Am. Sub. H. B. No. 59 As Reported by the Committee of Conference

As Reported by the Committee of Conference

130th General Assembly

Regular Session

2013-2014

Am. Sub. H. B. No. 59

Representative Amstutz

Cosponsors: Representatives Anielski, Baker, Beck, Blair, Boose, Brown, Burkley, Conditt, Dovilla, Grossman, Hackett, Hagan, C., Hayes, Lynch, McClain, McGregor, Pelanda, Rosenberger, Ruhl, Sears, Sprague, Stebelton, Thompson
Senators Beagle, Burke, Coley, Faber, Hite, Lehner, Oelslager, Peterson, Schaffer, Uecker, Widener

A BILL

To amend sections 9.03, 9.15, 9.231, 9.239, 9.24,

9.833, 9.90, 9.901, 101.39, 101.391, 102.02,

103.144, 103.63, 107.033, 107.12, 109.06, 109.36,

109.57, 109.572, 109.71, 109.746, 109.77, 109.85,

109.86, 109.90, 109.91, 111.02, 111.15, 111.28,

113.02, 113.061, 117.03, 117.10, 117.20, 119.01,

120.06, 121.02, 121.03, 121.22, 121.35, 121.37,

121.372, 122.075, 122.083, 122.17, 122.171,

122.175, 122.28, 122.30, 122.31, 122.32, 122.33,

122.34, 122.35, 122.36, 122.58, 122.657, 122.658,

122.66, 122.67, 122.68, 122.69, 122.70, 122.701,

122.76, 122.861, 123.01, 123.10, 123.11, 123.201,

123.21, 123.27, 124.11, 124.14, 124.18, 124.30,

124.341, 124.381, 124.57, 124.84, 125.05, 125.21,

125.212, 125.28, 125.602, 125.603, 125.832,

125.836, 126.07, 126.14, 126.32, 126.35, 126.45,

126.46, 126.47, 126.48, 127.14, 127.16, 131.51,

133.01, 133.06, 135.22, 135.61, 135.71, 135.80,

135.81, 135.85, 140.01, 140.03, 140.05, 145.01,

145.012, 145.037, 145.038, 145.22, 149.01, 149.12,

149.311, 149.43, 149.431, 149.54, 151.11, 152.09,

153.692, 154.01, 154.17, 154.20, 154.22, 154.23,

154.25, 156.02, 156.03, 156.04, 156.05, 166.02,

166.03, 166.04, 166.08, 166.25, 167.03, 169.02,

169.05, 169.07, 169.08, 171.05, 173.03, 173.14,

173.17, 173.19, 173.20, 173.21, 173.23, 173.25,

173.26, 173.27, 173.28, 173.39, 173.391, 173.392,

173.394, 173.40, 173.401, 173.402, 173.403,

173.404, 173.42, 173.43, 173.431, 173.432,

173.434, 173.45, 173.47, 173.48, 173.50, 173.501,

173.99, 183.16, 183.33, 187.10, 191.01, 191.02,

191.04, 191.06, 301.28, 305.23, 307.07, 307.515,

307.673, 307.674, 307.696, 307.697, 307.86,

309.09, 317.06, 317.08, 317.32, 317.321, 317.36,

319.302, 321.35, 321.44, 323.151, 323.152,

323.153, 329.04, 329.051, 329.06, 329.14, 333.01,

333.02, 333.03, 333.04, 333.05, 339.02, 339.05,

339.06, 339.07, 340.01, 340.011, 340.02, 340.021,

340.03, 340.031, 340.032, 340.04, 340.05, 340.07,

340.09, 340.091, 340.10, 340.11, 340.12, 340.13,

340.15, 340.16, 341.192, 349.01, 349.04, 351.021,

715.013, 715.691, 721.01, 721.03, 731.091, 737.41,

742.14, 755.06, 901.21, 901.22, 901.23, 903.11,

903.99, 905.06, 909.15, 924.02, 924.06, 927.54,

935.01, 935.03, 935.041, 935.07, 935.12, 955.01,

955.05, 955.06, 955.07, 955.08, 955.09, 955.12,

955.14, 955.201, 956.07, 956.18, 959.131, 959.132,

959.99, 991.03, 991.04, 991.06, 1309.521, 1332.26,

1337.11, 1347.08, 1501.011, 1501.45, 1506.21,

1506.30, 1509.01, 1509.02, 1509.062, 1509.10,

1509.11, 1509.22, 1509.226, 1509.50, 1511.02,

1511.022, 1531.06, 1531.17, 1545.071, 1547.542,

1547.99, 1548.02, 1551.33, 1551.35, 1555.15,

1701.86, 1701.922, 1703.29, 1711.07, 1721.10,

1724.02, 1724.03, 1739.061, 1751.01, 1751.11,

1751.12, 1751.14, 1751.271, 1751.31, 1751.60,

1923.14, 2101.24, 2108.05, 2113.041, 2113.06,

2117.061, 2117.25, 2133.01, 2133.25, 2151.011,

2151.3514, 2151.362, 2151.83, 2151.86, 2152.54,

2152.59, 2303.201, 2305.234, 2307.65, 2317.02,

2317.422, 2317.56, 2505.02, 2743.48, 2744.05,

2901.13, 2901.30, 2903.13, 2903.33, 2907.22,

2913.01, 2913.40, 2913.401, 2919.271, 2921.01,

2921.22, 2921.36, 2921.38, 2923.125, 2923.126,

2925.03, 2929.13, 2929.15, 2929.18, 2930.01,

2935.03, 2935.33, 2945.37, 2945.371, 2945.38,

2945.39, 2945.40, 2945.401, 2951.041, 2967.22,

2981.01, 2981.12, 2981.13, 3101.051, 3107.083,

3109.15, 3111.04, 3111.72, 3119.29, 3119.54,

3121.441, 3121.89, 3121.891, 3121.892, 3121.893,

3121.898, 3123.958, 3125.18, 3125.36, 3301.07,

3301.0711, 3301.0712, 3301.0714, 3301.0715,

3301.0723, 3301.0725, 3301.15, 3301.16, 3302.01,

3302.03, 3302.20, 3302.21, 3302.22, 3303.41,

3304.11, 3304.12, 3304.13, 3304.14, 3304.15,

3304.16, 3304.17, 3304.18, 3304.181, 3304.182,

3304.19, 3304.20, 3304.21, 3304.22, 3304.23,

3304.231, 3304.25, 3304.27, 3304.28, 3304.41,

3305.03, 3307.51, 3309.21, 3310.01, 3310.02,

3310.03, 3310.05, 3310.06, 3310.08, 3310.14,

3310.52, 3310.522, 3310.56, 3311.0510, 3311.19,

3311.22, 3311.231, 3311.38, 3311.78, 3311.83,

3311.86, 3312.08, 3313.372, 3313.376, 3313.48,

3313.483, 3313.484, 3313.488, 3313.4810, 3313.533,

3313.537, 3313.539, 3313.60, 3313.603, 3313.6013,

3313.6016, 3313.612, 3313.615, 3313.62, 3313.64,

3313.646, 3313.65, 3313.714, 3313.715, 3313.82,

3313.83, 3313.841, 3313.843, 3313.844, 3313.845,

3313.847, 3313.88, 3313.911, 3313.976, 3313.978,

3313.98, 3313.981, 3314.015, 3314.017, 3314.027,

3314.029, 3314.03, 3314.05, 3314.06, 3314.072,

3314.074, 3314.08, 3314.083, 3314.084, 3314.087,

3314.091, 3314.11, 3314.26, 3314.35, 3315.07,

3315.33, 3315.40, 3315.42, 3316.041, 3316.06,

3317.01, 3317.013, 3317.021, 3317.023, 3317.0212,

3317.03, 3317.032, 3317.05, 3317.06, 3317.063,

3317.08, 3317.10, 3317.14, 3317.141, 3317.18,

3317.19, 3317.20, 3317.201, 3317.50, 3317.51,

3318.011, 3318.031, 3318.08, 3318.31, 3318.36,

3318.363, 3319.07, 3319.073, 3319.112, 3319.17,

100

3319.22, 3319.235, 3319.57, 3319.58, 3321.01,

101

3321.04, 3321.05, 3321.13, 3321.14, 3321.15,

102

3323.021, 3323.03, 3323.04, 3323.07, 3323.08,

103

3323.09, 3323.091, 3323.13, 3323.14, 3323.141,

104

3323.142, 3326.07, 3326.08, 3326.11, 3326.31,

105

3326.32, 3326.33, 3326.34, 3326.38, 3326.45,

106

3327.01, 3327.02, 3327.10, 3333.041, 3333.73,

107

3333.81, 3333.82, 3333.84, 3335.35, 3335.36,

108

3335.37, 3335.38, 3345.05, 3345.06, 3345.12,

109

3353.01, 3353.02, 3353.03, 3353.04, 3353.06,

110

3353.07, 3365.01, 3365.02, 3365.021, 3365.07,

111

3365.12, 3383.01, 3383.07, 3501.01, 3517.01,

112

3517.10, 3517.101, 3517.102, 3517.103, 3517.104,

113

3517.153, 3517.154, 3517.155, 3517.20, 3517.992,

114

3599.03, 3599.45, 3701.023, 3701.024, 3701.027,

115

3701.041, 3701.13, 3701.243, 3701.261, 3701.262,

116

3701.264, 3701.342, 3701.344, 3701.507, 3701.74,

117

3701.741, 3701.742, 3701.78, 3701.83, 3701.881,

118

3701.921, 3701.922, 3701.99, 3702.30, 3702.51,

119

3702.521, 3702.55, 3702.62, 3702.74, 3702.91,

120

3704.144, 3706.01, 3707.511, 3709.01, 3709.051,

121

3709.10, 3712.051, 3712.07, 3712.09, 3713.06,

122

3714.03, 3714.07, 3717.08, 3718.06, 3719.61,

123

3721.01, 3721.011, 3721.02, 3721.022, 3721.024,

124

3721.027, 3721.042, 3721.071, 3721.08, 3721.10,

125

3721.12, 3721.121, 3721.13, 3721.14, 3721.15,

126

3721.16, 3721.17, 3721.19, 3721.50, 3721.51,

127

3721.511, 3721.512, 3721.513, 3721.52, 3721.53,

128

3721.531, 3721.532, 3721.533, 3721.54, 3721.541,

129

3721.55, 3721.56, 3721.57, 3721.58, 3727.01,

130

3734.01, 3734.02, 3734.28, 3734.57, 3734.901,

131

3734.907, 3735.58, 3737.02, 3737.83, 3737.841,

132

3737.88, 3737.882, 3742.30, 3742.31, 3742.32,

133

3742.51, 3745.11, 3745.113, 3745.72, 3748.01,

134

3748.04, 3769.08, 3769.087, 3769.088, 3769.089,

135

3769.10, 3769.26, 3769.28, 3770.02, 3770.06,

136

3772.062, 3772.24, 3781.112, 3793.01, 3793.031,

137

3793.032, 3793.051, 3793.10, 3793.11, 3793.12,

138

3793.13, 3793.14, 3793.15, 3793.16, 3793.18,

139

3793.22, 3793.31, 3793.32, 3793.33, 3793.34,

140

3793.35, 3793.36, 3793.37, 3793.38, 3793.39,

141

3795.01, 3798.01, 3798.10, 3798.13, 3798.14,

142

3798.15, 3798.16, 3901.3814, 3903.14, 3905.40,

143

3905.483, 3905.862, 3916.06, 3923.24, 3923.241,

144

3923.281, 3923.443, 3923.49, 3923.50, 3923.601,

145

3923.83, 3924.41, 3924.42, 3963.01, 3963.04,

146

4104.33, 4112.02, 4112.12, 4112.31, 4115.034,

147

4115.32, 4117.06, 4117.14, 4117.15, 4121.44,

148

4121.441, 4121.50, 4121.69, 4123.32, 4123.35,

149

4123.41, 4123.57, 4123.93, 4131.03, 4141.162,

150

4301.01, 4301.10, 4301.30, 4301.421, 4301.43,

151

4301.62, 4303.181, 4303.29, 4305.131, 4501.01,

152

4501.21, 4503.03, 4503.064, 4503.065, 4503.066,

153

4503.44, 4503.62, 4505.02, 4505.09, 4506.07,

154

4507.06, 4507.51, 4510.038, 4510.45, 4511.19,

155

4511.191, 4511.21, 4511.69, 4511.85, 4513.34,

156

4701.03, 4707.02, 4707.073, 4707.10, 4709.11,

157

4713.08, 4713.44, 4715.22, 4715.36, 4715.372,

158

4717.03, 4717.06, 4717.07, 4717.10, 4717.14,

159

4717.15, 4719.01, 4723.18, 4723.35, 4723.481,

160

4725.03, 4725.16, 4729.69, 4729.80, 4729.81,

161

4730.411, 4731.05, 4731.151, 4731.22, 4731.23,

162

4731.65, 4731.71, 4732.06, 4732.07, 4732.08,

163

4734.41, 4735.07, 4735.09, 4735.10, 4735.142,

164

4735.56, 4742.01, 4751.02, 4751.03, 4751.04,

165

4751.041, 4751.05, 4751.06, 4751.07, 4751.08,

166

4751.10, 4751.11, 4751.12, 4751.13, 4753.071,

167

4755.11, 4755.47, 4755.481, 4755.64, 4758.10,

168

4758.11, 4761.01, 4776.01, 4778.02, 4778.03,

169

4781.28, 4906.20, 4955.32, 4955.321, 4955.34,

170

4955.44, 4955.47, 4999.04, 5101.01, 5101.11,

171

5101.141, 5101.16, 5101.162, 5101.18, 5101.181,

172

5101.183, 5101.184, 5101.26, 5101.271, 5101.272,

173

5101.273, 5101.30, 5101.31, 5101.34, 5101.35,

174

5101.36, 5101.46, 5101.461, 5101.47, 5101.49,

175

5101.50, 5101.501, 5101.502, 5101.51, 5101.511,

176

5101.512, 5101.513, 5101.516, 5101.517, 5101.519,

177

5101.5110, 5101.52, 5101.521, 5101.522, 5101.524,

178

5101.527, 5101.571, 5101.572, 5101.573, 5101.574,

179

5101.575, 5101.58, 5101.59, 5101.591, 5101.60,

180

5101.61, 5101.80, 5101.801, 5101.803, 5103.02,

181

5103.0323, 5103.13, 5103.42, 5104.012, 5104.013,

182

5104.02, 5104.021, 5104.03, 5104.08, 5104.11,

183

5104.12, 5104.32, 5107.10, 5107.14, 5107.16,

184

5107.20, 5107.24, 5107.26, 5107.42, 5107.64,

185

5111.01, 5111.011, 5111.013, 5111.016, 5111.018,

186

5111.0112, 5111.0114, 5111.0116, 5111.0117,

187

5111.0118, 5111.0119, 5111.0124, 5111.0125,

188

5111.02, 5111.021, 5111.022, 5111.023, 5111.024,

189

5111.025, 5111.027, 5111.028, 5111.029, 5111.0210,

190

5111.0211, 5111.0212, 5111.0213, 5111.0214,

191

5111.0215, 5111.03, 5111.031, 5111.032, 5111.033,

192

5111.034, 5111.035, 5111.04, 5111.042, 5111.05,

193

5111.051, 5111.052, 5111.053, 5111.054, 5111.06,

194

5111.061, 5111.062, 5111.063, 5111.07, 5111.071,

195

5111.08, 5111.081, 5111.082, 5111.083, 5111.084,

196

5111.085, 5111.086, 5111.09, 5111.091, 5111.092,

197

5111.10, 5111.101, 5111.102, 5111.11, 5111.111,

198

5111.112, 5111.113, 5111.114, 5111.12, 5111.121,

199

5111.13, 5111.14, 5111.141, 5111.15, 5111.151,

200

5111.16, 5111.161, 5111.162, 5111.163, 5111.17,

201

5111.171, 5111.172, 5111.173, 5111.174, 5111.175,

202

5111.177, 5111.178, 5111.179, 5111.1710,

203

5111.1711, 5111.18, 5111.181, 5111.19, 5111.191,

204

5111.20, 5111.201, 5111.202, 5111.203, 5111.204,

205

5111.21, 5111.212, 5111.22, 5111.221, 5111.222,

206

5111.223, 5111.224, 5111.225, 5111.226, 5111.23,

207

5111.231, 5111.232, 5111.233, 5111.235, 5111.24,

208

5111.241, 5111.242, 5111.244, 5111.245, 5111.246,

209

5111.25, 5111.251, 5111.254, 5111.255, 5111.257,

210

5111.258, 5111.259, 5111.26, 5111.261, 5111.262,

211

5111.263, 5111.264, 5111.265, 5111.266, 5111.27,

212

5111.271, 5111.28, 5111.29, 5111.291, 5111.30,

213

5111.31, 5111.32, 5111.33, 5111.331, 5111.35,

214

5111.36, 5111.37, 5111.38, 5111.39, 5111.41,

215

5111.411, 5111.42, 5111.43, 5111.44, 5111.45,

216

5111.46, 5111.47, 5111.48, 5111.49, 5111.50,

217

5111.51, 5111.511, 5111.52, 5111.53, 5111.54,

218

5111.55, 5111.56, 5111.57, 5111.58, 5111.59,

219

5111.60, 5111.61, 5111.62, 5111.63, 5111.66,

220

5111.661, 5111.67, 5111.671, 5111.672, 5111.673,

221

5111.674, 5111.675, 5111.676, 5111.677, 5111.68,

222

5111.681, 5111.682, 5111.683, 5111.684, 5111.685,

223

5111.686, 5111.687, 5111.688, 5111.689, 5111.70,

224

5111.701, 5111.702, 5111.703, 5111.704, 5111.705,

225

5111.707, 5111.708, 5111.709, 5111.7011, 5111.71,

226

5111.711, 5111.712, 5111.713, 5111.714, 5111.715,

227

5111.83, 5111.84, 5111.85, 5111.851, 5111.852,

228

5111.853, 5111.854, 5111.855, 5111.856, 5111.86,

229

5111.861, 5111.862, 5111.863, 5111.864, 5111.865,

230

5111.87, 5111.871, 5111.872, 5111.873, 5111.874,

231

5111.875, 5111.876, 5111.877, 5111.878, 5111.879,

232

5111.88, 5111.881, 5111.882, 5111.885, 5111.886,

233

5111.887, 5111.888, 5111.889, 5111.8810, 5111.89,

234

5111.891, 5111.892, 5111.894, 5111.90, 5111.91,

235

5111.911, 5111.912, 5111.914, 5111.915, 5111.92,

236

5111.93, 5111.94, 5111.941, 5111.943, 5111.944,

237

5111.945, 5111.96, 5111.97, 5111.98, 5111.981,

238

5111.982, 5111.99, 5112.01, 5112.03, 5112.04,

239

5112.05, 5112.06, 5112.07, 5112.08, 5112.09,

240

5112.10, 5112.11, 5112.17, 5112.18, 5112.19,

241

5112.21, 5112.30, 5112.31, 5112.32, 5112.33,

242

5112.331, 5112.34, 5112.341, 5112.35, 5112.37,

243

5112.371, 5112.38, 5112.39, 5112.40, 5112.41,

244

5112.42, 5112.43, 5112.44, 5112.45, 5112.46,

245

5112.47, 5112.48, 5112.99, 5112.991, 5115.20,

246

5117.10, 5119.01, 5119.012, 5119.02, 5119.04,

247

5119.06, 5119.061, 5119.07, 5119.071, 5119.072,

248

5119.08, 5119.10, 5119.101, 5119.11, 5119.12,

249

5119.14, 5119.16, 5119.161, 5119.17, 5119.18,

250

5119.20, 5119.201, 5119.202, 5119.21, 5119.22,

251

5119.221, 5119.23, 5119.24, 5119.27, 5119.30,

252

5119.33, 5119.34, 5119.35, 5119.351, 5119.36,

253

5119.42, 5119.43, 5119.44, 5119.46, 5119.51,

254

5119.52, 5119.53, 5119.57, 5119.60, 5119.61,

255

5119.611, 5119.612, 5119.613, 5119.62, 5119.621,

256

5119.622, 5119.63, 5119.631, 5119.69, 5119.691,

257

5119.99, 5120.07, 5120.09, 5120.135, 5120.17,

258

5120.171, 5120.652, 5120.654, 5121.051, 5121.30,

259

5121.32, 5121.33, 5121.34, 5121.35, 5121.36,

260

5121.37, 5121.38, 5121.40, 5121.42, 5121.43,

261

5121.44, 5121.45, 5121.46, 5121.47, 5121.49,

262

5121.50, 5121.51, 5121.52, 5121.55, 5122.01,

263

5122.03, 5122.10, 5122.11, 5122.12, 5122.13,

264

5122.15, 5122.17, 5122.18, 5122.19, 5122.20,

265

5122.21, 5122.23, 5122.25, 5122.26, 5122.27,

266

5122.271, 5122.31, 5122.311, 5122.32, 5122.33,

267

5122.34, 5122.341, 5122.39, 5122.43, 5122.44,

268

5122.45, 5122.46, 5122.47, 5123.01, 5123.021,

269

5123.022, 5123.03, 5123.0412, 5123.0417, 5123.09,

270

5123.171, 5123.19, 5123.192, 5123.197, 5123.198,

271

5123.38, 5123.61, 5123.86, 5126.01, 5126.026,

272

5126.043, 5126.05, 5126.051, 5126.054, 5126.055,

273

5139.03, 5139.04, 5139.08, 5139.34, 5145.162,

274

5145.18, 5149.22, 5153.16, 5302.221, 5309.082,

275

5309.68, 5309.86, 5501.311, 5501.312, 5501.73,

276

5502.011, 5505.12, 5507.01, 5507.02, 5507.021,

277

5507.022, 5507.03, 5507.06, 5507.07, 5507.08,

278

5507.09, 5507.12, 5507.15, 5507.18, 5507.22,

279

5507.25, 5507.26, 5507.27, 5507.32, 5507.34,

280

5507.40, 5507.42, 5507.44, 5507.46, 5507.52,

281

5507.53, 5507.54, 5507.55, 5507.57, 5507.571,

282

5507.60, 5507.63, 5507.99, 5511.03, 5515.08,

283

5540.03, 5701.13, 5703.052, 5703.053, 5703.059,

284

5703.19, 5703.21, 5703.37, 5703.50, 5703.70,

285

5703.82, 5705.01, 5705.10, 5705.19, 5705.192,

286

5705.21, 5705.217, 5705.218, 5705.221, 5705.25,

287

5709.17, 5709.40, 5709.73, 5709.75, 5709.78,

288

5725.18, 5725.33, 5725.34, 5726.20, 5726.52,

289

5726.54, 5727.26, 5727.75, 5727.84, 5727.89,

290

5728.10, 5729.03, 5729.04, 5729.16, 5729.17,

291

5731.39, 5733.01, 5733.06, 5733.11, 5733.55,

292

5733.58, 5733.98, 5735.012, 5735.12, 5735.27,

293

5735.34, 5739.01, 5739.02, 5739.026, 5739.09,

294

5739.10, 5739.13, 5739.212, 5741.01, 5741.02,

295

5741.03, 5741.17, 5743.01, 5743.024, 5743.081,

296

5743.15, 5743.323, 5743.51, 5743.56, 5743.62,

297

5743.63, 5745.12, 5747.01, 5747.02, 5747.022,

298

5747.025, 5747.05, 5747.08, 5747.10, 5747.11,

299

5747.113, 5747.122, 5747.13, 5747.21, 5747.22,

300

5747.47, 5747.501, 5747.76, 5747.98, 5748.01,

301

5749.02, 5749.06, 5749.07, 5749.17, 5751.01,

302

5751.014, 5751.02, 5751.03, 5751.051, 5751.07,

303

5751.081, 5751.09, 5751.20, 5751.21, 5753.03,

304

5753.07, 5815.28, 5902.02, 5905.02, 5910.02,

305

5910.07, 5919.34, 5924.502, 5924.503, 5924.504,

306

5924.506, 6109.21, and 6111.037; to amend, for the

307

purpose of adopting new section numbers as

308

indicated in parentheses, sections 173.394

309

(173.38), 173.40 (173.52), 173.401 (173.521),

310

173.402 (173.524), 173.403 (173.53), 173.404

311

(173.55), 3304.23 (3335.60), 3304.231 (3335.61),

312

3304.14 (3304.15), 3304.15 (3304.16), 3304.16

313

(3304.14), 3313.847 (3317.30), 3333.90 (3333.59),

314

3383.01 (123.28), 3383.07 (123.281), 3701.041

315

(124.88), 3721.50 (5168.40), 3721.51 (5168.42),

316

3721.511 (5168.43), 3721.512 (5168.44), 3721.513

317

(5168.45), 3721.52 (5168.46), 3721.53 (5168.47),

318

3721.531 (5168.48), 3721.532 (5168.49), 3721.533

319

(5168.50), 3721.54 (5168.51), 3721.541 (5168.52),

320

3721.55 (5168.53), 3721.56 (5168.54), 3721.57

321

(5168.55), 3721.58 (5168.56), 3737.883 (3737.884),

322

3793.01 (5119.01), 3793.031 (5119.201), 3793.032

323

(5119.47), 3793.051 (5119.161), 3793.10 (5119.38),

324

3793.11 (5119.39), 3793.12 (5119.61), 3793.13

325

(5119.27), 3793.14 (5119.26), 3793.15 (5119.17),

326

3793.16 (5119.188), 3793.18 (5119.30), 3793.22

327

(5119.49), 3793.31 (5119.90), 3793.32 (5119.91),

328

3793.33 (5119.92), 3793.34 (5119.93), 3793.35

329

(5119.94), 3793.36 (5119.95), 3793.37 (5119.96),

330

3793.38 (5119.97), 3793.39 (5119.98), 5101.271

331

(5160.45), 5101.31 (5164.756), 5101.50 (5161.05),

332

5101.501 (5161.06), 5101.502 (5161.02), 5101.51

333

(5161.10), 5101.511 (5161.11), 5101.5110

334

(5161.35), 5101.512 (5161.12), 5101.513 (5161.30),

335

5101.516 (5161.22), 5101.517 (5161.24), 5101.519

336

(5161.27), 5101.52 (5161.15), 5101.521 (5161.16),

337

5101.522 (5161.17), 5101.524 (5161.20), 5101.527

338

(5161.25), 5101.571 (5160.35), 5101.572 (5160.39),

339

5101.573 (5160.40), 5101.574 (5160.41), 5101.575

340

(5160.42), 5101.58 (5160.37), 5101.59 (5160.38),

341

5101.591 (5160.43), 5111.01 (5162.03), 5111.011

342

(5163.02), 5111.013 (5163.40), 5111.016 (5164.26),

343

5111.018 (5164.07), 5111.0112 (5162.20), 5111.0114

344

(5164.754), 5111.0116 (5163.30), 5111.0117

345

(5163.31), 5111.0118 (5163.32), 5111.0119

346

(5163.45), 5111.0124 (5163.10), 5111.0125

347

(5163.101), 5111.02 (5164.02), 5111.021 (5164.70),

348

5111.022 (5164.56), 5111.023 (5164.15), 5111.024

349

(5164.08), 5111.025 (5164.76), 5111.027 (5164.20),

350

5111.028 (5164.32), 5111.029 (5164.06), 5111.0210

351

(5164.92), 5111.0211 (5165.48), 5111.0212

352

(5164.80), 5111.0213 (5164.77), 5111.0214

353

(5164.82), 5111.0215 (5164.93), 5111.03 (5164.35),

354

5111.031 (5164.37), 5111.032 (5164.34), 5111.033

355

(5164.342), 5111.034 (5164.341), 5111.035

356

(5164.36), 5111.04 (5164.05), 5111.042 (5164.25),

357

5111.05 (5164.45), 5111.051 (5164.48), 5111.052

358

(5164.46), 5111.053 (5164.301), 5111.054

359

(5164.47), 5111.06 (5164.38), 5111.061 (5164.57),

360

5111.062 (5164.39), 5111.063 (5164.31), 5111.07

361

(5164.752), 5111.071 (5164.753), 5111.08

362

(5164.759), 5111.081 (5164.755), 5111.082

363

(5164.751), 5111.083 (5164.757), 5111.084

364

(5164.7510), 5111.085 (5164.758), 5111.086

365

(5164.75), 5111.09 (5162.13), 5111.091 (5162.131),

366

5111.092 (5162.132), 5111.10 (5162.10), 5111.101

367

(5162.15), 5111.102 (5162.04), 5111.11 (5162.21),

368

5111.111 (5162.211), 5111.112 (5162.212), 5111.113

369

(5162.22), 5111.114 (5163.33), 5111.12 (5162.23),

370

5111.121 (5162.24), 5111.13 (5164.85), 5111.14

371

(5164.88), 5111.141 (5164.89), 5111.15 (5163.20),

372

5111.151 (5163.21), 5111.16 (5167.03), 5111.161

373

(5167.031), 5111.162 (5167.20), 5111.163

374

(5167.201), 5111.17 (5167.10), 5111.171 (5167.31),

375

5111.172 (5167.12), 5111.173 (5167.40), 5111.174

376

(5167.41), 5111.175 (5167.26), 5111.177 (5167.11),

377

5111.178 (5167.25), 5111.179 (5167.13), 5111.1710

378

(5167.14), 5111.1711 (5167.30), 5111.18 (5164.86),

379

5111.181 (5163.22), 5111.19 (5164.74), 5111.191

380

(5164.741), 5111.20 (5165.01), 5111.201

381

(5165.011), 5111.202 (5165.03), 5111.203

382

(5165.031), 5111.204 (5165.04), 5111.21 (5165.06),

383

5111.212 (5165.35), 5111.22 (5165.07), 5111.221

384

(5165.37), 5111.222 (5165.15), 5111.223

385

(5165.071), 5111.224 (5124.15), 5111.225

386

(5165.155), 5111.226 (5124.02), 5111.23 (5124.19),

387

5111.231 (5165.19), 5111.232 (5165.192), 5111.233

388

(5124.194), 5111.235 (5124.23), 5111.24 (5165.16),

389

5111.241 (5124.21), 5111.242 (5165.21), 5111.244

390

(5165.25), 5111.245 (5165.26), 5111.246 (5165.23),

391

5111.25 (5165.17), 5111.251 (5124.17), 5111.254

392

(5165.151), 5111.255 (5124.151), 5111.257

393

(5165.28), 5111.258 (5165.153), 5111.259

394

(5165.156), 5111.26 (5165.10), 5111.261

395

(5165.107), 5111.262 (5165.47), 5111.263

396

(5124.29), 5111.264 (5165.30), 5111.265 (5165.29),

397

5111.266 (5165.101), 5111.27 (5165.108), 5111.271

398

(5165.1010), 5111.28 (5165.40), 5111.29 (5165.38),

399

5111.291 (5124.154), 5111.30 (5165.073), 5111.31

400

(5165.08), 5111.32 (5165.081), 5111.33 (5124.34),

401

5111.331 (5165.34), 5111.35 (5165.60), 5111.36

402

(5165.61), 5111.37 (5165.62), 5111.38 (5165.63),

403

5111.39 (5165.64), 5111.40 (5165.65), 5111.41

404

(5165.66), 5111.411 (5165.67), 5111.42 (5165.68),

405

5111.43 (5165.69), 5111.44 (5165.70), 5111.45

406

(5165.71), 5111.46 (5165.72), 5111.47 (5165.73),

407

5111.48 (5165.74), 5111.49 (5165.75), 5111.50

408

(5165.76), 5111.51 (5165.77), 5111.511 (5165.78),

409

5111.52 (5165.79), 5111.53 (5165.80), 5111.54

410

(5165.81), 5111.55 (5165.82), 5111.56 (5165.83),

411

5111.57 (5165.84), 5111.58 (5165.85), 5111.59

412

(5165.86), 5111.60 (5165.87), 5111.61 (5165.88),

413

5111.62 (5162.66), 5111.63 (5165.89), 5111.66

414

(5165.50), 5111.661 (5165.501), 5111.67 (5165.51),

415

5111.671 (5165.511), 5111.672 (5165.512), 5111.673

416

(5165.513), 5111.674 (5165.514), 5111.675

417

(5165.515), 5111.676 (5165.516), 5111.677

418

(5165.517), 5111.68 (5165.52), 5111.681

419

(5165.521), 5111.682 (5165.522), 5111.683

420

(5165.523), 5111.684 (5165.524), 5111.685

421

(5165.525), 5111.686 (5165.526), 5111.687

422

(5165.527), 5111.688 (5165.528), 5111.689

423

(5165.53), 5111.70 (5163.09), 5111.701 (5163.091),

424

5111.702 (5163.092), 5111.703 (5163.093), 5111.704

425

(5163.094), 5111.705 (5163.095), 5111.706

426

(5163.096), 5111.707 (5163.097), 5111.708

427

(5163.098), 5111.709 (5163.099), 5111.7011

428

(5163.0910), 5111.71 (5162.36), 5111.711

429

(5162.361), 5111.712 (5162.362), 5111.713

430

(5162.363), 5111.714 (5162.64), 5111.715

431

(5162.364), 5111.83 (5162.30), 5111.84 (5166.03),

432

5111.85 (5166.02), 5111.851 (5166.04), 5111.852

433

(5166.05), 5111.853 (5166.06), 5111.854 (5166.07),

434

5111.855 (5166.08), 5111.856 (5166.10), 5111.86

435

(5166.11), 5111.861 (5166.12), 5111.862

436

(5166.121), 5111.863 (5166.13), 5111.864

437

(5166.14), 5111.865 (5166.141), 5111.87 (5166.20),

438

5111.871 (5166.21), 5111.872 (5166.22), 5111.873

439

(5166.23), 5111.874 (5124.60), 5111.875 (5124.61),

440

5111.876 (5124.62), 5111.877 (5124.63), 5111.878

441

(5124.64), 5111.879 (5124.65), 5111.88 (5166.30),

442

5111.881 (5166.301), 5111.882 (5166.302), 5111.883

443

(5166.303), 5111.884 (5166.304), 5111.885

444

(5166.305), 5111.886 (5166.306), 5111.887

445

(5166.307), 5111.888 (5166.308), 5111.889

446

(5166.309), 5111.8810 (5166.3010), 5111.89

447

(173.54), 5111.891 (173.541), 5111.892 (173.544),

448

5111.893 (173.547), 5111.894 (173.542), 5111.90

449

(5162.32), 5111.91 (5162.35), 5111.911 (5162.37),

450

5111.912 (5162.371), 5111.914 (5164.58), 5111.915

451

(5162.11), 5111.92 (5162.40), 5111.93 (5162.41),

452

5111.94 (5162.54), 5111.941 (5162.52), 5111.943

453

(5162.50), 5111.944 (5162.58), 5111.945 (5162.56),

454

5111.96 (5164.90), 5111.97 (5166.35), 5111.98

455

(5162.031), 5111.981 (5164.91), 5111.982

456

(5167.21), 5111.99 (5165.99), 5112.01 (5168.01),

457

5112.03 (5168.02), 5112.04 (5168.05), 5112.05

458

(5168.03), 5112.06 (5168.06), 5112.07 (5168.07),

459

5112.08 (5168.09), 5112.09 (5168.08), 5112.10

460

(5168.04), 5112.11 (5168.10), 5112.17 (5168.14),

461

5112.18 (5168.11), 5112.19 (5168.12), 5112.21

462

(5168.13), 5112.30 (5168.60), 5112.31 (5168.61),

463

5112.32 (5168.62), 5112.33 (5168.63), 5112.331

464

(5168.64), 5112.34 (5168.65), 5112.341 (5168.66),

465

5112.35 (5168.67), 5112.37 (5168.68), 5112.371

466

(5168.69), 5112.38 (5168.70), 5112.39 (5168.71),

467

5112.40 (5168.20), 5112.41 (5168.21), 5112.42

468

(5168.22), 5112.43 (5168.23), 5112.44 (5168.24),

469

5112.45 (5168.25), 5112.46 (5168.26), 5112.47

470

(5168.27), 5112.48 (5168.28), 5112.99 (5168.99),

471

5112.991 (5168.991), 5119.01 (5119.10), 5119.012

472

(5119.141), 5119.02 (5119.14), 5119.06 (5119.21),

473

5119.061 (5119.40), 5119.07 (5119.11), 5119.071

474

(5119.18), 5119.072 (5119.181), 5119.08

475

(5119.182), 5119.10 (5119.184), 5119.101

476

(5119.185), 5119.11 (5119.186), 5119.12

477

(5119.187), 5119.14 (5119.08), 5119.16 (5119.44),

478

5119.161 (5119.45), 5119.17 (5119.51), 5119.18

479

(5119.46), 5119.20 (5119.33), 5119.201 (5119.331),

480

5119.202 (5119.332), 5119.21 (5119.333), 5119.22

481

(5119.34), 5119.221 (5119.342), 5119.23 (5119.31),

482

5119.24 (5119.15), 5119.27 (5119.05), 5119.30

483

(5119.09), 5119.33 (5119.54), 5119.34 (5119.50),

484

5119.35 (5119.56), 5119.351 (5119.55), 5119.36

485

(5119.52), 5119.42 (5119.07), 5119.43 (5119.06),

486

5119.44 (5119.051), 5119.46 (5119.60), 5119.50

487

(5119.70), 5119.51 (5119.71), 5119.52 (5119.72),

488

5119.53 (5119.73), 5119.57 (5119.29), 5119.60

489

(5119.32), 5119.61 (5119.22), 5119.611 (5119.36),

490

5119.612 (5119.37), 5119.613 (5119.361), 5119.62

491

(5119.23), 5119.621 (5119.24), 5119.622 (5119.25),

492

5119.63 (5119.42), 5119.631 (5119.421), 5119.69

493

(5119.41), 5119.691 (5119.411), 5507.01 (128.01),

494

5507.02 (128.02), 5507.021 (128.021), 5507.022

495

(128.022), 5507.03 (128.03), 5507.06 (128.06),

496

5507.07 (128.07), 5507.08 (128.08), 5507.09

497

(128.09), 5507.12 (128.12), 5507.15 (128.15),

498

5507.18 (128.18), 5507.22 (128.22), 5507.25

499

(128.25), 5507.26 (128.26), 5507.27 (128.27),

500

5507.32 (128.32), 5507.34 (128.34), 5507.40

501

(128.40), 5507.42 (128.42), 5507.44 (128.44),

502

5507.46 (128.46), 5507.52 (128.52), 5507.53

503

(128.53), 5507.54 (128.54), 5507.55 (128.55),

504

5507.57 (128.57), 5507.571 (128.571), 5507.60

505

(128.60), 5507.63 (128.63), and 5507.99 (128.99);

506

to enact new sections 3313.481, 3317.014, 3317.02,

507

3317.022, 3317.0217, 3317.051, 3317.16, 3326.39,

508

3345.81, and 3737.883, and sections 1.611,

509

103.0521, 109.921, 121.483, 122.681, 123.19,

510

125.27, 125.833, 126.211, 128.45, 128.461,

511

128.462, 128.47, 149.307, 173.51, 173.522,

512

173.523, 173.543, 173.545, 173.546, 173.56,

513

173.60, 311.172, 319.10, 321.49, 340.08, 353.01 to

514

353.16, 511.261, 517.271, 721.29, 743.50, 903.30,

515

955.121, 991.041, 1509.074, 1509.16, 1509.227,

516

1545.23, 1547.532, 2101.026, 2329.192, 2919.19,

517

2919.191, 2919.192, 2919.193, 2950.012, 3302.26,

518

3310.032, 3310.035, 3313.5311, 3313.5312,

519

3313.6018, 3313.6019, 3313.848, 3313.849,

520

3314.042, 3314.082, 3314.086, 3314.092, 3314.20,

521

3317.016, 3317.017, 3317.0213, 3317.0214,

522

3317.161, 3317.25, 3317.40, 3319.031, 3325.13,

523

3325.14, 3326.112, 3326.40, 3327.07, 3328.27,

524

3333.0412, 3333.124, 3333.342, 3333.613, 3337.16,

525

3345.48, 3350.15, 3365.022, 3701.033, 3701.139,

526

3701.832, 3701.94, 3701.941, 3701.942, 3701.943,

527

3701.944, 3701.96, 3701.98, 3702.302, 3702.303,

528

3702.304, 3702.305, 3702.306, 3702.307, 3702.308,

529

3714.074, 3721.072, 3727.60, 3734.125, 3735.661,

530

3769.101, 3769.102, 3769.103, 3772.36, 4123.322,

531

4503.524, 4503.526, 4503.732, 4503.95, 4503.96,

532

4713.641, 4731.299, 4751.042, 4751.14, 4783.01,

533

4783.02, 4783.03, 4783.04, 4783.05, 4783.09,

534

4783.10, 4783.11, 4783.12, 4783.13, 4783.99,

535

4906.201, 4909.157, 4955.322, 5101.101, 5101.804,

536

5103.05, 5119.28, 5119.341, 5123.023, 5124.01,

537

5124.03, 5124.05, 5124.06, 5124.07, 5124.071,

538

5124.072, 5124.08, 5124.081, 5124.10, 5124.101,

539

5124.102, 5124.103, 5124.104, 5124.105, 5124.106,

540

5124.107, 5124.108, 5124.109, 5124.152, 5124.153,

541

5124.191, 5124.192, 5124.193, 5124.25, 5124.28,

542

5124.30, 5124.31, 5124.32, 5124.33, 5124.35,

543

5124.37, 5124.38, 5124.40, 5124.41, 5124.42,

544

5124.43, 5124.44, 5124.45, 5124.46, 5124.50,

545

5124.51, 5124.511, 5124.512, 5124.513, 5124.514,

546

5124.515, 5124.516, 5124.517, 5124.52, 5124.521,

547

5124.522, 5124.523, 5124.524, 5124.525, 5124.526,

548

5124.527, 5124.528, 5124.53, 5124.67, 5124.99,

549

5126.131, 5160.01, 5160.011, 5160.02, 5160.021,

550

5160.03, 5160.04, 5160.05, 5160.051, 5160.052,

551

5160.06, 5160.10, 5160.11, 5160.12, 5160.13,

552

5160.16, 5160.20, 5160.21, 5160.22, 5160.23,

553

5160.30, 5160.31, 5160.371, 5160.46, 5160.47,

554

5160.48, 5160.481, 5160.50, 5160.52, 5160.99,

555

5161.01, 5162.01, 5162.02, 5162.021, 5162.022,

556

5162.05, 5162.06, 5162.07, 5162.12, 5162.31,

557

5162.60, 5162.62, 5163.01, 5163.03, 5163.04,

558

5163.05, 5163.06, 5163.061, 5163.07, 5163.08,

559

5164.01, 5164.03, 5164.30, 5164.33, 5164.55,

560

5164.59, 5164.60, 5164.61, 5164.71, 5164.72,

561

5164.73, 5164.78, 5164.881, 5164.911, 5165.02,

562

5165.072, 5165.082, 5165.102, 5165.103, 5165.104,

563

5165.105, 5165.106, 5165.109, 5165.152, 5165.154,

564

5165.191, 5165.193, 5165.32, 5165.33, 5165.41,

565

5165.42, 5165.43, 5165.44, 5165.45, 5165.46,

566

5165.49, 5165.771, 5166.01, 5166.16, 5167.01,

567

5167.02, 5168.41, 5540.18, 5703.75, 5703.76,

568

5703.90, 5703.91, 5703.92, 5703.93, 5705.55,

569

5735.013, 5736.01 to 5736.14, 5736.99, 5741.032,

570

5747.71, 5910.08, and 5919.342; and to repeal

571

sections 122.076, 122.15, 122.151, 122.152,

572

122.153, 122.154, 122.29, 122.97, 123.23, 125.837,

573

125.838, 149.51, 149.55, 166.22, 166.28, 173.425,

574

173.433, 183.11, 183.28, 184.04, 340.022, 340.033,

575

340.06, 340.14, 1513.371, 1531.34, 1547.721,

576

1547.722, 1547.723, 1547.724, 1547.725, 1547.726,

577

3302.043, 3304.24, 3304.26, 3304.38, 3313.481,

578

3313.482, 3313.4811, 3314.088, 3314.13, 3317.012,

579

3317.014, 3317.018, 3317.02, 3317.022, 3317.029,

580

3317.0217, 3317.051, 3317.052, 3317.053, 3317.11,

581

3317.16, 3317.62, 3317.63, 3317.64, 3318.023,

582

3323.16, 3326.39, 3345.81, 3353.09, 3353.15,

583

3353.20, 3383.02, 3383.03, 3383.04, 3383.05,

584

3383.06, 3383.08, 3383.09, 3517.1010, 3701.072,

585

3701.263, 3701.343, 3701.90, 3701.901, 3701.902,

586

3701.903, 3701.904, 3701.905, 3701.906, 3701.907,

587

3721.026, 3793.02, 3793.03, 3793.04, 3793.041,

588

3793.05, 3793.06, 3793.061, 3793.08, 3793.09,

589

3793.19, 3793.20, 3793.21, 3793.99, 5101.503,

590

5101.514, 5101.515, 5101.518, 5101.523, 5101.525,

591

5101.526, 5101.528, 5101.529, 5111.012, 5111.014,

592

5111.015, 5111.0110, 5111.0111, 5111.0113,

593

5111.0115, 5111.0120, 5111.0121, 5111.0122,

594

5111.0123, 5111.176, 5111.211, 5111.236, 5111.65,

595

5111.8710, 5111.8811, 5111.913, 5111.942,

596

5111.946, 5119.011, 5119.013, 5119.03, 5119.05,

597

5119.47, 5119.623, 5119.64, 5119.65, 5119.66,

598

5119.67, 5119.68, 5507.65, 5507.66, 5707.05,

599

5727.41, 5733.35, 5747.211, 5747.33, 5751.031,

600

6101.451, and 6111.029 of the Revised Code; to

601

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

602

General Assembly; to amend Sections 205.10,

603

506.10, and 755.30 of Am. Sub. H.B. 51 of the

604

130th General Assembly; to amend Section 753.30 of

605

Am. Sub. H.B. 153 of the 129th General Assembly;

606

to amend Section 4 of Am. Sub. H.B. 279 of the

607

129th General Assembly; to amend Section 11 of

608

Sub. H.B. 303 of the 129th General Assembly; to

609

amend Section 9 of Am. Sub. H.B. 386 of the 129th

610

General Assembly; to amend Section 4 of Am. Sub.

611

H.B. 472 of the 129th General Assembly; to amend

612

Sections 201.80, 205.83, and 509.40 of Sub. H.B.

613

482 of the 129th General Assembly; to amend

614

Sections 301.11, 301.12, and 301.13 of Am. Sub.

615

H.B. 487 of the 129th General Assembly; to amend

616

Section 10 of Am. Sub. H.B. 386 of the 129th

617

General Assembly, as subsequently amended; to

618

amend Section 205.80 of Sub. H.B. 482 of the 129th

619

General Assembly, as subsequently amended; to

620

amend Section 4 of Sub. S.B. 171 of the 129th

621

General Assembly, as subsequently amended; to

622

amend Section 105.05 of Am. Sub. H.B. 2 of the

623

128th General Assembly; to repeal Section

624

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

625

General Assembly; to repeal Section 125.10 of Am.

626

Sub. H.B. 1 of the 128th General Assembly as

627

subsequently amended; to repeal Section 153 of Am.

628

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

629

subsequently amended; to amend Sections 203.30.40,

630

203.30.70, 203.30.80, 203.90.20, 205.10.20,

631

205.30.90, 205.50.70, and 207.10.10 of Sub. S.B.

632

312 of the 129th General Assembly; to amend the

633

versions of sections 109.57, 2151.011, 2923.126,

634

5104.012, 5104.013, 5104.03, 5104.08, and 5104.32

635

of the Revised Code that are scheduled to take

636

effect January 1, 2014, to continue the provisions

637

of this act on and after that effective date; to

638

amend the versions of sections 4501.01 and 4507.06

639

of the Revised Code that are scheduled to take

640

effect January 1, 2017, to continue the provisions

641

of this act on and after that effective date; to

642

amend section 3313.88 of the Revised Code as it

643

results from Section 101.01 of this act for the

644

purpose of adopting new section number 3313.482 on

645

July 1, 2014; to amend the versions of sections

646

3302.20, 3310.08, 3313.981, 3314.091, 3317.01,

647

3317.02, 3317.022, 3317.0217, 3317.03, 3317.16,

648

3317.30, and 5751.21 of the Revised Code that

649

result from Section 101.01 of this act and to

650

amend sections 3310.41, 3311.52, 3317.024,

651

3317.033, 3317.081, 3317.201, 3318.18, 3318.42,

652

3327.05, 3328.32, 3328.33, and 5727.85 and to

653

enact section 3317.034 of the Revised Code on July

654

1, 2014; to amend sections 5111.31 (5165.08),

655

5111.673 (5165.513), 5111.675 (5165.515), and

656

5111.99 (5165.99) of the Revised Code as they

657

result from Section 101.01 of this act on January

658

1, 2015; to make operating appropriations for the

659

biennium beginning July 1, 2013, and ending June

660

30, 2015; to provide authorization and conditions

661

for the operation of state programs; to repeal

662

sections 5168.20, 5168.21, 5168.22, 5168.23,

663

5168.24, 5168.25, 5168.26, 5168.27, and 5168.28 of

664

the Revised Code on October 1, 2015, to terminate

665

the operation of those sections on that date; to

666

repeal sections 5168.01, 5168.02, 5168.03,

667

5168.04, 5168.05, 5168.06, 5168.07, 5168.08,

668

5168.09, 5168.10, 5168.11, 5168.12, 5168.13,

669

5168.99, and 5168.991 of the Revised Code on

670

October 16, 2015, to terminate the operation of

671

those sections on that date; and to repeal section

672

5124.67 of the Revised Code on July 1, 2018, to

673

terminate the operation of that section on that

674

date.

675

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

Section 101.01. That sections 9.03, 9.15, 9.231, 9.239, 9.24,	676
9.833, 9.90, 9.901, 101.39, 101.391, 102.02, 103.144, 103.63,	677
107.033, 107.12, 109.06, 109.36, 109.57, 109.572, 109.71, 109.746,	678
109.77, 109.85, 109.86, 109.90, 109.91, 111.02, 111.15, 111.28,	679
113.02, 113.061, 117.03, 117.10, 117.20, 119.01, 120.06, 121.02,	680
121.03, 121.22, 121.35, 121.37, 121.372, 122.075, 122.083, 122.17,	681
122.171, 122.175, 122.28, 122.30, 122.31, 122.32, 122.33, 122.34,	682
122.35, 122.36, 122.58, 122.657, 122.658, 122.66, 122.67, 122.68,	683
122.69, 122.70, 122.701, 122.76, 122.861, 123.01, 123.10, 123.11,	684
123.201, 123.21, 123.27, 124.11, 124.14, 124.18, 124.30, 124.341,	685
124.381, 124.57, 124.84, 125.05, 125.21, 125.212, 125.28, 125.602,	686
125.603, 125.832, 125.836, 126.07, 126.14, 126.32, 126.35, 126.45,	687
126.46, 126.47, 126.48, 127.14, 127.16, 131.51, 133.01, 133.06,	688
135.22, 135.61, 135.71, 135.80, 135.81, 135.85, 140.01, 140.03,	689
140.05, 145.01, 145.012, 145.037, 145.038, 145.22, 149.01, 149.12,	690
149.311, 149.43, 149.431, 149.54, 151.11, 152.09, 153.692, 154.01,	691
154.17, 154.20, 154.22, 154.23, 154.25, 156.02, 156.03, 156.04,	692
156.05, 166.02, 166.03, 166.04, 166.08, 166.25, 167.03, 169.02,	693
169.05, 169.07, 169.08, 171.05, 173.03, 173.14, 173.17, 173.19,	694
173.20, 173.21, 173.23, 173.25, 173.26, 173.27, 173.28, 173.39,	695
173.391, 173.392, 173.394, 173.40, 173.401, 173.402, 173.403,	696
173.404, 173.42, 173.43, 173.431, 173.432, 173.434, 173.45,	697
173.47, 173.48, 173.50, 173.501, 173.99, 183.16, 183.33, 187.10,	698
191.01, 191.02, 191.04, 191.06, 301.28, 305.23, 307.07, 307.515,	699
307.673, 307.674, 307.696, 307.697, 307.86, 309.09, 317.06,	700
317.08, 317.32, 317.321, 317.36, 319.302, 321.35, 321.44, 323.151,	701
323.152, 323.153, 329.04, 329.051, 329.06, 329.14, 333.01, 333.02,	702
333.03, 333.04, 333.05, 339.02, 339.05, 339.06, 339.07, 340.01,	703
340.011, 340.02, 340.021, 340.03, 340.031, 340.032, 340.04,	704
340.05, 340.07, 340.09, 340.091, 340.10, 340.11, 340.12, 340.13,	705
340.15, 340.16, 341.192, 349.01, 349.04, 351.021, 715.013,	706
715.691, 721.01, 721.03, 731.091, 737.41, 742.14, 755.06, 901.21,	707
901.22, 901.23, 903.11, 903.99, 905.06, 909.15, 924.02, 924.06,	708
927.54, 935.01, 935.03, 935.041, 935.07, 935.12, 955.01, 955.05,	709
955.06, 955.07, 955.08, 955.09, 955.12, 955.14, 955.201, 956.07,	710
956.18, 959.131, 959.132, 959.99, 991.03, 991.04, 991.06,	711
1309.521, 1332.26, 1337.11, 1347.08, 1501.011, 1501.45, 1506.21,	712
1506.30, 1509.01, 1509.02, 1509.062, 1509.10, 1509.11, 1509.22,	713
1509.226, 1509.50, 1511.02, 1511.022, 1531.06, 1531.17, 1545.071,	714
1547.542, 1547.99, 1548.02, 1551.33, 1551.35, 1555.15, 1701.86,	715
1701.922, 1703.29, 1711.07, 1721.10, 1724.02, 1724.03, 1739.061,	716
1751.01, 1751.11, 1751.12, 1751.14, 1751.271, 1751.31, 1751.60,	717
1923.14, 2101.24, 2108.05, 2113.041, 2113.06, 2117.061, 2117.25,	718
2133.01, 2133.25, 2151.011, 2151.3514, 2151.362, 2151.83, 2151.86,	719
2152.54, 2152.59, 2303.201, 2305.234, 2307.65, 2317.02, 2317.422,	720
2317.56, 2505.02, 2743.48, 2744.05, 2901.13, 2901.30, 2903.13,	721
2903.33, 2907.22, 2913.01, 2913.40, 2913.401, 2919.271, 2921.01,	722
2921.22, 2921.36, 2921.38, 2923.125, 2923.126, 2925.03, 2929.13,	723
2929.15, 2929.18, 2930.01, 2935.03, 2935.33, 2945.37, 2945.371,	724
2945.38, 2945.39, 2945.40, 2945.401, 2951.041, 2967.22, 2981.01,	725
2981.12, 2981.13, 3101.051, 3107.083, 3109.15, 3111.04, 3111.72,	726
3119.29, 3119.54, 3121.441, 3121.89, 3121.891, 3121.892, 3121.893,	727
3121.898, 3123.958, 3125.18, 3125.36, 3301.07, 3301.0711,	728
3301.0712, 3301.0714, 3301.0715, 3301.0723, 3301.0725, 3301.15,	729
3301.16, 3302.01, 3302.03, 3302.20, 3302.21, 3302.22, 3303.41,	730
3304.11, 3304.12, 3304.13, 3304.14, 3304.15, 3304.16, 3304.17,	731
3304.18, 3304.181, 3304.182, 3304.19, 3304.20, 3304.21, 3304.22,	732
3304.23, 3304.231, 3304.25, 3304.27, 3304.28, 3304.41, 3305.03,	733
3307.51, 3309.21, 3310.01, 3310.02, 3310.03, 3310.05, 3310.06,	734
3310.08, 3310.14, 3310.52, 3310.522, 3310.56, 3311.0510, 3311.19,	735
3311.22, 3311.231, 3311.38, 3311.78, 3311.83, 3311.86, 3312.08,	736
3313.372, 3313.376, 3313.48, 3313.483, 3313.484, 3313.488,	737
3313.4810, 3313.533, 3313.537, 3313.539, 3313.60, 3313.603,	738
3313.6013, 3313.6016, 3313.612, 3313.615, 3313.62, 3313.64,	739
3313.646, 3313.65, 3313.714, 3313.715, 3313.82, 3313.83, 3313.841,	740
3313.843, 3313.844, 3313.845, 3313.847, 3313.88, 3313.911,	741
3313.976, 3313.978, 3313.98, 3313.981, 3314.015, 3314.017,	742
3314.027, 3314.029, 3314.03, 3314.05, 3314.06, 3314.072, 3314.074,	743
3314.08, 3314.083, 3314.084, 3314.087, 3314.091, 3314.11, 3314.26,	744
3314.35, 3315.07, 3315.33, 3315.40, 3315.42, 3316.041, 3316.06,	745
3317.01, 3317.013, 3317.021, 3317.023, 3317.0212, 3317.03,	746
3317.032, 3317.05, 3317.06, 3317.063, 3317.08, 3317.10, 3317.14,	747
3317.141, 3317.18, 3317.19, 3317.20, 3317.201, 3317.50, 3317.51,	748
3318.011, 3318.031, 3318.08, 3318.31, 3318.36, 3318.363, 3319.07,	749
3319.073, 3319.112, 3319.17, 3319.22, 3319.235, 3319.57, 3319.58,	750
3321.01, 3321.04, 3321.05, 3321.13, 3321.14, 3321.15, 3323.021,	751
3323.03, 3323.04, 3323.07, 3323.08, 3323.09, 3323.091, 3323.13,	752
3323.14, 3323.141, 3323.142, 3326.07, 3326.08, 3326.11, 3326.31,	753
3326.32, 3326.33, 3326.34, 3326.38, 3326.45, 3327.01, 3327.02,	754
3327.10, 3333.041, 3333.73, 3333.81, 3333.82, 3333.84, 3335.35,	755
3335.36, 3335.37, 3335.38, 3345.05, 3345.06, 3345.12, 3353.01,	756
3353.02, 3353.03, 3353.04, 3353.06, 3353.07, 3365.01, 3365.02,	757
3365.021, 3365.07, 3365.12, 3383.01, 3383.07, 3501.01, 3517.01,	758
3517.10, 3517.101, 3517.102, 3517.103, 3517.104, 3517.153,	759
3517.154, 3517.155, 3517.20, 3517.992, 3599.03, 3599.45, 3701.023,	760
3701.024, 3701.027, 3701.041, 3701.13, 3701.243, 3701.261,	761
3701.262, 3701.264, 3701.342, 3701.344, 3701.507, 3701.74,	762
3701.741, 3701.742, 3701.78, 3701.83, 3701.881, 3701.921,	763
3701.922, 3701.99, 3702.30, 3702.51, 3702.521, 3702.55, 3702.62,	764
3702.74, 3702.91, 3704.144, 3706.01, 3707.511, 3709.01, 3709.051,	765
3709.10, 3712.051, 3712.07, 3712.09, 3713.06, 3714.03, 3714.07,	766
3717.08, 3718.06, 3719.61, 3721.01, 3721.011, 3721.02, 3721.022,	767
3721.024, 3721.027, 3721.042, 3721.071, 3721.08, 3721.10, 3721.12,	768
3721.121, 3721.13, 3721.14, 3721.15, 3721.16, 3721.17, 3721.19,	769
3721.50, 3721.51, 3721.511, 3721.512, 3721.513, 3721.52, 3721.53,	770
3721.531, 3721.532, 3721.533, 3721.54, 3721.541, 3721.55, 3721.56,	771
3721.57, 3721.58, 3727.01, 3734.01, 3734.02, 3734.28, 3734.57,	772
3734.901, 3734.907, 3735.58, 3737.02, 3737.83, 3737.841, 3737.88,	773
3737.882, 3742.30, 3742.31, 3742.32, 3742.51, 3745.11, 3745.113,	774
3745.72, 3748.01, 3748.04, 3769.08, 3769.087, 3769.088, 3769.089,	775
3769.10, 3769.26, 3769.28, 3770.02, 3770.06, 3772.062, 3772.24,	776
3781.112, 3793.01, 3793.031, 3793.032, 3793.051, 3793.10, 3793.11,	777
3793.12, 3793.13, 3793.14, 3793.15, 3793.16, 3793.18, 3793.22,	778
3793.31, 3793.32, 3793.33, 3793.34, 3793.35, 3793.36, 3793.37,	779
3793.38, 3793.39, 3795.01, 3798.01, 3798.10, 3798.13, 3798.14,	780
3798.15, 3798.16, 3901.3814, 3903.14, 3905.40, 3905.483, 3905.862,	781
3916.06, 3923.24, 3923.241, 3923.281, 3923.443, 3923.49, 3923.50,	782
3923.601, 3923.83, 3924.41, 3924.42, 3963.01, 3963.04, 4104.33,	783
4112.02, 4112.12, 4112.31, 4115.034, 4115.32, 4117.06, 4117.14,	784
4117.15, 4121.44, 4121.441, 4121.50, 4121.69, 4123.32, 4123.35,	785
4123.41, 4123.57, 4123.93, 4131.03, 4141.162, 4301.01, 4301.10,	786
4301.30, 4301.421, 4301.43, 4301.62, 4303.181, 4303.29, 4305.131,	787
4501.01, 4501.21, 4503.03, 4503.064, 4503.065, 4503.066, 4503.44,	788
4503.62, 4505.02, 4505.09, 4506.07, 4507.06, 4507.51, 4510.038,	789
4510.45, 4511.19, 4511.191, 4511.21, 4511.69, 4511.85, 4513.34,	790
4701.03, 4707.02, 4707.073, 4707.10, 4709.11, 4713.08, 4713.44,	791
4715.22, 4715.36, 4715.372, 4717.03, 4717.06, 4717.07, 4717.10,	792
4717.14, 4717.15, 4719.01, 4723.18, 4723.35, 4723.481, 4725.03,	793
4725.16, 4729.69, 4729.80, 4729.81, 4730.411, 4731.05, 4731.151,	794
4731.22, 4731.23, 4731.65, 4731.71, 4732.06, 4732.07, 4732.08,	795
4734.41, 4735.07, 4735.09, 4735.10, 4735.142, 4735.56, 4742.01,	796
4751.01, 4751.02, 4751.03, 4751.04, 4751.041, 4751.05, 4751.06,	797
4751.07, 4751.08, 4751.10, 4751.11, 4751.12, 4751.13, 4753.071,	798
4755.11, 4755.47, 4755.481, 4755.64, 4758.10, 4758.11, 4761.01,	799
4776.01, 4778.02, 4778.03, 4781.28, 4906.20, 4955.32, 4955.321,	800
4955.34, 4955.44, 4955.47, 4999.04, 5101.01, 5101.11, 5101.141,	801
5101.16, 5101.162, 5101.18, 5101.181, 5101.183, 5101.184, 5101.26,	802
5101.271, 5101.272, 5101.273, 5101.30, 5101.31, 5101.34, 5101.35,	803
5101.36, 5101.46, 5101.461, 5101.47, 5101.49, 5101.50, 5101.501,	804
5101.502, 5101.51, 5101.511, 5101.512, 5101.513, 5101.516,	805
5101.517, 5101.519, 5101.5110, 5101.52, 5101.521, 5101.522,	806
5101.524, 5101.527, 5101.571, 5101.572, 5101.573, 5101.574,	807
5101.575, 5101.58, 5101.59, 5101.591, 5101.60, 5101.61, 5101.80,	808
5101.801, 5101.803, 5103.02, 5103.0323, 5103.13, 5103.42,	809
5104.012, 5104.013, 5104.02, 5104.021, 5104.03, 5104.08, 5104.11,	810
5104.12, 5104.32, 5107.10, 5107.14, 5107.16, 5107.20, 5107.24,	811
5107.26, 5107.42, 5107.64, 5111.01, 5111.011, 5111.013, 5111.016,	812
5111.018, 5111.0112, 5111.0114, 5111.0116, 5111.0117, 5111.0118,	813
5111.0119, 5111.0124, 5111.0125, 5111.02, 5111.021, 5111.022,	814
5111.023, 5111.024, 5111.025, 5111.027, 5111.028, 5111.029,	815
5111.0210, 5111.0211, 5111.0212, 5111.0213, 5111.0214, 5111.0215,	816
5111.03, 5111.031, 5111.032, 5111.033, 5111.034, 5111.035,	817
5111.04, 5111.042, 5111.05, 5111.051, 5111.052, 5111.053,	818
5111.054, 5111.06, 5111.061, 5111.062, 5111.063, 5111.07,	819
5111.071, 5111.08, 5111.081, 5111.082, 5111.083, 5111.084,	820
5111.085, 5111.086, 5111.09, 5111.091, 5111.092, 5111.10,	821
5111.101, 5111.102, 5111.11, 5111.111, 5111.112, 5111.113,	822
5111.114, 5111.12, 5111.121, 5111.13, 5111.14, 5111.141, 5111.15,	823
5111.151, 5111.16, 5111.161, 5111.162, 5111.163, 5111.17,	824
5111.171, 5111.172, 5111.173, 5111.174, 5111.175, 5111.177,	825
5111.178, 5111.179, 5111.1710, 5111.1711, 5111.18, 5111.181,	826
5111.19, 5111.191, 5111.20, 5111.201, 5111.202, 5111.203,	827
5111.204, 5111.21, 5111.212, 5111.22, 5111.221, 5111.222,	828
5111.223, 5111.224, 5111.225, 5111.226, 5111.23, 5111.231,	829
5111.232, 5111.233, 5111.235, 5111.24, 5111.241, 5111.242,	830
5111.244, 5111.245, 5111.246, 5111.25, 5111.251, 5111.254,	831
5111.255, 5111.257, 5111.258, 5111.259, 5111.26, 5111.261,	832
5111.262, 5111.263, 5111.264, 5111.265, 5111.266, 5111.27,	833
5111.271, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31, 5111.32,	834
5111.33, 5111.331, 5111.35, 5111.36, 5111.37, 5111.38, 5111.39,	835
5111.41, 5111.411, 5111.42, 5111.43, 5111.44, 5111.45, 5111.46,	836
5111.47, 5111.48, 5111.49, 5111.50, 5111.51, 5111.511, 5111.52,	837
5111.53, 5111.54, 5111.55, 5111.56, 5111.57, 5111.58, 5111.59,	838
5111.60, 5111.61, 5111.62, 5111.63, 5111.66, 5111.661, 5111.67,	839
5111.671, 5111.672, 5111.673, 5111.674, 5111.675, 5111.676,	840
5111.677, 5111.68, 5111.681, 5111.682, 5111.683, 5111.684,	841
5111.685, 5111.686, 5111.687, 5111.688, 5111.689, 5111.70,	842
5111.701, 5111.702, 5111.703, 5111.704, 5111.705, 5111.707,	843
5111.708, 5111.709, 5111.7011, 5111.71, 5111.711, 5111.712,	844
5111.713, 5111.714, 5111.715, 5111.83, 5111.84, 5111.85, 5111.851,	845
5111.852, 5111.853, 5111.854, 5111.855, 5111.856, 5111.86,	846
5111.861, 5111.862, 5111.863, 5111.864, 5111.865, 5111.87,	847
5111.871, 5111.872, 5111.873, 5111.874, 5111.875, 5111.876,	848
5111.877, 5111.878, 5111.879, 5111.88, 5111.881, 5111.882,	849
5111.885, 5111.886, 5111.887, 5111.888, 5111.889, 5111.8810,	850
5111.89, 5111.891, 5111.892, 5111.894, 5111.90, 5111.91, 5111.911,	851
5111.912, 5111.914, 5111.915, 5111.92, 5111.93, 5111.94, 5111.941,	852
5111.943, 5111.944, 5111.945, 5111.96, 5111.97, 5111.98, 5111.981,	853
5111.982, 5111.99, 5112.01, 5112.03, 5112.04, 5112.05, 5112.06,	854
5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.17, 5112.18,	855
5112.19, 5112.21, 5112.30, 5112.31, 5112.32, 5112.33, 5112.331,	856
5112.34, 5112.341, 5112.35, 5112.37, 5112.371, 5112.38, 5112.39,	857
5112.40, 5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.46,	858
5112.47, 5112.48, 5112.99, 5112.991, 5115.20, 5117.10, 5119.01,	859
5119.012, 5119.02, 5119.04, 5119.06, 5119.061, 5119.07, 5119.071,	860
5119.072, 5119.08, 5119.10, 5119.101, 5119.11, 5119.12, 5119.14,	861
5119.16, 5119.161, 5119.17, 5119.18, 5119.20, 5119.201, 5119.202,	862
5119.21, 5119.22, 5119.221, 5119.23, 5119.24, 5119.27, 5119.30,	863
5119.33, 5119.34, 5119.35, 5119.351, 5119.36, 5119.42, 5119.43,	864
5119.44, 5119.46, 5119.51, 5119.52, 5119.53, 5119.57, 5119.60,	865
5119.61, 5119.611, 5119.612, 5119.613, 5119.62, 5119.621,	866
5119.622, 5119.63, 5119.631, 5119.69, 5119.691, 5119.99, 5120.07,	867
5120.09, 5120.135, 5120.17, 5120.171, 5120.652, 5120.654,	868
5121.051, 5121.30, 5121.32, 5121.33, 5121.34, 5121.35, 5121.36,	869
5121.37, 5121.38, 5121.40, 5121.42, 5121.43, 5121.44, 5121.45,	870
5121.46, 5121.47, 5121.49, 5121.50, 5121.51, 5121.52, 5121.55,	871
5122.01, 5122.03, 5122.10, 5122.11, 5122.12, 5122.13, 5122.15,	872
5122.17, 5122.18, 5122.19, 5122.20, 5122.21, 5122.23, 5122.25,	873
5122.26, 5122.27, 5122.271, 5122.31, 5122.311, 5122.32, 5122.33,	874
5122.34, 5122.341, 5122.39, 5122.43, 5122.44, 5122.45, 5122.46,	875
5122.47, 5123.01, 5123.021, 5123.022, 5123.03, 5123.0412,	876
5123.0417, 5123.09, 5123.171, 5123.19, 5123.192, 5123.197,	877
5123.198, 5123.38, 5123.61, 5123.86, 5126.01, 5126.026, 5126.043,	878
5126.05, 5126.051, 5126.054, 5126.055, 5139.03, 5139.04, 5139.08,	879
5139.34, 5145.162, 5145.18, 5149.22, 5153.16, 5302.221, 5309.082,	880
5309.68, 5309.86, 5501.311, 5501.312, 5501.73, 5502.011, 5505.12,	881
5507.01, 5507.02, 5507.021, 5507.022, 5507.03, 5507.06, 5507.07,	882
5507.08, 5507.09, 5507.12, 5507.15, 5507.18, 5507.22, 5507.25,	883
5507.26, 5507.27, 5507.32, 5507.34, 5507.40, 5507.42, 5507.44,	884
5507.46, 5507.52, 5507.53, 5507.54, 5507.55, 5507.57, 5507.571,	885
5507.60, 5507.63, 5507.99, 5511.03, 5515.08, 5540.03, 5701.13,	886
5703.052, 5703.053, 5703.059, 5703.19, 5703.21, 5703.37, 5703.50,	887
5703.70, 5703.82, 5705.01, 5705.10, 5705.19, 5705.192, 5705.21,	888
5705.217, 5705.218, 5705.221, 5705.25, 5709.17, 5709.40, 5709.73,	889
5709.75, 5709.78, 5725.18, 5725.33, 5725.34, 5726.20, 5726.52,	890
5726.54, 5727.26, 5727.75, 5727.84, 5727.89, 5728.10, 5729.03,	891
5729.04, 5729.16, 5729.17, 5731.39, 5733.01, 5733.06, 5733.11,	892
5733.55, 5733.58, 5733.98, 5735.012, 5735.12, 5735.27, 5735.34,	893
5739.01, 5739.02, 5739.026, 5739.09, 5739.10, 5739.13, 5739.212,	894
5741.01, 5741.02, 5741.03, 5741.17, 5743.01, 5743.024, 5743.081,	895
5743.15, 5743.323, 5743.51, 5743.56, 5743.62, 5743.63, 5745.12,	896
5747.01, 5747.02, 5747.022, 5747.025, 5747.05, 5747.08, 5747.10,	897
5747.11, 5747.113, 5747.122, 5747.13, 5747.21, 5747.22, 5747.47,	898
5747.501, 5747.76, 5747.98, 5748.01, 5749.02, 5749.06, 5749.07,	899
5749.17, 5751.01, 5751.014, 5751.02, 5751.03, 5751.051, 5751.07,	900
5751.081, 5751.09, 5751.20, 5751.21, 5753.03, 5753.07, 5815.28,	901
5902.02, 5905.02, 5910.02, 5910.07, 5919.34, 5924.502, 5924.503,	902
5924.504, 5924.506, 6109.21, and 6111.037 be amended; sections	903
173.394 (173.38), 173.40 (173.52), 173.401 (173.521), 173.402	904
(173.524), 173.403 (173.53), 173.404 (173.55), 3304.14 (3304.15),	905
3304.15 (3304.16), 3304.16 (3304.14), 3304.23 (3335.60), 3304.231	906
(3335.61), 3313.847 (3317.30), 3333.90 (3333.59), 3383.01	907
(123.28), 3383.07 (123.281), 3701.041 (124.88), 3721.50 (5168.40),	908
3721.51 (5168.42), 3721.511 (5168.43), 3721.512 (5168.44),	909
3721.513 (5168.45), 3721.52 (5168.46), 3721.53 (5168.47), 3721.531	910
(5168.48), 3721.532 (5168.49), 3721.533 (5168.50), 3721.54	911
(5168.51), 3721.541 (5168.52), 3721.55 (5168.53), 3721.56	912
(5168.54), 3721.57 (5168.55), 3721.58 (5168.56), 3737.883	913
(3737.884), 3793.01 (5119.01), 3793.031 (5119.201), 3793.032	914
(5119.47), 3793.051 (5119.161), 3793.10 (5119.38), 3793.11	915
(5119.39), 3793.12 (5119.61), 3793.13 (5119.27), 3793.14	916
(5119.26), 3793.15 (5119.17), 3793.16 (5119.188), 3793.18	917
(5119.30), 3793.22 (5119.49), 3793.31 (5119.90), 3793.32	918
(5119.91), 3793.33 (5119.92), 3793.34 (5119.93), 3793.35	919
(5119.94), 3793.36 (5119.95), 3793.37 (5119.96), 3793.38	920
(5119.97), 3793.39 (5119.98), 5101.271 (5160.45), 5101.31	921
(5164.756), 5101.50 (5161.05), 5101.501 (5161.06), 5101.502	922
(5161.02), 5101.51 (5161.10), 5101.511 (5161.11), 5101.5110	923
(5161.35), 5101.512 (5161.12), 5101.513 (5161.30), 5101.516	924
(5161.22), 5101.517 (5161.24), 5101.519 (5161.27), 5101.52	925
(5161.15), 5101.521 (5161.16), 5101.522 (5161.17), 5101.524	926
(5161.20), 5101.527 (5161.25), 5101.571 (5160.35), 5101.572	927
(5160.39), 5101.573 (5160.40), 5101.574 (5160.41), 5101.575	928
(5160.42), 5101.58 (5160.37), 5101.59 (5160.38), 5101.591	929
(5160.43), 5111.01 (5162.03), 5111.011 (5163.02), 5111.013	930
(5163.40), 5111.016 (5164.26), 5111.018 (5164.07), 5111.0112	931
(5162.20), 5111.0114 (5164.754), 5111.0116 (5163.30), 5111.0117	932
(5163.31), 5111.0118 (5163.32), 5111.0119 (5163.45), 5111.0124	933
(5163.10), 5111.0125 (5163.101), 5111.02 (5164.02), 5111.021	934
(5164.70), 5111.022 (5164.56), 5111.023 (5164.15), 5111.024	935
(5164.08), 5111.025 (5164.76), 5111.027 (5164.20), 5111.028	936
(5164.32), 5111.029 (5164.06), 5111.0210 (5164.92), 5111.0211	937
(5165.48), 5111.0212 (5164.80), 5111.0213 (5164.77), 5111.0214	938
(5164.82), 5111.0215 (5164.93), 5111.03 (5164.35), 5111.031	939
(5164.37), 5111.032 (5164.34), 5111.033 (5164.342), 5111.034	940
(5164.341), 5111.035 (5164.36), 5111.04 (5164.05), 5111.042	941
(5164.25), 5111.05 (5164.45), 5111.051 (5164.48), 5111.052	942
(5164.46), 5111.053 (5164.301), 5111.054 (5164.47), 5111.06	943
(5164.38), 5111.061 (5164.57), 5111.062 (5164.39), 5111.063	944
(5164.31), 5111.07 (5164.752), 5111.071 (5164.753), 5111.08	945
(5164.759), 5111.081 (5164.755), 5111.082 (5164.751), 5111.083	946
(5164.757), 5111.084 (5164.7510), 5111.085 (5164.758), 5111.086	947
(5164.75), 5111.09 (5162.13), 5111.091 (5162.131), 5111.092	948
(5162.132), 5111.10 (5162.10), 5111.101 (5162.15), 5111.102	949
(5162.04), 5111.11 (5162.21), 5111.111 (5162.211), 5111.112	950
(5162.212), 5111.113 (5162.22), 5111.114 (5163.33), 5111.12	951
(5162.23), 5111.121 (5162.24), 5111.13 (5164.85), 5111.14	952
(5164.88), 5111.141 (5164.89), 5111.15 (5163.20), 5111.151	953
(5163.21), 5111.16 (5167.03), 5111.161 (5167.031), 5111.162	954
(5167.20), 5111.163 (5167.201), 5111.17 (5167.10), 5111.171	955
(5167.31), 5111.172 (5167.12), 5111.173 (5167.40), 5111.174	956
(5167.41), 5111.175 (5167.26), 5111.177 (5167.11), 5111.178	957
(5167.25), 5111.179 (5167.13), 5111.1710 (5167.14), 5111.1711	958
(5167.30), 5111.18 (5164.86), 5111.181 (5163.22), 5111.19	959
(5164.74), 5111.191 (5164.741), 5111.20 (5165.01), 5111.201	960
(5165.011), 5111.202 (5165.03), 5111.203 (5165.031), 5111.204	961
(5165.04), 5111.21 (5165.06), 5111.212 (5165.35), 5111.22	962
(5165.07), 5111.221 (5165.37), 5111.222 (5165.15), 5111.223	963
(5165.071), 5111.224 (5124.15), 5111.225 (5165.155), 5111.226	964
(5124.02), 5111.23 (5124.19), 5111.231 (5165.19), 5111.232	965
(5165.192), 5111.233 (5124.194), 5111.235 (5124.23), 5111.24	966
(5165.16), 5111.241 (5124.21), 5111.242 (5165.21), 5111.244	967
(5165.25), 5111.245 (5165.26), 5111.246 (5165.23), 5111.25	968
(5165.17), 5111.251 (5124.17), 5111.254 (5165.151), 5111.255	969
(5124.151), 5111.257 (5165.28), 5111.258 (5165.153), 5111.259	970
(5165.156), 5111.26 (5165.10), 5111.261 (5165.107), 5111.262	971
(5165.47), 5111.263 (5124.29), 5111.264 (5165.30), 5111.265	972
(5165.29), 5111.266 (5165.101), 5111.27 (5165.108), 5111.271	973
(5165.1010), 5111.28 (5165.40), 5111.29 (5165.38), 5111.291	974
(5124.154), 5111.30 (5165.073), 5111.31 (5165.08), 5111.32	975
(5165.081), 5111.33 (5124.34), 5111.331 (5165.34), 5111.35	976
(5165.60), 5111.36 (5165.61), 5111.37 (5165.62), 5111.38	977
(5165.63), 5111.39 (5165.64), 5111.40 (5165.65), 5111.41	978
(5165.66), 5111.411 (5165.67), 5111.42 (5165.68), 5111.43	979
(5165.69), 5111.44 (5165.70), 5111.45 (5165.71), 5111.46	980
(5165.72), 5111.47 (5165.73), 5111.48 (5165.74), 5111.49	981
(5165.75), 5111.50 (5165.76), 5111.51 (5165.77), 5111.511	982
(5165.78), 5111.52 (5165.79), 5111.53 (5165.80), 5111.54	983
(5165.81), 5111.55 (5165.82), 5111.56 (5165.83), 5111.57	984
(5165.84), 5111.58 (5165.85), 5111.59 (5165.86), 5111.60	985
(5165.87), 5111.61 (5165.88), 5111.62 (5162.66), 5111.63	986
(5165.89), 5111.66 (5165.50), 5111.661 (5165.501), 5111.67	987
(5165.51), 5111.671 (5165.511), 5111.672 (5165.512), 5111.673	988
(5165.513), 5111.674 (5165.514), 5111.675 (5165.515), 5111.676	989
(5165.516), 5111.677 (5165.517), 5111.68 (5165.52), 5111.681	990
(5165.521), 5111.682 (5165.522), 5111.683 (5165.523), 5111.684	991
(5165.524), 5111.685 (5165.525), 5111.686 (5165.526), 5111.687	992
(5165.527), 5111.688 (5165.528), 5111.689 (5165.53), 5111.70	993
(5163.09), 5111.701 (5163.091), 5111.702 (5163.092), 5111.703	994
(5163.093), 5111.704 (5163.094), 5111.705 (5163.095), 5111.706	995
(5163.096), 5111.707 (5163.097), 5111.708 (5163.098), 5111.709	996
(5163.099), 5111.7011 (5163.0910), 5111.71 (5162.36), 5111.711	997
(5162.361), 5111.712 (5162.362), 5111.713 (5162.363), 5111.714	998
(5162.64), 5111.715 (5162.364), 5111.83 (5162.30), 5111.84	999
(5166.03), 5111.85 (5166.02), 5111.851 (5166.04), 5111.852	1000
(5166.05), 5111.853 (5166.06), 5111.854 (5166.07), 5111.855	1001
(5166.08), 5111.856 (5166.10), 5111.86 (5166.11), 5111.861	1002
(5166.12), 5111.862 (5166.121), 5111.863 (5166.13), 5111.864	1003
(5166.14), 5111.865 (5166.141), 5111.87 (5166.20), 5111.871	1004
(5166.21), 5111.872 (5166.22), 5111.873 (5166.23), 5111.874	1005
(5124.60), 5111.875 (5124.61), 5111.876 (5124.62), 5111.877	1006
(5124.63), 5111.878 (5124.64), 5111.879 (5124.65), 5111.88	1007
(5166.30), 5111.881 (5166.301), 5111.882 (5166.302), 5111.883	1008
(5166.303), 5111.884 (5166.304), 5111.885 (5166.305), 5111.886	1009
(5166.306), 5111.887 (5166.307), 5111.888 (5166.308), 5111.889	1010
(5166.309), 5111.8810 (5166.3010), 5111.89 (173.54), 5111.891	1011
(173.541), 5111.892 (173.544), 5111.893 (173.547), 5111.894	1012
(173.542), 5111.90 (5162.32), 5111.91 (5162.35), 5111.911	1013
(5162.37), 5111.912 (5162.371), 5111.914 (5164.58), 5111.915	1014
(5162.11), 5111.92 (5162.40), 5111.93 (5162.41), 5111.94	1015
(5162.54), 5111.941 (5162.52), 5111.943 (5162.50), 5111.944	1016
(5162.58), 5111.945 (5162.56), 5111.96 (5164.90), 5111.97	1017
(5166.35), 5111.98 (5162.031), 5111.981 (5164.91), 5111.982	1018
(5167.21), 5111.99 (5165.99), 5112.01 (5168.01), 5112.03	1019
(5168.02), 5112.04 (5168.05), 5112.05 (5168.03), 5112.06	1020
(5168.06), 5112.07 (5168.07), 5112.08 (5168.09), 5112.09	1021
(5168.08), 5112.10 (5168.04), 5112.11 (5168.10), 5112.17	1022
(5168.14), 5112.18 (5168.11), 5112.19 (5168.12), 5112.21	1023
(5168.13), 5112.30 (5168.60), 5112.31 (5168.61), 5112.32	1024
(5168.62), 5112.33 (5168.63), 5112.331 (5168.64), 5112.34	1025
(5168.65), 5112.341 (5168.66), 5112.35 (5168.67), 5112.37	1026
(5168.68), 5112.371 (5168.69), 5112.38 (5168.70), 5112.39	1027
(5168.71), 5112.40 (5168.20), 5112.41 (5168.21), 5112.42	1028
(5168.22), 5112.43 (5168.23), 5112.44 (5168.24), 5112.45	1029
(5168.25), 5112.46 (5168.26), 5112.47 (5168.27), 5112.48	1030
(5168.28), 5112.99 (5168.99), 5112.991 (5168.991), 5119.01	1031
(5119.10), 5119.012 (5119.141), 5119.02 (5119.14), 5119.06	1032
(5119.21), 5119.061 (5119.40), 5119.07 (5119.11), 5119.071	1033
(5119.18), 5119.072 (5119.181), 5119.08 (5119.182), 5119.10	1034
(5119.184), 5119.101 (5119.185), 5119.11 (5119.186), 5119.12	1035
(5119.187), 5119.14 (5119.08), 5119.16 (5119.44), 5119.161	1036
(5119.45), 5119.17 (5119.51), 5119.18 (5119.46), 5119.20	1037
(5119.33), 5119.201 (5119.331), 5119.202 (5119.332), 5119.21	1038
(5119.333), 5119.22 (5119.34), 5119.221 (5119.342), 5119.23	1039
(5119.31), 5119.24 (5119.15), 5119.27 (5119.05), 5119.30	1040
(5119.09), 5119.33 (5119.54), 5119.34 (5119.50), 5119.35	1041
(5119.56), 5119.351 (5119.55), 5119.36 (5119.52), 5119.42	1042
(5119.07), 5119.43 (5119.06), 5119.44 (5119.051), 5119.46	1043
(5119.60), 5119.50 (5119.70), 5119.51 (5119.71), 5119.52	1044
(5119.72), 5119.53 (5119.73), 5119.57 (5119.29), 5119.60	1045
(5119.32), 5119.61 (5119.22), 5119.611 (5119.36), 5119.612	1046
(5119.37), 5119.613 (5119.361), 5119.62 (5119.23), 5119.621	1047
(5119.24), 5119.622 (5119.25), 5119.63 (5119.42), 5119.631	1048
(5119.421), 5119.69 (5119.41), 5119.691 (5119.411), 5507.01	1049
(128.01), 5507.02 (128.02), 5507.021 (128.021), 5507.022	1050
(128.022), 5507.03 (128.03), 5507.06 (128.06), 5507.07 (128.07),	1051
5507.08 (128.08), 5507.09 (128.09), 5507.12 (128.12), 5507.15	1052
(128.15), 5507.18 (128.18), 5507.22 (128.22), 5507.25 (128.25),	1053
5507.26 (128.26), 5507.27 (128.27), 5507.32 (128.32), 5507.34	1054
(128.34), 5507.40 (128.40), 5507.42 (128.42), 5507.44 (128.44),	1055
5507.46 (128.46), 5507.52 (128.52), 5507.53 (128.53), 5507.54	1056
(128.54), 5507.55 (128.55), 5507.57 (128.57), 5507.571 (128.571),	1057
5507.60 (128.60), 5507.63 (128.63), and 5507.99 (128.99) be	1058
amended for the purpose of adopting new section numbers as	1059
indicated in parentheses; new sections 3313.481, 3317.014,	1060
3317.02, 3317.022, 3317.0217, 3317.051, 3317.16, 3326.39, 3345.81,	1061
and 3737.883 and sections 1.611, 103.0521, 109.921, 121.483,	1062
122.681, 123.19, 125.27, 125.833, 126.211, 128.45, 128.461,	1063
128.462, 128.47, 149.307, 173.51, 173.522, 173.523, 173.543,	1064
173.545, 173.546, 173.56, 173.60, 311.172, 319.10, 321.49, 340.08,	1065
353.01, 353.02, 353.03, 353.04, 353.05, 353.06, 353.07, 353.08,	1066
353.09, 353.10, 353.11, 353.12, 353.13, 353.14, 353.15, 353.16,	1067
511.261, 517.271, 721.29, 743.50, 903.30, 955.121, 991.041,	1068
1509.074, 1509.16, 1509.227, 1545.23, 1547.532, 2101.026,	1069
2329.192, 2919.19, 2919.191, 2919.192, 2919.193, 2950.012,	1070
3302.26, 3310.032, 3310.035, 3313.5311, 3313.5312, 3313.6018,	1071
3313.6019, 3313.848, 3313.849, 3314.042, 3314.082, 3314.086,	1072
3314.092, 3314.20, 3317.016, 3317.017, 3317.0213, 3317.0214,	1073
3317.161, 3317.25, 3317.40, 3319.031, 3325.13, 3325.14, 3326.112,	1074
3326.40, 3327.07, 3328.27, 3333.0412, 3333.124, 3333.613, 3337.16,	1075
3345.48, 3350.15, 3365.022, 3701.033, 3701.139, 3701.832, 3701.94,	1076
3701.941, 3701.942, 3701.943, 3701.944, 3701.96, 3701.98,	1077
3702.302, 3702.303, 3702.304, 3702.305, 3702.306, 3702.307,	1078
3702.308, 3714.074, 3721.072, 3727.60, 3734.125, 3735.661,	1079
3769.101, 3769.102, 3769.103, 3772.36, 4123.322, 4503.524,	1080
4503.526, 4503.732, 4503.95, 4503.96, 4713.641, 4731.299,	1081
4751.042, 4751.14, 4783.01, 4783.02, 4783.03, 4783.04, 4783.05,	1082
4783.09, 4783.10, 4783.11, 4783.12, 4783.13, 4783.99, 4906.201,	1083
4909.157, 4955.322, 5101.101, 5101.804, 5103.05, 5119.28,	1084
5119.341, 5123.023, 5124.01, 5124.03, 5124.05, 5124.06, 5124.07,	1085
5124.071, 5124.072, 5124.08, 5124.081, 5124.10, 5124.101,	1086
5124.102, 5124.103, 5124.104, 5124.105, 5124.106, 5124.107,	1087
5124.108, 5124.109, 5124.152, 5124.153, 5124.191, 5124.192,	1088
5124.193, 5124.25, 5124.28, 5124.30, 5124.31, 5124.32, 5124.33,	1089
5124.35, 5124.37, 5124.38, 5124.40, 5124.41, 5124.42, 5124.43,	1090
5124.44, 5124.45, 5124.46, 5124.50, 5124.51, 5124.511, 5124.512,	1091
5124.513, 5124.514, 5124.515, 5124.516, 5124.517, 5124.52,	1092
5124.521, 5124.522, 5124.523, 5124.524, 5124.525, 5124.526,	1093
5124.527, 5124.528, 5124.53, 5124.67, 5124.99, 5126.131, 5160.01,	1094
5160.011, 5160.02, 5160.021, 5160.03, 5160.04, 5160.05, 5160.051,	1095
5160.052, 5160.06, 5160.10, 5160.11, 5160.12, 5160.13, 5160.16,	1096
5160.20, 5160.21, 5160.22, 5160.23, 5160.30, 5160.31, 5160.371,	1097
5160.46, 5160.47, 5160.48, 5160.481, 5160.50, 5160.52, 5160.99,	1098
5161.01, 5162.01, 5162.02, 5162.021, 5162.022, 5162.05, 5162.06,	1099
5162.07, 5162.12, 5162.31, 5162.60, 5162.62, 5163.01, 5163.03,	1100
5163.04, 5163.05, 5163.06, 5163.061, 5163.07, 5163.08, 5164.01,	1101
5164.03, 5164.30, 5164.33, 5164.55, 5164.59, 5164.60, 5164.61,	1102
5164.71, 5164.72, 5164.73, 5164.78, 5164.881, 5164.911, 5165.02,	1103
5165.072, 5165.082, 5165.102, 5165.103, 5165.104, 5165.105,	1104
5165.106, 5165.109, 5165.152, 5165.154, 5165.191, 5165.193,	1105
5165.32, 5165.33, 5165.41, 5165.42, 5165.43, 5165.44, 5165.45,	1106
5165.46, 5165.49, 5165.771, 5166.01, 5166.16, 5167.01, 5167.02,	1107
5168.41, 5540.18, 5703.75, 5703.76, 5703.90, 5703.91, 5703.92,	1108
5703.93, 5705.55, 5735.013, 5736.01, 5736.02, 5736.03, 5736.04,	1109
5736.05, 5736.06, 5736.07, 5736.08, 5736.081, 5736.09, 5736.10,	1110
5736.11, 5736.12, 5736.13, 5736.14, 5736.99, 5741.032, 5747.71,	1111
5910.08, and 5919.342 of the Revised Code be enacted to read as	1112
follows:	1113

Sec. 1.611. As used in the Revised Code, "OSU extension"	1114
means the cooperative extension service that was established by	1115
the "Smith-Lever Act," 38 Stat. 372 (1914), 7 U.S.C. 341 et seq.,	1116
and is administered in this state by the Ohio state university.	1117

Sec. 9.03. (A) As used in this section:

1118

(1) "Political subdivision" means any body corporate and	1119
politic, except a municipal corporation that has adopted a charter	1120
under Section 7 of Article XVIII, Ohio Constitution, and except a	1121
county that has adopted a charter under Sections 3 and 4 of	1122
Article X, Ohio Constitution, to which both of the following	1123
apply:	1124

(a) It is responsible for governmental activities only in a	1125
geographic area smaller than the state.	1126

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

1127

(2) "Cigarettes" and "tobacco product" have the same meanings	1128
as in section 5743.01 of the Revised Code.	1129

(3) "Transaction" has the same meaning as in section 1315.51	1130
of the Revised Code.	1131

(4) "Campaign committee," "campaign fund," "candidate,"	1132
"legislative campaign fund," "political action committee,"	1133
"political committee," "political party," and "separate segregated	1134
fund" have the same meanings as in section 3517.01 of the Revised	1135
Code.	1136

(B) Except as otherwise provided in division (C) of this	1137
section, the governing body of a political subdivision may use	1138
public funds to publish and distribute newsletters, or to use any	1139
other means, to communicate information about the plans, policies,	1140
and operations of the political subdivision to members of the	1141
public within the political subdivision and to other persons who	1142
may be affected by the political subdivision.	1143

(C) Except as otherwise provided in division (A)(7) of	1144
section 340.03 ~~or division (A)(12) of section 340.033~~ of the	1145
Revised Code, no governing body of a political subdivision shall	1146
use public funds to do any of the following:	1147

(1) Publish, distribute, or otherwise communicate information	1148
that does any of the following:	1149

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

1150

(b) Promotes alcoholic beverages, cigarettes or other tobacco	1151
products, or any illegal product, service, or activity;	1152

(c) Promotes illegal discrimination on the basis of race,	1153
color, religion, national origin, handicap, age, or ancestry;	1154

(d) Supports or opposes any labor organization or any action	1155
by, on behalf of, or against any labor organization;	1156

(e) Supports or opposes the nomination or election of a	1157
candidate for public office, the investigation, prosecution, or	1158
recall of a public official, or the passage of a levy or bond	1159
issue.	1160

(2) Compensate any employee of the political subdivision for	1161
time spent on any activity to influence the outcome of an election	1162
for any of the purposes described in division (C)(1)(e) of this	1163
section. Division (C)(2) of this section does not prohibit the use	1164
of public funds to compensate an employee of a political	1165
subdivision for attending a public meeting to present information	1166
about the political subdivision's finances, activities, and	1167
governmental actions in a manner that is not designed to influence	1168
the outcome of an election or the passage of a levy or bond issue,	1169
even though the election, levy, or bond issue is discussed or	1170
debated at the meeting.	1171

(D) Except as otherwise provided in division (A)(7) of	1172
section 340.03 ~~or division (A)(12) of section 340.033~~ of the	1173
Revised Code or in division (E) of this section, no person shall	1174
knowingly conduct a direct or indirect transaction of public funds	1175
to the benefit of any of the following:	1176

(1) A campaign committee;

1177

(2) A political action committee;

1178

(3) A legislative campaign fund;

1179

(4) A political party;

1180

(5) A campaign fund;

1181

(6) A political committee;

1182

(7) A separate segregated fund;

1183

(8) A candidate.

1184

(E) Division (D) of this section does not prohibit the	1185
utilization of any person's own time to speak in support of or in	1186
opposition to any candidate, recall, referendum, levy, or bond	1187
issue unless prohibited by any other section of the Revised Code.	1188

(F) Nothing in this section prohibits or restricts any	1189
political subdivision from sponsoring, participating in, or doing	1190
any of the following:	1191

(1) Charitable or public service advertising that is not	1192
commercial in nature;	1193

(2) Advertising of exhibitions, performances, programs,	1194
products, or services that are provided by employees of a	1195
political subdivision or are provided at or through premises owned	1196
or operated by a political subdivision;	1197

(3) Licensing an interest in a name or mark that is owned or	1198
controlled by the political subdivision.	1199

(G) Whoever violates division (D) of this section shall be	1200
punished as provided in section 3599.40 of the Revised Code.	1201

Sec. 9.15. When the body of a dead person is found in a	1202
township or municipal corporation, and such person was not an	1203
inmate of a correctional, benevolent, or charitable institution of	1204
this state, and the body is not claimed by any person for private	1205
interment or cremation at the person's own expense, or delivered	1206
for the purpose of medical or surgical study or dissection in	1207
accordance with section 1713.34 of the Revised Code, it shall be	1208
disposed of as follows:	1209

(A) If the person was a legal resident of the county, the	1210
proper officers of the township or municipal corporation in which	1211
the person's body was found shall cause it to be buried or	1212
cremated at the expense of the township or municipal corporation	1213
in which the person had a legal residence at the time of death.	1214

(B) If the person had a legal residence in any other county	1215
of the state at the time of death, the superintendent of the	1216
county home of the county in which such body was found shall cause	1217
it to be buried or cremated at the expense of the township or	1218
municipal corporation in which the person had a legal residence at	1219
the time of death.	1220

(C) If the person was an inmate of a correctional institution	1221
of the county or a patient or resident of a benevolent institution	1222
of the county, the person had no legal residence in the state, or	1223
the person's legal residence is unknown, the superintendent shall	1224
cause the person to be buried or cremated at the expense of the	1225
county.	1226

Such officials shall provide, at the grave of the person or,	1227
if the person's cremated remains are buried, at the grave of the	1228
person's cremated remains, a metal, stone, or concrete marker on	1229
which the person's name and age, if known, and date of death shall	1230
be inscribed.	1231

A political subdivision is not relieved of its duty to bury	1232
or cremate a person at its expense under this section when the	1233
body is claimed by an indigent person. As used in this section,	1234
"indigent person" means a person whose income does not exceed one	1235
hundred fifty per cent of the federal poverty line, as revised	1236
annually by the United States department of health and human	1237
services in accordance with section 673(2) of the "Omnibus Budget	1238
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	1239
amended, for a family size equal to the size of the person's	1240
family.	1241

Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of	1242
this section, a governmental entity shall not disburse money	1243
totaling twenty-five thousand dollars or more to any person for	1244
the provision of services for the primary benefit of individuals	1245
or the public and not for the primary benefit of a governmental	1246
entity or the employees of a governmental entity, unless the	1247
contracting authority of the governmental entity first enters into	1248
a written contract with the person that is signed by the person or	1249
by an officer or agent of the person authorized to legally bind	1250
the person and that embodies all of the requirements and	1251
conditions set forth in sections 9.23 to 9.236 of the Revised	1252
Code. If the disbursement of money occurs over the course of a	1253
governmental entity's fiscal year, rather than in a lump sum, the	1254
contracting authority of the governmental entity shall enter into	1255
the written contract with the person at the point during the	1256
governmental entity's fiscal year that at least seventy-five	1257
thousand dollars has been disbursed by the governmental entity to	1258
the person. Thereafter, the contracting authority of the	1259
governmental entity shall enter into the written contract with the	1260
person at the beginning of the governmental entity's fiscal year,	1261
if, during the immediately preceding fiscal year, the governmental	1262
entity disbursed to that person an aggregate amount totaling at	1263
least seventy-five thousand dollars.	1264

(2) If the money referred to in division (A)(1) of this	1265
section is disbursed by or through more than one state agency to	1266
the person for the provision of services to the same population,	1267
the contracting authorities of those agencies shall determine	1268
which one of them will enter into the written contract with the	1269
person.	1270

(3) The requirements and conditions set forth in divisions	1271
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2)	1272
and (B) of section 9.234, divisions (A)(2) and (B) of section	1273
9.235, and sections 9.233 and 9.236 of the Revised Code do not	1274
apply with respect to the following:	1275

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

1276

(i) The amount received for the services is a set fee for	1277
each time the services are provided, is determined in accordance	1278
with a fixed rate per unit of time or per service, or is a	1279
capitated rate, and the fee or rate is established by competitive	1280
bidding or by a market rate survey of similar services provided in	1281
a defined market area. The market rate survey may be one conducted	1282
by or on behalf of the governmental entity or an independent	1283
survey accepted by the governmental entity as statistically valid	1284
and reliable.	1285

(ii) The services are provided in accordance with standards	1286
established by state or federal law, or by rules or regulations	1287
adopted thereunder, for their delivery, which standards are	1288
enforced by the federal government, a governmental entity, or an	1289
accrediting organization recognized by the federal government or a	1290
governmental entity.	1291

(iii) Payment for the services is made after the services are	1292
delivered and upon submission to the governmental entity of an	1293
invoice or other claim for payment as required by any applicable	1294
local, state, or federal law or, if no such law applies, by the	1295
terms of the contract.	1296

(b) Contracts under which the services are reimbursed through	1297
or in a manner consistent with a federal program that meets all of	1298
the following requirements:	1299

(i) The program calculates the reimbursement rate on the	1300
basis of the previous year's experience or in accordance with an	1301
alternative method set forth in rules adopted by the Ohio	1302
department of job and family services.	1303

(ii) The reimbursement rate is derived from a breakdown of	1304
direct and indirect costs.	1305

(iii) The program's guidelines describe types of expenditures	1306
that are allowable and not allowable under the program and	1307
delineate which costs are acceptable as direct costs for purposes	1308
of calculating the reimbursement rate.	1309

(iv) The program includes a uniform cost reporting system	1310
with specific audit requirements.	1311

(c) Contracts under which the services are reimbursed through	1312
or in a manner consistent with a federal program that calculates	1313
the reimbursement rate on a fee for service basis in compliance	1314
with United States office of management and budget Circular A-87,	1315
as revised May 10, 2004.	1316

(d) Contracts for services that are paid pursuant to the	1317
earmarking of an appropriation made by the general assembly for	1318
that purpose.	1319

(B) Division (A) of this section does not apply if the money	1320
is disbursed to a person pursuant to a contract with the United	1321
States or a governmental entity under any of the following	1322
circumstances:	1323

(1) The person receives the money directly or indirectly from	1324
the United States, and no governmental entity exercises any	1325
oversight or control over the use of the money.	1326

(2) The person receives the money solely in return for the	1327
performance of one or more of the following types of services:	1328

(a) Medical, therapeutic, or other health-related services	1329
provided by a person if the amount received is a set fee for each	1330
time the person provides the services, is determined in accordance	1331
with a fixed rate per unit of time, or is a capitated rate, and	1332
the fee or rate is reasonable and customary in the person's trade	1333
or profession;	1334

(b) Medicaid-funded services, including administrative and	1335
management services, provided pursuant to a contract or medicaid	1336
provider agreement that meets the requirements of the medicaid	1337
program ~~established under Chapter 5111. of the Revised Code~~.	1338

(c) Services, other than administrative or management	1339
services or any of the services described in division (B)(2)(a) or	1340
(b) of this section, that are commonly purchased by the public at	1341
an hourly rate or at a set fee for each time the services are	1342
provided, unless the services are performed for the benefit of	1343
children, persons who are eligible for the services by reason of	1344
advanced age, medical condition, or financial need, or persons who	1345
are confined in a detention facility as defined in section 2921.01	1346
of the Revised Code, and the services are intended to help promote	1347
the health, safety, or welfare of those children or persons;	1348

(d) Educational services provided by a school to children	1349
eligible to attend that school. For purposes of division (B)(2)(d)	1350
of this section, "school" means any school operated by a school	1351
district board of education, any community school established	1352
under Chapter 3314. of the Revised Code, or any nonpublic school	1353
for which the state board of education prescribes minimum	1354
education standards under section 3301.07 of the Revised Code.	1355

(e) Services provided by a foster home as defined in section	1356
5103.02 of the Revised Code;	1357

(f) "Routine business services other than administrative or	1358
management services," as that term is defined by the attorney	1359
general by rule adopted in accordance with Chapter 119. of the	1360
Revised Code;	1361

(g) Services to protect the environment or promote	1362
environmental education that are provided by a nonprofit entity or	1363
services to protect the environment that are funded with federal	1364
grants or revolving loan funds and administered in accordance with	1365
federal law.	1366

(3) The person receives the money solely in return for the	1367
performance of services intended to help preserve public health or	1368
safety under circumstances requiring immediate action as a result	1369
of a natural or man-made emergency.	1370

(C) With respect to an unincorporated nonprofit association,	1371
corporation, or organization established for the purpose of	1372
providing educational, technical, consulting, training, financial,	1373
or other services to its members in exchange for membership dues	1374
and other fees, any of the services provided to a member that is a	1375
governmental entity shall, for purposes of this section, be	1376
considered services "for the primary benefit of a governmental	1377
entity or the employees of a governmental entity."	1378

Sec. 9.239. (A) There is hereby created the government	1379
contracting advisory council. The attorney general and auditor of	1380
state shall consult with the council on the performance of their	1381
rule-making functions under sections 9.237 and 9.238 of the	1382
Revised Code and shall consider any recommendations of the	1383
council. The medicaid director ~~of job and family services~~ shall	1384
annually report to the council the cost methodology of the	1385
medicaid-funded services described in division (A)(3)(d) of	1386
section 9.231 of the Revised Code. The council shall consist of	1387
the following members or their designees:	1388

(1) The attorney general;

1389

(2) The auditor of state;

1390

(3) The director of administrative services;

1391

(4) The director of aging;

1392

(5) ~~The director of alcohol and drug addiction services~~The	1393
medicaid director;	1394

(6) The director of budget and management;

1395

(7) The director of development services;

1396

(8) The director of job and family services;

1397

(9) The director of ~~mental health~~mental health and addiction	1398
services;	1399

(10) The director of developmental disabilities;

1400

(11) The director of rehabilitation and correction;

1401

(12) The administrator of workers' compensation;

1402

(13) The executive director of the county commissioners'	1403
association of Ohio;	1404

(14) The president of the Ohio grantmakers forum;

1405

(15) The president of the Ohio chamber of commerce;

1406

(16) The president of the Ohio state bar association;

1407

(17) The president of the Ohio society of certified public	1408
accountants;	1409

(18) The executive director of the Ohio association of	1410
nonprofit organizations;	1411

(19) The president of the Ohio united way;

1412

(20) One additional member appointed by the attorney general;

1413

(21) One additional member appointed by the auditor of state.

1414

(B) If an agency or organization represented on the council	1415
ceases to exist in the form it has on September 29, 2005, the	1416
successor agency or organization shall be represented in its	1417
place. If there is no successor agency or organization, or if it	1418
is not clear what agency or organization is the successor, the	1419
attorney general shall designate an agency or organization to be	1420
represented in place of the agency or organization originally	1421
represented on the council.	1422

(C) The two members appointed to the council shall serve	1423
three-year terms. Original appointments shall be made not later	1424
than sixty days after September 29, 2005. Vacancies on the council	1425
shall be filled in the same manner as the original appointment.	1426

(D) The attorney general or the attorney general's designee	1427
shall be the chairperson of the council. The council shall meet at	1428
least once every two years to review the rules adopted under	1429
sections 9.237 and 9.238 of the Revised Code and to make	1430
recommendations to the attorney general and auditor of state	1431
regarding the adoption, amendment, or repeal of those rules. The	1432
council shall also meet at other times as requested by the	1433
attorney general or auditor of state.	1434

(E) Members of the council shall serve without compensation	1435
or reimbursement.	1436

(F) The office of the attorney general shall provide	1437
necessary staff, facilities, supplies, and services to the	1438
council.	1439

(G) Sections 101.82 to 101.87 of the Revised Code do not	1440
apply to the council.	1441

Sec. 9.24. (A) Except as may be allowed under division (F) of	1442
this section, no state agency and no political subdivision shall	1443
award a contract as described in division (G)(1) of this section	1444
for goods, services, or construction, paid for in whole or in part	1445
with state funds, to a person against whom a finding for recovery	1446
has been issued by the auditor of state on and after January 1,	1447
2001, if the finding for recovery is unresolved.	1448

A contract is considered to be awarded when it is entered	1449
into or executed, irrespective of whether the parties to the	1450
contract have exchanged any money.	1451

(B) For purposes of this section, a finding for recovery is	1452
unresolved unless one of the following criteria applies:	1453

(1) The money identified in the finding for recovery is paid	1454
in full to the state agency or political subdivision to whom the	1455
money was owed;	1456

(2) The debtor has entered into a repayment plan that is	1457
approved by the attorney general and the state agency or political	1458
subdivision to whom the money identified in the finding for	1459
recovery is owed. A repayment plan may include a provision	1460
permitting a state agency or political subdivision to withhold	1461
payment to a debtor for goods, services, or construction provided	1462
to or for the state agency or political subdivision pursuant to a	1463
contract that is entered into with the debtor after the date the	1464
finding for recovery was issued.	1465

(3) The attorney general waives a repayment plan described in	1466
division (B)(2) of this section for good cause;	1467

(4) The debtor and state agency or political subdivision to	1468
whom the money identified in the finding for recovery is owed have	1469
agreed to a payment plan established through an enforceable	1470
settlement agreement.	1471

(5) The state agency or political subdivision desiring to	1472
enter into a contract with a debtor certifies, and the attorney	1473
general concurs, that all of the following are true:	1474

(a) Essential services the state agency or political	1475
subdivision is seeking to obtain from the debtor cannot be	1476
provided by any other person besides the debtor;	1477

(b) Awarding a contract to the debtor for the essential	1478
services described in division (B)(5)(a) of this section is in the	1479
best interest of the state;	1480

(c) Good faith efforts have been made to collect the money	1481
identified in the finding of recovery.	1482

(6) The debtor has commenced an action to contest the finding	1483
for recovery and a final determination on the action has not yet	1484
been reached.	1485

(C) The attorney general shall submit an initial report to	1486
the auditor of state, not later than December 1, 2003, indicating	1487
the status of collection for all findings for recovery issued by	1488
the auditor of state for calendar years 2001, 2002, and 2003.	1489
Beginning on January 1, 2004, the attorney general shall submit to	1490
the auditor of state, on the first day of every January, April,	1491
July, and October, a list of all findings for recovery that have	1492
been resolved in accordance with division (B) of this section	1493
during the calendar quarter preceding the submission of the list	1494
and a description of the means of resolution. The attorney general	1495
shall notify the auditor of state when a judgment is issued	1496
against an entity described in division (F)(1) of this section.	1497

(D) The auditor of state shall maintain a database,	1498
accessible to the public, listing persons against whom an	1499
unresolved finding for recovery has been issued, and the amount of	1500
the money identified in the unresolved finding for recovery. The	1501
auditor of state shall have this database operational on or before	1502
January 1, 2004. The initial database shall contain the	1503
information required under this division for calendar years 2001,	1504
2002, and 2003.	1505

Beginning January 15, 2004, the auditor of state shall update	1506
the database by the fifteenth day of every January, April, July,	1507
and October to reflect resolved findings for recovery that are	1508
reported to the auditor of state by the attorney general on the	1509
first day of the same month pursuant to division (C) of this	1510
section.	1511

(E) Before awarding a contract as described in division	1512
(G)(1) of this section for goods, services, or construction, paid	1513
for in whole or in part with state funds, a state agency or	1514
political subdivision shall verify that the person to whom the	1515
state agency or political subdivision plans to award the contract	1516
has no unresolved finding for recovery issued against the person.	1517
A state agency or political subdivision shall verify that the	1518
person does not appear in the database described in division (D)	1519
of this section or shall obtain other proof that the person has no	1520
unresolved finding for recovery issued against the person.	1521

(F) The prohibition of division (A) of this section and the	1522
requirement of division (E) of this section do not apply with	1523
respect to the companies, payments, or agreements described in	1524
divisions (F)(1) and (2) of this section, or in the circumstance	1525
described in division (F)(3) of this section.	1526

(1) A bonding company or a company authorized to transact the	1527
business of insurance in this state, a self-insurance pool, joint	1528
self-insurance pool, risk management program, or joint risk	1529
management program, unless a court has entered a final judgment	1530
against the company and the company has not yet satisfied the	1531
final judgment.	1532

(2) To medicaid provider agreements under ~~Chapter 5111. of~~	1533
the ~~Revised Code~~medicaid program.	1534

(3) When federal law dictates that a specified entity provide	1535
the goods, services, or construction for which a contract is being	1536
awarded, regardless of whether that entity would otherwise be	1537
prohibited from entering into the contract pursuant to this	1538
section.	1539

(G)(1) This section applies only to contracts for goods,	1540
services, or construction that satisfy the criteria in either	1541
division (G)(1)(a) or (b) of this section. This section may apply	1542
to contracts for goods, services, or construction that satisfy the	1543
criteria in division (G)(1)(c) of this section, provided that the	1544
contracts also satisfy the criteria in either division (G)(1)(a)	1545
or (b) of this section.	1546

(a) The cost for the goods, services, or construction	1547
provided under the contract is estimated to exceed twenty-five	1548
thousand dollars.	1549

(b) The aggregate cost for the goods, services, or	1550
construction provided under multiple contracts entered into by the	1551
particular state agency and a single person or the particular	1552
political subdivision and a single person within the fiscal year	1553
preceding the fiscal year within which a contract is being entered	1554
into by that same state agency and the same single person or the	1555
same political subdivision and the same single person, exceeded	1556
fifty thousand dollars.	1557

(c) The contract is a renewal of a contract previously	1558
entered into and renewed pursuant to that preceding contract.	1559

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

1560

(H) As used in this section:

1561

(1) "State agency" has the same meaning as in section 9.66 of	1562
the Revised Code.	1563

(2) "Political subdivision" means a political subdivision as	1564
defined in section 9.82 of the Revised Code that has received more	1565
than fifty thousand dollars of state money in the current fiscal	1566
year or the preceding fiscal year.	1567

(3) "Finding for recovery" means a determination issued by	1568
the auditor of state, contained in a report the auditor of state	1569
gives to the attorney general pursuant to section 117.28 of the	1570
Revised Code, that public money has been illegally expended,	1571
public money has been collected but not been accounted for, public	1572
money is due but has not been collected, or public property has	1573
been converted or misappropriated.	1574

(4) "Debtor" means a person against whom a finding for	1575
recovery has been issued.	1576

(5) "Person" means the person named in the finding for	1577
recovery.	1578

(6) "State money" does not include funds the state receives	1579
from another source and passes through to a political subdivision.	1580

Sec. 9.833. (A) As used in this section, "political	1581
subdivision" has the meaning defined in sections 2744.01 and	1582
3905.36 of the Revised Code. For purposes of this section,	1583
"political subdivision" includes municipal corporations as defined	1584
in section 5705.01 of the Revised Code.	1585

(B) Political subdivisions that provide health care benefits	1586
for their officers or employees may do any of the following:	1587

(1) Establish and maintain an individual self-insurance	1588
program with public moneys to provide authorized health care	1589
benefits, including but not limited to, health care, prescription	1590
drugs, dental care, and vision care, in accordance with division	1591
(C) of this section;	1592

(2) Establish and maintain a health savings account program	1593
whereby employees or officers may establish and maintain health	1594
savings accounts in accordance with section 223 of the Internal	1595
Revenue Code. Public moneys may be used to pay for or fund	1596
federally qualified high deductible health plans that are linked	1597
to health savings accounts or to make contributions to health	1598
savings accounts. A health savings account program may be a part	1599
of a self-insurance program.	1600

(3) After establishing an individual self-insurance program,	1601
agree with other political subdivisions that have established	1602
individual self-insurance programs for health care benefits, that	1603
their programs will be jointly administered in a manner specified	1604
in the agreement;	1605

(4) Pursuant to a written agreement and in accordance with	1606
division (C) of this section, join in any combination with other	1607
political subdivisions to establish and maintain a joint	1608
self-insurance program to provide health care benefits;	1609

(5) Pursuant to a written agreement, join in any combination	1610
with other political subdivisions to procure or contract for	1611
policies, contracts, or plans of insurance to provide health care	1612
benefits, which may include a health savings account program for	1613
their officers and employees subject to the agreement;	1614

(6) Use in any combination any of the policies, contracts,	1615
plans, or programs authorized under this division.	1616

(7) Any agreement made under division (B)(3), (4), (5), or	1617
(6) of this section shall be in writing, comply with division (C)	1618
of this section, and contain best practices established in	1619
consultation with and approved by the department of administrative	1620
services. The best practices may be reviewed and amended at the	1621
discretion of the political subdivisions in consultation with the	1622
department. Detailed information regarding the best practices	1623
shall be made available to any employee upon that employee's	1624
request.	1625

(8) Purchase plans ~~approved~~containing best practices	1626
established by the department of administrative services under	1627
section 9.901 of the Revised Code.	1628

(C) Except as otherwise provided in division (E) of this	1629
section, the following apply to individual or joint self-insurance	1630
programs established pursuant to this section:	1631

(1) Such funds shall be reserved as are necessary, in the	1632
exercise of sound and prudent actuarial judgment, to cover	1633
potential cost of health care benefits for the officers and	1634
employees of the political subdivision. A certified audited	1635
financial statement and a report of aggregate amounts so reserved	1636
and aggregate disbursements made from such funds, together with a	1637
written report of a member of the American academy of actuaries	1638
certifying whether the amounts reserved conform to the	1639
requirements of this division, are computed in accordance with	1640
accepted loss reserving standards, and are fairly stated in	1641
accordance with sound loss reserving principles, shall be prepared	1642
and maintained, within ninety days after the last day of the	1643
fiscal year of the entity for which the report is provided for	1644
that fiscal year, in the office of the program administrator	1645
described in division (C)(3) of this section.	1646

The report required by division (C)(1) of this section shall	1647
include, but not be limited to, the aggregate of disbursements	1648
made for the administration of the program, including claims paid,	1649
costs of the legal representation of political subdivisions and	1650
employees, and fees paid to consultants.	1651

The program administrator described in division (C)(3) of	1652
this section shall make the report required by this division	1653
available for inspection by any person at all reasonable times	1654
during regular business hours, and, upon the request of such	1655
person, shall make copies of the report available at cost within a	1656
reasonable period of time. The program administrator shall further	1657
provide the report to the auditor of state under Chapter 117. of	1658
the Revised Code. The report required by this division is in lieu	1659
of the records required by division (A) of section 149.431 of the	1660
Revised Code.	1661

(2) Each political subdivision shall reserve funds necessary	1662
for an individual or joint self-insurance program in a special	1663
fund that may be established for political subdivisions other than	1664
an agency or instrumentality pursuant to an ordinance or	1665
resolution of the political subdivision and not subject to section	1666
5705.12 of the Revised Code. An agency or instrumentality shall	1667
reserve the funds necessary for an individual or joint	1668
self-insurance program in a special fund established pursuant to a	1669
resolution duly adopted by the agency's or instrumentality's	1670
governing board. The political subdivision may allocate the costs	1671
of insurance or any self-insurance program, or both, among the	1672
funds or accounts established under this division on the basis of	1673
relative exposure and loss experience.	1674

(3) A contract may be awarded, without the necessity of	1675
competitive bidding, to any person, political subdivision,	1676
nonprofit corporation organized under Chapter 1702. of the Revised	1677
Code, or regional council of governments created under Chapter	1678
167. of the Revised Code for purposes of administration of an	1679
individual or joint self-insurance program. No such contract shall	1680
be entered into without full, prior, public disclosure of all	1681
terms and conditions. The disclosure shall include, at a minimum,	1682
a statement listing all representations made in connection with	1683
any possible savings and losses resulting from the contract, and	1684
potential liability of any political subdivision or employee. The	1685
proposed contract and statement shall be disclosed and presented	1686
at a meeting of the political subdivision not less than one week	1687
prior to the meeting at which the political subdivision authorizes	1688
the contract.	1689

A contract awarded to a nonprofit corporation or a regional	1690
council of governments under this division may provide that all	1691
employees of the nonprofit corporation or regional council of	1692
governments, the employees of all entities related to the	1693
nonprofit corporation or regional council of governments, and the	1694
employees of other nonprofit corporations that have fifty or fewer	1695
employees and have been organized for the primary purpose of	1696
representing the interests of political subdivisions, may be	1697
covered by the individual or joint self-insurance program under	1698
the terms and conditions set forth in the contract.	1699

(4) The individual or joint self-insurance program shall	1700
include a contract with a certified public accountant and a member	1701
of the American academy of actuaries for the preparation of the	1702
written evaluations required under division (C)(1) of this	1703
section.	1704

(5) A joint self-insurance program may allocate the costs of	1705
funding the program among the funds or accounts established under	1706
this division to the participating political subdivisions on the	1707
basis of their relative exposure and loss experience.	1708

(6) An individual self-insurance program may allocate the	1709
costs of funding the program among the funds or accounts	1710
established under this division to the political subdivision that	1711
established the program.	1712

(7) Two or more political subdivisions may also authorize the	1713
establishment and maintenance of a joint health care cost	1714
containment program, including, but not limited to, the employment	1715
of risk managers, health care cost containment specialists, and	1716
consultants, for the purpose of preventing and reducing health	1717
care costs covered by insurance, individual self-insurance, or	1718
joint self-insurance programs.	1719

(8) A political subdivision is not liable under a joint	1720
self-insurance program for any amount in excess of amounts payable	1721
pursuant to the written agreement for the participation of the	1722
political subdivision in the joint self-insurance program. Under a	1723
joint self-insurance program agreement, a political subdivision	1724
may, to the extent permitted under the written agreement, assume	1725
the risks of any other political subdivision. A joint	1726
self-insurance program established under this section is deemed a	1727
separate legal entity for the public purpose of enabling the	1728
members of the joint self-insurance program to obtain insurance or	1729
to provide for a formalized, jointly administered self-insurance	1730
fund for its members. An entity created pursuant to this section	1731
is exempt from all state and local taxes.	1732

(9) Any political subdivision, other than an agency or	1733
instrumentality, may issue general obligation bonds, or special	1734
obligation bonds that are not payable from real or personal	1735
property taxes, and may also issue notes in anticipation of such	1736
bonds, pursuant to an ordinance or resolution of its legislative	1737
authority or other governing body for the purpose of providing	1738
funds to pay expenses associated with the settlement of claims,	1739
whether by way of a reserve or otherwise, and to pay the political	1740
subdivision's portion of the cost of establishing and maintaining	1741
an individual or joint self-insurance program or to provide for	1742
the reserve in the special fund authorized by division (C)(2) of	1743
this section.	1744

In its ordinance or resolution authorizing bonds or notes	1745
under this section, a political subdivision may elect to issue	1746
such bonds or notes under the procedures set forth in Chapter 133.	1747
of the Revised Code. In the event of such an election,	1748
notwithstanding Chapter 133. of the Revised Code, the maturity of	1749
the bonds may be for any period authorized in the ordinance or	1750
resolution not exceeding twenty years, which period shall be the	1751
maximum maturity of the bonds for purposes of section 133.22 of	1752
the Revised Code.	1753

Bonds and notes issued under this section shall not be	1754
considered in calculating the net indebtedness of the political	1755
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	1756
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	1757
hereby made applicable to bonds or notes authorized under this	1758
section.	1759

(10) A joint self-insurance program is not an insurance	1760
company. Its operation does not constitute doing an insurance	1761
business and is not subject to the insurance laws of this state.	1762

(11) A joint self-insurance program shall pay the run-off	1763
expenses of a participating political subdivision that terminates	1764
its participation in the program if the political subdivision has	1765
accumulated funds in the reserves for incurred but not reported	1766
claims. The run-off payment, at minimum, shall be limited to an	1767
actuarially determined cap or sixty days, whichever is reached	1768
first. This provision shall not apply during the term of a	1769
specific, separate agreement with a political subdivision to	1770
maintain enrollment for a specified period, not to exceed three	1771
years.	1772

(D) A political subdivision may procure group life insurance	1773
for its employees in conjunction with an individual or joint	1774
self-insurance program authorized by this section, provided that	1775
the policy of group life insurance is not self-insured.	1776

(E) This section does not apply to individual self-insurance	1777
programs created solely by municipal corporations as defined in	1778
section 5705.01 of the Revised Code.	1779

(F) A public official or employee of a political subdivision	1780
who is or becomes a member of the governing body of the program	1781
administrator of a joint self-insurance program in which the	1782
political subdivision participates is not in violation of division	1783
(D) or (E) of section 102.03, division (C) of section 102.04, or	1784
section 2921.42 of the Revised Code as a result of either of the	1785
following:	1786

(1) The political subdivision's entering under this section	1787
into the written agreement to participate in the joint	1788
self-insurance program;	1789

(2) The political subdivision's entering under this section	1790
into any other contract with the joint self-insurance program.	1791

Sec. 9.90. (A) ~~The following applies until the department of~~	1792
~~administrative services implements healthcare plans designed under~~	1793
~~section 9.901 of the Revised Code. If those plans do not include~~	1794
~~or address any benefits listed in this section, or if the board of~~	1795
~~trustees or other governing body of a state institution of higher~~	1796
~~education, as defined in section 3345.011 of the Revised Code,~~	1797
~~board of education of a school district, or governing board of an~~	1798
~~educational service center do not elect to be covered under a plan~~	1799
~~offered by the department of administrative services under section~~	1800
~~9.901 of the Revised Code, the following provisions continue in~~	1801
~~effect for those benefits.~~ The board of trustees or other	1802
governing body of a state institution of higher education, as	1803
defined in section 3345.011 of the Revised Code, board of	1804
education of a school district, or governing board of an	1805
educational service center may, in addition to all other powers	1806
provided in the Revised Code:	1807

(1) Contract for, purchase, or otherwise procure from an	1808
insurer or insurers licensed to do business by the state of Ohio	1809
for or on behalf of such of its employees as it may determine,	1810
life insurance, or sickness, accident, annuity, endowment, health,	1811
medical, hospital, dental, or surgical coverage and benefits, or	1812
any combination thereof, by means of insurance plans or other	1813
types of coverage, family, group or otherwise, and may pay from	1814
funds under its control and available for such purpose all or any	1815
portion of the cost, premium, or charge for such insurance,	1816
coverage, or benefits. However, the governing board, in addition	1817
to or as an alternative to the authority otherwise granted by	1818
division (A)(1) of this section, may elect to procure coverage for	1819
health care services, for or on behalf of such of its employees as	1820
it may determine, by means of policies, contracts, certificates,	1821
or agreements issued by at least two health insuring corporations	1822
holding a certificate of authority under Chapter 1751. of the	1823
Revised Code and may pay from funds under the governing board's	1824
control and available for such purpose all or any portion of the	1825
cost of such coverage.	1826

(2) Make payments to a custodial account for investment in	1827
regulated investment company stock for the purpose of providing	1828
retirement benefits as described in section 403(b)(7) of the	1829
Internal Revenue Code of 1954, as amended. Such stock shall be	1830
purchased only from persons authorized to sell such stock in this	1831
state.	1832

Any income of an employee deferred under divisions (A)(1) and	1833
(2) of this section in a deferred compensation program eligible	1834
for favorable tax treatment under the Internal Revenue Code of	1835
1954, as amended, shall continue to be included as regular	1836
compensation for the purpose of computing the contributions to and	1837
benefits from the retirement system of such employee. Any sum so	1838
deferred shall not be included in the computation of any federal	1839
and state income taxes withheld on behalf of any such employee.	1840

(B) All or any portion of the cost, premium, or charge	1841
therefor may be paid in such other manner or combination of	1842
manners as the board or governing body may determine, including	1843
direct payment by the employee in cases under division (A)(1) of	1844
this section, and, if authorized in writing by the employee in	1845
cases under division (A)(1) or (2) of this section, by the board	1846
or governing body with moneys made available by deduction from or	1847
reduction in salary or wages or by the foregoing of a salary or	1848
wage increase. Nothing in section 3917.01 or section 3917.06 of	1849
the Revised Code shall prohibit the issuance or purchase of group	1850
life insurance authorized by this section by reason of payment of	1851
premiums therefor by the board or governing body from its funds,	1852
and such group life insurance may be so issued and purchased if	1853
otherwise consistent with the provisions of sections 3917.01 to	1854
3917.07 of the Revised Code.	1855

(C) The board of education of any school district may	1856
exercise any of the powers granted to the governing boards of	1857
public institutions of higher education under divisions (A) and	1858
(B) of this section. All health care benefits provided to persons	1859
employed by the public schools of this state shall be through	1860
health care plans that contain best practices established by the	1861
department of administrative services pursuant to section 9.901 of	1862
the Revised Code.	1863

~~(D) Once the department of administrative services releases~~	1864
~~in final form health care plans designed under section 9.901 of~~	1865
~~the Revised Code, all health care benefits provided to persons~~	1866
~~employed by state institutions of higher education, school~~	1867
~~districts, or educational service centers may be through those~~	1868
~~plans.~~	1869

Sec. 9.901. (A)(1) All health care benefits provided to	1870
persons employed by ~~the political subdivisions and~~ public ~~school~~	1871
~~districts of~~employers as defined by this ~~state~~section shall be	1872
provided by health care plans that contain best practices	1873
established ~~pursuant to this section~~ by the former school	1874
employees health care board or the department of administrative	1875
services. ~~Twelve months after the release of best practices by the~~	1876
~~board all~~All policies or contracts for health care benefits	1877
~~provided to public school district employees~~ that are issued or	1878
renewed after the expiration of any applicable collective	1879
bargaining agreement must contain all best practices established	1880
pursuant to this section ~~by the board~~at the time of renewal. ~~Any~~	1881
~~or all of the health~~Health care plans that contain the best	1882
practices ~~specified by the board~~ may be self-insured.	1883

(2) Upon ~~completion of the consultant's report under division~~	1884
~~(E) of this section and once the plans are released in final form~~	1885
~~by the department, all health care benefits provided to persons~~	1886
~~employed by political subdivisions, public school districts, and~~	1887
~~state institutions of higher education may be provided by health~~	1888
~~care plans designed under this section by the department. The~~	1889
~~department, in consultation with the superintendent of insurance,~~	1890
~~may negotiate with and, in accordance with the competitive~~	1891
~~selection procedures of Chapter 125. of the Revised Code, contract~~	1892
~~with one or more insurance companies authorized to do business in~~	1893
~~this state for the issuance of the plans. Any or all of the health~~	1894
~~care plans designed by the department may be self-insured. All~~	1895
~~self-insured plans adopted shall be administered by the department~~	1896
~~in accordance with this section. The plans shall incorporate the~~	1897
~~best practices adopted by the department under division (C)(3) of~~	1898
~~this section~~consulting with the department of administrative	1899
services, a political subdivision may adopt a delivery system of	1900
benefits that is not in accordance with the department's adopted	1901
best practices if it is considered by the department to be most	1902
financially advantageous to the political subdivision.	1903

(3) ~~Before soliciting proposals from insurance companies for~~	1904
~~the issuance of health care plans, the department, in consultation~~	1905
~~with the superintendent of insurance, shall determine what~~	1906
~~geographic regions exist in the state based on the availability of~~	1907
~~providers, networks, costs, and other factors relating to~~	1908
~~providing health care benefits. The department shall then~~	1909
~~determine what health care plans offered by political~~	1910
~~subdivisions, public school districts, state institutions, and~~	1911
~~existing consortiums in the region offer the most cost-effective~~	1912
~~plan.~~	1913

~~(4) The department, in consultation with the superintendent~~	1914
~~of insurance, shall develop a request for proposals and solicit~~	1915
~~bids for health care plans for political subdivisions, public~~	1916
~~school districts, and state institutions in a region similar to~~	1917
~~the existing plans. The department shall also determine the~~	1918
~~benefits offered by existing health care plans, the employees'~~	1919
~~costs, and the cost-sharing arrangements used by political~~	1920
~~subdivisions, schools, and institutions participating in a~~	1921
~~consortium. The department shall determine what strategies are~~	1922
~~used by the existing plans to manage health care costs and shall~~	1923
~~study the potential benefits of state or regional consortiums~~	1924
~~offering multiple health care plans. When options exist in a~~	1925
~~defined regional service area that meet the benchmarks or best~~	1926
~~practices prescribed by the department, public employees shall be~~	1927
~~given the option of selecting from two or more health plans.~~	1928

~~(5) No political subdivision, public school district, or~~	1929
~~state institution may be required to offer the health care plans~~	1930
~~designed under this section until action is taken under division~~	1931
~~(E) of this section.~~	1932

~~In addition, political subdivisions, public school districts,~~	1933
~~or state institutions offering employee health care benefits~~	1934
~~through a plan offered by a consortium of two or more political~~	1935
~~subdivisions, districts, or state institutions, or a consortium of~~	1936
~~one or more political subdivisions, districts, or state~~	1937
~~institutions and one or more other political subdivisions may~~	1938
~~continue offering consortium plans to the political subdivisions',~~	1939
~~districts', or institutions' employees if plans contain best~~	1940
~~practices required under this section.~~	1941

~~(6)~~ As used in this section:

1942

(a) "Public employer" means political subdivisions, public	1943
school districts, or state institutions of higher education.	1944

(b) "Public school district" means a city, local, exempted	1945
village, or joint vocational school district; a STEM school	1946
established under Chapter 3326. of the Revised Code; or an	1947
educational service center. "Public school district" does not mean	1948
a community school established under Chapter 3314. of the Revised	1949
Code.	1950

~~(b)~~(c) "State institution of higher education" or "state	1951
institution" means a state institution of higher education as	1952
defined in section 3345.011 of the Revised Code.	1953

~~(c)~~(d) "Political subdivision" has the same meaning as	1954
defined in section 9.833 of the Revised Code.	1955

~~(d)~~(e) A "health care plan" includes group policies,	1956
contracts, and agreements that provide hospital, surgical, or	1957
medical expense coverage, including self-insured plans. A "health	1958
care plan" does not include an individual plan offered to the	1959
employees of a political subdivision, public school district, or	1960
state institution, or a plan that provides coverage only for	1961
specific disease or accidents, or a hospital indemnity, medicare	1962
supplement, or other plan that provides only supplemental	1963
benefits, paid for by the employees of a political subdivision,	1964
public school district, or state institution.	1965

~~(e)~~(f) A "health plan sponsor" means a political subdivision,	1966
public school district, a state institution of higher education, a	1967
consortium of political subdivisions, public school districts, or	1968
state institutions, or a council of governments.	1969

~~(B)~~(4) The ~~political subdivisions and~~ public employees health	1970
care fund is hereby created in the state treasury. The department	1971
shall use all funds in the ~~political subdivisions and~~ public	1972
employees health care fund solely to carry out the provisions of	1973
this section and related administrative costs.	1974

~~(C)~~(B) The department of administrative services shall do all	1975
of the following:	1976

(1) ~~Include disease management and consumer education~~	1977
~~programs, which programs shall include, but are not limited to,~~	1978
~~wellness programs and other measures designed to encourage the~~	1979
~~wise use of medical plan coverage. These programs are not services~~	1980
~~or treatments for purposes of section 3901.71 of the Revised Code.~~	1981

~~(2) After action is taken under division (E) of this section,~~	1982
~~design health care plans for political subdivisions, public school~~	1983
~~districts, and state institutions of higher education in~~	1984
~~accordance with division (A) of this section separate from the~~	1985
~~plans for state agencies;~~	1986

~~(3) Adopt and release a set of standards that shall be~~	1987
~~considered the best practices for health care plans offered to~~	1988
~~employees of political subdivisions, public school districts, and~~	1989
~~state institutions.~~	1990

~~(4) Require that the plans the health plan sponsors~~	1991
~~administer make readily available to the public all cost and~~	1992
~~design elements of the plan;~~	1993

~~(5) Set employee and employer health care plan premiums for~~	1994
~~the plans designed under division (C)(2) of this section;~~	1995

~~(6) Promote cooperation among all organizations affected by~~	1996
~~this section in identifying the elements for the successful~~	1997
~~implementation of this section;~~	1998

~~(7) Promote cost containment measures aligned with patient,~~	1999
~~plan, and provider management strategies in developing and~~	2000
~~managing health care plans;~~	2001

~~(8) Prepare and disseminate to the public an annual report on~~	2002
~~the status of health plan sponsors' effectiveness in making~~	2003
~~progress to reduce the rate of increase in insurance premiums and~~	2004
~~employee out of pocket expenses, as well as progress in improving~~	2005
~~the health status of political subdivision, public school~~	2006
~~district, and state institution employees and their families.~~	2007

~~(D) The sections in Chapter 3923. of the Revised Code~~	2008
~~regulating public employee benefit plans are not applicable to the~~	2009
~~health care plans designed pursuant to this section.~~	2010

~~(E) Before the department's release of the initial health~~	2011
~~care plans, the department shall contract with an independent~~	2012
~~consultant to analyze costs related to employee health care~~	2013
~~benefits provided by existing political subdivision, public school~~	2014
~~district, and state institution plans. All political subdivisions~~	2015
~~shall provide information requested by the department that the~~	2016
~~department determines is needed to complete this study. The~~	2017
~~information requested shall be held confidentially by the~~	2018
~~department and shall not be considered a public record under~~	2019
~~Chapter 149. of the Revised Code. The department may release the~~	2020
~~information after redacting all personally identifiable~~	2021
~~information. The consultant shall determine the benefits offered~~	2022
~~by existing plans, the employees' costs, and the cost-sharing~~	2023
~~arrangements used by political subdivisions, schools, and~~	2024
~~institutions participating in a consortium. The consultant shall~~	2025
~~determine what strategies are used by the existing plans to manage~~	2026
~~health care costs and shall study the potential benefits of state~~	2027
~~or regional consortiums of political subdivisions, public schools,~~	2028
~~and institutions offering multiple health care plans. Based on the~~	2029
~~findings of the analysis, the consultant shall submit written~~	2030
~~recommendations to the department for the development and~~	2031
~~implementation of a successful program for pooling purchasing~~	2032
~~power for the acquisition of employee health care plans. The~~	2033
~~consultant's recommendations shall address, at a minimum, all of~~	2034
~~the following issues:~~	2035

~~(1) The development of a plan for regional coordination of~~	2036
~~the health care plans;~~	2037

~~(2) The establishment of regions for the provision of health~~	2038
~~care plans, based on the availability of providers and plans in~~	2039
~~the state at the time;~~	2040

~~(3) The viability of voluntary and mandatory participation by~~	2041
~~political subdivisions, public schools, and institutions of higher~~	2042
~~education;~~	2043

~~(4) The use of regional preferred provider and closed panel~~	2044
~~plans, health savings accounts, and alternative health care plans,~~	2045
~~to stabilize both costs and the premiums charged to political~~	2046
~~subdivisions, public school districts, and state institutions and~~	2047
~~their employees;~~	2048

~~(5) The use of the competitive bidding process for regional~~	2049
~~health care plans;~~	2050

~~(6) The use of information on claims and costs and of~~	2051
~~information reported by political subdivisions, public school~~	2052
~~districts, and state institutions pursuant to the Consolidated~~	2053
~~Omnibus Budget Reconciliation Act (COBRA) 100 Stat. 227, 29 U.S.C.~~	2054
~~1161, as amended in analyzing administrative and premium costs;~~	2055

~~(7) The experience of states that have statewide health care~~	2056
~~plans for political subdivision, public school district, and state~~	2057
~~institution employees, including the implementation strategies~~	2058
~~used by those states;~~	2059

~~(8) Recommended strategies for the use of first-year roll-in~~	2060
~~premiums in the transition from political subdivision, district,~~	2061
~~and state institution health care plans to department plans;~~	2062

~~(9) The option of allowing political subdivisions, public~~	2063
~~school districts, and state institutions to join an existing~~	2064
~~regional consortium as an alternative to department plans;~~	2065

~~(10) Mandatory and optional coverages to be offered by the~~	2066
~~department's plans;~~	2067

~~(11) Potential risks to the state from the use of plans~~	2068
~~developed under this section;~~	2069

~~(12) Any legislation needed to ensure the long-term financial~~	2070
~~solvency and stability of a health care purchasing system;~~	2071

~~(13) The potential impacts of any changes to the existing~~	2072
~~purchasing structure on all of the following:~~	2073

~~(a) Existing health care pooling and consortiums;~~

2074

~~(b) Political subdivision, school district, and state~~	2075
~~institution employees;~~	2076

~~(c) Individual political subdivisions, school districts, and~~	2077
~~state institutions.~~	2078

~~(14) Issues that could arise when political subdivisions,~~	2079
~~school districts, and state institutions transition from the~~	2080
~~existing purchasing structure to a new purchasing structure;~~	2081

~~(15) Strategies available to the department in the creation~~	2082
~~of fund reserves and the need for stop-loss insurance coverage for~~	2083
~~catastrophic losses;~~	2084

~~(16) Impact on eliminating the premium tax or excise~~	2085
~~currently received on behalf of a public employer under division~~	2086
~~(A) of section 5725.18 and division (A) of 5729.03 of the Revised~~	2087
~~Code;~~	2088

~~(17) How development of the federal health exchange in Ohio~~	2089
~~may impact public employees;~~	2090

~~(18) Impact of joint health insurance regional program on~~	2091
~~insurance carriers and agents;~~	2092

~~(19) The benefits, including any cost savings to the state of~~	2093
~~establishing a benchmark for public employers to meet in lieu of~~	2094
~~establishing new plans administered by the department.~~	2095

~~(F) The~~Identify strategies to manage health care costs;

2096

(2) Study the potential benefits of state or regional	2097
consortiums of public employers' health care plans;	2098

(3) Publish information regarding the health care plans	2099
offered by political subdivisions, public school districts, state	2100
institutions, and existing consortiums;	2101

(4) Assist in the design of health care plans for political	2102
subdivisions, public school districts, and state institutions of	2103
higher education in accordance with division (A) of this section	2104
separate from the plans for state agencies;	2105

(5) Adopt and release a set of standards that shall be	2106
considered the best practices for health care plans offered to	2107
employees of political subdivisions, public school districts, and	2108
state institutions;	2109

(6) Require that plans the health plan sponsors administer	2110
make readily available to the public all cost and design elements	2111
of the plan;	2112

(7) Promote cooperation among all organizations affected by	2113
this section in identifying the elements for successful	2114
implementation of this section;	2115

(8) Promote cost containment measures aligned with patient,	2116
plan, and provider management strategies in developing and	2117
managing health care plans; and	2118

(9) Prepare and disseminate to the public an annual report on	2119
the status of health plan sponsors' effectiveness in complying	2120
with best practices and making progress to reduce the rate of	2121
increase in insurance premiums and employee out-of-pocket	2122
expenses, as well as progress in improving the health status of	2123
employees and their families.	2124

(C) The director of administrative services may convene a	2125
public health care advisory committee ~~is hereby created under the~~	2126
~~department of administrative services~~. The committee shall make	2127
recommendations to the director of administrative services or the	2128
director's designee on the development and adoption of best	2129
practices under this section. The committee shall consist of	2130
fifteen members: five members appointed by the speaker of the	2131
house of representatives,; five members appointed by the president	2132
of the senate,; and five members appointed by the governor and	2133
shall include representatives from state and local government	2134
employers, state and local government employees, insurance agents,	2135
health insurance companies, and joint purchasing arrangements	2136
currently in existence. ~~Nothing in this section prohibits a~~	2137
~~political subdivision from adopting a delivery system of benefits~~	2138
~~that is not in accordance with the department's adopted best~~	2139
~~practices if it is considered to be most financially advantageous~~	2140
~~to the political subdivision.~~Members shall serve without	2141
compensation.	2142

~~(G)~~(D) The department may adopt rules for the enforcement of	2143
health plan sponsors' compliance with the best practices standards	2144
adopted by the department pursuant to this section.	2145

~~(H)~~(E) Any health care plan providing coverage for the	2146
employees of political subdivisions, public school districts, or	2147
state institutions of higher education, or that have provided	2148
coverage within two years before the effective date of this	2149
amendment, shall provide nonidentifiable aggregate claims and	2150
administrative data for the coverage provided as required by the	2151
department, without charge, within thirty days after receiving a	2152
written request from the department. The claims data shall include	2153
data relating to employee group benefit sets, demographics, and	2154
claims experience.	2155

~~(I)(1)~~(F) The department may ~~contract~~work with other state	2156
agencies ~~for~~to obtain services as the department deems necessary	2157
for the implementation and operation of this section, based on	2158
demonstrated experience and expertise in administration,	2159
management, data handling, actuarial studies, quality assurance,	2160
or for other needed services.	2161

~~(2)~~(G) The department shall hire staff as necessary to	2162
provide administrative support to the department and the public	2163
employee health care plan program established by this section.	2164

~~(J) Not more than ninety days before coverage begins for~~	2165
~~political subdivision, public school district, and state~~	2166
~~institution employees under health care plans designed by the~~	2167
~~department, a political subdivision's governing body, public~~	2168
~~school district's board of education, and a state institution's~~	2169
~~board of trustees or managing authority shall provide detailed~~	2170
~~information about the health care plans to the employees.~~	2171

~~(K)~~(H) Nothing in this section shall be construed as	2172
prohibiting political subdivisions, public school districts, or	2173
state institutions from consulting with and compensating insurance	2174
agents and brokers for professional services or from establishing	2175
a self-insurance program.	2176

~~(L)~~(I) Pursuant to Chapter 117. of the Revised Code, the	2177
auditor of state shall conduct all necessary and required audits	2178
of the department. The auditor of state, upon request, also shall	2179
furnish to the department copies of audits of political	2180
subdivisions, public school districts, or consortia performed by	2181
the auditor of state.	2182

Sec. 101.39. (A) There is hereby created the joint	2183
legislative committee on health care oversight. The committee may	2184
review or study any matter related to the provision of health care	2185
services that it considers of significance to the citizens of this	2186
state, including the availability of health care, the quality of	2187
health care, the effectiveness and efficiency of managed care	2188
systems, and the operation of the ~~medical assistance~~medicaid	2189
program ~~established under Chapter 5111. of the Revised Code~~ or	2190
other government health programs.	2191

The department of ~~job and family services~~medicaid,	2192
department of health, department of aging, department of ~~mental~~	2193
~~health~~mental health and addiction services, department of	2194
developmental disabilities, ~~department of alcohol and drug~~	2195
~~addiction services,~~ and other state agencies shall cooperate with	2196
the committee in its study and review of health care issues. On	2197
request, the departments shall provide the committee with reports	2198
and other information sufficient for the committee to fulfill its	2199
duties.	2200

The committee may issue recommendations as it determines	2201
appropriate. The recommendations may be made to the general	2202
assembly, state agencies, private industry, or any other entity.	2203

(B) The committee shall consist of the following members of	2204
the general assembly: the chairperson of the senate's standing	2205
committee with primary responsibility for health legislation, the	2206
chairperson of the house of representatives' standing committee	2207
with primary responsibility for health legislation, four members	2208
of the house of representatives appointed by the speaker of the	2209
house of representatives, and four members of the senate appointed	2210
by the president of the senate. Not more than two members	2211
appointed by the speaker of the house of representatives and not	2212
more than two members appointed by the president of the senate may	2213
be of the same political party. Except in 1995, appointments shall	2214
be made not later than fifteen days after the commencement of the	2215
first regular session of each general assembly. The chairpersons	2216
of the standing committees with primary responsibility for health	2217
legislation shall serve as co-chairpersons of the committee.	2218

Each member of the committee shall hold office during the	2219
general assembly in which the member is appointed and until a	2220
successor has been appointed, notwithstanding the adjournment sine	2221
die of the general assembly in which the member was appointed or	2222
the expiration of the member's term as a member of the general	2223
assembly. Any vacancies occurring among the members of the	2224
committee shall be filled in the manner of the original	2225
appointment.	2226

The committee shall meet at least quarterly and at the call	2227
of the co-chairpersons. The co-chairpersons shall determine the	2228
time, place, and agenda for each meeting of the committee.	2229

The committee has the same powers as other standing or select	2230
committees of the general assembly. The committee may request	2231
assistance from the legislative service commission.	2232

Sec. 101.391. (A) There is hereby created the joint	2233
legislative committee on medicaid technology and reform. The	2234
committee may review or study any matter that it considers	2235
relevant to the operation of the medicaid program ~~established~~	2236
~~under Chapter 5111. of the Revised Code~~, with priority given to	2237
the study or review of mechanisms to enhance the program's	2238
effectiveness through improved technology systems and program	2239
reform.	2240

(B) The committee shall consist of five members of the house	2241
of representatives appointed by the speaker of the house of	2242
representatives and five members of the senate appointed by the	2243
president of the senate. Not more than three members appointed by	2244
the speaker of the house of representatives and not more than	2245
three members appointed by the president of the senate may be of	2246
the same political party.	2247

Each member of the committee shall hold office during the	2248
general assembly in which the member is appointed and until a	2249
successor has been appointed, notwithstanding the adjournment sine	2250
die of the general assembly in which the member was appointed or	2251
the expiration of the member's term as a member of the general	2252
assembly. Any vacancies occurring among the members of the	2253
committee shall be filled in the manner of the original	2254
appointment.	2255

(C) The committee has the same powers as other standing or	2256
select committees of the general assembly. The committee may	2257
employ an executive director.	2258

Sec. 102.02. (A) Except as otherwise provided in division	2259
(H) of this section, all of the following shall file with the	2260
appropriate ethics commission the disclosure statement described	2261
in this division on a form prescribed by the appropriate	2262
commission: every person who is elected to or is a candidate for a	2263
state, county, or city office and every person who is appointed to	2264
fill a vacancy for an unexpired term in such an elective office;	2265
all members of the state board of education; the director,	2266
assistant directors, deputy directors, division chiefs, or persons	2267
of equivalent rank of any administrative department of the state;	2268
the president or other chief administrative officer of every state	2269
institution of higher education as defined in section 3345.011 of	2270
the Revised Code; the executive director and the members of the	2271
capitol square review and advisory board appointed or employed	2272
pursuant to section 105.41 of the Revised Code; all members of the	2273
Ohio casino control commission, the executive director of the	2274
commission, all professional employees of the commission, and all	2275
technical employees of the commission who perform an internal	2276
audit function; the individuals set forth in division (B)(2) of	2277
section 187.03 of the Revised Code; the chief executive officer	2278
and the members of the board of each state retirement system; each	2279
employee of a state retirement board who is a state retirement	2280
system investment officer licensed pursuant to section 1707.163 of	2281
the Revised Code; the members of the Ohio retirement study council	2282
appointed pursuant to division (C) of section 171.01 of the	2283
Revised Code; employees of the Ohio retirement study council,	2284
other than employees who perform purely administrative or clerical	2285
functions; the administrator of workers' compensation and each	2286
member of the bureau of workers' compensation board of directors;	2287
the bureau of workers' compensation director of investments; the	2288
chief investment officer of the bureau of workers' compensation;	2289
all members of the board of commissioners on grievances and	2290
discipline of the supreme court and the ethics commission created	2291
under section 102.05 of the Revised Code; every business manager,	2292
treasurer, or superintendent of a city, local, exempted village,	2293
joint vocational, or cooperative education school district or an	2294
educational service center; every person who is elected to or is a	2295
candidate for the office of member of a board of education of a	2296
city, local, exempted village, joint vocational, or cooperative	2297
education school district or of a governing board of an	2298
educational service center that has a total student count of	2299
twelve thousand or more as most recently determined by the	2300
department of education pursuant to section 3317.03 of the Revised	2301
Code; every person who is appointed to the board of education of a	2302
municipal school district pursuant to division (B) or (F) of	2303
section 3311.71 of the Revised Code; all members of the board of	2304
directors of a sanitary district that is established under Chapter	2305
6115. of the Revised Code and organized wholly for the purpose of	2306
providing a water supply for domestic, municipal, and public use,	2307
and that includes two municipal corporations in two counties;	2308
every public official or employee who is paid a salary or wage in	2309
accordance with schedule C of section 124.15 or schedule E-2 of	2310
section 124.152 of the Revised Code; members of the board of	2311
trustees and the executive director of the southern Ohio	2312
agricultural and community development foundation; all members	2313
appointed to the Ohio livestock care standards board under section	2314
904.02 of the Revised Code; and every other public official or	2315
employee who is designated by the appropriate ethics commission	2316
pursuant to division (B) of this section.	2317

The disclosure statement shall include all of the following:

2318

(1) The name of the person filing the statement and each	2319
member of the person's immediate family and all names under which	2320
the person or members of the person's immediate family do	2321
business;	2322

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	2323
and except as otherwise provided in section 102.022 of the Revised	2324
Code, identification of every source of income, other than income	2325
from a legislative agent identified in division (A)(2)(b) of this	2326
section, received during the preceding calendar year, in the	2327
person's own name or by any other person for the person's use or	2328
benefit, by the person filing the statement, and a brief	2329
description of the nature of the services for which the income was	2330
received. If the person filing the statement is a member of the	2331
general assembly, the statement shall identify the amount of every	2332
source of income received in accordance with the following ranges	2333
of amounts: zero or more, but less than one thousand dollars; one	2334
thousand dollars or more, but less than ten thousand dollars; ten	2335
thousand dollars or more, but less than twenty-five thousand	2336
dollars; twenty-five thousand dollars or more, but less than fifty	2337
thousand dollars; fifty thousand dollars or more, but less than	2338
one hundred thousand dollars; and one hundred thousand dollars or	2339
more. Division (A)(2)(a) of this section shall not be construed to	2340
require a person filing the statement who derives income from a	2341
business or profession to disclose the individual items of income	2342
that constitute the gross income of that business or profession,	2343
except for those individual items of income that are attributable	2344
to the person's or, if the income is shared with the person, the	2345
partner's, solicitation of services or goods or performance,	2346
arrangement, or facilitation of services or provision of goods on	2347
behalf of the business or profession of clients, including	2348
corporate clients, who are legislative agents. A person who files	2349
the statement under this section shall disclose the identity of	2350
and the amount of income received from a person who the public	2351
official or employee knows or has reason to know is doing or	2352
seeking to do business of any kind with the public official's or	2353
employee's agency.	2354

(b) If the person filing the statement is a member of the	2355
general assembly, the statement shall identify every source of	2356
income and the amount of that income that was received from a	2357
legislative agent during the preceding calendar year, in the	2358
person's own name or by any other person for the person's use or	2359
benefit, by the person filing the statement, and a brief	2360
description of the nature of the services for which the income was	2361
received. Division (A)(2)(b) of this section requires the	2362
disclosure of clients of attorneys or persons licensed under	2363
section 4732.12 of the Revised Code, or patients of persons	2364
certified under section 4731.14 of the Revised Code, if those	2365
clients or patients are legislative agents. Division (A)(2)(b) of	2366
this section requires a person filing the statement who derives	2367
income from a business or profession to disclose those individual	2368
items of income that constitute the gross income of that business	2369
or profession that are received from legislative agents.	2370

(c) Except as otherwise provided in division (A)(2)(c) of	2371
this section, division (A)(2)(a) of this section applies to	2372
attorneys, physicians, and other persons who engage in the	2373
practice of a profession and who, pursuant to a section of the	2374
Revised Code, the common law of this state, a code of ethics	2375
applicable to the profession, or otherwise, generally are required	2376
not to reveal, disclose, or use confidences of clients, patients,	2377
or other recipients of professional services except under	2378
specified circumstances or generally are required to maintain	2379
those types of confidences as privileged communications except	2380
under specified circumstances. Division (A)(2)(a) of this section	2381
does not require an attorney, physician, or other professional	2382
subject to a confidentiality requirement as described in division	2383
(A)(2)(c) of this section to disclose the name, other identity, or	2384
address of a client, patient, or other recipient of professional	2385
services if the disclosure would threaten the client, patient, or	2386
other recipient of professional services, would reveal details of	2387
the subject matter for which legal, medical, or professional	2388
advice or other services were sought, or would reveal an otherwise	2389
privileged communication involving the client, patient, or other	2390
recipient of professional services. Division (A)(2)(a) of this	2391
section does not require an attorney, physician, or other	2392
professional subject to a confidentiality requirement as described	2393
in division (A)(2)(c) of this section to disclose in the brief	2394
description of the nature of services required by division	2395
(A)(2)(a) of this section any information pertaining to specific	2396
professional services rendered for a client, patient, or other	2397
recipient of professional services that would reveal details of	2398
the subject matter for which legal, medical, or professional	2399
advice was sought or would reveal an otherwise privileged	2400
communication involving the client, patient, or other recipient of	2401
professional services.	2402

(3) The name of every corporation on file with the secretary	2403
of state that is incorporated in this state or holds a certificate	2404
of compliance authorizing it to do business in this state, trust,	2405
business trust, partnership, or association that transacts	2406
business in this state in which the person filing the statement or	2407
any other person for the person's use and benefit had during the	2408
preceding calendar year an investment of over one thousand dollars	2409
at fair market value as of the thirty-first day of December of the	2410
preceding calendar year, or the date of disposition, whichever is	2411
earlier, or in which the person holds any office or has a	2412
fiduciary relationship, and a description of the nature of the	2413
investment, office, or relationship. Division (A)(3) of this	2414
section does not require disclosure of the name of any bank,	2415
savings and loan association, credit union, or building and loan	2416
association with which the person filing the statement has a	2417
deposit or a withdrawable share account.	2418

(4) All fee simple and leasehold interests to which the	2419
person filing the statement holds legal title to or a beneficial	2420
interest in real property located within the state, excluding the	2421
person's residence and property used primarily for personal	2422
recreation;	2423

(5) The names of all persons residing or transacting business	2424
in the state to whom the person filing the statement owes, in the	2425
person's own name or in the name of any other person, more than	2426
one thousand dollars. Division (A)(5) of this section shall not be	2427
construed to require the disclosure of debts owed by the person	2428
resulting from the ordinary conduct of a business or profession or	2429
debts on the person's residence or real property used primarily	2430
for personal recreation, except that the superintendent of	2431
financial institutions shall disclose the names of all	2432
state-chartered savings and loan associations and of all service	2433
corporations subject to regulation under division (E)(2) of	2434
section 1151.34 of the Revised Code to whom the superintendent in	2435
the superintendent's own name or in the name of any other person	2436
owes any money, and that the superintendent and any deputy	2437
superintendent of banks shall disclose the names of all	2438
state-chartered banks and all bank subsidiary corporations subject	2439
to regulation under section 1109.44 of the Revised Code to whom	2440
the superintendent or deputy superintendent owes any money.	2441

(6) The names of all persons residing or transacting business	2442
in the state, other than a depository excluded under division	2443
(A)(3) of this section, who owe more than one thousand dollars to	2444
the person filing the statement, either in the person's own name	2445
or to any person for the person's use or benefit. Division (A)(6)	2446
of this section shall not be construed to require the disclosure	2447
of clients of attorneys or persons licensed under section 4732.12	2448
or 4732.15 of the Revised Code, or patients of persons certified	2449
under section 4731.14 of the Revised Code, nor the disclosure of	2450
debts owed to the person resulting from the ordinary conduct of a	2451
business or profession.	2452

(7) Except as otherwise provided in section 102.022 of the	2453
Revised Code, the source of each gift of over seventy-five	2454
dollars, or of each gift of over twenty-five dollars received by a	2455
member of the general assembly from a legislative agent, received	2456
by the person in the person's own name or by any other person for	2457
the person's use or benefit during the preceding calendar year,	2458
except gifts received by will or by virtue of section 2105.06 of	2459
the Revised Code, or received from spouses, parents, grandparents,	2460
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	2461
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	2462
fathers-in-law, mothers-in-law, or any person to whom the person	2463
filing the statement stands in loco parentis, or received by way	2464
of distribution from any inter vivos or testamentary trust	2465
established by a spouse or by an ancestor;	2466

(8) Except as otherwise provided in section 102.022 of the	2467
Revised Code, identification of the source and amount of every	2468
payment of expenses incurred for travel to destinations inside or	2469
outside this state that is received by the person in the person's	2470
own name or by any other person for the person's use or benefit	2471
and that is incurred in connection with the person's official	2472
duties, except for expenses for travel to meetings or conventions	2473
of a national or state organization to which any state agency,	2474
including, but not limited to, any legislative agency or state	2475
institution of higher education as defined in section 3345.011 of	2476
the Revised Code, pays membership dues, or any political	2477
subdivision or any office or agency of a political subdivision	2478
pays membership dues;	2479

(9) Except as otherwise provided in section 102.022 of the	2480
Revised Code, identification of the source of payment of expenses	2481
for meals and other food and beverages, other than for meals and	2482
other food and beverages provided at a meeting at which the person	2483
participated in a panel, seminar, or speaking engagement or at a	2484
meeting or convention of a national or state organization to which	2485
any state agency, including, but not limited to, any legislative	2486
agency or state institution of higher education as defined in	2487
section 3345.011 of the Revised Code, pays membership dues, or any	2488
political subdivision or any office or agency of a political	2489
subdivision pays membership dues, that are incurred in connection	2490
with the person's official duties and that exceed one hundred	2491
dollars aggregated per calendar year;	2492

(10) If the disclosure statement is filed by a public	2493
official or employee described in division (B)(2) of section	2494
101.73 of the Revised Code or division (B)(2) of section 121.63 of	2495
the Revised Code who receives a statement from a legislative	2496
agent, executive agency lobbyist, or employer that contains the	2497
information described in division (F)(2) of section 101.73 of the	2498
Revised Code or division (G)(2) of section 121.63 of the Revised	2499
Code, all of the nondisputed information contained in the	2500
statement delivered to that public official or employee by the	2501
legislative agent, executive agency lobbyist, or employer under	2502
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	2503
the Revised Code.	2504

A person may file a statement required by this section in	2505
person or, by mail, or by electronic means. A person who is a	2506
candidate for elective office shall file the statement no later	2507
than the thirtieth day before the primary, special, or general	2508
election at which the candidacy is to be voted on, whichever	2509
election occurs soonest, except that a person who is a write-in	2510
candidate shall file the statement no later than the twentieth day	2511
before the earliest election at which the person's candidacy is to	2512
be voted on. A person who holds elective office shall file the	2513
statement on or before the fifteenth day of April of each year	2514
unless the person is a candidate for office. A person who is	2515
appointed to fill a vacancy for an unexpired term in an elective	2516
office shall file the statement within fifteen days after the	2517
person qualifies for office. Other persons shall file an annual	2518
statement on or before the fifteenth day of April or, if appointed	2519
or employed after that date, within ninety days after appointment	2520
or employment. No person shall be required to file with the	2521
appropriate ethics commission more than one statement or pay more	2522
than one filing fee for any one calendar year.	2523

The appropriate ethics commission, for good cause, may extend	2524
for a reasonable time the deadline for filing a statement under	2525
this section.	2526

A statement filed under this section is subject to public	2527
inspection at locations designated by the appropriate ethics	2528
commission except as otherwise provided in this section.	2529

(B) The Ohio ethics commission, the joint legislative ethics	2530
committee, and the board of commissioners on grievances and	2531
discipline of the supreme court, using the rule-making procedures	2532
of Chapter 119. of the Revised Code, may require any class of	2533
public officials or employees under its jurisdiction and not	2534
specifically excluded by this section whose positions involve a	2535
substantial and material exercise of administrative discretion in	2536
the formulation of public policy, expenditure of public funds,	2537
enforcement of laws and rules of the state or a county or city, or	2538
the execution of other public trusts, to file an annual statement	2539
on or before the fifteenth day of April under division (A) of this	2540
section. The appropriate ethics commission shall send the public	2541
officials or employees written notice of the requirement by the	2542
fifteenth day of February of each year the filing is required	2543
unless the public official or employee is appointed after that	2544
date, in which case the notice shall be sent within thirty days	2545
after appointment, and the filing shall be made not later than	2546
ninety days after appointment.	2547

Except for disclosure statements filed by members of the	2548
board of trustees and the executive director of the southern Ohio	2549
agricultural and community development foundation, disclosure	2550
statements filed under this division with the Ohio ethics	2551
commission by members of boards, commissions, or bureaus of the	2552
state for which no compensation is received other than reasonable	2553
and necessary expenses shall be kept confidential. Disclosure	2554
statements filed with the Ohio ethics commission under division	2555
(A) of this section by business managers, treasurers, and	2556
superintendents of city, local, exempted village, joint	2557
vocational, or cooperative education school districts or	2558
educational service centers shall be kept confidential, except	2559
that any person conducting an audit of any such school district or	2560
educational service center pursuant to section 115.56 or Chapter	2561
117. of the Revised Code may examine the disclosure statement of	2562
any business manager, treasurer, or superintendent of that school	2563
district or educational service center. Disclosure statements	2564
filed with the Ohio ethics commission under division (A) of this	2565
section by the individuals set forth in division (B)(2) of section	2566
187.03 of the Revised Code shall be kept confidential. The Ohio	2567
ethics commission shall examine each disclosure statement required	2568
to be kept confidential to determine whether a potential conflict	2569
of interest exists for the person who filed the disclosure	2570
statement. A potential conflict of interest exists if the private	2571
interests of the person, as indicated by the person's disclosure	2572
statement, might interfere with the public interests the person is	2573
required to serve in the exercise of the person's authority and	2574
duties in the person's office or position of employment. If the	2575
commission determines that a potential conflict of interest	2576
exists, it shall notify the person who filed the disclosure	2577
statement and shall make the portions of the disclosure statement	2578
that indicate a potential conflict of interest subject to public	2579
inspection in the same manner as is provided for other disclosure	2580
statements. Any portion of the disclosure statement that the	2581
commission determines does not indicate a potential conflict of	2582
interest shall be kept confidential by the commission and shall	2583
not be made subject to public inspection, except as is necessary	2584
for the enforcement of Chapters 102. and 2921. of the Revised Code	2585
and except as otherwise provided in this division.	2586

(C) No person shall knowingly fail to file, on or before the	2587
applicable filing deadline established under this section, a	2588
statement that is required by this section.	2589

(D) No person shall knowingly file a false statement that is	2590
required to be filed under this section.	2591

(E)(1) Except as provided in divisions (E)(2) and (3) of this	2592
section, the statement required by division (A) or (B) of this	2593
section shall be accompanied by a filing fee of sixty dollars.	2594

(2) The statement required by division (A) of this section	2595
shall be accompanied by the following filing fee to be paid by the	2596
person who is elected or appointed to, or is a candidate for, any	2597
of the following offices:	2598

For state office, except member of the		2599
state board of education	$95	2600
For office of member of general assembly	$40	2601
For county office	$60	2602
For city office	$35	2603
For office of member of the state board		2604
of education	$35	2605
For office of member of a city, local,		2606
exempted village, or cooperative		2607
education board of		2608
education or educational service		2609
center governing board	$30	2610
For position of business manager,		2611
treasurer, or superintendent of a		2612
city, local, exempted village, joint		2613
vocational, or cooperative education		2614
school district or		2615
educational service center	$30	2616

(3) No judge of a court of record or candidate for judge of a	2617
court of record, and no referee or magistrate serving a court of	2618
record, shall be required to pay the fee required under division	2619
(E)(1) or (2) or (F) of this section.	2620

(4) For any public official who is appointed to a nonelective	2621
office of the state and for any employee who holds a nonelective	2622
position in a public agency of the state, the state agency that is	2623
the primary employer of the state official or employee shall pay	2624
the fee required under division (E)(1) or (F) of this section.	2625

(F) If a statement required to be filed under this section is	2626
not filed by the date on which it is required to be filed, the	2627
appropriate ethics commission shall assess the person required to	2628
file the statement a late filing fee of ten dollars for each day	2629
the statement is not filed, except that the total amount of the	2630
late filing fee shall not exceed two hundred fifty dollars.	2631

(G)(1) The appropriate ethics commission other than the Ohio	2632
ethics commission and the joint legislative ethics committee shall	2633
deposit all fees it receives under divisions (E) and (F) of this	2634
section into the general revenue fund of the state.	2635

(2) The Ohio ethics commission shall deposit all receipts,	2636
including, but not limited to, fees it receives under divisions	2637
(E) and (F) of this section, investigative or other fees, costs,	2638
or other funds it receives as a result of court orders, and all	2639
moneys it receives from settlements under division (G) of section	2640
102.06 of the Revised Code, into the Ohio ethics commission fund,	2641
which is hereby created in the state treasury. All moneys credited	2642
to the fund shall be used solely for expenses related to the	2643
operation and statutory functions of the commission.	2644

(3) The joint legislative ethics committee shall deposit all	2645
receipts it receives from the payment of financial disclosure	2646
statement filing fees under divisions (E) and (F) of this section	2647
into the joint legislative ethics committee investigative fund.	2648

(H) Division (A) of this section does not apply to a person	2649
elected or appointed to the office of precinct, ward, or district	2650
committee member under Chapter 3517. of the Revised Code; a	2651
presidential elector; a delegate to a national convention; village	2652
or township officials and employees; any physician or psychiatrist	2653
who is paid a salary or wage in accordance with schedule C of	2654
section 124.15 or schedule E-2 of section 124.152 of the Revised	2655
Code and whose primary duties do not require the exercise of	2656
administrative discretion; or any member of a board, commission,	2657
or bureau of any county or city who receives less than one	2658
thousand dollars per year for serving in that position.	2659

Sec. 103.0521. If a rule currently in effect is obsolete	2660
because the rule was adopted by an agency that is no longer in	2661
existence and jurisdiction over the rule has not been transferred	2662
to another agency, and if that status is verified by the executive	2663
director of the joint committee on agency rule review, the	2664
executive director shall prepare, for consideration of the joint	2665
committee, a motion that the director of the legislative service	2666
commission remove the obsolete rule from the Administrative Code.	2667
The executive director shall transmit a copy of the motion to the	2668
common sense initiative office before the next meeting of the	2669
joint committee.	2670

The chairperson of the joint committee, or another member of	2671
the joint committee delegated by the chairperson, shall offer the	2672
motion at the next meeting of the joint committee. If the motion	2673
is agreed to by the joint committee, the executive director shall	2674
transmit a copy of the motion to the director of the legislative	2675
service commission. The executive director shall certify on the	2676
copy transmitted that the motion was agreed to by the joint	2677
committee.	2678

Upon receiving the certified motion, the director of the	2679
legislative service commission shall remove the obsolete rule from	2680
the Administrative Code as directed in the motion. The director	2681
thereafter shall maintain the removed obsolete rule in a file of	2682
obsolete rules. The file of obsolete rules may be maintained in	2683
electronic form.	2684

Sec. 103.144. As used in sections 103.144 to 103.146 of the	2685
Revised Code:	2686

(A) "Mandated benefit" means the following, when considered	2687
in the context of a sickness and accident insurance policy or a	2688
health insuring corporation policy, contract, or agreement:	2689

(1) Any required coverage for a specific medical or	2690
health-related service, treatment, medication, or practice;	2691

(2) Any required coverage for the services of specific health	2692
care providers;	2693

(3) Any requirement that an insurer or health insuring	2694
corporation offer coverage to specific individuals or groups;	2695

(4) Any requirement that an insurer or health insuring	2696
corporation offer specific medical or health-related services,	2697
treatments, medications, or practices to existing insureds or	2698
enrollees;	2699

(5) Any required expansion of, or addition to, existing	2700
coverage;	2701

(6) Any mandated reimbursement amount to specific health care	2702
providers.	2703

(B) "Mandated benefit" does not include any required coverage	2704
or offer of coverage, any required expansion of, or addition to,	2705
existing coverage, or any mandated reimbursement amount to	2706
specific providers, as described in division (A) of this section,	2707
within the context of any public health benefits arrangement,	2708
including but not limited to, the coverage of beneficiaries	2709
enrolled in ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	2710
~~(1935), 42 U.S.C.A. 301, as amended,~~medicare pursuant to a	2711
medicare risk contract or medicare cost contract, or to the	2712
coverage of beneficiaries enrolled in ~~Title XIX of the "Social~~	2713
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	2714
~~known as the medical assistance program or~~ medicaid~~, provided by~~	2715
~~the Ohio department of job and family services under Chapter 5111.~~	2716
~~of the Revised Code~~.	2717

Sec. 103.63. There is established an Ohio constitutional	2718
modernization commission consisting of thirty-two members. Twelve	2719
members shall be appointed from the general assembly as follows:	2720
three by the president of the senate, three by the minority leader	2721
of the senate, three by the speaker of the house of	2722
representatives, and three by the minority leader of the house of	2723
representatives. Not later than January 1, 2012, and every two	2724
years thereafter, the twelve general assembly members shall meet,	2725
organize, and elect two co-chairpersons, who shall be from	2726
different political parties. Beginning in 2014, the twelve general	2727
assembly members shall elect one co-chairperson from each house of	2728
the general assembly. The members shall then, by majority vote,	2729
appoint twenty commission members, not from the general assembly.	2730
All appointments shall end on the first day of January of every	2731
even-numbered year, and the commission shall then be re-created in	2732
the manner provided above. Members may be reappointed. Vacancies	2733
on the commission shall be filled in the manner provided for	2734
original appointments.	2735

The members of the commission shall serve without	2736
compensation, but each member shall be reimbursed for actual and	2737
necessary expenses incurred while engaging in the performance of	2738
the member's official duties. Membership on the commission does	2739
not constitute holding another public office. The joint	2740
legislative ethics committee is the appropriate ethics commission	2741
as described in division (F) of section 102.01 of the Revised Code	2742
for matters relating to the public members appointed to the Ohio	2743
constitutional modernization commission.	2744

Sec. 107.033. As part of the state budget the governor	2745
submits to the general assembly under section 107.03 of the	2746
Revised Code, the governor shall include the state appropriation	2747
limitations the general assembly shall not exceed when making	2748
aggregate general revenue fund appropriations for each respective	2749
fiscal year of the biennium covered by that budget. The aggregate	2750
general revenue fund appropriations the governor proposes in the	2751
state budget also shall not exceed those limitations for each	2752
respective fiscal year of the biennium covered by that budget.	2753

(A) For fiscal year 2008, the state appropriation limitation	2754
is the sum of the following:	2755

(1) The aggregate general revenue fund appropriations for	2756
fiscal year 2007; plus	2757

(2) The aggregate general revenue fund appropriations for	2758
fiscal year 2007 multiplied by either three and one-half per cent,	2759
or the sum of the rate of inflation plus the rate of population	2760
change, whichever is greater.	2761

(B) For each fiscal year thereafter that is not a recast	2762
fiscal year, the state appropriation limitation is the sum of the	2763
following:	2764

(1) The state appropriation limitation for the previous	2765
fiscal year; plus	2766

(2) The state appropriation limitation for the previous	2767
fiscal year multiplied by either three and one-half per cent, or	2768
the sum of the rate of inflation plus the rate of population	2769
change, whichever is greater.	2770

(C) For each recast fiscal year, the state appropriation	2771
limitation is the sum of the following:	2772

(1) The aggregate general revenue fund appropriations for the	2773
previous fiscal year; plus	2774

(2) The aggregate general revenue fund appropriations for the	2775
previous fiscal year multiplied by either three and one-half per	2776
cent, or the sum of the rate of inflation plus the rate of	2777
population change, whichever is greater.	2778

(D) The state appropriation limitation for a fiscal year	2779
shall be increased by the amount of a nongeneral revenue fund	2780
appropriation made in the immediately preceding fiscal year, if	2781
all of the following apply to the nongeneral revenue fund	2782
appropriation:	2783

(1) It was made on or after July 1, 2013.

2784

(2) It is included in the aggregate general revenue fund	2785
appropriations proposed for that fiscal year.	2786

(3) It is being made for the first time from the general	2787
revenue fund.	2788

Sec. 107.12. (A) As used in this section, "organization"	2789
means a faith-based or other organization that is exempt from	2790
federal income taxation under section 501(c)(3) of the "Internal	2791
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	2792
and provides charitable services to needy residents of this state.	2793

(B) There is hereby established within the office of the	2794
governor the governor's office of faith-based and community	2795
initiatives. The office shall:	2796

(1) Serve as a clearinghouse of information on federal,	2797
state, and local funding for charitable services performed by	2798
organizations;	2799

(2) Encourage organizations to seek public funding for their	2800
charitable services;	2801

(3) Assist local, state, and federal agencies in coordinating	2802
their activities to secure maximum use of funds and efforts that	2803
benefit people receiving charitable services from organizations;	2804

(4) Advise the governor, general assembly, and the advisory	2805
board of the governor's office of faith-based and community	2806
initiatives on the barriers that exist to collaboration between	2807
organizations and governmental entities and on ways to remove the	2808
barriers.	2809

(C) The governor shall appoint an executive director and such	2810
other staff as may be necessary to manage the office and perform	2811
or oversee the performance of the duties of the office. Within	2812
sixty days after being appointed, and every twelve months	2813
thereafter, the executive director shall distribute to the	2814
advisory board and review with the board a strategic plan. The	2815
executive director shall report to the board at least quarterly on	2816
proposed initiatives and policies. A report shall include the	2817
condition of the budget and the finances of the office.	2818

(D)(1) There is hereby created the advisory board of the	2819
governor's office of faith-based and community initiatives. The	2820
board shall consist of the following members:	2821

(a) The directors of aging, ~~alcohol and drug addiction~~	2822
~~services,~~ rehabilitation and correction, health, job and family	2823
services, developmental disabilities, ~~mental health~~mental health	2824
and addiction services, and youth services, or their designees;	2825

(b) The speaker of the house of representatives shall appoint	2826
to the board two members of the house of representatives, not more	2827
than one of whom shall be from the same political party and at	2828
least one of whom shall be from the legislative black caucus. The	2829
president of the senate shall appoint to the board two members of	2830
the senate, not more than one of whom shall be from the same	2831
political party.	2832

(c) The governor, the speaker of the house of	2833
representatives, and the president of the senate shall each	2834
appoint to the board three representatives of the nonprofit,	2835
faith-based and other nonprofit community.	2836

(2) Terms of the office shall be one year. Any vacancy that	2837
occurs on the board shall be filled in the same manner as the	2838
original appointment.	2839

(3) Members of the board are not entitled to compensation,	2840
but the members appointed by the governor, the speaker of the	2841
house of representatives, and the president of the senate who are	2842
representatives of the nonprofit, faith-based and other nonprofit	2843
community shall be reimbursed for their actual and necessary	2844
expenses that are incurred in relation to board meetings.	2845

(4) The board shall be presided over by a chairperson and a	2846
vice-chairperson, who shall be the members of the board who are	2847
also members of the house of representatives or the senate.	2848
Annually on the first day of January, the chairpersonship and	2849
vice-chairpersonship shall alternate between the members of the	2850
house of representatives and the senate.	2851

(E) The board shall have the following duties:

2852

(1) Provide direction, guidance, and oversight to the office;

2853

(2) Assist in the dissemination of information about, and in	2854
the stimulation of public awareness of, the service programs	2855
supported by the office;	2856

(3) Review the budget and finances of the office, proposed	2857
initiatives and policies, and the executive director's annual	2858
strategic plan at board meetings;	2859

(4) Provide feedback for and proposed modifications of the	2860
executive director's strategic plan. Within forty-five days after	2861
submitting a strategic plan, the executive director shall contact	2862
each advisory board member to obtain feedback. With the approval	2863
of the advisory board chairperson, the executive director shall	2864
lead a strategic plan discussion at the first board meeting	2865
following the distribution of the strategic plan.	2866

(5) Publish a report of its activities and accomplishments on	2867
or before the first day of August of each year, and deliver copies	2868
of the report to the governor, the speaker and minority leader of	2869
the house of representatives, and the president and minority	2870
leader of the senate.	2871

(F) No member of the board or organization that the member is	2872
affiliated or involved with is eligible to receive any grant that	2873
the office administers or assists in administering.	2874

Sec. 109.06. Before entering upon the discharge of the	2875
duties of ~~his~~ office, the attorney general shall give a bond to	2876
the state in the sum of five thousand dollars, with ~~two or more~~	2877
~~sureties approved by the governor~~a surety authorized to do	2878
business in the state, conditioned for the faithful discharge of	2879
the duties of ~~his~~the office of attorney general. Such bond~~, with~~	2880
~~the approval of the governor~~ and the oath of office ~~indorsed~~	2881
~~thereon,~~ shall be deposited with and kept by the secretary of	2882
state ~~and kept~~ in ~~his~~the secretary of state's office.	2883

The first assistant attorney general shall give a bond to the	2884
state in the sum of five thousand dollars, and such other	2885
employees as are designated by the attorney general shall give a	2886
bond to the state in such amounts as the attorney general	2887
determines. Such bonds shall be approved by the attorney general,	2888
conditioned for the faithful discharge of the duties of their	2889
offices, and shall be deposited with and kept by the secretary of	2890
state ~~and kept~~ in ~~his~~the secretary of state's office.	2891

Sec. 109.36. As used in this section and sections 109.361 to	2892
109.366 of the Revised Code:	2893

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

2894

(a) A person who, at the time a cause of action against the	2895
person arises, is serving in an elected or appointed office or	2896
position with the state or is employed by the state.	2897

(b) A person that, at the time a cause of action against the	2898
person, partnership, or corporation arises, is rendering medical,	2899
nursing, dental, podiatric, optometric, physical therapeutic,	2900
psychiatric, or psychological services pursuant to a personal	2901
services contract or purchased service contract with a department,	2902
agency, or institution of the state.	2903

(c) A person that, at the time a cause of action against the	2904
person, partnership, or corporation arises, is rendering peer	2905
review, utilization review, or drug utilization review services in	2906
relation to medical, nursing, dental, podiatric, optometric,	2907
physical therapeutic, psychiatric, or psychological services	2908
pursuant to a personal services contract or purchased service	2909
contract with a department, agency, or institution of the state.	2910

(d) A person who, at the time a cause of action against the	2911
person arises, is rendering medical, nursing, dental, podiatric,	2912
optometric, physical therapeutic, psychiatric, or psychological	2913
services to patients in a state institution operated by the	2914
department of ~~mental health~~mental health and addiction services	2915
pursuant to an agreement with the department.	2916

(2) "Officer or employee" does not include any person	2917
elected, appointed, or employed by any political subdivision of	2918
the state.	2919

(B) "State" means the state of Ohio, including but not	2920
limited to, the general assembly, the supreme court, courts of	2921
appeals, the offices of all elected state officers, and all	2922
departments, boards, offices, commissions, agencies, institutions,	2923
and other instrumentalities of the state of Ohio. "State" does not	2924
include political subdivisions.	2925

(C) "Political subdivisions" of the state means municipal	2926
corporations, townships, counties, school districts, and all other	2927
bodies corporate and politic responsible for governmental	2928
activities only in geographical areas smaller than that of the	2929
state.	2930

(D) "Employer" means the general assembly, the supreme court,	2931
courts of appeals, any office of an elected state officer, or any	2932
department, board, office, commission, agency, institution, or	2933
other instrumentality of the state of Ohio that employs or	2934
contracts with an officer or employee or to which an officer or	2935
employee is elected or appointed.	2936

Sec. 109.57. (A)(1) The superintendent of the bureau of	2937
criminal identification and investigation shall procure from	2938
wherever procurable and file for record photographs, pictures,	2939
descriptions, fingerprints, measurements, and other information	2940
that may be pertinent of all persons who have been convicted of	2941
committing within this state a felony, any crime constituting a	2942
misdemeanor on the first offense and a felony on subsequent	2943
offenses, or any misdemeanor described in division (A)(1)(a),	2944
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	2945
all children under eighteen years of age who have been adjudicated	2946
delinquent children for committing within this state an act that	2947
would be a felony or an offense of violence if committed by an	2948
adult or who have been convicted of or pleaded guilty to	2949
committing within this state a felony or an offense of violence,	2950
and of all well-known and habitual criminals. The person in charge	2951
of any county, multicounty, municipal, municipal-county, or	2952
multicounty-municipal jail or workhouse, community-based	2953
correctional facility, halfway house, alternative residential	2954
facility, or state correctional institution and the person in	2955
charge of any state institution having custody of a person	2956
suspected of having committed a felony, any crime constituting a	2957
misdemeanor on the first offense and a felony on subsequent	2958
offenses, or any misdemeanor described in division (A)(1)(a),	2959
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	2960
having custody of a child under eighteen years of age with respect	2961
to whom there is probable cause to believe that the child may have	2962
committed an act that would be a felony or an offense of violence	2963
if committed by an adult shall furnish such material to the	2964
superintendent of the bureau. Fingerprints, photographs, or other	2965
descriptive information of a child who is under eighteen years of	2966
age, has not been arrested or otherwise taken into custody for	2967
committing an act that would be a felony or an offense of violence	2968
who is not in any other category of child specified in this	2969
division, if committed by an adult, has not been adjudicated a	2970
delinquent child for committing an act that would be a felony or	2971
an offense of violence if committed by an adult, has not been	2972
convicted of or pleaded guilty to committing a felony or an	2973
offense of violence, and is not a child with respect to whom there	2974
is probable cause to believe that the child may have committed an	2975
act that would be a felony or an offense of violence if committed	2976
by an adult shall not be procured by the superintendent or	2977
furnished by any person in charge of any county, multicounty,	2978
municipal, municipal-county, or multicounty-municipal jail or	2979
workhouse, community-based correctional facility, halfway house,	2980
alternative residential facility, or state correctional	2981
institution, except as authorized in section 2151.313 of the	2982
Revised Code.	2983

(2) Every clerk of a court of record in this state, other	2984
than the supreme court or a court of appeals, shall send to the	2985
superintendent of the bureau a weekly report containing a summary	2986
of each case involving a felony, involving any crime constituting	2987
a misdemeanor on the first offense and a felony on subsequent	2988
offenses, involving a misdemeanor described in division (A)(1)(a),	2989
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	2990
involving an adjudication in a case in which a child under	2991
eighteen years of age was alleged to be a delinquent child for	2992
committing an act that would be a felony or an offense of violence	2993
if committed by an adult. The clerk of the court of common pleas	2994
shall include in the report and summary the clerk sends under this	2995
division all information described in divisions (A)(2)(a) to (f)	2996
of this section regarding a case before the court of appeals that	2997
is served by that clerk. The summary shall be written on the	2998
standard forms furnished by the superintendent pursuant to	2999
division (B) of this section and shall include the following	3000
information:	3001

(a) The incident tracking number contained on the standard	3002
forms furnished by the superintendent pursuant to division (B) of	3003
this section;	3004

(b) The style and number of the case;

3005

3006

(d) The date that the person was convicted of or pleaded	3007
guilty to the offense, adjudicated a delinquent child for	3008
committing the act that would be a felony or an offense of	3009
violence if committed by an adult, found not guilty of the	3010
offense, or found not to be a delinquent child for committing an	3011
act that would be a felony or an offense of violence if committed	3012
by an adult, the date of an entry dismissing the charge, an entry	3013
declaring a mistrial of the offense in which the person is	3014
discharged, an entry finding that the person or child is not	3015
competent to stand trial, or an entry of a nolle prosequi, or the	3016
date of any other determination that constitutes final resolution	3017
of the case;	3018

(e) A statement of the original charge with the section of	3019
the Revised Code that was alleged to be violated;	3020

(f) If the person or child was convicted, pleaded guilty, or	3021
was adjudicated a delinquent child, the sentence or terms of	3022
probation imposed or any other disposition of the offender or the	3023
delinquent child.	3024

If the offense involved the disarming of a law enforcement	3025
officer or an attempt to disarm a law enforcement officer, the	3026
clerk shall clearly state that fact in the summary, and the	3027
superintendent shall ensure that a clear statement of that fact is	3028
placed in the bureau's records.	3029

(3) The superintendent shall cooperate with and assist	3030
sheriffs, chiefs of police, and other law enforcement officers in	3031
the establishment of a complete system of criminal identification	3032
and in obtaining fingerprints and other means of identification of	3033
all persons arrested on a charge of a felony, any crime	3034
constituting a misdemeanor on the first offense and a felony on	3035
subsequent offenses, or a misdemeanor described in division	3036
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	3037
Revised Code and of all children under eighteen years of age	3038
arrested or otherwise taken into custody for committing an act	3039
that would be a felony or an offense of violence if committed by	3040
an adult. The superintendent also shall file for record the	3041
fingerprint impressions of all persons confined in a county,	3042
multicounty, municipal, municipal-county, or multicounty-municipal	3043
jail or workhouse, community-based correctional facility, halfway	3044
house, alternative residential facility, or state correctional	3045
institution for the violation of state laws and of all children	3046
under eighteen years of age who are confined in a county,	3047
multicounty, municipal, municipal-county, or multicounty-municipal	3048
jail or workhouse, community-based correctional facility, halfway	3049
house, alternative residential facility, or state correctional	3050
institution or in any facility for delinquent children for	3051
committing an act that would be a felony or an offense of violence	3052
if committed by an adult, and any other information that the	3053
superintendent may receive from law enforcement officials of the	3054
state and its political subdivisions.	3055

(4) The superintendent shall carry out Chapter 2950. of the	3056
Revised Code with respect to the registration of persons who are	3057
convicted of or plead guilty to a sexually oriented offense or a	3058
child-victim oriented offense and with respect to all other duties	3059
imposed on the bureau under that chapter.	3060

(5) The bureau shall perform centralized recordkeeping	3061
functions for criminal history records and services in this state	3062
for purposes of the national crime prevention and privacy compact	3063
set forth in section 109.571 of the Revised Code and is the	3064
criminal history record repository as defined in that section for	3065
purposes of that compact. The superintendent or the	3066
superintendent's designee is the compact officer for purposes of	3067
that compact and shall carry out the responsibilities of the	3068
compact officer specified in that compact.	3069

(B) The superintendent shall prepare and furnish to every	3070
county, multicounty, municipal, municipal-county, or	3071
multicounty-municipal jail or workhouse, community-based	3072
correctional facility, halfway house, alternative residential	3073
facility, or state correctional institution and to every clerk of	3074
a court in this state specified in division (A)(2) of this section	3075
standard forms for reporting the information required under	3076
division (A) of this section. The standard forms that the	3077
superintendent prepares pursuant to this division may be in a	3078
tangible format, in an electronic format, or in both tangible	3079
formats and electronic formats.	3080

(C)(1) The superintendent may operate a center for	3081
electronic, automated, or other data processing for the storage	3082
and retrieval of information, data, and statistics pertaining to	3083
criminals and to children under eighteen years of age who are	3084
adjudicated delinquent children for committing an act that would	3085
be a felony or an offense of violence if committed by an adult,	3086
criminal activity, crime prevention, law enforcement, and criminal	3087
justice, and may establish and operate a statewide communications	3088
network to be known as the Ohio law enforcement gateway to gather	3089
and disseminate information, data, and statistics for the use of	3090
law enforcement agencies and for other uses specified in this	3091
division. The superintendent may gather, store, retrieve, and	3092
disseminate information, data, and statistics that pertain to	3093
children who are under eighteen years of age and that are gathered	3094
pursuant to sections 109.57 to 109.61 of the Revised Code together	3095
with information, data, and statistics that pertain to adults and	3096
that are gathered pursuant to those sections.	3097

(2) The superintendent or the superintendent's designee shall	3098
gather information of the nature described in division (C)(1) of	3099
this section that pertains to the offense and delinquency history	3100
of a person who has been convicted of, pleaded guilty to, or been	3101
adjudicated a delinquent child for committing a sexually oriented	3102
offense or a child-victim oriented offense for inclusion in the	3103
state registry of sex offenders and child-victim offenders	3104
maintained pursuant to division (A)(1) of section 2950.13 of the	3105
Revised Code and in the internet database operated pursuant to	3106
division (A)(13) of that section and for possible inclusion in the	3107
internet database operated pursuant to division (A)(11) of that	3108
section.	3109

(3) In addition to any other authorized use of information,	3110
data, and statistics of the nature described in division (C)(1) of	3111
this section, the superintendent or the superintendent's designee	3112
may provide and exchange the information, data, and statistics	3113
pursuant to the national crime prevention and privacy compact as	3114
described in division (A)(5) of this section.	3115

(4) The attorney general may adopt rules under Chapter 119.	3116
of the Revised Code establishing guidelines for the operation of	3117
and participation in the Ohio law enforcement gateway. The rules	3118
may include criteria for granting and restricting access to	3119
information gathered and disseminated through the Ohio law	3120
enforcement gateway. The attorney general shall permit the state	3121
medical board and board of nursing to access and view, but not	3122
alter, information gathered and disseminated through the Ohio law	3123
enforcement gateway.	3124

The attorney general may appoint a steering committee to	3125
advise the attorney general in the operation of the Ohio law	3126
enforcement gateway that is comprised of persons who are	3127
representatives of the criminal justice agencies in this state	3128
that use the Ohio law enforcement gateway and is chaired by the	3129
superintendent or the superintendent's designee.	3130

(D)(1) The following are not public records under section	3131
149.43 of the Revised Code:	3132

(a) Information and materials furnished to the superintendent	3133
pursuant to division (A) of this section;	3134

(b) Information, data, and statistics gathered or	3135
disseminated through the Ohio law enforcement gateway pursuant to	3136
division (C)(1) of this section;	3137

(c) Information and materials furnished to any board or	3138
person under division (F) or (G) of this section.	3139

(2) The superintendent or the superintendent's designee shall	3140
gather and retain information so furnished under division (A) of	3141
this section that pertains to the offense and delinquency history	3142
of a person who has been convicted of, pleaded guilty to, or been	3143
adjudicated a delinquent child for committing a sexually oriented	3144
offense or a child-victim oriented offense for the purposes	3145
described in division (C)(2) of this section.	3146

(E)(1) The attorney general shall adopt rules, in accordance	3147
with Chapter 119. of the Revised Code and subject to division	3148
(E)(2) of this section, setting forth the procedure by which a	3149
person may receive or release information gathered by the	3150
superintendent pursuant to division (A) of this section. A	3151
reasonable fee may be charged for this service. If a temporary	3152
employment service submits a request for a determination of	3153
whether a person the service plans to refer to an employment	3154
position has been convicted of or pleaded guilty to an offense	3155
listed or described in division (A)(1), (2), or (3) of section	3156
109.572 of the Revised Code, the request shall be treated as a	3157
single request and only one fee shall be charged.	3158

(2) Except as otherwise provided in this division, a rule	3159
adopted under division (E)(1) of this section may provide only for	3160
the release of information gathered pursuant to division (A) of	3161
this section that relates to the conviction of a person, or a	3162
person's plea of guilty to, a criminal offense. The superintendent	3163
shall not release, and the attorney general shall not adopt any	3164
rule under division (E)(1) of this section that permits the	3165
release of, any information gathered pursuant to division (A) of	3166
this section that relates to an adjudication of a child as a	3167
delinquent child, or that relates to a criminal conviction of a	3168
person under eighteen years of age if the person's case was	3169
transferred back to a juvenile court under division (B)(2) or (3)	3170
of section 2152.121 of the Revised Code and the juvenile court	3171
imposed a disposition or serious youthful offender disposition	3172
upon the person under either division, unless either of the	3173
following applies with respect to the adjudication or conviction:	3174

(a) The adjudication or conviction was for a violation of	3175
section 2903.01 or 2903.02 of the Revised Code.	3176

(b) The adjudication or conviction was for a sexually	3177
oriented offense, the juvenile court was required to classify the	3178
child a juvenile offender registrant for that offense under	3179
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	3180
classification has not been removed.	3181

(F)(1) As used in division (F)(2) of this section, "head	3182
start agency" means an entity in this state that has been approved	3183
to be an agency for purposes of subchapter II of the "Community	3184
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	3185
as amended.	3186

(2)(a) In addition to or in conjunction with any request that	3187
is required to be made under section 109.572, 2151.86, 3301.32,	3188
3301.541, division (C) of section 3310.58, or section 3319.39,	3189
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	3190
5153.111 of the Revised Code or that is made under section	3191
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	3192
board of education of any school district; the director of	3193
developmental disabilities; any county board of developmental	3194
disabilities; any provider or subcontractor as defined in section	3195
5123.081 of the Revised Code; the chief administrator of any	3196
chartered nonpublic school; the chief administrator of a	3197
registered private provider that is not also a chartered nonpublic	3198
school; the chief administrator of any home health agency; the	3199
chief administrator of or person operating any child day-care	3200
center, type A family day-care home, or type B family day-care	3201
home licensed or certified under Chapter 5104. of the Revised	3202
Code; the administrator of any type C family day-care home	3203
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	3204
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	3205
general assembly; the chief administrator of any head start	3206
agency; the executive director of a public children services	3207
agency; a private company described in section 3314.41, 3319.392,	3208
3326.25, or 3328.20 of the Revised Code; or an employer described	3209
in division (J)(2) of section 3327.10 of the Revised Code may	3210
request that the superintendent of the bureau investigate and	3211
determine, with respect to any individual who has applied for	3212
employment in any position after October 2, 1989, or any	3213
individual wishing to apply for employment with a board of	3214
education may request, with regard to the individual, whether the	3215
bureau has any information gathered under division (A) of this	3216
section that pertains to that individual. On receipt of the	3217
request, subject to division (E)(2) of this section, the	3218
superintendent shall determine whether that information exists	3219
and, upon request of the person, board, or entity requesting	3220
information, also shall request from the federal bureau of	3221
investigation any criminal records it has pertaining to that	3222
individual. The superintendent or the superintendent's designee	3223
also may request criminal history records from other states or the	3224
federal government pursuant to the national crime prevention and	3225
privacy compact set forth in section 109.571 of the Revised Code.	3226
Within thirty days of the date that the superintendent receives a	3227
request, subject to division (E)(2) of this section, the	3228
superintendent shall send to the board, entity, or person a report	3229
of any information that the superintendent determines exists,	3230
including information contained in records that have been sealed	3231
under section 2953.32 of the Revised Code, and, within thirty days	3232
of its receipt, subject to division (E)(2) of this section, shall	3233
send the board, entity, or person a report of any information	3234
received from the federal bureau of investigation, other than	3235
information the dissemination of which is prohibited by federal	3236
law.	3237

(b) When a board of education or a registered private	3238
provider is required to receive information under this section as	3239
a prerequisite to employment of an individual pursuant to division	3240
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	3241
may accept a certified copy of records that were issued by the	3242
bureau of criminal identification and investigation and that are	3243
presented by an individual applying for employment with the	3244
district in lieu of requesting that information itself. In such a	3245
case, the board shall accept the certified copy issued by the	3246
bureau in order to make a photocopy of it for that individual's	3247
employment application documents and shall return the certified	3248
copy to the individual. In a case of that nature, a district or	3249
provider only shall accept a certified copy of records of that	3250
nature within one year after the date of their issuance by the	3251
bureau.	3252

(c) Notwithstanding division (F)(2)(a) of this section, in	3253
the case of a request under section 3319.39, 3319.391, or 3327.10	3254
of the Revised Code only for criminal records maintained by the	3255
federal bureau of investigation, the superintendent shall not	3256
determine whether any information gathered under division (A) of	3257
this section exists on the person for whom the request is made.	3258

(3) The state board of education may request, with respect to	3259
any individual who has applied for employment after October 2,	3260
1989, in any position with the state board or the department of	3261
education, any information that a school district board of	3262
education is authorized to request under division (F)(2) of this	3263
section, and the superintendent of the bureau shall proceed as if	3264
the request has been received from a school district board of	3265
education under division (F)(2) of this section.	3266

(4) When the superintendent of the bureau receives a request	3267
for information under section 3319.291 of the Revised Code, the	3268
superintendent shall proceed as if the request has been received	3269
from a school district board of education and shall comply with	3270
divisions (F)(2)(a) and (c) of this section.	3271

(5) When a recipient of a classroom reading improvement grant	3272
paid under section 3301.86 of the Revised Code requests, with	3273
respect to any individual who applies to participate in providing	3274
any program or service funded in whole or in part by the grant,	3275
the information that a school district board of education is	3276
authorized to request under division (F)(2)(a) of this section,	3277
the superintendent of the bureau shall proceed as if the request	3278
has been received from a school district board of education under	3279
division (F)(2)(a) of this section.	3280

(G) In addition to or in conjunction with any request that is	3281
required to be made under section 3701.881, 3712.09, or 3721.121	3282
of the Revised Code with respect to an individual who has applied	3283
for employment in a position that involves providing direct care	3284
to an older adult or adult resident, the chief administrator of a	3285
home health agency, hospice care program, home licensed under	3286
Chapter 3721. of the Revised Code, or adult day-care program	3287
operated pursuant to rules adopted under section 3721.04 of the	3288
Revised Code may request that the superintendent of the bureau	3289
investigate and determine, with respect to any individual who has	3290
applied after January 27, 1997, for employment in a position that	3291
does not involve providing direct care to an older adult or adult	3292
resident, whether the bureau has any information gathered under	3293
division (A) of this section that pertains to that individual.	3294

In addition to or in conjunction with any request that is	3295
required to be made under section 173.27 of the Revised Code with	3296
respect to an individual who has applied for employment in a	3297
position that involves providing ~~ombudsperson~~ombudsman services	3298
to residents of long-term care facilities or recipients of	3299
community-based long-term care services, the state long-term care	3300
~~ombudsperson~~ombudsman, ~~ombudsperson's designee, or~~the director	3301
of ~~health~~aging, a regional long-term care ombudsman, or the	3302
designee of the ombudsman, director, or program may request that	3303
the superintendent investigate and determine, with respect to any	3304
individual who has applied for employment in a position that does	3305
not involve providing such ~~ombudsperson~~ombudsman services,	3306
whether the bureau has any information gathered under division (A)	3307
of this section that pertains to that applicant.	3308

In addition to or in conjunction with any request that is	3309
required to be made under section ~~173.394~~173.38 of the Revised	3310
Code with respect to an individual who has applied for employment	3311
in a direct-care position ~~that involves providing direct care to~~	3312
~~an individual~~, the chief administrator of a ~~community-based~~	3313
~~long-term care agency~~provider, as defined in section 173.39 of	3314
the Revised Code, may request that the superintendent investigate	3315
and determine, with respect to any individual who has applied for	3316
employment in a position that ~~does~~is not ~~involve providing direct~~	3317
~~care~~a direct-care position, whether the bureau has any	3318
information gathered under division (A) of this section that	3319
pertains to that applicant.	3320

In addition to or in conjunction with any request that is	3321
required to be made under section 3712.09 of the Revised Code with	3322
respect to an individual who has applied for employment in a	3323
position that involves providing direct care to a pediatric	3324
respite care patient, the chief administrator of a pediatric	3325
respite care program may request that the superintendent of the	3326
bureau investigate and determine, with respect to any individual	3327
who has applied for employment in a position that does not involve	3328
providing direct care to a pediatric respite care patient, whether	3329
the bureau has any information gathered under division (A) of this	3330
section that pertains to that individual.	3331

On receipt of a request under this division, the	3332
superintendent shall determine whether that information exists	3333
and, on request of the individual requesting information, shall	3334
also request from the federal bureau of investigation any criminal	3335
records it has pertaining to the applicant. The superintendent or	3336
the superintendent's designee also may request criminal history	3337
records from other states or the federal government pursuant to	3338
the national crime prevention and privacy compact set forth in	3339
section 109.571 of the Revised Code. Within thirty days of the	3340
date a request is received, subject to division (E)(2) of this	3341
section, the superintendent shall send to the requester a report	3342
of any information determined to exist, including information	3343
contained in records that have been sealed under section 2953.32	3344
of the Revised Code, and, within thirty days of its receipt, shall	3345
send the requester a report of any information received from the	3346
federal bureau of investigation, other than information the	3347
dissemination of which is prohibited by federal law.	3348

(H) Information obtained by a government entity or person	3349
under this section is confidential and shall not be released or	3350
disseminated.	3351

(I) The superintendent may charge a reasonable fee for	3352
providing information or criminal records under division (F)(2) or	3353
(G) of this section.	3354

(J) As used in this section:

3355

(1) "Pediatric respite care program" and "pediatric respite	3356
care patient" have the same meanings as in section 3712.01 of the	3357
Revised Code.	3358

(2) "Sexually oriented offense" and "child-victim oriented	3359
offense" have the same meanings as in section 2950.01 of the	3360
Revised Code.	3361

(3) "Registered private provider" means a nonpublic school or	3362
entity registered with the superintendent of public instruction	3363
under section 3310.41 of the Revised Code to participate in the	3364
autism scholarship program or section 3310.58 of the Revised Code	3365
to participate in the Jon Peterson special needs scholarship	3366
program.	3367

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	3368
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	3369
a completed form prescribed pursuant to division (C)(1) of this	3370
section, and a set of fingerprint impressions obtained in the	3371
manner described in division (C)(2) of this section, the	3372
superintendent of the bureau of criminal identification and	3373
investigation shall conduct a criminal records check in the manner	3374
described in division (B) of this section to determine whether any	3375
information exists that indicates that the person who is the	3376
subject of the request previously has been convicted of or pleaded	3377
guilty to any of the following:	3378

(a) A violation of section 2903.01, 2903.02, 2903.03,	3379
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3380
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3381
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3382
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	3383
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	3384
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	3385
2925.06, or 3716.11 of the Revised Code, felonious sexual	3386
penetration in violation of former section 2907.12 of the Revised	3387
Code, a violation of section 2905.04 of the Revised Code as it	3388
existed prior to July 1, 1996, a violation of section 2919.23 of	3389
the Revised Code that would have been a violation of section	3390
2905.04 of the Revised Code as it existed prior to July 1, 1996,	3391
had the violation been committed prior to that date, or a	3392
violation of section 2925.11 of the Revised Code that is not a	3393
minor drug possession offense;	3394

(b) A violation of an existing or former law of this state,	3395
any other state, or the United States that is substantially	3396
equivalent to any of the offenses listed in division (A)(1)(a) of	3397
this section;	3398

(c) If the request is made pursuant to section 3319.39 of the	3399
Revised Code for an applicant who is a teacher, any offense	3400
specified in section 3319.31 of the Revised Code.	3401

(2) On receipt of a request pursuant to section 3712.09 or	3402
3721.121 of the Revised Code, a completed form prescribed pursuant	3403
to division (C)(1) of this section, and a set of fingerprint	3404
impressions obtained in the manner described in division (C)(2) of	3405
this section, the superintendent of the bureau of criminal	3406
identification and investigation shall conduct a criminal records	3407
check with respect to any person who has applied for employment in	3408
a position for which a criminal records check is required by those	3409
sections. The superintendent shall conduct the criminal records	3410
check in the manner described in division (B) of this section to	3411
determine whether any information exists that indicates that the	3412
person who is the subject of the request previously has been	3413
convicted of or pleaded guilty to any of the following:	3414

(a) A violation of section 2903.01, 2903.02, 2903.03,	3415
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3416
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3417
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3418
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3419
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3420
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3421
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3422
2925.22, 2925.23, or 3716.11 of the Revised Code;	3423

(b) An existing or former law of this state, any other state,	3424
or the United States that is substantially equivalent to any of	3425
the offenses listed in division (A)(2)(a) of this section.	3426

(3) On receipt of a request pursuant to section 173.27,	3427
~~173.394~~173.38, 3701.881, ~~5111.032~~5164.34, ~~5111.033~~5164.341,	3428
~~5111.034~~5164.342, 5123.081, or 5123.169 of the Revised Code, a	3429
completed form prescribed pursuant to division (C)(1) of this	3430
section, and a set of fingerprint impressions obtained in the	3431
manner described in division (C)(2) of this section, the	3432
superintendent of the bureau of criminal identification and	3433
investigation shall conduct a criminal records check of the person	3434
for whom the request is made. The superintendent shall conduct the	3435
criminal records check in the manner described in division (B) of	3436
this section to determine whether any information exists that	3437
indicates that the person who is the subject of the request	3438
previously has been convicted of, has pleaded guilty to, or	3439
(except in the case of a request pursuant to section 5164.34,	3440
5164.341, or 5164.342 of the Revised Code) has been found eligible	3441
for intervention in lieu of conviction for any of the following,	3442
regardless of the date of the conviction, the date of entry of the	3443
guilty plea, or (except in the case of a request pursuant to	3444
section 5164.34, 5164.341, or 5164.342 of the Revised Code) the	3445
date the person was found eligible for intervention in lieu of	3446
conviction:	3447

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	3448
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	3449
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	3450
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	3451
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3452
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	3453
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	3454
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	3455
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	3456
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3457
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	3458
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	3459
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,	3460
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,	3461
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,	3462
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,	3463
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,	3464
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,	3465
2927.12, or 3716.11 of the Revised Code;	3466

(b) Felonious sexual penetration in violation of former	3467
section 2907.12 of the Revised Code;	3468

(c) A violation of section 2905.04 of the Revised Code as it	3469
existed prior to July 1, 1996;	3470

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	3471
the Revised Code when the underlying offense that is the object of	3472
the conspiracy, attempt, or complicity is one of the offenses	3473
listed in divisions (A)(3)(a) to (c) of this section;	3474

(e) A violation of an existing or former municipal ordinance	3475
or law of this state, any other state, or the United States that	3476
is substantially equivalent to any of the offenses listed in	3477
divisions (A)(3)(a) to (d) of this section.	3478

(4) On receipt of a request pursuant to section 2151.86 of	3479
the Revised Code, a completed form prescribed pursuant to division	3480
(C)(1) of this section, and a set of fingerprint impressions	3481
obtained in the manner described in division (C)(2) of this	3482
section, the superintendent of the bureau of criminal	3483
identification and investigation shall conduct a criminal records	3484
check in the manner described in division (B) of this section to	3485
determine whether any information exists that indicates that the	3486
person who is the subject of the request previously has been	3487
convicted of or pleaded guilty to any of the following:	3488

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	3489
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	3490
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	3491
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3492
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	3493
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	3494
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	3495
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	3496
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	3497
of the Revised Code, a violation of section 2905.04 of the Revised	3498
Code as it existed prior to July 1, 1996, a violation of section	3499
2919.23 of the Revised Code that would have been a violation of	3500
section 2905.04 of the Revised Code as it existed prior to July 1,	3501
1996, had the violation been committed prior to that date, a	3502
violation of section 2925.11 of the Revised Code that is not a	3503
minor drug possession offense, two or more OVI or OVUAC violations	3504
committed within the three years immediately preceding the	3505
submission of the application or petition that is the basis of the	3506
request, or felonious sexual penetration in violation of former	3507
section 2907.12 of the Revised Code;	3508

(b) A violation of an existing or former law of this state,	3509
any other state, or the United States that is substantially	3510
equivalent to any of the offenses listed in division (A)(4)(a) of	3511
this section.	3512

(5) Upon receipt of a request pursuant to section 5104.012 or	3513
5104.013 of the Revised Code, a completed form prescribed pursuant	3514
to division (C)(1) of this section, and a set of fingerprint	3515
impressions obtained in the manner described in division (C)(2) of	3516
this section, the superintendent of the bureau of criminal	3517
identification and investigation shall conduct a criminal records	3518
check in the manner described in division (B) of this section to	3519
determine whether any information exists that indicates that the	3520
person who is the subject of the request has been convicted of or	3521
pleaded guilty to any of the following:	3522

(a) A violation of section 2903.01, 2903.02, 2903.03,	3523
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	3524
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	3525
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	3526
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	3527
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	3528
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	3529
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3530
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	3531
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	3532
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	3533
3716.11 of the Revised Code, felonious sexual penetration in	3534
violation of former section 2907.12 of the Revised Code, a	3535
violation of section 2905.04 of the Revised Code as it existed	3536
prior to July 1, 1996, a violation of section 2919.23 of the	3537
Revised Code that would have been a violation of section 2905.04	3538
of the Revised Code as it existed prior to July 1, 1996, had the	3539
violation been committed prior to that date, a violation of	3540
section 2925.11 of the Revised Code that is not a minor drug	3541
possession offense, a violation of section 2923.02 or 2923.03 of	3542
the Revised Code that relates to a crime specified in this	3543
division, or a second violation of section 4511.19 of the Revised	3544
Code within five years of the date of application for licensure or	3545
certification.	3546

(b) A violation of an existing or former law of this state,	3547
any other state, or the United States that is substantially	3548
equivalent to any of the offenses or violations described in	3549
division (A)(5)(a) of this section.	3550

(6) Upon receipt of a request pursuant to section 5153.111 of	3551
the Revised Code, a completed form prescribed pursuant to division	3552
(C)(1) of this section, and a set of fingerprint impressions	3553
obtained in the manner described in division (C)(2) of this	3554
section, the superintendent of the bureau of criminal	3555
identification and investigation shall conduct a criminal records	3556
check in the manner described in division (B) of this section to	3557
determine whether any information exists that indicates that the	3558
person who is the subject of the request previously has been	3559
convicted of or pleaded guilty to any of the following:	3560

(a) A violation of section 2903.01, 2903.02, 2903.03,	3561
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3562
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3563
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3564
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	3565
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	3566
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	3567
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	3568
felonious sexual penetration in violation of former section	3569
2907.12 of the Revised Code, a violation of section 2905.04 of the	3570
Revised Code as it existed prior to July 1, 1996, a violation of	3571
section 2919.23 of the Revised Code that would have been a	3572
violation of section 2905.04 of the Revised Code as it existed	3573
prior to July 1, 1996, had the violation been committed prior to	3574
that date, or a violation of section 2925.11 of the Revised Code	3575
that is not a minor drug possession offense;	3576

(b) A violation of an existing or former law of this state,	3577
any other state, or the United States that is substantially	3578
equivalent to any of the offenses listed in division (A)(6)(a) of	3579
this section.	3580

(7) On receipt of a request for a criminal records check from	3581
an individual pursuant to section 4749.03 or 4749.06 of the	3582
Revised Code, accompanied by a completed copy of the form	3583
prescribed in division (C)(1) of this section and a set of	3584
fingerprint impressions obtained in a manner described in division	3585
(C)(2) of this section, the superintendent of the bureau of	3586
criminal identification and investigation shall conduct a criminal	3587
records check in the manner described in division (B) of this	3588
section to determine whether any information exists indicating	3589
that the person who is the subject of the request has been	3590
convicted of or pleaded guilty to a felony in this state or in any	3591
other state. If the individual indicates that a firearm will be	3592
carried in the course of business, the superintendent shall	3593
require information from the federal bureau of investigation as	3594
described in division (B)(2) of this section. Subject to division	3595
(F) of this section, the superintendent shall report the findings	3596
of the criminal records check and any information the federal	3597
bureau of investigation provides to the director of public safety.	3598

(8) On receipt of a request pursuant to section 1321.37,	3599
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	3600
Code, a completed form prescribed pursuant to division (C)(1) of	3601
this section, and a set of fingerprint impressions obtained in the	3602
manner described in division (C)(2) of this section, the	3603
superintendent of the bureau of criminal identification and	3604
investigation shall conduct a criminal records check with respect	3605
to any person who has applied for a license, permit, or	3606
certification from the department of commerce or a division in the	3607
department. The superintendent shall conduct the criminal records	3608
check in the manner described in division (B) of this section to	3609
determine whether any information exists that indicates that the	3610
person who is the subject of the request previously has been	3611
convicted of or pleaded guilty to any of the following: a	3612
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	3613
2925.03 of the Revised Code; any other criminal offense involving	3614
theft, receiving stolen property, embezzlement, forgery, fraud,	3615
passing bad checks, money laundering, or drug trafficking, or any	3616
criminal offense involving money or securities, as set forth in	3617
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	3618
the Revised Code; or any existing or former law of this state, any	3619
other state, or the United States that is substantially equivalent	3620
to those offenses.	3621

(9) On receipt of a request for a criminal records check from	3622
the treasurer of state under section 113.041 of the Revised Code	3623
or from an individual under section 4701.08, 4715.101, 4717.061,	3624
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	3625
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	3626
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,	3627
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	3628
4762.06, 4776.021, or 4779.091, or 4783.04 of the Revised Code,	3629
accompanied by a completed form prescribed under division (C)(1)	3630
of this section and a set of fingerprint impressions obtained in	3631
the manner described in division (C)(2) of this section, the	3632
superintendent of the bureau of criminal identification and	3633
investigation shall conduct a criminal records check in the manner	3634
described in division (B) of this section to determine whether any	3635
information exists that indicates that the person who is the	3636
subject of the request has been convicted of or pleaded guilty to	3637
any criminal offense in this state or any other state. Subject to	3638
division (F) of this section, the superintendent shall send the	3639
results of a check requested under section 113.041 of the Revised	3640
Code to the treasurer of state and shall send the results of a	3641
check requested under any of the other listed sections to the	3642
licensing board specified by the individual in the request.	3643

(10) On receipt of a request pursuant to section 1121.23,	3644
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	3645
Code, a completed form prescribed pursuant to division (C)(1) of	3646
this section, and a set of fingerprint impressions obtained in the	3647
manner described in division (C)(2) of this section, the	3648
superintendent of the bureau of criminal identification and	3649
investigation shall conduct a criminal records check in the manner	3650
described in division (B) of this section to determine whether any	3651
information exists that indicates that the person who is the	3652
subject of the request previously has been convicted of or pleaded	3653
guilty to any criminal offense under any existing or former law of	3654
this state, any other state, or the United States.	3655

(11) On receipt of a request for a criminal records check	3656
from an appointing or licensing authority under section 3772.07 of	3657
the Revised Code, a completed form prescribed under division	3658
(C)(1) of this section, and a set of fingerprint impressions	3659
obtained in the manner prescribed in division (C)(2) of this	3660
section, the superintendent of the bureau of criminal	3661
identification and investigation shall conduct a criminal records	3662
check in the manner described in division (B) of this section to	3663
determine whether any information exists that indicates that the	3664
person who is the subject of the request previously has been	3665
convicted of or pleaded guilty or no contest to any offense under	3666
any existing or former law of this state, any other state, or the	3667
United States that is a disqualifying offense as defined in	3668
section 3772.07 of the Revised Code or substantially equivalent to	3669
such an offense.	3670

(12) On receipt of a request pursuant to section 2151.33 or	3671
2151.412 of the Revised Code, a completed form prescribed pursuant	3672
to division (C)(1) of this section, and a set of fingerprint	3673
impressions obtained in the manner described in division (C)(2) of	3674
this section, the superintendent of the bureau of criminal	3675
identification and investigation shall conduct a criminal records	3676
check with respect to any person for whom a criminal records check	3677
is required by that section. The superintendent shall conduct the	3678
criminal records check in the manner described in division (B) of	3679
this section to determine whether any information exists that	3680
indicates that the person who is the subject of the request	3681
previously has been convicted of or pleaded guilty to any of the	3682
following:	3683

(a) A violation of section 2903.01, 2903.02, 2903.03,	3684
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3685
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3686
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3687
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3688
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3689
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3690
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3691
2925.22, 2925.23, or 3716.11 of the Revised Code;	3692

(b) An existing or former law of this state, any other state,	3693
or the United States that is substantially equivalent to any of	3694
the offenses listed in division (A)(12)(a) of this section.	3695

(B) Subject to division (F) of this section, the	3696
superintendent shall conduct any criminal records check to be	3697
conducted under this section as follows:	3698

(1) The superintendent shall review or cause to be reviewed	3699
any relevant information gathered and compiled by the bureau under	3700
division (A) of section 109.57 of the Revised Code that relates to	3701
the person who is the subject of the criminal records check,	3702
including, if the criminal records check was requested under	3703
section 113.041, 121.08, 173.27, ~~173.394~~173.38, 1121.23, 1155.03,	3704
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	3705
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	3706
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	3707
5104.013, ~~5111.032~~5164.34, ~~5111.033~~5164.341, ~~5111.034~~5164.342,	3708
5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant	3709
information contained in records that have been sealed under	3710
section 2953.32 of the Revised Code;	3711

(2) If the request received by the superintendent asks for	3712
information from the federal bureau of investigation, the	3713
superintendent shall request from the federal bureau of	3714
investigation any information it has with respect to the person	3715
who is the subject of the criminal records check, including	3716
fingerprint-based checks of national crime information databases	3717
as described in 42 U.S.C. 671 if the request is made pursuant to	3718
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if	3719
any other Revised Code section requires fingerprint-based checks	3720
of that nature, and shall review or cause to be reviewed any	3721
information the superintendent receives from that bureau. If a	3722
request under section 3319.39 of the Revised Code asks only for	3723
information from the federal bureau of investigation, the	3724
superintendent shall not conduct the review prescribed by division	3725
(B)(1) of this section.	3726

(3) The superintendent or the superintendent's designee may	3727
request criminal history records from other states or the federal	3728
government pursuant to the national crime prevention and privacy	3729
compact set forth in section 109.571 of the Revised Code.	3730

(4) The superintendent shall include in the results of the	3731
criminal records check a list or description of the offenses	3732
listed or described in division (A)(1), (2), (3), (4), (5), (6),	3733
(7), (8), (9), (10), (11), or (12) of this section, whichever	3734
division requires the superintendent to conduct the criminal	3735
records check. The superintendent shall exclude from the results	3736
any information the dissemination of which is prohibited by	3737
federal law.	3738

(5) The superintendent shall send the results of the criminal	3739
records check to the person to whom it is to be sent not later	3740
than the following number of days after the date the	3741
superintendent receives the request for the criminal records	3742
check, the completed form prescribed under division (C)(1) of this	3743
section, and the set of fingerprint impressions obtained in the	3744
manner described in division (C)(2) of this section:	3745

(a) If the superintendent is required by division (A) of this	3746
section (other than division (A)(3) of this section) to conduct	3747
the criminal records check, thirty;	3748

(b) If the superintendent is required by division (A)(3) of	3749
this section to conduct the criminal records check, sixty.	3750

(C)(1) The superintendent shall prescribe a form to obtain	3751
the information necessary to conduct a criminal records check from	3752
any person for whom a criminal records check is to be conducted	3753
under this section. The form that the superintendent prescribes	3754
pursuant to this division may be in a tangible format, in an	3755
electronic format, or in both tangible and electronic formats.	3756

(2) The superintendent shall prescribe standard impression	3757
sheets to obtain the fingerprint impressions of any person for	3758
whom a criminal records check is to be conducted under this	3759
section. Any person for whom a records check is to be conducted	3760
under this section shall obtain the fingerprint impressions at a	3761
county sheriff's office, municipal police department, or any other	3762
entity with the ability to make fingerprint impressions on the	3763
standard impression sheets prescribed by the superintendent. The	3764
office, department, or entity may charge the person a reasonable	3765
fee for making the impressions. The standard impression sheets the	3766
superintendent prescribes pursuant to this division may be in a	3767
tangible format, in an electronic format, or in both tangible and	3768
electronic formats.	3769

(3) Subject to division (D) of this section, the	3770
superintendent shall prescribe and charge a reasonable fee for	3771
providing a criminal records check under this section. The person	3772
requesting the criminal records check shall pay the fee prescribed	3773
pursuant to this division. In the case of a request under section	3774
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	3775
2151.412, or ~~5111.032~~5164.34 of the Revised Code, the fee shall	3776
be paid in the manner specified in that section.	3777

(4) The superintendent of the bureau of criminal	3778
identification and investigation may prescribe methods of	3779
forwarding fingerprint impressions and information necessary to	3780
conduct a criminal records check, which methods shall include, but	3781
not be limited to, an electronic method.	3782

(D) The results of a criminal records check conducted under	3783
this section, other than a criminal records check specified in	3784
division (A)(7) of this section, are valid for the person who is	3785
the subject of the criminal records check for a period of one year	3786
from the date upon which the superintendent completes the criminal	3787
records check. If during that period the superintendent receives	3788
another request for a criminal records check to be conducted under	3789
this section for that person, the superintendent shall provide the	3790
results from the previous criminal records check of the person at	3791
a lower fee than the fee prescribed for the initial criminal	3792
records check.	3793

(E) When the superintendent receives a request for	3794
information from a registered private provider, the superintendent	3795
shall proceed as if the request was received from a school	3796
district board of education under section 3319.39 of the Revised	3797
Code. The superintendent shall apply division (A)(1)(c) of this	3798
section to any such request for an applicant who is a teacher.	3799

(F)(1) All information regarding the results of a criminal	3800
records check conducted under this section that the superintendent	3801
reports or sends under division (A)(7) or (9) of this section to	3802
the director of public safety, the treasurer of state, or the	3803
person, board, or entity that made the request for the criminal	3804
records check shall relate to the conviction of the subject	3805
person, or the subject person's plea of guilty to, a criminal	3806
offense.	3807

(2) Division (F)(1) of this section does not limit, restrict,	3808
or preclude the superintendent's release of information that	3809
relates to an adjudication of a child as a delinquent child, or	3810
that relates to a criminal conviction of a person under eighteen	3811
years of age if the person's case was transferred back to a	3812
juvenile court under division (B)(2) or (3) of section 2152.121 of	3813
the Revised Code and the juvenile court imposed a disposition or	3814
serious youthful offender disposition upon the person under either	3815
division, if either of the following applies with respect to the	3816
adjudication or conviction:	3817

(a) The adjudication or conviction was for a violation of	3818
section 2903.01 or 2903.02 of the Revised Code.	3819

(b) The adjudication or conviction was for a sexually	3820
oriented offense, as defined in section 2950.01 of the Revised	3821
Code, the juvenile court was required to classify the child a	3822
juvenile offender registrant for that offense under section	3823
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	3824
classification has not been removed.	3825

(G) As used in this section:

3826

(1) "Criminal records check" means any criminal records check	3827
conducted by the superintendent of the bureau of criminal	3828
identification and investigation in accordance with division (B)	3829
of this section.	3830

(2) "Minor drug possession offense" has the same meaning as	3831
in section 2925.01 of the Revised Code.	3832

(3) "OVI or OVUAC violation" means a violation of section	3833
4511.19 of the Revised Code or a violation of an existing or	3834
former law of this state, any other state, or the United States	3835
that is substantially equivalent to section 4511.19 of the Revised	3836
Code.	3837

(4) "Registered private provider" means a nonpublic school or	3838
entity registered with the superintendent of public instruction	3839
under section 3310.41 of the Revised Code to participate in the	3840
autism scholarship program or section 3310.58 of the Revised Code	3841
to participate in the Jon Peterson special needs scholarship	3842
program.	3843

Sec. 109.71. There is hereby created in the office of the	3844
attorney general the Ohio peace officer training commission. The	3845
commission shall consist of nine members appointed by the governor	3846
with the advice and consent of the senate and selected as follows:	3847
one member representing the public; two members who are incumbent	3848
sheriffs; two members who are incumbent chiefs of police; one	3849
member from the bureau of criminal identification and	3850
investigation; one member from the state highway patrol; one	3851
member who is the special agent in charge of a field office of the	3852
federal bureau of investigation in this state; and one member from	3853
the department of education, trade and industrial education	3854
services, law enforcement training.	3855

This section does not confer any arrest authority or any	3856
ability or authority to detain a person, write or issue any	3857
citation, or provide any disposition alternative, as granted under	3858
Chapter 2935. of the Revised Code.	3859

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

3860

(A) "Peace officer" means:

3861

(1) A deputy sheriff, marshal, deputy marshal, member of the	3862
organized police department of a township or municipal	3863
corporation, member of a township police district or joint police	3864
district police force, member of a police force employed by a	3865
metropolitan housing authority under division (D) of section	3866
3735.31 of the Revised Code, or township constable, who is	3867
commissioned and employed as a peace officer by a political	3868
subdivision of this state or by a metropolitan housing authority,	3869
and whose primary duties are to preserve the peace, to protect	3870
life and property, and to enforce the laws of this state,	3871
ordinances of a municipal corporation, resolutions of a township,	3872
or regulations of a board of county commissioners or board of	3873
township trustees, or any of those laws, ordinances, resolutions,	3874
or regulations;	3875

(2) A police officer who is employed by a railroad company	3876
and appointed and commissioned by the secretary of state pursuant	3877
to sections 4973.17 to 4973.22 of the Revised Code;	3878

(3) Employees of the department of taxation engaged in the	3879
enforcement of Chapter 5743. of the Revised Code and designated by	3880
the tax commissioner for peace officer training for purposes of	3881
the delegation of investigation powers under section 5743.45 of	3882
the Revised Code;	3883

(4) An undercover drug agent;

3884

(5) Enforcement agents of the department of public safety	3885
whom the director of public safety designates under section	3886
5502.14 of the Revised Code;	3887

(6) An employee of the department of natural resources who is	3888
a natural resources law enforcement staff officer designated	3889
pursuant to section 1501.013, a park officer designated pursuant	3890
to section 1541.10, a forest officer designated pursuant to	3891
section 1503.29, a preserve officer designated pursuant to section	3892
1517.10, a wildlife officer designated pursuant to section	3893
1531.13, or a state watercraft officer designated pursuant to	3894
section 1547.521 of the Revised Code;	3895

(7) An employee of a park district who is designated pursuant	3896
to section 511.232 or 1545.13 of the Revised Code;	3897

(8) An employee of a conservancy district who is designated	3898
pursuant to section 6101.75 of the Revised Code;	3899

(9) A police officer who is employed by a hospital that	3900
employs and maintains its own proprietary police department or	3901
security department, and who is appointed and commissioned by the	3902
secretary of state pursuant to sections 4973.17 to 4973.22 of the	3903
Revised Code;	3904

(10) Veterans' homes police officers designated under section	3905
5907.02 of the Revised Code;	3906

(11) A police officer who is employed by a qualified	3907
nonprofit corporation police department pursuant to section	3908
1702.80 of the Revised Code;	3909

(12) A state university law enforcement officer appointed	3910
under section 3345.04 of the Revised Code or a person serving as a	3911
state university law enforcement officer on a permanent basis on	3912
June 19, 1978, who has been awarded a certificate by the executive	3913
director of the Ohio peace officer training commission attesting	3914
to the person's satisfactory completion of an approved state,	3915
county, municipal, or department of natural resources peace	3916
officer basic training program;	3917

(13) A special police officer employed by the department of	3918
~~mental health~~mental health and addiction services pursuant to	3919
section ~~5119.14~~5119.08 of the Revised Code or the department of	3920
developmental disabilities pursuant to section 5123.13 of the	3921
Revised Code;	3922

(14) A member of a campus police department appointed under	3923
section 1713.50 of the Revised Code;	3924

(15) A member of a police force employed by a regional	3925
transit authority under division (Y) of section 306.35 of the	3926
Revised Code;	3927

(16) Investigators appointed by the auditor of state pursuant	3928
to section 117.091 of the Revised Code and engaged in the	3929
enforcement of Chapter 117. of the Revised Code;	3930

(17) A special police officer designated by the	3931
superintendent of the state highway patrol pursuant to section	3932
5503.09 of the Revised Code or a person who was serving as a	3933
special police officer pursuant to that section on a permanent	3934
basis on October 21, 1997, and who has been awarded a certificate	3935
by the executive director of the Ohio peace officer training	3936
commission attesting to the person's satisfactory completion of an	3937
approved state, county, municipal, or department of natural	3938
resources peace officer basic training program;	3939

(18) A special police officer employed by a port authority	3940
under section 4582.04 or 4582.28 of the Revised Code or a person	3941
serving as a special police officer employed by a port authority	3942
on a permanent basis on May 17, 2000, who has been awarded a	3943
certificate by the executive director of the Ohio peace officer	3944
training commission attesting to the person's satisfactory	3945
completion of an approved state, county, municipal, or department	3946
of natural resources peace officer basic training program;	3947

(19) A special police officer employed by a municipal	3948
corporation who has been awarded a certificate by the executive	3949
director of the Ohio peace officer training commission for	3950
satisfactory completion of an approved peace officer basic	3951
training program and who is employed on a permanent basis on or	3952
after March 19, 2003, at a municipal airport, or other municipal	3953
air navigation facility, that has scheduled operations, as defined	3954
in section 119.3 of Title 14 of the Code of Federal Regulations,	3955
14 C.F.R. 119.3, as amended, and that is required to be under a	3956
security program and is governed by aviation security rules of the	3957
transportation security administration of the United States	3958
department of transportation as provided in Parts 1542. and 1544.	3959
of Title 49 of the Code of Federal Regulations, as amended;	3960

(20) A police officer who is employed by an owner or operator	3961
of an amusement park that has an average yearly attendance in	3962
excess of six hundred thousand guests and that employs and	3963
maintains its own proprietary police department or security	3964
department, and who is appointed and commissioned by a judge of	3965
the appropriate municipal court or county court pursuant to	3966
section 4973.17 of the Revised Code;	3967

(21) A police officer who is employed by a bank, savings and	3968
loan association, savings bank, credit union, or association of	3969
banks, savings and loan associations, savings banks, or credit	3970
unions, who has been appointed and commissioned by the secretary	3971
of state pursuant to sections 4973.17 to 4973.22 of the Revised	3972
Code, and who has been awarded a certificate by the executive	3973
director of the Ohio peace officer training commission attesting	3974
to the person's satisfactory completion of a state, county,	3975
municipal, or department of natural resources peace officer basic	3976
training program;	3977

(22) An investigator, as defined in section 109.541 of the	3978
Revised Code, of the bureau of criminal identification and	3979
investigation who is commissioned by the superintendent of the	3980
bureau as a special agent for the purpose of assisting law	3981
enforcement officers or providing emergency assistance to peace	3982
officers pursuant to authority granted under that section;	3983

(23) A state fire marshal law enforcement officer appointed	3984
under section 3737.22 of the Revised Code or a person serving as a	3985
state fire marshal law enforcement officer on a permanent basis on	3986
or after July 1, 1982, who has been awarded a certificate by the	3987
executive director of the Ohio peace officer training commission	3988
attesting to the person's satisfactory completion of an approved	3989
state, county, municipal, or department of natural resources peace	3990
officer basic training program;	3991

(24) A gaming agent employed under section 3772.03 of the	3992
Revised Code.	3993

(B) "Undercover drug agent" has the same meaning as in	3994
division (B)(2) of section 109.79 of the Revised Code.	3995

(C) "Crisis intervention training" means training in the use	3996
of interpersonal and communication skills to most effectively and	3997
sensitively interview victims of rape.	3998

(D) "Missing children" has the same meaning as in section	3999
2901.30 of the Revised Code.	4000

Sec. 109.746. (A) The attorney general may prepare public	4001
awareness programs that are designed to educate potential victims	4002
of violations of section 2905.32 of the Revised Code and their	4003
families of the risks of becoming a victim of a violation of that	4004
section. The attorney general may prepare these programs with	4005
assistance from the department of health, the department of ~~mental~~	4006
~~health~~mental health and addiction services, the department of job	4007
and family services~~, the department of alcohol and drug addiction~~	4008
~~services~~, and the department of education.	4009

(B) Any organization, person, or other governmental agency	4010
with an interest and expertise in trafficking in persons may	4011
submit information or materials to the attorney general regarding	4012
the preparation of the programs and materials permitted under this	4013
section. The attorney general, in developing the programs and	4014
materials permitted by this section, shall consider any	4015
information submitted pursuant to this division.	4016

Sec. 109.77. (A) As used in this section, "felony" has the	4017
same meaning as in section 109.511 of the Revised Code.	4018

(B)(1) Notwithstanding any general, special, or local law or	4019
charter to the contrary, and except as otherwise provided in this	4020
section, no person shall receive an original appointment on a	4021
permanent basis as any of the following unless the person	4022
previously has been awarded a certificate by the executive	4023
director of the Ohio peace officer training commission attesting	4024
to the person's satisfactory completion of an approved state,	4025
county, municipal, or department of natural resources peace	4026
officer basic training program:	4027

(a) A peace officer of any county, township, municipal	4028
corporation, regional transit authority, or metropolitan housing	4029
authority;	4030

(b) A natural resources law enforcement staff officer, park	4031
officer, forest officer, preserve officer, wildlife officer, or	4032
state watercraft officer of the department of natural resources;	4033

(c) An employee of a park district under section 511.232 or	4034
1545.13 of the Revised Code;	4035

(d) An employee of a conservancy district who is designated	4036
pursuant to section 6101.75 of the Revised Code;	4037

(e) A state university law enforcement officer;

4038

(f) A special police officer employed by the department of	4039
~~mental health~~mental health and addiction services pursuant to	4040
section ~~5119.14~~5119.08 of the Revised Code or the department of	4041
developmental disabilities pursuant to section 5123.13 of the	4042
Revised Code;	4043

(g) An enforcement agent of the department of public safety	4044
whom the director of public safety designates under section	4045
5502.14 of the Revised Code;	4046

(h) A special police officer employed by a port authority	4047
under section 4582.04 or 4582.28 of the Revised Code;	4048

(i) A special police officer employed by a municipal	4049
corporation at a municipal airport, or other municipal air	4050
navigation facility, that has scheduled operations, as defined in	4051
section 119.3 of Title 14 of the Code of Federal Regulations, 14	4052
C.F.R. 119.3, as amended, and that is required to be under a	4053
security program and is governed by aviation security rules of the	4054
transportation security administration of the United States	4055
department of transportation as provided in Parts 1542. and 1544.	4056
of Title 49 of the Code of Federal Regulations, as amended;	4057

(j) A gaming agent employed under section 3772.03 of the	4058
Revised Code.	4059

(2) Every person who is appointed on a temporary basis or for	4060
a probationary term or on other than a permanent basis as any of	4061
the following shall forfeit the appointed position unless the	4062
person previously has completed satisfactorily or, within the time	4063
prescribed by rules adopted by the attorney general pursuant to	4064
section 109.74 of the Revised Code, satisfactorily completes a	4065
state, county, municipal, or department of natural resources peace	4066
officer basic training program for temporary or probationary	4067
officers and is awarded a certificate by the director attesting to	4068
the satisfactory completion of the program:	4069

(a) A peace officer of any county, township, municipal	4070
corporation, regional transit authority, or metropolitan housing	4071
authority;	4072

(b) A natural resources law enforcement staff officer, park	4073
officer, forest officer, preserve officer, wildlife officer, or	4074
state watercraft officer of the department of natural resources;	4075

(c) An employee of a park district under section 511.232 or	4076
1545.13 of the Revised Code;	4077

(d) An employee of a conservancy district who is designated	4078
pursuant to section 6101.75 of the Revised Code;	4079

(e) A special police officer employed by the department of	4080
~~mental health~~mental health and addiction services pursuant to	4081
section ~~5119.14~~5119.08 of the Revised Code or the department of	4082
developmental disabilities pursuant to section 5123.13 of the	4083
Revised Code;	4084

(f) An enforcement agent of the department of public safety	4085
whom the director of public safety designates under section	4086
5502.14 of the Revised Code;	4087

(g) A special police officer employed by a port authority	4088
under section 4582.04 or 4582.28 of the Revised Code;	4089

(h) A special police officer employed by a municipal	4090
corporation at a municipal airport, or other municipal air	4091
navigation facility, that has scheduled operations, as defined in	4092
section 119.3 of Title 14 of the Code of Federal Regulations, 14	4093
C.F.R. 119.3, as amended, and that is required to be under a	4094
security program and is governed by aviation security rules of the	4095
transportation security administration of the United States	4096
department of transportation as provided in Parts 1542. and 1544.	4097
of Title 49 of the Code of Federal Regulations, as amended.	4098

(3) For purposes of division (B) of this section, a state,	4099
county, municipal, or department of natural resources peace	4100
officer basic training program, regardless of whether the program	4101
is to be completed by peace officers appointed on a permanent or	4102
temporary, probationary, or other nonpermanent basis, shall	4103
include training in the handling of the offense of domestic	4104
violence, other types of domestic violence-related offenses and	4105
incidents, and protection orders and consent agreements issued or	4106
approved under section 2919.26 or 3113.31 of the Revised Code and	4107
crisis intervention training. The requirement to complete training	4108
in the handling of the offense of domestic violence, other types	4109
of domestic violence-related offenses and incidents, and	4110
protection orders and consent agreements issued or approved under	4111
section 2919.26 or 3113.31 of the Revised Code does not apply to	4112
any person serving as a peace officer on March 27, 1979, and the	4113
requirement to complete training in crisis intervention does not	4114
apply to any person serving as a peace officer on April 4, 1985.	4115
Any person who is serving as a peace officer on April 4, 1985, who	4116
terminates that employment after that date, and who subsequently	4117
is hired as a peace officer by the same or another law enforcement	4118
agency shall complete training in crisis intervention as	4119
prescribed by rules adopted by the attorney general pursuant to	4120
section 109.742 of the Revised Code. No peace officer shall have	4121
employment as a peace officer terminated and then be reinstated	4122
with intent to circumvent this section.	4123

(4) Division (B) of this section does not apply to any person	4124
serving on a permanent basis on March 28, 1985, as a park officer,	4125
forest officer, preserve officer, wildlife officer, or state	4126
watercraft officer of the department of natural resources or as an	4127
employee of a park district under section 511.232 or 1545.13 of	4128
the Revised Code, to any person serving on a permanent basis on	4129
March 6, 1986, as an employee of a conservancy district designated	4130
pursuant to section 6101.75 of the Revised Code, to any person	4131
serving on a permanent basis on January 10, 1991, as a preserve	4132
officer of the department of natural resources, to any person	4133
employed on a permanent basis on July 2, 1992, as a special police	4134
officer by the department of ~~mental health~~mental health and	4135
addiction services pursuant to section ~~5119.14~~5119.08 of the	4136
Revised Code or by the department of developmental disabilities	4137
pursuant to section 5123.13 of the Revised Code, to any person	4138
serving on a permanent basis on May 17, 2000, as a special police	4139
officer employed by a port authority under section 4582.04 or	4140
4582.28 of the Revised Code, to any person serving on a permanent	4141
basis on March 19, 2003, as a special police officer employed by a	4142
municipal corporation at a municipal airport or other municipal	4143
air navigation facility described in division (A)(19) of section	4144
109.71 of the Revised Code, to any person serving on a permanent	4145
basis on June 19, 1978, as a state university law enforcement	4146
officer pursuant to section 3345.04 of the Revised Code and who,	4147
immediately prior to June 19, 1978, was serving as a special	4148
police officer designated under authority of that section, or to	4149
any person serving on a permanent basis on September 20, 1984, as	4150
a liquor control investigator, known after June 30, 1999, as an	4151
enforcement agent of the department of public safety, engaged in	4152
the enforcement of Chapters 4301. and 4303. of the Revised Code.	4153

(5) Division (B) of this section does not apply to any person	4154
who is appointed as a regional transit authority police officer	4155
pursuant to division (Y) of section 306.35 of the Revised Code if,	4156
on or before July 1, 1996, the person has completed satisfactorily	4157
an approved state, county, municipal, or department of natural	4158
resources peace officer basic training program and has been	4159
awarded a certificate by the executive director of the Ohio peace	4160
officer training commission attesting to the person's satisfactory	4161
completion of such an approved program and if, on July 1, 1996,	4162
the person is performing peace officer functions for a regional	4163
transit authority.	4164

(C) No person, after September 20, 1984, shall receive an	4165
original appointment on a permanent basis as a veterans' home	4166
police officer designated under section 5907.02 of the Revised	4167
Code unless the person previously has been awarded a certificate	4168
by the executive director of the Ohio peace officer training	4169
commission attesting to the person's satisfactory completion of an	4170
approved police officer basic training program. Every person who	4171
is appointed on a temporary basis or for a probationary term or on	4172
other than a permanent basis as a veterans' home police officer	4173
designated under section 5907.02 of the Revised Code shall forfeit	4174
that position unless the person previously has completed	4175
satisfactorily or, within one year from the time of appointment,	4176
satisfactorily completes an approved police officer basic training	4177
program.	4178

(D) No bailiff or deputy bailiff of a court of record of this	4179
state and no criminal investigator who is employed by the state	4180
public defender shall carry a firearm, as defined in section	4181
2923.11 of the Revised Code, while on duty unless the bailiff,	4182
deputy bailiff, or criminal investigator has done or received one	4183
of the following:	4184

(1) Has been awarded a certificate by the executive director	4185
of the Ohio peace officer training commission, which certificate	4186
attests to satisfactory completion of an approved state, county,	4187
or municipal basic training program for bailiffs and deputy	4188
bailiffs of courts of record and for criminal investigators	4189
employed by the state public defender that has been recommended by	4190
the Ohio peace officer training commission;	4191

(2) Has successfully completed a firearms training program	4192
approved by the Ohio peace officer training commission prior to	4193
employment as a bailiff, deputy bailiff, or criminal investigator;	4194

(3) Prior to June 6, 1986, was authorized to carry a firearm	4195
by the court that employed the bailiff or deputy bailiff or, in	4196
the case of a criminal investigator, by the state public defender	4197
and has received training in the use of firearms that the Ohio	4198
peace officer training commission determines is equivalent to the	4199
training that otherwise is required by division (D) of this	4200
section.	4201

(E)(1) Before a person seeking a certificate completes an	4202
approved peace officer basic training program, the executive	4203
director of the Ohio peace officer training commission shall	4204
request the person to disclose, and the person shall disclose, any	4205
previous criminal conviction of or plea of guilty of that person	4206
to a felony.	4207

(2) Before a person seeking a certificate completes an	4208
approved peace officer basic training program, the executive	4209
director shall request a criminal history records check on the	4210
person. The executive director shall submit the person's	4211
fingerprints to the bureau of criminal identification and	4212
investigation, which shall submit the fingerprints to the federal	4213
bureau of investigation for a national criminal history records	4214
check.	4215

Upon receipt of the executive director's request, the bureau	4216
of criminal identification and investigation and the federal	4217
bureau of investigation shall conduct a criminal history records	4218
check on the person and, upon completion of the check, shall	4219
provide a copy of the criminal history records check to the	4220
executive director. The executive director shall not award any	4221
certificate prescribed in this section unless the executive	4222
director has received a copy of the criminal history records check	4223
on the person to whom the certificate is to be awarded.	4224

(3) The executive director of the commission shall not award	4225
a certificate prescribed in this section to a person who has been	4226
convicted of or has pleaded guilty to a felony or who fails to	4227
disclose any previous criminal conviction of or plea of guilty to	4228
a felony as required under division (E)(1) of this section.	4229

(4) The executive director of the commission shall revoke the	4230
certificate awarded to a person as prescribed in this section, and	4231
that person shall forfeit all of the benefits derived from being	4232
certified as a peace officer under this section, if the person,	4233
before completion of an approved peace officer basic training	4234
program, failed to disclose any previous criminal conviction of or	4235
plea of guilty to a felony as required under division (E)(1) of	4236
this section.	4237

(F)(1) Regardless of whether the person has been awarded the	4238
certificate or has been classified as a peace officer prior to,	4239
on, or after October 16, 1996, the executive director of the Ohio	4240
peace officer training commission shall revoke any certificate	4241
that has been awarded to a person as prescribed in this section if	4242
the person does either of the following:	4243

(a) Pleads guilty to a felony committed on or after January	4244
1, 1997;	4245

(b) Pleads guilty to a misdemeanor committed on or after	4246
January 1, 1997, pursuant to a negotiated plea agreement as	4247
provided in division (D) of section 2929.43 of the Revised Code in	4248
which the person agrees to surrender the certificate awarded to	4249
the person under this section.	4250

(2) The executive director of the commission shall suspend	4251
any certificate that has been awarded to a person as prescribed in	4252
this section if the person is convicted, after trial, of a felony	4253
committed on or after January 1, 1997. The executive director	4254
shall suspend the certificate pursuant to division (F)(2) of this	4255
section pending the outcome of an appeal by the person from that	4256
conviction to the highest court to which the appeal is taken or	4257
until the expiration of the period in which an appeal is required	4258
to be filed. If the person files an appeal that results in that	4259
person's acquittal of the felony or conviction of a misdemeanor,	4260
or in the dismissal of the felony charge against that person, the	4261
executive director shall reinstate the certificate awarded to the	4262
person under this section. If the person files an appeal from that	4263
person's conviction of the felony and the conviction is upheld by	4264
the highest court to which the appeal is taken or if the person	4265
does not file a timely appeal, the executive director shall revoke	4266
the certificate awarded to the person under this section.	4267

(G)(1) If a person is awarded a certificate under this	4268
section and the certificate is revoked pursuant to division (E)(4)	4269
or (F) of this section, the person shall not be eligible to	4270
receive, at any time, a certificate attesting to the person's	4271
satisfactory completion of a peace officer basic training program.	4272

(2) The revocation or suspension of a certificate under	4273
division (E)(4) or (F) of this section shall be in accordance with	4274
Chapter 119. of the Revised Code.	4275

(H)(1) A person who was employed as a peace officer of a	4276
county, township, or municipal corporation of the state on January	4277
1, 1966, and who has completed at least sixteen years of full-time	4278
active service as such a peace officer, or equivalent service as	4279
determined by the executive director of the Ohio peace officer	4280
training commission, may receive an original appointment on a	4281
permanent basis and serve as a peace officer of a county,	4282
township, or municipal corporation, or as a state university law	4283
enforcement officer, without complying with the requirements of	4284
division (B) of this section.	4285

(2) Any person who held an appointment as a state highway	4286
trooper on January 1, 1966, may receive an original appointment on	4287
a permanent basis and serve as a peace officer of a county,	4288
township, or municipal corporation, or as a state university law	4289
enforcement officer, without complying with the requirements of	4290
division (B) of this section.	4291

(I) No person who is appointed as a peace officer of a	4292
county, township, or municipal corporation on or after April 9,	4293
1985, shall serve as a peace officer of that county, township, or	4294
municipal corporation unless the person has received training in	4295
the handling of missing children and child abuse and neglect cases	4296
from an approved state, county, township, or municipal police	4297
officer basic training program or receives the training within the	4298
time prescribed by rules adopted by the attorney general pursuant	4299
to section 109.741 of the Revised Code.	4300

(J) No part of any approved state, county, or municipal basic	4301
training program for bailiffs and deputy bailiffs of courts of	4302
record and no part of any approved state, county, or municipal	4303
basic training program for criminal investigators employed by the	4304
state public defender shall be used as credit toward the	4305
completion by a peace officer of any part of the approved state,	4306
county, or municipal peace officer basic training program that the	4307
peace officer is required by this section to complete	4308
satisfactorily.	4309

(K) This section does not apply to any member of the police	4310
department of a municipal corporation in an adjoining state	4311
serving in this state under a contract pursuant to section 737.04	4312
of the Revised Code.	4313

Sec. 109.85. (A) Upon the written request of the governor,	4314
the general assembly, the auditor of state, the medicaid director	4315
~~of job and family services~~, the director of health, or the	4316
director of budget and management, or upon the attorney general's	4317
becoming aware of criminal or improper activity related to Chapter	4318
3721. and the ~~medical assistance~~medicaid program ~~established~~	4319
~~under section 5111.01 of the Revised Code~~, the attorney general	4320
shall investigate any criminal or civil violation of law related	4321
to Chapter 3721. of the Revised Code or the ~~medical assistance~~	4322
medicaid program.	4323

(B) When it appears to the attorney general, as a result of	4324
an investigation under division (A) of this section, that there is	4325
cause to prosecute for the commission of a crime or to pursue a	4326
civil remedy, the attorney general may refer the evidence to the	4327
prosecuting attorney having jurisdiction of the matter, or to a	4328
regular grand jury drawn and impaneled pursuant to sections	4329
2939.01 to 2939.24 of the Revised Code, or to a special grand jury	4330
drawn and impaneled pursuant to section 2939.17 of the Revised	4331
Code, or the attorney general may initiate and prosecute any	4332
necessary criminal or civil actions in any court or tribunal of	4333
competent jurisdiction in this state. When proceeding under this	4334
section, the attorney general, and any assistant or special	4335
counsel designated by the attorney general for that purpose, have	4336
all rights, privileges, and powers of prosecuting attorneys. The	4337
attorney general shall have exclusive supervision and control of	4338
all investigations and prosecutions initiated by the attorney	4339
general under this section. The forfeiture provisions of Chapter	4340
2981. of the Revised Code apply in relation to any such criminal	4341
action initiated and prosecuted by the attorney general.	4342

(C) Nothing in this section shall prevent a county	4343
prosecuting attorney from investigating and prosecuting criminal	4344
activity related to Chapter 3721. of the Revised Code and the	4345
~~medical assistance~~medicaid program ~~established under section~~	4346
~~5111.01 of the Revised Code~~. The forfeiture provisions of Chapter	4347
2981. of the Revised Code apply in relation to any prosecution of	4348
criminal activity related to the ~~medical assistance~~medicaid	4349
program undertaken by the prosecuting attorney.	4350

Sec. 109.86. (A) The attorney general shall investigate any	4351
activity the attorney general has reasonable cause to believe is	4352
in violation of section 2903.34 of the Revised Code. Upon written	4353
request of the governor, the general assembly, the auditor of	4354
state, or the director of health, job and family services, aging,	4355
~~mental health~~mental health and addiction services, or	4356
developmental disabilities, the attorney general shall investigate	4357
any activity these persons believe is in violation of section	4358
2903.34 of the Revised Code. If after an investigation the	4359
attorney general has probable cause to prosecute for the	4360
commission of a crime, the attorney general shall refer the	4361
evidence to the prosecuting attorney, director of law, or other	4362
similar chief legal officer having jurisdiction over the matter.	4363
If the prosecuting attorney decides to present the evidence to a	4364
grand jury, the prosecuting attorney shall notify the attorney	4365
general in writing of the decision within thirty days after	4366
referral of the matter and shall present the evidence prior to the	4367
discharge of the next regular grand jury. If the director of law	4368
or other chief legal officer decides to prosecute the case, the	4369
director or officer shall notify the attorney general in writing	4370
of the decision within thirty days and shall initiate prosecution	4371
within sixty days after the matter was referred to the director or	4372
officer.	4373

(B) If the prosecuting attorney, director of law, or other	4374
chief legal officer fails to notify the attorney general or to	4375
present evidence or initiate prosecution in accordance with	4376
division (A) of this section, the attorney general may present the	4377
evidence to a regular grand jury drawn and impaneled pursuant to	4378
sections 2939.01 to 2939.24 of the Revised Code, or to a special	4379
grand jury drawn and impaneled pursuant to section 2939.17 of the	4380
Revised Code, or the attorney general may initiate and prosecute	4381
any action in any court or tribunal of competent jurisdiction in	4382
this state. The attorney general, and any assistant or special	4383
counsel designated by the attorney general, have all the powers of	4384
a prosecuting attorney, director of law, or other chief legal	4385
officer when proceeding under this section. Nothing in this	4386
section shall limit or prevent a prosecuting attorney, director of	4387
law, or other chief legal officer from investigating and	4388
prosecuting criminal activity committed against a resident or	4389
patient of a care facility.	4390

Sec. 109.90. (A) The attorney general shall collaborate with	4391
the state board of pharmacy and director of ~~alcohol and drug~~	4392
~~addiction services~~mental health and addiction services in the	4393
establishment and administration of a drug take-back program, as	4394
provided under section 4729.69 of the Revised Code. The office of	4395
the attorney general is solely responsible for the costs incurred	4396
in the establishment and administration of the program.	4397

(B) The attorney general may accept grants, gifts, or	4398
donations for purposes of the program. Money received under this	4399
division or section ~~3793.22~~5119.49 or 4729.69 of the Revised Code	4400
shall be deposited into the state treasury to the credit of the	4401
drug take-back program fund, which is hereby created. Money	4402
credited to the fund shall be used solely for purposes of the	4403
program.	4404

Sec. 109.91. (A) There is hereby established within the	4405
office of the attorney general the crime victims assistance	4406
office.	4407

(B) There is hereby established the state victims assistance	4408
advisory council. The council shall consist of a chairperson, to	4409
be appointed by the attorney general, three ex officio members,	4410
and ~~fifteen~~seventeen members to be appointed by the attorney	4411
general as follows: one member who represents the Ohio	4412
victim-witness association; three members who represent local	4413
victim assistance programs, including one from a municipally	4414
operated program and one from a county-operated program; one	4415
member who represents the interests of elderly victims; one member	4416
who represents the interests of individuals with mental illness;	4417
one member who is a board member of any statewide or local	4418
organization that exists primarily to aid victims of domestic	4419
violence, or who is an employee of, or counselor for, such an	4420
organization; one member who is a board member of any statewide or	4421
local organization that exists primarily to aid victims of sexual	4422
violence or who is an employee of or a counselor for an	4423
organization that exists primarily to aid victims of sexual	4424
violence; one member who is an employee or officer of a county	4425
probation department or a probation department operated by the	4426
department of rehabilitation and correction; one member who is a	4427
county prosecuting attorney; one member who is a city law	4428
director; one member who is a county sheriff; one member who is a	4429
member or officer of a township or municipal police department;	4430
one member who is a court of common pleas judge; one member who is	4431
a municipal court judge or county court judge; and two members who	4432
are private citizens and are not government employees.	4433

The council shall include the following ex officio, nonvoting	4434
members: the attorney general, one member of the senate to be	4435
designated by the president of the senate, and one member of the	4436
house of representatives to be designated by the speaker of the	4437
house.	4438

Members of the council shall serve without compensation, but	4439
shall be reimbursed for travel and other necessary expenses that	4440
are incurred in the conduct of their official duties as members of	4441
the council. The chairperson and members of the council appointed	4442
by the attorney general shall serve at the pleasure of the	4443
attorney general. The attorney general shall serve on the council	4444
until the end of the term of office that qualified the attorney	4445
general for membership on the council. The member of the senate	4446
and the member of the house of representatives shall serve at the	4447
pleasure of the president of the senate and the speaker of the	4448
house of representatives, respectively.	4449

(C) The victims assistance advisory council shall perform	4450
both of the following duties:	4451

(1) Advise the crime victims assistance office in determining	4452
crime and delinquency victim service needs, determining crime and	4453
delinquency victim policies for the state, and improving and	4454
exercising leadership in the quality of crime and delinquency	4455
victim programs in the state;	4456

(2) Review and recommend to the crime victims assistance	4457
office the victim assistance programs that should be considered	4458
for the receipt of state financial assistance pursuant to section	4459
109.92 of the Revised Code. The financial assistance allocation	4460
recommendations of the council shall be based on the following	4461
priorities:	4462

(a) Programs in existence on July 1, 1985, shall be given	4463
first priority;	4464

(b) Programs offering or proposing to offer the broadest	4465
range of services and referrals to the community served, including	4466
medical, psychological, financial, educational, vocational, and	4467
legal services that were not in existence on July 1, 1985, shall	4468
be given second priority;	4469

4470

(D) As used in this section and section 109.92 of the Revised	4471
Code, "victim assistance program" includes, but is not limited to	4472
a program that provides at least one of the following:	4473

(1) Services to victims of any offense of violence or	4474
delinquent act that would be an offense of violence if committed	4475
by an adult;	4476

(2) Financial assistance or property repair services to	4477
victims of crime or delinquent acts;	4478

(3) Assistance to victims of crime or delinquent acts in	4479
judicial proceedings;	4480

(4) Assistance to victims of crime or delinquent acts under	4481
the operation of any political subdivision of the state or a	4482
branch of the criminal justice system set forth in division	4483
(B)(1)(a), (b), or (c) of section 5502.61 of the Revised Code;	4484

(5) Technical assistance to persons or organizations that	4485
provide services to victims of crime or delinquent acts under the	4486
operation of a branch of the criminal justice system set forth in	4487
division (B)(1)(a), (b), or (c) of section 5502.61 of the Revised	4488
Code.	4489

A victim assistance program does not include the program for	4490
the reparation of crime victims established pursuant to Chapter	4491
2743. of the Revised Code.	4492

Sec. 109.921. (A) As used in this section:

4493

(1) "Rape crisis program" means any of the following:

4494

(a) The nonprofit state sexual assault coalition designated	4495
by the center for injury prevention and control of the federal	4496
centers for disease control and prevention;	4497

(b) A victim witness assistance program operated by a	4498
prosecuting attorney;	4499

(c) A program operated by a government-based or nonprofit	4500
entity that provides a full continuum of services to victims of	4501
sexual assault, including hotlines, victim advocacy, and support	4502
services from the onset of the need for services through the	4503
completion of healing, that does not provide medical services, and	4504
that may refer victims to physicians for medical care but does not	4505
engage in or refer for services for which the use of genetic	4506
services funds is prohibited by section 3701.511 of the Revised	4507
Code.	4508

(2) "Sexual assault" means any of the following:

4509

(a) A violation of section 2907.02, 2907.03, 2907.04,	4510
2907.05, or former section 2907.12 of the Revised Code;	4511

(b) A violation of an existing or former municipal ordinance	4512
or law of this or any other state or the United States that is or	4513
was substantially equivalent to any section listed in division	4514
(A)(2)(a) of this section.	4515

(B) There is hereby created in the state treasury the rape	4516
crisis program trust fund, consisting of money paid into the fund	4517
pursuant to sections 307.515 and 311.172 of the Revised Code and	4518
any money appropriated to the fund by the general assembly or	4519
donated to the fund. The attorney general shall administer the	4520
fund. The attorney general may use not more than five per cent of	4521
the money deposited or appropriated into the fund to pay costs	4522
associated with administering this section and shall use at least	4523
ninety-five per cent of the money deposited or appropriated into	4524
the fund for the purpose of providing funding to rape crisis	4525
programs under this section.	4526

(C)(1) The attorney general shall adopt rules under Chapter	4527
119. of the Revised Code that establish procedures for rape crisis	4528
programs to apply to the attorney general for funding out of the	4529
rape crisis program trust fund and procedures for the attorney	4530
general to distribute money out of the fund to rape crisis	4531
programs.	4532

(2) The attorney general may decide upon an application for	4533
funding out of the rape crisis program trust fund without a	4534
hearing. A decision of the attorney general to grant or deny	4535
funding is final and not appealable under Chapter 119. or any	4536
other provision of the Revised Code.	4537

(D) A rape crisis program that receives funding out of the	4538
rape crisis program trust fund shall use the money received only	4539
for the following purposes:	4540

(1) If the program is the nonprofit state sexual assault	4541
coalition, to provide training and technical assistance to service	4542
providers;	4543

(2) If the program is a victim witness assistance program, to	4544
provide victims of sexual assault with hotlines, victim advocacy,	4545
or support services;	4546

(3) If the program is a government-based or nonprofit entity	4547
that provides a full continuum of services to victims of sexual	4548
assault, to provide those services and education to prevent sexual	4549
assault.	4550

Sec. 111.02. Before entering upon the discharge of the	4551
duties of ~~his~~ office, the secretary of state shall give a bond to	4552
the state in the sum of one hundred thousand dollars, with ~~two or~~	4553
~~more sureties approved by the governor, auditor of state, and~~	4554
~~attorney general~~a surety authorized to do business in the state,	4555
conditioned for the faithful discharge of the duties of ~~his~~the	4556
office of secretary of state. The bond~~, with the approval of the~~	4557
~~proper officials~~ and the oath of office ~~indorsed thereon,~~ shall be	4558
deposited with and kept by the director of administrative services	4559
~~and kept~~ in ~~his~~the director's office.	4560

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

4561

(1) "Rule" includes any rule, regulation, bylaw, or standard	4562
having a general and uniform operation adopted by an agency under	4563
the authority of the laws governing the agency; any appendix to a	4564
rule; and any internal management rule. "Rule" does not include	4565
any guideline adopted pursuant to section 3301.0714 of the Revised	4566
Code, any order respecting the duties of employees, any finding,	4567
any determination of a question of law or fact in a matter	4568
presented to an agency, or any rule promulgated pursuant to	4569
Chapter 119., section 4141.14, division (C)(1) or (2) of section	4570
5117.02, or section 5703.14 of the Revised Code. "Rule" includes	4571
any amendment or rescission of a rule.	4572

(2) "Agency" means any governmental entity of the state and	4573
includes, but is not limited to, any board, department, division,	4574
commission, bureau, society, council, institution, state college	4575
or university, community college district, technical college	4576
district, or state community college. "Agency" does not include	4577
the general assembly, the controlling board, the adjutant	4578
general's department, or any court.	4579

(3) "Internal management rule" means any rule, regulation,	4580
bylaw, or standard governing the day-to-day staff procedures and	4581
operations within an agency.	4582

(4) "Substantive revision" has the same meaning as in	4583
division (J) of section 119.01 of the Revised Code.	4584

(B)(1) Any rule, other than a rule of an emergency nature,	4585
adopted by any agency pursuant to this section shall be effective	4586
on the tenth day after the day on which the rule in final form and	4587
in compliance with division (B)(3) of this section is filed as	4588
follows:	4589

(a) The rule shall be filed in electronic form with both the	4590
secretary of state and the director of the legislative service	4591
commission;	4592

(b) The rule shall be filed in electronic form with the joint	4593
committee on agency rule review. Division (B)(1)(b) of this	4594
section does not apply to any rule to which division (D) of this	4595
section does not apply.	4596

An agency that adopts or amends a rule that is subject to	4597
division (D) of this section shall assign a review date to the	4598
rule that is not later than five years after its effective date.	4599
If no review date is assigned to a rule, or if a review date	4600
assigned to a rule exceeds the five-year maximum, the review date	4601
for the rule is five years after its effective date. A rule with a	4602
review date is subject to review under section 119.032 of the	4603
Revised Code. This paragraph does not apply to a rule of a state	4604
college or university, community college district, technical	4605
college district, or state community college.	4606

If all filings are not completed on the same day, the rule	4607
shall be effective on the tenth day after the day on which the	4608
latest filing is completed. If an agency in adopting a rule	4609
designates an effective date that is later than the effective date	4610
provided for by division (B)(1) of this section, the rule if filed	4611
as required by such division shall become effective on the later	4612
date designated by the agency.	4613

Any rule that is required to be filed under division (B)(1)	4614
of this section is also subject to division (D) of this section if	4615
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or	4616
(8) of this section.	4617

If a rule incorporates a text or other material by reference,	4618
the agency shall comply with sections 121.71 to 121.76 of the	4619
Revised Code.	4620

(2) A rule of an emergency nature necessary for the immediate	4621
preservation of the public peace, health, or safety shall state	4622
the reasons for the necessity. The emergency rule, in final form	4623
and in compliance with division (B)(3) of this section, shall be	4624
filed in electronic form with the secretary of state, the director	4625
of the legislative service commission, and the joint committee on	4626
agency rule review. The emergency rule is effective immediately	4627
upon completion of the latest filing, except that if the agency in	4628
adopting the emergency rule designates an effective date, or date	4629
and time of day, that is later than the effective date and time	4630
provided for by division (B)(2) of this section, the emergency	4631
rule if filed as required by such division shall become effective	4632
at the later date, or later date and time of day, designated by	4633
the agency.	4634

An emergency rule becomes invalid at the end of the ninetieth	4635
day it is in effect. Prior to that date, the agency may file the	4636
emergency rule as a nonemergency rule in compliance with division	4637
(B)(1) of this section. The agency may not refile the emergency	4638
rule in compliance with division (B)(2) of this section so that,	4639
upon the emergency rule becoming invalid under such division, the	4640
emergency rule will continue in effect without interruption for	4641
another ninety-day period.	4642

(3) An agency shall file a rule under division (B)(1) or (2)	4643
of this section in compliance with the following standards and	4644
procedures:	4645

(a) The rule shall be numbered in accordance with the	4646
numbering system devised by the director for the Ohio	4647
administrative code.	4648

(b) The rule shall be prepared and submitted in compliance	4649
with the rules of the legislative service commission.	4650

(c) The rule shall clearly state the date on which it is to	4651
be effective and the date on which it will expire, if known.	4652

(d) Each rule that amends or rescinds another rule shall	4653
clearly refer to the rule that is amended or rescinded. Each	4654
amendment shall fully restate the rule as amended.	4655

If the director of the legislative service commission or the	4656
director's designee gives an agency notice pursuant to section	4657
103.05 of the Revised Code that a rule filed by the agency is not	4658
in compliance with the rules of the legislative service	4659
commission, the agency shall within thirty days after receipt of	4660
the notice conform the rule to the rules of the commission as	4661
directed in the notice.	4662

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	4663
of this section shall be recorded by the secretary of state and	4664
the director under the title of the agency adopting the rule and	4665
shall be numbered according to the numbering system devised by the	4666
director. The secretary of state and the director shall preserve	4667
the rules in an accessible manner. Each such rule shall be a	4668
public record open to public inspection and may be transmitted to	4669
any law publishing company that wishes to reproduce it.	4670

(D) At least sixty-five days before a board, commission,	4671
department, division, or bureau of the government of the state	4672
files a rule under division (B)(1) of this section, it shall file	4673
the full text of the proposed rule in electronic form with the	4674
joint committee on agency rule review, and the proposed rule is	4675
subject to legislative review and invalidation under division (I)	4676
of section 119.03 of the Revised Code. If a state board,	4677
commission, department, division, or bureau makes a substantive	4678
revision in a proposed rule after it is filed with the joint	4679
committee, the state board, commission, department, division, or	4680
bureau shall promptly file the full text of the proposed rule in	4681
its revised form in electronic form with the joint committee. The	4682
latest version of a proposed rule as filed with the joint	4683
committee supersedes each earlier version of the text of the same	4684
proposed rule. ~~Except as provided in division (F) of this section,~~	4685
aA state board, commission, department, division, or bureau shall	4686
also file the rule summary and fiscal analysis prepared under	4687
section 127.18 of the Revised Code in electronic form along with a	4688
proposed rule, and along with a proposed rule in revised form,	4689
that is filed under this division. If a proposed rule has an	4690
adverse impact on businesses, the state board, commission,	4691
department, division, or bureau also shall file the business	4692
impact analysis, any recommendations received from the common	4693
sense initiative office, and the associated memorandum of	4694
response, if any, in electronic form along with the proposed rule,	4695
or the proposed rule in revised form, that is filed under this	4696
division.	4697

As used in this division, "commission" includes the public	4698
utilities commission when adopting rules under a federal or state	4699
statute.	4700

This division does not apply to any of the following:

4701

(1) A proposed rule of an emergency nature;

4702

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	4703
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,	4704
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised	4705
Code;	4706

(3) A rule proposed by an agency other than a board,	4707
commission, department, division, or bureau of the government of	4708
the state;	4709

(4) A proposed internal management rule of a board,	4710
commission, department, division, or bureau of the government of	4711
the state;	4712

(5) Any proposed rule that must be adopted verbatim by an	4713
agency pursuant to federal law or rule, to become effective within	4714
sixty days of adoption, in order to continue the operation of a	4715
federally reimbursed program in this state, so long as the	4716
proposed rule contains both of the following:	4717

(a) A statement that it is proposed for the purpose of	4718
complying with a federal law or rule;	4719

(b) A citation to the federal law or rule that requires	4720
verbatim compliance.	4721

(6) An initial rule proposed by the director of health to	4722
impose safety standards and quality-of-care standards with respect	4723
to a health service specified in section 3702.11 of the Revised	4724
Code, or an initial rule proposed by the director to impose	4725
quality standards on a facility listed in division (A)(4) of	4726
section 3702.30 of the Revised Code, if section 3702.12 of the	4727
Revised Code requires that the rule be adopted under this section;	4728

(7) A rule of the state lottery commission pertaining to	4729
instant game rules.	4730

If a rule is exempt from legislative review under division	4731
(D)(5) of this section, and if the federal law or rule pursuant to	4732
which the rule was adopted expires, is repealed or rescinded, or	4733
otherwise terminates, the rule is thereafter subject to	4734
legislative review under division (D) of this section.	4735

(E) Whenever a state board, commission, department, division,	4736
or bureau files a proposed rule or a proposed rule in revised form	4737
under division (D) of this section, it shall also file the full	4738
text of the same proposed rule or proposed rule in revised form in	4739
electronic form with the secretary of state and the director of	4740
the legislative service commission. ~~Except as provided in division~~	4741
~~(F) of this section, a~~A state board, commission, department,	4742
division, or bureau shall file the rule summary and fiscal	4743
analysis prepared under section 127.18 of the Revised Code in	4744
electronic form along with a proposed rule or proposed rule in	4745
revised form that is filed with the secretary of state or the	4746
director of the legislative service commission.	4747

~~(F) Except as otherwise provided in this division, the~~	4748
~~auditor of state or the auditor of state's designee is not~~	4749
~~required to file a rule summary and fiscal analysis along with a~~	4750
~~proposed rule, or proposed rule in revised form, that the auditor~~	4751
~~of state proposes under section 117.12, 117.19, 117.38, or 117.43~~	4752
~~of the Revised Code and files under division (D) or (E) of this~~	4753
~~section.~~	4754

Sec. 111.28. (A) There is hereby created in the state	4755
treasury the help America vote act (HAVA) fund. All moneys	4756
received by the secretary of state from the United States election	4757
assistance commission shall be credited to the fund. The secretary	4758
of state shall use the moneys credited to the fund for activities	4759
conducted pursuant to the "Help America Vote Act of 2002," Pub. L.	4760
No. 107-252, 116 Stat. 1666. All investment earnings of the fund	4761
shall be credited to the fund.	4762

(B) There is hereby created in the state treasury the	4763
election reform/health and human services fund. All moneys	4764
received by the secretary of state from the United States	4765
department of health and human services shall be credited to the	4766
fund. The secretary of state shall use the moneys credited to the	4767
fund for activities conducted pursuant to grants awarded to the	4768
state under Title II, Subtitle D, Sections 261 to 265 of the Help	4769
America Vote Act of 2002 to assure access for individuals with	4770
disabilities. All investment earnings of the fund shall be	4771
credited to the fund.	4772

(C) There is hereby created in the state treasury the	4773
miscellaneous federal grants fund. All moneys the secretary of	4774
state receives as grants from federal sources that are not	4775
otherwise designated shall be credited to the fund. The secretary	4776
of state shall use the moneys credited to the fund for the	4777
purposes and activities required by the applicable federal grant	4778
agreements. All investment earnings of the fund shall be credited	4779
to the fund.	4780

Sec. 113.02. Before entering upon the discharge of the	4781
duties of ~~his~~ office, the treasurer of state shall give a bond to	4782
the state in the sum of one million dollars, with ~~sureties~~	4783
~~approved by the governor~~a surety authorized to do business in the	4784
state, conditioned for the faithful discharge of the duties of ~~his~~	4785
the office of treasurer of state. The bond~~, with the approval of~~	4786
~~the governor~~ and the oath of office ~~endorsed thereon,~~ shall be	4787
deposited with and kept by the secretary of state ~~and kept~~ in ~~his~~	4788
the secretary of state's office.	4789

Sec. 113.061. The treasurer of state shall adopt rules in	4790
accordance with Chapter 119. of the Revised Code governing the	4791
remittance of taxes by electronic funds transfer as required under	4792
sections 3769.103, 5726.03, 5727.311, 5727.83, 5733.022, 5735.062,	4793
5736.04, 5739.032, 5745.04, ~~and~~ 5747.072, 5749.06, and 5751.07 of	4794
the Revised Code and any other section of the Revised Code under	4795
which a person is required to remit taxes by electronic funds	4796
transfer. The rules shall govern the modes of electronic funds	4797
transfer acceptable to the treasurer of state and under what	4798
circumstances each mode is acceptable, the content and format of	4799
electronic funds transfers, the coordination of payment by	4800
electronic funds transfer and filing of associated tax reports and	4801
returns, the remittance of taxes by means other than electronic	4802
funds transfer by persons otherwise required to do so but relieved	4803
of the requirement by the treasurer of state, and any other matter	4804
that in the opinion of the treasurer of state facilitates payment	4805
by electronic funds transfer in a manner consistent with those	4806
sections.	4807

Upon failure by a person, if so required, to remit taxes by	4808
electronic funds transfer in the manner prescribed under section	4809
3769.103, 5726.03, 5727.83, 5733.022, 5735.062, 5736.04, 5739.032,	4810
5745.04, or 5747.072, 5749.06, or 5751.07 of the Revised Code and	4811
rules adopted under this section, the treasurer of state shall	4812
notify the tax commissioner of such failure if the treasurer of	4813
state determines that such failure was not due to reasonable cause	4814
or was due to willful neglect, and shall provide the tax	4815
commissioner with any information used in making that	4816
determination. The tax commissioner may assess an additional	4817
charge as specified in the respective section of the Revised Code	4818
governing the requirement to remit taxes by electronic funds	4819
transfer.	4820

The treasurer of state may implement means of acknowledging,	4821
upon the request of a taxpayer, receipt of tax remittances made by	4822
electronic funds transfer, and may adopt rules governing	4823
acknowledgments. The cost of acknowledging receipt of electronic	4824
remittances shall be paid by the person requesting acknowledgment.	4825

The treasurer of state, not the tax commissioner, is	4826
responsible for resolving any problems involving electronic funds	4827
transfer transmissions.	4828

Sec. 117.03. Before entering upon the discharge of the	4829
duties of ~~his~~ office, the auditor of state shall give a bond to	4830
the state in the sum of twenty thousand dollars, with a surety	4831
~~approved by the governor~~authorized to do business in the state,	4832
conditioned for the faithful discharge of the duties of ~~his~~the	4833
office of auditor of state. The bond~~, with the approval of the~~	4834
~~governor~~ and the oath of office ~~endorsed thereon,~~ shall be	4835
deposited with and kept by the secretary of state and kept in ~~his~~	4836
the secretary of state's office.	4837

Sec. 117.10. The auditor of state shall audit all public	4838
offices as provided in this chapter. The auditor of state also may	4839
audit the accounts of private institutions, associations, boards,	4840
and corporations receiving public money for their use and may	4841
require of them annual reports in such form as the auditor of	4842
state prescribes.	4843

If the auditor of state performs or contracts for the	4844
performance of an audit, including a special audit, of the public	4845
employees retirement system, school employees retirement system,	4846
state teachers retirement system, state highway patrol retirement	4847
system, or Ohio police and fire pension fund, the auditor of state	4848
shall make a timely report of the results of the audit to the Ohio	4849
retirement study council.	4850

The auditor of state may audit the accounts of any medicaid	4851
provider, as defined in section ~~5111.06~~5164.01 of the Revised	4852
Code.	4853

If a public office has been audited by an agency of the	4854
United States government, the auditor of state may, if satisfied	4855
that the federal audit has been conducted according to principles	4856
and procedures not contrary to those of the auditor of state, use	4857
and adopt the federal audit and report in lieu of an audit by the	4858
auditor of state's own office.	4859

Within thirty days after the creation or dissolution or the	4860
winding up of the affairs of any public office, that public office	4861
shall notify the auditor of state in writing that this action has	4862
occurred.	4863

Sec. 117.20. (A) In adopting rules pursuant to Chapter 117.	4864
of the Revised Code, the auditor of state or the auditor of	4865
state's designee shall do both of the following:	4866

(1) Before adopting any such rule, except a rule of an	4867
emergency nature, do each of the following:	4868

(a) At least thirty-five days before any public hearing on	4869
the proposed rule-making action, mail or send by electronic mail	4870
notice of the hearing to each public office and to each statewide	4871
organization that the auditor of state or designee determines will	4872
be affected or represents persons who will be affected by the	4873
proposed rule-making action;	4874

(b) Mail or send by electronic mail a copy of the proposed	4875
rule to any person or organization that requests a copy within	4876
five days after receipt of the request;	4877

(c) Consult with appropriate state and local government	4878
agencies, or with persons representative of their interests,	4879
including statewide organizations of local government officials,	4880
and consult with accounting professionals and other interested	4881
persons;	4882

(d) Conduct, on the date and at the time and place designated	4883
in the notice, a public hearing at which any person affected by	4884
the proposed rule, including statewide organizations of local	4885
government officials, may appear and be heard in person, by	4886
attorney, or both, and may present the person's or organization's	4887
position or contentions orally or in writing.	4888

(2) ~~Except as otherwise provided in division (A)(2) of this~~	4889
~~section, comply~~Comply with ~~divisions (B) to (E) of~~ section 111.15	4890
of the Revised Code. ~~The auditor of state is not required to file~~	4891
~~a rule summary and fiscal analysis along with any copy of a~~	4892
~~proposed rule, or proposed rule in revised form, that is filed~~	4893
~~with the joint committee on agency rule review, the secretary of~~	4894
~~state, or the director of the legislative service commission under~~	4895
~~division (D) or (E) of section 111.15 of the Revised Code.~~	4896

(B) The auditor of state shall diligently discharge the	4897
duties imposed by divisions (A)(1)(a), (b), and (c) of this	4898
section, but failure to mail or send by electronic mail any notice	4899
or copy of a proposed rule, or to consult with any person or	4900
organization, shall not invalidate any rule.	4901

(C) Notwithstanding any contrary provision of the Revised	4902
Code, the auditor of state may prepare and disseminate, to public	4903
offices and other interested persons and organizations, advisory	4904
bulletins, directives, and instructions relating to accounting and	4905
financial reporting systems, budgeting procedures, fiscal	4906
controls, and the constructions by the auditor of state of	4907
constitutional and statutory provisions, court decisions, and	4908
opinions of the attorney general. The bulletins, directives, and	4909
instructions shall be of an advisory nature only.	4910

(D) As used in this section, "rule" includes the adoption,	4911
amendment, or rescission of a rule.	4912

Sec. 119.01. As used in sections 119.01 to 119.13 of the	4913
Revised Code:	4914

(A)(1) "Agency" means, except as limited by this division,	4915
any official, board, or commission having authority to promulgate	4916
rules or make adjudications in the civil service commission, the	4917
division of liquor control, the department of taxation, the	4918
industrial commission, the bureau of workers' compensation, the	4919
functions of any administrative or executive officer, department,	4920
division, bureau, board, or commission of the government of the	4921
state specifically made subject to sections 119.01 to 119.13 of	4922
the Revised Code, and the licensing functions of any	4923
administrative or executive officer, department, division, bureau,	4924
board, or commission of the government of the state having the	4925
authority or responsibility of issuing, suspending, revoking, or	4926
canceling licenses.	4927

Except as otherwise provided in division (I) of this section,	4928
sections 119.01 to 119.13 of the Revised Code do not apply to the	4929
public utilities commission. Sections 119.01 to 119.13 of the	4930
Revised Code do not apply to the utility radiological safety	4931
board; to the controlling board; to actions of the superintendent	4932
of financial institutions and the superintendent of insurance in	4933
the taking possession of, and rehabilitation or liquidation of,	4934
the business and property of banks, savings and loan associations,	4935
savings banks, credit unions, insurance companies, associations,	4936
reciprocal fraternal benefit societies, and bond investment	4937
companies; to any action taken by the division of securities under	4938
section 1707.201 of the Revised Code; or to any action that may be	4939
taken by the superintendent of financial institutions under	4940
section 1113.03, 1121.06, 1121.10, 1125.09, 1125.12, 1125.18,	4941
1157.09, 1157.12, 1157.18, 1165.09, 1165.12, 1165.18, 1349.33,	4942
1733.35, 1733.361, 1733.37, or 1761.03 of the Revised Code.	4943

Sections 119.01 to 119.13 of the Revised Code do not apply to	4944
actions of the industrial commission or the bureau of workers'	4945
compensation under sections 4123.01 to 4123.94 of the Revised Code	4946
with respect to all matters of adjudication, or to the actions of	4947
the industrial commission, bureau of workers' compensation board	4948
of directors, and bureau of workers' compensation under division	4949
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341,	4950
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions	4951
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and	4952
(E) of section 4131.14 of the Revised Code with respect to all	4953
matters concerning the establishment of premium, contribution, and	4954
assessment rates.	4955

(2) "Agency" also means any official or work unit having	4956
authority to promulgate rules or make adjudications in the	4957
department of job and family services, but only with respect to	4958
both of the following:	4959

(a) The adoption, amendment, or rescission of rules that	4960
section 5101.09 of the Revised Code requires be adopted in	4961
accordance with this chapter;	4962

(b) The issuance, suspension, revocation, or cancellation of	4963
licenses.	4964

(B) "License" means any license, permit, certificate,	4965
commission, or charter issued by any agency. "License" does not	4966
include any arrangement whereby a person~~, institution,~~ or	4967
government entity furnishes medicaid services under a provider	4968
agreement with the department of ~~job and family services pursuant~~	4969
~~to Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	4970
~~U.S.C. 301, as amended~~medicaid.	4971

(C) "Rule" means any rule, regulation, or standard, having a	4972
general and uniform operation, adopted, promulgated, and enforced	4973
by any agency under the authority of the laws governing such	4974
agency, and includes any appendix to a rule. "Rule" does not	4975
include any internal management rule of an agency unless the	4976
internal management rule affects private rights and does not	4977
include any guideline adopted pursuant to section 3301.0714 of the	4978
Revised Code.	4979

(D) "Adjudication" means the determination by the highest or	4980
ultimate authority of an agency of the rights, duties, privileges,	4981
benefits, or legal relationships of a specified person, but does	4982
not include the issuance of a license in response to an	4983
application with respect to which no question is raised, nor other	4984
acts of a ministerial nature.	4985

(E) "Hearing" means a public hearing by any agency in	4986
compliance with procedural safeguards afforded by sections 119.01	4987
to 119.13 of the Revised Code.	4988

(F) "Person" means a person, firm, corporation, association,	4989
or partnership.	4990

(G) "Party" means the person whose interests are the subject	4991
of an adjudication by an agency.	4992

(H) "Appeal" means the procedure by which a person, aggrieved	4993
by a finding, decision, order, or adjudication of any agency,	4994
invokes the jurisdiction of a court.	4995

(I) "Rule-making agency" means any board, commission,	4996
department, division, or bureau of the government of the state	4997
that is required to file proposed rules, amendments, or	4998
rescissions under division (D) of section 111.15 of the Revised	4999
Code and any agency that is required to file proposed rules,	5000
amendments, or rescissions under divisions (B) and (H) of section	5001
119.03 of the Revised Code. "Rule-making agency" includes the	5002
public utilities commission. "Rule-making agency" does not include	5003
any state-supported college or university.	5004

(J) "Substantive revision" means any addition to, elimination	5005
from, or other change in a rule, an amendment of a rule, or a	5006
rescission of a rule, whether of a substantive or procedural	5007
nature, that changes any of the following:	5008

(1) That which the rule, amendment, or rescission permits,	5009
authorizes, regulates, requires, prohibits, penalizes, rewards, or	5010
otherwise affects;	5011

(2) The scope or application of the rule, amendment, or	5012
rescission.	5013

(K) "Internal management rule" means any rule, regulation, or	5014
standard governing the day-to-day staff procedures and operations	5015
within an agency.	5016

Sec. 120.06. (A)(1) The state public defender, when	5017
designated by the court or requested by a county public defender	5018
or joint county public defender, may provide legal representation	5019
in all courts throughout the state to indigent adults and	5020
juveniles who are charged with the commission of an offense or act	5021
for which the penalty or any possible adjudication includes the	5022
potential loss of liberty.	5023

(2) The state public defender may provide legal	5024
representation to any indigent person who, while incarcerated in	5025
any state correctional institution, is charged with a felony	5026
offense, for which the penalty or any possible adjudication that	5027
may be imposed by a court upon conviction includes the potential	5028
loss of liberty.	5029

(3) The state public defender may provide legal	5030
representation to any person incarcerated in any correctional	5031
institution of the state, in any matter in which the person	5032
asserts the person is unlawfully imprisoned or detained.	5033

(4) The state public defender, in any case in which the state	5034
public defender has provided legal representation or is requested	5035
to do so by a county public defender or joint county public	5036
defender, may provide legal representation on appeal.	5037

(5) The state public defender, when designated by the court	5038
or requested by a county public defender, joint county public	5039
defender, or the director of rehabilitation and correction, shall	5040
provide legal representation in parole and probation revocation	5041
matters or matters relating to the revocation of community control	5042
or post-release control under a community control sanction or	5043
post-release control sanction, unless the state public defender	5044
finds that the alleged parole or probation violator or alleged	5045
violator of a community control sanction or post-release control	5046
sanction has the financial capacity to retain the alleged	5047
violator's own counsel.	5048

(6) If the state public defender contracts with a county	5049
public defender commission, a joint county public defender	5050
commission, or a board of county commissioners for the provision	5051
of services, under authority of division (C)(7) of section 120.04	5052
of the Revised Code, the state public defender shall provide legal	5053
representation in accordance with the contract.	5054

(B) The state public defender shall not be required to	5055
prosecute any appeal, postconviction remedy, or other proceeding	5056
pursuant to division (A)(3), (4), or (5) of this section, unless	5057
the state public defender first is satisfied that there is	5058
arguable merit to the proceeding.	5059

(C) A court may appoint counsel or allow an indigent person	5060
to select the indigent's own personal counsel to assist the state	5061
public defender as co-counsel when the interests of justice so	5062
require. When co-counsel is appointed to assist the state public	5063
defender, the co-counsel shall receive any compensation that the	5064
court may approve, not to exceed the amounts provided for in	5065
section 2941.51 of the Revised Code.	5066

(D)(1) When the state public defender is designated by the	5067
court or requested by a county public defender or joint county	5068
public defender to provide legal representation for an indigent	5069
person in any case, other than pursuant to a contract entered into	5070
under authority of division (C)(7) of section 120.04 of the	5071
Revised Code, the state public defender shall send to the county	5072
in which the case is filed a bill detailing the actual cost of the	5073
representation that separately itemizes legal fees and expenses.	5074
The county, upon receipt of an itemized bill from the state public	5075
defender pursuant to this division, shall pay the state public	5076
defender each of the following amounts:	5077

(a) For the amount identified as legal fees in the itemized	5078
bill, one hundred per cent of the amount identified as legal fees	5079
less the state reimbursement rate as calculated by the state	5080
public defender pursuant to section 120.34 of the Revised Code for	5081
the month the case terminated, as set forth in the itemized bill;	5082

(b) For the amount identified as expenses in the itemized	5083
bill, one hundred per cent.	5084

(2) Upon payment of the itemized bill under division (D)(1)	5085
of this section, the county may submit the cost of the expenses,	5086
excluding legal fees, to the state public defender for	5087
reimbursement pursuant to section 120.33 of the Revised Code.	5088

(3) When the state public defender provides investigation or	5089
mitigation services to private appointed counsel or to a county or	5090
joint county public defender as approved by the appointing court,	5091
other than pursuant to a contract entered into under authority of	5092
division (C)(7) of section 120.04 of the Revised Code, the state	5093
public defender shall send to the county in which the case is	5094
filed a bill itemizing the actual cost of the services provided.	5095
The county, upon receipt of an itemized bill from the state public	5096
defender pursuant to this division, shall pay one hundred per cent	5097
of the amount as set forth in the itemized bill. Upon payment of	5098
the itemized bill received pursuant to this division, the county	5099
may submit the cost of the investigation and mitigation services	5100
to the state public defender for reimbursement pursuant to section	5101
120.33 of the Revised Code.	5102

(4) There is hereby created in the state treasury the county	5103
representation fund for the deposit of moneys received from	5104
counties under this division. All moneys credited to the fund	5105
shall be used by the state public defender to provide legal	5106
representation for indigent persons when designated by the court	5107
or requested by a county or joint county public defender or to	5108
provide investigation or mitigation services, including	5109
investigation or mitigation services to private appointed counsel	5110
or a county or joint county public defender, as approved by the	5111
court.	5112

(E)(1) Notwithstanding any contrary provision of sections	5113
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	5114
that pertains to representation by the attorney general, an	5115
assistant attorney general, or special counsel of an officer or	5116
employee, as defined in section 109.36 of the Revised Code, or of	5117
an entity of state government, the state public defender may elect	5118
to contract with, and to have the state pay pursuant to division	5119
(E)(2) of this section for the services of, private legal counsel	5120
to represent the Ohio public defender commission, the state public	5121
defender, assistant state public defenders, other employees of the	5122
commission or the state public defender, and attorneys described	5123
in division (C) of section 120.41 of the Revised Code in a	5124
malpractice or other civil action or proceeding that arises from	5125
alleged actions or omissions related to responsibilities derived	5126
pursuant to this chapter, or in a civil action that is based upon	5127
alleged violations of the constitution or statutes of the United	5128
States, including section 1983 of Title 42 of the United States	5129
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	5130
arises from alleged actions or omissions related to	5131
responsibilities derived pursuant to this chapter, if the state	5132
public defender determines, in good faith, that the defendant in	5133
the civil action or proceeding did not act manifestly outside the	5134
scope of the defendant's employment or official responsibilities,	5135
with malicious purpose, in bad faith, or in a wanton or reckless	5136
manner. If the state public defender elects not to contract	5137
pursuant to this division for private legal counsel in a civil	5138
action or proceeding, then, in accordance with sections 109.02,	5139
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	5140
attorney general shall represent or provide for the representation	5141
of the Ohio public defender commission, the state public defender,	5142
assistant state public defenders, other employees of the	5143
commission or the state public defender, or attorneys described in	5144
division (C) of section 120.41 of the Revised Code in the civil	5145
action or proceeding.	5146

(2)(a) Subject to division (E)(2)(b) of this section, payment	5147
from the state treasury for the services of private legal counsel	5148
with whom the state public defender has contracted pursuant to	5149
division (E)(1) of this section shall be accomplished only through	5150
the following procedure:	5151

(i) The private legal counsel shall file with the attorney	5152
general a copy of the contract; a request for an award of legal	5153
fees, court costs, and expenses earned or incurred in connection	5154
with the defense of the Ohio public defender commission, the state	5155
public defender, an assistant state public defender, an employee,	5156
or an attorney in a specified civil action or proceeding; a	5157
written itemization of those fees, costs, and expenses, including	5158
the signature of the state public defender and the state public	5159
defender's attestation that the fees, costs, and expenses were	5160
earned or incurred pursuant to division (E)(1) of this section to	5161
the best of the state public defender's knowledge and information;	5162
a written statement whether the fees, costs, and expenses are for	5163
all legal services to be rendered in connection with that defense,	5164
are only for legal services rendered to the date of the request	5165
and additional legal services likely will have to be provided in	5166
connection with that defense, or are for the final legal services	5167
rendered in connection with that defense; a written statement	5168
indicating whether the private legal counsel previously submitted	5169
a request for an award under division (E)(2) of this section in	5170
connection with that defense and, if so, the date and the amount	5171
of each award granted; and, if the fees, costs, and expenses are	5172
for all legal services to be rendered in connection with that	5173
defense or are for the final legal services rendered in connection	5174
with that defense, a certified copy of any judgment entry in the	5175
civil action or proceeding or a signed copy of any settlement	5176
agreement entered into between the parties to the civil action or	5177
proceeding.	5178

(ii) Upon receipt of a request for an award of legal fees,	5179
court costs, and expenses and the requisite supportive	5180
documentation described in division (E)(2)(a)(i) of this section,	5181
the attorney general shall review the request and documentation;	5182
determine whether any of the limitations specified in division	5183
(E)(2)(b) of this section apply to the request; and, if an award	5184
of legal fees, court costs, or expenses is permissible after	5185
applying the limitations, prepare a document awarding legal fees,	5186
court costs, or expenses to the private legal counsel. The	5187
document shall name the private legal counsel as the recipient of	5188
the award; specify the total amount of the award as determined by	5189
the attorney general; itemize the portions of the award that	5190
represent legal fees, court costs, and expenses; specify any	5191
limitation applied pursuant to division (E)(2)(b) of this section	5192
to reduce the amount of the award sought by the private legal	5193
counsel; state that the award is payable from the state treasury	5194
pursuant to division (E)(2)(a)(iii) of this section; and be	5195
approved by the inclusion of the signatures of the attorney	5196
general, the state public defender, and the private legal counsel.	5197

(iii) The attorney general shall forward a copy of the	5198
document prepared pursuant to division (E)(2)(a)(ii) of this	5199
section to the director of budget and management. The award of	5200
legal fees, court costs, or expenses shall be paid out of the	5201
state public defender's appropriations, to the extent there is a	5202
sufficient available balance in those appropriations. If the state	5203
public defender does not have a sufficient available balance in	5204
the state public defender's appropriations to pay the entire award	5205
of legal fees, court costs, or expenses, the director shall make	5206
application for a transfer of appropriations out of the emergency	5207
purposes account or any other appropriation for emergencies or	5208
contingencies in an amount equal to the portion of the award that	5209
exceeds the sufficient available balance in the state public	5210
defender's appropriations. A transfer of appropriations out of the	5211
emergency purposes account or any other appropriation for	5212
emergencies or contingencies shall be authorized if there are	5213
sufficient moneys greater than the sum total of then pending	5214
emergency purposes account requests, or requests for releases from	5215
the other appropriation. If a transfer of appropriations out of	5216
the emergency purposes account or other appropriation for	5217
emergencies or contingencies is made to pay an amount equal to the	5218
portion of the award that exceeds the sufficient available balance	5219
in the state public defender's appropriations, the director shall	5220
cause the payment to be made to the private legal counsel. If	5221
sufficient moneys do not exist in the emergency purposes account	5222
or other appropriation for emergencies or contingencies to pay an	5223
amount equal to the portion of the award that exceeds the	5224
sufficient available balance in the state public defender's	5225
appropriations, the private legal counsel shall request the	5226
general assembly to make an appropriation sufficient to pay an	5227
amount equal to the portion of the award that exceeds the	5228
sufficient available balance in the state public defender's	5229
appropriations, and no payment in that amount shall be made until	5230
the appropriation has been made. The private legal counsel shall	5231
make the request during the current biennium and during each	5232
succeeding biennium until a sufficient appropriation is made.	5233

(b) An award of legal fees, court costs, and expenses	5234
pursuant to division (E) of this section is subject to the	5235
following limitations:	5236

(i) The maximum award or maximum aggregate of a series of	5237
awards of legal fees, court costs, and expenses to the private	5238
legal counsel in connection with the defense of the Ohio public	5239
defender commission, the state public defender, an assistant state	5240
public defender, an employee, or an attorney in a specified civil	5241
action or proceeding shall not exceed fifty thousand dollars.	5242

(ii) The private legal counsel shall not be awarded legal	5243
fees, court costs, or expenses to the extent the fees, costs, or	5244
expenses are covered by a policy of malpractice or other	5245
insurance.	5246

(iii) The private legal counsel shall be awarded legal fees	5247
and expenses only to the extent that the fees and expenses are	5248
reasonable in light of the legal services rendered by the private	5249
legal counsel in connection with the defense of the Ohio public	5250
defender commission, the state public defender, an assistant state	5251
public defender, an employee, or an attorney in a specified civil	5252
action or proceeding.	5253

(c) If, pursuant to division (E)(2)(a) of this section, the	5254
attorney general denies a request for an award of legal fees,	5255
court costs, or expenses to private legal counsel because of the	5256
application of a limitation specified in division (E)(2)(b) of	5257
this section, the attorney general shall notify the private legal	5258
counsel in writing of the denial and of the limitation applied.	5259

(d) If, pursuant to division (E)(2)(c) of this section, a	5260
private legal counsel receives a denial of an award notification	5261
or if a private legal counsel refuses to approve a document under	5262
division (E)(2)(a)(ii) of this section because of the proposed	5263
application of a limitation specified in division (E)(2)(b) of	5264
this section, the private legal counsel may commence a civil	5265
action against the attorney general in the court of claims to	5266
prove the private legal counsel's entitlement to the award sought,	5267
to prove that division (E)(2)(b) of this section does not prohibit	5268
or otherwise limit the award sought, and to recover a judgment for	5269
the amount of the award sought. A civil action under division	5270
(E)(2)(d) of this section shall be commenced no later than two	5271
years after receipt of a denial of award notification or, if the	5272
private legal counsel refused to approve a document under division	5273
(E)(2)(a)(ii) of this section because of the proposed application	5274
of a limitation specified in division (E)(2)(b) of this section,	5275
no later than two years after the refusal. Any judgment of the	5276
court of claims in favor of the private legal counsel shall be	5277
paid from the state treasury in accordance with division (E)(2)(a)	5278
of this section.	5279

(F) If a court appoints the office of the state public	5280
defender to represent a petitioner in a postconviction relief	5281
proceeding under section 2953.21 of the Revised Code, the	5282
petitioner has received a sentence of death, and the proceeding	5283
relates to that sentence, all of the attorneys who represent the	5284
petitioner in the proceeding pursuant to the appointment, whether	5285
an assistant state public defender, the state public defender, or	5286
another attorney, shall be certified under Rule 20 of the Rules of	5287
Superintendence for the Courts of Ohio to represent indigent	5288
defendants charged with or convicted of an offense for which the	5289
death penalty can be or has been imposed.	5290

(G)(1) The state public defender may conduct a legal	5291
assistance referral service for children committed to the	5292
department of youth services relative to conditions of confinement	5293
claims. If the legal assistance referral service receives a	5294
request for assistance from a child confined in a facility	5295
operated, or contracted for, by the department of youth services	5296
and the state public defender determines that the child has a	5297
conditions of confinement claim that has merit, the state public	5298
defender may refer the child to a private attorney. If no private	5299
attorney who the child has been referred to by the state public	5300
defender accepts the case within a reasonable time, the state	5301
public defender may prepare, as appropriate, pro se pleadings in	5302
the form of a complaint regarding the conditions of confinement at	5303
the facility where the child is confined with a motion for	5304
appointment of counsel and other applicable pleadings necessary	5305
for sufficient pro se representation.	5306

(2) Division (G)(1) of this section does not authorize the	5307
state public defender to represent a child committed to the	5308
department of youth services in general civil matters arising	5309
solely out of state law.	5310

(3) The state public defender shall not undertake the	5311
representation of a child in court based on a conditions of	5312
confinement claim arising under this division.	5313

(H) A child's right to representation or services under this	5314
section is not affected by the child, or another person on behalf	5315
of the child, previously having paid for similar representation or	5316
services or having waived legal representation.	5317

(I) The state public defender shall have reasonable access to	5318
any child committed to the department of youth services,	5319
department of youth services institution, and department of youth	5320
services record as needed to implement this section.	5321

(J) As used in this section:

5322

(1) "Community control sanction" has the same meaning as in	5323
section 2929.01 of the Revised Code.	5324

(2) "Conditions of confinement" means any issue involving a	5325
constitutional right or other civil right related to a child's	5326
incarceration, including, but not limited to, actions cognizable	5327
under 42 U.S.C. 1983.	5328

(3) "Post-release control sanction" has the same meaning as	5329
in section 2967.01 of the Revised Code.	5330

Sec. 121.02. The following administrative departments and	5331
their respective directors are hereby created:	5332

(A) The office of budget and management, which shall be	5333
administered by the director of budget and management;	5334

(B) The department of commerce, which shall be administered	5335
by the director of commerce;	5336

(C) The department of administrative services, which shall be	5337
administered by the director of administrative services;	5338

(D) The department of transportation, which shall be	5339
administered by the director of transportation;	5340

(E) The department of agriculture, which shall be	5341
administered by the director of agriculture;	5342

(F) The department of natural resources, which shall be	5343
administered by the director of natural resources;	5344

(G) The department of health, which shall be administered by	5345
the director of health;	5346

(H) The department of job and family services, which shall be	5347
administered by the director of job and family services;	5348

(I) Until July 1, 1997, the department of liquor control,	5349
which shall be administered by the director of liquor control;	5350

(J) The department of public safety, which shall be	5351
administered by the director of public safety;	5352

(K) The department of ~~mental health~~mental health and	5353
addiction services, which shall be administered by the director of	5354
~~mental health~~mental health and addiction services;	5355

(L) The department of developmental disabilities, which shall	5356
be administered by the director of developmental disabilities;	5357

(M) The department of insurance, which shall be administered	5358
by the superintendent of insurance as director thereof;	5359

(N) The development services agency, which shall be	5360
administered by the director of development services;	5361

(O) The department of youth services, which shall be	5362
administered by the director of youth services;	5363

(P) The department of rehabilitation and correction, which	5364
shall be administered by the director of rehabilitation and	5365
correction;	5366

(Q) The environmental protection agency, which shall be	5367
administered by the director of environmental protection;	5368

(R) The department of aging, which shall be administered by	5369
the director of aging;	5370

(S) ~~The department of alcohol and drug addiction services,~~	5371
~~which shall be administered by the director of~~ ~~alcohol and drug~~	5372
~~addiction services~~;	5373

~~(T)~~ The department of veterans services, which shall be	5374
administered by the director of veterans services;	5375

(T) The department of medicaid, which shall be administered	5376
by the medicaid director.	5377

The director of each department shall exercise the powers and	5378
perform the duties vested by law in such department.	5379

Sec. 121.03. The following administrative department heads	5380
shall be appointed by the governor, with the advice and consent of	5381
the senate, and shall hold their offices during the term of the	5382
appointing governor, and are subject to removal at the pleasure of	5383
the governor.	5384

(A) The director of budget and management;

5385

(B) The director of commerce;

5386

5387

(D) The director of agriculture;

5388

(E) The director of job and family services;

5389

(F) Until July 1, 1997, the director of liquor control;

5390

(G) The director of public safety;

5391

(H) The superintendent of insurance;

5392

(I) The director of development services;

5393

(J) The tax commissioner;

5394

(K) The director of administrative services;

5395

(L) The director of natural resources;

5396

(M) The director of ~~mental health~~mental health and addiction	5397
services;	5398

(N) The director of developmental disabilities;

5399

(O) The director of health;

5400

(P) The director of youth services;

5401

(Q) The director of rehabilitation and correction;

5402

(R) The director of environmental protection;

5403

(S) The director of aging;

5404

(T) ~~The director of alcohol and drug addiction services;~~

5405

~~(U)~~ The administrator of workers' compensation who meets the	5406
qualifications required under division (A) of section 4121.121 of	5407
the Revised Code;	5408

~~(V)~~(U) The director of veterans services who meets the	5409
qualifications required under section 5902.01 of the Revised Code;	5410

~~(W)~~(V) The chancellor of the Ohio board of regents;

5411

(W) The medicaid director.

5412

Sec. 121.22. (A) This section shall be liberally construed	5413
to require public officials to take official action and to conduct	5414
all deliberations upon official business only in open meetings	5415
unless the subject matter is specifically excepted by law.	5416

(B) As used in this section:

5417

(1) "Public body" means any of the following:

5418

(a) Any board, commission, committee, council, or similar	5419
decision-making body of a state agency, institution, or authority,	5420
and any legislative authority or board, commission, committee,	5421
council, agency, authority, or similar decision-making body of any	5422
county, township, municipal corporation, school district, or other	5423
political subdivision or local public institution;	5424

(b) Any committee or subcommittee of a body described in	5425
division (B)(1)(a) of this section;	5426

(c) A court of jurisdiction of a sanitary district organized	5427
wholly for the purpose of providing a water supply for domestic,	5428
municipal, and public use when meeting for the purpose of the	5429
appointment, removal, or reappointment of a member of the board of	5430
directors of such a district pursuant to section 6115.10 of the	5431
Revised Code, if applicable, or for any other matter related to	5432
such a district other than litigation involving the district. As	5433
used in division (B)(1)(c) of this section, "court of	5434
jurisdiction" has the same meaning as "court" in section 6115.01	5435
of the Revised Code.	5436

(2) "Meeting" means any prearranged discussion of the public	5437
business of the public body by a majority of its members.	5438

(3) "Regulated individual" means either of the following:

5439

(a) A student in a state or local public educational	5440
institution;	5441

(b) A person who is, voluntarily or involuntarily, an inmate,	5442
patient, or resident of a state or local institution because of	5443
criminal behavior, mental illness or retardation, disease,	5444
disability, age, or other condition requiring custodial care.	5445

(4) "Public office" has the same meaning as in section	5446
149.011 of the Revised Code.	5447

(C) All meetings of any public body are declared to be public	5448
meetings open to the public at all times. A member of a public	5449
body shall be present in person at a meeting open to the public to	5450
be considered present or to vote at the meeting and for purposes	5451
of determining whether a quorum is present at the meeting.	5452

The minutes of a regular or special meeting of any public	5453
body shall be promptly prepared, filed, and maintained and shall	5454
be open to public inspection. The minutes need only reflect the	5455
general subject matter of discussions in executive sessions	5456
authorized under division (G) or (J) of this section.	5457

(D) This section does not apply to any of the following:

5458

(1) A grand jury;

5459

(2) An audit conference conducted by the auditor of state or	5460
independent certified public accountants with officials of the	5461
public office that is the subject of the audit;	5462

(3) The adult parole authority when its hearings are	5463
conducted at a correctional institution for the sole purpose of	5464
interviewing inmates to determine parole or pardon;	5465

(4) The organized crime investigations commission established	5466
under section 177.01 of the Revised Code;	5467

(5) Meetings of a child fatality review board established	5468
under section 307.621 of the Revised Code and meetings conducted	5469
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	5470

(6) The state medical board when determining whether to	5471
suspend a certificate without a prior hearing pursuant to division	5472
(G) of either section 4730.25 or 4731.22 of the Revised Code;	5473

(7) The board of nursing when determining whether to suspend	5474
a license or certificate without a prior hearing pursuant to	5475
division (B) of section 4723.281 of the Revised Code;	5476

(8) The state board of pharmacy when determining whether to	5477
suspend a license without a prior hearing pursuant to division (D)	5478
of section 4729.16 of the Revised Code;	5479

(9) The state chiropractic board when determining whether to	5480
suspend a license without a hearing pursuant to section 4734.37 of	5481
the Revised Code;	5482

(10) The executive committee of the emergency response	5483
commission when determining whether to issue an enforcement order	5484
or request that a civil action, civil penalty action, or criminal	5485
action be brought to enforce Chapter 3750. of the Revised Code;	5486

(11) The board of directors of the nonprofit corporation	5487
formed under section 187.01 of the Revised Code or any committee	5488
thereof, and the board of directors of any subsidiary of that	5489
corporation or a committee thereof;	5490

(12) An audit conference conducted by the audit staff of the	5491
department of job and family services with officials of the public	5492
office that is the subject of that audit under section 5101.37 of	5493
the Revised Code;	5494

(13) The occupational therapy section of the occupational	5495
therapy, physical therapy, and athletic trainers board when	5496
determining whether to suspend a license or limited permit without	5497
a hearing pursuant to division (D) of section 4755.11 of the	5498
Revised Code;	5499

(14) The physical therapy section of the occupational	5500
therapy, physical therapy, and athletic trainers board when	5501
determining whether to suspend a license without a hearing	5502
pursuant to division (E) of section 4755.47 of the Revised Code;	5503

(15) The athletic trainers section of the occupational	5504
therapy, physical therapy, and athletic trainers board when	5505
determining whether to suspend a license without a hearing	5506
pursuant to division (D) of section 4755.64 of the Revised Code.	5507

(E) The controlling board, ~~the industrial technology and~~	5508
~~enterprise advisory council,~~ the tax credit authority, or the	5509
minority development financing advisory board, when meeting to	5510
consider granting assistance pursuant to Chapter 122. or 166. of	5511
the Revised Code, in order to protect the interest of the	5512
applicant or the possible investment of public funds, by unanimous	5513
vote of all board~~, council,~~ or authority members present, may	5514
close the meeting during consideration of the following	5515
information confidentially received by the authority~~, council,~~ or	5516
board from the applicant:	5517

(1) Marketing plans;

5518

(2) Specific business strategy;

5519

(3) Production techniques and trade secrets;

5520

(4) Financial projections;

5521

(5) Personal financial statements of the applicant or members	5522
of the applicant's immediate family, including, but not limited	5523
to, tax records or other similar information not open to public	5524
inspection.	5525

The vote by the authority~~, council,~~ or board to accept or	5526
reject the application, as well as all proceedings of the	5527
authority~~, council,~~ or board not subject to this division, shall	5528
be open to the public and governed by this section.	5529

(F) Every public body, by rule, shall establish a reasonable	5530
method whereby any person may determine the time and place of all	5531
regularly scheduled meetings and the time, place, and purpose of	5532
all special meetings. A public body shall not hold a special	5533
meeting unless it gives at least twenty-four hours' advance notice	5534
to the news media that have requested notification, except in the	5535
event of an emergency requiring immediate official action. In the	5536
event of an emergency, the member or members calling the meeting	5537
shall notify the news media that have requested notification	5538
immediately of the time, place, and purpose of the meeting.	5539

The rule shall provide that any person, upon request and	5540
payment of a reasonable fee, may obtain reasonable advance	5541
notification of all meetings at which any specific type of public	5542
business is to be discussed. Provisions for advance notification	5543
may include, but are not limited to, mailing the agenda of	5544
meetings to all subscribers on a mailing list or mailing notices	5545
in self-addressed, stamped envelopes provided by the person.	5546

(G) Except as provided in ~~division~~divisions (G)(8) and (J)	5547
of this section, the members of a public body may hold an	5548
executive session only after a majority of a quorum of the public	5549
body determines, by a roll call vote, to hold an executive session	5550
and only at a regular or special meeting for the sole purpose of	5551
the consideration of any of the following matters:	5552

(1) To consider the appointment, employment, dismissal,	5553
discipline, promotion, demotion, or compensation of a public	5554
employee or official, or the investigation of charges or	5555
complaints against a public employee, official, licensee, or	5556
regulated individual, unless the public employee, official,	5557
licensee, or regulated individual requests a public hearing.	5558
Except as otherwise provided by law, no public body shall hold an	5559
executive session for the discipline of an elected official for	5560
conduct related to the performance of the elected official's	5561
official duties or for the elected official's removal from office.	5562
If a public body holds an executive session pursuant to division	5563
(G)(1) of this section, the motion and vote to hold that executive	5564
session shall state which one or more of the approved purposes	5565
listed in division (G)(1) of this section are the purposes for	5566
which the executive session is to be held, but need not include	5567
the name of any person to be considered at the meeting.	5568

(2) To consider the purchase of property for public purposes,	5569
or for the sale of property at competitive bidding, if premature	5570
disclosure of information would give an unfair competitive or	5571
bargaining advantage to a person whose personal, private interest	5572
is adverse to the general public interest. No member of a public	5573
body shall use division (G)(2) of this section as a subterfuge for	5574
providing covert information to prospective buyers or sellers. A	5575
purchase or sale of public property is void if the seller or buyer	5576
of the public property has received covert information from a	5577
member of a public body that has not been disclosed to the general	5578
public in sufficient time for other prospective buyers and sellers	5579
to prepare and submit offers.	5580

If the minutes of the public body show that all meetings and	5581
deliberations of the public body have been conducted in compliance	5582
with this section, any instrument executed by the public body	5583
purporting to convey, lease, or otherwise dispose of any right,	5584
title, or interest in any public property shall be conclusively	5585
presumed to have been executed in compliance with this section	5586
insofar as title or other interest of any bona fide purchasers,	5587
lessees, or transferees of the property is concerned.	5588

(3) Conferences with an attorney for the public body	5589
concerning disputes involving the public body that are the subject	5590
of pending or imminent court action;	5591

(4) Preparing for, conducting, or reviewing negotiations or	5592
bargaining sessions with public employees concerning their	5593
compensation or other terms and conditions of their employment;	5594

(5) Matters required to be kept confidential by federal law	5595
or regulations or state statutes;	5596

(6) Details relative to the security arrangements and	5597
emergency response protocols for a public body or a public office,	5598
if disclosure of the matters discussed could reasonably be	5599
expected to jeopardize the security of the public body or public	5600
office;	5601

(7) In the case of a county hospital operated pursuant to	5602
Chapter 339. of the Revised Code, a joint township hospital	5603
operated pursuant to Chapter 513. of the Revised Code, or a	5604
municipal hospital operated pursuant to Chapter 749. of the	5605
Revised Code, to consider trade secrets, as defined in section	5606
1333.61 of the Revised Code;	5607

(8) To consider confidential information related to the	5608
marketing plans, specific business strategy, production	5609
techniques, trade secrets, or personal financial statements of an	5610
applicant for economic development assistance, or to negotiations	5611
with other political subdivisions respecting requests for economic	5612
development assistance, provided that both of the following	5613
conditions apply:	5614

(1) The information is directly related to a request for	5615
economic development assistance that is to be provided or	5616
administered under any provision of Chapter 715., 725., 1724., or	5617
1728. or sections 701.07, 3735.67 to 3735.70, 5709.40 to 5709.43,	5618
5709.61 to 5709.69, 5709.73 to 5709.75, or 5709.77 to 5709.81 of	5619
the Revised Code, or that involves public infrastructure	5620
improvements or the extension of utility services that are	5621
directly related to an economic development project.	5622

(2) A unanimous quorum of the public body determines, by a	5623
roll call vote, that the executive session is necessary to protect	5624
the interests of the applicant or the possible investment or	5625
expenditure of public funds to be made in connection with the	5626
economic development project.	5627

If a public body holds an executive session to consider any	5628
of the matters listed in divisions (G)(2) to ~~(7)~~(8) of this	5629
section, the motion and vote to hold that executive session shall	5630
state which one or more of the approved matters listed in those	5631
divisions are to be considered at the executive session.	5632

A public body specified in division (B)(1)(c) of this section	5633
shall not hold an executive session when meeting for the purposes	5634
specified in that division.	5635

(H) A resolution, rule, or formal action of any kind is	5636
invalid unless adopted in an open meeting of the public body. A	5637
resolution, rule, or formal action adopted in an open meeting that	5638
results from deliberations in a meeting not open to the public is	5639
invalid unless the deliberations were for a purpose specifically	5640
authorized in division (G) or (J) of this section and conducted at	5641
an executive session held in compliance with this section. A	5642
resolution, rule, or formal action adopted in an open meeting is	5643
invalid if the public body that adopted the resolution, rule, or	5644
formal action violated division (F) of this section.	5645

(I)(1) Any person may bring an action to enforce this	5646
section. An action under division (I)(1) of this section shall be	5647
brought within two years after the date of the alleged violation	5648
or threatened violation. Upon proof of a violation or threatened	5649
violation of this section in an action brought by any person, the	5650
court of common pleas shall issue an injunction to compel the	5651
members of the public body to comply with its provisions.	5652

(2)(a) If the court of common pleas issues an injunction	5653
pursuant to division (I)(1) of this section, the court shall order	5654
the public body that it enjoins to pay a civil forfeiture of five	5655
hundred dollars to the party that sought the injunction and shall	5656
award to that party all court costs and, subject to reduction as	5657
described in division (I)(2) of this section, reasonable	5658
attorney's fees. The court, in its discretion, may reduce an award	5659
of attorney's fees to the party that sought the injunction or not	5660
award attorney's fees to that party if the court determines both	5661
of the following:	5662

(i) That, based on the ordinary application of statutory law	5663
and case law as it existed at the time of violation or threatened	5664
violation that was the basis of the injunction, a well-informed	5665
public body reasonably would believe that the public body was not	5666
violating or threatening to violate this section;	5667

(ii) That a well-informed public body reasonably would	5668
believe that the conduct or threatened conduct that was the basis	5669
of the injunction would serve the public policy that underlies the	5670
authority that is asserted as permitting that conduct or	5671
threatened conduct.	5672

(b) If the court of common pleas does not issue an injunction	5673
pursuant to division (I)(1) of this section and the court	5674
determines at that time that the bringing of the action was	5675
frivolous conduct, as defined in division (A) of section 2323.51	5676
of the Revised Code, the court shall award to the public body all	5677
court costs and reasonable attorney's fees, as determined by the	5678
court.	5679

(3) Irreparable harm and prejudice to the party that sought	5680
the injunction shall be conclusively and irrebuttably presumed	5681
upon proof of a violation or threatened violation of this section.	5682

(4) A member of a public body who knowingly violates an	5683
injunction issued pursuant to division (I)(1) of this section may	5684
be removed from office by an action brought in the court of common	5685
pleas for that purpose by the prosecuting attorney or the attorney	5686
general.	5687

(J)(1) Pursuant to division (C) of section 5901.09 of the	5688
Revised Code, a veterans service commission shall hold an	5689
executive session for one or more of the following purposes unless	5690
an applicant requests a public hearing:	5691

(a) Interviewing an applicant for financial assistance under	5692
sections 5901.01 to 5901.15 of the Revised Code;	5693

(b) Discussing applications, statements, and other documents	5694
described in division (B) of section 5901.09 of the Revised Code;	5695

(c) Reviewing matters relating to an applicant's request for	5696
financial assistance under sections 5901.01 to 5901.15 of the	5697
Revised Code.	5698

(2) A veterans service commission shall not exclude an	5699
applicant for, recipient of, or former recipient of financial	5700
assistance under sections 5901.01 to 5901.15 of the Revised Code,	5701
and shall not exclude representatives selected by the applicant,	5702
recipient, or former recipient, from a meeting that the commission	5703
conducts as an executive session that pertains to the applicant's,	5704
recipient's, or former recipient's application for financial	5705
assistance.	5706

(3) A veterans service commission shall vote on the grant or	5707
denial of financial assistance under sections 5901.01 to 5901.15	5708
of the Revised Code only in an open meeting of the commission. The	5709
minutes of the meeting shall indicate the name, address, and	5710
occupation of the applicant, whether the assistance was granted or	5711
denied, the amount of the assistance if assistance is granted, and	5712
the votes for and against the granting of assistance.	5713

Sec. 121.35. (A) Subject to division (B) of this section,	5714
the following state agencies shall collaborate to revise and make	5715
more uniform the eligibility standards and eligibility	5716
determination procedures of programs the state agencies	5717
administer:	5718

(1) The department of aging;

5719

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

5720

~~(3)~~ The ~~department of~~ development services agency;

5721

~~(4)~~(3) The department of developmental disabilities;

5722

~~(5)~~(4) The department of education;

5723

~~(6)~~(5) The department of health;

5724

~~(7)~~(6) The department of job and family services;

5725

~~(8)~~(7) The department of medicaid;

5726

(8) The department of ~~mental health~~mental health and	5727
addiction services;	5728

(9) The ~~rehabilitation services commission~~opportunities for	5729
Ohioans with disabilities agency.	5730

(B) In revising eligibility standards and eligibility	5731
determination procedures, a state agency shall not make any	5732
program's eligibility standards or eligibility determination	5733
procedures inconsistent with state or federal law. To the extent	5734
authorized by state and federal law, the revisions may provide for	5735
the state agencies to share administrative operations.	5736

Sec. 121.37. (A)(1) There is hereby created the Ohio family	5737
and children first cabinet council. The council shall be composed	5738
of the superintendent of public instruction, the ~~administrator~~	5739
executive director of the ~~rehabilitation services commission~~	5740
opportunities for Ohioans with disabilities agency, the medicaid	5741
director, and the directors of youth services, job and family	5742
services, ~~mental health~~mental health and addiction services,	5743
health, ~~alcohol and drug addiction services,~~ developmental	5744
disabilities, aging, rehabilitation and correction, and budget and	5745
management. The chairperson of the council shall be the governor	5746
or the governor's designee and shall establish procedures for the	5747
council's internal control and management.	5748

The purpose of the cabinet council is to help families	5749
seeking government services. This section shall not be interpreted	5750
or applied to usurp the role of parents, but solely to streamline	5751
and coordinate existing government services for families seeking	5752
assistance for their children.	5753

(2) In seeking to fulfill its purpose, the council may do any	5754
of the following:	5755

(a) Advise and make recommendations to the governor and	5756
general assembly regarding the provision of services to children;	5757

(b) Advise and assess local governments on the coordination	5758
of service delivery to children;	5759

(c) Hold meetings at such times and places as may be	5760
prescribed by the council's procedures and maintain records of the	5761
meetings, except that records identifying individual children are	5762
confidential and shall be disclosed only as provided by law;	5763

(d) Develop programs and projects, including pilot projects,	5764
to encourage coordinated efforts at the state and local level to	5765
improve the state's social service delivery system;	5766

(e) Enter into contracts with and administer grants to county	5767
family and children first councils, as well as other county or	5768
multicounty organizations to plan and coordinate service delivery	5769
between state agencies and local service providers for families	5770
and children;	5771

(f) Enter into contracts with and apply for grants from	5772
federal agencies or private organizations;	5773

(g) Enter into interagency agreements to encourage	5774
coordinated efforts at the state and local level to improve the	5775
state's social service delivery system. The agreements may include	5776
provisions regarding the receipt, transfer, and expenditure of	5777
funds;	5778

(h) Identify public and private funding sources for services	5779
provided to alleged or adjudicated unruly children and children	5780
who are at risk of being alleged or adjudicated unruly children,	5781
including regulations governing access to and use of the services;	5782

(i) Collect information provided by local communities	5783
regarding successful programs for prevention, intervention, and	5784
treatment of unruly behavior, including evaluations of the	5785
programs;	5786

(j) Identify and disseminate publications regarding alleged	5787
or adjudicated unruly children and children who are at risk of	5788
being alleged or adjudicated unruly children and regarding	5789
programs serving those types of children;	5790

(k) Maintain an inventory of strategic planning facilitators	5791
for use by government or nonprofit entities that serve alleged or	5792
adjudicated unruly children or children who are at risk of being	5793
alleged or adjudicated unruly children.	5794

(3) The cabinet council shall provide for the following:

5795

(a) Reviews of service and treatment plans for children for	5796
which such reviews are requested;	5797

(b) Assistance as the council determines to be necessary to	5798
meet the needs of children referred by county family and children	5799
first councils;	5800

(c) Monitoring and supervision of a statewide, comprehensive,	5801
coordinated, multi-disciplinary, interagency system for infants	5802
and toddlers with developmental disabilities or delays and their	5803
families, as established pursuant to federal grants received and	5804
administered by the department of health for early intervention	5805
services under the "Individuals with Disabilities Education Act of	5806
2004," 118 Stat. 2744, 20 U.S.C.A. 1400, as amended.	5807

(4) The cabinet council shall develop and implement the	5808
following:	5809

(a) An interagency process to select the indicators that will	5810
be used to measure progress toward increasing child well-being in	5811
the state and to update the indicators on an annual basis. The	5812
indicators shall focus on expectant parents and newborns thriving;	5813
infants and toddlers thriving; children being ready for school;	5814
children and youth succeeding in school; youth choosing healthy	5815
behaviors; and youth successfully transitioning into adulthood.	5816

(b) An interagency system to offer guidance and monitor	5817
progress toward increasing child well-being in the state and in	5818
each county;	5819

(c) An annual plan that identifies state-level agency efforts	5820
taken to ensure progress towards increasing child well-being in	5821
the state.	5822

On an annual basis, the cabinet council shall submit to the	5823
governor and the general assembly a report on the status of	5824
efforts to increase child well-being in the state. This report	5825
shall be made available to any other person on request.	5826

(B)(1) Each board of county commissioners shall establish a	5827
county family and children first council. The board may invite any	5828
local public or private agency or group that funds, advocates, or	5829
provides services to children and families to have a	5830
representative become a permanent or temporary member of its	5831
county council. Each county council must include the following	5832
individuals:	5833

(a) At least three individuals who are not employed by an	5834
agency represented on the council and whose families are or have	5835
received services from an agency represented on the council or	5836
another county's council. Where possible, the number of members	5837
representing families shall be equal to twenty per cent of the	5838
council's membership.	5839

(b) The director of the board of alcohol, drug addiction, and	5840
mental health services that serves the county, or, in the case of	5841
a county that has a board of alcohol and drug addiction services	5842
and a community mental health board, the directors of both boards.	5843
If a board of alcohol, drug addiction, and mental health services	5844
covers more than one county, the director may designate a person	5845
to participate on the county's council.	5846

(c) The health commissioner, or the commissioner's designee,	5847
of the board of health of each city and general health district in	5848
the county. If the county has two or more health districts, the	5849
health commissioner membership may be limited to the commissioners	5850
of the two districts with the largest populations.	5851

(d) The director of the county department of job and family	5852
services;	5853

(e) The executive director of the public children services	5854
agency;	5855

(f) The superintendent of the county board of developmental	5856
disabilities or, if the superintendent serves as superintendent of	5857
more than one county board of developmental disabilities, the	5858
superintendent's designee;	5859

(g) The superintendent of the city, exempted village, or	5860
local school district with the largest number of pupils residing	5861
in the county, as determined by the department of education, which	5862
shall notify each board of county commissioners of its	5863
determination at least biennially;	5864

(h) A school superintendent representing all other school	5865
districts with territory in the county, as designated at a	5866
biennial meeting of the superintendents of those districts;	5867

(i) A representative of the municipal corporation with the	5868
largest population in the county;	5869

(j) The president of the board of county commissioners or an	5870
individual designated by the board;	5871

(k) A representative of the regional office of the department	5872
of youth services;	5873

(l) A representative of the county's head start agencies, as	5874
defined in section 3301.32 of the Revised Code;	5875

(m) A representative of the county's early intervention	5876
collaborative established pursuant to the federal early	5877
intervention program operated under the "Individuals with	5878
Disabilities Education Act of 2004";	5879

(n) A representative of a local nonprofit entity that funds,	5880
advocates, or provides services to children and families.	5881

Notwithstanding any other provision of law, the public	5882
members of a county council are not prohibited from serving on the	5883
council and making decisions regarding the duties of the council,	5884
including those involving the funding of joint projects and those	5885
outlined in the county's service coordination mechanism	5886
implemented pursuant to division (C) of this section.	5887

The cabinet council shall establish a state appeals process	5888
to resolve disputes among the members of a county council	5889
concerning whether reasonable responsibilities as members are	5890
being shared. The appeals process may be accessed only by a	5891
majority vote of the council members who are required to serve on	5892
the council. Upon appeal, the cabinet council may order that state	5893
funds for services to children and families be redirected to a	5894
county's board of county commissioners.	5895

The county's juvenile court judge senior in service or	5896
another judge of the juvenile court designated by the	5897
administrative judge or, where there is no administrative judge,	5898
by the judge senior in service shall serve as the judicial advisor	5899
to the county family and children first council. The judge may	5900
advise the county council on the court's utilization of resources,	5901
services, or programs provided by the entities represented by the	5902
members of the county council and how those resources, services,	5903
or programs assist the court in its administration of justice.	5904
Service of a judge as a judicial advisor pursuant to this section	5905
is a judicial function.	5906

(2) The purpose of the county council is to streamline and	5907
coordinate existing government services for families seeking	5908
services for their children. In seeking to fulfill its purpose, a	5909
county council shall provide for the following:	5910

(a) Referrals to the cabinet council of those children for	5911
whom the county council cannot provide adequate services;	5912

(b) Development and implementation of a process that annually	5913
evaluates and prioritizes services, fills service gaps where	5914
possible, and invents new approaches to achieve better results for	5915
families and children;	5916

(c) Participation in the development of a countywide,	5917
comprehensive, coordinated, multi-disciplinary, interagency system	5918
for infants and toddlers with developmental disabilities or delays	5919
and their families, as established pursuant to federal grants	5920
received and administered by the department of health for early	5921
intervention services under the "Individuals with Disabilities	5922
Education Act of 2004";	5923

(d) Maintenance of an accountability system to monitor the	5924
county council's progress in achieving results for families and	5925
children;	5926

(e) Establishment of a mechanism to ensure ongoing input from	5927
a broad representation of families who are receiving services	5928
within the county system.	5929

(3) A county council shall develop and implement the	5930
following:	5931

(a) An interagency process to establish local indicators and	5932
monitor the county's progress toward increasing child well-being	5933
in the county;	5934

(b) An interagency process to identify local priorities to	5935
increase child well-being. The local priorities shall focus on	5936
expectant parents and newborns thriving; infants and toddlers	5937
thriving; children being ready for school; children and youth	5938
succeeding in school; youth choosing healthy behaviors; and youth	5939
successfully transitioning into adulthood and take into account	5940
the indicators established by the cabinet council under division	5941
(A)(4)(a) of this section.	5942

(c) An annual plan that identifies the county's interagency	5943
efforts to increase child well-being in the county.	5944

On an annual basis, the county council shall submit a report	5945
on the status of efforts by the county to increase child	5946
well-being in the county to the county's board of county	5947
commissioners and the cabinet council. This report shall be made	5948
available to any other person on request.	5949

(4)(a) Except as provided in division (B)(4)(b) of this	5950
section, a county council shall comply with the policies,	5951
procedures, and activities prescribed by the rules or interagency	5952
agreements of a state department participating on the cabinet	5953
council whenever the county council performs a function subject to	5954
those rules or agreements.	5955

(b) On application of a county council, the cabinet council	5956
may grant an exemption from any rules or interagency agreements of	5957
a state department participating on the council if an exemption is	5958
necessary for the council to implement an alternative program or	5959
approach for service delivery to families and children. The	5960
application shall describe the proposed program or approach and	5961
specify the rules or interagency agreements from which an	5962
exemption is necessary. The cabinet council shall approve or	5963
disapprove the application in accordance with standards and	5964
procedures it shall adopt. If an application is approved, the	5965
exemption is effective only while the program or approach is being	5966
implemented, including a reasonable period during which the	5967
program or approach is being evaluated for effectiveness.	5968

(5)(a) Each county council shall designate an administrative	5969
agent for the council from among the following public entities:	5970
the board of alcohol, drug addiction, and mental health services,	5971
including a board of alcohol and drug addiction or a community	5972
mental health board if the county is served by separate boards;	5973
the board of county commissioners; any board of health of the	5974
county's city and general health districts; the county department	5975
of job and family services; the county agency responsible for the	5976
administration of children services pursuant to section 5153.15 of	5977
the Revised Code; the county board of developmental disabilities;	5978
any of the county's boards of education or governing boards of	5979
educational service centers; or the county's juvenile court. Any	5980
of the foregoing public entities, other than the board of county	5981
commissioners, may decline to serve as the council's	5982
administrative agent.	5983

A county council's administrative agent shall serve as the	5984
council's appointing authority for any employees of the council.	5985
The council shall file an annual budget with its administrative	5986
agent, with copies filed with the county auditor and with the	5987
board of county commissioners, unless the board is serving as the	5988
council's administrative agent. The council's administrative agent	5989
shall ensure that all expenditures are handled in accordance with	5990
policies, procedures, and activities prescribed by state	5991
departments in rules or interagency agreements that are applicable	5992
to the council's functions.	5993

The administrative agent of a county council shall send	5994
notice of a member's absence if a member listed in division (B)(1)	5995
of this section has been absent from either three consecutive	5996
meetings of the county council or a county council subcommittee,	5997
or from one-quarter of such meetings in a calendar year, whichever	5998
is less. The notice shall be sent to the board of county	5999
commissioners that establishes the county council and, for the	6000
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	6001
section, to the governing board overseeing the respective entity;	6002
for the member listed in division (B)(1)(f) of this section, to	6003
the county board of developmental disabilities that employs the	6004
superintendent; for a member listed in division (B)(1)(g) or (h)	6005
of this section, to the school board that employs the	6006
superintendent; for the member listed in division (B)(1)(i) of	6007
this section, to the mayor of the municipal corporation; for the	6008
member listed in division (B)(1)(k) of this section, to the	6009
director of youth services; and for the member listed in division	6010
(B)(1)(n) of this section, to that member's board of trustees.	6011

The administrative agent for a county council may do any of	6012
the following on behalf of the council:	6013

(i) Enter into agreements or administer contracts with public	6014
or private entities to fulfill specific council business. Such	6015
agreements and contracts are exempt from the competitive bidding	6016
requirements of section 307.86 of the Revised Code if they have	6017
been approved by the county council and they are for the purchase	6018
of family and child welfare or child protection services or other	6019
social or job and family services for families and children. The	6020
approval of the county council is not required to exempt	6021
agreements or contracts entered into under section 5139.34,	6022
5139.41, or 5139.43 of the Revised Code from the competitive	6023
bidding requirements of section 307.86 of the Revised Code.	6024

(ii) As determined by the council, provide financial	6025
stipends, reimbursements, or both, to family representatives for	6026
expenses related to council activity;	6027

(iii) Receive by gift, grant, devise, or bequest any moneys,	6028
lands, or other property for the purposes for which the council is	6029
established. The agent shall hold, apply, and dispose of the	6030
moneys, lands, or other property according to the terms of the	6031
gift, grant, devise, or bequest. Any interest or earnings shall be	6032
treated in the same manner and are subject to the same terms as	6033
the gift, grant, devise, or bequest from which it accrues.	6034

(b)(i) If the county council designates the board of county	6035
commissioners as its administrative agent, the board may, by	6036
resolution, delegate any of its powers and duties as	6037
administrative agent to an executive committee the board	6038
establishes from the membership of the county council. The board	6039
shall name to the executive committee at least the individuals	6040
described in divisions (B)(1)(b) to (h) of this section and may	6041
appoint the president of the board or another individual as the	6042
chair of the executive committee. The executive committee must	6043
include at least one family county council representative who does	6044
not have a family member employed by an agency represented on the	6045
council.	6046

(ii) The executive committee may, with the approval of the	6047
board, hire an executive director to assist the county council in	6048
administering its powers and duties. The executive director shall	6049
serve in the unclassified civil service at the pleasure of the	6050
executive committee. The executive director may, with the approval	6051
of the executive committee, hire other employees as necessary to	6052
properly conduct the county council's business.	6053

(iii) The board may require the executive committee to submit	6054
an annual budget to the board for approval and may amend or repeal	6055
the resolution that delegated to the executive committee its	6056
authority as the county council's administrative agent.	6057

(6) Two or more county councils may enter into an agreement	6058
to administer their county councils jointly by creating a regional	6059
family and children first council. A regional council possesses	6060
the same duties and authority possessed by a county council,	6061
except that the duties and authority apply regionally rather than	6062
to individual counties. Prior to entering into an agreement to	6063
create a regional council, the members of each county council to	6064
be part of the regional council shall meet to determine whether	6065
all or part of the members of each county council will serve as	6066
members of the regional council.	6067

(7) A board of county commissioners may approve a resolution	6068
by a majority vote of the board's members that requires the county	6069
council to submit a statement to the board each time the council	6070
proposes to enter into an agreement, adopt a plan, or make a	6071
decision, other than a decision pursuant to section 121.38 of the	6072
Revised Code, that requires the expenditure of funds for two or	6073
more families. The statement shall describe the proposed	6074
agreement, plan, or decision.	6075

Not later than fifteen days after the board receives the	6076
statement, it shall, by resolution approved by a majority of its	6077
members, approve or disapprove the agreement, plan, or decision.	6078
Failure of the board to pass a resolution during that time period	6079
shall be considered approval of the agreement, plan, or decision.	6080

An agreement, plan, or decision for which a statement is	6081
required to be submitted to the board shall be implemented only if	6082
it is approved by the board.	6083

(C) Each county shall develop a county service coordination	6084
mechanism. The county service coordination mechanism shall serve	6085
as the guiding document for coordination of services in the	6086
county. For children who also receive services under the help me	6087
grow program, the service coordination mechanism shall be	6088
consistent with rules adopted by the department of health under	6089
section 3701.61 of the Revised Code. All family service	6090
coordination plans shall be developed in accordance with the	6091
county service coordination mechanism. The mechanism shall be	6092
developed and approved with the participation of the county	6093
entities representing child welfare; mental retardation and	6094
developmental disabilities; alcohol, drug addiction, and mental	6095
health services; health; juvenile judges; education; the county	6096
family and children first council; and the county early	6097
intervention collaborative established pursuant to the federal	6098
early intervention program operated under the "Individuals with	6099
Disabilities Education Act of 2004." The county shall establish an	6100
implementation schedule for the mechanism. The cabinet council may	6101
monitor the implementation and administration of each county's	6102
service coordination mechanism.	6103

Each mechanism shall include all of the following:

6104

(1) A procedure for an agency, including a juvenile court, or	6105
a family voluntarily seeking service coordination, to refer the	6106
child and family to the county council for service coordination in	6107
accordance with the mechanism;	6108

(2) A procedure ensuring that a family and all appropriate	6109
staff from involved agencies, including a representative from the	6110
appropriate school district, are notified of and invited to	6111
participate in all family service coordination plan meetings;	6112

(3) A procedure that permits a family to initiate a meeting	6113
to develop or review the family's service coordination plan and	6114
allows the family to invite a family advocate, mentor, or support	6115
person of the family's choice to participate in any such meeting;	6116

(4) A procedure for ensuring that a family service	6117
coordination plan meeting is conducted for each child who receives	6118
service coordination under the mechanism and for whom an emergency	6119
out-of-home placement has been made or for whom a nonemergency	6120
out-of-home placement is being considered. The meeting shall be	6121
conducted within ten days of an emergency out-of-home placement.	6122
The meeting shall be conducted before a nonemergency out-of-home	6123
placement. The family service coordination plan shall outline how	6124
the county council members will jointly pay for services, where	6125
applicable, and provide services in the least restrictive	6126
environment.	6127

(5) A procedure for monitoring the progress and tracking the	6128
outcomes of each service coordination plan requested in the county	6129
including monitoring and tracking children in out-of-home	6130
placements to assure continued progress, appropriateness of	6131
placement, and continuity of care after discharge from placement	6132
with appropriate arrangements for housing, treatment, and	6133
education.;	6134

(6) A procedure for protecting the confidentiality of all	6135
personal family information disclosed during service coordination	6136
meetings or contained in the comprehensive family service	6137
coordination plan.;	6138

(7) A procedure for assessing the needs and strengths of any	6139
child or family that has been referred to the council for service	6140
coordination, including a child whose parent or custodian is	6141
voluntarily seeking services, and for ensuring that parents and	6142
custodians are afforded the opportunity to participate;	6143

(8) A procedure for development of a family service	6144
coordination plan described in division (D) of this section;	6145

(9) A local dispute resolution process to serve as the	6146
process that must be used first to resolve disputes among the	6147
agencies represented on the county council concerning the	6148
provision of services to children, including children who are	6149
abused, neglected, dependent, unruly, alleged unruly, or	6150
delinquent children and under the jurisdiction of the juvenile	6151
court and children whose parents or custodians are voluntarily	6152
seeking services. The local dispute resolution process shall	6153
comply with sections 121.38, 121.381, and 121.382 of the Revised	6154
Code. The local dispute resolution process shall be used to	6155
resolve disputes between a child's parents or custodians and the	6156
county council regarding service coordination. The county council	6157
shall inform the parents or custodians of their right to use the	6158
dispute resolution process. Parents or custodians shall use	6159
existing local agency grievance procedures to address disputes not	6160
involving service coordination. The dispute resolution process is	6161
in addition to and does not replace other rights or procedures	6162
that parents or custodians may have under other sections of the	6163
Revised Code.	6164

The cabinet council shall adopt rules in accordance with	6165
Chapter 119. of the Revised Code establishing an administrative	6166
review process to address problems that arise concerning the	6167
operation of a local dispute resolution process.	6168

Nothing in division (C)(4) of this section shall be	6169
interpreted as overriding or affecting decisions of a juvenile	6170
court regarding an out-of-home placement, long-term placement, or	6171
emergency out-of-home placement.	6172

(D) Each county shall develop a family service coordination	6173
plan that does all of the following:	6174

(1) Designates service responsibilities among the various	6175
state and local agencies that provide services to children and	6176
their families, including children who are abused, neglected,	6177
dependent, unruly, or delinquent children and under the	6178
jurisdiction of the juvenile court and children whose parents or	6179
custodians are voluntarily seeking services;	6180

(2) Designates an individual, approved by the family, to	6181
track the progress of the family service coordination plan,	6182
schedule reviews as necessary, and facilitate the family service	6183
coordination plan meeting process;	6184

(3) Ensures that assistance and services to be provided are	6185
responsive to the strengths and needs of the family, as well as	6186
the family's culture, race, and ethnic group, by allowing the	6187
family to offer information and suggestions and participate in	6188
decisions. Identified assistance and services shall be provided in	6189
the least restrictive environment possible.	6190

(4) Includes a process for dealing with a child who is	6191
alleged to be an unruly child. The process shall include methods	6192
to divert the child from the juvenile court system;	6193

(5) Includes timelines for completion of goals specified in	6194
the plan with regular reviews scheduled to monitor progress toward	6195
those goals;	6196

(6) Includes a plan for dealing with short-term crisis	6197
situations and safety concerns.	6198

(E)(1) The process provided for under division (D)(4) of this	6199
section may include, but is not limited to, the following:	6200

(a) Designation of the person or agency to conduct the	6201
assessment of the child and the child's family as described in	6202
division (C)(7) of this section and designation of the instrument	6203
or instruments to be used to conduct the assessment;	6204

(b) An emphasis on the personal responsibilities of the child	6205
and the parental responsibilities of the parents, guardian, or	6206
custodian of the child;	6207

(c) Involvement of local law enforcement agencies and	6208
officials.	6209

(2) The method to divert a child from the juvenile court	6210
system that must be included in the service coordination process	6211
may include, but is not limited to, the following:	6212

(a) The preparation of a complaint under section 2151.27 of	6213
the Revised Code alleging that the child is an unruly child and	6214
notifying the child and the parents, guardian, or custodian that	6215
the complaint has been prepared to encourage the child and the	6216
parents, guardian, or custodian to comply with other methods to	6217
divert the child from the juvenile court system;	6218

(b) Conducting a meeting with the child, the parents,	6219
guardian, or custodian, and other interested parties to determine	6220
the appropriate methods to divert the child from the juvenile	6221
court system;	6222

(c) A method to provide to the child and the child's family a	6223
short-term respite from a short-term crisis situation involving a	6224
confrontation between the child and the parents, guardian, or	6225
custodian;	6226

(d) A program to provide a mentor to the child or the	6227
parents, guardian, or custodian;	6228

(e) A program to provide parenting education to the parents,	6229
guardian, or custodian;	6230

(f) An alternative school program for children who are truant	6231
from school, repeatedly disruptive in school, or suspended or	6232
expelled from school;	6233

(g) Other appropriate measures, including, but not limited	6234
to, any alternative methods to divert a child from the juvenile	6235
court system that are identified by the Ohio family and children	6236
first cabinet council.	6237

(F) Each county may review and revise the service	6238
coordination process described in division (D) of this section	6239
based on the availability of funds under Title IV-A of the "Social	6240
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	6241
or to the extent resources are available from any other federal,	6242
state, or local funds.	6243

Sec. 121.372. (A) As used in this section, "substitute care	6244
provider" means any of the following:	6245

(1) ~~An alcohol and drug~~A community addiction ~~program~~	6246
services provider subject to certification under section ~~3793.06~~	6247
5119.36 of the Revised Code;	6248

(2) An institution or association subject to certification	6249
under section 5103.03 of the Revised Code;	6250

(3) A residential facility subject to licensure under section	6251
~~5119.22~~5119.34 of the Revised Code;	6252

(4) A residential facility subject to licensure under section	6253
5123.19 of the Revised Code.	6254

(B) Not later than ninety days after ~~the effective date of~~	6255
~~this section~~March 18, 1999, the members of the Ohio family and	6256
children first cabinet council, other than the director of budget	6257
and management, shall enter into an agreement to establish an	6258
office to perform the duties prescribed by division (C) of this	6259
section. The agreement shall specify one of the departments	6260
represented on the council as the department responsible for	6261
housing and supervising the office. The agreement shall include	6262
the recommendation of the council for funding the office.	6263

(C) The office established pursuant to the agreement entered	6264
into under this section shall review rules governing the	6265
certification and licensure of substitute care providers and	6266
determine which of the rules can be made substantively identical	6267
or more similar in order to minimize the number of differing	6268
certification and licensure standards and simplify the	6269
certification or licensure process for substitute care providers	6270
seeking certification or licensure from two or more of the	6271
departments represented on the council. The office shall provide	6272
county family and children first councils, substitute care	6273
providers, and persons interested in substitute care providers the	6274
opportunity to help the office with the review and determination.	6275
The office shall report its findings to the council. Each of the	6276
departments represented on the council that has adopted rules	6277
governing the certification or licensure of substitute care	6278
providers shall review the report and amend the rules as that	6279
department considers appropriate, except that no rule shall be	6280
amended so as to make it inconsistent with substitute care	6281
provider certification or licensure procedures and standards	6282
established by federal or state law. A department shall give	6283
priority to amendments that will not increase the department's	6284
administrative costs. In amending a rule, a department shall	6285
comply with Chapter 119. or section 111.15 of the Revised Code, as	6286
required by the Revised Code section governing the adoption of the	6287
particular rule.	6288

(D) In accordance with section 124.27 of the Revised Code,	6289
the council shall select a coordinator to oversee the office	6290
established pursuant to the agreement entered into under this	6291
section. The coordinator shall be in the classified service. In	6292
addition to overseeing the office, the coordinator shall perform	6293
any other duties the council assigns to the coordinator. The	6294
duties the council assigns to the coordinator shall be related to	6295
the duties of the office under division (C) of this section.	6296

Sec. 121.483. A deputy inspector general appointed under	6297
section 121.48 of the Revised Code, who has been awarded a	6298
certificate by the executive director of the Ohio peace officer	6299
training commission attesting to the person's satisfactory	6300
completion of an approved state, county, or municipal peace	6301
officer basic training program, shall, during the term of the	6302
deputy inspector general's appointment, be considered a peace	6303
officer for the purpose of maintaining a current and valid basic	6304
training certificate pursuant to rules adopted under section	6305
109.74 of the Revised Code.	6306

Sec. 122.075. (A) As used in this section:

6307

(1) "Alternative fuel" has the same meaning as in section	6308
125.831 of the Revised Code.	6309

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	6310
fuel that is derived from vegetable oils or animal fats, or any	6311
combination of those reagents, and that meets American society for	6312
testing and materials specification D6751-03a for biodiesel fuel	6313
(B100) blend stock distillate fuels.	6314

(3) "Diesel fuel" and "gasoline" have the same meanings as in	6315
section 5735.01 of the Revised Code.	6316

(4) "Ethanol" has the same meaning as in section 5733.46 of	6317
the Revised Code.	6318

(5) "Blended biodiesel" means diesel fuel containing at least	6319
twenty per cent biodiesel by volume.	6320

(6) "Blended gasoline" means gasoline containing at least	6321
eighty-five per cent ethanol by volume.	6322

(7) "Incremental cost" means either of the following:

6323

(a) The difference in cost between blended gasoline and	6324
gasoline containing ten per cent or less ethanol at the time that	6325
the blended gasoline is purchased;	6326

(b) The difference in cost between blended biodiesel and	6327
diesel fuel containing two per cent or less biodiesel at the time	6328
that the blended biodiesel is purchased.	6329

(B) For the purpose of improving the air quality in this	6330
state, the director of development services shall establish an	6331
alternative fuel transportation program under which the director	6332
may make grants and loans to businesses, nonprofit organizations,	6333
public school systems, or local governments for the purchase and	6334
installation of alternative fuel refueling or distribution	6335
facilities and terminals, for the purchase and use of alternative	6336
fuel, to pay the cost of fleet conversion, and to pay the costs of	6337
educational and promotional materials and activities intended for	6338
prospective alternative fuel consumers, fuel marketers, and others	6339
in order to increase the availability and use of alternative fuel.	6340

(C) The director, in consultation with the director of	6341
agriculture, shall adopt rules in accordance with Chapter 119. of	6342
the Revised Code that are necessary for the administration of the	6343
alternative fuel transportation program. The rules shall establish	6344
at least all of the following:	6345

(1) An application form and procedures governing the	6346
application process for receiving funds under the program;	6347

(2) A procedure for prioritizing the award of grants and	6348
loans under the program. The procedures shall give preference to	6349
all of the following:	6350

(a) Publicly accessible refueling facilities;

6351

(b) Entities applying to the program that have secured	6352
funding from other sources, including, but not limited to, private	6353
or federal incentives;	6354

(c) Entities that have presented compelling evidence of	6355
demand in the market in which the facilities or terminals will be	6356
located;	6357

(d) Entities that have committed to utilizing purchased or	6358
installed facilities or terminals for the greatest number of	6359
years;	6360

(e) Entities that will be purchasing or installing facilities	6361
or terminals for any type of alternative fuel.	6362

(3) A requirement that the maximum incentive for the purchase	6363
and installation of an alternative fuel refueling or distribution	6364
facility or terminal be eighty per cent of the cost of the	6365
facility or terminal, except that at least twenty per cent of the	6366
total ~~net~~ cost of the facility or terminal shall be incurred by	6367
the recipient and not compensated for by any other source;	6368

(4) A requirement that the maximum incentive for the purchase	6369
of alternative fuel be eighty per cent of the cost of the fuel or,	6370
in the case of blended biodiesel or blended gasoline, eighty per	6371
cent of the incremental cost of the blended biodiesel or blended	6372
gasoline;	6373

(5) Any other criteria, procedures, or guidelines that the	6374
director determines are necessary to administer the program,	6375
including fees, charges, interest rates, and payment schedules.	6376

(D) An applicant for a grant or loan under this section that	6377
sells motor vehicle fuel at retail shall agree that if the	6378
applicant receives funding, the applicant will report to the	6379
director the gallon or gallon equivalent amounts of alternative	6380
fuel the applicant sells at retail in this state for a period of	6381
three years after the project is completed.	6382

The director shall enter into a written confidentiality	6383
agreement with the applicant regarding the gallon or gallon	6384
equivalent amounts sold as described in this division, and upon	6385
execution of the agreement this information is not a public	6386
record.	6387

(E) There is hereby created in the state treasury the	6388
alternative fuel transportation fund. The fund shall consist of	6389
money transferred to the fund under division ~~(C)~~(B) of section	6390
125.836 and under division (B)(2) of section 3706.27 of the	6391
Revised Code, money that is appropriated to it by the general	6392
assembly, ~~and~~ money as may be specified by the general assembly	6393
from the advanced energy fund created by section 4928.61 of the	6394
Revised Code, and all money received from the repayment of loans	6395
made from the fund or in the event of a default on any such loan.	6396
Money in the fund shall be used to make grants and loans under the	6397
alternative fuel transportation program and by the director in the	6398
administration of that program.	6399

Sec. 122.083. (A) The director of development shall	6400
administer a shovel ready sites program to provide grants for	6401
projects to port authorities and development entities approved by	6402
the director. Grants may be used to pay the costs of any or all of	6403
the following:	6404

(1) Acquisition of property, including options;

6405

(2) Preparation of sites, including brownfield clean-up	6406
activities;	6407

(3) Construction of road, water, telecommunication, and	6408
utility infrastructure;	6409

(4) Payment of professional fees the amount of which shall	6410
not exceed twenty per cent of the grant amount for a project.	6411

(B) The director shall adopt rules in accordance with Chapter	6412
119. of the Revised Code that establish procedures and	6413
requirements necessary for the administration of the program,	6414
including a requirement that a recipient of a grant enter into an	6415
agreement with the director governing the use of the grant.	6416

~~(C) There is hereby created in the state treasury the shovel~~	6417
~~ready sites fund consisting of money appropriated to it. Money in~~	6418
~~the fund shall be used solely for the purposes of this section.~~	6419

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

6420

(1) "Income tax revenue" means the total amount withheld	6421
under section 5747.06 of the Revised Code by the taxpayer during	6422
the taxable year, or during the calendar year that includes the	6423
tax period, from the compensation of each employee or each	6424
home-based employee employed in the project to the extent the	6425
employee's withholdings are not used to determine the credit under	6426
section 122.171 of the Revised Code. "Income tax revenue" excludes	6427
amounts withheld before the day the taxpayer becomes eligible for	6428
the credit.	6429

(2) "Baseline income tax revenue" means income tax revenue	6430
except that the applicable withholding period is the twelve months	6431
immediately preceding the date the tax credit authority approves	6432
the taxpayer's application or the date the tax credit authority	6433
receives the recommendation described in division (C)(2)(a) of	6434
this section, whichever occurs first, multiplied by the sum of one	6435
plus an annual pay increase factor to be determined by the tax	6436
credit authority. If the taxpayer becomes eligible for the credit	6437
after the first day of the taxpayer's taxable year or after the	6438
first day of the calendar year that includes the tax period, the	6439
taxpayer's baseline income tax revenue for the first such taxable	6440
or calendar year of credit eligibility shall be reduced in	6441
proportion to the number of days during the taxable or calendar	6442
year for which the taxpayer was not eligible for the credit. For	6443
subsequent taxable or calendar years, "baseline income tax	6444
revenue" equals the unreduced baseline income tax revenue for the	6445
preceding taxable or calendar year multiplied by the sum of one	6446
plus the pay increase factor.	6447

(3) "Excess income tax revenue" means income tax revenue	6448
minus baseline income tax revenue.	6449

(4) "Home-based employee" means an employee whose services	6450
are performed primarily from the employee's residence in this	6451
state exclusively for the benefit of the project and whose rate of	6452
pay is at least one hundred thirty-one per cent of the federal	6453
minimum wage under 29 U.S.C. 206.	6454

(B) The tax credit authority may make grants under this	6455
section to foster job creation in this state. Such a grant shall	6456
take the form of a refundable credit allowed against the tax	6457
imposed by section 5725.18, 5726.02, 5729.03, 5733.06, or 5747.02	6458
or levied under Chapter 5751. of the Revised Code. The credit	6459
shall be claimed for the taxable years or tax periods specified in	6460
the taxpayer's agreement with the tax credit authority under	6461
division (D) of this section. With respect to taxes imposed under	6462
section 5726.02, 5733.06, or 5747.02 or Chapter 5751. of the	6463
Revised Code, the credit shall be claimed in the order required	6464
under section 5726.98, 5733.98, 5747.98, or 5751.98 of the Revised	6465
Code. The amount of the credit available for a taxable year or for	6466
a calendar year that includes a tax period equals the excess	6467
income tax revenue for that year multiplied by the percentage	6468
specified in the agreement with the tax credit authority. Any	6469
credit granted under this section against the tax imposed by	6470
section 5733.06 or 5747.02 of the Revised Code, to the extent not	6471
fully utilized against such tax for taxable years ending prior to	6472
2008, shall automatically be converted without any action taken by	6473
the tax credit authority to a credit against the tax levied under	6474
Chapter 5751. of the Revised Code for tax periods beginning on or	6475
after July 1, 2008, provided that the person to whom the credit	6476
was granted is subject to such tax. The converted credit shall	6477
apply to those calendar years in which the remaining taxable years	6478
specified in the agreement end.	6479

(C)(1) A taxpayer or potential taxpayer who proposes a	6480
project to create new jobs in this state may apply to the tax	6481
credit authority to enter into an agreement for a tax credit under	6482
this section.	6483

An application shall not propose to include both home-based	6484
employees and employees who are not home-based employees in the	6485
computation of income tax revenue for the purposes of the same tax	6486
credit agreement. If a taxpayer or potential taxpayer employs both	6487
home-based employees and employees who are not home-based	6488
employees in a project, the taxpayer shall submit separate	6489
applications for separate tax credit agreements for the project,	6490
one of which shall include home-based employees in the computation	6491
of income tax revenue and one of which shall include all other	6492
employees in the computation of income tax revenue.	6493

The director of development services shall prescribe the form	6494
of the application. After receipt of an application, the authority	6495
may enter into an agreement with the taxpayer for a credit under	6496
this section if it determines all of the following:	6497

(a) The taxpayer's project will increase payroll and income	6498
tax revenue;	6499

(b) The taxpayer's project is economically sound and will	6500
benefit the people of this state by increasing opportunities for	6501
employment and strengthening the economy of this state;	6502

(c) Receiving the tax credit is a major factor in the	6503
taxpayer's decision to go forward with the project.	6504

(2)(a) A taxpayer that chooses to begin the project prior to	6505
receiving the determination of the authority may, upon submitting	6506
the taxpayer's application to the authority, request that the	6507
chief investment officer of the nonprofit corporation formed under	6508
section 187.01 of the Revised Code and the director review the	6509
taxpayer's application and recommend to the authority that the	6510
taxpayer's application be considered. As soon as possible after	6511
receiving such a request, the chief investment officer and the	6512
director shall review the taxpayer's application and, if they	6513
determine that the application warrants consideration by the	6514
authority, make that recommendation to the authority not later	6515
than six months after the application is received by the	6516
authority.	6517

(b) The authority shall consider any taxpayer's application	6518
for which it receives a recommendation under division (C)(2)(a) of	6519
this section. If the authority determines that the taxpayer does	6520
not meet all of the criteria set forth in division (C)(1) of this	6521
section, the authority and the development services agency shall	6522
proceed in accordance with rules adopted by the director pursuant	6523
to division (I) of this section.	6524

(D) An agreement under this section shall include all of the	6525
following:	6526

(1) A detailed description of the project that is the subject	6527
of the agreement;	6528

(2)(a) The term of the tax credit, which, except as provided	6529
in division (D)(2)(b) of this section, shall not exceed fifteen	6530
years, and the first taxable year, or first calendar year that	6531
includes a tax period, for which the credit may be claimed;	6532

(b) If the tax credit is computed on the basis of home-based	6533
employees, the term of the credit shall expire on or before the	6534
last day of the taxable or calendar year ending before the	6535
beginning of the seventh year after September 6, 2012, the	6536
effective date of H.B. 327 of the 129th general assembly;.	6537

(3) A requirement that the taxpayer shall maintain operations	6538
at the project location for at least the greater of seven years or	6539
the term of the credit plus three years;	6540

(4) The percentage, as determined by the tax credit	6541
authority, of excess income tax revenue that will be allowed as	6542
the amount of the credit for each taxable year or for each	6543
calendar year that includes a tax period;	6544

(5) The pay increase factor to be applied to the taxpayer's	6545
baseline income tax revenue;	6546

(6) A requirement that the taxpayer annually shall report to	6547
the director of development services employment, tax withholding,	6548
investment, the provision of health care benefits and tuition	6549
reimbursement if required in the agreement, and other information	6550
the director needs to perform the director's duties under this	6551
section;	6552

(7) A requirement that the director of development services	6553
annually review the information reported under division (D)(6) of	6554
this section and verify compliance with the agreement; if the	6555
taxpayer is in compliance, a requirement that the director issue a	6556
certificate to the taxpayer stating that the information has been	6557
verified and identifying the amount of the credit that may be	6558
claimed for the taxable or calendar year;	6559

(8) A provision providing that the taxpayer may not relocate	6560
a substantial number of employment positions from elsewhere in	6561
this state to the project location unless the director of	6562
development services determines that the legislative authority of	6563
the county, township, or municipal corporation from which the	6564
employment positions would be relocated has been notified by the	6565
taxpayer of the relocation.	6566

For purposes of this section, the movement of an employment	6567
position from one political subdivision to another political	6568
subdivision shall be considered a relocation of an employment	6569
position unless the employment position in the first political	6570
subdivision is replaced.	6571

(9) If the tax credit is computed on the basis of home-based	6572
employees, that the tax credit may not be claimed by the taxpayer	6573
until the taxable year or tax period in which the taxpayer employs	6574
at least two hundred employees more than the number of employees	6575
the taxpayer employed on June 30, 2011.	6576

(E) If a taxpayer fails to meet or comply with any condition	6577
or requirement set forth in a tax credit agreement, the tax credit	6578
authority may amend the agreement to reduce the percentage or term	6579
of the tax credit. The reduction of the percentage or term may	6580
take effect in the current taxable or calendar year.	6581

(F) Projects that consist solely of point-of-final-purchase	6582
retail facilities are not eligible for a tax credit under this	6583
section. If a project consists of both point-of-final-purchase	6584
retail facilities and nonretail facilities, only the portion of	6585
the project consisting of the nonretail facilities is eligible for	6586
a tax credit and only the excess income tax revenue from the	6587
nonretail facilities shall be considered when computing the amount	6588
of the tax credit. If a warehouse facility is part of a	6589
point-of-final-purchase retail facility and supplies only that	6590
facility, the warehouse facility is not eligible for a tax credit.	6591
Catalog distribution centers are not considered	6592
point-of-final-purchase retail facilities for the purposes of this	6593
division, and are eligible for tax credits under this section.	6594

(G) Financial statements and other information submitted to	6595
the development services agency or the tax credit authority by an	6596
applicant or recipient of a tax credit under this section, and any	6597
information taken for any purpose from such statements or	6598
information, are not public records subject to section 149.43 of	6599
the Revised Code. However, the chairperson of the authority may	6600
make use of the statements and other information for purposes of	6601
issuing public reports or in connection with court proceedings	6602
concerning tax credit agreements under this section. Upon the	6603
request of the tax commissioner or, if the applicant or recipient	6604
is an insurance company, upon the request of the superintendent of	6605
insurance, the chairperson of the authority shall provide to the	6606
commissioner or superintendent any statement or information	6607
submitted by an applicant or recipient of a tax credit in	6608
connection with the credit. The commissioner or superintendent	6609
shall preserve the confidentiality of the statement or	6610
information.	6611

(H) A taxpayer claiming a credit under this section shall	6612
submit to the tax commissioner or, if the taxpayer is an insurance	6613
company, to the superintendent of insurance, a copy of the	6614
director of development services' certificate of verification	6615
under division (D)(7) of this section with the taxpayer's tax	6616
report or return for the taxable year or for the calendar year	6617
that includes the tax period. Failure to submit a copy of the	6618
certificate with the report or return does not invalidate a claim	6619
for a credit if the taxpayer submits a copy of the certificate to	6620
the commissioner or superintendent within sixty days after the	6621
commissioner or superintendent requests it.	6622

(I) The director of development services, after consultation	6623
with the tax commissioner and the superintendent of insurance and	6624
in accordance with Chapter 119. of the Revised Code, shall adopt	6625
rules necessary to implement this section, including rules that	6626
establish a procedure to be followed by the tax credit authority	6627
and the development services agency in the event the authority	6628
considers a taxpayer's application for which it receives a	6629
recommendation under division (C)(2)(a) of this section but does	6630
not approve it. The rules may provide for recipients of tax	6631
credits under this section to be charged fees to cover	6632
administrative costs of the tax credit program. The fees collected	6633
shall be credited to the business assistance fund created in	6634
section 122.174 of the Revised Code. At the time the director	6635
gives public notice under division (A) of section 119.03 of the	6636
Revised Code of the adoption of the rules, the director shall	6637
submit copies of the proposed rules to the chairpersons of the	6638
standing committees on economic development in the senate and the	6639
house of representatives.	6640

(J) For the purposes of this section, a taxpayer may include	6641
a partnership, a corporation that has made an election under	6642
subchapter S of chapter one of subtitle A of the Internal Revenue	6643
Code, or any other business entity through which income flows as a	6644
distributive share to its owners. A partnership, S-corporation, or	6645
other such business entity may elect to pass the credit received	6646
under this section through to the persons to whom the income or	6647
profit of the partnership, S-corporation, or other entity is	6648
distributed. The election shall be made on the annual report	6649
required under division (D)(6) of this section. The election	6650
applies to and is irrevocable for the credit for which the report	6651
is submitted. If the election is made, the credit shall be	6652
apportioned among those persons in the same proportions as those	6653
in which the income or profit is distributed.	6654

(K) If the director of development services determines that a	6655
taxpayer who has received a credit under this section is not	6656
complying with the requirement under division (D)(3) of this	6657
section, the director shall notify the tax credit authority of the	6658
noncompliance. After receiving such a notice, and after giving the	6659
taxpayer an opportunity to explain the noncompliance, the tax	6660
credit authority may require the taxpayer to refund to this state	6661
a portion of the credit in accordance with the following:	6662

(1) If the taxpayer maintained operations at the project	6663
location for a period less than or equal to the term of the	6664
credit, an amount not exceeding one hundred per cent of the sum of	6665
any credits allowed and received under this section;	6666

(2) If the taxpayer maintained operations at the project	6667
location for a period longer than the term of the credit, but less	6668
than the greater of seven years or the term of the credit plus	6669
three years, an amount not exceeding seventy-five per cent of the	6670
sum of any credits allowed and received under this section.	6671

In determining the portion of the tax credit to be refunded	6672
to this state, the tax credit authority shall consider the effect	6673
of market conditions on the taxpayer's project and whether the	6674
taxpayer continues to maintain other operations in this state.	6675
After making the determination, the authority shall certify the	6676
amount to be refunded to the tax commissioner or superintendent of	6677
insurance, as appropriate. If the amount is certified to the	6678
commissioner, the commissioner shall make an assessment for that	6679
amount against the taxpayer under Chapter 5726., 5733., 5747., or	6680
5751. of the Revised Code. If the amount is certified to the	6681
superintendent, the superintendent shall make an assessment for	6682
that amount against the taxpayer under Chapter 5725. or 5729. of	6683
the Revised Code. The time limitations on assessments under those	6684
chapters do not apply to an assessment under this division, but	6685
the commissioner or superintendent, as appropriate, shall make the	6686
assessment within one year after the date the authority certifies	6687
to the commissioner or superintendent the amount to be refunded.	6688

(L) On or before the first day of August each year, the	6689
director of development services shall submit a report to the	6690
governor, the president of the senate, and the speaker of the	6691
house of representatives on the tax credit program under this	6692
section. The report shall include information on the number of	6693
agreements that were entered into under this section during the	6694
preceding calendar year, a description of the project that is the	6695
subject of each such agreement, and an update on the status of	6696
projects under agreements entered into before the preceding	6697
calendar year.	6698

(M) There is hereby created the tax credit authority, which	6699
consists of the director of development services and four other	6700
members appointed as follows: the governor, the president of the	6701
senate, and the speaker of the house of representatives each shall	6702
appoint one member who shall be a specialist in economic	6703
development; the governor also shall appoint a member who is a	6704
specialist in taxation. Of the initial appointees, the members	6705
appointed by the governor shall serve a term of two years; the	6706
members appointed by the president of the senate and the speaker	6707
of the house of representatives shall serve a term of four years.	6708
Thereafter, terms of office shall be for four years. Initial	6709
appointments to the authority shall be made within thirty days	6710
after January 13, 1993. Each member shall serve on the authority	6711
until the end of the term for which the member was appointed.	6712
Vacancies shall be filled in the same manner provided for original	6713
appointments. Any member appointed to fill a vacancy occurring	6714
prior to the expiration of the term for which the member's	6715
predecessor was appointed shall hold office for the remainder of	6716
that term. Members may be reappointed to the authority. Members of	6717
the authority shall receive their necessary and actual expenses	6718
while engaged in the business of the authority. The director of	6719
development services shall serve as chairperson of the authority,	6720
and the members annually shall elect a vice-chairperson from among	6721
themselves. Three members of the authority constitute a quorum to	6722
transact and vote on the business of the authority. The majority	6723
vote of the membership of the authority is necessary to approve	6724
any such business, including the election of the vice-chairperson.	6725

The director of development services may appoint a	6726
professional employee of the development services agency to serve	6727
as the director's substitute at a meeting of the authority. The	6728
director shall make the appointment in writing. In the absence of	6729
the director from a meeting of the authority, the appointed	6730
substitute shall serve as chairperson. In the absence of both the	6731
director and the director's substitute from a meeting, the	6732
vice-chairperson shall serve as chairperson.	6733

(N) For purposes of the credits granted by this section	6734
against the taxes imposed under sections 5725.18 and 5729.03 of	6735
the Revised Code, "taxable year" means the period covered by the	6736
taxpayer's annual statement to the superintendent of insurance.	6737

(O) On or before the first day of ~~January~~March of each of	6738
the ~~six~~five calendar years ~~following the year in which H.B. 327~~	6739
~~of the 129th general assembly becomeseffective~~beginning with	6740
2014, each taxpayer subject to an agreement with the tax credit	6741
authority under this section on the basis of home-based employees	6742
shall report the number of home-based employees and other	6743
employees employed by the taxpayer in this state to the ~~department~~	6744
of development services agency.	6745

(P) On or before the first day of January of ~~the seventh~~	6746
~~calendar year following the year in which H.B. 327 of the 129th~~	6747
~~general assembly became effective~~2019, the director of	6748
development services shall submit a report to the governor, the	6749
president of the senate, and the speaker of the house of	6750
representatives on the effect of agreements entered into under	6751
this section in which the taxpayer included home-based employees	6752
in the computation of income tax revenue. The report shall include	6753
information on the number of such agreements that were entered	6754
into in the preceding six years, a description of the projects	6755
that were the subjects of such agreements, and an analysis of	6756
nationwide home-based employment trends, including the number of	6757
home-based jobs created from July 1, 2011, through June 30, 2017,	6758
and a description of any home-based employment tax incentives	6759
provided by other states during that time.	6760

(Q) The director of development services may require any	6761
agreement entered into under this section for a tax credit	6762
computed on the basis of home-based employees to contain a	6763
provision that the taxpayer makes available health care benefits	6764
and tuition reimbursement to all employees.	6765

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

6766

(1) "Capital investment project" means a plan of investment	6767
at a project site for the acquisition, construction, renovation,	6768
or repair of buildings, machinery, or equipment, or for	6769
capitalized costs of basic research and new product development	6770
determined in accordance with generally accepted accounting	6771
principles, but does not include any of the following:	6772

(a) Payments made for the acquisition of personal property	6773
through operating leases;	6774

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

6775

(c) Payments made to a related member as defined in section	6776
5733.042 of the Revised Code or to a consolidated elected taxpayer	6777
or a combined taxpayer as defined in section 5751.01 of the	6778
Revised Code.	6779

(2) "Eligible business" means a taxpayer and its related	6780
members with Ohio operations satisfying all of the following:	6781

(a) The taxpayer employs at least five hundred full-time	6782
equivalent employees or has an annual payroll of at least	6783
thirty-five million dollars at the time the tax credit authority	6784
grants the tax credit under this section;	6785

(b) The taxpayer makes or causes to be made payments for the	6786
capital investment project of one of the following:	6787

(i) If the taxpayer is engaged at the project site primarily	6788
as a manufacturer, at least fifty million dollars in the aggregate	6789
at the project site during a period of three consecutive calendar	6790
years, including the calendar year that includes a day of the	6791
taxpayer's taxable year or tax period with respect to which the	6792
credit is granted;	6793

(ii) If the taxpayer is engaged at the project site primarily	6794
in significant corporate administrative functions, as defined by	6795
the director of development services by rule, at least twenty	6796
million dollars in the aggregate at the project site during a	6797
period of three consecutive calendar years including the calendar	6798
year that includes a day of the taxpayer's taxable year or tax	6799
period with respect to which the credit is granted;	6800

(iii) If the taxpayer is applying to enter into an agreement	6801
for a tax credit authorized under division (B)(3) of this section,	6802
at least five million dollars in the aggregate at the project site	6803
during a period of three consecutive calendar years, including the	6804
calendar year that includes a day of the taxpayer's taxable year	6805
or tax period with respect to which the credit is granted.	6806

(c) The taxpayer had a capital investment project reviewed	6807
and approved by the tax credit authority as provided in divisions	6808
(C), (D), and (E) of this section.	6809

(3) "Full-time equivalent employees" means the quotient	6810
obtained by dividing the total number of hours for which employees	6811
were compensated for employment in the project by two thousand	6812
eighty. "Full-time equivalent employees" shall exclude hours that	6813
are counted for a credit under section 122.17 of the Revised Code.	6814

(4) "Income tax revenue" means the total amount withheld	6815
under section 5747.06 of the Revised Code by the taxpayer during	6816
the taxable year, or during the calendar year that includes the	6817
tax period, from the compensation of all employees employed in the	6818
project whose hours of compensation are included in calculating	6819
the number of full-time equivalent employees.	6820

(5) "Manufacturer" has the same meaning as in section	6821
5739.011 of the Revised Code.	6822

(6) "Project site" means an integrated complex of facilities	6823
in this state, as specified by the tax credit authority under this	6824
section, within a fifteen-mile radius where a taxpayer is	6825
primarily operating as an eligible business.	6826

(7) "Related member" has the same meaning as in section	6827
5733.042 of the Revised Code as that section existed on the	6828
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	6829
general assembly, September 29, 1997.	6830

(8) "Taxable year" includes, in the case of a domestic or	6831
foreign insurance company, the calendar year ending on the	6832
thirty-first day of December preceding the day the superintendent	6833
of insurance is required to certify to the treasurer of state	6834
under section 5725.20 or 5729.05 of the Revised Code the amount of	6835
taxes due from insurance companies.	6836

(B) The tax credit authority created under section 122.17 of	6837
the Revised Code may grant tax credits under this section for the	6838
purpose of fostering job retention in this state. Upon application	6839
by an eligible business and upon consideration of the	6840
recommendation of the director of budget and management, tax	6841
commissioner, the superintendent of insurance in the case of an	6842
insurance company, and director of development services under	6843
division (C) of this section, the tax credit authority may grant	6844
the following credits against the tax imposed by section 5725.18,	6845
5726.02, 5729.03, 5733.06, 5747.02, or 5751.02 of the Revised	6846
Code:	6847

(1) A nonrefundable credit to an eligible business;

6848

(2) A refundable credit to an eligible business meeting the	6849
following conditions, provided that the director of budget and	6850
management, tax commissioner, superintendent of insurance in the	6851
case of an insurance company, and director of development services	6852
have recommended the granting of the credit to the tax credit	6853
authority before July 1, 2011:	6854

(a) The business retains at least one thousand full-time	6855
equivalent employees at the project site.	6856

(b) The business makes or causes to be made payments for a	6857
capital investment project of at least twenty-five million dollars	6858
in the aggregate at the project site during a period of three	6859
consecutive calendar years, including the calendar year that	6860
includes a day of the business' taxable year or tax period with	6861
respect to which the credit is granted.	6862

(c) In 2010, the business received a written offer of	6863
financial incentives from another state of the United States that	6864
the director determines to be sufficient inducement for the	6865
business to relocate the business' operations from this state to	6866
that state.	6867

(3) A refundable credit to an eligible business with a total	6868
annual payroll of at least twenty million dollars, provided that	6869
the tax credit authority grants the tax credit on or after July 1,	6870
2011, and before January 1, 2014.	6871

The credits authorized in divisions (B)(1), (2), and (3) of	6872
this section may be granted for a period up to fifteen taxable	6873
years or, in the case of the tax levied by section 5751.02 of the	6874
Revised Code, for a period of up to fifteen calendar years. The	6875
credit amount for a taxable year or a calendar year that includes	6876
the tax period for which a credit may be claimed equals the income	6877
tax revenue for that year multiplied by the percentage specified	6878
in the agreement with the tax credit authority. The percentage may	6879
not exceed seventy-five per cent. The credit shall be claimed in	6880
the order required under section 5725.98, 5726.98, 5729.98,	6881
5733.98, 5747.98, or 5751.98 of the Revised Code. In determining	6882
the percentage and term of the credit, the tax credit authority	6883
shall consider both the number of full-time equivalent employees	6884
and the value of the capital investment project. The credit amount	6885
may not be based on the income tax revenue for a calendar year	6886
before the calendar year in which the tax credit authority	6887
specifies the tax credit is to begin, and the credit shall be	6888
claimed only for the taxable years or tax periods specified in the	6889
eligible business' agreement with the tax credit authority. In no	6890
event shall the credit be claimed for a taxable year or tax period	6891
terminating before the date specified in the agreement. Any credit	6892
granted under this section against the tax imposed by section	6893
5733.06 or 5747.02 of the Revised Code, to the extent not fully	6894
utilized against such tax for taxable years ending prior to 2008,	6895
shall automatically be converted without any action taken by the	6896
tax credit authority to a credit against the tax levied under	6897
Chapter 5751. of the Revised Code for tax periods beginning on or	6898
after July 1, 2008, provided that the person to whom the credit	6899
was granted is subject to such tax. The converted credit shall	6900
apply to those calendar years in which the remaining taxable years	6901
specified in the agreement end.	6902

If a nonrefundable credit allowed under division (B)(1) of	6903
this section for a taxable year or tax period exceeds the	6904
taxpayer's tax liability for that year or period, the excess may	6905
be carried forward for the three succeeding taxable or calendar	6906
years, but the amount of any excess credit allowed in any taxable	6907
year or tax period shall be deducted from the balance carried	6908
forward to the succeeding year or period.	6909

(C) A taxpayer that proposes a capital investment project to	6910
retain jobs in this state may apply to the tax credit authority to	6911
enter into an agreement for a tax credit under this section. The	6912
director of development services shall prescribe the form of the	6913
application. After receipt of an application, the authority shall	6914
forward copies of the application to the director of budget and	6915
management, the tax commissioner, the superintendent of insurance	6916
in the case of an insurance company, and the director of	6917
development services, each of whom shall review the application to	6918
determine the economic impact the proposed project would have on	6919
the state and the affected political subdivisions and shall submit	6920
a summary of their determinations and recommendations to the	6921
authority.	6922

(D) Upon review and consideration of the determinations and	6923
recommendations described in division (C) of this section, the tax	6924
credit authority may enter into an agreement with the taxpayer for	6925
a credit under this section if the authority determines all of the	6926
following:	6927

(1) The taxpayer's capital investment project will result in	6928
the retention of employment in this state.	6929

(2) The taxpayer is economically sound and has the ability to	6930
complete the proposed capital investment project.	6931

(3) The taxpayer intends to and has the ability to maintain	6932
operations at the project site for at least the greater of (a) the	6933
term of the credit plus three years, or (b) seven years.	6934

(4) Receiving the credit is a major factor in the taxpayer's	6935
decision to begin, continue with, or complete the project.	6936

(5) If the taxpayer is applying to enter into an agreement	6937
for a tax credit authorized under division (B)(3) of this section,	6938
the taxpayer's capital investment project will be located in the	6939
political subdivision in which the taxpayer maintains its	6940
principal place of business or maintains a unit or division with	6941
at least four thousand two hundred employees at the project site.	6942

(E) An agreement under this section shall include all of the	6943
following:	6944

(1) A detailed description of the project that is the subject	6945
of the agreement, including the amount of the investment, the	6946
period over which the investment has been or is being made, the	6947
number of full-time equivalent employees at the project site, and	6948
the anticipated income tax revenue to be generated.	6949

(2) The term of the credit, the percentage of the tax credit,	6950
the maximum annual value of tax credits that may be allowed each	6951
year, and the first year for which the credit may be claimed.	6952

(3) A requirement that the taxpayer maintain operations at	6953
the project site for at least the greater of (a) the term of the	6954
credit plus three years, or (b) seven years.	6955

(4)(a) In the case of a credit granted under division (B)(1)	6956
of this section, a requirement that the taxpayer retain at least	6957
five hundred full-time equivalent employees at the project site	6958
and within this state for the entire term of the credit, or a	6959
requirement that the taxpayer maintain an annual payroll of at	6960
least thirty-five million dollars for the entire term of the	6961
credit;	6962

(b) In the case of a credit granted under division (B)(2) of	6963
this section, a requirement that the taxpayer retain at least one	6964
thousand full-time equivalent employees at the project site and	6965
within this state for the entire term of the credit;	6966

(c) In the case of a credit granted under division (B)(3) of	6967
this section, either of the following:	6968

(i) A requirement that the taxpayer retain at least five	6969
hundred full-time equivalent employees at the project site and	6970
within this state for the entire term of the credit and a	6971
requirement that the taxpayer maintain an annual payroll of at	6972
least twenty million dollars for the entire term of the credit;	6973

(ii) A requirement that the taxpayer maintain an annual	6974
payroll of at least thirty-five million dollars for the entire	6975
term of the credit.	6976

(5) A requirement that the taxpayer annually report to the	6977
director of development services employment, tax withholding,	6978
capital investment, and other information the director needs to	6979
perform the director's duties under this section.	6980

(6) A requirement that the director of development services	6981
annually review the annual reports of the taxpayer to verify the	6982
information reported under division (E)(5) of this section and	6983
compliance with the agreement. Upon verification, the director	6984
shall issue a certificate to the taxpayer stating that the	6985
information has been verified and identifying the amount of the	6986
credit for the taxable year or calendar year that includes the tax	6987
period. In determining the number of full-time equivalent	6988
employees, no position shall be counted that is filled by an	6989
employee who is included in the calculation of a tax credit under	6990
section 122.17 of the Revised Code.	6991

(7) A provision providing that the taxpayer may not relocate	6992
a substantial number of employment positions from elsewhere in	6993
this state to the project site unless the director of development	6994
services determines that the taxpayer notified the legislative	6995
authority of the county, township, or municipal corporation from	6996
which the employment positions would be relocated.	6997

For purposes of this section, the movement of an employment	6998
position from one political subdivision to another political	6999
subdivision shall be considered a relocation of an employment	7000
position unless the movement is confined to the project site. The	7001
transfer of an employment position from one political subdivision	7002
to another political subdivision shall not be considered a	7003
relocation of an employment position if the employment position in	7004
the first political subdivision is replaced by another employment	7005
position.	7006

(8) A waiver by the taxpayer of any limitations periods	7007
relating to assessments or adjustments resulting from the	7008
taxpayer's failure to comply with the agreement.	7009

(F) If a taxpayer fails to meet or comply with any condition	7010
or requirement set forth in a tax credit agreement, the tax credit	7011
authority may amend the agreement to reduce the percentage or term	7012
of the credit. The reduction of the percentage or term may take	7013
effect in the current taxable or calendar year.	7014

(G) Financial statements and other information submitted to	7015
the department of development services or the tax credit authority	7016
by an applicant for or recipient of a tax credit under this	7017
section, and any information taken for any purpose from such	7018
statements or information, are not public records subject to	7019
section 149.43 of the Revised Code. However, the chairperson of	7020
the authority may make use of the statements and other information	7021
for purposes of issuing public reports or in connection with court	7022
proceedings concerning tax credit agreements under this section.	7023
Upon the request of the tax commissioner, or the superintendent of	7024
insurance in the case of an insurance company, the chairperson of	7025
the authority shall provide to the commissioner or superintendent	7026
any statement or other information submitted by an applicant for	7027
or recipient of a tax credit in connection with the credit. The	7028
commissioner or superintendent shall preserve the confidentiality	7029
of the statement or other information.	7030

(H) A taxpayer claiming a tax credit under this section shall	7031
submit to the tax commissioner or, in the case of an insurance	7032
company, to the superintendent of insurance, a copy of the	7033
director of development services' certificate of verification	7034
under division (E)(6) of this section with the taxpayer's tax	7035
report or return for the taxable year or for the calendar year	7036
that includes the tax period. Failure to submit a copy of the	7037
certificate with the report or return does not invalidate a claim	7038
for a credit if the taxpayer submits a copy of the certificate to	7039
the commissioner or superintendent within sixty days after the	7040
commissioner or superintendent requests it.	7041

(I) For the purposes of this section, a taxpayer may include	7042
a partnership, a corporation that has made an election under	7043
subchapter S of chapter one of subtitle A of the Internal Revenue	7044
Code, or any other business entity through which income flows as a	7045
distributive share to its owners. A partnership, S-corporation, or	7046
other such business entity may elect to pass the credit received	7047
under this section through to the persons to whom the income or	7048
profit of the partnership, S-corporation, or other entity is	7049
distributed. The election shall be made on the annual report	7050
required under division (E)(5) of this section. The election	7051
applies to and is irrevocable for the credit for which the report	7052
is submitted. If the election is made, the credit shall be	7053
apportioned among those persons in the same proportions as those	7054
in which the income or profit is distributed.	7055

(J) If the director of development services determines that a	7056
taxpayer that received a certificate under division (E)(6) of this	7057
section is not complying with the requirement under division	7058
(E)(3) of this section, the director shall notify the tax credit	7059
authority of the noncompliance. After receiving such a notice, and	7060
after giving the taxpayer an opportunity to explain the	7061
noncompliance, the authority may terminate the agreement and	7062
require the taxpayer, or any related member or members that	7063
claimed the tax credit under division (N) of this section, to	7064
refund to the state all or a portion of the credit claimed in	7065
previous years, as follows:	7066

(1) If the taxpayer maintained operations at the project site	7067
for less than or equal to the term of the credit, an amount not to	7068
exceed one hundred per cent of the sum of any tax credits allowed	7069
and received under this section.	7070

(2) If the taxpayer maintained operations at the project site	7071
longer than the term of the credit, but less than the greater of	7072
(a) the term of the credit plus three years, or (b) seven years,	7073
the amount required to be refunded shall not exceed seventy-five	7074
per cent of the sum of any tax credits allowed and received under	7075
this section.	7076

In determining the portion of the credit to be refunded to	7077
this state, the authority shall consider the effect of market	7078
conditions on the taxpayer's project and whether the taxpayer	7079
continues to maintain other operations in this state. After making	7080
the determination, the authority shall certify the amount to be	7081
refunded to the tax commissioner or the superintendent of	7082
insurance. If the taxpayer, or any related member or members who	7083
claimed the tax credit under division (N) of this section, is not	7084
an insurance company, the commissioner shall make an assessment	7085
for that amount against the taxpayer under Chapter 5726., 5733.,	7086
5747., or 5751. of the Revised Code. If the taxpayer, or any	7087
related member or members that claimed the tax credit under	7088
division (N) of this section, is an insurance company, the	7089
superintendent of insurance shall make an assessment under section	7090
5725.222 or 5729.102 of the Revised Code. The time limitations on	7091
assessments under those chapters and sections do not apply to an	7092
assessment under this division, but the commissioner or	7093
superintendent shall make the assessment within one year after the	7094
date the authority certifies to the commissioner or superintendent	7095
the amount to be refunded.	7096

(K) The director of development services, after consultation	7097
with the tax commissioner and the superintendent of insurance and	7098
in accordance with Chapter 119. of the Revised Code, shall adopt	7099
rules necessary to implement this section. The rules may provide	7100
for recipients of tax credits under this section to be charged	7101
fees to cover administrative costs of the tax credit program. The	7102
fees collected shall be credited to the business assistance fund	7103
created in section 122.174 of the Revised Code. At the time the	7104
director gives public notice under division (A) of section 119.03	7105
of the Revised Code of the adoption of the rules, the director	7106
shall submit copies of the proposed rules to the chairpersons of	7107
the standing committees on economic development in the senate and	7108
the house of representatives.	7109

(L) On or before the first day of August of each year, the	7110
director of development services shall submit a report to the	7111
governor, the president of the senate, and the speaker of the	7112
house of representatives on the tax credit program under this	7113
section. The report shall include information on the number of	7114
agreements that were entered into under this section during the	7115
preceding calendar year, a description of the project that is the	7116
subject of each such agreement, and an update on the status of	7117
projects under agreements entered into before the preceding	7118
calendar year.	7119

(M)(1) The aggregate amount of tax credits issued under	7120
division (B)(1) of this section during any calendar year for	7121
capital investment projects reviewed and approved by the tax	7122
credit authority may not exceed the following amounts:	7123

(a) For 2010, thirteen million dollars;

7124

(b) For 2011 through 2023, the amount of the limit for the	7125
preceding calendar year plus thirteen million dollars;	7126

(c) For 2024 and each year thereafter, one hundred	7127
ninety-five million dollars.	7128

(2) The aggregate amount of tax credits authorized under	7129
divisions (B)(2) and (3) of this section and allowed to be claimed	7130
by taxpayers in any calendar year for capital improvement projects	7131
reviewed and approved by the tax credit authority in 2011, 2012,	7132
and 2013 combined shall not exceed twenty-five million dollars. An	7133
amount equal to the aggregate amount of credits first authorized	7134
in calendar year 2011, 2012, and 2013 may be claimed over the	7135
ensuing period up to fifteen years, subject to the terms of	7136
individual tax credit agreements.	7137

The limitations in division (M) of this section do not apply	7138
to credits for capital investment projects approved by the tax	7139
credit authority before July 1, 2009.	7140

(N) This division applies only to an eligible business that	7141
is part of an affiliated group that includes a diversified savings	7142
and loan holding company or a grandfathered unitary savings and	7143
loan holding company, as those terms are defined in section	7144
5726.01 of the Revised Code. Notwithstanding any contrary	7145
provision of the agreement between such an eligible business and	7146
the tax credit authority, any credit granted under this section	7147
against the tax imposed by section 5725.18, 5729.03, 5733.06,	7148
5747.02, or 5751.02 of the Revised Code to the eligible business,	7149
at the election of the eligible business and without any action by	7150
the tax credit authority, may be shared with any member or members	7151
of the affiliated group that includes the eligible business, which	7152
member or members may claim the credit against the taxes imposed	7153
by section 5725.18, 5726.02, 5729.03, 5733.06, 5747.02, or 5751.02	7154
of the Revised Code. Credits shall be claimed by the eligible	7155
business in sequential order, as applicable, first claiming the	7156
credits to the fullest extent possible against the tax that the	7157
certificate holder is subject to, then against the tax imposed by,	7158
sequentially, section 5729.03, 5725.18, 5747.02, 5751.02, and	7159
lastly 5726.02 of the Revised Code. The credits may be allocated	7160
among the members of the affiliated group in such manner as the	7161
eligible business elects, but subject to the sequential order	7162
required under this division. This division applies to credits	7163
granted before, on, or after March 27, 2013, the effective date of	7164
H.B. 510 of the 129th general assembly. Credits granted before	7165
that effective date that are shared and allocated under this	7166
division may be claimed in those calendar years in which the	7167
remaining taxable years specified in the agreement end.	7168

As used in this division, "affiliated group" means a group of	7169
two or more persons with fifty per cent or greater of the value of	7170
each person's ownership interests owned or controlled directly,	7171
indirectly, or constructively through related interests by common	7172
owners during all or any portion of the taxable year, and the	7173
common owners. "Affiliated group" includes, but is not limited to,	7174
any person eligible to be included in a consolidated elected	7175
taxpayer group under section 5751.011 of the Revised Code or a	7176
combined taxpayer group under section 5751.012 of the Revised	7177
Code.	7178

Sec. 122.175. (A) As used in this section:

7179

(1) "Capital investment project" means a plan of investment	7180
at a project site for the acquisition, construction, renovation,	7181
expansion, replacement, or repair of a computer data center or of	7182
computer data center equipment, but does not include any of the	7183
following:	7184

(a) Project costs paid before a date determined by the tax	7185
credit authority for each capital investment project;	7186

(b) Payments made to a related member as defined in section	7187
5733.042 of the Revised Code or to a consolidated elected taxpayer	7188
or a combined taxpayer as defined in section 5751.01 of the	7189
Revised Code.	7190

(2) "Computer data center" means a facility used or to be	7191
used primarily to house computer data center equipment used or to	7192
be used in conducting aone or more computer data center ~~business~~	7193
businesses, as determined by the tax credit authority.	7194

(3) "Computer data center business" means, as may be further	7195
determined by the tax credit authority, a business that provides	7196
electronic information services as defined in division (Y)(1)(c)	7197
of section 5739.01 of the Revised Code, or that leases a facility	7198
to one or more such businesses. "Computer data center business"	7199
does not include providing electronic publishing as defined in	7200
division (LLL) of that section.	7201

(4) "Computer data center equipment" means tangible personal	7202
property used or to be used for any of the following:	7203

(a) To conduct a computer data center business, including	7204
equipment cooling systems to manage the performance of computer	7205
data center equipment;	7206

(b) To generate, transform, transmit, distribute, or manage	7207
electricity necessary to operate the tangible personal property	7208
used or to be used in conducting a computer data center business;	7209

(c) As building and construction materials sold to	7210
construction contractors for incorporation into a computer data	7211
center.	7212

(5) "Eligible computer data center" means a computer data	7213
center that satisfies all of the following requirements:	7214

(a) ~~The taxpayer~~One or more taxpayers operating a computer	7215
data center business at the project site will, in the aggregate,	7216
make payments for a capital investment project of at least one	7217
hundred million dollars ~~in the aggregate~~ at the project site	7218
during a period of three consecutive calendar years;	7219

(b) ~~The taxpayer~~One or more taxpayers operating a computer	7220
data center business at the project site will, in the aggregate,	7221
pay annual compensation that is subject to the withholding	7222
obligation imposed under section 5747.06 of the Revised Code of at	7223
least ~~five~~one million five hundred thousand dollars to employees	7224
employed at the project site for ~~the term of the agreement~~each	7225
year of the agreement beginning on or after the first day of the	7226
twenty-fifth month after the agreement was entered into under this	7227
section.	7228

(6) "Person" has the same meaning as in section 5701.01 of	7229
the Revised Code.	7230

(7) "Project site," "related member," and "tax credit	7231
authority" have the same meanings as in sections 122.17 and	7232
122.171 of the Revised Code.	7233

(8) "Taxpayer" means any person subject to the taxes imposed	7234
under Chapters 5739. and 5741. of the Revised Code.	7235

(B) The tax credit authority may completely or partially	7236
exempt from the taxes levied under Chapters 5739. and 5741. of the	7237
Revised Code the sale, storage, use, or other consumption of	7238
computer data center equipment used or to be used at an eligible	7239
computer data center. Any such exemption shall extend to charges	7240
for the delivery, installation, or repair of the computer data	7241
center equipment subject to the exemption under this section.	7242

(C) A taxpayer that proposes a capital improvement project	7243
for an eligible computer data center in this state may apply to	7244
the tax credit authority to enter into an agreement under this	7245
section ~~for~~authorizing a complete or partial exemption from the	7246
taxes imposed under Chapters 5739. and 5741. of the Revised Code	7247
on computer data center equipment purchased by the applicant or	7248
any other taxpayer that operates a computer data center business	7249
at the project site and used or to be used at the eligible	7250
computer data center. The director of development services shall	7251
prescribe the form of the application. After receipt of an	7252
application, the authority shall forward copies of the application	7253
to the director of budget and management, the tax commissioner,	7254
and the director of development services, each of whom shall	7255
review the application to determine the economic impact that the	7256
proposed eligible computer data center would have on the state and	7257
any affected political subdivisions and submit to the authority a	7258
summary of their determinations and recommendations.	7259

(D) Upon review and consideration of such determinations and	7260
recommendations, the tax credit authority may enter into an	7261
agreement with the applicant and any other taxpayer that operates	7262
a computer data center business at the project site for a complete	7263
or partial exemption from the taxes imposed under Chapters 5739.	7264
and 5741. of the Revised Code on computer data center equipment	7265
used or to be used at an eligible computer data center if the	7266
authority determines all of the following:	7267

(1) The ~~taxpayer's~~ capital investment project for the	7268
eligible computer data center will increase payroll and the amount	7269
of income taxes to be withheld from employee compensation pursuant	7270
to section 5747.06 of the Revised Code.	7271

(2) The ~~taxpayer~~applicant is economically sound and has the	7272
ability to complete or effect the completion of the proposed	7273
capital investment project.	7274

(3) The ~~taxpayer~~applicant intends to and has the ability to	7275
maintain operations at the project site for the term of the	7276
agreement.	7277

(4) Receiving the exemption is a major factor in the	7278
~~taxpayer's~~applicant's decision to begin, continue with, or	7279
complete the capital investment project.	7280

(E) An agreement entered into under this section shall	7281
include all of the following:	7282

(1) A detailed description of the capital investment project	7283
that is the subject of the agreement, including the amount of the	7284
investment, the period over which the investment has been or is	7285
being made, the annual compensation to be paid by ~~the~~each	7286
taxpayer subject to the agreement to its employees at the project	7287
site, and the anticipated amount of income taxes to be withheld	7288
from employee compensation pursuant to section 5747.06 of the	7289
Revised Code.	7290

(2) The percentage of the exemption from the taxes imposed	7291
under Chapters 5739. and 5741. of the Revised Code for the	7292
computer data center equipment used or to be used at the eligible	7293
computer data center, the length of time the computer data center	7294
equipment will be exempted, and the first date on which the	7295
exemption applies.	7296

(3) A requirement that ~~the taxpayer maintain~~ the computer	7297
data center asremain an eligible computer data center during the	7298
term of the agreement and that the ~~taxpayer~~applicant maintain	7299
operations at the eligible computer data center during that term.	7300
An applicant does not violate the requirement described in	7301
division (E)(3) of this section if the applicant ceases operations	7302
at the eligible computer data center during the term of the	7303
agreement but resumes those operations within eighteen months	7304
after the date of cessation. The agreement shall provide that, in	7305
such a case, the applicant and any other taxpayer that operates a	7306
computer data center business at the project site shall not claim	7307
the tax exemption authorized in the agreement for any purchase of	7308
computer data center equipment made during the period in which the	7309
applicant did not maintain operations at the eligible computer	7310
data center.	7311

(4) A requirement that ~~during~~, for each year of the term of	7312
the agreement ~~the taxpayer~~beginning on or after the first day of	7313
the twenty-fifth month after the date the agreement was entered	7314
into, one or more taxpayers operating a computer data center	7315
business at the project site will, in the aggregate, pay annual	7316
compensation that is subject to the withholding obligation imposed	7317
under section 5747.06 of the Revised Code of at least ~~five~~one	7318
million five hundred thousand dollars to ~~its~~ employees at the	7319
eligible computer data center.	7320

(5) A requirement that ~~the~~each taxpayer subject to the	7321
agreement annually report to the director of development services	7322
employment, tax withholding, capital investment, and other	7323
information required by the director to perform the director's	7324
duties under this section.	7325

(6) A requirement that the director of development services	7326
annually review the annual reports of ~~the~~each taxpayer subject to	7327
the agreement to verify the information reported under division	7328
(E)(5) of this section and compliance with the agreement. Upon	7329
verification, the director shall issue a certificate to ~~the~~each	7330
such taxpayer stating that the information has been verified and	7331
that the taxpayer remains eligible for the exemption specified in	7332
the agreement.	7333

(7) A provision providing that the ~~taxpayer~~taxpayers subject	7334
to the agreement may not relocate a substantial number of	7335
employment positions from elsewhere in this state to the project	7336
site unless the director of development services determines that	7337
the appropriate taxpayer notified the legislative authority of the	7338
county, township, or municipal corporation from which the	7339
employment positions would be relocated. For purposes of this	7340
paragraph, the movement of an employment position from one	7341
political subdivision to another political subdivision shall be	7342
considered a relocation of an employment position unless the	7343
movement is confined to the project site. The transfer of an	7344
employment position from one political subdivision to another	7345
political subdivision shall not be considered a relocation of an	7346
employment position if the employment position in the first	7347
political subdivision is replaced by another employment position.	7348

(8) A waiver by ~~the~~each taxpayer subject to the agreement of	7349
any limitations periods relating to assessments or adjustments	7350
resulting from the taxpayer's failure to comply with the	7351
agreement.	7352

(F) The term of an agreement under this section shall be	7353
determined by the tax credit authority, and the amount of the	7354
exemption shall not exceed one hundred per cent of such taxes that	7355
would otherwise be owed in respect to the exempted computer data	7356
center equipment.	7357

(G) If aany taxpayer subject to an agreement under this	7358
section fails to meet or comply with any condition or requirement	7359
set forth in anthe agreement ~~under this section~~, the tax credit	7360
authority may amend the agreement to reduce the percentage of the	7361
exemption or term during which the exemption applies to the	7362
computer data center equipment used or to be used by the	7363
noncompliant taxpayer at an eligible computer data center. The	7364
reduction of the percentage or term may take effect in the current	7365
calendar year.	7366

(H) Financial statements and other information submitted to	7367
the department of development services or the tax credit authority	7368
by an applicant for or recipient of an exemption under this	7369
section, and any information taken for any purpose from such	7370
statements or information, are not public records subject to	7371
section 149.43 of the Revised Code. However, the chairperson of	7372
the authority may make use of the statements and other information	7373
for purposes of issuing public reports or in connection with court	7374
proceedings concerning tax exemption agreements under this	7375
section. Upon the request of the tax commissioner, the chairperson	7376
of the authority shall provide to the tax commissioner any	7377
statement or other information submitted by an applicant for or	7378
recipient of an exemption under this section. The tax commissioner	7379
shall preserve the confidentiality of the statement or other	7380
information.	7381

(I) The tax commissioner shall issue a direct payment permit	7382
under section 5739.031 of the Revised Code to aeach taxpayer ~~that~~	7383
~~enters into~~subject to an agreement under this section. Such	7384
direct payment permit shall authorize the taxpayer to pay any	7385
sales and use taxes due on purchases of computer data center	7386
equipment used or to be used in an eligible computer data center	7387
and to pay any sales and use taxes due on purchases of tangible	7388
personal property or taxable services other than computer data	7389
center equipment used or to be used in an eligible computer data	7390
center directly to the tax commissioner. Each such taxpayer shall	7391
pay pursuant to such direct payment permit all sales tax levied on	7392
such purchases under sections 5739.02, 5739.021, 5739.023, and	7393
5739.026 of the Revised Code and all use tax levied on such	7394
purchases under sections 5741.02, 5741.021, 5741.022, and 5741.023	7395
of the Revised Code, consistent with the terms of the agreement	7396
entered into under this section.	7397

During the term of an agreement under this section ~~the~~each	7398
taxpayer subject to the agreement shall submit to the tax	7399
commissioner a return that shows the amount of computer data	7400
center equipment purchased for use at the eligible computer data	7401
center, the amount of tangible personal property and taxable	7402
services other than computer data center equipment purchased for	7403
use at the eligible computer data center, the amount of tax under	7404
Chapter 5739. or 5741. of the Revised Code that would be due in	7405
the absence of the agreement under this section, the exemption	7406
percentage for computer data center equipment specified in the	7407
agreement, and the amount of tax due under Chapter 5739. or 5741.	7408
of the Revised Code as a result of the agreement under this	7409
section. ~~The~~Each such taxpayer shall pay the tax shown on the	7410
return to be due in the manner and at the times as may be further	7411
prescribed by the tax commissioner. ~~The~~Each such taxpayer shall	7412
include a copy of the director of development services'	7413
certificate of verification issued under division (E)(6) of this	7414
section. Failure to submit a copy of the certificate with the	7415
return does not invalidate the claim for exemption if the taxpayer	7416
submits a copy of the certificate to the tax commissioner within	7417
sixty days after the tax commissioner requests it.	7418

(J) If the director of development services determines that a	7419
~~taxpayer that~~one or more taxpayers received an exemption ~~under~~	7420
~~this section is not complying~~from taxes due on the purchase of	7421
computer data center equipment purchased for use at a computer	7422
data center that no longer complies with the requirement under	7423
division (E)(3) of this section, the director shall notify the tax	7424
credit authority and, if applicable, the taxpayer that applied to	7425
enter the agreement for the exemption under division (C) if this	7426
section of the noncompliance. After receiving such a notice, and	7427
after giving ~~the~~each taxpayer subject to the agreement an	7428
opportunity to explain the noncompliance, the authority may	7429
terminate the agreement and require ~~the~~each such taxpayer to pay	7430
to the state all or a portion of the taxes that would have been	7431
owed in regards to the exempt equipment in previous years, all as	7432
determined under rules adopted pursuant to division (K) of this	7433
section. In determining the portion of the taxes that would have	7434
been owed on the previously exempted equipment to be paid to this	7435
state by ~~the~~a taxpayer, the authority shall consider the effect	7436
of market conditions on the ~~taxpayer's~~ eligible computer data	7437
center ~~and~~, whether the taxpayer continues to maintain other	7438
operations in this state, and, with respect to agreements	7439
involving multiple taxpayers, the taxpayer's level of	7440
responsibility for the noncompliance. After making the	7441
determination, the authority shall certify to the tax commissioner	7442
the amount to be paid by ~~the~~each taxpayer subject to the	7443
agreement. The tax commissioner shall make an assessment for that	7444
amount against ~~the~~each such taxpayer under Chapter 5739. or 5741.	7445
of the Revised Code. The time limitations on assessments under	7446
those chapters do not apply to an assessment under this division,	7447
but the tax commissioner shall make the assessment within one year	7448
after the date the authority certifies to the tax commissioner the	7449
amount to be paid by the taxpayer.	7450

(K) The director of development services, after consultation	7451
with the tax commissioner and in accordance with Chapter 119. of	7452
the Revised Code, shall adopt rules necessary to implement this	7453
section. The rules may provide for recipients of tax exemptions	7454
under this section to be charged fees to cover administrative	7455
costs incurred in the administration of this section. The fees	7456
collected shall be credited to the business assistance fund	7457
created in section 122.174 of the Revised Code. At the time the	7458
director gives public notice under division (A) of section 119.03	7459
of the Revised Code of the adoption of the rules, the director	7460
shall submit copies of the proposed rules to the chairpersons of	7461
the standing committees on economic development in the senate and	7462
the house of representatives.	7463

(L) On or before the first day of August of each year, the	7464
director of development services shall submit a report to the	7465
governor, the president of the senate, and the speaker of the	7466
house of representatives on the tax exemption authorized under	7467
this section. The report shall include information on the number	7468
of agreements that were entered into under this section during the	7469
preceding calendar year, a description of the eligible computer	7470
data center that is the subject of each such agreement, and an	7471
update on the status of eligible computer data centers under	7472
agreements entered into before the preceding calendar year.	7473

(M) A taxpayer may be made a party to an existing agreement	7474
entered into under this section by the tax credit authority and	7475
another taxpayer or group of taxpayers. In such a case, the	7476
taxpayer shall be entitled to all benefits and bound by all	7477
obligations contained in the agreement and all requirements	7478
described in this section. When an agreement includes multiple	7479
taxpayers, each taxpayer shall be entitled to a direct payment	7480
permit as authorized in division (I) of this section.	7481

Sec. 122.28. As used in sections 122.28 and 122.30 to 122.36	7482
of the Revised Code:	7483

(A) "New technology" means the development through science or	7484
research of methods, processes, and procedures, including but not	7485
limited to those involving the processing and utilization of coal,	7486
for practical application in industrial or agribusiness	7487
situations.	7488

(B) "Industrial research" means study and investigation in	7489
giving new shapes, new qualities or new combinations to matter or	7490
material products by the application of labor thereto or the	7491
rehabilitation of an existing matter or material product.	7492

(C) "Enterprise" means a business with its principal place of	7493
business in this state or which proposes to be engaged in this	7494
state in research and development or in the provision of products	7495
or services involving a significant amount of new technology.	7496

(D) "Educational institutions" means nonprofit public and	7497
private colleges and universities, incorporated or unincorporated,	7498
in the state.	7499

(E) "Small business" means an enterprise with less than four	7500
hundred employees, including corporations, partnerships,	7501
unincorporated entities, proprietorships, and joint enterprises.	7502

(F) "Applied research" means the application of basic	7503
research for the development of new technology.	7504

Sec. 122.30. The ~~industrial technology and enterprise~~	7505
~~advisory council and the~~ director of development ~~are~~services is	7506
vested with the powers and duties provided in sections 122.28 and	7507
122.30 to 122.36 of the Revised Code, to promote the welfare of	7508
the people of the state through the interaction of the business	7509
and industrial community and educational institutions in the	7510
development of new technology and enterprise.	7511

(A) It is necessary for the state to establish the ~~industrial~~	7512
~~technology and enterprise advisory council and the~~ programs	7513
created pursuant to sections 122.28 and 122.30 to 122.36 of the	7514
Revised Code to accomplish the following purposes which are	7515
determined to be essential:	7516

(1) Improve the existing industrial and agricultural base of	7517
the state;	7518

(2) Improve the economy of the state by providing employment,	7519
increasing productivity, and slowing the rate of inflation;	7520

(3) Develop markets worldwide for the products of the state's	7521
natural resources and agricultural and manufacturing industries;	7522

(4) Maintain a high standard of living for the people of the	7523
state.	7524

(B) ~~The industrial technology and enterprise advisory council~~	7525
~~shall do all of the following:~~	7526

~~(1) Make recommendations to the director of development as to~~	7527
~~applications for assistance pursuant to sections 122.28 to 122.36~~	7528
~~of the Revised Code. The council may revise its recommendations to~~	7529
~~reflect any changes in the proposed assistance made by the~~	7530
~~director.~~	7531

~~(2) Advise the director in the administration of sections~~	7532
~~122.28 to 122.36 of the Revised Code;~~	7533

~~(3) Adopt bylaws to govern the conduct of the council's~~	7534
~~business.~~	7535

~~(C)~~ The director ~~of development~~ shall do all of the	7536
following:	7537

(1) Receive applications for assistance under sections 122.28	7538
and 122.30 to 122.36 of the Revised Code ~~and, after processing,~~	7539
~~forward them to the council together with necessary supporting~~	7540
~~information~~;	7541

(2) ~~Receive the recommendations of the council and make~~Make	7542
a ~~final~~ determination whether to approve the application for	7543
assistance;	7544

(3) Transmit determinations to approve assistance exceeding	7545
forty thousand dollars to the controlling board, together with any	7546
information the controlling board requires, for the board's review	7547
and decision as to whether to approve the assistance;	7548

(4) Gather and disseminate information and conduct hearings,	7549
conferences, seminars, investigations, and special studies on	7550
problems and programs concerning industrial research and new	7551
technology and their commercial applications in the state;	7552

(5) Establish an annual program to recognize the	7553
accomplishments and contributions of individuals and organizations	7554
in the development of industrial research and new technology in	7555
the state;	7556

(6) Stimulate both public and industrial awareness and	7557
interest in industrial research and development of new technology	7558
primarily in the areas of industrial processes, implementation,	7559
energy, agribusiness, medical technology, avionics, and food	7560
processing;	7561

(7) Develop and implement comprehensive and coordinated	7562
policies, programs, and procedures promoting industrial research	7563
and new technology;	7564

(8) Propose appropriate legislation or executive actions to	7565
stimulate the development of industrial research and new	7566
technology by enterprises and individuals;	7567

(9) Encourage and facilitate contracts between industry,	7568
agriculture, educational institutions, federal agencies, and state	7569
agencies, with special emphasis on industrial research and new	7570
technology by small businesses and agribusiness;	7571

(10) Participate with any state agency in developing specific	7572
programs and goals to assist in the development of industrial	7573
research and new technology and monitor performance;	7574

(11) Assist enterprises in obtaining alternative forms of	7575
governmental or commercial financing for industrial research and	7576
new technology;	7577

(12) Assist enterprises or individuals in the implementation	7578
of new programs and policies and the expansion of existing	7579
programs to provide an atmosphere conducive to increased	7580
cooperation among and participation by individuals, enterprises,	7581
and educational institutions engaged in industrial research and	7582
the development of new technology;	7583

(13) Advertise, prepare, print, and distribute books, maps,	7584
pamphlets, and other information ~~which in the judgment of the~~	7585
~~director will further its purposes~~;	7586

(14) Include in the director's annual report to the governor	7587
and the general assembly a report on the activities for the	7588
preceding calendar year under sections 122.28 and 122.30 to 122.36	7589
of the Revised Code;	7590

(15) Approve the expenditure of money appropriated by the	7591
general assembly for the purpose of sections 122.28 and 122.30 to	7592
122.36 of the Revised Code;	7593

(16) Identify and implement federal research and development	7594
programs which would link Ohio's industrial base, research	7595
facilities, and natural resources;	7596

(17) Employ and fix the compensation of technical and	7597
professional personnel, who shall be in the unclassified civil	7598
service, and employ other personnel, who shall be in the	7599
classified civil service, as necessary to carry out the provisions	7600
of sections 122.28 and 122.30 to 122.36 of the Revised Code.	7601

Sec. 122.31. All expenses and obligations incurred by the	7602
director of development ~~and the industrial technology and~~	7603
~~enterprise advisory council~~services in carrying out ~~their~~the	7604
director's powers and ~~in exercising their~~ duties under sections	7605
122.28 and 122.30 to 122.36 of the Revised Code, are payable from	7606
revenues or other receipts or income from grants, gifts,	7607
contributions, compensation, reimbursement, and funds established	7608
in accordance with those sections or general revenue funds	7609
appropriated by the general assembly for operating expenses of the	7610
director ~~or council~~.	7611

Sec. 122.32. The director of development services, on behalf	7612
of the programs authorized pursuant to sections 122.28 and 122.30	7613
to 122.36 of the Revised Code, may receive and accept grants,	7614
gifts, and contributions of money, property, labor, and other	7615
things of value to be held, used, and applied only for the purpose	7616
for which the grants, gifts, and contributions are made, from	7617
individuals, private and public corporations, from the United	7618
States or any agency of the United States, and from any political	7619
subdivision of the state. The director may agree to repay any	7620
contribution of money or to return any property contributed or its	7621
value at times, in amounts, and on terms and conditions excluding	7622
the payment of interest as the director determines at the time the	7623
contribution is made. The director may evidence the obligation by	7624
written contracts, subject to section 122.31 of the Revised Code,	7625
provided that the director shall not thereby incur indebtedness of	7626
or impose liability upon the state or any political subdivision.	7627

Sec. 122.33. The director of development services shall	7628
administer the following programs:	7629

(A) The industrial technology and enterprise development	7630
grant program, to provide capital to acquire, construct, enlarge,	7631
improve, or equip and to sell, lease, exchange, and otherwise	7632
dispose of property, structures, equipment, and facilities within	7633
the state.	7634

Such funding may be made to enterprises that propose to	7635
develop new products or technologies when the director finds all	7636
of the following factors to be present:	7637

(1) The undertaking will benefit the people of the state by	7638
creating or preserving jobs and employment opportunities or	7639
improving the economic welfare of the people of the state, and	7640
promoting the development of new technology.	7641

(2) There is reasonable assurance that the potential	7642
royalties to be derived from the sale of the product or process	7643
described in the proposal will be sufficient to repay the funding	7644
pursuant to sections 122.28 and 122.30 to 122.36 of the Revised	7645
Code and that, in making the agreement, as it relates to patents,	7646
copyrights, and other ownership rights, there is reasonable	7647
assurance that the resulting new technology will be utilized to	7648
the maximum extent possible in facilities located in Ohio.	7649

(3) The technology and research to be undertaken will allow	7650
enterprises to compete more effectively in the marketplace. Grants	7651
of capital may be in such form and conditioned upon such terms as	7652
the ~~board~~director deems appropriate.	7653

(B) The industrial technology and enterprise resources	7654
program to provide for the collection, dissemination, and exchange	7655
of information regarding equipment, facilities, and business	7656
planning consultation resources available in business, industry,	7657
and educational institutions and to establish methods by which	7658
small businesses may use available facilities and resources. The	7659
methods may include, but need not be limited to, leases	7660
reimbursing the educational institutions for their actual costs	7661
incurred in maintaining the facilities and agreements assigning	7662
royalties from development of successful products or processes	7663
through the use of the facilities and resources. The director	7664
shall operate this program in conjunction with the board of	7665
regents.	7666

(C) The Thomas Alva Edison grant program to provide grants to	7667
foster research, development, or technology transfer efforts	7668
involving enterprises and educational institutions that will lead	7669
to the creation of jobs. The director shall utilize the Edison	7670
center network in carrying out the goals and objectives shall this	7671
program. For the purposes of this division, "Edison center	7672
network" means the six cooperative research and development	7673
facilities in this state that receive funding under this division,	7674
are nonprofit organizations, have been in existence at least	7675
eighteen years as of the effective date of this amendment, and	7676
have experience in delivering manufacturing extension partnership	7677
program services to companies in this state.	7678

(1) Grants may be made to a nonprofit organization or a	7679
public or private educational institution, department, college,	7680
institute, faculty member, or other administrative subdivision or	7681
related entity of an educational institution when the director	7682
finds that the undertaking will benefit the people of the state by	7683
supporting research in advanced technology areas likely to improve	7684
the economic welfare of the people of the state through promoting	7685
the development of new commercial technology.	7686

(2) Grants may be made in a form and conditioned upon terms	7687
as the director considers appropriate.	7688

(3) Grants made under this program shall in all instances be	7689
in conjunction with a contribution to the project by a cooperating	7690
enterprise which maintains or proposes to maintain a relevant	7691
research, development, or manufacturing facility in the state, by	7692
a nonprofit organization, or by an educational institution or	7693
related entity; however, funding provided by an educational	7694
institution or related entity shall not be from general revenue	7695
funds appropriated by the Ohio general assembly. No grant made	7696
under this program shall exceed the contribution made by the	7697
cooperating enterprise, nonprofit organization, or educational	7698
institution or related entity. The director may consider	7699
cooperating contributions in the form of state of the art new	7700
equipment or in other forms provided the director determines that	7701
the contribution is essential to the successful implementation of	7702
the project. The director may adopt rules or guidelines for the	7703
valuation of contributions of equipment or other property.	7704

(4) The director may determine fields of research from which	7705
grant applications will be accepted under this program.	7706

Sec. 122.34. The exercise of the powers granted by sections	7707
122.28 and 122.30 to 122.36 of the Revised Code will be in all	7708
respects for the benefit of the people of the state, for the	7709
improvement of commerce and prosperity, improvement of employment	7710
conditions, and will constitute the performance of essential	7711
governmental functions.	7712

Sec. 122.35. All moneys received under sections 122.28 and	7713
122.30 to 122.36 of the Revised Code are trust funds to be held	7714
and applied solely as provided in those sections and section	7715
166.03 of the Revised Code. All moneys, except when deposited with	7716
the treasurer of the state, shall be kept and secured in	7717
depositories as selected by the director of development services	7718
in the manner provided in sections 135.01 to 135.21 of the Revised	7719
Code, insofar as those sections are applicable. All moneys held by	7720
the director in trust to carry out the purposes of sections 122.28	7721
and 122.30 to 122.36 of the Revised Code shall be used as provided	7722
in sections 122.28 and 122.30 to 122.36 of the Revised Code and at	7723
no time be part of other public funds.	7724

Sec. 122.36. Any materials or data submitted to, made	7725
available to, or received by the director of development~~, the~~	7726
~~industrial technology and enterprise advisory council,~~services or	7727
the controlling board, to the extent that the material or data	7728
consist of trade secrets, as defined in section 1333.61 of the	7729
Revised Code, or commercial or financial information, regarding	7730
projects are not public records for the purposes of section 149.43	7731
of the Revised Code.	7732

Sec. 122.58. Moneys in the funds established pursuant to	7733
Chapter 122. of the Revised Code, except as otherwise provided in	7734
any proceedings authorizing revenue bonds or in any trust	7735
agreement securing such bonds, in excess of current needs, may be	7736
invested in notes, bonds, or other obligations which are direct	7737
obligations of or are guaranteed by the United States, in	7738
certificates of deposit or other withdrawable accounts of banks,	7739
trust companies, and building and loan or savings and loan	7740
associations organized under the laws of the state or the United	7741
States, or in the manner provided in any agreement entered into	7742
pursuant to section 169.05 of the Revised Code.	7743

Income from all such investments of moneys in any fund shall	7744
be credited to such funds as the director of development	7745
determines subject to the provisions of any bond issuance	7746
proceedings or trust agreement, and such investments may be sold	7747
at such time as the director shall determine, provided	7748
certificates of deposit or other withdrawable accounts may be sold	7749
only in accordance with division (B) of section 169.05 or	7750
divisions ~~(D) and~~ (E) and (F) of section 169.08 of the Revised	7751
Code.	7752

Sec. 122.657. For the purposes of sections 122.65 to 122.658	7753
of the Revised Code, the director of development shall establish	7754
policies and requirements regarding all of the following:	7755

(A) The form and content of applications for grants or loans	7756
from the clean Ohio revitalization fund under section 122.652 of	7757
the Revised Code. The policies and requirements shall require that	7758
each application include, at a minimum, all of the following:	7759

(1) The name, address, and telephone number of the applicant;

7760

(2) The legal description of the property for which the grant	7761
or loan is requested;	7762

(3) A summary description of the hazardous substances or	7763
petroleum present at the brownfield and a certified copy of the	7764
results of an assessment;	7765

(4) A detailed explanation of the proposed cleanup or	7766
remediation of the brownfield, including an identification of the	7767
applicable cleanup standards, and a detailed description of the	7768
proposed use of the brownfield after completion of the cleanup or	7769
remediation;	7770

(5) An estimate of the total cost to clean up or remediate	7771
the brownfield in order to comply with the applicable cleanup	7772
standards. The total cost shall include the cost of employing a	7773
certified professional under section 122.654 of the Revised Code.	7774

(6) A detailed explanation of the portion of the estimated	7775
total cost of the cleanup or remediation of the brownfield that	7776
the applicant proposes to provide as required under sections	7777
122.653 and 122.658 of the Revised Code and financial records	7778
supporting the proposal;	7779

(7) A certified copy of a resolution or ordinance approving	7780
the project that the applicant shall obtain from the board of	7781
township trustees of the township or the legislative authority of	7782
the municipal corporation in which the property is located,	7783
whichever is applicable;	7784

(8) A description of the estimated economic benefit that will	7785
result from a cleanup or remediation of the brownfield;	7786

(9) An application summary for purposes of review by an	7787
integrating committee or, if applicable, the executive committee	7788
of an integrating committee under division (B) of section 122.652	7789
of the Revised Code;	7790

(10) With respect to applications for loans, information	7791
demonstrating that the applicant will implement a financial	7792
management plan that includes, without limitation, provisions for	7793
the satisfactory repayment of the loan;	7794

(11) Any other provisions that the director determines should	7795
be included in an application.	7796

(B) Procedures for conducting public meetings and providing	7797
public notice under division (A) of section 122.652 of the Revised	7798
Code;	7799

(C) Criteria to be used by integrating committees or, if	7800
required under division (C) of section 122.652 of the Revised	7801
Code, executive committees of integrating committees when	7802
prioritizing projects under division (B) of section 122.652 of the	7803
Revised Code. The policies and requirements also shall establish	7804
procedures that integrating committees or, if required under	7805
division (C) of section 122.652 of the Revised Code, executive	7806
committees of integrating committees shall use in applying the	7807
criteria.	7808

(D) A selection process that provides for the prioritization	7809
of brownfield cleanup or remediation projects for which grant or	7810
loan applications are submitted under section 122.652 of the	7811
Revised Code. The policies and requirements shall require the	7812
selection process to give priority to projects in which the	7813
post-cleanup or remediation use will be for a combination of	7814
residential, commercial, or industrial purposes, which may include	7815
the conversion of a portion of a brownfield to a recreation, park,	7816
or natural area that is integrated with the residential,	7817
commercial, or industrial use of the brownfield after cleanup or	7818
remediation, or will incorporate projects that are funded by	7819
grants awarded under sections 164.20 to 164.27 of the Revised	7820
Code. The policies and requirements shall require the selection	7821
process to incorporate and emphasize all of the following factors:	7822

(1) The potential economic benefit that will result from the	7823
cleanup or remediation of a brownfield;	7824

(2) The potential environmental improvement that will result	7825
from the cleanup or remediation of a brownfield;	7826

(3) The amount and nature of the match provided by an	7827
applicant as required under sections 122.653 and 122.658 of the	7828
Revised Code;	7829

(4) Funding priorities recommended by integrating committees	7830
or, if required under division (C) of section 122.652 of the	7831
Revised Code, executive committees of integrating committees under	7832
division (B) of section 122.652 of the Revised Code;	7833

(5) The potential benefit to low-income communities,	7834
including minority communities, that will result from the cleanup	7835
or remediation of a brownfield;	7836

(6) Any other factors that the director considers	7837
appropriate.	7838

(E) The development of criteria that the director shall use	7839
when awarding grants under section 122.656 of the Revised Code.	7840
The criteria shall give priority to public health projects. In	7841
addition, the director, in consultation with the director of	7842
environmental protection, shall establish policies and	7843
requirements that require the criteria to include a public health	7844
project selection process that incorporates and emphasizes all of	7845
the following factors:	7846

(1) The potential environmental improvement that will result	7847
from the cleanup or remediation;	7848

(2) The ability of an applicant to access the property for	7849
purposes of the cleanup or remediation;	7850

(3) The name and qualifications of the cleanup or remediation	7851
contractor;	7852

(4) Any other factors that the director of development	7853
considers appropriate.	7854

The director of development may develop any other policies	7855
and requirements that the director determines are necessary for	7856
the administration of section 122.656 of the Revised Code.	7857

(F) The development of a brownfield cleanup and remediation	7858
oversight program to ensure compliance with sections 122.65 to	7859
122.658 of the Revised Code and policies and requirements	7860
established under this section. The policies and requirements	7861
shall require the program to include, at a minimum, both of the	7862
following:	7863

(1) Procedures for the accounting of invoices and receipts	7864
and any other documents that are necessary to demonstrate that a	7865
cleanup or remediation was properly performed;	7866

(2) Procedures that are necessary to provide a detailed	7867
explanation of the status of the property five years after the	7868
completed cleanup or remediation.	7869

(G) A delineation of what constitutes administrative costs	7870
for purposes of divisions (D) and (F) of section 122.658 of the	7871
Revised Code;	7872

(H) Procedures and requirements for making loans and loan	7873
agreements that include at least all of the following:	7874

(1) Not more than fifteen per cent of moneys annually	7875
allocated to the clean Ohio revitalization fund shall be used for	7876
loans.	7877

(2) The loans shall be made at or below market rates of	7878
interest, including, without limitation, interest-free loans.	7879

(3) The recipient of a loan shall identify a source of	7880
security and a source of repayment of the loan.	7881

(4) ~~All payments of principal and interest on a loan shall be~~	7882
~~deposited in the state treasury and credited to the clean Ohio~~	7883
~~revitalization revolving loan fund.~~	7884

~~(5)~~ The clean Ohio council may accept notes and other forms	7885
of obligation to evidence indebtedness, accept mortgages, liens,	7886
pledges, assignments, and other security interests to secure such	7887
indebtedness, and take any actions that are considered by the	7888
council to be appropriate to protect such security and safeguard	7889
against losses, including, without limitation, foreclosure and	7890
bidding on the purchase of property upon foreclosure or other	7891
sale.	7892

(I) Any other policies and requirements that the director	7893
determines are necessary for the administration of sections 122.65	7894
to 122.658 of the Revised Code.	7895

Sec. 122.658. (A) The clean Ohio revitalization fund is	7896
hereby created in the state treasury. The fund shall consist of	7897
moneys credited to it pursuant to section 151.40 of the Revised	7898
Code. Moneys in the fund shall be used to make grants or loans for	7899
projects that have been approved by the clean Ohio council in	7900
accordance with section 122.653 of the Revised Code, except that	7901
the council annually shall devote twenty per cent of the net	7902
proceeds of obligations deposited in the clean Ohio revitalization	7903
fund for the purposes of section 122.656 of the Revised Code.	7904

Moneys in the clean Ohio revitalization fund may be used to	7905
pay reasonable costs incurred by the department of development and	7906
the environmental protection agency in administering sections	7907
122.65 to 122.658 of the Revised Code. All investment earnings of	7908
the fund shall be credited to the fund. Investment earnings	7909
credited to the clean Ohio revitalization fund may be used to pay	7910
costs incurred by the department of development and the	7911
environmental protection agency pursuant to sections 122.65 to	7912
122.658 of the Revised Code.	7913

The department of development shall administer the clean Ohio	7914
revitalization fund in accordance with this section, policies and	7915
requirements established under section 122.657 of the Revised	7916
Code, and the terms of agreements entered into by the council	7917
under section 122.653 of the Revised Code.	7918

(B) Grants awarded and loans made under section 122.653 of	7919
the Revised Code shall provide not more than seventy-five per cent	7920
of the estimated total cost of a project. A grant or loan to any	7921
one project shall not exceed three million dollars. An applicant	7922
shall provide at least twenty-five per cent of the estimated total	7923
cost of a project. The applicant's share may consist of one or a	7924
combination of any of the following:	7925

(1) Payment of the cost of acquiring the property for the	7926
purposes of sections 122.65 to 122.658 of the Revised Code;	7927

(2) Payment of the reasonable cost of an assessment at the	7928
property;	7929

(3) The reasonable value, as determined by the council, of	7930
labor and materials that will be contributed by the applicant in	7931
performing the cleanup or remediation;	7932

(4) Moneys received by the applicant in any form for use in	7933
performing the cleanup or remediation;	7934

(5) Loans secured by the applicant for the purpose of the	7935
cleanup or remediation of the brownfield.	7936

Costs that were incurred more than two years prior to the	7937
submission of an application to the clean Ohio council for the	7938
acquisition of property, assessments, and labor and materials	7939
shall not be used as part of the applicant's matching share.	7940

(C) The department of development shall not make any payment	7941
to an applicant from the clean Ohio revitalization fund to pay	7942
costs of the applicant that were not included in an application	7943
for a grant or loan under section 122.653 of the Revised Code or	7944
that exceed the amount of the estimated total cost of the project	7945
included in the application. If, upon completion of a project, the	7946
costs of the project are less than the amounts included in the	7947
application, the amounts included in the application less the	7948
amounts of the actual costs of the project shall be credited to	7949
the clean Ohio revitalization fund. However, the amounts credited	7950
shall be equivalent in percentage to the percentage of the costs	7951
of the project that were to be funded by the grant or loan from	7952
the fund.	7953

(D) Grants awarded or loans made under section 122.653 of the	7954
Revised Code from the clean Ohio revitalization fund shall be used	7955
by an applicant only to pay the costs of the actual cleanup or	7956
remediation of a brownfield and shall not be used by an applicant	7957
to pay any administrative costs incurred by the applicant. Costs	7958
related to the use of a certified professional for purposes of	7959
section 122.654 of the Revised Code are not administrative costs	7960
and may be paid with moneys from grants awarded or loans made	7961
under section 122.653 of the Revised Code.	7962

(E) The portion of net proceeds of obligations devoted under	7963
division (A) of this section for the purposes of section 122.656	7964
of the Revised Code shall be used to make grants for assessments,	7965
cleanup or remediation of brownfields, and public health projects	7966
that have been approved by the director of development under that	7967
section. The department of development shall administer section	7968
122.656 of the Revised Code in accordance with this section,	7969
policies and requirements established under section 122.657 of the	7970
Revised Code, and the terms of agreements entered into by the	7971
director under section 122.656 of the Revised Code. The director	7972
shall not grant more than twenty-five million dollars for public	7973
health projects under section 122.656 of the Revised Code.	7974

(F) Grants awarded under section 122.656 of the Revised Code	7975
shall be used by an applicant only to pay the costs of actually	7976
conducting an assessment, a cleanup or remediation of a	7977
brownfield, or a public health project and shall not be used by an	7978
applicant to pay any administrative costs incurred by the	7979
applicant. Costs related to the use of a certified professional	7980
for purposes of section 122.654 of the Revised Code are not	7981
administrative costs and may be paid with moneys from grants	7982
awarded under section 122.656 of the Revised Code.	7983

~~(G)(1) The clean Ohio revitalization revolving loan fund is~~	7984
~~hereby created in the state treasury. Payments of principal and~~	7985
~~interest on loans made from the clean Ohio revitalization fund~~	7986
~~shall be credited to this revolving loan fund, as shall payments~~	7987
~~of principal and interest on loans made from the revolving loan~~	7988
~~fund itself. The revolving loan fund's investment earnings shall~~	7989
~~be credited to it.~~	7990

~~(2) The clean Ohio revitalization revolving loan fund shall~~	7991
~~be used to make loans for the same purposes and subject to the~~	7992
~~same policies, requirements, criteria, and application procedures~~	7993
~~as loans made from the clean Ohio revitalization fund.~~	7994

Sec. 122.66. As used in sections 122.66 to 122.702 of the	7995
Revised Code:	7996

(A) "Poverty line" means the official poverty line	7997
established by the director of the United States office of	7998
management and budget and as revised by the ~~director~~secretary of	7999
~~the office of community~~health and human services in accordance	8000
with section 673(2) of the "Community Services Block Grant Act,"	8001
95 Stat. 1609, 42 U.S.C.A. 9902.	8002

(B) "Low-income person" means a person whose adjusted gross	8003
income as defined in division (A) of section 5747.01 of the	8004
Revised Code is below the poverty line as defined in division (A)	8005
of this section.	8006

(C) "Advocacy" means the act of pleading for, supporting, or	8007
recommending actions on behalf of low-income persons.	8008

(D) "Community action agency" means a community-based and	8009
operated private nonprofit agency or organization that includes or	8010
is designed to include a sufficient number of projects or	8011
components to provide a range of services and activities having a	8012
measurable and potentially major impact on the causes of poverty	8013
in the community or those areas of the community where poverty is	8014
a particularly acute problem and is designated as a community	8015
action agency by the ~~office of~~ community services division	8016
pursuant to sections 122.68 and 122.69 of the Revised Code.	8017

(E) "Community" means a city, village, county, multicity or	8018
multicounty unit, a neighborhood or other area, disregarding	8019
boundaries or political subdivisions, which provides a suitable	8020
organizational base and possesses a commonality of needs and	8021
interests for a community action program suitable to be served by	8022
a community action agency.	8023

(F) "Service area" means the geographical area served by a	8024
community action agency.	8025

Sec. 122.67. There is hereby created in the ~~department of~~	8026
development services agency the ~~office of~~ community services	8027
division. The director of development services shall employ and	8028
fix the compensation of professional and technical unclassified	8029
personnel as necessary to carry out the provisions of sections	8030
122.66 to 122.701 of the Revised Code.	8031

Sec. 122.68. The ~~office of~~ community services division	8032
shall:	8033

(A) Administer all federal funds appropriated to the state	8034
from the "Community Services Block Grant Act," 95 Stat. 511, 42	8035
U.S.C.A. 9901, and comply with requirements imposed by that act in	8036
its application for, and administration of, the funds;	8037

(B) Designate community action agencies to receive community	8038
services block grant funds;	8039

(C) Disburse at least ninety-five per cent or such other	8040
higher maximum amount as may from time to time be designated by	8041
congress of the funds received in the state from the "Community	8042
Services Block Grant Act" to community action agencies that comply	8043
with the requirements of section 122.69 of the Revised Code and	8044
migrant and seasonal farm worker organizations that are not	8045
designated community action agencies but which provide the	8046
services described in division (B)(1) of section 122.69 of the	8047
Revised Code.	8048

(D) Provide technical assistance to community action agencies	8049
to improve program planning, development, and administration;	8050

(E) Conduct yearly performance assessments, according to	8051
criteria determined by ~~department of~~ development services agency	8052
rule, to determine whether community action agencies are in	8053
compliance with section 122.69 of the Revised Code;	8054

(F) Annually prepare and submit to the United States	8055
secretary of health and human services, the governor, the	8056
president of the Ohio senate, and the speaker of the Ohio house of	8057
representatives, a comprehensive report that includes:	8058

(1) Certification that all community action agencies	8059
designated to receive funds from the "Community Services Block	8060
Grant Act" are in compliance with section 122.69 of the Revised	8061
Code;	8062

(2) A program plan for the next federal fiscal year that has	8063
been made available for public inspection and that details how	8064
community services block grant funds will be disbursed and used	8065
during that fiscal year;	8066

(3) Information detailing how funds were expended for the	8067
current fiscal year;	8068

(4) An audit of community services block grant expenditures	8069
for the preceding federal fiscal year that is conducted in	8070
accordance with generally accepted accounting principles by an	8071
independent auditing firm that has no connection with any	8072
community action agency receiving community services block grant	8073
funds or with any employee of the ~~office~~division.	8074

(G) Serve as a statewide advocate for social and economic	8075
opportunities for low-income persons.	8076

Sec. 122.681. (A) Except as permitted by this section, or	8077
when required by federal law, no person or government entity shall	8078
solicit, release, disclose, receive, use, or knowingly permit or	8079
participate in the use of any information regarding an individual	8080
receiving assistance pursuant to a community services division	8081
program under sections 122.66 to 122.702 of the Revised Code for	8082
any purpose not directly related to the administration of a	8083
division assistance program.	8084

(B) To the extent permitted by federal law, the division, and	8085
any entity that receives division funds to administer a division	8086
program to assist individuals, shall release information regarding	8087
an individual assistance recipient to the following:	8088

(1) A government entity responsible for administering the	8089
assistance program for purposes directly related to the	8090
administration of the program;	8091

(2) A law enforcement agency for the purpose of any	8092
investigation, prosecution, or criminal or civil proceeding	8093
relating to the administration of the assistance program;	8094

(3) A government entity responsible for administering a	8095
children's protective services program, for the purpose of	8096
protecting children.	8097

(C) To the extent permitted by federal law and section	8098
1347.08 of the Revised Code, the division, and any entity	8099
administering a division program, shall provide access to	8100
information regarding an individual assistance recipient to all of	8101
the following:	8102

(1) The individual assistance recipient;

8103

(2) The authorized representative of the individual	8104
assistance recipient;	8105

(3) The legal guardian of the individual assistance	8106
recipient;	8107

(4) The attorney of the individual assistance recipient.

8108

(D) To the extent permitted by federal law, the division, and	8109
any entity administering a division program, may do either of the	8110
following:	8111

(1) Release information about an individual assistance	8112
recipient if the recipient gives voluntary, written authorization;	8113

(2) Release information regarding an individual assistance	8114
recipient to a state, federal, or federally assisted program that	8115
provides cash or in-kind assistance or services directly to	8116
individuals based on need.	8117

(E) The community services division, or an entity	8118
administering a division program, shall provide, at no cost, a	8119
copy of each written authorization to the individual who signed	8120
it.	8121

(F) The development services agency may adopt rules defining	8122
who may serve as an individual assistance recipient's authorized	8123
representative for purposes of division (C)(2) of this section.	8124

Sec. 122.69. (A) Any nonprofit agency or organization	8125
seeking designation as a community action agency by the ~~office of~~	8126
community services division shall obtain the endorsement of the	8127
chief elected officials of at least two-thirds of the municipal	8128
corporations and the counties within the community to be served by	8129
the agency or organization.	8130

(B) Any nonprofit agency or organization that receives the	8131
endorsement provided for in division (A) of this section shall be	8132
designated by the ~~office~~division as the community action agency	8133
for the community it serves and shall receive community services	8134
block grant funds for any period of time that the nonprofit agency	8135
or organization:	8136

(1) Provides a range of services and opportunities having a	8137
measurable and potentially major impact on the causes of poverty	8138
in the community or those areas of the community where poverty is	8139
a particularly acute problem. These activities may include but	8140
shall not be limited to:	8141

(a) Providing activities designed to assist low-income	8142
persons, including elderly and handicapped low-income persons, to:	8143

(i) Secure and maintain meaningful employment, training, work	8144
experience, and unsubsidized employment;	8145

(ii) Attain an adequate education;

8146

(iii) Make better use of available income;

8147

(iv) Obtain and maintain adequate housing and a suitable	8148
living environment;	8149

(v) Obtain emergency assistance through loans or grants to	8150
meet immediate and urgent individual and family needs, including	8151
the need for health services, nutritious food, housing, and	8152
employment-related assistance;	8153

(vi) Remove obstacles and solve personal and family problems	8154
that block the achievement of self-sufficiency;	8155

(vii) Achieve greater participation in the affairs of the	8156
community;	8157

(viii) Undertake family planning, consistent with personal	8158
and family goals and religious and moral convictions;	8159

(ix) Obtain energy assistance, conservation, and	8160
weatherization services.	8161

(b) Providing, on an emergency basis, supplies and services,	8162
nutritious foodstuffs, and related services necessary to	8163
counteract conditions of starvation and malnutrition among	8164
low-income persons;	8165

(c) Coordinating and establishing links between government	8166
and other social services programs to assure the effective	8167
delivery of services to low-income individuals;	8168

(d) Providing child care services, nutrition and health	8169
services, transportation services, alcoholism and narcotic	8170
addiction prevention and rehabilitation services, youth	8171
development services, and community services to elderly and	8172
handicapped persons;	8173

(e) Encouraging entities in the private sector to participate	8174
in efforts to ameliorate poverty in the community.	8175

(2) Annually submits to the ~~office of community services~~	8176
division a program plan and budget for use of community services	8177
block grant funds for the next federal fiscal year. At least ten	8178
days prior to its submission to the ~~office of community services~~	8179
division, a copy of the program plan and budget shall be made	8180
available to the chief elected officials of the municipal	8181
corporations and counties within the service area in order to	8182
provide them the opportunity to review and comment upon such plan	8183
and budget.	8184

(3) Composes its board of directors in compliance with	8185
section (c)(3) of section 675 of ~~the~~ the "Community Services Block	8186
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9904, except that the board	8187
shall consist of not less than fifteen nor more than thirty-three	8188
members;	8189

(4) Complies with the prohibitions against discrimination and	8190
political activity, as provided in the "Community Services Block	8191
Grant Act";	8192

(5) Complies with fiscal and program requirements established	8193
by ~~department of~~ development services agency rule.	8194

Sec. 122.70. The board of directors of a community action	8195
agency shall:	8196

(A) Select, appoint, and may remove the executive director of	8197
the community action agency;	8198

(B) Approve contracts, annual program budgets, and policies	8199
of the community action agency;	8200

(C) Advise the elected officials of any political subdivision	8201
located within its service area, and state and federal elected	8202
officials who represent its service area, of the nature and extent	8203
of poverty within its community, and advise them of any needed	8204
changes;	8205

(D) Convene public meetings to provide community members the	8206
opportunity to comment on public policies and programs to reduce	8207
poverty;	8208

(E) Annually evaluate the policies and programs of the	8209
community action agency according to criteria determined by	8210
~~department of~~ development services agency rule;	8211

(F) Submit the results of the evaluation required by division	8212
(E) of this section, along with recommendations for improved	8213
administration of the community action agency, to the ~~office of~~	8214
community services division;	8215

(G) Adopt a code of ethics for the board of directors and the	8216
employees of the community action agency;	8217

(H) Adopt written policies describing all of the following:

8218

(1) How the community action agency is to expend and	8219
distribute the community services block grant funds that it	8220
receives from the ~~office of community services~~division under	8221
sections 122.68 and 122.69 of the Revised Code;	8222

(2) The salary, benefits, travel expenses, and any other	8223
compensation that persons are to receive for serving on the	8224
community action agency's board of directors;	8225

(3) The operating procedures to be used by the board to	8226
conduct its meetings, to vote on all official business it	8227
considers, and to provide notice of its meetings.	8228

(I) Provide for the posting of notices in a conspicuous place	8229
indicating that the code of ethics described in division (G) of	8230
this section and the policies described in division (H) of this	8231
section are available for public inspection at the community	8232
action agency during normal business hours.	8233

Sec. 122.701. (A) Prior to designating a new community	8234
action agency or rescinding a community action agency's	8235
designation, the ~~office of~~ community services division shall:	8236

(1) Determine whether a community action agency is in	8237
compliance with section 122.69 of the Revised Code;	8238

(2) Consult with the chief elected officials of political	8239
subdivisions located within a community action agency's service	8240
area, and, in designating a new community action agency, obtain	8241
their endorsement of the agency in accordance with division (A) of	8242
section 122.69 of the Revised Code;	8243

(3) Hold at least one public meeting within a community	8244
action agency's service area for the purpose of allowing citizens	8245
to comment on the community action agency's delivery of services;	8246

(4) Evaluate the proposed service area of the community	8247
action agency, and, as may be necessary, modify the boundaries of	8248
the service area so that low-income persons in the area are	8249
adequately and efficiently served.	8250

(B) After providing notice and hearing pursuant to sections	8251
119.01 to 119.13 of the Revised Code, the director of development	8252
services:	8253

(1) May rescind the designation of a community action agency	8254
~~if he finds~~after finding that the agency is not in compliance	8255
with any or all of the provisions of section 122.69 of the Revised	8256
Code;	8257

(2) Shall rescind the designation of a community action	8258
agency upon notification from the chief elected officials of more	8259
than one-half of the municipal corporations and the counties	8260
within a community currently served by a community action agency	8261
that such agency is not endorsed by them and ~~upon a~~after finding	8262
~~by him~~ that the agency is not in compliance with section 122.69 of	8263
the Revised Code.	8264

Any agency whose designation is rescinded pursuant to this	8265
section may appeal from an order rescinding such designation	8266
pursuant to section 119.12 of the Revised Code.	8267

Sec. 122.76. (A) The director of development services, with	8268
controlling board approval, may lend funds to minority business	8269
enterprises and to community improvement corporations, Ohio	8270
development corporations, minority contractors business assistance	8271
organizations, and minority business supplier development councils	8272
for the purpose of loaning funds to minority business enterprises	8273
~~and~~, for the purpose of procuring or improving real or personal	8274
property, or both, for the establishment, location, or expansion	8275
of industrial, distribution, commercial, or research facilities in	8276
the state, and for the purpose of contract financing, and to	8277
community development corporations that predominantly benefit	8278
minority business enterprises or are located in a census tract	8279
that has a population that is sixty per cent or more minority, if	8280
the director determines, in the director's sole discretion, that	8281
all of the following apply:	8282

(1) The project is economically sound and will benefit the	8283
people of the state by increasing opportunities for employment, by	8284
strengthening the economy of the state, or expanding minority	8285
business enterprises.	8286

(2) The proposed minority business enterprise borrower is	8287
unable to finance the proposed project through ordinary financial	8288
channels at comparable terms.	8289

(3) The value of the project is or, upon completion, will be	8290
at least equal to the total amount of the money expended in the	8291
procurement or improvement of the project.	8292

(4) The amount to be loaned by the director will not exceed	8293
seventy-five per cent of the total amount expended in the	8294
procurement or improvement of the project.	8295

(5) The amount to be loaned by the director will be	8296
adequately secured by a first or second mortgage upon the project	8297
or by mortgages, leases, liens, assignments, or pledges on or of	8298
other property or contracts as the director requires, and such	8299
mortgage will not be subordinate to any other liens or mortgages	8300
except the liens securing loans or investments made by financial	8301
institutions referred to in division (A)(3) of this section, and	8302
the liens securing loans previously made by any financial	8303
institution in connection with the procurement or expansion of all	8304
or part of a project.	8305

(B) Any proposed minority business enterprise borrower	8306
submitting an application for assistance under this section shall	8307
not have defaulted on a previous loan from the director, and no	8308
full or limited partner, major shareholder, or holder of an equity	8309
interest of the proposed minority business enterprise borrower	8310
shall have defaulted on a loan from the director.	8311

(C) The proposed minority business enterprise borrower shall	8312
demonstrate to the satisfaction of the director that it is able to	8313
successfully compete in the private sector if it obtains the	8314
necessary financial, technical, or managerial support and that	8315
support is available through the director, the minority business	8316
development office of the ~~department of~~ development services	8317
agency, or other identified and acceptable sources. In determining	8318
whether a minority business enterprise borrower will be able to	8319
successfully compete, the director may give consideration to such	8320
factors as the successful completion of or participation in	8321
courses of study, recognized by the board of regents as providing	8322
financial, technical, or managerial skills related to the	8323
operation of the business, by the economically disadvantaged	8324
individual, owner, or partner, and the prior success of the	8325
individual, owner, or partner in personal, career, or business	8326
activities, as well as to other factors identified by the	8327
director.	8328

(D) The director shall not lend funds for the purpose of	8329
procuring or improving motor vehicles or accounts receivable.	8330

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

8331

(1) "Certified engine configuration" means a new, rebuilt, or	8332
remanufactured engine configuration that satisfies divisions	8333
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this	8334
section:	8335

(a) It has been certified by the administrator of the United	8336
States environmental protection agency or the California air	8337
resources board.	8338

(b) It meets or is rebuilt or remanufactured to a more	8339
stringent set of engine emission standards than when originally	8340
manufactured, as determined pursuant to Subtitle G of Title VII of	8341
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838,	8342
et seq.	8343

(c) In the case of a certified engine configuration involving	8344
the replacement of an existing engine, an engine configuration	8345
that replaced an engine that was removed from the vehicle and	8346
returned to the supplier for remanufacturing to a more stringent	8347
set of engine emissions standards or for scrappage.	8348

(2) "Section 793" means section 793 of the Energy Policy Act	8349
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.	8350

(3) "Verified technology" means a pollution control	8351
technology, including a retrofit technology, advanced truckstop	8352
electrification system, or auxiliary power unit, that has been	8353
verified by the administrator of the United States environmental	8354
protection agency or the California air resources board.	8355

(B) For the purpose of reducing emissions from diesel	8356
engines, the director of environmental protection shall administer	8357
a diesel emissions reduction grant program and a diesel emissions	8358
reduction revolving loan program. The programs shall provide for	8359
the implementation in this state of section 793 and shall	8360
otherwise be administered in compliance with the requirements of	8361
section 793, and any regulations issued pursuant to that section.	8362

The director shall apply to the administrator of the United	8363
States environmental protection agency for grant or loan funds	8364
available under section 793 to help fund the diesel emissions	8365
reduction grant program and the diesel emissions reduction	8366
revolving loan program.	8367

(C) ~~There is hereby created in the state treasury the diesel~~	8368
~~emissions grant fund consisting of money appropriated to it by the~~	8369
~~general assembly, any grants obtained from the federal government~~	8370
~~under section 793, and any other grants, gifts, or other~~	8371
~~contributions of money made to the credit of the fund. Money in~~	8372
~~the fund shall be used for the purpose of making grants for~~	8373
~~projects relating to certified engine configurations and verified~~	8374
~~technologies in a manner consistent with the requirements of~~	8375
~~section 793 and any regulations issued under that section.~~	8376
~~Interest earned from moneys in the fund shall be used to~~	8377
~~administer the diesel emissions reduction grant program.~~	8378

~~(D)~~ There is hereby created in the state treasury the diesel	8379
emissions reduction revolving loan fund consisting of money	8380
appropriated to it by the general assembly, any grants obtained	8381
from the federal government under section 793, and any other	8382
grants, gifts, or other contributions of money made to the credit	8383
of the fund. Money in the fund shall be used for the purpose of	8384
making loans for projects relating to certified engine	8385
configurations and verified technologies in a manner consistent	8386
with the requirements of section 793 and any regulations issued	8387
pursuant to that section. Interest earned from moneys in the fund	8388
shall be used to administer the diesel emissions reduction	8389
revolving loan program.	8390

Sec. 123.01. (A) The department of administrative services,	8391
in addition to those powers enumerated in Chapters 124. and 125.	8392
of the Revised Code and provided elsewhere by law, shall exercise	8393
the following powers:	8394

(1) To prepare and suggest comprehensive plans for the	8395
development of grounds and buildings under the control of a state	8396
agency;	8397

(2) To acquire, by purchase, gift, devise, lease, or grant,	8398
all real estate required by a state agency, in the exercise of	8399
which power the department may exercise the power of eminent	8400
domain, in the manner provided by sections 163.01 to 163.22 of the	8401
Revised Code;	8402

(3) To erect, supervise, and maintain all public monuments	8403
and memorials erected by the state, except where the supervision	8404
and maintenance is otherwise provided by law;	8405

(4) To procure, by lease, storage accommodations for a state	8406
agency;	8407

(5) To lease or grant easements or licenses for unproductive	8408
and unused lands or other property under the control of a state	8409
agency. Such leases, easements, or licenses may be granted to any	8410
person or entity, shall be for a period not to exceed fifteen	8411
years, and shall be executed for the state by the director of	8412
administrative services, provided that the director shall grant	8413
leases, easements, or licenses of university land for periods not	8414
to exceed twenty-five years for purposes approved by the	8415
respective university's board of trustees wherein the uses are	8416
compatible with the uses and needs of the university and may grant	8417
leases of university land for periods not to exceed forty years	8418
for purposes approved by the respective university's board of	8419
trustees pursuant to section 123.17 of the Revised Code.	8420

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

8421

(7) To have general supervision and care of the storerooms,	8422
offices, and buildings leased for the use of a state agency;	8423

(8) To exercise general custodial care of all real property	8424
of the state;	8425

(9) To assign and group together state offices in any city in	8426
the state and to establish, in cooperation with the state agencies	8427
involved, rules governing space requirements for office or storage	8428
use;	8429

(10) To lease for a period not to exceed forty years,	8430
pursuant to a contract providing for the construction thereof	8431
under a lease-purchase plan, buildings, structures, and other	8432
improvements for any public purpose, and, in conjunction	8433
therewith, to grant leases, easements, or licenses for lands under	8434
the control of a state agency for a period not to exceed forty	8435
years. The lease-purchase plan shall provide that at the end of	8436
the lease period, the buildings, structures, and related	8437
improvements, together with the land on which they are situated,	8438
shall become the property of the state without cost.	8439

(a) Whenever any building, structure, or other improvement is	8440
to be so leased by a state agency, the department shall retain	8441
either basic plans, specifications, bills of materials, and	8442
estimates of cost with sufficient detail to afford bidders all	8443
needed information or, alternatively, all of the following plans,	8444
details, bills of materials, and specifications:	8445

(i) Full and accurate plans suitable for the use of mechanics	8446
and other builders in the improvement;	8447

(ii) Details to scale and full sized, so drawn and	8448
represented as to be easily understood;	8449

(iii) Accurate bills showing the exact quantity of different	8450
kinds of material necessary to the construction;	8451

(iv) Definite and complete specifications of the work to be	8452
performed, together with such directions as will enable a	8453
competent mechanic or other builder to carry them out and afford	8454
bidders all needed information;	8455

(v) A full and accurate estimate of each item of expense and	8456
of the aggregate cost thereof.	8457

(b) The department shall give public notice, in such	8458
newspaper, in such form, and with such phraseology as the director	8459
of administrative services prescribes, published once each week	8460
for four consecutive weeks, of the time when and place where bids	8461
will be received for entering into an agreement to lease to a	8462
state agency a building, structure, or other improvement. The last	8463
publication shall be at least eight days preceding the day for	8464
opening the bids. The bids shall contain the terms upon which the	8465
builder would propose to lease the building, structure, or other	8466
improvement to the state agency. The form of the bid approved by	8467
the department shall be used, and a bid is invalid and shall not	8468
be considered unless that form is used without change, alteration,	8469
or addition. Before submitting bids pursuant to this section, any	8470
builder shall comply with Chapter 153. of the Revised Code.	8471

(c) On the day and at the place named for receiving bids for	8472
entering into lease agreements with a state agency, the director	8473
of administrative services shall open the bids and shall publicly	8474
proceed immediately to tabulate the bids upon duplicate sheets. No	8475
lease agreement shall be entered into until the bureau of workers'	8476
compensation has certified that the person to be awarded the lease	8477
agreement has complied with Chapter 4123. of the Revised Code,	8478
until, if the builder submitting the lowest and best bid is a	8479
foreign corporation, the secretary of state has certified that the	8480
corporation is authorized to do business in this state, until, if	8481
the builder submitting the lowest and best bid is a person	8482
nonresident of this state, the person has filed with the secretary	8483
of state a power of attorney designating the secretary of state as	8484
its agent for the purpose of accepting service of summons in any	8485
action brought under Chapter 4123. of the Revised Code, and until	8486
the agreement is submitted to the attorney general and the	8487
attorney general's approval is certified thereon. Within thirty	8488
days after the day on which the bids are received, the department	8489
shall investigate the bids received and shall determine that the	8490
bureau and the secretary of state have made the certifications	8491
required by this section of the builder who has submitted the	8492
lowest and best bid. Within ten days of the completion of the	8493
investigation of the bids, the department shall award the lease	8494
agreement to the builder who has submitted the lowest and best bid	8495
and who has been certified by the bureau and secretary of state as	8496
required by this section. If bidding for the lease agreement has	8497
been conducted upon the basis of basic plans, specifications,	8498
bills of materials, and estimates of costs, upon the award to the	8499
builder the department, or the builder with the approval of the	8500
department, shall appoint an architect or engineer licensed in	8501
this state to prepare such further detailed plans, specifications,	8502
and bills of materials as are required to construct the building,	8503
structure, or improvement. The department shall adopt such rules	8504
as are necessary to give effect to this section. The department	8505
may reject any bid. Where there is reason to believe there is	8506
collusion or combination among bidders, the bids of those	8507
concerned therein shall be rejected.	8508

(11) To acquire by purchase, gift, devise, or grant and to	8509
transfer, lease, or otherwise dispose of all real property	8510
required to assist in the development of a conversion facility as	8511
defined in section 5709.30 of the Revised Code as that section	8512
existed before its repeal by Amended Substitute House Bill 95 of	8513
the 125th general assembly;	8514

(12) To lease for a period not to exceed forty years,	8515
notwithstanding any other division of this section, the	8516
state-owned property located at 408-450 East Town Street,	8517
Columbus, Ohio, formerly the state school for the deaf, to a	8518
developer in accordance with this section. "Developer," as used in	8519
this section, has the same meaning as in section 123.77 of the	8520
Revised Code.	8521

Such a lease shall be for the purpose of development of the	8522
land for use by senior citizens by constructing, altering,	8523
renovating, repairing, expanding, and improving the site as it	8524
existed on June 25, 1982. A developer desiring to lease the land	8525
shall prepare for submission to the department a plan for	8526
development. Plans shall include provisions for roads, sewers,	8527
water lines, waste disposal, water supply, and similar matters to	8528
meet the requirements of state and local laws. The plans shall	8529
also include provision for protection of the property by insurance	8530
or otherwise, and plans for financing the development, and shall	8531
set forth details of the developer's financial responsibility.	8532

The department may employ, as employees or consultants,	8533
persons needed to assist in reviewing the development plans. Those	8534
persons may include attorneys, financial experts, engineers, and	8535
other necessary experts. The department shall review the	8536
development plans and may enter into a lease if it finds all of	8537
the following:	8538

(a) The best interests of the state will be promoted by	8539
entering into a lease with the developer;	8540

(b) The development plans are satisfactory;

8541

(c) The developer has established the developer's financial	8542
responsibility and satisfactory plans for financing the	8543
development.	8544

The lease shall contain a provision that construction or	8545
renovation of the buildings, roads, structures, and other	8546
necessary facilities shall begin within one year after the date of	8547
the lease and shall proceed according to a schedule agreed to	8548
between the department and the developer or the lease will be	8549
terminated. The lease shall contain such conditions and	8550
stipulations as the director considers necessary to preserve the	8551
best interest of the state. Moneys received by the state pursuant	8552
to this lease shall be paid into the general revenue fund. The	8553
lease shall provide that at the end of the lease period the	8554
buildings, structures, and related improvements shall become the	8555
property of the state without cost.	8556

(13) To manage the use of space owned and controlled by the	8557
department, including space in property under the jurisdiction of	8558
the Ohio building authority, by doing all of the following:	8559

(a) Biennially implementing, by state agency location, a	8560
census of agency employees assigned space;	8561

(b) Periodically in the discretion of the director of	8562
administrative services:	8563

(i) Requiring each state agency to categorize the use of	8564
space allotted to the agency between office space, common areas,	8565
storage space, and other uses, and to report its findings to the	8566
department;	8567

(ii) Creating and updating a master space utilization plan	8568
for all space allotted to state agencies. The plan shall	8569
incorporate space utilization metrics.	8570

(iii) Conducting a cost-benefit analysis to determine the	8571
effectiveness of state-owned buildings;	8572

(iv) Assessing the alternatives associated with consolidating	8573
the commercial leases for buildings located in Columbus.	8574

(c) Commissioning a comprehensive space utilization and	8575
capacity study in order to determine the feasibility of	8576
consolidating existing commercially leased space used by state	8577
agencies into a new state-owned facility.	8578

(14) To adopt rules to ensure that energy efficiency and	8579
conservation is considered in the purchase of products and	8580
equipment, except motor vehicles, by any state agency, department,	8581
division, bureau, office, unit, board, commission, authority,	8582
quasi-governmental entity, or institution. The department may	8583
require minimum energy efficiency standards for purchased products	8584
and equipment based on federal testing and labeling if available	8585
or on standards developed by the department. When possible, the	8586
rules shall apply to the competitive selection of energy consuming	8587
systems, components, and equipment under Chapter 125. of the	8588
Revised Code.	8589

(15) To ensure energy efficient and energy conserving	8590
purchasing practices by doing all of the following:	8591

(a) Identifying available energy efficiency and conservation	8592
opportunities;	8593

(b) Providing for interchange of information among purchasing	8594
agencies;	8595

(c) Identifying laws, policies, rules, and procedures that	8596
should be modified;	8597

(d) Monitoring experience with and the cost-effectiveness of	8598
this state's purchase and use of motor vehicles and of major	8599
energy-consuming systems, components, equipment, and products	8600
having a significant impact on energy consumption by the	8601
government;	8602

(e) Providing technical assistance and training to state	8603
employees involved in the purchasing process;	8604

(f) Working with the ~~department of~~ development services	8605
agency to make recommendations regarding planning and	8606
implementation of purchasing policies and procedures that are	8607
supportive of energy efficiency and conservation.	8608

(16) To require all state agencies, departments, divisions,	8609
bureaus, offices, units, commissions, boards, authorities,	8610
quasi-governmental entities, institutions, and state institutions	8611
of higher education to implement procedures to ensure that all of	8612
the passenger automobiles they acquire in each fiscal year, except	8613
for those passenger automobiles acquired for use in law	8614
enforcement or emergency rescue work, achieve a fleet average fuel	8615
economy of not less than the fleet average fuel economy for that	8616
fiscal year as the department shall prescribe by rule. The	8617
department shall adopt the rule prior to the beginning of the	8618
fiscal year, in accordance with the average fuel economy standards	8619
established by federal law for passenger automobiles manufactured	8620
during the model year that begins during the fiscal year.	8621

Each state agency, department, division, bureau, office,	8622
unit, commission, board, authority, quasi-governmental entity,	8623
institution, and state institution of higher education shall	8624
determine its fleet average fuel economy by dividing the total	8625
number of passenger vehicles acquired during the fiscal year,	8626
except for those passenger vehicles acquired for use in law	8627
enforcement or emergency rescue work, by a sum of terms, each of	8628
which is a fraction created by dividing the number of passenger	8629
vehicles of a given make, model, and year, except for passenger	8630
vehicles acquired for use in law enforcement or emergency rescue	8631
work, acquired during the fiscal year by the fuel economy measured	8632
by the administrator of the United States environmental protection	8633
agency, for the given make, model, and year of vehicle, that	8634
constitutes an average fuel economy for combined city and highway	8635
driving.	8636

As used in division (A)(16) of this section, "acquired" means	8637
leased for a period of sixty continuous days or more, or	8638
purchased.	8639

(B) This section and section 125.02 of the Revised Code shall	8640
not interfere with any of the following:	8641

(1) The power of the adjutant general to purchase military	8642
supplies, or with the custody of the adjutant general of property	8643
leased, purchased, or constructed by the state and used for	8644
military purposes, or with the functions of the adjutant general	8645
as director of state armories;	8646

(2) The power of the director of transportation in acquiring	8647
rights-of-way for the state highway system, or the leasing of	8648
lands for division or resident district offices, or the leasing of	8649
lands or buildings required in the maintenance operations of the	8650
department of transportation, or the purchase of real property for	8651
garage sites or division or resident district offices, or in	8652
preparing plans and specifications for and constructing such	8653
buildings as the director may require in the administration of the	8654
department;	8655

(3) The power of the director of public safety and the	8656
registrar of motor vehicles to purchase or lease real property and	8657
buildings to be used solely as locations to which a deputy	8658
registrar is assigned pursuant to division (B) of section 4507.011	8659
of the Revised Code and from which the deputy registrar is to	8660
conduct the deputy registrar's business, the power of the director	8661
of public safety to purchase or lease real property and buildings	8662
to be used as locations for division or district offices as	8663
required in the maintenance of operations of the department of	8664
public safety, and the power of the superintendent of the state	8665
highway patrol in the purchase or leasing of real property and	8666
buildings needed by the patrol, to negotiate the sale of real	8667
property owned by the patrol, to rent or lease real property owned	8668
or leased by the patrol, and to make or cause to be made repairs	8669
to all property owned or under the control of the patrol;	8670

(4) The power of the division of liquor control in the	8671
leasing or purchasing of retail outlets and warehouse facilities	8672
for the use of the division;	8673

(5) The power of the director of development services to	8674
enter into leases of real property, buildings, and office space to	8675
be used solely as locations for the state's foreign offices to	8676
carry out the purposes of section 122.05 of the Revised Code;	8677

(6) The power of the director of environmental protection to	8678
enter into environmental covenants, to grant and accept easements,	8679
or to sell property pursuant to division (G) of section 3745.01 of	8680
the Revised Code.	8681

(C) Purchases for, and the custody and repair of, buildings	8682
under the management and control of the capitol square review and	8683
advisory board, the ~~rehabilitation services commission~~	8684
opportunities for Ohioans with disabilities agency, the bureau of	8685
workers' compensation, or the departments of public safety, job	8686
and family services, ~~mental health~~mental health and addiction	8687
services, developmental disabilities, and rehabilitation and	8688
correction; buildings of educational and benevolent institutions	8689
under the management and control of boards of trustees; and	8690
purchases or leases for, and the custody and repair of, office	8691
space used for the purposes of the joint legislative ethics	8692
committee are not subject to the control and jurisdiction of the	8693
department of administrative services.	8694

If the joint legislative ethics committee so requests, the	8695
committee and the director of administrative services may enter	8696
into a contract under which the department of administrative	8697
services agrees to perform any services requested by the committee	8698
that the department is authorized under this section to perform.	8699

(D) Any instrument by which real property is acquired	8700
pursuant to this section shall identify the agency of the state	8701
that has the use and benefit of the real property as specified in	8702
section 5301.012 of the Revised Code.	8703

Sec. 123.10. (A) As used in this section and section 123.11	8704
of the Revised Code, "public exigency" means an injury or	8705
obstruction that occurs in any public works of the state	8706
maintained by the director of administrative services and that	8707
materially impairs its immediate use or places in jeopardy	8708
property adjacent to it; an immediate danger of such an injury or	8709
obstruction; or an injury or obstruction, or an immediate danger	8710
of an injury or obstruction, that occurs in any public works of	8711
the state maintained by the director of administrative services	8712
and that materially impairs its immediate use or places in	8713
jeopardy property adjacent to it.	8714

(B) When a declaration of public exigency is issued pursuant	8715
to division (C) of this section, ~~the director of administrative~~	8716
~~services may request~~ the Ohio facilities construction commission	8717
toshall enter into contracts with proper persons for the	8718
performance of labor, the furnishing of materials, or the	8719
construction of any structures and buildings necessary to the	8720
maintenance, control, and management of the public works of the	8721
state or any part of those public works. Any contracts awarded for	8722
the work performed pursuant to the declaration of a public	8723
exigency may be awarded without competitive bidding or selection	8724
as set forth in Chapter 153. of the Revised Code.	8725

(C) The executive director of ~~administrative services~~the	8726
Ohio facilities construction commission may issue a declaration of	8727
a public exigency on the executive director's own initiative or	8728
upon the request of the director of any state agency. The	8729
executive director's declaration shall identify the specific	8730
injury, obstruction, or danger that is the subject of the	8731
declaration and shall set forth a dollar limitation for the	8732
repair, removal, or prevention of that exigency under the	8733
declaration.	8734

Before any project to repair, remove, or prevent a public	8735
exigency under the executive director's declaration may begin, the	8736
executive director shall send notice of the project, in writing,	8737
to the director of budget and management and to the members of the	8738
controlling board. That notice shall detail the project to be	8739
undertaken to address the public exigency and shall include a copy	8740
of the executive director's declaration that establishes the	8741
monetary limitations on that project.	8742

Sec. 123.11. When a public exigency, as defined in division	8743
(A) of section 123.10 of the Revised Code, exists, the executive	8744
director of ~~administrative services~~the Ohio facilities	8745
construction commission may take possession of lands and use them,	8746
or materials and other property necessary for the maintenance,	8747
protection, or repair of the public works, in accordance with	8748
sections 163.01 to 163.22 of the Revised Code.	8749

Sec. 123.19. There is hereby established in the state	8750
treasury the theater equipment maintenance fund. All appropriate	8751
theater-related revenues of the department of administrative	8752
services, as determined by the department, shall be credited to	8753
that fund and to any accounts created in that fund with the	8754
department's approval. All appropriate theater-related expenses of	8755
the department, as determined by the department, including	8756
reimbursement of, or payment to, any other fund or any	8757
governmental agency for advances made or services rendered to or	8758
on behalf of the department, shall be paid from that fund as	8759
determined by or pursuant to directions of the department. All	8760
investment earnings of that fund shall be credited to it and shall	8761
be allocated among any accounts created in the fund in the manner	8762
determined by the department.	8763

Sec. 123.201. (A) There is hereby created in the state	8764
treasury the Ohio facilities construction commission fund,	8765
consisting of transfers of moneys authorized by the general	8766
assembly and revenues received by the Ohio facilities construction	8767
commission under section 123.21 of the Revised Code. Investment	8768
earnings on moneys in the fund shall be credited to the fund.	8769
Moneys in the fund may be used by the commission, in performing	8770
its duties under this chapter, to pay personnel and other	8771
administrative expenses, to pay the cost of preparing building	8772
design specifications, to pay the cost of providing project	8773
management services, and for other purposes determined by the	8774
commission to be necessary to fulfill its duties under this	8775
chapter.	8776

(B)(1) There is hereby created in the state treasury the	8777
cultural and sports facilities building fund, consisting of	8778
proceeds of obligations authorized to pay costs of Ohio cultural	8779
facilities and Ohio sports facilities for which appropriations are	8780
made by the general assembly. All investment earnings of the fund	8781
shall be credited to the fund.	8782

(2) Upon the request of the executive director of the Ohio	8783
facilities construction commission and subject to applicable tax	8784
law limitations, the director of budget and management may	8785
transfer to the Ohio cultural facilities administration fund	8786
moneys credited to the cultural and sports facilities building	8787
fund to pay the costs of administering projects funded through the	8788
cultural and sports facilities building fund.	8789

(C) There is hereby created in the state treasury the Ohio	8790
cultural facilities administration fund, consisting of transfers	8791
of money authorized by the general assembly and revenues received	8792
by the commission under division (A)(9) of section 123.21 of the	8793
Revised Code. Moneys in the fund may be used by the Ohio	8794
facilities construction commission in administering projects	8795
funded through the cultural and sports facilities building fund	8796
pursuant to sections 123.28 and 123.281 of the Revised Code. All	8797
investment earnings of that fund shall be credited to it and shall	8798
be allocated among any accounts created in the fund in the manner	8799
determined by the commission.	8800

(D)(1) There is hereby created in the state treasury the	8801
capital donations fund, which shall be administered by the Ohio	8802
facilities construction commission. The fund consists of gifts,	8803
grants, devises, bequests, and other financial contributions made	8804
to the commission for the construction or improvement of cultural	8805
and sports facilities and shall be used in accordance with the	8806
specific purposes for which the gifts, grants, devises, bequests,	8807
or other financial contributions are made. All investment earnings	8808
of the fund shall be credited to the fund. Chapters 123., 125.,	8809
127., and 153. and section 3517.13 of the Revised Code do not	8810
apply to contract obligations paid from the fund, notwithstanding	8811
anything to the contrary in those chapters or that section.	8812

(2) Not later than one month following the end of each	8813
quarter of the fiscal year, the commission shall allocate the	8814
amounts credited to the fund from investment earnings during that	8815
preceding quarter of the fiscal year among the specific projects	8816
for which they are to be used and shall certify this information	8817
to the director of budget and management.	8818

(3) If the amounts credited to the fund for a particular	8819
project exceed what is required to complete that project, the	8820
commission may refund any of those excess amounts, including	8821
unexpended investment earnings attributable to those amounts, to	8822
the entity from which they were received.	8823

Sec. 123.21. (A) The Ohio facilities construction commission	8824
may perform any act and ensure the performance of any function	8825
necessary or appropriate to carry out the purposes of, and	8826
exercise the powers granted under this chapter or any other	8827
provision of the Revised Code, including any of the following:	8828

(1) Prepare, or contract to be prepared, by licensed	8829
engineers or architects, surveys, general and detailed plans,	8830
specifications, bills of materials, and estimates of cost for any	8831
projects, improvements, or public buildings to be constructed by	8832
state agencies that may be authorized by legislative	8833
appropriations or any other funds made available therefor,	8834
provided that the construction of the projects, improvements, or	8835
public buildings is a statutory duty of the commission. This	8836
section does not require the independent employment of an	8837
architect or engineer as provided by section 153.01 of the Revised	8838
Code in the cases to which section 153.01 of the Revised Code	8839
applies. This section does not affect or alter the existing powers	8840
of the director of transportation.	8841

(2) Have general supervision over the construction of any	8842
projects, improvements, or public buildings constructed for a	8843
state agency and over the inspection of materials prior to their	8844
incorporation into those projects, improvements, or buildings.	8845

(3) Make contracts for and supervise the design and	8846
construction of any projects and improvements or the construction	8847
and repair of buildings under the control of a state agency. All	8848
such contracts may be based in whole or in part on the unit price	8849
or maximum estimated cost, with payment computed and made upon	8850
actual quantities or units.	8851

(4) Adopt, amend, and rescind rules pertaining to the	8852
administration of the construction of the public works of the	8853
state as required by law, in accordance with Chapter 119. of the	8854
Revised Code.	8855

(5) Contract with, retain the services of, or designate, and	8856
fix the compensation of, such agents, accountants, consultants,	8857
advisers, and other independent contractors as may be necessary or	8858
desirable to carry out the programs authorized under this chapter,	8859
or authorize the executive director to perform such powers and	8860
duties.	8861

(6) Receive and accept any gifts, grants, donations, and	8862
pledges, and receipts therefrom, to be used for the programs	8863
authorized under this chapter.	8864

(7) Make and enter into all contracts, commitments, and	8865
agreements, and execute all instruments, necessary or incidental	8866
to the performance of its duties and the execution of its rights	8867
and powers under this chapter, or authorize the executive director	8868
to perform such powers and duties.	8869

(8) Debar a contractor as provided in section 153.02 of the	8870
Revised Code.	8871

(9) Enter into and administer cooperative agreements for	8872
cultural projects, as provided in sections 123.28 and 123.281 of	8873
the Revised Code.	8874

(B) The commission shall appoint and fix the compensation of	8875
an executive director who shall serve at the pleasure of the	8876
commission. The executive director shall exercise all powers that	8877
the commission possesses, supervise the operations of the	8878
commission, and perform such other duties as delegated by the	8879
commission. The executive director also shall employ and fix the	8880
compensation of such employees as will facilitate the activities	8881
and purposes of the commission, who shall serve at the pleasure of	8882
the executive director. The employees of the commission are exempt	8883
from Chapter 4117. of the Revised Code and are not considered	8884
public employees as defined in section 4117.01 of the Revised	8885
Code. Any agreement entered into prior to July 1, 2012, between	8886
the office of collective bargaining and the exclusive	8887
representative for employees of the commission is binding and	8888
shall continue to have effect.	8889

(C) The attorney general shall serve as the legal	8890
representative for the commission and may appoint other counsel as	8891
necessary for that purpose in accordance with section 109.07 of	8892
the Revised Code.	8893

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

8894

"Capital facilities project" means the construction,	8895
reconstruction, improvement, enlargement, alteration, or repair of	8896
a building by a public entity.	8897

"Public entity" includes a state agency and a state	8898
institution of higher education.	8899

"State institution of higher education" has the same meaning	8900
as in section 3345.011 of the Revised Code.	8901

(B) Commencing not later than July 1, 2012, and upon	8902
completion of a capital facilities project that is funded wholly	8903
or in part using state funds, each public entity shall submit a	8904
report about the project to the executive director of the Ohio	8905
facilities construction commission. The report shall be submitted	8906
in Ohio administrative knowledge system capital improvement format	8907
or in a manner determined by the executive director and not later	8908
than thirty days after the project is complete. The report shall	8909
provide the total original contract bid, total cost of change	8910
orders, total actual cost of the project, total costs incurred for	8911
mediation and litigation services, and any other data requested by	8912
the executive director. The first report submitted pursuant to	8913
this division shall include information about any capital	8914
facilities project completed on or after July 1, 2011. Any capital	8915
facilities project that is funded wholly or in part through	8916
appropriations made to the Ohio school facilities commission,or	8917
the Ohio public works commission, ~~or the Ohio cultural facilities~~	8918
~~commission,~~ or for which a joint use agreement has been entered	8919
into with any public entity, is exempt from the reporting	8920
requirement prescribed under this division.	8921

(C) Commencing not later than July 1, 2012, and annually	8922
thereafter, the attorney general shall report to the executive	8923
director of the Ohio facilities construction commission on any	8924
mediation and litigation costs associated with capital facilities	8925
projects for which a judgment has been rendered. The report shall	8926
be submitted in a manner prescribed by the executive director and	8927
shall contain any information requested by the executive director	8928
related to capital facilities project mediation and litigation	8929
costs.	8930

(D) As soon as practicable after such information is made	8931
available, the executive director of the Ohio facilities	8932
construction commission shall incorporate the information reported	8933
pursuant to divisions (B) and (C) of this section into the Ohio	8934
administrative knowledge system.	8935

~~Sec. 3383.01.~~ Sec. 123.28. As used in this ~~chapter~~section and in	8936
section 123.281 of the Revised Code:	8937

(A) "Culture" means any of the following:

8938

(1) Visual, musical, dramatic, graphic, design, and other	8939
arts, including, but not limited to, architecture, dance,	8940
literature, motion pictures, music, painting, photography,	8941
sculpture, and theater, and the provision of training or education	8942
in these arts;	8943

(2) The presentation or making available, in museums or other	8944
indoor or outdoor facilities, of principles of science and their	8945
development, use, or application in business, industry, or	8946
commerce or of the history, heritage, development, presentation,	8947
and uses of the arts described in division (A)(1) of this section	8948
and of transportation;	8949

(3) The preservation, presentation, or making available of	8950
features of archaeological, architectural, environmental, or	8951
historical interest or significance in a state historical facility	8952
or a local historical facility.	8953

(B) "Cultural organization" means either of the following:

8954

(1) A governmental agency or Ohio nonprofit corporation,	8955
including the Ohio historical society, that provides programs or	8956
activities in areas directly concerned with culture;	8957

(2) A regional arts and cultural district as defined in	8958
section 3381.01 of the Revised Code.	8959

(C) "Cultural project" means all or any portion of an Ohio	8960
cultural facility for which the general assembly has ~~specifically~~	8961
~~authorized the spending of money, or~~ made an appropriation,	8962
~~pursuant to division (D)(3) or (E) of section 3383.07 of the~~	8963
~~Revised Code~~or has specifically authorized the spending of money	8964
or the making of rental payments relating to the financing of	8965
construction.	8966

(D) "Cooperative contract" means a contract between the Ohio	8967
~~cultural~~ facilities construction commission and a cultural	8968
organization providing the terms and conditions of the cooperative	8969
use of an Ohio cultural facility.	8970

(E) "Costs of operation" means amounts required to manage an	8971
Ohio cultural facility that are incurred following the completion	8972
of construction of its cultural project, provided that both of the	8973
following apply:	8974

(1) Those amounts either:

8975

(a) Have been committed to a fund dedicated to that purpose;

8976

(b) Equal the principal of any endowment fund, the income	8977
from which is dedicated to that purpose.	8978

(2) The commission and the cultural organization have	8979
executed an agreement with respect to either of those funds.	8980

(F) ~~"General building services" means general building~~	8981
~~services for an Ohio cultural facility or an Ohio sports facility,~~	8982
~~including, but not limited to, general custodial care, security,~~	8983
~~maintenance, repair, painting, decoration, cleaning, utilities,~~	8984
~~fire safety, grounds and site maintenance and upkeep, and~~	8985
~~plumbing.~~	8986

~~(G)~~ "Governmental agency" means ~~a state agency, a~~	8987
~~state-supported or state-assisted institution of higher education,~~	8988
a municipal corporation, county, township, or school district, a	8989
port authority created under Chapter 4582. of the Revised Code,	8990
any other political subdivision or special district in this state	8991
established by or pursuant to law, or any combination of these	8992
entities; except where otherwise indicated, the United States or	8993
any department, division, or agency of the United States, or any	8994
agency, commission, or authority established pursuant to an	8995
interstate compact or agreement.	8996

~~(H)~~(G) "Local contributions" means the value of an asset	8997
provided by or on behalf of a cultural organization from sources	8998
other than the state, the value and nature of which shall be	8999
approved by the Ohio ~~cultural~~ facilities construction commission,	9000
in its sole discretion. "Local contributions" may include the	9001
value of the site where a cultural project is to be constructed.	9002
All "local contributions," except a contribution attributable to	9003
such a site, shall be for the costs of construction of a cultural	9004
project or the creation or expansion of an endowment for the costs	9005
of operation of a cultural facility.	9006

~~(I)~~(H) "Local historical facility" means a site or facility,	9007
other than a state historical facility, of archaeological,	9008
architectural, environmental, or historical interest or	9009
significance, or a facility, including a storage facility,	9010
appurtenant to the operations of such a site or facility, that is	9011
owned by a cultural organization~~, provided the facility meets the~~	9012
~~requirements of division (K)(2)(b) of this section, is managed by~~	9013
~~or pursuant to a contract with the Ohio cultural facilities~~	9014
~~commission,~~ and is used for or in connection with ~~the~~cultural	9015
activities ~~of the commission~~, including the presentation or making	9016
available of culture to the public.	9017

~~(J)~~(I) "Manage," "operate," or "management" means the	9018
provision of, or the exercise of control over the provision of,	9019
activities:	9020

(1) Relating to culture for an Ohio cultural facility,	9021
including as applicable, but not limited to, providing for	9022
displays, exhibitions, specimens, and models; booking of artists,	9023
performances, or presentations; scheduling; and hiring or	9024
contracting for directors, curators, technical and scientific	9025
staff, ushers, stage managers, and others directly related to the	9026
cultural activities in the facility; but not including general	9027
building services;	9028

(2) Relating to sports and athletic events for an Ohio sports	9029
facility, including as applicable, but not limited to, providing	9030
for booking of athletes, teams, and events; scheduling; and hiring	9031
or contracting for staff, ushers, managers, and others directly	9032
related to the sports and athletic events in the facility; but not	9033
including general building services.	9034

~~(K)~~(J) "Ohio cultural facility" means any of the following:

9035

(1) The theaters located in the state office tower at 77	9036
South High street in Columbus;	9037

(2) Any ~~capital~~cultural facility in this state ~~to which both~~	9038
~~of the following apply:~~	9039

~~(a) The construction of a cultural project related to the~~	9040
~~facility was authorized or funded by the general assembly pursuant~~	9041
~~to division (D)(3) of section 3383.07 of the Revised Code and~~	9042
~~proceeds of state bonds are used for costs of the cultural~~	9043
~~project.~~	9044

~~(b) The facility~~that is managed directly by, or is subject	9045
to a cooperative or management contract with, the Ohio ~~cultural~~	9046
facilities construction commission~~, and is used for or in~~	9047
~~connection with the activities of the commission, including the~~	9048
~~presentation or making available of culture to the public and the~~	9049
~~provision of training or education in culture~~.	9050

(3) A state historical facility or a local historical	9051
facility.	9052

~~(L) "State agency" means the state or any of its branches,~~	9053
~~officers, boards, commissions, authorities, departments,~~	9054
~~divisions, or other units or agencies.~~	9055

~~(M)~~(K) "Construction" includes acquisition, including	9056
acquisition by lease-purchase, demolition, reconstruction,	9057
alteration, renovation, remodeling, enlargement, improvement, site	9058
improvements, and related equipping and furnishing.	9059

~~(N)~~(L) "State historical facility" means a site or facility	9060
that has all of the following characteristics:	9061

(1) It is created, supervised, operated, protected,	9062
maintained, and promoted by the Ohio historical society pursuant	9063
to the society's performance of public functions under sections	9064
149.30 and 149.302 of the Revised Code.	9065

(2) Its title must reside wholly or in part with the state,	9066
the society, or both the state and the society.	9067

(3) It is managed directly by or is subject to a cooperative	9068
or management contract with the Ohio ~~cultural~~ facilities	9069
construction commission and is used for or in connection with ~~the~~	9070
cultural activities ~~of the commission~~, including the presentation	9071
or making available of culture to the public.	9072

~~(O)~~(M) "Ohio sports facility" means all or a portion of a	9073
stadium, arena, tennis facility, motorsports complex, or other	9074
capital facility in this state. A primary purpose of the facility	9075
shall be to provide a site or venue for the presentation to the	9076
public of motorsports events, professional tennis tournaments, or	9077
events of one or more major or minor league professional athletic	9078
or sports teams that are associated with the state or with a city	9079
or region of the state. The facility shall be, in the case of a	9080
motorsports complex, owned by the state or governmental agency, or	9081
in all other instances, owned by or located on real property owned	9082
by the state or a governmental agency, and includes all parking	9083
facilities, walkways, and other auxiliary facilities, equipment,	9084
furnishings, and real and personal property and interests and	9085
rights therein, that may be appropriate for or used for or in	9086
connection with the facility or its operation, for capital costs	9087
of which state funds are spent pursuant to ~~this chapter~~this	9088
section and section 123.281 of the Revised Code. A facility	9089
constructed as an Ohio sports facility may be both an Ohio	9090
cultural facility and an Ohio sports facility.	9091

~~(P)~~(N) "Motorsports" means sporting events in which motor	9092
vehicles are driven on a clearly demarcated tracked surface.	9093

~~Sec. 3383.07.~~ Sec. 123.281. (A) The Ohio facilities construction	9094
commission shall provide for the construction of a cultural	9095
project in conformity with Chapter 153. of the Revised Code,	9096
except ~~as follows:~~	9097

~~(1) For a cultural project other than a state historical~~	9098
~~facility, construction services may be provided on behalf of the~~	9099
~~state by the Ohio cultural facilities commission, or by~~for	9100
construction services provided on behalf of the state by a	9101
governmental agency or a cultural organization in accordance with	9102
divisions (B) and (C) of this section.	9103

(B) In order for a governmental agency or a cultural	9104
organization ~~that occupies, will occupy, or is responsible for the~~	9105
~~Ohio cultural facility, as determined by the Ohio cultural~~	9106
~~facilities commission. For a project receiving a state~~	9107
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	9108
~~facilities commission may delegate to its executive director the~~	9109
~~authority to approve the provision of construction services by~~	9110
~~such an agency or organization, but not the authority to~~	9111
~~disapprove that provision. Construction services to be provided by~~	9112
~~a governmental agency or a cultural organization shall be~~	9113
~~specified in an agreement between the Ohio cultural facilities~~	9114
~~commission and the governmental agency or cultural organization.~~	9115
~~The agreement, or any actions taken under it, are not subject to~~	9116
~~Chapter 123. or 153. of the Revised Code, except for sections~~	9117
~~123.081 and 153.011 of the Revised Code, and shall be subject to~~	9118
~~Chapter 4115. of the Revised Code.~~	9119

~~(2) For a cultural project that is~~to provide construction	9120
services on behalf of the state for a cultural project, other than	9121
a state historical facility, for which the general assembly has	9122
made an appropriation or specifically authorized the spending of	9123
money or the making of rental payments relating to the financing	9124
of the construction, the governmental agency or cultural	9125
organization shall submit to the Ohio facilities construction	9126
commission a cooperative agreement that includes, but is not	9127
limited to, provisions that:	9128

(1) Specify how the proposed project will support culture, as	9129
defined in section 123.28 of the Revised Code;	9130

(2) Specify that the governmental agency or cultural	9131
organization has local contributions amounting to not less than	9132
fifty per cent of the total state funding for the cultural	9133
project;	9134

(3) Specify that the funds shall be used only for	9135
construction, as defined in section 123.28 of the Revised Code;	9136

(4) Identify the facility to be constructed, renovated,	9137
remodeled, or improved;	9138

(5) Specify that the project scope meets the intent and	9139
purpose of the project appropriation and that the project can be	9140
completed and ready for full occupancy without exceeding	9141
appropriated funds;	9142

(6) Specify that the governmental agency or cultural	9143
organization shall hold the Ohio facilities construction	9144
commission harmless from all liability for the operation and	9145
maintenance costs of the facility;	9146

(7) Specify that the agreement or any actions taken under it	9147
are not subject to Chapters 123. or 153. of the Revised Code,	9148
except for section 153.011 of the Revised Code, and are subject to	9149
Chapter 4115. of the Revised Code; and	9150

(8) Provide that amendments to the agreement shall require	9151
the approval of the Ohio facilities construction commission.	9152

(C) In order for a cultural organization to provide	9153
construction services on behalf of the state for a state	9154
historical facility~~, construction services may be provided by the~~	9155
~~Ohio cultural facilities commission or by a cultural organization~~	9156
~~that occupies, will occupy, or is responsible for the facility, as~~	9157
~~determined by the Ohio cultural facilities commission. For a~~	9158
~~facility receiving a state appropriation of fifty thousand dollars~~	9159
~~or less, the Ohio cultural facilities commission may delegate to~~	9160
~~its executive director the authority to approve the provision of~~	9161
~~construction services by such an organization, but not the~~	9162
~~authority to disapprove that provision. The construction services~~	9163
~~to be provided by the cultural organization shall be specified in~~	9164
~~an agreement between the Ohio cultural facilities commission and~~	9165
~~the cultural organization. That agreement, and any actions taken~~	9166
~~under it, are not subject to Chapter 123., 153., or 4115. of the~~	9167
~~Revised Code.~~	9168

~~(B) For an Ohio sports facility that is financed in part by~~	9169
~~obligations issued pursuant to Chapter 154. of the Revised Code,~~	9170
~~construction services shall be provided on behalf of the state by~~	9171
~~or at the direction of the governmental agency or nonprofit~~	9172
~~corporation that will own or be responsible for the management of~~	9173
~~the facility, all as determined by the Ohio cultural facilities~~	9174
~~commission. For a facility receiving a state appropriation of~~	9175
~~fifty thousand dollars or less, the Ohio cultural facilities~~	9176
~~commission may delegate to its executive director the authority to~~	9177
~~approve the provision of construction services by or at the~~	9178
~~direction of the agency or corporation, but not the authority to~~	9179
~~disapprove that provision. Any construction services to be~~	9180
~~provided by a governmental agency or nonprofit corporation shall~~	9181
~~be specified in an agreement between the Ohio cultural facilities~~	9182
~~commission and the governmental agency or nonprofit corporation.~~	9183
~~That agreement, and any actions taken under it, are not subject to~~	9184
~~Chapter 123. or 153. of the Revised Code, except for sections~~	9185
~~123.081 and 153.011 of the Revised Code, and shall be subject to~~	9186
~~Chapter 4115. of the Revised Code.~~	9187

~~(C) General building services for an Ohio cultural facility~~	9188
~~shall be provided by the Ohio cultural facilities commission or by~~	9189
~~a cultural organization that occupies, will occupy, or is~~	9190
~~responsible for the facility, as determined by the Ohio cultural~~	9191
~~facilities commission. For a facility receiving a state~~	9192
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	9193
~~facilities commission may delegate to its executive director the~~	9194
~~authority to approve the provision of general building services by~~	9195
~~such an organization, but not the authority to disapprove that~~	9196
~~provision. Alternatively, the Ohio building authority may elect to~~	9197
~~provide those services for Ohio cultural facilities financed with~~	9198
~~proceeds of state bonds issued by the authority. The costs of~~	9199
~~management and general building services shall be paid by the~~	9200
~~cultural organization that occupies, will occupy, or is~~	9201
~~responsible for the facility as provided in an agreement between~~	9202
~~the Ohio cultural facilities commission and the cultural~~	9203
~~organization, except that the state may pay for general building~~	9204
~~services for state-owned cultural facilities constructed on~~	9205
~~state-owned land.~~	9206

~~General building services for an Ohio sports facility shall~~	9207
~~be provided by or at the direction of the governmental agency or~~	9208
~~nonprofit corporation that will be responsible for the management~~	9209
~~of the facility, all as determined by the Ohio cultural facilities~~	9210
~~commission. For a facility receiving a state appropriation of~~	9211
~~fifty thousand dollars or less, the Ohio cultural facilities~~	9212
~~commission may delegate to its executive director the authority to~~	9213
~~approve the provision of general building services by or at the~~	9214
~~direction of the agency or corporation, but not the authority to~~	9215
~~disapprove that provision. Any general building services to be~~	9216
~~provided by a governmental agency or nonprofit corporation for an~~	9217
~~Ohio sports facility shall be specified in an agreement between~~	9218
~~the Ohio cultural facilities commission and the governmental~~	9219
~~agency or nonprofit corporation. That agreement, and any actions~~	9220
~~taken under it, are not subject to Chapter 123. or 153. of the~~	9221
~~Revised Code, except for sections 123.081 and 153.011 of the~~	9222
~~Revised Code, and shall be subject to Chapter 4115. of the Revised~~	9223
~~Code.~~	9224

~~(D) This division does not apply to a state historical~~	9225
~~facility. No state funds, including any state bond proceeds, shall~~	9226
~~be spent on the construction of any cultural project under this~~	9227
~~chapter unless, with respect to the cultural project and to the~~	9228
~~Ohio cultural facility related to the project, all of the~~	9229
~~following apply:~~	9230

~~(1) The Ohio cultural facilities commission has determined~~	9231
~~that there is a need for the cultural project and the Ohio~~	9232
~~cultural facility related to the project in the region of the~~	9233
~~state in which the Ohio cultural facility is located or for which~~	9234
~~the facility is proposed. For a project receiving a state~~	9235
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	9236
~~facilities commission may delegate to its executive director the~~	9237
~~authority to determine need but only in the affirmative.~~	9238

~~(2) The Ohio cultural facilities commission has determined~~	9239
~~that, as an indication of substantial regional support for the~~	9240
~~cultural project, the cultural organization has made provision~~	9241
~~satisfactory to the Ohio cultural facilities commission, in its~~	9242
~~sole discretion, for local contributions amounting to not less~~	9243
~~than fifty per cent of the total state funding for the cultural~~	9244
~~project. For a project receiving a state appropriation of fifty~~	9245
~~thousand dollars or less, the Ohio cultural facilities commission~~	9246
~~may delegate to its executive director the authority to determine~~	9247
~~the adequacy of the regional support but only in the affirmative.~~	9248

~~(3) The general assembly has specifically authorized the~~	9249
~~spending of money on, or made an appropriation for, the~~	9250
~~construction of the cultural project, or for rental payments~~	9251
~~relating to the financing of the construction of the cultural~~	9252
~~project. Authorization to spend money, or an appropriation, for~~	9253
~~planning the cultural project does not constitute authorization to~~	9254
~~spend money on, or an appropriation for, construction of the~~	9255
~~cultural project.~~	9256

~~(E) No state funds, including any state bond proceeds, shall~~	9257
~~be spent on the construction of any state historical facility~~	9258
~~under this chapter unless the general assembly has specifically~~	9259
~~authorized the spending of money on, or made an appropriation for,~~	9260
~~the construction of the state historical project related to the~~	9261
~~facility, or for rental payments relating to the financing of the~~	9262
~~construction of the state historical project. Authorization to~~	9263
~~spend money, or an appropriation, for planning the state~~	9264
~~historical project does not constitute authorization to spend~~	9265
~~money on, or an appropriation for, the construction of the state~~	9266
~~historical project.~~	9267

~~(F)~~for which the general assembly has made an appropriation	9268
or specifically authorized the spending of money or the making of	9269
rental payments relating to the financing of the construction, the	9270
cultural organization shall submit to the Ohio facilities	9271
construction commission a cooperative agreement that includes, but	9272
is not limited to, provisions that:	9273

(1) Specify how the proposed project will support culture, as	9274
defined in section 123.28 of the Revised Code;	9275

(2) Specify that the funds shall be used only for	9276
construction, as defined in section 123.28 of the Revised Code;	9277

(3) Identify the facility to be constructed, renovated,	9278
remodeled, or improved;	9279

(4) Specify that the project scope meets the intent and	9280
purpose of the project appropriation and that the project can be	9281
completed and ready for full occupancy without exceeding	9282
appropriated funds;	9283

(5) Specify that the cultural organization shall hold the	9284
Ohio facilities construction commission harmless from all	9285
liability for the operation and maintenance costs of the facility;	9286

(6) Specify that the agreement or any actions taken under it	9287
are not subject to Chapters 123., 153., or 4115. of the Revised	9288
Code; and	9289

(7) Provide that amendments to the agreement shall require	9290
the approval of the Ohio facilities construction commission.	9291

(D) State funds shall not be used to pay or reimburse more	9292
than fifteen per cent of the initial estimated construction cost	9293
of an Ohio sports facility, excluding any site acquisition cost,	9294
and no state funds, including any state bond proceeds, shall be	9295
spent on any Ohio sports facility under this chapter unless, with	9296
respect to that facility, all of the following apply:	9297

(1) The Ohio ~~cultural~~ facilities construction commission has	9298
~~determined that there is a need for the facility in the region of~~	9299
~~the state for which the facility is proposed to provide the~~	9300
~~function of an Ohio sports facility as provided for in this~~	9301
~~chapter. For a facility receiving a state appropriation of fifty~~	9302
~~thousand dollars or less, the Ohio cultural facilities commission~~	9303
~~may delegate to its executive director the authority to determine~~	9304
~~need but only in the affirmative.~~	9305

~~(2) As an indication of substantial local support for the~~	9306
~~facility, the Ohio cultural facilities commission has~~ received a	9307
financial and development plan satisfactory to it, and provision	9308
has been made, by agreement or otherwise, satisfactory to the ~~Ohio~~	9309
~~cultural facilities~~ commission, for a contribution amounting to	9310
not less than eighty-five per cent of the total estimated	9311
construction cost of the facility, excluding any site acquisition	9312
cost, from sources other than the state. ~~For a facility receiving~~	9313
~~a state appropriation of fifty thousand dollars or less, the Ohio~~	9314
~~cultural facilities commission may delegate to its executive~~	9315
~~director the authority to evaluate the financial and development~~	9316
~~plan and the contribution and to determine their adequacy but only~~	9317
~~in the affirmative.~~	9318

~~(3)~~(2) The general assembly has specifically authorized the	9319
spending of money on, or made an appropriation for, the	9320
construction of the facility, or for rental payments relating to	9321
state financing of all or a portion of the costs of constructing	9322
the facility. Authorization to spend money, or an appropriation,	9323
for planning or determining the feasibility of or need for the	9324
facility does not constitute authorization to spend money on, or	9325
an appropriation for, costs of constructing the facility.	9326

~~(4)~~(3) If state bond proceeds are being used for the Ohio	9327
sports facility, the state or a governmental agency owns or has	9328
sufficient property interests in the facility or in the site of	9329
the facility or in the portion or portions of the facility	9330
financed from proceeds of state bonds, which may include, but is	9331
not limited to, the right to use or to require the use of the	9332
facility for the presentation of sport and athletic events to the	9333
public at the facility.	9334

~~(G)~~(E) In addition to the requirements of division ~~(F)~~(D) of	9335
this section, no state funds, including any state bond proceeds,	9336
shall be spent on any Ohio sports facility that is a motorsports	9337
complex, unless, with respect to that facility, both of the	9338
following apply:	9339

(1) Motorsports events shall be presented at the facility	9340
pursuant to a lease entered into with the owner of the facility.	9341
The term of the lease shall be for a period of not less than the	9342
greater of the useful life of the portion of the facility financed	9343
from proceeds of state bonds as determined using the guidelines	9344
for maximum maturities as provided under divisions (B) and (C) of	9345
section 133.20 of the Revised Code, or the period of time	9346
remaining to the date of payment or provision for payment of	9347
outstanding state bonds allocable to costs of the facility, all as	9348
determined by the director of budget and management and certified	9349
by the executive director toof the Ohio ~~cultural~~ facilities	9350
construction commission and to the treasurer of state.	9351

(2) Any motorsports organization that commits to using the	9352
facility for an established period of time shall give the	9353
political subdivision in which the facility is located not less	9354
than six months' advance notice if the organization intends to	9355
cease utilizing the facility prior to the expiration of that	9356
established period. Such a motorsports organization shall be	9357
liable to the state for any state funds used on the construction	9358
costs of the facility.	9359

~~(H)~~(F) In addition to the requirements of division ~~(F)~~(D) of	9360
this section, no state bond proceeds shall be spent on any Ohio	9361
sports facility that is a tennis facility, unless the owner or	9362
manager of the facility provides contractual commitments from a	9363
national or international professional tennis organization in a	9364
form acceptable to the ~~cultural~~Ohio facilities construction	9365
commission that assures that one or more sanctioned professional	9366
tennis events will be presented at the facility during each year	9367
that the bonds remain outstanding.	9368

Sec. 124.11. The civil service of the state and the several	9369
counties, cities, civil service townships, city health districts,	9370
general health districts, and city school districts of the state	9371
shall be divided into the unclassified service and the classified	9372
service.	9373

(A) The unclassified service shall comprise the following	9374
positions, which shall not be included in the classified service,	9375
and which shall be exempt from all examinations required by this	9376
chapter:	9377

(1) All officers elected by popular vote or persons appointed	9378
to fill vacancies in those offices;	9379

(2) All election officers as defined in section 3501.01 of	9380
the Revised Code;	9381

(3)(a) The members of all boards and commissions, and heads	9382
of principal departments, boards, and commissions appointed by the	9383
governor or by and with the governor's consent;	9384

(b) The heads of all departments appointed by a board of	9385
county commissioners;	9386

(c) The members of all boards and commissions and all heads	9387
of departments appointed by the mayor, or, if there is no mayor,	9388
such other similar chief appointing authority of any city or city	9389
school district;	9390

Except as otherwise provided in division (A)(17) or (C) of	9391
this section, this chapter does not exempt the chiefs of police	9392
departments and chiefs of fire departments of cities or civil	9393
service townships from the competitive classified service.	9394

(4) The members of county or district licensing boards or	9395
commissions and boards of revision, and not more than five deputy	9396
county auditors;	9397

(5) All officers and employees elected or appointed by either	9398
or both branches of the general assembly, and employees of the	9399
city legislative authority engaged in legislative duties;	9400

(6) All commissioned, warrant, and noncommissioned officers	9401
and enlisted persons in the Ohio organized militia, including	9402
military appointees in the adjutant general's department;	9403

(7)(a) All presidents, business managers, administrative	9404
officers, superintendents, assistant superintendents, principals,	9405
deans, assistant deans, instructors, teachers, and such employees	9406
as are engaged in educational or research duties connected with	9407
the public school system, colleges, and universities, as	9408
determined by the governing body of the public school system,	9409
colleges, and universities;	9410

(b) The library staff of any library in the state supported	9411
wholly or in part at public expense.	9412

(8) Four clerical and administrative support employees for	9413
each of the elective state officers, four clerical and	9414
administrative support employees for each board of county	9415
commissioners and one such employee for each county commissioner,	9416
and four clerical and administrative support employees for other	9417
elective officers and each of the principal appointive executive	9418
officers, boards, or commissions, except for civil service	9419
commissions, that are authorized to appoint such clerical and	9420
administrative support employees;	9421

(9) The deputies and assistants of state agencies authorized	9422
to act for and on behalf of the agency, or holding a fiduciary or	9423
administrative relation to that agency and those persons employed	9424
by and directly responsible to elected county officials or a	9425
county administrator and holding a fiduciary or administrative	9426
relationship to such elected county officials or county	9427
administrator, and the employees of such county officials whose	9428
fitness would be impracticable to determine by competitive	9429
examination, provided that division (A)(9) of this section shall	9430
not affect those persons in county employment in the classified	9431
service as of September 19, 1961. Nothing in division (A)(9) of	9432
this section applies to any position in a county department of job	9433
and family services created pursuant to Chapter 329. of the	9434
Revised Code.	9435

(10) Bailiffs, constables, official stenographers, and	9436
commissioners of courts of record, deputies of clerks of the	9437
courts of common pleas who supervise or who handle public moneys	9438
or secured documents, and such officers and employees of courts of	9439
record and such deputies of clerks of the courts of common pleas	9440
as the appointing authority finds it impracticable to determine	9441
their fitness by competitive examination;	9442

(11) Assistants to the attorney general, special counsel	9443
appointed or employed by the attorney general, assistants to	9444
county prosecuting attorneys, and assistants to city directors of	9445
law;	9446

(12) Such teachers and employees in the agricultural	9447
experiment stations; such students in normal schools, colleges,	9448
and universities of the state who are employed by the state or a	9449
political subdivision of the state in student or intern	9450
classifications; and such unskilled labor positions as the	9451
director of administrative services, with respect to positions in	9452
the service of the state, or any municipal civil service	9453
commission may find it impracticable to include in the competitive	9454
classified service; provided such exemptions shall be by order of	9455
the commission or the director, duly entered on the record of the	9456
commission or the director with the reasons for each such	9457
exemption;	9458

(13) Any physician or dentist who is a full-time employee of	9459
the department of ~~mental health~~mental health and addiction	9460
services, the department of developmental disabilities, or an	9461
institution under the jurisdiction of either department; and	9462
physicians who are in residency programs at the institutions;	9463

(14) Up to twenty positions at each institution under the	9464
jurisdiction of the department of ~~mental health~~mental health and	9465
addiction services or the department of developmental disabilities	9466
that the department director determines to be primarily	9467
administrative or managerial; and up to fifteen positions in any	9468
division of either department, excluding administrative assistants	9469
to the director and division chiefs, which are within the	9470
immediate staff of a division chief and which the director	9471
determines to be primarily and distinctively administrative and	9472
managerial;	9473

(15) Noncitizens of the United States employed by the state,	9474
or its counties or cities, as physicians or nurses who are duly	9475
licensed to practice their respective professions under the laws	9476
of this state, or medical assistants, in mental or chronic disease	9477
hospitals, or institutions;	9478

(16) Employees of the governor's office;

9479

(17) Fire chiefs and chiefs of police in civil service	9480
townships appointed by boards of township trustees under section	9481
505.38 or 505.49 of the Revised Code;	9482

(18) Executive directors, deputy directors, and program	9483
directors employed by boards of alcohol, drug addiction, and	9484
mental health services under Chapter 340. of the Revised Code, and	9485
secretaries of the executive directors, deputy directors, and	9486
program directors;	9487

(19) Superintendents, and management employees as defined in	9488
section 5126.20 of the Revised Code, of county boards of	9489
developmental disabilities;	9490

(20) Physicians, nurses, and other employees of a county	9491
hospital who are appointed pursuant to sections 339.03 and 339.06	9492
of the Revised Code;	9493

(21) The executive director of the state medical board, who	9494
is appointed pursuant to division (B) of section 4731.05 of the	9495
Revised Code;	9496

(22) County directors of job and family services as provided	9497
in section 329.02 of the Revised Code and administrators appointed	9498
under section 329.021 of the Revised Code;	9499

(23) A director of economic development who is hired pursuant	9500
to division (A) of section 307.07 of the Revised Code;	9501

(24) Chiefs of construction and compliance, of operations and	9502
maintenance, of worker protection, and of licensing and	9503
certification in the division of industrial compliance in the	9504
department of commerce;	9505

(25) The executive director of a county transit system	9506
appointed under division (A) of section 306.04 of the Revised	9507
Code;	9508

(26) Up to five positions at each of the administrative	9509
departments listed in section 121.02 of the Revised Code and at	9510
the department of taxation, department of the adjutant general,	9511
department of education, Ohio board of regents, bureau of workers'	9512
compensation, industrial commission, state lottery commission,	9513
opportunities for Ohioans with disabilities agency, and public	9514
utilities commission of Ohio that the head of that administrative	9515
department or of that other state agency determines to be involved	9516
in policy development and implementation. The head of the	9517
administrative department or other state agency shall set the	9518
compensation for employees in these positions at a rate that is	9519
not less than the minimum compensation specified in pay range 41	9520
but not more than the maximum compensation specified in pay range	9521
4447 of salary schedule E-2 in section 124.152 of the Revised	9522
Code. The authority to establish positions in the unclassified	9523
service under division (A)(26) of this section is in addition to	9524
and does not limit any other authority that an administrative	9525
department or state agency has under the Revised Code to establish	9526
positions, appoint employees, or set compensation.	9527

(27) Employees of the department of agriculture employed	9528
under section 901.09 of the Revised Code;	9529

(28) For cities, counties, civil service townships, city	9530
health districts, general health districts, and city school	9531
districts, the deputies and assistants of elective or principal	9532
executive officers authorized to act for and in the place of their	9533
principals or holding a fiduciary relation to their principals;	9534

(29) Employees who receive intermittent or temporary	9535
appointments under division (B) of section 124.30 of the Revised	9536
Code;	9537

(30) Employees appointed to administrative staff positions	9538
for which an appointing authority is given specific statutory	9539
authority to set compensation;	9540

(31) Employees appointed to highway patrol cadet or highway	9541
patrol cadet candidate classifications;	9542

(32) Employees placed in the unclassified service by another	9543
section of the Revised Code.	9544

(B) The classified service shall comprise all persons in the	9545
employ of the state and the several counties, cities, city health	9546
districts, general health districts, and city school districts of	9547
the state, not specifically included in the unclassified service.	9548
Upon the creation by the board of trustees of a civil service	9549
township civil service commission, the classified service shall	9550
also comprise, except as otherwise provided in division (A)(17) or	9551
(C) of this section, all persons in the employ of a civil service	9552
township police or fire department having ten or more full-time	9553
paid employees. The classified service consists of two classes,	9554
which shall be designated as the competitive class and the	9555
unskilled labor class.	9556

(1) The competitive class shall include all positions and	9557
employments in the state and the counties, cities, city health	9558
districts, general health districts, and city school districts of	9559
the state, and, upon the creation by the board of trustees of a	9560
civil service township of a township civil service commission, all	9561
positions in a civil service township police or fire department	9562
having ten or more full-time paid employees, for which it is	9563
practicable to determine the merit and fitness of applicants by	9564
competitive examinations. Appointments shall be made to, or	9565
employment shall be given in, all positions in the competitive	9566
class that are not filled by promotion, reinstatement, transfer,	9567
or reduction, as provided in this chapter, and the rules of the	9568
director of administrative services, by appointment from those	9569
certified to the appointing officer in accordance with this	9570
chapter.	9571

(2) The unskilled labor class shall include ordinary	9572
unskilled laborers. Vacancies in the labor class for positions in	9573
service of the state shall be filled by appointment from lists of	9574
applicants registered by the director or the director's designee.	9575
Vacancies in the labor class for all other positions shall be	9576
filled by appointment from lists of applicants registered by a	9577
commission. The director or the commission, as applicable, by	9578
rule, shall require an applicant for registration in the labor	9579
class to furnish evidence or take tests as the director or	9580
commission considers proper with respect to age, residence,	9581
physical condition, ability to labor, honesty, sobriety, industry,	9582
capacity, and experience in the work or employment for which	9583
application is made. Laborers who fulfill the requirements shall	9584
be placed on the eligible list for the kind of labor or employment	9585
sought, and preference shall be given in employment in accordance	9586
with the rating received from that evidence or in those tests.	9587
Upon the request of an appointing officer, stating the kind of	9588
labor needed, the pay and probable length of employment, and the	9589
number to be employed, the director or commission, as applicable,	9590
shall certify from the highest on the list double the number to be	9591
employed; from this number, the appointing officer shall appoint	9592
the number actually needed for the particular work. If more than	9593
one applicant receives the same rating, priority in time of	9594
application shall determine the order in which their names shall	9595
be certified for appointment.	9596

(C) A municipal or civil service township civil service	9597
commission may place volunteer firefighters who are paid on a	9598
fee-for-service basis in either the classified or the unclassified	9599
civil service.	9600

(D)(1) This division does not apply to persons in the	9601
unclassified service who have the right to resume positions in the	9602
classified service under sections 4121.121, ~~5119.071~~5119.18,	9603
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the	9604
Revised Code or to cities, counties, or political subdivisions of	9605
the state.	9606

(2) A person who holds a position in the classified service	9607
of the state and who is appointed to a position in the	9608
unclassified service shall retain the right to resume the position	9609
and status held by the person in the classified service	9610
immediately prior to the person's appointment to the position in	9611
the unclassified service, regardless of the number of positions	9612
the person held in the unclassified service. An employee's right	9613
to resume a position in the classified service may only be	9614
exercised when an appointing authority demotes the employee to a	9615
pay range lower than the employee's current pay range or revokes	9616
the employee's appointment to the unclassified service and:	9617

(a) That person held a certified position prior to July 1,	9618
2007, in the classified service within the appointing authority's	9619
agency; or	9620

(b) That person held a permanent position on or after July 1,	9621
2007, in the classified service within the appointing authority's	9622
agency.	9623

(3) An employee forfeits the right to resume a position in	9624
the classified service when:	9625

(a) The employee is removed from the position in the	9626
unclassified service due to incompetence, inefficiency,	9627
dishonesty, drunkenness, immoral conduct, insubordination,	9628
discourteous treatment of the public, neglect of duty, violation	9629
of this chapter or the rules of the director of administrative	9630
services, any other failure of good behavior, any other acts of	9631
misfeasance, malfeasance, or nonfeasance in office, or conviction	9632
of a felony; or	9633

(b) Upon transfer to a different agency.

9634

(4) Reinstatement to a position in the classified service	9635
shall be to a position substantially equal to that position in the	9636
classified service held previously, as certified by the director	9637
of administrative services. If the position the person previously	9638
held in the classified service has been placed in the unclassified	9639
service or is otherwise unavailable, the person shall be appointed	9640
to a position in the classified service within the appointing	9641
authority's agency that the director of administrative services	9642
certifies is comparable in compensation to the position the person	9643
previously held in the classified service. Service in the position	9644
in the unclassified service shall be counted as service in the	9645
position in the classified service held by the person immediately	9646
prior to the person's appointment to the position in the	9647
unclassified service. When a person is reinstated to a position in	9648
the classified service as provided in this division, the person is	9649
entitled to all rights, status, and benefits accruing to the	9650
position in the classified service during the person's time of	9651
service in the position in the unclassified service.	9652

Sec. 124.14. (A)(1) The director of administrative services	9653
shall establish, and may modify or rescind, by rule, a job	9654
classification plan for all positions, offices, and employments	9655
~~the salaries of which are paid in whole or in part by~~in the	9656
service of the state. The director shall group jobs within a	9657
classification so that the positions are similar enough in duties	9658
and responsibilities to be described by the same title, to have	9659
the same pay assigned with equity, and to have the same	9660
qualifications for selection applied. The director shall, by rule,	9661
assign a classification title to each classification within the	9662
classification plan. However, the director shall consider in	9663
establishing classifications, including classifications with	9664
parenthetical titles, and assigning pay ranges such factors as	9665
duties performed only on one shift, special skills in short supply	9666
in the labor market, recruitment problems, separation rates,	9667
comparative salary rates, the amount of training required, and	9668
other conditions affecting employment. The director shall describe	9669
the duties and responsibilities of the class, establish the	9670
qualifications for being employed in each position in the class,	9671
and file with the secretary of state a copy of specifications for	9672
all of the classifications. The director shall file new,	9673
additional, or revised specifications with the secretary of state	9674
before they are used.	9675

The director shall, by rule, assign each classification,	9676
either on a statewide basis or in particular counties or state	9677
institutions, to a pay range established under section 124.15 or	9678
section 124.152 of the Revised Code. The director may assign a	9679
classification to a pay range on a temporary basis for a period of	9680
six months. The director may establish, by rule adopted under	9681
Chapter 119. of the Revised Code, experimental classification	9682
plans for some or all employees paid directly by warrant of the	9683
director of budget and management. The rule shall include	9684
specifications for each classification within the plan and shall	9685
specifically address compensation ranges, and methods for	9686
advancing within the ranges, for the classifications, which may be	9687
assigned to pay ranges other than the pay ranges established under	9688
section 124.15 or 124.152 of the Revised Code.	9689

(2) The director of administrative services may reassign to a	9690
proper classification those positions that have been assigned to	9691
an improper classification. If the compensation of an employee in	9692
such a reassigned position exceeds the maximum rate of pay for the	9693
employee's new classification, the employee shall be placed in pay	9694
step X and shall not receive an increase in compensation until the	9695
maximum rate of pay for that classification exceeds the employee's	9696
compensation.	9697

(3) The director may reassign an exempt employee, as defined	9698
in section 124.152 of the Revised Code, to a bargaining unit	9699
classification if the director determines that the bargaining unit	9700
classification is the proper classification for that employee.	9701
Notwithstanding Chapter 4117. of the Revised Code or instruments	9702
and contracts negotiated under it, these placements are at the	9703
director's discretion.	9704

(4) The director shall, by rule, assign related	9705
classifications, which form a career progression, to a	9706
classification series. The director shall, by rule, assign each	9707
classification in the classification plan a five-digit number, the	9708
first four digits of which shall denote the classification series	9709
to which the classification is assigned. When a career progression	9710
encompasses more than ten classifications, the director shall, by	9711
rule, identify the additional classifications belonging to a	9712
classification series. The additional classifications shall be	9713
part of the classification series, notwithstanding the fact that	9714
the first four digits of the number assigned to the additional	9715
classifications do not correspond to the first four digits of the	9716
numbers assigned to other classifications in the classification	9717
series.	9718

(B) Division (A) of this section and sections 124.15 and	9719
124.152 of the Revised Code do not apply to the following persons,	9720
positions, offices, and employments:	9721

(1) Elected officials;

9722

(2) Legislative employees, employees of the legislative	9723
service commission, employees in the office of the governor,	9724
employees who are in the unclassified civil service and exempt	9725
from collective bargaining coverage in the office of the secretary	9726
of state, auditor of state, treasurer of state, and attorney	9727
general, and employees of the supreme court;	9728

(3) Any position for which the authority to determine	9729
compensation is given by law to another individual or entity;	9730

(4) Employees of the bureau of workers' compensation whose	9731
compensation the administrator of workers' compensation	9732
establishes under division (B) of section 4121.121 of the Revised	9733
Code.	9734

(C) The director may employ a consulting agency to aid and	9735
assist the director in carrying out this section.	9736

(D)(1) When the director proposes to modify a classification	9737
or the assignment of classes to appropriate pay ranges, the	9738
director shall send written notice of the proposed rule to the	9739
appointing authorities of the affected employees thirty days	9740
before a hearing on the proposed rule. The appointing authorities	9741
shall notify the affected employees regarding the proposed rule.	9742
The director also shall send those appointing authorities notice	9743
of any final rule that is adopted within ten days after adoption.	9744

(2) When the director proposes to reclassify any employee in	9745
the service of the state so that the employee is adversely	9746
affected, the director shall give to the employee affected and to	9747
the employee's appointing authority a written notice setting forth	9748
the proposed new classification, pay range, and salary. Upon the	9749
request of any classified employee in the service of the state who	9750
is not serving in a probationary period, the director shall	9751
perform a job audit to review the classification of the employee's	9752
position to determine whether the position is properly classified.	9753
The director shall give to the employee affected and to the	9754
employee's appointing authority a written notice of the director's	9755
determination whether or not to reclassify the position or to	9756
reassign the employee to another classification. An employee or	9757
appointing authority desiring a hearing shall file a written	9758
request for the hearing with the state personnel board of review	9759
within thirty days after receiving the notice. The board shall set	9760
the matter for a hearing and notify the employee and appointing	9761
authority of the time and place of the hearing. The employee, the	9762
appointing authority, or any authorized representative of the	9763
employee who wishes to submit facts for the consideration of the	9764
board shall be afforded reasonable opportunity to do so. After the	9765
hearing, the board shall consider anew the reclassification and	9766
may order the reclassification of the employee and require the	9767
director to assign the employee to such appropriate classification	9768
as the facts and evidence warrant. As provided in division (A)(1)	9769
of section 124.03 of the Revised Code, the board may determine the	9770
most appropriate classification for the position of any employee	9771
coming before the board, with or without a job audit. The board	9772
shall disallow any reclassification or reassignment classification	9773
of any employee when it finds that changes have been made in the	9774
duties and responsibilities of any particular employee for	9775
political, religious, or other unjust reasons.	9776

(E)(1) Employees of each county department of job and family	9777
services shall be paid a salary or wage established by the board	9778
of county commissioners. The provisions of section 124.18 of the	9779
Revised Code concerning the standard work week apply to employees	9780
of county departments of job and family services. A board of	9781
county commissioners may do either of the following:	9782

(a) Notwithstanding any other section of the Revised Code,	9783
supplement the sick leave, vacation leave, personal leave, and	9784
other benefits of any employee of the county department of job and	9785
family services of that county, if the employee is eligible for	9786
the supplement under a written policy providing for the	9787
supplement;	9788

(b) Notwithstanding any other section of the Revised Code,	9789
establish alternative schedules of sick leave, vacation leave,	9790
personal leave, or other benefits for employees not inconsistent	9791
with the provisions of a collective bargaining agreement covering	9792
the affected employees.	9793

(2) Division (E)(1) of this section does not apply to	9794
employees for whom the state employment relations board	9795
establishes appropriate bargaining units pursuant to section	9796
4117.06 of the Revised Code, except in either of the following	9797
situations:	9798

(a) The employees for whom the state employment relations	9799
board establishes appropriate bargaining units elect no	9800
representative in a board-conducted representation election.	9801

(b) After the state employment relations board establishes	9802
appropriate bargaining units for such employees, all employee	9803
organizations withdraw from a representation election.	9804

(F)(1) Notwithstanding any contrary provision of sections	9805
124.01 to 124.64 of the Revised Code, the board of trustees of	9806
each state university or college, as defined in section 3345.12 of	9807
the Revised Code, shall carry out all matters of governance	9808
involving the officers and employees of the university or college,	9809
including, but not limited to, the powers, duties, and functions	9810
of the department of administrative services and the director of	9811
administrative services specified in this chapter. Officers and	9812
employees of a state university or college shall have the right of	9813
appeal to the state personnel board of review as provided in this	9814
chapter.	9815

(2) Each board of trustees shall adopt rules under section	9816
111.15 of the Revised Code to carry out the matters of governance	9817
described in division (F)(1) of this section. Until the board of	9818
trustees adopts those rules, a state university or college shall	9819
continue to operate pursuant to the applicable rules adopted by	9820
the director of administrative services under this chapter.	9821

(G)(1) Each board of county commissioners may, by a	9822
resolution adopted by a majority of its members, establish a	9823
county personnel department to exercise the powers, duties, and	9824
functions specified in division (G) of this section. As used in	9825
division (G) of this section, "county personnel department" means	9826
a county personnel department established by a board of county	9827
commissioners under division (G)(1) of this section.	9828

(2)(a) Each board of county commissioners, by a resolution	9829
adopted by a majority of its members, may designate the county	9830
personnel department of the county to exercise the powers, duties,	9831
and functions specified in sections 124.01 to 124.64 and Chapter	9832
325. of the Revised Code with regard to employees in the service	9833
of the county, except for the powers and duties of the state	9834
personnel board of review, which powers and duties shall not be	9835
construed as having been modified or diminished in any manner by	9836
division (G)(2) of this section, with respect to the employees for	9837
whom the board of county commissioners is the appointing authority	9838
or co-appointing authority.	9839

(b) Nothing in division (G)(2) of this section shall be	9840
construed to limit the right of any employee who possesses the	9841
right of appeal to the state personnel board of review to continue	9842
to possess that right of appeal.	9843

(c) Any board of county commissioners that has established a	9844
county personnel department may contract with the department of	9845
administrative services, in accordance with division (H) of this	9846
section, another political subdivision, or an appropriate public	9847
or private entity to provide competitive testing services or other	9848
appropriate services.	9849

(3) After the county personnel department of a county has	9850
been established as described in division (G)(2) of this section,	9851
any elected official, board, agency, or other appointing authority	9852
of that county, upon written notification to the county personnel	9853
department, may elect to use the services and facilities of the	9854
county personnel department. Upon receipt of the notification by	9855
the county personnel department, the county personnel department	9856
shall exercise the powers, duties, and functions as described in	9857
division (G)(2) of this section with respect to the employees of	9858
that elected official, board, agency, or other appointing	9859
authority.	9860

(4) Each board of county commissioners, by a resolution	9861
adopted by a majority of its members, may disband the county	9862
personnel department.	9863

(5) Any elected official, board, agency, or appointing	9864
authority of a county may end its involvement with a county	9865
personnel department upon actual receipt by the department of a	9866
certified copy of the notification that contains the decision to	9867
no longer participate.	9868

(6) A county personnel department, in carrying out its	9869
duties, shall adhere to merit system principles with regard to	9870
employees of county departments of job and family services, child	9871
support enforcement agencies, and public child welfare agencies so	9872
that there is no threatened loss of federal funding for these	9873
agencies, and the county is financially liable to the state for	9874
any loss of federal funds due to the action or inaction of the	9875
county personnel department.	9876

(H) County agencies may contract with the department of	9877
administrative services for any human resources services,	9878
including, but not limited to, establishment and modification of	9879
job classification plans, competitive testing services, and	9880
periodic audits and reviews of the county's uniform application of	9881
the powers, duties, and functions specified in sections 124.01 to	9882
124.64 and Chapter 325. of the Revised Code with regard to	9883
employees in the service of the county. Nothing in this division	9884
modifies the powers and duties of the state personnel board of	9885
review with respect to employees in the service of the county.	9886
Nothing in this division limits the right of any employee who	9887
possesses the right of appeal to the state personnel board of	9888
review to continue to possess that right of appeal.	9889

(I) The director of administrative services shall establish	9890
the rate and method of compensation for all employees who are paid	9891
directly by warrant of the director of budget and management and	9892
who are serving in positions that the director of administrative	9893
services has determined impracticable to include in the state job	9894
classification plan. This division does not apply to elected	9895
officials, legislative employees, employees of the legislative	9896
service commission, employees who are in the unclassified civil	9897
service and exempt from collective bargaining coverage in the	9898
office of the secretary of state, auditor of state, treasurer of	9899
state, and attorney general, employees of the courts, employees of	9900
the bureau of workers' compensation whose compensation the	9901
administrator of workers' compensation establishes under division	9902
(B) of section 4121.121 of the Revised Code, or employees of an	9903
appointing authority authorized by law to fix the compensation of	9904
those employees.	9905

(J) The director of administrative services shall set the	9906
rate of compensation for all intermittent, seasonal, temporary,	9907
emergency, and casual employees in the service of the state who	9908
are not considered public employees under section 4117.01 of the	9909
Revised Code. Those employees are not entitled to receive employee	9910
benefits. This rate of compensation shall be equitable in terms of	9911
the rate of employees serving in the same or similar	9912
classifications. This division does not apply to elected	9913
officials, legislative employees, employees of the legislative	9914
service commission, employees who are in the unclassified civil	9915
service and exempt from collective bargaining coverage in the	9916
office of the secretary of state, auditor of state, treasurer of	9917
state, and attorney general, employees of the courts, employees of	9918
the bureau of workers' compensation whose compensation the	9919
administrator establishes under division (B) of section 4121.121	9920
of the Revised Code, or employees of an appointing authority	9921
authorized by law to fix the compensation of those employees.	9922

Sec. 124.18. (A) Forty hours shall be the standard work week	9923
for all employees whose salary or wage is paid in whole or in part	9924
by the state or by any state-supported college or university. When	9925
any employee whose salary or wage is paid in whole or in part by	9926
the state or by any state-supported college or university is	9927
required by an authorized administrative authority to be in an	9928
active pay status more than forty hours in any calendar week, the	9929
employee shall be compensated for such time over forty hours,	9930
except as otherwise provided in this section, at one and one-half	9931
times the employee's regular rate of pay. The use of sick leave or	9932
any leave used in lieu of sick leave shall not be considered to be	9933
active pay status for the purposes of earning overtime or	9934
compensatory time by employees whose wages are paid directly by	9935
warrant of the director of budget and management. A flexible-hours	9936
employee is not entitled to compensation for overtime work unless	9937
the employee's authorized administrative authority required the	9938
employee to be in active pay status for more than forty hours in a	9939
calendar week, regardless of the number of hours the employee	9940
works on any day in the same calendar week.	9941

Such compensation for overtime work shall be paid no later	9942
than at the conclusion of the next succeeding pay period.	9943

If the employee elects to take compensatory time off in lieu	9944
of overtime pay for any overtime worked, such compensatory time	9945
shall be granted by the employee's administrative superior, on a	9946
time and one-half basis, at a time mutually convenient to the	9947
employee and the administrative superior. Compensatory time is not	9948
available for use until it appears on the employee's earning	9949
statement and the compensation described in the earning statement	9950
is available to the employee.	9951

An employee may accrue compensatory time to a maximum of two	9952
hundred forty hours, except that public safety employees and other	9953
employees who meet the criteria established in the "Federal Fair	9954
Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213,	9955
as amended, may accrue a maximum of four hundred eighty hours of	9956
compensatory time. An employee shall be paid at the employee's	9957
regular rate of pay for any hours of compensatory time accrued in	9958
excess of these maximum amounts if the employee has not used the	9959
compensatory time within three hundred sixty-five days after it is	9960
granted, if the employee transfers to another agency of the state,	9961
or if a change in the employee's status exempts the employee from	9962
the payment of overtime compensation. Upon the termination of	9963
employment, any employee with accrued but unused compensatory time	9964
shall be paid for that time at a rate that is the greater of the	9965
employee's final regular rate of pay or the employee's average	9966
regular rate of pay during the employee's last three years of	9967
employment with the state.	9968

No overtime, as described in this section, can be paid unless	9969
it has been authorized by the authorized administrative authority.	9970
Employees may be exempted from the payment of compensation as	9971
required by this section only under the criteria for exemption	9972
from the payment of overtime compensation established in the	9973
"Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	9974
U.S.C.A. 207, 213, as amended. With the approval of the director	9975
of administrative services, the appointing authority may establish	9976
a policy to grant compensatory time or to pay compensation to	9977
~~state~~ employees in the service of the state who are exempt from	9978
overtime compensation. With the approval of the board of county	9979
commissioners, a county human services department may establish a	9980
policy to grant compensatory time or to pay compensation to	9981
employees of the department who are exempt from overtime	9982
compensation.	9983

(B)(1) An employee, whose salary or wage is paid in whole or	9984
in part by the state, shall be paid for the holidays declared in	9985
section 124.19 of the Revised Code and shall not be required to	9986
work on those holidays, unless, in the opinion of the employee's	9987
responsible administrative authority, failure to work on those	9988
holidays would impair the public service.	9989

(2) An employee paid directly by warrant of the director of	9990
budget and management who is scheduled to work on the first day of	9991
January, the commemoration of memorial day, the fourth day of	9992
July, the fourth Thursday in November, or the twenty-fifth day of	9993
December and who does not report to work the day before, the day	9994
of, or the day after the holiday due to an illness of the employee	9995
or of a member of the employee's immediate family shall not	9996
receive holiday pay as provided by this division, unless the	9997
employee can provide documentation of extenuating circumstances	9998
that prohibited the employee from so reporting to work. If the	9999
employee works a shift between the employee's scheduled shift and	10000
the holiday, the employee shall be paid for the holiday.	10001

(3) An employee also shall not be paid for a holiday unless	10002
the employee was in active pay status on the scheduled work day	10003
immediately preceding the holiday, except that an employee need	10004
not be in active pay status on that work day in order to be paid	10005
for the holiday if the employee is participating in a mandatory or	10006
voluntary cost savings day under section 124.392 of the Revised	10007
Code.	10008

(4) If any of the holidays declared in section 124.19 of the	10009
Revised Code falls on Saturday, the Friday immediately preceding	10010
shall be observed as the holiday. If any of the holidays declared	10011
in section 124.19 of the Revised Code falls on Sunday, the Monday	10012
immediately succeeding shall be observed as the holiday. Employees	10013
whose work schedules are based on the requirements of a	10014
seven-days-a-week work operation shall observe holidays on the	10015
actual days specified in section 124.19 of the Revised Code.	10016

(5) If an employee's work schedule is other than Monday	10017
through Friday, the employee shall be entitled to eight hours of	10018
holiday pay for holidays observed on the employee's day off	10019
regardless of the day of the week on which they are observed.	10020

(6) A full-time permanent employee is entitled to a minimum	10021
of eight hours of pay for each holiday regardless of the	10022
employee's work shift and work schedule. A flexible-hours	10023
employee, who is normally scheduled to work in excess of eight	10024
hours on a day on which a holiday falls, either shall be required	10025
to work an alternate schedule for that week or shall receive	10026
additional holiday pay for the hours the employee is normally	10027
scheduled to work. Such an alternate schedule may require a	10028
flexible-hours employee to work five shifts consisting of eight	10029
hours each during the week including the holiday, and, in that	10030
case, the employee shall receive eight hours of holiday pay for	10031
the day the holiday is observed.	10032

(7) Except as provided under section 124.392 of the Revised	10033
Code, part-time permanent employees shall receive four hours of	10034
holiday pay regardless of the employee's work shift and work	10035
schedule.	10036

(8) When an employee who is eligible for overtime pay under	10037
this section is required by the employee's responsible	10038
administrative authority to work on the day observed as a holiday,	10039
the employee shall be entitled to pay for such time worked at one	10040
and one-half times the employee's regular rate of pay in addition	10041
to the employee's regular pay, or to be granted compensatory time	10042
off at time and one-half thereafter, at the employee's option.	10043
Payment at such rate shall be excluded in the calculation of hours	10044
in active pay status.	10045

(C) Each appointing authority may designate the number of	10046
employees in an agency who are flexible-hours employees. The	10047
appointing authority may establish for each flexible-hours	10048
employee a specified minimum number of hours to be worked each day	10049
that is consistent with the "Federal Fair Labor Standards Act of	10050
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.	10051

(D) This section shall be uniformly administered for	10052
employees as defined in section 124.01 of the Revised Code and by	10053
the personnel departments of state-supported colleges and	10054
universities for employees of state-supported colleges and	10055
universities. If employees are not paid directly by warrant of the	10056
director of budget and management, the political subdivision shall	10057
determine whether the use of sick leave shall be considered to be	10058
active pay status for purposes of those employees earning overtime	10059
or compensatory time.	10060

(E) Policies relating to the payment of overtime pay or the	10061
granting of compensatory time off shall be adopted by the chief	10062
administrative officer of the house of representatives for	10063
employees of the house of representatives, by the clerk of the	10064
senate for employees of the senate, and by the director of the	10065
legislative service commission for all other legislative	10066
employees.	10067

(F) As used in this section, "regular rate of pay" means the	10068
base rate of pay an employee receives plus any pay supplements	10069
received pursuant to section 124.181 of the Revised Code.	10070

Sec. 124.30. (A) Classified positions in the civil service	10071
may be filled without competition as follows:	10072

(1) Whenever there are urgent reasons for filling a vacancy	10073
in any position in the classified civil service and the director	10074
of administrative services is unable to certify to the appointing	10075
authority, upon its request, a list of persons eligible for	10076
appointment to the position after a competitive examination, the	10077
appointing authority may fill the position by noncompetitive	10078
examination.	10079

A temporary appointment may be made without regard to the	10080
rules of sections 124.01 to 124.64 of the Revised Code. Except as	10081
otherwise provided in this division, the temporary appointment may	10082
not continue longer than one hundred twenty days, and in no case	10083
shall successive temporary appointments be made. A temporary	10084
appointment longer than one hundred twenty days may be made if	10085
necessary by reason of sickness, disability, or other approved	10086
leave of absence of regular officers or employees, in which case	10087
it may continue during the period of sickness, disability, or	10088
other approved leave of absence, subject to the rules of the	10089
director.	10090

(2) In case of a vacancy in a position in the classified	10091
civil service where peculiar and exceptional qualifications of a	10092
scientific, managerial, professional, or educational character are	10093
required, and upon satisfactory evidence that for specified	10094
reasons competition in this special case is impracticable and that	10095
the position can best be filled by a selection of some designated	10096
person of high and recognized attainments in those qualities, the	10097
director may suspend the provisions of sections 124.01 to 124.64	10098
of the Revised Code that require competition in this special case,	10099
but no suspension shall be general in its application. All such	10100
cases of suspension shall be reported in the annual report of the	10101
director with the reasons for each suspension. The director shall	10102
suspend the provisions when ~~the~~either of the following applies:	10103

(a) The director of job and family services provides the	10104
certification under section 5101.051 of the Revised Code that a	10105
position with the department of job and family services can best	10106
be filled if the provisions are suspended;	10107

(b) The medicaid director provides the certification under	10108
section 5160.051 of the Revised Code that a position with the	10109
department of medicaid can best be filled if the provisions are	10110
suspended.	10111

(3) The acceptance or refusal by an eligible person of a	10112
temporary appointment shall not affect the person's standing on	10113
the eligible list for permanent appointment, nor shall the period	10114
of temporary service be counted as a part of the probationary	10115
service in case of subsequent appointment to a permanent position.	10116

(B) Persons who receive temporary or intermittent	10117
appointments are in the unclassified civil service and serve at	10118
the pleasure of their appointing authority.	10119

Sec. 124.341. (A) If an employee in the classified or	10120
unclassified civil service becomes aware in the course of	10121
employment of a violation of state or federal statutes, rules, or	10122
regulations or the misuse of public resources, and the employee's	10123
supervisor or appointing authority has authority to correct the	10124
violation or misuse, the employee may file a written report	10125
identifying the violation or misuse with the supervisor or	10126
appointing authority. In addition to or instead of filing a	10127
written report with the supervisor or appointing authority, the	10128
employee may file a written report with the office of internal	10129
~~auditing~~audit created under section 126.45 of the Revised Code or	10130
file a complaint with the auditor of state's fraud-reporting	10131
system under section 117.103 of the Revised Code.	10132

If the employee reasonably believes that a violation or	10133
misuse of public resources is a criminal offense, the employee, in	10134
addition to or instead of filing a written report or complaint	10135
with the supervisor, appointing authority, the office of internal	10136
~~auditing~~audit, or the auditor of state's fraud-reporting system,	10137
may report it to a prosecuting attorney, director of law, village	10138
solicitor, or similar chief legal officer of a municipal	10139
corporation, to a peace officer, as defined in section 2935.01 of	10140
the Revised Code, or, if the violation or misuse of public	10141
resources is within the jurisdiction of the inspector general, to	10142
the inspector general in accordance with section 121.46 of the	10143
Revised Code. In addition to that report, if the employee	10144
reasonably believes the violation or misuse is also a violation of	10145
Chapter 102., section 2921.42, or section 2921.43 of the Revised	10146
Code, the employee may report it to the appropriate ethics	10147
commission.	10148

(B) Except as otherwise provided in division (C) of this	10149
section, no officer or employee in the classified or unclassified	10150
civil service shall take any disciplinary action against an	10151
employee in the classified or unclassified civil service for	10152
making any report or filing a complaint as authorized by division	10153
(A) of this section, including, without limitation, doing any of	10154
the following:	10155

(1) Removing or suspending the employee from employment;

10156

(2) Withholding from the employee salary increases or	10157
employee benefits to which the employee is otherwise entitled;	10158

(3) Transferring or reassigning the employee;

10159

(4) Denying the employee promotion that otherwise would have	10160
been received;	10161

(5) Reducing the employee in pay or position.

10162

(C) An employee in the classified or unclassified civil	10163
service shall make a reasonable effort to determine the accuracy	10164
of any information reported under division (A) of this section.	10165
The employee is subject to disciplinary action, including	10166
suspension or removal, as determined by the employee's appointing	10167
authority, for purposely, knowingly, or recklessly reporting false	10168
information under division (A) of this section.	10169

(D) If an appointing authority takes any disciplinary or	10170
retaliatory action against a classified or unclassified employee	10171
as a result of the employee's having filed a report or complaint	10172
under division (A) of this section, the employee's sole and	10173
exclusive remedy, notwithstanding any other provision of law, is	10174
to file an appeal with the state personnel board of review within	10175
thirty days after receiving actual notice of the appointing	10176
authority's action. If the employee files such an appeal, the	10177
board shall immediately notify the employee's appointing authority	10178
and shall hear the appeal. The board may affirm or disaffirm the	10179
action of the appointing authority or may issue any other order as	10180
is appropriate. The order of the board is appealable in accordance	10181
with Chapter 119. of the Revised Code.	10182

(E) As used in this section:

10183

(1) "Purposely," "knowingly," and "recklessly" have the same	10184
meanings as in section 2901.22 of the Revised Code.	10185

(2) "Appropriate ethics commission" has the same meaning as	10186
in section 102.01 of the Revised Code.	10187

(3) "Inspector general" means the inspector general appointed	10188
under section 121.48 of the Revised Code.	10189

Sec. 124.381. (A)(1)(a) An employee in the service of the	10190
state may be eligible to receive salary continuation not to exceed	10191
four hundred eighty hours at the employee's total rate of pay for	10192
absence as a result of injury incurred during the performance of,	10193
or arising out of, state employment. When an eligible employee's	10194
absence as a result of such an injury extends beyond four hundred	10195
eighty hours, the employee immediately becomes subject to sections	10196
124.382 and 124.385 of the Revised Code regarding sick leave and	10197
disability leave benefits.	10198

An employee is ineligible to receive salary continuation	10199
until the date of implementation is established in the rules	10200
adopted under division (C)(1) of this section.	10201

(b) Employees of the secretary of state, auditor of state,	10202
treasurer of state, attorney general, supreme court, general	10203
assembly, or legislative service commission are not subject to	10204
division (A)(1)(a) of this section unless the relevant appointing	10205
authority notifies the director of administrative services in	10206
writing of the intent to have all of the appointing authority's	10207
employees participate in salary continuation. The relevant	10208
appointing authority also may discontinue salary continuation for	10209
all of its employees by providing written notice of the	10210
discontinuation to the director.	10211

Participation in salary continuation is subject to rules	10212
adopted under division (C)(1) of this section.	10213

(2) Each employee of the department of rehabilitation and	10214
correction, the department of ~~mental health~~mental health and	10215
addiction services, the department of developmental disabilities,	10216
the department of veterans services, or the Ohio schools for the	10217
deaf and blind, and each employee of the department of youth	10218
services as established in division (A) of section 124.14 of the	10219
Revised Code who sustains a qualifying physical condition	10220
inflicted by a ward of these agencies during the time the employee	10221
is lawfully carrying out the assigned duties of the employee's	10222
position shall be paid occupational injury leave at the employee's	10223
total rate of pay during the period the employee is disabled as a	10224
result of that qualifying physical condition, but in no case to	10225
exceed nine hundred sixty hours, in lieu of workers' compensation.	10226
Pay made according to this division shall not be charged to the	10227
employee's accumulation of sick leave credit. In any case when an	10228
employee's disability as a result of such a qualifying physical	10229
condition extends beyond nine hundred sixty hours, the employee	10230
immediately becomes subject to sections 124.382 and 124.385 of the	10231
Revised Code regarding sick leave and disability leave benefits.	10232

(B) An employee who is receiving salary continuation or	10233
occupational injury leave under division (A)(1) or (2) of this	10234
section is not eligible for other paid leave, including holiday	10235
pay, while receiving benefits under either division. While an	10236
employee is receiving salary continuation or occupational injury	10237
leave under division (A)(1) or (2) of this section, vacation leave	10238
credit ceases to accrue to the employee under section 124.134 of	10239
the Revised Code, but sick leave credit and personal leave credit	10240
continue to accrue to the employee under sections 124.382 and	10241
124.386 of the Revised Code.	10242

(C)(1) The director of administrative services shall adopt	10243
rules for the administration of both the salary continuation	10244
program and the occupational injury leave program. The rules shall	10245
include, but not be limited to, provisions for determining a	10246
disability, for filing a claim for leave under this section, and	10247
for allowing or denying claims for the leave.	10248

(2) The director also may adopt rules for the payment of	10249
health benefits while an employee is on workers' compensation	10250
leave.	10251

(D) An appointing authority may apply to the director of	10252
administrative services to grant salary continuation under	10253
division (A)(1) of this section or occupational injury leave under	10254
division (A)(2) of this section to law enforcement personnel	10255
employed by the agency.	10256

Sec. 124.57. (A) No officer or employee in the classified	10257
service of the state, the several counties, cities, and city	10258
school districts of the state, or the civil service townships of	10259
the state shall directly or indirectly, orally or by letter,	10260
solicit or receive, or be in any manner concerned in soliciting or	10261
receiving, any assessment, subscription, or contribution for any	10262
political party or for any candidate for public office; nor shall	10263
any person solicit directly or indirectly, orally or by letter, or	10264
be in any manner concerned in soliciting, any such assessment,	10265
contribution, or payment from any officer or employee in the	10266
classified service of the state, the several counties, cities, or	10267
city school districts of the state, or the civil service townships	10268
of the state; nor shall any officer or employee in the classified	10269
service of the state, the several counties, cities, and city	10270
school districts of the state, or the civil service townships of	10271
the state be an officer in any political organization or take part	10272
in politics other than to vote as the officer or employee pleases	10273
and to express freely political opinions.	10274

(B)(1) Nothing in division (A) of this section prohibits an	10275
officer or employee described in that division from serving as a	10276
precinct election official under section 3501.22 of the Revised	10277
Code.	10278

(2) Nothing in division (A) of this section prohibits an	10279
employee of ~~the Ohio cooperative~~OSU extension ~~service~~ whose	10280
position is transferred from the unclassified civil service to the	10281
classified civil service and who also holds the office of	10282
president of a city legislative authority from completing the	10283
existing term of office as president.	10284

Sec. 124.84. (A) The department of administrative services,	10285
in consultation with the superintendent of insurance and subject	10286
to division (D) of this section, ~~shall~~may negotiate and contract	10287
with one or more insurance companies or health insuring	10288
corporations authorized to operate or do business in this state	10289
for the purchase of a policy of long-term care insurance covering	10290
all state employees who are paid directly by warrant of the	10291
director of budget and management, including elected state	10292
officials. Any policy purchased under this division shall be	10293
negotiated and entered into in accordance with the competitive	10294
selection procedures specified in Chapter 125. of the Revised	10295
Code. As used in this section, "long-term care insurance" has the	10296
same meaning as in section 3923.41 of the Revised Code.	10297

(B) Any elected state official or state employee paid	10298
directly by warrant of the director of budget and management may	10299
elect to participate in any long-term care insurance policy	10300
purchased under division (A) of this section. All or any portion	10301
of the premium charged may be paid by the state. Participation in	10302
the policy may include the dependents and family members of the	10303
elected state official or state employee.	10304

If a participant in a long-term care insurance policy leaves	10305
employment, the participant and the participant's dependents and	10306
family members may, at their election, continue to participate in	10307
a policy established under this section. The manner of payment and	10308
the portion of premium charged the participant, dependent, and	10309
family member shall be established pursuant to division (E) of	10310
this section.	10311

(C) Any long-term care insurance policy purchased under this	10312
section or section 124.841 or 145.581 of the Revised Code shall	10313
provide for all of the following with respect to the premiums	10314
charged for the policy:	10315

(1) They shall be set at the entry age of the official or	10316
employee when first covered by the policy and shall not increase	10317
except as a class during coverage under the policy.	10318

(2) They shall be based on the class of all officials or	10319
employees covered by the policy.	10320

(3) They shall continue, pursuant to section 145.581 of the	10321
Revised Code, after the retirement of the official or employee who	10322
is covered under the policy, at the rate in effect on the date of	10323
the official's or employee's retirement.	10324

(D) Prior to entering into a contract with an insurance	10325
company or health insuring corporation for the purchase of a	10326
long-term care insurance policy under this section, the department	10327
shall request the superintendent of insurance to certify the	10328
financial condition of the company or corporation. The department	10329
shall not enter into the contract if, according to that	10330
certification, the company or corporation is insolvent, is	10331
determined by the superintendent to be potentially unable to	10332
fulfill its contractual obligations, or is placed under an order	10333
of rehabilitation or conservation by a court of competent	10334
jurisdiction or under an order of supervision by the	10335
superintendent.	10336

(E) The department shall adopt rules in accordance with	10337
section 111.15 of the Revised Code governing long-term care	10338
insurance purchased under this section. All or any portion of the	10339
premium charged the participants, dependents, and family members	10340
shall be paid in such manner or combination of manners as the	10341
department determines.	10342

~~Sec. 3701.041.~~ Sec. 124.88. (A) The employee assistance program is	10343
hereby established in the department of administrative services	10344
for the purpose of referring state employees paid by warrant of	10345
the director of budget and management who are in need of medical,	10346
social, or other services to providers of those services.	10347

~~The director of health, in consultation with the director of~~	10348
~~budget and management, shall determine a rate at which the~~	10349
~~payrolls of all state agencies with employees paid by warrant of~~	10350
~~the director of budget and management shall be charged each pay~~	10351
~~period that is sufficient to cover the costs of administering the~~	10352
~~program. The rate shall be based upon the total number of such~~	10353
~~employees and may be adjusted as the director of health, in~~	10354
~~consultation with the director of budget and management, considers~~	10355
~~necessary. All money collected from the assessment shall be~~	10356
~~deposited in the state treasury to the credit of the employee~~	10357
~~assistance general services fund, which is hereby created. The~~	10358
~~fund shall be used by the director of health to administer the~~	10359
~~program.~~	10360

(B) Records of the identity, diagnosis, prognosis, or	10361
treatment of any person that are maintained in connection with the	10362
employee assistance program created in division (A) of this	10363
section are not public records under section 149.43 of the Revised	10364
Code and shall be disclosed only as provided in division (C) of	10365
this section.	10366

(C)(1) Records described in division (B) of this section may	10367
be disclosed with the prior written consent of the person who is	10368
the subject of the record.	10369

(2) Records described in division (B) of this section may be	10370
disclosed with or without the prior written consent of the person	10371
who is the subject of the record under the following conditions:	10372

(a) To medical personnel to the extent necessary to meet a	10373
bona fide medical emergency;	10374

(b) To qualified personnel for the purpose of conducting	10375
scientific research, management audits, financial audits, or	10376
program evaluation, but the personnel shall not directly or	10377
indirectly identify any person who is the subject of the record in	10378
any report of the research, audit, or evaluation or in any other	10379
manner;	10380

(c) If authorized by an appropriate order of a court of	10381
competent jurisdiction granted after a showing of good cause. In	10382
determining good cause, the court shall weigh the public interest	10383
and the need for disclosure against injury to the person who is	10384
the subject of the record and to the employee assistance program.	10385
Upon granting such an order, the court shall, in determining the	10386
extent to which the disclosure of all or any part of any record is	10387
necessary, impose appropriate safeguards against unauthorized	10388
disclosure.	10389

(D) Except as authorized by a court order described in	10390
division (C)(2)(c) of this section, no record described in	10391
division (B) of this section may be used to initiate or	10392
substantiate criminal charges against the person who is the	10393
subject of the record or to conduct any investigation of such a	10394
person.	10395

Sec. 125.05. Except as provided in division (F) of this	10396
section, no state agency shall purchase any supplies or services	10397
except as provided in divisions (A) to (D) of this section.	10398

(A) Subject to division (E) of this section, a state agency	10399
may, without competitive selection, make any purchase of supplies	10400
or services that cost twenty-five thousand dollars or less. The	10401
agency may make the purchase directly or may make the purchase	10402
from or through the department of administrative services,	10403
whichever the agency determines. The agency shall adopt written	10404
procedures consistent with the department's purchasing procedures	10405
and shall use those procedures when making purchases under this	10406
division.	10407

(B) Subject to division (E) of this section and in accordance	10408
with section 125.051 of the Revised Code, a state agency may make	10409
purchases of supplies and services that cost more than twenty-five	10410
thousand dollars but less than fifty thousand dollars if the	10411
purchases are made under the direction of an employee of the	10412
agency who is certified by the department to make purchases and if	10413
the purchases comply with the department's purchasing procedures.	10414
Section 127.16 of the Revised Code does not apply to purchases	10415
made under this division. Until the certification effective date	10416
established by the department in rules adopted under section	10417
125.051 of the Revised Code, state agencies may make purchases of	10418
supplies and services that cost more than twenty-five thousand	10419
dollars but less than fifty thousand dollars in the same manner as	10420
provided in division (A) of this section.	10421

(C) Subject to division (E) of this section, a state agency	10422
wanting to purchase supplies or services that cost more than	10423
twenty-five thousand dollars shall, unless otherwise authorized by	10424
law, make the purchase from or through the department. The	10425
department shall make the purchase by competitive selection. If	10426
the director of administrative services determines that it is not	10427
possible or not advantageous to the state for the department to	10428
make the purchase, the department shall grant the agency a release	10429
and permit under section 125.06 of the Revised Code to make the	10430
purchase. Section 127.16 of the Revised Code does not apply to	10431
purchases the department makes under this section.	10432

(D) An agency that has been granted a release and permit to	10433
make a purchase may make the purchase without competitive	10434
selection if after making the purchase the cumulative purchase	10435
threshold as computed under division (E) of section 127.16 of the	10436
Revised Code would:	10437

(1) Be exceeded and the controlling board approves the	10438
purchase;	10439

(2) Not be exceeded and the department of administrative	10440
services approves the purchase.	10441

(E) Not later than the thirty-first day of January of each	10442
even-numbered year, the directors of administrative services and	10443
budget and management shall review and recommend to the general	10444
assembly, if necessary, adjustments to the amounts specified in	10445
divisions (A) to (C) of this section and division (B) of section	10446
127.16 of the Revised Code.	10447

(F) If ~~the eTech Ohio commission,~~ the department of	10448
education, or the Ohio education computer network determines that	10449
it can purchase software services or supplies for specified school	10450
districts at a price less than the price for which the districts	10451
could purchase the same software services or supplies for	10452
themselves, the ~~commission,~~ department, or network shall certify	10453
that fact to the department of administrative services and, acting	10454
as an agent for the specified school districts, shall make that	10455
purchase without following the provisions in divisions (A) to (D)	10456
of this section.	10457

Sec. 125.21. The director of administrative services shall	10458
process payroll information for the purpose of payment for	10459
personal services of state officials and employees on the basis of	10460
rates of pay determined by pertinent law, the director, or other	10461
competent authority.	10462

Calculation of payrolls may be made after the conclusion of	10463
each pay period based upon the amount of time served as certified	10464
by the appropriate appointing authority. Payment for personal	10465
service rendered by an official or employee during any pay period	10466
shall be made no later than at the conclusion of the official's or	10467
employee's next succeeding pay period.	10468

The director of administrative services shall furnish to the	10469
director of budget and management all necessary data for drawing	10470
state official and employee pay warrants and preparing earning	10471
statements. These data shall include the rate at which paid; the	10472
time for which paid, including overtime and any other adjustments	10473
affecting the official's or employee's gross pay; all taxes	10474
withheld, including, whenever practicable, year-to-date figures on	10475
all taxes withheld; the amount of contribution to the appropriate	10476
retirement system; any voluntary deductions made in accordance	10477
with authorizations filed by the official or employee; and whether	10478
a direct deposit is to be made in accordance with an authorization	10479
filed by the official or employee.	10480

Amounts deducted from the salaries or wages of all officials	10481
and employees shall be transferred to the payroll ~~withholding~~	10482
deduction fund, which is hereby created in the state treasury for	10483
the purpose of consolidating all such deductions made in any	10484
month. Payments from this fund shall be made at intervals for the	10485
intended purpose of the deduction or for refund where it is	10486
determined that deductions were made in error.	10487

Sec. 125.212. The life insurance investment fund is hereby	10488
created in the state treasury. The fund shall consist of amounts	10489
from ~~the payroll withholding fund created by section 125.21 of~~	10490
~~the Revised Code~~state agencies, life insurance premium refunds	10491
received by the state, and other receipts related to the state's	10492
life insurance benefit program. The fund shall be used to pay the	10493
costs of the state's life insurance benefit program. All	10494
investment earnings of the life insurance investment fund shall be	10495
credited to the fund.	10496

Sec. 125.27. (A) There is hereby created in the state	10497
treasury the building improvement fund. The fund shall retain the	10498
interest earned.	10499

(B) The fund shall consist of any payments made by intrastate	10500
transfer voucher from the appropriation item for office building	10501
operating payments.	10502

(C) The fund shall be used for major maintenance or	10503
improvements required in the James A. Rhodes or Frank J. Lausche	10504
state office tower, Toledo government center, Senator Oliver R.	10505
Ocasek government office building, and Vern Riffe center for	10506
government and the arts.	10507

Sec. 125.28. (A)(1) Each state agency that is supported in	10508
whole or in part by nongeneral revenue fund money and that	10509
occupies space in the James A. Rhodes or Frank J. Lausche state	10510
office tower, Toledo government center, Senator Oliver R. Ocasek	10511
government office building, Vern Riffe center for government and	10512
the arts, capitol square, or governor's mansion shall reimburse	10513
the general revenue fund for the cost of occupying the space in	10514
the ratio that the occupied space in each facility attributable to	10515
the nongeneral revenue fund money bears to the total space	10516
occupied by the state agency in the facility.	10517

(2) All agencies that occupy space in the old blind school or	10518
that occupy warehouse space in the general services facility shall	10519
reimburse the department of administrative services for the cost	10520
of occupying the space. The director of administrative services	10521
shall determine the amount of debt service, if any, to be charged	10522
to building tenants and shall collect reimbursements for it.	10523

(3) Each agency that is supported in whole or in part by	10524
nongeneral revenue fund money and that occupies space in any other	10525
facility or facilities owned and maintained by the department of	10526
administrative services or space in the general services facility	10527
other than warehouse space shall reimburse the department for the	10528
cost of occupying the space, including debt service, if any, in	10529
the ratio that the occupied space in each facility attributable to	10530
the nongeneral revenue fund money bears to the total space	10531
occupied by the state agency in the facility.	10532

(B) The director of administrative services may provide	10533
building maintenance services and ~~skilled trades~~minor	10534
construction project management services to any state agency	10535
~~occupying space in a facility that is not owned by the department~~	10536
~~of administrative services~~ and may collect reimbursements for the	10537
cost of providing those services.	10538

(C) All money collected by the department of administrative	10539
services for operating expenses of facilities owned or maintained	10540
by the department shall be deposited into the state treasury to	10541
the credit of the building management fund, which is hereby	10542
created, or to the credit of the building operation fund, which is	10543
hereby created. All money collected by the department for ~~skilled~~	10544
~~trades~~minor construction project management services shall be	10545
deposited into the state treasury to the credit of the ~~skilled~~	10546
~~trades~~minor construction project management fund, which is hereby	10547
created. All money collected for debt service shall be deposited	10548
into the general revenue fund.	10549

(D) The director of administrative services shall determine	10550
the reimbursable cost of space in state-owned or state-leased	10551
facilities and shall collect reimbursements for that cost.	10552

Sec. 125.602. (A) The department of developmental	10553
disabilities, the department of ~~mental health~~mental health and	10554
addiction services, the department of job and family services, the	10555
~~rehabilitation services commission~~opportunities for Ohioans with	10556
disabilities agency, and any other state or governmental agency or	10557
community rehabilitation program responsible for the provision of	10558
rehabilitation and vocational educational services to persons with	10559
work-limiting disabilities may, through written agreement,	10560
cooperate in providing resources to the department of	10561
administrative services for the operation of the office of	10562
procurement from community rehabilitation programs. These	10563
resources may include, but are not limited to, leadership and	10564
assistance in dealing with the societal aspects of meeting the	10565
needs of persons with work-limiting disabilities.	10566

(B) The office and all governmental entities that administer	10567
socioeconomic programs may enter into contractual agreements,	10568
cooperative working relationships, or other arrangements that are	10569
necessary for effective coordination and realization of the	10570
objectives of these entities.	10571

Sec. 125.603. (A) The office of procurement from community	10572
rehabilitation programs shall do the following in addition to	10573
other duties specified in sections 125.60 to 125.6012 of the	10574
Revised Code:	10575

(1) Establish, maintain, and periodically update a	10576
procurement list of approved supplies and services available from	10577
qualified nonprofit agencies;	10578

(2) Monitor the procurement practices of government ordering	10579
offices to ensure compliance with sections 125.60 to 125.6012 of	10580
the Revised Code;	10581

(3) In cooperation with qualified nonprofit agencies,	10582
government ordering offices, the department of developmental	10583
disabilities, the department of ~~mental health~~mental health and	10584
addiction services, the department of job and family services, and	10585
the ~~rehabilitation services commission~~opportunities for Ohioans	10586
with disabilities agency, develop and recommend to the director of	10587
administrative services rules the director shall adopt in	10588
accordance with Chapter 119. of the Revised Code for the effective	10589
and efficient administration of sections 125.60 to 125.6012 of the	10590
Revised Code;	10591

(4) Prepare a report of its activities by the last day of	10592
December of each year. The report shall be posted electronically	10593
on the office's web site.	10594

(B) The office of procurement from community rehabilitation	10595
programs may enter into contractual agreements and establish pilot	10596
programs to further the objectives of sections 125.60 to 125.6012	10597
of the Revised Code.	10598

Sec. 125.832. (A) The department of administrative services	10599
is granted exclusive authority over the acquisition and management	10600
of all motor vehicles used by state agencies. In carrying out this	10601
authority, the department shall do both of the following:	10602

(1) Approve the purchase or lease of each motor vehicle for	10603
use by a state agency. The department shall decide if a motor	10604
vehicle shall be leased or purchased for that use.	10605

Except as otherwise provided in division (A)(1) of this	10606
section, on and after July 1, 2005, each state agency shall	10607
acquire all passenger motor vehicles under the department's master	10608
leasing program. If the department determines that acquisition	10609
under that program is not the most economical method and if the	10610
department and the state agency acquiring the passenger motor	10611
vehicle can provide economic justification for doing so, the	10612
department may approve the purchase, rather than the lease, of a	10613
passenger motor vehicle for the acquiring state agency.	10614

(2) Direct and approve all funds that are expended for the	10615
purchase, lease, repair, maintenance, registration, insuring, and	10616
other costs related to the possession and operation of motor	10617
vehicles for the use of state agencies.	10618

(B) The director of administrative services shall establish	10619
and operate a fleet management program. The director shall operate	10620
the program for purposes including, but not limited to,	10621
cost-effective acquisition, maintenance, management, analysis, and	10622
disposal of all motor vehicles owned or leased by the state. All	10623
state agencies shall comply with statewide fleet management	10624
policies and procedures established by the director for the	10625
program, including, but not limited to, motor vehicle assignments,	10626
additions of motor vehicles to fleets or motor vehicle	10627
replacements, motor vehicle fueling, and motor vehicle repairs.	10628

(C) The director shall establish and maintain a fleet	10629
reporting system and shall require state agencies to submit to the	10630
department information relative to state motor vehicles, including	10631
motor vehicles described in division (G)(2) of section 125.831 of	10632
the Revised Code, to be used in operating the fleet management	10633
program. State agencies shall provide to the department fleet data	10634
and other information, including, but not limited to, mileage and	10635
costs. The data and other information shall be submitted in	10636
formats and in a manner determined by the department.	10637

(D) All state agency purchases or leases of motor vehicles	10638
are subject to the prior approval of the director under division	10639
(A)(1) of this section.	10640

(E) State agencies that utilize state motor vehicles or pay	10641
mileage reimbursements to employees shall provide a fleet plan to	10642
the department as directed by the department.	10643

(F)(1) The fleets of state agencies that consist of one	10644
hundred or less vehicles on July 1, 2004, shall be managed by the	10645
department's fleet management program on a time schedule	10646
determined by the department, unless the state agency has received	10647
delegated authority as described in division (G) of this section.	10648

(2) The fleets of state agencies that consist of greater than	10649
one hundred motor vehicles, but less than five hundred motor	10650
vehicles, on July 1, 2005, also shall be managed by the	10651
department's fleet management program on a time schedule	10652
determined by the department, unless the state agency has received	10653
delegated authority as described in division (G) of this section.	10654

(G)(1) The department may delegate any or all of its duties	10655
regarding fleet management to a state agency, if the state agency	10656
demonstrates to the satisfaction of the department both of the	10657
following:	10658

(a) Capabilities to institute and manage a fleet management	10659
program, including, but not limited to, the presence of a	10660
certified fleet manager;	10661

(b) Fleet management performance, as demonstrated by fleet	10662
data and other information submitted pursuant to annual reporting	10663
requirements and any other criteria the department considers	10664
necessary in evaluating the performance.	10665

(2) The department may determine that a state agency is not	10666
in compliance with this section and direct that the agency's fleet	10667
management duties be transferred to the department.	10668

(H) The proceeds derived from the disposition of any motor	10669
vehicles under this section shall be paid to whichever of the	10670
following applies:	10671

(1) The fund that originally provided moneys for the purchase	10672
or lease of the motor vehicles;	10673

(2) If the motor vehicles were originally purchased with	10674
moneys derived from the general revenue fund, the proceeds shall	10675
be deposited, in the director's discretion, into the state	10676
treasury to the credit of either the fleet management fund created	10677
by section 125.83 of the Revised Code or the investment recovery	10678
fund created by section 125.14 of the Revised Code.	10679

(I)(1) The department shall create and maintain a certified	10680
fleet manager program.	10681

(2) State agencies that have received delegated authority as	10682
described in division (G) of this section shall have a certified	10683
fleet manager.	10684

(J) The department annually shall prepare and submit a	10685
statewide fleet report to the governor, the speaker of the house	10686
of representatives, and the president of the senate. The report	10687
shall be submitted not later than the thirty-first day of January	10688
following the end of each fiscal year. It may include, but is not	10689
limited to, the numbers and types of motor vehicles, their	10690
mileage, miles per gallon, and cost per mile, mileage	10691
reimbursements, accident and insurance data, and information	10692
regarding compliance by state agencies having delegated authority	10693
under division (G) of this section with applicable fleet	10694
management requirements.	10695

(K) The director shall adopt rules for implementing the fleet	10696
management program that are consistent with recognized best	10697
practices. The program shall be supported by reasonable fee	10698
charges for the services provided. The director shall collect	10699
these fees and deposit them into the state treasury to the credit	10700
for the fleet management fund created by section 125.83 of the	10701
Revised Code. The setting and collection of fees under this	10702
division is not subject to any restriction imposed by law upon the	10703
director's or the department's authority to set or collect fees.	10704

(L) The director also shall adopt rules that prohibit, except	10705
in very limited circumstances, the exclusive assignment of	10706
state-owned, leased, or pooled motor vehicles to state employees	10707
and that prohibit the reimbursement under section 126.31 of the	10708
Revised Code of state employees who use their own motor vehicles	10709
for any mileage they incur above an amount that the department	10710
shall determine annually unless reimbursement for the excess	10711
mileage is approved by the department in accordance with standards	10712
for that approval the director shall establish in those rules.	10713
Beginning on September 26, 2003, no state-owned, leased, or pooled	10714
motor vehicle shall be personally assigned as any form of	10715
compensation or benefit of state employment, and no state-owned,	10716
leased, or pooled motor vehicle shall be assigned to an employee	10717
solely for commuting to and from home and work.	10718

(M) The director shall do both of the following:

10719

(1) Implement to the greatest extent possible the	10720
recommendations from the 2002 report entitled "Administrative	10721
Analysis of the Ohio Fleet Management Program" in connection with	10722
the authority granted to the department by this section;	10723

(2) Attempt to reduce the number of passenger vehicles used	10724
by state agencies during the fiscal years ending on June 30, 2004,	10725
and June 30, 2005.	10726

(N) Each state agency shall reimburse the department for all	10727
costs incurred in the assignment of motor vehicles to the state	10728
agency.	10729

(O) The director shall do all of the following in managing	10730
the fleet management program:	10731

(1) Determine how motor vehicles will be maintained, insured,	10732
operated, financed, and licensed;	10733

(2) Pursuant to the formula in division (O)(3) of this	10734
section, annually establish the minimum number of business miles	10735
per year an employee of a state agency must drive in order to	10736
qualify for approval by the department to receive a motor vehicle	10737
for business use;	10738

(3) Establish the minimum number of business miles per year	10739
at an amount that results when the annual motor vehicle cost is	10740
divided by the amount that is the reimbursement rate per mile	10741
minus the amount that is the sum of the fuel cost, the operating	10742
cost, and the insurance cost. As used in this division:	10743

(a) "Annual motor vehicle cost" means the price of a motor	10744
vehicle divided by the number of years an average motor vehicle is	10745
used.	10746

(b) "Fuel cost" means the average price per gallon of motor	10747
fuel divided by the miles per gallon fuel efficiency of a motor	10748
vehicle.	10749

(c) "Insurance cost" means the cost of insuring a motor	10750
vehicle per year divided by the number of miles an average motor	10751
vehicle is driven per year.	10752

(d) "Operating cost" means the maintenance cost of a motor	10753
vehicle per year divided by the product resulting when the number	10754
of miles an average motor vehicle is driven per year is multiplied	10755
by the number of years an average motor vehicle is used.	10756

(e) "Reimbursement rate per mile" means the reimbursement per	10757
mile rate for travel expenses as provided by rule of the director	10758
of budget and management adopted under division (B) of section	10759
126.31 of the Revised Code.	10760

~~(P)(1) Not later than the fifteenth day of September of each~~	10761
~~year, each state institution of higher education shall report to~~	10762
~~the department on all of the following topics relating to motor~~	10763
~~vehicles that the institution acquires and manages:~~	10764

~~(a) The methods it uses to track the motor vehicles;~~

10765

~~(b) Whether or not it uses a fuel card program to purchase~~	10766
~~fuel for, or to pay for the maintenance of, the motor vehicles;~~	10767

~~(c) Whether or not it makes bulk purchases of fuel for the~~	10768
~~motor vehicles.~~	10769

~~(2) Assuming it does not use the fleet management tracking,~~	10770
~~fuel card program, and bulk fuel purchases tools and services that~~	10771
~~the department provides, the report of a state institution of~~	10772
~~higher education required by division (P)(1) of this section also~~	10773
~~shall include both of the following:~~	10774

~~(a) An analysis of the amount the institution would save, if~~	10775
~~any, if it were to use the fleet management tracking, fuel card~~	10776
~~program, and bulk fuel purchases tools and services that the~~	10777
~~department provides instead of the fleet management system the~~	10778
~~institution regularly uses;~~	10779

~~(b) A rationale for either continuing with the fleet~~	10780
~~management system that the institution regularly uses or changing~~	10781
~~to the use of those tools and services that the department~~	10782
~~provides.~~	10783

~~(3) The department shall certify within ninety days after~~	10784
~~receipt of all reports under division (P)(1) of this section a~~	10785
~~list of those state institutions of higher education that the~~	10786
~~department determines would save amounts if they were to use the~~	10787
~~fleet management tracking, fuel card program, and bulk fuel~~	10788
~~purchases tools and services that the department provides. The~~	10789
~~institutions so certified then shall use those tools and services~~	10790
~~that the department provides until the department next certifies~~	10791
~~institutions under division (P)(3) of this section.~~	10792

Sec. 125.833. (A) There is hereby established in the	10793
department of administrative services the vehicle management	10794
commission.	10795

(B) The commission shall consist of seven members. One member	10796
shall be an officer or employee of the department of	10797
administrative services who is appointed by the director of	10798
administrative services. One member shall be an officer or	10799
employee of the department of public safety who is appointed by	10800
the director of public safety. The other members shall be two	10801
members of the house of representatives appointed by the speaker	10802
of the house of representatives, two members of the senate	10803
appointed by the president of the senate, and one person with	10804
experience in the vehicle leasing, purchasing, and maintenance	10805
industry in this state appointed by the governor and serving at	10806
the governor's pleasure. The governor shall appoint the	10807
commission's chairperson.	10808

Initial appointments of the members to the commission shall	10809
be made by October 1, 2013, in the manner prescribed in this	10810
section. The initial meeting of the commission shall be held on	10811
that date and twice annually thereafter each year. After the	10812
initial appointments, appointments of legislative members to the	10813
commission shall be made within fifteen days after the	10814
commencement of the first regular session of the general assembly	10815
in the manner prescribed in this section. The terms of legislative	10816
members on the commission shall be for the duration of the session	10817
of the general assembly in which they are appointed. Members shall	10818
continue to serve on the commission until the appointments are	10819
made in the following session of the general assembly, unless they	10820
cease to be members of the general assembly. A vacancy on the	10821
commission shall be filled for the unexpired term in the same	10822
manner as the original appointment.	10823

(C) The commission shall periodically review the	10824
implementation of the fleet management program by the department	10825
of administrative services under section 125.832 of the Revised	10826
Code and may recommend to the department and the general assembly	10827
modifications to the department's procedures and functions and	10828
other statutory changes.	10829

Sec. 125.836. (A) As used in this section:

10830

(1) "Biodiesel," "blended biodiesel," and "diesel fuel" have	10831
the same meanings as in section 125.831 of the Revised Code.	10832

(2) ~~"Credit" means a credit generated by the acquisition of~~	10833
~~alternative fueled vehicles in accordance with the "Energy Policy~~	10834
~~Act of 1992," 106 Stat. 2897, 42 U.S.C. 13257.~~	10835

~~(3)~~ "Incremental cost" means the difference in cost between	10836
blended biodiesel and conventional petroleum-based diesel fuel at	10837
the time the blended biodiesel is purchased.	10838

(B) ~~The department of administrative services shall establish~~	10839
~~and administer a credit banking and selling program. The~~	10840
~~department may sell or trade credits in accordance with procedures~~	10841
~~established pursuant to the "Energy Policy Act of 1992," 106 Stat.~~	10842
~~2897, 42 U.S.C. 13258.~~	10843

~~(C)~~ There is hereby created in the state treasury the	10844
"biodiesel revolving fund," to which shall be credited ~~moneys~~	10845
~~received from the sale of credits under this section, any~~ moneys	10846
appropriated to the fund by the general assembly, and any other	10847
moneys obtained or accepted by the ~~department~~development services	10848
agency for crediting to the fund. Moneys credited to the fund	10849
shall be used to pay for the incremental cost of biodiesel for use	10850
in vehicles owned or leased by the state that use diesel fuel. The	10851
director ~~of administrative services, after consultation with the~~	10852
~~director~~ of development,services may direct the director of	10853
budget and management to transfer available moneys in the	10854
biodiesel revolving fund to the alternative fuel transportation	10855
fund created in section 122.075 of the Revised Code to be used by	10856
the ~~department of~~ development services agency for the purposes	10857
specified in that section.	10858

~~(D) The director of administrative services shall adopt rules~~	10859
~~under Chapter 119. of the Revised Code that are necessary for the~~	10860
~~administration of the credit banking and selling program.~~	10861

Sec. 126.07. Except as provided in division (B) of section	10862
126.21 of the Revised Code, no contract, agreement, or obligation	10863
involving the expenditure of money chargeable to an appropriation,	10864
nor any resolution or order for the expenditure of money	10865
chargeable to an appropriation, shall be valid and enforceable	10866
unless the director of budget and management first certifies that	10867
there is a balance in the appropriation not already obligated to	10868
pay existing obligations, in an amount at least equal to the	10869
portion of the contract, agreement, obligation, resolution, or	10870
order to be performed in the current fiscal year. Any written	10871
contract or agreement entered into by the state shall contain a	10872
clause stating that the obligations of the state are subject to	10873
this section.	10874

The chief administrative officer of a state agency is	10875
responsible for the preaudit and approval of expenditures and	10876
other transactions of the agency. In order to initiate the making	10877
of a payment from the state treasury, the person in a state agency	10878
who requests that the payment be made shall first submit to the	10879
chief administrative officer of the agency all invoices, claims,	10880
vouchers, and other documentation related to the payment. The	10881
chief administrative officer shall examine each voucher and all	10882
other documentation required to support the voucher and determine	10883
whether they meet all the requirements established by the director	10884
of budget and management for making the payment. If they do meet	10885
those requirements, the chief administrative officer shall certify	10886
to the director the approval of the chief administrative officer	10887
for payment.	10888

Prior to drawing a warrant or processing an electronic funds	10889
transfer as provided in section 126.35 of the Revised Code, the	10890
director may review and audit the voucher, any documentation	10891
accompanying the voucher, and any other documentation related to	10892
the transaction that the director may require to determine if the	10893
transaction is in accordance with law. The director shall not	10894
approve payment to be made if the director finds that there is not	10895
an unobligated balance in the appropriation for the payment, that	10896
the payment is not for a valid claim against the state that is	10897
legally due, or that insufficient documentation has been	10898
submitted. If the director does not approve payment, the director	10899
shall notify the agency of the reasons the director has not given	10900
approval.	10901

In approving payments to be made under this section, the	10902
director, upon receipt of certification from the director of job	10903
and family services pursuant to section 4141.231 of the Revised	10904
Code, shall withhold from amounts otherwise payable to a person	10905
who is the subject of the director of jobs and family services'	10906
certification, the amount certified to be due and unpaid to the	10907
director of job and family services, and shall approve for payment	10908
to the director of job and family services, the amount withheld.	10909

As used in this section and in section 126.21 of the Revised	10910
Code, "chief administrative officer" means either of the	10911
following:	10912

(A) The director of the agency or, in the case of a state	10913
agency without a director, the equivalent officer of that agency;	10914

(B) The designee of the chief administrative officer for the	10915
purposes of such sections.	10916

Sec. 126.14. The release of any money appropriated for the	10917
purchase of real estate shall be approved by the controlling	10918
board. The release of money appropriated for all other capital	10919
projects is also subject to the approval of the controlling board,	10920
except that the director of budget and management may approve the	10921
release of money appropriated for specific projects in accordance	10922
with the requirements of this section and except that the director	10923
of budget and management may approve the release of unencumbered	10924
capital balances, for a project to repair, remove, or prevent a	10925
public exigency declared to exist by the executive director of	10926
~~administrative services~~the Ohio facilities construction	10927
commission under section 123.10 of the Revised Code~~, or by the~~	10928
~~executive director of the Ohio facilities construction commission~~	10929
~~under section 123.23 of the Revised Code,~~ in the amount designated	10930
in that declaration.	10931

Within sixty days after the effective date of any act	10932
appropriating money for capital projects, the director shall	10933
determine which appropriations are for general projects and which	10934
are for specific projects. Specific projects may include specific	10935
higher education projects that are to be funded from general	10936
purpose appropriations from the higher education improvement fund	10937
or the higher education improvement taxable fund created in	10938
section 154.21 of the Revised Code. Upon determining which	10939
projects are general and which are specific, the director shall	10940
submit to the controlling board a list that includes a brief	10941
description of and the estimated expenditures for each specific	10942
project. The release of money for any specific higher education	10943
projects that are to be funded from general purpose appropriations	10944
from the higher education improvement fund or the higher education	10945
improvement taxable fund but that are not included on the list,	10946
and the release of money for any specific higher education	10947
projects included on the list that will exceed the estimated	10948
expenditures by more than ten per cent, are subject to the	10949
approval of the controlling board.	10950

The director may create new appropriation items and make	10951
transfers of appropriations to them for specific higher education	10952
projects included on the list that are to be funded from general	10953
purpose appropriations for basic renovations that are made from	10954
the higher education improvement fund or the higher education	10955
improvement taxable fund.	10956

Sec. 126.211. The director of budget and management shall	10957
not release funds to a veterans organization until the director	10958
has been advised by the director of veterans services under	10959
division (Y) of section 5902.02 of the Revised Code that the	10960
organization has submitted a satisfactory report as required by	10961
division (W) of that section.	10962

Sec. 126.32. (A) Any officer of any state agency may	10963
authorize reimbursement for travel, including the costs of	10964
transportation, for lodging, and for meals to any person who is	10965
interviewing for a position that is classified in pay range 13 or	10966
above in schedule E-1 or schedule E-1 for step seven only, or is	10967
classified in schedule E-2, of section 124.152 of the Revised	10968
Code.	10969

(B) If a person is appointed to a position listed in section	10970
121.03 of the Revised Code, to the position of chairperson of the	10971
industrial commission, adjutant general, chancellor of the Ohio	10972
board of regents, superintendent of public instruction,	10973
chairperson of the public utilities commission of Ohio, or	10974
director of the state lottery commission, to a position holding a	10975
fiduciary relationship to the governor, to a position of an	10976
appointing authority of the department of ~~mental health~~mental	10977
health and addiction services, developmental disabilities, or	10978
rehabilitation and correction, to a position of superintendent in	10979
the department of youth services, or to a position under section	10980
122.05 of the Revised Code, and if that appointment requires a	10981
permanent change of residence, the appropriate state agency may	10982
reimburse the person for the person's actual and necessary	10983
expenses, including the cost of in-transit storage of household	10984
goods and personal effects, of moving the person and members of	10985
the person's immediate family residing in the person's household,	10986
and of moving their household goods and personal effects, to the	10987
person's new location.	10988

Until that person moves the person's permanent residence to	10989
the new location, but not for a period that exceeds thirty	10990
consecutive days, the state agency may reimburse the person for	10991
the person's temporary living expenses at the new location that	10992
the person has incurred on behalf of the person and members of the	10993
person's immediate family residing in the person's household. In	10994
addition, the state agency may reimburse that person for the	10995
person's travel expenses between the new location and the person's	10996
former residence during this period for a maximum number of trips	10997
specified by rule of the director of budget and management, but	10998
the state agency shall not reimburse the person for travel	10999
expenses incurred for those trips by members of the person's	11000
immediate family. With the prior written approval of the director,	11001
the maximum thirty-day period for temporary living expenses may be	11002
extended for a person appointed to a position under section 122.05	11003
of the Revised Code.	11004

The director of development services may reimburse a person	11005
appointed to a position under section 122.05 of the Revised Code	11006
for the person's actual and necessary expenses of moving the	11007
person and members of the person's immediate family residing in	11008
the person's household back to the United States and may reimburse	11009
a person appointed to such a position for the cost of storage of	11010
household goods and personal effects of the person and the	11011
person's immediate family while the person is serving outside the	11012
United States, if the person's office outside the United States is	11013
the person's primary job location.	11014

(C) All reimbursement under division (A) or (B) of this	11015
section shall be made in the manner, and at rates that do not	11016
exceed those, provided by rule of the director of budget and	11017
management in accordance with section 111.15 of the Revised Code.	11018
Reimbursements may be made under division (B) of this section	11019
directly to the persons who incurred the expenses or directly to	11020
the providers of goods or services the persons receive, as	11021
determined by the director of budget and management.	11022

Sec. 126.35. (A) The director of budget and management shall	11023
draw warrants or process electronic funds transfers against the	11024
treasurer of state pursuant to all requests for payment that the	11025
director has approved under section 126.07 of the Revised Code.	11026

(B) Unless a cash assistance payment is to be made by	11027
electronic benefit transfer, payment by the director of budget and	11028
management to a participant in the Ohio works first program	11029
pursuant to Chapter 5107. of the Revised Code, a recipient of	11030
disability financial assistance pursuant to Chapter 5115. of the	11031
Revised Code, or a recipient of cash assistance provided under the	11032
refugee assistance program established under section 5101.49 of	11033
the Revised Code shall be made by direct deposit to the account of	11034
the participant or recipient in the financial institution	11035
designated under section 329.03 of the Revised Code. Payment by	11036
the director of budget and management to a recipient of benefits	11037
distributed through the medium of electronic benefit transfer	11038
pursuant to section 5101.33 of the Revised Code shall be by	11039
electronic benefit transfer. Payment by the director of budget and	11040
management as compensation to an employee of the state who has,	11041
pursuant to section 124.151 of the Revised Code, designated a	11042
financial institution and account for the direct deposit of such	11043
payments shall be made by direct deposit to the account of the	11044
employee. Payment to any other payee who has designated a	11045
financial institution and account for the direct deposit of such	11046
payment may be made by direct deposit to the account of the payee	11047
in the financial institution as provided in section 9.37 of the	11048
Revised Code. Accounts maintained by the director of budget and	11049
management or the director's agent in a financial institution for	11050
the purpose of effectuating payment by direct deposit or	11051
electronic benefit transfer shall be maintained in accordance with	11052
section 135.18 of the Revised Code.	11053

(C) All other payments from the state treasury shall be made	11054
by paper warrants, electronic funds transfers, or by direct	11055
deposit payable to the respective payees. The director of budget	11056
and management may mail the paper warrants to the respective	11057
payees or distribute them through other state agencies, whichever	11058
the director determines to be the better procedure.	11059

~~(D) If the average per transaction cost the director of~~	11060
~~budget and management incurs in making direct deposits for a state~~	11061
~~agency exceeds the average per transaction cost the director~~	11062
~~incurs in drawing paper warrants for all public offices during the~~	11063
~~same period of time, the director may certify the difference in~~	11064
~~cost and the number of direct deposits for the agency to the~~	11065
~~director of administrative services. The director of~~	11066
~~administrative services shall reimburse the director of budget and~~	11067
~~management for such additional costs and add the amount to the~~	11068
~~processing charge assessed upon the state agency.~~	11069

Sec. 126.45. (A) As used in sections 126.45 to 126.48 of the	11070
Revised Code, "state agency" means the administrative departments	11071
listed in section 121.02 of the Revised Code, the department of	11072
taxation, the bureau of workers' compensation, ~~and~~ the Ohio board	11073
of regents, the opportunities for Ohioans with disabilities	11074
agency, the public utilities commission of Ohio, the adjutant	11075
general, and the state lottery commission.	11076

(B) The office of internal ~~auditing~~audit is hereby created	11077
in the office of budget and management to ~~conduct~~direct internal	11078
audits of state agencies or divisions of state agencies to improve	11079
their operations in the areas of risk management, internal	11080
controls, and governance. The director of budget and management,	11081
with the approval of the governor, shall appoint for the office of	11082
internal ~~auditing~~audit a chief internal auditor who meets the	11083
qualifications specified in division ~~(C)~~(E) of this section. The	11084
chief internal auditor shall serve at the director's pleasure and	11085
be responsible for the administration of the office of internal	11086
~~auditing~~audit consistent with sections 126.45 to 126.48 of the	11087
Revised Code.	11088

(C) The office of internal ~~auditing~~audit shall conduct	11089
programs for the internal auditing of state agencies. The programs	11090
shall include an annual internal audit plan, reviewed by the state	11091
audit committee, that utilizes risk assessment techniques and	11092
identifies the specific audits to be ~~conducted~~directed during the	11093
year. The programs also shall include periodic audits of each	11094
state agency's major systems and controls, including those systems	11095
and controls pertaining to accounting, administration, and	11096
~~electronic data processing~~information technology. Upon the	11097
request of the office of internal ~~auditing~~audit, each state	11098
agency shall provide office employees access to all records and	11099
documents necessary for the performance of an internal audit.	11100

The director of budget and management shall assess a charge	11101
against each state agency for which the office of internal	11102
~~auditing~~audit conducts internal auditing programs under sections	11103
126.45 to 126.48 of the Revised Code so that the total amount of	11104
these charges is sufficient to cover the costs of the operation of	11105
the office of internal ~~auditing~~audit.	11106

(D) At the request of any other organized body, office, or	11107
agency established by the laws of the state for the exercise of	11108
any function of state government that is not described in division	11109
(A) of this section, the office of internal audit may direct an	11110
internal audit of all or part of that body, office, or agency. The	11111
office of internal audit shall charge an amount sufficient to	11112
cover the costs it incurs in relation to the requested audit.	11113

~~(C)~~(E) The chief internal auditor of the office of internal	11114
~~auditing~~audit shall hold at least a bachelor's degree and be one	11115
of the following:	11116

(1) A certified internal auditor, a certified government	11117
auditing professional, or a certified public accountant, who also	11118
has held a PA registration or a CPA certificate authorized by	11119
Chapter 4701. of the Revised Code for at least four years and has	11120
at least six years of auditing experience;	11121

(2) An auditor who has held a PA registration or a CPA	11122
certificate authorized by Chapter 4701. of the Revised Code for at	11123
least four years and has at least ten years of auditing	11124
experience.	11125

~~(D)~~(F) The chief internal auditor, subject to the direction	11126
and control of the director of budget and management, may appoint	11127
and maintain any staff necessary to carry out the duties assigned	11128
by sections 126.45 to 126.48 of the Revised Code to the office of	11129
internal ~~auditing~~audit or to the chief internal auditor.	11130

Sec. 126.46. (A)(1) There is hereby created the state audit	11131
committee, consisting of the following five members: one public	11132
member appointed by the governor; two public members appointed by	11133
the speaker of the house of representatives, one of which may be a	11134
person who is recommended by the minority leader of the house of	11135
representatives; and two public members appointed by the president	11136
of the senate, one of which may be a person who is recommended by	11137
the minority leader of the senate. Not more than two of the four	11138
members appointed by the speaker of the house of representatives	11139
and the president of the senate shall belong to or be affiliated	11140
with the same political party. The member appointed by the	11141
governor shall have the program and management expertise required	11142
to perform the duties of the committee's chairperson.	11143

Each member of the committee shall be external to the	11144
management structure of state government and shall serve a	11145
three-year term. Each term shall commence on the first day of July	11146
and end on the thirtieth day of June. Any member may continue in	11147
office subsequent to the expiration date of the member's term	11148
until the member's successor takes office or until a period of	11149
ninety days has elapsed, whichever occurs first. Members may be	11150
reappointed to serve one additional term.	11151

On ~~the effective date of the amendment of this section by~~	11152
~~H.B. 153 of the 129th general assembly~~September 29, 2011, the	11153
terms of the members shall be altered as follows:	11154

(a) The terms of the members appointed by the president shall	11155
expire on June 30, 2012.	11156

(b) The term of the member appointed by the speaker scheduled	11157
to expire on November 17, 2012, shall expire on June 30, 2013.	11158

(c) The term of the other member appointed by the speaker	11159
shall expire on June 30, 2014.	11160

(d) The term of the member appointed by the governor shall	11161
expire on June 30, 2014.	11162

The committee shall include at least one member who is a	11163
financial expert; at least one member who is an active, inactive,	11164
or retired certified public accountant; at least one member who is	11165
familiar with governmental financial accounting; at least one	11166
member who is familiar with information technology systems and	11167
services; and at least one member who is a representative of the	11168
public.	11169

Any vacancy on the committee shall be filled in the same	11170
manner as provided in this division, and, when applicable, the	11171
person appointed to fill a vacancy shall serve the remainder of	11172
the predecessor's term.	11173

(2) Members of the committee shall receive reimbursement for	11174
actual and necessary expenses incurred in the discharge of their	11175
duties.	11176

(3) The member of the committee appointed by the governor	11177
shall serve as the committee's chairperson.	11178

(4) Members of the committee shall be subject to the	11179
disclosure statement requirements of section 102.02 of the Revised	11180
Code.	11181

(B) The state audit committee shall do all of the following:

11182

(1) ~~Ensure that~~Evaluate whether the internal audits	11183
~~conducted~~directed by the office of internal ~~auditing~~audit in the	11184
office of budget and management conform to the institute of	11185
internal auditors' international ~~standards for the~~ professional	11186
~~practice of~~practices framework for internal auditing and to the	11187
institute of internal auditors' code of ethics;	11188

(2) Review and comment on the process used by the office of	11189
budget and management to prepare ~~its annual budgetary financial~~	11190
~~report and~~ the state's comprehensive annual financial report	11191
required under division (A)(9) of section 126.21 of the Revised	11192
Code;	11193

(3) Review and comment on unaudited financial statements	11194
submitted to the auditor of state and communicate with external	11195
auditors as required by government auditing standards;	11196

(4) Perform the additional functions imposed upon it by	11197
section 126.47 of the Revised Code.	11198

(C) As used in this section, "financial expert" means a	11199
person who has all of the following:	11200

(1) An understanding of generally accepted accounting	11201
principles and financial statements;	11202

(2) The ability to assess the general application of those	11203
principles in connection with accounting for estimates, accruals,	11204
and reserves;	11205

(3) Experience preparing, auditing, analyzing, or evaluating	11206
financial statements presenting accounting issues that generally	11207
are of comparable breadth and level of complexity to those likely	11208
to be presented by a state agency's financial statements, or	11209
experience actively supervising one or more persons engaged in	11210
those activities;	11211

(4) An understanding of internal controls and procedures for	11212
financial reporting; and	11213

(5) An understanding of audit committee functions.

11214

Sec. 126.47. (A) The state audit committee created by	11215
section 126.46 of the Revised Code shall ensure that the office of	11216
internal ~~auditing~~audit in the office of budget and management has	11217
an annual internal audit plan that identifies the internal audits	11218
of state agencies or divisions of state agencies scheduled for the	11219
next fiscal year. The chief internal auditor of the office of	11220
internal ~~auditing~~audit shall submit the plan to the state audit	11221
committee for review and comment before the beginning of each	11222
fiscal year. The chief internal auditor may submit a revised	11223
internal audit plan for review and comment at any time the	11224
director of budget and management believes there is reason to	11225
modify the previously submitted plan for a fiscal year.	11226

(B) To determine the state agencies or divisions of state	11227
agencies that are to be internally audited, the office of internal	11228
~~auditing~~audit, in the formulation of an annual or revised	11229
internal audit plan, and the state audit committee, in reviewing a	11230
submitted annual or revised internal audit plan, shall consider	11231
the following factors:	11232

(1) The risk for fraud, waste, or abuse of public money	11233
within an agency or division;	11234

(2) The length of time since an agency or division was last	11235
subject to an internal audit;	11236

(3) The size of an agency or division, and the amount of time	11237
and resources necessary to audit it;	11238

(4) Any other factor the state audit committee determines to	11239
be relevant.	11240

(C) All internal audits shall be ~~conducted only~~directed by	11241
employees of the office of internal ~~auditing~~audit.	11242

(D) After the conclusion of an internal audit, the chief	11243
internal auditor shall submit a preliminary report of the internal	11244
audit's findings and recommendations to the state audit committee	11245
and to the director of the state agency involved. The state agency	11246
or division of the state agency covered by the preliminary report	11247
shall be provided an opportunity to respond within thirty days	11248
after receipt of the preliminary report. The response shall	11249
include a corrective action plan for any recommendations in the	11250
preliminary report that are not disputed by the agency or	11251
division. Any response received by the office of internal ~~auditing~~	11252
audit within that thirty-day period shall be included in the	11253
office's final report of the internal audit's findings and	11254
recommendations. The final report shall be issued by the office of	11255
internal ~~auditing~~audit within thirty days after the termination	11256
of the thirty-day response period. Copies of the final report	11257
shall be submitted to the state audit committee, the governor, and	11258
the director of the state agency involved. The state audit	11259
committee shall determine an appropriate method for making the	11260
preliminary and final reports available for public inspection in a	11261
timely manner.	11262

Any suspected fraud or other illegal activity discovered by	11263
the office of internal ~~auditing~~audit during ~~the conduct of~~ an	11264
internal audit shall be reported immediately to the state audit	11265
committee, the director of the state agency in which the fraud or	11266
illegal activity is suspected to have occurred, and the auditor of	11267
state.	11268

(E) The chief internal auditor shall prepare an annual report	11269
and submit the report to the governor, the president of the	11270
senate, the speaker of the house of representatives, and the	11271
auditor of state. The office of budget and management shall make	11272
the report available to the public by posting it on the office's	11273
web site before the first of ~~July~~August of each year.	11274

Sec. 126.48. ~~Any~~(A) Except as provided in division (B) of	11275
this section, any preliminary or final report of an internal	11276
audit's findings and recommendations which is produced by the	11277
office of internal ~~auditing~~audit in the office of budget and	11278
management and all work papers of the internal audit are	11279
confidential and are not public records under section 149.43 of	11280
the Revised Code until the final report of an internal audit's	11281
findings and recommendations is submitted to the state audit	11282
committee, the governor, and the director of the state agency	11283
involved.	11284

(B) The following are not public records under section 149.43	11285
of the Revised Code:	11286

(1) An internal audit report that meets the definition of a	11287
security record under section 149.433 of the Revised Code;	11288

(2) Any information derived from a state tax return or state	11289
tax return information as permitted to be used by the office of	11290
internal audit under section 5703.21 of the Revised Code.	11291

Sec. 127.14. The controlling board may, at the request of	11292
any state agency or the director of budget and management,	11293
authorize, with respect to the provisions of any appropriation	11294
act:	11295

(A) Transfers of all or part of an appropriation within but	11296
not between state agencies, except such transfers as the director	11297
of budget and management is authorized by law to make, provided	11298
that no transfer shall be made by the director for the purpose of	11299
effecting new or changed levels of program service not authorized	11300
by the general assembly;	11301

(B) Transfers of all or part of an appropriation from one	11302
fiscal year to another;	11303

(C) Transfers of all or part of an appropriation within or	11304
between state agencies made necessary by administrative	11305
reorganization or by the abolition of an agency or part of an	11306
agency;	11307

(D) Transfers of all or part of cash balances in excess of	11308
needs from any fund of the state to the general revenue fund or to	11309
such other fund of the state to which the money would have been	11310
credited in the absence of the fund from which the transfers are	11311
authorized to be made, except that the controlling board may not	11312
authorize such transfers from the accrued leave liability fund,	11313
auto registration distribution fund, local motor vehicle license	11314
tax fund, budget stabilization fund, building improvement fund,	11315
development bond retirement fund, facilities establishment fund,	11316
gasoline excise tax fund, general revenue fund, higher education	11317
improvement fund, highway improvement bond retirement fund,	11318
highway obligations bond retirement fund, highway capital	11319
improvement fund, highway operating fund, horse racing tax fund,	11320
improvements bond retirement fund, public library fund, liquor	11321
control fund, local government fund, local transportation	11322
improvement program fund, mental health facilities improvement	11323
fund, Ohio fairs fund, parks and recreation improvement fund,	11324
public improvements bond retirement fund, school district income	11325
tax fund, state agency facilities improvement fund, state and	11326
local government highway distribution fund, state highway safety	11327
fund, state lottery fund, undivided liquor permit fund, Vietnam	11328
conflict compensation bond retirement fund, volunteer fire	11329
fighters' dependents fund, waterways safety fund, wildlife fund,	11330
workers' compensation fund, or any fund not specified in this	11331
division that the director of budget and management determines to	11332
be a bond fund or bond retirement fund;	11333

(E) Transfers of all or part of those appropriations included	11334
in the emergency purposes account of the controlling board;	11335

(F) Temporary transfers of all or part of an appropriation or	11336
other moneys into and between existing funds, or new funds, as may	11337
be established by law when needed for capital outlays for which	11338
notes or bonds will be issued;	11339

(G) Transfer or release of all or part of an appropriation to	11340
a state agency requiring controlling board approval of such	11341
transfer or release as provided by law;	11342

(H) Temporary transfer of funds included in the emergency	11343
purposes appropriation of the controlling board. Such temporary	11344
transfers may be made subject to conditions specified by the	11345
controlling board at the time temporary transfers are authorized.	11346
No transfers shall be made under this division for the purpose of	11347
effecting new or changed levels of program service not authorized	11348
by the general assembly.	11349

As used in this section, "request" means an application by a	11350
state agency or the director of budget and management seeking some	11351
action by the controlling board.	11352

When authorizing the transfer of all or part of an	11353
appropriation under this section, the controlling board may	11354
authorize the transfer to an existing appropriation item and the	11355
creation of and transfer to a new appropriation item.	11356

Whenever there is a transfer of all or part of funds included	11357
in the emergency purposes appropriation by the controlling board,	11358
pursuant to division (E) of this section, the state agency or the	11359
director of budget and management receiving such transfer shall	11360
keep a detailed record of the use of the transferred funds. At the	11361
earliest scheduled meeting of the controlling board following the	11362
accomplishment of the purposes specified in the request originally	11363
seeking the transfer, or following the total expenditure of the	11364
transferred funds for the specified purposes, the state agency or	11365
the director of budget and management shall submit a report on the	11366
expenditure of such funds to the board. The portion of any	11367
appropriation so transferred which is not required to accomplish	11368
the purposes designated in the original request to the controlling	11369
board shall be returned to the proper appropriation of the	11370
controlling board at this time.	11371

Notwithstanding any provisions of law providing for the	11372
deposit of revenues received by a state agency to the credit of a	11373
particular fund in the state treasury, whenever there is a	11374
temporary transfer of funds included in the emergency purposes	11375
appropriation of the controlling board pursuant to division (H) of	11376
this section, revenues received by any state agency receiving such	11377
a temporary transfer of funds shall, as directed by the	11378
controlling board, be transferred back to the emergency purposes	11379
appropriation.	11380

The board may delegate to the director of budget and	11381
management authority to approve transfers among items of	11382
appropriation under division (A) of this section.	11383

Sec. 127.16. (A) Upon the request of either a state agency	11384
or the director of budget and management and after the controlling	11385
board determines that an emergency or a sufficient economic reason	11386
exists, the controlling board may approve the making of a purchase	11387
without competitive selection as provided in division (B) of this	11388
section.	11389

(B) Except as otherwise provided in this section, no state	11390
agency, using money that has been appropriated to it directly,	11391
shall:	11392

(1) Make any purchase from a particular supplier, that would	11393
amount to fifty thousand dollars or more when combined with both	11394
the amount of all disbursements to the supplier during the fiscal	11395
year for purchases made by the agency and the amount of all	11396
outstanding encumbrances for purchases made by the agency from the	11397
supplier, unless the purchase is made by competitive selection or	11398
with the approval of the controlling board;	11399

(2) Lease real estate from a particular supplier, if the	11400
lease would amount to seventy-five thousand dollars or more when	11401
combined with both the amount of all disbursements to the supplier	11402
during the fiscal year for real estate leases made by the agency	11403
and the amount of all outstanding encumbrances for real estate	11404
leases made by the agency from the supplier, unless the lease is	11405
made by competitive selection or with the approval of the	11406
controlling board.	11407

(C) Any person who authorizes a purchase in violation of	11408
division (B) of this section shall be liable to the state for any	11409
state funds spent on the purchase, and the attorney general shall	11410
collect the amount from the person.	11411

(D) Nothing in division (B) of this section shall be	11412
construed as:	11413

(1) A limitation upon the authority of the director of	11414
transportation as granted in sections 5501.17, 5517.02, and	11415
5525.14 of the Revised Code;	11416

(2) Applying to medicaid provider agreements under ~~Chapter~~	11417
~~5111. of~~ the ~~Revised Code~~medicaid program;	11418

(3) Applying to the purchase of examinations from a sole	11419
supplier by a state licensing board under Title XLVII of the	11420
Revised Code;	11421

(4) Applying to entertainment contracts for the Ohio state	11422
fair entered into by the Ohio expositions commission, provided	11423
that the controlling board has given its approval to the	11424
commission to enter into such contracts and has approved a total	11425
budget amount for such contracts as agreed upon by commission	11426
action, and that the commission causes to be kept itemized records	11427
of the amounts of money spent under each contract and annually	11428
files those records with the clerk of the house of representatives	11429
and the clerk of the senate following the close of the fair;	11430

(5) Limiting the authority of the chief of the division of	11431
mineral resources management to contract for reclamation work with	11432
an operator mining adjacent land as provided in section 1513.27 of	11433
the Revised Code;	11434

(6) Applying to investment transactions and procedures of any	11435
state agency, except that the agency shall file with the board the	11436
name of any person with whom the agency contracts to make, broker,	11437
service, or otherwise manage its investments, as well as the	11438
commission, rate, or schedule of charges of such person with	11439
respect to any investment transactions to be undertaken on behalf	11440
of the agency. The filing shall be in a form and at such times as	11441
the board considers appropriate.	11442

(7) Applying to purchases made with money for the per cent	11443
for arts program established by section 3379.10 of the Revised	11444
Code;	11445

(8) Applying to purchases made by the ~~rehabilitation services~~	11446
~~commission~~opportunities for Ohioans with disabilities agency of	11447
services, or supplies, that are provided to persons with	11448
disabilities, or to purchases made by the ~~commission~~agency in	11449
connection with the eligibility determinations it makes for	11450
applicants of programs administered by the social security	11451
administration;	11452

(9) Applying to payments by the department of ~~job and family~~	11453
~~services~~medicaid under section ~~5111.13~~5164.85 of the Revised	11454
Code for group health plan premiums, deductibles, coinsurance, and	11455
other cost-sharing expenses;	11456

(10) Applying to any agency of the legislative branch of the	11457
state government;	11458

(11) Applying to agreements or contracts entered into under	11459
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	11460
Revised Code;	11461

(12) Applying to purchases of services by the adult parole	11462
authority under section 2967.14 of the Revised Code or by the	11463
department of youth services under section 5139.08 of the Revised	11464
Code;	11465

(13) Applying to dues or fees paid for membership in an	11466
organization or association;	11467

(14) Applying to purchases of utility services pursuant to	11468
section 9.30 of the Revised Code;	11469

(15) Applying to purchases made in accordance with rules	11470
adopted by the department of administrative services of motor	11471
vehicle, aviation, or watercraft fuel, or emergency repairs of	11472
such vehicles;	11473

(16) Applying to purchases of tickets for passenger air	11474
transportation;	11475

(17) Applying to purchases necessary to provide public	11476
notifications required by law or to provide notifications of job	11477
openings;	11478

(18) Applying to the judicial branch of state government;

11479

(19) Applying to purchases of liquor for resale by the	11480
division of liquor control;	11481

(20) Applying to purchases of motor courier and freight	11482
services made in accordance with department of administrative	11483
services rules;	11484

(21) Applying to purchases from the United States postal	11485
service and purchases of stamps and postal meter replenishment	11486
from vendors at rates established by the United States postal	11487
service;	11488

(22) Applying to purchases of books, periodicals, pamphlets,	11489
newspapers, maintenance subscriptions, and other published	11490
materials;	11491

(23) Applying to purchases from other state agencies,	11492
including state-assisted institutions of higher education or the	11493
Ohio historical society;	11494

(24) Limiting the authority of the director of environmental	11495
protection to enter into contracts under division (D) of section	11496
3745.14 of the Revised Code to conduct compliance reviews, as	11497
defined in division (A) of that section;	11498

(25) Applying to purchases from a qualified nonprofit agency	11499
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	11500
the Revised Code;	11501

(26) Applying to payments by the department of job and family	11502
services to the United States department of health and human	11503
services for printing and mailing notices pertaining to the tax	11504
refund offset program of the internal revenue service of the	11505
United States department of the treasury;	11506

(27) Applying to contracts entered into by the department of	11507
developmental disabilities under section 5123.18 of the Revised	11508
Code;	11509

(28) Applying to payments made by the department of ~~mental~~	11510
~~health~~mental health and addiction services under a physician	11511
recruitment program authorized by section ~~5119.101~~5119.185 of	11512
the Revised Code;	11513

(29) Applying to contracts entered into with persons by the	11514
director of commerce for unclaimed funds collection and remittance	11515
efforts as provided in division (F) of section 169.03 of the	11516
Revised Code. The director shall keep an itemized accounting of	11517
unclaimed funds collected by those persons and amounts paid to	11518
them for their services.	11519

(30) Applying to purchases made by a state institution of	11520
higher education in accordance with the terms of a contract	11521
between the vendor and an inter-university purchasing group	11522
comprised of purchasing officers of state institutions of higher	11523
education;	11524

(31) Applying to the department of ~~job and family services'~~	11525
medicaid's purchases of health assistance services under the	11526
children's health insurance program ~~part I provided for under~~	11527
~~section 5101.50 of the Revised Code, the children's health~~	11528
~~insurance program part II provided for under section 5101.51 of~~	11529
~~the Revised Code, or the children's health insurance program part~~	11530
~~III provided for under section 5101.52 of the Revised Code~~;	11531

(32) Applying to payments by the attorney general from the	11532
reparations fund to hospitals and other emergency medical	11533
facilities for performing medical examinations to collect physical	11534
evidence pursuant to section 2907.28 of the Revised Code;	11535

(33) Applying to contracts with a contracting authority or	11536
administrative receiver under division (B) of section 5126.056 of	11537
the Revised Code;	11538

(34) Applying to purchases of goods and services by the	11539
department of veterans services in accordance with the terms of	11540
contracts entered into by the United States department of veterans	11541
affairs;	11542

(35) Applying to payments by the superintendent of the bureau	11543
of criminal identification and investigation to the federal bureau	11544
of investigation for criminal records checks pursuant to section	11545
109.572 of the Revised Code;	11546

(36) Applying to contracts entered into by the department of	11547
~~job and family services~~medicaid under section ~~5111.054~~5164.47 of	11548
the Revised Code;	11549

(37) Applying to contracts entered into under section 5160.12	11550
of the Revised Code;	11551

(38) Applying to payments to the Ohio historical society from	11552
other state agencies.	11553

(E) When determining whether a state agency has reached the	11554
cumulative purchase thresholds established in divisions (B)(1) and	11555
(2) of this section, all of the following purchases by such agency	11556
shall not be considered:	11557

(1) Purchases made through competitive selection or with	11558
controlling board approval;	11559

(2) Purchases listed in division (D) of this section;

11560

(3) For the purposes of the threshold of division (B)(1) of	11561
this section only, leases of real estate.	11562

(F) As used in this section, "competitive selection,"	11563
"purchase," "supplies," and "services" have the same meanings as	11564
in section 125.01 of the Revised Code.	11565

~~Sec. 5507.01.~~ Sec. 128.01. As used in this chapter:

11566

(A) "9-1-1 system" means a system through which individuals	11567
can request emergency service using the telephone number 9-1-1.	11568

(B) "Basic 9-1-1" means a 9-1-1 system in which a caller	11569
provides information on the nature of and the location of an	11570
emergency, and the personnel receiving the call must determine the	11571
appropriate emergency service provider to respond at that	11572
location.	11573

(C) "Enhanced 9-1-1" means a 9-1-1 system capable of	11574
providing both enhanced wireline 9-1-1 and wireless enhanced	11575
9-1-1.	11576

(D) "Enhanced wireline 9-1-1" means a 9-1-1 system in which	11577
the wireline telephone network, in providing wireline 9-1-1,	11578
automatically routes the call to emergency service providers that	11579
serve the location from which the call is made and immediately	11580
provides to personnel answering the 9-1-1 call information on the	11581
location and the telephone number from which the call is being	11582
made.	11583

(E) "Wireless enhanced 9-1-1" means a 9-1-1 system that, in	11584
providing wireless 9-1-1, has the capabilities of phase I and, to	11585
the extent available, phase II enhanced 9-1-1 services as	11586
described in 47 C.F.R. 20.18 (d) to (h).	11587

(F)(1) "Wireless service" means federally licensed commercial	11588
mobile service as defined in 47 U.S.C. 332(d) and further defined	11589
as commercial mobile radio service in 47 C.F.R. 20.3, and includes	11590
service provided by any wireless, two-way communications device,	11591
including a radio-telephone communications line used in cellular	11592
telephone service or personal communications service, a network	11593
radio access line, or any functional or competitive equivalent of	11594
such a radio-telephone communications or network radio access	11595
line.	11596

(2) Nothing in this chapter applies to paging or any service	11597
that cannot be used to call 9-1-1.	11598

(G) "Wireless service provider" means a facilities-based	11599
provider of wireless service to one or more end users in this	11600
state.	11601

(H) "Wireless 9-1-1" means the emergency calling service	11602
provided by a 9-1-1 system pursuant to a call originating in the	11603
network of a wireless service provider.	11604

(I) "Wireline 9-1-1" means the emergency calling service	11605
provided by a 9-1-1 system pursuant to a call originating in the	11606
network of a wireline service provider.	11607

(J) "Wireline service provider" means a facilities-based	11608
provider of wireline service to one or more end-users in this	11609
state.	11610

(K) "Wireline service" means basic local exchange service, as	11611
defined in section 4927.01 of the Revised Code, that is	11612
transmitted by means of interconnected wires or cables by a	11613
wireline service provider authorized by the public utilities	11614
commission.	11615

(L) "Wireline telephone network" means the selective router	11616
and data base processing systems, trunking and data wiring cross	11617
connection points at the public safety answering point, and all	11618
other voice and data components of the 9-1-1 system.	11619

(M) "Subdivision" means a county, municipal corporation,	11620
township, township fire district, joint fire district, township	11621
police district, joint police district, joint ambulance district,	11622
or joint emergency medical services district that provides	11623
emergency service within its territory, or that contracts with	11624
another municipal corporation, township, or district or with a	11625
private entity to provide such service; and a state college or	11626
university, port authority, or park district of any kind that	11627
employs law enforcement officers that act as the primary police	11628
force on the grounds of the college or university or port	11629
authority or in the parks operated by the district.	11630

(N) "Emergency service" means emergency law enforcement,	11631
firefighting, ambulance, rescue, and medical service.	11632

(O) "Emergency service provider" means the state highway	11633
patrol and an emergency service department or unit of a	11634
subdivision or that provides emergency service to a subdivision	11635
under contract with the subdivision.	11636

(P) "Public safety answering point" means a facility to which	11637
9-1-1 system calls for a specific territory are initially routed	11638
for response and where personnel respond to specific requests for	11639
emergency service by directly dispatching the appropriate	11640
emergency service provider, relaying a message to the appropriate	11641
provider, or transferring the call to the appropriate provider.	11642

(Q) "Customer premises equipment" means telecommunications	11643
equipment, including telephone instruments, on the premises of a	11644
public safety answering point that is used in answering and	11645
responding to 9-1-1 system calls.	11646

(R) "Municipal corporation in the county" includes any	11647
municipal corporation that is wholly contained in the county and	11648
each municipal corporation located in more than one county that	11649
has a greater proportion of its territory in the county to which	11650
the term refers than in any other county.	11651

(S) "Board of county commissioners" includes the legislative	11652
authority of a county established under Section 3 of Article X,	11653
Ohio Constitution, or Chapter 302. of the Revised Code.	11654

(T) "Final plan" means a final plan adopted under division	11655
(B) of section ~~5507.08~~128.08 of the Revised Code and, except as	11656
otherwise expressly provided, an amended final plan adopted under	11657
section ~~5507.12~~128.12 of the Revised Code.	11658

(U) "Subdivision served by a public safety answering point"	11659
means a subdivision that provides emergency service for any part	11660
of its territory that is located within the territory of a public	11661
safety answering point whether the subdivision provides the	11662
emergency service with its own employees or pursuant to a	11663
contract.	11664

(V) A township's population includes only population of the	11665
unincorporated portion of the township.	11666

(W) "Telephone company" means a company engaged in the	11667
business of providing local exchange telephone service by making	11668
available or furnishing access and a dial tone to persons within a	11669
local calling area for use in originating and receiving voice	11670
grade communications over a switched network operated by the	11671
provider of the service within the area and gaining access to	11672
other telecommunications services. "Telephone company" includes a	11673
wireline service provider and a wireless service provider unless	11674
otherwise expressly specified. For purposes of sections ~~5507.25~~	11675
128.25 and ~~5507.26~~128.26 of the Revised Code, "telephone company"	11676
means a wireline service provider.	11677

(X) "Prepaid wireless calling service" has the same meaning	11678
as in division (AA)(5) of section 5739.01 of the Revised Code.	11679

(Y) "Provider of a prepaid wireless calling service" means a	11680
wireless service provider that provides a prepaid wireless calling	11681
service.	11682

(Z) "Retail sale" has the same meaning as in section 5739.01	11683
of the Revised Code.	11684

(AA) "Seller" means a person that sells a prepaid wireless	11685
calling service to another person by retail sale.	11686

(BB) "Consumer" means the person for whom the prepaid	11687
wireless calling service is provided, to whom the transfer	11688
effected or license given by a sale is or is to be made or given,	11689
to whom the prepaid wireless calling service is charged, or to	11690
whom the admission is granted.	11691

(CC) "Reseller" means a nonfacilities-based provider of	11692
wireless service that provides wireless service under its own name	11693
to one or more end users in this state using the network of a	11694
wireless service provider.	11695

(DD) "Steering committee" means the statewide emergency	11696
services internet protocol network steering committee established	11697
by division (A)(1) of section 128.02 of the Revised Code.	11698

~~Sec. 5507.02.~~ Sec. 128.02. (A)(1) There is hereby created the	11699
statewide emergency services internet protocol network steering	11700
committee, consisting of the following ten members:	11701

(a) The state chief information officer or the officer's	11702
designee;	11703

(b) Two members of the house of representatives appointed by	11704
the speaker, one from the majority party and one from the minority	11705
party;	11706

(c) Two members of the senate appointed by the president, one	11707
from the majority party and one from the minority party;	11708

(d) Five members appointed by the governor.

11709

(2) In appointing the five members under division (A)(1)(d)	11710
of this section, the governor shall appoint two representatives of	11711
the county commissioners' association of Ohio or a successor	11712
organization, two representatives of the Ohio municipal league or	11713
a successor organization, and one representative of the Ohio	11714
township association or a successor organization. For each of	11715
these appointments, the governor shall consider a nominee proposed	11716
by the association or successor organization. The governor may	11717
reject any of the nominees and may request that a nominating	11718
entity submit alternative nominees.	11719

(3) Initial appointments shall be made not later than ten	11720
days after September 28, 2012.	11721

(B)(1) The state chief information officer or the officer's	11722
designee shall serve as the chairperson of the steering committee	11723
and shall be a nonvoting member. All other members shall be voting	11724
members.	11725

(2) A member of the steering committee appointed from the	11726
membership of the senate or the house of representatives shall	11727
serve during the member's term as a member of the general assembly	11728
and until a successor is appointed and qualified, notwithstanding	11729
adjournment of the general assembly or the expiration of the	11730
member's term as a member of the general assembly.	11731

(3) The initial terms of one of the representatives of the	11732
county commissioners' association of Ohio, one of the	11733
representatives of the Ohio municipal league, and the	11734
representative of the Ohio township association shall all expire	11735
on December 31, 2016. The initial terms of the other	11736
representatives of the county commissioners' association of Ohio	11737
and the Ohio municipal league shall expire on December 31, 2014.	11738
Thereafter, terms of the members appointed by the governor shall	11739
be for four years, with each term ending on the same day of the	11740
same month as the term it succeeds. Each member appointed by the	11741
governor shall hold office from the date of the member's	11742
appointment until the end of the term for which the member was	11743
appointed, and may be reappointed. A member appointed by the	11744
governor shall continue in office after the expiration date of the	11745
member's term until the member's successor takes office or until a	11746
period of sixty days has elapsed, whichever occurs first. Members	11747
appointed by the governor shall serve without compensation and	11748
shall not be reimbursed for expenses.	11749

(4) A vacancy in the position of any member of the steering	11750
committee shall be filled for the unexpired term in the same	11751
manner as the original appointment.	11752

(C) The steering committee shall generally advise the state	11753
on the implementation, operation, and maintenance of a statewide	11754
emergency services internet protocol network that would support	11755
state and local government next-generation 9-1-1 and the dispatch	11756
of emergency service providers. The steering committee shall do	11757
all of the following:	11758

(1) On or before May 15, 2013, deliver an initial report to	11759
the speaker of the house of representatives, the president of the	11760
senate, and the governor providing recommendations for the state	11761
to address the development of a statewide emergency services	11762
internet protocol network, which recommendations shall include a	11763
review of the current funding model for this state's 9-1-1 systems	11764
and may include a recommendation for a reduction in wireless 9-1-1	11765
charges;	11766

(2) Examine the readiness of the state's current technology	11767
infrastructure for a statewide emergency services internet	11768
protocol network;	11769

(3) Research legislative authority with regard to governance	11770
and funding of a statewide emergency services internet protocol	11771
network, and provide recommendations on best practices to limit	11772
duplicative efforts to ensure an effective transition to	11773
next-generation 9-1-1;	11774

(4) Make recommendations for consolidation of	11775
public-safety-answering-point operations in this state, including	11776
recommendations for accelerating the consolidation schedule	11777
established in section ~~5507.571~~128.571 of the Revised Code, to	11778
accommodate next-generation 9-1-1 technology and to facilitate a	11779
more efficient and effective emergency services system;	11780

(5) Recommend policies, procedures, and statutory or	11781
regulatory authority to effectively govern a statewide emergency	11782
services internet protocol network;	11783

(6) Designate a next-generation 9-1-1 statewide coordinator	11784
to serve as the primary point of contact for federal initiatives;	11785

(7) Coordinate with statewide initiatives and associations	11786
such as the state interoperable executive committee, the Ohio	11787
geographically referenced information program council, the Ohio	11788
multi-agency radio communications system steering committee, and	11789
other interested parties;	11790

(8) Serve as the entity responsible for the administration of	11791
Chapter 128. of the Revised Code.	11792

(D)(1) ~~Not later than February 15, 2013, each chairperson of~~	11793
~~a countywide 9-1-1 planning committee or the chairperson's~~	11794
~~designee shall report the following information~~A 9-1-1 service	11795
provider shall provide to the steering committee:	11796

(a) The aggregate number of access lines that the provider	11797
maintains within the state of Ohio;	11798

(b) The aggregate amount of costs and cost recovery	11799
associated with providing 9-1-1 service, including coverage under	11800
tariffs and bill and keep arrangements within this state;	11801

(c) Any other information requested by the steering committee	11802
deemed necessary to support the transition to next generation	11803
9-1-1.	11804

(2) Any political subdivision or governmental entity	11805
operating a public safety answering point shall provide to the	11806
steering committee:	11807

(a) The geographic location and population of the area for	11808
which the planning committee is responsible;	11809

(b) Statistics detailing the number of 9-1-1 calls received;

11810

(c) A report of expenditures made from disbursements ~~from the~~	11811
~~wireless~~for 9-1-1 ~~government assistance fund~~;	11812

(d) An inventory of and the technical specifications for the	11813
current 9-1-1 network and equipment;	11814

(e) Any other information requested by the steering committee	11815
that is deemed necessary to support the transition to next	11816
generation 9-1-1.	11817

~~(2)(a) If, by February 15, 2013, a countywide 9-1-1 planning~~	11818
~~committee fails to provide to the steering committee the~~	11819
~~information required under division (D)(1) of this section, the~~	11820
~~steering committee shall notify the Ohio 9-1-1 coordinator of the~~	11821
~~failure and the coordinator shall suspend disbursements from the~~	11822
~~wireless 9-1-1 government assistance fund to that county.~~	11823
~~Disbursements to the county shall resume after the steering~~	11824
~~committee receives the required information and notifies the~~	11825
~~coordinator that the requirement has been met.~~	11826

~~(b) Beginning January 1, 2014, the notification that the~~	11827
~~steering committee has received the required information shall be~~	11828
~~sent to the tax commissioner, and the disbursements to the county~~	11829
~~shall resume after the tax commissioner receives that notice~~	11830

(3) The information requested under divisions (D)(1) and (2)	11831
of this section shall be provided by the 9-1-1 service provider,	11832
political subdivision, or governmental entity within forty-five	11833
days of the request of the steering committee.	11834

(E) The steering committee shall hold its inaugural meeting	11835
not later than thirty days after September 28, 2012. Thereafter,	11836
the steering committee shall meet at least once a month, either in	11837
person or utilizing telecommunication-conferencing technology. A	11838
majority of the voting members shall constitute a quorum.	11839

(F)(1) The steering committee shall have a permanent	11840
technical-standards subcommittee and a permanent	11841
public-safety-answering-point-operations subcommittee, and may,	11842
from time to time, establish additional subcommittees, to advise	11843
and assist the steering committee based upon the subcommittees'	11844
areas of expertise.	11845

(2) The membership of subcommittees shall be determined by	11846
the steering committee.	11847

(a) The technical-standards subcommittee shall include one	11848
member representing a wireline or wireless service provider that	11849
participates in the state's 9-1-1 system, one representative of	11850
the Ohio academic resources network, one representative of the	11851
Ohio multi-agency radio communications system steering committee,	11852
one representative of the Ohio geographically referenced	11853
information program, and one member representing each of the	11854
following associations selected by the steering committee from	11855
nominations received from that association:	11856

(i) The Ohio telephone association;

11857

(ii) The Ohio chapter of the association of public-safety	11858
communications officials;	11859

(iii) The Ohio chapter of the national emergency number	11860
association.	11861

(b) The public-safety-answering-point-operations subcommittee	11862
shall include one member representing the division of emergency	11863
management of the department of public safety, one member	11864
representing the state highway patrol, two members recommended by	11865
the county commissioners' association of Ohio who are managers of	11866
public safety answering points, two members recommended by the	11867
Ohio municipal league who are managers of public safety answering	11868
points, and one member from each of the following associations	11869
selected by the steering committee from nominations received from	11870
that association:	11871

(i) The buckeye state sheriffs' association;

11872

(ii) The Ohio association of chiefs of police;

11873

(iii) The Ohio association of fire chiefs;

11874

(iv) The Ohio chapter of the association of public-safety	11875
communications officials;	11876

(v) The Ohio chapter of the national emergency number	11877
association.	11878

(G) The committee is not an agency, as defined in section	11879
101.82 of the Revised Code, for purposes of sections 101.82 to	11880
101.87 of the Revised Code.	11881

(H) As used in this section, "9-1-1 system," "wireless	11882
service provider," "wireline service provider," "emergency service	11883
provider," and "public safety answering point" have the same	11884
meanings as in section ~~5507.01~~128.01 of the Revised Code.	11885

(I) As used in this section, "bill and keep arrangements" has	11886
the same meaning as in 47 C.F.R. 51.713.	11887

~~Sec. 5507.021.~~ Sec. 128.021. Not later than January 1, 2014, and	11888
in accordance with Chapter 119. of the Revised Code, the ~~statewide~~	11889
~~emergency services internet protocol network~~ steering committee	11890
shall adopt rules that establish technical and operational	11891
standards for public safety answering points eligible to receive	11892
disbursements under section ~~5507.55~~128.55 of the Revised Code.	11893
The rules shall incorporate industry standards and best practices	11894
for wireless 9-1-1 services. Public safety answering points shall	11895
comply with the standards not later than two years after the	11896
effective date of the rules adopting the standards.	11897

~~Sec. 5507.022.~~ Sec. 128.022. The ~~statewide emergency services~~	11898
~~internet protocol network~~ steering committee shall establish	11899
guidelines for the tax commissioner to use when disbursing money	11900
from the next generation 9-1-1 fund to countywide 9-1-1 systems in	11901
the state. The guidelines shall be consistent with the standards	11902
adopted in section ~~5507.021~~128.021 of the Revised Code and shall	11903
specify that disbursements may be used for costs associated with	11904
the operation of and equipment for phase II wireless systems and	11905
for costs associated with a county's migration to next generation	11906
9-1-1 systems and technology.	11907

~~Sec. 5507.03.~~ Sec. 128.03. (A)(1) A countywide 9-1-1 system shall	11908
include all of the territory of the townships and municipal	11909
corporations in the county and any portion of such a municipal	11910
corporation that extends into an adjacent county.	11911

(2) The system shall exclude any territory served by a	11912
wireline service provider that is not capable of reasonably	11913
meeting the technical and economic requirements of providing the	11914
wireline telephone network portion of the countywide system for	11915
that territory. The system shall exclude from enhanced 9-1-1 any	11916
territory served by a wireline service provider that is not	11917
capable of reasonably meeting the technical and economic	11918
requirements of providing the wireline telephone network portion	11919
of enhanced 9-1-1 for that territory. If a 9-1-1 planning	11920
committee and a wireline service provider do not agree on whether	11921
the provider is so capable, the planning committee shall notify	11922
the ~~department of public safety~~steering committee, and the	11923
~~department~~steering committee shall determine whether the wireline	11924
service provider is so capable. The planning committee shall	11925
ascertain whether such disagreement exists before making its	11926
implementation proposal under division (A) of section ~~5507.07~~	11927
128.07 of the Revised Code. The ~~department's~~steering committee's	11928
determination shall be in the form of an order. No final plan	11929
shall require a wireline service provider to provide the wireline	11930
telephone network portion of a 9-1-1 system that the ~~department~~	11931
steering committee has determined the provider is not reasonably	11932
capable of providing.	11933

(B) A countywide 9-1-1 system may be a basic or enhanced	11934
9-1-1 system, or a combination of the two, and shall be for the	11935
purpose of providing both wireline 9-1-1 and wireless 9-1-1.	11936

(C) Every emergency service provider that provides emergency	11937
service within the territory of a countywide 9-1-1 system shall	11938
participate in the countywide system.	11939

(D)(1) Each public safety answering point shall be operated	11940
by a subdivision or a regional council of governments and shall be	11941
operated constantly.	11942

(2) A subdivision or a regional council of governments that	11943
operates a public safety answering point shall pay all of the	11944
costs associated with establishing, equipping, furnishing,	11945
operating, and maintaining that facility and shall allocate those	11946
costs among itself and the subdivisions served by the answering	11947
point based on the allocation formula in a final plan. The	11948
wireline service provider or other entity that provides or	11949
maintains the customer premises equipment shall bill the operating	11950
subdivision or the operating regional council of governments for	11951
the cost of providing such equipment, or its maintenance. A	11952
wireless service provider and a subdivision or regional council of	11953
governments operating a public safety answering point may enter	11954
into a service agreement for providing wireless enhanced 9-1-1	11955
pursuant to a final plan adopted under this chapter.	11956

(E) Except to the extent provided in a final plan that	11957
provides for funding of a 9-1-1 system in part through charges	11958
imposed under section ~~5507.22~~128.22 of the Revised Code, each	11959
subdivision served by a public safety answering point shall pay	11960
the subdivision or regional council of governments that operates	11961
the answering point the amount computed in accordance with the	11962
allocation formula set forth in the final plan.	11963

(F) Notwithstanding any other provision of law, the purchase	11964
or other acquisition, installation, and maintenance of the	11965
telephone network for a 9-1-1 system and the purchase or other	11966
acquisition, installation, and maintenance of customer premises	11967
equipment at a public safety answering point made in compliance	11968
with a final plan or an agreement under section ~~5507.09~~128.09 of	11969
the Revised Code, including customer premises equipment used to	11970
provide wireless enhanced 9-1-1, are not subject to any	11971
requirement of competitive bidding.	11972

(G) Each emergency service provider participating in a	11973
countywide 9-1-1 system shall maintain a telephone number in	11974
addition to 9-1-1.	11975

(H) Whenever a final plan provides for the implementation of	11976
basic 9-1-1, the planning committee shall so notify the ~~department~~	11977
~~of public safety~~steering committee, which shall determine whether	11978
the wireline service providers serving the territory covered by	11979
the plan are capable of reasonably meeting the technical and	11980
economic requirements of providing the wireline telephone network	11981
portion of an enhanced 9-1-1 system. The determination shall be	11982
made solely for purposes of division (C)(2) of section ~~5507.18~~	11983
128.18 of the Revised Code.	11984

(I) If the public safety answering point personnel reasonably	11985
determine that a 9-1-1 call is not an emergency, the personnel	11986
shall provide the caller with the telephone number of an	11987
appropriate subdivision agency as applicable.	11988

(J) A final plan adopted under this chapter, or an agreement	11989
under section ~~5507.09~~128.09 of the Revised Code, may provide	11990
that, by further agreement included in the plan or agreement, the	11991
state highway patrol or one or more public safety answering points	11992
of another 9-1-1 system is the public safety answering point or	11993
points for the provision of wireline or wireless 9-1-1 for all or	11994
part of the territory of the 9-1-1 system established under the	11995
plan or agreement. In that event, the subdivision for which the	11996
wireline or wireless 9-1-1 is provided as named in the agreement	11997
shall be deemed the subdivision operating the public safety	11998
answering point or points for purposes of this chapter, except	11999
that, for the purpose of division (D)(2) of this section, that	12000
subdivision shall pay only so much of the costs of establishing,	12001
equipping, furnishing, operating, or maintaining any such public	12002
safety answering point as are specified in the agreement with the	12003
patrol or other system.	12004

(K) A final plan for the provision of wireless enhanced 9-1-1	12005
shall provide that any wireless 9-1-1 calls routed to a state	12006
highway patrol-operated public safety answering point by default,	12007
due to a wireless service provider so routing all such calls of	12008
its subscribers without prior permission, are instead to be routed	12009
as provided under the plan. Upon the implementation of countywide	12010
wireless enhanced 9-1-1 pursuant to a final plan, the state	12011
highway patrol shall cease any functioning as a public safety	12012
answering point providing wireless 9-1-1 within the territory	12013
covered by the countywide 9-1-1 system so established, unless the	12014
patrol functions as a public safety answering point providing	12015
wireless enhanced 9-1-1 pursuant to an agreement included in the	12016
plan as authorized under division (J) of this section.	12017

~~Sec. 5507.06.~~ Sec. 128.06. (A) A board of county commissioners or	12018
the legislative authority of any municipal corporation in the	12019
county that contains at least thirty per cent of the county's	12020
population may adopt a resolution to convene a 9-1-1 planning	12021
committee, which shall serve without compensation and shall	12022
consist of three voting members as follows:	12023

(1) The president or other presiding officer of the board of	12024
county commissioners, who shall serve as chairperson of the	12025
committee;	12026

(2) The chief executive officer of the most populous	12027
municipal corporation in the county;	12028

(3) From the more populous of the following, either the chief	12029
executive officer of the second most populous municipal	12030
corporation in the county or a member of the board of township	12031
trustees of the most populous township in the county as selected	12032
by majority vote of the board of trustees.	12033

In counties with a population of one hundred seventy-five	12034
thousand or more, the planning committee shall consist of two	12035
additional voting members as follows: a member of a board of	12036
township trustees selected by the majority of boards of township	12037
trustees in the county pursuant to resolutions they adopt, and the	12038
chief executive officer of a municipal corporation in the county	12039
selected by the majority of the legislative authorities of	12040
municipal corporations in the county pursuant to resolutions they	12041
adopt.	12042

When determining population under this division, population	12043
residing outside the county shall be excluded.	12044

(B) Within thirty days after the adoption of a resolution to	12045
convene the committee under division (A) of this section, the	12046
committee shall convene for the sole purpose of developing a final	12047
plan for implementing a countywide 9-1-1 system. The county shall	12048
provide the committee with any clerical, legal, and other staff	12049
assistance necessary to develop the final plan and shall pay for	12050
copying, mailing, and any other such expenses incurred by the	12051
committee in developing the final plan and in meeting the	12052
requirements imposed by sections ~~5507.06~~128.06 to ~~5507.08~~128.08	12053
of the Revised Code.	12054

(C) The 9-1-1 planning committee shall appoint a 9-1-1	12055
technical advisory committee to assist it in planning the	12056
countywide 9-1-1 system. The advisory committee shall include at	12057
least one fire chief and one police chief serving in the county,	12058
the county sheriff, a representative of the state highway patrol	12059
selected by the patrol, one representative of each telephone	12060
company in each case selected by the telephone company	12061
represented, the director/coordinator of emergency management	12062
appointed under section 5502.26, 5502.27, or 5502.271 of the	12063
Revised Code, as appropriate, and a member of a board of township	12064
trustees of a township in the county selected by a majority of	12065
boards of township trustees in the county pursuant to resolutions	12066
they adopt.	12067

~~Sec. 5507.07.~~ Sec. 128.07. (A) The 9-1-1 planning committee shall	12068
prepare a proposal on the implementation of a countywide 9-1-1	12069
system and shall hold a public meeting on the proposal to explain	12070
the system to and receive comments from public officials. At least	12071
thirty but not more than sixty days before the meeting, the	12072
committee shall send a copy of the implementation proposal and	12073
written notice of the meeting:	12074

(1) By certified mail, to the board of county commissioners,	12075
the legislative authority of each municipal corporation in the	12076
county, and to the board of trustees of each township in the	12077
county; and	12078

(2) To the board of trustees, directors, or park	12079
commissioners of each subdivision that will be served by a public	12080
safety answering point under the plan.	12081

(B) The proposal and the final plan adopted by the committee	12082
shall specify:	12083

(1) Which telephone companies serving customers in the county	12084
and, as authorized in division (A)(1) of section ~~5507.03~~128.03 of	12085
the Revised Code, in an adjacent county will participate in the	12086
9-1-1 system;	12087

(2) The location and number of public safety answering	12088
points; how they will be connected to a company's telephone	12089
network; from what geographic territory each will receive 9-1-1	12090
calls; whether basic or enhanced 9-1-1 service will be provided	12091
within such territory; what subdivisions will be served by the	12092
answering point; and whether an answering point will respond to	12093
calls by directly dispatching an emergency service provider, by	12094
relaying a message to the appropriate provider, or by transferring	12095
the call to the appropriate provider;	12096

(3) Which subdivision or regional council of governments will	12097
establish, equip, furnish, operate, and maintain a particular	12098
public safety answering point;	12099

(4) A projection of the initial cost of establishing,	12100
equipping, and furnishing and of the annual cost of the first five	12101
years of operating and maintaining each public safety answering	12102
point;	12103

(5) Whether the cost of establishing, equipping, furnishing,	12104
operating, or maintaining each public safety answering point	12105
should be funded through charges imposed under section ~~5507.22~~	12106
128.22 of the Revised Code or will be allocated among the	12107
subdivisions served by the answering point and, if any such cost	12108
is to be allocated, the formula for so allocating it;	12109

(6) How each emergency service provider will respond to a	12110
misdirected call.	12111

(C) Following the meeting required by this section, the 9-1-1	12112
planning committee may modify the implementation proposal and, no	12113
later than nine months after the resolution authorized by section	12114
~~5507.06~~128.06 of the Revised Code is adopted, may adopt, by	12115
majority vote, a final plan for implementing a countywide 9-1-1	12116
system. If a planning committee and wireline service provider do	12117
not agree on whether the wireline service provider is capable of	12118
providing the wireline telephone network as described under	12119
division (A) of section ~~5507.03~~128.03 of the Revised Code and the	12120
planning committee refers that question to the ~~department of~~	12121
~~public safety~~steering committee, the ~~department~~steering	12122
committee may extend the nine-month deadline established by this	12123
division to twelve months. Immediately on completion of the plan,	12124
the planning committee shall send a copy of the final plan:	12125

(1) By certified mail to the board of county commissioners of	12126
the county, to the legislative authority of each municipal	12127
corporation in the county, and to the board of township trustees	12128
of each township in the county; and	12129

(2) To the board of trustees, directors, or park	12130
commissioners of each subdivision that will be served by a public	12131
safety answering point under the plan.	12132

~~(D) If the committee has not adopted a final plan on or~~	12133
~~before the deadline in division (C) of this section, the committee~~	12134
~~shall cease to exist. A new 9-1-1 planning committee may be~~	12135
~~convened in the manner established in section 5507.06 of the~~	12136
~~Revised Code to develop an implementation proposal and final plan~~	12137
~~in accordance with the requirements of sections 5507.06 to 5507.08~~	12138
~~of the Revised Code.~~	12139

~~Sec. 5507.08.~~ Sec. 128.08. (A) Within sixty days after receipt of	12140
the final plan pursuant to division (C) of section ~~5507.07~~128.07	12141
of the Revised Code, the board of county commissioners of the	12142
county and the legislative authority of each municipal corporation	12143
in the county and of each township whose territory is proposed to	12144
be included in a countywide 9-1-1 system shall act by resolution	12145
to approve or disapprove the plan, except that, with respect to a	12146
final plan that provides for funding of the 9-1-1 system in part	12147
through charges imposed under section ~~5507.22~~128.22 of the	12148
Revised Code, the board of county commissioners shall not act by	12149
resolution to approve or disapprove the plan until after a	12150
resolution adopted under section ~~5507.22~~128.22 of the Revised	12151
Code has become effective as provided in division (D) of that	12152
section. A municipal corporation or township whose territory is	12153
proposed to be included in the system includes any municipal	12154
corporation or township in which a part of its territory is	12155
excluded pursuant to division (A)(2) of section ~~5507.03~~128.03 of	12156
the Revised Code. Each such authority immediately shall notify the	12157
board of county commissioners in writing of its approval or	12158
disapproval of the final plan. Failure by a board or legislative	12159
authority to notify the board of county commissioners of approval	12160
or disapproval within such sixty-day period shall be deemed	12161
disapproval by the board or authority.	12162

(B) As used in this division, "county's population" excludes	12163
the population of any municipal corporation or township that,	12164
under the plan, is completely excluded from 9-1-1 service in the	12165
county's final plan. A countywide plan is effective if all of the	12166
following entities approve the plan in accordance with this	12167
section:	12168

(1) The board of county commissioners;

12169

(2) The legislative authority of a municipal corporation that	12170
contains at least thirty per cent of the county's population, if	12171
any;	12172

(3) The legislative authorities of municipal corporations and	12173
townships that contain at least sixty per cent of the county's	12174
population or, if the plan has been approved by a municipal	12175
corporation that contains at least sixty per cent of the county's	12176
population, by the legislative authorities of municipal	12177
corporations and townships that contain at least seventy-five per	12178
cent of the county's population.	12179

(C) After a countywide plan approved in accordance with this	12180
section is adopted, all of the telephone companies, subdivisions,	12181
and regional councils of governments included in the plan are	12182
subject to the specific requirements of the plan and to this	12183
chapter.	12184

~~Sec. 5507.09.~~ Sec. 128.09. (A) If a final plan is disapproved	12185
under division (B) of section ~~5507.08~~128.08 of the Revised Code,	12186
by resolution, the legislative authority of a municipal	12187
corporation or township that contains at least thirty per cent of	12188
the county's population may establish within its boundaries, or	12189
the legislative authorities of a group of municipal corporations	12190
or townships each of which is contiguous with at least one other	12191
such municipal corporation or township in the group, together	12192
containing at least thirty per cent of the county's population,	12193
may jointly establish within their boundaries a 9-1-1 system. For	12194
that purpose, the municipal corporation or township may enter into	12195
an agreement, and the contiguous municipal corporations or	12196
townships may jointly enter into an agreement with one or more	12197
telephone companies.	12198

(B) If no resolution has been adopted to convene a 9-1-1	12199
planning committee under section ~~5507.06~~128.06 of the Revised	12200
Code, by resolution, the legislative authority of any municipal	12201
corporation in the county may establish within its boundaries, or	12202
the legislative authorities of a group of municipal corporations	12203
and townships each of which is contiguous to at least one of the	12204
other such municipal corporations or townships in the group may	12205
jointly establish within their boundaries, a 9-1-1 system. For	12206
that purpose, the municipal corporation, or contiguous municipal	12207
corporations and townships, may enter into an agreement with one	12208
or more telephone companies.	12209

(C) Whenever a telephone company that is a wireline service	12210
provider and one or more municipal corporations and townships	12211
enter into an agreement under division (A) or (B) of this section	12212
to provide for the wireline telephone network portion of a basic	12213
9-1-1 system, the telephone company shall so notify the ~~department~~	12214
~~of public safety~~steering committee, which shall determine whether	12215
the telephone company is capable of reasonably meeting the	12216
technical and economic requirements of providing the wireline	12217
telephone network for an enhanced system within the territory	12218
served by the company and covered by the agreement. The	12219
determination shall be made solely for the purposes of division	12220
(C)(2) of section ~~5507.18~~128.18 of the Revised Code.	12221

(D) Within three years from the date of entering into an	12222
initial agreement described under division (C) of this section,	12223
the telephone company shall have installed the wireline telephone	12224
network portion of the 9-1-1 system according to the terms,	12225
conditions, requirements, and specifications set forth in the	12226
agreement.	12227

(E) A telephone company that is a wireline service provider	12228
shall recover the cost of installing the wireline telephone	12229
network system pursuant to agreements made under this section as	12230
provided in sections ~~5507.18~~128.18 and 5733.55 of the Revised	12231
Code.	12232

~~Sec. 5507.12.~~ Sec. 128.12. (A) An amended final plan is required	12233
for any of the following purposes:	12234

(1) Expanding the territory included in the countywide 9-1-1	12235
system;	12236

(2) Upgrading any part or all of a system from basic to	12237
enhanced wireline 9-1-1;	12238

(3) Adjusting the territory served by a public safety	12239
answering point;	12240

(4) Permitting a regional council of governments to operate a	12241
public safety answering point;	12242

(5) Represcribing the funding of public safety answering	12243
points as between the alternatives set forth in division (B)(5) of	12244
section ~~5507.07~~128.07 of the Revised Code;	12245

(6) Providing for wireless enhanced 9-1-1;

12246

(7) Adding a telephone company as a participant in a	12247
countywide 9-1-1 system after the implementation of wireline 9-1-1	12248
or wireless enhanced 9-1-1;	12249

(8) Providing that the state highway patrol or one or more	12250
public safety answering points of another 9-1-1 system function as	12251
a public safety answering point or points for the provision of	12252
wireline or wireless 9-1-1 for all or part of the territory of the	12253
system established under the final plan, as contemplated under	12254
division (J) of section ~~5507.03~~128.03 of the Revised Code;	12255

(9) Making any other necessary adjustments to the plan.

12256

(B) ~~Except as otherwise provided in division (C) of this~~	12257
~~section, a final plan shall be amended in the manner provided for~~	12258
~~adopting a final plan under sections 5507.06 to 5507.08 of the~~	12259
~~Revised Code, including convening a 9-1-1 planning committee and~~	12260
~~developing a proposed amended plan prior to adopting an amended~~	12261
~~final plan.~~	12262

~~(C)~~(1) To amend a final plan for the purpose described in	12263
division (A)(7) of this section, an entity that wishes to be added	12264
as a participant in a 9-1-1 system shall file a written letter of	12265
that intent with the board of county commissioners of the county	12266
that approved the final plan. The final plan is deemed amended	12267
upon the filing of that letter. The entity that files the letter	12268
shall send written notice of that filing to all subdivisions,	12269
regional councils of governments, and telephone companies	12270
participating in the system.	12271

(2) An amendment to a final plan for aany other purpose set	12272
forth in division (A)~~(1), (3), (6), or (9)~~ of this section may be	12273
made by an addendum approved by a majority of the 9-1-1 planning	12274
committee. The board of county commissioners shall call a meeting	12275
of the 9-1-1 planning committee for the purpose of considering an	12276
addendum pursuant to this division.	12277

(3) Adoption of any resolution under section ~~5507.22~~128.22	12278
of the Revised Code pursuant to a final plan that both has been	12279
adopted and provides for funding through charges imposed under	12280
that section is not an amendment of a final plan for the purpose	12281
of this division.	12282

~~(D)~~(C) When a final plan is amended for a purpose described	12283
in division (A)(1), (2), or (7) of this section, sections ~~5507.18~~	12284
128.18 and 5733.55 of the Revised Code apply with respect to the	12285
receipt of the nonrecurring and recurring rates and charges for	12286
the wireline telephone network portion of the 9-1-1 system.	12287

~~Sec. 5507.15.~~ Sec. 128.15. (A) Within three years from the date an	12288
initial final plan becomes effective under division (B) of section	12289
~~5507.08~~128.08 of the Revised Code, the wireline service providers	12290
designated in the plan shall have installed the wireline telephone	12291
network portion of the 9-1-1 system according to the terms,	12292
conditions, requirements, and specifications set forth in that	12293
plan.	12294

(B)(1) Upon installation of a countywide 9-1-1 system, the	12295
board of county commissioners may direct the county engineer to	12296
erect and maintain at the county boundaries on county roads and	12297
state and interstate highways, signs indicating the availability	12298
of a countywide 9-1-1 system. Any sign erected by a county under	12299
this section shall be erected in accordance with and meet the	12300
specifications established under division (B)(2) of this section.	12301
All expenses incurred in erecting and maintaining the signs shall	12302
be paid by the county.	12303

(2) The director of transportation shall develop design	12304
specifications for signs giving notice of the availability of a	12305
countywide 9-1-1 system. The director also shall establish	12306
standards for the erection of the signs and, in accordance with	12307
federal law and regulations and recognized engineering practices,	12308
specify those locations where the signs shall not be erected.	12309

~~Sec. 5507.18.~~ Sec. 128.18. (A) In accordance with this chapter and	12310
Chapters 4901., 4903., 4905., and 4909. of the Revised Code, the	12311
public utilities commission shall determine the just, reasonable,	12312
and compensatory rates, tolls, classifications, charges, or	12313
rentals to be observed and charged for the wireline telephone	12314
network portion of a basic or enhanced 9-1-1 system, and each	12315
telephone company that is a wireline service provider	12316
participating in the system shall be subject to those chapters, to	12317
the extent they apply, as to the service provided by its portion	12318
of the wireline telephone network for the system as described in	12319
the final plan or to be installed pursuant to agreements under	12320
section ~~5507.09~~128.09 of the Revised Code, and as to the rates,	12321
tolls, classifications, charges, or rentals to be observed and	12322
charged for that service.	12323

(B) Only the customers of a participating telephone company	12324
described in division (A) of this section that are served within	12325
the area covered by a 9-1-1 system shall pay the recurring rates	12326
for the maintenance and operation of the company's portion of the	12327
wireline telephone network of the system. Such rates shall be	12328
computed by dividing the total monthly recurring rates set forth	12329
in the company's schedule as filed in accordance with section	12330
4905.30 of the Revised Code, by the total number of residential	12331
and business customer access lines, or their equivalent, within	12332
the area served. Each residential and business customer within the	12333
area served shall pay the recurring rates based on the number of	12334
its residential and business customer access lines or their	12335
equivalent. No company shall include such amount on any customer's	12336
bill until the company has completed its portion of the wireline	12337
telephone network in accordance with the terms, conditions,	12338
requirements, and specifications of the final plan or an agreement	12339
made under section ~~5507.09~~128.09 of the Revised Code.	12340

(C)(1) Except as otherwise provided in division (C)(2) of	12341
this section, a participating telephone company described in	12342
division (A) of this section may receive through the credit	12343
authorized by section 5733.55 of the Revised Code the total	12344
nonrecurring charges for its portion of the wireline telephone	12345
network of the system and the total nonrecurring charges for any	12346
updating or modernization of that wireline telephone network in	12347
accordance with the terms, conditions, requirements, and	12348
specifications of the final plan or pursuant to agreements under	12349
section ~~5507.09~~128.09 of the Revised Code, as such charges are	12350
set forth in the schedule filed by the telephone company in	12351
accordance with section 4905.30 of the Revised Code. However, that	12352
portion, updating, or modernization shall not be for or include	12353
the provision of wireless 9-1-1. As applicable, the receipt of	12354
permissible charges shall occur only upon the completion of the	12355
installation of the network or the completion of the updating or	12356
modernization.	12357

(2) The credit shall not be allowed under division (C)(1) of	12358
this section for the upgrading of a system from basic to enhanced	12359
wireline 9-1-1 if both of the following apply:	12360

(a) The telephone company received the credit for the	12361
wireline telephone network portion of the basic 9-1-1 system now	12362
proposed to be upgraded.	12363

(b) At the time the final plan or agreement pursuant to	12364
section ~~5507.09~~128.09 of the Revised Code calling for the basic	12365
9-1-1 system was agreed to, the telephone company was capable of	12366
reasonably meeting the technical and economic requirements of	12367
providing the wireline telephone network portion of an enhanced	12368
9-1-1 system within the territory proposed to be upgraded, as	12369
determined by the ~~department of public safety~~steering committee	12370
under division (A) or (H) of section ~~5507.03~~128.03 or division	12371
(C) of section ~~5507.09~~128.09 of the Revised Code.	12372

(3) If the credit is not allowed under division (C)(2) of	12373
this section, the total nonrecurring charges for the wireline	12374
telephone network used in providing 9-1-1 service, as set forth in	12375
the schedule filed by a telephone company in accordance with	12376
section 4905.30 of the Revised Code, on completion of the	12377
installation of the network in accordance with the terms,	12378
conditions, requirements, and specifications of the final plan or	12379
pursuant to section ~~5507.09~~128.09 of the Revised Code, shall be	12380
paid by the municipal corporations and townships with any	12381
territory in the area in which such upgrade from basic to enhanced	12382
9-1-1 is made.	12383

(D) If customer premises equipment for a public safety	12384
answering point is supplied by a telephone company that is	12385
required to file a schedule under section 4905.30 of the Revised	12386
Code pertaining to customer premises equipment, the recurring and	12387
nonrecurring rates and charges for the installation and	12388
maintenance of the equipment specified in the schedule shall	12389
apply.	12390

~~Sec. 5507.22.~~ Sec. 128.22. (A)(1) For the purpose of paying the	12391
costs of establishing, equipping, and furnishing one or more	12392
public safety answering points as part of a countywide 9-1-1	12393
system effective under division (B) of section ~~5507.08~~128.08 of	12394
the Revised Code and paying the expense of administering and	12395
enforcing this section, the board of county commissioners of a	12396
county, in accordance with this section, may fix and impose, on	12397
each lot or parcel of real property in the county that is owned by	12398
a person, municipal corporation, township, or other political	12399
subdivision and is improved, or is in the process of being	12400
improved, reasonable charges to be paid by each such owner. The	12401
charges shall be sufficient to pay only the estimated allowed	12402
costs and shall be equal in amount for all such lots or parcels.	12403

(2) For the purpose of paying the costs of operating and	12404
maintaining the answering points and paying the expense of	12405
administering and enforcing this section, the board, in accordance	12406
with this section, may fix and impose reasonable charges to be	12407
paid by each owner, as provided in division (A)(1) of this	12408
section, that shall be sufficient to pay only the estimated	12409
allowed costs and shall be equal in amount for all such lots or	12410
parcels. The board may fix and impose charges under this division	12411
pursuant to a resolution adopted for the purposes of both	12412
divisions (A)(1) and (2) of this section or pursuant to a	12413
resolution adopted solely for the purpose of division (A)(2) of	12414
this section, and charges imposed under division (A)(2) of this	12415
section may be separately imposed or combined with charges imposed	12416
under division (A)(1) of this section.	12417

(B) Any board adopting a resolution under this section	12418
pursuant to a final plan initiating the establishment of a 9-1-1	12419
system or pursuant to an amendment to a final plan shall adopt the	12420
resolution within sixty days after the board receives the final	12421
plan for the 9-1-1 system pursuant to division (C) of section	12422
~~5507.07~~128.07 of the Revised Code. The board by resolution may	12423
change any charge imposed under this section whenever the board	12424
considers it advisable. Any resolution adopted under this section	12425
shall declare whether securities will be issued under Chapter 133.	12426
of the Revised Code in anticipation of the collection of unpaid	12427
special assessments levied under this section.	12428

(C) The board shall adopt a resolution under this section at	12429
a public meeting held in accordance with section 121.22 of the	12430
Revised Code. Additionally, the board, before adopting any such	12431
resolution, shall hold at least two public hearings on the	12432
proposed charges. Prior to the first hearing, the board shall	12433
publish notice of the hearings once a week for two consecutive	12434
weeks in a newspaper of general circulation in the county or as	12435
provided in section 7.16 of the Revised Code. The notice shall	12436
include a listing of the charges proposed in the resolution and	12437
the date, time, and location of each of the hearings. The board	12438
shall hear any person who wishes to testify on the charges or the	12439
resolution.	12440

(D) No resolution adopted under this section shall be	12441
effective sooner than thirty days following its adoption nor shall	12442
any such resolution be adopted as an emergency measure. The	12443
resolution is subject to a referendum in accordance with sections	12444
305.31 to 305.41 of the Revised Code unless, in the resolution,	12445
the board of county commissioners directs the board of elections	12446
of the county to submit the question of imposing the charges to	12447
the electors of the county at the next primary or general election	12448
in the county occurring not less than ninety days after the	12449
resolution is certified to the board. No resolution shall go into	12450
effect unless approved by a majority of those voting upon it in	12451
any election allowed under this division.	12452

(E) To collect charges imposed under division (A) of this	12453
section, the board of county commissioners shall certify them to	12454
the county auditor of the county who then shall place them upon	12455
the real property duplicate against the properties to be assessed,	12456
as provided in division (A) of this section. Each assessment shall	12457
bear interest at the same rate that securities issued in	12458
anticipation of the collection of the assessments bear, is a lien	12459
on the property assessed from the date placed upon the real	12460
property duplicate by the auditor, and shall be collected in the	12461
same manner as other taxes.	12462

(F) All money collected by or on behalf of a county under	12463
this section shall be paid to the county treasurer of the county	12464
and kept in a separate and distinct fund to the credit of the	12465
county. The fund shall be used to pay the costs allowed in	12466
division (A) of this section and specified in the resolution	12467
adopted under that division. In no case shall any surplus so	12468
collected be expended for other than the use and benefit of the	12469
county.	12470

~~Sec. 5507.25.~~ Sec. 128.25. (A) This section applies only to a	12471
county that meets both of the following conditions:	12472

(1) A final plan for a countywide 9-1-1 system either has not	12473
been approved in the county under section ~~5507.08~~128.08 of the	12474
Revised Code or has been approved but has not been put into	12475
operation because of a lack of funding;	12476

(2) The board of county commissioners, at least once, has	12477
submitted to the electors of the county the question of raising	12478
funds for a 9-1-1 system under section ~~5507.22~~128.22, 5705.19, or	12479
5739.026 of the Revised Code, and a majority of the electors has	12480
disapproved the question each time it was submitted.	12481

(B) A board of county commissioners may adopt a resolution	12482
imposing a monthly charge on telephone access lines to pay for the	12483
equipment costs of establishing and maintaining no more than three	12484
public safety answering points of a countywide 9-1-1 system, which	12485
public safety answering points shall be only twenty-four-hour	12486
dispatching points already existing in the county. The resolution	12487
shall state the amount of the charge, which shall not exceed fifty	12488
cents per month, and the month the charge will first be imposed,	12489
which shall be no earlier than four months after the special	12490
election held pursuant to this section. Each residential and	12491
business telephone company customer within the area served by the	12492
9-1-1 system shall pay the monthly charge for each of its	12493
residential or business customer access lines or their equivalent.	12494

Before adopting a resolution under this division, the board	12495
of county commissioners shall hold at least two public hearings on	12496
the proposed charge. Before the first hearing, the board shall	12497
publish notice of the hearings once a week for two consecutive	12498
weeks in a newspaper of general circulation in the county or as	12499
provided in section 7.16 of the Revised Code. The notice shall	12500
state the amount of the proposed charge, an explanation of the	12501
necessity for the charge, and the date, time, and location of each	12502
of the hearings.	12503

(C) A resolution adopted under division (B) of this section	12504
shall direct the board of elections to submit the question of	12505
imposing the charge to the electors of the county at a special	12506
election on the day of the next primary or general election in the	12507
county. The board of county commissioners shall certify a copy of	12508
the resolution to the board of elections not less than ninety days	12509
before the day of the special election. No resolution adopted	12510
under division (B) of this section shall take effect unless	12511
approved by a majority of the electors voting upon the resolution	12512
at an election held pursuant to this section.	12513

In any year, the board of county commissioners may impose a	12514
lesser charge than the amount originally approved by the electors.	12515
The board may change the amount of the charge no more than once a	12516
year. The board may not impose a charge greater than the amount	12517
approved by the electors without first holding an election on the	12518
question of the greater charge.	12519

(D) Money raised from a monthly charge on telephone access	12520
lines under this section shall be deposited into a special fund	12521
created in the county treasury by the board of county	12522
commissioners pursuant to section 5705.12 of the Revised Code, to	12523
be used only for the necessary equipment costs of establishing and	12524
maintaining no more than three public safety answering points of a	12525
countywide 9-1-1 system pursuant to a resolution adopted under	12526
division (B) of this section. In complying with this division, any	12527
county may seek the assistance of the ~~department of public safety~~	12528
steering committee with regard to operating and maintaining a	12529
9-1-1 system.	12530

(E) Pursuant to the voter approval required by division (C)	12531
of this section, the final plan for a countywide 9-1-1 system that	12532
will be funded through a monthly charge imposed in accordance with	12533
this section shall be amended by the existing 9-1-1 planning	12534
committee, and the amendment of such a final plan is not an	12535
amendment of a final plan for the purpose of division (A) of	12536
section ~~5507.12~~128.12 of the Revised Code.	12537

~~Sec. 5507.26.~~ Sec. 128.26. (A) This section applies only to a	12538
county that has a final plan for a countywide 9-1-1 system that	12539
either has not been approved in the county under section ~~5507.08~~	12540
128.08 of the Revised Code or has been approved but has not been	12541
put into operation because of a lack of funding.	12542

(B) A board of county commissioners may adopt a resolution	12543
imposing a monthly charge on telephone access lines to pay for the	12544
operating and equipment costs of establishing and maintaining no	12545
more than one public safety answering point of a countywide 9-1-1	12546
system. The resolution shall state the amount of the charge, which	12547
shall not exceed fifty cents per month, and the month the charge	12548
will first be imposed, which shall be no earlier than four months	12549
after the special election held pursuant to this section. Each	12550
residential and business telephone company customer within the	12551
area of the county served by the 9-1-1 system shall pay the	12552
monthly charge for each of its residential or business customer	12553
access lines or their equivalent.	12554

Before adopting a resolution under this division, the board	12555
of county commissioners shall hold at least two public hearings on	12556
the proposed charge. Before the first hearing, the board shall	12557
publish notice of the hearings once a week for two consecutive	12558
weeks in a newspaper of general circulation in the county or as	12559
provided in section 7.16 of the Revised Code. The notice shall	12560
state the amount of the proposed charge, an explanation of the	12561
necessity for the charge, and the date, time, and location of each	12562
of the hearings.	12563

(C) A resolution adopted under division (B) of this section	12564
shall direct the board of elections to submit the question of	12565
imposing the charge to the electors of the county at a special	12566
election on the day of the next primary or general election in the	12567
county. The board of county commissioners shall certify a copy of	12568
the resolution to the board of elections not less than ninety days	12569
before the day of the special election. No resolution adopted	12570
under division (B) of this section shall take effect unless	12571
approved by a majority of the electors voting upon the resolution	12572
at an election held pursuant to this section.	12573

In any year, the board of county commissioners may impose a	12574
lesser charge than the amount originally approved by the electors.	12575
The board may change the amount of the charge no more than once a	12576
year. The board shall not impose a charge greater than the amount	12577
approved by the electors without first holding an election on the	12578
question of the greater charge.	12579

(D) Money raised from a monthly charge on telephone access	12580
lines under this section shall be deposited into a special fund	12581
created in the county treasury by the board of county	12582
commissioners pursuant to section 5705.12 of the Revised Code, to	12583
be used only for the necessary operating and equipment costs of	12584
establishing and maintaining no more than one public safety	12585
answering point of a countywide 9-1-1 system pursuant to a	12586
resolution adopted under division (B) of this section. In	12587
complying with this division, any county may seek the assistance	12588
of the ~~department of public safety~~steering committee with regard	12589
to operating and maintaining a 9-1-1 system.	12590

(E) Nothing in sections ~~5507.01~~128.01 to ~~5507.34~~128.34 of	12591
the Revised Code precludes a final plan adopted in accordance with	12592
those sections from being amended to provide that, by agreement	12593
included in the plan, a public safety answering point of another	12594
countywide 9-1-1 system is the public safety answering point of a	12595
countywide 9-1-1 system funded through a monthly charge imposed in	12596
accordance with this section. In that event, the county for which	12597
the public safety answering point is provided shall be deemed the	12598
subdivision operating the public safety answering point for	12599
purposes of sections ~~5507.01~~128.01 to ~~5507.34~~128.34 of the	12600
Revised Code, except that, for the purpose of division (D) of	12601
section ~~5507.03~~128.03 of the Revised Code, the county shall pay	12602
only so much of the costs associated with establishing, equipping,	12603
furnishing, operating, or maintaining the public safety answering	12604
point specified in the agreement included in the final plan.	12605

(F) Pursuant to the voter approval required by division (C)	12606
of this section, the final plan for a countywide 9-1-1 system that	12607
will be funded through a monthly charge imposed in accordance with	12608
this section, or that will be amended to include an agreement	12609
described in division (E) of this section, shall be amended by the	12610
existing 9-1-1 planning committee, and the amendment of such a	12611
final plan is not an amendment of a final plan for the purpose of	12612
division (A) of section ~~5507.12~~128.12 of the Revised Code.	12613

~~Sec. 5507.27.~~ Sec. 128.27. (A) As part of its normal monthly	12614
billing process, each telephone company with customers in the area	12615
served by a 9-1-1 system shall bill and collect from those	12616
customers any charge imposed under section ~~5507.25~~128.25 or	12617
~~5507.26~~128.26 of the Revised Code. The company may list the	12618
charge as a separate entry on each bill and may indicate on the	12619
bill that the charge is made pursuant to approval of a ballot	12620
issue by county voters. Any customer billed by a company for a	12621
charge imposed under section ~~5507.25~~128.25 or ~~5507.26~~128.26 of	12622
the Revised Code is liable to the county for the amount billed.	12623
The company shall apply any partial payment of a customer's bill	12624
first to the amount the customer owes the company. The company	12625
shall keep complete records of charges it bills and collects, and	12626
such records shall be open during business hours for inspection by	12627
the county commissioners or their agents or employees. If a	12628
company fails to bill any customer for the charge, it is liable to	12629
the county for the amount that was not billed.	12630

(B) A telephone company that collects charges under this	12631
section shall remit the money to the county on a quarterly basis.	12632
The company may retain three per cent of any charge it collects as	12633
compensation for the costs of such collection. If a company	12634
collects charges under this section and fails to remit the money	12635
to the county as prescribed, it is liable to the county for any	12636
amount collected and not remitted.	12637

~~Sec. 5507.32.~~ Sec. 128.32. (A)(1) The state, the state highway	12638
patrol, a subdivision, or a regional council of governments	12639
participating in a 9-1-1 system established under this chapter and	12640
any officer, agent, employee, or independent contractor of the	12641
state, the state highway patrol, or such a participating	12642
subdivision or regional council of governments is not liable in	12643
damages in a civil action for injuries, death, or loss to persons	12644
or property arising from any act or omission, except willful or	12645
wanton misconduct, in connection with developing, adopting, or	12646
approving any final plan or any agreement made under section	12647
~~5507.09~~128.09 of the Revised Code or otherwise bringing into	12648
operation the 9-1-1 system pursuant to this chapter.	12649

(2) The ~~Ohio 9-1-1 council, the wireless 9-1-1 advisory~~	12650
~~board,~~steering committee and any member of ~~that council or board~~	12651
the steering committee are not liable in damages in a civil action	12652
for injuries, death, or loss to persons or property arising from	12653
any act or omission, except willful or wanton misconduct, in	12654
connection with the development or operation of a 9-1-1 system	12655
established under this chapter.	12656

(B) Except as otherwise provided in this section ~~5507.32 of~~	12657
~~the Revised Code~~, an individual who gives emergency instructions	12658
through a 9-1-1 system established under this chapter, and the	12659
principals for whom the person acts, including both employers and	12660
independent contractors, public and private, and an individual who	12661
follows emergency instructions and the principals for whom that	12662
person acts, including both employers and independent contractors,	12663
public and private, are not liable in damages in a civil action	12664
for injuries, death, or loss to persons or property arising from	12665
the issuance or following of emergency instructions, except where	12666
the issuance or following of the instructions constitutes willful	12667
or wanton misconduct.	12668

(C) Except for willful or wanton misconduct, a telephone	12669
company, and any other installer, maintainer, or provider, through	12670
the sale or otherwise, of customer premises equipment, and their	12671
respective officers, directors, employees, agents, and suppliers	12672
are not liable in damages in a civil action for injuries, death,	12673
or loss to persons or property incurred by any person resulting	12674
from any of the following:	12675

(1) Such an entity's or its officers', directors',	12676
employees', agents', or suppliers' participation in or acts or	12677
omissions in connection with participating in or developing,	12678
maintaining, or operating a 9-1-1 system;	12679

(2) Such an entity's or its officers', directors',	12680
employees', agents', or suppliers' provision of assistance to a	12681
public utility, municipal utility, or state or local government as	12682
authorized by divisions (G)(4) and (5) of this section.	12683

(D) Except for willful or wanton misconduct, a provider of	12684
and a seller of a prepaid wireless calling service and their	12685
respective officers, directors, employees, agents, and suppliers	12686
are not liable in damages in a civil action for injuries, death,	12687
or loss to persons or property incurred by any person resulting	12688
from anything described in division (C) of this section.	12689

(E) No person shall knowingly use the telephone number of a	12690
9-1-1 system established under this chapter to report an emergency	12691
if the person knows that no emergency exists.	12692

(F) No person shall knowingly use a 9-1-1 system for a	12693
purpose other than obtaining emergency service.	12694

(G) No person shall disclose or use any information	12695
concerning telephone numbers, addresses, or names obtained from	12696
the data base that serves the public safety answering point of a	12697
9-1-1 system established under this chapter, except for any of the	12698
following purposes or under any of the following circumstances:	12699

(1) For the purpose of the 9-1-1 system;

12700

(2) For the purpose of responding to an emergency call to an	12701
emergency service provider;	12702

(3) In the circumstance of the inadvertent disclosure of such	12703
information due solely to technology of the wireline telephone	12704
network portion of the 9-1-1 system not allowing access to the	12705
data base to be restricted to 9-1-1 specific answering lines at a	12706
public safety answering point;	12707

(4) In the circumstance of access to a data base being given	12708
by a telephone company that is a wireline service provider to a	12709
public utility or municipal utility in handling customer calls in	12710
times of public emergency or service outages. The charge, terms,	12711
and conditions for the disclosure or use of such information for	12712
the purpose of such access to a data base shall be subject to the	12713
jurisdiction of the ~~department of public safety~~steering	12714
committee.	12715

(5) In the circumstance of access to a data base given by a	12716
telephone company that is a wireline service provider to a state	12717
and local government in warning of a public emergency, as	12718
determined by the ~~department of public safety~~steering committee.	12719
The charge, terms, and conditions for the disclosure or use of	12720
that information for the purpose of access to a data base is	12721
subject to the jurisdiction of the ~~department of public safety~~	12722
steering committee.	12723

~~Sec. 5507.34.~~ Sec. 128.34. (A) The attorney general, upon request	12724
of the ~~department of public safety~~steering committee, or on the	12725
attorney general's own initiative, shall begin proceedings against	12726
a telephone company that is a wireline service provider to enforce	12727
compliance with this chapter or with the terms, conditions,	12728
requirements, or specifications of a final plan or of an agreement	12729
under section ~~5507.09~~128.09 of the Revised Code as to wireline	12730
or wireless 9-1-1.	12731

(B) The attorney general, upon the attorney general's own	12732
initiative, or any prosecutor, upon the prosecutor's initiative,	12733
shall begin proceedings against a subdivision or a regional	12734
council of governments as to wireline or wireless 9-1-1 to enforce	12735
compliance with this chapter or with the terms, conditions,	12736
requirements, or specifications of a final plan or of an agreement	12737
under section ~~5507.09~~128.09 of the Revised Code as to wireline or	12738
wireless 9-1-1.	12739

~~Sec. 5507.40.~~ Sec. 128.40. There is hereby created within the	12740
~~public utilities commission~~department of administrative services	12741
the 9-1-1 ~~service~~ program office, headed by an ~~Ohio 9-1-1~~	12742
~~coordinator~~administrator in the unclassified civil service	12743
pursuant to division (A)(9) of section 124.11 of the Revised Code.	12744
The ~~coordinator~~administrator shall be appointed by and serve at	12745
the pleasure of the ~~commission chairperson~~director of	12746
administrative services and shall report directly to the	12747
~~chairperson. On May 6, 2005, the chairperson shall appoint an~~	12748
~~interim coordinator and, upon submission of a list of nominees by~~	12749
~~the Ohio 9-1-1 council pursuant to section 5507.65 of the Revised~~	12750
~~Code, shall consider those nominees in making the final~~	12751
~~appointment and in appointing any subsequent coordinator. The~~	12752
~~chairperson may request the council to submit additional nominees~~	12753
~~and may reject any of the nominees. The chairperson shall fix the~~	12754
~~compensation of the coordinator. The chairperson shall evaluate~~	12755
~~the performance of the coordinator after considering the~~	12756
~~evaluation and recommendations of the council under section~~	12757
~~5507.65 of the Revised Code~~state chief information officer. The	12758
program office	12759

~~The Ohio 9-1-1 coordinator~~ shall administer the wireless	12760
9-1-1 government assistance fund as specified in sections ~~5507.53~~	12761
128.53 and ~~5507.55~~128.55 of the Revised Code. ~~The coordinator~~	12762
~~shall carry out the coordinator's duties under this chapter. The~~	12763
~~chairperson may establish additional duties of the coordinator~~	12764
~~based on a list of recommended duties submitted by the Ohio 9-1-1~~	12765
~~council pursuant to section 5507.65 of the Revised Code. The~~	12766
~~chairperson may assign one or more commission employees to assist~~	12767
~~the coordinator in carrying out the coordinator's duties.~~	12768

~~Sec. 5507.42.~~ Sec. 128.42. (A) There is hereby imposed a wireless	12769
9-1-1 charge of twenty-five cents per month as follows:	12770

(1) On each wireless telephone number of a wireless service	12771
subscriber who has a billing address in this state. The subscriber	12772
shall pay the wireless 9-1-1 charge for each such wireless	12773
telephone number assigned to the subscriber. Each wireless service	12774
provider and each reseller shall collect the wireless 9-1-1 charge	12775
as a specific line item on each subscriber's monthly bill. The	12776
line item shall be expressly designated "State/Local Wireless-E911	12777
Costs ($0.25/billed number)." If a provider bills a subscriber for	12778
any wireless enhanced 9-1-1 costs that the provider may incur, the	12779
charge or amount is not to appear in the same line item as the	12780
state/local line item. If the charge or amount is to appear in its	12781
own, separate line item on the bill, the charge or amount shall be	12782
expressly designated "[Name of Provider] Federal Wireless-E911	12783
Costs."	12784

(2)(a) Prior to January 1, 2014, on each subscriber of	12785
prepaid wireless service. A wireless service provider or reseller	12786
shall collect the wireless 9-1-1 charge in either of the following	12787
manners:	12788

(i) If the subscriber has a positive account balance on the	12789
last day of the month and has used the service during that month,	12790
by reducing that balance not later than the end of the first week	12791
of the following month by twenty-five cents or an equivalent	12792
number of airtime minutes;	12793

(ii) By dividing the total earned prepaid wireless telephone	12794
revenue from sales within this state received by the wireless	12795
service provider or reseller during the month by fifty,	12796
multiplying the quotient by twenty-five cents.	12797

(b) Amounts collected under division (A)(2) of this section	12798
shall be remitted pursuant to division (A)(1) of section ~~5507.46~~	12799
128.46 of the Revised Code.	12800

The wireless 9-1-1 charges authorized under this section	12801
shall not be imposed on a subscriber of wireless lifeline service	12802
or a provider of that service.	12803

(B) Beginning January 1, 2014:

12804

(1) There is hereby imposed, on each retail sale of a prepaid	12805
wireless calling service occurring in this state, a wireless 9-1-1	12806
charge of five-tenths of one per cent of the sale price.	12807

(2) For purposes of division (B)(1) of this section, a retail	12808
sale occurs in this state if it is effected by the consumer	12809
appearing in person at a seller's business location in this state,	12810
or if the sale is sourced to this state under division (E)(3) of	12811
section 5739.034 of the Revised Code, except that under that	12812
division, in lieu of sourcing a sale under division (C)(5) of	12813
section 5739.033 of the Revised Code, the seller, rather than the	12814
service provider, may elect to source the sale to the location	12815
associated with the mobile telephone number.	12816

(3)(a) Except as provided in division (B)(4)(c) of this	12817
section, the seller of the prepaid wireless calling service shall	12818
collect the charge from the consumer at the time of each retail	12819
sale and disclose the amount of the charge to the consumer at the	12820
time of the sale by itemizing the charge on the receipt, invoice,	12821
or similar form of written documentation provided to the consumer.	12822

(b) The seller shall comply with the reporting and remittance	12823
requirements under section ~~5507.46~~128.46 of the Revised Code.	12824

(4) When a prepaid wireless calling service is sold with one	12825
or more other products or services for a single, nonitemized	12826
price, the wireless 9-1-1 charge imposed under division (B)(1) of	12827
this section shall apply to the entire nonitemized price, except	12828
as provided in divisions (B)(4)(a) to (c) of this section.	12829

(a) If the amount of the prepaid wireless calling service is	12830
disclosed to the consumer as a dollar amount, the seller may elect	12831
to apply the charge only to that dollar amount.	12832

(b) If the seller can identify the portion of the nonitemized	12833
price that is attributable to the prepaid wireless calling	12834
service, by reasonable and verifiable standards from the seller's	12835
books and records that are kept in the regular course of business	12836
for other purposes, including nontax purposes, the seller may	12837
elect to apply the charge only to that portion.	12838

(c) If a minimal amount of a prepaid wireless calling service	12839
is sold with a prepaid wireless calling device for the single,	12840
nonitemized price, the seller may elect not to collect the charge.	12841
As used in this division, "minimal" means either ten minutes or	12842
less or five dollars or less.	12843

(C) The wireless 9-1-1 charges shall be exempt from state or	12844
local taxation.	12845

~~Sec. 5507.44.~~ Sec. 128.44. Beginning January 1, 2014, the tax	12846
commissioner shall provide notice to all known wireless service	12847
providers, resellers, and sellers of prepaid wireless calling	12848
services of any increase or decrease in either of the wireless	12849
9-1-1 charges imposed under section ~~5507.42~~128.42 of the Revised	12850
Code. Each notice shall be provided not less than thirty days	12851
before the effective date of the increase or decrease.	12852

Sec. 128.45. Beginning January 1, 2014:

12853

(A) Each wireless service provider and reseller shall keep	12854
complete and accurate records of bills for wireless service,	12855
together with a record of the wireless 9-1-1 charges collected	12856
under section 128.42 of the Revised Code, and shall keep all	12857
related invoices and other pertinent documents. Each seller shall	12858
keep complete and accurate records of retail sales of prepaid	12859
wireless calling services, together with a record of the wireless	12860
9-1-1 charges collected under section 128.42 of the Revised Code,	12861
and shall keep all related invoices and other pertinent documents.	12862

(B) Records, invoices, and documents required to be kept	12863
under this section shall be open during business hours to the	12864
inspection of the tax commissioner. They shall be preserved for a	12865
period of four years unless the tax commissioner, in writing,	12866
consents to their destruction within that period, or by order	12867
requires that they be kept longer.	12868

~~Sec. 5507.46.~~ Sec. 128.46. (A) Prior to January 1, 2014:

12869

(1) A wireless service provider or reseller, not later than	12870
the last day of each month, shall remit the full amount of all	12871
wireless 9-1-1 charges it collected under division (A) of section	12872
~~5507.42~~128.42 of the Revised Code for the second preceding	12873
calendar month to the ~~Ohio 9-1-1 coordinator~~administrator, with	12874
the exception of charges equivalent to the amount authorized as a	12875
billing and collection fee under division (A)(2) of this section.	12876
In doing so, the provider or reseller may remit the requisite	12877
amount in any reasonable manner consistent with its existing	12878
operating or technological capabilities, such as by customer	12879
address, location associated with the wireless telephone number,	12880
or another allocation method based on comparable, relevant data.	12881
If the wireless service provider or reseller receives a partial	12882
payment for a bill from a wireless service subscriber, the	12883
wireless service provider or reseller shall apply the payment	12884
first against the amount the subscriber owes the wireless service	12885
provider or reseller and shall remit to the ~~coordinator~~	12886
administrator such lesser amount, if any, as results from that	12887
invoice.	12888

(2) A wireless service provider or reseller may retain as a	12889
billing and collection fee two per cent of the total wireless	12890
9-1-1 charges it collects in a month and shall account to the	12891
~~coordinator~~administrator for the amount retained.	12892

(3) The ~~coordinator~~administrator shall return to, or credit	12893
against the next month's remittance of, a wireless service	12894
provider or reseller the amount of any remittances the ~~coordinator~~	12895
administrator determines were erroneously submitted by the	12896
provider or reseller.	12897

(B) Beginning January 1, 2014:

12898

(1) Each seller of a prepaid wireless calling service,	12899
wireless service provider, and reseller shall, on or before the	12900
twenty-third day of each month, except as provided in divisions	12901
(B)(2) and (3) of this section, do both of the following:	12902

(a) Make and file a return for the preceding month, in the	12903
form prescribed by the tax commissioner, showing the amount of the	12904
wireless 9-1-1 charges due under section ~~5507.42~~128.42 of the	12905
Revised Code for that month;	12906

(b) Remit the full amount due, as shown on the return, with	12907
the exception of charges equivalent to the amount authorized as a	12908
collection fee under division (B)(4) of this section.	12909

(2) The commissioner may grant one or more thirty-day	12910
extensions for making and filing returns and remitting amounts	12911
due.	12912

(3) If a seller is required to collect prepaid wireless 9-1-1	12913
charges in amounts that do not merit monthly returns, the	12914
commissioner may authorize the seller to make and file returns	12915
less frequently. The commissioner shall ascertain whether this	12916
authorization is warranted upon the basis of administrative costs	12917
to the state.	12918

(4) A wireless service provider, reseller, and seller may	12919
each retain as a collection fee three per cent of the total	12920
wireless 9-1-1 charges required to be collected under section	12921
~~5507.42~~128.42 of the Revised Code, and shall account to the tax	12922
commissioner for the amount retained.	12923

(5) The return required under division (B)(1)(a) of this	12924
section shall be filed electronically using the Ohio business	12925
gateway, as defined in section 718.051 of the Revised Code, the	12926
Ohio telefile system, or any other electronic means prescribed by	12927
the tax commissioner. Remittance of the amount due shall be made	12928
electronically in a manner approved by the commissioner. A	12929
wireless service provider, reseller, or seller may apply to the	12930
commissioner on a form prescribed by the commissioner to be	12931
excused from either electronic requirement of this division. For	12932
good cause shown, the commissioner may excuse the provider,	12933
reseller, or seller from either or both of the requirements and	12934
may permit the provider, reseller, or seller to file returns or	12935
make remittances by nonelectronic means.	12936

(C)(1) Prior to January 1, 2014, each subscriber on which a	12937
wireless 9-1-1 charge is imposed under division (A) of section	12938
~~5507.42~~128.42 of the Revised Code is liable to the state for the	12939
amount of the charge. If a wireless service provider or reseller	12940
fails to collect the charge under that division from a subscriber	12941
of prepaid wireless service, or fails to bill any other subscriber	12942
for the charge, the wireless service provider or reseller is	12943
liable to the state for the amount not collected or billed. If a	12944
wireless service provider or reseller collects charges under that	12945
division and fails to remit the money to the ~~coordinator~~	12946
administrator, the wireless service provider or reseller is liable	12947
to the state for any amount collected and not remitted.	12948

(2) Beginning January 1, 2014:

12949

(a) Each subscriber or consumer on which a wireless 9-1-1	12950
charge is imposed under section ~~5507.42~~128.42 of the Revised Code	12951
is liable to the state for the amount of the charge. If a wireless	12952
service provider or reseller fails to bill or collect the charge,	12953
or if a seller fails to collect the charge, the provider,	12954
reseller, or seller is liable to the state for the amount not	12955
billed or collected. If a provider, reseller, or seller fails to	12956
remit money to the tax commissioner as required under this	12957
section, the provider, reseller, or seller is liable to the state	12958
for the amount not remitted, regardless of whether the amount was	12959
collected.	12960

(b) No provider of a prepaid wireless calling service shall	12961
be liable to the state for any wireless 9-1-1 charge imposed under	12962
division (B)(1) of section ~~5507.42~~128.42 of the Revised Code that	12963
was not collected or remitted.	12964

(D) Prior to January 1, 2014:

12965

(1) If the ~~public utilities commission~~steering committee has	12966
reason to believe that a wireless service provider or reseller has	12967
failed to bill, collect, or remit the wireless 9-1-1 charge as	12968
required by divisions (A)(1) and (C)(1) of this section or has	12969
retained more than the amount authorized under division (A)(2) of	12970
this section, and after written notice to the provider or	12971
reseller, the ~~commission~~steering committee may audit the	12972
provider or reseller for the sole purpose of making such a	12973
determination. The audit may include, but is not limited to, a	12974
sample of the provider's or reseller's billings, collections,	12975
remittances, or retentions for a representative period, and the	12976
~~commission~~steering committee shall make a good faith effort to	12977
reach agreement with the provider or reseller in selecting that	12978
sample.	12979

(2) Upon written notice to the wireless service provider or	12980
reseller, the ~~commission~~steering committee, by order after	12981
completion of the audit, may make an assessment against the	12982
provider or reseller if, pursuant to the audit, the ~~commission~~	12983
steering committee determines that the provider or reseller has	12984
failed to bill, collect, or remit the wireless 9-1-1 charge as	12985
required by divisions (A)(1) and (C)(1) of this section or has	12986
retained more than the amount authorized under division (A)(2) of	12987
this section. The assessment shall be in the amount of any	12988
remittance that was due and unpaid on the date notice of the audit	12989
was sent by the ~~commission~~steering committee to the provider or	12990
reseller or, as applicable, in the amount of the excess amount	12991
under division (A)(2) of this section retained by the provider or	12992
reseller as of that date.	12993

(3) The portion of any assessment not paid within sixty days	12994
after the date of service by the ~~commission~~steering committee of	12995
the assessment notice under division (D)(2) of this section shall	12996
bear interest from that date until paid at the rate per annum	12997
prescribed by section 5703.47 of the Revised Code. That interest	12998
may be collected by making an assessment under division (D)(2) of	12999
this section. An assessment under this division and any interest	13000
due shall be remitted in the same manner as the wireless 9-1-1	13001
charge imposed under division (A) of section ~~5507.42~~128.42 of the	13002
Revised Code.	13003

(4) ~~An assessment is final and due and payable and shall be~~	13004
~~remitted to the commission unless the assessed party petitions for~~	13005
~~rehearing under section 4903.10 of the Revised Code. The~~	13006
~~proceedings of the commission specified in division (D)(4) of this~~	13007
~~section are subject to and governed by Chapter 4903. of the~~	13008
~~Revised Code, except that the court of appeals of Franklin county~~	13009
~~has exclusive, original jurisdiction to review, modify, or vacate~~	13010
~~an order of the commission under division (D)(2) of this section.~~	13011
~~The court shall hear and determine such appeal in the same manner~~	13012
~~and under the same standards as the Ohio supreme court hears and~~	13013
~~determines appeals under Chapter 4903. of the Revised Code.~~	13014

~~The judgment of the court of appeals is final and conclusive~~	13015
~~unless reversed, vacated, or modified on appeal. Such an appeal~~	13016
~~may be made by the commission or the person to whom the order~~	13017
~~under division (D)(2) of this section was issued and shall proceed~~	13018
~~as in the case of appeals in civil actions as provided in Chapter~~	13019
~~2505. of the Revised Code.~~Unless the provider, reseller, or	13020
seller assessed files with the steering committee within sixty	13021
days after service of the notice of assessment, either personally	13022
or by certified mail, a written petition for reassessment, signed	13023
by the party assessed or that party's authorized agent having	13024
knowledge of the facts, the assessment shall become final and the	13025
amount of the assessment shall be due and payable from the party	13026
assessed to the administrator. The petition shall indicate the	13027
objections of the party assessed, but additional objections may be	13028
raised in writing if received by the administrator or the steering	13029
committee prior to the date shown on the final determination.	13030

(5) After an assessment becomes final, if any portion of the	13031
assessment remains unpaid, including accrued interest, a certified	13032
copy of the ~~commission's entry making the assessment~~ final	13033
assessment may be filed in the office of the clerk of the court of	13034
common pleas in the county in which the place of business of the	13035
assessed party is located. If the party assessed maintains no	13036
place of business in this state, the certified copy of the ~~entry~~	13037
final assessment may be filed in the office of the clerk of the	13038
court of common pleas of Franklin county. Immediately upon the	13039
filing, the clerk shall enter a judgment for the state against the	13040
assessed party in the amount shown on the ~~entry~~final assessment.	13041
The judgment may be filed by the clerk in a loose-leaf book	13042
entitled "special judgments for wireless 9-1-1 charges" and shall	13043
have the same effect as other judgments. The judgment shall be	13044
executed upon the request of the ~~commission~~steering committee.	13045

(6) An assessment under this division does not discharge a	13046
subscriber's liability to reimburse the provider or reseller for	13047
the wireless 9-1-1 charge imposed under division (A) of section	13048
~~5507.42~~128.42 of the Revised Code. If, after the date of service	13049
of the audit notice under division (D)(1) of this section, a	13050
subscriber pays a wireless 9-1-1 charge for the period covered by	13051
the assessment, the payment shall be credited against the	13052
assessment.	13053

(7) All money collected by the ~~commission~~administrator under	13054
division (D) of this section shall be paid to the treasurer of	13055
state, for deposit to the credit of the wireless 9-1-1 government	13056
assistance fund.	13057

(E) Beginning January 1, 2014:

13058

(1) If the tax commissioner has reason to believe that a	13059
wireless service provider, reseller, or seller has failed to bill,	13060
collect, or remit the wireless 9-1-1 charge as required by this	13061
section and section ~~5507.42~~128.42 of the Revised Code or has	13062
retained more than the amount authorized under division (B)(4) of	13063
this section, and after written notice to the provider, reseller,	13064
or seller, the tax commissioner may audit the provider, reseller,	13065
or seller for the sole purpose of making such a determination. The	13066
audit may include, but is not limited to, a sample of the	13067
provider's, reseller's, or seller's billings, collections,	13068
remittances, or retentions for a representative period, and the	13069
tax commissioner shall make a good faith effort to reach agreement	13070
with the provider, reseller, or seller in selecting that sample.	13071

(2) Upon written notice to the wireless service provider,	13072
reseller, or seller, the tax commissioner, after completion of the	13073
audit, may make an assessment against the provider, reseller, or	13074
seller if, pursuant to the audit, the tax commissioner determines	13075
that the provider, reseller, or seller has failed to bill,	13076
collect, or remit the wireless 9-1-1 charge as required by this	13077
section and section ~~5507.42~~128.42 of the Revised Code or has	13078
retained more than the amount authorized under division (B)(4) of	13079
this section. The assessment shall be in the amount of any	13080
remittance that was due and unpaid on the date notice of the audit	13081
was sent by the tax commissioner to the provider, reseller, or	13082
seller or, as applicable, in the amount of the excess amount under	13083
division (B)(4) of this section retained by the provider,	13084
reseller, or seller as of that date.	13085

(3) The portion of any assessment consisting of wireless	13086
9-1-1 charges due and not paid within sixty days after the date of	13087
~~service by the tax commissioner of~~that the assessment ~~notice~~was	13088
made under division (E)(2) of this section shall bear interest	13089
from that date until paid at the rate per annum prescribed by	13090
section 5703.47 of the Revised Code. That interest may be	13091
collected by making an assessment under division (E)(2) of this	13092
section. ~~An assessment under this division and any interest due~~	13093
~~shall be remitted in the same manner as the wireless 9-1-1 charges~~	13094
~~imposed under section 5507.42 of the Revised Code.~~	13095

(4) ~~The portion of the assessment not paid within sixty days~~	13096
~~after the day the assessment was issued shall bear interest at the~~	13097
~~rate per annum prescribed by section 5703.47 of the Revised Code~~	13098
~~from the day the commissioner issues the assessment until it is~~	13099
~~paid. Interest shall be remitted in the same manner as the 9-1-1~~	13100
~~charges and may be collected by the issuance of an assessment~~	13101
~~under division (E) of this section.~~	13102

~~(5)~~ Unless the provider, reseller, or seller assessed files	13103
with the tax commissioner within sixty days after service of the	13104
notice of assessment, either personally or by certified mail, a	13105
written petition for reassessment, signed by the party assessed or	13106
that party's authorized agent having knowledge of the facts, the	13107
assessment shall become final and the amount of the assessment	13108
shall be due and payable from the party assessed to the treasurer	13109
of state, for deposit to the next generation 9-1-1 fund, which is	13110
created under section ~~5507.54~~128.54 of the Revised Code. The	13111
petition shall indicate the objections of the party assessed, but	13112
additional objections may be raised in writing if received by the	13113
commissioner prior to the date shown on the final determination.	13114
If the petition has been properly filed, the commissioner shall	13115
proceed under section 5703.60 of the Revised Code.	13116

~~(6)~~(5) After an assessment becomes final, if any portion of	13117
the assessment remains unpaid, including accrued interest, a	13118
certified copy of the final assessment may be filed in the office	13119
of the clerk of the court of common pleas in the county in which	13120
the business of the assessed party is conducted. If the party	13121
assessed maintains no place of business in this state, the	13122
certified copy of the final assessment may be filed in the office	13123
of the clerk of the court of common pleas of Franklin county.	13124
Immediately upon the filing, the clerk shall enter a judgment for	13125
the state against the assessed party in the amount shown on the	13126
final assessment. The judgment may be filed by the clerk in a	13127
loose-leaf book entitled "special judgments for wireless 9-1-1	13128
charges" and shall have the same effect as other judgments. The	13129
judgment shall be executed upon the request of the tax	13130
commissioner.	13131

~~(7)~~(6) If the commissioner determines that the commissioner	13132
erroneously has refunded a wireless 9-1-1 charge to any person,	13133
the commissioner may make an assessment against that person for	13134
recovery of the erroneously refunded charge.	13135

~~(8)~~(7) An assessment under division (E) of this section does	13136
not discharge a subscriber's or consumer's liability to reimburse	13137
the provider, reseller, or seller for a wireless 9-1-1 charge. If,	13138
after the date of service of the audit notice under division	13139
(E)(1) of this section, a subscriber or consumer pays a wireless	13140
9-1-1 charge for the period covered by the assessment, the payment	13141
shall be credited against the assessment.	13142

Sec. 128.461. Beginning January 1, 2014, any wireless 9-1-1	13143
charge required to be remitted under section 128.46 of the Revised	13144
Code shall be subject to interest as prescribed by section 5703.47	13145
of the Revised Code, calculated from the date the wireless 9-1-1	13146
charge was due under section 128.46 of the Revised Code to the	13147
date the wireless 9-1-1 charge is remitted or the date of	13148
assessment, whichever occurs first.	13149

Sec. 128.462. Beginning January 1, 2014:

13150

(A) Except as otherwise provided in this section, no	13151
assessment shall be made or issued against a wireless service	13152
provider, reseller, or seller for any wireless 9-1-1 charge	13153
imposed by or pursuant to section 128.42 of the Revised Code more	13154
than four years after the return date for the period in which the	13155
sale or purchase was made, or more than four years after the	13156
return for such period is filed, whichever is later. This division	13157
does not bar an assessment:	13158

(1) When the tax commissioner has substantial evidence of	13159
amounts of wireless 9-1-1 charges collected by a provider,	13160
reseller, or seller from subscribers or consumers, which were not	13161
returned to the state;	13162

(2) When the provider, reseller, or seller assessed failed to	13163
file a return as required by section 128.46 of the Revised Code;	13164

(3) When the provider, reseller, or seller and the	13165
commissioner waive in writing the time limitation.	13166

(B) No assessment shall be made or issued against a wireless	13167
service provider, reseller, or seller for any wireless 9-1-1	13168
charge imposed by or pursuant to section 128.42 of the Revised	13169
Code for any period during which there was in full force and	13170
effect a rule of the tax commissioner under or by virtue of which	13171
the collection or payment of any such wireless 9-1-1 charge was	13172
not required. This division does not bar an assessment when the	13173
tax commissioner has substantial evidence of amounts of wireless	13174
9-1-1 charges collected by a provider, reseller, or seller from	13175
subscribers or consumers, which were not returned to the state.	13176

Sec. 128.47. Beginning January 1, 2014:

13177

(A) A wireless service provider, reseller, seller, wireless	13178
service subscriber, or consumer of a prepaid wireless calling	13179
service may apply to the tax commissioner for a refund of wireless	13180
9-1-1 charges described in division (B) of this section. The	13181
application shall be made on the form prescribed by the tax	13182
commissioner. The application shall be made not later than four	13183
years after the date of the illegal or erroneous payment of the	13184
wireless 9-1-1 charge by the subscriber or consumer, unless the	13185
wireless service provider, reseller, or seller waives the time	13186
limitation under division (A)(3) of section 128.462 of the Revised	13187
Code. If the time limitation is waived, the refund application	13188
period shall be extended for the same period as the waiver.	13189

(B)(1) If a wireless service provider, reseller, or seller	13190
refunds to a subscriber or consumer the full amount of wireless	13191
9-1-1 charges that the subscriber or consumer paid illegally or	13192
erroneously, and if the provider, reseller, or seller remitted	13193
that amount under section 128.46 of the Revised Code, the tax	13194
commissioner shall refund that amount to the provider, reseller,	13195
or seller.	13196

(2) If a wireless service provider, reseller, or seller has	13197
illegally or erroneously billed a subscriber or charged a consumer	13198
for a wireless 9-1-1 charge, and if the provider, reseller, or	13199
seller has not collected the charge but has remitted that amount	13200
under section 128.46 of the Revised Code, the tax commissioner	13201
shall refund that amount to the provider, reseller, or seller.	13202

(C)(1) The tax commissioner may refund to a subscriber or	13203
consumer wireless 9-1-1 charges paid illegally or erroneously to a	13204
provider, reseller, or seller only if both of the following apply:	13205

(a) The tax commissioner has not refunded the wireless 9-1-1	13206
charges to the provider, reseller, or seller.	13207

(b) The provider, reseller, or seller has not refunded the	13208
wireless 9-1-1 charges to the subscriber or consumer.	13209

(2) The tax commissioner may require the subscriber or	13210
consumer to obtain from the provider, reseller, or seller a	13211
written statement confirming that the provider, reseller, or	13212
seller has not refunded the wireless 9-1-1 charges to the	13213
subscriber or consumer and that the provider, reseller, or seller	13214
has not filed an application for a refund under this section. The	13215
tax commissioner may also require the provider, reseller, or	13216
seller to provide this statement.	13217

(D) On the filing of an application for a refund under this	13218
section, the tax commissioner shall determine the amount of refund	13219
to which the applicant is entitled. If the amount is not less than	13220
that claimed, the commissioner shall certify the determined amount	13221
to the director of budget and management and the treasurer of	13222
state for payment from the tax refund fund created under section	13223
5703.052 of the Revised Code. If the amount is less than that	13224
claimed, the commissioner shall proceed in accordance with section	13225
5703.70 of the Revised Code.	13226

(E) Refunds granted under this section shall include interest	13227
as provided by section 5739.132 of the Revised Code.	13228

~~Sec. 5507.52.~~ Sec. 128.52. (A) Beginning on July 1, 2013, each	13229
seller of a prepaid wireless calling service required to collect	13230
prepaid wireless 9-1-1 charges under division (B) of section	13231
~~5507.42~~128.42 of the Revised Code shall also be subject to the	13232
provisions of Chapter 5739. of the Revised Code regarding the	13233
excise tax on retail sales levied under section 5739.02 of the	13234
Revised Code, as those provisions apply to audits, assessments,	13235
appeals, enforcement, liability, and penalties.	13236

(B) The tax commissioner shall establish procedures by which	13237
a person may document that a sale is not a retail sale of a	13238
prepaid wireless calling service. The procedures shall	13239
substantially coincide with similar procedures under Chapter 5739.	13240
of the Revised Code.	13241

~~Sec. 5507.53.~~ Sec. 128.53. (A) There is hereby created the	13242
wireless 9-1-1 administrative fund in the state treasury. A	13243
~~sufficient percentage, determined by the chairperson of the public~~	13244
~~utilities commission but not to exceed two~~Two per cent, of the	13245
periodic remittances of the wireless 9-1-1 charges under section	13246
~~5507.46~~128.46 of the Revised Code shall be deposited to the	13247
credit of the fund, to be used by the ~~commission~~steering	13248
committee to cover such nonpayroll costs and, at the discretion of	13249
the ~~commission~~steering committee such payroll costs, of the	13250
~~commission~~steering committee as are incurred in ~~assisting the~~	13251
~~coordinator in~~ carrying out ~~sections 5507.40 to 5507.66 of the~~	13252
~~Revised Code and in conducting audits under division (D) of~~	13253
~~section 5507.46 of the Revised Code. In addition, the compensation~~	13254
~~of the Ohio 9-1-1 coordinator, and any expenses of the coordinator~~	13255
~~in carrying out those sections, shall be paid from the fund~~this	13256
chapter.	13257

(B) There is hereby created the wireless 9-1-1 government	13258
assistance fund, which shall be in the custody of the treasurer of	13259
state but shall not be part of the state treasury. The periodic	13260
remittances of the wireless 9-1-1 charges under section ~~5507.46~~	13261
128.46 of the Revised Code, remaining after the deposit required	13262
by division (A) of this section, shall be deposited to the credit	13263
of the wireless 9-1-1 government assistance fund. The treasurer of	13264
state shall deposit or invest the moneys in this fund in	13265
accordance with Chapter 135. of the Revised Code and any other	13266
provision of law governing public moneys of the state as defined	13267
in section 135.01 of the Revised Code. The treasurer of state	13268
shall credit the interest earned to the fund. The treasurer of	13269
state shall disburse money from the fund solely upon order of the	13270
~~coordinator~~steering committee as authorized under division (A) of	13271
section ~~5507.55~~128.55 of the Revised Code. Annually, unless the	13272
fund is depleted, the treasurer of state shall certify to the	13273
~~coordinator~~steering committee the amount of moneys in the	13274
treasurer of state's custody belonging to the fund.	13275

(C) The ~~commission~~steering committee shall transfer the	13276
funds remaining in the wireless 9-1-1 government assistance fund	13277
after the disbursements made under division (A) of section ~~5507.55~~	13278
128.55 of the Revised Code to the credit of the next generation	13279
9-1-1 fund, created in section ~~5507.54~~128.54 of the Revised	13280
Code.	13281

~~Sec. 5507.54.~~ Sec. 128.54. (A) Beginning January 1, 2014:

13282

(1) ~~The periodic remittances of the wireless 9-1-1 charges~~	13283
For the purpose of receiving, distributing, and accounting for	13284
amounts received from the wireless 9-1-1 charges imposed under	13285
section 128.42 of the Revised Code, the following funds are	13286
created in the state treasury:	13287

(a) The wireless 9-1-1 government assistance fund;

13288

(b) The wireless 9-1-1 administrative fund;

13289

13290

(d) The next generation 9-1-1 fund.

13291

(2) Amounts remitted under section ~~5507.46~~128.46 of the	13292
Revised Code shall be paid to the treasurer of state for deposit	13293
as follows:	13294

(a) ~~Ninety-eight~~Ninety-seven per cent to the wireless 9-1-1	13295
government assistance fund~~, which is hereby created in the custody~~	13296
~~of the treasurer of state but which shall not be a part of the~~	13297
~~state treasury~~. ~~The treasurer of state shall deposit or invest the~~	13298
~~moneys in this fund in accordance with Chapter 135. of the Revised~~	13299
~~Code and any other provision of law governing public moneys of the~~	13300
~~state as defined in section 135.01 of the Revised Code. The~~	13301
~~treasurer of state shall credit the~~All interest earned on the	13302
wireless 9-1-1 government assistance fund shall be credited to the	13303
fund. ~~The treasurer of state shall disburse money from the fund~~	13304
~~solely upon order of the tax commissioner according to policies~~	13305
~~established by the statewide emergency services internet protocol~~	13306
~~network steering committee as authorized under section 5507.021 of~~	13307
~~the Revised Code. Annually, until the fund is depleted, the~~	13308
~~treasurer of state shall certify to the commissioner the amount of~~	13309
~~moneys in the treasurer of state's custody belonging to the fund.~~	13310

(b) One per cent to the wireless 9-1-1 administrative fund,	13311
~~which is hereby created in the state treasury. The treasurer of~~	13312
~~state shall credit the interest earned to the fund.~~;	13313

(c) ~~One~~Two per cent to the ~~wireless~~ 9-1-1 ~~public safety~~	13314
~~administrative~~program fund~~, which is hereby created in the state~~	13315
~~treasury. The treasurer of state shall credit the interest earned~~	13316
~~to the fund~~.	13317

~~(2)~~(3) The tax commissioner shall use the ~~remittances in the~~	13318
wireless 9-1-1 administrative fund to defray the costs incurred in	13319
carrying out this chapter.	13320

~~(3)~~(4) The ~~director of public safety~~steering committee shall	13321
use the ~~remittances in the wireless~~ 9-1-1 ~~public safety~~	13322
~~administrative~~program fund to defray the costs incurred by the	13323
~~department~~steering committee in carrying out this chapter.	13324

~~(4)~~(5) Annually, the tax commissioner and the ~~director of~~	13325
~~public safety~~steering committee, after paying administrative	13326
costs under ~~division (B) of~~ this section, shall transfer any	13327
excess remaining in the administrative funds to the next	13328
generation 9-1-1 fund, created under this section.	13329

(B)~~(1) There is hereby created the next generation 9-1-1~~	13330
~~fund, which shall be in the custody of the treasurer but shall not~~	13331
~~be a part of the state treasury.~~	13332

~~(2) Beginning on January 1, 2014, the~~The tax commissioner	13333
shall transfer the funds remaining in the wireless 9-1-1	13334
government assistance fund after the disbursements made under	13335
division (B)(1) of section ~~5507.55~~128.55 of the Revised Code to	13336
the credit of the next generation 9-1-1 fund. All interest earned	13337
on the next generation 9-1-1 fund shall be credited to the fund.	13338

~~(3) The treasurer of state shall deposit or invest the moneys~~	13339
~~in the next generation 9-1-1 fund in accordance with Chapter 135.~~	13340
~~of the Revised Code and any other provision of law governing~~	13341
~~public moneys of the state as defined in section 135.01 of the~~	13342
~~Revised Code. The treasurer of state shall credit the interest~~	13343
~~earned to the fund. The treasurer of state shall disburse money~~	13344
~~from the fund solely upon order of the tax commissioner according~~	13345
~~to policies established by the statewide emergency services~~	13346
~~internet protocol network steering committee as authorized under~~	13347
~~section 5507.021 of the Revised Code. Annually, until the fund is~~	13348
~~depleted, the treasurer of state shall certify to the commissioner~~	13349
~~the amount of moneys in the treasurer of state's custody belonging~~	13350
~~to the fund.~~	13351

(C) From the wireless 9-1-1 government assistance fund, the	13352
director of budget and management shall, as funds are available,	13353
transfer to the tax refund fund, created under section 5703.052 of	13354
the Revised Code, amounts equal to the refunds certified by the	13355
tax commissioner under division (D) of section 128.47 of the	13356
Revised Code.	13357

~~Sec. 5507.55.~~ Sec. 128.55. (A) Prior to January 1, 2014, the ~~public~~	13358
~~utilities commission~~steering committee shall disburse moneys from	13359
the wireless 9-1-1 government assistance fund to each county in	13360
the same manner as the 2012 disbursements, in accordance with	13361
divisions (A) and (B) of section 4931.64 of the Revised Code as	13362
those divisions existed prior to the effective date of H.B. 360 of	13363
the 129th general assembly, December 20, 2012.	13364

(B) Beginning January 1, 2014:

13365

(1) The tax commissioner, not later than the last day of each	13366
month, shall disburse moneys from the wireless 9-1-1 government	13367
assistance fund, plus any accrued interest on the fund, to each	13368
county ~~in the same manner as the 2012 disbursements, in accordance~~	13369
~~with divisions (A) and (B) of section 4931.64 of the Revised Code~~	13370
~~as those divisions existed prior to the effective date of H.B. 360~~	13371
~~of the 129th general assembly~~treasurer.	13372

(a) If there are sufficient funds in the wireless 9-1-1	13373
government assistance fund, each county treasurer shall receive	13374
the same amount distributed to that county by the public utilities	13375
commission in the corresponding calendar month in 2013. If any	13376
excess remains after these distributions are made, the tax	13377
commissioner shall transfer that excess to the next generation	13378
9-1-1 fund.	13379

(b) If the funds available are insufficient to make the	13380
distributions as provided in division (B)(1)(a) of this section,	13381
each county's share shall be reduced in proportion to the amounts	13382
received in the corresponding calendar month in 2013, until the	13383
total amount to be distributed to the counties is equivalent to	13384
the amount available in the wireless 9-1-1 government assistance	13385
fund.	13386

(2) The tax commissioner shall disburse moneys from the next	13387
generation 9-1-1 fund in accordance with the guidelines	13388
established under section ~~5507.022~~128.022 of the Revised Code.	13389

(C) Immediately upon receipt by a county treasurer of a	13390
disbursement under division (A) or (B)(1) of this section, the	13391
county shall disburse, in accordance with the allocation formula	13392
set forth in the final plan, the amount the county so received to	13393
any other subdivisions in the county and any regional councils of	13394
governments in the county that pay the costs of a public safety	13395
answering point providing wireless enhanced 9-1-1 under the plan.	13396

(D) Nothing in this chapter affects the authority of a	13397
subdivision operating or served by a public safety answering point	13398
of a 9-1-1 system or a regional council of governments operating a	13399
public safety answering point of a 9-1-1 system to use, as	13400
provided in the final plan for the system or in an agreement under	13401
section ~~5507.09~~128.09 of the Revised Code, any other authorized	13402
revenue of the subdivision or the regional council of governments	13403
for the purposes of providing basic or enhanced 9-1-1.	13404

~~Sec. 5507.57.~~ Sec. 128.57. Except as otherwise provided in section	13405
~~5507.571~~128.571 of the Revised Code:	13406

(A) A countywide 9-1-1 system receiving a disbursement under	13407
section ~~5507.55~~128.55 of the Revised Code shall provide	13408
countywide wireless enhanced 9-1-1 in accordance with this chapter	13409
beginning as soon as reasonably possible after receipt of the	13410
first disbursement or, if that service is already implemented,	13411
shall continue to provide such service. Except as provided in	13412
divisions (B), (C), and (E) of this section, a disbursement shall	13413
be used solely for the purpose of paying either or both of the	13414
following:	13415

(1) Any costs of designing, upgrading, purchasing, leasing,	13416
programming, installing, testing, or maintaining the necessary	13417
data, hardware, software, and trunking required for the public	13418
safety answering point or points of the 9-1-1 system to provide	13419
wireless enhanced 9-1-1, which costs are incurred before or on or	13420
after May 6, 2005, and consist of such additional costs of the	13421
9-1-1 system over and above any costs incurred to provide wireline	13422
9-1-1 or to otherwise provide wireless enhanced 9-1-1. Annually,	13423
up to twenty-five thousand dollars of the disbursements received	13424
on or after January 1, 2009, may be applied to data, hardware, and	13425
software that automatically alerts personnel receiving a 9-1-1	13426
call that a person at the subscriber's address or telephone number	13427
may have a mental or physical disability, of which that personnel	13428
shall inform the appropriate emergency service provider. On or	13429
after the provision of technical and operational standards	13430
pursuant to ~~division (D)(1) of~~ section ~~5507.65~~128.021 of the	13431
Revised Code, a regional council of governments operating a public	13432
safety answering point or a subdivision shall consider the	13433
standards before incurring any costs described in this division.	13434

(2) Any costs of training the staff of the public safety	13435
answering point or points to provide wireless enhanced 9-1-1,	13436
which costs are incurred before or on or after May 6, 2005.	13437

(B) A subdivision or a regional council of governments that	13438
certifies to the ~~department of public safety~~steering committee	13439
that it has paid the costs described in divisions (A)(1) and (2)	13440
of this section and is providing countywide wireless enhanced	13441
9-1-1 may use disbursements received under section ~~5507.55~~128.55	13442
of the Revised Code to pay any of its personnel costs of one or	13443
more public safety answering points providing countywide wireless	13444
enhanced 9-1-1.	13445

(C) After receiving its July 2013 disbursement under division	13446
(A) of section ~~5507.55~~128.55 of the Revised Code, a regional	13447
council of governments operating a public safety answering point	13448
or a subdivision may use any remaining balance of disbursements it	13449
received under that division to pay any of its costs of providing	13450
countywide wireless 9-1-1, including the personnel costs of one or	13451
more public safety answering points providing that service.	13452

(D) The costs described in divisions (A), (B), (C), and (E)	13453
of this section may include any such costs payable pursuant to an	13454
agreement under division (J) of section ~~5507.03~~128.03 of the	13455
Revised Code.	13456

(E)(1) No disbursement to a countywide 9-1-1 system for costs	13457
of a public safety answering point shall be made from the wireless	13458
9-1-1 government assistance fund or the next generation 9-1-1 fund	13459
unless the public safety answering point meets the standards set	13460
by rule of the ~~statewide emergency services internet protocol~~	13461
~~network~~ steering committee under section ~~5507.021~~128.021 of the	13462
Revised Code.	13463

(2) The ~~department of public safety~~steering committee shall	13464
monitor compliance with the standards ~~set by the steering~~	13465
~~committee. The department~~and shall notify the tax commissioner to	13466
suspend disbursements to a countywide 9-1-1 system that fails to	13467
meet the standards. Upon receipt of this notification, the	13468
commissioner shall suspend disbursements until the commissioner is	13469
notified of compliance with the standards.	13470

(F) The auditor of state may audit and review each county's	13471
expenditures of funds received from the wireless 9-1-1 government	13472
assistance fund to verify that the funds were used in accordance	13473
with the requirements of this chapter.	13474

~~Sec. 5507.571.~~ Sec. 128.571. (A) Payment of costs specified in	13475
divisions (A) to (D) of section ~~5507.57~~128.57 of the Revised Code	13476
from a disbursement under section ~~5507.55~~128.55 of the Revised	13477
Code shall be limited to those specified and payable costs	13478
incurred for a specified number of public safety answering points	13479
of the particular 9-1-1 system as follows:	13480

(1) For the period beginning on March 1, 2009, and ending on	13481
December 31, 2015, a countywide 9-1-1 system may use disbursements	13482
for not more than five public safety answering points per calendar	13483
year.	13484

(2) Except as provided in division (B) of this section:

13485

(a) For the period beginning on January 1, 2016, and ending	13486
on December 31, 2017, a countywide 9-1-1 system may use	13487
disbursements for not more than four public safety answering	13488
points per calendar year.	13489

(b) For the period beginning on January 1, 2018, and	13490
thereafter a countywide 9-1-1 system may use disbursements for not	13491
more than three public safety answering points per calendar year.	13492

(B) If within a county there is a municipal corporation with	13493
a population of over ~~175,000~~one hundred seventy-five thousand	13494
according to the most recent federal decennial census, that county	13495
may use disbursements for one public safety answering point in	13496
addition to the number of public safety answering points allowed	13497
under division (A)(2) of this section.	13498

(C) If a county exceeds the allowable number of public safety	13499
answering points under this section, disbursements to countywide	13500
9-1-1 systems made to the county from the wireless 9-1-1	13501
government assistance fund and the next generation 9-1-1 fund	13502
shall be reduced by fifty per cent until the county complies with	13503
the public safety answering point limitations established under	13504
this section.	13505

~~Sec. 5507.60.~~ Sec. 128.60. (A)(1) A telephone company, the state	13506
highway patrol as described in division (J) of section ~~5507.03~~	13507
128.03 of the Revised Code, and each subdivision or regional	13508
council of governments operating one or more public safety	13509
answering points for a countywide system providing wireless 9-1-1,	13510
shall provide the ~~director of public safety~~steering committee and	13511
the tax commissioner with such information as the ~~director~~	13512
steering committee and tax commissioner request for the purposes	13513
of carrying out their duties under this chapter, including, but	13514
not limited to, duties regarding the collection of the wireless	13515
9-1-1 charges imposed under section ~~5507.42~~128.42 of the Revised	13516
Code.	13517

(2) A wireless service provider shall provide an official,	13518
employee, agent, or representative of a subdivision or regional	13519
council of governments operating a public safety answering point,	13520
or of the state highway patrol as described in division (J) of	13521
section ~~5507.03~~128.03 of the Revised Code, with such technical,	13522
service, and location information as the official, employee,	13523
agent, or representative requests for the purpose of providing	13524
wireless 9-1-1.	13525

(3) A subdivision or regional council of governments	13526
operating one or more public safety answering points of a 9-1-1	13527
system, and a telephone company, shall provide to the ~~Ohio 9-1-1~~	13528
~~council~~steering committee such information as the ~~council~~	13529
steering committee requires for the purpose of carrying out its	13530
duties under ~~division (D) of section 5507.65~~Chapter 128. of the	13531
Revised Code.	13532

(B)(1) Any information provided under division (A) of this	13533
section that consists of trade secrets as defined in section	13534
1333.61 of the Revised Code or of information regarding the	13535
customers, revenues, expenses, or network information of a	13536
telephone company shall be confidential and does not constitute a	13537
public record for the purpose of section 149.43 of the Revised	13538
Code.	13539

(2) The ~~director~~steering committee, tax commissioner, and	13540
any official, employee, agent, or representative of the ~~director~~	13541
steering committee, of the tax commissioner, of the state highway	13542
patrol as described in division (J) of section ~~5507.03~~128.03 of	13543
the Revised Code, or of a subdivision or regional council of	13544
governments operating a public safety answering point, while	13545
acting or claiming to act in the capacity of the ~~director~~steering	13546
committee or tax commissioner or such official, employee, agent,	13547
or representative, shall not disclose any information provided	13548
under division (A) of this section regarding a telephone company's	13549
customers, revenues, expenses, or network information. Nothing in	13550
division (B)(2) of this section precludes any such information	13551
from being aggregated and included in any report ~~required under~~	13552
~~division (D) of section 5507.66 of the Revised Code~~of the	13553
steering committee, tax commissioner, or any official, employee,	13554
agent, or representative of the steering committee or tax	13555
commissioner, provided the aggregated information does not	13556
identify the number of any particular company's customers or the	13557
amount of its revenues or expenses or identify a particular	13558
company as to any network information.	13559

~~Sec. 5507.63.~~ Sec. 128.63. (A) The tax commissioner may adopt	13560
rules in accordance with Chapter 119. of the Revised Code to carry	13561
out this chapter, including rules prescribing the necessary	13562
accounting for the collection fee under division (B)(4) of section	13563
~~5507.46~~128.46 of the Revised Code.	13564

(B) The amounts of the wireless 9-1-1 charges shall be	13565
prescribed only by act of the general assembly.	13566

~~Sec. 5507.99.~~ Sec. 128.99. (A) Whoever violates division (E) of	13567
section ~~5507.32~~128.32 of the Revised Code is guilty of a	13568
misdemeanor of the fourth degree.	13569

(B) Whoever violates division (F) or (G) of section ~~5507.32~~	13570
128.32 or division (B)(2) of section ~~5507.60~~128.60 of the Revised	13571
Code is guilty of a misdemeanor of the fourth degree on a first	13572
offense and a felony of the fifth degree on each subsequent	13573
offense.	13574

(C) If a wireless service provider, reseller, or seller	13575
violates division (B)(1)(a) of section 128.46 of the Revised Code,	13576
and does not comply with any extensions granted under division	13577
(B)(2) of that section, the tax commissioner may impose a	13578
late-filing penalty of not more than the greater of fifty dollars	13579
or five per cent of the amount required to be remitted as	13580
described in division (B)(1)(b) of that section.	13581

(D) If a wireless service provider, reseller, or seller fails	13582
to comply with division (B)(1)(b) of section 128.46 of the Revised	13583
Code, the tax commissioner may impose a late-payment penalty of	13584
not more than the greater of fifty dollars or five per cent of the	13585
wireless 9-1-1 charge required to be remitted for the reporting	13586
period minus any partial remittance made on or before the due	13587
date, including any extensions granted under division (B)(2) of	13588
section 128.46 of the Revised Code.	13589

(E) The tax commissioner may impose an assessment penalty of	13590
not more than the greater of one hundred dollars or thirty-five	13591
per cent of the wireless 9-1-1 charges due after the tax	13592
commissioner notifies the person of an audit, an examination, a	13593
delinquency, assessment, or other notice that additional wireless	13594
9-1-1 charges are due.	13595

(F) If a wireless service provider, reseller, or seller fails	13596
to comply with either electronic requirement of division (B)(5) of	13597
section 128.46 of the Revised Code, the tax commissioner may	13598
impose an electronic penalty, for either or both failures to	13599
comply, of not more than the lesser of the following:	13600

(1) The greater of one hundred dollars or ten per cent of the	13601
amount required to be, but not, remitted electronically;	13602

(2) Five thousand dollars.

13603

(G) Each penalty described in divisions (C) to (F) of this	13604
section is in addition to any other penalty described in those	13605
divisions. The tax commissioner may abate all or any portion of	13606
any penalty described in those divisions.	13607

Sec. 131.51. (A) On or before July 5, 2013, the tax	13608
commissioner shall compute the following amounts and certify those	13609
amounts to the director of budget and management:	13610

(1) A percentage calculated by multiplying one hundred by the	13611
quotient obtained by dividing the total amount credited to the	13612
local government fund in fiscal year 2013 by the total amount of	13613
tax revenue credited to the general revenue fund in fiscal year	13614
2013. The percentage shall be rounded to the nearest one-hundredth	13615
of one per cent.	13616

(2) A percentage calculated by multiplying one hundred by the	13617
quotient obtained by dividing the total amount credited to the	13618
public library fund in fiscal year 2013 by the total amount of tax	13619
revenue credited to the general revenue fund in fiscal year 2013.	13620
The percentage shall be rounded to the nearest one-hundredth of	13621
one per cent.	13622

(B) On or before the seventh day of each month, the director	13623
of budget and management shall credit to the local government fund	13624
an amount equal to the product obtained by multiplying the	13625
percentage calculated under division (A)(1) of this section by the	13626
total tax revenue credited to the general revenue fund during the	13627
preceding month. In determining the total tax revenue credited to	13628
the general revenue fund during the preceding month, the director	13629
shall include amounts transferred from the fund during the	13630
preceding month under this division and division (C) of this	13631
section. Money shall be distributed from the local government fund	13632
as required under section 5747.50 of the Revised Code during the	13633
same month in which it is credited to the fund.	13634

(C) On or before the seventh day of each month, the director	13635
of budget and management shall credit to the public library fund	13636
an amount equal to the product obtained by multiplying the	13637
percentage calculated under division (A)(2) of this section by the	13638
total tax revenue credited to the general revenue fund during the	13639
preceding month. In determining the total tax revenue credited to	13640
the general revenue fund during the preceding month, the director	13641
shall include amounts transferred from the fund during the	13642
preceding month under this division and division (B) of this	13643
section. Money shall be distributed from the public library fund	13644
as required under section 5747.47 of the Revised Code during the	13645
same month in which it is credited to the fund.	13646

(D) The director of budget and management shall develop a	13647
schedule identifying the specific tax revenue sources to be used	13648
to make the monthly transfers required under divisions (B) and (C)	13649
of this section. The director may, from time to time, revise the	13650
schedule as the director considers necessary.	13651

Sec. 133.01. As used in this chapter, in sections 9.95,	13652
9.96, and 2151.655 of the Revised Code, in other sections of the	13653
Revised Code that make reference to this chapter unless the	13654
context does not permit, and in related proceedings, unless	13655
otherwise expressly provided:	13656

(A) "Acquisition" as applied to real or personal property	13657
includes, among other forms of acquisition, acquisition by	13658
exercise of a purchase option, and acquisition of interests in	13659
property, including, without limitation, easements and	13660
rights-of-way, and leasehold and other lease interests initially	13661
extending or extendable for a period of at least sixty months.	13662

(B) "Anticipatory securities" means securities, including	13663
notes, issued in anticipation of the issuance of other securities.	13664

(C) "Board of elections" means the county board of elections	13665
of the county in which the subdivision is located. If the	13666
subdivision is located in more than one county, "board of	13667
elections" means the county board of elections of the county that	13668
contains the largest portion of the population of the subdivision	13669
or that otherwise has jurisdiction in practice over and	13670
customarily handles election matters relating to the subdivision.	13671

(D) "Bond retirement fund" means the bond retirement fund	13672
provided for in section 5705.09 of the Revised Code, and also	13673
means a sinking fund or any other special fund, regardless of the	13674
name applied to it, established by or pursuant to law or the	13675
proceedings for the payment of debt charges. Provision may be made	13676
in the applicable proceedings for the establishment in a bond	13677
retirement fund of separate accounts relating to debt charges on	13678
particular securities, or on securities payable from the same or	13679
common sources, and for the application of moneys in those	13680
accounts only to specified debt charges on specified securities or	13681
categories of securities. Subject to law and any provisions in the	13682
applicable proceedings, moneys in a bond retirement fund or	13683
separate account in a bond retirement fund may be transferred to	13684
other funds and accounts.	13685

(E) "Capitalized interest" means all or a portion of the	13686
interest payable on securities from their date to a date stated or	13687
provided for in the applicable legislation, which interest is to	13688
be paid from the proceeds of the securities.	13689

(F) "Chapter 133. securities" means securities authorized by	13690
or issued pursuant to or in accordance with this chapter.	13691

(G) "County auditor" means the county auditor of the county	13692
in which the subdivision is located. If the subdivision is located	13693
in more than one county, "county auditor" means the county auditor	13694
of the county that contains the highest amount of the tax	13695
valuation of the subdivision or that otherwise has jurisdiction in	13696
practice over and customarily handles property tax matters	13697
relating to the subdivision. In the case of a county that has	13698
adopted a charter, "county auditor" means the officer who	13699
generally has the duties and functions provided in the Revised	13700
Code for a county auditor.	13701

(H) "Credit enhancement facilities" means letters of credit,	13702
lines of credit, stand-by, contingent, or firm securities purchase	13703
agreements, insurance, or surety arrangements, guarantees, and	13704
other arrangements that provide for direct or contingent payment	13705
of debt charges, for security or additional security in the event	13706
of nonpayment or default in respect of securities, or for making	13707
payment of debt charges to and at the option and on demand of	13708
securities holders or at the option of the issuer or upon certain	13709
conditions occurring under put or similar arrangements, or for	13710
otherwise supporting the credit or liquidity of the securities,	13711
and includes credit, reimbursement, marketing, remarketing,	13712
indexing, carrying, interest rate hedge, and subrogation	13713
agreements, and other agreements and arrangements for payment and	13714
reimbursement of the person providing the credit enhancement	13715
facility and the security for that payment and reimbursement.	13716

(I) "Current operating expenses" or "current expenses" means	13717
the lawful expenditures of a subdivision, except those for	13718
permanent improvements and for payments of debt charges of the	13719
subdivision.	13720

(J) "Debt charges" means the principal, including any	13721
mandatory sinking fund deposits and mandatory redemption payments,	13722
interest, and any redemption premium, payable on securities as	13723
those payments come due and are payable. The use of "debt charges"	13724
for this purpose does not imply that any particular securities	13725
constitute debt within the meaning of the Ohio Constitution or	13726
other laws.	13727

(K) "Financing costs" means all costs and expenses relating	13728
to the authorization, including any required election, issuance,	13729
sale, delivery, authentication, deposit, custody, clearing,	13730
registration, transfer, exchange, fractionalization, replacement,	13731
payment, and servicing of securities, including, without	13732
limitation, costs and expenses for or relating to publication and	13733
printing, postage, delivery, preliminary and final official	13734
statements, offering circulars, and informational statements,	13735
travel and transportation, underwriters, placement agents,	13736
investment bankers, paying agents, registrars, authenticating	13737
agents, remarketing agents, custodians, clearing agencies or	13738
corporations, securities depositories, financial advisory	13739
services, certifications, audits, federal or state regulatory	13740
agencies, accounting and computation services, legal services and	13741
obtaining approving legal opinions and other legal opinions,	13742
credit ratings, redemption premiums, and credit enhancement	13743
facilities. Financing costs may be paid from any moneys available	13744
for the purpose, including, unless otherwise provided in the	13745
proceedings, from the proceeds of the securities to which they	13746
relate and, as to future financing costs, from the same sources	13747
from which debt charges on the securities are paid and as though	13748
debt charges.	13749

(L) "Fiscal officer" means the following, or, in the case of	13750
absence or vacancy in the office, a deputy or assistant authorized	13751
by law or charter to act in the place of the named officer, or if	13752
there is no such authorization then the deputy or assistant	13753
authorized by legislation to act in the place of the named officer	13754
for purposes of this chapter, in the case of the following	13755
subdivisions:	13756

(1) A county, the county auditor;

13757

(2) A municipal corporation, the city auditor or village	13758
clerk or clerk-treasurer, or the officer who, by virtue of a	13759
charter, has the duties and functions provided in the Revised Code	13760
for the city auditor or village clerk or clerk-treasurer;	13761

(3) A school district, the treasurer of the board of	13762
education;	13763

(4) A regional water and sewer district, the secretary of the	13764
board of trustees;	13765

(5) A joint township hospital district, the treasurer of the	13766
district;	13767

(6) A joint ambulance district, the clerk of the board of	13768
trustees;	13769

(7) A joint recreation district, the person designated	13770
pursuant to section 755.15 of the Revised Code;	13771

(8) A detention facility district or a district organized	13772
under section 2151.65 of the Revised Code or a combined district	13773
organized under sections 2152.41 and 2151.65 of the Revised Code,	13774
the county auditor of the county designated by law to act as the	13775
auditor of the district;	13776

(9) A township, a fire district organized under division (C)	13777
of section 505.37 of the Revised Code, or a township police	13778
district, the fiscal officer of the township;	13779

(10) A joint fire district, the clerk of the board of	13780
trustees of that district;	13781

(11) A regional or county library district, the person	13782
responsible for the financial affairs of that district;	13783

(12) A joint solid waste management district, the fiscal	13784
officer appointed by the board of directors of the district under	13785
section 343.01 of the Revised Code;	13786

(13) A joint emergency medical services district, the person	13787
appointed as fiscal officer pursuant to division (D) of section	13788
307.053 of the Revised Code;	13789

(14) A fire and ambulance district, the person appointed as	13790
fiscal officer under division (B) of section 505.375 of the	13791
Revised Code;	13792

(15) A subdivision described in division (MM)~~(18)~~(19) of this	13793
section, the officer who is designated by law as or performs the	13794
functions of its chief fiscal officer;	13795

(16) A joint police district, the treasurer of the district;

13796

(17) A lake facilities authority, the fiscal officer	13797
designated under section 353.02 of the Revised Code.	13798

(M) "Fiscal year" has the same meaning as in section 9.34 of	13799
the Revised Code.	13800

(N) "Fractionalized interests in public obligations" means	13801
participations, certificates of participation, shares, or other	13802
instruments or agreements, separate from the public obligations	13803
themselves, evidencing ownership of interests in public	13804
obligations or of rights to receive payments of, or on account of,	13805
principal or interest or their equivalents payable by or on behalf	13806
of an obligor pursuant to public obligations.	13807

(O) "Fully registered securities" means securities in	13808
certificated or uncertificated form, registered as to both	13809
principal and interest in the name of the owner.	13810

(P) "Fund" means to provide for the payment of debt charges	13811
and expenses related to that payment at or prior to retirement by	13812
purchase, call for redemption, payment at maturity, or otherwise.	13813

(Q) "General obligation" means securities to the payment of	13814
debt charges on which the full faith and credit and the general	13815
property taxing power, including taxes within the tax limitation	13816
if available to the subdivision, of the subdivision are pledged.	13817

(R) "Interest" or "interest equivalent" means those payments	13818
or portions of payments, however denominated, that constitute or	13819
represent consideration for forbearing the collection of money, or	13820
for deferring the receipt of payment of money to a future time.	13821

(S) "Internal Revenue Code" means the "Internal Revenue Code	13822
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	13823
includes any laws of the United States providing for application	13824
of that code.	13825

(T) "Issuer" means any public issuer and any nonprofit	13826
corporation authorized to issue securities for or on behalf of any	13827
public issuer.	13828

(U) "Legislation" means an ordinance or resolution passed by	13829
a majority affirmative vote of the then members of the taxing	13830
authority unless a different vote is required by charter	13831
provisions governing the passage of the particular legislation by	13832
the taxing authority.	13833

(V) "Mandatory sinking fund redemption requirements" means	13834
amounts required by proceedings to be deposited in a bond	13835
retirement fund for the purpose of paying in any year or fiscal	13836
year by mandatory redemption prior to stated maturity the	13837
principal of securities that is due and payable, except for	13838
mandatory prior redemption requirements as provided in those	13839
proceedings, in a subsequent year or fiscal year.	13840

(W) "Mandatory sinking fund requirements" means amounts	13841
required by proceedings to be deposited in a year or fiscal year	13842
in a bond retirement fund for the purpose of paying the principal	13843
of securities that is due and payable in a subsequent year or	13844
fiscal year.	13845

(X) "Net indebtedness" has the same meaning as in division	13846
(A) of section 133.04 of the Revised Code.	13847

(Y) "Obligor," in the case of securities or fractionalized	13848
interests in public obligations issued by another person the debt	13849
charges or their equivalents on which are payable from payments	13850
made by a public issuer, means that public issuer.	13851

(Z) "One purpose" relating to permanent improvements means	13852
any one permanent improvement or group or category of permanent	13853
improvements for the same utility, enterprise, system, or project,	13854
development or redevelopment project, or for or devoted to the	13855
same general purpose, function, or use or for which	13856
self-supporting securities, based on the same or different sources	13857
of revenues, may be issued or for which special assessments may be	13858
levied by a single ordinance or resolution. "One purpose"	13859
includes, but is not limited to, in any case any off-street	13860
parking facilities relating to another permanent improvement, and:	13861

(1) Any number of roads, highways, streets, bridges,	13862
sidewalks, and viaducts;	13863

(2) Any number of off-street parking facilities;

13864

(3) In the case of a county, any number of permanent	13865
improvements for courthouse, jail, county offices, and other	13866
county buildings, and related facilities;	13867

(4) In the case of a school district, any number of	13868
facilities and buildings for school district purposes, and related	13869
facilities.	13870

(AA) "Outstanding," referring to securities, means securities	13871
that have been issued, delivered, and paid for, except any of the	13872
following:	13873

(1) Securities canceled upon surrender, exchange, or	13874
transfer, or upon payment or redemption;	13875

(2) Securities in replacement of which or in exchange for	13876
which other securities have been issued;	13877

(3) Securities for the payment, or redemption or purchase for	13878
cancellation prior to maturity, of which sufficient moneys or	13879
investments, in accordance with the applicable legislation or	13880
other proceedings or any applicable law, by mandatory sinking fund	13881
redemption requirements, mandatory sinking fund requirements, or	13882
otherwise, have been deposited, and credited for the purpose in a	13883
bond retirement fund or with a trustee or paying or escrow agent,	13884
whether at or prior to their maturity or redemption, and, in the	13885
case of securities to be redeemed prior to their stated maturity,	13886
notice of redemption has been given or satisfactory arrangements	13887
have been made for giving notice of that redemption, or waiver of	13888
that notice by or on behalf of the affected security holders has	13889
been filed with the subdivision or its agent for the purpose.	13890

(BB) "Paying agent" means the one or more banks, trust	13891
companies, or other financial institutions or qualified persons,	13892
including an appropriate office or officer of the subdivision,	13893
designated as a paying agent or place of payment of debt charges	13894
on the particular securities.	13895

(CC) "Permanent improvement" or "improvement" means any	13896
property, asset, or improvement certified by the fiscal officer,	13897
which certification is conclusive, as having an estimated life or	13898
period of usefulness of five years or more, and includes, but is	13899
not limited to, real estate, buildings, and personal property and	13900
interests in real estate, buildings, and personal property,	13901
equipment, furnishings, and site improvements, and reconstruction,	13902
rehabilitation, renovation, installation, improvement,	13903
enlargement, and extension of property, assets, or improvements so	13904
certified as having an estimated life or period of usefulness of	13905
five years or more. The acquisition of all the stock ownership of	13906
a corporation is the acquisition of a permanent improvement to the	13907
extent that the value of that stock is represented by permanent	13908
improvements. A permanent improvement for parking, highway, road,	13909
and street purposes includes resurfacing, but does not include	13910
ordinary repair.	13911

(DD) "Person" has the same meaning as in section 1.59 of the	13912
Revised Code and also includes any federal, state, interstate,	13913
regional, or local governmental agency, any subdivision, and any	13914
combination of those persons.	13915

(EE) "Proceedings" means the legislation, certifications,	13916
notices, orders, sale proceedings, trust agreement or indenture,	13917
mortgage, lease, lease-purchase agreement, assignment, credit	13918
enhancement facility agreements, and other agreements,	13919
instruments, and documents, as amended and supplemented, and any	13920
election proceedings, authorizing, or providing for the terms and	13921
conditions applicable to, or providing for the security or sale or	13922
award of, public obligations, and includes the provisions set	13923
forth or incorporated in those public obligations and proceedings.	13924

(FF) "Public issuer" means any of the following that is	13925
authorized by law to issue securities or enter into public	13926
obligations:	13927

(1) The state, including an agency, commission, officer,	13928
institution, board, authority, or other instrumentality of the	13929
state;	13930

(2) A taxing authority, subdivision, district, or other local	13931
public or governmental entity, and any combination or consortium,	13932
or public division, district, commission, authority, department,	13933
board, officer, or institution, thereof;	13934

(3) Any other body corporate and politic, or other public	13935
entity.	13936

(GG) "Public obligations" means both of the following:

13937

(1) Securities;

13938

(2) Obligations of a public issuer to make payments under	13939
installment sale, lease, lease purchase, or similar agreements,	13940
which obligations may bear interest or interest equivalent.	13941

(HH) "Refund" means to fund and retire outstanding	13942
securities, including advance refunding with or without payment or	13943
redemption prior to maturity.	13944

(II) "Register" means the books kept and maintained by the	13945
registrar for registration, exchange, and transfer of registered	13946
securities.	13947

(JJ) "Registrar" means the person responsible for keeping the	13948
register for the particular registered securities, designated by	13949
or pursuant to the proceedings.	13950

(KK) "Securities" means bonds, notes, certificates of	13951
indebtedness, commercial paper, and other instruments in writing,	13952
including, unless the context does not admit, anticipatory	13953
securities, issued by an issuer to evidence its obligation to	13954
repay money borrowed, or to pay interest, by, or to pay at any	13955
future time other money obligations of, the issuer of the	13956
securities, but not including public obligations described in	13957
division (GG)(2) of this section.	13958

(LL) "Self-supporting securities" means securities or	13959
portions of securities issued for the purpose of paying costs of	13960
permanent improvements to the extent that receipts of the	13961
subdivision, other than the proceeds of taxes levied by that	13962
subdivision, derived from or with respect to the improvements or	13963
the operation of the improvements being financed, or the	13964
enterprise, system, project, or category of improvements of which	13965
the improvements being financed are part, are estimated by the	13966
fiscal officer to be sufficient to pay the current expenses of	13967
that operation or of those improvements or enterprise, system,	13968
project, or categories of improvements and the debt charges	13969
payable from those receipts on securities issued for the purpose.	13970
Until such time as the improvements or increases in rates and	13971
charges have been in operation or effect for a period of at least	13972
six months, the receipts therefrom, for purposes of this	13973
definition, shall be those estimated by the fiscal officer, except	13974
that those receipts may include, without limitation, payments made	13975
and to be made to the subdivision under leases or agreements in	13976
effect at the time the estimate is made. In the case of an	13977
operation, improvements, or enterprise, system, project, or	13978
category of improvements without at least a six-month history of	13979
receipts, the estimate of receipts by the fiscal officer, other	13980
than those to be derived under leases and agreements then in	13981
effect, shall be confirmed by the taxing authority.	13982

(MM) "Subdivision" means any of the following:

13983

(1) A county, including a county that has adopted a charter	13984
under Article X, Ohio Constitution;	13985

(2) A municipal corporation, including a municipal	13986
corporation that has adopted a charter under Article XVIII, Ohio	13987
Constitution;	13988

(3) A school district;

13989

(4) A regional water and sewer district organized under	13990
Chapter 6119. of the Revised Code;	13991

(5) A joint township hospital district organized under	13992
section 513.07 of the Revised Code;	13993

(6) A joint ambulance district organized under section 505.71	13994
of the Revised Code;	13995

(7) A joint recreation district organized under division (C)	13996
of section 755.14 of the Revised Code;	13997

(8) A detention facility district organized under section	13998
2152.41, a district organized under section 2151.65, or a combined	13999
district organized under sections 2152.41 and 2151.65 of the	14000
Revised Code;	14001

(9) A township police district organized under section 505.48	14002
of the Revised Code;	14003

(10) A township;

14004

(11) A joint fire district organized under section 505.371 of	14005
the Revised Code;	14006

(12) A county library district created under section 3375.19	14007
or a regional library district created under section 3375.28 of	14008
the Revised Code;	14009

(13) A joint solid waste management district organized under	14010
section 343.01 or 343.012 of the Revised Code;	14011

(14) A joint emergency medical services district organized	14012
under section 307.052 of the Revised Code;	14013

(15) A fire and ambulance district organized under section	14014
505.375 of the Revised Code;	14015

(16) A fire district organized under division (C) of section	14016
505.37 of the Revised Code;	14017

(17) A joint police district organized under section 505.482	14018
of the Revised Code;	14019

(18) A lake facilities authority created under Chapter 353.	14020
of the Revised Code;	14021

(19) Any other political subdivision or taxing district or	14022
other local public body or agency authorized by this chapter or	14023
other laws to issue Chapter 133. securities.	14024

(NN) "Taxing authority" means in the case of the following	14025
subdivisions:	14026

(1) A county, a county library district, or a regional	14027
library district, the board or boards of county commissioners, or	14028
other legislative authority of a county that has adopted a charter	14029
under Article X, Ohio Constitution, but with respect to such a	14030
library district acting solely as agent for the board of trustees	14031
of that district;	14032

(2) A municipal corporation, the legislative authority;

14033

(3) A school district, the board of education;

14034

(4) A regional water and sewer district, a joint ambulance	14035
district, a joint recreation district, a fire and ambulance	14036
district, or a joint fire district, the board of trustees of the	14037
district;	14038

(5) A joint township hospital district, the joint township	14039
hospital board;	14040

(6) A detention facility district or a district organized	14041
under section 2151.65 of the Revised Code, a combined district	14042
organized under sections 2152.41 and 2151.65 of the Revised Code,	14043
or a joint emergency medical services district, the joint board of	14044
county commissioners;	14045

(7) A township, a fire district organized under division (C)	14046
of section 505.37 of the Revised Code, or a township police	14047
district, the board of township trustees;	14048

(8) A joint solid waste management district organized under	14049
section 343.01 or 343.012 of the Revised Code, the board of	14050
directors of the district;	14051

(9) A subdivision described in division (MM)~~(18)~~(19) of this	14052
section, the legislative or governing body or official;	14053

(10) A joint police district, the joint police district	14054
board;	14055

(11) A lake facilities authority, the board of directors.

14056

(OO) "Tax limitation" means the "ten-mill limitation" as	14057
defined in section 5705.02 of the Revised Code without diminution	14058
by reason of section 5705.313 of the Revised Code or otherwise,	14059
or, in the case of a municipal corporation or county with a	14060
different charter limitation on property taxes levied to pay debt	14061
charges on unvoted securities, that charter limitation. Those	14062
limitations shall be respectively referred to as the "ten-mill	14063
limitation" and the "charter tax limitation."	14064

(PP) "Tax valuation" means the aggregate of the valuations of	14065
property subject to ad valorem property taxation by the	14066
subdivision on the real property, personal property, and public	14067
utility property tax lists and duplicates most recently certified	14068
for collection, and shall be calculated without deductions of the	14069
valuations of otherwise taxable property exempt in whole or in	14070
part from taxation by reason of exemptions of certain amounts of	14071
taxable value under division (C) of section 5709.01, tax	14072
reductions under section 323.152 of the Revised Code, or similar	14073
laws now or in the future in effect.	14074

For purposes of section 133.06 of the Revised Code, "tax	14075
valuation" shall not include the valuation of tangible personal	14076
property used in business, telephone or telegraph property,	14077
interexchange telecommunications company property, or personal	14078
property owned or leased by a railroad company and used in	14079
railroad operations listed under or described in section 5711.22,	14080
division (B) or (F) of section 5727.111, or section 5727.12 of the	14081
Revised Code.	14082

(QQ) "Year" means the calendar year.

14083

(RR) "Administrative agent," "agent," "commercial paper,"	14084
"floating rate interest structure," "indexing agent," "interest	14085
rate hedge," "interest rate period," "put arrangement," and	14086
"remarketing agent" have the same meanings as in section 9.98 of	14087
the Revised Code.	14088

(SS) "Sales tax supported" means obligations to the payment	14089
of debt charges on which an additional sales tax or additional	14090
sales taxes have been pledged by the taxing authority of a county	14091
pursuant to section 133.081 of the Revised Code.	14092

Sec. 133.06. (A) A school district shall not incur, without	14093
a vote of the electors, net indebtedness that exceeds an amount	14094
equal to one-tenth of one per cent of its tax valuation, except as	14095
provided in divisions (G) and (H) of this section and in division	14096
(C) of section 3313.372 of the Revised Code, or as prescribed in	14097
section 3318.052 or 3318.44 of the Revised Code, or as provided in	14098
division (J) of this section.	14099

(B) Except as provided in divisions (E), (F), and (I) of this	14100
section, a school district shall not incur net indebtedness that	14101
exceeds an amount equal to nine per cent of its tax valuation.	14102

(C) A school district shall not submit to a vote of the	14103
electors the question of the issuance of securities in an amount	14104
that will make the district's net indebtedness after the issuance	14105
of the securities exceed an amount equal to four per cent of its	14106
tax valuation, unless the superintendent of public instruction,	14107
acting under policies adopted by the state board of education, and	14108
the tax commissioner, acting under written policies of the	14109
commissioner, consent to the submission. A request for the	14110
consents shall be made at least one hundred twenty days prior to	14111
the election at which the question is to be submitted.	14112

The superintendent of public instruction shall certify to the	14113
district the superintendent's and the tax commissioner's decisions	14114
within thirty days after receipt of the request for consents.	14115

If the electors do not approve the issuance of securities at	14116
the election for which the superintendent of public instruction	14117
and tax commissioner consented to the submission of the question,	14118
the school district may submit the same question to the electors	14119
on the date that the next special election may be held under	14120
section 3501.01 of the Revised Code without submitting a new	14121
request for consent. If the school district seeks to submit the	14122
same question at any other subsequent election, the district shall	14123
first submit a new request for consent in accordance with this	14124
division.	14125

(D) In calculating the net indebtedness of a school district,	14126
none of the following shall be considered:	14127

(1) Securities issued to acquire school buses and other	14128
equipment used in transporting pupils or issued pursuant to	14129
division (D) of section 133.10 of the Revised Code;	14130

(2) Securities issued under division (F) of this section,	14131
under section 133.301 of the Revised Code, and, to the extent in	14132
excess of the limitation stated in division (B) of this section,	14133
under division (E) of this section;	14134

(3) Indebtedness resulting from the dissolution of a joint	14135
vocational school district under section 3311.217 of the Revised	14136
Code, evidenced by outstanding securities of that joint vocational	14137
school district;	14138

(4) Loans, evidenced by any securities, received under	14139
sections 3313.483, 3317.0210, and 3317.0211~~, and 3317.64~~ of the	14140
Revised Code;	14141

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

14142

(6) Debt incurred pursuant to division (B)(5) of section	14143
3313.37 of the Revised Code to acquire computers and related	14144
hardware;	14145

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

14146

(E) A school district may become a special needs district as	14147
to certain securities as provided in division (E) of this section.	14148

(1) A board of education, by resolution, may declare its	14149
school district to be a special needs district by determining both	14150
of the following:	14151

(a) The student population is not being adequately serviced	14152
by the existing permanent improvements of the district.	14153

(b) The district cannot obtain sufficient funds by the	14154
issuance of securities within the limitation of division (B) of	14155
this section to provide additional or improved needed permanent	14156
improvements in time to meet the needs.	14157

(2) The board of education shall certify a copy of that	14158
resolution to the superintendent of public instruction with a	14159
statistical report showing all of the following:	14160

(a) The history of and a projection of the growth of the tax	14161
valuation;	14162

(b) The projected needs;

14163

(c) The estimated cost of permanent improvements proposed to	14164
meet such projected needs.	14165

(3) The superintendent of public instruction shall certify	14166
the district as an approved special needs district if the	14167
superintendent finds both of the following:	14168

(a) The district does not have available sufficient	14169
additional funds from state or federal sources to meet the	14170
projected needs.	14171

(b) The projection of the potential average growth of tax	14172
valuation during the next five years, according to the information	14173
certified to the superintendent and any other information the	14174
superintendent obtains, indicates a likelihood of potential	14175
average growth of tax valuation of the district during the next	14176
five years of an average of not less than one and one-half per	14177
cent per year. The findings and certification of the	14178
superintendent shall be conclusive.	14179

(4) An approved special needs district may incur net	14180
indebtedness by the issuance of securities in accordance with the	14181
provisions of this chapter in an amount that does not exceed an	14182
amount equal to the greater of the following:	14183

(a) Twelve per cent of the sum of its tax valuation plus an	14184
amount that is the product of multiplying that tax valuation by	14185
the percentage by which the tax valuation has increased over the	14186
tax valuation on the first day of the sixtieth month preceding the	14187
month in which its board determines to submit to the electors the	14188
question of issuing the proposed securities;	14189

(b) Twelve per cent of the sum of its tax valuation plus an	14190
amount that is the product of multiplying that tax valuation by	14191
the percentage, determined by the superintendent of public	14192
instruction, by which that tax valuation is projected to increase	14193
during the next ten years.	14194

(F) A school district may issue securities for emergency	14195
purposes, in a principal amount that does not exceed an amount	14196
equal to three per cent of its tax valuation, as provided in this	14197
division.	14198

(1) A board of education, by resolution, may declare an	14199
emergency if it determines both of the following:	14200

(a) School buildings or other necessary school facilities in	14201
the district have been wholly or partially destroyed, or condemned	14202
by a constituted public authority, or that such buildings or	14203
facilities are partially constructed, or so constructed or planned	14204
as to require additions and improvements to them before the	14205
buildings or facilities are usable for their intended purpose, or	14206
that corrections to permanent improvements are necessary to remove	14207
or prevent health or safety hazards.	14208

(b) Existing fiscal and net indebtedness limitations make	14209
adequate replacement, additions, or improvements impossible.	14210

(2) Upon the declaration of an emergency, the board of	14211
education may, by resolution, submit to the electors of the	14212
district pursuant to section 133.18 of the Revised Code the	14213
question of issuing securities for the purpose of paying the cost,	14214
in excess of any insurance or condemnation proceeds received by	14215
the district, of permanent improvements to respond to the	14216
emergency need.	14217

(3) The procedures for the election shall be as provided in	14218
section 133.18 of the Revised Code, except that:	14219

(a) The form of the ballot shall describe the emergency	14220
existing, refer to this division as the authority under which the	14221
emergency is declared, and state that the amount of the proposed	14222
securities exceeds the limitations prescribed by division (B) of	14223
this section;	14224

(b) The resolution required by division (B) of section 133.18	14225
of the Revised Code shall be certified to the county auditor and	14226
the board of elections at least one hundred days prior to the	14227
election;	14228

(c) The county auditor shall advise and, not later than	14229
ninety-five days before the election, confirm that advice by	14230
certification to, the board of education of the information	14231
required by division (C) of section 133.18 of the Revised Code;	14232

(d) The board of education shall then certify its resolution	14233
and the information required by division (D) of section 133.18 of	14234
the Revised Code to the board of elections not less than ninety	14235
days prior to the election.	14236

(4) Notwithstanding division (B) of section 133.21 of the	14237
Revised Code, the first principal payment of securities issued	14238
under this division may be set at any date not later than sixty	14239
months after the earliest possible principal payment otherwise	14240
provided for in that division.	14241

(G)(1) The board of education may contract with an architect,	14242
professional engineer, or other person experienced in the design	14243
and implementation of energy conservation measures for an analysis	14244
and recommendations pertaining to installations, modifications of	14245
installations, or remodeling that would significantly reduce	14246
energy consumption in buildings owned by the district. The report	14247
shall include estimates of all costs of such installations,	14248
modifications, or remodeling, including costs of design,	14249
engineering, installation, maintenance, repairs, and debt service,	14250
forgone residual value of materials or equipment replaced by the	14251
energy conservation measure, as defined by the Ohio school	14252
facilities commission, a baseline analysis of actual energy	14253
consumption data for the preceding three years with the utility	14254
baseline based on only the actual energy consumption data for the	14255
preceding twelve months, and estimates of the amounts by which	14256
energy consumption and resultant operational and maintenance	14257
costs, as defined by the commission, would be reduced.	14258

If the board finds after receiving the report that the amount	14259
of money the district would spend on such installations,	14260
modifications, or remodeling is not likely to exceed the amount of	14261
money it would save in energy and resultant operational and	14262
maintenance costs over the ensuing fifteen years, the board may	14263
submit to the commission a copy of its findings and a request for	14264
approval to incur indebtedness to finance the making or	14265
modification of installations or the remodeling of buildings for	14266
the purpose of significantly reducing energy consumption.	14267

~~If the commission determines that the board's findings are~~	14268
~~reasonable, it~~The school facilities commission, in consultation	14269
with the auditor of state, may deny a request under this division	14270
by the board of education any school district is in a state of	14271
fiscal watch pursuant to division (A) of section 3316.03 of the	14272
Revised Code, if it determines that the expenditure of funds is	14273
not in the best interest of the school district.	14274

No district board of education of a school district that is	14275
in a state of fiscal emergency pursuant to division (B) of section	14276
3316.03 of the Revised Code shall submit a request without	14277
submitting evidence that the installations, modifications, or	14278
remodeling have been approved by the district's financial planning	14279
and supervision commission established under section 3316.05 of	14280
the Revised Code.	14281

No board of education of a school district that, for three or	14282
more consecutive years, has been declared to be in a state of	14283
academic emergency under section 3302.03 of the Revised Code, as	14284
that section existed prior to March 22, 2013, and has failed to	14285
meet adequate yearly progress, or has met any condition set forth	14286
in division (A)(2), (3), or (4) of section 3302.10 of the Revised	14287
Code shall submit a request without first receiving approval to	14288
incur indebtedness from the district's academic distress	14289
commission established under that section, for so long as such	14290
commission continues to be required for the district.	14291

(2) The school facilities commission shall approve the	14292
board's request~~. Upon~~provided that the following conditions are	14293
satisfied:	14294

(a) The commission determines that the board's findings are	14295
reasonable.	14296

(b) The request for approval is complete.

14297

(c) The installations, modifications, or remodeling are	14298
consistent with any project to construct or acquire classroom	14299
facilities, or to reconstruct or make additions to existing	14300
classroom facilities under sections 3318.01 to 3318.20 or sections	14301
3318.40 to 3318.45 of the Revised Code.	14302

Upon receipt of the commission's approval, the district may	14303
issue securities without a vote of the electors in a principal	14304
amount not to exceed nine-tenths of one per cent of its tax	14305
valuation for the purpose of making such installations,	14306
modifications, or remodeling, but the total net indebtedness of	14307
the district without a vote of the electors incurred under this	14308
and all other sections of the Revised Code, except section	14309
3318.052 of the Revised Code, shall not exceed one per cent of the	14310
district's tax valuation.	14311

(3) So long as any securities issued under ~~division (G) of~~	14312
this ~~section~~division remain outstanding, the board of education	14313
shall monitor the energy consumption and resultant operational and	14314
maintenance costs of buildings in which installations or	14315
modifications have been made or remodeling has been done pursuant	14316
to ~~division (G) of~~ this ~~section~~division and shall maintain and	14317
annually update a report documenting the reductions in energy	14318
consumption and resultant operational and maintenance cost savings	14319
attributable to such installations, modifications, or remodeling.	14320
The report shall be certified by an architect or engineer	14321
independent of any person that provided goods or services to the	14322
board in connection with the energy conservation measures that are	14323
the subject of the report. The resultant operational and	14324
maintenance cost savings shall be certified by the school district	14325
treasurer. The report shall be submitted annually to the	14326
commission.	14327

(H) With the consent of the superintendent of public	14328
instruction, a school district may incur without a vote of the	14329
electors net indebtedness that exceeds the amounts stated in	14330
divisions (A) and (G) of this section for the purpose of paying	14331
costs of permanent improvements, if and to the extent that both of	14332
the following conditions are satisfied:	14333

(1) The fiscal officer of the school district estimates that	14334
receipts of the school district from payments made under or	14335
pursuant to agreements entered into pursuant to section 725.02,	14336
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	14337
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	14338
Code, or distributions under division (C) of section 5709.43 of	14339
the Revised Code, or any combination thereof, are, after	14340
accounting for any appropriate coverage requirements, sufficient	14341
in time and amount, and are committed by the proceedings, to pay	14342
the debt charges on the securities issued to evidence that	14343
indebtedness and payable from those receipts, and the taxing	14344
authority of the district confirms the fiscal officer's estimate,	14345
which confirmation is approved by the superintendent of public	14346
instruction;	14347

(2) The fiscal officer of the school district certifies, and	14348
the taxing authority of the district confirms, that the district,	14349
at the time of the certification and confirmation, reasonably	14350
expects to have sufficient revenue available for the purpose of	14351
operating such permanent improvements for their intended purpose	14352
upon acquisition or completion thereof, and the superintendent of	14353
public instruction approves the taxing authority's confirmation.	14354

The maximum maturity of securities issued under division (H)	14355
of this section shall be the lesser of twenty years or the maximum	14356
maturity calculated under section 133.20 of the Revised Code.	14357

(I) A school district may incur net indebtedness by the	14358
issuance of securities in accordance with the provisions of this	14359
chapter in excess of the limit specified in division (B) or (C) of	14360
this section when necessary to raise the school district portion	14361
of the basic project cost and any additional funds necessary to	14362
participate in a project under Chapter 3318. of the Revised Code,	14363
including the cost of items designated by the Ohio school	14364
facilities commission as required locally funded initiatives, the	14365
cost of other locally funded initiatives in an amount that does	14366
not exceed fifty per cent of the district's portion of the basic	14367
project cost, and the cost for site acquisition. The school	14368
facilities commission shall notify the superintendent of public	14369
instruction whenever a school district will exceed either limit	14370
pursuant to this division.	14371

(J) A school district whose portion of the basic project cost	14372
of its classroom facilities project under sections 3318.01 to	14373
3318.20 of the Revised Code is greater than or equal to one	14374
hundred million dollars may incur without a vote of the electors	14375
net indebtedness in an amount up to two per cent of its tax	14376
valuation through the issuance of general obligation securities in	14377
order to generate all or part of the amount of its portion of the	14378
basic project cost if the controlling board has approved the	14379
school facilities commission's conditional approval of the project	14380
under section 3318.04 of the Revised Code. The school district	14381
board and the Ohio school facilities commission shall include the	14382
dedication of the proceeds of such securities in the agreement	14383
entered into under section 3318.08 of the Revised Code. No state	14384
moneys shall be released for a project to which this section	14385
applies until the proceeds of any bonds issued under this section	14386
that are dedicated for the payment of the school district portion	14387
of the project are first deposited into the school district's	14388
project construction fund.	14389

Sec. 135.22. (A) For purposes of this section:

14390

(1) "Treasurer" has the same meaning as in section 135.01 of	14391
the Revised Code, but does not include a county treasurer or the	14392
treasurer of state. "Treasurer" includes any person whose duties	14393
include making investment decisions with respect to the investment	14394
or deposit of interim moneys.	14395

(2) "Subdivision" has the same meaning as in section 135.01	14396
of the Revised Code.	14397

(B) To enhance the background and working knowledge of	14398
treasurers in investments, cash management, ~~and~~the collection of	14399
taxes, ethics, and in any other subject area that the treasurer of	14400
state determines is reasonably related to the duties of a	14401
treasurer, the treasurer of state shall provide annual continuing	14402
education programs for treasurers. A treasurer annually shall	14403
complete the continuing education programs described in this	14404
section, unless the treasurer annually provides a notice of	14405
exemption described in division (E) of this section.	14406

(C) The treasurer of state shall determine the manner,	14407
content, and length of the continuing education programs after	14408
consultation with appropriate statewide organizations of local	14409
government officials.	14410

(D) Upon successful completion of a continuing education	14411
program required by this section, the treasurer of state shall	14412
issue a certificate indicating that the treasurer has successfully	14413
completed the continuing education program prescribed by the	14414
treasurer of state. The treasurer of state shall forward to the	14415
auditor of state any certificates issued pursuant to this division	14416
by the treasurer of state. The auditor of state shall maintain in	14417
the auditor's records any certificates forwarded by the treasurer	14418
of state pursuant to this division. As part of the auditor of	14419
state's audit of the subdivision conducted in accordance with	14420
section 117.11 of the Revised Code, the auditor of state shall	14421
report whether the treasurer is in compliance with this section of	14422
the Revised Code.	14423

(E) Division (B) of this section does not apply to any	14424
treasurer who annually provides a notice of exemption to the	14425
auditor of state. The notice shall be certified by the treasurer	14426
of state and shall provide that the treasurer is not subject to	14427
the continuing education requirements set forth in division (B) of	14428
this section, because the treasurer invests or deposits public	14429
moneys in the following investments only:	14430

(1) Interim deposits pursuant to division (B)(3) of section	14431
135.14 or section 135.145 of the Revised Code;	14432

(2) No-load money market mutual funds pursuant to division	14433
(B)(5) of section 135.14 of the Revised Code;	14434

(3) The Ohio subdivision's fund pursuant to division (B)(6)	14435
of section 135.14 of the Revised Code.	14436

(F) In carrying out the duties required by this section, the	14437
treasurer of state may charge the subdivision served by the	14438
treasurer a registration fee that will meet actual and necessary	14439
expenses in connection with the training of the treasurer,	14440
including instruction fees, site acquisition costs, and the cost	14441
of course materials. Any necessary personal expenses of a	14442
treasurer incurred as a result of attending the continuing	14443
education courses shall be borne by the subdivision represented by	14444
the treasurer.	14445

(G) The treasurer of state may allow any other interested	14446
person to attend any of the continuing education programs that are	14447
held pursuant to this section, provided that before attending any	14448
such continuing education program, the interested person has paid	14449
to the treasurer of state the full registration fee set for the	14450
continuing education program.	14451

(H) All funds collected pursuant to this section shall be	14452
paid into the county treasurer education fund created pursuant to	14453
section 321.46 of the Revised Code, and the actual and necessary	14454
expenses of the treasurer of state in conducting the continuing	14455
education programs required by this section shall be paid from	14456
this fund.	14457

(I) The treasurer of state may adopt reasonable rules not	14458
inconsistent with this section for the implementation of this	14459
section.	14460

Sec. 135.61. As used in sections 135.61 to 135.67 of the	14461
Revised Code:	14462

(A) "Eligible small business" means any person, including,	14463
but not limited to a person engaged in agriculture, that has all	14464
of the following characteristics:	14465

(1) Is headquartered in this state;

14466

(2) Maintains offices and operating facilities exclusively in	14467
this state and transacts business in this state;	14468

(3) Employs fewer than one hundred fifty employees, the	14469
majority of whom are residents of this state;	14470

(4) Is organized for profit.

14471

(B) "Eligible lending institution" means a financial	14472
institution that is eligible to make commercial loans, is a public	14473
depository of state funds under section 135.03 of the Revised	14474
Code, and agrees to participate in the linked deposit program.	14475

(C) "Linked deposit" means a certificate of deposit or other	14476
financial institution instrument placed by the treasurer of state	14477
with an eligible lending institution at a rate below current	14478
market rates, as determined and calculated by the treasurer of	14479
state, provided the institution agrees to lend the value of such	14480
deposit, according to the deposit agreement provided in division	14481
(C) of section 135.65 of the Revised Code, to eligible small	14482
businesses at a rate that reflects an equal percentage rate	14483
reduction below the present borrowing rate applicable to each	14484
specific business at the time of the deposit of state funds in the	14485
institution.	14486

(D) "Other financial institution instrument" has the same	14487
meaning as in section 135.81 of the Revised Code.	14488

(E) "Loan" means a contractual agreement under which an	14489
eligible lending institution agrees to lend money in the form of	14490
an upfront lump sum, a line of credit, or any other reasonable	14491
arrangement approved by the treasurer of state.	14492

Sec. 135.71. As used in sections 135.71 to 135.76 of the	14493
Revised Code:	14494

(A) "Eligible agricultural business" means any person engaged	14495
in agriculture that has all of the following characteristics:	14496

(1) Is headquartered and domiciled in this state;

14497

(2) Maintains land or facilities for agricultural purposes in	14498
this state provided that the land or facilities within this state	14499
comprise not less than fifty-one per cent of the total of all	14500
lands or facilities maintained by the person;	14501

(3) Is organized for profit.

14502

(B) "Eligible lending institution" means a financial	14503
institution that is eligible to make commercial loans, agrees to	14504
participate in the agricultural linked deposit program, and:	14505

(1) Is a public depository of state funds under section	14506
135.03 of the Revised Code; or	14507

(2) Notwithstanding sections 135.01 to 135.21 of the Revised	14508
Code, is an institution of the farm credit system organized under	14509
the federal "Farm Credit Act of 1971," 85 Stat. 583, 12 U.S.C.A.	14510
2001, as amended.	14511

(C) "Agricultural linked deposit" means a certificate of	14512
deposit placed by the treasurer of state with an eligible lending	14513
institution under section 135.74 of the Revised Code or an	14514
investment in bonds, notes, debentures, or other obligations or	14515
securities issued by the federal farm credit bank with regard to	14516
an eligible lending institution.	14517

(D) "Loan" means a contractual agreement under which an	14518
eligible lending institution agrees to lend money in the form of	14519
an upfront lump sum, a line of credit, or any other reasonable	14520
arrangement approved by the treasurer of state.	14521

Sec. 135.80. (A) The legislative authority of a municipal	14522
corporation, by ordinance; the board of directors of a port	14523
authority or a lake facilities authority, by resolution; or the	14524
board of county commissioners, by resolution, may establish a	14525
linked deposit program authorizing the treasurer or governing	14526
board of the municipal corporation, the board of directors of the	14527
port authority or lake facilities authority, or the investing	14528
authority of the county, as created or designated by the ordinance	14529
or resolution, to place certificates of deposit at up to three per	14530
cent below market rates with an eligible lending institution	14531
applying for interim moneys as provided in section 135.08 of the	14532
Revised Code, selected to invest port authority or lake facilities	14533
authority moneys in linked deposit programs pursuant to section	14534
4582.54 or 353.15 of the Revised Code, or applying for inactive	14535
moneys as provided in section 135.32 of the Revised Code, provided	14536
the institution agrees to lend the value of such deposit to	14537
eligible borrowers at up to three per cent below the present	14538
borrowing rate applicable to each borrower. The ordinance or	14539
resolution shall include requirements and provisions that are	14540
necessary to establish the program, including, but not limited to:	14541

(1) Eligibility requirements for borrowers who may receive	14542
reduced rate loans under the program;	14543

(2) Application procedures for borrowers and institutions	14544
wishing to participate in the program;	14545

(3) Review procedures for applications and criteria for	14546
acceptance or rejection of applications for reduced rate loans;	14547

(4) Necessary agreements between the eligible lending	14548
institution and the treasurer or governing board of the municipal	14549
corporation, the board of directors of the port authority or lake	14550
facilities authority, or the investing authority of the county to	14551
carry out the purposes of the linked deposit program;	14552

(5) Annual reports regarding the operation of the program to	14553
be made by the treasurer or governing board to the legislative	14554
authority, the eligible lending institution to the board of	14555
directors of the port authority or lake facilities authority, or	14556
the investing authority to the board of county commissioners.	14557

(B) The municipal corporation and the treasurer or governing	14558
board, the port authority or lake facilities authority and the	14559
board of directors, and the county and the investing authority or	14560
the board of county commissioners, are not liable to any eligible	14561
lending institution in any manner for the payment of the principal	14562
or interest on any reduced rate loan made under the program, and	14563
any delay in payment or default on the part of any borrower does	14564
not in any manner affect the deposit agreement between the	14565
eligible lending institution and the treasurer or governing board,	14566
the board of directors, or the investing authority or board of	14567
county commissioners.	14568

(C) For purposes of this section~~, both of the following~~	14569
~~apply~~:	14570

(1) "Investing authority" has the same meaning as in section	14571
135.31 of the Revised Code.	14572

(2) "Port authority" means a port authority created in	14573
accordance with section 4582.22 of the Revised Code.	14574

(3) "Lake facilities authority" means a lake facilities	14575
authority created in accordance with section 353.02 of the Revised	14576
Code.	14577

Sec. 135.81. As used in sections 135.81 to 135.87 of the	14578
Revised Code:	14579

(A) "Eligible governmental subdivision" means a municipal	14580
corporation, port authority created in accordance with section	14581
4582.22 of the Revised Code, or county in this state.	14582

(B) "Eligible governmental subdivision housing linked deposit	14583
program" means any program established pursuant to section 135.80	14584
of the Revised Code by the legislative authority of a municipal	14585
corporation, the board of directors of a port authority created in	14586
accordance with section 4582.22 of the Revised Code, or the board	14587
of county commissioners of a county, in which the program goals	14588
address specific housing issues relative to the geographic	14589
boundaries of that municipal corporation, port authority, or	14590
county. These program goals include, but are not limited to, home	14591
improvement, home restoration, energy efficiency, retention of	14592
historic significance, controlling urban sprawl, neighborhood	14593
revitalization, affordable housing, home ownership for persons	14594
unable to secure conventional financing, urban development, or	14595
economic revitalization of a residential area as a result of a	14596
natural disaster or other catastrophic occurrence.	14597

(C) "Eligible housing linked deposit participant" means any	14598
person or small business that meets the requirements set forth in	14599
an eligible governmental subdivision housing linked deposit	14600
program or set forth by the treasurer of state pursuant to	14601
division (B)(2) of section 135.82 of the Revised Code and that is	14602
a resident of this state.	14603

(D) "Eligible lending institution" means a financial	14604
institution meeting all of the following:	14605

(1) It is eligible to make commercial loans or residential	14606
loans.	14607

(2) It is a public depository of state funds under section	14608
135.03 of the Revised Code.	14609

(3) It agrees to participate in a program to provide housing	14610
linked deposits.	14611

(E) "Housing linked deposit" means a certificate of deposit	14612
or other financial institution instrument, described in section	14613
135.85 of the Revised Code, placed by the treasurer of state with	14614
an eligible lending institution, in accordance with division (B)	14615
of section 135.84 of the Revised Code, provided that the	14616
institution agrees, at the time of the deposit of state funds and	14617
for the period of the deposit, to lend the value of the deposit	14618
according to the deposit agreement described in section 135.85 of	14619
the Revised Code to eligible housing linked deposit participants	14620
at a fixed interest rate of up to three hundred basis points below	14621
the present borrowing rate applicable to each participant in the	14622
absence of approval to participate in the programs described in	14623
division (B) of section 135.82 of the Revised Code.	14624

(F) "Other financial institution instrument" means a fully	14625
collateralized product that otherwise would pay market rates of	14626
interest approved by the treasurer of state, for the purpose of	14627
providing eligible housing linked deposit participants with the	14628
benefits of a housing linked deposit.	14629

(G) "Loan" means a contractual agreement under which an	14630
eligible lending institution agrees to lend money in the form of	14631
an upfront lump sum, a line of credit, or any other reasonable	14632
arrangement approved by the treasurer of state.	14633

Sec. 135.85. (A) Upon placement of a housing linked deposit	14634
with an eligible lending institution pursuant to division (B) of	14635
section 135.84 of the Revised Code, the eligible lending	14636
institution shall do both of the following:	14637

(1) Enter into a deposit agreement with the treasurer of	14638
state that includes all of the following:	14639

(a) Any requirements necessary to carry out the purposes of	14640
sections 135.81 to 135.87 of the Revised Code;	14641

(b) Provisions for any certificate of deposit or other	14642
financial institution instrument meeting the requirements	14643
described in division (B) of this section and placed for any	14644
maturity considered appropriate by the treasurer of state but not	14645
exceeding five years;	14646

(c) A specification of the period of time in which the	14647
eligible lending institution is to provide the reduced interest	14648
rate to an approved applicant.	14649

(2) Lend funds as provided in division (C) of this section	14650
and in accordance with the deposit agreement described in this	14651
section to each eligible housing linked deposit participant	14652
approved by the treasurer of state pursuant to division (A) of	14653
section 135.84 of the Revised Code.	14654

(B) Both of the following apply to any certificate of deposit	14655
or other financial institution instrument described in division	14656
(A)(1)(b) of this section:	14657

(1) The certificate of deposit or other financial institution	14658
instrument shall not be renewed upon final maturity.	14659

(2) Interest shall be paid at the times and in the manner	14660
prescribed by the treasurer of state.	14661

(C) The loan described in division (A)(2) of this section	14662
shall be at a fixed rate of up to three hundred basis points below	14663
the present borrowing rate that would apply to the eligible	14664
housing linked deposit participant in the absence of approval to	14665
participate in the programs described in division (B) of section	14666
135.82 of the Revised Code.	14667

(D) A certificate of compliance with this section in the form	14668
and manner prescribed by the treasurer of state shall be provided	14669
by the eligible lending institution.	14670

(E)(1) Any delay in payments or default on the part of the	14671
eligible housing linked deposit participant does not in any manner	14672
affect the deposit agreement between the eligible lending	14673
institution and the treasurer of state.	14674

(2) If an eligible lending institution changes the terms of a	14675
loan to an eligible housing linked deposit participant because of	14676
a delay in payments or default, the housing linked deposit amount	14677
shall be returned to the treasurer of state by the eligible	14678
lending institution. In which case, the deposit amount plus	14679
interest and without early withdrawal penalties shall be returned	14680
in a timely manner as prescribed by the treasurer of state.	14681

(F) An eligible lending institution shall comply fully with	14682
sections 135.81 to 135.87 of the Revised Code.	14683

Sec. 140.01. As used in this chapter:

14684

(A) "Hospital agency" means any public hospital agency or any	14685
nonprofit hospital agency.	14686

(B) "Public hospital agency" means any county, board of	14687
county hospital trustees established pursuant to section 339.02 of	14688
the Revised Code, county hospital commission established pursuant	14689
to section 339.14 of the Revised Code, municipal corporation, new	14690
community authority organized under Chapter 349. of the Revised	14691
Code, joint township hospital district, state or municipal	14692
university or college operating or authorized to operate a	14693
hospital facility, or the state.	14694

(C) "Nonprofit hospital agency" means a corporation or	14695
association not for profit, no part of the net earnings of which	14696
inures or may lawfully inure to the benefit of any private	14697
shareholder or individual, that has authority to own or operate a	14698
hospital facility or provides or is to provide services to one or	14699
more other hospital agencies.	14700

(D) "Governing body" means, in the case of a county, the	14701
board of county commissioners or other legislative body; in the	14702
case of a board of county hospital trustees, the board; in the	14703
case of a county hospital commission, the commission; in the case	14704
of a municipal corporation, the council or other legislative	14705
authority; in the case of a new community authority, its board of	14706
trustees; in the case of a joint township hospital district, the	14707
joint township district hospital board; in the case of a state or	14708
municipal university or college, its board of trustees or board of	14709
directors; in the case of a nonprofit hospital agency, the board	14710
of trustees or other body having general management of the agency;	14711
and, in the case of the state, the director of development	14712
services or the Ohio higher educational facility commission.	14713

(E) "Hospital facilities" means buildings, structures and	14714
other improvements, additions thereto and extensions thereof,	14715
furnishings, equipment, and real estate and interests in real	14716
estate, used or to be used for or in connection with one or more	14717
hospitals, emergency, intensive, intermediate, extended,	14718
long-term, or self-care facilities, diagnostic and treatment and	14719
out-patient facilities, facilities related to programs for home	14720
health services, clinics, laboratories, public health centers,	14721
research facilities, and rehabilitation facilities, for or	14722
pertaining to diagnosis, treatment, care, or rehabilitation of	14723
sick, ill, injured, infirm, impaired, disabled, or handicapped	14724
persons, or the prevention, detection, and control of disease, and	14725
also includes education, training, and food service facilities for	14726
health professions personnel, housing facilities for such	14727
personnel and their families, and parking and service facilities	14728
in connection with any of the foregoing; and includes any one,	14729
part of, or any combination of the foregoing; and further includes	14730
site improvements, utilities, machinery, facilities, furnishings,	14731
and any separate or connected buildings, structures, improvements,	14732
sites, utilities, facilities, or equipment to be used in, or in	14733
connection with the operation or maintenance of, or supplementing	14734
or otherwise related to the services or facilities to be provided	14735
by, any one or more of such hospital facilities.	14736

(F) "Costs of hospital facilities" means the costs of	14737
acquiring hospital facilities or interests in hospital facilities,	14738
including membership interests in nonprofit hospital agencies,	14739
costs of constructing hospital facilities, costs of improving one	14740
or more hospital facilities, including reconstructing,	14741
rehabilitating, remodeling, renovating, and enlarging, costs of	14742
equipping and furnishing such facilities, and all financing costs	14743
pertaining thereto, including, without limitation thereto, costs	14744
of engineering, architectural, and other professional services,	14745
designs, plans, specifications and surveys, and estimates of cost,	14746
costs of tests and inspections, the costs of any indemnity or	14747
surety bonds and premiums on insurance, all related direct or	14748
allocable administrative expenses pertaining thereto, fees and	14749
expenses of trustees, depositories, and paying agents for the	14750
obligations, cost of issuance of the obligations and financing	14751
charges and fees and expenses of financial advisors, attorneys,	14752
accountants, consultants and rating services in connection	14753
therewith, capitalized interest on the obligations, amounts	14754
necessary to establish reserves as required by the bond	14755
proceedings, the reimbursement of all moneys advanced or applied	14756
by the hospital agency or others or borrowed from others for the	14757
payment of any item or items of costs of such facilities, and all	14758
other expenses necessary or incident to planning or determining	14759
feasibility or practicability with respect to such facilities, and	14760
such other expenses as may be necessary or incident to the	14761
acquisition, construction, reconstruction, rehabilitation,	14762
remodeling, renovation, enlargement, improvement, equipment, and	14763
furnishing of such facilities, the financing thereof, and the	14764
placing of the same in use and operation, including any one, part	14765
of, or combination of such classes of costs and expenses, and	14766
means the costs of refinancing obligations issued by, or	14767
reimbursement of money advanced by, nonprofit hospital agencies or	14768
others the proceeds of which were used for the payment of costs of	14769
hospital facilities, if the governing body of the public hospital	14770
agency determines that the refinancing or reimbursement advances	14771
the purposes of this chapter, whether or not the refinancing or	14772
reimbursement is in conjunction with the acquisition or	14773
construction of additional hospital facilities.	14774

(G) "Hospital receipts" means all moneys received by or on	14775
behalf of a hospital agency from or in connection with the	14776
ownership, operation, acquisition, construction, improvement,	14777
equipping, or financing of any hospital facilities, including,	14778
without limitation thereto, any rentals and other moneys received	14779
from the lease, sale, or other disposition of hospital facilities,	14780
and any gifts, grants, interest subsidies, or other moneys	14781
received under any federal program for assistance in financing the	14782
costs of hospital facilities, and any other gifts, grants, and	14783
donations, and receipts therefrom, available for financing the	14784
costs of hospital facilities.	14785

(H) "Obligations" means bonds, notes, or other evidences of	14786
indebtedness or obligation, including interest coupons pertaining	14787
thereto, issued or issuable by a public hospital agency to pay	14788
costs of hospital facilities.	14789

(I) "Bond service charges" means principal, interest, and	14790
call premium, if any, required to be paid on obligations.	14791

(J) "Bond proceedings" means one or more ordinances,	14792
resolutions, trust agreements, indentures, and other agreements or	14793
documents, and amendments and supplements to the foregoing, or any	14794
combination thereof, authorizing or providing for the terms,	14795
including any variable interest rates, and conditions applicable	14796
to, or providing for the security of, obligations and the	14797
provisions contained in such obligations.	14798

(K) "Nursing home" has the same meaning as in division (A)(1)	14799
of section 5701.13 of the Revised Code.	14800

(L) "Residential care facility" has the same meaning as in	14801
division (A)(2) of section 5701.13 of the Revised Code.	14802

(M) "Independent living facility" means any self-care	14803
facility or other housing facility designed or used as a residence	14804
for elderly persons. An "independent living facility" does not	14805
include a residential facility, or that part of a residential	14806
facility, that is any of the following:	14807

(1) A hospital required to be certified by section 3727.02 of	14808
the Revised Code;	14809

(2) A nursing home or residential care facility;

14810

(3) A facility operated by a hospice care program licensed	14811
under section 3712.04 of the Revised Code and used for the	14812
program's hospice patients;	14813

(4) A residential facility licensed by the department of	14814
~~mental health~~mental health and addiction services under section	14815
~~5119.22~~5119.34 of the Revised Code that provides accommodations,	14816
supervision, and personal care services for three to sixteen	14817
unrelated adults;	14818

(5) A residential facility licensed by the department of	14819
~~mental health~~mental health and addiction services under section	14820
~~5119.22~~5119.34 of the Revised Code that is not a residential	14821
facility described in division (M)(4) of this section;	14822

(6) A facility licensed to provide methadone treatment under	14823
section ~~3793.11~~5119.39 of the Revised Code;	14824

(7) A facility certified as ~~an alcohol and drug~~a community	14825
addiction ~~program~~services provider under section ~~3793.06~~5119.36	14826
of the Revised Code;	14827

(8) A residential facility licensed under section 5123.19 of	14828
the Revised Code or a facility providing services under a contract	14829
with the department of developmental disabilities under section	14830
5123.18 of the Revised Code;	14831

(9) A residential facility used as part of a hospital to	14832
provide housing for staff of the hospital or students pursuing a	14833
course of study at the hospital.	14834

Sec. 140.03. (A) Two or more hospital agencies may enter	14835
into agreements for the acquisition, construction, reconstruction,	14836
rehabilitation, remodeling, renovating, enlarging, equipping, and	14837
furnishing of hospital facilities, or the management, operation,	14838
occupancy, use, maintenance, and repair of hospital facilities, or	14839
for participation in programs, projects, activities, and services	14840
useful to, connected with, supplementing, or otherwise related to	14841
the services provided by, or the operation of, hospital facilities	14842
operated by one or more participating hospital agencies, including	14843
any combination of such purposes, all in such manner as to promote	14844
the public purpose stated in section 140.02 of the Revised Code. A	14845
city health district; general health district; board of alcohol,	14846
drug addiction, and mental health services; county board of	14847
developmental disabilities; the department of ~~mental health~~mental	14848
health and addiction services; the department of developmental	14849
disabilities; or any public body engaged in the education or	14850
training of health professions personnel may join in any such	14851
agreement for purposes related to its authority under laws	14852
applicable to it, and as such a participant shall be considered a	14853
public hospital agency or hospital agency for the purposes of this	14854
section.	14855

(B) An agreement entered into under authority of this section	14856
shall, where appropriate, provide for:	14857

(1) The manner in which the title to the hospital facilities,	14858
including the sites and interest in real estate pertaining	14859
thereto, is to be held, transferred, or disposed of;	14860

(2) Unless provided for by lease pursuant to section 140.05	14861
of the Revised Code, the method by which such hospital facilities	14862
are to be acquired, constructed, or otherwise improved and by	14863
which they shall be managed, occupied, maintained, and repaired,	14864
including the designation of one of the hospital agencies to have	14865
charge of the details of acquisition, construction, or improvement	14866
pursuant to the contracting procedures prescribed under the law	14867
applicable to one of the participating public hospital agencies;	14868

(3) The management or administration of any such programs,	14869
projects, activities, or services, which may include management or	14870
administration by one of said hospital agencies or a board or	14871
agency thereof;	14872

(4) Annual, or more frequent, reports to the participating	14873
hospital agencies as to the revenues and receipts pertaining to	14874
the subject of the agreement, the expenditures thereof, the status	14875
and application of other funds contributed under such agreement,	14876
and such other matters as may be specified by or pursuant to such	14877
agreement;	14878

(5) The manner of apportionment or sharing of costs of	14879
hospital facilities, any other applicable costs of management,	14880
operation, maintenance, and repair of hospital facilities, and	14881
costs for the programs, projects, activities, and services forming	14882
the subject of the agreement, which apportionment or sharing may	14883
be prescribed in fixed amounts, or determined by ratios, formulas,	14884
or otherwise, and paid as service charges, rentals, or in such	14885
other manner as provided in the agreement, and may include amounts	14886
sufficient to meet the bond service charges and other payments and	14887
deposits required under the bond proceedings for obligations	14888
issued to pay costs of hospital facilities. A hospital agency may	14889
commit itself to make such payments at least for so long as any	14890
such obligations are outstanding. In the apportionment, different	14891
classes of costs or expenses may be apportioned to one or more,	14892
all or less than all, of the participating hospital agencies as	14893
determined under such agreement.	14894

(C) An agreement entered into under authority of this section	14895
may provide for:	14896

(1) An orderly process for making determinations or advising	14897
as to planning, execution, implementation, and operation, which	14898
may include designating one of the hospital agencies, or a board	14899
thereof, for any of such purposes, provisions for a committee,	14900
board, or commission, and for representation thereon, or as may	14901
otherwise be provided;	14902

(2) Securing necessary personnel, including participation of	14903
personnel from the respective hospital agencies;	14904

(3) Standards or conditions for the admission or	14905
participation of patients and physicians;	14906

(4) Conditions for admittance of other hospital agencies to	14907
participation under the agreement;	14908

(5) Fixing or establishing the method of determining charges	14909
to be made for particular services;	14910

(6) The manner of amending, supplementing, terminating, or	14911
withdrawal or removal of any party from, the agreement, and the	14912
term of the agreement, or an indefinite term;	14913

(7) Designation of the applicants for or recipients of any	14914
federal, state, or other aid, assistance, or loans available by	14915
reason of any activities conducted under the agreement;	14916

(8) Designation of one or more of the participating hospital	14917
agencies to maintain, prepare, and submit, on behalf of all	14918
parties to the agreement, any or all records and reports with	14919
regard to the activities conducted under the agreement;	14920

(9) Any incidental use of the hospital facilities, or	14921
services thereof, by participating public hospital agencies for	14922
any of their lawful purposes, which incidental use does not impair	14923
the character of the facilities as hospital facilities for any	14924
purpose of this chapter;	14925

(10) Such other matters as the parties thereto may agree upon	14926
for the purposes of division (A) of this section.	14927

(D) For the purpose of paying or contributing its share under	14928
an agreement made under this section, a public hospital agency	14929
may:	14930

(1) Expend any moneys from its general fund, and from any	14931
other funds not otherwise restricted by law, but including funds	14932
for permanent improvements of hospital facilities of such public	14933
hospital agency where the contribution is to be made toward the	14934
costs of hospital facilities under the agreement, and including	14935
funds derived from levies for, or receipts available for,	14936
operating expenses of hospital facilities or services of such	14937
public hospital agency where the contribution or payment is to be	14938
made toward operating expenses of the hospital facilities or	14939
services under the agreement or for the services provided thereby;	14940

(2) Issue obligations under Chapter 133. or section 140.06,	14941
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section	14942
3 of Article XVIII, Ohio Constitution, if applicable to such	14943
public hospital agency, to pay costs of hospital facilities, or	14944
issue obligations under any other provision of law authorizing	14945
such public hospital agency to issue obligations for any costs of	14946
hospital facilities;	14947

(3) Levy taxes under Chapter 5705. or section 513.13 or	14948
3709.29 of the Revised Code, if applicable to such public hospital	14949
agency, provided that the purpose of such levy may include the	14950
provision of funds for either or both permanent improvements and	14951
current expenses if required for the contribution or payment of	14952
such hospital agency under such agreement, and each such public	14953
hospital agency may issue notes in anticipation of any such levy,	14954
pursuant to the procedures provided in section 5705.191 of the	14955
Revised Code if the levy is solely for current expenses, and in	14956
section 5705.193 of the Revised Code if the levy is all or in part	14957
for permanent improvements;	14958

(4) Contribute real and personal property or interest therein	14959
without necessity for competitive bidding or public auction on	14960
disposition of such property.	14961

(E) Any funds provided by public hospital agencies that are	14962
parties to an agreement entered into under this section shall be	14963
transferred to and placed in a separate fund or funds of such	14964
participating public hospital agency as is designated under the	14965
agreement. The funds shall be applied for the purposes provided in	14966
such agreement and are subject to audit. Pursuant to any	14967
determinations to be made under such agreement, the funds shall be	14968
deposited, invested, and disbursed under the provisions of law	14969
applicable to the public hospital agency in whose custody the	14970
funds are held. This division is subject to the provisions of any	14971
applicable bond proceedings under section 133.08, 140.06, 339.15,	14972
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio	14973
Constitution. The records and reports of such public hospital	14974
agency under Chapter 117. of the Revised Code and sections 3702.51	14975
to 3702.62 of the Revised Code, with respect to the funds shall be	14976
sufficient without necessity for reports thereon by the other	14977
public hospital agencies participating under such agreement.	14978

(F)(1) Prior to its entry into any such agreement, the public	14979
hospital agency must determine, and set forth in a resolution or	14980
ordinance, that the contribution to be made by it under such	14981
agreement will be fair consideration for value and benefit to be	14982
derived by it under such agreement and that the agreement will	14983
promote the public purpose stated in section 140.02 of the Revised	14984
Code.	14985

(2) If the agreement is with a board of county commissioners,	14986
board of county hospital trustees, or county hospital commission	14987
and is an initial agreement for the acquisition or operation of a	14988
county hospital operated by a board of county hospital trustees	14989
under section 339.06 of the Revised Code, the governing body of	14990
the public hospital agency shall submit the agreement, accompanied	14991
by the resolution or ordinance, to the board of county	14992
commissioners for review pursuant to section 339.091 of the	14993
Revised Code. The agreement may be entered into only if the board	14994
of county commissioners adopts a resolution under that section.	14995
The requirements of division (F)(2) of this section do not apply	14996
to the agreement if one or more hospitals classified as general	14997
hospitals by the director of health under section 3701.07 of the	14998
Revised Code are operating in the same county as the county	14999
hospital.	15000

Sec. 140.05. (A)(1) A public hospital agency may lease any	15001
hospital facility to one or more hospital agencies for use as a	15002
hospital facility, or to one or more city or general health	15003
districts; boards of alcohol, drug addiction, and mental health	15004
services; county boards of developmental disabilities; the	15005
department of ~~mental health~~mental health and addiction services;	15006
or the department of developmental disabilities, for uses which	15007
they are authorized to make thereof under the laws applicable to	15008
them, or any combination of them, and they may lease such	15009
facilities to or from a hospital agency for such uses, upon such	15010
terms and conditions as are agreed upon by the parties. Such lease	15011
may be for a term of fifty years or less and may provide for an	15012
option of the lessee to renew for a term of fifty years or less,	15013
as therein set forth. Prior to entering into such lease, the	15014
governing body of any public hospital agency granting such lease	15015
must determine, and set forth in a resolution or ordinance, that	15016
such lease will promote the public purpose stated in section	15017
140.02 of the Revised Code and that the lessor public hospital	15018
agency will be duly benefited thereby.	15019

(2) If the lease is with a board of county commissioners,	15020
board of county hospital trustees, or county hospital commission	15021
and is an agreement for the initial lease of a county hospital	15022
operated by a board of county hospital trustees under section	15023
339.06 of the Revised Code, the governing body of the public	15024
hospital agency shall submit the agreement, accompanied by the	15025
resolution or ordinance, to the board of county commissioners for	15026
review pursuant to section 339.091 of the Revised Code. The	15027
agreement may be entered into only if the board of county	15028
commissioners adopts a resolution under that section. The	15029
requirements of division (A)(2) of this section do not apply to	15030
the lease if one or more hospitals classified as general hospitals	15031
by the director of health under section 3701.07 of the Revised	15032
Code are operating in the same county as the county hospital.	15033

(B) Any lease entered into pursuant to this section shall	15034
provide that in the event that the lessee fails faithfully and	15035
efficiently to administer, maintain, and operate such leased	15036
facilities as hospital facilities, or fails to provide the	15037
services thereof without regard to race, creed, color, or national	15038
origin, or fails to require that any hospital agency using such	15039
facilities or the services thereof shall not discriminate by	15040
reason of race, creed, color, or national origin, after an	15041
opportunity to be heard upon written charges, said lease may be	15042
terminated at the time, in the manner and with consequences	15043
therein provided. If any such lease does not contain terms to the	15044
effect provided in this division, it shall nevertheless be deemed	15045
to contain such terms which shall be implemented as determined by	15046
the governing body of the lessor.	15047

(C) Such lease may provide for rentals commencing at any time	15048
agreed upon, or advance rental, and continuing for such period	15049
therein provided, notwithstanding and without diminution, rebate,	15050
or setoff by reason of time of availability of the hospital	15051
facility for use, delays in construction, failure of completion,	15052
damage or destruction of the hospital facilities, or for any other	15053
reason.	15054

(D) Such lease may provide for the sale or transfer of title	15055
of the leased facilities pursuant to an option to purchase,	15056
lease-purchase, or installment purchase upon terms therein	15057
provided or to be determined as therein provided, which may	15058
include provision for the continued use thereof as a hospital	15059
facility for some reasonable period, taking into account efficient	15060
useful life and other factors, as is provided therein.	15061

(E) Such lease may be entered as part of or in connection	15062
with an agreement pursuant to section 140.03 of the Revised Code.	15063
Any hospital facilities which are the subject of an agreement	15064
entered into under section 140.03 of the Revised Code may be	15065
leased pursuant to this section.	15066

(F) If land acquired by a public hospital agency for a	15067
hospital facility is adjacent to an existing hospital facility	15068
owned by another hospital agency, the public hospital agency may,	15069
in connection with such acquisition or the leasing of such land	15070
and hospital facilities thereon to one or more hospital agencies,	15071
enter into an agreement with the hospital agency which owns such	15072
adjacent hospital facility for the use of common walls in the	15073
construction, operation, or maintenance of hospital facilities of	15074
the public hospital agency. For the purpose of construction,	15075
operation, or maintenance of hospital facilities, a public	15076
hospital agency may acquire by purchase, gift, lease, lease with	15077
option to purchase, lease-purchase, or installment purchase,	15078
easement deed, or other agreement, real estate and interests in	15079
real estate, including rights to use space over, under or upon	15080
real property owned by others, and support, access, common wall,	15081
and other rights in connection therewith. Any public hospital	15082
agency or other political subdivision or any public agency, board,	15083
commission, institution, body, or instrumentality may grant such	15084
real estate, interests, or rights to any hospital agency upon such	15085
terms as are agreed upon without necessity for competitive bidding	15086
or public auction.	15087

Sec. 145.01. As used in this chapter:

15088

(A) "Public employee" means:

15089

(1) Any person holding an office, not elective, under the	15090
state or any county, township, municipal corporation, park	15091
district, conservancy district, sanitary district, health	15092
district, metropolitan housing authority, state retirement board,	15093
Ohio historical society, public library, county law library, union	15094
cemetery, joint hospital, institutional commissary, state	15095
university, or board, bureau, commission, council, committee,	15096
authority, or administrative body as the same are, or have been,	15097
created by action of the general assembly or by the legislative	15098
authority of any of the units of local government named in	15099
division (A)(1) of this section, or employed and paid in whole or	15100
in part by the state or any of the authorities named in division	15101
(A)(1) of this section in any capacity not covered by section	15102
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	15103

(2) A person who is a member of the public employees	15104
retirement system and who continues to perform the same or similar	15105
duties under the direction of a contractor who has contracted to	15106
take over what before the date of the contract was a publicly	15107
operated function. The governmental unit with which the contract	15108
has been made shall be deemed the employer for the purposes of	15109
administering this chapter.	15110

(3) Any person who is an employee of a public employer,	15111
notwithstanding that the person's compensation for that employment	15112
is derived from funds of a person or entity other than the	15113
employer. Credit for such service shall be included as total	15114
service credit, provided that the employee makes the payments	15115
required by this chapter, and the employer makes the payments	15116
required by sections 145.48 and 145.51 of the Revised Code.	15117

(4) A person who elects in accordance with section 145.015 of	15118
the Revised Code to remain a contributing member of the public	15119
employees retirement system.	15120

(5) A person who is an employee of the legal rights service	15121
on September 30, 2012, and continues to be employed by the	15122
nonprofit entity established under Section 319.20 of Am. Sub. H.B.	15123
153 of the 129th general assembly. The nonprofit entity is the	15124
employer for the purpose of this chapter.	15125

In all cases of doubt, the public employees retirement board	15126
shall determine under section 145.036, 145.037, or 145.038 of the	15127
Revised Code whether any person is a public employee, and its	15128
decision is final.	15129

(B) "Member" means any public employee, other than a public	15130
employee excluded or exempted from membership in the retirement	15131
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	15132
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	15133
retirant who becomes a member under division (C) of section 145.38	15134
of the Revised Code. "Member" also includes a disability benefit	15135
recipient.	15136

(C) "Head of the department" means the elective or appointive	15137
head of the several executive, judicial, and administrative	15138
departments, institutions, boards, and commissions of the state	15139
and local government as the same are created and defined by the	15140
laws of this state or, in case of a charter government, by that	15141
charter.	15142

(D) "Employer" or "public employer" means the state or any	15143
county, township, municipal corporation, park district,	15144
conservancy district, sanitary district, health district,	15145
metropolitan housing authority, state retirement board, Ohio	15146
historical society, public library, county law library, union	15147
cemetery, joint hospital, institutional commissary, state medical	15148
university, state university, or board, bureau, commission,	15149
council, committee, authority, or administrative body as the same	15150
are, or have been, created by action of the general assembly or by	15151
the legislative authority of any of the units of local government	15152
named in this division not covered by section 742.01, 3307.01,	15153
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	15154
means the employer of any public employee.	15155

(E) "Prior military service" also means all service credited	15156
for active duty with the armed forces of the United States as	15157
provided in section 145.30 of the Revised Code.	15158

(F) "Contributor" means any person who has an account in the	15159
employees' savings fund created by section 145.23 of the Revised	15160
Code. When used in the sections listed in division (B) of section	15161
145.82 of the Revised Code, "contributor" includes any person	15162
participating in a PERS defined contribution plan.	15163

(G) "Beneficiary" or "beneficiaries" means the estate or a	15164
person or persons who, as the result of the death of a member,	15165
contributor, or retirant, qualify for or are receiving some right	15166
or benefit under this chapter.	15167

(H)(1) "Total service credit," except as provided in section	15168
145.37 of the Revised Code, means all service credited to a member	15169
of the retirement system since last becoming a member, including	15170
restored service credit as provided by section 145.31 of the	15171
Revised Code; credit purchased under sections 145.293 and 145.299	15172
of the Revised Code; all the member's military service credit	15173
computed as provided in this chapter; all service credit	15174
established pursuant to section 145.297 of the Revised Code; and	15175
any other service credited under this chapter. For the exclusive	15176
purpose of satisfying the service credit requirement and of	15177
determining eligibility for benefits under sections 145.32,	15178
145.33, 145.331, 145.332, 145.35, 145.36, and 145.361 of the	15179
Revised Code, "five or more years of total service credit" means	15180
sixty or more calendar months of contributing service in this	15181
system.	15182

(2) "One and one-half years of contributing service credit,"	15183
as used in division (B) of section 145.45 of the Revised Code,	15184
also means eighteen or more calendar months of employment by a	15185
municipal corporation that formerly operated its own retirement	15186
plan for its employees or a part of its employees, provided that	15187
all employees of that municipal retirement plan who have eighteen	15188
or more months of such employment, upon establishing membership in	15189
the public employees retirement system, shall make a payment of	15190
the contributions they would have paid had they been members of	15191
this system for the eighteen months of employment preceding the	15192
date membership was established. When that payment has been made	15193
by all such employee members, a corresponding payment shall be	15194
paid into the employers' accumulation fund by that municipal	15195
corporation as the employer of the employees.	15196

(3) Where a member also is a member of the state teachers	15197
retirement system or the school employees retirement system, or	15198
both, except in cases of retirement on a combined basis pursuant	15199
to section 145.37 of the Revised Code or as provided in section	15200
145.383 of the Revised Code, service credit for any period shall	15201
be credited on the basis of the ratio that contributions to the	15202
public employees retirement system bear to total contributions in	15203
all state retirement systems.	15204

(4) Not more than one year of credit may be given for any	15205
period of twelve months.	15206

(5) "Ohio service credit" means credit for service that was	15207
rendered to the state or any of its political subdivisions or any	15208
employer.	15209

(I) "Regular interest" means interest at any rates for the	15210
respective funds and accounts as the public employees retirement	15211
board may determine from time to time.	15212

(J) "Accumulated contributions" means the sum of all amounts	15213
credited to a contributor's individual account in the employees'	15214
savings fund together with any interest credited to the	15215
contributor's account under section 145.471 or 145.472 of the	15216
Revised Code.	15217

(K)(1) "Final average salary" means the greater of the	15218
following:	15219

(a) The sum of the member's earnable salaries for the	15220
appropriate number of calendar years of contributing service,	15221
determined under section 145.017 of the Revised Code, in which the	15222
member's earnable salary was highest, divided by the same number	15223
of calendar years or, if the member has fewer than the appropriate	15224
number of calendar years of contributing service, the total of the	15225
member's earnable salary for all years of contributing service	15226
divided by the number of calendar years of the member's	15227
contributing service;	15228

(b) The sum of a member's earnable salaries for the	15229
appropriate number of consecutive months, determined under section	15230
145.017 of the Revised Code, that were the member's last months of	15231
service, up to and including the last month, divided by the	15232
appropriate number of years or, if the time between the first and	15233
final months of service is less than the appropriate number of	15234
consecutive months, the total of the member's earnable salary for	15235
all months of contributing service divided by the number of years	15236
between the first and final months of contributing service,	15237
including any fraction of a year, except that the member's final	15238
average salary shall not exceed the member's highest earnable	15239
salary for any twelve consecutive months.	15240

(2) If contributions were made in only one calendar year,	15241
"final average salary" means the member's total earnable salary.	15242

(L) "Annuity" means payments for life derived from	15243
contributions made by a contributor and paid from the annuity and	15244
pension reserve fund as provided in this chapter. All annuities	15245
shall be paid in twelve equal monthly installments.	15246

(M) "Annuity reserve" means the present value, computed upon	15247
the basis of the mortality and other tables adopted by the board,	15248
of all payments to be made on account of any annuity, or benefit	15249
in lieu of any annuity, granted to a retirant as provided in this	15250
chapter.	15251

(N)(1) "Disability retirement" means retirement as provided	15252
in section 145.36 of the Revised Code.	15253

(2) "Disability allowance" means an allowance paid on account	15254
of disability under section 145.361 of the Revised Code.	15255

(3) "Disability benefit" means a benefit paid as disability	15256
retirement under section 145.36 of the Revised Code, as a	15257
disability allowance under section 145.361 of the Revised Code, or	15258
as a disability benefit under section 145.37 of the Revised Code.	15259

(4) "Disability benefit recipient" means a member who is	15260
receiving a disability benefit.	15261

(O) "Age and service retirement" means retirement as provided	15262
in sections 145.32, 145.33, 145.331, 145.332, 145.37, and 145.46	15263
and former section 145.34 of the Revised Code.	15264

(P) "Pensions" means annual payments for life derived from	15265
contributions made by the employer that at the time of retirement	15266
are credited into the annuity and pension reserve fund from the	15267
employers' accumulation fund and paid from the annuity and pension	15268
reserve fund as provided in this chapter. All pensions shall be	15269
paid in twelve equal monthly installments.	15270

(Q) "Retirement allowance" means the pension plus that	15271
portion of the benefit derived from contributions made by the	15272
member.	15273

(R)(1) Except as otherwise provided in division (R) of this	15274
section, "earnable salary" means all salary, wages, and other	15275
earnings paid to a contributor by reason of employment in a	15276
position covered by the retirement system. The salary, wages, and	15277
other earnings shall be determined prior to determination of the	15278
amount required to be contributed to the employees' savings fund	15279
under section 145.47 of the Revised Code and without regard to	15280
whether any of the salary, wages, or other earnings are treated as	15281
deferred income for federal income tax purposes. "Earnable salary"	15282
includes the following:	15283

(a) Payments made by the employer in lieu of salary, wages,	15284
or other earnings for sick leave, personal leave, or vacation used	15285
by the contributor;	15286

(b) Payments made by the employer for the conversion of sick	15287
leave, personal leave, and vacation leave accrued, but not used if	15288
the payment is made during the year in which the leave is accrued,	15289
except that payments made pursuant to section 124.383 or 124.386	15290
of the Revised Code are not earnable salary;	15291

(c) Allowances paid by the employer for maintenance,	15292
consisting of housing, laundry, and meals, as certified to the	15293
retirement board by the employer or the head of the department	15294
that employs the contributor;	15295

(d) Fees and commissions paid under section 507.09 of the	15296
Revised Code;	15297

(e) Payments that are made under a disability leave program	15298
sponsored by the employer and for which the employer is required	15299
by section 145.296 of the Revised Code to make periodic employer	15300
and employee contributions;	15301

(f) Amounts included pursuant to former division (K)(3) and	15302
former division (Y) of this section and section 145.2916 of the	15303
Revised Code.	15304

(2) "Earnable salary" does not include any of the following:

15305

(a) Fees and commissions, other than those paid under section	15306
507.09 of the Revised Code, paid as sole compensation for personal	15307
services and fees and commissions for special services over and	15308
above services for which the contributor receives a salary;	15309

(b) Amounts paid by the employer to provide life insurance,	15310
sickness, accident, endowment, health, medical, hospital, dental,	15311
or surgical coverage, or other insurance for the contributor or	15312
the contributor's family, or amounts paid by the employer to the	15313
contributor in lieu of providing the insurance;	15314

(c) Incidental benefits, including lodging, food, laundry,	15315
parking, or services furnished by the employer, or use of the	15316
employer's property or equipment, or amounts paid by the employer	15317
to the contributor in lieu of providing the incidental benefits;	15318

(d) Reimbursement for job-related expenses authorized by the	15319
employer, including moving and travel expenses and expenses	15320
related to professional development;	15321

(e) Payments for accrued but unused sick leave, personal	15322
leave, or vacation that are made at any time other than in the	15323
year in which the sick leave, personal leave, or vacation was	15324
accrued;	15325

(f) Payments made to or on behalf of a contributor that are	15326
in excess of the annual compensation that may be taken into	15327
account by the retirement system under division (a)(17) of section	15328
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	15329
U.S.C.A. 401(a)(17), as amended;	15330

(g) Payments made under division (B), (C), or (E) of section	15331
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	15332
No. 3 of the 119th general assembly, Section 3 of Amended	15333
Substitute Senate Bill No. 164 of the 124th general assembly, or	15334
Amended Substitute House Bill No. 405 of the 124th general	15335
assembly;	15336

(h) Anything of value received by the contributor that is	15337
based on or attributable to retirement or an agreement to retire,	15338
except that payments made on or before January 1, 1989, that are	15339
based on or attributable to an agreement to retire shall be	15340
included in earnable salary if both of the following apply:	15341

(i) The payments are made in accordance with contract	15342
provisions that were in effect prior to January 1, 1986;	15343

(ii) The employer pays the retirement system an amount	15344
specified by the retirement board equal to the additional	15345
liability resulting from the payments.	15346

(i) The portion of any amount included in section 145.2916 of	15347
the Revised Code that represents employer contributions.	15348

(3) The retirement board shall determine by rule whether any	15349
compensation not enumerated in division (R) of this section is	15350
earnable salary, and its decision shall be final.	15351

(S) "Pension reserve" means the present value, computed upon	15352
the basis of the mortality and other tables adopted by the board,	15353
of all payments to be made on account of any retirement allowance	15354
or benefit in lieu of any retirement allowance, granted to a	15355
member or beneficiary under this chapter.	15356

(T) "Contributing service" means both of the following:

15357

(1) All service credited to a member of the system since	15358
January 1, 1935, for which contributions are made as required by	15359
sections 145.47, 145.48, and 145.483 of the Revised Code. In any	15360
year subsequent to 1934, credit for any service shall be allowed	15361
in accordance with section 145.016 of the Revised Code.	15362

(2) Service credit received by election of the member under	15363
section 145.814 of the Revised Code.	15364

(U) "State retirement board" means the public employees	15365
retirement board, the school employees retirement board, or the	15366
state teachers retirement board.	15367

(V) "Retirant" means any former member who retires and is	15368
receiving a monthly allowance as provided in sections 145.32,	15369
145.33, 145.331, 145.332, and 145.46 and former section 145.34 of	15370
the Revised Code.	15371

(W) "Employer contribution" means the amount paid by an	15372
employer as determined under section 145.48 of the Revised Code.	15373

(X) "Public service terminates" means the last day for which	15374
a public employee is compensated for services performed for an	15375
employer or the date of the employee's death, whichever occurs	15376
first.	15377

(Y) "Five years of service credit," for the exclusive purpose	15378
of satisfying the service credit requirements and of determining	15379
eligibility under section 145.33 or 145.332 of the Revised Code,	15380
means employment covered under this chapter or under a former	15381
retirement plan operated, recognized, or endorsed by the employer	15382
prior to coverage under this chapter or under a combination of the	15383
coverage.	15384

(Z) "Deputy sheriff" means any person who is commissioned and	15385
employed as a full-time peace officer by the sheriff of any	15386
county, and has been so employed since on or before December 31,	15387
1965; any person who is or has been commissioned and employed as a	15388
peace officer by the sheriff of any county since January 1, 1966,	15389
and who has received a certificate attesting to the person's	15390
satisfactory completion of the peace officer training school as	15391
required by section 109.77 of the Revised Code; or any person	15392
deputized by the sheriff of any county and employed pursuant to	15393
section 2301.12 of the Revised Code as a criminal bailiff or court	15394
constable who has received a certificate attesting to the person's	15395
satisfactory completion of the peace officer training school as	15396
required by section 109.77 of the Revised Code.	15397

(AA) "Township constable or police officer in a township	15398
police department or district" means any person who is	15399
commissioned and employed as a full-time peace officer pursuant to	15400
Chapter 505. or 509. of the Revised Code, who has received a	15401
certificate attesting to the person's satisfactory completion of	15402
the peace officer training school as required by section 109.77 of	15403
the Revised Code.	15404

(BB) "Drug agent" means any person who is either of the	15405
following:	15406

(1) Employed full time as a narcotics agent by a county	15407
narcotics agency created pursuant to section 307.15 of the Revised	15408
Code and has received a certificate attesting to the satisfactory	15409
completion of the peace officer training school as required by	15410
section 109.77 of the Revised Code;	15411

(2) Employed full time as an undercover drug agent as defined	15412
in section 109.79 of the Revised Code and is in compliance with	15413
section 109.77 of the Revised Code.	15414

(CC) "Department of public safety enforcement agent" means a	15415
full-time employee of the department of public safety who is	15416
designated under section 5502.14 of the Revised Code as an	15417
enforcement agent and who is in compliance with section 109.77 of	15418
the Revised Code.	15419

(DD) "Natural resources law enforcement staff officer" means	15420
a full-time employee of the department of natural resources who is	15421
designated a natural resources law enforcement staff officer under	15422
section 1501.013 of the Revised Code and is in compliance with	15423
section 109.77 of the Revised Code.	15424

(EE) "Park officer" means a full-time employee of the	15425
department of natural resources who is designated a park officer	15426
under section 1541.10 of the Revised Code and is in compliance	15427
with section 109.77 of the Revised Code.	15428

(FF) "Forest officer" means a full-time employee of the	15429
department of natural resources who is designated a forest officer	15430
under section 1503.29 of the Revised Code and is in compliance	15431
with section 109.77 of the Revised Code.	15432

(GG) "Preserve officer" means a full-time employee of the	15433
department of natural resources who is designated a preserve	15434
officer under section 1517.10 of the Revised Code and is in	15435
compliance with section 109.77 of the Revised Code.	15436

(HH) "Wildlife officer" means a full-time employee of the	15437
department of natural resources who is designated a wildlife	15438
officer under section 1531.13 of the Revised Code and is in	15439
compliance with section 109.77 of the Revised Code.	15440

(II) "State watercraft officer" means a full-time employee of	15441
the department of natural resources who is designated a state	15442
watercraft officer under section 1547.521 of the Revised Code and	15443
is in compliance with section 109.77 of the Revised Code.	15444

(JJ) "Park district police officer" means a full-time	15445
employee of a park district who is designated pursuant to section	15446
511.232 or 1545.13 of the Revised Code and is in compliance with	15447
section 109.77 of the Revised Code.	15448

(KK) "Conservancy district officer" means a full-time	15449
employee of a conservancy district who is designated pursuant to	15450
section 6101.75 of the Revised Code and is in compliance with	15451
section 109.77 of the Revised Code.	15452

(LL) "Municipal police officer" means a member of the	15453
organized police department of a municipal corporation who is	15454
employed full time, is in compliance with section 109.77 of the	15455
Revised Code, and is not a member of the Ohio police and fire	15456
pension fund.	15457

(MM) "Veterans' home police officer" means any person who is	15458
employed at a veterans' home as a police officer pursuant to	15459
section 5907.02 of the Revised Code and is in compliance with	15460
section 109.77 of the Revised Code.	15461

(NN) "Special police officer for a mental health institution"	15462
means any person who is designated as such pursuant to section	15463
~~5119.14~~5119.08 of the Revised Code and is in compliance with	15464
section 109.77 of the Revised Code.	15465

(OO) "Special police officer for an institution for the	15466
developmentally disabled" means any person who is designated as	15467
such pursuant to section 5123.13 of the Revised Code and is in	15468
compliance with section 109.77 of the Revised Code.	15469

(PP) "State university law enforcement officer" means any	15470
person who is employed full time as a state university law	15471
enforcement officer pursuant to section 3345.04 of the Revised	15472
Code and who is in compliance with section 109.77 of the Revised	15473
Code.	15474

(QQ) "House sergeant at arms" means any person appointed by	15475
the speaker of the house of representatives under division (B)(1)	15476
of section 101.311 of the Revised Code who has arrest authority	15477
under division (E)(1) of that section.	15478

(RR) "Assistant house sergeant at arms" means any person	15479
appointed by the house sergeant at arms under division (C)(1) of	15480
section 101.311 of the Revised Code.	15481

(SS) "Regional transit authority police officer" means a	15482
person who is employed full time as a regional transit authority	15483
police officer under division (Y) of section 306.35 of the Revised	15484
Code and is in compliance with section 109.77 of the Revised Code.	15485

(TT) "State highway patrol police officer" means a special	15486
police officer employed full time and designated by the	15487
superintendent of the state highway patrol pursuant to section	15488
5503.09 of the Revised Code or a person serving full time as a	15489
special police officer pursuant to that section on a permanent	15490
basis on October 21, 1997, who is in compliance with section	15491
109.77 of the Revised Code.	15492

(UU) "Municipal public safety director" means a person who	15493
serves full time as the public safety director of a municipal	15494
corporation with the duty of directing the activities of the	15495
municipal corporation's police department and fire department.	15496

(VV) Notwithstanding section 2901.01 of the Revised Code,	15497
"PERS law enforcement officer" means a sheriff or any of the	15498
following whose primary duties are to preserve the peace, protect	15499
life and property, and enforce the laws of this state: a deputy	15500
sheriff, township constable or police officer in a township police	15501
department or district, drug agent, department of public safety	15502
enforcement agent, natural resources law enforcement staff	15503
officer, park officer, forest officer, preserve officer, wildlife	15504
officer, state watercraft officer, park district police officer,	15505
conservancy district officer, veterans' home police officer,	15506
special police officer for a mental health institution, special	15507
police officer for an institution for the developmentally	15508
disabled, state university law enforcement officer, municipal	15509
police officer, house sergeant at arms, assistant house sergeant	15510
at arms, regional transit authority police officer, or state	15511
highway patrol police officer. "PERS law enforcement officer" also	15512
includes a person serving as a municipal public safety director at	15513
any time during the period from September 29, 2005, to March 24,	15514
2009, if the duties of that service were to preserve the peace,	15515
protect life and property, and enforce the laws of this state.	15516

(WW) "Hamilton county municipal court bailiff" means a person	15517
appointed by the clerk of courts of the Hamilton county municipal	15518
court under division (A)(3) of section 1901.32 of the Revised Code	15519
who is employed full time as a bailiff or deputy bailiff, who has	15520
received a certificate attesting to the person's satisfactory	15521
completion of the peace officer basic training described in	15522
division (D)(1) of section 109.77 of the Revised Code.	15523

(XX) "PERS public safety officer" means a Hamilton county	15524
municipal court bailiff, or any of the following whose primary	15525
duties are other than to preserve the peace, protect life and	15526
property, and enforce the laws of this state: a deputy sheriff,	15527
township constable or police officer in a township police	15528
department or district, drug agent, department of public safety	15529
enforcement agent, natural resources law enforcement staff	15530
officer, park officer, forest officer, preserve officer, wildlife	15531
officer, state watercraft officer, park district police officer,	15532
conservancy district officer, veterans' home police officer,	15533
special police officer for a mental health institution, special	15534
police officer for an institution for the ~~mentally retarded and~~	15535
developmentally disabled, state university law enforcement	15536
officer, municipal police officer, house sergeant at arms,	15537
assistant house sergeant at arms, regional transit authority	15538
police officer, or state highway patrol police officer. "PERS	15539
public safety officer" also includes a person serving as a	15540
municipal public safety director at any time during the period	15541
from September 29, 2005, to March 24, 2009, if the duties of that	15542
service were other than to preserve the peace, protect life and	15543
property, and enforce the laws of this state.	15544

(YY) "Fiduciary" means a person who does any of the	15545
following:	15546

(1) Exercises any discretionary authority or control with	15547
respect to the management of the system or with respect to the	15548
management or disposition of its assets;	15549

(2) Renders investment advice for a fee, direct or indirect,	15550
with respect to money or property of the system;	15551

(3) Has any discretionary authority or responsibility in the	15552
administration of the system.	15553

(ZZ) "Actuary" means an individual who satisfies all of the	15554
following requirements:	15555

(1) Is a member of the American academy of actuaries;

15556

(2) Is an associate or fellow of the society of actuaries;

15557

(3) Has a minimum of five years' experience in providing	15558
actuarial services to public retirement plans.	15559

(AAA) "PERS defined benefit plan" means the plan described in	15560
sections 145.201 to 145.79 of the Revised Code.	15561

(BBB) "PERS defined contribution plans" means the plan or	15562
plans established under section 145.81 of the Revised Code.	15563

Sec. 145.012. (A) "Public employee," as defined in division	15564
(A) of section 145.01 of the Revised Code, does not include any	15565
person:	15566

(1) Who is employed by a private, temporary-help service and	15567
performs services under the direction of a public employer or is	15568
employed on a contractual basis as an independent contractor under	15569
a personal service contract with a public employer;	15570

(2) Who is an emergency employee serving on a temporary basis	15571
in case of fire, snow, earthquake, flood, or other similar	15572
emergency;	15573

(3) Who is employed in a program established pursuant to the	15574
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	15575
1501;	15576

(4) Who is an appointed member of either the motor vehicle	15577
salvage dealers board or the motor vehicle dealer's board whose	15578
rate and method of payment are determined pursuant to division (J)	15579
of section 124.15 of the Revised Code;	15580

(5) Who is employed as an election worker and paid less than	15581
five hundred dollars per calendar year for that service;	15582

(6) Who is employed as a firefighter in a position requiring	15583
satisfactory completion of a firefighter training course approved	15584
under former section 3303.07 or section 4765.55 of the Revised	15585
Code or conducted under section 3737.33 of the Revised Code except	15586
for the following:	15587

(a) Any firefighter who has elected under section 145.013 of	15588
the Revised Code to remain a contributing member of the public	15589
employees retirement system;	15590

(b) Any firefighter who was eligible to transfer from the	15591
public employees retirement system to the Ohio police and fire	15592
pension fund under section 742.51 or 742.515 of the Revised Code	15593
and did not elect to transfer;	15594

(c) Any firefighter who has elected under section 742.516 of	15595
the Revised Code to transfer from the Ohio police and fire pension	15596
fund to the public employees retirement system.	15597

(7) Who is a member of the board of health of a city or	15598
general health district, which pursuant to sections 3709.051 and	15599
3709.07 of the Revised Code includes a combined health district,	15600
and whose compensation for attendance at meetings of the board is	15601
set forth in division (B) of section 3709.02 or division (B) of	15602
section 3709.05 of the Revised Code, as appropriate;	15603

(8) Who participates in an alternative retirement plan	15604
established under Chapter 3305. of the Revised Code;	15605

(9) Who is a member of the board of directors of a sanitary	15606
district established under Chapter 6115. of the Revised Code;	15607

(10) Who is a member of the unemployment compensation	15608
advisory council;	15609

(11) Who is an employee, officer, or governor-appointed	15610
member of the board of directors of the nonprofit corporation	15611
formed under section 187.01 of the Revised Code;	15612

(12) Who is employed by the nonprofit entity established to	15613
provide advocacy services and a client assistance program for	15614
people with disabilities under Section 319.20 of Am. Sub. H.B. 153	15615
of the 129th general assembly and whose employment begins on or	15616
after October 1, 2012.	15617

(B) No inmate of a correctional institution operated by the	15618
department of rehabilitation and correction, no patient in a	15619
hospital for the mentally ill or criminally insane operated by the	15620
department of ~~mental health~~mental health and addiction services,	15621
no resident in an institution for the mentally retarded operated	15622
by the department of developmental disabilities, no resident	15623
admitted as a patient of a veterans' home operated under Chapter	15624
5907. of the Revised Code, and no resident of a county home shall	15625
be considered as a public employee for the purpose of establishing	15626
membership or calculating service credit or benefits under this	15627
chapter. Nothing in this division shall be construed to affect any	15628
service credit attained by any person who was a public employee	15629
before becoming an inmate, patient, or resident at any institution	15630
listed in this division, or the payment of any benefit for which	15631
such a person or such a person's beneficiaries otherwise would be	15632
eligible.	15633

Sec. 145.037. (A) As used in this section and section 145.038	15634
of the Revised Code, "business entity" means an entity with five	15635
or more employees that is a corporation, association, firm,	15636
limited liability company, partnership, sole proprietorship, or	15637
other entity engaged in business.	15638

A contract between a public employer and a business entity	15639
shall state that all individuals employed by the business entity	15640
who provide personal services to the public employer are not	15641
public employees for purposes of this chapter.	15642

(B)(1) Except as provided in division (B)(2) of this section,	15643
an individual who provided personal services to a public employer	15644
on or before January 7, 2013, but was not classified as a public	15645
employee may request from the public employees retirement board a	15646
determination of whether the individual should have been	15647
classified as a public employee for purposes of this chapter. The	15648
request shall be made on a form provided by the board.	15649

(2) Division (B)(1) of this section does not apply to an	15650
individual employed by a business entity under contract with a	15651
public employer to provide personal services to the employer.	15652

(C)(1) Not later than ~~thirty~~sixty days after ~~January 7, 2013~~	15653
the effective date of this amendment, the board shall ~~notify each~~	15654
~~employer~~have published in at least eight newspapers of general	15655
circulation in this state notice of the right of an individual	15656
described in division (B)(1) of this section to seek the	15657
determination described in that division. The notice also shall be	15658
~~accompanied by copies of the form described in division (B)(1) of~~	15659
~~this section~~posted on the web site of the public employees	15660
retirement system.	15661

(2) ~~Not later than September 7, 2013, the employer shall send~~	15662
~~to each individual described in division (B)(1) of this section a~~	15663
~~copy of the form provided by the retirement system and written~~	15664
~~notice of the right to seek a determination of whether the~~	15665
~~individual should have been classified as a public employee. The~~	15666
~~notice shall be sent to the individual's last known address on~~	15667
~~record with the employer.~~	15668

~~(3) On~~Except as provided in division (D) of this section, on	15669
receipt of a request for a determination on a properly completed	15670
form, the board shall determine whether the individual should have	15671
been classified as a public employee. If the board determines that	15672
the individual is not a public employee with regard to the	15673
services in question, for the purposes of this chapter, the	15674
individual shall not be considered ~~an independent contractor~~a	15675
public employee with regard to the services in question. The	15676
board's determination is final.	15677

~~(4)~~(3) The board shall notify the individual and the public	15678
employer of its determination. The determination shall apply to	15679
services performed before, on, or after January 7, 2013, for the	15680
same employer in the same capacity.	15681

(D)(1) Regardless of whether an individual actually receives	15682
notice under this section, the request for a determination must be	15683
made not later than August 7, 2014, unless the individual can	15684
demonstrate to the board's satisfaction through medical records	15685
that on that date the individual was physically or mentally	15686
incapacitated and unable to request a determination.	15687

(2) The board shall deny a request received after the	15688
effective date of this amendment if the board determines that the	15689
individual has had ten or more years of contributing service since	15690
the individual last performed the services that are the subject of	15691
the request.	15692

Sec. 145.038. (A) A public employer who on or after ~~the~~	15693
~~effective date of this section~~January 7, 2013, begins to receive	15694
personal services from an individual it classifies as an	15695
independent contractor or another classification other than public	15696
employee shall inform the individual of the classification and	15697
that no contributions will be made to the public employees	15698
retirement system for the services. Not later than thirty days	15699
after the services begin, the employer to whom the personal	15700
services will be rendered shall require the individual to	15701
acknowledge, in writing on a form provided by the system, that the	15702
individual has been informed that the employer does not consider	15703
the individual a public employee and no contributions will be made	15704
to the public employees retirement system for the services. The	15705
employer shall retain the acknowledgement for a period of five	15706
years after the date the services begin and immediately transmit a	15707
copy of it to the ~~system~~public entity responsible for submitting	15708
to the system the reports required by section 145.47 of the	15709
Revised Code. The public entity shall transmit a copy of the	15710
acknowledgement to the system.	15711

(B)(1) Regardless of whether the individual has made an	15712
acknowledgement under division (A) of this section and, except as	15713
provided in division (B)(2) of this section, an individual may	15714
request that the public employees retirement board determine	15715
whether the individual is a public employee for purposes of this	15716
chapter.	15717

(2) Division (B)(1) of this section does not apply to an	15718
individual employed by a business entity under contract with a	15719
public employer to provide personal services to the employer.	15720

(C) A request for a determination must be made not later than	15721
five years after the individual begins to provide personal	15722
services to the public employer, unless ~~one of the following is~~	15723
~~the case:~~	15724

~~(1) The~~the individual demonstrates to the board's	15725
satisfaction through medical records that at the time the	15726
five-year period ended the individual was physically or mentally	15727
incapacitated and unable to request a determination.	15728

~~(2) The employer has not obtained or has failed to retain the~~	15729
~~acknowledgement required by division (A) of this section.~~	15730

(D) On receipt of a request under division (B)(1) of this	15731
section, the board shall determine whether the individual is a	15732
public employee for the purposes of this chapter. If the board	15733
determines that the individual is not a public employee for the	15734
services, for the purposes of this chapter, the individual shall	15735
not be considered ~~an independent contractor~~a public employee with	15736
regard to the services in question. The board's determination is	15737
final.	15738

The board shall notify the individual and the public employer	15739
of its determination. The determination shall apply to services	15740
performed before, on, or after ~~the effective date of this section~~	15741
January 7, 2013, for the same employer in the same capacity.	15742

(E) The board may adopt rules under section 145.09 of the	15743
Revised Code to implement this section and sections 145.036 and	15744
145.037 of the Revised Code.	15745

Sec. 145.22. (A) The public employees retirement board shall	15746
have prepared annually by or under the supervision of an actuary	15747
an actuarial valuation of the pension assets, liabilities, and	15748
funding requirements of the public employees retirement system as	15749
established pursuant to this chapter. The actuary shall complete	15750
the valuation in accordance with actuarial standards of practice	15751
promulgated by the actuarial standards board of the American	15752
academy of actuaries and prepare a report of the valuation. The	15753
report shall include all of the following:	15754

(1) A summary of the benefit provisions evaluated;

15755

(2) A summary of the census data and financial information	15756
used in the valuation;	15757

(3) A description of the actuarial assumptions, actuarial	15758
cost method, and asset valuation method used in the valuation,	15759
including a statement of the assumed rate of payroll growth and	15760
assumed rate of growth or decline in the number of members	15761
contributing to the retirement system;	15762

(4) A summary of findings that includes a statement of the	15763
actuarial accrued pension liabilities and unfunded actuarial	15764
accrued pension liabilities;	15765

(5) A schedule showing the effect of any changes in the	15766
benefit provisions, actuarial assumptions, or cost methods since	15767
the last annual actuarial valuation;	15768

(6) A statement of whether contributions to the retirement	15769
system are expected to be sufficient to satisfy the funding	15770
objectives established by the board.	15771

The board shall submit the report to the Ohio retirement	15772
study council, the director of budget and management, and the	15773
standing committees of the house of representatives and the senate	15774
with primary responsibility for retirement legislation immediately	15775
upon its availability and not later than the first day of	15776
September following the year for which the valuation was made.	15777

(B) At such time as the public employees retirement board	15778
determines, and at least once in each five-year period, the board	15779
shall have prepared by or under the supervision of an actuary an	15780
actuarial investigation of the mortality, service, and other	15781
experience of the members, retirants, contributors, and	15782
beneficiaries of the system to update the actuarial assumptions	15783
used in the actuarial valuation required by division (A) of this	15784
section. The actuary shall prepare a report of the actuarial	15785
investigation. The report shall be prepared and any recommended	15786
changes in actuarial assumptions shall be made in accordance with	15787
the actuarial standards of practice promulgated by the actuarial	15788
standards board of the American academy of actuaries. The report	15789
shall include all of the following:	15790

(1) A summary of relevant decrement and economic assumption	15791
experience observed over the period of the investigation;	15792

(2) Recommended changes in actuarial assumptions to be used	15793
in subsequent actuarial valuations required by division (A) of	15794
this section;	15795

(3) A measurement of the financial effect of the recommended	15796
changes in actuarial assumptions.	15797

The board shall submit the report to the Ohio retirement	15798
study council and the standing committees of the house of	15799
representatives and the senate with primary responsibility for	15800
retirement legislation not later than the first day of November	15801
following the last fiscal year of the period the report covers.	15802

(C) The board may at any time request the actuary to make any	15803
studies or actuarial valuations to determine the adequacy of the	15804
contribution rate determined under section 145.48 of the Revised	15805
Code, and those rates may be adjusted by the board, as recommended	15806
by the actuary, effective as of the first of any year thereafter.	15807

(D) The board shall have prepared by or under the supervision	15808
of an actuary an actuarial analysis of any introduced legislation	15809
expected to have a measurable financial impact on the retirement	15810
system. The actuarial analysis shall be completed in accordance	15811
with the actuarial standards of practice promulgated by the	15812
actuarial standards board of the American academy of actuaries.	15813
The actuary shall prepare a report of the actuarial analysis,	15814
which shall include all of the following:	15815

(1) A summary of the statutory changes that are being	15816
evaluated;	15817

(2) A description of or reference to the actuarial	15818
assumptions and actuarial cost method used in the report;	15819

(3) A description of the participant group or groups included	15820
in the report;	15821

(4) A statement of the financial impact of the legislation,	15822
including the resulting increase, if any, in the employer normal	15823
cost percentage; the increase, if any, in actuarial accrued	15824
liabilities; and the per cent of payroll that would be required to	15825
amortize the increase in actuarial accrued liabilities as a level	15826
per cent of covered payroll for all active members over a period	15827
not to exceed thirty years;	15828

(5) A statement of whether the scheduled contributions to the	15829
system after the proposed change is enacted are expected to be	15830
sufficient to satisfy the funding objectives established by the	15831
board.	15832

Not later than sixty days from the date of introduction of	15833
the legislation, the board shall submit a copy of the actuarial	15834
analysis to the legislative service commission, the standing	15835
committees of the house of representatives and the senate with	15836
primary responsibility for retirement legislation, and the Ohio	15837
retirement study council.	15838

(E) The board shall have prepared annually a report giving a	15839
full accounting of the revenues and costs relating to the	15840
provision of benefits under sections 145.58 and 145.584 of the	15841
Revised Code. The report shall be made as of December 31, 1997,	15842
and the thirty-first day of December of each year thereafter. The	15843
report shall include the following:	15844

(1) A description of the statutory authority for the benefits	15845
provided;	15846

(2) A summary of the benefits;

15847

(3) A summary of the eligibility requirements for the	15848
benefits;	15849

(4) A statement of the number of participants eligible for	15850
the benefits;	15851

(5) A description of the accounting, asset valuation, and	15852
funding method used to provide the benefits;	15853

(6) A statement of the net assets available for the provision	15854
of the benefits as of the last day of the fiscal year;	15855

(7) A statement of any changes in the net assets available	15856
for the provision of benefits, including participant and employer	15857
contributions, net investment income, administrative expenses, and	15858
benefits provided to participants, as of the last day of the	15859
fiscal year;	15860

(8) For the last six consecutive fiscal years, a schedule of	15861
the net assets available for the benefits, the annual cost of	15862
benefits, administrative expenses incurred, and annual employer	15863
contributions allocated for the provision of benefits;	15864

(9) A description of any significant changes that affect the	15865
comparability of the report required under this division;	15866

(10) A statement of the amount paid under division (C) of	15867
section 145.58 of the Revised Code.	15868

The board shall submit the report to the Ohio retirement	15869
study council, the director of budget and management, and the	15870
standing committees of the house of representatives and the senate	15871
with primary responsibility for retirement legislation immediately	15872
upon its availability and not later than the thirtieth day of June	15873
following the year for which the report was made.	15874

Sec. 149.01. Each elective state officer, the adjutant	15875
general, the adult parole authority, the department of	15876
agriculture, the director of administrative services, the public	15877
utilities commission, the superintendent of insurance, the	15878
superintendent of financial institutions, the superintendent of	15879
purchases and printing, the fire marshal, the industrial	15880
commission, the administrator of workers' compensation, the state	15881
department of transportation, the department of health, the state	15882
medical board, the state dental board, the board of embalmers and	15883
funeral directors, the Ohio commission for the blind, the	15884
accountancy board of Ohio, the state council of uniform state	15885
laws, the board of commissioners of the sinking fund, the	15886
department of taxation, the board of tax appeals, the division of	15887
liquor control, the director of state armories, the trustees of	15888
the Ohio state university, and every private or quasi-public	15889
institution, association, board, or corporation receiving state	15890
money for its use and purpose shall make annually, at the end of	15891
each fiscal year, in quadruplicate, a report of the transactions	15892
and proceedings of that office or department for that fiscal year,	15893
excepting receipts and disbursements unless otherwise specifically	15894
required by law. The report shall contain a summary of the	15895
official acts of the officer, board, council, commission,	15896
institution, association, or corporation and any suggestions and	15897
recommendations that are proper. ~~On the first day of August of~~	15898
~~each year, one~~	15899

One of the reports shall be filed with the governor, one with	15900
the secretary of state, and one with the state library, and one	15901
shall be kept on file in the office of the officer, board,	15902
council, commission, institution, association, or corporation. The	15903
reports shall be so filed by the first day of August, except that	15904
the report of the treasurer of state shall be so filed by the	15905
thirty-first day of December.	15906

Sec. 149.12. The state library board shall forward, free of	15907
charge, in a paper or electronic format, one copy of each	15908
legislative bulletin, daily house and senate journal, pamphlet law	15909
as described in section 149.09 of the Revised Code, and summary of	15910
enactments published by the legislative service commission, to the	15911
following libraries:	15912

(A) Each library within the state that has been designated by	15913
the state library board under section 149.11 of the Revised Code	15914
as a depository for state publications;	15915

(B) In each county containing no library described in	15916
division (A) of this section, to a public library designated by	15917
the state library board to receive the journals, bulletins, and	15918
summaries described in this section. The state library board shall	15919
designate libraries that can best preserve the publications and	15920
are so located geographically that they can make the publications	15921
conveniently accessible to the residents of the county.	15922

The state library board shall forward the daily house and	15923
senate journals once every week while the general assembly is in	15924
session and the legislative bulletin, each pamphlet law, and the	15925
summary of enactments as they are published.	15926

Each library receiving publications under this section or	15927
under section 149.09 of the Revised Code shall make these	15928
publications accessible to the public.	15929

Sec. 149.307. There is hereby created in the state treasury	15930
the Ohio history license plate contribution fund. The fund shall	15931
consist of the contributions that are paid to the registrar of	15932
motor vehicles by applicants who choose to obtain "Ohio history"	15933
license plates pursuant to section 4503.95 of the Revised Code.	15934

The contributions deposited in the fund shall be used by the	15935
Ohio historical society to provide grants to historical	15936
organizations located in this state. An organization that receives	15937
a grant under this section shall use the grant only to host	15938
exhibits and increase access to its collection by the public.	15939

The society shall establish and administer all aspects of the	15940
grant program, including eligibility requirements for receiving a	15941
grant under the program.	15942

Not later than the last business day of January of each year,	15943
the society shall prepare and submit to the general assembly a	15944
written report, detailing all aspects of the grant program during	15945
the immediately preceding calendar year.	15946

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

15947

(1) "Historic building" means a building, including its	15948
structural components, that is located in this state and that is	15949
either individually listed on the national register of historic	15950
places under 16 U.S.C. 470a, located in a registered historic	15951
district, and certified by the state historic preservation officer	15952
as being of historic significance to the district, or is	15953
individually listed as an historic landmark designated by a local	15954
government certified under 16 U.S.C. 470a(c).	15955

(2) "Qualified rehabilitation expenditures" means	15956
expenditures paid or incurred during the rehabilitation period,	15957
and before and after that period as determined under 26 U.S.C. 47,	15958
by an owner or qualified lessee of an historic building to	15959
rehabilitate the building. "Qualified rehabilitation expenditures"	15960
includes architectural or engineering fees paid or incurred in	15961
connection with the rehabilitation, and expenses incurred in the	15962
preparation of nomination forms for listing on the national	15963
register of historic places. "Qualified rehabilitation	15964
expenditures" does not include any of the following:	15965

(a) The cost of acquiring, expanding, or enlarging an	15966
historic building;	15967

(b) Expenditures attributable to work done to facilities	15968
related to the building, such as parking lots, sidewalks, and	15969
landscaping;	15970

15971

(3) "Owner" of an historic building means a person holding	15972
the fee simple interest in the building. "Owner" does not include	15973
the state or a state agency, or any political subdivision as	15974
defined in section 9.23 of the Revised Code.	15975

(4) "Qualified lessee" means a person subject to a lease	15976
agreement for aan historic building and eligible for the federal	15977
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee"	15978
does not include the state or a state agency or political	15979
subdivision as defined in section 9.23 of the Revised Code.	15980

(5) "Certificate owner" means the owner or qualified lessee	15981
of an historic building to which a rehabilitation tax credit	15982
certificate was issued under this section.	15983

(6) "Registered historic district" means an historic district	15984
listed in the national register of historic places under 16 U.S.C.	15985
470a, an historic district designated by a local government	15986
certified under 16 U.S.C. 470a(c), or a local historic district	15987
certified under 36 C.F.R. 67.8 and 67.9.	15988

(7) "Rehabilitation" means the process of repairing or	15989
altering an historic building or buildings, making possible an	15990
efficient use while preserving those portions and features of the	15991
building and its site and environment that are significant to its	15992
historic, architectural, and cultural values.	15993

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

15994

(a) If the rehabilitation initially was not planned to be	15995
completed in stages, a period chosen by the owner or qualified	15996
lessee not to exceed twenty-four months during which	15997
rehabilitation occurs;	15998

(b) If the rehabilitation initially was planned to be	15999
completed in stages, a period chosen by the owner or qualified	16000
lessee not to exceed sixty months during which rehabilitation	16001
occurs. Each stage shall be reviewed as a phase of a	16002
rehabilitation as determined under 26 C.F.R. 1.48-12 or a	16003
successor to that section.	16004

(9) "State historic preservation officer" or "officer" means	16005
the state historic preservation officer appointed by the governor	16006
under 16 U.S.C. 470a.	16007

(B) The owner or qualified lessee of an historic building may	16008
apply to the director of development services for a rehabilitation	16009
tax credit certificate for qualified rehabilitation expenditures	16010
paid or incurred by such owner or qualified lessee after April 4,	16011
2007, for rehabilitation of an historic building. If the owner of	16012
aan historic building enters a pass-through agreement with a	16013
qualified lessee for the purposes of the federal rehabilitation	16014
tax credit under 26 U.S.C. 47, the qualified rehabilitation	16015
expenditures paid or incurred by the owner after April 4, 2007,	16016
~~shall~~may be attributed to the qualified lessee.	16017

The form and manner of filing such applications shall be	16018
prescribed by rule of the director. Each application shall state	16019
the amount of qualified rehabilitation expenditures the applicant	16020
estimates will be paid or incurred. The director may require	16021
applicants to furnish documentation of such estimates.	16022

The director, after consultation with the tax commissioner	16023
and in accordance with Chapter 119. of the Revised Code, shall	16024
adopt rules that establish all of the following:	16025

(1) Forms and procedures by which applicants may apply for	16026
rehabilitation tax credit certificates;	16027

(2) Criteria for reviewing, evaluating, and approving	16028
applications for certificates within the limitations under	16029
division (D) of this section, criteria for assuring that the	16030
certificates issued encompass a mixture of high and low qualified	16031
rehabilitation expenditures, and criteria for issuing certificates	16032
under division (C)(3)(b) of this section;	16033

(3) Eligibility requirements for obtaining a certificate	16034
under this section;	16035

(4) The form of rehabilitation tax credit certificates;

16036

(5) Reporting requirements and monitoring procedures;

16037

(6) Procedures and criteria for conducting cost-benefit	16038
analyses of historic buildings that are the subjects of	16039
applications filed under this section. The purpose of a	16040
cost-benefit analysis shall be to determine whether rehabilitation	16041
of the historic building will result in a net revenue gain in	16042
state and local taxes once the building is used.	16043

(7) Any other rules necessary to implement and administer	16044
this section.	16045

(C) The director of development services shall review the	16046
applications with the assistance of the state historic	16047
preservation officer and determine whether all of the following	16048
criteria are met:	16049

(1) That the building that is the subject of the application	16050
is an historic building and the applicant is the owner or	16051
qualified lessee of the building;	16052

(2) That the rehabilitation will satisfy standards prescribed	16053
by the United States secretary of the interior under 16 U.S.C.	16054
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	16055
that section;	16056

(3) That receiving a rehabilitation tax credit certificate	16057
under this section is a major factor in:	16058

(a) The applicant's decision to rehabilitate the historic	16059
building; or	16060

(b) To increase the level of investment in such	16061
rehabilitation.	16062

An applicant shall demonstrate to the satisfaction of the	16063
state historic preservation officer and director of development	16064
services that the rehabilitation will satisfy the standards	16065
described in division (C)(2) of this section before the applicant	16066
begins the physical rehabilitation of the historic building.	16067

(D)(1) If the director of development services determines	16068
that an application meets the criteria in divisions (C)(1), (2),	16069
and (3) of this section, the director shall conduct a cost-benefit	16070
analysis for the historic building that is the subject of the	16071
application to determine whether rehabilitation of the historic	16072
building will result in a net revenue gain in state and local	16073
taxes once the building is used. The director shall consider the	16074
results of the cost-benefit analysis in determining whether to	16075
approve the application. The director shall also consider the	16076
potential economic impact and the regional distributive balance of	16077
the credits throughout the state. The director may approve an	16078
application only after completion of the cost-benefit analysis.	16079

(2) A rehabilitation tax credit certificate shall not be	16080
issued for an amount greater than the estimated amount furnished	16081
by the applicant on the application for such certificate and	16082
approved by the director. The director shall not approve more than	16083
a total of sixty million dollars of rehabilitation tax credits per	16084
fiscal year but the director may reallocate unused tax credits	16085
from a prior fiscal year for new applicants and such reallocated	16086
credits shall not apply toward the dollar limit of this division.	16087

(3) For rehabilitations with a rehabilitation period not	16088
exceeding twenty-four months as provided in division (A)(7)(a) of	16089
this section, a rehabilitation tax credit certificate shall not be	16090
issued before the rehabilitation of the historic building is	16091
completed.	16092

(4) For rehabilitations with a rehabilitation period not	16093
exceeding sixty months as provided in division (A)(7)(b) of this	16094
section, a rehabilitation tax credit certificate shall not be	16095
issued before a stage of rehabilitation is completed. After all	16096
stages of rehabilitation are completed, if the director cannot	16097
determine that the criteria in division (C) of this section are	16098
satisfied for all stages of rehabilitations, the director shall	16099
certify this finding to the tax commissioner, and any	16100
rehabilitation tax credits received by the applicant shall be	16101
repaid by the applicant and may be collected by assessment as	16102
unpaid tax by the commissioner.	16103

(5) The director of development services shall require the	16104
applicant to provide a third-party cost certification by a	16105
certified public accountant of the actual costs attributed to the	16106
rehabilitation of the historic building when qualified	16107
rehabilitation expenditures exceed two hundred thousand dollars.	16108

If an applicant whose application is approved for receipt of	16109
a rehabilitation tax credit certificate fails to provide to the	16110
director sufficient evidence of reviewable progress, including a	16111
viable financial plan, copies of final construction drawings, and	16112
evidence that the applicant has obtained all historic approvals	16113
within twelve months after the date the applicant received	16114
notification of approval, and if the applicant fails to provide	16115
evidence to the director that the applicant has secured and closed	16116
on financing for the rehabilitation within eighteen months after	16117
receiving notification of approval, the director may rescind the	16118
approval of the application. The director shall notify the	16119
applicant if the approval has been rescinded. Credits that would	16120
have been available to an applicant whose approval was rescinded	16121
shall be available for other qualified applicants. Nothing in this	16122
division prohibits an applicant whose approval has been rescinded	16123
from submitting a new application for a rehabilitation tax credit	16124
certificate.	16125

(E) Issuance of a certificate represents a finding by the	16126
director of development services of the matters described in	16127
divisions (C)(1), (2), and (3) of this section only; issuance of a	16128
certificate does not represent a verification or certification by	16129
the director of the amount of qualified rehabilitation	16130
expenditures for which a tax credit may be claimed under section	16131
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the	16132
Revised Code. The amount of qualified rehabilitation expenditures	16133
for which a tax credit may be claimed is subject to inspection and	16134
examination by the tax commissioner or employees of the	16135
commissioner under section 5703.19 of the Revised Code and any	16136
other applicable law. Upon the issuance of a certificate, the	16137
director shall certify to the tax commissioner, in the form and	16138
manner requested by the tax commissioner, the name of the	16139
applicant, the amount of qualified rehabilitation expenditures	16140
shown on the certificate, and any other information required by	16141
the rules adopted under this section.	16142

(F)(1) On or before the first day of April each year, the	16143
director of development services and tax commissioner jointly	16144
shall submit to the president of the senate and the speaker of the	16145
house of representatives a report on the tax credit program	16146
established under this section and sections 5725.151, 5725.34,	16147
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The	16148
report shall present an overview of the program and shall include	16149
information on the number of rehabilitation tax credit	16150
certificates issued under this section during the preceding fiscal	16151
year, an update on the status of each historic building for which	16152
an application was approved under this section, the dollar amount	16153
of the tax credits granted under sections 5725.151, 5725.34,	16154
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and	16155
any other information the director and commissioner consider	16156
relevant to the topics addressed in the report.	16157

(2) On or before December 1, 2015, the director of	16158
development services and tax commissioner jointly shall submit to	16159
the president of the senate and the speaker of the house of	16160
representatives a comprehensive report that includes the	16161
information required by division (F)(1) of this section and a	16162
detailed analysis of the effectiveness of issuing tax credits for	16163
rehabilitating historic buildings. The report shall be prepared	16164
with the assistance of an economic research organization jointly	16165
chosen by the director and commissioner.	16166

(G) There is hereby created in the state treasury the	16167
historic rehabilitation tax credit operating fund. The director of	16168
development services is authorized to charge reasonable	16169
application and other fees in connection with the administration	16170
of tax credits authorized by this section and sections 5725.151,	16171
5725.34, 5726.52, 5729.17, 5733.44, and 5747.76 of the Revised	16172
Code. Any such fees collected shall be credited to the fund and	16173
used to pay reasonable costs incurred by the department of	16174
development services in administering this section and sections	16175
5725.151, 5725.34, 5726.52, 5729.17, 5733.44, and 5747.76 of the	16176
Revised Code.	16177

The Ohio historic preservation office is authorized to charge	16178
reasonable fees in connection with its review and approval of	16179
applications under this section. Any such fees collected shall be	16180
credited to the fund and used to pay administrative costs incurred	16181
by the Ohio historic preservation office pursuant to this section.	16182

Sec. 149.43. (A) As used in this section:

16183

(1) "Public record" means records kept by any public office,	16184
including, but not limited to, state, county, city, village,	16185
township, and school district units, and records pertaining to the	16186
delivery of educational services by an alternative school in this	16187
state kept by the nonprofit or for-profit entity operating the	16188
alternative school pursuant to section 3313.533 of the Revised	16189
Code. "Public record" does not mean any of the following:	16190

(a) Medical records;

16191

(b) Records pertaining to probation and parole proceedings or	16192
to proceedings related to the imposition of community control	16193
sanctions and post-release control sanctions;	16194

(c) Records pertaining to actions under section 2151.85 and	16195
division (C) of section 2919.121 of the Revised Code and to	16196
appeals of actions arising under those sections;	16197

(d) Records pertaining to adoption proceedings, including the	16198
contents of an adoption file maintained by the department of	16199
health under section 3705.12 of the Revised Code;	16200

(e) Information in a record contained in the putative father	16201
registry established by section 3107.062 of the Revised Code,	16202
regardless of whether the information is held by the department of	16203
job and family services or, pursuant to section 3111.69 of the	16204
Revised Code, the office of child support in the department or a	16205
child support enforcement agency;	16206

(f) Records listed in division (A) of section 3107.42 of the	16207
Revised Code or specified in division (A) of section 3107.52 of	16208
the Revised Code;	16209

(g) Trial preparation records;

16210

(h) Confidential law enforcement investigatory records;

16211

(i) Records containing information that is confidential under	16212
section 2710.03 or 4112.05 of the Revised Code;	16213

(j) DNA records stored in the DNA database pursuant to	16214
section 109.573 of the Revised Code;	16215

(k) Inmate records released by the department of	16216
rehabilitation and correction to the department of youth services	16217
or a court of record pursuant to division (E) of section 5120.21	16218
of the Revised Code;	16219

(l) Records maintained by the department of youth services	16220
pertaining to children in its custody released by the department	16221
of youth services to the department of rehabilitation and	16222
correction pursuant to section 5139.05 of the Revised Code;	16223

(m) Intellectual property records;

16224

(n) Donor profile records;

16225

(o) Records maintained by the department of job and family	16226
services pursuant to section 3121.894 of the Revised Code;	16227

(p) Peace officer, parole officer, probation officer,	16228
bailiff, prosecuting attorney, assistant prosecuting attorney,	16229
correctional employee, community-based correctional facility	16230
employee, youth services employee, firefighter, EMT, or	16231
investigator of the bureau of criminal identification and	16232
investigation residential and familial information;	16233

(q) In the case of a county hospital operated pursuant to	16234
Chapter 339. of the Revised Code or a municipal hospital operated	16235
pursuant to Chapter 749. of the Revised Code, information that	16236
constitutes a trade secret, as defined in section 1333.61 of the	16237
Revised Code;	16238

(r) Information pertaining to the recreational activities of	16239
a person under the age of eighteen;	16240

(s) Records provided to, statements made by review board	16241
members during meetings of, and all work products of a child	16242
fatality review board acting under sections 307.621 to 307.629 of	16243
the Revised Code, and child fatality review data submitted by the	16244
child fatality review board to the department of health or a	16245
national child death review database, other than the report	16246
prepared pursuant to division (A) of section 307.626 of the	16247
Revised Code;	16248

(t) Records provided to and statements made by the executive	16249
director of a public children services agency or a prosecuting	16250
attorney acting pursuant to section 5153.171 of the Revised Code	16251
other than the information released under that section;	16252

(u) Test materials, examinations, or evaluation tools used in	16253
an examination for licensure as a nursing home administrator that	16254
the board of ~~examiners~~executives of ~~nursing home administrators~~	16255
long-term services and supports administers under section 4751.04	16256
of the Revised Code or contracts under that section with a private	16257
or government entity to administer;	16258

(v) Records the release of which is prohibited by state or	16259
federal law;	16260

(w) Proprietary information of or relating to any person that	16261
is submitted to or compiled by the Ohio venture capital authority	16262
created under section 150.01 of the Revised Code;	16263

(x) ~~Information reported and evaluations conducted pursuant~~	16264
~~to section 3701.072 of the Revised Code;~~	16265

~~(y)~~ Financial statements and data any person submits for any	16266
purpose to the Ohio housing finance agency or the controlling	16267
board in connection with applying for, receiving, or accounting	16268
for financial assistance from the agency, and information that	16269
identifies any individual who benefits directly or indirectly from	16270
financial assistance from the agency;	16271

~~(z)~~(y) Records listed in section 5101.29 of the Revised Code;

16272

~~(aa)~~(z) Discharges recorded with a county recorder under	16273
section 317.24 of the Revised Code, as specified in division	16274
(B)(2) of that section;	16275

~~(bb)~~(aa) Usage information including names and addresses of	16276
specific residential and commercial customers of a municipally	16277
owned or operated public utility;	16278

~~(cc)~~(bb) Records described in division (C) of section 187.04	16279
of the Revised Code that are not designated to be made available	16280
to the public as provided in that division.	16281

(2) "Confidential law enforcement investigatory record" means	16282
any record that pertains to a law enforcement matter of a	16283
criminal, quasi-criminal, civil, or administrative nature, but	16284
only to the extent that the release of the record would create a	16285
high probability of disclosure of any of the following:	16286

(a) The identity of a suspect who has not been charged with	16287
the offense to which the record pertains, or of an information	16288
source or witness to whom confidentiality has been reasonably	16289
promised;	16290

(b) Information provided by an information source or witness	16291
to whom confidentiality has been reasonably promised, which	16292
information would reasonably tend to disclose the source's or	16293
witness's identity;	16294

(c) Specific confidential investigatory techniques or	16295
procedures or specific investigatory work product;	16296

(d) Information that would endanger the life or physical	16297
safety of law enforcement personnel, a crime victim, a witness, or	16298
a confidential information source.	16299

(3) "Medical record" means any document or combination of	16300
documents, except births, deaths, and the fact of admission to or	16301
discharge from a hospital, that pertains to the medical history,	16302
diagnosis, prognosis, or medical condition of a patient and that	16303
is generated and maintained in the process of medical treatment.	16304

(4) "Trial preparation record" means any record that contains	16305
information that is specifically compiled in reasonable	16306
anticipation of, or in defense of, a civil or criminal action or	16307
proceeding, including the independent thought processes and	16308
personal trial preparation of an attorney.	16309

(5) "Intellectual property record" means a record, other than	16310
a financial or administrative record, that is produced or	16311
collected by or for faculty or staff of a state institution of	16312
higher learning in the conduct of or as a result of study or	16313
research on an educational, commercial, scientific, artistic,	16314
technical, or scholarly issue, regardless of whether the study or	16315
research was sponsored by the institution alone or in conjunction	16316
with a governmental body or private concern, and that has not been	16317
publicly released, published, or patented.	16318

(6) "Donor profile record" means all records about donors or	16319
potential donors to a public institution of higher education	16320
except the names and reported addresses of the actual donors and	16321
the date, amount, and conditions of the actual donation.	16322

(7) "Peace officer, parole officer, probation officer,	16323
bailiff, prosecuting attorney, assistant prosecuting attorney,	16324
correctional employee, community-based correctional facility	16325
employee, youth services employee, firefighter, EMT, or	16326
investigator of the bureau of criminal identification and	16327
investigation residential and familial information" means any	16328
information that discloses any of the following about a peace	16329
officer, parole officer, probation officer, bailiff, prosecuting	16330
attorney, assistant prosecuting attorney, correctional employee,	16331
community-based correctional facility employee, youth services	16332
employee, firefighter, EMT, or investigator of the bureau of	16333
criminal identification and investigation:	16334

(a) The address of the actual personal residence of a peace	16335
officer, parole officer, probation officer, bailiff, assistant	16336
prosecuting attorney, correctional employee, community-based	16337
correctional facility employee, youth services employee,	16338
firefighter, EMT, or an investigator of the bureau of criminal	16339
identification and investigation, except for the state or	16340
political subdivision in which the peace officer, parole officer,	16341
probation officer, bailiff, assistant prosecuting attorney,	16342
correctional employee, community-based correctional facility	16343
employee, youth services employee, firefighter, EMT, or	16344
investigator of the bureau of criminal identification and	16345
investigation resides;	16346

(b) Information compiled from referral to or participation in	16347
an employee assistance program;	16348

(c) The social security number, the residential telephone	16349
number, any bank account, debit card, charge card, or credit card	16350
number, or the emergency telephone number of, or any medical	16351
information pertaining to, a peace officer, parole officer,	16352
probation officer, bailiff, prosecuting attorney, assistant	16353
prosecuting attorney, correctional employee, community-based	16354
correctional facility employee, youth services employee,	16355
firefighter, EMT, or investigator of the bureau of criminal	16356
identification and investigation;	16357

(d) The name of any beneficiary of employment benefits,	16358
including, but not limited to, life insurance benefits, provided	16359
to a peace officer, parole officer, probation officer, bailiff,	16360
prosecuting attorney, assistant prosecuting attorney, correctional	16361
employee, community-based correctional facility employee, youth	16362
services employee, firefighter, EMT, or investigator of the bureau	16363
of criminal identification and investigation by the peace	16364
officer's, parole officer's, probation officer's, bailiff's,	16365
prosecuting attorney's, assistant prosecuting attorney's,	16366
correctional employee's, community-based correctional facility	16367
employee's, youth services employee's, firefighter's, EMT's, or	16368
investigator of the bureau of criminal identification and	16369
investigation's employer;	16370

(e) The identity and amount of any charitable or employment	16371
benefit deduction made by the peace officer's, parole officer's,	16372
probation officer's, bailiff's, prosecuting attorney's, assistant	16373
prosecuting attorney's, correctional employee's, community-based	16374
correctional facility employee's, youth services employee's,	16375
firefighter's, EMT's, or investigator of the bureau of criminal	16376
identification and investigation's employer from the peace	16377
officer's, parole officer's, probation officer's, bailiff's,	16378
prosecuting attorney's, assistant prosecuting attorney's,	16379
correctional employee's, community-based correctional facility	16380
employee's, youth services employee's, firefighter's, EMT's, or	16381
investigator of the bureau of criminal identification and	16382
investigation's compensation unless the amount of the deduction is	16383
required by state or federal law;	16384

(f) The name, the residential address, the name of the	16385
employer, the address of the employer, the social security number,	16386
the residential telephone number, any bank account, debit card,	16387
charge card, or credit card number, or the emergency telephone	16388
number of the spouse, a former spouse, or any child of a peace	16389
officer, parole officer, probation officer, bailiff, prosecuting	16390
attorney, assistant prosecuting attorney, correctional employee,	16391
community-based correctional facility employee, youth services	16392
employee, firefighter, EMT, or investigator of the bureau of	16393
criminal identification and investigation;	16394

(g) A photograph of a peace officer who holds a position or	16395
has an assignment that may include undercover or plain clothes	16396
positions or assignments as determined by the peace officer's	16397
appointing authority.	16398

As used in divisions (A)(7) and (B)(9) of this section,	16399
"peace officer" has the same meaning as in section 109.71 of the	16400
Revised Code and also includes the superintendent and troopers of	16401
the state highway patrol; it does not include the sheriff of a	16402
county or a supervisory employee who, in the absence of the	16403
sheriff, is authorized to stand in for, exercise the authority of,	16404
and perform the duties of the sheriff.	16405

As used in divisions (A)(7) and (B)(5) of this section,	16406
"correctional employee" means any employee of the department of	16407
rehabilitation and correction who in the course of performing the	16408
employee's job duties has or has had contact with inmates and	16409
persons under supervision.	16410

As used in divisions (A)(7) and (B)(5) of this section,	16411
"youth services employee" means any employee of the department of	16412
youth services who in the course of performing the employee's job	16413
duties has or has had contact with children committed to the	16414
custody of the department of youth services.	16415

As used in divisions (A)(7) and (B)(9) of this section,	16416
"firefighter" means any regular, paid or volunteer, member of a	16417
lawfully constituted fire department of a municipal corporation,	16418
township, fire district, or village.	16419

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	16420
means EMTs-basic, EMTs-I, and paramedics that provide emergency	16421
medical services for a public emergency medical service	16422
organization. "Emergency medical service organization,"	16423
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	16424
section 4765.01 of the Revised Code.	16425

As used in divisions (A)(7) and (B)(9) of this section,	16426
"investigator of the bureau of criminal identification and	16427
investigation" has the meaning defined in section 2903.11 of the	16428
Revised Code.	16429

(8) "Information pertaining to the recreational activities of	16430
a person under the age of eighteen" means information that is kept	16431
in the ordinary course of business by a public office, that	16432
pertains to the recreational activities of a person under the age	16433
of eighteen years, and that discloses any of the following:	16434

(a) The address or telephone number of a person under the age	16435
of eighteen or the address or telephone number of that person's	16436
parent, guardian, custodian, or emergency contact person;	16437

(b) The social security number, birth date, or photographic	16438
image of a person under the age of eighteen;	16439

(c) Any medical record, history, or information pertaining to	16440
a person under the age of eighteen;	16441

(d) Any additional information sought or required about a	16442
person under the age of eighteen for the purpose of allowing that	16443
person to participate in any recreational activity conducted or	16444
sponsored by a public office or to use or obtain admission	16445
privileges to any recreational facility owned or operated by a	16446
public office.	16447

(9) "Community control sanction" has the same meaning as in	16448
section 2929.01 of the Revised Code.	16449

(10) "Post-release control sanction" has the same meaning as	16450
in section 2967.01 of the Revised Code.	16451

(11) "Redaction" means obscuring or deleting any information	16452
that is exempt from the duty to permit public inspection or	16453
copying from an item that otherwise meets the definition of a	16454
"record" in section 149.011 of the Revised Code.	16455

(12) "Designee" and "elected official" have the same meanings	16456
as in section 109.43 of the Revised Code.	16457

(B)(1) Upon request and subject to division (B)(8) of this	16458
section, all public records responsive to the request shall be	16459
promptly prepared and made available for inspection to any person	16460
at all reasonable times during regular business hours. Subject to	16461
division (B)(8) of this section, upon request, a public office or	16462
person responsible for public records shall make copies of the	16463
requested public record available at cost and within a reasonable	16464
period of time. If a public record contains information that is	16465
exempt from the duty to permit public inspection or to copy the	16466
public record, the public office or the person responsible for the	16467
public record shall make available all of the information within	16468
the public record that is not exempt. When making that public	16469
record available for public inspection or copying that public	16470
record, the public office or the person responsible for the public	16471
record shall notify the requester of any redaction or make the	16472
redaction plainly visible. A redaction shall be deemed a denial of	16473
a request to inspect or copy the redacted information, except if	16474
federal or state law authorizes or requires a public office to	16475
make the redaction.	16476

(2) To facilitate broader access to public records, a public	16477
office or the person responsible for public records shall organize	16478
and maintain public records in a manner that they can be made	16479
available for inspection or copying in accordance with division	16480
(B) of this section. A public office also shall have available a	16481
copy of its current records retention schedule at a location	16482
readily available to the public. If a requester makes an ambiguous	16483
or overly broad request or has difficulty in making a request for	16484
copies or inspection of public records under this section such	16485
that the public office or the person responsible for the requested	16486
public record cannot reasonably identify what public records are	16487
being requested, the public office or the person responsible for	16488
the requested public record may deny the request but shall provide	16489
the requester with an opportunity to revise the request by	16490
informing the requester of the manner in which records are	16491
maintained by the public office and accessed in the ordinary	16492
course of the public office's or person's duties.	16493

(3) If a request is ultimately denied, in part or in whole,	16494
the public office or the person responsible for the requested	16495
public record shall provide the requester with an explanation,	16496
including legal authority, setting forth why the request was	16497
denied. If the initial request was provided in writing, the	16498
explanation also shall be provided to the requester in writing.	16499
The explanation shall not preclude the public office or the person	16500
responsible for the requested public record from relying upon	16501
additional reasons or legal authority in defending an action	16502
commenced under division (C) of this section.	16503

(4) Unless specifically required or authorized by state or	16504
federal law or in accordance with division (B) of this section, no	16505
public office or person responsible for public records may limit	16506
or condition the availability of public records by requiring	16507
disclosure of the requester's identity or the intended use of the	16508
requested public record. Any requirement that the requester	16509
disclose the requestor's identity or the intended use of the	16510
requested public record constitutes a denial of the request.	16511

(5) A public office or person responsible for public records	16512
may ask a requester to make the request in writing, may ask for	16513
the requester's identity, and may inquire about the intended use	16514
of the information requested, but may do so only after disclosing	16515
to the requester that a written request is not mandatory and that	16516
the requester may decline to reveal the requester's identity or	16517
the intended use and when a written request or disclosure of the	16518
identity or intended use would benefit the requester by enhancing	16519
the ability of the public office or person responsible for public	16520
records to identify, locate, or deliver the public records sought	16521
by the requester.	16522

(6) If any person chooses to obtain a copy of a public record	16523
in accordance with division (B) of this section, the public office	16524
or person responsible for the public record may require that	16525
person to pay in advance the cost involved in providing the copy	16526
of the public record in accordance with the choice made by the	16527
person seeking the copy under this division. The public office or	16528
the person responsible for the public record shall permit that	16529
person to choose to have the public record duplicated upon paper,	16530
upon the same medium upon which the public office or person	16531
responsible for the public record keeps it, or upon any other	16532
medium upon which the public office or person responsible for the	16533
public record determines that it reasonably can be duplicated as	16534
an integral part of the normal operations of the public office or	16535
person responsible for the public record. When the person seeking	16536
the copy makes a choice under this division, the public office or	16537
person responsible for the public record shall provide a copy of	16538
it in accordance with the choice made by the person seeking the	16539
copy. Nothing in this section requires a public office or person	16540
responsible for the public record to allow the person seeking a	16541
copy of the public record to make the copies of the public record.	16542

(7) Upon a request made in accordance with division (B) of	16543
this section and subject to division (B)(6) of this section, a	16544
public office or person responsible for public records shall	16545
transmit a copy of a public record to any person by United States	16546
mail or by any other means of delivery or transmission within a	16547
reasonable period of time after receiving the request for the	16548
copy. The public office or person responsible for the public	16549
record may require the person making the request to pay in advance	16550
the cost of postage if the copy is transmitted by United States	16551
mail or the cost of delivery if the copy is transmitted other than	16552
by United States mail, and to pay in advance the costs incurred	16553
for other supplies used in the mailing, delivery, or transmission.	16554

Any public office may adopt a policy and procedures that it	16555
will follow in transmitting, within a reasonable period of time	16556
after receiving a request, copies of public records by United	16557
States mail or by any other means of delivery or transmission	16558
pursuant to this division. A public office that adopts a policy	16559
and procedures under this division shall comply with them in	16560
performing its duties under this division.	16561

In any policy and procedures adopted under this division, a	16562
public office may limit the number of records requested by a	16563
person that the office will transmit by United States mail to ten	16564
per month, unless the person certifies to the office in writing	16565
that the person does not intend to use or forward the requested	16566
records, or the information contained in them, for commercial	16567
purposes. For purposes of this division, "commercial" shall be	16568
narrowly construed and does not include reporting or gathering	16569
news, reporting or gathering information to assist citizen	16570
oversight or understanding of the operation or activities of	16571
government, or nonprofit educational research.	16572

(8) A public office or person responsible for public records	16573
is not required to permit a person who is incarcerated pursuant to	16574
a criminal conviction or a juvenile adjudication to inspect or to	16575
obtain a copy of any public record concerning a criminal	16576
investigation or prosecution or concerning what would be a	16577
criminal investigation or prosecution if the subject of the	16578
investigation or prosecution were an adult, unless the request to	16579
inspect or to obtain a copy of the record is for the purpose of	16580
acquiring information that is subject to release as a public	16581
record under this section and the judge who imposed the sentence	16582
or made the adjudication with respect to the person, or the	16583
judge's successor in office, finds that the information sought in	16584
the public record is necessary to support what appears to be a	16585
justiciable claim of the person.	16586

(9)(a) Upon written request made and signed by a journalist	16587
on or after December 16, 1999, a public office, or person	16588
responsible for public records, having custody of the records of	16589
the agency employing a specified peace officer, parole officer,	16590
probation officer, bailiff, prosecuting attorney, assistant	16591
prosecuting attorney, correctional employee, community-based	16592
correctional facility employee, youth services employee,	16593
firefighter, EMT, or investigator of the bureau of criminal	16594
identification and investigation shall disclose to the journalist	16595
the address of the actual personal residence of the peace officer,	16596
parole officer, probation officer, bailiff, prosecuting attorney,	16597
assistant prosecuting attorney, correctional employee,	16598
community-based correctional facility employee, youth services	16599
employee, firefighter, EMT, or investigator of the bureau of	16600
criminal identification and investigation and, if the peace	16601
officer's, parole officer's, probation officer's, bailiff's,	16602
prosecuting attorney's, assistant prosecuting attorney's,	16603
correctional employee's, community-based correctional facility	16604
employee's, youth services employee's, firefighter's, EMT's, or	16605
investigator of the bureau of criminal identification and	16606
investigation's spouse, former spouse, or child is employed by a	16607
public office, the name and address of the employer of the peace	16608
officer's, parole officer's, probation officer's, bailiff's,	16609
prosecuting attorney's, assistant prosecuting attorney's,	16610
correctional employee's, community-based correctional facility	16611
employee's, youth services employee's, firefighter's, EMT's, or	16612
investigator of the bureau of criminal identification and	16613
investigation's spouse, former spouse, or child. The request shall	16614
include the journalist's name and title and the name and address	16615
of the journalist's employer and shall state that disclosure of	16616
the information sought would be in the public interest.	16617

(b) Division (B)(9)(a) of this section also applies to	16618
journalist requests for customer information maintained by a	16619
municipally owned or operated public utility, other than social	16620
security numbers and any private financial information such as	16621
credit reports, payment methods, credit card numbers, and bank	16622
account information.	16623

(c) As used in division (B)(9) of this section, "journalist"	16624
means a person engaged in, connected with, or employed by any news	16625
medium, including a newspaper, magazine, press association, news	16626
agency, or wire service, a radio or television station, or a	16627
similar medium, for the purpose of gathering, processing,	16628
transmitting, compiling, editing, or disseminating information for	16629
the general public.	16630

(C)(1) If a person allegedly is aggrieved by the failure of a	16631
public office or the person responsible for public records to	16632
promptly prepare a public record and to make it available to the	16633
person for inspection in accordance with division (B) of this	16634
section or by any other failure of a public office or the person	16635
responsible for public records to comply with an obligation in	16636
accordance with division (B) of this section, the person allegedly	16637
aggrieved may commence a mandamus action to obtain a judgment that	16638
orders the public office or the person responsible for the public	16639
record to comply with division (B) of this section, that awards	16640
court costs and reasonable attorney's fees to the person that	16641
instituted the mandamus action, and, if applicable, that includes	16642
an order fixing statutory damages under division (C)(1) of this	16643
section. The mandamus action may be commenced in the court of	16644
common pleas of the county in which division (B) of this section	16645
allegedly was not complied with, in the supreme court pursuant to	16646
its original jurisdiction under Section 2 of Article IV, Ohio	16647
Constitution, or in the court of appeals for the appellate	16648
district in which division (B) of this section allegedly was not	16649
complied with pursuant to its original jurisdiction under Section	16650
3 of Article IV, Ohio Constitution.	16651

If a requestor transmits a written request by hand delivery	16652
or certified mail to inspect or receive copies of any public	16653
record in a manner that fairly describes the public record or	16654
class of public records to the public office or person responsible	16655
for the requested public records, except as otherwise provided in	16656
this section, the requestor shall be entitled to recover the	16657
amount of statutory damages set forth in this division if a court	16658
determines that the public office or the person responsible for	16659
public records failed to comply with an obligation in accordance	16660
with division (B) of this section.	16661

The amount of statutory damages shall be fixed at one hundred	16662
dollars for each business day during which the public office or	16663
person responsible for the requested public records failed to	16664
comply with an obligation in accordance with division (B) of this	16665
section, beginning with the day on which the requester files a	16666
mandamus action to recover statutory damages, up to a maximum of	16667
one thousand dollars. The award of statutory damages shall not be	16668
construed as a penalty, but as compensation for injury arising	16669
from lost use of the requested information. The existence of this	16670
injury shall be conclusively presumed. The award of statutory	16671
damages shall be in addition to all other remedies authorized by	16672
this section.	16673

The court may reduce an award of statutory damages or not	16674
award statutory damages if the court determines both of the	16675
following:	16676

(a) That, based on the ordinary application of statutory law	16677
and case law as it existed at the time of the conduct or	16678
threatened conduct of the public office or person responsible for	16679
the requested public records that allegedly constitutes a failure	16680
to comply with an obligation in accordance with division (B) of	16681
this section and that was the basis of the mandamus action, a	16682
well-informed public office or person responsible for the	16683
requested public records reasonably would believe that the conduct	16684
or threatened conduct of the public office or person responsible	16685
for the requested public records did not constitute a failure to	16686
comply with an obligation in accordance with division (B) of this	16687
section;	16688

(b) That a well-informed public office or person responsible	16689
for the requested public records reasonably would believe that the	16690
conduct or threatened conduct of the public office or person	16691
responsible for the requested public records would serve the	16692
public policy that underlies the authority that is asserted as	16693
permitting that conduct or threatened conduct.	16694

(2)(a) If the court issues a writ of mandamus that orders the	16695
public office or the person responsible for the public record to	16696
comply with division (B) of this section and determines that the	16697
circumstances described in division (C)(1) of this section exist,	16698
the court shall determine and award to the relator all court	16699
costs.	16700

(b) If the court renders a judgment that orders the public	16701
office or the person responsible for the public record to comply	16702
with division (B) of this section, the court may award reasonable	16703
attorney's fees subject to reduction as described in division	16704
(C)(2)(c) of this section. The court shall award reasonable	16705
attorney's fees, subject to reduction as described in division	16706
(C)(2)(c) of this section when either of the following applies:	16707

(i) The public office or the person responsible for the	16708
public records failed to respond affirmatively or negatively to	16709
the public records request in accordance with the time allowed	16710
under division (B) of this section.	16711

(ii) The public office or the person responsible for the	16712
public records promised to permit the relator to inspect or	16713
receive copies of the public records requested within a specified	16714
period of time but failed to fulfill that promise within that	16715
specified period of time.	16716

(c) Court costs and reasonable attorney's fees awarded under	16717
this section shall be construed as remedial and not punitive.	16718
Reasonable attorney's fees shall include reasonable fees incurred	16719
to produce proof of the reasonableness and amount of the fees and	16720
to otherwise litigate entitlement to the fees. The court may	16721
reduce an award of attorney's fees to the relator or not award	16722
attorney's fees to the relator if the court determines both of the	16723
following:	16724

(i) That, based on the ordinary application of statutory law	16725
and case law as it existed at the time of the conduct or	16726
threatened conduct of the public office or person responsible for	16727
the requested public records that allegedly constitutes a failure	16728
to comply with an obligation in accordance with division (B) of	16729
this section and that was the basis of the mandamus action, a	16730
well-informed public office or person responsible for the	16731
requested public records reasonably would believe that the conduct	16732
or threatened conduct of the public office or person responsible	16733
for the requested public records did not constitute a failure to	16734
comply with an obligation in accordance with division (B) of this	16735
section;	16736

(ii) That a well-informed public office or person responsible	16737
for the requested public records reasonably would believe that the	16738
conduct or threatened conduct of the public office or person	16739
responsible for the requested public records as described in	16740
division (C)(2)(c)(i) of this section would serve the public	16741
policy that underlies the authority that is asserted as permitting	16742
that conduct or threatened conduct.	16743

(D) Chapter 1347. of the Revised Code does not limit the	16744
provisions of this section.	16745

(E)(1) To ensure that all employees of public offices are	16746
appropriately educated about a public office's obligations under	16747
division (B) of this section, all elected officials or their	16748
appropriate designees shall attend training approved by the	16749
attorney general as provided in section 109.43 of the Revised	16750
Code. In addition, all public offices shall adopt a public records	16751
policy in compliance with this section for responding to public	16752
records requests. In adopting a public records policy under this	16753
division, a public office may obtain guidance from the model	16754
public records policy developed and provided to the public office	16755
by the attorney general under section 109.43 of the Revised Code.	16756
Except as otherwise provided in this section, the policy may not	16757
limit the number of public records that the public office will	16758
make available to a single person, may not limit the number of	16759
public records that it will make available during a fixed period	16760
of time, and may not establish a fixed period of time before it	16761
will respond to a request for inspection or copying of public	16762
records, unless that period is less than eight hours.	16763

(2) The public office shall distribute the public records	16764
policy adopted by the public office under division (E)(1) of this	16765
section to the employee of the public office who is the records	16766
custodian or records manager or otherwise has custody of the	16767
records of that office. The public office shall require that	16768
employee to acknowledge receipt of the copy of the public records	16769
policy. The public office shall create a poster that describes its	16770
public records policy and shall post the poster in a conspicuous	16771
place in the public office and in all locations where the public	16772
office has branch offices. The public office may post its public	16773
records policy on the internet web site of the public office if	16774
the public office maintains an internet web site. A public office	16775
that has established a manual or handbook of its general policies	16776
and procedures for all employees of the public office shall	16777
include the public records policy of the public office in the	16778
manual or handbook.	16779

(F)(1) The bureau of motor vehicles may adopt rules pursuant	16780
to Chapter 119. of the Revised Code to reasonably limit the number	16781
of bulk commercial special extraction requests made by a person	16782
for the same records or for updated records during a calendar	16783
year. The rules may include provisions for charges to be made for	16784
bulk commercial special extraction requests for the actual cost of	16785
the bureau, plus special extraction costs, plus ten per cent. The	16786
bureau may charge for expenses for redacting information, the	16787
release of which is prohibited by law.	16788

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

16789

(a) "Actual cost" means the cost of depleted supplies,	16790
records storage media costs, actual mailing and alternative	16791
delivery costs, or other transmitting costs, and any direct	16792
equipment operating and maintenance costs, including actual costs	16793
paid to private contractors for copying services.	16794

(b) "Bulk commercial special extraction request" means a	16795
request for copies of a record for information in a format other	16796
than the format already available, or information that cannot be	16797
extracted without examination of all items in a records series,	16798
class of records, or ~~data base~~database by a person who intends to	16799
use or forward the copies for surveys, marketing, solicitation, or	16800
resale for commercial purposes. "Bulk commercial special	16801
extraction request" does not include a request by a person who	16802
gives assurance to the bureau that the person making the request	16803
does not intend to use or forward the requested copies for	16804
surveys, marketing, solicitation, or resale for commercial	16805
purposes.	16806

(c) "Commercial" means profit-seeking production, buying, or	16807
selling of any good, service, or other product.	16808

(d) "Special extraction costs" means the cost of the time	16809
spent by the lowest paid employee competent to perform the task,	16810
the actual amount paid to outside private contractors employed by	16811
the bureau, or the actual cost incurred to create computer	16812
programs to make the special extraction. "Special extraction	16813
costs" include any charges paid to a public agency for computer or	16814
records services.	16815

(3) For purposes of divisions (F)(1) and (2) of this section,	16816
"surveys, marketing, solicitation, or resale for commercial	16817
purposes" shall be narrowly construed and does not include	16818
reporting or gathering news, reporting or gathering information to	16819
assist citizen oversight or understanding of the operation or	16820
activities of government, or nonprofit educational research.	16821

Sec. 149.431. (A) Except as provided in sections 9.833 and	16822
~~2744.08~~2744.081 of the Revised Code, any governmental entity or	16823
agency and any nonprofit corporation or association, except a	16824
corporation organized pursuant to Chapter 1719. of the Revised	16825
Code prior to January 1, 1980 or organized pursuant to Chapter	16826
3941. of the Revised Code, that enters into a contract or other	16827
agreement with the federal government, a unit of state government,	16828
or a political subdivision or taxing unit of this state for the	16829
provision of services shall keep accurate and complete financial	16830
records of any moneys expended in relation to the performance of	16831
the services pursuant to such contract or agreement according to	16832
generally accepted accounting principles. Such contract or	16833
agreement and such financial records shall be deemed to be public	16834
records as defined in division (A)(1) of section 149.43 of the	16835
Revised Code and are subject to the requirements of division (B)	16836
of that section, except that:	16837

(1) Any information directly or indirectly identifying a	16838
present or former individual patient or client or such an	16839
individual patient's or client's diagnosis, prognosis, or medical	16840
treatment, treatment for a mental or emotional disorder, treatment	16841
for mental retardation or a developmental disability, treatment	16842
for drug abuse or alcoholism, or counseling for personal or social	16843
problems is not a public record;	16844

(2) If disclosure of the contract or agreement or financial	16845
records is requested at a time when confidential professional	16846
services are being provided to a patient or client whose	16847
confidentiality might be violated if disclosure were made at that	16848
time, disclosure may be deferred if reasonable times are	16849
established when the contract or agreement or financial records	16850
will be disclosed.	16851

(3) Any nonprofit corporation or association that receives	16852
both public and private funds in fulfillment of any such contract	16853
or other agreement is not required to keep as public records the	16854
financial records of any private funds expended in relation to the	16855
performance of services pursuant to the contract or agreement.	16856

(B) Any nonprofit corporation or association that receives	16857
more than fifty per cent of its gross receipts excluding moneys	16858
received pursuant to Title XVIII of the "Social Security Act," 49	16859
Stat. 620 (1935), 42 U.S.C. 301, as amended, in a calendar year in	16860
fulfillment of a contract or other agreement for services with a	16861
governmental entity shall maintain information setting forth the	16862
compensation of any individual serving the nonprofit corporation	16863
or association in an executive or administrative capacity. Such	16864
information shall be deemed to be public records as defined in	16865
division (A)(1) of section 149.43 of the Revised Code and is	16866
subject to the requirements of division (B) of that section.	16867

Nothing in this section shall be construed to otherwise limit	16868
the provisions of section 149.43 of the Revised Code.	16869

Sec. 149.54. In order to ensure that archaeological survey	16870
and salvage work on public lands, dedicated archaeological	16871
preserves, and registered state archaeological landmarks is	16872
conducted in a scientific manner, the director of the Ohio	16873
historical society shall, in consultation with the Ohio	16874
archaeological council and the archaeological society of Ohio,	16875
adopt and may amend or rescind rules, in accordance with Chapter	16876
119. of the Revised Code, prescribing minimum education, training,	16877
and experience requirements for personnel in charge of or	16878
otherwise engaging in archaeological survey and salvage work, and	16879
prescribing scientific methods for undertaking such activities.	16880

No person shall engage in archaeological survey or salvage	16881
work on any land that is owned, controlled, or administered by the	16882
state or any political subdivision of the state, or at any	16883
archaeological preserve, dedicated under section 149.52 of the	16884
Revised Code, ~~or at any state archaeological landmark registered~~	16885
~~under section 149.51 of the Revised Code,~~ without first obtaining	16886
the written permission of the director. To obtain permission, the	16887
applicant shall submit written application to the director, which	16888
application shall indicate the proposed location, the	16889
qualifications of personnel who will be engaged in the	16890
archaeological survey or salvage work, the proposed methods of	16891
survey or salvage, and such other information as the director	16892
requires by rule.	16893

The director shall deny the applicant permission to engage in	16894
archaeological survey or salvage work at the proposed location if	16895
the applicant's proposed undertaking will not comply with the	16896
rules adopted under this section. The director shall by written	16897
order approve or deny permission to disturb the site. If the	16898
director decides to deny permission, the order shall state the	16899
reasons for denial, and the director shall afford the applicant an	16900
adjudication hearing under Chapter 119. of the Revised Code. The	16901
requirements of this section and of any rule adopted pursuant to	16902
this section shall not apply to any department, agency, unit,	16903
instrumentality, or political subdivision of the state.	16904

Whoever violates this section is guilty of a misdemeanor of	16905
the second degree. Whoever violates or threatens to violate this	16906
section may be enjoined from violation.	16907

Sec. 151.11. (A) As used in this section:

16908

(1) "Costs of sites and facilities" includes related direct	16909
administrative expenses and allocable portions of the direct costs	16910
of those projects. "Costs of sites and facilities" includes	16911
"allowable costs" as defined in section 122.085 of the Revised	16912
Code.	16913

(2) "Obligations" means obligations as defined in section	16914
151.01 of the Revised Code issued to pay costs of sites and	16915
facilities in Ohio for and in support of industry, commerce,	16916
distribution, and research and development purposes as referred to	16917
in division (A)(3) of Section 2p of Article VIII, Ohio	16918
Constitution.	16919

(B) The issuing authority shall issue general obligations of	16920
the state to pay costs of sites and facilities pursuant to	16921
division (B)(3) of Section 2p of Article VIII, Ohio Constitution,	16922
section 151.01 of the Revised Code, and this section. The issuing	16923
authority shall issue obligations in the amount determined by the	16924
issuing authority to be required for those purposes. The total	16925
principal amount of obligations issued under this section shall	16926
not exceed one hundred fifty million dollars.	16927

(C) Net proceeds of obligations shall be deposited into the	16928
job ready site development fund created by section 122.0820 of the	16929
Revised Code.	16930

(D) There is hereby created in the state treasury the job	16931
ready site development bond service fund. All moneys received by	16932
the state and required by the bond proceedings, consistent with	16933
section 151.01 of the Revised Code and this section, to be	16934
deposited, transferred, or credited to the bond service fund, and	16935
all other moneys transferred or allocated to or received for the	16936
purposes of that fund, shall be deposited and credited to the bond	16937
service fund, subject to any applicable provisions of the bond	16938
proceedings, but without necessity for any act of appropriation.	16939
During the period beginning with the date of the first issuance of	16940
obligations and continuing during the time that any obligations	16941
are outstanding in accordance with their terms, so long as moneys	16942
in the bond service fund are insufficient to pay debt service when	16943
due on those obligations payable from that fund, except the	16944
principal amounts of bond anticipation notes payable from the	16945
proceeds of renewal notes or bonds anticipated, and due in the	16946
particular fiscal year, a sufficient amount of revenues of the	16947
state is committed and, without necessity for further act of	16948
appropriation, shall be paid to the bond service fund for the	16949
purpose of paying that debt service when due. All investment	16950
earnings on the cash balance in the fund shall be credited to the	16951
fund.	16952

Sec. 152.09. (A) As used in sections 152.06 and 152.09 to	16953
152.33 of the Revised Code:	16954

(1) "Obligations" means bonds, notes, or other evidences of	16955
obligation, including interest coupons pertaining thereto, issued	16956
pursuant to sections 152.09 to 152.33 of the Revised Code.	16957

(2) "State agencies" means the state of Ohio and branches,	16958
officers, boards, commissions, authorities, departments,	16959
divisions, courts, general assembly, or other units or agencies of	16960
the state. "State agency" also includes counties, municipal	16961
corporations, and governmental entities of this state that enter	16962
into leases with the Ohio building authority pursuant to section	16963
152.31 of the Revised Code or that are designated by law as state	16964
agencies for the purpose of performing a state function that is to	16965
be housed by a capital facility for which the Ohio building	16966
authority is authorized to issue revenue obligations pursuant to	16967
sections 152.09 to 152.33 of the Revised Code.	16968

(3) "Bond service charges" means principal, including	16969
mandatory sinking fund requirements for retirement of obligations,	16970
and interest, and redemption premium, if any, required to be paid	16971
by the Ohio building authority on obligations.	16972

(4) "Capital facilities" means buildings, structures, and	16973
other improvements, and equipment, real estate, and interests in	16974
real estate therefor, within the state, and any one, part of, or	16975
combination of the foregoing, for housing of branches and agencies	16976
of state government, including capital facilities for the purpose	16977
of housing personnel, equipment, or functions, or any combination	16978
thereof that the state agencies are responsible for housing, for	16979
which the Ohio building authority is authorized to issue	16980
obligations pursuant to Chapter 152. of the Revised Code, and	16981
includes storage and parking facilities related to such capital	16982
facilities. For purposes of sections 152.10 to 152.15 of the	16983
Revised Code, "capital facilities" includes community or technical	16984
college capital facilities.	16985

(5) "Cost of capital facilities" means the costs of	16986
assessing, planning, acquiring, constructing, reconstructing,	16987
rehabilitating, remodeling, renovating, enlarging, improving,	16988
altering, maintaining, equipping, furnishing, repairing, painting,	16989
decorating, managing, or operating capital facilities, and the	16990
financing thereof, including the cost of clearance and preparation	16991
of the site and of any land to be used in connection with capital	16992
facilities, the cost of participating in capital facilities	16993
pursuant to section 152.33 of the Revised Code, the cost of any	16994
indemnity and surety bonds and premiums on insurance, all related	16995
direct administrative expenses and allocable portions of direct	16996
costs of the authority and lessee state agencies, cost of	16997
engineering and architectural services, designs, plans,	16998
specifications, surveys, and estimates of cost, legal fees, fees	16999
and expenses of trustees, depositories, and paying agents for the	17000
obligations, cost of issuance of the obligations and financing	17001
charges and fees and expenses of financial advisers and	17002
consultants in connection therewith, interest on obligations from	17003
the date thereof to the time when interest is to be covered from	17004
sources other than proceeds of obligations, amounts that represent	17005
the portion of investment earnings to be rebated or to be paid to	17006
the federal government in order to maintain the exclusion from	17007
gross income for federal income tax purposes of interest on those	17008
obligations pursuant to section 148(f) of the Internal Revenue	17009
Code, amounts necessary to establish reserves as required by the	17010
resolutions or the obligations, trust agreements, or indentures,	17011
costs of audits, the reimbursement of all moneys advanced or	17012
applied by or borrowed from any governmental entity, whether to or	17013
by the authority or others, from whatever source provided, for the	17014
payment of any item or items of cost of the capital facilities,	17015
any share of the cost undertaken by the authority pursuant to	17016
arrangements made with governmental entities under division (J) of	17017
section 152.21 of the Revised Code, and all other expenses	17018
necessary or incident to assessing, planning, or determining the	17019
feasibility or practicability with respect to capital facilities,	17020
and such other expenses as may be necessary or incident to the	17021
assessment, planning, acquisition, construction, reconstruction,	17022
rehabilitation, remodeling, renovation, enlargement, improvement,	17023
alteration, maintenance, equipment, furnishing, repair, painting,	17024
decoration, management, or operation of capital facilities, the	17025
financing thereof and the placing of the same in use and	17026
operation, including any one, part of, or combination of such	17027
classes of costs and expenses.	17028

(6) "Governmental entity" means any state agency, municipal	17029
corporation, county, township, school district, and any other	17030
political subdivision or special district in this state	17031
established pursuant to law, and, except where otherwise	17032
indicated, also means the United States or any of the states or	17033
any department, division, or agency thereof, and any agency,	17034
commission, or authority established pursuant to an interstate	17035
compact or agreement.	17036

(7) "Governing body" means:

17037

(a) In the case of a county, the board of county	17038
commissioners or other legislative authority; in the case of a	17039
municipal corporation, the legislative authority; in the case of a	17040
township, the board of township trustees; in the case of a school	17041
district, the board of education;	17042

(b) In the case of any other governmental entity, the	17043
officer, board, commission, authority, or other body having the	17044
general management of the entity or having jurisdiction or	17045
authority in the particular circumstances.	17046

(8) "Available receipts" means fees, charges, revenues,	17047
grants, subsidies, income from the investment of moneys, proceeds	17048
from the sale of goods or services, and all other revenues or	17049
receipts received by or on behalf of any state agency for which	17050
capital facilities are financed with obligations issued under	17051
Chapter 152. of the Revised Code, any state agency participating	17052
in capital facilities pursuant to section 152.33 of the Revised	17053
Code, or any state agency by which the capital facilities are	17054
constructed or financed; revenues or receipts derived by the	17055
authority from the operation, leasing, or other disposition of	17056
capital facilities, and the proceeds of obligations issued under	17057
Chapter 152. of the Revised Code; and also any moneys appropriated	17058
by a governmental entity, gifts, grants, donations, and pledges,	17059
and receipts therefrom, available for the payment of bond service	17060
charges on such obligations.	17061

(9) "Available community or technical college receipts" means	17062
all money received by a community or technical college or	17063
community or technical college district, including income,	17064
revenues, and receipts from the operation, ownership, or control	17065
of facilities, grants, gifts, donations, and pledges and receipts	17066
therefrom, receipts from fees and charges, the allocated state	17067
share of instruction as defined in section ~~3333.90~~3333.59 of the	17068
Revised Code, and the proceeds of the sale of obligations,	17069
including proceeds of obligations issued to refund obligations	17070
previously issued, but excluding any special fee, and receipts	17071
therefrom, charged pursuant to division (D) of section 154.21 of	17072
the Revised Code.	17073

(10) "Community or technical college," "college," "community	17074
or technical college district," and "district" have the same	17075
meanings as in section ~~3333.90~~3333.59 of the Revised Code.	17076

(11) "Community or technical college capital facilities"	17077
means auxiliary facilities, education facilities, and housing and	17078
dining facilities, as those terms are defined in section 3345.12	17079
of the Revised Code, to the extent permitted to be financed by the	17080
issuance of obligations under division (A)(2) of section 3357.112	17081
of the Revised Code, that are authorized by sections 3354.121,	17082
3357.112, and 3358.10 of the Revised Code to be financed by	17083
obligations issued by a community or technical college district,	17084
and for which the Ohio building authority is authorized to issue	17085
obligations pursuant to Chapter 152. of the Revised Code, and	17086
includes any one, part of, or any combination of the foregoing,	17087
and further includes site improvements, utilities, machinery,	17088
furnishings, and any separate or connected buildings, structures,	17089
improvements, sites, open space and green space areas, utilities,	17090
or equipment to be used in, or in connection with the operation or	17091
maintenance of, or supplementing or otherwise related to the	17092
services or facilities to be provided by, such facilities.	17093

(12) "Cost of community or technical college capital	17094
facilities" means the costs of acquiring, constructing,	17095
reconstructing, rehabilitating, remodeling, renovating, enlarging,	17096
improving, equipping, or furnishing community or technical college	17097
capital facilities, and the financing thereof, including the cost	17098
of clearance and preparation of the site and of any land to be	17099
used in connection with community or technical college capital	17100
facilities, the cost of any indemnity and surety bonds and	17101
premiums on insurance, all related direct administrative expenses	17102
and allocable portions of direct costs of the authority, community	17103
or technical college or community or technical college district,	17104
cost of engineering, architectural services, design, plans,	17105
specifications and surveys, estimates of cost, legal fees, fees	17106
and expenses of trustees, depositories, bond registrars, and	17107
paying agents for the obligations, cost of issuance of the	17108
obligations and financing costs and fees and expenses of financial	17109
advisers and consultants in connection therewith, interest on the	17110
obligations from the date thereof to the time when interest is to	17111
be covered by available receipts or other sources other than	17112
proceeds of the obligations, amounts that represent the portion of	17113
investment earnings to be rebated or to be paid to the federal	17114
government in order to maintain the exclusion from gross income	17115
for federal income tax purposes of interest on those obligations	17116
pursuant to section 148(f) of the Internal Revenue Code, amounts	17117
necessary to establish reserves as required by the bond	17118
proceedings, costs of audits, the reimbursements of all moneys	17119
advanced or applied by or borrowed from the community or technical	17120
college, community or technical college district, or others, from	17121
whatever source provided, including any temporary advances from	17122
state appropriations, for the payment of any item or items of cost	17123
of community or technical college facilities, and all other	17124
expenses necessary or incident to planning or determining	17125
feasibility or practicability with respect to such facilities, and	17126
such other expenses as may be necessary or incident to the	17127
acquisition, construction, reconstruction, rehabilitation,	17128
remodeling, renovation, enlargement, improvement, equipment, and	17129
furnishing of community or technical college capital facilities,	17130
the financing thereof and the placing of them in use and	17131
operation, including any one, part of, or combination of such	17132
classes of costs and expenses.	17133

(B) Pursuant to the powers granted to the general assembly	17134
under Section 2i of Article VIII, Ohio Constitution, to authorize	17135
the issuance of revenue obligations and other obligations, the	17136
owners or holders of which are not given the right to have excises	17137
or taxes levied by the general assembly for the payment of	17138
principal thereof or interest thereon, the Ohio building authority	17139
may issue obligations, in accordance with Chapter 152. of the	17140
Revised Code, and shall cause the net proceeds thereof, after any	17141
deposits of accrued interest for the payment of bond service	17142
charges and after any deposit of all or such lesser portion as the	17143
authority may direct of the premium received upon the sale of	17144
those obligations for the payment of the bond service charges, to	17145
be applied to the costs of capital facilities designated by or	17146
pursuant to act of the general assembly for housing state agencies	17147
as authorized by Chapter 152. of the Revised Code. The authority	17148
shall provide by resolution for the issuance of such obligations.	17149
The bond service charges and all other payments required to be	17150
made by the trust agreement or indenture securing such obligations	17151
shall be payable solely from available receipts of the authority	17152
pledged thereto as provided in such resolution. The available	17153
receipts pledged and thereafter received by the authority are	17154
immediately subject to the lien of such pledge without any	17155
physical delivery thereof or further act, and the lien of any such	17156
pledge is valid and binding against all parties having claims of	17157
any kind against the authority, irrespective of whether those	17158
parties have notice thereof, and creates a perfected security	17159
interest for all purposes of Chapter 1309. of the Revised Code and	17160
a perfected lien for purposes of any real property interest, all	17161
without the necessity for separation or delivery of funds or for	17162
the filing or recording of the resolution, trust agreement,	17163
indenture, or other agreement by which such pledge is created or	17164
any certificate, statement, or other document with respect	17165
thereto; and the pledge of such available receipts is effective	17166
and the money therefrom and thereof may be applied to the purposes	17167
for which pledged. Every pledge, and every covenant and agreement	17168
made with respect to the pledge, made in the resolution may	17169
therein be extended to the benefit of the owners and holders of	17170
obligations authorized by Chapter 152. of the Revised Code, the	17171
net proceeds of which are to be applied to the costs of capital	17172
facilities, and to any trustee therefor, for the further securing	17173
of the payment of the bond service charges, and all or any rights	17174
under any agreement or lease made under this section may be	17175
assigned for such purpose. Obligations may be issued at one time	17176
or from time to time, and each issue shall be dated, shall mature	17177
at such time or times as determined by the authority not exceeding	17178
forty years from the date of issue, and may be redeemable before	17179
maturity at the option of the authority at such price or prices	17180
and under such terms and conditions as are fixed by the authority	17181
prior to the issuance of the obligations. The authority shall	17182
determine the form of the obligations, fix their denominations,	17183
establish their interest rate or rates, which may be a variable	17184
rate or rates, or the maximum interest rate, and establish within	17185
or without this state a place or places of payment of bond service	17186
charges.	17187

(C) The obligations shall be signed by the authority	17188
chairperson, vice-chairperson, and secretary-treasurer, and the	17189
authority seal shall be affixed. The signatures may be facsimile	17190
signatures and the seal affixed may be a facsimile seal, as	17191
provided by resolution of the authority. Any coupons attached may	17192
bear the facsimile signature of the chairperson. In case any	17193
officer who has signed any obligations, or caused the officer's	17194
facsimile signature to be affixed thereto, ceases to be such	17195
officer before such obligations have been delivered, such	17196
obligations may, nevertheless, be issued and delivered as though	17197
the person who had signed the obligations or caused the person's	17198
facsimile signature to be affixed thereto had not ceased to be	17199
such officer.	17200

Any obligations may be executed on behalf of the authority by	17201
an officer who, on the date of execution, is the proper officer	17202
although on the date of such obligations such person was not the	17203
proper officer.	17204

(D) All obligations issued by the authority shall have all	17205
the qualities and incidents of negotiable instruments and may be	17206
issued in coupon or in registered form, or both, as the authority	17207
determines. Provision may be made for the registration of any	17208
obligations with coupons attached thereto as to principal alone or	17209
as to both principal and interest, their exchange for obligations	17210
so registered, and for the conversion or reconversion into	17211
obligations with coupons attached thereto of any obligations	17212
registered as to both principal and interest, and for reasonable	17213
charges for such registration, exchange, conversion, and	17214
reconversion. The authority may sell its obligations in any manner	17215
and for such prices as it determines, except that the authority	17216
shall sell obligations sold at public or private sale in	17217
accordance with section 152.091 of the Revised Code.	17218

(E) The obligations of the authority, principal, interest,	17219
and any proceeds from their sale or transfer, are exempt from all	17220
taxation within this state.	17221

(F) The authority is authorized to issue revenue obligations	17222
and other obligations under Section 2i of Article VIII, Ohio	17223
Constitution, for the purpose of paying the cost of capital	17224
facilities for housing of branches and agencies of state	17225
government, including capital facilities for the purpose of	17226
housing personnel, equipment, or functions, or any combination	17227
thereof that the state agencies are responsible for housing, as	17228
are authorized by Chapter 152. of the Revised Code, and that are	17229
authorized by the general assembly by the appropriation of lease	17230
payments or other moneys for such capital facilities or by any	17231
other act of the general assembly, but not including the	17232
appropriation of moneys for feasibility studies for such capital	17233
facilities. This division does not authorize the authority to	17234
issue obligations pursuant to Section 2i of Article VIII, Ohio	17235
Constitution, to pay the cost of capital facilities for mental	17236
hygiene and retardation, parks and recreation, or state-supported	17237
or state-assisted institutions of higher education.	17238

(G) The authority is authorized to issue revenue obligations	17239
under Section 2i of Article VIII, Ohio Constitution, on behalf of	17240
a community or technical college district and shall cause the net	17241
proceeds thereof, after any deposits of accrued interest for the	17242
payment of bond service charges and after any deposit of all or	17243
such lesser portion as the authority may direct of the premium	17244
received upon the sale of those obligations for the payment of the	17245
bond service charges, to be applied to the cost of community or	17246
technical college capital facilities, provided that the issuance	17247
of such obligations is subject to the execution of a written	17248
agreement in accordance with division (C) of section ~~3333.90~~	17249
3333.59 of the Revised Code for the withholding and depositing of	17250
funds otherwise due the district, or the college it operates, in	17251
respect of its allocated state share of instruction.	17252

The authority shall provide by resolution for the issuance of	17253
such obligations. The bond service charges and all other payments	17254
required to be made by the trust agreement or indenture securing	17255
the obligations shall be payable solely from available community	17256
or technical college receipts pledged thereto as provided in the	17257
resolution. The available community or technical college receipts	17258
pledged and thereafter received by the authority are immediately	17259
subject to the lien of such pledge without any physical delivery	17260
thereof or further act, and the lien of any such pledge is valid	17261
and binding against all parties having claims of any kind against	17262
the authority, irrespective of whether those parties have notice	17263
thereof, and creates a perfected security interest for all	17264
purposes of Chapter 1309. of the Revised Code and a perfected lien	17265
for purposes of any real property interest, all without the	17266
necessity for separation or delivery of funds or for the filing or	17267
recording of the resolution, trust agreement, indenture, or other	17268
agreement by which such pledge is created or any certificate,	17269
statement, or other document with respect thereto; and the pledge	17270
of such available community or technical college receipts is	17271
effective and the money therefrom and thereof may be applied to	17272
the purposes for which pledged. Every pledge, and every covenant	17273
and agreement made with respect to the pledge, made in the	17274
resolution may therein be extended to the benefit of the owners	17275
and holders of obligations authorized by this division, and to any	17276
trustee therefor, for the further securing of the payment of the	17277
bond service charges, and all or any rights under any agreement or	17278
lease made under this section may be assigned for such purpose.	17279
Obligations may be issued at one time or from time to time, and	17280
each issue shall be dated, shall mature at such time or times as	17281
determined by the authority not exceeding forty years from the	17282
date of issue, and may be redeemable before maturity at the option	17283
of the authority at such price or prices and under such terms and	17284
conditions as are fixed by the authority prior to the issuance of	17285
the obligations. The authority shall determine the form of the	17286
obligations, fix their denominations, establish their interest	17287
rate or rates, which may be a variable rate or rates, or the	17288
maximum interest rate, and establish within or without this state	17289
a place or places of payment of bond service charges.	17290

Sec. 153.692. For every design-build contract, the public	17291
authority planning to contract for design-build services shall	17292
first obtain the services of a criteria architect or engineer by	17293
doing either of the following:	17294

(A) Contracting for the services consistent with sections	17295
153.65 to 153.70 of the Revised Code;	17296

(B) Obtaining the services through an architect or engineer	17297
who is an employee of the public authority and notifying the	17298
~~department of administrative services~~Ohio facilities construction	17299
commission before the services are performed.	17300

Sec. 154.01. As used in this chapter:

17301

(A) "Commission" means the Ohio public facilities commission	17302
created in section 151.02 of the Revised Code.	17303

(B) "Obligations" means bonds, notes, or other evidences of	17304
obligation, including interest coupons pertaining thereto, issued	17305
pursuant to Chapter 154. of the Revised Code.	17306

(C) "Bond proceedings" means the order or orders, resolution	17307
or resolutions, trust agreement, indenture, lease, and other	17308
agreements, amendments and supplements to the foregoing, or any	17309
combination thereof, authorizing or providing for the terms and	17310
conditions applicable to, or providing for the security of,	17311
obligations issued pursuant to Chapter 154. of the Revised Code,	17312
and the provisions contained in such obligations.	17313

(D) "State agencies" means the state of Ohio and officers,	17314
boards, commissions, departments, divisions, or other units or	17315
agencies of the state.	17316

(E) "Governmental agency" means state agencies, state	17317
supported and assisted institutions of higher education, municipal	17318
corporations, counties, townships, school districts, and any other	17319
political subdivision or special district in this state	17320
established pursuant to law, and, except where otherwise	17321
indicated, also means the United States or any department,	17322
division, or agency thereof, and any agency, commission, or	17323
authority established pursuant to an interstate compact or	17324
agreement.	17325

(F) "Institutions of higher education" and "state supported	17326
or state assisted institutions of higher education" means the	17327
state universities identified in section 3345.011 of the Revised	17328
Code, the northeast Ohio medical university, state universities or	17329
colleges at any time created, community college districts,	17330
university branch districts, and technical college districts at	17331
any time established or operating under Chapter 3354., 3355., or	17332
3357. of the Revised Code, and other institutions for education,	17333
including technical education, beyond the high school, receiving	17334
state support or assistance for their expenses of operation.	17335

(G) "Governing body" means:

17336

(1) In the case of institutions of higher education, the	17337
board of trustees, board of directors, commission, or other body	17338
vested by law with the general management, conduct, and control of	17339
one or more institutions of higher education;	17340

(2) In the case of a county, the board of county	17341
commissioners or other legislative body; in the case of a	17342
municipal corporation, the council or other legislative body; in	17343
the case of a township, the board of township trustees; in the	17344
case of a school district, the board of education;	17345

(3) In the case of any other governmental agency, the	17346
officer, board, commission, authority or other body having the	17347
general management thereof or having jurisdiction or authority in	17348
the particular circumstances.	17349

(H) "Person" means any person, firm, partnership,	17350
association, or corporation.	17351

(I) "Bond service charges" means principal, including	17352
mandatory sinking fund requirements for retirement of obligations,	17353
and interest, and redemption premium, if any, required to be paid	17354
by the state on obligations. If not prohibited by the applicable	17355
bond proceedings, bond service charges may include costs relating	17356
to credit enhancement facilities that are related to and	17357
represent, or are intended to provide a source of payment of or	17358
limitation on, other bond service charges.	17359

(J) "Capital facilities" means buildings, structures, and	17360
other improvements, and equipment, real estate, and interests in	17361
real estate therefor, within the state, and any one, part of, or	17362
combination of the foregoing, to serve the general purposes for	17363
which the issuing authority is authorized to issue obligations	17364
pursuant to Chapter 154. of the Revised Code, including, but not	17365
limited to, drives, roadways, parking facilities, walks, lighting,	17366
machinery, furnishings, utilities, landscaping, wharves, docks,	17367
piers, reservoirs, dams, tunnels, bridges, retaining walls,	17368
riprap, culverts, ditches, channels, watercourses, retention	17369
basins, standpipes and water storage facilities, waste treatment	17370
and disposal facilities, heating, air conditioning and	17371
communications facilities, inns, lodges, cabins, camping sites,	17372
golf courses, boat and bathing facilities, athletic and	17373
recreational facilities, and site improvements.	17374

(K) "Costs of capital facilities" means the costs of	17375
acquiring, constructing, reconstructing, rehabilitating,	17376
remodeling, renovating, enlarging, improving, equipping, or	17377
furnishing capital facilities, and the financing thereof,	17378
including the cost of clearance and preparation of the site and of	17379
any land to be used in connection with capital facilities, the	17380
cost of any indemnity and surety bonds and premiums on insurance,	17381
all related direct administrative expenses and allocable portions	17382
of direct costs of the commission or issuing authority and	17383
department of administrative services, or other designees of the	17384
commission under section 154.17 of the Revised Code, cost of	17385
engineering and architectural services, designs, plans,	17386
specifications, surveys, and estimates of cost, legal fees, fees	17387
and expenses of trustees, depositories, and paying agents for the	17388
obligations, cost of issuance of the obligations and financing	17389
charges and fees and expenses of financial advisers and	17390
consultants in connection therewith, interest on obligations,	17391
including but not limited to, interest from the date of their	17392
issuance to the time when interest is to be covered from sources	17393
other than proceeds of obligations, amounts necessary to establish	17394
reserves as required by the bond proceedings, costs of audits, the	17395
reimbursement of all moneys advanced or applied by or borrowed	17396
from any governmental agency, whether to or by the commission or	17397
others, from whatever source provided, for the payment of any item	17398
or items of cost of the capital facilities, any share of the cost	17399
undertaken by the commission pursuant to arrangements made with	17400
governmental agencies under division (H) of section 154.06 of the	17401
Revised Code, and all other expenses necessary or incident to	17402
planning or determining feasibility or practicability with respect	17403
to capital facilities, and such other expenses as may be necessary	17404
or incident to the acquisition, construction, reconstruction,	17405
rehabilitation, remodeling, renovation, enlargement, improvement,	17406
equipment, and furnishing of capital facilities, the financing	17407
thereof and the placing of the same in use and operation,	17408
including any one, part of, or combination of such classes of	17409
costs and expenses.	17410

(L) "Public service facilities" means inns, lodges, hotels,	17411
cabins, camping sites, scenic trails, picnic sites, restaurants,	17412
commissaries, golf courses, boating and bathing facilities and	17413
other similar facilities in state parks.	17414

(M) "State parks" means:

17415

(1) State reservoirs described and identified in section	17416
1541.06 of the Revised Code;	17417

(2) All lands or interests therein of the state identified as	17418
administered by the division of parks and recreation in the	17419
"inventory of state owned lands administered by the department of	17420
natural resources as of June 1, 1963," as recorded in the journal	17421
of the director, which inventory was prepared by the real estate	17422
section of the department and is supported by maps now on file in	17423
said real estate section;	17424

(3) All lands or interests in lands of the state designated	17425
after June 1, 1963, as state parks in the journal of the director	17426
with the approval of the recreation and resources council.	17427

State parks do not include any lands or interest in lands of	17428
the state administered jointly by two or more divisions of the	17429
department of natural resources. The designation of lands as state	17430
parks under divisions (M)(1) to (3) of this section is conclusive	17431
and such lands shall be under the control of and administered by	17432
the division of parks and recreation. No order or proceeding	17433
designating lands as state parks or park purchase areas is subject	17434
to any appeal or review by any officer, board, commission, or	17435
court.	17436

(N) "Bond service fund" means the applicable fund created for	17437
and pledged to the payment of bond service charges under section	17438
154.20, 154.21, 154.22, or 154.23 of the Revised Code, including	17439
all moneys and investments, and earnings from investments,	17440
credited and to be credited thereto.	17441

(O) "Improvement fund" means the applicable fund created for	17442
the payment of costs of capital facilities under section 123.201,	17443
154.20, 154.21, or 154.22~~, or 3383.09~~ of the Revised Code,	17444
including all moneys and investments, and earnings from	17445
investments, credited and to be credited thereto.	17446

(P) "Special funds" or "funds" means, except where the	17447
context does not permit, the bond service funds, the improvements	17448
funds, and any other funds for similar or different purposes	17449
created under bond proceedings, including all moneys and	17450
investments, and earnings from investments, credited and to be	17451
credited thereto.	17452

(Q) "Year" unless the context indicates a different meaning	17453
or intent, means a calendar year beginning on the first day of	17454
January and ending on the thirty-first day of December.	17455

(R) "Fiscal year" means the period of twelve months beginning	17456
on the first day of July and ending on the thirtieth day of June.	17457

(S) "Issuing authority" means the treasurer of state or the	17458
officer or employee who by law performs the functions of that	17459
office.	17460

(T) "Credit enhancement facilities" has the same meaning as	17461
in section 133.01 of the Revised Code.	17462

(U) "Ohio cultural facility" and "Ohio sports facility" have	17463
the same meanings as in section ~~3383.01~~123.28 of the Revised	17464
Code.	17465

Sec. 154.17. The departments of administrative services,	17466
~~mental health~~mental health and addiction services, developmental	17467
disabilities, rehabilitation and correction, and natural	17468
resources, the Ohio board of regents, institutions of higher	17469
education, and other state officers and state agencies shall	17470
cooperate with the commission in providing services and	17471
information requested by the commission for purposes of Chapter	17472
154. of the Revised Code, and the commission may make mutually	17473
satisfactory arrangements therefor and may thereunder designate	17474
any governmental agency for the management or performance of	17475
particular functions of the commission, other than the	17476
authorization and issuance of obligations provided for in Chapter	17477
154. of the Revised Code, pursuant to which designation, upon	17478
acceptance thereof by that governmental agency, that function may	17479
be carried out with the full force and effect as if performed by	17480
the commission. Any such designation shall be made only by formal	17481
action or written agreement of the commission. In the management	17482
of capital facilities or performance of other functions with	17483
respect thereto, a governmental agency may exercise all powers	17484
which it has under law with respect to other similar facilities	17485
under its jurisdiction.	17486

Contracts relating to capital facilities shall be made in	17487
accordance with the law pertaining to the governmental agency	17488
designated under authority of this section to perform such	17489
contracting function, and in any other case shall be made in	17490
accordance with Chapter 153. of the Revised Code, for which	17491
purpose the commission shall be considered the owner, provided	17492
that the commission may assign the function of owner to the	17493
department of administrative services or other governmental agency	17494
as it determines. The commission may acquire by assignment from	17495
any governmental agency contracts which are not completed and	17496
which involve acquiring, constructing, reconstructing,	17497
rehabilitating, remodeling, renovating, enlarging, improving,	17498
equipping, or furnishing capital facilities, provided that such	17499
governmental agency has complied with the procedures prescribed by	17500
laws for its letting of such contract.	17501

No contract shall be let or assignment thereof accepted under	17502
this section involving performance in accordance with plans and	17503
specifications until such plans and specifications have been	17504
submitted to and approved by the governmental agency to have	17505
responsibility for the management of the capital facilities	17506
provided for in such plans and specifications, which approval	17507
shall be considered to be given if no approval or disapproval is	17508
communicated in writing to the commission or its designee for such	17509
purpose within sixty days following such submission of plans and	17510
specifications. Approval by such governmental agency of changes in	17511
plans and specifications is not required if the director of	17512
administrative services or the designee of the commission for such	17513
purpose shall certify that such changes do not substantially	17514
change the location, character, or extent of such capital	17515
facilities.	17516

Sec. 154.20. (A) Subject to authorization by the general	17517
assembly under section 154.02 of the Revised Code, the issuing	17518
authority may issue obligations pursuant to this chapter to pay	17519
costs of capital facilities for mental hygiene and retardation,	17520
including housing for mental hygiene and retardation patients and	17521
persons with substance use disorders.	17522

(B) Any capital facilities for mental hygiene or retardation,	17523
including housing for mental hygiene and retardation patients and	17524
persons with substance use disorders, may be leased by the	17525
commission to the department of ~~mental health,~~mental health and	17526
addiction services or the department of developmental	17527
disabilities~~, or the department of alcohol and drug addiction~~	17528
~~services~~, and other agreements may be made by the commission and	17529
any one or more of these departments with respect to the use or	17530
purchase of such capital facilities or, subject to the approval of	17531
the director of the department, the commission may lease such	17532
capital facilities to, and make or provide for other agreements	17533
with respect to the use or purchase thereof with, any governmental	17534
agency having authority under law to operate such capital	17535
facilities, and the director of the department may sublease such	17536
capital facilities to, and make other agreements with respect to	17537
the use or purchase thereof with, any such governmental agency,	17538
which may include provisions for transmittal to the mental health	17539
bond service trust fund created under division (E) of this	17540
section, by such governmental agency or by a nonprofit corporation	17541
providing mental hygiene and retardation services for or under	17542
contract with or the supervision of that governmental agency, of	17543
receipts of that agency or nonprofit corporation from charges for	17544
the treatment or care of mental hygiene and retardation patients,	17545
all upon such terms and conditions as the parties may agree upon	17546
and pursuant to this chapter, notwithstanding any other provision	17547
of law affecting the leasing, acquisition, or disposition of	17548
capital facilities by the parties.	17549

(C) For purposes of this section, "available receipts" means	17550
all receipts of the state from charges for the treatment or care	17551
of mental hygiene and retardation patients, including support	17552
payments received under Chapter 5121. of the Revised Code and	17553
moneys required to be transmitted to the mental health bond	17554
service trust fund pursuant to subleases and other agreements	17555
between any of the departments and another governmental agency	17556
pursuant to division (B) of this section as the subleases and	17557
other agreements may be further implemented for internal planning,	17558
budgeting, and accounting purposes pursuant to rules adopted by	17559
the director of ~~mental health,~~mental health and addiction	17560
services or director of developmental disabilities~~, or director of~~	17561
~~alcohol and drug addiction services~~, any revenues or receipts	17562
derived by the commission from the operation, leasing, or other	17563
disposition of capital facilities financed under this section, the	17564
proceeds of obligations issued under this section and sections	17565
154.11 and 154.12 of the Revised Code, and also means any gifts,	17566
grants, donations, and pledges, and receipts therefrom, available	17567
for the payment of bond service charges on such obligations. The	17568
issuing authority may pledge all, or such portion as that	17569
authority determines, of the available receipts to the payment of	17570
bond service charges on obligations issued under this section and	17571
under sections 154.11 and 154.12 of the Revised Code and for the	17572
establishment and maintenance of any reserves, as provided in the	17573
bond proceedings, and make other provisions therein with respect	17574
to such available receipts as authorized by this chapter, which	17575
provisions shall be controlling notwithstanding any other	17576
provision of law pertaining thereto.	17577

(D) The issuing authority may covenant in the bond	17578
proceedings that the state and state agencies shall, so long as	17579
any obligations issued under this section are outstanding, cause	17580
to be charged and collected charges for the treatment or care of	17581
mental hygiene and retardation patients sufficient in amount to	17582
provide for the payment of bond service charges on such	17583
obligations and for the establishment and maintenance of any	17584
reserves, as provided in the bond proceedings, and such covenants	17585
shall be controlling notwithstanding any other provision of law	17586
pertaining to such charges.	17587

(E) There is hereby created the mental health bond service	17588
trust fund, which shall be in the custody of the treasurer of	17589
state but shall be separate and apart from and not a part of the	17590
state treasury. All moneys received by or on account of the	17591
commission or issuing authority or state agencies and required by	17592
the applicable bond proceedings to be deposited, transferred, or	17593
credited to the fund, and all other moneys transferred or	17594
allocated to or received for the purposes of the fund, shall be	17595
deposited with the treasurer of state and credited to such fund,	17596
subject to applicable provisions of the bond proceedings, but	17597
without necessity for any act of appropriation. The mental health	17598
bond service trust fund is a trust fund and is hereby pledged to	17599
the payment of bond service charges on the obligations issued	17600
pursuant to this section and sections 154.11 and 154.12 of the	17601
Revised Code to the extent provided in the applicable bond	17602
proceedings, and payment thereof from such fund shall be made or	17603
provided for by the treasurer of state in accordance with such	17604
bond proceedings without necessity for any act of appropriation.	17605

(F) There is hereby created in the state treasury the mental	17606
health facilities improvement fund. Subject to the bond	17607
proceedings therefor, all of the proceeds of the sale of	17608
obligations pursuant to this section shall be credited to the	17609
fund, except that any accrued interest shall be credited to the	17610
mental health bond service fund. The mental health facilities	17611
improvement fund may also be comprised of gifts, grants,	17612
appropriated moneys, and other sums and securities received to the	17613
credit of such fund. All investment earnings on the cash balance	17614
in the fund shall be credited to the fund. The fund shall be	17615
applied only to the following purposes:	17616

(1) Paying costs of capital facilities for mental hygiene and	17617
retardation, including housing for mental hygiene and retardation	17618
patients or for persons with substance use disorders, under the	17619
jurisdiction of the department of ~~mental health,~~mental health and	17620
addiction services or department of developmental disabilities~~, or~~	17621
~~department of alcohol and drug addiction services~~;	17622

(2) Participating in capital facilities for mental hygiene	17623
and retardation, including housing for mental hygiene and	17624
retardation patients or for persons with substance use disorders,	17625
with the federal government, municipal corporations, counties, or	17626
other governmental agencies, or a nonprofit corporation	17627
specifically chartered to provide a mental health, substance use,	17628
or mental retardation service when such service fulfills a public	17629
purpose, which participation may be by grants or contributions to	17630
them for such capital facilities. Except as provided in division	17631
(G) of this section, the nonprofit corporation may act in concert	17632
with a limited partnership or a limited liability company eligible	17633
to participate in the nonprofit set-aside described in section	17634
42(h)(5) of the "Internal Revenue Code of 1986," 100 Stat. 2198,	17635
26 U.S.C. 42, and the Ohio housing finance agency's housing tax	17636
credit program for the purpose of making use of low-income housing	17637
tax credits in support of housing for mental hygiene and	17638
retardation patients.	17639

(G) A nonprofit corporation providing a mental retardation	17640
service must obtain written approval from the director of	17641
developmental disabilities before acting in concert with a limited	17642
partnership or limited liability company as described in division	17643
(F)(2) of this section. However, the director may issue one	17644
blanket approval for all such nonprofit corporations.	17645

(H) This section is to be applied with other applicable	17646
provisions of this chapter.	17647

Sec. 154.22. (A) Subject to authorization by the general	17648
assembly under section 154.02 of the Revised Code, the issuing	17649
authority may authorize and issue obligations pursuant to this	17650
chapter to pay costs of capital facilities for parks and	17651
recreation.	17652

(B) Any capital facilities for parks and recreation may be	17653
leased by the commission to the department of natural resources	17654
and other agreements may be made by the commission and such	17655
department with respect to the use or purchase of such capital	17656
facilities or, subject to the approval of the director of such	17657
department, the commission may lease such capital facilities to,	17658
and make other agreements with respect to their use or purchase	17659
with, any governmental agency having authority under law to	17660
operate such capital facilities, and the director of such	17661
department may sublease such capital facilities to, and make other	17662
agreements with respect to the use or purchase thereof with, any	17663
such governmental agency, or such director may sublease or	17664
contract for the operation of such capital facilities in	17665
accordance with the applicable provisions of sections 1501.09,	17666
1501.091, and 1501.10 of the Revised Code, all upon such terms and	17667
conditions as the parties may agree upon and pursuant to this	17668
chapter, notwithstanding any other provisions of law affecting the	17669
leasing, acquisition, or disposition of capital facilities by such	17670
parties.	17671

(C) For purposes of this section, "available receipts" means	17672
all receipts, including fees, charges, and rentals, derived or to	17673
be derived from state parks and public service facilities in any	17674
state park or parks, any other receipts of state agencies with	17675
respect to parks and recreational facilities, any revenues or	17676
receipts derived by the commission from the operation, leasing, or	17677
other disposition of capital facilities financed under this	17678
section, the proceeds of obligations issued under this section and	17679
sections 154.11 and 154.12 of the Revised Code, and also means any	17680
gifts, grants, donations, and pledges, and receipts thereon,	17681
available for the payment of bond service charges on obligations	17682
issued under this section. The issuing authority may pledge all,	17683
or such portion as it determines, of the available receipts to the	17684
payment of bond service charges on obligations issued under this	17685
section and sections 154.11 and 154.12 of the Revised Code and for	17686
the establishment and maintenance of any reserves, as provided in	17687
the bond proceedings, and make other provisions therein with	17688
respect to such available receipts as authorized by this chapter,	17689
which provisions shall be controlling notwithstanding any other	17690
provision of law pertaining thereto.	17691

(D) The issuing authority may covenant in the bond proceeding	17692
that the state and state agencies shall, so long as any	17693
obligations issued under this section are outstanding, cause to be	17694
charged and collected fees, charges, and rentals for the use of	17695
state parks and public service facilities and other fees and	17696
charges with respect to parks and recreation sufficient in amount	17697
to provide for the payment of bond service charges on such	17698
obligations and for the establishment and maintenance of any	17699
reserves as provided in the bond proceedings, and such covenants	17700
shall be controlling notwithstanding any other provision of law	17701
pertaining to such charges except any provision of law prohibiting	17702
or limiting charges for the use of swimming facilities of state	17703
parks and public service facilities by persons under sixteen years	17704
of age.	17705

(E) There is hereby created the parks and recreation bond	17706
service trust fund, which shall be in the custody of the treasurer	17707
of state but shall be separate and apart from and not a part of	17708
the state treasury. All moneys received by or on account of the	17709
commission or issuing authority or state agencies and required by	17710
the applicable bond proceedings to be deposited, transferred, or	17711
allocated to or received for the purposes of the trust fund shall	17712
be deposited with the treasurer of state and credited to such	17713
fund, subject to applicable provisions of the bond proceedings but	17714
without necessity for any act of appropriation. The trust fund is	17715
hereby pledged to the payment of bond service charges on the	17716
obligations issued pursuant to this section and sections 154.11	17717
and 154.12 of the Revised Code to the extent provided in the	17718
applicable bond proceedings, and payment thereof from such fund	17719
shall be made or provided for by the treasurer of state in	17720
accordance with such bond proceedings without necessity for any	17721
act of appropriation.	17722

(F) There is hereby created in the state treasury the parks	17723
and recreation improvement fund. Subject to the bond proceedings	17724
therefor, all of the proceeds of the sale of obligations issued	17725
pursuant to this section shall be credited to such fund, except	17726
that any accrued interest received shall be credited to the parks	17727
and recreation bond service trust fund. The parks and recreation	17728
improvement fund may also be comprised of gifts, grants,	17729
appropriated moneys, and other sums and securities received to the	17730
credit of such fund. Such fund shall be applied only to the	17731
purpose of paying costs of capital facilities for parks and	17732
recreation under the jurisdiction of the department of natural	17733
resources or for participation in capital facilities for parks and	17734
recreation with the federal government, municipal corporations,	17735
counties, or other governmental agencies, or any one or more of	17736
them, which participation may be by grants or contributions to	17737
them for such capital facilities. All investment earnings on the	17738
cash balance in the fund shall be credited to the fund.	17739

(G) All state parks shall be exclusively under the control	17740
and administration of the division of parks and recreation. With	17741
the approval of the recreation and resources council, the director	17742
of natural resources may by order remove from the classification	17743
as state parks any of the lands or interests therein referred to	17744
in divisions (M)(2) and (3) of section 154.01 of the Revised Code,	17745
subject to the limitations, provisions, and conditions in any	17746
order authorizing state park revenue bonds, in any trust agreement	17747
securing such bonds, or in bond proceedings with respect to	17748
obligations issued pursuant to this section. Lands or interests	17749
therein so removed shall be transferred to other divisions of the	17750
department for administration or may be sold as provided by law.	17751
Proceeds of any sale shall be used or transferred as provided in	17752
the order authorizing state park revenue bonds or in such trust	17753
agreement, or in bond proceedings with respect to obligations	17754
issued pursuant to this section, and if no such provision is made	17755
shall be transferred to the state park fund created by section	17756
1541.22 of the Revised Code.	17757

(H) This section shall be applied with other applicable	17758
provisions of this chapter.	17759

(I) Any instrument by which real property is acquired	17760
pursuant to this section shall identify the agency of the state	17761
that has the use and benefit of the real property as specified in	17762
section 5301.012 of the Revised Code.	17763

Sec. 154.23. (A) Subject to authorization by the general	17764
assembly under section 154.02 of the Revised Code, the issuing	17765
authority may issue obligations pursuant to this chapter to pay	17766
costs of capital facilities for Ohio cultural facilities and Ohio	17767
sports facilities.	17768

(B) The Ohio public facilities commission may lease any	17769
capital facilities for Ohio cultural facilities or Ohio sports	17770
facilities to, and make or provide for other agreements with	17771
respect to the use or purchase of such capital facilities with,	17772
the Ohio ~~cultural~~ facilities construction commission and, with the	17773
Ohio ~~cultural~~ facilities construction commission's approval, any	17774
governmental agency having authority under law to operate such	17775
capital facilities. ~~Any lease or agreement shall be subject to~~	17776
~~Chapter 3383. of the Revised Code.~~	17777

(C) For purposes of this section, "available receipts" means	17778
any revenues or receipts derived by the Ohio public facilities	17779
commission from the operation, leasing, or other disposition of	17780
capital facilities financed under this section, the proceeds of	17781
obligations issued under this section and section 154.11 or 154.12	17782
of the Revised Code, and also means any gifts, grants, donations,	17783
and pledges, and receipts thereon, available for the payment of	17784
bond service charges on obligations issued under this section. The	17785
issuing authority may pledge all, or such portion as it	17786
determines, of the available receipts to the payment of bond	17787
service charges on obligations issued under this section and	17788
section 154.11 or 154.12 of the Revised Code and for the	17789
establishment and maintenance of any reserves, as provided in the	17790
bond proceedings, and make other provisions therein with respect	17791
to such available receipts as authorized by this chapter, which	17792
provisions shall be controlling notwithstanding any other	17793
provision of law pertaining thereto.	17794

(D) There is hereby created one or more funds, as determined	17795
by the issuing authority in the bond proceedings, designated as	17796
the "Ohio cultural facilities ~~commission~~ bond service fund" with,	17797
if more than one such fund, such further identifying name as the	17798
issuing authority determines, which shall be in the custody of the	17799
treasurer of state but shall be separate and apart from and not a	17800
part of the state treasury. All money received by or on account of	17801
the issuing authority or the Ohio ~~cultural~~ facilities construction	17802
commission and required by the applicable bond proceedings to be	17803
deposited, transferred, or credited to the Ohio cultural	17804
facilities ~~commission~~ bond service fund, and all other money	17805
transferred or allocated to or received for the purposes of that	17806
fund shall be deposited with the treasurer of state and credited	17807
to the applicable fund, subject to applicable provisions of the	17808
bond proceedings, but without necessity of any act or	17809
appropriation. The Ohio cultural facilities ~~commission~~ bond	17810
service funds are trust funds and are hereby pledged to the	17811
payment of bond service charges on the applicable obligations	17812
issued pursuant to this section and section 154.11 or 154.12 of	17813
the Revised Code to the extent provided in the applicable bond	17814
proceedings, and payment thereof from such funds shall be made or	17815
provided for by the treasurer of state in accordance with the	17816
applicable bond proceedings without necessity for any act or	17817
appropriation.	17818

(E) This section is to be applied with other applicable	17819
provisions of this chapter.	17820

Sec. 154.25. (A) As used in this section:

17821

(1) "Available community or technical college receipts" means	17822
all money received by a community or technical college or	17823
community or technical college district, including income,	17824
revenues, and receipts from the operation, ownership, or control	17825
of facilities, grants, gifts, donations, and pledges and receipts	17826
therefrom, receipts from fees and charges, the allocated state	17827
share of instruction as defined in section ~~3333.90~~3333.59 of the	17828
Revised Code, and the proceeds of the sale of obligations,	17829
including proceeds of obligations issued to refund obligations	17830
previously issued, but excluding any special fee, and receipts	17831
therefrom, charged pursuant to division (D) of section 154.21 of	17832
the Revised Code.	17833

(2) "Community or technical college," "college," "community	17834
or technical college district," and "district" have the same	17835
meanings as in section ~~3333.90~~3333.59 of the Revised Code.	17836

(3) "Community or technical college capital facilities" means	17837
auxiliary facilities, education facilities, and housing and dining	17838
facilities, as those terms are defined in section 3345.12 of the	17839
Revised Code, to the extent permitted to be financed by the	17840
issuance of obligations under division (A)(2) of section 3357.112	17841
of the Revised Code, that are authorized by sections 3354.121,	17842
3357.112, and 3358.10 of the Revised Code to be financed by	17843
obligations issued by a community or technical college district,	17844
and for which the issuing authority is authorized to issue	17845
obligations pursuant to this section, and includes any one, part	17846
of, or any combination of the foregoing, and further includes site	17847
improvements, utilities, machinery, furnishings, and any separate	17848
or connected buildings, structures, improvements, sites, open	17849
space and green space areas, utilities, or equipment to be used	17850
in, or in connection with the operation or maintenance of, or	17851
supplementing or otherwise related to the services or facilities	17852
to be provided by, such facilities.	17853

(4) "Cost of community or technical college capital	17854
facilities" means the costs of acquiring, constructing,	17855
reconstructing, rehabilitating, remodeling, renovating, enlarging,	17856
improving, equipping, or furnishing community or technical college	17857
capital facilities, and the financing thereof, including the cost	17858
of clearance and preparation of the site and of any land to be	17859
used in connection with community or technical college capital	17860
facilities, the cost of any indemnity and surety bonds and	17861
premiums on insurance, all related direct administrative expenses	17862
and allocable portions of direct costs of the commission and the	17863
issuing authority, community or technical college or community or	17864
technical college district, cost of engineering, architectural	17865
services, design, plans, specifications and surveys, estimates of	17866
cost, legal fees, fees and expenses of trustees, depositories,	17867
bond registrars, and paying agents for obligations, cost of	17868
issuance of obligations and financing costs and fees and expenses	17869
of financial advisers and consultants in connection therewith,	17870
interest on obligations from the date thereof to the time when	17871
interest is to be covered by available receipts or other sources	17872
other than proceeds of those obligations, amounts necessary to	17873
establish reserves as required by the bond proceedings, costs of	17874
audits, the reimbursements of all moneys advanced or applied by or	17875
borrowed from the community or technical college, community or	17876
technical college district, or others, from whatever source	17877
provided, including any temporary advances from state	17878
appropriations, for the payment of any item or items of cost of	17879
community or technical college facilities, and all other expenses	17880
necessary or incident to planning or determining feasibility or	17881
practicability with respect to such facilities, and such other	17882
expenses as may be necessary or incident to the acquisition,	17883
construction, reconstruction, rehabilitation, remodeling,	17884
renovation, enlargement, improvement, equipment, and furnishing of	17885
community or technical college capital facilities, the financing	17886
thereof and the placing of them in use and operation, including	17887
any one, part of, or combination of such classes of costs and	17888
expenses.	17889

(5) "Capital facilities" includes community or technical	17890
college capital facilities.	17891

(6) "Obligations" has the same meaning as in section 154.01	17892
or 3345.12 of the Revised Code, as the context requires.	17893

(B) The issuing authority is authorized to issue revenue	17894
obligations under Section 2i of Article VIII, Ohio Constitution,	17895
on behalf of a community or technical college district and shall	17896
cause the net proceeds thereof, after any deposits of accrued	17897
interest for the payment of bond service charges and after any	17898
deposit of all or such lesser portion as the issuing authority may	17899
direct of the premium received upon the sale of those obligations	17900
for the payment of the bond service charges, to be applied to the	17901
cost of community or technical college capital facilities,	17902
provided that the issuance of such obligations is subject to the	17903
execution of a written agreement in accordance with division (C)	17904
of section ~~3333.90~~3333.59 of the Revised Code for the withholding	17905
and depositing of funds otherwise due the district, or the college	17906
it operates, in respect of its allocated state share of	17907
instruction.	17908

(C) The bond service charges and all other payments required	17909
to be made by the trust agreement or indenture securing the	17910
obligations shall be payable solely from available community or	17911
technical college receipts pledged thereto as provided in the	17912
resolution. The available community or technical college receipts	17913
pledged and thereafter received by the commission are immediately	17914
subject to the lien of such pledge without any physical delivery	17915
thereof or further act, and the lien of any such pledge is valid	17916
and binding against all parties having claims of any kind against	17917
the authority, irrespective of whether those parties have notice	17918
thereof, and creates a perfected security interest for all	17919
purposes of Chapter 1309. of the Revised Code and a perfected lien	17920
for purposes of any real property interest, all without the	17921
necessity for separation or delivery of funds or for the filing or	17922
recording of the resolution, trust agreement, indenture, or other	17923
agreement by which such pledge is created or any certificate,	17924
statement, or other document with respect thereto; and the pledge	17925
of such available community or technical college receipts is	17926
effective and the money therefrom and thereof may be applied to	17927
the purposes for which pledged. Every pledge, and every covenant	17928
and agreement made with respect to the pledge, made in the	17929
resolution may therein be extended to the benefit of the owners	17930
and holders of obligations authorized by this section, and to any	17931
trustee therefor, for the further securing of the payment of the	17932
bond service charges, and all or any rights under any agreement or	17933
lease made under this section may be assigned for such purpose.	17934

(D) This section is to be applied with other applicable	17935
provisions of this chapter.	17936

Sec. 156.02. The executive director of ~~administrative~~	17937
~~services~~the Ohio facilities construction commission may contract	17938
with an energy or a water services company, architect,	17939
professional engineer, contractor, or other person experienced in	17940
the design and implementation of energy or water conservation	17941
measures for a report containing an analysis and recommendations	17942
pertaining to the implementation of energy or water conservation	17943
measures that result in energy, water, or wastewater cost savings,	17944
operating cost savings, or avoided capital costs for the	17945
institution. The report shall include estimates of all costs of	17946
such installations, including the costs of design, engineering,	17947
installation, maintenance, repairs, and debt service, and	17948
estimates of the energy, water, or wastewater cost savings,	17949
operating cost savings, and avoided capital costs created.	17950

Sec. 156.03. (A) If the executive director of ~~administrative~~	17951
~~services~~the Ohio facilities construction commission wishes to	17952
enter into an installment payment contract pursuant to section	17953
156.04 of the Revised Code or any other contract to implement one	17954
or more energy or water saving measures, the executive director	17955
may proceed under Chapter 153. of the Revised Code, or,	17956
alternatively, the executive director may request the controlling	17957
board to exempt the contract from Chapter 153. of the Revised	17958
Code.	17959

If the controlling board by a majority vote approves an	17960
exemption, that chapter shall not apply to the contract and	17961
instead the executive director shall request proposals from at	17962
least three parties for the implementation of the energy or water	17963
saving measures. Prior to providing any interested party a copy of	17964
any such request, the executive director shall advertise, in a	17965
newspaper of general circulation in the county where the contract	17966
is to be performed, and may advertise by electronic means pursuant	17967
to rules adopted by the executive director, the executive	17968
director's intent to request proposals for the implementation of	17969
the energy or water saving measures. The notice shall invite	17970
interested parties to submit proposals for consideration and shall	17971
be published at least thirty days prior to the date for accepting	17972
proposals.	17973

(B) Upon receiving the proposals, the executive director	17974
shall analyze them and, after considering the cost estimates of	17975
each proposal and the availability of funds to pay for each with	17976
current appropriations or by financing the cost of each through an	17977
installment payment contract under section 156.04 of the Revised	17978
Code, may select one or more proposals or reject all proposals. In	17979
selecting proposals, the executive director shall select the one	17980
or more proposals most likely to result in the greatest energy,	17981
water, or wastewater savings, operating costs savings, and avoided	17982
capital costs created.	17983

(C) No contract shall be awarded to implement energy or water	17984
saving measures under this section, unless the executive director	17985
finds that both of the following circumstances exists:	17986

(1) Not less than one-fifteenth of the costs of the contract	17987
shall be paid within two years from the date of purchase;	17988

(2) In the case of a contract for a cogeneration system	17989
described in division (B)(8) of section 156.01 of the Revised	17990
Code, the remaining balance of the cost of the contract shall be	17991
paid within twenty years from the date of purchase, and, in the	17992
case of all other contracts, fifteen years.	17993

Sec. 156.04. (A) In accordance with this section and section	17994
156.03 of the Revised Code, the executive director of	17995
~~administrative services~~the Ohio facilities construction	17996
commission may enter into an installment payment contract for the	17997
implementation of one or more energy or water saving measures. If	17998
the executive director wishes an installment payment contract to	17999
be exempted from Chapter 153. of the Revised Code, the executive	18000
director shall proceed pursuant to section 156.03 of the Revised	18001
Code.	18002

(B) Any installment payment contract under this section shall	18003
provide that all payments, except payments for repairs and	18004
obligations on termination of the contract prior to its	18005
expiration, are to be a stated percentage of calculated energy,	18006
water, or wastewater cost savings, operating costs, and avoided	18007
capital costs attributable to the one or more measures over a	18008
defined period of time and are to be made only to the extent that	18009
those calculated amounts actually occur. No such contract shall	18010
contain either of the following:	18011

(1) A requirement of any additional capital investment or	18012
contribution of funds, other than funds available from state or	18013
federal grants;	18014

(2) In the case of a contract for a cogeneration system	18015
described in division (B)(8) of section 156.01 of the Revised	18016
Code, a payment term longer than twenty years, and, in the case of	18017
all other contracts, a payment term longer than fifteen years.	18018

(C) Any installment payment contract entered into under this	18019
section shall terminate no later than the last day of the fiscal	18020
biennium for which funds have been appropriated to the ~~department~~	18021
~~of administrative services~~Ohio facilities construction commission	18022
by the general assembly and shall be renewed in each succeeding	18023
fiscal biennium in which any balance of the contract remains	18024
unpaid, provided that both an appropriation for that succeeding	18025
fiscal biennium and the certification required by section 126.07	18026
of the Revised Code are made.	18027

(D) Any installment payment contract entered into under this	18028
section shall be eligible for financing provided through the Ohio	18029
air quality development authority under Chapter 3706. of the	18030
Revised Code.	18031

Sec. 156.05. In accordance with Chapter 119. of the Revised	18032
Code, the executive director of ~~administrative services~~the Ohio	18033
facilities construction commission shall adopt, and enforce rules	18034
necessary to administer sections 156.01 to 156.04 of the Revised	18035
Code. Rules adopted under this section shall establish procedures	18036
by which the executive director may authorize in ~~his~~the executive	18037
director's stead the manager of any building owned by the state to	18038
enter into contracts authorized under sections 156.01 to 156.04 of	18039
the Revised Code.	18040

Sec. 166.02. (A) The general assembly finds that many local	18041
areas throughout the state are experiencing economic stagnation or	18042
decline, and that the economic development programs provided for	18043
in this chapter will constitute deserved, necessary reinvestment	18044
by the state in those areas, materially contribute to their	18045
economic revitalization, and result in improving the economic	18046
welfare of all the people of the state. Accordingly, it is	18047
declared to be the public policy of the state, through the	18048
operations of this chapter and other applicable laws adopted	18049
pursuant to Section 2p or 13 of Article VIII, Ohio Constitution,	18050
and other authority vested in the general assembly, to assist in	18051
and facilitate the establishment or development of eligible	18052
projects or assist and cooperate with any governmental agency in	18053
achieving such purpose.	18054

(B) In furtherance of such public policy and to implement	18055
such purpose, the director of development may:	18056

(1) After consultation with appropriate governmental	18057
agencies, enter into agreements with persons engaged in industry,	18058
commerce, distribution, or research and with governmental agencies	18059
to induce such persons to acquire, construct, reconstruct,	18060
rehabilitate, renovate, enlarge, improve, equip, or furnish, or	18061
otherwise develop, eligible projects and make provision therein	18062
for project facilities and governmental actions, as authorized by	18063
this chapter and other applicable laws, subject to any required	18064
actions by the general assembly or the controlling board and	18065
subject to applicable local government laws and regulations;	18066

(2) Provide for the guarantees and loans as provided for in	18067
sections 166.06 and 166.07 of the Revised Code;	18068

(3) Subject to release of such moneys by the controlling	18069
board, contract for labor and materials needed for, or contract	18070
with others, including governmental agencies, to provide, project	18071
facilities the allowable costs of which are to be paid for or	18072
reimbursed from moneys in the facilities establishment fund, and	18073
contract for the operation of such project facilities;	18074

(4) Subject to release thereof by the controlling board, from	18075
moneys in the facilities establishment fund acquire or contract to	18076
acquire by gift, exchange, or purchase, including the obtaining	18077
and exercise of purchase options, property, and convey or	18078
otherwise dispose of, or provide for the conveyance or disposition	18079
of, property so acquired or contracted to be acquired by sale,	18080
exchange, lease, lease purchase, conditional or installment sale,	18081
transfer, or other disposition, including the grant of an option	18082
to purchase, to any governmental agency or to any other person	18083
without necessity for competitive bidding and upon such terms and	18084
conditions and manner of consideration pursuant to and as the	18085
director determines to be appropriate to satisfy the objectives of	18086
sections 166.01 to 166.11 of the Revised Code;	18087

(5) Retain the services of or employ financial consultants,	18088
appraisers, consulting engineers, superintendents, managers,	18089
construction and accounting experts, attorneys, and employees,	18090
agents, and independent contractors as are necessary in the	18091
director's judgment and fix the compensation for their services;	18092

(6) Receive and accept from any person grants, gifts, and	18093
contributions of money, property, labor, and other things of	18094
value, to be held, used and applied only for the purpose for which	18095
such grants, gifts, and contributions are made;	18096

(7) Enter into appropriate arrangements and agreements with	18097
any governmental agency for the taking or provision by that	18098
governmental agency of any governmental action;	18099

(8) Do all other acts and enter into contracts and execute	18100
all instruments necessary or appropriate to carry out the	18101
provisions of this chapter;	18102

(9) Adopt rules to implement any of the provisions of this	18103
chapter applicable to the director.	18104

(C) The determinations by the director that facilities	18105
constitute eligible projects, that facilities are project	18106
facilities, that costs of such facilities are allowable costs, and	18107
all other determinations relevant thereto or to an action taken or	18108
agreement entered into shall be conclusive for purposes of the	18109
validity and enforceability of rights of parties arising from	18110
actions taken and agreements entered into under this chapter.	18111

(D) Except as otherwise prescribed in this chapter, all	18112
expenses and obligations incurred by the director in carrying out	18113
the director's powers and in exercising the director's duties	18114
under this chapter, shall be payable solely from, as appropriate,	18115
moneys in the facilities establishment fund, the loan guarantee	18116
fund, the innovation Ohio loan guarantee fund, the innovation Ohio	18117
loan fund, the research and development loan fund, the logistics	18118
and distribution infrastructure fund, ~~the logistics and~~	18119
~~distribution infrastructure taxable bond fund,~~ or moneys	18120
appropriated for such purpose by the general assembly. This	18121
chapter does not authorize the director or the issuing authority	18122
under section 166.08 of the Revised Code to incur bonded	18123
indebtedness of the state or any political subdivision thereof, or	18124
to obligate or pledge moneys raised by taxation for the payment of	18125
any bonds or notes issued or guarantees made pursuant to this	18126
chapter.	18127

(E) Any governmental agency may enter into an agreement with	18128
the director, any other governmental agency, or a person to be	18129
assisted under this chapter, to take or provide for the purposes	18130
of this chapter any governmental action it is authorized to take	18131
or provide, and to undertake on behalf and at the request of the	18132
director any action which the director is authorized to undertake	18133
pursuant to divisions (B)(3), (4), and (5) of this section or	18134
divisions (B)(3), (4), and (5) of section 166.12 of the Revised	18135
Code. Governmental agencies of the state shall cooperate with and	18136
provide assistance to the director of development and the	18137
controlling board in the exercise of their respective functions	18138
under this chapter.	18139

Sec. 166.03. (A) There is hereby created the facilities	18140
establishment fund within the state treasury, consisting of	18141
proceeds from the issuance of obligations as specified under	18142
section 166.08 of the Revised Code; the moneys received by the	18143
state from the sources specified in section 166.09 of the Revised	18144
Code; service charges imposed under sections 166.06 and 166.07 of	18145
the Revised Code; any grants, gifts, or contributions of moneys	18146
received by the director of development services to be used for	18147
loans made under section 166.07 of the Revised Code or for the	18148
payment of the allowable costs of project facilities; and all	18149
other moneys appropriated or transferred to the fund. Moneys in	18150
the loan guarantee fund in excess of the loan guarantee reserve	18151
requirement, but subject to the provisions and requirements of any	18152
guarantee contracts, may be transferred to the facilities	18153
establishment fund by the treasurer of state upon the order of the	18154
director of development services. Moneys received by the state	18155
under Chapter 122. of the Revised Code, to the extent allocable to	18156
the utilization of moneys derived from proceeds of the sale of	18157
obligations pursuant to section 166.08 of the Revised Code, shall	18158
be credited to the facilities establishment fund. All investment	18159
earnings on the cash balance in the fund shall be credited to the	18160
fund.	18161

(B) All moneys appropriated or transferred to the facilities	18162
establishment fund may be released at the request of the director	18163
of development services for payment of allowable costs or the	18164
making of loans under section 166.07 of the Revised Code, for	18165
transfer to the loan guarantee fund established in section 166.06	18166
of the Revised Code, or for use for the purpose of or transfer to	18167
the funds established by sections 122.35, 122.42, 122.54, 122.55,	18168
122.56, 122.561, 122.57, 122.601, and 122.80 of the Revised Code	18169
and, until July 1, 2003, the fund established by section 166.031	18170
of the Revised Code, and, until July 1, 2007, the fund established	18171
by section 122.26 of the Revised Code, but only for such of those	18172
purposes as are within the authorization of Section 13 of Article	18173
VIII, Ohio Constitution, in all cases subject to the approval of	18174
the controlling board.	18175

(C) The ~~department of~~ development services agency, in the	18176
administration of the facilities establishment fund, is encouraged	18177
to utilize and promote the utilization of, to the maximum	18178
practicable extent, the other existing programs, business	18179
incentives, and tax incentives that department is required or	18180
authorized to administer or supervise.	18181

Sec. 166.04. (A) Prior to entering into each agreement to	18182
provide assistance under sections 166.02, 166.06, and 166.07 of	18183
the Revised Code, the director of development services shall	18184
determine whether the assistance will conform to the requirements	18185
of sections 166.01 to 166.11 of the Revised Code. Such	18186
determination, and the facts upon which it is based, shall be set	18187
forth, where required, by the director in submissions made to the	18188
controlling board when the director seeks a release of moneys	18189
under section 166.02 of the Revised Code. An agreement to provide	18190
assistance under sections 166.02, 166.06, and 166.07 of the	18191
Revised Code shall set forth such determination, which shall be	18192
conclusive for purposes of the validity and enforceability of such	18193
agreement and any loan guarantees, loans, or other agreements	18194
entered into pursuant to such agreement to provide assistance.	18195

(B) Whenever a person applies for financial assistance under	18196
sections 166.02, 166.06, and 166.07 of the Revised Code and the	18197
project for which assistance is requested is to relocate	18198
facilities that are currently being operated by the person and	18199
that are located in another county, municipal corporation, or	18200
township, the ~~director~~person shall provide written notification	18201
of the relocation to the appropriate local governmental bodies ~~and~~	18202
~~state officials~~. ~~The~~Prior to entering into an agreement to	18203
provide the assistance, the director shall verify that such	18204
notification ~~shall contain the following information:~~	18205

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

18206

~~(2) The county, and the municipal corporation or township, in~~	18207
~~which the project for which assistance is requested is located;~~	18208
~~and~~	18209

~~(3) The county, and the municipal corporation or township, in~~	18210
~~which the facility to be replaced is located~~has been provided.	18211

18212

~~(1)~~, "~~Appropriate~~appropriate local governmental bodies"	18213
means:	18214

~~(a)~~(1) The ~~boards~~board of county commissioners or	18215
legislative ~~authorities~~authority of the county in which the	18216
~~project for which assistance is requested is located and of the~~	18217
~~county in which the~~ facility to be replaced is located;	18218

~~(b)~~(2) The legislative authority of the municipal corporation	18219
or the board of township trustees of the township in which the	18220
~~project for which assistance is requested is located; and~~	18221

~~(c) The legislative authority of the municipal corporation or~~	18222
~~the board of township trustees of the township in which the~~	18223
facility to be replaced is located.	18224

~~(2) "State officials" means:~~

18225

~~(a) The state representative and state senator in whose~~	18226
~~districts the project for which assistance is requested is~~	18227
~~located;~~	18228

~~(b) The state representative and state senator in whose~~	18229
~~districts the facility to be replaced is located.~~	18230

Sec. 166.08. (A) As used in this chapter:

18231

(1) "Bond proceedings" means the resolution, order, trust	18232
agreement, indenture, lease, and other agreements, amendments and	18233
supplements to the foregoing, or any one or more or combination	18234
thereof, authorizing or providing for the terms and conditions	18235
applicable to, or providing for the security or liquidity of,	18236
obligations issued pursuant to this section, and the provisions	18237
contained in such obligations.	18238

(2) "Bond service charges" means principal, including	18239
mandatory sinking fund requirements for retirement of obligations,	18240
and interest, and redemption premium, if any, required to be paid	18241
by the state on obligations.	18242

(3) "Bond service fund" means the applicable fund and	18243
accounts therein created for and pledged to the payment of bond	18244
service charges, which may be, or may be part of, the economic	18245
development bond service fund created by division (S) of this	18246
section including all moneys and investments, and earnings from	18247
investments, credited and to be credited thereto.	18248

(4) "Issuing authority" means the treasurer of state, or the	18249
officer who by law performs the functions of such officer.	18250

(5) "Obligations" means bonds, notes, or other evidence of	18251
obligation including interest coupons pertaining thereto, issued	18252
pursuant to this section.	18253

(6) "Pledged receipts" means all receipts of the state	18254
representing the gross profit on the sale of spirituous liquor, as	18255
referred to in division (B)(4) of section 4301.10 of the Revised	18256
Code, after paying all costs and expenses of the division of	18257
liquor control and providing an adequate working capital reserve	18258
for the division of liquor control as provided in that division,	18259
but excluding the sum required by the second paragraph of section	18260
4301.12 of the Revised Code, as in effect on May 2, 1980, to be	18261
paid into the state treasury; moneys accruing to the state from	18262
the lease, sale, or other disposition, or use, of project	18263
facilities, and from the repayment, including interest, of loans	18264
made from proceeds received from the sale of obligations; accrued	18265
interest received from the sale of obligations; income from the	18266
investment of the special funds; and any gifts, grants, donations,	18267
and pledges, and receipts therefrom, available for the payment of	18268
bond service charges.	18269

(7) "Special funds" or "funds" means, except where the	18270
context does not permit, the bond service fund, and any other	18271
funds, including reserve funds, created under the bond	18272
proceedings, and the economic development bond service fund	18273
created by division (S) of this section to the extent provided in	18274
the bond proceedings, including all moneys and investments, and	18275
earnings from investment, credited and to be credited thereto.	18276

(B) Subject to the limitations provided in section 166.11 of	18277
the Revised Code, the issuing authority, upon the certification by	18278
the director of development or, with respect to eligible advanced	18279
energy projects, the Ohio air quality development authority to the	18280
issuing authority of the amount of moneys or additional moneys	18281
needed in the facilities establishment fund, the loan guarantee	18282
fund, the innovation Ohio loan fund, the innovation Ohio loan	18283
guarantee fund, the research and development loan fund, the	18284
logistics and distribution infrastructure fund, ~~the logistics and~~	18285
~~distribution infrastructure taxable bond fund,~~ the advanced energy	18286
research and development fund, or the advanced energy research and	18287
development taxable fund, as applicable, for the purpose of	18288
paying, or making loans for, allowable costs from the facilities	18289
establishment fund, allowable innovation costs from the innovation	18290
Ohio loan fund, allowable costs from the research and development	18291
loan fund, allowable costs from the logistics and distribution	18292
infrastructure fund, ~~allowable costs from the logistics and~~	18293
~~distribution infrastructure taxable bond fund,~~ allowable costs	18294
from the advanced energy research and development fund, or	18295
allowable costs from the advanced energy research and development	18296
taxable fund, as applicable, or needed for capitalized interest,	18297
for funding reserves, and for paying costs and expenses incurred	18298
in connection with the issuance, carrying, securing, paying,	18299
redeeming, or retirement of the obligations or any obligations	18300
refunded thereby, including payment of costs and expenses relating	18301
to letters of credit, lines of credit, insurance, put agreements,	18302
standby purchase agreements, indexing, marketing, remarketing and	18303
administrative arrangements, interest swap or hedging agreements,	18304
and any other credit enhancement, liquidity, remarketing, renewal,	18305
or refunding arrangements, all of which are authorized by this	18306
section, or providing moneys for the loan guarantee fund or the	18307
innovation Ohio loan guarantee fund, as provided in this chapter	18308
or needed for the purposes of funds established in accordance with	18309
or pursuant to sections 122.35, 122.42, 122.54, 122.55, 122.56,	18310
122.561, 122.57, and 122.80 of the Revised Code which are within	18311
the authorization of Section 13 of Article VIII, Ohio	18312
Constitution, or, with respect to certain eligible advanced energy	18313
projects, Section 2p of Article VIII, Ohio Constitution, shall	18314
issue obligations of the state under this section in the required	18315
amount; provided that such obligations may be issued to satisfy	18316
the covenants in contracts of guarantee made under section 166.06	18317
or 166.15 of the Revised Code, notwithstanding limitations	18318
otherwise applicable to the issuance of obligations under this	18319
section. The proceeds of such obligations, except for the portion	18320
to be deposited in special funds, including reserve funds, as may	18321
be provided in the bond proceedings, shall as provided in the bond	18322
proceedings be deposited by the director of development to the	18323
facilities establishment fund, the loan guarantee fund, the	18324
innovation Ohio loan guarantee fund, the innovation Ohio loan	18325
fund, the research and development loan fund, or the logistics and	18326
distribution infrastructure fund, ~~or the logistics and~~	18327
~~distribution infrastructure taxable bond fund,~~ or be deposited by	18328
the Ohio air quality development authority to the advanced energy	18329
research and development fund or the advanced energy research and	18330
development taxable fund. Bond proceedings for project financing	18331
obligations may provide that the proceeds derived from the	18332
issuance of such obligations shall be deposited into such fund or	18333
funds provided for in the bond proceedings and, to the extent	18334
provided for in the bond proceedings, such proceeds shall be	18335
deemed to have been deposited into the facilities establishment	18336
fund and transferred to such fund or funds. The issuing authority	18337
may appoint trustees, paying agents, and transfer agents and may	18338
retain the services of financial advisors, accounting experts, and	18339
attorneys, and retain or contract for the services of marketing,	18340
remarketing, indexing, and administrative agents, other	18341
consultants, and independent contractors, including printing	18342
services, as are necessary in the issuing authority's judgment to	18343
carry out this section. The costs of such services are allowable	18344
costs payable from the facilities establishment fund or the	18345
research and development loan fund, allowable innovation costs	18346
payable from the innovation Ohio loan fund, or allowable costs	18347
payable from the logistics and distribution infrastructure fund,	18348
~~the logistics and distribution infrastructure taxable bond fund,~~	18349
the advanced energy research and development fund, or the advanced	18350
energy research and development taxable fund, as applicable.	18351

(C) The holders or owners of such obligations shall have no	18352
right to have moneys raised by taxation obligated or pledged, and	18353
moneys raised by taxation shall not be obligated or pledged, for	18354
the payment of bond service charges. Such holders or owners shall	18355
have no rights to payment of bond service charges from any moneys	18356
accruing to the state from the lease, sale, or other disposition,	18357
or use, of project facilities, or from payment of the principal of	18358
or interest on loans made, or fees charged for guarantees made, or	18359
from any money or property received by the director, treasurer of	18360
state, or the state under Chapter 122. of the Revised Code, or	18361
from any other use of the proceeds of the sale of the obligations,	18362
and no such moneys may be used for the payment of bond service	18363
charges, except for accrued interest, capitalized interest, and	18364
reserves funded from proceeds received upon the sale of the	18365
obligations and except as otherwise expressly provided in the	18366
applicable bond proceedings pursuant to written directions by the	18367
director. The right of such holders and owners to payment of bond	18368
service charges is limited to all or that portion of the pledged	18369
receipts and those special funds pledged thereto pursuant to the	18370
bond proceedings in accordance with this section, and each such	18371
obligation shall bear on its face a statement to that effect.	18372

(D) Obligations shall be authorized by resolution or order of	18373
the issuing authority and the bond proceedings shall provide for	18374
the purpose thereof and the principal amount or amounts, and shall	18375
provide for or authorize the manner or agency for determining the	18376
principal maturity or maturities, not exceeding twenty-five years	18377
from the date of issuance, the interest rate or rates or the	18378
maximum interest rate, the date of the obligations and the dates	18379
of payment of interest thereon, their denomination, and the	18380
establishment within or without the state of a place or places of	18381
payment of bond service charges. Sections 9.98 to 9.983 of the	18382
Revised Code are applicable to obligations issued under this	18383
section, subject to any applicable limitation under section 166.11	18384
of the Revised Code. The purpose of such obligations may be stated	18385
in the bond proceedings in terms describing the general purpose or	18386
purposes to be served. The bond proceedings also shall provide,	18387
subject to the provisions of any other applicable bond	18388
proceedings, for the pledge of all, or such part as the issuing	18389
authority may determine, of the pledged receipts and the	18390
applicable special fund or funds to the payment of bond service	18391
charges, which pledges may be made either prior or subordinate to	18392
other expenses, claims, or payments, and may be made to secure the	18393
obligations on a parity with obligations theretofore or thereafter	18394
issued, if and to the extent provided in the bond proceedings. The	18395
pledged receipts and special funds so pledged and thereafter	18396
received by the state are immediately subject to the lien of such	18397
pledge without any physical delivery thereof or further act, and	18398
the lien of any such pledges is valid and binding against all	18399
parties having claims of any kind against the state or any	18400
governmental agency of the state, irrespective of whether such	18401
parties have notice thereof, and shall create a perfected security	18402
interest for all purposes of Chapter 1309. of the Revised Code,	18403
without the necessity for separation or delivery of funds or for	18404
the filing or recording of the bond proceedings by which such	18405
pledge is created or any certificate, statement or other document	18406
with respect thereto; and the pledge of such pledged receipts and	18407
special funds is effective and the money therefrom and thereof may	18408
be applied to the purposes for which pledged without necessity for	18409
any act of appropriation. Every pledge, and every covenant and	18410
agreement made with respect thereto, made in the bond proceedings	18411
may therein be extended to the benefit of the owners and holders	18412
of obligations authorized by this section, and to any trustee	18413
therefor, for the further security of the payment of the bond	18414
service charges.	18415

(E) The bond proceedings may contain additional provisions as	18416
to:	18417

(1) The redemption of obligations prior to maturity at the	18418
option of the issuing authority at such price or prices and under	18419
such terms and conditions as are provided in the bond proceedings;	18420

(2) Other terms of the obligations;

18421

(3) Limitations on the issuance of additional obligations;

18422

(4) The terms of any trust agreement or indenture securing	18423
the obligations or under which the same may be issued;	18424

(5) The deposit, investment and application of special funds,	18425
and the safeguarding of moneys on hand or on deposit, without	18426
regard to Chapter 131. or 135. of the Revised Code, but subject to	18427
any special provisions of this chapter, with respect to particular	18428
funds or moneys, provided that any bank or trust company which	18429
acts as depository of any moneys in the special funds may furnish	18430
such indemnifying bonds or may pledge such securities as required	18431
by the issuing authority;	18432

(6) Any or every provision of the bond proceedings being	18433
binding upon such officer, board, commission, authority, agency,	18434
department, or other person or body as may from time to time have	18435
the authority under law to take such actions as may be necessary	18436
to perform all or any part of the duty required by such provision;	18437

(7) Any provision that may be made in a trust agreement or	18438
indenture;	18439

(8) Any other or additional agreements with the holders of	18440
the obligations, or the trustee therefor, relating to the	18441
obligations or the security therefor, including the assignment of	18442
mortgages or other security obtained or to be obtained for loans	18443
under section 122.43, 166.07, or 166.16 of the Revised Code.	18444

(F) The obligations may have the great seal of the state or a	18445
facsimile thereof affixed thereto or printed thereon. The	18446
obligations and any coupons pertaining to obligations shall be	18447
signed or bear the facsimile signature of the issuing authority.	18448
Any obligations or coupons may be executed by the person who, on	18449
the date of execution, is the proper issuing authority although on	18450
the date of such bonds or coupons such person was not the issuing	18451
authority. If the issuing authority whose signature or a facsimile	18452
of whose signature appears on any such obligation or coupon ceases	18453
to be the issuing authority before delivery thereof, such	18454
signature or facsimile is nevertheless valid and sufficient for	18455
all purposes as if the former issuing authority had remained the	18456
issuing authority until such delivery; and if the seal to be	18457
affixed to obligations has been changed after a facsimile of the	18458
seal has been imprinted on such obligations, such facsimile seal	18459
shall continue to be sufficient as to such obligations and	18460
obligations issued in substitution or exchange therefor.	18461

(G) All obligations are negotiable instruments and securities	18462
under Chapter 1308. of the Revised Code, subject to the provisions	18463
of the bond proceedings as to registration. The obligations may be	18464
issued in coupon or in registered form, or both, as the issuing	18465
authority determines. Provision may be made for the registration	18466
of any obligations with coupons attached thereto as to principal	18467
alone or as to both principal and interest, their exchange for	18468
obligations so registered, and for the conversion or reconversion	18469
into obligations with coupons attached thereto of any obligations	18470
registered as to both principal and interest, and for reasonable	18471
charges for such registration, exchange, conversion, and	18472
reconversion.	18473

(H) Obligations may be sold at public sale or at private	18474
sale, as determined in the bond proceedings.	18475

Obligations issued to provide moneys for the loan guarantee	18476
fund or the innovation Ohio loan guarantee fund may, as determined	18477
by the issuing authority, be sold at private sale, and without	18478
publication of a notice of sale.	18479

(I) Pending preparation of definitive obligations, the	18480
issuing authority may issue interim receipts or certificates which	18481
shall be exchanged for such definitive obligations.	18482

(J) In the discretion of the issuing authority, obligations	18483
may be secured additionally by a trust agreement or indenture	18484
between the issuing authority and a corporate trustee which may be	18485
any trust company or bank having a place of business within the	18486
state. Any such agreement or indenture may contain the resolution	18487
or order authorizing the issuance of the obligations, any	18488
provisions that may be contained in any bond proceedings, and	18489
other provisions which are customary or appropriate in an	18490
agreement or indenture of such type, including, but not limited	18491
to:	18492

(1) Maintenance of each pledge, trust agreement, indenture,	18493
or other instrument comprising part of the bond proceedings until	18494
the state has fully paid the bond service charges on the	18495
obligations secured thereby, or provision therefor has been made;	18496

(2) In the event of default in any payments required to be	18497
made by the bond proceedings, or any other agreement of the	18498
issuing authority made as a part of the contract under which the	18499
obligations were issued, enforcement of such payments or agreement	18500
by mandamus, the appointment of a receiver, suit in equity, action	18501
at law, or any combination of the foregoing;	18502

(3) The rights and remedies of the holders of obligations and	18503
of the trustee, and provisions for protecting and enforcing them,	18504
including limitations on rights of individual holders of	18505
obligations;	18506

(4) The replacement of any obligations that become mutilated	18507
or are destroyed, lost, or stolen;	18508

(5) Such other provisions as the trustee and the issuing	18509
authority agree upon, including limitations, conditions, or	18510
qualifications relating to any of the foregoing.	18511

(K) Any holders of obligations or trustees under the bond	18512
proceedings, except to the extent that their rights are restricted	18513
by the bond proceedings, may by any suitable form of legal	18514
proceedings, protect and enforce any rights under the laws of this	18515
state or granted by such bond proceedings. Such rights include the	18516
right to compel the performance of all duties of the issuing	18517
authority, the director of development, the Ohio air quality	18518
development authority, or the division of liquor control required	18519
by this chapter or the bond proceedings; to enjoin unlawful	18520
activities; and in the event of default with respect to the	18521
payment of any bond service charges on any obligations or in the	18522
performance of any covenant or agreement on the part of the	18523
issuing authority, the director of development, the Ohio air	18524
quality development authority, or the division of liquor control	18525
in the bond proceedings, to apply to a court having jurisdiction	18526
of the cause to appoint a receiver to receive and administer the	18527
pledged receipts and special funds, other than those in the	18528
custody of the treasurer of state, which are pledged to the	18529
payment of the bond service charges on such obligations or which	18530
are the subject of the covenant or agreement, with full power to	18531
pay, and to provide for payment of bond service charges on, such	18532
obligations, and with such powers, subject to the direction of the	18533
court, as are accorded receivers in general equity cases,	18534
excluding any power to pledge additional revenues or receipts or	18535
other income or moneys of the issuing authority or the state or	18536
governmental agencies of the state to the payment of such	18537
principal and interest and excluding the power to take possession	18538
of, mortgage, or cause the sale or otherwise dispose of any	18539
project facilities.	18540

Each duty of the issuing authority and the issuing	18541
authority's officers and employees, and of each governmental	18542
agency and its officers, members, or employees, undertaken	18543
pursuant to the bond proceedings or any agreement or lease,	18544
lease-purchase agreement, or loan made under authority of this	18545
chapter, and in every agreement by or with the issuing authority,	18546
is hereby established as a duty of the issuing authority, and of	18547
each such officer, member, or employee having authority to perform	18548
such duty, specifically enjoined by the law resulting from an	18549
office, trust, or station within the meaning of section 2731.01 of	18550
the Revised Code.	18551

The person who is at the time the issuing authority, or the	18552
issuing authority's officers or employees, are not liable in their	18553
personal capacities on any obligations issued by the issuing	18554
authority or any agreements of or with the issuing authority.	18555

(L) The issuing authority may authorize and issue obligations	18556
for the refunding, including funding and retirement, and advance	18557
refunding with or without payment or redemption prior to maturity,	18558
of any obligations previously issued by the issuing authority.	18559
Such obligations may be issued in amounts sufficient for payment	18560
of the principal amount of the prior obligations, any redemption	18561
premiums thereon, principal maturities of any such obligations	18562
maturing prior to the redemption of the remaining obligations on a	18563
parity therewith, interest accrued or to accrue to the maturity	18564
dates or dates of redemption of such obligations, and any	18565
allowable costs including expenses incurred or to be incurred in	18566
connection with such issuance and such refunding, funding, and	18567
retirement. Subject to the bond proceedings therefor, the portion	18568
of proceeds of the sale of obligations issued under this division	18569
to be applied to bond service charges on the prior obligations	18570
shall be credited to an appropriate account held by the trustee	18571
for such prior or new obligations or to the appropriate account in	18572
the bond service fund for such obligations. Obligations authorized	18573
under this division shall be deemed to be issued for those	18574
purposes for which such prior obligations were issued and are	18575
subject to the provisions of this section pertaining to other	18576
obligations, except as otherwise provided in this section;	18577
provided that, unless otherwise authorized by the general	18578
assembly, any limitations imposed by the general assembly pursuant	18579
to this section with respect to bond service charges applicable to	18580
the prior obligations shall be applicable to the obligations	18581
issued under this division to refund, fund, advance refund or	18582
retire such prior obligations.	18583

(M) The authority to issue obligations under this section	18584
includes authority to issue obligations in the form of bond	18585
anticipation notes and to renew the same from time to time by the	18586
issuance of new notes. The holders of such notes or interest	18587
coupons pertaining thereto shall have a right to be paid solely	18588
from the pledged receipts and special funds that may be pledged to	18589
the payment of the bonds anticipated, or from the proceeds of such	18590
bonds or renewal notes, or both, as the issuing authority provides	18591
in the resolution or order authorizing such notes. Such notes may	18592
be additionally secured by covenants of the issuing authority to	18593
the effect that the issuing authority and the state will do such	18594
or all things necessary for the issuance of such bonds or renewal	18595
notes in appropriate amount, and apply the proceeds thereof to the	18596
extent necessary, to make full payment of the principal of and	18597
interest on such notes at the time or times contemplated, as	18598
provided in such resolution or order. For such purpose, the	18599
issuing authority may issue bonds or renewal notes in such	18600
principal amount and upon such terms as may be necessary to	18601
provide funds to pay when required the principal of and interest	18602
on such notes, notwithstanding any limitations prescribed by or	18603
for purposes of this section. Subject to this division, all	18604
provisions for and references to obligations in this section are	18605
applicable to notes authorized under this division.	18606

The issuing authority in the bond proceedings authorizing the	18607
issuance of bond anticipation notes shall set forth for such bonds	18608
an estimated interest rate and a schedule of principal payments	18609
for such bonds and the annual maturity dates thereof, and for	18610
purposes of any limitation on bond service charges prescribed	18611
under division (A) of section 166.11 of the Revised Code, the	18612
amount of bond service charges on such bond anticipation notes is	18613
deemed to be the bond service charges for the bonds anticipated	18614
thereby as set forth in the bond proceedings applicable to such	18615
notes, but this provision does not modify any authority in this	18616
section to pledge receipts and special funds to, and covenant to	18617
issue bonds to fund, the payment of principal of and interest and	18618
any premium on such notes.	18619

(N) Obligations issued under this section are lawful	18620
investments for banks, societies for savings, savings and loan	18621
associations, deposit guarantee associations, trust companies,	18622
trustees, fiduciaries, insurance companies, including domestic for	18623
life and domestic not for life, trustees or other officers having	18624
charge of sinking and bond retirement or other special funds of	18625
political subdivisions and taxing districts of this state, the	18626
commissioners of the sinking fund of the state, the administrator	18627
of workers' compensation, the state teachers retirement system,	18628
the public employees retirement system, the school employees	18629
retirement system, and the Ohio police and fire pension fund,	18630
notwithstanding any other provisions of the Revised Code or rules	18631
adopted pursuant thereto by any governmental agency of the state	18632
with respect to investments by them, and are also acceptable as	18633
security for the deposit of public moneys.	18634

(O) Unless otherwise provided in any applicable bond	18635
proceedings, moneys to the credit of or in the special funds	18636
established by or pursuant to this section may be invested by or	18637
on behalf of the issuing authority only in notes, bonds, or other	18638
obligations of the United States, or of any agency or	18639
instrumentality of the United States, obligations guaranteed as to	18640
principal and interest by the United States, obligations of this	18641
state or any political subdivision of this state, and certificates	18642
of deposit of any national bank located in this state and any	18643
bank, as defined in section 1101.01 of the Revised Code, subject	18644
to inspection by the superintendent of banks. If the law or the	18645
instrument creating a trust pursuant to division (J) of this	18646
section expressly permits investment in direct obligations of the	18647
United States or an agency of the United States, unless expressly	18648
prohibited by the instrument, such moneys also may be invested in	18649
no-front-end-load money market mutual funds consisting exclusively	18650
of obligations of the United States or an agency of the United	18651
States and in repurchase agreements, including those issued by the	18652
fiduciary itself, secured by obligations of the United States or	18653
an agency of the United States; and in common trust funds	18654
established in accordance with section 1111.20 of the Revised Code	18655
and consisting exclusively of any such securities, notwithstanding	18656
division (A)(4) of that section. The income from such investments	18657
shall be credited to such funds as the issuing authority	18658
determines, and such investments may be sold at such times as the	18659
issuing authority determines or authorizes.	18660

(P) Provision may be made in the applicable bond proceedings	18661
for the establishment of separate accounts in the bond service	18662
fund and for the application of such accounts only to the	18663
specified bond service charges on obligations pertinent to such	18664
accounts and bond service fund and for other accounts therein	18665
within the general purposes of such fund. Unless otherwise	18666
provided in any applicable bond proceedings, moneys to the credit	18667
of or in the several special funds established pursuant to this	18668
section shall be disbursed on the order of the treasurer of state,	18669
provided that no such order is required for the payment from the	18670
bond service fund when due of bond service charges on obligations.	18671

(Q) The issuing authority may pledge all, or such portion as	18672
the issuing authority determines, of the pledged receipts to the	18673
payment of bond service charges on obligations issued under this	18674
section, and for the establishment and maintenance of any	18675
reserves, as provided in the bond proceedings, and make other	18676
provisions therein with respect to pledged receipts as authorized	18677
by this chapter, which provisions are controlling notwithstanding	18678
any other provisions of law pertaining thereto.	18679

(R) The issuing authority may covenant in the bond	18680
proceedings, and any such covenants are controlling	18681
notwithstanding any other provision of law, that the state and	18682
applicable officers and governmental agencies of the state,	18683
including the general assembly, so long as any obligations are	18684
outstanding, shall:	18685

(1) Maintain statutory authority for and cause to be charged	18686
and collected wholesale and retail prices for spirituous liquor	18687
sold by the state or its agents so that the pledged receipts are	18688
sufficient in amount to meet bond service charges, and the	18689
establishment and maintenance of any reserves and other	18690
requirements provided for in the bond proceedings, and, as	18691
necessary, to meet covenants contained in contracts of guarantee	18692
made under section 166.06 of the Revised Code;	18693

(2) Take or permit no action, by statute or otherwise, that	18694
would impair the exemption from federal income taxation of the	18695
interest on the obligations.	18696

(S) There is hereby created the economic development bond	18697
service fund, which shall be in the custody of the treasurer of	18698
state but shall be separate and apart from and not a part of the	18699
state treasury. All moneys received by or on account of the	18700
issuing authority or state agencies and required by the applicable	18701
bond proceedings, consistent with this section, to be deposited,	18702
transferred, or credited to a bond service fund or the economic	18703
development bond service fund, and all other moneys transferred or	18704
allocated to or received for the purposes of the fund, shall be	18705
deposited and credited to such fund and to any separate accounts	18706
therein, subject to applicable provisions of the bond proceedings,	18707
but without necessity for any act of appropriation. During the	18708
period beginning with the date of the first issuance of	18709
obligations and continuing during such time as any such	18710
obligations are outstanding, and so long as moneys in the	18711
pertinent bond service funds are insufficient to pay all bond	18712
services charges on such obligations becoming due in each year, a	18713
sufficient amount of the gross profit on the sale of spirituous	18714
liquor included in pledged receipts are committed and shall be	18715
paid to the bond service fund or economic development bond service	18716
fund in each year for the purpose of paying the bond service	18717
charges becoming due in that year without necessity for further	18718
act of appropriation for such purpose and notwithstanding anything	18719
to the contrary in Chapter 4301. of the Revised Code. The economic	18720
development bond service fund is a trust fund and is hereby	18721
pledged to the payment of bond service charges to the extent	18722
provided in the applicable bond proceedings, and payment thereof	18723
from such fund shall be made or provided for by the treasurer of	18724
state in accordance with such bond proceedings without necessity	18725
for any act of appropriation.	18726

(T) The obligations, the transfer thereof, and the income	18727
therefrom, including any profit made on the sale thereof, shall at	18728
all times be free from taxation within the state.	18729

Sec. 166.25. (A) The director of development services, with	18730
the approval of the controlling board and subject to the other	18731
applicable provisions of this chapter, may lend money in the	18732
logistics and distribution infrastructure fund ~~and the logistics~~	18733
~~and distribution infrastructure taxable bond fund~~ to persons for	18734
the purpose of paying allowable costs of eligible logistics and	18735
distribution projects.	18736

(B) In determining the eligible logistics and distribution	18737
projects to be assisted and the nature, amount, and terms of	18738
assistance to be provided for an eligible logistics and	18739
distribution project, the director shall consult with appropriate	18740
governmental agencies, including the department of transportation	18741
and the Ohio rail development commission.	18742

(C) Any loan made pursuant to this section shall be evidenced	18743
by a loan agreement, which shall contain such terms as the	18744
director determines necessary or appropriate, including	18745
performance measures and reporting requirements. The director may	18746
take actions necessary or appropriate to collect or otherwise deal	18747
with any loan made under this section, including requiring a loan	18748
recipient to repay the amount of the loan plus interest at a rate	18749
of three per cent above the federal short term interest rate or	18750
any other rate determined by the director.	18751

Sec. 167.03. (A) The council shall have the power to:

18752

(1) Study such area governmental problems common to two or	18753
more members of the council as it deems appropriate, including but	18754
not limited to matters affecting health, safety, welfare,	18755
education, economic conditions, and regional development;	18756

(2) Promote cooperative arrangements and coordinate action	18757
among its members, and between its members and other agencies of	18758
local or state governments, whether or not within Ohio, and the	18759
federal government;	18760

(3) Make recommendations for review and action to the members	18761
and other public agencies that perform functions within the	18762
region;	18763

(4) Promote cooperative agreements and contracts among its	18764
members or other governmental agencies and private persons,	18765
corporations, or agencies;	18766

(5) Operate a public safety answering point in accordance	18767
with Chapter ~~5507~~128. of the Revised Code;	18768

(6) Perform planning directly by personnel of the council, or	18769
under contracts between the council and other public or private	18770
planning agencies.	18771

(B) The council may:

18772

(1) Review, evaluate, comment upon, and make recommendations,	18773
relative to the planning and programming, and the location,	18774
financing, and scheduling of public facility projects within the	18775
region and affecting the development of the area;	18776

(2) Act as an areawide agency to perform comprehensive	18777
planning for the programming, locating, financing, and scheduling	18778
of public facility projects within the region and affecting the	18779
development of the area and for other proposed land development or	18780
uses, which projects or uses have public metropolitan wide or	18781
interjurisdictional significance;	18782

(3) Act as an agency for coordinating, based on metropolitan	18783
wide comprehensive planning and programming, local public	18784
policies, and activities affecting the development of the region	18785
or area.	18786

(C) The council may, by appropriate action of the governing	18787
bodies of the members, perform such other functions and duties as	18788
are performed or capable of performance by the members and	18789
necessary or desirable for dealing with problems of mutual	18790
concern.	18791

(D) The authority granted to the council by this section or	18792
in any agreement by the members thereof shall not displace any	18793
existing municipal, county, regional, or other planning commission	18794
or planning agency in the exercise of its statutory powers.	18795

Sec. 169.02. Subject to division (B) of section 169.01 of	18796
the Revised Code, the following constitute unclaimed funds:	18797

(A) Except as provided in division (R) of this section, any	18798
demand, savings, or matured time deposit account, or matured	18799
certificate of deposit, together with any interest or dividend on	18800
it, less any lawful claims, that is held or owed by a holder which	18801
is a financial organization, unclaimed for a period of five years;	18802

(B) Any funds paid toward the purchase of withdrawable shares	18803
or other interest in a financial organization, and any interest or	18804
dividends on them, less any lawful claims, that is held or owed by	18805
a holder which is a financial organization, unclaimed for a period	18806
of five years;	18807

(C) Except as provided in division (A) of section 3903.45 of	18808
the Revised Code, moneys held or owed by a holder, including a	18809
fraternal association, providing life insurance, including annuity	18810
or endowment coverage, unclaimed for three years after becoming	18811
payable as established from the records of such holder under any	18812
life or endowment insurance policy or annuity contract that has	18813
matured or terminated. An insurance policy, the proceeds of which	18814
are payable on the death of the insured, not matured by proof of	18815
death of the insured is deemed matured and the proceeds payable if	18816
such policy was in force when the insured attained the limiting	18817
age under the mortality table on which the reserve is based.	18818

Moneys otherwise payable according to the records of such	18819
holder are deemed payable although the policy or contract has not	18820
been surrendered as required.	18821

(D) Any deposit made to secure payment or any sum paid in	18822
advance for utility services of a public utility and any amount	18823
refundable from rates or charges collected by a public utility for	18824
utility services held or owed by a holder, less any lawful claims,	18825
that has remained unclaimed for one year after the termination of	18826
the services for which the deposit or advance payment was made or	18827
one year from the date the refund was payable, whichever is	18828
earlier;	18829

(E) Except as provided in division (R) of this section, any	18830
certificates, securities as defined in section 1707.01 of the	18831
Revised Code, nonwithdrawable shares, other instruments evidencing	18832
ownership, or rights to them or funds paid toward the purchase of	18833
them, or any dividend, capital credit, profit, distribution,	18834
interest, or payment on principal or other sum, held or owed by a	18835
holder, including funds deposited with a fiscal agent or fiduciary	18836
for payment of them, and instruments representing an ownership	18837
interest, unclaimed for five years. Any underlying share or other	18838
intangible instrument representing an ownership interest in a	18839
business association, in which the issuer has recorded on its	18840
books the issuance of the share but has been unable to deliver the	18841
certificate to the shareholder, constitutes unclaimed funds if	18842
such underlying share is unclaimed for five years. In addition, an	18843
underlying share constitutes unclaimed funds if a dividend,	18844
distribution, or other sum payable as a result of the underlying	18845
share has remained unclaimed by the owner for five years.	18846

This division shall not prejudice the rights of fiscal agents	18847
or fiduciaries for payment to return the items described in this	18848
division to their principals, according to the terms of an agency	18849
or fiduciary agreement, but such a return shall constitute the	18850
principal as the holder of the items and shall not interrupt the	18851
period for computing the time for which the items have remained	18852
unclaimed.	18853

In the case of any such funds accruing and held or owed by a	18854
corporation under division (E) of section 1701.24 of the Revised	18855
Code, such corporation shall comply with this chapter, subject to	18856
the limitation contained in section 1701.34 of the Revised Code.	18857
The period of time for which such funds have gone unclaimed	18858
specified in section 1701.34 of the Revised Code shall be	18859
computed, with respect to dividends or distributions, commencing	18860
as of the dates when such dividends or distributions would have	18861
been payable to the shareholder had such shareholder surrendered	18862
the certificates for cancellation and exchange by the date	18863
specified in the order relating to them.	18864

Capital credits of a cooperative which after January 1, 1972,	18865
have been allocated to members and which by agreement are	18866
expressly required to be paid if claimed after death of the owner	18867
are deemed payable, for the purpose of this chapter, fifteen years	18868
after either the termination of service by the cooperative to the	18869
owner or upon the nonactivity as provided in division (B) of	18870
section 169.01 of the Revised Code, whichever occurs later,	18871
provided that this provision does not apply if the payment is not	18872
mandatory.	18873

(F) Any sum payable on certified checks or other written	18874
instruments certified or issued and representing funds held or	18875
owed by a holder, less any lawful claims, that are unclaimed for	18876
five years from the date payable or from the date of issuance if	18877
payable on demand; except that the unclaimed period for money	18878
orders that are not third party bank checks is seven years, and	18879
the unclaimed period for traveler's checks is fifteen years, from	18880
the date payable or from the date of issuance if payable on	18881
demand.	18882

As used in this division, "written instruments" include, but	18883
are not limited to, certified checks, cashier's checks, bills of	18884
exchange, letters of credit, drafts, money orders, and traveler's	18885
checks.	18886

If there is no address of record for the owner or other	18887
person entitled to the funds, such address is presumed to be the	18888
address where the instrument was certified or issued.	18889

(G) Except as provided in division (R) of this section, all	18890
moneys, rights to moneys, or other intangible property, arising	18891
out of the business of engaging in the purchase or sale of	18892
securities, or otherwise dealing in intangibles, less any lawful	18893
claims, that are held or owed by a holder and are unclaimed for	18894
five years from the date of transaction.	18895

(H) Except as provided in division (A) of section 3903.45 of	18896
the Revised Code, all moneys, rights to moneys, and other	18897
intangible property distributable in the course of dissolution or	18898
liquidation of a holder that are unclaimed for one year after the	18899
date set by the holder for distribution;	18900

(I) All moneys, rights to moneys, or other intangible	18901
property removed from a safe-deposit box or other safekeeping	18902
repository located in this state or removed from a safe-deposit	18903
box or other safekeeping repository of a holder, on which the	18904
lease or rental period has expired, or any amount arising from the	18905
sale of such property, less any lawful claims, that are unclaimed	18906
for three years from the date on which the lease or rental period	18907
expired;	18908

(J) Subject to division (M)(2) of this section, all moneys,	18909
rights to moneys, or other intangible property, and any income or	18910
increment on them, held or owed by a holder which is a fiduciary	18911
for the benefit of another, or a fiduciary or custodian of a	18912
qualified retirement plan or individual retirement arrangement	18913
under section 401 or 408 of the Internal Revenue Code, unclaimed	18914
for three years after the final date for distribution;	18915

(K) All moneys, rights to moneys, or other intangible	18916
property held or owed in this state or held for or owed to an	18917
owner whose last known address is within this state, by the United	18918
States government or any state, as those terms are described in	18919
division (E) of section 169.01 of the Revised Code, unclaimed by	18920
the owner for three years, excluding any property in the control	18921
of any court in a proceeding in which a final adjudication has not	18922
been made;	18923

(L) Amounts payable pursuant to the terms of any policy of	18924
insurance, other than life insurance, or any refund available	18925
under such a policy, held or owed by any holder, unclaimed for	18926
three years from the date payable or distributable;	18927

(M)(1) Subject to division (M)(2) of this section, any funds	18928
constituting rents or lease payments due, any deposit made to	18929
secure payment of rents or leases, or any sum paid in advance for	18930
rents, leases, possible damage to property, unused services,	18931
performance requirements, or any other purpose, held or owed by a	18932
holder unclaimed for one year;	18933

(2) Any escrow funds, security deposits, or other moneys that	18934
are received by a licensed broker in a fiduciary capacity and	18935
that, pursuant to division (A)(26) of section 4735.18 of the	18936
Revised Code, are required to be deposited into and maintained in	18937
a special or trust, noninterest-bearing bank account separate and	18938
distinct from any personal or other account of the licensed	18939
broker, held or owed by the licensed broker unclaimed for two	18940
years.	18941

(N) Any sum greater than fifty dollars payable as wages, any	18942
sum payable as salaries or commissions, any sum payable for	18943
services rendered, funds owed or held as royalties, oil and	18944
mineral proceeds, funds held for or owed to suppliers, and moneys	18945
owed under pension and profit-sharing plans, held or owed by any	18946
holder unclaimed for one year from date payable or distributable,	18947
and all other credits held or owed, or to be refunded to a retail	18948
customer, by any holder unclaimed for three years from date	18949
payable or distributable;	18950

(O) Amounts held in respect of or represented by lay-aways	18951
sold after January 1, 1972, less any lawful claims, when such	18952
lay-aways are unclaimed for three years after the sale of them;	18953

(P) All moneys, rights to moneys, and other intangible	18954
property not otherwise constituted as unclaimed funds by this	18955
section, including any income or increment on them, less any	18956
lawful claims, which are held or owed by any holder, other than a	18957
holder which holds a permit issued pursuant to Chapter 3769. of	18958
the Revised Code, and which have remained unclaimed for three	18959
years after becoming payable or distributable;	18960

(Q) All moneys that arise out of a sale held pursuant to	18961
section 5322.03 of the Revised Code, that are held by a holder for	18962
delivery on demand to the appropriate person pursuant to division	18963
(I) of that section, and that are unclaimed for two years after	18964
the date of the sale.	18965

(R)(1) Any funds that are subject to an agreement between the	18966
holder and owner providing for automatic reinvestment and that	18967
constitute dividends, distributions, or other sums held or owed by	18968
a holder in connection with a security as defined in section	18969
1707.01 of the Revised Code, an ownership interest in an	18970
investment company registered under the "Investment Company Act of	18971
1940," 54 Stat. 789, 15 U.S.C. 80a-1, as amended, or a certificate	18972
of deposit, unclaimed for a period of five years.	18973

(2) The five-year period under division (R)(1) of this	18974
section commences from the date a second shareholder notification	18975
or communication mailing to the owner of the funds is returned to	18976
the holder as undeliverable by the United States postal service or	18977
other carrier. The notification or communication mailing by the	18978
holder shall be no less frequent than quarterly.	18979

All moneys in a personal allowance account, as defined by	18980
rules adopted by the medicaid director ~~of job and family services~~,	18981
up to and including the maximum resource limitation, of a medicaid	18982
~~patient~~recipient who has died after receiving care in a long-term	18983
care facility, and for whom there is no identifiable heir or	18984
sponsor, are not subject to this chapter.	18985

Sec. 169.05. (A) Every holder required to file a report	18986
under section 169.03 of the Revised Code shall, at the time of	18987
filing, pay to the director of commerce ten per cent of the	18988
aggregate amount of unclaimed funds as shown on the report, except	18989
for aggregate amounts of fifty dollars or less in which case one	18990
hundred per cent shall be paid. The funds may be deposited by the	18991
director in the state treasury to the credit of the unclaimed	18992
funds trust fund, which is hereby created, or placed with a	18993
financial organization. Any interest earned on money in the trust	18994
fund shall be credited to the trust fund. The remainder of the	18995
aggregate amount of unclaimed funds as shown on the report, plus	18996
earnings accrued to date of payment to the director, shall, at the	18997
option of the director, be retained by the holder or paid to the	18998
director for deposit as agent for the mortgage funds with a	18999
financial organization as defined in section 169.01 of the Revised	19000
Code, with the funds to be in income-bearing accounts to the	19001
credit of the mortgage funds, or the holder may enter into an	19002
agreement with the director specifying the obligations of the	19003
United States in which funds are to be invested, and agree to pay	19004
the interest on the obligations to the state. Holders retaining	19005
any funds not in obligations of the United States shall enter into	19006
an agreement with the director specifying the classification of	19007
income-bearing account in which the funds will be held and pay the	19008
state interest on the funds at a rate equal to the prevailing	19009
market rate for similar funds. Moneys that the holder is required	19010
to pay to the director rather than to retain may be deposited with	19011
the treasurer of state, or placed with a financial organization.	19012

Securities and other intangible property transferred to the	19013
director shall, within a reasonable time, be converted to cash and	19014
the proceeds deposited as provided for other funds.	19015

One-half of the funds evidenced by agreements, in	19016
income-bearing accounts, or on deposit with the treasurer of state	19017
shall be allocated on the records of the director to the mortgage	19018
insurance fund created by section 122.561 of the Revised Code. Out	19019
of the remaining half, after allocation of sufficient moneys to	19020
the minority business bonding fund to meet the provisions of	19021
division (B) of this section, the remainder shall be allocated on	19022
the records of the director to the housing development fund	19023
created by division (A) of section 175.11 of the Revised Code.	19024

(B) The director shall serve as agent for the director of	19025
development and as agent for the Ohio housing finance agency in	19026
making deposits and withdrawals and maintaining records pertaining	19027
to the minority business bonding fund created by section 122.88 of	19028
the Revised Code, the mortgage insurance fund, and the housing	19029
development fund created by section 175.11 of the Revised Code.	19030
Funds from the mortgage insurance fund are available to the	19031
director of development when those funds are to be disbursed to	19032
prevent or cure, or upon the occurrence of, a default of a	19033
mortgage insured pursuant to section 122.451 of the Revised Code.	19034
Funds from the housing development fund are available upon request	19035
to the Ohio housing finance agency, in an amount not to exceed the	19036
funds allocated on the records of the director, for the purposes	19037
of section 175.05 of the Revised Code. Funds from the minority	19038
business bonding fund are available to the director of development	19039
upon request to pay obligations on bonds the director writes	19040
pursuant to section 122.88 of the Revised Code; except that,	19041
unless the general assembly authorizes additional amounts, the	19042
total maximum amount of moneys that may be allocated to the	19043
minority business bonding fund under this division is ten million	19044
dollars.	19045

When funds are to be disbursed, the appropriate agency shall	19046
call upon the director to transfer the necessary funds to it. The	19047
director shall first withdraw the funds paid by the holders and	19048
deposited with the treasurer of state or in a financial	19049
institution as agent for the funds. Whenever these funds are	19050
inadequate to meet the request, the director shall provide for a	19051
withdrawal of funds, within a reasonable time and in the amount	19052
necessary to meet the request, from financial institutions in	19053
which the funds were retained or placed by a holder and from other	19054
holders who have retained funds, in an equitable manner as the	19055
director prescribes. In the event that the amount to be withdrawn	19056
from any one holder is less than five hundred dollars, the amount	19057
to be withdrawn is at the director's discretion. The director	19058
shall then transfer to the agency the amount of funds requested.	19059

Funds deposited in the unclaimed funds trust fund are subject	19060
to call by the director when necessary to pay claims the director	19061
allows under section 169.08 of the Revised Code, in accordance	19062
with the director's rules, to defray the necessary costs of making	19063
publications this chapter requires and to pay other operating and	19064
administrative expenses the department of commerce incurs in the	19065
administration and enforcement of this chapter.	19066

The unclaimed funds trust fund shall be assessed a	19067
proportionate share of the administrative costs of the department	19068
of commerce in accordance with procedures the director of commerce	19069
prescribes and the director of budget and management approves. The	19070
assessment shall be paid from the unclaimed funds trust fund to	19071
the division of administration fund.	19072

(C) Earnings on the accounts in financial organizations to	19073
the credit of the mortgage funds shall, at the option of the	19074
financial organization, be credited to the accounts at times and	19075
at rates as earnings are paid on other accounts of the same	19076
classification held in the financial organization or paid to the	19077
director. The director shall be notified annually, and at other	19078
times as the director may request, of the amount of the earnings	19079
credited to the accounts. Interest on unclaimed funds a holder	19080
retains shall be paid to the director or credited as specified in	19081
the agreement under which the organization retains the funds.	19082
Interest payable to the director under an agreement to invest	19083
unclaimed funds ~~and~~in income-bearing accounts or obligations of	19084
the United States shall be paid annually by the holder to the	19085
director. Any earnings or interest the director receives under	19086
this division shall be deposited in and credited to the mortgage	19087
funds.	19088

Sec. 169.07. (A) Upon the payment of unclaimed funds to the	19089
director of commerce under section 169.05 of the Revised Code the	19090
holder will be relieved of further responsibility for the	19091
safe-keeping thereof and will be held harmless by the state from	19092
any and all liabilities for any claim arising out of the transfer	19093
of such funds to the state.	19094

(B) If legal proceedings are instituted against a holder	19095
which has paid unclaimed funds to the director or entered into an	19096
agreement as provided in section 169.05 of the Revised Code in	19097
respect to such funds, such holder shall notify the director in	19098
writing of the pendency of such proceedings and the director shall	19099
intervene and assume the defense of such proceedings. Failure to	19100
give such notice shall absolve the state from any and all	19101
liability which it may have with regard to such funds. If judgment	19102
is entered against such holder, the director shall, upon proof of	19103
satisfaction of such judgment, forthwith reimburse such	19104
organization for the amount of the judgment or enter into an	19105
agreement modified to reflect the satisfaction of such judgment,	19106
if the holder retained such funds, and shall reimburse such holder	19107
for any legal fees, costs and other expenses incurred in such	19108
proceedings in the manner provided for the payment of claims under	19109
~~division~~divisions (D) and (E) of section 169.08 of the Revised	19110
Code.	19111

Sec. 169.08. (A) The director shall pay to the owner or	19112
other person who has established the right to payment under this	19113
section, funds from the unclaimed funds trust fund in an amount	19114
equal to the amount of property delivered or reported to the	19115
director, or equal to the net proceeds if the securities or other	19116
property have been sold, together with interest earned by the	19117
state if required to be paid under division (D) of this section.	19118
Any person claiming a property interest in unclaimed funds	19119
delivered or reported to the state under Chapter 169. of the	19120
Revised Code, including the office of child support in the	19121
department of job and family services, pursuant to section 3123.88	19122
of the Revised Code, may file a claim thereto on the form	19123
prescribed by the director of commerce.	19124

(B) The director shall consider matters relevant to any claim	19125
filed under division (A) of this section and shall hold a formal	19126
hearing if requested or considered necessary and receive evidence	19127
concerning such claim. A finding and decision in writing on each	19128
claim filed shall be prepared, stating the substance of any	19129
evidence received or heard and the reasons for allowance or	19130
disallowance of the claim. The evidence and decision shall be a	19131
public record. No statute of limitations shall bar the allowance	19132
of a claim.	19133

(C) For the purpose of conducting any hearing, the director	19134
may require the attendance of such witnesses and the production of	19135
such books, records, and papers as the director desires, and the	19136
director may take the depositions of witnesses residing within or	19137
without this state in the same manner as is prescribed by law for	19138
the taking of depositions in civil actions in the court of common	19139
pleas, and for that purpose the director may issue a subpoena for	19140
any witness or a subpoena duces tecum to compel the production of	19141
any books, records, or papers, directed to the sheriff of the	19142
county where such witness resides or is found, which shall be	19143
served and returned. The fees of the sheriff shall be the same as	19144
that allowed in the court of common pleas in criminal cases.	19145
Witnesses shall be paid the fees and mileage provided for under	19146
section 119.094 of the Revised Code. Fees and mileage shall be	19147
paid from the unclaimed funds trust fund.	19148

(D) Interest ~~is not~~earned by the state shall be payable to	19149
claimants of unclaimed funds held by the state in accordance with	19150
final court orders derived from the Sogg v. Zurz, 121 Ohio St.3d	19151
449 (2009), line of cases and final settlement agreement	19152
determining payment of interest on unclaimed funds. For properties	19153
received by the state on or before July 26, 1991, interest shall	19154
be paid at a rate of six per cent per annum from the date the	19155
state received the property up to and including July 26, 1991. No	19156
interest shall be payable on any properties for the period from	19157
July 27, 1991, up to and including August 2, 2000. For properties	19158
held by the state on August 3, 2000, or after, interest shall be	19159
paid at the applicable required rate per annum for the period held	19160
from August 3, 2000, or the date of receipt, whichever is later,	19161
up to and including the date the claim is paid. ~~Claims~~	19162

(E) Claims shall be paid from the trust fund. If the amount	19163
available in the trust fund is not sufficient to pay pending	19164
claims, or other amounts disbursable from the trust fund, the	19165
treasurer of state shall certify such fact to the director, who	19166
shall then withdraw such amount of funds from the mortgage	19167
accounts as the director determines necessary to reestablish the	19168
trust fund to a level required to pay anticipated claims but not	19169
more than ten per cent of the net unclaimed funds reported to	19170
date.	19171

The director may withdraw the funds paid to the director by	19172
the holders and deposited by the director with the treasurer of	19173
state or in a financial institution as agent for such funds.	19174
Whenever these funds are inadequate to meet the requirements for	19175
the trust fund, the director shall provide for a withdrawal of	19176
funds, within a reasonable time, in such amount as is necessary to	19177
meet the requirements, from financial institutions in which such	19178
funds were retained or placed by a holder and from other holders	19179
who have retained funds, in an equitable manner as prescribed by	19180
the director. In the event that the amount to be withdrawn from	19181
any one such holder is less than five hundred dollars, the amount	19182
to be withdrawn shall be at the discretion of the director. Such	19183
funds may be reimbursed in the amounts withdrawn when the trust	19184
fund has a surplus over the amount required to pay anticipated	19185
claims. Whenever the trust fund has a surplus over the amount	19186
required to pay anticipated claims, the director may transfer such	19187
surplus to the mortgage accounts.	19188

~~(E)~~(F) If a claim which is allowed under this section relates	19189
to funds which have been retained by the reporting holder, and if	19190
the funds, on deposit with the treasurer of state pursuant to this	19191
chapter, are insufficient to pay claims, the director may notify	19192
such holder in writing of the payment of the claim and such holder	19193
shall immediately reimburse the state in the amount of such claim.	19194
The reimbursement shall be credited to the unclaimed funds trust	19195
fund.	19196

~~(F)~~(G) Any person, including the office of child support,	19197
adversely affected by a decision of the director may appeal such	19198
decision in the manner provided in Chapter 119. of the Revised	19199
Code.	19200

In the event the claimant prevails, the claimant shall be	19201
reimbursed for reasonable attorney's fees and costs.	19202

~~(G)~~(H) Notwithstanding anything to the contrary in this	19203
chapter, any holder who has paid moneys to or entered into an	19204
agreement with the director pursuant to section 169.05 of the	19205
Revised Code on certified checks, cashiers' checks, bills of	19206
exchange, letters of credit, drafts, money orders, or travelers'	19207
checks, may make payment to any person entitled thereto, including	19208
the office of child support, and upon surrender of the document,	19209
except in the case of travelers' checks, and proof of such	19210
payment, the director shall reimburse the holder for such payment	19211
without interest.	19212

Sec. 171.05. The compensation of all employees of the Ohio	19213
retirement study council and other expenses of the council shall	19214
be paid upon vouchers approved by the director and the chairperson	19215
of the council.	19216

The public employees retirement system, state teachers	19217
retirement system, school employees retirement system, state	19218
highway patrol retirement system, and Ohio police and fire pension	19219
fund shall pay the annual expenses of the council. The council	19220
shall prepare and submit to the retirement boards on or before the	19221
thirtieth day of June of each year an itemized estimate of the	19222
amounts necessary to pay the expenses of the council during the	19223
following year. Such expenses shall be charged to and paid by each	19224
of the retirement systems in the same ratio as the assets of each	19225
system, as of the preceding January first, bear to the total	19226
assets of all five systems on that date. The systems shall pay the	19227
expenses required under this section by electronic funds transfer	19228
or any other method or device of electronic payment.	19229

The council shall establish policies and procedures for	19230
purchasing goods and services on a competitive basis and	19231
maintaining tangible personal property. The policies and	19232
procedures shall be designed to safeguard the use of funds	19233
received by the council. An audit performed under Chapter 117. of	19234
the Revised Code shall include a determination of the council's	19235
compliance with the policies and procedures.	19236

The council is not subject to Chapters 123., 124., 125.,	19237
126., and 127. of the Revised Code.	19238

The treasurer of state shall be the custodian of all funds of	19239
the council.	19240

Sec. 173.03. (A) There is hereby created the Ohio advisory	19241
council for the aging, which shall consist of twelve members to be	19242
appointed by the governor with the advice and consent of the	19243
senate. Two ex officio members of the council shall be members of	19244
the house of representatives appointed by the speaker of the house	19245
of representatives and shall be members of two different political	19246
parties. Two ex officio members of the council shall be members of	19247
the senate appointed by the president of the senate and shall be	19248
members of two different political parties. The medicaid director	19249
and directors of ~~mental health~~mental health and addiction	19250
services, developmental disabilities, health, and job and family	19251
services, or their designees, shall serve as ex officio members of	19252
the council. The council shall carry out its role as defined under	19253
the "Older Americans Act of 1965," 79 Stat. 219, 42 U.S.C. 3001,	19254
as amended.	19255

At the first meeting of the council, and annually thereafter,	19256
the members shall select one of their members to serve as	19257
chairperson and one of their members to serve as vice-chairperson.	19258

(B) Members of the council shall be appointed for a term of	19259
three years, except that for the first appointment members of the	19260
Ohio commission on aging who were serving on the commission	19261
immediately prior to July 26, 1984, shall become members of the	19262
council for the remainder of their unexpired terms. Thereafter,	19263
appointment to the council shall be for a three-year term by the	19264
governor. Each member shall hold office from the date of	19265
appointment until the end of the term for which the member was	19266
appointed. Any member appointed to fill a vacancy occurring prior	19267
to the expiration of the term for which the member's predecessor	19268
was appointed shall hold office for the remainder of the term. No	19269
member shall continue in office subsequent to the expiration date	19270
of the member's term unless reappointed under the provisions of	19271
this section, and no member shall serve more than three	19272
consecutive terms on the council.	19273

(C) Membership of the council shall represent all areas of	19274
Ohio and shall be as follows:	19275

(1) A majority of members of the council shall have attained	19276
the age of ~~sixty~~fifty and have a knowledge of and continuing	19277
interest in the affairs and welfare of the older citizens of Ohio.	19278
The fields of business, labor, health, law, and human services	19279
shall be represented in the membership.	19280

(2) No more than seven members shall be of the same political	19281
party.	19282

(D) Any member of the council may be removed from office by	19283
the governor for neglect of duty, misconduct, or malfeasance in	19284
office after being informed in writing of the charges and afforded	19285
an opportunity for a hearing. Two consecutive unexcused absences	19286
from regularly scheduled meetings constitute neglect of duty.	19287

(E) The director of aging may reimburse a member for actual	19288
and necessary traveling and other expenses incurred in the	19289
discharge of official duties. But reimbursement shall be made in	19290
the manner and at rates that do not exceed those prescribed by the	19291
director of budget and management for any officer, member, or	19292
employee of, or consultant to, any state agency.	19293

(F) Council members are not limited as to the number of terms	19294
they may serve.	19295

(G)(1) The department of aging may award grants to or enter	19296
into contracts with a member of the advisory council or an entity	19297
that the member represents if any of the following apply:	19298

(a) The department determines that the member or the entity	19299
the member represents is capable of providing the goods or	19300
services specified under the terms of the grant or contract.	19301

(b) The member has not taken part in any discussion or vote	19302
of the council related to whether the council should recommend	19303
that the department of aging award the grant to or enter into the	19304
contract with the member of the advisory council or the entity	19305
that the member represents.	19306

(2) A member of the advisory council is not in violation of	19307
Chapter 102. or section 2921.42 of the Revised Code with regard to	19308
receiving a grant or entering into a contract under this section	19309
if the conditions of division (G)(1)(a) and (b) of this section	19310
have been met.	19311

Sec. 173.14. As used in sections 173.14 to 173.27 of the	19312
Revised Code:	19313

(A)(1) Except as otherwise provided in division (A)(2) of	19314
this section, "long-term care facility" includes any residential	19315
facility that provides personal care services for more than	19316
twenty-four hours for one or more unrelated adults, including all	19317
of the following:	19318

(a) A "nursing home," "residential care facility," or "home	19319
for the aging" as defined in section 3721.01 of the Revised Code;	19320

(b) A facility authorized to provide extended care services	19321
under Title XVIII of the "Social Security Act," 49 Stat. 620	19322
(1935), 42 U.S.C. 301, as amended, including a long-term acute	19323
care hospital that provides medical and rehabilitative care to	19324
patients who require an average length of stay greater than	19325
twenty-five days and is classified by the centers for medicare and	19326
medicaid services as a long-term care hospital pursuant to 42	19327
C.F.R. 412.23(e);	19328

(c) A county home or district home operated pursuant to	19329
Chapter 5155. of the Revised Code;	19330

(d) A residential facility licensed under section ~~5119.22~~	19331
5119.34 of the Revised Code that provides accommodations,	19332
supervision, and personal care services for three to sixteen	19333
unrelated adults or accommodations and personal care services for	19334
only one or two adults who are ~~recipients under the~~receiving	19335
residential state supplement program;	19336

(e) A facility approved by the veterans administration under	19337
section 104(a) of the "Veterans Health Care Amendments of 1983,"	19338
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	19339
the placement and care of veterans.	19340

(2) "Long-term care facility" does not include a residential	19341
facility licensed under section 5123.19 of the Revised Code.	19342

(B) "Resident" means a resident of a long-term care facility	19343
and, where appropriate, includes a prospective, previous, or	19344
deceased resident of a long-term care facility.	19345

(C) "Community-based long-term care services" means health	19346
and social services provided to persons in their own homes or in	19347
community care settings, and includes any of the following:	19348

(1) Case management;

19349

(2) Home health care;

19350

(3) Homemaker services;

19351

(4) Chore services;

19352

(5) Respite care;

19353

(6) Adult day care;

19354

(7) Home-delivered meals;

19355

(8) Personal care;

19356

(9) Physical, occupational, and speech therapy;

19357

(10) Transportation;

19358

(11) Any other health and social services provided to persons	19359
that allow them to retain their independence in their own homes or	19360
in community care settings.	19361

(D) "Recipient" means a recipient of community-based	19362
long-term care services and, where appropriate, includes a	19363
prospective, previous, or deceased recipient of community-based	19364
long-term care services.	19365

(E) "Sponsor" means an adult relative, friend, or guardian	19366
who has an interest in or responsibility for the welfare of a	19367
resident or a recipient.	19368

(F) "Personal care services" has the same meaning as in	19369
section 3721.01 of the Revised Code.	19370

(G) "Regional long-term care ~~ombudsperson~~ombudsman program"	19371
means an entity, either public or private and nonprofit,	19372
designated as a regional long-term care ~~ombudsperson~~ombudsman	19373
program by the state long-term care ~~ombudsperson~~ombudsman.	19374

(H) "Representative of the office of the state long-term care	19375
~~ombudsperson~~ombudsman program" means the state long-term care	19376
~~ombudsperson~~ombudsman or a member of the ~~ombudsperson's~~	19377
ombudsman's staff, or a person certified as a representative of	19378
the office under section 173.21 of the Revised Code.	19379

(I) "Area agency on aging" means an area agency on aging	19380
established under the "Older Americans Act of 1965," 79 Stat. 219,	19381
42 U.S.C.A. 3001, as amended.	19382

Sec. 173.17. (A) The state long-term care ~~ombudsperson~~	19383
ombudsman shall do all of the following:	19384

(1) Appoint a staff and direct and administer the work of the	19385
staff;	19386

(2) Supervise the nursing home investigative unit established	19387
under division (I) of section 173.01 of the Revised Code;	19388

(3) Oversee the performance and operation of the office of	19389
the state long-term care ~~ombudsperson~~ombudsman program, including	19390
the operation of regional long-term care ~~ombudsperson~~ombudsman	19391
programs;	19392

(4) Establish and maintain a statewide uniform reporting	19393
system to collect and analyze information relating to complaints	19394
and conditions in long-term care facilities and complaints	19395
regarding the provision of community-based long-term care services	19396
for the purpose of identifying and resolving significant problems;	19397

(5) Provide for public forums to discuss concerns and	19398
problems relating to action, inaction, or decisions that may	19399
adversely affect the health, safety, welfare, or rights of	19400
residents and recipients of services by providers of long-term	19401
care and their representatives, public agencies and entities, and	19402
social service agencies. This may include any of the following:	19403
conducting public hearings; sponsoring workshops and conferences;	19404
holding meetings for the purpose of obtaining information about	19405
residents and recipients, discussing and publicizing their needs,	19406
and advocating solutions to their problems; and promoting the	19407
development of citizen organizations.	19408

(6) Encourage, cooperate with, and assist in the development	19409
and operation of services to provide current, objective, and	19410
verified information about long-term care;	19411

(7) Develop and implement, with the assistance of regional	19412
programs, a continuing program to publicize, through the media and	19413
civic organizations, the office, its purposes, and its methods of	19414
operation;	19415

(8) Maintain written descriptions of the duties and	19416
qualifications of representatives of the office;	19417

(9) Evaluate and make known concerns and issues regarding	19418
long-term care by doing all of the following:	19419

(a) Preparing an annual report containing information and	19420
findings regarding the types of problems experienced by residents	19421
and recipients and the complaints made by or on behalf of	19422
residents and recipients. The report shall include recommendations	19423
for policy, regulatory, and legislative changes to solve problems,	19424
resolve complaints, and improve the quality of care and life for	19425
residents and recipients and shall be submitted to the governor,	19426
the speaker of the house of representatives, the president of the	19427
senate, the directors of health and of job and family services,	19428
and the commissioner of the administration on aging of the United	19429
States department of health and human services.	19430

(b) Monitoring and analyzing the development and	19431
implementation of federal, state, and local laws, rules, and	19432
policies regarding long-term care services in this state and	19433
recommending to officials changes the office considers appropriate	19434
in these laws, rules, and policies;	19435

(c) Providing information and making recommendations to	19436
public agencies, members of the general assembly, and others	19437
regarding problems and concerns of residents and recipients.	19438

(10) Conduct training for employees and volunteers on	19439
~~ombudsperson's~~ombudsman's staff and for representatives of the	19440
office employed by regional programs;	19441

(11) Monitor the training of representatives of the office	19442
who provide volunteer services to regional programs, and provide	19443
technical assistance to the regional programs in conducting the	19444
training;	19445

(12) Issue certificates attesting to the successful	19446
completion of training and specifying the level of responsibility	19447
for which a representative of the office who has completed	19448
training is qualified;	19449

(13) Register as a residents' rights advocate with the	19450
department of health under division (B) of section 3701.07 of the	19451
Revised Code;	19452

(14) Perform other duties specified by the department of	19453
aging.	19454

(B) The state ~~ombudsperson~~ombudsman may delegate any of the	19455
~~ombudsperson's~~ombudsman's authority or duties under sections	19456
173.14 to 173.26 of the Revised Code to any member of the	19457
~~ombudsperson's~~ombudsman's staff. The state ~~ombudsperson~~ombudsman	19458
is responsible for any authority or duties the ~~ombudsperson~~	19459
ombudsman delegates.	19460

Sec. 173.19. (A) The office of the state long-term care	19461
~~ombudsperson~~ombudsman program, through the state long-term care	19462
~~ombudsperson~~ombudsman and the regional long-term care	19463
~~ombudsperson~~ombudsman programs, shall receive, investigate, and	19464
attempt to resolve complaints made by residents, recipients,	19465
sponsors, providers of long-term care, or any person acting on	19466
behalf of a resident or recipient, relating to either of the	19467
following:	19468

(1) The health, safety, welfare, or civil rights of a	19469
resident or recipient or any violation of a resident's rights	19470
described in sections 3721.10 to 3721.17 of the Revised Code;	19471

(2) Any action or inaction or decision by a provider of	19472
long-term care or representative of a provider, a governmental	19473
entity, or a private social service agency that may adversely	19474
affect the health, safety, welfare, or rights of a resident or	19475
recipient.	19476

(B) The department of aging shall adopt rules in accordance	19477
with Chapter 119. of the Revised Code regarding the handling of	19478
complaints received under this section, including procedures for	19479
conducting investigations of complaints. The rules shall include	19480
procedures to ensure that no representative of the office	19481
investigates any complaint involving a provider of long-term care	19482
with which the representative was once employed or associated.	19483

The state ~~ombudsperson~~ombudsman and regional programs shall	19484
establish procedures for handling complaints consistent with the	19485
department's rules. Complaints shall be dealt with in accordance	19486
with the procedures established under this division.	19487

(C) The office of the state long-term care ~~ombudsperson~~	19488
ombudsman program may decline to investigate any complaint if it	19489
determines any of the following:	19490

(1) That the complaint is frivolous, vexatious, or not made	19491
in good faith;	19492

(2) That the complaint was made so long after the occurrence	19493
of the incident on which it is based that it is no longer	19494
reasonable to conduct an investigation;	19495

(3) That an adequate investigation cannot be conducted	19496
because of insufficient funds, insufficient staff, lack of staff	19497
expertise, or any other reasonable factor that would result in an	19498
inadequate investigation despite a good faith effort;	19499

(4) That an investigation by the office would create a real	19500
or apparent conflict of interest.	19501

(D) If a regional long-term care ~~ombudsperson~~ombudsman	19502
program declines to investigate a complaint, it shall refer the	19503
complaint to the state long-term care ~~ombudsperson~~ombudsman.	19504

(E) Each complaint to be investigated by a regional program	19505
shall be assigned to a representative of the office of the state	19506
long-term care ~~ombudsperson~~ombudsman program. If the	19507
representative determines that the complaint is valid, the	19508
representative shall assist the parties in attempting to resolve	19509
it. If the representative is unable to resolve it, the	19510
representative shall refer the complaint to the state ~~ombudsperson~~	19511
ombudsman.	19512

In order to carry out the duties of sections 173.14 to 173.26	19513
of the Revised Code, a representative has the right to private	19514
communication with residents and their sponsors and access to	19515
long-term care facilities, including the right to tour resident	19516
areas unescorted and the right to tour facilities unescorted as	19517
reasonably necessary to the investigation of a complaint. Access	19518
to facilities shall be during reasonable hours or, during	19519
investigation of a complaint, at other times appropriate to the	19520
complaint.	19521

When community-based long-term care services are provided at	19522
a location other than the recipient's home, a representative has	19523
the right to private communication with the recipient and the	19524
recipient's sponsors and access to the community-based long-term	19525
care site, including the right to tour the site unescorted. Access	19526
to the site shall be during reasonable hours or, during the	19527
investigation of a complaint, at other times appropriate to the	19528
complaint.	19529

(F) The state ~~ombudsperson~~ombudsman shall determine whether	19530
complaints referred to the ~~ombudsperson~~ombudsman under division	19531
(D) or (E) of this section warrant investigation. The	19532
~~ombudsperson's~~ombudsman's determination in this matter is final.	19533

Sec. 173.20. (A) If consent is given and unless otherwise	19534
prohibited by law, a representative of the office of the state	19535
long-term care ombudsman program shall have access to any records,	19536
including medical records, of a resident or a recipient that are	19537
reasonably necessary for investigation of a complaint. Consent may	19538
be given in any of the following ways:	19539

(1) In writing by the resident or recipient;

19540

(2) Orally by the resident or recipient, witnessed in writing	19541
at the time it is given by one other person, and, if the records	19542
involved are being maintained by a long-term care provider, also	19543
by an employee of the long-term care provider designated under	19544
division (E)(1) of this section;	19545

(3) In writing by the guardian of the resident or recipient;

19546

(4) In writing by the attorney in fact of the resident or	19547
recipient, if the resident or recipient has authorized the	19548
attorney in fact to give such consent;	19549

(5) In writing by the executor or administrator of the estate	19550
of a deceased resident or recipient.	19551

(B) If consent to access to records is not refused by a	19552
resident or recipient or ~~his~~the resident's or recipient's legal	19553
representative but cannot be obtained and any of the following	19554
circumstances exist, a representative of the office of the state	19555
long-term care ombudsman program, on approval of the state	19556
long-term care ombudsman, may inspect the records of a resident or	19557
a recipient, including medical records, that are reasonably	19558
necessary for investigation of a complaint:	19559

(1) The resident or recipient is unable to express written or	19560
oral consent and there is no guardian or attorney in fact;	19561

(2) There is a guardian or attorney in fact, but hethe	19562
guardian or attorney in fact cannot be contacted within three	19563
working days;	19564

(3) There is a guardianship or durable power of attorney, but	19565
its existence is unknown by the long-term care provider and the	19566
representative of the office at the time of the investigation;	19567

(4) There is no executor or administrator of the estate of a	19568
deceased resident or recipient.	19569

(C) If a representative of the office of the state long-term	19570
care ombudsman program has been refused access to records by a	19571
guardian or attorney in fact, but has reasonable cause to believe	19572
that the guardian or attorney in fact is not acting in the best	19573
interests of the resident or recipient, the representative may, on	19574
approval of the state long-term care ombudsman, inspect the	19575
records of the resident or recipient, including medical records,	19576
that are reasonably necessary for investigation of a complaint.	19577

(D) A representative of the office of the state long-term	19578
care ombudsman program shall have access to any records of a	19579
long-term care provider reasonably necessary to an investigation	19580
conducted under this section, including but not limited to:	19581
incident reports, dietary records, policies and procedures of a	19582
facility required to be maintained under section ~~5111.21~~5165.06	19583
of the Revised Code, admission agreements, staffing schedules, any	19584
document depicting the actual staffing pattern of the provider,	19585
any financial records that are matters of public record, resident	19586
council and grievance committee minutes, and any waiting list	19587
maintained by a facility in accordance with section ~~5111.31~~	19588
5165.08 of the Revised Code, or any similar records or lists	19589
maintained by a provider of community-based long-term care	19590
services. Pursuant to division (E)(2) of this section, a	19591
representative shall be permitted to make or obtain copies of any	19592
of these records after giving the long-term care provider	19593
twenty-four hours' notice. A long-term care provider may impose a	19594
charge for providing copies of records under this division that	19595
does not exceed the actual and necessary expense of making the	19596
copies.	19597

The state ombudsman shall take whatever action is necessary	19598
to ensure that any copy of a record made or obtained under this	19599
division is returned to the long-term care provider no later than	19600
three years after the date the investigation for which the copy	19601
was made or obtained is completed.	19602

(E)(1) Each long-term care provider shall designate one or	19603
more of its employees to be responsible for witnessing the giving	19604
of oral consent under division (A) of this section. In the event	19605
that a designated employee is not available when a resident or	19606
recipient attempts to give oral consent, the provider shall	19607
designate another employee to witness the consent.	19608

(2) Each long-term care provider shall designate one or more	19609
of its employees to be responsible for releasing records for	19610
copying to representatives of the office of the long-term care	19611
ombudsman program who request permission to make or obtain copies	19612
of records specified in division (D) of this section. In the event	19613
that a designated employee is not available when a representative	19614
of the office makes the request, the long-term care provider shall	19615
designate another employee to release the records for copying.	19616

(F) A long-term care provider or any employee of such a	19617
provider is immune from civil or criminal liability or action	19618
taken pursuant to a professional disciplinary procedure for the	19619
release or disclosure of records to a representative of the office	19620
pursuant to this section.	19621

(G) A state or local government agency or entity with records	19622
relevant to a complaint or investigation being conducted by a	19623
representative of the office shall provide the representative	19624
access to the records.	19625

(H) The state ombudsman, with the approval of the director of	19626
aging, may issue a subpoena to compel any person hethe ombudsman	19627
reasonably believes may be able to provide information to appear	19628
before ~~him~~the ombudsman or ~~his~~the ombudsman's designee and give	19629
sworn testimony and to produce documents, books, records, papers,	19630
or other evidence the state ombudsman believes is relevant to the	19631
investigation. On the refusal of a witness to be sworn or to	19632
answer any question put to ~~him~~the witness, or if a person	19633
disobeys a subpoena, the ombudsman shall apply to the Franklin	19634
county court of common pleas for a contempt order, as in the case	19635
of disobedience of the requirements of a subpoena issued from the	19636
court, or a refusal to testify in the court.	19637

(I) The state ombudsman may petition the court of common	19638
pleas in the county in which a long-term care facility is located	19639
to issue an injunction against any long-term care facility in	19640
violation of sections 3721.10 to 3721.17 of the Revised Code.	19641

(J) Any suspected violation of Chapter 3721. of the Revised	19642
Code discovered during the course of an investigation may be	19643
reported to the department of health. Any suspected criminal	19644
violation discovered during the course of an investigation shall	19645
be reported to the attorney general or other appropriate law	19646
enforcement authorities.	19647

(K) The department of aging shall adopt rules in accordance	19648
with Chapter 119. of the Revised Code for referral by the state	19649
ombudsman and regional long-term care ombudsman programs of	19650
complaints to other public agencies or entities. A public agency	19651
or entity to which a complaint is referred shall keep the state	19652
ombudsman or regional program handling the complaint advised and	19653
notified in writing in a timely manner of the disposition of the	19654
complaint to the extent permitted by law.	19655

Sec. 173.21. (A) The office of the state long-term care	19656
~~ombudsperson~~ombudsman program, through the state long-term care	19657
~~ombudsperson~~ombudsman and the regional long-term care	19658
~~ombudsperson~~ombudsman programs, shall require each representative	19659
of the office to complete a training and certification program in	19660
accordance with this section and to meet the continuing education	19661
requirements established under this section.	19662

(B) The department of aging shall adopt rules under Chapter	19663
119. of the Revised Code specifying the content of training	19664
programs for representatives of the office of the state long-term	19665
care ~~ombudsperson~~ombudsman program. Training for representatives	19666
other than those who are volunteers providing services through	19667
regional long-term care ~~ombudsperson~~ombudsman programs shall	19668
include instruction regarding federal, state, and local laws,	19669
rules, and policies on long-term care facilities and	19670
community-based long-term care services; investigative techniques;	19671
and other topics considered relevant by the department and shall	19672
consist of the following:	19673

(1) A minimum of forty clock hours of basic instruction,	19674
which shall be completed before the trainee is permitted to handle	19675
complaints without the supervision of a representative of the	19676
office certified under this section;	19677

(2) An additional sixty clock hours of instruction, which	19678
shall be completed within the first fifteen months of employment;	19679

(3) An internship of twenty clock hours, which shall be	19680
completed within the first twenty-four months of employment,	19681
including instruction in, and observation of, basic nursing care	19682
and long-term care provider operations and procedures. The	19683
internship shall be performed at a site that has been approved as	19684
an internship site by the state long-term care ~~ombudsperson~~	19685
ombudsman.	19686

(4) One of the following, which shall be completed within the	19687
first twenty-four months of employment:	19688

(a) Observation of a survey conducted by the director of	19689
health to certify a nursing facility to ~~receive funds under~~	19690
~~sections 5111.20 to 5111.32 of the Revised Code~~participate in the	19691
medicaid program;	19692

(b) Observation of an inspection conducted by the director of	19693
~~mental health~~mental health and addiction services to license a	19694
residential facility under section ~~5119.22~~5119.34 of the Revised	19695
Code that provides accommodations, supervision, and personal care	19696
services for three to sixteen unrelated adults.	19697

(5) Any other training considered appropriate by the	19698
department.	19699

(C) ~~Persons~~Any person who for a period of at least six	19700
months prior to June 11, 1990, served as ~~ombudsmen~~an ombudsman	19701
through the long-term care ~~ombudsperson~~ombudsman program	19702
established by the department of aging under division (M) of	19703
section 173.01 of the Revised Code shall not be required to	19704
complete a training program. ~~These persons~~Such a person and	19705
persons who complete a training program shall take an examination	19706
administered by the department of aging. On attainment of a	19707
passing score, the person shall be certified by the department as	19708
a representative of the office. The department shall issue the	19709
person an identification card, which the representative shall show	19710
at the request of any person with whom the representative deals	19711
while performing the representative's duties and which shall be	19712
surrendered at the time the representative separates from the	19713
office.	19714

(D) The state ~~ombudsperson~~ombudsman and each regional	19715
program shall conduct training programs for volunteers on their	19716
respective staffs in accordance with the rules of the department	19717
of aging adopted under division (B) of this section. Training	19718
programs may be conducted that train volunteers to complete some,	19719
but not all, of the duties of a representative of the office. Each	19720
regional office shall bear the cost of training its	19721
representatives who are volunteers. On completion of a training	19722
program, the representative shall take an examination administered	19723
by the department of aging. On attainment of a passing score, a	19724
volunteer shall be certified by the department as a representative	19725
authorized to perform services specified in the certification. The	19726
department shall issue an identification card, which the	19727
representative shall show at the request of any person with whom	19728
the representative deals while performing the representative's	19729
duties and which shall be surrendered at the time the	19730
representative separates from the office. Except as a supervised	19731
part of a training program, no volunteer shall perform any duty	19732
unless he is certified as a representative having received	19733
appropriate training for that duty.	19734

(E) The state ~~ombudsperson~~ombudsman shall provide technical	19735
assistance to regional programs conducting training programs for	19736
volunteers and shall monitor the training programs.	19737

(F) Prior to scheduling an observation of a certification	19738
survey or licensing inspection for purposes of division (B)(4) of	19739
this section, the state ~~ombudsperson~~ombudsman shall obtain	19740
permission to have the survey or inspection observed from both the	19741
director of health and the long-term care facility at which the	19742
survey or inspection is to take place.	19743

(G) The department of aging shall establish continuing	19744
education requirements for representatives of the office.	19745

Sec. 173.23. (A) Representatives of the office of the state	19746
long-term care ~~ombudsperson~~ombudsman program are immune from	19747
civil or criminal liability for any action taken in the good faith	19748
performance of their official duties under sections 173.14 to	19749
173.26 of the Revised Code.	19750

(B) A person acting in good faith is immune from civil or	19751
criminal liability incident to any of the following: providing	19752
information to the office, participating in registration of a	19753
complaint with the office, participating in investigation of a	19754
complaint by the office, or participating in an administrative or	19755
judicial proceeding resulting from a complaint.	19756

(C) No person shall knowingly register a false complaint with	19757
the office, or knowingly swear or affirm the truth of a false	19758
complaint previously registered, when the statement is made with	19759
purpose to incriminate another.	19760

(D) The attorney general shall provide legal counsel to the	19761
office of the state long-term care ~~ombudsperson~~ombudsman program	19762
and to the regional long-term care ~~ombudsperson~~ombudsman	19763
programs. The attorney general shall represent any representative	19764
of the office and any representative of a regional program against	19765
whom any legal action is brought in connection with the	19766
representative's official duties under sections 173.14 to 173.26	19767
of the Revised Code.	19768

Sec. 173.25. The office of the state long-term care	19769
~~ombudsperson~~ombudsman program shall, in carrying out the	19770
provisions and purposes of sections 173.14 to 173.26 of the	19771
Revised Code, advise, consult, and cooperate with any agency,	19772
program, or other entity related to the purposes of the office.	19773
Any agency, program, or other entity related to the purposes of	19774
the office shall advise, consult, and cooperate with the office.	19775

The office shall attempt to establish effective coordination	19776
with government-sponsored programs that provide legal services to	19777
the elderly and with protective and advocacy programs for	19778
individuals with developmental disabilities, mental retardation,	19779
or mental illness.	19780

Sec. 173.26. (A) Each of the following facilities shall	19781
annually pay to the department of aging six dollars for each bed	19782
~~maintained by~~ the facility ~~for use by a resident~~was licensed or	19783
otherwise authorized to maintain during any part of the previous	19784
year:	19785

(1) Nursing homes,and residential care facilities, ~~and homes~~	19786
~~for the aging~~ as defined in section 3721.01 of the Revised Code;	19787

(2) Facilities authorized to provide extended care services	19788
under Title XVIII of the "Social Security Act," 49 Stat. 620	19789
(1935), 42 U.S.C. 301, as amended, including a long-term acute	19790
care hospital that provides medical and rehabilitative care to	19791
patients who require an average length of stay greater than	19792
twenty-five days and is classified by the centers for medicare and	19793
medicaid services as a long-term care hospital pursuant to 42	19794
C.F.R. 412.23(e);	19795

(3) County homes and district homes operated pursuant to	19796
Chapter 5155. of the Revised Code;	19797

(4) Residential facilities licensed under section ~~5119.22~~	19798
5119.34 of the Revised Code that provide accommodations,	19799
supervision, and personal care services for three to sixteen	19800
unrelated adults;	19801

(5) Facilities approved by the Veterans Administration under	19802
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	19803
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	19804
the placement and care of veterans.	19805

The department shall, by rule adopted in accordance with	19806
Chapter 119. of the Revised Code, establish deadlines for payments	19807
required by this section. A facility that fails, within ninety	19808
days after the established deadline, to pay a payment required by	19809
this section shall be assessed at two times the original invoiced	19810
payment.	19811

(B) All money collected under this section shall be deposited	19812
in the state treasury to the credit of the office of the state	19813
long-term care ~~ombudsperson~~ombudsman program fund, which is	19814
hereby created. Money credited to the fund shall be used solely to	19815
pay the costs of operating the regional long-term care	19816
~~ombudsperson~~ombudsman programs.	19817

(C) The state long-term care ~~ombudsperson~~ombudsman and the	19818
regional programs may solicit and receive contributions to support	19819
the operation of the office or a regional program, except that no	19820
contribution shall be solicited or accepted that would interfere	19821
with the independence or objectivity of the office or program.	19822

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

19823

(1) "Applicant" means a person who is under final	19824
consideration for employment ~~with the office of the state~~	19825
~~long-term care ombudsperson program~~by a responsible party in a	19826
full-time, part-time, or temporary position that involves	19827
providing ~~ombudsperson~~ombudsman services to residents and	19828
recipients. "Applicant" includes a person who is under final	19829
consideration for employment as the state long-term care	19830
~~ombudsperson~~ombudsman or the head of a regional long-term care	19831
~~ombudsperson~~ombudsman program. "Applicant" does not include a	19832
person seeking to provide ~~ombudsperson~~ombudsman services to	19833
residents and recipients as a volunteer without receiving or	19834
expecting to receive any form of remuneration other than	19835
reimbursement for actual expenses.	19836

(2) "Criminal records check" has the same meaning as in	19837
section 109.572 of the Revised Code.	19838

(3) "Disqualifying offense" means any of the offenses listed	19839
or described in divisions (A)(3)(a) to (e) of section 109.572 of	19840
the Revised Code.	19841

(4) "Employee" means a person employed by ~~the office of the~~	19842
~~state long-term care ombudsperson program~~a responsible party in a	19843
full-time, part-time, or temporary position that involves	19844
providing ~~ombudsperson~~ombudsman services to residents and	19845
recipients. "Employee" includes the person employed as the state	19846
long-term care ~~ombudsperson~~ombudsman and a person employed as the	19847
head of a regional long-term care ~~ombudsperson~~ombudsman program.	19848
"Employee" does not include a person who provides ~~ombudsperson~~	19849
ombudsman services to residents and recipients as a volunteer	19850
without receiving or expecting to receive any form of remuneration	19851
other than reimbursement for actual expenses.	19852

(5) "Responsible ~~entity~~party" means the following:

19853

(a) In the case of an applicant who is under final	19854
consideration for employment as the state long-term care	19855
~~ombudsperson~~ombudsman or the person employed as the state	19856
long-term care ~~ombudsperson~~ombudsman, the director of aging;	19857

(b) In the case of any other applicant who is under final	19858
consideration for employment with the state long-term care	19859
ombudsman program or any other employee of the state long-term	19860
care ombudsman program, the state long-term care ~~ombudsperson or~~	19861
~~the ombudsperson's designee~~ombudsman;	19862

(c) In the case of an applicant who is under final	19863
consideration for employment with a regional long-term care	19864
ombudsman program (including as the head of the regional program)	19865
or an employee of a regional long-term care ombudsman program	19866
(including the head of a regional program), the regional long-term	19867
care ombudsman program.	19868

(B) ~~The office of the state long-term care ombudsperson~~	19869
~~program~~A responsible party may not employ an applicant or	19870
continue to employ an employee in a position that involves	19871
providing ~~ombudsperson~~ombudsman services to residents and	19872
recipients if any of the following apply:	19873

(1) A review of the databases listed in division (D) of this	19874
section reveals any of the following:	19875

(a) That the applicant or employee is included in one or more	19876
of the databases listed in divisions (D)(1) to (5) of this	19877
section;	19878

(b) That there is in the state nurse aide registry	19879
established under section 3721.32 of the Revised Code a statement	19880
detailing findings by the director of health that the applicant or	19881
employee neglected or abused a long-term care facility or	19882
residential care facility resident or misappropriated property of	19883
such a resident;	19884

(c) That the applicant or employee is included in one or more	19885
of the databases, if any, specified in rules adopted under this	19886
section and the rules prohibit the ~~office~~responsible party from	19887
employing an applicant or continuing to employ an employee	19888
included in such a database in a position that involves providing	19889
~~ombudsperson~~ombudsman services to residents and recipients.	19890

(2) After the applicant or employee is provided, pursuant to	19891
division (E)(2)(a) of this section, a copy of the form prescribed	19892
pursuant to division (C)(1) of section 109.572 of the Revised Code	19893
and the standard impression sheet prescribed pursuant to division	19894
(C)(2) of that section, the applicant or employee fails to	19895
complete the form or provide the applicant's or employee's	19896
fingerprint impressions on the standard impression sheet.	19897

(3) ~~Except as provided~~Unless the applicant or employee meets	19898
standards specified in rules adopted under this section, the	19899
applicant or employee is found by a criminal records check	19900
required by this section to have been convicted of, pleaded guilty	19901
to, or been found eligible for intervention in lieu of conviction	19902
for a disqualifying offense.	19903

(C) ~~The~~A responsible ~~entity~~party or a responsible party's	19904
designee shall inform each applicant of both of the following at	19905
the time of the applicant's initial application for employment in	19906
a position that involves providing ~~ombudsperson~~ombudsman services	19907
to residents and recipients:	19908

(1) That a review of the databases listed in division (D) of	19909
this section will be conducted to determine whether the ~~office of~~	19910
~~the state long-term care ombudsperson program~~responsible party is	19911
prohibited by division (B)(1) of this section from employing the	19912
applicant in the position;	19913

(2) That, unless the database review reveals that the	19914
applicant may not be employed in the position, a criminal records	19915
check of the applicant will be conducted and the applicant is	19916
required to provide a set of the applicant's fingerprint	19917
impressions as part of the criminal records check.	19918

(D) As a condition of any applicant's being employed by ~~the~~	19919
~~office of the state long-term care ombudsperson program~~a	19920
responsible party in a position that involves providing	19921
~~ombudsperson~~ombudsman services to residents and recipients, the	19922
responsible ~~entity~~party or designee shall conduct a database	19923
review of the applicant in accordance with rules adopted under	19924
this section. If rules adopted under this section so require, the	19925
responsible ~~entity~~party or designee shall conduct a database	19926
review of an employee in accordance with the rules as a condition	19927
of the ~~office's~~responsible party continuing to employ the	19928
employee in a position that involves providing ~~ombudsperson~~	19929
ombudsman services to residents and recipients. A database review	19930
shall determine whether the applicant or employee is included in	19931
any of the following:	19932

(1) The excluded parties list system that is maintained by	19933
the United States general services administration pursuant to	19934
subpart 9.4 of the federal acquisition regulation and available at	19935
the federal web site known as the system for award management;	19936

(2) The list of excluded individuals and entities maintained	19937
by the office of inspector general in the United States department	19938
of health and human services pursuant to section 1128 of the	19939
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	19940
amended, and section 1156 of the "Social Security Act," 96 Stat.	19941
388 (1982), 42 U.S.C. 1320c-5, as amended;	19942

(3) The registry of MR/DD employees established under section	19943
5123.52 of the Revised Code;	19944

(4) The internet-based sex offender and child-victim offender	19945
database established under division (A)(11) of section 2950.13 of	19946
the Revised Code;	19947

(5) The internet-based database of inmates established under	19948
section 5120.66 of the Revised Code;	19949

(6) The state nurse aide registry established under section	19950
3721.32 of the Revised Code;	19951

(7) Any other database, if any, specified in rules adopted	19952
under this section.	19953

(E)(1) As a condition of any applicant's being employed by	19954
~~the office of the state long-term care ombudsperson program~~a	19955
responsible party in a position that involves providing	19956
~~ombudsperson~~ombudsman services to residents and recipients, the	19957
responsible ~~entity~~party or designee shall request that the	19958
superintendent of the bureau of criminal identification and	19959
investigation conduct a criminal records check of the applicant.	19960
If rules adopted under this section so require, the responsible	19961
~~entity~~party or designee shall request that the superintendent	19962
conduct a criminal records check of an employee at times specified	19963
in the rules as a condition of the ~~office's~~responsible party	19964
continuing to employ the employee in a position that involves	19965
providing ~~ombudsperson~~ombudsman services to residents and	19966
recipients. However, the responsible ~~entity~~party or designee is	19967
not required to request the criminal records check of the	19968
applicant or employee if the ~~office~~responsible party is	19969
prohibited by division (B)(1) of this section from employing the	19970
applicant or continuing to employ the employee in a position that	19971
involves providing ~~ombudsperson~~ombudsman services to residents	19972
and recipients. If an applicant or employee for whom a criminal	19973
records check request is required by this section does not present	19974
proof of having been a resident of this state for the five-year	19975
period immediately prior to the date the criminal records check is	19976
requested or provide evidence that within that five-year period	19977
the superintendent has requested information about the applicant	19978
or employee from the federal bureau of investigation in a criminal	19979
records check, the responsible ~~entity~~party or designee shall	19980
request that the superintendent obtain information from the	19981
federal bureau of investigation as part of the criminal records	19982
check. Even if an applicant or employee for whom a criminal	19983
records check request is required by this section presents proof	19984
of having been a resident of this state for the five-year period,	19985
the responsible ~~entity~~party or designee may request that the	19986
superintendent include information from the federal bureau of	19987
investigation in the criminal records check.	19988

(2) ~~The~~A responsible ~~entity~~party or designee shall do all	19989
of the following:	19990

(a) Provide to each applicant and employee for whom a	19991
criminal records check request is required by this section a copy	19992
of the form prescribed pursuant to division (C)(1) of section	19993
109.572 of the Revised Code and a standard impression sheet	19994
prescribed pursuant to division (C)(2) of that section;	19995

(b) Obtain the completed form and standard impression sheet	19996
from the applicant or employee;	19997

(c) Forward the completed form and standard impression sheet	19998
to the superintendent.	19999

(3) ~~The office of the state long-term care ombudsperson~~	20000
~~program~~A responsible party shall pay to the bureau of criminal	20001
identification and investigation the fee prescribed pursuant to	20002
division (C)(3) of section 109.572 of the Revised Code for each	20003
criminal records check the responsible ~~entity~~party or the	20004
responsible party's designee requests under this section. The	20005
~~office~~responsible party may charge an applicant a fee not	20006
exceeding the amount the ~~office~~responsible party pays to the	20007
bureau under this section if the responsible ~~entity~~party or	20008
designee notifies the applicant at the time of initial application	20009
for employment of the amount of the fee.	20010

(F)(1) ~~The office of the state long-term care ombudsperson~~	20011
~~program~~A responsible party may employ conditionally an applicant	20012
for whom a criminal records check is required by this section	20013
prior to obtaining the results of the criminal records check if	20014
both of the ~~office~~following apply:	20015

(a) The responsible party is not prohibited by division	20016
(B)(1) of this section from employing the applicant in a position	20017
that involves providing ~~ombudsperson~~ombudsman services to	20018
residents and recipients ~~and the~~;	20019

(b) The responsible ~~entity~~party or designee requests the	20020
criminal records check in accordance with division (E) of this	20021
section not later than five business days after the applicant	20022
begins conditional employment.	20023

(2) ~~The office of the state long-term care ombudsperson~~	20024
~~program~~A responsible party shall terminate the employment of an	20025
applicant employed conditionally under division (F)(1) of this	20026
section if the results of the criminal records check, other than	20027
the results of any request for information from the federal bureau	20028
of investigation, are not obtained within the period ending sixty	20029
days after the date the request for the criminal records check is	20030
made. Regardless of when the results of the criminal records check	20031
are obtained, if the results indicate that the applicant has been	20032
convicted of, pleaded guilty to, or been found eligible for	20033
intervention in lieu of conviction for a disqualifying offense,	20034
the ~~office~~responsible party shall terminate the applicant's	20035
employment unless ~~circumstances~~the applicant meets standards	20036
specified in rules adopted under this section that permit the	20037
~~office~~responsible party to employ the applicant ~~exist~~ and the	20038
~~office~~responsible party chooses to employ the applicant.	20039
Termination of employment under this division shall be considered	20040
just cause for discharge for purposes of division (D)(2) of	20041
section 4141.29 of the Revised Code if the applicant makes any	20042
attempt to deceive the ~~office~~responsible party or designee about	20043
the applicant's criminal record.	20044

(G) The report of any criminal records check conducted	20045
pursuant to a request made under this section is not a public	20046
record for the purposes of section 149.43 of the Revised Code and	20047
shall not be made available to any person other than the	20048
following:	20049

(1) The applicant or employee who is the subject of the	20050
criminal records check or the applicant's or employee's	20051
representative;	20052

(2) The responsible ~~entity~~party or ~~the responsible entity's~~	20053
~~representative~~designee;	20054

(3) ~~If the state long-term care ombudsperson designates the~~	20055
~~head or other employee of~~In the case of a criminal records check	20056
conducted for an applicant who is under final consideration for	20057
employment with a regional long-term care ~~ombudsperson~~ombudsman	20058
program ~~to request a criminal records check under this section~~	20059
(including as the head of the regional program) or an employee of	20060
a regional long-term care ombudsman program (including the head of	20061
a regional program), the state long-term care ombudsman or a	20062
representative of the office of the state long-term care	20063
~~ombudsperson~~ombudsman program who is responsible for monitoring	20064
the regional program's compliance with this section;	20065

(4) A court, hearing officer, or other necessary individual	20066
involved in a case dealing with any of the following:	20067

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

20068

(b) Employment or unemployment benefits of the applicant or	20069
employee;	20070

(c) A civil or criminal action regarding the medicaid program	20071
or a program the department of aging administers.	20072

(H) In a tort or other civil action for damages that is	20073
brought as the result of an injury, death, or loss to person or	20074
property caused by an applicant or employee who ~~the office of the~~	20075
~~state long-term care ombudsperson program~~a responsible party	20076
employs in a position that involves providing ~~ombudsperson~~	20077
ombudsman services to residents and recipients, all of the	20078
following shall apply:	20079

(1) If the ~~office~~responsible party employed the applicant or	20080
employee in good faith and reasonable reliance on the report of a	20081
criminal records check requested under this section, the ~~office~~	20082
responsible party shall not be found negligent solely because of	20083
its reliance on the report, even if the information in the report	20084
is determined later to have been incomplete or inaccurate.	20085

(2) If the ~~office~~responsible party employed the applicant in	20086
good faith on a conditional basis pursuant to division (F) of this	20087
section, the ~~office~~responsible party shall not be found	20088
negligent solely because it employed the applicant prior to	20089
receiving the report of a criminal records check requested under	20090
this section.	20091

(3) If the ~~office~~responsible party in good faith employed	20092
the applicant or employee ~~according to~~because the ~~personal~~	20093
~~character~~applicant or employee meets standards ~~established~~	20094
specified in rules adopted under this section, the ~~office~~	20095
responsible party shall not be found negligent solely because the	20096
applicant or employee has been convicted of, pleaded guilty to, or	20097
been found eligible for intervention in lieu of conviction for a	20098
disqualifying offense.	20099

(I) The state long-term care ombudsman may not act as the	20100
director of aging's designee for the purpose of this section. The	20101
head of a regional long-term care ombudsman program may not act as	20102
the regional program's designee for the purpose of this section if	20103
the head is the employee for whom a database review or criminal	20104
records check is being conducted.	20105

(J) The director of aging shall adopt rules in accordance	20106
with Chapter 119. of the Revised Code to implement this section.	20107

(1) The rules may do the following:

20108

(a) Require employees to undergo database reviews and	20109
criminal records checks under this section;	20110

(b) If the rules require employees to undergo database	20111
reviews and criminal records checks under this section, exempt one	20112
or more classes of employees from the requirements;	20113

(c) For the purpose of division (D)(7) of this section,	20114
specify other databases that are to be checked as part of a	20115
database review conducted under this section.	20116

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

20117

(a) The procedures for conducting database reviews under this	20118
section;	20119

(b) If the rules require employees to undergo database	20120
reviews and criminal records checks under this section, the times	20121
at which the database reviews and criminal records checks are to	20122
be conducted;	20123

(c) If the rules specify other databases to be checked as	20124
part of the database reviews, the circumstances under which ~~the~~	20125
~~office of the state long-term care ombudsperson program~~a	20126
responsible party is prohibited from employing an applicant or	20127
continuing to employ an employee who is found by a database review	20128
to be included in one or more of those databases;	20129

(d) ~~Circumstances under which the office of the state~~	20130
~~long-term care ombudsperson program may employ~~Standards that an	20131
applicant or employee ~~who~~must meet for a responsible party to be	20132
permitted to employ the applicant or continue to employ the	20133
employee in a position that involves providing ombudsman services	20134
to residents and recipients if the applicant or employee is found	20135
by a criminal records check required by this section to have been	20136
convicted of, pleaded guilty to, or been found eligible for	20137
intervention in lieu of conviction for a disqualifying offense	20138
~~but meets personal character standards~~.	20139

Sec. 173.28. (A)(1) As used in this division, "incident"	20140
means the occurrence of a violation with respect to a resident or	20141
recipient, as those terms are defined in section 173.14 of the	20142
Revised Code. A violation is a separate incident for each day it	20143
occurs and for each resident who is subject to it.	20144

In lieu of the fine that may be imposed under division (A) of	20145
section 173.99 of the Revised Code, the director of aging may,	20146
under Chapter 119. of the Revised Code, fine a long-term care	20147
provider or other entity, or a person employed by a long-term care	20148
provider or other entity, for a violation of division (C) of	20149
section 173.24 of the Revised Code. The fine shall not exceed one	20150
thousand dollars per incident.	20151

(2) In lieu of the fine that may be imposed under division	20152
(C) of section 173.99 of the Revised Code, the director may, under	20153
Chapter 119. of the Revised Code, fine a long-term care provider	20154
or other entity, or a person employed by a long-term care provider	20155
or other entity, for violating division (E) of section 173.19 of	20156
the Revised Code by denying a representative of the office of the	20157
state long-term care ~~ombudsperson~~ombudsman program the access	20158
required by that division. The fine shall not exceed five hundred	20159
dollars for each day the violation continued.	20160

(B) On request of the director, the attorney general shall	20161
bring and prosecute to judgment a civil action to collect any fine	20162
imposed under division (A)(1) or (2) of this section that remains	20163
unpaid thirty days after the violator's final appeal is exhausted.	20164

(C) All fines collected under this section shall be deposited	20165
into the state treasury to the credit of the state long-term care	20166
~~ombudsperson~~ombudsman program fund created under section 173.26	20167
of the Revised Code.	20168

~~Sec. 173.394.~~ Sec. 173.38. (A) As used in this section:

20169

(1) "Applicant" means a person who is under final	20170
consideration for employment with a ~~community-based long-term care~~	20171
~~agency~~responsible party in a full-time, part-time, or temporary	20172
direct-care position ~~that involves providing direct care to an~~	20173
~~individual~~ or is referred to a ~~community-based long-term care~~	20174
~~agency~~responsible party by an employment service for such a	20175
position. "Applicant" does not include a person ~~who provides~~	20176
~~direct care to an individual~~being considered for a direct-care	20177
position as a volunteer ~~without receiving or expecting to receive~~	20178
~~any form of remuneration other than reimbursement for actual~~	20179
~~expenses~~.	20180

(2) "Area agency on aging" has the same meaning as in section	20181
173.14 of the Revised Code.	20182

(3) "Community-based long-term care services" means	20183
community-based long-term care services, as defined in section	20184
173.14 of the Revised Code, that are provided under a program the	20185
department of aging administers.	20186

(4) "Consumer" means an individual who receives	20187
community-based long-term care services.	20188

(5) "Criminal records check" has the same meaning as in	20189
section 109.572 of the Revised Code.	20190

(6)(a) "Direct-care position" means an employment position in	20191
which an employee has either or both of the following:	20192

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

20193

(ii) Access to one or more consumers' personal property or	20194
records.	20195

(b) "Direct-care position" does not include a person whose	20196
sole duties are transporting individuals under Chapter 306. of the	20197
Revised Code.	20198

(7) "Disqualifying offense" means any of the offenses listed	20199
or described in divisions (A)(3)(a) to (e) of section 109.572 of	20200
the Revised Code.	20201

(8) "Employee" means a person employed by a ~~community-based~~	20202
~~long-term care agency~~responsible party in a full-time, part-time,	20203
or temporary direct-care position ~~that involves providing direct~~	20204
~~care to an individual~~ and a person who works in such a position	20205
due to being referred to a ~~community-based long-term care agency~~	20206
responsible party by an employment service. "Employee" does not	20207
include a person who ~~provides direct care to an individual~~works	20208
in a direct-care position as a volunteer ~~without receiving or~~	20209
~~expecting to receive any form of remuneration other than~~	20210
~~reimbursement for actual expenses~~.	20211

(9) "PASSPORT administrative agency" has the same meaning as	20212
in section 173.42 of the Revised Code.	20213

(10) "Provider" has the same meaning as in section 173.39 of	20214
the Revised Code.	20215

(11) "Responsible party" means the following:

20216

(a) An area agency on aging in the case of either of the	20217
following:	20218

(i) A person who is an applicant because the person is under	20219
final consideration for employment with the agency in a full-time,	20220
part-time, or temporary direct-care position or is referred to the	20221
agency by an employment service for such a position;	20222

(ii) A person who is an employee because the person is	20223
employed by the agency in a full-time, part-time, or temporary	20224
direct-care position or works in such a position due to being	20225
referred to the agency by an employment service.	20226

(b) A PASSPORT administrative agency in the case of either of	20227
the following:	20228

(i) A person who is an applicant because the person is under	20229
final consideration for employment with the agency in a full-time,	20230
part-time, or temporary direct-care position or is referred to the	20231
agency by an employment service for such a position;	20232

(ii) A person who is an employee because the person is	20233
employed by the agency in a full-time, part-time, or temporary	20234
direct-care position or works in such a position due to being	20235
referred to the agency by an employment service.	20236

20237

(i) A person who is an applicant because the person is under	20238
final consideration for employment with the provider in a	20239
full-time, part-time, or temporary direct-care position or is	20240
referred to the provider by an employment service for such a	20241
position;	20242

(ii) A person who is an employee because the person is	20243
employed by the provider in a full-time, part-time, or temporary	20244
direct-care position or works in such a position due to being	20245
referred to the provider by an employment service.	20246

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

20247

(i) A person who is an applicant because the person is under	20248
final consideration for employment with the subcontractor in a	20249
full-time, part-time, or temporary direct-care position or is	20250
referred to the subcontractor by an employment service for such a	20251
position;	20252

(ii) A person who is an employee because the person is	20253
employed by the subcontractor in a full-time, part-time, or	20254
temporary direct-care position or works in such a position due to	20255
being referred to the subcontractor by an employment service.	20256

(12) "Subcontractor" has the meaning specified in rules	20257
adopted under this section.	20258

(13) "Volunteer" means a person who serves in a direct-care	20259
position without receiving or expecting to receive any form of	20260
remuneration other than reimbursement for actual expenses.	20261

(14) "Waiver agency" has the same meaning as in section	20262
~~5111.033~~5164.342 of the Revised Code.	20263

(B) This section does not apply to any individual who is	20264
subject to a database review or criminal records check under	20265
section 3701.881 of the Revised Code or to any individual who is	20266
subject to a criminal records check under section 3721.121 of the	20267
Revised Code. If a ~~community-based long-term care agency~~provider	20268
or subcontractor also is a waiver agency, the ~~agency~~provider or	20269
subcontractor may provide for applicants and employees to undergo	20270
database reviews and criminal records checks in accordance with	20271
section ~~5111.033~~5164.342 of the Revised Code rather than this	20272
section.	20273

(C) No ~~community-based long-term care agency~~responsible	20274
party shall employ an applicant or continue to employ an employee	20275
in a direct-care position ~~that involves providing direct care to~~	20276
~~an individual~~ if any of the following apply:	20277

(1) A review of the databases listed in division (E) of this	20278
section reveals any of the following:	20279

(a) That the applicant or employee is included in one or more	20280
of the databases listed in divisions (E)(1) to (5) of this	20281
section;	20282

(b) That there is in the state nurse aide registry	20283
established under section 3721.32 of the Revised Code a statement	20284
detailing findings by the director of health that the applicant or	20285
employee neglected or abused a long-term care facility or	20286
residential care facility resident or misappropriated property of	20287
such a resident;	20288

(c) That the applicant or employee is included in one or more	20289
of the databases, if any, specified in rules adopted under this	20290
section and the rules prohibit the ~~agency~~responsible party from	20291
employing an applicant or continuing to employ an employee	20292
included in such a database in a direct-care position ~~that~~	20293
~~involves providing direct care to an individual~~.	20294

(2) After the applicant or employee is provided, pursuant to	20295
division (F)(2)(a) of this section, a copy of the form prescribed	20296
pursuant to division (C)(1) of section 109.572 of the Revised Code	20297
and the standard impression sheet prescribed pursuant to division	20298
(C)(2) of that section, the applicant or employee fails to	20299
complete the form or provide the applicant's or employee's	20300
fingerprint impressions on the standard impression sheet.	20301

(3) ~~Except as provided~~Unless the applicant or employee meets	20302
standards specified in rules adopted under this section, the	20303
applicant or employee is found by a criminal records check	20304
required by this section to have been convicted of, pleaded guilty	20305
to, or been found eligible for intervention in lieu of conviction	20306
for a disqualifying offense.	20307

(D) Except as provided by division (G) of this section, the	20308
chief administrator of a ~~community-based long-term care agency~~	20309
responsible party shall inform each applicant of both of the	20310
following at the time of the applicant's initial application for	20311
employment or referral to the ~~agency~~responsible party by an	20312
employment service for a direct-care position ~~that involves~~	20313
~~providing direct care to an individual~~:	20314

(1) That a review of the databases listed in division (E) of	20315
this section will be conducted to determine whether the ~~agency~~	20316
responsible party is prohibited by division (C)(1) of this section	20317
from employing the applicant in the direct-care position;	20318

(2) That, unless the database review reveals that the	20319
applicant may not be employed in the direct-care position, a	20320
criminal records check of the applicant will be conducted and the	20321
applicant is required to provide a set of the applicant's	20322
fingerprint impressions as part of the criminal records check.	20323

(E) As a condition of employing any applicant in a	20324
direct-care position ~~that involves providing direct care to an~~	20325
~~individual~~, the chief administrator of a ~~community-based long-term~~	20326
~~care agency~~responsible party shall conduct a database review of	20327
the applicant in accordance with rules adopted under this section.	20328
If rules adopted under this section so require, the chief	20329
administrator of a ~~community-based long-term care agency~~	20330
responsible party shall conduct a database review of an employee	20331
in accordance with the rules as a condition of continuing to	20332
employ the employee in a direct-care position ~~that involves~~	20333
~~providing direct care to an individual~~. However, a chief	20334
administrator is not required to conduct a database review of an	20335
applicant or employee if division (G) of this section applies. A	20336
database review shall determine whether the applicant or employee	20337
is included in any of the following:	20338

(1) The excluded parties list system that is maintained by	20339
the United States general services administration pursuant to	20340
subpart 9.4 of the federal acquisition regulation and available at	20341
the federal web site known as the system for award management;	20342

(2) The list of excluded individuals and entities maintained	20343
by the office of inspector general in the United States department	20344
of health and human services pursuant to ~~section 1128 of~~ the	20345
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	20346
1156, 42 U.S.C. 1320a-7~~, as amended,~~ and ~~section 1156 of the~~	20347
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~ 1320c-5~~, as~~	20348
~~amended~~;	20349

(3) The registry of MR/DD employees established under section	20350
5123.52 of the Revised Code;	20351

(4) The internet-based sex offender and child-victim offender	20352
database established under division (A)(11) of section 2950.13 of	20353
the Revised Code;	20354

(5) The internet-based database of inmates established under	20355
section 5120.66 of the Revised Code;	20356

(6) The state nurse aide registry established under section	20357
3721.32 of the Revised Code;	20358

(7) Any other database, if any, specified in rules adopted	20359
under this section.	20360

(F)(1) As a condition of employing any applicant in a	20361
direct-care position ~~that involves providing direct care to an~~	20362
~~individual~~, the chief administrator of a ~~community-based long-term~~	20363
~~care agency~~responsible party shall request that the	20364
superintendent of the bureau of criminal identification and	20365
investigation conduct a criminal records check of the applicant.	20366
If rules adopted under this section so require, the chief	20367
administrator of a ~~community-based long-term care agency~~	20368
responsible party shall request that the superintendent conduct a	20369
criminal records check of an employee at times specified in the	20370
rules as a condition of continuing to employ the employee in a	20371
direct-care position ~~that involves providing direct care to an~~	20372
~~individual~~. However, the chief administrator is not required to	20373
request the criminal records check of the applicant or employee if	20374
division (G) of this section applies or the ~~agency~~responsible	20375
party is prohibited by division (C)(1) of this section from	20376
employing the applicant or continuing to employ the employee in a	20377
direct-care position ~~that involves providing direct care to an~~	20378
~~individual~~. If an applicant or employee for whom a criminal	20379
records check request is required by this section does not present	20380
proof of having been a resident of this state for the five-year	20381
period immediately prior to the date the criminal records check is	20382
requested or provide evidence that within that five-year period	20383
the superintendent has requested information about the applicant	20384
or employee from the federal bureau of investigation in a criminal	20385
records check, the chief administrator shall request that the	20386
superintendent obtain information from the federal bureau of	20387
investigation as part of the criminal records check. Even if an	20388
applicant or employee for whom a criminal records check request is	20389
required by this section presents proof of having been a resident	20390
of this state for the five-year period, the chief administrator	20391
may request that the superintendent include information from the	20392
federal bureau of investigation in the criminal records check.	20393

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

20394

(a) Provide to each applicant and employee for whom a	20395
criminal records check request is required by this section a copy	20396
of the form prescribed pursuant to division (C)(1) of section	20397
109.572 of the Revised Code and a standard impression sheet	20398
prescribed pursuant to division (C)(2) of that section;	20399

(b) Obtain the completed form and standard impression sheet	20400
from the applicant or employee;	20401

(c) Forward the completed form and standard impression sheet	20402
to the superintendent.	20403

(3) A ~~community-based long-term care agency~~responsible party	20404
shall pay to the bureau of criminal identification and	20405
investigation the fee prescribed pursuant to division (C)(3) of	20406
section 109.572 of the Revised Code for each criminal records	20407
check the ~~agency~~responsible party requests under this section. An	20408
~~agency~~A responsible party may charge an applicant a fee not	20409
exceeding the amount the ~~agency~~responsible party pays to the	20410
bureau under this section if both of the following apply:	20411

(a) The ~~agency~~responsible party notifies the applicant at	20412
the time of initial application for employment of the amount of	20413
the fee and that, unless the fee is paid, the applicant will not	20414
be considered for employment.	20415

(b) The medicaid program ~~established under Chapter 5111. of~~	20416
~~the Revised Code~~ does not ~~reimburse~~pay the ~~agency~~responsible	20417
party for the fee it pays to the bureau under this section.	20418

(G) Divisions (D) to (F) of this section do not apply with	20419
regard to an applicant or employee if the applicant or employee is	20420
referred to a ~~community-based long-term agency~~responsible party	20421
by an employment service that supplies full-time, part-time, or	20422
temporary staff for direct-care positions ~~that involve providing~~	20423
~~direct care to an individual~~ and both of the following apply:	20424

(1) The chief administrator of the ~~agency~~responsible party	20425
receives from the employment service confirmation that a review of	20426
the databases listed in division (E) of this section was conducted	20427
of the applicant or employee.	20428

(2) The chief administrator of the ~~agency~~responsible party	20429
receives from the employment service, applicant, or employee a	20430
report of the results of a criminal records check of the applicant	20431
or employee that has been conducted by the superintendent within	20432
the one-year period immediately preceding the following:	20433

(a) In the case of an applicant, the date of the applicant's	20434
referral by the employment service to the ~~agency~~responsible	20435
party;	20436

(b) In the case of an employee, the date by which the ~~agency~~	20437
responsible party would otherwise have to request a criminal	20438
records check of the employee under division (F) of this section.	20439

(H)(1) A ~~community-based long-term care agency~~responsible	20440
party may employ conditionally an applicant for whom a criminal	20441
records check request is required by this section prior to	20442
obtaining the results of the criminal records check if the ~~agency~~	20443
responsible party is not prohibited by division (C)(1) of this	20444
section from employing the applicant in a direct-care position	20445
~~that involves providing direct care to an individual~~ and either of	20446
the following applies:	20447

(a) The chief administrator of the ~~agency~~responsible party	20448
requests the criminal records check in accordance with division	20449
(F) of this section not later than five business days after the	20450
applicant begins conditional employment.	20451

(b) The applicant is referred to the ~~agency~~responsible party	20452
by an employment service, the employment service or the applicant	20453
provides the chief administrator of the ~~agency~~responsible party a	20454
letter that is on the letterhead of the employment service, the	20455
letter is dated and signed by a supervisor or another designated	20456
official of the employment service, and the letter states all of	20457
the following:	20458

(i) That the employment service has requested the	20459
superintendent to conduct a criminal records check regarding the	20460
applicant;	20461

(ii) That the requested criminal records check is to include	20462
a determination of whether the applicant has been convicted of,	20463
pleaded guilty to, or been found eligible for intervention in lieu	20464
of conviction for a disqualifying offense;	20465

(iii) That the employment service has not received the	20466
results of the criminal records check as of the date set forth on	20467
the letter;	20468

(iv) That the employment service promptly will send a copy of	20469
the results of the criminal records check to the chief	20470
administrator of the ~~agency~~responsible party when the employment	20471
service receives the results.	20472

(2) If a ~~community-based long-term care agency~~responsible	20473
party employs an applicant conditionally pursuant to division	20474
(H)(1)(b) of this section, the employment service, on its receipt	20475
of the results of the criminal records check, promptly shall send	20476
a copy of the results to the chief administrator of the ~~agency~~	20477
responsible party.	20478

(3) A ~~community-based long-term care agency~~responsible party	20479
that employs an applicant conditionally pursuant to division	20480
(H)(1)(a) or (b) of this section shall terminate the applicant's	20481
employment if the results of the criminal records check, other	20482
than the results of any request for information from the federal	20483
bureau of investigation, are not obtained within the period ending	20484
sixty days after the date the request for the criminal records	20485
check is made. Regardless of when the results of the criminal	20486
records check are obtained, if the results indicate that the	20487
applicant has been convicted of, pleaded guilty to, or been found	20488
eligible for intervention in lieu of conviction for a	20489
disqualifying offense, the ~~agency~~responsible party shall	20490
terminate the applicant's employment unless ~~circumstances~~the	20491
applicant meets standards specified in rules adopted under this	20492
section that permit the ~~agency~~responsible party to employ the	20493
applicant ~~exist~~ and the ~~agency~~responsible party chooses to employ	20494
the applicant. Termination of employment under this division shall	20495
be considered just cause for discharge for purposes of division	20496
(D)(2) of section 4141.29 of the Revised Code if the applicant	20497
makes any attempt to deceive the ~~agency~~responsible party about	20498
the applicant's criminal record.	20499

(I) The report of any criminal records check conducted	20500
pursuant to a request made under this section is not a public	20501
record for the purposes of section 149.43 of the Revised Code and	20502
shall not be made available to any person other than the	20503
following:	20504

(1) The applicant or employee who is the subject of the	20505
criminal records check or the applicant's or employee's	20506
representative;	20507

(2) The chief administrator of the ~~community-based long-term~~	20508
~~care agency~~responsible party requesting the criminal records	20509
check or the administrator's representative;	20510

(3) The administrator of any other facility, agency, or	20511
program that provides ~~direct care to individuals~~community-based	20512
long-term care services that is owned or operated by the same	20513
entity that owns or operates the ~~community-based long-term care~~	20514
~~agency~~responsible party that requested the criminal records	20515
check;	20516

(4) The employment service that requested the criminal	20517
records check;	20518

(5) The director of aging or a person authorized by the	20519
director to monitor a ~~community-based long-term care agency's~~	20520
responsible party's compliance with this section;	20521

(6) The medicaid director ~~of job and family services~~ and the	20522
staff of the department of ~~job and family services~~medicaid who	20523
are involved in the administration of the medicaid program if	20524
either of the following apply:	20525

(a) In the case of a criminal records check requested by a	20526
~~community-based long-term care agency~~provider or subcontractor,	20527
the ~~agency~~provider or subcontractor also is a waiver agency;	20528

(b) In the case of a criminal records check requested by an	20529
employment service, the employment service makes the request for	20530
an applicant or employee the employment service refers to a	20531
~~community-based long-term care agency~~provider or subcontractor	20532
that also is a waiver agency.	20533

(7) A court, hearing officer, or other necessary individual	20534
involved in a case dealing with any of the following:	20535

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

20536

(b) Employment or unemployment benefits of the applicant or	20537
employee;	20538

(c) A civil or criminal action regarding the medicaid program	20539
or a program the department of aging administers.	20540

(J) In a tort or other civil action for damages that is	20541
brought as the result of an injury, death, or loss to person or	20542
property caused by an applicant or employee who a ~~community-based~~	20543
~~long-term care agency~~responsible party employs in a direct-care	20544
position ~~that involves providing direct care to individuals~~, all	20545
of the following shall apply:	20546

(1) If the ~~agency~~responsible party employed the applicant or	20547
employee in good faith and reasonable reliance on the report of a	20548
criminal records check requested under this section, the ~~agency~~	20549
responsible party shall not be found negligent solely because of	20550
its reliance on the report, even if the information in the report	20551
is determined later to have been incomplete or inaccurate.	20552

(2) If the ~~agency~~responsible party employed the applicant in	20553
good faith on a conditional basis pursuant to division (H) of this	20554
section, the ~~agency~~responsible party shall not be found	20555
negligent solely because it employed the applicant prior to	20556
receiving the report of a criminal records check requested under	20557
this section.	20558

(3) If the ~~agency~~responsible party in good faith employed	20559
the applicant or employee ~~according to~~because the ~~personal~~	20560
~~character~~applicant or employee meets standards ~~established~~	20561
specified in rules adopted under this section, the ~~agency~~	20562
responsible party shall not be found negligent solely because the	20563
applicant or employee has been convicted of, pleaded guilty to, or	20564
been found eligible for intervention in lieu of conviction for a	20565
disqualifying offense.	20566

(K) The director of aging shall adopt rules in accordance	20567
with Chapter 119. of the Revised Code to implement this section.	20568

(1) The rules may do the following:

20569

(a) Require employees to undergo database reviews and	20570
criminal records checks under this section;	20571

(b) If the rules require employees to undergo database	20572
reviews and criminal records checks under this section, exempt one	20573
or more classes of employees from the requirements;	20574

(c) For the purpose of division (E)(7) of this section,	20575
specify other databases that are to be checked as part of a	20576
database review conducted under this section.	20577

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

20578

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

20579

(b) The procedures for conducting database reviews under this	20580
section;	20581

~~(b)~~(c) If the rules require employees to undergo database	20582
reviews and criminal records checks under this section, the times	20583
at which the database reviews and criminal records checks are to	20584
be conducted;	20585

~~(c)~~(d) If the rules specify other databases to be checked as	20586
part of the database reviews, the circumstances under which a	20587
~~community-based long-term care agency~~responsible party is	20588
prohibited from employing an applicant or continuing to employ an	20589
employee who is found by a database review to be included in one	20590
or more of those databases;	20591

~~(d) Circumstances under which a community-based long-term~~	20592
~~care agency may employ~~(e) Standards that an applicant or employee	20593
~~who~~must meet for a responsible party to be permitted to employ	20594
the applicant or continue to employ the employee in a direct-care	20595
position if the applicant or employee is found by a criminal	20596
records check required by this section to have been convicted of,	20597
pleaded guilty to, or been found eligible for intervention in lieu	20598
of conviction for a disqualifying offense ~~but meets personal~~	20599
~~character standards~~.	20600

Sec. 173.39. (A) As used in sections 173.39 to ~~173.394~~	20601
173.393 of the Revised Code:	20602

(1) "~~Community-based long-term care agency~~Provider" means a	20603
person or government entity that provides community-based	20604
long-term care services under a program the department of aging	20605
administers~~, regardless of whether the person or government entity~~	20606
~~is certified under section 173.391 or authorized to receive~~	20607
~~payment for the services from the department under section 173.392~~	20608
~~of the Revised Code~~. "~~Community-based long-term care agency~~	20609
Provider" includes a person or government entity that provides	20610
home and community-based services to older adults through the	20611
PASSPORT program ~~created under~~as defined in section ~~173.40~~173.51	20612
of the Revised Code.	20613

(2) "Community-based long-term care services" has the same	20614
meaning as in section 173.14 of the Revised Code.	20615

(B) Except as provided in section 173.392 of the Revised	20616
Code, the department of aging may not pay a ~~person or government~~	20617
~~entity~~provider for providing community-based long-term care	20618
services under a program the department administers unless the	20619
~~person or government entity~~provider is certified under section	20620
173.391 of the Revised Code and provides the services.	20621

Sec. 173.391. (A) The department of aging or its designee	20622
shall do all of the following in accordance with Chapter 119. of	20623
the Revised Code:	20624

(1) Certify a ~~person or government entity~~provider to provide	20625
community-based long-term care services under a program the	20626
department administers if the ~~person or government entity~~provider	20627
satisfies the requirements for certification established by rules	20628
adopted under division (B) of this section and pays the fee, if	20629
any, established by rules adopted under division (G) of this	20630
section;	20631

(2) When required to do so by rules adopted under division	20632
(B) of this section, take one or more of the following	20633
disciplinary actions against a ~~person or government entity~~	20634
provider certified under division (A)(1) of this section:	20635

(a) Issue a written warning;

20636

(b) Require the submission of a plan of correction or	20637
evidence of compliance with requirements identified by the	20638
department;	20639

20640

(d) Remove clients;

20641

(e) Impose a fiscal sanction such as a civil monetary penalty	20642
or an order that unearned funds be repaid;	20643

(f) Suspend the certification;

20644

(g) Revoke the certification;

20645

(h) Impose another sanction.

20646

(3) Except as provided in division (E) of this section, hold	20647
hearings when there is a dispute between the department or its	20648
designee and a ~~person or government entity~~provider concerning	20649
actions the department or its designee takes regarding a decision	20650
not to certify the ~~person or government entity~~provider under	20651
division (A)(1) of this section or a disciplinary action under	20652
divisions (A)(2)(e) to (h) of this section.	20653

(B) The director of aging shall adopt rules in accordance	20654
with Chapter 119. of the Revised Code establishing certification	20655
requirements and standards for determining which type of	20656
disciplinary action to take under division (A)(2) of this section	20657
in individual situations. The rules shall establish procedures for	20658
all of the following:	20659

(1) Ensuring that ~~community-based long-term care agencies~~	20660
providers comply with section ~~173.394~~173.38 of the Revised Code;	20661

(2) Evaluating the services provided by the ~~agencies~~	20662
providers to ensure that the services are provided in a quality	20663
manner advantageous to the individual receiving the services;	20664

(3) Determining when to take disciplinary action under	20665
division (A)(2) of this section and which disciplinary action to	20666
take;	20667

(4) Determining what constitutes another sanction for	20668
purposes of division (A)(2)(h) of this section.	20669

(C) The procedures established in rules adopted under	20670
division (B)(2) of this section shall require that all of the	20671
following be considered as part of an evaluation described in	20672
division (B)(2) of this section:	20673

(1) The ~~community-based long-term care agency's~~provider's	20674
experience and financial responsibility;	20675

(2) The ~~agency's~~provider's ability to comply with standards	20676
for the community-based long-term care services that the ~~agency~~	20677
provider provides under a program the department administers;	20678

(3) The ~~agency's~~provider's ability to meet the needs of the	20679
individuals served;	20680

(4) Any other factor the director considers relevant.

20681

(D) The rules adopted under division (B)(3) of this section	20682
shall specify that the reasons disciplinary action may be taken	20683
under division (A)(2) of this section include good cause,	20684
including misfeasance, malfeasance, nonfeasance, confirmed abuse	20685
or neglect, financial irresponsibility, or other conduct the	20686
director determines is injurious, or poses a threat, to the health	20687
or safety of individuals being served.	20688

(E) Subject to division (F) of this section, the department	20689
is not required to hold hearings under division (A)(3) of this	20690
section if any of the following conditions apply:	20691

(1) Rules adopted by the director of aging pursuant to this	20692
chapter require the ~~community-based long-term care agency~~provider	20693
to be a party to a provider agreement; hold a license,	20694
certificate, or permit; or maintain a certification, any of which	20695
is required or issued by a state or federal government entity	20696
other than the department of aging, and either of the following is	20697
the case:	20698

(a) The provider agreement has not been entered into or the	20699
license, certificate, permit, or certification has not been	20700
obtained or maintained.	20701

(b) The provider agreement, license, certificate, permit, or	20702
certification has been denied, revoked, not renewed, or suspended	20703
or has been otherwise restricted.	20704

(2) The ~~agency's~~provider's certification under this section	20705
has been denied, suspended, or revoked for any of the following	20706
reasons:	20707

(a) A government entity of this state, other than the	20708
department of aging, has terminated or refused to renew any of the	20709
following held by, or has denied any of the following sought by, a	20710
~~community-based long-term care agency~~provider: a provider	20711
agreement, license, certificate, permit, or certification.	20712
Division (E)(2)(a) of this section applies regardless of whether	20713
the ~~agency~~provider has entered into a provider agreement in, or	20714
holds a license, certificate, permit, or certification issued by,	20715
another state.	20716

(b) The ~~agency~~provider or a principal owner or manager of	20717
the ~~agency~~provider who provides direct care has entered a guilty	20718
plea for, or has been convicted of, an offense materially related	20719
to the medicaid program.	20720

(c) The ~~agency~~provider or a principal owner or manager of	20721
the ~~agency~~provider who provides direct care has entered a guilty	20722
plea for, been convicted of, or been found eligible for	20723
intervention in lieu of conviction for an offense listed or	20724
described in divisions (A)(3)(a) to (e) of section 109.572 of the	20725
Revised Code, but only if ~~none of the personal character~~the	20726
provider, principal owner, or manager does not meet standards	20727
~~established~~specified by the director in rules adopted under	20728
section ~~173.394~~173.38 of the Revised Code ~~apply~~.	20729

(d) The United States department of health and human services	20730
has taken adverse action against the ~~agency~~provider and that	20731
action impacts the ~~agency's~~provider's participation in the	20732
medicaid program.	20733

(e) The ~~agency~~provider has failed to enter into or renew a	20734
provider agreement with the PASSPORT administrative agency, as	20735
that term is defined in section 173.42 of the Revised Code, that	20736
administers programs on behalf of the department of aging in the	20737
region of the state in which the ~~agency~~provider is certified to	20738
provide services.	20739

(f) The ~~agency~~provider has not billed or otherwise submitted	20740
a claim to the department for payment under the medicaid program	20741
in at least two years.	20742

(g) The ~~agency~~provider denied or failed to provide the	20743
department or its designee access to the ~~agency's~~provider's	20744
facilities during the ~~agency's~~provider's normal business hours	20745
for purposes of conducting an audit or structural compliance	20746
review.	20747

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

20748

(i) The ~~agency~~provider has voluntarily relinquished its	20749
certification for any reason.	20750

(3) The ~~agency's~~provider's provider agreement with the	20751
department of ~~job and family services~~medicaid has been suspended	20752
under division (C) of section ~~5111.031~~5164.37 of the Revised	20753
Code.	20754

(4) The ~~agency's~~provider's provider agreement with the	20755
department of ~~job and family services~~medicaid is denied or	20756
revoked because the ~~agency~~provider or its owner, officer,	20757
authorized agent, associate, manager, or employee has been	20758
convicted of an offense that caused the provider agreement to be	20759
suspended under section ~~5111.031~~5164.37 of the Revised Code.	20760

(F) If the department does not hold hearings when any	20761
condition described in division (E) of this section applies, the	20762
department may send a notice to the ~~agency~~provider describing a	20763
decision not to certify the ~~agency~~provider under division (A)(1)	20764
of this section or the disciplinary action the department proposes	20765
to take under division (A)(2)(e) to (h) of this section. The	20766
notice shall be sent to the ~~agency's~~provider's address that is on	20767
record with the department and may be sent by regular mail.	20768

(G) The director of aging may adopt rules in accordance with	20769
Chapter 119. of the Revised Code establishing a fee to be charged	20770
by the department of aging or its designee for certification	20771
issued under this section.	20772

All fees collected by the department or its designee under	20773
this section shall be deposited in the state treasury to the	20774
credit of the provider certification fund, which is hereby	20775
created. Money credited to the fund shall be used to pay for	20776
community-based long-term care services, administrative costs	20777
associated with ~~community-based long-term care agency~~provider	20778
certification under this section, and administrative costs related	20779
to the publication of the Ohio long-term care consumer guide.	20780

Sec. 173.392. (A) The department of aging may pay a ~~person or~~	20781
~~government entity~~provider for providing community-based long-term	20782
care services under a program the department administers, even	20783
though the ~~person or government entity~~provider is not certified	20784
under section 173.391 of the Revised Code, if all of the following	20785
are the case:	20786

(1) The ~~person or government entity~~provider has a contract	20787
with the department of aging or the department's designee to	20788
provide the services in accordance with the contract or has	20789
received a grant from the department or its designee to provide	20790
the services in accordance with a grant agreement;	20791

(2) The contract or grant agreement includes detailed	20792
conditions of participation for ~~providers of services under a~~	20793
~~program the department administers~~the provider and service	20794
standards that the ~~person or government entity~~provider is	20795
required to satisfy;	20796

(3) The ~~person or government entity~~provider complies with	20797
the contract or grant agreement;	20798

(4) The contract or grant is not for medicaid-funded	20799
services, other than services provided under the PACE program	20800
administered by the department of aging under section 173.50 of	20801
the Revised Code.	20802

(B) The director of aging shall adopt rules in accordance	20803
with Chapter 119. of the Revised Code governing both of the	20804
following:	20805

(1) Contracts and grant agreements between the department of	20806
aging or its designee and ~~persons and government entities~~	20807
~~regarding community-based long-term care services provided under a~~	20808
~~program the department administers~~providers;	20809

(2) The department's payment for community-based long-term	20810
care services under this section.	20811

Sec. 173.42. (A) As used in sections 173.42 to 173.434 of	20812
the Revised Code:	20813

(1) "Area agency on aging" means a public or private	20814
nonprofit entity designated under section 173.011 of the Revised	20815
Code to administer programs on behalf of the department of aging.	20816

(2) "Department of aging-administered medicaid waiver	20817
component" means each of the following:	20818

(a) The medicaid-funded component of the PASSPORT program	20819
created under section ~~173.40~~173.52 of the Revised Code;	20820

(b) The choices program created under section ~~173.403~~173.53	20821
of the Revised Code;	20822

(c) The medicaid-funded component of the assisted living	20823
program created under section ~~5111.89~~173.54 of the Revised Code;	20824

(d) Any other medicaid waiver component, as defined in	20825
section ~~5111.85~~5166.01 of the Revised Code, that the department	20826
of aging administers pursuant to an interagency agreement with the	20827
department of ~~job and family services~~medicaid under section	20828
~~5111.91~~5162.35 of the Revised Code.	20829

(3) "Home and community-based services covered by medicaid	20830
components the department of aging administers" means all of the	20831
following:	20832

(a) Medicaid waiver services available to a participant in a	20833
department of aging-administered medicaid waiver component;	20834

(b) The following medicaid state plan services available to a	20835
participant in a department of aging-administered medicaid waiver	20836
component as specified in rules adopted under section ~~5111.02~~	20837
5164.02 of the Revised Code:	20838

(i) Home health services;

20839

(ii) Private duty nursing services;

20840

(iii) Durable medical equipment;

20841

(iv) Services of a clinical nurse specialist;

20842

(v) Services of a certified nurse practitioner.

20843

20844

(4) "Long-term care consultation" or "consultation" means the	20845
consultation service made available by the department of aging or	20846
a program administrator through the long-term care consultation	20847
program established pursuant to this section.	20848

(5) ~~"Medicaid" means the medical assistance program~~	20849
~~established under Chapter 5111. of the Revised Code.~~	20850

~~(6)~~ "Nursing facility" has the same meaning as in section	20851
~~5111.20~~5165.01 of the Revised Code.	20852

~~(7)~~(6) "PACE program" means the component of the medicaid	20853
program the department of aging administers pursuant to section	20854
173.50 of the Revised Code.	20855

~~(8)~~(7) "PASSPORT administrative agency" means an entity under	20856
contract with the department of aging to provide administrative	20857
services regarding the PASSPORT program.	20858

~~(9)~~(8) "Program administrator" means an area agency on aging	20859
or other entity under contract with the department of aging to	20860
administer the long-term care consultation program in a geographic	20861
region specified in the contract.	20862

~~(10)~~(9) "Representative" means a person acting on behalf of	20863
an individual specified in division (G) of this section. A	20864
representative may be a family member, attorney, hospital social	20865
worker, or any other person chosen to act on behalf of the	20866
individual.	20867

(B) The department of aging shall develop a long-term care	20868
consultation program whereby individuals or their representatives	20869
are provided with long-term care consultations and receive through	20870
these professional consultations information about options	20871
available to meet long-term care needs and information about	20872
factors to consider in making long-term care decisions. The	20873
long-term care consultations provided under the program may be	20874
provided at any appropriate time, as permitted or required under	20875
this section and the rules adopted under it, including either	20876
prior to or after the individual who is the subject of a	20877
consultation has been admitted to a nursing facility or granted	20878
assistance in receiving home and community-based services covered	20879
by medicaid components the department of aging administers.	20880

(C) The long-term care consultation program shall be	20881
administered by the department of aging, except that the	20882
department may have the program administered on a regional basis	20883
by one or more program administrators. The department and each	20884
program administrator shall administer the program in such a	20885
manner that all of the following are included:	20886

(1) Coordination and collaboration with respect to all	20887
available funding sources for long-term care services;	20888

(2) Assessments of individuals regarding their long-term care	20889
service needs;	20890

(3) Assessments of individuals regarding their on-going	20891
eligibility for long-term care services;	20892

(4) Procedures for assisting individuals in obtaining access	20893
to, and coordination of, health and supportive services, including	20894
department of aging-administered medicaid waiver components;	20895

(5) Priorities for using available resources efficiently and	20896
effectively.	20897

(D) The program's long-term care consultations shall be	20898
provided by individuals certified by the department under section	20899
173.422 of the Revised Code.	20900

(E) The information provided through a long-term care	20901
consultation shall be appropriate to the individual's needs and	20902
situation and shall address all of the following:	20903

(1) The availability of any long-term care options open to	20904
the individual;	20905

(2) Sources and methods of both public and private payment	20906
for long-term care services;	20907

(3) Factors to consider when choosing among the available	20908
programs, services, and benefits;	20909

(4) Opportunities and methods for maximizing independence and	20910
self-reliance, including support services provided by the	20911
individual's family, friends, and community.	20912

(F) An individual's long-term care consultation may include	20913
an assessment of the individual's functional capabilities. The	20914
consultation may incorporate portions of the determinations	20915
required under sections ~~5111.202, 5119.061~~5119.40, ~~and~~ 5123.021,	20916
and 5165.03 of the Revised Code and may be provided concurrently	20917
with the assessment required under section ~~5111.204~~173.546 or	20918
5165.04 of the Revised Code.	20919

(G)(1) Unless an exemption specified in division (I) of this	20920
section is applicable, each of the following shall be provided	20921
with a long-term care consultation:	20922

(a) An individual who applies or indicates an intention to	20923
apply for admission to a nursing facility, regardless of the	20924
source of payment to be used for the individual's care in a	20925
nursing facility;	20926

(b) An individual who requests a long-term care consultation;

20927

(c) An individual identified by the department or a program	20928
administrator as being likely to benefit from a long-term care	20929
consultation.	20930

(2) In addition to the individuals specified in division	20931
(G)(1) of this section, a long-term care consultation may be	20932
provided to a nursing facility resident regardless of the source	20933
of payment being used for the resident's care in the nursing	20934
facility.	20935

(H)(1) Except as provided in division (H)(2) or (3) of this	20936
section, a long-term care consultation provided pursuant to	20937
division (G) of this section shall be provided as follows:	20938

(a) If the individual for whom the consultation is being	20939
provided has applied for medicaid and the consultation is being	20940
provided concurrently with the assessment required under section	20941
~~5111.204~~5165.04 of the Revised Code, the consultation shall be	20942
completed in accordance with the applicable time frames specified	20943
in that section for providing a level of care determination based	20944
on the assessment.	20945

(b) In all other cases, the consultation shall be provided	20946
not later than five calendar days after the department or program	20947
administrator receives notice of the reason for which the	20948
consultation is to be provided pursuant to division (G) of this	20949
section.	20950

(2) An individual or the individual's representative may	20951
request that a long-term care consultation be provided on a date	20952
that is later than the date required under division (H)(1)(a) or	20953
(b) of this section.	20954

(3) If a long-term care consultation cannot be completed	20955
within the number of days required by division (H)(1) or (2) of	20956
this section, the department or program administrator may do any	20957
of the following:	20958

(a) In the case of an individual specified in division (G)(1)	20959
of this section, exempt the individual from the consultation	20960
pursuant to rules that may be adopted under division (L) of this	20961
section;	20962

(b) In the case of an applicant for admission to a nursing	20963
facility, provide the consultation after the individual is	20964
admitted to the nursing facility;	20965

(c) In the case of a resident of a nursing facility, provide	20966
the consultation as soon as practicable.	20967

(I) An individual is not required to be provided a long-term	20968
care consultation under division (G)(1) of this section if any of	20969
the following apply:	20970

(1) The department or program administrator has attempted to	20971
provide the consultation, but the individual or the individual's	20972
representative refuses to cooperate;	20973

(2) The individual is to receive care in a nursing facility	20974
under a contract for continuing care as defined in section 173.13	20975
of the Revised Code;	20976

(3) The individual has a contractual right to admission to a	20977
nursing facility operated as part of a system of continuing care	20978
in conjunction with one or more facilities that provide a less	20979
intensive level of services, including a residential care facility	20980
licensed under Chapter 3721. of the Revised Code, a residential	20981
facility licensed under section ~~5119.22~~5119.34 of the Revised	20982
Code that provides accommodations, supervision, and personal care	20983
services for three to sixteen unrelated adults, or an independent	20984
living arrangement;	20985

(4) The individual is to receive continual care in a home for	20986
the aged exempt from taxation under section 5701.13 of the Revised	20987
Code;	20988

(5) The individual is seeking admission to a facility that is	20989
not a nursing facility with a provider agreement under section	20990
~~5111.22~~5165.07, ~~5111.671~~5165.511, or ~~5111.672~~5165.512 of the	20991
Revised Code;	20992

(6) The individual is exempted from the long-term care	20993
consultation requirement by the department or the program	20994
administrator pursuant to rules that may be adopted under division	20995
(L) of this section.	20996

(J) As part of the long-term care consultation program, the	20997
department or program administrator shall assist an individual or	20998
individual's representative in accessing all sources of care and	20999
services that are appropriate for the individual and for which the	21000
individual is eligible, including all available home and	21001
community-based services covered by medicaid components the	21002
department of aging administers. The assistance shall include	21003
providing for the conduct of assessments or other evaluations and	21004
the development of individualized plans of care or services under	21005
section 173.424 of the Revised Code.	21006

(K) No nursing facility for which an operator has a provider	21007
agreement under section ~~5111.22~~5165.07, ~~5111.671~~5165.511, or	21008
~~5111.672~~5165.512 of the Revised Code shall admit any individual	21009
as a resident, unless the nursing facility has received evidence	21010
that a long-term care consultation has been completed for the	21011
individual or division (I) of this section is applicable to the	21012
individual.	21013

(L) The director of aging may adopt any rules the director	21014
considers necessary for the implementation and administration of	21015
this section. The rules shall be adopted in accordance with	21016
Chapter 119. of the Revised Code and may specify any or all of the	21017
following:	21018

(1) Procedures for providing long-term care consultations	21019
pursuant to this section;	21020

(2) Information to be provided through long-term care	21021
consultations regarding long-term care services that are	21022
available;	21023

(3) Criteria and procedures to be used to identify and	21024
recommend appropriate service options for an individual receiving	21025
a long-term care consultation;	21026

(4) Criteria for exempting individuals from the long-term	21027
care consultation requirement;	21028

(5) Circumstances under which it may be appropriate to	21029
provide an individual's long-term care consultation after the	21030
individual's admission to a nursing facility rather than before	21031
admission;	21032

(6) Criteria for identifying nursing facility residents who	21033
would benefit from the provision of a long-term care consultation;	21034

(7) A description of the types of information from a nursing	21035
facility that is needed under the long-term care consultation	21036
program to assist a resident with relocation from the facility;	21037

(8) Standards to prevent conflicts of interest relative to	21038
the referrals made by a person who performs a long-term care	21039
consultation, including standards that prohibit the person from	21040
being employed by a provider of long-term care services;	21041

(9) Procedures for providing notice and an opportunity for a	21042
hearing under division (N) of this section.	21043

(M) To assist the department and each program administrator	21044
with identifying individuals who are likely to benefit from a	21045
long-term care consultation, the department and program	21046
administrator may ask to be given access to nursing facility	21047
resident assessment data collected through the use of the resident	21048
assessment instrument specified in rules ~~adopted under~~authorized	21049
by section ~~5111.02~~5165.191 of the Revised Code for purposes of	21050
the medicaid program. Except when prohibited by state or federal	21051
law, the department of health, department of ~~job and family~~	21052
~~services~~medicaid, or nursing facility holding the data shall	21053
grant access to the data on receipt of the request from the	21054
department of aging or program administrator.	21055

(N)(1) The director of aging, after providing notice and an	21056
opportunity for a hearing, may fine a nursing facility an amount	21057
determined by rules the director shall adopt in accordance with	21058
Chapter 119. of the Revised Code for any of the following reasons:	21059

(a) The nursing facility admits an individual, without	21060
evidence that a long-term care consultation has been provided, as	21061
required by this section;	21062

(b) The nursing facility denies a person attempting to	21063
provide a long-term care consultation access to the facility or a	21064
resident of the facility;	21065

(c) The nursing facility denies the department of aging or	21066
program administrator access to the facility or a resident of the	21067
facility, as the department or administrator considers necessary	21068
to administer the program.	21069

(2) In accordance with section ~~5111.62~~5162.66 of the Revised	21070
Code, all fines collected under division (N)(1) of this section	21071
shall be deposited into the state treasury to the credit of the	21072
residents protection fund.	21073

Sec. 173.43. (A) ~~Subject to section 173.433 of the Revised~~	21074
~~Code, the~~The department of aging shall enter into an interagency	21075
agreement with the department of ~~job and family services~~medicaid	21076
under section ~~5111.91~~5162.35 of the Revised Code under which the	21077
department of aging is required to establish for each biennium a	21078
unified long-term care budget for home and community-based	21079
services covered by medicaid components the department of aging	21080
administers. The interagency agreement shall require the	21081
department of aging to do all of the following:	21082

(1) Administer the unified long-term care budget in	21083
accordance with sections 173.43 to 173.434 of the Revised Code and	21084
the general assembly's appropriations for home and community-based	21085
services covered by medicaid components the department of aging	21086
administers for the applicable biennium;	21087

(2) Contract with each PASSPORT administrative agency for	21088
assistance in the administration of the unified long-term care	21089
budget;	21090

(3) Provide individuals who are eligible for home and	21091
community-based services covered by medicaid components the	21092
department of aging administers a choice of services that meet the	21093
individuals' needs and improve their quality of life;	21094

(4) Provide a continuum of services that meet the life-long	21095
needs of individuals who are eligible for home and community-based	21096
services covered by medicaid components the department of aging	21097
administers.	21098

(B) The director of budget and management shall create new	21099
appropriation items as necessary for establishment of the unified	21100
long-term care budget.	21101

Sec. 173.431. ~~Subject to section 173.433 of the Revised~~	21102
~~Code, the~~The department of aging shall ensure that the unified	21103
long-term care budget established under section 173.43 of the	21104
Revised Code is administered in a manner that provides medicaid	21105
coverage of and expands access to all of the following as	21106
necessary to meet the needs of individuals receiving home and	21107
community-based services covered by medicaid components the	21108
department of aging administers:	21109

(A) To the extent permitted by the medicaid waivers	21110
authorizing department of aging-administered medicaid waiver	21111
components, all of the following medicaid waiver services provided	21112
under department of aging-administered medicaid waiver components:	21113

(1) Personal care services;

21114

(2) Home-delivered meals;

21115

(3) Adult day-care;

21116

(4) Homemaker services;

21117

(5) Emergency response services;

21118

(6) Medical equipment and supplies;

21119

(7) Chore services;

21120

(8) Social work counseling;

21121

(9) Nutritional counseling;

21122

(10) Independent living assistance;

21123

(11) Medical transportation;

21124

(12) Nonmedical transportation;

21125

(13) Home care attendant services;

21126

(14) Assisted living services;

21127

(15) Community transition services;

21128

(16) Enhanced community living services;

21129

(17) All other medicaid waiver services provided under	21130
department of aging-administered medicaid waiver components.	21131

(B) All of the following state medicaid plan services as	21132
specified in rules adopted under section ~~5111.02~~5164.02 of the	21133
Revised Code:	21134

(1) Home health services;

21135

(2) Private duty nursing services;

21136

(3) Durable medical equipment;

21137

(4) Services of a clinical nurse specialist;

21138

(5) Services of a certified nurse practitioner.

21139

21140

Sec. 173.432. ~~Subject to section 173.433 of the Revised Code,~~	21141
~~the~~The department of aging or its designee shall provide care	21142
management and authorization services with regard to the state	21143
plan services specified in division (B) of section 173.431 of the	21144
Revised Code that are provided to participants of department of	21145
aging-administered medicaid waiver components. The department or	21146
its designee shall ensure that no person providing the care	21147
management and authorization services performs an activity that	21148
may not be performed without a valid certificate or license issued	21149
by an agency of this state unless the person holds the valid	21150
certificate or license.	21151

Sec. 173.434. ~~The director of job and family services shall~~	21152
~~adopt~~To the extent authorized by rules ~~under~~authorized by	21153
section ~~5111.85~~5162.021 of the Revised Code ~~to authorize~~, the	21154
director of aging toshall adopt rules that are needed to	21155
implement sections 173.43 to 173.432 of the Revised Code. The	21156
~~director of aging's~~ rules shall be adopted in accordance with	21157
Chapter 119. of the Revised Code.	21158

Sec. 173.45. As used in this section and in sections 173.46	21159
to 173.49 of the Revised Code:	21160

(A) "Residential facility" means a residential facility	21161
licensed under section ~~5119.22~~5119.34 of the Revised Code that	21162
provides accommodations, supervision, and personal care services	21163
for three to sixteen unrelated adults.	21164

(B) "Community-based long-term care services" has the same	21165
meaning as in section 173.14 of the Revised Code.	21166

(C) "Long-term care facility" means a nursing home or	21167
residential care facility.	21168

(D) "Nursing home" and "residential care facility" have the	21169
same meanings as in section 3721.01 of the Revised Code.	21170

(E) "Nursing facility" has the same meaning as in section	21171
~~5111.20~~5165.01 of the Revised Code.	21172

Sec. 173.47. (A) For purposes of publishing the Ohio	21173
long-term care consumer guide, the department of aging shall	21174
conduct or provide for the conduct of an annual customer	21175
satisfaction survey of each long-term care facility. The results	21176
of the surveys may include information obtained from long-term	21177
care facility residents, their families, or both. A survey that is	21178
to include information obtained from nursing facility residents	21179
shall include the questions specified in divisions (C)(7)(a) and	21180
(b) and (18) and (D)(7)(a) and (b) of section ~~5111.244~~5165.25 of	21181
the Revised Code. A survey that is to include information obtained	21182
from the families of nursing facility residents shall include the	21183
questions specified in divisions (C)(8)(a) and (b) and (19) and	21184
(D)(8)(a) and (b) of section ~~5111.244~~5165.25 of the Revised Code.	21185

(B) Each long-term care facility shall cooperate in the	21186
conduct of its annual customer satisfaction survey.	21187

Sec. 173.48. (A)(1) The department of aging may charge annual	21188
fees to long-term care facilities for the publication of the Ohio	21189
long-term care consumer guide. The department may contract with	21190
any person or government entity to collect the fees on its behalf.	21191
All fees collected under this section shall be deposited in	21192
accordance with division (B) of this section.	21193

(2) The annual fees charged under this section shall not	21194
exceed the following amounts:	21195

(a) Six hundred fifty dollars for each long-term care	21196
facility that is a nursing home;	21197

(b) Three hundred dollars for each long-term care facility	21198
that is a residential care facility.	21199

(3) Fees paid by a long-term care facility that is a nursing	21200
facility shall be reimbursed through the medicaid program ~~operated~~	21201
~~under Chapter 5111. of the Revised Code~~.	21202

(B) There is hereby created in the state treasury the	21203
long-term care consumer guide fund. Money collected from the fees	21204
charged for the publication of the Ohio long-term care consumer	21205
guide under division (A) of this section shall be credited to the	21206
fund. The department shall use money in the fund for costs	21207
associated with publishing the Ohio long-term care consumer guide,	21208
including, but not limited to, costs incurred in conducting or	21209
providing for the conduct of customer satisfaction surveys.	21210

Sec. 173.50. (A) Pursuant to a contract entered into with the	21211
department of ~~job and family services~~medicaid as an interagency	21212
agreement under section ~~5111.91~~5162.35 of the Revised Code, the	21213
department of aging shall carry out the day-to-day administration	21214
of the component of the medicaid program ~~established under Chapter~~	21215
~~5111. of the Revised Code~~ known as the program of all-inclusive	21216
care for the elderly or PACE. The department of aging shall carry	21217
out its PACE administrative duties in accordance with the	21218
provisions of the interagency agreement and all applicable federal	21219
laws, including the "Social Security Act," ~~79 Stat. 286 (1965)~~	21220
section 1934, 42 U.S.C. 1396u-4~~, as amended~~.	21221

(B) ~~The department~~To the extent authorized by rules	21222
authorized by section 5162.021 of the Revised Code, the director	21223
of aging may adopt rules in accordance with Chapter 119. of the	21224
Revised Code regarding the PACE program, including rules	21225
establishing priorities for enrolling in the program pursuant to	21226
section 173.501 of the Revised Code. The ~~department's~~ rules ~~are~~	21227
~~subject to both of the following:~~	21228

~~(1) The rules shall be authorized by rules adopted by the~~	21229
~~department of job and family services.~~	21230

~~(2) The rules~~ shall address only those issues that are not	21231
addressed in rules adopted by the ~~department of job and family~~	21232
~~services~~medicaid director for the PACE program.	21233

Sec. 173.501. (A) As used in this section:

21234

"Nursing facility" has the same meaning as in section ~~5111.20~~	21235
5165.01 of the Revised Code.	21236

"PACE provider" has the same meaning as in the "Social	21237
Security Act," section 1934(a)(3), 42 U.S.C. 1396u-4(a)(3).	21238

(B) The department of aging shall establish a home first	21239
component of the PACE program under which eligible individuals may	21240
be enrolled in the PACE program in accordance with this section.	21241
An individual is eligible for the PACE program's home first	21242
component if both of the following apply:	21243

(1) The individual has been determined to be eligible for the	21244
PACE program.	21245

(2) At least one of the following applies:

21246

(a) The individual has been admitted to a nursing facility.

21247

(b) A physician has determined and documented in writing that	21248
the individual has a medical condition that, unless the individual	21249
is enrolled in home and community-based services such as the PACE	21250
program, will require the individual to be admitted to a nursing	21251
facility within thirty days of the physician's determination.	21252

(c) The individual has been hospitalized and a physician has	21253
determined and documented in writing that, unless the individual	21254
is enrolled in home and community-based services such as the PACE	21255
program, the individual is to be transported directly from the	21256
hospital to a nursing facility and admitted.	21257

(d) Both of the following apply:

21258

(i) The individual is the subject of a report made under	21259
section 5101.61 of the Revised Code regarding abuse, neglect, or	21260
exploitation or such a report referred to a county department of	21261
job and family services under section 5126.31 of the Revised Code	21262
or has made a request to a county department for protective	21263
services as defined in section 5101.60 of the Revised Code.	21264

(ii) A county department of job and family services and an	21265
area agency on aging have jointly documented in writing that,	21266
unless the individual is enrolled in home and community-based	21267
services such as the PACE program, the individual should be	21268
admitted to a nursing facility.	21269

(C) Each month, the department of aging shall identify	21270
individuals who are eligible for the home first component of the	21271
PACE program. When the department identifies such an individual,	21272
the department shall notify the PACE provider serving the area in	21273
which the individual resides. The PACE provider shall determine	21274
whether the PACE program is appropriate for the individual and	21275
whether the individual would rather participate in the PACE	21276
program than continue or begin to reside in a nursing facility. If	21277
the PACE provider determines that the PACE program is appropriate	21278
for the individual and the individual would rather participate in	21279
the PACE program than continue or begin to reside in a nursing	21280
facility, the PACE provider shall so notify the department of	21281
aging. On receipt of the notice from the PACE provider, the	21282
department of aging shall approve the individual's enrollment in	21283
the PACE program in accordance with priorities established in	21284
rules adopted under section 173.50 of the Revised Code.	21285

Sec. 173.51. As used in sections 173.51 to 173.56 of the	21286
Revised Code:	21287

"Area agency on aging" has the same meaning as in section	21288
173.14 of the Revised Code.	21289

"Assisted living program" means the program that consists of	21290
a medicaid-funded component created under section 173.54 of the	21291
Revised Code and a state-funded component created under section	21292
173.543 of the Revised Code and provides assisted living services	21293
to individuals who meet the program's applicable eligibility	21294
requirements.	21295

"Assisted living services" means the following home and	21296
community-based services: personal care, homemaker, chore,	21297
attendant care, companion, medication oversight, and therapeutic	21298
social and recreational programming.	21299

"Assisted living waiver" means the federal medicaid waiver	21300
granted by the United States secretary of health and human	21301
services that authorizes the medicaid-funded component of the	21302
assisted living program.	21303

"Choices program" means the program created under section	21304
173.53 of the Revised Code.	21305

"County or district home" means a county or district home	21306
operated under Chapter 5155. of the Revised Code.	21307

"Long-term care consultation program" means the program the	21308
department of aging is required to develop under section 173.42 of	21309
the Revised Code.	21310

"Long-term care consultation program administrator" or	21311
"administrator" means the department of aging or, if the	21312
department contracts with an area agency on aging or other entity	21313
to administer the long-term care consultation program for a	21314
particular area, that agency or entity.	21315

"Medicaid waiver component" has the same meaning as in	21316
section 5166.01 of the Revised Code.	21317

"Nursing facility" has the same meaning as in section 5165.01	21318
of the Revised Code.	21319

"PASSPORT program" means the preadmission screening system	21320
providing options and resources today program (PASSPORT) that	21321
consists of a medicaid-funded component created under section	21322
173.52 of the Revised Code and a state-funded component created	21323
under section 173.522 of the Revised Code and provides home and	21324
community-based services as an alternative to nursing facility	21325
placement for individuals who are aged and disabled and meet the	21326
program's applicable eligibility requirements.	21327

"PASSPORT waiver" means the federal medicaid waiver granted	21328
by the United States secretary of health and human services that	21329
authorizes the medicaid-funded component of the PASSPORT program.	21330

"Representative" means a person acting on behalf of an	21331
applicant for the medicaid-funded component or state-funded	21332
component of the assisted living program. A representative may be	21333
a family member, attorney, hospital social worker, or any other	21334
person chosen to act on behalf of an applicant.	21335

"Residential care facility" has the same meaning as in	21336
section 3721.01 of the Revised Code.	21337

"Unified long-term services and support medicaid waiver	21338
component" means the medicaid waiver component authorized by	21339
section 5166.14 of the Revised Code.	21340

~~Sec. 173.40.~~ Sec. 173.52. (A) ~~As used in sections 173.40 to~~	21341
~~173.402 of the Revised Code:~~	21342

~~"Medicaid waiver component" has the same meaning as in~~	21343
~~section 5111.85 of the Revised Code.~~	21344

~~"PASSPORT program" means the program created under this~~	21345
~~section.~~	21346

~~"PASSPORT waiver" means the federal medicaid waiver granted~~	21347
~~by the United States secretary of health and human services that~~	21348
~~authorizes the medicaid-funded component of the PASSPORT program.~~	21349

~~"Unified long-term services and support medicaid waiver~~	21350
~~component" means the medicaid waiver component authorized by~~	21351
~~section 5111.864 of the Revised Code.~~	21352

~~(B) There is hereby created~~The department of medicaid shall	21353
create the medicaid-funded component of the ~~preadmission screening~~	21354
~~system providing options and resources today program, or~~ PASSPORT	21355
program. ~~The PASSPORT program shall provide home and~~	21356
~~community-based services as an alternative to nursing facility~~	21357
~~placement for individuals who are aged and disabled and meet the~~	21358
~~program's applicable eligibility requirements. Subject to division~~	21359
~~(C) of this section, the program shall have a medicaid-funded~~	21360
~~component and a state-funded component.~~In creating the	21361
medicaid-funded component, the department of medicaid shall	21362
collaborate with the department of aging.	21363

~~(C)(1)~~(B) Unless the medicaid-funded component of the	21364
PASSPORT program is terminated under division (C)~~(2)~~ of this	21365
section, all of the following apply:	21366

~~(a)~~(1) The department of aging shall administer the	21367
medicaid-funded component through a contract entered into with the	21368
department of ~~job and family services~~medicaid under section	21369
~~5111.91~~5162.35 of the Revised Code.	21370

~~(b)~~(2) The medicaid-funded component shall be operated as a	21371
separate medicaid waiver component.	21372

~~(c)~~(3) For an individual to be eligible for the	21373
medicaid-funded component, the individual must be a medicaid	21374
recipient and meet the additional eligibility requirements	21375
applicable to the individual established in rules adopted under	21376
division ~~(C)(1)(d)~~(B)(4) of this section.	21377

~~(d) The director of job and family services shall adopt~~(4)	21378
To the extent authorized by rules ~~under~~authorization by section	21379
~~5111.85~~5162.021 of the Revised Code ~~and~~, the director of aging	21380
shall adopt rules in accordance with Chapter 119. of the Revised	21381
Code to implement the medicaid-funded component.	21382

~~(2)~~(C) If the unified long-term services and support medicaid	21383
waiver component is created, the departments of aging and ~~job and~~	21384
~~family services~~medicaid shall work together to determine whether	21385
the medicaid-funded component of the PASSPORT program should	21386
continue to operate as a separate medicaid waiver component or be	21387
terminated. If the departments determine that the medicaid-funded	21388
component of the PASSPORT program should be terminated, the	21389
medicaid-funded component shall cease to exist on a date the	21390
departments shall specify.	21391

~~(D)(1) The department of aging shall administer the~~	21392
~~state-funded component of the PASSPORT program. The state-funded~~	21393
~~component shall not be administered as part of the medicaid~~	21394
~~program.~~	21395

~~(2) For an individual to be eligible for the state-funded~~	21396
~~component, the individual must meet one of the following~~	21397
~~requirements and meet the additional eligibility requirements~~	21398
~~applicable to the individual established in rules adopted under~~	21399
~~division (D)(4) of this section:~~	21400

~~(a) The individual must have been enrolled in the~~	21401
~~state-funded component on September 1, 1991, (as the state-funded~~	21402
~~component was authorized by uncodified law in effect at that time)~~	21403
~~and have had one or more applications for enrollment in the~~	21404
~~medicaid-funded component (or, if the medicaid-funded component is~~	21405
~~terminated under division (C)(2) of this section, the unified~~	21406
~~long-term services and support medicaid waiver component) denied.~~	21407

~~(b) The individual must have had the individual's enrollment~~	21408
~~in the medicaid-funded component (or, if the medicaid-funded~~	21409
~~component is terminated under division (C)(2) of this section, the~~	21410
~~unified long-term services and support medicaid waiver component)~~	21411
~~terminated and the individual must still need the home and~~	21412
~~community-based services provided under the PASSPORT program to~~	21413
~~protect the individual's health and safety.~~	21414

~~(c) The individual must have an application for the~~	21415
~~medicaid-funded component (or, if the medicaid-funded component is~~	21416
~~terminated under division (C)(2) of this section, the unified~~	21417
~~long-term services and support medicaid waiver component) pending~~	21418
~~and the department or the department's designee must have~~	21419
~~determined that the individual meets the nonfinancial eligibility~~	21420
~~requirements of the medicaid-funded component (or, if the~~	21421
~~medicaid-funded component is terminated under division (C)(2) of~~	21422
~~this section, the unified long-term services and support medicaid~~	21423
~~waiver component) and not have reason to doubt that the individual~~	21424
~~meets the financial eligibility requirements of the~~	21425
~~medicaid-funded component (or, if the medicaid-funded component is~~	21426
~~terminated under division (C)(2) of this section, the unified~~	21427
~~long-term services and support medicaid waiver component).~~	21428

~~(3) An individual who is eligible for the state-funded~~	21429
~~component because the individual meets the requirement of division~~	21430
~~(D)(2)(c) of this section may participate in the component on that~~	21431
~~basis for not more than ninety days.~~	21432

~~(4) The director of aging shall adopt rules in accordance~~	21433
~~with section 111.15 of the Revised Code to implement the~~	21434
~~state-funded component. The additional eligibility requirements~~	21435
~~established in the rules may vary for the different groups of~~	21436
~~individuals specified in divisions (D)(2)(a), (b), and (c) of this~~	21437
~~section.~~	21438

~~Sec. 173.401.~~ Sec. 173.521. (A) ~~As used in this section:~~

21439

~~"Area agency on aging" has the same meaning as in section~~	21440
~~173.14 of the Revised Code.~~	21441

~~"Long-term care consultation program" means the program the~~	21442
~~department of aging is required to develop under section 173.42 of~~	21443
~~the Revised Code.~~	21444

~~"Long-term care consultation program administrator" or~~	21445
~~"administrator" means the department of aging or, if the~~	21446
~~department contracts with an area agency on aging or other entity~~	21447
~~to administer the long-term care consultation program for a~~	21448
~~particular area, that agency or entity.~~	21449

~~"Nursing facility" has the same meaning as in section 5111.20~~	21450
~~of the Revised Code.~~	21451

~~(B) Subject~~Unless the medicaid-funded component of the	21452
PASSPORT program is terminated pursuant to division (C)~~(2)~~ of	21453
section ~~173.40~~173.52 of the Revised Code, the department shall	21454
establish a home first component of the PASSPORT program under	21455
which eligible individuals may be enrolled in the medicaid-funded	21456
component of the PASSPORT program in accordance with this section.	21457
An individual is eligible for the PASSPORT program's home first	21458
component if both of the following apply:	21459

(1) The individual has been determined to be eligible for the	21460
medicaid-funded component of the PASSPORT program.	21461

(2) At least one of the following applies:

21462

(a) The individual has been admitted to a nursing facility.

21463

(b) A physician has determined and documented in writing that	21464
the individual has a medical condition that, unless the individual	21465
is enrolled in home and community-based services such as the	21466
PASSPORT program, will require the individual to be admitted to a	21467
nursing facility within thirty days of the physician's	21468
determination.	21469

(c) The individual has been hospitalized and a physician has	21470
determined and documented in writing that, unless the individual	21471
is enrolled in home and community-based services such as the	21472
PASSPORT program, the individual is to be transported directly	21473
from the hospital to a nursing facility and admitted.	21474

(d) Both of the following apply:

21475

(i) The individual is the subject of a report made under	21476
section 5101.61 of the Revised Code regarding abuse, neglect, or	21477
exploitation or such a report referred to a county department of	21478
job and family services under section 5126.31 of the Revised Code	21479
or has made a request to a county department for protective	21480
services as defined in section 5101.60 of the Revised Code.	21481

(ii) A county department of job and family services and an	21482
area agency on aging have jointly documented in writing that,	21483
unless the individual is enrolled in home and community-based	21484
services such as the PASSPORT program, the individual should be	21485
admitted to a nursing facility.	21486

~~(C)~~(B) Each month, each area agency on aging shall identify	21487
individuals residing in the area that the agency serves who are	21488
eligible for the home first component of the PASSPORT program.	21489
When an area agency on aging identifies such an individual, the	21490
agency shall notify the long-term care consultation program	21491
administrator serving the area in which the individual resides.	21492
The administrator shall determine whether the PASSPORT program is	21493
appropriate for the individual and whether the individual would	21494
rather participate in the PASSPORT program than continue or begin	21495
to reside in a nursing facility. If the administrator determines	21496
that the PASSPORT program is appropriate for the individual and	21497
the individual would rather participate in the PASSPORT program	21498
than continue or begin to reside in a nursing facility, the	21499
administrator shall so notify the department of aging. On receipt	21500
of the notice from the administrator, the department shall approve	21501
the individual's enrollment in the medicaid-funded component of	21502
the PASSPORT program regardless of the unified waiting list	21503
established under section ~~173.404~~173.55 of the Revised Code,	21504
unless the enrollment would cause the component to exceed any	21505
limit on the number of individuals who may be enrolled in the	21506
component as set by the United States secretary of health and	21507
human services in the PASSPORT waiver.	21508

Sec. 173.522. (A) The department of aging shall create and	21509
administer the state-funded component of the PASSPORT program. The	21510
state-funded component shall not be administered as part of the	21511
medicaid program.	21512

(B) For an individual to be eligible for the state-funded	21513
component of the PASSPORT program, the individual must meet one of	21514
the following requirements and meet the additional eligibility	21515
requirements applicable to the individual established in rules	21516
adopted under division (D) of this section:	21517

(1) The individual must have been enrolled in the	21518
state-funded component on September 1, 1991, (as the state-funded	21519
component was authorized by uncodified law in effect at that time)	21520
and have had one or more applications for enrollment in the	21521
medicaid-funded component of the PASSPORT program (or, if the	21522
medicaid-funded component is terminated under division (C) of	21523
section 173.52 of the Revised Code, the unified long-term services	21524
and support medicaid waiver component) denied.	21525

(2) The individual must have had the individual's enrollment	21526
in the medicaid-funded component of the PASSPORT program (or, if	21527
the medicaid-funded component is terminated under division (C) of	21528
section 173.52 of the Revised Code, the unified long-term services	21529
and support medicaid waiver component) terminated and the	21530
individual must still need the home and community-based services	21531
provided under the PASSPORT program to protect the individual's	21532
health and safety.	21533

(3) The individual must have an application for the	21534
medicaid-funded component of the PASSPORT program (or, if the	21535
medicaid-funded component is terminated under division (C) of	21536
section 173.52 of the Revised Code, the unified long-term services	21537
and support medicaid waiver component) pending and the department	21538
or the department's designee must have determined that the	21539
individual meets the nonfinancial eligibility requirements of the	21540
medicaid-funded component (or, if the medicaid-funded component is	21541
terminated under division (C) of section 173.52 of the Revised	21542
Code, the unified long-term services and support medicaid waiver	21543
component) and not have reason to doubt that the individual meets	21544
the financial eligibility requirements of the medicaid-funded	21545
component (or, if the medicaid-funded component is terminated	21546
under division (C) of section 173.52 of the Revised Code, the	21547
unified long-term services and support medicaid waiver component).	21548

(C) An individual who is eligible for the state-funded	21549
component of the PASSPORT program because the individual meets the	21550
requirement of division (B)(3) of this section may participate in	21551
the component on that basis for not more than ninety days.	21552

(D) The director of aging shall adopt rules in accordance	21553
with section 111.15 of the Revised Code to implement the	21554
state-funded component of the PASSPORT program. The additional	21555
eligibility requirements established in the rules may vary for the	21556
different groups of individuals specified in divisions (B)(1),	21557
(2), and (3) of this section.	21558

Sec. 173.523. (A) An individual who is an applicant for or	21559
participant or former participant in the state-funded component of	21560
the PASSPORT program may appeal an adverse action taken or	21561
proposed to be taken by the department of aging or an entity	21562
designated by the department concerning participation in or	21563
services provided under the component if the action will result in	21564
any of the following:	21565

(1) Denial of enrollment or continued enrollment in the	21566
component;	21567

(2) Denial of or reduction in the amount of services	21568
requested by or offered to the individual under the component;	21569

(3) Assessment of any patient liability payment pursuant to	21570
rules adopted by the department under this section.	21571

The appeal shall be made in accordance with section 173.56 of	21572
the Revised Code and rules adopted pursuant to that section.	21573

(B) An individual who is an applicant for or participant or	21574
former participant in the state-funded component of the PASSPORT	21575
program may not bring an appeal under this or any other section of	21576
the Revised Code if any of the following is the case:	21577

(1) The individual has voluntarily withdrawn the application	21578
for enrollment in the component;	21579

(2) The individual has voluntarily terminated enrollment in	21580
the component;	21581

(3) The individual agrees with the action being taken or	21582
proposed;	21583

(4) The individual fails to submit a written request for a	21584
hearing to the director of aging within the time specified in the	21585
rules adopted pursuant to section 173.56 of the Revised Code;	21586

(5) The individual has received services under the component	21587
for the maximum time permitted by this section.	21588

~~Sec. 173.402.~~ Sec. 173.524. An individual enrolled in the PASSPORT	21589
program may request that home-delivered meals provided to the	21590
individual under the PASSPORT program be kosher. If such a request	21591
is made, the department of aging or the department's designee	21592
shall ensure that each home-delivered meal provided to the	21593
individual under the PASSPORT program is kosher. In complying with	21594
this requirement, the department or department's designee shall	21595
require each entity that provides home-delivered meals to the	21596
individual to provide the individual with meals that meet, as much	21597
as possible, the requirements established in rules adopted under	21598
~~section 173.40~~sections 173.52 and 173.522 of the Revised Code	21599
governing the home-delivered meal service while complying with	21600
kosher practices for meal preparation and dietary restrictions.	21601

An entity that provides a kosher home-delivered meal to a	21602
PASSPORT program enrollee pursuant to this section shall be	21603
reimbursed for the meal at a rate equal to the rate for	21604
home-delivered meals furnished to PASSPORT program enrollees	21605
requiring a therapeutic diet.	21606

~~Sec. 173.403.~~ Sec. 173.53. (A) ~~As used in this section:~~

21607

~~"Choices program" means the program created under this~~	21608
~~section.~~	21609

~~"Medicaid waiver component" has the same meaning as in~~	21610
~~section 5111.85 of the Revised Code.~~	21611

~~"Unified long-term services and support medicaid waiver~~	21612
~~component" means the medicaid waiver component authorized by~~	21613
~~section 5111.864 of the Revised Code.~~	21614

~~(B) Subject to division (C) of this section, there is hereby~~	21615
~~created~~The department of medicaid shall create the choices	21616
program. In creating the choices program, the department of	21617
medicaid shall collaborate with the department of aging. Subject	21618
to division (B) of this section:	21619

(1) The choices program shall provide home and	21620
community-based services~~. The~~;	21621

(2) The department of aging shall administer the choices	21622
program through a contract entered into with the department of	21623
~~job and family services~~medicaid under section ~~5111.91~~5162.35 of	21624
the Revised Code~~. Subject to federal approval, the~~;	21625

(3) The choices program shall be available statewide.

21626

~~(C)~~(B) If the unified long-term services and support medicaid	21627
waiver component is created, the departments of aging and ~~job and~~	21628
~~family services~~medicaid shall ~~work together~~collaborate to	21629
determine whether the choices program should continue to operate	21630
as a separate medicaid waiver component or be terminated. If the	21631
departments determine that the choices program should be	21632
terminated, the program shall cease to exist on a date the	21633
departments shall specify.	21634

(C) If the choices program is terminated pursuant to division	21635
(B) of this section or for another reason, not sooner than six	21636
months before the date on which the program ceases to exist, the	21637
director of aging may do both of the following:	21638

(1) Suspend new enrollments in the choices program;

21639

(2) Transfer participants of the choices program to the	21640
following:	21641

(a) Except as provided in division (C)(2)(b) of this section,	21642
the medicaid-funded component of the PASSPORT program created	21643
under section 173.52 of the Revised Code;	21644

(b) If the medicaid-funded component of the PASSPORT program	21645
is terminated pursuant to division (C) of section 173.52 of the	21646
Revised Code, the unified long-term services and support medicaid	21647
waiver component.	21648

~~Sec. 5111.89.~~ Sec. 173.54. (A) ~~As used in sections 5111.89 to~~	21649
~~5111.894 of the Revised Code:~~	21650

~~"Area agency on aging" has the same meaning as in section~~	21651
~~173.14 of the Revised Code.~~	21652

~~"Assisted living program" means the program created under~~	21653
~~this section.~~	21654

~~"Assisted living services" means the following home and~~	21655
~~community-based services: personal care, homemaker, chore,~~	21656
~~attendant care, companion, medication oversight, and therapeutic~~	21657
~~social and recreational programming.~~	21658

~~"Assisted living waiver" means the federal medicaid waiver~~	21659
~~granted by the United States secretary of health and human~~	21660
~~services that authorizes the medicaid-funded component of the~~	21661
~~assisted living program.~~	21662

~~"County or district home" means a county or district home~~	21663
~~operated under Chapter 5155. of the Revised Code.~~	21664

~~"Long-term care consultation program" means the program the~~	21665
~~department of aging is required to develop under section 173.42 of~~	21666
~~the Revised Code.~~	21667

~~"Long-term care consultation program administrator" or~~	21668
~~"administrator" means the department of aging or, if the~~	21669
~~department contracts with an area agency on aging or other entity~~	21670
~~to administer the long-term care consultation program for a~~	21671
~~particular area, that agency or entity.~~	21672

~~"Medicaid waiver component" has the same meaning as in~~	21673
~~section 5111.85 of the Revised Code.~~	21674

~~"Nursing facility" has the same meaning as in section 5111.20~~	21675
~~of the Revised Code.~~	21676

~~"Residential care facility" has the same meaning as in~~	21677
~~section 3721.01 of the Revised Code.~~	21678

~~"Unified long-term services and support medicaid waiver~~	21679
~~component" means the medicaid waiver component authorized by~~	21680
~~section 5111.864 of the Revised Code.~~	21681

~~(B) There is hereby created~~The department of medicaid shall	21682
create the medicaid-funded component of the assisted living	21683
program. ~~The program shall provide assisted living services to~~	21684
~~individuals who meet the program's applicable eligibility~~	21685
~~requirements. Subject to division (C) of this section, the program~~	21686
~~shall have a medicaid-funded component and a state-funded~~	21687
~~component~~In creating the medicaid-funded component, the	21688
department of medicaid shall collaborate with the department of	21689
aging.	21690

~~(C)(1)~~(B) Unless the medicaid-funded component of the	21691
assisted living program is terminated under division (C)~~(2)~~ of	21692
this section, all of the following apply:	21693

~~(a)~~(1) The department of aging shall administer the	21694
medicaid-funded component through a contract entered into with the	21695
department of ~~job and family services~~medicaid under section	21696
~~5111.91~~5162.35 of the Revised Code.	21697

~~(b)~~(2) The contract shall include an estimate of the	21698
medicaid-funded component's costs.	21699

~~(c)~~(3) The medicaid-funded component shall be operated as a	21700
separate medicaid waiver component.	21701

~~(d)~~(4) The medicaid-funded component may not serve more	21702
individuals than is set by the United States secretary of health	21703
and human services in the assisted living waiver.	21704

~~(e) The director of job and family services may adopt rules~~	21705
~~under section 5111.85 of the Revised Code regarding the~~	21706
~~medicaid-funded component.~~	21707

~~(f) The~~(5) To the extent authorized by rules authorized by	21708
section 5162.021 of the Revised Code, the director of aging may	21709
adopt rules under Chapter 119. of the Revised Code regarding the	21710
medicaid-funded component ~~that the rules adopted by the director~~	21711
~~of job and family services under division (C)(1)(e) of this~~	21712
~~section authorize the director of aging to adopt~~.	21713

~~(2)~~(C) If the unified long-term services and support medicaid	21714
waiver component is created, the departments of aging and ~~job and~~	21715
~~family services~~medicaid shall ~~work together~~collaborate to	21716
determine whether the medicaid-funded component of the assisted	21717
living program should continue to operate as a separate medicaid	21718
waiver component or be terminated. If the departments determine	21719
that the medicaid-funded component of the assisted living program	21720
should be terminated, the medicaid-funded component shall cease to	21721
exist on a date the departments shall specify.	21722

~~(D) The department of aging shall administer the state-funded~~	21723
~~component of the assisted living program. The state-funded~~	21724
~~component shall not be administered as part of the medicaid~~	21725
~~program.~~	21726

~~An individual who is eligible for the state-funded component~~	21727
~~may participate in the component for not more than ninety days.~~	21728

~~The director of aging shall adopt rules in accordance with~~	21729
~~section 111.15 of the Revised Code to implement the state-funded~~	21730
~~component.~~	21731

~~Sec. 5111.891.~~ Sec. 173.541. To be eligible for the	21732
medicaid-funded component of the assisted living program, an	21733
individual must meet all of the following requirements:	21734

(A) Need an intermediate level of care as determined ~~under~~	21735
~~rule 5101:3-3-06~~by an assessment conducted under section 173.546	21736
of the ~~Administrative~~Revised Code;	21737

(B) While receiving assisted living services under the	21738
medicaid-funded component, reside in a residential care facility	21739
that is authorized by a valid medicaid provider agreement to	21740
participate in the component, including both of the following:	21741

(1) A residential care facility that is owned or operated by	21742
a metropolitan housing authority that has a contract with the	21743
United States department of housing and urban development to	21744
receive an operating subsidy or rental assistance for the	21745
residents of the facility;	21746

(2) A county or district home licensed as a residential care	21747
facility.	21748

(C) Meet all other eligibility requirements for the	21749
medicaid-funded component established in rules adopted ~~pursuant to~~	21750
~~division (C) of~~under section ~~5111.89~~173.54 of the Revised Code.	21751

~~Sec. 5111.894.~~ Sec. 173.542. (A) ~~Subject~~Unless the	21752
medicaid-funded component of the assisted living program is	21753
terminated pursuant to division (C)~~(2)~~ of section ~~5111.89~~173.54	21754
of the Revised Code, the department of aging shall establish a	21755
home first component of the assisted living program under which	21756
eligible individuals may be enrolled in the medicaid-funded	21757
component of the assisted living program in accordance with this	21758
section. An individual is eligible for the assisted living	21759
program's home first component if both of the following apply:	21760

(1) The individual has been determined to be eligible for the	21761
medicaid-funded component of the assisted living program.	21762

(2) At least one of the following applies:

21763

(a) The individual has been admitted to a nursing facility.

21764

(b) A physician has determined and documented in writing that	21765
the individual has a medical condition that, unless the individual	21766
is enrolled in home and community-based services such as the	21767
assisted living program, will require the individual to be	21768
admitted to a nursing facility within thirty days of the	21769
physician's determination.	21770

(c) The individual has been hospitalized and a physician has	21771
determined and documented in writing that, unless the individual	21772
is enrolled in home and community-based services such as the	21773
assisted living program, the individual is to be transported	21774
directly from the hospital to a nursing facility and admitted.	21775

(d) Both of the following apply:

21776

(i) The individual is the subject of a report made under	21777
section 5101.61 of the Revised Code regarding abuse, neglect, or	21778
exploitation or such a report referred to a county department of	21779
job and family services under section 5126.31 of the Revised Code	21780
or has made a request to a county department for protective	21781
services as defined in section 5101.60 of the Revised Code.	21782

(ii) A county department of job and family services and an	21783
area agency on aging have jointly documented in writing that,	21784
unless the individual is enrolled in home and community-based	21785
services such as the assisted living program, the individual	21786
should be admitted to a nursing facility.	21787

(B) Each month, each area agency on aging shall identify	21788
individuals residing in the area that the area agency on aging	21789
serves who are eligible for the home first component of the	21790
assisted living program. When an area agency on aging identifies	21791
such an individual and determines that there is a vacancy in a	21792
residential care facility participating in the medicaid-funded	21793
component of the assisted living program that is acceptable to the	21794
individual, the agency shall notify the long-term care	21795
consultation program administrator serving the area in which the	21796
individual resides. The administrator shall determine whether the	21797
assisted living program is appropriate for the individual and	21798
whether the individual would rather participate in the assisted	21799
living program than continue or begin to reside in a nursing	21800
facility. If the administrator determines that the assisted living	21801
program is appropriate for the individual and the individual would	21802
rather participate in the assisted living program than continue or	21803
begin to reside in a nursing facility, the administrator shall so	21804
notify the department of aging. On receipt of the notice from the	21805
administrator, the department shall approve the individual's	21806
enrollment in the medicaid-funded component of the assisted living	21807
program regardless of the unified waiting list established under	21808
section ~~173.404~~173.55 of the Revised Code, unless the enrollment	21809
would cause the component to exceed any limit on the number of	21810
individuals who may participate in the component as set by the	21811
United States secretary of health and human services in the	21812
assisted living waiver.	21813

Sec. 173.543. The department of aging shall create and	21814
administer the state-funded component of the assisted living	21815
program. The state-funded component shall not be administered as	21816
part of the medicaid program.	21817

An individual who is eligible for the state-funded component	21818
may participate in the component for not more than ninety days.	21819

The director of aging shall adopt rules in accordance with	21820
section 111.15 of the Revised Code to implement the state-funded	21821
component.	21822

~~Sec. 5111.892.~~ Sec. 173.544. To be eligible for the state-funded	21823
component of the assisted living program, an individual must meet	21824
all of the following requirements:	21825

(A) The individual must need an intermediate level of care as	21826
determined ~~under rule 5101:3-3-06~~by an assessment conducted under	21827
section 173.546 of the ~~Administrative~~Revised Code;.	21828

(B) The individual must have an application for the	21829
medicaid-funded component of the assisted living program (or, if	21830
the medicaid-funded component is terminated under division (C)~~(2)~~	21831
of section ~~5111.89~~173.54 of the Revised Code, the unified	21832
long-term services and support medicaid waiver component) pending	21833
and the department or the department's designee must have	21834
determined that the individual meets the nonfinancial eligibility	21835
requirements of the medicaid-funded component (or, if the	21836
medicaid-funded component is terminated under division (C)~~(2)~~ of	21837
section ~~5111.89~~173.54 of the Revised Code, the unified long-term	21838
services and support medicaid waiver component) and not have	21839
reason to doubt that the individual meets the financial	21840
eligibility requirements of the medicaid-funded component (or, if	21841
the medicaid-funded component is terminated under division (C)~~(2)~~	21842
of section ~~5111.89~~173.54 of the Revised Code, the unified	21843
long-term services and support medicaid waiver component).	21844

(C) While receiving assisted living services under the	21845
state-funded component, the individual must reside in a	21846
residential care facility that is authorized by a valid provider	21847
agreement to participate in the component, including both of the	21848
following:	21849

(1) A residential care facility that is owned or operated by	21850
a metropolitan housing authority that has a contract with the	21851
United States department of housing and urban development to	21852
receive an operating subsidy or rental assistance for the	21853
residents of the facility;	21854

(2) A county or district home licensed as a residential care	21855
facility.	21856

(D) The individual must meet all other eligibility	21857
requirements for the state-funded component established in rules	21858
adopted under ~~division (D) of~~ section ~~5111.89~~173.54 of the	21859
Revised Code.	21860

Sec. 173.545. (A) An individual who is an applicant for or	21861
participant or former participant in the state-funded component of	21862
the assisted living program may appeal an adverse action taken or	21863
proposed to be taken by the department of aging or an entity	21864
designated by the department concerning participation in or	21865
services provided under the component if the action will result in	21866
any of the following:	21867

(1) Denial of enrollment or continued enrollment in the	21868
component;	21869

(2) Denial of or reduction in the amount of services	21870
requested by or offered to the individual under the component;	21871

(3) Assessment of any patient liability payment pursuant to	21872
rules adopted by the department under this section.	21873

The appeal shall be made in accordance with section 173.56 of	21874
the Revised Code and rules adopted pursuant to that section.	21875

(B) An individual who is an applicant for or participant or	21876
former participant in the state-funded component of the assisted	21877
living program may not bring an appeal under this or any other	21878
section of the Revised Code if any of the following is the case:	21879

(1) The individual has voluntarily withdrawn the application	21880
for enrollment in the component;	21881

(2) The individual has voluntarily terminated enrollment in	21882
the component;	21883

(3) The individual agrees with the action being taken or	21884
proposed;	21885

(4) The individual fails to submit a written request for a	21886
hearing to the director of aging within the time specified in the	21887
rules adopted pursuant to section 173.56 of the Revised Code;	21888

(5) The individual has received services under the component	21889
for the maximum time permitted by this section.	21890

Sec. 173.546. (A) Each applicant for the assisted living	21891
program shall undergo an assessment to determine whether the	21892
applicant needs an intermediate level of care. The department of	21893
medicaid or an agency under contract pursuant to division (C) of	21894
this section shall conduct the assessment. The assessment may be	21895
performed concurrently with a long-term care consultation provided	21896
under section 173.42 of the Revised Code.	21897

(B) An applicant or applicant's representative has the right	21898
to appeal an assessment's findings. Section 5160.31 of the Revised	21899
Code applies to appeals regarding the medicaid-funded component of	21900
the assisted living program. The department or an agency under	21901
contract to conduct the assessment shall provide written notice of	21902
this right to the applicant or applicant's representative and the	21903
residential care facility in which the applicant intends to reside	21904
if enrolled in the assisted living program. The notice shall	21905
include an explanation of the appeal procedures. The department or	21906
agency under contract to conduct the assessment shall represent	21907
the state in any appeal of an assessment's findings.	21908

(C) The department may contract with one or more agencies to	21909
perform assessments under this section. A contract shall specify	21910
the agency's responsibilities regarding the assessments.	21911

~~Sec. 5111.893.~~ Sec. 173.547. A residential care facility providing	21912
services covered by the assisted living program to an individual	21913
enrolled in the program shall have staff on-site twenty-four hours	21914
each day who are able to do all of the following:	21915

(A) Meet the scheduled and unpredicted needs of the	21916
individuals enrolled in the assisted living program in a manner	21917
that promotes the individuals' dignity and independence;	21918

(B) Provide supervision services for those individuals;

21919

21920

~~Sec. 173.404.~~ Sec. 173.55. (A) As used in this section:

21921

(1) "Department of aging-administered medicaid waiver	21922
component" means each of the following:	21923

(a) The medicaid-funded component of the PASSPORT program	21924
~~created under section 173.40 of the Revised Code~~;	21925

(b) The choices program ~~created under section 173.403 of the~~	21926
~~Revised Code~~;	21927

(c) The medicaid-funded component of the assisted living	21928
program ~~created under section 5111.89 of the Revised Code~~.	21929

(2) "PACE program" means the component of the medicaid	21930
program the department of aging administers pursuant to section	21931
173.50 of the Revised Code.	21932

(B) If the department of aging determines that there are	21933
insufficient funds to enroll all individuals who have applied and	21934
been determined eligible for department of aging-administered	21935
medicaid waiver components and the PACE program, the department	21936
shall establish a unified waiting list for the components and	21937
program. Only individuals eligible for a department of	21938
aging-administered medicaid waiver component or the PACE program	21939
may be placed on the unified waiting list. An individual who may	21940
be enrolled in a department of aging-administered medicaid waiver	21941
component or the PACE program through a home first component	21942
established under section ~~173.401,~~ 173.501, 173.521 or ~~5111.894~~	21943
173.542 of the Revised Code may be so enrolled without being	21944
placed on the unified waiting list.	21945

Sec. 173.56. (A) The department of aging shall adopt rules	21946
in accordance with section 111.15 of the Revised Code governing	21947
appeals brought under section 173.523 or 173.545 of the Revised	21948
Code. The rules shall require notice and the opportunity for a	21949
hearing. The rules may allow an appeal hearing to be conducted by	21950
telephone and permit the department to record hearings conducted	21951
by telephone. Chapter 119. of the Revised Code applies to a	21952
hearing under section 173.523 or 173.545 of the Revised Code only	21953
to the extent provided in rules the department adopts under this	21954
section.	21955

(B) An appeal shall be commenced by submission of a written	21956
request for a hearing to the director of aging within the time	21957
specified in the rules adopted under this section. The hearing may	21958
be recorded, but neither the recording nor a transcript of the	21959
recording is part of the official record of the proceeding. The	21960
director shall notify the individual bringing the appeal of the	21961
director's decision and of the procedure for appealing the	21962
decision.	21963

(C) The director's decision may be appealed to a court of	21964
common pleas pursuant to section 119.12 of the Revised Code. The	21965
appeal shall be governed by that section except as follows:	21966

(1) The appeal shall be in the court of common pleas of the	21967
county in which the individual who brings the appeal resides or,	21968
if the individual does not reside in this state, to the Franklin	21969
county court of common pleas.	21970

(2) The notice of appeal must be mailed to the department and	21971
filed with the court not later than thirty days after the	21972
department mails notice of the director's decision. For good cause	21973
shown, the court may extend the time for mailing and filing the	21974
notice of appeal, but the time cannot exceed six months from the	21975
date the department mails the notice of the director's decision.	21976

(3) If an individual applies to the court for designation as	21977
an indigent and the court grants the application, the individual	21978
shall not be required to furnish the costs of the appeal.	21979

(4) The department is required to file a transcript of the	21980
testimony of the state hearing with the court only if the court	21981
orders that the transcript be filed. The court shall make such an	21982
order only if it finds that the department and the individual	21983
bringing the appeal are unable to stipulate to the facts of the	21984
case and that the transcript is essential to a determination of	21985
the appeal. The department shall file the transcript not later	21986
than thirty days after such an order is issued.	21987

Sec. 173.60. (A) As used in this section:

21988

(1) "Nursing home" has the same meaning as in section 3721.01	21989
of the Revised Code.	21990

(2) "Person-centered care" means a relationship-based	21991
approach to care that honors and respects the opinions of	21992
individuals receiving care and those working closely with them.	21993

(B) The department of aging shall implement a nursing home	21994
quality initiative to improve the provision of person-centered	21995
care in nursing homes. The office of the state long-term care	21996
ombudsman program shall assist the department with the initiative.	21997
The initiative shall include quality improvement projects that	21998
provide nursing homes with resources and on-site education	21999
promoting person-centered care strategies and positive resident	22000
outcomes, as well as other assistance designed to improve the	22001
quality of nursing home services. The department may offer any of	22002
the projects.	22003

(C) The department shall make available a list of quality	22004
improvement projects that may be used by nursing homes in meeting	22005
the requirements of section 3721.072 of the Revised Code. In	22006
addition to any of the projects offered by the department pursuant	22007
to division (B) of this section, the list may include projects	22008
offered by any of the following:	22009

(1) Other state agencies;

22010

(2) A quality improvement organization under contract with	22011
the United States secretary of health and human services to carry	22012
out in this state the functions described in the "Social Security	22013
Act," section 1154, 42 U.S.C. 1320c-3;	22014

(3) The Ohio person-centered care coalition;

22015

(4) Any other academic, research, or health care entity	22016
identified by the department.	22017

(D) The director of aging may adopt rules in accordance with	22018
Chapter 119. of the Revised Code as necessary to implement this	22019
section.	22020

Sec. 173.99. (A) A long-term care provider, person employed	22021
by a long-term care provider, other entity, or employee of such	22022
other entity that violates division (C) of section 173.24 of the	22023
Revised Code is subject to a fine not to exceed one thousand	22024
dollars for each violation.	22025

(B) Whoever violates division (C) of section 173.23 of the	22026
Revised Code is guilty of registering a false complaint, a	22027
misdemeanor of the first degree.	22028

(C) A long-term care provider, other entity, or person	22029
employed by a long-term care provider or other entity that	22030
violates division (E) of section 173.19 of the Revised Code by	22031
denying a representative of the office of the state long-term care	22032
~~ombudsperson~~ombudsman program the access required by that	22033
division is subject to a fine not to exceed five hundred dollars	22034
for each violation.	22035

(D) Whoever violates division (C) of section 173.44 of the	22036
Revised Code is subject to a fine of one hundred dollars.	22037

Sec. 183.16. There is hereby created the southern Ohio	22038
agricultural and community development foundation endowment fund,	22039
which shall be in the custody of the treasurer of state but shall	22040
not be a part of the state treasury. The endowment fund shall	22041
consist of ~~amounts appropriated from the southern Ohio~~	22042
~~agricultural and community development trust fund, as well as~~	22043
grants and donations made to the southern Ohio agricultural and	22044
community development foundation and investment earnings of the	22045
fund. The endowment fund shall be used by the foundation to carry	22046
out its duties.	22047

The foundation is the trustee of the endowment fund.	22048
Disbursements from the fund shall be paid by the treasurer of	22049
state only upon instruments duly authorized by the board of	22050
trustees of the foundation. At the request of The foundation, the	22051
treasurer of state shall select and contract with one or more	22052
investment managers to invest all money credited to the fund that	22053
is not currently needed for carrying out the functions of the	22054
foundation. The eligible list of investments shall be the same as	22055
for the public employees retirement system under section 145.11 of	22056
the Revised Code. All investments shall be subject to the same	22057
limitations and requirements as the retirement system under that	22058
section and sections 145.112 and 145.113 of the Revised Code.	22059

No money from the southern Ohio agricultural and community	22060
development foundation endowment fund shall be used for the direct	22061
production costs of growing tobacco.	22062

Sec. 183.33. No money shall be appropriated or transferred	22063
from the general revenue fund to the law enforcement improvements	22064
trust fund, ~~southern Ohio agricultural and community development~~	22065
~~trust fund,~~ southern Ohio agricultural and community development	22066
foundation endowment fund, Ohio's public health priorities trust	22067
fund, biomedical research and technology transfer trust fund,	22068
education facilities trust fund, or education technology trust	22069
fund.	22070

Sec. 187.10. (A) No person, with purpose to corrupt a	22071
director, officer, or employee of JobsOhio, shall promise, offer,	22072
or give any valuable thing or valuable benefit.	22073

(B) No person who is a director, officer, or employee of	22074
JobsOhio, either before or after being appointed, qualified, or	22075
employed in that capacity, shall knowingly solicit or accept for	22076
self or another person any valuable thing or valuable benefit to	22077
corrupt or improperly influence the person or another director,	22078
officer, or employee of JobsOhio with respect to the discharge of	22079
the person's or the other director's, officer's, or employee's	22080
duty.	22081

(C) Whoever violates division (A) or (B) of this section is	22082
guilty of the offense of bribery, as set forth in section 2921.02	22083
of the Revised Code.	22084

Sec. 191.01. As used in this chapter:

22085

(A) "Administrative safeguards," "availability,"	22086
"confidentiality," "integrity," "physical safeguards," and	22087
"technical safeguards" have the same meanings as in 45 C.F.R.	22088
164.304.	22089

(B) "Business associate," "covered entity," "health plan,"	22090
"individually identifiable health information," and "protected	22091
health information" have the same meanings as in 45 C.F.R.	22092
160.103.	22093

(C) "Executive director of the office of health	22094
transformation" or "executive director" means the executive	22095
director of the office of health transformation or the chief	22096
administrative officer of a successor governmental entity	22097
responsible for health system oversight in this state.	22098

(D) "Government program providing public benefits" means any	22099
program administered by a state agency that has been identified,	22100
pursuant to section 191.02 of the Revised Code, by the executive	22101
director of the office of health transformation in consultation	22102
with the individuals specified in that section.	22103

(E) "Office of health transformation" means the office of	22104
health transformation created by executive order 2011-02K.	22105

(F) "Operating protocol" means a protocol adopted by the	22106
executive director of the office of health transformation or the	22107
executive director's designee under division (D) of section 191.06	22108
of the Revised Code.	22109

(G) "Participating agency" means a state agency that	22110
participates in a health transformation initiative as specified in	22111
the one or more operating protocols adopted for the initiative	22112
under division (D) of section 191.06 of the Revised Code.	22113

(H) "Personally identifiable information" means information	22114
that meets both of the following criteria:	22115

(1) It identifies an individual or there is a reasonable	22116
basis to believe that it may be used to identify an individual;	22117

(2) It relates to an individual's eligibility for,	22118
application for, or receipt of public benefits from a government	22119
program providing public benefits.	22120

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

22121

(1) The department of administrative services;

22122

(2) The department of aging;

22123

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

22124

(3) The ~~department of~~ development services agency;

22125

(4) The department of developmental disabilities;

22126

(5) The department of education;

22127

(6) The department of health;

22128

(7) The department of insurance;

22129

(8) The department of job and family services;

22130

(9) The department of medicaid;

22131

(10) The department of ~~mental health~~mental health and	22132
addiction services;	22133

~~(10)~~(11) The department of rehabilitation and correction;

22134

~~(11)~~(12) The department of taxation;

22135

~~(12)~~(13) The department of veterans services;

22136

~~(13)~~(14) The department of youth services.

22137

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

22138

Sec. 191.02. The executive director of the office of health	22139
transformation, in consultation with all of the following	22140
individuals, shall identify each government program administered	22141
by a state agency that is to be considered a government program	22142
providing public benefits for purposes of section 191.04 of the	22143
Revised Code:	22144

(A) The director of administrative services;

22145

(B) The director of aging;

22146

~~(B) The director of alcohol and drug addiction services;~~

22147

22148

(D) The director of developmental disabilities;

22149

(E) The director of health;

22150

(F) The director of job and family services;

22151

(G) The director of medicaid;

22152

(H) The director of ~~mental health~~mental health and addiction	22153
services;	22154

~~(H)~~(I) The director of rehabilitation and correction;

22155

~~(I)~~(J) The director of veterans services;

22156

~~(J)~~(K) The director of youth services;

22157

~~(K)~~(L) The ~~administrator~~executive director of the	22158
~~rehabilitation services commission~~opportunities for Ohioans with	22159
disabilities agency;	22160

~~(L)~~(M) The administrator of workers' compensation;

22161

~~(M)~~(N) The superintendent of insurance;

22162

~~(N)~~(O) The superintendent of public instruction;

22163

~~(O)~~(P) The tax commissioner.

22164

Sec. 191.04. (A) In accordance with federal laws governing	22165
the confidentiality of individually identifiable health	22166
information, including the "Health Insurance Portability and	22167
Accountability Act of 1996," 104 Pub. L. No. 191, 110 Stat. 2021,	22168
42 U.S.C. 1320d et seq., as amended, and regulations promulgated	22169
by the United States department of health and human services to	22170
implement the act, a state agency may exchange protected health	22171
information with another state agency relating to eligibility for	22172
or enrollment in a health plan or relating to participation in a	22173
government program providing public benefits if the exchange of	22174
information is necessary for either or both of the following:	22175

(1) Operating a health plan;

22176

(2) Coordinating, or improving the administration or	22177
management of, the health care-related functions of at least one	22178
government program providing public benefits.	22179

(B) For fiscal ~~year~~years 2013, 2014, and 2015 only, a state	22180
agency also may exchange personally identifiable information with	22181
another state agency for purposes related to and in support of a	22182
health transformation initiative identified by the executive	22183
director of the office of health transformation pursuant to	22184
division (C) of section 191.06 of the Revised Code.	22185

(C) With respect to a state agency that uses or discloses	22186
personally identifiable information, all of the following	22187
conditions apply:	22188

(1) The state agency shall use or disclose the information	22189
only as permitted or required by state and federal law. In	22190
addition, if the information is obtained during fiscal year 2013,	22191
2014, or 2015 from an exchange of personally identifiable	22192
information permitted under division (B) of this section, the	22193
agency shall also use or disclose the information in accordance	22194
with all operating protocols that apply to the use or disclosure.	22195

(2) If the state agency is a state agency other than the	22196
department of ~~job and family services~~medicaid and it uses or	22197
discloses protected health information that is related to a	22198
medicaid recipient and obtained from the department of ~~job and~~	22199
~~family services~~medicaid or another agency operating a component	22200
of the medicaid program, the state agency shall comply with all	22201
state and federal laws that apply to the department of ~~job and~~	22202
~~family services~~medicaid when that department, as the state's	22203
single state agency to supervise the medicaid program ~~as specified~~	22204
~~in section 5111.01 of the Revised Code~~, uses or discloses	22205
protected health information.	22206

(3) A state agency shall implement administrative, physical,	22207
and technical safeguards for the purpose of protecting the	22208
confidentiality, integrity, and availability of personally	22209
identifiable information the creation, receipt, maintenance, or	22210
transmittal of which is affected or governed by this section.	22211

(4) If a state agency discovers an unauthorized use or	22212
disclosure of unsecured protected health information or unsecured	22213
individually identifiable health information, the state agency	22214
shall, not later than seventy-two hours after the discovery, do	22215
all of the following:	22216

(a) Identify the individuals who are the subject of the	22217
protected health information or individually identifiable health	22218
information;	22219

(b) Report the discovery and the names of all individuals	22220
identified pursuant to division (C)(4)(a) of this section to all	22221
other state agencies and the executive director of the office of	22222
health transformation or the executive director's designee;	22223

(c) Mitigate, to the extent reasonably possible, any	22224
potential adverse effects of the unauthorized use or disclosure.	22225

(5) A state agency shall make available to the executive	22226
director of the office of health transformation or the executive	22227
director's designee, and to any other state or federal	22228
governmental entity required by law to have access on that	22229
entity's request, all internal practices, records, and	22230
documentation relating to personally identifiable information it	22231
receives, uses, or discloses that is affected or governed by this	22232
section.	22233

(6) On termination or expiration of an operating protocol and	22234
if feasible, a state agency shall return or destroy all personally	22235
identifiable information received directly from or received on	22236
behalf of another state agency. If the personally identifiable	22237
information is not returned or destroyed, the state agency	22238
maintaining the information shall extend the protections set forth	22239
in this section for as long as it is maintained.	22240

(7) If a state agency enters into a subcontract or, when	22241
required by 45 C.F.R. 164.502(e)(2), a business associate	22242
agreement, the subcontract or business associate agreement shall	22243
require the subcontractor or business associate to comply with the	22244
terms of this section as if the subcontractor or business	22245
associate were a state agency.	22246

Sec. 191.06. (A) The provisions of this section shall apply	22247
only for fiscal ~~year~~years 2013, 2014, and 2015.	22248

(B) The executive director of the office of health	22249
transformation or the executive director's designee may facilitate	22250
the coordination of operations and exchange of information between	22251
state agencies. The purpose of the executive director's authority	22252
under this section is to support agency collaboration for health	22253
transformation purposes, including modernization of the medicaid	22254
program, streamlining of health and human services programs in	22255
this state, and improving the quality, continuity, and efficiency	22256
of health care and health care support systems in this state.	22257

(C) In furtherance of the authority of the executive director	22258
of the office of health transformation under division (B) of this	22259
section, the executive director or the executive director's	22260
designee shall identify each health transformation initiative in	22261
this state that involves the participation of two or more state	22262
agencies and that permits or requires an interagency agreement to	22263
be entered into for purposes of specifying each participating	22264
agency's role in coordinating, operating, or funding the	22265
initiative, or facilitating the exchange of data or other	22266
information for the initiative. The executive director shall	22267
publish a list of the identified health transformation initiatives	22268
on the internet web site maintained by the office of health	22269
transformation.	22270

(D) For each health transformation initiative that is	22271
identified under division (C) of this section, the executive	22272
director or the executive director's designee shall, in	22273
consultation with each participating agency, adopt one or more	22274
operating protocols. Notwithstanding any law enacted by the	22275
general assembly or rule adopted by a state agency, the provisions	22276
in a protocol shall supersede any provisions in an interagency	22277
agreement, including an interagency agreement entered into under	22278
section 5101.10 or ~~5111.91~~5162.35 of the Revised Code, that	22279
differ from the provisions of the protocol.	22280

(E)(1) An operating protocol adopted under division (D) of	22281
this section shall include both of the following:	22282

(a) All terms necessary to meet the requirements of "other	22283
arrangements" between a covered entity and a business associate	22284
that are referenced in 45 C.F.R. 164.314(a)(2)(ii);	22285

(b) If known, the date on which the protocol will terminate	22286
or expire.	22287

(2) In addition, a protocol may specify the extent to which	22288
each participating agency is responsible and accountable for	22289
completing the tasks necessary for successful completion of the	22290
initiative, including tasks relating to the following components	22291
of the initiative:	22292

(a) Workflow;

22293

(b) Funding;

22294

(c) Exchange of data or other information that is	22295
confidential pursuant to state or federal law.	22296

(F) An operating protocol adopted under division (D) of this	22297
section shall have the same force and effect as an interagency	22298
agreement or data sharing agreement, and each participating agency	22299
shall comply with it.	22300

~~(G) The director of job and family services shall determine~~	22301
~~whether a waiver of federal medicaid requirements or a medicaid~~	22302
~~state plan amendment is necessary to fulfill the requirements of~~	22303
~~this section. If the director determines a waiver or medicaid~~	22304
~~state plan amendment is necessary, the director shall apply to the~~	22305
~~United States secretary of health and human services for the~~	22306
~~waiver or amendment.~~	22307

Sec. 301.28. (A) As used in this section:

22308

(1) "Financial transaction device" includes a credit card,	22309
debit card, charge card, or prepaid or stored value card, or	22310
automated clearinghouse network credit, debit, or e-check entry	22311
that includes, but is not limited to, accounts receivable and	22312
internet-initiated, point of purchase, and telephone-initiated	22313
applications or any other device or method for making an	22314
electronic payment or transfer of funds.	22315

(2) "County expenses" includes fees, costs, taxes,	22316
assessments, fines, penalties, payments, or any other expense a	22317
person owes or otherwise pays to a county office under the	22318
authority of a county official, other than dog registration and	22319
kennel fees required to be paid under Chapter 955. of the Revised	22320
Code. "County expenses" includes payment to a county office of	22321
money confiscated during the commitment of an individual to a	22322
county jail, of bail, of money for a prisoner's inmate account,	22323
and of money for goods and services obtained by or for the use of	22324
an individual incarcerated by a county sheriff.	22325

(3) "County official" includes the county auditor, county	22326
treasurer, county engineer, county recorder, county prosecuting	22327
attorney, county sheriff, county coroner, county park district and	22328
board of county commissioners, the clerk of the probate court, the	22329
clerk of the juvenile court, the clerks of court for all divisions	22330
of the courts of common pleas, and the clerk of the court of	22331
common pleas, the clerk of a county-operated municipal court, and	22332
the clerk of a county court.	22333

The term "county expenses" includes county expenses owed to	22334
the board of health of the general health district or a combined	22335
health district in the county. If the board of county	22336
commissioners authorizes county expenses to be paid by financial	22337
transaction devices under this section, then the board of health	22338
and the general health district and the combined health district	22339
may accept payments by financial transaction devices under this	22340
section as if the board were a "county official" and the district	22341
were a county office. However, in the case of a general health	22342
district formed by unification of general health districts under	22343
section 3709.10 of the Revised Code, this entitlement applies only	22344
if all the boards of county commissioners of all counties in the	22345
district have authorized payments to be accepted by financial	22346
transaction devices.	22347

(B) Notwithstanding any other section of the Revised Code and	22348
except as provided in division (D) of this section, a board of	22349
county commissioners may adopt a resolution authorizing the	22350
acceptance of payments by financial transaction devices for county	22351
expenses. The resolution shall include the following:	22352

(1) A specification of those county officials who, and of the	22353
county offices under those county officials that, are authorized	22354
to accept payments by financial transaction devices;	22355

(2) A list of county expenses that may be paid for through	22356
the use of a financial transaction device;	22357

(3) Specific identification of financial transaction devices	22358
that the board authorizes as acceptable means of payment for	22359
county expenses. Uniform acceptance of financial transaction	22360
devices among different types of county expenses is not required.	22361

(4) The amount, if any, authorized as a surcharge or	22362
convenience fee under division (E) of this section for persons	22363
using a financial transaction device. Uniform application of	22364
surcharges or convenience fees among different types of county	22365
expenses is not required.	22366

(5) A specific provision as provided in division (G) of this	22367
section requiring the payment of a penalty if a payment made by	22368
means of a financial transaction device is returned or dishonored	22369
for any reason.	22370

The board's resolution shall also designate the county	22371
treasurer as an administrative agent to solicit proposals, within	22372
guidelines established by the board in the resolution and in	22373
compliance with the procedures provided in division (C) of this	22374
section, from financial institutions, issuers of financial	22375
transaction devices, and processors of financial transaction	22376
devices, to make recommendations about those proposals to the	22377
board, and to assist county offices in implementing the county's	22378
financial transaction devices program. The county treasurer may	22379
decline this responsibility within thirty days after receiving a	22380
copy of the board's resolution by notifying the board in writing	22381
within that period. If the treasurer so notifies the board, the	22382
board shall perform the duties of the administrative agent.	22383

If the county treasurer is the administrative agent and fails	22384
to administer the county financial transaction devices program in	22385
accordance with the guidelines in the board's resolution, the	22386
board shall notify the treasurer in writing of the board's	22387
findings, explain the failures, and give the treasurer six months	22388
to correct the failures. If the treasurer fails to make the	22389
appropriate corrections within that six-month period, the board	22390
may pass a resolution declaring the board to be the administrative	22391
agent. The board may later rescind that resolution at its	22392
discretion.	22393

(C) The county shall follow the procedures provided in this	22394
division whenever it plans to contract with financial	22395
institutions, issuers of financial transaction devices, or	22396
processors of financial transaction devices for the purposes of	22397
this section. The administrative agent shall request proposals	22398
from at least three financial institutions, issuers of financial	22399
transaction devices, or processors of financial transaction	22400
devices, as appropriate in accordance with the resolution adopted	22401
under division (B) of this section. Prior to sending any financial	22402
institution, issuer, or processor a copy of any such request, the	22403
county shall advertise its intent to request proposals in a	22404
newspaper of general circulation in the county once a week for two	22405
consecutive weeks or as provided in section 7.16 of the Revised	22406
Code. The notice shall state that the county intends to request	22407
proposals; specify the purpose of the request; indicate the date,	22408
which shall be at least ten days after the second publication, on	22409
which the request for proposals will be mailed to financial	22410
institutions, issuers, or processors; and require that any	22411
financial institution, issuer, or processor, whichever is	22412
appropriate, interested in receiving the request for proposals	22413
submit written notice of this interest to the county not later	22414
than noon of the day on which the request for proposals will be	22415
mailed.	22416

Upon receiving the proposals, the administrative agent shall	22417
review them and make a recommendation to the board of county	22418
commissioners on which proposals to accept. The board of county	22419
commissioners shall consider the agent's recommendation and review	22420
all proposals submitted, and then may choose to contract with any	22421
or all of the entities submitting proposals, as appropriate. The	22422
board shall provide any financial institution, issuer, or	22423
processor that submitted a proposal, but with which the board does	22424
not enter into a contract, notice that its proposal is rejected.	22425
The notice shall state the reasons for the rejection, indicate	22426
whose proposals were accepted, and provide a copy of the terms and	22427
conditions of the successful bids.	22428

(D) A board of county commissioners adopting a resolution	22429
under this section shall send a copy of the resolution to each	22430
county official in the county who is authorized by the resolution	22431
to accept payments by financial transaction devices. After	22432
receiving the resolution and before accepting payments by	22433
financial transaction devices, a county official shall provide	22434
written notification to the board of county commissioners of the	22435
official's intent to implement the resolution within the	22436
official's office. Each county office subject to the board's	22437
resolution adopted under division (B) of this section may use only	22438
the financial institutions, issuers of financial transaction	22439
devices, and processors of financial transaction devices with	22440
which the board of county commissioners contracts, and each such	22441
office is subject to the terms of those contracts.	22442

If a county office under the authority of a county official	22443
is directly responsible for collecting one or more county expenses	22444
and the county official determines not to accept payments by	22445
financial transaction devices for one or more of those expenses,	22446
the office shall not be required to accept payments by financial	22447
transaction devices, notwithstanding the adoption of a resolution	22448
by the board of county commissioners under this section.	22449

Any office of a clerk of the court of common pleas that	22450
accepts financial transaction devices on or before July 1, 1999,	22451
and any other county office that accepted such devices before	22452
January 1, 1998, may continue to accept such devices without being	22453
subject to any resolution passed by the board of county	22454
commissioners under division (B) of this section, or any other	22455
oversight by the board of the office's financial transaction	22456
devices program. Any such office may use surcharges or convenience	22457
fees in any manner the county official in charge of the office	22458
determines to be appropriate, and, if the county treasurer	22459
consents, may appoint the county treasurer to be the office's	22460
administrative agent for purposes of accepting financial	22461
transaction devices. In order not to be subject to the resolution	22462
of the board of county commissioners adopted under division (B) of	22463
this section, a county office shall notify the board in writing	22464
within thirty days after March 30, 1999, that it accepted	22465
financial transaction devices prior to January 1, 1998, or, in the	22466
case of the office of a clerk of the court of common pleas, the	22467
clerk has accepted or will accept such devices on or before July	22468
1, 1999. Each such notification shall explain how processing costs	22469
associated with financial transaction devices are being paid and	22470
shall indicate whether surcharge or convenience fees are being	22471
passed on to consumers.	22472

(E) A board of county commissioners may establish a surcharge	22473
or convenience fee that may be imposed upon a person making	22474
payment by a financial transaction device. The surcharge or	22475
convenience fee shall not be imposed unless authorized or	22476
otherwise permitted by the rules prescribed by an agreement	22477
governing the use and acceptance of the financial transaction	22478
device.	22479

If a surcharge or convenience fee is imposed, every county	22480
office accepting payment by a financial transaction device,	22481
regardless of whether that office is subject to a resolution	22482
adopted by a board of county commissioners, shall clearly post a	22483
notice in that office and shall notify each person making a	22484
payment by such a device about the surcharge or fee. Notice to	22485
each person making a payment shall be provided regardless of the	22486
medium used to make the payment and in a manner appropriate to	22487
that medium. Each notice shall include all of the following:	22488

(1) A statement that there is a surcharge or convenience fee	22489
for using a financial transaction device;	22490

(2) The total amount of the charge or fee expressed in	22491
dollars and cents for each transaction, or the rate of the charge	22492
or fee expressed as a percentage of the total amount of the	22493
transaction, whichever is applicable;	22494

(3) A clear statement that the surcharge or convenience fee	22495
is nonrefundable.	22496

(F) If a person elects to make a payment to the county by a	22497
financial transaction device and a surcharge or convenience fee is	22498
imposed, the payment of the surcharge or fee shall be considered	22499
voluntary and the surcharge or fee is not refundable.	22500

(G) If a person makes payment by financial transaction device	22501
and the payment is returned or dishonored for any reason, the	22502
person is liable to the county for payment of a penalty over and	22503
above the amount of the expense due. The board of county	22504
commissioners shall determine the amount of the penalty, which may	22505
be either a fee not to exceed twenty dollars or payment of the	22506
amount necessary to reimburse the county for banking charges,	22507
legal fees, or other expenses incurred by the county in collecting	22508
the returned or dishonored payment. The remedies and procedures	22509
provided in this section are in addition to any other available	22510
civil or criminal remedies provided by law.	22511

(H) No person making any payment by financial transaction	22512
device to a county office shall be relieved from liability for the	22513
underlying obligation except to the extent that the county	22514
realizes final payment of the underlying obligation in cash or its	22515
equivalent. If final payment is not made by the financial	22516
transaction device issuer or other guarantor of payment in the	22517
transaction, the underlying obligation shall survive and the	22518
county shall retain all remedies for enforcement that would have	22519
applied if the transaction had not occurred.	22520

(I) A county official or employee who accepts a financial	22521
transaction device payment in accordance with this section and any	22522
applicable state or local policies or rules is immune from	22523
personal liability for the final collection of such payments.	22524

Sec. 305.23. (A) As used in this section:

22525

(1) "County office" means the offices of the county	22526
commissioner, county auditor, county treasurer, county engineer,	22527
county recorder, county prosecuting attorney, county sheriff,	22528
county coroner, county park district, veterans service commission,	22529
clerk of the juvenile court, clerks of court for all divisions of	22530
the courts of common pleas, including the clerk of the court of	22531
common pleas, clerk of a county-operated municipal court, and	22532
clerk of a county court, and any agency, department, or division	22533
under the authority of, or receiving funding in whole or in part	22534
from, any of those county offices.	22535

(2) "Human resources" means any and all functions relating to	22536
human resource management, including civil service, employee	22537
benefits administration, collective bargaining, labor relations,	22538
risk management, workers' compensation, unemployment compensation,	22539
and any human resource management function required by state or	22540
federal law, but "human resources" does not authorize a board of	22541
county commissioners to adopt a resolution establishing a	22542
centralized human resource service that requires any county office	22543
to conform to any classification and compensation plan, position	22544
descriptions, or organizational structure; to determine the rate	22545
of compensation of any employee appointed by the appointing	22546
authority of a county office or the salary ranges for positions of	22547
a county office within the aggregate limits set in the	22548
appropriation resolution of the board of county commissioners; to	22549
determine the number of or the terms of employment of any employee	22550
appointed by the appointing authority of a county office within	22551
the aggregate limits set in the board's appropriation resolution;	22552
or to exercise powers relating to the hiring, qualifications,	22553
evaluation, suspension, demotion, disciplinary action, layoff,	22554
furloughing, establishment of a modified work-week schedule, or	22555
the termination of any employee appointed by the appointing	22556
authority of any county office.	22557

(B) Subject to division (C) of this section, a board of	22558
county commissioners may adopt a resolution establishing	22559
centralized purchasing, printing, transportation, vehicle	22560
maintenance, human resources, revenue collection, and mail	22561
operation services for a county office. Before adopting a	22562
resolution under this section, the board of county commissioners,	22563
in a written notice, shall inform any other county office that	22564
will be impacted by the resolution of the board's desire to	22565
establish a centralized service or services. The written notice	22566
shall include a statement that provides the rationale and the	22567
estimated savings anticipated for centralizing a service or	22568
services. In addition, the board may request any other county	22569
office to serve as the agent and responsible party for	22570
administering a centralized service or services. That county	22571
office may enter into an agreement with the board of county	22572
commissioners to administer the centralized service or services	22573
under such terms and conditions as are included in the agreement,	22574
but nothing in this section authorizes the board of county	22575
commissioners to require a county office to serve as the agent and	22576
responsible party for administering a centralized service or	22577
services at the board's request.	22578

A resolution establishing a centralized service or services	22579
shall specify all of the following:	22580

(1) The name of the county office that will be the agent and	22581
responsible party for administering a centralized service or	22582
services, and if the agent and responsible party is not the board	22583
of county commissioners, the designation of the county office that	22584
has entered into an agreement under division (B) of this section	22585
with the board to be the agent and responsible party;	22586

(2) Which county offices are required to use the centralized	22587
services;	22588

(3) If not all of the centralized services, which centralized	22589
service each county office must use;	22590

(4) A list of rates and charges the county office shall pay	22591
for the centralized services;	22592

(5) The date upon which each county office specified in the	22593
resolution shall begin using the centralized services.	22594

Not later than ten days after a resolution is adopted under	22595
this section, the clerk of the board of county commissioners shall	22596
send a copy of the resolution to each county office that is	22597
specified in the resolution.	22598

(C) A board of county commissioners shall not adopt a	22599
resolution that establishes a centralized service or services	22600
regarding any of the following:	22601

(1) Purchases made for contract services with moneys from the	22602
~~special fund designated as "general~~county recorder's technology	22603
fund ~~moneys to supplement the equipment needs of the county~~	22604
~~recorder"~~established under section 317.321 of the Revised Code or	22605
from the funds that are paid out of the general fund of the county	22606
under sections 325.071 and 325.12 of the Revised Code;	22607

(2) Purchases made with moneys from the real estate	22608
assessment fund established under section 325.31 of the Revised	22609
Code;	22610

(3) Purchases of financial software used by the county	22611
auditor;	22612

(4) The printing of county property tax bills;

22613

(5) The collection of any taxes, assessments, and fees the	22614
county treasurer is required by law to collect;	22615

(6) Purchases of software used by the county recorder.

22616

(D) Nothing in this section authorizes the board of county	22617
commissioners to have control or authority over funds that are	22618
received directly by a county office under another section of the	22619
Revised Code, or to control, or have authority regarding, the	22620
expenditure or use of such funds.	22621

Sec. 307.07. (A) The board of county commissioners, by	22622
resolution, may create an office of economic development, to	22623
develop and promote plans and programs designed to assure that	22624
county resources are efficiently used, economic growth is properly	22625
balanced, and that county economic development is coordinated with	22626
that of the state and other local governments. For this purpose,	22627
the board may appropriate moneys from the county general fund, or,	22628
pursuant to section 307.64 of the Revised Code, moneys derived	22629
from a tax levied pursuant to division (EE) of section 5705.19 of	22630
the Revised Code,. The moneys so appropriated may be used for the	22631
creation and operation of the office, for, any economic	22632
development purpose of the office, and to provide for the	22633
establishment and operation of a program of economic development,	22634
including in support of a county land reutilization corporation	22635
organized under Chapter 1724. of the Revised Code. In support of a	22636
county land reutilization corporation, the board of county	22637
commissioners may enter into a contract with the corporation to	22638
provide employees to provide services to the corporation. An	22639
employee of the board who provides services to a county land	22640
reutilization corporation under such a contract shall not be	22641
considered an employee of the corporation during the provision of	22642
services, but shall remain an employee of the county. The board	22643
may hire a director of economic development, who shall be a member	22644
of the unclassified civil service, and fix the director's	22645
compensation; or may do any of the following:	22646

(1) Enter into an agreement with a county planning commission	22647
within the county, created under section 713.22 of the Revised	22648
Code, or a regional planning commission, created under section	22649
713.21 of the Revised Code, regardless of whether the county is a	22650
member of the commission, to carry out all of the functions and	22651
duties of a director of economic development under division (B) of	22652
this section. Any agreement shall set forth the procedure by which	22653
the county or regional planning commission shall gain the approval	22654
of the board of county commissioners for any actions, functions,	22655
and duties under division (B) of this section. Any agreement may	22656
continue in effect for a period of one to three years and may be	22657
renewed with the consent of all parties. The civil service status	22658
of planning commission staff shall not be affected by any	22659
agreement under this division.	22660

(2) Enter into an agreement with ~~the Ohio cooperative~~OSU	22661
extension ~~service~~, providing for the use of employees hired by the	22662
Ohio state university under section 3335.36 of the Revised Code to	22663
carry out all of the functions and duties of a director of	22664
economic development under division (B) of this section. Any	22665
agreement shall set forth the procedure by which ~~the Ohio~~	22666
~~cooperative~~OSU extension ~~service~~ shall gain the approval of the	22667
board of county commissioners for any actions, functions, and	22668
duties under division (B) of this section. Any agreement may	22669
continue in effect for a period of one to three years and may be	22670
renewed with the consent of all parties. The employment	22671
classification of ~~Ohio cooperative~~OSU extension ~~service~~ employees	22672
shall not be affected by any agreement under this division.	22673

Any moneys appropriated by the board of county commissioners	22674
to execute an agreement for the provision of services pursuant to	22675
this section by ~~the Ohio cooperative~~OSU extension ~~service~~ shall	22676
be paid to the Ohio state university to the credit of the ~~Ohio~~	22677
~~cooperative~~OSU extension ~~service~~ fund created under section	22678
3335.35 of the Revised Code.	22679

(3) Enter into an agreement with a public or private	22680
nonprofit organization to carry out all of the functions and	22681
duties of a director of economic development under division (B) of	22682
this section. The agreement shall set forth the procedure by which	22683
the nonprofit organization shall gain the approval of the board of	22684
county commissioners for any actions, functions, and duties under	22685
that division. The agreement may continue in effect for a period	22686
of one to three years and may be renewed with the consent of all	22687
parties. The employment classification of the nonprofit	22688
organization's employees shall not be affected by an agreement	22689
under this division.	22690

(B) The director of economic development may:

22691

(1) With the approval of the board, hire such staff and	22692
employ such technical and advisory personnel as the director sees	22693
fit to enable the director to carry out the functions and duties	22694
of the office;	22695

(2) With the approval of the board, contract for services	22696
necessary to enable the director to carry out the functions and	22697
duties of the office;	22698

(3) With the approval of the board, enter into agreements	22699
with federal, state, and local governments and agencies thereof,	22700
and with public, private, or nonprofit organizations to carry out	22701
the functions and duties of the office;	22702

(4) Maintain membership in development organizations;

22703

(5) With the approval of the board, make loans or grants and	22704
provide other forms of financial assistance for the purpose of	22705
economic development, including financial assistance for permanent	22706
public improvements, in compliance with applicable laws of this	22707
state, and fix the rate of interest and charges to be made for	22708
such financial assistance;	22709

(6) With the approval of the board, receive and accept	22710
grants, gifts, and contributions of money, property, labor, and	22711
other things of value, to be held, used, and applied only for the	22712
purpose for which they are made, from individuals, private and	22713
public corporations, the United States government or any agency	22714
thereof, from the state or any agency thereof, or from any	22715
political subdivision or any agency thereof, and may agree to	22716
repay any contribution of money or return any property contributed	22717
or the value thereof in amounts, and on terms and conditions,	22718
excluding the payment of interest, as the director determines, and	22719
may evidence the obligations by written evidence;	22720

(7) Establish with the board any funds that are necessary for	22721
the deposit and disbursement of gifts or contributions of money	22722
accepted for economic development purposes;	22723

(8) With the approval of the board, design, implement,	22724
monitor, oversee, and evaluate economic development plans,	22725
programs, strategies, and policies;	22726

(9) Purchase real property to convey to a county land	22727
reutilization corporation to be used in accordance with its public	22728
purposes;	22729

(10) Perform all acts necessary to fulfill the functions and	22730
duties of the office.	22731

(C) The boards of county commissioners of two or more	22732
counties, by resolution, may create a joint office of economic	22733
development for the purposes set forth in division (A) of this	22734
section. The counties participating in a joint office of economic	22735
development shall enter into an agreement that sets forth the	22736
contribution of funds, services, and property to the joint office	22737
from each participating county; establishes the person, public	22738
agency, or nonprofit organization that shall carry out the	22739
functions and duties of the office; and discloses any other terms	22740
by which the joint office shall operate.	22741

The boards of county commissioners of counties participating	22742
in a joint office of economic development may appropriate moneys	22743
from their respective county general funds, or, pursuant to	22744
section 307.64 of the Revised Code, moneys derived from a tax	22745
levied pursuant to division (EE) of section 5705.19 of the Revised	22746
Code, for the creation and operation of the joint office, for any	22747
economic development purpose of the office, and to provide for the	22748
establishment and operation of a program of economic development.	22749
The participating counties may hire a director of economic	22750
development for the joint office or enter into an agreement with a	22751
public agency or nonprofit organization in a manner set forth in	22752
division (A) of this section to carry out the functions and duties	22753
set forth in division (B) of this section.	22754

Any agreement establishing a joint office of economic	22755
development shall set forth the procedure by which the person,	22756
public agency, or nonprofit organization carrying out the	22757
functions and duties of the office shall gain the approval of the	22758
participating boards of county commissioners for any actions,	22759
functions, and duties under division (B) of this section.	22760

(D) As used in this section, "economic development" has the	22761
same meaning as in section 307.64 of the Revised Code.	22762

Sec. 307.515. (A) All fines and penalties collected by, and	22763
moneys arising from forfeited bail in, a municipal court for	22764
offenses and misdemeanors brought for prosecution in the name of a	22765
municipal corporation under one of its penal ordinances, where	22766
there is in force a state statute under which the offense might be	22767
prosecuted, or brought for prosecution in the name of the state,	22768
except a portion of those fines, penalties, and moneys that, plus	22769
all costs collected monthly in those state cases, equal the	22770
compensation allowed by the board of county commissioners to the	22771
judges of the municipal court, its clerk, and the prosecuting	22772
attorney of that court in state cases, shall be retained by the	22773
clerk of that municipal court and shall be deposited by the clerk	22774
each month in the county law library resources fund that is	22775
created under section 307.514 of the Revised Code in the county in	22776
which that municipal corporation is located. The sum that the	22777
clerk of the municipal court deposits in the county law library	22778
resources fund shall in no month be less than twenty-five per cent	22779
of the amount of such fines, penalties, and moneys received in	22780
that month, without deducting the amount of the allowance of the	22781
board of county commissioners to the judges, clerk, and	22782
prosecuting attorney.	22783

The total amount paid under this section in any one calendar	22784
year by the clerks of all municipal courts in any one county to	22785
the county law library resources fund shall in no event exceed the	22786
following amounts:	22787

(1) In counties having a population of fifty thousand or	22788
less, seventy-five hundred dollars and the maximum amount paid by	22789
any of such courts shall not exceed four thousand dollars in any	22790
calendar year.	22791

(2) In counties having a population in excess of fifty	22792
thousand but not in excess of one hundred thousand, eight thousand	22793
dollars and the maximum amount paid by any of such courts shall	22794
not exceed five thousand five hundred dollars in any calendar	22795
year.	22796

(3) In counties having a population in excess of one hundred	22797
thousand but not in excess of one hundred fifty thousand, ten	22798
thousand dollars and the maximum amount paid by any of such courts	22799
shall not exceed seven thousand dollars in any calendar year.	22800

(4) In counties having a population of in excess of one	22801
hundred fifty thousand, fifteen thousand dollars in any calendar	22802
year. The maximum amount to be paid by each clerk shall be	22803
determined by the county auditor in December of each year for the	22804
next succeeding calendar year and shall bear the same ratio to the	22805
total amount payable under this section from the clerks of all	22806
municipal courts in such county as the total fines, costs, and	22807
forfeitures received by the corresponding municipal court, bear to	22808
the total fines, costs, and forfeitures received by all the	22809
municipal courts in the county, as shown for the last complete	22810
year of actual receipts, on the latest available budgets of such	22811
municipal courts. Payments in the full amounts provided in this	22812
section shall be made monthly by each clerk in each calendar year	22813
until the maximum amount for such year has been paid. When that	22814
amount, so determined by the auditor, has been paid to the county	22815
law library resources fund, then no further payments shall be	22816
required in that calendar year from the clerk of that court.	22817

(5) This section does not apply to fines collected by a	22818
municipal court for violations of division (B) of section 4513.263	22819
of the Revised Code, or for violations of any municipal ordinance	22820
that is substantively comparable to that division, all of which	22821
shall be forwarded to the treasurer of state as provided in	22822
division (E) of section 4513.263 of the Revised Code.	22823

(B) The county treasurer, upon the voucher of the county	22824
auditor, shall deposit fifty per cent of all moneys collected by a	22825
county court accruing from fines, penalties, and forfeited bail,	22826
unless otherwise distributed by law, in the county law library	22827
resources fund in that county that is created under section	22828
307.514 of the Revised Code. The county treasurer shall deposit	22829
those moneys into that fund within thirty days after those moneys	22830
have been paid into the county treasury by the clerk of the county	22831
court.	22832

This section does not apply to fines collected by a county	22833
court for violations of division (B) of section 4513.263 of the	22834
Revised Code, or for violations of any municipal ordinance that is	22835
substantively comparable to that division, all of which shall be	22836
forwarded to the treasurer of state as provided in division (E) of	22837
section 4513.263 of the Revised Code.	22838

(C) In each county of the state, the clerk of the court of	22839
common pleas and the clerk of the probate court shall retain all	22840
fines and penalties collected by, and moneys arising from	22841
forfeited bail in, the court of common pleas and the probate court	22842
of that county for offenses and misdemeanors brought for	22843
prosecution in those courts in the name of the state and monthly	22844
shall deposit those moneys in the county law library resources	22845
fund in that county that is created under section 307.514 of the	22846
Revised Code. The total sums so deposited shall not exceed twelve	22847
hundred fifty dollars per annum, and when that amount has been	22848
deposited in the fund in accordance with this section then no	22849
further payments shall be required under this section in that	22850
calendar year from the clerks of those respective courts.	22851

This section does not apply to fines collected by a court of	22852
common pleas for violations of division (B) of section 4513.263 of	22853
the Revised Code, all of which shall be forwarded to the treasurer	22854
of state as provided in division (E) of that section.	22855

This section does not apply to fines imposed under division	22856
(B)(9) of section 2929.18 of the Revised Code and collected by a	22857
court of common pleas, all of which shall be forwarded by the	22858
court to the treasurer of state not later than the twentieth day	22859
of the month after the month in which they are collected for	22860
deposit into the state treasury to the credit of the rape crisis	22861
program trust fund created by section 109.921 of the Revised Code.	22862

(D) In each county, the treasurer of the county or the	22863
treasurer of the municipal corporation shall deposit monthly fifty	22864
per cent of all fines and penalties collected by, and fifty per	22865
cent of moneys arising from forfeited bail in, any court in that	22866
county for offenses brought for prosecution under Chapters 4301.	22867
and 4303. of the Revised Code and the state traffic laws in the	22868
county legal resources fund in that county that is created under	22869
section 307.514 of the Revised Code. The sum so deposited in that	22870
fund by each treasurer shall not exceed twelve hundred dollars per	22871
annum under Chapters 4301. and 4303. of the Revised Code, and when	22872
that amount has been deposited in that fund in accordance with	22873
this section, then no further deposits shall be required under	22874
this section in that calendar year from those treasurers.	22875

As used in this section, "state traffic laws" does not	22876
include division (B) of section 4513.263 of the Revised Code.	22877

Sec. 307.673. This section applies only in a county in which	22878
a tax is levied under section 307.697, 4301.421, 5743.024, or	22879
5743.323 of the Revised Code on ~~the effective date of this~~	22880
~~amendment~~July 19, 1995.	22881

(A) As used in this section:

22882

(1) "County taxes" means taxes levied by a board of county	22883
commissioners under division (D) of section 307.697, division (B)	22884
of section 4301.421, division (C) of section 5743.024, and section	22885
5743.323 of the Revised Code.	22886

(2) "Corporation" means a nonprofit corporation organized	22887
under the laws of this state and that includes among the purposes	22888
for which it is incorporated the authority to acquire, construct,	22889
renovate, repair, equip, lease, manage, or operate a sports	22890
facility.	22891

(3) "Cooperative agreement" means an agreement entered into	22892
pursuant to this section.	22893

(4) "Cost of a sports facility" means the cost of acquiring,	22894
constructing, renovating, repairing, equipping, or improving one	22895
or more sports facilities, including reconstructing,	22896
rehabilitating, remodeling, and enlarging; the cost of equipping	22897
and furnishing such a facility; and all financing costs pertaining	22898
thereto, including the cost of engineering, architectural, and	22899
other professional services, designs, plans, specifications and	22900
surveys, and estimates of costs; the costs of refinancing	22901
obligations issued by, or reimbursement of money advanced by, the	22902
parties to the cooperative agreement or other persons, the	22903
proceeds of which obligations were used to pay the costs of the	22904
sports facility; the cost of tests and inspections; the cost of	22905
any indemnity or surety bonds and premiums on insurance, all	22906
related direct and administrative costs pertaining thereto, fees	22907
and expenses of trustees, depositories, and paying agents for the	22908
obligations, capitalized interest on the obligations, amounts	22909
necessary to establish reserves as required by the obligation	22910
proceedings, the reimbursement of money advanced or applied by the	22911
parties to the cooperative agreement or other persons for the	22912
payment of any item of costs of the sports facility, and all other	22913
expenses necessary or incident to planning or determining the	22914
feasibility or practicability with respect to the sports facility;	22915
and any other such expenses as may be necessary or incident to the	22916
acquisition, construction, reconstruction, rehabilitation,	22917
remodeling, renovation, repair, enlargement, improvement,	22918
equipping, and furnishing of the sports facility, the financing of	22919
the sports facility, placing the sports facility in use and	22920
operation, including any one, part of, or combination of such	22921
classes of costs and expenses.	22922

(5) "Financing costs" has the same meaning as in section	22923
133.01 of the Revised Code.	22924

(6) "Obligations" means obligations issued or incurred to pay	22925
the cost of a sports facility, including bonds, notes,	22926
certificates of indebtedness, commercial paper, and other	22927
instruments in writing, anticipatory securities as defined in	22928
section 133.01 of the Revised Code, issued or incurred by an	22929
issuer pursuant to Chapter 133. or 4582. of the Revised Code or	22930
this section, or otherwise, to evidence the issuer's obligation to	22931
repay borrowed money, or to pay interest, by, or to pay at any	22932
future time other money obligations of, the issuer of the	22933
obligations, including obligations of an issuer or lessee to make	22934
payments under an installment sale, lease, lease-purchase, or	22935
similar agreement.	22936

(7) "Owner" means any person that owns or operates a	22937
professional athletic or sports team, that is party to a	22938
cooperative agreement, or that has a lease or other agreement with	22939
a party to a cooperative agreement, and that commits to use the	22940
sports facility that is the subject of the cooperative agreement	22941
for all of the team's home games for the period specified in that	22942
agreement.	22943

(8) "Payments," when used with reference to obligations,	22944
means payments of the principal, including any mandatory sinking	22945
fund deposits and mandatory redemption payments, interest and any	22946
redemption premium, and lease rentals, lease-purchase payments and	22947
other amounts payable under obligations in the form of installment	22948
sale, lease, lease-purchase, or similar agreements.	22949

(9) "Person" has the same meaning as defined in section	22950
133.01 of the Revised Code.	22951

(10) "Port authority" means a port authority created under	22952
Chapter 4582. of the Revised Code.	22953

(11) "Sports facility" means a facility, including a stadium,	22954
that is intended to house or provide a site for one or more major	22955
league professional athletic or sports teams or activities,	22956
together with all spectator facilities, parking facilities,	22957
walkways, and auxiliary facilities, real and personal property,	22958
property rights, easements, leasehold estates, and interests that	22959
may be appropriate for, or used in connection with, the operation	22960
of the sports facility.	22961

(B) The board of county commissioners of a county, the	22962
legislative authority of a municipal corporation, a port	22963
authority, a corporation, and an owner, or any combination	22964
thereof, may enter into one or more cooperative agreements under	22965
which the parties enter into one or more of the agreements	22966
described in divisions (B)(1) to (5) of this section.	22967

(1) The board of county commissioners agrees to do one or	22968
more of the following:	22969

(a) Levy a tax under division (D) of section 307.697,	22970
division (B) of section 4301.421, division (C) of section	22971
5743.024, and section 5743.323 of the Revised Code and make	22972
available all or a portion of the revenue from those taxes for the	22973
payment of the cost of the sports facility or to make payments on	22974
obligations;	22975

(b) Issue or incur obligations of the county pursuant to	22976
Chapter 133. of the Revised Code or this section;	22977

(c) Make available all or a portion of the revenue from those	22978
taxes or of the proceeds from the issuance of those obligations to	22979
the municipal corporation, port authority, corporation, or	22980
otherwise for the payment of the cost of a sports facility or the	22981
payment of obligations;	22982

(d) Acquire, construct, renovate, repair, equip, lease to or	22983
from another person, and operate, directly or by a lease or	22984
management contract with another person, one or more sports	22985
facilities;	22986

(e) To the extent provided in the cooperative agreement or a	22987
lease with respect to a sports facility, authorize the municipal	22988
corporation, port authority, corporation, or owner to administer	22989
contracts for designing, planning, acquiring, constructing,	22990
renovating, repairing, or equipping a sports facility.	22991

(2) The port authority agrees to do one or more of the	22992
following:	22993

(a) Issue or incur obligations of the port authority pursuant	22994
to Chapter 133. or 4582. of the Revised Code or this section;	22995

(b) Make available all or a portion of the proceeds from the	22996
issuance of those obligations to the municipal corporation,	22997
county, or corporation for the payment of the cost of a sports	22998
facility or the payment of obligations;	22999

(c) Acquire, construct, renovate, repair, equip, lease to or	23000
from another person, and operate, directly or by a lease or	23001
management contract with another person, one or more sports	23002
facilities;	23003

(d) To the extent provided in the cooperative agreement or a	23004
lease with respect to a sports facility, authorize the municipal	23005
corporation, county, corporation, or owner to administer contracts	23006
for designing, planning, acquiring, constructing, renovating,	23007
repairing, or equipping a sports facility.	23008

(3) The legislative authority of the municipal corporation	23009
agrees to do one or more of the following:	23010

(a) Make available the revenue from taxes levied by the	23011
legislative authority for the payment of the cost of a sports	23012
facility or to make payments on obligations;	23013

(b) Issue or incur obligations of the municipal corporation	23014
pursuant to Chapter 133. of the Revised Code or otherwise;	23015

(c) Make available all or a portion of the proceeds from the	23016
issuance of those obligations to the county, port authority,	23017
corporation, or otherwise for the payment of the cost of a sports	23018
facility or the payment of obligations;	23019

(d) Acquire, construct, renovate, repair, equip, lease to or	23020
from another person, and operate, directly or by a lease or	23021
management contract with another person, one or more sports	23022
facilities;	23023

(e) To the extent provided in the cooperative agreement or a	23024
lease with respect to a sports facility, authorize the county,	23025
port authority, corporation, or owner to administer contracts for	23026
designing, planning, acquiring, constructing, renovating,	23027
repairing, or equipping a sports facility.	23028

(4) The corporation agrees to do one or more of the	23029
following:	23030

(a) Issue or incur obligations;

23031

(b) Make available all or a portion of the proceeds from the	23032
issuance of those obligations to the county, port authority,	23033
municipal corporation, or otherwise for the payment of the cost of	23034
a sports facility or the payment of obligations;	23035

(c) Acquire, construct, renovate, repair, equip, lease to or	23036
from another person, and operate, directly or by a lease or	23037
management contract with another person, one or more sports	23038
facilities;	23039

(d) To the extent provided in the cooperative agreement or a	23040
lease with respect to a sports facility, agree that the	23041
corporation will administer contracts for designing, planning,	23042
acquiring, constructing, renovating, repairing, or equipping a	23043
sports facility.	23044

(5) The owner agrees to do one or more of the following:

23045

(a) Use the sports facility that is the subject of the	23046
cooperative agreement for all of the home games of the owner's	23047
professional athletic or sports team for a specified period;	23048

(b) Administer contracts for designing, planning, acquiring,	23049
constructing, renovating, repairing, or equipping a sports	23050
facility.	23051

(C) Any obligations may be secured by a trust agreement	23052
between the issuer of obligations and a corporate trustee that is	23053
a trust company or bank having the powers of a trust company in or	23054
outside this state and authorized to exercise corporate trust	23055
powers in this state. Proceeds from the issuance of any	23056
obligations or the taxes levied and collected by any party to the	23057
cooperative agreement may be deposited with and administered by a	23058
trustee pursuant to the trust agreement.	23059

(D) Any contract for the acquisition, construction,	23060
renovation, repair, or equipping of a sports facility entered	23061
into, assigned, or assumed under this section shall provide that	23062
all laborers and mechanics employed in the acquisition,	23063
construction, renovation, repair, or equipping of the sports	23064
facility shall be paid at the prevailing rates of wages of	23065
laborers and mechanics for the class of work called for, as those	23066
wages are determined in accordance with Chapter 4115. of the	23067
Revised Code.	23068

Sec. 307.674. (A) As used in this section:

23069

(1) "Bonds" means:

23070

(a) Revenue bonds of the port authority described in division	23071
(B)(2)(a) of this section;	23072

(b) Securities as defined in division (KK) of section 133.01	23073
of the Revised Code issued by the host municipal corporation,	23074
described in division (B)(3)(a) of this section;	23075

(c) Any bonds issued to refund any of those revenue bonds or	23076
securities.	23077

(2) "Corporation" means a nonprofit corporation that is	23078
organized under the laws of this state and that includes within	23079
the purposes for which it is incorporated the authorization to	23080
lease and operate facilities such as a port authority educational	23081
and cultural performing arts facility.	23082

(3) "Cost," as applied to a port authority educational and	23083
cultural performing arts facility, means the cost of acquiring,	23084
constructing, renovating, rehabilitating, equipping, or improving	23085
the facility, or any combination of those purposes, collectively	23086
referred to in this section as "construction," and the cost of	23087
acquisition of all land, rights of way, property rights,	23088
easements, franchise rights, and interests required for those	23089
purposes, the cost of demolishing or removing any buildings or	23090
structures on land so acquired, including the cost of acquiring	23091
any land to which those buildings or structures may be moved, the	23092
cost of public utility and common carrier relocation or	23093
duplication, the cost of all machinery, furnishings, and	23094
equipment, financing charges, interest prior to and during	23095
construction and for not more than three years after completion of	23096
construction, costs arising under guaranty agreements,	23097
reimbursement agreements, or other credit enhancement agreements	23098
relating to bonds, engineering, expenses of research and	23099
development with respect to such facility, legal expenses, plans,	23100
specifications, surveys, studies, estimates of costs and revenues,	23101
other expenses necessary or incident to determining the	23102
feasibility or practicability of acquiring or constructing the	23103
facility, administrative expense, and other expenses as may be	23104
necessary or incident to that acquisition or construction and the	23105
financing of such acquisition or construction, including, with	23106
respect to the revenue bonds of a port authority, amounts to be	23107
paid into any special funds from the proceeds of those bonds, and	23108
repayments to the port authority, host county, host municipal	23109
corporation, or corporation of any amounts advanced for the	23110
foregoing purposes.	23111

(4) "Debt service charges" means, for any period or payable	23112
at any time, the principal of and interest and any premium due on	23113
bonds for that period or payable at that time whether due at	23114
maturity or upon mandatory redemption, together with any required	23115
deposits to reserves for the payment of principal of and interest	23116
on those bonds, and includes any payments required by the port	23117
authority to satisfy any of its obligations under or arising from	23118
any guaranty agreements, reimbursement agreements, or other credit	23119
enhancement agreements described in division (C) of this section.	23120

(5) "Host county" means the county within the boundaries of	23121
which the port authority educational and cultural performing arts	23122
facility is or will be located.	23123

(6) "Host municipal corporation" means the municipal	23124
corporation within the boundaries of which the port authority	23125
educational and cultural performing arts facility is or will be	23126
located.	23127

(7) "Port authority" means a port authority created pursuant	23128
to section 4582.22 of the Revised Code.	23129

(8) "Port authority educational and cultural performing arts	23130
facility" means a facility that consists of a center for music or	23131
other performing arts, a theater or other facilities to provide	23132
programs of an educational, recreational, or cultural nature, or	23133
any combination of those purposes as determined by the parties to	23134
the cooperative agreement for which provision is made in division	23135
(B) of this section to fulfill the public educational,	23136
recreational, and cultural purposes set forth therein, together	23137
with all parking facilities, walkways, and other auxiliary	23138
facilities, real and personal property, property rights,	23139
easements, and interests that may be appropriate for, or used in	23140
connection with, the operation of the facility.	23141

(B) A host county, a host municipal corporation, and a port	23142
authority may enter into a cooperative agreement with a	23143
corporation under which, as further provided for in that	23144
agreement:	23145

(1) The host county may agree to do any or all of the	23146
following:	23147

(a) Levy and collect a tax under division (E) and division	23148
(F) of section 5739.09 of the Revised Code for the purposes, and	23149
in an amount sufficient for those purposes, described in divisions	23150
(B)(1)(b) and (c) of this section;	23151

(b) Pay to the port authority all or such portion as provided	23152
for in the cooperative agreement of the revenue from the tax,	23153
together with any investment earnings on that revenue, to be used	23154
to pay a portion of the costs of acquiring, constructing,	23155
renovating, rehabilitating, equipping, or improving the port	23156
authority educational and cultural performing arts facility;	23157

(c) Pledge and pay to the corporation all or such portion as	23158
provided for in the cooperative agreement of the revenue from the	23159
tax, together with any investment earnings on that revenue, to be	23160
used to pay a portion of the costs to the corporation of leasing	23161
the port authority educational and cultural performing arts	23162
facility from the port authority.	23163

(2) The port authority may agree to do any or all of the	23164
following:	23165

(a) Issue its revenue bonds pursuant to section 4582.48 of	23166
the Revised Code for the purpose of paying all or a portion of the	23167
costs of the port authority educational and cultural performing	23168
arts facility;	23169

(b) Acquire, construct, renovate, rehabilitate, equip, and	23170
improve the port authority educational and cultural performing	23171
arts facility;	23172

(c) Lease the port authority educational and cultural	23173
performing arts facility to the corporation;	23174

(d) To the extent provided for in the cooperative agreement	23175
or the lease to the corporation, authorize the corporation to	23176
administer on behalf of the port authority the contracts for	23177
acquiring, constructing, renovating, rehabilitating, or equipping	23178
the port authority educational and cultural performing arts	23179
facility;	23180

(e) Use the revenue derived from the lease of the port	23181
authority educational and cultural performing arts facility to the	23182
corporation solely to pay debt service charges on revenue bonds of	23183
the port authority issued pursuant to division (B)(2)(a) of this	23184
section and to pay its obligations under or arising from any	23185
guaranty agreements, reimbursement agreements, or other credit	23186
enhancement agreements provided for in this section.	23187

(3) The host municipal corporation may agree to do either or	23188
both of the following:	23189

(a) Issue its bonds for the purpose of paying all or a	23190
portion of the costs of the port authority educational and	23191
cultural performing arts facility, and pay the proceeds from the	23192
issuance to the port authority for that purpose;	23193

(b) Enter into a guaranty agreement, a reimbursement	23194
agreement, or other credit enhancement agreement with the port	23195
authority to provide a guaranty or other credit enhancement of the	23196
port authority revenue bonds referred to in division (B)(2)(a) of	23197
this section pledging taxes, other than ad valorem property taxes,	23198
or other revenues for the purpose of providing the funds required	23199
to satisfy the host municipal corporation's obligations under that	23200
agreement.	23201

The cooperative agreement may provide that the proceeds of	23202
such securities or of such guaranty agreement, reimbursement	23203
agreement, or other credit enhancement agreement be deposited with	23204
and administered by the trustee pursuant to the trust agreement	23205
authorized in division (C) of this section.	23206

(4) The corporation may agree to do any or all of the	23207
following:	23208

(a) Lease the port authority educational and cultural	23209
performing arts facility from the port authority;	23210

(b) Operate and maintain the port authority educational and	23211
cultural performing arts facility pursuant to the lease;	23212

(c) To the extent provided for in the cooperative agreement	23213
or the lease from the port authority, administer on behalf of the	23214
port authority the contracts for acquiring, constructing,	23215
renovating, rehabilitating, or equipping the port authority	23216
educational and cultural performing arts facility.	23217

(C) The pledge and payments referred to in divisions	23218
(B)(1)(b) and (c) of this section and provided for in the	23219
cooperative agreement shall be for the period stated in the	23220
cooperative agreement but shall not extend longer than the period	23221
necessary to provide for the final retirement of the port	23222
authority revenue bonds referred to in division (B)(2)(a) of this	23223
section, and for the satisfaction by the port authority of any of	23224
its obligations under or arising from any guaranty agreements,	23225
reimbursement agreements, or other credit enhancement agreements	23226
relating to those bonds or to the revenues pledged to them. The	23227
cooperative agreement shall provide for the termination of the	23228
cooperative agreement, including the pledge and payment referred	23229
to in division (B)(1)(c) of this section, if the port authority	23230
revenue bonds referred to in division (B)(2)(a) of this section	23231
have not been issued, sold, and delivered within five years of the	23232
effective date of the cooperative agreement.	23233

The cooperative agreement shall provide that any port	23234
authority revenue bonds shall be secured by a trust agreement	23235
between the port authority and a corporate trustee that is a trust	23236
company or bank having the powers of a trust company within or	23237
outside the state but authorized to exercise trust powers within	23238
the state. The host county may be a party to that trust agreement	23239
for the purpose of better securing the pledge by the host county	23240
of its payment to the corporation pursuant to division (B)(1)(c)	23241
of this section. A tax levied pursuant to section 5739.09 of the	23242
Revised Code for the purposes specified in division (B)(1)(b) or	23243
(c) of this section is not subject to diminution by initiative or	23244
referendum or diminution by statute, unless provision is made for	23245
an adequate substitute reasonably satisfactory to the trustee	23246
under the trust agreement that secures the port authority revenue	23247
bonds.	23248

(D) A pledge of money by a host county under this section	23249
shall not be net indebtedness of the host county for purposes of	23250
section 133.07 of the Revised Code. A guaranty or other credit	23251
enhancement by a host municipal corporation under this section	23252
shall not be net indebtedness of the host municipal corporation	23253
for purposes of section 133.05 of the Revised Code.	23254

(E) If the terms of the cooperative agreement so provide, any	23255
contract for the acquisition, construction, renovation,	23256
rehabilitation, equipping, or improving of a port authority	23257
educational and cultural performing arts facility shall be made in	23258
such manner as is determined by the board of directors of the port	23259
authority, and unless the cooperative agreement provides	23260
otherwise, such a contract is not subject to division (R)(2) of	23261
section 4582.31 of the Revised Code. The port authority may take	23262
the assignment of and assume any contracts for the acquisition,	23263
construction, renovation, rehabilitation, equipping, or improving	23264
of a port authority educational and cultural performing arts	23265
facility that had previously been authorized by any of the host	23266
county, the host municipality, or the corporation. Such contracts	23267
are not subject to division (R)(2) of section 4582.31 of the	23268
Revised Code.	23269

Any contract for the acquisition, construction, renovation,	23270
rehabilitation, equipping, or improving of a port authority	23271
educational and cultural performing arts facility entered into,	23272
assigned, or assumed pursuant to this division shall provide that	23273
all laborers and mechanics employed for the acquisition,	23274
construction, renovation, rehabilitation, equipping, or improving	23275
of that facility shall be paid at the prevailing rates of wages of	23276
laborers and mechanics for the class of work called for by the	23277
port authority educational and cultural performing arts facility,	23278
which wages shall be determined in accordance with the	23279
requirements of Chapter 4115. of the Revised Code for the	23280
determination of prevailing wage rates.	23281

Notwithstanding any provisions to the contrary in section	23282
~~3383.07~~123.281 of the Revised Code, construction services and	23283
general building services for a port authority educational and	23284
cultural performing arts facility funded completely or in part	23285
with money appropriated by the state to the Ohio ~~cultural~~	23286
facilities construction commission may be provided by a port	23287
authority or a corporation that occupies, will occupy, or is	23288
responsible for that facility, as determined by the commission.	23289
The construction services and general building services to be	23290
provided by the port authority or the corporation shall be	23291
specified in an agreement between the commission and the port	23292
authority or corporation. That agreement, or any actions taken	23293
under it, are not subject to Chapters 123. or 153. of the Revised	23294
Code, but are subject to Chapter 4115. of the Revised Code.	23295

Sec. 307.696. (A) As used in this section:

23296

(1) "County taxes" means taxes levied by the county pursuant	23297
to sections 307.697, 4301.421, 5743.024, and 5743.323 of the	23298
Revised Code.	23299

(2) "Corporation" means a nonprofit corporation that is	23300
organized under the laws of this state for the purposes of	23301
operating or constructing and operating a sports facility in the	23302
county and that may also be organized under the laws of this state	23303
for the additional purposes of conducting redevelopment and	23304
economic development activities within the host municipal	23305
corporation.	23306

(3) "Sports facility" means a sports facility that is	23307
intended to house major league professional athletic teams,	23308
including a stadium, together with all parking facilities,	23309
walkways, and other auxiliary facilities, real and personal	23310
property, property rights, easements, and interests that may be	23311
appropriate for, or used in connection with, the operation of the	23312
facility.	23313

(4) "Construction" includes, but is not limited to, providing	23314
fixtures, furnishings, and equipment and providing for capital	23315
repairs and improvements.	23316

(5) "Debt service charges" means the interest, principal,	23317
premium, if any, carrying and redemption charges, and expenses on	23318
bonds issued by either the county or the corporation to:	23319

(a) Construct a sports facility or provide for related	23320
redevelopment or economic development as provided in this section;	23321

(b) Acquire real and personal property, property rights,	23322
easements, or interests that may be appropriate for, or used in	23323
connection with, the operation of the facility; and	23324

(c) Make site improvements to real property, including, but	23325
not limited to, demolition, excavation, and installation of	23326
footers, pilings, and foundations.	23327

(6) "Host municipal corporation" means the municipal	23328
corporation within the boundaries of which the sports facility is	23329
located, and with which a national football league, major league	23330
baseball, or national basketball association sports franchise is	23331
associated on ~~the effective date of this amendment~~March 20, 1990.	23332

(B) A board of county commissioners of a county that levies a	23333
tax under section 307.697, 4301.421, or 5743.024 of the Revised	23334
Code may enter into an agreement with a corporation operating in	23335
the county, and, if there is a host municipal corporation all or a	23336
part of which is located in the county, shall enter into an	23337
agreement with a corporation operating in the county and the host	23338
municipal corporation, under which:	23339

(1)(a) The corporation agrees to construct and operate a	23340
sports facility in the county and to pledge and contribute all or	23341
any part of the revenues derived from its operation, as specified	23342
in the agreement, for the purposes described in division (C)(1) of	23343
this section; and	23344

(b) The board agrees to levy county taxes and pledge and	23345
contribute any part or all of the revenues therefrom, as specified	23346
in the agreement, for the purposes described in division (C)(1) of	23347
this section; or	23348

(2)(a) The corporation agrees to operate a sports facility	23349
constructed by the county and to pledge and contribute all or any	23350
part of the revenues derived from its operation, as specified in	23351
the agreement, for the purposes described in division (C)(2) of	23352
this section; and	23353

(b) The board agrees to issue revenue bonds of the county,	23354
use the proceeds from the sale of the bonds to construct a sports	23355
facility in the county, and to levy county taxes and pledge and	23356
contribute all or any part of the revenues therefrom, as specified	23357
in the agreement, for the purposes described in division (C)(2) of	23358
this section; and, if applicable	23359

(3) The host municipal corporation agrees to expend the	23360
unused pledges and contributions and surplus revenues as described	23361
in divisions (C)(1) and (2) of this section for redevelopment and	23362
economic development purposes related to the sports facility.	23363

(C)(1) The primary purpose of the pledges and contributions	23364
described in division (B)(1) of this section is payment of debt	23365
service charges. To the extent the pledges and contributions are	23366
not used by the county or corporation for payment of debt service	23367
charges, the county or corporation, pursuant to the agreement	23368
provided for in division (B) of this section, shall provide the	23369
unused pledges and contributions, together with surplus revenues	23370
of the sports facility not needed for debt service charges or the	23371
operation and maintenance of the sports facility, to the host	23372
municipal corporation, or a nonprofit corporation, which may be	23373
the corporation acting on behalf of the host municipal	23374
corporation, for redevelopment and economic development purposes	23375
related to the sports facility. If the county taxes are also	23376
levied for the purpose of making permanent improvements, the	23377
agreement shall include a schedule of annual pledges and	23378
contributions by the county for the payment of debt service	23379
charges. The county's pledge and contribution provided for in the	23380
agreement shall be for the period stated in the agreement but not	23381
to exceed twenty years. The agreement shall provide that any such	23382
bonds and notes shall be secured by a trust agreement between the	23383
corporation or other bond issuer and a corporate trustee that is a	23384
trust company or bank having the powers of a trust company within	23385
or without the state, and the trust agreement shall pledge or	23386
assign to the retirement of the bonds or notes, all moneys paid by	23387
the county for that purpose under this section. A county tax, all	23388
or any part of the revenues from which are pledged under an	23389
agreement entered into by a board of county commissioners under	23390
this section shall not be subject to diminution by initiative or	23391
referendum, or diminution by statute, unless provision is made	23392
therein for an adequate substitute therefor reasonably	23393
satisfactory to the trustee under the trust agreement that secures	23394
the bonds and notes.	23395

(2) The primary purpose of the pledges and contributions	23396
described in division (B)(2) of this section is payment of debt	23397
service charges. To the extent the pledges and contributions are	23398
not used by the county for payment of debt service charges, the	23399
county or corporation, pursuant to the agreement provided for in	23400
division (B) of this section, shall provide the unused pledges and	23401
contributions, together with surplus revenues of the sports	23402
facility not needed for debt service charges or the operation and	23403
maintenance of the sports facility, to the host municipal	23404
corporation, or a nonprofit corporation, which may be the	23405
corporation, acting on behalf of the host municipal corporation,	23406
for redevelopment and economic development purposes related to the	23407
sports facility. The corporation's pledge and contribution	23408
provided for in the agreement shall be until all of the bonds	23409
issued for the construction of the facility have been retired.	23410

(D) A pledge of money by a county under this section shall	23411
not be indebtedness of the county for purposes of Chapter 133. of	23412
the Revised Code.	23413

(E) If the terms of the agreement so provide, the board of	23414
county commissioners may acquire, make site improvements to,	23415
including, but not limited to, demolition, excavation, and	23416
installation of footers, pilings, and foundations, and lease real	23417
property for the sports facility to a corporation that constructs	23418
a sports facility under division (B)(1) of this section. The	23419
agreement shall specify the term, which shall not exceed thirty	23420
years and shall be on such terms as are set forth in the	23421
agreement. The purchase, improvement, and lease may be the subject	23422
of an agreement between the county and a municipal corporation	23423
located within the county pursuant to section 153.61 or 307.15 of	23424
the Revised Code, and are not subject to the limitations of	23425
sections 307.02 and 307.09 of the Revised Code.	23426

(F) The corporation shall not enter into any construction	23427
contract or contract for the purchase of services for use in	23428
connection with the construction of a sports facility prior to the	23429
corporation's adoption and implementation of a policy on the set	23430
aside of contracts for bidding by or award to minority business	23431
enterprises, as defined in division (E)(1) of section 122.71 of	23432
the Revised Code. Sections 4115.03 to 4115.16 of the Revised Code	23433
apply to a sports facility constructed under this section.	23434

(G) Not more than one-half of the total costs, including debt	23435
service charges and cost of operation, of a project undertaken	23436
pursuant to an agreement entered into under division (B) of this	23437
section shall be paid from county taxes. Nothing in this section	23438
authorizes the use of revenues from county taxes or proceeds from	23439
the sale of bonds issued by the board of county commissioners for	23440
payment of costs of operation of a sports facility.	23441

Sec. 307.697. (A) For the purpose of section 307.696 of the	23442
Revised Code and to pay any or all of the charge the board of	23443
elections makes against the county to hold the election on the	23444
question of levying the tax, or for those purposes and to provide	23445
revenues to the county for permanent improvements, the board of	23446
county commissioners of a county may levy a tax not to exceed	23447
three dollars on each gallon of spirituous liquor sold to or	23448
purchased by liquor permit holders for resale, and sold at retail	23449
by the ~~division of liquor control~~state or pursuant to a transfer	23450
agreement entered into under Chapter 4313. of the Revised Code, in	23451
the county. The tax shall be levied on the number of gallons so	23452
sold. The tax may be levied for any number of years not exceeding	23453
twenty.	23454

The tax shall be levied pursuant to a resolution of the board	23455
of county commissioners approved by a majority of the electors in	23456
the county voting on the question of levying the tax, which	23457
resolution shall specify the rate of the tax, the number of years	23458
the tax will be levied, and the purposes for which the tax is	23459
levied. The election may be held on the date of a general or	23460
special election held not sooner than ninety days after the date	23461
the board certifies its resolution to the board of elections. If	23462
approved by the electors, the tax takes effect on the first day of	23463
the month specified in the resolution but not sooner than the	23464
first day of the month that is at least sixty days after the	23465
certification of the election results by the board of elections. A	23466
copy of the resolution levying the tax shall be certified to the	23467
division of liquor control at least sixty days prior to the date	23468
on which the tax is to become effective.	23469

(B) A resolution under this section may be joined on the	23470
ballot as a single question with a resolution adopted under	23471
section 4301.421 or 5743.024 of the Revised Code to levy a tax for	23472
the same purposes, and for the purpose of paying the expenses of	23473
administering that tax.	23474

(C) The form of the ballot in an election held pursuant to	23475
this section or section 4301.421 or 5743.024 of the Revised Code	23476
shall be as follows or in any other form acceptable to the	23477
secretary of state:	23478

"For the purpose of paying not more than one-half of the	23479
costs of providing a public sports facility together with related	23480
redevelopment and economic development projects, shall (an) excise	23481
tax(es) be levied by .......... county at the rate of ......	23482
(dollars on each gallon of spirituous liquor sold in the county by	23483
~~the Ohio division of liquor control~~, cents per gallon on the sale	23484
of beer at wholesale in the county, cents per gallon on the sale	23485
of wine and mixed beverages at wholesale in the county, cents per	23486
gallon on the sale of cider at wholesale in the county, or mills	23487
per cigarette on the sale of cigarettes at wholesale in the	23488
county), for ...... years?	23489

23490

		Yes			23491
		No	"		23492

23493

For an election in which questions under this section or	23494
section 4301.421 or 5743.024 of the Revised Code are joined as a	23495
single question, the form of the ballot shall be as above, except	23496
each of the proposed taxes shall be listed.	23497

(D) The board of county commissioners of a county in which a	23498
tax is imposed under this section on ~~July 19, 1995,~~the effective	23499
date of the amendment of this section by H.B. 59 of the 130th	23500
general assembly may levy a tax for the purpose of section 307.673	23501
of the Revised Code regardless of whether or not the cooperative	23502
agreement authorized under that section has been entered into	23503
prior to the day the resolution adopted under division (D)(1) or	23504
(2) of this section is adopted, ~~and~~ for the purpose of	23505
reimbursing a county for costs incurred in the construction of a	23506
sports facility pursuant to an agreement entered into by the	23507
county under section 307.696 of the Revised Code, or for the	23508
purpose of paying the costs of capital repairs of and improvements	23509
to a sports facility, or both. The tax shall be levied and	23510
approved in one of the manners prescribed by division (D)(1) or	23511
(2) of this section.	23512

(1) The tax may be levied pursuant to a resolution adopted by	23513
a majority of the members of the board of county commissioners not	23514
later than forty-five days after July 19, 1995. A board of county	23515
commissioners approving a tax under division (D)(1) of this	23516
section may approve a tax under division (B)(1) of section	23517
4301.421 or division (C)(1) of section 5743.024 of the Revised	23518
Code at the same time. Subject to the resolution being submitted	23519
to a referendum under sections 305.31 to 305.41 of the Revised	23520
Code, the resolution shall take effect immediately, but the tax	23521
levied pursuant to the resolution shall not be levied prior to the	23522
day following the last day ~~the~~that any tax previously levied	23523
pursuant to ~~divisions (A), (B), and (C) of this section~~this	23524
division may be levied.	23525

(2) The tax may be levied pursuant to a resolution adopted by	23526
a majority of the members of the board of county commissioners not	23527
later than ~~forty-five days after July 19, 1995~~September 1, 2015,	23528
and approved by a majority of the electors of the county voting on	23529
the question of levying the tax ~~at the next succeeding general~~	23530
~~election following July 19, 1995~~. The board of county	23531
commissioners shall certify a copy of the resolution to the board	23532
of elections immediately upon adopting a resolution under division	23533
(D)(2) of this section~~, and the board of elections shall place the~~	23534
~~question of levying the tax on the ballot at that election~~. The	23535
election may be held on the date of a general or special election	23536
held not sooner than ninety days after the date the board	23537
certifies its resolution to the board of elections. The form of	23538
the ballot shall be as prescribed by division (C) of this section,	23539
except that the phrase "paying not more than one-half of the costs	23540
of providing a sports facility together with related redevelopment	23541
and economic development projects" shall be replaced by the phrase	23542
"paying the costs of constructing or, renovating, improving, or	23543
repairing a sports facility and reimbursing a county for costs	23544
incurred by the county in the construction of a sports facility,"	23545
and the phrase ", beginning .......... (here insert the earliest	23546
date the tax would take effect)" shall be appended after "years."	23547
A board of county commissioners submitting the question of a tax	23548
under division (D)(2) of this section may submit the question of a	23549
tax under division (B)(2) of section 4301.421 or division (C)(2)	23550
of section 5743.024 of the Revised Code as a single question, and	23551
the form of the ballot shall include each of the proposed taxes.	23552

If approved by a majority of electors voting on the question,	23553
the tax shall take effect on the day specified on the ballot,	23554
which shall not be earlier than the day following the last day ~~the~~	23555
that any tax previously levied pursuant to ~~divisions (A), (B), and~~	23556
~~(C) of~~ this ~~section~~division may be levied.	23557

The rate of a tax levied pursuant to division (D)(1) or (2)	23558
of this section shall not exceed the rate specified in division	23559
(A) of this section. A tax levied pursuant to division (D)(1) or	23560
(2) of this section may be levied for any number of years not	23561
exceeding twenty.	23562

A board of county commissioners adopting a resolution under	23563
division (D)(1) or (2) of this section shall certify a copy of the	23564
resolution to the division of liquor control immediately upon	23565
adoption of the resolution.	23566

(E) No tax shall be levied under division (A) of this section	23567
on or after September 23, 2008. This division does not apply to a	23568
tax levied under division (D) of this section, and does not	23569
prevent the collection of any tax levied under this section before	23570
~~that date~~September 23, 2008, so long as that tax remains	23571
effective.	23572

Sec. 307.86. Anything to be purchased, leased, leased with	23573
an option or agreement to purchase, or constructed, including, but	23574
not limited to, any product, structure, construction,	23575
reconstruction, improvement, maintenance, repair, or service,	23576
except the services of an accountant, architect, attorney at law,	23577
physician, professional engineer, construction project manager,	23578
consultant, surveyor, or appraiser, by or on behalf of the county	23579
or contracting authority, as defined in section 307.92 of the	23580
Revised Code, at a cost in excess of fifty thousand dollars,	23581
except as otherwise provided in division (D) of section 713.23 and	23582
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	23583
307.861, 339.05, 340.03, ~~340.033,~~ 4115.31 to 4115.35, ~~5119.16~~	23584
5119.44, 5513.01, 5543.19, 5713.01, and 6137.05 of the Revised	23585
Code, shall be obtained through competitive bidding. However,	23586
competitive bidding is not required when any of the following	23587
applies:	23588

(A) The board of county commissioners, by a unanimous vote of	23589
its members, makes a determination that a real and present	23590
emergency exists, and that determination and the reasons for it	23591
are entered in the minutes of the proceedings of the board, when	23592
either of the following applies:	23593

(1) The estimated cost is less than one hundred thousand	23594
dollars.	23595

(2) There is actual physical disaster to structures, radio	23596
communications equipment, or computers.	23597

For purposes of this division, "unanimous vote" means all	23598
three members of a board of county commissioners when all three	23599
members are present, or two members of the board if only two	23600
members, constituting a quorum, are present.	23601

Whenever a contract of purchase, lease, or construction is	23602
exempted from competitive bidding under division (A)(1) of this	23603
section because the estimated cost is less than one hundred	23604
thousand dollars, but the estimated cost is fifty thousand dollars	23605
or more, the county or contracting authority shall solicit	23606
informal estimates from no fewer than three persons who could	23607
perform the contract, before awarding the contract. With regard to	23608
each such contract, the county or contracting authority shall	23609
maintain a record of such estimates, including the name of each	23610
person from whom an estimate is solicited. The county or	23611
contracting authority shall maintain the record for the longer of	23612
at least one year after the contract is awarded or the amount of	23613
time the federal government requires.	23614

(B)(1) The purchase consists of supplies or a replacement or	23615
supplemental part or parts for a product or equipment owned or	23616
leased by the county, and the only source of supply for the	23617
supplies, part, or parts is limited to a single supplier.	23618

(2) The purchase consists of services related to information	23619
technology, such as programming services, that are proprietary or	23620
limited to a single source.	23621

(C) The purchase is from the federal government, the state,	23622
another county or contracting authority of another county, or a	23623
board of education, educational service center, township, or	23624
municipal corporation.	23625

(D) The purchase is made by a county department of job and	23626
family services under section 329.04 of the Revised Code and	23627
consists of family services duties or workforce development	23628
activities or is made by a county board of developmental	23629
disabilities under section 5126.05 of the Revised Code and	23630
consists of program services, such as direct and ancillary client	23631
services, child care, case management services, residential	23632
services, and family resource services.	23633

(E) The purchase consists of criminal justice services,	23634
social services programs, family services, or workforce	23635
development activities by the board of county commissioners from	23636
nonprofit corporations or associations under programs funded by	23637
the federal government or by state grants.	23638

(F) The purchase consists of any form of an insurance policy	23639
or contract authorized to be issued under Title XXXIX of the	23640
Revised Code or any form of health care plan authorized to be	23641
issued under Chapter 1751. of the Revised Code, or any combination	23642
of such policies, contracts, plans, or services that the	23643
contracting authority is authorized to purchase, and the	23644
contracting authority does all of the following:	23645

(1) Determines that compliance with the requirements of this	23646
section would increase, rather than decrease, the cost of the	23647
purchase;	23648

(2) Requests issuers of the policies, contracts, plans, or	23649
services to submit proposals to the contracting authority, in a	23650
form prescribed by the contracting authority, setting forth the	23651
coverage and cost of the policies, contracts, plans, or services	23652
as the contracting authority desires to purchase;	23653

(3) Negotiates with the issuers for the purpose of purchasing	23654
the policies, contracts, plans, or services at the best and lowest	23655
price reasonably possible.	23656

(G) The purchase consists of computer hardware, software, or	23657
consulting services that are necessary to implement a computerized	23658
case management automation project administered by the Ohio	23659
prosecuting attorneys association and funded by a grant from the	23660
federal government.	23661

(H) Child care services are purchased for provision to county	23662
employees.	23663

(I)(1) Property, including land, buildings, and other real	23664
property, is leased for offices, storage, parking, or other	23665
purposes, and all of the following apply:	23666

(a) The contracting authority is authorized by the Revised	23667
Code to lease the property.	23668

(b) The contracting authority develops requests for proposals	23669
for leasing the property, specifying the criteria that will be	23670
considered prior to leasing the property, including the desired	23671
size and geographic location of the property.	23672

(c) The contracting authority receives responses from	23673
prospective lessors with property meeting the criteria specified	23674
in the requests for proposals by giving notice in a manner	23675
substantially similar to the procedures established for giving	23676
notice under section 307.87 of the Revised Code.	23677

(d) The contracting authority negotiates with the prospective	23678
lessors to obtain a lease at the best and lowest price reasonably	23679
possible considering the fair market value of the property and any	23680
relocation and operational costs that may be incurred during the	23681
period the lease is in effect.	23682

(2) The contracting authority may use the services of a real	23683
estate appraiser to obtain advice, consultations, or other	23684
recommendations regarding the lease of property under this	23685
division.	23686

(J) The purchase is made pursuant to section 5139.34 or	23687
sections 5139.41 to 5139.46 of the Revised Code and is of programs	23688
or services that provide case management, treatment, or prevention	23689
services to any felony or misdemeanant delinquent, unruly youth,	23690
or status offender under the supervision of the juvenile court,	23691
including, but not limited to, community residential care, day	23692
treatment, services to children in their home, or electronic	23693
monitoring.	23694

(K) The purchase is made by a public children services agency	23695
pursuant to section 307.92 or 5153.16 of the Revised Code and	23696
consists of family services, programs, or ancillary services that	23697
provide case management, prevention, or treatment services for	23698
children at risk of being or alleged to be abused, neglected, or	23699
dependent children.	23700

(L) The purchase is to obtain the services of emergency	23701
medical service organizations under a contract made by the board	23702
of county commissioners pursuant to section 307.05 of the Revised	23703
Code with a joint emergency medical services district.	23704

(M) The county contracting authority determines that the use	23705
of competitive sealed proposals would be advantageous to the	23706
county and the contracting authority complies with section 307.862	23707
of the Revised Code.	23708

Any issuer of policies, contracts, plans, or services listed	23709
in division (F) of this section and any prospective lessor under	23710
division (I) of this section may have the issuer's or prospective	23711
lessor's name and address, or the name and address of an agent,	23712
placed on a special notification list to be kept by the	23713
contracting authority, by sending the contracting authority that	23714
name and address. The contracting authority shall send notice to	23715
all persons listed on the special notification list. Notices shall	23716
state the deadline and place for submitting proposals. The	23717
contracting authority shall mail the notices at least six weeks	23718
prior to the deadline set by the contracting authority for	23719
submitting proposals. Every five years the contracting authority	23720
may review this list and remove any person from the list after	23721
mailing the person notification of that action.	23722

Any contracting authority that negotiates a contract under	23723
division (F) of this section shall request proposals and negotiate	23724
with issuers in accordance with that division at least every three	23725
years from the date of the signing of such a contract, unless the	23726
parties agree upon terms for extensions or renewals of the	23727
contract. Such extension or renewal periods shall not exceed six	23728
years from the date the initial contract is signed.	23729

Any real estate appraiser employed pursuant to division (I)	23730
of this section shall disclose any fees or compensation received	23731
from any source in connection with that employment.	23732

Sec. 309.09. (A) The prosecuting attorney shall be the legal	23733
adviser of the board of county commissioners, board of elections,	23734
all other county officers and boards, and all tax-supported public	23735
libraries, and any of them may require written opinions or	23736
instructions from the prosecuting attorney in matters connected	23737
with their official duties. The prosecuting attorney shall	23738
prosecute and defend all suits and actions that any such officer,	23739
board, or tax-supported public library directs or to which it is a	23740
party, and no county officer may employ any other counsel or	23741
attorney at the expense of the county, except as provided in	23742
section 305.14 of the Revised Code.	23743

(B)(1) The prosecuting attorney shall be the legal adviser	23744
for all township officers, boards, and commissions, unless,	23745
subject to division (B)(2) of this section, the township has	23746
adopted a limited home rule government pursuant to Chapter 504. of	23747
the Revised Code and has not entered into a contract to have the	23748
prosecuting attorney serve as the township law director, in which	23749
case, subject to division (B)(2) of this section, the township law	23750
director, whether serving full-time or part-time, shall be the	23751
legal adviser for all township officers, boards, and commissions.	23752
When the board of township trustees finds it advisable or	23753
necessary to have additional legal counsel, it may employ an	23754
attorney other than the township law director or the prosecuting	23755
attorney of the county, either for a particular matter or on an	23756
annual basis, to represent the township and its officers, boards,	23757
and commissions in their official capacities and to advise them on	23758
legal matters. No such legal counsel may be employed, except on	23759
the order of the board of township trustees, duly entered upon its	23760
journal, in which the compensation to be paid for the legal	23761
services shall be fixed. The compensation shall be paid from the	23762
township fund.	23763

Nothing in this division confers any of the powers or duties	23764
of a prosecuting attorney under section 309.08 of the Revised Code	23765
upon a township law director.	23766

(2)(a) If any township in the county served by the	23767
prosecuting attorney has adopted any resolution regarding the	23768
operation of adult entertainment establishments pursuant to the	23769
authority that is granted under section 503.52 of the Revised Code	23770
or if a resolution of that nature has been adopted under section	23771
503.53 of the Revised Code in a township in the county served by	23772
the prosecuting attorney, all of the following apply:	23773

(i) Upon the request of a township in the county that has	23774
adopted, or in which has been adopted, a resolution of that nature	23775
that is made pursuant to division (E)(1)(c) of section 503.52 of	23776
the Revised Code, the prosecuting attorney shall prosecute and	23777
defend on behalf of the township in the trial and argument in any	23778
court or tribunal of any challenge to the validity of the	23779
resolution. If the challenge to the validity of the resolution is	23780
before a federal court, the prosecuting attorney may request the	23781
attorney general to assist the prosecuting attorney in prosecuting	23782
and defending the challenge and, upon the prosecuting attorney's	23783
making of such a request, the attorney general shall assist the	23784
prosecuting attorney in performing that service if the resolution	23785
was drafted in accordance with legal guidance provided by the	23786
attorney general as described in division (B)(2) of section 503.52	23787
of the Revised Code. The attorney general shall provide this	23788
assistance without charge to the township for which the service is	23789
performed. If a township adopts a resolution without the legal	23790
guidance of the attorney general, the attorney general is not	23791
required to provide assistance as described in this division to a	23792
prosecuting attorney.	23793

(ii) Upon the request of a township in the county that has	23794
adopted, or in which has been adopted, a resolution of that nature	23795
that is made pursuant to division (E)(1)(a) of section 503.52 of	23796
the Revised Code, the prosecuting attorney shall prosecute and	23797
defend on behalf of the township a civil action to enjoin the	23798
violation of the resolution in question.	23799

(iii) Upon the request of a township in the county that has	23800
adopted, or in which has been adopted, a resolution of that nature	23801
that is made pursuant to division (E)(1)(b) of section 503.52 of	23802
the Revised Code, the prosecuting attorney shall prosecute and	23803
defend on behalf of the township a civil action under Chapter	23804
3767. of the Revised Code to abate as a nuisance the place in the	23805
unincorporated area of the township at which the resolution is	23806
being or has been violated. Proceeds from the sale of personal	23807
property or contents seized pursuant to the action shall be	23808
applied and deposited in accordance with division (E)(1)(b) of	23809
section 503.52 of the Revised Code.	23810

(b) The provisions of division (B)(2)(a) of this section	23811
apply regarding all townships, including townships that have	23812
adopted a limited home rule government pursuant to Chapter 504. of	23813
the Revised Code, and regardless of whether a township that has so	23814
adopted a limited home rule government has entered into a contract	23815
with the prosecuting attorney as described in division (B) of	23816
section 504.15 of the Revised Code or has appointed a law director	23817
as described in division (A) of that section.	23818

The prosecuting attorney shall prosecute and defend in the	23819
actions and proceedings described in division (B)(2)(a) of this	23820
section without charge to the township for which the services are	23821
performed.	23822

(C) Whenever the board of county commissioners employs an	23823
attorney other than the prosecuting attorney of the county,	23824
without the authorization of the court of common pleas as provided	23825
in section 305.14 of the Revised Code, either for a particular	23826
matter or on an annual basis, to represent the board in its	23827
official capacity and to advise it on legal matters, the board	23828
shall enter upon its journal an order of the board in which the	23829
compensation to be paid for the legal services shall be fixed. The	23830
compensation shall be paid from the county general fund. The total	23831
compensation paid, in any year, by the board for legal services	23832
under this division shall not exceed the total annual compensation	23833
of the prosecuting attorney for that county.	23834

(D) The prosecuting attorney and the board of county	23835
commissioners jointly may contract with a board of park	23836
commissioners under section 1545.07 of the Revised Code for the	23837
prosecuting attorney to provide legal services to the park	23838
district the board of park commissioners operates.	23839

(E) The prosecuting attorney may be, in the prosecuting	23840
attorney's discretion and with the approval of the board of county	23841
commissioners, the legal adviser of a joint fire district created	23842
under section 505.371 of the Revised Code at no cost to the	23843
district or may be the legal adviser to the district under a	23844
contract that the prosecuting attorney and the district enter	23845
into, and that the board of county ~~commissioner~~commissioners	23846
approves, to authorize the prosecuting attorney to provide legal	23847
services to the district.	23848

(F) The prosecuting attorney may be, in the prosecuting	23849
attorney's discretion and with the approval of the board of county	23850
commissioners, the legal adviser of a joint ambulance district	23851
created under section 505.71 of the Revised Code at no cost to the	23852
district or may be the legal adviser to the district under a	23853
contract that the prosecuting attorney and the district enter	23854
into, and that the board of county commissioners approves, to	23855
authorize the prosecuting attorney to provide legal services to	23856
the district.	23857

(G) The prosecuting attorney may be, in the prosecuting	23858
attorney's discretion and with the approval of the board of county	23859
commissioners, the legal adviser of a joint emergency medical	23860
services district created under section 307.052 of the Revised	23861
Code at no cost to the district or may be the legal adviser to the	23862
district under a contract that the prosecuting attorney and the	23863
district enter into, and that the board of county commissioners	23864
approves, to authorize the prosecuting attorney to provide legal	23865
services to the district.	23866

(H) The prosecuting attorney may be, in the prosecuting	23867
attorney's discretion and with the approval of the board of county	23868
commissioners, the legal adviser of a fire and ambulance district	23869
created under section 505.375 of the Revised Code at no cost to	23870
the district or may be the legal adviser to the district under a	23871
contract that the prosecuting attorney and the district enter	23872
into, and that the board of county commissioners approves, to	23873
authorize the prosecuting attorney to provide legal services to	23874
the district.	23875

(I) All money received pursuant to a contract entered into	23876
under division (D), (E), (F), (G), or (H) of this section shall be	23877
deposited into the prosecuting attorney's legal services fund,	23878
which shall be established in the county treasury of each county	23879
in which such a contract exists. Moneys in that fund may be	23880
appropriated only to the prosecuting attorney for the purpose of	23881
providing legal services to a park district, joint fire district,	23882
joint ambulance district, joint emergency medical services	23883
district, or a fire and ambulance district, as applicable, under a	23884
contract entered into under the applicable division.	23885

(J) The prosecuting attorney shall be the legal advisor of a	23886
lake facilities authority as provided in section 353.02 of the	23887
Revised Code.	23888

Sec. 311.172. (A) The sheriff shall charge a one-time fee of	23889
one hundred dollars when a person who, on or after the effective	23890
date of this section, is convicted of an offense for which	23891
registration is required under section 2950.04 or 2950.041 of the	23892
Revised Code registers for the first time. The fee shall be in	23893
addition to any fee that may be charged under section 311.171 of	23894
the Revised Code.	23895

(B) The sheriff shall not refuse to register a person who	23896
does not pay the fee required by this section. At the end of each	23897
calendar year, the sheriff shall report to the attorney general	23898
all fees that have been due and unpaid for more than one year and	23899
that the sheriff has not previously reported. The attorney general	23900
may recover those fees in a civil action.	23901

(C) The sheriff shall transmit on or before the twentieth day	23902
of the following month all money collected during a month under	23903
this section to the county treasurer. Within sixty days after	23904
receipt, the county treasurer shall transmit the money to the	23905
treasurer of state to be credited to the rape crisis program trust	23906
fund created by section 109.921 of the Revised Code.	23907

Sec. 317.06. (A) Each county recorder who is newly elected	23908
to a full term of office shall attend and successfully complete at	23909
least fifteen hours of continuing education courses during the	23910
first year of the recorder's term of office and complete at least	23911
another eight hours of such courses each year of the remaining	23912
term. Each county recorder who is elected to a subsequent term of	23913
office shall attend and successfully complete at least eight hours	23914
of such courses in each year of any subsequent term of office. To	23915
be counted toward the continuing education hours required by this	23916
section, a course must be approved by the Ohio recorders'	23917
association. Any county recorder who teaches an approved course	23918
shall be entitled to credit for the course in the same manner as	23919
if the county recorder had attended the course.	23920

The Ohio recorders' association shall record and, upon	23921
request, verify the completion of required course work for each	23922
county recorder and issue a statement to each county recorder of	23923
the number of hours of continuing education the county recorder	23924
has successfully completed. Each year the association shall send a	23925
list of the continuing education courses, and the number of hours	23926
each county recorder has successfully completed, to the auditor of	23927
state and shall provide a copy of this list to any other	23928
individual who requests it.	23929

The association shall issue a "failure to complete notice" to	23930
any county recorder required to complete continuing education	23931
courses under this section who fails to successfully complete at	23932
least fifteen hours of continuing education courses during the	23933
first year of the county recorder's first term of office or to	23934
complete a total of at least thirty-nine hours of such courses,	23935
including the fifteen hours completed in the first year of the	23936
first term, by the end of that term. The association shall issue a	23937
"failure to complete notice" to any county recorder required to	23938
complete continuing education courses under this section who fails	23939
to successfully complete at least eight hours of continuing	23940
education courses each year of any subsequent term of office or to	23941
complete a total of at least thirty-two hours of such courses, by	23942
the end of that subsequent term. The notice is for informational	23943
purposes only and does not affect any individual's ability to hold	23944
the office of county recorder.	23945

(B) ~~Each board of county commissioners shall approve, from~~	23946
~~money appropriated to the county recorder, a reasonable amount~~	23947
~~requested by the county recorder of its county to cover the~~The	23948
costs the county recorder must incur to meet the requirements of	23949
division (A) of this section, including registration fees, lodging	23950
and meal expenses, and travel expenses shall be paid from the	23951
county recorder's technology fund, if such a fund has been	23952
established under section 317.321 of the Revised Code.	23953

Sec. 317.08. (A) Except as provided in divisions (C), (D),	23954
and (E) of this section, the county recorder shall keep six	23955
separate sets of records as follows:	23956

(1) A record of deeds, in which shall be recorded all deeds	23957
and other instruments of writing for the absolute and	23958
unconditional sale or conveyance of lands, tenements, and	23959
hereditaments; all notices as provided in sections 5301.47 to	23960
5301.56 of the Revised Code; all judgments or decrees in actions	23961
brought under section 5303.01 of the Revised Code; all	23962
declarations and bylaws, and all amendments to declarations and	23963
bylaws, as provided in Chapter 5311. of the Revised Code;	23964
affidavits as provided in sections 5301.252 and 5301.56 of the	23965
Revised Code; all certificates as provided in section 5311.17 of	23966
the Revised Code; all articles dedicating archaeological preserves	23967
accepted by the director of the Ohio historical society under	23968
section 149.52 of the Revised Code; all articles dedicating nature	23969
preserves accepted by the director of natural resources under	23970
section 1517.05 of the Revised Code; ~~all agreements for the~~	23971
~~registration of lands as archaeological or historic landmarks~~	23972
~~under section 149.51 or 149.55 of the Revised Code;~~ all	23973
conveyances of conservation easements and agricultural easements	23974
under section 5301.68 of the Revised Code; all instruments	23975
extinguishing agricultural easements under section 901.21 or	23976
5301.691 of the Revised Code or pursuant to terms of such an	23977
easement granted to a charitable organization under section	23978
5301.68 of the Revised Code; all instruments or orders described	23979
in division (B)(2)(b) of section 5301.56 of the Revised Code; all	23980
no further action letters issued under section 122.654 or 3746.11	23981
of the Revised Code; all covenants not to sue issued under section	23982
3746.12 of the Revised Code, including all covenants not to sue	23983
issued pursuant to section 122.654 of the Revised Code; any	23984
restrictions on the use of property contained in a no further	23985
action letter issued under section 122.654 of the Revised Code,	23986
any restrictions on the use of property identified pursuant to	23987
division (C)(3)(a) of section 3746.10 of the Revised Code, and any	23988
restrictions on the use of property contained in a deed or other	23989
instrument as provided in division (E) or (F) of section 3737.882	23990
of the Revised Code; any easement executed or granted under	23991
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;	23992
any environmental covenant entered into in accordance with	23993
sections 5301.80 to 5301.92 of the Revised Code; all memoranda of	23994
trust, as described in division (A) of section 5301.255 of the	23995
Revised Code, that describe specific real property; and all	23996
agreements entered into under division (A) of section 1506.44 of	23997
the Revised Code;	23998

(2) A record of mortgages, in which shall be recorded all of	23999
the following:	24000

(a) All mortgages, including amendments, supplements,	24001
modifications, and extensions of mortgages, or other instruments	24002
of writing by which lands, tenements, or hereditaments are or may	24003
be mortgaged or otherwise conditionally sold, conveyed, affected,	24004
or encumbered;	24005

(b) All executory installment contracts for the sale of land	24006
executed after September 29, 1961, that by their terms are not	24007
required to be fully performed by one or more of the parties to	24008
them within one year of the date of the contracts;	24009

(c) All options to purchase real estate, including	24010
supplements, modifications, and amendments of the options, but no	24011
option of that nature shall be recorded if it does not state a	24012
specific day and year of expiration of its validity;	24013

(d) Any tax certificate sold under section 5721.33 of the	24014
Revised Code, or memorandum of it, that is presented for filing of	24015
record.	24016

(3) A record of powers of attorney, including all memoranda	24017
of trust, as described in division (A) of section 5301.255 of the	24018
Revised Code, that do not describe specific real property;	24019

(4) A record of plats, in which shall be recorded all plats	24020
and maps of town lots, of the subdivision of town lots, and of	24021
other divisions or surveys of lands, any center line survey of a	24022
highway located within the county, the plat of which shall be	24023
furnished by the director of transportation or county engineer,	24024
and all drawings and amendments to drawings, as provided in	24025
Chapter 5311. of the Revised Code;	24026

(5) A record of leases, in which shall be recorded all	24027
leases, memoranda of leases, and supplements, modifications, and	24028
amendments of leases and memoranda of leases;	24029

(6) A record of declarations executed pursuant to section	24030
2133.02 of the Revised Code and durable powers of attorney for	24031
health care executed pursuant to section 1337.12 of the Revised	24032
Code.	24033

(B) All instruments or memoranda of instruments entitled to	24034
record shall be recorded in the proper record in the order in	24035
which they are presented for record. The recorder may index, keep,	24036
and record in one volume unemployment compensation liens, internal	24037
revenue tax liens and other liens in favor of the United States as	24038
described in division (A) of section 317.09 of the Revised Code,	24039
personal tax liens, mechanic's liens, agricultural product liens,	24040
notices of liens, certificates of satisfaction or partial release	24041
of estate tax liens, discharges of recognizances, excise and	24042
franchise tax liens on corporations, broker's liens, and liens	24043
provided for in sections 1513.33, 1513.37, 3752.13, ~~5111.022~~	24044
5164.56, and 5311.18 of the Revised Code.	24045

The recording of an option to purchase real estate, including	24046
any supplement, modification, and amendment of the option, under	24047
this section shall serve as notice to any purchaser of an interest	24048
in the real estate covered by the option only during the period of	24049
the validity of the option as stated in the option.	24050

(C) In lieu of keeping the six separate sets of records	24051
required in divisions (A)(1) to (6) of this section and the	24052
records required in divisions (D) and (E) of this section, a	24053
county recorder may record all the instruments required to be	24054
recorded by this section in two separate sets of record books. One	24055
set shall be called the "official records" and shall contain the	24056
instruments listed in divisions (A)(1), (2), (3), (5), and (6) and	24057
(D) and (E) of this section. The second set of records shall	24058
contain the instruments listed in division (A)(4) of this section.	24059

(D) Except as provided in division (C) of this section, the	24060
county recorder shall keep a separate set of records containing	24061
all corrupt activity lien notices filed with the recorder pursuant	24062
to section 2923.36 of the Revised Code and a separate set of	24063
records containing all medicaid fraud lien notices filed with the	24064
recorder pursuant to section 2933.75 of the Revised Code.	24065

(E)(1) The county recorder shall keep a separate set of	24066
records containing all transfers, conveyances, or assignments of	24067
any type of tangible or intangible personal property or any rights	24068
or interests in that property if and to the extent that any person	24069
wishes to record that personal property transaction and if the	24070
applicable instrument is acknowledged before a notary public. If	24071
the transferor is a natural person, the notice of personal	24072
property transfer shall be recorded in the county in this state in	24073
which the transferor maintains the transferor's principal	24074
residence. If the transferor is not a natural person, the notice	24075
of personal property transfer shall be recorded in the county in	24076
this state in which the transferor maintains its principal place	24077
of business. If the transferor does not maintain a principal	24078
residence or a principal place of business in this state and the	24079
transfer is to a trustee of a legacy trust formed pursuant to	24080
Chapter 5816. of the Revised Code, the notice of personal property	24081
transfer shall be recorded in the county in this state where that	24082
trustee maintains a principal residence or principal place of	24083
business. In all other instances, the notice of personal property	24084
transfer shall be recorded in the county in this state where the	24085
property described in the notice is located.	24086

(2) The records described in division (E)(1) of this section	24087
shall be maintained in or as part of the "official records" under	24088
division (C) of this section.	24089

Sec. 317.32. The county recorder shall charge and collect	24090
the following fees, to include, except as otherwise provided in	24091
division (A)(2) of this section, base fees for the recorder's	24092
services and housing trust fund fees collected pursuant to section	24093
317.36 of the Revised Code:	24094

(A)(1) Except as otherwise provided in division (A)(2) of	24095
this section, for recording and indexing an instrument if the	24096
photocopy or any similar process is employed, a base fee of	24097
fourteen dollars for the first two pages and a housing trust fund	24098
fee of fourteen dollars, and a base fee of four dollars and a	24099
housing trust fund fee of four dollars for each subsequent page,	24100
size eight and one-half inches by fourteen inches, or fraction of	24101
a page, including the caption page, of such instrument;	24102

(2) For recording and indexing an instrument described in	24103
division (E)(1) of section 317.08 of the Revised Code if the	24104
photocopy or any similar process is employed, a fee of	24105
twenty-eight dollars for the first two pages to be deposited ~~into~~	24106
~~the county treasury to the credit of the special fund designated~~	24107
~~as "general fund moneys to supplement the equipment needs of the~~	24108
~~county recorder" under section 317.321 of the Revised Code~~as	24109
specified elsewhere in this division, and a fee of eight dollars	24110
to be deposited in the same manner for each subsequent page, size	24111
eight and one-half inches by fourteen inches, or fraction of a	24112
page, including the caption page, of that instrument;. If the	24113
county recorder's technology fund has been established under	24114
section 317.321 of the Revised Code, of the twenty-eight dollars,	24115
fourteen dollars shall be deposited into the county treasury to	24116
the credit of the county recorder's technology fund and fourteen	24117
dollars shall be deposited into the county treasury to the credit	24118
of the county general fund. If the county recorder's technology	24119
fund has not been established, the twenty-eight dollars shall be	24120
deposited into the county treasury to the credit of the county	24121
general fund.	24122

(B) For certifying a photocopy from the record previously	24123
recorded, a base fee of one dollar and a housing trust fund fee of	24124
one dollar per page, size eight and one-half inches by fourteen	24125
inches, or fraction of a page; for each certification if the	24126
recorder's seal is required, except as to instruments issued by	24127
the armed forces of the United States, a base fee of fifty cents	24128
and a housing trust fund fee of fifty cents;	24129

(C) For manual or typewritten recording of assignment or	24130
satisfaction of mortgage or lease or any other marginal entry, a	24131
base fee of four dollars and a housing trust fund fee of four	24132
dollars;	24133

(D) For entering any marginal reference by separate recorded	24134
instrument, a base fee of two dollars and a housing trust fund fee	24135
of two dollars for each marginal reference set out in that	24136
instrument, in addition to the fees set forth in division (A)(1)	24137
of this section;	24138

(E) For indexing in the real estate mortgage records,	24139
pursuant to section 1309.519 of the Revised Code, financing	24140
statements covering crops growing or to be grown, timber to be	24141
cut, minerals or the like, including oil and gas, accounts subject	24142
to section 1309.301 of the Revised Code, or fixture filings made	24143
pursuant to section 1309.334 of the Revised Code, a base fee of	24144
two dollars and a housing trust fund fee of two dollars for each	24145
name indexed;	24146

(F) For recording manually any plat not exceeding six lines,	24147
a base fee of two dollars and a housing trust fund fee of two	24148
dollars, and for each additional line, a base fee of ten cents and	24149
a housing trust fund fee of ten cents;	24150

(G) For filing zoning resolutions, including text and maps,	24151
in the office of the recorder as required under sections 303.11	24152
and 519.11 of the Revised Code, a base fee of twenty-five dollars	24153
and a housing trust fund fee of twenty-five dollars, regardless of	24154
the size or length of the resolutions;	24155

(H) For filing zoning amendments, including text and maps, in	24156
the office of the recorder as required under sections 303.12 and	24157
519.12 of the Revised Code, a base fee of ten dollars and a	24158
housing trust fund fee of ten dollars regardless of the size or	24159
length of the amendments;	24160

(I) For photocopying a document, other than at the time of	24161
recording and indexing as provided for in division (A)(1) or (2)	24162
of this section, a base fee of one dollar and a housing trust fund	24163
fee of one dollar per page, size eight and one-half inches by	24164
fourteen inches, or fraction thereof;	24165

(J) For local facsimile transmission of a document, a base	24166
fee of one dollar and a housing trust fund fee of one dollar per	24167
page, size eight and one-half inches by fourteen inches, or	24168
fraction thereof; for long distance facsimile transmission of a	24169
document, a base fee of two dollars and a housing trust fund fee	24170
of two dollars per page, size eight and one-half inches by	24171
fourteen inches, or fraction thereof;	24172

(K) For recording a declaration executed pursuant to section	24173
2133.02 of the Revised Code or a durable power of attorney for	24174
health care executed pursuant to section 1337.12 of the Revised	24175
Code, or both a declaration and a durable power of attorney for	24176
health care, a base fee of at least fourteen dollars but not more	24177
than twenty dollars and a housing trust fund fee of at least	24178
fourteen dollars but not more than twenty dollars.	24179

In any county in which the recorder employs the photostatic	24180
or any similar process for recording maps, plats, or prints the	24181
recorder shall determine, charge, and collect for the recording or	24182
rerecording of any map, plat, or print, a base fee of five cents	24183
and a housing trust fund fee of five cents per square inch, for	24184
each square inch of the map, plat, or print filed for that	24185
recording or rerecording, with a minimum base fee of twenty	24186
dollars and a minimum housing trust fund fee of twenty dollars;	24187
for certifying a copy from the record, a base fee of two cents and	24188
a housing trust fund fee of two cents per square inch of the	24189
record, with a minimum base fee of two dollars and a minimum	24190
housing trust fund fee of two dollars.	24191

The fees provided in this section shall be paid upon the	24192
presentation of the instruments for record or upon the application	24193
for any certified copy of the record, except that the payment of	24194
fees associated with the filing and recording of, or the copying	24195
of, notices of internal revenue tax liens and notices of other	24196
liens in favor of the United States as described in division (A)	24197
of section 317.09 of the Revised Code and certificates of	24198
discharge or release of those liens, shall be governed by section	24199
317.09 of the Revised Code, and the payment of fees for providing	24200
copies of instruments conveying or extinguishing agricultural	24201
easements to the office of farmland preservation in the department	24202
of agriculture under division (H) of section 5301.691 of the	24203
Revised Code shall be governed by that division.	24204

Sec. 317.321. (A) Not later than the first day of October of	24205
any year, the county recorder may submit to the board of county	24206
commissioners a proposal for funding any of the following:	24207

(1) The acquisition orand maintenance of ~~micrographic or~~	24208
imaging and other technological equipment ~~or for~~and contract	24209
services ~~or a proposal to~~therefor;	24210

(2) To reserve funds for the office's future ~~equipment~~	24211
technology needs if the county recorder has no immediate plans for	24212
the acquisition of imaging and other technological equipment or	24213
contract services, or to use the county recorder's technology fund	24214
as a dedicated revenue source to repay debt to purchase any	24215
imaging and other technological equipment before the accumulation	24216
of adequate resources to purchase the equipment with cash. ~~Either~~	24217

(3) Subject to division (G) of this section, for other	24218
expenses associated with the acquisition and maintenance of	24219
imaging and other technological equipment and contract services.	24220

(B) The proposal shall be in writing and shall include at	24221
least the following:	24222

(1) A request that an amount not to exceed ~~seven~~eight	24223
dollars of the ~~fee~~total base fees collected for filing or	24224
recording a document for which a fee is charged as required by	24225
division (A)(1) of section 317.32 ~~of the Revised Code~~ or by	24226
section 1309.525 or 5310.15 of the Revised Code ~~and the amount of~~	24227
~~the fees collected under division (A)(2) of section 317.32 of the~~	24228
~~Revised Code~~ be placed in the county treasury ~~and designated as~~	24229
~~"general~~to the credit of the county recorder's technology fund	24230
~~moneys to supplement the equipment needs of the county recorder"~~;	24231

(2) ~~The~~Except as provided in division (E)(3) of this	24232
section, the number of years, not to exceed five, for which the	24233
county recorder requests that the amount requested under division	24234
(A)(1) of this section be given the designation specified in that	24235
division;	24236

(3) An estimate of the total amount of fees that will be	24237
generated for filing or recording a document for which a fee is	24238
charged as required by division (A)(1) or (2) of section 317.32 of	24239
the Revised Code or by section 1309.525 or 5310.15 of the Revised	24240
Code;	24241

(4) An estimate of the total amount of fees for filing or	24242
recording a document for which a fee is charged as required by	24243
division (A)(1) or (2) of section 317.32 ~~of the Revised Code~~ or by	24244
section 1309.525 or 5310.15 of the Revised Code that will be	24245
~~designated as "general~~credited to the county recorder's	24246
technology fund ~~moneys to supplement the equipment needs of the~~	24247
~~county recorder"~~ if the request submitted under division ~~(A)~~(B)(1)	24248
of this section is approved by the board of county commissioners.	24249

(C) A proposal for the ~~acquisition or maintenance of~~	24250
~~micrographic or other equipment or for contract services may~~	24251
purposes of division (A)(1) of this section shall include a	24252
description or summary of the ~~micrographic or~~imaging and other	24253
technological equipment~~, or maintenance of the micrographic or~~	24254
~~other equipment,~~ that the county recorder proposes to acquire and	24255
maintain, orand the nature of contract services that the county	24256
recorder proposes to utilize, if the proposal is for those	24257
purposes. A proposal ~~to reserve funds for the office's future~~	24258
~~equipment needs if the county recorder has no immediate plans~~ for	24259
the ~~acquisition of equipment or services~~purposes of division	24260
(A)(2) of this section shall explain the general future technology	24261
needs of the office for imaging and other technological equipment,	24262
or for revenue to repay debt, if the proposal is for those	24263
purposes. A proposal for the purposes of division (A)(3) of this	24264
section shall identify the other expenses associated with the	24265
acquisition and maintenance of imaging and other technological	24266
equipment and contract services that the county recorder proposes	24267
to pay with moneys in the county recorder's technology fund, if	24268
the proposal is for those purposes.	24269

~~(B)~~(D) The board of county commissioners shall receive ~~either~~	24270
a proposal and the clerk shall enter it on the journal. At the	24271
same time, the board shall establish a date, not sooner than	24272
fifteen or later than thirty days after the ~~board's receipt of~~	24273
board receives the proposal, on which to meet with the recorder to	24274
review the proposal.	24275

~~(C)~~(E)(1) ~~Not~~Except as provided in division (E)(3) of this	24276
section, not later than the fifteenth day of December of any year	24277
in which a proposal ~~for the acquisition or maintenance of~~	24278
~~micrographic or other equipment or for contract services~~ is	24279
submitted under division (A) of this section, the board of county	24280
commissioners shall approve, reject, or modify the proposal and	24281
notify the county recorder of its action on the proposal. If the	24282
board rejects or modifies the proposal, it shall make a written	24283
finding that the request is for a purpose other than for	24284
~~acquiring, leasing, or otherwise obtaining micrographic or other~~	24285
~~equipment or contracts for use by the county recorder~~a purpose in	24286
division (A) of this section, or that the amount requested ~~for the~~	24287
~~acquisition or maintenance of micrographic or other equipment or~~	24288
~~for contract services~~ is excessive as determined by the board. If	24289
~~the board approves the proposal, it shall request the~~	24290
~~establishment of a special fund under section 5705.12 of the~~	24291
~~Revised Code for any fees designated as "general fund moneys to~~	24292
~~supplement the equipment needs of the county recorder.~~"	24293

(2) ~~Not later than the fifteenth day of December of any year~~	24294
~~in which a proposal to reserve funds for the office's future~~	24295
~~equipment needs is submitted under division (A) of this section,~~	24296
~~the board of county commissioners shall approve the proposal,~~	24297
~~notify the county recorder of its action on the proposal, and~~	24298
~~request the establishment of a special fund under section 5705.12~~	24299
~~of the Revised Code for any fees designated as "general~~A	24300
proposal submitted under division (A) of this section that was	24301
approved by the board of county commissioners before, and is in	24302
effect on, the effective date of this amendment shall continue in	24303
effect until January 1, 2019, notwithstanding the number of years	24304
of funding specified in the approved proposal.	24305

(3) A proposal submitted under division (A) of this section	24306
between October 1, 2013, and October 1, 2017, may request that an	24307
amount that does not exceed three dollars be credited to the	24308
county recorder's technology fund, in addition to the amount	24309
previously approved by the board of county commissioners in a	24310
proposal described in division (E)(2) of this section. The	24311
proposal may be submitted each year during that time period, but	24312
shall be limited to funding in the following fiscal year. If the	24313
total of the amount under division (E)(2) of this section and the	24314
amount requested under this division does not exceed eight	24315
dollars, the board shall approve the proposal and notify the	24316
county recorder of its approval.	24317

(4) If the total amount of fees provided for in divisions	24318
(B), (E)(2), and (E)(3) of this section is less than eight	24319
dollars, a proposal requesting additional fees may be submitted to	24320
the board of county commissioners under division (E)(1) of this	24321
section, as long as the total amount of the fees in divisions (B)	24322
and (E)(2), (3), and (4) of this section that are to be credited	24323
to the county recorder's technology fund does not exceed eight	24324
dollars, and the proposal is for a number of years, not to exceed	24325
five.	24326

(5) When a proposal is approved by the board of county	24327
commissioners under division (E) of this section, the county	24328
recorder's technology fund ~~moneys to supplement the equipment~~	24329
~~needs of the county recorder."~~is established in the county	24330
treasury, and, beginning on the following first day of January,	24331
the fees approved shall be deposited in that fund.	24332

~~(D)~~(F) The acquisition orand maintenance of ~~micrographic or~~	24333
imaging and other technological equipment, and ~~the acquisition of~~	24334
other associated expenses and contract services therefor, shall be	24335
specifically governed by sections 307.80 to 307.806, 307.84 to	24336
307.846, 307.86 to 307.92, and 5705.38, and by division (D) of	24337
section 5705.41 of the Revised Code.	24338

(G) If the use of the county recorder's technology fund for	24339
the purposes of division (A)(3) of this section includes	24340
associated expenses for personnel, the use of the fund for	24341
personnel shall be strictly confined to personnel directly related	24342
to imaging and other technological equipment, and any compensation	24343
increases for those personnel shall not exceed the average of the	24344
annual aggregate percentage increase or decrease in the	24345
compensation fixed by the board of county commissioners for their	24346
employees, and for the officers in section 325.27 of the Revised	24347
Code. Use of the fund for compensation bonuses, or for recognizing	24348
outstanding employee performance in a manner described in section	24349
325.25 of the Revised Code, is prohibited.	24350

(H) If a county is under a fiscal caution under section	24351
118.025 of the Revised Code, or is under a fiscal watch or fiscal	24352
emergency as defined in section 118.01 of the Revised Code, the	24353
board of county commissioners, notwithstanding sections 5705.14 to	24354
5705.16 of the Revised Code, may transfer from the county	24355
recorder's technology fund any moneys the board deems necessary.	24356

Sec. 317.36. (A) The county recorder shall collect the low-	24357
and moderate-income housing trust fund fee as specified in	24358
sections 317.114, 317.32, 1563.42, 1702.59, 2505.13, 4141.23,	24359
4509.60, ~~5111.022~~5164.56, 5310.15, 5703.93, 5719.07, 5727.56,	24360
5733.18, 5733.22, 6101.09, and 6115.09 of the Revised Code. The	24361
amount of any housing trust fund fee the recorder is authorized to	24362
collect is equal to the amount of any base fee the recorder is	24363
authorized to collect for services. The housing trust fund fee	24364
shall be collected in addition to the base fee.	24365

(B) The recorder shall certify the amounts collected as	24366
housing trust fund fees pursuant to division (A) of this section	24367
into the county treasury as housing trust fund fees to be paid to	24368
the treasurer of state pursuant to section 319.63 of the Revised	24369
Code.	24370

Sec. 319.10. The county auditor may enter into a contract	24371
with a county land reutilization corporation organized under	24372
Chapter 1724. of the Revised Code to provide employees of the	24373
auditor to provide services to the corporation. An employee of the	24374
auditor who provides services to a county land reutilization	24375
corporation under such a contract shall not be considered an	24376
employee of the corporation during the provision of services, but	24377
shall remain an employee of the county during provision of	24378
services pursuant to the contract.	24379

Sec. 319.302. (A)(1) Real property that is not intended	24380
primarily for use in a business activity shall qualify for a	24381
partial exemption from real property taxation. For purposes of	24382
this partial exemption, "business activity" includes all uses of	24383
real property, except farming; leasing property for farming;	24384
occupying or holding property improved with single-family,	24385
two-family, or three-family dwellings; leasing property improved	24386
with single-family, two-family, or three-family dwellings; or	24387
holding vacant land that the county auditor determines will be	24388
used for farming or to develop single-family, two-family, or	24389
three-family dwellings. For purposes of this partial exemption,	24390
"farming" does not include land used for the commercial production	24391
of timber that is receiving the tax benefit under section 5713.23	24392
or 5713.31 of the Revised Code and all improvements connected with	24393
such commercial production of timber.	24394

(2) Each year, the county auditor shall review each parcel of	24395
real property to determine whether it qualifies for the partial	24396
exemption provided for by this section as of the first day of	24397
January of the current tax year.	24398

(B) After complying with section 319.301 of the Revised Code,	24399
the county auditor shall reduce the remaining sums to be levied by	24400
qualifying levies against each parcel of real property that is	24401
listed on the general tax list and duplicate of real and public	24402
utility property for the current tax year and that qualifies for	24403
partial exemption under division (A) of this section, and against	24404
each manufactured and mobile home that is taxed pursuant to	24405
division (D)(2) of section 4503.06 of the Revised Code and that is	24406
on the manufactured home tax list for the current tax year, by ten	24407
per cent, to provide a partial exemption for that parcel or home.	24408
~~Except~~For the purposes of this division:	24409

(1) "Qualifying levy" means a levy approved at an election	24410
held before the effective date of the amendment of this section by	24411
H.B. 59 of the 130th general assembly; a levy within the ten-mill	24412
limitation, or provided for by the charter of a municipal	24413
corporation, that was levied on the tax list for tax year 2013; a	24414
subsequent renewal of any such levy; or a subsequent substitute	24415
for such a levy under section 5705.199 of the Revised Code.	24416

(2) "Qualifying levy" does not include any replacement	24417
imposed under section 5705.192 of the Revised Code of any levy	24418
described in division (B)(1) of this section.	24419

(C) Except as otherwise provided in sections 323.152,	24420
323.158, 505.06, and 715.263 of the Revised Code, the amount of	24421
the taxes remaining after any such reduction shall be the real and	24422
public utility property taxes charged and payable on each parcel	24423
of real property, including property that does not qualify for	24424
partial exemption under division (A) of this section, and the	24425
manufactured home tax charged and payable on each manufactured or	24426
mobile home, and shall be the amounts certified to the county	24427
treasurer for collection. Upon receipt of the real and public	24428
utility property tax duplicate, the treasurer shall certify to the	24429
tax commissioner the total amount by which the real property taxes	24430
were reduced under this section, as shown on the duplicate. Such	24431
reduction shall not directly or indirectly affect the	24432
determination of the principal amount of notes that may be issued	24433
in anticipation of any tax levies or the amount of bonds or notes	24434
for any planned improvements. If after application of sections	24435
5705.31 and 5705.32 of the Revised Code and other applicable	24436
provisions of law, including divisions (F) and (I) of section	24437
321.24 of the Revised Code, there would be insufficient funds for	24438
payment of debt charges on bonds or notes payable from taxes	24439
reduced by this section, the reduction of taxes provided for in	24440
this section shall be adjusted to the extent necessary to provide	24441
funds from such taxes.	24442

~~(C)~~(D) The tax commissioner may adopt rules governing the	24443
administration of the partial exemption provided for by this	24444
section.	24445

~~(D)~~(E) The determination of whether property qualifies for	24446
partial exemption under division (A) of this section is solely for	24447
the purpose of allowing the partial exemption under division (B)	24448
of this section.	24449

Sec. 321.35. Upon demand of the treasurer of state while	24450
holding a school district, county, township, or municipal	24451
corporation obligation purchased under division (G)(1) of section	24452
135.143 of the Revised Code, in making any payment under section	24453
321.31 or 321.34 of the Revised Code, the county auditor shall	24454
withhold funds of the school district, county, township, or	24455
municipal corporation in an amount sufficient to pay debt service	24456
charges on that obligation and any of the fee for the agreement to	24457
purchase that obligation, less any amount deposited for that	24458
purpose under division (D) of section 3317.18 of the Revised Code.	24459
The county auditor shall promptly pay to the treasurer of state	24460
the amount withheld.	24461

Sec. 321.44. (A)(1) A county probation services fund shall	24462
be established in the county treasury of each county. The fund a	24463
county establishes under this division shall contain all moneys	24464
paid to the treasurer of the county under section 2951.021 of the	24465
Revised Code for deposit into the fund. The moneys paid into the	24466
fund shall be deposited by the treasurer of the county into the	24467
appropriate account established under divisions (A)(1)(a) to (d)	24468
of this section. Separate accounts shall be maintained in	24469
accordance with the following criteria in the fund a county	24470
establishes under this division:	24471

(a) If a county department of probation is established in the	24472
county, a separate account shall be maintained in the fund for the	24473
county department of probation.	24474

(b) If the judges of the court of common pleas of the county	24475
have affiliated with the judges of the court of common pleas of	24476
one or more other counties and have established a multicounty	24477
department of probation, a separate account shall be maintained in	24478
the fund for the multicounty department of probation.	24479

(c) If a department of probation is established in a	24480
county-operated municipal court that has jurisdiction within the	24481
county, a separate account shall be maintained in the fund for the	24482
municipal court department of probation.	24483

(d) If a county department of probation has not been	24484
established in the county and if the court of common pleas of the	24485
county, pursuant to section 2301.32 of the Revised Code, has	24486
entered into an agreement with the adult parole authority under	24487
which the court may place defendants under a community control	24488
sanction in charge of the authority, a separate account shall be	24489
maintained in the fund for the court of common pleas.	24490

(2) For any county, if a county department of probation is	24491
established in the county or if a department of probation is	24492
established in a county-operated municipal court that has	24493
jurisdiction within the county, the board of county commissioners	24494
of the county shall appropriate to the county department of	24495
probation or municipal court department of probation all money	24496
that is contained in the department's account in the county	24497
probation services fund established in the county for use only for	24498
specialized staff, purchase of equipment, purchase of services,	24499
reconciliation programs for offenders and victims, other treatment	24500
programs, including ~~alcohol and drug~~community addiction ~~programs~~	24501
services providers certified under section ~~3793.06~~5119.36 of the	24502
Revised Code, determined to be appropriate by the chief probation	24503
officer of the department of probation, and other similar expenses	24504
related to placing offenders under a community control sanction.	24505

For any county, if the judges of the court of common pleas of	24506
the county have affiliated with the judges of the court of common	24507
pleas of one or more other counties and have established a	24508
multicounty department of probation to serve the counties, the	24509
board of county commissioners of the county shall appropriate and	24510
the county treasurer shall transfer to the multicounty probation	24511
services fund established for the multicounty department of	24512
probation under division (B) of this section all money that is	24513
contained in the multicounty department of probation account in	24514
the county probation services fund established in the county for	24515
use in accordance with that division.	24516

For any county, if a county department of probation has not	24517
been established in the county and if the court of common pleas of	24518
the county, pursuant to section 2301.32 of the Revised Code, has	24519
entered into an agreement with the adult parole authority under	24520
which the court may place defendants under a community control	24521
sanction in charge of the authority, the board of county	24522
commissioners of the county shall appropriate to the court all	24523
money that is contained in the court's account in the county	24524
probation services fund established in the county for use only for	24525
specialized staff, purchase of equipment, purchase of services,	24526
reconciliation programs for offenders and victims, other treatment	24527
and recovery support services, including properly credentialed	24528
treatment and recovery support services program providers or those	24529
certified under section ~~3793.06~~5119.36 of the Revised Code,	24530
determined to be appropriate by the authority, and other similar	24531
uses related to placing offenders under a community control	24532
sanction.	24533

(B) If the judges of the courts of common pleas of two or	24534
more counties have established a multicounty department of	24535
probation, a multicounty probation services fund shall be	24536
established in the county treasury of the county whose treasurer,	24537
in accordance with section 2301.27 of the Revised Code, is	24538
designated by the judges of the courts of common pleas as the	24539
treasurer to whom monthly supervision fees are to be appropriated	24540
and transferred under division (A)(2) of this section for deposit	24541
into the fund. The fund shall contain all moneys that are paid to	24542
the treasurer of any member county under section 2951.021 of the	24543
Revised Code for deposit into the county's probation services fund	24544
and that subsequently are appropriated and transferred to the	24545
multicounty probation services fund under division (A)(2) of this	24546
section. The board of county commissioners of the county in which	24547
the multicounty probation services fund is established shall	24548
appropriate the money contained in that fund to the multicounty	24549
department of probation, for use only for specialized staff,	24550
purchase of equipment, purchase of services, reconciliation	24551
programs for offenders and victims, other treatment programs,	24552
including ~~alcohol and drug~~community addiction ~~programs~~services	24553
providers certified under section ~~3793.06~~5119.36 of the Revised	24554
Code, determined to be appropriate by the chief probation officer,	24555
and for other similar expenses related to placing offenders under	24556
a community control sanction.	24557

(C) Any money in a county or multicounty probation services	24558
fund at the end of a fiscal year shall not revert to the general	24559
fund of the county but shall be retained in the fund.	24560

(D) As used in this section:

24561

(1) "County-operated municipal court" has the same meaning as	24562
in section 1901.03 of the Revised Code.	24563

(2) "Multicounty department of probation" means a probation	24564
department established under section 2301.27 of the Revised Code	24565
to serve more than one county.	24566

(3) "Community control sanction" has the same meaning as in	24567
section 2929.01 of the Revised Code.	24568

Sec. 321.49. The county treasurer may enter into a contract	24569
with a county land reutilization corporation organized under	24570
Chapter 1724. of the Revised Code to provide employees of the	24571
treasurer to provide services to the corporation. An employee of	24572
the treasurer who provides services to a county land reutilization	24573
corporation under such a contract shall not be considered an	24574
employee of the corporation during the provision of services, but	24575
shall remain an employee of the county during provision of	24576
services pursuant to the contract.	24577

Sec. 323.151. As used in sections 323.151 to 323.159 of the	24578
Revised Code:	24579

(A)(1) "Homestead" means either of the following:

24580

(a) A dwelling, including a unit in a multiple-unit dwelling	24581
and a manufactured home or mobile home taxed as real property	24582
pursuant to division (B) of section 4503.06 of the Revised Code,	24583
owned and occupied as a home by an individual whose domicile is in	24584
this state and who has not acquired ownership from a person, other	24585
than the individual's spouse, related by consanguinity or affinity	24586
for the purpose of qualifying for the real property tax reduction	24587
provided in section 323.152 of the Revised Code.	24588

(b) A unit in a housing cooperative that is occupied as a	24589
home, but not owned, by an individual whose domicile is in this	24590
state.	24591

(2) The homestead shall include so much of the land	24592
surrounding it, not exceeding one acre, as is reasonably necessary	24593
for the use of the dwelling or unit as a home. An owner includes a	24594
holder of one of the several estates in fee, a vendee in	24595
possession under a purchase agreement or a land contract, a	24596
mortgagor, a life tenant, one or more tenants with a right of	24597
survivorship, tenants in common, and a settlor of a revocable or	24598
irrevocable inter vivos trust holding the title to a homestead	24599
occupied by the settlor as of right under the trust. The tax	24600
commissioner shall adopt rules for the uniform classification and	24601
valuation of real property or portions of real property as	24602
homesteads.	24603

(B) "Sixty-five years of age or older" means a person who has	24604
attained age sixty-four prior to the first day of January of the	24605
year of application for reduction in real estate taxes.	24606

(C) "Total income" means Ohio adjusted gross income of the	24607
owner and the owner's spouse for the year preceding the year in	24608
which application for a reduction in taxes is made, as determined	24609
under division (A) of section 5747.01 of the Revised Code.	24610

(D) "Permanently and totally disabled" means a person who	24611
has, on the first day of January of the year of application for	24612
reduction in real estate taxes, some impairment in body or mind	24613
that makes the person unable to work at any substantially	24614
remunerative employment that the person is reasonably able to	24615
perform and that will, with reasonable probability, continue for	24616
an indefinite period of at least twelve months without any present	24617
indication of recovery therefrom or has been certified as	24618
permanently and totally disabled by a state or federal agency	24619
having the function of so classifying persons.	24620

~~(D)~~(E) "Housing cooperative" means a housing complex of at	24621
least two units that is owned and operated by a nonprofit	24622
corporation that issues a share of the corporation's stock to an	24623
individual, entitling the individual to live in a unit of the	24624
complex, and collects a monthly maintenance fee from the	24625
individual to maintain, operate, and pay the taxes of the complex.	24626

Sec. 323.152. In addition to the reduction in taxes required	24627
under section 319.302 of the Revised Code, taxes shall be reduced	24628
as provided in divisions (A) and (B) of this section.	24629

(A)(1) Division (A) of this section applies to any of the	24630
following persons:	24631

(a) A person who is permanently and totally disabled;

24632

(b) A person who is sixty-five years of age or older;

24633

(c) A person who is the surviving spouse of a deceased person	24634
who was permanently and totally disabled or sixty-five years of	24635
age or older and who applied and qualified for a reduction in	24636
taxes under this division in the year of death, provided the	24637
surviving spouse is at least fifty-nine but not sixty-five or more	24638
years of age on the date the deceased spouse dies.	24639

(2) Real property taxes on a homestead owned and occupied, or	24640
a homestead in a housing cooperative occupied, by a person to whom	24641
division (A) of this section applies shall be reduced for each	24642
year for which an application for the reduction has been approved.	24643
The reduction shall equal ~~the greater of the reduction granted for~~	24644
~~the tax year preceding the first tax year to which this section~~	24645
~~applies pursuant to Section 803.06 of Am. Sub. H.B. 119 of the~~	24646
~~127th general assembly, if the taxpayer received a reduction for~~	24647
~~that preceding tax year, or~~one of the following amounts, as	24648
applicable to the person:	24649

(a) If the person received a reduction under division (A) of	24650
this section for tax year 2006, the greater of the reduction for	24651
that tax year or the amount computed under division (A)(3) of this	24652
section;	24653

(b) If the person received a reduction under division (A) of	24654
this section for tax year 2013 or under section 4503.066 of the	24655
Revised Code for tax year 2014, the amount computed under division	24656
(A)(3) of this section. For purposes of divisions (A)(2)(b) and	24657
(c) of this section, a person receives a reduction under division	24658
(A) of this section or under section 4503.065 of the Revised Code	24659
for tax year 2013 or 2014, respectively, if the person files a	24660
late application for that respective tax year that is approved by	24661
the county auditor under section 323.153 or 4503.066 of the	24662
Revised Code.	24663

(c) If the person did not receive a reduction under division	24664
(A) of this section or under section 4503.066 of the Revised Code	24665
for tax year 2013 and the person's total income does not exceed	24666
thirty thousand dollars, as adjusted under division (A)(4) of this	24667
section, the amount computed under division (A)(3) of this	24668
section.	24669

(3) The amount of the reduction under division (A)(3) of this	24670
section equals the product of the following:	24671

(a) Twenty-five thousand dollars of the true value of the	24672
property in money;	24673

(b) The assessment percentage established by the tax	24674
commissioner under division (B) of section 5715.01 of the Revised	24675
Code, not to exceed thirty-five per cent;	24676

(c) The effective tax rate used to calculate the taxes	24677
charged against the property for the current year, where	24678
"effective tax rate" is defined as in section 323.08 of the	24679
Revised Code;	24680

(d) The quantity equal to one minus the sum of the percentage	24681
reductions in taxes received by the property for the current tax	24682
year under section 319.302 of the Revised Code and division (B) of	24683
section 323.152 of the Revised Code.	24684

(4) Each calendar year, the tax commissioner shall adjust the	24685
total income threshold described in division (A)(2)(c) of this	24686
section by completing the following calculations in September of	24687
each year:	24688

(a) Determine the percentage increase in the gross domestic	24689
product deflator determined by the bureau of economic analysis of	24690
the United States department of commerce from the first day of	24691
January of the preceding calendar year to the last day of December	24692
of the preceding calendar year;	24693

(b) Multiply that percentage increase by the total income	24694
threshold for the current tax year;	24695

(c) Add the resulting product to the total income threshold	24696
for the current tax year;	24697

(d) Round the resulting sum to the nearest multiple of one	24698
hundred dollars.	24699

The commissioner shall certify the amount resulting from the	24700
adjustment to each county auditor not later than the first day of	24701
December each year. The certified amount applies to the following	24702
tax year for persons described in division (A)(2)(c) of this	24703
section. The commissioner shall not make the adjustment in any	24704
calendar year in which the amount resulting from the adjustment	24705
would be less than the total income threshold for the current tax	24706
year.	24707

(B) To provide a partial exemption, real property taxes on	24708
any homestead, and manufactured home taxes on any manufactured or	24709
mobile home on which a manufactured home tax is assessed pursuant	24710
to division (D)(2) of section 4503.06 of the Revised Code, shall	24711
be reduced for each year for which an application for the	24712
reduction has been approved. The amount of the reduction shall	24713
equal two and one-half per cent of the amount of taxes to be	24714
levied by qualifying levies on the homestead or the manufactured	24715
or mobile home after applying section 319.301 of the Revised Code.	24716
For the purposes of this division, "qualifying levy" has the same	24717
meaning as in section 319.302 of the Revised Code.	24718

(C) The reductions granted by this section do not apply to	24719
special assessments or respread of assessments levied against the	24720
homestead, and if there is a transfer of ownership subsequent to	24721
the filing of an application for a reduction in taxes, such	24722
reductions are not forfeited for such year by virtue of such	24723
transfer.	24724

(D) The reductions in taxable value referred to in this	24725
section shall be applied solely as a factor for the purpose of	24726
computing the reduction of taxes under this section and shall not	24727
affect the total value of property in any subdivision or taxing	24728
district as listed and assessed for taxation on the tax lists and	24729
duplicates, or any direct or indirect limitations on indebtedness	24730
of a subdivision or taxing district. If after application of	24731
sections 5705.31 and 5705.32 of the Revised Code, including the	24732
allocation of all levies within the ten-mill limitation to debt	24733
charges to the extent therein provided, there would be	24734
insufficient funds for payment of debt charges not provided for by	24735
levies in excess of the ten-mill limitation, the reduction of	24736
taxes provided for in sections 323.151 to 323.159 of the Revised	24737
Code shall be proportionately adjusted to the extent necessary to	24738
provide such funds from levies within the ten-mill limitation.	24739

(E) No reduction shall be made on the taxes due on the	24740
homestead of any person convicted of violating division (D) or (E)	24741
of section 323.153 of the Revised Code for a period of three years	24742
following the conviction.	24743

Sec. 323.153. (A) To obtain a reduction in real property	24744
taxes under division (A) or (B) of section 323.152 of the Revised	24745
Code or in manufactured home taxes under division (B) of section	24746
323.152 of the Revised Code, the owner shall file an application	24747
with the county auditor of the county in which the owner's	24748
homestead is located.	24749

To obtain a reduction in real property taxes under division	24750
(A) of section 323.152 of the Revised Code, the occupant of a	24751
homestead in a housing cooperative shall file an application with	24752
the nonprofit corporation that owns and operates the housing	24753
cooperative, in accordance with this paragraph. Not later than the	24754
first day of March each year, the corporation shall obtain	24755
applications from the county auditor's office and provide one to	24756
each new occupant. Not later than the first day of May, any	24757
occupant who may be eligible for a reduction in taxes under	24758
division (A) of section 323.152 of the Revised Code shall submit	24759
the completed application to the corporation. Not later than the	24760
fifteenth day of May, the corporation shall file all completed	24761
applications, and the information required by division (B) of	24762
section 323.159 of the Revised Code, with the county auditor of	24763
the county in which the occupants' homesteads are located.	24764
Continuing applications shall be furnished to an occupant in the	24765
manner provided in division (C)(4) of this section.	24766

(1) An application for reduction based upon a physical	24767
disability shall be accompanied by a certificate signed by a	24768
physician, and an application for reduction based upon a mental	24769
disability shall be accompanied by a certificate signed by a	24770
physician or psychologist licensed to practice in this state,	24771
attesting to the fact that the applicant is permanently and	24772
totally disabled. The certificate shall be in a form that the tax	24773
commissioner requires and shall include the definition of	24774
permanently and totally disabled as set forth in section 323.151	24775
of the Revised Code. An application for reduction based upon a	24776
disability certified as permanent and total by a state or federal	24777
agency having the function of so classifying persons shall be	24778
accompanied by a certificate from that agency.	24779

An application for a reduction under division (A) of section	24780
323.152 of the Revised Code constitutes a continuing application	24781
for a reduction in taxes for each year in which the dwelling is	24782
the applicant's homestead.	24783

(2) An application for a reduction in taxes under division	24784
(B) of section 323.152 of the Revised Code shall be filed only if	24785
the homestead or manufactured or mobile home was transferred in	24786
the preceding year or did not qualify for and receive the	24787
reduction in taxes under that division for the preceding tax year.	24788
The application for homesteads transferred in the preceding year	24789
shall be incorporated into any form used by the county auditor to	24790
administer the tax law in respect to the conveyance of real	24791
property pursuant to section 319.20 of the Revised Code or of used	24792
manufactured homes or used mobile homes as defined in section	24793
5739.0210 of the Revised Code. The owner of a manufactured or	24794
mobile home who has elected under division (D)(4) of section	24795
4503.06 of the Revised Code to be taxed under division (D)(2) of	24796
that section for the ensuing year may file the application at the	24797
time of making that election. The application shall contain a	24798
statement that failure by the applicant to affirm on the	24799
application that the dwelling on the property conveyed is the	24800
applicant's homestead prohibits the owner from receiving the	24801
reduction in taxes until a proper application is filed within the	24802
period prescribed by division (A)(3) of this section. Such an	24803
application constitutes a continuing application for a reduction	24804
in taxes for each year in which the dwelling is the applicant's	24805
homestead.	24806

(3) Failure to receive a new application filed under division	24807
(A)(1) or (2) or notification under division (C) of this section	24808
after an application for reduction has been approved is	24809
prima-facie evidence that the original applicant is entitled to	24810
the reduction in taxes calculated on the basis of the information	24811
contained in the original application. The original application	24812
and any subsequent application, including any late application,	24813
shall be in the form of a signed statement and shall be filed	24814
after the first Monday in January and not later than the first	24815
Monday in June. The original application and any subsequent	24816
application for a reduction in real property taxes shall be filed	24817
in the year for which the reduction is sought. The original	24818
application and any subsequent application for a reduction in	24819
manufactured home taxes shall be filed in the year preceding the	24820
year for which the reduction is sought. The statement shall be on	24821
a form, devised and supplied by the tax commissioner, which shall	24822
require no more information than is necessary to establish the	24823
applicant's eligibility for the reduction in taxes and the amount	24824
of the reduction, and, except for homesteads that are units in a	24825
housing cooperative, shall include an affirmation by the applicant	24826
that ownership of the homestead was not acquired from a person,	24827
other than the applicant's spouse, related to the owner by	24828
consanguinity or affinity for the purpose of qualifying for the	24829
real property or manufactured home tax reduction provided for in	24830
division (A) or (B) of section 323.152 of the Revised Code. The	24831
form shall contain a statement that conviction of willfully	24832
falsifying information to obtain a reduction in taxes or failing	24833
to comply with division (C) of this section results in the	24834
revocation of the right to the reduction for a period of three	24835
years. In the case of an application for a reduction in taxes for	24836
persons described in division (A)(2)(c) of section 323.152 of the	24837
Revised Code, the form shall contain a statement that signing the	24838
application constitutes a delegation of authority by the applicant	24839
to the tax commissioner or the county auditor, individually or in	24840
consultation with each other, to examine any tax or financial	24841
records relating to the income of the applicant as stated on the	24842
application for the purpose of determining eligibility for the	24843
exemption or a possible violation of division (D) or (E) of this	24844
section.	24845

(B) A late application for a tax reduction for the year	24846
preceding the year in which an original application is filed, or	24847
for a reduction in manufactured home taxes for the year in which	24848
an original application is filed, may be filed with the original	24849
application. If the county auditor determines the information	24850
contained in the late application is correct, the auditor shall	24851
determine the amount of the reduction in taxes to which the	24852
applicant would have been entitled for the preceding tax year had	24853
the applicant's application been timely filed and approved in that	24854
year.	24855

The amount of such reduction shall be treated by the auditor	24856
as an overpayment of taxes by the applicant and shall be refunded	24857
in the manner prescribed in section 5715.22 of the Revised Code	24858
for making refunds of overpayments. On the first day of July of	24859
each year, the county auditor shall certify the total amount of	24860
the reductions in taxes made in the current year under this	24861
division to the tax commissioner, who shall treat the full amount	24862
thereof as a reduction in taxes for the preceding tax year and	24863
shall make reimbursement to the county therefor in the manner	24864
prescribed by section 323.156 of the Revised Code, from money	24865
appropriated for that purpose.	24866

(C)(1) If, in any year after an application has been filed	24867
under division (A)(1) or (2) of this section, the owner does not	24868
qualify for a reduction in taxes on the homestead or on the	24869
manufactured or mobile home set forth on such application, the	24870
owner shall notify the county auditor that the owner is not	24871
qualified for a reduction in taxes.	24872

(2) If, in any year after an application has been filed under	24873
division (A)(1) of this section, the occupant of a homestead in a	24874
housing cooperative does not qualify for a reduction in taxes on	24875
the homestead, the occupant shall notify the county auditor that	24876
the occupant is not qualified for a reduction in taxes or file a	24877
new application under division (A)(1) of this section.	24878

(3) If the county auditor or county treasurer discovers that	24879
the owner of property not entitled to the reduction in taxes under	24880
division (B) of section 323.152 of the Revised Code failed to	24881
notify the county auditor as required by division (C)(1) of this	24882
section, a charge shall be imposed against the property in the	24883
amount by which taxes were reduced under that division for each	24884
tax year the county auditor ascertains that the property was not	24885
entitled to the reduction and was owned by the current owner.	24886
Interest shall accrue in the manner prescribed by division (B) of	24887
section 323.121 or division (G)(2) of section 4503.06 of the	24888
Revised Code on the amount by which taxes were reduced for each	24889
such tax year as if the reduction became delinquent taxes at the	24890
close of the last day the second installment of taxes for that tax	24891
year could be paid without penalty. The county auditor shall	24892
notify the owner, by ordinary mail, of the charge, of the owner's	24893
right to appeal the charge, and of the manner in which the owner	24894
may appeal. The owner may appeal the imposition of the charge and	24895
interest by filing an appeal with the county board of revision not	24896
later than the last day prescribed for payment of real and public	24897
utility property taxes under section 323.12 of the Revised Code	24898
following receipt of the notice and occurring at least ninety days	24899
after receipt of the notice. The appeal shall be treated in the	24900
same manner as a complaint relating to the valuation or assessment	24901
of real property under Chapter 5715. of the Revised Code. The	24902
charge and any interest shall be collected as other delinquent	24903
taxes.	24904

(4) Each year during January, the county auditor shall	24905
furnish by ordinary mail a continuing application to each person	24906
receiving a reduction under division (A) of section 323.152 of the	24907
Revised Code. The continuing application shall be used to report	24908
changes in total income, ownership, occupancy, disability, and	24909
other information earlier furnished the auditor relative to the	24910
reduction in taxes on the property. The continuing application	24911
shall be returned to the auditor not later than the first Monday	24912
in June; provided, that if such changes do not affect the status	24913
of the homestead exemption or the amount of the reduction to which	24914
the owner is entitled under division (A) of section 323.152 of the	24915
Revised Code or to which the occupant is entitled under section	24916
323.159 of the Revised Code, the application does not need to be	24917
returned.	24918

(5) Each year during February, the county auditor, except as	24919
otherwise provided in this paragraph, shall furnish by ordinary	24920
mail an original application to the owner, as of the first day of	24921
January of that year, of a homestead or a manufactured or mobile	24922
home that transferred during the preceding calendar year and that	24923
qualified for and received a reduction in taxes under division (B)	24924
of section 323.152 of the Revised Code for the preceding tax year.	24925
In order to receive the reduction under that division, the owner	24926
shall file the application with the county auditor not later than	24927
the first Monday in June. If the application is not timely filed,	24928
the auditor shall not grant a reduction in taxes for the homestead	24929
for the current year, and shall notify the owner that the	24930
reduction in taxes has not been granted, in the same manner	24931
prescribed under section 323.154 of the Revised Code for	24932
notification of denial of an application. Failure of an owner to	24933
receive an application does not excuse the failure of the owner to	24934
file an original application. The county auditor is not required	24935
to furnish an application under this paragraph for any homestead	24936
for which application has previously been made on a form	24937
incorporated into any form used by the county auditor to	24938
administer the tax law in respect to the conveyance of real	24939
property or of used manufactured homes or used mobile homes, and	24940
an owner who previously has applied on such a form is not required	24941
to return an application furnished under this paragraph.	24942

(D) No person shall knowingly make a false statement for the	24943
purpose of obtaining a reduction in the person's real property or	24944
manufactured home taxes under section 323.152 of the Revised Code.	24945

(E) No person shall knowingly fail to notify the county	24946
auditor of changes required by division (C) of this section that	24947
have the effect of maintaining or securing a reduction in taxes	24948
under section 323.152 of the Revised Code.	24949

(F) No person shall knowingly make a false statement or	24950
certification attesting to any person's physical or mental	24951
condition for purposes of qualifying such person for tax relief	24952
pursuant to sections 323.151 to 323.159 of the Revised Code.	24953

Sec. 329.04. (A) The county department of job and family	24954
services shall have, exercise, and perform the following powers	24955
and duties:	24956

(1) Perform any duties assigned by the state department of	24957
job and family services or department of medicaid regarding the	24958
provision of public family services, including the provision of	24959
the following services to prevent or reduce economic or personal	24960
dependency and to strengthen family life:	24961

(a) Services authorized by a Title IV-A program, as defined	24962
in section 5101.80 of the Revised Code;	24963

(b) Social services authorized by Title XX of the "Social	24964
Security Act" and provided for by section 5101.46 or 5101.461 of	24965
the Revised Code;	24966

(c) If the county department is designated as the child	24967
support enforcement agency, services authorized by Title IV-D of	24968
the "Social Security Act" and provided for by Chapter 3125. of the	24969
Revised Code. The county department may perform the services	24970
itself or contract with other government entities, and, pursuant	24971
to division (C) of section 2301.35 and section 2301.42 of the	24972
Revised Code, private entities, to perform the Title IV-D	24973
services.	24974

(d) Duties assigned under section ~~5111.98~~5162.031 of the	24975
Revised Code.	24976

(2) Administer disability financial assistance, as required	24977
by the state department of job and family services under section	24978
5115.03 of the Revised Code;	24979

(3) Administer burials insofar as the administration of	24980
burials was, prior to September 12, 1947, imposed upon the board	24981
of county commissioners and if otherwise required by state law;	24982

(4) Cooperate with state and federal authorities in any	24983
matter relating to family services and to act as the agent of such	24984
authorities;	24985

(5) Submit an annual account of its work and expenses to the	24986
board of county commissioners and to the state department of job	24987
and family services and department of medicaid at the close of	24988
each fiscal year;	24989

(6) Exercise any powers and duties relating to family	24990
services duties or workforce development activities imposed upon	24991
the county department of job and family services by law, by	24992
resolution of the board of county commissioners, or by order of	24993
the governor, when authorized by law, to meet emergencies during	24994
war or peace;	24995

(7) ~~Determine the eligibility for medical assistance of~~	24996
~~recipients of aid under Title XVI of the "Social Security Act";~~	24997

~~(8) If assigned by the state director of job and family~~	24998
~~services under section 5101.515 or 5101.525 of the Revised Code,~~	24999
~~determine applicants' eligibility for health assistance under the~~	25000
~~children's health insurance program part II or part III;~~	25001

~~(9)~~ Enter into a plan of cooperation with the board of county	25002
commissioners under section 307.983, consult with the board in the	25003
development of the transportation work plan developed under	25004
section 307.985, establish with the board procedures under section	25005
307.986 for providing services to children whose families relocate	25006
frequently, and comply with the contracts the board enters into	25007
under sections 307.981 and 307.982 of the Revised Code that affect	25008
the county department;	25009

~~(10)~~(8) For the purpose of complying with a grant agreement	25010
the board of county commissioners enters into under sections	25011
307.98 and 5101.21 of the Revised Code, exercise the powers and	25012
perform the duties the grant agreement assigns to the county	25013
department;	25014

~~(11)~~(9) If the county department is designated as the	25015
workforce development agency, provide the workforce development	25016
activities specified in the contract required by section 330.05 of	25017
the Revised Code.	25018

(B) The powers and duties of a county department of job and	25019
family services are, and shall be exercised and performed, under	25020
the control and direction of the board of county commissioners.	25021
The board may assign to the county department any power or duty of	25022
the board regarding family services duties and workforce	25023
development activities. If the new power or duty necessitates the	25024
state department of job and family services or department of	25025
medicaid changing its federal cost allocation plan, the county	25026
department may not implement the power or duty unless the United	25027
States department of health and human services approves the	25028
changes.	25029

Sec. 329.051. The county department of job and family	25030
services shall make voter registration applications as prescribed	25031
by the secretary of state under section 3503.10 of the Revised	25032
Code available to persons who are applying for, receiving	25033
assistance from, or participating in any of the following:	25034

(A) The disability financial assistance program established	25035
under Chapter 5115. of the Revised Code;	25036

(B) The ~~medical assistance~~medicaid program ~~established under~~	25037
~~Chapter 5111. of the Revised Code~~;	25038

(C) The Ohio works first program established under Chapter	25039
5107. of the Revised Code;	25040

(D) The prevention, retention, and contingency program	25041
established under Chapter 5108. of the Revised Code.	25042

Sec. 329.06. (A) Except as provided in division (C) of this	25043
section and section 6301.08 of the Revised Code, the board of	25044
county commissioners shall establish a county family services	25045
planning committee. The board shall appoint a member to represent	25046
the county department of job and family services; an employee in	25047
the classified civil service of the county department of job and	25048
family services, if there are any such employees; and a member to	25049
represent the public. The board shall appoint other individuals to	25050
the committee in such a manner that the committee's membership is	25051
broadly representative of the groups of individuals and the public	25052
and private entities that have an interest in the family services	25053
provided in the county. The board shall make appointments in a	25054
manner that reflects the ethnic and racial composition of the	25055
county. The following groups and entities may be represented on	25056
the committee:	25057

(1) Consumers of family services;

25058

(2) The public children services agency;

25059

(3) The child support enforcement agency;

25060

(4) The county family and children first council;

25061

(5) Public and private colleges and universities;

25062

(6) Public entities that provide family services, including	25063
boards of health, boards of education, the county board of	25064
developmental disabilities, and the board of alcohol, drug	25065
addiction, and mental health services that serves the county;	25066

(7) Private nonprofit and for-profit entities that provide	25067
family services in the county or that advocate for consumers of	25068
family services in the county, including entities that provide	25069
services to or advocate for victims of domestic violence;	25070

(8) Labor organizations;

25071

(9) Any other group or entity that has an interest in the	25072
family services provided in the county, including groups or	25073
entities that represent any of the county's business, urban, and	25074
rural sectors.	25075

(B) The county family services planning committee shall do	25076
all of the following:	25077

(1) Serve as an advisory body to the board of county	25078
commissioners with regard to the family services provided in the	25079
county, including assistance under Chapters 5107. and 5108. of the	25080
Revised Code, publicly funded child care under Chapter 5104. of	25081
the Revised Code, and social services provided under section	25082
5101.46 of the Revised Code;	25083

(2) At least once a year, review and analyze the county	25084
department of job and family services' implementation of the	25085
programs established under Chapters 5107. and 5108. of the Revised	25086
Code. In its review, the committee shall use information available	25087
to it to examine all of the following:	25088

(a) Return of assistance groups to participation in either	25089
program after ceasing to participate;	25090

(b) Teen pregnancy rates among the programs' participants;

25091

(c) The other types of assistance the programs' participants	25092
receive, including medicaid ~~under Chapter 5111. of the Revised~~	25093
~~Code~~, publicly funded child care under Chapter 5104. of the	25094
Revised Code, supplemental nutrition assistance program benefits	25095
under section 5101.54 of the Revised Code, and energy assistance	25096
under Chapter 5117. of the Revised Code;	25097

(d) Other issues the committee considers appropriate.

25098

The committee shall make recommendations to the board of	25099
county commissioners and county department of job and family	25100
services regarding the committee's findings.	25101

(3) Conduct public hearings on proposed county profiles for	25102
the provision of social services under section 5101.46 of the	25103
Revised Code;	25104

(4) At the request of the board, make recommendations and	25105
provide assistance regarding the family services provided in the	25106
county;	25107

(5) At any other time the committee considers appropriate,	25108
consult with the board and make recommendations regarding the	25109
family services provided in the county. The committee's	25110
recommendations may address the following:	25111

(a) Implementation and administration of family service	25112
programs;	25113

(b) Use of federal, state, and local funds available for	25114
family service programs;	25115

(c) Establishment of goals to be achieved by family service	25116
programs;	25117

(d) Evaluation of the outcomes of family service programs;

25118

(e) Any other matter the board considers relevant to the	25119
provision of family services.	25120

(C) If there is a committee in existence in a county on	25121
October 1, 1997, that the board of county commissioners determines	25122
is capable of fulfilling the responsibilities of a county family	25123
services planning committee, the board may designate the committee	25124
as the county's family services planning committee and the	25125
committee shall serve in that capacity.	25126

Sec. 329.14. (A) An individual whose household income does	25127
not exceed two hundred per cent of the federal poverty line is	25128
eligible to participate in an individual development account	25129
program established by the county department of job and family	25130
services of the county in which the individual resides. An	25131
eligible individual seeking to be a participant in the program	25132
shall enter into an agreement with the fiduciary organization	25133
administering the program. The agreement shall specify the terms	25134
and conditions of uses of funds deposited, financial documentation	25135
required to be maintained by the participant, expectations and	25136
responsibilities of the participant, and services to be provided	25137
by the fiduciary organization.	25138

(B) A participant may deposit earned income, as defined in 26	25139
U.S.C. 911(d)(2), as amended, into the account. The fiduciary	25140
organization may deposit into the account an amount not exceeding	25141
four times the amount deposited by the participant except that a	25142
fiduciary organization may not, pursuant to an agreement with an	25143
employer, deposit an amount into an account held by a participant	25144
who is employed by the employer. An account may have no more than	25145
ten thousand dollars in it at any time.	25146

(C) Notwithstanding eligibility requirements established in	25147
or pursuant to Chapter 5107.,or 5108.~~, or 5111.~~ of the Revised	25148
Code, to the extent permitted by federal statutes and regulations,	25149
money in an individual development account, including interest, is	25150
exempt from consideration in determining whether the participant	25151
or a member of the participant's assistance group is eligible for	25152
assistance under Chapter 5107.,or 5108.~~, or 5111.~~ of the Revised	25153
Code and the amount of assistance the participant or assistance	25154
group is eligible to receive.	25155

(D)(1) Except as provided in division (D)(2) of this section,	25156
an individual development account program participant may use	25157
money in the account only for the following purposes:	25158

(a) Postsecondary educational expenses paid directly from the	25159
account to an eligible education institution or vendor;	25160

(b) Qualified acquisition expenses of a principal residence,	25161
as defined in 26 U.S.C. 1034, as amended, paid directly from the	25162
account to the person or government entity to which the expenses	25163
are due;	25164

(c) Qualified business capitalization expenses made in	25165
accordance with a qualified business plan that has been approved	25166
by a financial institution or by a nonprofit microenterprise	25167
program having demonstrated business expertise and paid directly	25168
from the account to the person to whom the expenses are due.	25169

(2) A fiduciary organization shall permit a participant to	25170
withdraw money deposited by the participant if it is needed to	25171
deal with a personal emergency of the participant or a member of	25172
the participant's family or household. Withdrawal shall result in	25173
the loss of any matching funds in an amount equal to the amount of	25174
the withdrawal.	25175

(3) Regardless of the reason for the withdrawal, a withdrawal	25176
from an individual development account may be made only with the	25177
approval of the fiduciary organization.	25178

Sec. 333.01. As used in this chapter:

25179

(A) "County sales and use tax" means the tax levied by a	25180
county under division (A) of section 5739.021 or division (A) of	25181
section 5741.021 of the Revised Code that is returned or	25182
distributed to the county under section 5739.21 or 5741.03 of the	25183
Revised Code.	25184

(B) "Impact facility" means a permanent structure, including	25185
all interior or exterior square footage used for educational or	25186
exhibition activities, that meets all of the following criteria:	25187

(1) It is used for the sale of tangible personal property or	25188
services;	25189

(2) At least ten per cent of the facility's total square	25190
footage is dedicated to educational or exhibition activities;	25191

(3) At least ~~fifty~~thirty million dollars is invested in	25192
land, buildings, infrastructure, and equipment for the facility at	25193
the site of the facility over a period of not more than two years;	25194

(4) An annualized average of at least one hundred fifty new	25195
full-time equivalent positions will be created and maintained at	25196
the facility;	25197

(5) More than fifty per cent of the visitors to the facility	25198
are reasonably anticipated to live at least ~~one hundred~~fifty	25199
miles from the facility.	25200

(C) "Qualifying investment" means a person's investment in	25201
land, buildings, infrastructure, and equipment for creating an	25202
impact facility.	25203

(D) "Full-time equivalent positions" means the total number	25204
of hours worked at a facility in a work week, divided by forty	25205
hours per week.	25206

Sec. 333.02. Before June 1, ~~2007~~2015, a board of county	25207
commissioners of a county that levies a county sales and use tax	25208
may enter into an agreement with any person that proposes to	25209
construct an impact facility in the county to provide payments to	25210
that person of up to seventy-five per cent of the county sales and	25211
use tax collected on each retail sale made by that person at the	25212
facility, for a term of up to ten years, or until the person's	25213
qualifying investment in the impact facility has been realized	25214
through the payments, whichever occurs first.	25215

Sec. 333.03. (A) A person seeking to enter into an agreement	25216
and obtain payments under section 333.02 of the Revised Code shall	25217
provide both of the following to the board of county	25218
commissioners:	25219

(1) A certification by the person's chief financial officer,	25220
or the equivalent if that position does not exist, that the	25221
criteria listed in division (B) of section 333.01 of the Revised	25222
Code will be met; and	25223

(2) An application on a form or in a format acceptable to the	25224
board that describes the proposed impact facility, including the	25225
projected level of investment in and new jobs to be created at the	25226
facility, the rationale used for determining that more than fifty	25227
per cent of the facility's visitors live at least ~~one hundred~~	25228
fifty miles from the facility, the types of activities to be	25229
conducted at the facility, the projected levels of sales to occur	25230
at the facility, a calculation of the facility's square footage	25231
that will be dedicated to educational or exhibition activities,	25232
and any other information the board of county commissioners	25233
reasonably requests about the expected operations of the facility.	25234

(B) The board of county commissioners shall request the	25235
director of development services to certify that the proposed	25236
facility meets the criteria for an impact facility listed in	25237
division (B) of section 333.01 of the Revised Code. The board of	25238
county commissioners may, but need not, make findings of fact that	25239
a proposed facility meets the criteria for an impact facility	25240
listed in division (B) of section 333.01 of the Revised Code	25241
before or after requesting the certification. If the director of	25242
development services certifies a proposed facility as an impact	25243
facility under this section, and if the board makes such findings,	25244
the findings and certification are conclusive and not subject to	25245
reopening at any time.	25246

Sec. 333.04. (A) After review of the items submitted under	25247
division (A) of section 333.03 of the Revised Code, and after	25248
receipt of the certification from the director of development	25249
services under division (B) of that section, a board of county	25250
commissioners, before June 1, ~~2007~~2015, may enter into an	25251
agreement under section 333.02 of the Revised Code, provided that	25252
the board has determined all of the following:	25253

(1) The proposed impact facility is economically sound;

25254

(2) Construction of the proposed impact facility has not	25255
begun prior to the day the agreement is entered into;	25256

(3) The impact facility will benefit the county by increasing	25257
employment opportunities and strengthening the local and regional	25258
economy; and	25259

(4) Receiving payments from the board of county commissioners	25260
is a major factor in the person's decision to go forward with	25261
construction of the impact facility.	25262

(B) An agreement entered into under this section shall	25263
include all of the following:	25264

(1) A description of the impact facility that is the subject	25265
of the agreement, including the existing investment level, if any,	25266
the proposed amount of investments, the scheduled starting and	25267
completion dates for the facility, and the number and type of	25268
full-time equivalent positions to be created at the facility;	25269

(2) The percentage of the county sales and use tax collected	25270
at the impact facility that will be used to make payments to the	25271
person entering into the agreement;	25272

(3) The term of the payments and the first calendar quarter	25273
in which the person may apply for a payment under section 333.06	25274
of the Revised Code;	25275

(4) A requirement that the amount of payments made to the	25276
person during the term established under division (B)(3) of this	25277
section shall not exceed the person's qualifying investment, and	25278
that all payments cease when that amount is reached;	25279

(5) A requirement that the person maintain operations at the	25280
impact facility for at least the term established under division	25281
(B)(3) of this section;	25282

(6) A requirement that the person annually certify to the	25283
board of county commissioners, on or before a date established by	25284
the board in the agreement, the level of investment in, the number	25285
of employees and type of full-time equivalent positions at, and	25286
the amount of county sales and use tax collected and remitted to	25287
the tax commissioner or treasurer of state from sales made at, the	25288
facility;	25289

(7) A provision stating that the creation of the proposed	25290
impact facility does not involve the relocation of ~~more than ten~~	25291
any full-time equivalent positions ~~and two million dollars in~~	25292
~~taxable assets~~or any tangible personal property to the impact	25293
facility from another facility owned by the person, or a related	25294
member of the person, that is located in another political	25295
subdivision of this state, other than the political subdivision in	25296
which the impact facility is or will be located;	25297

(8) ~~A provision stating that the person will not relocate~~	25298
~~more than ten full-time equivalent positions and two million~~	25299
~~dollars in taxable assets to the impact facility from another~~	25300
~~facility in another political subdivision of this state during the~~	25301
~~term of the payments without the written approval of the director~~	25302
~~of development;~~	25303

~~(9)~~ A detailed explanation of how the person determined that	25304
more than fifty per cent of the visitors to the facility live at	25305
least ~~one hundred~~fifty miles from the facility.	25306

(C) ~~For purposes of this section, the transfer of a full-time~~	25307
~~equivalent position or taxable asset from another political~~	25308
~~subdivision in this state to the political subdivision in which~~	25309
~~the impact facility is or will be located shall be considered a~~	25310
~~relocation, unless the person refills the full-time equivalent~~	25311
~~position, or replaces the taxable asset with an asset of equal or~~	25312
~~greater taxable value, within six months after the transfer. The~~	25313
~~person may not receive a payment under this chapter for any year~~	25314
~~in which more than ten relocations occurred without the written~~	25315
~~consent of the board of county commissioners~~No payment may be	25316
made under this chapter to a person that is found to be in	25317
violation of the provision described in division (B)(7) of this	25318
section.	25319

Sec. 333.05. (A) IfExcept as otherwise provided in this	25320
division, if a person fails to meet or comply with any provision	25321
of an agreement entered into under section 333.02 of the Revised	25322
Code, the board of county commissioners may amend the agreement to	25323
reduce the percentage or term, or both, of the payments the person	25324
is entitled to receive under the agreement. The reduction shall	25325
commence in the calendar quarter immediately following the	25326
calendar quarter in which the board amends the agreement. If a	25327
person fails to comply with the provision described in division	25328
(B)(7) of section 333.04 of the Revised Code, no payments may be	25329
made under this chapter to that person after the person is found	25330
to be in violation.	25331

(B) A board of county commissioners shall submit to the	25332
department of development and to the tax commissioner a copy of	25333
each agreement entered into under section 333.02 of the Revised	25334
Code and any modifications to an agreement within thirty days	25335
after finalization or modification of the agreement.	25336

Sec. 339.02. (A) As used in this section, "area served by	25337
the hospital" means the geographic area, whether or not included	25338
within the county, from which a county hospital regularly draws	25339
patients.	25340

(B) Unless a board of county hospital trustees for the county	25341
is in existence in accordance with this section, such board shall	25342
be created pursuant to this section after the board of county	25343
commissioners first determines by resolution to establish a county	25344
hospital. Copies of such resolution shall be certified to the	25345
probate judge of the county senior in point of service and to the	25346
judge, other than a probate judge, of the court of common pleas of	25347
the county senior in point of service. The board of county	25348
commissioners together with the probate judge of the county senior	25349
in point of service and the judge of the court of common pleas of	25350
the county senior in point of service shall, within ten days after	25351
such certification, appoint a board of county hospital trustees.	25352

(C) In making appointments to a board of county hospital	25353
trustees, ~~all~~both of the following apply with respect to the	25354
individuals who may be appointed:	25355

(1) Members shall be electors and representative of the area	25356
served by the hospital, except that not more than two members may	25357
be electors of the area served by the hospital that is outside the	25358
county in which the hospital is located.	25359

(2) ~~In no case shall more than one-half of the members be~~	25360
~~independents or be members of any one political party.~~	25361

~~(3)~~ A physician may serve as a member, including a physician	25362
who is authorized to admit and treat patients at the hospital,	25363
except as follows:	25364

(a) Not more than two physicians may serve as members at the	25365
same time;	25366

(b) No physician who is employed by the hospital may serve as	25367
a member.	25368

(D) A board of county hospital trustees shall be composed of	25369
six members, unless the board of county commissioners determines	25370
that the board of trustees can more effectively function with	25371
eight or ten members in which case there may be eight or ten	25372
members, as designated by the board of county commissioners.	25373

(E) With respect to the initial appointment of members to a	25374
board of county hospital trustees, all of the following apply:	25375

(1) When the board is composed of six members, their terms of	25376
office shall be one for one year, one for two years, one for three	25377
years, one for four years, one for five years, and one for six	25378
years from the first Monday of March thereafter.	25379

(2) When the board is composed of eight members, their terms	25380
of office shall be one for one year, one for two years, two for	25381
three years, one for four years, one for five years, and two for	25382
six years from the first Monday of March thereafter.	25383

(3) When the board is composed of ten members, their terms of	25384
office shall be two for one year, one for two years, two for three	25385
years, two for four years, one for five years, and two for six	25386
years from the first Monday of March thereafter.	25387

(F) Except as provided in division (G)(2) of this section,	25388
all of the following apply with respect to vacancies on a board of	25389
county hospital trustees:	25390

(1) Annually, on the first Monday of March, the board of	25391
county commissioners together with the probate judge of the county	25392
senior in point of service and the judge of the court of common	25393
pleas of the county senior in point of service shall appoint or	25394
reappoint for a term of six years a sufficient number of members	25395
to replace those members whose terms have expired.	25396

(2) The appointing authority shall fill a vacancy not later	25397
than six months after the vacancy occurs. If the vacancy remains	25398
unfilled on that date, the remaining members of the board, by	25399
majority vote, shall appoint an individual to fill the vacancy.	25400

(3) The appointing authority may fill a vacancy by seeking	25401
nominations from a selection committee consisting of one county	25402
commissioner designated by the board of county commissioners, the	25403
chair of the board of county hospital trustees, and the county	25404
hospital administrator. If nominations for filling a vacancy are	25405
sought from a selection committee, the committee shall nominate at	25406
least three individuals for the vacancy. The appointing authority	25407
may fill the vacancy by appointing one of the nominated	25408
individuals or by appointing another individual selected by the	25409
appointing authority.	25410

(4) Any member appointed to fill a vacancy occurring prior to	25411
the expiration date of the term for which the member's predecessor	25412
was appointed shall hold office as a member for the remainder of	25413
that term.	25414

(G)(1) The board of county commissioners together with the	25415
probate judge senior in point of service and the judge of the	25416
court of common pleas senior in point of service in any county in	25417
which a board of county hospital trustees has been appointed may	25418
expand the number of members to eight or to ten. When the number	25419
of members is increased to eight, one shall be appointed for a	25420
three-year and one for a six-year term from the first Monday of	25421
March thereafter. When the number of members is increased from six	25422
to ten, the term for additional members shall be: one for one	25423
year, one for three years, one for four years, and one for six	25424
years from the first Monday of March thereafter. When the number	25425
of members is increased from eight to ten, the term for additional	25426
members shall be: one for one year and one for four years from the	25427
first Monday of March thereafter. Thereafter except as provided in	25428
division (G)(2) of this section, upon the expiration of the term	25429
of office of each member, the vacancy shall be filled in the	25430
manner specified in division (F) of this section.	25431

(2) The board of county commissioners together with the	25432
probate judge senior in point of service and the judge of the	25433
court of common pleas senior in point of service may reduce the	25434
number of members of a board of county hospital trustees to eight	25435
or to six. The reduction shall occur on expiration of a member's	25436
term of office, at which time no appointment shall be made. While	25437
the board of county commissioners and the judges are in the	25438
process of reducing the number of members, the board of county	25439
hospital trustees may consist of nine or seven members for one	25440
year.	25441

(H) Any member of a board of county hospital trustees may be	25442
removed from office by the appointing authority for neglect of	25443
duty, misconduct, or malfeasance in office. The member shall be	25444
informed in writing of the charges and afforded an opportunity for	25445
a hearing before the appointing authority. The appointing	25446
authority shall not remove a member from office for political	25447
reasons.	25448

(I) The board of county commissioners may provide members of	25449
a board of county hospital trustees ~~shall~~a stipend for their	25450
service or require the members to serve without compensation~~, but~~.	25451
The members shall be allowed their necessary and reasonable	25452
expenses incurred in the performance of their duties, including	25453
the cost of their participation in any continuing education	25454
programs or developmental programs that the members consider	25455
necessary. Allowable stipends and expenses shall be paid out of	25456
the funds provided for the county hospital.	25457

(J) The persons selected to be members of a board of county	25458
hospital trustees shall forthwith be notified, by mail, of their	25459
appointment. When a board is initially appointed, the notice shall	25460
state a time, not more than ten days later, when such board shall	25461
meet at the county seat of such county to organize. On the date	25462
stated, the board shall meet and organize.	25463

(K) A board of county hospital trustees shall organize by	25464
electing one of its number as chairperson and such other officers	25465
as specified in the board's rules. Four members of a six-member	25466
board constitute a quorum, five members constitute a quorum of an	25467
eight-member board, and six members constitute a quorum of a	25468
ten-member board.	25469

A board of county hospital trustees shall hold meetings at	25470
least ~~once a month~~quarterly, shall adopt necessary rules of	25471
procedure, and shall keep a record of its proceedings and a strict	25472
account of all its receipts, disbursements, and expenditures. On	25473
completion of the construction and equipping of a county hospital,	25474
the board shall file such account with the board of county	25475
commissioners and make final settlement with the board of county	25476
commissioners for the construction and equipping of the hospital.	25477

Sec. 339.05. (A) A board of county hospital trustees may	25478
adopt, annually, bidding procedures and purchasing or leasing	25479
policies ~~for services~~ provided through a joint purchasing	25480
arrangement sponsored by a nonprofit organization, ~~and~~ for	25481
services, supplies, and equipment, that are routinely used in the	25482
operation of the hospital and that cost in excess of the amount	25483
specified in section 307.86 of the Revised Code as the amount	25484
above which purchases must be competitively bid. If a board of	25485
county hospital trustees adopts those policies and procedures, and	25486
if the board of county commissioners approves them, the board of	25487
county hospital trustees may follow those policies and procedures	25488
in lieu of following the competitive bidding procedures of	25489
sections 307.86 to 307.92 of the Revised Code.	25490

(B) Notwithstanding section 307.86 of the Revised Code, the	25491
board of county hospital trustees is exempt from competitive	25492
bidding as required under that section if the board, by a	25493
unanimous vote of its members, makes a determination that a real	25494
and present emergency exists, and either of the following applies:	25495

(1) The estimated cost is less than one hundred thousand	25496
dollars.	25497

(2) There is actual physical damage to structures or	25498
equipment.	25499

The board shall enter the determination of emergency and the	25500
reasons for it in the minutes of its proceedings.	25501

For purposes of this section, a vote is unanimous if all	25502
members of a board of county hospital trustees are present, or a	25503
lesser number of members of the board if not all members are	25504
present, provided that the number of members present constitutes a	25505
quorum.	25506

Whenever a contract of purchase, lease, or construction is	25507
exempted from competitive bidding because the estimated cost is	25508
less than one hundred thousand dollars, but the estimated cost is	25509
fifty thousand dollars or more, the board shall solicit informal	25510
estimates from not fewer than three persons who could perform the	25511
contract, before awarding the contract. With regard to each such	25512
contract, the board shall maintain a record of the informal	25513
estimates, including the name of each person from whom an informal	25514
estimate was solicited. The board shall maintain the record for	25515
the longer of at least one year after the contract is awarded or	25516
an amount of time required by the federal government.	25517

Sec. 339.06. (A) The board of county hospital trustees, upon	25518
completion of construction or leasing and equipping of a county	25519
hospital, shall assume and continue the operation of the hospital.	25520

(B) The board of county hospital trustees shall have the	25521
entire management and control of the county hospital. The board	25522
may in writing delegate its management and control of the county	25523
hospital to the administrator of the county hospital employed	25524
under section 339.07 of the Revised Code. The board shall	25525
establish such rules for the hospital's government, management,	25526
control, and the admission of persons as are expedient.	25527

(C) The board of county hospital trustees has control of the	25528
property of the county hospital, including management and disposal	25529
of surplus property other than real estate or an interest in real	25530
estate.	25531

(D) With respect to the use of funds by the board of county	25532
hospital trustees and its accounting for the use of funds, all of	25533
the following apply:	25534

(1) The board of county hospital trustees has control of all	25535
funds used in the county hospital's operation, including moneys	25536
received from the operation of the hospital, moneys appropriated	25537
for its operation by the board of county commissioners, and moneys	25538
resulting from special levies submitted by the board of county	25539
commissioners as provided for in section 5705.22 of the Revised	25540
Code.	25541

(2) Of the funds used in the county hospital's operation, all	25542
or part of any amount determined not to be necessary to meet	25543
current demands on the hospital may be invested by the board of	25544
county hospital trustees or its designee in any classifications of	25545
securities and obligations eligible for deposit or investment of	25546
county moneys pursuant to section 135.35 of the Revised Code,	25547
subject to the approval of the board's written investment policy	25548
by the county investment advisory committee established pursuant	25549
to section 135.341 of the Revised Code.	25550

(3) Annually, not later than sixty days before the end of the	25551
fiscal year used by the county hospital, the board of county	25552
hospital trustees shall submit its proposed budget for the ensuing	25553
fiscal year to the board of county commissioners for that board's	25554
review. The board of county commissioners shall review and approve	25555
the proposed budget by the first day of the fiscal year to which	25556
the budget applies. If the board of county commissioners has not	25557
approved the budget by the first day of the fiscal year to which	25558
the budget applies, the budget is deemed to have been approved by	25559
the board on the first day of that fiscal year.	25560

(4) The board of county hospital trustees shall not expend	25561
funds received from taxes collected pursuant to any tax levied	25562
under section 5705.22 of the Revised Code or the amount	25563
appropriated to the county hospital by the board of county	25564
commissioners in the annual appropriation measure for the county	25565
until its budget for the applicable fiscal year is approved in	25566
accordance with division (C)(3) of this section. At any time the	25567
amount received from those sources differs from the amount shown	25568
in the approved budget, the board of county commissioners may	25569
require the board of county hospital trustees to revise the county	25570
hospital budget accordingly.	25571

(5) Funds under the control of the board of county hospital	25572
trustees may be disbursed by the board, consistent with the	25573
approved budget, for the uses and purposes of the county hospital;	25574
for the replacement of necessary equipment; for the acquisition,	25575
leasing, or construction of permanent improvements to county	25576
hospital property; or for making a donation authorized by division	25577
(E) of this section. Each disbursement of funds shall be made on a	25578
voucher signed by signatories designated and approved by the board	25579
of county hospital trustees.	25580

(6) The head of a board of county hospital trustees is not	25581
required to file an estimate of contemplated revenue and	25582
expenditures for the ensuing fiscal year under section 5705.28 of	25583
the Revised Code unless the board of county commissioners levies a	25584
tax for the county hospital, or such a tax is proposed, or the	25585
board of county hospital trustees desires that the board of county	25586
commissioners make an appropriation to the county hospital for the	25587
ensuing fiscal year.	25588

(7) All moneys appropriated by the board of county	25589
commissioners or from special levies by the board of county	25590
commissioners for the operation of the hospital, when collected	25591
shall be paid to the board of county hospital trustees on a	25592
warrant of the county auditor and approved by the board of county	25593
commissioners.	25594

(8) The board of county hospital trustees shall provide for	25595
the conduct of an annual financial audit of the county hospital.	25596
Not later than thirty days after it receives the final report of	25597
an annual financial audit, the board shall file a copy of the	25598
report with the board of county commissioners.	25599

(E) For the public purpose of improving the health, safety,	25600
and general welfare of the community, the board of county hospital	25601
trustees may donate to a nonprofit entity any of the following:	25602

(1) Moneys and other financial assets determined not to be	25603
necessary to meet current demands on the hospital;	25604

(2) Surplus hospital property, including supplies, equipment,	25605
office facilities, and other property that is not real estate or	25606
an interest in real estate;	25607

(3) Services rendered by the hospital.

25608

(F)(1) For purposes of division (F)(2) of this section:

25609

(a) "Bank" has the same meaning as in section 1101.01 of the	25610
Revised Code.	25611

(b) "Savings and loan association" has the same meaning as in	25612
section 1151.01 of the Revised Code.	25613

(c) "Savings bank" has the same meaning as in section 1161.01	25614
of the Revised Code.	25615

(2) The board of county hospital trustees may enter into a	25616
contract for a secured line of credit with a bank, savings and	25617
loan association, or savings bank if the contract meets all of the	25618
following requirements:	25619

(a) The term of the contract does not exceed one year, except	25620
that the contract may provide for the automatic renewal of the	25621
contract for up to four additional one-year periods if, on the	25622
date of automatic renewal, the aggregate outstanding draws	25623
remaining unpaid under the secured line of credit do not exceed	25624
fifty per cent of the maximum amount that can be drawn under the	25625
secured line of credit.	25626

(b) The contract provides that the bank, savings and loan	25627
association, or savings bank shall not commence a civil action	25628
against the board of county commissioners, any member of the	25629
board, or the county to recover the principal, interest, or any	25630
charges or other amounts that remain outstanding on the secured	25631
line of credit at the time of any default by the board of county	25632
hospital trustees.	25633

(c) The contract provides that no assets other than those of	25634
the county hospital can be used to secure the line of credit.	25635

(d) The terms and conditions of the contract comply with all	25636
state and federal statutes and rules governing the extension of a	25637
secured line of credit.	25638

(3) Any obligation incurred by a board of county hospital	25639
trustees under division (F)(2) of this section is an obligation of	25640
that board only and not a general obligation of the board of	25641
county commissioners or the county within the meaning of division	25642
(Q) of section 133.01 of the Revised Code.	25643

(4) Notwithstanding anything to the contrary in the Revised	25644
Code, the board of county hospital trustees may secure the line of	25645
credit authorized under division (F)(2) of this section by the	25646
grant of a security interest in any part or all of its tangible	25647
personal property and intangible personal property, including its	25648
deposit accounts, accounts receivable, or both.	25649

(5) No board of county hospital trustees shall at any time	25650
have more than one secured line of credit under division (F)(2) of	25651
this section.	25652

(G) The board of county hospital trustees shall establish a	25653
schedule of charges for all services and treatment rendered by the	25654
county hospital. It may provide for the free treatment in the	25655
hospital of soldiers, sailors, and marines of the county, under	25656
such conditions and rules as it prescribes.	25657

(H) The board of county hospital trustees may designate the	25658
amounts and forms of insurance protection to be provided, and the	25659
board of county commissioners shall assist in obtaining such	25660
protection. The expense of providing the protection shall be paid	25661
from hospital operating funds.	25662

(I) The board of county hospital trustees may authorize a	25663
county hospital and each of its units, hospital board members,	25664
designated hospital employees, and medical staff members to be a	25665
member of and maintain membership in any local, state, or national	25666
group or association organized and operated for the promotion of	25667
the public health and welfare or advancement of the efficiency of	25668
hospital administration and in connection therewith to use tax	25669
funds for the payment of dues and fees and related expenses but	25670
nothing in this section prohibits the board from using receipts	25671
from hospital operation, other than tax funds, for the payment of	25672
such dues and fees.	25673

(J) The following apply to the board of county hospital	25674
trustees in relation to its employees and the employees of the	25675
county hospital:	25676

(1) The board shall adopt the wage and salary schedule for	25677
employees.	25678

(2) The board may employ the hospital's administrator	25679
pursuant to section 339.07 of the Revised Code, and the	25680
administrator may employ individuals for the hospital in	25681
accordance with that section.	25682

(3) The board may employ assistants as necessary to perform	25683
its clerical work, superintend properly the construction of the	25684
county hospital, and pay the hospital's expenses. Such employees	25685
may be paid from funds provided for the county hospital.	25686

(4) The board may hire, by contract or as salaried employees,	25687
such management consultants, accountants, attorneys, engineers,	25688
architects, construction managers, and other professional advisors	25689
as it determines are necessary and desirable to assist in the	25690
management of the programs and operation of the county hospital.	25691
Such professional advisors may be paid from county hospital	25692
operating funds.	25693

(5) Notwithstanding section 325.19 of the Revised Code, the	25694
board may grant to employees any fringe benefits the board	25695
determines to be customary and usual in the nonprofit hospital	25696
field in its community, including, but not limited to:	25697

(a) Additional vacation leave with full pay for full-time	25698
employees, including full-time hourly rate employees, after	25699
service of one year;	25700

(b) Vacation leave and holiday pay for part-time employees on	25701
a pro rata basis;	25702

(c) Leave with full pay due to death in the employee's	25703
immediate family, which shall not be deducted from the employee's	25704
accumulated sick leave;	25705

(d) Premium pay for working on holidays listed in section	25706
325.19 of the Revised Code;	25707

(e) Moving expenses for new employees;

25708

(f) Discounts on hospital supplies and services.

25709

(6) The board may provide holiday leave by observing Martin	25710
Luther King day, Washington-Lincoln day, Columbus day, and	25711
Veterans' day on days other than those specified in section 1.14	25712
of the Revised Code.	25713

(7) The board may grant to employees the insurance benefits	25714
authorized by section 339.16 of the Revised Code.	25715

(8) Notwithstanding section 325.19 of the Revised Code, the	25716
board may grant to employees, including hourly rate employees,	25717
such personal holidays as the board determines to be customary and	25718
usual in the hospital field in its community.	25719

(9) The board may provide employee recognition awards and	25720
hold employee recognition dinners.	25721

(10) The board may grant to employees the recruitment and	25722
retention benefits specified under division (K) of this section.	25723

(K) Notwithstanding sections 325.191 and 325.20 of the	25724
Revised Code, the board of county hospital trustees may provide,	25725
without the prior authorization of the board of county	25726
commissioners, scholarships for education in the health care	25727
professions, tuition reimbursement, and other staff development	25728
programs to enhance the skills of health care professionals for	25729
the purpose of recruiting or retaining qualified employees.	25730

The board of county hospital trustees may pay reasonable	25731
expenses for recruiting or retaining physicians and other	25732
appropriate health care practitioners.	25733

(L) The board of county hospital trustees may retain counsel	25734
and institute legal action in its own name for the collection of	25735
delinquent accounts. The board may also employ any other lawful	25736
means for the collection of delinquent accounts.	25737

Sec. 339.07. (A) The board of county hospital trustees shall	25738
provide for the administration of the county hospital by directly	25739
employing a hospital administrator or by entering into a contract	25740
for the management of the hospital under which an administrator is	25741
provided. When an administrator is employed directly, the board	25742
shall adopt a job description delineating the administrator's	25743
powers and duties and the board may pay the administrator's salary	25744
and other benefits from funds provided for the hospital.	25745

(B) During the construction and equipping of the hospital,	25746
the administrator shall act in an advisory capacity to the board	25747
of county hospital trustees. After the hospital is completed, the	25748
administrator shall serve as the chief executive officer and shall	25749
carry out the administration of the county hospital according to	25750
the policies set forth by the board and any written delegation.	25751

The administrator shall administer the county hospital, make	25752
reports, and take any other action that the administrator	25753
determines is necessary for the operation of the hospital.	25754

At the end of each fiscal year, the administrator shall	25755
submit to the board a complete financial statement showing the	25756
receipts, revenues, and expenditures in detail for the entire	25757
fiscal year.	25758

The administrator shall ensure that the hospital has such	25759
physicians, nurses, and other employees as are necessary for the	25760
proper care, control, and management of the county hospital and	25761
its patients. The physicians, nurses, and other employees may be	25762
suspended or removed by the administrator at any time the welfare	25763
of the hospital warrants suspension or removal. The administrator	25764
may obtain physicians, nurses, and other employees by direct	25765
employment, entering into contracts, or granting authority to	25766
practice in the hospital. Persons employed directly shall be in	25767
the unclassified civil service, pursuant to section 124.11 of the	25768
Revised Code.	25769

Sec. 340.01. (A) As used in this chapter, "addiction,"	25770
"addiction services," "alcohol and drug addiction services," ~~and~~	25771
"community addiction services provider," "community mental health	25772
services provider," "~~alcohol and drug addiction programs~~gambling	25773
addiction services," "mental health services," and "mental	25774
illness" have the same meanings as in section ~~3793.01~~5119.01 of	25775
the Revised Code.	25776

(B) An alcohol, drug addiction, and mental health service	25777
district shall be established in any county or combination of	25778
counties having a population of at least fifty thousand to provide	25779
~~alcohol and drug~~ addiction services and mental health services.	25780
With the approval of the ~~directors~~director of ~~mental health and~~	25781
~~alcohol and drug addiction services~~mental health and addiction	25782
services, any county or combination of counties having a	25783
population of less than fifty thousand may establish such a	25784
district. Districts comprising more than one county shall be known	25785
as joint-county districts.	25786

The board of county commissioners of any county participating	25787
in a joint-county district may submit a resolution requesting	25788
withdrawal from the district together with a comprehensive plan or	25789
plans that are in compliance with rules adopted by the director of	25790
~~mental health~~mental health and addiction services under ~~section~~	25791
~~5119.61~~section 5119.22 of the Revised Code ~~and rules adopted by~~	25792
~~the department of alcohol and drug addiction services under~~	25793
~~section 3793.05 of the Revised Code~~, and that provide for the	25794
equitable adjustment and division of all services, assets,	25795
property, debts, and obligations, if any, of the joint-county	25796
district to the board of alcohol, drug addiction, and mental	25797
health services, to the boards of county commissioners of each	25798
county in the district, and to the directors. No county	25799
participating in a joint-county service district may withdraw from	25800
the district without the consent of the ~~directors~~director of	25801
~~mental health and alcohol and drug addiction services~~mental	25802
health and addiction services nor earlier than one year after the	25803
submission of such resolution unless all of the participating	25804
counties agree to an earlier withdrawal. Any county withdrawing	25805
from a joint-county district shall continue to have levied against	25806
its tax list and duplicate any tax levied by the district during	25807
the period in which the county was a member of the district until	25808
such time as the levy expires or is renewed or replaced.	25809

Sec. 340.011. (A) This chapter shall be interpreted to	25810
accomplish all of the following:	25811

(1) Establish a unified system of treatment for mentally ill	25812
persons and persons with addictions;	25813

(2) Establish a community support system available for every	25814
alcohol, drug addiction, and mental health service district;	25815

(3) Protect the personal liberty of mentally ill persons so	25816
that they may be treated in the least restrictive environment;	25817

(4) Encourage the development of high quality, cost	25818
effective, and comprehensive services, including culturally	25819
sensitive services;	25820

(5) Foster the development of comprehensive community mental	25821
health services, based on recognized local needs, especially for	25822
severely mentally disabled children, adolescents, and adults;	25823

(6) Ensure that services provided meet minimum standards	25824
established by the director of ~~mental health or the department of~~	25825
~~alcohol and drug addiction services~~mental health and addiction	25826
services;	25827

(7) Promote the delivery of high quality and cost-effective	25828
~~alcohol and drug~~ addiction and mental health services;	25829

(8) Promote the participation of ~~consumers of~~persons	25830
receiving mental health services and ~~alcohol and drug~~ addiction	25831
services in the planning, delivery, and evaluation of these	25832
services.	25833

(B) Nothing in Chapter 340., ~~3793.,~~ 5119., or 5122. of the	25834
Revised Code shall be construed as requiring a board of county	25835
commissioners to provide resources beyond the total amount set	25836
forth in a ~~community~~budget and statement of services to be	25837
provided by the alcohol, drug addiction, and mental health ~~plan~~	25838
services board, as developed and submitted under section ~~340.03~~	25839
340.08 of the Revised Code~~, to provide the services listed in~~	25840
~~section 340.09 of the Revised Code, and nothing in those chapters~~	25841
~~shall be construed as requiring a board of county commissioners to~~	25842
~~provide resources beyond the total amount set forth in a plan for~~	25843
~~alcohol and drug addiction services, prepared and submitted in~~	25844
~~accordance with sections 340.033 and 3793.05 of the Revised Code,~~	25845
~~to provide alcohol and drug addiction services~~.	25846

Sec. 340.02. ~~As used in this section, "mental health~~	25847
~~professional" means a person who is qualified to work with~~	25848
~~mentally ill persons, pursuant to standards established by the~~	25849
~~director of mental health under section 5119.611 of the Revised~~	25850
~~Code.~~	25851

(A) For each alcohol, drug addiction, and mental health	25852
service district, there shall be appointed a board of alcohol,	25853
drug addiction, and mental health services consisting of eighteen	25854
members or fourteen members. Should the board of alcohol, drug	25855
addiction, and mental health services elect to remain at eighteen	25856
members, as provided under section 340.02 of the Revised Code as	25857
it existed immediately prior to the date of this amendment, the	25858
board of alcohol, drug addiction, and mental health services and	25859
the board of county commissioners shall not be required to take	25860
any action. Should the board of alcohol, drug addiction, and	25861
mental health services elect a recommendation to become a	25862
fourteen-member board, that recommendation must be approved by the	25863
board of county commissioners of the county in which the alcohol,	25864
drug addiction, and mental health district is located in order for	25865
the transition to a fourteen-member board to occur. Not later than	25866
September 30, 2013, each board of alcohol, drug addiction, and	25867
mental health services wishing to become a fourteen-member board	25868
shall notify the board of county commissioners of that	25869
recommendation. Failure of the board of county commissioners to	25870
take action within thirty days after receipt of the recommendation	25871
shall be deemed agreement by the board of county commissioners to	25872
transition to a fourteen-member board of alcohol, drug addiction,	25873
and mental health services. Should the board of county	25874
commissioners reject the recommendation, the board of county	25875
commissioners shall adopt a resolution stating that rejection	25876
within thirty days after receipt of the recommendation. Upon	25877
adoption of the resolution, the board of county commissioners	25878
shall meet with the board of alcohol, drug addiction, and mental	25879
health services to discuss the matter. After the meeting, the	25880
board of county commissioners shall notify the department of	25881
mental health and addiction services of its election not later	25882
than January 1, 2014. In a joint-county district, a majority of	25883
the boards of county commissioners must not reject the	25884
recommendation of a joint-county board to become a fourteen-member	25885
board in order for the transition to a fourteen-member board to	25886
occur. Should the joint-county district have an even number of	25887
counties, and the boards of county commissioners of these counties	25888
tie in terms of whether or not to accept the recommendation of the	25889
alcohol, drug addiction, and mental health services board, the	25890
recommendation of the alcohol, drug addiction, and mental health	25891
service board to become a fourteen-member board shall prevail. The	25892
election shall be final. Failure to provide notice of its election	25893
to the department on or before January 1, 2014, shall constitute	25894
an election to continue to operate as an eighteen-member board,	25895
which election shall also be final. If an existing board provides	25896
timely notice of its election to transition to operate as a	25897
fourteen-member board, the number of board members may decline	25898
from eighteen to fourteen by attrition as current members' terms	25899
expire. However, the composition of the board must reflect the	25900
requirements set forth in this section for fourteen-member boards.	25901
~~Nine~~For all boards, half of the members shall be interested in	25902
mental health ~~programs and facilities~~services and ~~nine other~~	25903
half of the members shall be interested in alcohol or, drug, or	25904
gambling addiction ~~programs~~services. All members shall be	25905
residents of the service district. The membership shall, as nearly	25906
as possible, reflect the composition of the population of the	25907
service district as to race and sex.	25908

~~The~~(B) For boards operating as eighteen-member boards, the	25909
director of ~~mental health~~mental health and addiction services	25910
shall appoint ~~four~~eight members of the board~~, the director of~~	25911
~~alcohol and drug addiction services shall appoint four members,~~	25912
and the board of county commissioners shall appoint ten members.	25913
For boards operating as fourteen-member boards, the director of	25914
mental health and addiction services shall appoint six members of	25915
the board and the board of county commissioners shall appoint	25916
eight members. In a joint-county district, the county	25917
commissioners of each participating county shall appoint members	25918
in as nearly as possible the same proportion as that county's	25919
population bears to the total population of the district, except	25920
that at least one member shall be appointed from each	25921
participating county.	25922

(C) The director of ~~mental health~~mental health and addiction	25923
services shall ensure that at least one member of the board is a	25924
~~psychiatrist and one member of the board is a mental health~~	25925
~~professional. If the appointment of a psychiatrist is not~~	25926
~~possible, as determined under rules adopted by the director, a~~	25927
~~licensed physician may be appointed in place of the psychiatrist.~~	25928
~~If the appointment of a licensed physician is not possible, the~~	25929
~~director of mental health may waive the requirement that the~~	25930
~~psychiatrist or licensed physician be a resident of the service~~	25931
~~district and appoint a psychiatrist or licensed physician from a~~	25932
~~contiguous county. The director of mental health shall ensure that~~	25933
clinician with experience in the delivery of mental health	25934
services, at least one member of the board is a person who has	25935
received or is receiving mental health services paid for by public	25936
funds ~~and~~, at least one member of the board is a parent or other	25937
relative of such a person.	25938

~~The director of alcohol and drug addiction services shall~~	25939
~~ensure that at least one member of the board is a professional in~~	25940
~~the field of alcohol or drug addiction services and one member of~~	25941
~~the board is an advocate for persons receiving treatment for~~	25942
~~alcohol or drug addiction. Of the members appointed by the~~	25943
~~director of alcohol and drug addiction services~~, at least one	25944
member of the board is a clinician with experience in the delivery	25945
of addiction services, at least one ~~shall be~~member of the board	25946
is a person who has received or is receiving ~~services for alcohol~~	25947
~~or drug~~ addiction services paid for by public funds, and at least	25948
one ~~shall be~~member of the board is a parent or other relative of	25949
such a person. A single member who meets both qualifications may	25950
fulfill the requirement for a clinician with experience in the	25951
delivery of mental health services and a clinician with experience	25952
in the delivery of addiction services.	25953

(D) No member or employee of a board of alcohol, drug	25954
addiction, and mental health services shall serve as a member of	25955
the board of any ~~agency~~provider with which the board of alcohol,	25956
drug addiction, and mental health services has entered into a	25957
contract for the provision of services or facilities. No member of	25958
a board of alcohol, drug addiction, and mental health services	25959
shall be an employee of any ~~agency~~provider with which the board	25960
has entered into a contract for the provision of services or	25961
facilities~~, unless the board member's employment duties with the~~	25962
~~agency consist of providing, only outside the district the board~~	25963
~~serves, services for which the medicaid program pays~~. No person	25964
shall be an employee of a board and such ~~an agency~~a provider	25965
unless the board and ~~agency~~provider both agree in writing.	25966

(E) No person shall serve as a member of the board of	25967
alcohol, drug addiction, and mental health services whose spouse,	25968
child, parent, brother, sister, grandchild, stepparent, stepchild,	25969
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	25970
daughter-in-law, brother-in-law, or sister-in-law serves as a	25971
member of the board of any ~~agency~~provider with which the board of	25972
alcohol, drug addiction, and mental health services has entered	25973
into a contract for the provision of services or facilities. No	25974
person shall serve as a member or employee of the board whose	25975
spouse, child, parent, brother, sister, stepparent, stepchild,	25976
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	25977
daughter-in-law, brother-in-law, or sister-in-law serves as a	25978
county commissioner of a county or counties in the alcohol, drug	25979
addiction, and mental health service district.	25980

(F) Each year each board member shall attend at least one	25981
inservice training session provided or approved by the department	25982
of ~~mental health or the department of alcohol and drug addiction~~	25983
~~services~~mental health and addiction services. ~~Such training~~	25984
~~sessions shall not be considered to be regularly scheduled~~	25985
~~meetings of the board.~~	25986

~~Each~~(G) For boards operating as eighteen-member boards, each	25987
member shall be appointed for a term of four years, commencing the	25988
first day of July, except that one-third of initial appointments	25989
to a newly established board, and to the extent possible to	25990
expanded boards, shall be for terms of two years, one-third of	25991
initial appointments shall be for terms of three years, and	25992
one-third of initial appointments shall be for terms of four	25993
years. For boards operating as fourteen-member boards, each member	25994
shall be appointed for a term of four years, commencing the first	25995
day of July, except that four of the initial appointments to a	25996
newly established board, and to the extent possible to expanded	25997
boards, shall be for terms of two years, five initial appointments	25998
shall be for terms of three years, and five initial appointments	25999
shall be for terms of four years. No member shall serve more than	26000
two consecutive four-year terms under the same appointing	26001
authority. A member may serve for three consecutive terms under	26002
the same appointing authority only if one of the terms is for less	26003
than two years. A member who has served two consecutive four-year	26004
terms or three consecutive terms totaling less than ten years is	26005
eligible for reappointment by the same appointing authority one	26006
year following the end of the second or third term, respectively.	26007

When a vacancy occurs, appointment for the expired or	26008
unexpired term shall be made in the same manner as an original	26009
appointment. The appointing authority shall be notified by	26010
certified mail of any vacancy and shall fill the vacancy within	26011
sixty days following that notice.	26012

Any member of the board may be removed from office by the	26013
appointing authority for neglect of duty, misconduct, or	26014
malfeasance in office, and shall be removed by the appointing	26015
authority if the member is barred by this section from serving as	26016
a board member. The member shall be informed in writing of the	26017
charges and afforded an opportunity for a hearing. Upon the	26018
absence of a member within one year from either four board	26019
meetings or from two board meetings without prior notice, the	26020
board shall notify the appointing authority, which may vacate the	26021
appointment and appoint another person to complete the member's	26022
term.	26023

Members of the board shall serve without compensation, but	26024
shall be reimbursed for actual and necessary expenses incurred in	26025
the performance of their official duties, as defined by rules of	26026
the ~~departments~~department of ~~mental health and alcohol and drug~~	26027
~~addiction services~~mental health and addiction services.	26028

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	26029
health service district ~~comprised of a county with a population of~~	26030
~~two hundred fifty thousand or more on October 10, 1989, the board~~	26031
~~of county commissioners shall, within thirty days of October 10,~~	26032
~~1989, establish an alcohol and drug addiction services board as~~	26033
~~the entity responsible for providing alcohol and drug addiction~~	26034
~~services in the county, unless, prior to that date, the board~~	26035
~~adopts a resolution providing that the entity responsible for~~	26036
~~providing the services is a board of alcohol, drug addiction, and~~	26037
~~mental health services. If~~where the board of county commissioners	26038
~~establishes~~has established an alcohol and drug addiction services	26039
board, the community mental health board established under former	26040
section 340.02 of the Revised Code shall serve as the entity	26041
responsible for providing mental health services in the county. A	26042
community mental health board has all the powers, duties, and	26043
obligations of a board of alcohol, drug addiction, and mental	26044
health services with regard to mental health services. An alcohol	26045
and drug addiction services board has all the powers, duties, and	26046
obligations of a board of alcohol, drug addiction, and mental	26047
health services with regard to ~~alcohol and drug~~ addiction	26048
services. Any provision of the Revised Code that refers to a board	26049
of alcohol, drug addiction, and mental health services with regard	26050
to mental health services also refers to a community mental health	26051
board and any provision that refers to a board of alcohol, drug	26052
addiction, and mental health services with regard to alcohol and	26053
drug addiction services also refers to an alcohol and drug	26054
addiction services board.	26055

An alcohol and drug addiction services board shall consist of	26056
eighteen members or fourteen members, ~~six of whom~~at the election	26057
of the board. Not later than January 1, 2014, each alcohol and	26058
drug addiction services board shall notify the department of	26059
mental health and addiction services of its election to operate as	26060
an eighteen-member board or to operate as a fourteen-member board.	26061
The election shall be final. Failure to provide notice of its	26062
election to the department on or before January 1, 2014, shall	26063
constitute an election to continue to operate as an	26064
eighteen-member board. If an existing board provides timely notice	26065
of its election to operate as a fourteen-member board, the number	26066
of board members may decline from eighteen to fourteen by	26067
attrition as current members' terms expire. However, the	26068
composition of the board must reflect the requirements set forth	26069
in this section and in applicable provisions of section 340.02 of	26070
the Revised Code for fourteen-member boards. For boards operating	26071
as eighteen-member boards, six members shall be appointed by the	26072
director of ~~alcohol and drug addiction services~~mental health and	26073
addiction services and twelve ~~of whom~~members shall be appointed	26074
by the board of county commissioners. ~~Of the members appointed by~~	26075
~~the~~The director~~, one shall be~~of mental health and addiction	26076
services shall ensure that at least one member of the board is a	26077
person who has received or is receiving services for alcohol or,	26078
drug, or gambling addiction paid for with public funds, at least	26079
one ~~shall be~~member is a parent or relative of such a person, and	26080
at least one ~~shall be~~member is a ~~professional in the field of~~	26081
~~alcohol or drug~~clinician with experience in the delivery of	26082
addiction services~~, and one shall be an advocate for persons~~	26083
~~receiving treatment for alcohol or drug addiction~~. The membership	26084
of the board shall, as nearly as possible, reflect the composition	26085
of the population of the service district as to race and sex.	26086
Members shall be residents of the service district and shall be	26087
interested in alcohol ~~and~~, drug, or gambling addiction services.	26088
Requirements for membership, including prohibitions against	26089
certain family and business relationships, and terms of office	26090
shall be the same as those for members of boards of alcohol, drug	26091
addiction, and mental health services.	26092

A community mental health board shall consist of eighteen	26093
members or fourteen members, at the election of the board. Not	26094
later than January 1, 2014, each community mental health board	26095
shall notify the department of mental health and addiction	26096
services of its election to operate as an eighteen-member board or	26097
to operate as a fourteen-member board. The election shall be	26098
final. Failure to provide notice of its election to the department	26099
on or before January 1, 2014, shall constitute an election to	26100
continue to operate as an eighteen-member board. If an existing	26101
board provides timely notice of its election to operate as a	26102
fourteen-member board, the number of board members may decline	26103
from eighteen to fourteen by attrition as current members' terms	26104
expire. However, the composition of the board must reflect the	26105
requirements set forth in this section and in applicable	26106
provisions of section 340.02 of the Revised Code for	26107
fourteen-member boards. For boards operating as eighteen-member	26108
boards, six ~~of whom~~members shall be appointed by the director of	26109
~~mental health~~mental health and addiction services and twelve of	26110
~~whom~~members shall be appointed by the board of county	26111
commissioners. ~~Of the members appointed by the~~The director~~, one~~	26112
~~shall be~~of mental health and addiction services shall ensure that	26113
at least one member of the board is a person who has received or	26114
is receiving mental health services paid for with public funds, at	26115
least one ~~shall be~~member is a parent or relative of such a	26116
person, and at least one ~~shall be~~member is a ~~psychiatrist or a~~	26117
~~physician, and one shall be a~~clinician with experience in the	26118
delivery of mental health ~~professional~~services. The membership	26119
of the board as nearly as possible shall reflect the composition	26120
of the population of the service district as to race and sex.	26121
Members shall be residents of the service district and shall be	26122
interested in mental health services. Requirements for membership,	26123
including prohibitions against certain family and business	26124
relationships, and terms of office shall be the same as those for	26125
members of boards of alcohol, drug addiction, and mental health	26126
services.	26127

(B) ~~If a board of county commissioners subject to division~~	26128
~~(A) of this section did not adopt a resolution providing for a~~	26129
~~board of alcohol, drug addiction, and mental health services, the~~	26130
~~board of county commissioners may establish such a board in~~	26131
~~accordance with the following procedures:~~	26132

~~(1) Not later than January 1, 2007, the board of county~~	26133
~~commissioners shall adopt a resolution expressing its intent to~~	26134
~~establish a board of alcohol, drug addiction, and mental health~~	26135
~~services.~~	26136

~~(2) After adopting a resolution under division (B)(1) of this~~	26137
~~section, the board of county commissioners shall instruct the~~	26138
~~county's community mental health board and alcohol and drug~~	26139
~~addiction services board to prepare a report on the feasibility,~~	26140
~~process, and proposed plan to establish a board of alcohol, drug~~	26141
~~addiction, and mental health services. The board of county~~	26142
~~commissioners shall specify the date by which the report must be~~	26143
~~submitted to the board for its review.~~	26144

~~(3) After reviewing the report prepared under division (B)(2)~~	26145
~~of this section, the board may adopt a final resolution~~	26146
~~establishing a board of alcohol, drug addiction, and mental health~~	26147
~~services. A final resolution establishing such a board shall be~~	26148
~~adopted not later than July 1, 2007.~~	26149

~~(C)~~(1) If a board of county commissioners subject to division	26150
(A) of this section did not adopt a final resolution providing for	26151
a board of alcohol, drug addiction, and mental health services ~~and~~	26152
~~did not establish such a board under division (B) of this section~~	26153
on or before July 1, 2007, the board of county commissioners may	26154
establish a board of alcohol, drug addiction, and mental health	26155
services on or after the effective date of this amendment. To	26156
establish the board, the board of county commissioners shall adopt	26157
a resolution providing for the board's establishment. The	26158
composition of the board, the procedures for appointing members,	26159
and all other matters related to the board and its members are	26160
subject to section 340.02 of the Revised Code, with the following	26161
exceptions:	26162

(a) For initial appointments to the board, the county's	26163
community mental health board and alcohol and drug addiction	26164
services board shall jointly recommend members of those boards for	26165
reappointment and shall submit the recommendations to the board of	26166
county commissioners~~, director of mental health,~~ and the director	26167
of ~~alcohol and drug addiction services~~mental health and addiction	26168
services.	26169

(b) To the greatest extent possible, the appointing	26170
authorities shall appoint the initial members from among the	26171
members jointly recommended under division ~~(C)~~(B)(1)(a) of this	26172
section.	26173

(2) If a board of alcohol, drug addiction, and mental health	26174
services is established pursuant to division ~~(C)~~(B)(1) of this	26175
section, the board has the same rights, privileges, immunities,	26176
powers, and duties that were possessed by the county's community	26177
mental health board and alcohol and drug addiction services board.	26178
When the board is established, all property and obligations of the	26179
community mental health board and alcohol and drug addiction	26180
services board shall be transferred to the board of alcohol, drug	26181
addiction, and mental health services.	26182

Sec. 340.03. (A) Subject to rules issued by the director of	26183
~~mental health~~mental health and addiction services after	26184
consultation with relevant constituencies as required by division	26185
~~(L)~~(A)(10) of section ~~5119.06~~5119.21 of the Revised Code, ~~with~~	26186
~~regard to mental health services,~~ the board of alcohol, drug	26187
addiction, and mental health services shall:	26188

(1) Serve as the community addiction and mental health	26189
services planning agency for the county or counties under its	26190
jurisdiction, and in so doing it shall:	26191

(a) Evaluate the need for facilities and community addiction	26192
and mental health services;	26193

(b) In cooperation with other local and regional planning and	26194
funding bodies and with relevant ethnic organizations, assess the	26195
community addiction and mental health needs, evaluate strengths	26196
and challenges, and set priorities~~, and develop plans~~ for ~~the~~	26197
~~operation of facilities and~~ community addiction and mental health	26198
services, including treatment and prevention. When the board sets	26199
priorities for the operation of addiction services, the board	26200
shall consult with the county commissioners of the counties in the	26201
board's service district regarding the services described in	26202
section 340.15 of the Revised Code and shall give priority to	26203
those services, except that those services shall not have a	26204
priority over services provided to pregnant women under programs	26205
developed in relation to the mandate established in section	26206
5119.17 of the Revised Code;	26207

(c) In accordance with guidelines issued by the director of	26208
~~mental health~~mental health and addiction services after	26209
consultation with board representatives, annually develop and	26210
submit to the department of ~~mental health~~mental health and	26211
addiction services a community addiction and mental health	26212
services plan listing community addiction and mental health	26213
services needs, including the needs of all residents of the	26214
district ~~now residing in state mental institutions and severely~~	26215
~~mentally disabled adults, children, and adolescents;~~currently	26216
receiving inpatient services in state-operated hospitals, the	26217
needs of other populations as required by state or federal law or	26218
programs, the needs of all children subject to a determination	26219
made pursuant to section 121.38 of the Revised Code;, and ~~all the~~	26220
priorities for facilities and community addiction and mental	26221
health services ~~that are or will be in operation or provided~~	26222
during the period for which the plan will be in ~~operation in the~~	26223
~~service district to meet such needs~~effect.	26224

In alcohol, drug addiction, and mental health service	26225
districts that have separate alcohol and drug addiction services	26226
and community mental health boards, the alcohol and drug addiction	26227
services board shall submit a community addiction services plan	26228
and the community mental health board shall submit a community	26229
mental health services plan. Each board shall consult with its	26230
counterpart in developing its plan and address the interaction	26231
between the local addiction services and mental health services	26232
systems and populations with regard to needs and priorities in	26233
developing its plan.	26234

~~The plan shall include, but not be limited to, a statement of~~	26235
~~which of the services listed in section 340.09 of the Revised Code~~	26236
~~the board intends to make available. The board must include crisis~~	26237
~~intervention services for individuals in an emergency situation in~~	26238
~~the plan and explain how the board intends to make such services~~	26239
~~available. The plan must also include a statement of the inpatient~~	26240
~~and community-based services the board proposes that the~~	26241
~~department operate, an assessment of the number and types of~~	26242
~~residential facilities needed, such other information as the~~	26243
~~department requests, and a budget for moneys the board expects to~~	26244
~~receive.~~ The department shall approve or disapprove the plan, in	26245
whole or in part, according to the criteria developed pursuant to	26246
section ~~5119.61~~5119.22 of the Revised Code. ~~The department's~~	26247
~~statement of approval or disapproval shall specify the inpatient~~	26248
~~and the community-based services that the department will operate~~	26249
~~for the board.~~ Eligibility for state and federal funding shall be	26250
contingent upon an approved plan or relevant part of a plan.	26251

If a board determines that it is necessary to amend a plan or	26252
~~an allocation request~~ that has been approved under this division	26253
~~(A)(1)(c) of this section~~, the board shall submit a proposed	26254
amendment to the director. The director may approve or disapprove	26255
all or part of the amendment. The director shall inform the board	26256
of the reasons for disapproval of all or part of an amendment and	26257
of the criteria that must be met before the amendment may be	26258
approved. The director shall provide the board an opportunity to	26259
present its case on behalf of the amendment. The director shall	26260
give the board a reasonable time in which to meet the criteria,	26261
and shall offer the board technical assistance to help it meet the	26262
criteria.	26263

The board shall ~~implement~~operate in accordance with the plan	26264
approved by the department.	26265

(d) Promote, arrange, and implement working agreements with	26266
social agencies, both public and private, and with judicial	26267
agencies.	26268

(2) Investigate, or request another agency to investigate,	26269
any complaint alleging abuse or neglect of any person receiving	26270
services from a community addiction or mental health ~~agency as~~	26271
~~defined in section 5122.01 of the Revised Code~~services provider	26272
certified under section 5119.36 of the Revised Code or alleging	26273
abuse or neglect of a ~~person~~resident receiving addiction services	26274
or with mental illness or severe mental disability residing in a	26275
residential facility licensed under section ~~5119.22~~5119.34 of the	26276
Revised Code. If the investigation substantiates the charge of	26277
abuse or neglect, the board shall take whatever action it	26278
determines is necessary to correct the situation, including	26279
notification of the appropriate authorities. Upon request, the	26280
board shall provide information about such investigations to the	26281
department.	26282

(3) For the purpose of section ~~5119.611~~5119.36 of the	26283
Revised Code, cooperate with the director of ~~mental health~~mental	26284
health and addiction services in visiting and evaluating whether	26285
the services of a community addiction or mental health ~~agency~~	26286
services provider satisfy the certification standards established	26287
by rules adopted under that section;	26288

(4) In accordance with criteria established under division	26289
(E) of section ~~5119.61~~5119.22 of the Revised Code, conduct	26290
program audits that review and evaluate the quality,	26291
effectiveness, and efficiency of services provided through its	26292
community addiction and mental health ~~plan~~contracted services and	26293
submit its findings and recommendations to the department of	26294
~~mental health~~mental health and addiction services;	26295

(5) In accordance with section ~~5119.22~~5119.34 of the Revised	26296
Code, review an application for a residential facility license and	26297
provide to the department of ~~mental health~~mental health and	26298
addiction services any information about the applicant or facility	26299
that the board would like the department to consider in reviewing	26300
the application;	26301

(6) Audit, in accordance with rules adopted by the auditor of	26302
state pursuant to section 117.20 of the Revised Code, at least	26303
annually all programs and services provided under contract with	26304
the board. In so doing, the board may contract for or employ the	26305
services of private auditors. A copy of the fiscal audit report	26306
shall be provided to the director of ~~mental health~~mental health	26307
and addiction services, the auditor of state, and the county	26308
auditor of each county in the board's district.	26309

(7) Recruit and promote local financial support for addiction	26310
and mental health ~~programs~~services from private and public	26311
sources;	26312

(8)(a) Enter into contracts with public and private	26313
facilities for the operation of facility services ~~included in the~~	26314
~~board's community mental health plan~~ and enter into contracts with	26315
public and private community addiction and mental health ~~agencies~~	26316
service providers for the provision of community addiction and	26317
mental health services ~~that are listed in section 340.09 of the~~	26318
~~Revised Code and included in the board's community mental health~~	26319
~~plan~~. The board may not contract with a residential facility	26320
subject to section 5119.34 of the Revised Code unless the facility	26321
is licensed by the director of mental health and addiction	26322
services and may not contract with a community addiction or mental	26323
health ~~agency~~services provider to provide community addiction or	26324
mental health services ~~included in the board's community mental~~	26325
~~health plan~~ unless the services are certified by the director of	26326
~~mental health~~mental health and addiction services under section	26327
~~5119.611~~5119.36 of the Revised Code. Section 307.86 of the	26328
Revised Code does not apply to contracts entered into under this	26329
division. In contracting with a community addiction or mental	26330
health ~~agency~~services provider, a board shall consider the cost	26331
effectiveness of services provided by that ~~agency~~provider and	26332
the quality and continuity of care, and may review cost elements,	26333
including salary costs, of the services to be provided. A	26334
utilization review process ~~shall~~may be established as part of the	26335
contract for services entered into between a board and a community	26336
addiction or mental health ~~agency~~services provider. The board	26337
may establish this process in a way that is most effective and	26338
efficient in meeting local needs. ~~Until July 1, 2012, a contract~~	26339
~~with a community mental health agency or facility, as defined in~~	26340
~~section 5111.023 of the Revised Code, to provide services listed~~	26341
~~in division (B) of that section shall provide for the agency or~~	26342
~~facility to be paid in accordance with the contract entered into~~	26343
~~between the departments of job and family services and mental~~	26344
~~health under section 5111.91 of the Revised Code and any rules~~	26345
~~adopted under division (A) of section 5119.61 of the Revised Code.~~	26346

If either the board or a facility or community addiction or	26347
mental health ~~agency~~services provider with which the board	26348
contracts under this division ~~(A)(8)(a) of this section~~ proposes	26349
not to renew the contract or proposes substantial changes in	26350
contract terms, the other party shall be given written notice at	26351
least one hundred twenty days before the expiration date of the	26352
contract. During the first sixty days of this one hundred	26353
twenty-day period, both parties shall attempt to resolve any	26354
dispute through good faith collaboration and negotiation in order	26355
to continue to provide services to persons in need. If the dispute	26356
has not been resolved sixty days before the expiration date of the	26357
contract, either party may notify the department of ~~mental health~~	26358
mental health and addiction services of the unresolved dispute.	26359
The director may require both parties to submit the dispute to a	26360
third party with the cost to be shared by the board and the	26361
facility or ~~community mental health agency~~provider. The third	26362
party shall issue to the board, the facility or ~~agency~~provider,	26363
and the department recommendations on how the dispute may be	26364
resolved twenty days prior to the expiration date of the contract,	26365
unless both parties agree to a time extension. The director shall	26366
adopt rules establishing the procedures of this dispute resolution	26367
process.	26368

(b) With the prior approval of the director of ~~mental health~~	26369
mental health and addiction services, a board may operate a	26370
facility or provide a community addiction or mental health service	26371
as follows, if there is no other qualified private or public	26372
facility or community addiction or mental health ~~agency~~services	26373
provider that is immediately available and willing to operate such	26374
a facility or provide the service:	26375

(i) In an emergency situation, any board may operate a	26376
facility or provide a community addiction or mental health service	26377
in order to provide essential services for the duration of the	26378
emergency;	26379

(ii) In a service district with a population of at least one	26380
hundred thousand but less than five hundred thousand, a board may	26381
operate a facility or provide a community addiction or mental	26382
health service for no longer than one year;	26383

(iii) In a service district with a population of less than	26384
one hundred thousand, a board may operate a facility or provide a	26385
community addiction or mental health service for no longer than	26386
one year, except that such a board may operate a facility or	26387
provide a community addiction or mental health service for more	26388
than one year with the prior approval of the director and the	26389
prior approval of the board of county commissioners, or of a	26390
majority of the boards of county commissioners if the district is	26391
a joint-county district.	26392

The director shall not give a board approval to operate a	26393
facility or provide a community addiction or mental health service	26394
under division (A)(8)(b)(ii) or (iii) of this section unless the	26395
director determines that it is not feasible to have the department	26396
operate the facility or provide the service.	26397

The director shall not give a board approval to operate a	26398
facility or provide a community addiction or mental health service	26399
under division (A)(8)(b)(iii) of this section unless the director	26400
determines that the board will provide greater administrative	26401
efficiency and more or better services than would be available if	26402
the board contracted with a private or public facility or	26403
community addiction or mental health ~~agency~~services provider.	26404

The director shall not give a board approval to operate a	26405
facility previously operated by a person or other government	26406
entity unless the board has established to the director's	26407
satisfaction that the person or other government entity cannot	26408
effectively operate the facility or that the person or other	26409
government entity has requested the board to take over operation	26410
of the facility. The director shall not give a board approval to	26411
provide a community addiction or mental health service previously	26412
provided by a community addiction or mental health ~~agency~~services	26413
provider unless the board has established to the director's	26414
satisfaction that the ~~agency~~provider cannot effectively provide	26415
the service or that the ~~agency~~provider has requested the board	26416
take over providing the service.	26417

The director shall review and evaluate a board's operation of	26418
a facility and provision of community addiction or mental health	26419
service under division (A)(8)(b) of this section.	26420

Nothing in division (A)(8)(b) of this section authorizes a	26421
board to administer or direct the daily operation of any facility	26422
or community addiction or mental health ~~agency~~services provider,	26423
but a facility or ~~agency~~provider may contract with a board to	26424
receive administrative services or staff direction from the board	26425
under the direction of the governing body of the facility or	26426
~~agency~~provider.	26427

(9) Approve fee schedules and related charges or adopt a unit	26428
cost schedule or other methods of payment for contract services	26429
provided by community addiction or mental health ~~agencies~~services	26430
providers in accordance with guidelines issued by the department	26431
as necessary to comply with state and federal laws pertaining to	26432
financial assistance;	26433

(10) Submit to the director and the county commissioners of	26434
the county or counties served by the board, and make available to	26435
the public, an annual report of the ~~programs~~services under the	26436
jurisdiction of the board, including a fiscal accounting;	26437

(11) Establish, to the extent resources are available, a	26438
~~community support system~~continuum of care, which provides for	26439
prevention, treatment, support, and rehabilitation services and	26440
opportunities. The essential elements of the ~~system~~continuum	26441
include, but are not limited to, the following components in	26442
accordance with section ~~5119.06~~5119.21 of the Revised Code:	26443

(a) To locate persons in need of addiction or mental health	26444
services to inform them of available services and benefits	26445
~~mechanisms~~;	26446

(b) Assistance for ~~clients~~persons receiving services to	26447
obtain services necessary to meet basic human needs for food,	26448
clothing, shelter, medical care, personal safety, and income;	26449

(c) ~~Mental~~Addiction and mental health ~~care~~services,	26450
including, but not limited to, outpatient, residential, partial	26451
hospitalization, and, where appropriate, inpatient care;	26452

(d) Emergency services and crisis intervention;

26453

(e) Assistance for ~~clients~~persons receiving services to	26454
obtain vocational services and opportunities for jobs;	26455

(f) The provision of services designed to develop social,	26456
community, and personal living skills;	26457

(g) Access to a wide range of housing and the provision of	26458
residential treatment and support;	26459

(h) Support, assistance, consultation, and education for	26460
families, friends, ~~consumers of~~persons receiving addiction or	26461
mental health services, and others;	26462

(i) Recognition and encouragement of families, friends,	26463
neighborhood networks, especially networks that include racial and	26464
ethnic minorities, churches, community organizations, and	26465
~~meaningful~~community employment as natural supports for ~~consumers~~	26466
ofpersons receiving addiction or mental health services;	26467

(j) Grievance procedures and protection of the rights of	26468
~~consumers of~~persons receiving addiction or mental health	26469
services;	26470

(k) ~~Case management~~Community psychiatric supportive	26471
treatment services, which includes continual individualized	26472
assistance and advocacy to ensure that needed services are offered	26473
and procured.	26474

(12) Establish a method for evaluating referrals for	26475
involuntary commitment and affidavits filed pursuant to section	26476
5122.11 of the Revised Code in order to assist the probate	26477
division of the court of common pleas in determining whether there	26478
is probable cause that a respondent is subject to involuntary	26479
hospitalization and what alternative treatment is available and	26480
appropriate, if any;	26481

(13) Designate the treatment ~~program~~services, ~~agency~~	26482
provider, or facility, or other placement for each person	26483
involuntarily committed to the board pursuant to Chapter 5122. of	26484
the Revised Code ~~and authorize payment for such treatment~~. The	26485
board shall provide the least restrictive and most appropriate	26486
alternative that is available for any person involuntarily	26487
committed to it and shall assure that the listed services ~~listed~~	26488
insubmitted and approved in accordance with division (B) of	26489
section ~~340.09~~340.08 of the Revised Code are available to	26490
severely mentally disabled persons residing within its service	26491
district. The board shall establish the procedure for authorizing	26492
payment for services, which may include prior authorization in	26493
appropriate circumstances. The board may provide for services	26494
directly to a severely mentally disabled person when life or	26495
safety is endangered and when no community mental health ~~agency~~	26496
services provider is available to provide the service.	26497

~~(13) Establish a method for evaluating referrals for~~	26498
~~involuntary commitment and affidavits filed pursuant to section~~	26499
~~5122.11 of the Revised Code in order to assist the probate~~	26500
~~division of the court of common pleas in determining whether there~~	26501
~~is probable cause that a respondent is subject to involuntary~~	26502
~~hospitalization and what alternative treatment is available and~~	26503
~~appropriate, if any;~~	26504

(14) Ensure that apartments or rooms built, subsidized,	26505
renovated, rented, owned, or leased by the board or a community	26506
addiction or mental health ~~agency~~services provider have been	26507
approved as meeting minimum fire safety standards and that persons	26508
residing in the rooms or apartments are receiving appropriate and	26509
necessary services, including culturally relevant services, from a	26510
community addiction or mental health ~~agency~~services provider.	26511
This division does not apply to residential facilities licensed	26512
pursuant to section ~~5119.22~~5119.34 of the Revised Code.	26513

(15) Establish a mechanism for obtaining advice and	26514
involvement of ~~consumer recommendation and advice~~persons	26515
receiving publicly funded addiction or mental health services on	26516
matters pertaining to addiction and mental health services in the	26517
alcohol, drug addiction, and mental health service district;	26518

(16) Perform the duties required by rules adopted under	26519
section ~~5119.61~~5119.22 of the Revised Code regarding referrals by	26520
the board or mental health ~~agencies~~services providers under	26521
contract with the board of individuals with mental illness or	26522
severe mental disability to residential facilities as defined in	26523
division (A)(9)(b)(iii) of section ~~5119.22~~5119.34 of the Revised	26524
Code and effective arrangements for ongoing mental health services	26525
for the individuals. The board is accountable in the manner	26526
specified in the rules for ensuring that the ongoing mental health	26527
services are effectively arranged for the individuals.	26528

(B) The board shall establish such rules, operating	26529
procedures, standards, and bylaws, and perform such other duties	26530
as may be necessary or proper to carry out the purposes of this	26531
chapter.	26532

(C) A board of alcohol, drug addiction, and mental health	26533
services may receive by gift, grant, devise, or bequest any	26534
moneys, lands, or property for the benefit of the purposes for	26535
which the board is established, and may hold and apply it	26536
according to the terms of the gift, grant, or bequest. All money	26537
received, including accrued interest, by gift, grant, or bequest	26538
shall be deposited in the treasury of the county, the treasurer of	26539
which is custodian of the alcohol, drug addiction, and mental	26540
health services funds to the credit of the board and shall be	26541
available for use by the board for purposes stated by the donor or	26542
grantor.	26543

(D) No board member or employee of a board of alcohol, drug	26544
addiction, and mental health services shall be liable for injury	26545
or damages caused by any action or inaction taken within the scope	26546
of the board member's official duties or the employee's	26547
employment, whether or not such action or inaction is expressly	26548
authorized by this section~~, section 340.033,~~ or any other section	26549
of the Revised Code, unless such action or inaction constitutes	26550
willful or wanton misconduct. Chapter 2744. of the Revised Code	26551
applies to any action or inaction by a board member or employee of	26552
a board taken within the scope of the board member's official	26553
duties or employee's employment. For the purposes of this	26554
division, the conduct of a board member or employee shall not be	26555
considered willful or wanton misconduct if the board member or	26556
employee acted in good faith and in a manner that the board member	26557
or employee reasonably believed was in or was not opposed to the	26558
best interests of the board and, with respect to any criminal	26559
action or proceeding, had no reasonable cause to believe the	26560
conduct was unlawful.	26561

(E) The meetings held by any committee established by a board	26562
of alcohol, drug addiction, and mental health services shall be	26563
considered to be meetings of a public body subject to section	26564
121.22 of the Revised Code.	26565

Sec. 340.031. A board of alcohol, drug addiction, and mental	26566
health services may:	26567

(A) Inspect any residential facility licensed under section	26568
~~5119.22~~5119.34 of the Revised Code and located in its district,	26569
~~pursuant to a contract with the department of mental health~~;	26570

(B) Acquire, convey, lease, or enter into a contract to	26571
purchase, lease, or sell property for community addiction and	26572
mental health ~~and alcohol and drug addiction~~ services and related	26573
purposes, and enter into loan agreements, including mortgages, for	26574
the acquisition of such property.	26575

Sec. 340.032. The board of alcohol, drug addiction, and	26576
mental health services shall employ a qualified mental health or	26577
~~alcohol or drug~~ addiction services professional with experience in	26578
administration or a professional administrator with experience in	26579
mental health or ~~alcohol or drug~~ addiction services to serve as	26580
executive director of the board and shall prescribe the director's	26581
duties.	26582

The board shall fix the compensation of the executive	26583
director. In addition to such compensation, the director shall be	26584
reimbursed for actual and necessary expenses incurred in the	26585
performance of ~~his~~the director's official duties. The board, by	26586
majority vote of the full membership, may remove the director for	26587
cause, upon written charges, after an opportunity has been	26588
afforded ~~him~~the director for a hearing before the board on	26589
request.	26590

The board may delegate to its executive director the	26591
authority to act in its behalf in the performance of its	26592
administrative duties.	26593

As used in this section, "mental health professional" and	26594
"addiction services professional" mean an individual who is	26595
qualified to work with mentally ill persons or persons receiving	26596
addiction services, pursuant to standards established by the	26597
director of mental health and addiction services under Chapter	26598
5119. of the Revised Code.	26599

Sec. 340.04. In addition to such other duties as may be	26600
lawfully imposed, the executive director of a board of alcohol,	26601
drug addiction, and mental health services shall:	26602

(A) Serve as executive officer of the board and subject to	26603
the prior approval of the board for each contract, execute	26604
contracts on its behalf;	26605

(B) Supervise services and facilities provided, operated,	26606
contracted, or supported by the board to the extent of determining	26607
that ~~programs~~services and facilities are being administered in	26608
conformity with this chapter and rules of the director of ~~mental~~	26609
~~health and the department of~~ ~~alcohol and drug addiction services~~	26610
mental health and addiction services;	26611

(C) Provide consultation to ~~agencies, associations, or~~	26612
~~individuals~~addiction and mental health services providers	26613
providing services supported by the board;	26614

(D) Recommend to the board the changes necessary to increase	26615
the effectiveness of addiction and mental health services ~~and~~	26616
~~alcohol and drug addiction services~~ and other matters necessary or	26617
desirable to carry out this chapter;	26618

(E) Employ and remove from office such employees and	26619
consultants in the classified civil service and, subject to the	26620
approval of the board, employ and remove from office such other	26621
employees and consultants as may be necessary for the work of the	26622
board, and fix their compensation and reimbursement within the	26623
limits set by the salary schedule and the budget approved by the	26624
board;	26625

(F) Encourage the development and expansion of preventive,	26626
treatment, rehabilitative, and consultative ~~programs~~services in	26627
the field of addiction and mental health services with emphasis on	26628
continuity of care;	26629

(G) Prepare for board approval an annual report of the	26630
~~programs~~services and facilities under the jurisdiction of the	26631
board, including a fiscal accounting of all services;	26632

(H) Conduct such studies as may be necessary and practicable	26633
for the promotion of mental health, promotion of addiction	26634
services, and the prevention of mental illness, emotional	26635
disorders, and addiction ~~to alcohol and drugs~~;	26636

(I) Authorize the county auditor, or in a joint-county	26637
district the county auditor designated as the auditor for the	26638
district, to issue warrants for the payment of board obligations	26639
approved by the board, provided that all payments from funds	26640
distributed to the board by the department of mental health and	26641
addiction services are in accordance with the ~~comprehensive~~	26642
~~community mental health plan~~budget submitted pursuant to section	26643
340.08 of the Revised Code, as approved by the department of	26644
~~mental health, or with the alcohol and drug addiction services~~	26645
~~plan as approved by the department of alcohol and drug addiction~~	26646
~~services~~mental health and addiction services.	26647

Sec. 340.05. A community addiction or mental health ~~agency~~	26648
services provider that receives a complaint alleging abuse or	26649
neglect of an individual with mental illness or severe mental	26650
disability, or an individual receiving addiction services, who	26651
resides in a residential facility as defined in division (A)(9)(b)	26652
of section ~~5119.22~~5119.34 of the Revised Code shall report the	26653
complaint to the board of alcohol, drug addiction, and mental	26654
health services serving the alcohol, drug addiction, and mental	26655
health service district in which the residential facility is	26656
located. A board of alcohol, drug addiction, and mental health	26657
services that receives such a complaint or a report from a	26658
community addiction or mental health ~~agency~~services provider of	26659
such a complaint shall report the complaint to the director of	26660
~~mental health~~mental health and addiction services for the	26661
purpose of the director conducting an investigation under section	26662
~~5119.22~~5119.34 of the Revised Code. The board may enter the	26663
facility with or without the director and, if the health and	26664
safety of a resident is in immediate danger, take any necessary	26665
action to protect the resident. The board's action shall not	26666
violate any resident's rights specified in rules adopted by the	26667
department of ~~mental health~~mental health and addiction services	26668
under section ~~5119.22~~5119.34 of the Revised Code. The board shall	26669
immediately report to the director regarding the board's actions	26670
under this section.	26671

Sec. 340.07. The board of county commissioners of any county	26672
participating in an alcohol, drug addiction, and mental health	26673
service district or joint-county district, upon receipt from the	26674
board of alcohol, drug addition, and mental health services of a	26675
resolution so requesting, may appropriate money to such board for	26676
the operation, lease, acquisition, construction, renovation, and	26677
maintenance of addiction or mental health services~~, programs,~~	26678
providers and facilities ~~for mentally ill and emotionally~~	26679
~~disturbed persons~~ in accordance with the comprehensive community	26680
addiction and mental health ~~plan or for alcohol and drug addiction~~	26681
~~programs in accordance with the alcohol and drug addiction~~	26682
~~services plan~~services budget approved by the department of mental	26683
health and addiction services pursuant to section 340.08 of the	26684
Revised Code.	26685

Sec. 340.08. In accordance with rules or guidelines issued	26686
by the director of mental health and addiction services, each	26687
board of alcohol, drug addiction, and mental health services shall	26688
do all of the following:	26689

(A) Submit to the department a report of receipts and	26690
expenditures for all federal, state, and local moneys the board	26691
expects to receive;	26692

(1) The report shall identify funds the board and public	26693
children services agencies in the board's service district have	26694
available to fund jointly the services described in section 340.15	26695
of the Revised Code.	26696

(2) The board's proposed budget for expenditures of state and	26697
federal funds distributed to the board by the department shall be	26698
deemed an application for funds, and the department shall approve	26699
or disapprove the budget for these expenditures. The department	26700
shall inform the board of the reasons for disapproval of the	26701
budget for the expenditure of state and federal funds and of the	26702
criteria that must be met before the budget may be approved. The	26703
director shall provide the board an opportunity to present its	26704
case on behalf of the submitted budget. The director shall give	26705
the board a reasonable time in which to meet the criteria and	26706
shall offer the board technical assistance to help it meet the	26707
criteria.	26708

If a board determines that it is necessary to amend a budget	26709
that has been approved under this section, the board shall submit	26710
a proposed amendment to the director. The director may approve or	26711
disapprove all or part of the amendment. The director shall inform	26712
the board of the reasons for disapproval of all or part of the	26713
amendment and of the criteria that must be met before the	26714
amendment may be approved. The director shall provide the board an	26715
opportunity to present its case on behalf of the amendment. The	26716
director shall give the board a reasonable time in which to meet	26717
the criteria and shall offer the board technical assistance to	26718
help it meet the criteria.	26719

(3) The director of mental health and addiction services, in	26720
whole or in part, may withhold funds otherwise to be allocated to	26721
a board of alcohol, drug addiction, and mental health services	26722
under Chapter 5119. of the Revised Code if the board's use of	26723
state and federal funds fails to comply with the approved budget,	26724
as it may be amended with the approval of the department.	26725

(B) Submit to the department a statement identifying the	26726
services described in section 340.09 of the Revised Code the board	26727
intends to make available. The board shall include crisis	26728
intervention services for individuals in emergency situations and	26729
services required pursuant to section 340.15 of the Revised Code,	26730
and the board shall explain the manner in which the board intends	26731
to make such services available. The list of services shall be	26732
compatible with the budget submitted pursuant to division (A) of	26733
this section. The department shall approve or disapprove the	26734
proposed listing of services to be made available. The department	26735
shall inform the board of the reasons for disapproval of the	26736
listing of proposed services and of the criteria that must be met	26737
before listing of proposed services may be approved. The director	26738
shall provide the board an opportunity to present its case on	26739
behalf of the submitted listing of proposed services. The director	26740
shall give the board a reasonable time in which to meet the	26741
criteria and shall offer the board technical assistance to help it	26742
meet the criteria.	26743

(C) Enter into a continuity of care agreement with the state	26744
institution operated by the department of mental health and	26745
addiction services and designated as the institution serving the	26746
district encompassing the board's service district. The continuity	26747
of care agreement shall outline the department's and the board's	26748
responsibilities to plan for and coordinate with each other to	26749
address the needs of board residents who are patients in the	26750
institution, with an emphasis on managing appropriate hospital bed	26751
day use and discharge planning. The continuity of care agreement	26752
shall not require the board to provide services other than those	26753
on the list of services submitted by the board and approved by the	26754
department pursuant to division (B) of this section.	26755

(D) In conjunction with the department of mental health and	26756
addiction services, operate a coordinated system for tracking and	26757
monitoring persons found not guilty by reason of insanity and	26758
committed pursuant to section 2945.40 of the Revised Code who have	26759
been granted a conditional release and persons found incompetent	26760
to stand trial and committed pursuant to section 2945.39 of the	26761
Revised Code who have been granted a conditional release. The	26762
system shall do all of the following:	26763

(1) Centralize responsibility for the tracking of those	26764
persons;	26765

(2) Provide for uniformity in monitoring those persons;

26766

(3) Provide a mechanism to allow prompt rehospitalization,	26767
reinstitutionalization, or detention when a violation of the	26768
conditional release or decompensation occurs.	26769

(E) Submit to the department a report summarizing complaints	26770
and grievances received by the board concerning the rights of	26771
persons seeking or receiving services, investigations of	26772
complaints and grievances, and outcomes of the investigations.	26773

(F) Provide to the department information to be submitted to	26774
the community addiction and mental health information system or	26775
systems established by the department under Chapter 5119. of the	26776
Revised Code.	26777

(G) Annually, and upon any change in membership, submit to	26778
the department a list of all current members of the board of	26779
alcohol, drug addiction, and mental health services, including the	26780
appointing authority for each member, and the member's specific	26781
qualification for appointment pursuant to section 340.02 or	26782
340.021 of the Revised Code, if applicable.	26783

(H) Submit to the department other information as is	26784
reasonably required for purposes of the department's operations,	26785
service evaluation, reporting activities, research, system	26786
administration, and oversight.	26787

Sec. 340.09. (A) The department of ~~mental health~~mental	26788
health and addiction services shall provide assistance to any	26789
county for the operation of boards of alcohol, drug addiction, and	26790
mental health services ~~and~~, the provision of ~~the following~~	26791
services approved by the department within the continuum of care,	26792
the provision of approved support functions, and the partnership	26793
in, or support for, approved continuum of care-related activities	26794
from funds appropriated for that purpose by the general assembly:.	26795

~~(A) Outpatient;~~

26796

(B) Categories in the continuum of care may include the	26797
following:	26798

(1) Inpatient;

26799

~~(C) Partial hospitalization~~(2) Residential;

26800

~~(D) Rehabilitation~~(3) Outpatient treatment;

26801

~~(E)~~(4) Intensive and other supports;

26802

(5) Recovery support;

26803

(6) Prevention and wellness management.

26804

26805

(1) Consultation;

26806

~~(F) Mental health education and other preventive services;~~

26807

~~(G) Emergency;~~

26808

~~(H) Crisis intervention;~~

26809

~~(I)~~(2) Research;

26810

~~(J)~~(3) Administrative;

26811

~~(K)~~(4) Referral and information;

26812

~~(L) Residential;~~

26813

~~(M)~~(5) Training;

26814

~~(N) Substance abuse;~~

26815

~~(O)~~(6) Service and program evaluation;

26816

~~(P) Community support system;~~

26817

~~(Q) Case management;~~

26818

~~(R) Residential housing;~~

26819

~~(S) Other services approved by the board and the director of~~	26820
~~mental health~~.	26821

Sec. 340.091. Each board of alcohol, drug addiction, and	26822
mental health services shall contract with a community mental	26823
health ~~agency~~services provider under division (A)~~(7)~~(8)(a) of	26824
section 340.03 of the Revised Code for the ~~agency~~provider to do	26825
all of the following in accordance with rules adopted under	26826
section ~~5119.61~~5119.22 of the Revised Code for an individual	26827
referred to the ~~agency~~provider under division (D)(2) of section	26828
~~5119.69~~5119.41 of the Revised Code:	26829

(A) Assess the individual and, if the ~~agency~~provider	26830
determines that the environment in which the individual will be	26831
living while receiving residential state supplement payments is	26832
appropriate for the individual's needs, issue a recommendation to	26833
the referring residential state supplement administrative agency	26834
that the referring agency should conclude that the living	26835
environment is appropriate when it makes its determination	26836
regarding the appropriateness of the environment;	26837

(B) Provide ongoing monitoring to ensure that listed services	26838
~~provided under~~submitted and approved under division (B) of	26839
section ~~340.09~~340.08 of the Revised Code are available to the	26840
individual;	26841

(C) Provide discharge planning to ensure the individual's	26842
earliest possible transition to a less restrictive environment.	26843

Sec. 340.10. The county auditor or, in a joint-county	26844
alcohol, drug addiction, and mental health service district, the	26845
auditor of the county, the treasurer of which has been designated	26846
in the agreement between the counties of the district as custodian	26847
of the community addiction and mental health services funds ~~and~~	26848
~~alcohol and drug addiction services funds~~, is hereby designated as	26849
the auditor and fiscal officer of an alcohol, drug addiction, and	26850
mental health service district or joint-county district. State	26851
funds allocated for the support of a service district shall be	26852
paid to the county treasurer or, in a joint-county district, to	26853
the treasurer of that county designated in the agreement as	26854
custodian of the community addiction and mental health services	26855
funds and authorized to make payments from such funds on order of	26856
the county auditor and on recommendation of the board of alcohol,	26857
drug addiction, and mental health services, or the executive	26858
director of the board when authorized by the board. The auditor	26859
shall submit to the board a detailed monthly statement of all	26860
receipts, disbursements, and ending balances for the community	26861
addiction and mental health services funds.	26862

Sec. 340.11. A board of alcohol, drug addiction, and mental	26863
health services may procure a policy or policies of insurance	26864
insuring board members or employees of the board or ~~agencies~~	26865
providers with which the board contracts against liability arising	26866
from the performance of their official duties. If the liability	26867
insurance is unavailable or the amount a board has procured or is	26868
able to procure is insufficient to cover the amount of a claim,	26869
the board may indemnify a board member or employee as follows:	26870

(A) For any action or inaction in the capacity of board	26871
member or employee or at the request of the board, whether or not	26872
the action or inaction is expressly authorized by this or any	26873
other section of the Revised Code, if both of the following apply:	26874

(1) The board member or employee acted in good faith and in a	26875
manner that the board member or employee reasonably believed was	26876
in or was not opposed to the best interests of the board; ~~and~~	26877

(2) With respect to any criminal action or proceeding, the	26878
board member or employee had no reason to believe the board	26879
member's or employee's conduct was unlawful.	26880

(B) Against any expenses, including attorneys' fees, the	26881
board member or employee actually and reasonably incurs as a	26882
result of a suit or other proceeding involving the defense of any	26883
action or inaction in the capacity of board member or employee or	26884
at the request of the board, or in defense of any claim, issue, or	26885
matter raised in connection with the defense of such an action or	26886
inaction, to the extent that the board member or employee is	26887
successful on the merits or otherwise.	26888

Sec. 340.12. No board of alcohol, drug addiction, and mental	26889
health services or any ~~agency, corporation, or association~~	26890
addiction or mental health services provider under contract with	26891
such a board shall discriminate in the provision of services under	26892
its authority, in employment, or contract on the basis of race,	26893
color, creed, sex, ~~creed,~~national origin, or disability~~, or~~	26894
~~national origin~~.	26895

Each board,and each community addiction or mental health	26896
~~agency, and each alcohol and drug addiction program~~services	26897
provider shall have a written affirmative action program. The	26898
affirmative action program shall include goals for the employment	26899
and effective utilization of, including contracts with, members of	26900
economically disadvantaged groups as defined in division (E)(1) of	26901
section 122.71 of the Revised Code in percentages reflecting as	26902
nearly as possible the composition of the alcohol, drug addiction,	26903
and mental health service district served by the board. Each	26904
board~~, agency,~~ and ~~program~~provider shall file a description of	26905
the affirmative action program and a progress report on its	26906
implementation with the department of ~~mental health or the~~	26907
~~department of alcohol and drug addiction services~~mental health	26908
and addiction services.	26909

Sec. 340.13. (A) As used in this section~~, "minority~~:

26910

(1) "Minority business enterprise" has the same meaning as in	26911
~~division (E)(1) of~~ section 122.71 of the Revised Code.	26912

(2) "EDGE business enterprise" has the same meaning as in	26913
section 123.152 of the Revised Code.	26914

(B) Any minority business enterprise that desires to bid on a	26915
contract under division (C) ~~or (D)~~ of this section shall first	26916
apply to the equal employment opportunity coordinator in the	26917
department of administrative services for certification as a	26918
minority business enterprise. Any EDGE business enterprise that	26919
desires to bid on a contract under division (D) of this section	26920
shall first apply to the equal employment opportunity coordinator	26921
of the department of administrative services for certification as	26922
an EDGE business enterprise. The coordinator shall approve the	26923
application of any minority business enterprise or EDGE business	26924
enterprise that complies with the rules adopted under section	26925
122.71 or 123.152 of the Revised Code, respectively. The	26926
coordinator shall prepare and maintain a list of minority business	26927
enterprises and EDGE business enterprises certified under ~~this~~	26928
~~section~~those sections.	26929

(C) From the contracts to be awarded for the purchases of	26930
equipment, materials, supplies, or services, other than contracts	26931
entered into under section 340.03 ~~or 340.033~~ of the Revised Code,	26932
each board of alcohol, drug addiction, and mental health services	26933
shall select a number of contracts with an aggregate value of	26934
approximately fifteen per cent of the total estimated value of	26935
contracts to be awarded in the current fiscal year. The board	26936
shall set aside the contracts so selected for bidding by minority	26937
business enterprises only. The bidding procedures for such	26938
contracts shall be the same as for all other contracts awarded	26939
under section 307.86 of the Revised Code, except that only	26940
minority business enterprises certified and listed ~~under~~pursuant	26941
to division (B) of this section shall be qualified to submit bids.	26942

(D) To the extent that a board is authorized to enter into	26943
contracts for construction, the board shall ~~set aside a number of~~	26944
~~contracts~~strive to attain a yearly contract dollar procurement	26945
goal the aggregate value of which equals approximately five per	26946
cent of the aggregate value of construction contracts for the	26947
current fiscal year for ~~bidding by minority~~EDGE business	26948
enterprises only. ~~The bidding procedures for the contracts set~~	26949
~~aside for minority business enterprises shall be the same as for~~	26950
~~all other contracts awarded by the board, except that only~~	26951
~~minority business enterprises certified and listed under division~~	26952
~~(B) of this section shall be qualified to submit bids.~~	26953

(E)(1) In the case of contracts set aside under ~~divisions~~	26954
division (C) ~~and (D)~~ of this section, if no bid is submitted by a	26955
minority business enterprise, the contract shall be awarded	26956
according to normal bidding procedures. The board shall from time	26957
to time set aside such additional contracts as are necessary to	26958
replace those contracts previously set aside on which no minority	26959
business enterprise bid.	26960

(2) If a board, after having made a good faith effort, is	26961
unable to comply with the goal of procurement for contracting with	26962
EDGE business enterprises pursuant to division (D) of this	26963
section, the board may apply in writing, on a form prescribed by	26964
the department of administrative services, to the director of	26965
mental health and addiction services for a waiver or modification	26966
of the goal.	26967

(F) This section does not preclude any minority business	26968
enterprise or EDGE business enterprise from bidding on any other	26969
contract not specifically set aside for minority business	26970
enterprises or subject to procurement goals for EDGE business	26971
enterprises.	26972

(G) Within ninety days after the beginning of each fiscal	26973
year, each board shall file a report with the department of ~~mental~~	26974
~~health~~mental health and addiction services that shows for that	26975
fiscal year the name of each minority business enterprise and EDGE	26976
business enterprise with which the board entered into a contract,	26977
the value and type of each such contract, the total value of	26978
contracts awarded under divisions (C) and (D) of this section, the	26979
total value of contracts awarded for the purchases of equipment,	26980
materials, supplies, or services, other than contracts entered	26981
into under section 340.03 of the Revised Code, and the total value	26982
of contracts entered into for construction.	26983

(H) Any person who intentionally misrepresents ~~himself~~self	26984
as owning, controlling, operating, or participating in a minority	26985
business enterprise or an EDGE business enterprise for the purpose	26986
of obtaining contracts or any other benefits under this section	26987
shall be guilty of theft by deception as provided for in section	26988
2913.02 of the Revised Code.	26989

Sec. 340.15. (A) A public children services agency that	26990
identifies a child by a risk assessment conducted pursuant to	26991
section 5153.16 of the Revised Code as being at imminent risk of	26992
being abused or neglected because of an addiction of a parent,	26993
guardian, or custodian of the child to a drug of abuse or alcohol	26994
shall refer the child's addicted parent, guardian, or custodian	26995
and, if the agency determines that the child needs alcohol or	26996
other drug addiction services, the child to ~~an alcohol and drug~~a	26997
community addiction ~~program~~services provider certified by the	26998
department of ~~alcohol and drug addiction services~~mental health	26999
and addiction services under section ~~3793.06~~5119.36 of the	27000
Revised Code. A public children services agency that is sent a	27001
court order issued pursuant to division (B) of section 2151.3514	27002
of the Revised Code shall refer the addicted parent or other	27003
caregiver of the child identified in the court order to ~~an alcohol~~	27004
~~and drug~~a community addiction ~~program~~services provider	27005
certified by the department of ~~alcohol and drug addiction services~~	27006
mental health and addiction services under section ~~3793.06~~5119.36	27007
of the Revised Code. On receipt of a referral under this division	27008
and to the extent funding identified under division (A)(1) of	27009
section ~~340.033~~340.08 of the Revised Code is available, the	27010
~~program~~provider shall provide the following services to the	27011
addicted parent, guardian, custodian, or caregiver and child in	27012
need of ~~alcohol or other drug~~addiction services:	27013

(1) If it is determined pursuant to an initial screening to	27014
be needed, assessment and appropriate treatment;	27015

(2) Documentation of progress in accordance with a treatment	27016
plan developed for the addicted parent, guardian, custodian,	27017
caregiver, or child;	27018

(3) If the referral is based on a court order issued pursuant	27019
to division (B) of section 2151.3514 of the Revised Code and the	27020
order requires the specified parent or other caregiver of the	27021
child to submit to alcohol or other drug testing during, after, or	27022
both during and after, treatment, testing in accordance with the	27023
court order.	27024

(B) The services described in division (A) of this section	27025
shall have a priority as provided in the ~~alcohol and drug~~	27026
addiction and mental health services plan and budget established	27027
pursuant to ~~section 340.033~~sections 340.03 and 340.08 of the	27028
Revised Code. Once a referral has been received pursuant to this	27029
section, the public children services agency and the ~~alcohol or~~	27030
~~drug~~ addiction ~~program~~services provider shall, in accordance with	27031
42 C.F.R. Part 2, share with each other any information concerning	27032
the persons and services described in that division that the	27033
agency and ~~program~~provider determine are necessary to share. If	27034
the referral is based on a court order issued pursuant to division	27035
(B) of section 2151.3514 of the Revised Code, the results and	27036
recommendations of the ~~alcohol and drug~~ addiction ~~program~~	27037
services provider also shall be provided and used as described in	27038
division (D) of that section. Information obtained or maintained	27039
by the agency or ~~program~~provider pursuant to this section that	27040
could enable the identification of any person described in	27041
division (A) of this section is not a public record subject to	27042
inspection or copying under section 149.43 of the Revised Code.	27043

Sec. 340.16. ~~Not later than ninety days after September 5,~~	27044
~~2001, the~~The department of ~~mental health~~mental health and	27045
addiction services and the department of ~~job and family services~~	27046
medicaid shall adopt rules that establish requirements and	27047
procedures for prior notification and service coordination between	27048
public children services agencies and boards of alcohol, drug	27049
addiction, and mental health services when a public children	27050
services agency refers a child in its custody to a board for	27051
services funded by the board. The rules shall be adopted in	27052
accordance with Chapter 119. of the Revised Code.	27053

~~The department of mental health and department of job and~~	27054
~~family services shall collaborate in formulating a plan that~~	27055
~~delineates the funding responsibilities of public children~~	27056
~~services agencies and boards of alcohol, drug addiction, and~~	27057
~~mental health services for services provided under section~~	27058
~~5111.023 of the Revised Code to children in the custody of public~~	27059
~~children services agencies. The departments shall complete the~~	27060
~~plan not later than ninety days after September 5, 2001.~~	27061

Sec. 341.192. (A) As used in this section:

27062

(1) "Jail" means a county jail, or a multicounty,	27063
municipal-county, or multicounty-municipal correctional center.	27064

(2) ~~"Medical assistance program" has the same meaning as in~~	27065
~~section 2913.40 of the Revised Code.~~	27066

~~(3)~~ "Medical provider" means a physician, hospital,	27067
laboratory, pharmacy, or other health care provider that is not	27068
employed by or under contract to a county, municipal corporation,	27069
township, the department of youth services, or the department of	27070
rehabilitation and correction to provide medical services to	27071
persons confined in a jail or state correctional institution, or	27072
is in the custody of a law enforcement officer.	27073

~~(4)~~(3) "Necessary care" means medical care of a nonelective	27074
nature that cannot be postponed until after the period of	27075
confinement of a person who is confined in a jail or state	27076
correctional institution, or is in the custody of a law	27077
enforcement officer without endangering the life or health of the	27078
person.	27079

(B) If a physician employed by or under contract to a county,	27080
municipal corporation, township, the department of youth services,	27081
or the department of rehabilitation and correction to provide	27082
medical services to persons confined in a jail or state	27083
correctional institution determines that a person who is confined	27084
in the jail or state correctional institution or who is in the	27085
custody of a law enforcement officer prior to the person's	27086
confinement in a jail or state correctional institution requires	27087
necessary care that the physician cannot provide, the necessary	27088
care shall be provided by a medical provider. The county,	27089
municipal corporation, township, the department of youth services,	27090
or the department of rehabilitation and correction shall pay a	27091
medical provider for necessary care an amount not exceeding the	27092
authorized reimbursement rate for the same service established by	27093
the department of ~~job and family services~~medicaid under the	27094
~~medical assistance~~medicaid program.	27095

Sec. 349.01. As used in this chapter:

27096

(A) "New community" means a community or an addition to an	27097
existing community planned pursuant to this chapter so that it	27098
includes facilities for the conduct of industrial, commercial,	27099
residential, cultural, educational, and recreational activities,	27100
and designed in accordance with planning concepts for the	27101
placement of utility, open space, and other supportive facilities.	27102

In the case of a new community authority established within	27103
three years after March 22, 2012, the effective date of H.B. 225	27104
of the 129th general assembly, "new community" may mean a	27105
community or development of property planned under this chapter in	27106
relation to an existing community so that the community includes	27107
facilities for the conduct of community activities, and is	27108
designed in accordance with planning concepts for the placement of	27109
utility, open space, and other supportive facilities for the	27110
community.	27111

(B) "New community development program" means a program for	27112
the development of a new community characterized by well-balanced	27113
and diversified land use patterns and which includes land	27114
acquisition and land development, the acquisition, construction,	27115
operation, and maintenance of community facilities, and the	27116
provision of services authorized in this chapter.	27117

In the case of a new community authority established within	27118
three years after March 22, 2012, the effective date of H.B. 225	27119
of the 129th general assembly, a new community development program	27120
may take into account any existing community in relation to which	27121
a new community is developed for purposes of being characterized	27122
by well-balanced and diversified land use patterns.	27123

(C) "New community district" means the area of land described	27124
by the developer in the petition as set forth in division (A) of	27125
section 349.03 of the Revised Code for development as a new	27126
community and any lands added to the district by amendment of the	27127
resolution establishing the community authority.	27128

(D) "New community authority" means a body corporate and	27129
politic in this state, established pursuant to section 349.03 of	27130
the Revised Code and governed by a board of trustees as provided	27131
in section 349.04 of the Revised Code.	27132

(E) "Developer" means any person, organized for carrying out	27133
a new community development program who owns or controls, through	27134
leases of at least seventy-five years' duration, options, or	27135
contracts to purchase, the land within a new community district,	27136
or any municipal corporation, county, or port authority that owns	27137
the land within a new community district, or has the ability to	27138
acquire such land, either by voluntary acquisition or condemnation	27139
in order to eliminate slum, blighted, and deteriorated or	27140
deteriorating areas and to prevent the recurrence thereof. In the	27141
case of a new community authority established within three years	27142
after March 22, 2012, the effective date of H.B. 225 of the 129th	27143
general assembly, "developer" may mean a person, municipal	27144
corporation, county, or port authority that controls land within a	27145
new community district through leases of at least forty years'	27146
duration.	27147

(F) "Organizational board of commissioners" means~~, if the~~the	27148
following:	27149

(1) For a new community district that is located in only one	27150
county, the board of county commissioners of ~~such~~that county; if	27151

(2) For a new community district that is located in more than	27152
one county, a board consisting of the members of the board of	27153
county commissioners of each of the counties in which the district	27154
is located, provided that action of ~~such~~the board shall require a	27155
majority vote of the members of each separate board of county	27156
commissioners; or~~, if~~	27157

(3) For a new community district that is located entirely	27158
within the boundaries of a municipal corporation or for a new	27159
community district where more than half of the new community	27160
district is located within the boundaries of the most populous	27161
municipal corporation of a county, the legislative authority of	27162
the municipal corporation.	27163

(G) "Land acquisition" means the acquisition of real property	27164
and interests in real property as part of a new community	27165
development program.	27166

(H) "Land development" means the process of clearing and	27167
grading land, making, installing, or constructing water	27168
distribution systems, sewers, sewage collection systems, steam,	27169
gas, and electric lines, roads, streets, curbs, gutters,	27170
sidewalks, storm drainage facilities, and other installations or	27171
work, whether within or without the new community district, and	27172
the construction of community facilities.	27173

(I)(1) "Community facilities" means all real property,	27174
buildings, structures, or other facilities, including related	27175
fixtures, equipment, and furnishings, to be owned, operated,	27176
financed, constructed, and maintained under this chapter,	27177
including public, community, village, neighborhood, or town	27178
buildings, centers and plazas, auditoriums, day care centers,	27179
recreation halls, educational facilities, hospital facilities as	27180
defined in section 140.01 of the Revised Code, recreational	27181
facilities, natural resource facilities, including parks and other	27182
open space land, lakes and streams, cultural facilities, community	27183
streets, pathway and bikeway systems, pedestrian underpasses and	27184
overpasses, lighting facilities, design amenities, or other	27185
community facilities, and buildings needed in connection with	27186
water supply or sewage disposal installations or steam, gas, or	27187
electric lines or installation.	27188

(2) In the case of a new community authority established	27189
within three years after March 22, 2012, the effective date of	27190
H.B. 225 of the 129th general assembly, "community facilities" may	27191
mean, in addition to the facilities authorized in division (I)(1)	27192
of this section, any community facilities that are owned,	27193
operated, financed, constructed, or maintained for, relating to,	27194
or in furtherance of community activities, including, but not	27195
limited to, town buildings or other facilities, health care	27196
facilities including, but limited to, hospital facilities, and	27197
off-street parking facilities.	27198

(J) "Cost" as applied to a new community development program	27199
means all costs related to land acquisition and land development,	27200
the acquisition, construction, maintenance, and operation of	27201
community facilities and offices of the community authority, and	27202
of providing furnishings and equipment therefor, financing charges	27203
including interest prior to and during construction and for the	27204
duration of the new community development program, planning	27205
expenses, engineering expenses, administrative expenses including	27206
working capital, and all other expenses necessary and incident to	27207
the carrying forward of the new community development program.	27208

(K) "Income source" means any and all sources of income to	27209
the community authority, including community development charges	27210
of which the new community authority is the beneficiary as	27211
provided in section 349.07 of the Revised Code, rentals, user fees	27212
and other charges received by the new community authority, any	27213
gift or grant received, any moneys received from any funds	27214
invested by or on behalf of the new community authority, and	27215
proceeds from the sale or lease of land and community facilities.	27216

(L) "Community development charge" means:

27217

(1) A dollar amount which shall be determined on the basis of	27218
the assessed valuation of real property or interests in real	27219
property in a new community district sold, leased, or otherwise	27220
conveyed by the developer or the new community authority, the	27221
income of the residents of such property subject to such charge	27222
under section 349.07 of the Revised Code, if such property is	27223
devoted to residential uses or to the profits of any business, a	27224
uniform fee on each parcel of such real property originally sold,	27225
leased, or otherwise conveyed by the developer or new community	27226
authority, or any combination of the foregoing bases.	27227

(2) For a new community authority that is established within	27228
three years after March 22, 2012, the effective date of H.B. 225	27229
of the 129th general assembly, "community development charge"	27230
includes, in addition to the charges authorized in division (L)(1)	27231
of this section, a charge determined on the basis of all or a part	27232
of the income of the residents of real property within the new	27233
community district if such property is devoted to residential	27234
uses, or all or a part of the profits, gross receipts, or other	27235
revenues of any business operating in the new community district,	27236
including, but not limited to, rentals received from leases of	27237
real property located in the district. If a new community	27238
authority imposes a community development charge determined on the	27239
basis of rentals received from leases of real property,	27240
improvements of any real property located in the new community	27241
district and subject to that charge may not be exempted from	27242
taxation under section 5709.40, 5709.41, 5709.73, or 5709.78 of	27243
the Revised Code.	27244

(M) "Proximate city" means any city that, as of the date of	27245
filing of the petition under section 349.03 of the Revised Code,	27246
is the city with the greatest population located in the county in	27247
which the proposed new community district is located, is the city	27248
with the greatest population located in an adjoining county if any	27249
portion of such city is within five miles of any part of the	27250
boundaries of such district, or exercises extraterritorial	27251
subdivision authority under section 711.09 of the Revised Code	27252
with respect to any part of such district.	27253

In the case of a new community authority that is established	27254
within three years after March 22, 2012, the effective date of	27255
H.B. 225 of the 129th general assembly, "proximate city" may mean	27256
a municipal corporation in which, at the time of filing the	27257
petition under section 349.03 of the Revised Code, any portion of	27258
the proposed new community district is located, or, if at the time	27259
of that filing more than one-half of the proposed district is	27260
contained within a joint economic development district created	27261
under sections 715.70 to 715.83 of the Revised Code, the township	27262
containing the greatest portion of the territory of the joint	27263
economic development district.	27264

(N) "Community activities" means cultural, educational,	27265
governmental, recreational, residential, industrial, commercial,	27266
distribution and research activities, or any combination thereof	27267
that includes residential activities.	27268

Sec. 349.04. The following method of selecting a board of	27269
trustees is deemed to be a compelling state interest. Within ten	27270
days after the new community authority has been established, as	27271
provided in section 349.03 of the Revised Code, an initial board	27272
of trustees shall be appointed as follows: the organizational	27273
board of commissioners shall appoint by resolution at least three,	27274
but not more than six, citizen members of the board of trustees to	27275
represent the interests of present and future residents of the new	27276
community district and one member to serve as a representative of	27277
local government, and the developer shall appoint a number of	27278
members equal to the number of citizen members to serve as	27279
representatives of the developer. In the case of a new community	27280
authority established within three years after March 22, 2012, the	27281
citizen members may represent present and future employers within	27282
the new community district and any present or future residents of	27283
the district.	27284

Members shall serve two-year overlapping terms, with two of	27285
each of the initial citizen and developer members appointed to	27286
serve initial one-year terms. The organizational board of	27287
commissioners shall adopt, by further resolution adopted within	27288
one year of such resolution establishing such initial board of	27289
trustees, a method for selection of successor members thereof	27290
which determines the projected total population of the projected	27291
new community and meets the following criteria:	27292

(A) The appointed citizen members shall be replaced by	27293
elected citizen members according to a schedule established by the	27294
organizational board of commissioners calculated to achieve one	27295
such replacement each time the new community district gains a	27296
proportion, having a numerator of one and a denominator of twice	27297
the number of citizen members, of its projected total population	27298
until such time as all of the appointed citizen members are	27299
replaced.	27300

(B) Representatives of the developer shall be replaced by	27301
elected citizen members according to a schedule established by the	27302
organizational board of commissioners calculated to achieve one	27303
such replacement each time the new community district gains a	27304
proportion, having a numerator of one and a denominator equal to	27305
the number of developer members, of its projected total population	27306
until such time as all of the developer's representatives are	27307
replaced.	27308

(C) The representative of local government shall be replaced	27309
by an elected citizen member at the time the new community	27310
district gains three-quarters of its projected total population.	27311

Elected citizen members of the board of trustees shall be	27312
elected by a majority of the residents of the new community	27313
district voting at elections held at the times and in the manner	27314
provided in a resolution of the organizational board of	27315
commissioners. Each citizen member except an appointed citizen	27316
member shall be a qualified elector who resides within the new	27317
community district. ~~In the case of a new community authority for~~	27318
~~which a petition is filed within three years after March 22, 2012,~~	27319
~~the~~The organizational board of commissioners, by resolution, may	27320
adopt an alternative method of selecting or electing successor	27321
members of the board of trustees provided that if an alternative	27322
method of selection is adopted for a new community authority	27323
organized prior to March 22, 2012, the board of trustees of that	27324
authority shall be limited in the collection of a community	27325
development charge, collected pursuant to division (Q) of section	27326
349.06 of the Revised Code, and the issuance of bonds or notes,	27327
issued pursuant to section 349.08 of the Revised Code, to the	27328
amount or to the extent otherwise permitted for a board of	27329
trustees whose members are not elected by residents of the new	27330
community district. If the alternative method provides for the	27331
election of citizen members, the elections may be held at the	27332
times and in the manner provided in the petition or in a	27333
resolution of the organizational board of commissioners, and the	27334
elected citizen members shall be qualified electors who reside in	27335
the new community district.	27336

Citizen members shall not be employees of or have financial	27337
interest in the developer. If a vacancy occurs in the office of a	27338
member other than a member appointed by the developer, the	27339
organizational board of commissioners may appoint a successor	27340
member for the remainder of the unexpired term. Any appointed	27341
member of the board of trustees may at any time be removed by the	27342
organizational board of commissioners for misfeasance,	27343
nonfeasance, or malfeasance in office. Members appointed by the	27344
developer may also at any time be removed by the developer without	27345
a showing of cause.	27346

Each member of the board of trustees, before entering upon	27347
official duties, shall take and subscribe to an oath before an	27348
officer authorized to administer oaths in Ohio that the member	27349
will honestly and faithfully perform the duties of the member's	27350
office. Such oath shall be filed in the office of the clerk of the	27351
board of county commissioners in which the petition was filed.	27352
Upon taking the oath, the board of trustees shall elect one of its	27353
number as chairperson and another as vice-chairperson, and shall	27354
appoint suitable persons as secretary and treasurer who need not	27355
be members of the board. The treasurer shall be the fiscal officer	27356
of the authority. The board shall adopt by-laws governing the	27357
administration of the affairs of the new community authority. Each	27358
member of the board shall post a bond for the faithful performance	27359
of official duties and give surety therefor in such amount, but	27360
not less than ten thousand dollars, as the resolution creating	27361
such board shall prescribe.	27362

All of the powers of the new community authority shall be	27363
exercised by its board of trustees, but without relief of such	27364
responsibility, such powers may be delegated to committees of the	27365
board or its officers and employees in accordance with its	27366
by-laws. A majority of the board shall constitute a quorum, and a	27367
concurrence of a majority of a quorum in any matter within the	27368
board's duties is sufficient for its determination, provided a	27369
quorum is present when such concurrence is had and a majority of	27370
those members constituting such quorum are trustees not appointed	27371
by the developer. All trustees shall be empowered to vote on all	27372
matters within the authority of the board of trustees, and no vote	27373
by a member appointed by the developer shall be construed to give	27374
rise to civil or criminal liability for conflict of interest on	27375
the part of public officials.	27376

Sec. 351.021. (A) The resolution of the county commissioners	27377
creating a convention facilities authority, or any amendment or	27378
supplement to that resolution, may authorize the authority to levy	27379
one or both of the excise taxes authorized by division (B) of this	27380
section to pay the cost of one or more facilities; to pay	27381
principal, interest, and premium on convention facilities	27382
authority tax anticipation bonds issued to pay those costs; to pay	27383
the operating costs of the authority; to pay operating and	27384
maintenance costs of those facilities; and to pay the costs of	27385
administering the excise tax.	27386

(B) The board of directors of a convention facilities	27387
authority that has been authorized pursuant to resolution adopted,	27388
amended, or supplemented by the board of county commissioners	27389
pursuant to division (A) of this section may levy, by resolution	27390
adopted on or before December 31, 1988, either or both of the	27391
following:	27392

(1) Within the territory of the authority, an additional	27393
excise tax not to exceed four per cent on each transaction. The	27394
excise tax authorized by division (B)(1) of this section shall be	27395
in addition to any excise tax levied pursuant to section 5739.08	27396
or 5739.09 of the Revised Code, or division (B)(2) of this	27397
section.	27398

(2) Within that portion of any municipal corporation that is	27399
located within the territory of the authority or within the	27400
boundaries of any township that is located within the territory of	27401
the authority, which municipal corporation or township is levying	27402
any portion of the excise tax authorized by division (A) of	27403
section 5739.08 of the Revised Code, and with the approval, by	27404
ordinance or resolution, of the legislative authority of that	27405
municipal corporation or township, an additional excise tax not to	27406
exceed nine-tenths of one per cent on each transaction. The excise	27407
tax authorized by division (B)(2) of this section may be levied	27408
only if, on the effective date of the levy specified in the	27409
resolution making the levy, the amount being levied pursuant to	27410
division (A) of section 5739.08 of the Revised Code by each	27411
municipal corporation or township in which the tax authorized by	27412
division (B)(2) of this section will be levied, when added to the	27413
amount levied under division (B)(2) of this section, does not	27414
exceed three per cent on each transaction. The excise tax	27415
authorized by division (B)(2) of this section shall be in addition	27416
to any excise tax that is levied pursuant to section 5739.08 or	27417
5739.09 of the Revised Code, or division (B)(1) of this section.	27418

(C)(1) The board of directors of a convention facilities	27419
authority that is located in an eligible Appalachian county; that	27420
has been authorized pursuant to resolution adopted, amended, or	27421
supplemented by the board of county commissioners pursuant to	27422
division (A) of this section; and that is not levying a tax under	27423
division (B)(1) or (2) of this section may levy within the	27424
territory of the authority, by resolution adopted on or before	27425
December 31, 2005, an additional excise tax not to exceed three	27426
per cent on each transaction. The excise tax authorized under	27427
division (C)(1) of this section shall be in addition to any excise	27428
tax levied pursuant to section 5739.08 or 5739.09 of the Revised	27429
Code.	27430

As used in division (C)(1) of this section, "eligible	27431
Appalachian county" means a county in this state designated as	27432
being in the "Appalachian region" under the "Appalachian Regional	27433
Development Act of 1965," 79 Stat. 4, 40 U.S.C. App. 403, and	27434
having a population less than eighty thousand according to the	27435
most recent federal decennial census.	27436

(2) Division ~~(B)~~(C)(2) of this section applies only to a	27437
convention facilities authority located in a county with a	27438
population, according to the 2000 federal decennial census, of at	27439
least one hundred thirty-five thousand and not more than one	27440
hundred fifty thousand and containing entirely within its	27441
boundaries the territory of a municipal corporation with a	27442
population according to that census of more than fifty thousand.	27443
The board of directors of such a convention facilities authority,	27444
by resolution adopted on or before November 1, 2009, may levy	27445
within the territory of the authority an excise tax on	27446
transactions by which lodging by a hotel is or is to be furnished	27447
to transient guests at a rate not to exceed three per cent on such	27448
transactions for the same purposes for which a tax may be levied	27449
under division (B) of this section. The resolution may be adopted	27450
only if the board of county commissioners of the county, by	27451
resolution, authorizes the levy of the tax. The resolution of the	27452
board of county commissioners is subject to referendum as	27453
prescribed by sections 305.31 to 305.41 of the Revised Code. If,	27454
pursuant to those procedures, a referendum is to be held, the	27455
board's resolution does not take effect until approved by a	27456
majority of electors voting on the question. The convention	27457
facilities authority may adopt the resolution authorized by	27458
division (C)(2) of this section before the election, but the	27459
authority's resolution shall not take effect if the board of	27460
commissioners' resolution is not approved at the election. A tax	27461
levied under division (C)(2) of this section is in addition to any	27462
tax levied under section 5739.09 of the Revised Code.	27463

(D) The authority shall provide for the administration and	27464
allocation of an excise tax levied pursuant to division (B) or (C)	27465
of this section. All receipts arising from those excise taxes	27466
shall be expended for the purposes provided in, and in accordance	27467
with this section and section 351.141 of the Revised Code. An	27468
excise tax levied under division (B) or (C) of this section shall	27469
remain in effect at the rate at which it is levied for at least	27470
the duration of the period for which the receipts from the tax	27471
have been anticipated and pledged pursuant to section 351.141 of	27472
the Revised Code.	27473

(E) Except as provided in division (B)(2) of this section,	27474
the levy of an excise tax on each transaction pursuant to sections	27475
5739.08 and 5739.09 of the Revised Code does not prevent a	27476
convention facilities authority from levying an excise tax	27477
pursuant to division (B) or (C) of this section.	27478

(F) A convention facilities authority located in a county	27479
with a population greater than eighty thousand but less than	27480
ninety thousand according to the 2010 federal decennial census	27481
that levies a tax under division (B) of this section may amend the	27482
resolution levying the tax to allocate a portion of the revenue	27483
from the tax for support of tourism-related sites or facilities	27484
and programs operated by the county or a municipal corporation	27485
within the county in which the authority is located or for the	27486
purpose of leasing lands for county fairs, erecting buildings for	27487
county fair purposes, making improvements on a county fairground,	27488
or for any purpose connected with the use of a county fairground	27489
or with the management thereof by the county in which the	27490
authority is located. The revenue allocated by the authority for	27491
such purposes in a calendar year shall not exceed fifteen per cent	27492
of the total revenue from the tax in the preceding calendar year.	27493

Sec. 353.01. For purposes of this chapter:

27494

(A) "Lake facilities authority" means a body corporate and	27495
politic created pursuant to section 353.02 of the Revised Code.	27496

(B) "Watershed" means a watershed as determined by the United	27497
States geological survey.	27498

(C) "Impacted watershed" means a watershed meeting both of	27499
the following conditions:	27500

(1) The watershed contains a natural or man-made lake of at	27501
least one-half square mile that has experienced levels of	27502
microcystin toxins in excess of eighty parts-per-billion, as	27503
measured by the Ohio environmental protection agency, during the	27504
twenty-four month period immediately preceding the date the last	27505
resolution necessary for the creation of a lake facilities	27506
authority under section 353.02 of the Revised Code was adopted.	27507

(2) The watershed is partially or completely located within a	27508
state park, as defined in section 154.01 of the Revised Code, that	27509
has averaged at least four hundred thousand visitors per year for	27510
the four calendar years preceding the calendar year in which the	27511
last resolution necessary for the creation of a lake facilities	27512
authority under section 353.02 of the Revised Code was adopted.	27513

(D) "Impacted lake district" means the territory of all	27514
townships and municipal corporations having territory in an	27515
impacted watershed.	27516

(E) "Cost" as applied to a lake facilities authority facility	27517
means the cost of acquisition or construction of the facility; the	27518
cost of acquisition of all land, rights-of-way, property rights,	27519
easements, franchise rights, and interests required for such	27520
acquisition; the cost of demolishing or removing any buildings or	27521
structures on land so acquired, including the cost of acquiring	27522
any lands to which such buildings or structures may be moved; the	27523
cost of acquiring or constructing and equipping a principal office	27524
of the lake facilities authority; the cost of diverting highways,	27525
interchange of highways, and access roads to private property,	27526
including the cost of land or easements for the access roads, the	27527
cost of public utility and common carrier relocation or	27528
duplication, the cost of all machinery, furnishings, and	27529
equipment, financing charges, interest prior to and during any	27530
construction and for no more than eighteen months after completion	27531
of any construction; engineering; expenses of research and	27532
development with respect to an impacted lake district; legal	27533
expenses; expenses of developing or obtaining plans,	27534
specifications, engineering surveys, studies, and estimates of	27535
cost and revenues; expenses necessary or incident to determining	27536
the feasibility or practicability of acquiring or constructing the	27537
facility or remediating the impacted lake district; administrative	27538
expense; and such other expenses as may be necessary or incident	27539
to the acquisition or construction of the facility, the	27540
remediation of the impacted lake district and other activities	27541
authorized by this chapter, the financing of such acquisition,	27542
construction or remediation, including the amount authorized in	27543
the resolution of the lake facilities authority providing for the	27544
issuance of lake facilities authority revenue bonds to be paid	27545
into any special funds from the proceeds of such bonds and the	27546
financing of the placing of the facility in operation, the cost of	27547
issuing the bonds, and the financing of remediation and other	27548
purposes authorized by this chapter.	27549

(F) "Revenues" means all rentals and other charges received	27550
by the lake facilities authority with respect to an impacted	27551
watershed; any gift or grant received with respect to any impacted	27552
watershed; money received in repayment of, and for interest on,	27553
any loans made by the authority to a person or governmental	27554
agency, whether from the United States or any department,	27555
administration, or agency thereof, or otherwise; proceeds of lake	27556
facilities authority revenue bonds to the extent the use thereof	27557
for payment of principal or of premium, if any, or interest on the	27558
bonds is authorized by the authority; proceeds from any insurance,	27559
appropriation, or guaranty pertaining to an impacted watershed or	27560
property mortgaged to secure bonds or pertaining to the financing	27561
of any activities authorized under this chapter; income and profit	27562
from the investment of the proceeds of lake facilities authority	27563
revenue bonds or of any revenues; and contributions of service	27564
payments in lieu of taxes generated pursuant to section 5709.40,	27565
5709.41, 5709.73, or 5709.78 of the Revised Code, and all other	27566
nontax revenues paid or payable to the lake facilities authority.	27567

(G) "Lake facilities revenue bonds," unless the context	27568
indicates a different meaning or intent, includes revenue notes,	27569
revenue renewal notes, and revenue refunding bonds.	27570

(H) "Authorized purpose" means activities that remediate,	27571
rehabilitate, enhance, foster, aid, improve, provide, or promote	27572
an impacted watershed within the jurisdiction of the lake	27573
facilities authority, including, without limitation, research and	27574
development efforts related thereto.	27575

(I) "Lake facilities authority facility" or "facility" means	27576
real or personal property, or any combination thereof owned,	27577
leased, or otherwise controlled or financed by a lake facilities	27578
authority and directly related to an authorized purpose.	27579

Sec. 353.02. A lake facilities authority may be created by	27580
the board of county commissioners of a county that contains all of	27581
the territory of an impacted watershed. If the territory of an	27582
impacted watershed is contained within more than one county, a	27583
joint facilities lake authority may be created by resolution of	27584
the board of commissioners of each county in which the impacted	27585
watershed is located. A resolution creating a lake facilities	27586
authority must include a finding that the watershed sought to be	27587
improved or remediated pursuant to this chapter is an impacted	27588
watershed.	27589

A lake facilities authority created pursuant to this section	27590
is a body corporate and politic which may sue and be sued, plead	27591
and be impleaded, and has the powers and jurisdiction enumerated	27592
in this chapter. The exercise by an authority of the powers	27593
conferred upon it shall be deemed to be essential governmental	27594
functions of this state.	27595

Within sixty days after the creation of a lake facilities	27596
authority, the county engineer of each county with territory in	27597
the impacted watershed shall prepare a survey denoting the	27598
boundaries of the impacted watershed in the county. The survey	27599
shall include references to the county auditor's permanent parcel	27600
number designations as those parcel number designations correspond	27601
to the boundaries of the impacted watershed. If requested by the	27602
county engineer of each county with territory in the impacted	27603
watershed, the cost of such surveys shall be paid from the funds	27604
of the lake facilities authority pursuant to an agreement between	27605
the lake facilities authority and the county engineer of each	27606
county. Such funds may be advanced by the board of county	27607
commissioners of any county with territory in the impacted	27608
watershed.	27609

The county auditor of the county with the greatest amount of	27610
territory in the impacted watershed shall be the fiscal officer	27611
for the lake facilities authority. The county prosecutor of the	27612
county with the greatest amount of territory in the impacted	27613
watershed shall be the legal advisor of the lake facilities	27614
authority and shall prosecute and defend all suits and actions	27615
that the lake facilities authority directs or to which it is a	27616
party.	27617

Upon the creation of a lake facilities authority, no	27618
authority that is granted by law any powers or duties that are	27619
substantially the same as the powers and duties of a lake	27620
facilities authority may be created if its territorial	27621
jurisdiction includes any territory within the impacted lake	27622
district.	27623

Sec. 353.03. A lake facilities authority may do all of the	27624
following:	27625

(A) Acquire by purchase, lease, gift, or otherwise, on such	27626
terms and in such manner as it considers proper, real and personal	27627
property necessary for an authorized purpose or any estate,	27628
interest, or right therein, within or without the impacted lake	27629
district;	27630

(B) Improve, remediate, maintain, sell, lease, or otherwise	27631
dispose of real and personal property on such terms and in such	27632
manner as it considers proper;	27633

(C) Request that the department of natural resources, the	27634
environmental protection agency, or the department of agriculture	27635
adopt, modify, and enforce reasonable rules and regulations	27636
governing impacted watersheds;	27637

(D) Employ such managers, administrative officers, agents,	27638
engineers, architects, attorneys, contractors, subcontractors, and	27639
employees as may be appropriate in the exercise of the rights,	27640
powers, and duties conferred on it, prescribe the duties and	27641
compensation for such persons, require bonds to be given by any	27642
such persons and by officers of the authority for the faithful	27643
performance of their duties, and fix the amount and surety	27644
therefor, and pay the surety;	27645

(E) Sue and be sued in its corporate name;

27646

(F)(1) Make and enter into all contracts and agreements and	27647
execute all instruments relating to the provisions of this	27648
chapter;	27649

(2) Except as provided otherwise under divisions (F)(2) and	27650
(3) of this section, when the cost of a contract for the	27651
construction of any building, structure, or other improvement	27652
undertaken by a lake facilities authority involves an expenditure	27653
exceeding twenty-five thousand dollars, and the lake facilities	27654
authority is the contracting authority, the lake facilities	27655
authority shall make a written contract after notice calling for	27656
bids for the award of the contract has been given by publication	27657
twice, with at least seven days between publications, in a	27658
newspaper of general circulation in the impacted lake district.	27659
Each such contract shall be awarded to the lowest responsive and	27660
responsible bidder in accordance with section 9.312 of the Revised	27661
Code. The board of directors by rule may provide criteria for the	27662
negotiation and award without competitive bidding of any contract	27663
as to which the lake facilities authority is the contracting	27664
authority for the construction of any building or structure or	27665
other improvement under any of the following circumstances:	27666

(a) There exists a real and present emergency that threatens	27667
damage to property or injury to persons of the lake facilities	27668
authority or other persons, provided that a statement specifying	27669
the nature of the emergency that is the basis for the negotiation	27670
and award of a contract without competitive bidding shall be	27671
signed at the time of the contract's execution by the officer of	27672
the lake facilities authority that executes the contract and shall	27673
be attached to the contract.	27674

(b) A commonly recognized industry or other standard or	27675
specification does not exist and cannot objectively be articulated	27676
for the improvement.	27677

(c) The contract is for any energy conservation measure as	27678
defined in section 307.041 of the Revised Code.	27679

(d) With respect to material to be incorporated into the	27680
improvement, only a single source or supplier exists for the	27681
material.	27682

(e) A single bid is received by the lake facilities authority	27683
after complying with the above provisions.	27684

(3) In addition to the exceptions to competitive bidding	27685
requirements under division (F)(2) of this section, a lake	27686
facilities authority may contract for the acquisition or	27687
construction of any property for an authorized purpose and for the	27688
leasing, subleasing, sale, or other disposition of the property in	27689
a manner determined by the lake facilities authority in its sole	27690
discretion, without necessity for competitive bidding or	27691
performance bonds.	27692

(4) With respect to any public improvement undertaken by, or	27693
under contract for, the lake facilities authority, the authority	27694
may elect to apply sections 4115.03 to 4115.21 of the Revised	27695
Code.	27696

(G) Accept aid or contributions from any source of money,	27697
property, labor, or other things of value, to be held, used, and	27698
applied only for the purposes for which the grants and	27699
contributions are made;	27700

(H) Apply for and accept grants, loans, or commitments of	27701
guarantee or insurance, including any guarantees of lake	27702
facilities authority bonds and notes, from the United States, the	27703
state, or other public body or other sources, and provide any	27704
consideration which may be required in order to obtain such	27705
grants, loans, or contracts of guarantee or insurance;	27706

(I) Procure insurance against loss to the lake facilities	27707
authority by reason of damage to its properties resulting from	27708
fire, theft, accident, or other casualties, or by reason of its	27709
liability for any damages to persons or property occurring in the	27710
construction or operation of facilities or areas under its	27711
jurisdiction or the conduct of its activities;	27712

(J) Maintain such funds or reserves as it considers necessary	27713
for the efficient performance of its duties;	27714

(K) Enforce any covenants, of which the lake facilities	27715
authority is the beneficiary, running with the land.	27716

(L) Issue securities for the remediation of an impacted	27717
watershed and directly related permanent improvements in	27718
compliance with Chapter 133. of the Revised Code, except that such	27719
bonds or notes may be issued only pursuant to a vote of the	27720
electors residing within the impacted lake district. The net	27721
indebtedness incurred by a lake facilities authority pursuant to	27722
this division may not exceed one-tenth of one per cent of the	27723
total value of all property within the territory comprising the	27724
impacted lake district as listed and assessed for taxation.	27725

(M) Issue lake facilities authority revenue bonds beyond the	27726
limit of bonded indebtedness provided by law, payable solely from	27727
revenues as provided in section 353.09 of the Revised Code for the	27728
purpose of providing funds to pay costs of any facility or	27729
facilities or parts thereof;	27730

(N) Advise and provide input to political subdivisions within	27731
the impacted lake district with respect to zoning and land use	27732
planning within the impacted lake district;	27733

(O) Enter into agreements for the management, ownership,	27734
possession, or control of lands or property to be used for wetland	27735
mitigation banking;	27736

(P) Adopt and modify rules and regulations to carry out the	27737
authority granted to the lake facilities authority under this	27738
section.	27739

Sec. 353.04. (A) Upon the creation of a lake facilities	27740
authority under section 353.02 of the Revised Code, a board of	27741
directors consisting of the county commissioners of each county	27742
with territory in the impacted lake district shall be created.	27743
Membership on the board is not a direct or indirect interest in a	27744
contract or expenditure of money by the county. Notwithstanding	27745
any provision of law to the contrary, no member of the board shall	27746
be disqualified from holding any public office or employment by	27747
reason of membership on the board. The board is a public body for	27748
the purposes of section 121.22 of the Revised Code and a public	27749
office for the purposes of section 149.43 of the Revised Code.	27750
Notwithstanding those sections, the board may hold closed meetings	27751
and protect the confidentiality of information under the same	27752
circumstances as authorized for a community improvement	27753
corporation under section 1724.11 of the Revised Code. Chapter	27754
2744. of the Revised Code applies to the board. Each year, the	27755
board shall prepare an annual report of its activities and make it	27756
available to the public.	27757

(B) A board of directors shall consult with the advisory	27758
council created under this division in performing the remediation	27759
and other activities authorized by this chapter.	27760

Not later than sixty days after the creation of the board of	27761
directors, the board shall provide written notice of its creation	27762
to the legislative authority of each political subdivision with	27763
territory in the impacted lake district. The notice shall describe	27764
the process for the appointment of an advisory council. Upon	27765
receipt of such notice, the legislative authority of each	27766
political subdivision with territory in the impacted lake district	27767
shall appoint one representative each to serve on the advisory	27768
council. The representative need not be an elected or appointed	27769
official of the political subdivision.	27770

Sec. 353.05. The board of directors of a lake facilities	27771
authority, by resolution, may propose the levy of a tax upon the	27772
taxable property in the impacted lake district pursuant to section	27773
5705.55 of the Revised Code.	27774

Sec. 353.06. As used in this section, "hotel" and "transient	27775
guests" have the same meanings as in section 5739.01 of the	27776
Revised Code.	27777

A resolution creating a lake facilities authority under	27778
section 353.02 of the Revised Code, or any amendments or	27779
supplements thereto, may authorize the authority to levy an excise	27780
tax on transactions by which lodging in a hotel is or is to be	27781
furnished to transient guests to pay any costs authorized under	27782
this chapter; to pay principal, interest, and premium on lake	27783
facilities authority tax anticipation bonds issued to pay those	27784
costs; to pay the operating costs of the authority; and to pay the	27785
costs of administering the tax.	27786

Upon the affirmative vote of at least a majority of the	27787
qualified electors in a primary or general election within the	27788
impacted lake district voting at an election held for the purpose	27789
of authorizing the tax, the board of directors of a lake	27790
facilities authority authorized to levy a tax under this section	27791
may, by resolution, levy an additional excise tax within the	27792
territory of the impacted lake district on all transactions by	27793
which lodging in a hotel is or is to be furnished to transient	27794
guests. The rate of the tax, when added to the aggregate rate of	27795
excise taxes levied in the impacted lake district pursuant to	27796
section 351.021, 5739.08, or 5739.09 of the Revised Code, shall	27797
not cause the total aggregate rate to exceed five per cent on any	27798
such transaction.	27799

The lake facilities authority shall provide for the	27800
administration and allocation of a tax levied pursuant to this	27801
section. All receipts arising from the tax shall be expended for	27802
the purposes provided in, and in accordance with, this section. An	27803
excise tax levied under this section shall remain in effect at the	27804
rate at which it is levied for at least the duration of the period	27805
for which the receipts from the tax have been anticipated and	27806
pledged pursuant to section 353.08 of the Revised Code.	27807

The form of the ballot in an election held on the question of	27808
levying a tax proposed pursuant to this section shall be as	27809
follows or in any other form acceptable to the secretary of state:	27810

"An excise tax on all transactions by which lodging in a	27811
hotel is or is to be furnished to transient guests within the	27812
territory of the (name of impacted lake district) ........... for	27813
the purpose of .......... at a rate of ......... for ............	27814
(number of years the tax is to be levied).	27815

27816

		For the Excise Tax			27817
		Against the Excise Tax	"		27818

Sec. 353.07. The director of natural resources may transfer	27819
real property owned by the state to a lake facilities authority	27820
for the purpose of promoting wetland banking, wildlife, or	27821
sporting activities. The division of wildlife within the	27822
department of natural resources may enter into an agreement with a	27823
lake facilities authority to establish wetland or natural areas to	27824
benefit wildlife or sporting activities. The agreement may be	27825
entered as part of, or in conjunction with, a mitigation banking	27826
program.	27827

Sec. 353.08. A lake facilities authority that levies a tax	27828
authorized by sections 353.05 and 5705.55 or section 353.06 of the	27829
Revised Code may, by resolution, anticipate the proceeds of the	27830
tax and issue lake facilities authority anticipation bonds, and	27831
notes anticipating the proceeds or the bonds, in the principal	27832
amount that, in the opinion of the authority, are necessary for	27833
the purpose of paying the cost of an authorized purpose, and that	27834
the authority is able to pay over the term of the issue with the	27835
interest on the bonds or notes, or in the case of notes	27836
anticipating bonds over the term of the bonds, by the estimated	27837
amount of the taxes anticipated. The taxes are determined by the	27838
general assembly to satisfy any applicable requirement of Section	27839
11 of Article XII, Ohio Constitution.	27840

Every issue of outstanding anticipation bonds shall be	27841
payable out of the proceeds of the taxes anticipated and other	27842
revenues of the authority that are pledged for such payment. The	27843
pledge shall be valid and binding from the time the pledge is	27844
made, and the anticipated excise taxes and revenues so pledged and	27845
thereafter received by the authority immediately shall be subject	27846
to the lien of that pledge without any physical delivery of those	27847
taxes and revenues or further act. The lien of any pledge is valid	27848
and binding as against all parties having claims of any kind in	27849
tort, contract, or otherwise against the authority, whether or not	27850
such parties have notice of the lien. Neither the resolution nor	27851
any trust agreement by which a pledge is created need be filed or	27852
recorded except in the authority's records.	27853

The anticipation bonds shall bear such date or dates, and	27854
shall mature at such time or times, in the case of any such notes	27855
or any renewals of such notes not exceeding twenty years from the	27856
date of issue of such original notes and in the case of any such	27857
bonds or any refunding bonds not exceeding forty years from the	27858
date of the original issue of notes or bonds for the purpose, and	27859
shall be executed in the manner that the resolution authorizing	27860
the bonds may provide. The anticipation bonds shall bear interest	27861
at such rates, or at a variable rate or rates changing from time	27862
to time, in accordance with provisions provided in the authorizing	27863
resolution, be in such denominations and form, either coupon or	27864
registered, carry such registration privileges, be payable in such	27865
medium of payment and at such place or places, and be subject to	27866
such terms of redemption, as the authority may authorize or	27867
provide.	27868

Sec. 353.09. A lake facilities authority at any time may	27869
issue lake facilities authority revenue bonds in such principal	27870
amounts as, in the opinion of the lake facilities authority, are	27871
necessary for the purpose of paying the cost of one or more lake	27872
facilities authority facilities or parts thereof. A lake	27873
facilities authority at any time may issue renewal notes, issue	27874
bonds to retire its notes and, whenever it considers refunding	27875
expedient, refund any bonds by the issuance of lake facilities	27876
authority revenue refunding bonds, whether the bonds to be	27877
refunded have or have not matured, and issue lake facilities	27878
authority revenue bonds partly to refund outstanding bonds and	27879
partly for any other authorized purpose. The lake facilities	27880
authority revenue refunding bonds shall be sold and the proceeds	27881
applied to the purchase, redemption, or payment of the bonds to be	27882
refunded. Lake facilities authority revenue bonds shall be special	27883
obligations of the lake facilities authority payable out of the	27884
revenues of the lake facilities authority that are pledged for	27885
such payment. The pledge shall be valid and binding from the time	27886
the pledge is made and the revenues so pledged and thereafter	27887
received by the lake facilities authority immediately shall be	27888
subject to the lien of the pledge without any physical delivery	27889
thereof or further act, and the lien of the pledge is valid and	27890
binding as against all parties having claims of any kind in tort,	27891
contract, or otherwise against the lake facilities authority,	27892
irrespective of whether those parties have notice thereof. Neither	27893
the resolution nor any trust agreement by which a pledge is	27894
created need be filed or recorded except in the records of the	27895
lake facilities authority.	27896

Whether or not the lake facilities authority revenue bonds	27897
are of such form and character as to be negotiable instruments,	27898
the lake facilities authority revenue bonds shall have all the	27899
qualities and incidents of negotiable instruments, subject only to	27900
the provisions of the bonds for registration.	27901

The lake facilities authority revenue bonds shall be	27902
authorized by resolution of the lake facilities authority, and	27903
shall bear interest at such rate or rates, shall bear such date or	27904
dates, and shall mature at such time or times, and in such number	27905
of installments as may be provided in or pursuant to that	27906
resolution. The final maturity of any lake facilities authority	27907
revenue bond in the form of a note and any renewals thereof shall	27908
not exceed five years from the date of issue of the original note.	27909
The final maturity of any issue of lake facilities authority	27910
revenue bonds shall not be later than forty-five years from the	27911
date of issue of the original issue of bonds. Any such bonds or	27912
notes shall be executed in a manner as the resolution or	27913
resolutions may provide. The lake facilities authority revenue	27914
bonds shall be in such denominations, be in such form, either	27915
coupon or registered, carry such registration privileges, be	27916
payable in such medium of payment, at such place or places, and be	27917
subject to such terms of redemption as may be provided in or	27918
pursuant to the resolution authorizing their issuance. Lake	27919
facilities authority revenue bonds of the lake facilities	27920
authority may be sold by the lake facilities authority, at public	27921
or private sale, at or at not less than a price or prices as the	27922
lake facilities authority determines. In case any officer whose	27923
signature or a facsimile of whose signature appears on any bonds,	27924
notes, or coupons, ceases to be such officer before delivery of	27925
bonds or notes, the signature or facsimile shall nevertheless be	27926
sufficient for all purposes the same as if the officer had	27927
remained in office until such delivery, and in case the seal of	27928
the lake facilities authority has been changed after a facsimile	27929
has been imprinted on such bonds or notes, the facsimile seal will	27930
continue to be sufficient for all purposes.	27931

Any resolution or resolutions authorizing any lake facilities	27932
authority revenue bonds or any issue of bonds may contain	27933
provisions, subject to any agreements with bondholders as may then	27934
exist, which provisions shall be a part of the contract with the	27935
holders of bonds, as to the pledging of all or any part of the	27936
revenues of the lake facilities authority to secure the payment of	27937
the lake facilities authority bonds or of any issue of the bonds;	27938
the use and disposition of revenues of the lake facilities	27939
authority; a covenant to fix, alter, and collect rentals and other	27940
charges so that pledged revenues will be sufficient to pay costs	27941
of operation, maintenance, and repairs, pay principal of and	27942
interest on bonds secured by the pledge of such revenues, and	27943
provide any reserves that may be required by the applicable	27944
resolution or trust agreement; the setting aside of reserve funds,	27945
sinking funds, or replacement and improvement funds and the	27946
regulation and disposition thereof; the crediting of the proceeds	27947
of the sale of bonds to and among the funds referred to or	27948
provided for in or pursuant to the resolution authorizing the	27949
issuance of the bonds or notes; the use, lease, sale, or other	27950
disposition of any lake facilities authority facility or any other	27951
assets of the lake facilities authority; limitations on the	27952
purpose to which the proceeds of sale of bonds may be applied and	27953
the pledging of those proceeds to secure the payment of the bonds	27954
or of any issue of the bonds; as to notes issued in anticipation	27955
of the issuance of bonds, the agreement of the lake facilities	27956
authority to do all things necessary for the authorization,	27957
issuance, and sale of the bonds in amounts that may be necessary	27958
for the timely retirement of the notes; limitations on the	27959
issuance of additional bonds; the terms upon which additional	27960
bonds may be issued and secured; the refunding of outstanding	27961
bonds; the procedure, if any, by which the terms of any contract	27962
with bondholders may be amended or abrogated, the amount of bonds	27963
the holders of which must consent thereto, and the manner in which	27964
such consent may be given; limitations on the amount of moneys to	27965
be expended by the lake facilities authority for operating,	27966
administrative, or other expenses of the lake facilities	27967
authority; securing any bonds or notes by a trust agreement; and	27968
any other matters, of like or different character, that in any way	27969
affect the security or protection of the bonds or notes.	27970

Neither the board of directors of the lake facilities	27971
authority nor any person executing the bonds shall be liable	27972
personally on the bonds or be subject to any personal liability or	27973
accountability by reason of the issuance thereof.	27974

The issuance of lake facilities authority revenue bonds under	27975
this section need not comply with any other law applicable to the	27976
issuance of bonds or notes.	27977

Sec. 353.10. (A) With respect to facilities, and their	27978
financing, for an authorized purpose, under agreements whereby the	27979
person to whom the facility is to be leased, subleased, or sold,	27980
or to whom a loan is to be made for the facility, is to make	27981
payments sufficient to pay all of the principal of, premium, if	27982
any, and interest on the lake facilities authority revenue bonds	27983
issued for the facility, the lake facilities authority, in	27984
addition to other powers under this chapter, may do any of the	27985
following:	27986

(1) Make loans for the acquisition or construction of the	27987
facility to such person upon such terms as the lake facilities	27988
authority may determine or authorize including secured or	27989
unsecured loans, and, in connection therewith, enter into loan	27990
agreements and other agreements, accept notes and other forms of	27991
obligation to evidence such indebtedness and mortgages, liens,	27992
pledges, assignments, or other security interests to secure such	27993
indebtedness, which may be prior or subordinate to or on a parity	27994
with other indebtedness, obligations, mortgages, pledges,	27995
assignments, other security interests, or liens or encumbrances,	27996
and take actions it considers appropriate to protect such security	27997
and safeguard against losses, including, without limitation,	27998
foreclosure and the bidding upon and purchase of property upon	27999
foreclosure or other sale;	28000

(2) Sell the facility under such terms as it may determine,	28001
including, without limitation, sale by conditional sale or	28002
installment sale, under which title may pass prior to or after	28003
completion of the facility or payment or provisions for payment of	28004
all principal of, premium, if any, and interest on the bonds, or	28005
at any other time provided in the agreement pertaining to the	28006
sale, and including sale under an option to purchase at a price	28007
which may be a nominal amount or less than true value at the time	28008
of purchase;	28009

(3) Grant a mortgage, lien, or other encumbrance on, or	28010
pledge or assignment of, or other security interest with respect	28011
to, all or any part of the facility, revenues, reserve funds, or	28012
other funds established in connection with the bonds, or on, of,	28013
or with respect to any lease, sublease, sale, conditional sale or	28014
installment sale agreement, loan agreement, or other agreement	28015
pertaining to the lease, sublease, sale, or other disposition of a	28016
facility or pertaining to a loan made for a facility, or any	28017
guaranty or insurance agreement made with respect thereto, or any	28018
interest of the lake facilities authority therein, or any other	28019
interest granted, assigned, or released to secure payments of the	28020
principal of, premium, if any, or interest on the bonds or to	28021
secure any other payments to be made by the lake facilities	28022
authority, which mortgage, lien, encumbrance, pledge, assignment,	28023
or other security interest may be prior or subordinate to or on a	28024
parity with any other mortgage, assignment, or other security	28025
interest, or lien or encumbrance;	28026

(4) Provide that the interest on the bonds may be at a	28027
variable rate or rates changing from time to time in accordance	28028
with a base or formula as authorized by the lake facilities	28029
authority;	28030

(5) Contract for the acquisition or construction of the	28031
facility or any part thereof and for the leasing, subleasing,	28032
sale, or other disposition of the facility in a manner determined	28033
by the lake facilities authority in its sole discretion, without	28034
necessity for competitive bidding or performance bonds;	28035

(6) Make appropriate provision for adequate maintenance of	28036
the facility.	28037

(B) With respect to the facilities referred to in this	28038
section, the authority granted by this section is cumulative and	28039
supplementary to all other authority granted in this chapter. The	28040
authority granted by this section does not alter or impair any	28041
similar authority granted elsewhere in this chapter for or with	28042
respect to other facilities.	28043

Sec. 353.11. In the discretion of the lake facilities	28044
authority, any lake facilities authority revenue bonds issued	28045
under this chapter may be secured by a trust agreement between the	28046
lake facilities authority and a corporate trustee that may be any	28047
trust company or bank having the powers of a trust company within	28048
or without the state.	28049

The trust agreement may pledge or assign revenues of the lake	28050
facilities authority to be received and may convey or mortgage any	28051
facility or any part thereof. The trust agreement or any	28052
resolution providing for the issuance of such bonds may contain	28053
any provisions for protecting and enforcing the rights and	28054
remedies of the bondholders as are reasonable and proper and not	28055
in violation of law, including covenants setting forth the duties	28056
of the lake facilities authority in relation to the acquisition of	28057
property, the construction, improvement, maintenance, repair,	28058
operation, and insurance of the facility in connection with which	28059
the bonds are authorized, the rentals or other charges to be	28060
imposed for the use or services of any facility, the custody,	28061
safeguarding, and application of all moneys, and provisions for	28062
the employment of consulting engineers in connection with the	28063
construction or operation of the facility.	28064

Any bank or trust company incorporated under the laws of this	28065
state that may act as depository of the proceeds of bonds or of	28066
revenues may furnish any indemnifying bonds or may pledge any	28067
securities that are required by the lake facilities authority. The	28068
trust agreement may set forth the rights and remedies of the	28069
bondholders and of the trustee, and may restrict the individual	28070
right of action by bondholders as is customary in trust agreements	28071
or trust indentures securing similar bonds. The trust agreement	28072
may contain any other provisions that the lake facilities	28073
authority determines reasonable and proper for the security of the	28074
bondholders. All expenses incurred in carrying out the provisions	28075
of the trust agreement may be treated as a part of the cost of the	28076
operation of the facility.	28077

Sec. 353.12. Any holder of lake facilities authority revenue	28078
bonds issued under sections 353.09 to 353.15 of the Revised Code,	28079
or any of the coupons pertaining to those bonds, and the trustee	28080
under any trust agreement, except to the extent the rights given	28081
by those sections may be restricted by the applicable resolution	28082
or that trust agreement, may by suit, action, mandamus, or other	28083
proceedings, protect and enforce any rights under the laws of the	28084
state or granted under those sections, the trust agreement, or the	28085
resolution authorizing the issuance of the bonds, and may enforce	28086
and compel the performance of all duties required by those	28087
sections, or by the trust agreement or resolution, to be performed	28088
by the lake facilities authority or any officer of the lake	28089
facilities authority, including the fixing, charging, and	28090
collecting of rentals or other charges.	28091

Sec. 353.13. Lake facilities authority revenue bonds issued	28092
under sections 353.09 to 353.15 of the Revised Code do not	28093
constitute a debt, or a pledge of the faith and credit, of the	28094
state or any political subdivision of the state. The holders or	28095
owners of the bonds have no right to have taxes levied by the	28096
general assembly or taxing authority of any political subdivision	28097
of the state for the payment of the principal of or interest on	28098
the bonds. The bonds are payable solely from the revenues and	28099
funds pledged for their payment as authorized by this chapter,	28100
unless the revenue bonds are notes issued in anticipation of the	28101
issuance of the bonds, or the revenue bonds are refunded by	28102
refunding bonds issued under section 353.09 of the Revised Code,	28103
provided that the refunding bonds shall be payable solely from	28104
revenues and funds pledged for their payment as authorized by that	28105
section. All bonds shall contain on the face thereof a statement	28106
to the effect that the bonds, as to both principal and interest,	28107
are not debts of the state or any political subdivision of the	28108
state, but are payable solely from revenues and funds pledged for	28109
their payment.	28110

Sec. 353.14. All moneys, funds, properties, and assets	28111
acquired by the lake facilities authority under this chapter,	28112
whether as proceeds from the sale of lake facilities authority	28113
revenue bonds or as revenues, or otherwise, shall be held by it in	28114
trust for the purposes of carrying out its powers and duties,	28115
shall be used and reused as provided in this chapter, and shall at	28116
no time be part of other public funds. Such funds, except as	28117
otherwise provided in any resolution authorizing its lake	28118
facilities authority revenue bonds or in any trust agreement	28119
securing those bonds, or except when invested pursuant to section	28120
353.15 of the Revised Code, shall be kept in depositories selected	28121
by the lake facilities authority in the manner provided in Chapter	28122
135. of the Revised Code for the selection of eligible public	28123
depositories, and the deposits shall be secured as provided in	28124
that chapter. The resolution authorizing the issuance of such	28125
bonds or the trust agreement securing the bonds shall provide that	28126
any officer to whom, or any bank or trust company to which, such	28127
money is paid shall act as trustee of the money and hold and apply	28128
the money for the purposes for which the bonds are issued, subject	28129
to such conditions as Chapter 135. of the Revised Code and such	28130
resolutions or trust agreement provide.	28131

Sec. 353.15. Except as otherwise provided in any resolution	28132
authorizing the issuance of its lake facilities authority revenue	28133
bonds or in any trust agreement securing the bonds, moneys in the	28134
funds of the lake facilities authority in excess of current needs	28135
may be invested as permitted by sections 135.01 to 135.21 of the	28136
Revised Code or invested in linked deposit programs established by	28137
resolution of the board of directors in accordance with section	28138
135.80 of the Revised Code. Income from all investments of moneys	28139
in any fund shall be credited to funds as the lake facilities	28140
authority determines, subject to the provisions of any such	28141
resolution or trust agreement, and the investments may be sold at	28142
any time the lake facilities authority determines.	28143

Sec. 353.16. Bonds of a lake facilities authority and lake	28144
facilities authority revenue bonds are lawful investments of	28145
banks, societies for savings, trust companies, savings and loan	28146
associations, deposit guaranty associations, trustees,	28147
fiduciaries, trustees or other officers having charge of the bond	28148
retirement funds or sinking funds of port authorities and	28149
political subdivisions, and taxing districts of this state, the	28150
commissioners of the sinking fund of this state, the administrator	28151
of workers' compensation, the state teachers retirement system,	28152
the school employees retirement system, the public employees	28153
retirement system, the Ohio police and fire pension fund, and	28154
insurance companies, including domestic life insurance companies	28155
and domestic insurance companies other than life, and are	28156
acceptable as security for the deposit of public moneys.	28157

Sec. 511.261. If a township park district enters into an	28158
agreement for the sale or lease of mineral rights regarding a park	28159
within the district, any royalties or other moneys resulting from	28160
the sale or lease shall be deposited into a special fund that the	28161
board of park commissioners shall establish under division (F) of	28162
section 5705.09 of the Revised Code. The fund shall be used	28163
exclusively for maintenance of parks within the district and for	28164
the acquisition of new park lands.	28165

Sec. 517.271. Notwithstanding section 517.22 of the Revised	28166
Code, the company, association, or religious society that most	28167
recently owned and operated a cemetery currently owned by a board	28168
of township trustees may petition the probate court of the county	28169
in which the cemetery is located to transfer the ownership of the	28170
cemetery to the petitioner.	28171

If the court determines that the petitioner has met all of	28172
the following conditions, the court shall transfer the ownership	28173
of the cemetery to the petitioner and shall order the board to	28174
give the petitioner all necessary records and documents concerning	28175
the cemetery, including records of the board's sale of any lots	28176
pursuant to section 517.07 of the Revised Code:	28177

(A) The petitioner has the financial resources necessary to	28178
operate and maintain the cemetery;	28179

(B) The petitioner is in compliance with all applicable laws	28180
and administrative rules concerning the owners and operators of	28181
cemeteries, including registration under section 4767.02 of the	28182
Revised Code; and	28183

28184

Sec. 715.013. (A) Except as otherwise expressly authorized by	28185
the Revised Code, no municipal corporation shall levy a tax that	28186
is the same as or similar to a tax levied under Chapter 322.,	28187
3734., 3769., 4123., 4141., 4301., 4303., 4305., 4307., 4309.,	28188
5707., 5725., 5726., 5727., 5728., 5729., 5731., 5735., 5736.,	28189
5737., 5739., 5741., 5743., or 5749., or 5751. of the Revised	28190
Code.	28191

(B) This section does not prohibit a municipal corporation	28192
from levying a tax on any of the following:	28193

(1) Amounts received for admission to any place;

28194

(2) The income of an electric company or combined company, as	28195
defined in section 5727.01 of the Revised Code;	28196

(3) On and after January 1, 2004, the income of a telephone	28197
company, as defined in section 5727.01 of the Revised Code.	28198

Sec. 715.691. (A) As used in this section:

28199

(1) "Contracting party" means a municipal corporation that	28200
has entered into a joint economic development zone contract or any	28201
party succeeding to the municipal corporation, or a township that	28202
entered into a joint economic development zone contract with a	28203
municipal corporation.	28204

(2) "Zone" means a joint economic development zone designated	28205
under this section.	28206

(B) This section provides alternative procedures and	28207
requirements for creating and operating a joint economic	28208
development zone to those set forth in section 715.69 of the	28209
Revised Code. This section applies only if one of the contracting	28210
parties to the zone does not levy a municipal income tax under	28211
Chapter 718. of the Revised Code. A municipal corporation that	28212
does not levy a municipal income tax may enter into an agreement	28213
to create and operate a joint economic development zone under this	28214
section or under section 715.69 of the Revised Code.	28215

Two or more municipal corporations or one or more townships	28216
and one or more municipal corporations may enter into a contract	28217
whereby they agree to share in the costs of improvements for an	28218
area or areas located in one or more of the contracting parties	28219
that they designate as a joint economic development zone for the	28220
purpose of facilitating new or expanded growth for commercial or	28221
economic development in the state. The contract and zone shall	28222
meet the requirements of divisions (B) to (J) of this section.	28223

(C) The contract shall set forth each contracting party's	28224
contribution to the joint economic development zone. The	28225
contributions may be in any form that the contracting parties	28226
agree to, and may include, but are not limited to, the provision	28227
of services, money, or equipment. The contract may be amended,	28228
renewed, or terminated with the consent of the contracting	28229
parties. The contract shall continue in existence throughout the	28230
term it specifies and shall be binding on the contracting parties	28231
and on any entities succeeding to the contracting parties.	28232

(D) Before the legislative authority of any of the	28233
contracting parties enacts an ordinance or resolution approving a	28234
contract to designate a joint economic development zone, the	28235
legislative authority of each of the contracting parties shall	28236
hold a public hearing concerning the contract and zone. Each	28237
legislative authority shall provide at least thirty days' public	28238
notice of the time and place of the public hearing in a newspaper	28239
of general circulation in the municipal corporation or township.	28240
During the thirty-day period prior to the public hearing, all of	28241
the following documents shall be available for public inspection	28242
in the office of the clerk of the legislative authority of a	28243
municipal corporation that is a contracting party and in the	28244
office of the fiscal officer of a township that is a contracting	28245
party:	28246

(1) A copy of the contract designating the zone;

28247

(2) A description of the area or areas to be included in the	28248
zone, including a map in sufficient detail to denote the specific	28249
boundaries of the area or areas;	28250

(3) An economic development plan for the zone that includes a	28251
schedule for the provision of any new, expanded, or additional	28252
services, facilities, or improvements.	28253

A public hearing held under division (D) of this section	28254
shall allow for public comment and recommendations on the contract	28255
and zone. The contracting parties may include in the contract any	28256
of those recommendations prior to approval of the contract.	28257

(E) After the public hearings required under division (D) of	28258
this section have been held, each contracting party may enact an	28259
ordinance or resolution approving the contract to designate a	28260
joint economic development zone. After each contracting party has	28261
enacted an ordinance or resolution, the clerk of the legislative	28262
authority of a municipal corporation that is a contracting party	28263
and the fiscal officer of a township that is a contracting party	28264
shall file with the board of elections of each county within which	28265
a contracting party is located a copy of the ordinance or	28266
resolution approving the contract and shall direct the board of	28267
elections to submit the ordinance or resolution to the electors of	28268
the contracting party on the day of the next general, primary, or	28269
special election occurring at least ninety days after the	28270
ordinance or resolution is filed with the board of elections. If	28271
any of the contracting parties is a township, however, then only	28272
the township or townships shall submit the resolution to the	28273
electors.	28274

(F)(1) If a vote is required to approve a municipal	28275
corporation as a contracting party to a joint economic development	28276
zone under this section, the ballot shall be in the following	28277
form:	28278

"Shall the ordinance of the legislative authority of the	28279
(city or village) of (name of contracting party) approving the	28280
contract with (name of each other contracting party) for the	28281
designation of a joint economic development zone be approved?	28282

28283

		FOR THE ORDINANCE AND CONTRACT			28284
		AGAINST THE ORDINANCE AND CONTRACT	"		28285

28286

(2) If a vote is required to approve a township as a	28287
contracting party to a joint economic development zone under this	28288
section, the ballot shall be in the following form:	28289

"Shall the resolution of the board of township trustees of	28290
the township of (name of contracting party) approving the contract	28291
with (name of each other contracting party) for the designation of	28292
a joint economic development zone be approved?	28293

28294

		FOR THE RESOLUTION AND CONTRACT			28295
		AGAINST THE RESOLUTION AND CONTRACT	"		28296

28297

If a majority of the electors of each contracting party	28298
voting on the issue vote for the ordinance or resolution and	28299
contract, the ordinance or resolution shall become effective	28300
immediately and the contract shall go into effect immediately or	28301
in accordance with its terms.	28302

(G)(1) A board of directors shall govern each joint economic	28303
development zone created under section 715.691 of the Revised	28304
Code. The members of the board shall be appointed as provided in	28305
the contract. Each of the contracting parties shall appoint three	28306
members to the board. Terms for each member shall be for two	28307
years, each term ending on the same day of the month of the year	28308
as did the term that it succeeds. A member may be reappointed to	28309
the board.	28310

(2) Membership on the board is not the holding of a public	28311
office or employment within the meaning of any section of the	28312
Revised Code or any charter provision prohibiting the holding of	28313
other public office or employment. Membership on the board is not	28314
a direct or indirect interest in a contract or expenditure of	28315
money by a municipal corporation, township, county, or other	28316
political subdivision with which a member may be affiliated.	28317
Notwithstanding any provision of law or a charter to the contrary,	28318
no member of the board shall forfeit or be disqualified from	28319
holding any public office or employment by reason of membership on	28320
the board.	28321

(3) The board is a public body for the purposes of section	28322
121.22 of the Revised Code. Chapter 2744. of the Revised Code	28323
applies to the board and the zone.	28324

(H) The contract may grant to the board of directors	28325
appointed under division (G) of this section the power to adopt a	28326
resolution to levy an income tax within the zone. The income tax	28327
shall be used for the purposes of the zone and for the purposes of	28328
the contracting ~~municipal corporations~~parties pursuant to the	28329
contract. The income tax may be levied in the zone based on income	28330
earned by persons working within the zone and on the net profits	28331
of businesses located in the zone. The income tax is subject to	28332
Chapter 718. of the Revised Code, except that a vote shall be	28333
required by the electors residing in the zone to approve the rate	28334
of income tax unless a majority of the electors residing within	28335
the zone, as determined by the total number of votes cast in the	28336
zone for the office of governor at the most recent general	28337
election for that office, submit a petition to the board	28338
requesting that the election provided for in division (H)(1) of	28339
this section not be held. If no electors reside within the zone,	28340
then division (H)(3) of this section applies. The rate of the	28341
income tax shall be no higher than the highest rate being levied	28342
by a municipal corporation that is a party to the contract.	28343

(1) The board of directors may levy an income tax at a rate	28344
that is not higher than the highest rate being levied by a	28345
municipal corporation that is a party to the contract, provided	28346
that the rate of the income tax is first submitted to and approved	28347
by the electors of the zone at the succeeding regular or primary	28348
election, or a special election called by the board, occurring	28349
subsequent to ninety days after a certified copy of the resolution	28350
levying the income tax and calling for the election is filed with	28351
the board of elections. If the voters approve the levy of the	28352
income tax, the income tax shall be in force for the full period	28353
of the contract establishing the zone. No election shall be held	28354
under this section if a majority of the electors residing within	28355
the zone, determined as specified in division (H) of this section,	28356
submit a petition to that effect to the board of directors. Any	28357
increase in the rate of an income tax by the board of directors	28358
shall be approved by a vote of the electors of the zone and shall	28359
be in force for the remaining period of the contract establishing	28360
the zone.	28361

(2) Whenever a zone is located in the territory of more than	28362
one contracting party, a majority vote of the electors in each of	28363
the several portions of the territory of the contracting parties	28364
constituting the zone approving the levy of the tax is required	28365
before it may be imposed under division (H) of this section.	28366

(3) If no electors reside in the zone, no election for the	28367
approval or rejection of an income tax shall be held under this	28368
section, provided that where no electors reside in the zone, the	28369
rate of the income tax shall be no higher than the highest rate	28370
being levied by a municipal corporation that is a party to the	28371
contract.	28372

(4) The board of directors of a zone levying an income tax	28373
shall enter into an agreement with one of the municipal	28374
corporations that is a party to the contract to administer,	28375
collect, and enforce the income tax on behalf of the zone.	28376

(5) The board of directors of a zone shall publish or post	28377
public notice within the zone of any resolution adopted levying an	28378
income tax in the same manner required of municipal corporations	28379
under sections 731.21 and 731.25 of the Revised Code.	28380

(I)(1) If for any reason a contracting party reverts to or	28381
has its boundaries changed so that it is classified as a township	28382
that is the entity succeeding to that contracting party, the	28383
township is considered to be a municipal corporation for the	28384
purposes of the contract for the full period of the contract	28385
establishing the joint economic development zone, except that if	28386
that contracting party is administering, collecting, and enforcing	28387
the income tax on behalf of the district as provided in division	28388
(H)(4) of this section, the contract shall be amended to allow one	28389
of the other contracting parties to administer, collect, and	28390
enforce that tax.	28391

(2) Notwithstanding any other section of the Revised Code, if	28392
there is any change in the boundaries of a township so that a	28393
municipal corporation once located within the township is no	28394
longer so located, the township shall remain in existence even	28395
though its remaining unincorporated area contains less than	28396
twenty-two square miles, if the township has been or becomes a	28397
party to a contract creating a joint economic development zone	28398
under this section or the contract creating that joint economic	28399
development zone under this section is terminated or repudiated	28400
for any reason by any party or person. The township shall continue	28401
its existing status in all respects, including having the same	28402
form of government and the same elected board of trustees as its	28403
governing body. The township shall continue to receive all of its	28404
tax levies and sources of income as a township in accordance with	28405
any section of the Revised Code, whether the levies and sources of	28406
income generate millage within the ten-mill limitation or in	28407
excess of the ten-mill limitation. The name of the township may be	28408
changed to the name of the contracting party appearing in the	28409
contract creating a joint economic development zone under this	28410
section, so long as the name does not conflict with any other name	28411
in the state that has been certified by the secretary of state.	28412
The township shall have all of the powers set out in sections	28413
715.79, 715.80, and 715.81 of the Revised Code.	28414

(J) If, after creating and operating a joint economic	28415
development zone under this section, a contracting party that did	28416
not levy a municipal income tax under Chapter 718. of the Revised	28417
Code levies such a tax, the tax shall not apply to the zone for	28418
the full period of the contract establishing the zone, if the	28419
board of directors of the zone has levied an income tax as	28420
provided in division (H) of this section.	28421

Sec. 721.01. Municipal corporations have special power to	28422
sell or lease real estate or to sell personal property belonging	28423
to the municipal corporation, when such real estate or personal	28424
property is not needed for any municipal purpose. Such power shall	28425
be exercised in the manner provided by ~~sections 721.01 to 721.26,~~	28426
~~inclusive, of the Revised Code~~this chapter.	28427

Sec. 721.03. No contract, except as provided in section	28428
721.28 of the Revised Code, for the sale or lease of real estate	28429
belonging to a municipal corporation shall be made unless	28430
authorized by an ordinance, approved by a two-thirds vote of the	28431
members of the legislative authority of such municipal	28432
corporation, and by the board or officer having supervision or	28433
management of such real estate. When the contract is so	28434
authorized, it shall be made in writing by such board or officer,	28435
and, except as provided in section 721.27 or 721.29 of the Revised	28436
Code, only with the highest bidder, after advertisement once a	28437
week for five consecutive weeks in a newspaper of general	28438
circulation within the municipal corporation or as provided in	28439
section 7.16 of the Revised Code. Such board or officer may reject	28440
any bids and readvertise until all such real estate is sold or	28441
leased.	28442

Sec. 721.29. The legislative authority of a city may sell to	28443
a board of county commissioners real estate belonging to the city	28444
that is no longer needed for city purposes upon such lawful terms	28445
as are agreed upon between the city and the board of county	28446
commissioners, without competitive bidding as required by section	28447
721.03 of the Revised Code. No such sale shall be made unless the	28448
contract for the sale is authorized by ordinance, approved by a	28449
two-thirds vote of the members of the legislative authority of the	28450
city, and by the board or officer having supervision or management	28451
of the real estate.	28452

Sec. 731.091. (A) The legislative authority of a village may,	28453
by the adoption of an ordinance or resolution to eliminate	28454
staggered terms of office, determine that all members of the	28455
legislative authority shall be elected at the same municipal	28456
election as provided for in this section.	28457

(B) At the regular municipal election occurring not less than	28458
ninety days after the certification of the ordinance or resolution	28459
to the board of elections eliminating staggered terms of office,	28460
the following apply:	28461

(1) If there are six members of the legislative authority,	28462
~~three~~the number of members eligible for election at that regular	28463
municipal election shall be elected ~~at the next regular municipal~~	28464
~~election for~~to two-year nonstaggered terms, and all members of	28465
the legislative authority shall be elected to four-year	28466
nonstaggered terms at all following municipal elections.	28467

(2) If there are five members of the legislative authority,	28468
~~three~~a number of members that is one less than the number of	28469
members that would otherwise be eligible for election at that	28470
regular municipal election but for the first-time implementation	28471
of the new membership of five, or, in the case of a village that	28472
has previously reduced its number of members to five, then the	28473
number of members eligible for election at that regular municipal	28474
election shall be elected ~~at the next municipal election for~~to	28475
two-year nonstaggered terms, and all members shall be elected to	28476
four-year nonstaggered terms at all following municipal elections.	28477

Sec. 737.41. (A) The legislative authority of a municipal	28478
corporation in which is established a municipal court, other than	28479
a county-operated municipal court, that has a department of	28480
probation shall establish in the municipal treasury a municipal	28481
probation services fund. The fund shall contain all moneys paid to	28482
the treasurer of the municipal corporation under section 2951.021	28483
of the Revised Code for deposit into the fund. The treasurer of	28484
the municipal corporation shall disburse the money contained in	28485
the fund at the request of the municipal court department of	28486
probation, for use only by that department for specialized staff,	28487
purchase of equipment, purchase of services, reconciliation	28488
programs for offenders and victims, other treatment programs,	28489
including ~~alcohol and drug~~community addiction ~~programs~~services	28490
providers certified under section ~~3793.06~~5119.36 of the Revised	28491
Code, determined to be appropriate by the chief probation officer,	28492
and other similar expenses related to placing offenders under a	28493
community control sanction.	28494

(B) Any money in a municipal probation services fund at the	28495
end of a fiscal year shall not revert to the treasury of the	28496
municipal corporation but shall be retained in the fund.	28497

28498

(1) "County-operated municipal court" has the same meaning as	28499
in section 1901.03 of the Revised Code.	28500

(2) "Community control sanction" has the same meaning as in	28501
section 2929.01 of the Revised Code.	28502

Sec. 742.14. (A) The board of trustees of the Ohio police	28503
and fire pension fund shall have prepared triennially by or under	28504
the supervision of an actuary an actuarial valuation of the	28505
pension assets, liabilities, and funding requirements of the Ohio	28506
police and fire pension fund as established pursuant to sections	28507
742.01 to 742.61 of the Revised Code. The actuary shall complete	28508
the valuation in accordance with actuarial standards of practice	28509
promulgated by the actuarial standards board of the American	28510
academy of actuaries and prepare a report of the valuation. The	28511
report shall include all of the following:	28512

(1) A summary of the benefit provisions evaluated;

28513

(2) A summary of the census data and financial information	28514
used in the valuation;	28515

(3) A description of the actuarial assumptions, actuarial	28516
cost method, and asset valuation method used in the valuation,	28517
including a statement of the assumed rate of payroll growth and	28518
assumed rate of growth or decline in the number of members of the	28519
fund contributing to the pension fund;	28520

(4) A summary of findings that includes a statement of the	28521
actuarial accrued pension liabilities and unfunded actuarial	28522
accrued pension liabilities;	28523

(5) A schedule showing the effect of any changes in the	28524
benefit provisions, actuarial assumptions, or cost methods since	28525
the last triennial actuarial valuation;	28526

(6) A statement of whether employee and employer	28527
contributions to the pension fund are expected to be sufficient to	28528
satisfy the funding objectives established by the board.	28529

The first triennial report shall be made not later than	28530
November 1, 2013, to the Ohio retirement study council, the	28531
director of budget and management, and the standing committees of	28532
the house of representatives and the senate with primary	28533
responsibility for retirement legislation immediately upon its	28534
availability and thereafter triennially, not later than the first	28535
day of November.	28536

(B) At such times as the board determines, and at least once	28537
in each quinquennial period, the board shall have prepared by or	28538
under the supervision of an actuary an actuarial investigation of	28539
the mortality, service, and other experience of the members of the	28540
fund and of other system retirants, as defined in section 742.26	28541
of the Revised Code, who are members of a police department or a	28542
fire department to update the actuarial assumptions used in the	28543
actuarial valuation required by division (A) of this section. The	28544
actuary shall prepare a report of the actuarial investigation. The	28545
report shall be prepared and any recommended changes in actuarial	28546
assumptions shall be made in accordance with the actuarial	28547
standards of practice promulgated by the actuarial standards board	28548
of the American academy of actuaries. The report shall include all	28549
of the following:	28550

(1) A summary of relevant decrement and economic assumption	28551
experience observed over the period of the investigation;	28552

(2) Recommended changes in actuarial assumptions to be used	28553
in subsequent actuarial valuations required by division (A) of	28554
this section;	28555

(3) A measurement of the financial effect of the recommended	28556
changes in actuarial assumptions;	28557

(4) If the investigation required by this division includes	28558
the investigation required by division (E) of this section, a	28559
report of the result of that investigation.	28560

The board shall submit the report to the Ohio retirement	28561
study council and the standing committees of the house of	28562
representatives and the senate with primary responsibility for	28563
retirement legislation not later than the first day of November	28564
following the last fiscal year of the period the report covers.	28565

(C) The board shall have prepared by or under the supervision	28566
of an actuary an actuarial analysis of any introduced legislation	28567
expected to have a measurable financial impact on the pension	28568
fund. The actuarial analysis shall be completed in accordance with	28569
the actuarial standards of practice promulgated by the actuarial	28570
standards board of the American academy of actuaries. The actuary	28571
shall prepare a report of the actuarial analysis, which shall	28572
include all of the following:	28573

(1) A summary of the statutory changes that are being	28574
evaluated;	28575

(2) A description of or reference to the actuarial	28576
assumptions and actuarial cost method used in the report;	28577

(3) A description of the participant group or groups included	28578
in the report;	28579

(4) A statement of the financial impact of the legislation,	28580
including the resulting increase, if any, in the employer normal	28581
cost percentage; the increase, if any, in actuarial accrued	28582
liabilities; and the per cent of payroll that would be required to	28583
amortize the increase in actuarial accrued liabilities as a level	28584
per cent of covered payroll for all active members of the fund	28585
over a period not to exceed thirty years;	28586

(5) A statement of whether the scheduled contributions to the	28587
system after the proposed change is enacted are expected to be	28588
sufficient to satisfy the funding objectives established by the	28589
board.	28590

Not later than sixty days from the date of introduction of	28591
the legislation, the board shall submit a copy of the actuarial	28592
analysis to the legislative service commission, the standing	28593
committees of the house of representatives and the senate with	28594
primary responsibility for retirement legislation, and the Ohio	28595
retirement study council.	28596

(D) The board shall have prepared triennially a report giving	28597
a full accounting of the revenues and costs relating to the	28598
provision of benefits under section 742.45 of the Revised Code.	28599
The first triennial report shall be made as of December 31, 2013,	28600
and the thirty-first day of December triennially thereafter. The	28601
report shall include the following:	28602

(1) A description of the statutory authority for the benefits	28603
provided;	28604

(2) A summary of the benefits;

28605

(3) A summary of the eligibility requirements for the	28606
benefits;	28607

(4) A statement of the number of participants eligible for	28608
the benefits;	28609

(5) A description of the accounting, asset valuation, and	28610
funding method used to provide the benefits;	28611

(6) A statement of the net assets available for the provision	28612
of the benefits as of the last day of the fiscal year;	28613

(7) A statement of any changes in the net assets available	28614
for the provision of benefits, including participant and employer	28615
contributions, net investment income, administrative expenses, and	28616
benefits provided to participants, as of the last day of the	28617
fiscal year;	28618

(8) For the last six consecutive fiscal years, a schedule of	28619
the net assets available for the benefits, the annual cost of	28620
benefits, administrative expenses incurred, and annual employer	28621
contributions allocated for the provision of benefits;	28622

(9) A description of any significant changes that affect the	28623
comparability of the report required under this division;	28624

(10) A statement of the amount paid under division (B) of	28625
section 742.45 of the Revised Code.	28626

The board shall submit the report to the Ohio retirement	28627
study council, the director of budget and management, and the	28628
standing committees of the house of representatives and the senate	28629
with primary responsibility for retirement legislation immediately	28630
upon its availability and not later than the thirtieth day of June	28631
following the year for which the report was made.	28632

(E) At least once in each quinquennial period, the board	28633
shall have prepared by or under the supervision of an actuary an	28634
actuarial investigation of the deferred retirement option plan	28635
established under section 742.43 of the Revised Code. The	28636
investigation shall include an examination of the financial	28637
impact, if any, on the fund of offering the plan to members.	28638

The actuary shall prepare a report of the actuarial	28639
investigation. The report shall include a determination of whether	28640
the plan, as established or modified, has a negative financial	28641
impact on the fund and, if so, recommendations on how to modify	28642
the plan to eliminate the negative financial impact. If the	28643
actuarial report indicates that the plan has a negative financial	28644
impact on the fund, the board may modify the plan or cease to	28645
allow members who have not already done so to elect to participate	28646
in the plan. The firefighter and police officers employers'	28647
contributions shall not be increased to offset any negative	28648
financial impact of the plan.	28649

If the board ceases to allow members to elect to participate	28650
in the plan, the rights and obligations of members who have	28651
already elected to participate shall not be altered.	28652

The board may include the actuarial investigation required	28653
under this division as part of the actuarial investigation	28654
required under division (B) of this section. If the report of the	28655
actuarial investigation required by this division is not included	28656
in the report required by division (B) of this section, the board	28657
shall submit the report required by this division to the Ohio	28658
retirement study council and the standing committees of the house	28659
of representatives and the senate with primary responsibility for	28660
retirement legislation not later than the first day of November	28661
following the last fiscal year of the period the report covers.	28662

Sec. 743.50. (A) A municipal corporation that has established	28663
and implemented a watershed management program with regard to	28664
reservoirs for drinking water shall not include in the program any	28665
prohibition against maintenance of property that constitutes a	28666
buffer around a body of water that is part of such a reservoir by	28667
an owner of property that is contiguous to the buffer.	28668

(B) A municipal corporation that has established and	28669
implemented a watershed management program with regard to	28670
reservoirs for drinking water shall not include in the program any	28671
prohibition against mowing grass, weeds, or other vegetation on	28672
municipal property that constitutes a buffer around a body of	28673
water that is part of such a reservoir by owners of property	28674
contiguous to the buffer.	28675

(C) No peace officer or other official with authority to cite	28676
trespassers on municipal property described in this section may	28677
issue a civil or criminal citation to any individual who enters	28678
municipal property buffering a reservoir for the sole purpose of	28679
mowing grass, weeds, or other vegetation in an effort to beautify	28680
the municipal property that is contiguous to property owned by the	28681
individual.	28682

Sec. 755.06. (A) The board of park commissioners shall have	28683
the expenditures of all moneys appropriated by the legislative	28684
authority of the city or received from any other source for the	28685
purchase, acquisition, improvement, maintenance, equipment, or	28686
enjoyment of all property mentioned in section 755.05 of the	28687
Revised Code, but no liability shall be incurred or expenditure	28688
made unless the money required therefor is in the treasury to the	28689
credit of the park fund and not appropriated for any other	28690
purpose.	28691

(B) Notwithstanding division (A) of this section, if the	28692
legislative authority of a municipal corporation enters into an	28693
agreement for the sale or lease of mineral rights regarding lands	28694
that the board of park commissioners manages or controls, any	28695
royalties or other moneys resulting from the sale or lease shall	28696
be deposited into a special fund that the legislative authority	28697
shall establish under division (F) of section 5705.09 of the	28698
Revised Code. The board of park commissioners shall use the fund	28699
exclusively for maintenance of lands that the board manages or	28700
controls and for the acquisition of new park lands.	28701

Sec. 901.21. (A) As used in this section and section 901.22	28702
of the Revised Code:	28703

(1) "Agricultural easement" has the same meaning as in	28704
section 5301.67 of the Revised Code.	28705

(2) "Agriculture" means those activities occurring on land	28706
devoted exclusively to agricultural use, as defined in section	28707
5713.30 of the Revised Code, or on land that constitutes a	28708
homestead.	28709

(3) "Homestead" means the portion of a farm on which is	28710
located a dwelling house, yard, or outbuildings such as a barn or	28711
garage.	28712

(B) The director of agriculture may acquire real property	28713
used predominantly in agriculture and agricultural easements by	28714
gift, devise, or bequest if, at the time an easement is granted,	28715
such an easement is on land that is valued for purposes of real	28716
property taxation at its current value for agricultural use under	28717
section 5713.31 of the Revised Code or that constitutes a	28718
homestead. Any terms may be included in an agricultural easement	28719
so acquired that are necessary or appropriate to preserve on	28720
behalf of the grantor of the easement the favorable tax	28721
consequences of the gift, devise, or bequest under the "Internal	28722
Revenue Act of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	28723
The director, by any such means or by purchase or lease, may	28724
acquire, or acquire the use of, stationary personal property or	28725
equipment that is located on land acquired in fee by the director	28726
under this section and that is necessary or appropriate for the	28727
use of the land predominantly in agriculture.	28728

(C) The director may include, in an agricultural easement	28729
acquired under division (B) of this section, a provision to	28730
preserve a unique natural or physical feature on the land so long	28731
as the use of the land remains predominantly agricultural.	28732

(D) The director may do all things necessary or appropriate	28733
to retain the use of real property acquired in fee under division	28734
(B) of this section predominantly in agriculture, including,	28735
without limitation, performing any of the activities described in	28736
division (A)(1) or (2) of section 5713.30 of the Revised Code or	28737
entering into contracts to lease or rent the real property so	28738
acquired to persons or governmental entities that will use the	28739
land predominantly in agriculture.	28740

~~(D)~~(E)(1) When the director considers it to be necessary or	28741
appropriate, the director may sell real property acquired in fee,	28742
and stationary personal property or equipment acquired by gift,	28743
devise, bequest, or purchase, under division (B) of this section	28744
on such terms as the director considers to be advantageous to this	28745
state.	28746

(2) An agricultural easement acquired under division (B) of	28747
this section may be extinguished under the circumstances	28748
prescribed, and in accordance with the terms and conditions set	28749
forth, in the instrument conveying the agricultural easement.	28750

~~(E)~~(F) There is hereby created in the state treasury the	28751
agricultural easement purchase fund. The fund shall consist of the	28752
proceeds received from the sale of real and personal property	28753
under division ~~(D)~~(E) of this section; moneys received due to the	28754
extinguishment of agricultural easements acquired by the director	28755
under division (B) of this section or section 5301.691 of the	28756
Revised Code; moneys received due to the extinguishment of	28757
agricultural easements purchased with the assistance of matching	28758
grants made under section 901.22 of the Revised Code; gifts,	28759
bequests, devises, and contributions received by the director for	28760
the purpose of acquiring agricultural easements; and grants	28761
received from public or private sources for the purpose of	28762
purchasing agricultural easements. The fund shall be administered	28763
by the director, and moneys in the fund shall be used by the	28764
director exclusively to purchase agricultural easements under	28765
division (A) of section 5301.691 of the Revised Code and provide	28766
matching grants under section 901.22 of the Revised Code to	28767
municipal corporations, counties, townships, soil and water	28768
conservation districts established under Chapter 1515. of the	28769
Revised Code, and charitable organizations described in division	28770
(B) of section 5301.69 of the Revised Code for the purchase of	28771
agricultural easements. Money in the fund shall be used only to	28772
purchase agricultural easements on land that is valued for	28773
purposes of real property taxation at its current value for	28774
agricultural use under section 5713.31 of the Revised Code or that	28775
constitutes a homestead when the easement is purchased.	28776

~~(F)~~(G) There is hereby created in the state treasury the	28777
clean Ohio agricultural easement fund. Twelve and one-half per	28778
cent of net proceeds of obligations issued and sold pursuant to	28779
sections 151.01 and 151.09 of the Revised Code shall be deposited	28780
into the fund. The fund shall be used by the director for the	28781
purposes of this section, section 901.22 of the Revised Code, and	28782
the provisions of sections 5301.67 to 5301.70 of the Revised Code	28783
governing agricultural easements. Investment earnings of the fund	28784
shall be credited to the fund and may be used to pay costs	28785
incurred by the director in administering those sections and	28786
provisions.	28787

~~(G)~~(H) The term of an agricultural easement purchased wholly	28788
or in part with money from the clean Ohio agricultural easement	28789
fund or the agricultural easement purchase fund shall be perpetual	28790
and shall run with the land.	28791

Sec. 901.22. (A) The director of agriculture, in accordance	28792
with Chapter 119. of the Revised Code, shall adopt rules that do	28793
all of the following:	28794

(1) Establish procedures and eligibility criteria for making	28795
matching grants to municipal corporations, counties, townships,	28796
soil and water conservation districts established under Chapter	28797
1515. of the Revised Code, and charitable organizations described	28798
in division (B) of section 5301.69 of the Revised Code for the	28799
purchase of agricultural easements. With respect to agricultural	28800
easements that are purchased or proposed to be purchased with such	28801
matching grants that consist in whole or in part of moneys from	28802
the clean Ohio agricultural easement fund created in section	28803
901.21 of the Revised Code, the rules shall establish all of the	28804
following:	28805

(a) Procedures for all of the following:

28806

(i) Soliciting and accepting applications for matching	28807
grants;	28808

(ii) Participation by local governments and by the public in	28809
the process of making matching grants to charitable organizations;	28810

(iii) Notifying local governments, charitable organizations,	28811
and organizations that represent the interests of farmers of the	28812
ranking system established in rules adopted under division	28813
(A)(1)(b) of this section.	28814

(b) A ranking system for applications for the matching grants	28815
that is based on the soil type, proximity of the land or other	28816
land that is conducive to agriculture as defined by rules adopted	28817
under this section and that is the subject of an application to	28818
other agricultural land or other land that is conducive to	28819
agriculture as defined by rules adopted under this section and	28820
that is already or is in the process of becoming permanently	28821
protected from development, farm stewardship, development	28822
pressure, and, if applicable, a local comprehensive land use plan	28823
involved with a proposed agricultural easement. The rules shall	28824
require that preference be given to proposed agricultural	28825
easements that involve the greatest proportion of all of the	28826
following:	28827

(i) Prime soils, unique or locally important soils,	28828
microclimates, or similar features;	28829

(ii) Land that is adjacent to or that is in close proximity	28830
to other agricultural land or other land that is conducive to	28831
agriculture as defined by rules adopted under this section and	28832
that is already or is in the process of becoming permanently	28833
protected from development, by agricultural easement or otherwise,	28834
so that a buffer would exist between the land involving the	28835
proposed agricultural easement and areas that have been developed	28836
or likely will be developed for purposes other than agriculture;	28837

(iii) The use of best management practices, including	28838
federally or state approved conservation plans, and a history of	28839
substantial compliance with applicable federal and state laws;	28840

(iv) Development pressure that is imminent, but not a result	28841
of current location in the direct path of urban development;	28842

(v) Areas identified for agricultural protection in local	28843
comprehensive land use plans.	28844

(c) Any other criteria that the director determines are	28845
necessary for selecting applications for matching grants;	28846

(d) Requirements regarding the information that must be	28847
included in the annual monitoring report that must be prepared for	28848
an agricultural easement under division (E)(2) of section 5301.691	28849
of the Revised Code, procedures for submitting a copy of the	28850
report to the office of farmland preservation in the department of	28851
agriculture, and requirements and procedures governing corrective	28852
actions that may be necessary to enforce the terms of the	28853
agricultural easement.	28854

(2) Establish provisions that shall be included in the	28855
instrument conveying to a municipal corporation, county, township,	28856
soil and water conservation district, or charitable organization	28857
any agricultural easement purchased with matching grant funds	28858
provided by the director under this section, including, without	28859
limitation, all of the following provisions:	28860

(a) A provision stating that an easement so purchased may be	28861
extinguished only if an unexpected change in the conditions of or	28862
surrounding the land that is subject to the easement makes	28863
impossible or impractical the continued use of the land for the	28864
purposes described in the easement, or if the requirements of the	28865
easement are extinguished by judicial proceedings;	28866

(b) A provision requiring that, upon the sale, exchange, or	28867
involuntary conversion of the land subject to the easement, the	28868
holder of the easement shall be paid an amount of money that is at	28869
least equal to the proportionate value of the easement compared to	28870
the total value of the land at the time the easement was acquired;	28871

(c) A provision requiring that, upon receipt of the portion	28872
of the proceeds of a sale, exchange, or involuntary conversion	28873
described in division (A)(2)(b) of this section, the municipal	28874
corporation, county, township, soil and water conservation	28875
district, or charitable organization remit to the director an	28876
amount of money equal to the percentage of the cost of purchasing	28877
the easement it received as a matching grant under this section.	28878

Moneys received by the director pursuant to rules adopted	28879
under division (A)(2)(c) of this section shall be credited to the	28880
agricultural easement purchase fund created in section 901.21 of	28881
the Revised Code.	28882

(3) Establish a provision that provides a charitable	28883
organization, municipal corporation, township, county, or soil and	28884
water conservation district with the option of purchasing	28885
agricultural easements either in installments or with a lump sum	28886
payment. The rules shall include a requirement that a charitable	28887
organization, municipal corporation, township, county, or soil and	28888
water conservation district negotiate with the seller of the	28889
agricultural easement concerning any installment payment terms,	28890
including the dates and amounts of payments and the interest rate	28891
on the outstanding balance. The rules also shall require the	28892
director to approve any method of payment that is undertaken in	28893
accordance with the rules adopted under division (A)(3) of this	28894
section.	28895

(4) Establish any other requirements that the director	28896
considers to be necessary or appropriate to implement or	28897
administer a program to make matching grants under this section	28898
and monitor those grants.	28899

(B) The director may develop guidelines regarding the	28900
acquisition of agricultural easements by the department of	28901
agriculture and the provisions of instruments conveying those	28902
easements. The director may make the guidelines available to	28903
public and private entities authorized to acquire and hold	28904
agricultural easements.	28905

(C) The director may provide technical assistance in	28906
developing a program for the acquisition and monitoring of	28907
agricultural easements to public and private entities authorized	28908
to hold agricultural easements. The technical assistance may	28909
include, without limitation, reviewing and providing advisory	28910
recommendations regarding draft instruments conveying agricultural	28911
easements.	28912

(D)(1) The director may make matching grants from the	28913
agricultural easement purchase fund and the clean Ohio	28914
agricultural easement fund to municipal corporations, counties,	28915
townships, soil and water conservation districts, and charitable	28916
organizations to assist those political subdivisions and	28917
charitable organizations in purchasing agricultural easements.	28918
Application for a matching grant shall be made on forms prescribed	28919
and provided by the director. The matching grants shall be made in	28920
compliance with the criteria and procedures established in rules	28921
adopted under this section. Instruments conveying agricultural	28922
easements purchased with matching grant funds provided under this	28923
section, at a minimum, shall include the mandatory provisions set	28924
forth in those rules.	28925

Matching grants made under this division using moneys from	28926
the clean Ohio agricultural easement fund created in section	28927
901.21 of the Revised Code may provide up to seventy-five per cent	28928
of the value of an agricultural easement as determined by a	28929
general real estate appraiser who is certified under Chapter 4763.	28930
of the Revised Code or as determined through a points-based	28931
appraisal system established under division (D)(2) of this	28932
section. Not less than twenty-five per cent of the value of the	28933
agricultural easement shall be provided by the recipient of the	28934
matching grant or donated by the person who is transferring the	28935
easement to the grant recipient. The amount of such a matching	28936
grant used for the purchase of a single agricultural easement	28937
shall not exceed one million dollars.	28938

(2) The director shall establish a points-based appraisal	28939
system for the purposes of division (D)(1) of this section. The	28940
director may include any or all of the following factors in the	28941
system:	28942

(a) Whether the applicable county auditor has determined that	28943
the land is land that is devoted exclusively to agriculture for	28944
the purposes of sections 5713.30 to 5713.38 of the Revised Code;	28945

(b) Changes in land values following the completion of the	28946
applicable county auditor's reappraisal or triennial update;	28947

28948

(d) Proximity of the land to land that is already subject to	28949
an agricultural easement, conservation easement created under	28950
sections 5301.67 to 5301.70 of the Revised Code, or similar	28951
land-use limitation;	28952

(e) Proximity of the land to water and sewer lines, road	28953
interchanges, and nonagricultural development;	28954

(f) Parcel size and roadway frontage of the land;

28955

(g) Existence of an agreement entered into under division (D)	28956
of section 1515.08 of the Revised Code or of an operation and	28957
management plan developed under division (A) of section 1511.021	28958
of the Revised Code;	28959

(h) Existence of a comprehensive plan that is adopted under	28960
section 303.02 or 519.02 of the Revised Code or that is adopted by	28961
the planning commission of a municipal corporation under section	28962
713.06 of the Revised Code;	28963

(i) Any other factors that the director determines are	28964
necessary for inclusion in the system.	28965

(E) An agricultural easement acquired as a result of a	28966
matching grant awarded under division (D) of this section may	28967
include a provision to preserve a unique natural or physical	28968
feature on the land so long as the use of the land remains	28969
predominantly agricultural.	28970

(F) For any agricultural easement purchased with a matching	28971
grant that consists in whole or in part of moneys from the clean	28972
Ohio agricultural easement fund, the director shall be named as a	28973
grantee on the instrument conveying the easement, as shall the	28974
municipal corporation, county, township, soil and water	28975
conservation district, or charitable organization that receives	28976
the grant.	28977

~~(F)~~(G)(1) The director shall monitor and evaluate the	28978
effectiveness and efficiency of the agricultural easement program	28979
as a farmland preservation tool. On or before July 1, 1999, and	28980
the first day of July of each year thereafter, the director shall	28981
prepare and submit a report to the chairpersons of the standing	28982
committees of the senate and the house of representatives that	28983
consider legislation regarding agriculture. The report shall	28984
consider and address the following criteria to determine the	28985
program's effectiveness:	28986

(a) The number of agricultural easements purchased during the	28987
preceding year;	28988

(b) The location of those easements;

28989

(c) The number of acres of land preserved for agricultural	28990
use;	28991

(d) The amount of money used by a municipal corporation,	28992
township, county, or soil and water conservation district from any	28993
fund to purchase the agricultural easements;	28994

(e) The number of state matching grants given to purchase the	28995
agricultural easements;	28996

(f) The amount of state matching grant moneys used to	28997
purchase the agricultural easements.	28998

(2) The report also shall consider and include, at a minimum,	28999
the following information for each county to determine the	29000
program's efficiency:	29001

(a) The total number of acres in the county;

29002

(b) The total number of acres in current agricultural use;

29003

(c) The total number of acres preserved for agricultural use	29004
in the preceding year;	29005

(d) The average cost, per acre, of land preserved for	29006
agricultural use in the preceding year.	29007

Sec. 901.23. (A) There is hereby created the farmland	29008
preservation advisory board consisting of twelve voting members	29009
appointed by the director of agriculture as follows:	29010

(1) One member who is a county commissioner or a	29011
representative of a statewide organization that represents county	29012
commissioners;	29013

(2) One member who is a township trustee or a representative	29014
of a statewide organization that represents township trustees;	29015

(3) One representative of the Ohio state university;

29016

(4) One representative of a ~~national~~ nonprofit organization	29017
dedicated to the preservation of farmland;	29018

(5) One representative each of development, environmental,	29019
planning, and soil and water conservation interests;	29020

(6) One farmer from each of the state's four quadrants.

29021

Terms of office shall be staggered and shall be for three	29022
years, with each term ending on the same day of the same month as	29023
did the term that it succeeds. Each member shall hold office from	29024
the date of appointment until the end of the term for which the	29025
member was appointed, except that the term of any member who is a	29026
county commissioner or township trustee shall end when the member	29027
ceases to serve as a county commissioner or township trustee.	29028

Members may be reappointed. Vacancies shall be filled in the	29029
manner provided for original appointments. Any member appointed to	29030
fill a vacancy occurring prior to the expiration date of the term	29031
for which the member was appointed shall serve for the remainder	29032
of that term. A member shall continue to serve subsequent to the	29033
expiration date of the member's term until the member's successor	29034
takes office or until a period of sixty days has elapsed,	29035
whichever occurs first. Members shall serve at the pleasure of the	29036
director.	29037

The executive director of the office of farmland preservation	29038
in the department of agriculture or another employee of the	29039
department who is designated by the director shall serve as the	29040
nonvoting chairperson of the board. The director annually shall	29041
designate one member of the board to serve as its	29042
vice-chairperson. The board may adopt bylaws governing its	29043
operation and shall meet at a time when the director, or the	29044
director's designee, considers it appropriate in order for the	29045
board to provide advice as required under division (B) of this	29046
section.	29047

(B) The board shall provide advice to the director regarding	29048
all of the following:	29049

(1) The design and implementation of an agricultural easement	29050
purchase program;	29051

(2) The selection of applications that will be awarded	29052
matching grants under division (D) of section 901.22 of the	29053
Revised Code for the purchase of agricultural easements;	29054

(3) The design and implementation of any other statewide	29055
farmland protection measures that the director considers	29056
appropriate.	29057

(C) Serving as a member of the board does not constitute	29058
holding a public office or position of employment under the laws	29059
of this state and does not constitute grounds for removal of	29060
public officers or employees from their offices or positions of	29061
employment.	29062

(D) A board member shall be reimbursed for actual and	29063
necessary expenses incurred in the discharge of duties as a board	29064
member.	29065

Sec. 903.11. (A) The director of agriculture may enter into	29066
contracts or agreements to carry out the purposes of this chapter	29067
with any public or private person, including ~~the Ohio state~~	29068
~~university~~OSU extension ~~service~~, the natural resources	29069
conservation service in the United States department of	29070
agriculture, the environmental protection agency, the division of	29071
soil and water resources in the department of natural resources,	29072
and soil and water conservation districts established under	29073
Chapter 1515. of the Revised Code. However, the director shall not	29074
enter into a contract or agreement with a private person for the	29075
review of applications for permits to install, permits to operate,	29076
NPDES permits, or review compliance certificates that are issued	29077
under this chapter or for the inspection of a facility regulated	29078
under this chapter or with any person for the issuance of any of	29079
those permits or certificates or for the enforcement of this	29080
chapter and rules adopted under it.	29081

(B) The director may administer grants and loans using moneys	29082
from the federal government and other sources, public or private,	29083
for carrying out any of the director's functions. Nothing in this	29084
chapter shall be construed to limit the eligibility of owners or	29085
operators of animal feeding facilities or other agricultural	29086
enterprises to receive moneys from the water pollution control	29087
loan fund established under section 6111.036 of the Revised Code	29088
and the nonpoint source pollution management fund established	29089
under section 6111.037 of the Revised Code.	29090

The director of agriculture shall provide the director of	29091
environmental protection with written recommendations for	29092
providing financial assistance from those funds to agricultural	29093
enterprises. The director of environmental protection shall	29094
consider the recommendations in developing priorities for	29095
providing financial assistance from the funds.	29096

Sec. 903.30. (A) No person shall violate or fail to perform	29097
any duty required by division (B)(1), (C)(1), (F), (K), or (M)(1)	29098
or (2) of section 903.08 of the Revised Code or the NPDES	29099
provisions of a permit to operate, violate a rule adopted pursuant	29100
to those divisions, or violate an order issued pursuant to those	29101
divisions or a term or condition of an NPDES permit issued by the	29102
director of agriculture.	29103

(B) No person shall violate or fail to perform any duty	29104
required by sections 903.01 to 903.07 of the Revised Code, violate	29105
a rule, or violate an order or term or condition of a permit	29106
issued by the director under those sections or rules.	29107

(C) The attorney general, upon the written request of the	29108
director, shall prosecute any person who violates division (A) or	29109
(B) of this section.	29110

Sec. 903.99. (A) Whoever negligently violates division	29111
(A)~~(2)~~ of section ~~903.02 or division (A)(2) of section 903.03~~	29112
903.30 of the Revised Code ~~is guilty of a misdemeanor of the third~~	29113
~~degree on a first offense, a misdemeanor of the second degree on a~~	29114
~~second offense, and a misdemeanor of the first degree on a third~~	29115
~~or subsequent offense. Each ten-day period that the offense~~	29116
~~continues~~shall be fined not more than ten thousand dollars or	29117
imprisoned for not more than ninety days, or both. Each day of	29118
violation constitutes a separate offense. For purposes of this	29119
division, notwithstanding division (D) of section 2901.22 of the	29120
Revised Code, a person acts negligently when, because of a lapse	29121
from due care, the person fails to perceive or avoid a risk that	29122
the person's conduct may cause a certain result or may be of a	29123
certain nature. A person is negligent with respect to	29124
circumstances when, because of a lapse from due care, the person	29125
fails to perceive or avoid a risk that such circumstances may	29126
exist.	29127

(B) Whoever recklessly violates ~~the terms and conditions of a~~	29128
~~permit to install issued under section 903.02 of the Revised Code~~	29129
~~or of a permit to operate issued under section 903.03 of the~~	29130
~~Revised Code,~~ division (A) or (B)~~(1), (C)(1), or (M)(1) or (2) of~~	29131
~~section 903.08 of the Revised Code, or the NPDES provisions of a~~	29132
~~permit to operate shall be fined not more than twenty-five~~	29133
~~thousand dollars.~~of section 903.30 of the Revised Code shall be	29134
fined not more than ten thousand dollars or imprisoned for not	29135
more than one year, or both. Each day of violation constitutes a	29136
separate offense.	29137

(C) Whoever knowingly violates division ~~(K)~~(A) or (B) of	29138
section ~~903.08~~903.30 of the Revised Code is guilty of a felony	29139
and shall be fined not more than twenty-five thousand dollars or	29140
imprisoned for not more than three years, or both. Each day of	29141
violation constitutes a separate offense.	29142

Sec. 905.06. The director of agriculture shall:

29143

(A) Gather information on the performance of various	29144
agricultural additives, including distributors' and manufacturers'	29145
claims, the results of investigation or research on additives, and	29146
the conditions when they are useful, and make the information	29147
available to the public;	29148

(B) Provide and distribute, in cooperation with ~~the~~	29149
~~agricultural~~OSU extension ~~service~~, information on the use of	29150
agricultural additives;	29151

(C) Provide for the prompt and thorough investigation of	29152
written complaints received concerning agricultural additives.	29153

Sec. 909.15. All moneys from registration fees and from	29154
fines imposed and recovered under sections 909.01 to 909.18 of the	29155
Revised Code, shall be paid to the director of agriculture, who	29156
shall deposit such moneys in the state treasury to the credit of	29157
the ~~general revenue~~plant pest program fund created in section	29158
927.54 of the Revised Code.	29159

Sec. 924.02. The director of agriculture, subject to	29160
sections 924.01 to 924.16 and Chapter 119. of the Revised Code,	29161
shall do all of the following:	29162

(A) Establish procedures by which producers of Ohio	29163
agricultural commodities may propose, develop, and operate	29164
marketing programs to:	29165

(1) Promote the sale and use of their products;

29166

(2) Develop new uses and markets for such products;

29167

(3) Improve the methods of distributing such products to	29168
consumers;	29169

(4) Standardize the quality of such products for specific	29170
uses.	29171

(B) Adopt and enforce rules to put into effect the intent of	29172
sections 924.01 to 924.16 of the Revised Code;	29173

(C) ~~Determine~~Except as provided in section 924.06 of the	29174
Revised Code, determine the eligibility of producers to	29175
participate in referendums and other procedures that may be	29176
required to establish marketing programs for agricultural	29177
commodities.	29178

Sec. 924.06. (A) ~~Within ninety days after he has approved a~~	29179
~~proposed amendment to an agricultural commodity marketing program~~	29180
~~established before April 10, 1985, the director of agriculture~~	29181
~~shall determine by a referendum whether the eligible producers~~	29182
~~favor the proposed amendment to the program. Any proposed~~	29183
~~amendment to a marketing program established before April 10,~~	29184
~~1985, is favored by the producers of the agricultural commodity~~	29185
~~which would be affected by the proposed amendment if either of the~~	29186
~~following occurs:~~	29187

~~(1) Sixty-six and two-thirds per cent or more, by number, of~~	29188
~~the producers who vote in the referendum, vote in favor of the~~	29189
~~amendment, and represent a majority of the volume of the affected~~	29190
~~commodity that was produced in the preceding marketing year by all~~	29191
~~producers who voted in the referendum;~~	29192

~~(2) A majority of the producers who vote in the referendum,~~	29193
~~vote in favor of the amendment and represent sixty-six and~~	29194
~~two-thirds per cent, or more, of the volume of the affected~~	29195
~~commodity that was produced in the preceding marketing year by all~~	29196
~~the producers who voted in the referendum.~~	29197

~~(B)~~ Within ninety days after ~~he has approved~~approving an	29198
agricultural commodity marketing program proposed on or after	29199
~~April 10, 1985~~the effective date of this amendment, or a proposed	29200
amendment to ~~such a~~an agricultural commodity marketing program,	29201
the director of agriculture shall determine by a referendum	29202
whether the eligible producers favor the proposed marketing	29203
program or amendment. Any such marketing program or amendment to	29204
~~such~~ a marketing program is favored by the producers of the	29205
agricultural commodity that would be affected by the proposed	29206
program or amendment if a majority of the producers who vote in	29207
the referendum vote in favor of the program or amendment.	29208

~~(C)~~(B) If the producers who vote in any referendum held	29209
pursuant to this section do not favor a proposed marketing	29210
program, or proposed amendment to a program, the director shall	29211
hold no additional referendum on that proposed program or proposed	29212
amendment during the ten months following the close of the	29213
referendum at which the producers did not favor that proposed	29214
program or amendment.	29215

~~(D)~~(C) In any referendum held pursuant to this section, each	29216
eligible producer of the ~~Ohio~~ agricultural commodity ~~which~~that	29217
would be affected by the proposed marketing program, or amendment	29218
to a program, is entitled to one vote.	29219

~~(E)~~(D) In any referendum held on an agricultural commodity	29220
marketing program, or a proposed amendment to such a program,	29221
votes may be cast in person or by mailing a ballot to a polling	29222
place designated by the director. The director shall establish a	29223
three-day period during which eligible producers may vote in	29224
person during normal business hours at polling places designated	29225
by the director. The director or other appropriate person shall	29226
send a mail-in ballot by ordinary first-class mail to any eligible	29227
producer who requests one by calling the toll-free telephone	29228
number or sending in the ballot request form provided for in	29229
division ~~(F)~~(E) of this section, by calling one of the polling	29230
places designated by the director, or by any additional method	29231
that the director or operating committee may provide. No ballot	29232
returned by mail shall be valid if it is postmarked later than the	29233
third day of the election period established by the director.	29234

~~(F)~~(E) For any referendum held on an agricultural commodity	29235
marketing program, or a proposed amendment to such a program, the	29236
director or operating committee shall cause a ballot request form	29237
to be published at least thirty days before the beginning of the	29238
election period established under division ~~(E)~~(D) of this section	29239
in at least two appropriate periodicals designated by the	29240
director, and shall make the form available for reproduction to	29241
any interested group or association. The director shall provide a	29242
toll-free telephone number that producers may call to request a	29243
ballot.	29244

(F) For the purposes of a referendum held on an egg marketing	29245
program or a proposed amendment to such a program under this	29246
section, an eligible producer is a person who is in the business	29247
of producing and marketing, or causing to be produced and	29248
marketed, eggs from a flock of more than seventy-five thousand	29249
domesticated chickens and, if the referendum is held on a proposed	29250
amendment to an egg marketing program, is subject to an assessment	29251
under the program.	29252

Sec. 927.54. The plant pest program fund is hereby created in	29253
the state treasury. The fund shall consist of money credited to it	29254
under section 909.15 of the Revised Code and under this chapter	29255
and any rules adopted under it. The director of agriculture shall	29256
use money in the fund to administer this chapter and Chapter 909.	29257
of the Revised Code.	29258

The director shall keep accurate records of all receipts into	29259
and disbursements from the fund and shall prepare, and provide	29260
upon request, an annual report classifying the receipts and	29261
disbursements that pertain to plant pests.	29262

Sec. 935.01. As used in this chapter:

29263

(A) "Board of health" means the board of health of a city or	29264
general health district or the authority having the duties of a	29265
board of health in any city authorized by section 3709.05 of the	29266
Revised Code.	29267

(B) "Circus" means a traveling show to which all of the	29268
following apply:	29269

(1) It is licensed by the United States department of	29270
agriculture under the federal animal welfare act.	29271

(2) It presents dangerous wild animals, restricted snakes, or	29272
both in a public performance as its own event or as part of a fair	29273
or carnival.	29274

(3) It does not allow physical contact between the public and	29275
the dangerous wild animals or restricted snakes possessed by it.	29276
Division (B)(3) of this section does not apply to rides or other	29277
interactions between the public and an elephant, provided that	29278
such a ride or other interaction is under the direct supervision	29279
of an experienced animal handler.	29280

(4) It is in the state for less than sixty-five days each	29281
year.	29282

(C) "Dangerous wild animal" means any of the following,	29283
including hybrids unless otherwise specified:	29284

(1) Hyenas;

29285

(2) Gray wolves, excluding hybrids;

29286

(3) Lions;

29287

(4) Tigers;

29288

(5) Jaguars;

29289

(6) Leopards, including clouded leopards, Sunda clouded	29290
leopards, and snow leopards;	29291

(7) All of the following, including hybrids with domestic	29292
cats unless otherwise specified:	29293

(a) Cheetahs;

29294

(b) Lynxes, including Canadian lynxes, Eurasian lynxes, and	29295
Iberian lynxes;	29296

29297

(d) Caracals;

29298

(e) Servals, excluding hybrids with domestic cats commonly	29299
known as savannah cats.	29300

(8) Bears;

29301

(9) Elephants;

29302

(10) Rhinoceroses;

29303

(11) Hippopotamuses;

29304

(12) Cape buffaloes;

29305

(13) African wild dogs;

29306

(14) Komodo dragons;

29307

(15) Alligators;

29308

(16) Crocodiles;

29309

(17) Caimans, excluding dwarf caimans;

29310

(18) Gharials;

29311

(19) Nonhuman primates other than lemurs and the nonhuman	29312
primates specified in division (C)(20) of this section;	29313

(20) All of the following nonhuman primates:

29314

(a) Golden lion, black-faced lion, golden-rumped lion,	29315
cotton-top, emperor, saddlebacked, black-mantled, and Geoffroy's	29316
tamarins;	29317

(b) Southern and northern night monkeys;

29318

29319

(d) Muriquis;

29320

(e) Goeldi's monkeys;

29321

(f) White-faced, black-bearded, white-nose bearded, and monk	29322
sakis;	29323

(g) Bald and black uakaris;

29324

(h) ~~Black-handed, white-bellied, brown-headed, and black~~	29325
~~spider monkeys;~~	29326

~~(i)~~ Common woolly monkeys;

29327

~~(j)~~(i) Red, black, and mantled howler monkeys.

29328

"Dangerous wild animal" does not include a domesticated	29329
animal that is considered livestock as defined in section 901.70	29330
of the Revised Code.	29331

(D) "Federal animal welfare act" has the same meaning as in	29332
section 959.131 of the Revised Code.	29333

(E) "Felony drug abuse offense" has the same meaning as in	29334
section 2925.01 of the Revised Code.	29335

(F) "Health district" means a city or general health district	29336
created by or under the authority of Chapter 3709. of the Revised	29337
Code.	29338

(G) "Humane society" means an organization that is organized	29339
under section 1717.05 of the Revised Code.	29340

(H) "Law enforcement officer" means a sheriff, deputy	29341
sheriff, constable, police officer of a township or joint police	29342
district, marshal, deputy marshal, municipal police officer, or	29343
state highway patrol trooper.	29344

(I) "Natural resources law enforcement officers" means peace	29345
officers as specified in division (A)(6) of section 109.71 of the	29346
Revised Code and employees of the division of wildlife specified	29347
in sections 1531.13 and 1531.14 of the Revised Code.	29348

(J) "Offense of violence" has the same meaning as in section	29349
2901.01 of the Revised Code.	29350

(K) "Rescue facility" means a nonprofit organization as	29351
described in section 170 of the "Internal Revenue Code of 1986,"	29352
100 Stat. 2085, 26 U.S.C. 170, as amended, that operates a place	29353
of refuge where abused, neglected, unwanted, impounded, abandoned,	29354
orphaned, or displaced dangerous wild animals are provided care	29355
for their lifetime or released back to their natural habitat, and,	29356
with respect to an animal possessed by the organization, that does	29357
not do any of the following:	29358

(1) Sell, trade, or barter the animal or the animal's body	29359
parts;	29360

(2) Use the animal in any manner for profit;

29361

(3) Breed the animal;

29362

(4) Allow the public the opportunity to come into contact	29363
with the animal.	29364

(L) "Restricted snake" means any of the following:

29365

(1) All of the following constricting snakes that are twelve	29366
feet or longer:	29367

(a) Green anacondas;

29368

(b) Yellow anacondas;

29369

29370

(d) Indian pythons;

29371

(e) Burmese pythons;

29372

(f) North African rock pythons;

29373

(g) South African rock pythons;

29374

(h) Amethystine pythons.

29375

(2) Species of the following families:

29376

(a) Atractaspididae;

29377

(b) Elapidae;

29378

29379

(3) Boomslang snakes;

29380

(4) Twig snakes.

29381

(M) "Rule" means a rule adopted under section 935.17 of the	29382
Revised Code.	29383

(N) "Veterinarian" means a person who is licensed under	29384
Chapter 4741. of the Revised Code.	29385

(O) "Wildlife sanctuary" means a nonprofit organization as	29386
described in section 170 of the "Internal Revenue Code of 1986,"	29387
100 Stat. 2085, 26 U.S.C. 170, as amended, that is accredited or	29388
verified by the global federation of animal sanctuaries, that	29389
operates a place of refuge where abused, neglected, unwanted,	29390
impounded, abandoned, orphaned, or displaced dangerous wild	29391
animals or restricted snakes are provided care for their lifetime	29392
or released back to their natural habitat, and, with respect to an	29393
animal or snake possessed by the organization, that does not do	29394
any of the following:	29395

(1) Use or allow the use of the animal or snake for any type	29396
of entertainment or in a traveling exhibit;	29397

(2) Sell, trade, lease, loan, or barter the animal or snake	29398
or the animal's or snake's body parts;	29399

(3) Use or allow the use of the animal or snake in any manner	29400
for profit;	29401

(4) Breed the animal or snake;

29402

(5) Allow the public the opportunity to come into physical	29403
contact with the animal or snake.	29404

Sec. 935.03. (A) Division (A) of section 935.02 of the	29405
Revised Code does not apply to any of the following:	29406

(1) A person to which all of the following apply:

29407

(a) The person possesses a dangerous wild animal.

29408

(b) The person has been issued a license by the United States	29409
department of agriculture under the federal animal welfare act.	29410

(c) The director of agriculture has determined that the	29411
person is in the process of becoming an accredited member of the	29412
association of zoos and aquariums or the zoological association of	29413
America.	29414

(d) The director has informed the person that the person is	29415
exempt from division (A) of section 935.02 of the Revised Code.	29416

(2) An organization to which all of the following apply:

29417

(a) The organization possesses a dangerous wild animal.

29418

(b) The director has determined that the organization is in	29419
the process of being accredited or verified by the global	29420
federation of animal sanctuaries as a wildlife sanctuary.	29421

(c) The director has informed the organization that it is	29422
exempt from division (A) of section 935.02 of the Revised Code.	29423

(3) A person whose possession of a dangerous wild animal is	29424
authorized by an unexpired permit issued under this chapter.	29425

(B) Except for the purposes of divisions (A) and (B) of	29426
section 935.04 of the Revised Code, this chapter does not apply to	29427
any of the following:	29428

(1) A facility that is an accredited member of the	29429
association of zoos and aquariums or the zoological association of	29430
America and that is licensed by the United States department of	29431
agriculture under the federal animal welfare act;	29432

(2) A research facility as defined in the federal animal	29433
welfare act;	29434

(3) A research facility that is accredited by the association	29435
for the assessment and accreditation of laboratory animal care	29436
international;	29437

(4) A circus;

29438

(5) A wildlife rehabilitation facility that is issued a	29439
permit by the chief of the division of wildlife in rules adopted	29440
under section 1531.08 of the Revised Code and that rehabilitates	29441
dangerous wild animals or restricted snakes that are native to the	29442
state for the purpose of reintroduction into the wild;	29443

(6) A veterinarian that is providing temporary veterinary	29444
care to a dangerous wild animal or restricted snake;	29445

(7) A wildlife sanctuary;

29446

(8) An individual who does not reside in this state, is	29447
traveling through this state with a dangerous wild animal or	29448
restricted snake, and does all of the following:	29449

(a) Confines the animal or snake in a cage at all times;

29450

(b) Confines the animal or snake in a cage that is not	29451
accessible to the public;	29452

29453

(d) Is in the state not more than forty-eight hours unless	29454
the animal or snake is receiving veterinary care.	29455

(9) An educational institution that displays a single	29456
dangerous wild animal as a sports mascot and that meets all of the	29457
following criteria:	29458

(a) An official of the educational institution has submitted	29459
an affidavit attesting that the institution will care for the	29460
animal as long as the animal lives and in a facility that is an	29461
accredited member of the association of zoos and aquariums or the	29462
zoological association of America.	29463

(b) The educational institution maintains a liability	29464
insurance policy with an insurer authorized or approved to write	29465
such insurance in this state that covers claims for injury or	29466
damage to persons or property caused by a dangerous wild animal.	29467
The amount of the insurance coverage shall be not less than one	29468
million dollars.	29469

(c) During display and transport, the educational institution	29470
confines the dangerous wild animal in a cage that does not permit	29471
physical contact between the animal and the public.	29472

(d) The educational institution began displaying a dangerous	29473
wild animal as a mascot prior to ~~the effective date of this~~	29474
~~section~~September 5, 2012.	29475

(10) Any person who has been issued a permit under section	29476
1533.08 of the Revised Code;	29477

(11) Any person authorized to possess a dangerous wild animal	29478
or restricted snake under section 1531.25 of the Revised Code or	29479
rules adopted under it;	29480

~~(12) A mobility impaired person as defined in section 955.011~~	29481
~~of the Revised Code who possesses a dangerous wild animal~~	29482
~~specified in division (C)(20)(h) of section 935.01 of the Revised~~	29483
~~Code that has been trained by a nonprofit agency or is in such~~	29484
~~training to assist the mobility impaired person;~~	29485

~~(13) A deaf or hearing-impaired person who possesses a~~	29486
~~dangerous wild animal specified in division (C)(20)(h) of section~~	29487
~~935.01 of the Revised Code that has been trained by a nonprofit~~	29488
~~agency or is in such training to assist the deaf or~~	29489
~~hearing-impaired person;~~	29490

~~(14) A person who is blind as defined in section 955.011 of~~	29491
~~the Revised Code and possesses a dangerous wild animal specified~~	29492
~~in division (C)(20)(h) of section 935.01 of the Revised Code that~~	29493
~~has been trained by a nonprofit agency or is in such training to~~	29494
~~assist the blind person~~.	29495

Sec. 935.041. A person that possesses any of the following	29496
animals shall register the animal in the same manner as provided	29497
in section 935.04 of the Revised Code:	29498

(A) Pygmy, white-tufted-ear, silvery, and black-pencilled	29499
marmosets;	29500

(B) Squirrel monkeys;

29501

29502

(D) Lemurs;

29503

(E) Black-handed, white-bellied, brown-headed, and black	29504
spider monkeys.	29505

Sec. 935.07. (A) A person that possesses a registered	29506
dangerous wild animal in this state on October 1, 2013, that	29507
wishes to continue to possess the dangerous wild animal on and	29508
after January 1, 2014, and that intends to propagate the animal	29509
solely for the purposes of a species survival program that	29510
complies with rules shall apply for a wildlife propagation permit	29511
under this section. An applicant need apply for only one permit	29512
regardless of the number of dangerous wild animals that the	29513
applicant possesses.	29514

(B) Except as otherwise provided in this section, an	29515
applicant for a wildlife propagation permit shall comply with the	29516
requirements and procedures established in sections 935.05 and	29517
935.06 of the Revised Code. The application fee for a wildlife	29518
propagation permit shall be one of the following, as applicable:	29519

(1) One thousand dollars if the applicant possesses not more	29520
than fifty dangerous wild animals;	29521

(2) Three thousand dollars if the applicant possesses more	29522
than fifty dangerous wild animals.	29523

(C) The facility at which a dangerous wild animal or	29524
dangerous wild animals will be maintained under a wildlife	29525
propagation permit shall consist of at least two acres. Division	29526
(C) of this section does not apply to either of the following:	29527

(1) Dangerous wild animals specified in division (C)(20) of	29528
section 935.01 of the Revised Code;	29529

(2) An applicant to whom the director of agriculture issues a	29530
written waiver stating that the acreage requirement does not apply	29531
to the applicant.	29532

(D) All fees collected under this section shall be credited	29533
to the dangerous and restricted animal fund created in section	29534
935.25 of the Revised Code.	29535

(E) Division (A)(4) of section 935.06 of the Revised Code	29536
does not apply to an applicant for a wildlife propagation permit.	29537

Sec. 935.12. (A) Except as provided in division (B) of this	29538
section, a person that has been issued a permit under this chapter	29539
for a dangerous wild animal or animals shall comply with the	29540
requirements regarding the care and housing of dangerous wild	29541
animals established in rules.	29542

(B) A person that has been issued a wildlife shelter,	29543
wildlife propagation permit, or rescue facility permit under this	29544
chapter for a dangerous wild animal or animals specified in	29545
division (C)(20) of section 935.01 of the Revised Code shall	29546
comply with both of the following:	29547

(1) The requirements regarding the care of those animals	29548
established in regulations adopted under the federal animal	29549
welfare act;	29550

(2) The requirements regarding the housing of those animals	29551
established in rules.	29552

(C) A person that has been issued a restricted snake	29553
possession or restricted snake propagation permit under this	29554
chapter shall comply with the requirements regarding the care and	29555
housing of those snakes established in standards adopted by the	29556
zoological association of America and in effect on September 5,	29557
2012.	29558

Sec. 955.01. (A)(1) Except as otherwise provided in this	29559
section or in sections 955.011, 955.012, and 955.16 of the Revised	29560
Code, every person who owns, keeps, or harbors a dog more than	29561
three months of age, shall file, on or after the first day of the	29562
~~preceding~~applicable December, but before the thirty-first day of	29563
the applicable January ~~of each year~~, in the office of the county	29564
auditor of the county in which the dog is kept or harbored, an	29565
application for registration for ~~the following~~a period of one	29566
year~~, beginning the thirty-first day of January of that year~~or	29567
three years or an application for a permanent registration. The	29568
board of county commissioners, by resolution, may extend the	29569
period for filing the application. The application shall state the	29570
age, sex, color, character of hair, whether short or long, and	29571
breed, if known, of the dog and the name and address of the owner	29572
of the dog. A registration fee of two dollars for each year of	29573
registration for a one-year or three-year registration or twenty	29574
dollars for a permanent registration for each dog shall accompany	29575
the application~~, unless~~. However, the fee may exceed that amount	29576
if a greater fee has been established under division (A)(2) of	29577
this section or under section 955.14 of the Revised Code.	29578

(2) A board of county commissioners may establish a	29579
registration fee higher than the one provided for in division	29580
(A)(1) of this section for dogs more than nine months of age that	29581
have not been spayed or neutered, except that the higher	29582
registration fee permitted by this division shall not apply if a	29583
person registering a dog furnishes with the application either a	29584
certificate from a licensed veterinarian verifying that the dog	29585
should not be spayed or neutered because of its age or medical	29586
condition or because the dog is used or intended for use for show	29587
or breeding purposes or a certificate from the owner of the dog	29588
declaring that the owner holds a valid hunting license issued by	29589
the division of wildlife of the department of natural resources	29590
and that the dog is used or intended for use for hunting purposes.	29591
If the board establishes such a fee, the application for	29592
registration shall state whether the dog is spayed or neutered,	29593
and whether a licensed veterinarian has certified that the dog	29594
should not be spayed or neutered or the owner has stated that the	29595
dog is used or intended to be used for hunting purposes. The board	29596
may require a person who is registering a spayed or neutered dog	29597
to furnish with the application a certificate from a licensed	29598
veterinarian verifying that the dog is spayed or neutered. No	29599
person shall furnish a certificate under this division ~~which~~that	29600
the person knows to be false.	29601

(B) If the application for registration is not filed and the	29602
registration fee paid, on or before the thirty-first day of the	29603
applicable January of each year or, if the board of county	29604
commissioners by resolution has extended the date to a date later	29605
than the thirty-first day of January, the date established by the	29606
board, the auditor shall assess a penalty in an amount equal to	29607
the registration fee upon the owner, keeper, or harborer, which	29608
~~must~~shall be paid with the registration fee.	29609

(C) An animal shelter that keeps or harbors a dog more than	29610
three months of age is exempt from paying any fees imposed under	29611
division (A) or (B) of this section if it is a nonprofit	29612
organization that is exempt from federal income taxation under	29613
subsection 501(a) and described in subsection 501(c)(3) of the	29614
"Internal Revenue Code of 1986," 100 Stat. ~~285~~2085, 26 U.S.C. 1.	29615

Sec. 955.05. After the thirty-first day of January of any	29616
year, except as otherwise provided in section 955.012 or 955.16 of	29617
the Revised Code, every person, immediately upon becoming the	29618
owner, keeper, or harborer of any dog more than three months of	29619
age or brought from outside the state during any year, shall file	29620
like applications, with fees, as required by section 955.01 of the	29621
Revised Code, for registration for the current year. If ~~such~~the	29622
application is not filed and the fee paid, within thirty days	29623
after ~~such~~the dog is acquired, becomes three months of age, or is	29624
brought from outside the state, the auditor shall assess a penalty	29625
in an amount equal to the registration fee upon ~~such~~the owner,	29626
keeper, or harborer, which ~~must~~shall be paid with the	29627
registration fee. Thereafter, the owner, keeper, or harborer shall	29628
register the dog for a period of one year or three years or	29629
register the dog permanently as provided in section 955.01 of the	29630
Revised Code.	29631

Every person becoming the owner of a kennel of dogs after the	29632
thirty-first day of January of any year shall file like	29633
applications, with fees, as required by section 955.04 of the	29634
Revised Code, for the registration of such kennel for the current	29635
calendar year. If such application is not filed and the fee paid	29636
within thirty days after the person becomes the owner of such	29637
kennel, the auditor shall assess a penalty in an amount equal to	29638
the registration fee upon the owner of such kennel.	29639

Sec. 955.06. The owner, keeper, or harborer of a dog	29640
becoming three months of age after the first day of July in a	29641
calendar year and the owner, keeper, or harborer of a dog	29642
purchased outside the state after the first day of July in a	29643
calendar year shall register the dog for one year. The	29644
registration fee for any such dog ~~becoming three months of age~~	29645
~~after the first day of July of any year and the registration fee~~	29646
~~of any dog purchased from outside the state after the first day of~~	29647
~~July of any year~~ shall be one-half of the original fee.	29648
Thereafter, the owner, keeper, or harborer shall register the dog	29649
for a period of one year or three years or register the dog	29650
permanently as provided in section 955.01 of the Revised Code.	29651

Sec. 955.07. Upon the filing of the application for	29652
registration required by sections 955.01 and 955.04 of the Revised	29653
Code and upon the payment of the registration fee and the	29654
administrative fee, if applicable, the county auditor shall assign	29655
a distinctive number to every dog or dog kennel described in the	29656
application and shall deliver a certificate of registration	29657
bearing the number to the owner of the dog or dog kennel. A record	29658
of all certificates of registration issued, together with the	29659
applications for registration, shall be kept by the auditor in a	29660
dog and kennel register ~~for two years or~~ until after an audit	29661
performed by the auditor of state~~, whichever is later~~. This record	29662
shall be open to the inspection of any person during reasonable	29663
business hours.	29664

Sec. 955.08. In addition to the certificate of registration	29665
provided for by section 955.07 of the Revised Code, the county	29666
auditor shall issue to every person making application for the	29667
registration of a dog and paying the required fee therefor a metal	29668
tag for each dog so registered. The form, color, character, and	29669
lettering of the tag shall be prescribed by the county auditor.	29670
~~Each year the tag shall be a color distinctive from that of the~~	29671
~~previous year.~~ If a tag is lost, a duplicate shall be furnished by	29672
the auditor upon proper proof of loss and the payment of five	29673
dollars for each duplicate tag issued.	29674

Sec. 955.09. Certificates of registration and registration	29675
tags shall be valid only during the calendar year inor years for	29676
which they are issued~~, and during the first thirty-one days of the~~	29677
~~following calendar year~~.	29678

Sec. 955.12. ~~The~~Except as provided in section 955.121 of	29679
Revised Code, a board of county commissioners shall appoint or	29680
employ a county dog warden and deputies in such number, for such	29681
periods of time, and at such compensation as the board considers	29682
necessary to enforce sections 955.01 to 955.27, 955.29 to 955.38,	29683
and 955.50 to 955.53 of the Revised Code.	29684

The warden and deputies shall give bond in a sum not less	29685
than five hundred dollars and not more than two thousand dollars,	29686
as set by the board, conditioned for the faithful performance of	29687
their duties. The bond or bonds may, in the discretion of the	29688
board, be individual or blanket bonds. The bonds shall be filed	29689
with the county auditor of their respective counties.	29690

The warden and deputies shall make a record of all dogs	29691
owned, kept, and harbored in their respective counties. They shall	29692
patrol their respective counties and seize and impound on sight	29693
all dogs found running at large and all dogs more than three	29694
months of age found not wearing a valid registration tag, except	29695
any dog that wears a valid registration tag and is: on the	29696
premises of its owner, keeper, or harborer, under the reasonable	29697
control of its owner or some other person, hunting with its owner	29698
or its handler at a field trial, kept constantly confined in a dog	29699
kennel registered under this chapter or one licensed under Chapter	29700
956. of the Revised Code, or acquired by, and confined on the	29701
premises of, an institution or organization of the type described	29702
in section 955.16 of the Revised Code. A dog that wears a valid	29703
registration tag may be seized on the premises of its owner,	29704
keeper, or harborer and impounded only in the event of a natural	29705
disaster.	29706

If a dog warden has reason to believe that a dog is being	29707
treated inhumanely on the premises of its owner, keeper, or	29708
harborer, the warden shall apply to the court of common pleas for	29709
the county in which the premises are located for an order to enter	29710
the premises, and if necessary, seize the dog. If the court finds	29711
probable cause to believe that the dog is being treated	29712
inhumanely, it shall issue such an order.	29713

The warden and deputies shall also investigate all claims for	29714
damages to animals reported to them under section 955.29 of the	29715
Revised Code and assist claimants to fill out the claim form	29716
therefor. They shall make weekly reports, in writing, to the board	29717
in their respective counties of all dogs seized, impounded,	29718
redeemed, and destroyed and of all claims for damage to animals	29719
inflicted by dogs.	29720

The wardens and deputies shall have the same police powers as	29721
are conferred upon sheriffs and police officers in the performance	29722
of their duties as prescribed by sections 955.01 to 955.27, 955.29	29723
to 955.38, and 955.50 to 955.53 of the Revised Code. They shall	29724
also have power to summon the assistance of bystanders in	29725
performing their duties and may serve writs and other legal	29726
processes issued by any court in their respective counties with	29727
reference to enforcing those sections. County auditors may	29728
deputize the wardens or deputies to issue dog licenses as provided	29729
in sections 955.01 and 955.14 of the Revised Code.	29730

Whenever any person files an affidavit in a court of	29731
competent jurisdiction that there is a dog running at large that	29732
is not kept constantly confined either in a dog kennel registered	29733
under this chapter or one licensed under Chapter 956. of the	29734
Revised Code or on the premises of an institution or organization	29735
of the type described in section 955.16 of the Revised Code or	29736
that a dog is kept or harbored in the warden's jurisdiction	29737
without being registered as required by law, the court shall	29738
immediately order the warden to seize and impound the dog.	29739
Thereupon the warden shall immediately seize and impound the dog	29740
complained of. The warden shall give immediate notice by certified	29741
mail to the owner, keeper, or harborer of the dog seized and	29742
impounded by the warden, if the owner, keeper, or harborer can be	29743
determined from the current year's registration list maintained by	29744
the warden and the county auditor of the county where the dog is	29745
registered, that the dog has been impounded and that, unless the	29746
dog is redeemed within fourteen days of the date of the notice, it	29747
may thereafter be sold or destroyed according to law. If the	29748
owner, keeper, or harborer cannot be determined from the current	29749
year's registration list maintained by the warden and the county	29750
auditor of the county where the dog is registered, the officer	29751
shall post a notice in the pound or animal shelter both describing	29752
the dog and place where seized and advising the unknown owner	29753
that, unless the dog is redeemed within three days, it may	29754
thereafter be sold or destroyed according to law.	29755

As used in this section, "animal" has the same meaning as in	29756
section 955.51 of the Revised Code.	29757

Sec. 955.121. (A)(1) In lieu of appointing a county dog	29758
warden and deputies under section 955.12 of the Revised Code, a	29759
board of county commissioners may appoint the county sheriff to	29760
enforce sections 955.01 to 955.27, 955.29 to 955.38, and 955.50 to	29761
955.53 of the Revised Code. If a board chooses to appoint the	29762
county sheriff as the county dog warden, the board shall enter	29763
into a two-year written agreement with the sheriff for that	29764
purpose at the first meeting in a calendar year following a	29765
general election in which at least one of the members of the board	29766
was elected.	29767

(2) The agreement may authorize both of the following:

29768

(a) The sheriff to appoint sheriff's deputies or persons	29769
other than peace officers as deputy dog wardens;	29770

(b) The transfer of any benefits accrued by employees who are	29771
transferred as a result of the county sheriff's being appointed as	29772
the county dog warden.	29773

(B) Any dog warden and deputy dog wardens appointed under	29774
this section shall comply with both of the following:	29775

(1) Any training requirements applicable to county dog	29776
wardens and deputy dog wardens appointed or employed under section	29777
955.12 of the Revised Code;	29778

(2) The requirements established in that section.

29779

(C) If a county sheriff or a sheriff's deputies are appointed	29780
as a dog warden or deputy dog wardens under this section,	29781
references in this chapter and in Chapters 953., 956., and 959. of	29782
the Revised Code to "dog warden" and "deputy dog warden" shall be	29783
deemed to be replaced, respectively, with references to "sheriff"	29784
and "deputy sheriff."	29785

Sec. 955.14. (A) Notwithstanding section 955.01 of the	29786
Revised Code, a board of county commissioners by resolution may	29787
increase dog and kennel registration fees in the county. The	29788
amount of the fees shall not exceed an amount that the board, in	29789
its discretion, estimates is needed to pay all expenses for the	29790
administration of this chapter and to pay claims allowed for	29791
animals injured or destroyed by dogs. Such a resolution shall be	29792
adopted not earlier than the first day of February and not later	29793
than the thirty-first day of August of any year and shall ~~apply to~~	29794
specify the registration period ~~commencing on the first day of~~	29795
~~December of the current year and ending on the thirty-first day of~~	29796
~~January of the following year, unless the period is extended under~~	29797
~~section 955.01 of the Revised Code~~or periods to which the	29798
increased fees apply. ~~Any~~An increase in fees adopted under this	29799
division shall be in the ratio of two dollars for each year of	29800
registration for a dog registration fee, twenty dollars for a	29801
permanent~~for a~~ dog registration fee, and ten dollars for a kennel	29802
registration fee.	29803

(B) Not later than the fifteenth day of October of each year,	29804
the board of county commissioners shall determine if there is	29805
sufficient money in the dog and kennel fund, after paying the	29806
expenses of administration incurred or estimated to be incurred	29807
for the remainder of the year, to pay the claims allowed for	29808
animals injured or destroyed by dogs. If the board determines	29809
there is not sufficient money in the dog and kennel fund to pay	29810
the claims allowed, the board shall provide by resolution that all	29811
claims remaining unpaid shall be paid from the general fund of the	29812
county. All money paid out of the general fund for those purposes	29813
may be replaced by the board from the dog and kennel fund at any	29814
time during the following year notwithstanding section 5705.14 of	29815
the Revised Code.	29816

(C) Notwithstanding section 955.20 of the Revised Code, if	29817
dog and kennel registration fees in any county are increased above	29818
two dollars for each year of registration and twenty dollars for a	29819
permanent registration for a dog registration fee and ten dollars,	29820
~~respectively,~~for a kennel registration fee under authority of	29821
division (A) of this section, then on or before the first day of	29822
March following each year in which the increased fees are in	29823
effect, the county auditor shall draw on the dog and kennel fund a	29824
warrant payable to the college of veterinary medicine of the Ohio	29825
state university in an amount equal to ten cents for each one-year	29826
dog ~~and~~registration, thirty cents for each three-year dog	29827
registration, one dollar for each permanent dog registration, and	29828
ten cents for each kennel registration fee received during the	29829
preceding year. The money received by the college of veterinary	29830
medicine of the Ohio state university under this division shall be	29831
applied for research and study of the diseases of dogs,	29832
particularly those transmittable to humans, and for research of	29833
other diseases of dogs that by their nature will provide results	29834
applicable to the prevention and treatment of both human and	29835
canine illness.	29836

(D) The Ohio state university college of veterinary medicine	29837
shall be responsible to report annually to the general assembly	29838
the progress of the research and study authorized and funded by	29839
division (C) of this section. The report shall briefly describe	29840
the research projects undertaken and assess the value of each. The	29841
report shall account for funds received pursuant to division (C)	29842
of this section and for the funds expended attributable to each	29843
research project and for other necessary expenses in conjunction	29844
with the research authorized by division (C) of this section. The	29845
report shall be filed with the general assembly by the first day	29846
of May of each year.	29847

(E) The county auditor may authorize agents to receive	29848
applications for registration of dogs and kennels and to issue	29849
certificates of registration and tags. If authorized agents are	29850
employed in a county, each applicant for a dog or kennel	29851
registration shall pay to the agent an administrative fee of	29852
seventy-five cents in addition to the registration fee. The	29853
administrative fee shall be the compensation of the agent. The	29854
county auditor shall establish rules for reporting and accounting	29855
by the agents. No administrative or similar fee shall be charged	29856
in any county except as authorized by this division or division	29857
(F) of this section.	29858

(F) For any county that accepts the payment of dog and kennel	29859
registration fees by financial transaction devices in accordance	29860
with section 955.013 of the Revised Code, in addition to those	29861
registration fees, the county auditor shall collect for each	29862
registration paid by a financial transaction device one of the	29863
following:	29864

(1) An administrative fee of seventy-five cents or another	29865
amount necessary to cover actual costs designated by the county	29866
auditor;	29867

(2) If the board of county commissioners adopts a surcharge	29868
or convenience fee for making payments by a financial transaction	29869
device under division (E) of section 301.28 of the Revised Code,	29870
that surcharge or convenience fee;	29871

(3) If the county auditor contracts with a third party to	29872
provide services to enable registration via the internet as	29873
provided in section 955.013 of the Revised Code, a surcharge or	29874
convenience fee as agreed to between that third party and the	29875
county for those internet registration services. Any additional	29876
expenses incurred by the county auditor that result from a	29877
contract with a third party as provided in this section and	29878
section 955.013 of the Revised Code and that are not covered by a	29879
surcharge or convenience fee shall be paid out of the allowance	29880
provided to the county auditor under section 955.20 of the Revised	29881
Code.	29882

(G) The county auditor shall post conspicuously the amount of	29883
the administrative fee, surcharge, or convenience fee that is	29884
permissible under this section on the web page where the auditor	29885
accepts payments for registrations made under division (B)(1) of	29886
section 955.013 of the Revised Code. If any person chooses to pay	29887
by financial transaction device, the administrative fee,	29888
surcharge, or convenience fee shall be considered voluntary and is	29889
not refundable.	29890

(H) As used in this section, "animal" has the same meaning as	29891
in section 955.51 of the Revised Code.	29892

Sec. 955.201. (A) As used in this section and in section	29893
955.202 of the Revised Code, "Ohio pet fund" means a nonprofit	29894
corporation organized by that name under Chapter 1702. of the	29895
Revised Code that consists of humane societies, veterinarians,	29896
animal shelters, companion animal breeders, dog wardens, or	29897
similar individuals and entities.	29898

(B) The Ohio pet fund shall do all of the following:

29899

(1) Establish eligibility criteria for organizations that may	29900
receive financial assistance from the Ohio pet fund. Those	29901
organizations may include any of the following:	29902

(a) An animal shelter as defined in section 4729.01 of the	29903
Revised Code;	29904

(b) A local nonprofit veterinary association that operates a	29905
program for the sterilization of dogs and cats;	29906

(c) A charitable organization that is exempt from federal	29907
income taxation under subsection 501(c)(3) of the Internal Revenue	29908
Code and a purpose of which is to support programs for the	29909
sterilization of dogs and cats and educational programs concerning	29910
the proper veterinary care of those animals.	29911

(2) Establish procedures for applying for financial	29912
assistance from the Ohio pet fund. Application procedures shall	29913
require eligible organizations to submit detailed proposals that	29914
outline the intended uses of the moneys sought.	29915

(3) Establish eligibility criteria for sterilization and	29916
educational programs for which moneys from the Ohio pet fund may	29917
be used and, consistent with division (C) of this section,	29918
establish eligibility criteria for individuals who seek	29919
sterilization for their dogs and cats from eligible organizations;	29920

(4) Establish procedures for the disbursement of moneys the	29921
Ohio pet fund receives from license plate contributions pursuant	29922
to division (C) of section 4503.551 of the Revised Code;	29923

(5) Advertise or otherwise provide notification of the	29924
availability of financial assistance from the Ohio pet fund for	29925
eligible organizations;	29926

(6) Design markings to be inscribed on "pets" license plates	29927
under section 4503.551 of the Revised Code.	29928

(C)(1) The owner of a dog or cat is eligible for dog or cat	29929
sterilization services from an eligible organization when those	29930
services are subsidized in whole or in part by money from the Ohio	29931
pet fund if any of the following applies:	29932

(a) The income of the owner's family does not exceed one	29933
hundred fifty per cent of the federal poverty guideline.	29934

(b) The owner, or any member of the owner's family who	29935
resides with the owner, is a recipient or beneficiary of one of	29936
the following government assistance programs:	29937

(i) Low-income housing assistance under the "United States	29938
Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the	29939
federal section 8 housing program;	29940

(ii) The Ohio works first program established by Chapter	29941
5107. of the Revised Code;	29942

(iii) ~~Title XIX of the "Social Security Act," 49 Stat. 620~~	29943
~~(1935), 42 U.S.C.A. 301, as amended, known as the medical~~	29944
~~assistance~~The medicaid program ~~or medicaid, provided by the~~	29945
~~department of job and family services under Chapter 5111. of the~~	29946
~~Revised Code~~;	29947

(iv) A program or law administered by the United States	29948
department of veterans' affairs or veterans' administration for	29949
any service-connected disability;	29950

(v) The supplemental nutrition assistance program established	29951
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),	29952
administered by the department of job and family services under	29953
section 5101.54 of the Revised Code;	29954

(vi) The "special supplemental nutrition program for women,	29955
infants, and children" established under the "Child Nutrition Act	29956
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered	29957
by the department of health under section 3701.132 of the Revised	29958
Code;	29959

(vii) Supplemental security income under Title XVI of the	29960
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as	29961
amended;	29962

(viii) Social security disability insurance benefits provided	29963
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	29964
42 U.S.C.A. 401, as amended.	29965

(c) The owner of the dog or cat submits to the eligible	29966
organization operating the sterilization program either of the	29967
following:	29968

(i) A certificate of adoption showing that the dog or cat was	29969
adopted from a licensed animal shelter, a municipal, county, or	29970
regional pound, or a holding and impoundment facility that	29971
contracts with a municipal corporation;	29972

(ii) A certificate of adoption showing that the dog or cat	29973
was adopted through a nonprofit corporation operating an animal	29974
adoption referral service whose holding facility, if any, is	29975
licensed in accordance with state law or a municipal ordinance.	29976

(2) The Ohio pet fund shall determine the type of documentary	29977
evidence that must be presented by the owner of a dog or cat to	29978
show that the income of the owner's family does not exceed one	29979
hundred fifty per cent of the federal poverty guideline or that	29980
the owner is eligible under division (C)(1)(b) of this section.	29981

(D) As used in division (C) of this section, "federal poverty	29982
guideline" means the official poverty guideline as revised	29983
annually by the United States department of health and human	29984
services in accordance with section 673(2) of the "Omnibus Budget	29985
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	29986
amended, for a family size equal to the size of the family of the	29987
person whose income is being determined.	29988

Sec. 956.07. (A) A person who is applying for a license to	29989
operate a high volume breeder or to act as or perform the	29990
functions of a dog retailer under section 956.04 or 956.05 of the	29991
Revised Code, as applicable, shall include with the application	29992
for a license a nonrefundable license application fee. For the	29993
purpose of calculating the application fee for a high volume	29994
breeder, the sale of one dog from a litter constitutes the sale of	29995
a litter. The application fees are as follows:	29996

(1) For a high volume breeder:

29997

(a) One hundred fifty dollars if the high volume breeder	29998
annually sells at least nine, but not more than fifteen litters;	29999

(b) Two hundred fifty dollars if the high volume breeder	30000
annually sells at least sixteen, but not more than twenty-five	30001
litters;	30002

(c) Three hundred fifty dollars if the high volume breeder	30003
annually sells at least twenty-six, but not more than thirty-five	30004
litters;	30005

(d) Five hundred dollars if the high volume breeder annually	30006
sells at least thirty-six, but not more than forty-five litters;	30007

(e) Seven hundred fifty dollars if the high volume breeder	30008
annually sells forty-six or more litters.	30009

(2) For a dog retailer, five hundred dollars.

30010

(B) Money collected by the director of agriculture from each	30011
application fee submitted under this section shall be ~~transmitted~~	30012
~~by the director to the treasurer of~~deposited in the state	30013
treasury to ~~be credited to~~the credit of the high volume breeder	30014
kennel control license fund created in section 956.18 of the	30015
Revised Code. The ~~treasurer of state shall transfer to the county~~	30016
~~auditor of the county in which a high volume breeder is located or~~	30017
~~will be located~~director shall use fifty dollars of the	30018
application fee submitted by ~~the~~a high volume breeder under this	30019
section or an amount equal to the fee charged ~~in that county~~ for	30020
the registration of a kennel under section 955.14 of the Revised	30021
Code in the county in which the high volume breeder is located or	30022
will be located, whichever is greater, to reimburse that county.	30023
The county auditor shall deposit the transferred money into that	30024
county's dog and kennel fund created under section 955.20 of the	30025
Revised Code.	30026

Sec. 956.18. (A) All money collected by the director of	30027
agriculture from license fees under section ~~956.08~~956.07 and	30028
civil penalties assessed under section 956.13 of the Revised Code	30029
shall be deposited in the state treasury to the credit of the high	30030
volume breeder kennel control license fund, which is hereby	30031
created. The fund shall also consist of money appropriated to it.	30032

(B) No money may be released from the fund without	30033
controlling board approval. The director shall request the	30034
controlling board to release money in an amount not to exceed two	30035
million five hundred thousand dollars per biennium.	30036

(C) The director shall use the money in the fund for the	30037
purpose of administering this chapter and rules adopted under it.	30038

Sec. 959.131. (A) As used in this section:

30039

(1) "Companion animal" means any animal that is kept inside a	30040
residential dwelling and any dog or cat regardless of where it is	30041
kept. "Companion animal" does not include livestock or any wild	30042
animal.	30043

(2) "Cruelty," "torment," and "torture" have the same	30044
meanings as in section 1717.01 of the Revised Code.	30045

(3) "Residential dwelling" means a structure or shelter or	30046
the portion of a structure or shelter that is used by one or more	30047
humans for the purpose of a habitation.	30048

(4) "Practice of veterinary medicine" has the same meaning as	30049
in section 4741.01 of the Revised Code.	30050

(5) "Wild animal" has the same meaning as in section 1531.01	30051
of the Revised Code.	30052

(6) "Federal animal welfare act" means the "Laboratory Animal	30053
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A.	30054
2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub.	30055
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act	30056
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and	30057
the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354	30058
(1985), and as it may be subsequently amended.	30059

(7) "Dog kennel" means an animal rescue for dogs that is	30060
registered under section 956.06 of the Revised Code, a boarding	30061
kennel, or a training kennel.	30062

(8) "Boarding kennel" has the same meaning as in section	30063
956.01 of the Revised Code.	30064

(9) "Training kennel" means an establishment operating for	30065
profit that keeps, houses, and maintains dogs for the purpose of	30066
training the dogs in return for a fee or other consideration.	30067

(10) "Livestock" means horses, mules, and other equidae;	30068
cattle, sheep, goats, and other bovidae; swine and other suidae;	30069
poultry; alpacas; llamas; captive white-tailed deer; and any other	30070
animal that is raised or maintained domestically for food or	30071
fiber.	30072

(11) "Captive white-tailed deer" has the same meaning as in	30073
section 1531.01 of the Revised Code.	30074

(B) No person shall knowingly torture, torment, needlessly	30075
mutilate or maim, cruelly beat, poison, needlessly kill, or commit	30076
an act of cruelty against a companion animal.	30077

(C) No person who confines or who is the custodian or	30078
caretaker of a companion animal shall negligently do any of the	30079
following:	30080

(1) ~~Torture, torment, needlessly mutilate or maim, cruelly~~	30081
~~beat, poison, needlessly kill, or commit an act of cruelty against~~	30082
~~the companion animal;~~Commit any act by which unnecessary or	30083
unjustifiable pain or suffering is caused, permitted, or allowed	30084
to continue, when there is a reasonable remedy or relief, against	30085
the companion animal;	30086

(2) Omit any act of care by which unnecessary or	30087
unjustifiable pain or suffering is caused, permitted, or allowed	30088
to continue, when there is a reasonable remedy or relief, against	30089
the companion animal;	30090

(3) Commit any act of neglect by which unnecessary or	30091
unjustifiable pain or suffering is caused, permitted, or allowed	30092
to continue, when there is a reasonable remedy or relief, against	30093
the companion animal;	30094

(4) Needlessly kill the companion animal;

30095

(5) Deprive the companion animal of necessary sustenance,	30096
confine the companion animal without supplying it during the	30097
confinement with sufficient quantities of good, wholesome food and	30098
water, or impound or confine the companion animal without	30099
affording it, during the impoundment or confinement, with access	30100
to shelter from heat, cold, wind, rain, snow, or excessive direct	30101
sunlight, if it can reasonably be expected that the companion	30102
animal would become sick or suffer in any other way as a result of	30103
or due to the deprivation, confinement, or impoundment or	30104
confinement in any of those specified manners.	30105

(D) No owner, manager, or employee of a dog kennel who	30106
confines or is the custodian or caretaker of a companion animal	30107
shall knowingly do any of the following:	30108

(1) Torture, torment, needlessly mutilate or maim, cruelly	30109
beat, poison, needlessly kill, or commit an act of cruelty against	30110
the companion animal;	30111

(2) Deprive the companion animal of necessary sustenance,	30112
confine the companion animal without supplying it during the	30113
confinement with sufficient quantities of food and water, or	30114
impound or confine the companion animal without affording it,	30115
during the impoundment or confinement, with access to shelter if	30116
it is substantially certain that the companion animal would die or	30117
experience unnecessary or unjustifiable pain or suffering due to	30118
the deprivation, confinement, or impoundment or confinement in any	30119
of those specified manners.	30120

(E) No owner, manager, or employee of a dog kennel who	30121
confines or is the custodian or caretaker of a companion animal	30122
shall negligently do any of the following:	30123

(1) Commit any act by which unnecessary or unjustifiable pain	30124
or suffering is caused, permitted, or allowed to continue, when	30125
there is a reasonable remedy or relief, against the companion	30126
animal;	30127

(2) Omit any act of care by which unnecessary or	30128
unjustifiable pain or suffering is caused, permitted, or allowed	30129
to continue, when there is a reasonable remedy or relief, against	30130
the companion animal;	30131

(3) Commit any act of neglect by which unnecessary or	30132
unjustifiable pain or suffering is caused, permitted, or allowed	30133
to continue, when there is a reasonable remedy or relief, against	30134
the companion animal;	30135

(4) Needlessly kill the companion animal;

30136

(5) Deprive the companion animal of necessary sustenance,	30137
confine the companion animal without supplying it during the	30138
confinement with sufficient quantities of good, wholesome food and	30139
water, or impound or confine the companion animal without	30140
affording it, during the impoundment or confinement, with access	30141
to shelter from heat, cold, wind, rain, snow, or excessive direct	30142
sunlight if it can reasonably be expected that the companion	30143
animal would become sick or suffer in any other way as a result of	30144
or due to the deprivation, confinement, or impoundment or	30145
confinement in any of those specified manners.	30146

(F) Divisions (B) ~~and~~, (C), (D), and (E) of this section do	30147
not apply to any of the following:	30148

(1) A companion animal used in scientific research conducted	30149
by an institution in accordance with the federal animal welfare	30150
act and related regulations;	30151

(2) The lawful practice of veterinary medicine by a person	30152
who has been issued a license, temporary permit, or registration	30153
certificate to do so under Chapter 4741. of the Revised Code;	30154

(3) Dogs being used or intended for use for hunting or field	30155
trial purposes, provided that the dogs are being treated in	30156
accordance with usual and commonly accepted practices for the care	30157
of hunting dogs;	30158

(4) The use of common training devices, if the companion	30159
animal is being treated in accordance with usual and commonly	30160
accepted practices for the training of animals;	30161

(5) The administering of medicine to a companion animal that	30162
was properly prescribed by a person who has been issued a license,	30163
temporary permit, or registration certificate under Chapter 4741.	30164
of the Revised Code.	30165

~~(E)~~(G) Notwithstanding any section of the Revised Code that	30166
otherwise provides for the distribution of fine moneys, the clerk	30167
of court shall forward all fines the clerk collects that are so	30168
imposed for any violation of this section to the treasurer of the	30169
political subdivision or the state, whose county humane society or	30170
law enforcement agency is to be paid the fine money as determined	30171
under this division. The treasurer to whom the fines are forwarded	30172
shall pay the fine moneys to the county humane society or the	30173
county, township, municipal corporation, or state law enforcement	30174
agency in this state that primarily was responsible for or	30175
involved in the investigation and prosecution of the violation. If	30176
a county humane society receives any fine moneys under this	30177
division, the county humane society shall use the fine moneys to	30178
provide the training that is required for humane agents under	30179
section 1717.06 of the Revised Code.	30180

Sec. 959.132. (A) As used in this section:

30181

(1) "Companion animal" has the same meaning as in section	30182
959.131 of the Revised Code.	30183

(2) "Impounding agency" means a county humane society	30184
organized under section 1717.05 of the Revised Code, an animal	30185
shelter, or a law enforcement agency that has impounded a	30186
companion animal in accordance with this section.	30187

(3) "Offense" means a violation of section 959.131 of the	30188
Revised Code or an attempt, in violation of section 2923.02 of the	30189
Revised Code, to violate section 959.131 of the Revised Code.	30190

(4) "Officer" means any law enforcement officer, agent of a	30191
county humane society, or other person appointed to act as an	30192
animal control officer for a municipal corporation or township in	30193
accordance with state law, an ordinance, or a resolution.	30194

(B) An officer may seize and cause to be impounded at an	30195
impounding agency a companion animal that the officer has probable	30196
cause to believe is the subject of an offense. No officer or	30197
impounding agency shall impound a companion animal that is the	30198
subject of an offense in a shelter owned, operated, or controlled	30199
by a board of county commissioners pursuant to Chapter 955. of the	30200
Revised Code unless the board, by resolution, authorizes the	30201
impoundment of such a companion animal in a shelter owned,	30202
operated, or controlled by that board and has executed, in the	30203
case when the officer is other than a dog warden or assistant dog	30204
warden, a contract specifying the terms and conditions of the	30205
impoundment.	30206

(C) The officer shall give written notice of the seizure and	30207
impoundment to the owner, keeper, or harborer of the companion	30208
animal that was seized and impounded. If the officer is unable to	30209
give the notice to the owner, keeper, or harborer of the companion	30210
animal, the officer shall post the notice on the door of the	30211
residence or in another conspicuous place on the premises at which	30212
the companion animal was seized. The notice shall include a	30213
statement that a hearing will be held not later than ten days	30214
after the notice is provided or at the next available court date	30215
to determine whether the officer had probable cause to seize the	30216
companion animal and, if applicable, to determine the amount of a	30217
bond or cash deposit that is needed to provide for the companion	30218
animal's care and keeping for not less than thirty days beginning	30219
on the date on which the companion animal was impounded.	30220

(D) A companion animal that is seized under this section may	30221
be humanely destroyed immediately or at any time during	30222
impoundment if a licensed veterinarian determines it to be	30223
necessary because the companion animal is suffering.	30224

(E)(1) Not later than ten days after notice is provided or at	30225
the next available court date, the court shall hold a hearing to	30226
determine whether the officer impounding a companion animal had	30227
probable cause to seize the companion animal. If the court	30228
determines that probable cause exists, the court shall determine	30229
the amount of a bond or cash deposit that is needed to provide for	30230
the companion animal's care and keeping for not less than thirty	30231
days beginning on the date on which the companion animal was	30232
impounded.	30233

(2) If the court determines that probable cause does not	30234
exist, the court immediately shall order the impounding agency to	30235
return the companion animal to its owner if possible. If the	30236
companion animal cannot be returned because it has died as a	30237
result of neglect or other misconduct by the impounding agency or	30238
if the companion animal is injured as a result of neglect or other	30239
misconduct by the impounding agency, the court shall order the	30240
impounding agency to pay the owner an amount determined by the	30241
court to be equal to the reasonable market value of the companion	30242
animal at the time that it was impounded plus statutory interest	30243
as defined in section 1343.03 of the Revised Code from the date of	30244
the impoundment or an amount determined by the court to be equal	30245
to the reasonable cost of treatment of the injury to the companion	30246
animal, as applicable. The requirement established in division	30247
(E)(2) of this section regarding the payment of the reasonable	30248
market value of the companion animal shall not apply in the case	30249
of a dog that, in violation of section 955.01 of the Revised Code,	30250
was not registered at the time it was seized and impounded.	30251

(3) If the court determines that probable cause exists and	30252
determines the amount of a bond or cash deposit, the case shall	30253
continue and the owner shall post a bond or cash deposit to	30254
provide for the companion animal's care and keeping for not less	30255
than thirty days beginning on the date on which the companion	30256
animal was impounded. The owner may renew a bond or cash deposit	30257
by posting, not later than ten days following the expiration of	30258
the period for which a previous bond or cash deposit was posted, a	30259
new bond or cash deposit in an amount that the court, in	30260
consultation with the impounding agency, determines is sufficient	30261
to provide for the companion animal's care and keeping for not	30262
less than thirty days beginning on the date on which the previous	30263
period expired. If no bond or cash deposit is posted or if a bond	30264
or cash deposit expires and is not renewed, the impounding agency	30265
may determine the disposition of the companion animal unless the	30266
court issues an order that specifies otherwise.	30267

(F) If a person is convicted of committing an offense, the	30268
court may impose the following additional penalties against the	30269
person:	30270

(1) A requirement that the person pay for the costs incurred	30271
by the impounding agency in caring for a companion animal involved	30272
in the applicable offense, provided that the costs were incurred	30273
during the companion animal's impoundment. A bond or cash deposit	30274
posted under this section may be applied to the costs.	30275

(2) An order permanently terminating the person's right to	30276
possession, title, custody, or care of the companion animal that	30277
was involved in the offense. If the court issues such an order,	30278
the court shall order the disposition of the companion animal.	30279

(G) If a person is found not guilty of committing an offense,	30280
the court immediately shall order the impounding agency to return	30281
the companion animal to its owner if possible and to return the	30282
entire amount of any bond or cash deposit posted under division	30283
(E) of this section. If the companion animal cannot be returned	30284
because it has died as a result of neglect or other misconduct by	30285
the impounding agency or if the companion animal is injured as a	30286
result of neglect or other misconduct by the impounding agency,	30287
the court shall order the impounding agency to pay the owner an	30288
amount determined by the court to be equal to the reasonable	30289
market value of the companion animal at the time that it was	30290
impounded plus statutory interest as defined in section 1343.03 of	30291
the Revised Code from the date of the impoundment or an amount	30292
determined by the court to be equal to the reasonable cost of	30293
treatment of the injury to the companion animal, as applicable.	30294
The requirements established in this division regarding the return	30295
of a bond or cash deposit and the payment of the reasonable market	30296
value of the companion animal shall not apply in the case of a dog	30297
that, in violation of section 955.01 of the Revised Code, was not	30298
registered at the time it was seized and impounded.	30299

(H) If charges are filed under section 959.131 of the Revised	30300
Code against the custodian or caretaker of a companion animal, but	30301
the companion animal that is the subject of the charges is not	30302
impounded, the court in which the charges are pending may order	30303
the owner or person having custody of the companion animal to	30304
provide to the companion animal the necessities described in	30305
division (C)~~(2)~~(5), (D)(2), or (E)(5) of section 959.131 of the	30306
Revised Code until the final disposition of the charges. If the	30307
court issues an order of that nature, the court also may authorize	30308
an officer or another person to visit the place where the	30309
companion animal is being kept, at the times and under the	30310
conditions that the court may set, to determine whether the	30311
companion animal is receiving those necessities and to remove and	30312
impound the companion animal if the companion animal is not	30313
receiving those necessities.	30314

Sec. 959.99. (A) Whoever violates section 959.18 or 959.19	30315
of the Revised Code is guilty of a minor misdemeanor.	30316

(B) Except as otherwise provided in this division, whoever	30317
violates section 959.02 of the Revised Code is guilty of a	30318
misdemeanor of the second degree. If the value of the animal	30319
killed or the injury done amounts to three hundred dollars or	30320
more, whoever violates section 959.02 of the Revised Code is	30321
guilty of a misdemeanor of the first degree.	30322

(C) Whoever violates section 959.03, 959.06, 959.12, 959.15,	30323
or 959.17 of the Revised Code is guilty of a misdemeanor of the	30324
fourth degree.	30325

(D) Whoever violates division (A) of section 959.13 of the	30326
Revised Code is guilty of a misdemeanor of the second degree. In	30327
addition, the court may order the offender to forfeit the animal	30328
or livestock and may provide for its disposition, including, but	30329
not limited to, the sale of the animal or livestock. If an animal	30330
or livestock is forfeited and sold pursuant to this division, the	30331
proceeds from the sale first shall be applied to pay the expenses	30332
incurred with regard to the care of the animal from the time it	30333
was taken from the custody of the former owner. The balance of the	30334
proceeds from the sale, if any, shall be paid to the former owner	30335
of the animal.	30336

(E)(1) Whoever violates division (B) of section 959.131 of	30337
the Revised Code is guilty of a misdemeanor of the first degree on	30338
a first offense and a felony of the fifth degree on each	30339
subsequent offense.	30340

(2) Whoever violates section 959.01 of the Revised Code or	30341
division (C) of section 959.131 of the Revised Code is guilty of a	30342
misdemeanor of the second degree on a first offense and a	30343
misdemeanor of the first degree on each subsequent offense.	30344

(3) Whoever violates division (D) of section 959.131 of the	30345
Revised Code is guilty of a felony of the fifth degree.	30346

(4) Whoever violates division (E) of section 959.131 of the	30347
Revised Code is guilty of a misdemeanor of the first degree.	30348

(5)(a) A court may order a person who is convicted of or	30349
pleads guilty to a violation of section 959.131 of the Revised	30350
Code to forfeit to an impounding agency, as defined in section	30351
959.132 of the Revised Code, any or all of the companion animals	30352
in that person's ownership or care. The court also may prohibit or	30353
place limitations on the person's ability to own or care for any	30354
companion animals for a specified or indefinite period of time.	30355

(b) A court may order a person who is convicted of or pleads	30356
guilty to a violation of section 959.131 of the Revised Code to	30357
reimburse an impounding agency for the reasonably necessary costs	30358
incurred by the agency for the care of a companion animal that the	30359
agency impounded as a result of the investigation or prosecution	30360
of the violation, provided that the costs were not otherwise paid	30361
under section 959.132 of the Revised Code.	30362

~~(4)~~(6) If a court has reason to believe that a person who is	30363
convicted of or pleads guilty to a violation of section 959.131 of	30364
the Revised Code suffers from a mental or emotional disorder that	30365
contributed to the violation, the court may impose as a community	30366
control sanction or as a condition of probation a requirement that	30367
the offender undergo psychological evaluation or counseling. The	30368
court shall order the offender to pay the costs of the evaluation	30369
or counseling.	30370

(F) Whoever violates section 959.14 of the Revised Code is	30371
guilty of a misdemeanor of the second degree on a first offense	30372
and a misdemeanor of the first degree on each subsequent offense.	30373

(G) Whoever violates section 959.05 or 959.20 of the Revised	30374
Code is guilty of a misdemeanor of the first degree.	30375

(H) Whoever violates section 959.16 of the Revised Code is	30376
guilty of a felony of the fourth degree for a first offense and a	30377
felony of the third degree on each subsequent offense.	30378

Sec. 991.03. (A) The Ohio expositions commission shall:

30379

(1) Conduct at least one fair or exposition annually;

30380

(2) Maintain and manage property held by the state for the	30381
purpose of conducting fairs, expositions, and exhibits;	30382

(3) As provided in section 109.122 of the Revised Code,	30383
provide notice of or copies of any proposed entertainment or	30384
sponsorship contracts to the attorney general.	30385

(B) The commission may:

30386

(1) Conduct such additional fairs, expositions, or	30387
exhibitions as the commission determines are in the general public	30388
interest;	30389

(2) Accept on behalf of the state conveyances of property for	30390
the purposes of conducting fairs, expositions, and exhibits,	30391
subject to any terms and conditions agreed to by the commission	30392
and approved by the controlling board;	30393

(3) Accept gifts, devises, and bequests of money, lands, and	30394
other property and apply the money, lands, or other property	30395
according to the terms of the gift, devise, or bequest. A	30396
political subdivision as authorized by law may make gifts and	30397
devises to the commission, and the commission shall apply such a	30398
gift or devise according to the terms of the gift or devise. All	30399
gifts and bequests of money accepted under this division shall be	30400
deposited into the state treasury to the credit of the Ohio	30401
expositions support fund.	30402

(4) Enter into contracts that the commission considers	30403
necessary or worthwhile in the conduct of its purposes, provided	30404
that contracts made for a term exceeding two years, other than	30405
those described in division (B)(4) of this section, shall be	30406
subject to the approval of the controlling board and provided that	30407
the attorney general, pursuant to the attorney general's authority	30408
under section 109.122 of the Revised Code, has not disapproved the	30409
proposed contract;	30410

~~(4)~~(5) Enter into contracts for the mutual exchange of goods	30411
or services;	30412

~~(5)~~(6) Sell or convey all or a portion of the property, land,	30413
or buildings under its management subject to the approval of the	30414
legislature;	30415

~~(6)~~(7) Grant leases on all or any part of the property, land,	30416
or buildings under the management of the commission to private or	30417
public organizations, which appear to be in the best interests of	30418
the state, with the approval of the controlling board and director	30419
of administrative services, subject to the following conditions:	30420

(a) The lessees shall make or construct improvements on such	30421
lands or buildings at no cost to the commission or to the state,	30422
subject to prior approval by the director of administrative	30423
services of detailed plans and specifications of such	30424
improvements.	30425

(b) No person, firm, or corporation shall cause a lien to be	30426
filed against any funds or property of the state or of the	30427
commission as a result of a lessee's activities pursuant to	30428
division (B)~~(6)~~(7)(a) of this section.	30429

(c) Leases shall be entered into subject to the sale of such	30430
property, lands, or buildings during the term of the lease.	30431

(d) No leases shall be made which interfere with a fair,	30432
exposition, or exhibition on such lands.	30433

~~(7)~~(8) Encumber appropriations for the entire amount of a	30434
contract at the time the contract is made, even though the	30435
contract will not be performed in the fiscal year for which the	30436
appropriations were made.	30437

~~(8)~~(9) Implement a credit card payment program permitting	30438
payment by means of a credit card of any fees, charges, and	30439
rentals associated with conducting fairs, expositions, and	30440
exhibits. The commission may open an account outside the state	30441
treasury in a financial institution for the purpose of depositing	30442
credit card receipts. By the end of the business day following the	30443
deposit of the receipts, the financial institution shall make	30444
available to the commission funds in the amount of the receipts.	30445
The commission shall then pay these funds into the state treasury	30446
to the credit of the Ohio expositions fund.	30447

The commission shall adopt rules as necessary to carry out	30448
the purposes of division (B)~~(8)~~(9) of this section. The rules	30449
shall include standards for determining eligible financial	30450
institutions and the manner in which funds shall be made available	30451
and shall be consistent with the standards contained in sections	30452
135.03, 135.18, and 135.181 of the Revised Code.	30453

The commission shall not adopt or enforce any rules which	30454
will prohibit livestock exhibited at the Ohio state fair from	30455
participating in county and independent fairs in the state.	30456

Sec. 991.04. There is hereby established in the state	30457
treasury the Ohio expositions fund. ~~All~~Except for gifts and	30458
bequests of money accepted under division (B)(3) of section 991.03	30459
of the Revised Code, all moneys collected by the Ohio expositions	30460
commission pursuant to sections 991.01 to 991.07 of the Revised	30461
Code and any income generated from the investment of those moneys	30462
shall be paid into the fund and may be used to defray the costs of	30463
administration and carrying out the purposes of sections 991.01 to	30464
991.07 of the Revised Code.	30465

With the approval of the director of budget and management,	30466
provisions may be made for a cash fund to be established on the	30467
state fairgrounds during the period of activities related to the	30468
holding of the annual state fair. The purpose of such fund is to	30469
provide for payment of premiums and entertainers and for immediate	30470
payment of small amounts for obligations, including ticket	30471
refunds, of such nature as to require immediate payment.	30472

The expositions commission shall cause to be kept an accurate	30473
record of all transactions, contracts, and proceedings. The	30474
director of budget and management shall prescribe a system of	30475
accounting and reporting. Such system shall include methods and	30476
forms showing the sources from which all revenues of the	30477
expositions commission are received, the amount collected from	30478
each source, and the amount expended for each purpose.	30479

Sec. 991.041. There is in the state treasury the Ohio	30480
expositions support fund. All gifts and bequests of money accepted	30481
under division (B)(3) of section 991.03 of the Revised Code shall	30482
be deposited into the state treasury to the credit of the fund.	30483
Investment earnings of the fund shall be deposited into the fund.	30484
The Ohio expositions commission may use the fund, consistent with	30485
the terms of the gift or bequest, to defray the cost of	30486
administration and of carrying out the purposes of sections 991.01	30487
to 991.07 of the Revised Code.	30488

Sec. 991.06. Annually on or before the thirtieth day of	30489
September the Ohio expositions commission, through its general	30490
manager, shall prepare and file with the auditor of state a	30491
statement showing the total amount received from each source of	30492
revenue, the total amount disbursed for each class of	30493
expenditures, and the aggregate of all receipts and expenditures	30494
of the commission. This statement shall also include a summary of	30495
each contract for the mutual exchange of goods or services entered	30496
into by the commission under ~~division (B)(4) of~~ section 991.03 of	30497
the Revised Code. Upon receipt of such statement, the auditor of	30498
state shall have it verified and make a report of ~~his~~the auditor	30499
of state's findings thereon to the governor.	30500

Assistant auditors of state shall conduct an audit of	30501
activities of the annual Ohio state fair on the Ohio exposition	30502
center during the period when the fair is in progress.	30503

The cost of such audit shall be included in the annual	30504
expenses of the Ohio expositions commission.	30505

Sec. 1309.521. (A) A filing office that accepts written	30506
records may not refuse to accept a written initial financing	30507
statement in the ~~following~~ form and format set forth in the	30508
official text of the 2010 amendments to article 9 of the uniform	30509
commercial code promulgated by the American law institute and the	30510
national conference of commissioners on uniform state laws, except	30511
for a reason prescribed in division (B) of section 1309.516 of the	30512
Revised Code:.	30513

~~UCC FINANCING STATEMENT~~	30514

~~Follow instructions (front and back) carefully.~~	30515

~~A. Name and phone of contact at filer (optional)~~			30516
~~.................................................................~~			30517
~~B. Send acknowledgment to: (name and address)~~			30518
~~..................................~~			30519
~~..................................~~			30520
~~..................................~~	~~The above space is for filing office use only.~~		30521
~~1. DEBTOR'S EXACT FULL LEGAL NAME~~			30522
~~(Insert only one debtor name [1a or 1b]. Do not abbreviate or~~			30523
~~combine names. If completing 1b, insert the debtor's name exactly as it appears on the debtor's current driver's license or identification card issued by this state, if one exists.)~~			30524
~~1a. Organization's name .........................................~~			30525
or			30526
~~1b. Individual's last name ............. First name .............~~			30527
~~Middle name ........................... Suffix ..................~~			30528
~~1c. Mailing address .............................................~~			30529
~~City .......... State ....... Postal code ...... Country ........~~			30530
		30531
~~Additional information regarding organization debtor~~			30532
~~1d. Type of organization ........................................~~			30533
~~1e. Jurisdiction of organization ................................~~			30534
~~2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME~~			30535
~~(Insert only one debtor name [2a or 2b]. Do not abbreviate or~~			30536
~~combine names. If completing 2b, insert the debtor's name exactly as it appears on the debtor's current driver's license or identification card issued by this state, if one exists.)~~			30537
~~2a. Organization's name .........................................~~			30538
or			30539
~~2b. Individual's last name ............. First name .............~~			30540
~~Middle name ........................... Suffix ..................~~			30541
~~2c. Mailing address .............................................~~			30542
~~City .......... State ....... Postal code ...... Country ........~~			30543
		30544
~~Additional information regarding organization debtor~~			30545
~~2d. Type of organization ........................................~~			30546
~~2e. Jurisdiction of organization ................................~~			30547
~~3. SECURED PARTY'S NAME (or name of total assignee of assignor~~			30548
~~S/P). Insert only one secured party name (3a or 3b).~~			30549
~~3a. Organization's name .........................................~~			30550
or			30551
~~3b. Individual's last name ............. First name .............~~			30552
~~Middle name ........................... Suffix ..................~~			30553
~~3c. Mailing address .............................................~~			30554
~~City .......... State ....... Postal code ...... Country ........~~			30555
~~4. This FINANCING STATEMENT covers the following collateral:~~			30556
~~.................................................................~~			30557
~~.................................................................~~			30558
~~.................................................................~~			30559
~~.................................................................~~			30560
~~5. ALTERNATIVE DESIGNATION (if applicable):~~			30561
~~[ ] Lessee/lessor [ ] Consignee/consignor [ ] Bailee/bailor~~			30562
~~[ ] Seller/buyer [ ] Ag. lien [ ] Non-UCC filing~~			30563
~~6. [ ] This FINANCING STATEMENT is to be filed [for record] (or~~			30564
~~recorded) in the REAL ESTATE RECORDS. Attach addendum ..........~~			30565
~~[if applicable].~~			30566
~~7. Check to REQUEST SEARCH REPORT(S) on debtor(s)~~			30567
~~[ADDITIONAL FEE] .......... [optional]~~			30568
~~[ ] All debtors [ ] Debtor 1 [ ] Debtor 2~~			30569
~~8. OPTIONAL FILER REFERENCE DATA~~			30570
~~.................................................................~~			30571
~~.................................................................~~			30572

~~UCC FINANCING STATEMENT ADDENDUM~~	30573

~~Follow instructions (front and back) carefully.~~	30574

~~9. NAME OF FIRST DEBTOR (1a OR 1b) ON RELATED FINANCING STATEMENT~~			30575
~~9a. Organization's name .........................................~~			30576
or			30577
~~9b. Individual's last name ............. First name .............~~			30578
~~Middle name ........................... Suffix ..................~~			30579
~~10. MISCELLANEOUS~~			30580
~~..................................~~			30581
~~..................................~~			30582
~~..................................~~		~~The above space is for filing office use only.~~	30583
~~11. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME~~			30584
~~(Insert only one name [11a or 11b]. Do not abbreviate or combine~~			30585
~~names. If completing 11b, insert the debtor's name exactly as it appears on the debtor's current driver's license or identification card issued by this state, if one exists.)~~			30586
~~11a. Organization's name ........................................~~			30587
or			30588
~~11b. Individual's last name ............. First name ............~~			30589
~~Middle name ........................... Suffix ..................~~			30590
~~11c. Mailing address ............................................~~			30591
~~City .......... State ....... Postal code ...... Country ........~~			30592
		30593
~~Additional information regarding organization debtor~~			30594
~~11d. Type of organization .......................................~~			30595
~~11e. Jurisdiction of organization ...............................~~			30596
~~12. [ ] ADDITIONAL SECURED PARTY'S or [ ] ASSIGNOR S/P'S NAME~~			30597
~~(Insert only one name [12a or 12b].)~~			30598
~~12a. Organization's name ........................................~~			30599
or			30600
~~12b. Individual's last name ............. First name ............~~			30601
~~Middle name ........................... Suffix ..................~~			30602
~~12c. Mailing address ............................................~~			30603
~~City .......... State ....... Postal code ...... Country ........~~			30604
~~13. This FINANCING STATEMENT covers [ ] timber to be cut or~~			30605
~~[ ] as-extracted collateral, or is filed as a [ ] fixture filing.~~			30606
~~14. DESCRIPTION OF REAL ESTATE:~~			30607
~~.................................................................~~			30608
~~.................................................................~~			30609
~~.................................................................~~			30610
~~.................................................................~~			30611
~~15. Name and address of a RECORD OWNER of above-described real~~			30612
~~estate (if debtor does not have a record interest):~~			30613
~~.................................................................~~			30614
~~.................................................................~~			30615
~~.................................................................~~			30616
~~16. Additional collateral description:~~			30617
~~.................................................................~~			30618
~~.................................................................~~			30619
~~.................................................................~~			30620
~~.................................................................~~			30621
~~17. Check only if applicable and check only one box.~~			30622
~~Debtor is a [ ] Trust or [ ] Trustee acting with respect to~~			30623
~~property held in trust or [ ] Decedent's estate~~			30624
~~18. Check only if applicable and check only one box.~~			30625
~~[ ]~~	~~Debtor is a transmitting utility~~		30626
~~[ ]~~	~~Filed in connection with a manufactured-home transaction -~~		30627
	~~effective 30 years~~		30628
~~[ ]~~	~~Filed in connection with a public-finance transaction -~~		30629
	~~effective 30 years~~		30630

(B) A filing office that accepts written records may not	30631
refuse to accept a written record in the ~~following~~ form and format	30632
set forth as form UCC3 and form UCC3Ad in the final official text	30633
of the 2010 amendments to article 9 of the uniform commercial code	30634
promulgated by the American law institute and the national	30635
conference of commissioners on uniform state laws, except for a	30636
reason prescribed in division (B) of section 1309.516 of the	30637
Revised Code:.	30638

~~UCC FINANCING STATEMENT AMENDMENT~~	30639

~~Follow instructions (front and back) carefully.~~	30640

~~A. Name and phone of contact at filer (optional)~~		30641
~~................................................................~~		30642
~~B. Send acknowledgment to: (name and address)~~		30643
~~..................................~~		30644
~~..................................~~		30645
~~..................................~~	~~The above space is for filing office use only.~~	30646
~~1a. INITIAL FINANCING STATEMENT FILE NUMBER ....................~~		30647
~~1b. [ ] This financing statement amendment is to be filed [for~~		30648
~~record] (or recorded) in the real estate records.~~		30649
~~2. [ ] TERMINATION: Effectiveness of the financing statement identified above is terminated with respect to security interest(s) of the secured party authorizing this termination statement.~~		30650
3. [ ] CONTINUATION: Effectiveness of the financing statement identified above with respect to security interest(s) of the secured party authorizing this continuation statement is continued for the additional period provided by applicable law.		30651
~~4. [ ] ASSIGNMENT (full or partial): Give name of assignee in item 7a or 7b and address of assignee in item 7c; and also give name of assignor in item 9.~~		30652
~~5. AMENDMENT (PARTY INFORMATION): This amendment affects [ ] Debtor~~		30653
~~or [ ] Secured Party of record. Check only one of these two boxes.~~		30654

~~Also check one of the following three boxes and provide appropriate information in items 6 and/or 7.~~		30655
~~[ ]~~	~~CHANGE name and/or address. Give current record name in item 6a or 6b; also give new name (if name change) in item 7a or 7b and/or new address (if address change) in item 7c.~~	30656
~~[ ]~~	~~DELETE name. Give record name to be deleted in item 6a or 6b.~~	30657
~~[ ]~~	~~ADD name. Complete item 7a or 7b, and also item 7c; also complete items 7d-7g (if applicable).~~	30658

~~6. CURRENT RECORD INFORMATION:~~		30659
~~6a. Organization's name .........................................~~		30660
or		30661
~~6b. Individual's last name .................. First name ........~~		30662
~~Middle name ................................. Suffix ............~~		30663
~~7. CHANGED (NEW) OR ADDED INFORMATION:~~		30664
(If completing 7b and the amendment affects a debtor, insert the debtor's name exactly as it appears on the debtor's current driver's license or identification card issued by this state, if one exists.)		30665
~~7a. Organization's name .........................................~~		30666
or		30667
~~7b. Individual's last name .................. First name ........~~		30668
~~Middle name ................................. Suffix ............~~		30669
~~7c. Mailing address .............................................~~		30670
~~City ........ State ....... Postal code ....... Country .........~~		30671
		30672
~~Additional information regarding organization debtor~~		30673
~~7d. Type of organization ........................................~~		30674
~~7e. Jurisdiction of organization ................................~~		30675
~~8. AMENDMENT (COLLATERAL CHANGE). Check only one box.~~		30676
~~Describe collateral [ ] deleted or [ ] added, or give entire~~		30677
~~[ ] restated collateral description, or describe collateral~~		30678
~~[ ] assigned.~~		30679
~~.................................................................~~		30680
~~.................................................................~~		30681
~~.................................................................~~		30682
~~.................................................................~~		30683
~~9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT~~		30684
~~(name of assignor, if this is an assignment). If this is an~~		30685
~~amendment authorized by a debtor that adds collateral or adds~~		30686
~~the authorizing debtor, or if this is a termination authorized~~		30687
~~by a debtor, check here [ ] and enter name of debtor~~		30688
~~authorizing this amendment.~~		30689
~~9a. Organization's name .........................................~~		30690
or		30691
~~9b. Individual's last name ................ First name ..........~~		30692
~~Middle name ............................... Suffix ..............~~		30693
~~10. OPTIONAL FILER REFERENCE DATA~~		30694
~~.................................................................~~		30695

~~UCC FINANCING STATEMENT AMENDMENT ADDENDUM~~	30696

~~Follow instructions (front and back) carefully.~~	30697

~~11. INITIAL FINANCING STATEMENT FILE NUMBER (same as item 1a~~		30698
~~on amendment form) .............................................~~		30699
~~12. NAME OF PARTY AUTHORIZING~~		30700
~~THIS AMENDMENT (same as item 9~~		30701
~~on amendment form)~~		30702
~~12a. Organization's name~~		30703
~~.................................~~		30704
or		30705
~~12b. Individual's last name~~		30706
~~.................................~~		30707
~~First name ......................~~		30708
~~Middle name .......... Suffix ...~~	~~The above space is for filing office use only.~~	30709
~~13. Use this space for additional information.~~		30710
~~...................................................................~~		30711
~~...................................................................~~		30712
~~...................................................................~~		30713

~~...................................................................~~

30714

Sec. 1332.26. (A) No political subdivision shall require a	30715
video service provider to obtain from it any authority to provide	30716
video service within its boundaries.	30717

(B) Except as authorized under division (C) of this section	30718
and under sections 1332.30 and 1332.32 of the Revised Code, no	30719
political subdivision shall request anything of value from a video	30720
service provider for providing video service; impose any fee,	30721
license, or gross receipt tax on the provision of video service by	30722
such a provider; or impose any franchise or other requirement on	30723
the provision of video service by a video service provider,	30724
including, but not limited to, any provision regulating rates	30725
charged by a video service provider or establishing any build-out	30726
requirement or requirement to deploy any facility or equipment.	30727

(C) When requested to do so, a video service provider shall	30728
assist a municipal corporation or township in addressing video	30729
service subscriber complaints, in a manner consistent with the	30730
provider's complaint handling process set forth in its application	30731
pursuant to division (A)(7) of section 1332.24 of the Revised	30732
Code. Nothing in sections 1332.21 to 1332.34 of the Revised Code	30733
affects any authority granted under sections 1345.01 to 1345.13 of	30734
the Revised Code.	30735

(D) A video service provider shall meet all of the following	30736
customer service standards:	30737

(1) The provider shall restore video service within	30738
seventy-two hours after a subscriber reports a service	30739
interruption or other problem if the cause was not a natural	30740
disaster.	30741

(2) Upon a report by a subscriber of a service interruption	30742
and if the interruption is caused by the video service provider	30743
and lasts for more than fours hours in a given day, the provider	30744
shall give the subscriber a credit in the amount of the cost of	30745
each such day's video service as would be billed to the	30746
subscriber.	30747

(3) Upon a report by a subscriber of a service interruption	30748
and if the interruption is not caused by the video service	30749
provider and lasts for more than twenty-four consecutive hours,	30750
the provider shall give the subscriber, for each hour of service	30751
interruption, a credit in the amount of the cost of per hour video	30752
service as would be billed to the subscriber.	30753

(4) The provider shall give a subscriber at least thirty	30754
days' advance, written notice before removing a channel from the	30755
provider's video service, but no such notice is required if the	30756
provider must remove the channel because of circumstances beyond	30757
its control.	30758

(5) The provider shall give a subscriber at least ten days'	30759
advance, written notice of a disconnection of all or part of the	30760
subscriber's video service, except if ~~the disconnection~~any of the	30761
following apply:	30762

(a) Disconnection has been requested by the subscriber,.

30763

(b) Disconnection is necessary to prevent theft of video	30764
service~~, or~~.	30765

(c) Disconnection is necessary to prevent the use of video	30766
service through fraud.	30767

(d) Disconnection is necessary to reduce or prevent signal	30768
leakage as described in 47 C.F.R. 76.611.	30769

(6) The provider shall not establish a due date earlier than	30770
fourteen days after a video service bill is issued.	30771

(7) The provider shall not disconnect all or part of a	30772
subscriber's video service for failure of the subscriber to pay	30773
any amount of its video service bill, until the ~~bill~~amount is at	30774
least ~~forty-five~~fourteen days past due.	30775

~~(7)~~(8) The provider shall give a subscriber at least thirty	30776
days' advance, written notice before instituting an increase in	30777
video service rates.	30778

Sec. 1337.11. As used in sections 1337.11 to 1337.17 of the	30779
Revised Code:	30780

(A) "Adult" means a person who is eighteen years of age or	30781
older.	30782

(B) "Attending physician" means the physician to whom a	30783
principal or the family of a principal has assigned primary	30784
responsibility for the treatment or care of the principal or, if	30785
the responsibility has not been assigned, the physician who has	30786
accepted that responsibility.	30787

30788

(1) Nutrition when administered to diminish the pain or	30789
discomfort of a principal, but not to postpone death;	30790

(2) Hydration when administered to diminish the pain or	30791
discomfort of a principal, but not to postpone death;	30792

(3) Any other medical or nursing procedure, treatment,	30793
intervention, or other measure that is taken to diminish the pain	30794
or discomfort of a principal, but not to postpone death.	30795

(D) "Consulting physician" means a physician who, in	30796
conjunction with the attending physician of a principal, makes one	30797
or more determinations that are required to be made by the	30798
attending physician, or to be made by the attending physician and	30799
one other physician, by an applicable provision of sections	30800
1337.11 to 1337.17 of the Revised Code, to a reasonable degree of	30801
medical certainty and in accordance with reasonable medical	30802
standards.	30803

(E) "Declaration for mental health treatment" has the same	30804
meaning as in section 2135.01 of the Revised Code.	30805

(F) "Guardian" means a person appointed by a probate court	30806
pursuant to Chapter 2111. of the Revised Code to have the care and	30807
management of the person of an incompetent.	30808

(G) "Health care" means any care, treatment, service, or	30809
procedure to maintain, diagnose, or treat an individual's physical	30810
or mental condition or physical or mental health.	30811

(H) "Health care decision" means informed consent, refusal to	30812
give informed consent, or withdrawal of informed consent to health	30813
care.	30814

(I) "Health care facility" means any of the following:

30815

(1) A hospital;

30816

(2) A hospice care program, pediatric respite care program,	30817
or other institution that specializes in comfort care of patients	30818
in a terminal condition or in a permanently unconscious state;	30819

(3) A nursing home;

30820

(4) A home health agency;

30821

(5) An intermediate care facility for ~~the mentally retarded~~	30822
individuals with intellectual disabilities;	30823

(6) A regulated community mental health organization.

30824

(J) "Health care personnel" means physicians, nurses,	30825
physician assistants, emergency medical technicians-basic,	30826
emergency medical technicians-intermediate, emergency medical	30827
technicians-paramedic, medical technicians, dietitians, other	30828
authorized persons acting under the direction of an attending	30829
physician, and administrators of health care facilities.	30830

(K) "Home health agency" has the same meaning as in section	30831
3701.881 of the Revised Code.	30832

(L) "Hospice care program" and "pediatric respite care	30833
program" have the same meanings as in section 3712.01 of the	30834
Revised Code.	30835

(M) "Hospital" has the same meanings as in sections 3701.01,	30836
3727.01, and 5122.01 of the Revised Code.	30837

(N) "Hydration" means fluids that are artificially or	30838
technologically administered.	30839

(O) "Incompetent" has the same meaning as in section 2111.01	30840
of the Revised Code.	30841

(P) "Intermediate care facility for ~~the mentally retarded~~	30842
individuals with intellectual disabilities" has the same meaning	30843
as in section ~~5111.20~~5124.01 of the Revised Code.	30844

(Q) "Life-sustaining treatment" means any medical procedure,	30845
treatment, intervention, or other measure that, when administered	30846
to a principal, will serve principally to prolong the process of	30847
dying.	30848

(R) "Medical claim" has the same meaning as in section	30849
2305.113 of the Revised Code.	30850

(S) "Mental health treatment" has the same meaning as in	30851
section 2135.01 of the Revised Code.	30852

(T) "Nursing home" has the same meaning as in section 3721.01	30853
of the Revised Code.	30854

(U) "Nutrition" means sustenance that is artificially or	30855
technologically administered.	30856

(V) "Permanently unconscious state" means a state of	30857
permanent unconsciousness in a principal that, to a reasonable	30858
degree of medical certainty as determined in accordance with	30859
reasonable medical standards by the principal's attending	30860
physician and one other physician who has examined the principal,	30861
is characterized by both of the following:	30862

(1) Irreversible unawareness of one's being and environment.

30863

(2) Total loss of cerebral cortical functioning, resulting in	30864
the principal having no capacity to experience pain or suffering.	30865

(W) "Person" has the same meaning as in section 1.59 of the	30866
Revised Code and additionally includes political subdivisions and	30867
governmental agencies, boards, commissions, departments,	30868
institutions, offices, and other instrumentalities.	30869

(X) "Physician" means a person who is authorized under	30870
Chapter 4731. of the Revised Code to practice medicine and surgery	30871
or osteopathic medicine and surgery.	30872

(Y) "Political subdivision" and "state" have the same	30873
meanings as in section 2744.01 of the Revised Code.	30874

(Z) "Professional disciplinary action" means action taken by	30875
the board or other entity that regulates the professional conduct	30876
of health care personnel, including the state medical board and	30877
the board of nursing.	30878

(AA) "Regulated community mental health organization" means a	30879
residential facility as defined and licensed under section ~~5119.22~~	30880
5119.34 of the Revised Code or a community mental health ~~agency~~	30881
services provider as defined in section 5122.01 of the Revised	30882
Code.	30883

(BB) "Terminal condition" means an irreversible, incurable,	30884
and untreatable condition caused by disease, illness, or injury	30885
from which, to a reasonable degree of medical certainty as	30886
determined in accordance with reasonable medical standards by a	30887
principal's attending physician and one other physician who has	30888
examined the principal, both of the following apply:	30889

(1) There can be no recovery.

30890

(2) Death is likely to occur within a relatively short time	30891
if life-sustaining treatment is not administered.	30892

(CC) "Tort action" means a civil action for damages for	30893
injury, death, or loss to person or property, other than a civil	30894
action for damages for a breach of contract or another agreement	30895
between persons.	30896

Sec. 1347.08. (A) Every state or local agency that maintains	30897
a personal information system, upon the request and the proper	30898
identification of any person who is the subject of personal	30899
information in the system, shall:	30900

(1) Inform the person of the existence of any personal	30901
information in the system of which the person is the subject;	30902

(2) Except as provided in divisions (C) and (E)(2) of this	30903
section, permit the person, the person's legal guardian, or an	30904
attorney who presents a signed written authorization made by the	30905
person, to inspect all personal information in the system of which	30906
the person is the subject;	30907

(3) Inform the person about the types of uses made of the	30908
personal information, including the identity of any users usually	30909
granted access to the system.	30910

(B) Any person who wishes to exercise a right provided by	30911
this section may be accompanied by another individual of the	30912
person's choice.	30913

(C)(1) A state or local agency, upon request, shall disclose	30914
medical, psychiatric, or psychological information to a person who	30915
is the subject of the information or to the person's legal	30916
guardian, unless a physician, psychiatrist, or psychologist	30917
determines for the agency that the disclosure of the information	30918
is likely to have an adverse effect on the person, in which case	30919
the information shall be released to a physician, psychiatrist, or	30920
psychologist who is designated by the person or by the person's	30921
legal guardian.	30922

(2) Upon the signed written request of either a licensed	30923
attorney at law or a licensed physician designated by the inmate,	30924
together with the signed written request of an inmate of a	30925
correctional institution under the administration of the	30926
department of rehabilitation and correction, the department shall	30927
disclose medical information to the designated attorney or	30928
physician as provided in division (C) of section 5120.21 of the	30929
Revised Code.	30930

(D) If an individual who is authorized to inspect personal	30931
information that is maintained in a personal information system	30932
requests the state or local agency that maintains the system to	30933
provide a copy of any personal information that the individual is	30934
authorized to inspect, the agency shall provide a copy of the	30935
personal information to the individual. Each state and local	30936
agency may establish reasonable fees for the service of copying,	30937
upon request, personal information that is maintained by the	30938
agency.	30939

(E)(1) This section regulates access to personal information	30940
that is maintained in a personal information system by persons who	30941
are the subject of the information, but does not limit the	30942
authority of any person, including a person who is the subject of	30943
personal information maintained in a personal information system,	30944
to inspect or have copied, pursuant to section 149.43 of the	30945
Revised Code, a public record as defined in that section.	30946

(2) This section does not provide a person who is the subject	30947
of personal information maintained in a personal information	30948
system, the person's legal guardian, or an attorney authorized by	30949
the person, with a right to inspect or have copied, or require an	30950
agency that maintains a personal information system to permit the	30951
inspection of or to copy, a confidential law enforcement	30952
investigatory record or trial preparation record, as defined in	30953
divisions (A)(2) and (4) of section 149.43 of the Revised Code.	30954

(F) This section does not apply to any of the following:

30955

(1) The contents of an adoption file maintained by the	30956
department of health under section 3705.12 of the Revised Code;	30957

(2) Information contained in the putative father registry	30958
established by section 3107.062 of the Revised Code, regardless of	30959
whether the information is held by the department of job and	30960
family services or, pursuant to section 3111.69 of the Revised	30961
Code, the office of child support in the department or a child	30962
support enforcement agency;	30963

(3) Papers, records, and books that pertain to an adoption	30964
and that are subject to inspection in accordance with section	30965
3107.17 of the Revised Code;	30966

(4) Records listed in division (A) of section 3107.42 of the	30967
Revised Code or specified in division (A) of section 3107.52 of	30968
the Revised Code;	30969

(5) Records that identify an individual described in division	30970
(A)(1) of section 3721.031 of the Revised Code, or that would tend	30971
to identify such an individual;	30972

(6) Files and records that have been expunged under division	30973
(D)(1) or (2) of section 3721.23 of the Revised Code;	30974

(7) Records that identify an individual described in division	30975
(A)(1) of section 3721.25 of the Revised Code, or that would tend	30976
to identify such an individual;	30977

(8) Records that identify an individual described in division	30978
(A)(1) of section ~~5111.61~~5165.88 of the Revised Code, or that	30979
would tend to identify such an individual;	30980

(9) Test materials, examinations, or evaluation tools used in	30981
an examination for licensure as a nursing home administrator that	30982
the board of ~~examiners~~executives of ~~nursing home administrators~~	30983
long-term services and supports administers under section 4751.04	30984
of the Revised Code or contracts under that section with a private	30985
or government entity to administer;	30986

(10) Information contained in a database established and	30987
maintained pursuant to section 5101.13 of the Revised Code.	30988

Sec. 1501.011. (A) ~~The~~Except as provided in divisions (B),	30989
(C), and (D) of this section, the Ohio facilities construction	30990
commission shall supervise the design and construction of, and	30991
make contracts for the construction, reconstruction, improvement,	30992
enlargement, alteration, repair, or decoration of, any projects or	30993
improvements for the department of natural resources ~~has the~~	30994
~~following powers in addition to its other powers: to prepare, or~~	30995
~~contract to be prepared, surveys, general and detailed plans,~~	30996
~~specifications, bills of materials, and estimates of cost for, to~~	30997
~~enter into contracts for, and to supervise the performance of~~	30998
~~labor, the furnishing of materials, or the construction, repair,~~	30999
~~or maintenance of any projects, improvements, or buildings, on~~	31000
~~lands and waters under the control of the department, as~~that may	31001
be authorized by legislative appropriations or any other funds	31002
available therefor, the estimated cost of which amounts to two	31003
hundred thousand dollars or more or the amount determined pursuant	31004
to section 153.53 of the Revised Code or more.	31005

(B) ~~Except as provided in division (E) of this section, the~~	31006
~~director of natural resources shall publish notice in a newspaper~~	31007
~~of general circulation in the region where the activity for which~~	31008
~~bids are submitted is to occur and in any other newspapers that~~	31009
~~the director determines are appropriate, at least once each week~~	31010
~~for four consecutive weeks, the last publication to be at least~~	31011
~~eight days preceding the day for opening bids, seeking proposals~~	31012
~~on each contract for the performance of labor, the furnishing of~~	31013
~~materials, or the construction, repair, or maintenance of~~	31014
~~projects, improvements, or buildings, as necessary for compliance~~	31015
~~with provisions of the act to make appropriations for capital~~	31016
~~improvements or the act to make general appropriations, and the~~	31017
~~director may also advertise in such trade journals as will afford~~	31018
~~adequate information to the public of the terms of the contract~~	31019
~~and the nature of the work to be performed, together with the time~~	31020
~~of the letting and place and manner of receiving proposals, and~~	31021
~~the places where plans and specifications are on file. A proposal~~	31022
~~is invalid and shall not be considered by the department unless~~	31023
~~the form for proposals specified by the department is used without~~	31024
~~change, alteration, or addition~~The department of natural	31025
resources shall administer the construction of improvements under	31026
an agreement with the supervisors of a soil and water conservation	31027
district pursuant to division (I) of section 1515.08 of the	31028
Revised Code.	31029

(C) ~~Each bidder for a contract for the performance of labor,~~	31030
~~the furnishing of materials, or the maintenance, construction,~~	31031
~~demolition, alteration, repair, or reconstruction of an~~	31032
~~improvement shall meet the requirements of section 153.54 of the~~	31033
~~Revised Code. The director may require each bidder to furnish~~	31034
~~under oath, upon such printed forms as the director may prescribe,~~	31035
~~detailed information with respect to the bidder's financial~~	31036
~~resources, equipment, past performance record, organization~~	31037
~~personnel, and experience, together with such other information as~~	31038
~~the director considers necessary.~~	31039

~~(D) The director shall award the contract to the lowest~~	31040
~~responsive and responsible bidder in accordance with section 9.312~~	31041
~~of the Revised Code. The award shall be made within a reasonable~~	31042
~~time after the date on which the bids were opened, and the~~	31043
~~successful bidder shall enter into a contract within ten days from~~	31044
~~the date the successful bidder is notified that the contract has~~	31045
~~been awarded, or within any longer period that the director~~	31046
~~considers necessary. Nothing in this section shall preclude the~~	31047
~~rejection of any bid the acceptance of which is not in the best~~	31048
~~interests of the state. No contract shall be entered into until~~	31049
~~the bureau of workers' compensation has certified that the~~	31050
~~corporation, partnership, or person awarded the contract has~~	31051
~~complied with Chapter 4123. of the Revised Code and until, if the~~	31052
~~bidder awarded the contract is a foreign corporation, the~~	31053
~~secretary of state has certified that the corporation is~~	31054
~~authorized to do business in this state, and until, if the bidder~~	31055
~~so awarded the contract is a person or partnership nonresident of~~	31056
~~this state, the person or partnership has filed with the secretary~~	31057
~~of state a power of attorney designating the secretary of state as~~	31058
~~its agency for the purpose of accepting service of process.~~	31059

~~(E) With respect to the director's entering into a contract~~	31060
~~for the performance of labor, the furnishing of materials, or the~~	31061
~~construction, repair, or maintenance of any projects,~~	31062
~~improvements, or buildings on lands and waters under the control~~	31063
~~of the department, both of the following apply:~~	31064

~~(1) The director is not required to advertise for and receive~~	31065
~~bids if the total estimated cost of the contract is less than~~	31066
~~twenty-five thousand dollars.~~	31067

~~(2) The director is not required to advertise for bids,~~	31068
~~regardless of the cost of the contract, if the~~(1) The department	31069
of natural resources shall supervise the design and construction	31070
of, and make contracts for the construction, reconstruction,	31071
improvement, enlargement, alteration, repair, or decoration of,	31072
any of the following activities, projects, or improvements:	31073

(a) Dam repairs administered by the division of engineering	31074
under Chapter 1507. of the Revised Code;	31075

(b) Projects or improvements administered by the division of	31076
watercraft and funded through the waterways safety fund	31077
established in section 1547.75 of the Revised Code;	31078

(c) Projects or improvements administered by the division of	31079
wildlife under Chapter 1531. or 1533. of the Revised Code;	31080

(d) Activities conducted by the department pursuant to	31081
section 5511.05 of the Revised Code in order to maintain the	31082
department's roadway inventory.	31083

(2) If a contract to be let under division (C)(1) of this	31084
section involves an exigency that concerns the public health,	31085
safety, or welfare or addresses an emergency situation in which	31086
timeliness is crucial in preventing the cost of the contract from	31087
increasing significantly~~. Regarding such a contract, the director~~	31088
~~may solicit bids by sending a letter to a minimum of three~~	31089
~~contractors in the region where the contract is to be let or by~~	31090
~~any other means that the director considers appropriate.~~	31091

~~(F) The director may insert in any contract awarded under~~	31092
~~this section a clause providing for value engineering change~~	31093
~~proposals, under which a contractor who has been awarded a~~	31094
~~contract may propose a change in the plans and specifications of~~	31095
~~the project that saves the department time or money on the project~~	31096
~~without impairing any of the essential functions and~~	31097
~~characteristics of the project such as service life, reliability,~~	31098
~~economy of operation, ease of maintenance, safety, and necessary~~	31099
~~standardized features. If the director adopts the value~~	31100
~~engineering proposal, the savings from the proposal shall be~~	31101
~~divided between the department and the contractor according to~~	31102
~~guidelines established by the director, provided that the~~	31103
~~contractor shall receive at least fifty per cent of the savings~~	31104
~~from the proposal. The adoption of a value engineering proposal~~	31105
~~does not invalidate the award of the contract or require the~~	31106
~~director to rebid the project.~~	31107

~~(G) When in the opinion of the department the work under any~~	31108
~~contract made under this section or any law of the state is~~	31109
~~neglected by the contractor, the work completed is deficient in~~	31110
~~quality or materials, or the work is not prosecuted with the~~	31111
~~diligence and force specified or intended in the contract, the~~	31112
~~department may require the contractor to provide, at no additional~~	31113
~~expense to the department, any additional labor and materials that~~	31114
~~are necessary to complete the improvements at the level of quality~~	31115
~~and within the time of performance specified in the contract.~~	31116
~~Procedures concerning such a requirement together with its format~~	31117
~~shall be specified in the contract. If the contractor fails to~~	31118
~~comply with the requirement within the period specified in the~~	31119
~~contract, the department may take action to complete the work~~	31120
~~through other means, up to and including termination of the~~	31121
~~contract.~~	31122

~~(H) When an exigency occurs or there is immediate danger of~~	31123
~~an exigency that would materially impair the successful bidding,~~	31124
~~construction, or completion of a project, improvement, or~~	31125
~~building, the director may revise related plans and specifications~~	31126
~~as necessary to address the exigency through the issuance of an~~	31127
~~addendum prior to the opening of bids or, in accordance with~~	31128
~~procedures established in section 153.62 of the Revised Code,~~	31129
~~through the issuance of a change order after the contract has been~~	31130
~~awarded~~, pursuant to the declaration of a public exigency, the	31131
department may award the contract without competitive bidding or	31132
selection as otherwise required by Chapter 153. of the Revised	31133
Code.	31134

(D) The executive director of the Ohio facilities	31135
construction commission may authorize the department of natural	31136
resources to administer any other project or improvement, the	31137
estimated cost of which, including design fees, construction,	31138
equipment, and contingency amounts, is not more than one million	31139
five hundred thousand dollars.	31140

Sec. 1501.45. (A) As used in this section:

31141

(1) "Forfeiture laws" means provisions that are established	31142
in Title XXIX of the Revised Code and that govern the forfeiture	31143
and disposition of certain property that is seized pursuant to a	31144
law enforcement investigation.	31145

(2) "Law enforcement division" means the division of	31146
forestry, the division of natural areas and preserves, the	31147
division of wildlife, the division of parks and recreation, or the	31148
division of watercraft in the department of natural resources.	31149

(3) "Law enforcement fund" means a fund created in this	31150
section.	31151

(B) Except as otherwise provided in this section and	31152
notwithstanding any provision of the Revised Code that is not in	31153
Title XV of the Revised Code to the contrary, the forfeiture laws	31154
apply to a law enforcement division that substantially conducts an	31155
investigation that results in the ordered forfeiture of property	31156
and also apply to the involved forfeiture of property, and the law	31157
enforcement division shall comply with those forfeiture laws.	31158
Accordingly, the portion of the forfeiture laws that authorizes	31159
certain proceeds from forfeited property to be distributed to the	31160
law enforcement agency that substantially conducted the	31161
investigation that resulted in the seizure of the subsequently	31162
forfeited property apply to the law enforcement divisions except	31163
as provided in division (C)(2)(a) of this section. If a law	31164
enforcement division is eligible to receive such proceeds, the	31165
proceeds shall be deposited into the state treasury to the credit	31166
of the applicable law enforcement fund.	31167

(C)(1) There are hereby created in the state treasury ~~the~~	31168
~~division of forestry law enforcement fund, the division of natural~~	31169
~~areas and preserves law enforcement fund,~~ the division of wildlife	31170
law enforcement fund, the division of parks and recreation law	31171
enforcement fund, and the division of watercraft law enforcement	31172
fund. ~~The~~	31173

(2) The funds shall consist of proceeds from forfeited	31174
property that are deposited ~~in accordance with this section. The~~	31175
as follows:	31176

(a) Proceeds from forfeited property resulting from an	31177
investigation conducted by the division of forestry, the division	31178
of natural areas and preserves, or the division of parks and	31179
recreation shall be deposited in the division of parks and	31180
recreation law enforcement fund.	31181

(b) Proceeds from forfeited property resulting from an	31182
investigation conducted by the division of wildlife shall be	31183
deposited in the division of wildlife law enforcement fund.	31184

(c) Proceeds from forfeited property resulting from an	31185
investigation conducted by the division of watercraft shall be	31186
deposited in the division of watercraft law enforcement fund.	31187

(3) The funds shall be used ~~by the applicable law enforcement~~	31188
~~division~~ for law enforcement purposes specified in the forfeiture	31189
laws~~; however, a~~as follows:	31190

(a) Money in the division of parks and recreation law	31191
enforcement fund shall be used by the division of parks and	31192
recreation.	31193

(b) Money in the division of wildlife law enforcement fund	31194
shall be used by the division of wildlife.	31195

(c) Money in the division of watercraft law enforcement fund	31196
shall be used by the division of watercraft.	31197

(4) A law enforcement division shall not use ~~such funds~~its	31198
fund to pay the salaries of its employees or to provide for any	31199
other remuneration of personnel.	31200

(D) If the forfeiture laws conflict with any provisions that	31201
govern forfeitures and that are established in another section of	31202
Title XV of the Revised Code, the provisions established in the	31203
other section of Title XV apply.	31204

Sec. 1506.21. (A) There is hereby created the Ohio Lake Erie	31205
commission, consisting of the directors of environmental	31206
protection, natural resources, health, agriculture, ~~and~~	31207
transportation, and development services, or their designees, and	31208
five additional members appointed by the governor who shall serve	31209
at the pleasure of the governor. The members of the commission	31210
annually shall designate a chairperson, who shall preside at the	31211
meetings of the commission, and a secretary.	31212

The commission shall hold at least one meeting every three	31213
months. The secretary of the commission shall keep a record of its	31214
proceedings. Special meetings shall be held at the call of the	31215
chairperson or upon the request of four members of the commission.	31216
All meetings and records of the commission shall be open to the	31217
public. Six members of the commission constitute a quorum. The	31218
agencies represented on the commission shall furnish clerical,	31219
technical, and other services required by the commission in the	31220
performance of its duties.	31221

(B) The commission shall do all of the following:

31222

(1) Ensure the coordination of state and local policies and	31223
programs pertaining to Lake Erie water quality, toxic pollution	31224
control, and resource protection;	31225

(2) Review, and make recommendations concerning, the	31226
development and implementation of policies, programs, and issues	31227
for long-term, comprehensive protection of Lake Erie water	31228
resources and water quality that are consistent with the great	31229
lakes water quality agreement and the great lakes toxic substances	31230
control agreement;	31231

(3) Recommend policies and programs to modify the coastal	31232
management program of this state;	31233

(4) At each regular meeting, consider matters relating to the	31234
implementation of sections 1506.22 and 1506.23 of the Revised	31235
Code;	31236

(5) Publish and submit the Lake Erie protection agenda in	31237
accordance with division (C) of section 1506.23 of the Revised	31238
Code;	31239

(6) Ensure the implementation of a basinwide approach to Lake	31240
Erie issues;	31241

(7) Increase representation of the interests of this state in	31242
state, regional, national, and international forums pertaining to	31243
the resources and water quality of Lake Erie and the Lake Erie	31244
basin;	31245

(8) Promote education concerning the wise management of the	31246
resources of Lake Erie;	31247

(9) Establish public advisory councils as considered	31248
necessary to assist in programs established under this section and	31249
sections 1506.22 and 1506.23 of the Revised Code. Members of the	31250
public advisory councils shall represent a broad cross section of	31251
interests, shall have experience or expertise in the subject for	31252
which the advisory council was established, and shall serve	31253
without compensation.	31254

(10) Prepare and submit the report required under division	31255
(D) of section 1506.23 of the Revised Code.	31256

(C) Each state agency, upon the request of the commission,	31257
shall cooperate in the implementation of this section and sections	31258
1506.22 and 1506.23 of the Revised Code.	31259

Sec. 1506.30. As used in sections 1506.30 to 1506.36 of the	31260
Revised Code:	31261

(A) "Abandoned property" means a submerged aircraft; a	31262
submerged watercraft, including a ship, boat, canoe, skiff, raft,	31263
or barge; the rigging, gear, fittings, trappings, and equipment of	31264
a submerged aircraft or watercraft; the personal property of the	31265
officers, crew, and passengers of a submerged aircraft or	31266
watercraft; the cargo of a submerged aircraft or watercraft that	31267
has been deserted, relinquished, cast away, or left behind and for	31268
which attempts at reclamation have been abandoned by the owners	31269
and insurers; and submerged materials resulting from activities of	31270
prehistoric and historic native Americans.	31271

(B) "Lake Erie" means that portion of the waters and lands of	31272
Lake Erie belonging to the state as provided in section 1506.10 of	31273
the Revised Code.	31274

(C) "Historical value" means the quality of significance	31275
exemplified by an object, structure, site, or district that is	31276
included in or eligible for inclusion in ~~the state registry of~~	31277
~~archaeological landmarks authorized under section 149.51 of the~~	31278
~~Revised Code, the state registry of historic landmarks authorized~~	31279
~~under section 149.55 of the Revised Code, or~~ the national register	31280
of historic places.	31281

(D) "Marine surveyor" means a person engaged in the business	31282
of mapping or surveying submerged lands and abandoned property.	31283

(E) "Mechanical or other assistance" means all artificial	31284
devices used to raise or remove artifacts from abandoned property,	31285
including pry bars, wrenches and other hand or power tools,	31286
cutting torches, explosives, winches, flotation bags, lines to	31287
surface, extra divers buoyancy devices, and other buoyancy	31288
devices.	31289

(F) "Recreational value" means value relating to an activity	31290
in which the public engages or may engage for recreation or sport,	31291
including scuba diving and fishing, as determined by the director	31292
of natural resources.	31293

Sec. 1509.01. As used in this chapter:

31294

(A) "Well" means any borehole, whether drilled or bored,	31295
within the state for production, extraction, or injection of any	31296
gas or liquid mineral, excluding potable water to be used as such,	31297
but including natural or artificial brines and oil field waters.	31298

(B) "Oil" means crude petroleum oil and all other	31299
hydrocarbons, regardless of gravity, that are produced in liquid	31300
form by ordinary production methods, but does not include	31301
hydrocarbons that were originally in a gaseous phase in the	31302
reservoir.	31303

(C) "Gas" means all natural gas and all other fluid	31304
hydrocarbons that are not oil, including condensate.	31305

(D) "Condensate" means liquid hydrocarbons separated at or	31306
near the well pad or along the gas production or gathering system	31307
prior to gas processing.	31308

(E) "Pool" means an underground reservoir containing a common	31309
accumulation of oil or gas, or both, but does not include a gas	31310
storage reservoir. Each zone of a geological structure that is	31311
completely separated from any other zone in the same structure may	31312
contain a separate pool.	31313

(F) "Field" means the general area underlaid by one or more	31314
pools.	31315

(G) "Drilling unit" means the minimum acreage on which one	31316
well may be drilled, but does not apply to a well for injecting	31317
gas into or removing gas from a gas storage reservoir.	31318

(H) "Waste" includes all of the following:

31319

(1) Physical waste, as that term generally is understood in	31320
the oil and gas industry;	31321

(2) Inefficient, excessive, or improper use, or the	31322
unnecessary dissipation, of reservoir energy;	31323

(3) Inefficient storing of oil or gas;

31324

(4) Locating, drilling, equipping, operating, or producing an	31325
oil or gas well in a manner that reduces or tends to reduce the	31326
quantity of oil or gas ultimately recoverable under prudent and	31327
proper operations from the pool into which it is drilled or that	31328
causes or tends to cause unnecessary or excessive surface loss or	31329
destruction of oil or gas;	31330

(5) Other underground or surface waste in the production or	31331
storage of oil, gas, or condensate, however caused.	31332

(I) "Correlative rights" means the reasonable opportunity to	31333
every person entitled thereto to recover and receive the oil and	31334
gas in and under the person's tract or tracts, or the equivalent	31335
thereof, without having to drill unnecessary wells or incur other	31336
unnecessary expense.	31337

(J) "Tract" means a single, individually taxed parcel of land	31338
appearing on the tax list.	31339

(K) "Owner," unless referring to a mine, means the person who	31340
has the right to drill on a tract or drilling unit, to drill into	31341
and produce from a pool, and to appropriate the oil or gas	31342
produced therefrom either for the person or for others, except	31343
that a person ceases to be an owner with respect to a well when	31344
the well has been plugged in accordance with applicable rules	31345
adopted and orders issued under this chapter. "Owner" does not	31346
include a person who obtains a lease of the mineral rights for oil	31347
and gas on a parcel of land if the person does not attempt to	31348
produce or produce oil or gas from a well or obtain a permit under	31349
this chapter for a well or if the entire interest of a well is	31350
transferred to the person in accordance with division (B) of	31351
section 1509.31 of the Revised Code.	31352

(L) "Royalty interest" means the fee holder's share in the	31353
production from a well.	31354

(M) "Discovery well" means the first well capable of	31355
producing oil or gas in commercial quantities from a pool.	31356

(N) "Prepared clay" means a clay that is plastic and is	31357
thoroughly saturated with fresh water to a weight and consistency	31358
great enough to settle through saltwater in the well in which it	31359
is to be used, except as otherwise approved by the chief of the	31360
division of oil and gas resources management.	31361

(O) "Rock sediment" means the combined cutting and residue	31362
from drilling sedimentary rocks and formation.	31363

(P) "Excavations and workings," "mine," and "pillar" have the	31364
same meanings as in section 1561.01 of the Revised Code.	31365

(Q) "Coal bearing township" means a township designated as	31366
such by the chief of the division of mineral resources management	31367
under section 1561.06 of the Revised Code.	31368

(R) "Gas storage reservoir" means a continuous area of a	31369
subterranean porous sand or rock stratum or strata into which gas	31370
is or may be injected for the purpose of storing it therein and	31371
removing it therefrom and includes a gas storage reservoir as	31372
defined in section 1571.01 of the Revised Code.	31373

(S) "Safe Drinking Water Act" means the "Safe Drinking Water	31374
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the	31375
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42	31376
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"	31377
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water	31378
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and	31379
regulations adopted under those acts.	31380

(T) "Person" includes any political subdivision, department,	31381
agency, or instrumentality of this state; the United States and	31382
any department, agency, or instrumentality thereof; and any legal	31383
entity defined as a person under section 1.59 of the Revised Code.	31384

(U) "Brine" means all saline geological formation water	31385
resulting from, obtained from, or produced in connection with	31386
exploration, drilling, well stimulation, production of oil or gas,	31387
or plugging of a well.	31388

(V) "Waters of the state" means all streams, lakes, ponds,	31389
marshes, watercourses, waterways, springs, irrigation systems,	31390
drainage systems, and other bodies of water, surface or	31391
underground, natural or artificial, that are situated wholly or	31392
partially within this state or within its jurisdiction, except	31393
those private waters that do not combine or effect a junction with	31394
natural surface or underground waters.	31395

(W) "Exempt Mississippian well" means a well that meets all	31396
of the following criteria:	31397

(1) Was drilled and completed before January 1, 1980;

31398

(2) Is located in an unglaciated part of the state;

31399

(3) Was completed in a reservoir no deeper than the	31400
Mississippian Big Injun sandstone in areas underlain by	31401
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea	31402
sandstone in areas directly underlain by Permian stratigraphy;	31403

(4) Is used primarily to provide oil or gas for domestic use.

31404

(X) "Exempt domestic well" means a well that meets all of the	31405
following criteria:	31406

(1) Is owned by the owner of the surface estate of the tract	31407
on which the well is located;	31408

(2) Is used primarily to provide gas for the owner's domestic	31409
use;	31410

(3) Is located more than two hundred feet horizontal distance	31411
from any inhabited private dwelling house other than an inhabited	31412
private dwelling house located on the tract on which the well is	31413
located;	31414

(4) Is located more than two hundred feet horizontal distance	31415
from any public building that may be used as a place of resort,	31416
assembly, education, entertainment, lodging, trade, manufacture,	31417
repair, storage, traffic, or occupancy by the public.	31418

(Y) "Urbanized area" means an area where a well or production	31419
facilities of a well are located within a municipal corporation or	31420
within a township that has an unincorporated population of more	31421
than five thousand in the most recent federal decennial census	31422
prior to the issuance of the permit for the well or production	31423
facilities.	31424

(Z) "Well stimulation" or "stimulation of a well" means the	31425
process of enhancing well productivity, including hydraulic	31426
fracturing operations.	31427

(AA) "Production operation" means all operations and	31428
activities and all related equipment, facilities, and other	31429
structures that may be used in or associated with the exploration	31430
and production of oil, gas, or other mineral resources that are	31431
regulated under this chapter, including operations and activities	31432
associated with site preparation, site construction, access road	31433
construction, well drilling, well completion, well stimulation,	31434
well site activities, reclamation, and plugging. "Production	31435
operation" also includes all of the following:	31436

(1) The piping, equipment, and facilities used for the	31437
production and preparation of hydrocarbon gas or liquids for	31438
transportation or delivery;	31439

(2) The processes of extraction and recovery, lifting,	31440
stabilization, treatment, separation, production processing,	31441
storage, waste disposal, and measurement of hydrocarbon gas and	31442
liquids, including related equipment and facilities;	31443

(3) The processes and related equipment and facilities	31444
associated with production compression, gas lift, gas injection,	31445
fuel gas supply, well drilling, well stimulation, and well	31446
completion activities, including dikes, pits, and earthen and	31447
other impoundments used for the temporary storage of fluids and	31448
waste substances associated with well drilling, well stimulation,	31449
and well completion activities;	31450

(4) Equipment and facilities at a wellpad or other location	31451
that are used for the transportation, handling, recycling,	31452
temporary storage, management, processing, or treatment of any	31453
equipment, material, and by-products or other substances from an	31454
operation at a wellpad that may be used or reused at the same or	31455
another operation at a wellpad or that will be disposed of in	31456
accordance with applicable laws and rules adopted under them.	31457

(BB) "Annular overpressurization" means the accumulation of	31458
fluids within an annulus with sufficient pressure to allow	31459
migration of annular fluids into underground sources of drinking	31460
water.	31461

(CC) "Idle and orphaned well" means a well for which a bond	31462
has been forfeited or an abandoned well for which no money is	31463
available to plug the well in accordance with this chapter and	31464
rules adopted under it.	31465

(DD) "Temporarily inactive well" means a well that has been	31466
granted temporary inactive status under section 1509.062 of the	31467
Revised Code.	31468

(EE) "Material and substantial violation" means any of the	31469
following:	31470

(1) Failure to obtain a permit to drill, reopen, convert,	31471
plugback, or plug a well under this chapter;	31472

(2) Failure to obtain, maintain, update, or submit proof of	31473
insurance coverage that is required under this chapter;	31474

(3) Failure to obtain, maintain, update, or submit proof of a	31475
surety bond that is required under this chapter;	31476

(4) Failure to plug an abandoned well or idle and orphaned	31477
well unless the well has been granted temporary inactive status	31478
under section 1509.062 of the Revised Code or the chief of the	31479
division of oil and gas resources management has approved another	31480
option concerning the abandoned well or idle and orphaned well;	31481

(5) Failure to restore a disturbed land surface as required	31482
by section 1509.072 of the Revised Code;	31483

(6) Failure to reimburse the oil and gas well fund pursuant	31484
to a final order issued under section 1509.071 of the Revised	31485
Code;	31486

(7) Failure to comply with a final nonappealable order of the	31487
chief issued under section 1509.04 of the Revised Code;	31488

(8) Failure to submit a report, test result, fee, or document	31489
that is required in this chapter or rules adopted under it.	31490

(FF) "Severer" has the same meaning as in section 5749.01 of	31491
the Revised Code.	31492

(GG) "Horizontal well" means a well that is drilled for the	31493
production of oil or gas in which the wellbore reaches a	31494
horizontal or near horizontal position in the Point Pleasant,	31495
Utica, or Marcellus formation and the well is stimulated.	31496

(HH) "Well pad" means the area that is cleared or prepared	31497
for the drilling of one or more horizontal wells.	31498

Sec. 1509.02. There is hereby created in the department of	31499
natural resources the division of oil and gas resources	31500
management, which shall be administered by the chief of the	31501
division of oil and gas resources management. The division has	31502
sole and exclusive authority to regulate the permitting, location,	31503
and spacing of oil and gas wells and production operations within	31504
the state, excepting only those activities regulated under federal	31505
laws for which oversight has been delegated to the environmental	31506
protection agency and activities regulated under sections 6111.02	31507
to ~~6111.029~~6111.028 of the Revised Code. The regulation of oil	31508
and gas activities is a matter of general statewide interest that	31509
requires uniform statewide regulation, and this chapter and rules	31510
adopted under it constitute a comprehensive plan with respect to	31511
all aspects of the locating, drilling, well stimulation,	31512
completing, and operating of oil and gas wells within this state,	31513
including site construction and restoration, permitting related to	31514
those activities, and the disposal of wastes from those wells. In	31515
order to assist the division in the furtherance of its sole and	31516
exclusive authority as established in this section, the chief may	31517
enter into cooperative agreements with other state agencies for	31518
advice and consultation, including visitations at the surface	31519
location of a well on behalf of the division. Such cooperative	31520
agreements do not confer on other state agencies any authority to	31521
administer or enforce this chapter and rules adopted under it. In	31522
addition, such cooperative agreements shall not be construed to	31523
dilute or diminish the division's sole and exclusive authority as	31524
established in this section. Nothing in this section affects the	31525
authority granted to the director of transportation and local	31526
authorities in section 723.01 or 4513.34 of the Revised Code,	31527
provided that the authority granted under those sections shall not	31528
be exercised in a manner that discriminates against, unfairly	31529
impedes, or obstructs oil and gas activities and operations	31530
regulated under this chapter.	31531

The chief shall not hold any other public office, nor shall	31532
the chief be engaged in any occupation or business that might	31533
interfere with or be inconsistent with the duties as chief.	31534

All moneys collected by the chief pursuant to sections	31535
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.222,	31536
1509.28, 1509.34, and 1509.50 of the Revised Code, ninety per cent	31537
of moneys received by the treasurer of state from the tax levied	31538
in divisions (A)(5) and (6) of section 5749.02 of the Revised	31539
Code, all civil penalties paid under section 1509.33 of the	31540
Revised Code, and, notwithstanding any section of the Revised Code	31541
relating to the distribution or crediting of fines for violations	31542
of the Revised Code, all fines imposed under divisions (A) and (B)	31543
of section 1509.99 of the Revised Code and fines imposed under	31544
divisions (C) and (D) of section 1509.99 of the Revised Code for	31545
all violations prosecuted by the attorney general and for	31546
violations prosecuted by prosecuting attorneys that do not involve	31547
the transportation of brine by vehicle shall be deposited into the	31548
state treasury to the credit of the oil and gas well fund, which	31549
is hereby created. Fines imposed under divisions (C) and (D) of	31550
section 1509.99 of the Revised Code for violations prosecuted by	31551
prosecuting attorneys that involve the transportation of brine by	31552
vehicle and penalties associated with a compliance agreement	31553
entered into pursuant to this chapter shall be paid to the county	31554
treasury of the county where the violation occurred.	31555

The fund shall be used solely and exclusively for the	31556
purposes enumerated in division (B) of section 1509.071 of the	31557
Revised Code, for the expenses of the division associated with the	31558
administration of this chapter and Chapter 1571. of the Revised	31559
Code and rules adopted under them, and for expenses that are	31560
critical and necessary for the protection of human health and	31561
safety and the environment related to oil and gas production in	31562
this state. The expenses of the division in excess of the moneys	31563
available in the fund shall be paid from general revenue fund	31564
appropriations to the department.	31565

Sec. 1509.062. (A)(1) The owner of a well that has not been	31566
completed, a well that has not produced within one year after	31567
completion, or an existing well that is not a horizontal well and	31568
that has no reported production for two consecutive reporting	31569
periods as reported in accordance with section 1509.11 of the	31570
Revised Code, or an existing horizontal well that has no reported	31571
production for eight consecutive reporting periods as reported in	31572
accordance with section 1509.11 of the Revised Code shall plug the	31573
well in accordance with section 1509.12 of the Revised Code,	31574
obtain temporary inactive well status for the well in accordance	31575
with this section, or perform another activity regarding the well	31576
that is approved by the chief of the division of oil and gas	31577
resources management.	31578

(2) If a well has a reported annual production that is less	31579
than one hundred thousand cubic feet of natural gas or fifteen	31580
barrels of crude oil, or a combination thereof, the chief may	31581
require the owner of the well to submit an application for	31582
temporary inactive well status under this section for the well.	31583

(B) In order for the owner of a well to submit an application	31584
for temporary inactive well status for the well under this	31585
division, the owner and the well shall be in compliance with this	31586
chapter and rules adopted under it, any terms and conditions of	31587
the permit for the well, and applicable orders issued by the	31588
chief. An application for temporary inactive status for a well	31589
shall be submitted to the chief on a form prescribed and provided	31590
by the chief and shall contain all of the following:	31591

(1) The owner's name and address and, if the owner is a	31592
corporation, the name and address of the corporation's statutory	31593
agent;	31594

(2) The signature of the owner or of the owner's authorized	31595
agent. When an authorized agent signs an application, the	31596
application shall be accompanied by a certified copy of the	31597
appointment as such agent.	31598

(3) The permit number assigned to the well. If the well has	31599
not been assigned a permit number, the chief shall assign a permit	31600
number to the well.	31601

(4) A map, on a scale not smaller than four hundred feet to	31602
the inch, that shows the location of the well and the tank	31603
battery, that includes the latitude and longitude of the well, and	31604
that contains all other data that are required by the chief;	31605

(5) A demonstration that the well is of future utility and	31606
that the applicant has a viable plan to utilize the well within a	31607
reasonable period of time;	31608

(6) A demonstration that the well poses no threat to the	31609
health or safety of persons, property, or the environment;	31610

(7) Any other relevant information that the chief prescribes	31611
by rule.	31612

The chief may waive any of the requirements established in	31613
divisions (B)(1) to (6) of this section if the division of oil and	31614
gas resources management possesses a current copy of the	31615
information or document that is required in the applicable	31616
division.	31617

(C) Upon receipt of an application for temporary inactive	31618
well status, the chief shall review the application and shall	31619
either deny the application by issuing an order or approve the	31620
application. The chief shall approve the application only if the	31621
chief determines that the well that is the subject of the	31622
application poses no threat to the health or safety of persons,	31623
property, or the environment. If the chief approves the	31624
application, the chief shall notify the applicant of the chief's	31625
approval. Upon receipt of the chief's approval, the owner shall	31626
shut in the well and empty all liquids and gases from all storage	31627
tanks, pipelines, and other equipment associated with the well. In	31628
addition, the owner shall maintain the well, other equipment	31629
associated with the well, and the surface location of the well in	31630
a manner that prevents hazards to the health and safety of people	31631
and the environment. The owner shall inspect the well at least	31632
every six months and submit to the chief within fourteen days	31633
after the inspection a record of inspection on a form prescribed	31634
and provided by the chief.	31635

(D) Not later than thirty days prior to the expiration of	31636
temporary inactive well status or a renewal of temporary inactive	31637
well status approved by the chief for a well, the owner of the	31638
well may submit to the chief an application for renewal of the	31639
temporary inactive well status on a form prescribed and provided	31640
by the chief. The application shall include a detailed plan that	31641
describes the ultimate disposition of the well, the time frames	31642
for that disposition, and any other information that the chief	31643
determines is necessary. The chief shall either deny an	31644
application by order or approve the application. If the chief	31645
approves the application, the chief shall notify the owner of the	31646
well of the chief's approval.	31647

(E) An application for temporary inactive well status shall	31648
be accompanied by a nonrefundable fee of one hundred dollars. An	31649
application for a renewal of temporary inactive well status shall	31650
be accompanied by a nonrefundable fee of two hundred fifty dollars	31651
for the first renewal and five hundred dollars for each subsequent	31652
renewal.	31653

(F) After a third renewal, the chief may require an owner to	31654
provide a surety bond in an amount not to exceed ten thousand	31655
dollars for each of the owner's wells that has been approved by	31656
the chief for temporary inactive well status.	31657

(G) Temporary inactive well status approved by the chief	31658
expires one year after the date of approval of the application for	31659
temporary inactive well status or production from the well	31660
commences, whichever occurs sooner. In addition, a renewal of a	31661
temporary inactive well status expires one year after the	31662
expiration date of the initial temporary inactive well status or	31663
one year after the expiration date of the previous renewal of the	31664
temporary inactive well status, as applicable, or production from	31665
the well commences, whichever occurs sooner.	31666

(H) The owner of a well that has been approved by the chief	31667
for temporary inactive well status may commence production from	31668
the well at any time. Not later than sixty days after the	31669
commencement of production from such a well, the owner shall	31670
notify the chief of the commencement of production.	31671

(I) This chapter and rules adopted under it, any terms and	31672
conditions of the permit for a well, and applicable orders issued	31673
by the chief apply to a well that has been approved by the chief	31674
for temporary inactive well status or renewal of that status.	31675

Sec. 1509.074. (A) With regard to material that results from	31676
the construction, operation, or plugging of a horizontal well, all	31677
of the following apply:	31678

(1) Except as provided in division (A)(2) of this section,	31679
the owner shall determine the concentration of radium-226 and of	31680
radium-228 in representative samples of the material if the	31681
material is technologically enhanced naturally occurring	31682
radioactive material. The owner shall provide for the collection	31683
and analysis of the representative samples of the material. The	31684
collection and analysis of the representative samples shall be	31685
performed in accordance with requirements approved by the chief of	31686
the division of oil and gas resources management. The owner shall	31687
not remove the material from the location associated with the	31688
production operation of the horizontal well until the analysis is	31689
complete and the results are available. However, the owner may do	31690
one of the following:	31691

(a) Temporarily store the material in an area adjacent to the	31692
location associated with the production operation of the well	31693
while the results from the analysis of the representative samples	31694
are pending if the material is located in an area that is	31695
designated by the division of oil and gas resources management and	31696
the owner complies with all conditions imposed by the chief;	31697

(b) Prior to the collection of representative samples under	31698
division (A)(1) of this section, transport the material to a	31699
location for which a permit or order has been issued under	31700
division (C) of section 1509.22 of the Revised Code. The owner	31701
shall provide for the collection of representative samples of the	31702
material at that location in accordance with that division and	31703
shall temporarily store the material at that location while the	31704
results from the analysis are pending.	31705

(2) The owner is not required to determine the concentration	31706
of radium-226 and of radium-228 of the material that is	31707
technologically enhanced naturally occurring radioactive material	31708
if any of the following applies:	31709

(a) The material is reused in the horizontal well from where	31710
it originated or is transferred to another site for reuse in a	31711
horizontal well. For purposes of division (A)(2)(a) of this	31712
section, a material is reused if the material is used in a	31713
substantially similar manner as it was originally used.	31714

(b) The owner disposes of the material at an injection well	31715
for which a permit has been issued under section 1509.22 of the	31716
Revised Code.	31717

(c) The owner uses the material in association with a method	31718
of enhanced recovery for which a permit has been issued under	31719
section 1509.21 of the Revised Code.	31720

(d) The material is transported out of the state for lawful	31721
disposal. The owner shall retain records that substantiate the	31722
lawful disposal and provide them to the chief upon request.	31723

(3) Except as provided in division (A)(2) of this section,	31724
the owner shall transport and dispose of material that is	31725
technologically enhanced naturally occurring radioactive material	31726
in accordance with all applicable laws.	31727

(4) If the material is not technologically enhanced naturally	31728
occurring radioactive material and the material has come in	31729
contact with a refined oil-based substance, the owner shall do one	31730
of the following:	31731

(a) If the material is removed from the location associated	31732
with the production operation of the well or from a location	31733
specified in a permit or order issued under division (C) of	31734
section 1509.22 of the Revised Code, dispose of the material at a	31735
solid waste facility that is authorized to accept the material in	31736
accordance with Chapter 3734. of the Revised Code and rules	31737
adopted under it;	31738

(b) If the material is removed from the location associated	31739
with the production operation of the well or from a location	31740
specified in a permit or order issued under division (C) of	31741
section 1509.22 of the Revised Code, beneficially use the material	31742
in accordance with rules adopted by the director of environmental	31743
protection under section 3734.125 of the Revised Code;	31744

(c) If the material is not removed from the location	31745
associated with the production operation of the well, recycle or	31746
reuse the material with the approval of the chief.	31747

(5) If the material is not technologically enhanced naturally	31748
occurring radioactive material and the material has not come in	31749
contact with a refined oil-based substance, the material may be	31750
used at the location associated with the production operation of	31751
the horizontal well or at another location associated with a	31752
production operation.	31753

(B) An owner who has obtained results under division (A)(1)	31754
of this section shall keep and maintain the results for a period	31755
of three years. In addition, the owner shall provide a copy of the	31756
results to the chief upon request.	31757

31758

(1) "Technologically enhanced naturally occurring radioactive	31759
material" has the same meaning as in section 3748.01 of the	31760
Revised Code.	31761

(2) "Owner" includes a person that is an authorized agent of	31762
an owner.	31763

Sec. 1509.10. (A) Any person drilling within the state	31764
shall, within sixty days after the completion of drilling	31765
operations to the proposed total depth or after a determination	31766
that a well is a dry or lost hole, file with the division of oil	31767
and gas resources management all wireline electric logs and an	31768
accurate well completion record on a form that is prescribed by	31769
the chief of the division of oil and gas resources management that	31770
designates:	31771

(1) The purpose for which the well was drilled;

31772

(2) The character, depth, and thickness of geological units	31773
encountered, including coal seams, mineral beds, associated fluids	31774
such as fresh water, brine, and crude oil, natural gas, and sour	31775
gas, if such seams, beds, fluids, or gases are known;	31776

(3) The dates on which drilling operations were commenced and	31777
completed;	31778

(4) The types of drilling tools used and the name of the	31779
person that drilled the well;	31780

(5) The length in feet of the various sizes of casing and	31781
tubing used in drilling the well, the amount removed after	31782
completion, the type and setting depth of each packer, all other	31783
data relating to cementing in the annular space behind such casing	31784
or tubing, and data indicating completion as a dry, gas, oil,	31785
combination oil and gas, brine injection, or artificial brine well	31786
or a stratigraphic test;	31787

(6) The number of perforations in the casing and the	31788
intervals of the perforations;	31789

(7) The elevation above mean sea level of the point from	31790
which the depth measurements were made, stating also the height of	31791
the point above ground level at the well, the total depth of the	31792
well, and the deepest geological unit that was penetrated in the	31793
drilling of the well;	31794

(8) If applicable, the type, volume, and concentration of	31795
acid, and the date on which acid was used in acidizing the well;	31796

(9)(a) If applicable, the trade name and the total amount of	31797
all products, fluids, and substances, and the supplier of each	31798
product, fluid, or substance, not including cement and its	31799
constituents and lost circulation materials, intentionally added	31800
to facilitate the drilling of any portion of the well until the	31801
surface casing is set and properly sealed. The owner shall	31802
identify each additive used and provide a brief description of the	31803
purpose for which the additive is used. In addition, the owner	31804
shall include a list of all chemicals, not including any	31805
information that is designated as a trade secret pursuant to	31806
division (I)(1) of this section, intentionally added to all	31807
products, fluids, or substances and include each chemical's	31808
corresponding chemical abstracts service number and the maximum	31809
concentration of each chemical. The owner shall obtain the	31810
chemical information, not including any information that is	31811
designated as a trade secret pursuant to division (I)(1) of this	31812
section, from the company that drilled the well, provided service	31813
at the well, or supplied the chemicals. If the company that	31814
drilled the well, provided service at the well, or supplied the	31815
chemicals provides incomplete or inaccurate chemical information,	31816
the owner shall make reasonable efforts to obtain the required	31817
information from the company or supplier.	31818

(b) For purposes of division (A)(9)(a) of this section, if	31819
recycled fluid was used, the total volume of recycled fluid and	31820
the well that is the source of the recycled fluid or the	31821
centralized facility that is the source of the recycled fluid.	31822

(10)(a) If applicable, the type and volume of fluid, not	31823
including cement and its constituents or information that is	31824
designated as a trade secret pursuant to division (I)(1) of this	31825
section, used to stimulate the reservoir of the well, the	31826
reservoir breakdown pressure, the method used for the containment	31827
of fluids recovered from the fracturing of the well, the methods	31828
used for the containment of fluids when pulled from the wellbore	31829
from swabbing the well, the average pumping rate of the well, and	31830
the name of the person that performed the well stimulation. In	31831
addition, the owner shall include a copy of the log from the	31832
stimulation of the well, a copy of the invoice for each of the	31833
procedures and methods described in division (A)(10) of this	31834
section that were used on a well, and a copy of the pumping	31835
pressure and rate graphs. However, the owner may redact from the	31836
copy of each invoice that is required to be included under	31837
division (A)(10) of this section the costs of and charges for the	31838
procedures and methods described in division (A)(10) of this	31839
section that were used on a well.	31840

(b) If applicable, the trade name and the total volume of all	31841
products, fluids, and substances, and the supplier of each	31842
product, fluid, or substance used to stimulate the well. The owner	31843
shall identify each additive used, provide a brief description of	31844
the purpose for which the additive is used, and include the	31845
maximum concentration of the additive used. In addition, the owner	31846
shall include a list of all chemicals, not including any	31847
information that is designated as a trade secret pursuant to	31848
division (I)(1) of this section, intentionally added to all	31849
products, fluids, or substances and include each chemical's	31850
corresponding chemical abstracts service number and the maximum	31851
concentration of each chemical. The owner shall obtain the	31852
chemical information, not including any information that is	31853
designated as a trade secret pursuant to division (I)(1) of this	31854
section, from the company that stimulated the well or supplied the	31855
chemicals. If the company that stimulated the well or supplied the	31856
chemicals provides incomplete or inaccurate chemical information,	31857
the owner shall make reasonable efforts to obtain the required	31858
information from the company or supplier.	31859

(c) For purposes of division (A)(10)(b) of this section, if	31860
recycled fluid was used, the total volume of recycled fluid and	31861
the well that is the source of the recycled fluid or the	31862
centralized facility that is the source of the recycled fluid.	31863

(11) The name of the company that performed the logging of	31864
the well and the types of wireline electric logs performed on the	31865
well.	31866

The well completion record shall be submitted in duplicate.	31867
The first copy shall be retained as a permanent record in the	31868
files of the division, and the second copy shall be transmitted by	31869
the chief to the division of geological survey.	31870

(B)(1) Not later than sixty days after the completion of the	31871
drilling operations to the proposed total depth, the owner shall	31872
file all wireline electric logs with the division of oil and gas	31873
resources management and the chief shall transmit such logs	31874
electronically, if available, to the division of geological	31875
survey. Such logs may be retained by the owner for a period of not	31876
more than six months, or such additional time as may be granted by	31877
the chief in writing, after the completion of the well	31878
substantially to the depth shown in the application required by	31879
section 1509.06 of the Revised Code.	31880

(2) If a well is not completed within sixty days after the	31881
completion of drilling operations, the owner shall file with the	31882
division of oil and gas resources management a supplemental well	31883
completion record that includes all of the information required	31884
under this section within sixty days after the completion of the	31885
well.	31886

(3) After a well is initially completed and stimulated and	31887
until the well is plugged, the owner shall report, on a form	31888
prescribed by the chief, all materials placed into the formation	31889
to refracture, restimulate, or newly complete the well. The owner	31890
shall submit the information within sixty days after completing	31891
the refracturing, restimulation, or new completion. In addition,	31892
the owner shall report the information required in divisions	31893
(A)(10)(a) to (c) of this section, as applicable, in a manner	31894
consistent with the requirements established in this section.	31895

(C) Upon request in writing by the chief of the division of	31896
geological survey prior to the beginning of drilling of the well,	31897
the person drilling the well shall make available a complete set	31898
of cuttings accurately identified as to depth.	31899

(D) The form of the well completion record required by this	31900
section shall be one that has been prescribed by the chief of the	31901
division of oil and gas resources management and the chief of the	31902
division of geological survey. The filing of a log as required by	31903
this section fulfills the requirement of filing a log with the	31904
chief of the division of geological survey in section 1505.04 of	31905
the Revised Code.	31906

(E) If a material listed or designated under division (A)(9)	31907
or (10) or (B)(3) of this section is a material for which the	31908
division of oil and gas resources management does not have a	31909
material safety data sheet, the owner shall provide a copy of the	31910
material safety data sheet for the material to the chief.	31911

(F) An owner shall submit to the chief the information that	31912
is required in divisions (A)(10)(b) and (c) and (B)(3) of this	31913
section consistent with the requirements established in this	31914
section using one of the following methods:	31915

(1) On a form prescribed by the chief;

31916

(2) Through the chemical disclosure registry that is	31917
maintained by the ground water protection council and the	31918
interstate oil and gas compact commission;	31919

(3) Any other means approved by the chief.

31920

(G) The chief shall post on the division's web site each	31921
material safety data sheet obtained under division (E) of this	31922
section. In addition, the chief shall make available through the	31923
division's web site the chemical information that is required by	31924
divisions (A)(9) and (10) and (B)(3) of this section.	31925

(H)(1) If a medical professional, in order to assist in the	31926
diagnosis or treatment of an individual who was affected by an	31927
incident associated with the production operations of a well,	31928
requests the exact chemical composition of each product, fluid, or	31929
substance and of each chemical component in a product, fluid, or	31930
substance that is designated as a trade secret pursuant to	31931
division (I) of this section, the person claiming the trade secret	31932
protection pursuant to that division shall provide to the medical	31933
professional the exact chemical composition of the product, fluid,	31934
or substance and of the chemical component in a product, fluid, or	31935
substance that is requested.	31936

(2) A medical professional who receives information pursuant	31937
to division (H)(1) of this section shall keep the information	31938
confidential and shall not disclose the information for any	31939
purpose that is not related to the diagnosis or treatment of an	31940
individual who was affected by an incident associated with the	31941
production operations of a well. Nothing in division (H)(2) of	31942
this section precludes a medical professional from making any	31943
report required by law or professional ethical standards.	31944

(I)(1) The owner of a well who is required to submit a well	31945
completion record under division (A) of this section or a report	31946
under division (B)(3) of this section or a person that provides	31947
information to the owner as described in and for purposes of	31948
division (A)(9) or (10) or (B)(3) of this section may designate	31949
without disclosing on a form prescribed by the chief and withhold	31950
from disclosure to the chief the identity, amount, concentration,	31951
or purpose of a product, fluid, or substance or of a chemical	31952
component in a product, fluid, or substance as a trade secret. The	31953
owner or person may pursue enforcement of any rights or remedies	31954
established in sections 1333.61 to 1333.69 of the Revised Code for	31955
misappropriation, as defined in section 1333.61 of the Revised	31956
Code, with respect to the identity, amount, concentration, or	31957
purpose of a product, fluid, or substance or a chemical component	31958
in a product, fluid, or substance designated as a trade secret	31959
pursuant to division (I)(1) of this section. The division shall	31960
not disclose information regarding the identity, amount,	31961
concentration, or purpose of any product, fluid, or substance or	31962
of any chemical component in a product, fluid, or substance	31963
designated as a trade secret pursuant to division (I)(1) of this	31964
section.	31965

(2) A property owner, an adjacent property owner, or any	31966
person or agency of this state having an interest that is or may	31967
be adversely affected by a product, fluid, or substance or by a	31968
chemical component in a product, fluid, or substance may commence	31969
a civil action in the court of common pleas of Franklin county	31970
against an owner or person described in division (I)(1) of this	31971
section challenging the owner's or person's claim to entitlement	31972
to trade secret protection for the specific identity, amount,	31973
concentration, or purpose of a product, fluid, or substance or of	31974
a chemical component in a product, fluid, or substance pursuant to	31975
division (I)(1) of this section. A person who commences a civil	31976
action pursuant to division (I)(2) of this section shall provide	31977
notice to the chief in a manner prescribed by the chief. In the	31978
civil action, the court shall conduct an in camera review of	31979
information submitted by an owner or person described in division	31980
(I)(1) of this section to determine if the identity, amount,	31981
concentration, or purpose of a product, fluid, or substance or of	31982
a chemical component in a product, fluid, or substance pursuant to	31983
division (I)(1) of this section is entitled to trade secret	31984
protection.	31985

(J)(1) Except for any information that is designated as a	31986
trade secret pursuant to division (I)(1) of this section and	31987
except as provided in division (J)(2) of this section, the owner	31988
of a well shall maintain records of all chemicals placed in a well	31989
for a period of not less than two years after the date on which	31990
each such chemical was placed in the well. The chief may inspect	31991
the records at any time concerning any such chemical.	31992

(2) An owner or person who has designated the identity,	31993
amount, concentration, or purpose of a product, fluid, or	31994
substance or of a chemical component in a product, fluid, or	31995
substance as a trade secret pursuant to division (I)(1) of this	31996
section shall maintain the records for such a product, fluid, or	31997
substance or for a chemical component in a product, fluid, or	31998
substance for a period of not less than two years after the date	31999
on which each such product, fluid, or substance or each such	32000
chemical component in a product, fluid, or substance was placed in	32001
the well. Upon the request of the chief, the owner or person, as	32002
applicable, shall disclose the records to the chief if the	32003
information is necessary to respond to a spill, release, or	32004
investigation. However, the chief shall not disclose the	32005
information that is designated as a trade secret.	32006

(K)(1) For purposes of correcting inaccuracies and	32007
incompleteness in chemical information required by divisions	32008
(A)(9) and (10) and (B)(3) of this section, an owner shall be	32009
considered in substantial compliance if the owner has made	32010
reasonable efforts to obtain the required information from the	32011
supplier.	32012

(2) For purposes of reporting under this section, an owner is	32013
not required to report chemicals that occur incidentally or in	32014
trace amounts.	32015

(L) As used in this section, the term "material safety data	32016
sheet" shall conform to any revision of or change in the term by	32017
the occupational safety and health administration in the United	32018
States department of labor.	32019

Sec. 1509.11. (A)(1) The owner of any well, ~~including~~except	32020
a horizontal well, that is producing or capable of producing oil	32021
or gas shall file with the chief of the division of oil and gas	32022
resources management, on or before the thirty-first day of March,	32023
a statement of production of oil, gas, and brine for the last	32024
preceding calendar year in such form as the chief may prescribe.	32025
An owner that has more than one hundred such wells in this state	32026
shall submit electronically the statement of production in a	32027
format that is approved by the chief. The chief shall include on	32028
the form, at the minimum, a request for the submittal of the	32029
information that a person who is regulated under this chapter is	32030
required to submit under the "Emergency Planning and Community	32031
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C.A. 11001, and	32032
regulations adopted under it, and that the division of oil and gas	32033
resources management does not obtain through other reporting	32034
mechanisms.	32035

(2) The owner of any horizontal well that is producing or	32036
capable of producing oil or gas shall file with the chief, on the	32037
forty-fifth day following the close of each calendar quarter, a	32038
statement of production of oil, gas, and brine for the preceding	32039
calendar quarter in a form that the chief prescribes. An owner	32040
that has more than one hundred horizontal wells in this state	32041
shall submit electronically the statement of production in a	32042
format that is approved by the chief. The chief shall include on	32043
the form, at a minimum, a request for the submittal of the	32044
information that a person who is regulated under this chapter is	32045
required to submit under the "Emergency Planning and Community	32046
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11001, and	32047
regulations adopted under it, and that the division does not	32048
obtain through other reporting mechanisms.	32049

(B) The chief shall not disclose information received from	32050
the department of taxation under division (C)(12) of section	32051
5703.21 of the Revised Code until the related statement of	32052
production required by division (A) of this section is filed with	32053
the chief.	32054

Sec. 1509.16. (A) As used in this section, "oil country	32055
tubular goods" means circular steel pipes that are seamless or	32056
welded and used in drilling for oil or natural gas, including	32057
casing, tubing, and drill pipe, whether finished or unfinished,	32058
and steel couplings and drill collars used with the pipes.	32059

(B) Beginning March 31, 2015, an owner shall file with the	32060
division of oil and gas resources management a disclosure form	32061
that specifies the country in which each oil country tubular good	32062
initially used in a production operation on or after that date was	32063
manufactured unless that country cannot be determined by the	32064
owner. The division shall prescribe the disclosure form and	32065
consult with representatives from the natural gas, oil, and steel	32066
industries when developing the form. The division shall use the	32067
information specified on the form to establish a quality well	32068
infrastructure catalog.	32069

(C) The division shall determine the date on which the	32070
disclosure form shall be filed.	32071

Sec. 1509.22. (A) Except when acting in accordance with	32072
section 1509.226 of the Revised Code, no person shall place or	32073
cause to be placed in ground water or in or on the land or	32074
discharge or cause to be discharged in surface water brine, crude	32075
oil, natural gas, or other fluids associated with the exploration	32076
or, development, well stimulation, production operations, or	32077
plugging of oil and gas resources ~~in surface or ground water or in~~	32078
~~or on the land in such quantities or in such manner as actually~~	32079
that causes or could reasonably be anticipated to cause ~~either of~~	32080
~~the following:~~	32081

~~(1) Water used for consumption by humans or domestic animals~~	32082
~~to exceed the standards of the Safe Drinking Water Act;~~	32083

~~(2) Damage~~damage or injury to public health or safety or the	32084
environment.	32085

(B)(1) No person shall store or dispose of brine in violation	32086
of a plan approved under division (A) of section 1509.222 or	32087
section 1509.226 of the Revised Code, in violation of a resolution	32088
submitted under section 1509.226 of the Revised Code, or in	32089
violation of rules or orders applicable to those plans or	32090
resolutions.	32091

(2)(a) On and after January 1, 2014, no person shall store,	32092
recycle, treat, process, or dispose of in this state brine or	32093
other waste substances associated with the exploration,	32094
development, well stimulation, production operations, or plugging	32095
of oil and gas resources without an order or a permit issued under	32096
this section or section 1509.06 or 1509.21 of the Revised Code or	32097
rules adopted under any of those sections. For purposes of	32098
division (B)(2)(a) of this section, a permit or other form of	32099
authorization issued by another agency of the state or a political	32100
subdivision of the state shall not be considered a permit or order	32101
issued by the chief of the division of oil and gas resources	32102
management under this chapter.	32103

(b) Division (B)(2)(a) of this section does not apply to a	32104
person that disposes of such waste substances other than brine in	32105
accordance with Chapter 3734. of the Revised Code and rules	32106
adopted under it.	32107

(C) The chief ~~of the division of oil and gas resources~~	32108
~~management~~ shall adopt rules ~~and issue orders~~ regarding storage,	32109
recycling, treatment, processing, and disposal of brine and other	32110
waste substances~~; however, the~~. The rules shall establish	32111
procedures and requirements in accordance with which a person	32112
shall apply for a permit or order for the storage, recycling,	32113
treatment, processing, or disposal of brine and other waste	32114
substances that are not subject to a permit issued under section	32115
1509.06 or 1509.21 of the Revised Code and in accordance with	32116
which the chief may issue such a permit or order. An application	32117
for such a permit shall be accompanied by a nonrefundable fee of	32118
two thousand five hundred dollars.	32119

The storage, recycling, treatment, processing, and disposal	32120
of brine and other waste substances and the chief's rules relating	32121
to storage, recycling, treatment, processing, and disposal are	32122
subject to all of the following standards:	32123

(1) Brine from any well except an exempt Mississippian well	32124
shall be disposed of only ~~by injection~~as follows:	32125

(a) By injection into an underground formation, including	32126
annular disposal if approved by rule of the chief, which injection	32127
shall be subject to division (D) of this section; by	32128

(b) By surface application in accordance with section	32129
1509.226 of the Revised Code; in	32130

(c) In association with a method of enhanced recovery as	32131
provided in section 1509.21 of the Revised Code; ~~or by~~	32132

(d) In any other ~~methods~~manner not specified in divisions	32133
(C)(1)(a) to (c) of this section that is approved by a permit or	32134
order issued by the chief ~~for testing or implementing a new~~	32135
~~technology or method of disposal~~. ~~Brine~~	32136

(2) Brine from exempt Mississippian wells shall not be	32137
discharged directly into the waters of the state.	32138

~~(2)~~(3) Muds, cuttings, and other waste substances shall not	32139
be disposed of in violation of this chapter or any rule adopted	32140
under it.	32141

~~(3)~~(4) Pits or steel tanks shall be used as authorized by the	32142
chief for containing brine and other waste substances resulting	32143
from, obtained from, or produced in connection with drilling, well	32144
stimulation, reworking, reconditioning, plugging back, or plugging	32145
operations. The pits and steel tanks shall be constructed and	32146
maintained to prevent the escape of brine and other waste	32147
substances.	32148

~~(4)~~(5) A dike or pit may be used for spill prevention and	32149
control. A dike or pit so used shall be constructed and maintained	32150
to prevent the escape of brine and crude oil, and the reservoir	32151
within such a dike or pit shall be kept reasonably free of brine,	32152
crude oil, and other waste substances.	32153

~~(5) Earthen impoundments~~(6) Impoundments constructed	32154
utilizing a synthetic liner pursuant to the division's	32155
specifications may be used for the temporary storage of ~~fluids~~	32156
waste substances used in the construction, stimulation, or	32157
plugging of a well.	32158

~~(6)~~(7) No pit~~, earthen impoundment,~~ or dike shall be used for	32159
the temporary storage of brine or other waste substances except in	32160
accordance with divisions (C)~~(3) to~~(4) and (5) of this section.	32161

~~(7)~~(8) No pit or dike shall be used for the ultimate disposal	32162
of brine or other liquid waste substances.	32163

(D)(1) No person, without first having obtained a permit from	32164
the chief, shall inject brine or other waste substances resulting	32165
from, obtained from, or produced in connection with oil or gas	32166
drilling, exploration, or production into an underground formation	32167
unless a rule of the chief expressly authorizes the injection	32168
without a permit. The permit shall be in addition to any permit	32169
required by section 1509.05 of the Revised Code, and the permit	32170
application shall be accompanied by a permit fee of one thousand	32171
dollars. The chief shall adopt rules in accordance with Chapter	32172
119. of the Revised Code regarding the injection into wells of	32173
brine and other waste substances resulting from, obtained from, or	32174
produced in connection with oil or gas drilling, exploration, or	32175
production. The rules shall include provisions regarding all of	32176
the following:	32177

(a) Applications for and issuance of the permits required by	32178
this division;	32179

(b) Entry to conduct inspections and to examine and copy	32180
records to ascertain compliance with this division and rules,	32181
orders, and terms and conditions of permits adopted or issued	32182
under it;	32183

(c) The provision and maintenance of information through	32184
monitoring, recordkeeping, and reporting. In addition, the rules	32185
shall require the owner of an injection well who has been issued a	32186
permit under division (D) of this section to quarterly submit	32187
electronically to the chief information concerning each shipment	32188
of brine or other waste substances received by the owner for	32189
injection into the well.	32190

(d) The provision and electronic reporting quarterly of	32191
information concerning brine and other waste substances from a	32192
transporter that is registered under section 1509.222 of the	32193
Revised Code prior to the injection of the transported brine or	32194
other waste substances;	32195

(e) Any other provisions in furtherance of the goals of this	32196
section and the Safe Drinking Water Act.	32197

(2) The chief may adopt rules in accordance with Chapter 119.	32198
of the Revised Code authorizing tests to evaluate whether fluids	32199
or carbon dioxide may be injected in a reservoir and to determine	32200
the maximum allowable injection pressure, which shall be conducted	32201
in accordance with methods prescribed in the rules or in	32202
accordance with conditions of the permit. In addition, the chief	32203
may adopt rules that do both of the following:	32204

(a) Establish the total depth of a well for which a permit	32205
has been applied for or issued under this division;	32206

(b) Establish requirements and procedures to protect public	32207
health and safety.	32208

(3) To implement the goals of the Safe Drinking Water Act,	32209
the chief shall not issue a permit for the injection of brine or	32210
other waste substances resulting from, obtained from, or produced	32211
in connection with oil or gas drilling, exploration, or production	32212
unless the chief concludes that the applicant has demonstrated	32213
that the injection will not result in the presence of any	32214
contaminant in ground water that supplies or can reasonably be	32215
expected to supply any public water system, such that the presence	32216
of the contaminant may result in the system's not complying with	32217
any national primary drinking water regulation or may otherwise	32218
adversely affect the health of persons.	32219

(4) The chief may issue an order to the owner of a well in	32220
existence on ~~the effective date of this amendment~~September 10,	32221
2012, to make changes in the operation of the well in order to	32222
correct problems or to address safety concerns.	32223

(5) This division and rules, orders, and terms and conditions	32224
of permits adopted or issued under it shall be construed to be no	32225
more stringent than required for compliance with the Safe Drinking	32226
Water Act unless essential to ensure that underground sources of	32227
drinking water will not be endangered.	32228

(E) The owner holding a permit, or an assignee or transferee	32229
who has assumed the obligations and liabilities imposed by this	32230
chapter and any rules adopted or orders issued under it pursuant	32231
to section 1509.31 of the Revised Code, and the operator of a well	32232
shall be liable for a violation of this section or any rules	32233
adopted or orders or terms or conditions of a permit issued under	32234
it.	32235

(F) An owner shall replace the water supply of the holder of	32236
an interest in real property who obtains all or part of the	32237
holder's supply of water for domestic, agricultural, industrial,	32238
or other legitimate use from an underground or surface source	32239
where the supply has been substantially disrupted by	32240
contamination, diminution, or interruption proximately resulting	32241
from the owner's oil or gas operation, or the owner may elect to	32242
compensate the holder of the interest in real property for the	32243
difference between the fair market value of the interest before	32244
the damage occurred to the water supply and the fair market value	32245
after the damage occurred if the cost of replacing the water	32246
supply exceeds this difference in fair market values. However,	32247
during the pendency of any order issued under this division, the	32248
owner shall obtain for the holder or shall reimburse the holder	32249
for the reasonable cost of obtaining a water supply from the time	32250
of the contamination, diminution, or interruption by the operation	32251
until the owner has complied with an order of the chief for	32252
compliance with this division or such an order has been revoked or	32253
otherwise becomes not effective. If the owner elects to pay the	32254
difference in fair market values, but the owner and the holder	32255
have not agreed on the difference within thirty days after the	32256
chief issues an order for compliance with this division, within	32257
ten days after the expiration of that thirty-day period, the owner	32258
and the chief each shall appoint an appraiser to determine the	32259
difference in fair market values, except that the holder of the	32260
interest in real property may elect to appoint and compensate the	32261
holder's own appraiser, in which case the chief shall not appoint	32262
an appraiser. The two appraisers appointed shall appoint a third	32263
appraiser, and within thirty days after the appointment of the	32264
third appraiser, the three appraisers shall hold a hearing to	32265
determine the difference in fair market values. Within ten days	32266
after the hearing, the appraisers shall make their determination	32267
by majority vote and issue their final determination of the	32268
difference in fair market values. The chief shall accept a	32269
determination of the difference in fair market values made by	32270
agreement of the owner and holder or by appraisers under this	32271
division and shall make and dissolve orders accordingly. This	32272
division does not affect in any way the right of any person to	32273
enforce or protect, under applicable law, the person's interest in	32274
water resources affected by an oil or gas operation.	32275

(G) In any action brought by the state for a violation of	32276
division (A) of this section involving any well at which annular	32277
disposal is used, there shall be a rebuttable presumption	32278
available to the state that the annular disposal caused the	32279
violation if the well is located within a one-quarter-mile radius	32280
of the site of the violation.	32281

(H)(1) There is levied on the owner of an injection well who	32282
has been issued a permit under division (D) of this section the	32283
following fees:	32284

(a) Five cents per barrel of each substance that is delivered	32285
to a well to be injected in the well when the substance is	32286
produced within the division of oil and gas resources management	32287
regulatory district in which the well is located or within an	32288
adjoining oil and gas resources management regulatory district;	32289

(b) Twenty cents per barrel of each substance that is	32290
delivered to a well to be injected in the well when the substance	32291
is not produced within the division of oil and gas resources	32292
management regulatory district in which the well is located or	32293
within an adjoining oil and gas resources management regulatory	32294
district.	32295

(2) The maximum number of barrels of substance per injection	32296
well in a calendar year on which a fee may be levied under	32297
division (H) of this section is five hundred thousand. If in a	32298
calendar year the owner of an injection well receives more than	32299
five hundred thousand barrels of substance to be injected in the	32300
owner's well and if the owner receives at least one substance that	32301
is produced within the division's regulatory district in which the	32302
well is located or within an adjoining regulatory district and at	32303
least one substance that is not produced within the division's	32304
regulatory district in which the well is located or within an	32305
adjoining regulatory district, the fee shall be calculated first	32306
on all of the barrels of substance that are not produced within	32307
the division's regulatory district in which the well is located or	32308
within an adjoining district at the rate established in division	32309
(H)(2) of this section. The fee then shall be calculated on the	32310
barrels of substance that are produced within the division's	32311
regulatory district in which the well is located or within an	32312
adjoining district at the rate established in division (H)(1) of	32313
this section until the maximum number of barrels established in	32314
division (H)(2) of this section has been attained.	32315

(3) The owner of an injection well who is issued a permit	32316
under division (D) of this section shall collect the fee levied by	32317
division (H) of this section on behalf of the division of oil and	32318
gas resources management and forward the fee to the division. The	32319
chief shall transmit all money received under division (H) of this	32320
section to the treasurer of state who shall deposit the money in	32321
the state treasury to the credit of the oil and gas well fund	32322
created in section 1509.02 of the Revised Code. The owner of an	32323
injection well who collects the fee levied by this division may	32324
retain up to three per cent of the amount that is collected.	32325

(4) The chief shall adopt rules in accordance with Chapter	32326
119. of the Revised Code establishing requirements and procedures	32327
for collection of the fee levied by division (H) of this section.	32328

Sec. 1509.226. (A) If a board of county commissioners, a	32329
board of township trustees, or the legislative authority of a	32330
municipal corporation wishes to permit the surface application of	32331
brine to roads, streets, highways, and other similar land surfaces	32332
it owns or has the right to control for control of dust or ice, it	32333
may adopt a resolution permitting such application as provided in	32334
this section. If a board or legislative authority does not adopt	32335
such a resolution, then no such surface application of brine is	32336
permitted on such roads, streets, highways, and other similar	32337
surfaces. If a board or legislative authority votes on a proposed	32338
resolution to permit such surface application of brine, but the	32339
resolution fails to receive the affirmative vote of a majority of	32340
the board or legislative authority, the board or legislative	32341
authority shall not adopt such a resolution for one year following	32342
the date on which the vote was taken. A board or legislative	32343
authority shall hold at least one public hearing on any proposal	32344
to permit surface application of brine under this division and may	32345
hold additional hearings. The board or legislative authority shall	32346
publish notice of the time and place of each such public hearing	32347
in a newspaper of general circulation in the political subdivision	32348
at least five days before the day on which the hearing is to be	32349
held.	32350

(B) If a board or legislative authority adopts a resolution	32351
permitting the surface application of brine to roads, streets,	32352
highways, and other similar land surfaces under division (A) of	32353
this section, the board or legislative authority shall, within	32354
thirty days after the adoption of the resolution, prepare and	32355
submit to the chief of the division of oil and gas resources	32356
management a copy of the resolution. Any department, agency, or	32357
instrumentality of this state or the United States that wishes to	32358
permit the surface application of brine to roads, streets,	32359
highways, and other similar land surfaces it owns or has a right	32360
to control shall prepare and submit guidelines for such	32361
application, but need not adopt a resolution under division (A) of	32362
this section permitting such surface application.	32363

All resolutions and guidelines shall be subject to the	32364
following standards:	32365

(1) Brine shall not be applied:

32366

(a) To a water-saturated surface;

32367

(b) Directly to vegetation near or adjacent to surfaces being	32368
treated;	32369

(c) Within twelve feet of structures crossing bodies of water	32370
or crossing drainage ditches;	32371

(d) Between sundown and sunrise, except for ice control.

32372

(2) The discharge of brine through the spreader bar shall	32373
stop when the application stops.	32374

(3) The applicator vehicle shall be moving at least five	32375
miles per hour at all times while the brine is being applied.	32376

(4) The maximum spreader bar nozzle opening shall be	32377
three-quarters of an inch in diameter.	32378

(5) The maximum uniform application rate of brine shall be	32379
three thousand gallons per mile on a twelve-foot-wide road or	32380
three gallons per sixty square feet on unpaved lots.	32381

(6) The applicator vehicle discharge valve shall be closed	32382
between the brine collection point and the specific surfaces that	32383
have been approved for brine application.	32384

(7) Any valves that provide for tank draining other than	32385
through the spreader bar shall be closed during the brine	32386
application and transport.	32387

(8) The angle of discharge from the applicator vehicle	32388
spreader bar shall not be greater than sixty degrees from the	32389
perpendicular to the unpaved surface.	32390

(9) Only the last twenty-five per cent of an applicator	32391
vehicle's contents shall be allowed to have a pressure greater	32392
than atmospheric pressure; therefore, the first seventy-five per	32393
cent of the applicator vehicle's contents shall be discharged	32394
under atmospheric pressure.	32395

(10) Only brine that is produced from a well that is not a	32396
horizontal well shall be allowed to be spread on a road. Fluids	32397
from the drilling of a well, flowback from the stimulation of a	32398
well, and other fluids used to treat a well shall not be spread on	32399
a road.	32400

If a resolution or guidelines contain only the standards	32401
listed in divisions (B)(1) to (10) of this section, without	32402
addition or qualification, the resolution or guidelines shall be	32403
deemed effective when submitted to the chief without further	32404
action by the chief. All other resolutions and guidelines shall	32405
comply with and be no less stringent than this chapter, rules	32406
concerning surface application that the chief shall adopt under	32407
division (C) of section 1509.22 of the Revised Code, and other	32408
rules of the chief. Within fifteen days after receiving such other	32409
resolutions and guidelines, the chief shall review them for	32410
compliance with the law and rules and disapprove them if they do	32411
not comply.	32412

The board, legislative authority, or department, agency, or	32413
instrumentality may revise and resubmit any resolutions or	32414
guidelines that the chief disapproves after each disapproval, and	32415
the chief shall again review and approve or disapprove them within	32416
fifteen days after receiving them. The board, legislative	32417
authority, or department, agency, or instrumentality may amend any	32418
resolutions or guidelines previously approved by the chief and	32419
submit them, as amended, to the chief. The chief shall receive,	32420
review, and approve or disapprove the amended resolutions or	32421
guidelines on the same basis and in the same time as original	32422
resolutions or guidelines. The board, legislative authority, or	32423
department, agency, or instrumentality shall not implement amended	32424
resolutions or guidelines until they are approved by the chief	32425
under this division.	32426

(C) Any person, other than a political subdivision required	32427
to adopt a resolution under division (A) of this section or a	32428
department, agency, or instrumentality of this state or the United	32429
States, who owns or has a legal right or obligation to maintain a	32430
road, street, highway, or other similar land surface may file with	32431
the board of county commissioners a written plan for the	32432
application of brine to the road, street, highway, or other	32433
surface. The board need not approve any such plans, but if it	32434
approves a plan, the plan shall comply with this chapter, rules	32435
adopted thereunder, and the board's resolutions, if any.	32436
Disapproved plans may be revised and resubmitted for the board's	32437
approval. Approved plans may also be revised and submitted to the	32438
board. A plan or revised plan shall do all of the following:	32439

(1) Identify the sources of brine to be used under the plan;

32440

(2) Identify by name, address, and registration certificate,	32441
if applicable, any transporters of the brine;	32442

(3) Specifically identify the places to which the brine will	32443
be applied;	32444

(4) Specifically describe the method, rate, and frequency of	32445
application.	32446

(D) The board may attach terms and conditions to approval of	32447
a plan, or revised plan, and may revoke approval for any violation	32448
of this chapter, rules adopted thereunder, resolutions adopted by	32449
the board, or terms or conditions attached by the board. The board	32450
shall conduct at least one public hearing before approving a plan	32451
or revised plan, publishing notice of the time and place of each	32452
such public hearing in a newspaper of general circulation in the	32453
county at least five days before the day on which the hearing is	32454
to be held. The board shall record the filings of all plans and	32455
revised plans in its journal. The board shall approve, disapprove,	32456
or revoke approval of a plan or revised plan by the adoption of a	32457
resolution. Upon approval of a plan or revised plan, the board	32458
shall send a copy of the plan to the chief. Upon revoking approval	32459
of a plan or revised plan, the board shall notify the chief of the	32460
revocation.	32461

(E) No person shall:

32462

(1) Apply brine to a water-saturated surface;

32463

(2) Apply brine directly to vegetation adjacent to the	32464
surface of roads, streets, highways, and other surfaces to which	32465
brine may be applied.	32466

(F) Each political subdivision that adopts a resolution under	32467
divisions (A) and (B) of this section, each department, agency, or	32468
instrumentality of this state or the United States that submits	32469
guidelines under division (B) of this section, and each person who	32470
files a plan under divisions (C) and (D) of this section shall, on	32471
or before the fifteenth day of April of each year, file a report	32472
with the chief concerning brine applied within the person's or	32473
governmental entity's jurisdiction, including the quantities	32474
transported and the sources and application points during the last	32475
preceding calendar year and such other information in such form as	32476
the chief requires.	32477

(G) Any political subdivision or department, agency, or	32478
instrumentality of this state or the United States that applies	32479
brine under this section may do so with its own personnel,	32480
vehicles, and equipment without registration under or compliance	32481
with section 1509.222 or 1509.223 of the Revised Code and without	32482
the necessity for filing the surety bond or other security	32483
required by section 1509.225 of the Revised Code. However, each	32484
such entity shall legibly identify vehicles used to apply brine	32485
with reflective paint in letters no less than four inches in	32486
height, indicating the word "brine" and that the vehicle is a	32487
vehicle of the political subdivision, department, agency, or	32488
instrumentality. Except as stated in this division, such entities	32489
shall transport brine in accordance with sections 1509.22 to	32490
1509.226 of the Revised Code.	32491

(H) A surface application plan filed for approval under	32492
division (C) of this section shall be accompanied by a	32493
nonrefundable fee of fifty dollars, which shall be credited to the	32494
general fund of the county. An approved plan is valid for one year	32495
from the date of its approval unless it is revoked before that	32496
time. An approved revised plan is valid for the remainder of the	32497
term of the plan it supersedes unless it is revoked before that	32498
time. Any person who has filed such a plan or revised plan and had	32499
it approved may renew it by refiling it in accordance with	32500
divisions (C) and (D) of this section within thirty days before	32501
any anniversary of the date on which the original plan was	32502
approved. The board shall notify the chief of renewals and	32503
nonrenewals of plans. Even if a renewed plan is approved under	32504
those divisions, the plan is not effective until notice is	32505
received by the chief, and until notice is received, the chief	32506
shall enforce this chapter and rules adopted thereunder with	32507
regard to the affected roads, streets, highways, and other similar	32508
land surfaces as if the plan had not been renewed.	32509

(I) A resolution adopted under division (A) of this section	32510
by a board or legislative authority shall be effective for one	32511
year following the date of its adoption and from month to month	32512
thereafter until the board or legislative authority, by	32513
resolution, terminates the authority granted in the original	32514
resolution. The termination shall be effective not less than seven	32515
days after enactment of the resolution, and a copy of the	32516
resolution shall be sent to the chief.	32517

Sec. 1509.227. Notwithstanding division (B)(2)(a) of section	32518
1509.22 of the Revised Code, on and after January 1, 2014, a	32519
person that is in operation prior to the date may store, recycle,	32520
treat, process, or dispose of in this state brine or other waste	32521
substances associated with the exploration, development, well	32522
stimulation, production operations, or plugging of oil and gas	32523
resources without an order or a permit issued under section	32524
1509.06, 1509.21, or 1509.22 of the Revised Code or rules adopted	32525
under any of those sections, provided that the chief of the	32526
division of oil and gas resources management has approved the	32527
operation and any required permit or other form of authorization	32528
has been issued by the environmental protection agency.	32529

Sec. 1509.50. (A) An oil and gas regulatory cost recovery	32530
assessment is hereby imposed by this section on an owner. An owner	32531
shall pay the assessment in the same manner as a severer who is	32532
required to file a return under section 5749.06 of the Revised	32533
Code. However, an owner may designate a severer who shall pay the	32534
owner's assessment on behalf of the owner on the return that the	32535
severer is required to file under that section. If a severer so	32536
pays an owner's assessment, the severer may recoup from the owner	32537
the amount of the assessment. Except for an exempt domestic well,	32538
the assessment imposed shall be in addition to the taxes levied on	32539
the severance of oil and gas under section 5749.02 of the Revised	32540
Code.	32541

(B)(1) Except for an exempt domestic well, the oil and gas	32542
regulatory cost recovery assessment shall be calculated on a	32543
quarterly basis and shall be one of the following:	32544

(a) If the sum of ten cents per barrel of oil for all of the	32545
wells of the owner, one-half of one cent per one thousand cubic	32546
feet of natural gas for all of the wells of the owner, and the	32547
amount of the severance tax levied on each severer for all of the	32548
wells of the owner under divisions (A)(5) and (6) of section	32549
5749.02 of the Revised Code, as applicable, is greater than the	32550
sum of fifteen dollars for each well owned by the owner, the	32551
amount of the assessment is the sum of ten cents per barrel of oil	32552
for all of the wells of the owner and one-half of one cent per one	32553
thousand cubic feet of natural gas for all of the wells of the	32554
owner.	32555

(b) If the sum of ten cents per barrel of oil for all of the	32556
wells of the owner, one-half of one cent per one thousand cubic	32557
feet of natural gas for all of the wells of the owner, and the	32558
amount of the severance tax levied on each severer for all of the	32559
wells of the owner under divisions (A)(5) and (6) of section	32560
5749.02 of the Revised Code, as applicable, is less than the sum	32561
of fifteen dollars for each well owned by the owner, the amount of	32562
the assessment is the sum of fifteen dollars for each well owned	32563
by the owner less the amount of the tax levied on each severer for	32564
all of the wells of the owner under divisions (A)(5) and (6) of	32565
section 5749.02 of the Revised Code, as applicable.	32566

(2) The oil and gas regulatory cost recovery assessment for a	32567
well that becomes an exempt domestic well on and after June 30,	32568
2010, shall be sixty dollars to be paid to the division of oil and	32569
gas resources management on the first day of July of each year.	32570

(C) All money collected pursuant to this section shall be	32571
~~deposited in the state treasury to the credit of~~credited to the	32572
severance tax receipts fund. After the director of budget and	32573
management transfers money from the severance tax receipts fund as	32574
required in division (H) of section 5749.06 of the Revised Code,	32575
money in the severance tax receipts fund from amounts collected	32576
pursuant to this section shall be credited to the oil and gas well	32577
fund created in section 1509.02 of the Revised Code.	32578

(D) Except for purposes of revenue distribution as specified	32579
in division (B) of section 5749.02 of the Revised Code, the oil	32580
and gas regulatory cost recovery assessment imposed by this	32581
section shall be treated the same and equivalent for all purposes	32582
as the taxes levied on the severance of oil and gas under that	32583
section. However, the assessment imposed by this section is not a	32584
tax under Chapter 5749. of the Revised Code.	32585

Sec. 1511.02. The chief of the division of soil and water	32586
resources, subject to the approval of the director of natural	32587
resources, shall do all of the following:	32588

(A) Provide administrative leadership to local soil and water	32589
conservation districts in planning, budgeting, staffing, and	32590
administering district programs and the training of district	32591
supervisors and personnel in their duties, responsibilities, and	32592
authorities as prescribed in this chapter and Chapter 1515. of the	32593
Revised Code;	32594

(B) Administer this chapter and Chapter 1515. of the Revised	32595
Code pertaining to state responsibilities and provide staff	32596
assistance to the Ohio soil and water conservation commission in	32597
exercising its statutory responsibilities;	32598

(C) Assist in expediting state responsibilities for watershed	32599
development and other natural resource conservation works of	32600
improvement;	32601

(D) Coordinate the development and implementation of	32602
cooperative programs and working agreements between local soil and	32603
water conservation districts and divisions or sections of the	32604
department of natural resources, or other agencies of local,	32605
state, and federal government;	32606

(E) Subject to the approval of the Ohio soil and water	32607
conservation commission, adopt, amend, or rescind rules pursuant	32608
to Chapter 119. of the Revised Code. Rules adopted pursuant to	32609
this section:	32610

(1) Shall establish technically feasible and economically	32611
reasonable standards to achieve a level of management and	32612
conservation practices in farming or silvicultural operations that	32613
will abate wind or water erosion of the soil or abate the	32614
degradation of the waters of the state by animal waste or by soil	32615
sediment including substances attached thereto, and establish	32616
criteria for determination of the acceptability of such management	32617
and conservation practices;	32618

(2) Shall establish technically feasible and economically	32619
reasonable standards to achieve a level of management and	32620
conservation practices that will abate wind or water erosion of	32621
the soil or abate the degradation of the waters of the state by	32622
soil sediment in conjunction with land grading, excavating,	32623
filling, or other soil-disturbing activities on land used or being	32624
developed for nonfarm commercial, industrial, residential, or	32625
other nonfarm purposes, and establish criteria for determination	32626
of the acceptability of such management and conservation	32627
practices. The standards shall be designed to implement applicable	32628
areawide waste treatment management plans prepared under section	32629
208 of the "Federal Water Pollution Control Act," 86 Stat. 816	32630
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria	32631
shall not apply in any municipal corporation or county that adopts	32632
ordinances or rules pertaining to sediment control, nor to lands	32633
being used in a strip mine operation as defined in section 1513.01	32634
of the Revised Code, nor to lands being used in a surface mining	32635
operation as defined in section 1514.01 of the Revised Code.	32636

(3) May recommend criteria and procedures for the approval of	32637
urban sediment pollution abatement plans and issuance of permits	32638
prior to any grading, excavating, filling, or other whole or	32639
partial disturbance of five or more contiguous acres of land owned	32640
by one person or operated as one development unit and require	32641
implementation of such a plan. Areas of less than five contiguous	32642
acres are not exempt from compliance with other provisions of this	32643
chapter and rules adopted under them.	32644

(4) Shall establish procedures for administration of rules	32645
for agricultural pollution abatement and urban sediment pollution	32646
abatement and for enforcement of rules for agricultural pollution	32647
abatement;	32648

(5) Shall specify the pollution abatement practices eligible	32649
for state cost sharing and determine the conditions for	32650
eligibility, the construction standards and specifications, the	32651
useful life, the maintenance requirements, and the limits of cost	32652
sharing for those practices. Eligible practices shall be limited	32653
to practices that address agricultural or silvicultural operations	32654
and that require expenditures that are likely to exceed the	32655
economic returns to the owner or operator and that abate soil	32656
erosion or degradation of the waters of the state by animal waste	32657
or soil sediment including pollutants attached thereto.	32658

(6) Shall establish procedures for administering grants to	32659
owners or operators of agricultural land or concentrated animal	32660
feeding operations for the implementation of operation and	32661
management plans;	32662

(7) Shall establish procedures for administering grants to	32663
soil and water conservation districts for urban sediment pollution	32664
abatement programs, specify the types of projects eligible for	32665
grants, establish limits on the availability of grants, and	32666
establish requirements governing the execution of projects to	32667
encourage the reduction of erosion and sedimentation associated	32668
with soil-disturbing activities;	32669

(8) Shall do all of the following with regard to composting	32670
conducted in conjunction with agricultural operations:	32671

(a) Provide for the distribution of educational material	32672
concerning composting to the offices of ~~the Ohio cooperative~~OSU	32673
extension ~~service~~ for the purposes of section 1511.022 of the	32674
Revised Code;	32675

(b) Establish methods, techniques, or practices for	32676
composting dead animals, or particular types of dead animals, that	32677
are to be used at such operations, as the chief considers to be	32678
necessary or appropriate;	32679

(c) Establish requirements and procedures governing the	32680
review and approval or disapproval of composting plans by the	32681
supervisors of soil and water conservation districts under	32682
division (Q) of section 1515.08 of the Revised Code.	32683

(9) Shall be adopted, amended, or rescinded after the chief	32684
does all of the following:	32685

(a) Mails notice to each statewide organization that the	32686
chief determines represents persons or local governmental agencies	32687
who would be affected by the proposed rule, amendment thereto, or	32688
rescission thereof at least thirty-five days before any public	32689
hearing thereon;	32690

(b) Mails a copy of each proposed rule, amendment thereto, or	32691
rescission thereof to any person who requests a copy, within five	32692
days after receipt of the request;	32693

(c) Consults with appropriate state and local governmental	32694
agencies or their representatives, including statewide	32695
organizations of local governmental officials, industrial	32696
representatives, and other interested persons;	32697

(d) If the rule relates to agricultural pollution abatement,	32698
develops an economic impact statement concerning the effect of the	32699
proposed rule or amendment.	32700

(10) Shall not conflict with air or water quality standards	32701
adopted pursuant to section 3704.03 or 6111.041 of the Revised	32702
Code. Compliance with rules adopted pursuant to this section does	32703
not affect liability for noncompliance with air or water quality	32704
standards adopted pursuant to section 3704.03 or 6111.041 of the	32705
Revised Code. The application of a level of management and	32706
conservation practices recommended under this section to control	32707
windblown soil from farming operations creates a presumption of	32708
compliance with section 3704.03 of the Revised Code as that	32709
section applies to windblown soil.	32710

(11) Insofar as the rules relate to urban sediment pollution,	32711
shall not be applicable in a municipal corporation or county that	32712
adopts ordinances or rules for urban sediment control, except that	32713
a municipal corporation or county that adopts such ordinances or	32714
rules may receive moneys for urban sediment control that are	32715
disbursed by the board of supervisors of the applicable soil and	32716
water conservation district under division (N) of section 1515.08	32717
of the Revised Code. The rules shall not exempt any person from	32718
compliance with municipal ordinances enacted pursuant to Section 3	32719
of Article XVIII, Ohio Constitution.	32720

(F) Cost share with landowners on practices established	32721
pursuant to division (E)(5) of this section as moneys are	32722
appropriated and available for that purpose. Any practice for	32723
which cost share is provided shall be maintained for its useful	32724
life. Failure to maintain a cost share practice for its useful	32725
life shall subject the landowner to full repayment to the	32726
division.	32727

(G) Issue orders requiring compliance with any rule adopted	32728
under division (E)(1) of this section or with section 1511.022 of	32729
the Revised Code. Before the chief issues an order, the chief	32730
shall afford each person allegedly liable an adjudication hearing	32731
under Chapter 119. of the Revised Code. The chief may require in	32732
an order that a person who has caused agricultural pollution by	32733
failure to comply with the standards established under division	32734
(E)(1) of this section operate under an operation and management	32735
plan approved by the chief under this section. The chief shall	32736
require in an order that a person who has failed to comply with	32737
division (A) of section 1511.022 of the Revised Code prepare a	32738
composting plan in accordance with rules adopted under division	32739
(E)(10)(c) of this section and operate in accordance with that	32740
plan or that a person who has failed to operate in accordance with	32741
such a plan begin to operate in accordance with it. Each order	32742
shall be issued in writing and contain a finding by the chief of	32743
the facts upon which the order is based and the standard that is	32744
not being met.	32745

(H) Employ field assistants and such other employees as are	32746
necessary for the performance of the work prescribed by Chapter	32747
1515. of the Revised Code, for performance of work of the	32748
division, and as agreed to under working agreements or contractual	32749
arrangements with local soil and water conservation districts,	32750
prescribe their duties, and fix their compensation in accordance	32751
with such schedules as are provided by law for the compensation of	32752
state employees.	32753

All employees of the division, unless specifically exempted	32754
by law, shall be employed subject to the classified civil service	32755
laws in force at the time of employment.	32756

(I) In connection with new or relocated projects involving	32757
highways, underground cables, pipelines, railroads, and other	32758
improvements affecting soil and water resources, including surface	32759
and subsurface drainage:	32760

(1) Provide engineering service as is mutually agreeable to	32761
the Ohio soil and water conservation commission and the director	32762
to aid in the design and installation of soil and water	32763
conservation practices as a necessary component of such projects;	32764

(2) Maintain close liaison between the owners of lands on	32765
which the projects are executed, local soil and water conservation	32766
districts, and authorities responsible for such projects;	32767

(3) Review plans for such projects to ensure their compliance	32768
with standards developed under division (E) of this section in	32769
cooperation with the department of transportation or with any	32770
other interested agency that is engaged in soil or water	32771
conservation projects in the state in order to minimize adverse	32772
impacts on soil and water resources adjacent to or otherwise	32773
affected by these projects;	32774

(4) Recommend measures to retard erosion and protect soil and	32775
water resources through the installation of water impoundment or	32776
other soil and water conservation practices;	32777

(5) Cooperate with other agencies and subdivisions of the	32778
state to protect the agricultural status of rural lands adjacent	32779
to such projects and control adverse impacts on soil and water	32780
resources.	32781

(J) Collect, analyze, inventory, and interpret all available	32782
information pertaining to the origin, distribution, extent, use,	32783
and conservation of the soil resources of the state;	32784

(K) Prepare and maintain up-to-date reports, maps, and other	32785
materials pertaining to the soil resources of the state and their	32786
use and make that information available to governmental agencies,	32787
public officials, conservation entities, and the public;	32788

(L) Provide soil and water conservation districts with	32789
technical assistance including on-site soil investigations and	32790
soil interpretation reports on the suitability or limitations of	32791
soil to support a particular use or to plan soil conservation	32792
measures. The assistance shall be upon such terms as are mutually	32793
agreeable to the districts and the department of natural	32794
resources.	32795

(M) Assist local government officials in utilizing land use	32796
planning and zoning, current agricultural use value assessment,	32797
development reviews, and land management activities;	32798

(N) When necessary for the purposes of this chapter or	32799
Chapter 1515. of the Revised Code, develop or approve operation	32800
and management plans.	32801

This section does not restrict the excrement of domestic or	32802
farm animals defecated on land outside a concentrated animal	32803
feeding operation or runoff therefrom into the waters of the	32804
state.	32805

Sec. 1511.022. (A) Any person who owns or operates an	32806
agricultural operation, or owns the animals raised by the owner or	32807
operator of an agricultural operation, and who wishes to conduct	32808
composting of dead animals resulting from the agricultural	32809
operation shall do both of the following:	32810

(1) Participate in an educational course concerning	32811
composting conducted by ~~the Ohio cooperative~~OSU extension ~~service~~	32812
and obtain a certificate of completion for the course;	32813

(2) Use the appropriate method, technique, or practice of	32814
composting established in rules adopted under division (E)(8) of	32815
section 1511.02 of the Revised Code.	32816

(B) Any person who fails to comply with division (A) of this	32817
section shall prepare and operate under a composting plan in	32818
accordance with an order issued by the chief of the division of	32819
soil and water resources under division (G) of section 1511.02 of	32820
the Revised Code. If the person's proposed composting plan is	32821
disapproved by the board of supervisors of the appropriate soil	32822
and water conservation district under division (Q)(3) of section	32823
1515.08 of the Revised Code, the person may appeal the plan	32824
disapproval to the chief, who shall afford the person a hearing.	32825
Following the hearing, the chief shall uphold the plan disapproval	32826
or reverse it. If the chief reverses the disapproval, the plan	32827
shall be deemed approved.	32828

Sec. 1531.06. (A) The chief of the division of wildlife,	32829
with the approval of the director of natural resources, may	32830
acquire by gift, lease, purchase, or otherwise lands or surface	32831
rights upon lands and waters or surface rights upon waters for	32832
wild animals, fish or game management, preservation, propagation,	32833
and protection, outdoor and nature activities, public fishing and	32834
hunting grounds, and flora and fauna preservation. The chief, with	32835
the approval of the director, may receive by grant, devise,	32836
bequest, donation, or assignment evidences of indebtedness, the	32837
proceeds of which are to be used for the purchase of such lands or	32838
surface rights upon lands and waters or surface rights upon	32839
waters.	32840

(B)(1) The chief shall adopt rules for the protection of	32841
state-owned or leased lands and waters and property under the	32842
control of the division of wildlife against wrongful use or	32843
occupancy that will ensure the carrying out of the intent of this	32844
section, protect those lands, waters, and property from	32845
depredations, and preserve them from molestation, spoilation,	32846
destruction, or any improper use or occupancy thereof, including	32847
rules with respect to recreational activities and for the	32848
government and use of such lands, waters, and property.	32849

(2) The chief may adopt rules benefiting wild animals, fish	32850
or game management, preservation, propagation, and protection,	32851
outdoor and nature activities, public fishing and hunting grounds,	32852
and flora and fauna preservation, and regulating the taking and	32853
possession of wild animals on any lands or waters owned or leased	32854
or under the division's supervision and control and, for a	32855
specified period of years, may prohibit or recall the taking and	32856
possession of any wild animal on any portion of such lands or	32857
waters. The division clearly shall define and mark the boundaries	32858
of the lands and waters owned or leased or under its supervision	32859
and control upon which the taking of any wild animal is	32860
prohibited.	32861

(C) The chief, with the approval of the director, may acquire	32862
by gift, lease, or purchase land for the purpose of establishing	32863
state fish hatcheries and game farms and may erect on it buildings	32864
or structures that are necessary.	32865

The title to or lease of such lands and waters shall be taken	32866
by the chief in the name of the state. The lease or purchase price	32867
of all such lands and waters may be paid from hunting and trapping	32868
and fishing licenses and any other funds.	32869

(D) To provide more public recreation, stream and lake	32870
agreements for public fishing only may be obtained under rules	32871
adopted by the chief.	32872

(E) The chief, with the approval of the director, may	32873
establish user fees for the use of special public facilities or	32874
participation in special activities on lands and waters	32875
administered by the division. The special facilities and	32876
activities may include hunting or fishing on special designated	32877
public lands and waters intensively managed or stocked with	32878
artificially propagated game birds or fish, field trial	32879
facilities, wildlife nature centers, firearm ranges, boat mooring	32880
facilities, camping sites, and other similar special facilities	32881
and activities. The chief shall determine whether the user fees	32882
are refundable and shall ensure that that information is provided	32883
at the time the user fees are paid.	32884

(F) The chief, with the approval of the director, may enter	32885
into lease agreements for rental of concessions or other special	32886
projects situated on state-owned or leased lands or waters or	32887
other property under the division's control. The chief shall set	32888
and collect the fees for concession rentals or other special	32889
projects; regulate through contracts between the division and	32890
concessionaires the sale of tangible objects at concessions or	32891
other special projects; and keep a record of all such fee payments	32892
showing the amount received, from whom received, and for what	32893
purpose the fee was collected.	32894

(G) The chief may sell or donate conservation-related items	32895
or items that promote wildlife conservation, including, but not	32896
limited to, stamps, pins, badges, books, bulletins, maps,	32897
publications, calendars, and any other educational article or	32898
artifact pertaining to wild animals; sell confiscated or forfeited	32899
items; and sell surplus structures and equipment, and timber or	32900
crops from lands owned, administered, leased, or controlled by the	32901
division. The chief, with the approval of the director, also may	32902
engage in campaigns and special events that promote wildlife	32903
conservation by selling or donating wildlife-related materials,	32904
memberships, and other items of promotional value.	32905

(H) The chief may sell, lease, or transfer minerals or	32906
mineral rights, with the approval of the director, when the chief	32907
and the director determine it to be in the best interest of the	32908
state. Upon approval of the director, the chief may make, execute,	32909
and deliver contracts, including leases, to mine, drill, or	32910
excavate iron ore, stone, coal, salt, and other minerals, other	32911
than oil or gas, upon and under lands owned by the state and	32912
administered by the division to any person who complies with the	32913
terms of such a contract. No such contract shall be valid for more	32914
than fifty years from its effective date. Consideration for	32915
minerals and mineral rights shall be by rental or royalty basis as	32916
prescribed by the chief and payable as prescribed by contract.	32917
Moneys collected under this division shall be paid into the state	32918
treasury to the credit of the wildlife habitat fund created in	32919
section 1531.33 of the Revised Code. Contracts entered into under	32920
this division also may provide for consideration for minerals or	32921
mineral rights in the form of acquisition of lands as provided	32922
under divisions (A) and (C) of this section.	32923

(I) All moneys received under divisions (E), (F), and (G) of	32924
this section shall be paid into the state treasury to the credit	32925
of a fund that shall be used for the purposes outlined in section	32926
1533.15 of the Revised Code and for the management of other wild	32927
animals for their ecological and nonconsumptive recreational value	32928
or benefit.	32929

(J) The chief, with the approval of the director, may barter	32930
or sell wild animals to other states, state or federal agencies,	32931
and conservation or zoological organizations. Moneys received from	32932
the sale of wild animals shall be deposited into the ~~wild animal~~	32933
wildlife fund created in section ~~1531.34~~1531.17 of the Revised	32934
Code.	32935

(K) The chief shall adopt rules establishing standards and	32936
guidelines for the administration of contraceptive chemicals to	32937
noncaptive wild animals. The rules may specify chemical delivery	32938
methods and devices and monitoring requirements.	32939

The chief shall establish criteria for the issuance of and	32940
shall issue permits for the administration of contraceptive	32941
chemicals to noncaptive wild animals. No person shall administer	32942
contraceptive chemicals to noncaptive wild animals without a	32943
permit issued by the chief.	32944

(L) All fees set by the chief under this section shall be	32945
approved by the wildlife council.	32946

(M) Information contained in the wildlife diversity database	32947
that is established pursuant to division (B)(2) of this section	32948
and section 1531.25 of the Revised Code may be made available to	32949
any individual or public or private agency for research,	32950
educational, environmental, land management, or other similar	32951
purposes that are not detrimental to the conservation of a species	32952
or feature. Information regarding sensitive site locations of	32953
species that are listed pursuant to section 1531.25 of the Revised	32954
Code and of features that are included in the wildlife diversity	32955
database is not subject to section 149.43 of the Revised Code if	32956
the chief determines that the release of the information could be	32957
detrimental to the conservation of a species or feature.	32958

Sec. 1531.17. All fines, penalties, and forfeitures arising	32959
from prosecutions, convictions, confiscations, or otherwise under	32960
this chapter and Chapters 1517. and 1533. of the Revised Code,	32961
unless otherwise directed by the director of natural resources,	32962
shall be paid by the officer by whom collected to the director and	32963
by ~~him~~the director paid into the state treasury to the credit of	32964
the wildlife fund, which is hereby created, for the use of the	32965
division of wildlife. All moneys received from the sale of wild	32966
animals under division (J) of section 1531.06 shall be paid into	32967
the state treasury to the credit of the wildlife fund for the use	32968
of the division. All moneys collected as license fees on nets in	32969
the Lake Erie fishing district shall be paid by the director into	32970
the state treasury to the credit of the wildlife fund for use only	32971
in the betterment and the propagation of fish therein or in	32972
otherwise propagating fish in such district. All investment	32973
earnings of the fund shall be credited to the fund. The wildlife	32974
fund shall not be used for compensation of personnel employed by	32975
other divisions of the department of natural resources who are	32976
assigned to law enforcement duties in aid of the division of	32977
wildlife or for compensation of division of wildlife personnel for	32978
activities related to the instruction of personnel of other	32979
divisions.	32980

Sec. 1545.071. ~~The following applies until the department of~~	32981
~~administrative services implements for park districts the health~~	32982
~~care plans under section 9.901 of the Revised Code. If those plans~~	32983
~~do not include or address any benefits listed in this section, the~~	32984
~~following provisions continue in effect for those benefits.~~	32985

The board of park commissioners of any park district may	32986
procure and pay all or any part of the cost of group insurance	32987
policies that may provide benefits for hospitalization, surgical	32988
care, major medical care, disability, dental care, eye care,	32989
medical care, hearing aids, or prescription drugs, or sickness and	32990
accident insurance or a combination of any of the foregoing types	32991
of insurance or coverage for park district officers and employees	32992
and their immediate dependents issued by an insurance company duly	32993
authorized to do business in this state.	32994

The board may procure and pay all or any part of the cost of	32995
group life insurance to insure the lives of park district	32996
employees.	32997

The board also may contract for group health care services	32998
with health insuring corporations holding a certificate of	32999
authority under Chapter 1751. of the Revised Code provided that	33000
each officer or employee is permitted to:	33001

(A) Choose between a plan offered by an insurance company and	33002
a plan offered by a health insuring corporation and provided	33003
further that the officer or employee pays any amount by which the	33004
cost of the plan chosen by the officer or employee exceeds the	33005
cost of the plan offered by the board under this section;	33006

(B) Change the choice made under division (A) of this section	33007
at a time each year as determined in advance by the board.	33008

Any appointed member of the board of park commissioners and	33009
the spouse and dependent children of the member may be covered, at	33010
the option and expense of the member, as a noncompensated employee	33011
of the park district under any benefit plan described in division	33012
(A) of this section. The member shall pay to the park district the	33013
amount certified to it by the benefit provider as the provider's	33014
charge for the coverage the member has chosen under division (A)	33015
of this section. Payments for coverage shall be made, in advance,	33016
in a manner prescribed by the board. The member's exercise of an	33017
option to be covered under this section shall be in writing,	33018
announced at a regular public meeting of the board, and recorded	33019
as a public record in the minutes of the board.	33020

The board may provide the benefits authorized in this section	33021
by contributing to a health and welfare trust fund administered	33022
through or in conjunction with a collective bargaining	33023
representative of the park district employees.	33024

The board may provide the benefits described in this section	33025
through an individual self-insurance program or a joint	33026
self-insurance program as provided in section 9.833 of the Revised	33027
Code.	33028

Sec. 1545.23. If a park district enters into an agreement	33029
for the sale or lease of mineral rights regarding a park within	33030
the district, any royalties or other moneys resulting from the	33031
sale or lease shall be deposited into a special fund that the	33032
board of park commissioners shall create. The fund shall be used	33033
exclusively for maintenance of parks within the district and for	33034
the acquisition of new park lands.	33035

Sec. 1547.532. (A) All of the following are exempt from	33036
registration under this chapter:	33037

(1) Sailboards;

33038

(2) Kiteboards;

33039

(3) Paddleboards;

33040

(4) Belly boats or float tubes.

33041

(B) As used in this section:

33042

(1) "Belly boat" or "float tube" means a vessel that is	33043
inflatable, propelled solely by human muscular effort without	33044
using an oar, paddle, or pole, and designed to accommodate a	33045
single individual as an operator in such a manner that the	33046
operator remains partially submerged in the water.	33047

(2) "Kiteboard" means a recreational vessel that is	33048
inherently buoyant, has no cockpit, and is operated by an	33049
individual who is standing on the vessel while using a kite as a	33050
means of propulsion and lift.	33051

(3) "Paddleboard" means a recreational vessel that is	33052
inherently buoyant, is propelled by human muscular effort using a	33053
pole or single- or double-bladed paddle, and is operated by an	33054
individual who is kneeling, standing, or lying on the vessel.	33055

(4) "Sailboard" means a recreational vessel that is	33056
inherently buoyant, has no cockpit, has a single sail mounted on a	33057
mast that is connected to the vessel by a free-rotating, flexible	33058
joint, and is operated by an individual who is standing on the	33059
vessel.	33060

Sec. 1547.542. (A) Any person or organization owning any	33061
number of canoes, rowboats, inflatable watercraft, or sailboats	33062
for the purpose of rental to the public may apply with the chief	33063
of the division of watercraft for and receive an annual	33064
certificate of livery registration. No watercraft shall be rented	33065
to the public from a livery or other place of business in this	33066
state unless it first has been numbered and registered in	33067
accordance with this section or section 1547.54 of the Revised	33068
Code. Certificates of livery registration shall be issued by an	33069
authorized agent who is selected by the chief from among those	33070
designated under section 1547.54 of the Revised Code. The	33071
certificate shall display ~~the~~all of the following:	33072

(1) The name of the owner of the livery~~, the~~;

33073

(2) The date of issuance~~, the~~;

33074

(3) The date of expiration~~, the~~;

33075

(4) The number of watercraft registered~~, the~~;

33076

(5) The fee paid~~, an~~;

33077

(6) An authorized facsimile of the signature of the chief	33078
provided by the authorized agent who is selected to issue the	33079
certificate~~, and the~~;	33080

(7) The signature of the livery owner~~. The certificate shall~~	33081
~~bear the~~;	33082

(8) The livery watercraft registration number assigned to the	33083
livery owner~~, which shall be displayed in accordance with section~~	33084
~~1547.57 of the Revised Code on each watercraft in the fleet for~~	33085
~~which the certificate was issued~~. ~~The~~	33086

The owner of the livery shall be issued a tag for each	33087
watercraft that has been registered in accordance with this	33088
section. The tag shall be affixed to each such watercraft in	33089
accordance with this section prior to the watercraft's being	33090
rented to the public. The chief shall prescribe the content and	33091
form of the tag in rules adopted under section 1547.52 of the	33092
Revised Code.	33093

The owner of a livery shall obtain an amended certificate of	33094
livery registration from the chief whenever the composition of the	33095
fleet changes.	33096

(B) Not later than March 15, 2015, the owner of a livery	33097
shall identify each watercraft in the fleet for which a	33098
certificate of registration has been issued under this section in	33099
one of the following ways:	33100

(1) By displaying the livery watercraft registration number	33101
assigned to the livery owner on the forward half of both sides of	33102
the watercraft in block characters that are of a single color that	33103
contrasts with the color of the hull and are at least three inches	33104
in height. The livery watercraft registration number shall be	33105
displayed in such a manner that the number is visible under normal	33106
operating conditions. In addition, the tag that has been issued to	33107
the watercraft under this section shall be placed not more than	33108
six inches from the livery watercraft registration number on the	33109
port side of the watercraft.	33110

(2) By displaying the livery name on the rear half of the	33111
watercraft in such a manner that it is clearly visible under	33112
normal operating conditions. If there is insufficient space or it	33113
is impractical to display the livery name on the sides of the	33114
watercraft, the livery name may be displayed on the rear half of	33115
the watercraft's deck, provided that the display of the name does	33116
not interfere with the placement of the tag that has been issued	33117
to the watercraft. In addition, the tag shall be placed in one of	33118
the following locations:	33119

(a) In the upper right corner of the transom so that the tag	33120
does not interfere with the legibility of the hull identification	33121
number of the watercraft;	33122

(b) Six inches from the stern on the outside of the	33123
watercraft below the port side gunwale;	33124

(c) On the inside of the watercraft on the upper portion of	33125
the starboard side gunwale so that the tag is visible from the	33126
port side of the watercraft;	33127

(d) On a deck on the rear half of the watercraft.

33128

For purposes of division (B) of this section, each watercraft	33129
in a livery fleet shall be identified in a uniform and consistent	33130
manner.	33131

(C) The fee for each watercraft registered under this section	33132
shall be an annual registration fee. The fee shall be one-third of	33133
the triennial registration fees prescribed in section 1547.54 of	33134
the Revised Code. However, if the size of the fleet does not	33135
increase, the fee for an amended certificate of livery	33136
registration shall be the fee prescribed for issuing a duplicate	33137
registration certificate under section 1547.54 of the Revised	33138
Code, and the chief shall not refund to the livery owner all or	33139
any portion of an annual registration fee applicable to a	33140
watercraft transferred or abandoned by the livery owner. If the	33141
size of the fleet increases, the livery owner shall be required to	33142
pay the applicable annual registration fee for each watercraft	33143
registered under an amended certificate of livery registration	33144
that is in excess of the number of watercraft contained in the	33145
annual certificate of livery registration.	33146

In addition to the fees established in this section,	33147
watercraft that are not powercraft shall be charged a waterways	33148
conservation assessment fee. The fee shall be collected at the	33149
time of the issuance of an annual livery registration under this	33150
section and shall be one dollar and fifty cents for each	33151
watercraft included in the registration. The fee shall be	33152
deposited in the state treasury and credited to a distinct account	33153
in the waterways safety fund created in section 1547.75 of the	33154
Revised Code.	33155

(D) The certificate of livery registration, rental ~~receipts~~	33156
agreements, and required safety equipment are subject to	33157
inspection at any time at the livery's place of business by any	33158
authorized representative of the division of watercraft or any law	33159
enforcement officer in accordance with section 1547.63 of the	33160
Revised Code.	33161

(E) Except as provided in this section, all watercraft	33162
registered under this section are subject to this chapter and	33163
Chapter 1548. of the Revised Code.	33164

(F) The chief may issue an order temporarily ~~or permanently~~	33165
restricting or suspending a livery certificate of registration and	33166
the privileges associated with it without a hearing if the chief	33167
finds that the holder of the certificate has violated this	33168
chapter.	33169

Sec. 1547.99. (A) Whoever violates section 1547.91 of the	33170
Revised Code is guilty of a felony of the fourth degree.	33171

(B) Whoever violates division (F) of section 1547.08, section	33172
1547.10, division (I) of section 1547.111, section 1547.13, or	33173
section 1547.66 of the Revised Code is guilty of a misdemeanor of	33174
the first degree.	33175

(C) Whoever violates a provision of this chapter or a rule	33176
adopted thereunder, for which no penalty is otherwise provided, is	33177
guilty of a minor misdemeanor.	33178

(D) Whoever violates section 1547.07, 1547.132, or 1547.12 of	33179
the Revised Code without causing injury to persons or damage to	33180
property is guilty of a misdemeanor of the fourth degree.	33181

(E) Whoever violates section 1547.07, 1547.132, or 1547.12 of	33182
the Revised Code causing injury to persons or damage to property	33183
is guilty of a misdemeanor of the third degree.	33184

(F) Whoever violates division (N) of section 1547.54,	33185
division (G) of section 1547.30, or section 1547.131, 1547.25,	33186
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92	33187
of the Revised Code or a rule adopted under division (A)(2) of	33188
section 1547.52 of the Revised Code is guilty of a misdemeanor of	33189
the fourth degree.	33190

(G) Whoever violates section 1547.11 of the Revised Code is	33191
guilty of a misdemeanor of the first degree and shall be punished	33192
as provided in division (G)(1), (2), or (3) of this section.	33193

(1) Except as otherwise provided in division (G)(2) or (3) of	33194
this section, the court shall sentence the offender to a jail term	33195
of three consecutive days and may sentence the offender pursuant	33196
to section 2929.24 of the Revised Code to a longer jail term. In	33197
addition, the court shall impose upon the offender a fine of not	33198
less than one hundred fifty nor more than one thousand dollars.	33199

The court may suspend the execution of the mandatory jail	33200
term of three consecutive days that it is required to impose by	33201
division (G)(1) of this section if the court, in lieu of the	33202
suspended jail term, places the offender under a community control	33203
sanction pursuant to section 2929.25 of the Revised Code and	33204
requires the offender to attend, for three consecutive days, a	33205
drivers' intervention program that is certified pursuant to	33206
section ~~3793.10~~5119.38 of the Revised Code. The court also may	33207
suspend the execution of any part of the mandatory jail term of	33208
three consecutive days that it is required to impose by division	33209
(G)(1) of this section if the court places the offender under a	33210
community control sanction pursuant to section 2929.25 of the	33211
Revised Code for part of the three consecutive days; requires the	33212
offender to attend, for that part of the three consecutive days, a	33213
drivers' intervention program that is certified pursuant to	33214
section ~~3793.10~~5119.38 of the Revised Code; and sentences the	33215
offender to a jail term equal to the remainder of the three	33216
consecutive days that the offender does not spend attending the	33217
drivers' intervention program. The court may require the offender,	33218
as a condition of community control, to attend and satisfactorily	33219
complete any treatment or education programs, in addition to the	33220
required attendance at a drivers' intervention program, that the	33221
operators of the drivers' intervention program determine that the	33222
offender should attend and to report periodically to the court on	33223
the offender's progress in the programs. The court also may impose	33224
any other conditions of community control on the offender that it	33225
considers necessary.	33226

(2) If, within six years of the offense, the offender has	33227
been convicted of or pleaded guilty to one violation of section	33228
1547.11 of the Revised Code or one other equivalent offense, the	33229
court shall sentence the offender to a jail term of ten	33230
consecutive days and may sentence the offender pursuant to section	33231
2929.24 of the Revised Code to a longer jail term. In addition,	33232
the court shall impose upon the offender a fine of not less than	33233
one hundred fifty nor more than one thousand dollars.	33234

In addition to any other sentence that it imposes upon the	33235
offender, the court may require the offender to attend a drivers'	33236
intervention program that is certified pursuant to section ~~3793.10~~	33237
5119.38 of the Revised Code.	33238

(3) If, within six years of the offense, the offender has	33239
been convicted of or pleaded guilty to more than one violation or	33240
offense identified in division (G)(2) of this section, the court	33241
shall sentence the offender to a jail term of thirty consecutive	33242
days and may sentence the offender to a longer jail term of not	33243
more than one year. In addition, the court shall impose upon the	33244
offender a fine of not less than one hundred fifty nor more than	33245
one thousand dollars.	33246

In addition to any other sentence that it imposes upon the	33247
offender, the court may require the offender to attend a drivers'	33248
intervention program that is certified pursuant to section ~~3793.10~~	33249
5119.38 of the Revised Code.	33250

(4) Upon a showing that serving a jail term would seriously	33251
affect the ability of an offender sentenced pursuant to division	33252
(G)(1), (2), or (3) of this section to continue the offender's	33253
employment, the court may authorize that the offender be granted	33254
work release after the offender has served the mandatory jail term	33255
of three, ten, or thirty consecutive days that the court is	33256
required by division (G)(1), (2), or (3) of this section to	33257
impose. No court shall authorize work release during the mandatory	33258
jail term of three, ten, or thirty consecutive days that the court	33259
is required by division (G)(1), (2), or (3) of this section to	33260
impose. The duration of the work release shall not exceed the time	33261
necessary each day for the offender to commute to and from the	33262
place of employment and the place in which the jail term is served	33263
and the time actually spent under employment.	33264

(5) Notwithstanding any section of the Revised Code that	33265
authorizes the suspension of the imposition or execution of a	33266
sentence or the placement of an offender in any treatment program	33267
in lieu of being imprisoned or serving a jail term, no court shall	33268
suspend the mandatory jail term of ten or thirty consecutive days	33269
required to be imposed by division (G)(2) or (3) of this section	33270
or place an offender who is sentenced pursuant to division (G)(2)	33271
or (3) of this section in any treatment program in lieu of being	33272
imprisoned or serving a jail term until after the offender has	33273
served the mandatory jail term of ten or thirty consecutive days	33274
required to be imposed pursuant to division (G)(2) or (3) of this	33275
section. Notwithstanding any section of the Revised Code that	33276
authorizes the suspension of the imposition or execution of a	33277
sentence or the placement of an offender in any treatment program	33278
in lieu of being imprisoned or serving a jail term, no court,	33279
except as specifically authorized by division (G)(1) of this	33280
section, shall suspend the mandatory jail term of three	33281
consecutive days required to be imposed by division (G)(1) of this	33282
section or place an offender who is sentenced pursuant to division	33283
(G)(1) of this section in any treatment program in lieu of	33284
imprisonment until after the offender has served the mandatory	33285
jail term of three consecutive days required to be imposed	33286
pursuant to division (G)(1) of this section.	33287

(6) As used in division (G) of this section:

33288

(a) "Equivalent offense" has the same meaning as in section	33289
4511.181 of the Revised Code.	33290

(b) "Jail term" and "mandatory jail term" have the same	33291
meanings as in section 2929.01 of the Revised Code.	33292

(H) Whoever violates section 1547.304 of the Revised Code is	33293
guilty of a misdemeanor of the fourth degree and also shall be	33294
assessed any costs incurred by the state or a county, township,	33295
municipal corporation, or other political subdivision in disposing	33296
of an abandoned junk vessel or outboard motor, less any money	33297
accruing to the state, county, township, municipal corporation, or	33298
other political subdivision from that disposal.	33299

(I) Whoever violates division (B) or (C) of section 1547.49	33300
of the Revised Code is guilty of a minor misdemeanor.	33301

(J) Whoever violates section 1547.31 of the Revised Code is	33302
guilty of a misdemeanor of the fourth degree on a first offense.	33303
On each subsequent offense, the person is guilty of a misdemeanor	33304
of the third degree.	33305

(K) Whoever violates section 1547.05 or 1547.051 of the	33306
Revised Code is guilty of a misdemeanor of the fourth degree if	33307
the violation is not related to a collision, injury to a person,	33308
or damage to property and a misdemeanor of the third degree if the	33309
violation is related to a collision, injury to a person, or damage	33310
to property.	33311

(L) The sentencing court, in addition to the penalty provided	33312
under this section for a violation of this chapter or a rule	33313
adopted under it that involves a powercraft powered by more than	33314
ten horsepower and that, in the opinion of the court, involves a	33315
threat to the safety of persons or property, shall order the	33316
offender to complete successfully a boating course approved by the	33317
national association of state boating law administrators before	33318
the offender is allowed to operate a powercraft powered by more	33319
than ten horsepower on the waters in this state. Violation of a	33320
court order entered under this division is punishable as contempt	33321
under Chapter 2705. of the Revised Code.	33322

Sec. 1548.02. The chief of the division of watercraft shall	33323
adopt such rules as the chief considers necessary to ensure	33324
uniform and orderly operation of this chapter, and the clerks of	33325
the courts of common pleas shall conform to those rules. The chief	33326
shall receive and file in the chief's office all information	33327
forwarded to the chief by the clerks under this chapter and shall	33328
maintain indexes covering the state at large for that information.	33329
These indexes shall be for the state at large and not for	33330
individual counties.	33331

The chief shall check with the chief's record all duplicate	33332
certificates of title received in the chief's office from the	33333
clerks.	33334

If it appears that any certificate of title has been	33335
improperly issued or is no longer required, the chief shall cancel	33336
the certificate. Upon the cancellation of any certificate of	33337
title, the chief shall notify the clerk who issued it, and the	33338
clerk shall enter the cancellation in the clerk's records. The	33339
chief also shall notify the person to whom the certificate of	33340
title was issued, as well as any lienholders appearing on it, of	33341
the cancellation and, if it is a physical certificate of title,	33342
shall demand the surrender of the certificate of title, but the	33343
cancellation shall not affect the validity of any lien noted on	33344
it. The holder of a physical certificate of title shall return it	33345
to the chief immediately.	33346

The clerks shall keep on hand a sufficient supply of blank	33347
forms that, except certificate of title and memorandum certificate	33348
forms, shall be furnished and distributed without charge to	33349
registered manufacturers or dealers or to other persons residing	33350
within the county. The clerks shall provide the certificates of	33351
title~~, the~~and ribbons, cartridges, or other devices necessary for	33352
~~data~~the operation of the certificate of title processing~~, and~~	33353
~~removable backup media~~equipment as determined by the automated	33354
title processing board pursuant to division (C) of section 4505.09	33355
of the Revised Code from moneys provided to the clerks from the	33356
automated title processing fund in accordance with division	33357
(B)~~(3)(b)~~ of section 4505.09 of the Revised Code. The clerks shall	33358
furnish all other supplies from other moneys available to the	33359
clerks.	33360

Sec. 1551.33. (A) The director of development services shall	33361
appoint and fix the compensation of the director of the Ohio coal	33362
development office. The director shall serve at the pleasure of	33363
the director of development services.	33364

(B) The director of the office shall do all of the following:

33365

(1) Biennially prepare and maintain the Ohio coal development	33366
agenda required under section 1551.34 of the Revised Code;	33367

(2) Propose and support policies for the office consistent	33368
with the Ohio coal development agenda and develop means to	33369
implement the agenda;	33370

(3) Initiate, undertake, and support projects to carry out	33371
the office's purposes and ensure that the projects are consistent	33372
with and meet the selection criteria established by the Ohio coal	33373
development agenda;	33374

(4) Actively encourage joint participation in and, when	33375
feasible, joint funding of the office's projects with governmental	33376
agencies, electric utilities, universities and colleges, other	33377
public or private interests, or any other person;	33378

(5) Establish a table of organization for and employ such	33379
employees and agents as are necessary for the administration and	33380
operation of the office. Any such employees shall be in the	33381
unclassified service and shall serve at the pleasure of the	33382
director of development services.	33383

(6) ~~Appoint specified members of and convene~~Convene the	33384
technical advisory committee established under section 1551.35 of	33385
the Revised Code;	33386

(7) Review, with the assistance of the technical advisory	33387
committee, proposed coal research and development projects as	33388
defined in section 1555.01 of the Revised Code, and coal	33389
development projects, submitted to the office by public utilities	33390
for the purpose of section 4905.304 of the Revised Code. If the	33391
director and the advisory committee determine that any such	33392
facility or project has as its purpose the enhanced use of Ohio	33393
coal in an environmentally acceptable, cost effective manner,	33394
promotes energy conservation, is cost effective, and is	33395
environmentally sound, the director shall submit to the public	33396
utilities commission a report recommending that the commission	33397
allow the recovery of costs associated with the facility or	33398
project under section 4905.304 of the Revised Code and including	33399
the reasons for the recommendation.	33400

(8) Establish such policies, procedures, and guidelines as	33401
are necessary to achieve the office's purposes.	33402

(C) With the approval of the director of development	33403
services, the director of the office may exercise any of the	33404
powers and duties that the director of development services	33405
considers appropriate or desirable to achieve the office's	33406
purposes, including, but not limited to, the powers and duties	33407
enumerated in sections 1551.11, 1551.12, and 1551.15 of the	33408
Revised Code.	33409

Additionally, the director of the office may make loans to	33410
governmental agencies or persons for projects to carry out the	33411
office's purposes. Fees, charges, rates of interest, times of	33412
payment of interest and principal, and other terms, conditions,	33413
and provisions of the loans shall be such as the director of the	33414
office determines to be appropriate and in furtherance of the	33415
purposes for which the loans are made. The mortgage lien securing	33416
any moneys lent by the director of the office may be subordinate	33417
to the mortgage lien securing any moneys lent or invested by a	33418
financial institution, but shall be superior to that securing any	33419
moneys lent or expended by any other person. The moneys used in	33420
making the loans shall be disbursed upon order of the director of	33421
the office.	33422

Sec. 1551.35. (A) There is hereby established a technical	33423
advisory committee to assist the director of the Ohio coal	33424
development office in achieving the office's purposes. The	33425
director of development services shall appoint to the committee	33426
one member of the public utilities commission and one	33427
representative each of coal production companies, the united mine	33428
workers of America, electric utilities, manufacturers that use	33429
Ohio coal, and environmental organizations, as well as two people	33430
with a background in coal research and development technology, one	33431
of whom is employed at the time of the member's appointment by a	33432
state university, as defined in section 3345.011 of the Revised	33433
Code. In addition, the committee shall include four legislative	33434
members. The speaker and minority leader of the house of	33435
representatives each shall appoint one member of the house of	33436
representatives, and the president and minority leader of the	33437
senate each shall appoint one member of the senate, to the	33438
committee. The director of environmental protection shall serve on	33439
the committee as an ex officio member. Any member of the committee	33440
may designate in writing a substitute to serve in the member's	33441
absence on the committee. The director of environmental protection	33442
may designate in writing the chief of the air pollution control	33443
division of the agency to represent the agency. Members shall	33444
serve on the committee at the pleasure of their appointing	33445
authority. Members of the committee appointed by the director of	33446
~~the office~~development services and, notwithstanding section	33447
101.26 of the Revised Code, legislative members of the committee,	33448
when engaged in their official duties as members of the committee,	33449
shall be compensated on a per diem basis in accordance with	33450
division (J) of section 124.15 of the Revised Code, except that	33451
the member of the public utilities commission and, while employed	33452
by a state university, the member with a background in coal	33453
research, shall not be so compensated. Members shall receive their	33454
actual and necessary expenses incurred in the performance of their	33455
duties.	33456

(B) The technical advisory committee shall review and make	33457
recommendations concerning the Ohio coal development agenda	33458
required under section 1551.34 of the Revised Code, project	33459
proposals, research and development projects submitted to the	33460
office by public utilities for the purpose of section 4905.304 of	33461
the Revised Code, proposals for grants, loans, and loan guarantees	33462
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	33463
and such other topics as the director of the office considers	33464
appropriate.	33465

(C) The technical advisory committee may hold an executive	33466
session at any regular or special meeting for the purpose of	33467
considering research and development project proposals or	33468
applications for assistance submitted to the Ohio coal development	33469
office under section 1551.33, or sections 1555.01 to 1555.06, of	33470
the Revised Code, to the extent that the proposals or applications	33471
consist of trade secrets or other proprietary information.	33472

Any materials or data submitted to, made available to, or	33473
received by the ~~department of~~ development services agency or the	33474
director of the Ohio coal development office in connection with	33475
agreements for assistance entered into under this chapter or	33476
Chapter 1555. of the Revised Code, or any information taken from	33477
those materials or data for any purpose, to the extent that the	33478
materials or data consist of trade secrets or other proprietary	33479
information, are not public records for the purposes of section	33480
149.43 of the Revised Code.	33481

As used in this division, "trade secrets" has the same	33482
meaning as in section 1333.61 of the Revised Code.	33483

Sec. 1555.15. There is hereby created in the state treasury	33484
the coal research and development fund. Moneys obtained for coal	33485
research and development projects from federal grants or loans,	33486
private grants, and other sources, and moneys paid into the fund	33487
pursuant to section 151.07 or 1555.08 of the Revised Code, shall	33488
be expended for the purpose of making grants and making or	33489
guaranteeing loans for coal research and development projects that	33490
will encourage the use of Ohio coal, to any individual,	33491
association, or corporation doing business in this state, or to	33492
any educational or scientific institution located in this state as	33493
provided for in Section 15 of Article VIII, Ohio Constitution and	33494
section 1555.08 of the Revised Code, when appropriated for such	33495
purposes by the general assembly. All investment earnings on the	33496
cash balance in the fund shall be credited to the fund.	33497

The director of budget and management shall establish and	33498
maintain records or accounts for or within the coal research and	33499
development fund in such manner as to show the amounts credited to	33500
such fund pursuant to section 1555.08 of the Revised Code and that	33501
the amounts so credited have been expended for the purposes set	33502
forth in Section 15 of Article VIII, Ohio Constitution, and	33503
section 151.07 of the Revised Code. The director of budget and	33504
management may otherwise manage the fund to comply with any	33505
requirements established by federal grants or loans, private	33506
grants, or moneys from other sources.	33507

Sec. 1701.86. (A) A corporation may be dissolved voluntarily	33508
in the manner provided in this section, provided the provisions of	33509
Chapter 1704. of the Revised Code do not prevent the dissolution	33510
from being effected.	33511

(B) A resolution of dissolution for a corporation shall set	33512
forth that the corporation elects to be dissolved. The resolution	33513
also may include any of the following:	33514

(1) The date on which the certificate of dissolution is to be	33515
filed or the conditions or events that will result in the filing	33516
of the certificate;	33517

(2) Authorization for the officers or directors to abandon	33518
the proposed dissolution before the filing of the certificate of	33519
dissolution;	33520

(3) Any additional provision considered necessary with	33521
respect to the proposed dissolution and winding up.	33522

(C) If an initial stated capital is not set forth in the	33523
articles then before the corporation begins business, or if an	33524
initial stated capital is set forth in the articles then before	33525
subscriptions to shares shall have been received in the amount of	33526
that initial stated capital, the incorporators or a majority of	33527
them may adopt, by a writing signed by each of them, a resolution	33528
of dissolution.	33529

(D) The directors may adopt a resolution of dissolution in	33530
any of the following cases:	33531

(1) When the corporation has been adjudged bankrupt or has	33532
made a general assignment for the benefit of creditors;	33533

(2) By leave of the court, when a receiver has been appointed	33534
in a general creditors' suit or in any suit in which the affairs	33535
of the corporation are to be wound up;	33536

(3) When substantially all of the assets have been sold at	33537
judicial sale or otherwise;	33538

(4) When the articles have been canceled for failure to file	33539
annual franchise or excise tax returns or for failure to pay	33540
franchise or excise taxes and the corporation has not been	33541
reinstated or does not desire to be reinstated;	33542

(5) When the period of existence of the corporation specified	33543
in its articles has expired.	33544

(E) The shareholders at a meeting held for such purpose may	33545
adopt a resolution of dissolution by the affirmative vote of the	33546
holders of shares entitling them to exercise two-thirds of the	33547
voting power of the corporation on such proposal or, if the	33548
articles provide or permit, by the affirmative vote of a greater	33549
or lesser proportion, though not less than a majority, of such	33550
voting power, and by such affirmative vote of the holders of	33551
shares of any particular class as is required by the articles.	33552
Notice of the meeting of the shareholders shall be given to all	33553
the shareholders whether or not entitled to vote at it.	33554

(F) Upon the adoption of a resolution of dissolution, a	33555
certificate shall be prepared, on a form prescribed by the	33556
secretary of state, setting forth all of the following:	33557

(1) The name of the corporation;

33558

(2) A statement that a resolution of dissolution has been	33559
adopted;	33560

(3) A statement of the manner of adoption of such resolution,	33561
and, in the case of its adoption by the incorporators or	33562
directors, a statement of the basis for such adoption;	33563

(4) The place in this state where its principal office is or	33564
is to be located;	33565

(5) The internet address of each domain name held or	33566
maintained by or on behalf of the corporation;	33567

(6) The name and address of its statutory agent;

33568

(7) The date of dissolution, if other than the filing date.	33569
The date of dissolution shall not be more than ninety days after	33570
the filing of the certificate of dissolution.	33571

(G) When the resolution of dissolution is adopted by the	33572
incorporators, the certificate shall be signed by not less than a	33573
majority of them. In all other cases, the certificate shall be	33574
signed by any authorized officer, unless the officer fails to	33575
execute and file such certificate within thirty days after the	33576
date upon which such certificate is to be filed. In that latter	33577
event, the certificate of dissolution may be signed by any three	33578
shareholders or, if there are less than three shareholders, all of	33579
the shareholders and shall set forth a statement that the persons	33580
signing the certificate are shareholders and are filing the	33581
certificate because of the failure of the officers to do so.	33582

(H) Except as otherwise provided in division (I) of this	33583
section, a certificate of dissolution, filed with the secretary of	33584
state, shall be accompanied by all of the following:	33585

(1) An affidavit of one or more of the persons executing the	33586
certificate of dissolution or of an officer of the corporation	33587
containing a statement of the counties, if any, in this state in	33588
which the corporation has personal property or a statement that	33589
the corporation is of a type required to pay personal property	33590
taxes to state authorities only;	33591

(2) A certificate or other evidence from the department of	33592
taxation showing that the corporation has paid all taxes	33593
administered by and required to be paid to the tax commissioner	33594
that are or will be due from the corporation on the date of the	33595
dissolution, or ~~an affidavit of one or more of the persons~~	33596
~~executing the certificate of dissolution or of an officer of the~~	33597
~~corporation containing a statement that the corporation is not~~	33598
~~required to pay or the department of taxation has not assessed any~~	33599
~~tax for which such a certificate or other evidence is not provided~~	33600
that the department has received an adequate guarantee for the	33601
payment of all such taxes;	33602

(3) A certificate or other evidence showing the payment of	33603
all personal property taxes accruing up to the date of dissolution	33604
or showing that such payment has been adequately guaranteed, or an	33605
affidavit of one or more of the persons executing the certificate	33606
of dissolution or of an officer of the corporation containing a	33607
statement that the corporation is not required to pay or the	33608
department of taxation has not assessed any tax for which such a	33609
certificate or other evidence is not provided;	33610

(4) A receipt, certificate, or other evidence from the	33611
director of job and family services showing that all contributions	33612
due from the corporation as an employer have been paid, or that	33613
such payment has been adequately guaranteed, or that the	33614
corporation is not subject to such contributions;	33615

(5) A receipt, certificate, or other evidence from the bureau	33616
of workers' compensation showing that all premiums due from the	33617
corporation as an employer have been paid, or that such payment	33618
has been adequately guaranteed, or that the corporation is not	33619
subject to such premium payments.	33620

(I) In lieu of the receipt, certificate, or other evidence	33621
described in division (H)~~(2),~~ (3), (4), or (5) of this section, an	33622
affidavit of one or more persons executing the certificate of	33623
dissolution or of an officer of the corporation containing a	33624
statement of the date upon which the particular department,	33625
agency, or authority was advised in writing of the scheduled	33626
effective date of the dissolution and was advised in writing of	33627
the acknowledgment by the corporation of the applicability of the	33628
provisions of section 1701.95 of the Revised Code.	33629

(J) Upon the filing of a certificate of dissolution and such	33630
accompanying documents or on a later date specified in the	33631
certificate that is not more than ninety days after the filing,	33632
the corporation shall be dissolved.	33633

Sec. 1701.922. (A) Except as otherwise provided in this	33634
division, upon reinstatement of a corporation's or professional	33635
association's articles of incorporation in accordance with section	33636
1701.07, 1785.06, 5703.93, or 5733.22 of the Revised Code, the	33637
rights, privileges, and franchises, including all real or personal	33638
property rights and credits and all contract and other rights, of	33639
the corporation or association existing at the time its articles	33640
of incorporation were canceled shall be fully vested in the	33641
corporation or association as if the articles had not been	33642
canceled, and the corporation or association shall again be	33643
entitled to exercise the rights, privileges, and franchises	33644
authorized by its articles of incorporation. The name of a	33645
corporation whose articles have been canceled shall be reserved	33646
for a period of one year after the date of cancellation. If the	33647
reinstatement is not made within one year after the date of the	33648
cancellation of its articles of incorporation and it appears that	33649
a corporate name, limited liability company name, limited	33650
liability partnership name, limited partnership name, or trade	33651
name has been filed, the name of which is not distinguishable upon	33652
the record as provided in section 1701.05 of the Revised Code, the	33653
secretary of state shall require the applicant for reinstatement,	33654
as a condition prerequisite to such reinstatement, to amend its	33655
articles by changing its name.	33656

(B) Upon reinstatement of a corporation's or association's	33657
articles in accordance with section 1701.07, 1785.06, 5703.93, or	33658
5733.22 of the Revised Code, both of the following apply to the	33659
exercise of or an attempt to exercise any rights, privileges, or	33660
franchises, including entering into or performing any contracts,	33661
on behalf of the corporation or association by an officer, agent,	33662
or employee of the corporation or association, after cancellation	33663
and prior to reinstatement of the articles of incorporation:	33664

(1) The exercise of or an attempt to exercise any rights,	33665
privileges, or franchises on behalf of the corporation or	33666
association by the officer, agent, or employee of the corporation	33667
or association has the same force and effect that the exercise of	33668
or an attempt to exercise the right, privilege, or franchise would	33669
have had if the corporation's or association's articles had not	33670
been canceled, if both of the following apply:	33671

(a) The exercise of or an attempt to exercise the right,	33672
privilege, or franchise was within the scope of the corporation's	33673
or association's articles of incorporation that existed prior to	33674
cancellation;	33675

(b) The officer, agent, or employee had no knowledge that the	33676
corporation's or association's articles of incorporation had been	33677
canceled.	33678

(2) The corporation or association is liable exclusively for	33679
the exercise of or an attempt to exercise any rights, privileges,	33680
or franchises on behalf of the corporation or association by an	33681
officer, agent, or employee of the corporation or association, if	33682
the conditions set forth in divisions (B)(1)(a) and (b) of this	33683
section are met.	33684

(C) Upon reinstatement of a corporation's or association's	33685
articles of incorporation in accordance with section 1701.07,	33686
1785.06, 5703.93, or 5733.22 of the Revised Code, the exercise of	33687
or an attempt to exercise any rights, privileges, or franchises on	33688
behalf of the corporation or association by an officer, agent, or	33689
employee of the corporation or association, after cancellation and	33690
prior to reinstatement of the articles of incorporation, does not	33691
constitute a failure to comply with division (A) of section	33692
1701.88 or a violation of section 1701.97 of the Revised Code, if	33693
the conditions set forth in divisions (B)(1)(a) and (b) of this	33694
section are met.	33695

(D) This section is remedial in nature and is to be construed	33696
liberally to accomplish the purpose of providing full	33697
reinstatement of a corporation's or association's articles of	33698
incorporation retroactive, in accordance with this section, to the	33699
time of the cancellation of the articles.	33700

Sec. 1703.29. (A) The failure of any corporation to obtain a	33701
license under sections 1703.01 to 1703.31~~, inclusive,~~ of the	33702
Revised Code, does not affect the validity of any contract with	33703
such corporation, but no foreign corporation ~~which~~that should	33704
have obtained such license shall maintain any action in any court	33705
until it has obtained such license. Before any such corporation	33706
shall maintain such action on any cause of action arising at the	33707
time when it was not licensed to transact business in this state,	33708
it shall pay to the secretary of state a forfeiture of two hundred	33709
fifty dollars and file in ~~his~~the secretary of state's office the	33710
papers required by divisions (B) or (C) of this section, whichever	33711
is applicable.	33712

(B) If such corporation has not been previously licensed to	33713
do business in this state or if its license has been surrendered	33714
it shall file as required by division (A) of this section:	33715

(1) Its application for a license certificate, together with	33716
the filing fee, with such information as the secretary of state	33717
requires as to the time it began to transact business in this	33718
state and as to the number of its issued shares represented in	33719
this state, and with the license fees on its shares represented in	33720
this state plus a forfeiture of fifteen per cent thereon.	33721

(2) A certificate from the tax commissioner that the	33722
corporation has paid all ~~franchise~~ taxes ~~which~~that it should have	33723
paid had it qualified to do business in this state at the time it	33724
began to do so, plus any penalties assessable on said taxes on	33725
account of failure to pay them within the time prescribed by law,	33726
or a certificate of the commissioner that the corporation has	33727
furnished security satisfactory to the commissioner for the	33728
payment of all such ~~franchise~~ taxes and penalties.	33729

(C) If such corporation has been previously licensed to	33730
transact business in this state and its license has expired or has	33731
been canceled by the secretary of state upon order of the	33732
commissioner, or for failure to designate an agent for service of	33733
process, it shall file with the secretary of state its application	33734
for reinstatement, as provided by law, together with the proper	33735
reinstatement fee plus a forfeiture of fifteen per cent thereon.	33736

Upon the filing of such application and payment of such fees	33737
and penalties or forfeitures, the secretary of state shall issue	33738
to such corporation a license certificate.	33739

Sec. 1711.07. The board of directors of a county or	33740
independent agricultural society shall consist of at least eight	33741
members. An employee of the ~~Ohio state university~~OSU extension	33742
~~service~~ and the county school superintendent shall be members ex	33743
officio. Their terms of office shall be determined by the rules of	33744
the department of agriculture. Any vacancy in the board caused by	33745
death, resignation, refusal to qualify, removal from county, or	33746
other cause may be filled by the board until the society's next	33747
annual election, when a director shall be elected for the	33748
unexpired term. There shall be an annual election of directors by	33749
ballot at a time and a place fixed by the board, but this election	33750
shall not be held later than the first Saturday in December 1994,	33751
and not later than the fifteenth day of November each year	33752
thereafter, beginning in 1995. The secretary of the society shall	33753
give notice of ~~such~~the election, for three weeks prior to the	33754
holding thereof, in a newspaper of general circulation in the	33755
county or as provided in section 7.16 of the Revised Code, or by	33756
letter mailed to each member of the society. Only persons holding	33757
membership certificates at the close of the annual county fair, or	33758
at least fifteen calendar days before the date of election, as may	33759
be fixed by the board, may vote, unless ~~such~~the election is held	33760
on the fairground during the fair, in which case all persons	33761
holding membership certificates on the date and hour of the	33762
election may vote. When the election is to be held during the	33763
fair, notice of ~~such~~the election ~~must~~shall be prominently	33764
mentioned in the premium list, in addition to the notice required	33765
in a newspaper. The terms of office of the retiring directors	33766
shall expire, and those of the directors-elect shall begin, not	33767
later than the first Saturday in January 1995, and not later than	33768
the thirtieth day of November each year thereafter, beginning in	33769
1995.	33770

The secretary of ~~such~~the society shall send the name and	33771
address of each member of its board to the director of agriculture	33772
within ten days after the election.	33773

Sec. 1721.10. ~~Lands~~Except as otherwise provided in this	33774
section, lands appropriated and set apart as burial grounds,	33775
either for public or for private use, and recorded or filed as	33776
such in the office of the county recorder of the county where they	33777
are situated, and any burial ground that has been used as such for	33778
fifteen years are exempt from sale on execution on a judgment,	33779
taxation, dower, and compulsory partition; but land appropriated	33780
and set apart as a private burial ground is not so exempt if it	33781
exceeds in value the sum of fifty dollars.	33782

The lien for taxes against such burial grounds may be	33783
enforced in the same manner prescribed for abandoned lands under	33784
sections 323.65 to 323.79 of the Revised Code except that the	33785
burial ground may be transferred only to a municipal corporation,	33786
county, or township under division (D) of section 323.74 of the	33787
Revised Code. No burial ground that is otherwise exempt from sale	33788
or execution under this section shall be offered for sale at	33789
public auction.	33790

Sec. 1724.02. In furtherance of the purposes set forth in	33791
section 1724.01 of the Revised Code, a community improvement	33792
corporation shall have the following powers:	33793

(A)(1) To borrow money for any of the purposes of the	33794
community improvement corporation by means of loans, lines of	33795
credit, or any other financial instruments or securities,	33796
including the issuance of its bonds, debentures, notes, or other	33797
evidences of indebtedness, whether secured or unsecured, and to	33798
secure the same by mortgage, pledge, deed of trust, or other lien	33799
on its property, franchises, rights, and privileges of every kind	33800
and nature or any part thereof or interest therein; and	33801

(2) If the community improvement corporation is a county land	33802
reutilization corporation, the corporation may request, by	33803
resolution:	33804

(a) That the board of county commissioners of the county	33805
served by the corporation pledge a specifically identified source	33806
or sources of revenue pursuant to division (C) of section 307.78	33807
of the Revised Code as security for such borrowing by the	33808
corporation; and	33809

(b)(i) If the land subject to reutilization is located within	33810
an unincorporated area of the county, that the board of county	33811
commissioners issue notes under section 307.082 of the Revised	33812
Code for the purpose of constructing public infrastructure	33813
improvements and take other actions as the board determines are in	33814
the interest of the county and are authorized under sections	33815
5709.78 to 5709.81 of the Revised Code or bonds or notes under	33816
section 5709.81 of the Revised Code for the refunding purposes set	33817
forth in that section; or	33818

(ii) If the land subject to reutilization is located within	33819
the corporate boundaries of a municipal corporation, that the	33820
municipal corporation issue bonds for the purpose of constructing	33821
public infrastructure improvements and take such other actions as	33822
the municipal corporation determines are in its interest and are	33823
authorized under sections 5709.40 to 5709.43 of the Revised Code.	33824

(B) To make loans to any person, firm, partnership,	33825
corporation, joint stock company, association, or trust, and to	33826
establish and regulate the terms and conditions with respect to	33827
any such loans; provided that an economic development corporation	33828
shall not approve any application for a loan unless and until the	33829
person applying for said loan shows that the person has applied	33830
for the loan through ordinary banking or commercial channels and	33831
that the loan has been refused by at least one bank or other	33832
financial institution. Nothing in this division shall preclude a	33833
county land reutilization corporation from making revolving loans	33834
to community development corporations, private entities, or any	33835
person for the purposes contained in the corporation's plan under	33836
section 1724.10 of the Revised Code.	33837

(C) To purchase, receive, hold, manage, lease,	33838
lease-purchase, or otherwise acquire and to sell, convey,	33839
transfer, lease, sublease, or otherwise dispose of real and	33840
personal property, together with such rights and privileges as may	33841
be incidental and appurtenant thereto and the use thereof,	33842
including but not restricted to, any real or personal property	33843
acquired by the community improvement corporation from time to	33844
time in the satisfaction of debts or enforcement of obligations,	33845
and to enter into contracts with third parties, including the	33846
federal government, the state, any political subdivision, or any	33847
other entity. A county land reutilization corporation shall not	33848
acquire an interest in real property if such acquisition causes	33849
the percentage of unoccupied real property held by the corporation	33850
to become less than seventy-five per cent of all real property	33851
held by the corporation for reutilization, reclamation, or	33852
rehabilitation. For the purposes of this division, "unoccupied"	33853
has the same meaning as in section 323.65 of the Revised Code.	33854

(D) To acquire the good will, business, rights, real and	33855
personal property, and other assets, or any part thereof, or	33856
interest therein, of any persons, firms, partnerships,	33857
corporations, joint stock companies, associations, or trusts, and	33858
to assume, undertake, or pay the obligations, debts, and	33859
liabilities of any such person, firm, partnership, corporation,	33860
joint stock company, association, or trust; to acquire, reclaim,	33861
manage, or contract for the management of improved or unimproved	33862
and underutilized real estate for the purpose of constructing	33863
industrial plants, other business establishments, or housing	33864
thereon, or causing the same to occur, for the purpose of	33865
assembling and enhancing utilization of the real estate, or for	33866
the purpose of disposing of such real estate to others in whole or	33867
in part for the construction of industrial plants, other business	33868
establishments, or housing; and to acquire, reclaim, manage,	33869
contract for the management of, construct or reconstruct, alter,	33870
repair, maintain, operate, sell, convey, transfer, lease,	33871
sublease, or otherwise dispose of industrial plants, business	33872
establishments, or housing.	33873

(E) To acquire, subscribe for, own, hold, sell, assign,	33874
transfer, mortgage, pledge, or otherwise dispose of the stock,	33875
shares, bonds, debentures, notes, or other securities and	33876
evidences of interest in, or indebtedness of, any person, firm,	33877
corporation, joint stock company, association, or trust, and while	33878
the owner or holder thereof, to exercise all the rights, powers,	33879
and privileges of ownership, including the right to vote therein,	33880
provided that no tax revenue, if any, received by a community	33881
improvement corporation shall be used for such acquisition or	33882
subscription.	33883

(F) To mortgage, pledge, or otherwise encumber any property	33884
acquired pursuant to the powers contained in divisions (C), (D),	33885
or (E) of this section.	33886

(G) Nothing in this section shall limit the right of a	33887
community improvement corporation to become a member of or a	33888
stockholder in a corporation formed under Chapter 1726. of the	33889
Revised Code.	33890

(H) To serve as an agent for grant applications and for the	33891
administration of grants, or to make applications as principal for	33892
grants for county land reutilization corporations.	33893

(I) To exercise the powers enumerated under Chapter 5722. of	33894
the Revised Code on behalf of a county that organizes or contracts	33895
with a county land reutilization corporation.	33896

(J) To engage in code enforcement and nuisance abatement,	33897
including, but not limited to, cutting grass and weeds, boarding	33898
up vacant or abandoned structures, and demolishing condemned	33899
structures on properties that are subject to a delinquent tax or	33900
assessment lien, or property for which a municipal corporation or	33901
township has contracted with a county land reutilization	33902
corporation to provide code enforcement or nuisance abatement	33903
assistance.	33904

(K) To charge fees or exchange in-kind goods or services for	33905
services rendered to political subdivisions and other persons or	33906
entities for whom services are rendered.	33907

(L) To employ and provide compensation for an executive	33908
director who shall manage the operations of a county land	33909
reutilization corporation and employ others for the benefit of the	33910
corporation as approved and funded by the board of directors. No	33911
employee of the corporation is or shall be deemed to be an	33912
employee of the political subdivision for whose benefit the	33913
corporation is organized solely because the employee is employed	33914
by the corporation;.	33915

(M) To purchase tax certificates at auction, negotiated sale,	33916
or from a third party who purchased and is a holder of one or more	33917
tax certificates issued pursuant to sections 5721.30 to 5721.43 of	33918
the Revised Code;.	33919

(N) To be assigned a mortgage on real property from a	33920
mortgagee in lieu of acquiring such real property subject to a	33921
mortgage.	33922

(O) To do all acts and things necessary or convenient to	33923
carry out the purposes of section 1724.01 of the Revised Code and	33924
the powers especially created for a community improvement	33925
corporation in Chapter 1724. of the Revised Code, including, but	33926
not limited to, contracting with the federal government, the state	33927
or any political subdivision, a board of county commissioners	33928
pursuant to section 307.07 of the Revised Code, a county auditor	33929
pursuant to section 319.10 of the Revised Code, a county treasurer	33930
pursuant to section 321.49 of the Revised Code, and any other	33931
party, whether nonprofit or for-profit. An employee of a board of	33932
county commissioners, county auditor, or county treasurer who,	33933
pursuant to a contract entered into in accordance with section	33934
307.07, 319.10, or 321.49 of the Revised Code, provides services	33935
to a county land reutilization corporation shall remain an	33936
employee of the county during the provision of those services.	33937

The powers enumerated in this chapter shall not be construed	33938
to limit the general powers of a community improvement	33939
corporation. The powers granted under this chapter are in addition	33940
to those powers granted by any other chapter of the Revised Code,	33941
but, as to a county land reutilization corporation, shall be used	33942
only for the purposes enumerated under division (B)(2) of section	33943
1724.01 of the Revised Code.	33944

Sec. 1724.03. (A) After the articles of incorporation have	33945
been filed, and at the first meeting of the board of directors of	33946
a county land reutilization corporation, the board shall adopt	33947
regulations for the government of the corporation, the conduct of	33948
its affairs, and the management of its property, consistent with	33949
law and the articles. The content of the regulations shall be	33950
governed by section 1702.11 of the Revised Code to the extent not	33951
inconsistent with this chapter.	33952

(B) The board of directors of a county land reutilization	33953
corporation shall be composed of five, seven, or nine members,	33954
including the county treasurer, at least two of the members of the	33955
board of county commissioners, one representative of the largest	33956
municipal corporation, based on the population according to the	33957
most recent federal decennial census, that is located in the	33958
county, one representative of a township with a population of at	33959
least ten thousand in the unincorporated area of the township	33960
according to the most recent federal decennial census, if at least	33961
two such townships exist in the county, and any remaining members	33962
selected by the treasurer and the county commissioners who are	33963
members of the corporation's board. The township representative	33964
shall be chosen by a majority of the boards of township trustees	33965
of townships with a population of at least ten thousand in the	33966
unincorporated area of the township according to the most recent	33967
federal decennial census. At least one board member shall have	33968
private sector or nonprofit experience in rehabilitation or real	33969
estate acquisitions. A county treasurer and the county	33970
commissioners each may appoint a representative, as a director of	33971
the corporation, to act for the officer at any of the meetings of	33972
the corporation. Except as may otherwise be authorized by the	33973
regulations of the corporation, all members of the board of	33974
directors shall serve without compensation, but shall be	33975
reimbursed for actual and necessary expenses.	33976

Sec. 1739.061. (A)(1) This section applies to both of the	33977
following:	33978

(a) A multiple employer welfare arrangement that issues or	33979
requires the use of a standardized identification card or an	33980
electronic technology for submission and routing of prescription	33981
drug claims;	33982

(b) A person or entity that a multiple employer welfare	33983
arrangement contracts with to issue a standardized identification	33984
card or an electronic technology described in division (A)(1)(a)	33985
of this section.	33986

(2) Notwithstanding division (A)(1) of this section, this	33987
section does not apply to the issuance or required use of a	33988
standardized identification card or an electronic technology for	33989
the submission and routing of prescription drug claims in	33990
connection with any of the following:	33991

(a) Any program or arrangement covering only accident,	33992
credit, dental, disability income, long-term care, hospital	33993
indemnity, medicare supplement, medicare, tricare, specified	33994
disease, or vision care; coverage under a	33995
one-time-limited-duration policy of not longer than six months;	33996
coverage issued as a supplement to liability insurance; insurance	33997
arising out of workers' compensation or similar law; automobile	33998
medical payment insurance; or insurance under which benefits are	33999
payable with or without regard to fault and which is statutorily	34000
required to be contained in any liability insurance policy or	34001
equivalent self-insurance.	34002

(b) Coverage provided under the medicaid~~, as defined in~~	34003
~~section 5111.01 of the Revised Code~~program.	34004

(c) Coverage provided under an employer's self-insurance plan	34005
or by any of its administrators, as defined in section 3959.01 of	34006
the Revised Code, to the extent that federal law supersedes,	34007
preempts, prohibits, or otherwise precludes the application of	34008
this section to the plan and its administrators.	34009

(B) A standardized identification card or an electronic	34010
technology issued or required to be used as provided in division	34011
(A)(1) of this section shall contain uniform prescription drug	34012
information in accordance with either division (B)(1) or (2) of	34013
this section.	34014

(1) The standardized identification card or the electronic	34015
technology shall be in a format and contain information fields	34016
approved by the national council for prescription drug programs or	34017
a successor organization, as specified in the council's or	34018
successor organization's pharmacy identification card	34019
implementation guide in effect on the first day of October most	34020
immediately preceding the issuance or required use of the	34021
standardized identification card or the electronic technology.	34022

(2) If the multiple employer welfare arrangement or person	34023
under contract with it to issue a standardized identification card	34024
or an electronic technology requires the information for the	34025
submission and routing of a claim, the standardized identification	34026
card or the electronic technology shall contain any of the	34027
following information:	34028

(a) The name of the multiple employer welfare arrangement;

34029

(b) The individual's name, group number, and identification	34030
number;	34031

(c) A telephone number to inquire about pharmacy-related	34032
issues;	34033

(d) The issuer's international identification number, labeled	34034
as "ANSI BIN" or "RxBIN";	34035

(e) The processor's control number, labeled as "RxPCN";

34036

(f) The individual's pharmacy benefits group number if	34037
different from the insured's medical group number, labeled as	34038
"RxGrp."	34039

(C) If the standardized identification card or the electronic	34040
technology issued or required to be used as provided in division	34041
(A)(1) of this section is also used for submission and routing of	34042
nonpharmacy claims, the designation "Rx" is required to be	34043
included as part of the labels identified in divisions (B)(2)(d)	34044
and (e) of this section if the issuer's international	34045
identification number or the processor's control number is	34046
different for medical and pharmacy claims.	34047

(D) Each multiple employer welfare arrangement described in	34048
division (A) of this section shall annually file a certificate	34049
with the superintendent of insurance certifying that it or any	34050
person it contracts with to issue a standardized identification	34051
card or electronic technology for submission and routing of	34052
prescription drug claims complies with this section.	34053

(E)(1) Except as provided in division (E)(2) of this section,	34054
if there is a change in the information contained in the	34055
standardized identification card or the electronic technology	34056
issued to an individual, the multiple employer welfare arrangement	34057
or person under contract with it to issue a standardized	34058
identification card or an electronic technology shall issue a new	34059
card or electronic technology to the individual.	34060

(2) A multiple employer welfare arrangement or person under	34061
contract with it is not required under division (E)(1) of this	34062
section to issue a new card or electronic technology to an	34063
individual more than once during a twelve-month period.	34064

(F) Nothing in this section shall be construed as requiring a	34065
multiple employer welfare arrangement to produce more than one	34066
standardized identification card or one electronic technology for	34067
use by individuals accessing health care benefits provided under a	34068
multiple employer welfare arrangement.	34069

Sec. 1751.01. As used in this chapter:

34070

(A)(1) "Basic health care services" means the following	34071
services when medically necessary:	34072

(a) Physician's services, except when such services are	34073
supplemental under division (B) of this section;	34074

(b) Inpatient hospital services;

34075

34076

(d) Emergency health services;

34077

(e) Urgent care services;

34078

(f) Diagnostic laboratory services and diagnostic and	34079
therapeutic radiologic services;	34080

(g) Diagnostic and treatment services, other than	34081
prescription drug services, for biologically based mental	34082
illnesses;	34083

(h) Preventive health care services, including, but not	34084
limited to, voluntary family planning services, infertility	34085
services, periodic physical examinations, prenatal obstetrical	34086
care, and well-child care;	34087

(i) Routine patient care for patients enrolled in an eligible	34088
cancer clinical trial pursuant to section 3923.80 of the Revised	34089
Code.	34090

"Basic health care services" does not include experimental	34091
procedures.	34092

Except as provided by divisions (A)(2) and (3) of this	34093
section in connection with the offering of coverage for diagnostic	34094
and treatment services for biologically based mental illnesses, a	34095
health insuring corporation shall not offer coverage for a health	34096
care service, defined as a basic health care service by this	34097
division, unless it offers coverage for all listed basic health	34098
care services. However, this requirement does not apply to the	34099
coverage of beneficiaries enrolled in medicare pursuant to a	34100
medicare contract, or to the coverage of beneficiaries enrolled in	34101
the federal employee health benefits program pursuant to 5	34102
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to	34103
the coverage of beneficiaries under any federal health care	34104
program regulated by a federal regulatory body, or to the coverage	34105
of beneficiaries under any contract covering officers or employees	34106
of the state that has been entered into by the department of	34107
administrative services.	34108

(2) A health insuring corporation may offer coverage for	34109
diagnostic and treatment services for biologically based mental	34110
illnesses without offering coverage for all other basic health	34111
care services. A health insuring corporation may offer coverage	34112
for diagnostic and treatment services for biologically based	34113
mental illnesses alone or in combination with one or more	34114
supplemental health care services. However, a health insuring	34115
corporation that offers coverage for any other basic health care	34116
service shall offer coverage for diagnostic and treatment services	34117
for biologically based mental illnesses in combination with the	34118
offer of coverage for all other listed basic health care services.	34119

(3) A health insuring corporation that offers coverage for	34120
basic health care services is not required to offer coverage for	34121
diagnostic and treatment services for biologically based mental	34122
illnesses in combination with the offer of coverage for all other	34123
listed basic health care services if all of the following apply:	34124

(a) The health insuring corporation submits documentation	34125
certified by an independent member of the American academy of	34126
actuaries to the superintendent of insurance showing that incurred	34127
claims for diagnostic and treatment services for biologically	34128
based mental illnesses for a period of at least six months	34129
independently caused the health insuring corporation's costs for	34130
claims and administrative expenses for the coverage of basic	34131
health care services to increase by more than one per cent per	34132
year.	34133

(b) The health insuring corporation submits a signed letter	34134
from an independent member of the American academy of actuaries to	34135
the superintendent of insurance opining that the increase in costs	34136
described in division (A)(3)(a) of this section could reasonably	34137
justify an increase of more than one per cent in the annual	34138
premiums or rates charged by the health insuring corporation for	34139
the coverage of basic health care services.	34140

(c) The superintendent of insurance makes the following	34141
determinations from the documentation and opinion submitted	34142
pursuant to divisions (A)(3)(a) and (b) of this section:	34143

(i) Incurred claims for diagnostic and treatment services for	34144
biologically based mental illnesses for a period of at least six	34145
months independently caused the health insuring corporation's	34146
costs for claims and administrative expenses for the coverage of	34147
basic health care services to increase by more than one per cent	34148
per year.	34149

(ii) The increase in costs reasonably justifies an increase	34150
of more than one per cent in the annual premiums or rates charged	34151
by the health insuring corporation for the coverage of basic	34152
health care services.	34153

Any determination made by the superintendent under this	34154
division is subject to Chapter 119. of the Revised Code.	34155

(B)(1) "Supplemental health care services" means any health	34156
care services other than basic health care services that a health	34157
insuring corporation may offer, alone or in combination with	34158
either basic health care services or other supplemental health	34159
care services, and includes:	34160

(a) Services of facilities for intermediate or long-term	34161
care, or both;	34162

(b) Dental care services;

34163

(c) Vision care and optometric services including lenses and	34164
frames;	34165

(d) Podiatric care or foot care services;

34166

(e) Mental health services, excluding diagnostic and	34167
treatment services for biologically based mental illnesses;	34168

(f) Short-term outpatient evaluative and crisis-intervention	34169
mental health services;	34170

(g) Medical or psychological treatment and referral services	34171
for alcohol and drug abuse or addiction;	34172

(h) Home health services;

34173

(i) Prescription drug services;

34174

(j) Nursing services;

34175

(k) Services of a dietitian licensed under Chapter 4759. of	34176
the Revised Code;	34177

(l) Physical therapy services;

34178

(m) Chiropractic services;

34179

(n) Any other category of services approved by the	34180
superintendent of insurance.	34181

(2) If a health insuring corporation offers prescription drug	34182
services under this division, the coverage shall include	34183
prescription drug services for the treatment of biologically based	34184
mental illnesses on the same terms and conditions as other	34185
physical diseases and disorders.	34186

(C) "Specialty health care services" means one of the	34187
supplemental health care services listed in division (B) of this	34188
section, when provided by a health insuring corporation on an	34189
outpatient-only basis and not in combination with other	34190
supplemental health care services.	34191

(D) "Biologically based mental illnesses" means	34192
schizophrenia, schizoaffective disorder, major depressive	34193
disorder, bipolar disorder, paranoia and other psychotic	34194
disorders, obsessive-compulsive disorder, and panic disorder, as	34195
these terms are defined in the most recent edition of the	34196
diagnostic and statistical manual of mental disorders published by	34197
the American psychiatric association.	34198

(E) "Closed panel plan" means a health care plan that	34199
requires enrollees to use participating providers.	34200

(F) "Compensation" means remuneration for the provision of	34201
health care services, determined on other than a fee-for-service	34202
or discounted-fee-for-service basis.	34203

(G) "Contractual periodic prepayment" means the formula for	34204
determining the premium rate for all subscribers of a health	34205
insuring corporation.	34206

(H) "Corporation" means a corporation formed under Chapter	34207
1701. or 1702. of the Revised Code or the similar laws of another	34208
state.	34209

(I) "Emergency health services" means those health care	34210
services that must be available on a seven-days-per-week,	34211
twenty-four-hours-per-day basis in order to prevent jeopardy to an	34212
enrollee's health status that would occur if such services were	34213
not received as soon as possible, and includes, where appropriate,	34214
provisions for transportation and indemnity payments or service	34215
agreements for out-of-area coverage.	34216

(J) "Enrollee" means any natural person who is entitled to	34217
receive health care benefits provided by a health insuring	34218
corporation.	34219

(K) "Evidence of coverage" means any certificate, agreement,	34220
policy, or contract issued to a subscriber that sets out the	34221
coverage and other rights to which such person is entitled under a	34222
health care plan.	34223

(L) "Health care facility" means any facility, except a	34224
health care practitioner's office, that provides preventive,	34225
diagnostic, therapeutic, acute convalescent, rehabilitation,	34226
mental health, mental retardation, intermediate care, or skilled	34227
nursing services.	34228

(M) "Health care services" means basic, supplemental, and	34229
specialty health care services.	34230

(N) "Health delivery network" means any group of providers or	34231
health care facilities, or both, or any representative thereof,	34232
that have entered into an agreement to offer health care services	34233
in a panel rather than on an individual basis.	34234

(O) "Health insuring corporation" means a corporation, as	34235
defined in division (H) of this section, that, pursuant to a	34236
policy, contract, certificate, or agreement, pays for, reimburses,	34237
or provides, delivers, arranges for, or otherwise makes available,	34238
basic health care services, supplemental health care services, or	34239
specialty health care services, or a combination of basic health	34240
care services and either supplemental health care services or	34241
specialty health care services, through either an open panel plan	34242
or a closed panel plan.	34243

"Health insuring corporation" does not include a limited	34244
liability company formed pursuant to Chapter 1705. of the Revised	34245
Code, an insurer licensed under Title XXXIX of the Revised Code if	34246
that insurer offers only open panel plans under which all	34247
providers and health care facilities participating receive their	34248
compensation directly from the insurer, a corporation formed by or	34249
on behalf of a political subdivision or a department, office, or	34250
institution of the state, or a public entity formed by or on	34251
behalf of a board of county commissioners, a county board of	34252
developmental disabilities, an alcohol and drug addiction services	34253
board, a board of alcohol, drug addiction, and mental health	34254
services, or a community mental health board, as those terms are	34255
used in Chapters 340. and 5126. of the Revised Code. Except as	34256
provided by division (D) of section 1751.02 of the Revised Code,	34257
or as otherwise provided by law, no board, commission, agency, or	34258
other entity under the control of a political subdivision may	34259
accept insurance risk in providing for health care services.	34260
However, nothing in this division shall be construed as	34261
prohibiting such entities from purchasing the services of a health	34262
insuring corporation or a third-party administrator licensed under	34263
Chapter 3959. of the Revised Code.	34264

(P) "Intermediary organization" means a health delivery	34265
network or other entity that contracts with licensed health	34266
insuring corporations or self-insured employers, or both, to	34267
provide health care services, and that enters into contractual	34268
arrangements with other entities for the provision of health care	34269
services for the purpose of fulfilling the terms of its contracts	34270
with the health insuring corporations and self-insured employers.	34271

(Q) "Intermediate care" means residential care above the	34272
level of room and board for patients who require personal	34273
assistance and health-related services, but who do not require	34274
skilled nursing care.	34275

(R) ~~"Medicaid" has the same meaning as in section 5111.01 of~~	34276
~~the Revised Code.~~	34277

~~(S)~~ "Medical record" means the personal information that	34278
relates to an individual's physical or mental condition, medical	34279
history, or medical treatment.	34280

~~(T) "Medicare" means the program established under Title~~	34281
~~XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.~~	34282
~~1395, as amended.~~	34283

~~(U)~~(S)(1) "Open panel plan" means a health care plan that	34284
provides incentives for enrollees to use participating providers	34285
and that also allows enrollees to use providers that are not	34286
participating providers.	34287

(2) No health insuring corporation may offer an open panel	34288
plan, unless the health insuring corporation is also licensed as	34289
an insurer under Title XXXIX of the Revised Code, the health	34290
insuring corporation, on June 4, 1997, holds a certificate of	34291
authority or license to operate under Chapter 1736. or 1740. of	34292
the Revised Code, or an insurer licensed under Title XXXIX of the	34293
Revised Code is responsible for the out-of-network risk as	34294
evidenced by both an evidence of coverage filing under section	34295
1751.11 of the Revised Code and a policy and certificate filing	34296
under section 3923.02 of the Revised Code.	34297

~~(V)~~(T) "Osteopathic hospital" means a hospital registered	34298
under section 3701.07 of the Revised Code that advocates	34299
osteopathic principles and the practice and perpetuation of	34300
osteopathic medicine by doing any of the following:	34301

(1) Maintaining a department or service of osteopathic	34302
medicine or a committee on the utilization of osteopathic	34303
principles and methods, under the supervision of an osteopathic	34304
physician;	34305

(2) Maintaining an active medical staff, the majority of	34306
which is comprised of osteopathic physicians;	34307

(3) Maintaining a medical staff executive committee that has	34308
osteopathic physicians as a majority of its members.	34309

~~(W)~~(U) "Panel" means a group of providers or health care	34310
facilities that have joined together to deliver health care	34311
services through a contractual arrangement with a health insuring	34312
corporation, employer group, or other payor.	34313

~~(X)~~(V) "Person" has the same meaning as in section 1.59 of	34314
the Revised Code, and, unless the context otherwise requires,	34315
includes any insurance company holding a certificate of authority	34316
under Title XXXIX of the Revised Code, any subsidiary and	34317
affiliate of an insurance company, and any government agency.	34318

~~(Y)~~(W) "Premium rate" means any set fee regularly paid by a	34319
subscriber to a health insuring corporation. A "premium rate" does	34320
not include a one-time membership fee, an annual administrative	34321
fee, or a nominal access fee, paid to a managed health care system	34322
under which the recipient of health care services remains solely	34323
responsible for any charges accessed for those services by the	34324
provider or health care facility.	34325

~~(Z)~~(X) "Primary care provider" means a provider that is	34326
designated by a health insuring corporation to supervise,	34327
coordinate, or provide initial care or continuing care to an	34328
enrollee, and that may be required by the health insuring	34329
corporation to initiate a referral for specialty care and to	34330
maintain supervision of the health care services rendered to the	34331
enrollee.	34332

~~(AA)~~(Y) "Provider" means any natural person or partnership of	34333
natural persons who are licensed, certified, accredited, or	34334
otherwise authorized in this state to furnish health care	34335
services, or any professional association organized under Chapter	34336
1785. of the Revised Code, provided that nothing in this chapter	34337
or other provisions of law shall be construed to preclude a health	34338
insuring corporation, health care practitioner, or organized	34339
health care group associated with a health insuring corporation	34340
from employing certified nurse practitioners, certified nurse	34341
anesthetists, clinical nurse specialists, certified nurse	34342
midwives, dietitians, physician assistants, dental assistants,	34343
dental hygienists, optometric technicians, or other allied health	34344
personnel who are licensed, certified, accredited, or otherwise	34345
authorized in this state to furnish health care services.	34346

~~(BB)~~(Z) "Provider sponsored organization" means a	34347
corporation, as defined in division (H) of this section, that is	34348
at least eighty per cent owned or controlled by one or more	34349
hospitals, as defined in section 3727.01 of the Revised Code, or	34350
one or more physicians licensed to practice medicine or surgery or	34351
osteopathic medicine and surgery under Chapter 4731. of the	34352
Revised Code, or any combination of such physicians and hospitals.	34353
Such control is presumed to exist if at least eighty per cent of	34354
the voting rights or governance rights of a provider sponsored	34355
organization are directly or indirectly owned, controlled, or	34356
otherwise held by any combination of the physicians and hospitals	34357
described in this division.	34358

~~(CC)~~(AA) "Solicitation document" means the written materials	34359
provided to prospective subscribers or enrollees, or both, and	34360
used for advertising and marketing to induce enrollment in the	34361
health care plans of a health insuring corporation.	34362

~~(DD)~~(BB) "Subscriber" means a person who is responsible for	34363
making payments to a health insuring corporation for participation	34364
in a health care plan, or an enrollee whose employment or other	34365
status is the basis of eligibility for enrollment in a health	34366
insuring corporation.	34367

~~(EE)~~(CC) "Urgent care services" means those health care	34368
services that are appropriately provided for an unforeseen	34369
condition of a kind that usually requires medical attention	34370
without delay but that does not pose a threat to the life, limb,	34371
or permanent health of the injured or ill person, and may include	34372
such health care services provided out of the health insuring	34373
corporation's approved service area pursuant to indemnity payments	34374
or service agreements.	34375

Sec. 1751.11. (A) Every subscriber of a health insuring	34376
corporation is entitled to an evidence of coverage for the health	34377
care plan under which health care benefits are provided.	34378

(B) Every subscriber of a health insuring corporation that	34379
offers basic health care services is entitled to an identification	34380
card or similar document that specifies the health insuring	34381
corporation's name as stated in its articles of incorporation, and	34382
any trade or fictitious names used by the health insuring	34383
corporation. The identification card or document shall list at	34384
least one toll-free telephone number that provides the subscriber	34385
with access, to information on a twenty-four-hours-per-day,	34386
seven-days-per-week basis, as to how health care services may be	34387
obtained. The identification card or document shall also list at	34388
least one toll-free number that, during normal business hours,	34389
provides the subscriber with access to information on the coverage	34390
available under the subscriber's health care plan and information	34391
on the health care plan's internal and external review processes.	34392

(C) No evidence of coverage, or amendment to the evidence of	34393
coverage, shall be delivered, issued for delivery, renewed, or	34394
used, until the form of the evidence of coverage or amendment has	34395
been filed by the health insuring corporation with the	34396
superintendent of insurance. If the superintendent does not	34397
disapprove the evidence of coverage or amendment within sixty days	34398
after it is filed it shall be deemed approved, unless the	34399
superintendent sooner gives approval for the evidence of coverage	34400
or amendment. With respect to an amendment to an approved evidence	34401
of coverage, the superintendent only may disapprove provisions	34402
amended or added to the evidence of coverage. If the	34403
superintendent determines within the sixty-day period that any	34404
evidence of coverage or amendment fails to meet the requirements	34405
of this section, the superintendent shall so notify the health	34406
insuring corporation and it shall be unlawful for the health	34407
insuring corporation to use such evidence of coverage or	34408
amendment. At any time, the superintendent, upon at least thirty	34409
days' written notice to a health insuring corporation, may	34410
withdraw an approval, deemed or actual, of any evidence of	34411
coverage or amendment on any of the grounds stated in this	34412
section. Such disapproval shall be effected by a written order,	34413
which shall state the grounds for disapproval and shall be issued	34414
in accordance with Chapter 119. of the Revised Code.	34415

(D) No evidence of coverage or amendment shall be delivered,	34416
issued for delivery, renewed, or used:	34417

(1) If it contains provisions or statements that are	34418
inequitable, untrue, misleading, or deceptive;	34419

(2) Unless it contains a clear, concise, and complete	34420
statement of the following:	34421

(a) The health care services and insurance or other benefits,	34422
if any, to which an enrollee is entitled under the health care	34423
plan;	34424

(b) Any exclusions or limitations on the health care	34425
services, type of health care services, benefits, or type of	34426
benefits to be provided, including copayments and deductibles;	34427

(c) An enrollee's personal financial obligation for	34428
noncovered services;	34429

(d) Where and in what manner general information and	34430
information as to how health care services may be obtained is	34431
available, including a toll-free telephone number;	34432

(e) The premium rate with respect to individual and	34433
conversion contracts, and relevant copayment and deductible	34434
provisions with respect to all contracts. The statement of the	34435
premium rate, however, may be contained in a separate insert.	34436

(f) The method utilized by the health insuring corporation	34437
for resolving enrollee complaints;	34438

(g) The utilization review, internal review, and external	34439
review procedures established under sections 1751.77 to 1751.83	34440
and Chapter 3922. of the Revised Code.	34441

(3) Unless it provides for the continuation of an enrollee's	34442
coverage, in the event that the enrollee's coverage under the	34443
group policy, contract, certificate, or agreement terminates while	34444
the enrollee is receiving inpatient care in a hospital. This	34445
continuation of coverage shall terminate at the earliest	34446
occurrence of any of the following:	34447

(a) The enrollee's discharge from the hospital;

34448

(b) The determination by the enrollee's attending physician	34449
that inpatient care is no longer medically indicated for the	34450
enrollee; however, nothing in division (D)(3)(b) of this section	34451
precludes a health insuring corporation from engaging in	34452
utilization review as described in the evidence of coverage.	34453

(c) The enrollee's reaching the limit for contractual	34454
benefits;	34455

(d) The effective date of any new coverage.

34456

(4) Unless it contains a provision that states, in substance,	34457
that the health insuring corporation is not a member of any	34458
guaranty fund, and that in the event of the health insuring	34459
corporation's insolvency, an enrollee is protected only to the	34460
extent that the hold harmless provision required by section	34461
1751.13 of the Revised Code applies to the health care services	34462
rendered;	34463

(5) Unless it contains a provision that states, in substance,	34464
that in the event of the insolvency of the health insuring	34465
corporation, an enrollee may be financially responsible for health	34466
care services rendered by a provider or health care facility that	34467
is not under contract to the health insuring corporation, whether	34468
or not the health insuring corporation authorized the use of the	34469
provider or health care facility.	34470

(E) Notwithstanding divisions (C) and (D) of this section, a	34471
health insuring corporation may use an evidence of coverage that	34472
provides for the coverage of beneficiaries enrolled in medicare	34473
pursuant to a medicare contract, or an evidence of coverage that	34474
provides for the coverage of beneficiaries enrolled in the federal	34475
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	34476
an evidence of coverage that provides for the coverage of medicaid	34477
recipients, or an evidence of coverage that provides for the	34478
coverage of beneficiaries under any other federal health care	34479
program regulated by a federal regulatory body, or an evidence of	34480
coverage that provides for the coverage of beneficiaries under any	34481
contract covering officers or employees of the state that has been	34482
entered into by the department of administrative services, if both	34483
of the following apply:	34484

(1) The evidence of coverage has been approved by the United	34485
States department of health and human services, the United States	34486
office of personnel management, the ~~Ohio~~ department of ~~job and~~	34487
~~family services~~medicaid, or the department of administrative	34488
services.	34489

(2) The evidence of coverage is filed with the superintendent	34490
of insurance prior to use and is accompanied by documentation of	34491
approval from the United States department of health and human	34492
services, the United States office of personnel management, the	34493
~~Ohio~~ department of ~~job and family services~~medicaid, or the	34494
department of administrative services.	34495

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	34496
no premium rate for nongroup and conversion policies for health	34497
care services, or any amendment to them, may be used by any health	34498
insuring corporation at any time until the contractual periodic	34499
prepayment and premium rate, or amendment, have been filed with	34500
the superintendent of insurance, and shall not be effective until	34501
the expiration of sixty days after their filing unless the	34502
superintendent sooner gives approval. The filing shall be	34503
accompanied by an actuarial certification in the form prescribed	34504
by the superintendent. The superintendent shall disapprove the	34505
filing, if the superintendent determines within the sixty-day	34506
period that the contractual periodic prepayment or premium rate,	34507
or amendment, is not in accordance with sound actuarial principles	34508
or is not reasonably related to the applicable coverage and	34509
characteristics of the applicable class of enrollees. The	34510
superintendent shall notify the health insuring corporation of the	34511
disapproval, and it shall thereafter be unlawful for the health	34512
insuring corporation to use the contractual periodic prepayment or	34513
premium rate, or amendment.	34514

(2) No contractual periodic prepayment for group policies for	34515
health care services shall be used until the contractual periodic	34516
prepayment has been filed with the superintendent. The filing	34517
shall be accompanied by an actuarial certification in the form	34518
prescribed by the superintendent. The superintendent may reject a	34519
filing made under division (A)(2) of this section at any time,	34520
with at least thirty days' written notice to a health insuring	34521
corporation, if the contractual periodic prepayment is not in	34522
accordance with sound actuarial principles or is not reasonably	34523
related to the applicable coverage and characteristics of the	34524
applicable class of enrollees.	34525

(3) At any time, the superintendent, upon at least thirty	34526
days' written notice to a health insuring corporation, may	34527
withdraw the approval given under division (A)(1) of this section,	34528
deemed or actual, of any contractual periodic prepayment or	34529
premium rate, or amendment, based on information that either of	34530
the following applies:	34531

(a) The contractual periodic prepayment or premium rate, or	34532
amendment, is not in accordance with sound actuarial principles.	34533

(b) The contractual periodic prepayment or premium rate, or	34534
amendment, is not reasonably related to the applicable coverage	34535
and characteristics of the applicable class of enrollees.	34536

(4) Any disapproval under division (A)(1) of this section,	34537
any rejection of a filing made under division (A)(2) of this	34538
section, or any withdrawal of approval under division (A)(3) of	34539
this section, shall be effected by a written notice, which shall	34540
state the specific basis for the disapproval, rejection, or	34541
withdrawal and shall be issued in accordance with Chapter 119. of	34542
the Revised Code.	34543

(B) Notwithstanding division (A) of this section, a health	34544
insuring corporation may use a contractual periodic prepayment or	34545
premium rate for policies used for the coverage of beneficiaries	34546
enrolled in medicare pursuant to a medicare risk contract or	34547
medicare cost contract, or for policies used for the coverage of	34548
beneficiaries enrolled in the federal employees health benefits	34549
program pursuant to 5 U.S.C.A. 8905, or for policies used for the	34550
coverage of medicaid recipients, or for policies used for the	34551
coverage of beneficiaries under any other federal health care	34552
program regulated by a federal regulatory body, or for policies	34553
used for the coverage of beneficiaries under any contract covering	34554
officers or employees of the state that has been entered into by	34555
the department of administrative services, if both of the	34556
following apply:	34557

(1) The contractual periodic prepayment or premium rate has	34558
been approved by the United States department of health and human	34559
services, the United States office of personnel management, the	34560
department of ~~job and family services~~medicaid, or the department	34561
of administrative services.	34562

(2) The contractual periodic prepayment or premium rate is	34563
filed with the superintendent prior to use and is accompanied by	34564
documentation of approval from the United States department of	34565
health and human services, the United States office of personnel	34566
management, the department of ~~job and family services~~medicaid, or	34567
the department of administrative services.	34568

(C) The administrative expense portion of all contractual	34569
periodic prepayment or premium rate filings submitted to the	34570
superintendent for review must reflect the actual cost of	34571
administering the product. The superintendent may require that the	34572
administrative expense portion of the filings be itemized and	34573
supported.	34574

(D)(1) Copayments must be reasonable and must not be a	34575
barrier to the necessary utilization of services by enrollees.	34576

(2) A health insuring corporation, in order to ensure that	34577
copayments are reasonable and not a barrier to the necessary	34578
utilization of basic health care services by enrollees, may do one	34579
of the following:	34580

(a) Impose copayment charges on any single covered basic	34581
health care service that does not exceed forty per cent of the	34582
average cost to the health insuring corporation of providing the	34583
service;	34584

(b) Impose copayment charges that annually do not exceed	34585
twenty per cent of the total annual cost to the health insuring	34586
corporation of providing all covered basic health care services,	34587
including physician office visits, urgent care services, and	34588
emergency health services, when aggregated as to all persons	34589
covered under the filed product in question. In addition, annual	34590
copayment charges as to each enrollee shall not exceed twenty per	34591
cent of the total annual cost to the health insuring corporation	34592
of providing all covered basic health care services, including	34593
physician office visits, urgent care services, and emergency	34594
health services, as to such enrollee. The total annual cost of	34595
providing a health care service is the cost to the health insuring	34596
corporation of providing the health care service to its enrollees	34597
as reduced by any applicable provider discount.	34598

(3) To ensure that copayments are reasonable and not a	34599
barrier to the utilization of basic health care services, a health	34600
insuring corporation may not impose, in any contract year, on any	34601
subscriber or enrollee, copayments that exceed two hundred per	34602
cent of the average annual premium rate to subscribers or	34603
enrollees.	34604

(4) For purposes of division (D) of this section, both of the	34605
following apply:	34606

(a) Copayments imposed by health insuring corporations in	34607
connection with a high deductible health plan that is linked to a	34608
health savings account are reasonable and are not a barrier to the	34609
necessary utilization of services by enrollees.	34610

(b) Divisions (D)(2) and (3) of this section do not apply to	34611
a high deductible health plan that is linked to a health savings	34612
account.	34613

(E) A health insuring corporation shall not impose lifetime	34614
maximums on basic health care services. However, a health insuring	34615
corporation may establish a benefit limit for inpatient hospital	34616
services that are provided pursuant to a policy, contract,	34617
certificate, or agreement for supplemental health care services.	34618

(F) A health insuring corporation may require that an	34619
enrollee pay an annual deductible that does not exceed one	34620
thousand dollars per enrollee or two thousand dollars per family,	34621
except that:	34622

(1) A health insuring corporation may impose higher	34623
deductibles for high deductible health plans that are linked to	34624
health savings accounts;	34625

(2) The superintendent may adopt rules allowing different	34626
annual deductible amounts for plans with a medical savings	34627
account, health reimbursement arrangement, flexible spending	34628
account, or similar account;	34629

(3) A health insuring corporation may impose higher	34630
deductibles under health plans if requested by the group contract,	34631
policy, certificate, or agreement holder, or an individual seeking	34632
coverage under an individual health plan. This shall not be	34633
construed as requiring the health insuring corporation to create	34634
customized health plans for group contract holders or individuals.	34635

(G) As used in this section, "health savings account" and	34636
"high deductible health plan" have the same meanings as in the	34637
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	34638
amended.	34639

Sec. 1751.14. (A) Notwithstanding section 3901.71 of the	34640
Revised Code, any policy, contract, or agreement for health care	34641
services authorized by this chapter that is issued, delivered, or	34642
renewed in this state and that provides that coverage of an	34643
unmarried dependent child will terminate upon attainment of the	34644
limiting age for dependent children specified in the policy,	34645
contract, or agreement, shall also provide in substance both of	34646
the following:	34647

(1) Once an unmarried child has attained the limiting age for	34648
dependent children, as provided in the policy, contract, or	34649
agreement, upon the request of the subscriber, the health insuring	34650
corporation shall offer to cover the unmarried child until the	34651
child attains twenty-eight years of age if all of the following	34652
are true:	34653

(a) The child is the natural child, stepchild, or adopted	34654
child of the subscriber.	34655

(b) The child is a resident of this state or a full-time	34656
student at an accredited public or private institution of higher	34657
education.	34658

(c) The child is not employed by an employer that offers any	34659
health benefit plan under which the child is eligible for	34660
coverage.	34661

(d) The child is not eligible for coverage under the medicaid	34662
program ~~established under Chapter 5111. of the Revised Code~~ or the	34663
medicare program ~~established under Title XVIII of the "Social~~	34664
~~Security Act," 42 U.S.C. 1395~~.	34665

(2) That attainment of the limiting age for dependent	34666
children shall not operate to terminate the coverage of a	34667
dependent child if the child is and continues to be both of the	34668
following:	34669

(a) Incapable of self-sustaining employment by reason of	34670
mental retardation or physical handicap;	34671

(b) Primarily dependent upon the subscriber for support and	34672
maintenance.	34673

(B) Proof of incapacity and dependence for purposes of	34674
division (A)(2) of this section shall be furnished to the health	34675
insuring corporation within thirty-one days of the child's	34676
attainment of the limiting age. Upon request, but not more	34677
frequently than annually, the health insuring corporation may	34678
require proof satisfactory to it of the continuance of such	34679
incapacity and dependency.	34680

34681

(1) Require that any policy, contract, or agreement offer	34682
coverage for dependent children or provide coverage for an	34683
unmarried dependent child's children as dependents on the policy,	34684
contract, or agreement;	34685

(2) Require an employer to pay for any part of the premium	34686
for an unmarried dependent child that has attained the limiting	34687
age for dependents, as provided in the policy, contract, or	34688
agreement;	34689

(3) Require an employer to offer health insurance coverage to	34690
the dependents of any employee.	34691

(D) This section does not apply to any health insuring	34692
corporation policy, contract, or agreement offering only	34693
supplemental health care services or specialty health care	34694
services.	34695

(E) As used in this section, "health benefit plan" has the	34696
same meaning as in section 3924.01 of the Revised Code and also	34697
includes both of the following:	34698

(1) A public employee benefit plan;

34699

(2) A health benefit plan as regulated under the "Employee	34700
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	34701

Sec. 1751.271. (A) Each health insuring corporation that	34702
provides coverage to medicaid recipients shall post a performance	34703
bond in the amount of three million dollars as security to fulfill	34704
the obligations of the health insuring corporation to pay claims	34705
of contracted providers for covered health care services provided	34706
to medicaid recipients. The bond shall be payable to the	34707
department of insurance in the event that the health insuring	34708
corporation is placed in rehabilitation or liquidation proceedings	34709
under Chapter 3903. of the Revised Code, and shall become a	34710
special deposit subject to section 3903.14 or 3903.421 of the	34711
Revised Code, as applicable. In lieu of the performance bond, a	34712
medicaid health insuring corporation may deposit securities with	34713
the superintendent of insurance, acceptable to the superintendent,	34714
in the amount of three million dollars, to satisfy the bonding	34715
requirements of this section. Upon rehabilitation or liquidation,	34716
the securities shall become a special deposit subject to sections	34717
3903.14 and 3903.421 of the Revised Code, as applicable. The	34718
health insuring corporation shall receive the interest on the	34719
deposited securities as long as the health insuring corporation	34720
remains solvent.	34721

(B) The bond shall be issued by a surety company licensed	34722
with the department of insurance. The bond or deposit, or any	34723
replacement bond or deposit, shall be in a form acceptable to the	34724
superintendent, and shall remain in effect during the duration of	34725
the medicaid health insuring corporation's license and thereafter	34726
until all claims against the medicaid health insuring corporation	34727
have been paid in full.	34728

(C) Documentation of the bond acceptable to the	34729
superintendent of insurance shall be filed with the superintendent	34730
prior to the issuance of a certificate of authority. Annually,	34731
thirty days prior to the renewal of its certificate of authority,	34732
every medicaid health insuring corporation shall furnish the	34733
superintendent of insurance with evidence that the required bond	34734
is still in effect.	34735

(D) As used in this section:

34736

(1) "Contracted provider" means a provider that has a	34737
contract with a medicaid health insuring corporation to provide	34738
covered health care services to medicaid recipients.	34739

(2) "Medicaid health insuring corporation" means a health	34740
insuring corporation that provides health insurance coverage or	34741
otherwise assumes claims liabilities for medicaid recipients.	34742

(3) "Medicaid recipient" means a person ~~eligible for~~	34743
~~assistance under~~enrolled in the medicaid program ~~operated~~	34744
~~pursuant to Chapter 5111. of the Revised Code~~.	34745

Sec. 1751.31. (A) Any changes in a health insuring	34746
corporation's solicitation document shall be filed with the	34747
superintendent of insurance. The superintendent, within sixty days	34748
of filing, may disapprove any solicitation document or amendment	34749
to it on any of the grounds stated in this section. Such	34750
disapproval shall be effected by written notice to the health	34751
insuring corporation. The notice shall state the grounds for	34752
disapproval and shall be issued in accordance with Chapter 119. of	34753
the Revised Code.	34754

(B) The solicitation document shall contain all information	34755
necessary to enable a consumer to make an informed choice as to	34756
whether or not to enroll in the health insuring corporation. The	34757
information shall include a specific description of the health	34758
care services to be available and the approximate number and type	34759
of full-time equivalent medical practitioners. The information	34760
shall be presented in the solicitation document in a manner that	34761
is clear, concise, and intelligible to prospective applicants in	34762
the proposed service area.	34763

(C) Every potential applicant whose subscription to a health	34764
care plan is solicited shall receive, at or before the time of	34765
solicitation, a solicitation document approved by the	34766
superintendent.	34767

(D) Notwithstanding division (A) of this section, a health	34768
insuring corporation may use a solicitation document that the	34769
corporation uses in connection with policies for medicare	34770
beneficiaries pursuant to a medicare risk contract or medicare	34771
cost contract, or for policies for beneficiaries of the federal	34772
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	34773
for policies for medicaid recipients, or for policies for	34774
beneficiaries of any other federal health care program regulated	34775
by a federal regulatory body, or for policies for beneficiaries of	34776
contracts covering officers or employees of the state entered into	34777
by the department of administrative services, if both of the	34778
following apply:	34779

(1) The solicitation document has been approved by the United	34780
States department of health and human services, the United States	34781
office of personnel management, the department of ~~job and family~~	34782
~~services~~medicaid, or the department of administrative services.	34783

(2) The solicitation document is filed with the	34784
superintendent of insurance prior to use and is accompanied by	34785
documentation of approval from the United States department of	34786
health and human services, the United States office of personnel	34787
management, the department of ~~job and family services~~medicaid, or	34788
the department of administrative services.	34789

(E) No health insuring corporation, or its agents or	34790
representatives, shall use monetary or other valuable	34791
consideration, engage in misleading or deceptive practices, or	34792
make untrue, misleading, or deceptive representations to induce	34793
enrollment. Nothing in this division shall prohibit incentive	34794
forms of remuneration such as commission sales programs for the	34795
health insuring corporation's employees and agents.	34796

(F) Any person obligated for any part of a premium rate in	34797
connection with an enrollment agreement, in addition to any right	34798
otherwise available to revoke an offer, may cancel such agreement	34799
within seventy-two hours after having signed the agreement or	34800
offer to enroll. Cancellation occurs when written notice of the	34801
cancellation is given to the health insuring corporation or its	34802
agents or other representatives. A notice of cancellation mailed	34803
to the health insuring corporation shall be considered to have	34804
been filed on its postmark date.	34805

(G) Nothing in this section shall prohibit healthy lifestyle	34806
programs.	34807

Sec. 1751.60. (A) Except as provided for in divisions (E)	34808
and (F) of this section, every provider or health care facility	34809
that contracts with a health insuring corporation to provide	34810
health care services to the health insuring corporation's	34811
enrollees or subscribers shall seek compensation for covered	34812
services solely from the health insuring corporation and not,	34813
under any circumstances, from the enrollees or subscribers, except	34814
for approved copayments and deductibles.	34815

(B) No subscriber or enrollee of a health insuring	34816
corporation is liable to any contracting provider or health care	34817
facility for the cost of any covered health care services, if the	34818
subscriber or enrollee has acted in accordance with the evidence	34819
of coverage.	34820

(C) Except as provided for in divisions (E) and (F) of this	34821
section, every contract between a health insuring corporation and	34822
provider or health care facility shall contain a provision	34823
approved by the superintendent of insurance requiring the provider	34824
or health care facility to seek compensation solely from the	34825
health insuring corporation and not, under any circumstances, from	34826
the subscriber or enrollee, except for approved copayments and	34827
deductibles.	34828

(D) Nothing in this section shall be construed as preventing	34829
a provider or health care facility from billing the enrollee or	34830
subscriber of a health insuring corporation for noncovered	34831
services.	34832

(E) Upon application by a health insuring corporation and a	34833
provider or health care facility, the superintendent may waive the	34834
requirements of divisions (A) and (C) of this section when, in	34835
addition to the reserve requirements contained in section 1751.28	34836
of the Revised Code, the health insuring corporation provides	34837
sufficient assurances to the superintendent that the provider or	34838
health care facility has been provided with financial guarantees.	34839
No waiver of the requirements of divisions (A) and (C) of this	34840
section is effective as to enrollees or subscribers for whom the	34841
health insuring corporation is compensated under a provider	34842
agreement or risk contract entered into ~~pursuant to Chapter 5111.~~	34843
~~or 5115. of the Revised Code~~under the medicaid program.	34844

(F) The requirements of divisions (A) to (C) of this section	34845
apply only to health care services provided to an enrollee or	34846
subscriber prior to the effective date of a termination of a	34847
contract between the health insuring corporation and the provider	34848
or health care facility.	34849

Sec. 1923.14. (A) Except as otherwise provided in this	34850
section, within ten days after receiving a writ of execution	34851
described in division (A) or (B) of section 1923.13 of the Revised	34852
Code, the sheriff, police officer, constable, or bailiff shall	34853
execute it by restoring the plaintiff to the possession of the	34854
premises, and shall levy and collect the costs and make return, as	34855
upon other executions. If an appeal from the judgment of	34856
restitution is filed and if, following the filing of the appeal, a	34857
stay of execution is obtained and any required bond is filed with	34858
the court of common pleas, municipal court, or county court, the	34859
judge of that court immediately shall issue an order to the	34860
sheriff, police officer, constable, or bailiff commanding the	34861
delay of all further proceedings upon the execution. If the	34862
premises have been restored to the plaintiff, the sheriff, police	34863
officer, constable, or bailiff shall forthwith place the defendant	34864
in possession of them, and return the writ with the sheriff's,	34865
police officer's, constable's, or bailiff's proceedings and the	34866
costs taxed on it.	34867

(B)(1) After a court of common pleas, municipal court, or	34868
county court issues a writ of execution described in division (B)	34869
of section 1923.13 of the Revised Code, the clerk of the court	34870
shall send by regular mail, to the last known address of the	34871
titled owner of the manufactured home, mobile home, or	34872
recreational vehicle that is the subject of the writ and to the	34873
last known address of each other person who is listed on the writ	34874
as having any outstanding right, title, or interest in the home,	34875
vehicle, or personal property and to the auditor and treasurer of	34876
the county in which the court is located, a written notice that	34877
the home or vehicle potentially may be sold, destroyed, or have	34878
its title transferred under the circumstances described in	34879
division (B)(3) or (4) of this section.	34880

(2) Except as otherwise provided in this division, after	34881
receiving a writ of execution described in division (B) of section	34882
1923.13 of the Revised Code, and after causing the defendant to be	34883
removed from the residential premises of the manufactured home	34884
park, if necessary, in accordance with the writ, the sheriff,	34885
police officer, constable, or bailiff may cause the manufactured	34886
home, mobile home, or recreational vehicle that is the subject of	34887
the writ, and all personal property on the residential premises,	34888
at the sheriff's, police officer's, constable's, or bailiff's	34889
option, either to be removed from the manufactured home park and,	34890
if necessary, moved to a storage facility of the sheriff's, police	34891
officer's, constable's, or bailiff's choice, or to be retained at	34892
their current location on the residential premises, until they are	34893
claimed by the defendant or they are disposed of in a manner	34894
authorized by division (B)(3), (4), or (6) of this section or by	34895
another section of the Revised Code. The sheriff, police officer,	34896
constable, or bailiff shall not cause the manufactured home,	34897
mobile home, or recreational vehicle that is the subject of the	34898
writ, or the personal property, to be removed from the	34899
manufactured home park or moved to a storage facility if the	34900
holder of any outstanding lien, right, title, or interest in the	34901
home or vehicle, other than the titled owner of the home or	34902
vehicle, meets the conditions set forth in division (B)(6) or (7)	34903
of this section.	34904

The sheriff, police officer, constable, or bailiff who	34905
removes the manufactured home, mobile home, or recreational	34906
vehicle, or the abandoned personal property, from the residential	34907
premises shall be immune from civil liability pursuant to section	34908
2744.03 of the Revised Code for any damage caused to the home,	34909
vehicle, or any personal property during the removal. The park	34910
operator shall not be liable for any damage caused by the park	34911
operator's removal of the manufactured home, mobile home, or	34912
recreational vehicle or the removal of the personal property from	34913
the residential premises, or for any damage to the home, vehicle,	34914
or personal property during the time the home, vehicle, or	34915
property remains abandoned or stored in the manufactured home	34916
park, unless the damage is the result of acts that the park	34917
operator or the park operator's agents or employees performed with	34918
malicious purpose, in bad faith, or in a wanton or reckless	34919
manner. The reasonable costs for a removal of the manufactured	34920
home, mobile home, or recreational vehicle and personal property	34921
and, as applicable, the reasonable costs for its storage shall	34922
constitute a lien upon the home or vehicle payable by the titled	34923
owner of the home or vehicle or payable pursuant to division	34924
(B)(3) of this section.	34925

(3) Except as provided in divisions (B)(4), (5), and (6) of	34926
this section and division (D) of section 1923.12 of the Revised	34927
Code, within sixty days after receiving a writ of execution	34928
described in division (B) of section 1923.13 of the Revised Code,	34929
the sheriff, police officer, constable, or bailiff shall commence	34930
proceedings for the sale of the manufactured home, mobile home, or	34931
recreational vehicle that is the subject of the writ, and the	34932
abandoned personal property on the residential premises, if the	34933
home or vehicle is determined to be abandoned in accordance with	34934
the procedures for the sale of goods on execution under Chapter	34935
2329. of the Revised Code. In addition to all notices required to	34936
be given under section 2329.13 of the Revised Code, the sheriff,	34937
police officer, constable, or bailiff shall serve at their	34938
respective last known addresses a written notice of the date,	34939
time, and place of the sale upon all persons who are listed on the	34940
writ of execution as having any outstanding right, title, or	34941
interest in the abandoned manufactured home, mobile home, or	34942
recreational vehicle and the personal property and shall provide	34943
written notice to the auditor and the treasurer of the county in	34944
which the court issuing the writ is located.	34945

Unless the proceedings are governed by division (D) of	34946
section 1923.12 of the Revised Code, notwithstanding any statutory	34947
provision to the contrary, including, but not limited to, section	34948
2329.66 of the Revised Code, there shall be no stay of execution	34949
or exemption from levy or sale on execution available to the	34950
titled owner of the abandoned manufactured home, mobile home, or	34951
recreational vehicle in relation to a sale under this division.	34952
Except as otherwise provided in sections 2113.031, 2117.25, and	34953
~~5111.11~~5162.21 of the Revised Code in a case involving a deceased	34954
resident or resident's estate, the sheriff, police officer,	34955
constable, or bailiff shall distribute the proceeds from the sale	34956
of an abandoned manufactured home, mobile home, or recreational	34957
vehicle and any personal property under this division in the	34958
following manner:	34959

(a) The sheriff, police officer, constable, or bailiff shall	34960
first pay the costs for any moving of and any storage outside the	34961
manufactured home park of the home or vehicle and any personal	34962
property pursuant to division (B)(2) of this section, the costs of	34963
the sale, including reimbursing the park operator for the deposit	34964
that the park operator paid to the clerk of court under division	34965
(C) of section 1923.12 of the Revised Code, and any unpaid court	34966
costs assessed against the defendant in the underlying action.	34967

(b) Following the payment required by division (B)(3)(a) of	34968
this section, the sheriff, police officer, constable, or bailiff	34969
shall pay all outstanding tax liens on the home or vehicle.	34970

(c) Following the payment required by division (B)(3)(b) of	34971
this section, the sheriff, police officer, constable, or bailiff	34972
shall pay all other outstanding security interests, liens, or	34973
encumbrances on the home or vehicle by priority of filing or other	34974
priority.	34975

(d) Following the payment required by division (B)(3)(c) of	34976
this section, the sheriff, police officer, constable, or bailiff	34977
shall pay any outstanding monetary judgment rendered under section	34978
1923.09 or 1923.11 of the Revised Code in favor of the plaintiff	34979
and any costs associated with retaining the home or vehicle prior	34980
to the sale at its location on the residential premises within the	34981
manufactured home park pursuant to division (B)(2) of this	34982
section.	34983

(e) After complying with divisions (B)(3)(a) to (d) of this	34984
section, the sheriff, police officer, constable, or bailiff shall	34985
report any remaining money as unclaimed funds pursuant to Chapter	34986
169. of the Revised Code.	34987

Upon the return of any writ of execution for the satisfaction	34988
of which an abandoned manufactured home, mobile home, or	34989
recreational vehicle has been sold under this division, on careful	34990
examination of the proceedings of the sheriff, police officer,	34991
constable, or bailiff conducting the sale, if the court that	34992
issued the writ finds that the sale was made, in all respects, in	34993
conformity with the relevant provisions of Chapter 2329. of the	34994
Revised Code and with this division, it shall direct the clerk of	34995
the court to make an entry on the journal that the court is	34996
satisfied with the legality of the sale and the court shall direct	34997
the clerk of the court of common pleas of the county in which the	34998
writ was issued to issue a certificate of title, free and clear of	34999
all security interests, liens, and encumbrances, to the purchaser	35000
of the home or vehicle. The clerk of the court of common pleas	35001
shall issue the new certificate of title to the purchaser of the	35002
home or vehicle regardless of whether the writ was issued by the	35003
court of common pleas or another court duly authorized to issue	35004
the writ. If the manufactured home, mobile home, or recreational	35005
vehicle sold under this division is located in a manufactured home	35006
park, the purchaser of the home or vehicle shall have no right to	35007
maintain the home or vehicle in the manufactured home park without	35008
the park operator's consent and the sheriff, police officer,	35009
constable, or bailiff conducting the sale shall notify all	35010
prospective purchasers of this fact prior to the commencement of	35011
the sale.	35012

If, after it is offered for sale on two occasions under this	35013
division, the abandoned manufactured home, mobile home, or	35014
recreational vehicle cannot be sold due to a want of bidders, the	35015
sheriff, police officer, constable, or bailiff shall present the	35016
writ of execution unsatisfied to the clerk of the court of common	35017
pleas of the county in which the writ was issued for the issuance	35018
by the clerk in the manner prescribed in section 4505.10 of the	35019
Revised Code of a certificate of title transferring the title of	35020
the home or vehicle to the plaintiff, free and clear of all	35021
security interests, liens, and encumbrances. The clerk of the	35022
court of common pleas shall issue the new certificate of title	35023
transferring the title of the manufactured home, mobile home, or	35024
recreational vehicle to the plaintiff regardless of whether the	35025
writ was issued by the court of common pleas or another court duly	35026
authorized to issue the writ. If any taxes are owed on the home or	35027
vehicle at this time, the county auditor shall remove the	35028
delinquent taxes from the manufactured home tax list and the	35029
delinquent manufactured home tax list and remit any penalties for	35030
late payment of manufactured home taxes. Acceptance of the	35031
certificate of title by the plaintiff terminates all further	35032
proceedings under this section.	35033

(4) Except as provided in division (B)(5) or (6) of this	35034
section and division (D) of section 1923.12 of the Revised Code,	35035
within sixty days after receiving a writ of execution described in	35036
division (B) of section 1923.13 of the Revised Code, if the	35037
manufactured home, mobile home, or recreational vehicle is	35038
determined to be abandoned and to have a value of less than three	35039
thousand dollars, the sheriff, police officer, constable, or	35040
bailiff shall serve at their respective last known addresses a	35041
written notice of potential action as described in this division	35042
upon all persons who are listed on the writ as having any	35043
outstanding right, title, or interest in the home or vehicle. This	35044
notice shall be in addition to all notices required to be given	35045
under section 2329.13 of the Revised Code. Subject to the	35046
fulfillment of these notice requirements, the sheriff, police	35047
officer, constable, or bailiff shall take one of the following	35048
actions with respect to the abandoned manufactured home, mobile	35049
home, or recreational vehicle:	35050

(a) Cause its destruction if there is no person having an	35051
outstanding right, title, or interest in the home or vehicle,	35052
other than the titled owner of the home or vehicle;	35053

(b) Proceed with its sale under division (B)(3) of this	35054
section;	35055

(c) If there is no person having an outstanding right, title,	35056
or interest in the home or vehicle other than the titled owner of	35057
the home or vehicle, or if there is an outstanding right, title,	35058
or interest in the home or vehicle and the lienholder consents in	35059
writing, present the writ of execution to the clerk of the court	35060
of common pleas of the county in which the writ was issued for the	35061
issuance by the clerk in the manner prescribed in section 4505.10	35062
of the Revised Code of a certificate of title transferring the	35063
title of the home or vehicle to the plaintiff, free and clear of	35064
all security interests, liens, and encumbrances. The clerk of the	35065
court of common pleas shall issue the new certificate of title	35066
transferring the title of the home or vehicle regardless of	35067
whether the writ was issued by the court of common pleas or	35068
another court duly authorized to issue the writ. If any taxes are	35069
owed on the home or vehicle at this time, the county auditor shall	35070
remove the delinquent taxes from the manufactured home tax list	35071
and the delinquent manufactured home tax list and remit any	35072
penalties for late payment of manufactured home taxes. Acceptance	35073
of the certificate of title by the plaintiff terminates all	35074
further proceedings under this section.	35075

(5) At any time prior to the issuance of the writ of	35076
execution described in division (B) of section 1923.13 of the	35077
Revised Code, the titled owner of the manufactured home, mobile	35078
home, or recreational vehicle that would be the subject of the	35079
writ may remove the abandoned home or vehicle from the	35080
manufactured home park or other place of storage upon payment to	35081
the county auditor of all outstanding tax liens on the home or	35082
vehicle and, unless the owner is indigent, payment to the clerk of	35083
court of all unpaid court costs assessed against the defendant in	35084
the underlying action. After the issuance of the writ of	35085
execution, the titled owner of the home or vehicle may remove the	35086
abandoned home or vehicle from the manufactured home park or other	35087
place of storage at any time up to the day before the scheduled	35088
sale, destruction, or transfer of the home or vehicle pursuant to	35089
division (B)(3) or (4) of this section upon payment of all of the	35090
following:	35091

(a) All costs for moving and storage of the home or vehicle	35092
pursuant to division (B)(2) of this section and all costs incurred	35093
by the sheriff, police officer, constable, or bailiff up to and	35094
including the date of the removal of the home or vehicle;	35095

(b) All outstanding tax liens on the home or vehicle;

35096

(c) Unless the owner is indigent, all unpaid court costs	35097
assessed against the defendant in the underlying action.	35098

(6) At any time after the issuance of the writ of execution	35099
described in division (B) of section 1923.13 of the Revised Code,	35100
the holder of any outstanding lien, right, title, or interest in	35101
the manufactured home, mobile home, or recreational vehicle, other	35102
than the titled owner of the home or vehicle, may stop the	35103
sheriff, police officer, constable, or bailiff from proceeding	35104
with the sale under this division by doing both of the following:	35105

(a) Commencing a proceeding to repossess the home or vehicle	35106
pursuant to Chapters 1309. and 1317. of the Revised Code;	35107

(b) Paying to the park operator all monthly rental payments	35108
for the lot on which the home or vehicle is located from the time	35109
of the issuance of the writ of execution until the time that the	35110
home or vehicle is sold pursuant to Chapters 1309. and 1317. of	35111
the Revised Code.	35112

(7)(a) At any time prior to the day before the scheduled sale	35113
of the property pursuant to division (B)(3) of this section, the	35114
defendant may remove any personal property of the defendant from	35115
the abandoned home or vehicle or other place of storage.	35116

(b) If personal property owned by a person other than the	35117
defendant is abandoned on the residential premises and has not	35118
previously been removed, the owner of the personal property may	35119
remove the personal property from the abandoned home or vehicle or	35120
other place of storage up to the day before the scheduled sale of	35121
the property pursuant to division (B)(3) of this section upon	35122
presentation of proof of ownership of the property that is	35123
satisfactory to the sheriff, police officer, constable, or bailiff	35124
conducting the sale.	35125

Sec. 2101.026. (A) The probate court of Franklin county may	35126
accept funds or other program assistance from the board of	35127
alcohol, drug addiction, and mental health services of Franklin	35128
county or the Franklin county board of developmental disabilities.	35129
Any funds received by the probate court of Franklin county under	35130
this division shall be paid into the treasury of Franklin county	35131
and credited to a fund to be known as the Franklin county probate	35132
court mental health fund.	35133

(B) The moneys in the Franklin county probate court mental	35134
health fund shall be used for services to help ensure the	35135
treatment of any person who is under the care of the board of	35136
alcohol, drug addiction, and mental health services of Franklin	35137
county or the Franklin county board of developmental disabilities.	35138
These services include, but are not limited to, involuntary	35139
commitment proceedings and the establishment and management of	35140
adult guardianships, including all associated expenses, for wards	35141
who are under the care of the board of alcohol, drug addiction,	35142
and mental health services of Franklin county or the Franklin	35143
county board of developmental disabilities.	35144

(C) If the judge of the probate court of Franklin county	35145
determines that some of the moneys in the Franklin county probate	35146
court mental health fund are needed for the efficient operation of	35147
that court, the moneys may be used for the acquisition of	35148
equipment, the hiring and training of staff, community services	35149
programs, volunteer guardianship training services, the employment	35150
of magistrates, and other related services.	35151

Sec. 2101.24. (A)(1) Except as otherwise provided by law,	35152
the probate court has exclusive jurisdiction:	35153

(a) To take the proof of wills and to admit to record	35154
authenticated copies of wills executed, proved, and allowed in the	35155
courts of any other state, territory, or country. If the probate	35156
judge is unavoidably absent, any judge of the court of common	35157
pleas may take proof of wills and approve bonds to be given, but	35158
the record of these acts shall be preserved in the usual records	35159
of the probate court.	35160

(b) To grant and revoke letters testamentary and of	35161
administration;	35162

(c) To direct and control the conduct and settle the accounts	35163
of executors and administrators and order the distribution of	35164
estates;	35165

(d) To appoint the attorney general to serve as the	35166
administrator of an estate pursuant to section 2113.06 of the	35167
Revised Code;	35168

(e) To appoint and remove guardians, conservators, and	35169
testamentary trustees, direct and control their conduct, and	35170
settle their accounts;	35171

(f) To grant marriage licenses;

35172

(g) To make inquests respecting persons who are so mentally	35173
impaired as a result of a mental or physical illness or	35174
disability, or mental retardation, or as a result of chronic	35175
substance abuse, that they are unable to manage their property and	35176
affairs effectively, subject to guardianship;	35177

(h) To qualify assignees, appoint and qualify trustees and	35178
commissioners of insolvents, control their conduct, and settle	35179
their accounts;	35180

(i) To authorize the sale of lands, equitable estates, or	35181
interests in lands or equitable estates, and the assignments of	35182
inchoate dower in such cases of sale, on petition by executors,	35183
administrators, and guardians;	35184

(j) To authorize the completion of real property contracts on	35185
petition of executors and administrators;	35186

(k) To construe wills;

35187

(l) To render declaratory judgments, including, but not	35188
limited to, those rendered pursuant to section 2107.084 of the	35189
Revised Code;	35190

(m) To direct and control the conduct of fiduciaries and	35191
settle their accounts;	35192

(n) To authorize the sale or lease of any estate created by	35193
will if the estate is held in trust, on petition by the trustee;	35194

(o) To terminate a testamentary trust in any case in which a	35195
court of equity may do so;	35196

(p) To hear and determine actions to contest the validity of	35197
wills;	35198

(q) To make a determination of the presumption of death of	35199
missing persons and to adjudicate the property rights and	35200
obligations of all parties affected by the presumption;	35201

(r) To hear and determine an action commenced pursuant to	35202
section 3107.41 of the Revised Code to obtain the release of	35203
information pertaining to the birth name of the adopted person and	35204
the identity of the adopted person's biological parents and	35205
biological siblings;	35206

(s) To act for and issue orders regarding wards pursuant to	35207
section 2111.50 of the Revised Code;	35208

(t) To hear and determine actions against sureties on the	35209
bonds of fiduciaries appointed by the probate court;	35210

(u) To hear and determine actions involving informed consent	35211
for medication of persons hospitalized pursuant to section	35212
5122.141 or 5122.15 of the Revised Code;	35213

(v) To hear and determine actions relating to durable powers	35214
of attorney for health care as described in division (D) of	35215
section 1337.16 of the Revised Code;	35216

(w) To hear and determine actions commenced by objecting	35217
individuals, in accordance with section 2133.05 of the Revised	35218
Code;	35219

(x) To hear and determine complaints that pertain to the use	35220
or continuation, or the withholding or withdrawal, of	35221
life-sustaining treatment in connection with certain patients	35222
allegedly in a terminal condition or in a permanently unconscious	35223
state pursuant to division (E) of section 2133.08 of the Revised	35224
Code, in accordance with that division;	35225

(y) To hear and determine applications that pertain to the	35226
withholding or withdrawal of nutrition and hydration from certain	35227
patients allegedly in a permanently unconscious state pursuant to	35228
section 2133.09 of the Revised Code, in accordance with that	35229
section;	35230

(z) To hear and determine applications of attending	35231
physicians in accordance with division (B) of section 2133.15 of	35232
the Revised Code;	35233

(aa) To hear and determine actions relative to the use or	35234
continuation of comfort care in connection with certain principals	35235
under durable powers of attorney for health care, declarants under	35236
declarations, or patients in accordance with division (E) of	35237
either section 1337.16 or 2133.12 of the Revised Code;	35238

(bb) To hear and determine applications for an order	35239
relieving an estate from administration under section 2113.03 of	35240
the Revised Code;	35241

(cc) To hear and determine applications for an order granting	35242
a summary release from administration under section 2113.031 of	35243
the Revised Code;	35244

(dd) To hear and determine actions relating to the exercise	35245
of the right of disposition, in accordance with section 2108.90 of	35246
the Revised Code;	35247

(ee) To hear and determine actions relating to the	35248
disinterment and reinterment of human remains under section 517.23	35249
of the Revised Code;	35250

(ff) To hear and determine petitions for an order for	35251
treatment of a person suffering from alcohol and other drug abuse	35252
filed under section ~~3793.34~~5119.93 of the Revised Code and to	35253
order treatment of that nature in accordance with, and take other	35254
actions afforded to the court under, sections ~~3793.31~~5119.90 to	35255
~~3793.39~~5119.98 of the Revised Code.	35256

(2) In addition to the exclusive jurisdiction conferred upon	35257
the probate court by division (A)(1) of this section, the probate	35258
court shall have exclusive jurisdiction over a particular subject	35259
matter if both of the following apply:	35260

(a) Another section of the Revised Code expressly confers	35261
jurisdiction over that subject matter upon the probate court.	35262

(b) No section of the Revised Code expressly confers	35263
jurisdiction over that subject matter upon any other court or	35264
agency.	35265

(B)(1) The probate court has concurrent jurisdiction with,	35266
and the same powers at law and in equity as, the general division	35267
of the court of common pleas to issue writs and orders, and to	35268
hear and determine actions as follows:	35269

(a) If jurisdiction relative to a particular subject matter	35270
is stated to be concurrent in a section of the Revised Code or has	35271
been construed by judicial decision to be concurrent, any action	35272
that involves that subject matter;	35273

(b) Any action that involves an inter vivos trust; a trust	35274
created pursuant to section 5815.28 of the Revised Code; a	35275
charitable trust or foundation; subject to divisions (A)(1)(u) and	35276
(z) of this section, a power of attorney, including, but not	35277
limited to, a durable power of attorney; the medical treatment of	35278
a competent adult; or a writ of habeas corpus;	35279

(c) Subject to section 2101.31 of the Revised Code, any	35280
action with respect to a probate estate, guardianship, trust, or	35281
post-death dispute that involves any of the following:	35282

(i) A designation or removal of a beneficiary of a life	35283
insurance policy, annuity contract, retirement plan, brokerage	35284
account, security account, bank account, real property, or	35285
tangible personal property;	35286

(ii) A designation or removal of a payable-on-death	35287
beneficiary or transfer-on-death beneficiary;	35288

(iii) A change in the title to any asset involving a joint	35289
and survivorship interest;	35290

(iv) An alleged gift;

35291

(v) The passing of assets upon the death of an individual	35292
otherwise than by will, intestate succession, or trust.	35293

(2) Any action that involves a concurrent jurisdiction	35294
subject matter and that is before the probate court may be	35295
transferred by the probate court, on its order, to the general	35296
division of the court of common pleas.	35297

(C) The probate court has plenary power at law and in equity	35298
to dispose fully of any matter that is properly before the court,	35299
unless the power is expressly otherwise limited or denied by a	35300
section of the Revised Code.	35301

(D) The jurisdiction acquired by a probate court over a	35302
matter or proceeding is exclusive of that of any other probate	35303
court, except when otherwise provided by law.	35304

Sec. 2108.05. (A) A donor may make an anatomical gift by	35305
doing any of the following:	35306

(1) Authorizing a statement or symbol to be imprinted on the	35307
donor's driver's license or identification card indicating that	35308
the donor has certified a willingness to make an anatomical gift;	35309

(2) Specifying in the donor's will an intent to make an	35310
anatomical gift;	35311

(3) Specifying an intent to make an anatomical gift in the	35312
donor's declaration as described in section 2133.16 of the Revised	35313
Code;	35314

(4) During a terminal illness or injury of the donor,	35315
communicating in any manner to a minimum of two adults, at least	35316
one of whom is a disinterested witness, that the donor intends to	35317
make an anatomical gift;	35318

(5) Following the procedure in division (B) of this section.

35319

(B) A donor or other person authorized to make an anatomical	35320
gift under section 2108.04 of the Revised Code may make a gift by	35321
a donor card or other record signed by the donor or other person	35322
making the gift or by authorizing that a statement or symbol	35323
indicating that the donor has certified a willingness to make an	35324
anatomical gift be included in a donor registry. If the donor or	35325
other person is physically unable to sign a record, the record may	35326
be signed by another individual at the direction of the donor or	35327
other person and shall do both of the following:	35328

(1) Be witnessed by at least two adults, at least one of whom	35329
is a disinterested witness, who have signed at the request of the	35330
donor or the other person;	35331

(2) State that it has been signed and witnessed as provided	35332
in division (B)(1) of this section.	35333

(C) Once a donor has authorized a statement or symbol to be	35334
imprinted on the donor's driver's license or identification card	35335
indicating that the donor has certified a willingness to make an	35336
anatomical gift, the donor does not need to recertify the donor's	35337
willingness to make an anatomical gift upon renewal of the	35338
driver's license or identification card. The authorization shall	35339
remain in effect until the donor withdraws that authorization.	35340

(D) Revocation, suspension, expiration, or cancellation of a	35341
driver's license or identification card upon which an anatomical	35342
gift is indicated does not invalidate the gift.	35343

~~(D)~~(E) An anatomical gift made by will takes effect on the	35344
donor's death whether or not the will is probated. Invalidation of	35345
the will after the donor's death does not invalidate the gift.	35346

Sec. 2113.041. (A) The administrator of the medicaid estate	35347
recovery program established pursuant to section ~~5111.11~~5162.21	35348
of the Revised Code may present an affidavit to a financial	35349
institution requesting that the financial institution release	35350
account proceeds to recover the cost of services correctly	35351
provided to a medicaid recipient who is subject to the medicaid	35352
estate recovery program. The affidavit shall include all of the	35353
following information:	35354

(1) The name of the decedent;

35355

(2) The name of any person who gave notice that the decedent	35356
was a medicaid recipient and that person's relationship to the	35357
decedent;	35358

(3) The name of the financial institution;

35359

(4) The account number;

35360

(5) A description of the claim for estate recovery;

35361

(6) The amount of funds to be recovered.

35362

(B) A financial institution may release account proceeds to	35363
the administrator of the medicaid estate recovery program if all	35364
of the following apply:	35365

(1) The decedent held an account at the financial institution	35366
that was in the decedent's name only.	35367

(2) No estate has been, and it is reasonable to assume that	35368
no estate will be, opened for the decedent.	35369

(3) The decedent has no outstanding debts known to the	35370
administrator of the medicaid estate recovery program.	35371

(4) The financial institution has received no objections or	35372
has determined that no valid objections to release of proceeds	35373
have been received.	35374

(C) If proceeds have been released pursuant to division (B)	35375
of this section and the department of ~~job and family services~~	35376
medicaid receives notice of a valid claim to the proceeds that has	35377
a higher priority under section 2117.25 of the Revised Code than	35378
the claim of the medicaid estate recovery program, the department	35379
may refund the proceeds to the financial institution or pay them	35380
to the person or government entity with the claim.	35381

Sec. 2113.06. (A) Administration of the estate of an	35382
intestate shall be granted to persons mentioned in this division,	35383
in the following order:	35384

(1) To the surviving spouse of the deceased, if resident of	35385
the state;	35386

(2) To one of the next of kin of the deceased, resident of	35387
the state.	35388

(B) If the persons entitled to administer the estate under	35389
division (A) of this section fail to take or renounce	35390
administration voluntarily, the matter shall be set for hearing	35391
and notice given to the persons.	35392

(C) If there are no persons entitled to administration, if	35393
they are for any reason unsuitable for the discharge of the trust,	35394
or if without sufficient cause they neglect to apply within a	35395
reasonable time for the administration of the estate, their right	35396
to priority shall be lost, and the court shall commit the	35397
administration to some suitable person who is a resident of the	35398
state, or to the attorney general or the attorney general's	35399
designee, if the department of ~~job and family services~~medicaid is	35400
seeking to recover ~~medical assistance~~the costs of medicaid	35401
services from the deceased pursuant to section ~~5111.11~~5162.21 or	35402
~~5111.111~~5162.211 of the Revised Code. The person granted	35403
administration may be a creditor of the estate.	35404

(D) This section applies to the appointment of an	35405
administrator de bonis non.	35406

Sec. 2117.061. (A) As used in this section:

35407

(1) "Medicaid estate recovery program" means the program	35408
instituted under section ~~5111.11~~5162.21 of the Revised Code.	35409

(2) "Person responsible for the estate" means the executor,	35410
administrator, commissioner, or person who filed pursuant to	35411
section 2113.03 of the Revised Code for release from	35412
administration of an estate.	35413

(B) The person responsible for the estate of a decedent	35414
subject to the medicaid estate recovery program or the estate of a	35415
decedent who was the spouse of a decedent subject to the medicaid	35416
estate recovery program shall submit a properly completed medicaid	35417
estate recovery notice form to the administrator of the medicaid	35418
estate recovery program not later than thirty days after the	35419
occurrence of any of the following:	35420

(1) The granting of letters of administration or letters	35421
testamentary;	35422

(2) The filing of an application for release from	35423
administration or summary release from administration.	35424

(C) The person responsible for the estate shall mark the	35425
appropriate box on the appropriate probate form that gives notice	35426
to the administrator of the medicaid estate recovery program to	35427
indicate compliance with the requirements of division (B) of this	35428
section.	35429

(D) The administrator of the medicaid estate recovery program	35430
shall present a claim for estate recovery to the person	35431
responsible for the estate of the decedent or the person's legal	35432
representative not later than ninety days after the date on which	35433
the medicaid estate recovery notice form is received under	35434
division (B) of this section or one year after the decedent's	35435
death, whichever is later.	35436

Sec. 2117.25. (A) Every executor or administrator shall	35437
proceed with diligence to pay the debts of the decedent and shall	35438
apply the assets in the following order:	35439

(1) Costs and expenses of administration;

35440

(2) An amount, not exceeding four thousand dollars, for	35441
funeral expenses that are included in the bill of a funeral	35442
director, funeral expenses other than those in the bill of a	35443
funeral director that are approved by the probate court, and an	35444
amount, not exceeding three thousand dollars, for burial and	35445
cemetery expenses, including that portion of the funeral	35446
director's bill allocated to cemetery expenses that have been paid	35447
to the cemetery by the funeral director.	35448

For purposes of division (A)(2) of this section, burial and	35449
cemetery expenses shall be limited to the following:	35450

(a) The purchase of a right of interment;

35451

(b) Monuments or other markers;

35452

35453

(d) The cost of opening and closing the place of interment;

35454

(e) The urn.

35455

(3) The allowance for support made to the surviving spouse,	35456
minor children, or both under section 2106.13 of the Revised Code;	35457

(4) Debts entitled to a preference under the laws of the	35458
United States;	35459

(5) Expenses of the last sickness of the decedent;

35460

(6) If the total bill of a funeral director for funeral	35461
expenses exceeds four thousand dollars, then, in addition to the	35462
amount described in division (A)(2) of this section, an amount,	35463
not exceeding two thousand dollars, for funeral expenses that are	35464
included in the bill and that exceed four thousand dollars;	35465

(7) Expenses of the decedent's last continuous stay in a	35466
nursing home as defined in section 3721.01 of the Revised Code,	35467
residential facility as defined in section 5123.19 of the Revised	35468
Code, or hospital long-term care unit as defined in section	35469
~~3721.50~~5168.40 of the Revised Code.	35470

For purposes of division (A)(7) of this section, a decedent's	35471
last ~~continuance~~continuous stay includes up to thirty consecutive	35472
days during which the decedent was temporarily absent from the	35473
nursing home, residential facility, or hospital long-term care	35474
unit.	35475

(8) Personal property taxes, claims made under the medicaid	35476
estate recovery program instituted pursuant to section ~~5111.11~~	35477
5162.21 of the Revised Code, and obligations for which the	35478
decedent was personally liable to the state or any of its	35479
subdivisions;	35480

(9) Debts for manual labor performed for the decedent within	35481
twelve months preceding the decedent's death, not exceeding three	35482
hundred dollars to any one person;	35483

(10) Other debts for which claims have been presented and	35484
finally allowed.	35485

(B) The part of the bill of a funeral director that exceeds	35486
the total of six thousand dollars as described in divisions (A)(2)	35487
and (6) of this section, and the part of a claim included in	35488
division (A)(9) of this section that exceeds three hundred dollars	35489
shall be included as a debt under division (A)(10) of this	35490
section, depending upon the time when the claim for the additional	35491
amount is presented.	35492

(C) Any natural person or fiduciary who pays a claim of any	35493
creditor described in division (A) of this section shall be	35494
subrogated to the rights of that creditor proportionate to the	35495
amount of the payment and shall be entitled to reimbursement for	35496
that amount in accordance with the priority of payments set forth	35497
in that division.	35498

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	35499
to the manner in which and the time within which claims shall be	35500
presented, shall apply to claims set forth in divisions (A)(2),	35501
(6), and (9) of this section. Claims for an expense of	35502
administration or for the allowance for support need not be	35503
presented. The executor or administrator shall pay debts included	35504
in divisions (A)(4) and (8) of this section, of which the executor	35505
or administrator has knowledge, regardless of presentation.	35506

(2) The giving of written notice to an executor or	35507
administrator of a motion or application to revive an action	35508
pending against the decedent at the date of death shall be	35509
equivalent to the presentation of a claim to the executor or	35510
administrator for the purpose of determining the order of payment	35511
of any judgment rendered or decree entered in such an action.	35512

(E) No payments shall be made to creditors of one class until	35513
all those of the preceding class are fully paid or provided for.	35514
If the assets are insufficient to pay all the claims of one class,	35515
the creditors of that class shall be paid ratably.	35516

(F) If it appears at any time that the assets have been	35517
exhausted in paying prior or preferred charges, allowances, or	35518
claims, those payments shall be a bar to an action on any claim	35519
not entitled to that priority or preference.	35520

Sec. 2133.01. Unless the context otherwise requires, as used	35521
in sections 2133.01 to 2133.15 of the Revised Code:	35522

(A) "Adult" means an individual who is eighteen years of age	35523
or older.	35524

(B) "Attending physician" means the physician to whom a	35525
declarant or other patient, or the family of a declarant or other	35526
patient, has assigned primary responsibility for the treatment or	35527
care of the declarant or other patient, or, if the responsibility	35528
has not been assigned, the physician who has accepted that	35529
responsibility.	35530

35531

(1) Nutrition when administered to diminish the pain or	35532
discomfort of a declarant or other patient, but not to postpone	35533
the declarant's or other patient's death;	35534

(2) Hydration when administered to diminish the pain or	35535
discomfort of a declarant or other patient, but not to postpone	35536
the declarant's or other patient's death;	35537

(3) Any other medical or nursing procedure, treatment,	35538
intervention, or other measure that is taken to diminish the pain	35539
or discomfort of a declarant or other patient, but not to postpone	35540
the declarant's or other patient's death.	35541

(D) "Consulting physician" means a physician who, in	35542
conjunction with the attending physician of a declarant or other	35543
patient, makes one or more determinations that are required to be	35544
made by the attending physician, or to be made by the attending	35545
physician and one other physician, by an applicable provision of	35546
this chapter, to a reasonable degree of medical certainty and in	35547
accordance with reasonable medical standards.	35548

(E) "Declarant" means any adult who has executed a	35549
declaration in accordance with section 2133.02 of the Revised	35550
Code.	35551

(F) "Declaration" means a written document executed in	35552
accordance with section 2133.02 of the Revised Code.	35553

(G) "Durable power of attorney for health care" means a	35554
document created pursuant to sections 1337.11 to 1337.17 of the	35555
Revised Code.	35556

(H) "Guardian" means a person appointed by a probate court	35557
pursuant to Chapter 2111. of the Revised Code to have the care and	35558
management of the person of an incompetent.	35559

(I) "Health care facility" means any of the following:

35560

(1) A hospital;

35561

(2) A hospice care program, pediatric respite care program,	35562
or other institution that specializes in comfort care of patients	35563
in a terminal condition or in a permanently unconscious state;	35564

(3) A nursing home or residential care facility, as defined	35565
in section 3721.01 of the Revised Code;	35566

(4) A home health agency and any residential facility where a	35567
person is receiving care under the direction of a home health	35568
agency;	35569

(5) An intermediate care facility for ~~the mentally retarded~~	35570
individuals with intellectual disabilities.	35571

(J) "Health care personnel" means physicians, nurses,	35572
physician assistants, emergency medical technicians-basic,	35573
emergency medical technicians-intermediate, emergency medical	35574
technicians-paramedic, medical technicians, dietitians, other	35575
authorized persons acting under the direction of an attending	35576
physician, and administrators of health care facilities.	35577

(K) "Home health agency" has the same meaning as in section	35578
3701.881 of the Revised Code.	35579

(L) "Hospice care program" and "pediatric respite care	35580
program" have the same meanings as in section 3712.01 of the	35581
Revised Code.	35582

(M) "Hospital" has the same meanings as in sections 3701.01,	35583
3727.01, and 5122.01 of the Revised Code.	35584

(N) "Hydration" means fluids that are artificially or	35585
technologically administered.	35586

(O) "Incompetent" has the same meaning as in section 2111.01	35587
of the Revised Code.	35588

(P) "Intermediate care facility for the ~~mentally retarded~~	35589
individuals with intellectual disabilities" has the same meaning	35590
as in section ~~5111.20~~5124.01 of the Revised Code.	35591

(Q) "Life-sustaining treatment" means any medical procedure,	35592
treatment, intervention, or other measure that, when administered	35593
to a qualified patient or other patient, will serve principally to	35594
prolong the process of dying.	35595

(R) "Nurse" means a person who is licensed to practice	35596
nursing as a registered nurse or to practice practical nursing as	35597
a licensed practical nurse pursuant to Chapter 4723. of the	35598
Revised Code.	35599

(S) "Nursing home" has the same meaning as in section 3721.01	35600
of the Revised Code.	35601

(T) "Nutrition" means sustenance that is artificially or	35602
technologically administered.	35603

(U) "Permanently unconscious state" means a state of	35604
permanent unconsciousness in a declarant or other patient that, to	35605
a reasonable degree of medical certainty as determined in	35606
accordance with reasonable medical standards by the declarant's or	35607
other patient's attending physician and one other physician who	35608
has examined the declarant or other patient, is characterized by	35609
both of the following:	35610

(1) Irreversible unawareness of one's being and environment.

35611

(2) Total loss of cerebral cortical functioning, resulting in	35612
the declarant or other patient having no capacity to experience	35613
pain or suffering.	35614

(V) "Person" has the same meaning as in section 1.59 of the	35615
Revised Code and additionally includes political subdivisions and	35616
governmental agencies, boards, commissions, departments,	35617
institutions, offices, and other instrumentalities.	35618

(W) "Physician" means a person who is authorized under	35619
Chapter 4731. of the Revised Code to practice medicine and surgery	35620
or osteopathic medicine and surgery.	35621

(X) "Political subdivision" and "state" have the same	35622
meanings as in section 2744.01 of the Revised Code.	35623

(Y) "Professional disciplinary action" means action taken by	35624
the board or other entity that regulates the professional conduct	35625
of health care personnel, including the state medical board and	35626
the board of nursing.	35627

(Z) "Qualified patient" means an adult who has executed a	35628
declaration and has been determined to be in a terminal condition	35629
or in a permanently unconscious state.	35630

(AA) "Terminal condition" means an irreversible, incurable,	35631
and untreatable condition caused by disease, illness, or injury	35632
from which, to a reasonable degree of medical certainty as	35633
determined in accordance with reasonable medical standards by a	35634
declarant's or other patient's attending physician and one other	35635
physician who has examined the declarant or other patient, both of	35636
the following apply:	35637

(1) There can be no recovery.

35638

(2) Death is likely to occur within a relatively short time	35639
if life-sustaining treatment is not administered.	35640

(BB) "Tort action" means a civil action for damages for	35641
injury, death, or loss to person or property, other than a civil	35642
action for damages for breach of a contract or another agreement	35643
between persons.	35644

Sec. 2133.25. (A) The department of health, by rule adopted	35645
pursuant to Chapter 119. of the Revised Code, shall adopt a	35646
standardized method of procedure for the withholding of CPR by	35647
physicians, emergency medical services personnel, and health care	35648
facilities in accordance with sections 2133.21 to 2133.26 of the	35649
Revised Code. The standardized method shall specify criteria for	35650
determining when a do-not-resuscitate order issued by a physician	35651
is current. The standardized method so adopted shall be the	35652
"do-not-resuscitate protocol" for purposes of sections 2133.21 to	35653
2133.26 of the Revised Code. The department also shall approve one	35654
or more standard forms of DNR identification to be used throughout	35655
this state.	35656

(B) The department of health shall adopt rules in accordance	35657
with Chapter 119. of the Revised Code for the administration of	35658
sections 2133.21 to 2133.26 of the Revised Code.	35659

(C) The department of health shall appoint an advisory	35660
committee to advise the department in the development of rules	35661
under this section. The advisory committee shall include, but	35662
shall not be limited to, representatives of each of the following	35663
organizations:	35664

(1) The association for hospitals and health systems (OHA);

35665

(2) The Ohio state medical association;

35666

(3) The Ohio chapter of the American college of emergency	35667
physicians;	35668

(4) The Ohio hospice organization;

35669

(5) The Ohio council for home care;

35670

(6) The Ohio health care association;

35671

(7) The Ohio ambulance association;

35672

(8) The Ohio medical directors association;

35673

(9) The Ohio association of emergency medical services;

35674

(10) The bioethics network of Ohio;

35675

(11) The Ohio nurses association;

35676

(12) The Ohio academy of nursing homes;

35677

(13) The Ohio association of professional firefighters;

35678

(14) The department of developmental disabilities;

35679

(15) The Ohio osteopathic association;

35680

(16) The association of Ohio philanthropic homes, housing and	35681
services for the aging;	35682

(17) The catholic conference of Ohio;

35683

(18) The department of aging;

35684

(19) The department of ~~mental health~~mental health and	35685
addiction services;	35686

(20) The Ohio private residential association;

35687

(21) The northern Ohio fire fighters association.

35688

Sec. 2151.011. (A) As used in the Revised Code:

35689

(1) "Juvenile court" means whichever of the following is	35690
applicable that has jurisdiction under this chapter and Chapter	35691
2152. of the Revised Code:	35692

(a) The division of the court of common pleas specified in	35693
section 2101.022 or 2301.03 of the Revised Code as having	35694
jurisdiction under this chapter and Chapter 2152. of the Revised	35695
Code or as being the juvenile division or the juvenile division	35696
combined with one or more other divisions;	35697

(b) The juvenile court of Cuyahoga county or Hamilton county	35698
that is separately and independently created by section 2151.08 or	35699
Chapter 2153. of the Revised Code and that has jurisdiction under	35700
this chapter and Chapter 2152. of the Revised Code;	35701

(c) If division (A)(1)(a) or (b) of this section does not	35702
apply, the probate division of the court of common pleas.	35703

(2) "Juvenile judge" means a judge of a court having	35704
jurisdiction under this chapter.	35705

(3) "Private child placing agency" means any association, as	35706
defined in section 5103.02 of the Revised Code, that is certified	35707
under section 5103.03 of the Revised Code to accept temporary,	35708
permanent, or legal custody of children and place the children for	35709
either foster care or adoption.	35710

(4) "Private noncustodial agency" means any person,	35711
organization, association, or society certified by the department	35712
of job and family services that does not accept temporary or	35713
permanent legal custody of children, that is privately operated in	35714
this state, and that does one or more of the following:	35715

(a) Receives and cares for children for two or more	35716
consecutive weeks;	35717

(b) Participates in the placement of children in certified	35718
foster homes;	35719

(c) Provides adoption services in conjunction with a public	35720
children services agency or private child placing agency.	35721

(B) As used in this chapter:

35722

(1) "Adequate parental care" means the provision by a child's	35723
parent or parents, guardian, or custodian of adequate food,	35724
clothing, and shelter to ensure the child's health and physical	35725
safety and the provision by a child's parent or parents of	35726
specialized services warranted by the child's physical or mental	35727
needs.	35728

(2) "Adult" means an individual who is eighteen years of age	35729
or older.	35730

(3) "Agreement for temporary custody" means a voluntary	35731
agreement authorized by section 5103.15 of the Revised Code that	35732
transfers the temporary custody of a child to a public children	35733
services agency or a private child placing agency.	35734

(4) "Alternative response" means the public children services	35735
agency's response to a report of child abuse or neglect that	35736
engages the family in a comprehensive evaluation of child safety,	35737
risk of subsequent harm, and family strengths and needs and that	35738
does not include a determination as to whether child abuse or	35739
neglect occurred.	35740

(5) "Certified foster home" means a foster home, as defined	35741
in section 5103.02 of the Revised Code, certified under section	35742
5103.03 of the Revised Code.	35743

(6) "Child" means a person who is under eighteen years of	35744
age, except that the juvenile court has jurisdiction over any	35745
person who is adjudicated an unruly child prior to attaining	35746
eighteen years of age until the person attains twenty-one years of	35747
age, and, for purposes of that jurisdiction related to that	35748
adjudication, a person who is so adjudicated an unruly child shall	35749
be deemed a "child" until the person attains twenty-one years of	35750
age.	35751

(7) "Child day camp," "child care," "child day-care center,"	35752
"part-time child day-care center," "type A family day-care home,"	35753
"certified type B family day-care home," "type B home,"	35754
"administrator of a child day-care center," "administrator of a	35755
type A family day-care home," "in-home aide," and "authorized	35756
provider" have the same meanings as in section 5104.01 of the	35757
Revised Code.	35758

(8) "Child care provider" means an individual who is a	35759
child-care staff member or administrator of a child day-care	35760
center, a type A family day-care home, or a type B family day-care	35761
home, or an in-home aide or an individual who is licensed, is	35762
regulated, is approved, operates under the direction of, or	35763
otherwise is certified by the department of job and family	35764
services, department of developmental disabilities, or the early	35765
childhood programs of the department of education.	35766

(9) "Chronic truant" has the same meaning as in section	35767
2152.02 of the Revised Code.	35768

(10) "Commit" means to vest custody as ordered by the court.

35769

(11) "Counseling" includes both of the following:

35770

(a) General counseling services performed by a public	35771
children services agency or shelter for victims of domestic	35772
violence to assist a child, a child's parents, and a child's	35773
siblings in alleviating identified problems that may cause or have	35774
caused the child to be an abused, neglected, or dependent child.	35775

(b) Psychiatric or psychological therapeutic counseling	35776
services provided to correct or alleviate any mental or emotional	35777
illness or disorder and performed by a licensed psychiatrist,	35778
licensed psychologist, or a person licensed under Chapter 4757. of	35779
the Revised Code to engage in social work or professional	35780
counseling.	35781

(12) "Custodian" means a person who has legal custody of a	35782
child or a public children services agency or private child	35783
placing agency that has permanent, temporary, or legal custody of	35784
a child.	35785

(13) "Delinquent child" has the same meaning as in section	35786
2152.02 of the Revised Code.	35787

(14) "Detention" means the temporary care of children pending	35788
court adjudication or disposition, or execution of a court order,	35789
in a public or private facility designed to physically restrict	35790
the movement and activities of children.	35791

(15) "Developmental disability" has the same meaning as in	35792
section 5123.01 of the Revised Code.	35793

(16) "Differential response approach" means an approach that	35794
a public children services agency may use to respond to accepted	35795
reports of child abuse or neglect with either an alternative	35796
response or a traditional response.	35797

(17) "Foster caregiver" has the same meaning as in section	35798
5103.02 of the Revised Code.	35799

(18) "Guardian" means a person, association, or corporation	35800
that is granted authority by a probate court pursuant to Chapter	35801
2111. of the Revised Code to exercise parental rights over a child	35802
to the extent provided in the court's order and subject to the	35803
residual parental rights of the child's parents.	35804

(19) "Habitual truant" means any child of compulsory school	35805
age who is absent without legitimate excuse for absence from the	35806
public school the child is supposed to attend for five or more	35807
consecutive school days, seven or more school days in one school	35808
month, or twelve or more school days in a school year.	35809

(20) "Juvenile traffic offender" has the same meaning as in	35810
section 2152.02 of the Revised Code.	35811

(21) "Legal custody" means a legal status that vests in the	35812
custodian the right to have physical care and control of the child	35813
and to determine where and with whom the child shall live, and the	35814
right and duty to protect, train, and discipline the child and to	35815
provide the child with food, shelter, education, and medical care,	35816
all subject to any residual parental rights, privileges, and	35817
responsibilities. An individual granted legal custody shall	35818
exercise the rights and responsibilities personally unless	35819
otherwise authorized by any section of the Revised Code or by the	35820
court.	35821

(22) A "legitimate excuse for absence from the public school	35822
the child is supposed to attend" includes, but is not limited to,	35823
any of the following:	35824

(a) The fact that the child in question has enrolled in and	35825
is attending another public or nonpublic school in this or another	35826
state;	35827

(b) The fact that the child in question is excused from	35828
attendance at school for any of the reasons specified in section	35829
3321.04 of the Revised Code;	35830

(c) The fact that the child in question has received an age	35831
and schooling certificate in accordance with section 3331.01 of	35832
the Revised Code.	35833

(23) "Mental illness" and "mentally ill person subject to	35834
hospitalization by court order" have the same meanings as in	35835
section 5122.01 of the Revised Code.	35836

(24) "Mental injury" means any behavioral, cognitive,	35837
emotional, or mental disorder in a child caused by an act or	35838
omission that is described in section 2919.22 of the Revised Code	35839
and is committed by the parent or other person responsible for the	35840
child's care.	35841

(25) "Mentally retarded person" has the same meaning as in	35842
section 5123.01 of the Revised Code.	35843

(26) "Nonsecure care, supervision, or training" means care,	35844
supervision, or training of a child in a facility that does not	35845
confine or prevent movement of the child within the facility or	35846
from the facility.	35847

(27) "Of compulsory school age" has the same meaning as in	35848
section 3321.01 of the Revised Code.	35849

(28) "Organization" means any institution, public,	35850
semipublic, or private, and any private association, society, or	35851
agency located or operating in the state, incorporated or	35852
unincorporated, having among its functions the furnishing of	35853
protective services or care for children, or the placement of	35854
children in certified foster homes or elsewhere.	35855

(29) "Out-of-home care" means detention facilities, shelter	35856
facilities, certified children's crisis care facilities, certified	35857
foster homes, placement in a prospective adoptive home prior to	35858
the issuance of a final decree of adoption, organizations,	35859
certified organizations, child day-care centers, type A family	35860
day-care homes, child care provided by type B family day-care home	35861
providers and by in-home aides, group home providers, group homes,	35862
institutions, state institutions, residential facilities,	35863
residential care facilities, residential camps, day camps, public	35864
schools, chartered nonpublic schools, educational service centers,	35865
hospitals, and medical clinics that are responsible for the care,	35866
physical custody, or control of children.	35867

(30) "Out-of-home care child abuse" means any of the	35868
following when committed by a person responsible for the care of a	35869
child in out-of-home care:	35870

(a) Engaging in sexual activity with a child in the person's	35871
care;	35872

(b) Denial to a child, as a means of punishment, of proper or	35873
necessary subsistence, education, medical care, or other care	35874
necessary for a child's health;	35875

(c) Use of restraint procedures on a child that cause injury	35876
or pain;	35877

(d) Administration of prescription drugs or psychotropic	35878
medication to the child without the written approval and ongoing	35879
supervision of a licensed physician;	35880

(e) Commission of any act, other than by accidental means,	35881
that results in any injury to or death of the child in out-of-home	35882
care or commission of any act by accidental means that results in	35883
an injury to or death of a child in out-of-home care and that is	35884
at variance with the history given of the injury or death.	35885

(31) "Out-of-home care child neglect" means any of the	35886
following when committed by a person responsible for the care of a	35887
child in out-of-home care:	35888

(a) Failure to provide reasonable supervision according to	35889
the standards of care appropriate to the age, mental and physical	35890
condition, or other special needs of the child;	35891

(b) Failure to provide reasonable supervision according to	35892
the standards of care appropriate to the age, mental and physical	35893
condition, or other special needs of the child, that results in	35894
sexual or physical abuse of the child by any person;	35895

35896

(i) Administration of prescription drugs or psychotropic	35897
drugs for the child;	35898

(ii) Assuring that the instructions of the licensed physician	35899
who prescribed a drug for the child are followed;	35900

(iii) Reporting to the licensed physician who prescribed the	35901
drug all unfavorable or dangerous side effects from the use of the	35902
drug.	35903

(d) Failure to provide proper or necessary subsistence,	35904
education, medical care, or other individualized care necessary	35905
for the health or well-being of the child;	35906

(e) Confinement of the child to a locked room without	35907
monitoring by staff;	35908

(f) Failure to provide ongoing security for all prescription	35909
and nonprescription medication;	35910

(g) Isolation of a child for a period of time when there is	35911
substantial risk that the isolation, if continued, will impair or	35912
retard the mental health or physical well-being of the child.	35913

(32) "Permanent custody" means a legal status that vests in a	35914
public children services agency or a private child placing agency,	35915
all parental rights, duties, and obligations, including the right	35916
to consent to adoption, and divests the natural parents or	35917
adoptive parents of all parental rights, privileges, and	35918
obligations, including all residual rights and obligations.	35919

(33) "Permanent surrender" means the act of the parents or,	35920
if a child has only one parent, of the parent of a child, by a	35921
voluntary agreement authorized by section 5103.15 of the Revised	35922
Code, to transfer the permanent custody of the child to a public	35923
children services agency or a private child placing agency.	35924

(34) "Person" means an individual, association, corporation,	35925
or partnership and the state or any of its political subdivisions,	35926
departments, or agencies.	35927

(35) "Person responsible for a child's care in out-of-home	35928
care" means any of the following:	35929

(a) Any foster caregiver, in-home aide, or provider;

35930

(b) Any administrator, employee, or agent of any of the	35931
following: a public or private detention facility; shelter	35932
facility; certified children's crisis care facility; organization;	35933
certified organization; child day-care center; type A family	35934
day-care home; certified type B family day-care home; group home;	35935
institution; state institution; residential facility; residential	35936
care facility; residential camp; day camp; school district;	35937
community school; chartered nonpublic school; educational service	35938
center; hospital; or medical clinic;	35939

(c) Any person who supervises or coaches children as part of	35940
an extracurricular activity sponsored by a school district, public	35941
school, or chartered nonpublic school;	35942

(d) Any other person who performs a similar function with	35943
respect to, or has a similar relationship to, children.	35944

(36) "Physically impaired" means having one or more of the	35945
following conditions that substantially limit one or more of an	35946
individual's major life activities, including self-care, receptive	35947
and expressive language, learning, mobility, and self-direction:	35948

(a) A substantial impairment of vision, speech, or hearing;

35949

(b) A congenital orthopedic impairment;

35950

(c) An orthopedic impairment caused by disease, rheumatic	35951
fever or any other similar chronic or acute health problem, or	35952
amputation or another similar cause.	35953

(37) "Placement for adoption" means the arrangement by a	35954
public children services agency or a private child placing agency	35955
with a person for the care and adoption by that person of a child	35956
of whom the agency has permanent custody.	35957

(38) "Placement in foster care" means the arrangement by a	35958
public children services agency or a private child placing agency	35959
for the out-of-home care of a child of whom the agency has	35960
temporary custody or permanent custody.	35961

(39) "Planned permanent living arrangement" means an order of	35962
a juvenile court pursuant to which both of the following apply:	35963

(a) The court gives legal custody of a child to a public	35964
children services agency or a private child placing agency without	35965
the termination of parental rights.	35966

(b) The order permits the agency to make an appropriate	35967
placement of the child and to enter into a written agreement with	35968
a foster care provider or with another person or agency with whom	35969
the child is placed.	35970

(40) "Practice of social work" and "practice of professional	35971
counseling" have the same meanings as in section 4757.01 of the	35972
Revised Code.	35973

(41) "Sanction, service, or condition" means a sanction,	35974
service, or condition created by court order following an	35975
adjudication that a child is an unruly child that is described in	35976
division (A)(4) of section 2152.19 of the Revised Code.	35977

(42) "Protective supervision" means an order of disposition	35978
pursuant to which the court permits an abused, neglected,	35979
dependent, or unruly child to remain in the custody of the child's	35980
parents, guardian, or custodian and stay in the child's home,	35981
subject to any conditions and limitations upon the child, the	35982
child's parents, guardian, or custodian, or any other person that	35983
the court prescribes, including supervision as directed by the	35984
court for the protection of the child.	35985

(43) "Psychiatrist" has the same meaning as in section	35986
5122.01 of the Revised Code.	35987

(44) "Psychologist" has the same meaning as in section	35988
4732.01 of the Revised Code.	35989

(45) "Residential camp" means a program in which the care,	35990
physical custody, or control of children is accepted overnight for	35991
recreational or recreational and educational purposes.	35992

(46) "Residential care facility" means an institution,	35993
residence, or facility that is licensed by the department of	35994
~~mental health~~mental health and addiction services under section	35995
~~5119.22~~5119.34 of the Revised Code and that provides care for a	35996
child.	35997

(47) "Residential facility" means a home or facility that is	35998
licensed by the department of developmental disabilities under	35999
section 5123.19 of the Revised Code and in which a child with a	36000
developmental disability resides.	36001

(48) "Residual parental rights, privileges, and	36002
responsibilities" means those rights, privileges, and	36003
responsibilities remaining with the natural parent after the	36004
transfer of legal custody of the child, including, but not	36005
necessarily limited to, the privilege of reasonable visitation,	36006
consent to adoption, the privilege to determine the child's	36007
religious affiliation, and the responsibility for support.	36008

(49) "School day" means the school day established by the	36009
state board of education pursuant to section 3313.48 of the	36010
Revised Code.	36011

(50) "School month" and "school year" have the same meanings	36012
as in section 3313.62 of the Revised Code.	36013

(51) "Secure correctional facility" means a facility under	36014
the direction of the department of youth services that is designed	36015
to physically restrict the movement and activities of children and	36016
used for the placement of children after adjudication and	36017
disposition.	36018

(52) "Sexual activity" has the same meaning as in section	36019
2907.01 of the Revised Code.	36020

(53) "Shelter" means the temporary care of children in	36021
physically unrestricted facilities pending court adjudication or	36022
disposition.	36023

(54) "Shelter for victims of domestic violence" has the same	36024
meaning as in section 3113.33 of the Revised Code.	36025

(55) "Temporary custody" means legal custody of a child who	36026
is removed from the child's home, which custody may be terminated	36027
at any time at the discretion of the court or, if the legal	36028
custody is granted in an agreement for temporary custody, by the	36029
person who executed the agreement.	36030

(56) "Traditional response" means a public children services	36031
agency's response to a report of child abuse or neglect that	36032
encourages engagement of the family in a comprehensive evaluation	36033
of the child's current and future safety needs and a fact-finding	36034
process to determine whether child abuse or neglect occurred and	36035
the circumstances surrounding the alleged harm or risk of harm.	36036

(C) For the purposes of this chapter, a child shall be	36037
presumed abandoned when the parents of the child have failed to	36038
visit or maintain contact with the child for more than ninety	36039
days, regardless of whether the parents resume contact with the	36040
child after that period of ninety days.	36041

Sec. 2151.3514. (A) As used in this section:

36042

(1) "~~Alcohol and drug~~Community addiction ~~program~~services	36043
provider" has the same meaning as in section ~~3793.01~~5119.01 of	36044
the Revised Code;	36045

(2) "Chemical dependency" means either of the following:

36046

(a) The chronic and habitual use of alcoholic beverages to	36047
the extent that the user no longer can control the use of alcohol	36048
or endangers the user's health, safety, or welfare or that of	36049
others;	36050

(b) The use of a drug of abuse to the extent that the user	36051
becomes physically or psychologically dependent on the drug or	36052
endangers the user's health, safety, or welfare or that of others.	36053

(3) "Drug of abuse" has the same meaning as in section	36054
3719.011 of the Revised Code.	36055

~~(4) "Medicaid" means the program established under Chapter~~	36056
~~5111. of the Revised Code.~~	36057

(B) If the juvenile court issues an order of temporary	36058
custody or protective supervision under division (A) of section	36059
2151.353 of the Revised Code with respect to a child adjudicated	36060
to be an abused, neglected, or dependent child and the alcohol or	36061
other drug addiction of a parent or other caregiver of the child	36062
was the basis for the adjudication of abuse, neglect, or	36063
dependency, the court shall issue an order requiring the parent or	36064
other caregiver to submit to an assessment and, if needed,	36065
treatment from ~~an alcohol and drug~~a community addiction ~~program~~	36066
services provider certified by the department of ~~alcohol and drug~~	36067
~~addiction services~~mental health and addiction services. The court	36068
may order the parent or other caregiver to submit to alcohol or	36069
other drug testing during, after, or both during and after, the	36070
treatment. The court shall send any order issued pursuant to this	36071
division to the public children services agency that serves the	36072
county in which the court is located for use as described in	36073
section 340.15 of the Revised Code.	36074

(C) Any order requiring alcohol or other drug testing that is	36075
issued pursuant to division (B) of this section shall require one	36076
alcohol or other drug test to be conducted each month during a	36077
period of twelve consecutive months beginning the month	36078
immediately following the month in which the order for alcohol or	36079
other drug testing is issued. Arrangements for administering the	36080
alcohol or other drug tests, as well as funding the costs of the	36081
tests, shall be locally determined in accordance with sections	36082
~~340.033~~340.03 and 340.15 of the Revised Code. If a parent or	36083
other caregiver required to submit to alcohol or other drug tests	36084
under this section is not a recipient of medicaid, the agency that	36085
refers the parent or caregiver for the tests may require the	36086
parent or caregiver to reimburse the agency for the cost of	36087
conducting the tests.	36088

(D) The certified ~~alcohol and drug~~community addiction	36089
~~program~~services provider that conducts any alcohol or other drug	36090
tests ordered in accordance with divisions (B) and (C) of this	36091
section shall send the results of the tests, along with the	36092
~~program's~~provider's recommendations as to the benefits of	36093
continued treatment, to the court and to the public children	36094
services agency providing services to the involved family,	36095
according to federal regulations set forth in 42 C.F.R. Part 2,	36096
and division (B) of section 340.15 of the Revised Code. The court	36097
shall consider the results and the recommendations sent to it	36098
under this division in any adjudication or review by the court,	36099
according to section 2151.353, 2151.414, or 2151.419 of the	36100
Revised Code.	36101

Sec. 2151.362. (A)(1) In the manner prescribed by division	36102
(C)(1) or (2) of section 3313.64 of the Revised Code, as	36103
applicable, the court, at the time of making any order that	36104
removes a child from the child's own home or that vests legal or	36105
permanent custody of the child in a person other than the child's	36106
parent or a government agency, shall determine the school district	36107
that is to bear the cost of educating the child. The court shall	36108
make the determination a part of the order that provides for the	36109
child's placement or commitment. That school district shall bear	36110
the cost of educating the child unless and until the department of	36111
education determines that a different district shall be	36112
responsible for bearing that cost pursuant to division (A)(2) of	36113
this section. The court's order shall state that the determination	36114
of which school district is responsible to bear the cost of	36115
educating the child is subject to re-determination by the	36116
department pursuant to that division.	36117

(2) If, while the child is in the custody of a person other	36118
than the child's parent or a government agency, the department of	36119
education determines that the place of residence of the child's	36120
parent has changed since the court issued its initial order, the	36121
department may name a different school district to bear the cost	36122
of educating the child. The department shall make this new	36123
determination, and any future determinations, based on evidence	36124
received from the school district currently responsible to bear	36125
the cost of educating the child. If the department finds that the	36126
evidence demonstrates to its satisfaction that the residence of	36127
the child's parent has changed since the court issued its initial	36128
order under division (A)(1) of this section, or since the	36129
department last made a determination under division (A)(2) of this	36130
section, the department shall name the district in which the	36131
child's parent currently resides or, if the parent's residence is	36132
not known, the district in which the parent's last known residence	36133
is located. If the department cannot determine any Ohio district	36134
in which the parent currently resides or has resided, the school	36135
district designated in the initial court order under division	36136
(A)(1) of this section, or in the most recent determination made	36137
by the department under division (A)(2) of this section, shall	36138
continue to bear the cost of educating the child.	36139

(B) Whenever a child is placed in a detention facility	36140
established under section 2152.41 of the Revised Code or a	36141
juvenile facility established under section 2151.65 of the Revised	36142
Code, the facility shall be responsible for coordinating the	36143
education of the child. The facility may take any of the following	36144
measures in coordinating the education of the child:	36145

(1) If applicable, use the chartered nonpublic school that	36146
the facility operates;	36147

(2) Arrange with the school district responsible for bearing	36148
the cost of educating the child determined under division (A) of	36149
this section, for the facility to educate the child on its own;	36150

(3) Contract with an educational service center for the	36151
service center to educate the child;	36152

(4) Contract with the school district in which the facility	36153
is located for that school district to educate the child;	36154

(5) If the child is enrolled in an internet- or	36155
computer-based community school established under Chapter 3314. of	36156
the Revised Code, and provided that the facility possesses the	36157
necessary hardware, software, and internet connectivity, permit	36158
continued instruction of the child by the internet- or	36159
computer-based community school.	36160

If the facility coordinates the education of the child	36161
pursuant to division (B)(1), (2), (3), or (4) of this section,	36162
child's school district as determined by the court or the	36163
department, in the same manner as prescribed in division (A) of	36164
this section, shall pay the cost of educating the child based on	36165
the per capita cost of the educational facility within the	36166
detention home or juvenile facility.	36167

If the facility coordinates the education of the child	36168
pursuant to division (B)(5) of this section, payment for the cost	36169
of educating the child shall be made only as provided in division	36170
(C) of section 3314.08 of the Revised Code.	36171

(C) Whenever a child is placed by the court in a private	36172
institution, school, or residential treatment center or any other	36173
private facility, the state shall pay to the court a subsidy to	36174
help defray the expense of educating the child in an amount equal	36175
to the product of the daily per capita educational cost of the	36176
private facility, as determined pursuant to this section, and the	36177
number of days the child resides at the private facility, provided	36178
that the subsidy shall not exceed twenty-five hundred dollars per	36179
year per child. The daily per capita educational cost of a private	36180
facility shall be determined by dividing the actual program cost	36181
of the private facility or twenty-five hundred dollars, whichever	36182
is less, by three hundred sixty-five days or by three hundred	36183
sixty-six days for years that include February twenty-ninth. The	36184
state shall pay seventy-five per cent of the total subsidy for	36185
each year quarterly to the court. The state may adjust the	36186
remaining twenty-five per cent of the total subsidy to be paid to	36187
the court for each year to an amount that is less than twenty-five	36188
per cent of the total subsidy for that year based upon the	36189
availability of funds appropriated to the department of education	36190
for the purpose of subsidizing courts that place a child in a	36191
private institution, school, or residential treatment center or	36192
any other private facility and shall pay that adjusted amount to	36193
the court at the end of the year.	36194

Sec. 2151.83. (A) A public children services agency or	36195
private child placing agency, on the request of a young adult,	36196
shall enter into a jointly prepared written agreement with the	36197
young adult that obligates the agency to ensure that independent	36198
living services are provided to the young adult and sets forth the	36199
responsibilities of the young adult regarding the services. The	36200
agreement shall be developed based on the young adult's strengths,	36201
needs, and circumstances. The agreement shall be designed to	36202
promote the young adult's successful transition to independent	36203
adult living and emotional and economic self-sufficiency.	36204

(B) If the young adult appears to be eligible for services	36205
from one or more of the following entities, the agency must	36206
contact the appropriate entity to determine eligibility:	36207

(1) An entity, other than the agency, that is represented on	36208
a county family and children first council established pursuant to	36209
section 121.37 of the Revised Code. If the entity is a board of	36210
alcohol, drug addiction, and mental health services, an alcohol	36211
and drug addiction services board, or a community mental health	36212
board, the agency shall contact the provider of alcohol, drug	36213
addiction, or mental health services that has been designated by	36214
the board to determine the young adult's eligibility for services.	36215

(2) The ~~rehabilitation services commission~~opportunities for	36216
Ohioans with disabilities agency;	36217

(3) A metropolitan housing authority established pursuant to	36218
section 3735.27 of the Revised Code.	36219

If an entity described in this division determines that the	36220
young adult qualifies for services from the entity, that entity,	36221
the young adult, and the agency to which the young adult made the	36222
request for independent living services shall enter into a written	36223
addendum to the jointly prepared agreement entered into under	36224
division (A) of this section. The addendum shall indicate how	36225
services under the agreement and addendum are to be coordinated	36226
and allocate the service responsibilities among the entities and	36227
agency that signed the addendum.	36228

Sec. 2151.86. (A)(1) The appointing or hiring officer of any	36229
entity that appoints or employs any person responsible for a	36230
child's care in out-of-home care shall request the superintendent	36231
of BCII to conduct a criminal records check with respect to any	36232
person who is under final consideration for appointment or	36233
employment as a person responsible for a child's care in	36234
out-of-home care, except that section 3319.39 of the Revised Code	36235
shall apply instead of this section if the out-of-home care entity	36236
is a public school, educational service center, or chartered	36237
nonpublic school.	36238

(2) At the times specified in this division, the	36239
administrative director of an agency, or attorney, who arranges an	36240
adoption for a prospective adoptive parent shall request the	36241
superintendent of BCII to conduct a criminal records check with	36242
respect to that prospective adoptive parent and a criminal records	36243
check with respect to all persons eighteen years of age or older	36244
who reside with the prospective adoptive parent. The	36245
administrative director or attorney shall request a criminal	36246
records check pursuant to this division at the time of the initial	36247
home study, every four years after the initial home study at the	36248
time of an update, and at the time that an adoptive home study is	36249
completed as a new home study.	36250

(3) Before a recommending agency submits a recommendation to	36251
the department of job and family services on whether the	36252
department should issue a certificate to a foster home under	36253
section 5103.03 of the Revised Code, and every four years	36254
thereafter prior to a recertification under that section, the	36255
administrative director of the agency shall request that the	36256
superintendent of BCII conduct a criminal records check with	36257
respect to the prospective foster caregiver and a criminal records	36258
check with respect to all other persons eighteen years of age or	36259
older who reside with the foster caregiver.	36260

(B)(1) If a person subject to a criminal records check under	36261
division (A)(1) of this section does not present proof that the	36262
person has been a resident of this state for the five-year period	36263
immediately prior to the date upon which the criminal records	36264
check is requested or does not provide evidence that within that	36265
five-year period the superintendent of BCII has requested	36266
information about the person from the federal bureau of	36267
investigation in a criminal records check, the appointing or	36268
hiring officer shall request that the superintendent of BCII	36269
obtain information from the federal bureau of investigation as a	36270
part of the criminal records check, including fingerprint-based	36271
checks of national crime information databases as described in 42	36272
U.S.C. 671. If a person subject to a criminal records check under	36273
division (A)(1) of this section presents proof that the person has	36274
been a resident of this state for that five-year period, the	36275
appointing or hiring officer or attorney may request that the	36276
superintendent of BCII include information from the federal bureau	36277
of investigation in the criminal records check, including	36278
fingerprint-based checks of national crime information databases	36279
as described in 42 U.S.C. 671.	36280

When the administrative director of an agency, or attorney,	36281
who arranges an adoption for a prospective parent requests, at the	36282
time of the initial home study, a criminal records check for a	36283
person pursuant to division (A)(2) of this section, the	36284
administrative director or attorney shall request that the	36285
superintendent of BCII obtain information from the federal bureau	36286
of investigation as part of the criminal records check, including	36287
fingerprint-based checks of national crime information databases	36288
as described in 42 U.S.C. 671, for the person subject to the	36289
criminal records check. In all other cases in which the	36290
administrative director of an agency, or attorney, who arranges an	36291
adoption for a prospective parent requests a criminal records	36292
check for a person pursuant to division (A)(2) of this section,	36293
the administrative director or attorney may request that the	36294
superintendent of BCII include information from the federal bureau	36295
of investigation in the criminal records check, including	36296
fingerprint-based checks of national crime information databases	36297
as described in 42 U.S.C. 671.	36298

When the administrative director of a recommending agency	36299
requests, before submitting a recommendation to the department of	36300
job and family services on whether the department should issue a	36301
certificate to a foster home under section 5103.03 of the Revised	36302
Code, a criminal records check for a person pursuant to division	36303
(A)(3) of this section, the administrative director shall request	36304
that the superintendent of BCII obtain information from the	36305
federal bureau of investigation as part of a criminal records	36306
check, including fingerprint-based checks of national crime	36307
information databases as described in 42 U.S.C. 671, for the	36308
person subject to the criminal records check. In all other cases	36309
in which the administrative director of a recommending agency	36310
requests a criminal records check for a person pursuant to	36311
division (A)(3) of this section, the administrative director may	36312
request that the superintendent of BCII include information from	36313
the federal bureau of investigation in the criminal records check,	36314
including fingerprint-based checks of national crime information	36315
databases as described in 42 U.S.C. 671.	36316

Prior to a hearing on a final decree of adoption or	36317
interlocutory order of adoption by a probate court, the	36318
administrative director of an agency, or an attorney, who arranges	36319
an adoption for a prospective parent shall provide to the clerk of	36320
the probate court either of the following:	36321

(a) Any information received pursuant to a request made under	36322
this division from the superintendent of BCII or the federal	36323
bureau of investigation as part of the criminal records check,	36324
including fingerprint-based checks of national crime information	36325
databases as described in 42 U.S.C. 671, for the person subject to	36326
the criminal records check;	36327

(b) Written notification that the person subject to a	36328
criminal records check pursuant to this division failed upon	36329
request to provide the information necessary to complete the form	36330
or failed to provide impressions of the person's fingerprints as	36331
required under division (B)(2) of this section.	36332

(2) An appointing or hiring officer, administrative director,	36333
or attorney required by division (A) of this section to request a	36334
criminal records check shall provide to each person subject to a	36335
criminal records check a copy of the form prescribed pursuant to	36336
division (C)(1) of section 109.572 of the Revised Code and a	36337
standard impression sheet to obtain fingerprint impressions	36338
prescribed pursuant to division (C)(2) of section 109.572 of the	36339
Revised Code, obtain the completed form and impression sheet from	36340
the person, and forward the completed form and impression sheet to	36341
the superintendent of BCII at the time the criminal records check	36342
is requested.	36343

Any person subject to a criminal records check who receives	36344
pursuant to this division a copy of the form prescribed pursuant	36345
to division (C)(1) of section 109.572 of the Revised Code and a	36346
copy of an impression sheet prescribed pursuant to division (C)(2)	36347
of that section and who is requested to complete the form and	36348
provide a set of fingerprint impressions shall complete the form	36349
or provide all the information necessary to complete the form and	36350
shall provide the impression sheet with the impressions of the	36351
person's fingerprints. If a person subject to a criminal records	36352
check, upon request, fails to provide the information necessary to	36353
complete the form or fails to provide impressions of the person's	36354
fingerprints, the appointing or hiring officer shall not appoint	36355
or employ the person as a person responsible for a child's care in	36356
out-of-home care, a probate court may not issue a final decree of	36357
adoption or an interlocutory order of adoption making the person	36358
an adoptive parent, and the department of job and family services	36359
shall not issue a certificate authorizing the prospective foster	36360
caregiver to operate a foster home.	36361

(C)(1) No appointing or hiring officer shall appoint or	36362
employ a person as a person responsible for a child's care in	36363
out-of-home care, the department of job and family services shall	36364
not issue a certificate under section 5103.03 of the Revised Code	36365
authorizing a prospective foster caregiver to operate a foster	36366
home, and no probate court shall issue a final decree of adoption	36367
or an interlocutory order of adoption making a person an adoptive	36368
parent if the person or, in the case of a prospective foster	36369
caregiver or prospective adoptive parent, any person eighteen	36370
years of age or older who resides with the prospective foster	36371
caregiver or prospective adoptive parent previously has been	36372
convicted of or pleaded guilty to any of the violations described	36373
in division (A)(4) of section 109.572 of the Revised Code, unless	36374
the person meets rehabilitation standards established in rules	36375
adopted under division (F) of this section.	36376

(2) The appointing or hiring officer may appoint or employ a	36377
person as a person responsible for a child's care in out-of-home	36378
care conditionally until the criminal records check required by	36379
this section is completed and the officer receives the results of	36380
the criminal records check. If the results of the criminal records	36381
check indicate that, pursuant to division (C)(1) of this section,	36382
the person subject to the criminal records check does not qualify	36383
for appointment or employment, the officer shall release the	36384
person from appointment or employment.	36385

(3) Prior to certification or recertification under section	36386
5103.03 of the Revised Code, the prospective foster caregiver	36387
subject to a criminal records check under division (A)(3) of this	36388
section shall notify the recommending agency of the revocation of	36389
any foster home license, certificate, or other similar	36390
authorization in another state occurring within the five years	36391
prior to the date of application to become a foster caregiver in	36392
this state. The failure of a prospective foster caregiver to	36393
notify the recommending agency of any revocation of that type in	36394
another state that occurred within that five-year period shall be	36395
grounds for denial of the person's foster home application or the	36396
revocation of the person's foster home certification, whichever is	36397
applicable. If a person has had a revocation in another state	36398
within the five years prior to the date of the application, the	36399
department of job and family services shall not issue a foster	36400
home certificate to the prospective foster caregiver.	36401

(D) The appointing or hiring officer, administrative	36402
director, or attorney shall pay to the bureau of criminal	36403
identification and investigation the fee prescribed pursuant to	36404
division (C)(3) of section 109.572 of the Revised Code for each	36405
criminal records check conducted in accordance with that section	36406
upon a request pursuant to division (A) of this section. The	36407
officer, director, or attorney may charge the person subject to	36408
the criminal records check a fee for the costs the officer,	36409
director, or attorney incurs in obtaining the criminal records	36410
check. A fee charged under this division shall not exceed the	36411
amount of fees the officer, director, or attorney pays for the	36412
criminal records check. If a fee is charged under this division,	36413
the officer, director, or attorney shall notify the person who is	36414
the applicant at the time of the person's initial application for	36415
appointment or employment, an adoption to be arranged, or a	36416
certificate to operate a foster home of the amount of the fee and	36417
that, unless the fee is paid, the person who is the applicant will	36418
not be considered for appointment or employment or as an adoptive	36419
parent or foster caregiver.	36420

(E) The report of any criminal records check conducted by the	36421
bureau of criminal identification and investigation in accordance	36422
with section 109.572 of the Revised Code and pursuant to a request	36423
made under division (A) of this section is not a public record for	36424
the purposes of section 149.43 of the Revised Code and shall not	36425
be made available to any person other than the following:	36426

(1) The person who is the subject of the criminal records	36427
check or the person's representative;	36428

(2) The appointing or hiring officer, administrative	36429
director, or attorney requesting the criminal records check or the	36430
officer's, director's, or attorney's representative;	36431

(3) The department of job and family services, a county	36432
department of job and family services, or a public children	36433
services agency;	36434

(4) Any court, hearing officer, or other necessary individual	36435
involved in a case dealing with the denial of employment, a final	36436
decree of adoption or interlocutory order of adoption, or a foster	36437
home certificate.	36438

(F) The director of job and family services shall adopt rules	36439
in accordance with Chapter 119. of the Revised Code to implement	36440
this section. The rules shall include rehabilitation standards a	36441
person who has been convicted of or pleaded guilty to an offense	36442
listed in division (A)(4) of section 109.572 of the Revised Code	36443
must meet for an appointing or hiring officer to appoint or employ	36444
the person as a person responsible for a child's care in	36445
out-of-home care, a probate court to issue a final decree of	36446
adoption or interlocutory order of adoption making the person an	36447
adoptive parent, or the department to issue a certificate	36448
authorizing the prospective foster caregiver to operate a foster	36449
home or not revoke a foster home certificate for a violation	36450
specified in section 5103.0328 of the Revised Code.	36451

(G) An appointing or hiring officer, administrative director,	36452
or attorney required by division (A) of this section to request a	36453
criminal records check shall inform each person who is the	36454
applicant, at the time of the person's initial application for	36455
appointment or employment, an adoption to be arranged, or a foster	36456
home certificate, that the person subject to the criminal records	36457
check is required to provide a set of impressions of the person's	36458
fingerprints and that a criminal records check is required to be	36459
conducted and satisfactorily completed in accordance with section	36460
109.572 of the Revised Code.	36461

(H) ~~The department of job and family services may waive the~~	36462
~~requirement that a criminal records check based on fingerprints be~~	36463
~~conducted for an adult resident of a prospective adoptive or~~	36464
~~foster home or the home of a foster caregiver if the recommending~~	36465
~~agency documents to the department's satisfaction that the adult~~	36466
~~resident is physically unable to comply with the fingerprinting~~	36467
~~requirement and poses no danger to foster children or adoptive~~	36468
~~children who may be placed in the home. In such cases, the~~	36469
~~recommending or approving agency shall request that the bureau of~~	36470
~~criminal identification and investigation conduct a criminal~~	36471
~~records check using the person's name and social security number.~~	36472

~~(I)~~ As used in this section:

36473

(1) "Children's hospital" means any of the following:

36474

(a) A hospital registered under section 3701.07 of the	36475
Revised Code that provides general pediatric medical and surgical	36476
care, and in which at least seventy-five per cent of annual	36477
inpatient discharges for the preceding two calendar years were	36478
individuals less than eighteen years of age;	36479

(b) A distinct portion of a hospital registered under section	36480
3701.07 of the Revised Code that provides general pediatric	36481
medical and surgical care, has a total of at least one hundred	36482
fifty registered pediatric special care and pediatric acute care	36483
beds, and in which at least seventy-five per cent of annual	36484
inpatient discharges for the preceding two calendar years were	36485
individuals less than eighteen years of age;	36486

(c) A distinct portion of a hospital, if the hospital is	36487
registered under section 3701.07 of the Revised Code as a	36488
children's hospital and the children's hospital meets all the	36489
requirements of division ~~(I)~~(H)(1)(a) of this section.	36490

(2) "Criminal records check" has the same meaning as in	36491
section 109.572 of the Revised Code.	36492

(3) "Person responsible for a child's care in out-of-home	36493
care" has the same meaning as in section 2151.011 of the Revised	36494
Code, except that it does not include a prospective employee of	36495
the department of youth services or a person responsible for a	36496
child's care in a hospital or medical clinic other than a	36497
children's hospital.	36498

(4) "Person subject to a criminal records check" means the	36499
following:	36500

(a) A person who is under final consideration for appointment	36501
or employment as a person responsible for a child's care in	36502
out-of-home care;	36503

(b) A prospective adoptive parent;

36504

36505

(d) A person eighteen years old or older who resides with a	36506
prospective foster caregiver or a prospective adoptive parent.	36507

(5) "Recommending agency" means a public children services	36508
agency, private child placing agency, or private noncustodial	36509
agency to which the department of job and family services has	36510
delegated a duty to inspect and approve foster homes.	36511

(6) "Superintendent of BCII" means the superintendent of the	36512
bureau of criminal identification and investigation.	36513

Sec. 2152.54. (A) An evaluation of a child who does not	36514
appear to the court to be a person who is at least moderately	36515
intellectually disabled shall be made by an evaluator who is one	36516
of the following:	36517

(1) A professional employed by a psychiatric facility or	36518
center certified by the department of ~~mental health~~mental health	36519
and addiction services to provide forensic services and appointed	36520
by the director of the facility or center to conduct the	36521
evaluation;	36522

(2) A psychiatrist or a licensed clinical psychologist who	36523
satisfies the criteria of division (I)(1) of section 5122.01 of	36524
the Revised Code and has specialized education, training, or	36525
experience in forensic evaluations of children or adolescents.	36526

(B) An evaluation of a child who appears to the court to be a	36527
person who is at least moderately intellectually disabled shall be	36528
made by a psychiatrist or licensed clinical psychologist who	36529
satisfies the criteria of division (I)(1) of section 5122.01 of	36530
the Revised Code and has specialized education, training, or	36531
experience in forensic evaluations of children or adolescents who	36532
have intellectual disability.	36533

(C) If an evaluation is conducted by an evaluator of the type	36534
described in division (A)(1) or (2) of this section and the	36535
evaluator concludes that the child is a person who is at least	36536
moderately intellectually disabled, the evaluator shall	36537
discontinue the evaluation and notify the court within one	36538
business day after reaching the conclusion. Within two business	36539
days after receiving notification, the court shall order the child	36540
to undergo an evaluation by an evaluator of the type described in	36541
division (B) of this section. Within two business days after the	36542
appointment of the new evaluator, the original evaluator shall	36543
deliver to the new evaluator all information relating to the child	36544
obtained during the original evaluation.	36545

Sec. 2152.59. (A) If after a hearing held pursuant to	36546
section 2152.58 of the Revised Code the court determines that a	36547
child is competent, the court shall proceed with the delinquent	36548
child's proceeding as provided by law. No statement that a child	36549
makes during an evaluation or hearing conducted under sections	36550
2152.51 through 2152.59 of the Revised Code shall be used against	36551
the child on the issue of responsibility or guilt in any child or	36552
adult proceeding.	36553

(B) If after a hearing held pursuant to section 2152.58 of	36554
the Revised Code the court determines that the child is not	36555
competent and cannot attain competency within the period of time	36556
applicable under division (D)(2) of this section, the court shall	36557
dismiss the charges without prejudice, except that the court may	36558
delay dismissal for up to ninety calendar days and do either of	36559
the following:	36560

(1) Refer the matter to a public children services agency and	36561
request that agency determine whether to file an action in	36562
accordance with section 2151.27 of the Revised Code alleging that	36563
the child is a dependent, neglected, or abused child;	36564

(2) Assign court staff to refer the child or the child's	36565
family to the local family and children first council or an agency	36566
funded by the department of ~~mental health~~mental health and	36567
addiction services or department of developmental disabilities or	36568
otherwise secure services to reduce the potential that the child	36569
would engage in behavior that could result in delinquent child or	36570
other criminal charges.	36571

(C) If after a hearing held pursuant to section 2152.58 of	36572
the Revised Code the court determines that a child is not	36573
competent but could likely attain competency by participating in	36574
services specifically designed to help the child develop	36575
competency, the court may order the child to participate in	36576
services specifically designed to help the child develop	36577
competency at county expense. The court shall name a reliable	36578
provider to deliver the competency attainment services and shall	36579
order the child's parent, guardian, or custodian to contact that	36580
provider by a specified date to arrange for services.	36581

(D) The competency attainment services provided to a child	36582
shall be based on a competency attainment plan described in	36583
division (E)(2) of this section and approved by the court.	36584
Services are subject to the following conditions and time periods	36585
measured from the date the court approves the plan:	36586

(1) Services shall be provided in the least restrictive	36587
setting that is consistent with the child's ability to attain	36588
competency and the safety of both the child and the community. If	36589
the child has been released on temporary or interim orders and	36590
refuses or fails to cooperate with the service provider, the court	36591
may reassess the orders and amend them to require a more	36592
appropriate setting.	36593

(2) No child shall be required to participate in competency	36594
attainment services for longer than is required for the child to	36595
attain competency. The following maximum periods of participation	36596
apply:	36597

(a) If a child is ordered to participate in competency	36598
attainment services that are provided outside of a residential	36599
setting, the child shall not participate in those services for a	36600
period exceeding three months if the child is charged with an act	36601
that would be a misdemeanor if committed by an adult, six months	36602
if the child is charged with an act that would be a felony of the	36603
third, fourth, or fifth degree if committed by an adult, or one	36604
year if the child is charged with an act that would be a felony of	36605
the first or second degree, aggravated murder, or murder if	36606
committed by an adult.	36607

(b) If a child is ordered to receive competency attainment	36608
services that are provided in a residential setting that is	36609
operated solely or in part for the purpose of providing competency	36610
attainment services, the child shall not participate in those	36611
services for a period exceeding forty-five calendar days if the	36612
child is charged with an act that would be a misdemeanor if	36613
committed by an adult, three months if the child is charged with	36614
an act that would be a felony of the third, fourth, or fifth	36615
degree if committed by an adult, six months if the child is	36616
charged with an act that would be a felony of the first or second	36617
degree if committed by an adult, or one year if the child is	36618
charged with an act that would be aggravated murder or murder if	36619
committed by an adult.	36620

(c) If a child is ordered into a residential, detention, or	36621
other secured setting for reasons other than to participate in	36622
competency attainment services and is also ordered to participate	36623
in competency attainment services concurrently, the child shall	36624
participate in the competency attainment services for not longer	36625
than the relevant period set forth in division (D)(2)(a) of this	36626
section.	36627

(d) If a child is ordered to participate in competency	36628
attainment services that require the child to live for some but	36629
not all of the duration of the services in a residential setting	36630
that is operated solely or in part for the purpose of providing	36631
competency attainment services, the child shall participate in the	36632
competency attainment services for not longer than the relevant	36633
period set forth in division (D)(2)(b) of this section. For the	36634
purpose of calculating a time period under division (D)(2)(d) of	36635
this section, two days of participation in a nonresidential	36636
setting shall equal one day of participation in a residential	36637
setting.	36638

(3) A child who receives competency attainment services in a	36639
residential setting that is operated solely or partly for the	36640
purpose of providing competency attainment services is in	36641
detention for purposes of section 2921.34 and division (B) of	36642
section 2152.18 of the Revised Code during the time that the child	36643
resides in the residential setting.	36644

(E)(1) Within ten business days after the court names the	36645
provider responsible for the child's competency attainment	36646
services under division (D) of this section, the court shall	36647
deliver to that provider a copy of each competency assessment	36648
report it has received for review. The provider shall return the	36649
copies of the reports to the court upon the termination of the	36650
services.	36651

(2) Not later than thirty calendar days after the child	36652
contacts the competency attainment services provider under	36653
division (C) of this section, the provider shall submit to the	36654
court a plan for the child to attain competency. The court shall	36655
provide copies of the plan to the prosecuting attorney, the	36656
child's attorney, the child's guardian ad litem, if any, and the	36657
child's parents, guardian, or custodian.	36658

(F) The provider that provides the child's competency	36659
attainment services pursuant to the competency attainment plan	36660
shall submit reports to the court on the following schedule:	36661

(1) A report on the child's progress every thirty calendar	36662
days and on the termination of services. The report shall not	36663
include any details of the alleged offense as reported by the	36664
child.	36665

(2) If the provider determines that the child is not	36666
cooperating to a degree that would allow the services to be	36667
effective to help the child attain competency, a report informing	36668
the court of the determination within three business days after	36669
making the determination;	36670

(3) If the provider determines that the current setting is no	36671
longer the least restrictive setting that is consistent with the	36672
child's ability to attain competency and the safety of both the	36673
child and the community, a report informing the court of the	36674
determination within three business days after making the	36675
determination;	36676

(4) If the provider determines that the child has achieved	36677
the goals of the plan and would be able to understand the nature	36678
and objectives of the proceeding against the child and to assist	36679
in the child's defense, with or without reasonable accommodations	36680
to meet the criteria set forth in division (B) of section 2152.56	36681
of the Revised Code, a report informing the court of that	36682
determination within three business days after making the	36683
determination. If the provider believes that accommodations would	36684
be necessary or desirable, the report shall include	36685
recommendations for accommodations.	36686

(5) If the provider determines that the child will not	36687
achieve the goals of the plan within the applicable period of time	36688
under division (D)(2) of this section, a report informing the	36689
court of the determination within three business days after making	36690
the determination. The report shall include recommendations for	36691
services for the child that would support the safety of the child	36692
or the community.	36693

(G) The court shall provide copies of any report made under	36694
division (F) of this section to the prosecuting attorney, the	36695
child's attorney, and the child's guardian ad litem, if any. The	36696
court shall provide copies of any report made under division (F)	36697
of this section to the child's parents, guardian, or custodian	36698
unless the court finds that doing so is not in the best interest	36699
of the child.	36700

(H)(1) Within fifteen business days after receiving a report	36701
under division (F) of this section, the court may hold a hearing	36702
to determine if a new order is necessary. To assist in making a	36703
determination under division (H) of this section, the court may	36704
order a new competency evaluation in accordance with section	36705
2152.53 of the Revised Code. Until a new order is issued or the	36706
required period of participation expires, the child shall continue	36707
to participate in competency attainment services.	36708

(2) If after a hearing held under division (H)(1) of this	36709
section the court determines that the child is not making progress	36710
toward competency or is so uncooperative that attainment services	36711
cannot be effective, the court may order a change in setting or	36712
services that would help the child attain competency within the	36713
relevant period of time under division (D)(2) of this section.	36714

(3) If after a hearing held under division (H)(1) of this	36715
section the court determines that the child has not or will not	36716
attain competency within the relevant period of time under	36717
division (D)(2) of this section, the court shall dismiss the	36718
delinquency complaint without prejudice, except that the court may	36719
delay dismissal for up to ninety calendar days and do either of	36720
the following:	36721

(a) Refer the matter to a public children services agency and	36722
request that agency determine whether to file an action in	36723
accordance with section 2151.27 of the Revised Code alleging that	36724
the child is a dependent, neglected, or abused child;	36725

(b) Assign court staff to refer the child or the child's	36726
family to the local family and children first council or an agency	36727
funded by the department of ~~mental health~~mental health and	36728
addiction services or department of developmental disabilities or	36729
otherwise secure services to reduce the potential that the child	36730
would engage in behavior that could result in delinquency or other	36731
criminal charges.	36732

(4) A dismissal under division (H)(3) of this section does	36733
not preclude a future delinquent child proceeding or criminal	36734
prosecution as provided under section 2151.23 of the Revised Code	36735
if the child eventually attains competency.	36736

(5) If after a hearing held under division (H)(1) of this	36737
section the court determines that the child has attained	36738
competency, the court shall proceed with the delinquent child's	36739
proceeding in accordance with division (A) of this section.	36740

(6) A dismissal under this section does not bar a civil	36741
action based on the acts or omissions that formed the basis of the	36742
complaint.	36743

Sec. 2303.201. (A)(1) The court of common pleas of any	36744
county may determine that for the efficient operation of the court	36745
additional funds are required to computerize the court, to make	36746
available computerized legal research services, or to do both.	36747
Upon making a determination that additional funds are required for	36748
either or both of those purposes, the court shall authorize and	36749
direct the clerk of the court of common pleas to charge one	36750
additional fee, not to exceed six dollars, on the filing of each	36751
cause of action or appeal under divisions (A), (Q), and (U) of	36752
section 2303.20 of the Revised Code.	36753

(2) All fees collected under division (A)(1) of this section	36754
shall be paid to the county treasurer. The treasurer shall place	36755
the funds from the fees in a separate fund to be disbursed either	36756
upon an order of the court, subject to an appropriation by the	36757
board of county commissioners, or upon an order of the court,	36758
subject to the court making an annual report available to the	36759
public listing the use of all such funds, in an amount not greater	36760
than the actual cost to the court of procuring and maintaining	36761
computerization of the court, computerized legal research	36762
services, or both.	36763

(3) If the court determines that the funds in the fund	36764
described in division (A)(2) of this section are more than	36765
sufficient to satisfy the purpose for which the additional fee	36766
described in division (A)(1) of this section was imposed, the	36767
court may declare a surplus in the fund and, subject to an	36768
appropriation by the board of county commissioners, expend those	36769
surplus funds, or upon an order of the court, subject to the court	36770
making an annual report available to the public listing the use of	36771
all such funds, expend those surplus funds, for other appropriate	36772
technological expenses of the court.	36773

(B)(1) The court of common pleas of any county may determine	36774
that, for the efficient operation of the court, additional funds	36775
are required to make technological advances in or to computerize	36776
the office of the clerk of the court of common pleas and, upon	36777
that determination, authorize and direct the clerk of the court of	36778
common pleas to charge an additional fee, not to exceed twenty	36779
dollars, on the filing of each cause of action or appeal, on the	36780
filing, docketing, and endorsing of each certificate of judgment,	36781
or on the docketing and indexing of each aid in execution or	36782
petition to vacate, revive, or modify a judgment under divisions	36783
(A), (P), (Q), (T), and (U) of section 2303.20 of the Revised Code	36784
and not to exceed one dollar each for the services described in	36785
divisions (B), (C), (D), (F), (H), and (L) of section 2303.20 of	36786
the Revised Code. Subject to division (B)(2) of this section, all	36787
moneys collected under division (B)(1) of this section shall be	36788
paid to the county treasurer to be disbursed, upon an order of the	36789
court of common pleas and subject to appropriation by the board of	36790
county commissioners, in an amount no greater than the actual cost	36791
to the court of procuring and maintaining technology and computer	36792
systems for the office of the clerk of the court of common pleas.	36793

(2) If the court of common pleas of a county makes the	36794
determination described in division (B)(1) of this section, the	36795
board of county commissioners of that county may issue one or more	36796
general obligation bonds for the purpose of procuring and	36797
maintaining the technology and computer systems for the office of	36798
the clerk of the court of common pleas. In addition to the	36799
purposes stated in division (B)(1) of this section for which the	36800
moneys collected under that division may be expended, the moneys	36801
additionally may be expended to pay debt charges on and financing	36802
costs related to any general obligation bonds issued pursuant to	36803
division (B)(2) of this section as they become due. General	36804
obligation bonds issued pursuant to division (B)(2) of this	36805
section are Chapter 133. securities.	36806

(C) The court of common pleas shall collect the sum of	36807
twenty-six dollars as additional filing fees in each new civil	36808
action or proceeding for the charitable public purpose of	36809
providing financial assistance to legal aid societies that operate	36810
within the state and to support the office of the state public	36811
defender. This division does not apply to proceedings concerning	36812
annulments, dissolutions of marriage, divorces, legal separation,	36813
spousal support, marital property or separate property	36814
distribution, support, or other domestic relations matters; to a	36815
juvenile division of a court of common pleas; to a probate	36816
division of a court of common pleas, except that the additional	36817
filing fees shall apply to name change, guardianship, adoption,	36818
and decedents' estate proceedings; or to an execution on a	36819
judgment, proceeding in aid of execution, or other post-judgment	36820
proceeding arising out of a civil action. The filing fees required	36821
to be collected under this division shall be in addition to any	36822
other filing fees imposed in the action or proceeding and shall be	36823
collected at the time of the filing of the action or proceeding.	36824
The court shall not waive the payment of the additional filing	36825
fees in a new civil action or proceeding unless the court waives	36826
the advanced payment of all filing fees in the action or	36827
proceeding. All such moneys collected during a month except for an	36828
amount equal to up to one per cent of those moneys retained to	36829
cover administrative costs shall be transmitted on or before the	36830
twentieth day of the following month by the clerk of the court to	36831
the treasurer of state in a manner prescribed by the treasurer of	36832
state or by the Ohio legal assistance foundation. The treasurer of	36833
state shall deposit four per cent of the funds collected under	36834
this division to the credit of the civil case filing fee fund	36835
established under section 120.07 of the Revised Code and	36836
ninety-six per cent of the funds collected under this division to	36837
the credit of the legal aid fund established under section 120.52	36838
of the Revised Code.	36839

The court may retain up to one per cent of the moneys it	36840
collects under this division to cover administrative costs,	36841
including the hiring of any additional personnel necessary to	36842
implement this division. If the court fails to transmit to the	36843
treasurer of state the moneys the court collects under this	36844
division in a manner prescribed by the treasurer of state or by	36845
the Ohio legal assistance foundation, the court shall forfeit the	36846
moneys the court retains under this division to cover	36847
administrative costs, including the hiring of any additional	36848
personnel necessary to implement this division, and shall transmit	36849
to the treasurer of state all moneys collected under this	36850
division, including the forfeited amount retained for	36851
administrative costs, for deposit in the legal aid fund.	36852

(D) On and after the thirtieth day after December 9, 1994,	36853
the court of common pleas shall collect the sum of thirty-two	36854
dollars as additional filing fees in each new action or proceeding	36855
for annulment, divorce, or dissolution of marriage for the purpose	36856
of funding shelters for victims of domestic violence pursuant to	36857
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	36858
required to be collected under this division shall be in addition	36859
to any other filing fees imposed in the action or proceeding and	36860
shall be collected at the time of the filing of the action or	36861
proceeding. The court shall not waive the payment of the	36862
additional filing fees in a new action or proceeding for	36863
annulment, divorce, or dissolution of marriage unless the court	36864
waives the advanced payment of all filing fees in the action or	36865
proceeding. On or before the twentieth day of each month, all	36866
moneys collected during the immediately preceding month pursuant	36867
to this division shall be deposited by the clerk of the court into	36868
the county treasury in the special fund used for deposit of	36869
additional marriage license fees as described in section 3113.34	36870
of the Revised Code. Upon their deposit into the fund, the moneys	36871
shall be retained in the fund and expended only as described in	36872
section 3113.34 of the Revised Code.	36873

(E)(1) The court of common pleas may determine that, for the	36874
efficient operation of the court, additional funds are necessary	36875
to acquire and pay for special projects of the court, including,	36876
but not limited to, the acquisition of additional facilities or	36877
the rehabilitation of existing facilities, the acquisition of	36878
equipment, the hiring and training of staff, community service	36879
programs, mediation or dispute resolution services, the employment	36880
of magistrates, the training and education of judges, acting	36881
judges, and magistrates, and other related services. Upon that	36882
determination, the court by rule may charge a fee, in addition to	36883
all other court costs, on the filing of each criminal cause, civil	36884
action or proceeding, or judgment by confession.	36885

If the court of common pleas offers or requires a special	36886
program or ~~service~~additional services in cases of a specific	36887
type, the court by rule may assess an additional charge in a case	36888
of that type, over and above court costs, to cover the special	36889
program or service. The court shall adjust the special assessment	36890
periodically, but not retroactively, so that the amount assessed	36891
in those cases does not exceed the actual cost of providing the	36892
service or program.	36893

All moneys collected under division (E) of this section shall	36894
be paid to the county treasurer for deposit into either a general	36895
special projects fund or a fund established for a specific special	36896
project. Moneys from a fund of that nature shall be disbursed upon	36897
an order of the court, subject to an appropriation by the board of	36898
county commissioners, in an amount no greater than the actual cost	36899
to the court of a project. If a specific fund is terminated	36900
because of the discontinuance of a program or service established	36901
under division (E) of this section, the court may order, subject	36902
to an appropriation by the board of county commissioners, that	36903
moneys remaining in the fund be transferred to an account	36904
established under this division for a similar purpose.	36905

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

36906

(a) "Criminal cause" means a charge alleging the violation of	36907
a statute or ordinance, or subsection of a statute or ordinance,	36908
that requires a separate finding of fact or a separate plea before	36909
disposition and of which the defendant may be found guilty,	36910
whether filed as part of a multiple charge on a single summons,	36911
citation, or complaint or as a separate charge on a single	36912
summons, citation, or complaint. "Criminal cause" does not include	36913
separate violations of the same statute or ordinance, or	36914
subsection of the same statute or ordinance, unless each charge is	36915
filed on a separate summons, citation, or complaint.	36916

(b) "Civil action or proceeding" means any civil litigation	36917
that must be determined by judgment entry.	36918

Sec. 2305.234. (A) As used in this section:

36919

(1) "Chiropractic claim," "medical claim," and "optometric	36920
claim" have the same meanings as in section 2305.113 of the	36921
Revised Code.	36922

(2) "Dental claim" has the same meaning as in section	36923
2305.113 of the Revised Code, except that it does not include any	36924
claim arising out of a dental operation or any derivative claim	36925
for relief that arises out of a dental operation.	36926

(3) "Governmental health care program" has the same meaning	36927
as in section 4731.65 of the Revised Code.	36928

(4) "Health care facility or location" means a hospital,	36929
clinic, ambulatory surgical facility, office of a health care	36930
professional or associated group of health care professionals,	36931
training institution for health care professionals, or any other	36932
place where medical, dental, or other health-related diagnosis,	36933
care, or treatment is provided to a person.	36934

(5) "Health care professional" means any of the following who	36935
provide medical, dental, or other health-related diagnosis, care,	36936
or treatment:	36937

(a) Physicians authorized under Chapter 4731. of the Revised	36938
Code to practice medicine and surgery or osteopathic medicine and	36939
surgery;	36940

(b) Registered nurses and licensed practical nurses licensed	36941
under Chapter 4723. of the Revised Code and individuals who hold a	36942
certificate of authority issued under that chapter that authorizes	36943
the practice of nursing as a certified registered nurse	36944
anesthetist, clinical nurse specialist, certified nurse-midwife,	36945
or certified nurse practitioner;	36946

(c) Physician assistants authorized to practice under Chapter	36947
4730. of the Revised Code;	36948

(d) Dentists and dental hygienists licensed under Chapter	36949
4715. of the Revised Code;	36950

(e) Physical therapists, physical therapist assistants,	36951
occupational therapists, and occupational therapy assistants	36952
licensed under Chapter 4755. of the Revised Code;	36953

(f) Chiropractors licensed under Chapter 4734. of the Revised	36954
Code;	36955

(g) Optometrists licensed under Chapter 4725. of the Revised	36956
Code;	36957

(h) Podiatrists authorized under Chapter 4731. of the Revised	36958
Code to practice podiatry;	36959

(i) Dietitians licensed under Chapter 4759. of the Revised	36960
Code;	36961

(j) Pharmacists licensed under Chapter 4729. of the Revised	36962
Code;	36963

(k) Emergency medical technicians-basic, emergency medical	36964
technicians-intermediate, and emergency medical	36965
technicians-paramedic, certified under Chapter 4765. of the	36966
Revised Code;	36967

(l) Respiratory care professionals licensed under Chapter	36968
4761. of the Revised Code;	36969

(m) Speech-language pathologists and audiologists licensed	36970
under Chapter 4753. of the Revised Code;	36971

(n) Professional clinical counselors, professional	36972
counselors, independent social workers, social workers,	36973
independent marriage and family therapists, and marriage and	36974
family therapists, licensed under Chapter 4757. of the Revised	36975
Code;	36976

(o) Psychologists licensed under Chapter 4732. of the Revised	36977
Code;	36978

(p) Independent chemical dependency counselors, chemical	36979
dependency counselors III, chemical dependency counselors II, and	36980
chemical dependency counselors I, licensed under Chapter 4758. of	36981
the Revised Code.	36982

(6) "Health care worker" means a person other than a health	36983
care professional who provides medical, dental, or other	36984
health-related care or treatment under the direction of a health	36985
care professional with the authority to direct that individual's	36986
activities, including medical technicians, medical assistants,	36987
dental assistants, orderlies, aides, and individuals acting in	36988
similar capacities.	36989

(7) "Indigent and uninsured person" means a person who meets	36990
all of the following requirements:	36991

(a) The person's income is not greater than two hundred per	36992
cent of the current poverty line as defined by the United States	36993
office of management and budget and revised in accordance with	36994
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	36995
95 Stat. 511, 42 U.S.C. 9902, as amended.	36996

(b) The person is not eligible ~~to receive medical assistance~~	36997
~~under Chapter 5111. of the Revised Code or assistance under~~for	36998
the medicaid program or any other governmental health care	36999
program.	37000

37001

(i) The person is not a policyholder, certificate holder,	37002
insured, contract holder, subscriber, enrollee, member,	37003
beneficiary, or other covered individual under a health insurance	37004
or health care policy, contract, or plan.	37005

(ii) The person is a policyholder, certificate holder,	37006
insured, contract holder, subscriber, enrollee, member,	37007
beneficiary, or other covered individual under a health insurance	37008
or health care policy, contract, or plan, but the insurer, policy,	37009
contract, or plan denies coverage or is the subject of insolvency	37010
or bankruptcy proceedings in any jurisdiction.	37011

(8) "Nonprofit health care referral organization" means an	37012
entity that is not operated for profit and refers patients to, or	37013
arranges for the provision of, health-related diagnosis, care, or	37014
treatment by a health care professional or health care worker.	37015

(9) "Operation" means any procedure that involves cutting or	37016
otherwise infiltrating human tissue by mechanical means, including	37017
surgery, laser surgery, ionizing radiation, therapeutic	37018
ultrasound, or the removal of intraocular foreign bodies.	37019
"Operation" does not include the administration of medication by	37020
injection, unless the injection is administered in conjunction	37021
with a procedure infiltrating human tissue by mechanical means	37022
other than the administration of medicine by injection.	37023
"Operation" does not include routine dental restorative	37024
procedures, the scaling of teeth, or extractions of teeth that are	37025
not impacted.	37026

(10) "Tort action" means a civil action for damages for	37027
injury, death, or loss to person or property other than a civil	37028
action for damages for a breach of contract or another agreement	37029
between persons or government entities.	37030

(11) "Volunteer" means an individual who provides any	37031
medical, dental, or other health-care related diagnosis, care, or	37032
treatment without the expectation of receiving and without receipt	37033
of any compensation or other form of remuneration from an indigent	37034
and uninsured person, another person on behalf of an indigent and	37035
uninsured person, any health care facility or location, any	37036
nonprofit health care referral organization, or any other person	37037
or government entity.	37038

(12) "Community control sanction" has the same meaning as in	37039
section 2929.01 of the Revised Code.	37040

(13) "Deep sedation" means a drug-induced depression of	37041
consciousness during which a patient cannot be easily aroused but	37042
responds purposefully following repeated or painful stimulation, a	37043
patient's ability to independently maintain ventilatory function	37044
may be impaired, a patient may require assistance in maintaining a	37045
patent airway and spontaneous ventilation may be inadequate, and	37046
cardiovascular function is usually maintained.	37047

(14) "General anesthesia" means a drug-induced loss of	37048
consciousness during which a patient is not arousable, even by	37049
painful stimulation, the ability to independently maintain	37050
ventilatory function is often impaired, a patient often requires	37051
assistance in maintaining a patent airway, positive pressure	37052
ventilation may be required because of depressed spontaneous	37053
ventilation or drug-induced depression of neuromuscular function,	37054
and cardiovascular function may be impaired.	37055

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	37056
health care professional who is a volunteer and complies with	37057
division (B)(2) of this section is not liable in damages to any	37058
person or government entity in a tort or other civil action,	37059
including an action on a medical, dental, chiropractic,	37060
optometric, or other health-related claim, for injury, death, or	37061
loss to person or property that allegedly arises from an action or	37062
omission of the volunteer in the provision to an indigent and	37063
uninsured person of medical, dental, or other health-related	37064
diagnosis, care, or treatment, including the provision of samples	37065
of medicine and other medical products, unless the action or	37066
omission constitutes willful or wanton misconduct.	37067

(2) To qualify for the immunity described in division (B)(1)	37068
of this section, a health care professional shall do all of the	37069
following prior to providing diagnosis, care, or treatment:	37070

(a) Determine, in good faith, that the indigent and uninsured	37071
person is mentally capable of giving informed consent to the	37072
provision of the diagnosis, care, or treatment and is not subject	37073
to duress or under undue influence;	37074

(b) Inform the person of the provisions of this section,	37075
including notifying the person that, by giving informed consent to	37076
the provision of the diagnosis, care, or treatment, the person	37077
cannot hold the health care professional liable for damages in a	37078
tort or other civil action, including an action on a medical,	37079
dental, chiropractic, optometric, or other health-related claim,	37080
unless the action or omission of the health care professional	37081
constitutes willful or wanton misconduct;	37082

(c) Obtain the informed consent of the person and a written	37083
waiver, signed by the person or by another individual on behalf of	37084
and in the presence of the person, that states that the person is	37085
mentally competent to give informed consent and, without being	37086
subject to duress or under undue influence, gives informed consent	37087
to the provision of the diagnosis, care, or treatment subject to	37088
the provisions of this section. A written waiver under division	37089
(B)(2)(c) of this section shall state clearly and in conspicuous	37090
type that the person or other individual who signs the waiver is	37091
signing it with full knowledge that, by giving informed consent to	37092
the provision of the diagnosis, care, or treatment, the person	37093
cannot bring a tort or other civil action, including an action on	37094
a medical, dental, chiropractic, optometric, or other	37095
health-related claim, against the health care professional unless	37096
the action or omission of the health care professional constitutes	37097
willful or wanton misconduct.	37098

(3) A physician or podiatrist who is not covered by medical	37099
malpractice insurance, but complies with division (B)(2) of this	37100
section, is not required to comply with division (A) of section	37101
4731.143 of the Revised Code.	37102

(C) Subject to divisions (F) and (G)(3) of this section,	37103
health care workers who are volunteers are not liable in damages	37104
to any person or government entity in a tort or other civil	37105
action, including an action upon a medical, dental, chiropractic,	37106
optometric, or other health-related claim, for injury, death, or	37107
loss to person or property that allegedly arises from an action or	37108
omission of the health care worker in the provision to an indigent	37109
and uninsured person of medical, dental, or other health-related	37110
diagnosis, care, or treatment, unless the action or omission	37111
constitutes willful or wanton misconduct.	37112

(D) Subject to divisions (F) and (G)(3) of this section, a	37113
nonprofit health care referral organization is not liable in	37114
damages to any person or government entity in a tort or other	37115
civil action, including an action on a medical, dental,	37116
chiropractic, optometric, or other health-related claim, for	37117
injury, death, or loss to person or property that allegedly arises	37118
from an action or omission of the nonprofit health care referral	37119
organization in referring indigent and uninsured persons to, or	37120
arranging for the provision of, medical, dental, or other	37121
health-related diagnosis, care, or treatment by a health care	37122
professional described in division (B)(1) of this section or a	37123
health care worker described in division (C) of this section,	37124
unless the action or omission constitutes willful or wanton	37125
misconduct.	37126

(E) Subject to divisions (F) and (G)(3) of this section and	37127
to the extent that the registration requirements of section	37128
3701.071 of the Revised Code apply, a health care facility or	37129
location associated with a health care professional described in	37130
division (B)(1) of this section, a health care worker described in	37131
division (C) of this section, or a nonprofit health care referral	37132
organization described in division (D) of this section is not	37133
liable in damages to any person or government entity in a tort or	37134
other civil action, including an action on a medical, dental,	37135
chiropractic, optometric, or other health-related claim, for	37136
injury, death, or loss to person or property that allegedly arises	37137
from an action or omission of the health care professional or	37138
worker or nonprofit health care referral organization relative to	37139
the medical, dental, or other health-related diagnosis, care, or	37140
treatment provided to an indigent and uninsured person on behalf	37141
of or at the health care facility or location, unless the action	37142
or omission constitutes willful or wanton misconduct.	37143

(F)(1) Except as provided in division (F)(2) of this section,	37144
the immunities provided by divisions (B), (C), (D), and (E) of	37145
this section are not available to a health care professional,	37146
health care worker, nonprofit health care referral organization,	37147
or health care facility or location if, at the time of an alleged	37148
injury, death, or loss to person or property, the health care	37149
professionals or health care workers involved are providing one of	37150
the following:	37151

(a) Any medical, dental, or other health-related diagnosis,	37152
care, or treatment pursuant to a community service work order	37153
entered by a court under division (B) of section 2951.02 of the	37154
Revised Code or imposed by a court as a community control	37155
sanction;	37156

(b) Performance of an operation to which any one of the	37157
following applies:	37158

(i) The operation requires the administration of deep	37159
sedation or general anesthesia.	37160

(ii) The operation is a procedure that is not typically	37161
performed in an office.	37162

(iii) The individual involved is a health care professional,	37163
and the operation is beyond the scope of practice or the	37164
education, training, and competence, as applicable, of the health	37165
care professional.	37166

(c) Delivery of a baby or any other purposeful termination of	37167
a human pregnancy.	37168

(2) Division (F)(1) of this section does not apply when a	37169
health care professional or health care worker provides medical,	37170
dental, or other health-related diagnosis, care, or treatment that	37171
is necessary to preserve the life of a person in a medical	37172
emergency.	37173

(G)(1) This section does not create a new cause of action or	37174
substantive legal right against a health care professional, health	37175
care worker, nonprofit health care referral organization, or	37176
health care facility or location.	37177

(2) This section does not affect any immunities from civil	37178
liability or defenses established by another section of the	37179
Revised Code or available at common law to which a health care	37180
professional, health care worker, nonprofit health care referral	37181
organization, or health care facility or location may be entitled	37182
in connection with the provision of emergency or other medical,	37183
dental, or other health-related diagnosis, care, or treatment.	37184

(3) This section does not grant an immunity from tort or	37185
other civil liability to a health care professional, health care	37186
worker, nonprofit health care referral organization, or health	37187
care facility or location for actions that are outside the scope	37188
of authority of health care professionals or health care workers.	37189

(4) This section does not affect any legal responsibility of	37190
a health care professional, health care worker, or nonprofit	37191
health care referral organization to comply with any applicable	37192
law of this state or rule of an agency of this state.	37193

(5) This section does not affect any legal responsibility of	37194
a health care facility or location to comply with any applicable	37195
law of this state, rule of an agency of this state, or local code,	37196
ordinance, or regulation that pertains to or regulates building,	37197
housing, air pollution, water pollution, sanitation, health, fire,	37198
zoning, or safety.	37199

Sec. 2307.65. (A) The attorney general may bring a civil	37200
action in the Franklin county court of common pleas on behalf of	37201
the department of ~~job and family services~~medicaid, and the	37202
prosecuting attorney of the county in which a violation of	37203
division (B) of section 2913.401 of the Revised Code occurs may	37204
bring a civil action in the court of common pleas of that county	37205
on behalf of the county department of job and family services,	37206
against a person who violates division (B) of section 2913.401 of	37207
the Revised Code for the recovery of the amount of benefits paid	37208
on behalf of a person that either department would not have paid	37209
but for the violation minus any amounts paid in restitution under	37210
division (C)(2) of section 2913.401 of the Revised Code and for	37211
reasonable attorney's fees and all other fees and costs of	37212
litigation.	37213

(B) In a civil action brought under division (A) of this	37214
section, if the defendant failed to disclose a transfer of	37215
property in violation of division (B)(3) of section 2913.401 of	37216
the Revised Code, the court may also grant any of the following	37217
relief to the extent permitted by the "Social Security Act,"	37218
section 1917, 42 U.S.C. 1396p:	37219

(1) Avoidance of the transfer of property that was not	37220
disclosed in violation of division (B)(3) of section 2913.401 of	37221
the Revised Code to the extent of the amount of benefits the	37222
department would not have paid but for the violation;	37223

(2) An order of attachment or garnishment against the	37224
property in accordance with Chapter 2715. or 2716. of the Revised	37225
Code;	37226

(3) An injunction against any further disposition by the	37227
transferor or transferee, or both, of the property the transfer of	37228
which was not disclosed in violation of division (B)(3) of section	37229
2913.401 of the Revised Code or against the disposition of other	37230
property by the transferor or transferee;	37231

(4) Appointment of a receiver to take charge of the property	37232
transferred or of other property of the transferee;	37233

(5) Any other relief that the court considers just and	37234
equitable.	37235

(C) To the extent permitted by the "Social Security Act,"	37236
section 1917, 42 U.S.C. 1396p, the department of ~~job and family~~	37237
~~services~~medicaid or the county department of job and family	37238
services may enforce a judgment obtained under this section by	37239
levying on property the transfer of which was not disclosed in	37240
violation of division (B)(3) of section 2913.401 of the Revised	37241
Code or on the proceeds of the transfer of that property in	37242
accordance with Chapter 2329. of the Revised Code.	37243

(D) The remedies provided in divisions (B) and (C) of this	37244
section do not apply if the transferee of the property the	37245
transfer of which was not disclosed in violation of division	37246
(B)(3) of section 2913.401 of the Revised Code acquired the	37247
property in good faith and for fair market value.	37248

(E) The remedies provided in this section are not exclusive	37249
and do not preclude the use of any other criminal or civil remedy	37250
for any act that is in violation of section 2913.401 of the	37251
Revised Code.	37252

(F) Amounts of medicaid ~~benefits~~services paid and recovered	37253
in an action brought under this section shall be credited to the	37254
general revenue fund, and any applicable federal share shall be	37255
returned to the appropriate agency or department of the United	37256
States.	37257

Sec. 2317.02. The following persons shall not testify in	37258
certain respects:	37259

(A)(1) An attorney, concerning a communication made to the	37260
attorney by a client in that relation or concerning the attorney's	37261
advice to a client, except that the attorney may testify by	37262
express consent of the client or, if the client is deceased, by	37263
the express consent of the surviving spouse or the executor or	37264
administrator of the estate of the deceased client. However, if	37265
the client voluntarily reveals the substance of attorney-client	37266
communications in a nonprivileged context or is deemed by section	37267
2151.421 of the Revised Code to have waived any testimonial	37268
privilege under this division, the attorney may be compelled to	37269
testify on the same subject.	37270

The testimonial privilege established under this division	37271
does not apply concerning a communication between a client who has	37272
since died and the deceased client's attorney if the communication	37273
is relevant to a dispute between parties who claim through that	37274
deceased client, regardless of whether the claims are by testate	37275
or intestate succession or by inter vivos transaction, and the	37276
dispute addresses the competency of the deceased client when the	37277
deceased client executed a document that is the basis of the	37278
dispute or whether the deceased client was a victim of fraud,	37279
undue influence, or duress when the deceased client executed a	37280
document that is the basis of the dispute.	37281

(2) An attorney, concerning a communication made to the	37282
attorney by a client in that relationship or the attorney's advice	37283
to a client, except that if the client is an insurance company,	37284
the attorney may be compelled to testify, subject to an in camera	37285
inspection by a court, about communications made by the client to	37286
the attorney or by the attorney to the client that are related to	37287
the attorney's aiding or furthering an ongoing or future	37288
commission of bad faith by the client, if the party seeking	37289
disclosure of the communications has made a prima-facie showing of	37290
bad faith, fraud, or criminal misconduct by the client.	37291

(B)(1) A physician or a dentist concerning a communication	37292
made to the physician or dentist by a patient in that relation or	37293
the physician's or dentist's advice to a patient, except as	37294
otherwise provided in this division, division (B)(2), and division	37295
(B)(3) of this section, and except that, if the patient is deemed	37296
by section 2151.421 of the Revised Code to have waived any	37297
testimonial privilege under this division, the physician may be	37298
compelled to testify on the same subject.	37299

The testimonial privilege established under this division	37300
does not apply, and a physician or dentist may testify or may be	37301
compelled to testify, in any of the following circumstances:	37302

(a) In any civil action, in accordance with the discovery	37303
provisions of the Rules of Civil Procedure in connection with a	37304
civil action, or in connection with a claim under Chapter 4123. of	37305
the Revised Code, under any of the following circumstances:	37306

(i) If the patient or the guardian or other legal	37307
representative of the patient gives express consent;	37308

(ii) If the patient is deceased, the spouse of the patient or	37309
the executor or administrator of the patient's estate gives	37310
express consent;	37311

(iii) If a medical claim, dental claim, chiropractic claim,	37312
or optometric claim, as defined in section 2305.113 of the Revised	37313
Code, an action for wrongful death, any other type of civil	37314
action, or a claim under Chapter 4123. of the Revised Code is	37315
filed by the patient, the personal representative of the estate of	37316
the patient if deceased, or the patient's guardian or other legal	37317
representative.	37318

(b) In any civil action concerning court-ordered treatment or	37319
services received by a patient, if the court-ordered treatment or	37320
services were ordered as part of a case plan journalized under	37321
section 2151.412 of the Revised Code or the court-ordered	37322
treatment or services are necessary or relevant to dependency,	37323
neglect, or abuse or temporary or permanent custody proceedings	37324
under Chapter 2151. of the Revised Code.	37325

(c) In any criminal action concerning any test or the results	37326
of any test that determines the presence or concentration of	37327
alcohol, a drug of abuse, a combination of them, a controlled	37328
substance, or a metabolite of a controlled substance in the	37329
patient's whole blood, blood serum or plasma, breath, urine, or	37330
other bodily substance at any time relevant to the criminal	37331
offense in question.	37332

(d) In any criminal action against a physician or dentist. In	37333
such an action, the testimonial privilege established under this	37334
division does not prohibit the admission into evidence, in	37335
accordance with the Rules of Evidence, of a patient's medical or	37336
dental records or other communications between a patient and the	37337
physician or dentist that are related to the action and obtained	37338
by subpoena, search warrant, or other lawful means. A court that	37339
permits or compels a physician or dentist to testify in such an	37340
action or permits the introduction into evidence of patient	37341
records or other communications in such an action shall require	37342
that appropriate measures be taken to ensure that the	37343
confidentiality of any patient named or otherwise identified in	37344
the records is maintained. Measures to ensure confidentiality that	37345
may be taken by the court include sealing its records or deleting	37346
specific information from its records.	37347

(e)(i) If the communication was between a patient who has	37348
since died and the deceased patient's physician or dentist, the	37349
communication is relevant to a dispute between parties who claim	37350
through that deceased patient, regardless of whether the claims	37351
are by testate or intestate succession or by inter vivos	37352
transaction, and the dispute addresses the competency of the	37353
deceased patient when the deceased patient executed a document	37354
that is the basis of the dispute or whether the deceased patient	37355
was a victim of fraud, undue influence, or duress when the	37356
deceased patient executed a document that is the basis of the	37357
dispute.	37358

(ii) If neither the spouse of a patient nor the executor or	37359
administrator of that patient's estate gives consent under	37360
division (B)(1)(a)(ii) of this section, testimony or the	37361
disclosure of the patient's medical records by a physician,	37362
dentist, or other health care provider under division (B)(1)(e)(i)	37363
of this section is a permitted use or disclosure of protected	37364
health information, as defined in 45 C.F.R. 160.103, and an	37365
authorization or opportunity to be heard shall not be required.	37366

(iii) Division (B)(1)(e)(i) of this section does not require	37367
a mental health professional to disclose psychotherapy notes, as	37368
defined in 45 C.F.R. 164.501.	37369

(iv) An interested person who objects to testimony or	37370
disclosure under division (B)(1)(e)(i) of this section may seek a	37371
protective order pursuant to Civil Rule 26.	37372

(v) A person to whom protected health information is	37373
disclosed under division (B)(1)(e)(i) of this section shall not	37374
use or disclose the protected health information for any purpose	37375
other than the litigation or proceeding for which the information	37376
was requested and shall return the protected health information to	37377
the covered entity or destroy the protected health information,	37378
including all copies made, at the conclusion of the litigation or	37379
proceeding.	37380

(2)(a) If any law enforcement officer submits a written	37381
statement to a health care provider that states that an official	37382
criminal investigation has begun regarding a specified person or	37383
that a criminal action or proceeding has been commenced against a	37384
specified person, that requests the provider to supply to the	37385
officer copies of any records the provider possesses that pertain	37386
to any test or the results of any test administered to the	37387
specified person to determine the presence or concentration of	37388
alcohol, a drug of abuse, a combination of them, a controlled	37389
substance, or a metabolite of a controlled substance in the	37390
person's whole blood, blood serum or plasma, breath, or urine at	37391
any time relevant to the criminal offense in question, and that	37392
conforms to section 2317.022 of the Revised Code, the provider,	37393
except to the extent specifically prohibited by any law of this	37394
state or of the United States, shall supply to the officer a copy	37395
of any of the requested records the provider possesses. If the	37396
health care provider does not possess any of the requested	37397
records, the provider shall give the officer a written statement	37398
that indicates that the provider does not possess any of the	37399
requested records.	37400

(b) If a health care provider possesses any records of the	37401
type described in division (B)(2)(a) of this section regarding the	37402
person in question at any time relevant to the criminal offense in	37403
question, in lieu of personally testifying as to the results of	37404
the test in question, the custodian of the records may submit a	37405
certified copy of the records, and, upon its submission, the	37406
certified copy is qualified as authentic evidence and may be	37407
admitted as evidence in accordance with the Rules of Evidence.	37408
Division (A) of section 2317.422 of the Revised Code does not	37409
apply to any certified copy of records submitted in accordance	37410
with this division. Nothing in this division shall be construed to	37411
limit the right of any party to call as a witness the person who	37412
administered the test to which the records pertain, the person	37413
under whose supervision the test was administered, the custodian	37414
of the records, the person who made the records, or the person	37415
under whose supervision the records were made.	37416

(3)(a) If the testimonial privilege described in division	37417
(B)(1) of this section does not apply as provided in division	37418
(B)(1)(a)(iii) of this section, a physician or dentist may be	37419
compelled to testify or to submit to discovery under the Rules of	37420
Civil Procedure only as to a communication made to the physician	37421
or dentist by the patient in question in that relation, or the	37422
physician's or dentist's advice to the patient in question, that	37423
related causally or historically to physical or mental injuries	37424
that are relevant to issues in the medical claim, dental claim,	37425
chiropractic claim, or optometric claim, action for wrongful	37426
death, other civil action, or claim under Chapter 4123. of the	37427
Revised Code.	37428

(b) If the testimonial privilege described in division (B)(1)	37429
of this section does not apply to a physician or dentist as	37430
provided in division (B)(1)(c) of this section, the physician or	37431
dentist, in lieu of personally testifying as to the results of the	37432
test in question, may submit a certified copy of those results,	37433
and, upon its submission, the certified copy is qualified as	37434
authentic evidence and may be admitted as evidence in accordance	37435
with the Rules of Evidence. Division (A) of section 2317.422 of	37436
the Revised Code does not apply to any certified copy of results	37437
submitted in accordance with this division. Nothing in this	37438
division shall be construed to limit the right of any party to	37439
call as a witness the person who administered the test in	37440
question, the person under whose supervision the test was	37441
administered, the custodian of the results of the test, the person	37442
who compiled the results, or the person under whose supervision	37443
the results were compiled.	37444

(4) The testimonial privilege described in division (B)(1) of	37445
this section is not waived when a communication is made by a	37446
physician to a pharmacist or when there is communication between a	37447
patient and a pharmacist in furtherance of the physician-patient	37448
relation.	37449

(5)(a) As used in divisions (B)(1) to (4) of this section,	37450
"communication" means acquiring, recording, or transmitting any	37451
information, in any manner, concerning any facts, opinions, or	37452
statements necessary to enable a physician or dentist to diagnose,	37453
treat, prescribe, or act for a patient. A "communication" may	37454
include, but is not limited to, any medical or dental, office, or	37455
hospital communication such as a record, chart, letter,	37456
memorandum, laboratory test and results, x-ray, photograph,	37457
financial statement, diagnosis, or prognosis.	37458

(b) As used in division (B)(2) of this section, "health care	37459
provider" means a hospital, ambulatory care facility, long-term	37460
care facility, pharmacy, emergency facility, or health care	37461
practitioner.	37462

37463

(i) "Ambulatory care facility" means a facility that provides	37464
medical, diagnostic, or surgical treatment to patients who do not	37465
require hospitalization, including a dialysis center, ambulatory	37466
surgical facility, cardiac catheterization facility, diagnostic	37467
imaging center, extracorporeal shock wave lithotripsy center, home	37468
health agency, inpatient hospice, birthing center, radiation	37469
therapy center, emergency facility, and an urgent care center.	37470
"Ambulatory health care facility" does not include the private	37471
office of a physician or dentist, whether the office is for an	37472
individual or group practice.	37473

(ii) "Emergency facility" means a hospital emergency	37474
department or any other facility that provides emergency medical	37475
services.	37476

(iii) "Health care practitioner" has the same meaning as in	37477
section 4769.01 of the Revised Code.	37478

(iv) "Hospital" has the same meaning as in section 3727.01 of	37479
the Revised Code.	37480

(v) "Long-term care facility" means a nursing home,	37481
residential care facility, or home for the aging, as those terms	37482
are defined in section 3721.01 of the Revised Code; a residential	37483
facility licensed under section ~~5119.22~~5119.34 of the Revised	37484
Code that provides accommodations, supervision, and personal care	37485
services for three to sixteen unrelated adults; a nursing facility	37486
~~or intermediate care facility for the mentally retarded~~, as ~~those~~	37487
~~terms are~~ defined in section ~~5111.20~~5165.01 of the Revised Code;	37488
a ~~facility or portion of a facility certified as a~~ skilled	37489
nursing facility ~~under Title XVIII of the "Social Security Act,"~~	37490
~~49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended~~, as defined in	37491
section 5165.01 of the Revised Code; and an intermediate care	37492
facility for individuals with intellectual disabilities, as	37493
defined in section 5124.01 of the Revised Code.	37494

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	37495
the Revised Code.	37496

(d) As used in divisions (B)(1) and (2) of this section,	37497
"drug of abuse" has the same meaning as in section 4506.01 of the	37498
Revised Code.	37499

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	37500
apply to doctors of medicine, doctors of osteopathic medicine,	37501
doctors of podiatry, and dentists.	37502

(7) Nothing in divisions (B)(1) to (6) of this section	37503
affects, or shall be construed as affecting, the immunity from	37504
civil liability conferred by section 307.628 of the Revised Code	37505
or the immunity from civil liability conferred by section 2305.33	37506
of the Revised Code upon physicians who report an employee's use	37507
of a drug of abuse, or a condition of an employee other than one	37508
involving the use of a drug of abuse, to the employer of the	37509
employee in accordance with division (B) of that section. As used	37510
in division (B)(7) of this section, "employee," "employer," and	37511
"physician" have the same meanings as in section 2305.33 of the	37512
Revised Code.	37513

(C)(1) A cleric, when the cleric remains accountable to the	37514
authority of that cleric's church, denomination, or sect,	37515
concerning a confession made, or any information confidentially	37516
communicated, to the cleric for a religious counseling purpose in	37517
the cleric's professional character. The cleric may testify by	37518
express consent of the person making the communication, except	37519
when the disclosure of the information is in violation of a sacred	37520
trust and except that, if the person voluntarily testifies or is	37521
deemed by division (A)(4)(c) of section 2151.421 of the Revised	37522
Code to have waived any testimonial privilege under this division,	37523
the cleric may be compelled to testify on the same subject except	37524
when disclosure of the information is in violation of a sacred	37525
trust.	37526

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

37527

(a) "Cleric" means a member of the clergy, rabbi, priest,	37528
Christian Science practitioner, or regularly ordained, accredited,	37529
or licensed minister of an established and legally cognizable	37530
church, denomination, or sect.	37531

(b) "Sacred trust" means a confession or confidential	37532
communication made to a cleric in the cleric's ecclesiastical	37533
capacity in the course of discipline enjoined by the church to	37534
which the cleric belongs, including, but not limited to, the	37535
Catholic Church, if both of the following apply:	37536

(i) The confession or confidential communication was made	37537
directly to the cleric.	37538

(ii) The confession or confidential communication was made in	37539
the manner and context that places the cleric specifically and	37540
strictly under a level of confidentiality that is considered	37541
inviolate by canon law or church doctrine.	37542

(D) Husband or wife, concerning any communication made by one	37543
to the other, or an act done by either in the presence of the	37544
other, during coverture, unless the communication was made, or act	37545
done, in the known presence or hearing of a third person competent	37546
to be a witness; and such rule is the same if the marital relation	37547
has ceased to exist;	37548

(E) A person who assigns a claim or interest, concerning any	37549
matter in respect to which the person would not, if a party, be	37550
permitted to testify;	37551

(F) A person who, if a party, would be restricted under	37552
section 2317.03 of the Revised Code, when the property or thing is	37553
sold or transferred by an executor, administrator, guardian,	37554
trustee, heir, devisee, or legatee, shall be restricted in the	37555
same manner in any action or proceeding concerning the property or	37556
thing.	37557

(G)(1) A school guidance counselor who holds a valid educator	37558
license from the state board of education as provided for in	37559
section 3319.22 of the Revised Code, a person licensed under	37560
Chapter 4757. of the Revised Code as a professional clinical	37561
counselor, professional counselor, social worker, independent	37562
social worker, marriage and family therapist or independent	37563
marriage and family therapist, or registered under Chapter 4757.	37564
of the Revised Code as a social work assistant concerning a	37565
confidential communication received from a client in that relation	37566
or the person's advice to a client unless any of the following	37567
applies:	37568

(a) The communication or advice indicates clear and present	37569
danger to the client or other persons. For the purposes of this	37570
division, cases in which there are indications of present or past	37571
child abuse or neglect of the client constitute a clear and	37572
present danger.	37573

(b) The client gives express consent to the testimony.

37574

(c) If the client is deceased, the surviving spouse or the	37575
executor or administrator of the estate of the deceased client	37576
gives express consent.	37577

(d) The client voluntarily testifies, in which case the	37578
school guidance counselor or person licensed or registered under	37579
Chapter 4757. of the Revised Code may be compelled to testify on	37580
the same subject.	37581

(e) The court in camera determines that the information	37582
communicated by the client is not germane to the counselor-client,	37583
marriage and family therapist-client, or social worker-client	37584
relationship.	37585

(f) A court, in an action brought against a school, its	37586
administration, or any of its personnel by the client, rules after	37587
an in-camera inspection that the testimony of the school guidance	37588
counselor is relevant to that action.	37589

(g) The testimony is sought in a civil action and concerns	37590
court-ordered treatment or services received by a patient as part	37591
of a case plan journalized under section 2151.412 of the Revised	37592
Code or the court-ordered treatment or services are necessary or	37593
relevant to dependency, neglect, or abuse or temporary or	37594
permanent custody proceedings under Chapter 2151. of the Revised	37595
Code.	37596

(2) Nothing in division (G)(1) of this section shall relieve	37597
a school guidance counselor or a person licensed or registered	37598
under Chapter 4757. of the Revised Code from the requirement to	37599
report information concerning child abuse or neglect under section	37600
2151.421 of the Revised Code.	37601

(H) A mediator acting under a mediation order issued under	37602
division (A) of section 3109.052 of the Revised Code or otherwise	37603
issued in any proceeding for divorce, dissolution, legal	37604
separation, annulment, or the allocation of parental rights and	37605
responsibilities for the care of children, in any action or	37606
proceeding, other than a criminal, delinquency, child abuse, child	37607
neglect, or dependent child action or proceeding, that is brought	37608
by or against either parent who takes part in mediation in	37609
accordance with the order and that pertains to the mediation	37610
process, to any information discussed or presented in the	37611
mediation process, to the allocation of parental rights and	37612
responsibilities for the care of the parents' children, or to the	37613
awarding of parenting time rights in relation to their children;	37614

(I) A communications assistant, acting within the scope of	37615
the communication assistant's authority, when providing	37616
telecommunications relay service pursuant to section 4931.06 of	37617
the Revised Code or Title II of the "Communications Act of 1934,"	37618
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	37619
made through a telecommunications relay service. Nothing in this	37620
section shall limit the obligation of a communications assistant	37621
to divulge information or testify when mandated by federal law or	37622
regulation or pursuant to subpoena in a criminal proceeding.	37623

Nothing in this section shall limit any immunity or privilege	37624
granted under federal law or regulation.	37625

(J)(1) A chiropractor in a civil proceeding concerning a	37626
communication made to the chiropractor by a patient in that	37627
relation or the chiropractor's advice to a patient, except as	37628
otherwise provided in this division. The testimonial privilege	37629
established under this division does not apply, and a chiropractor	37630
may testify or may be compelled to testify, in any civil action,	37631
in accordance with the discovery provisions of the Rules of Civil	37632
Procedure in connection with a civil action, or in connection with	37633
a claim under Chapter 4123. of the Revised Code, under any of the	37634
following circumstances:	37635

(a) If the patient or the guardian or other legal	37636
representative of the patient gives express consent.	37637

(b) If the patient is deceased, the spouse of the patient or	37638
the executor or administrator of the patient's estate gives	37639
express consent.	37640

(c) If a medical claim, dental claim, chiropractic claim, or	37641
optometric claim, as defined in section 2305.113 of the Revised	37642
Code, an action for wrongful death, any other type of civil	37643
action, or a claim under Chapter 4123. of the Revised Code is	37644
filed by the patient, the personal representative of the estate of	37645
the patient if deceased, or the patient's guardian or other legal	37646
representative.	37647

(2) If the testimonial privilege described in division (J)(1)	37648
of this section does not apply as provided in division (J)(1)(c)	37649
of this section, a chiropractor may be compelled to testify or to	37650
submit to discovery under the Rules of Civil Procedure only as to	37651
a communication made to the chiropractor by the patient in	37652
question in that relation, or the chiropractor's advice to the	37653
patient in question, that related causally or historically to	37654
physical or mental injuries that are relevant to issues in the	37655
medical claim, dental claim, chiropractic claim, or optometric	37656
claim, action for wrongful death, other civil action, or claim	37657
under Chapter 4123. of the Revised Code.	37658

(3) The testimonial privilege established under this division	37659
does not apply, and a chiropractor may testify or be compelled to	37660
testify, in any criminal action or administrative proceeding.	37661

(4) As used in this division, "communication" means	37662
acquiring, recording, or transmitting any information, in any	37663
manner, concerning any facts, opinions, or statements necessary to	37664
enable a chiropractor to diagnose, treat, or act for a patient. A	37665
communication may include, but is not limited to, any	37666
chiropractic, office, or hospital communication such as a record,	37667
chart, letter, memorandum, laboratory test and results, x-ray,	37668
photograph, financial statement, diagnosis, or prognosis.	37669

(K)(1) Except as provided under division (K)(2) of this	37670
section, a critical incident stress management team member	37671
concerning a communication received from an individual who	37672
receives crisis response services from the team member, or the	37673
team member's advice to the individual, during a debriefing	37674
session.	37675

(2) The testimonial privilege established under division	37676
(K)(1) of this section does not apply if any of the following are	37677
true:	37678

(a) The communication or advice indicates clear and present	37679
danger to the individual who receives crisis response services or	37680
to other persons. For purposes of this division, cases in which	37681
there are indications of present or past child abuse or neglect of	37682
the individual constitute a clear and present danger.	37683

(b) The individual who received crisis response services	37684
gives express consent to the testimony.	37685

(c) If the individual who received crisis response services	37686
is deceased, the surviving spouse or the executor or administrator	37687
of the estate of the deceased individual gives express consent.	37688

(d) The individual who received crisis response services	37689
voluntarily testifies, in which case the team member may be	37690
compelled to testify on the same subject.	37691

(e) The court in camera determines that the information	37692
communicated by the individual who received crisis response	37693
services is not germane to the relationship between the individual	37694
and the team member.	37695

(f) The communication or advice pertains or is related to any	37696
criminal act.	37697

(3) As used in division (K) of this section:

37698

(a) "Crisis response services" means consultation, risk	37699
assessment, referral, and on-site crisis intervention services	37700
provided by a critical incident stress management team to	37701
individuals affected by crisis or disaster.	37702

(b) "Critical incident stress management team member" or	37703
"team member" means an individual specially trained to provide	37704
crisis response services as a member of an organized community or	37705
local crisis response team that holds membership in the Ohio	37706
critical incident stress management network.	37707

(c) "Debriefing session" means a session at which crisis	37708
response services are rendered by a critical incident stress	37709
management team member during or after a crisis or disaster.	37710

(L)(1) Subject to division (L)(2) of this section and except	37711
as provided in division (L)(3) of this section, an employee	37712
assistance professional, concerning a communication made to the	37713
employee assistance professional by a client in the employee	37714
assistance professional's official capacity as an employee	37715
assistance professional.	37716

(2) Division (L)(1) of this section applies to an employee	37717
assistance professional who meets either or both of the following	37718
requirements:	37719

(a) Is certified by the employee assistance certification	37720
commission to engage in the employee assistance profession;	37721

(b) Has education, training, and experience in all of the	37722
following:	37723

(i) Providing workplace-based services designed to address	37724
employer and employee productivity issues;	37725

(ii) Providing assistance to employees and employees'	37726
dependents in identifying and finding the means to resolve	37727
personal problems that affect the employees or the employees'	37728
performance;	37729

(iii) Identifying and resolving productivity problems	37730
associated with an employee's concerns about any of the following	37731
matters: health, marriage, family, finances, substance abuse or	37732
other addiction, workplace, law, and emotional issues;	37733

(iv) Selecting and evaluating available community resources;

37734

(v) Making appropriate referrals;

37735

(vi) Local and national employee assistance agreements;

37736

(vii) Client confidentiality.

37737

(3) Division (L)(1) of this section does not apply to any of	37738
the following:	37739

(a) A criminal action or proceeding involving an offense	37740
under sections 2903.01 to 2903.06 of the Revised Code if the	37741
employee assistance professional's disclosure or testimony relates	37742
directly to the facts or immediate circumstances of the offense;	37743

(b) A communication made by a client to an employee	37744
assistance professional that reveals the contemplation or	37745
commission of a crime or serious, harmful act;	37746

(c) A communication that is made by a client who is an	37747
unemancipated minor or an adult adjudicated to be incompetent and	37748
indicates that the client was the victim of a crime or abuse;	37749

(d) A civil proceeding to determine an individual's mental	37750
competency or a criminal action in which a plea of not guilty by	37751
reason of insanity is entered;	37752

(e) A civil or criminal malpractice action brought against	37753
the employee assistance professional;	37754

(f) When the employee assistance professional has the express	37755
consent of the client or, if the client is deceased or disabled,	37756
the client's legal representative;	37757

(g) When the testimonial privilege otherwise provided by	37758
division (L)(1) of this section is abrogated under law.	37759

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	37760
2317.41 of the Revised Code but subject to division (B) of this	37761
section, the records, or copies or photographs of the records, of	37762
a hospital, homes required to be licensed pursuant to section	37763
3721.01 of the Revised Code, and residential facilities licensed	37764
pursuant to section ~~5119.22~~5119.34 of the Revised Code that	37765
provides accommodations, supervision, and personal care services	37766
for three to sixteen unrelated adults, in lieu of the testimony in	37767
open court of their custodian, person who made them, or person	37768
under whose supervision they were made, may be qualified as	37769
authentic evidence if any such person endorses thereon the	37770
person's verified certification identifying such records, giving	37771
the mode and time of their preparation, and stating that they were	37772
prepared in the usual course of the business of the institution.	37773
Such records, copies, or photographs may not be qualified by	37774
certification as provided in this section unless the party	37775
intending to offer them delivers a copy of them, or of their	37776
relevant portions, to the attorney of record for each adverse	37777
party not less than five days before trial. Nothing in this	37778
section shall be construed to limit the right of any party to call	37779
the custodian, person who made such records, or person under whose	37780
supervision they were made, as a witness.	37781

(B) Division (A) of this section does not apply to any	37782
certified copy of the results of any test given to determine the	37783
presence or concentration of alcohol, a drug of abuse, a	37784
combination of them, a controlled substance, or a metabolite of a	37785
controlled substance in a patient's whole blood, blood serum or	37786
plasma, breath, or urine at any time relevant to a criminal	37787
offense that is submitted in a criminal action or proceeding in	37788
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	37789
of the Revised Code.	37790

Sec. 2317.56. (A) As used in this section:

37791

(1) "Medical emergency" ~~means a condition of a pregnant woman~~	37792
~~that, in the reasonable judgment of the physician who is attending~~	37793
~~the woman, creates an immediate threat of serious risk to the life~~	37794
~~or physical health of the woman from the continuation of the~~	37795
~~pregnancy necessitating the immediate performance or inducement of~~	37796
~~an abortion~~has the same meaning as in section 2919.16 of the	37797
Revised Code.	37798

(2) "Medical necessity" means a medical condition of a	37799
pregnant woman that, in the reasonable judgment of the physician	37800
who is attending the woman, so complicates the pregnancy that it	37801
necessitates the immediate performance or inducement of an	37802
abortion.	37803

(3) "Probable gestational age of the embryo or fetus" means	37804
the gestational age that, in the judgment of a physician, is, with	37805
reasonable probability, the gestational age of the embryo or fetus	37806
at the time that the physician informs a pregnant woman pursuant	37807
to division (B)(1)(b) of this section.	37808

(B) Except when there is a medical emergency or medical	37809
necessity, an abortion shall be performed or induced only if all	37810
of the following conditions are satisfied:	37811

(1) At least twenty-four hours prior to the performance or	37812
inducement of the abortion, a physician meets with the pregnant	37813
woman in person in an individual, private setting and gives her an	37814
adequate opportunity to ask questions about the abortion that will	37815
be performed or induced. At this meeting, the physician shall	37816
inform the pregnant woman, verbally or, if she is hearing	37817
impaired, by other means of communication, of all of the	37818
following:	37819

(a) The nature and purpose of the particular abortion	37820
procedure to be used and the medical risks associated with that	37821
procedure;	37822

(b) The probable gestational age of the embryo or fetus;

37823

(c) The medical risks associated with the pregnant woman	37824
carrying the pregnancy to term.	37825

The meeting need not occur at the facility where the abortion	37826
is to be performed or induced, and the physician involved in the	37827
meeting need not be affiliated with that facility or with the	37828
physician who is scheduled to perform or induce the abortion.	37829

(2) At least twenty-four hours prior to the performance or	37830
inducement of the abortion, ~~one or more physicians or one or more~~	37831
~~agents of one or more physicians do~~the physician who is to	37832
perform or induce the abortion or the physician's agent does each	37833
of the following in person, by telephone, by certified mail,	37834
return receipt requested, or by regular mail evidenced by a	37835
certificate of mailing:	37836

(a) Inform the pregnant woman of the name of the physician	37837
who is scheduled to perform or induce the abortion;	37838

(b) Give the pregnant woman copies of the published materials	37839
described in division (C) of this section;	37840

(c) Inform the pregnant woman that the materials given	37841
pursuant to division (B)(2)(b) of this section are published by	37842
the state and that they describe the embryo or fetus and list	37843
agencies that offer alternatives to abortion. The pregnant woman	37844
may choose to examine or not to examine the materials. A physician	37845
or an agent of a physician may choose to be disassociated from the	37846
materials and may choose to comment or not comment on the	37847
materials.	37848

(3) If it has been determined that the unborn human	37849
individual the pregnant woman is carrying has a detectable	37850
heartbeat, the physician who is to perform or induce the abortion	37851
shall comply with the informed consent requirements in section	37852
2919.192 of the Revised Code in addition to complying with the	37853
informed consent requirements in divisions (B)(1), (2), (4), and	37854
(5) of this section.	37855

(4) Prior to the performance or inducement of the abortion,	37856
the pregnant woman signs a form consenting to the abortion and	37857
certifies both of the following on that form:	37858

(a) She has received the information and materials described	37859
in divisions (B)(1) and (2) of this section, and her questions	37860
about the abortion that will be performed or induced have been	37861
answered in a satisfactory manner.	37862

(b) She consents to the particular abortion voluntarily,	37863
knowingly, intelligently, and without coercion by any person, and	37864
she is not under the influence of any drug of abuse or alcohol.	37865

~~(4)~~The form shall contain the name and contact information	37866
of the physician who provided to the pregnant woman the	37867
information described in division (B)(1) of this section.	37868

(5) Prior to the performance or inducement of the abortion,	37869
the physician who is scheduled to perform or induce the abortion	37870
or the physician's agent receives a copy of the pregnant woman's	37871
signed form on which she consents to the abortion and that	37872
includes the certification required by division (B)~~(3)~~(4) of this	37873
section.	37874

(C) The department of health shall publish in English and in	37875
Spanish, in a typeface large enough to be clearly legible, and in	37876
an easily comprehensible format, the following materials on the	37877
department's web site:	37878

(1) Materials that inform the pregnant woman about family	37879
planning information, of publicly funded agencies that are	37880
available to assist in family planning, and of public and private	37881
agencies and services that are available to assist her through the	37882
pregnancy, upon childbirth, and while the child is dependent,	37883
including, but not limited to, adoption agencies. The materials	37884
shall be geographically indexed; include a comprehensive list of	37885
the available agencies, a description of the services offered by	37886
the agencies, and the telephone numbers and addresses of the	37887
agencies; and inform the pregnant woman about available medical	37888
assistance benefits for prenatal care, childbirth, and neonatal	37889
care and about the support obligations of the father of a child	37890
who is born alive. The department shall ensure that the materials	37891
described in division (C)(1) of this section are comprehensive and	37892
do not directly or indirectly promote, exclude, or discourage the	37893
use of any agency or service described in this division.	37894

(2) Materials that inform the pregnant woman of the probable	37895
anatomical and physiological characteristics of the zygote,	37896
blastocyte, embryo, or fetus at two-week gestational increments	37897
for the first sixteen weeks of pregnancy and at four-week	37898
gestational increments from the seventeenth week of pregnancy to	37899
full term, including any relevant information regarding the time	37900
at which the fetus possibly would be viable. The department shall	37901
cause these materials to be published only after it consults with	37902
the Ohio state medical association and the Ohio section of the	37903
American college of obstetricians and gynecologists relative to	37904
the probable anatomical and physiological characteristics of a	37905
zygote, blastocyte, embryo, or fetus at the various gestational	37906
increments. The materials shall use language that is	37907
understandable by the average person who is not medically trained,	37908
shall be objective and nonjudgmental, and shall include only	37909
accurate scientific information about the zygote, blastocyte,	37910
embryo, or fetus at the various gestational increments. If the	37911
materials use a pictorial, photographic, or other depiction to	37912
provide information regarding the zygote, blastocyte, embryo, or	37913
fetus, the materials shall include, in a conspicuous manner, a	37914
scale or other explanation that is understandable by the average	37915
person and that can be used to determine the actual size of the	37916
zygote, blastocyte, embryo, or fetus at a particular gestational	37917
increment as contrasted with the depicted size of the zygote,	37918
blastocyte, embryo, or fetus at that gestational increment.	37919

(D) Upon the submission of a request to the department of	37920
health by any person, hospital, physician, or medical facility for	37921
one copy of the materials published in accordance with division	37922
(C) of this section, the department shall make the requested copy	37923
of the materials available to the person, hospital, physician, or	37924
medical facility that requested the copy.	37925

(E) If a medical emergency or medical necessity compels the	37926
performance or inducement of an abortion, the physician who will	37927
perform or induce the abortion, prior to its performance or	37928
inducement if possible, shall inform the pregnant woman of the	37929
medical indications supporting the physician's judgment that an	37930
immediate abortion is necessary. Any physician who performs or	37931
induces an abortion without the prior satisfaction of the	37932
conditions specified in division (B) of this section because of a	37933
medical emergency or medical necessity shall enter the reasons for	37934
the conclusion that a medical emergency or medical necessity	37935
exists in the medical record of the pregnant woman.	37936

(F) If the conditions specified in division (B) of this	37937
section are satisfied, consent to an abortion shall be presumed to	37938
be valid and effective.	37939

(G) The performance or inducement of an abortion without the	37940
prior satisfaction of the conditions specified in division (B) of	37941
this section does not constitute, and shall not be construed as	37942
constituting, a violation of division (A) of section 2919.12 of	37943
the Revised Code. The failure of a physician to satisfy the	37944
conditions of division (B) of this section prior to performing or	37945
inducing an abortion upon a pregnant woman may be the basis of	37946
both of the following:	37947

(1) A civil action for compensatory and exemplary damages as	37948
described in division (H) of this section;	37949

(2) Disciplinary action under section 4731.22 of the Revised	37950
Code.	37951

(H)(1) Subject to divisions (H)(2) and (3) of this section,	37952
any physician who performs or induces an abortion with actual	37953
knowledge that the conditions specified in division (B) of this	37954
section have not been satisfied or with a heedless indifference as	37955
to whether those conditions have been satisfied is liable in	37956
compensatory and exemplary damages in a civil action to any	37957
person, or the representative of the estate of any person, who	37958
sustains injury, death, or loss to person or property as a result	37959
of the failure to satisfy those conditions. In the civil action,	37960
the court additionally may enter any injunctive or other equitable	37961
relief that it considers appropriate.	37962

(2) The following shall be affirmative defenses in a civil	37963
action authorized by division (H)(1) of this section:	37964

(a) The physician performed or induced the abortion under the	37965
circumstances described in division (E) of this section.	37966

(b) The physician made a good faith effort to satisfy the	37967
conditions specified in division (B) of this section.	37968

(3) An employer or other principal is not liable in damages	37969
in a civil action authorized by division (H)(1) of this section on	37970
the basis of the doctrine of respondeat superior unless either of	37971
the following applies:	37972

(a) The employer or other principal had actual knowledge or,	37973
by the exercise of reasonable diligence, should have known that an	37974
employee or agent performed or induced an abortion with actual	37975
knowledge that the conditions specified in division (B) of this	37976
section had not been satisfied or with a heedless indifference as	37977
to whether those conditions had been satisfied.	37978

(b) The employer or other principal negligently failed to	37979
secure the compliance of an employee or agent with division (B) of	37980
this section.	37981

(4) Notwithstanding division (E) of section 2919.12 of the	37982
Revised Code, the civil action authorized by division (H)(1) of	37983
this section shall be the exclusive civil remedy for persons, or	37984
the representatives of estates of persons, who allegedly sustain	37985
injury, death, or loss to person or property as a result of a	37986
failure to satisfy the conditions specified in division (B) of	37987
this section.	37988

(I) The department of job and family services shall prepare	37989
and conduct a public information program to inform women of all	37990
available governmental programs and agencies that provide services	37991
or assistance for family planning, prenatal care, child care, or	37992
alternatives to abortion.	37993

Sec. 2329.192. (A) As used in this section:

37994

(1) "State lien" means a lien upon real estate, including	37995
lands and tenements, of persons indebted to the state for debt,	37996
taxes, or in any other manner recorded by a state agency in any	37997
office of the clerk of a county court or the county recorder.	37998

(2) "State lienholder" means the department, agency, or other	37999
division of the state in whose name a state lien has been filed or	38000
recorded.	38001

(B) In every action seeking the judicial sale of real estate	38002
that is subject to a state lien, all of the following apply:	38003

(1) The party seeking a judicial sale shall include the state	38004
lienholder as a party defendant and shall serve that state	38005
lienholder with a copy of the preliminary judicial report or	38006
commitment for an owner's fee policy of title insurance filed in	38007
accordance with section 2329.191 of the Revised Code.	38008

(2) A state lienholder shall not be made a party defendant if	38009
no state lien has been recorded against the owner of the real	38010
estate for which the judicial sale is sought.	38011

(3) The appearance of the state lienholder shall be presumed	38012
for purposes of jurisdiction, and the court shall take judicial	38013
notice that the state has a lien against the real estate.	38014

(4) A state lienholder may, but is not required to, file an	38015
answer to the complaint or any other pleading in the action if the	38016
amount, validity, or priority of the state lien is not identified	38017
in the pleadings as disputed and shall file an answer to the	38018
complaint or any other pleading in the action if the amount,	38019
validity, or priority of the state lien is identified in the	38020
pleadings as disputed. If a state lien is not identified as	38021
disputed, unless the state files an answer or other responsive	38022
pleading, the party seeking the judicial sale is not required to	38023
serve the state lienholder with any answer or subsequent pleadings	38024
in the action for judicial sale.	38025

(5) As part of any order confirming the sale of the real	38026
estate that is subject to any undisputed state lien or	38027
distributing the proceeds of any judicial sale of real estate, the	38028
undisputed state lien shall be protected as if the state had	38029
appeared in the action and filed an answer asserting the validity	38030
of the state lien as recorded in the office of the clerk of the	38031
county court or the office of the county recorder.	38032

(6) Any party asserting a dispute as to the amount, validity,	38033
or priority of the state lien or of any lien or other interest	38034
that has priority over the state lien shall serve the state	38035
lienholder and the attorney general with notice of the dispute,	38036
and the state lienholder shall be permitted to file a responsive	38037
pleading and participate in the proceedings as if the state	38038
lienholder had been served with a summons on the date the state	38039
lienholder received notice of the dispute.	38040

(C) Upon the judicial sale of the real estate that is the	38041
subject of an action under division (B) of this section, the	38042
interest of any undisputed state lien shall transfer to the	38043
proceeds of the sale of the real estate, and the state lienholder	38044
shall be entitled to payment from the proceeds of the sale of the	38045
real estate in accordance with the state lienholder's priority as	38046
set forth in the final judicial report or commitment for an	38047
owner's fee policy of title insurance filed in accordance with	38048
section 2329.191 of the Revised Code.	38049

Sec. 2505.02. (A) As used in this section:

38050

(1) "Substantial right" means a right that the United States	38051
Constitution, the Ohio Constitution, a statute, the common law, or	38052
a rule of procedure entitles a person to enforce or protect.	38053

(2) "Special proceeding" means an action or proceeding that	38054
is specially created by statute and that prior to 1853 was not	38055
denoted as an action at law or a suit in equity.	38056

(3) "Provisional remedy" means a proceeding ancillary to an	38057
action, including, but not limited to, a proceeding for a	38058
preliminary injunction, attachment, discovery of privileged	38059
matter, suppression of evidence, a prima-facie showing pursuant to	38060
section 2307.85 or 2307.86 of the Revised Code, a prima-facie	38061
showing pursuant to section 2307.92 of the Revised Code, or a	38062
finding made pursuant to division (A)(3) of section 2307.93 of the	38063
Revised Code.	38064

(B) An order is a final order that may be reviewed, affirmed,	38065
modified, or reversed, with or without retrial, when it is one of	38066
the following:	38067

(1) An order that affects a substantial right in an action	38068
that in effect determines the action and prevents a judgment;	38069

(2) An order that affects a substantial right made in a	38070
special proceeding or upon a summary application in an action	38071
after judgment;	38072

(3) An order that vacates or sets aside a judgment or grants	38073
a new trial;	38074

(4) An order that grants or denies a provisional remedy and	38075
to which both of the following apply:	38076

(a) The order in effect determines the action with respect to	38077
the provisional remedy and prevents a judgment in the action in	38078
favor of the appealing party with respect to the provisional	38079
remedy.	38080

(b) The appealing party would not be afforded a meaningful or	38081
effective remedy by an appeal following final judgment as to all	38082
proceedings, issues, claims, and parties in the action.	38083

(5) An order that determines that an action may or may not be	38084
maintained as a class action;	38085

(6) An order determining the constitutionality of any changes	38086
to the Revised Code made by Am. Sub. S.B. 281 of the 124th general	38087
assembly, including the amendment of sections 1751.67, 2117.06,	38088
2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21,	38089
2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63,	38090
3923.64, 4705.15, and 5111.018 (renumbered as 5164.07 by H.B. 59	38091
of the 130th general assembly), and the enactment of sections	38092
2305.113, 2323.41, 2323.43, and 2323.55 of the Revised Code or any	38093
changes made by Sub. S.B. 80 of the 125th general assembly,	38094
including the amendment of sections 2125.02, 2305.10, 2305.131,	38095
2315.18, 2315.19, and 2315.21 of the Revised Code;	38096

(7) An order in an appropriation proceeding that may be	38097
appealed pursuant to division (B)(3) of section 163.09 of the	38098
Revised Code.	38099

(C) When a court issues an order that vacates or sets aside a	38100
judgment or grants a new trial, the court, upon the request of	38101
either party, shall state in the order the grounds upon which the	38102
new trial is granted or the judgment vacated or set aside.	38103

(D) This section applies to and governs any action, including	38104
an appeal, that is pending in any court on July 22, 1998, and all	38105
claims filed or actions commenced on or after July 22, 1998,	38106
notwithstanding any provision of any prior statute or rule of law	38107
of this state.	38108

Sec. 2743.48. (A) As used in this section and section	38109
2743.49 of the Revised Code, a "wrongfully imprisoned individual"	38110
means an individual who satisfies each of the following:	38111

(1) The individual was charged with a violation of a section	38112
of the Revised Code by an indictment or information, and the	38113
violation charged was an aggravated felony or felony.	38114

(2) The individual was found guilty of, but did not plead	38115
guilty to, the particular charge or a lesser-included offense by	38116
the court or jury involved, and the offense of which the	38117
individual was found guilty was an aggravated felony or felony.	38118

(3) The individual was sentenced to an indefinite or definite	38119
term of imprisonment in a state correctional institution for the	38120
offense of which the individual was found guilty.	38121

(4) The individual's conviction was vacated, dismissed, or	38122
reversed on appeal, the prosecuting attorney in the case cannot or	38123
will not seek any further appeal of right or upon leave of court,	38124
and no criminal proceeding is pending, can be brought, or will be	38125
brought by any prosecuting attorney, city director of law, village	38126
solicitor, or other chief legal officer of a municipal corporation	38127
against the individual for any act associated with that	38128
conviction.	38129

(5) Subsequent to sentencing and during or subsequent to	38130
imprisonment, an error in procedure resulted in the individual's	38131
release, or it was determined by the court of common pleas in the	38132
county where the underlying criminal action was initiated that the	38133
charged offense, including all lesser-included offenses, either	38134
was not committed by the individual or was not committed by any	38135
person.	38136

(B)(1) A person may file a civil action to be declared a	38137
wrongfully imprisoned individual in the court of common pleas in	38138
the county where the underlying criminal action was initiated.	38139
That civil action shall be separate from the underlying finding of	38140
guilt by the court of common pleas. Upon the filing of a civil	38141
action to be determined a wrongfully imprisoned individual, the	38142
attorney general shall be served with a copy of the complaint and	38143
shall be heard.	38144

(2) When the court of common pleas in the county where the	38145
underlying criminal action was initiated determines in a separate	38146
civil action that a person is a wrongfully imprisoned individual,	38147
the court shall provide the person with a copy of this section and	38148
orally inform the person and the person's attorney of the person's	38149
rights under this section to commence a civil action against the	38150
state in the court of claims because of the person's wrongful	38151
imprisonment and to be represented in that civil action by counsel	38152
of the person's own choice.	38153

(3) The court described in division (B)(1) of this section	38154
shall notify the clerk of the court of claims, in writing and	38155
within seven days after the date of the entry of its determination	38156
that the person is a wrongfully imprisoned individual, of the name	38157
and proposed mailing address of the person and of the fact that	38158
the person has the rights to commence a civil action and to have	38159
legal representation as provided in this section. The clerk of the	38160
court of claims shall maintain in the clerk's office a list of	38161
wrongfully imprisoned individuals for whom notices are received	38162
under this section and shall create files in the clerk's office	38163
for each such individual.	38164

(4) Within sixty days after the date of the entry of the	38165
determination by the court of common pleas in the county where the	38166
underlying criminal action was initiated that a person is a	38167
wrongfully imprisoned individual, the clerk of the court of claims	38168
shall forward a preliminary judgment to the president of the	38169
controlling board requesting the payment of fifty per cent of the	38170
amount described in division (E)(2)(b) of this section to the	38171
wrongfully imprisoned individual. The board shall take all actions	38172
necessary to cause the payment of that amount out of the emergency	38173
purposes special purpose account of the board.	38174

(5) If an individual was serving at the time of the wrongful	38175
imprisonment concurrent sentences on other convictions that were	38176
not vacated, dismissed, or reversed on appeal, the individual is	38177
not eligible for compensation as described in this section for any	38178
portion of that wrongful imprisonment that occurred during a	38179
concurrent sentence of that nature.	38180

(C)(1) In a civil action under this section, a wrongfully	38181
imprisoned individual has the right to have counsel of the	38182
individual's own choice.	38183

(2) If a wrongfully imprisoned individual who is the subject	38184
of a court determination as described in division (B)(2) of this	38185
section does not commence a civil action under this section within	38186
six months after the entry of that determination, the clerk of the	38187
court of claims shall send a letter to the wrongfully imprisoned	38188
individual, at the address set forth in the notice received from	38189
the court of common pleas pursuant to division (B)(3) of this	38190
section or to any later address provided by the wrongfully	38191
imprisoned individual, that reminds the wrongfully imprisoned	38192
individual of the wrongfully imprisoned individual's rights under	38193
this section. Until the statute of limitations provided in	38194
division (H) of this section expires and unless the wrongfully	38195
imprisoned individual commences a civil action under this section,	38196
the clerk of the court of claims shall send a similar letter in a	38197
similar manner to the wrongfully imprisoned individual at least	38198
once each three months after the sending of the first reminder.	38199

(D) Notwithstanding any provisions of this chapter to the	38200
contrary, a wrongfully imprisoned individual has and may file a	38201
civil action against the state, in the court of claims, to recover	38202
a sum of money as described in this section, because of the	38203
individual's wrongful imprisonment. The court of claims shall have	38204
exclusive, original jurisdiction over such a civil action. The	38205
civil action shall proceed, be heard, and be determined as	38206
provided in sections 2743.01 to 2743.20 of the Revised Code,	38207
except that if a provision of this section conflicts with a	38208
provision in any of those sections, the provision in this section	38209
controls.	38210

(E)(1) In a civil action as described in division (D) of this	38211
section, the complainant may establish that the claimant is a	38212
wrongfully imprisoned individual by submitting to the court of	38213
claims a certified copy of the judgment entry of the court of	38214
common pleas associated with the claimant's conviction and	38215
sentencing, and a certified copy of the entry of the determination	38216
of the court of common pleas that the claimant is a wrongfully	38217
imprisoned individual under division (B)(2) of this section. No	38218
other evidence shall be required of the complainant to establish	38219
that the claimant is a wrongfully imprisoned individual, and the	38220
claimant shall be irrebuttably presumed to be a wrongfully	38221
imprisoned individual.	38222

(2) In a civil action as described in division (D) of this	38223
section, upon presentation of requisite proof to the court of	38224
claims, a wrongfully imprisoned individual is entitled to receive	38225
a sum of money that equals the total of each of the following	38226
amounts:	38227

(a) The amount of any fine or court costs imposed and paid,	38228
and the reasonable attorney's fees and other expenses incurred by	38229
the wrongfully imprisoned individual in connection with all	38230
associated criminal proceedings and appeals, and, if applicable,	38231
in connection with obtaining the wrongfully imprisoned	38232
individual's discharge from confinement in the state correctional	38233
institution;	38234

(b) For each full year of imprisonment in the state	38235
correctional institution for the offense of which the wrongfully	38236
imprisoned individual was found guilty, forty thousand three	38237
hundred thirty dollars or the adjusted amount determined by the	38238
auditor of state pursuant to section 2743.49 of the Revised Code,	38239
and for each part of a year of being so imprisoned, a pro-rated	38240
share of forty thousand three hundred thirty dollars or the	38241
adjusted amount determined by the auditor of state pursuant to	38242
section 2743.49 of the Revised Code;	38243

(c) Any loss of wages, salary, or other earned income that	38244
directly resulted from the wrongfully imprisoned individual's	38245
arrest, prosecution, conviction, and wrongful imprisonment;	38246

(d) The amount of the following cost debts the department of	38247
rehabilitation and correction recovered from the wrongfully	38248
imprisoned individual who was in custody of the department or	38249
under the department's supervision:	38250

(i) Any user fee or copayment for services at a detention	38251
facility, including, but not limited to, a fee or copayment for	38252
sick call visits;	38253

(ii) The cost of housing and feeding the wrongfully	38254
imprisoned individual in a detention facility;	38255

(iii) The cost of supervision of the wrongfully imprisoned	38256
individual;	38257

(iv) The cost of any ancillary services provided to the	38258
wrongfully imprisoned individual.	38259

(F)(1) If the court of claims determines in a civil action as	38260
described in division (D) of this section that the complainant is	38261
a wrongfully imprisoned individual, it shall enter judgment for	38262
the wrongfully imprisoned individual in the amount of the sum of	38263
money to which the wrongfully imprisoned individual is entitled	38264
under division (E)(2) of this section. In determining that sum,	38265
the court of claims shall not take into consideration any expenses	38266
incurred by the state or any of its political subdivisions in	38267
connection with the arrest, prosecution, and imprisonment of the	38268
wrongfully imprisoned individual, including, but not limited to,	38269
expenses for food, clothing, shelter, and medical services. The	38270
court shall reduce that sum by the amount of the payment to the	38271
wrongfully imprisoned individual described in division (B)(4) of	38272
this section.	38273

(2) If the wrongfully imprisoned individual was represented	38274
in the civil action under this section by counsel of the	38275
wrongfully imprisoned individual's own choice, the court of claims	38276
shall include in the judgment entry referred to in division (F)(1)	38277
of this section an award for the reasonable attorney's fees of	38278
that counsel. These fees shall be paid as provided in division (G)	38279
of this section.	38280

(3) The state consents to be sued by a wrongfully imprisoned	38281
individual because the imprisonment was wrongful, and to liability	38282
on its part because of that fact, only as provided in this	38283
section. However, this section does not affect any liability of	38284
the state or of its employees to a wrongfully imprisoned	38285
individual on a claim for relief that is not based on the fact of	38286
the wrongful imprisonment, including, but not limited to, a claim	38287
for relief that arises out of circumstances occurring during the	38288
wrongfully imprisoned individual's confinement in the state	38289
correctional institution.	38290

(G) The clerk of the court of claims shall forward a	38291
certified copy of a judgment under division (F) of this section to	38292
the president of the controlling board. The board shall take all	38293
actions necessary to cause the payment of the judgment out of the	38294
emergency purposes special purpose account of the board.	38295

(H) To be eligible to recover a sum of money as described in	38296
this section because of wrongful imprisonment, both of the	38297
following shall apply to a wrongfully imprisoned individual:	38298

(1) The wrongfully imprisoned individual shall not have been,	38299
prior to September 24, 1986, the subject of an act of the general	38300
assembly that authorized an award of compensation for the wrongful	38301
imprisonment or have been the subject of an action before the	38302
former sundry claims board that resulted in an award of	38303
compensation for the wrongful imprisonment.	38304

(2) The wrongfully imprisoned individual shall commence a	38305
civil action under this section in the court of claims no later	38306
than two years after the date of the entry of the determination of	38307
the court of common pleas that the individual is a wrongfully	38308
imprisoned individual under division (B)(2) of this section.	38309

Sec. 2744.05. Notwithstanding any other provisions of the	38310
Revised Code or rules of a court to the contrary, in an action	38311
against a political subdivision to recover damages for injury,	38312
death, or loss to person or property caused by an act or omission	38313
in connection with a governmental or proprietary function:	38314

(A) Punitive or exemplary damages shall not be awarded.

38315

(B)(1) If a claimant receives or is entitled to receive	38316
benefits for injuries or loss allegedly incurred from a policy or	38317
policies of insurance or any other source, the benefits shall be	38318
disclosed to the court, and the amount of the benefits shall be	38319
deducted from any award against a political subdivision recovered	38320
by that claimant. No insurer or other person is entitled to bring	38321
an action under a subrogation provision in an insurance or other	38322
contract against a political subdivision with respect to those	38323
benefits.	38324

The amount of the benefits shall be deducted from an award	38325
against a political subdivision under division (B)(1) of this	38326
section regardless of whether the claimant may be under an	38327
obligation to pay back the benefits upon recovery, in whole or in	38328
part, for the claim. A claimant whose benefits have been deducted	38329
from an award under division (B)(1) of this section is not	38330
considered fully compensated and shall not be required to	38331
reimburse a subrogated claim for benefits deducted from an award	38332
pursuant to division (B)(1) of this section.	38333

(2) Nothing in division (B)(1) of this section shall be	38334
construed to do either of the following:	38335

(a) Limit the rights of a beneficiary under a life insurance	38336
policy or the rights of sureties under fidelity or surety bonds;	38337

(b) Prohibit the department of ~~job and family services~~	38338
medicaid from recovering from the political subdivision, pursuant	38339
to section ~~5101.58~~5160.37 of the Revised Code, the cost of	38340
medical assistance ~~benefits provided under Chapter 5107. or 5111.~~	38341
~~of the Revised Code~~provided under a medical assistance program.	38342

(C)(1) There shall not be any limitation on compensatory	38343
damages that represent the actual loss of the person who is	38344
awarded the damages. However, except in wrongful death actions	38345
brought pursuant to Chapter 2125. of the Revised Code, damages	38346
that arise from the same cause of action, transaction or	38347
occurrence, or series of transactions or occurrences and that do	38348
not represent the actual loss of the person who is awarded the	38349
damages shall not exceed two hundred fifty thousand dollars in	38350
favor of any one person. The limitation on damages that do not	38351
represent the actual loss of the person who is awarded the damages	38352
provided in this division does not apply to court costs that are	38353
awarded to a plaintiff, or to interest on a judgment rendered in	38354
favor of a plaintiff, in an action against a political	38355
subdivision.	38356

(2) As used in this division, "the actual loss of the person	38357
who is awarded the damages" includes all of the following:	38358

(a) All wages, salaries, or other compensation lost by the	38359
person injured as a result of the injury, including wages,	38360
salaries, or other compensation lost as of the date of a judgment	38361
and future expected lost earnings of the person injured;	38362

(b) All expenditures of the person injured or another person	38363
on behalf of the person injured for medical care or treatment, for	38364
rehabilitation services, or for other care, treatment, services,	38365
products, or accommodations that were necessary because of the	38366
injury;	38367

(c) All expenditures to be incurred in the future, as	38368
determined by the court, by the person injured or another person	38369
on behalf of the person injured for medical care or treatment, for	38370
rehabilitation services, or for other care, treatment, services,	38371
products, or accommodations that will be necessary because of the	38372
injury;	38373

(d) All expenditures of a person whose property was injured	38374
or destroyed or of another person on behalf of the person whose	38375
property was injured or destroyed in order to repair or replace	38376
the property that was injured or destroyed;	38377

(e) All expenditures of the person injured or of the person	38378
whose property was injured or destroyed or of another person on	38379
behalf of the person injured or of the person whose property was	38380
injured or destroyed in relation to the actual preparation or	38381
presentation of the claim involved;	38382

(f) Any other expenditures of the person injured or of the	38383
person whose property was injured or destroyed or of another	38384
person on behalf of the person injured or of the person whose	38385
property was injured or destroyed that the court determines	38386
represent an actual loss experienced because of the personal or	38387
property injury or property loss.	38388

"The actual loss of the person who is awarded the damages"	38389
does not include any fees paid or owed to an attorney for any	38390
services rendered in relation to a personal or property injury or	38391
property loss, and does not include any damages awarded for pain	38392
and suffering, for the loss of society, consortium, companionship,	38393
care, assistance, attention, protection, advice, guidance,	38394
counsel, instruction, training, or education of the person	38395
injured, for mental anguish, or for any other intangible loss.	38396

Sec. 2901.13. (A)(1) Except as provided in division (A)(2)	38397
or (3) of this section or as otherwise provided in this section, a	38398
prosecution shall be barred unless it is commenced within the	38399
following periods after an offense is committed:	38400

(a) For a felony, six years;

38401

(b) For a misdemeanor other than a minor misdemeanor, two	38402
years;	38403

38404

(2) There is no period of limitation for the prosecution of a	38405
violation of section 2903.01 or 2903.02 of the Revised Code.	38406

(3) Except as otherwise provided in divisions (B) to (H) of	38407
this section, a prosecution of any of the following offenses shall	38408
be barred unless it is commenced within twenty years after the	38409
offense is committed:	38410

(a) A violation of section 2903.03, 2903.04, 2905.01,	38411
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02,	38412
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	38413
2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised	38414
Code, a violation of section 2903.11 or 2903.12 of the Revised	38415
Code if the victim is a peace officer, a violation of section	38416
2903.13 of the Revised Code that is a felony, or a violation of	38417
former section 2907.12 of the Revised Code;	38418

(b) A conspiracy to commit, attempt to commit, or complicity	38419
in committing a violation set forth in division (A)(3)(a) of this	38420
section.	38421

(B)(1) Except as otherwise provided in division (B)(2) of	38422
this section, if the period of limitation provided in division	38423
(A)(1) or (3) of this section has expired, prosecution shall be	38424
commenced for an offense of which an element is fraud or breach of	38425
a fiduciary duty, within one year after discovery of the offense	38426
either by an aggrieved person, or by the aggrieved person's legal	38427
representative who is not a party to the offense.	38428

(2) If the period of limitation provided in division (A)(1)	38429
or (3) of this section has expired, prosecution for a violation of	38430
section 2913.49 of the Revised Code shall be commenced within five	38431
years after discovery of the offense either by an aggrieved person	38432
or the aggrieved person's legal representative who is not a party	38433
to the offense.	38434

(C)(1) If the period of limitation provided in division	38435
(A)(1) or (3) of this section has expired, prosecution shall be	38436
commenced for the following offenses during the following	38437
specified periods of time:	38438

(a) For an offense involving misconduct in office by a public	38439
servant, at any time while the accused remains a public servant,	38440
or within two years thereafter;	38441

(b) For an offense by a person who is not a public servant	38442
but whose offense is directly related to the misconduct in office	38443
of a public servant, at any time while that public servant remains	38444
a public servant, or within two years thereafter.	38445

(2) As used in this division:

38446

(a) An "offense is directly related to the misconduct in	38447
office of a public servant" includes, but is not limited to, a	38448
violation of section 101.71, 101.91, 121.61 or 2921.13, division	38449
(F) or (H) of section 102.03, division (A) of section 2921.02,	38450
division (A) or (B) of section 2921.43, or division (F) or (G) of	38451
section 3517.13 of the Revised Code, that is directly related to	38452
an offense involving misconduct in office of a public servant.	38453

(b) "Public servant" has the same meaning as in section	38454
2921.01 of the Revised Code.	38455

(D) An offense is committed when every element of the offense	38456
occurs. In the case of an offense of which an element is a	38457
continuing course of conduct, the period of limitation does not	38458
begin to run until such course of conduct or the accused's	38459
accountability for it terminates, whichever occurs first.	38460

(E) A prosecution is commenced on the date an indictment is	38461
returned or an information filed, or on the date a lawful arrest	38462
without a warrant is made, or on the date a warrant, summons,	38463
citation, or other process is issued, whichever occurs first. A	38464
prosecution is not commenced by the return of an indictment or the	38465
filing of an information unless reasonable diligence is exercised	38466
to issue and execute process on the same. A prosecution is not	38467
commenced upon issuance of a warrant, summons, citation, or other	38468
process, unless reasonable diligence is exercised to execute the	38469
same.	38470

(F) The period of limitation shall not run during any time	38471
when the corpus delicti remains undiscovered.	38472

(G) The period of limitation shall not run during any time	38473
when the accused purposely avoids prosecution. Proof that the	38474
accused departed this state or concealed the accused's identity or	38475
whereabouts is prima-facie evidence of the accused's purpose to	38476
avoid prosecution.	38477

(H) The period of limitation shall not run during any time a	38478
prosecution against the accused based on the same conduct is	38479
pending in this state, even though the indictment, information, or	38480
process that commenced the prosecution is quashed or the	38481
proceedings on the indictment, information, or process are set	38482
aside or reversed on appeal.	38483

(I) The period of limitation for a violation of any provision	38484
of Title XXIX of the Revised Code that involves a physical or	38485
mental wound, injury, disability, or condition of a nature that	38486
reasonably indicates abuse or neglect of a child under eighteen	38487
years of age or of a mentally retarded, developmentally disabled,	38488
or physically impaired child under twenty-one years of age shall	38489
not begin to run until either of the following occurs:	38490

(1) The victim of the offense reaches the age of majority.

38491

(2) A public children services agency, or a municipal or	38492
county peace officer that is not the parent or guardian of the	38493
child, in the county in which the child resides or in which the	38494
abuse or neglect is occurring or has occurred has been notified	38495
that abuse or neglect is known, suspected, or believed to have	38496
occurred.	38497

(J) As used in this section, "peace officer" has the same	38498
meaning as in section 2935.01 of the Revised Code.	38499

Sec. 2901.30. (A) As used in sections 2901.30 to 2901.32 of	38500
the Revised Code:	38501

(1) "Information" means information that can be integrated	38502
into the computer system and that relates to the physical or	38503
mental description of a minor including, but not limited to,	38504
height, weight, color of hair and eyes, use of eyeglasses or	38505
contact lenses, skin coloring, physical or mental handicaps,	38506
special medical conditions or needs, abnormalities, problems,	38507
scars and marks, and distinguishing characteristics, and other	38508
information that could assist in identifying a minor including,	38509
but not limited to, full name and nickname, date and place of	38510
birth, age, names and addresses of parents and other relatives,	38511
fingerprints, dental records, photographs, social security number,	38512
driver's license number, credit card numbers, bank account	38513
numbers, and clothing.	38514

(2) "Minor" means a person under eighteen years of age.

38515

(3) "Missing children" or "missing child" means either of the	38516
following:	38517

(a) A minor who has run away from or who otherwise is missing	38518
from the home of, or the care, custody, and control of, the	38519
minor's parents, parent who is the residential parent and legal	38520
custodian, guardian, legal custodian, or other person having	38521
responsibility for the care of the minor;	38522

(b) A minor who is missing and about whom there is reason to	38523
believe the minor could be the victim of a violation of section	38524
2905.01, 2905.02, 2905.03, or 2919.23 of the Revised Code or of a	38525
violation of section 2905.04 of the Revised Code as it existed	38526
prior to July 1, 1996.	38527

(B) When a law enforcement agency in this state that has	38528
jurisdiction in the matter is informed that a minor is or may be a	38529
missing child and that the person providing the information wishes	38530
to file a missing child report, the law enforcement agency shall	38531
take that report. Upon taking the report, the law enforcement	38532
agency shall take prompt action upon it, including, but not	38533
limited to, concerted efforts to locate the missing child. No law	38534
enforcement agency in this state shall have a rule or policy that	38535
prohibits or discourages the filing of or the taking of action	38536
upon a missing child report, within a specified period following	38537
the discovery or formulation of a belief that a minor is or could	38538
be a missing child.	38539

(C) If a missing child report is made to a law enforcement	38540
agency in this state that has jurisdiction in the matter, the law	38541
enforcement agency shall gather readily available information	38542
about the missing child and integrate it into the national crime	38543
information center computer immediately following the making of	38544
the report. The law enforcement agency shall make reasonable	38545
efforts to acquire additional information about the missing child	38546
following the transmittal of the initially available information,	38547
and promptly integrate any additional information acquired into	38548
such computer systems.	38549

Whenever a law enforcement agency integrates information	38550
about a missing child into the national crime information center	38551
computer, the law enforcement agency promptly shall notify the	38552
missing child's parents, parent who is the residential parent and	38553
legal custodian, guardian, or legal custodian, or any other person	38554
responsible for the care of the missing child, that it has so	38555
integrated the information.	38556

The parents, parent who is the residential parent and legal	38557
custodian, guardian, legal custodian, or other person responsible	38558
for the care of the missing child shall provide available	38559
information upon request, and may provide information voluntarily,	38560
to the law enforcement agency during the information gathering	38561
process. The law enforcement agency also may obtain available	38562
information about the missing child from other persons, subject to	38563
constitutional and statutory limitations.	38564

(D) Upon the filing of a missing child report, the law	38565
enforcement agency involved may notify the public or nonpublic	38566
school in which the missing child is or was most recently	38567
enrolled, as ascertained by the agency, that the child is the	38568
subject of a missing child report and that the child's school	38569
records are to be marked in accordance with section 3313.672 of	38570
the Revised Code.	38571

(E) Upon the filing of a missing child report, the law	38572
enforcement agency involved promptly shall make a reasonable	38573
attempt to notify other law enforcement agencies within its county	38574
and, if the agency has jurisdiction in a municipal corporation or	38575
township that borders another county, to notify the law	38576
enforcement agency for the municipal corporation or township in	38577
the other county with which it shares the border, that it has	38578
taken a missing child report and may be requesting assistance or	38579
cooperation in the case, and provide relevant information to the	38580
other law enforcement agencies. The agency may notify additional	38581
law enforcement agencies, or appropriate public children services	38582
agencies, about the case, request their assistance or cooperation	38583
in the case, and provide them with relevant information.	38584

Upon request from a law enforcement agency, a public children	38585
services agency shall grant the law enforcement agency access to	38586
all information concerning a missing child that the agency	38587
possesses that may be relevant to the law enforcement agency in	38588
investigating a missing child report concerning that child. The	38589
information obtained by the law enforcement agency shall be used	38590
only to further the investigation to locate the missing child.	38591

(F) Upon request, law enforcement agencies in this state	38592
shall provide assistance to, and cooperate with, other law	38593
enforcement agencies in their investigation of missing child	38594
cases. The assistance and cooperation under this paragraph shall	38595
be pursuant to any terms agreed upon by the law enforcement	38596
agencies, which may include the provision of law enforcement	38597
services or the use of law enforcement equipment or the	38598
interchange of services and equipment among the cooperating law	38599
enforcement agencies. Chapter 2744. of the Revised Code, insofar	38600
as it applies to the operation of law enforcement agencies, shall	38601
apply to the cooperating political subdivisions and to the law	38602
enforcement agency employees when they are rendering services	38603
pursuant to this paragraph outside the territory of the political	38604
subdivision by which they are employed. Law enforcement agency	38605
employees rendering services outside the territory of the	38606
political subdivision in which they are employed, pursuant to this	38607
paragraph, shall be entitled to participate in any indemnity fund	38608
established by their employer to the same extent as if they were	38609
rendering service within the territory of their employing	38610
political subdivision. Those law enforcement agency employees also	38611
shall be entitled to all the rights and benefits of Chapter 4123.	38612
of the Revised Code to the same extent as if rendering services	38613
within the territory of their employing political subdivision.	38614

The information in any missing child report made to a law	38615
enforcement agency shall be made available, upon request, to law	38616
enforcement personnel of this state, other states, and the federal	38617
government when the law enforcement personnel indicate that the	38618
request is to aid in identifying or locating a missing child or	38619
the possible identification of a deceased minor who, upon	38620
discovery, cannot be identified.	38621

(G) When a missing child has not been located within thirty	38622
days after the date on which the missing child report pertaining	38623
to the child was filed with a law enforcement agency, that law	38624
enforcement agency shall request the missing child's parents,	38625
parent who is the residential parent and legal custodian,	38626
guardian, or legal custodian, or any other person responsible for	38627
the care of the missing child, to provide written consent for the	38628
law enforcement agency to contact the missing child's dentist and	38629
request the missing child's dental records. Upon receipt of such	38630
written consent, the dentist shall release a copy of the missing	38631
child's dental records to the law enforcement agency and shall	38632
provide and encode the records in such form as requested by the	38633
law enforcement agency. The law enforcement agency then shall	38634
integrate information in the records into the national crime	38635
information center computer in order to compare the records to	38636
those of unidentified deceased persons. This division does not	38637
prevent a law enforcement agency from seeking consent to obtain	38638
copies of a missing child's dental records, or prevent a missing	38639
child's parents, parent who is the residential parent and legal	38640
custodian, guardian, or legal custodian, or any other person	38641
responsible for the care of the missing child, from granting	38642
consent for the release of copies of the missing child's dental	38643
records to a law enforcement agency, at any time.	38644

(H) A missing child's parents, parent who is the residential	38645
parent and legal custodian, guardian, or legal custodian, or any	38646
other persons responsible for the care of a missing child,	38647
immediately shall notify the law enforcement agency with which	38648
they filed the missing child report whenever the child has	38649
returned to their home or to their care, custody, and control, has	38650
been released if the missing child was the victim of an offense	38651
listed in division (A)(3)(b) of this section, or otherwise has	38652
been located. Upon such notification or upon otherwise learning	38653
that a missing child has returned to the home of, or to the care,	38654
custody, and control of the missing child's parents, parent who is	38655
the residential parent and legal custodian, guardian, legal	38656
custodian, or other person responsible for the missing child's	38657
care, has been released if the missing child was the victim of an	38658
offense listed in division (A)(3)(b) of this section, or otherwise	38659
has been located, the law enforcement agency involved promptly	38660
shall integrate the fact that the minor no longer is a missing	38661
child into the national crime information center computer and	38662
shall inform any school that was notified under division (D) of	38663
this section that the minor is no longer a missing child.	38664

~~(I) Nothing contained in this section shall be construed to~~	38665
~~impair the confidentiality of services provided to runaway minors~~	38666
~~by shelters for runaway minors pursuant to sections 5119.64 to~~	38667
~~5119.68 of the Revised Code.~~	38668

Sec. 2903.13. (A) No person shall knowingly cause or attempt	38669
to cause physical harm to another or to another's unborn.	38670

(B) No person shall recklessly cause serious physical harm to	38671
another or to another's unborn.	38672

(C)(1) Whoever violates this section is guilty of assault,	38673
and the court shall sentence the offender as provided in this	38674
division and divisions (C)(1), (2), (3), (4), (5), (6), (7), (8),	38675
~~and~~ (9), and (10) of this section. Except as otherwise provided in	38676
division (C)(2), (3), (4), (5), (6), (7), or (8), or (9) of this	38677
section, assault is a misdemeanor of the first degree.	38678

(2) Except as otherwise provided in this division, if the	38679
offense is committed by a caretaker against a functionally	38680
impaired person under the caretaker's care, assault is a felony of	38681
the fourth degree. If the offense is committed by a caretaker	38682
against a functionally impaired person under the caretaker's care,	38683
if the offender previously has been convicted of or pleaded guilty	38684
to a violation of this section or section 2903.11 or 2903.16 of	38685
the Revised Code, and if in relation to the previous conviction	38686
the offender was a caretaker and the victim was a functionally	38687
impaired person under the offender's care, assault is a felony of	38688
the third degree.	38689

(3) If the offense occurs in or on the grounds of a state	38690
correctional institution or an institution of the department of	38691
youth services, the victim of the offense is an employee of the	38692
department of rehabilitation and correction or the department of	38693
youth services, and the offense is committed by a person	38694
incarcerated in the state correctional institution or by a person	38695
institutionalized in the department of youth services institution	38696
pursuant to a commitment to the department of youth services,	38697
assault is a felony of the third degree.	38698

(4) If the offense is committed in any of the following	38699
circumstances, assault is a felony of the fifth degree:	38700

(a) ~~The offense occurs in or on the grounds of a state~~	38701
~~correctional institution or an institution of the department of~~	38702
~~youth services, the victim of the offense is an employee of the~~	38703
~~department of rehabilitation and correction, the department of~~	38704
~~youth services, or a probation department or is on the premises of~~	38705
~~the particular institution for business purposes or as a visitor,~~	38706
~~and the offense is committed by a person incarcerated in the state~~	38707
~~correctional institution, by a person institutionalized in the~~	38708
~~department of youth services institution pursuant to a commitment~~	38709
~~to the department of youth services, by a parolee, by an offender~~	38710
~~under transitional control, under a community control sanction, or~~	38711
~~on an escorted visit, by a person under post-release control, or~~	38712
~~by an offender under any other type of supervision by a government~~	38713
~~agency.~~	38714

~~(b)~~ The offense occurs in or on the grounds of a local	38715
correctional facility, the victim of the offense is an employee of	38716
the local correctional facility or a probation department or is on	38717
the premises of the facility for business purposes or as a	38718
visitor, and the offense is committed by a person who is under	38719
custody in the facility subsequent to the person's arrest for any	38720
crime or delinquent act, subsequent to the person's being charged	38721
with or convicted of any crime, or subsequent to the person's	38722
being alleged to be or adjudicated a delinquent child.	38723

~~(c)~~(b) The offense occurs off the grounds of a state	38724
correctional institution and off the grounds of an institution of	38725
the department of youth services, the victim of the offense is an	38726
employee of the department of rehabilitation and correction, the	38727
department of youth services, or a probation department, the	38728
offense occurs during the employee's official work hours and while	38729
the employee is engaged in official work responsibilities, and the	38730
offense is committed by a person incarcerated in a state	38731
correctional institution or institutionalized in the department of	38732
youth services who temporarily is outside of the institution for	38733
any purpose, by a parolee, by an offender under transitional	38734
control, under a community control sanction, or on an escorted	38735
visit, by a person under post-release control, or by an offender	38736
under any other type of supervision by a government agency.	38737

~~(d)~~(c) The offense occurs off the grounds of a local	38738
correctional facility, the victim of the offense is an employee of	38739
the local correctional facility or a probation department, the	38740
offense occurs during the employee's official work hours and while	38741
the employee is engaged in official work responsibilities, and the	38742
offense is committed by a person who is under custody in the	38743
facility subsequent to the person's arrest for any crime or	38744
delinquent act, subsequent to the person being charged with or	38745
convicted of any crime, or subsequent to the person being alleged	38746
to be or adjudicated a delinquent child and who temporarily is	38747
outside of the facility for any purpose or by a parolee, by an	38748
offender under transitional control, under a community control	38749
sanction, or on an escorted visit, by a person under post-release	38750
control, or by an offender under any other type of supervision by	38751
a government agency.	38752

~~(e)~~(d) The victim of the offense is a school teacher or	38753
administrator or a school bus operator, and the offense occurs in	38754
a school, on school premises, in a school building, on a school	38755
bus, or while the victim is outside of school premises or a school	38756
bus and is engaged in duties or official responsibilities	38757
associated with the victim's employment or position as a school	38758
teacher or administrator or a school bus operator, including, but	38759
not limited to, driving, accompanying, or chaperoning students at	38760
or on class or field trips, athletic events, or other school	38761
extracurricular activities or functions outside of school	38762
premises.	38763

~~(4)~~(5) If the victim of the offense is a peace officer or an	38764
investigator of the bureau of criminal identification and	38765
investigation, a firefighter, or a person performing emergency	38766
medical service, while in the performance of their official	38767
duties, assault is a felony of the fourth degree.	38768

~~(5)~~(6) If the victim of the offense is a peace officer or an	38769
investigator of the bureau of criminal identification and	38770
investigation and if the victim suffered serious physical harm as	38771
a result of the commission of the offense, assault is a felony of	38772
the fourth degree, and the court, pursuant to division (F) of	38773
section 2929.13 of the Revised Code, shall impose as a mandatory	38774
prison term one of the prison terms prescribed for a felony of the	38775
fourth degree that is at least twelve months in duration.	38776

~~(6)~~(7) If the victim of the offense is an officer or employee	38777
of a public children services agency or a private child placing	38778
agency and the offense relates to the officer's or employee's	38779
performance or anticipated performance of official	38780
responsibilities or duties, assault is either a felony of the	38781
fifth degree or, if the offender previously has been convicted of	38782
or pleaded guilty to an offense of violence, the victim of that	38783
prior offense was an officer or employee of a public children	38784
services agency or private child placing agency, and that prior	38785
offense related to the officer's or employee's performance or	38786
anticipated performance of official responsibilities or duties, a	38787
felony of the fourth degree.	38788

~~(7)~~(8) If the victim of the offense is a health care	38789
professional of a hospital, a health care worker of a hospital, or	38790
a security officer of a hospital whom the offender knows or has	38791
reasonable cause to know is a health care professional of a	38792
hospital, a health care worker of a hospital, or a security	38793
officer of a hospital, if the victim is engaged in the performance	38794
of the victim's duties, and if the hospital offers de-escalation	38795
or crisis intervention training for such professionals, workers,	38796
or officers, assault is one of the following:	38797

(a) Except as otherwise provided in division (C)~~(7)~~(8)(b) of	38798
this section, assault committed in the specified circumstances is	38799
a misdemeanor of the first degree. Notwithstanding the fine	38800
specified in division (A)(2)(b) of section 2929.28 of the Revised	38801
Code for a misdemeanor of the first degree, in sentencing the	38802
offender under this division and if the court decides to impose a	38803
fine, the court may impose upon the offender a fine of not more	38804
than five thousand dollars.	38805

(b) If the offender previously has been convicted of or	38806
pleaded guilty to one or more assault or homicide offenses	38807
committed against hospital personnel, assault committed in the	38808
specified circumstances is a felony of the fifth degree.	38809

~~(8)~~(9) If the victim of the offense is a judge, magistrate,	38810
prosecutor, or court official or employee whom the offender knows	38811
or has reasonable cause to know is a judge, magistrate,	38812
prosecutor, or court official or employee, and if the victim is	38813
engaged in the performance of the victim's duties, assault is one	38814
of the following:	38815

(a) Except as otherwise provided in division (C)~~(7)~~(8)(b) of	38816
this section, assault committed in the specified circumstances is	38817
a misdemeanor of the first degree. In sentencing the offender	38818
under this division, if the court decides to impose a fine,	38819
notwithstanding the fine specified in division (A)(2)(b) of	38820
section 2929.28 of the Revised Code for a misdemeanor of the first	38821
degree, the court may impose upon the offender a fine of not more	38822
than five thousand dollars.	38823

(b) If the offender previously has been convicted of or	38824
pleaded guilty to one or more assault or homicide offenses	38825
committed against justice system personnel, assault committed in	38826
the specified circumstances is a felony of the fifth degree.	38827

~~(9)~~(10) If an offender who is convicted of or pleads guilty	38828
to assault when it is a misdemeanor also is convicted of or pleads	38829
guilty to a specification as described in section 2941.1423 of the	38830
Revised Code that was included in the indictment, count in the	38831
indictment, or information charging the offense, the court shall	38832
sentence the offender to a mandatory jail term as provided in	38833
division (G) of section 2929.24 of the Revised Code.	38834

If an offender who is convicted of or pleads guilty to	38835
assault when it is a felony also is convicted of or pleads guilty	38836
to a specification as described in section 2941.1423 of the	38837
Revised Code that was included in the indictment, count in the	38838
indictment, or information charging the offense, except as	38839
otherwise provided in division (C)~~(5)~~(6) of this section, the	38840
court shall sentence the offender to a mandatory prison term as	38841
provided in division (B)(8) of section 2929.14 of the Revised	38842
Code.	38843

(D) As used in this section:

38844

(1) "Peace officer" has the same meaning as in section	38845
2935.01 of the Revised Code.	38846

(2) "Firefighter" has the same meaning as in section 3937.41	38847
of the Revised Code.	38848

(3) "Emergency medical service" has the same meaning as in	38849
section 4765.01 of the Revised Code.	38850

(4) "Local correctional facility" means a county,	38851
multicounty, municipal, municipal-county, or multicounty-municipal	38852
jail or workhouse, a minimum security jail established under	38853
section 341.23 or 753.21 of the Revised Code, or another county,	38854
multicounty, municipal, municipal-county, or multicounty-municipal	38855
facility used for the custody of persons arrested for any crime or	38856
delinquent act, persons charged with or convicted of any crime, or	38857
persons alleged to be or adjudicated a delinquent child.	38858

(5) "Employee of a local correctional facility" means a	38859
person who is an employee of the political subdivision or of one	38860
or more of the affiliated political subdivisions that operates the	38861
local correctional facility and who operates or assists in the	38862
operation of the facility.	38863

(6) "School teacher or administrator" means either of the	38864
following:	38865

(a) A person who is employed in the public schools of the	38866
state under a contract described in section 3311.77 or 3319.08 of	38867
the Revised Code in a position in which the person is required to	38868
have a certificate issued pursuant to sections 3319.22 to 3319.311	38869
of the Revised Code.	38870

(b) A person who is employed by a nonpublic school for which	38871
the state board of education prescribes minimum standards under	38872
section 3301.07 of the Revised Code and who is certificated in	38873
accordance with section 3301.071 of the Revised Code.	38874

(7) "Community control sanction" has the same meaning as in	38875
section 2929.01 of the Revised Code.	38876

(8) "Escorted visit" means an escorted visit granted under	38877
section 2967.27 of the Revised Code.	38878

(9) "Post-release control" and "transitional control" have	38879
the same meanings as in section 2967.01 of the Revised Code.	38880

(10) "Investigator of the bureau of criminal identification	38881
and investigation" has the same meaning as in section 2903.11 of	38882
the Revised Code.	38883

(11) "Health care professional" and "health care worker" have	38884
the same meanings as in section 2305.234 of the Revised Code.	38885

(12) "Assault or homicide offense committed against hospital	38886
personnel" means a violation of this section or of section	38887
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	38888
2903.14 of the Revised Code committed in circumstances in which	38889
all of the following apply:	38890

(a) The victim of the offense was a health care professional	38891
of a hospital, a health care worker of a hospital, or a security	38892
officer of a hospital.	38893

(b) The offender knew or had reasonable cause to know that	38894
the victim was a health care professional of a hospital, a health	38895
care worker of a hospital, or a security officer of a hospital.	38896

(c) The victim was engaged in the performance of the victim's	38897
duties.	38898

(d) The hospital offered de-escalation or crisis intervention	38899
training for such professionals, workers, or officers.	38900

(13) "De-escalation or crisis intervention training" means	38901
de-escalation or crisis intervention training for health care	38902
professionals of a hospital, health care workers of a hospital,	38903
and security officers of a hospital to facilitate interaction with	38904
patients, members of a patient's family, and visitors, including	38905
those with mental impairments.	38906

(14) "Assault or homicide offense committed against justice	38907
system personnel" means a violation of this section or of section	38908
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	38909
2903.14 of the Revised Code committed in circumstances in which	38910
the victim of the offense was a judge, magistrate, prosecutor, or	38911
court official or employee whom the offender knew or had	38912
reasonable cause to know was a judge, magistrate, prosecutor, or	38913
court official or employee, and the victim was engaged in the	38914
performance of the victim's duties.	38915

(15) "Court official or employee" means any official or	38916
employee of a court created under the constitution or statutes of	38917
this state or of a United States court located in this state.	38918

(16) "Judge" means a judge of a court created under the	38919
constitution or statutes of this state or of a United States court	38920
located in this state.	38921

(17) "Magistrate" means an individual who is appointed by a	38922
court of record of this state and who has the powers and may	38923
perform the functions specified in Civil Rule 53, Criminal Rule	38924
19, or Juvenile Rule 40, or an individual who is appointed by a	38925
United States court located in this state who has similar powers	38926
and functions.	38927

(18) "Prosecutor" has the same meaning as in section 2935.01	38928
of the Revised Code.	38929

(19)(a) "Hospital" means, subject to division (D)(19)(b) of	38930
this section, an institution classified as a hospital under	38931
section 3701.01 of the Revised Code in which are provided to	38932
patients diagnostic, medical, surgical, obstetrical, psychiatric,	38933
or rehabilitation care or a hospital operated by a health	38934
maintenance organization.	38935

(b) "Hospital" does not include any of the following:

38936

(i) A facility licensed under Chapter 3721. of the Revised	38937
Code, a health care facility operated by the department of mental	38938
health or the department of developmental disabilities, a health	38939
maintenance organization that does not operate a hospital, or the	38940
office of any private, licensed health care professional, whether	38941
organized for individual or group practice;	38942

(ii) An institution for the sick that is operated exclusively	38943
for patients who use spiritual means for healing and for whom the	38944
acceptance of medical care is inconsistent with their religious	38945
beliefs, accredited by a national accrediting organization, exempt	38946
from federal income taxation under section 501 of the "Internal	38947
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	38948
and providing twenty-four-hour nursing care pursuant to the	38949
exemption in division (E) of section 4723.32 of the Revised Code	38950
from the licensing requirements of Chapter 4723. of the Revised	38951
Code.	38952

(20) "Health maintenance organization" has the same meaning	38953
as in section 3727.01 of the Revised Code.	38954

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	38955
Revised Code:	38956

(A) "Care facility" means any of the following:

38957

(1) Any "home" as defined in section 3721.10 ~~or 5111.20~~ of	38958
the Revised Code;	38959

(2) Any "residential facility" as defined in section 5123.19	38960
of the Revised Code;	38961

(3) Any institution or facility operated or provided by the	38962
department of ~~mental health~~mental health and addiction services	38963
or by the department of developmental disabilities pursuant to	38964
sections ~~5119.02~~5119.14 and 5123.03 of the Revised Code;	38965

(4) Any "residential facility" as defined in section ~~5119.22~~	38966
5119.34 of the Revised Code;	38967

(5) Any unit of any hospital, as defined in section 3701.01	38968
of the Revised Code, that provides the same services as a nursing	38969
home, as defined in section 3721.01 of the Revised Code;	38970

(6) Any institution, residence, or facility that provides,	38971
for a period of more than twenty-four hours, whether for a	38972
consideration or not, accommodations to one individual or two	38973
unrelated individuals who are dependent upon the services of	38974
others.	38975

(B) "Abuse" means knowingly causing physical harm or	38976
recklessly causing serious physical harm to a person by physical	38977
contact with the person or by the inappropriate use of a physical	38978
or chemical restraint, medication, or isolation on the person.	38979

(C)(1) "Gross neglect" means knowingly failing to provide a	38980
person with any treatment, care, goods, or service that is	38981
necessary to maintain the health or safety of the person when the	38982
failure results in physical harm or serious physical harm to the	38983
person.	38984

(2) "Neglect" means recklessly failing to provide a person	38985
with any treatment, care, goods, or service that is necessary to	38986
maintain the health or safety of the person when the failure	38987
results in serious physical harm to the person.	38988

(D) "Inappropriate use of a physical or chemical restraint,	38989
medication, or isolation" means the use of physical or chemical	38990
restraint, medication, or isolation as punishment, for staff	38991
convenience, excessively, as a substitute for treatment, or in	38992
quantities that preclude habilitation and treatment.	38993

Sec. 2907.22. (A) No person shall knowingly:

38994

(1) Establish, maintain, operate, manage, supervise, control,	38995
or have an interest in a brothel or any other enterprise a purpose	38996
of which is to facilitate engagement in sexual activity for hire;	38997

(2) Supervise, manage, or control the activities of a	38998
prostitute in engaging in sexual activity for hire;	38999

(3) Transport another, or cause another to be transported	39000
~~across the boundary of this state or of any county in this state~~,	39001
in order to facilitate the other person's engaging in sexual	39002
activity for hire;	39003

(4) For the purpose of violating or facilitating a violation	39004
of this section, induce or procure another to engage in sexual	39005
activity for hire.	39006

(B) Whoever violates this section is guilty of promoting	39007
prostitution. Except as otherwise provided in this division,	39008
promoting prostitution is a felony of the fourth degree. If any	39009
prostitute in the brothel involved in the offense, or the	39010
prostitute whose activities are supervised, managed, or controlled	39011
by the offender, or the person transported, induced, or procured	39012
by the offender to engage in sexual activity for hire, is a minor,	39013
whether or not the offender knows the age of the minor, then	39014
promoting prostitution is a felony of the third degree. If the	39015
offender in any case also is convicted of or pleads guilty to a	39016
specification as described in section 2941.1422 of the Revised	39017
Code that was included in the indictment, count in the indictment,	39018
or information charging the offense, the court shall sentence the	39019
offender to a mandatory prison term as provided in division (B)(7)	39020
of section 2929.14 of the Revised Code and shall order the	39021
offender to make restitution as provided in division (B)(8) of	39022
section 2929.18 of the Revised Code.	39023

Sec. 2913.01. As used in this chapter, unless the context	39024
requires that a term be given a different meaning:	39025

(A) "Deception" means knowingly deceiving another or causing	39026
another to be deceived by any false or misleading representation,	39027
by withholding information, by preventing another from acquiring	39028
information, or by any other conduct, act, or omission that	39029
creates, confirms, or perpetuates a false impression in another,	39030
including a false impression as to law, value, state of mind, or	39031
other objective or subjective fact.	39032

(B) "Defraud" means to knowingly obtain, by deception, some	39033
benefit for oneself or another, or to knowingly cause, by	39034
deception, some detriment to another.	39035

39036

(1) Withhold property of another permanently, or for a period	39037
that appropriates a substantial portion of its value or use, or	39038
with purpose to restore it only upon payment of a reward or other	39039
consideration;	39040

(2) Dispose of property so as to make it unlikely that the	39041
owner will recover it;	39042

(3) Accept, use, or appropriate money, property, or services,	39043
with purpose not to give proper consideration in return for the	39044
money, property, or services, and without reasonable justification	39045
or excuse for not giving proper consideration.	39046

(D) "Owner" means, unless the context requires a different	39047
meaning, any person, other than the actor, who is the owner of,	39048
who has possession or control of, or who has any license or	39049
interest in property or services, even though the ownership,	39050
possession, control, license, or interest is unlawful.	39051

(E) "Services" include labor, personal services, professional	39052
services, rental services, public utility services including	39053
wireless service as defined in division (F)(1) of section ~~5507.01~~	39054
128.01 of the Revised Code, common carrier services, and food,	39055
drink, transportation, entertainment, and cable television	39056
services and, for purposes of section 2913.04 of the Revised Code,	39057
include cable services as defined in that section.	39058

(F) "Writing" means any computer software, document, letter,	39059
memorandum, note, paper, plate, data, film, or other thing having	39060
in or upon it any written, typewritten, or printed matter, and any	39061
token, stamp, seal, credit card, badge, trademark, label, or other	39062
symbol of value, right, privilege, license, or identification.	39063

(G) "Forge" means to fabricate or create, in whole or in part	39064
and by any means, any spurious writing, or to make, execute,	39065
alter, complete, reproduce, or otherwise purport to authenticate	39066
any writing, when the writing in fact is not authenticated by that	39067
conduct.	39068

(H) "Utter" means to issue, publish, transfer, use, put or	39069
send into circulation, deliver, or display.	39070

(I) "Coin machine" means any mechanical or electronic device	39071
designed to do both of the following:	39072

(1) Receive a coin, bill, or token made for that purpose;

39073

(2) In return for the insertion or deposit of a coin, bill,	39074
or token, automatically dispense property, provide a service, or	39075
grant a license.	39076

(J) "Slug" means an object that, by virtue of its size,	39077
shape, composition, or other quality, is capable of being inserted	39078
or deposited in a coin machine as an improper substitute for a	39079
genuine coin, bill, or token made for that purpose.	39080

(K) "Theft offense" means any of the following:

39081

(1) A violation of section 2911.01, 2911.02, 2911.11,	39082
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	39083
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	39084
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	39085
2913.47, 2913.48, former section 2913.47 or 2913.48, or section	39086
2913.51, 2915.05, or 2921.41 of the Revised Code;	39087

(2) A violation of an existing or former municipal ordinance	39088
or law of this or any other state, or of the United States,	39089
substantially equivalent to any section listed in division (K)(1)	39090
of this section or a violation of section 2913.41, 2913.81, or	39091
2915.06 of the Revised Code as it existed prior to July 1, 1996;	39092

(3) An offense under an existing or former municipal	39093
ordinance or law of this or any other state, or of the United	39094
States, involving robbery, burglary, breaking and entering, theft,	39095
embezzlement, wrongful conversion, forgery, counterfeiting,	39096
deceit, or fraud;	39097

(4) A conspiracy or attempt to commit, or complicity in	39098
committing, any offense under division (K)(1), (2), or (3) of this	39099
section.	39100

(L) "Computer services" includes, but is not limited to, the	39101
use of a computer system, computer network, computer program, data	39102
that is prepared for computer use, or data that is contained	39103
within a computer system or computer network.	39104

(M) "Computer" means an electronic device that performs	39105
logical, arithmetic, and memory functions by the manipulation of	39106
electronic or magnetic impulses. "Computer" includes, but is not	39107
limited to, all input, output, processing, storage, computer	39108
program, or communication facilities that are connected, or	39109
related, in a computer system or network to an electronic device	39110
of that nature.	39111

(N) "Computer system" means a computer and related devices,	39112
whether connected or unconnected, including, but not limited to,	39113
data input, output, and storage devices, data communications	39114
links, and computer programs and data that make the system capable	39115
of performing specified special purpose data processing tasks.	39116

(O) "Computer network" means a set of related and remotely	39117
connected computers and communication facilities that includes	39118
more than one computer system that has the capability to transmit	39119
among the connected computers and communication facilities through	39120
the use of computer facilities.	39121

(P) "Computer program" means an ordered set of data	39122
representing coded instructions or statements that, when executed	39123
by a computer, cause the computer to process data.	39124

(Q) "Computer software" means computer programs, procedures,	39125
and other documentation associated with the operation of a	39126
computer system.	39127

(R) "Data" means a representation of information, knowledge,	39128
facts, concepts, or instructions that are being or have been	39129
prepared in a formalized manner and that are intended for use in a	39130
computer, computer system, or computer network. For purposes of	39131
section 2913.47 of the Revised Code, "data" has the additional	39132
meaning set forth in division (A) of that section.	39133

(S) "Cable television service" means any services provided by	39134
or through the facilities of any cable television system or other	39135
similar closed circuit coaxial cable communications system, or any	39136
microwave or similar transmission service used in connection with	39137
any cable television system or other similar closed circuit	39138
coaxial cable communications system.	39139

(T) "Gain access" means to approach, instruct, communicate	39140
with, store data in, retrieve data from, or otherwise make use of	39141
any resources of a computer, computer system, or computer network,	39142
or any cable service or cable system both as defined in section	39143
2913.04 of the Revised Code.	39144

(U) "Credit card" includes, but is not limited to, a card,	39145
code, device, or other means of access to a customer's account for	39146
the purpose of obtaining money, property, labor, or services on	39147
credit, or for initiating an electronic fund transfer at a	39148
point-of-sale terminal, an automated teller machine, or a cash	39149
dispensing machine. It also includes a county procurement card	39150
issued under section 301.29 of the Revised Code.	39151

(V) "Electronic fund transfer" has the same meaning as in 92	39152
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	39153

(W) "Rented property" means personal property in which the	39154
right of possession and use of the property is for a short and	39155
possibly indeterminate term in return for consideration; the	39156
rentee generally controls the duration of possession of the	39157
property, within any applicable minimum or maximum term; and the	39158
amount of consideration generally is determined by the duration of	39159
possession of the property.	39160

(X) "Telecommunication" means the origination, emission,	39161
dissemination, transmission, or reception of data, images,	39162
signals, sounds, or other intelligence or equivalence of	39163
intelligence of any nature over any communications system by any	39164
method, including, but not limited to, a fiber optic, electronic,	39165
magnetic, optical, digital, or analog method.	39166

(Y) "Telecommunications device" means any instrument,	39167
equipment, machine, or other device that facilitates	39168
telecommunication, including, but not limited to, a computer,	39169
computer network, computer chip, computer circuit, scanner,	39170
telephone, cellular telephone, pager, personal communications	39171
device, transponder, receiver, radio, modem, or device that	39172
enables the use of a modem.	39173

(Z) "Telecommunications service" means the providing,	39174
allowing, facilitating, or generating of any form of	39175
telecommunication through the use of a telecommunications device	39176
over a telecommunications system.	39177

(AA) "Counterfeit telecommunications device" means a	39178
telecommunications device that, alone or with another	39179
telecommunications device, has been altered, constructed,	39180
manufactured, or programmed to acquire, intercept, receive, or	39181
otherwise facilitate the use of a telecommunications service or	39182
information service without the authority or consent of the	39183
provider of the telecommunications service or information service.	39184
"Counterfeit telecommunications device" includes, but is not	39185
limited to, a clone telephone, clone microchip, tumbler telephone,	39186
or tumbler microchip; a wireless scanning device capable of	39187
acquiring, intercepting, receiving, or otherwise facilitating the	39188
use of telecommunications service or information service without	39189
immediate detection; or a device, equipment, hardware, or software	39190
designed for, or capable of, altering or changing the electronic	39191
serial number in a wireless telephone.	39192

(BB)(1) "Information service" means, subject to division	39193
(BB)(2) of this section, the offering of a capability for	39194
generating, acquiring, storing, transforming, processing,	39195
retrieving, utilizing, or making available information via	39196
telecommunications, including, but not limited to, electronic	39197
publishing.	39198

(2) "Information service" does not include any use of a	39199
capability of a type described in division (BB)(1) of this section	39200
for the management, control, or operation of a telecommunications	39201
system or the management of a telecommunications service.	39202

(CC) "Elderly person" means a person who is sixty-five years	39203
of age or older.	39204

(DD) "Disabled adult" means a person who is eighteen years of	39205
age or older and has some impairment of body or mind that makes	39206
the person unable to work at any substantially remunerative	39207
employment that the person otherwise would be able to perform and	39208
that will, with reasonable probability, continue for a period of	39209
at least twelve months without any present indication of recovery	39210
from the impairment, or who is eighteen years of age or older and	39211
has been certified as permanently and totally disabled by an	39212
agency of this state or the United States that has the function of	39213
so classifying persons.	39214

(EE) "Firearm" and "dangerous ordnance" have the same	39215
meanings as in section 2923.11 of the Revised Code.	39216

(FF) "Motor vehicle" has the same meaning as in section	39217
4501.01 of the Revised Code.	39218

(GG) "Dangerous drug" has the same meaning as in section	39219
4729.01 of the Revised Code.	39220

(HH) "Drug abuse offense" has the same meaning as in section	39221
2925.01 of the Revised Code.	39222

(II)(1) "Computer hacking" means any of the following:

39223

(a) Gaining access or attempting to gain access to all or	39224
part of a computer, computer system, or a computer network without	39225
express or implied authorization with the intent to defraud or	39226
with intent to commit a crime;	39227

(b) Misusing computer or network services including, but not	39228
limited to, mail transfer programs, file transfer programs, proxy	39229
servers, and web servers by performing functions not authorized by	39230
the owner of the computer, computer system, or computer network or	39231
other person authorized to give consent. As used in this division,	39232
"misuse of computer and network services" includes, but is not	39233
limited to, the unauthorized use of any of the following:	39234

(i) Mail transfer programs to send mail to persons other than	39235
the authorized users of that computer or computer network;	39236

(ii) File transfer program proxy services or proxy servers to	39237
access other computers, computer systems, or computer networks;	39238

(iii) Web servers to redirect users to other web pages or web	39239
servers.	39240

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	39241
using a group of computer programs commonly known as "port	39242
scanners" or "probes" to intentionally access any computer,	39243
computer system, or computer network without the permission of the	39244
owner of the computer, computer system, or computer network or	39245
other person authorized to give consent. The group of computer	39246
programs referred to in this division includes, but is not limited	39247
to, those computer programs that use a computer network to access	39248
a computer, computer system, or another computer network to	39249
determine any of the following: the presence or types of computers	39250
or computer systems on a network; the computer network's	39251
facilities and capabilities; the availability of computer or	39252
network services; the presence or versions of computer software	39253
including, but not limited to, operating systems, computer	39254
services, or computer contaminants; the presence of a known	39255
computer software deficiency that can be used to gain unauthorized	39256
access to a computer, computer system, or computer network; or any	39257
other information about a computer, computer system, or computer	39258
network not necessary for the normal and lawful operation of the	39259
computer initiating the access.	39260

(ii) The group of computer programs referred to in division	39261
(II)(1)(c)(i) of this section does not include standard computer	39262
software used for the normal operation, administration,	39263
management, and test of a computer, computer system, or computer	39264
network including, but not limited to, domain name services, mail	39265
transfer services, and other operating system services, computer	39266
programs commonly called "ping," "tcpdump," and "traceroute" and	39267
other network monitoring and management computer software, and	39268
computer programs commonly known as "nslookup" and "whois" and	39269
other systems administration computer software.	39270

(d) The intentional use of a computer, computer system, or a	39271
computer network in a manner that exceeds any right or permission	39272
granted by the owner of the computer, computer system, or computer	39273
network or other person authorized to give consent.	39274

(2) "Computer hacking" does not include the introduction of a	39275
computer contaminant, as defined in section 2909.01 of the Revised	39276
Code, into a computer, computer system, computer program, or	39277
computer network.	39278

(JJ) "Police dog or horse" has the same meaning as in section	39279
2921.321 of the Revised Code.	39280

(KK) "Anhydrous ammonia" is a compound formed by the	39281
combination of two gaseous elements, nitrogen and hydrogen, in the	39282
manner described in this division. Anhydrous ammonia is one part	39283
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	39284
weight is fourteen parts nitrogen to three parts hydrogen, which	39285
is approximately eighty-two per cent nitrogen to eighteen per cent	39286
hydrogen.	39287

(LL) "Assistance dog" has the same meaning as in section	39288
955.011 of the Revised Code.	39289

(MM) "Federally licensed firearms dealer" has the same	39290
meaning as in section 5502.63 of the Revised Code.	39291

Sec. 2913.40. (A) As used in this section:

39292

(1) "Statement or representation" means any oral, written,	39293
electronic, electronic impulse, or magnetic communication that is	39294
used to identify an item of goods or a service for which	39295
reimbursement may be made under the ~~medical assistance~~medicaid	39296
program or that states income and expense and is or may be used to	39297
determine a rate of reimbursement under the ~~medical assistance~~	39298
medicaid program.	39299

(2) ~~"Medical assistance program" means the program~~	39300
~~established by the department of job and family services to~~	39301
~~provide medical assistance under section 5111.01 of the Revised~~	39302
~~Code and the medicaid program of Title XIX of the "Social Security~~	39303
~~Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.~~	39304

~~(3)~~ "Provider" means any person who has signed a provider	39305
agreement with the department of ~~job and family services~~medicaid	39306
to provide goods or services pursuant to the ~~medical assistance~~	39307
medicaid program or any person who has signed an agreement with a	39308
party to such a provider agreement under which the person agrees	39309
to provide goods or services that are reimbursable under the	39310
~~medical assistance~~medicaid program.	39311

~~(4)~~(3) "Provider agreement" ~~means an oral or written~~	39312
~~agreement between the department of job and family services and a~~	39313
~~person in which the person agrees to provide goods or services~~	39314
~~under the medical assistance program~~has the same meaning as in	39315
section 5164.01 of the Revised Code.	39316

~~(5)~~(4) "Recipient" means any individual who receives goods or	39317
services from a provider under the ~~medical assistance~~medicaid	39318
program.	39319

~~(6)~~(5) "Records" means any medical, professional, financial,	39320
or business records relating to the treatment or care of any	39321
recipient, to goods or services provided to any recipient, or to	39322
rates paid for goods or services provided to any recipient and any	39323
records that are required by the rules of the medicaid director of	39324
~~job and family services~~ to be kept for the ~~medical assistance~~	39325
medicaid program.	39326

(B) No person shall knowingly make or cause to be made a	39327
false or misleading statement or representation for use in	39328
obtaining reimbursement from the ~~medical assistance~~medicaid	39329
program.	39330

(C) No person, with purpose to commit fraud or knowing that	39331
the person is facilitating a fraud, shall do either of the	39332
following:	39333

(1) Contrary to the terms of the person's provider agreement,	39334
charge, solicit, accept, or receive for goods or services that the	39335
person provides under the ~~medical assistance~~medicaid program any	39336
property, money, or other consideration in addition to the amount	39337
of reimbursement under the ~~medical assistance~~medicaid program and	39338
the person's provider agreement for the goods or services and any	39339
cost-sharing expenses authorized by section ~~5111.0112~~5162.20 of	39340
the Revised Code or rules adopted ~~pursuant to section 5111.01,~~	39341
~~5111.011, or 5111.02 of the Revised Code~~by the medicaid director	39342
regarding the medicaid program.	39343

(2) Solicit, offer, or receive any remuneration, other than	39344
any cost-sharing expenses authorized by section ~~5111.0112~~5162.20	39345
of the Revised Code or rules adopted ~~under section 5111.01,~~	39346
~~5111.011, or 5111.02 of the Revised Code~~by the medicaid director	39347
regarding the medicaid program, in cash or in kind, including, but	39348
not limited to, a kickback or rebate, in connection with the	39349
furnishing of goods or services for which whole or partial	39350
reimbursement is or may be made under the ~~medical assistance~~	39351
medicaid program.	39352

(D) No person, having submitted a claim for or provided goods	39353
or services under the ~~medical assistance~~medicaid program, shall	39354
do either of the following for a period of at least six years	39355
after a reimbursement pursuant to that claim, or a reimbursement	39356
for those goods or services, is received under the ~~medical~~	39357
~~assistance~~medicaid program:	39358

(1) Knowingly alter, falsify, destroy, conceal, or remove any	39359
records that are necessary to fully disclose the nature of all	39360
goods or services for which the claim was submitted, or for which	39361
reimbursement was received, by the person;	39362

(2) Knowingly alter, falsify, destroy, conceal, or remove any	39363
records that are necessary to disclose fully all income and	39364
expenditures upon which rates of reimbursements were based for the	39365
person.	39366

(E) Whoever violates this section is guilty of medicaid	39367
fraud. Except as otherwise provided in this division, medicaid	39368
fraud is a misdemeanor of the first degree. If the value of	39369
property, services, or funds obtained in violation of this section	39370
is one thousand dollars or more and is less than seven thousand	39371
five hundred dollars, medicaid fraud is a felony of the fifth	39372
degree. If the value of property, services, or funds obtained in	39373
violation of this section is seven thousand five hundred dollars	39374
or more and is less than one hundred fifty thousand dollars,	39375
medicaid fraud is a felony of the fourth degree. If the value of	39376
the property, services, or funds obtained in violation of this	39377
section is one hundred fifty thousand dollars or more, medicaid	39378
fraud is a felony of the third degree.	39379

(F) Upon application of the governmental agency, office, or	39380
other entity that conducted the investigation and prosecution in a	39381
case under this section, the court shall order any person who is	39382
convicted of a violation of this section for receiving any	39383
reimbursement for furnishing goods or services under the ~~medical~~	39384
~~assistance~~medicaid program to which the person is not entitled to	39385
pay to the applicant its cost of investigating and prosecuting the	39386
case. The costs of investigation and prosecution that a defendant	39387
is ordered to pay pursuant to this division shall be in addition	39388
to any other penalties for the receipt of that reimbursement that	39389
are provided in this section, section ~~5111.03~~5164.35 of the	39390
Revised Code, or any other provision of law.	39391

(G) The provisions of this section are not intended to be	39392
exclusive remedies and do not preclude the use of any other	39393
criminal or civil remedy for any act that is in violation of this	39394
section.	39395

Sec. 2913.401. (A) As used in this section:

39396

(1) "Medicaid ~~benefits~~services" ~~means benefits under the~~	39397
~~medical assistance program established under Chapter 5111.~~has the	39398
same meaning as in section 5164.01 of the Revised Code.	39399

(2) "Property" means any real or personal property or other	39400
asset in which a person has any legal title or interest.	39401

(B) No person shall knowingly do any of the following in an	39402
application for enrollment in the medicaid ~~benefits~~program or in	39403
a document that requires a disclosure of assets for the purpose of	39404
determining eligibility ~~to receive~~for the medicaid ~~benefits~~	39405
program:	39406

(1) Make or cause to be made a false or misleading statement;

39407

(2) Conceal an interest in property;

39408

(3)(a) Except as provided in division (B)(3)(b) of this	39409
section, fail to disclose a transfer of property that occurred	39410
during the period beginning thirty-six months before submission of	39411
the application or document and ending on the date the application	39412
or document was submitted;	39413

(b) Fail to disclose a transfer of property that occurred	39414
during the period beginning sixty months before submission of the	39415
application or document and ending on the date the application or	39416
document was submitted and that was made to an irrevocable trust a	39417
portion of which is not distributable to the applicant for	39418
~~medicaid benefits~~ or ~~the~~ recipient of medicaid ~~benefits~~ or to a	39419
revocable trust.	39420

(C)(1) Whoever violates this section is guilty of medicaid	39421
eligibility fraud. Except as otherwise provided in this division,	39422
a violation of this section is a misdemeanor of the first degree.	39423
If the value of the medicaid ~~benefits~~services paid as a result of	39424
the violation is one thousand dollars or more and is less than	39425
seven thousand five hundred dollars, a violation of this section	39426
is a felony of the fifth degree. If the value of the medicaid	39427
~~benefits~~services paid as a result of the violation is seven	39428
thousand five hundred dollars or more and is less than one hundred	39429
fifty thousand dollars, a violation of this section is a felony of	39430
the fourth degree. If the value of the medicaid ~~benefits~~services	39431
paid as a result of the violation is one hundred fifty thousand	39432
dollars or more, a violation of this section is a felony of the	39433
third degree.	39434

(2) In addition to imposing a sentence under division (C)(1)	39435
of this section, the court shall order that a person who is guilty	39436
of medicaid eligibility fraud make restitution in the full amount	39437
of any medicaid ~~benefits~~services paid on behalf of an applicant	39438
for or recipient of medicaid ~~benefits~~ for which the applicant or	39439
recipient was not eligible, plus interest at the rate applicable	39440
to judgments on unreimbursed amounts from the date on which the	39441
~~benefits~~medicaid services were paid to the date on which	39442
restitution is made.	39443

(3) The remedies and penalties provided in this section are	39444
not exclusive and do not preclude the use of any other criminal or	39445
civil remedy for any act that is in violation of this section.	39446

(D) This section does not apply to a person who fully	39447
disclosed in an application for medicaid ~~benefits~~ or in a document	39448
that requires a disclosure of assets for the purpose of	39449
determining eligibility ~~to receive~~for medicaid ~~benefits~~ all of	39450
the interests in property of the applicant for or recipient of	39451
medicaid ~~benefits~~, all transfers of property by the applicant for	39452
or recipient of medicaid ~~benefits~~, and the circumstances of all	39453
those transfers.	39454

(E) Any amounts of medicaid ~~benefits~~services recovered as	39455
restitution under this section and any interest on those amounts	39456
shall be credited to the general revenue fund, and any applicable	39457
federal share shall be returned to the appropriate agency or	39458
department of the United States.	39459

Sec. 2919.19. As used in this section and sections 2919.191	39460
to 2919.193 of the Revised Code:	39461

(A) "Fetal heartbeat" means cardiac activity or the steady	39462
and repetitive rhythmic contraction of the fetal heart within the	39463
gestational sac.	39464

(B) "Fetus" means the human offspring developing during	39465
pregnancy from the moment of conception and includes the embryonic	39466
stage of development.	39467

(C) "Gestational age" means the age of an unborn human	39468
individual as calculated from the first day of the last menstrual	39469
period of a pregnant woman.	39470

(D) "Gestational sac" means the structure that comprises the	39471
extraembryonic membranes that envelop the fetus and that is	39472
typically visible by ultrasound after the fourth week of	39473
pregnancy.	39474

(E) "Medical emergency" has the same meaning as in section	39475
2919.16 of the Revised Code.	39476

(F) "Physician" has the same meaning as in section 2305.113	39477
of the Revised Code.	39478

(G) "Pregnancy" means the human female reproductive condition	39479
that begins with fertilization, when the woman is carrying the	39480
developing human offspring, and that is calculated from the first	39481
day of the last menstrual period of the woman.	39482

(H) "Serious risk of the substantial and irreversible	39483
impairment of a major bodily function" has the same meaning as in	39484
section 2919.16 of the Revised Code.	39485

(I) "Standard medical practice" means the degree of skill,	39486
care, and diligence that a physician of the same medical specialty	39487
would employ in like circumstances. As applied to the method used	39488
to determine the presence of a fetal heartbeat for purposes of	39489
section 2919.191 of the Revised Code, "standard medical practice"	39490
includes employing the appropriate means of detection depending on	39491
the estimated gestational age of the fetus and the condition of	39492
the woman and her pregnancy.	39493

(J) "Unborn human individual" means an individual organism of	39494
the species homo sapiens from fertilization until live birth.	39495

Sec. 2919.191. (A) A person who intends to perform or induce	39496
an abortion on a pregnant woman shall determine whether there is a	39497
detectable fetal heartbeat of the unborn human individual the	39498
pregnant woman is carrying. The method of determining the presence	39499
of a fetal heartbeat shall be consistent with the person's good	39500
faith understanding of standard medical practice, provided that if	39501
rules have been adopted under division (C) of this section, the	39502
method chosen shall be one that is consistent with the rules. The	39503
person who determines the presence or absence of a fetal heartbeat	39504
shall record in the pregnant woman's medical record the estimated	39505
gestational age of the unborn human individual, the method used to	39506
test for a fetal heartbeat, the date and time of the test, and the	39507
results of the test.	39508

(B)(1) Except when a medical emergency exists that prevents	39509
compliance with this division, no person shall perform or induce	39510
an abortion on a pregnant woman prior to determining if the unborn	39511
human individual the pregnant woman is carrying has a detectable	39512
fetal heartbeat. Any person who performs or induces an abortion on	39513
a pregnant woman based on the exception in this division shall	39514
note in the pregnant woman's medical records that a medical	39515
emergency necessitating the abortion existed and shall also note	39516
the medical condition of the pregnant woman that prevented	39517
compliance with this division. The person shall maintain a copy of	39518
the notes described in this division in the person's own records	39519
for at least seven years after the notes are entered into the	39520
medical records.	39521

(2) The person who performs the examination for the presence	39522
of a fetal heartbeat shall give the pregnant woman the option to	39523
view or hear the fetal heartbeat.	39524

(C) The director of health may promulgate rules pursuant to	39525
section 111.15 of the Revised Code specifying the appropriate	39526
methods of performing an examination for the presence of a fetal	39527
heartbeat of an unborn individual based on standard medical	39528
practice. The rules shall require only that an examination shall	39529
be performed externally.	39530

(D) A person is not in violation of division (A) or (B) of	39531
this section if that person has performed an examination for the	39532
presence of a fetal heartbeat in the fetus utilizing standard	39533
medical practice, that examination does not reveal a fetal	39534
heartbeat or the person has been informed by a physician who has	39535
performed the examination for fetal heartbeat that the examination	39536
did not reveal a fetal heartbeat, and the person notes in the	39537
pregnant woman's medical records the procedure utilized to detect	39538
the presence of a fetal heartbeat.	39539

(E) Except as provided in division (F) of this section, no	39540
person shall knowingly and purposefully perform or induce an	39541
abortion on a pregnant woman before determining in accordance with	39542
division (A) of this section whether the unborn human individual	39543
the pregnant woman is carrying has a detectable heartbeat. The	39544
failure of a person to satisfy the requirements of this section	39545
prior to performing or inducing an abortion on a pregnant woman	39546
may be the basis for either of the following:	39547

(1) A civil action for compensatory and exemplary damages;

39548

(2) Disciplinary action under section 4731.22 of the Revised	39549
Code.	39550

(F) Division (E) of this section does not apply to a	39551
physician who performs or induces the abortion if the physician	39552
believes that a medical emergency exists that prevents compliance	39553
with that division.	39554

(G) The director of health may determine and specify in rules	39555
adopted pursuant to section 111.15 of the Revised Code and based	39556
upon available medical evidence the statistical probability of	39557
bringing an unborn human individual to term based on the	39558
gestational age of an unborn human individual who possesses a	39559
detectable fetal heartbeat.	39560

(H) A woman on whom an abortion is performed in violation of	39561
division (B) of this section or division (B)(3) of section 2317.56	39562
of the Revised Code may file a civil action for the wrongful death	39563
of the woman's unborn child and may receive at the mother's	39564
election at any time prior to final judgment damages in an amount	39565
equal to ten thousand dollars or an amount determined by the trier	39566
of fact after consideration of the evidence subject to the same	39567
defenses and requirements of proof, except any requirement of live	39568
birth, as would apply to a suit for the wrongful death of a child	39569
who had been born alive.	39570

Sec. 2919.192. (A) If a person who intends to perform or	39571
induce an abortion on a pregnant woman has determined, under	39572
section 2919.191 of the Revised Code, that the unborn human	39573
individual the pregnant woman is carrying has a detectable	39574
heartbeat, the person shall not, except as provided in division	39575
(B) of this section, perform or induce the abortion until all of	39576
the following requirements have been met and at least twenty-four	39577
hours have elapsed after the last of the requirements is met:	39578

(1) The person intending to perform or induce the abortion	39579
shall inform the pregnant woman in writing that the unborn human	39580
individual the pregnant woman is carrying has a fetal heartbeat.	39581

(2) The person intending to perform or induce the abortion	39582
shall inform the pregnant woman, to the best of the person's	39583
knowledge, of the statistical probability of bringing the unborn	39584
human individual possessing a detectable fetal heartbeat to term	39585
based on the gestational age of the unborn human individual or, if	39586
the director of health has specified statistical probability	39587
information pursuant to rules adopted under division (C) of this	39588
section, shall provide to the pregnant woman that information.	39589

(B) Division (A) of this section does not apply if the person	39590
who intends to perform or induce the abortion believes that a	39591
medical emergency exists that prevents compliance with that	39592
division.	39593

(C) The director of health may adopt rules that specify	39594
information regarding the statistical probability of bringing an	39595
unborn human individual possessing a detectable heartbeat to term	39596
based on the gestational age of the unborn human individual. The	39597
rules shall be based on available medical evidence and shall be	39598
adopted in accordance with section 111.15 of the Revised Code.	39599

(D) This section does not have the effect of repealing or	39600
limiting any other provision of the Revised Code relating to	39601
informed consent for an abortion, including the provisions in	39602
section 2317.56 of the Revised Code.	39603

(E) Whoever violates division (A) of this section is guilty	39604
of performing or inducing an abortion without informed consent	39605
when there is a detectable fetal heartbeat, a misdemeanor of the	39606
first degree on a first offense and a felony of the fourth degree	39607
on each subsequent offense.	39608

Sec. 2919.193. A pregnant woman on whom an abortion is	39609
performed or induced in violation of section 2919.191 or 2919.192	39610
of the Revised Code is not guilty of violating any of those	39611
sections; is not guilty of attempting to commit, conspiring to	39612
commit, or complicity in committing a violation of any of those	39613
sections; and is not subject to a civil penalty based on the	39614
abortion being performed or induced in violation of any of those	39615
sections.	39616

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	39617
violation of section 2919.27 of the Revised Code or of a municipal	39618
ordinance that is substantially similar to that section, the court	39619
may order an evaluation of the mental condition of the defendant	39620
if the court determines that either of the following criteria	39621
apply:	39622

(i) If the alleged violation is a violation of a protection	39623
order issued or consent agreement approved pursuant to section	39624
2919.26 or 3113.31 of the Revised Code, that the violation	39625
allegedly involves conduct by the defendant that caused physical	39626
harm to the person or property of a family or household member	39627
covered by the order or agreement, or conduct by the defendant	39628
that caused a family or household member to believe that the	39629
defendant would cause physical harm to that member or that	39630
member's property.	39631

(ii) If the alleged violation is a violation of a protection	39632
order issued pursuant to section 2903.213 or 2903.214 of the	39633
Revised Code or a protection order issued by a court of another	39634
state, that the violation allegedly involves conduct by the	39635
defendant that caused physical harm to the person or property of	39636
the person covered by the order, or conduct by the defendant that	39637
caused the person covered by the order to believe that the	39638
defendant would cause physical harm to that person or that	39639
person's property.	39640

(b) If a defendant is charged with a violation of section	39641
2903.211 of the Revised Code or of a municipal ordinance that is	39642
substantially similar to that section, the court may order an	39643
evaluation of the mental condition of the defendant.	39644

(2) An evaluation ordered under division (A)(1) of this	39645
section shall be completed no later than thirty days from the date	39646
the order is entered pursuant to that division. In that order, the	39647
court shall do either of the following:	39648

(a) Order that the evaluation of the mental condition of the	39649
defendant be preceded by an examination conducted either by a	39650
forensic center that is designated by the department of ~~mental~~	39651
~~health~~mental health and addiction services to conduct	39652
examinations and make evaluations of defendants charged with	39653
violations of section 2903.211 or 2919.27 of the Revised Code or	39654
of substantially similar municipal ordinances in the area in which	39655
the court is located, or by any other program or facility that is	39656
designated by the department of ~~mental health~~mental health and	39657
addiction services or the department of developmental disabilities	39658
to conduct examinations and make evaluations of defendants charged	39659
with violations of section 2903.211 or 2919.27 of the Revised Code	39660
or of substantially similar municipal ordinances, and that is	39661
operated by either department or is certified by either department	39662
as being in compliance with the standards established under	39663
division ~~(H)~~(B)(7) of section ~~5119.01~~5119.10 of the Revised Code	39664
or division (C) of section 5123.04 of the Revised Code.	39665

(b) Designate a center, program, or facility other than one	39666
designated by the department of ~~mental health~~mental health and	39667
addiction services or the department of developmental	39668
disabilities, as described in division (A)(2)(a) of this section,	39669
to conduct the evaluation and preceding examination of the mental	39670
condition of the defendant.	39671

Whether the court acts pursuant to division (A)(2)(a) or (b)	39672
of this section, the court may designate examiners other than the	39673
personnel of the center, program, facility, or department involved	39674
to make the evaluation and preceding examination of the mental	39675
condition of the defendant.	39676

(B) If the court considers that additional evaluations of the	39677
mental condition of a defendant are necessary following the	39678
evaluation authorized by division (A) of this section, the court	39679
may order up to two additional similar evaluations. These	39680
evaluations shall be completed no later than thirty days from the	39681
date the applicable court order is entered. If more than one	39682
evaluation of the mental condition of the defendant is ordered	39683
under this division, the prosecutor and the defendant may	39684
recommend to the court an examiner whom each prefers to perform	39685
one of the evaluations and preceding examinations.	39686

(C)(1) The court may order a defendant who has been released	39687
on bail to submit to an examination under division (A) or (B) of	39688
this section. The examination shall be conducted either at the	39689
detention facility in which the defendant would have been confined	39690
if the defendant had not been released on bail, or, if so	39691
specified by the center, program, facility, or examiners involved,	39692
at the premises of the center, program, or facility. Additionally,	39693
the examination shall be conducted at the times established by the	39694
examiners involved. If such a defendant refuses to submit to an	39695
examination or a complete examination as required by the court or	39696
the center, program, facility, or examiners involved, the court	39697
may amend the conditions of the bail of the defendant and order	39698
the sheriff to take the defendant into custody and deliver the	39699
defendant to the detention facility in which the defendant would	39700
have been confined if the defendant had not been released on bail,	39701
or, if so specified by the center, program, facility, or examiners	39702
involved, to the premises of the center, program, or facility, for	39703
purposes of the examination.	39704

(2) A defendant who has not been released on bail shall be	39705
examined at the detention facility in which the defendant is	39706
confined or, if so specified by the center, program, facility, or	39707
examiners involved, at the premises of the center, program, or	39708
facility.	39709

(D) The examiner of the mental condition of a defendant under	39710
division (A) or (B) of this section shall file a written report	39711
with the court within thirty days after the entry of an order for	39712
the evaluation of the mental condition of the defendant. The	39713
report shall contain the findings of the examiner; the facts in	39714
reasonable detail on which the findings are based; the opinion of	39715
the examiner as to the mental condition of the defendant; the	39716
opinion of the examiner as to whether the defendant represents a	39717
substantial risk of physical harm to other persons as manifested	39718
by evidence of recent homicidal or other violent behavior,	39719
evidence of recent threats that placed other persons in reasonable	39720
fear of violent behavior and serious physical harm, or evidence of	39721
present dangerousness; and the opinion of the examiner as to the	39722
types of treatment or counseling that the defendant needs. The	39723
court shall provide copies of the report to the prosecutor and	39724
defense counsel.	39725

(E) The costs of any evaluation and preceding examination of	39726
a defendant that is ordered pursuant to division (A) or (B) of	39727
this section shall be taxed as court costs in the criminal case.	39728

(F) If the examiner considers it necessary in order to make	39729
an accurate evaluation of the mental condition of a defendant, an	39730
examiner under division (A) or (B) of this section may request any	39731
family or household member of the defendant to provide the	39732
examiner with information. A family or household member may, but	39733
is not required to, provide information to the examiner upon	39734
receipt of the request.	39735

(G) As used in this section:

39736

(1) "Bail" includes a recognizance.

39737

(2) "Examiner" means a psychiatrist, a licensed independent	39738
social worker who is employed by a forensic center that is	39739
certified as being in compliance with the standards established	39740
under division ~~(H)~~(B)(7) of section ~~5119.01~~5119.10 or division	39741
(C) of section 5123.04 of the Revised Code, a licensed	39742
professional clinical counselor who is employed at a forensic	39743
center that is certified as being in compliance with such	39744
standards, or a licensed clinical psychologist, except that in	39745
order to be an examiner, a licensed clinical psychologist shall	39746
meet the criteria of division (I)(1) of section 5122.01 of the	39747
Revised Code or be employed to conduct examinations by the	39748
department of ~~mental health~~mental health and addiction services	39749
or by a forensic center certified as being in compliance with the	39750
standards established under division ~~(H)~~(B)(7) of section ~~5119.01~~	39751
5119.10 or division (C) of section 5123.04 of the Revised Code	39752
that is designated by the department of ~~mental health~~mental	39753
health and addiction services.	39754

(3) "Family or household member" has the same meaning as in	39755
section 2919.25 of the Revised Code.	39756

(4) "Prosecutor" has the same meaning as in section 2935.01	39757
of the Revised Code.	39758

(5) "Psychiatrist" and "licensed clinical psychologist" have	39759
the same meanings as in section 5122.01 of the Revised Code.	39760

(6) "Protection order issued by a court of another state" has	39761
the same meaning as in section 2919.27 of the Revised Code.	39762

Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the	39763
Revised Code:	39764

(A) "Public official" means any elected or appointed officer,	39765
or employee, or agent of the state or any political subdivision,	39766
whether in a temporary or permanent capacity, and includes, but is	39767
not limited to, legislators, judges, and law enforcement officers.	39768
"Public official" does not include an employee, officer, or	39769
governor-appointed member of the board of directors of the	39770
nonprofit corporation formed under section 187.01 of the Revised	39771
Code.	39772

(B) "Public servant" means any of the following:

39773

(1) Any public official;

39774

(2) Any person performing ad hoc a governmental function,	39775
including, but not limited to, a juror, member of a temporary	39776
commission, master, arbitrator, advisor, or consultant;	39777

(3) A person who is a candidate for public office, whether or	39778
not the person is elected or appointed to the office for which the	39779
person is a candidate. A person is a candidate for purposes of	39780
this division if the person has been nominated according to law	39781
for election or appointment to public office, or if the person has	39782
filed a petition or petitions as required by law to have the	39783
person's name placed on the ballot in a primary, general, or	39784
special election, or if the person campaigns as a write-in	39785
candidate in any primary, general, or special election.	39786

"Public servant" does not include an employee, officer, or	39787
governor-appointed member of the board of directors of the	39788
nonprofit corporation formed under section 187.01 of the Revised	39789
Code.	39790

(C) "Party official" means any person who holds an elective	39791
or appointive post in a political party in the United States or	39792
this state, by virtue of which the person directs, conducts, or	39793
participates in directing or conducting party affairs at any level	39794
of responsibility.	39795

(D) "Official proceeding" means any proceeding before a	39796
legislative, judicial, administrative, or other governmental	39797
agency or official authorized to take evidence under oath, and	39798
includes any proceeding before a referee, hearing examiner,	39799
commissioner, notary, or other person taking testimony or a	39800
deposition in connection with an official proceeding.	39801

(E) "Detention" means arrest; confinement in any vehicle	39802
subsequent to an arrest; confinement in any public or private	39803
facility for custody of persons charged with or convicted of crime	39804
in this state or another state or under the laws of the United	39805
States or alleged or found to be a delinquent child or unruly	39806
child in this state or another state or under the laws of the	39807
United States; hospitalization, institutionalization, or	39808
confinement in any public or private facility that is ordered	39809
pursuant to or under the authority of section 2945.37, 2945.371,	39810
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	39811
Code; confinement in any vehicle for transportation to or from any	39812
facility of any of those natures; detention for extradition or	39813
deportation; except as provided in this division, supervision by	39814
any employee of any facility of any of those natures that is	39815
incidental to hospitalization, institutionalization, or	39816
confinement in the facility but that occurs outside the facility;	39817
supervision by an employee of the department of rehabilitation and	39818
correction of a person on any type of release from a state	39819
correctional institution; or confinement in any vehicle, airplane,	39820
or place while being returned from outside of this state into this	39821
state by a private person or entity pursuant to a contract entered	39822
into under division (E) of section 311.29 of the Revised Code or	39823
division (B) of section 5149.03 of the Revised Code. For a person	39824
confined in a county jail who participates in a county jail	39825
industry program pursuant to section 5147.30 of the Revised Code,	39826
"detention" includes time spent at an assigned work site and going	39827
to and from the work site.	39828

(F) "Detention facility" means any public or private place	39829
used for the confinement of a person charged with or convicted of	39830
any crime in this state or another state or under the laws of the	39831
United States or alleged or found to be a delinquent child or	39832
unruly child in this state or another state or under the laws of	39833
the United States.	39834

(G) "Valuable thing or valuable benefit" includes, but is not	39835
limited to, a contribution. This inclusion does not indicate or	39836
imply that a contribution was not included in those terms before	39837
September 17, 1986.	39838

(H) "Campaign committee," "contribution," "political action	39839
committee," "legislative campaign fund," "political party," and	39840
"political contributing entity" have the same meanings as in	39841
section 3517.01 of the Revised Code.	39842

(I) "Provider agreement" ~~and "medical assistance program"~~	39843
~~have~~has the same ~~meanings~~meaning as in section ~~2913.40~~5164.01	39844
of the Revised Code.	39845

Sec. 2921.22. (A)(1) Except as provided in division (A)(2)	39846
of this section, no person, knowing that a felony has been or is	39847
being committed, shall knowingly fail to report such information	39848
to law enforcement authorities.	39849

(2) No person, knowing that a violation of division (B) of	39850
section 2913.04 of the Revised Code has been, or is being	39851
committed or that the person has received information derived from	39852
such a violation, shall knowingly fail to report the violation to	39853
law enforcement authorities.	39854

(B) Except for conditions that are within the scope of	39855
division (E) of this section, no physician, limited practitioner,	39856
nurse, or other person giving aid to a sick or injured person	39857
shall negligently fail to report to law enforcement authorities	39858
any gunshot or stab wound treated or observed by the physician,	39859
limited practitioner, nurse, or person, or any serious physical	39860
harm to persons that the physician, limited practitioner, nurse,	39861
or person knows or has reasonable cause to believe resulted from	39862
an offense of violence.	39863

(C) No person who discovers the body or acquires the first	39864
knowledge of the death of a person shall fail to report the death	39865
immediately to a physician whom the person knows to be treating	39866
the deceased for a condition from which death at such time would	39867
not be unexpected, or to a law enforcement officer, an ambulance	39868
service, an emergency squad, or the coroner in a political	39869
subdivision in which the body is discovered, the death is believed	39870
to have occurred, or knowledge concerning the death is obtained.	39871

(D) No person shall fail to provide upon request of the	39872
person to whom a report required by division (C) of this section	39873
was made, or to any law enforcement officer who has reasonable	39874
cause to assert the authority to investigate the circumstances	39875
surrounding the death, any facts within the person's knowledge	39876
that may have a bearing on the investigation of the death.	39877

(E)(1) As used in this division, "burn injury" means any of	39878
the following:	39879

(a) Second or third degree burns;

39880

(b) Any burns to the upper respiratory tract or laryngeal	39881
edema due to the inhalation of superheated air;	39882

39883

(d) Any physical harm to persons caused by or as the result	39884
of the use of fireworks, novelties and trick noisemakers, and wire	39885
sparklers, as each is defined by section 3743.01 of the Revised	39886
Code.	39887

(2) No physician, nurse, or limited practitioner who, outside	39888
a hospital, sanitarium, or other medical facility, attends or	39889
treats a person who has sustained a burn injury that is inflicted	39890
by an explosion or other incendiary device or that shows evidence	39891
of having been inflicted in a violent, malicious, or criminal	39892
manner shall fail to report the burn injury immediately to the	39893
local arson, or fire and explosion investigation, bureau, if there	39894
is a bureau of this type in the jurisdiction in which the person	39895
is attended or treated, or otherwise to local law enforcement	39896
authorities.	39897

(3) No manager, superintendent, or other person in charge of	39898
a hospital, sanitarium, or other medical facility in which a	39899
person is attended or treated for any burn injury that is	39900
inflicted by an explosion or other incendiary device or that shows	39901
evidence of having been inflicted in a violent, malicious, or	39902
criminal manner shall fail to report the burn injury immediately	39903
to the local arson, or fire and explosion investigation, bureau,	39904
if there is a bureau of this type in the jurisdiction in which the	39905
person is attended or treated, or otherwise to local law	39906
enforcement authorities.	39907

(4) No person who is required to report any burn injury under	39908
division (E)(2) or (3) of this section shall fail to file, within	39909
three working days after attending or treating the victim, a	39910
written report of the burn injury with the office of the state	39911
fire marshal. The report shall comply with the uniform standard	39912
developed by the state fire marshal pursuant to division (A)(15)	39913
of section 3737.22 of the Revised Code.	39914

(5) Anyone participating in the making of reports under	39915
division (E) of this section or anyone participating in a judicial	39916
proceeding resulting from the reports is immune from any civil or	39917
criminal liability that otherwise might be incurred or imposed as	39918
a result of such actions. Notwithstanding section 4731.22 of the	39919
Revised Code, the physician-patient relationship is not a ground	39920
for excluding evidence regarding a person's burn injury or the	39921
cause of the burn injury in any judicial proceeding resulting from	39922
a report submitted under division (E) of this section.	39923

(F)(1) Any doctor of medicine or osteopathic medicine,	39924
hospital intern or resident, registered or licensed practical	39925
nurse, psychologist, social worker, independent social worker,	39926
social work assistant, professional clinical counselor, or	39927
professional counselor who knows or has reasonable cause to	39928
believe that a patient or client has been the victim of domestic	39929
violence, as defined in section 3113.31 of the Revised Code, shall	39930
note that knowledge or belief and the basis for it in the	39931
patient's or client's records.	39932

(2) Notwithstanding section 4731.22 of the Revised Code, the	39933
doctor-patient privilege shall not be a ground for excluding any	39934
information regarding the report containing the knowledge or	39935
belief noted under division (F)(1) of this section, and the	39936
information may be admitted as evidence in accordance with the	39937
Rules of Evidence.	39938

(G) Divisions (A) and (D) of this section do not require	39939
disclosure of information, when any of the following applies:	39940

(1) The information is privileged by reason of the	39941
relationship between attorney and client; doctor and patient;	39942
licensed psychologist or licensed school psychologist and client;	39943
member of the clergy, rabbi, minister, or priest and any person	39944
communicating information confidentially to the member of the	39945
clergy, rabbi, minister, or priest for a religious counseling	39946
purpose of a professional character; husband and wife; or a	39947
communications assistant and those who are a party to a	39948
telecommunications relay service call.	39949

(2) The information would tend to incriminate a member of the	39950
actor's immediate family.	39951

(3) Disclosure of the information would amount to revealing a	39952
news source, privileged under section 2739.04 or 2739.12 of the	39953
Revised Code.	39954

(4) Disclosure of the information would amount to disclosure	39955
by a member of the ordained clergy of an organized religious body	39956
of a confidential communication made to that member of the clergy	39957
in that member's capacity as a member of the clergy by a person	39958
seeking the aid or counsel of that member of the clergy.	39959

(5) Disclosure would amount to revealing information acquired	39960
by the actor in the course of the actor's duties in connection	39961
with a bona fide program of treatment or services for drug	39962
dependent persons or persons in danger of drug dependence, which	39963
program is maintained or conducted by a hospital, clinic, person,	39964
agency, or ~~organization~~services provider certified pursuant to	39965
section ~~3793.06~~5119.36 of the Revised Code.	39966

(6) Disclosure would amount to revealing information acquired	39967
by the actor in the course of the actor's duties in connection	39968
with a bona fide program for providing counseling services to	39969
victims of crimes that are violations of section 2907.02 or	39970
2907.05 of the Revised Code or to victims of felonious sexual	39971
penetration in violation of former section 2907.12 of the Revised	39972
Code. As used in this division, "counseling services" include	39973
services provided in an informal setting by a person who, by	39974
education or experience, is competent to provide those services.	39975

(H) No disclosure of information pursuant to this section	39976
gives rise to any liability or recrimination for a breach of	39977
privilege or confidence.	39978

(I) Whoever violates division (A) or (B) of this section is	39979
guilty of failure to report a crime. Violation of division (A)(1)	39980
of this section is a misdemeanor of the fourth degree. Violation	39981
of division (A)(2) or (B) of this section is a misdemeanor of the	39982
second degree.	39983

(J) Whoever violates division (C) or (D) of this section is	39984
guilty of failure to report knowledge of a death, a misdemeanor of	39985
the fourth degree.	39986

(K)(1) Whoever negligently violates division (E) of this	39987
section is guilty of a minor misdemeanor.	39988

(2) Whoever knowingly violates division (E) of this section	39989
is guilty of a misdemeanor of the second degree.	39990

Sec. 2921.36. (A) No person shall knowingly convey, or	39991
attempt to convey, onto the grounds of a detention facility or of	39992
an institution, office building, or other place that is under the	39993
control of the department of ~~mental health~~mental health and	39994
addiction services, the department of developmental disabilities,	39995
the department of youth services, or the department of	39996
rehabilitation and correction any of the following items:	39997

(1) Any deadly weapon or dangerous ordnance, as defined in	39998
section 2923.11 of the Revised Code, or any part of or ammunition	39999
for use in such a deadly weapon or dangerous ordnance;	40000

(2) Any drug of abuse, as defined in section 3719.011 of the	40001
Revised Code;	40002

(3) Any intoxicating liquor, as defined in section 4301.01 of	40003
the Revised Code.	40004

(B) Division (A) of this section does not apply to any person	40005
who conveys or attempts to convey an item onto the grounds of a	40006
detention facility or of an institution, office building, or other	40007
place under the control of the department of ~~mental health~~mental	40008
health and addiction services, the department of developmental	40009
disabilities, the department of youth services, or the department	40010
of rehabilitation and correction pursuant to the written	40011
authorization of the person in charge of the detention facility or	40012
the institution, office building, or other place and in accordance	40013
with the written rules of the detention facility or the	40014
institution, office building, or other place.	40015

(C) No person shall knowingly deliver, or attempt to deliver,	40016
to any person who is confined in a detention facility, to a child	40017
confined in a youth services facility, to a prisoner who is	40018
temporarily released from confinement for a work assignment, or to	40019
any patient in an institution under the control of the department	40020
of ~~mental health~~mental health and addiction services or the	40021
department of developmental disabilities any item listed in	40022
division (A)(1), (2), or (3) of this section.	40023

(D) No person shall knowingly deliver, or attempt to deliver,	40024
cash to any person who is confined in a detention facility, to a	40025
child confined in a youth services facility, or to a prisoner who	40026
is temporarily released from confinement for a work assignment.	40027

(E) No person shall knowingly deliver, or attempt to deliver,	40028
to any person who is confined in a detention facility, to a child	40029
confined in a youth services facility, or to a prisoner who is	40030
temporarily released from confinement for a work assignment a	40031
cellular telephone, two-way radio, or other electronic	40032
communications device.	40033

(F)(1) It is an affirmative defense to a charge under	40034
division (A)(1) of this section that the weapon or dangerous	40035
ordnance in question was being transported in a motor vehicle for	40036
any lawful purpose, that it was not on the actor's person, and, if	40037
the weapon or dangerous ordnance in question was a firearm, that	40038
it was unloaded and was being carried in a closed package, box, or	40039
case or in a compartment that can be reached only by leaving the	40040
vehicle.	40041

(2) It is an affirmative defense to a charge under division	40042
(C) of this section that the actor was not otherwise prohibited by	40043
law from delivering the item to the confined person, the child,	40044
the prisoner, or the patient and that either of the following	40045
applies:	40046

(a) The actor was permitted by the written rules of the	40047
detention facility or the institution, office building, or other	40048
place to deliver the item to the confined person or the patient.	40049

(b) The actor was given written authorization by the person	40050
in charge of the detention facility or the institution, office	40051
building, or other place to deliver the item to the confined	40052
person or the patient.	40053

(G)(1) Whoever violates division (A)(1) of this section or	40054
commits a violation of division (C) of this section involving an	40055
item listed in division (A)(1) of this section is guilty of	40056
illegal conveyance of weapons onto the grounds of a specified	40057
governmental facility, a felony of the third degree. If the	40058
offender is an officer or employee of the department of	40059
rehabilitation and correction, the court shall impose a mandatory	40060
prison term.	40061

(2) Whoever violates division (A)(2) of this section or	40062
commits a violation of division (C) of this section involving any	40063
drug of abuse is guilty of illegal conveyance of drugs of abuse	40064
onto the grounds of a specified governmental facility, a felony of	40065
the third degree. If the offender is an officer or employee of the	40066
department of rehabilitation and correction or of the department	40067
of youth services, the court shall impose a mandatory prison term.	40068

(3) Whoever violates division (A)(3) of this section or	40069
commits a violation of division (C) of this section involving any	40070
intoxicating liquor is guilty of illegal conveyance of	40071
intoxicating liquor onto the grounds of a specified governmental	40072
facility, a misdemeanor of the second degree.	40073

(4) Whoever violates division (D) of this section is guilty	40074
of illegal conveyance of cash onto the grounds of a detention	40075
facility, a misdemeanor of the first degree. If the offender	40076
previously has been convicted of or pleaded guilty to a violation	40077
of division (D) of this section, illegal conveyance of cash onto	40078
the grounds of a detention facility is a felony of the fifth	40079
degree.	40080

(5) Whoever violates division (E) of this section is guilty	40081
of illegal conveyance of a communications device onto the grounds	40082
of a specified governmental facility, a misdemeanor of the first	40083
degree, or if the offender previously has been convicted of or	40084
pleaded guilty to a violation of division (E) of this section, a	40085
felony of the fifth degree.	40086

Sec. 2921.38. (A) No person who is confined in a detention	40087
facility, with intent to harass, annoy, threaten, or alarm another	40088
person, shall cause or attempt to cause the other person to come	40089
into contact with blood, semen, urine, feces, or another bodily	40090
substance by throwing the bodily substance at the other person, by	40091
expelling the bodily substance upon the other person, or in any	40092
other manner.	40093

(B) No person, with intent to harass, annoy, threaten, or	40094
alarm a law enforcement officer, shall cause or attempt to cause	40095
the law enforcement officer to come into contact with blood,	40096
semen, urine, feces, or another bodily substance by throwing the	40097
bodily substance at the law enforcement officer, by expelling the	40098
bodily substance upon the law enforcement officer, or in any other	40099
manner.	40100

(C) No person, with knowledge that the person is a carrier of	40101
the virus that causes acquired immunodeficiency syndrome, is a	40102
carrier of a hepatitis virus, or is infected with tuberculosis and	40103
with intent to harass, annoy, threaten, or alarm another person,	40104
shall cause or attempt to cause the other person to come into	40105
contact with blood, semen, urine, feces, or another bodily	40106
substance by throwing the bodily substance at the other person, by	40107
expelling the bodily substance upon the other person, or in any	40108
other manner.	40109

(D) Whoever violates this section is guilty of harassment	40110
with a bodily substance. A violation of division (A) or (B) of	40111
this section is a felony of the fifth degree. A violation of	40112
division (C) of this section is a felony of the third degree.	40113

(E)(1) The court, on request of the prosecutor, or the law	40114
enforcement authority responsible for the investigation of the	40115
violation, shall cause a person who allegedly has committed a	40116
violation of this section to submit to one or more appropriate	40117
tests to determine if the person is a carrier of the virus that	40118
causes acquired immunodeficiency syndrome, is a carrier of a	40119
hepatitis virus, or is infected with tuberculosis.	40120

(2) The court shall charge the offender with the costs of the	40121
test or tests ordered under division (E)(1) of this section unless	40122
the court determines that the accused is unable to pay, in which	40123
case the costs shall be charged to the entity that operates the	40124
detention facility in which the alleged offense occurred.	40125

(F) This section does not apply to a person who is	40126
hospitalized, institutionalized, or confined in a facility	40127
operated by the department of ~~mental health~~mental health and	40128
addiction services or the department of developmental	40129
disabilities.	40130

Sec. 2923.125. (A) This section applies with respect to the	40131
application for and issuance by this state of concealed handgun	40132
licenses other than concealed handgun licenses on a temporary	40133
emergency basis that are issued under section 2923.1213 of the	40134
Revised Code. Upon the request of a person who wishes to obtain a	40135
concealed handgun license with respect to which this section	40136
applies or to renew a concealed handgun license with respect to	40137
which this section applies, a sheriff, as provided in division (I)	40138
of this section, shall provide to the person free of charge an	40139
application form and the web site address at which the pamphlet	40140
described in division (B) of section 109.731 of the Revised Code	40141
may be found. A sheriff shall accept a completed application form	40142
and the fee, items, materials, and information specified in	40143
divisions (B)(1) to (5) of this section at the times and in the	40144
manners described in division (I) of this section.	40145

(B) An applicant for a concealed handgun license with respect	40146
to which this section applies shall submit a completed application	40147
form and all of the following to the sheriff of the county in	40148
which the applicant resides or to the sheriff of any county	40149
adjacent to the county in which the applicant resides:	40150

(1)(a) A nonrefundable license fee as described in either of	40151
the following:	40152

(i) For an applicant who has been a resident of this state	40153
for five or more years, a fee of sixty-seven dollars;	40154

(ii) For an applicant who has been a resident of this state	40155
for less than five years, a fee of sixty-seven dollars plus the	40156
actual cost of having a background check performed by the federal	40157
bureau of investigation.	40158

(b) No sheriff shall require an applicant to pay for the cost	40159
of a background check performed by the bureau of criminal	40160
identification and investigation.	40161

(c) A sheriff shall waive the payment of the license fee	40162
described in division (B)(1)(a) of this section in connection with	40163
an initial or renewal application for a license that is submitted	40164
by an applicant who is a retired peace officer, a retired person	40165
described in division (B)(1)(b) of section 109.77 of the Revised	40166
Code, or a retired federal law enforcement officer who, prior to	40167
retirement, was authorized under federal law to carry a firearm in	40168
the course of duty, unless the retired peace officer, person, or	40169
federal law enforcement officer retired as the result of a mental	40170
disability.	40171

(d) The sheriff shall deposit all fees paid by an applicant	40172
under division (B)(1)(a) of this section into the sheriff's	40173
concealed handgun license issuance fund established pursuant to	40174
section 311.42 of the Revised Code. The county shall distribute	40175
the fees in accordance with section 311.42 of the Revised Code.	40176

(2) A color photograph of the applicant that was taken within	40177
thirty days prior to the date of the application;	40178

(3) One or more of the following competency certifications,	40179
each of which shall reflect that, regarding a certification	40180
described in division (B)(3)(a), (b), (c), (e), or (f) of this	40181
section, within the three years immediately preceding the	40182
application the applicant has performed that to which the	40183
competency certification relates and that, regarding a	40184
certification described in division (B)(3)(d) of this section, the	40185
applicant currently is an active or reserve member of the armed	40186
forces of the United States or within the six years immediately	40187
preceding the application the honorable discharge or retirement to	40188
which the competency certification relates occurred:	40189

(a) An original or photocopy of a certificate of completion	40190
of a firearms safety, training, or requalification or firearms	40191
safety instructor course, class, or program that was offered by or	40192
under the auspices of the national rifle association and that	40193
complies with the requirements set forth in division (G) of this	40194
section;	40195

(b) An original or photocopy of a certificate of completion	40196
of a firearms safety, training, or requalification or firearms	40197
safety instructor course, class, or program that satisfies all of	40198
the following criteria:	40199

(i) It was open to members of the general public.

40200

(ii) It utilized qualified instructors who were certified by	40201
the national rifle association, the executive director of the Ohio	40202
peace officer training commission pursuant to section 109.75 or	40203
109.78 of the Revised Code, or a governmental official or entity	40204
of another state.	40205

(iii) It was offered by or under the auspices of a law	40206
enforcement agency of this or another state or the United States,	40207
a public or private college, university, or other similar	40208
postsecondary educational institution located in this or another	40209
state, a firearms training school located in this or another	40210
state, or another type of public or private entity or organization	40211
located in this or another state.	40212

(iv) It complies with the requirements set forth in division	40213
(G) of this section.	40214

(c) An original or photocopy of a certificate of completion	40215
of a state, county, municipal, or department of natural resources	40216
peace officer training school that is approved by the executive	40217
director of the Ohio peace officer training commission pursuant to	40218
section 109.75 of the Revised Code and that complies with the	40219
requirements set forth in division (G) of this section, or the	40220
applicant has satisfactorily completed and been issued a	40221
certificate of completion of a basic firearms training program, a	40222
firearms requalification training program, or another basic	40223
training program described in section 109.78 or 109.801 of the	40224
Revised Code that complies with the requirements set forth in	40225
division (G) of this section;	40226

(d) A document that evidences both of the following:

40227

(i) That the applicant is an active or reserve member of the	40228
armed forces of the United States, was honorably discharged from	40229
military service in the active or reserve armed forces of the	40230
United States, is a retired trooper of the state highway patrol,	40231
or is a retired peace officer or federal law enforcement officer	40232
described in division (B)(1) of this section or a retired person	40233
described in division (B)(1)(b) of section 109.77 of the Revised	40234
Code and division (B)(1) of this section;	40235

(ii) That, through participation in the military service or	40236
through the former employment described in division (B)(3)(d)(i)	40237
of this section, the applicant acquired experience with handling	40238
handguns or other firearms, and the experience so acquired was	40239
equivalent to training that the applicant could have acquired in a	40240
course, class, or program described in division (B)(3)(a), (b), or	40241
(c) of this section.	40242

(e) A certificate or another similar document that evidences	40243
satisfactory completion of a firearms training, safety, or	40244
requalification or firearms safety instructor course, class, or	40245
program that is not otherwise described in division (B)(3)(a),	40246
(b), (c), or (d) of this section, that was conducted by an	40247
instructor who was certified by an official or entity of the	40248
government of this or another state or the United States or by the	40249
national rifle association, and that complies with the	40250
requirements set forth in division (G) of this section;	40251

(f) An affidavit that attests to the applicant's satisfactory	40252
completion of a course, class, or program described in division	40253
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	40254
by the applicant's instructor or an authorized representative of	40255
the entity that offered the course, class, or program or under	40256
whose auspices the course, class, or program was offered.	40257

(4) A certification by the applicant that the applicant has	40258
read the pamphlet prepared by the Ohio peace officer training	40259
commission pursuant to section 109.731 of the Revised Code that	40260
reviews firearms, dispute resolution, and use of deadly force	40261
matters.	40262

(5) A set of fingerprints of the applicant provided as	40263
described in section 311.41 of the Revised Code through use of an	40264
electronic fingerprint reading device or, if the sheriff to whom	40265
the application is submitted does not possess and does not have	40266
ready access to the use of such a reading device, on a standard	40267
impression sheet prescribed pursuant to division (C)(2) of section	40268
109.572 of the Revised Code.	40269

(C) Upon receipt of the completed application form,	40270
supporting documentation, and, if not waived, license fee of an	40271
applicant under this section, a sheriff, in the manner specified	40272
in section 311.41 of the Revised Code, shall conduct or cause to	40273
be conducted the criminal records check and the incompetency	40274
records check described in section 311.41 of the Revised Code.	40275

(D)(1) Except as provided in division (D)(3) or (4) of this	40276
section, within forty-five days after a sheriff's receipt of an	40277
applicant's completed application form for a concealed handgun	40278
license under this section, the supporting documentation, and, if	40279
not waived, the license fee, the sheriff shall make available	40280
through the law enforcement automated data system in accordance	40281
with division (H) of this section the information described in	40282
that division and, upon making the information available through	40283
the system, shall issue to the applicant a concealed handgun	40284
license that shall expire as described in division (D)(2)(a) of	40285
this section if all of the following apply:	40286

(a) The applicant is legally living in the United States, has	40287
been a resident of this state for at least forty-five days, and	40288
has been a resident of the county in which the person seeks the	40289
license or a county adjacent to the county in which the person	40290
seeks the license for at least thirty days. For purposes of	40291
division (D)(1)(a) of this section:	40292

(i) If a person is absent from the United States, from this	40293
state, or from a particular county in this state in compliance	40294
with military or naval orders as an active or reserve member of	40295
the armed forces of the United States and if prior to leaving this	40296
state in compliance with those orders the person was legally	40297
living in the United States and was a resident of this state, the	40298
person, solely by reason of that absence, shall not be considered	40299
to have lost the person's status as living in the United States or	40300
the person's residence in this state or in the county in which the	40301
person was a resident prior to leaving this state in compliance	40302
with those orders, without regard to whether or not the person	40303
intends to return to this state or to that county, shall not be	40304
considered to have acquired a residence in any other state, and	40305
shall not be considered to have become a resident of any other	40306
state.	40307

(ii) If a person is present in this state in compliance with	40308
military or naval orders as an active or reserve member of the	40309
armed forces of the United States for at least forty-five days,	40310
the person shall be considered to have been a resident of this	40311
state for that period of at least forty-five days, and, if a	40312
person is present in a county of this state in compliance with	40313
military or naval orders as an active or reserve member of the	40314
armed forces of the United States for at least thirty days, the	40315
person shall be considered to have been a resident of that county	40316
for that period of at least thirty days.	40317

(b) The applicant is at least twenty-one years of age.

40318

40319

(d) The applicant is not under indictment for or otherwise	40320
charged with a felony; an offense under Chapter 2925., 3719., or	40321
4729. of the Revised Code that involves the illegal possession,	40322
use, sale, administration, or distribution of or trafficking in a	40323
drug of abuse; a misdemeanor offense of violence; or a violation	40324
of section 2903.14 or 2923.1211 of the Revised Code.	40325

(e) Except as otherwise provided in division (D)(5) of this	40326
section, the applicant has not been convicted of or pleaded guilty	40327
to a felony or an offense under Chapter 2925., 3719., or 4729. of	40328
the Revised Code that involves the illegal possession, use, sale,	40329
administration, or distribution of or trafficking in a drug of	40330
abuse; has not been adjudicated a delinquent child for committing	40331
an act that if committed by an adult would be a felony or would be	40332
an offense under Chapter 2925., 3719., or 4729. of the Revised	40333
Code that involves the illegal possession, use, sale,	40334
administration, or distribution of or trafficking in a drug of	40335
abuse; and has not been convicted of, pleaded guilty to, or	40336
adjudicated a delinquent child for committing a violation of	40337
section 2903.13 of the Revised Code when the victim of the	40338
violation is a peace officer, regardless of whether the applicant	40339
was sentenced under division (C)~~(3)~~(4) of that section.	40340

(f) Except as otherwise provided in division (D)(5) of this	40341
section, the applicant, within three years of the date of the	40342
application, has not been convicted of or pleaded guilty to a	40343
misdemeanor offense of violence other than a misdemeanor violation	40344
of section 2921.33 of the Revised Code or a violation of section	40345
2903.13 of the Revised Code when the victim of the violation is a	40346
peace officer, or a misdemeanor violation of section 2923.1211 of	40347
the Revised Code; and has not been adjudicated a delinquent child	40348
for committing an act that if committed by an adult would be a	40349
misdemeanor offense of violence other than a misdemeanor violation	40350
of section 2921.33 of the Revised Code or a violation of section	40351
2903.13 of the Revised Code when the victim of the violation is a	40352
peace officer or for committing an act that if committed by an	40353
adult would be a misdemeanor violation of section 2923.1211 of the	40354
Revised Code.	40355

(g) Except as otherwise provided in division (D)(1)(e) of	40356
this section, the applicant, within five years of the date of the	40357
application, has not been convicted of, pleaded guilty to, or	40358
adjudicated a delinquent child for committing two or more	40359
violations of section 2903.13 or 2903.14 of the Revised Code.	40360

(h) Except as otherwise provided in division (D)(5) of this	40361
section, the applicant, within ten years of the date of the	40362
application, has not been convicted of, pleaded guilty to, or	40363
adjudicated a delinquent child for committing a violation of	40364
section 2921.33 of the Revised Code.	40365

(i) The applicant has not been adjudicated as a mental	40366
defective, has not been committed to any mental institution, is	40367
not under adjudication of mental incompetence, has not been found	40368
by a court to be a mentally ill person subject to hospitalization	40369
by court order, and is not an involuntary patient other than one	40370
who is a patient only for purposes of observation. As used in this	40371
division, "mentally ill person subject to hospitalization by court	40372
order" and "patient" have the same meanings as in section 5122.01	40373
of the Revised Code.	40374

(j) The applicant is not currently subject to a civil	40375
protection order, a temporary protection order, or a protection	40376
order issued by a court of another state.	40377

(k) The applicant certifies that the applicant desires a	40378
legal means to carry a concealed handgun for defense of the	40379
applicant or a member of the applicant's family while engaged in	40380
lawful activity.	40381

(l) The applicant submits a competency certification of the	40382
type described in division (B)(3) of this section and submits a	40383
certification of the type described in division (B)(4) of this	40384
section regarding the applicant's reading of the pamphlet prepared	40385
by the Ohio peace officer training commission pursuant to section	40386
109.731 of the Revised Code.	40387

(m) The applicant currently is not subject to a suspension	40388
imposed under division (A)(2) of section 2923.128 of the Revised	40389
Code of a concealed handgun license that previously was issued to	40390
the applicant under this section or section 2923.1213 of the	40391
Revised Code.	40392

(2)(a) A concealed handgun license that a sheriff issues	40393
under division (D)(1) of this section shall expire five years	40394
after the date of issuance.	40395

If a sheriff issues a license under this section, the sheriff	40396
shall place on the license a unique combination of letters and	40397
numbers identifying the license in accordance with the procedure	40398
prescribed by the Ohio peace officer training commission pursuant	40399
to section 109.731 of the Revised Code.	40400

(b) If a sheriff denies an application under this section	40401
because the applicant does not satisfy the criteria described in	40402
division (D)(1) of this section, the sheriff shall specify the	40403
grounds for the denial in a written notice to the applicant. The	40404
applicant may appeal the denial pursuant to section 119.12 of the	40405
Revised Code in the county served by the sheriff who denied the	40406
application. If the denial was as a result of the criminal records	40407
check conducted pursuant to section 311.41 of the Revised Code and	40408
if, pursuant to section 2923.127 of the Revised Code, the	40409
applicant challenges the criminal records check results using the	40410
appropriate challenge and review procedure specified in that	40411
section, the time for filing the appeal pursuant to section 119.12	40412
of the Revised Code and this division is tolled during the	40413
pendency of the request or the challenge and review. If the court	40414
in an appeal under section 119.12 of the Revised Code and this	40415
division enters a judgment sustaining the sheriff's refusal to	40416
grant to the applicant a concealed handgun license, the applicant	40417
may file a new application beginning one year after the judgment	40418
is entered. If the court enters a judgment in favor of the	40419
applicant, that judgment shall not restrict the authority of a	40420
sheriff to suspend or revoke the license pursuant to section	40421
2923.128 or 2923.1213 of the Revised Code or to refuse to renew	40422
the license for any proper cause that may occur after the date the	40423
judgment is entered. In the appeal, the court shall have full	40424
power to dispose of all costs.	40425

(3) If the sheriff with whom an application for a concealed	40426
handgun license was filed under this section becomes aware that	40427
the applicant has been arrested for or otherwise charged with an	40428
offense that would disqualify the applicant from holding the	40429
license, the sheriff shall suspend the processing of the	40430
application until the disposition of the case arising from the	40431
arrest or charge.	40432

(4) If the sheriff determines that the applicant is legally	40433
living in the United States and is a resident of the county in	40434
which the applicant seeks the license or of an adjacent county but	40435
does not yet meet the residency requirements described in division	40436
(D)(1)(a) of this section, the sheriff shall not deny the license	40437
because of the residency requirements but shall not issue the	40438
license until the applicant meets those residency requirements.	40439

(5) If an applicant has been convicted of or pleaded guilty	40440
to an offense identified in division (D)(1)(e), (f), or (h) of	40441
this section or has been adjudicated a delinquent child for	40442
committing an act or violation identified in any of those	40443
divisions, and if a court has ordered the sealing or expungement	40444
of the records of that conviction, guilty plea, or adjudication	40445
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to	40446
2953.36, or section 2953.37 of the Revised Code or a court has	40447
granted the applicant relief pursuant to section 2923.14 of the	40448
Revised Code from the disability imposed pursuant to section	40449
2923.13 of the Revised Code relative to that conviction, guilty	40450
plea, or adjudication, the sheriff with whom the application was	40451
submitted shall not consider the conviction, guilty plea, or	40452
adjudication in making a determination under division (D)(1) or	40453
(F) of this section or, in relation to an application for a	40454
concealed handgun license on a temporary emergency basis submitted	40455
under section 2923.1213 of the Revised Code, in making a	40456
determination under division (B)(2) of that section.	40457

(E) If a concealed handgun license issued under this section	40458
is lost or is destroyed, the licensee may obtain from the sheriff	40459
who issued that license a duplicate license upon the payment of a	40460
fee of fifteen dollars and the submission of an affidavit	40461
attesting to the loss or destruction of the license. The sheriff,	40462
in accordance with the procedures prescribed in section 109.731 of	40463
the Revised Code, shall place on the replacement license a	40464
combination of identifying numbers different from the combination	40465
on the license that is being replaced.	40466

(F)(1) A licensee who wishes to renew a concealed handgun	40467
license issued under this section shall do so not earlier than	40468
ninety days before the expiration date of the license or at any	40469
time after the expiration date of the license by filing with the	40470
sheriff of the county in which the applicant resides or with the	40471
sheriff of an adjacent county an application for renewal of the	40472
license obtained pursuant to division (D) of this section, a	40473
certification by the applicant that, subsequent to the issuance of	40474
the license, the applicant has reread the pamphlet prepared by the	40475
Ohio peace officer training commission pursuant to section 109.731	40476
of the Revised Code that reviews firearms, dispute resolution, and	40477
use of deadly force matters, and a nonrefundable license renewal	40478
fee in an amount determined pursuant to division (F)(4) of this	40479
section unless the fee is waived.	40480

(2) A sheriff shall accept a completed renewal application,	40481
the license renewal fee, and the information specified in division	40482
(F)(1) of this section at the times and in the manners described	40483
in division (I) of this section. Upon receipt of a completed	40484
renewal application, of certification that the applicant has	40485
reread the specified pamphlet prepared by the Ohio peace officer	40486
training commission, and of a license renewal fee unless the fee	40487
is waived, a sheriff, in the manner specified in section 311.41 of	40488
the Revised Code shall conduct or cause to be conducted the	40489
criminal records check and the incompetency records check	40490
described in section 311.41 of the Revised Code. The sheriff shall	40491
renew the license if the sheriff determines that the applicant	40492
continues to satisfy the requirements described in division (D)(1)	40493
of this section, except that the applicant is not required to meet	40494
the requirements of division (D)(1)(l) of this section. A renewed	40495
license shall expire five years after the date of issuance. A	40496
renewed license is subject to division (E) of this section and	40497
sections 2923.126 and 2923.128 of the Revised Code. A sheriff	40498
shall comply with divisions (D)(2) to (4) of this section when the	40499
circumstances described in those divisions apply to a requested	40500
license renewal. If a sheriff denies the renewal of a concealed	40501
handgun license, the applicant may appeal the denial, or challenge	40502
the criminal record check results that were the basis of the	40503
denial if applicable, in the same manner as specified in division	40504
(D)(2)(b) of this section and in section 2923.127 of the Revised	40505
Code, regarding the denial of a license under this section.	40506

(3) A renewal application submitted pursuant to division (F)	40507
of this section shall only require the licensee to list on the	40508
application form information and matters occurring since the date	40509
of the licensee's last application for a license pursuant to	40510
division (B) or (F) of this section. A sheriff conducting the	40511
criminal records check and the incompetency records check	40512
described in section 311.41 of the Revised Code shall conduct the	40513
check only from the date of the licensee's last application for a	40514
license pursuant to division (B) or (F) of this section through	40515
the date of the renewal application submitted pursuant to division	40516
(F) of this section.	40517

(4) An applicant for a renewal concealed handgun license	40518
under this section shall submit to the sheriff of the county in	40519
which the applicant resides or to the sheriff of any county	40520
adjacent to the county in which the applicant resides a	40521
nonrefundable license fee as described in either of the following:	40522

(a) For an applicant who has been a resident of this state	40523
for five or more years, a fee of fifty dollars;	40524

(b) For an applicant who has been a resident of this state	40525
for less than five years, a fee of fifty dollars plus the actual	40526
cost of having a background check performed by the federal bureau	40527
of investigation.	40528

(G)(1) Each course, class, or program described in division	40529
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	40530
person who takes the course, class, or program the web site	40531
address at which the pamphlet prepared by the Ohio peace officer	40532
training commission pursuant to section 109.731 of the Revised	40533
Code that reviews firearms, dispute resolution, and use of deadly	40534
force matters may be found. Each such course, class, or program	40535
described in one of those divisions shall include at least twelve	40536
hours of training in the safe handling and use of a firearm that	40537
shall include all of the following:	40538

(a) At least ten hours of training on the following matters:

40539

(i) The ability to name, explain, and demonstrate the rules	40540
for safe handling of a handgun and proper storage practices for	40541
handguns and ammunition;	40542

(ii) The ability to demonstrate and explain how to handle	40543
ammunition in a safe manner;	40544

(iii) The ability to demonstrate the knowledge, skills, and	40545
attitude necessary to shoot a handgun in a safe manner;	40546

(iv) Gun handling training.

40547

(b) At least two hours of training that consists of range	40548
time and live-fire training.	40549

(2) To satisfactorily complete the course, class, or program	40550
described in division (B)(3)(a), (b), (c), or (e) of this section,	40551
the applicant shall pass a competency examination that shall	40552
include both of the following:	40553

(a) A written section on the ability to name and explain the	40554
rules for the safe handling of a handgun and proper storage	40555
practices for handguns and ammunition;	40556

(b) A physical demonstration of competence in the use of a	40557
handgun and in the rules for safe handling and storage of a	40558
handgun and a physical demonstration of the attitude necessary to	40559
shoot a handgun in a safe manner.	40560

(3) The competency certification described in division	40561
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	40562
shall attest that the course, class, or program the applicant	40563
successfully completed met the requirements described in division	40564
(G)(1) of this section and that the applicant passed the	40565
competency examination described in division (G)(2) of this	40566
section.	40567

(H) Upon deciding to issue a concealed handgun license,	40568
deciding to issue a replacement concealed handgun license, or	40569
deciding to renew a concealed handgun license pursuant to this	40570
section, and before actually issuing or renewing the license, the	40571
sheriff shall make available through the law enforcement automated	40572
data system all information contained on the license. If the	40573
license subsequently is suspended under division (A)(1) or (2) of	40574
section 2923.128 of the Revised Code, revoked pursuant to division	40575
(B)(1) of section 2923.128 of the Revised Code, or lost or	40576
destroyed, the sheriff also shall make available through the law	40577
enforcement automated data system a notation of that fact. The	40578
superintendent of the state highway patrol shall ensure that the	40579
law enforcement automated data system is so configured as to	40580
permit the transmission through the system of the information	40581
specified in this division.	40582

(I) A sheriff shall accept a completed application form or	40583
renewal application, and the fee, items, materials, and	40584
information specified in divisions (B)(1) to (5) or division (F)	40585
of this section, whichever is applicable, and shall provide an	40586
application form or renewal application to any person during at	40587
least fifteen hours a week and shall provide the web site address	40588
at which the pamphlet described in division (B) of section 109.731	40589
of the Revised Code may be found at any time, upon request. The	40590
sheriff shall post notice of the hours during which the sheriff is	40591
available to accept or provide the information described in this	40592
division.	40593

Sec. 2923.126. (A) A concealed handgun license that is	40594
issued under section 2923.125 of the Revised Code shall expire	40595
five years after the date of issuance. A licensee who has been	40596
issued a license under that section shall be granted a grace	40597
period of thirty days after the licensee's license expires during	40598
which the licensee's license remains valid. Except as provided in	40599
divisions (B) and (C) of this section, a licensee who has been	40600
issued a concealed handgun license under section 2923.125 or	40601
2923.1213 of the Revised Code may carry a concealed handgun	40602
anywhere in this state if the licensee also carries a valid	40603
license and valid identification when the licensee is in actual	40604
possession of a concealed handgun. The licensee shall give notice	40605
of any change in the licensee's residence address to the sheriff	40606
who issued the license within forty-five days after that change.	40607

If a licensee is the driver or an occupant of a motor vehicle	40608
that is stopped as the result of a traffic stop or a stop for	40609
another law enforcement purpose and if the licensee is	40610
transporting or has a loaded handgun in the motor vehicle at that	40611
time, the licensee shall promptly inform any law enforcement	40612
officer who approaches the vehicle while stopped that the licensee	40613
has been issued a concealed handgun license and that the licensee	40614
currently possesses or has a loaded handgun; the licensee shall	40615
not knowingly disregard or fail to comply with lawful orders of a	40616
law enforcement officer given while the motor vehicle is stopped,	40617
knowingly fail to remain in the motor vehicle while stopped, or	40618
knowingly fail to keep the licensee's hands in plain sight after	40619
any law enforcement officer begins approaching the licensee while	40620
stopped and before the officer leaves, unless directed otherwise	40621
by a law enforcement officer; and the licensee shall not knowingly	40622
have contact with the loaded handgun by touching it with the	40623
licensee's hands or fingers, in any manner in violation of	40624
division (E) of section 2923.16 of the Revised Code, after any law	40625
enforcement officer begins approaching the licensee while stopped	40626
and before the officer leaves. Additionally, if a licensee is the	40627
driver or an occupant of a commercial motor vehicle that is	40628
stopped by an employee of the motor carrier enforcement unit for	40629
the purposes defined in section 5503.04 of the Revised Code and if	40630
the licensee is transporting or has a loaded handgun in the	40631
commercial motor vehicle at that time, the licensee shall promptly	40632
inform the employee of the unit who approaches the vehicle while	40633
stopped that the licensee has been issued a concealed handgun	40634
license and that the licensee currently possesses or has a loaded	40635
handgun.	40636

If a licensee is stopped for a law enforcement purpose and if	40637
the licensee is carrying a concealed handgun at the time the	40638
officer approaches, the licensee shall promptly inform any law	40639
enforcement officer who approaches the licensee while stopped that	40640
the licensee has been issued a concealed handgun license and that	40641
the licensee currently is carrying a concealed handgun; the	40642
licensee shall not knowingly disregard or fail to comply with	40643
lawful orders of a law enforcement officer given while the	40644
licensee is stopped or knowingly fail to keep the licensee's hands	40645
in plain sight after any law enforcement officer begins	40646
approaching the licensee while stopped and before the officer	40647
leaves, unless directed otherwise by a law enforcement officer;	40648
and the licensee shall not knowingly remove, attempt to remove,	40649
grasp, or hold the loaded handgun or knowingly have contact with	40650
the loaded handgun by touching it with the licensee's hands or	40651
fingers, in any manner in violation of division (B) of section	40652
2923.12 of the Revised Code, after any law enforcement officer	40653
begins approaching the licensee while stopped and before the	40654
officer leaves.	40655

(B) A valid concealed handgun license does not authorize the	40656
licensee to carry a concealed handgun in any manner prohibited	40657
under division (B) of section 2923.12 of the Revised Code or in	40658
any manner prohibited under section 2923.16 of the Revised Code. A	40659
valid license does not authorize the licensee to carry a concealed	40660
handgun into any of the following places:	40661

(1) A police station, sheriff's office, or state highway	40662
patrol station, premises controlled by the bureau of criminal	40663
identification and investigation, a state correctional	40664
institution, jail, workhouse, or other detention facility, an	40665
airport passenger terminal, or an institution that is maintained,	40666
operated, managed, and governed pursuant to division (A) of	40667
section ~~5119.02~~5119.14 of the Revised Code or division (A)(1) of	40668
section 5123.03 of the Revised Code;	40669

(2) A school safety zone if the licensee's carrying the	40670
concealed handgun is in violation of section 2923.122 of the	40671
Revised Code;	40672

(3) A courthouse or another building or structure in which a	40673
courtroom is located, in violation of section 2923.123 of the	40674
Revised Code;	40675

(4) Any premises or open air arena for which a D permit has	40676
been issued under Chapter 4303. of the Revised Code if the	40677
licensee's carrying the concealed handgun is in violation of	40678
section 2923.121 of the Revised Code;	40679

(5) Any premises owned or leased by any public or private	40680
college, university, or other institution of higher education,	40681
unless the handgun is in a locked motor vehicle or the licensee is	40682
in the immediate process of placing the handgun in a locked motor	40683
vehicle;	40684

(6) Any church, synagogue, mosque, or other place of worship,	40685
unless the church, synagogue, mosque, or other place of worship	40686
posts or permits otherwise;	40687

(7) A child day-care center, a type A family day-care home, a	40688
type B family day-care home, or a type C family day-care home,	40689
except that this division does not prohibit a licensee who resides	40690
in a type A family day-care home, a type B family day-care home,	40691
or a type C family day-care home from carrying a concealed handgun	40692
at any time in any part of the home that is not dedicated or used	40693
for day-care purposes, or from carrying a concealed handgun in a	40694
part of the home that is dedicated or used for day-care purposes	40695
at any time during which no children, other than children of that	40696
licensee, are in the home;	40697

(8) An aircraft that is in, or intended for operation in,	40698
foreign air transportation, interstate air transportation,	40699
intrastate air transportation, or the transportation of mail by	40700
aircraft;	40701

(9) Any building that is a government facility of this state	40702
or a political subdivision of this state and that is not a	40703
building that is used primarily as a shelter, restroom, parking	40704
facility for motor vehicles, or rest facility and is not a	40705
courthouse or other building or structure in which a courtroom is	40706
located that is subject to division (B)(3) of this section;	40707

(10) A place in which federal law prohibits the carrying of	40708
handguns.	40709

(C)(1) Nothing in this section shall negate or restrict a	40710
rule, policy, or practice of a private employer that is not a	40711
private college, university, or other institution of higher	40712
education concerning or prohibiting the presence of firearms on	40713
the private employer's premises or property, including motor	40714
vehicles owned by the private employer. Nothing in this section	40715
shall require a private employer of that nature to adopt a rule,	40716
policy, or practice concerning or prohibiting the presence of	40717
firearms on the private employer's premises or property, including	40718
motor vehicles owned by the private employer.	40719

(2)(a) A private employer shall be immune from liability in a	40720
civil action for any injury, death, or loss to person or property	40721
that allegedly was caused by or related to a licensee bringing a	40722
handgun onto the premises or property of the private employer,	40723
including motor vehicles owned by the private employer, unless the	40724
private employer acted with malicious purpose. A private employer	40725
is immune from liability in a civil action for any injury, death,	40726
or loss to person or property that allegedly was caused by or	40727
related to the private employer's decision to permit a licensee to	40728
bring, or prohibit a licensee from bringing, a handgun onto the	40729
premises or property of the private employer. As used in this	40730
division, "private employer" includes a private college,	40731
university, or other institution of higher education.	40732

(b) A political subdivision shall be immune from liability in	40733
a civil action, to the extent and in the manner provided in	40734
Chapter 2744. of the Revised Code, for any injury, death, or loss	40735
to person or property that allegedly was caused by or related to a	40736
licensee bringing a handgun onto any premises or property owned,	40737
leased, or otherwise under the control of the political	40738
subdivision. As used in this division, "political subdivision" has	40739
the same meaning as in section 2744.01 of the Revised Code.	40740

(3)(a) Except as provided in division (C)(3)(b) of this	40741
section, the owner or person in control of private land or	40742
premises, and a private person or entity leasing land or premises	40743
owned by the state, the United States, or a political subdivision	40744
of the state or the United States, may post a sign in a	40745
conspicuous location on that land or on those premises prohibiting	40746
persons from carrying firearms or concealed firearms on or onto	40747
that land or those premises. Except as otherwise provided in this	40748
division, a person who knowingly violates a posted prohibition of	40749
that nature is guilty of criminal trespass in violation of	40750
division (A)(4) of section 2911.21 of the Revised Code and is	40751
guilty of a misdemeanor of the fourth degree. If a person	40752
knowingly violates a posted prohibition of that nature and the	40753
posted land or premises primarily was a parking lot or other	40754
parking facility, the person is not guilty of criminal trespass in	40755
violation of division (A)(4) of section 2911.21 of the Revised	40756
Code and instead is subject only to a civil cause of action for	40757
trespass based on the violation.	40758

(b) A landlord may not prohibit or restrict a tenant who is a	40759
licensee and who on or after September 9, 2008, enters into a	40760
rental agreement with the landlord for the use of residential	40761
premises, and the tenant's guest while the tenant is present, from	40762
lawfully carrying or possessing a handgun on those residential	40763
premises.	40764

40765

(i) "Residential premises" has the same meaning as in section	40766
5321.01 of the Revised Code, except "residential premises" does	40767
not include a dwelling unit that is owned or operated by a college	40768
or university.	40769

(ii) "Landlord," "tenant," and "rental agreement" have the	40770
same meanings as in section 5321.01 of the Revised Code.	40771

(D) A person who holds a concealed handgun license issued by	40772
another state that is recognized by the attorney general pursuant	40773
to a reciprocity agreement entered into pursuant to section 109.69	40774
of the Revised Code has the same right to carry a concealed	40775
handgun in this state as a person who was issued a concealed	40776
handgun license under section 2923.125 of the Revised Code and is	40777
subject to the same restrictions that apply to a person who	40778
carries a license issued under that section.	40779

(E) A peace officer has the same right to carry a concealed	40780
handgun in this state as a person who was issued a concealed	40781
handgun license under section 2923.125 of the Revised Code. For	40782
purposes of reciprocity with other states, a peace officer shall	40783
be considered to be a licensee in this state.	40784

(F)(1) A qualified retired peace officer who possesses a	40785
retired peace officer identification card issued pursuant to	40786
division (F)(2) of this section and a valid firearms	40787
requalification certification issued pursuant to division (F)(3)	40788
of this section has the same right to carry a concealed handgun in	40789
this state as a person who was issued a concealed handgun license	40790
under section 2923.125 of the Revised Code and is subject to the	40791
same restrictions that apply to a person who carries a license	40792
issued under that section. For purposes of reciprocity with other	40793
states, a qualified retired peace officer who possesses a retired	40794
peace officer identification card issued pursuant to division	40795
(F)(2) of this section and a valid firearms requalification	40796
certification issued pursuant to division (F)(3) of this section	40797
shall be considered to be a licensee in this state.	40798

(2)(a) Each public agency of this state or of a political	40799
subdivision of this state that is served by one or more peace	40800
officers shall issue a retired peace officer identification card	40801
to any person who retired from service as a peace officer with	40802
that agency, if the issuance is in accordance with the agency's	40803
policies and procedures and if the person, with respect to the	40804
person's service with that agency, satisfies all of the following:	40805

(i) The person retired in good standing from service as a	40806
peace officer with the public agency, and the retirement was not	40807
for reasons of mental instability.	40808

(ii) Before retiring from service as a peace officer with	40809
that agency, the person was authorized to engage in or supervise	40810
the prevention, detection, investigation, or prosecution of, or	40811
the incarceration of any person for, any violation of law and the	40812
person had statutory powers of arrest.	40813

(iii) At the time of the person's retirement as a peace	40814
officer with that agency, the person was trained and qualified to	40815
carry firearms in the performance of the peace officer's duties.	40816

(iv) Before retiring from service as a peace officer with	40817
that agency, the person was regularly employed as a peace officer	40818
for an aggregate of fifteen years or more, or, in the alternative,	40819
the person retired from service as a peace officer with that	40820
agency, after completing any applicable probationary period of	40821
that service, due to a service-connected disability, as determined	40822
by the agency.	40823

(b) A retired peace officer identification card issued to a	40824
person under division (F)(2)(a) of this section shall identify the	40825
person by name, contain a photograph of the person, identify the	40826
public agency of this state or of the political subdivision of	40827
this state from which the person retired as a peace officer and	40828
that is issuing the identification card, and specify that the	40829
person retired in good standing from service as a peace officer	40830
with the issuing public agency and satisfies the criteria set	40831
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	40832
addition to the required content specified in this division, a	40833
retired peace officer identification card issued to a person under	40834
division (F)(2)(a) of this section may include the firearms	40835
requalification certification described in division (F)(3) of this	40836
section, and if the identification card includes that	40837
certification, the identification card shall serve as the firearms	40838
requalification certification for the retired peace officer. If	40839
the issuing public agency issues credentials to active law	40840
enforcement officers who serve the agency, the agency may comply	40841
with division (F)(2)(a) of this section by issuing the same	40842
credentials to persons who retired from service as a peace officer	40843
with the agency and who satisfy the criteria set forth in	40844
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	40845
credentials so issued to retired peace officers are stamped with	40846
the word "RETIRED."	40847

(c) A public agency of this state or of a political	40848
subdivision of this state may charge persons who retired from	40849
service as a peace officer with the agency a reasonable fee for	40850
issuing to the person a retired peace officer identification card	40851
pursuant to division (F)(2)(a) of this section.	40852

(3) If a person retired from service as a peace officer with	40853
a public agency of this state or of a political subdivision of	40854
this state and the person satisfies the criteria set forth in	40855
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	40856
may provide the retired peace officer with the opportunity to	40857
attend a firearms requalification program that is approved for	40858
purposes of firearms requalification required under section	40859
109.801 of the Revised Code. The retired peace officer may be	40860
required to pay the cost of the course.	40861

If a retired peace officer who satisfies the criteria set	40862
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	40863
firearms requalification program that is approved for purposes of	40864
firearms requalification required under section 109.801 of the	40865
Revised Code, the retired peace officer's successful completion of	40866
the firearms requalification program requalifies the retired peace	40867
officer for purposes of division (F) of this section for five	40868
years from the date on which the program was successfully	40869
completed, and the requalification is valid during that five-year	40870
period. If a retired peace officer who satisfies the criteria set	40871
forth in divisions (F)(2)(a)(i) to (iv) of this section	40872
satisfactorily completes such a firearms requalification program,	40873
the retired peace officer shall be issued a firearms	40874
requalification certification that identifies the retired peace	40875
officer by name, identifies the entity that taught the program,	40876
specifies that the retired peace officer successfully completed	40877
the program, specifies the date on which the course was	40878
successfully completed, and specifies that the requalification is	40879
valid for five years from that date of successful completion. The	40880
firearms requalification certification for a retired peace officer	40881
may be included in the retired peace officer identification card	40882
issued to the retired peace officer under division (F)(2) of this	40883
section.	40884

A retired peace officer who attends a firearms	40885
requalification program that is approved for purposes of firearms	40886
requalification required under section 109.801 of the Revised Code	40887
may be required to pay the cost of the program.	40888

(G) As used in this section:

40889

(1) "Qualified retired peace officer" means a person who	40890
satisfies all of the following:	40891

(a) The person satisfies the criteria set forth in divisions	40892
(F)(2)(a)(i) to (v) of this section.	40893

(b) The person is not under the influence of alcohol or	40894
another intoxicating or hallucinatory drug or substance.	40895

(c) The person is not prohibited by federal law from	40896
receiving firearms.	40897

(2) "Retired peace officer identification card" means an	40898
identification card that is issued pursuant to division (F)(2) of	40899
this section to a person who is a retired peace officer.	40900

(3) "Government facility of this state or a political	40901
subdivision of this state" means any of the following:	40902

(a) A building or part of a building that is owned or leased	40903
by the government of this state or a political subdivision of this	40904
state and where employees of the government of this state or the	40905
political subdivision regularly are present for the purpose of	40906
performing their official duties as employees of the state or	40907
political subdivision;	40908

(b) The office of a deputy registrar serving pursuant to	40909
Chapter 4503. of the Revised Code that is used to perform deputy	40910
registrar functions.	40911

Sec. 2925.03. (A) No person shall knowingly do any of the	40912
following:	40913

(1) Sell or offer to sell a controlled substance or a	40914
controlled substance analog;	40915

(2) Prepare for shipment, ship, transport, deliver, prepare	40916
for distribution, or distribute a controlled substance or a	40917
controlled substance analog, when the offender knows or has	40918
reasonable cause to believe that the controlled substance or a	40919
controlled substance analog is intended for sale or resale by the	40920
offender or another person.	40921

(B) This section does not apply to any of the following:

40922

(1) Manufacturers, licensed health professionals authorized	40923
to prescribe drugs, pharmacists, owners of pharmacies, and other	40924
persons whose conduct is in accordance with Chapters 3719., 4715.,	40925
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	40926

(2) If the offense involves an anabolic steroid, any person	40927
who is conducting or participating in a research project involving	40928
the use of an anabolic steroid if the project has been approved by	40929
the United States food and drug administration;	40930

(3) Any person who sells, offers for sale, prescribes,	40931
dispenses, or administers for livestock or other nonhuman species	40932
an anabolic steroid that is expressly intended for administration	40933
through implants to livestock or other nonhuman species and	40934
approved for that purpose under the "Federal Food, Drug, and	40935
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	40936
and is sold, offered for sale, prescribed, dispensed, or	40937
administered for that purpose in accordance with that act.	40938

(C) Whoever violates division (A) of this section is guilty	40939
of one of the following:	40940

(1) If the drug involved in the violation is any compound,	40941
mixture, preparation, or substance included in schedule I or	40942
schedule II, with the exception of marihuana, cocaine, L.S.D.,	40943
heroin, hashish, and controlled substance analogs, whoever	40944
violates division (A) of this section is guilty of aggravated	40945
trafficking in drugs. The penalty for the offense shall be	40946
determined as follows:	40947

(a) Except as otherwise provided in division (C)(1)(b), (c),	40948
(d), (e), or (f) of this section, aggravated trafficking in drugs	40949
is a felony of the fourth degree, and division (C) of section	40950
2929.13 of the Revised Code applies in determining whether to	40951
impose a prison term on the offender.	40952

(b) Except as otherwise provided in division (C)(1)(c), (d),	40953
(e), or (f) of this section, if the offense was committed in the	40954
vicinity of a school or in the vicinity of a juvenile, aggravated	40955
trafficking in drugs is a felony of the third degree, and division	40956
(C) of section 2929.13 of the Revised Code applies in determining	40957
whether to impose a prison term on the offender.	40958

(c) Except as otherwise provided in this division, if the	40959
amount of the drug involved equals or exceeds the bulk amount but	40960
is less than five times the bulk amount, aggravated trafficking in	40961
drugs is a felony of the third degree, and, except as otherwise	40962
provided in this division, there is a presumption for a prison	40963
term for the offense. If aggravated trafficking in drugs is a	40964
felony of the third degree under this division and if the offender	40965
two or more times previously has been convicted of or pleaded	40966
guilty to a felony drug abuse offense, the court shall impose as a	40967
mandatory prison term one of the prison terms prescribed for a	40968
felony of the third degree. If the amount of the drug involved is	40969
within that range and if the offense was committed in the vicinity	40970
of a school or in the vicinity of a juvenile, aggravated	40971
trafficking in drugs is a felony of the second degree, and the	40972
court shall impose as a mandatory prison term one of the prison	40973
terms prescribed for a felony of the second degree.	40974

(d) Except as otherwise provided in this division, if the	40975
amount of the drug involved equals or exceeds five times the bulk	40976
amount but is less than fifty times the bulk amount, aggravated	40977
trafficking in drugs is a felony of the second degree, and the	40978
court shall impose as a mandatory prison term one of the prison	40979
terms prescribed for a felony of the second degree. If the amount	40980
of the drug involved is within that range and if the offense was	40981
committed in the vicinity of a school or in the vicinity of a	40982
juvenile, aggravated trafficking in drugs is a felony of the first	40983
degree, and the court shall impose as a mandatory prison term one	40984
of the prison terms prescribed for a felony of the first degree.	40985

(e) If the amount of the drug involved equals or exceeds	40986
fifty times the bulk amount but is less than one hundred times the	40987
bulk amount and regardless of whether the offense was committed in	40988
the vicinity of a school or in the vicinity of a juvenile,	40989
aggravated trafficking in drugs is a felony of the first degree,	40990
and the court shall impose as a mandatory prison term one of the	40991
prison terms prescribed for a felony of the first degree.	40992

(f) If the amount of the drug involved equals or exceeds one	40993
hundred times the bulk amount and regardless of whether the	40994
offense was committed in the vicinity of a school or in the	40995
vicinity of a juvenile, aggravated trafficking in drugs is a	40996
felony of the first degree, the offender is a major drug offender,	40997
and the court shall impose as a mandatory prison term the maximum	40998
prison term prescribed for a felony of the first degree.	40999

(2) If the drug involved in the violation is any compound,	41000
mixture, preparation, or substance included in schedule III, IV,	41001
or V, whoever violates division (A) of this section is guilty of	41002
trafficking in drugs. The penalty for the offense shall be	41003
determined as follows:	41004

(a) Except as otherwise provided in division (C)(2)(b), (c),	41005
(d), or (e) of this section, trafficking in drugs is a felony of	41006
the fifth degree, and division (B) of section 2929.13 of the	41007
Revised Code applies in determining whether to impose a prison	41008
term on the offender.	41009

(b) Except as otherwise provided in division (C)(2)(c), (d),	41010
or (e) of this section, if the offense was committed in the	41011
vicinity of a school or in the vicinity of a juvenile, trafficking	41012
in drugs is a felony of the fourth degree, and division (C) of	41013
section 2929.13 of the Revised Code applies in determining whether	41014
to impose a prison term on the offender.	41015

(c) Except as otherwise provided in this division, if the	41016
amount of the drug involved equals or exceeds the bulk amount but	41017
is less than five times the bulk amount, trafficking in drugs is a	41018
felony of the fourth degree, and division (B) of section 2929.13	41019
of the Revised Code applies in determining whether to impose a	41020
prison term for the offense. If the amount of the drug involved is	41021
within that range and if the offense was committed in the vicinity	41022
of a school or in the vicinity of a juvenile, trafficking in drugs	41023
is a felony of the third degree, and there is a presumption for a	41024
prison term for the offense.	41025

(d) Except as otherwise provided in this division, if the	41026
amount of the drug involved equals or exceeds five times the bulk	41027
amount but is less than fifty times the bulk amount, trafficking	41028
in drugs is a felony of the third degree, and there is a	41029
presumption for a prison term for the offense. If the amount of	41030
the drug involved is within that range and if the offense was	41031
committed in the vicinity of a school or in the vicinity of a	41032
juvenile, trafficking in drugs is a felony of the second degree,	41033
and there is a presumption for a prison term for the offense.	41034

(e) Except as otherwise provided in this division, if the	41035
amount of the drug involved equals or exceeds fifty times the bulk	41036
amount, trafficking in drugs is a felony of the second degree, and	41037
the court shall impose as a mandatory prison term one of the	41038
prison terms prescribed for a felony of the second degree. If the	41039
amount of the drug involved equals or exceeds fifty times the bulk	41040
amount and if the offense was committed in the vicinity of a	41041
school or in the vicinity of a juvenile, trafficking in drugs is a	41042
felony of the first degree, and the court shall impose as a	41043
mandatory prison term one of the prison terms prescribed for a	41044
felony of the first degree.	41045

(3) If the drug involved in the violation is marihuana or a	41046
compound, mixture, preparation, or substance containing marihuana	41047
other than hashish, whoever violates division (A) of this section	41048
is guilty of trafficking in marihuana. The penalty for the offense	41049
shall be determined as follows:	41050

(a) Except as otherwise provided in division (C)(3)(b), (c),	41051
(d), (e), (f), (g), or (h) of this section, trafficking in	41052
marihuana is a felony of the fifth degree, and division (B) of	41053
section 2929.13 of the Revised Code applies in determining whether	41054
to impose a prison term on the offender.	41055

(b) Except as otherwise provided in division (C)(3)(c), (d),	41056
(e), (f), (g), or (h) of this section, if the offense was	41057
committed in the vicinity of a school or in the vicinity of a	41058
juvenile, trafficking in marihuana is a felony of the fourth	41059
degree, and division (B) of section 2929.13 of the Revised Code	41060
applies in determining whether to impose a prison term on the	41061
offender.	41062

(c) Except as otherwise provided in this division, if the	41063
amount of the drug involved equals or exceeds two hundred grams	41064
but is less than one thousand grams, trafficking in marihuana is a	41065
felony of the fourth degree, and division (B) of section 2929.13	41066
of the Revised Code applies in determining whether to impose a	41067
prison term on the offender. If the amount of the drug involved is	41068
within that range and if the offense was committed in the vicinity	41069
of a school or in the vicinity of a juvenile, trafficking in	41070
marihuana is a felony of the third degree, and division (C) of	41071
section 2929.13 of the Revised Code applies in determining whether	41072
to impose a prison term on the offender.	41073

(d) Except as otherwise provided in this division, if the	41074
amount of the drug involved equals or exceeds one thousand grams	41075
but is less than five thousand grams, trafficking in marihuana is	41076
a felony of the third degree, and division (C) of section 2929.13	41077
of the Revised Code applies in determining whether to impose a	41078
prison term on the offender. If the amount of the drug involved is	41079
within that range and if the offense was committed in the vicinity	41080
of a school or in the vicinity of a juvenile, trafficking in	41081
marihuana is a felony of the second degree, and there is a	41082
presumption that a prison term shall be imposed for the offense.	41083

(e) Except as otherwise provided in this division, if the	41084
amount of the drug involved equals or exceeds five thousand grams	41085
but is less than twenty thousand grams, trafficking in marihuana	41086
is a felony of the third degree, and there is a presumption that a	41087
prison term shall be imposed for the offense. If the amount of the	41088
drug involved is within that range and if the offense was	41089
committed in the vicinity of a school or in the vicinity of a	41090
juvenile, trafficking in marihuana is a felony of the second	41091
degree, and there is a presumption that a prison term shall be	41092
imposed for the offense.	41093

(f) Except as otherwise provided in this division, if the	41094
amount of the drug involved equals or exceeds twenty thousand	41095
grams but is less than forty thousand grams, trafficking in	41096
marihuana is a felony of the second degree, and the court shall	41097
impose a mandatory prison term of five, six, seven, or eight	41098
years. If the amount of the drug involved is within that range and	41099
if the offense was committed in the vicinity of a school or in the	41100
vicinity of a juvenile, trafficking in marihuana is a felony of	41101
the first degree, and the court shall impose as a mandatory prison	41102
term the maximum prison term prescribed for a felony of the first	41103
degree.	41104

(g) Except as otherwise provided in this division, if the	41105
amount of the drug involved equals or exceeds forty thousand	41106
grams, trafficking in marihuana is a felony of the second degree,	41107
and the court shall impose as a mandatory prison term the maximum	41108
prison term prescribed for a felony of the second degree. If the	41109
amount of the drug involved equals or exceeds forty thousand grams	41110
and if the offense was committed in the vicinity of a school or in	41111
the vicinity of a juvenile, trafficking in marihuana is a felony	41112
of the first degree, and the court shall impose as a mandatory	41113
prison term the maximum prison term prescribed for a felony of the	41114
first degree.	41115

(h) Except as otherwise provided in this division, if the	41116
offense involves a gift of twenty grams or less of marihuana,	41117
trafficking in marihuana is a minor misdemeanor upon a first	41118
offense and a misdemeanor of the third degree upon a subsequent	41119
offense. If the offense involves a gift of twenty grams or less of	41120
marihuana and if the offense was committed in the vicinity of a	41121
school or in the vicinity of a juvenile, trafficking in marihuana	41122
is a misdemeanor of the third degree.	41123

(4) If the drug involved in the violation is cocaine or a	41124
compound, mixture, preparation, or substance containing cocaine,	41125
whoever violates division (A) of this section is guilty of	41126
trafficking in cocaine. The penalty for the offense shall be	41127
determined as follows:	41128

(a) Except as otherwise provided in division (C)(4)(b), (c),	41129
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	41130
felony of the fifth degree, and division (B) of section 2929.13 of	41131
the Revised Code applies in determining whether to impose a prison	41132
term on the offender.	41133

(b) Except as otherwise provided in division (C)(4)(c), (d),	41134
(e), (f), or (g) of this section, if the offense was committed in	41135
the vicinity of a school or in the vicinity of a juvenile,	41136
trafficking in cocaine is a felony of the fourth degree, and	41137
division (C) of section 2929.13 of the Revised Code applies in	41138
determining whether to impose a prison term on the offender.	41139

(c) Except as otherwise provided in this division, if the	41140
amount of the drug involved equals or exceeds five grams but is	41141
less than ten grams of cocaine, trafficking in cocaine is a felony	41142
of the fourth degree, and division (B) of section 2929.13 of the	41143
Revised Code applies in determining whether to impose a prison	41144
term for the offense. If the amount of the drug involved is within	41145
that range and if the offense was committed in the vicinity of a	41146
school or in the vicinity of a juvenile, trafficking in cocaine is	41147
a felony of the third degree, and there is a presumption for a	41148
prison term for the offense.	41149

(d) Except as otherwise provided in this division, if the	41150
amount of the drug involved equals or exceeds ten grams but is	41151
less than twenty grams of cocaine, trafficking in cocaine is a	41152
felony of the third degree, and, except as otherwise provided in	41153
this division, there is a presumption for a prison term for the	41154
offense. If trafficking in cocaine is a felony of the third degree	41155
under this division and if the offender two or more times	41156
previously has been convicted of or pleaded guilty to a felony	41157
drug abuse offense, the court shall impose as a mandatory prison	41158
term one of the prison terms prescribed for a felony of the third	41159
degree. If the amount of the drug involved is within that range	41160
and if the offense was committed in the vicinity of a school or in	41161
the vicinity of a juvenile, trafficking in cocaine is a felony of	41162
the second degree, and the court shall impose as a mandatory	41163
prison term one of the prison terms prescribed for a felony of the	41164
second degree.	41165

(e) Except as otherwise provided in this division, if the	41166
amount of the drug involved equals or exceeds twenty grams but is	41167
less than twenty-seven grams of cocaine, trafficking in cocaine is	41168
a felony of the second degree, and the court shall impose as a	41169
mandatory prison term one of the prison terms prescribed for a	41170
felony of the second degree. If the amount of the drug involved is	41171
within that range and if the offense was committed in the vicinity	41172
of a school or in the vicinity of a juvenile, trafficking in	41173
cocaine is a felony of the first degree, and the court shall	41174
impose as a mandatory prison term one of the prison terms	41175
prescribed for a felony of the first degree.	41176

(f) If the amount of the drug involved equals or exceeds	41177
twenty-seven grams but is less than one hundred grams of cocaine	41178
and regardless of whether the offense was committed in the	41179
vicinity of a school or in the vicinity of a juvenile, trafficking	41180
in cocaine is a felony of the first degree, and the court shall	41181
impose as a mandatory prison term one of the prison terms	41182
prescribed for a felony of the first degree.	41183

(g) If the amount of the drug involved equals or exceeds one	41184
hundred grams of cocaine and regardless of whether the offense was	41185
committed in the vicinity of a school or in the vicinity of a	41186
juvenile, trafficking in cocaine is a felony of the first degree,	41187
the offender is a major drug offender, and the court shall impose	41188
as a mandatory prison term the maximum prison term prescribed for	41189
a felony of the first degree.	41190

(5) If the drug involved in the violation is L.S.D. or a	41191
compound, mixture, preparation, or substance containing L.S.D.,	41192
whoever violates division (A) of this section is guilty of	41193
trafficking in L.S.D. The penalty for the offense shall be	41194
determined as follows:	41195

(a) Except as otherwise provided in division (C)(5)(b), (c),	41196
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	41197
felony of the fifth degree, and division (B) of section 2929.13 of	41198
the Revised Code applies in determining whether to impose a prison	41199
term on the offender.	41200

(b) Except as otherwise provided in division (C)(5)(c), (d),	41201
(e), (f), or (g) of this section, if the offense was committed in	41202
the vicinity of a school or in the vicinity of a juvenile,	41203
trafficking in L.S.D. is a felony of the fourth degree, and	41204
division (C) of section 2929.13 of the Revised Code applies in	41205
determining whether to impose a prison term on the offender.	41206

(c) Except as otherwise provided in this division, if the	41207
amount of the drug involved equals or exceeds ten unit doses but	41208
is less than fifty unit doses of L.S.D. in a solid form or equals	41209
or exceeds one gram but is less than five grams of L.S.D. in a	41210
liquid concentrate, liquid extract, or liquid distillate form,	41211
trafficking in L.S.D. is a felony of the fourth degree, and	41212
division (B) of section 2929.13 of the Revised Code applies in	41213
determining whether to impose a prison term for the offense. If	41214
the amount of the drug involved is within that range and if the	41215
offense was committed in the vicinity of a school or in the	41216
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	41217
third degree, and there is a presumption for a prison term for the	41218
offense.	41219

(d) Except as otherwise provided in this division, if the	41220
amount of the drug involved equals or exceeds fifty unit doses but	41221
is less than two hundred fifty unit doses of L.S.D. in a solid	41222
form or equals or exceeds five grams but is less than twenty-five	41223
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	41224
distillate form, trafficking in L.S.D. is a felony of the third	41225
degree, and, except as otherwise provided in this division, there	41226
is a presumption for a prison term for the offense. If trafficking	41227
in L.S.D. is a felony of the third degree under this division and	41228
if the offender two or more times previously has been convicted of	41229
or pleaded guilty to a felony drug abuse offense, the court shall	41230
impose as a mandatory prison term one of the prison terms	41231
prescribed for a felony of the third degree. If the amount of the	41232
drug involved is within that range and if the offense was	41233
committed in the vicinity of a school or in the vicinity of a	41234
juvenile, trafficking in L.S.D. is a felony of the second degree,	41235
and the court shall impose as a mandatory prison term one of the	41236
prison terms prescribed for a felony of the second degree.	41237

(e) Except as otherwise provided in this division, if the	41238
amount of the drug involved equals or exceeds two hundred fifty	41239
unit doses but is less than one thousand unit doses of L.S.D. in a	41240
solid form or equals or exceeds twenty-five grams but is less than	41241
one hundred grams of L.S.D. in a liquid concentrate, liquid	41242
extract, or liquid distillate form, trafficking in L.S.D. is a	41243
felony of the second degree, and the court shall impose as a	41244
mandatory prison term one of the prison terms prescribed for a	41245
felony of the second degree. If the amount of the drug involved is	41246
within that range and if the offense was committed in the vicinity	41247
of a school or in the vicinity of a juvenile, trafficking in	41248
L.S.D. is a felony of the first degree, and the court shall impose	41249
as a mandatory prison term one of the prison terms prescribed for	41250
a felony of the first degree.	41251

(f) If the amount of the drug involved equals or exceeds one	41252
thousand unit doses but is less than five thousand unit doses of	41253
L.S.D. in a solid form or equals or exceeds one hundred grams but	41254
is less than five hundred grams of L.S.D. in a liquid concentrate,	41255
liquid extract, or liquid distillate form and regardless of	41256
whether the offense was committed in the vicinity of a school or	41257
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	41258
of the first degree, and the court shall impose as a mandatory	41259
prison term one of the prison terms prescribed for a felony of the	41260
first degree.	41261

(g) If the amount of the drug involved equals or exceeds five	41262
thousand unit doses of L.S.D. in a solid form or equals or exceeds	41263
five hundred grams of L.S.D. in a liquid concentrate, liquid	41264
extract, or liquid distillate form and regardless of whether the	41265
offense was committed in the vicinity of a school or in the	41266
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	41267
first degree, the offender is a major drug offender, and the court	41268
shall impose as a mandatory prison term the maximum prison term	41269
prescribed for a felony of the first degree.	41270

(6) If the drug involved in the violation is heroin or a	41271
compound, mixture, preparation, or substance containing heroin,	41272
whoever violates division (A) of this section is guilty of	41273
trafficking in heroin. The penalty for the offense shall be	41274
determined as follows:	41275

(a) Except as otherwise provided in division (C)(6)(b), (c),	41276
(d), (e), (f), or (g) of this section, trafficking in heroin is a	41277
felony of the fifth degree, and division (B) of section 2929.13 of	41278
the Revised Code applies in determining whether to impose a prison	41279
term on the offender.	41280

(b) Except as otherwise provided in division (C)(6)(c), (d),	41281
(e), (f), or (g) of this section, if the offense was committed in	41282
the vicinity of a school or in the vicinity of a juvenile,	41283
trafficking in heroin is a felony of the fourth degree, and	41284
division (C) of section 2929.13 of the Revised Code applies in	41285
determining whether to impose a prison term on the offender.	41286

(c) Except as otherwise provided in this division, if the	41287
amount of the drug involved equals or exceeds ten unit doses but	41288
is less than fifty unit doses or equals or exceeds one gram but is	41289
less than five grams, trafficking in heroin is a felony of the	41290
fourth degree, and division (B) of section 2929.13 of the Revised	41291
Code applies in determining whether to impose a prison term for	41292
the offense. If the amount of the drug involved is within that	41293
range and if the offense was committed in the vicinity of a school	41294
or in the vicinity of a juvenile, trafficking in heroin is a	41295
felony of the third degree, and there is a presumption for a	41296
prison term for the offense.	41297

(d) Except as otherwise provided in this division, if the	41298
amount of the drug involved equals or exceeds fifty unit doses but	41299
is less than one hundred unit doses or equals or exceeds five	41300
grams but is less than ten grams, trafficking in heroin is a	41301
felony of the third degree, and there is a presumption for a	41302
prison term for the offense. If the amount of the drug involved is	41303
within that range and if the offense was committed in the vicinity	41304
of a school or in the vicinity of a juvenile, trafficking in	41305
heroin is a felony of the second degree, and there is a	41306
presumption for a prison term for the offense.	41307

(e) Except as otherwise provided in this division, if the	41308
amount of the drug involved equals or exceeds one hundred unit	41309
doses but is less than five hundred unit doses or equals or	41310
exceeds ten grams but is less than fifty grams, trafficking in	41311
heroin is a felony of the second degree, and the court shall	41312
impose as a mandatory prison term one of the prison terms	41313
prescribed for a felony of the second degree. If the amount of the	41314
drug involved is within that range and if the offense was	41315
committed in the vicinity of a school or in the vicinity of a	41316
juvenile, trafficking in heroin is a felony of the first degree,	41317
and the court shall impose as a mandatory prison term one of the	41318
prison terms prescribed for a felony of the first degree.	41319

(f) If the amount of the drug involved equals or exceeds five	41320
hundred unit doses but is less than two thousand five hundred unit	41321
doses or equals or exceeds fifty grams but is less than two	41322
hundred fifty grams and regardless of whether the offense was	41323
committed in the vicinity of a school or in the vicinity of a	41324
juvenile, trafficking in heroin is a felony of the first degree,	41325
and the court shall impose as a mandatory prison term one of the	41326
prison terms prescribed for a felony of the first degree.	41327

(g) If the amount of the drug involved equals or exceeds two	41328
thousand five hundred unit doses or equals or exceeds two hundred	41329
fifty grams and regardless of whether the offense was committed in	41330
the vicinity of a school or in the vicinity of a juvenile,	41331
trafficking in heroin is a felony of the first degree, the	41332
offender is a major drug offender, and the court shall impose as a	41333
mandatory prison term the maximum prison term prescribed for a	41334
felony of the first degree.	41335

(7) If the drug involved in the violation is hashish or a	41336
compound, mixture, preparation, or substance containing hashish,	41337
whoever violates division (A) of this section is guilty of	41338
trafficking in hashish. The penalty for the offense shall be	41339
determined as follows:	41340

(a) Except as otherwise provided in division (C)(7)(b), (c),	41341
(d), (e), (f), or (g) of this section, trafficking in hashish is a	41342
felony of the fifth degree, and division (B) of section 2929.13 of	41343
the Revised Code applies in determining whether to impose a prison	41344
term on the offender.	41345

(b) Except as otherwise provided in division (C)(7)(c), (d),	41346
(e), (f), or (g) of this section, if the offense was committed in	41347
the vicinity of a school or in the vicinity of a juvenile,	41348
trafficking in hashish is a felony of the fourth degree, and	41349
division (B) of section 2929.13 of the Revised Code applies in	41350
determining whether to impose a prison term on the offender.	41351

(c) Except as otherwise provided in this division, if the	41352
amount of the drug involved equals or exceeds ten grams but is	41353
less than fifty grams of hashish in a solid form or equals or	41354
exceeds two grams but is less than ten grams of hashish in a	41355
liquid concentrate, liquid extract, or liquid distillate form,	41356
trafficking in hashish is a felony of the fourth degree, and	41357
division (B) of section 2929.13 of the Revised Code applies in	41358
determining whether to impose a prison term on the offender. If	41359
the amount of the drug involved is within that range and if the	41360
offense was committed in the vicinity of a school or in the	41361
vicinity of a juvenile, trafficking in hashish is a felony of the	41362
third degree, and division (C) of section 2929.13 of the Revised	41363
Code applies in determining whether to impose a prison term on the	41364
offender.	41365

(d) Except as otherwise provided in this division, if the	41366
amount of the drug involved equals or exceeds fifty grams but is	41367
less than two hundred fifty grams of hashish in a solid form or	41368
equals or exceeds ten grams but is less than fifty grams of	41369
hashish in a liquid concentrate, liquid extract, or liquid	41370
distillate form, trafficking in hashish is a felony of the third	41371
degree, and division (C) of section 2929.13 of the Revised Code	41372
applies in determining whether to impose a prison term on the	41373
offender. If the amount of the drug involved is within that range	41374
and if the offense was committed in the vicinity of a school or in	41375
the vicinity of a juvenile, trafficking in hashish is a felony of	41376
the second degree, and there is a presumption that a prison term	41377
shall be imposed for the offense.	41378

(e) Except as otherwise provided in this division, if the	41379
amount of the drug involved equals or exceeds two hundred fifty	41380
grams but is less than one thousand grams of hashish in a solid	41381
form or equals or exceeds fifty grams but is less than two hundred	41382
grams of hashish in a liquid concentrate, liquid extract, or	41383
liquid distillate form, trafficking in hashish is a felony of the	41384
third degree, and there is a presumption that a prison term shall	41385
be imposed for the offense. If the amount of the drug involved is	41386
within that range and if the offense was committed in the vicinity	41387
of a school or in the vicinity of a juvenile, trafficking in	41388
hashish is a felony of the second degree, and there is a	41389
presumption that a prison term shall be imposed for the offense.	41390

(f) Except as otherwise provided in this division, if the	41391
amount of the drug involved equals or exceeds one thousand grams	41392
but is less than two thousand grams of hashish in a solid form or	41393
equals or exceeds two hundred grams but is less than four hundred	41394
grams of hashish in a liquid concentrate, liquid extract, or	41395
liquid distillate form, trafficking in hashish is a felony of the	41396
second degree, and the court shall impose a mandatory prison term	41397
of five, six, seven, or eight years. If the amount of the drug	41398
involved is within that range and if the offense was committed in	41399
the vicinity of a school or in the vicinity of a juvenile,	41400
trafficking in hashish is a felony of the first degree, and the	41401
court shall impose as a mandatory prison term the maximum prison	41402
term prescribed for a felony of the first degree.	41403

(g) Except as otherwise provided in this division, if the	41404
amount of the drug involved equals or exceeds two thousand grams	41405
of hashish in a solid form or equals or exceeds four hundred grams	41406
of hashish in a liquid concentrate, liquid extract, or liquid	41407
distillate form, trafficking in hashish is a felony of the second	41408
degree, and the court shall impose as a mandatory prison term the	41409
maximum prison term prescribed for a felony of the second degree.	41410
If the amount of the drug involved equals or exceeds two thousand	41411
grams of hashish in a solid form or equals or exceeds four hundred	41412
grams of hashish in a liquid concentrate, liquid extract, or	41413
liquid distillate form and if the offense was committed in the	41414
vicinity of a school or in the vicinity of a juvenile, trafficking	41415
in hashish is a felony of the first degree, and the court shall	41416
impose as a mandatory prison term the maximum prison term	41417
prescribed for a felony of the first degree.	41418

(8) If the drug involved in the violation is a controlled	41419
substance analog or compound, mixture, preparation, or substance	41420
that contains a controlled substance analog, whoever violates	41421
division (A) of this section is guilty of trafficking in a	41422
controlled substance analog. The penalty for the offense shall be	41423
determined as follows:	41424

(a) Except as otherwise provided in division (C)(8)(b), (c),	41425
(d), (e), (f), or (g) of this section, trafficking in a controlled	41426
substance analog is a felony of the fifth degree, and division (C)	41427
of section 2929.13 of the Revised Code applies in determining	41428
whether to impose a prison term on the offender.	41429

(b) Except as otherwise provided in division (C)(8)(c), (d),	41430
(e), (f), or (g) of this section, if the offense was committed in	41431
the vicinity of a school or in the vicinity of a juvenile,	41432
trafficking in a controlled substance analog is a felony of the	41433
fourth degree, and division (C) of section 2929.13 of the Revised	41434
Code applies in determining whether to impose a prison term on the	41435
offender.	41436

(c) Except as otherwise provided in this division, if the	41437
amount of the drug involved equals or exceeds ten grams but is	41438
less than twenty grams, trafficking in a controlled substance	41439
analog is a felony of the fourth degree, and division (B) of	41440
section 2929.13 of the Revised Code applies in determining whether	41441
to impose a prison term for the offense. If the amount of the drug	41442
involved is within that range and if the offense was committed in	41443
the vicinity of a school or in the vicinity of a juvenile,	41444
trafficking in a controlled substance analog is a felony of the	41445
third degree, and there is a presumption for a prison term for the	41446
offense.	41447

(d) Except as otherwise provided in this division, if the	41448
amount of the drug involved equals or exceeds twenty grams but is	41449
less than thirty grams, trafficking in a controlled substance	41450
analog is a felony of the third degree, and there is a presumption	41451
for a prison term for the offense. If the amount of the drug	41452
involved is within that range and if the offense was committed in	41453
the vicinity of a school or in the vicinity of a juvenile,	41454
trafficking in a controlled substance analog is a felony of the	41455
second degree, and there is a presumption for a prison term for	41456
the offense.	41457

(e) Except as otherwise provided in this division, if the	41458
amount of the drug involved equals or exceeds thirty grams but is	41459
less than forty grams, trafficking in a controlled substance	41460
analog is a felony of the second degree, and the court shall	41461
impose as a mandatory prison term one of the prison terms	41462
prescribed for a felony of the second degree. If the amount of the	41463
drug involved is within that range and if the offense was	41464
committed in the vicinity of a school or in the vicinity of a	41465
juvenile, trafficking in a controlled substance analog is a felony	41466
of the first degree, and the court shall impose as a mandatory	41467
prison term one of the prison terms prescribed for a felony of the	41468
first degree.	41469

(f) If the amount of the drug involved equals or exceeds	41470
forty grams but is less than fifty grams and regardless of whether	41471
the offense was committed in the vicinity of a school or in the	41472
vicinity of a juvenile, trafficking in a controlled substance	41473
analog is a felony of the first degree, and the court shall impose	41474
as a mandatory prison term one of the prison terms prescribed for	41475
a felony of the first degree.	41476

(g) If the amount of the drug involved equals or exceeds	41477
fifty grams and regardless of whether the offense was committed in	41478
the vicinity of a school or in the vicinity of a juvenile,	41479
trafficking in a controlled substance analog is a felony of the	41480
first degree, the offender is a major drug offender, and the court	41481
shall impose as a mandatory prison term the maximum prison term	41482
prescribed for a felony of the first degree.	41483

(D) In addition to any prison term authorized or required by	41484
division (C) of this section and sections 2929.13 and 2929.14 of	41485
the Revised Code, and in addition to any other sanction imposed	41486
for the offense under this section or sections 2929.11 to 2929.18	41487
of the Revised Code, the court that sentences an offender who is	41488
convicted of or pleads guilty to a violation of division (A) of	41489
this section shall do all of the following that are applicable	41490
regarding the offender:	41491

(1) If the violation of division (A) of this section is a	41492
felony of the first, second, or third degree, the court shall	41493
impose upon the offender the mandatory fine specified for the	41494
offense under division (B)(1) of section 2929.18 of the Revised	41495
Code unless, as specified in that division, the court determines	41496
that the offender is indigent. Except as otherwise provided in	41497
division (H)(1) of this section, a mandatory fine or any other	41498
fine imposed for a violation of this section is subject to	41499
division (F) of this section. If a person is charged with a	41500
violation of this section that is a felony of the first, second,	41501
or third degree, posts bail, and forfeits the bail, the clerk of	41502
the court shall pay the forfeited bail pursuant to divisions	41503
(D)(1) and (F) of this section, as if the forfeited bail was a	41504
fine imposed for a violation of this section. If any amount of the	41505
forfeited bail remains after that payment and if a fine is imposed	41506
under division (H)(1) of this section, the clerk of the court	41507
shall pay the remaining amount of the forfeited bail pursuant to	41508
divisions (H)(2) and (3) of this section, as if that remaining	41509
amount was a fine imposed under division (H)(1) of this section.	41510

(2) The court shall suspend the driver's or commercial	41511
driver's license or permit of the offender in accordance with	41512
division (G) of this section.	41513

(3) If the offender is a professionally licensed person, the	41514
court immediately shall comply with section 2925.38 of the Revised	41515
Code.	41516

(E) When a person is charged with the sale of or offer to	41517
sell a bulk amount or a multiple of a bulk amount of a controlled	41518
substance, the jury, or the court trying the accused, shall	41519
determine the amount of the controlled substance involved at the	41520
time of the offense and, if a guilty verdict is returned, shall	41521
return the findings as part of the verdict. In any such case, it	41522
is unnecessary to find and return the exact amount of the	41523
controlled substance involved, and it is sufficient if the finding	41524
and return is to the effect that the amount of the controlled	41525
substance involved is the requisite amount, or that the amount of	41526
the controlled substance involved is less than the requisite	41527
amount.	41528

(F)(1) Notwithstanding any contrary provision of section	41529
3719.21 of the Revised Code and except as provided in division (H)	41530
of this section, the clerk of the court shall pay any mandatory	41531
fine imposed pursuant to division (D)(1) of this section and any	41532
fine other than a mandatory fine that is imposed for a violation	41533
of this section pursuant to division (A) or (B)(5) of section	41534
2929.18 of the Revised Code to the county, township, municipal	41535
corporation, park district, as created pursuant to section 511.18	41536
or 1545.04 of the Revised Code, or state law enforcement agencies	41537
in this state that primarily were responsible for or involved in	41538
making the arrest of, and in prosecuting, the offender. However,	41539
the clerk shall not pay a mandatory fine so imposed to a law	41540
enforcement agency unless the agency has adopted a written	41541
internal control policy under division (F)(2) of this section that	41542
addresses the use of the fine moneys that it receives. Each agency	41543
shall use the mandatory fines so paid to subsidize the agency's	41544
law enforcement efforts that pertain to drug offenses, in	41545
accordance with the written internal control policy adopted by the	41546
recipient agency under division (F)(2) of this section.	41547

(2)~~(a)~~ Prior to receiving any fine moneys under division	41548
(F)(1) of this section or division (B) of section 2925.42 of the	41549
Revised Code, a law enforcement agency shall adopt a written	41550
internal control policy that addresses the agency's use and	41551
disposition of all fine moneys so received and that provides for	41552
the keeping of detailed financial records of the receipts of those	41553
fine moneys, the general types of expenditures made out of those	41554
fine moneys, and the specific amount of each general type of	41555
expenditure. The policy shall not provide for or permit the	41556
identification of any specific expenditure that is made in an	41557
ongoing investigation. All financial records of the receipts of	41558
those fine moneys, the general types of expenditures made out of	41559
those fine moneys, and the specific amount of each general type of	41560
expenditure by an agency are public records open for inspection	41561
under section 149.43 of the Revised Code. Additionally, a written	41562
internal control policy adopted under this division is such a	41563
public record, and the agency that adopted it shall comply with	41564
it.	41565

~~(b) Each law enforcement agency that receives in any calendar~~	41566
~~year any fine moneys under division (F)(1) of this section or~~	41567
~~division (B) of section 2925.42 of the Revised Code shall prepare~~	41568
~~a report covering the calendar year that cumulates all of the~~	41569
~~information contained in all of the public financial records kept~~	41570
~~by the agency pursuant to division (F)(2)(a) of this section for~~	41571
~~that calendar year, and shall send a copy of the cumulative~~	41572
~~report, no later than the first day of March in the calendar year~~	41573
~~following the calendar year covered by the report, to the attorney~~	41574
~~general. Each report received by the attorney general is a public~~	41575
~~record open for inspection under section 149.43 of the Revised~~	41576
~~Code. Not later than the fifteenth day of April in the calendar~~	41577
~~year in which the reports are received, the attorney general shall~~	41578
~~send to the president of the senate and the speaker of the house~~	41579
~~of representatives a written notification that does all of the~~	41580
~~following:~~	41581

~~(i) Indicates that the attorney general has received from law~~	41582
~~enforcement agencies reports of the type described in this~~	41583
~~division that cover the previous calendar year and indicates that~~	41584
~~the reports were received under this division;~~	41585

~~(ii) Indicates that the reports are open for inspection under~~	41586
~~section 149.43 of the Revised Code;~~	41587

~~(iii) Indicates that the attorney general will provide a copy~~	41588
~~of any or all of the reports to the president of the senate or the~~	41589
~~speaker of the house of representatives upon request.~~	41590

(3) As used in division (F) of this section:

41591

(a) "Law enforcement agencies" includes, but is not limited	41592
to, the state board of pharmacy and the office of a prosecutor.	41593

(b) "Prosecutor" has the same meaning as in section 2935.01	41594
of the Revised Code.	41595

(G) When required under division (D)(2) of this section or	41596
any other provision of this chapter, the court shall suspend for	41597
not less than six months or more than five years the driver's or	41598
commercial driver's license or permit of any person who is	41599
convicted of or pleads guilty to any violation of this section or	41600
any other specified provision of this chapter. If an offender's	41601
driver's or commercial driver's license or permit is suspended	41602
pursuant to this division, the offender, at any time after the	41603
expiration of two years from the day on which the offender's	41604
sentence was imposed or from the day on which the offender finally	41605
was released from a prison term under the sentence, whichever is	41606
later, may file a motion with the sentencing court requesting	41607
termination of the suspension; upon the filing of such a motion	41608
and the court's finding of good cause for the termination, the	41609
court may terminate the suspension.	41610

(H)(1) In addition to any prison term authorized or required	41611
by division (C) of this section and sections 2929.13 and 2929.14	41612
of the Revised Code, in addition to any other penalty or sanction	41613
imposed for the offense under this section or sections 2929.11 to	41614
2929.18 of the Revised Code, and in addition to the forfeiture of	41615
property in connection with the offense as prescribed in Chapter	41616
2981. of the Revised Code, the court that sentences an offender	41617
who is convicted of or pleads guilty to a violation of division	41618
(A) of this section may impose upon the offender an additional	41619
fine specified for the offense in division (B)(4) of section	41620
2929.18 of the Revised Code. A fine imposed under division (H)(1)	41621
of this section is not subject to division (F) of this section and	41622
shall be used solely for the support of one or more eligible	41623
~~alcohol and drug~~community addiction ~~programs~~services provider in	41624
accordance with divisions (H)(2) and (3) of this section.	41625

(2) The court that imposes a fine under division (H)(1) of	41626
this section shall specify in the judgment that imposes the fine	41627
one or more eligible ~~alcohol and drug~~community addiction ~~programs~~	41628
services provider for the support of which the fine money is to be	41629
used. No ~~alcohol and drug~~community addiction ~~program~~services	41630
provider shall receive or use money paid or collected in	41631
satisfaction of a fine imposed under division (H)(1) of this	41632
section unless the ~~program~~services provider is specified in the	41633
judgment that imposes the fine. No ~~alcohol and drug~~community	41634
addiction ~~program~~services provider shall be specified in the	41635
judgment unless the ~~program~~services provider is an eligible	41636
~~alcohol and drug~~community addiction ~~program~~services provider	41637
and, except as otherwise provided in division (H)(2) of this	41638
section, unless the ~~program~~services provider is located in the	41639
county in which the court that imposes the fine is located or in a	41640
county that is immediately contiguous to the county in which that	41641
court is located. If no eligible ~~alcohol and drug~~community	41642
addiction ~~program~~services provider is located in any of those	41643
counties, the judgment may specify an eligible ~~alcohol and drug~~	41644
community addiction ~~program~~services provider that is located	41645
anywhere within this state.	41646

(3) Notwithstanding any contrary provision of section 3719.21	41647
of the Revised Code, the clerk of the court shall pay any fine	41648
imposed under division (H)(1) of this section to the eligible	41649
~~alcohol and drug~~community addiction ~~program~~services provider	41650
specified pursuant to division (H)(2) of this section in the	41651
judgment. The eligible ~~alcohol and drug~~community addiction	41652
~~program~~services provider that receives the fine moneys shall use	41653
the moneys only for the alcohol and drug addiction services	41654
identified in the application for certification under section	41655
~~3793.06~~5119.36 of the Revised Code or in the application for a	41656
license under section ~~3793.11~~5119.39 of the Revised Code filed	41657
with the department of ~~alcohol and drug addiction services~~mental	41658
health and addiction services by the ~~alcohol and drug~~community	41659
addiction ~~program~~services provider specified in the judgment.	41660

(4) Each ~~alcohol and drug~~community addiction ~~program~~	41661
services provider that receives in a calendar year any fine moneys	41662
under division (H)(3) of this section shall file an annual report	41663
covering that calendar year with the court of common pleas and the	41664
board of county commissioners of the county in which the ~~program~~	41665
services provider is located, with the court of common pleas and	41666
the board of county commissioners of each county from which the	41667
~~program~~services provider received the moneys if that county is	41668
different from the county in which the ~~program~~services provider	41669
is located, and with the attorney general. The ~~alcohol and drug~~	41670
community addiction ~~program~~services provider shall file the	41671
report no later than the first day of March in the calendar year	41672
following the calendar year in which the ~~program~~services provider	41673
received the fine moneys. The report shall include statistics on	41674
the number of persons served by the ~~alcohol and drug~~community	41675
addiction ~~program~~services provider, identify the types of alcohol	41676
and drug addiction services provided to those persons, and include	41677
a specific accounting of the purposes for which the fine moneys	41678
received were used. No information contained in the report shall	41679
identify, or enable a person to determine the identity of, any	41680
person served by the ~~alcohol and drug~~community addiction ~~program~~	41681
services provider. Each report received by a court of common	41682
pleas, a board of county commissioners, or the attorney general is	41683
a public record open for inspection under section 149.43 of the	41684
Revised Code.	41685

(5) As used in divisions (H)(1) to (5) of this section:

41686

(a) "~~Alcohol and drug~~Community addiction ~~program~~services	41687
provider" and "alcohol and drug addiction services" have the same	41688
meanings as in section ~~3793.01~~5119.01 of the Revised Code.	41689

(b) "Eligible ~~alcohol and drug~~community addiction ~~program~~	41690
services provider" means ~~an alcohol and drug~~a community addiction	41691
~~program~~services provider that is certified under section ~~3793.06~~	41692
5119.36 of the Revised Code or licensed under section ~~3793.11~~	41693
5119.39 of the Revised Code by the department of ~~alcohol and drug~~	41694
~~addiction services~~mental health and addiction services.	41695

(I) As used in this section, "drug" includes any substance	41696
that is represented to be a drug.	41697

(J) It is an affirmative defense to a charge of trafficking	41698
in a controlled substance analog under division (C)(8) of this	41699
section that the person charged with violating that offense sold	41700
or offered to sell, or prepared for shipment, shipped,	41701
transported, delivered, prepared for distribution, or distributed	41702
an item described in division (HH)(2)(a), (b), or (c) of section	41703
3719.01 of the Revised Code.	41704

Sec. 2929.13. (A) Except as provided in division (E), (F),	41705
or (G) of this section and unless a specific sanction is required	41706
to be imposed or is precluded from being imposed pursuant to law,	41707
a court that imposes a sentence upon an offender for a felony may	41708
impose any sanction or combination of sanctions on the offender	41709
that are provided in sections 2929.14 to 2929.18 of the Revised	41710
Code.	41711

If the offender is eligible to be sentenced to community	41712
control sanctions, the court shall consider the appropriateness of	41713
imposing a financial sanction pursuant to section 2929.18 of the	41714
Revised Code or a sanction of community service pursuant to	41715
section 2929.17 of the Revised Code as the sole sanction for the	41716
offense. Except as otherwise provided in this division, if the	41717
court is required to impose a mandatory prison term for the	41718
offense for which sentence is being imposed, the court also shall	41719
impose any financial sanction pursuant to section 2929.18 of the	41720
Revised Code that is required for the offense and may impose any	41721
other financial sanction pursuant to that section but may not	41722
impose any additional sanction or combination of sanctions under	41723
section 2929.16 or 2929.17 of the Revised Code.	41724

If the offender is being sentenced for a fourth degree felony	41725
OVI offense or for a third degree felony OVI offense, in addition	41726
to the mandatory term of local incarceration or the mandatory	41727
prison term required for the offense by division (G)(1) or (2) of	41728
this section, the court shall impose upon the offender a mandatory	41729
fine in accordance with division (B)(3) of section 2929.18 of the	41730
Revised Code and may impose whichever of the following is	41731
applicable:	41732

(1) For a fourth degree felony OVI offense for which sentence	41733
is imposed under division (G)(1) of this section, an additional	41734
community control sanction or combination of community control	41735
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	41736
the court imposes upon the offender a community control sanction	41737
and the offender violates any condition of the community control	41738
sanction, the court may take any action prescribed in division (B)	41739
of section 2929.15 of the Revised Code relative to the offender,	41740
including imposing a prison term on the offender pursuant to that	41741
division.	41742

(2) For a third or fourth degree felony OVI offense for which	41743
sentence is imposed under division (G)(2) of this section, an	41744
additional prison term as described in division (B)(4) of section	41745
2929.14 of the Revised Code or a community control sanction as	41746
described in division (G)(2) of this section.	41747

(B)(1)(a) Except as provided in division (B)(1)(b) of this	41748
section, if an offender is convicted of or pleads guilty to a	41749
felony of the fourth or fifth degree that is not an offense of	41750
violence or that is a qualifying assault offense, the court shall	41751
sentence the offender to a community control sanction of at least	41752
one year's duration if all of the following apply:	41753

(i) The offender previously has not been convicted of or	41754
pleaded guilty to a felony offense.	41755

(ii) The most serious charge against the offender at the time	41756
of sentencing is a felony of the fourth or fifth degree.	41757

(iii) If the court made a request of the department of	41758
rehabilitation and correction pursuant to division (B)(1)(c) of	41759
this section, the department, within the forty-five-day period	41760
specified in that division, provided the court with the names of,	41761
contact information for, and program details of one or more	41762
community control sanctions of at least one year's duration that	41763
are available for persons sentenced by the court.	41764

(iv) The offender previously has not been convicted of or	41765
pleaded guilty to a misdemeanor offense of violence that the	41766
offender committed within two years prior to the offense for which	41767
sentence is being imposed.	41768

(b) The court has discretion to impose a prison term upon an	41769
offender who is convicted of or pleads guilty to a felony of the	41770
fourth or fifth degree that is not an offense of violence or that	41771
is a qualifying assault offense if any of the following apply:	41772

(i) The offender committed the offense while having a firearm	41773
on or about the offender's person or under the offender's control.	41774

(ii) If the offense is a qualifying assault offense, the	41775
offender caused serious physical harm to another person while	41776
committing the offense, and, if the offense is not a qualifying	41777
assault offense, the offender caused physical harm to another	41778
person while committing the offense.	41779

(iii) The offender violated a term of the conditions of bond	41780
as set by the court.	41781

(iv) The court made a request of the department of	41782
rehabilitation and correction pursuant to division (B)(1)(c) of	41783
this section, and the department, within the forty-five-day period	41784
specified in that division, did not provide the court with the	41785
name of, contact information for, and program details of any	41786
community control sanction of at least one year's duration that is	41787
available for persons sentenced by the court.	41788

(v) The offense is a sex offense that is a fourth or fifth	41789
degree felony violation of any provision of Chapter 2907. of the	41790
Revised Code.	41791

(vi) In committing the offense, the offender attempted to	41792
cause or made an actual threat of physical harm to a person with a	41793
deadly weapon.	41794

(vii) In committing the offense, the offender attempted to	41795
cause or made an actual threat of physical harm to a person, and	41796
the offender previously was convicted of an offense that caused	41797
physical harm to a person.	41798

(viii) The offender held a public office or position of	41799
trust, and the offense related to that office or position; the	41800
offender's position obliged the offender to prevent the offense or	41801
to bring those committing it to justice; or the offender's	41802
professional reputation or position facilitated the offense or was	41803
likely to influence the future conduct of others.	41804

(ix) The offender committed the offense for hire or as part	41805
of an organized criminal activity.	41806

(x) The offender at the time of the offense was serving, or	41807
the offender previously had served, a prison term.	41808

(xi) The offender committed the offense while under a	41809
community control sanction, while on probation, or while released	41810
from custody on a bond or personal recognizance.	41811

(c) If a court that is sentencing an offender who is	41812
convicted of or pleads guilty to a felony of the fourth or fifth	41813
degree that is not an offense of violence or that is a qualifying	41814
assault offense believes that no community control sanctions are	41815
available for its use that, if imposed on the offender, will	41816
adequately fulfill the overriding principles and purposes of	41817
sentencing, the court shall contact the department of	41818
rehabilitation and correction and ask the department to provide	41819
the court with the names of, contact information for, and program	41820
details of one or more community control sanctions of at least one	41821
year's duration that are available for persons sentenced by the	41822
court. Not later than forty-five days after receipt of a request	41823
from a court under this division, the department shall provide the	41824
court with the names of, contact information for, and program	41825
details of one or more community control sanctions of at least one	41826
year's duration that are available for persons sentenced by the	41827
court, if any. Upon making a request under this division that	41828
relates to a particular offender, a court shall defer sentencing	41829
of that offender until it receives from the department the names	41830
of, contact information for, and program details of one or more	41831
community control sanctions of at least one year's duration that	41832
are available for persons sentenced by the court or for forty-five	41833
days, whichever is the earlier.	41834

If the department provides the court with the names of,	41835
contact information for, and program details of one or more	41836
community control sanctions of at least one year's duration that	41837
are available for persons sentenced by the court within the	41838
forty-five-day period specified in this division, the court shall	41839
impose upon the offender a community control sanction under	41840
division (B)(1)(a) of this section, except that the court may	41841
impose a prison term under division (B)(1)(b) of this section if a	41842
factor described in division (B)(1)(b)(i) or (ii) of this section	41843
applies. If the department does not provide the court with the	41844
names of, contact information for, and program details of one or	41845
more community control sanctions of at least one year's duration	41846
that are available for persons sentenced by the court within the	41847
forty-five-day period specified in this division, the court may	41848
impose upon the offender a prison term under division	41849
(B)(1)(b)(iv) of this section.	41850

(d) A sentencing court may impose an additional penalty under	41851
division (B) of section 2929.15 of the Revised Code upon an	41852
offender sentenced to a community control sanction under division	41853
(B)(1)(a) of this section if the offender violates the conditions	41854
of the community control sanction, violates a law, or leaves the	41855
state without the permission of the court or the offender's	41856
probation officer.	41857

(2) If division (B)(1) of this section does not apply, except	41858
as provided in division (E), (F), or (G) of this section, in	41859
determining whether to impose a prison term as a sanction for a	41860
felony of the fourth or fifth degree, the sentencing court shall	41861
comply with the purposes and principles of sentencing under	41862
section 2929.11 of the Revised Code and with section 2929.12 of	41863
the Revised Code.	41864

(C) Except as provided in division (D), (E), (F), or (G) of	41865
this section, in determining whether to impose a prison term as a	41866
sanction for a felony of the third degree or a felony drug offense	41867
that is a violation of a provision of Chapter 2925. of the Revised	41868
Code and that is specified as being subject to this division for	41869
purposes of sentencing, the sentencing court shall comply with the	41870
purposes and principles of sentencing under section 2929.11 of the	41871
Revised Code and with section 2929.12 of the Revised Code.	41872

(D)(1) Except as provided in division (E) or (F) of this	41873
section, for a felony of the first or second degree, for a felony	41874
drug offense that is a violation of any provision of Chapter	41875
2925., 3719., or 4729. of the Revised Code for which a presumption	41876
in favor of a prison term is specified as being applicable, and	41877
for a violation of division (A)(4) or (B) of section 2907.05 of	41878
the Revised Code for which a presumption in favor of a prison term	41879
is specified as being applicable, it is presumed that a prison	41880
term is necessary in order to comply with the purposes and	41881
principles of sentencing under section 2929.11 of the Revised	41882
Code. Division (D)(2) of this section does not apply to a	41883
presumption established under this division for a violation of	41884
division (A)(4) of section 2907.05 of the Revised Code.	41885

(2) Notwithstanding the presumption established under	41886
division (D)(1) of this section for the offenses listed in that	41887
division other than a violation of division (A)(4) or (B) of	41888
section 2907.05 of the Revised Code, the sentencing court may	41889
impose a community control sanction or a combination of community	41890
control sanctions instead of a prison term on an offender for a	41891
felony of the first or second degree or for a felony drug offense	41892
that is a violation of any provision of Chapter 2925., 3719., or	41893
4729. of the Revised Code for which a presumption in favor of a	41894
prison term is specified as being applicable if it makes both of	41895
the following findings:	41896

(a) A community control sanction or a combination of	41897
community control sanctions would adequately punish the offender	41898
and protect the public from future crime, because the applicable	41899
factors under section 2929.12 of the Revised Code indicating a	41900
lesser likelihood of recidivism outweigh the applicable factors	41901
under that section indicating a greater likelihood of recidivism.	41902

(b) A community control sanction or a combination of	41903
community control sanctions would not demean the seriousness of	41904
the offense, because one or more factors under section 2929.12 of	41905
the Revised Code that indicate that the offender's conduct was	41906
less serious than conduct normally constituting the offense are	41907
applicable, and they outweigh the applicable factors under that	41908
section that indicate that the offender's conduct was more serious	41909
than conduct normally constituting the offense.	41910

(E)(1) Except as provided in division (F) of this section,	41911
for any drug offense that is a violation of any provision of	41912
Chapter 2925. of the Revised Code and that is a felony of the	41913
third, fourth, or fifth degree, the applicability of a presumption	41914
under division (D) of this section in favor of a prison term or of	41915
division (B) or (C) of this section in determining whether to	41916
impose a prison term for the offense shall be determined as	41917
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	41918
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	41919
Revised Code, whichever is applicable regarding the violation.	41920

(2) If an offender who was convicted of or pleaded guilty to	41921
a felony violates the conditions of a community control sanction	41922
imposed for the offense solely by reason of producing positive	41923
results on a drug test, the court, as punishment for the violation	41924
of the sanction, shall not order that the offender be imprisoned	41925
unless the court determines on the record either of the following:	41926

(a) The offender had been ordered as a sanction for the	41927
felony to participate in a drug treatment program, in a drug	41928
education program, or in narcotics anonymous or a similar program,	41929
and the offender continued to use illegal drugs after a reasonable	41930
period of participation in the program.	41931

(b) The imprisonment of the offender for the violation is	41932
consistent with the purposes and principles of sentencing set	41933
forth in section 2929.11 of the Revised Code.	41934

(3) A court that sentences an offender for a drug abuse	41935
offense that is a felony of the third, fourth, or fifth degree may	41936
require that the offender be assessed by a properly credentialed	41937
professional within a specified period of time. The court shall	41938
require the professional to file a written assessment of the	41939
offender with the court. If the offender is eligible for a	41940
community control sanction and after considering the written	41941
assessment, the court may impose a community control sanction that	41942
includes treatment and recovery support services authorized by	41943
section 3793.02 of the Revised Code. If the court imposes	41944
treatment and recovery support services as a community control	41945
sanction, the court shall direct the level and type of treatment	41946
and recovery support services after considering the assessment and	41947
recommendation of treatment and recovery support services	41948
providers.	41949

(F) Notwithstanding divisions (A) to (E) of this section, the	41950
court shall impose a prison term or terms under sections 2929.02	41951
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	41952
of the Revised Code and except as specifically provided in section	41953
2929.20, divisions (C) to (I) of section 2967.19, or section	41954
2967.191 of the Revised Code or when parole is authorized for the	41955
offense under section 2967.13 of the Revised Code shall not reduce	41956
the term or terms pursuant to section 2929.20, section 2967.19,	41957
section 2967.193, or any other provision of Chapter 2967. or	41958
Chapter 5120. of the Revised Code for any of the following	41959
offenses:	41960

(1) Aggravated murder when death is not imposed or murder;

41961

(2) Any rape, regardless of whether force was involved and	41962
regardless of the age of the victim, or an attempt to commit rape	41963
if, had the offender completed the rape that was attempted, the	41964
offender would have been guilty of a violation of division	41965
(A)(1)(b) of section 2907.02 of the Revised Code and would be	41966
sentenced under section 2971.03 of the Revised Code;	41967

(3) Gross sexual imposition or sexual battery, if the victim	41968
is less than thirteen years of age and if any of the following	41969
applies:	41970

(a) Regarding gross sexual imposition, the offender	41971
previously was convicted of or pleaded guilty to rape, the former	41972
offense of felonious sexual penetration, gross sexual imposition,	41973
or sexual battery, and the victim of the previous offense was less	41974
than thirteen years of age;	41975

(b) Regarding gross sexual imposition, the offense was	41976
committed on or after August 3, 2006, and evidence other than the	41977
testimony of the victim was admitted in the case corroborating the	41978
violation.	41979

(c) Regarding sexual battery, either of the following	41980
applies:	41981

(i) The offense was committed prior to August 3, 2006, the	41982
offender previously was convicted of or pleaded guilty to rape,	41983
the former offense of felonious sexual penetration, or sexual	41984
battery, and the victim of the previous offense was less than	41985
thirteen years of age.	41986

(ii) The offense was committed on or after August 3, 2006.

41987

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	41988
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	41989
if the section requires the imposition of a prison term;	41990

(5) A first, second, or third degree felony drug offense for	41991
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	41992
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	41993
4729.99 of the Revised Code, whichever is applicable regarding the	41994
violation, requires the imposition of a mandatory prison term;	41995

(6) Any offense that is a first or second degree felony and	41996
that is not set forth in division (F)(1), (2), (3), or (4) of this	41997
section, if the offender previously was convicted of or pleaded	41998
guilty to aggravated murder, murder, any first or second degree	41999
felony, or an offense under an existing or former law of this	42000
state, another state, or the United States that is or was	42001
substantially equivalent to one of those offenses;	42002

(7) Any offense that is a third degree felony and either is a	42003
violation of section 2903.04 of the Revised Code or an attempt to	42004
commit a felony of the second degree that is an offense of	42005
violence and involved an attempt to cause serious physical harm to	42006
a person or that resulted in serious physical harm to a person if	42007
the offender previously was convicted of or pleaded guilty to any	42008
of the following offenses:	42009

(a) Aggravated murder, murder, involuntary manslaughter,	42010
rape, felonious sexual penetration as it existed under section	42011
2907.12 of the Revised Code prior to September 3, 1996, a felony	42012
of the first or second degree that resulted in the death of a	42013
person or in physical harm to a person, or complicity in or an	42014
attempt to commit any of those offenses;	42015

(b) An offense under an existing or former law of this state,	42016
another state, or the United States that is or was substantially	42017
equivalent to an offense listed in division (F)(7)(a) of this	42018
section that resulted in the death of a person or in physical harm	42019
to a person.	42020

(8) Any offense, other than a violation of section 2923.12 of	42021
the Revised Code, that is a felony, if the offender had a firearm	42022
on or about the offender's person or under the offender's control	42023
while committing the felony, with respect to a portion of the	42024
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	42025
of the Revised Code for having the firearm;	42026

(9) Any offense of violence that is a felony, if the offender	42027
wore or carried body armor while committing the felony offense of	42028
violence, with respect to the portion of the sentence imposed	42029
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	42030
Code for wearing or carrying the body armor;	42031

(10) Corrupt activity in violation of section 2923.32 of the	42032
Revised Code when the most serious offense in the pattern of	42033
corrupt activity that is the basis of the offense is a felony of	42034
the first degree;	42035

(11) Any violent sex offense or designated homicide, assault,	42036
or kidnapping offense if, in relation to that offense, the	42037
offender is adjudicated a sexually violent predator;	42038

(12) A violation of division (A)(1) or (2) of section 2921.36	42039
of the Revised Code, or a violation of division (C) of that	42040
section involving an item listed in division (A)(1) or (2) of that	42041
section, if the offender is an officer or employee of the	42042
department of rehabilitation and correction;	42043

(13) A violation of division (A)(1) or (2) of section 2903.06	42044
of the Revised Code if the victim of the offense is a peace	42045
officer, as defined in section 2935.01 of the Revised Code, or an	42046
investigator of the bureau of criminal identification and	42047
investigation, as defined in section 2903.11 of the Revised Code,	42048
with respect to the portion of the sentence imposed pursuant to	42049
division (B)(5) of section 2929.14 of the Revised Code;	42050

(14) A violation of division (A)(1) or (2) of section 2903.06	42051
of the Revised Code if the offender has been convicted of or	42052
pleaded guilty to three or more violations of division (A) or (B)	42053
of section 4511.19 of the Revised Code or an equivalent offense,	42054
as defined in section 2941.1415 of the Revised Code, or three or	42055
more violations of any combination of those divisions and	42056
offenses, with respect to the portion of the sentence imposed	42057
pursuant to division (B)(6) of section 2929.14 of the Revised	42058
Code;	42059

(15) Kidnapping, in the circumstances specified in section	42060
2971.03 of the Revised Code and when no other provision of	42061
division (F) of this section applies;	42062

(16) Kidnapping, abduction, compelling prostitution,	42063
promoting prostitution, engaging in a pattern of corrupt activity,	42064
illegal use of a minor in a nudity-oriented material or	42065
performance in violation of division (A)(1) or (2) of section	42066
2907.323 of the Revised Code, or endangering children in violation	42067
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	42068
the Revised Code, if the offender is convicted of or pleads guilty	42069
to a specification as described in section 2941.1422 of the	42070
Revised Code that was included in the indictment, count in the	42071
indictment, or information charging the offense;	42072

(17) A felony violation of division (A) or (B) of section	42073
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	42074
that section, and division (D)(6) of that section, require the	42075
imposition of a prison term;	42076

(18) A felony violation of section 2903.11, 2903.12, or	42077
2903.13 of the Revised Code, if the victim of the offense was a	42078
woman that the offender knew was pregnant at the time of the	42079
violation, with respect to a portion of the sentence imposed	42080
pursuant to division (B)(8) of section 2929.14 of the Revised	42081
Code.	42082

(G) Notwithstanding divisions (A) to (E) of this section, if	42083
an offender is being sentenced for a fourth degree felony OVI	42084
offense or for a third degree felony OVI offense, the court shall	42085
impose upon the offender a mandatory term of local incarceration	42086
or a mandatory prison term in accordance with the following:	42087

(1) If the offender is being sentenced for a fourth degree	42088
felony OVI offense and if the offender has not been convicted of	42089
and has not pleaded guilty to a specification of the type	42090
described in section 2941.1413 of the Revised Code, the court may	42091
impose upon the offender a mandatory term of local incarceration	42092
of sixty days or one hundred twenty days as specified in division	42093
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	42094
not reduce the term pursuant to section 2929.20, 2967.193, or any	42095
other provision of the Revised Code. The court that imposes a	42096
mandatory term of local incarceration under this division shall	42097
specify whether the term is to be served in a jail, a	42098
community-based correctional facility, a halfway house, or an	42099
alternative residential facility, and the offender shall serve the	42100
term in the type of facility specified by the court. A mandatory	42101
term of local incarceration imposed under division (G)(1) of this	42102
section is not subject to any other Revised Code provision that	42103
pertains to a prison term except as provided in division (A)(1) of	42104
this section.	42105

(2) If the offender is being sentenced for a third degree	42106
felony OVI offense, or if the offender is being sentenced for a	42107
fourth degree felony OVI offense and the court does not impose a	42108
mandatory term of local incarceration under division (G)(1) of	42109
this section, the court shall impose upon the offender a mandatory	42110
prison term of one, two, three, four, or five years if the	42111
offender also is convicted of or also pleads guilty to a	42112
specification of the type described in section 2941.1413 of the	42113
Revised Code or shall impose upon the offender a mandatory prison	42114
term of sixty days or one hundred twenty days as specified in	42115
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	42116
if the offender has not been convicted of and has not pleaded	42117
guilty to a specification of that type. Subject to divisions (C)	42118
to (I) of section 2967.19 of the Revised Code, the court shall not	42119
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	42120
any other provision of the Revised Code. The offender shall serve	42121
the one-, two-, three-, four-, or five-year mandatory prison term	42122
consecutively to and prior to the prison term imposed for the	42123
underlying offense and consecutively to any other mandatory prison	42124
term imposed in relation to the offense. In no case shall an	42125
offender who once has been sentenced to a mandatory term of local	42126
incarceration pursuant to division (G)(1) of this section for a	42127
fourth degree felony OVI offense be sentenced to another mandatory	42128
term of local incarceration under that division for any violation	42129
of division (A) of section 4511.19 of the Revised Code. In	42130
addition to the mandatory prison term described in division (G)(2)	42131
of this section, the court may sentence the offender to a	42132
community control sanction under section 2929.16 or 2929.17 of the	42133
Revised Code, but the offender shall serve the prison term prior	42134
to serving the community control sanction. The department of	42135
rehabilitation and correction may place an offender sentenced to a	42136
mandatory prison term under this division in an intensive program	42137
prison established pursuant to section 5120.033 of the Revised	42138
Code if the department gave the sentencing judge prior notice of	42139
its intent to place the offender in an intensive program prison	42140
established under that section and if the judge did not notify the	42141
department that the judge disapproved the placement. Upon the	42142
establishment of the initial intensive program prison pursuant to	42143
section 5120.033 of the Revised Code that is privately operated	42144
and managed by a contractor pursuant to a contract entered into	42145
under section 9.06 of the Revised Code, both of the following	42146
apply:	42147

(a) The department of rehabilitation and correction shall	42148
make a reasonable effort to ensure that a sufficient number of	42149
offenders sentenced to a mandatory prison term under this division	42150
are placed in the privately operated and managed prison so that	42151
the privately operated and managed prison has full occupancy.	42152

(b) Unless the privately operated and managed prison has full	42153
occupancy, the department of rehabilitation and correction shall	42154
not place any offender sentenced to a mandatory prison term under	42155
this division in any intensive program prison established pursuant	42156
to section 5120.033 of the Revised Code other than the privately	42157
operated and managed prison.	42158

(H) If an offender is being sentenced for a sexually oriented	42159
offense or child-victim oriented offense that is a felony	42160
committed on or after January 1, 1997, the judge shall require the	42161
offender to submit to a DNA specimen collection procedure pursuant	42162
to section 2901.07 of the Revised Code.	42163

(I) If an offender is being sentenced for a sexually oriented	42164
offense or a child-victim oriented offense committed on or after	42165
January 1, 1997, the judge shall include in the sentence a summary	42166
of the offender's duties imposed under sections 2950.04, 2950.041,	42167
2950.05, and 2950.06 of the Revised Code and the duration of the	42168
duties. The judge shall inform the offender, at the time of	42169
sentencing, of those duties and of their duration. If required	42170
under division (A)(2) of section 2950.03 of the Revised Code, the	42171
judge shall perform the duties specified in that section, or, if	42172
required under division (A)(6) of section 2950.03 of the Revised	42173
Code, the judge shall perform the duties specified in that	42174
division.	42175

(J)(1) Except as provided in division (J)(2) of this section,	42176
when considering sentencing factors under this section in relation	42177
to an offender who is convicted of or pleads guilty to an attempt	42178
to commit an offense in violation of section 2923.02 of the	42179
Revised Code, the sentencing court shall consider the factors	42180
applicable to the felony category of the violation of section	42181
2923.02 of the Revised Code instead of the factors applicable to	42182
the felony category of the offense attempted.	42183

(2) When considering sentencing factors under this section in	42184
relation to an offender who is convicted of or pleads guilty to an	42185
attempt to commit a drug abuse offense for which the penalty is	42186
determined by the amount or number of unit doses of the controlled	42187
substance involved in the drug abuse offense, the sentencing court	42188
shall consider the factors applicable to the felony category that	42189
the drug abuse offense attempted would be if that drug abuse	42190
offense had been committed and had involved an amount or number of	42191
unit doses of the controlled substance that is within the next	42192
lower range of controlled substance amounts than was involved in	42193
the attempt.	42194

(K) As used in this section:

42195

(1) "Drug abuse offense" has the same meaning as in section	42196
2925.01 of the Revised Code.	42197

(2) "Qualifying assault offense" means a violation of section	42198
2903.13 of the Revised Code for which the penalty provision in	42199
division (C)~~(7)~~(8)(b) or (C)~~(8)~~(9)(b) of that section applies.	42200

(L) At the time of sentencing an offender for any sexually	42201
oriented offense, if the offender is a tier III sex	42202
offender/child-victim offender relative to that offense and the	42203
offender does not serve a prison term or jail term, the court may	42204
require that the offender be monitored by means of a global	42205
positioning device. If the court requires such monitoring, the	42206
cost of monitoring shall be borne by the offender. If the offender	42207
is indigent, the cost of compliance shall be paid by the crime	42208
victims reparations fund.	42209

Sec. 2929.15. (A)(1) If in sentencing an offender for a	42210
felony the court is not required to impose a prison term, a	42211
mandatory prison term, or a term of life imprisonment upon the	42212
offender, the court may directly impose a sentence that consists	42213
of one or more community control sanctions authorized pursuant to	42214
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	42215
court is sentencing an offender for a fourth degree felony OVI	42216
offense under division (G)(1) of section 2929.13 of the Revised	42217
Code, in addition to the mandatory term of local incarceration	42218
imposed under that division and the mandatory fine required by	42219
division (B)(3) of section 2929.18 of the Revised Code, the court	42220
may impose upon the offender a community control sanction or	42221
combination of community control sanctions in accordance with	42222
sections 2929.16 and 2929.17 of the Revised Code. If the court is	42223
sentencing an offender for a third or fourth degree felony OVI	42224
offense under division (G)(2) of section 2929.13 of the Revised	42225
Code, in addition to the mandatory prison term or mandatory prison	42226
term and additional prison term imposed under that division, the	42227
court also may impose upon the offender a community control	42228
sanction or combination of community control sanctions under	42229
section 2929.16 or 2929.17 of the Revised Code, but the offender	42230
shall serve all of the prison terms so imposed prior to serving	42231
the community control sanction.	42232

The duration of all community control sanctions imposed upon	42233
an offender under this division shall not exceed five years. If	42234
the offender absconds or otherwise leaves the jurisdiction of the	42235
court in which the offender resides without obtaining permission	42236
from the court or the offender's probation officer to leave the	42237
jurisdiction of the court, or if the offender is confined in any	42238
institution for the commission of any offense while under a	42239
community control sanction, the period of the community control	42240
sanction ceases to run until the offender is brought before the	42241
court for its further action. If the court sentences the offender	42242
to one or more nonresidential sanctions under section 2929.17 of	42243
the Revised Code, the court shall impose as a condition of the	42244
nonresidential sanctions that, during the period of the sanctions,	42245
the offender must abide by the law and must not leave the state	42246
without the permission of the court or the offender's probation	42247
officer. The court may impose any other conditions of release	42248
under a community control sanction that the court considers	42249
appropriate, including, but not limited to, requiring that the	42250
offender not ingest or be injected with a drug of abuse and submit	42251
to random drug testing as provided in division (D) of this section	42252
to determine whether the offender ingested or was injected with a	42253
drug of abuse and requiring that the results of the drug test	42254
indicate that the offender did not ingest or was not injected with	42255
a drug of abuse.	42256

(2)(a) If a court sentences an offender to any community	42257
control sanction or combination of community control sanctions	42258
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	42259
Revised Code, the court shall place the offender under the general	42260
control and supervision of a department of probation in the county	42261
that serves the court for purposes of reporting to the court a	42262
violation of any condition of the sanctions, any condition of	42263
release under a community control sanction imposed by the court, a	42264
violation of law, or the departure of the offender from this state	42265
without the permission of the court or the offender's probation	42266
officer. Alternatively, if the offender resides in another county	42267
and a county department of probation has been established in that	42268
county or that county is served by a multicounty probation	42269
department established under section 2301.27 of the Revised Code,	42270
the court may request the court of common pleas of that county to	42271
receive the offender into the general control and supervision of	42272
that county or multicounty department of probation for purposes of	42273
reporting to the court a violation of any condition of the	42274
sanctions, any condition of release under a community control	42275
sanction imposed by the court, a violation of law, or the	42276
departure of the offender from this state without the permission	42277
of the court or the offender's probation officer, subject to the	42278
jurisdiction of the trial judge over and with respect to the	42279
person of the offender, and to the rules governing that department	42280
of probation.	42281

If there is no department of probation in the county that	42282
serves the court, the court shall place the offender, regardless	42283
of the offender's county of residence, under the general control	42284
and supervision of the adult parole authority for purposes of	42285
reporting to the court a violation of any of the sanctions, any	42286
condition of release under a community control sanction imposed by	42287
the court, a violation of law, or the departure of the offender	42288
from this state without the permission of the court or the	42289
offender's probation officer.	42290

(b) If the court imposing sentence upon an offender sentences	42291
the offender to any community control sanction or combination of	42292
community control sanctions authorized pursuant to section	42293
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	42294
offender violates any condition of the sanctions, any condition of	42295
release under a community control sanction imposed by the court,	42296
violates any law, or departs the state without the permission of	42297
the court or the offender's probation officer, the public or	42298
private person or entity that operates or administers the sanction	42299
or the program or activity that comprises the sanction shall	42300
report the violation or departure directly to the sentencing	42301
court, or shall report the violation or departure to the county or	42302
multicounty department of probation with general control and	42303
supervision over the offender under division (A)(2)(a) of this	42304
section or the officer of that department who supervises the	42305
offender, or, if there is no such department with general control	42306
and supervision over the offender under that division, to the	42307
adult parole authority. If the public or private person or entity	42308
that operates or administers the sanction or the program or	42309
activity that comprises the sanction reports the violation or	42310
departure to the county or multicounty department of probation or	42311
the adult parole authority, the department's or authority's	42312
officers may treat the offender as if the offender were on	42313
probation and in violation of the probation, and shall report the	42314
violation of the condition of the sanction, any condition of	42315
release under a community control sanction imposed by the court,	42316
the violation of law, or the departure from the state without the	42317
required permission to the sentencing court.	42318

(3) If an offender who is eligible for community control	42319
sanctions under this section admits to being drug addicted or the	42320
court has reason to believe that the offender is drug addicted,	42321
and if the offense for which the offender is being sentenced was	42322
related to the addiction, the court may require that the offender	42323
be assessed by a properly credentialed professional within a	42324
specified period of time and shall require the professional to	42325
file a written assessment of the offender with the court. If a	42326
court imposes treatment and recovery support services as a	42327
community control sanction, the court shall direct the level and	42328
type of treatment and recovery support services after	42329
consideration of the written assessment, if available at the time	42330
of sentencing, and recommendations of the professional and other	42331
treatment and recovery support services providers.	42332

(4) If an assessment completed pursuant to division (A)(3) of	42333
this section indicates that the offender is addicted to drugs or	42334
alcohol, the court may include in any community control sanction	42335
imposed for a violation of section 2925.02, 2925.03, 2925.04,	42336
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or	42337
2925.37 of the Revised Code a requirement that the offender	42338
participate in a treatment and recovery support services program	42339
certified under section ~~3793.06~~5119.36 of the Revised Code or	42340
offered by another properly credentialed ~~program~~community	42341
addiction services provider.	42342

(B)(1) If the conditions of a community control sanction are	42343
violated or if the offender violates a law or leaves the state	42344
without the permission of the court or the offender's probation	42345
officer, the sentencing court may impose upon the violator one or	42346
more of the following penalties:	42347

(a) A longer time under the same sanction if the total time	42348
under the sanctions does not exceed the five-year limit specified	42349
in division (A) of this section;	42350

(b) A more restrictive sanction under section 2929.16,	42351
2929.17, or 2929.18 of the Revised Code;	42352

(c) A prison term on the offender pursuant to section 2929.14	42353
of the Revised Code.	42354

(2) The prison term, if any, imposed upon a violator pursuant	42355
to this division shall be within the range of prison terms	42356
available for the offense for which the sanction that was violated	42357
was imposed and shall not exceed the prison term specified in the	42358
notice provided to the offender at the sentencing hearing pursuant	42359
to division (B)(2) of section 2929.19 of the Revised Code. The	42360
court may reduce the longer period of time that the offender is	42361
required to spend under the longer sanction, the more restrictive	42362
sanction, or a prison term imposed pursuant to this division by	42363
the time the offender successfully spent under the sanction that	42364
was initially imposed.	42365

(C) If an offender, for a significant period of time,	42366
fulfills the conditions of a sanction imposed pursuant to section	42367
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	42368
manner, the court may reduce the period of time under the sanction	42369
or impose a less restrictive sanction, but the court shall not	42370
permit the offender to violate any law or permit the offender to	42371
leave the state without the permission of the court or the	42372
offender's probation officer.	42373

(D)(1) If a court under division (A)(1) of this section	42374
imposes a condition of release under a community control sanction	42375
that requires the offender to submit to random drug testing, the	42376
department of probation or the adult parole authority that has	42377
general control and supervision of the offender under division	42378
(A)(2)(a) of this section may cause the offender to submit to	42379
random drug testing performed by a laboratory or entity that has	42380
entered into a contract with any of the governmental entities or	42381
officers authorized to enter into a contract with that laboratory	42382
or entity under section 341.26, 753.33, or 5120.63 of the Revised	42383
Code.	42384

(2) If no laboratory or entity described in division (D)(1)	42385
of this section has entered into a contract as specified in that	42386
division, the department of probation or the adult parole	42387
authority that has general control and supervision of the offender	42388
under division (A)(2)(a) of this section shall cause the offender	42389
to submit to random drug testing performed by a reputable public	42390
laboratory to determine whether the individual who is the subject	42391
of the drug test ingested or was injected with a drug of abuse.	42392

(3) A laboratory or entity that has entered into a contract	42393
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	42394
shall perform the random drug tests under division (D)(1) of this	42395
section in accordance with the applicable standards that are	42396
included in the terms of that contract. A public laboratory shall	42397
perform the random drug tests under division (D)(2) of this	42398
section in accordance with the standards set forth in the policies	42399
and procedures established by the department of rehabilitation and	42400
correction pursuant to section 5120.63 of the Revised Code. An	42401
offender who is required under division (A)(1) of this section to	42402
submit to random drug testing as a condition of release under a	42403
community control sanction and whose test results indicate that	42404
the offender ingested or was injected with a drug of abuse shall	42405
pay the fee for the drug test if the department of probation or	42406
the adult parole authority that has general control and	42407
supervision of the offender requires payment of a fee. A	42408
laboratory or entity that performs the random drug testing on an	42409
offender under division (D)(1) or (2) of this section shall	42410
transmit the results of the drug test to the appropriate	42411
department of probation or the adult parole authority that has	42412
general control and supervision of the offender under division	42413
(A)(2)(a) of this section.	42414

Sec. 2929.18. (A) Except as otherwise provided in this	42415
division and in addition to imposing court costs pursuant to	42416
section 2947.23 of the Revised Code, the court imposing a sentence	42417
upon an offender for a felony may sentence the offender to any	42418
financial sanction or combination of financial sanctions	42419
authorized under this section or, in the circumstances specified	42420
in section 2929.32 of the Revised Code, may impose upon the	42421
offender a fine in accordance with that section. Financial	42422
sanctions that may be imposed pursuant to this section include,	42423
but are not limited to, the following:	42424

(1) Restitution by the offender to the victim of the	42425
offender's crime or any survivor of the victim, in an amount based	42426
on the victim's economic loss. If the court imposes restitution,	42427
the court shall order that the restitution be made to the victim	42428
in open court, to the adult probation department that serves the	42429
county on behalf of the victim, to the clerk of courts, or to	42430
another agency designated by the court. If the court imposes	42431
restitution, at sentencing, the court shall determine the amount	42432
of restitution to be made by the offender. If the court imposes	42433
restitution, the court may base the amount of restitution it	42434
orders on an amount recommended by the victim, the offender, a	42435
presentence investigation report, estimates or receipts indicating	42436
the cost of repairing or replacing property, and other	42437
information, provided that the amount the court orders as	42438
restitution shall not exceed the amount of the economic loss	42439
suffered by the victim as a direct and proximate result of the	42440
commission of the offense. If the court decides to impose	42441
restitution, the court shall hold a hearing on restitution if the	42442
offender, victim, or survivor disputes the amount. All restitution	42443
payments shall be credited against any recovery of economic loss	42444
in a civil action brought by the victim or any survivor of the	42445
victim against the offender.	42446

If the court imposes restitution, the court may order that	42447
the offender pay a surcharge of not more than five per cent of the	42448
amount of the restitution otherwise ordered to the entity	42449
responsible for collecting and processing restitution payments.	42450

The victim or survivor may request that the prosecutor in the	42451
case file a motion, or the offender may file a motion, for	42452
modification of the payment terms of any restitution ordered. If	42453
the court grants the motion, it may modify the payment terms as it	42454
determines appropriate.	42455

(2) Except as provided in division (B)(1), (3), or (4) of	42456
this section, a fine payable by the offender to the state, to a	42457
political subdivision, or as described in division (B)(2) of this	42458
section to one or more law enforcement agencies, with the amount	42459
of the fine based on a standard percentage of the offender's daily	42460
income over a period of time determined by the court and based	42461
upon the seriousness of the offense. A fine ordered under this	42462
division shall not exceed the maximum conventional fine amount	42463
authorized for the level of the offense under division (A)(3) of	42464
this section.	42465

(3) Except as provided in division (B)(1), (3), or (4) of	42466
this section, a fine payable by the offender to the state, to a	42467
political subdivision when appropriate for a felony, or as	42468
described in division (B)(2) of this section to one or more law	42469
enforcement agencies, in the following amount:	42470

(a) For a felony of the first degree, not more than twenty	42471
thousand dollars;	42472

(b) For a felony of the second degree, not more than fifteen	42473
thousand dollars;	42474

(c) For a felony of the third degree, not more than ten	42475
thousand dollars;	42476

(d) For a felony of the fourth degree, not more than five	42477
thousand dollars;	42478

(e) For a felony of the fifth degree, not more than two	42479
thousand five hundred dollars.	42480

(4) A state fine or costs as defined in section 2949.111 of	42481
the Revised Code.	42482

(5)(a) Reimbursement by the offender of any or all of the	42483
costs of sanctions incurred by the government, including the	42484
following:	42485

(i) All or part of the costs of implementing any community	42486
control sanction, including a supervision fee under section	42487
2951.021 of the Revised Code;	42488

(ii) All or part of the costs of confinement under a sanction	42489
imposed pursuant to section 2929.14, 2929.142, or 2929.16 of the	42490
Revised Code, provided that the amount of reimbursement ordered	42491
under this division shall not exceed the total amount of	42492
reimbursement the offender is able to pay as determined at a	42493
hearing and shall not exceed the actual cost of the confinement;	42494

(iii) All or part of the cost of purchasing and using an	42495
immobilizing or disabling device, including a certified ignition	42496
interlock device, or a remote alcohol monitoring device that a	42497
court orders an offender to use under section 4510.13 of the	42498
Revised Code.	42499

(b) If the offender is sentenced to a sanction of confinement	42500
pursuant to section 2929.14 or 2929.16 of the Revised Code that is	42501
to be served in a facility operated by a board of county	42502
commissioners, a legislative authority of a municipal corporation,	42503
or another local governmental entity, if, pursuant to section	42504
307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56,	42505
or 2947.19 of the Revised Code and section 2929.37 of the Revised	42506
Code, the board, legislative authority, or other local	42507
governmental entity requires prisoners to reimburse the county,	42508
municipal corporation, or other entity for its expenses incurred	42509
by reason of the prisoner's confinement, and if the court does not	42510
impose a financial sanction under division (A)(5)(a)(ii) of this	42511
section, confinement costs may be assessed pursuant to section	42512
2929.37 of the Revised Code. In addition, the offender may be	42513
required to pay the fees specified in section 2929.38 of the	42514
Revised Code in accordance with that section.	42515

(c) Reimbursement by the offender for costs pursuant to	42516
section 2929.71 of the Revised Code.	42517

(B)(1) For a first, second, or third degree felony violation	42518
of any provision of Chapter 2925., 3719., or 4729. of the Revised	42519
Code, the sentencing court shall impose upon the offender a	42520
mandatory fine of at least one-half of, but not more than, the	42521
maximum statutory fine amount authorized for the level of the	42522
offense pursuant to division (A)(3) of this section. If an	42523
offender alleges in an affidavit filed with the court prior to	42524
sentencing that the offender is indigent and unable to pay the	42525
mandatory fine and if the court determines the offender is an	42526
indigent person and is unable to pay the mandatory fine described	42527
in this division, the court shall not impose the mandatory fine	42528
upon the offender.	42529

(2) Any mandatory fine imposed upon an offender under	42530
division (B)(1) of this section and any fine imposed upon an	42531
offender under division (A)(2) or (3) of this section for any	42532
fourth or fifth degree felony violation of any provision of	42533
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid	42534
to law enforcement agencies pursuant to division (F) of section	42535
2925.03 of the Revised Code.	42536

(3) For a fourth degree felony OVI offense and for a third	42537
degree felony OVI offense, the sentencing court shall impose upon	42538
the offender a mandatory fine in the amount specified in division	42539
(G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever	42540
is applicable. The mandatory fine so imposed shall be disbursed as	42541
provided in the division pursuant to which it is imposed.	42542

(4) Notwithstanding any fine otherwise authorized or required	42543
to be imposed under division (A)(2) or (3) or (B)(1) of this	42544
section or section 2929.31 of the Revised Code for a violation of	42545
section 2925.03 of the Revised Code, in addition to any penalty or	42546
sanction imposed for that offense under section 2925.03 or	42547
sections 2929.11 to 2929.18 of the Revised Code and in addition to	42548
the forfeiture of property in connection with the offense as	42549
prescribed in Chapter 2981. of the Revised Code, the court that	42550
sentences an offender for a violation of section 2925.03 of the	42551
Revised Code may impose upon the offender a fine in addition to	42552
any fine imposed under division (A)(2) or (3) of this section and	42553
in addition to any mandatory fine imposed under division (B)(1) of	42554
this section. The fine imposed under division (B)(4) of this	42555
section shall be used as provided in division (H) of section	42556
2925.03 of the Revised Code. A fine imposed under division (B)(4)	42557
of this section shall not exceed whichever of the following is	42558
applicable:	42559

(a) The total value of any personal or real property in which	42560
the offender has an interest and that was used in the course of,	42561
intended for use in the course of, derived from, or realized	42562
through conduct in violation of section 2925.03 of the Revised	42563
Code, including any property that constitutes proceeds derived	42564
from that offense;	42565

(b) If the offender has no interest in any property of the	42566
type described in division (B)(4)(a) of this section or if it is	42567
not possible to ascertain whether the offender has an interest in	42568
any property of that type in which the offender may have an	42569
interest, the amount of the mandatory fine for the offense imposed	42570
under division (B)(1) of this section or, if no mandatory fine is	42571
imposed under division (B)(1) of this section, the amount of the	42572
fine authorized for the level of the offense imposed under	42573
division (A)(3) of this section.	42574

(5) Prior to imposing a fine under division (B)(4) of this	42575
section, the court shall determine whether the offender has an	42576
interest in any property of the type described in division	42577
(B)(4)(a) of this section. Except as provided in division (B)(6)	42578
or (7) of this section, a fine that is authorized and imposed	42579
under division (B)(4) of this section does not limit or affect the	42580
imposition of the penalties and sanctions for a violation of	42581
section 2925.03 of the Revised Code prescribed under those	42582
sections or sections 2929.11 to 2929.18 of the Revised Code and	42583
does not limit or affect a forfeiture of property in connection	42584
with the offense as prescribed in Chapter 2981. of the Revised	42585
Code.	42586

(6) If the sum total of a mandatory fine amount imposed for a	42587
first, second, or third degree felony violation of section 2925.03	42588
of the Revised Code under division (B)(1) of this section plus the	42589
amount of any fine imposed under division (B)(4) of this section	42590
does not exceed the maximum statutory fine amount authorized for	42591
the level of the offense under division (A)(3) of this section or	42592
section 2929.31 of the Revised Code, the court may impose a fine	42593
for the offense in addition to the mandatory fine and the fine	42594
imposed under division (B)(4) of this section. The sum total of	42595
the amounts of the mandatory fine, the fine imposed under division	42596
(B)(4) of this section, and the additional fine imposed under	42597
division (B)(6) of this section shall not exceed the maximum	42598
statutory fine amount authorized for the level of the offense	42599
under division (A)(3) of this section or section 2929.31 of the	42600
Revised Code. The clerk of the court shall pay any fine that is	42601
imposed under division (B)(6) of this section to the county,	42602
township, municipal corporation, park district as created pursuant	42603
to section 511.18 or 1545.04 of the Revised Code, or state law	42604
enforcement agencies in this state that primarily were responsible	42605
for or involved in making the arrest of, and in prosecuting, the	42606
offender pursuant to division (F) of section 2925.03 of the	42607
Revised Code.	42608

(7) If the sum total of the amount of a mandatory fine	42609
imposed for a first, second, or third degree felony violation of	42610
section 2925.03 of the Revised Code plus the amount of any fine	42611
imposed under division (B)(4) of this section exceeds the maximum	42612
statutory fine amount authorized for the level of the offense	42613
under division (A)(3) of this section or section 2929.31 of the	42614
Revised Code, the court shall not impose a fine under division	42615
(B)(6) of this section.	42616

(8)(a) If an offender who is convicted of or pleads guilty to	42617
a violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	42618
2923.32, division (A)(1) or (2) of section 2907.323, or division	42619
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	42620
Code also is convicted of or pleads guilty to a specification of	42621
the type described in section 2941.1422 of the Revised Code that	42622
charges that the offender knowingly committed the offense in	42623
furtherance of human trafficking, the sentencing court shall	42624
sentence the offender to a financial sanction of restitution by	42625
the offender to the victim or any survivor of the victim, with the	42626
restitution including the costs of housing, counseling, and	42627
medical and legal assistance incurred by the victim as a direct	42628
result of the offense and the greater of the following:	42629

(i) The gross income or value to the offender of the victim's	42630
labor or services;	42631

(ii) The value of the victim's labor as guaranteed under the	42632
minimum wage and overtime provisions of the "Federal Fair Labor	42633
Standards Act of 1938," 52 Stat. 1060, 20 U.S.C. 207, and state	42634
labor laws.	42635

(b) If a court imposing sentence upon an offender for a	42636
felony is required to impose upon the offender a financial	42637
sanction of restitution under division (B)(8)(a) of this section,	42638
in addition to that financial sanction of restitution, the court	42639
may sentence the offender to any other financial sanction or	42640
combination of financial sanctions authorized under this section,	42641
including a restitution sanction under division (A)(1) of this	42642
section.	42643

(9) In addition to any other fine that is or may be imposed	42644
under this section, the court imposing sentence upon an offender	42645
for a felony that is a sexually oriented offense or a child-victim	42646
oriented offense, as those terms are defined in section 2950.01 of	42647
the Revised Code, may impose a fine of not less than fifty nor	42648
more than five hundred dollars.	42649

(C)(1) The offender shall pay reimbursements imposed upon the	42650
offender pursuant to division (A)(5)(a) of this section to pay the	42651
costs incurred by the department of rehabilitation and correction	42652
in operating a prison or other facility used to confine offenders	42653
pursuant to sanctions imposed under section 2929.14, 2929.142, or	42654
2929.16 of the Revised Code to the treasurer of state. The	42655
treasurer of state shall deposit the reimbursements in the	42656
confinement cost reimbursement fund that is hereby created in the	42657
state treasury. The department of rehabilitation and correction	42658
shall use the amounts deposited in the fund to fund the operation	42659
of facilities used to confine offenders pursuant to sections	42660
2929.14, 2929.142, and 2929.16 of the Revised Code.	42661

(2) Except as provided in section 2951.021 of the Revised	42662
Code, the offender shall pay reimbursements imposed upon the	42663
offender pursuant to division (A)(5)(a) of this section to pay the	42664
costs incurred by a county pursuant to any sanction imposed under	42665
this section or section 2929.16 or 2929.17 of the Revised Code or	42666
in operating a facility used to confine offenders pursuant to a	42667
sanction imposed under section 2929.16 of the Revised Code to the	42668
county treasurer. The county treasurer shall deposit the	42669
reimbursements in the sanction cost reimbursement fund that each	42670
board of county commissioners shall create in its county treasury.	42671
The county shall use the amounts deposited in the fund to pay the	42672
costs incurred by the county pursuant to any sanction imposed	42673
under this section or section 2929.16 or 2929.17 of the Revised	42674
Code or in operating a facility used to confine offenders pursuant	42675
to a sanction imposed under section 2929.16 of the Revised Code.	42676

(3) Except as provided in section 2951.021 of the Revised	42677
Code, the offender shall pay reimbursements imposed upon the	42678
offender pursuant to division (A)(5)(a) of this section to pay the	42679
costs incurred by a municipal corporation pursuant to any sanction	42680
imposed under this section or section 2929.16 or 2929.17 of the	42681
Revised Code or in operating a facility used to confine offenders	42682
pursuant to a sanction imposed under section 2929.16 of the	42683
Revised Code to the treasurer of the municipal corporation. The	42684
treasurer shall deposit the reimbursements in a special fund that	42685
shall be established in the treasury of each municipal	42686
corporation. The municipal corporation shall use the amounts	42687
deposited in the fund to pay the costs incurred by the municipal	42688
corporation pursuant to any sanction imposed under this section or	42689
section 2929.16 or 2929.17 of the Revised Code or in operating a	42690
facility used to confine offenders pursuant to a sanction imposed	42691
under section 2929.16 of the Revised Code.	42692

(4) Except as provided in section 2951.021 of the Revised	42693
Code, the offender shall pay reimbursements imposed pursuant to	42694
division (A)(5)(a) of this section for the costs incurred by a	42695
private provider pursuant to a sanction imposed under this section	42696
or section 2929.16 or 2929.17 of the Revised Code to the provider.	42697

(D) Except as otherwise provided in this division, a	42698
financial sanction imposed pursuant to division (A) or (B) of this	42699
section is a judgment in favor of the state or a political	42700
subdivision in which the court that imposed the financial sanction	42701
is located, and the offender subject to the financial sanction is	42702
the judgment debtor. A financial sanction of reimbursement imposed	42703
pursuant to division (A)(5)(a)(ii) of this section upon an	42704
offender who is incarcerated in a state facility or a municipal	42705
jail is a judgment in favor of the state or the municipal	42706
corporation, and the offender subject to the financial sanction is	42707
the judgment debtor. A financial sanction of reimbursement imposed	42708
upon an offender pursuant to this section for costs incurred by a	42709
private provider of sanctions is a judgment in favor of the	42710
private provider, and the offender subject to the financial	42711
sanction is the judgment debtor. A financial sanction of	42712
restitution imposed pursuant to division (A)(1) or (B)(8) of this	42713
section is an order in favor of the victim of the offender's	42714
criminal act that can be collected through a certificate of	42715
judgment as described in division (D)(1) of this section, through	42716
execution as described in division (D)(2) of this section, or	42717
through an order as described in division (D)(3) of this section,	42718
and the offender shall be considered for purposes of the	42719
collection as the judgment debtor. Imposition of a financial	42720
sanction and execution on the judgment does not preclude any other	42721
power of the court to impose or enforce sanctions on the offender.	42722
Once the financial sanction is imposed as a judgment or order	42723
under this division, the victim, private provider, state, or	42724
political subdivision may do any of the following:	42725

(1) Obtain from the clerk of the court in which the judgment	42726
was entered a certificate of judgment that shall be in the same	42727
manner and form as a certificate of judgment issued in a civil	42728
action;	42729

(2) Obtain execution of the judgment or order through any	42730
available procedure, including:	42731

(a) An execution against the property of the judgment debtor	42732
under Chapter 2329. of the Revised Code;	42733

(b) An execution against the person of the judgment debtor	42734
under Chapter 2331. of the Revised Code;	42735

(c) A proceeding in aid of execution under Chapter 2333. of	42736
the Revised Code, including:	42737

(i) A proceeding for the examination of the judgment debtor	42738
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27	42739
of the Revised Code;	42740

(ii) A proceeding for attachment of the person of the	42741
judgment debtor under section 2333.28 of the Revised Code;	42742

(iii) A creditor's suit under section 2333.01 of the Revised	42743
Code.	42744

(d) The attachment of the property of the judgment debtor	42745
under Chapter 2715. of the Revised Code;	42746

(e) The garnishment of the property of the judgment debtor	42747
under Chapter 2716. of the Revised Code.	42748

(3) Obtain an order for the assignment of wages of the	42749
judgment debtor under section 1321.33 of the Revised Code.	42750

(E) A court that imposes a financial sanction upon an	42751
offender may hold a hearing if necessary to determine whether the	42752
offender is able to pay the sanction or is likely in the future to	42753
be able to pay it.	42754

(F) Each court imposing a financial sanction upon an offender	42755
under this section or under section 2929.32 of the Revised Code	42756
may designate the clerk of the court or another person to collect	42757
the financial sanction. The clerk or other person authorized by	42758
law or the court to collect the financial sanction may enter into	42759
contracts with one or more public agencies or private vendors for	42760
the collection of, amounts due under the financial sanction	42761
imposed pursuant to this section or section 2929.32 of the Revised	42762
Code. Before entering into a contract for the collection of	42763
amounts due from an offender pursuant to any financial sanction	42764
imposed pursuant to this section or section 2929.32 of the Revised	42765
Code, a court shall comply with sections 307.86 to 307.92 of the	42766
Revised Code.	42767

(G) If a court that imposes a financial sanction under	42768
division (A) or (B) of this section finds that an offender	42769
satisfactorily has completed all other sanctions imposed upon the	42770
offender and that all restitution that has been ordered has been	42771
paid as ordered, the court may suspend any financial sanctions	42772
imposed pursuant to this section or section 2929.32 of the Revised	42773
Code that have not been paid.	42774

(H) No financial sanction imposed under this section or	42775
section 2929.32 of the Revised Code shall preclude a victim from	42776
bringing a civil action against the offender.	42777

Sec. 2930.01. As used in this chapter:

42778

(A) "Crime" means any of the following:

42779

(1) A felony;

42780

(2) A violation of section 2903.05, 2903.06, 2903.13,	42781
2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the	42782
Revised Code, a violation of section 2903.07 of the Revised Code	42783
as it existed prior to March 23, 2000, or a violation of a	42784
substantially equivalent municipal ordinance;	42785

(3) A violation of division (A) or (B) of section 4511.19,	42786
division (A) or (B) of section 1547.11, or division (A)(3) of	42787
section 4561.15 of the Revised Code or of a municipal ordinance	42788
substantially similar to any of those divisions that is the	42789
proximate cause of a vehicle, streetcar, trackless trolley,	42790
aquatic device, or aircraft accident in which the victim receives	42791
injuries for which the victim receives medical treatment either at	42792
the scene of the accident by emergency medical services personnel	42793
or at a hospital, ambulatory care facility, physician's office,	42794
specialist's office, or other medical care facility.	42795

(4) A motor vehicle accident to which both of the following	42796
apply:	42797

(a) The motor vehicle accident is caused by a violation of a	42798
provision of the Revised Code that is a misdemeanor of the first	42799
degree or higher.	42800

(b) As a result of the motor vehicle accident, the victim	42801
receives injuries for which the victim receives medical treatment	42802
either at the scene of the accident by emergency medical services	42803
personnel or at a hospital, ambulatory care facility, physician's	42804
office, specialist's office, or other medical care facility.	42805

(B) "Custodial agency" means one of the following:

42806

(1) The entity that has custody of a defendant or an alleged	42807
juvenile offender who is incarcerated for a crime, is under	42808
detention for the commission of a specified delinquent act, or who	42809
is detained after a finding of incompetence to stand trial or not	42810
guilty by reason of insanity relative to a crime, including any of	42811
the following:	42812

(a) The department of rehabilitation and correction or the	42813
adult parole authority;	42814

(b) A county sheriff;

42815

(c) The entity that administers a jail, as defined in section	42816
2929.01 of the Revised Code;	42817

(d) The entity that administers a community-based	42818
correctional facility and program or a district community-based	42819
correctional facility and program;	42820

(e) The department of ~~mental health~~mental health and	42821
addiction services or other entity to which a defendant found	42822
incompetent to stand trial or not guilty by reason of insanity is	42823
committed.	42824

(2) The entity that has custody of an alleged juvenile	42825
offender pursuant to an order of disposition of a juvenile court,	42826
including the department of youth services or a school, camp,	42827
institution, or other facility operated for the care of delinquent	42828
children.	42829

(C) "Defendant" means a person who is alleged to be the	42830
perpetrator of a crime in a police report or in a complaint,	42831
indictment, or information that charges the commission of a crime	42832
and that provides the basis for the criminal prosecution and	42833
subsequent proceedings to which this chapter makes reference.	42834

(D) "Member of the victim's family" means a spouse, child,	42835
stepchild, sibling, parent, stepparent, grandparent, or other	42836
relative of a victim but does not include a person who is charged	42837
with, convicted of, or adjudicated to be a delinquent child for	42838
the crime or specified delinquent act against the victim or	42839
another crime or specified delinquent act arising from the same	42840
conduct, criminal episode, or plan.	42841

(E) "Prosecutor" means one of the following:

42842

(1) With respect to a criminal case, it has the same meaning	42843
as in section 2935.01 of the Revised Code and also includes the	42844
attorney general and, when appropriate, the employees of any	42845
person listed in section 2935.01 of the Revised Code or of the	42846
attorney general.	42847

(2) With respect to a delinquency proceeding, it includes any	42848
person listed in division (C) of section 2935.01 of the Revised	42849
Code or an employee of a person listed in that division who	42850
prosecutes a delinquency proceeding.	42851

(F) "Public agency" means an office, agency, department,	42852
bureau, or other governmental entity of the state or of a	42853
political subdivision of the state.	42854

(G) "Public official" has the same meaning as in section	42855
2921.01 of the Revised Code.	42856

(H) "Victim" means either of the following:

42857

(1) A person who is identified as the victim of a crime or	42858
specified delinquent act in a police report or in a complaint,	42859
indictment, or information that charges the commission of a crime	42860
and that provides the basis for the criminal prosecution or	42861
delinquency proceeding and subsequent proceedings to which this	42862
chapter makes reference.	42863

(2) A person who receives injuries as a result of a vehicle,	42864
streetcar, trackless trolley, aquatic device, or aircraft accident	42865
that is proximately caused by a violation described in division	42866
(A)(3) of this section or a motor vehicle accident that is	42867
proximately caused by a violation described in division (A)(4) of	42868
this section and who receives medical treatment as described in	42869
division (A)(3) or (4) of this section, whichever is applicable.	42870

(I) "Victim's representative" means a member of the victim's	42871
family or another person who pursuant to the authority of section	42872
2930.02 of the Revised Code exercises the rights of a victim under	42873
this chapter.	42874

(J) "Court" means a court of common pleas, juvenile court,	42875
municipal court, or county court.	42876

(K) "Delinquency proceeding" means all proceedings in a	42877
juvenile court that are related to a case in which a complaint has	42878
been filed alleging that a child is a delinquent child.	42879

(L) "Case" means a delinquency proceeding and all related	42880
activity or a criminal prosecution and all related activity.	42881

(M) The "defense" means the defense against criminal charges	42882
in a criminal prosecution or the defense against a delinquent	42883
child complaint in a delinquency proceeding.	42884

(N) The "prosecution" means the prosecution of criminal	42885
charges in a criminal prosecution or the prosecution of a	42886
delinquent child complaint in a delinquency proceeding.	42887

(O) "Specified delinquent act" means any of the following:

42888

(1) An act committed by a child that if committed by an adult	42889
would be a felony;	42890

(2) An act committed by a child that is a violation of a	42891
section listed in division (A)(1) or (2) of this section or is a	42892
violation of a substantially equivalent municipal ordinance;	42893

(3) An act committed by a child that is described in division	42894
(A)(3) or (4) of this section.	42895

(P)(1) "Alleged juvenile offender" means a child who is	42896
alleged to have committed a specified delinquent act in a police	42897
report or in a complaint in juvenile court that charges the	42898
commission of a specified delinquent act and that provides the	42899
basis for the delinquency proceeding and all subsequent	42900
proceedings to which this chapter makes reference.	42901

(2) As used in divisions (O) and (P)(1) of this section,	42902
"child" has the same meaning as in section 2151.011 of the Revised	42903
Code.	42904

(Q) "Motor vehicle accident" means any accident involving a	42905
motor vehicle.	42906

(R) "Motor vehicle" has the same meaning as in section	42907
4509.01 of the Revised Code.	42908

(S) "Aircraft" has the same meaning as in section 4561.01 of	42909
the Revised Code.	42910

(T) "Aquatic device" means any vessel, or any water skis,	42911
aquaplane, or similar device.	42912

(U) "Vehicle," "streetcar," and "trackless trolley" have the	42913
same meanings as in section 4511.01 of the Revised Code.	42914

(V) "Vehicle, streetcar, trackless trolley, aquatic device,	42915
or aircraft accident" means any accident involving a vehicle,	42916
streetcar, trackless trolley, aquatic device, or aircraft.	42917

(W) "Vessel" has the same meaning as in section 1547.01 of	42918
the Revised Code.	42919

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	42920
deputy marshal, municipal police officer, township constable,	42921
police officer of a township or joint police district, member of a	42922
police force employed by a metropolitan housing authority under	42923
division (D) of section 3735.31 of the Revised Code, member of a	42924
police force employed by a regional transit authority under	42925
division (Y) of section 306.35 of the Revised Code, state	42926
university law enforcement officer appointed under section 3345.04	42927
of the Revised Code, veterans' home police officer appointed under	42928
section 5907.02 of the Revised Code, special police officer	42929
employed by a port authority under section 4582.04 or 4582.28 of	42930
the Revised Code, or a special police officer employed by a	42931
municipal corporation at a municipal airport, or other municipal	42932
air navigation facility, that has scheduled operations, as defined	42933
in section 119.3 of Title 14 of the Code of Federal Regulations,	42934
14 C.F.R. 119.3, as amended, and that is required to be under a	42935
security program and is governed by aviation security rules of the	42936
transportation security administration of the United States	42937
department of transportation as provided in Parts 1542. and 1544.	42938
of Title 49 of the Code of Federal Regulations, as amended, shall	42939
arrest and detain, until a warrant can be obtained, a person found	42940
violating, within the limits of the political subdivision,	42941
metropolitan housing authority housing project, regional transit	42942
authority facilities or areas of a municipal corporation that have	42943
been agreed to by a regional transit authority and a municipal	42944
corporation located within its territorial jurisdiction, college,	42945
university, veterans' home operated under Chapter 5907. of the	42946
Revised Code, port authority, or municipal airport or other	42947
municipal air navigation facility, in which the peace officer is	42948
appointed, employed, or elected, a law of this state, an ordinance	42949
of a municipal corporation, or a resolution of a township.	42950

(2) A peace officer of the department of natural resources, a	42951
state fire marshal law enforcement officer described in division	42952
(A)(23) of section 109.71 of the Revised Code, or an individual	42953
designated to perform law enforcement duties under section	42954
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	42955
detain, until a warrant can be obtained, a person found violating,	42956
within the limits of the peace officer's, state fire marshal law	42957
enforcement officer's, or individual's territorial jurisdiction, a	42958
law of this state.	42959

(3) The house sergeant at arms, if the house sergeant at arms	42960
has arrest authority pursuant to division (E)(1) of section	42961
101.311 of the Revised Code, and an assistant house sergeant at	42962
arms shall arrest and detain, until a warrant can be obtained, a	42963
person found violating, within the limits of the sergeant at	42964
arms's or assistant sergeant at arms's territorial jurisdiction	42965
specified in division (D)(1)(a) of section 101.311 of the Revised	42966
Code or while providing security pursuant to division (D)(1)(f) of	42967
section 101.311 of the Revised Code, a law of this state, an	42968
ordinance of a municipal corporation, or a resolution of a	42969
township.	42970

(4) The senate sergeant at arms and an assistant senate	42971
sergeant at arms shall arrest and detain, until a warrant can be	42972
obtained, a person found violating, within the limits of the	42973
sergeant at arms's or assistant sergeant at arms's territorial	42974
jurisdiction specified in division (B) of section 101.312 of the	42975
Revised Code, a law of this state, an ordinance of a municipal	42976
corporation, or a resolution of a township.	42977

(B)(1) When there is reasonable ground to believe that an	42978
offense of violence, the offense of criminal child enticement as	42979
defined in section 2905.05 of the Revised Code, the offense of	42980
public indecency as defined in section 2907.09 of the Revised	42981
Code, the offense of domestic violence as defined in section	42982
2919.25 of the Revised Code, the offense of violating a protection	42983
order as defined in section 2919.27 of the Revised Code, the	42984
offense of menacing by stalking as defined in section 2903.211 of	42985
the Revised Code, the offense of aggravated trespass as defined in	42986
section 2911.211 of the Revised Code, a theft offense as defined	42987
in section 2913.01 of the Revised Code, or a felony drug abuse	42988
offense as defined in section 2925.01 of the Revised Code, has	42989
been committed within the limits of the political subdivision,	42990
metropolitan housing authority housing project, regional transit	42991
authority facilities or those areas of a municipal corporation	42992
that have been agreed to by a regional transit authority and a	42993
municipal corporation located within its territorial jurisdiction,	42994
college, university, veterans' home operated under Chapter 5907.	42995
of the Revised Code, port authority, or municipal airport or other	42996
municipal air navigation facility, in which the peace officer is	42997
appointed, employed, or elected or within the limits of the	42998
territorial jurisdiction of the peace officer, a peace officer	42999
described in division (A) of this section may arrest and detain	43000
until a warrant can be obtained any person who the peace officer	43001
has reasonable cause to believe is guilty of the violation.	43002

(2) For purposes of division (B)(1) of this section, the	43003
execution of any of the following constitutes reasonable ground to	43004
believe that the offense alleged in the statement was committed	43005
and reasonable cause to believe that the person alleged in the	43006
statement to have committed the offense is guilty of the	43007
violation:	43008

(a) A written statement by a person alleging that an alleged	43009
offender has committed the offense of menacing by stalking or	43010
aggravated trespass;	43011

(b) A written statement by the administrator of the	43012
interstate compact on mental health appointed under section	43013
~~5119.51~~5119.71 of the Revised Code alleging that a person who had	43014
been hospitalized, institutionalized, or confined in any facility	43015
under an order made pursuant to or under authority of section	43016
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	43017
2945.402 of the Revised Code has escaped from the facility, from	43018
confinement in a vehicle for transportation to or from the	43019
facility, or from supervision by an employee of the facility that	43020
is incidental to hospitalization, institutionalization, or	43021
confinement in the facility and that occurs outside of the	43022
facility, in violation of section 2921.34 of the Revised Code;	43023

(c) A written statement by the administrator of any facility	43024
in which a person has been hospitalized, institutionalized, or	43025
confined under an order made pursuant to or under authority of	43026
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	43027
2945.402 of the Revised Code alleging that the person has escaped	43028
from the facility, from confinement in a vehicle for	43029
transportation to or from the facility, or from supervision by an	43030
employee of the facility that is incidental to hospitalization,	43031
institutionalization, or confinement in the facility and that	43032
occurs outside of the facility, in violation of section 2921.34 of	43033
the Revised Code.	43034

(3)(a) For purposes of division (B)(1) of this section, a	43035
peace officer described in division (A) of this section has	43036
reasonable grounds to believe that the offense of domestic	43037
violence or the offense of violating a protection order has been	43038
committed and reasonable cause to believe that a particular person	43039
is guilty of committing the offense if any of the following	43040
occurs:	43041

(i) A person executes a written statement alleging that the	43042
person in question has committed the offense of domestic violence	43043
or the offense of violating a protection order against the person	43044
who executes the statement or against a child of the person who	43045
executes the statement.	43046

(ii) No written statement of the type described in division	43047
(B)(3)(a)(i) of this section is executed, but the peace officer,	43048
based upon the peace officer's own knowledge and observation of	43049
the facts and circumstances of the alleged incident of the offense	43050
of domestic violence or the alleged incident of the offense of	43051
violating a protection order or based upon any other information,	43052
including, but not limited to, any reasonably trustworthy	43053
information given to the peace officer by the alleged victim of	43054
the alleged incident of the offense or any witness of the alleged	43055
incident of the offense, concludes that there are reasonable	43056
grounds to believe that the offense of domestic violence or the	43057
offense of violating a protection order has been committed and	43058
reasonable cause to believe that the person in question is guilty	43059
of committing the offense.	43060

(iii) No written statement of the type described in division	43061
(B)(3)(a)(i) of this section is executed, but the peace officer	43062
witnessed the person in question commit the offense of domestic	43063
violence or the offense of violating a protection order.	43064

(b) If pursuant to division (B)(3)(a) of this section a peace	43065
officer has reasonable grounds to believe that the offense of	43066
domestic violence or the offense of violating a protection order	43067
has been committed and reasonable cause to believe that a	43068
particular person is guilty of committing the offense, it is the	43069
preferred course of action in this state that the officer arrest	43070
and detain that person pursuant to division (B)(1) of this section	43071
until a warrant can be obtained.	43072

If pursuant to division (B)(3)(a) of this section a peace	43073
officer has reasonable grounds to believe that the offense of	43074
domestic violence or the offense of violating a protection order	43075
has been committed and reasonable cause to believe that family or	43076
household members have committed the offense against each other,	43077
it is the preferred course of action in this state that the	43078
officer, pursuant to division (B)(1) of this section, arrest and	43079
detain until a warrant can be obtained the family or household	43080
member who committed the offense and whom the officer has	43081
reasonable cause to believe is the primary physical aggressor.	43082
There is no preferred course of action in this state regarding any	43083
other family or household member who committed the offense and	43084
whom the officer does not have reasonable cause to believe is the	43085
primary physical aggressor, but, pursuant to division (B)(1) of	43086
this section, the peace officer may arrest and detain until a	43087
warrant can be obtained any other family or household member who	43088
committed the offense and whom the officer does not have	43089
reasonable cause to believe is the primary physical aggressor.	43090

(c) If a peace officer described in division (A) of this	43091
section does not arrest and detain a person whom the officer has	43092
reasonable cause to believe committed the offense of domestic	43093
violence or the offense of violating a protection order when it is	43094
the preferred course of action in this state pursuant to division	43095
(B)(3)(b) of this section that the officer arrest that person, the	43096
officer shall articulate in the written report of the incident	43097
required by section 2935.032 of the Revised Code a clear statement	43098
of the officer's reasons for not arresting and detaining that	43099
person until a warrant can be obtained.	43100

(d) In determining for purposes of division (B)(3)(b) of this	43101
section which family or household member is the primary physical	43102
aggressor in a situation in which family or household members have	43103
committed the offense of domestic violence or the offense of	43104
violating a protection order against each other, a peace officer	43105
described in division (A) of this section, in addition to any	43106
other relevant circumstances, should consider all of the	43107
following:	43108

(i) Any history of domestic violence or of any other violent	43109
acts by either person involved in the alleged offense that the	43110
officer reasonably can ascertain;	43111

(ii) If violence is alleged, whether the alleged violence was	43112
caused by a person acting in self-defense;	43113

(iii) Each person's fear of physical harm, if any, resulting	43114
from the other person's threatened use of force against any person	43115
or resulting from the other person's use or history of the use of	43116
force against any person, and the reasonableness of that fear;	43117

(iv) The comparative severity of any injuries suffered by the	43118
persons involved in the alleged offense.	43119

(e)(i) A peace officer described in division (A) of this	43120
section shall not require, as a prerequisite to arresting or	43121
charging a person who has committed the offense of domestic	43122
violence or the offense of violating a protection order, that the	43123
victim of the offense specifically consent to the filing of	43124
charges against the person who has committed the offense or sign a	43125
complaint against the person who has committed the offense.	43126

(ii) If a person is arrested for or charged with committing	43127
the offense of domestic violence or the offense of violating a	43128
protection order and if the victim of the offense does not	43129
cooperate with the involved law enforcement or prosecuting	43130
authorities in the prosecution of the offense or, subsequent to	43131
the arrest or the filing of the charges, informs the involved law	43132
enforcement or prosecuting authorities that the victim does not	43133
wish the prosecution of the offense to continue or wishes to drop	43134
charges against the alleged offender relative to the offense, the	43135
involved prosecuting authorities, in determining whether to	43136
continue with the prosecution of the offense or whether to dismiss	43137
charges against the alleged offender relative to the offense and	43138
notwithstanding the victim's failure to cooperate or the victim's	43139
wishes, shall consider all facts and circumstances that are	43140
relevant to the offense, including, but not limited to, the	43141
statements and observations of the peace officers who responded to	43142
the incident that resulted in the arrest or filing of the charges	43143
and of all witnesses to that incident.	43144

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	43145
this section whether to arrest a person pursuant to division	43146
(B)(1) of this section, a peace officer described in division (A)	43147
of this section shall not consider as a factor any possible	43148
shortage of cell space at the detention facility to which the	43149
person will be taken subsequent to the person's arrest or any	43150
possibility that the person's arrest might cause, contribute to,	43151
or exacerbate overcrowding at that detention facility or at any	43152
other detention facility.	43153

(g) If a peace officer described in division (A) of this	43154
section intends pursuant to divisions (B)(3)(a) to (g) of this	43155
section to arrest a person pursuant to division (B)(1) of this	43156
section and if the officer is unable to do so because the person	43157
is not present, the officer promptly shall seek a warrant for the	43158
arrest of the person.	43159

(h) If a peace officer described in division (A) of this	43160
section responds to a report of an alleged incident of the offense	43161
of domestic violence or an alleged incident of the offense of	43162
violating a protection order and if the circumstances of the	43163
incident involved the use or threatened use of a deadly weapon or	43164
any person involved in the incident brandished a deadly weapon	43165
during or in relation to the incident, the deadly weapon that was	43166
used, threatened to be used, or brandished constitutes contraband,	43167
and, to the extent possible, the officer shall seize the deadly	43168
weapon as contraband pursuant to Chapter 2981. of the Revised	43169
Code. Upon the seizure of a deadly weapon pursuant to division	43170
(B)(3)(h) of this section, section 2981.12 of the Revised Code	43171
shall apply regarding the treatment and disposition of the deadly	43172
weapon. For purposes of that section, the "underlying criminal	43173
offense" that was the basis of the seizure of a deadly weapon	43174
under division (B)(3)(h) of this section and to which the deadly	43175
weapon had a relationship is any of the following that is	43176
applicable:	43177

(i) The alleged incident of the offense of domestic violence	43178
or the alleged incident of the offense of violating a protection	43179
order to which the officer who seized the deadly weapon responded;	43180

(ii) Any offense that arose out of the same facts and	43181
circumstances as the report of the alleged incident of the offense	43182
of domestic violence or the alleged incident of the offense of	43183
violating a protection order to which the officer who seized the	43184
deadly weapon responded.	43185

(4) If, in the circumstances described in divisions (B)(3)(a)	43186
to (g) of this section, a peace officer described in division (A)	43187
of this section arrests and detains a person pursuant to division	43188
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	43189
this section, a peace officer described in division (A) of this	43190
section seizes a deadly weapon, the officer, to the extent	43191
described in and in accordance with section 9.86 or 2744.03 of the	43192
Revised Code, is immune in any civil action for damages for	43193
injury, death, or loss to person or property that arises from or	43194
is related to the arrest and detention or the seizure.	43195

(C) When there is reasonable ground to believe that a	43196
violation of division (A)(1), (2), (3), (4), or (5) of section	43197
4506.15 or a violation of section 4511.19 of the Revised Code has	43198
been committed by a person operating a motor vehicle subject to	43199
regulation by the public utilities commission of Ohio under Title	43200
XLIX of the Revised Code, a peace officer with authority to	43201
enforce that provision of law may stop or detain the person whom	43202
the officer has reasonable cause to believe was operating the	43203
motor vehicle in violation of the division or section and, after	43204
investigating the circumstances surrounding the operation of the	43205
vehicle, may arrest and detain the person.	43206

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	43207
municipal police officer, member of a police force employed by a	43208
metropolitan housing authority under division (D) of section	43209
3735.31 of the Revised Code, member of a police force employed by	43210
a regional transit authority under division (Y) of section 306.35	43211
of the Revised Code, special police officer employed by a port	43212
authority under section 4582.04 or 4582.28 of the Revised Code,	43213
special police officer employed by a municipal corporation at a	43214
municipal airport or other municipal air navigation facility	43215
described in division (A) of this section, township constable,	43216
police officer of a township or joint police district, state	43217
university law enforcement officer appointed under section 3345.04	43218
of the Revised Code, peace officer of the department of natural	43219
resources, individual designated to perform law enforcement duties	43220
under section 511.232, 1545.13, or 6101.75 of the Revised Code,	43221
the house sergeant at arms if the house sergeant at arms has	43222
arrest authority pursuant to division (E)(1) of section 101.311 of	43223
the Revised Code, or an assistant house sergeant at arms is	43224
authorized by division (A) or (B) of this section to arrest and	43225
detain, within the limits of the political subdivision,	43226
metropolitan housing authority housing project, regional transit	43227
authority facilities or those areas of a municipal corporation	43228
that have been agreed to by a regional transit authority and a	43229
municipal corporation located within its territorial jurisdiction,	43230
port authority, municipal airport or other municipal air	43231
navigation facility, college, or university in which the officer	43232
is appointed, employed, or elected or within the limits of the	43233
territorial jurisdiction of the peace officer, a person until a	43234
warrant can be obtained, the peace officer, outside the limits of	43235
that territory, may pursue, arrest, and detain that person until a	43236
warrant can be obtained if all of the following apply:	43237

(1) The pursuit takes place without unreasonable delay after	43238
the offense is committed;	43239

(2) The pursuit is initiated within the limits of the	43240
political subdivision, metropolitan housing authority housing	43241
project, regional transit authority facilities or those areas of a	43242
municipal corporation that have been agreed to by a regional	43243
transit authority and a municipal corporation located within its	43244
territorial jurisdiction, port authority, municipal airport or	43245
other municipal air navigation facility, college, or university in	43246
which the peace officer is appointed, employed, or elected or	43247
within the limits of the territorial jurisdiction of the peace	43248
officer;	43249

(3) The offense involved is a felony, a misdemeanor of the	43250
first degree or a substantially equivalent municipal ordinance, a	43251
misdemeanor of the second degree or a substantially equivalent	43252
municipal ordinance, or any offense for which points are	43253
chargeable pursuant to section 4510.036 of the Revised Code.	43254

(E) In addition to the authority granted under division (A)	43255
or (B) of this section:	43256

(1) A sheriff or deputy sheriff may arrest and detain, until	43257
a warrant can be obtained, any person found violating section	43258
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	43259
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	43260
portion of any street or highway that is located immediately	43261
adjacent to the boundaries of the county in which the sheriff or	43262
deputy sheriff is elected or appointed.	43263

(2) A member of the police force of a township police	43264
district created under section 505.48 of the Revised Code, a	43265
member of the police force of a joint police district created	43266
under section 505.482 of the Revised Code, or a township constable	43267
appointed in accordance with section 509.01 of the Revised Code,	43268
who has received a certificate from the Ohio peace officer	43269
training commission under section 109.75 of the Revised Code, may	43270
arrest and detain, until a warrant can be obtained, any person	43271
found violating any section or chapter of the Revised Code listed	43272
in division (E)(1) of this section, other than sections 4513.33	43273
and 4513.34 of the Revised Code, on the portion of any street or	43274
highway that is located immediately adjacent to the boundaries of	43275
the township police district or joint police district, in the case	43276
of a member of a township police district or joint police district	43277
police force, or the unincorporated territory of the township, in	43278
the case of a township constable. However, if the population of	43279
the township that created the township police district served by	43280
the member's police force, or the townships and municipal	43281
corporations that created the joint police district served by the	43282
member's police force, or the township that is served by the	43283
township constable, is sixty thousand or less, the member of the	43284
township police district or joint police district police force or	43285
the township constable may not make an arrest under division	43286
(E)(2) of this section on a state highway that is included as part	43287
of the interstate system.	43288

(3) A police officer or village marshal appointed, elected,	43289
or employed by a municipal corporation may arrest and detain,	43290
until a warrant can be obtained, any person found violating any	43291
section or chapter of the Revised Code listed in division (E)(1)	43292
of this section on the portion of any street or highway that is	43293
located immediately adjacent to the boundaries of the municipal	43294
corporation in which the police officer or village marshal is	43295
appointed, elected, or employed.	43296

(4) A peace officer of the department of natural resources, a	43297
state fire marshal law enforcement officer described in division	43298
(A)(23) of section 109.71 of the Revised Code, or an individual	43299
designated to perform law enforcement duties under section	43300
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	43301
detain, until a warrant can be obtained, any person found	43302
violating any section or chapter of the Revised Code listed in	43303
division (E)(1) of this section, other than sections 4513.33 and	43304
4513.34 of the Revised Code, on the portion of any street or	43305
highway that is located immediately adjacent to the boundaries of	43306
the lands and waters that constitute the territorial jurisdiction	43307
of the peace officer or state fire marshal law enforcement	43308
officer.	43309

(F)(1) A department of ~~mental health~~mental health and	43310
addiction services special police officer or a department of	43311
developmental disabilities special police officer may arrest	43312
without a warrant and detain until a warrant can be obtained any	43313
person found committing on the premises of any institution under	43314
the jurisdiction of the particular department a misdemeanor under	43315
a law of the state.	43316

A department of ~~mental health~~mental health and addiction	43317
services special police officer or a department of developmental	43318
disabilities special police officer may arrest without a warrant	43319
and detain until a warrant can be obtained any person who has been	43320
hospitalized, institutionalized, or confined in an institution	43321
under the jurisdiction of the particular department pursuant to or	43322
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	43323
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	43324
found committing on the premises of any institution under the	43325
jurisdiction of the particular department a violation of section	43326
2921.34 of the Revised Code that involves an escape from the	43327
premises of the institution.	43328

(2)(a) If a department of ~~mental health~~mental health and	43329
addiction services special police officer or a department of	43330
developmental disabilities special police officer finds any person	43331
who has been hospitalized, institutionalized, or confined in an	43332
institution under the jurisdiction of the particular department	43333
pursuant to or under authority of section 2945.37, 2945.371,	43334
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	43335
Code committing a violation of section 2921.34 of the Revised Code	43336
that involves an escape from the premises of the institution, or	43337
if there is reasonable ground to believe that a violation of	43338
section 2921.34 of the Revised Code has been committed that	43339
involves an escape from the premises of an institution under the	43340
jurisdiction of the department of ~~mental health~~mental health and	43341
addiction services or the department of developmental disabilities	43342
and if a department of ~~mental health~~mental health and addiction	43343
services special police officer or a department of developmental	43344
disabilities special police officer has reasonable cause to	43345
believe that a particular person who has been hospitalized,	43346
institutionalized, or confined in the institution pursuant to or	43347
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	43348
2945.40, 2945.401, or 2945.402 of the Revised Code is guilty of	43349
the violation, the special police officer, outside of the premises	43350
of the institution, may pursue, arrest, and detain that person for	43351
that violation of section 2921.34 of the Revised Code, until a	43352
warrant can be obtained, if both of the following apply:	43353

(i) The pursuit takes place without unreasonable delay after	43354
the offense is committed;	43355

(ii) The pursuit is initiated within the premises of the	43356
institution from which the violation of section 2921.34 of the	43357
Revised Code occurred.	43358

(b) For purposes of division (F)(2)(a) of this section, the	43359
execution of a written statement by the administrator of the	43360
institution in which a person had been hospitalized,	43361
institutionalized, or confined pursuant to or under authority of	43362
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	43363
2945.402 of the Revised Code alleging that the person has escaped	43364
from the premises of the institution in violation of section	43365
2921.34 of the Revised Code constitutes reasonable ground to	43366
believe that the violation was committed and reasonable cause to	43367
believe that the person alleged in the statement to have committed	43368
the offense is guilty of the violation.	43369

(G) As used in this section:

43370

(1) A "department of ~~mental health~~mental health and	43371
addiction services special police officer" means a special police	43372
officer of the department of ~~mental health~~mental health and	43373
addiction services designated under section ~~5119.14~~5119.08 of the	43374
Revised Code who is certified by the Ohio peace officer training	43375
commission under section 109.77 of the Revised Code as having	43376
successfully completed an approved peace officer basic training	43377
program.	43378

(2) A "department of developmental disabilities special	43379
police officer" means a special police officer of the department	43380
of developmental disabilities designated under section 5123.13 of	43381
the Revised Code who is certified by the Ohio peace officer	43382
training council under section 109.77 of the Revised Code as	43383
having successfully completed an approved peace officer basic	43384
training program.	43385

(3) "Deadly weapon" has the same meaning as in section	43386
2923.11 of the Revised Code.	43387

(4) "Family or household member" has the same meaning as in	43388
section 2919.25 of the Revised Code.	43389

(5) "Street" or "highway" has the same meaning as in section	43390
4511.01 of the Revised Code.	43391

(6) "Interstate system" has the same meaning as in section	43392
5516.01 of the Revised Code.	43393

(7) "Peace officer of the department of natural resources"	43394
means an employee of the department of natural resources who is a	43395
natural resources law enforcement staff officer designated	43396
pursuant to section 1501.013 of the Revised Code, a forest officer	43397
designated pursuant to section 1503.29 of the Revised Code, a	43398
preserve officer designated pursuant to section 1517.10 of the	43399
Revised Code, a wildlife officer designated pursuant to section	43400
1531.13 of the Revised Code, a park officer designated pursuant to	43401
section 1541.10 of the Revised Code, or a state watercraft officer	43402
designated pursuant to section 1547.521 of the Revised Code.	43403

(8) "Portion of any street or highway" means all lanes of the	43404
street or highway irrespective of direction of travel, including	43405
designated turn lanes, and any berm, median, or shoulder.	43406

Sec. 2935.33. (A) If a person charged with a misdemeanor is	43407
taken before a judge of a court of record and if it appears to the	43408
judge that the person is an alcoholic or is suffering from acute	43409
alcohol intoxication and that the person would benefit from	43410
services provided by ~~an alcohol and drug~~a community addiction	43411
~~program~~services provider certified under Chapter ~~3793.~~5119. of	43412
the Revised Code, the judge may place the person temporarily in a	43413
~~program~~services provider certified under that chapter in the area	43414
in which the court has jurisdiction for inpatient care and	43415
treatment for an indefinite period not exceeding five days. The	43416
commitment does not limit the right to release on bail. The judge	43417
may dismiss a charge of a violation of division (B) of section	43418
2917.11 of the Revised Code or of a municipal ordinance	43419
substantially equivalent to that division if the defendant	43420
complies with all the conditions of treatment ordered by the	43421
court.	43422

The court may order that any fines or court costs collected	43423
by the court from defendants who have received inpatient care from	43424
~~an alcohol and drug~~a community addiction ~~program~~services	43425
provider be paid, for the benefit of the program, to the board of	43426
alcohol, drug addiction, and mental health services of the	43427
alcohol, drug addiction, and mental health service district in	43428
which the ~~program~~services provider is located or to the director	43429
of ~~alcohol and drug addiction services~~mental health and addiction	43430
services.	43431

(B) If a person is being sentenced for a violation of	43432
division (B) of section 2917.11 or section 4511.19 of the Revised	43433
Code, a misdemeanor violation of section 2919.25 of the Revised	43434
Code, a misdemeanor violation of section 2919.27 of the Revised	43435
Code involving a protection order issued or consent agreement	43436
approved pursuant to section 2919.26 or 3113.31 of the Revised	43437
Code, or a violation of a municipal ordinance substantially	43438
equivalent to that division or any of those sections and if it	43439
appears to the judge at the time of sentencing that the person is	43440
an alcoholic or is suffering from acute alcohol intoxication and	43441
that, in lieu of imprisonment, the person would benefit from	43442
services provided by ~~an alcohol and drug~~a community addiction	43443
~~program~~services provider certified under Chapter ~~3793.~~5119. of	43444
the Revised Code, the court may commit the person to close	43445
supervision in any facility in the area in which the court has	43446
jurisdiction that is, or is operated by, such a ~~program~~services	43447
provider. Such close supervision may include outpatient services	43448
and part-time release, except that a person convicted of a	43449
violation of division (A) of section 4511.19 of the Revised Code	43450
shall be confined to the facility for at least three days and	43451
except that a person convicted of a misdemeanor violation of	43452
section 2919.25 of the Revised Code, a misdemeanor violation of	43453
section 2919.27 of the Revised Code involving a protection order	43454
issued or consent agreement approved pursuant to section 2919.26	43455
or 3113.31 of the Revised Code, or a violation of a substantially	43456
equivalent municipal ordinance shall be confined to the facility	43457
in accordance with the order of commitment. A commitment of a	43458
person to a facility for purposes of close supervision shall not	43459
exceed the maximum term for which the person could be imprisoned.	43460

(C) A law enforcement officer who finds a person subject to	43461
prosecution for violation of division (B) of section 2917.11 of	43462
the Revised Code or a municipal ordinance substantially equivalent	43463
to that division and who has reasonable cause to believe that the	43464
person is an alcoholic or is suffering from acute alcohol	43465
intoxication and would benefit from immediate treatment	43466
immediately may place the person in ~~an alcohol and drug~~a	43467
community addiction ~~program~~services provider certified under	43468
Chapter ~~3793.~~5119. of the Revised Code in the area in which the	43469
person is found, for emergency treatment, in lieu of other arrest	43470
procedures, for a maximum period of forty-eight hours. During that	43471
time, if the person desires to leave such custody, the person	43472
shall be released forthwith.	43473

(D) As used in this section:

43474

(1) "Alcoholic" has the same meaning as in section ~~3793.01~~	43475
5119.01 of the Revised Code;	43476

(2) "Acute alcohol intoxication" means a heavy consumption of	43477
alcohol over a relatively short period of time, resulting in	43478
dysfunction of the brain centers controlling behavior, speech, and	43479
memory and causing characteristic withdrawal symptoms.	43480

Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of	43481
the Revised Code:	43482

(1) "Prosecutor" means a prosecuting attorney or a city	43483
director of law, village solicitor, or similar chief legal officer	43484
of a municipal corporation who has authority to prosecute a	43485
criminal case that is before the court or the criminal case in	43486
which a defendant in a criminal case has been found incompetent to	43487
stand trial or not guilty by reason of insanity.	43488

(2) "Examiner" means either of the following:

43489

(a) A psychiatrist or a licensed clinical psychologist who	43490
satisfies the criteria of division (I)(1) of section 5122.01 of	43491
the Revised Code or is employed by a certified forensic center	43492
designated by the department of ~~mental health~~mental health and	43493
addiction services to conduct examinations or evaluations.	43494

(b) For purposes of a separate mental retardation evaluation	43495
that is ordered by a court pursuant to division (H) of section	43496
2945.371 of the Revised Code, a psychologist designated by the	43497
director of developmental disabilities pursuant to that section to	43498
conduct that separate mental retardation evaluation.	43499

(3) "Nonsecured status" means any unsupervised, off-grounds	43500
movement or trial visit from a hospital or institution, or any	43501
conditional release, that is granted to a person who is found	43502
incompetent to stand trial and is committed pursuant to section	43503
2945.39 of the Revised Code or to a person who is found not guilty	43504
by reason of insanity and is committed pursuant to section 2945.40	43505
of the Revised Code.	43506

(4) "Unsupervised, off-grounds movement" includes only	43507
off-grounds privileges that are unsupervised and that have an	43508
expectation of return to the hospital or institution on a daily	43509
basis.	43510

(5) "Trial visit" means a patient privilege of a longer	43511
stated duration of unsupervised community contact with an	43512
expectation of return to the hospital or institution at designated	43513
times.	43514

(6) "Conditional release" means a commitment status under	43515
which the trial court at any time may revoke a person's	43516
conditional release and order the rehospitalization or	43517
reinstitutionalization of the person as described in division (A)	43518
of section 2945.402 of the Revised Code and pursuant to which a	43519
person who is found incompetent to stand trial or a person who is	43520
found not guilty by reason of insanity lives and receives	43521
treatment in the community for a period of time that does not	43522
exceed the maximum prison term or term of imprisonment that the	43523
person could have received for the offense in question had the	43524
person been convicted of the offense instead of being found	43525
incompetent to stand trial on the charge of the offense or being	43526
found not guilty by reason of insanity relative to the offense.	43527

(7) "Licensed clinical psychologist," "mentally ill person	43528
subject to hospitalization by court order," and "psychiatrist"	43529
have the same meanings as in section 5122.01 of the Revised Code.	43530

(8) "Mentally retarded person subject to institutionalization	43531
by court order" has the same meaning as in section 5123.01 of the	43532
Revised Code.	43533

(B) In a criminal action in a court of common pleas, a county	43534
court, or a municipal court, the court, prosecutor, or defense may	43535
raise the issue of the defendant's competence to stand trial. If	43536
the issue is raised before the trial has commenced, the court	43537
shall hold a hearing on the issue as provided in this section. If	43538
the issue is raised after the trial has commenced, the court shall	43539
hold a hearing on the issue only for good cause shown or on the	43540
court's own motion.	43541

(C) The court shall conduct the hearing required or	43542
authorized under division (B) of this section within thirty days	43543
after the issue is raised, unless the defendant has been referred	43544
for evaluation in which case the court shall conduct the hearing	43545
within ten days after the filing of the report of the evaluation	43546
or, in the case of a defendant who is ordered by the court	43547
pursuant to division (H) of section 2945.371 of the Revised Code	43548
to undergo a separate mental retardation evaluation conducted by a	43549
psychologist designated by the director of developmental	43550
disabilities, within ten days after the filing of the report of	43551
the separate mental retardation evaluation under that division. A	43552
hearing may be continued for good cause.	43553

(D) The defendant shall be represented by counsel at the	43554
hearing conducted under division (C) of this section. If the	43555
defendant is unable to obtain counsel, the court shall appoint	43556
counsel under Chapter 120. of the Revised Code or under the	43557
authority recognized in division (C) of section 120.06, division	43558
(E) of section 120.16, division (E) of section 120.26, or section	43559
2941.51 of the Revised Code before proceeding with the hearing.	43560

(E) The prosecutor and defense counsel may submit evidence on	43561
the issue of the defendant's competence to stand trial. A written	43562
report of the evaluation of the defendant may be admitted into	43563
evidence at the hearing by stipulation, but, if either the	43564
prosecution or defense objects to its admission, the report may be	43565
admitted under sections 2317.36 to 2317.38 of the Revised Code or	43566
any other applicable statute or rule.	43567

(F) The court shall not find a defendant incompetent to stand	43568
trial solely because the defendant is receiving or has received	43569
treatment as a voluntary or involuntary mentally ill patient under	43570
Chapter 5122. or a voluntary or involuntary mentally retarded	43571
resident under Chapter 5123. of the Revised Code or because the	43572
defendant is receiving or has received psychotropic drugs or other	43573
medication, even if the defendant might become incompetent to	43574
stand trial without the drugs or medication.	43575

(G) A defendant is presumed to be competent to stand trial.	43576
If, after a hearing, the court finds by a preponderance of the	43577
evidence that, because of the defendant's present mental	43578
condition, the defendant is incapable of understanding the nature	43579
and objective of the proceedings against the defendant or of	43580
assisting in the defendant's defense, the court shall find the	43581
defendant incompetent to stand trial and shall enter an order	43582
authorized by section 2945.38 of the Revised Code.	43583

(H) Municipal courts shall follow the procedures set forth in	43584
sections 2945.37 to 2945.402 of the Revised Code. Except as	43585
provided in section 2945.371 of the Revised Code, a municipal	43586
court shall not order an evaluation of the defendant's competence	43587
to stand trial or the defendant's mental condition at the time of	43588
the commission of the offense to be conducted at any hospital	43589
operated by the department of ~~mental health~~mental health and	43590
addiction services. Those evaluations shall be performed through	43591
community resources including, but not limited to, certified	43592
forensic centers, court probation departments, and community	43593
mental health ~~agencies~~services providers. All expenses of the	43594
evaluations shall be borne by the legislative authority of the	43595
municipal court, as defined in section 1901.03 of the Revised	43596
Code, and shall be taxed as costs in the case. If a defendant is	43597
found incompetent to stand trial or not guilty by reason of	43598
insanity, a municipal court may commit the defendant as provided	43599
in sections 2945.38 to 2945.402 of the Revised Code.	43600

Sec. 2945.371. (A) If the issue of a defendant's competence	43601
to stand trial is raised or if a defendant enters a plea of not	43602
guilty by reason of insanity, the court may order one or more	43603
evaluations of the defendant's present mental condition or, in the	43604
case of a plea of not guilty by reason of insanity, of the	43605
defendant's mental condition at the time of the offense charged.	43606
An examiner shall conduct the evaluation.	43607

(B) If the court orders more than one evaluation under	43608
division (A) of this section, the prosecutor and the defendant may	43609
recommend to the court an examiner whom each prefers to perform	43610
one of the evaluations. If a defendant enters a plea of not guilty	43611
by reason of insanity and if the court does not designate an	43612
examiner recommended by the defendant, the court shall inform the	43613
defendant that the defendant may have independent expert	43614
evaluation and that, if the defendant is unable to obtain	43615
independent expert evaluation, it will be obtained for the	43616
defendant at public expense if the defendant is indigent.	43617

(C) If the court orders an evaluation under division (A) of	43618
this section, the defendant shall be available at the times and	43619
places established by the examiners who are to conduct the	43620
evaluation. The court may order a defendant who has been released	43621
on bail or recognizance to submit to an evaluation under this	43622
section. If a defendant who has been released on bail or	43623
recognizance refuses to submit to a complete evaluation, the court	43624
may amend the conditions of bail or recognizance and order the	43625
sheriff to take the defendant into custody and deliver the	43626
defendant to a center, program, or facility operated or certified	43627
by the department of ~~mental health~~mental health and addiction	43628
services or the department of developmental disabilities where the	43629
defendant may be held for evaluation for a reasonable period of	43630
time not to exceed twenty days.	43631

(D) A defendant who has not been released on bail or	43632
recognizance may be evaluated at the defendant's place of	43633
detention. Upon the request of the examiner, the court may order	43634
the sheriff to transport the defendant to a program or facility	43635
operated or certified by the department of ~~mental health~~mental	43636
health and addiction services or the department of developmental	43637
disabilities, where the defendant may be held for evaluation for a	43638
reasonable period of time not to exceed twenty days, and to return	43639
the defendant to the place of detention after the evaluation. A	43640
municipal court may make an order under this division only upon	43641
the request of a certified forensic center examiner.	43642

(E) If a court orders the evaluation to determine a	43643
defendant's mental condition at the time of the offense charged,	43644
the court shall inform the examiner of the offense with which the	43645
defendant is charged.	43646

(F) In conducting an evaluation of a defendant's mental	43647
condition at the time of the offense charged, the examiner shall	43648
consider all relevant evidence. If the offense charged involves	43649
the use of force against another person, the relevant evidence to	43650
be considered includes, but is not limited to, any evidence that	43651
the defendant suffered, at the time of the commission of the	43652
offense, from the "battered woman syndrome."	43653

(G) The examiner shall file a written report with the court	43654
within thirty days after entry of a court order for evaluation,	43655
and the court shall provide copies of the report to the prosecutor	43656
and defense counsel. The report shall include all of the	43657
following:	43658

(1) The examiner's findings;

43659

(2) The facts in reasonable detail on which the findings are	43660
based;	43661

(3) If the evaluation was ordered to determine the	43662
defendant's competence to stand trial, all of the following	43663
findings or recommendations that are applicable:	43664

(a) Whether the defendant is capable of understanding the	43665
nature and objective of the proceedings against the defendant or	43666
of assisting in the defendant's defense;	43667

(b) If the examiner's opinion is that the defendant is	43668
incapable of understanding the nature and objective of the	43669
proceedings against the defendant or of assisting in the	43670
defendant's defense, whether the defendant presently is mentally	43671
ill or mentally retarded and, if the examiner's opinion is that	43672
the defendant presently is mentally retarded, whether the	43673
defendant appears to be a mentally retarded person subject to	43674
institutionalization by court order;	43675

(c) If the examiner's opinion is that the defendant is	43676
incapable of understanding the nature and objective of the	43677
proceedings against the defendant or of assisting in the	43678
defendant's defense, the examiner's opinion as to the likelihood	43679
of the defendant becoming capable of understanding the nature and	43680
objective of the proceedings against the defendant and of	43681
assisting in the defendant's defense within one year if the	43682
defendant is provided with a course of treatment;	43683

(d) If the examiner's opinion is that the defendant is	43684
incapable of understanding the nature and objective of the	43685
proceedings against the defendant or of assisting in the	43686
defendant's defense and that the defendant presently is mentally	43687
ill or mentally retarded, the examiner's recommendation as to the	43688
least restrictive placement or commitment alternative, consistent	43689
with the defendant's treatment needs for restoration to competency	43690
and with the safety of the community.	43691

(4) If the evaluation was ordered to determine the	43692
defendant's mental condition at the time of the offense charged,	43693
the examiner's findings as to whether the defendant, at the time	43694
of the offense charged, did not know, as a result of a severe	43695
mental disease or defect, the wrongfulness of the defendant's acts	43696
charged.	43697

(H) If the examiner's report filed under division (G) of this	43698
section indicates that in the examiner's opinion the defendant is	43699
incapable of understanding the nature and objective of the	43700
proceedings against the defendant or of assisting in the	43701
defendant's defense and that in the examiner's opinion the	43702
defendant appears to be a mentally retarded person subject to	43703
institutionalization by court order, the court shall order the	43704
defendant to undergo a separate mental retardation evaluation	43705
conducted by a psychologist designated by the director of	43706
developmental disabilities. Divisions (C) to (F) of this section	43707
apply in relation to a separate mental retardation evaluation	43708
conducted under this division. The psychologist appointed under	43709
this division to conduct the separate mental retardation	43710
evaluation shall file a written report with the court within	43711
thirty days after the entry of the court order requiring the	43712
separate mental retardation evaluation, and the court shall	43713
provide copies of the report to the prosecutor and defense	43714
counsel. The report shall include all of the information described	43715
in divisions (G)(1) to (4) of this section. If the court orders a	43716
separate mental retardation evaluation of a defendant under this	43717
division, the court shall not conduct a hearing under divisions	43718
(B) to (H) of section 2945.37 of the Revised Code regarding that	43719
defendant until a report of the separate mental retardation	43720
evaluation conducted under this division has been filed. Upon the	43721
filing of that report, the court shall conduct the hearing within	43722
the period of time specified in division (C) of section 2945.37 of	43723
the Revised Code.	43724

(I) An examiner appointed under divisions (A) and (B) of this	43725
section or under division (H) of this section to evaluate a	43726
defendant to determine the defendant's competence to stand trial	43727
also may be appointed to evaluate a defendant who has entered a	43728
plea of not guilty by reason of insanity, but an examiner of that	43729
nature shall prepare separate reports on the issue of competence	43730
to stand trial and the defense of not guilty by reason of	43731
insanity.	43732

(J) No statement that a defendant makes in an evaluation or	43733
hearing under divisions (A) to (H) of this section relating to the	43734
defendant's competence to stand trial or to the defendant's mental	43735
condition at the time of the offense charged shall be used against	43736
the defendant on the issue of guilt in any criminal action or	43737
proceeding, but, in a criminal action or proceeding, the	43738
prosecutor or defense counsel may call as a witness any person who	43739
evaluated the defendant or prepared a report pursuant to a	43740
referral under this section. Neither the appointment nor the	43741
testimony of an examiner appointed under this section precludes	43742
the prosecutor or defense counsel from calling other witnesses or	43743
presenting other evidence on competency or insanity issues.	43744

(K) Persons appointed as examiners under divisions (A) and	43745
(B) of this section or under division (H) of this section shall be	43746
paid a reasonable amount for their services and expenses, as	43747
certified by the court. The certified amount shall be paid by the	43748
county in the case of county courts and courts of common pleas and	43749
by the legislative authority, as defined in section 1901.03 of the	43750
Revised Code, in the case of municipal courts.	43751

Sec. 2945.38. (A) If the issue of a defendant's competence	43752
to stand trial is raised and if the court, upon conducting the	43753
hearing provided for in section 2945.37 of the Revised Code, finds	43754
that the defendant is competent to stand trial, the defendant	43755
shall be proceeded against as provided by law. If the court finds	43756
the defendant competent to stand trial and the defendant is	43757
receiving psychotropic drugs or other medication, the court may	43758
authorize the continued administration of the drugs or medication	43759
or other appropriate treatment in order to maintain the	43760
defendant's competence to stand trial, unless the defendant's	43761
attending physician advises the court against continuation of the	43762
drugs, other medication, or treatment.	43763

(B)(1)(a) If, after taking into consideration all relevant	43764
reports, information, and other evidence, the court finds that the	43765
defendant is incompetent to stand trial and that there is a	43766
substantial probability that the defendant will become competent	43767
to stand trial within one year if the defendant is provided with a	43768
course of treatment, the court shall order the defendant to	43769
undergo treatment. If the defendant has been charged with a felony	43770
offense and if, after taking into consideration all relevant	43771
reports, information, and other evidence, the court finds that the	43772
defendant is incompetent to stand trial, but the court is unable	43773
at that time to determine whether there is a substantial	43774
probability that the defendant will become competent to stand	43775
trial within one year if the defendant is provided with a course	43776
of treatment, the court shall order continuing evaluation and	43777
treatment of the defendant for a period not to exceed four months	43778
to determine whether there is a substantial probability that the	43779
defendant will become competent to stand trial within one year if	43780
the defendant is provided with a course of treatment.	43781

(b) The court order for the defendant to undergo treatment or	43782
continuing evaluation and treatment under division (B)(1)(a) of	43783
this section shall specify that the defendant, if determined to	43784
require mental health treatment or continuing evaluation and	43785
treatment, either shall be committed to the department of ~~mental~~	43786
~~health~~mental health and addiction services for treatment or	43787
continuing evaluation and treatment at a hospital, facility, or	43788
agency, as determined to be clinically appropriate by the	43789
department of ~~mental health~~mental health and addiction services	43790
or shall be committed to a facility certified by the department of	43791
~~mental health~~mental health and addiction services as being	43792
qualified to treat mental illness, to a public or community mental	43793
health facility, or to a psychiatrist or another mental health	43794
professional for treatment or continuing evaluation and treatment.	43795
Prior to placing the defendant, the department of ~~mental health~~	43796
mental health and addiction services shall obtain court approval	43797
for that placement following a hearing. The court order for the	43798
defendant to undergo treatment or continuing evaluation and	43799
treatment under division (B)(1)(a) of this section shall specify	43800
that the defendant, if determined to require treatment or	43801
continuing evaluation and treatment for mental retardation, shall	43802
receive treatment or continuing evaluation and treatment at an	43803
institution or facility operated by the department of	43804
developmental disabilities, at a facility certified by the	43805
department of developmental disabilities as being qualified to	43806
treat mental retardation, at a public or private mental	43807
retardation facility, or by a psychiatrist or another mental	43808
retardation professional. In any case, the order may restrict the	43809
defendant's freedom of movement as the court considers necessary.	43810
The prosecutor in the defendant's case shall send to the chief	43811
clinical officer of the hospital, facility, or agency where the	43812
defendant is placed by the department of ~~mental health~~mental	43813
health and addiction services, or to the managing officer of the	43814
institution, the director of the program or facility, or the	43815
person to which the defendant is committed, copies of relevant	43816
police reports and other background information that pertains to	43817
the defendant and is available to the prosecutor unless the	43818
prosecutor determines that the release of any of the information	43819
in the police reports or any of the other background information	43820
to unauthorized persons would interfere with the effective	43821
prosecution of any person or would create a substantial risk of	43822
harm to any person.	43823

In determining the place of commitment, the court shall	43824
consider the extent to which the person is a danger to the person	43825
and to others, the need for security, and the type of crime	43826
involved and shall order the least restrictive alternative	43827
available that is consistent with public safety and treatment	43828
goals. In weighing these factors, the court shall give preference	43829
to protecting public safety.	43830

(c) If the defendant is found incompetent to stand trial, if	43831
the chief clinical officer of the hospital, facility, or agency	43832
where the defendant is placed, or the managing officer of the	43833
institution, the director of the program or facility, or the	43834
person to which the defendant is committed for treatment or	43835
continuing evaluation and treatment under division (B)(1)(b) of	43836
this section determines that medication is necessary to restore	43837
the defendant's competency to stand trial, and if the defendant	43838
lacks the capacity to give informed consent or refuses medication,	43839
the chief clinical officer of the hospital, facility, or agency	43840
where the defendant is placed, or the managing officer of the	43841
institution, the director of the program or facility, or the	43842
person to which the defendant is committed for treatment or	43843
continuing evaluation and treatment may petition the court for	43844
authorization for the involuntary administration of medication.	43845
The court shall hold a hearing on the petition within five days of	43846
the filing of the petition if the petition was filed in a	43847
municipal court or a county court regarding an incompetent	43848
defendant charged with a misdemeanor or within ten days of the	43849
filing of the petition if the petition was filed in a court of	43850
common pleas regarding an incompetent defendant charged with a	43851
felony offense. Following the hearing, the court may authorize the	43852
involuntary administration of medication or may dismiss the	43853
petition.	43854

(2) If the court finds that the defendant is incompetent to	43855
stand trial and that, even if the defendant is provided with a	43856
course of treatment, there is not a substantial probability that	43857
the defendant will become competent to stand trial within one	43858
year, the court shall order the discharge of the defendant, unless	43859
upon motion of the prosecutor or on its own motion, the court	43860
either seeks to retain jurisdiction over the defendant pursuant to	43861
section 2945.39 of the Revised Code or files an affidavit in the	43862
probate court for the civil commitment of the defendant pursuant	43863
to Chapter 5122. or 5123. of the Revised Code alleging that the	43864
defendant is a mentally ill person subject to hospitalization by	43865
court order or a mentally retarded person subject to	43866
institutionalization by court order. If an affidavit is filed in	43867
the probate court, the trial court shall send to the probate court	43868
copies of all written reports of the defendant's mental condition	43869
that were prepared pursuant to section 2945.371 of the Revised	43870
Code.	43871

The trial court may issue the temporary order of detention	43872
that a probate court may issue under section 5122.11 or 5123.71 of	43873
the Revised Code, to remain in effect until the probable cause or	43874
initial hearing in the probate court. Further proceedings in the	43875
probate court are civil proceedings governed by Chapter 5122. or	43876
5123. of the Revised Code.	43877

(C) No defendant shall be required to undergo treatment,	43878
including any continuing evaluation and treatment, under division	43879
(B)(1) of this section for longer than whichever of the following	43880
periods is applicable:	43881

(1) One year, if the most serious offense with which the	43882
defendant is charged is one of the following offenses:	43883

(a) Aggravated murder, murder, or an offense of violence for	43884
which a sentence of death or life imprisonment may be imposed;	43885

(b) An offense of violence that is a felony of the first or	43886
second degree;	43887

(c) A conspiracy to commit, an attempt to commit, or	43888
complicity in the commission of an offense described in division	43889
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	43890
complicity is a felony of the first or second degree.	43891

(2) Six months, if the most serious offense with which the	43892
defendant is charged is a felony other than a felony described in	43893
division (C)(1) of this section;	43894

(3) Sixty days, if the most serious offense with which the	43895
defendant is charged is a misdemeanor of the first or second	43896
degree;	43897

(4) Thirty days, if the most serious offense with which the	43898
defendant is charged is a misdemeanor of the third or fourth	43899
degree, a minor misdemeanor, or an unclassified misdemeanor.	43900

(D) Any defendant who is committed pursuant to this section	43901
shall not voluntarily admit the defendant or be voluntarily	43902
admitted to a hospital or institution pursuant to section 5122.02,	43903
5122.15, 5123.69, or 5123.76 of the Revised Code.	43904

(E) Except as otherwise provided in this division, a	43905
defendant who is charged with an offense and is committed by the	43906
court under this section to the department of ~~mental health~~mental	43907
health and addiction services or is committed to an institution or	43908
facility for the treatment of mental retardation shall not be	43909
granted unsupervised on-grounds movement, supervised off-grounds	43910
movement, or nonsecured status except in accordance with the court	43911
order. The court may grant a defendant supervised off-grounds	43912
movement to obtain medical treatment or specialized habilitation	43913
treatment services if the person who supervises the treatment or	43914
the continuing evaluation and treatment of the defendant ordered	43915
under division (B)(1)(a) of this section informs the court that	43916
the treatment or continuing evaluation and treatment cannot be	43917
provided at the hospital or facility where the defendant is placed	43918
by the department of ~~mental health~~mental health and addiction	43919
services or the institution or facility to which the defendant is	43920
committed. The chief clinical officer of the hospital or facility	43921
where the defendant is placed by the department of ~~mental health~~	43922
mental health and addiction services or the managing officer of	43923
the institution or director of the facility to which the defendant	43924
is committed, or a designee of any of those persons, may grant a	43925
defendant movement to a medical facility for an emergency medical	43926
situation with appropriate supervision to ensure the safety of the	43927
defendant, staff, and community during that emergency medical	43928
situation. The chief clinical officer of the hospital or facility	43929
where the defendant is placed by the department of ~~mental health~~	43930
mental health and addiction services or the managing officer of	43931
the institution or director of the facility to which the defendant	43932
is committed shall notify the court within twenty-four hours of	43933
the defendant's movement to the medical facility for an emergency	43934
medical situation under this division.	43935

(F) The person who supervises the treatment or continuing	43936
evaluation and treatment of a defendant ordered to undergo	43937
treatment or continuing evaluation and treatment under division	43938
(B)(1)(a) of this section shall file a written report with the	43939
court at the following times:	43940

(1) Whenever the person believes the defendant is capable of	43941
understanding the nature and objective of the proceedings against	43942
the defendant and of assisting in the defendant's defense;	43943

(2) For a felony offense, fourteen days before expiration of	43944
the maximum time for treatment as specified in division (C) of	43945
this section and fourteen days before the expiration of the	43946
maximum time for continuing evaluation and treatment as specified	43947
in division (B)(1)(a) of this section, and, for a misdemeanor	43948
offense, ten days before the expiration of the maximum time for	43949
treatment, as specified in division (C) of this section;	43950

(3) At a minimum, after each six months of treatment;

43951

(4) Whenever the person who supervises the treatment or	43952
continuing evaluation and treatment of a defendant ordered under	43953
division (B)(1)(a) of this section believes that there is not a	43954
substantial probability that the defendant will become capable of	43955
understanding the nature and objective of the proceedings against	43956
the defendant or of assisting in the defendant's defense even if	43957
the defendant is provided with a course of treatment.	43958

(G) A report under division (F) of this section shall contain	43959
the examiner's findings, the facts in reasonable detail on which	43960
the findings are based, and the examiner's opinion as to the	43961
defendant's capability of understanding the nature and objective	43962
of the proceedings against the defendant and of assisting in the	43963
defendant's defense. If, in the examiner's opinion, the defendant	43964
remains incapable of understanding the nature and objective of the	43965
proceedings against the defendant and of assisting in the	43966
defendant's defense and there is a substantial probability that	43967
the defendant will become capable of understanding the nature and	43968
objective of the proceedings against the defendant and of	43969
assisting in the defendant's defense if the defendant is provided	43970
with a course of treatment, if in the examiner's opinion the	43971
defendant remains mentally ill or mentally retarded, and if the	43972
maximum time for treatment as specified in division (C) of this	43973
section has not expired, the report also shall contain the	43974
examiner's recommendation as to the least restrictive placement or	43975
commitment alternative that is consistent with the defendant's	43976
treatment needs for restoration to competency and with the safety	43977
of the community. The court shall provide copies of the report to	43978
the prosecutor and defense counsel.	43979

(H) If a defendant is committed pursuant to division (B)(1)	43980
of this section, within ten days after the treating physician of	43981
the defendant or the examiner of the defendant who is employed or	43982
retained by the treating facility advises that there is not a	43983
substantial probability that the defendant will become capable of	43984
understanding the nature and objective of the proceedings against	43985
the defendant or of assisting in the defendant's defense even if	43986
the defendant is provided with a course of treatment, within ten	43987
days after the expiration of the maximum time for treatment as	43988
specified in division (C) of this section, within ten days after	43989
the expiration of the maximum time for continuing evaluation and	43990
treatment as specified in division (B)(1)(a) of this section,	43991
within thirty days after a defendant's request for a hearing that	43992
is made after six months of treatment, or within thirty days after	43993
being advised by the treating physician or examiner that the	43994
defendant is competent to stand trial, whichever is the earliest,	43995
the court shall conduct another hearing to determine if the	43996
defendant is competent to stand trial and shall do whichever of	43997
the following is applicable:	43998

(1) If the court finds that the defendant is competent to	43999
stand trial, the defendant shall be proceeded against as provided	44000
by law.	44001

(2) If the court finds that the defendant is incompetent to	44002
stand trial, but that there is a substantial probability that the	44003
defendant will become competent to stand trial if the defendant is	44004
provided with a course of treatment, and the maximum time for	44005
treatment as specified in division (C) of this section has not	44006
expired, the court, after consideration of the examiner's	44007
recommendation, shall order that treatment be continued, may	44008
change the facility or program at which the treatment is to be	44009
continued, and shall specify whether the treatment is to be	44010
continued at the same or a different facility or program.	44011

(3) If the court finds that the defendant is incompetent to	44012
stand trial, if the defendant is charged with an offense listed in	44013
division (C)(1) of this section, and if the court finds that there	44014
is not a substantial probability that the defendant will become	44015
competent to stand trial even if the defendant is provided with a	44016
course of treatment, or if the maximum time for treatment relative	44017
to that offense as specified in division (C) of this section has	44018
expired, further proceedings shall be as provided in sections	44019
2945.39, 2945.401, and 2945.402 of the Revised Code.	44020

(4) If the court finds that the defendant is incompetent to	44021
stand trial, if the most serious offense with which the defendant	44022
is charged is a misdemeanor or a felony other than a felony listed	44023
in division (C)(1) of this section, and if the court finds that	44024
there is not a substantial probability that the defendant will	44025
become competent to stand trial even if the defendant is provided	44026
with a course of treatment, or if the maximum time for treatment	44027
relative to that offense as specified in division (C) of this	44028
section has expired, the court shall dismiss the indictment,	44029
information, or complaint against the defendant. A dismissal under	44030
this division is not a bar to further prosecution based on the	44031
same conduct. The court shall discharge the defendant unless the	44032
court or prosecutor files an affidavit in probate court for civil	44033
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	44034
If an affidavit for civil commitment is filed, the court may	44035
detain the defendant for ten days pending civil commitment. All of	44036
the following provisions apply to persons charged with a	44037
misdemeanor or a felony other than a felony listed in division	44038
(C)(1) of this section who are committed by the probate court	44039
subsequent to the court's or prosecutor's filing of an affidavit	44040
for civil commitment under authority of this division:	44041

(a) The chief clinical officer of the entity, hospital, or	44042
facility, the managing officer of the institution, the director of	44043
the program, or the person to which the defendant is committed or	44044
admitted shall do all of the following:	44045

(i) Notify the prosecutor, in writing, of the discharge of	44046
the defendant, send the notice at least ten days prior to the	44047
discharge unless the discharge is by the probate court, and state	44048
in the notice the date on which the defendant will be discharged;	44049

(ii) Notify the prosecutor, in writing, when the defendant is	44050
absent without leave or is granted unsupervised, off-grounds	44051
movement, and send this notice promptly after the discovery of the	44052
absence without leave or prior to the granting of the	44053
unsupervised, off-grounds movement, whichever is applicable;	44054

(iii) Notify the prosecutor, in writing, of the change of the	44055
defendant's commitment or admission to voluntary status, send the	44056
notice promptly upon learning of the change to voluntary status,	44057
and state in the notice the date on which the defendant was	44058
committed or admitted on a voluntary status.	44059

(b) Upon receiving notice that the defendant will be granted	44060
unsupervised, off-grounds movement, the prosecutor either shall	44061
re-indict the defendant or promptly notify the court that the	44062
prosecutor does not intend to prosecute the charges against the	44063
defendant.	44064

(I) If a defendant is convicted of a crime and sentenced to a	44065
jail or workhouse, the defendant's sentence shall be reduced by	44066
the total number of days the defendant is confined for evaluation	44067
to determine the defendant's competence to stand trial or	44068
treatment under this section and sections 2945.37 and 2945.371 of	44069
the Revised Code or by the total number of days the defendant is	44070
confined for evaluation to determine the defendant's mental	44071
condition at the time of the offense charged.	44072

Sec. 2945.39. (A) If a defendant who is charged with an	44073
offense described in division (C)(1) of section 2945.38 of the	44074
Revised Code is found incompetent to stand trial, after the	44075
expiration of the maximum time for treatment as specified in	44076
division (C) of that section or after the court finds that there	44077
is not a substantial probability that the defendant will become	44078
competent to stand trial even if the defendant is provided with a	44079
course of treatment, one of the following applies:	44080

(1) The court or the prosecutor may file an affidavit in	44081
probate court for civil commitment of the defendant in the manner	44082
provided in Chapter 5122. or 5123. of the Revised Code. If the	44083
court or prosecutor files an affidavit for civil commitment, the	44084
court may detain the defendant for ten days pending civil	44085
commitment. If the probate court commits the defendant subsequent	44086
to the court's or prosecutor's filing of an affidavit for civil	44087
commitment, the chief clinical officer of the entity, hospital, or	44088
facility, the managing officer of the institution, the director of	44089
the program, or the person to which the defendant is committed or	44090
admitted shall send to the prosecutor the notices described in	44091
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	44092
Code within the periods of time and under the circumstances	44093
specified in those divisions.	44094

(2) On the motion of the prosecutor or on its own motion, the	44095
court may retain jurisdiction over the defendant if, at a hearing,	44096
the court finds both of the following by clear and convincing	44097
evidence:	44098

(a) The defendant committed the offense with which the	44099
defendant is charged.	44100

(b) The defendant is a mentally ill person subject to	44101
hospitalization by court order or a mentally retarded person	44102
subject to institutionalization by court order.	44103

(B) In making its determination under division (A)(2) of this	44104
section as to whether to retain jurisdiction over the defendant,	44105
the court may consider all relevant evidence, including, but not	44106
limited to, any relevant psychiatric, psychological, or medical	44107
testimony or reports, the acts constituting the offense charged,	44108
and any history of the defendant that is relevant to the	44109
defendant's ability to conform to the law.	44110

(C) If the court conducts a hearing as described in division	44111
(A)(2) of this section and if the court does not make both	44112
findings described in divisions (A)(2)(a) and (b) of this section	44113
by clear and convincing evidence, the court shall dismiss the	44114
indictment, information, or complaint against the defendant. Upon	44115
the dismissal, the court shall discharge the defendant unless the	44116
court or prosecutor files an affidavit in probate court for civil	44117
commitment of the defendant pursuant to Chapter 5122. or 5123. of	44118
the Revised Code. If the court or prosecutor files an affidavit	44119
for civil commitment, the court may order that the defendant be	44120
detained for up to ten days pending the civil commitment. If the	44121
probate court commits the defendant subsequent to the court's or	44122
prosecutor's filing of an affidavit for civil commitment, the	44123
chief clinical officer of the entity, hospital, or facility, the	44124
managing officer of the institution, the director of the program,	44125
or the person to which the defendant is committed or admitted	44126
shall send to the prosecutor the notices described in divisions	44127
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	44128
within the periods of time and under the circumstances specified	44129
in those divisions. A dismissal of charges under this division is	44130
not a bar to further criminal proceedings based on the same	44131
conduct.	44132

(D)(1) If the court conducts a hearing as described in	44133
division (A)(2) of this section and if the court makes the	44134
findings described in divisions (A)(2)(a) and (b) of this section	44135
by clear and convincing evidence, the court shall commit the	44136
defendant, if determined to require mental health treatment,	44137
either to the department of ~~mental health~~mental health and	44138
addiction services for treatment at a hospital, facility, or	44139
agency as determined clinically appropriate by the department of	44140
~~mental health~~mental health and addiction services or to another	44141
medical or psychiatric facility, as appropriate. Prior to placing	44142
the defendant, the department of ~~mental health~~mental health and	44143
addiction services shall obtain court approval for that placement.	44144
If the court conducts such a hearing and if it makes those	44145
findings by clear and convincing evidence, the court shall commit	44146
the defendant, if determined to require treatment for mental	44147
retardation, to a facility operated by the department of	44148
developmental disabilities, or another facility, as appropriate.	44149
In determining the place of commitment, the court shall consider	44150
the extent to which the person is a danger to the person and to	44151
others, the need for security, and the type of crime involved and	44152
shall order the least restrictive alternative available that is	44153
consistent with public safety and the welfare of the defendant. In	44154
weighing these factors, the court shall give preference to	44155
protecting public safety.	44156

(2) If a court makes a commitment of a defendant under	44157
division (D)(1) of this section, the prosecutor shall send to the	44158
hospital, facility, or agency where the defendant is placed by the	44159
department of ~~mental health~~mental health and addiction services	44160
or to the defendant's place of commitment all reports of the	44161
defendant's current mental condition and, except as otherwise	44162
provided in this division, any other relevant information,	44163
including, but not limited to, a transcript of the hearing held	44164
pursuant to division (A)(2) of this section, copies of relevant	44165
police reports, and copies of any prior arrest and conviction	44166
records that pertain to the defendant and that the prosecutor	44167
possesses. The prosecutor shall send the reports of the	44168
defendant's current mental condition in every case of commitment,	44169
and, unless the prosecutor determines that the release of any of	44170
the other relevant information to unauthorized persons would	44171
interfere with the effective prosecution of any person or would	44172
create a substantial risk of harm to any person, the prosecutor	44173
also shall send the other relevant information. Upon admission of	44174
a defendant committed under division (D)(1) of this section, the	44175
place of commitment shall send to the board of alcohol, drug	44176
addiction, and mental health services or the community mental	44177
health board serving the county in which the charges against the	44178
defendant were filed a copy of all reports of the defendant's	44179
current mental condition and a copy of the other relevant	44180
information provided by the prosecutor under this division,	44181
including, if provided, a transcript of the hearing held pursuant	44182
to division (A)(2) of this section, the relevant police reports,	44183
and the prior arrest and conviction records that pertain to the	44184
defendant and that the prosecutor possesses.	44185

(3) If a court makes a commitment under division (D)(1) of	44186
this section, all further proceedings shall be in accordance with	44187
sections 2945.401 and 2945.402 of the Revised Code.	44188

Sec. 2945.40. (A) If a person is found not guilty by reason	44189
of insanity, the verdict shall state that finding, and the trial	44190
court shall conduct a full hearing to determine whether the person	44191
is a mentally ill person subject to hospitalization by court order	44192
or a mentally retarded person subject to institutionalization by	44193
court order. Prior to the hearing, if the trial judge believes	44194
that there is probable cause that the person found not guilty by	44195
reason of insanity is a mentally ill person subject to	44196
hospitalization by court order or mentally retarded person subject	44197
to institutionalization by court order, the trial judge may issue	44198
a temporary order of detention for that person to remain in effect	44199
for ten court days or until the hearing, whichever occurs first.	44200

Any person detained pursuant to a temporary order of	44201
detention issued under this division shall be held in a suitable	44202
facility, taking into consideration the place and type of	44203
confinement prior to and during trial.	44204

(B) The court shall hold the hearing under division (A) of	44205
this section to determine whether the person found not guilty by	44206
reason of insanity is a mentally ill person subject to	44207
hospitalization by court order or a mentally retarded person	44208
subject to institutionalization by court order within ten court	44209
days after the finding of not guilty by reason of insanity.	44210
Failure to conduct the hearing within the ten-day period shall	44211
cause the immediate discharge of the respondent, unless the judge	44212
grants a continuance for not longer than ten court days for good	44213
cause shown or for any period of time upon motion of the	44214
respondent.	44215

(C) If a person is found not guilty by reason of insanity,	44216
the person has the right to attend all hearings conducted pursuant	44217
to sections 2945.37 to 2945.402 of the Revised Code. At any	44218
hearing conducted pursuant to one of those sections, the court	44219
shall inform the person that the person has all of the following	44220
rights:	44221

(1) The right to be represented by counsel and to have that	44222
counsel provided at public expense if the person is indigent, with	44223
the counsel to be appointed by the court under Chapter 120. of the	44224
Revised Code or under the authority recognized in division (C) of	44225
section 120.06, division (E) of section 120.16, division (E) of	44226
section 120.26, or section 2941.51 of the Revised Code;	44227

(2) The right to have independent expert evaluation and to	44228
have that independent expert evaluation provided at public expense	44229
if the person is indigent;	44230

(3) The right to subpoena witnesses and documents, to present	44231
evidence on the person's behalf, and to cross-examine witnesses	44232
against the person;	44233

(4) The right to testify in the person's own behalf and to	44234
not be compelled to testify;	44235

(5) The right to have copies of any relevant medical or	44236
mental health document in the custody of the state or of any place	44237
of commitment other than a document for which the court finds that	44238
the release to the person of information contained in the document	44239
would create a substantial risk of harm to any person.	44240

(D) The hearing under division (A) of this section shall be	44241
open to the public, and the court shall conduct the hearing in	44242
accordance with the Rules of Civil Procedure. The court shall make	44243
and maintain a full transcript and record of the hearing	44244
proceedings. The court may consider all relevant evidence,	44245
including, but not limited to, any relevant psychiatric,	44246
psychological, or medical testimony or reports, the acts	44247
constituting the offense in relation to which the person was found	44248
not guilty by reason of insanity, and any history of the person	44249
that is relevant to the person's ability to conform to the law.	44250

(E) Upon completion of the hearing under division (A) of this	44251
section, if the court finds there is not clear and convincing	44252
evidence that the person is a mentally ill person subject to	44253
hospitalization by court order or a mentally retarded person	44254
subject to institutionalization by court order, the court shall	44255
discharge the person, unless a detainer has been placed upon the	44256
person by the department of rehabilitation and correction, in	44257
which case the person shall be returned to that department.	44258

(F) If, at the hearing under division (A) of this section,	44259
the court finds by clear and convincing evidence that the person	44260
is a mentally ill person subject to hospitalization by court	44261
order, the court shall commit the person either to the department	44262
of ~~mental health~~mental health and addiction services for	44263
treatment in a hospital, facility, or agency as determined	44264
clinically appropriate by the department of ~~mental health~~mental	44265
health and addiction services or to another medical or psychiatric	44266
facility, as appropriate. Prior to placing the defendant, the	44267
department of ~~mental health~~mental health and addiction services	44268
shall obtain court approval for that placement. If, at the hearing	44269
under division (A) of this section, the court determines by clear	44270
and convincing evidence that the person requires treatment for	44271
mental retardation, it shall commit the person to a facility	44272
operated by the department of developmental disabilities or	44273
another facility, as appropriate. Further proceedings shall be in	44274
accordance with sections 2945.401 and 2945.402 of the Revised	44275
Code. In determining the place of commitment, the court shall	44276
consider the extent to which the person is a danger to the person	44277
and to others, the need for security, and the type of crime	44278
involved and shall order the least restrictive alternative	44279
available that is consistent with public safety and the welfare of	44280
the person. In weighing these factors, the court shall give	44281
preference to protecting public safety.	44282

(G) If a court makes a commitment of a person under division	44283
(F) of this section, the prosecutor shall send to the hospital,	44284
facility, or agency where the person is placed by the department	44285
of ~~mental health~~mental health and addiction services or to the	44286
defendant's place of commitment all reports of the person's	44287
current mental condition, and, except as otherwise provided in	44288
this division, any other relevant information, including, but not	44289
limited to, a transcript of the hearing held pursuant to division	44290
(A) of this section, copies of relevant police reports, and copies	44291
of any prior arrest and conviction records that pertain to the	44292
person and that the prosecutor possesses. The prosecutor shall	44293
send the reports of the person's current mental condition in every	44294
case of commitment, and, unless the prosecutor determines that the	44295
release of any of the other relevant information to unauthorized	44296
persons would interfere with the effective prosecution of any	44297
person or would create a substantial risk of harm to any person,	44298
the prosecutor also shall send the other relevant information.	44299
Upon admission of a person committed under division (F) of this	44300
section, the place of commitment shall send to the board of	44301
alcohol, drug addiction, and mental health services or the	44302
community mental health board serving the county in which the	44303
charges against the person were filed a copy of all reports of the	44304
person's current mental condition and a copy of the other relevant	44305
information provided by the prosecutor under this division,	44306
including, if provided, a transcript of the hearing held pursuant	44307
to division (A) of this section, the relevant police reports, and	44308
the prior arrest and conviction records that pertain to the person	44309
and that the prosecutor possesses.	44310

(H) A person who is committed pursuant to this section shall	44311
not voluntarily admit the person or be voluntarily admitted to a	44312
hospital or institution pursuant to section 5122.02, 5122.15,	44313
5123.69, or 5123.76 of the Revised Code.	44314

Sec. 2945.401. (A) A defendant found incompetent to stand	44315
trial and committed pursuant to section 2945.39 of the Revised	44316
Code or a person found not guilty by reason of insanity and	44317
committed pursuant to section 2945.40 of the Revised Code shall	44318
remain subject to the jurisdiction of the trial court pursuant to	44319
that commitment, and to the provisions of this section, until the	44320
final termination of the commitment as described in division	44321
(J)(1) of this section. If the jurisdiction is terminated under	44322
this division because of the final termination of the commitment	44323
resulting from the expiration of the maximum prison term or term	44324
of imprisonment described in division (J)(1)(b) of this section,	44325
the court or prosecutor may file an affidavit for the civil	44326
commitment of the defendant or person pursuant to Chapter 5122. or	44327
5123. of the Revised Code.	44328

(B) A hearing conducted under any provision of sections	44329
2945.37 to 2945.402 of the Revised Code shall not be conducted in	44330
accordance with Chapters 5122. and 5123. of the Revised Code. Any	44331
person who is committed pursuant to section 2945.39 or 2945.40 of	44332
the Revised Code shall not voluntarily admit the person or be	44333
voluntarily admitted to a hospital or institution pursuant to	44334
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	44335
All other provisions of Chapters 5122. and 5123. of the Revised	44336
Code regarding hospitalization or institutionalization shall apply	44337
to the extent they are not in conflict with this chapter. A	44338
commitment under section 2945.39 or 2945.40 of the Revised Code	44339
shall not be terminated and the conditions of the commitment shall	44340
not be changed except as otherwise provided in division (D)(2) of	44341
this section with respect to a mentally retarded person subject to	44342
institutionalization by court order or except by order of the	44343
trial court.	44344

(C) The department of ~~mental health~~mental health and	44345
addiction services or the institution, facility, or program to	44346
which a defendant or person has been committed under section	44347
2945.39 or 2945.40 of the Revised Code shall report in writing to	44348
the trial court, at the times specified in this division, as to	44349
whether the defendant or person remains a mentally ill person	44350
subject to hospitalization by court order or a mentally retarded	44351
person subject to institutionalization by court order and, in the	44352
case of a defendant committed under section 2945.39 of the Revised	44353
Code, as to whether the defendant remains incompetent to stand	44354
trial. The department, institution, facility, or program shall	44355
make the reports after the initial six months of treatment and	44356
every two years after the initial report is made. The trial court	44357
shall provide copies of the reports to the prosecutor and to the	44358
counsel for the defendant or person. Within thirty days after its	44359
receipt pursuant to this division of a report from the department,	44360
institution, facility, or program, the trial court shall hold a	44361
hearing on the continued commitment of the defendant or person or	44362
on any changes in the conditions of the commitment of the	44363
defendant or person. The defendant or person may request a change	44364
in the conditions of confinement, and the trial court shall	44365
conduct a hearing on that request if six months or more have	44366
elapsed since the most recent hearing was conducted under this	44367
section.	44368

(D)(1) Except as otherwise provided in division (D)(2) of	44369
this section, when a defendant or person has been committed under	44370
section 2945.39 or 2945.40 of the Revised Code, at any time after	44371
evaluating the risks to public safety and the welfare of the	44372
defendant or person, the designee of the department of ~~mental~~	44373
~~health~~mental health and addiction services or the managing	44374
officer of the institution or director of the facility or program	44375
to which the defendant or person is committed may recommend a	44376
termination of the defendant's or person's commitment or a change	44377
in the conditions of the defendant's or person's commitment.	44378

Except as otherwise provided in division (D)(2) of this	44379
section, if the designee of the department of ~~mental health~~mental	44380
health and addiction services recommends on-grounds unsupervised	44381
movement, off-grounds supervised movement, or nonsecured status	44382
for the defendant or person or termination of the defendant's or	44383
person's commitment, the following provisions apply:	44384

(a) If the department's designee recommends on-grounds	44385
unsupervised movement or off-grounds supervised movement, the	44386
department's designee shall file with the trial court an	44387
application for approval of the movement and shall send a copy of	44388
the application to the prosecutor. Within fifteen days after	44389
receiving the application, the prosecutor may request a hearing on	44390
the application and, if a hearing is requested, shall so inform	44391
the department's designee. If the prosecutor does not request a	44392
hearing within the fifteen-day period, the trial court shall	44393
approve the application by entering its order approving the	44394
requested movement or, within five days after the expiration of	44395
the fifteen-day period, shall set a date for a hearing on the	44396
application. If the prosecutor requests a hearing on the	44397
application within the fifteen-day period, the trial court shall	44398
hold a hearing on the application within thirty days after the	44399
hearing is requested. If the trial court, within five days after	44400
the expiration of the fifteen-day period, sets a date for a	44401
hearing on the application, the trial court shall hold the hearing	44402
within thirty days after setting the hearing date. At least	44403
fifteen days before any hearing is held under this division, the	44404
trial court shall give the prosecutor written notice of the date,	44405
time, and place of the hearing. At the conclusion of each hearing	44406
conducted under this division, the trial court either shall	44407
approve or disapprove the application and shall enter its order	44408
accordingly.	44409

(b) If the department's designee recommends termination of	44410
the defendant's or person's commitment at any time or if the	44411
department's designee recommends the first of any nonsecured	44412
status for the defendant or person, the department's designee	44413
shall send written notice of this recommendation to the trial	44414
court and to the local forensic center. The local forensic center	44415
shall evaluate the committed defendant or person and, within	44416
thirty days after its receipt of the written notice, shall submit	44417
to the trial court and the department's designee a written report	44418
of the evaluation. The trial court shall provide a copy of the	44419
department's designee's written notice and of the local forensic	44420
center's written report to the prosecutor and to the counsel for	44421
the defendant or person. Upon the local forensic center's	44422
submission of the report to the trial court and the department's	44423
designee, all of the following apply:	44424

(i) If the forensic center disagrees with the recommendation	44425
of the department's designee, it shall inform the department's	44426
designee and the trial court of its decision and the reasons for	44427
the decision. The department's designee, after consideration of	44428
the forensic center's decision, shall either withdraw, proceed	44429
with, or modify and proceed with the recommendation. If the	44430
department's designee proceeds with, or modifies and proceeds	44431
with, the recommendation, the department's designee shall proceed	44432
in accordance with division (D)(1)(b)(iii) of this section.	44433

(ii) If the forensic center agrees with the recommendation of	44434
the department's designee, it shall inform the department's	44435
designee and the trial court of its decision and the reasons for	44436
the decision, and the department's designee shall proceed in	44437
accordance with division (D)(1)(b)(iii) of this section.	44438

(iii) If the forensic center disagrees with the	44439
recommendation of the department's designee and the department's	44440
designee proceeds with, or modifies and proceeds with, the	44441
recommendation or if the forensic center agrees with the	44442
recommendation of the department's designee, the department's	44443
designee shall work with community mental health ~~agencies~~services	44444
providers, programs, facilities, or boards of alcohol, drug	44445
addiction, and mental health services or community mental health	44446
boards to develop a plan to implement the recommendation. If the	44447
defendant or person is on medication, the plan shall include, but	44448
shall not be limited to, a system to monitor the defendant's or	44449
person's compliance with the prescribed medication treatment plan.	44450
The system shall include a schedule that clearly states when the	44451
defendant or person shall report for a medication compliance	44452
check. The medication compliance checks shall be based upon the	44453
effective duration of the prescribed medication, taking into	44454
account the route by which it is taken, and shall be scheduled at	44455
intervals sufficiently close together to detect a potential	44456
increase in mental illness symptoms that the medication is	44457
intended to prevent.	44458

The department's designee, after consultation with the board	44459
of alcohol, drug addiction, and mental health services or the	44460
community mental health board serving the area, shall send the	44461
recommendation and plan developed under division (D)(1)(b)(iii) of	44462
this section, in writing, to the trial court, the prosecutor, and	44463
the counsel for the committed defendant or person. The trial court	44464
shall conduct a hearing on the recommendation and plan developed	44465
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	44466
and (d) and (E) to (J) of this section apply regarding the	44467
hearing.	44468

(c) If the department's designee's recommendation is for	44469
nonsecured status or termination of commitment, the prosecutor may	44470
obtain an independent expert evaluation of the defendant's or	44471
person's mental condition, and the trial court may continue the	44472
hearing on the recommendation for a period of not more than thirty	44473
days to permit time for the evaluation.	44474

The prosecutor may introduce the evaluation report or present	44475
other evidence at the hearing in accordance with the Rules of	44476
Evidence.	44477

(d) The trial court shall schedule the hearing on a	44478
department's designee's recommendation for nonsecured status or	44479
termination of commitment and shall give reasonable notice to the	44480
prosecutor and the counsel for the defendant or person. Unless	44481
continued for independent evaluation at the prosecutor's request	44482
or for other good cause, the hearing shall be held within thirty	44483
days after the trial court's receipt of the recommendation and	44484
plan.	44485

(2)(a) Division (D)(1) of this section does not apply to	44486
on-grounds unsupervised movement of a defendant or person who has	44487
been committed under section 2945.39 or 2945.40 of the Revised	44488
Code, who is a mentally retarded person subject to	44489
institutionalization by court order, and who is being provided	44490
residential habilitation, care, and treatment in a facility	44491
operated by the department of developmental disabilities.	44492

(b) If, pursuant to section 2945.39 of the Revised Code, the	44493
trial court commits a defendant who is found incompetent to stand	44494
trial and who is a mentally retarded person subject to	44495
institutionalization by court order, if the defendant is being	44496
provided residential habilitation, care, and treatment in a	44497
facility operated by the department of developmental disabilities,	44498
if an individual who is conducting a survey for the department of	44499
health to determine the facility's compliance with the	44500
certification requirements of the medicaid program ~~under Chapter~~	44501
~~5111. of the Revised Code and Title XIX of the "Social Security~~	44502
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ cites the	44503
defendant's receipt of the residential habilitation, care, and	44504
treatment in the facility as being inappropriate under the	44505
certification requirements, if the defendant's receipt of the	44506
residential habilitation, care, and treatment in the facility	44507
potentially jeopardizes the facility's continued receipt of	44508
federal medicaid moneys, and if as a result of the citation the	44509
chief clinical officer of the facility determines that the	44510
conditions of the defendant's commitment should be changed, the	44511
department of developmental disabilities may cause the defendant	44512
to be removed from the particular facility and, after evaluating	44513
the risks to public safety and the welfare of the defendant and	44514
after determining whether another type of placement is consistent	44515
with the certification requirements, may place the defendant in	44516
another facility that the department selects as an appropriate	44517
facility for the defendant's continued receipt of residential	44518
habilitation, care, and treatment and that is a no less secure	44519
setting than the facility in which the defendant had been placed	44520
at the time of the citation. Within three days after the	44521
defendant's removal and alternative placement under the	44522
circumstances described in division (D)(2)(b) of this section, the	44523
department of developmental disabilities shall notify the trial	44524
court and the prosecutor in writing of the removal and alternative	44525
placement.	44526

The trial court shall set a date for a hearing on the removal	44527
and alternative placement, and the hearing shall be held within	44528
twenty-one days after the trial court's receipt of the notice from	44529
the department of developmental disabilities. At least ten days	44530
before the hearing is held, the trial court shall give the	44531
prosecutor, the department of developmental disabilities, and the	44532
counsel for the defendant written notice of the date, time, and	44533
place of the hearing. At the hearing, the trial court shall	44534
consider the citation issued by the individual who conducted the	44535
survey for the department of health to be prima-facie evidence of	44536
the fact that the defendant's commitment to the particular	44537
facility was inappropriate under the certification requirements of	44538
the medicaid program ~~under Chapter 5111. of the Revised Code and~~	44539
~~Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	44540
~~U.S.C.A. 301, as amended,~~ and potentially jeopardizes the	44541
particular facility's continued receipt of federal medicaid	44542
moneys. At the conclusion of the hearing, the trial court may	44543
approve or disapprove the defendant's removal and alternative	44544
placement. If the trial court approves the defendant's removal and	44545
alternative placement, the department of developmental	44546
disabilities may continue the defendant's alternative placement.	44547
If the trial court disapproves the defendant's removal and	44548
alternative placement, it shall enter an order modifying the	44549
defendant's removal and alternative placement, but that order	44550
shall not require the department of developmental disabilities to	44551
replace the defendant for purposes of continued residential	44552
habilitation, care, and treatment in the facility associated with	44553
the citation issued by the individual who conducted the survey for	44554
the department of health.	44555

(E) In making a determination under this section regarding	44556
nonsecured status or termination of commitment, the trial court	44557
shall consider all relevant factors, including, but not limited	44558
to, all of the following:	44559

(1) Whether, in the trial court's view, the defendant or	44560
person currently represents a substantial risk of physical harm to	44561
the defendant or person or others;	44562

(2) Psychiatric and medical testimony as to the current	44563
mental and physical condition of the defendant or person;	44564

(3) Whether the defendant or person has insight into the	44565
defendant's or person's condition so that the defendant or person	44566
will continue treatment as prescribed or seek professional	44567
assistance as needed;	44568

(4) The grounds upon which the state relies for the proposed	44569
commitment;	44570

(5) Any past history that is relevant to establish the	44571
defendant's or person's degree of conformity to the laws, rules,	44572
regulations, and values of society;	44573

(6) If there is evidence that the defendant's or person's	44574
mental illness is in a state of remission, the medically suggested	44575
cause and degree of the remission and the probability that the	44576
defendant or person will continue treatment to maintain the	44577
remissive state of the defendant's or person's illness should the	44578
defendant's or person's commitment conditions be altered.	44579

(F) At any hearing held pursuant to division (C) or (D)(1) or	44580
(2) of this section, the defendant or the person shall have all	44581
the rights of a defendant or person at a commitment hearing as	44582
described in section 2945.40 of the Revised Code.	44583

(G) In a hearing held pursuant to division (C) or (D)(1) of	44584
this section, the prosecutor has the burden of proof as follows:	44585

(1) For a recommendation of termination of commitment, to	44586
show by clear and convincing evidence that the defendant or person	44587
remains a mentally ill person subject to hospitalization by court	44588
order or a mentally retarded person subject to	44589
institutionalization by court order;	44590

(2) For a recommendation for a change in the conditions of	44591
the commitment to a less restrictive status, to show by clear and	44592
convincing evidence that the proposed change represents a threat	44593
to public safety or a threat to the safety of any person.	44594

(H) In a hearing held pursuant to division (C) or (D)(1) or	44595
(2) of this section, the prosecutor shall represent the state or	44596
the public interest.	44597

(I) At the conclusion of a hearing conducted under division	44598
(D)(1) of this section regarding a recommendation from the	44599
designee of the department of ~~mental health~~mental health and	44600
addiction services, managing officer of the institution, or	44601
director of a facility or program, the trial court may approve,	44602
disapprove, or modify the recommendation and shall enter an order	44603
accordingly.	44604

(J)(1) A defendant or person who has been committed pursuant	44605
to section 2945.39 or 2945.40 of the Revised Code continues to be	44606
under the jurisdiction of the trial court until the final	44607
termination of the commitment. For purposes of division (J) of	44608
this section, the final termination of a commitment occurs upon	44609
the earlier of one of the following:	44610

(a) The defendant or person no longer is a mentally ill	44611
person subject to hospitalization by court order or a mentally	44612
retarded person subject to institutionalization by court order, as	44613
determined by the trial court;	44614

(b) The expiration of the maximum prison term or term of	44615
imprisonment that the defendant or person could have received if	44616
the defendant or person had been convicted of the most serious	44617
offense with which the defendant or person is charged or in	44618
relation to which the defendant or person was found not guilty by	44619
reason of insanity;	44620

(c) The trial court enters an order terminating the	44621
commitment under the circumstances described in division	44622
(J)(2)(a)(ii) of this section.	44623

(2)(a) If a defendant is found incompetent to stand trial and	44624
committed pursuant to section 2945.39 of the Revised Code, if	44625
neither of the circumstances described in divisions (J)(1)(a) and	44626
(b) of this section applies to that defendant, and if a report	44627
filed with the trial court pursuant to division (C) of this	44628
section indicates that the defendant presently is competent to	44629
stand trial or if, at any other time during the period of the	44630
defendant's commitment, the prosecutor, the counsel for the	44631
defendant, or the designee of the department of ~~mental health~~	44632
mental health and addiction services or the managing officer of	44633
the institution or director of the facility or program to which	44634
the defendant is committed files an application with the trial	44635
court alleging that the defendant presently is competent to stand	44636
trial and requesting a hearing on the competency issue or the	44637
trial court otherwise has reasonable cause to believe that the	44638
defendant presently is competent to stand trial and determines on	44639
its own motion to hold a hearing on the competency issue, the	44640
trial court shall schedule a hearing on the competency of the	44641
defendant to stand trial, shall give the prosecutor, the counsel	44642
for the defendant, and the department's designee or the managing	44643
officer of the institution or the director of the facility to	44644
which the defendant is committed notice of the date, time, and	44645
place of the hearing at least fifteen days before the hearing, and	44646
shall conduct the hearing within thirty days of the filing of the	44647
application or of its own motion. If, at the conclusion of the	44648
hearing, the trial court determines that the defendant presently	44649
is capable of understanding the nature and objective of the	44650
proceedings against the defendant and of assisting in the	44651
defendant's defense, the trial court shall order that the	44652
defendant is competent to stand trial and shall be proceeded	44653
against as provided by law with respect to the applicable offenses	44654
described in division (C)(1) of section 2945.38 of the Revised	44655
Code and shall enter whichever of the following additional orders	44656
is appropriate:	44657

(i) If the trial court determines that the defendant remains	44658
a mentally ill person subject to hospitalization by court order or	44659
a mentally retarded person subject to institutionalization by	44660
court order, the trial court shall order that the defendant's	44661
commitment to the department of ~~mental health~~mental health and	44662
addiction services or to an institution, facility, or program for	44663
the treatment of mental retardation be continued during the	44664
pendency of the trial on the applicable offenses described in	44665
division (C)(1) of section 2945.38 of the Revised Code.	44666

(ii) If the trial court determines that the defendant no	44667
longer is a mentally ill person subject to hospitalization by	44668
court order or a mentally retarded person subject to	44669
institutionalization by court order, the trial court shall order	44670
that the defendant's commitment to the department of ~~mental health~~	44671
mental health and addiction services or to an institution,	44672
facility, or program for the treatment of mental retardation shall	44673
not be continued during the pendency of the trial on the	44674
applicable offenses described in division (C)(1) of section	44675
2945.38 of the Revised Code. This order shall be a final	44676
termination of the commitment for purposes of division (J)(1)(c)	44677
of this section.	44678

(b) If, at the conclusion of the hearing described in	44679
division (J)(2)(a) of this section, the trial court determines	44680
that the defendant remains incapable of understanding the nature	44681
and objective of the proceedings against the defendant or of	44682
assisting in the defendant's defense, the trial court shall order	44683
that the defendant continues to be incompetent to stand trial,	44684
that the defendant's commitment to the department of ~~mental health~~	44685
mental health and addiction services or to an institution,	44686
facility, or program for the treatment of mental retardation shall	44687
be continued, and that the defendant remains subject to the	44688
jurisdiction of the trial court pursuant to that commitment, and	44689
to the provisions of this section, until the final termination of	44690
the commitment as described in division (J)(1) of this section.	44691

Sec. 2950.012. If a court sentences a person who commits a	44692
sexually oriented offense or a child-victim oriented offense to a	44693
community control sanction, the court may make payment of the	44694
registration fee required by section 311.172 of the Revised Code a	44695
condition of the community control sanction.	44696

Sec. 2951.041. (A)(1) If an offender is charged with a	44697
criminal offense, including but not limited to a violation of	44698
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	44699
the Revised Code, and the court has reason to believe that drug or	44700
alcohol usage by the offender was a factor leading to the criminal	44701
offense with which the offender is charged or that, at the time of	44702
committing that offense, the offender had a mental illness or was	44703
a person with intellectual disability and that the mental illness	44704
or status as a person with intellectual disability was a factor	44705
leading to the offender's criminal behavior, the court may accept,	44706
prior to the entry of a guilty plea, the offender's request for	44707
intervention in lieu of conviction. The request shall include a	44708
statement from the offender as to whether the offender is alleging	44709
that drug or alcohol usage by the offender was a factor leading to	44710
the criminal offense with which the offender is charged or is	44711
alleging that, at the time of committing that offense, the	44712
offender had a mental illness or was a person with intellectual	44713
disability and that the mental illness or status as a person with	44714
intellectual disability was a factor leading to the criminal	44715
offense with which the offender is charged. The request also shall	44716
include a waiver of the defendant's right to a speedy trial, the	44717
preliminary hearing, the time period within which the grand jury	44718
may consider an indictment against the offender, and arraignment,	44719
unless the hearing, indictment, or arraignment has already	44720
occurred. The court may reject an offender's request without a	44721
hearing. If the court elects to consider an offender's request,	44722
the court shall conduct a hearing to determine whether the	44723
offender is eligible under this section for intervention in lieu	44724
of conviction and shall stay all criminal proceedings pending the	44725
outcome of the hearing. If the court schedules a hearing, the	44726
court shall order an assessment of the offender for the purpose of	44727
determining the offender's eligibility for intervention in lieu of	44728
conviction and recommending an appropriate intervention plan.	44729

If the offender alleges that drug or alcohol usage by the	44730
offender was a factor leading to the criminal offense with which	44731
the offender is charged, the court may order that the offender be	44732
assessed by ~~a program~~an addiction services provider certified	44733
pursuant to section ~~3793.06~~5119.36 of the Revised Code or a	44734
properly credentialed professional for the purpose of determining	44735
the offender's eligibility for intervention in lieu of conviction	44736
and recommending an appropriate intervention plan. The ~~program~~	44737
addiction services provider or the properly credentialed	44738
professional shall provide a written assessment of the offender to	44739
the court.	44740

(2) The victim notification provisions of division (C) of	44741
section 2930.08 of the Revised Code apply in relation to any	44742
hearing held under division (A)(1) of this section.	44743

(B) An offender is eligible for intervention in lieu of	44744
conviction if the court finds all of the following:	44745

(1) The offender previously has not been convicted of or	44746
pleaded guilty to a felony offense of violence or previously has	44747
been convicted of or pleaded guilty to any felony that is not an	44748
offense of violence and the prosecuting attorney recommends that	44749
the offender be found eligible for participation in intervention	44750
in lieu of treatment under this section, previously has not been	44751
through intervention in lieu of conviction under this section or	44752
any similar regimen, and is charged with a felony for which the	44753
court, upon conviction, would impose a community control sanction	44754
on the offender under division (B)(2) of section 2929.13 of the	44755
Revised Code or with a misdemeanor.	44756

(2) The offense is not a felony of the first, second, or	44757
third degree, is not an offense of violence, is not a violation of	44758
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	44759
not a violation of division (A)(1) of section 2903.08 of the	44760
Revised Code, is not a violation of division (A) of section	44761
4511.19 of the Revised Code or a municipal ordinance that is	44762
substantially similar to that division, and is not an offense for	44763
which a sentencing court is required to impose a mandatory prison	44764
term, a mandatory term of local incarceration, or a mandatory term	44765
of imprisonment in a jail.	44766

(3) The offender is not charged with a violation of section	44767
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	44768
with a violation of section 2925.03 of the Revised Code that is a	44769
felony of the first, second, third, or fourth degree, and is not	44770
charged with a violation of section 2925.11 of the Revised Code	44771
that is a felony of the first, second, or third degree.	44772

(4) If an offender alleges that drug or alcohol usage by the	44773
offender was a factor leading to the criminal offense with which	44774
the offender is charged, the court has ordered that the offender	44775
be assessed by ~~a program~~an addiction services provider certified	44776
pursuant to section ~~3793.06~~5119.36 of the Revised Code or a	44777
properly credentialed professional for the purpose of determining	44778
the offender's eligibility for intervention in lieu of conviction	44779
and recommending an appropriate intervention plan, the offender	44780
has been assessed by ~~a program~~an addiction services provider of	44781
that nature or a properly credentialed professional in accordance	44782
with the court's order, and the ~~program~~addiction services	44783
provider or properly credentialed professional has filed the	44784
written assessment of the offender with the court.	44785

(5) If an offender alleges that, at the time of committing	44786
the criminal offense with which the offender is charged, the	44787
offender had a mental illness or was a person with intellectual	44788
disability and that the mental illness or status as a person with	44789
intellectual disability was a factor leading to that offense, the	44790
offender has been assessed by a psychiatrist, psychologist,	44791
independent social worker, or professional clinical counselor for	44792
the purpose of determining the offender's eligibility for	44793
intervention in lieu of conviction and recommending an appropriate	44794
intervention plan.	44795

(6) The offender's drug usage, alcohol usage, mental illness,	44796
or intellectual disability, whichever is applicable, was a factor	44797
leading to the criminal offense with which the offender is	44798
charged, intervention in lieu of conviction would not demean the	44799
seriousness of the offense, and intervention would substantially	44800
reduce the likelihood of any future criminal activity.	44801

(7) The alleged victim of the offense was not sixty-five	44802
years of age or older, permanently and totally disabled, under	44803
thirteen years of age, or a peace officer engaged in the officer's	44804
official duties at the time of the alleged offense.	44805

(8) If the offender is charged with a violation of section	44806
2925.24 of the Revised Code, the alleged violation did not result	44807
in physical harm to any person, and the offender previously has	44808
not been treated for drug abuse.	44809

(9) The offender is willing to comply with all terms and	44810
conditions imposed by the court pursuant to division (D) of this	44811
section.	44812

(10) The offender is not charged with an offense that would	44813
result in the offender being disqualified under Chapter 4506. of	44814
the Revised Code from operating a commercial motor vehicle or	44815
would subject the offender to any other sanction under that	44816
chapter.	44817

(C) At the conclusion of a hearing held pursuant to division	44818
(A) of this section, the court shall enter its determination as to	44819
whether the offender is eligible for intervention in lieu of	44820
conviction and as to whether to grant the offender's request. If	44821
the court finds under division (B) of this section that the	44822
offender is eligible for intervention in lieu of conviction and	44823
grants the offender's request, the court shall accept the	44824
offender's plea of guilty and waiver of the defendant's right to a	44825
speedy trial, the preliminary hearing, the time period within	44826
which the grand jury may consider an indictment against the	44827
offender, and arraignment, unless the hearing, indictment, or	44828
arraignment has already occurred. In addition, the court then may	44829
stay all criminal proceedings and order the offender to comply	44830
with all terms and conditions imposed by the court pursuant to	44831
division (D) of this section. If the court finds that the offender	44832
is not eligible or does not grant the offender's request, the	44833
criminal proceedings against the offender shall proceed as if the	44834
offender's request for intervention in lieu of conviction had not	44835
been made.	44836

(D) If the court grants an offender's request for	44837
intervention in lieu of conviction, the court shall place the	44838
offender under the general control and supervision of the county	44839
probation department, the adult parole authority, or another	44840
appropriate local probation or court services agency, if one	44841
exists, as if the offender was subject to a community control	44842
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	44843
Revised Code. The court shall establish an intervention plan for	44844
the offender. The terms and conditions of the intervention plan	44845
shall require the offender, for at least one year from the date on	44846
which the court grants the order of intervention in lieu of	44847
conviction, to abstain from the use of illegal drugs and alcohol,	44848
to participate in treatment and recovery support services, and to	44849
submit to regular random testing for drug and alcohol use and may	44850
include any other treatment terms and conditions, or terms and	44851
conditions similar to community control sanctions, which may	44852
include community service or restitution, that are ordered by the	44853
court.	44854

(E) If the court grants an offender's request for	44855
intervention in lieu of conviction and the court finds that the	44856
offender has successfully completed the intervention plan for the	44857
offender, including the requirement that the offender abstain from	44858
using illegal drugs and alcohol for a period of at least one year	44859
from the date on which the court granted the order of intervention	44860
in lieu of conviction, the requirement that the offender	44861
participate in treatment and recovery support services, and all	44862
other terms and conditions ordered by the court, the court shall	44863
dismiss the proceedings against the offender. Successful	44864
completion of the intervention plan and period of abstinence under	44865
this section shall be without adjudication of guilt and is not a	44866
criminal conviction for purposes of any disqualification or	44867
disability imposed by law and upon conviction of a crime, and the	44868
court may order the sealing of records related to the offense in	44869
question in the manner provided in sections 2953.31 to 2953.36 of	44870
the Revised Code.	44871

(F) If the court grants an offender's request for	44872
intervention in lieu of conviction and the offender fails to	44873
comply with any term or condition imposed as part of the	44874
intervention plan for the offender, the supervising authority for	44875
the offender promptly shall advise the court of this failure, and	44876
the court shall hold a hearing to determine whether the offender	44877
failed to comply with any term or condition imposed as part of the	44878
plan. If the court determines that the offender has failed to	44879
comply with any of those terms and conditions, it shall enter a	44880
finding of guilty and shall impose an appropriate sanction under	44881
Chapter 2929. of the Revised Code. If the court sentences the	44882
offender to a prison term, the court, after consulting with the	44883
department of rehabilitation and correction regarding the	44884
availability of services, may order continued court-supervised	44885
activity and treatment of the offender during the prison term and,	44886
upon consideration of reports received from the department	44887
concerning the offender's progress in the program of activity and	44888
treatment, may consider judicial release under section 2929.20 of	44889
the Revised Code.	44890

(G) As used in this section:

44891

(1) "Community control sanction" has the same meaning as in	44892
section 2929.01 of the Revised Code.	44893

(2) "Intervention in lieu of conviction" means any	44894
court-supervised activity that complies with this section.	44895

(3) "Peace officer" has the same meaning as in section	44896
2935.01 of the Revised Code.	44897

(4) "Mental illness" and "psychiatrist" have the same	44898
meanings as in section 5122.01 of the Revised Code.	44899

(5) "Person with intellectual disability" means a person	44900
having significantly subaverage general intellectual functioning	44901
existing concurrently with deficiencies in adaptive behavior,	44902
manifested during the developmental period.	44903

(6) "Psychologist" has the same meaning as in section 4732.01	44904
of the Revised Code.	44905

(H) Whenever the term "mentally retarded person" is used in	44906
any statute, rule, contract, grant, or other document, the	44907
reference shall be deemed to include a "person with intellectual	44908
disability," as defined in this section.	44909

Sec. 2967.22. Whenever it is brought to the attention of the	44910
adult parole authority or a department of probation that a	44911
parolee, person under a community control sanction, person under	44912
transitional control, or releasee appears to be a mentally ill	44913
person subject to hospitalization by court order, as defined in	44914
section 5122.01 of the Revised Code, or a mentally retarded person	44915
subject to institutionalization by court order, as defined in	44916
section 5123.01 of the Revised Code, the parole or probation	44917
officer, subject to the approval of the chief of the adult parole	44918
authority, the designee of the chief of the adult parole	44919
authority, or the chief probation officer, may file an affidavit	44920
under section 5122.11 or 5123.71 of the Revised Code. A parolee,	44921
person under a community control sanction, or releasee who is	44922
involuntarily detained under Chapter 5122. or 5123. of the Revised	44923
Code shall receive credit against the period of parole or	44924
community control or the term of post-release control for the	44925
period of involuntary detention.	44926

If a parolee, person under a community control sanction,	44927
person under transitional control, or releasee escapes from an	44928
institution or facility within the department of ~~mental health~~	44929
mental health and addiction services or the department of	44930
developmental disabilities, the superintendent of the institution	44931
immediately shall notify the chief of the adult parole authority	44932
or the chief probation officer. Notwithstanding the provisions of	44933
section 5122.26 of the Revised Code, the procedure for the	44934
apprehension, detention, and return of the parolee, person under a	44935
community control sanction, person under transitional control, or	44936
releasee is the same as that provided for the apprehension,	44937
detention, and return of persons who escape from institutions	44938
operated by the department of rehabilitation and correction. If	44939
the escaped parolee, person under transitional control, or	44940
releasee is not apprehended and returned to the custody of the	44941
department of ~~mental health~~mental health and addiction services	44942
or the department of developmental disabilities within ninety days	44943
after the escape, the parolee, person under transitional control,	44944
or releasee shall be discharged from the custody of the department	44945
of ~~mental health~~mental health and addiction services or the	44946
department of developmental disabilities and returned to the	44947
custody of the department of rehabilitation and correction. If the	44948
escaped person under a community control sanction is not	44949
apprehended and returned to the custody of the department of	44950
~~mental health~~mental health and addiction services or the	44951
department of developmental disabilities within ninety days after	44952
the escape, the person under a community control sanction shall be	44953
discharged from the custody of the department of ~~mental health~~	44954
mental health and addiction services or the department of	44955
developmental disabilities and returned to the custody of the	44956
court that sentenced that person.	44957

Sec. 2981.01. (A) Forfeitures under this chapter shall be	44958
governed by all of the following purposes:	44959

(1) To provide economic disincentives and remedies to deter	44960
and offset the economic effect of offenses by seizing and	44961
forfeiting contraband, proceeds, and certain instrumentalities;	44962

(2) To ensure that seizures and forfeitures of	44963
instrumentalities are proportionate to the offense committed;	44964

(3) To protect third parties from wrongful forfeiture of	44965
their property;	44966

(4) To prioritize restitution for victims of offenses.

44967

(B) As used in this chapter:

44968

(1) "Aircraft" has the same meaning as in section 4561.01 of	44969
the Revised Code.	44970

(2) "Computers," "computer networks," "computer systems,"	44971
"computer software," and "telecommunications device" have the same	44972
meanings as in section 2913.01 of the Revised Code.	44973

(3) "Financial institution" means a bank, credit union,	44974
savings and loan association, or a licensee or registrant under	44975
Chapter 1321. of the Revised Code.	44976

(4) "Firearm" and "dangerous ordnance" have the same meanings	44977
as in section 2923.11 of the Revised Code.	44978

(5) "Innocent person" includes any bona fide purchaser of	44979
property that is subject to forfeiture, including any person who	44980
establishes a valid claim to or interest in the property in	44981
accordance with section 2923.04 of the Revised Code, and any	44982
victim of an alleged offense.	44983

(6) "Instrumentality" means property otherwise lawful to	44984
possess that is used in or intended to be used in an offense. An	44985
"instrumentality" may include, but is not limited to, a firearm, a	44986
mobile instrumentality, a computer, a computer network, a computer	44987
system, computer software, a telecommunications device, money, and	44988
any other means of exchange.	44989

(7) "Law enforcement agency" includes, but is not limited to,	44990
the state board of pharmacy, the enforcement division of the	44991
department of taxation, the Ohio casino control commission, and	44992
the office of the prosecutor.	44993

(8) "Mobile instrumentality" means an instrumentality that is	44994
inherently mobile and used in the routine transport of persons.	44995
"Mobile instrumentality" includes, but is not limited to, any	44996
vehicle, any watercraft, and any aircraft.	44997

(9) "Money" has the same meaning as in section 1301.201 of	44998
the Revised Code.	44999

(10) "Offense" means any act or omission that could be	45000
charged as a criminal offense or a delinquent act, whether or not	45001
a formal criminal prosecution or delinquent child proceeding began	45002
at the time the forfeiture is initiated. Except as otherwise	45003
specified, an offense for which property may be forfeited includes	45004
any felony and any misdemeanor. The commission of an "offense"	45005
includes the commission of a delinquent act.	45006

(11) "Proceeds" means both of the following:

45007

(a) In cases involving unlawful goods, services, or	45008
activities, "proceeds" means any property derived directly or	45009
indirectly from an offense. "Proceeds" may include, but is not	45010
limited to, money or any other means of exchange. "Proceeds" is	45011
not limited to the net gain or profit realized from the offense.	45012

(b) In cases involving lawful goods or services that are sold	45013
or provided in an unlawful manner, "proceeds" means the amount of	45014
money or other means of exchange acquired through the illegal	45015
transactions resulting in the forfeiture, less the direct costs	45016
lawfully incurred in providing the goods or services. The lawful	45017
costs deduction does not include any part of the overhead expenses	45018
of, or income taxes paid by, the entity providing the goods or	45019
services. The alleged offender or delinquent child has the burden	45020
to prove that any costs are lawfully incurred.	45021

(12) "Property" means "property" as defined in section	45022
2901.01 of the Revised Code and any benefit, privilege, claim,	45023
position, interest in an enterprise, or right derived, directly or	45024
indirectly, from the offense.	45025

(13) "Property subject to forfeiture" includes contraband and	45026
proceeds and may include instrumentalities as provided in this	45027
chapter.	45028

(14) "Prosecutor" has the same meaning as in section 2935.01	45029
of the Revised Code. When relevant, "prosecutor" also includes the	45030
attorney general.	45031

(15) "Vehicle" has the same meaning as in section 4501.01 of	45032
the Revised Code.	45033

(16) "Watercraft" has the same meaning as in section 1547.01	45034
of the Revised Code.	45035

(C) The penalties and procedures under Chapters 2923., 2925.,	45036
~~and~~ 2933., and 3772. of the Revised Code remain in effect to the	45037
extent that they do not conflict with this chapter.	45038

Sec. 2981.12. (A) Unclaimed or forfeited property in the	45039
custody of a law enforcement agency, other than property described	45040
in division (A)(2) of section 2981.11 of the Revised Code, shall	45041
be disposed of by order of any court of record that has	45042
territorial jurisdiction over the political subdivision that	45043
employs the law enforcement agency, as follows:	45044

(1) Drugs shall be disposed of pursuant to section 3719.11 of	45045
the Revised Code or placed in the custody of the secretary of the	45046
treasury of the United States for disposal or use for medical or	45047
scientific purposes under applicable federal law.	45048

(2) Firearms and dangerous ordnance suitable for police work	45049
may be given to a law enforcement agency for that purpose.	45050
Firearms suitable for sporting use or as museum pieces or	45051
collectors' items may be sold at public auction pursuant to	45052
division (B) of this section. The agency may sell other firearms	45053
and dangerous ordnance to a federally licensed firearms dealer in	45054
a manner that the court considers proper. The agency shall destroy	45055
any firearms or dangerous ordnance not given to a law enforcement	45056
agency or sold or shall send them to the bureau of criminal	45057
identification and investigation for destruction by the bureau.	45058

(3) Obscene materials shall be destroyed.

45059

(4) Beer, intoxicating liquor, or alcohol seized from a	45060
person who does not hold a permit issued under Chapters 4301. and	45061
4303. of the Revised Code or otherwise forfeited to the state for	45062
an offense under section 4301.45 or 4301.53 of the Revised Code	45063
shall be sold by the division of liquor control if the division	45064
determines that it is fit for sale or shall be placed in the	45065
custody of the investigations unit in the department of public	45066
safety and be used for training relating to law enforcement	45067
activities. The department, with the assistance of the division of	45068
liquor control, shall adopt rules in accordance with Chapter 119.	45069
of the Revised Code to provide for the distribution to state or	45070
local law enforcement agencies upon their request. If any tax	45071
imposed under Title XLIII of the Revised Code has not been paid in	45072
relation to the beer, intoxicating liquor, or alcohol, any moneys	45073
acquired from the sale shall first be used to pay the tax. All	45074
other money collected under this division shall be paid into the	45075
state treasury. Any beer, intoxicating liquor, or alcohol that the	45076
division determines to be unfit for sale shall be destroyed.	45077

(5) Money received by an inmate of a correctional institution	45078
from an unauthorized source or in an unauthorized manner shall be	45079
returned to the sender, if known, or deposited in the inmates'	45080
industrial and entertainment fund of the institution if the sender	45081
is not known.	45082

(6)(a) Any mobile instrumentality forfeited under this	45083
chapter may be given to the law enforcement agency that initially	45084
seized the mobile instrumentality for use in performing its	45085
duties, if the agency wants the mobile instrumentality. The agency	45086
shall take the mobile instrumentality subject to any security	45087
interest or lien on the mobile instrumentality.	45088

(b) Vehicles and vehicle parts forfeited under sections	45089
4549.61 to 4549.63 of the Revised Code may be given to a law	45090
enforcement agency for use in performing its duties. Those parts	45091
may be incorporated into any other official vehicle. Parts that do	45092
not bear vehicle identification numbers or derivatives of them may	45093
be sold or disposed of as provided by rules of the director of	45094
public safety. Parts from which a vehicle identification number or	45095
derivative of it has been removed, defaced, covered, altered, or	45096
destroyed and that are not suitable for police work or	45097
incorporation into an official vehicle shall be destroyed and sold	45098
as junk or scrap.	45099

(7) Computers, computer networks, computer systems, and	45100
computer software suitable for police work may be given to a law	45101
enforcement agency for that purpose or disposed of under division	45102
(B) of this section.	45103

(8) Money seized in connection with a violation of section	45104
2905.32, 2907.21, or 2907.22 of the Revised Code shall be	45105
deposited in the victims of human trafficking fund created by	45106
section 5101.87 of the Revised Code.	45107

(B) Unclaimed or forfeited property that is not described in	45108
division (A) of this section or division (A)(2) of section 2981.11	45109
of the Revised Code, with court approval, may be used by the law	45110
enforcement agency in possession of it. If it is not used by the	45111
agency, it may be sold without appraisal at a public auction to	45112
the highest bidder for cash or disposed of in another manner that	45113
the court considers proper.	45114

(C) Except as provided in divisions (A) and (F) of this	45115
section and after compliance with division (D) of this section	45116
when applicable, any moneys acquired from the sale of property	45117
disposed of pursuant to this section shall be placed in the	45118
general revenue fund of the state, or the general fund of the	45119
county, the township, or the municipal corporation of which the	45120
law enforcement agency involved is an agency.	45121

(D) If the property was in the possession of the law	45122
enforcement agency in relation to a delinquent child proceeding in	45123
a juvenile court, ten per cent of any moneys acquired from the	45124
sale of property disposed of under this section shall be applied	45125
to one or more ~~alcohol and drug~~community addiction treatment	45126
~~programs~~services providers that are certified by the department	45127
of ~~alcohol and drug addiction services~~mental health and addiction	45128
services under section ~~3793.06~~5119.36 of the Revised Code. A	45129
juvenile court shall not specify a ~~program~~services provider,	45130
except as provided in this division, unless the ~~program~~services	45131
provider is in the same county as the court or in a contiguous	45132
county. If no certified ~~program~~services provider is located in	45133
any of those counties, the juvenile court may specify a certified	45134
~~program~~services provider anywhere in Ohio. The remaining ninety	45135
per cent of the proceeds or cash shall be applied as provided in	45136
division (C) of this section.	45137

Each ~~treatment program~~services provider that receives in any	45138
calendar year forfeited money under this division shall file an	45139
annual report for that year with the attorney general and with the	45140
court of common pleas and board of county commissioners of the	45141
county in which the ~~program~~services provider is located and of	45142
any other county from which the ~~program~~services provider received	45143
forfeited money. The ~~program~~services provider shall file the	45144
report on or before the first day of March in the calendar year	45145
following the calendar year in which the ~~program~~services provider	45146
received the money. The report shall include statistics on the	45147
number of persons the ~~program~~services provider served, identify	45148
the types of treatment services it provided to them, and include a	45149
specific accounting of the purposes for which it used the money so	45150
received. No information contained in the report shall identify,	45151
or enable a person to determine the identity of, any person served	45152
by the ~~program~~services provider.	45153

(E) Each certified ~~alcohol and drug~~community addiction	45154
~~treatment program~~services provider that receives in any calendar	45155
year money under this section or under section 2981.13 of the	45156
Revised Code as the result of a juvenile forfeiture order shall	45157
file an annual report for that calendar year with the attorney	45158
general and with the court of common pleas and board of county	45159
commissioners of the county in which the ~~program~~services provider	45160
is located and of any other county from which the ~~program~~services	45161
provider received the money. The ~~program~~services provider shall	45162
file the report on or before the first day of March in the	45163
calendar year following the year in which the ~~program~~services	45164
provider received the money. The report shall include statistics	45165
on the number of persons served with the money, identify the types	45166
of treatment services provided, and specifically account for how	45167
the money was used. No information in the report shall identify or	45168
enable a person to determine the identity of anyone served by the	45169
~~program~~services provider.	45170

As used in this division, "juvenile-related forfeiture order"	45171
means any forfeiture order issued by a juvenile court under	45172
section 2981.04 or 2981.05 of the Revised Code and any disposal of	45173
property ordered by a court under section 2981.11 of the Revised	45174
Code regarding property that was in the possession of a law	45175
enforcement agency in relation to a delinquent child proceeding in	45176
a juvenile court.	45177

(F) Each board of county commissioners that recognizes a	45178
citizens' reward program under section 9.92 of the Revised Code	45179
shall notify each law enforcement agency of that county and of a	45180
township or municipal corporation wholly located in that county of	45181
the recognition by filing a copy of its resolution conferring that	45182
recognition with each of those agencies. When the board recognizes	45183
a citizens' reward program and the county includes a part, but not	45184
all, of the territory of a municipal corporation, the board shall	45185
so notify the law enforcement agency of that municipal corporation	45186
of the recognition of the citizens' reward program only if the	45187
county contains the highest percentage of the municipal	45188
corporation's population.	45189

Upon being so notified, each law enforcement agency shall pay	45190
twenty-five per cent of any forfeited proceeds or cash derived	45191
from each sale of property disposed of pursuant to this section to	45192
the citizens' reward program for use exclusively to pay rewards.	45193
No part of the funds may be used to pay expenses associated with	45194
the program. If a citizens' reward program that operates in more	45195
than one county or in another state in addition to this state	45196
receives funds under this section, the funds shall be used to pay	45197
rewards only for tips and information to law enforcement agencies	45198
concerning offenses committed in the county from which the funds	45199
were received.	45200

Receiving funds under this section or section 2981.11 of the	45201
Revised Code does not make the citizens' reward program a	45202
governmental unit or public office for purposes of section 149.43	45203
of the Revised Code.	45204

(G) Any property forfeited under this chapter shall not be	45205
used to pay any fine imposed upon a person who is convicted of or	45206
pleads guilty to an underlying criminal offense or a different	45207
offense arising out of the same facts and circumstances.	45208

(H) Any moneys acquired from the sale of personal effects,	45209
tools, or other property seized because the personal effects,	45210
tools, or other property were used in the commission of a	45211
violation of section 2905.32, 2907.21, or 2907.22 of the Revised	45212
Code or derived from the proceeds of the commission of a violation	45213
of section 2905.32, 2907.21, or 2907.22 of the Revised Code and	45214
disposed of pursuant to this section shall be placed in the	45215
victims of human trafficking fund created by section 5101.87 of	45216
the Revised Code.	45217

Sec. 2981.13. (A) Except as otherwise provided in this	45218
section, property ordered forfeited as contraband, proceeds, or an	45219
instrumentality pursuant to this chapter shall be disposed of,	45220
used, or sold pursuant to section 2981.12 of the Revised Code. If	45221
the property is to be sold under that section, the prosecutor	45222
shall cause notice of the proposed sale to be given in accordance	45223
with law.	45224

(B) If the contraband or instrumentality forfeited under this	45225
chapter is sold, any moneys acquired from a sale and any proceeds	45226
forfeited under this chapter shall be applied in the following	45227
order:	45228

(1) First, to pay costs incurred in the seizure, storage,	45229
maintenance, security, and sale of the property and in the	45230
forfeiture proceeding;	45231

(2) Second, in a criminal forfeiture case, to satisfy any	45232
restitution ordered to the victim of the offense or, in a civil	45233
forfeiture case, to satisfy any recovery ordered for the person	45234
harmed, unless paid from other assets;	45235

(3) Third, to pay the balance due on any security interest	45236
preserved under this chapter;	45237

(4) Fourth, apply the remaining amounts as follows:

45238

(a) If the forfeiture was ordered by a juvenile court, ten	45239
per cent to one or more certified alcohol and drug addiction	45240
treatment programs as provided in division (D) of section 2981.12	45241
of the Revised Code;	45242

(b) If the forfeiture was ordered in a juvenile court, ninety	45243
per cent, and if the forfeiture was ordered in a court other than	45244
a juvenile court, one hundred per cent to the law enforcement	45245
trust fund of the prosecutor and to the following fund supporting	45246
the law enforcement agency that substantially conducted the	45247
investigation: the law enforcement trust fund of the county	45248
sheriff, municipal corporation, township, or park district created	45249
under section 511.18 or 1545.01 of the Revised Code; the state	45250
highway patrol contraband, forfeiture, and other fund; the	45251
department of public safety investigative unit contraband,	45252
forfeiture, and other fund; the department of taxation enforcement	45253
fund; the board of pharmacy drug law enforcement fund created by	45254
division (B)(1) of section 4729.65 of the Revised Code; the	45255
medicaid fraud investigation and prosecution fund; the casino	45256
control commission enforcement fund created by section 3772.36 of	45257
the Revised Code; or the treasurer of state for deposit into the	45258
peace officer training commission fund if any other state law	45259
enforcement agency substantially conducted the investigation. In	45260
the case of property forfeited for medicaid fraud, any remaining	45261
amount shall be used by the attorney general to investigate and	45262
prosecute medicaid fraud offenses.	45263

If the prosecutor declines to accept any of the remaining	45264
amounts, the amounts shall be applied to the fund of the agency	45265
that substantially conducted the investigation.	45266

(c) If more than one law enforcement agency is substantially	45267
involved in the seizure of property forfeited under this chapter,	45268
the court ordering the forfeiture shall equitably divide the	45269
amounts, after calculating any distribution to the law enforcement	45270
trust fund of the prosecutor pursuant to division (B)(4) of this	45271
section, among the entities that the court determines were	45272
substantially involved in the seizure.	45273

(C)(1) A law enforcement trust fund shall be established by	45274
the prosecutor of each county who intends to receive any remaining	45275
amounts pursuant to this section, by the sheriff of each county,	45276
by the legislative authority of each municipal corporation, by the	45277
board of township trustees of each township that has a township	45278
police department, township or joint police district police force,	45279
or office of the constable, and by the board of park commissioners	45280
of each park district created pursuant to section 511.18 or	45281
1545.01 of the Revised Code that has a park district police force	45282
or law enforcement department, for the purposes of this section.	45283

There is hereby created in the state treasury the state	45284
highway patrol contraband, forfeiture, and other fund, the	45285
department of public safety investigative unit contraband,	45286
forfeiture, and other fund, the medicaid fraud investigation and	45287
prosecution fund, the department of taxation enforcement fund, and	45288
the peace officer training commission fund, for the purposes of	45289
this section.	45290

Amounts distributed to any municipal corporation, township,	45291
or park district law enforcement trust fund shall be allocated	45292
from the fund by the legislative authority only to the police	45293
department of the municipal corporation, by the board of township	45294
trustees only to the township police department, township police	45295
district police force, or office of the constable, by the joint	45296
police district board only to the joint police district, and by	45297
the board of park commissioners only to the park district police	45298
force or law enforcement department.	45299

(2)(a) No amounts shall be allocated to a fund created under	45300
this section or used by an agency unless the agency has adopted a	45301
written internal control policy that addresses the use of moneys	45302
received from the appropriate fund. The appropriate fund shall be	45303
expended only in accordance with that policy and, subject to the	45304
requirements specified in this section, only for the following	45305
purposes:	45306

(i) To pay the costs of protracted or complex investigations	45307
or prosecutions;	45308

(ii) To provide reasonable technical training or expertise;

45309

(iii) To provide matching funds to obtain federal grants to	45310
aid law enforcement, in the support of DARE programs or other	45311
programs designed to educate adults or children with respect to	45312
the dangers associated with the use of drugs of abuse;	45313

(iv) To pay the costs of emergency action taken under section	45314
3745.13 of the Revised Code relative to the operation of an	45315
illegal methamphetamine laboratory if the forfeited property or	45316
money involved was that of a person responsible for the operation	45317
of the laboratory;	45318

(v) For other law enforcement purposes that the	45319
superintendent of the state highway patrol, department of public	45320
safety, prosecutor, county sheriff, legislative authority,	45321
department of taxation, Ohio casino control commission, board of	45322
township trustees, or board of park commissioners determines to be	45323
appropriate.	45324

(b) The board of pharmacy drug law enforcement fund shall be	45325
expended only in accordance with the written internal control	45326
policy so adopted by the board and only in accordance with section	45327
4729.65 of the Revised Code, except that it also may be expended	45328
to pay the costs of emergency action taken under section 3745.13	45329
of the Revised Code relative to the operation of an illegal	45330
methamphetamine laboratory if the forfeited property or money	45331
involved was that of a person responsible for the operation of the	45332
laboratory.	45333

(c) The state highway patrol contraband, forfeiture, and	45334
other fund, the department of public safety investigative unit	45335
contraband, forfeiture, and other fund, the department of taxation	45336
enforcement fund, the board of pharmacy drug law enforcement fund,	45337
the casino control commission enforcement fund, and a law	45338
enforcement trust fund shall not be used to meet the operating	45339
costs of the state highway patrol, of the investigative unit of	45340
the department of public safety, of the state board of pharmacy,	45341
of any political subdivision, of the Ohio casino control	45342
commission, or of any office of a prosecutor or county sheriff	45343
that are unrelated to law enforcement.	45344

(d) Forfeited moneys that are paid into the state treasury to	45345
be deposited into the peace officer training commission fund shall	45346
be used by the commission only to pay the costs of peace officer	45347
training.	45348

(3) Any of the following offices or agencies that receive	45349
amounts under this section during any calendar year shall file a	45350
report with the specified entity, not later than the thirty-first	45351
day of January of the next calendar year, verifying that the	45352
moneys were expended only for the purposes authorized by this	45353
section or other relevant statute and specifying the amounts	45354
expended for each authorized purpose:	45355

(a) Any sheriff or prosecutor shall file the report with the	45356
county auditor.	45357

(b) Any municipal corporation police department shall file	45358
the report with the legislative authority of the municipal	45359
corporation.	45360

(c) Any township police department, township or joint police	45361
district police force, or office of the constable shall file the	45362
report with the board of township trustees of the township.	45363

(d) Any park district police force or law enforcement	45364
department shall file the report with the board of park	45365
commissioners of the park district.	45366

(e) The superintendent of the state highway patrol and the	45367
tax commissioner shall file the report with the attorney general.	45368

(f) The executive director of the state board of pharmacy	45369
shall file the report with the attorney general, verifying that	45370
cash and forfeited proceeds paid into the board of pharmacy drug	45371
law enforcement fund were used only in accordance with section	45372
4729.65 of the Revised Code.	45373

(g) The peace officer training commission shall file a report	45374
with the attorney general, verifying that cash and forfeited	45375
proceeds paid into the peace officer training commission fund	45376
pursuant to this section during the prior calendar year were used	45377
by the commission during the prior calendar year only to pay the	45378
costs of peace officer training.	45379

(h) The executive director of the Ohio casino control	45380
commission shall file the report with the attorney general,	45381
verifying that cash and forfeited proceeds paid into the casino	45382
control commission enforcement fund were used only in accordance	45383
with section 3772.36 of the Revised Code.	45384

(D) The written internal control policy of a county sheriff,	45385
prosecutor, municipal corporation police department, township	45386
police department, township or joint police district police force,	45387
office of the constable, or park district police force or law	45388
enforcement department shall provide that at least ten per cent of	45389
the first one hundred thousand dollars of amounts deposited during	45390
each calendar year in the agency's law enforcement trust fund	45391
under this section, and at least twenty per cent of the amounts	45392
exceeding one hundred thousand dollars that are so deposited,	45393
shall be used in connection with community preventive education	45394
programs. The manner of use shall be determined by the sheriff,	45395
prosecutor, department, police force, or office of the constable	45396
after receiving and considering advice on appropriate community	45397
preventive education programs from the county's board of alcohol,	45398
drug addiction, and mental health services, from the county's	45399
alcohol and drug addiction services board, or through appropriate	45400
community dialogue.	45401

The financial records kept under the internal control policy	45402
shall specify the amount deposited during each calendar year in	45403
the portion of that amount that was used pursuant to this	45404
division, and the programs in connection with which the portion of	45405
that amount was so used.	45406

As used in this division, "community preventive education	45407
programs" include, but are not limited to, DARE programs and other	45408
programs designed to educate adults or children with respect to	45409
the dangers associated with using drugs of abuse.	45410

(E) Upon the sale, under this section or section 2981.12 of	45411
the Revised Code, of any property that is required by law to be	45412
titled or registered, the state shall issue an appropriate	45413
certificate of title or registration to the purchaser. If the	45414
state is vested with title and elects to retain property that is	45415
required to be titled or registered under law, the state shall	45416
issue an appropriate certificate of title or registration.	45417

(F) Any failure of a law enforcement officer or agency,	45418
prosecutor, court, or the attorney general to comply with this	45419
section in relation to any property seized does not affect the	45420
validity of the seizure and shall not be considered to be the	45421
basis for suppressing any evidence resulting from the seizure,	45422
provided the seizure itself was lawful.	45423

Sec. 3101.051. (A) Except as provided in division (B) of	45424
this section, a probate court shall make available to any person	45425
for inspection the records pertaining to the issuance of marriage	45426
licenses as provided under section 149.43 of the Revised Code.	45427

(B) Before it makes available to a person any records	45428
pertaining to the issuance of a marriage license as described in	45429
division (A) of this section, subject to division (C) of this	45430
section, a probate court shall delete or otherwise remove any	45431
social security numbers of the parties to a marriage so that they	45432
are not available to the person inspecting the records.	45433

(C) Division (B) of this section does not apply in any of the	45434
following circumstances:	45435

(1) If the records in question are inspected by authorized	45436
personnel of the division of child support in the department of	45437
job and family services under section ~~5101.31~~5101.37 of the	45438
Revised Code;	45439

(2) If the records in question are inspected by law	45440
enforcement personnel for purposes of a criminal investigation;	45441

(3) If the records in question with the social security	45442
numbers are necessary for use in a civil or criminal trial and the	45443
release of the records with the social security numbers is ordered	45444
by a court with jurisdiction over the trial;	45445

(4) If the records in question are inspected by either party	45446
to the marriage to which the records pertain;	45447

(5) If the court possessed the records in question prior to	45448
the effective date of this section.	45449

Sec. 3107.083. Not later than ninety days after June 20,	45450
1996, the director of job and family services shall do all of the	45451
following:	45452

(A)(1) For a parent of a child who, if adopted, will be an	45453
adopted person as defined in section 3107.45 of the Revised Code,	45454
prescribe a form that has the following six components:	45455

(a) A component the parent signs under section 3107.071,	45456
3107.081, or 5103.151 of the Revised Code to indicate the	45457
requirements of section 3107.082 or 5103.152 of the Revised Code	45458
have been met. The component shall be as follows:	45459

"Statement Concerning Ohio Law and Adoption Materials	45460

By signing this component of this form, I acknowledge that it	45461
has been explained to me, and I understand, that, if I check the	45462
space on the next component of this form that indicates that I	45463
authorize the release, the adoption file maintained by the Ohio	45464
Department of Health, which contains identifying information about	45465
me at the time of my child's birth, will be released, on request,	45466
to the adoptive parent when the adoptee is at least age eighteen	45467
but younger than age twenty-one and to the adoptee when he or she	45468
is age twenty-one or older. It has also been explained to me, and	45469
I understand, that I may prohibit the release of identifying	45470
information about me contained in the adoption file by checking	45471
the space on the next component of this form that indicates that I	45472
do not authorize the release of the identifying information. It	45473
has additionally been explained to me, and I understand, that I	45474
may change my mind regarding the decision I make on the next	45475
component of this form at any time and as many times as I desire	45476
by signing, dating, and having filed with the Ohio Department of	45477
Health a denial of release form or authorization of release form	45478
prescribed and provided by the Department of Health and providing	45479
the Department two items of identification.	45480

By signing this component of this form, I also acknowledge	45481
that I have been provided a copy of written materials about	45482
adoption prepared by the Ohio Department of Job and Family	45483
Services, the adoption process and ramifications of consenting to	45484
adoption or entering into a voluntary permanent custody surrender	45485
agreement have been discussed with me, and I have been provided	45486
the opportunity to review the materials and ask questions about	45487
the materials and discussion.	45488

Signature of biological parent:		45489
Signature of witness:		45490
Date:	"	45491

(b) A component the parent signs under section 3107.071,	45492
3107.081, or 5103.151 of the Revised Code regarding the parent's	45493
decision whether to allow identifying information about the parent	45494
contained in an adoption file maintained by the department of	45495
health to be released to the parent's child and adoptive parent	45496
pursuant to section 3107.47 of the Revised Code. The component	45497
shall be as follows:	45498

"Statement Regarding Release of Identifying Information	45499

The purpose of this component of this form is to allow a	45500
biological parent to decide whether to allow the Ohio Department	45501
of Health to provide an adoptee and adoptive parent identifying	45502
information about the adoptee's biological parent contained in an	45503
adoption file maintained by the Department. Please check one of	45504
the following spaces:	45505

	......		YES, I authorize the Ohio Department of Health to release identifying information about me, on request, to the adoptive parent when the adoptee is at least age eighteen but younger than age twenty-one and to the adoptee when he or she is age twenty-one or older.		45506
	......		NO, I do not authorize the release of identifying information about me to the adoptive parent or adoptee.		45507

Signature of biological parent:		45508
Signature of witness:		45509
Date:	"	45510

(c) A component the parent, if the mother of the child,	45511
completes and signs under section 3107.071, 3107.081, or 5103.151	45512
of the Revised Code to indicate, to the extent of the mother's	45513
knowledge, all of the following:	45514

(i) Whether the mother, during her pregnancy, was a recipient	45515
of the ~~medical assistance~~medicaid program ~~established under~~	45516
~~Chapter 5111. of the Revised Code~~ or other public health insurance	45517
program and, if so, the dates her eligibility began and ended;	45518

(ii) Whether the mother, during her pregnancy, was covered by	45519
private health insurance and, if so, the dates the coverage began	45520
and ended, the name of the insurance provider, the type of	45521
coverage, and the identification number of the coverage;	45522

(iii) The name and location of the hospital, freestanding	45523
~~birth~~birthing center, or other place where the mother gave birth	45524
and, if different, received medical care immediately after giving	45525
birth;	45526

(iv) The expenses of the obstetrical and neonatal care;

45527

(v) Whether the mother has been informed that the adoptive	45528
parent or the agency or attorney arranging the adoption are to pay	45529
expenses involved in the adoption, including expenses the mother	45530
has paid and expects to receive or has received reimbursement,	45531
and, if so, what expenses are to be or have been paid and an	45532
estimate of the expenses;	45533

(vi) Any other information related to expenses the department	45534
determines appropriate to be included in this component.	45535

(d) A component the parent may sign to authorize the agency	45536
or attorney arranging the adoption to provide to the child or	45537
adoptive parent materials, other than photographs of the parent,	45538
that the parent requests be given to the child or adoptive parent	45539
pursuant to section 3107.68 of the Revised Code.	45540

(e) A component the parent may sign to authorize the agency	45541
or attorney arranging the adoption to provide to the child or	45542
adoptive parent photographs of the parent pursuant to section	45543
3107.68 of the Revised Code.	45544

(f) A component the parent may sign to authorize the agency	45545
or attorney arranging the adoption to provide to the child or	45546
adoptive parent the first name of the parent pursuant to section	45547
3107.68 of the Revised Code.	45548

(2) State at the bottom of the form that the parent is to	45549
receive a copy of the form the parent signed.	45550

(3) Provide copies of the form prescribed under this division	45551
to probate and juvenile courts, public children services agencies,	45552
private child placing agencies, private noncustodial agencies,	45553
attorneys, and persons authorized to take acknowledgments.	45554

(B)(1) For a parent of a child who, if adopted, will become	45555
an adopted person as defined in section 3107.39 of the Revised	45556
Code, prescribe a form that has the following five components:	45557

(a) A component the parent signs under section 3107.071,	45558
3107.081, or 5103.151 of the Revised Code to attest that the	45559
requirement of division (A) of section 3107.082 or division (A) of	45560
section 5103.152 of the Revised Code has been met;	45561

(b) A component the parent, if the mother of the child,	45562
completes and signs under section 3107.071, 3107.081, or 5103.151	45563
of the Revised Code to indicate, to the extent of the mother's	45564
knowledge, all of the following:	45565

(i) Whether the mother, during her pregnancy, was a recipient	45566
of the ~~medical assistance~~medicaid program ~~established under~~	45567
~~Chapter 5111. of the Revised Code~~ or other public health insurance	45568
program and, if so, the dates her eligibility began and ended;	45569

(ii) Whether the mother, during her pregnancy, was covered by	45570
private health insurance and, if so, the dates the coverage began	45571
and ended, the name of the insurance provider, the type of	45572
coverage, and the identification number of the coverage;	45573

(iii) The name and location of the hospital, freestanding	45574
~~birth~~birthing center, or other place where the mother gave birth	45575
and, if different, received medical care immediately after giving	45576
birth;	45577

(iv) The expenses of the obstetrical and neonatal care;

45578

(v) Whether the mother has been informed that the adoptive	45579
parent or the agency or attorney arranging the adoption are to pay	45580
expenses involved in the adoption, including expenses the mother	45581
has paid and expects to receive or has received reimbursement for,	45582
and, if so, what expenses are to be or have been paid and an	45583
estimate of the expenses;	45584

(vi) Any other information related to expenses the department	45585
determines appropriate to be included in the component.	45586

(c) A component the parent may sign to authorize the agency	45587
or attorney arranging the adoption to provide to the child or	45588
adoptive parent materials, other than photographs of the parent,	45589
that the parent requests be given to the child or adoptive parent	45590
pursuant to section 3107.68 of the Revised Code.	45591

(d) A component the parent may sign to authorize the agency	45592
or attorney arranging the adoption to provide to the child or	45593
adoptive parent photographs of the parent pursuant to section	45594
3107.68 of the Revised Code.	45595

(e) A component the parent may sign to authorize the agency	45596
or attorney arranging the adoption to provide to the child or	45597
adoptive parent the first name of the parent pursuant to section	45598
3107.68 of the Revised Code.	45599

(2) State at the bottom of the form that the parent is to	45600
receive a copy of the form the parent signed.	45601

(3) Provide copies of the form prescribed under this division	45602
to probate and juvenile courts, public children services agencies,	45603
private child placing agencies, private noncustodial agencies, and	45604
attorneys.	45605

(C) Prepare the written materials about adoption that are	45606
required to be given to parents under division (A) of section	45607
3107.082 and division (A) of section 5103.152 of the Revised Code.	45608
The materials shall provide information about the adoption	45609
process, including ramifications of a parent consenting to a	45610
child's adoption or entering into a voluntary permanent custody	45611
surrender agreement. The materials also shall include referral	45612
information for professional counseling and adoption support	45613
organizations. The director shall provide the materials to	45614
assessors.	45615

(D) Adopt rules in accordance with Chapter 119. of the	45616
Revised Code specifying the documents that must be filed with a	45617
probate court under divisions (B) and (D) of section 3107.081 of	45618
the Revised Code and a juvenile court under divisions (C) and (E)	45619
of section 5103.151 of the Revised Code.	45620

Sec. 3109.15. There is hereby created within the department	45621
of job and family services the children's trust fund board	45622
consisting of fifteen members. The directors of ~~alcohol and drug~~	45623
~~addiction services~~mental health and addiction services, health,	45624
and job and family services shall be members of the board. Eight	45625
public members shall be appointed by the governor. These members	45626
shall be persons with demonstrated knowledge in programs for	45627
children, shall be representative of the demographic composition	45628
of this state, and, to the extent practicable, shall be	45629
representative of the following categories: the educational	45630
community; the legal community; the social work community; the	45631
medical community; the voluntary sector; and professional	45632
providers of child abuse and child neglect services. Five of these	45633
members shall be residents of metropolitan statistical areas as	45634
defined by the United States office of management and budget where	45635
the population exceeds four hundred thousand; no two such members	45636
shall be residents of the same metropolitan statistical area. Two	45637
members of the board shall be members of the house of	45638
representatives appointed by the speaker of the house of	45639
representatives and shall be members of two different political	45640
parties. Two members of the board shall be members of the senate	45641
appointed by the president of the senate and shall be members of	45642
two different political parties. All members of the board	45643
appointed by the speaker of the house of representatives or the	45644
president of the senate shall serve until the expiration of the	45645
sessions of the general assembly during which they were appointed.	45646
They may be reappointed to an unlimited number of successive terms	45647
of two years at the pleasure of the speaker of the house of	45648
representatives or president of the senate. Public members shall	45649
serve terms of three years. Each member shall serve until the	45650
member's successor is appointed, or until a period of sixty days	45651
has elapsed, whichever occurs first. No public member may serve	45652
more than two consecutive full terms. All vacancies on the board	45653
shall be filled for the balance of the unexpired term in the same	45654
manner as the original appointment.	45655

Any member of the board may be removed by the member's	45656
appointing authority for misconduct, incompetency, or neglect of	45657
duty after first being given the opportunity to be heard in the	45658
member's own behalf. Pursuant to section 3.17 of the Revised Code,	45659
a member, except a member of the general assembly or a judge of	45660
any court in the state, who fails to attend at least three-fifths	45661
of the regular and special meetings held by the board during any	45662
two-year period forfeits the member's position on the board.	45663

Each member of the board shall serve without compensation but	45664
shall be reimbursed for all actual and necessary expenses incurred	45665
in the performance of official duties.	45666

At the beginning of the first year of each even-numbered	45667
general assembly, the chairperson of the board shall be appointed	45668
by the speaker of the house of representatives from among members	45669
of the board who are members of the house of representatives. At	45670
the beginning of the first year of each odd-numbered general	45671
assembly, the chairperson of the board shall be appointed by the	45672
president of the senate from among the members of the board who	45673
are senate members.	45674

The board shall biennially select a vice-chair from among its	45675
nonlegislative members.	45676

Sec. 3111.04. (A) An action to determine the existence or	45677
nonexistence of the father and child relationship may be brought	45678
by the child or the child's personal representative, the child's	45679
mother or her personal representative, a man alleged or alleging	45680
himself to be the child's father, the child support enforcement	45681
agency of the county in which the child resides if the child's	45682
mother, father, or alleged father is a recipient of public	45683
assistance or of services under Title IV-D of the "Social Security	45684
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	45685
alleged father's personal representative.	45686

(B) An agreement does not bar an action under this section.

45687

(C) If an action under this section is brought before the	45688
birth of the child and if the action is contested, all	45689
proceedings, except service of process and the taking of	45690
depositions to perpetuate testimony, may be stayed until after the	45691
birth.	45692

(D) A recipient of public assistance or of services under	45693
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	45694
U.S.C.A. 651, as amended, shall cooperate with the child support	45695
enforcement agency of the county in which a child resides to	45696
obtain an administrative determination pursuant to sections	45697
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	45698
determination pursuant to sections 3111.01 to 3111.18 of the	45699
Revised Code, of the existence or nonexistence of a parent and	45700
child relationship between the father and the child. If the	45701
recipient fails to cooperate, the agency may commence an action to	45702
determine the existence or nonexistence of a parent and child	45703
relationship between the father and the child pursuant to sections	45704
3111.01 to 3111.18 of the Revised Code.	45705

(E) As used in this section, "public assistance" means all of	45706
the following:	45707

(1) Medicaid ~~under Chapter 5111. of the Revised Code~~;

45708

(2) Ohio works first under Chapter 5107. of the Revised Code;

45709

(3) Disability financial assistance under Chapter 5115. of	45710
the Revised Code.	45711

Sec. 3111.72. The contract between the department of job and	45712
family services and a local hospital shall require all of the	45713
following:	45714

(A) That the hospital provide a staff person to meet with	45715
each unmarried mother who gave birth in or en route to the	45716
hospital within twenty-four hours of the birth or before the	45717
mother is released from the hospital;	45718

(B) That the staff person attempt to meet with the father of	45719
the unmarried mother's child if possible;	45720

(C) That the staff person explain to the unmarried mother and	45721
the father, if he is present, the benefit to the child of	45722
establishing a parent and child relationship between the father	45723
and the child and the various proper procedures for establishing a	45724
parent and child relationship;	45725

(D) That the staff person present to the unmarried mother	45726
and, if possible, the father, the pamphlet or statement regarding	45727
the rights and responsibilities of a natural parent that is	45728
prepared and provided by the department of job and family services	45729
pursuant to section 3111.32 of the Revised Code;	45730

(E) That the staff person provide the mother and, if	45731
possible, the father, all forms and statements necessary to	45732
voluntarily establish a parent and child relationship, including,	45733
but not limited to, the acknowledgment of paternity affidavit	45734
prepared by the department of job and family services pursuant to	45735
section 3111.31 of the Revised Code;	45736

(F) That the staff person, at the request of both the mother	45737
and father, help the mother and father complete any form or	45738
statement necessary to establish a parent and child relationship;	45739

(G) That the hospital provide a notary public to notarize an	45740
acknowledgment of paternity affidavit signed by the mother and	45741
father;	45742

(H) That the staff person present to an unmarried mother who	45743
is not participating in the Ohio works first program established	45744
under Chapter 5107. of the Revised Code or receiving ~~medical~~	45745
~~assistance under Chapter 5111. of the Revised Code~~medicaid an	45746
application for Title IV-D services;	45747

(I) That the staff person forward any completed	45748
acknowledgment of paternity, no later than ten days after it is	45749
completed, to the office of child support in the department of job	45750
and family services;	45751

(J) That the department of job and family services pay the	45752
hospital twenty dollars for every correctly signed and notarized	45753
acknowledgment of paternity affidavit from the hospital.	45754

Sec. 3119.29. (A) As used in this section and sections	45755
3119.30 to 3119.56 of the Revised Code:	45756

(1) "Cash medical support" means an amount ordered to be paid	45757
in a child support order toward the cost of health insurance	45758
provided by a public entity, another parent, or person with whom	45759
the child resides, through employment or otherwise, or for other	45760
medical cost not covered by insurance.	45761

(2) "Federal poverty line" has the same meaning as defined in	45762
section 5104.01 of the Revised Code.	45763

(3) "Health care" means such medical support that includes	45764
coverage under a health insurance plan, payment of costs of	45765
premiums, ~~co-payments~~copayments, and deductibles, or payment for	45766
medical expenses incurred on behalf of the child.	45767

(4) "Health insurance coverage" means accessible private	45768
health insurance that provides primary care services within thirty	45769
miles from the residence of the child subject to the child support	45770
order.	45771

(5) "Health plan administrator" means any entity authorized	45772
under Title XXXIX of the Revised Code to engage in the business of	45773
insurance in this state, any health insuring corporation, any	45774
legal entity that is self-insured and provides benefits to its	45775
employees or members, and the administrator of any such entity or	45776
corporation.	45777

(6) "National medical support notice" means a form required	45778
by the "Child Support Performance and Incentive Act of 1998," P.L.	45779
105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as amended, and	45780
jointly developed and promulgated by the secretary of health and	45781
human services and the secretary of labor in federal regulations	45782
adopted under that act as modified by the department of job and	45783
family services under section 3119.291 of the Revised Code.	45784

(7) "Person required to provide health insurance coverage"	45785
means the obligor, obligee, or both, required by the court under a	45786
court child support order or by the child support enforcement	45787
agency under an administrative child support order to provide	45788
health insurance coverage pursuant to section 3119.30 of the	45789
Revised Code.	45790

(8) Subject to division (B) of this section, "reasonable	45791
cost" means the contributing cost of private family health	45792
insurance to the person responsible for the health care of the	45793
children subject to the child support order that does not exceed	45794
an amount equal to five per cent of the annual gross income of	45795
that person.	45796

(9) "Title XIX" has the same meaning as ~~defined~~ in section	45797
~~5111.20~~5165.01 of the Revised Code.	45798

(B) If the United States secretary of health and human	45799
services issues a regulation defining "reasonable cost" or a	45800
similar term or phrase relevant to the provisions in child support	45801
orders relating to the provision of health care for children	45802
subject to the orders, and if that definition is substantively	45803
different from the meaning of "reasonable cost" as defined in	45804
division (A) of this section, "reasonable cost" as used in this	45805
section shall have the meaning as defined by the United States	45806
secretary of health and human services.	45807

Sec. 3119.54. A party to a child support order issued in	45808
accordance with section 3119.30 of the Revised Code shall notify	45809
any physician, hospital, or other provider of medical services	45810
that provides medical services to the child who is the subject of	45811
the child support order of the number of any health insurance or	45812
health care policy, contract, or plan that covers the child if the	45813
child is eligible for ~~medical assistance under Chapter 5111. of~~	45814
~~the Revised Code~~medicaid. The party shall include in the notice	45815
the name and address of the insurer. Any physician, hospital, or	45816
other provider of medical services ~~for which medical assistance is~~	45817
~~available under Chapter 5111. of the Revised Code~~covered by the	45818
medicaid program who is notified under this section of the	45819
existence of a health insurance or health care policy, contract,	45820
or plan with coverage for children who are eligible for ~~medical~~	45821
~~assistance~~medicaid shall first bill the insurer for any services	45822
provided for those children. If the insurer fails to pay all or	45823
any part of a claim filed under this section and the services for	45824
which the claim is filed are covered by ~~Chapter 5111. of the~~	45825
~~Revised Code~~the medicaid program, the physician, hospital, or	45826
other medical services provider shall bill the remaining unpaid	45827
costs of the services ~~in accordance with Chapter 5111. of the~~	45828
~~Revised Code~~to the medicaid program.	45829

Sec. 3121.441. (A) Notwithstanding the provisions of this	45830
chapter, Chapters 3119., 3123., and 3125., and sections 3770.071	45831
and 5107.20 of the Revised Code providing for the office of child	45832
support in the department of job and family services to collect,	45833
withhold, or deduct spousal support, when a court pursuant to	45834
section 3105.18 or 3105.65 of the Revised Code issues or modifies	45835
an order requiring an obligor to pay spousal support or grants or	45836
modifies a decree of dissolution of marriage incorporating a	45837
separation agreement that provides for spousal support, or at any	45838
time after the issuance, granting, or modification of an order or	45839
decree of that type, the court may permit the obligor to make the	45840
spousal support payments directly to the obligee instead of to the	45841
office if the obligee and the obligor have no minor children born	45842
as a result of their marriage and the obligee has not assigned the	45843
spousal support amounts to the department pursuant to section	45844
~~5101.59 or~~ 5107.20 or 5160.38 of the Revised Code.	45845

(B) A court that permits an obligor to make spousal support	45846
payments directly to the obligee pursuant to division (A) of this	45847
section shall order the obligor to make the spousal support	45848
payments as a check, as a money order, or in any other form that	45849
establishes a clear record of payment.	45850

(C) If a court permits an obligor to make spousal support	45851
payments directly to an obligee pursuant to division (A) of this	45852
section and the obligor is in default in making any spousal	45853
support payment to the obligee, the court, upon motion of the	45854
obligee or on its own motion, may rescind the permission granted	45855
under that division. After the rescission, the court shall	45856
determine the amount of arrearages in the spousal support payments	45857
and order the obligor to make to the office of child support in	45858
the department of job and family services any spousal support	45859
payments that are in arrears and any future spousal support	45860
payments. Upon the issuance of the order of the court under this	45861
division, the provisions of this chapter, Chapters 3119., 3123.,	45862
and 3125., and sections 3770.071 and 5107.20 of the Revised Code	45863
apply with respect to the collection, withholding, or deduction of	45864
the obligor's spousal support payments that are the subject of	45865
that order of the court.	45866

Sec. 3121.89. As used in sections 3121.891 to 3121.8911 of	45867
the Revised Code:	45868

(A) "Contractor" means an individual who provides services to	45869
an employer as an independent contractor for compensation that is	45870
reported as income other than wages and who is an individual, the	45871
sole shareholder of a corporation, or the sole member of a limited	45872
liability company. "Contractor" does not include any of the	45873
following:	45874

(1) An individual performing intelligence or	45875
counterintelligence functions for a state agency if the head of	45876
the agency has determined that reporting pursuant to this section	45877
could endanger the safety of the individual or compromise an	45878
ongoing investigation or intelligence mission;	45879

(2) A professionally licensed person who is providing	45880
services to the employer under that license;	45881

(3) An individual who will receive for the services provided	45882
under the contract compensation of less than two thousand five	45883
hundred dollars per year or a greater amount that the director of	45884
job and family services establishes by rule adopted under section	45885
3121.896 of the Revised Code.	45886

(B) "Employee" means an individual who is employed to provide	45887
services to an employer for compensation that is reported as	45888
income from wages. "Employee" does not include an individual	45889
performing intelligence or counterintelligence functions for a	45890
state agency, if the head of the agency has determined that	45891
reporting pursuant to this section could endanger the safety of	45892
the employee or compromise an ongoing investigation or	45893
intelligence mission.	45894

(C) "Employer" means any person or governmental entity other	45895
than the federal government for which an individual performs any	45896
service, of whatever nature, as the employee or contractor of such	45897
person, except that:	45898

(1) If the person for whom the individual performs services	45899
does not have control of the payment of compensation for the	45900
services, "employer" means the person having control of the	45901
payment of the compensation.	45902

(2) In the case of a person paying compensation on behalf of	45903
a nonresident alien individual, foreign partnership, or foreign	45904
corporation not engaged in trade or business within the United	45905
States, "employer" means the person paying the compensation.	45906

(3) In the case of compensation paid to a contractor,	45907
"employer" does not include any person or entity that lacks a	45908
federal employer identification number.	45909

(D) "Newly hired employee" means either of the following:

45910

(1) An employee who has not previously been employed by the	45911
employer;	45912

(2) An employee who was previously employed by an employer	45913
but has been separated from that prior employment for at least	45914
sixty consecutive days.	45915

(E) "Professionally licensed person" has the same meaning as	45916
in section 2925.01 of the Revised Code.	45917

Sec. 3121.891. (A) Except as provided in division (B) or (C)	45918
of this section, every employer shall make a new hire report to	45919
the department of job and family services regarding ~~the hiring,~~	45920
~~rehiring, or return to work as an~~a newly hired employee or a	45921
contractor of a person who resides, works, or will be assigned to	45922
work in this state to whom the employer anticipates paying	45923
compensation.	45924

(B) An employer with employees or contractors in two or more	45925
states that transmits new hire reports magnetically or	45926
electronically may make the new hire report to another state if	45927
the employer does both of the following:	45928

(1) Notifies the Ohio department of job and family services	45929
and the United States secretary of health and human services in	45930
writing that the employer has designated another state as the	45931
state to which the employer will transmit the report;	45932

(2) Transmits the report to that state in compliance with	45933
federal law.	45934

(C) The department may by rule exempt employers from making	45935
new hire reports on any classification of contractors if the	45936
department determines that exempting the employer will assist the	45937
administration of the new hire reporting requirement.	45938

Sec. 3121.892. (A) An employer shall include all of the	45939
following in each new hire report:	45940

(1) For each employee, the employee's name, address, date of	45941
birth, social security number, and date of hire~~, rehire, or return~~	45942
~~to work~~;	45943

(2) For each contractor, the contractor's name, address,	45944
social security or tax identification number, the date payments	45945
begin, and the length of time the contractor will be performing	45946
services for the employer;	45947

(3) The employer's name, address, and identification number.

45948

(B) The department of job and family services may by rule	45949
require that additional information, specified in the rule, be	45950
included in each new hire report.	45951

Sec. 3121.893. An employer shall make a new hire report for	45952
each newly hired employee or contractor in a manner prescribed by	45953
the department of job and family services. The department may	45954
require that the report include or consist of the submission of a	45955
copy of the United States internal revenue service form W-4	45956
(employee's withholding allowance certificate) for the employee, a	45957
form provided by the department, or any other hiring document or	45958
data storage device or mechanism the department authorizes. An	45959
employer may make the new hire report by mail, fax, magnetic or	45960
electronic means, or other means the department authorizes. If an	45961
employer makes a new hire report by mail, the date of making the	45962
report is the postmark date if the report is mailed in the United	45963
States with first class postage and is addressed as the department	45964
authorizes. An employer shall make the new hire report not later	45965
than twenty days after the date on which the employer hires or	45966
~~rehires~~ an employee ~~or the employee returns to work~~ or the date on	45967
which the employer engages or re-engages the contractor or the	45968
contractor resumes providing services under the contract.	45969

Sec. 3121.898. The department of job and family services	45970
shall use the new hire reports it receives for any of the	45971
following purposes set forth in 42 U.S.C. 653a, as amended,	45972
including:	45973

(A) To locate individuals for the purposes of establishing	45974
paternity and for establishing, modifying, and enforcing child	45975
support orders.	45976

(B) As used in this division, "state agency" means every	45977
department, bureau, board, commission, office, or other organized	45978
body established by the constitution or laws of this state for the	45979
exercise of state government; every entity of county government	45980
that is subject to the rules of a state agency; and every	45981
contractual agent of a state agency.	45982

To make available to any state agency responsible for	45983
administering any of the following programs for purposes of	45984
verifying program eligibility:	45985

(1) Any Title IV-A program as defined in section 5101.80 of	45986
the Revised Code;	45987

(2) The medicaid program ~~authorized by Chapter 5111. of the~~	45988
~~Revised Code~~;	45989

(3) The unemployment compensation program authorized by	45990
Chapter 4141. of the Revised Code;	45991

(4) The supplemental nutrition assistance program authorized	45992
by section 5101.54 of the Revised Code;	45993

(5) Any other program authorized in 42 U.S.C. 1320b-7(b), as	45994
amended.	45995

(C) The administration of the employment security program	45996
under the director of job and family services.	45997

Sec. 3123.958. The office of child support ~~shall~~may publish	45998
and distribute ~~the first~~a set of posters throughout the state ~~not~~	45999
~~later than October 1, 1992. The office shall publish and~~	46000
~~distribute subsequent sets of posters not less than twice~~	46001
annually.	46002

Sec. 3125.18. A child support enforcement agency shall	46003
administer a Title IV-A program identified under division	46004
(A)(4)(c) or ~~(f)~~(g) of section 5101.80 of the Revised Code that	46005
the department of job and family services provides for the agency	46006
to administer under the department's supervision pursuant to	46007
section 5101.801 of the Revised Code.	46008

Sec. 3125.36. (A) Subject to division (B) of this section,	46009
all support orders that are administered by a child support	46010
enforcement agency designated under section 307.981 of the Revised	46011
Code or former section 2301.35 of the Revised Code and are	46012
eligible for Title IV-D services shall be Title IV-D cases under	46013
Title IV-D of the "Social Security Act." Subject to division (B)	46014
of this section, all obligees of support orders administered by	46015
the agency shall be considered to have filed a signed application	46016
for Title IV-D services.	46017

(B) Except as provided in division (D) of this section, a	46018
court that issues or modifies a support order shall require the	46019
obligee under the order to sign, at the time of the issuance or	46020
modification of the order, an application for Title IV-D services	46021
and to file, as soon as possible, the signed application with the	46022
child support enforcement agency that will administer the order.	46023
The application shall be on a form prescribed by the department of	46024
job and family services. Except as provided in division (D) of	46025
this section, a support order that is administered by a child	46026
support enforcement agency, and that is eligible for Title IV-D	46027
services shall be a Title IV-D case under Title IV-D of the	46028
"Social Security Act" only upon the filing of the signed	46029
application for Title IV-D services.	46030

(C) A child support enforcement agency shall make available	46031
an application for Title IV-D services to all persons requesting a	46032
child support enforcement agency's assistance in an action under	46033
sections 3111.01 to 3111.18 of the Revised Code or in an	46034
administrative proceeding brought to establish a parent and child	46035
relationship, to establish or modify an administrative support	46036
order, or to establish or modify an order to provide health	46037
insurance coverage for the children subject to a support order.	46038

(D) An obligee under a support order who has assigned the	46039
right to the support pursuant to section ~~5101.59 or~~ 5107.20 or	46040
5160.38 of the Revised Code shall not be required to sign an	46041
application for Title IV-D services. The support order shall be	46042
considered a Title IV-D case.	46043

Sec. 3301.07. The state board of education shall exercise	46044
under the acts of the general assembly general supervision of the	46045
system of public education in the state. In addition to the powers	46046
otherwise imposed on the state board under the provisions of law,	46047
the board shall have the powers described in this section.	46048

(A) The state board shall exercise policy forming, planning,	46049
and evaluative functions for the public schools of the state	46050
except as otherwise provided by law.	46051

(B)(1) The state board shall exercise leadership in the	46052
improvement of public education in this state, and administer the	46053
educational policies of this state relating to public schools, and	46054
relating to instruction and instructional material, building and	46055
equipment, transportation of pupils, administrative	46056
responsibilities of school officials and personnel, and finance	46057
and organization of school districts, educational service centers,	46058
and territory. Consultative and advisory services in such matters	46059
shall be provided by the board to school districts and educational	46060
service centers of this state.	46061

(2) The state board also shall develop a standard of	46062
financial reporting which shall be used by each school district	46063
board of education and ~~educational service center~~each governing	46064
board of an educational service center, each governing authority	46065
of a community school established under Chapter 3314., each	46066
governing body of a STEM school established under Chapter 3328.,	46067
and each board of trustees of a college-preparatory boarding	46068
school established under Chapter 3328. of the Revised Code to make	46069
its financial information and annual budgets for each school	46070
building under its control available to the public in a format	46071
understandable by the average citizen. The format shall show,	46072
~~among other things,~~both at the district ~~and educational service~~	46073
~~center level or~~and at the school building level, ~~as determined~~	46074
~~appropriate by the department of education,~~ revenue by source;	46075
expenditures for salaries, wages, and benefits of employees,	46076
showing such amounts separately for classroom teachers, other	46077
employees required to hold licenses issued pursuant to sections	46078
3319.22 to 3319.31 of the Revised Code, and all other employees;	46079
expenditures other than for personnel, by category, including	46080
utilities, textbooks and other educational materials, equipment,	46081
permanent improvements, pupil transportation, extracurricular	46082
athletics, and other extracurricular activities; and per pupil	46083
expenditures. The format shall also include information on total	46084
revenue and expenditures, per pupil revenue, and expenditures for	46085
both classroom and nonclassroom purposes, as defined by the	46086
standards adopted under section 3302.20 of the Revised Code in the	46087
aggregate and for each subgroup of students, as defined by section	46088
3317.40 of the Revised Code, that receives services provided for	46089
by state or federal funding.	46090

(3) Each school district board, governing authority,	46091
governing body, or board of trustees, or its respective designee,	46092
shall annually report, to the department of education, all	46093
financial information required by the standards for financial	46094
reporting, as prescribed by division (B)(2) of this section and	46095
adopted by the state board. The department shall make all reports	46096
submitted pursuant to this division available in such a way that	46097
allows for comparison between financial information included in	46098
these reports and financial information included in reports	46099
produced prior to July 1, 2013. The department shall post these	46100
reports in a prominent location on its web site and shall notify	46101
each school when reports are made available.	46102

(C) The state board shall administer and supervise the	46103
allocation and distribution of all state and federal funds for	46104
public school education under the provisions of law, and may	46105
prescribe such systems of accounting as are necessary and proper	46106
to this function. It may require county auditors and treasurers,	46107
boards of education, educational service center governing boards,	46108
treasurers of such boards, teachers, and other school officers and	46109
employees, or other public officers or employees, to file with it	46110
such reports as it may prescribe relating to such funds, or to the	46111
management and condition of such funds.	46112

(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,	46113
XLVII, and LI of the Revised Code a reference is made to standards	46114
prescribed under this section or division (D) of this section,	46115
that reference shall be construed to refer to the standards	46116
prescribed under division (D)(2) of this section, unless the	46117
context specifically indicates a different meaning or intent.	46118

(2) The state board shall formulate and prescribe minimum	46119
standards to be applied to all elementary and secondary schools in	46120
this state for the purpose of ~~requiring~~providing children access	46121
to a general education of high quality according to the learning	46122
needs of each individual, including students with disabilities,	46123
economically disadvantaged students, limited English proficient	46124
students, and students identified as gifted. Such standards shall	46125
provide adequately for: the licensing of teachers, administrators,	46126
and other professional personnel and their assignment according to	46127
training and qualifications; efficient and effective instructional	46128
materials and equipment, including library facilities; the proper	46129
organization, administration, and supervision of each school,	46130
including regulations for preparing all necessary records and	46131
reports and the preparation of a statement of policies and	46132
objectives for each school; the provision of safe buildings,	46133
grounds, health and sanitary facilities and services; admission of	46134
pupils, and such requirements for their promotion from grade to	46135
grade as will assure that they are capable and prepared for the	46136
level of study to which they are certified; requirements for	46137
graduation; and such other factors as the board finds necessary.	46138

The state board shall base any standards governing the	46139
promotion of students or requirements for graduation on the	46140
ability of students, at any grade level, to earn credits or	46141
advance upon demonstration of mastery of knowledge and skills	46142
through competency-based learning models. Credits of grade level	46143
advancement shall not require a minimum number of days or hours in	46144
a classroom.	46145

The state board shall base any standards governing the	46146
assignment of staff on ensuring each school has a sufficient	46147
number of teachers to ensure a student has an appropriate level of	46148
interaction to meet each student's personal learning goals.	46149

In the formulation and administration of such standards for	46150
nonpublic schools the board shall also consider the particular	46151
needs, methods and objectives of those schools, provided they do	46152
not conflict with the provision of a general education of a high	46153
quality and provided that regular procedures shall be followed for	46154
promotion from grade to grade of pupils who have met the	46155
educational requirements prescribed.	46156

~~In the formulation and administration of such standards as~~	46157
~~they relate to instructional materials and equipment in public~~	46158
~~schools, including library materials, the board shall require that~~	46159
~~the material and equipment be aligned with and promote skills~~	46160
~~expected under the statewide academic standards adopted under~~	46161
~~section 3301.079 of the Revised Code.~~	46162

(3) In addition to the minimum standards required by division	46163
(D)(2) of this section, the state board may formulate and	46164
prescribe the following additional minimum operating standards for	46165
school districts:	46166

(a) Standards for the effective and efficient organization,	46167
administration, and supervision of each school district ~~so that it~~	46168
~~becomes a thinking and learning organization according to~~	46169
~~principles of systems design and collaborative professional~~	46170
~~learning communities research as defined by the superintendent of~~	46171
~~public instruction, including a focus on the personalized and~~	46172
~~individualized needs of each student; a shared responsibility~~	46173
~~among school boards, administrators, faculty, and staff to develop~~	46174
~~a common vision, mission, and set of guiding principles; a shared~~	46175
~~responsibility among school boards, administrators, faculty, and~~	46176
~~staff to engage in a process of collective inquiry, action~~	46177
~~orientation, and experimentation to ensure the academic success of~~	46178
~~all students; commitment to teaching and learning strategies that~~	46179
~~utilize technological tools and emphasize inter-disciplinary,~~	46180
~~real-world, project-based, and technology-oriented learning~~	46181
~~experiences to meet the individual needs of every student;~~with a	46182
commitment to high expectations for every student based on the	46183
learning needs of each individual, including students with	46184
disabilities, economically disadvantaged students, limited English	46185
proficient students, and students identified as gifted, and	46186
commitment to closing the achievement gap without suppressing the	46187
achievement levels of higher achieving students so that all	46188
students achieve core knowledge and skills in accordance with the	46189
statewide academic standards adopted under section 3301.079 of the	46190
Revised Code; ~~commitment to the use of assessments to diagnose~~	46191
~~the needs of each student; effective connections and relationships~~	46192
~~with families and others that support student success; and~~	46193
~~commitment to the use of positive behavior intervention supports~~	46194
~~throughout a district to ensure a safe and secure learning~~	46195
~~environment for all students;~~	46196

(b) Standards for the establishment of business advisory	46197
councils under section 3313.82 of the Revised Code;	46198

46199

~~(i) The~~the effective and efficient organization,	46200
administration, and supervision of each school district building	46201
~~so that it becomes a thinking and learning organization according~~	46202
~~to principles of systems design and collaborative professional~~	46203
~~learning communities research as defined by the state~~	46204
~~superintendent, including a focus on the personalized and~~	46205
~~individualized needs of each student; a shared responsibility~~	46206
~~among building administrators, faculty, and staff to develop a~~	46207
~~common vision, mission, and set of guiding principles; a shared~~	46208
~~responsibility among building administrators, faculty, and staff~~	46209
~~to engage in a process of collective inquiry, action orientation,~~	46210
~~and experimentation to ensure the academic success of all~~	46211
~~students; commitment to job embedded professional development and~~	46212
~~professional mentoring and coaching; established periods of time~~	46213
~~for teachers to pursue planning time for the development of lesson~~	46214
~~plans, professional development, and shared learning; commitment~~	46215
~~to effective management strategies that allow administrators~~	46216
~~reasonable access to classrooms for observation and professional~~	46217
~~development experiences; commitment to teaching and learning~~	46218
~~strategies that utilize technological tools and emphasize~~	46219
~~inter-disciplinary, real-world, project-based, and~~	46220
~~technology-oriented learning experiences to meet the individual~~	46221
~~needs of every student;~~with a commitment to high expectations for	46222
every student based on the learning needs of each individual,	46223
including students with disabilities, economically disadvantaged	46224
students, limited English proficient students, and students	46225
identified as gifted, and commitment to closing the achievement	46226
gap without suppressing the achievement levels of higher achieving	46227
students so that all students achieve core knowledge and skills in	46228
accordance with the statewide academic standards adopted under	46229
section 3301.079 of the Revised Code~~; commitment to the use of~~	46230
~~assessments to diagnose the needs of each student; effective~~	46231
~~connections and relationships with families and others that~~	46232
~~support student success; commitment to the use of positive~~	46233
~~behavior intervention supports throughout the building to ensure a~~	46234
~~safe and secure learning environment for all students;~~	46235

~~(ii) A school building leadership team to coordinate positive~~	46236
~~behavior intervention supports, learning environments, thinking~~	46237
~~and learning systems, collaborative planning, planning time,~~	46238
~~student academic interventions, student extended learning~~	46239
~~opportunities, and other activities identified by the team and~~	46240
~~approved by the district board of education. The team shall~~	46241
~~include the building principal, representatives from each~~	46242
~~collective bargaining unit, a classroom teacher, parents, business~~	46243
~~representatives, and others that support student success~~.	46244

(E) The state board may require as part of the health	46245
curriculum information developed under section 2108.34 of the	46246
Revised Code promoting the donation of anatomical gifts pursuant	46247
to Chapter 2108. of the Revised Code and may provide the	46248
information to high schools, educational service centers, and	46249
joint vocational school district boards of education;	46250

(F) The state board shall prepare and submit annually to the	46251
governor and the general assembly a report on the status, needs,	46252
and major problems of the public schools of the state, with	46253
recommendations for necessary legislative action and a ten-year	46254
projection of the state's public and nonpublic school enrollment,	46255
by year and by grade level.	46256

(G) The state board shall prepare and submit to the director	46257
of budget and management the biennial budgetary requests of the	46258
state board of education, for its agencies and for the public	46259
schools of the state.	46260

(H) The state board shall cooperate with federal, state, and	46261
local agencies concerned with the health and welfare of children	46262
and youth of the state.	46263

(I) The state board shall require such reports from school	46264
districts and educational service centers, school officers, and	46265
employees as are necessary and desirable. The superintendents and	46266
treasurers of school districts and educational service centers	46267
shall certify as to the accuracy of all reports required by law or	46268
state board or state department of education rules to be submitted	46269
by the district or educational service center and which contain	46270
information necessary for calculation of state funding. Any	46271
superintendent who knowingly falsifies such report shall be	46272
subject to license revocation pursuant to section 3319.31 of the	46273
Revised Code.	46274

(J) In accordance with Chapter 119. of the Revised Code, the	46275
state board shall adopt procedures, standards, and guidelines for	46276
the education of children with disabilities pursuant to Chapter	46277
3323. of the Revised Code, including procedures, standards, and	46278
guidelines governing programs and services operated by county	46279
boards of developmental disabilities pursuant to section 3323.09	46280
of the Revised Code.	46281

(K) For the purpose of encouraging the development of special	46282
programs of education for academically gifted children, the state	46283
board shall employ competent persons to analyze and publish data,	46284
promote research, advise and counsel with boards of education, and	46285
encourage the training of teachers in the special instruction of	46286
gifted children. The board may provide financial assistance out of	46287
any funds appropriated for this purpose to boards of education and	46288
educational service center governing boards for developing and	46289
conducting programs of education for academically gifted children.	46290

(L) The state board shall require that all public schools	46291
emphasize and encourage, within existing units of study, the	46292
teaching of energy and resource conservation as recommended to	46293
each district board of education by leading business persons	46294
involved in energy production and conservation, beginning in the	46295
primary grades.	46296

(M) The state board shall formulate and prescribe minimum	46297
standards requiring the use of phonics as a technique in the	46298
teaching of reading in grades kindergarten through three. In	46299
addition, the state board shall provide in-service training	46300
programs for teachers on the use of phonics as a technique in the	46301
teaching of reading in grades kindergarten through three.	46302

(N) The state board may adopt rules necessary for carrying	46303
out any function imposed on it by law, and may provide rules as	46304
are necessary for its government and the government of its	46305
employees, and may delegate to the superintendent of public	46306
instruction the management and administration of any function	46307
imposed on it by law. It may provide for the appointment of board	46308
members to serve on temporary committees established by the board	46309
for such purposes as are necessary. Permanent or standing	46310
committees shall not be created.	46311

(O) Upon application from the board of education of a school	46312
district, the superintendent of public instruction may issue a	46313
waiver exempting the district from compliance with the standards	46314
adopted under divisions (B)(2) and (D) of this section, as they	46315
relate to the operation of a school operated by the district. The	46316
state board shall adopt standards for the approval or disapproval	46317
of waivers under this division. The state superintendent shall	46318
consider every application for a waiver, and shall determine	46319
whether to grant or deny a waiver in accordance with the state	46320
board's standards. For each waiver granted, the state	46321
superintendent shall specify the period of time during which the	46322
waiver is in effect, which shall not exceed five years. A district	46323
board may apply to renew a waiver.	46324

Sec. 3301.0711. (A) The department of education shall:

46325

(1) Annually furnish to, grade, and score all assessments	46326
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	46327
the Revised Code to be administered by city, local, exempted	46328
village, and joint vocational school districts, except that each	46329
district shall score any assessment administered pursuant to	46330
division (B)(10) of this section. Each assessment so furnished	46331
shall include the data verification code of the student to whom	46332
the assessment will be administered, as assigned pursuant to	46333
division (D)(2) of section 3301.0714 of the Revised Code. In	46334
furnishing the practice versions of Ohio graduation tests	46335
prescribed by division (D) of section 3301.0710 of the Revised	46336
Code, the department shall make the tests available on its web	46337
site for reproduction by districts. In awarding contracts for	46338
grading assessments, the department shall give preference to	46339
Ohio-based entities employing Ohio residents.	46340

(2) Adopt rules for the ethical use of assessments and	46341
prescribing the manner in which the assessments prescribed by	46342
section 3301.0710 of the Revised Code shall be administered to	46343
students.	46344

(B) Except as provided in divisions (C) and (J) of this	46345
section, the board of education of each city, local, and exempted	46346
village school district shall, in accordance with rules adopted	46347
under division (A) of this section:	46348

(1) Administer the English language arts assessments	46349
prescribed under division (A)(1)(a) of section 3301.0710 of the	46350
Revised Code twice annually to all students in the third grade who	46351
have not attained the score designated for that assessment under	46352
division (A)(2)(c) of section 3301.0710 of the Revised Code.	46353

(2) Administer the mathematics assessment prescribed under	46354
division (A)(1)(a) of section 3301.0710 of the Revised Code at	46355
least once annually to all students in the third grade.	46356

(3) Administer the assessments prescribed under division	46357
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	46358
annually to all students in the fourth grade.	46359

(4) Administer the assessments prescribed under division	46360
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	46361
annually to all students in the fifth grade.	46362

(5) Administer the assessments prescribed under division	46363
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	46364
annually to all students in the sixth grade.	46365

(6) Administer the assessments prescribed under division	46366
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	46367
annually to all students in the seventh grade.	46368

(7) Administer the assessments prescribed under division	46369
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	46370
annually to all students in the eighth grade.	46371

(8) Except as provided in division (B)(9) of this section,	46372
administer any assessment prescribed under division (B)(1) of	46373
section 3301.0710 of the Revised Code as follows:	46374

(a) At least once annually to all tenth grade students and at	46375
least twice annually to all students in eleventh or twelfth grade	46376
who have not yet attained the score on that assessment designated	46377
under that division;	46378

(b) To any person who has successfully completed the	46379
curriculum in any high school or the individualized education	46380
program developed for the person by any high school pursuant to	46381
section 3323.08 of the Revised Code but has not received a high	46382
school diploma and who requests to take such assessment, at any	46383
time such assessment is administered in the district.	46384

(9) In lieu of the board of education of any city, local, or	46385
exempted village school district in which the student is also	46386
enrolled, the board of a joint vocational school district shall	46387
administer any assessment prescribed under division (B)(1) of	46388
section 3301.0710 of the Revised Code at least twice annually to	46389
any student enrolled in the joint vocational school district who	46390
has not yet attained the score on that assessment designated under	46391
that division. A board of a joint vocational school district may	46392
also administer such an assessment to any student described in	46393
division (B)(8)(b) of this section.	46394

(10) If the district has a three-year average graduation rate	46395
of not more than seventy-five per cent, administer each assessment	46396
prescribed by division (D) of section 3301.0710 of the Revised	46397
Code in September to all ninth grade students, beginning in the	46398
school year that starts July 1, 2005.	46399

Except as provided in section 3313.614 of the Revised Code	46400
for administration of an assessment to a person who has fulfilled	46401
the curriculum requirement for a high school diploma but has not	46402
passed one or more of the required assessments, the assessments	46403
prescribed under division (B)(1) of section 3301.0710 of the	46404
Revised Code and the practice assessments prescribed under	46405
division (D) of that section and required to be administered under	46406
divisions (B)(8), (9), and (10) of this section shall not be	46407
administered after the assessment system prescribed by division	46408
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised	46409
Code is implemented under rule of the state board adopted under	46410
division (D)(1) of section 3301.0712 of the Revised Code.	46411

(11) Administer the assessments prescribed by division (B)(2)	46412
of section 3301.0710 and section 3301.0712 of the Revised Code in	46413
accordance with the timeline and plan for implementation of those	46414
assessments prescribed by rule of the state board adopted under	46415
division (D)(1) of section 3301.0712 of the Revised Code.	46416

(C)(1)(a) In the case of a student receiving special	46417
education services under Chapter 3323. of the Revised Code, the	46418
individualized education program developed for the student under	46419
that chapter shall specify the manner in which the student will	46420
participate in the assessments administered under this section.	46421
The individualized education program may excuse the student from	46422
taking any particular assessment required to be administered under	46423
this section if it instead specifies an alternate assessment	46424
method approved by the department of education as conforming to	46425
requirements of federal law for receipt of federal funds for	46426
disadvantaged pupils. To the extent possible, the individualized	46427
education program shall not excuse the student from taking an	46428
assessment unless no reasonable accommodation can be made to	46429
enable the student to take the assessment.	46430

(b) Any alternate assessment approved by the department for a	46431
student under this division shall produce measurable results	46432
comparable to those produced by the assessment it replaces in	46433
order to allow for the student's results to be included in the	46434
data compiled for a school district or building under section	46435
3302.03 of the Revised Code.	46436

(c) Any student enrolled in a chartered nonpublic school who	46437
has been identified, based on an evaluation conducted in	46438
accordance with section 3323.03 of the Revised Code or section 504	46439
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	46440
794, as amended, as a child with a disability shall be excused	46441
from taking any particular assessment required to be administered	46442
under this section if a plan developed for the student pursuant to	46443
rules adopted by the state board excuses the student from taking	46444
that assessment. In the case of any student so excused from taking	46445
an assessment, the chartered nonpublic school shall not prohibit	46446
the student from taking the assessment.	46447

(2) A district board may, for medical reasons or other good	46448
cause, excuse a student from taking an assessment administered	46449
under this section on the date scheduled, but that assessment	46450
shall be administered to the excused student not later than nine	46451
days following the scheduled date. The district board shall	46452
annually report the number of students who have not taken one or	46453
more of the assessments required by this section to the state	46454
board of education not later than the thirtieth day of June.	46455

(3) As used in this division, "limited English proficient	46456
student" has the same meaning as in 20 U.S.C. 7801.	46457

No school district board shall excuse any limited English	46458
proficient student from taking any particular assessment required	46459
to be administered under this section, except that any limited	46460
English proficient student who has been enrolled in United States	46461
schools for less than one full school year shall not be required	46462
to take any reading, writing, or English language arts assessment.	46463
However, no board shall prohibit a limited English proficient	46464
student who is not required to take an assessment under this	46465
division from taking the assessment. A board may permit any	46466
limited English proficient student to take an assessment required	46467
to be administered under this section with appropriate	46468
accommodations, as determined by the department. For each limited	46469
English proficient student, each school district shall annually	46470
assess that student's progress in learning English, in accordance	46471
with procedures approved by the department.	46472

The governing authority of a chartered nonpublic school may	46473
excuse a limited English proficient student from taking any	46474
assessment administered under this section. However, no governing	46475
authority shall prohibit a limited English proficient student from	46476
taking the assessment.	46477

(D)(1) In the school year next succeeding the school year in	46478
which the assessments prescribed by division (A)(1) or (B)(1) of	46479
section 3301.0710 of the Revised Code or former division (A)(1),	46480
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	46481
existed prior to September 11, 2001, are administered to any	46482
student, the board of education of any school district in which	46483
the student is enrolled in that year shall provide to the student	46484
intervention services commensurate with the student's performance,	46485
including any intensive intervention required under section	46486
3313.608 of the Revised Code, in any skill in which the student	46487
failed to demonstrate at least a score at the proficient level on	46488
the assessment.	46489

(2) Following any administration of the assessments	46490
prescribed by division (D) of section 3301.0710 of the Revised	46491
Code to ninth grade students, each school district that has a	46492
three-year average graduation rate of not more than seventy-five	46493
per cent shall determine for each high school in the district	46494
whether the school shall be required to provide intervention	46495
services to any students who took the assessments. In determining	46496
which high schools shall provide intervention services based on	46497
the resources available, the district shall consider each school's	46498
graduation rate and scores on the practice assessments. The	46499
district also shall consider the scores received by ninth grade	46500
students on the English language arts and mathematics assessments	46501
prescribed under division (A)(1)(f) of section 3301.0710 of the	46502
Revised Code in the eighth grade in determining which high schools	46503
shall provide intervention services.	46504

Each high school selected to provide intervention services	46505
under this division shall provide intervention services to any	46506
student whose results indicate that the student is failing to make	46507
satisfactory progress toward being able to attain scores at the	46508
proficient level on the Ohio graduation tests. Intervention	46509
services shall be provided in any skill in which a student	46510
demonstrates unsatisfactory progress and shall be commensurate	46511
with the student's performance. Schools shall provide the	46512
intervention services prior to the end of the school year, during	46513
the summer following the ninth grade, in the next succeeding	46514
school year, or at any combination of those times.	46515

(E) Except as provided in section 3313.608 of the Revised	46516
Code and division (M) of this section, no school district board of	46517
education shall utilize any student's failure to attain a	46518
specified score on an assessment administered under this section	46519
as a factor in any decision to deny the student promotion to a	46520
higher grade level. However, a district board may choose not to	46521
promote to the next grade level any student who does not take an	46522
assessment administered under this section or make up an	46523
assessment as provided by division (C)(2) of this section and who	46524
is not exempt from the requirement to take the assessment under	46525
division (C)(3) of this section.	46526

(F) No person shall be charged a fee for taking any	46527
assessment administered under this section.	46528

(G)(1) Each school district board shall designate one	46529
location for the collection of assessments administered in the	46530
spring under division (B)(1) of this section and those	46531
administered under divisions (B)(2) to (7) of this section. Each	46532
district board shall submit the assessments to the entity with	46533
which the department contracts for the scoring of the assessments	46534
as follows:	46535

(a) If the district's total enrollment in grades kindergarten	46536
through twelve during the first full school week of October was	46537
less than two thousand five hundred, not later than the Friday	46538
after all of the assessments have been administered;	46539

(b) If the district's total enrollment in grades kindergarten	46540
through twelve during the first full school week of October was	46541
two thousand five hundred or more, but less than seven thousand,	46542
not later than the Monday after all of the assessments have been	46543
administered;	46544

(c) If the district's total enrollment in grades kindergarten	46545
through twelve during the first full school week of October was	46546
seven thousand or more, not later than the Tuesday after all of	46547
the assessments have been administered.	46548

However, any assessment that a student takes during the	46549
make-up period described in division (C)(2) of this section shall	46550
be submitted not later than the Friday following the day the	46551
student takes the assessment.	46552

(2) The department or an entity with which the department	46553
contracts for the scoring of the assessment shall send to each	46554
school district board a list of the individual scores of all	46555
persons taking an assessment prescribed by division (A)(1) or	46556
(B)(1) of section 3301.0710 of the Revised Code within sixty days	46557
after its administration, but in no case shall the scores be	46558
returned later than the fifteenth day of June following the	46559
administration. For assessments administered under this section by	46560
a joint vocational school district, the department or entity shall	46561
also send to each city, local, or exempted village school district	46562
a list of the individual scores of any students of such city,	46563
local, or exempted village school district who are attending	46564
school in the joint vocational school district.	46565

(H) Individual scores on any assessments administered under	46566
this section shall be released by a district board only in	46567
accordance with section 3319.321 of the Revised Code and the rules	46568
adopted under division (A) of this section. No district board or	46569
its employees shall utilize individual or aggregate results in any	46570
manner that conflicts with rules for the ethical use of	46571
assessments adopted pursuant to division (A) of this section.	46572

(I) Except as provided in division (G) of this section, the	46573
department or an entity with which the department contracts for	46574
the scoring of the assessment shall not release any individual	46575
scores on any assessment administered under this section. The	46576
state board of education shall adopt rules to ensure the	46577
protection of student confidentiality at all times. The rules may	46578
require the use of the data verification codes assigned to	46579
students pursuant to division (D)(2) of section 3301.0714 of the	46580
Revised Code to protect the confidentiality of student scores.	46581

(J) Notwithstanding division (D) of section 3311.52 of the	46582
Revised Code, this section does not apply to the board of	46583
education of any cooperative education school district except as	46584
provided under rules adopted pursuant to this division.	46585

(1) In accordance with rules that the state board of	46586
education shall adopt, the board of education of any city,	46587
exempted village, or local school district with territory in a	46588
cooperative education school district established pursuant to	46589
divisions (A) to (C) of section 3311.52 of the Revised Code may	46590
enter into an agreement with the board of education of the	46591
cooperative education school district for administering any	46592
assessment prescribed under this section to students of the city,	46593
exempted village, or local school district who are attending	46594
school in the cooperative education school district.	46595

(2) In accordance with rules that the state board of	46596
education shall adopt, the board of education of any city,	46597
exempted village, or local school district with territory in a	46598
cooperative education school district established pursuant to	46599
section 3311.521 of the Revised Code shall enter into an agreement	46600
with the cooperative district that provides for the administration	46601
of any assessment prescribed under this section to both of the	46602
following:	46603

(a) Students who are attending school in the cooperative	46604
district and who, if the cooperative district were not	46605
established, would be entitled to attend school in the city,	46606
local, or exempted village school district pursuant to section	46607
3313.64 or 3313.65 of the Revised Code;	46608

(b) Persons described in division (B)(8)(b) of this section.

46609

Any assessment of students pursuant to such an agreement	46610
shall be in lieu of any assessment of such students or persons	46611
pursuant to this section.	46612

(K)(1) ~~As a condition of compliance with section 3313.612 of~~	46613
~~the Revised Code, each chartered nonpublic school that educates~~	46614
(a) Except as otherwise provided in division (K)(1)(a) of this	46615
section, each chartered nonpublic school for which at least	46616
sixty-five per cent of its total enrollment is made up of students	46617
who are participating in state scholarship programs shall	46618
administer the assessments prescribed by section 3301.0710 of the	46619
Revised Code. In accordance with procedures and deadlines	46620
prescribed by the department, the parent or guardian of a student	46621
enrolled in the school who is not participating in a state	46622
scholarship program may submit notice to the chief administrative	46623
officer of the school that the parent or guardian does not wish to	46624
have the student take the elementary assessments prescribed for	46625
the student's grade level under division (A) of section 3301.0710	46626
of the Revised Code. If a parent or guardian submits an opt-out	46627
notice, the school shall not administer the assessments to that	46628
student. This option does not apply to any assessment required for	46629
a high school diploma under section 3313.612 of the Revised Code.	46630

(b) If a chartered nonpublic school is not subject to	46631
division (K)(1)(a) of this section and is educating students in	46632
grades nine through twelve, it shall administer the assessments	46633
prescribed by divisions (B)(1) and (2) of section 3301.0710 of the	46634
Revised Code as a condition of compliance with section 3313.612 of	46635
the Revised Code. Any chartered nonpublic school that is not	46636
subject to division (K)(1)(a) of this section may participate in	46637
the assessment program by administering any of the assessments	46638
prescribed by division (A) of section 3301.0710 of the Revised	46639
Code. The chief administrator of the school shall specify which	46640
assessments the school will administer. Such specification shall	46641
be made in writing to the superintendent of public instruction	46642
prior to the first day of August of any school year in which	46643
assessments are administered and shall include a pledge that the	46644
nonpublic school will administer the specified assessments in the	46645
same manner as public schools are required to do under this	46646
section and rules adopted by the department.	46647

(2) The department of education shall furnish the assessments	46648
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	46649
to each chartered nonpublic school that is subject to division	46650
(K)(1)(a) of this section or participates under ~~this~~ division	46651
(K)(1)(b) of this section.	46652

(L)(1) The superintendent of the state school for the blind	46653
and the superintendent of the state school for the deaf shall	46654
administer the assessments described by sections 3301.0710 and	46655
3301.0712 of the Revised Code. Each superintendent shall	46656
administer the assessments in the same manner as district boards	46657
are required to do under this section and rules adopted by the	46658
department of education and in conformity with division (C)(1)(a)	46659
of this section.	46660

(2) The department of education shall furnish the assessments	46661
described by sections 3301.0710 and 3301.0712 of the Revised Code	46662
to each superintendent.	46663

(M) Notwithstanding division (E) of this section, a school	46664
district may use a student's failure to attain a score in at least	46665
the proficient range on the mathematics assessment described by	46666
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	46667
an assessment described by division (A)(1)(b), (c), (d), (e), or	46668
(f) of section 3301.0710 of the Revised Code as a factor in	46669
retaining that student in the current grade level.	46670

(N)(1) In the manner specified in divisions (N)(3) and (4) of	46671
this section, the assessments required by division (A)(1) of	46672
section 3301.0710 of the Revised Code shall become public records	46673
pursuant to section 149.43 of the Revised Code on the first day of	46674
July following the school year that the assessments were	46675
administered.	46676

(2) The department may field test proposed questions with	46677
samples of students to determine the validity, reliability, or	46678
appropriateness of questions for possible inclusion in a future	46679
year's assessment. The department also may use anchor questions on	46680
assessments to ensure that different versions of the same	46681
assessment are of comparable difficulty.	46682

Field test questions and anchor questions shall not be	46683
considered in computing scores for individual students. Field test	46684
questions and anchor questions may be included as part of the	46685
administration of any assessment required by division (A)(1) or	46686
(B)(1) of section 3301.0710 of the Revised Code.	46687

(3) Any field test question or anchor question administered	46688
under division (N)(2) of this section shall not be a public	46689
record. Such field test questions and anchor questions shall be	46690
redacted from any assessments which are released as a public	46691
record pursuant to division (N)(1) of this section.	46692

(4) This division applies to the assessments prescribed by	46693
division (A) of section 3301.0710 of the Revised Code.	46694

(a) The first administration of each assessment, as specified	46695
in former section 3301.0712 of the Revised Code, shall be a public	46696
record.	46697

(b) For subsequent administrations of each assessment prior	46698
to the 2011-2012 school year, not less than forty per cent of the	46699
questions on the assessment that are used to compute a student's	46700
score shall be a public record. The department shall determine	46701
which questions will be needed for reuse on a future assessment	46702
and those questions shall not be public records and shall be	46703
redacted from the assessment prior to its release as a public	46704
record. However, for each redacted question, the department shall	46705
inform each city, local, and exempted village school district of	46706
the statewide academic standard adopted by the state board of	46707
education under section 3301.079 of the Revised Code and the	46708
corresponding benchmark to which the question relates. The	46709
preceding sentence does not apply to field test questions that are	46710
redacted under division (N)(3) of this section.	46711

(c) The administrations of each assessment in the 2011-2012	46712
school year and later shall not be a public record.	46713

(5) Each assessment prescribed by division (B)(1) of section	46714
3301.0710 of the Revised Code shall not be a public record.	46715

(O) As used in this section:

46716

(1) "Three-year average" means the average of the most recent	46717
consecutive three school years of data.	46718

(2) "Dropout" means a student who withdraws from school	46719
before completing course requirements for graduation and who is	46720
not enrolled in an education program approved by the state board	46721
of education or an education program outside the state. "Dropout"	46722
does not include a student who has departed the country.	46723

(3) "Graduation rate" means the ratio of students receiving a	46724
diploma to the number of students who entered ninth grade four	46725
years earlier. Students who transfer into the district are added	46726
to the calculation. Students who transfer out of the district for	46727
reasons other than dropout are subtracted from the calculation. If	46728
a student who was a dropout in any previous year returns to the	46729
same school district, that student shall be entered into the	46730
calculation as if the student had entered ninth grade four years	46731
before the graduation year of the graduating class that the	46732
student joins.	46733

(4) "State scholarship programs" means the educational choice	46734
scholarship pilot program established under sections 3310.01 to	46735
3310.17 of the Revised Code, the autism scholarship program	46736
established under section 3310.41 of the Revised Code, the Jon	46737
Peterson special needs scholarship program established under	46738
sections 3310.51 to 3310.64 of the Revised Code, and the pilot	46739
project scholarship program established under sections 3313.974 to	46740
3313.979 of the Revised Code.	46741

Sec. 3301.0712. (A) The state board of education, the	46742
superintendent of public instruction, and the chancellor of the	46743
Ohio board of regents shall develop a system of college and work	46744
ready assessments as described in divisions (B)(1) and (2) of this	46745
section to assess whether each student upon graduating from high	46746
school is ready to enter college or the workforce. The system	46747
shall replace the Ohio graduation tests prescribed in division	46748
(B)(1) of section 3301.0710 of the Revised Code as a measure of	46749
student academic performance and a prerequisite for eligibility	46750
for a high school diploma in the manner prescribed by rule of the	46751
state board adopted under division (D) of this section.	46752

(B) The college and work ready assessment system shall	46753
consist of the following:	46754

(1) A nationally standardized assessment that measures	46755
college and career readiness selected jointly by the state	46756
superintendent and the chancellor.	46757

(2) A series of end-of-course examinations in the areas of	46758
science, mathematics, English language arts, American history, and	46759
American government selected jointly by the state superintendent	46760
and the chancellor in consultation with faculty in the appropriate	46761
subject areas at institutions of higher education of the	46762
university system of Ohio. For each subject area, the state	46763
superintendent and chancellor shall select multiple assessments	46764
that school districts, public schools, and chartered nonpublic	46765
schools may use as end-of-course examinations. Subject to division	46766
(B)(3)(b) of this section, those assessments shall include	46767
nationally recognized subject area assessments, such as advanced	46768
placement examinations, SAT subject tests, international	46769
baccalaureate examinations, and other assessments of college and	46770
work readiness.	46771

(3)(a) Not later than July 1, 2013, each school district	46772
board of education shall adopt interim end-of-course examinations	46773
that comply with the requirements of divisions (B)(3)(b)(i) and	46774
(ii) of this section to assess mastery of American history and	46775
American government standards adopted under division (A)(1)(b) of	46776
section 3301.079 of the Revised Code and the topics required under	46777
division (M) of section 3313.603 of the Revised Code. Each high	46778
school of the district shall use the interim examinations until	46779
the state superintendent and chancellor select end-of-course	46780
examinations in American history and American government under	46781
division (B)(2) of this section.	46782

(b) Not later than July 1, 2014, the state superintendent and	46783
the chancellor shall select the end-of-course examinations in	46784
American history and American government.	46785

(i) The end-of-course examinations in American history and	46786
American government shall require demonstration of mastery of the	46787
American history and American government content for social	46788
studies standards adopted under division (A)(1)(b) of section	46789
3301.079 of the Revised Code and the topics required under	46790
division (M) of section 3313.603 of the Revised Code.	46791

(ii) At least twenty per cent of the end-of-course	46792
examination in American government shall address the topics on	46793
American history and American government described in division (M)	46794
of section 3313.603 of the Revised Code.	46795

(C) The state board shall convene a group of national	46796
experts, state experts, and local practitioners to provide advice,	46797
guidance, and recommendations for the alignment of standards and	46798
model curricula to the assessments and in the design of the	46799
end-of-course examinations prescribed by this section.	46800

(D) Upon completion of the development of the assessment	46801
system, the state board shall adopt rules prescribing all of the	46802
following:	46803

(1) A timeline and plan for implementation of the assessment	46804
system, including a phased implementation if the state board	46805
determines such a phase-in is warranted;	46806

(2) The date after which a person entering ninth grade shall	46807
meet the requirements of the entire assessment system as a	46808
prerequisite for a high school diploma under section 3313.61,	46809
3313.612, or 3325.08 of the Revised Code;	46810

(3) The date after which a person shall meet the requirements	46811
of the entire assessment system as a prerequisite for a diploma of	46812
adult education under section 3313.611 of the Revised Code;	46813

(4) Whether and the extent to which a person may be excused	46814
from an American history end-of-course examination and an American	46815
government end-of-course examination under division (H) of section	46816
3313.61 and division (B)~~(2)~~(3) of section 3313.612 of the Revised	46817
Code;	46818

(5) The date after which a person who has fulfilled the	46819
curriculum requirement for a diploma but has not passed one or	46820
more of the required assessments at the time the person fulfilled	46821
the curriculum requirement shall meet the requirements of the	46822
entire assessment system as a prerequisite for a high school	46823
diploma under division (B) of section 3313.614 of the Revised	46824
Code;	46825

(6) The extent to which the assessment system applies to	46826
students enrolled in a dropout recovery and prevention program for	46827
purposes of division (F) of section 3313.603 and section 3314.36	46828
of the Revised Code.	46829

No rule adopted under this division shall be effective	46830
earlier than one year after the date the rule is filed in final	46831
form pursuant to Chapter 119. of the Revised Code.	46832

(E) Not later than forty-five days prior to the state board's	46833
adoption of a resolution directing the department of education to	46834
file the rules prescribed by division (D) of this section in final	46835
form under section 119.04 of the Revised Code, the superintendent	46836
of public instruction shall present the assessment system	46837
developed under this section to the respective committees of the	46838
house of representatives and senate that consider education	46839
legislation.	46840

Sec. 3301.0714. (A) The state board of education shall adopt	46841
rules for a statewide education management information system. The	46842
rules shall require the state board to establish guidelines for	46843
the establishment and maintenance of the system in accordance with	46844
this section and the rules adopted under this section. The	46845
guidelines shall include:	46846

(1) Standards identifying and defining the types of data in	46847
the system in accordance with divisions (B) and (C) of this	46848
section;	46849

(2) Procedures for annually collecting and reporting the data	46850
to the state board in accordance with division (D) of this	46851
section;	46852

(3) Procedures for annually compiling the data in accordance	46853
with division (G) of this section;	46854

(4) Procedures for annually reporting the data to the public	46855
in accordance with division (H) of this section.	46856

(B) The guidelines adopted under this section shall require	46857
the data maintained in the education management information system	46858
to include at least the following:	46859

(1) Student participation and performance data, for each	46860
grade in each school district as a whole and for each grade in	46861
each school building in each school district, that includes:	46862

(a) The numbers of students receiving each category of	46863
instructional service offered by the school district, such as	46864
regular education instruction, vocational education instruction,	46865
specialized instruction programs or enrichment instruction that is	46866
part of the educational curriculum, instruction for gifted	46867
students, instruction for students with disabilities, and remedial	46868
instruction. The guidelines shall require instructional services	46869
under this division to be divided into discrete categories if an	46870
instructional service is limited to a specific subject, a specific	46871
type of student, or both, such as regular instructional services	46872
in mathematics, remedial reading instructional services,	46873
instructional services specifically for students gifted in	46874
mathematics or some other subject area, or instructional services	46875
for students with a specific type of disability. The categories of	46876
instructional services required by the guidelines under this	46877
division shall be the same as the categories of instructional	46878
services used in determining cost units pursuant to division	46879
(C)(3) of this section.	46880

(b) The numbers of students receiving support or	46881
extracurricular services for each of the support services or	46882
extracurricular programs offered by the school district, such as	46883
counseling services, health services, and extracurricular sports	46884
and fine arts programs. The categories of services required by the	46885
guidelines under this division shall be the same as the categories	46886
of services used in determining cost units pursuant to division	46887
(C)(4)(a) of this section.	46888

(c) Average student grades in each subject in grades nine	46889
through twelve;	46890

(d) Academic achievement levels as assessed under sections	46891
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	46892

(e) The number of students designated as having a disabling	46893
condition pursuant to division (C)(1) of section 3301.0711 of the	46894
Revised Code;	46895

(f) The numbers of students reported to the state board	46896
pursuant to division (C)(2) of section 3301.0711 of the Revised	46897
Code;	46898

(g) Attendance rates and the average daily attendance for the	46899
year. For purposes of this division, a student shall be counted as	46900
present for any field trip that is approved by the school	46901
administration.	46902

(h) Expulsion rates;

46903

(i) Suspension rates;

46904

(j) Dropout rates;

46905

(k) Rates of retention in grade;

46906

(l) For pupils in grades nine through twelve, the average	46907
number of carnegie units, as calculated in accordance with state	46908
board of education rules;	46909

(m) Graduation rates, to be calculated in a manner specified	46910
by the department of education that reflects the rate at which	46911
students who were in the ninth grade three years prior to the	46912
current year complete school and that is consistent with	46913
nationally accepted reporting requirements;	46914

(n) Results of diagnostic assessments administered to	46915
kindergarten students as required under section 3301.0715 of the	46916
Revised Code to permit a comparison of the academic readiness of	46917
kindergarten students. However, no district shall be required to	46918
report to the department the results of any diagnostic assessment	46919
administered to a kindergarten student if the parent of that	46920
student requests the district not to report those results.	46921

(2) Personnel and classroom enrollment data for each school	46922
district, including:	46923

(a) The total numbers of licensed employees and nonlicensed	46924
employees and the numbers of full-time equivalent licensed	46925
employees and nonlicensed employees providing each category of	46926
instructional service, instructional support service, and	46927
administrative support service used pursuant to division (C)(3) of	46928
this section. The guidelines adopted under this section shall	46929
require these categories of data to be maintained for the school	46930
district as a whole and, wherever applicable, for each grade in	46931
the school district as a whole, for each school building as a	46932
whole, and for each grade in each school building.	46933

(b) The total number of employees and the number of full-time	46934
equivalent employees providing each category of service used	46935
pursuant to divisions (C)(4)(a) and (b) of this section, and the	46936
total numbers of licensed employees and nonlicensed employees and	46937
the numbers of full-time equivalent licensed employees and	46938
nonlicensed employees providing each category used pursuant to	46939
division (C)(4)(c) of this section. The guidelines adopted under	46940
this section shall require these categories of data to be	46941
maintained for the school district as a whole and, wherever	46942
applicable, for each grade in the school district as a whole, for	46943
each school building as a whole, and for each grade in each school	46944
building.	46945

(c) The total number of regular classroom teachers teaching	46946
classes of regular education and the average number of pupils	46947
enrolled in each such class, in each of grades kindergarten	46948
through five in the district as a whole and in each school	46949
building in the school district.	46950

(d) The number of lead teachers employed by each school	46951
district and each school building.	46952

(3)(a) Student demographic data for each school district,	46953
including information regarding the gender ratio of the school	46954
district's pupils, the racial make-up of the school district's	46955
pupils, the number of limited English proficient students in the	46956
district, and an appropriate measure of the number of the school	46957
district's pupils who reside in economically disadvantaged	46958
households. The demographic data shall be collected in a manner to	46959
allow correlation with data collected under division (B)(1) of	46960
this section. Categories for data collected pursuant to division	46961
(B)(3) of this section shall conform, where appropriate, to	46962
standard practices of agencies of the federal government.	46963

(b) With respect to each student entering kindergarten,	46964
whether the student previously participated in a public preschool	46965
program, a private preschool program, or a head start program, and	46966
the number of years the student participated in each of these	46967
programs.	46968

(4) Any data required to be collected pursuant to federal	46969
law.	46970

(C) The education management information system shall include	46971
cost accounting data for each district as a whole and for each	46972
school building in each school district. The guidelines adopted	46973
under this section shall require the cost data for each school	46974
district to be maintained in a system of mutually exclusive cost	46975
units and shall require all of the costs of each school district	46976
to be divided among the cost units. The guidelines shall require	46977
the system of mutually exclusive cost units to include at least	46978
the following:	46979

(1) Administrative costs for the school district as a whole.	46980
The guidelines shall require the cost units under this division	46981
(C)(1) to be designed so that each of them may be compiled and	46982
reported in terms of average expenditure per pupil in formula ADM	46983
in the school district, as determined pursuant to section 3317.03	46984
of the Revised Code.	46985

(2) Administrative costs for each school building in the	46986
school district. The guidelines shall require the cost units under	46987
this division (C)(2) to be designed so that each of them may be	46988
compiled and reported in terms of average expenditure per	46989
full-time equivalent pupil receiving instructional or support	46990
services in each building.	46991

(3) Instructional services costs for each category of	46992
instructional service provided directly to students and required	46993
by guidelines adopted pursuant to division (B)(1)(a) of this	46994
section. The guidelines shall require the cost units under	46995
division (C)(3) of this section to be designed so that each of	46996
them may be compiled and reported in terms of average expenditure	46997
per pupil receiving the service in the school district as a whole	46998
and average expenditure per pupil receiving the service in each	46999
building in the school district and in terms of a total cost for	47000
each category of service and, as a breakdown of the total cost, a	47001
cost for each of the following components:	47002

(a) The cost of each instructional services category required	47003
by guidelines adopted under division (B)(1)(a) of this section	47004
that is provided directly to students by a classroom teacher;	47005

(b) The cost of the instructional support services, such as	47006
services provided by a speech-language pathologist, classroom	47007
aide, multimedia aide, or librarian, provided directly to students	47008
in conjunction with each instructional services category;	47009

(c) The cost of the administrative support services related	47010
to each instructional services category, such as the cost of	47011
personnel that develop the curriculum for the instructional	47012
services category and the cost of personnel supervising or	47013
coordinating the delivery of the instructional services category.	47014

(4) Support or extracurricular services costs for each	47015
category of service directly provided to students and required by	47016
guidelines adopted pursuant to division (B)(1)(b) of this section.	47017
The guidelines shall require the cost units under division (C)(4)	47018
of this section to be designed so that each of them may be	47019
compiled and reported in terms of average expenditure per pupil	47020
receiving the service in the school district as a whole and	47021
average expenditure per pupil receiving the service in each	47022
building in the school district and in terms of a total cost for	47023
each category of service and, as a breakdown of the total cost, a	47024
cost for each of the following components:	47025

(a) The cost of each support or extracurricular services	47026
category required by guidelines adopted under division (B)(1)(b)	47027
of this section that is provided directly to students by a	47028
licensed employee, such as services provided by a guidance	47029
counselor or any services provided by a licensed employee under a	47030
supplemental contract;	47031

(b) The cost of each such services category provided directly	47032
to students by a nonlicensed employee, such as janitorial	47033
services, cafeteria services, or services of a sports trainer;	47034

(c) The cost of the administrative services related to each	47035
services category in division (C)(4)(a) or (b) of this section,	47036
such as the cost of any licensed or nonlicensed employees that	47037
develop, supervise, coordinate, or otherwise are involved in	47038
administering or aiding the delivery of each services category.	47039

(D)(1) The guidelines adopted under this section shall	47040
require school districts to collect information about individual	47041
students, staff members, or both in connection with any data	47042
required by division (B) or (C) of this section or other reporting	47043
requirements established in the Revised Code. The guidelines may	47044
also require school districts to report information about	47045
individual staff members in connection with any data required by	47046
division (B) or (C) of this section or other reporting	47047
requirements established in the Revised Code. The guidelines shall	47048
not authorize school districts to request social security numbers	47049
of individual students. The guidelines shall prohibit the	47050
reporting under this section of a student's name, address, and	47051
social security number to the state board of education or the	47052
department of education. The guidelines shall also prohibit the	47053
reporting under this section of any personally identifiable	47054
information about any student, except for the purpose of assigning	47055
the data verification code required by division (D)(2) of this	47056
section, to any other person unless such person is employed by the	47057
school district or the information technology center operated	47058
under section 3301.075 of the Revised Code and is authorized by	47059
the district or technology center to have access to such	47060
information or is employed by an entity with which the department	47061
contracts for the scoring or the development of state assessments.	47062
The guidelines may require school districts to provide the social	47063
security numbers of individual staff members and the county of	47064
residence for a student. Nothing in this section prohibits the	47065
state board of education or department of education from providing	47066
a student's county of residence to the department of taxation to	47067
facilitate the distribution of tax revenue.	47068

(2)(a) The guidelines shall provide for each school district	47069
or community school to assign a data verification code that is	47070
unique on a statewide basis over time to each student whose	47071
initial Ohio enrollment is in that district or school and to	47072
report all required individual student data for that student	47073
utilizing such code. The guidelines shall also provide for	47074
assigning data verification codes to all students enrolled in	47075
districts or community schools on the effective date of the	47076
guidelines established under this section. The assignment of data	47077
verification codes for other entities, as described in division	47078
(D)(2)(c) of this section, the use of those codes, and the	47079
reporting and use of associated individual student data shall be	47080
coordinated by the department in accordance with state and federal	47081
law.	47082

School districts shall report individual student data to the	47083
department through the information technology centers utilizing	47084
the code. The entities described in division (D)(2)(c) of this	47085
section shall report individual student data to the department in	47086
the manner prescribed by the department.	47087

Except as provided in sections 3301.941, 3310.11, 3310.42,	47088
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	47089
shall the state board or the department have access to information	47090
that would enable any data verification code to be matched to	47091
personally identifiable student data.	47092

(b) Each school district and community school shall ensure	47093
that the data verification code is included in the student's	47094
records reported to any subsequent school district, community	47095
school, or state institution of higher education, as defined in	47096
section 3345.011 of the Revised Code, in which the student	47097
enrolls. Any such subsequent district or school shall utilize the	47098
same identifier in its reporting of data under this section.	47099

(c) The director of any state agency that administers a	47100
publicly funded program providing services to children who are	47101
younger than compulsory school age, as defined in section 3321.01	47102
of the Revised Code, including the directors of health, job and	47103
family services, ~~mental health~~mental health and addiction	47104
services, and developmental disabilities, shall request and	47105
receive, pursuant to sections 3301.0723 and 3701.62 of the Revised	47106
Code, a data verification code for a child who is receiving those	47107
services.	47108

(E) The guidelines adopted under this section may require	47109
school districts to collect and report data, information, or	47110
reports other than that described in divisions (A), (B), and (C)	47111
of this section for the purpose of complying with other reporting	47112
requirements established in the Revised Code. The other data,	47113
information, or reports may be maintained in the education	47114
management information system but are not required to be compiled	47115
as part of the profile formats required under division (G) of this	47116
section or the annual statewide report required under division (H)	47117
of this section.	47118

(F) Beginning with the school year that begins July 1, 1991,	47119
the board of education of each school district shall annually	47120
collect and report to the state board, in accordance with the	47121
guidelines established by the board, the data required pursuant to	47122
this section. A school district may collect and report these data	47123
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	47124

(G) The state board shall, in accordance with the procedures	47125
it adopts, annually compile the data reported by each school	47126
district pursuant to division (D) of this section. The state board	47127
shall design formats for profiling each school district as a whole	47128
and each school building within each district and shall compile	47129
the data in accordance with these formats. These profile formats	47130
shall:	47131

(1) Include all of the data gathered under this section in a	47132
manner that facilitates comparison among school districts and	47133
among school buildings within each school district;	47134

(2) Present the data on academic achievement levels as	47135
assessed by the testing of student achievement maintained pursuant	47136
to division (B)(1)(d) of this section.	47137

(H)(1) The state board shall, in accordance with the	47138
procedures it adopts, annually prepare a statewide report for all	47139
school districts and the general public that includes the profile	47140
of each of the school districts developed pursuant to division (G)	47141
of this section. Copies of the report shall be sent to each school	47142
district.	47143

(2) The state board shall, in accordance with the procedures	47144
it adopts, annually prepare an individual report for each school	47145
district and the general public that includes the profiles of each	47146
of the school buildings in that school district developed pursuant	47147
to division (G) of this section. Copies of the report shall be	47148
sent to the superintendent of the district and to each member of	47149
the district board of education.	47150

(3) Copies of the reports received from the state board under	47151
divisions (H)(1) and (2) of this section shall be made available	47152
to the general public at each school district's offices. Each	47153
district board of education shall make copies of each report	47154
available to any person upon request and payment of a reasonable	47155
fee for the cost of reproducing the report. The board shall	47156
annually publish in a newspaper of general circulation in the	47157
school district, at least twice during the two weeks prior to the	47158
week in which the reports will first be available, a notice	47159
containing the address where the reports are available and the	47160
date on which the reports will be available.	47161

(I) Any data that is collected or maintained pursuant to this	47162
section and that identifies an individual pupil is not a public	47163
record for the purposes of section 149.43 of the Revised Code.	47164

(J) As used in this section:

47165

(1) "School district" means any city, local, exempted	47166
village, or joint vocational school district and, in accordance	47167
with section 3314.17 of the Revised Code, any community school. As	47168
used in division (L) of this section, "school district" also	47169
includes any educational service center or other educational	47170
entity required to submit data using the system established under	47171
this section.	47172

(2) "Cost" means any expenditure for operating expenses made	47173
by a school district excluding any expenditures for debt	47174
retirement except for payments made to any commercial lending	47175
institution for any loan approved pursuant to section 3313.483 of	47176
the Revised Code.	47177

(K) Any person who removes data from the information system	47178
established under this section for the purpose of releasing it to	47179
any person not entitled under law to have access to such	47180
information is subject to section 2913.42 of the Revised Code	47181
prohibiting tampering with data.	47182

(L)(1) In accordance with division (L)(2) of this section and	47183
the rules adopted under division (L)(10) of this section, the	47184
department of education may sanction any school district that	47185
reports incomplete or inaccurate data, reports data that does not	47186
conform to data requirements and descriptions published by the	47187
department, fails to report data in a timely manner, or otherwise	47188
does not make a good faith effort to report data as required by	47189
this section.	47190

(2) If the department decides to sanction a school district	47191
under this division, the department shall take the following	47192
sequential actions:	47193

(a) Notify the district in writing that the department has	47194
determined that data has not been reported as required under this	47195
section and require the district to review its data submission and	47196
submit corrected data by a deadline established by the department.	47197
The department also may require the district to develop a	47198
corrective action plan, which shall include provisions for the	47199
district to provide mandatory staff training on data reporting	47200
procedures.	47201

(b) Withhold up to ten per cent of the total amount of state	47202
funds due to the district for the current fiscal year and, if not	47203
previously required under division (L)(2)(a) of this section,	47204
require the district to develop a corrective action plan in	47205
accordance with that division;	47206

(c) Withhold an additional amount of up to twenty per cent of	47207
the total amount of state funds due to the district for the	47208
current fiscal year;	47209

(d) Direct department staff or an outside entity to	47210
investigate the district's data reporting practices and make	47211
recommendations for subsequent actions. The recommendations may	47212
include one or more of the following actions:	47213

(i) Arrange for an audit of the district's data reporting	47214
practices by department staff or an outside entity;	47215

(ii) Conduct a site visit and evaluation of the district;

47216

(iii) Withhold an additional amount of up to thirty per cent	47217
of the total amount of state funds due to the district for the	47218
current fiscal year;	47219

(iv) Continue monitoring the district's data reporting;

47220

(v) Assign department staff to supervise the district's data	47221
management system;	47222

(vi) Conduct an investigation to determine whether to suspend	47223
or revoke the license of any district employee in accordance with	47224
division (N) of this section;	47225

(vii) If the district is issued a report card under section	47226
3302.03 of the Revised Code, indicate on the report card that the	47227
district has been sanctioned for failing to report data as	47228
required by this section;	47229

(viii) If the district is issued a report card under section	47230
3302.03 of the Revised Code and incomplete or inaccurate data	47231
submitted by the district likely caused the district to receive a	47232
higher performance rating than it deserved under that section,	47233
issue a revised report card for the district;	47234

(ix) Any other action designed to correct the district's data	47235
reporting problems.	47236

(3) Any time the department takes an action against a school	47237
district under division (L)(2) of this section, the department	47238
shall make a report of the circumstances that prompted the action.	47239
The department shall send a copy of the report to the district	47240
superintendent or chief administrator and maintain a copy of the	47241
report in its files.	47242

(4) If any action taken under division (L)(2) of this section	47243
resolves a school district's data reporting problems to the	47244
department's satisfaction, the department shall not take any	47245
further actions described by that division. If the department	47246
withheld funds from the district under that division, the	47247
department may release those funds to the district, except that if	47248
the department withheld funding under division (L)(2)(c) of this	47249
section, the department shall not release the funds withheld under	47250
division (L)(2)(b) of this section and, if the department withheld	47251
funding under division (L)(2)(d) of this section, the department	47252
shall not release the funds withheld under division (L)(2)(b) or	47253
(c) of this section.	47254

(5) Notwithstanding anything in this section to the contrary,	47255
the department may use its own staff or an outside entity to	47256
conduct an audit of a school district's data reporting practices	47257
any time the department has reason to believe the district has not	47258
made a good faith effort to report data as required by this	47259
section. If any audit conducted by an outside entity under	47260
division (L)(2)(d)(i) or (5) of this section confirms that a	47261
district has not made a good faith effort to report data as	47262
required by this section, the district shall reimburse the	47263
department for the full cost of the audit. The department may	47264
withhold state funds due to the district for this purpose.	47265

(6) Prior to issuing a revised report card for a school	47266
district under division (L)(2)(d)(viii) of this section, the	47267
department may hold a hearing to provide the district with an	47268
opportunity to demonstrate that it made a good faith effort to	47269
report data as required by this section. The hearing shall be	47270
conducted by a referee appointed by the department. Based on the	47271
information provided in the hearing, the referee shall recommend	47272
whether the department should issue a revised report card for the	47273
district. If the referee affirms the department's contention that	47274
the district did not make a good faith effort to report data as	47275
required by this section, the district shall bear the full cost of	47276
conducting the hearing and of issuing any revised report card.	47277

(7) If the department determines that any inaccurate data	47278
reported under this section caused a school district to receive	47279
excess state funds in any fiscal year, the district shall	47280
reimburse the department an amount equal to the excess funds, in	47281
accordance with a payment schedule determined by the department.	47282
The department may withhold state funds due to the district for	47283
this purpose.	47284

(8) Any school district that has funds withheld under	47285
division (L)(2) of this section may appeal the withholding in	47286
accordance with Chapter 119. of the Revised Code.	47287

(9) In all cases of a disagreement between the department and	47288
a school district regarding the appropriateness of an action taken	47289
under division (L)(2) of this section, the burden of proof shall	47290
be on the district to demonstrate that it made a good faith effort	47291
to report data as required by this section.	47292

(10) The state board of education shall adopt rules under	47293
Chapter 119. of the Revised Code to implement division (L) of this	47294
section.	47295

(M) No information technology center or school district shall	47296
acquire, change, or update its student administration software	47297
package to manage and report data required to be reported to the	47298
department unless it converts to a student software package that	47299
is certified by the department.	47300

(N) The state board of education, in accordance with sections	47301
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	47302
license as defined under division (A) of section 3319.31 of the	47303
Revised Code that has been issued to any school district employee	47304
found to have willfully reported erroneous, inaccurate, or	47305
incomplete data to the education management information system.	47306

(O) No person shall release or maintain any information about	47307
any student in violation of this section. Whoever violates this	47308
division is guilty of a misdemeanor of the fourth degree.	47309

(P) The department shall disaggregate the data collected	47310
under division (B)(1)(n) of this section according to the race and	47311
socioeconomic status of the students assessed. No data collected	47312
under that division shall be included on the report cards required	47313
by section 3302.03 of the Revised Code.	47314

(Q) If the department cannot compile any of the information	47315
required by division (H) of section 3302.03 of the Revised Code	47316
based upon the data collected under this section, the department	47317
shall develop a plan and a reasonable timeline for the collection	47318
of any data necessary to comply with that division.	47319

Sec. 3301.0715. (A) Except as otherwise required under	47320
division (B)(1) of section 3313.608 of the Revised Code, the board	47321
of education of each city, local, and exempted village school	47322
district shall administer each applicable diagnostic assessment	47323
developed and provided to the district in accordance with section	47324
3301.079 of the Revised Code to the following:	47325

(1) Any student who transfers into the district or to a	47326
different school within the district if each applicable diagnostic	47327
assessment was not administered by the district or school the	47328
student previously attended in the current school year, within	47329
thirty days after the date of transfer. If the district or school	47330
into which the student transfers cannot determine whether the	47331
student has taken any applicable diagnostic assessment in the	47332
current school year, the district or school may administer the	47333
diagnostic assessment to the student.	47334

(2) ~~Each~~(a) Prior to July 1, 2014, each kindergarten	47335
student, not earlier than four weeks prior to the first day of	47336
school and not later than the first day of October. ~~For~~	47337

(b) Beginning July 1, 2014, each kindergarten student, not	47338
earlier than the first day of the school year and not later than	47339
the first day of November, except that the language and reading	47340
skills portion of the assessment shall be administered by the	47341
thirtieth day of September to fulfill the requirements of division	47342
(B) of section 3313.608 of the Revised Code.	47343

For the purpose of division (A)(2) of this section, the	47344
district shall administer the kindergarten readiness assessment	47345
provided by the department of education. In no case shall the	47346
results of the readiness assessment be used to prohibit a student	47347
from enrolling in kindergarten.	47348

(3) Each student enrolled in first, second, or third grade.

47349

(B) Each district board shall administer each diagnostic	47350
assessment when the board deems appropriate, provided the	47351
administration complies with section 3313.608 of the Revised Code.	47352
However, the board shall administer any diagnostic assessment at	47353
least once annually to all students in the appropriate grade	47354
level. A district board may administer any diagnostic assessment	47355
in the fall and spring of a school year to measure the amount of	47356
academic growth attributable to the instruction received by	47357
students during that school year.	47358

(C) Any district that received an excellent or effective	47359
rating for the immediately preceding school year, pursuant to	47360
section 3302.03 of the Revised Code as it existed prior to ~~the~~	47361
~~effective date of this amendment~~March 22, 2013, or the equivalent	47362
of such rating as determined by the department of education, may	47363
use different diagnostic assessments from those adopted under	47364
division (D) of section 3301.079 of the Revised Code in order to	47365
satisfy the requirements of division (A)(2) of this section.	47366

(D) Each district board shall utilize and score any	47367
diagnostic assessment administered under division (A) of this	47368
section in accordance with rules established by the department.	47369
After the administration of any diagnostic assessment, each	47370
district shall provide a student's completed diagnostic	47371
assessment, the results of such assessment, and any other	47372
accompanying documents used during the administration of the	47373
assessment to the parent of that student, and shall include all	47374
such documents and information in any plan developed for the	47375
student under division (C) of section 3313.608 of the Revised	47376
Code. Each district shall submit to the department, in the manner	47377
the department prescribes, the results of the diagnostic	47378
assessments administered under this section, regardless of the	47379
type of assessment used under section 3313.608 of the Revised	47380
Code. The department may issue reports with respect to the data	47381
collected.	47382

(E) Each district board shall provide intervention services	47383
to students whose diagnostic assessments show that they are	47384
failing to make satisfactory progress toward attaining the	47385
academic standards for their grade level.	47386

Sec. 3301.0723. (A) The independent contractor engaged by	47387
the department of education to create and maintain for school	47388
districts and community schools the student data verification	47389
codes required by division (D)(2) of section 3301.0714 of the	47390
Revised Code, upon request of the director of any state agency	47391
that administers a publicly funded program providing services to	47392
children who are younger than compulsory school age, as defined in	47393
section 3321.01 of the Revised Code, including the directors of	47394
health, job and family services, ~~mental health~~mental health and	47395
addiction services, and developmental disabilities, shall assign a	47396
data verification code to a child who is receiving such services	47397
and shall provide that code to the director. The contractor also	47398
shall provide that code to the department of education.	47399

(B) The director of a state agency that receives a child's	47400
data verification code under division (A) of this section shall	47401
use that code to submit information for that child to the	47402
department of education in accordance with section 3301.0714 of	47403
the Revised Code.	47404

(C) A public school that receives from the independent	47405
contractor the data verification code for a child assigned under	47406
division (A) of this section shall not request or assign to that	47407
child another data verification code under division (D)(2) of	47408
section 3301.0714 of the Revised Code. That school and any other	47409
public school in which the child subsequently enrolls shall use	47410
the data verification code assigned under division (A) of this	47411
section to report data relative to that student required under	47412
section 3301.0714 of the Revised Code.	47413

Sec. 3301.0725. A school district may employ certificated	47414
instructional personnel for ~~more days during a school year than~~	47415
~~the district normally employs its regular classroom teachers~~hours	47416
outside of the normal school day for the purpose of providing	47417
extended programming. Extended programming, as defined by rule of	47418
the state board of education, shall be based upon learner needs	47419
and, if applicable, business and industry validated standards and	47420
competencies and shall enhance student learning opportunities.	47421
Extended programming shall be subject to the requirements of	47422
sections 3313.6018 and 3313.6019 of the Revised Code.	47423

No rule of the state board shall require extended programming	47424
employment of certificated instructional personnel as a condition	47425
of eligibility for funding under any other section of the Revised	47426
Code.	47427

Sec. 3301.15. The state board of education or its authorized	47428
representatives may inspect all institutions under the control of	47429
the department of job and family services, the department of	47430
~~mental health~~mental health and addiction services, the department	47431
of developmental disabilities, and the department of	47432
rehabilitation and correction which employ teachers, and may make	47433
a report on the teaching, discipline, and school equipment in	47434
these institutions to the director of job and family services, the	47435
director of ~~mental health~~mental health and addiction services,	47436
the director of developmental disabilities, the director of	47437
rehabilitation and correction, and the governor.	47438

Sec. 3301.16. Pursuant to standards prescribed by the state	47439
board of education as provided in division (D) of section 3301.07	47440
of the Revised Code, the state board shall classify and charter	47441
school districts and individual schools within each district	47442
except that no charter shall be granted to a nonpublic school	47443
unless the school complies with division (K)(1)(a) of section	47444
3301.0711, if applicable, and section 3313.612 of the Revised	47445
Code.	47446

In the course of considering the charter of a new school	47447
district created under section 3311.26 or 3311.38 of the Revised	47448
Code, the state board shall require the party proposing creation	47449
of the district to submit to the board a map, certified by the	47450
county auditor of the county in which the proposed new district is	47451
located, showing the boundaries of the proposed new district. In	47452
the case of a proposed new district located in more than one	47453
county, the map shall be certified by the county auditor of each	47454
county in which the proposed district is located.	47455

The state board shall revoke the charter of any school	47456
district or school which fails to meet the standards for	47457
elementary and high schools as prescribed by the board. The state	47458
board shall also revoke the charter of any nonpublic school that	47459
does not comply with division (K)(1)(a) of section 3301.0711, if	47460
applicable, and section 3313.612 of the Revised Code.	47461

In the issuance and revocation of school district or school	47462
charters, the state board shall be governed by the provisions of	47463
Chapter 119. of the Revised Code.	47464

No school district, or individual school operated by a school	47465
district, shall operate without a charter issued by the state	47466
board under this section.	47467

In case a school district charter is revoked pursuant to this	47468
section, the state board may dissolve the school district and	47469
transfer its territory to one or more adjacent districts. An	47470
equitable division of the funds, property, and indebtedness of the	47471
school district shall be made by the state board among the	47472
receiving districts. The board of education of a receiving	47473
district shall accept such territory pursuant to the order of the	47474
state board. Prior to dissolving the school district, the state	47475
board shall notify the appropriate educational service center	47476
governing board and all adjacent school district boards of	47477
education of its intention to do so. Boards so notified may make	47478
recommendations to the state board regarding the proposed	47479
dissolution and subsequent transfer of territory. Except as	47480
provided in section 3301.161 of the Revised Code, the transfer	47481
ordered by the state board shall become effective on the date	47482
specified by the state board, but the date shall be at least	47483
thirty days following the date of issuance of the order.	47484

A high school is one of higher grade than an elementary	47485
school, in which instruction and training are given in accordance	47486
with sections 3301.07 and 3313.60 of the Revised Code and which	47487
also offers other subjects of study more advanced than those	47488
taught in the elementary schools and such other subjects as may be	47489
approved by the state board of education.	47490

An elementary school is one in which instruction and training	47491
are given in accordance with sections 3301.07 and 3313.60 of the	47492
Revised Code and which offers such other subjects as may be	47493
approved by the state board of education. In districts wherein a	47494
junior high school is maintained, the elementary schools in that	47495
district may be considered to include only the work of the first	47496
six school years inclusive, plus the kindergarten year.	47497

Sec. 3302.01. As used in this chapter:

47498

(A) "Performance index score" means the average of the totals	47499
derived from calculations for each subject area of English	47500
language arts, mathematics, science, and social studies of the	47501
weighted proportion of untested students and students scoring at	47502
each level of skill described in division (A)(2) of section	47503
3301.0710 of the Revised Code on the assessments prescribed by	47504
divisions (A) and (B)(1) of that section. The department of	47505
education shall assign weights such that students who do not take	47506
an assessment receive a weight of zero and students who take an	47507
assessment receive progressively larger weights dependent upon the	47508
level of skill attained on the assessment. The department shall	47509
assign additional weights to students who have been permitted to	47510
pass over a subject in accordance with a student acceleration	47511
policy adopted under section 3324.10 of the Revised Code. If such	47512
a student attains the proficient score prescribed under division	47513
(A)(2)(c) of section 3301.0710 of the Revised Code or higher on an	47514
assessment, the department shall assign the student the weight	47515
prescribed for the next higher scoring level. If such a student	47516
attains the advanced score, prescribed under division (A)(2)(a) of	47517
section 3301.0710 of the Revised Code, on an assessment, the	47518
department shall assign to the student an additional proportional	47519
weight, as approved by the state board. For each school year that	47520
such a student's score is included in the performance index score	47521
and the student attains the proficient score on an assessment,	47522
that additional weight shall be assigned to the student on a	47523
subject-by-subject basis.	47524

Students shall be included in the "performance index score"	47525
in accordance with division (K)(2) of section 3302.03 of the	47526
Revised Code.	47527

(B) "Subgroup" means a subset of the entire student	47528
population of the state, a school district, or a school building	47529
and includes each of the following:	47530

(1) Major racial and ethnic groups;

47531

(2) Students with disabilities;

47532

(3) Economically disadvantaged students;

47533

(4) Limited English proficient students;

47534

(5) Students identified as gifted in superior cognitive	47535
ability and specific academic ability fields under Chapter 3324.	47536
of the Revised Code. For students who are gifted in specific	47537
academic ability fields, the department shall use data for those	47538
students with specific academic ability in math and reading. If	47539
any other academic field is assessed, the department shall also	47540
include data for students with specific academic ability in that	47541
field.	47542

(6) Students in the lowest quintile for achievement	47543
statewide, as determined by a method prescribed by the state board	47544
of education.	47545

(C) "No Child Left Behind Act of 2001" includes the statutes	47546
codified at 20 U.S.C. 6301 et seq. and any amendments, waivers, or	47547
both thereto, rules and regulations promulgated pursuant to those	47548
statutes, guidance documents, and any other policy directives	47549
regarding implementation of that act issued by the United States	47550
department of education.	47551

(D) "Adequate yearly progress" means a measure of annual	47552
academic performance as calculated in accordance with the "No	47553
Child Left Behind Act of 2001."	47554

(E) "Supplemental educational services" means additional	47555
academic assistance, such as tutoring, remediation, or other	47556
educational enrichment activities, that is conducted outside of	47557
the regular school day by a provider approved by the department in	47558
accordance with the "No Child Left Behind Act of 2001."	47559

(F) "Value-added progress dimension" means a measure of	47560
academic gain for a student or group of students over a specific	47561
period of time that is calculated by applying a statistical	47562
methodology to individual student achievement data derived from	47563
the achievement assessments prescribed by section 3301.0710 of the	47564
Revised Code. The "value-added progress dimension" shall be	47565
developed and implemented in accordance with section 3302.021 of	47566
the Revised Code.	47567

(G)(1) "Four-year adjusted cohort graduation rate" means the	47568
number of students who graduate in four years or less with a	47569
regular high school diploma divided by the number of students who	47570
form the adjusted cohort for the graduating class.	47571

(2) "Five-year adjusted cohort graduation rate" means the	47572
number of students who graduate in five years with a regular high	47573
school diploma divided by the number of students who form the	47574
adjusted cohort for the four-year graduation rate.	47575

(H) "State institution of higher education" has the same	47576
meaning as in section 3345.011 of the Revised Code.	47577

(I) "Annual measurable objectives" means a measure of student	47578
progress determined in accordance with an agreement between the	47579
department of education and the United States department of	47580
education.	47581

Sec. 3302.03. Annually, not later than the fifteenth day of	47582
September or the preceding Friday when that day falls on a	47583
Saturday or Sunday, the department of education shall assign a	47584
letter grade for overall academic performance and for each	47585
separate performance measure for each school district, and each	47586
school building in a district, in accordance with this section.	47587
The state board shall adopt rules pursuant to Chapter 119. of the	47588
Revised Code to establish performance criteria for each letter	47589
grade and prescribe a method by which the department assigns each	47590
letter grade. For a school building to which any of the	47591
performance measures do not apply, due to grade levels served by	47592
the building, the state board shall designate the performance	47593
measures that are applicable to the building and that must be	47594
calculated separately and used to calculate the building's overall	47595
grade. The department shall issue annual report cards reflecting	47596
the performance of each school district, each building within each	47597
district, and for the state as a whole using the performance	47598
measures and letter grade system described in this section. The	47599
department shall include on the report card for each district and	47600
each building within each district the most recent two-year trend	47601
data in student achievement for each subject and each grade.	47602

(A)(1) For the 2012-2013 school year, the department shall	47603
issue grades as described in division (E) of this section for each	47604
of the following performance measures:	47605

(a) Annual measurable objectives;

47606

(b) Performance index score for a school district or	47607
building. Grades shall be awarded as a percentage of the total	47608
possible points on the performance index system as adopted by the	47609
state board. In adopting benchmarks for assigning letter grades	47610
under division (A)(1)(b) of this section, the state board of	47611
education shall designate ninety per cent or higher for an "A," at	47612
least seventy per cent but not more than eighty per cent for a	47613
"C," and less than fifty per cent for an "F."	47614

(c) The extent to which the school district or building meets	47615
each of the applicable performance indicators established by the	47616
state board under section 3302.02 of the Revised Code and the	47617
percentage of applicable performance indicators that have been	47618
achieved. In adopting benchmarks for assigning letter grades under	47619
division (A)(1)(c) of this section, the state board shall	47620
designate ninety per cent or higher for an "A."	47621

(d) The four- and five-year adjusted cohort graduation rates.

47622

In adopting benchmarks for assigning letter grades under	47623
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	47624
department shall designate a four-year adjusted cohort graduation	47625
rate of ninety-three per cent or higher for an "A" and a five-year	47626
cohort graduation rate of ninety-five per cent or higher for an	47627
"A."	47628

(e) The overall score under the value-added progress	47629
dimension of a school district or building, for which the	47630
department shall use up to three years of value-added data as	47631
available. The letter grade assigned for this growth measure shall	47632
be as follows:	47633

(i) A score that is at least two standard errors of measure	47634
above the mean score shall be designated as an "A."	47635

(ii) A score that is at least one standard error of measure	47636
but less than two standard errors of measure above the mean score	47637
shall be designated as a "B."	47638

(iii) A score that is less than one standard error of measure	47639
above the mean score but greater than or equal to one standard	47640
error of measure below the mean score shall be designated as a	47641
"C."	47642

(iv) A score that is not greater than one standard error of	47643
measure below the mean score but is greater than or equal to two	47644
standard errors of measure below the mean score shall be	47645
designated as a "D."	47646

(v) A score that is not greater than two standard errors of	47647
measure below the mean score shall be designated as an "F."	47648

Whenever the value-added progress dimension is used as a	47649
graded performance measure, whether as an overall measure or as a	47650
measure of separate subgroups, the grades for the measure shall be	47651
calculated in the same manner as prescribed in division (A)(1)(e)	47652
of this section.	47653

(f) The value-added progress dimension score for a school	47654
district or building disaggregated for each of the following	47655
subgroups: students identified as gifted, students with	47656
disabilities, and students whose performance places them in the	47657
lowest quintile for achievement on a statewide basis. Each	47658
subgroup shall be a separate graded measure.	47659

(2) Not later than April 30, 2013, the state board of	47660
education shall adopt a resolution describing the performance	47661
measures, benchmarks, and grading system for the 2012-2013 school	47662
year and, not later than June 30, 2013, shall adopt rules in	47663
accordance with Chapter 119. of the Revised Code that prescribe	47664
the methods by which the performance measures under division	47665
(A)(1) of this section shall be assessed and assigned a letter	47666
grade, including performance benchmarks for each letter grade.	47667

At least forty-five days prior to the state board's adoption	47668
of rules to prescribe the methods by which the performance	47669
measures under division (A)(1) of this section shall be assessed	47670
and assigned a letter grade, the department shall conduct a public	47671
presentation before the standing committees of the house of	47672
representatives and the senate that consider education legislation	47673
describing such methods, including performance benchmarks.	47674

(3) There shall not be an overall letter grade for a school	47675
district or building for the 2012-2013 school year.	47676

(B)(1) For the 2013-2014 school year, the department shall	47677
issue grades as described in division (E) of this section for each	47678
of the following performance measures:	47679

(a) Annual measurable objectives;

47680

(b) Performance index score for a school district or	47681
building. Grades shall be awarded as a percentage of the total	47682
possible points on the performance index system as created by the	47683
department. In adopting benchmarks for assigning letter grades	47684
under division (B)(1)(b) of this section, the state board shall	47685
designate ninety per cent or higher for an "A," at least seventy	47686
per cent but not more than eighty per cent for a "C," and less	47687
than fifty per cent for an "F."	47688

(c) The extent to which the school district or building meets	47689
each of the applicable performance indicators established by the	47690
state board under section 3302.03 of the Revised Code and the	47691
percentage of applicable performance indicators that have been	47692
achieved. In adopting benchmarks for assigning letter grades under	47693
division (B)(1)(c) of this section, the state board shall	47694
designate ninety per cent or higher for an "A."	47695

(d) The four- and five-year adjusted cohort graduation rates;

47696

(e) The overall score under the value-added progress	47697
dimension of a school district or building, for which the	47698
department shall use up to three years of value-added data as	47699
available.	47700

(f) The value-added progress dimension score for a school	47701
district or building disaggregated for each of the following	47702
subgroups: students identified as gifted in superior cognitive	47703
ability and specific academic ability fields under Chapter 3324.	47704
of the Revised Code, students with disabilities, and students	47705
whose performance places them in the lowest quintile for	47706
achievement on a statewide basis. Each subgroup shall be a	47707
separate graded measure.	47708

(g) Whether a school district or building is making progress	47709
in improving literacy in grades kindergarten through three, as	47710
determined using a method prescribed by the state board. The state	47711
board shall adopt rules to prescribe benchmarks and standards for	47712
assigning grades to districts and buildings for purposes of	47713
division (B)(1)~~(j)~~(g) of this section. In adopting benchmarks for	47714
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	47715
this section, the state board shall determine progress made based	47716
on the reduction in the percentage of students scoring below grade	47717
level, or below proficient, compared from year to year on the	47718
~~English language arts~~reading and writing diagnostic assessments	47719
administered under section 3301.0715 of the Revised Code and the	47720
third grade English language arts assessment under section	47721
3301.0710 of the Revised Code, as applicable. The state board	47722
shall designate for a "C" grade a value that is not lower than the	47723
statewide average value for this measure. No grade shall be issued	47724
under divisions (B)(1)(g) and (C)(1)~~(j)~~(g) of this section for a	47725
district or building in which less than five per cent of students	47726
have scored below grade level on the diagnostic assessment	47727
administered to students in kindergarten under division (B)(1) of	47728
section 3313.608 of the Revised Code.	47729

(2) In addition to the graded measures in division (B)(1) of	47730
this section, the department shall include on a school district's	47731
or building's report card all of the following without an assigned	47732
letter grade:	47733

(a) The percentage of students enrolled in a district or	47734
building participating in advanced placement classes and the	47735
percentage of those students who received a score of three or	47736
better on advanced placement examinations;	47737

(b) The number of a district's or building's students who	47738
have earned at least three college credits through dual enrollment	47739
programs, such as the post-secondary enrollment options program	47740
under Chapter 3365. of the Revised Code and state-approved	47741
career-technical courses offered through dual enrollment or	47742
statewide articulation, that appear on a student's transcript or	47743
other official document, either of which is issued by the	47744
institution of higher education from which the student earned the	47745
college credit. The credits earned that are reported under	47746
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	47747
include any that are remedial or developmental and shall include	47748
those that count toward the curriculum requirements established	47749
for completion of a degree.	47750

(c) The percentage of students enrolled in a district or	47751
building who have taken a national standardized test used for	47752
college admission determinations and the percentage of those	47753
students who are determined to be remediation-free in accordance	47754
with standards adopted under division (F) of section 3345.061 of	47755
the Revised Code;	47756

(d) The percentage of the district's or the building's	47757
students who receive industry credentials. The state board shall	47758
adopt criteria for acceptable industry credentials.	47759

(e) The percentage of students enrolled in a district or	47760
building who are participating in an international baccalaureate	47761
program and the percentage of those students who receive a score	47762
of four or better on the international baccalaureate examinations.	47763

(f) The percentage of the district's or building's students	47764
who receive an honors diploma under division (B) of section	47765
3313.61 of the Revised Code.	47766

(3) Not later than December 31, 2013, the state board shall	47767
adopt rules in accordance with Chapter 119. of the Revised Code	47768
that prescribe the methods by which the performance measures under	47769
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	47770
and assigned a letter grade, including performance benchmarks for	47771
each grade.	47772

At least forty-five days prior to the state board's adoption	47773
of rules to prescribe the methods by which the performance	47774
measures under division (B)(1) of this section shall be assessed	47775
and assigned a letter grade, the department shall conduct a public	47776
presentation before the standing committees of the house of	47777
representatives and the senate that consider education legislation	47778
describing such methods, including performance benchmarks.	47779

(4) There shall not be an overall letter grade for a school	47780
district or building for the 2013-2014 school year.	47781

(C)(1) For the 2014-2015 school year and each school year	47782
thereafter, the department shall issue grades as described in	47783
division (E) of this section for each of the following performance	47784
measures and an overall letter grade based on an aggregate of	47785
those measures:	47786

(a) Annual measurable objectives;

47787

(b) Performance index score for a school district or	47788
building. Grades shall be awarded as a percentage of the total	47789
possible points on the performance index system as created by the	47790
department. In adopting benchmarks for assigning letter grades	47791
under division (C)(1)(b) of this section, the state board shall	47792
designate ninety per cent or higher for an "A," at least seventy	47793
per cent but not more than eighty per cent for a "C," and less	47794
than fifty per cent for an "F."	47795

(c) The extent to which the school district or building meets	47796
each of the applicable performance indicators established by the	47797
state board under section 3302.03 of the Revised Code and the	47798
percentage of applicable performance indicators that have been	47799
achieved. In adopting benchmarks for assigning letter grades under	47800
division (C)(1)(c) of this section, the state board shall	47801
designate ninety per cent or higher for an "A."	47802

(d) The four- and five-year adjusted cohort graduation rates;

47803

(e) The overall score under the value-added progress	47804
dimension, or another measure of student academic progress if	47805
adopted by the state board, of a school district or building, for	47806
which the department shall use up to three years of value-added	47807
data as available.	47808

In adopting benchmarks for assigning letter grades for	47809
overall score on value-added progress dimension under division	47810
(C)(1)(e) of this section, the state board shall prohibit the	47811
assigning of a grade of "A" for that measure unless the district's	47812
or building's grade assigned for value-added progress dimension	47813
for all subgroups under division (C)(1)~~(i)~~(f) of this section is a	47814
"B" or higher.	47815

For the metric prescribed by division (C)(1)(e) of this	47816
section, the state board may adopt a student academic progress	47817
measure to be used instead of the value-added progress dimension.	47818
If the state board adopts such a measure, it also shall prescribe	47819
a method for assigning letter grades for the new measure that is	47820
comparable to the method prescribed in division (A)(1)(e) of this	47821
section.	47822

(f) The value-added progress dimension score of a school	47823
district or building disaggregated for each of the following	47824
subgroups: students identified as gifted in superior cognitive	47825
ability and specific academic ability fields under Chapter 3324.	47826
of the Revised Code, students with disabilities, and students	47827
whose performance places them in the lowest quintile for	47828
achievement on a statewide basis, as determined by a method	47829
prescribed by the state board. Each subgroup shall be a separate	47830
graded measure.	47831

The state board may adopt student academic progress measures	47832
to be used instead of the value-added progress dimension. If the	47833
state board adopts such measures, it also shall prescribe a method	47834
for assigning letter grades for the new measures that is	47835
comparable to the method prescribed in division (A)(1)(e) of this	47836
section.	47837

(g) Whether a school district or building is making progress	47838
in improving literacy in grades kindergarten through three, as	47839
determined using a method prescribed by the state board. The state	47840
board shall adopt rules to prescribe benchmarks and standards for	47841
assigning grades to a district or building for purposes of	47842
division (C)(1)~~(j)~~(g) of this section. The state board shall	47843
designate for a "C" grade a value that is not lower than the	47844
statewide average value for this measure. No grade shall be issued	47845
under division (C)(1)(g) of this section for a district or	47846
building in which less than five per cent of students have scored	47847
below grade level on the kindergarten diagnostic assessment under	47848
division (B)(1) of section 3313.608 of the Revised Code.	47849

(2) In addition to the graded measures in division (C)(1) of	47850
this section, the department shall include on a school district's	47851
or building's report card all of the following without an assigned	47852
letter grade:	47853

(a) The percentage of students enrolled in a district or	47854
building who have taken a national standardized test used for	47855
college admission determinations and the percentage of those	47856
students who are determined to be remediation-free in accordance	47857
with the standards adopted under division (F) of section 3345.061	47858
of the Revised Code;	47859

(b) The percentage of students enrolled in a district or	47860
building participating in advanced placement classes and the	47861
percentage of those students who received a score of three or	47862
better on advanced placement examinations;	47863

(c) The number of a district's or building's students who	47864
have earned at least three college credits through dual enrollment	47865
programs, such as the post-secondary enrollment options program	47866
under Chapter 3365. of the Revised Code and state-approved	47867
career-technical courses offered through dual enrollment or	47868
statewide articulation, that appear on a student's transcript or	47869
other official document, either of which is issued by the	47870
institution of higher education from which the student earned the	47871
college credit. The credits earned that are reported under	47872
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	47873
include any that are remedial or developmental and shall include	47874
those that count toward the curriculum requirements established	47875
for completion of a degree.	47876

(d) The percentage of the district's or building's students	47877
who receive an honor's diploma under division (B) of section	47878
3313.61 of the Revised Code;	47879

(e) The percentage of the district's or building's students	47880
who receive industry credentials;	47881

(f) The percentage of students enrolled in a district or	47882
building who are participating in an international baccalaureate	47883
program and the percentage of those students who receive a score	47884
of four or better on the international baccalaureate examinations;	47885

(g) The results of the college and career-ready assessments	47886
administered under division (B)(1) of section 3301.0712 of the	47887
Revised Code.	47888

(3) The state board shall adopt rules pursuant to Chapter	47889
119. of the Revised Code that establish a method to assign an	47890
overall grade for a school district or school building for the	47891
2014-2015 school year and each school year thereafter. The rules	47892
shall group the performance measures in divisions (C)(1) and (2)	47893
of this section into the following components:	47894

(a) Gap closing, which shall include the performance measure	47895
in division (C)(1)(a) of this section;	47896

(b) Achievement, which shall include the performance measures	47897
in divisions (C)(1)(b) and (c) of this section;	47898

(c) Progress, which shall include the performance measures in	47899
divisions (C)(1)(e) and ~~(i)~~(f) of this section;	47900

(d) Graduation, which shall include the performance measure	47901
in division (C)(1)(d) of this section;	47902

(e) Kindergarten through third-grade literacy, which shall	47903
include the performance measure in division (C)(1)~~(k)~~(g) of this	47904
section;	47905

(f) Prepared for success, which shall include the performance	47906
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	47907
this section. The state board shall develop a method to determine	47908
a grade for the component in division (C)(3)(f) of this section	47909
using the performance measures in divisions (C)(2)(a), (b), (c),	47910
(d), (e), and (f) of this section. When available, the state board	47911
may incorporate the performance measure under division (C)(2)(g)	47912
of this section into the component under division (C)(3)(f) of	47913
this section. When determining the overall grade for the prepared	47914
for success component prescribed by division (C)(3)(f) of this	47915
section, no individual student shall be counted in more than one	47916
performance measure. However, if a student qualifies for more than	47917
one performance measure in the component, the state board may, in	47918
its method to determine a grade for the component, specify an	47919
additional weight for such a student that is not greater than or	47920
equal to 1.0. In determining the overall score under division	47921
(C)(3)(f) of this section, the state board shall ensure that the	47922
pool of students included in the performance measures aggregated	47923
under that division are all of the students included in the four-	47924
and five-year adjusted graduation cohort.	47925

In the rules adopted under division (C)(3) of this section,	47926
the state board shall adopt a method for determining a grade for	47927
each component in divisions (C)(3)(a) to (f) of this section. The	47928
state board also shall establish a method to assign an overall	47929
grade of "A," "B," "C," "D," or "F" using the grades assigned for	47930
each component. The method the state board adopts for assigning an	47931
overall grade shall give equal weight to the components in	47932
divisions (C)(3)(b) and (c) of this section.	47933

At least forty-five days prior to the state board's adoption	47934
of rules to prescribe the methods for calculating the overall	47935
grade for the report card, as required by this division, the	47936
department shall conduct a public presentation before the standing	47937
committees of the house of representatives and the senate that	47938
consider education legislation describing the format for the	47939
report card, weights that will be assigned to the components of	47940
the overall grade, and the method for calculating the overall	47941
grade.	47942

(D) Not later than July 1, 2015, the state board shall	47943
develop a measure of student academic progress for high school	47944
students. Beginning with the report card for the 2015-2016 school	47945
year, each school district and applicable school building shall be	47946
assigned a separate letter grade for this measure and the	47947
district's or building's grade for that measure shall be included	47948
in determining the district's or building's overall letter grade.	47949
This measure shall be included within the measure prescribed in	47950
division (C)~~(2)~~(3)(c) of this section in the calculation for the	47951
overall letter grade.	47952

(E) The letter grades assigned to a school district or	47953
building under this section shall be as follows:	47954

(1) "A" for a district or school making excellent progress;

47955

(2) "B" for a district or school making above average	47956
progress;	47957

(3) "C" for a district or school making average progress;

47958

(4) "D" for a district or school making below average	47959
progress;	47960

(5) "F" for a district or school failing to meet minimum	47961
progress.	47962

(F) When reporting data on student achievement and progress,	47963
the department shall disaggregate that data according to the	47964
following categories:	47965

(1) Performance of students by grade-level;

47966

(2) Performance of students by race and ethnic group;

47967

(3) Performance of students by gender;

47968

(4) Performance of students grouped by those who have been	47969
enrolled in a district or school for three or more years;	47970

(5) Performance of students grouped by those who have been	47971
enrolled in a district or school for more than one year and less	47972
than three years;	47973

(6) Performance of students grouped by those who have been	47974
enrolled in a district or school for one year or less;	47975

(7) Performance of students grouped by those who are	47976
economically disadvantaged;	47977

(8) Performance of students grouped by those who are enrolled	47978
in a conversion community school established under Chapter 3314.	47979
of the Revised Code;	47980

(9) Performance of students grouped by those who are	47981
classified as limited English proficient;	47982

(10) Performance of students grouped by those who have	47983
disabilities;	47984

(11) Performance of students grouped by those who are	47985
classified as migrants;	47986

(12) Performance of students grouped by those who are	47987
identified as gifted in superior cognitive ability and the	47988
specific academic ability fields of reading and math pursuant to	47989
Chapter 3324. of the Revised Code. In disaggregating specific	47990
academic ability fields for gifted students, the department shall	47991
use data for those students with specific academic ability in math	47992
and reading. If any other academic field is assessed, the	47993
department shall also include data for students with specific	47994
academic ability in that field as well.	47995

(13) Performance of students grouped by those who perform in	47996
the lowest quintile for achievement on a statewide basis, as	47997
determined by a method prescribed by the state board.	47998

The department may disaggregate data on student performance	47999
according to other categories that the department determines are	48000
appropriate. To the extent possible, the department shall	48001
disaggregate data on student performance according to any	48002
combinations of two or more of the categories listed in divisions	48003
(F)(1) to (13) of this section that it deems relevant.	48004

In reporting data pursuant to division (F) of this section,	48005
the department shall not include in the report cards any data	48006
statistical in nature that is statistically unreliable or that	48007
could result in the identification of individual students. For	48008
this purpose, the department shall not report student performance	48009
data for any group identified in division (F) of this section that	48010
contains less than ten students. If the department does not report	48011
student performance data for a group because it contains less than	48012
ten students, the department shall indicate on the report card	48013
that is why data was not reported.	48014

(G) The department may include with the report cards any	48015
additional education and fiscal performance data it deems	48016
valuable.	48017

(H) The department shall include on each report card a list	48018
of additional information collected by the department that is	48019
available regarding the district or building for which the report	48020
card is issued. When available, such additional information shall	48021
include student mobility data disaggregated by race and	48022
socioeconomic status, college enrollment data, and the reports	48023
prepared under section 3302.031 of the Revised Code.	48024

The department shall maintain a site on the world wide web.	48025
The report card shall include the address of the site and shall	48026
specify that such additional information is available to the	48027
public at that site. The department shall also provide a copy of	48028
each item on the list to the superintendent of each school	48029
district. The district superintendent shall provide a copy of any	48030
item on the list to anyone who requests it.	48031

(I) Division (I) of this section does not apply to conversion	48032
community schools that primarily enroll students between sixteen	48033
and twenty-two years of age who dropped out of high school or are	48034
at risk of dropping out of high school due to poor attendance,	48035
disciplinary problems, or suspensions.	48036

(1) For any district that sponsors a conversion community	48037
school under Chapter 3314. of the Revised Code, the department	48038
shall combine data regarding the academic performance of students	48039
enrolled in the community school with comparable data from the	48040
schools of the district for the purpose of determining the	48041
performance of the district as a whole on the report card issued	48042
for the district under this section or section 3302.033 of the	48043
Revised Code.	48044

(2) Any district that leases a building to a community school	48045
located in the district or that enters into an agreement with a	48046
community school located in the district whereby the district and	48047
the school endorse each other's programs may elect to have data	48048
regarding the academic performance of students enrolled in the	48049
community school combined with comparable data from the schools of	48050
the district for the purpose of determining the performance of the	48051
district as a whole on the district report card. Any district that	48052
so elects shall annually file a copy of the lease or agreement	48053
with the department.	48054

(3) Any municipal school district, as defined in section	48055
3311.71 of the Revised Code, that sponsors a community school	48056
located within the district's territory, or that enters into an	48057
agreement with a community school located within the district's	48058
territory whereby the district and the community school endorse	48059
each other's programs, may exercise either or both of the	48060
following elections:	48061

(a) To have data regarding the academic performance of	48062
students enrolled in that community school combined with	48063
comparable data from the schools of the district for the purpose	48064
of determining the performance of the district as a whole on the	48065
district's report card;	48066

(b) To have the number of students attending that community	48067
school noted separately on the district's report card.	48068

The election authorized under division (I)(3)(a) of this	48069
section is subject to approval by the governing authority of the	48070
community school.	48071

Any municipal school district that exercises an election to	48072
combine or include data under division (I)(3) of this section, by	48073
the first day of October of each year, shall file with the	48074
department documentation indicating eligibility for that election,	48075
as required by the department.	48076

(J) The department shall include on each report card the	48077
percentage of teachers in the district or building who are highly	48078
qualified, as defined by the "No Child Left Behind Act of 2001,"	48079
and a comparison of that percentage with the percentages of such	48080
teachers in similar districts and buildings.	48081

(K)(1) In calculating English language arts, mathematics,	48082
social studies, or science assessment passage rates used to	48083
determine school district or building performance under this	48084
section, the department shall include all students taking an	48085
assessment with accommodation or to whom an alternate assessment	48086
is administered pursuant to division (C)(1) or (3) of section	48087
3301.0711 of the Revised Code.	48088

(2) In calculating performance index scores, rates of	48089
achievement on the performance indicators established by the state	48090
board under section 3302.02 of the Revised Code, and annual	48091
measurable objectives for determining adequate yearly progress for	48092
school districts and buildings under this section, the department	48093
shall do all of the following:	48094

(a) Include for each district or building only those students	48095
who are included in the ADM certified for the first full school	48096
week of October and are continuously enrolled in the district or	48097
building through the time of the spring administration of any	48098
assessment prescribed by division (A)(1) or (B)(1) of section	48099
3301.0710 of the Revised Code that is administered to the	48100
student's grade level;	48101

(b) Include cumulative totals from both the fall and spring	48102
administrations of the third grade English language arts	48103
achievement assessment;	48104

(c) Except as required by the "No Child Left Behind Act of	48105
2001," exclude for each district or building any limited English	48106
proficient student who has been enrolled in United States schools	48107
for less than one full school year.	48108

(L) Beginning with the 2015-2016 school year and at least	48109
once every three years thereafter, the state board of education	48110
shall review and may adjust the benchmarks for assigning letter	48111
grades to the performance measures and components prescribed under	48112
divisions (C)(3) and (D) of this section.	48113

Sec. 3302.20. (A) The department of education shall develop	48114
standards for determining, from the existing data reported in	48115
accordance with sections 3301.0714 and 3314.17 of the Revised	48116
Code, the amount of annual operating expenditures for classroom	48117
instructional purposes and for nonclassroom purposes for each	48118
city, exempted village, local, and joint vocational school	48119
district, each community school established under Chapter 3314.	48120
that is not an internet- or computer-based community school, each	48121
internet- or computer-based community school, and each STEM school	48122
established under Chapter 3326. of the Revised Code. The	48123
department shall present those standards to the state board of	48124
education for consideration. In developing the standards, the	48125
department shall adapt existing standards used by professional	48126
organizations, research organizations, and other state	48127
governments. The department also shall align the expenditure	48128
categories required for reporting under the standards with the	48129
categories that are required for reporting to the United States	48130
department of education under federal law.	48131

The state board shall consider the proposed standards and	48132
adopt a final set of standards not later than December 31, 2012.	48133
School districts, community schools, and STEM schools shall begin	48134
reporting data in accordance with the standards on June 30, 2013.	48135

(B)(1) The department shall categorize all city, exempted	48136
village, and local school districts into not less than three nor	48137
more than five groups based primarily on average daily student	48138
enrollment as reported on the most recent report card issued for	48139
each district under section 3302.03 of the Revised Code.	48140

(2) The department shall categorize all joint vocational	48141
school districts into not less than three nor more than five	48142
groups based primarily on average daily membership as reported	48143
under division (D) of section 3317.03 of the Revised Code rounded	48144
to the nearest whole number.	48145

(3) The department shall categorize all community schools	48146
that are not internet- or computer-based community schools into	48147
not less than three nor more than five groups based primarily on	48148
average daily student enrollment as reported on the most recent	48149
report card issued for each community school under sections	48150
3302.03 and 3314.012 of the Revised Code or, in the case of a	48151
school to which section 3314.017 of the Revised Code applies, on	48152
the total number of students reported under divisions (B)(2)(a)	48153
and (b) of section 3314.08 of the Revised Code.	48154

(4) The department shall categorize all internet- or	48155
computer-based community schools into a single category.	48156

(5) The department shall categorize all STEM schools into a	48157
single category.	48158

(C) Using the standards adopted under division (A) of this	48159
section and the data reported under sections 3301.0714 and 3314.17	48160
of the Revised Code, the department shall compute annually for	48161
each fiscal year, the following:	48162

(1) The percentage of each district's, community school's, or	48163
STEM school's total operating budget spent for classroom	48164
instructional purposes;	48165

(2) The statewide average percentage for all districts,	48166
community schools, and STEM schools combined spent for classroom	48167
instructional purposes;	48168

(3) The average percentage for each of the categories of	48169
districts and schools established under division (B) of this	48170
section spent for classroom instructional purposes;	48171

(4) The ranking of each district, community school, or STEM	48172
school within its respective category established under division	48173
(B) of this section according to the following:	48174

(a) From highest to lowest percentage spent for classroom	48175
instructional purposes;	48176

(b) From lowest to highest percentage spent for	48177
noninstructional purposes.	48178

(5) The total operating expenditures per pupil for each	48179
district, community school, and STEM school;	48180

(6) The total operating expenditure per equivalent pupils for	48181
each district, community school, and STEM school.	48182

(D) In its display of rankings within each category under	48183
division (C)(4) of this section, the department shall make the	48184
following notations:	48185

(1) Within each category of city, exempted village, and local	48186
school districts, the department shall denote each district that	48187
is:	48188

(a) Among the twenty per cent of all city, exempted village,	48189
and local school districts statewide with the lowest total	48190
operating ~~expenditures~~expenditure per ~~pupil~~equivalent pupils;	48191

(b) Among the twenty per cent of all city, exempted village,	48192
and local school districts statewide with the highest performance	48193
index scores.	48194

(2) Within each category of joint vocational school	48195
districts, the department shall denote each district that is:	48196

(a) Among the twenty per cent of all joint vocational school	48197
districts statewide with the lowest total operating ~~expenditures~~	48198
expenditure per ~~pupil~~equivalent pupils;	48199

(b) Among the twenty per cent of all joint vocational school	48200
districts statewide with the highest report card scores under	48201
section 3302.033 of the Revised Code.	48202

(3) Within each category of community schools that are not	48203
internet- or computer-based community schools, the department	48204
shall denote each school that is:	48205

(a) Among the twenty per cent of all such community schools	48206
statewide with the lowest total operating ~~expenditures~~expenditure	48207
per ~~pupil~~equivalent pupils;	48208

(b) Among the twenty per cent of all such community schools	48209
statewide with the highest performance index scores, excluding	48210
such community schools to which section 3314.017 of the Revised	48211
Code applies.	48212

(4) Within the category of internet- or computer-based	48213
community schools, the department shall denote each school that	48214
is:	48215

(a) Among the twenty per cent of all such community schools	48216
statewide with the lowest total operating ~~expenditures~~expenditure	48217
per ~~pupil~~equivalent pupils;	48218

(b) Among the twenty per cent of all such community schools	48219
statewide with the highest performance index scores, excluding	48220
such community schools to which section 3314.017 of the Revised	48221
Code applies.	48222

(5) Within the category of STEM schools, the department shall	48223
denote each school that is:	48224

(a) Among the twenty per cent of all STEM schools statewide	48225
with the lowest total operating ~~expenditures~~expenditure per ~~pupil~~	48226
equivalent pupils;	48227

(b) Among the twenty per cent of all STEM schools statewide	48228
with the highest performance index scores.	48229

For purposes of divisions (D)(3)(b) and (4)(b) of this	48230
section, the display shall note that, in accordance with section	48231
3314.017 of the Revised Code, a performance index score is not	48232
reported for some community schools that serve primarily students	48233
enrolled in dropout prevention and recovery programs.	48234

(E) The department shall post in a prominent location on its	48235
web site the information prescribed by divisions (C) and (D) of	48236
this section. The department also shall include on each	48237
district's, community school's, and STEM school's annual report	48238
card issued under section 3302.03 or 3314.017 of the Revised Code	48239
the respective information computed for the district or school	48240
under divisions (C)(1) and (4) of this section, the statewide	48241
information computed under division (C)(2) of this section, and	48242
the information computed for the district's or school's category	48243
under division (C)(3) of this section.	48244

(F) As used in this section:

48245

(1) "Internet- or computer-based community school" has the	48246
same meaning as in section 3314.02 of the Revised Code.	48247

(2) A school district's, community school's, or STEM school's	48248
performance index score rank is its performance index score rank	48249
as computed under section 3302.21 of the Revised Code.	48250

(3) "Expenditure per equivalent pupils" has the same meaning	48251
as in section 3302.26 of the Revised Code.	48252

Sec. 3302.21. (A) The department of education shall develop	48253
a system to rank order all city, exempted village, and local	48254
school districts, community schools established under Chapter	48255
3314. of the Revised Code except those community schools to which	48256
section 3314.017 of the Revised Code applies, and STEM schools	48257
established under Chapter 3326. of the Revised Code according to	48258
the following measures:	48259

(1) Performance index score for each school district,	48260
community school, and STEM school and for each separate building	48261
of a district, community school, or STEM school. For districts,	48262
schools, or buildings to which the performance index score does	48263
not apply, the superintendent of public instruction may develop	48264
another measure of student academic performance based on similar	48265
data and performance measures if appropriate and use that measure	48266
to include those buildings in the ranking so that districts,	48267
schools, and buildings may be reliably compared to each other.	48268

(2) Student performance growth from year to year, using the	48269
value-added progress dimension, if applicable, and other measures	48270
of student performance growth designated by the superintendent of	48271
public instruction for subjects and grades not covered by the	48272
value-added progress dimension or the alternative student academic	48273
progress measure if adopted under division (C)(1)(e) of section	48274
3302.03 of the Revised Code;	48275

(3) Current operating ~~expenditures~~expenditure per ~~pupil~~	48276
equivalent pupils as ~~determined under standards adopted by the~~	48277
~~state board of education under~~defined in section ~~3302.20~~3302.26	48278
of the Revised Code;	48279

(4) Of total current operating expenditures, percentage spent	48280
for classroom instruction as determined under standards adopted by	48281
the state board under section 3302.20 of the Revised Code;	48282

(5) Performance of, and opportunities provided to, students	48283
identified as gifted using value-added progress dimensions, if	48284
applicable, and other relevant measures as designated by the	48285
superintendent of public instruction.	48286

The department shall rank each district, each community	48287
school except a community school to which section 3314.017 of the	48288
Revised Code applies, and each STEM school annually in accordance	48289
with the system developed under this section.	48290

(B) In addition to the reports required by sections 3302.03	48291
and 3302.031 of the Revised Code, not later than the first day of	48292
September each year, the department shall issue a report for each	48293
city, exempted village, and local school district, each community	48294
school except a community school to which section 3314.017 of the	48295
Revised Code applies, and each STEM school indicating the	48296
district's or school's rank on each measure described in divisions	48297
(A)(1) to (4) of this section, including each separate building's	48298
rank among all public school buildings according to performance	48299
index score under division (A)(1) of this section.	48300

Sec. 3302.22. (A) The governor's effective and efficient	48301
schools recognition program is hereby created. Each year, the	48302
governor shall recognize, in a manner deemed appropriate by the	48303
governor, the top ten per cent of all public schools in this	48304
state, including ~~schools of~~ city, exempted village, and local	48305
school districts, or joint vocational school districts, community	48306
schools established under Chapter 3314. ~~of the Revised Code~~, and	48307
STEM schools established under Chapter 3326. of the Revised Code.	48308

(B) The top ten per cent of schools shall be determined by	48309
the department of education according to standards established by	48310
the department, in consultation with the governor's office of 21st	48311
century education. The standards for recognition for each type of	48312
school may vary depending upon the unique characteristics of that	48313
type of school. The standards shall include, but need not be	48314
limited to, both of the following, provided that sufficient data	48315
is available for each school:	48316

(1) Student performance, as determined by factors ~~including~~	48317
that may include, but not be limited to, performance indicators	48318
under section 3302.02 of the Revised Code, report cards issued	48319
under section 3302.03 of the Revised Code, performance index score	48320
rankings under section 3302.21 of the Revised Code, and any other	48321
statewide or national assessment or student performance	48322
recognition program the department selects;	48323

(2) Fiscal performance, ~~including~~which may include	48324
cost-effective measures taken by the school.	48325

(C) If applicable, the standards under divisions (B)(1) and	48326
(2) of this section may be applied at the school building or	48327
district level, depending upon the quality and availability of	48328
data.	48329

Sec. 3302.26. (A) As used in this section:

48330

(1) "Expenditure per equivalent pupils" is the total	48331
operating expenditures of a school district divided by the measure	48332
of equivalent pupils.	48333

(2) "Measure of equivalent pupils" is the total number of	48334
students in a school district adjusted for the relative	48335
differences in costs associated with the unique characteristics	48336
and needs of each category of pupil.	48337

(B) The department of education shall create a performance	48338
management section on the department's public web site. The	48339
performance management section shall include information on	48340
academic and financial performance metrics for each school	48341
district to assist schools and districts in providing an effective	48342
and efficient delivery of educational services. The section shall	48343
include, but not be limited to, all of the following:	48344

(1) A graph that illustrates the relationship between a	48345
district's academic performance, as measured by the performance	48346
index score, and its expenditure per equivalent pupils as compared	48347
to similar districts;	48348

(2) Each district's total operating expenditures per pupil;

48349

(3) Statistics of academic and financial performance measures	48350
for each district to allow for a comparison and benchmarking	48351
between districts.	48352

(C) The department may contract with an independent	48353
organization to develop and host the performance management	48354
section of its web site.	48355

Sec. 3303.41. There is hereby created the governor's council	48356
on people with disabilities. The council shall consist of	48357
twenty-one members of which the majority shall be people with	48358
disabilities as defined in this section, appointed by the governor	48359
for a term of three years except that for initial appointments,	48360
seven members shall be appointed for a term of one year, seven	48361
members shall be appointed for a term of two years, and seven	48362
members shall be appointed for a term of three years. Members may	48363
succeed themselves not more than one time. The governor shall	48364
annually appoint a ~~chairman~~chairperson who may succeed himself or	48365
herself not more than one time. Members of the council shall serve	48366
without compensation, but shall be paid the actual and necessary	48367
expenses they incur in the performance of their duties.	48368

The council shall meet at least six times annually at such	48369
times and places as may be designated by the ~~chairman~~chairperson.	48370

The governor's council on people with disabilities shall be	48371
assigned to the ~~rehabilitation services commission~~opportunities	48372
for Ohioans with disabilities agency for administrative purposes.	48373
The ~~administrator~~executive director of the ~~rehabilitation~~	48374
~~services commission~~opportunities for Ohioans with disabilities	48375
agency shall assign one professional staff person to the council	48376
to serve as executive secretary and other personnel as determined	48377
advisable.	48378

The council shall have the following powers:

48379

(A) To cooperate with the president's committee on employment	48380
of the handicapped;	48381

(B) To cooperate with all employers both public and private	48382
in locating or developing employment opportunities for people with	48383
disabilities;	48384

(C) To encourage and assist in the creation of committees at	48385
the community level;	48386

(D) To assist local, state, and federal agencies to	48387
coordinate their activities for the purpose of securing maximum	48388
utilization of funds and efforts that benefit people with	48389
disabilities;	48390

(E) To encourage cooperation among public and private	48391
employers, unions, and rehabilitation agencies, bureaus, and	48392
organizations both public and private with a specific goal to	48393
facilitate employment of people with disabilities;	48394

(F) To serve in an advisory capacity to the governor's office	48395
directly and as needed to the general assembly on issues relating	48396
to the needs, problems, and other concerns of people with	48397
disabilities;	48398

(G) To conduct educational programs to acquaint the public	48399
with the abilities and accomplishments of people with	48400
disabilities;	48401

(H) To promote the elimination of architectural barriers to	48402
make buildings used by the public accessible and useable by	48403
persons with physical limitations;	48404

(I) To make such rules as it determines advisable for the	48405
conduct of its own business.	48406

The council shall annually report to the governor on council	48407
activities and on the state of ~~Ohio's~~the people of this state	48408
with disabilities. This report may include any recommendations	48409
believed necessary or desirable to carry out the purposes of this	48410
section.	48411

As used in this section, "person with a disability" means any	48412
individual who has a disability or condition ~~which~~that,	48413
regardless of its physical or mental origin, imposes a functional	48414
limitation. It	48415

It shall be lawful for any public employee or officer to	48416
serve as a member of the council.	48417

Sec. 3304.11. As used in sections 3304.11 to 3304.27,	48418
~~inclusive,~~ of the Revised Code:	48419

(A) ~~"Handicapped person" or "disabled person"~~"Person with a	48420
disability" means any person with a physical or mental ~~disability~~	48421
~~which~~impairment that is a substantial ~~handicap~~impediment to	48422
employment ~~and which is of a nature that~~who can benefit in terms	48423
of an employment outcome from the provision of vocational	48424
rehabilitation services ~~may reasonably be expected to render him~~	48425
~~fit to engage in a gainful occupation consistent with his~~	48426
~~capacities and abilities, and any person with a physical or mental~~	48427
~~disability that constitutes a substantial handicap to employment~~	48428
~~for whom vocational rehabilitation services are necessary to~~	48429
~~determine his rehabilitation potential~~.	48430

(B) "Physical or mental ~~disability~~impairment" means a	48431
physical or mental condition that materially limits, contributes	48432
to limiting or, if not corrected, will probably result in limiting	48433
a person's activities or functioning.	48434

(C) "Substantial ~~handicap~~impediment to employment" means a	48435
physical or mental disability that impedes a person's occupational	48436
performance, by preventing ~~his~~the person's obtaining, retaining,	48437
or preparing for a gainful occupation consistent with ~~his~~the	48438
person's capacities and abilities.	48439

(D) "Vocational rehabilitation" and "vocational	48440
rehabilitation services" means any activity or service calculated	48441
to enable a ~~handicapped~~ person with a disability or groups of	48442
~~handicapped~~ persons with disabilities to engage in gainful	48443
occupation and includes, but is not limited to, medical and	48444
vocational evaluation, including diagnostic and related services,	48445
vocational counseling, guidance and placement, including follow-up	48446
services, rehabilitation training, including books and other	48447
training materials, physical restoration, recruitment and training	48448
services designed to provide ~~handicapped~~ persons with disabilities	48449
new employment opportunities, maintenance, occupational tools,	48450
equipment, supplies, transportation, services to families of	48451
~~handicapped~~ persons ~~which~~with disabilities that contribute	48452
substantially to the rehabilitation of these persons, and any	48453
other goods or service necessary to render a ~~handicapped~~ person	48454
with a disability employable.	48455

(E) "Establishment of a rehabilitation facility" means the	48456
expansion, remodeling, or alteration of an existing building,	48457
~~which~~that is necessary to adapt or to increase the effectiveness	48458
of that building for rehabilitation facility purposes, the	48459
acquisition of equipment for these purposes, and the initial	48460
staffing.	48461

(F) "Construction" means the construction of new buildings,	48462
acquisition of land or existing buildings and their expansion,	48463
remodeling, alteration and renovation, and the initial staffing	48464
and equipment of any new, newly acquired, expanded, remodeled,	48465
altered, or renovated buildings.	48466

(G) "Physical restoration services" means those services	48467
~~which~~that are necessary to correct or substantially modify within	48468
a reasonable period of time a physical or mental condition ~~which~~	48469
that is stable or slowly progressive.	48470

(H) "Occupational license" means any license, permit, or	48471
other written authority required by any governmental unit in order	48472
to engage in any occupation or business.	48473

(I) "Maintenance" means money payments to ~~disabled~~ persons	48474
with disabilities who need financial assistance for their	48475
subsistence during their vocational rehabilitation.	48476

Sec. 3304.12. (A) The governor, with the advice and consent	48477
of the senate, shall appoint ~~a rehabilitation services~~the	48478
opportunities for Ohioans with disabilities commission within the	48479
opportunities for Ohioans with disabilities agency consisting of	48480
seven members, no more than four of whom shall be members of the	48481
same political party and who shall include at least three from	48482
rehabilitation professions, including at least one member from the	48483
field of services to the blind, and at least four ~~handicapped~~	48484
individuals with disabilities, no less than two nor more than	48485
three of whom have received vocational rehabilitation services	48486
offered by a state vocational rehabilitation agency or the	48487
veterans' administration. ~~Such handicapped~~The members with	48488
disabilities shall be representative of several major categories	48489
of ~~handicapped~~ persons with disabilities served by the ~~commission~~	48490
opportunities for Ohioans with disabilities agency.	48491

(B) ~~Of the members first appointed to the commission, one~~	48492
~~shall be appointed for a term of seven years, one for a term of~~	48493
~~six years, one for a term of five years, one for a term of four~~	48494
~~years, one for a term of three years, one for a term of two years,~~	48495
~~and one for a term of one year. Thereafter, terms~~Terms of office	48496
shall be for seven years, commencing on the ninth day of September	48497
and ending on the eighth day of September, with no person eligible	48498
to serve more than two seven-year terms. Each member shall hold	48499
office from the date of ~~his~~ appointment until the end of the term	48500
for which hethe member was appointed. Any member appointed to	48501
fill a vacancy occurring prior to the expiration of the term for	48502
which ~~his~~the member's predecessor was appointed shall hold office	48503
for the remainder of ~~such~~that term. Any member shall continue in	48504
office subsequent to the expiration date of ~~his~~the member's term	48505
until ~~his~~a successor takes office, or until a period of sixty	48506
days has elapsed, whichever occurs first. ~~Members appointed to the~~	48507
~~commission after September 1, 1977, shall be handicapped~~	48508
~~individuals representing those who have received vocational~~	48509
~~rehabilitation services offered by a state vocational~~	48510
~~rehabilitaion agency or the veterans' administration until the~~	48511
~~commission membership includes at least four such individuals.~~	48512
Members who fail to perform their duties or who are guilty of	48513
misconduct may be removed on written charges preferred by the	48514
governor or by a majority of the commission.	48515

(C) Members of the commission shall be reimbursed for travel	48516
and necessary expenses incurred in the conduct of their duties,	48517
and shall receive an amount fixed pursuant to division (J) of	48518
section 124.15 of the Revised Code while actually engaged in	48519
attendance at meetings or in the performance of their duties.	48520

Sec. 3304.13. The ~~rehabilitation services commission~~	48521
opportunities for Ohioans with disabilities commission shall hold	48522
its first meeting at the call of the governor, and at that	48523
meeting, shall elect one of its members as ~~chairman~~chairperson	48524
and adopt rules governing the time and place of regular meetings,	48525
which shall be held not less than once every four months. Special	48526
meetings shall be held at the call of the ~~chairman~~chairperson or	48527
any three members of the commission. The ~~chairman~~chairperson	48528
shall serve for four years, unless removed earlier by a majority	48529
vote of the commission, and shall be ineligible to serve as	48530
~~chairman~~chairperson during the succeeding four years. Each member	48531
of the commission, before entering upon the duties of office,	48532
shall take and subscribe an oath to uphold the constitution and	48533
laws of the United States and this state and to perform the duties	48534
of office honestly, faithfully, and impartially. Each member shall	48535
give a bond of five thousand dollars, with a sufficient surety	48536
approved by the treasurer of state. After approval, the bond shall	48537
be filed with the secretary of state. If the bond is executed by a	48538
surety company, the premiums on it shall be paid from the funds	48539
appropriated for the expenses of the ~~rehabilitation services~~	48540
~~commission~~opportunities for Ohioans with disabilities agency.	48541

~~Sec. 3304.16.~~ Sec. 3304.14. ~~In carrying out~~For the purposes of	48542
sections 3304.11 to 3304.27 of the Revised Code, the	48543
~~rehabilitation services commission~~opportunities for Ohioans with	48544
disabilities commission shall approve the state vocational	48545
rehabilitation plan, jointly approve the state plan for	48546
independent living with the Ohio state independent living council,	48547
appoint a consumer advisory committee, and, to the extent	48548
feasible, conduct a review and analysis of the effectiveness of	48549
and consumer satisfaction with all of the following:	48550

(A) ~~Shall develop all necessary rules~~The functions performed	48551
by the opportunities for Ohioans with disabilities agency;	48552

(B) ~~Shall prepare and submit to the governor annual reports~~	48553
~~of activities and expenditures and, prior to each first regular~~	48554
~~session of the general assembly, an estimate of sums required to~~	48555
~~carry out the commission's responsibilities~~The vocational	48556
rehabilitation services provided by state agencies and other	48557
public and private entities responsible for providing vocational	48558
rehabilitation services to persons with disabilities under the	48559
"Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C. 701, as	48560
amended;	48561

(C) ~~Shall certify any disbursement of funds available to the~~	48562
~~commission for vocational rehabilitation activities;~~	48563

~~(D) Shall serve as the sole state agency designated to~~	48564
~~administer the plan under the "Rehabilitation Act of 1973," 87~~	48565
~~Stat. 355, 29 U.S.C. 701, as amended;~~	48566

~~(E) Shall take appropriate action to guarantee rights of and~~	48567
~~services to handicapped persons;~~	48568

~~(F) Shall consult with and advise other state agencies to~~	48569
~~assist them in meeting the needs of handicapped persons more~~	48570
~~effectively and to achieve maximum coordination among programs for~~	48571
~~the handicapped;~~	48572

~~(G) Shall establish an administrative division of consumer~~	48573
~~affairs and advocacy within the commission to promote and help~~	48574
~~guarantee the rights of handicapped persons;~~	48575

~~(H) Shall maintain an inventory of state services that are~~	48576
~~available to handicapped persons;~~	48577

~~(I) Shall utilize, support, assist, and cooperate with the~~	48578
~~governor's committee on employment of the handicapped;~~	48579

~~(J) May delegate to any officer or employee of the commission~~	48580
~~any necessary powers and duties, except that the commission shall~~	48581
~~delegate to the administrator of the commission, as provided in~~	48582
~~section 3304.14 of the Revised Code, the power and duty to~~	48583
~~administer the daily operation and provision of vocational~~	48584
~~rehabilitation services;~~	48585

~~(K) May take any other necessary or appropriate action for~~	48586
~~cooperation with public and private agencies and organizations~~	48587
~~which may include:~~	48588

~~(1) Reciprocal agreements with other states to provide for~~	48589
~~the vocational rehabilitation of individuals within the states~~	48590
~~concerned;~~	48591

~~(2) Contracts or other arrangements with public and other~~	48592
~~nonprofit agencies and organizations for the construction or~~	48593
~~establishment and operation of vocational rehabilitation programs~~	48594
~~and facilities;~~	48595

~~(3) Cooperative arrangements with the federal government for~~	48596
~~carrying out sections 3304.11 to 3304.27 of the Revised Code, the~~	48597
~~"Vocational Rehabilitation Act," 41 Stat. 735 (1920), 29 U.S.C.~~	48598
~~31, as amended, or other federal statutes pertaining to vocational~~	48599
~~rehabilitation, and to this end, may adopt plans and methods of~~	48600
~~administration found necessary by the federal government for the~~	48601
~~efficient operation of any joint arrangements or the efficient~~	48602
~~application of any federal statutes;~~	48603

~~(4) Upon the designation of the governor, performing~~	48604
~~functions and services for the federal government relating to~~	48605
~~individuals under a physical or mental disability.~~	48606

~~(L) May take any appropriate action necessary to obtain~~	48607
~~federal funds in the maximum amount and most advantageous~~	48608
~~proportion possible;~~	48609

~~(M) May conduct research and demonstration projects,~~	48610
~~including inquiries concerning the causes of blindness and its~~	48611
~~prevention, provide training and instruction, including the~~	48612
~~establishment and maintenance of research fellowships and~~	48613
~~traineeships along with all necessary stipends and allowances,~~	48614
~~disseminate information, and provide technical assistance relating~~	48615
~~to vocational rehabilitation;~~	48616

~~(N) May plan, establish, and operate programs, facilities,~~	48617
~~and services relating to vocational rehabilitation;~~	48618

~~(O) May accept and hold, invest, reinvest, or otherwise use~~	48619
~~gifts made for the purpose of furthering vocational~~	48620
~~rehabilitation;~~	48621

~~(P) May ameliorate the condition of the aged blind or other~~	48622
~~severely disabled individuals by establishing a program of home~~	48623
~~visitation by commission employees for the purpose of instruction;~~	48624

~~(Q) May establish and manage small business enterprises that~~	48625
~~are operated by persons with a substantial handicap to employment,~~	48626
~~including blind persons;~~	48627

~~(R) May purchase from insurance companies licensed to do~~	48628
~~business in this state any insurance deemed necessary by the~~	48629
~~commission for the efficient operation of a suitable vending~~	48630
~~facility as defined in division (A) of section 3304.28 of the~~	48631
~~Revised Code;~~	48632

~~(S) May accept directly from any state agency, and any state~~	48633
~~agency may transfer directly to the commission, surplus computers~~	48634
~~and computer equipment to be used for any purposes the commission~~	48635
~~considers appropriate, notwithstanding sections 125.12 to 125.14~~	48636
~~of the Revised Code~~The employment outcomes achieved by eligible	48637
individuals receiving services under sections 3304.11 to 3304.27	48638
of the Revised Code, including the availability of health and	48639
other employment benefits in connection with those employment	48640
outcomes.	48641

~~Sec. 3304.14.~~ Sec. 3304.15. (A) There is hereby created the	48642
opportunities for Ohioans with disabilities agency. The agency is	48643
the designated state unit authorized under the "Rehabilitation Act	48644
of 1973," 87 Stat. 355, 29 U.S.C. 701, as amended, to provide	48645
vocational rehabilitation to eligible persons with disabilities.	48646

(B) The governor shall appoint an ~~administrator~~executive	48647
director of the ~~rehabilitation services commission~~opportunities	48648
for Ohioans with disabilities agency to serve at the pleasure of	48649
the governor and shall fix the ~~administrator's~~executive	48650
director's compensation. The ~~administrator~~executive director	48651
shall devote the ~~administrator's~~executive director's entire time	48652
to the duties of the ~~administrator's~~executive director's office,	48653
shall hold no other office or position of trust and profit, and	48654
shall engage in no other business during the ~~administrator's~~	48655
executive director's term of office. The governor may grant the	48656
~~administrator~~executive director the authority to appoint, remove,	48657
and discipline without regard to sex, race, creed, color, age, or	48658
national origin, such other professional, administrative, and	48659
clerical staff members as are necessary to carry out the functions	48660
and duties of the ~~commission~~agency.	48661

~~(B)(1)~~The executive director of the opportunities for	48662
Ohioans with disabilities agency is the executive and	48663
administrative officer of the agency. Whenever the Revised Code	48664
imposes a duty on or requires an action of the agency, the	48665
executive director shall perform the duty or action on behalf of	48666
the agency. The executive director may establish procedures for	48667
all of the following:	48668

(1) The governance of the agency;

48669

(2) The conduct of agency employees and officers;

48670

(3) The performance of agency business;

48671

(4) The custody, use, and preservation of agency records,	48672
papers, books, documents, and property.	48673

(C) The ~~administrator~~executive director shall have exclusive	48674
authority to administer the daily operation and provision of	48675
vocational rehabilitation services under this chapter. In	48676
exercising that authority, the executive director may do all of	48677
the following:	48678

(1) Adopt rules in accordance with Chapter 119. of the	48679
Revised Code;	48680

(2) Prepare and submit an annual report to the governor;

48681

(3) Certify any disbursement of funds available to the agency	48682
for vocational rehabilitation activities;	48683

(4) Take appropriate action to guarantee rights of services	48684
to people with disabilities;	48685

(5) Consult with and advise other state agencies and	48686
coordinate programs for persons with disabilities;	48687

(6) Comply with the requirements for match as part of budget	48688
submission;	48689

(7) Establish research and demonstration projects;

48690

(8) Accept, hold, invest, reinvest, or otherwise use gifts to	48691
further vocational rehabilitation;	48692

(9) For the purposes of the business enterprise program	48693
administered under sections 3304.28 to 3304.35 of the Revised	48694
Code:	48695

(a) Establish and manage small business entities owned or	48696
operated by visually impaired persons;	48697

(b) Purchase insurance;

48698

48699

(10) Enter into contracts and other agreements for the	48700
provision of services.	48701

~~(2)~~(D) The ~~administrator~~executive director shall establish a	48702
fee schedule for vocational rehabilitation services in accordance	48703
with 34 C.F.R. 361.50.	48704

~~Sec. 3304.15.~~ Sec. 3304.16. The ~~rehabilitation services commission~~	48705
executive director of the opportunities for Ohioans with	48706
disabilities agency shall establish administrative subdivisions	48707
~~under its control~~ as ~~it determines~~ necessary or appropriate to	48708
carry out ~~its~~the agency's functions and duties, but there shall	48709
be a bureau of services for the visually impaired and a bureau of	48710
vocational rehabilitation, each of which has as its head a deputy	48711
director appointed by the ~~administrator, subject to~~ ~~commission~~	48712
approvalexecutive director. The ~~commission~~executive director	48713
shall prescribe the budgets for the government of each division,	48714
and rules for the conduct of its employees, the performance of its	48715
business, and the custody, use, and preservation of the records,	48716
papers, books, documents, and property pertaining thereto.	48717

Sec. 3304.17. The ~~rehabilitation services commission~~	48718
opportunities for Ohioans with disabilities agency shall provide	48719
vocational rehabilitation services to all eligible ~~handicapped~~	48720
persons with disabilities, including any ~~handicapped~~ person with a	48721
disability who is eligible under the terms of an agreement or	48722
arrangement with another state or with the federal government.	48723

Sec. 3304.18. The treasurer of state shall be the custodian	48724
of all moneys received from the federal government for vocational	48725
rehabilitation programs and shall disburse the money upon the	48726
certification of the ~~rehabilitation services commission~~executive	48727
director of the opportunities for Ohioans with disabilities	48728
agency. If federal funds are not available to the state for	48729
vocational rehabilitation purposes, the governor shall include as	48730
part of ~~his~~the governor's biennial budget request to the general	48731
assembly a request for funds sufficient to support the activities	48732
of the ~~commission~~agency.	48733

Sec. 3304.181. If the total of all funds available from	48734
nonfederal sources to support the activities of the ~~rehabilitation~~	48735
~~services commission~~opportunities for Ohioans with disabilities	48736
agency does not comply with the expenditure requirements of 34	48737
C.F.R. 361.60 and 361.62 for those activities or would cause the	48738
state to lose an allotment or fail to receive a reallotment under	48739
34 C.F.R. 361.65, the ~~commission~~agency may solicit additional	48740
funds from, and enter into agreements for the use of those funds	48741
with, private or public entities, including local government	48742
entities of this state. The ~~commission~~agency may continue to	48743
solicit additional funds and enter into agreements until the total	48744
funding available is sufficient for the ~~commission~~agency to	48745
receive federal funds at the maximum amount and in the most	48746
advantageous proportion possible.	48747

Any agreement entered into between the ~~commission~~agency and	48748
a private or public entity to provide funds under this section	48749
shall be in accordance with 34 C.F.R. 361.28 and section 3304.182	48750
of the Revised Code.	48751

Sec. 3304.182. Any agreement between the ~~rehabilitation~~	48752
~~services commission~~opportunities for Ohioans with disabilities	48753
agency and a private or public entity providing funds under	48754
section 3304.181 of the Revised Code may permit the ~~commission~~	48755
agency to receive a specified percentage of the funds, but the	48756
percentage shall be not more than twenty-five per cent of the	48757
total funds available under the agreement. The ~~commission~~agency	48758
may terminate an agreement at any time for just cause. It may	48759
terminate an agreement for any other reason by giving at least	48760
thirty days' notice to the public or private entity.	48761

Any services provided under an agreement entered into under	48762
section 3304.181 of the Revised Code shall be provided by a person	48763
or government entity that meets the accreditation standards	48764
established in rules adopted by the ~~commission~~agency under	48765
section ~~3304.16~~3304.15 of the Revised Code.	48766

Sec. 3304.19. The right of a ~~handicapped~~ person with a	48767
disability to living maintenance under sections 3304.11 to	48768
3304.27~~, inclusive,~~ of the Revised Code, is not transferable or	48769
assignable at law or in equity, and none of the money paid or	48770
payable or rights existing under this ~~act~~chapter are subject to	48771
execution, levy, attachment, garnishment, or other legal process,	48772
or to the operation of any bankruptcy or insolvency law.	48773

Sec. 3304.20. Any person applying for or receiving	48774
vocational rehabilitation services who is dissatisfied with regard	48775
to the furnishing or denial of services, may file a request for an	48776
administrative review and redetermination of that action in	48777
accordance with rules of the ~~rehabilitation services commission~~	48778
opportunities for Ohioans with disabilities agency. When the	48779
person is dissatisfied with the finding of this administrative	48780
review, hethe person is entitled, in accordance with ~~commission~~	48781
agency rules and in accordance with Chapter 119. of the Revised	48782
Code, to a fair hearing before the ~~administrator~~executive	48783
director of the ~~rehabilitation services commission~~agency.	48784

Sec. 3304.21. No person shall, except for the purposes of	48785
sections 3304.11 to 3304.27~~, inclusive,~~ of the Revised Code, and	48786
in accordance with the rules established by the ~~rehabilitation~~	48787
~~services commission~~opportunities for Ohioans with disabilities	48788
agency, solicit, disclose, receive, make use of, authorize,	48789
knowingly permit, participate in, or acquiesce in the use of any	48790
list of names or information concerning persons applying for or	48791
receiving any services from the ~~commission~~agency, which	48792
information is directly or indirectly derived from the records of	48793
the agency or is acquired in the performance of the person's	48794
official duties.	48795

Sec. 3304.22. No officer or employee of the ~~rehabilitation~~	48796
~~services~~opportunities for Ohioans with disabilities commission,	48797
the opportunities for Ohioans with disabilities agency, or any	48798
person engaged in the administration of a vocational	48799
rehabilitation program sponsored by or affiliated with the state	48800
shall use or permit the use of any vocational rehabilitation	48801
program for the purpose of interfering with an election for any	48802
partisan political purpose; solicit or receive money for a	48803
partisan political purpose; or require any other person to	48804
contribute any service or money for a partisan political purpose.	48805
Whoever violates this section shall be removed from ~~his~~the	48806
officer's or employee's office or employment.	48807

Sec. 3304.25. The members of the ~~bureau~~consumer advisory	48808
~~committees~~committee appointed under section 3304.14 of the	48809
Revised Code shall receive no compensation for their services	48810
except their actual and necessary traveling and other expenses	48811
incurred in the performance of their official duties, which shall	48812
first be approved by the ~~administrator~~executive director of the	48813
~~rehabilitation services commission~~opportunities for Ohioans with	48814
disabilities agency.	48815

Sec. 3304.27. All vocational rehabilitation services made	48816
available under sections 3304.11 to 3304.27~~, inclusive,~~ of the	48817
Revised Code, are made available subject to amendment or repeal of	48818
those sections ~~3304.11 to 3304.27, inclusive, of the Revised Code~~,	48819
and no ~~disabled~~ person with a disability shall have any claim by	48820
reason of ~~his~~the person's vocational rehabilitation being	48821
affected in any way by such an amendment or repeal.	48822

Sec. 3304.28. As used in sections 3304.28 to 3304.34 of the	48823
Revised Code:	48824

(A) "Suitable vending facility" means automatic vending	48825
machines, cafeterias, snack bars, cart service shelters, counters,	48826
and other appropriate auxiliary food service equipment determined	48827
to be necessary by the bureau of services for the visually	48828
impaired for the automatic or manual dispensing of foods,	48829
beverages, and other such commodities for sale by persons, no	48830
fewer than one-half of whom are blind, under the supervision of a	48831
licensed blind vendor or an employee of the ~~commission~~	48832
opportunities for Ohioans with disabilities agency.	48833

(B) "Blind" means either of the following:

48834

(1) Vision twenty/two hundred or less in the better eye with	48835
proper correction;	48836

(2) Field defect in the better eye with proper correction	48837
~~which~~that contracts the peripheral field so that the diameter of	48838
the visual field subtends an angle no greater than twenty degrees.	48839

(C) "Governmental property" means any real property,	48840
building, or facility owned, leased, or rented by the state or any	48841
board, commission, department, division, or other unit or agency	48842
thereof, but does not include any institution under the management	48843
of the department of rehabilitation and correction pursuant to	48844
section 5120.05 of the Revised Code, or under the management of	48845
the department of youth services created pursuant to section	48846
5139.01 of the Revised Code.	48847

Sec. 3304.41. The ~~rehabilitation services commission~~	48848
opportunities for Ohioans with disabilities agency shall establish	48849
and administer a program for the use of funds appropriated for	48850
that purpose to provide personal care assistance to enable	48851
eligible severely physically disabled persons to live	48852
independently or work, shall adopt rules in accordance with	48853
Chapter 119. of the Revised Code as necessary to carry out the	48854
purposes of this section, and shall apply to the controlling board	48855
for the release of the funds.	48856

Sec. 3305.03. (A) The Ohio board of regents shall designate	48857
the entities that are eligible to provide investment options under	48858
alternative retirement plans maintained by public institutions of	48859
higher education. The board shall accept and review applications	48860
from entities seeking designation as a vendor. The board shall not	48861
designate an entity as a vendor unless the entity meets the	48862
requirements described in division (B) of this section.	48863

(B) To be eligible for designation as a vendor, an entity	48864
must meet both of the following requirements:	48865

(1) The entity must be authorized to conduct business in this	48866
state with regard to the investment options to be offered under an	48867
alternative retirement plan maintained by a public institution of	48868
higher education.	48869

(2) The entity must ~~offer~~meet one of the following	48870
requirements:	48871

(a) Have provided investment options for not less than ten	48872
years under alternative retirement plans maintained by public	48873
institutions of higher education in this state;	48874

(b) Offer the same or similar investment options under	48875
alternative retirement plans, optional retirement plans, or	48876
similar types of plans with respect to which all of the following	48877
apply:	48878

~~(a)~~(i) The plans are defined contribution plans that are	48879
qualified plans under Internal Revenue Code 401(a) or 403(b).	48880

~~(b)~~(ii) The plans are maintained by institutions of higher	48881
education in at least ten other states.	48882

~~(c)~~(iii) The plans are established as primary retirement	48883
plans that are alternatives to or a component of the applicable	48884
state retirement system.	48885

(C) In determining whether to designate an entity as a	48886
vendor, the board of regents shall identify, consider, and	48887
evaluate all of the following:	48888

(1) The experience of the entity in providing in this state	48889
or other states investment options under alternative retirement	48890
plans, optional retirement plans, or similar types of plans that	48891
meet the requirements of division (B)(2)(a) or (b) of this	48892
section, as applicable;	48893

(2) The potential effectiveness of the entity in recruiting	48894
eligible employees to select that entity for purposes of	48895
participating in an alternative retirement plan and in retaining	48896
those employees' accounts;	48897

(3) Whether the entity intends to offer a broad range of	48898
investment options to the electing employees;	48899

(4) The suitability of the investment options to the needs	48900
and interests of the electing employees and their beneficiaries;	48901

(5) The capability of the entity to offer sufficient	48902
information to the electing employees and their beneficiaries to	48903
make informed decisions with regard to investment options offered	48904
by the entity;	48905

(6) The capability of the entity to perform in a manner that	48906
is in the best interests of the electing employees and their	48907
beneficiaries;	48908

(7) The fees and expenses associated with the entity's	48909
investment options and the manner in which the entity intends to	48910
disclose those fees and expenses;	48911

(8) The rights and benefits to be provided under the	48912
investment options;	48913

(9) The capability of the entity to provide the rights and	48914
benefits under the investment options;	48915

(10) Comments submitted by a public institution of higher	48916
education under section 3305.031 of the Revised Code;	48917

(11) Any other matters the board of regents considers	48918
relevant.	48919

(D) The board of regents shall conduct periodic reviews of	48920
each entity designated as a vendor and the investment options	48921
being offered to ensure that the requirements and purposes of this	48922
chapter are being met. The reviews of a vendor shall occur not	48923
less frequently than once every three years.	48924

If it finds that the vendor is not in compliance with the	48925
requirements of this chapter or the vendor is not satisfactorily	48926
meeting the purposes of this chapter, the board shall rescind the	48927
vendor's designation.	48928

(E) Notwithstanding sections 125.01 to 125.11 of the Revised	48929
Code, designation of a vendor or the execution of any agreement	48930
under this chapter is not subject to competitive bidding under	48931
those sections.	48932

Sec. 3307.51. (A) The state teachers retirement board shall	48933
have prepared annually by or under the supervision of an actuary	48934
an actuarial valuation of the pension assets, liabilities, and	48935
funding requirements of the STRS defined benefit plan. The actuary	48936
shall complete the valuation in accordance with actuarial	48937
standards of practice promulgated by the actuarial standards board	48938
of the American academy of actuaries and prepare a report of the	48939
valuation. The report shall include all of the following:	48940

(1) A summary of the benefit provisions evaluated;

48941

(2) A summary of the census data and financial information	48942
used in the valuation;	48943

(3) A description of the actuarial assumptions, actuarial	48944
cost method, and asset valuation method used in the valuation,	48945
including a statement of the assumed rate of payroll growth and	48946
assumed rate of growth or decline in the number of members	48947
contributing to the retirement system;	48948

(4) A summary of findings that includes a statement of the	48949
actuarial accrued pension liabilities and unfunded actuarial	48950
accrued pension liabilities;	48951

(5) A schedule showing the effect of any changes in the	48952
benefit provisions, actuarial assumptions, or cost methods since	48953
the last annual actuarial valuation;	48954

(6) A statement of whether contributions to the retirement	48955
system are expected to be sufficient to satisfy the funding	48956
objectives established by the board.	48957

The board shall submit the report to the Ohio retirement	48958
study council, the director of budget and management, and the	48959
standing committees of the house of representatives and the senate	48960
with primary responsibility for retirement legislation immediately	48961
upon its availability and not later than the first day of January	48962
following the year for which the valuation was made.	48963

(B) At such times as the state teachers retirement board	48964
determines, and at least once in each quinquennial period, the	48965
board shall have prepared by or under the supervision of an	48966
actuary an actuarial investigation of the mortality, service, and	48967
other experience of the members, retirants, and beneficiaries of	48968
the system, and other system retirants as defined in section	48969
3307.35 of the Revised Code to update the actuarial assumptions	48970
used in the actuarial valuation required by division (A) of this	48971
section. The actuary shall prepare a report of the actuarial	48972
investigation. The report shall be prepared and any recommended	48973
changes in actuarial assumptions shall be made in accordance with	48974
the actuarial standards of practice promulgated by the actuarial	48975
standards board of the American academy of actuaries. The report	48976
shall include all of the following:	48977

(1) A summary of relevant decrement and economic assumption	48978
experience observed over the period of the investigation;	48979

(2) Recommended changes in actuarial assumptions to be used	48980
in subsequent actuarial valuations required by division (A) of	48981
this section;	48982

(3) A measurement of the financial effect of the recommended	48983
changes in actuarial assumptions.	48984

The board shall submit the report to the Ohio retirement	48985
study council and the standing committees of the house of	48986
representatives and the senate with primary responsibility for	48987
retirement legislation not later than the first day of May	48988
following the last fiscal year of the period the report covers.	48989

(C) The board may at any time request the actuary to make any	48990
other studies or actuarial valuations to determine the adequacy of	48991
the normal and deficiency rates of contribution provided by	48992
section 3307.28 of the Revised Code, and those rates may be	48993
adjusted by the board, as recommended by the actuary, effective as	48994
of the first of any year thereafter.	48995

(D) The board shall have prepared by or under the supervision	48996
of an actuary an actuarial analysis of any introduced legislation	48997
expected to have a measurable financial impact on the retirement	48998
system. The actuarial analysis shall be completed in accordance	48999
with the actuarial standards of practice promulgated by the	49000
actuarial standards board of the American academy of actuaries.	49001
The actuary shall prepare a report of the actuarial analysis,	49002
which shall include all of the following:	49003

(1) A summary of the statutory changes that are being	49004
evaluated;	49005

(2) A description of or reference to the actuarial	49006
assumptions and actuarial cost method used in the report;	49007

(3) A description of the participant group or groups included	49008
in the report;	49009

(4) A statement of the financial impact of the legislation,	49010
including the resulting increase, if any, in the employer normal	49011
cost percentage; the increase, if any, in actuarial accrued	49012
liabilities; and the per cent of payroll that would be required to	49013
amortize the increase in actuarial accrued liabilities as a level	49014
per cent of covered payroll for all active members over a period	49015
not to exceed thirty years;	49016

(5) A statement of whether the scheduled contributions to the	49017
system after the proposed change is enacted are expected to be	49018
sufficient to satisfy the funding objectives established by the	49019
board.	49020

Not later than sixty days from the date of introduction of	49021
the legislation, the board shall submit a copy of the actuarial	49022
analysis to the legislative service commission, the standing	49023
committees of the house of representatives and the senate with	49024
primary responsibility for retirement legislation, and the Ohio	49025
retirement study council.	49026

(E) The board shall have prepared annually a report giving a	49027
full accounting of the revenues and costs relating to the	49028
provision of benefits under section 3307.39 of the Revised Code.	49029
The report shall be made as of June 30, 1997, and the thirtieth	49030
day of June of each year thereafter. The report shall include the	49031
following:	49032

(1) A description of the statutory authority for the benefits	49033
provided;	49034

(2) A summary of the benefits;

49035

(3) A summary of the eligibility requirements for the	49036
benefits;	49037

(4) A statement of the number of participants eligible for	49038
the benefits;	49039

(5) A description of the accounting, asset valuation, and	49040
funding method used to provide the benefits;	49041

(6) A statement of the net assets available for the	49042
provisions of benefits as of the last day of the fiscal year;	49043

(7) A statement of any changes in the net assets available	49044
for the provision of benefits, including participant and employer	49045
contributions, net investment income, administrative expenses, and	49046
benefits provided to participants, as of the last day of the	49047
fiscal year;	49048

(8) For the last six consecutive fiscal years, a schedule of	49049
the net assets available for the benefits, the annual cost of	49050
benefits, administrative expenses incurred, and annual employer	49051
contributions allocated for the provision of benefits;	49052

(9) A description of any significant changes that affect the	49053
comparability of the report required under this division;	49054

(10) A statement of the amount paid under division (B) of	49055
section 3307.39 of the Revised Code.	49056

The board shall submit the report to the Ohio retirement	49057
study council, the director of budget and management, and the	49058
standing committees of the house of representatives and the senate	49059
with primary responsibility for retirement legislation immediately	49060
upon its availability and not later than the thirty-first day of	49061
December following the year for which the report was made.	49062

Sec. 3309.21. (A) The school employees retirement board	49063
shall have prepared annually by or under the supervision of an	49064
actuary an actuarial valuation of the pension assets, liabilities,	49065
and funding requirements of the school employees retirement system	49066
as established pursuant to this chapter. The actuary shall	49067
complete the valuation in accordance with actuarial standards of	49068
practice promulgated by the actuarial standards board of the	49069
American academy of actuaries and prepare a report of the	49070
valuation. The report shall include all of the following:	49071

(1) A summary of the benefit provisions evaluated;

49072

(2) A summary of the census data and financial information	49073
used in the valuation;	49074

(3) A description of the actuarial assumptions, actuarial	49075
cost method, and asset valuation method used in the valuation,	49076
including a statement of the assumed rate of payroll growth and	49077
assumed rate of growth or decline in the number of members	49078
contributing to the retirement system;	49079

(4) A summary of findings that includes a statement of the	49080
actuarial accrued pension liabilities and unfunded actuarial	49081
accrued pension liabilities;	49082

(5) A schedule showing the effect of any changes in the	49083
benefit provisions, actuarial assumptions, or cost methods since	49084
the last annual actuarial valuation;	49085

(6) A statement of whether contributions to the retirement	49086
system are expected to be sufficient to satisfy the funding	49087
objectives established by the board.	49088

The board shall submit the report to the Ohio retirement	49089
study council, the director of budget and management, and the	49090
standing committees of the house of representatives and the senate	49091
with primary responsibility for retirement legislation immediately	49092
upon its availability and not later than the first day of May	49093
following the year for which the valuation was made.	49094

(B) At such times as the school employees retirement board	49095
determines, and at least once in each quinquennial period, the	49096
board shall have prepared by or under the supervision of an	49097
actuary an actuarial investigation of the mortality, service, and	49098
other experience of the members, retirants, and beneficiaries of	49099
the retirement system, and SERS retirants and other system	49100
retirants as defined in section 3309.341 of the Revised Code to	49101
update the actuarial assumptions used in the actuarial valuation	49102
required by division (A) of this section. The actuary shall	49103
prepare a report of the actuarial investigation. The report shall	49104
be prepared and any recommended changes in actuarial assumptions	49105
shall be made in accordance with the actuarial standards of	49106
practice promulgated by the actuarial standards board of the	49107
American academy of actuaries. The report shall include all of the	49108
following:	49109

(1) A summary of relevant decrement and economic assumption	49110
experience observed over the period of the investigation;	49111

(2) Recommended changes in actuarial assumptions to be used	49112
in subsequent actuarial valuations required by division (A) of	49113
this section;	49114

(3) A measurement of the financial effect of the recommended	49115
changes in actuarial assumptions.	49116

The board shall submit the report to the Ohio retirement	49117
study council and the standing committees of the house of	49118
representatives and the senate with primary responsibility for	49119
retirement legislation not later than the first day of May	49120
following the last fiscal year of the period the report covers.	49121

(C) The board may at any time request the actuary to make any	49122
studies or actuarial valuations to determine the adequacy of the	49123
rates of contribution as provided by section 3309.49 of the	49124
Revised Code, and those rates may be adjusted by the board, as	49125
recommended by the actuary, effective as of the first of any year	49126
thereafter.	49127

(D) The board shall have prepared by or under the supervision	49128
of an actuary an actuarial analysis of any introduced legislation	49129
expected to have a measurable financial impact on the retirement	49130
system. The actuarial analysis shall be completed in accordance	49131
with the actuarial standards of practice promulgated by the	49132
actuarial standards board of the American academy of actuaries.	49133
The actuary shall prepare a report of the actuarial analysis,	49134
which shall include all of the following:	49135

(1) A summary of the statutory changes that are being	49136
evaluated;	49137

(2) A description of or reference to the actuarial	49138
assumptions and actuarial cost method used in the report;	49139

(3) A description of the participant group or groups included	49140
in the report;	49141

(4) A statement of the financial impact of the legislation,	49142
including the resulting increase, if any, in the employer normal	49143
cost percentage; the increase, if any, in actuarial accrued	49144
liabilities; and the per cent of payroll that would be required to	49145
amortize the increase in actuarial accrued liabilities as a level	49146
per cent of covered payroll for all active members over a period	49147
not to exceed thirty years;	49148

(5) A statement of whether the scheduled contributions to the	49149
system after the proposed change is enacted are expected to be	49150
sufficient to satisfy the funding objectives established by the	49151
board.	49152

Not later than sixty days from the date of introduction of	49153
the legislation, the board shall submit a copy of the actuarial	49154
analysis to the legislative service commission, the standing	49155
committees of the house of representatives and the senate with	49156
primary responsibility for retirement legislation, and the Ohio	49157
retirement study council.	49158

(E) The board shall have prepared annually a report giving a	49159
full accounting of the revenues and costs relating to the	49160
provision of benefits under sections 3309.375 and 3309.69 of the	49161
Revised Code. The report shall be made as of June 30, 1997, and	49162
the thirtieth day of June of each year thereafter. The report	49163
shall include the following:	49164

(1) A description of the statutory authority for the benefits	49165
provided;	49166

(2) A summary of the benefits;

49167

(3) A summary of the eligibility requirements for the	49168
benefits;	49169

(4) A statement of the number of participants eligible for	49170
the benefits;	49171

(5) A description of the accounting, asset valuation, and	49172
funding method used to provide the benefits;	49173

(6) A statement of the net assets available for the provision	49174
of the benefits as of the last day of the fiscal year;	49175

(7) A statement of any changes in the net assets available	49176
for the provision of benefits, including participant and employer	49177
contributions, net investment income, administrative expenses, and	49178
benefits provided to participants, as of the last day of the	49179
fiscal year;	49180

(8) For the last six consecutive fiscal years, a schedule of	49181
the net assets available for the benefits, the annual cost of	49182
benefits, administrative expenses incurred, and annual employer	49183
contributions allocated for the provision of benefits;	49184

(9) A description of any significant changes that affect the	49185
comparability of the report required under this division;	49186

(10) A statement of the amount paid under division (E) of	49187
section 3309.69 of the Revised Code.	49188

The board shall submit the report to the Ohio retirement	49189
study council, the director of budget and management, and the	49190
standing committees of the house of representatives and the senate	49191
with primary responsibility for retirement legislation immediately	49192
upon its availability and not later than the thirty-first day of	49193
December following the year for which the report was made.	49194

Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the	49195
Revised Code:	49196

(A) "Chartered nonpublic school" means a nonpublic school	49197
that holds a valid charter issued by the state board of education	49198
under section 3301.16 of the Revised Code and meets the standards	49199
established for such schools in rules adopted by the state board.	49200

(B) An "eligible student" is a student who satisfies the	49201
conditions specified in section 3310.03 or 3310.032 of the Revised	49202
Code.	49203

(C) "Parent" has the same meaning as in section 3313.98 of	49204
the Revised Code.	49205

(D) "Resident district" means the school district in which a	49206
student is entitled to attend school under section 3313.64 or	49207
3313.65 of the Revised Code.	49208

(E) "School year" has the same meaning as in section 3313.62	49209
of the Revised Code.	49210

Sec. 3310.02. (A) The educational choice scholarship pilot	49211
program is hereby established. Under the program, the department	49212
of education annually shall pay scholarships to attend chartered	49213
nonpublic schools in accordance with section 3310.08 of the	49214
Revised Code for up to the following number of eligible students:	49215

(1) Thirty thousand in the 2011-2012 school year;

49216

(2) Sixty thousand in the 2012-2013 school year and	49217
thereafter.	49218

(B) If the number of students who apply for a scholarship	49219
exceeds the number of scholarships available under division (A) of	49220
this section for the applicable school year, the department shall	49221
award scholarships in the following order of priority:	49222

(1) First, to eligible students who received scholarships in	49223
the prior school year;	49224

(2) Second, to eligible students with family incomes at or	49225
below two hundred per cent of the federal poverty guidelines, as	49226
defined in section 5101.46 of the Revised Code, who qualify under	49227
division (A) of section 3310.03 of the Revised Code. If the number	49228
of students described in division (B)(2) of this section who apply	49229
for a scholarship exceeds the number of available scholarships	49230
after awards are made under division (B)(1) of this section, the	49231
department shall select students described in division (B)(2) of	49232
this section by lot to receive any remaining scholarships.	49233

(3) Third, to other eligible students who qualify under	49234
division (A) of section 3310.03 of the Revised Code. If the number	49235
of students described in division (B)(3) of this section who apply	49236
for a scholarship exceeds the number of available scholarships	49237
after awards are made under divisions (B)(1) and (2) of this	49238
section, the department shall select students described in	49239
division (B)(3) of this section by lot to receive any remaining	49240
scholarships.	49241

(4) Fourth, to eligible students with family incomes at or	49242
below two hundred per cent of the federal poverty guidelines who	49243
qualify under division ~~(B)~~(D) of section 3310.03 of the Revised	49244
Code. If the number of students described in division (B)(4) of	49245
this section who apply for a scholarship exceeds the number of	49246
available scholarships after awards are made under divisions	49247
(B)(1) to (3) of this section, the department shall select	49248
students described in division (B)(4) of this section by lot to	49249
receive any remaining scholarships.	49250

(5) Fifth, to other eligible students who qualify under	49251
division ~~(B)~~(D) of section 3310.03 of the Revised Code. If the	49252
number of students described in division (B)(5) of this section	49253
who apply for a scholarship exceeds the number of available	49254
scholarships after awards are made under divisions (B)(1) to (4)	49255
of this section, the department shall select students described in	49256
division (B)(5) of this section by lot to receive any remaining	49257
scholarships.	49258

(6) Sixth, to eligible students with family incomes at or	49259
below two hundred per cent of the federal poverty guidelines who	49260
qualify under division (B) of section 3310.03 of the Revised Code.	49261
If the number of students described in division (B)(6) of this	49262
section who apply for a scholarship exceeds the number of	49263
available scholarships after awards are made under divisions	49264
(B)(1) to (5) of this section, the department shall select	49265
students described in division (B)(6) of this section by lot to	49266
receive any remaining scholarships.	49267

(7) Seventh, to other eligible students who qualify under	49268
division (B) of section 3310.03 of the Revised Code. If the number	49269
of students described in division (B)(7) of this section who apply	49270
for a scholarship exceeds the number of available scholarships	49271
after awards are made under divisions (B)(1) to (6) of this	49272
section, the department shall select students described in	49273
division (B)(7) of this section by lot to receive any remaining	49274
scholarships.	49275

Sec. 3310.03. A student is an "eligible student" for	49276
purposes of the educational choice scholarship pilot program if	49277
the student's resident district is not a school district in which	49278
the pilot project scholarship program is operating under sections	49279
3313.974 to 3313.979 of the Revised Code and the student satisfies	49280
one of the conditions in division (A), (B), or (C), or (D) of this	49281
section:	49282

(A)(1) The student is enrolled in a school building operated	49283
by the student's resident district that, on the report card issued	49284
under section 3302.03 of the Revised Code published prior to the	49285
first day of July of the school year for which a scholarship is	49286
sought, did not receive a rating as described in division ~~(G)~~(H)	49287
of this section, and to which any or a combination of any of the	49288
following apply for two of the three most recent report cards	49289
published prior to the first day of July of the school year for	49290
which a scholarship is sought:	49291

(a) The building was declared to be in a state of academic	49292
emergency or academic watch under section 3302.03 of the Revised	49293
Code as that section existed prior to ~~the effective date of this~~	49294
~~amendment~~March 22, 2013.	49295

(b) The building received a grade of "D" or "F" for the	49296
performance index score under division (A)(1)(b) or (B)(1)(b) of	49297
section 3302.03 of the Revised Code and for the value-added	49298
progress dimension under division (A)(1)(e) or (B)(1)(e) of	49299
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	49300
school year, or both; or if the building serves only grades ten	49301
through twelve, the building received a grade of "D" or "F" for	49302
the performance index score under division (A)(1)(b) or (B)(1)(b)	49303
of section 3302.03 of the Revised Code and had a four-year	49304
adjusted cohort graduation rate of less than seventy-five per	49305
cent.	49306

(c) The building received an overall grade of "D" or "F"	49307
under division (C)(3) of section 3302.03 of the Revised Code or a	49308
grade of "F" for the value-added progress dimension under division	49309
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	49310
school year or any school year thereafter.	49311

(2) The student ~~is eligible to enroll in kindergarten~~will be	49312
enrolling in any of grades kindergarten through twelve in this	49313
state for the first time in the school year for which a	49314
scholarship is sought, will be at least five years of age by the	49315
first day of January of the school year for which a scholarship is	49316
sought, and otherwise would be assigned under section 3319.01 of	49317
the Revised Code in the school year for which a scholarship is	49318
sought, to a school building described in division (A)(1) of this	49319
section.	49320

(3) The student is enrolled in a community school established	49321
under Chapter 3314. of the Revised Code but otherwise would be	49322
assigned under section 3319.01 of the Revised Code to a building	49323
described in division (A)(1) of this section.	49324

(4) The student is enrolled in a school building operated by	49325
the student's resident district or in a community school	49326
established under Chapter 3314. of the Revised Code and otherwise	49327
would be assigned under section 3319.01 of the Revised Code to a	49328
school building described in division (A)(1) of this section in	49329
the school year for which the scholarship is sought.	49330

(5) The student ~~is eligible to enroll in kindergarten in~~will	49331
be both enrolling in any of grades kindergarten through twelve in	49332
this state for the first time and at least five years of age by	49333
the first day of January of the school year for which a	49334
scholarship is sought, or is enrolled in a community school	49335
established under Chapter 3314. of the Revised Code, and all of	49336
the following apply to the student's resident district:	49337

(a) The district has in force an intradistrict open	49338
enrollment policy under which no student in ~~kindergarten or~~ the	49339
~~community school~~ student's grade level~~, respectively,~~ is	49340
automatically assigned to a particular school building;	49341

(b) In the most recent rating published prior to the first	49342
day of July of the school year for which scholarship is sought,	49343
the district did not receive a rating described in division ~~(G)~~(H)	49344
of this section, and in at least two of the three most recent	49345
report cards published prior to the first day of July of that	49346
school year, any or a combination of the following apply to the	49347
district:	49348

(i) The district was declared to be in a state of academic	49349
emergency under section 3302.03 of the Revised Code as it existed	49350
prior to ~~the effective date of this amendment~~March 22, 2013.	49351

(ii) The district received a grade of "D" or "F" for the	49352
performance index score under division (A)(1)(b) or (B)(1)(b) of	49353
section 3302.03 of the Revised Code and for the value-added	49354
progress dimension under division (A)(1)(e) or (B)(1)(e) of	49355
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	49356
school year, or both.	49357

(c) The district received an overall grade of "D" or "F"	49358
under division (C)(3) of section 3302.03 of the Revised Code or a	49359
grade of "F" for the value-added progress dimension under division	49360
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	49361
school year or any school year thereafter.	49362

(B)(1) The student is enrolled in a school building operated	49363
by the student's resident district and to which both of the	49364
following apply:	49365

(a) The building was ranked, for at least two of the three	49366
most recent rankings published under section 3302.21 of the	49367
Revised Code prior to the first day of July of the school year for	49368
which a scholarship is sought, in the lowest ten per cent of all	49369
public school buildings according to performance index score under	49370
section 3302.21 of the Revised Code.	49371

(b) The building was not declared to be excellent or	49372
effective, or the equivalent of such ratings as determined by the	49373
department of education, under section 3302.03 of the Revised Code	49374
in the most recent rating published prior to the first day of July	49375
of the school year for which a scholarship is sought.	49376

(2) The student ~~is eligible to enroll in kindergarten~~will be	49377
enrolling in any of grades kindergarten through twelve in this	49378
state for the first time in the school year for which a	49379
scholarship is sought, will be at least five years of age, as	49380
defined in section 3321.01 of the Revised Code, by the first day	49381
of January of the school year for which a scholarship is sought,	49382
and otherwise would be assigned under section 3319.01 of the	49383
Revised Code in the school year for which a scholarship is sought,	49384
to a school building described in division (B)(1) of this section.	49385

(3) The student is enrolled in a community school established	49386
under Chapter 3314. of the Revised Code but otherwise would be	49387
assigned under section 3319.01 of the Revised Code to a building	49388
described in division (B)(1) of this section.	49389

(4) The student is enrolled in a school building operated by	49390
the student's resident district or in a community school	49391
established under Chapter 3314. of the Revised Code and otherwise	49392
would be assigned under section 3319.01 of the Revised Code to a	49393
school building described in division (B)(1) of this section in	49394
the school year for which the scholarship is sought.	49395

(C) The student is enrolled in a nonpublic school at the time	49396
the school is granted a charter by the state board of education	49397
under section 3301.16 of the Revised Code and the student meets	49398
the standards of division (B) of section 3310.031 of the Revised	49399
Code.	49400

(D) For the 2016-2017 school year and each school year	49401
thereafter, the student is in any of grades kindergarten through	49402
three, is enrolled in a school building that is operated by the	49403
student's resident district or will be enrolling in any of grades	49404
kindergarten through twelve in this state for the first time in	49405
the school year for which a scholarship is sought, and to which	49406
both of the following apply:	49407

(1) The building, in at least two of the three most recent	49408
ratings of school buildings published prior to the first day of	49409
July of the school year for which a scholarship is sought,	49410
received a grade of "D" or "F" for making progress in improving	49411
literacy in grades kindergarten through three under division	49412
(B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;	49413

(2) The building did not receive a grade of "A" for making	49414
progress in improving literacy in grades kindergarten through	49415
three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of	49416
the Revised Code in the most recent rating published prior to the	49417
first day of July of the school year for which a scholarship is	49418
sought.	49419

(E) A student who receives a scholarship under the	49420
educational choice scholarship pilot program remains an eligible	49421
student and may continue to receive scholarships in subsequent	49422
school years until the student completes grade twelve, so long as	49423
all of the following apply:	49424

(1) The student's resident district remains the same, or the	49425
student transfers to a new resident district and otherwise would	49426
be assigned in the new resident district to a school building	49427
described in division (A)(1) or, (B)(1), or (D) of this section;	49428

(2) The student takes each assessment prescribed for the	49429
student's grade level under section 3301.0710 or 3301.0712 of the	49430
Revised Code while enrolled in a chartered nonpublic school;	49431

(3) In each school year that the student is enrolled in a	49432
chartered nonpublic school, the student is absent from school for	49433
not more than twenty days that the school is open for instruction,	49434
not including excused absences.	49435

~~(E)~~(F)(1) The department shall cease awarding first-time	49436
scholarships pursuant to divisions (A)(1) to (4) of this section	49437
with respect to a school building that, in the most recent ratings	49438
of school buildings published under section 3302.03 of the Revised	49439
Code prior to the first day of July of the school year, ceases to	49440
meet the criteria in division (A)(1) of this section. The	49441
department shall cease awarding first-time scholarships pursuant	49442
to division (A)(5) of this section with respect to a school	49443
district that, in the most recent ratings of school districts	49444
published under section 3302.03 of the Revised Code prior to the	49445
first day of July of the school year, ceases to meet the criteria	49446
in division (A)(5) of this section.	49447

(2) The department shall cease awarding first-time	49448
scholarships pursuant to divisions (B)(1) to (4) of this section	49449
with respect to a school building that, in the most recent ratings	49450
of school buildings under section 3302.03 of the Revised Code	49451
prior to the first day of July of the school year, ceases to meet	49452
the criteria in division (B)(1) of this section.	49453

(3) The department shall cease awarding first-time	49454
scholarships pursuant to division (D) of this section with respect	49455
to a school building that, in the most recent ratings of school	49456
buildings under section 3302.03 of the Revised Code prior to the	49457
first day of July of the school year, ceases to meet the criteria	49458
in division (D) of this section.	49459

(4) However, students who have received scholarships in the	49460
prior school year remain eligible students pursuant to division	49461
~~(D)~~(E) of this section.	49462

~~(F)~~(G) The state board of education shall adopt rules	49463
defining excused absences for purposes of division ~~(D)~~(E)(3) of	49464
this section.	49465

~~(G)~~(H)(1) A student who satisfies only the conditions	49466
prescribed in divisions (A)(1) to (4) of this section shall not be	49467
eligible for a scholarship if the student's resident building	49468
meets any of the following in the most recent rating under section	49469
3302.03 of the Revised Code published prior to the first day of	49470
July of the school year for which a scholarship is sought:	49471

(a) The building has an overall designation of excellent or	49472
effective under section 3302.03 of the Revised Code as it existed	49473
prior to ~~the effective date of this amendment~~March 22, 2013.	49474

(b) For the 2012-2013 or 2013-2014 school year or both, the	49475
building has a grade of "A" or "B" for the performance index score	49476
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the	49477
Revised Code and for the value-added progress dimension under	49478
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	49479
Code; or if the building serves only grades ten through twelve,	49480
the building received a grade of "A" or "B" for the performance	49481
index score under division (A)(1)(b) or (B)(1)(b) of section	49482
3302.03 of the Revised Code and had a four-year adjusted cohort	49483
graduation rate of greater than or equal to seventy-five per cent.	49484

(c) For the 2014-2015 school year or any school year	49485
thereafter, the building has a grade of "A" or "B" under division	49486
(C)(3) of section 3302.03 of the Revised Code and a grade of "A"	49487
for the value-added progress dimension under division (C)(1)(e) of	49488
section 3302.03 of the Revised Code; or if the building serves	49489
only grades ten through twelve, the building received a grade of	49490
"A" or "B" for the performance index score under division	49491
(C)(1)(b) of section 3302.03 of the Revised Code and had a	49492
four-year adjusted cohort graduation rate of greater than or equal	49493
to seventy-five per cent.	49494

(2) A student who satisfies only the conditions prescribed in	49495
division (A)(5) of this section shall not be eligible for a	49496
scholarship if the student's resident district meets any of the	49497
following in the most recent rating under section 3302.03 of the	49498
Revised Code published prior to the first day of July of the	49499
school year for which a scholarship is sought:	49500

(a) The district has an overall designation of excellent or	49501
effective under section 3302.03 of the Revised Code as it existed	49502
prior to ~~the effective date of this amendment~~March 22, 2013.	49503

(b) The district has a grade of "A" or "B" for the	49504
performance index score under division (A)(1)(b) or (B)(1)(b) of	49505
section 3302.03 of the Revised Code and for the value-added	49506
progress dimension under division (A)(1)(e) or (B)(1)(e) of	49507
section 3302.03 of the Revised Code for the 2012-2013 and	49508
2013-2014 school years.	49509

(c) The district has an overall grade of "A" or "B" under	49510
division (C)(3) of section 3302.03 of the Revised Code and a grade	49511
of "A" for the value-added progress dimension under division	49512
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	49513
school year or any school year thereafter.	49514

Sec. 3310.032. (A) A student is an "eligible student" for	49515
purposes of the expansion of the educational choice scholarship	49516
pilot program under this section if the student's resident	49517
district is not a school district in which the pilot project	49518
scholarship program is operating under sections 3313.974 to	49519
3313.979 of the Revised Code, the student is not eligible for an	49520
educational choice scholarship under section 3310.03 of the	49521
Revised Code, and the student's family income is at or below two	49522
hundred per cent of the federal poverty guidelines, as defined in	49523
section 5101.46 of the Revised Code.	49524

(B) In each fiscal year for which the general assembly	49525
appropriates funds for purposes of this section, the department of	49526
education shall pay scholarships to attend chartered nonpublic	49527
schools in accordance with section 3310.08 of the Revised Code.	49528
The number of scholarships awarded under this section shall not	49529
exceed the number that can be funded with appropriations made by	49530
the general assembly for this purpose.	49531

(C) Scholarships under this section shall be awarded as	49532
follows:	49533

(1) For the 2013-2014 school year, to eligible students who	49534
are entering kindergarten in that school year for the first time;	49535

(2) For each subsequent school year, scholarships shall be	49536
awarded to eligible students in the next grade level above the	49537
highest grade level awarded in the preceding school year, in	49538
addition to the grade levels for which students received	49539
scholarships in the preceding school year.	49540

(D) If the number of eligible students who apply for a	49541
scholarship under this section exceeds the scholarships available	49542
based on the appropriation for this section, the department shall	49543
award scholarships in the following order of priority:	49544

(1) First, to eligible students who received scholarships	49545
under this section in the prior school year;	49546

(2) Second, to eligible students with family incomes at or	49547
below one hundred per cent of the federal poverty guidelines. If	49548
the number of students described in division (D)(2) of this	49549
section who apply for a scholarship exceeds the number of	49550
available scholarships after awards are made under division (D)(1)	49551
of this section, the department shall select students described in	49552
division (D)(2) of this section by lot to receive any remaining	49553
scholarships.	49554

(3) Third, to other eligible students who qualify under this	49555
section. If the number of students described in division (D)(3) of	49556
this section exceeds the number of available scholarships after	49557
awards are made under divisions (D)(1) and (2) of this section,	49558
the department shall select students described in division (D)(3)	49559
of this section by lot to receive any remaining scholarships.	49560

(E) Subject to divisions (E)(1) to (3) of this section, a	49561
student who receives a scholarship under this section remains an	49562
eligible student and may continue to receive scholarships under	49563
this section in subsequent school years until the student	49564
completes grade twelve, so long as the student satisfies the	49565
conditions specified in divisions (E)(2) and (3) of section	49566
3310.03 of the Revised Code.	49567

Once a scholarship is awarded under this section, the student	49568
shall remain eligible for that scholarship for the current school	49569
year and subsequent school years even if the student's family	49570
income rises above the amount specified in division (A) of this	49571
section, provided the student remains enrolled in a chartered	49572
nonpublic school, however:	49573

(1) If the student's family income is above two hundred per	49574
cent but at or below three hundred per cent of the federal poverty	49575
guidelines, the student shall receive a scholarship in the amount	49576
of seventy-five per cent of the full scholarship amount.	49577

(2) If the student's family income is above three hundred per	49578
cent but at or below four hundred per cent of the federal poverty	49579
guidelines, the student shall receive a scholarship in the amount	49580
of fifty per cent of the full scholarship amount.	49581

(3) If the student's family income is above four hundred per	49582
cent of the federal poverty guidelines, the student is no longer	49583
eligible to receive an educational choice scholarship.	49584

Sec. 3310.035. (A) A student who is eligible for an	49585
educational choice scholarship under both sections 3310.03 and	49586
3310.032 of the Revised Code, and applies for a scholarship for	49587
the first time after the effective date of this section shall	49588
receive a scholarship under section 3310.03 of the Revised Code.	49589

(B) A student who is eligible under both sections 3310.03 and	49590
3310.032 of the Revised Code and received a scholarship in the	49591
previous school year shall continue to receive the scholarship	49592
under the section from which the student received the scholarship	49593
in the previous school year, so long as:	49594

(1) The number of students who apply for a scholarship does	49595
not exceed the number of scholarships available under division (A)	49596
of section 3310.02 of the Revised Code.	49597

(2) A student who receives a scholarship under section	49598
3310.03 of the Revised Code satisfies with the conditions	49599
specified in divisions (E)(1) to (3) of that section, and a	49600
student who receives a scholarship under section 3310.032	49601
satisfies with the conditions specified in divisions (E)(2) and	49602
(3) of section 3310.03 of the Revised Code.	49603

Sec. 3310.05. A scholarship under the educational choice	49604
scholarship pilot program is not available for any student whose	49605
resident district is a school district in which the pilot project	49606
scholarship program is operating under sections 3313.974 to	49607
3313.979 of the Revised Code. The two pilot programs are separate	49608
and distinct, with differing eligibility criteria. The pilot	49609
project scholarship program operating under sections 3313.974 to	49610
3313.979 of the Revised Code is a district-wide program that may	49611
award scholarships to students who do not attend district schools	49612
that face academic challenges, whereas the educational choice	49613
scholarship pilot program established under sections 3310.01 to	49614
3310.17 of the Revised Code is limited to students of individual	49615
district school buildings that face academic challenges and to	49616
students from low-income families.	49617

Sec. 3310.06. It is the policy adopted by the general	49618
assembly that the educational choice scholarship pilot program	49619
shall be construed as one of several educational options available	49620
for students enrolled in persistently low-performing school	49621
buildings or for students from low-income families. Students may	49622
be enrolled in the schools of the student's resident district, in	49623
a community school established under Chapter 3314. of the Revised	49624
Code, in the schools of another school district pursuant to an	49625
open enrollment policy adopted under section 3313.98 of the	49626
Revised Code, in a chartered nonpublic school with or without a	49627
scholarship under the educational choice scholarship pilot	49628
program, or in other schools as the law may provide.	49629

Sec. 3310.08. (A) The amount paid for an eligible student	49630
under the educational choice scholarship pilot program shall be	49631
the lesser of the tuition of the chartered nonpublic school in	49632
which the student is enrolled or the maximum amount prescribed in	49633
section 3310.09 of the Revised Code.	49634

(B)(1) The department of education shall pay to the parent of	49635
each eligible student for whom a scholarship is awarded under the	49636
program, or to the student if at least eighteen years of age,	49637
periodic partial payments of the scholarship.	49638

(2) The department shall proportionately reduce or terminate	49639
the payments for any student who withdraws from a chartered	49640
nonpublic school prior to the end of the school year.	49641

(C)(1) The department shall deduct from the payments made to	49642
each school district under Chapter 3317., and if necessary,	49643
sections 321.24 and 323.156 of the Revised Code, the amount paid	49644
under division (B) of this section for each eligible student	49645
~~awarded~~who qualifies for a scholarship under ~~the program~~section	49646
3310.03 of the Revised Code and who is entitled under section	49647
3313.64 or 3313.65 of the Revised Code to attend school in the	49648
district. In the case of a student entitled to attend school in a	49649
school district under division (B)(2)(a) of section 3313.64 or	49650
division (C) of section 3313.65 of the Revised Code, the	49651
department shall deduct the payments from the school district that	49652
includes the student in its average daily membership as reported	49653
to the department under section 3317.03 of the Revised Code, as	49654
determined by the department.	49655

(2) If the department reduces or terminates payments to a	49656
parent or a student, as prescribed in division (B)(2) of this	49657
section, and the student enrolls in the schools of the student's	49658
resident district or in a community school, established under	49659
Chapter 3314. of the Revised Code, before the end of the school	49660
year, the department shall proportionally restore to the resident	49661
district the amount deducted for that student under division	49662
(C)(1) of this section.	49663

Sec. 3310.14. ~~Notwithstanding division (K) of section~~	49664
~~3301.0711 of the Revised Code, each~~Each chartered nonpublic	49665
school that is not subject to division (K)(1)(a) of section	49666
3301.0711 of the Revised Code and enrolls students awarded	49667
scholarships under sections 3310.01 to 3310.17 of the Revised Code	49668
annually shall administer the assessments prescribed by section	49669
3301.0710 or 3301.0712 of the Revised Code to each scholarship	49670
student enrolled in the school in accordance with section	49671
3301.0711 of the Revised Code. Each chartered nonpublic school	49672
that is subject to this section shall report to the department of	49673
education the results of each assessment administered to each	49674
scholarship student under this section.	49675

Nothing in this section requires a chartered nonpublic school	49676
to administer any achievement assessment, except for an Ohio	49677
graduation test prescribed by division (B)(1) of section 3301.0710	49678
of the Revised Code, as required by section 3313.612 of the	49679
Revised Code, to any student enrolled in the school who is not a	49680
scholarship student.	49681

Sec. 3310.52. (A) The Jon Peterson special needs scholarship	49682
program is hereby established. Under the program, beginning with	49683
the 2012-2013 school year, subject to division (B) of this	49684
section, the department of education annually shall pay a	49685
scholarship to an eligible applicant for services provided by an	49686
alternative public provider or a registered private provider for a	49687
qualified special education child. The scholarship shall be used	49688
only to pay all or part of the fees for the child to attend the	49689
special education program operated by the alternative public	49690
provider or registered private provider to implement the child's	49691
individualized education program, in lieu of the child's attending	49692
the special education program operated by the school district in	49693
which the child is entitled to attend school, and other services	49694
agreed to by the provider and eligible applicant that are not	49695
included in the individualized education program but are	49696
associated with educating the child. Beginning in the 2014-2015	49697
school year, if the child is in category one as that term is	49698
defined in division (B)(1) of section 3310.56 of the Revised Code,	49699
the scholarship shall be used only to pay for related services	49700
that are included in the child's individualized education program.	49701
Upon agreement with the eligible applicant, the alternative public	49702
provider or registered private provider may modify the services	49703
provided to the child.	49704

(B) The number of scholarships awarded under the program in	49705
any fiscal year shall not exceed five per cent of the total number	49706
of students residing in the state identified as children with	49707
disabilities during the previous fiscal year.	49708

(C) No scholarship or renewal of a scholarship shall be	49709
awarded to an eligible applicant on behalf of a qualified special	49710
education child for the next school year, unless on or before the	49711
application deadline the eligible applicant completes the	49712
application for the scholarship or renewal, in the manner	49713
prescribed by the department, and notifies the school district in	49714
which the child is entitled to attend school that the eligible	49715
applicant has applied for the scholarship or renewal.	49716

The application deadline for academic terms that begin	49717
between the first day of July and the thirty-first day of December	49718
shall be the fifteenth day of April that precedes the first day of	49719
instruction. The application deadline for academic terms that	49720
begin between the first day of January and the thirtieth day of	49721
June shall be the fifteenth day of November that precedes the	49722
first day of instruction.	49723

Sec. 3310.522. In order to maintain eligibility for a	49724
scholarship under the program, a student shall take each	49725
assessment prescribed by sections 3301.0710 and 3301.0712 of the	49726
Revised Code, unless the student is excused from taking that	49727
assessment under federal law or the student's individualized	49728
education program.	49729

~~Notwithstanding division (K) of section 3301.0711 of the~~	49730
~~Revised Code, each~~Each registered private provider that is not	49731
subject to division (K)(1)(a) of section 3301.0711 of the Revised	49732
Code and enrolls a student who is awarded a scholarship under this	49733
section shall administer each assessment prescribed by sections	49734
3301.0710 and 3301.0712 of the Revised Code to that student,	49735
unless the student is excused from taking that assessment, and	49736
shall report to the department the results of each assessment so	49737
administered.	49738

Nothing in this section requires any chartered nonpublic	49739
school that is a registered private provider to administer any	49740
achievement assessment, except for an Ohio graduation test	49741
prescribed by division (B)(1) of section 3301.0710 of the Revised	49742
Code, as required by section 3313.612 of the Revised Code, to any	49743
student enrolled in the school who is not a scholarship student.	49744

Sec. 3310.56. (A) The amount of the scholarship awarded and	49745
paid to an eligible applicant for services for a qualified special	49746
education child under the Jon Peterson special needs scholarship	49747
program in each school year shall be the least of the amounts	49748
prescribed in divisions (A)(1), (2), orand (3) of this section,	49749
as follows:	49750

(1) The amount of fees charged for that school year by the	49751
alternative public provider or registered private provider;	49752

(2) The sum of the amounts calculated under divisions	49753
(A)(2)(a) and (b) of this section:	49754

(a) The ~~sum of the~~ formula amount ~~plus the per pupil amount~~	49755
~~of the base funding supplements specified in divisions (C)(1) to~~	49756
~~(4) of section 3317.012 of the Revised Code for fiscal year 2009~~;	49757

(b) An amount ~~equal to $5,732 times the following multiple~~	49758
prescribed for the child's disability as follows:	49759

(i) For a student in category one, ~~0.2892~~the amount	49760
specified in division (A) of section 3317.013 of the Revised Code;	49761

(ii) For a student in category two, ~~0.3691~~the amount	49762
specified in division (B) of section 3317.013 of the Revised Code;	49763

(iii) For a student in category three, ~~1.7695~~the amount	49764
specified in division (C) of section 3317.013 of the Revised Code;	49765

(iv) For a student in category four, ~~2.3646~~the amount	49766
specified in division (D) of section 3317.013 of the Revised Code;	49767

(v) For a student in category five, ~~3.1129~~the amount	49768
specified in division (E) of section 3317.013 of the Revised Code;	49769

(vi) For a student in category six, ~~4.7342~~the amount	49770
specified in division (F) of section 3317.013 of the Revised Code.	49771

~~Before applying the multiples specified in divisions~~	49772
~~(A)(2)(b)(i) to (vi) of this section, they first shall be adjusted~~	49773
~~by multiplying them by 0.90.~~	49774

(3) Twenty thousand dollars.

49775

(B) As used in division (A)(2)(b) of this section, a child	49776
with a disability is in:	49777

(1) "Category one" if the ~~child's primary or only identified~~	49778
~~disability is a speech and language disability, as this term is~~	49779
~~defined pursuant to Chapter 3323.~~child is receiving special	49780
education services for a disability specified in division (A) of	49781
section 3317.013 of the Revised Code;	49782

(2) "Category two" if the child is ~~identified as specific~~	49783
~~learning disabled or developmentally disabled, as these terms are~~	49784
~~defined pursuant to Chapter 3323. of the Revised Code, or as~~	49785
~~having an other health impairment-minor, as defined in section~~	49786
~~3317.02~~receiving special education services for a disability	49787
specified in division (B) of section 3317.013 of the Revised Code;	49788

(3) "Category three" if the child is ~~identified as vision~~	49789
~~impaired, hearing disabled, or severe behavior disabled, as these~~	49790
~~terms are defined pursuant to Chapter 3323.~~receiving special	49791
education services for a disability specified in division (C) of	49792
section 3317.013 of the Revised Code;	49793

(4) "Category four" if the child is ~~identified as~~	49794
~~orthopedically disabled, as this term is defined pursuant to~~	49795
~~Chapter 3323. of the Revised Code, or as having an other health~~	49796
~~impairment-major, as defined in section 3317.02~~receiving special	49797
education services for a disability specified in division (D) of	49798
section 3317.013 of the Revised Code;	49799

(5) "Category five" if the child is ~~identified as having~~	49800
~~multiple disabilities, as this term is defined pursuant to Chapter~~	49801
~~3323.~~receiving special education services for a disability	49802
specified in division (E) of section 3317.013 of the Revised Code;	49803

(6) "Category six" if the child is ~~identified as autistic,~~	49804
~~having traumatic brain injuries, or both visually and hearing~~	49805
~~impaired, as these terms are defined pursuant to Chapter 3323.~~	49806
receiving special education services for a disability specified in	49807
division (F) of section 3317.013 of the Revised Code.	49808

Sec. 3311.0510. (A) If all of the client school districts of	49809
an educational service center have terminated their agreements	49810
with the service center under division (D) of section 3313.843 of	49811
the Revised Code, upon the latest effective date of the	49812
terminations, the governing board of that service center shall be	49813
abolished and such service center shall be dissolved by order of	49814
the superintendent of public instruction. The superintendent's	49815
order shall provide for the equitable division and disposition of	49816
the assets, property, debts, and obligations of the service center	49817
among the school districts that were client school districts of	49818
the service center for the service center's last fiscal year of	49819
operation. The superintendent's order shall provide that the tax	49820
duplicate of each of those school districts shall be bound for and	49821
assume the district's equitable share of the outstanding	49822
indebtedness of the service center. The superintendent's order is	49823
final and is not appealable.	49824

Immediately upon the abolishment of the service center	49825
governing board pursuant to this section, the superintendent of	49826
public instruction shall appoint a qualified individual to	49827
administer the dissolution of the service center and to implement	49828
the terms of the superintendent's dissolution order.	49829

Prior to distributing assets to any school district under	49830
this section, but after paying in full other debts and obligations	49831
of the service center under this section, the superintendent of	49832
public instruction may assess against the remaining assets of the	49833
service center the amount of the costs incurred by the department	49834
of education in performing the superintendent's duties under this	49835
division, including the fees, if any, owed to the individual	49836
appointed to administer the superintendent's dissolution order.	49837
Any excess cost incurred by the department under this division	49838
shall be divided equitably among the school districts that were	49839
client school districts of the service center for the service	49840
center's last fiscal year of operation. Each district's share of	49841
that excess cost shall be bound against the tax duplicate of that	49842
district.	49843

(B) A final audit of the former service center shall be	49844
performed in accordance with procedures established by the auditor	49845
of state.	49846

(C) The public records of an educational service center that	49847
is dissolved under this section shall be transferred in accordance	49848
with this division. Public records maintained by the service	49849
center in connection with services provided by the service center	49850
to local school districts of which the territory of the service	49851
center is or previously was made up shall be transferred to each	49852
of the respective local school districts. Public records	49853
maintained by the service center in connection with services	49854
provided to client school districts shall be transferred to each	49855
of the respective client school districts. All other public	49856
records maintained by the service center at the time the service	49857
center ceases operations shall be transferred to the Ohio	49858
historical society for analysis and disposition by the society in	49859
its capacity as archives administrator for the state and its	49860
political subdivisions pursuant to division (C) of section 149.30	49861
and section 149.31 of the Revised Code.	49862

(D) As used in this section, "client school district" ~~has the~~	49863
~~same meaning as in section 3317.11 of the Revised Code~~means a	49864
city, exempted village, or local school district that has entered	49865
into an agreement under section 3313.843 or 3313.845 of the	49866
Revised Code to receive any services from an educational service	49867
center.	49868

Sec. 3311.19. (A) The management and control of a joint	49869
vocational school district shall be vested in the joint vocational	49870
school district board of education~~. Where a joint vocational~~	49871
~~school district is composed only of two or more local school~~	49872
~~districts located in one county, or when all the participating~~	49873
~~districts are in one county and the boards of such participating~~	49874
~~districts so choose, the educational service center governing~~	49875
~~board of the county in which the joint vocational school district~~	49876
~~is located shall serve as the joint vocational school district~~	49877
~~board of education. Where a joint vocational school district is~~	49878
~~composed of local school districts of more than one county, or of~~	49879
~~any combination of city, local, or exempted village school~~	49880
~~districts or educational service centers, unless administration by~~	49881
~~the educational service center governing board has been chosen by~~	49882
~~all the participating districts in one county pursuant to this~~	49883
~~section, the board of education of the joint vocational school~~	49884
~~district shall be composed of one or more persons who are members~~	49885
~~of the boards of education from each of the city or exempted~~	49886
~~village school districts or members of the educational service~~	49887
~~centers' governing boards affected to be appointed by the boards~~	49888
~~of education or governing boards of such school districts and~~	49889
~~educational service centers. In such joint vocational school~~	49890
~~districts the number and terms of members of the joint vocational~~	49891
~~school district board of education and the allocation of a given~~	49892
~~number of members to each of the city and exempted village~~	49893
~~districts and educational service centers shall be determined in~~	49894
~~the plan for such district, provided that each such joint~~	49895
~~vocational school district board of education shall be composed of~~	49896
~~an odd number of members.~~	49897

~~(B) Notwithstanding division (A) of this section, a governing~~	49898
~~board of an educational service center that has members of its~~	49899
~~governing board serving on a joint vocational school district~~	49900
~~board of education may make a request to the joint vocational~~	49901
~~district board that the joint vocational school district plan be~~	49902
~~revised to provide for one or more members of boards of education~~	49903
~~of local school districts that are within the territory of the~~	49904
~~educational service district and within the joint vocational~~	49905
~~school district to serve in the place of or in addition to its~~	49906
~~educational service center governing board members. If agreement~~	49907
~~is obtained among a majority of the boards of education and~~	49908
~~governing boards that have a member serving on the joint~~	49909
~~vocational school district board of education and among a majority~~	49910
~~of the local school district boards of education included in the~~	49911
~~district and located within the territory of the educational~~	49912
~~service center whose board requests the substitution or addition,~~	49913
~~the state board of education may revise the joint vocational~~	49914
~~school district plan to conform with such agreement.~~	49915

~~(C) If the board of education of any school district or~~	49916
~~educational service center governing board included within a joint~~	49917
~~vocational district that has had its board or governing board~~	49918
~~membership revised under division (B) of this section requests the~~	49919
~~joint vocational school district board to submit to the state~~	49920
~~board of education a revised plan under which one or more joint~~	49921
~~vocational board members chosen in accordance with a plan revised~~	49922
~~under such division would again be chosen in the manner prescribed~~	49923
~~by division (A) of this section, the joint vocational board shall~~	49924
~~submit the revised plan to the state board of education, provided~~	49925
~~the plan is agreed to by a majority of the boards of education~~	49926
~~represented on the joint vocational board, a majority of the local~~	49927
~~school district boards included within the joint vocational~~	49928
~~district, and each educational service center governing board~~	49929
~~affected by such plan. The state board of education may revise the~~	49930
~~joint vocational school district plan to conform with the revised~~	49931
~~plan.~~which, beginning on the effective date of this amendment,	49932
shall be appointed under division (C) of this section.	49933

All members of a joint vocational school district board	49934
serving unexpired terms on the effective date of this amendment	49935
may continue in office until the expiration of their terms. If a	49936
member leaves office for any reason prior to the expiration of	49937
that member's term, the vacancy shall be filled only in the manner	49938
provided in division (C) of this section.	49939

(B) Members of the joint vocational school district board	49940
appointed on or after the effective date of this amendment shall	49941
serve for three year terms of office. No member shall hold office	49942
for a period of longer than two consecutive terms. Terms shall be	49943
considered consecutive unless separated by three or more years.	49944

Members of the board shall be selected based on the diversity	49945
of the employers from the geographical region of the state in	49946
which the territory of the joint vocational school district is	49947
located represented by the members. Not less than three-fifths of	49948
the members of the board shall reside in or be employed within the	49949
territory of the joint vocational school district board upon which	49950
the member serves.	49951

(C) The manner of appointment and the total number of members	49952
appointed to the joint vocational school district board shall be	49953
in accordance with the most recent plan for the joint vocational	49954
school district on file with the department of education. An	49955
individual shall not be a member of an appointing board, unless	49956
the individual meets the criteria in division (C)(2) of this	49957
section.	49958

(1) Appointments under this section shall be made as the	49959
terms of members of each joint vocational school district board	49960
who are serving unexpired terms on the effective date of this	49961
amendment expire or as those offices are otherwise vacated prior	49962
to the expiration date.	49963

(2) Members of the joint vocational board shall have	49964
experience as chief financial officers, chief executive officers,	49965
human resources managers, or other business, industry, or career	49966
counseling professionals who are qualified to discuss the labor	49967
needs of the region with respect to the regional economy. The	49968
appointing board shall appoint individuals who represent employers	49969
in the region served by the joint vocational school district who	49970
are qualified to consider the state's workforce needs with an	49971
understanding of the skills, training, and education needed for	49972
current and future employment opportunities in the state. The	49973
appointing board may give preference to individuals who have	49974
served as members on a joint vocational school business advisory	49975
committee who meet the qualifications in division (C)(2) of this	49976
section.	49977

(D) The vocational schools in ~~such~~the joint vocational	49978
school district shall be available to all youth of school age	49979
within the joint vocational school district subject to the rules	49980
adopted by the joint vocational school district board of education	49981
in regard to the standards requisite to admission. A joint	49982
vocational school district board of education shall have the same	49983
powers, duties, and authority for the management and operation of	49984
such joint vocational school district as is granted by law, except	49985
by this chapter and Chapters 124., 3317., 3323., and 3331. of the	49986
Revised Code, to a board of education of a city school district,	49987
and shall be subject to all the provisions of law that apply to a	49988
city school district, except such provisions in this chapter and	49989
Chapters 124., 3317., 3323., and 3331. of the Revised Code.	49990

(E) ~~Where a governing board of an educational service center~~	49991
~~has been designated to serve as the joint vocational school~~	49992
~~district board of education, the educational service center~~	49993
~~superintendent shall be the executive officer for the joint~~	49994
~~vocational school district, and the governing board may provide~~	49995
~~for additional compensation to be paid to the educational service~~	49996
~~center superintendent by the joint vocational school district, but~~	49997
~~the educational service center superintendent shall have no~~	49998
~~continuing tenure other than that of educational service center~~	49999
~~superintendent.~~ The superintendent of schools of a joint	50000
vocational school district shall exercise the duties and authority	50001
vested by law in a superintendent of schools pertaining to the	50002
operation of a school district and the employment and supervision	50003
of its personnel. The joint vocational school district board of	50004
education shall appoint a treasurer of the joint vocational school	50005
district who shall be the fiscal officer for such district and who	50006
shall have all the powers, duties, and authority vested by law in	50007
a treasurer of a board of education. ~~Where a governing board of an~~	50008
~~educational service center has been designated to serve as the~~	50009
~~joint vocational school district board of education, such board~~	50010
~~may appoint the educational service center superintendent as the~~	50011
~~treasurer of the joint vocational school district.~~	50012

(F) Each member of a joint vocational school district board	50013
of education may be paid such compensation as the board provides	50014
by resolution, but it shall not exceed one hundred twenty-five	50015
dollars per member for each meeting attended plus mileage, at the	50016
rate per mile provided by resolution of the board, to and from	50017
meetings of the board.	50018

The board may provide by resolution for the deduction of	50019
amounts payable for benefits under section 3313.202 of the Revised	50020
Code.	50021

Each member of a joint vocational school district board may	50022
be paid such compensation as the board provides by resolution for	50023
attendance at an approved training program, provided that such	50024
compensation shall not exceed sixty dollars per day for attendance	50025
at a training program three hours or fewer in length and one	50026
hundred twenty-five dollars a day for attendance at a training	50027
program longer than three hours in length. However, no board	50028
member shall be compensated for the same training program under	50029
this section and section 3313.12 of the Revised Code.	50030

Sec. 3311.22. A governing board of an educational service	50031
center may propose, by resolution adopted by majority vote of its	50032
full membership, or qualified electors of the area affected equal	50033
in number to at least fifty-five per cent of the qualified	50034
electors voting at the last general election residing within that	50035
portion of a school district, or districts proposed to be	50036
transferred may propose, by petition, the transfer of a part or	50037
all of one or more local school districts to another local school	50038
district or districts within the territory of the educational	50039
service center. Such transfers may be made only to local school	50040
districts adjoining the school district that is proposed to be	50041
transferred, unless the board of education of the district	50042
proposed to be transferred has entered into an agreement pursuant	50043
to section 3313.42 of the Revised Code, in which case such	50044
transfers may be made to any local school district within the	50045
territory of the educational service center.	50046

When a governing board of an educational service center	50047
adopts a resolution proposing a transfer of school territory it	50048
shall forthwith file a copy of such resolution, together with an	50049
accurate map of the territory described in the resolution, with	50050
the board of education of each school district whose boundaries	50051
would be altered by such proposal. A governing board of an	50052
educational service center proposing a transfer of territory under	50053
the provisions of this section shall at its next regular meeting	50054
that occurs not earlier than thirty days after the adoption by the	50055
governing board of a resolution proposing such transfer, adopt a	50056
resolution making the transfer effective at any time prior to the	50057
next succeeding first day of July, unless, prior to the expiration	50058
of such thirty-day period, qualified electors residing in the area	50059
proposed to be transferred, equal in number to a majority of the	50060
qualified electors voting at the last general election, file a	50061
petition of referendum against such transfer.	50062

Any petition of transfer or petition of referendum filed	50063
under the provisions of this section shall be filed at the office	50064
of the educational service center superintendent. The person	50065
presenting the petition shall be given a receipt containing	50066
thereon the time of day, the date, and the purpose of the	50067
petition.	50068

The educational service center superintendent shall cause the	50069
board of elections to check the sufficiency of signatures on any	50070
petition of transfer or petition of referendum filed under this	50071
section and, if found to be sufficient, the superintendent shall	50072
present the petition to the educational service center governing	50073
board at a meeting of the board which shall occur not later than	50074
thirty days following the filing of the petition.	50075

Upon presentation to the educational service center governing	50076
board of a proposal to transfer territory as requested by petition	50077
of fifty-five per cent of the qualified electors voting at the	50078
last general election or a petition of referendum against a	50079
proposal of the county board to transfer territory, the governing	50080
board shall promptly certify the proposal to the board of	50081
elections for the purpose of having the proposal placed on the	50082
ballot at the next general or primary election which occurs not	50083
less than ninety days after the date of such certification, or at	50084
a special election, the date of which shall be specified in the	50085
certification, which date shall not be less than ninety days after	50086
the date of such certification. Signatures on a petition of	50087
transfer or petition of referendum may be withdrawn up to and	50088
including the above mentioned meeting of the educational service	50089
center governing board only by order of the board upon testimony	50090
of the petitioner concerned under oath before the board that the	50091
petitioner's signature was obtained by fraud, duress, or	50092
misrepresentation.	50093

If a petition is filed with the educational service center	50094
governing board which proposes the transfer of a part or all of	50095
the territory included in a resolution of transfer previously	50096
adopted by the educational service center governing board, no	50097
action shall be taken on such petition if within the thirty-day	50098
period after the adoption of the resolution of transfer a	50099
referendum petition is filed. After the election, if the proposed	50100
transfer fails to receive a majority vote, action on such petition	50101
shall then be processed under this section as though originally	50102
filed under the provisions hereof. If no referendum petition is	50103
filed within the thirty-day period after the adoption of the	50104
resolution of transfer, no action shall be taken on such petition.	50105

If a petition is filed with the educational service center	50106
governing board which proposes the transfer of a part or all of	50107
the territory included in a petition previously filed by electors	50108
no action shall be taken on such new petition.	50109

Upon certification of a proposal to the board or boards of	50110
elections pursuant to this section, the board or boards of	50111
elections shall make the necessary arrangements for the submission	50112
of such question to the electors of the county or counties	50113
qualified to vote thereon, and the election shall be conducted and	50114
canvassed and the results shall be certified in the same manner as	50115
in regular elections for the election of members of a board of	50116
education.	50117

The persons qualified to vote upon a proposal are the	50118
electors residing in the district or districts containing	50119
territory that is proposed to be transferred. If the proposed	50120
transfer be approved by at least a majority of the electors voting	50121
on the proposal, the educational service center governing board	50122
shall make such transfer at any time prior to the next succeeding	50123
first day of July. If the proposed transfer is not approved by at	50124
least a majority of the electors voting on the proposal, the	50125
question of transferring any property included in the territory	50126
covered by the proposal shall not be submitted to electors at any	50127
election prior to the first general election the date of which is	50128
at least two years after the date of the original election, or the	50129
first primary election held in an even-numbered year the date of	50130
which is at least two years after the date of the original	50131
election. A transfer shall be subject to the approval of the	50132
receiving board or boards of education, unless the proposal was	50133
initiated by the educational service center governing board, in	50134
which case, if the transfer is opposed by the board of education	50135
offered the territory, the local board may, within thirty days,	50136
following the receipt of the notice of transfer, appeal to the	50137
state board of education which shall then either approve or	50138
disapprove the transfer.	50139

Following an election upon a proposed transfer initiated by a	50140
petition the board of education that is offered territory shall,	50141
within thirty days following receipt of the proposal, either	50142
accept or reject the transfer.	50143

When an entire school district is proposed to be transferred	50144
to two or more school districts and the offer is rejected by any	50145
one of the receiving boards of education, none of the territory	50146
included in the proposal shall be transferred.	50147

Upon the acceptance of territory by the receiving board or	50148
boards of education the educational service center governing board	50149
offering the territory shall file with the county auditor and with	50150
the state board of education an accurate map showing the	50151
boundaries of the territory transferred.	50152

Upon the making of such transfer, the net indebtedness of the	50153
former district from which territory was transferred shall be	50154
apportioned between the acquiring school district and that portion	50155
of the former school district remaining after the transfer in the	50156
ratio which the assessed valuation of the territory transferred to	50157
the acquiring school district bears to the assessed valuation of	50158
the original school district as of the effective date of the	50159
transfer. As used in this section "net indebtedness" means the	50160
difference between the par value of the outstanding and unpaid	50161
bonds and notes of the school district and the amount held in the	50162
sinking fund and other indebtedness retirement funds for their	50163
redemption.	50164

~~If an entire district is transferred, any indebtedness of the~~	50165
~~former district incurred as a result of a loan made under section~~	50166
~~3317.64 of the Revised Code is hereby canceled and such~~	50167
~~indebtedness shall not be apportioned among any districts~~	50168
~~acquiring the territory.~~	50169

Upon the making of any transfer under this section, the funds	50170
of the district from which territory was transferred shall be	50171
divided equitably by the educational service center governing	50172
board between the acquiring district and any part of the original	50173
district remaining after the transfer.	50174

If an entire district is transferred the board of education	50175
of such district is thereby abolished or if a member of the board	50176
of education lives in that part of a school district transferred	50177
the member becomes a nonresident of the school district from which	50178
the territory was transferred and such member ceases to be a	50179
member of the board of education of such district.	50180

The legal title of all property of the board of education in	50181
the territory transferred shall become vested in the board of	50182
education of the school district to which such territory is	50183
transferred.	50184

Subsequent to June 30, 1959, if an entire district is	50185
transferred, foundation program moneys accruing to a district	50186
accepting school territory under the provisions of this section or	50187
former section 3311.22 of the Revised Code, shall not be less, in	50188
any year during the next succeeding three years following the	50189
transfer, than the sum of the amounts received by the districts	50190
separately in the year in which the transfer was consummated.	50191

Sec. 3311.231. A governing board of an educational service	50192
center may propose, by resolution adopted by majority vote of its	50193
full membership, or qualified electors of the area affected equal	50194
in number to not less than fifty-five per cent of the qualified	50195
electors voting at the last general election residing within that	50196
portion of a school district proposed to be transferred may	50197
propose, by petition, the transfer of a part or all of one or more	50198
local school districts within the territory of the center to an	50199
adjoining educational service center or to an adjoining city or	50200
exempted village school district.	50201

A governing board of an educational service center adopting a	50202
resolution proposing a transfer of school territory under this	50203
section shall file a copy of such resolution together with an	50204
accurate map of the territory described in the resolution, with	50205
the board of education of each school district whose boundaries	50206
would be altered by such proposal. Where a transfer of territory	50207
is proposed by a governing board of an educational service center	50208
under this section, the governing board shall, at its next regular	50209
meeting that occurs not earlier than the thirtieth day after the	50210
adoption by the governing board of the resolution proposing such	50211
transfer, adopt a resolution making the transfer as originally	50212
proposed, effective at any time prior to the next succeeding first	50213
day of July, unless, prior to the expiration of such thirty-day	50214
period, qualified electors residing in the area proposed to be	50215
transferred, equal in number to a majority of the qualified	50216
electors voting at the last general election, file a petition of	50217
referendum against such transfer.	50218

Any petition of transfer or petition of referendum under the	50219
provisions of this section shall be filed at the office of the	50220
educational service center superintendent. The person presenting	50221
the petition shall be given a receipt containing thereon the time	50222
of day, the date, and the purpose of the petition.	50223

The educational service center superintendent shall cause the	50224
board of elections to check the sufficiency of signatures on any	50225
such petition, and, if found to be sufficient, the superintendent	50226
shall present the petition to the educational service center	50227
governing board at a meeting of said governing board which shall	50228
occur not later than thirty days following the filing of said	50229
petition.	50230

The educational service center governing board shall promptly	50231
certify the proposal to the board of elections of such counties in	50232
which school districts whose boundaries would be altered by such	50233
proposal are located for the purpose of having the proposal placed	50234
on the ballot at the next general or primary election which occurs	50235
not less than ninety days after the date of such certification or	50236
at a special election, the date of which shall be specified in the	50237
certification, which date shall not be less than ninety days after	50238
the date of such certification.	50239

Signatures on a petition of transfer or petition of	50240
referendum may be withdrawn up to and including the above	50241
mentioned meeting of the educational service center governing	50242
board only by order of the governing board upon testimony of the	50243
petitioner concerned under oath before the board that the	50244
petitioner's signature was obtained by fraud, duress, or	50245
misrepresentation.	50246

If a petition is filed with the educational service center	50247
governing board which proposes the transfer of a part or all of	50248
the territory included either in a petition previously filed by	50249
electors or in a resolution of transfer previously adopted by the	50250
educational service center governing board, no action shall be	50251
taken on such new petition as long as the previously initiated	50252
proposal is pending before the governing board or is subject to an	50253
election.	50254

Upon certification of a proposal to the board or boards of	50255
elections pursuant to this section, the board or boards of	50256
elections shall make the necessary arrangements for the submission	50257
of such question to the electors of the county or counties	50258
qualified to vote thereon, and the election shall be conducted and	50259
canvassed and the results shall be certified in the same manner as	50260
in regular elections for the election of members of a board of	50261
education.	50262

The persons qualified to vote upon a proposal are the	50263
electors residing in the district or districts containing	50264
territory that is proposed to be transferred. If the proposed	50265
transfer is approved by at least a majority of the electors voting	50266
on the proposal, the educational service center governing board	50267
shall make such transfer at any time prior to the next succeeding	50268
first day of July, subject to the approval of the receiving board	50269
of education in case of a transfer to a city or exempted village	50270
school district, and subject to the approval of the educational	50271
service center governing board of the receiving center, in case of	50272
a transfer to an educational service center. If the proposed	50273
transfer is not approved by at least a majority of the electors	50274
voting on the proposal, the question of transferring any property	50275
included in the territory covered by the proposal shall not be	50276
submitted to electors at any election prior to the first general	50277
election the date of which is at least two years after the date of	50278
the original election, or the first primary election held in an	50279
even-numbered year the date of which is at least two years after	50280
the date of the original election.	50281

Where a territory is transferred under this section to a city	50282
or exempted village school district, the board of education of	50283
such district shall, and where territory is transferred to an	50284
educational service center the governing board of such educational	50285
service center shall, within thirty days following receipt of the	50286
proposal, either accept or reject the transfer.	50287

Where a governing board of an educational service center	50288
adopts a resolution accepting territory transferred to the	50289
educational service center under the provisions of sections	50290
3311.231 and 3311.24 of the Revised Code, the governing board	50291
shall, at the time of the adoption of the resolution accepting the	50292
territory, designate the school district to which the accepted	50293
territory shall be annexed.	50294

When an entire school district is proposed to be transferred	50295
to two or more adjoining school districts and the offer is	50296
rejected by any one of the receiving boards of education, none of	50297
the territory included in the proposal shall be transferred.	50298

Upon the acceptance of territory by the receiving board or	50299
boards of education the educational service center governing board	50300
offering the territory shall file with the county auditor of each	50301
county affected by the transfer and with the state board of	50302
education an accurate map showing the boundaries of the territory	50303
transferred.	50304

Upon the making of such transfer, the net indebtedness of the	50305
former district from which territory was transferred shall be	50306
apportioned between the acquiring school district and the portion	50307
of the former school district remaining after the transfer in the	50308
ratio which the assessed valuation of the territory transferred to	50309
the acquiring school district bears to the assessed valuation of	50310
the original school district as of the effective date of the	50311
transfer. As used in this section "net indebtedness" means the	50312
difference between the par value of the outstanding and unpaid	50313
bonds and notes of the school district and the amount held in the	50314
sinking fund and other indebtedness retirement funds for their	50315
redemption.	50316

~~If an entire district is transferred, any indebtedness of the~~	50317
~~former district incurred as a result of a loan made under section~~	50318
~~3317.64 of the Revised Code is hereby canceled and such~~	50319
~~indebtedness shall not be apportioned among any districts~~	50320
~~acquiring the territory.~~	50321

Upon the making of any transfer under this section, the funds	50322
of the district from which territory was transferred shall be	50323
divided equitably by the educational service center governing	50324
board, between the acquiring district and any part of the original	50325
district remaining after the transfer.	50326

If an entire district is transferred the board of education	50327
of such district is thereby abolished or if a member of the board	50328
of education lives in that part of a school district transferred	50329
the member becomes a nonresident of the school district from which	50330
the territory was transferred and such member ceases to be a	50331
member of the board of education of such district.	50332

The legal title of all property of the board of education in	50333
the territory transferred shall become vested in the board of	50334
education of the school district to which such territory is	50335
transferred.	50336

If an entire district is transferred, foundation program	50337
moneys accruing to a district receiving school territory under the	50338
provisions of this section shall not be less, in any year during	50339
the next succeeding three years following the transfer, than the	50340
sum of the amounts received by the districts separately in the	50341
year in which the transfer was consummated.	50342

Sec. 3311.38. The state board of education may conduct, or	50343
may direct the superintendent of public instruction to conduct,	50344
studies where there is evidence of need for transfer of local,	50345
exempted village, or city school districts, or parts of any such	50346
districts, to contiguous or noncontiguous local, exempted village,	50347
or city school districts. Such studies shall include a study of	50348
the effect of any proposal upon any portion of a school district	50349
remaining after such proposed transfer. The state board, in	50350
conducting such studies and in making recommendations as a result	50351
thereof, shall consider the possibility of improving school	50352
district organization as well as the desires of the residents of	50353
the school districts which would be affected.	50354

(A) After the adoption of recommendations growing out of any	50355
such study, or upon receipt of a resolution adopted by majority	50356
vote of the full membership of the board of any city, local, or	50357
exempted village school district requesting that the entire	50358
district be transferred to another city, local, or exempted	50359
village school district, the state board may propose by resolution	50360
the transfer of territory, which may consist of part or all of the	50361
territory of a local, exempted village, or city school district to	50362
a contiguous local, exempted village, or city school district.	50363

The state board shall thereupon file a copy of such proposal	50364
with the board of education of each school district whose	50365
boundaries would be altered by the proposal and with the governing	50366
board of any educational service center in which such school	50367
district is located.	50368

The state board may, not less than thirty days following the	50369
adoption of the resolution proposing the transfer of territory,	50370
certify the proposal to the board of elections of the county or	50371
counties in which any of the territory of the proposed district is	50372
located, for the purpose of having the proposal placed on the	50373
ballot at the next general election or at a primary election	50374
occurring not less than ninety days after the adoption of such	50375
resolution.	50376

If any proposal has been previously initiated pursuant to	50377
section 3311.22, 3311.231, or 3311.26 of the Revised Code which	50378
affects any of the territory affected by the proposal of the state	50379
board, the proposal of the state board shall not be placed on the	50380
ballot while the previously initiated proposal is subject to an	50381
election.	50382

Upon certification of a proposal to the board of elections of	50383
any county pursuant to this section, the board of elections of	50384
such county shall make the necessary arrangements for the	50385
submission of such question to the electors of the county	50386
qualified to vote thereon, and the election shall be counted and	50387
canvassed and the results shall be certified in the same manner as	50388
in regular elections for the election of members of a board of	50389
education.	50390

The electors qualified to vote upon a proposal are the	50391
electors residing in the local, exempted village, or city school	50392
districts, containing territory proposed to be transferred.	50393

If the proposed transfer be approved by a majority of the	50394
electors voting on the proposal, the state board, subject to the	50395
approval of the board of education of the district to which the	50396
territory would be transferred, shall make such transfer prior to	50397
the next succeeding July 1.	50398

(B) If a study conducted in accordance with this section	50399
involves a school district with less than four thousand dollars of	50400
assessed value for each pupil in the total student count	50401
determined under section 3317.03 of the Revised Code, the state	50402
board of education, with the approval of the educational service	50403
center governing board, and upon recommendation by the state	50404
superintendent of public instruction, may by resolution transfer	50405
all or any part of such a school district to any city, exempted	50406
village, or local school district which has more than twenty-five	50407
thousand pupils in average daily membership. Such resolution of	50408
transfer shall be adopted only after the board of education of the	50409
receiving school district has adopted a resolution approving the	50410
proposed transfer. For the purposes of this division, the assessed	50411
value shall be as certified in accordance with section 3317.021 of	50412
the Revised Code.	50413

(C) Upon the making of a transfer of an entire school	50414
district pursuant to this section, the indebtedness of the	50415
district transferred shall be assumed in full by the acquiring	50416
district and the funds of the district transferred shall be paid	50417
over in full to the acquiring district~~, except that any~~	50418
~~indebtedness of the transferred district incurred as a result of a~~	50419
~~loan made under section 3317.64 of the Revised Code is hereby~~	50420
~~canceled and shall not be assumed by the acquiring district~~.	50421

(D) Upon the making of a transfer pursuant to this section,	50422
when only part of a district is transferred, the net indebtedness	50423
of each original district of which only a part is taken by the	50424
acquiring district shall be apportioned between the acquiring	50425
district and the original district in the ratio which the assessed	50426
valuation of the part taken by the acquiring district bears to the	50427
assessed valuation of the original district as of the effective	50428
date of the transfer. As used in this section "net indebtedness"	50429
means the difference between the par value of the outstanding and	50430
unpaid bonds and notes of the school district and the amount held	50431
in the sinking fund and other indebtedness retirement funds for	50432
their redemption.	50433

(E) Upon the making of a transfer pursuant to this section,	50434
when only part of a district is transferred, the funds of the	50435
district from which territory was transferred shall be divided	50436
equitably by the state board between the acquiring district and	50437
that part of the former district remaining after the transfer.	50438

(F) If an entire school district is transferred, the board of	50439
education of such district is thereby abolished. If part of a	50440
school district is transferred, any member of the board of	50441
education who is a legal resident of that part which is	50442
transferred shall thereby cease to be a member of that board.	50443

If an entire school district is transferred, foundation	50444
program moneys accruing to a district accepting school territory	50445
under the provisions of this section shall not be less, in any	50446
year during the next succeeding three years following the	50447
transfer, than the sum of the amounts received by the districts	50448
separately in the year in which the transfer became effective.	50449

Sec. 3311.78. Notwithstanding any provision of the Revised	50450
Code to the contrary, a municipal school district shall be subject	50451
to this section instead of sections 3317.13, 3317.14, and 3317.141	50452
of the Revised Code.	50453

(A) As used in this section, "principal" includes an	50454
assistant principal.	50455

(B) The board of education of each municipal school district	50456
annually shall adopt a differentiated salary schedule for teachers	50457
based upon performance as described in division (D) of this	50458
section. The board also annually shall adopt a differentiated	50459
salary schedule for principals based upon performance as described	50460
in division (D) of this section.	50461

For each teacher or principal hired on or after ~~the effective~~	50462
~~date of this section~~October 1, 2012, the board shall determine	50463
the teacher's or principal's initial placement on the applicable	50464
salary schedule based on years of experience and area of licensure	50465
and any other factors the board considers appropriate. For each	50466
teacher hired prior to ~~the effective date of this section~~October	50467
1, 2012, the board shall initially place the teacher on the	50468
applicable salary schedule so that the teacher's annual salary on	50469
the schedule is comparable to the teacher's annual salary for the	50470
school year immediately prior to the school year covered by the	50471
schedule. For each principal hired prior to ~~the effective date of~~	50472
~~this section~~October 1, 2012, the board shall initially place the	50473
principal on the applicable salary schedule consistent with the	50474
principal's employment contract.	50475

(C) The salary of a teacher shall not be reduced unless such	50476
reduction is accomplished as part of a negotiated collective	50477
bargaining agreement. The salary of a principal shall not be	50478
reduced during the term of the principal's employment contract	50479
unless such reduction is by mutual agreement of the board and the	50480
principal or is part of a uniform plan affecting the entire	50481
district.	50482

(D) For purposes of the schedules, the board shall measure a	50483
teacher's or principal's performance by considering all of the	50484
following:	50485

(1) The level of license issued under section 3319.22 of the	50486
Revised Code that the teacher or principal holds;	50487

(2) Whether the teacher or principal is a highly qualified	50488
teacher, as defined in section 3319.074 of the Revised Code;	50489

(3) Ratings received by the teacher or principal on	50490
performance evaluations conducted under section 3311.80 or 3311.84	50491
of the Revised Code;	50492

(4) Any specialized training and experience in the assigned	50493
position.	50494

(E) The salary schedules adopted under this section may	50495
provide for additional compensation for teachers or principals who	50496
perform duties, not contracted for under a supplemental contract,	50497
that the board determines warrant additional compensation. Those	50498
duties may include, but are not limited to, assignment to a school	50499
building eligible for funding under Title I of the "Elementary and	50500
Secondary Education Act of 1965," 20 U.S.C. 6301 et seq.;	50501
assignment to a building in "school improvement" status under the	50502
"No Child Left Behind Act of 2001," as defined in section 3302.01	50503
of the Revised Code; teaching in a grade level or subject area in	50504
which the board has determined there is a shortage within the	50505
district; assignment to a hard-to-staff school, as determined by	50506
the board; or teaching in a school with an extended school day or	50507
school year.	50508

(F) The chief executive officer of the district, or the chief	50509
executive officer's designee, annually shall review the salary of	50510
each teacher and principal and make a recommendation to the board.	50511
Based on the recommendation, the board may increase a teacher's or	50512
principal's salary based on the teacher's or principal's	50513
performance and duties as provided for in divisions (D) and (E) of	50514
this section. The performance-based increase for a teacher or	50515
principal rated as accomplished shall be greater than the	50516
performance-based increase for a teacher or principal rated as	50517
~~proficient~~skilled. Notwithstanding division (C) of this section,	50518
division (C) of section 3319.02, and section 3319.12 of the	50519
Revised Code, the board may decrease the teacher's or principal's	50520
salary if the teacher or principal will perform fewer or different	50521
duties described in division (E) of this section in the school	50522
year for which the salary is decreased.	50523

(G) Notwithstanding any provision to the contrary in Chapter	50524
4117. of the Revised Code, the requirements of this section	50525
prevail over any conflicting provisions of a collective bargaining	50526
agreement entered into on or after ~~the effective date of this~~	50527
~~section~~October 1, 2012. However, the board and the teachers'	50528
labor organization shall negotiate the implementation of the	50529
differentiated salary schedule for teachers and may negotiate	50530
additional factors regarding teacher salaries, provided those	50531
factors are consistent with this section.	50532

Sec. 3311.83. Notwithstanding any provision of the Revised	50533
Code to the contrary, and except as otherwise specified in	50534
division (E) of this section, a municipal school district shall be	50535
subject to this section instead of section 3319.17 of the Revised	50536
Code with respect to suspension of teacher contracts, but sections	50537
3311.72, 3319.17, and 3319.171 of the Revised Code shall apply to	50538
the district with respect to suspension of contracts of other	50539
district employees who may be licensed by the state board of	50540
education.	50541

(A) When, for any of the following reasons that apply to a	50542
municipal school district, the district board of education decides	50543
that it will be necessary to reduce the number of teachers it	50544
employs, it may make a reasonable reduction:	50545

(1) Return to duty of regular teachers after leaves of	50546
absence, including leaves of absence provided pursuant to section	50547
3319.13 or 3319.14 of the Revised Code;	50548

(2) Decreased enrollment of students in the district;

50549

(3) Academic reasons resulting in consolidation of teaching	50550
positions, duties, or functions or resulting in changes in	50551
educational programs;	50552

(4) Financial reasons;

50553

(5) Territorial changes affecting the district.

50554

(B) In making any such reduction, the board shall proceed to	50555
suspend contracts in accordance with the recommendation of the	50556
district's chief executive officer and divisions (B)(1) and (2)	50557
and (E) of this section.	50558

(1) Each teacher affected by the reduction, based on area of	50559
licensure, shall be placed in one of the following categories:	50560

(a) Category 1A, which shall contain all teachers on limited	50561
or extended limited contracts with a composite evaluation rating	50562
of ineffective;	50563

(b) Category 1B, which shall contain all teachers on	50564
continuing contracts with a composite evaluation rating of	50565
ineffective;	50566

(c) Category 2A, which shall contain all teachers on limited	50567
or extended limited contracts with a composite evaluation rating	50568
of developing;	50569

(d) Category 2B, which shall contain all teachers on	50570
continuing contracts with a composite evaluation rating of	50571
developing;	50572

(e) Category 3A, which shall contain all teachers on limited	50573
or extended limited contracts with a composite evaluation rating	50574
of ~~proficient~~skilled;	50575

(f) Category 3B, which shall contain all teachers on	50576
continuing contracts with a composite evaluation rating of	50577
~~proficient~~skilled;	50578

(g) Category 4A, which shall contain all teachers on limited	50579
or extended limited contracts with a composite evaluation rating	50580
of accomplished;	50581

(h) Category 4B, which shall contain all teachers on	50582
continuing contracts with a composite evaluation rating of	50583
accomplished.	50584

(2) Consistent with division (E) of this section, reductions	50585
in the affected area of licensure shall be made starting with	50586
teachers in category 1A and shall proceed sequentially through	50587
teachers in category 4B, until all necessary reductions have	50588
occurred.	50589

(3) The evaluation ratings specified in division (B)(1) of	50590
this section refer to composite evaluation ratings assigned to a	50591
teacher in accordance with the evaluation procedures adopted under	50592
section 3311.80 of the Revised Code.	50593

(C) On a case-by-case basis, in lieu of suspending a contract	50594
in whole, the board may suspend a contract in part, so that an	50595
individual is required to work a percentage of the time the	50596
employee otherwise is required to work under the contract and	50597
receives a commensurate percentage of the full compensation the	50598
employee otherwise would receive under the contract.	50599

(D) The teachers whose contracts are suspended by the board	50600
pursuant to this section shall have the right of restoration by	50601
the board if and when teaching positions become vacant or are	50602
created, for which the teachers are or become qualified within	50603
three years after the date of the suspension of contract.	50604
Consistent with division (E) of this section, the board shall	50605
rehire teachers in the affected area of licensure starting with	50606
teachers in category 4B and shall proceed sequentially through	50607
teachers in category 1A, until all vacant positions have been	50608
filled. No teacher whose contract has been suspended pursuant to	50609
this section shall lose the right of restoration by reason of	50610
having declined recall to a position that is less than full-time	50611
or, if the teacher was not employed full-time just prior to	50612
suspension of the teacher's continuing contract, to a position	50613
requiring a lesser percentage of full-time employment than the	50614
position the teacher last held while employed in the district.	50615

(E)(1) Notwithstanding any provision to the contrary in	50616
Chapter 4117. of the Revised Code, the requirements of this	50617
section prevail over any conflicting provisions of a collective	50618
bargaining agreement entered into on or after ~~the effective date~~	50619
~~of this section~~October 1, 2012. However, the board and the	50620
teachers' labor organization shall negotiate how specialized	50621
training and experience will be factored into reduction in force	50622
and recall decisions regardless of the categories prescribed by	50623
division (B) of this section. In addition, the board and the	50624
teachers' labor organization may negotiate additional factors to	50625
be considered in determining the order of reductions, which	50626
factors shall not be inconsistent with division (B) of this	50627
section.	50628

(2) After applying specialized training and experience and	50629
any other negotiated factors, teachers within the same category	50630
prescribed by division (B) of this section shall be given	50631
preference based on seniority.	50632

Sec. 3311.86. (A) As used in this section:

50633

(1) "Alliance" means a municipal school district	50634
transformation alliance established as a nonprofit corporation.	50635

(2) "Alliance municipal school district" means a municipal	50636
school district for which an alliance has been created under this	50637
section.	50638

(3) "Partnering community school" means a community school	50639
established under Chapter 3314. of the Revised Code that is	50640
located within the territory of a municipal school district and	50641
that either is sponsored by the district or is a party to an	50642
agreement with the district whereby the district and the community	50643
school endorse each other's programs.	50644

(4) "Transformation alliance education plan" means a plan	50645
prepared by the mayor, and confirmed by the alliance, to transform	50646
public education in the alliance municipal school district to a	50647
system of municipal school district schools and partnering	50648
community schools that will be held to the highest standards of	50649
school performance and student achievement.	50650

(B) If one or more partnering community schools are located	50651
in a municipal school district, the mayor may initiate proceedings	50652
to establish a municipal school district transformation alliance	50653
as a nonprofit corporation under Chapter 1702. of the Revised	50654
Code. The mayor shall have sole authority to appoint the directors	50655
of any alliance created under this section. The directors of the	50656
alliance shall include representatives of all of the following:	50657

(1) The municipal school district;

50658

(2) Partnering community schools;

50659

(3) Members of the community at large, including parents and	50660
educators;	50661

(4) The business community, including business leaders and	50662
foundation leaders.	50663

No one group listed in divisions (B)(1) to (4) of this	50664
section shall comprise a majority of the directors. The mayor	50665
shall be an ex officio director, and serve as the chairperson of	50666
the board of directors, of any alliance created under this	50667
section. If the proceedings are initiated, the mayor shall	50668
identify the directors in the articles of incorporation filed	50669
under section 1702.04 of the Revised Code.	50670

(C)(1) A majority of the members of the board of directors of	50671
the alliance shall constitute a quorum of the board. Any formal	50672
action taken by the board of directors shall take place at a	50673
meeting of the board and shall require the concurrence of a	50674
majority of the members of the board. Meetings of the board of	50675
directors shall be public meetings open to the public at all	50676
times, except that the board and its committees and subcommittees	50677
may hold an executive session, as if it were a public body with	50678
public employees, for any of the purposes for which an executive	50679
session of a public body is permitted under division (G) of	50680
section 121.22 of the Revised Code, notwithstanding that the	50681
alliance is not a public body as defined in that section, and its	50682
employees are not public employees as provided in division (F) of	50683
this section. The board of directors shall establish reasonable	50684
methods whereby any person may determine the time and place of all	50685
of the board's public meetings and by which any person, upon	50686
request, may obtain reasonable advance notification of the board's	50687
public meetings. Provisions for that advance notification may	50688
include, but are not limited to, mailing notices to all	50689
subscribers on a mailing list or mailing notices in	50690
self-addressed, stamped envelopes provided by the person.	50691

(2) All records of the alliance shall be organized and	50692
maintained by the alliance and also filed with the department of	50693
education. The alliance and the department shall make those	50694
records available to the public as though those records were	50695
public records for purposes of Chapter 149. of the Revised Code.	50696
The department shall promptly notify the alliance upon the	50697
department's receipt of any requests for records relating to the	50698
alliance pursuant to section 149.43 of the Revised Code.	50699

(3) The board of directors of the alliance shall establish a	50700
conflicts of interest policy and shall adopt that policy, and any	50701
amendments to the policy, at a meeting of the board held in	50702
accordance with this section.	50703

(D) If an alliance is created under this section, the	50704
alliance shall do all of the following:	50705

(1) Report annually on the performance of all municipal	50706
school district schools and all community schools established	50707
under Chapter 3314. of the Revised Code and located in the	50708
district, using the criteria adopted under division (B) of section	50709
3311.87 of the Revised Code;	50710

(2) Confirm and monitor implementation of the transformation	50711
alliance education plan;	50712

(3) Suggest national education models for and provide input	50713
in the development of new municipal school district schools and	50714
partnering community schools.	50715

(E) Divisions (E)(1) to (3) of this section apply to each	50716
community school sponsor that is subject to approval by the	50717
department of education under section 3314.015 of the Revised Code	50718
whose approval under that section is granted or renewed on or	50719
after ~~the effective date of this section~~October 1, 2012.	50720
Divisions (E)(1) to (3) of this section do not apply to a sponsor	50721
that has been approved by the department prior to that date, until	50722
the sponsor's approval is renewed or granted anew on or after that	50723
date.	50724

(1) Before a sponsor to which this section applies may	50725
sponsor new community schools in an alliance municipal school	50726
district, the sponsor shall request recommendation from the	50727
alliance to sponsor community schools in the district.	50728

(2) The alliance shall review the sponsor's application and	50729
shall make a recommendation based on the standards for sponsors	50730
developed under division (A)(2) of section 3311.87 of the Revised	50731
Code.	50732

(3) The department shall use the standards developed under	50733
division (A)(2) of section 3311.87 of the Revised Code, in	50734
addition to any other requirements of the Revised Code, to review	50735
a sponsor's request and make a final determination, on	50736
recommendation of the alliance, of whether the sponsor may sponsor	50737
new community schools in the alliance municipal school district.	50738

No sponsor shall be required to receive authorization to	50739
sponsor new community schools under division (E)(3) of this	50740
section more than one time.	50741

(F) Directors, officers, and employees of an alliance are not	50742
public employees or public officials, are not subject to Chapters	50743
124., 145., and 4117. of the Revised Code, and are not "public	50744
officials" or "public servants" as defined in section 2921.01 of	50745
the Revised Code. Membership on the board of directors of an	50746
alliance does not constitute the holding of an incompatible public	50747
office or employment in violation of any statutory or common law	50748
prohibition against the simultaneous holding of more than one	50749
public office or employment. Members of the board of directors of	50750
an alliance are not disqualified from holding any public office by	50751
reason of that membership, and do not forfeit by reason of that	50752
membership the public office or employment held when appointed to	50753
the board, notwithstanding any contrary disqualification or	50754
forfeiture requirement under the Revised Code or the common law of	50755
this state.	50756

(G) The authority to establish an alliance under this section	50757
expires on January 1, 2018. Any alliance established under this	50758
section is terminated, and any related authority granted to the	50759
alliance under this section expires on that date.	50760

Sec. 3312.08. Each fiscal agent selected by the department	50761
of education pursuant to section 3312.07 of the Revised Code shall	50762
do all of the following:	50763

(A) Enter into performance contracts with the department in	50764
accordance with section 3312.09 of the Revised Code for the	50765
implementation of state and regional education initiatives and	50766
school improvement efforts;	50767

(B) Receive federal and state funds, including federal funds	50768
for the provision of special education and related services, as	50769
specified in the performance contracts, and disburse those funds	50770
as specified in the performance contracts to educational service	50771
centers, information technology centers, and other regional	50772
service providers. However, any funds owed to an educational	50773
service center in accordance with an agreement entered into under	50774
section ~~3317.11~~3313.843, 3313.844, or 3313.845 of the Revised	50775
Code shall be paid directly to the service center by the	50776
department ~~in accordance with that section~~ and any operating funds	50777
appropriated for an information technology center shall be paid	50778
directly to the information technology center by the department	50779
pursuant to section 3301.075 of the Revised Code.	50780

(C) Implement any expenditure of funds recommended by the	50781
advisory council for the region pursuant to section 3312.04 of the	50782
Revised Code or required by the terms of any performance contract,	50783
unless there are insufficient funds available to the region to pay	50784
for the expenditure or the expenditure violates a provision of the	50785
Revised Code, a rule of the state board of education regarding	50786
such expenditure, or the terms of a performance contract;	50787

(D) Exercise fiscal oversight of the implementation of state	50788
and regional education initiatives and school improvement efforts.	50789

Sec. 3313.372. (A) As used in this section, "energy	50790
conservation measure" means an installation or modification of an	50791
installation in, or remodeling of, a building, to reduce energy	50792
consumption. It includes:	50793

(1) Insulation of the building structure and systems within	50794
the building;	50795

(2) Storm windows and doors, multiglazed windows and doors,	50796
heat absorbing or heat reflective glazed and coated window and	50797
door systems, additional glazing, reductions in glass area, and	50798
other window and door system modifications that reduce energy	50799
consumption;	50800

(3) Automatic energy control systems;

50801

(4) Heating, ventilating, or air conditioning system	50802
modifications or replacements;	50803

(5) Caulking and weatherstripping;

50804

(6) Replacement or modification of lighting fixtures to	50805
increase the energy efficiency of the system without increasing	50806
the overall illumination of a facility, unless such increase in	50807
illumination is necessary to conform to the applicable state or	50808
local building code for the proposed lighting system;	50809

(7) Energy recovery systems;

50810

(8) Cogeneration systems that produce steam or forms of	50811
energy such as heat, as well as electricity, for use primarily	50812
within a building or complex of buildings;	50813

(9) Any other modification, installation, or remodeling	50814
approved by the Ohio school facilities commission as an energy	50815
conservation measure.	50816

(B) A board of education of a city, exempted village, local,	50817
or joint vocational school district may enter into an installment	50818
payment contract for the purchase and installation of energy	50819
conservation measures. The provisions of such installment payment	50820
contracts dealing with interest charges and financing terms shall	50821
not be subject to the competitive bidding requirements of section	50822
3313.46 of the Revised Code, and shall be on the following terms:	50823

(1) Not less than one-fifteenth of the costs thereof shall be	50824
paid within two years from the date of purchase.	50825

(2) The remaining balance of the costs thereof shall be paid	50826
within fifteen years from the date of purchase.	50827

The provisions of any installment payment contract entered	50828
into pursuant to this section shall provide that all payments,	50829
except payments for repairs and obligations on termination of the	50830
contract prior to its expiration, be stated as a percentage of	50831
calculated energy, water, or waste water cost savings, avoided	50832
operating costs, and avoided capital costs attributable to the one	50833
or more measures over a defined period of time. Those payments	50834
shall be made only to the extent that the savings described in	50835
this division actually occur. The contractor shall warrant and	50836
guarantee that the energy conservation measures shall realize	50837
guaranteed savings and shall be responsible to pay an amount equal	50838
to any savings shortfall.	50839

An installment payment contract entered into by a board of	50840
education under this section shall require the board to contract	50841
in accordance with division (A) of section 3313.46 of the Revised	50842
Code for the installation, modification, or remodeling of energy	50843
conservation measures unless division (A) of section 3313.46 of	50844
the Revised Code does not apply pursuant to division (B)(3) of	50845
that section.	50846

(C) The board may issue the notes of the school district	50847
signed by the president and the treasurer of the board and	50848
specifying the terms of the purchase and securing the deferred	50849
payments provided in this section, payable at the times provided	50850
and bearing interest at a rate not exceeding the rate determined	50851
as provided in section 9.95 of the Revised Code. The notes may	50852
contain an option for prepayment and shall not be subject to	50853
Chapter 133. of the Revised Code. In the resolution authorizing	50854
the notes, the board may provide, without the vote of the electors	50855
of the district, for annually levying and collecting taxes in	50856
amounts sufficient to pay the interest on and retire the notes,	50857
except that the total net indebtedness of the district without a	50858
vote of the electors incurred under this and all other sections of	50859
the Revised Code, except section 3318.052 of the Revised Code,	50860
shall not exceed one per cent of the district's tax valuation.	50861
Revenues derived from local taxes or otherwise, for the purpose of	50862
conserving energy or for defraying the current operating expenses	50863
of the district, may be applied to the payment of interest and the	50864
retirement of such notes. The notes may be sold at private sale or	50865
given to the contractor under the installment payment contract	50866
authorized by division (B) of this section.	50867

(D) Debt incurred under this section shall not be included in	50868
the calculation of the net indebtedness of a school district under	50869
section 133.06 of the Revised Code.	50870

(E) No school district board shall enter into an installment	50871
payment contract under division (B) of this section unless it	50872
first obtains a report of the costs of the energy conservation	50873
measures and the savings thereof as described under division (G)	50874
of section 133.06 of the Revised Code as a requirement for issuing	50875
energy securities, makes a finding that the amount spent on such	50876
measures is not likely to exceed the amount of money it would save	50877
in energy costs and resultant operational and maintenance costs as	50878
described in that division, except that that finding shall cover	50879
the ensuing fifteen years, and the Ohio school facilities	50880
commission determines that the district board's findings are	50881
reasonable and approves the contract as described in that	50882
division.	50883

The district board shall monitor the savings and maintain a	50884
report of those savings, which shall be submitted to the	50885
commission in the same manner as required by division (G) of	50886
section 133.06 of the Revised Code in the case of energy	50887
securities.	50888

Sec. 3313.376. As used in this section, "client school	50889
district" ~~has the same meaning as in section 3317.11 of the~~	50890
~~Revised Code~~means a city, exempted village, or local school	50891
district that has entered into an agreement under section 3313.843	50892
or 3313.845 of the Revised Code to receive any services from an	50893
educational service center.	50894

For the purpose of obtaining quantity discounts in purchasing	50895
textbooks; computer equipment, including computer software; school	50896
buses; and natural gas, electricity, and other utility services,	50897
the governing boards of two or more educational service centers	50898
may enter into agreements, including installment purchase and	50899
lease-purchase contracts, to jointly purchase such commodities to	50900
be utilized by client school districts of the educational service	50901
centers.	50902

Sec. 3313.48. (A) The board of education of each city,	50903
exempted village, local, and joint vocational school district	50904
shall provide for the free education of the youth of school age	50905
within the district under its jurisdiction, at such places as will	50906
be most convenient for the attendance of the largest number	50907
thereof. ~~Except as provided in section 3313.481 of the Revised~~	50908
~~Code, each~~Each school so provided and each chartered nonpublic	50909
school shall be open for instruction with pupils in attendance,	50910
including scheduled classes, supervised activities, and approved	50911
education options but excluding lunch and breakfast periods and	50912
extracurricular activities, for not less than ~~one hundred~~	50913
~~eighty-two days~~four hundred fifty-five hours in the case of	50914
pupils in kindergarten unless such pupils are provided all-day	50915
kindergarten, as defined in section 3321.05 of the Revised Code,	50916
in which case the pupils shall be in attendance for nine hundred	50917
ten hours; nine hundred ten hours in the case of pupils in grades	50918
one through six; and one thousand one hours in the case of pupils	50919
in grades seven through twelve in each school year, which may	50920
include all of the following:	50921

~~(A)~~(1) Up to ~~four~~the equivalent of two school days per year	50922
~~in which classes are dismissed one-half day early or the~~	50923
~~equivalent amount of time during a different number of days~~during	50924
which pupils would otherwise be in attendance but are not required	50925
to attend for the purpose of individualized parent-teacher	50926
conferences and reporting periods;	50927

~~(B)~~(2) Up to the equivalent of two school days per year	50928
during which pupils would otherwise be in attendance but are not	50929
required to attend for professional meetings of teachers ~~when such~~	50930
~~days occur during a regular school week and schools are not in~~	50931
~~session~~;	50932

~~(C) The number of days the school is closed as a result of~~	50933
~~public calamity, as provided in section 3317.01 of the Revised~~	50934
~~Code~~(3) Morning and afternoon recess periods of not more than	50935
fifteen minutes duration per period for pupils in grades	50936
kindergarten through six.	50937

~~The state board of education shall adopt standards for~~	50938
~~defining "school day" as used in sections 3313.48 and 3317.01 of~~	50939
~~the Revised Code.~~	50940

~~Except as otherwise provided in this section, each day for~~	50941
~~grades seven through twelve shall consist of not less than five~~	50942
~~clock hours with pupils in attendance, except in such emergency~~	50943
~~situations, including lack of classroom space, as are approved by~~	50944
~~the state board of education. Except as otherwise provided in this~~	50945
~~section, each day for grades one through six shall consist of not~~	50946
~~less than five clock hours with pupils in attendance which may~~	50947
~~include fifteen minute morning and afternoon recess periods,~~	50948
~~except in such emergency situations, including lack of classroom~~	50949
~~space, as are approved by the state board of education.~~	50950

(B) Not later than thirty days prior to adopting a school	50951
calendar, the board of education of each city, exempted village,	50952
and local school district shall hold a public hearing on the	50953
school calendar, addressing topics that include, but are not	50954
limited to, the total number of hours in a school year, length of	50955
school day, and beginning and end dates of instruction.	50956

(C) No school operated by a city, exempted village, local, or	50957
joint vocational school district shall reduce the number of hours	50958
in each school year that the school is scheduled to be open for	50959
instruction from the number of hours per year the school was open	50960
for instruction during the previous school year unless the	50961
reduction is approved by a resolution adopted by the district	50962
board of education. Any reduction so approved shall not result in	50963
fewer hours of instruction per school year than the applicable	50964
number of hours required under division (A) of this section.	50965

(D) Prior to making any change in the hours or days in which	50966
a high school under its jurisdiction is open for instruction, the	50967
board of education of each city, exempted village, and local	50968
school district shall consider the compatibility of the proposed	50969
change with the scheduling needs of any joint vocational school	50970
district in which any of the high school's students are also	50971
enrolled. The board shall consider the impact of the proposed	50972
change on student access to the instructional programs offered by	50973
the joint vocational school district, incentives for students to	50974
participate in career-technical education, transportation, and the	50975
timing of graduation. The board shall provide the joint vocational	50976
school district board with advance notice of the proposed change	50977
and the two boards shall enter into a written agreement	50978
prescribing reasonable accommodations to meet the scheduling needs	50979
of the joint vocational school district prior to implementation of	50980
the change.	50981

(E) Prior to making any change in the hours or days in which	50982
a school under its jurisdiction is open for instruction, the board	50983
of education of each city, exempted village, and local school	50984
district shall consider the compatibility of the proposed change	50985
with the scheduling needs of any community school established	50986
under Chapter 3314. of the Revised Code to which the district is	50987
required to transport students under sections 3314.09 and 3327.01	50988
of the Revised Code. The board shall consider the impact of the	50989
proposed change on student access to the instructional programs	50990
offered by the community school, transportation, and the timing of	50991
graduation. The board shall provide the sponsor, governing	50992
authority, and operator of the community school with advance	50993
notice of the proposed change, and the board and the governing	50994
authority, or operator if such authority is delegated to the	50995
operator, shall enter into a written agreement prescribing	50996
reasonable accommodations to meet the scheduling needs of the	50997
community school prior to implementation of the change.	50998

(F) Prior to making any change in the hours or days in which	50999
the schools under its jurisdiction are open for instruction, the	51000
board of education of each city, exempted village, and local	51001
school district shall consult with the chartered nonpublic schools	51002
to which the district is required to transport students under	51003
section 3327.01 of the Revised Code and shall consider the effect	51004
of the proposed change on the schedule for transportation of those	51005
students to their nonpublic schools. The governing authority of a	51006
chartered nonpublic school shall consult with each school district	51007
board of education that transports students to the chartered	51008
nonpublic school under section 3327.01 of the Revised Code prior	51009
to making any change in the hours or days in which the nonpublic	51010
school is open for instruction.	51011

(G) The state board of education shall not adopt or enforce	51012
any rule or standard that imposes on chartered nonpublic schools	51013
the procedural requirements imposed on school districts by	51014
divisions (B), (C), (D), and (E) of this section.	51015

Sec. 3313.481. Wherever in Title XXXIII of the Revised Code	51016
the term "school day" is used, unless otherwise specified, that	51017
term shall be construed to mean the time during a calendar day	51018
that a school is open for instruction pursuant to the schedule	51019
adopted by the board of education of the school district or the	51020
governing authority of the chartered nonpublic school in	51021
accordance with section 3313.48 of the Revised Code.	51022

Sec. 3313.483. (A) A board of education, upon the adoption	51023
of a resolution stating that it may be financially unable to open	51024
on the day or to remain open for instruction on all days set forth	51025
in its adopted school calendar and pay all obligated expenses, or	51026
the superintendent of public instruction upon the issuance of	51027
written notification under division (B) of section 3313.489 of the	51028
Revised Code, shall request the auditor of state to determine	51029
whether such situation exists. The auditor shall deliver a copy of	51030
each request from a board of education to the superintendent of	51031
public instruction. In the case of a school district not under a	51032
fiscal emergency pursuant to Chapter 3316. of the Revised Code the	51033
auditor shall not issue a finding under this section until written	51034
notification is received from the superintendent pursuant to	51035
section 3313.487 of the Revised Code.	51036

(B) If the auditor of state finds that the board of education	51037
has attempted to avail itself to the fullest extent authorized by	51038
law of all lawful revenue sources available to it except those	51039
authorized by section 5705.21 of the Revised Code, the auditor	51040
shall certify that finding to the superintendent of public	51041
instruction and the state board of education and shall certify the	51042
operating deficit the district will have at the end of the fiscal	51043
year if it commences or continues operating its instructional	51044
program in accordance with its adopted school calendar and pays	51045
all obligated expenses.	51046

(C) No board of education may delay the opening of its	51047
schools or close its schools for financial reasons. Upon the	51048
request of the superintendent of public instruction, the attorney	51049
general shall seek injunctive relief and any other relief required	51050
to enforce this prohibition in the court of common pleas of	51051
Franklin county. The court of common pleas of Franklin county has	51052
exclusive original jurisdiction over all such actions.	51053

(D) Upon the receipt of any certification of an operating	51054
deficit from the auditor of state, a board of education shall make	51055
application to a commercial bank, underwriter, or other	51056
prospective lender or purchaser of its obligations for a loan in	51057
an amount sufficient to enable the district to open or remain open	51058
for instruction on all days set forth in its adopted school	51059
calendar but not to exceed the amount of the deficit certified.	51060

(E)(1) Any board of education that has applied for and been	51061
denied a loan from a commercial bank, underwriter, or other	51062
prospective lender or purchaser of its obligations pursuant to	51063
division (D) of this section shall submit to the superintendent of	51064
public instruction a plan for implementing reductions in the	51065
school district's budget; apply for a loan from a commercial bank,	51066
underwriter, or other prospective lender or purchaser of its	51067
obligations in an amount not to exceed its certified deficit; and	51068
provide the superintendent such information as the superintendent	51069
requires concerning its application for such a loan. The board of	51070
education of a school district declared to be under a fiscal watch	51071
pursuant to division (A) of section 3316.03 of the Revised Code	51072
may, upon approval of the superintendent, utilize the financial	51073
plan required by section 3316.04 of the Revised Code, or	51074
applicable parts thereof, as the plan required under this	51075
division. The board of education of a school district declared to	51076
be under a fiscal emergency pursuant to division (B) of section	51077
3316.03 of the Revised Code may utilize the financial recovery	51078
plan for the district, or applicable parts thereof, as the plan	51079
required under this division. Except for the plan of a school	51080
district under a fiscal emergency, the superintendent shall	51081
evaluate, make recommendations concerning, and approve or	51082
disapprove each plan. When a plan is submitted, the superintendent	51083
shall immediately notify the members of the general assembly whose	51084
legislative districts include any or all of the territory of the	51085
school district submitting the plan.	51086

(2) The superintendent shall submit to the controlling board	51087
a copy of each plan the superintendent approves, or each plan	51088
submitted by a district under a fiscal emergency pursuant to	51089
division (B) of section 3316.03 of the Revised Code, and the	51090
general terms of each proposed loan, and shall make	51091
recommendations regarding the plan and whether a proposed loan to	51092
the board of education should be approved for payment as provided	51093
in division (E)(3) of this section. The controlling board shall	51094
approve or disapprove the plan and the proposed loan presented to	51095
it by the superintendent. In the case of a district not under a	51096
fiscal emergency pursuant to division (B) of section 3316.03 of	51097
the Revised Code, the controlling board may require a board of	51098
education to implement the superintendent's recommendations for	51099
expenditure reductions or impose other requirements. Loan	51100
repayments shall be in accordance with a schedule approved by the	51101
superintendent, except that the principal amount of the loan shall	51102
be payable in monthly, semiannual, or annual installments of	51103
principal and interest that are substantially equal principal and	51104
interest installments. Except as otherwise provided in division	51105
(E)(2) of this section, repayment shall be made no later than the	51106
fifteenth day of June of the second fiscal year following the	51107
approval of the loan. A school district with a certified deficit	51108
in excess of either twenty-five million dollars or fifteen per	51109
cent of the general fund expenditures of the district during the	51110
fiscal year shall repay the loan no later than the fifteenth day	51111
of June of the tenth fiscal year following the approval of the	51112
loan. In deciding whether to approve or disapprove a proposed	51113
loan, the controlling board shall consider the deficit certified	51114
by the auditor of state pursuant to this section. A board of	51115
education that has an outstanding loan approved pursuant to this	51116
section with a repayment date of more than two fiscal years after	51117
the date of approval of such loan may not apply for another loan	51118
with such a repayment date until the outstanding loan has been	51119
repaid.	51120

(3) If a board of education has submitted and received	51121
controlling board approval of a plan and proposed loan in	51122
accordance with this section, the superintendent of public	51123
instruction shall report to the controlling board the actual	51124
amounts loaned to the board of education. Such board of education	51125
shall request the superintendent to pay any funds the board of	51126
education would otherwise receive pursuant to Chapter 3306. of the	51127
Revised Code first directly to the holders of the board of	51128
education's notes, or an agent thereof, such amounts as are	51129
specified under the terms of the loan. Such payments shall be made	51130
only from and to the extent of money appropriated by the general	51131
assembly for purposes of such sections. No note or other	51132
obligation of the board of education under the loan constitutes an	51133
obligation nor a debt or a pledge of the faith, credit, or taxing	51134
power of the state, and the holder or owner of such note or	51135
obligation has no right to have taxes levied by the general	51136
assembly for the payment of such note or obligation, and such note	51137
or obligation shall contain a statement to that effect.	51138

(4) Pursuant to the terms of such a loan, a board of	51139
education may issue its notes in anticipation of the collection of	51140
its voted levies for current expenses or its receipt of such state	51141
funds or both. Such notes shall be issued in accordance with	51142
division (E) of section 133.10 of the Revised Code and constitute	51143
Chapter 133. securities to the extent such division and the	51144
otherwise applicable provisions of Chapter 133. of the Revised	51145
Code are not inconsistent with this section, provided that in any	51146
event sections 133.24 and 5705.21 and divisions (A), (B), (C), and	51147
(E)(2) of section 133.10 of the Revised Code do not apply to such	51148
notes.	51149

(5) Notwithstanding section 133.36 or 3313.17, any other	51150
section of the Revised Code, or any other provision of law, a	51151
board of education that has received a loan under this section may	51152
not declare bankruptcy, so long as any portion of such loan	51153
remains unpaid.	51154

(F) Under this section and ~~sections~~section 3313.4810 ~~and~~	51155
~~3313.4811~~, "board of education" or "district board" includes the	51156
financial planning and supervision commission of a school district	51157
under a fiscal emergency pursuant to Chapter 3316. of the Revised	51158
Code where such commission chooses to exercise the powers and	51159
duties otherwise required of the district board of education under	51160
this section and ~~sections~~section 3313.4810 ~~and 3313.4811~~ of the	51161
Revised Code.	51162

Sec. 3313.484. No loan shall be approved under sections	51163
3313.483 to ~~3313.4811~~3313.4810 of the Revised Code after March 1,	51164
1998.	51165

By the last day of June each year, the department of	51166
education shall calculate and pay a subsidy to every school	51167
district that during the current fiscal year paid and was	51168
obligated to pay interest on a loan under sections 3313.483 to	51169
~~3313.4811~~3313.4810 of the Revised Code in excess of two per cent	51170
simple interest. The amount of the subsidy shall equal the	51171
difference between the amount of interest the district paid and	51172
was obligated to pay during the year and the interest that the	51173
district would have been obligated to pay if the interest rate on	51174
the loan had been two per cent per year.	51175

Sec. 3313.488. (A) Within fifteen days ofafter the date a	51176
~~board of education requests that its school district be made~~	51177
~~subject to this section as authorized by section 3317.62 of the~~	51178
~~Revised Code, or~~ the state board of education ~~has issued~~issues an	51179
order under section 3313.487 of the Revised Code making a school	51180
district subject to this section, the district's board of	51181
education shall prepare a fiscal statement of expenses and	51182
expenditures for the remainder of the current fiscal year. The	51183
fiscal statement shall be submitted to the superintendent of	51184
public instruction and shall set forth all revenues to be received	51185
by the district during the remainder of the fiscal year and their	51186
sources, the expenses to be incurred by the district during the	51187
remainder of the fiscal year, the outstanding and unpaid expenses	51188
at the time the fiscal statement is prepared and the date or dates	51189
by which such expenses must be paid, and such other information as	51190
the superintendent requires to enable the superintendent to ensure	51191
that during the remainder of the fiscal year, the district will	51192
not incur any expenses that will further impair its ability to	51193
operate an instructional program that meets or exceeds the minimum	51194
standards of the state board of education and requirements of the	51195
Revised Code during the current and ensuing fiscal years with the	51196
revenue available to it from existing revenue sources. The fiscal	51197
statement shall be presented in such detail and form as the	51198
superintendent prescribes. Beginning the tenth day after the	51199
fiscal statement is submitted and for the remainder of the fiscal	51200
year, the board shall not make any expenditure of money, make any	51201
employment, purchase, or rental contract, give any order involving	51202
the expenditure of money, or increase any wage or salary schedule	51203
unless the superintendent of public instruction has approved the	51204
fiscal statement in writing and the expenditure, contract, order,	51205
or schedule has been approved in writing by the superintendent as	51206
being in conformity with the fiscal statement.	51207

Any contract or expenditure made, order given, or schedule	51208
adopted or put into effect without the written approval of the	51209
superintendent of public instruction is void, and no warrant shall	51210
be issued in payment of any amount due thereon.	51211

(B) A board of education subject to division (A) of this	51212
section shall prepare a fiscal statement of expenses and	51213
expenditures for the ensuing fiscal year. The fiscal statement	51214
shall be submitted to the superintendent of public instruction and	51215
shall set forth all revenues to be received by the district during	51216
such year and their source, the expenses to be incurred by the	51217
district during such year, the outstanding and unpaid expenses on	51218
the first day of such fiscal year, the date or dates by which such	51219
expenses must be paid, and such other information as the	51220
superintendent requires to enable the superintendent to ensure	51221
that during such year, the district will not incur any expenses	51222
that will further impair its ability to operate an instructional	51223
program that meets or exceeds the minimum standards of the state	51224
board of education and requirements of the Revised Code during	51225
such year with the revenue available to it from existing revenue	51226
sources. The fiscal statement shall be presented at the time and	51227
in such detail and form as the superintendent prescribes. During	51228
the fiscal year following the year in which a board of education	51229
first becomes subject to division (A) of this section it shall not	51230
make any expenditure of money, make any employment, purchase, or	51231
rental contract, give any order involving the expenditure of	51232
money, or increase any wage or salary schedule unless the	51233
superintendent of public instruction has approved the fiscal	51234
statement submitted under this division in writing and has	51235
approved the expenditure, contract, order, or schedule in writing	51236
as being in conformity with the fiscal statement.	51237

Any contract or expenditure made, order given, or schedule	51238
adopted or put into effect without the written approval of the	51239
superintendent of public instruction is void, and no warrant shall	51240
be issued in payment of any amount due thereon.	51241

(C) The state board of education shall examine any fiscal	51242
statement presented to and approved by the superintendent of	51243
public instruction under division (B) of this section and shall	51244
determine whether the data set forth in the fiscal statement are	51245
factual and based upon assumptions that in its judgment are	51246
reasonable expectations consistent with acceptable governmental	51247
budget and accounting practices. If the state board so determines	51248
and finds that the revenues and expenditures in the fiscal	51249
statement are in balance for the fiscal year and the fiscal	51250
statement will enable the district to operate during such year	51251
without interrupting its school calendar, it shall certify its	51252
determination and finding to the district at least thirty days	51253
prior to the beginning of the fiscal year, and the district shall	51254
thereupon cease to be subject to this section. If the state board	51255
does not make such a determination and finding, the board of	51256
education and school district are subject to this division and	51257
division (B) of this section in the ensuing fiscal year and each	51258
fiscal year thereafter until the state board makes a	51259
determination, finding, and certification under this division.	51260

(D) Any officer, employee, or other person who knowingly	51261
expends or authorizes the expenditure of any public funds or	51262
knowingly authorizes or executes any contract, order, or schedule	51263
contrary to division (A) or (B) of this section or who knowingly	51264
expends or authorizes the expenditure of any public funds on any	51265
such void contract, order, or schedule is jointly and severally	51266
liable in person and upon any official bond that the officer,	51267
employee, or other person has given to such school district to the	51268
extent of any payments on the void claim, not to exceed twenty	51269
thousand dollars. The attorney general at the written request of	51270
the superintendent of public instruction shall enforce this	51271
liability by civil action brought in any court of appropriate	51272
jurisdiction in the name of and on behalf of the school district.	51273

(E) During each month that a board of education is subject to	51274
division (A), (B), or (C) of this section, the superintendent of	51275
public instruction shall submit a report to the speaker of the	51276
house of representatives and the president of the senate on the	51277
financial condition of the school district. The report shall	51278
contain the date by which the superintendent anticipates the	51279
district will cease to be subject to such divisions, the	51280
district's plans for becoming exempt from such section, and such	51281
other information the superintendent determines appropriate or the	51282
speaker of the house of representatives or president of the senate	51283
requests.	51284

In addition to the other reports required under this	51285
division, on the thirty-first day of each school district fiscal	51286
year following a fiscal year in which a school district first	51287
becomes subject to this section, the superintendent shall submit a	51288
written report to the speaker of the house of representatives and	51289
the president of the senate. The report shall include	51290
recommendations to the general assembly for strengthening the	51291
financial condition of school districts based upon the experiences	51292
of the superintendent and the state board in exercising their	51293
powers under this section and sections 3313.483 and 3313.487 of	51294
the Revised Code.	51295

(F) This section does not apply to a school district declared	51296
to be under a fiscal emergency pursuant to division (B) of section	51297
3316.03 of the Revised Code.	51298

Sec. 3313.4810. Any school district receiving a loan under	51299
section 3313.483 ~~or 3317.64~~ of the Revised Code in excess of seven	51300
per cent of the general fund expenditures of the district during	51301
the fiscal year in which the loan is received and that has	51302
received a loan under that section within the last five years is	51303
subject to section 3313.488 of the Revised Code for the duration	51304
of the fiscal year in which the district receives the loan and	51305
during the ensuing two fiscal years. The controlling board may not	51306
relieve a school district to which this section applies from any	51307
requirements imposed under section 3313.483 ~~or 3317.64~~ of the	51308
Revised Code to implement recommendations of the superintendent of	51309
public instruction for expenditure reduction and may not modify	51310
any other requirements imposed under such section upon such a	51311
district as a condition for receiving the loan unless expressly	51312
authorized to do so by law. The superintendent of public	51313
instruction shall, among any recommendations hethe superintendent	51314
makes for expenditure reduction under section 3313.483 ~~or 3317.63~~	51315
of the Revised Code affecting the number of employees of a school	51316
district to which this section applies, provide wherever possible	51317
for the retention of teachers who are actually involved in the	51318
daily teaching of students in the classroom.	51319

Sec. 3313.533. (A) The board of education of a city,	51320
exempted village, or local school district may adopt a resolution	51321
to establish and maintain an alternative school in accordance with	51322
this section. The resolution shall specify, but not necessarily be	51323
limited to, all of the following:	51324

(1) The purpose of the school, which purpose shall be to	51325
serve students who are on suspension, who are having truancy	51326
problems, who are experiencing academic failure, who have a	51327
history of class disruption, who are exhibiting other academic or	51328
behavioral problems specified in the resolution, or who have been	51329
discharged or released from the custody of the department of youth	51330
services under section 5139.51 of the Revised Code;	51331

(2) The grades served by the school, which may include any of	51332
grades kindergarten through twelve;	51333

(3) A requirement that the school be operated in accordance	51334
with this section. The board of education adopting the resolution	51335
under division (A) of this section shall be the governing board of	51336
the alternative school. The board shall develop and implement a	51337
plan for the school in accordance with the resolution establishing	51338
the school and in accordance with this section. Each plan shall	51339
include, but not necessarily be limited to, all of the following:	51340

(a) Specification of the reasons for which students will be	51341
accepted for assignment to the school and any criteria for	51342
admission that are to be used by the board to approve or	51343
disapprove the assignment of students to the school;	51344

(b) Specification of the criteria and procedures that will be	51345
used for returning students who have been assigned to the school	51346
back to the regular education program of the district;	51347

(c) An evaluation plan for assessing the effectiveness of the	51348
school and its educational program and reporting the results of	51349
the evaluation to the public.	51350

(B) Notwithstanding any provision of Title XXXIII of the	51351
Revised Code to the contrary, the alternative school plan may	51352
include any of the following:	51353

(1) A requirement that on each school day students must	51354
attend school or participate in other programs specified in the	51355
plan or by the chief administrative officer of the school for a	51356
period equal to the minimum school day set by the ~~state~~ board of	51357
education under section 3313.48 of the Revised Code plus any	51358
additional time required in the plan or by the chief	51359
administrative officer;	51360

(2) Restrictions on student participation in extracurricular	51361
or interscholastic activities;	51362

(3) A requirement that students wear uniforms prescribed by	51363
the district board of education.	51364

(C) In accordance with the alternative school plan, the	51365
district board of education may employ teachers and nonteaching	51366
employees necessary to carry out its duties and fulfill its	51367
responsibilities or may contract with a nonprofit or for profit	51368
entity to operate the alternative school, including the provision	51369
of personnel, supplies, equipment, or facilities.	51370

(D) An alternative school may be established in all or part	51371
of a school building.	51372

(E) If a district board of education elects under this	51373
section, or is required by section 3313.534 of the Revised Code,	51374
to establish an alternative school, the district board may join	51375
with the board of education of one or more other districts to form	51376
a joint alternative school by forming a cooperative education	51377
school district under section 3311.52 or 3311.521 of the Revised	51378
Code, or a joint educational program under section 3313.842 of the	51379
Revised Code. The authority to employ personnel or to contract	51380
with a nonprofit or for profit entity under division (C) of this	51381
section applies to any alternative school program established	51382
under this division.	51383

(F) Any individual employed as a teacher at an alternative	51384
school operated by a nonprofit or for profit entity under this	51385
section shall be licensed and shall be subject to background	51386
checks, as described in section 3319.39 of the Revised Code, in	51387
the same manner as an individual employed by a school district.	51388

(G) Division (G) of this section applies only to any	51389
alternative school that is operated by a nonprofit or for profit	51390
entity under contract with the school district.	51391

(1) In addition to the specifications authorized under	51392
division (B) of this section, any plan adopted under that division	51393
for an alternative school to which division (G) of this section	51394
also applies shall include the following:	51395

(a) A description of the educational program provided at the	51396
alternative school, which shall include:	51397

(i) Provisions for the school to be configured in clusters or	51398
small learning communities;	51399

(ii) Provisions for the incorporation of education technology	51400
into the curriculum;	51401

(iii) Provisions for accelerated learning programs in reading	51402
and mathematics.	51403

(b) A method to determine the reading and mathematics level	51404
of each student assigned to the alternative school and a method to	51405
continuously monitor each student's progress in those areas. The	51406
methods employed under this division shall be aligned with the	51407
curriculum adopted by the school district board of education under	51408
section 3313.60 of the Revised Code.	51409

(c) A plan for social services to be provided at the	51410
alternative school, such as, but not limited to, counseling	51411
services, psychological support services, and enrichment programs;	51412

(d) A plan for a student's transition from the alternative	51413
school back to a school operated by the school district;	51414

(e) A requirement that the alternative school maintain	51415
financial records in a manner that is compatible with the form	51416
prescribed for school districts by the auditor of state to enable	51417
the district to comply with any rules adopted by the auditor of	51418
state.	51419

(2) Notwithstanding division (A)(2) of this section, any	51420
alternative school to which division (G) of this section applies	51421
shall include only grades six through twelve.	51422

(3) Notwithstanding anything in division (A)(3)(a) of this	51423
section to the contrary, the characteristics of students who may	51424
be assigned to an alternative school to which division (G) of this	51425
section applies shall include only disruptive and low-performing	51426
students.	51427

(H) When any district board of education determines to	51428
contract with a nonprofit or for profit entity to operate an	51429
alternative school under this section, the board shall use the	51430
procedure set forth in this division.	51431

(1) The board shall publish notice of a request for proposals	51432
in a newspaper of general circulation in the district once each	51433
week for a period of two consecutive weeks, or as provided in	51434
section 7.16 of the Revised Code, prior to the date specified by	51435
the board for receiving proposals. Notices of requests for	51436
proposals shall contain a general description of the subject of	51437
the proposed contract and the location where the request for	51438
proposals may be obtained. The request for proposals shall include	51439
all of the following information:	51440

(a) Instructions and information to respondents concerning	51441
the submission of proposals, including the name and address of the	51442
office where proposals are to be submitted;	51443

(b) Instructions regarding communications, including at least	51444
the names, titles, and telephone numbers of persons to whom	51445
questions concerning a proposal may be directed;	51446

(c) A description of the performance criteria that will be	51447
used to evaluate whether a respondent to which a contract is	51448
awarded is meeting the district's educational standards or the	51449
method by which such performance criteria will be determined;	51450

(d) Factors and criteria to be considered in evaluating	51451
proposals, the relative importance of each factor or criterion,	51452
and a description of the evaluation procedures to be followed;	51453

(e) Any terms or conditions of the proposed contract,	51454
including any requirement for a bond and the amount of such bond;	51455

(f) Documents that may be incorporated by reference into the	51456
request for proposals, provided that the request for proposals	51457
specifies where such documents may be obtained and that such	51458
documents are readily available to all interested parties.	51459

(2) After the date specified for receiving proposals, the	51460
board shall evaluate the submitted proposals and may hold	51461
discussions with any respondent to ensure a complete understanding	51462
of the proposal and the qualifications of such respondent to	51463
execute the proposed contract. Such qualifications shall include,	51464
but are not limited to, all of the following:	51465

(a) Demonstrated competence in performance of the required	51466
services as indicated by effective implementation of educational	51467
programs in reading and mathematics and at least three years of	51468
experience successfully serving a student population similar to	51469
the student population assigned to the alternative school;	51470

(b) Demonstrated performance in the areas of cost	51471
containment, the provision of educational services of a high	51472
quality, and any other areas determined by the board;	51473

(c) Whether the respondent has the resources to undertake the	51474
operation of the alternative school and to provide qualified	51475
personnel to staff the school;	51476

(d) Financial responsibility.

51477

(3) The board shall select for further review at least three	51478
proposals from respondents the board considers qualified to	51479
operate the alternative school in the best interests of the	51480
students and the district. If fewer than three proposals are	51481
submitted, the board shall select each proposal submitted. The	51482
board may cancel a request for proposals or reject all proposals	51483
at any time prior to the execution of a contract.	51484

The board may hold discussions with any of the three selected	51485
respondents to clarify or revise the provisions of a proposal or	51486
the proposed contract to ensure complete understanding between the	51487
board and the respondent of the terms under which a contract will	51488
be entered. Respondents shall be accorded fair and equal treatment	51489
with respect to any opportunity for discussion regarding	51490
clarifications or revisions. The board may terminate or	51491
discontinue any further discussion with a respondent upon written	51492
notice.	51493

(4) Upon further review of the three proposals selected by	51494
the board, the board shall award a contract to the respondent the	51495
board considers to have the most merit, taking into consideration	51496
the scope, complexity, and nature of the services to be performed	51497
by the respondent under the contract.	51498

(5) Except as provided in division (H)(6) of this section,	51499
the request for proposals, submitted proposals, and related	51500
documents shall become public records under section 149.43 of the	51501
Revised Code after the award of the contract.	51502

(6) Any respondent may request in writing that the board not	51503
disclose confidential or proprietary information or trade secrets	51504
contained in the proposal submitted by the respondent to the	51505
board. Any such request shall be accompanied by an offer of	51506
indemnification from the respondent to the board. The board shall	51507
determine whether to agree to the request and shall inform the	51508
respondent in writing of its decision. If the board agrees to	51509
nondisclosure of specified information in a proposal, such	51510
information shall not become a public record under section 149.43	51511
of the Revised Code. If the respondent withdraws its proposal at	51512
any time prior to the execution of a contract, the proposal shall	51513
not be a public record under section 149.43 of the Revised Code.	51514

(I) Upon a recommendation from the department and in	51515
accordance with section 3301.16 of the Revised Code, the state	51516
board of education may revoke the charter of any alternative	51517
school operated by a school district that violates this section.	51518

Sec. 3313.537. (A) As used in this section, "extracurricular	51519
activity" means a pupil activity program that a school or school	51520
district operates and is not included in the school district's	51521
graded course of study, including an interscholastic	51522
extracurricular activity that a school or school district sponsors	51523
or participates in and that has participants from more than one	51524
school or school district.	51525

(B)(1) A student in grades seven to twelve who is enrolled in	51526
a community school established under Chapter 3314. of the Revised	51527
Code that is sponsored by the city, local, or exempted village	51528
school district in which the student is entitled to attend school	51529
pursuant to section 3313.64 or 3313.65 of the Revised Code shall	51530
be afforded the opportunity to participate in any extracurricular	51531
activities offered at the traditional public school that is	51532
operated by the school district and to which the student otherwise	51533
would be assigned. If more than one such school operated by the	51534
school district serves the student's grade level, the student	51535
shall be afforded the opportunity to participate in any	51536
extracurricular activities offered at the school to which the	51537
student would be assigned by the district superintendent pursuant	51538
to section 3319.01 of the Revised Code.	51539

(2) A student who is enrolled in a science, technology,	51540
engineering, and mathematics school established under Chapter	51541
3326. of the Revised Code shall not be ~~afforded the opportunity to~~	51542
~~participate~~prohibited from participating in any extracurricular	51543
activities offered at the traditional public school that is	51544
operated by the school district in which the student is entitled	51545
to attend school pursuant to section 3313.64 or 3313.65 of the	51546
Revised Code and to which the student otherwise would be assigned.	51547
If more than one such school operated by the school district	51548
serves the student's grade level, the student shall be afforded	51549
the opportunity to participate in any extracurricular activities	51550
offered at the school to which the student would be assigned by	51551
the district superintendent pursuant to section 3319.01 of the	51552
Revised Code.	51553

(C) In order to participate in any extracurricular activity	51554
under this section, the student shall fulfill the same academic,	51555
nonacademic, and financial requirements as any other participant,	51556
including the rules and policies adopted by the school district	51557
under section 3313.535 of the Revised Code. The school district	51558
board of education may require a community school student to	51559
enroll and participate in no more than one academic course at the	51560
school offering the extracurricular activity as a condition to	51561
participating in the activity. In that case, the board shall admit	51562
students seeking to enroll in an academic course to fulfill the	51563
requirement as space allows after first enrolling students	51564
assigned to that school.	51565

(D) No school district board of education shall take any	51566
action contrary to the provisions of this section.	51567

(E) No school or school district shall impose fees for a	51568
student to participate under this section that exceed any fees	51569
charged to other students participating in the same	51570
extracurricular activity.	51571

~~(E)~~(F) No school district, interscholastic conference, or	51572
organization that regulates interscholastic conferences or events	51573
shall require a student who is eligible to participate in	51574
extracurricular activities under this section to meet eligibility	51575
requirements that conflict with this section.	51576

Sec. 3313.539. (A) As used in this section~~, "physician"~~:

51577

"Physician" means a person authorized under Chapter 4731. of	51578
the Revised Code to practice medicine and surgery or osteopathic	51579
medicine and surgery.	51580

"Chiropractor" means a person licensed under Chapter 4734. of	51581
the Revised Code to practice chiropractic.	51582

(B) No school district board of education or governing	51583
authority of a chartered or nonchartered nonpublic school shall	51584
permit a student to practice for or compete in interscholastic	51585
athletics until the student has submitted, to a school official	51586
designated by the board or governing authority, a form signed by	51587
the parent, guardian, or other person having care or charge of the	51588
student stating that the student and the parent, guardian, or	51589
other person having care or charge of the student have received	51590
the concussion and head injury information sheet required by	51591
section 3707.52 of the Revised Code. A completed form shall be	51592
submitted each school year, as defined in section 3313.62 of the	51593
Revised Code, for each sport or other category of interscholastic	51594
athletics for or in which the student practices or competes.	51595

(C)(1) No school district board of education or governing	51596
authority of a chartered or nonchartered nonpublic school shall	51597
permit an individual to coach interscholastic athletics unless the	51598
individual holds a pupil-activity program permit issued under	51599
section 3319.303 of the Revised Code for coaching interscholastic	51600
athletics.	51601

(2) No school district board of education or governing	51602
authority of a chartered or nonchartered nonpublic school shall	51603
permit an individual to referee interscholastic athletics unless	51604
the individual holds a pupil-activity program permit issued under	51605
section 3319.303 of the Revised Code for coaching interscholastic	51606
athletics or presents evidence that the individual has	51607
successfully completed, within the previous three years, a	51608
training program in recognizing the symptoms of concussions and	51609
head injuries to which the department of health has provided a	51610
link on its internet web site under section 3707.52 of the Revised	51611
Code or a training program authorized and required by an	51612
organization that regulates interscholastic conferences or events.	51613

(D) If a student practicing for or competing in an	51614
interscholastic athletic event exhibits signs, symptoms, or	51615
behaviors consistent with having sustained a concussion or head	51616
injury while participating in the practice or competition, the	51617
student shall be removed from the practice or competition by	51618
either of the following:	51619

(1) The individual who is serving as the student's coach	51620
during that practice or competition;	51621

(2) An individual who is serving as a referee during that	51622
practice or competition.	51623

(E)(1) If a student is removed from practice or competition	51624
under division (D) of this section, the coach or referee who	51625
removed the student shall not allow the student, on the same day	51626
the student is removed, to return to that practice or competition	51627
or to participate in any other practice or competition for which	51628
the coach or referee is responsible. Thereafter, the coach or	51629
referee shall not allow the student to return to that practice or	51630
competition or to participate in any other practice or competition	51631
for which the coach or referee is responsible until both of the	51632
following conditions are satisfied:	51633

(a) The student's condition is assessed by ~~either~~any of the	51634
following:	51635

(i) A physician;

51636

(ii) A chiropractor;

51637

(iii) Any other licensed health care provider the school	51638
district board of education or governing authority of the	51639
chartered or nonchartered nonpublic school, pursuant to division	51640
(E)(2) of this section, authorizes to assess a student who has	51641
been removed from practice or competition under division (D) of	51642
this section.	51643

(b) The student receives written clearance that it is safe	51644
for the student to return to practice or competition from a	51645
physician, chiropractor, or ~~from~~ another licensed health care	51646
provider authorized pursuant to division (E)(2) of this section to	51647
grant the clearance.	51648

(2) A school district board of education or governing	51649
authority of a chartered or nonchartered nonpublic school may	51650
authorize a licensed health care provider who is not a physician	51651
or a chiropractor to make an assessment or grant a clearance for	51652
purposes of division (E)(1) of this section only if the provider	51653
is acting in accordance with one of the following, as applicable	51654
to the provider's authority to practice in this state:	51655

(a) In consultation with a physician;

51656

(b) Pursuant to the referral of a physician;

51657

51658

(d) Under the supervision of a physician.

51659

(3) A physician, chiropractor, or other licensed health care	51660
provider who makes an assessment or grants a clearance for	51661
purposes of division (E)(1) of this section may be a volunteer.	51662

(F) A school district board of education or governing	51663
authority of a chartered or nonchartered nonpublic school that is	51664
subject to the rules of an interscholastic conference or an	51665
organization that regulates interscholastic conferences or events	51666
shall be considered to be in compliance with divisions (B), (D),	51667
and (E) of this section, as long as the requirements of those	51668
rules are substantially similar to the requirements of divisions	51669
(B), (D), and (E) of this section.	51670

(G)(1) A school district, member of a school district board	51671
of education, or school district employee or volunteer, including	51672
a coach or referee, is not liable in damages in a civil action for	51673
injury, death, or loss to person or property allegedly arising	51674
from providing services or performing duties under this section,	51675
unless the act or omission constitutes willful or wanton	51676
misconduct.	51677

This section does not eliminate, limit, or reduce any other	51678
immunity or defense that a school district, member of a school	51679
district board of education, or school district employee or	51680
volunteer, including a coach or referee, may be entitled to under	51681
Chapter 2744. or any other provision of the Revised Code or under	51682
the common law of this state.	51683

(2) A chartered or nonchartered nonpublic school or any	51684
officer, director, employee, or volunteer of the school, including	51685
a coach or referee, is not liable in damages in a civil action for	51686
injury, death, or loss to person or property allegedly arising	51687
from providing services or performing duties under this section,	51688
unless the act or omission constitutes willful or wanton	51689
misconduct.	51690

Sec. 3313.5311. (A) As used in this section and in section	51691
3313.5312 of the Revised Code, "extracurricular activity" has the	51692
same meaning as in section 3313.537 of the Revised Code.	51693

(B) If the nonpublic school in which the student is enrolled	51694
does not offer the extracurricular activity, a student enrolled in	51695
a chartered or nonchartered nonpublic school shall be afforded, by	51696
the superintendent of the school district in which the student is	51697
entitled to attend school under section 3313.64 or 3313.65 of the	51698
Revised Code, the opportunity to participate in that	51699
extracurricular activity at the district school to which the	51700
student otherwise would be assigned during that school year. If	51701
more than one school operated by the school district serves the	51702
student's grade level, as determined by the district	51703
superintendent based on the student's age and academic	51704
performance, the student shall be afforded the opportunity to	51705
participate in that extracurricular activity at the school to	51706
which the student would be assigned by the superintendent under	51707
section 3319.01 of the Revised Code.	51708

(C) The superintendent of any school district may afford any	51709
student enrolled in a nonpublic school, and who is not entitled to	51710
attend school in the district under section 3313.64 or 3313.65 of	51711
the Revised Code, the opportunity to participate in an	51712
extracurricular activity offered by a school of the district, if	51713
both of the following apply:	51714

(1) The nonpublic school in which the student is enrolled	51715
does not offer the extracurricular activity;	51716

(2) The extracurricular activity is not interscholastic	51717
athletics or interscholastic contests or competition in music,	51718
drama, or forensics.	51719

(D) In order to participate in an extracurricular activity	51720
under this section, the student shall be of the appropriate age	51721
and grade level, as determined by the superintendent of the	51722
district, for the school that offers the extracurricular activity,	51723
and shall fulfill the same academic, nonacademic, and financial	51724
requirements as any other participant.	51725

(E) No school district shall impose additional rules on a	51726
student to participate under this section that do not apply to	51727
other students participating in the same extracurricular activity.	51728
No district shall impose additional fees for a student to	51729
participate under this section that exceed any fees charged to	51730
other students participating in the same extracurricular activity.	51731

(F) No school district, interscholastic conference, or	51732
organization that regulates interscholastic conferences or events	51733
shall require a student who is eligible to participate in	51734
interscholastic extracurricular activities under this section to	51735
meet eligibility requirements that conflict with this section.	51736

Sec. 3313.5312. (A) A student who is receiving home	51737
instruction in accordance with division (A)(2) of section 3321.04	51738
of the Revised Code shall be afforded, by the superintendent of	51739
the school district in which the student is entitled to attend	51740
school under section 3313.64 or 3313.65 of the Revised Code, the	51741
opportunity to participate in any extracurricular activity offered	51742
at the district school to which the student otherwise would be	51743
assigned during that school year. If more than one school operated	51744
by the school district serves the student's grade level, as	51745
determined by the district superintendent based on the student's	51746
age and academic performance, the student shall be afforded the	51747
opportunity to participate in extracurricular activities at the	51748
school to which the student would be assigned by the	51749
superintendent under section 3319.01 of the Revised Code. If a	51750
student who is afforded the opportunity to participate in	51751
extracurricular activities under division (A) of this section	51752
wishes to participate in an activity that is offered by the	51753
district, the student shall not participate in that activity at	51754
another school or school district to which the student is not	51755
entitled to attend.	51756

(B) The superintendent of any school district may afford any	51757
student who receives home instruction under division (A)(2) of	51758
section 3321.04 of the Revised Code, and who is not entitled to	51759
attend school in the district under section 3313.64 or 3313.65 of	51760
the Revised Code, the opportunity to participate in any	51761
extracurricular activity offered by a school of the district, if	51762
the district to which the student is entitled to attend does not	51763
offer that extracurricular activity.	51764

(C) In order to participate in an extracurricular activity	51765
under this section, the student shall be of the appropriate age	51766
and grade level, as determined by the superintendent of the	51767
district, for the school that offers the extracurricular activity,	51768
shall fulfill the same nonacademic and financial requirements as	51769
any other participant, and shall fulfill either of the following	51770
academic requirements:	51771

(1) If the student received home instruction in the preceding	51772
grading period, the student shall meet any academic requirements	51773
established by the state board of education for the continuation	51774
of home instruction.	51775

(2) If the student did not receive home instruction in the	51776
preceding grading period, the student's academic performance	51777
during the preceding grading period shall have met any academic	51778
standards for eligibility to participate in the program	51779
established by the school district.	51780

(D) Eligibility for a student who leaves a school district	51781
mid-year for home instruction shall be determined based on an	51782
interim academic assessment issued by the district in which the	51783
student was enrolled based on the student's work while enrolled in	51784
that district.	51785

(E) Any student who commences home instruction after the	51786
beginning of a school year and who is, at the time home	51787
instruction commences, ineligible to participate in an	51788
extracurricular activity due to failure to meet academic standards	51789
or any other requirements of the district shall not participate in	51790
the extracurricular activity under this section until the student	51791
meets the academic requirements established by the state board of	51792
education for continuation of home instruction as verified by the	51793
superintendent of the district. No student under this section	51794
shall be eligible to participate in the same semester in which the	51795
student was determined ineligible.	51796

(F) No school district shall impose additional rules on a	51797
student to participate under this section that do not apply to	51798
other students participating in the same extracurricular activity.	51799
No district shall impose fees for a student to participate under	51800
this section that exceed any fees charged to other students	51801
participating in the same extracurricular activity.	51802

(G) No school district, interscholastic conference, or	51803
organization that regulates interscholastic conferences or events	51804
shall require a student who is eligible to participate in	51805
interscholastic extracurricular activities under this section to	51806
meet eligibility requirements that conflict with this section.	51807

Sec. 3313.60. Notwithstanding division (D) of section	51808
3311.52 of the Revised Code, divisions (A) to (E) of this section	51809
do not apply to any cooperative education school district	51810
established pursuant to divisions (A) to (C) of section 3311.52 of	51811
the Revised Code.	51812

(A) The board of education of each city ~~and~~, exempted	51813
village, and local school district~~, the governing board of each~~	51814
~~educational service center,~~ and the board of each cooperative	51815
education school district established, pursuant to section	51816
3311.521 of the Revised Code, shall prescribe a curriculum for all	51817
schools under ~~their~~its control. Except as provided in division	51818
(E) of this section, in any such curriculum there shall be	51819
included the study of the following subjects:	51820

(1) The language arts, including reading, writing, spelling,	51821
oral and written English, and literature;	51822

(2) Geography, the history of the United States and of Ohio,	51823
and national, state, and local government in the United States,	51824
including a balanced presentation of the relevant contributions to	51825
society of men and women of African, Mexican, Puerto Rican, and	51826
American Indian descent as well as other ethnic and racial groups	51827
in Ohio and the United States;	51828

(3) Mathematics;

51829

(4) Natural science, including instruction in the	51830
conservation of natural resources;	51831

(5) Health education, which shall include instruction in:

51832

(a) The nutritive value of foods, including natural and	51833
organically produced foods, the relation of nutrition to health,	51834
and the use and effects of food additives;	51835

(b) The harmful effects of and legal restrictions against the	51836
use of drugs of abuse, alcoholic beverages, and tobacco;	51837

(c) Venereal disease education, except that upon written	51838
request of the student's parent or guardian, a student shall be	51839
excused from taking instruction in venereal disease education;	51840

(d) In grades kindergarten through six, instruction in	51841
personal safety and assault prevention, except that upon written	51842
request of the student's parent or guardian, a student shall be	51843
excused from taking instruction in personal safety and assault	51844
prevention;	51845

(e) In grades seven through twelve, age-appropriate	51846
instruction in dating violence prevention education, which shall	51847
include instruction in recognizing dating violence warning signs	51848
and characteristics of healthy relationships.	51849

In order to assist school districts in developing a dating	51850
violence prevention education curriculum, the department of	51851
education shall provide on its web site links to free curricula	51852
addressing dating violence prevention.	51853

If the parent or legal guardian of a student less than	51854
eighteen years of age submits to the principal of the student's	51855
school a written request to examine the dating violence prevention	51856
instruction materials used at that school, the principal, within a	51857
reasonable period of time after the request is made, shall allow	51858
the parent or guardian to examine those materials at that school.	51859

(6) Physical education;

51860

(7) The fine arts, including music;

51861

(8) First aid, including a training program in	51862
cardiopulmonary resuscitation, safety, and fire prevention, except	51863
that upon written request of the student's parent or guardian, a	51864
student shall be excused from taking instruction in	51865
cardiopulmonary resuscitation.	51866

(B) Except as provided in division (E) of this section, every	51867
school or school district shall include in the requirements for	51868
promotion from the eighth grade to the ninth grade one year's	51869
course of study of American history. A board may waive this	51870
requirement for academically accelerated students who, in	51871
accordance with procedures adopted by the board, are able to	51872
demonstrate mastery of essential concepts and skills of the eighth	51873
grade American history course of study.	51874

(C) As specified in divisions (B)(6) and (C)(6) of section	51875
3313.603 of the Revised Code, except as provided in division (E)	51876
of this section, every high school shall include in the	51877
requirements for graduation from any curriculum one-half unit each	51878
of American history and government.	51879

(D) Except as provided in division (E) of this section, basic	51880
instruction or demonstrated mastery in geography, United States	51881
history, the government of the United States, the government of	51882
the state of Ohio, local government in Ohio, the Declaration of	51883
Independence, the United States Constitution, and the Constitution	51884
of the state of Ohio shall be required before pupils may	51885
participate in courses involving the study of social problems,	51886
economics, foreign affairs, United Nations, world government,	51887
socialism, and communism.	51888

(E) For each cooperative education school district	51889
established pursuant to section 3311.521 of the Revised Code and	51890
each city, exempted village, and local school district that has	51891
territory within such a cooperative district, the curriculum	51892
adopted pursuant to divisions (A) to (D) of this section shall	51893
only include the study of the subjects that apply to the grades	51894
operated by each such school district. The curriculums for such	51895
schools, when combined, shall provide to each student of these	51896
districts all of the subjects required under divisions (A) to (D)	51897
of this section.	51898

(F) The board of education of any cooperative education	51899
school district established pursuant to divisions (A) to (C) of	51900
section 3311.52 of the Revised Code shall prescribe a curriculum	51901
for the subject areas and grade levels offered in any school under	51902
its control.	51903

(G) Upon the request of any parent or legal guardian of a	51904
student, the board of education of any school district shall	51905
permit the parent or guardian to promptly examine, with respect to	51906
the parent's or guardian's own child:	51907

(1) Any survey or questionnaire, prior to its administration	51908
to the child;	51909

(2) Any textbook, workbook, software, video, or other	51910
instructional materials being used by the district in connection	51911
with the instruction of the child;	51912

(3) Any completed and graded test taken or survey or	51913
questionnaire filled out by the child;	51914

(4) Copies of the statewide academic standards and each model	51915
curriculum developed pursuant to section 3301.079 of the Revised	51916
Code, which copies shall be available at all times during school	51917
hours in each district school building.	51918

Sec. 3313.603. (A) As used in this section:

51919

(1) "One unit" means a minimum of one hundred twenty hours of	51920
course instruction, except that for a laboratory course, "one	51921
unit" means a minimum of one hundred fifty hours of course	51922
instruction.	51923

(2) "One-half unit" means a minimum of sixty hours of course	51924
instruction, except that for physical education courses, "one-half	51925
unit" means a minimum of one hundred twenty hours of course	51926
instruction.	51927

(B) Beginning September 15, 2001, except as required in	51928
division (C) of this section and division (C) of section 3313.614	51929
of the Revised Code, the requirements for graduation from every	51930
high school shall include twenty units earned in grades nine	51931
through twelve and shall be distributed as follows:	51932

(1) English language arts, four units;

51933

(2) Health, one-half unit;

51934

(3) Mathematics, three units;

51935

(4) Physical education, one-half unit;

51936

(5) Science, two units until September 15, 2003, and three	51937
units thereafter, which at all times shall include both of the	51938
following:	51939

(a) Biological sciences, one unit;

51940

(b) Physical sciences, one unit.

51941

(6) History and government, one unit, which shall comply with	51942
division (M) of this section and shall include both of the	51943
following:	51944

(a) American history, one-half unit;

51945

(b) American government, one-half unit.

51946

(7) Social studies, two units.

51947

(8) Elective units, seven units until September 15, 2003, and	51948
six units thereafter.	51949

Each student's electives shall include at least one unit, or	51950
two half units, chosen from among the areas of	51951
business/technology, fine arts, and/or foreign language.	51952

(C) Beginning with students who enter ninth grade for the	51953
first time on or after July 1, 2010, except as provided in	51954
divisions (D) to (F) of this section, the requirements for	51955
graduation from every public and chartered nonpublic high school	51956
shall include twenty units that are designed to prepare students	51957
for the workforce and college. The units shall be distributed as	51958
follows:	51959

(1) English language arts, four units;

51960

(2) Health, one-half unit, which shall include instruction in	51961
nutrition and the benefits of nutritious foods and physical	51962
activity for overall health;	51963

(3) Mathematics, four units, which shall include one unit of	51964
algebra II or the equivalent of algebra II;	51965

(4) Physical education, one-half unit;

51966

(5) Science, three units with inquiry-based laboratory	51967
experience that engages students in asking valid scientific	51968
questions and gathering and analyzing information, which shall	51969
include the following, or their equivalent:	51970

(a) Physical sciences, one unit;

51971

(b) Life sciences, one unit;

51972

(c) Advanced study in one or more of the following sciences,	51973
one unit:	51974

(i) Chemistry, physics, or other physical science;

51975

(ii) Advanced biology or other life science;

51976

(iii) Astronomy, physical geology, or other earth or space	51977
science.	51978

(6) History and government, one unit, which shall comply with	51979
division (M) of this section and shall include both of the	51980
following:	51981

(a) American history, one-half unit;

51982

(b) American government, one-half unit.

51983

(7) Social studies, two units.

51984

Each school shall integrate the study of economics and	51985
financial literacy, as expressed in the social studies academic	51986
content standards adopted by the state board of education under	51987
division (A)(1) of section 3301.079 of the Revised Code and the	51988
academic content standards for financial literacy and	51989
entrepreneurship adopted under division (A)(2) of that section,	51990
into one or more existing social studies credits required under	51991
division (C)(7) of this section, or into the content of another	51992
class, so that every high school student receives instruction in	51993
those concepts. In developing the curriculum required by this	51994
paragraph, schools shall use available public-private partnerships	51995
and resources and materials that exist in business, industry, and	51996
through the centers for economics education at institutions of	51997
higher education in the state.	51998

(8) Five units consisting of one or any combination of	51999
foreign language, fine arts, business, career-technical education,	52000
family and consumer sciences, technology, agricultural education,	52001
a junior reserve officer training corps (JROTC) program approved	52002
by the congress of the United States under title 10 of the United	52003
States Code, or English language arts, mathematics, science, or	52004
social studies courses not otherwise required under division (C)	52005
of this section.	52006

Ohioans must be prepared to apply increased knowledge and	52007
skills in the workplace and to adapt their knowledge and skills	52008
quickly to meet the rapidly changing conditions of the	52009
twenty-first century. National studies indicate that all high	52010
school graduates need the same academic foundation, regardless of	52011
the opportunities they pursue after graduation. The goal of Ohio's	52012
system of elementary and secondary education is to prepare all	52013
students for and seamlessly connect all students to success in	52014
life beyond high school graduation, regardless of whether the next	52015
step is entering the workforce, beginning an apprenticeship,	52016
engaging in post-secondary training, serving in the military, or	52017
pursuing a college degree.	52018

The Ohio core curriculum is the standard expectation for all	52019
students entering ninth grade for the first time at a public or	52020
chartered nonpublic high school on or after July 1, 2010. A	52021
student may satisfy this expectation through a variety of methods,	52022
including, but not limited to, integrated, applied,	52023
career-technical, and traditional coursework.	52024

Whereas teacher quality is essential for student success in	52025
completing the Ohio core curriculum, the general assembly shall	52026
appropriate funds for strategic initiatives designed to strengthen	52027
schools' capacities to hire and retain highly qualified teachers	52028
in the subject areas required by the curriculum. Such initiatives	52029
are expected to require an investment of $120,000,000 over five	52030
years.	52031

Stronger coordination between high schools and institutions	52032
of higher education is necessary to prepare students for more	52033
challenging academic endeavors and to lessen the need for academic	52034
remediation in college, thereby reducing the costs of higher	52035
education for Ohio's students, families, and the state. The state	52036
board and the chancellor of the Ohio board of regents shall	52037
develop policies to ensure that only in rare instances will	52038
students who complete the Ohio core curriculum require academic	52039
remediation after high school.	52040

School districts, community schools, and chartered nonpublic	52041
schools shall integrate technology into learning experiences	52042
across the curriculum in order to maximize efficiency, enhance	52043
learning, and prepare students for success in the	52044
technology-driven twenty-first century. Districts and schools	52045
shall use distance and web-based course delivery as a method of	52046
providing or augmenting all instruction required under this	52047
division, including laboratory experience in science. Districts	52048
and schools shall utilize technology access and electronic	52049
learning opportunities provided by the ~~eTech Ohio~~broadcast	52050
educational media commission, chancellor, the Ohio learning	52051
network, education technology centers, public television stations,	52052
and other public and private providers.	52053

(D) Except as provided in division (E) of this section, a	52054
student who enters ninth grade on or after July 1, 2010, and	52055
before July 1, 2014, may qualify for graduation from a public or	52056
chartered nonpublic high school even though the student has not	52057
completed the Ohio core curriculum prescribed in division (C) of	52058
this section if all of the following conditions are satisfied:	52059

(1) After the student has attended high school for two years,	52060
as determined by the school, the student and the student's parent,	52061
guardian, or custodian sign and file with the school a written	52062
statement asserting the parent's, guardian's, or custodian's	52063
consent to the student's graduating without completing the Ohio	52064
core curriculum and acknowledging that one consequence of not	52065
completing the Ohio core curriculum is ineligibility to enroll in	52066
most state universities in Ohio without further coursework.	52067

(2) The student and parent, guardian, or custodian fulfill	52068
any procedural requirements the school stipulates to ensure the	52069
student's and parent's, guardian's, or custodian's informed	52070
consent and to facilitate orderly filing of statements under	52071
division (D)(1) of this section.	52072

(3) The student and the student's parent, guardian, or	52073
custodian and a representative of the student's high school	52074
jointly develop an individual career plan for the student that	52075
specifies the student matriculating to a two-year degree program,	52076
acquiring a business and industry credential, or entering an	52077
apprenticeship.	52078

(4) The student's high school provides counseling and support	52079
for the student related to the plan developed under division	52080
(D)(3) of this section during the remainder of the student's high	52081
school experience.	52082

(5) The student successfully completes, at a minimum, the	52083
curriculum prescribed in division (B) of this section.	52084

The department of education, in collaboration with the	52085
chancellor, shall analyze student performance data to determine if	52086
there are mitigating factors that warrant extending the exception	52087
permitted by division (D) of this section to high school classes	52088
beyond those entering ninth grade before July 1, 2014. The	52089
department shall submit its findings and any recommendations not	52090
later than August 1, 2014, to the speaker and minority leader of	52091
the house of representatives, the president and minority leader of	52092
the senate, the chairpersons and ranking minority members of the	52093
standing committees of the house of representatives and the senate	52094
that consider education legislation, the state board of education,	52095
and the superintendent of public instruction.	52096

(E) Each school district and chartered nonpublic school	52097
retains the authority to require an even more rigorous minimum	52098
curriculum for high school graduation than specified in division	52099
(B) or (C) of this section. A school district board of education,	52100
through the adoption of a resolution, or the governing authority	52101
of a chartered nonpublic school may stipulate any of the	52102
following:	52103

(1) A minimum high school curriculum that requires more than	52104
twenty units of academic credit to graduate;	52105

(2) An exception to the district's or school's minimum high	52106
school curriculum that is comparable to the exception provided in	52107
division (D) of this section but with additional requirements,	52108
which may include a requirement that the student successfully	52109
complete more than the minimum curriculum prescribed in division	52110
(B) of this section;	52111

(3) That no exception comparable to that provided in division	52112
(D) of this section is available.	52113

(F) A student enrolled in a dropout prevention and recovery	52114
program, which program has received a waiver from the department,	52115
may qualify for graduation from high school by successfully	52116
completing a competency-based instructional program administered	52117
by the dropout prevention and recovery program in lieu of	52118
completing the Ohio core curriculum prescribed in division (C) of	52119
this section. The department shall grant a waiver to a dropout	52120
prevention and recovery program, within sixty days after the	52121
program applies for the waiver, if the program meets all of the	52122
following conditions:	52123

(1) The program serves only students not younger than sixteen	52124
years of age and not older than twenty-one years of age.	52125

(2) The program enrolls students who, at the time of their	52126
initial enrollment, either, or both, are at least one grade level	52127
behind their cohort age groups or experience crises that	52128
significantly interfere with their academic progress such that	52129
they are prevented from continuing their traditional programs.	52130

(3) The program requires students to attain at least the	52131
applicable score designated for each of the assessments prescribed	52132
under division (B)(1) of section 3301.0710 of the Revised Code or,	52133
to the extent prescribed by rule of the state board under division	52134
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)	52135
of that section.	52136

(4) The program develops an individual career plan for the	52137
student that specifies the student's matriculating to a two-year	52138
degree program, acquiring a business and industry credential, or	52139
entering an apprenticeship.	52140

(5) The program provides counseling and support for the	52141
student related to the plan developed under division (F)(4) of	52142
this section during the remainder of the student's high school	52143
experience.	52144

(6) The program requires the student and the student's	52145
parent, guardian, or custodian to sign and file, in accordance	52146
with procedural requirements stipulated by the program, a written	52147
statement asserting the parent's, guardian's, or custodian's	52148
consent to the student's graduating without completing the Ohio	52149
core curriculum and acknowledging that one consequence of not	52150
completing the Ohio core curriculum is ineligibility to enroll in	52151
most state universities in Ohio without further coursework.	52152

(7) Prior to receiving the waiver, the program has submitted	52153
to the department an instructional plan that demonstrates how the	52154
academic content standards adopted by the state board under	52155
section 3301.079 of the Revised Code will be taught and assessed.	52156

If the department does not act either to grant the waiver or	52157
to reject the program application for the waiver within sixty days	52158
as required under this section, the waiver shall be considered to	52159
be granted.	52160

(G) Every high school may permit students below the ninth	52161
grade to take advanced work. If a high school so permits, it shall	52162
award high school credit for successful completion of the advanced	52163
work and shall count such advanced work toward the graduation	52164
requirements of division (B) or (C) of this section if the	52165
advanced work was both:	52166

(1) Taught by a person who possesses a license or certificate	52167
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	52168
Code that is valid for teaching high school;	52169

(2) Designated by the board of education of the city, local,	52170
or exempted village school district, the board of the cooperative	52171
education school district, or the governing authority of the	52172
chartered nonpublic school as meeting the high school curriculum	52173
requirements.	52174

Each high school shall record on the student's high school	52175
transcript all high school credit awarded under division (G) of	52176
this section. In addition, if the student completed a seventh- or	52177
eighth-grade fine arts course described in division (K) of this	52178
section and the course qualified for high school credit under that	52179
division, the high school shall record that course on the	52180
student's high school transcript.	52181

(H) The department shall make its individual academic career	52182
plan available through its Ohio career information system web site	52183
for districts and schools to use as a tool for communicating with	52184
and providing guidance to students and families in selecting high	52185
school courses.	52186

(I) Units earned in English language arts, mathematics,	52187
science, and social studies that are delivered through integrated	52188
academic and career-technical instruction are eligible to meet the	52189
graduation requirements of division (B) or (C) of this section.	52190

(J) The state board, in consultation with the chancellor,	52191
shall adopt a statewide plan implementing methods for students to	52192
earn units of high school credit based on a demonstration of	52193
subject area competency, instead of or in combination with	52194
completing hours of classroom instruction. The state board shall	52195
adopt the plan not later than March 31, 2009, and commence phasing	52196
in the plan during the 2009-2010 school year. The plan shall	52197
include a standard method for recording demonstrated proficiency	52198
on high school transcripts. Each school district and community	52199
school shall comply with the state board's plan adopted under this	52200
division and award units of high school credit in accordance with	52201
the plan. The state board may adopt existing methods for earning	52202
high school credit based on a demonstration of subject area	52203
competency as necessary prior to the 2009-2010 school year.	52204

(K) This division does not apply to students who qualify for	52205
graduation from high school under division (D) or (F) of this	52206
section, or to students pursuing a career-technical instructional	52207
track as determined by the school district board of education or	52208
the chartered nonpublic school's governing authority.	52209
Nevertheless, the general assembly encourages such students to	52210
consider enrolling in a fine arts course as an elective.	52211

Beginning with students who enter ninth grade for the first	52212
time on or after July 1, 2010, each student enrolled in a public	52213
or chartered nonpublic high school shall complete two semesters or	52214
the equivalent of fine arts to graduate from high school. The	52215
coursework may be completed in any of grades seven to twelve. Each	52216
student who completes a fine arts course in grade seven or eight	52217
may elect to count that course toward the five units of electives	52218
required for graduation under division (C)(8) of this section, if	52219
the course satisfied the requirements of division (G) of this	52220
section. In that case, the high school shall award the student	52221
high school credit for the course and count the course toward the	52222
five units required under division (C)(8) of this section. If the	52223
course in grade seven or eight did not satisfy the requirements of	52224
division (G) of this section, the high school shall not award the	52225
student high school credit for the course but shall count the	52226
course toward the two semesters or the equivalent of fine arts	52227
required by this division.	52228

(L) Notwithstanding anything to the contrary in this section,	52229
the board of education of each school district and the governing	52230
authority of each chartered nonpublic school may adopt a policy to	52231
excuse from the high school physical education requirement each	52232
student who, during high school, has participated in	52233
interscholastic athletics, marching band, or cheerleading for at	52234
least two full seasons or in the junior reserve officer training	52235
corps for at least two full school years. If the board or	52236
authority adopts such a policy, the board or authority shall not	52237
require the student to complete any physical education course as a	52238
condition to graduate. However, the student shall be required to	52239
complete one-half unit, consisting of at least sixty hours of	52240
instruction, in another course of study. In the case of a student	52241
who has participated in the junior reserve officer training corps	52242
for at least two full school years, credit received for that	52243
participation may be used to satisfy the requirement to complete	52244
one-half unit in another course of study.	52245

(M) It is important that high school students learn and	52246
understand United States history and the governments of both the	52247
United States and the state of Ohio. Therefore, beginning with	52248
students who enter ninth grade for the first time on or after July	52249
1, 2012, the study of American history and American government	52250
required by divisions (B)(6) and (C)(6) of this section shall	52251
include the study of all of the following documents:	52252

(1) The Declaration of Independence;

52253

(2) The Northwest Ordinance;

52254

(3) The Constitution of the United States with emphasis on	52255
the Bill of Rights;	52256

(4) The Ohio Constitution.

52257

The study of each of the documents prescribed in divisions	52258
(M)(1) to (4) of this section shall include study of that document	52259
in its original context.	52260

The study of American history and government required by	52261
divisions (B)(6) and (C)(6) of this section shall include the	52262
historical evidence of the role of documents such as the	52263
Federalist Papers and the Anti-Federalist Papers to firmly	52264
establish the historical background leading to the establishment	52265
of the provisions of the Constitution and Bill of Rights.	52266

Sec. 3313.6013. (A) As used in this section, "dual enrollment	52267
program" means a program that enables a student to earn credit	52268
toward a degree from an institution of higher education while	52269
enrolled in high school or that enables a student to complete	52270
coursework while enrolled in high school that may earn credit	52271
toward a degree from an institution of higher education upon the	52272
student's attainment of a specified score on an examination	52273
covering the coursework. Dual enrollment programs may include any	52274
of the following:	52275

(1) The post-secondary enrollment options program established	52276
under Chapter 3365. of the Revised Code;	52277

(2) Advanced placement courses;

52278

(3) Any similar program established pursuant to an agreement	52279
between a school district or chartered nonpublic high school and	52280
an institution of higher education;	52281

(4) Early college high schools.

52282

(B) Each city, local, exempted village, and joint vocational	52283
school district and each chartered nonpublic high school shall	52284
provide students enrolled in grades nine through twelve with the	52285
opportunity to participate in a dual enrollment program. For this	52286
purpose, each school district and chartered nonpublic high school	52287
shall offer at least one dual enrollment program in accordance	52288
with division (B)(1) or (2) of this section, as applicable.	52289

(1) A city, local, or exempted village school district meets	52290
the requirements of this division through its mandatory	52291
participation in the post-secondary enrollment options program	52292
established under Chapter 3365. of the Revised Code. However, a	52293
city, local, or exempted village school district may offer any	52294
other dual enrollment program, in addition to the post-secondary	52295
enrollment options program, and each joint vocational school	52296
district shall offer at least one other dual enrollment program,	52297
to students in good standing, as defined by the partnership for	52298
continued learning under section 3301.42 of the Revised Code as it	52299
existed prior to October 16, 2009, or as subsequently defined by	52300
the department of education.	52301

(2) A chartered nonpublic high school that elects to	52302
participate in the post-secondary enrollment options program	52303
established under Chapter 3365. of the Revised Code meets the	52304
requirements of this division. Each chartered nonpublic high	52305
school that elects not to participate in the post-secondary	52306
enrollment options program instead shall offer at least one other	52307
dual enrollment program to students in good standing, as defined	52308
by the partnership for continued learning under section 3301.42 of	52309
the Revised Code as it existed prior to October 16, 2009, or as	52310
subsequently defined by the department of education.	52311

(C) Each school district and each chartered nonpublic high	52312
school shall provide information about the dual enrollment	52313
programs offered by the district or school to all students	52314
enrolled in grades eight through eleven.	52315

(D) No city, local, exempted village, and joint vocational	52316
school district shall charge an enrolled student an additional fee	52317
or tuition for participation in any dual enrollment program	52318
offered by the district. Students may be required to pay the costs	52319
associated with taking an advanced placement or international	52320
baccalaureate examination.	52321

Sec. 3313.6016. (A) Beginning in the 2011-2012 school year,	52322
the department of education shall administer a pilot program	52323
requiring daily physical activity for students. Any school	52324
district; community school established under Chapter 3314. of the	52325
Revised Code; science, technology, engineering, and mathematics	52326
school established under Chapter 3326. of the Revised Code; or	52327
chartered nonpublic school annually may elect to participate in	52328
the pilot program by notifying the department of its interest by a	52329
date established by the department. If a school district elects to	52330
participate in the pilot program, ~~each school building operated by~~	52331
~~the district shall be required~~the district shall select one or	52332
more school buildings to participate in the program. To the	52333
maximum extent possible, the department shall seek to include in	52334
the pilot program districts and schools that are located in urban,	52335
suburban, and rural areas distributed geographically throughout	52336
the state. The department shall administer the pilot program in	52337
accordance with this section.	52338

(B) Except as provided in division (C) of this section, each	52339
district or school participating in the pilot program shall	52340
require all students in ~~each of grades kindergarten through twelve~~	52341
the school building selected under division (A) of this section to	52342
engage in at least thirty minutes of moderate to rigorous physical	52343
activity each school day or at least one hundred fifty minutes of	52344
moderate to rigorous physical activity each week, exclusive of	52345
recess. Physical activity engaged in during the following may	52346
count toward the daily requirement:	52347

(1) A physical education course;

52348

(2) A program or activity occurring before or after the	52349
regular school day, as defined in section 3313.814 of the Revised	52350
Code, that is sponsored or approved by the school of attendance,	52351
provided school officials are able to monitor students'	52352
participation to ensure compliance with the requirement.	52353

(C) None of the following shall be subject to the requirement	52354
of division (B) of this section:	52355

(1) Any student enrolled in the post-secondary enrollment	52356
options program established under Chapter 3365. of the Revised	52357
Code;	52358

(2) Any student enrolled in a career-technical education	52359
program operated by the district or school;	52360

(3) Any student enrolled in a dropout prevention and recovery	52361
program operated by the district or school.	52362

(D) For any period in which a student is participating in	52363
interscholastic athletics, marching band, cheerleading, or a	52364
junior reserve officer training corps program, the district or	52365
school may excuse the student from the requirement of division (B)	52366
of this section.	52367

(E) The district or school may excuse any kindergarten	52368
student who is not enrolled in all-day kindergarten, as defined in	52369
section 3321.05 of the Revised Code, from the requirement of	52370
division (B) of this section.	52371

(F) Each district or school annually shall report to the	52372
department, in the manner prescribed by the department, how the	52373
district or school implemented the thirty minutes of daily	52374
physical activity and the financial costs of implementation. The	52375
department shall issue an annual report of the data collected	52376
under this division.	52377

Sec. 3313.6018. (A) As used in this section and section	52378
3313.6019 of the Revised Code, "extended programming" means	52379
extended programming as described in section 3301.0725 of the	52380
Revised Code.	52381

(B) Except as provided in division (C) of section 3313.6019	52382
of the Revised Code, extended programming shall be used for	52383
activities that involve direct contact with students or are	52384
directly related to student programs and activities.	52385

(C) A licensed educator shall not provide more than eight	52386
hours of extended programming in a twenty-four-hour day.	52387

Sec. 3313.6019. (A) Not later than December 31, 2013, the	52388
department of education shall issue a report with recommendations	52389
for quality agricultural education programs. These recommendations	52390
shall be developed using both of the following:	52391

(1) The standards for exemplary agricultural education that	52392
are described in the national quality program standards for	52393
secondary (grades 9-12) agricultural education developed by the	52394
national council for agricultural education or a successor	52395
document developed by the national council for agricultural	52396
education or its successor;	52397

(2) The quality program standards for Ohio's agricultural and	52398
environmental systems career field programs or a successor	52399
document developed by the department, the Ohio association of	52400
agricultural educators, the Ohio state university, and wilmington	52401
college of Ohio.	52402

The report shall include the appropriate use of extended	52403
programming in agricultural education programs and the recommended	52404
number of hours outside the normal school day that licensed	52405
educators may be permitted to provide extended programming	52406
instruction. Following the initial issuance of the report, the	52407
department may periodically review and update the report as it	52408
considers necessary.	52409

(B) All agricultural education instructors shall utilize a	52410
three-part model of agricultural education instruction of	52411
classroom instruction, FFA activities, and extended programming	52412
projects.	52413

(C) Professional development associated with agricultural	52414
education shall be considered an acceptable use of extended	52415
student programming funds.	52416

(D) All agricultural education instructors shall submit a	52417
monthly time log to the principal of the school at which the	52418
extended programming is offered, or the principal's designee, for	52419
review.	52420

Sec. 3313.612. (A) No nonpublic school chartered by the	52421
state board of education shall grant a high school diploma to any	52422
person unless, subject to section 3313.614 of the Revised Code,	52423
the person has met the assessment requirements of division (A)(1)	52424
or (2) of this section, as applicable.	52425

(1) If the person entered the ninth grade prior to the date	52426
prescribed by rule of the state board under division (D)(2) of	52427
section 3301.0712 of the Revised Code, the person has attained at	52428
least the applicable scores designated under division (B)(1) of	52429
section 3301.0710 of the Revised Code on all the assessments	52430
required by that division, or has satisfied the alternative	52431
conditions prescribed in section 3313.615 of the Revised Code.	52432

(2) If the person entered the ninth grade on or after the	52433
date prescribed by rule of the state board under division (E)(2)	52434
of section 3301.0712 of the Revised Code, the person has met the	52435
requirements of the entire assessment system prescribed under	52436
division (B)(2) of section 3301.0710 of the Revised Code.	52437

(B) This section does not apply to ~~either~~any of the	52438
following:	52439

(1) Any person with regard to any assessment from which the	52440
person was excused pursuant to division (C)(1)(c) of section	52441
3301.0711 of the Revised Code;	52442

(2) Any person that attends a nonpublic school accredited	52443
through the independent school association of the central states	52444
with regard to any end-of-course examination required under	52445
divisions (B)(2) and (3) of section 3301.0712 of the Revised Code;	52446

(3) Any person with regard to the social studies assessment	52447
under division (B)(1) of section 3301.0710 of the Revised Code,	52448
any American history end-of-course examination and any American	52449
government end-of-course examination required under division	52450
(B)(2) of that section if such an exemption is prescribed by rule	52451
of the state board of education under division (D)(4) of section	52452
3301.0712 of the Revised Code, or the citizenship test under	52453
former division (B) of section 3301.0710 of the Revised Code as it	52454
existed prior to September 11, 2001, if all of the following	52455
apply:	52456

(a) The person is not a citizen of the United States;

52457

(b) The person is not a permanent resident of the United	52458
States;	52459

(c) The person indicates no intention to reside in the United	52460
States after completion of high school.	52461

(C) As used in this division, "limited English proficient	52462
student" has the same meaning as in division (C)(3) of section	52463
3301.0711 of the Revised Code.	52464

Notwithstanding division (C)(3) of section 3301.0711 of the	52465
Revised Code, no limited English proficient student who has not	52466
either attained the applicable scores designated under division	52467
(B)(1) of section 3301.0710 of the Revised Code on all the	52468
assessments required by that division, or met the requirements of	52469
the assessments under division (B)(2) of that section, shall be	52470
awarded a diploma under this section.	52471

Sec. 3313.615. This section shall apply to diplomas awarded	52472
after September 15, 2006, to students who are required to take the	52473
five Ohio graduation tests prescribed by division (B)(1) of	52474
section 3301.0710 of the Revised Code.	52475

(A) As an alternative to the requirement that a person attain	52476
the scores designated under division (B)(1) of section 3301.0710	52477
of the Revised Code on all the assessments required under that	52478
division in order to be eligible for a high school diploma or an	52479
honors diploma under sections 3313.61, 3313.612, or 3325.08 of the	52480
Revised Code or for a diploma of adult education under section	52481
3313.611 of the Revised Code, a person who has attained at least	52482
the applicable scores designated under division (B)(1) of section	52483
3301.0710 of the Revised Code on all but one of the assessments	52484
required by that division and from which the person was not	52485
excused or exempted, pursuant to division (L) of section 3313.61,	52486
division (B)(1) of section 3313.612, or section 3313.532 of the	52487
Revised Code, may be awarded a diploma or honors diploma if the	52488
person has satisfied all of the following conditions:	52489

(1) On the one assessment required under division (B)(1) of	52490
section 3301.0710 of the Revised Code for which the person failed	52491
to attain the designated score, the person missed that score by	52492
ten points or less;	52493

(2) Has a ninety-seven per cent school attendance rate in	52494
each of the last four school years, excluding any excused	52495
absences;	52496

(3) Has not been expelled from school under section 3313.66	52497
of the Revised Code in any of the last four school years;	52498

(4) Has a grade point average of at least 2.5 out of 4.0, or	52499
its equivalent as designated in rules adopted by the state board	52500
of education, in the subject area of the assessment required under	52501
division (B)(1) of section 3301.0710 of the Revised Code for which	52502
the person failed to attain the designated score;	52503

(5) Has completed the high school curriculum requirements	52504
prescribed in section 3313.603 of the Revised Code or has	52505
qualified under division (D) or (F) of that section;	52506

(6) Has taken advantage of any intervention programs provided	52507
by the school district or school in the subject area described in	52508
division (A)(4) of this section and has a ninety-seven per cent	52509
attendance rate, excluding any excused absences, in any of those	52510
programs that are provided at times beyond the normal school day,	52511
school week, or school year or has received comparable	52512
intervention services from a source other than the school district	52513
or school;	52514

(7) Holds a letter recommending graduation from each of the	52515
person's high school teachers in the subject area described in	52516
division (A)(4) of this section and from the person's high school	52517
principal.	52518

(B) The state board of education shall establish rules	52519
designating grade point averages equivalent to the average	52520
specified in division (A)(4) of this section for use by school	52521
districts and schools with different grading systems.	52522

(C) Any student who is exempt from attaining the applicable	52523
score designated under division (B)(1) of section 3301.0710 of the	52524
Revised Code on the Ohio graduation test in social studies	52525
pursuant to division (H) of section 3313.61 or division (B)~~(2)~~(3)	52526
of section 3313.612 of the Revised Code shall not qualify for a	52527
high school diploma under this section, unless, notwithstanding	52528
the exemption, the student attains the applicable score on that	52529
assessment. If the student attains the applicable score on that	52530
assessment, the student may qualify for a diploma under this	52531
section in the same manner as any other student who is required to	52532
take the five Ohio graduation tests prescribed by division (B)(1)	52533
of section 3301.0710 of the Revised Code.	52534

Sec. 3313.62. The school year shall begin on the first day	52535
of July of each calendar year and close on the thirtieth day of	52536
June of the succeeding calendar year. A school week shall consist	52537
of five days~~, and a school month of four school weeks~~. A chartered	52538
nonpublic school may be open for instruction with pupils in	52539
attendance on any day of the week, including Saturday or Sunday.	52540

Sec. 3313.64. (A) As used in this section and in section	52541
3313.65 of the Revised Code:	52542

(1)(a) Except as provided in division (A)(1)(b) of this	52543
section, "parent" means either parent, unless the parents are	52544
separated or divorced or their marriage has been dissolved or	52545
annulled, in which case "parent" means the parent who is the	52546
residential parent and legal custodian of the child. When a child	52547
is in the legal custody of a government agency or a person other	52548
than the child's natural or adoptive parent, "parent" means the	52549
parent with residual parental rights, privileges, and	52550
responsibilities. When a child is in the permanent custody of a	52551
government agency or a person other than the child's natural or	52552
adoptive parent, "parent" means the parent who was divested of	52553
parental rights and responsibilities for the care of the child and	52554
the right to have the child live with the parent and be the legal	52555
custodian of the child and all residual parental rights,	52556
privileges, and responsibilities.	52557

(b) When a child is the subject of a power of attorney	52558
executed under sections 3109.51 to 3109.62 of the Revised Code,	52559
"parent" means the grandparent designated as attorney in fact	52560
under the power of attorney. When a child is the subject of a	52561
caretaker authorization affidavit executed under sections 3109.64	52562
to 3109.73 of the Revised Code, "parent" means the grandparent	52563
that executed the affidavit.	52564

(2) "Legal custody," "permanent custody," and "residual	52565
parental rights, privileges, and responsibilities" have the same	52566
meanings as in section 2151.011 of the Revised Code.	52567

(3) "School district" or "district" means a city, local, or	52568
exempted village school district and excludes any school operated	52569
in an institution maintained by the department of youth services.	52570

(4) Except as used in division (C)(2) of this section, "home"	52571
means a home, institution, foster home, group home, or other	52572
residential facility in this state that receives and cares for	52573
children, to which any of the following applies:	52574

(a) The home is licensed, certified, or approved for such	52575
purpose by the state or is maintained by the department of youth	52576
services.	52577

(b) The home is operated by a person who is licensed,	52578
certified, or approved by the state to operate the home for such	52579
purpose.	52580

(c) The home accepted the child through a placement by a	52581
person licensed, certified, or approved to place a child in such a	52582
home by the state.	52583

(d) The home is a children's home created under section	52584
5153.21 or 5153.36 of the Revised Code.	52585

(5) "Agency" means all of the following:

52586

(a) A public children services agency;

52587

(b) An organization that holds a certificate issued by the	52588
Ohio department of job and family services in accordance with the	52589
requirements of section 5103.03 of the Revised Code and assumes	52590
temporary or permanent custody of children through commitment,	52591
agreement, or surrender, and places children in family homes for	52592
the purpose of adoption;	52593

(c) Comparable agencies of other states or countries that	52594
have complied with applicable requirements of section 2151.39 of	52595
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	52596
5103.23 to 5103.237 of the Revised Code.	52597

(6) A child is placed for adoption if either of the following	52598
occurs:	52599

(a) An agency to which the child has been permanently	52600
committed or surrendered enters into an agreement with a person	52601
pursuant to section 5103.16 of the Revised Code for the care and	52602
adoption of the child.	52603

(b) The child's natural parent places the child pursuant to	52604
section 5103.16 of the Revised Code with a person who will care	52605
for and adopt the child.	52606

(7) "Preschool child with a disability" has the same meaning	52607
as in section 3323.01 of the Revised Code.	52608

(8) "Child," unless otherwise indicated, includes preschool	52609
children with disabilities.	52610

(9) "Active duty" means active duty pursuant to an executive	52611
order of the president of the United States, an act of the	52612
congress of the United States, or section 5919.29 or 5923.21 of	52613
the Revised Code.	52614

(B) Except as otherwise provided in section 3321.01 of the	52615
Revised Code for admittance to kindergarten and first grade, a	52616
child who is at least five but under twenty-two years of age and	52617
any preschool child with a disability shall be admitted to school	52618
as provided in this division.	52619

(1) A child shall be admitted to the schools of the school	52620
district in which the child's parent resides.	52621

(2) AExcept as provided in division (B) of section 2151.362	52622
and section 3317.30 of the Revised Code, a child who does not	52623
reside in the district where the child's parent resides shall be	52624
admitted to the schools of the district in which the child resides	52625
if any of the following applies:	52626

(a) The child is in the legal or permanent custody of a	52627
government agency or a person other than the child's natural or	52628
adoptive parent.	52629

(b) The child resides in a home.

52630

52631

(3) A child who is not entitled under division (B)(2) of this	52632
section to be admitted to the schools of the district where the	52633
child resides and who is residing with a resident of this state	52634
with whom the child has been placed for adoption shall be admitted	52635
to the schools of the district where the child resides unless	52636
either of the following applies:	52637

(a) The placement for adoption has been terminated.

52638

(b) Another school district is required to admit the child	52639
under division (B)(1) of this section.	52640

Division (B) of this section does not prohibit the board of	52641
education of a school district from placing a child with a	52642
disability who resides in the district in a special education	52643
program outside of the district or its schools in compliance with	52644
Chapter 3323. of the Revised Code.	52645

(C) A district shall not charge tuition for children admitted	52646
under division (B)(1) or (3) of this section. If the district	52647
admits a child under division (B)(2) of this section, tuition	52648
shall be paid to the district that admits the child as provided in	52649
divisions (C)(1) to (3) of this section, unless division (C)(4) of	52650
this section applies to the child:	52651

(1) If the child receives special education in accordance	52652
with Chapter 3323. of the Revised Code, the school district of	52653
residence, as defined in section 3323.01 of the Revised Code,	52654
shall pay tuition for the child in accordance with section	52655
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	52656
regardless of who has custody of the child or whether the child	52657
resides in a home.	52658

(2) For a child that does not receive special education in	52659
accordance with Chapter 3323. of the Revised Code, except as	52660
otherwise provided in division (C)(2)(d) of this section, if the	52661
child is in the permanent or legal custody of a government agency	52662
or person other than the child's parent, tuition shall be paid by:	52663

(a) The district in which the child's parent resided at the	52664
time the court removed the child from home or at the time the	52665
court vested legal or permanent custody of the child in the person	52666
or government agency, whichever occurred first;	52667

(b) If the parent's residence at the time the court removed	52668
the child from home or placed the child in the legal or permanent	52669
custody of the person or government agency is unknown, tuition	52670
shall be paid by the district in which the child resided at the	52671
time the child was removed from home or placed in legal or	52672
permanent custody, whichever occurred first;	52673

(c) If a school district cannot be established under division	52674
(C)(2)(a) or (b) of this section, tuition shall be paid by the	52675
district determined as required by section 2151.362 of the Revised	52676
Code by the court at the time it vests custody of the child in the	52677
person or government agency;	52678

(d) If at the time the court removed the child from home or	52679
vested legal or permanent custody of the child in the person or	52680
government agency, whichever occurred first, one parent was in a	52681
residential or correctional facility or a juvenile residential	52682
placement and the other parent, if living and not in such a	52683
facility or placement, was not known to reside in this state,	52684
tuition shall be paid by the district determined under division	52685
(D) of section 3313.65 of the Revised Code as the district	52686
required to pay any tuition while the parent was in such facility	52687
or placement;	52688

(e) If the department of education has determined, pursuant	52689
to division (A)(2) of section 2151.362 of the Revised Code, that a	52690
school district other than the one named in the court's initial	52691
order, or in a prior determination of the department, is	52692
responsible to bear the cost of educating the child, the district	52693
so determined shall be responsible for that cost.	52694

(3) If the child is not in the permanent or legal custody of	52695
a government agency or person other than the child's parent and	52696
the child resides in a home, tuition shall be paid by one of the	52697
following:	52698

(a) The school district in which the child's parent resides;

52699

(b) If the child's parent is not a resident of this state,	52700
the home in which the child resides.	52701

(4) Division (C)(4) of this section applies to any child who	52702
is admitted to a school district under division (B)(2) of this	52703
section, resides in a home that is not a foster home or, a home	52704
maintained by the department of youth services, a detention	52705
facility established under section 2152.41 of the Revised Code, or	52706
a juvenile facility established under section 2151.65 of the	52707
Revised Code, receives educational services at the home or	52708
facility in which the child resides pursuant to a contract between	52709
the home or facility and the school district providing those	52710
services, and does not receive special education.	52711

In the case of a child to which division (C)(4) of this	52712
section applies, the total educational cost to be paid for the	52713
child shall be determined by a formula approved by the department	52714
of education, which formula shall be designed to calculate a per	52715
diem cost for the educational services provided to the child for	52716
each day the child is served and shall reflect the total actual	52717
cost incurred in providing those services. The department shall	52718
certify the total educational cost to be paid for the child to	52719
both the school district providing the educational services and,	52720
if different, the school district that is responsible to pay	52721
tuition for the child. The department shall deduct the certified	52722
amount from the state basic aid funds payable under Chapter 3317.	52723
of the Revised Code to the district responsible to pay tuition and	52724
shall pay that amount to the district providing the educational	52725
services to the child.	52726

(D) Tuition required to be paid under divisions (C)(2) and	52727
(3)(a) of this section shall be computed in accordance with	52728
section 3317.08 of the Revised Code. Tuition required to be paid	52729
under division (C)(3)(b) of this section shall be computed in	52730
accordance with section 3317.081 of the Revised Code. If a home	52731
fails to pay the tuition required by division (C)(3)(b) of this	52732
section, the board of education providing the education may	52733
recover in a civil action the tuition and the expenses incurred in	52734
prosecuting the action, including court costs and reasonable	52735
attorney's fees. If the prosecuting attorney or city director of	52736
law represents the board in such action, costs and reasonable	52737
attorney's fees awarded by the court, based upon the prosecuting	52738
attorney's, director's, or one of their designee's time spent	52739
preparing and presenting the case, shall be deposited in the	52740
county or city general fund.	52741

(E) A board of education may enroll a child free of any	52742
tuition obligation for a period not to exceed sixty days, on the	52743
sworn statement of an adult resident of the district that the	52744
resident has initiated legal proceedings for custody of the child.	52745

(F) In the case of any individual entitled to attend school	52746
under this division, no tuition shall be charged by the school	52747
district of attendance and no other school district shall be	52748
required to pay tuition for the individual's attendance.	52749
Notwithstanding division (B), (C), or (E) of this section:	52750

(1) All persons at least eighteen but under twenty-two years	52751
of age who live apart from their parents, support themselves by	52752
their own labor, and have not successfully completed the high	52753
school curriculum or the individualized education program	52754
developed for the person by the high school pursuant to section	52755
3323.08 of the Revised Code, are entitled to attend school in the	52756
district in which they reside.	52757

(2) Any child under eighteen years of age who is married is	52758
entitled to attend school in the child's district of residence.	52759

(3) A child is entitled to attend school in the district in	52760
which either of the child's parents is employed if the child has a	52761
medical condition that may require emergency medical attention.	52762
The parent of a child entitled to attend school under division	52763
(F)(3) of this section shall submit to the board of education of	52764
the district in which the parent is employed a statement from the	52765
child's physician certifying that the child's medical condition	52766
may require emergency medical attention. The statement shall be	52767
supported by such other evidence as the board may require.	52768

(4) Any child residing with a person other than the child's	52769
parent is entitled, for a period not to exceed twelve months, to	52770
attend school in the district in which that person resides if the	52771
child's parent files an affidavit with the superintendent of the	52772
district in which the person with whom the child is living resides	52773
stating all of the following:	52774

(a) That the parent is serving outside of the state in the	52775
armed services of the United States;	52776

(b) That the parent intends to reside in the district upon	52777
returning to this state;	52778

(c) The name and address of the person with whom the child is	52779
living while the parent is outside the state.	52780

(5) Any child under the age of twenty-two years who, after	52781
the death of a parent, resides in a school district other than the	52782
district in which the child attended school at the time of the	52783
parent's death is entitled to continue to attend school in the	52784
district in which the child attended school at the time of the	52785
parent's death for the remainder of the school year, subject to	52786
approval of that district board.	52787

(6) A child under the age of twenty-two years who resides	52788
with a parent who is having a new house built in a school district	52789
outside the district where the parent is residing is entitled to	52790
attend school for a period of time in the district where the new	52791
house is being built. In order to be entitled to such attendance,	52792
the parent shall provide the district superintendent with the	52793
following:	52794

(a) A sworn statement explaining the situation, revealing the	52795
location of the house being built, and stating the parent's	52796
intention to reside there upon its completion;	52797

(b) A statement from the builder confirming that a new house	52798
is being built for the parent and that the house is at the	52799
location indicated in the parent's statement.	52800

(7) A child under the age of twenty-two years residing with a	52801
parent who has a contract to purchase a house in a school district	52802
outside the district where the parent is residing and who is	52803
waiting upon the date of closing of the mortgage loan for the	52804
purchase of such house is entitled to attend school for a period	52805
of time in the district where the house is being purchased. In	52806
order to be entitled to such attendance, the parent shall provide	52807
the district superintendent with the following:	52808

(a) A sworn statement explaining the situation, revealing the	52809
location of the house being purchased, and stating the parent's	52810
intent to reside there;	52811

(b) A statement from a real estate broker or bank officer	52812
confirming that the parent has a contract to purchase the house,	52813
that the parent is waiting upon the date of closing of the	52814
mortgage loan, and that the house is at the location indicated in	52815
the parent's statement.	52816

The district superintendent shall establish a period of time	52817
not to exceed ninety days during which the child entitled to	52818
attend school under division (F)(6) or (7) of this section may	52819
attend without tuition obligation. A student attending a school	52820
under division (F)(6) or (7) of this section shall be eligible to	52821
participate in interscholastic athletics under the auspices of	52822
that school, provided the board of education of the school	52823
district where the student's parent resides, by a formal action,	52824
releases the student to participate in interscholastic athletics	52825
at the school where the student is attending, and provided the	52826
student receives any authorization required by a public agency or	52827
private organization of which the school district is a member	52828
exercising authority over interscholastic sports.	52829

(8) A child whose parent is a full-time employee of a city,	52830
local, or exempted village school district, or of an educational	52831
service center, may be admitted to the schools of the district	52832
where the child's parent is employed, or in the case of a child	52833
whose parent is employed by an educational service center, in the	52834
district that serves the location where the parent's job is	52835
primarily located, provided the district board of education	52836
establishes such an admission policy by resolution adopted by a	52837
majority of its members. Any such policy shall take effect on the	52838
first day of the school year and the effective date of any	52839
amendment or repeal may not be prior to the first day of the	52840
subsequent school year. The policy shall be uniformly applied to	52841
all such children and shall provide for the admission of any such	52842
child upon request of the parent. No child may be admitted under	52843
this policy after the first day of classes of any school year.	52844

(9) A child who is with the child's parent under the care of	52845
a shelter for victims of domestic violence, as defined in section	52846
3113.33 of the Revised Code, is entitled to attend school free in	52847
the district in which the child is with the child's parent, and no	52848
other school district shall be required to pay tuition for the	52849
child's attendance in that school district.	52850

The enrollment of a child in a school district under this	52851
division shall not be denied due to a delay in the school	52852
district's receipt of any records required under section 3313.672	52853
of the Revised Code or any other records required for enrollment.	52854
Any days of attendance and any credits earned by a child while	52855
enrolled in a school district under this division shall be	52856
transferred to and accepted by any school district in which the	52857
child subsequently enrolls. The state board of education shall	52858
adopt rules to ensure compliance with this division.	52859

(10) Any child under the age of twenty-two years whose parent	52860
has moved out of the school district after the commencement of	52861
classes in the child's senior year of high school is entitled,	52862
subject to the approval of that district board, to attend school	52863
in the district in which the child attended school at the time of	52864
the parental move for the remainder of the school year and for one	52865
additional semester or equivalent term. A district board may also	52866
adopt a policy specifying extenuating circumstances under which a	52867
student may continue to attend school under division (F)(10) of	52868
this section for an additional period of time in order to	52869
successfully complete the high school curriculum for the	52870
individualized education program developed for the student by the	52871
high school pursuant to section 3323.08 of the Revised Code.	52872

(11) As used in this division, "grandparent" means a parent	52873
of a parent of a child. A child under the age of twenty-two years	52874
who is in the custody of the child's parent, resides with a	52875
grandparent, and does not require special education is entitled to	52876
attend the schools of the district in which the child's	52877
grandparent resides, provided that, prior to such attendance in	52878
any school year, the board of education of the school district in	52879
which the child's grandparent resides and the board of education	52880
of the school district in which the child's parent resides enter	52881
into a written agreement specifying that good cause exists for	52882
such attendance, describing the nature of this good cause, and	52883
consenting to such attendance.	52884

In lieu of a consent form signed by a parent, a board of	52885
education may request the grandparent of a child attending school	52886
in the district in which the grandparent resides pursuant to	52887
division (F)(11) of this section to complete any consent form	52888
required by the district, including any authorization required by	52889
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	52890
Code. Upon request, the grandparent shall complete any consent	52891
form required by the district. A school district shall not incur	52892
any liability solely because of its receipt of a consent form from	52893
a grandparent in lieu of a parent.	52894

Division (F)(11) of this section does not create, and shall	52895
not be construed as creating, a new cause of action or substantive	52896
legal right against a school district, a member of a board of	52897
education, or an employee of a school district. This section does	52898
not affect, and shall not be construed as affecting, any	52899
immunities from defenses to tort liability created or recognized	52900
by Chapter 2744. of the Revised Code for a school district,	52901
member, or employee.	52902

(12) A child under the age of twenty-two years is entitled to	52903
attend school in a school district other than the district in	52904
which the child is entitled to attend school under division (B),	52905
(C), or (E) of this section provided that, prior to such	52906
attendance in any school year, both of the following occur:	52907

(a) The superintendent of the district in which the child is	52908
entitled to attend school under division (B), (C), or (E) of this	52909
section contacts the superintendent of another district for	52910
purposes of this division;	52911

(b) The superintendents of both districts enter into a	52912
written agreement that consents to the attendance and specifies	52913
that the purpose of such attendance is to protect the student's	52914
physical or mental well-being or to deal with other extenuating	52915
circumstances deemed appropriate by the superintendents.	52916

While an agreement is in effect under this division for a	52917
student who is not receiving special education under Chapter 3323.	52918
of the Revised Code and notwithstanding Chapter 3327. of the	52919
Revised Code, the board of education of neither school district	52920
involved in the agreement is required to provide transportation	52921
for the student to and from the school where the student attends.	52922

A student attending a school of a district pursuant to this	52923
division shall be allowed to participate in all student	52924
activities, including interscholastic athletics, at the school	52925
where the student is attending on the same basis as any student	52926
who has always attended the schools of that district while of	52927
compulsory school age.	52928

(13) All school districts shall comply with the	52929
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	52930
seq., for the education of homeless children. Each city, local,	52931
and exempted village school district shall comply with the	52932
requirements of that act governing the provision of a free,	52933
appropriate public education, including public preschool, to each	52934
homeless child.	52935

When a child loses permanent housing and becomes a homeless	52936
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	52937
such a homeless person changes temporary living arrangements, the	52938
child's parent or guardian shall have the option of enrolling the	52939
child in either of the following:	52940

(a) The child's school of origin, as defined in 42 U.S.C.A.	52941
11432(g)(3)(C);	52942

(b) The school that is operated by the school district in	52943
which the shelter where the child currently resides is located and	52944
that serves the geographic area in which the shelter is located.	52945

(14) A child under the age of twenty-two years who resides	52946
with a person other than the child's parent is entitled to attend	52947
school in the school district in which that person resides if both	52948
of the following apply:	52949

(a) That person has been appointed, through a military power	52950
of attorney executed under section 574(a) of the "National Defense	52951
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	52952
U.S.C. 1044b, or through a comparable document necessary to	52953
complete a family care plan, as the parent's agent for the care,	52954
custody, and control of the child while the parent is on active	52955
duty as a member of the national guard or a reserve unit of the	52956
armed forces of the United States or because the parent is a	52957
member of the armed forces of the United States and is on a duty	52958
assignment away from the parent's residence.	52959

(b) The military power of attorney or comparable document	52960
includes at least the authority to enroll the child in school.	52961

The entitlement to attend school in the district in which the	52962
parent's agent under the military power of attorney or comparable	52963
document resides applies until the end of the school year in which	52964
the military power of attorney or comparable document expires.	52965

(G) A board of education, after approving admission, may	52966
waive tuition for students who will temporarily reside in the	52967
district and who are either of the following:	52968

(1) Residents or domiciliaries of a foreign nation who	52969
request admission as foreign exchange students;	52970

(2) Residents or domiciliaries of the United States but not	52971
of Ohio who request admission as participants in an exchange	52972
program operated by a student exchange organization.	52973

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	52974
3327.04, and 3327.06 of the Revised Code, a child may attend	52975
school or participate in a special education program in a school	52976
district other than in the district where the child is entitled to	52977
attend school under division (B) of this section.	52978

(I)(1) Notwithstanding anything to the contrary in this	52979
section or section 3313.65 of the Revised Code, a child under	52980
twenty-two years of age may attend school in the school district	52981
in which the child, at the end of the first full week of October	52982
of the school year, was entitled to attend school as otherwise	52983
provided under this section or section 3313.65 of the Revised	52984
Code, if at that time the child was enrolled in the schools of the	52985
district but since that time the child or the child's parent has	52986
relocated to a new address located outside of that school district	52987
and within the same county as the child's or parent's address	52988
immediately prior to the relocation. The child may continue to	52989
attend school in the district, and at the school to which the	52990
child was assigned at the end of the first full week of October of	52991
the current school year, for the balance of the school year.	52992
Division (I)(1) of this section applies only if both of the	52993
following conditions are satisfied:	52994

(a) The board of education of the school district in which	52995
the child was entitled to attend school at the end of the first	52996
full week in October and of the district to which the child or	52997
child's parent has relocated each has adopted a policy to enroll	52998
children described in division (I)(1) of this section.	52999

(b) The child's parent provides written notification of the	53000
relocation outside of the school district to the superintendent of	53001
each of the two school districts.	53002

(2) At the beginning of the school year following the school	53003
year in which the child or the child's parent relocated outside of	53004
the school district as described in division (I)(1) of this	53005
section, the child is not entitled to attend school in the school	53006
district under that division.	53007

(3) Any person or entity owing tuition to the school district	53008
on behalf of the child at the end of the first full week in	53009
October, as provided in division (C) of this section, shall	53010
continue to owe such tuition to the district for the child's	53011
attendance under division (I)(1) of this section for the lesser of	53012
the balance of the school year or the balance of the time that the	53013
child attends school in the district under division (I)(1) of this	53014
section.	53015

(4) A pupil who may attend school in the district under	53016
division (I)(1) of this section shall be entitled to	53017
transportation services pursuant to an agreement between the	53018
district and the district in which the child or child's parent has	53019
relocated unless the districts have not entered into such	53020
agreement, in which case the child shall be entitled to	53021
transportation services in the same manner as a pupil attending	53022
school in the district under interdistrict open enrollment as	53023
described in division (H) of section 3313.981 of the Revised Code,	53024
regardless of whether the district has adopted an open enrollment	53025
policy as described in division (B)(1)(b) or (c) of section	53026
3313.98 of the Revised Code.	53027

(J) This division does not apply to a child receiving special	53028
education.	53029

A school district required to pay tuition pursuant to	53030
division (C)(2) or (3) of this section or section 3313.65 of the	53031
Revised Code shall have an amount deducted under division (C) of	53032
section 3317.023 of the Revised Code equal to its own tuition rate	53033
for the same period of attendance. A school district entitled to	53034
receive tuition pursuant to division (C)(2) or (3) of this section	53035
or section 3313.65 of the Revised Code shall have an amount	53036
credited under division (C) of section 3317.023 of the Revised	53037
Code equal to its own tuition rate for the same period of	53038
attendance. If the tuition rate credited to the district of	53039
attendance exceeds the rate deducted from the district required to	53040
pay tuition, the department of education shall pay the district of	53041
attendance the difference from amounts deducted from all	53042
districts' payments under division (C) of section 3317.023 of the	53043
Revised Code but not credited to other school districts under such	53044
division and from appropriations made for such purpose. The	53045
treasurer of each school district shall, by the fifteenth day of	53046
January and July, furnish the superintendent of public instruction	53047
a report of the names of each child who attended the district's	53048
schools under divisions (C)(2) and (3) of this section or section	53049
3313.65 of the Revised Code during the preceding six calendar	53050
months, the duration of the attendance of those children, the	53051
school district responsible for tuition on behalf of the child,	53052
and any other information that the superintendent requires.	53053

Upon receipt of the report the superintendent, pursuant to	53054
division (C) of section 3317.023 of the Revised Code, shall deduct	53055
each district's tuition obligations under divisions (C)(2) and (3)	53056
of this section or section 3313.65 of the Revised Code and pay to	53057
the district of attendance that amount plus any amount required to	53058
be paid by the state.	53059

(K) In the event of a disagreement, the superintendent of	53060
public instruction shall determine the school district in which	53061
the parent resides.	53062

(L) Nothing in this section requires or authorizes, or shall	53063
be construed to require or authorize, the admission to a public	53064
school in this state of a pupil who has been permanently excluded	53065
from public school attendance by the superintendent of public	53066
instruction pursuant to sections 3301.121 and 3313.662 of the	53067
Revised Code.	53068

(M) In accordance with division (B)(1) of this section, a	53069
child whose parent is a member of the national guard or a reserve	53070
unit of the armed forces of the United States and is called to	53071
active duty, or a child whose parent is a member of the armed	53072
forces of the United States and is ordered to a temporary duty	53073
assignment outside of the district, may continue to attend school	53074
in the district in which the child's parent lived before being	53075
called to active duty or ordered to a temporary duty assignment	53076
outside of the district, as long as the child's parent continues	53077
to be a resident of that district, and regardless of where the	53078
child lives as a result of the parent's active duty status or	53079
temporary duty assignment. However, the district is not	53080
responsible for providing transportation for the child if the	53081
child lives outside of the district as a result of the parent's	53082
active duty status or temporary duty assignment.	53083

Sec. 3313.646. (A) The board of education of a school	53084
district, except a cooperative education district established	53085
pursuant to section 3311.521 of the Revised Code, may establish	53086
and operate a ~~preschool~~ program to provide services to	53087
preschool-age children, provided the board has demonstrated a need	53088
for the program. A board may use school funds in support of	53089
preschool programs. The board shall maintain, operate, and admit	53090
children to any such program pursuant to rules adopted by such	53091
board and the rules of the state board of education adopted under	53092
sections 3301.52 to 3301.57 of the Revised Code.	53093

A board of education may establish fees or tuition, which may	53094
be graduated in proportion to family income, for participation in	53095
a preschool program. In cases where payment of fees or tuition	53096
would create a hardship for the child's parent or guardian, the	53097
board may waive any such fees or tuition.	53098

(B) No board of education that is not receiving funds under	53099
the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, on	53100
March 17, 1989, shall compete for funds under the "Head Start Act"	53101
with any grantee receiving funds under that act.	53102

(C) A board of education may contract with any of the	53103
following preschool providers to provide ~~preschool programs~~	53104
services to preschool-age children, other than ~~programs for units~~	53105
~~described by divisions (B) and (C) of~~those services for which the	53106
district is eligible to receive funding under section ~~3317.05~~	53107
3317.0213 of the Revised Code~~, for children of the school~~	53108
~~district~~:	53109

(1) Any organization receiving funds under the "Head Start	53110
Act";	53111

(2) Any nonsectarian eligible nonpublic school as defined in	53112
division (H) of section 3301.52 of the Revised Code;	53113

(3) Any child care provider licensed under Chapter 5104. of	53114
the Revised Code.	53115

Boards may contract to provide ~~preschool programs~~services to	53116
preschool-age children only with such organizations whose staff	53117
meet the requirements of rules adopted under section 3301.53 of	53118
the Revised Code or those of the child development associate	53119
credential established by the national association for the	53120
education of young children.	53121

(D) A contract entered into under division (C) of this	53122
section may provide for the board of education to lease school	53123
facilities to the preschool provider or to furnish transportation,	53124
utilities, or staff for the preschool program.	53125

(E) The treasurer of any board of education operating a	53126
preschool program pursuant to this section shall keep an account	53127
of all funds used to operate the program in the same manner as the	53128
treasurer would any other funds of the district pursuant to this	53129
chapter.	53130

Sec. 3313.65. (A) As used in this section and section	53131
3313.64 of the Revised Code:	53132

(1) A person is "in a residential facility" if the person is	53133
a resident or a resident patient of an institution, home, or other	53134
residential facility that is:	53135

(a) Licensed as a nursing home, residential care facility, or	53136
home for the aging by the director of health under section 3721.02	53137
of the Revised Code;	53138

(b) Maintained as a county home or district home by the board	53139
of county commissioners or a joint board of county commissioners	53140
under Chapter 5155. of the Revised Code;	53141

(c) Operated or administered by a board of alcohol, drug	53142
addiction, and mental health services under section 340.03 or	53143
~~340.06~~ of the Revised Code, or provides residential care pursuant	53144
to contracts made under section 340.03 ~~or 340.033~~ of the Revised	53145
Code;	53146

(d) Maintained as a state institution for the mentally ill	53147
under Chapter 5119. of the Revised Code;	53148

(e) Licensed by the department of ~~mental health~~mental health	53149
and addiction services under section ~~5119.20~~5119.33 or ~~5119.22~~	53150
5119.34 of the Revised Code;	53151

(f) Licensed as a residential facility by the department of	53152
developmental disabilities under section 5123.19 of the Revised	53153
Code;	53154

(g) Operated by the veteran's administration or another	53155
agency of the United States government;	53156

(h) Operated by the Ohio veterans' home.

53157

(2) A person is "in a correctional facility" if any of the	53158
following apply:	53159

(a) The person is an Ohio resident and is:

53160

(i) Imprisoned, as defined in section 1.05 of the Revised	53161
Code;	53162

(ii) Serving a term in a community-based correctional	53163
facility or a district community-based correctional facility;	53164

(iii) Required, as a condition of parole, a post-release	53165
control sanction, a community control sanction, transitional	53166
control, or early release from imprisonment, as a condition of	53167
shock parole or shock probation granted under the law in effect	53168
prior to July 1, 1996, or as a condition of a furlough granted	53169
under the version of section 2967.26 of the Revised Code in effect	53170
prior to March 17, 1998, to reside in a halfway house or other	53171
community residential center licensed under section 2967.14 of the	53172
Revised Code or a similar facility designated by the court of	53173
common pleas that established the condition or by the adult parole	53174
authority.	53175

(b) The person is imprisoned in a state correctional	53176
institution of another state or a federal correctional institution	53177
but was an Ohio resident at the time the sentence was imposed for	53178
the crime for which the person is imprisoned.	53179

(3) A person is "in a juvenile residential placement" if the	53180
person is an Ohio resident who is under twenty-one years of age	53181
and has been removed, by the order of a juvenile court, from the	53182
place the person resided at the time the person became subject to	53183
the court's jurisdiction in the matter that resulted in the	53184
person's removal.	53185

(4) "Community control sanction" has the same meaning as in	53186
section 2929.01 of the Revised Code.	53187

(5) "Post-release control sanction" has the same meaning as	53188
in section 2967.01 of the Revised Code.	53189

(B) If the circumstances described in division (C) of this	53190
section apply, the determination of what school district must	53191
admit a child to its schools and what district, if any, is liable	53192
for tuition shall be made in accordance with this section, rather	53193
than section 3313.64 of the Revised Code.	53194

(C) A child who does not reside in the school district in	53195
which the child's parent resides and for whom a tuition obligation	53196
previously has not been established under division (C)(2) of	53197
section 3313.64 of the Revised Code shall be admitted to the	53198
schools of the district in which the child resides if at least one	53199
of the child's parents is in a residential or correctional	53200
facility or a juvenile residential placement and the other parent,	53201
if living and not in such a facility or placement, is not known to	53202
reside in this state.	53203

(D) Regardless of who has custody or care of the child,	53204
whether the child resides in a home, or whether the child receives	53205
special education, if a district admits a child under division (C)	53206
of this section, tuition shall be paid to that district as	53207
follows:	53208

(1) If the child's parent is in a juvenile residential	53209
placement, by the district in which the child's parent resided at	53210
the time the parent became subject to the jurisdiction of the	53211
juvenile court;	53212

(2) If the child's parent is in a correctional facility, by	53213
the district in which the child's parent resided at the time the	53214
sentence was imposed;	53215

(3) If the child's parent is in a residential facility, by	53216
the district in which the parent resided at the time the parent	53217
was admitted to the residential facility, except that if the	53218
parent was transferred from another residential facility, tuition	53219
shall be paid by the district in which the parent resided at the	53220
time the parent was admitted to the facility from which the parent	53221
first was transferred;	53222

(4) In the event of a disagreement as to which school	53223
district is liable for tuition under division (C)(1), (2), or (3)	53224
of this section, the superintendent of public instruction shall	53225
determine which district shall pay tuition.	53226

(E) If a child covered by division (D) of this section	53227
receives special education in accordance with Chapter 3323. of the	53228
Revised Code, the tuition shall be paid in accordance with section	53229
3323.13 or 3323.14 of the Revised Code. Tuition for children who	53230
do not receive special education shall be paid in accordance with	53231
division (J) of section 3313.64 of the Revised Code.	53232

Sec. 3313.714. (A) As used in this section:

53233

(1) "Board of education" means the board of education of a	53234
city, local, exempted village, or joint vocational school	53235
district.	53236

(2) "Healthcheck" means the early and periodic screening,	53237
diagnosis, and treatment program, a component of the ~~medical~~	53238
~~assistance~~medicaid program ~~established under Title XIX of the~~	53239
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 302, as~~	53240
~~amended, and Chapter 5111. of the Revised Code~~.	53241

(3) "Pupil" means a person under age twenty-two enrolled in	53242
the schools of a city, local, exempted village, or joint	53243
vocational school district.	53244

(4) "Parent" means either parent with the following	53245
exceptions:	53246

(a) If one parent has custody by court order, "parent" means	53247
the parent with custody.	53248

(b) If neither parent has legal custody, "parent" means the	53249
person or government entity with legal custody.	53250

(c) The child's legal guardian or a person who has accepted	53251
responsibility for the health, safety, and welfare of the child.	53252

(B) At the request of the department of ~~job and family~~	53253
~~services~~medicaid, a board of education shall establish and	53254
conduct a healthcheck program for pupils enrolled in the schools	53255
of the district who are medicaid recipients ~~of medical assistance~~	53256
~~under Chapter 5111. of the Revised Code~~. At the request of a board	53257
of education, the department may authorize the board to establish	53258
a healthcheck program. A board that establishes a healthcheck	53259
program shall enter into a ~~medical assistance~~medicaid provider	53260
agreement with the department.	53261

A healthcheck program established by a board of education	53262
shall be conducted in accordance with rules adopted by the	53263
medicaid director ~~of job and family services~~ under division (F) of	53264
this section. The healthcheck program shall include all of the	53265
following components:	53266

(1) A comprehensive health and development history;

53267

(2) A comprehensive physical examination;

53268

(3) A developmental assessment;

53269

(4) A nutritional assessment;

53270

(5) A vision assessment;

53271

(6) A hearing assessment;

53272

(7) An immunization assessment;

53273

(8) Lead screening and laboratory tests ordered by a doctor	53274
of medicine or osteopathic medicine as part of one of the other	53275
components;	53276

(9) Such other assessment as may be required by the	53277
department of ~~job and family services~~medicaid in accordance with	53278
the requirements of the healthcheck program.	53279

All services included in a board of education's healthcheck	53280
program that the board provided under sections 3313.67, 3313.673,	53281
3313.68, 3313.69, and 3313.71 of the Revised Code during the	53282
1990-1991 school year shall continue to be provided to ~~medical~~	53283
~~assistance~~medicaid recipients by the board pursuant to those	53284
sections. The services shall be considered part of the healthcheck	53285
program for medicaid recipients ~~of medical assistance~~, and the	53286
board shall be eligible for ~~reimbursement~~payment from the ~~state~~	53287
department in accordance with this division for providing the	53288
services.	53289

The department shall ~~reimburse~~pay boards of education for	53290
healthcheck program services provided under this division at the	53291
rates paid under the ~~medical assistance~~medicaid program to	53292
physicians, dentists, nurses, and other providers of healthcheck	53293
services.	53294

(C) Each board of education that conducts a healthcheck	53295
program shall determine for each pupil enrolled in the schools of	53296
the district whether the pupil is a ~~medical assistance~~medicaid	53297
recipient. The department of ~~job and family services~~medicaid and	53298
county departments of ~~human services~~job and family services shall	53299
assist the board in making these determinations. Except as	53300
necessary to carry out the purposes of this section, all	53301
information received by a board under this division shall be	53302
confidential.	53303

Before the first day of October of each year, each board that	53304
conducts a healthcheck program shall send the parent of each pupil	53305
who is under age eighteen and a medicaid recipient ~~of medical~~	53306
~~assistance~~ notice that the pupil will be examined under the	53307
district's healthcheck program unless the parent notifies the	53308
board that the parent denies consent for the examination. The	53309
notice shall include a form to be used by the parent to indicate	53310
that the parent denies consent. The denial shall be effective only	53311
if the form is signed by the parent and returned to the board or	53312
the school in which the pupil is enrolled. If the parent does not	53313
return a signed form indicating denial of consent within two weeks	53314
after the date the notice is sent, the school district and the	53315
department of ~~job and family services~~medicaid shall deem the	53316
parent to have consented to examination of the parent's child	53317
under the healthcheck program. In the case of a pupil age eighteen	53318
or older, the notice shall be given to the pupil, and the school	53319
district and the department of ~~job and family services~~medicaid	53320
shall deem the pupil to have consented to examination unless the	53321
pupil returns the signed form indicating the pupil's denial of	53322
consent.	53323

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

53324

(a) "Nonfederal share" means the portion of expenditures for	53325
services that is required under the ~~medical assistance~~medicaid	53326
program to be paid for with state or local government funds.	53327

(b) "Federal financial participation" means the portion of	53328
expenditures for services that is ~~reimbursed~~payable under the	53329
~~medical assistance~~medicaid program with federal funds.	53330

(2) At the request of a board of education, the state	53331
department may enter into an agreement with the board under which	53332
the board provides medical services to a medicaid recipient of	53333
~~medical assistance~~ that are ~~reimbursable~~payable under the ~~medical~~	53334
~~assistance~~medicaid program but not under the healthcheck program.	53335
The agreement may be for a term specified in the agreement and	53336
renewable by mutual consent of the board and the department, or	53337
may continue in force as long as agreeable to the board and the	53338
department.	53339

The board shall use state or local funds of the district to	53340
pay the nonfederal share of expenditures for services provided	53341
under this division. Prior to entering into or renewing an	53342
agreement and at any other time requested by the department while	53343
the agreement is in force, the board shall certify to the	53344
department in accordance with the rules adopted under division (F)	53345
of this section that it will have sufficient state or local funds	53346
to pay the nonfederal share of expenditures under this division.	53347
If the board fails to make the certification, the department shall	53348
not enter into or renew the agreement. If an agreement has been	53349
entered into, it shall be void unless the board makes the	53350
certification not later than fifteen days after receiving notice	53351
from the department that the certification is due. The board shall	53352
report to the department, in accordance with the rules, the amount	53353
of state or local funds it spends to provide services under this	53354
division.	53355

The department shall ~~reimburse~~pay the board the federal	53356
financial participation allowed for the board's expenditures for	53357
services under this division. The total of the nonfederal share	53358
spent by the board and the federal financial participation	53359
~~reimbursed~~paid by the department for a service rendered under	53360
this division shall be an amount agreed to by the board and the	53361
department, but shall not exceed the maximum ~~reimbursable~~payable	53362
amount for that service under rules adopted ~~by the director of job~~	53363
~~and family services~~ under ~~Chapter 5111.~~section 5164.02 of the	53364
Revised Code. The rules adopted under division (F) of this section	53365
shall include procedures under which the department will recover	53366
from a board overpayments and subsequent federal audit	53367
disallowances of federal financial participation ~~reimbursed~~paid	53368
by the department.	53369

(E) A board of education shall provide services under	53370
division (D) of this section and under its healthcheck program as	53371
provided in division (E)(1), (2), or (3) of this section:	53372

(1) By having the services performed by physicians, dentists,	53373
and nurses employed by the board;	53374

(2) By contracting with physicians, dentists, nurses, and	53375
other providers of services who have ~~medical assistance~~medicaid	53376
provider agreements with the department of ~~job and family services~~	53377
medicaid;	53378

(3) By having some of the services performed by persons	53379
described in division (E)(1) of this section and others performed	53380
by persons described in division (E)(2) of this section.	53381

(F) The medicaid director ~~of job and family services~~ shall	53382
adopt rules in accordance with Chapter 119. of the Revised Code	53383
governing healthcheck programs conducted under this section and	53384
services provided under division (D) of this section.	53385

Sec. 3313.715. The board of education of a school district	53386
may request from the director of developmental disabilities the	53387
appropriate identification numbers for all students residing in	53388
the district who are ~~medical assistance~~medicaid recipients ~~under~~	53389
~~Chapter 5111. of the Revised Code~~. The director shall furnish such	53390
numbers upon receipt of lists of student names furnished by the	53391
district board, in such form as the director may require.	53392

The medicaid director ~~of job and family services~~ shall	53393
provide the director of developmental disabilities with the data	53394
necessary for compliance with this section.	53395

Section 3319.321 of the Revised Code does not apply to the	53396
release of student names or other data to the director of	53397
developmental disabilities for the purposes of this section.	53398
Chapter 1347. of the Revised Code does not apply to information	53399
required to be kept by a school board or the departments of ~~job~~	53400
~~and family services~~medicaid or developmental disabilities to the	53401
extent necessary to comply with this section and section 3313.714	53402
of the Revised Code. However, any such information or data shall	53403
be used only for the specific legal purposes of such boards and	53404
departments and shall not be released to any unauthorized person.	53405

Sec. 3313.82. The board of education of each ~~city and~~	53406
~~exempted village~~ school district and the governing board of each	53407
educational service center shall appoint a business advisory	53408
council, except that a school district that has entered into an	53409
agreement under section 3313.843 or 3313.845 of the Revised Code	53410
to receive any services from an educational service center is not	53411
required to appoint a council if the school district and	53412
educational service center agree that the educational service	53413
center's council will represent the business of the district. The	53414
council shall advise and provide recommendations to the board on	53415
matters specified by the board including, but not necessarily	53416
limited to, the delineation of employment skills and the	53417
development of curriculum to instill these skills; changes in the	53418
economy and in the job market, and the types of employment in	53419
which future jobs are most likely to be available; and suggestions	53420
for developing a working relationship among businesses, labor	53421
organizations, and educational personnel ~~in the district or in~~	53422
~~the territory of the educational service center~~. Each board shall	53423
determine the membership and organization of its council.	53424
Notwithstanding division (D) of section 3311.19 and division (D)	53425
of section 3311.52 of the Revised Code, this section shall not	53426
apply to the board of education of any joint vocational school	53427
district or any cooperative education school district created	53428
pursuant to divisions (A) to (C) of section 3311.52 of the Revised	53429
Code.	53430

Sec. 3313.83. (A)(1) For the purpose of pooling resources,	53431
operating more cost effectively, minimizing administrative	53432
overhead, encouraging the sharing of resource development, and	53433
diminishing duplication, the boards of education of two or more	53434
city, local, or exempted village school districts each having a	53435
majority of its territory in a county with a population greater	53436
than one million two hundred thousand, by adopting identical	53437
resolutions, may enter into an agreement providing for the	53438
creation of a regional student education district for the purpose	53439
of funding the following for students enrolled in those school	53440
districts, including students diagnosed as autistic and students	53441
with special needs, and their immediate family members:	53442

(a) Special education services;

53443

(b) Behavioral health services for persons with special	53444
needs.	53445

If more than eight boards of education adopt resolutions to	53446
form a regional student education district, the boards may meet at	53447
facilities of the educational service center of the county to	53448
discuss membership in the district.	53449

(2) The territory of a regional student education district at	53450
any time shall be composed of the combined territories of the	53451
school districts that are parties to the agreement at that time.	53452
Services funded by a regional student education district shall be	53453
available to all individuals enrolled in a school district that is	53454
a part of the regional student education district and members of	53455
their immediate family.	53456

(3) The agreement may be amended pursuant to terms and	53457
procedures mutually agreed to by the boards of education that are	53458
parties to the agreement.	53459

(B) Each regional student education district shall be	53460
governed by a board of directors. The superintendent of each board	53461
of education that is a party to the agreement shall serve on the	53462
board of directors. The agreement shall provide for the terms of	53463
office of directors. Directors shall receive no compensation, but	53464
shall be reimbursed, from the special fund of the regional student	53465
education district, for the reasonable and necessary expenses they	53466
incur in the performance of their duties for the district. The	53467
agreement shall provide for the conduct of the board's initial	53468
organizational meeting and for the frequency of subsequent	53469
meetings and quorum requirements. At its first meeting, the board	53470
shall designate from among its members a president and secretary	53471
in the manner provided in the agreement.	53472

The board of directors of a regional student education	53473
district is a body corporate and politic, is capable of suing and	53474
being sued, is capable of contracting within the limits of this	53475
section and the agreement governing the district, and is capable	53476
of accepting gifts, donations, bequests, or other grants of money	53477
for use in paying its expenses. The district is a public office	53478
and its directors are public officials within the meaning of	53479
section 117.01 of the Revised Code, the board of directors is a	53480
public body within the meaning of section 121.22 of the Revised	53481
Code, and records of the board and of the district are public	53482
records within the meaning of section 149.43 of the Revised Code.	53483

The agreement shall require the board to designate a	53484
permanent location for its offices and meeting place, and may	53485
provide for the use of such facilities and property for the	53486
provision of services by the agencies with which the board	53487
contracts under division (C) of this section.	53488

(C)(1) To provide the services identified in division (A)(1)	53489
of this section, the board of directors of a regional student	53490
education district shall provide for the hiring of employees or	53491
shall contract with one or more entities. Except as provided in	53492
division (C)(2) of this section, any entity with which the board	53493
of directors contracts to provide the services identified in	53494
division (A)(1)(b) of this section shall be a qualified nonprofit,	53495
nationally accredited agency to which both of the following apply:	53496

(a) The agency is licensed or certified by the departments of	53497
~~mental health,~~mental health and addiction services and job and	53498
family services~~, and alcohol and drug addiction services~~.	53499

(b) The agency provides school-based behavioral health	53500
services.	53501

(2) The board of directors may contract with an entity that	53502
does not meet the conditions stated in division (C)(1) of this	53503
section if the services to be provided by the entity are only	53504
incidental to the services identified in division (A)(1)(b) of	53505
this section.	53506

(3) The board of directors may levy a tax throughout the	53507
district as provided in section 5705.2111 of the Revised Code. The	53508
board of directors shall provide for the creation of a special	53509
fund to hold the proceeds of any tax levied under section	53510
5705.2111 of the Revised Code and any gifts, donations, bequests,	53511
or other grants of money coming into the possession of the	53512
district. A regional student education district is a subdivision,	53513
and the board of directors is a governing body, within the meaning	53514
of section 135.01 of the Revised Code. The board of directors may	53515
not issue securities or otherwise incur indebtedness.	53516

(4) The adoption or rejection by electors of a tax levy to	53517
fund a regional student education district pursuant to section	53518
5705.2111 of the Revised Code does not alter the duty of each	53519
school district member of the regional student education district	53520
to provide special education and related services as required	53521
under Chapter 3323. of the Revised Code. On the expiration of a	53522
regional student education district levy, the state, member school	53523
districts of the regional student education district, and any	53524
other governmental entity shall not be obligated to provide	53525
replacement funding for the revenues under the expired levy. The	53526
tax levy, in whole or in part, shall not be considered a levy for	53527
current operating expenses pursuant to division (A) of section	53528
3317.01 of the Revised Code for any of the school districts that	53529
are members of the regional student education district.	53530

(D)(1) The agreement shall provide for the manner of	53531
appointing an individual or entity to perform the duties of fiscal	53532
officer of the regional student education district. The agreement	53533
shall specify the length of time the individual or entity shall	53534
perform those duties and whether the individual or entity may be	53535
reappointed upon the completion of a term. The fiscal officer may	53536
receive compensation for performing the duties of the position and	53537
be reimbursed for reasonable expenses of performing those duties	53538
from the regional student education district's special fund.	53539

(2) The legal advisor of the board of directors of a regional	53540
student education district shall be the prosecuting attorney of	53541
the most populous county containing a school district that is a	53542
member of the regional student education district. The prosecuting	53543
attorney shall prosecute all actions against a member of the board	53544
of directors for malfeasance or misfeasance in office and shall be	53545
the legal counsel for the board and its members in all other	53546
actions brought by or against them and shall conduct those actions	53547
in the prosecuting attorney's official capacity. No compensation	53548
in addition to the prosecuting attorney's regular salary shall be	53549
allowed.	53550

(E) The board of directors of a regional student education	53551
district shall procure a policy or policies of insurance insuring	53552
the board, the fiscal officer, and the legal representative	53553
against liability on account of damage or injury to persons and	53554
property. Before procuring such insurance the board shall adopt a	53555
resolution setting forth the amount of insurance to be purchased,	53556
the necessity of the insurance, and a statement of its estimated	53557
premium cost. Insurance procured pursuant to this section shall be	53558
from one or more recognized insurance companies authorized to do	53559
business in this state. The cost of the insurance shall be paid	53560
from the district's special fund.	53561

A regional student education district is a political	53562
subdivision within the meaning of section 2744.01 of the Revised	53563
Code.	53564

(F)(1) The board of education of a school district having a	53565
majority of its territory in the county may join an existing	53566
regional student education district by adopting a resolution	53567
requesting to join as a party to the agreement and upon approval	53568
by the boards of education that currently are parties to the	53569
agreement. If a tax is levied in the regional student education	53570
district under section 5705.2111 of the Revised Code, a board of	53571
education may join the district only after a majority of qualified	53572
electors in the school district voting on the question vote in	53573
favor of levying the tax throughout the school district. A board	53574
of education joining an existing district shall have the same	53575
powers, rights, and obligations under the agreement as other	53576
boards of education that are parties to the agreement.	53577

(2) A board of education that is a party to an agreement	53578
under this section may withdraw the school district from a	53579
regional student education district by adopting a resolution. The	53580
withdrawal shall take effect on the date provided in the	53581
resolution. If a tax is levied in the regional student education	53582
district under section 5705.2111 of the Revised Code, the	53583
resolution shall take effect not later than the first day of	53584
January following adoption of the resolution. Beginning with the	53585
first day of January following adoption of the resolution, any tax	53586
levied under section 5705.2111 of the Revised Code shall not be	53587
levied within the territory of the withdrawing school district.	53588
Any collection of tax levied in the territory of the withdrawing	53589
school district under that section that has not been settled and	53590
distributed when the resolution takes effect shall be credited to	53591
the district's special fund.	53592

(G) An agreement entered into under this section shall	53593
provide for the manner of the regional student education	53594
district's dissolution. The district shall cease to exist when not	53595
more than one school district remains in the district, and the	53596
levy of any tax under section 5705.2111 of the Revised Code shall	53597
not be extended on the tax lists in any tax year beginning after	53598
the dissolution of the district. The agreement shall provide that,	53599
upon dissolution of the district, any unexpended balance in the	53600
district's special fund shall be divided among the school	53601
districts that are parties to the agreement immediately before	53602
dissolution in proportion to the taxable valuation of taxable	53603
property in the districts, and credited to their respective	53604
general funds.	53605

Sec. 3313.841. The boards of education and governing boards	53606
of two or more city, local, joint vocational, or exempted village	53607
school districts or educational service centers may contract in	53608
accordance with the terms of this section for the sharing on a	53609
cooperative basis of the services of supervisory teachers, special	53610
instruction teachers, special education teachers, and other	53611
licensed personnel necessary to conduct approved cooperative	53612
classes for special education and related services and gifted	53613
education.	53614

The boards of two or more districts or service centers	53615
desiring to enroll students in such classes shall each adopt	53616
resolutions indicating such desire and designating one of the	53617
participating districts or service centers as the funding agent	53618
for purposes of this section. The district or service center	53619
designated as the funding agent shall enter into an employment	53620
contract with each licensed teacher whose services are to be	53621
shared among the participating districts and service centers. In	53622
turn, the funding agent shall enter into contracts with each of	53623
the districts and service centers which have adopted resolutions	53624
agreeing to participate in the cooperative program upon terms	53625
agreed to by all parties to such contract. Such contracts between	53626
districts and service centers shall set forth the services to be	53627
provided by the licensed teacher employed by the funding agent	53628
whose services are to be shared by the participating districts and	53629
service centers and the basis for computing the amounts to be paid	53630
for such services to the funding agent by the participating	53631
districts and service centers.	53632

For purposes of ~~division (B) of~~ section ~~3317.05~~3317.0213 of	53633
the Revised Code, the funding agent shall count all pupils	53634
enrolled in cooperative programs for pupils with disabilities as	53635
pupils enrolled in such programs in the funding agent district.	53636
Upon receipt of payment for such programs, the funding agent	53637
district shall credit the account of districts participating in	53638
the cooperative program for the amounts due under contracts	53639
entered into under the terms of this section in proportion to the	53640
number of resident students enrolled in the cooperative program	53641
from each participating district and service center.	53642

In determining the terms of the contract entered into by the	53643
funding agent district or service center and the participating	53644
districts and service centers, the superintendent of schools of	53645
each participating board of education and governing board shall	53646
serve as a committee which shall recommend such terms to such	53647
boards.	53648

Sec. 3313.843. (A) Notwithstanding division (D) of section	53649
3311.52 of the Revised Code, this section does not apply to any	53650
cooperative education school district.	53651

(B)(1) The board of education of each city, exempted village,	53652
or local school district with an average daily student enrollment	53653
of sixteen thousand or less, reported for the district on the most	53654
recent report card issued under section 3302.03 of the Revised	53655
Code, shall enter into an agreement with the governing board of an	53656
educational service center, under which the educational service	53657
center governing board will provide services to the district.	53658

(2) The board of education of a city, exempted village, or	53659
local school district with an average daily student enrollment of	53660
more than sixteen thousand may enter into an agreement with the	53661
governing board of an educational service center, under which the	53662
educational service center governing board will provide services	53663
to the district.	53664

(3) Services provided under an agreement entered into under	53665
division (B)(1) or (2) of this section shall be specified in the	53666
agreement, and may include any of the following: supervisory	53667
teachers; in-service and continuing education programs for	53668
district personnel; curriculum services; research and development	53669
programs; academic instruction for which the governing board	53670
employs teachers pursuant to section 3319.02 of the Revised Code;	53671
assistance in the provision of special accommodations and classes	53672
for students with disabilities; or any other services the district	53673
board and service center governing board agree can be better	53674
provided by the service center and are not provided under an	53675
agreement entered into under section 3313.845 of the Revised Code.	53676
Services included in the agreement shall be provided to the	53677
district in the manner specified in the agreement. The district	53678
board of education shall reimburse the educational service center	53679
governing board pursuant to ~~section 3317.11 of the Revised Code~~	53680
division (H) of this section.	53681

~~Beginning with the 2012-2013 school year, the board of any~~	53682
~~district described in division (B)(2) of this section may elect~~	53683
~~not to receive the supervisory services for which supervisory~~	53684
~~units are paid under division (B) of section 3317.11 of the~~	53685
~~Revised Code, provided that election is specified in the~~	53686
~~agreement.~~	53687

(C) Any agreement entered into pursuant to this section shall	53688
be filed with the department of education by the first day of July	53689
of the school year for which the agreement is in effect.	53690

(D)(1) An agreement for services from an educational service	53691
center entered into under this section may be terminated by the	53692
school district board of education, at its option, by notifying	53693
the governing board of the service center by March 1, 2012, or by	53694
the first day of January of any odd-numbered year thereafter, that	53695
the district board intends to terminate the agreement in that	53696
year, and that termination shall be effective on the thirtieth day	53697
of June of that year. The failure of a district board to notify an	53698
educational service center of its intent to terminate an agreement	53699
by March 1, 2012, shall result in renewal of the existing	53700
agreement for the following school year. Thereafter, the failure	53701
of a district board to notify an educational service center of its	53702
intent to terminate an agreement by the first day of January of an	53703
odd-numbered year shall result in renewal of the existing	53704
agreement for the following two school years.	53705

(2) If the school district that terminates an agreement for	53706
services under division (D)(1) of this section is also subject to	53707
the requirement of division (B)(1) of this section, the district	53708
board shall enter into a new agreement with any educational	53709
service center so that the new agreement is effective on the first	53710
day of July of that same year.	53711

(3) If all moneys owed by a school district to an educational	53712
service center under an agreement for services terminated under	53713
division (D)(1) of this section have been paid in full by the	53714
effective date of the termination, the governing board of the	53715
service center shall submit an affidavit to the department	53716
certifying that fact not later than fifteen days after the	53717
termination's effective date. Notwithstanding anything in the	53718
Revised Code to the contrary, until the department receives such	53719
an affidavit, it shall not make any payments to any other	53720
educational service center with which the district enters into an	53721
agreement under this section for services that the educational	53722
service center provides to the district.	53723

(E) An educational service center may apply to any state or	53724
federal agency for competitive grants. It may also apply to any	53725
private entity for additional funds.	53726

(F) Not later than January 1, 2014, each educational service	53727
center shall post on its web site a list of all of the services	53728
that it provides and the corresponding cost for each of those	53729
services.	53730

(G)(1) For purposes of calculating any state subsidy to be	53731
paid to an educational service center for services provided to a	53732
school district, the service center's student count shall be the	53733
sum of the total student counts of all the school districts with	53734
which the educational service center has entered into an agreement	53735
under this section.	53736

(2) When a district enters into a new agreement with a new	53737
educational service center, the department of education shall	53738
ensure that the state subsidy for services provided to the	53739
district is paid to the new educational service center and that	53740
the educational service center with which the district previously	53741
had an agreement is no longer paid a state subsidy for providing	53742
services to that district.	53743

(H) Pursuant to division (B) of section 3317.023 of the	53744
Revised Code, the department annually shall deduct from each	53745
school district that enters into an agreement with an educational	53746
service center under this section, and pay to the service center,	53747
an amount equal to six dollars and fifty cents times the school	53748
district's total student count. The district board of education,	53749
or the district superintendent acting on behalf of the district	53750
board, may agree to pay an amount in excess of six dollars and	53751
fifty cents per student in total student count. If a majority of	53752
the boards of education, or superintendents acting on behalf of	53753
the boards, of the districts that entered into an agreement under	53754
this section approve an amount in excess of six dollars and fifty	53755
cents per student in total student count, each district shall pay	53756
the excess amount to the service center.	53757

(I) For purposes of this section, a school district's "total	53758
student count" means the average daily student enrollment reported	53759
on the most recent report card issued for the district pursuant to	53760
section 3302.03 of the Revised Code.	53761

Sec. 3313.844. The governing authority of a community school	53762
established under Chapter 3314. of the Revised Code and the	53763
governing board of an educational service center may enter into an	53764
agreement, through adoption of identical resolutions, under which	53765
the service center board will provide services to the community	53766
school. Services provided under the agreement and the amount and	53767
manner in which the community school ~~board~~ will pay for such	53768
services shall be mutually agreed to by the school's governing	53769
~~board~~authority and the service center board, and shall be	53770
specified in the service agreement. If specified in the agreement	53771
as the manner of payment, the department of education shall pay	53772
the service center the amount due to it under the agreement and	53773
shall deduct that amount from the payments made to the community	53774
school under Chapter 3314. of the Revised Code. Any agreement	53775
entered into under this section shall be valid only if a copy is	53776
filed with the department.	53777

Sec. 3313.845. The board of education of a city, exempted	53778
village, or local, or joint vocational school district and the	53779
governing board of an educational service center may enter into an	53780
agreement under which the educational service center will provide	53781
services to the school district. Services provided under the	53782
agreement and the amount to be paid for such services shall be	53783
mutually agreed to by the district board of education and the	53784
service center governing board, and shall be specified in the	53785
agreement. Payment for services specified in the agreement shall	53786
be made pursuant to ~~division (D) of section 3317.11 of the~~	53787
~~Revised Code and shall not include any deduction under division~~	53788
~~(B), (C), or (F) of that section~~the terms of that agreement. If	53789
specified in the agreement as the manner of payment, the	53790
department of education shall pay the service center the amount	53791
due to it under the agreement and shall deduct that amount from	53792
the payments made to the city, exempted village, local, or joint	53793
vocational school district under Chapter 3317. of the Revised	53794
Code. Any agreement entered into pursuant to this section shall be	53795
valid only if a copy is filed with the department ~~of education~~.	53796

The authority granted under this section to the boards of	53797
education of city, exempted village, and local school districts is	53798
in addition to the authority granted to such boards under section	53799
3313.843 of the Revised Code.	53800

Sec. 3313.848. (A) As used in this section:

53801

(1) "Client" means a city, local, or exempted village school	53802
district, community school established under Chapter 3314. of the	53803
Revised Code, STEM school established under Chapter 3326. of the	53804
Revised Code, or political subdivision.	53805

(2) "Governing body" means the board of education of a school	53806
district, governing authority of a community school, governing	53807
body of a STEM school, or governing body of a political	53808
subdivision.	53809

(3) "Political subdivision" has the same meaning as used in	53810
section 3313.846 of the Revised Code.	53811

(4) "Service agreement" means an agreement that a client has	53812
entered into with an educational service center under section	53813
3313.843, 3313.844, 3313.845, 3313.846, or 3326.45 of the Revised	53814
Code and any subsequent amendment to that agreement.	53815

(B) If at the end of a fiscal year for which a service	53816
agreement is in effect any of the funds paid directly by a client	53817
to the educational service center under the agreement are	53818
unexpended and unobligated, a client's governing body may elect to	53819
have the service center retain the unexpended and unobligated	53820
funds for the purpose of applying them toward any payment the	53821
client will owe to the service center under a service agreement	53822
for the next fiscal year. The treasurer or fiscal officer of the	53823
client shall indicate on the client's end-of-year financial report	53824
that unexpended funds have been retained by the service center and	53825
the amount of those funds.	53826

(C) A client shall expend its funds retained under division	53827
(B) of this section only for services specifically set forth under	53828
a service agreement. The treasurer of the educational service	53829
center shall keep a record of the client's expenditure and the	53830
service or services for which the expenditure was made. On at	53831
least an annual basis, or upon the request of the client's	53832
governing body or its treasurer or fiscal officer, the treasurer	53833
of the service center shall notify the client's treasurer or	53834
fiscal officer of the expenditures recorded under this division.	53835
The client's treasurer or fiscal officer shall include that	53836
information in the financial report made by the treasurer or	53837
fiscal officer at the next meeting of the client's governing body	53838
that occurs following receipt of the information.	53839

Sec. 3313.849. The governing bodies of two or more city,	53840
exempted village, local, or joint vocational school districts,	53841
community schools established under Chapter 3314. of the Revised	53842
Code, or STEM schools established under Chapter 3326. of the	53843
Revised Code, may mutually agree to share supervisory, curriculum,	53844
teaching, special education, professional development, or any	53845
other services offered by an educational service center and may	53846
pool their funding to pay the cost of receiving those services.	53847
Each of the governing bodies of the districts or schools	53848
participating in shared services pursuant to this section shall	53849
specify in its service agreement with the service center under	53850
section 3313.843, 3313.844, 3313.845, or 3326.45 of the Revised	53851
Code which services that the participants have agreed to share,	53852
any other districts or schools participating in the shared	53853
services, and the amount of funds that the governing body will	53854
contribute toward the total cost of the shared services. Each	53855
governing body's funding contribution shall be paid to the service	53856
center in accordance with section 3313.843, 3313.844, 3313.845, or	53857
3326.45 of the Revised Code, as applicable.	53858

The authority granted under this section is in addition to	53859
the authority granted to school district boards of education under	53860
section 3313.841 of the Revised Code.	53861

Sec. 3313.88. (A)(1) Prior to the first day of August of	53862
each school year, the board of education of any school district or	53863
the governing authority of any chartered nonpublic school may	53864
submit to the department of education a plan to require students	53865
to access and complete classroom lessons posted on the district's	53866
or nonpublic school's web portal or web site in order to make up	53867
days in that school year on which it is necessary to close schools	53868
for any of the reasons specified in division (B) of section	53869
3317.01 of the Revised Code in excess of the number of days	53870
permitted under sections 3313.48, 3313.481, and 3317.01 of the	53871
Revised Code.	53872

Prior to the first day of August of each school year, the	53873
governing authority of any community school established under	53874
Chapter 3314. that is not an internet- or computer-based community	53875
school, as defined in section 3314.02 of the Revised Code, may	53876
submit to the department a plan to require students to access and	53877
complete classroom lessons posted on the school's web portal or	53878
web site in order to make up days or hours in that school year on	53879
which it is necessary to close the school for any of the reasons	53880
specified in division ~~(L)~~(H)(4) of section 3314.08 of the Revised	53881
Code so that the school is in compliance with the minimum number	53882
of hours required under Chapter 3314. of the Revised Code.	53883

A plan submitted by a school district board or chartered	53884
nonpublic school governing authority shall provide for making up	53885
any number of days, up to a maximum of three days. A plan	53886
submitted by a community school governing authority shall provide	53887
for making up any number of hours, up to a maximum of the	53888
equivalent of three days. Provided the plan meets all requirements	53889
of this section, the department shall permit the board or	53890
governing authority to implement the plan for the applicable	53891
school year.	53892

(2) Each plan submitted under this section by a school	53893
district board of education shall include the written consent of	53894
the teachers' employee representative designated under division	53895
(B) of section 4117.04 of the Revised Code.	53896

(3) Each plan submitted under this section shall provide for	53897
the following:	53898

(a) Not later than the first day of November of the school	53899
year, each classroom teacher shall develop a sufficient number of	53900
lessons for each course taught by the teacher that school year to	53901
cover the number of make-up days or hours specified in the plan.	53902
The teacher shall designate the order in which the lessons are to	53903
be posted on the district's, community school's, or nonpublic	53904
school's web portal or web site in the event of a school closure.	53905
Teachers may be granted up to one professional development day to	53906
create lesson plans for those lessons.	53907

(b) To the extent possible and necessary, a classroom teacher	53908
shall update or replace, based on current instructional progress,	53909
one or more of the lesson plans developed under division (A)(3)(a)	53910
of this section before they are posted on the web portal or web	53911
site under division (A)(3)(c) of this section or distributed under	53912
division (B) of this section.	53913

(c) As soon as practicable after a school closure, a district	53914
or school employee responsible for web portal or web site	53915
operations shall make the designated lessons available to students	53916
on the district's, community school's, or nonpublic school's	53917
portal or site. A lesson shall be posted for each course that was	53918
scheduled to meet on the day or hours of the closure.	53919

(d) Each student enrolled in a course for which a lesson is	53920
posted on the portal or site shall be granted a two-week period	53921
from the date of posting to complete the lesson. The student's	53922
classroom teacher shall grade the lesson in the same manner as	53923
other lessons. The student may receive an incomplete or failing	53924
grade if the lesson is not completed on time.	53925

(e) If a student does not have access to a computer at the	53926
student's residence and the plan does not include blizzard bags	53927
under division (B) of this section, the student shall be permitted	53928
to work on the posted lessons at school after the student's school	53929
reopens. If the lessons were posted prior to the reopening, the	53930
student shall be granted a two-week period from the date of the	53931
reopening, rather than from the date of posting as otherwise	53932
required under division (A)(3)(d) of this section, to complete the	53933
lessons. The district board or community school or nonpublic	53934
school governing authority may provide the student access to a	53935
computer before, during, or after the regularly scheduled school	53936
day or may provide a substantially similar paper lesson in order	53937
to complete the lessons.	53938

(B)(1) In addition to posting classroom lessons online under	53939
division (A) of this section, the board of education of any school	53940
district or governing authority of any community or chartered	53941
nonpublic school may include in the plan distribution of "blizzard	53942
bags," which are paper copies of the lessons posted online.	53943

(2) If a school opts to use blizzard bags, teachers shall	53944
prepare paper copies in conjunction with the lessons to be posted	53945
online and update the paper copies whenever the teacher updates	53946
the online lesson plans.	53947

(3) The board of education of any school district or	53948
governing authority of any community or chartered nonpublic school	53949
that opts to use blizzard bags shall specify in the plan the	53950
method of distribution of blizzard bag lessons, which may include,	53951
but not be limited to, requiring distribution by a specific	53952
deadline or requiring distribution prior to anticipated school	53953
closure as directed by the superintendent of a school district or	53954
the principal, director, chief administrative officer, or the	53955
equivalent, of a school.	53956

(4) Students shall turn in completed lessons in accordance	53957
with division (A)(3)(d) of this section.	53958

(C)(1) No school district that implements a plan in	53959
accordance with this section shall be considered to have failed to	53960
comply with division (B) of section 3317.01 of the Revised Code	53961
with respect to the number of make-up days specified in the plan.	53962

(2) No community school that implements a plan in accordance	53963
with this section shall be considered to have failed to comply	53964
with the minimum number of hours required under Chapter 3314. of	53965
the Revised Code with respect to the number of make-up hours	53966
specified in the plan.	53967

Sec. 3313.911. The state board of education may adopt a	53968
resolution assigning a city, exempted village, or local school	53969
district that is not a part of a joint vocational school district	53970
to membership in a joint vocational school district. A copy of the	53971
resolution shall be certified to the board of education of the	53972
joint vocational school district and the board of education of the	53973
district proposed to be assigned. The board of education of the	53974
joint vocational school district shall advertise a copy of the	53975
resolution in a newspaper of general circulation in the district	53976
proposed to be assigned once each week for two weeks, or as	53977
provided in section 7.16 of the Revised Code, immediately	53978
following the certification of the resolution to the board. The	53979
assignment shall take effect on the ninety-first day after the	53980
state board adopts the resolution, unless prior to that date	53981
qualified electors residing in the school district proposed for	53982
assignment, equal in number to ten per cent of the qualified	53983
electors of that district voting at the last general election,	53984
file a petition against the assignment.	53985

The petition of referendum shall be filed with the treasurer	53986
of the board of education of the district proposed to be assigned	53987
to the joint vocational school district. The treasurer shall give	53988
the person presenting the petition a receipt showing the time of	53989
day, date, and purpose of the petition. The treasurer shall cause	53990
the board of elections to determine the sufficiency of signatures	53991
on the petition and if the signatures are found to be sufficient,	53992
shall present the petition to the board of education of the	53993
district. The board of education shall promptly certify the	53994
question to the board of elections for the purpose of having the	53995
question placed on the ballot at the next general, primary, or	53996
special election not earlier than sixty days after the date of the	53997
certification.	53998

Only those qualified electors residing in the district	53999
proposed for assignment to the joint vocational school district	54000
are qualified to vote on the question. If a majority of the	54001
electors voting on the question vote against the assignment, it	54002
shall not take place, and the state board of education shall	54003
require the district to contract with the joint vocational school	54004
district or another school district as authorized by section	54005
3313.91 of the Revised Code.	54006

If a majority of the electors voting on the question do not	54007
vote against the assignment, the assignment shall take immediate	54008
effect, and the board of education of the joint vocational school	54009
district shall notify the county auditor of the county in which	54010
the school district becoming a part of the joint vocational school	54011
district is located to have any outstanding levy of the joint	54012
vocational school district spread over the territory of the school	54013
district that has become a part of the joint vocational school	54014
district.	54015

The assignment of a school district to a joint vocational	54016
school district pursuant to this section is subject to any	54017
agreements made between the board of education of the assigned	54018
school district and the board of education of the joint vocational	54019
school district. Such an agreement may include provisions for a	54020
payment by the assigned school district to the joint vocational	54021
school district of an amount to be contributed toward the cost of	54022
the existing facilities of the joint vocational school district.	54023

~~On the assignment of a school district to a joint vocational~~	54024
~~school district pursuant to this section, the joint vocational~~	54025
~~school district's board of education shall submit a proposal to~~	54026
~~the state board of education to enlarge or reorganize the~~	54027
~~membership of the joint vocational school district's board of~~	54028
~~education if expansion or reorganization of the board is necessary~~	54029
~~in order to comply with section 3311.19 of the Revised Code.~~	54030

Sec. 3313.976. (A) No private school may receive scholarship	54031
payments from parents pursuant to section 3313.979 of the Revised	54032
Code until the chief administrator of the private school registers	54033
the school with the superintendent of public instruction. The	54034
state superintendent shall register any school that meets the	54035
following requirements:	54036

(1) The school is located within the boundaries of the pilot	54037
project school district;	54038

(2) The school indicates in writing its commitment to follow	54039
all requirements for a state-sponsored scholarship program	54040
specified under sections 3313.974 to 3313.979 of the Revised Code,	54041
including, but not limited to, the requirements for admitting	54042
students pursuant to section 3313.977 of the Revised Code;	54043

(3) The school meets all state minimum standards for	54044
chartered nonpublic schools in effect on July 1, 1992, except that	54045
the state superintendent at the superintendent's discretion may	54046
register nonchartered nonpublic schools meeting the other	54047
requirements of this division;	54048

(4) The school does not discriminate on the basis of race,	54049
religion, or ethnic background;	54050

(5) The school enrolls a minimum of ten students per class or	54051
a sum of at least twenty-five students in all the classes offered;	54052

(6) The school does not advocate or foster unlawful behavior	54053
or teach hatred of any person or group on the basis of race,	54054
ethnicity, national origin, or religion;	54055

(7) The school does not provide false or misleading	54056
information about the school to parents, students, or the general	54057
public;	54058

(8) For students in grades kindergarten through eight with	54059
family incomes at or below two hundred per cent of the federal	54060
poverty guidelines, as defined in section 5104.46 of the Revised	54061
Code, the school agrees not to charge any tuition in excess of the	54062
scholarship amount established pursuant to division (C)(1) of	54063
section 3313.978 of the Revised Code, excluding any increase	54064
described in division (C)(2) of that section.	54065

(9) For students in grades kindergarten through eight with	54066
family incomes above two hundred per cent of the federal poverty	54067
guidelines, whose scholarship amounts are less than the actual	54068
tuition charge of the school, the school agrees not to charge any	54069
tuition in excess of the difference between the actual tuition	54070
charge of the school and the scholarship amount established	54071
pursuant to division (C)(1) of section 3313.978 of the Revised	54072
Code, excluding any increase described in division (C)(2) of that	54073
section. The school shall permit such tuition, at the discretion	54074
of the parent, to be satisfied by the family's provision of	54075
in-kind contributions or services.	54076

(10) The school agrees not to charge any tuition to families	54077
of students in grades nine through twelve receiving a scholarship	54078
in excess of the actual tuition charge of the school less the	54079
scholarship amount established pursuant to division (C)(1) of	54080
section 3313.978 of the Revised Code, excluding any increase	54081
described in division (C)(2) of that section.	54082

(11) ~~Notwithstanding~~If the school is not subject to division	54083
(K)(1)(a) of section 3301.0711 of the Revised Code, ~~the school~~it	54084
annually administers the assessments prescribed by section	54085
3301.0710 of the Revised Code to each scholarship student enrolled	54086
in the school in accordance with section 3301.0711 of the Revised	54087
Code and reports to the department of education the results of	54088
each such assessment administered to each scholarship student.	54089

(B) The state superintendent shall revoke the registration of	54090
any school if, after a hearing, the superintendent determines that	54091
the school is in violation of any of the provisions of division	54092
(A) of this section.	54093

(C) Any public school located in a school district adjacent	54094
to the pilot project district may receive scholarship payments on	54095
behalf of parents pursuant to section 3313.979 of the Revised Code	54096
if the superintendent of the district in which such public school	54097
is located notifies the state superintendent prior to the first	54098
day of March that the district intends to admit students from the	54099
pilot project district for the ensuing school year pursuant to	54100
section 3327.06 of the Revised Code.	54101

(D) Any parent wishing to purchase tutorial assistance from	54102
any person or governmental entity pursuant to the pilot project	54103
program under sections 3313.974 to 3313.979 of the Revised Code	54104
shall apply to the state superintendent. The state superintendent	54105
shall approve providers who appear to possess the capability of	54106
furnishing the instructional services they are offering to	54107
provide.	54108

Sec. 3313.978. (A) Annually by the first day of November,	54109
the superintendent of public instruction shall notify the pilot	54110
project school district of the number of initial scholarships that	54111
the state superintendent will be awarding in each of grades	54112
kindergarten through twelve.	54113

The state superintendent shall provide information about the	54114
scholarship program to all students residing in the district,	54115
shall accept applications from any such students until such date	54116
as shall be established by the state superintendent as a deadline	54117
for applications, and shall establish criteria for the selection	54118
of students to receive scholarships from among all those applying	54119
prior to the deadline, which criteria shall give preference to	54120
students from low-income families. The state superintendent shall	54121
notify students of their selection prior to the fifteenth day of	54122
January.	54123

(1) A student receiving a pilot project scholarship may	54124
utilize it at an alternative public school by notifying the	54125
district superintendent, at any time before the beginning of the	54126
school year, of the name of the public school in an adjacent	54127
school district to which the student has been accepted pursuant to	54128
section 3327.06 of the Revised Code.	54129

(2) A student may decide to utilize a pilot project	54130
scholarship at a registered private school in the district if all	54131
of the following conditions are met:	54132

(a) By the fifteenth day of February of the preceding school	54133
year, or at any time prior to the start of the school year, the	54134
parent makes an application on behalf of the student to a	54135
registered private school.	54136

(b) The registered private school notifies the parent and the	54137
state superintendent as follows that the student has been	54138
admitted:	54139

(i) By the fifteenth day of March of the preceding school	54140
year if the student filed an application by the fifteenth day of	54141
February and was admitted by the school pursuant to division (A)	54142
of section 3313.977 of the Revised Code;	54143

(ii) Within one week of the decision to admit the student if	54144
the student is admitted pursuant to division (C) of section	54145
3313.977 of the Revised Code.	54146

(c) The student actually enrolls in the registered private	54147
school to which the student was first admitted or in another	54148
registered private school in the district or in a public school in	54149
an adjacent school district.	54150

(B) The state superintendent shall also award in any school	54151
year tutorial assistance grants to a number of students equal to	54152
the number of students who receive scholarships under division (A)	54153
of this section. Tutorial assistance grants shall be awarded	54154
solely to students who are enrolled in the public schools of the	54155
district in a grade level covered by the pilot project. Tutorial	54156
assistance grants may be used solely to obtain tutorial assistance	54157
from a provider approved pursuant to division (D) of section	54158
3313.976 of the Revised Code.	54159

All students wishing to obtain tutorial assistance grants	54160
shall make application to the state superintendent by the first	54161
day of the school year in which the assistance will be used. The	54162
state superintendent shall award assistance grants in accordance	54163
with criteria the superintendent shall establish.	54164

(C)(1) In the case of basic scholarships for students in	54165
grades kindergarten through eight, the scholarship amount shall	54166
not exceed the lesser of the net tuition charges of the	54167
alternative school the scholarship recipient attends or ~~three~~	54168
~~thousand dollars before fiscal year 2007, three thousand four~~	54169
~~hundred fifty dollars in fiscal year 2007 through fiscal year~~	54170
~~2011, and~~ four thousand two hundred fifty dollars in fiscal year	54171
2012 and thereafter.	54172

In the case of basic scholarships for students in grades nine	54173
through twelve, the scholarship amount shall not exceed the lesser	54174
of the net tuition charges of the alternative school the	54175
scholarship recipient attends or ~~two thousand seven hundred~~	54176
~~dollars before fiscal year 2007, three thousand four hundred fifty~~	54177
~~dollars in fiscal year 2007 through fiscal year 2011, and~~ five	54178
thousand dollars in fiscal year 2012 and ~~thereafter~~fiscal year	54179
2013, and five thousand seven hundred dollars in fiscal year 2014	54180
and thereafter.	54181

The net tuition and fees charged to a student shall be the	54182
tuition amount specified by the alternative school minus all other	54183
financial aid, discounts, and adjustments received for the	54184
student. In cases where discounts are offered for multiple	54185
students from the same family, and not all students in the same	54186
family are scholarship recipients, the net tuition amount	54187
attributable to the scholarship recipient shall be the lowest net	54188
tuition to which the family is entitled.	54189

(2) The state superintendent shall provide for an increase in	54190
the basic scholarship amount in the case of any student who is a	54191
mainstreamed student with a disability and shall further increase	54192
such amount in the case of any separately educated student with a	54193
disability. Such increases shall take into account the	54194
instruction, related services, and transportation costs of	54195
educating such students.	54196

(3) In the case of tutorial assistance grants, the grant	54197
amount shall not exceed the lesser of the provider's actual	54198
charges for such assistance or:	54199

(a) Before fiscal year 2007, a percentage established by the	54200
state superintendent, not to exceed twenty per cent, of the amount	54201
of the pilot project school district's average basic scholarship	54202
amount;	54203

(b) In fiscal year 2007 and thereafter, four hundred dollars.

54204

(D)(1) Annually by the first day of November, the state	54205
superintendent shall estimate the maximum per-pupil scholarship	54206
amounts for the ensuing school year. The state superintendent	54207
shall make this estimate available to the general public at the	54208
offices of the district board of education together with the forms	54209
required by division (D)(2) of this section.	54210

(2) Annually by the fifteenth day of January, the chief	54211
administrator of each registered private school located in the	54212
pilot project district and the principal of each public school in	54213
such district shall complete a parental information form and	54214
forward it to the president of the board of education. The	54215
parental information form shall be prescribed by the department of	54216
education and shall provide information about the grade levels	54217
offered, the numbers of students, tuition amounts, achievement	54218
test results, and any sectarian or other organizational	54219
affiliations.	54220

(E)(1) Only for the purpose of administering the pilot	54221
project scholarship program, the department may request from any	54222
of the following entities the data verification code assigned	54223
under division (D)(2) of section 3301.0714 of the Revised Code to	54224
any student who is seeking a scholarship under the program:	54225

(a) The school district in which the student is entitled to	54226
attend school under section 3313.64 or 3313.65 of the Revised	54227
Code;	54228

(b) If applicable, the community school in which the student	54229
is enrolled;	54230

(c) The independent contractor engaged to create and maintain	54231
data verification codes.	54232

(2) Upon a request by the department under division (E)(1) of	54233
this section for the data verification code of a student seeking a	54234
scholarship or a request by the student's parent for that code,	54235
the school district or community school shall submit that code to	54236
the department or parent in the manner specified by the	54237
department. If the student has not been assigned a code, because	54238
the student will be entering kindergarten during the school year	54239
for which the scholarship is sought, the district shall assign a	54240
code to that student and submit the code to the department or	54241
parent by a date specified by the department. If the district does	54242
not assign a code to the student by the specified date, the	54243
department shall assign a code to the student.	54244

The department annually shall submit to each school district	54245
the name and data verification code of each student residing in	54246
the district who is entering kindergarten, who has been awarded a	54247
scholarship under the program, and for whom the department has	54248
assigned a code under this division.	54249

(3) The department shall not release any data verification	54250
code that it receives under division (E) of this section to any	54251
person except as provided by law.	54252

(F) Any document relative to the pilot project scholarship	54253
program that the department holds in its files that contains both	54254
a student's name or other personally identifiable information and	54255
the student's data verification code shall not be a public record	54256
under section 149.43 of the Revised Code.	54257

(G)(1) The department annually shall compile the scores	54258
attained by scholarship students enrolled in registered private	54259
schools on the assessments administered to the students pursuant	54260
to division (A)(11) of section 3313.976 of the Revised Code. The	54261
scores shall be aggregated as follows:	54262

(a) By school district, which shall include all scholarship	54263
students residing in the pilot project school district who are	54264
enrolled in a registered private school and were required to take	54265
an assessment pursuant to division (A)(11) of section 3313.976 of	54266
the Revised Code;	54267

(b) By registered private school, which shall include all	54268
scholarship students enrolled in that school who were required to	54269
take an assessment pursuant to division (A)(11) of section	54270
3313.976 of the Revised Code.	54271

(2) The department shall disaggregate the student performance	54272
data described in division (G)(1) of this section according to the	54273
following categories:	54274

(a) Grade level;

54275

(b) Race and ethnicity;

54276

54277

(d) Students who have participated in the scholarship program	54278
for three or more years;	54279

(e) Students who have participated in the scholarship program	54280
for more than one year and less than three years;	54281

(f) Students who have participated in the scholarship program	54282
for one year or less;	54283

(g) Economically disadvantaged students.

54284

(3) The department shall post the student performance data	54285
required under divisions (G)(1) and (2) of this section on its web	54286
site and shall include that data in the information about the	54287
scholarship program provided to students under division (A) of	54288
this section. In reporting student performance data under this	54289
division, the department shall not include any data that is	54290
statistically unreliable or that could result in the	54291
identification of individual students. For this purpose, the	54292
department shall not report performance data for any group that	54293
contains less than ten students.	54294

(4) The department shall provide the parent of each	54295
scholarship student enrolled in a registered private school with	54296
information comparing the student's performance on the assessments	54297
administered pursuant to division (A)(11) of section 3313.976 of	54298
the Revised Code with the average performance of similar students	54299
enrolled in the building operated by the pilot project school	54300
district that the scholarship student would otherwise attend. In	54301
calculating the performance of similar students, the department	54302
shall consider age, grade, race and ethnicity, gender, and	54303
socioeconomic status.	54304

Sec. 3313.98. Notwithstanding division (D) of section	54305
3311.19 and division (D) of section 3311.52 of the Revised Code,	54306
the provisions of this section and sections 3313.981 to 3313.983	54307
of the Revised Code that apply to a city school district do not	54308
apply to a joint vocational or cooperative education school	54309
district unless expressly specified.	54310

(A) As used in this section and sections 3313.981 to 3313.983	54311
of the Revised Code:	54312

(1) "Parent" means either of the natural or adoptive parents	54313
of a student, except under the following conditions:	54314

(a) When the marriage of the natural or adoptive parents of	54315
the student has been terminated by a divorce, dissolution of	54316
marriage, or annulment or the natural or adoptive parents of the	54317
student are living separate and apart under a legal separation	54318
decree and the court has issued an order allocating the parental	54319
rights and responsibilities with respect to the student, "parent"	54320
means the residential parent as designated by the court except	54321
that "parent" means either parent when the court issues a shared	54322
parenting decree.	54323

(b) When a court has granted temporary or permanent custody	54324
of the student to an individual or agency other than either of the	54325
natural or adoptive parents of the student, "parent" means the	54326
legal custodian of the child.	54327

(c) When a court has appointed a guardian for the student,	54328
"parent" means the guardian of the student.	54329

(2) "Native student" means a student entitled under section	54330
3313.64 or 3313.65 of the Revised Code to attend school in a	54331
district adopting a resolution under this section.	54332

(3) "Adjacent district" means a city, exempted village, or	54333
local school district having territory that abuts the territory of	54334
a district adopting a resolution under this section.	54335

(4) "Adjacent district student" means a student entitled	54336
under section 3313.64 or 3313.65 of the Revised Code to attend	54337
school in an adjacent district.	54338

(5) "Adjacent district joint vocational student" means an	54339
adjacent district student who enrolls in a city, exempted village,	54340
or local school district pursuant to this section and who also	54341
enrolls in a joint vocational school district that does not	54342
contain the territory of the district for which that student is a	54343
native student and does contain the territory of the city,	54344
exempted village, or local district in which the student enrolls.	54345

(6) "Formula amount" has the same meaning as in section	54346
3317.02 of the Revised Code.	54347

(7) ~~"Adjusted formula amount" means the sum of the formula~~	54348
~~amount plus the per pupil amount of the base funding supplements~~	54349
~~specified in divisions (C)(1) to (4) of section 3317.012 of the~~	54350
~~Revised Code for fiscal year 2009.~~	54351

~~(8)~~ "Poverty line" means the poverty line established by the	54352
director of the United States office of management and budget as	54353
revised by the ~~director~~secretary of ~~the office of community~~	54354
health and human services in accordance with section 673(2) of the	54355
"Community Services Block Grant Act," 95 Stat. 1609, 42 U.S.C.A.	54356
9902, as amended.	54357

~~(9)~~(8) "IEP" has the same meaning as in section 3323.01 of	54358
the Revised Code.	54359

~~(10)~~(9) "Other district" means a city, exempted village, or	54360
local school district having territory outside of the territory of	54361
a district adopting a resolution under this section.	54362

~~(11)~~(10) "Other district student" means a student entitled	54363
under section 3313.64 or 3313.65 of the Revised Code to attend	54364
school in an other district.	54365

~~(12)~~(11) "Other district joint vocational student" means a	54366
student who is enrolled in any city, exempted village, or local	54367
school district and who also enrolls in a joint vocational school	54368
district that does not contain the territory of the district for	54369
which that student is a native student in accordance with a policy	54370
adopted under section 3313.983 of the Revised Code.	54371

(B)(1) The board of education of each city, local, and	54372
exempted village school district shall adopt a resolution	54373
establishing for the school district one of the following	54374
policies:	54375

(a) A policy that entirely prohibits the enrollment of	54376
students from adjacent districts or other districts, other than	54377
students for whom tuition is paid in accordance with section	54378
3317.08 of the Revised Code;	54379

(b) A policy that permits enrollment of students from all	54380
adjacent districts in accordance with policy statements contained	54381
in the resolution;	54382

(c) A policy that permits enrollment of students from all	54383
other districts in accordance with policy statements contained in	54384
the resolution.	54385

(2) A policy permitting enrollment of students from adjacent	54386
or from other districts, as applicable, shall provide for all of	54387
the following:	54388

(a) Application procedures, including deadlines for	54389
application and for notification of students and the	54390
superintendent of the applicable district whenever an adjacent or	54391
other district student's application is approved.	54392

(b) Procedures for admitting adjacent or other district	54393
applicants free of any tuition obligation to the district's	54394
schools, including, but not limited to:	54395

(i) The establishment of district capacity limits by grade	54396
level, school building, and education program;	54397

(ii) A requirement that all native students wishing to be	54398
enrolled in the district will be enrolled and that any adjacent or	54399
other district students previously enrolled in the district shall	54400
receive preference over first-time applicants;	54401

(iii) Procedures to ensure that an appropriate racial balance	54402
is maintained in the district schools.	54403

(C) Except as provided in section 3313.982 of the Revised	54404
Code, the procedures for admitting adjacent or other district	54405
students, as applicable, shall not include:	54406

(1) Any requirement of academic ability, or any level of	54407
athletic, artistic, or other extracurricular skills;	54408

(2) Limitations on admitting applicants because of	54409
disability, except that a board may refuse to admit a student	54410
receiving services under Chapter 3323. of the Revised Code, if the	54411
services described in the student's IEP are not available in the	54412
district's schools;	54413

(3) A requirement that the student be proficient in the	54414
English language;	54415

(4) Rejection of any applicant because the student has been	54416
subject to disciplinary proceedings, except that if an applicant	54417
has been suspended or expelled by the student's district for ten	54418
consecutive days or more in the term for which admission is sought	54419
or in the term immediately preceding the term for which admission	54420
is sought, the procedures may include a provision denying	54421
admission of such applicant.	54422

(D)(1) Each school board permitting only enrollment of	54423
adjacent district students shall provide information about the	54424
policy adopted under this section, including the application	54425
procedures and deadlines, to the superintendent and the board of	54426
education of each adjacent district and, upon request, to the	54427
parent of any adjacent district student.	54428

(2) Each school board permitting enrollment of other district	54429
students shall provide information about the policy adopted under	54430
this section, including the application procedures and deadlines,	54431
upon request, to the board of education of any other school	54432
district or to the parent of any student anywhere in the state.	54433

(E) Any school board shall accept all credits toward	54434
graduation earned in adjacent or other district schools by an	54435
adjacent or other district student or a native student.	54436

(F)(1) No board of education may adopt a policy discouraging	54437
or prohibiting its native students from applying to enroll in the	54438
schools of an adjacent or any other district that has adopted a	54439
policy permitting such enrollment, except that:	54440

(a) A district may object to the enrollment of a native	54441
student in an adjacent or other district in order to maintain an	54442
appropriate racial balance.	54443

(b) The board of education of a district receiving funds	54444
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	54445
may adopt a resolution objecting to the enrollment of its native	54446
students in adjacent or other districts if at least ten per cent	54447
of its students are included in the determination of the United	54448
States secretary of education made under section 20 U.S.C.A.	54449
238(a).	54450

(2) If a board objects to enrollment of native students under	54451
this division, any adjacent or other district shall refuse to	54452
enroll such native students unless tuition is paid for the	54453
students in accordance with section 3317.08 of the Revised Code.	54454
An adjacent or other district enrolling such students may not	54455
receive funding for those students in accordance with section	54456
3313.981 of the Revised Code.	54457

(G) The state board of education shall monitor school	54458
districts to ensure compliance with this section and the	54459
districts' policies. The board may adopt rules requiring uniform	54460
application procedures, deadlines for application, notification	54461
procedures, and record-keeping requirements for all school boards	54462
that adopt policies permitting the enrollment of adjacent or other	54463
district students, as applicable. If the state board adopts such	54464
rules, no school board shall adopt a policy that conflicts with	54465
those rules.	54466

(H) A resolution adopted by a board of education under this	54467
section that entirely prohibits the enrollment of students from	54468
adjacent and from other school districts does not abrogate any	54469
agreement entered into under section 3313.841 or 3313.92 of the	54470
Revised Code or any contract entered into under section 3313.90 of	54471
the Revised Code between the board of education adopting the	54472
resolution and the board of education of any adjacent or other	54473
district or prohibit these boards of education from entering into	54474
any such agreement or contract.	54475

(I) Nothing in this section shall be construed to permit or	54476
require the board of education of a city, exempted village, or	54477
local school district to exclude any native student of the	54478
district from enrolling in the district.	54479

Sec. 3313.981. (A) The state board of education shall adopt	54480
rules requiring all of the following:	54481

(1) The board of education of each city, exempted village,	54482
and local school district to annually report to the department of	54483
education all of the following:	54484

(a) The number of adjacent district or other district	54485
students, as applicable, and adjacent district or other district	54486
joint vocational students, as applicable, enrolled in the district	54487
and the number of native students enrolled in adjacent or other	54488
districts, in accordance with a policy adopted under division (B)	54489
of section 3313.98 of the Revised Code;	54490

(b) Each adjacent district or other district student's or	54491
adjacent district or other district joint vocational student's	54492
date of enrollment in the district;	54493

(c) The full-time equivalent number of adjacent district or	54494
other district students enrolled in ~~vocational~~each of the	54495
categories of career-technical education programs or classes	54496
described in ~~division (A) of~~ section 3317.014 of the Revised Code	54497
~~and the full-time equivalent number of such students enrolled in~~	54498
~~vocational education programs or classes described in division (B)~~	54499
~~of that section~~;	54500

(d) Each native student's date of enrollment in an adjacent	54501
or other district.	54502

(2) The board of education of each joint vocational school	54503
district to annually report to the department all of the	54504
following:	54505

(a) The number of adjacent district or other district joint	54506
vocational students, as applicable, enrolled in the district;	54507

(b) The full-time equivalent number of adjacent district or	54508
other district joint vocational students enrolled in ~~vocational~~	54509
each category of career-technical education programs or classes	54510
described in ~~division (A) of~~ section 3317.014 of the Revised Code	54511
~~and the full-time equivalent number of such students enrolled in~~	54512
~~vocational education programs or classes described in division (B)~~	54513
~~of that section~~;	54514

(c) For each adjacent district or other district joint	54515
vocational student, the city, exempted village, or local school	54516
district in which the student is also enrolled.	54517

(3) Prior to the first full school week in October each year,	54518
the superintendent of each city, local, or exempted village school	54519
district that admits adjacent district or other district students	54520
or adjacent district or other district joint vocational students	54521
in accordance with a policy adopted under division (B) of section	54522
3313.98 of the Revised Code to notify each adjacent or other	54523
district where those students are entitled to attend school under	54524
section 3313.64 or 3313.65 of the Revised Code of the number of	54525
the adjacent or other district's native students who are enrolled	54526
in the superintendent's district under the policy.	54527

The rules shall provide for the method of counting students	54528
who are enrolled for part of a school year in an adjacent or other	54529
district or as an adjacent district or other district joint	54530
vocational student.	54531

(B) From the payments made to a city, exempted village, or	54532
local school district under Chapter 3317. of the Revised Code and,	54533
if necessary, from the payments made to the district under	54534
sections 321.24 and 323.156 of the Revised Code, the department of	54535
education shall annually subtract both of the following:	54536

(1) An amount equal to the number of the district's native	54537
students reported under division (A)(1) of this section who are	54538
enrolled in adjacent or other school districts pursuant to	54539
policies adopted by such districts under division (B) of section	54540
3313.98 of the Revised Code multiplied by the ~~adjusted~~ formula	54541
amount;	54542

(2) The excess costs computed in accordance with division (E)	54543
of this section for any such native students receiving special	54544
education and related services in adjacent or other school	54545
districts or as an adjacent district or other district joint	54546
vocational student;	54547

(3) For the ~~full-time equivalent number~~each of the	54548
district's native students reported under division (A)(1)(c) or	54549
(2)(b) of this section as enrolled in ~~vocational~~career-technical	54550
education programs or classes described in section 3317.014 of the	54551
Revised Code, anthe per pupil amount ~~equal to $5,732 times the~~	54552
~~applicable multiple~~ prescribed by that section for the student's	54553
respective career-technical category, on a full-time equivalency	54554
basis.	54555

(C) To the payments made to a city, exempted village, or	54556
local school district under Chapter 3317. of the Revised Code, the	54557
department of education shall annually add all of the following:	54558

(1) An amount equal to the ~~adjusted~~ formula amount multiplied	54559
by the remainder obtained by subtracting the number of adjacent	54560
district or other district joint vocational students from the	54561
number of adjacent district or other district students enrolled in	54562
the district, as reported under division (A)(1) of this section;	54563

(2) The excess costs computed in accordance with division (E)	54564
of this section for any adjacent district or other district	54565
students, except for any adjacent or other district joint	54566
vocational students, receiving special education and related	54567
services in the district;	54568

(3) For the ~~full-time equivalent number~~each of the adjacent	54569
or other district students who are not adjacent district or other	54570
district joint vocational students and are reported under division	54571
(A)(1)(c) of this section as enrolled in ~~vocational~~	54572
career-technical education programs or classes described in	54573
section 3317.014 of the Revised Code, anthe per pupil amount	54574
~~equal to $5,732 times the applicable multiple~~ prescribed by that	54575
section for the student's respective career-technical category, on	54576
a full-time equivalency basis;	54577

(4) An amount equal to the number of adjacent district or	54578
other district joint vocational students reported under division	54579
(A)(1) of this section multiplied by an amount equal to twenty per	54580
cent of the ~~adjusted~~ formula amount.	54581

(D) To the payments made to a joint vocational school	54582
district under Chapter 3317. of the Revised Code, the department	54583
of education shall add, for each adjacent district or other	54584
district joint vocational student reported under division (A)(2)	54585
of this section, both of the following:	54586

(1) The ~~adjusted~~ formula amount;

54587

(2) AnThe per pupil amount ~~equal to the full-time equivalent~~	54588
~~number~~for each of the students reported pursuant to division	54589
(A)(2)(b) of this section ~~times $5,732 times the applicable~~	54590
~~multiple~~ prescribed by section 3317.014 of the Revised Code for	54591
the student's respective career-technical category, on a full-time	54592
equivalency basis.	54593

(E)(1) A city, exempted village, or local school board	54594
providing special education and related services to an adjacent or	54595
other district student in accordance with an IEP shall, pursuant	54596
to rules of the state board, compute the excess costs to educate	54597
such student as follows:	54598

(a) Subtract the ~~adjusted~~ formula amount from the actual	54599
costs to educate the student;	54600

(b) From the amount computed under division (E)(1)(a) of this	54601
section subtract the amount of any funds received by the district	54602
under Chapter 3317. of the Revised Code to provide special	54603
education and related services to the student.	54604

(2) The board shall report the excess costs computed under	54605
this division to the department of education.	54606

(3) If any student for whom excess costs are computed under	54607
division (E)(1) of this section is an adjacent or other district	54608
joint vocational student, the department of education shall add	54609
the amount of such excess costs to the payments made under Chapter	54610
3317. of the Revised Code to the joint vocational school district	54611
enrolling the student.	54612

(F) As provided in division (D)(1)(b) of section 3317.03 of	54613
the Revised Code, no joint vocational school district shall count	54614
any adjacent or other district joint vocational student enrolled	54615
in the district in its formula ADM certified under section 3317.03	54616
of the Revised Code.	54617

(G) No city, exempted village, or local school district shall	54618
receive a payment under division (C) of this section for a	54619
student, and no joint vocational school district shall receive a	54620
payment under division (D) of this section for a student, if for	54621
the same school year that student is counted in the district's	54622
formula ADM certified under section 3317.03 of the Revised Code.	54623

(H) Upon request of a parent, and provided the board offers	54624
transportation to native students of the same grade level and	54625
distance from school under section 3327.01 of the Revised Code, a	54626
city, exempted village, or local school board enrolling an	54627
adjacent or other district student shall provide transportation	54628
for the student within the boundaries of the board's district,	54629
except that the board shall be required to pick up and drop off a	54630
nonhandicapped student only at a regular school bus stop	54631
designated in accordance with the board's transportation policy.	54632
Pursuant to rules of the state board of education, such board may	54633
reimburse the parent from funds received for pupil transportation	54634
under section 3317.0212 of the Revised Code, or other provisions	54635
of law, for the reasonable cost of transportation from the	54636
student's home to the designated school bus stop if the student's	54637
family has an income below the federal poverty line.	54638

Sec. 3314.015. (A) The department of education shall be	54639
responsible for the oversight of any and all sponsors of the	54640
community schools established under this chapter and shall provide	54641
technical assistance to schools and sponsors in their compliance	54642
with applicable laws and the terms of the contracts entered into	54643
under section 3314.03 of the Revised Code and in the development	54644
and start-up activities of those schools. In carrying out its	54645
duties under this section, the department shall do all of the	54646
following:	54647

(1) In providing technical assistance to proposing parties,	54648
governing authorities, and sponsors, conduct training sessions and	54649
distribute informational materials;	54650

(2) Approve entities to be sponsors of community schools;

54651

(3) Monitor and evaluate, as required under section 3314.016	54652
of the Revised Code, the effectiveness of any and all sponsors in	54653
their oversight of the schools with which they have contracted;	54654

(4) By December thirty-first of each year, issue a report to	54655
the governor, the speaker of the house of representatives, the	54656
president of the senate, and the chairpersons of the house and	54657
senate committees principally responsible for education matters	54658
regarding the effectiveness of academic programs, operations, and	54659
legal compliance and of the financial condition of all community	54660
schools established under this chapter and on the performance of	54661
community school sponsors;	54662

(5) From time to time, make legislative recommendations to	54663
the general assembly designed to enhance the operation and	54664
performance of community schools.	54665

(B)(1) Except as provided in sections 3314.021 and 3314.027	54666
of the Revised Code, no entity listed in division (C)(1) of	54667
section 3314.02 of the Revised Code shall enter into a preliminary	54668
agreement under division (C)(2) of section 3314.02 of the Revised	54669
Code until it has received approval from the department of	54670
education to sponsor community schools under this chapter and has	54671
entered into a written agreement with the department regarding the	54672
manner in which the entity will conduct such sponsorship. ~~The~~	54673

The initial term of a sponsor's agreement with the department	54674
shall be for up to seven years. For every year that the sponsor	54675
satisfies the conditions of division (B)(1)(a) or (b) of this	54676
section, as applicable, the department shall add one year to the	54677
agreement term, subject to divisions (C) and (F) of this section,	54678
unless the sponsor notifies the department that it does not wish	54679
to have the term of the agreement so extended.	54680

To qualify for the extension of the term of the sponsor's	54681
agreement, the sponsor shall satisfy one of the following, as	54682
applicable:	54683

(a) Prior to January 1, 2015, the sponsor is not in the	54684
lowest twenty per cent of sponsors statewide according to the	54685
composite performance index score as ranked under section 3314.016	54686
of the Revised Code, as that section exists prior to that date,	54687
and the sponsor continues to meet all the requirements of this	54688
chapter pertaining to community school sponsors.	54689

(b) On or after January 1, 2015, the sponsor is rated as	54690
"exemplary" or "effective" under section 3314.016 of the Revised	54691
Code, as that section exists on and after that date, and the	54692
sponsor continues to meet all the requirements of this chapter	54693
pertaining to community school sponsors.	54694

The department shall adopt in accordance with Chapter 119. of	54695
the Revised Code rules containing criteria, procedures, and	54696
deadlines for processing applications for ~~such~~ approval of	54697
sponsors, for oversight of sponsors, for notifying a sponsor of	54698
noncompliance with applicable laws and administrative rules under	54699
division (F) of this section, for revocation of the approval of	54700
sponsors under division (C) of this section, and for entering	54701
into written agreements with sponsors. The rules shall require an	54702
entity to submit evidence of the entity's ability and willingness	54703
to comply with the provisions of division (D) of section 3314.03	54704
of the Revised Code. The rules also shall require entities	54705
approved as sponsors on and after June 30, 2005, to demonstrate a	54706
record of financial responsibility and successful implementation	54707
of educational programs. If an entity seeking approval on or after	54708
June 30, 2005, to sponsor community schools in this state sponsors	54709
or operates schools in another state, at least one of the schools	54710
sponsored or operated by the entity must be comparable to or	54711
better than the performance of Ohio schools in need of continuous	54712
improvement under section 3302.03 of the Revised Code, as	54713
determined by the department.	54714

Subject to section 3314.016 of the Revised Code, an entity	54715
that sponsors community schools may enter into preliminary	54716
agreements and sponsor up to one hundred schools, provided each	54717
school and the contract for sponsorship meets the requirements of	54718
this chapter.	54719

(2) The state board of education shall determine, pursuant to	54720
criteria specified in rules adopted in accordance with Chapter	54721
119. of the Revised Code, whether the mission proposed to be	54722
specified in the contract of a community school to be sponsored by	54723
a state university board of trustees or the board's designee under	54724
division (C)(1)(e) of section 3314.02 of the Revised Code complies	54725
with the requirements of that division. Such determination of the	54726
state board is final.	54727

(3) The state board of education shall determine, pursuant to	54728
criteria specified in rules adopted in accordance with Chapter	54729
119. of the Revised Code, if any tax-exempt entity under section	54730
501(c)(3) of the Internal Revenue Code that is proposed to be a	54731
sponsor of a community school is an education-oriented entity for	54732
purpose of satisfying the condition prescribed in division	54733
(C)(1)(f)(iii) of section 3314.02 of the Revised Code. Such	54734
determination of the state board is final.	54735

(C) If at any time the state board of education finds that a	54736
sponsor is not in compliance or is no longer willing to comply	54737
with its contract with any community school or with the	54738
department's rules for sponsorship, the state board or designee	54739
shall conduct a hearing in accordance with Chapter 119. of the	54740
Revised Code on that matter. If after the hearing, the state board	54741
or designee has confirmed the original finding, the department of	54742
education may revoke the sponsor's approval to sponsor community	54743
schools. In that case, the department's office of Ohio school	54744
sponsorship, established under section 3314.029 of the Revised	54745
Code, may assume the sponsorship of any schools with which the	54746
sponsor has contracted until the earlier of the expiration of two	54747
school years or until a new sponsor as described in division	54748
(C)(1) of section 3314.02 of the Revised Code is secured by the	54749
school's governing authority. The office of Ohio school	54750
sponsorship may extend the term of the contract in the case of a	54751
school for which it has assumed sponsorship under this division as	54752
necessary to accommodate the term of the department's	54753
authorization to sponsor the school specified in this division.	54754
Community schools sponsored under this division shall not apply to	54755
the limit on directly authorized community schools under division	54756
(A)(3) of section 3314.029 of the Revised Code. However, nothing	54757
in this division shall preclude a community school affected by	54758
this division from applying for sponsorship under that section.	54759

(D) The decision of the department to disapprove an entity	54760
for sponsorship of a community school or to revoke approval for	54761
such sponsorship under division (C) of this section, may be	54762
appealed by the entity in accordance with section 119.12 of the	54763
Revised Code.	54764

(E) The department shall adopt procedures for use by a	54765
community school governing authority and sponsor when the school	54766
permanently closes and ceases operation, which shall include at	54767
least procedures for data reporting to the department, handling of	54768
student records, distribution of assets in accordance with section	54769
3314.074 of the Revised Code, and other matters related to ceasing	54770
operation of the school.	54771

(F)(1) In lieu of revoking a sponsor's authority to sponsor	54772
community schools under division (C) of this section, if the	54773
department finds that a sponsor is not in compliance with	54774
applicable laws and administrative rules, the department shall	54775
declare in a written notice to the sponsor the specific laws or	54776
rules, or both, for which the sponsor is noncompliant. A sponsor	54777
notified under division (F)(1) of this section shall respond to	54778
the department not later than fourteen days after the notification	54779
with a proposed plan to remedy the conditions for which the	54780
sponsor was found to be noncompliant. The department shall approve	54781
or disapprove the plan not later than fourteen days after	54782
receiving it. If the plan is disapproved, the sponsor may submit a	54783
revised plan to the department not later than fourteen days after	54784
receiving notification of disapproval from the department or not	54785
later than sixty days after the date the sponsor received	54786
notification of noncompliance from the department, whichever is	54787
earlier. The department shall approve or disapprove the revised	54788
plan not later than fourteen days after receiving it or not later	54789
than sixty days after the date the sponsor received notification	54790
of noncompliance from the department, whichever is earlier. A	54791
sponsor may continue to make revisions by the deadlines prescribed	54792
in division (F)(1) of this section to any revised plan that is	54793
disapproved by the department until the sixtieth day after the	54794
date the sponsor received notification of noncompliance from the	54795
department.	54796

If a plan or a revised plan is approved, the sponsor shall	54797
implement it not later than sixty days after the date the sponsor	54798
received notification of noncompliance from the department or not	54799
later than thirty days after the plan is approved, whichever is	54800
later. If a sponsor does not respond to the department or	54801
implement an approved compliance plan by the deadlines prescribed	54802
by division (F)(1) of this section, or if a sponsor does not	54803
receive approval of a compliance plan on or before the sixtieth	54804
day after the date the sponsor received notification of	54805
noncompliance from the department, the department shall declare in	54806
written notice to the sponsor that the sponsor is in probationary	54807
status, and may limit the sponsor's ability to sponsor additional	54808
schools.	54809

(2) A sponsor that has been placed on probationary status	54810
under division (F)(1) of this section may apply to the department	54811
for its probationary status to be lifted. The application for a	54812
sponsor's probationary status to be lifted shall include evidence,	54813
occurring after the initial notification of noncompliance, of the	54814
sponsor's compliance with applicable laws and administrative	54815
rules. Not later than fourteen days after receiving an application	54816
from the sponsor, the department shall decide whether or not to	54817
remove the sponsor's probationary status.	54818

(G) In carrying out its duties under this chapter, the	54819
department shall not impose requirements on community schools or	54820
their sponsors that are not permitted by law or duly adopted	54821
rules.	54822

(H) This section applies to entities that sponsor conversion	54823
community schools and new start-up schools.	54824

Sec. 3314.017. (A) The state board of education shall	54825
prescribe by rules, adopted in accordance with Chapter 119. of the	54826
Revised Code, an academic performance rating and report card	54827
system that satisfies the requirements of this section for	54828
community schools that primarily serve students enrolled in	54829
dropout prevention and recovery programs as described in division	54830
(A)(4)(a) of section 3314.35 of the Revised Code, to be used in	54831
lieu of the system prescribed under sections 3302.03 and 3314.012	54832
of the Revised Code beginning with the 2012-2013 school year. Each	54833
such school shall comply with the testing and reporting	54834
requirements of the system as prescribed by the state board.	54835

(B) Nothing in this section shall at any time relieve a	54836
school from its obligations under the "No Child Left Behind Act of	54837
2001" to make "adequate yearly progress," as both that act and	54838
that term are defined in section 3302.01 of the Revised Code, or a	54839
school's amenability to the provisions of section 3302.04 or	54840
3302.041 of the Revised Code. The department shall continue to	54841
report each school's performance as required by the act and to	54842
enforce applicable sanctions under section 3302.04 or 3302.041 of	54843
the Revised Code.	54844

(C) The rules adopted by the state board shall prescribe the	54845
following performance indicators for the rating and report card	54846
system required by this section:	54847

(1) Graduation rate for each of the following student	54848
cohorts:	54849

(a) The number of students who graduate in four years or less	54850
with a regular high school diploma divided by the number of	54851
students who form the adjusted cohort for the graduating class;	54852

(b) The number of students who graduate in five years with a	54853
regular high school diploma divided by the number of students who	54854
form the adjusted cohort for the four-year graduation rate;	54855

(c) The number of students who graduate in six years with a	54856
regular high school diploma divided by the number of students who	54857
form the adjusted cohort for the four-year graduation rate;	54858

(d) The number of students who graduate in seven years with a	54859
regular high school diploma divided by the number of students who	54860
form the adjusted cohort for the four-year graduation rate;	54861

(e) The number of students who graduate in eight years with a	54862
regular high school diploma divided by the number of students who	54863
form the adjusted cohort for the four-year graduation rate.	54864

(2) The percentage of twelfth-grade students currently	54865
enrolled in the school who have attained the designated passing	54866
score on all of the applicable state high school achievement	54867
assessments required under division (B)(1) or (2) of section	54868
3301.0710 of the Revised Code and other students enrolled in the	54869
school, regardless of grade level, who are within three months of	54870
their twenty-second birthday and have attained the designated	54871
passing score on all of the applicable state high school	54872
achievement assessments by their twenty-second birthday;	54873

(3) Annual measurable objectives as defined in section	54874
3302.01 of the Revised Code;	54875

(4) Growth in student achievement in reading, or mathematics,	54876
or both as measured by separate nationally norm-referenced	54877
assessments that have developed appropriate standards for students	54878
enrolled in dropout prevention and recovery programs, adopted or	54879
approved by the state board.	54880

(D)(1) The state board's rules shall prescribe the expected	54881
performance levels and benchmarks for each of the indicators	54882
prescribed by division (C) of this section based on the data	54883
gathered by the department under division (F) of this section.	54884
Based on a school's level of attainment or nonattainment of the	54885
expected performance levels and benchmarks for each of the	54886
indicators, the department shall rate each school in one of the	54887
following categories:	54888

(a) Exceeds standards;

54889

(b) Meets standards;

54890

54891

(2) The state board's rules shall establish all of the	54892
following:	54893

(a) Not later than June 30, 2013, performance levels and	54894
benchmarks for the indicators described in divisions (C)(1) to (3)	54895
of this section;	54896

(b) Not later than December 31, 2014, both of the following:

54897

(i) Performance levels and benchmarks for the indicator	54898
described in division (C)(4) of this section;	54899

(ii) Standards for awarding a community school described in	54900
division (A)(4)(a) of section 3314.35 of the Revised Code an	54901
overall designation, which shall be calculated as follows:	54902

(I) Thirty per cent of the score shall be based on the	54903
indicators described in division (C)(1) of this section that are	54904
applicable to the school year for which the overall designation is	54905
granted.	54906

(II) Thirty per cent of the score shall be based on the	54907
indicators described in division (C)(4) of this section.	54908

(III) Twenty per cent of the score shall be based on the	54909
indicators described in division (C)(2) of this section.	54910

(IV) Twenty per cent of the score shall be based on the	54911
indicators described in division (C)(3) of this section.	54912

(3) If both of the indicators described in divisions (C)(1)	54913
and (2) of this section improve by ten per cent for two	54914
consecutive years, a school shall be rated asnot less than "meets	54915
standards."	54916

The rating and the relevant performance data for each school	54917
shall be posted on the department's web site, and a copy of the	54918
rating and data shall be provided to the governing authority of	54919
the community school.	54920

(E)(1) For the 2012-2013 school year, the department shall	54921
issue a report card including the following performance measures,	54922
but without a performance rating as described in divisions	54923
(D)(1)(a) to (c) of this section, for each community school	54924
described in division (A)(4)(a) of section 3314.35 of the Revised	54925
Code:	54926

(a) The graduation rates as described in divisions (C)(1)(a)	54927
to (c) of this section;	54928

(b) The percentage of twelfth-grade students and other	54929
students who have attained a designated passing score on high	54930
school achievement assessments as described in division (C)(2) of	54931
this section;	54932

(c) The statewide average for the graduation rates and	54933
assessment passage rates described in divisions (C)(1)(a) to (c)	54934
and (C)(2) of this section;	54935

(d) Annual measurable objectives described in division (C)(3)	54936
of this section.	54937

(2) For the 2013-2014 school year, the department shall issue	54938
a report card including the following performance measures for	54939
each community school described in division (A)(4) of section	54940
3314.35 of the Revised Code:	54941

(a) The graduation rates described in divisions (C)(1)(a) to	54942
(d) of this section, including a performance rating as described	54943
in divisions (D)(1)(a) to (c) of this section;	54944

(b) The percentage of twelfth-grade students and other	54945
students who have attained a designated passing score on high	54946
school achievement assessments as described in division (C)(2) of	54947
this section, including a performance rating as described in	54948
divisions (D)(1)(a) to (c) of this section;	54949

(c) Annual measurable objectives described in division (C)(3)	54950
of this section, including a performance rating as described in	54951
divisions (D)(1)(a) to (c) of this section;	54952

(d) Both of the following without an assigned rating:

54953

(i) Growth in annual student achievement in reading and	54954
mathematics described in division (C)(4) of this section, if	54955
available;	54956

(ii) Student outcome data, including postsecondary credit	54957
earned, nationally recognized career or technical certification,	54958
military enlistment, job placement, and attendance rate.	54959

(3) Beginning with the 2014-2015 school year, and annually	54960
thereafter, the department shall issue a report card for each	54961
community school described in division (A)(4)(a) of section	54962
3314.35 of the Revised Code that includes all of the following	54963
performance measures, including a performance rating for each	54964
measure as described in divisions (D)(1)(a) to (c) of this	54965
section:	54966

(a) The graduation rates as described in division (C)(1) of	54967
this section;	54968

(b) The percentage of twelfth-grade students and other	54969
students who have attained a designated passing score on high	54970
school achievement assessments as described in division (C)(2) of	54971
this section;	54972

(c) Annual measurable objectives described in division (C)(3)	54973
of this section, including a performance rating as described in	54974
divisions (D)(1)(a) to (c) of this section;	54975

(d) Growth in annual student achievement in reading and	54976
mathematics as described in division (C)(4) of this section;	54977

(e) An overall performance designation for the school	54978
calculated under rules adopted under division (D)(2) of this	54979
section.	54980

The department shall also include student outcome data,	54981
including postsecondary credit earned, nationally recognized	54982
career or technical certification, military enlistment, job	54983
placement, attendance rate, and progress on closing achievement	54984
gaps for each school. This information shall not be included in	54985
the calculation of a school's performance rating.	54986

(F) In developing the rating and report card system required	54987
by this section, during the 2012-2013 and 2013-2014 school years,	54988
the department shall gather and analyze data as determined	54989
necessary from each community school described in division	54990
(A)(4)(a) of section 3314.35 of the Revised Code. Each such school	54991
shall cooperate with the department by supplying requested data	54992
and administering required assessments, including sample	54993
assessments for purposes of measuring student achievement growth	54994
as described in division (C)(4) of this section. The department	54995
shall consult with stakeholder groups in performing its duties	54996
under this division.	54997

The department shall also identify one or more states that	54998
have established or are in the process of establishing similar	54999
academic performance rating systems for dropout prevention and	55000
recovery programs and consult with the departments of education of	55001
those states in developing the system required by this section.	55002

(G) Not later than December 31, 2014, the state board shall	55003
review the performance levels and benchmarks for performance	55004
indicators in the report card issued under this section and may	55005
revise them based on the data collected under division (F) of this	55006
section.	55007

Sec. 3314.027. Notwithstanding the requirement for initial	55008
approval of sponsorship by the department of education prescribed	55009
in divisions (A)(2) and (B)(1) of section 3314.015 of the Revised	55010
Code and any geographical restriction or mission requirement	55011
prescribed in division (C)(1) of section 3314.02 of the Revised	55012
Code, an entity that has entered into a contract to sponsor a	55013
community school on April 8, 2003, may continue to sponsor the	55014
school in conformance with the terms of that contract ~~as long as~~	55015
~~the entity complies with all other sponsorship provisions of this~~	55016
~~chapter. Such an entity~~and also may enter into new contracts to	55017
sponsor community schools after April 8, 2003, ~~and need not be~~	55018
~~approved by the department for such sponsorship, as otherwise~~	55019
~~required under divisions (A)(2) and (B)(1) of section 3314.015 of~~	55020
~~the Revised Code,~~ as long as the contracts conform to and the	55021
entity complies with all other provisions of this chapter.	55022

Regardless of the entity's authority to sponsor community	55023
schools without the initial approval of the department, each	55024
entity described in this section is under the continuing oversight	55025
of the department in accordance with rules adopted under section	55026
3314.015 of the Revised Code.	55027

Sec. 3314.029. This section establishes the Ohio school	55028
sponsorship program. The department of education shall establish	55029
an office of Ohio school sponsorship to perform the department's	55030
duties prescribed by this section.	55031

(A)(1) Notwithstanding anything to the contrary in this	55032
chapter, ~~but subject to section 3314.20 of the Revised Code,~~ any	55033
person, group of individuals, or entity may apply to the	55034
department for direct authorization to establish a community	55035
school and, upon approval of the application, may establish the	55036
school. Notwithstanding anything to the contrary in this chapter,	55037
the governing authority of an existing community school, upon the	55038
expiration or termination of its contract with the school's	55039
sponsor entered into under section 3314.03 of the Revised Code,	55040
may apply to the department for direct authorization to continue	55041
operating the school and, upon approval of the application, may	55042
continue to operate the school.	55043

Each application submitted to the department shall include	55044
the following:	55045

(a) Evidence that the applicant will be able to comply with	55046
division (C) of this section;	55047

(b) A statement indicating that the applicant agrees to	55048
comply with all applicable provisions of this chapter, including	55049
the requirement to be established as a nonprofit corporation or	55050
public benefit corporation in accordance with division (A)(1) of	55051
section 3314.03 of the Revised Code;	55052

(c) A statement attesting that no unresolved finding of	55053
recovery has been issued by the auditor of state against any	55054
person, group of individuals, or entity that is a party to the	55055
application and that no person who is party to the application has	55056
been a member of the governing authority of any community school	55057
that has permanently closed and against which an unresolved	55058
finding of recovery has been issued by the auditor of state. In	55059
the case of an application submitted by the governing authority of	55060
an existing community school, a person who is party to the	55061
application shall include each individual member of that governing	55062
authority.	55063

(d) A statement that the school will be nonsectarian in its	55064
programs, admission policies, employment practices, and all other	55065
operations, and will not be operated by a sectarian school or	55066
religious institution;	55067

(e) A statement of whether the school is to be created by	55068
converting all or part of an existing public school or educational	55069
service center building or is to be a new start-up school. If it	55070
is a converted public school or service center building, the	55071
statement shall include a specification of any duties or	55072
responsibilities of an employer that the board of education or	55073
service center governing board that operated the school or	55074
building before conversion is delegating to the governing	55075
authority of the community school with respect to all or any	55076
specified group of employees, provided the delegation is not	55077
prohibited by a collective bargaining agreement applicable to such	55078
employees.	55079

(f) A statement that the school's teachers will be licensed	55080
in the manner prescribed by division (A)(10) of section 3314.03 of	55081
the Revised Code;	55082

(g) A statement that the school will comply with all of the	55083
provisions of law enumerated in divisions (A)(11)(d) and (e) of	55084
section 3314.03 of the Revised Code and of division (A)(11)(h) of	55085
that section, if applicable;	55086

(h) A statement that the school's graduation and curriculum	55087
requirements will comply with division (A)(11)(f) of section	55088
3314.03 of the Revised Code;	55089

(i) A description of each of the following:

55090

(i) The school's mission and educational program, the	55091
characteristics of the students the school is expected to attract,	55092
the ages and grade levels of students, and the focus of the	55093
curriculum;	55094

(ii) The school's governing authority, which shall be in	55095
compliance with division (E) of section 3314.02 of the Revised	55096
Code;	55097

(iii) The school's admission and dismissal policies, which	55098
shall be in compliance with divisions (A)(5) and (6) of section	55099
3314.03 of the Revised Code;	55100

(iv) The school's business plan, including a five-year	55101
financial forecast;	55102

(v) In the case of an application to establish a community	55103
school, the applicant's resources and capacity to establish and	55104
operate the school;	55105

(vi) The school's academic goals to be achieved and the	55106
method of measurement that will be used to determine progress	55107
toward those goals, which shall include the statewide achievement	55108
assessments;	55109

(vii) The facilities to be used by the school and their	55110
locations;	55111

(viii) A description of the learning opportunities that will	55112
be offered to students including both classroom-based and	55113
nonclassroom-based learning opportunities that are in compliance	55114
with criteria for student participation established by the	55115
department under division ~~(L)~~(H)(2) of section 3314.08 of the	55116
Revised Code.	55117

(2) Subject to division (A)(3) of this section, the	55118
department shall approve each application, unless, within thirty	55119
days after receipt of the application, the department determines	55120
that the application does not satisfy the requirements of division	55121
(A)(1) of this section and provides the applicant a written	55122
explanation of the reasons for the determination. In that case,	55123
the department shall grant the applicant thirty days to correct	55124
the insufficiencies in the application. If the department	55125
determines that the insufficiencies have been corrected, it shall	55126
approve the application. If the department determines that the	55127
insufficiencies have not been corrected, it shall deny the	55128
application and provide the applicant with a written explanation	55129
of the reasons for the denial. The denial of an application may be	55130
appealed in accordance with section 119.12 of the Revised Code.	55131

(3) For each of five school years, beginning with the school	55132
year that begins in the calendar year in which this section takes	55133
effect, the department may approve up to twenty applications for	55134
community schools to be established or to continue operation under	55135
division (A) of this section; however, of the twenty applications	55136
that may be approved each school year, only up to five may be for	55137
the establishment of new schools.	55138

(4) Notwithstanding division (A)(2) of this section, the	55139
department may deny an application submitted by the governing	55140
authority of an existing community school, if a previous sponsor	55141
of that school did not renew its contract or terminated its	55142
contract with the school entered into under section 3314.03 of the	55143
Revised Code.	55144

(B) The department and the governing authority of each	55145
community school authorized under this section shall enter into a	55146
contract under section 3314.03 of the Revised Code.	55147
Notwithstanding division (A)(13) of that section, the contract	55148
with an existing community school may begin at any time during the	55149
academic year. The length of the initial contract of any community	55150
school under this section may be for any term up to five years.	55151
The contract may be renewed in accordance with division (E) of	55152
that section. The contract may provide for the school's governing	55153
authority to pay a fee for oversight and monitoring of the school	55154
that does not exceed three per cent of the total amount of	55155
payments for operating expenses that the school receives from the	55156
state.	55157

(C) The department may require a community school authorized	55158
under this section to post and file with the superintendent of	55159
public instruction a bond payable to the state or to file with the	55160
state superintendent a guarantee, which shall be used to pay the	55161
state any moneys owed by the community school in the event the	55162
school closes.	55163

(D) Except as otherwise provided in this section, a community	55164
school authorized under this section shall comply with all	55165
applicable provisions of this chapter. The department may take any	55166
action that a sponsor may take under this chapter to enforce the	55167
school's compliance with this division and the terms of the	55168
contract entered into under division (B) of this section.	55169

(E) Not later than December 31, 2012, and annually	55170
thereafter, the department shall issue a report on the program,	55171
including information about the number of community schools	55172
participating in the program and their compliance with the	55173
provisions of this chapter. In its fifth report, the department	55174
shall include a complete evaluation of the program and	55175
recommendations regarding the program's continuation. Each report	55176
shall be provided to the general assembly, in accordance with	55177
section 101.68 of the Revised Code, and to the governor.	55178

Sec. 3314.03. A copy of every contract entered into under	55179
this section shall be filed with the superintendent of public	55180
instruction. The department of education shall make available on	55181
its web site a copy of every approved, executed contract filed	55182
with the superintendent under this section.	55183

(A) Each contract entered into between a sponsor and the	55184
governing authority of a community school shall specify the	55185
following:	55186

(1) That the school shall be established as either of the	55187
following:	55188

(a) A nonprofit corporation established under Chapter 1702.	55189
of the Revised Code, if established prior to April 8, 2003;	55190

(b) A public benefit corporation established under Chapter	55191
1702. of the Revised Code, if established after April 8, 2003.	55192

(2) The education program of the school, including the	55193
school's mission, the characteristics of the students the school	55194
is expected to attract, the ages and grades of students, and the	55195
focus of the curriculum;	55196

(3) The academic goals to be achieved and the method of	55197
measurement that will be used to determine progress toward those	55198
goals, which shall include the statewide achievement assessments;	55199

(4) Performance standards by which the success of the school	55200
will be evaluated by the sponsor;	55201

(5) The admission standards of section 3314.06 of the Revised	55202
Code and, if applicable, section 3314.061 of the Revised Code;	55203

(6)(a) Dismissal procedures;

55204

(b) A requirement that the governing authority adopt an	55205
attendance policy that includes a procedure for automatically	55206
withdrawing a student from the school if the student without a	55207
legitimate excuse fails to participate in one hundred five	55208
consecutive hours of the learning opportunities offered to the	55209
student.	55210

(7) The ways by which the school will achieve racial and	55211
ethnic balance reflective of the community it serves;	55212

(8) Requirements for financial audits by the auditor of	55213
state. The contract shall require financial records of the school	55214
to be maintained in the same manner as are financial records of	55215
school districts, pursuant to rules of the auditor of state.	55216
Audits shall be conducted in accordance with section 117.10 of the	55217
Revised Code.	55218

(9) The facilities to be used and their locations;

55219

(10) Qualifications of teachers, including ~~the following:~~

55220

~~(a) A~~a requirement that the school's classroom teachers be	55221
licensed in accordance with sections 3319.22 to 3319.31 of the	55222
Revised Code, except that a community school may engage	55223
noncertificated persons to teach up to twelve hours per week	55224
pursuant to section 3319.301 of the Revised Code;	55225

~~(b) A requirement that each classroom teacher initially hired~~	55226
~~by the school on or after July 1, 2013, and employed to provide~~	55227
~~instruction in physical education hold a valid license issued~~	55228
~~pursuant to section 3319.22 of the Revised Code for teaching~~	55229
~~physical education~~.	55230

(11) That the school will comply with the following	55231
requirements:	55232

(a) The school will provide learning opportunities to a	55233
minimum of twenty-five students for a minimum of nine hundred	55234
twenty hours per school year.	55235

(b) The governing authority will purchase liability	55236
insurance, or otherwise provide for the potential liability of the	55237
school.	55238

(c) The school will be nonsectarian in its programs,	55239
admission policies, employment practices, and all other	55240
operations, and will not be operated by a sectarian school or	55241
religious institution.	55242

(d) The school will comply with sections 9.90, 9.91, 109.65,	55243
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	55244
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,	55245
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	55246
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	55247
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	55248
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.814,	55249
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39,	55250
3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17,	55251
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	55252
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	55253
4123., 4141., and 4167. of the Revised Code as if it were a school	55254
district and will comply with section 3301.0714 of the Revised	55255
Code in the manner specified in section 3314.17 of the Revised	55256
Code.	55257

(e) The school shall comply with Chapter 102. and section	55258
2921.42 of the Revised Code.	55259

(f) The school will comply with sections 3313.61, 3313.611,	55260
and 3313.614 of the Revised Code, except that for students who	55261
enter ninth grade for the first time before July 1, 2010, the	55262
requirement in sections 3313.61 and 3313.611 of the Revised Code	55263
that a person must successfully complete the curriculum in any	55264
high school prior to receiving a high school diploma may be met by	55265
completing the curriculum adopted by the governing authority of	55266
the community school rather than the curriculum specified in Title	55267
XXXIII of the Revised Code or any rules of the state board of	55268
education. Beginning with students who enter ninth grade for the	55269
first time on or after July 1, 2010, the requirement in sections	55270
3313.61 and 3313.611 of the Revised Code that a person must	55271
successfully complete the curriculum of a high school prior to	55272
receiving a high school diploma shall be met by completing the	55273
Ohio core curriculum prescribed in division (C) of section	55274
3313.603 of the Revised Code, unless the person qualifies under	55275
division (D) or (F) of that section. Each school shall comply with	55276
the plan for awarding high school credit based on demonstration of	55277
subject area competency, adopted by the state board of education	55278
under division (J) of section 3313.603 of the Revised Code.	55279

(g) The school governing authority will submit within four	55280
months after the end of each school year a report of its	55281
activities and progress in meeting the goals and standards of	55282
divisions (A)(3) and (4) of this section and its financial status	55283
to the sponsor and the parents of all students enrolled in the	55284
school.	55285

(h) The school, unless it is an internet- or computer-based	55286
community school, will comply with section 3313.801 of the Revised	55287
Code as if it were a school district.	55288

(i) If the school is the recipient of moneys from a grant	55289
awarded under the federal race to the top program, Division (A),	55290
Title XIV, Sections 14005 and 14006 of the "American Recovery and	55291
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	55292
school will pay teachers based upon performance in accordance with	55293
section 3317.141 and will comply with section 3319.111 of the	55294
Revised Code as if it were a school district.	55295

(12) Arrangements for providing health and other benefits to	55296
employees;	55297

(13) The length of the contract, which shall begin at the	55298
beginning of an academic year. No contract shall exceed five years	55299
unless such contract has been renewed pursuant to division (E) of	55300
this section.	55301

(14) The governing authority of the school, which shall be	55302
responsible for carrying out the provisions of the contract;	55303

(15) A financial plan detailing an estimated school budget	55304
for each year of the period of the contract and specifying the	55305
total estimated per pupil expenditure amount for each such year.	55306
~~The plan shall specify for each year the base formula amount that~~	55307
~~will be used for purposes of funding calculations under section~~	55308
~~3314.08 of the Revised Code. This base formula amount for any year~~	55309
~~shall not exceed the formula amount defined under section 3317.02~~	55310
~~of the Revised Code. The plan may also specify for any year a~~	55311
~~percentage figure to be used for reducing the per pupil amount of~~	55312
~~the subsidy calculated pursuant to section 3317.029 of the Revised~~	55313
~~Code the school is to receive that year under section 3314.08 of~~	55314
~~the Revised Code.~~	55315

(16) Requirements and procedures regarding the disposition of	55316
employees of the school in the event the contract is terminated or	55317
not renewed pursuant to section 3314.07 of the Revised Code;	55318

(17) Whether the school is to be created by converting all or	55319
part of an existing public school or educational service center	55320
building or is to be a new start-up school, and if it is a	55321
converted public school or service center building, specification	55322
of any duties or responsibilities of an employer that the board of	55323
education or service center governing board that operated the	55324
school or building before conversion is delegating to the	55325
governing authority of the community school with respect to all or	55326
any specified group of employees provided the delegation is not	55327
prohibited by a collective bargaining agreement applicable to such	55328
employees;	55329

(18) Provisions establishing procedures for resolving	55330
disputes or differences of opinion between the sponsor and the	55331
governing authority of the community school;	55332

(19) A provision requiring the governing authority to adopt a	55333
policy regarding the admission of students who reside outside the	55334
district in which the school is located. That policy shall comply	55335
with the admissions procedures specified in sections 3314.06 and	55336
3314.061 of the Revised Code and, at the sole discretion of the	55337
authority, shall do one of the following:	55338

(a) Prohibit the enrollment of students who reside outside	55339
the district in which the school is located;	55340

(b) Permit the enrollment of students who reside in districts	55341
adjacent to the district in which the school is located;	55342

(c) Permit the enrollment of students who reside in any other	55343
district in the state.	55344

(20) A provision recognizing the authority of the department	55345
of education to take over the sponsorship of the school in	55346
accordance with the provisions of division (C) of section 3314.015	55347
of the Revised Code;	55348

(21) A provision recognizing the sponsor's authority to	55349
assume the operation of a school under the conditions specified in	55350
division (B) of section 3314.073 of the Revised Code;	55351

(22) A provision recognizing both of the following:

55352

(a) The authority of public health and safety officials to	55353
inspect the facilities of the school and to order the facilities	55354
closed if those officials find that the facilities are not in	55355
compliance with health and safety laws and regulations;	55356

(b) The authority of the department of education as the	55357
community school oversight body to suspend the operation of the	55358
school under section 3314.072 of the Revised Code if the	55359
department has evidence of conditions or violations of law at the	55360
school that pose an imminent danger to the health and safety of	55361
the school's students and employees and the sponsor refuses to	55362
take such action.	55363

(23) A description of the learning opportunities that will be	55364
offered to students including both classroom-based and	55365
non-classroom-based learning opportunities that is in compliance	55366
with criteria for student participation established by the	55367
department under division ~~(L)~~(H)(2) of section 3314.08 of the	55368
Revised Code;	55369

(24) The school will comply with sections 3302.04 and	55370
3302.041 of the Revised Code, except that any action required to	55371
be taken by a school district pursuant to those sections shall be	55372
taken by the sponsor of the school. However, the sponsor shall not	55373
be required to take any action described in division (F) of	55374
section 3302.04 of the Revised Code.	55375

(25) Beginning in the 2006-2007 school year, the school will	55376
open for operation not later than the thirtieth day of September	55377
each school year, unless the mission of the school as specified	55378
under division (A)(2) of this section is solely to serve dropouts.	55379
In its initial year of operation, if the school fails to open by	55380
the thirtieth day of September, or within one year after the	55381
adoption of the contract pursuant to division (D) of section	55382
3314.02 of the Revised Code if the mission of the school is solely	55383
to serve dropouts, the contract shall be void.	55384

(B) The community school shall also submit to the sponsor a	55385
comprehensive plan for the school. The plan shall specify the	55386
following:	55387

(1) The process by which the governing authority of the	55388
school will be selected in the future;	55389

(2) The management and administration of the school;

55390

(3) If the community school is a currently existing public	55391
school or educational service center building, alternative	55392
arrangements for current public school students who choose not to	55393
attend the converted school and for teachers who choose not to	55394
teach in the school or building after conversion;	55395

(4) The instructional program and educational philosophy of	55396
the school;	55397

(5) Internal financial controls.

55398

(C) A contract entered into under section 3314.02 of the	55399
Revised Code between a sponsor and the governing authority of a	55400
community school may provide for the community school governing	55401
authority to make payments to the sponsor, which is hereby	55402
authorized to receive such payments as set forth in the contract	55403
between the governing authority and the sponsor. The total amount	55404
of such payments for oversight and monitoring of the school shall	55405
not exceed three per cent of the total amount of payments for	55406
operating expenses that the school receives from the state.	55407

(D) The contract shall specify the duties of the sponsor	55408
which shall be in accordance with the written agreement entered	55409
into with the department of education under division (B) of	55410
section 3314.015 of the Revised Code and shall include the	55411
following:	55412

(1) Monitor the community school's compliance with all laws	55413
applicable to the school and with the terms of the contract;	55414

(2) Monitor and evaluate the academic and fiscal performance	55415
and the organization and operation of the community school on at	55416
least an annual basis;	55417

(3) Report on an annual basis the results of the evaluation	55418
conducted under division (D)(2) of this section to the department	55419
of education and to the parents of students enrolled in the	55420
community school;	55421

(4) Provide technical assistance to the community school in	55422
complying with laws applicable to the school and terms of the	55423
contract;	55424

(5) Take steps to intervene in the school's operation to	55425
correct problems in the school's overall performance, declare the	55426
school to be on probationary status pursuant to section 3314.073	55427
of the Revised Code, suspend the operation of the school pursuant	55428
to section 3314.072 of the Revised Code, or terminate the contract	55429
of the school pursuant to section 3314.07 of the Revised Code as	55430
determined necessary by the sponsor;	55431

(6) Have in place a plan of action to be undertaken in the	55432
event the community school experiences financial difficulties or	55433
closes prior to the end of a school year.	55434

(E) Upon the expiration of a contract entered into under this	55435
section, the sponsor of a community school may, with the approval	55436
of the governing authority of the school, renew that contract for	55437
a period of time determined by the sponsor, but not ending earlier	55438
than the end of any school year, if the sponsor finds that the	55439
school's compliance with applicable laws and terms of the contract	55440
and the school's progress in meeting the academic goals prescribed	55441
in the contract have been satisfactory. Any contract that is	55442
renewed under this division remains subject to the provisions of	55443
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	55444

(F) If a community school fails to open for operation within	55445
one year after the contract entered into under this section is	55446
adopted pursuant to division (D) of section 3314.02 of the Revised	55447
Code or permanently closes prior to the expiration of the	55448
contract, the contract shall be void and the school shall not	55449
enter into a contract with any other sponsor. A school shall not	55450
be considered permanently closed because the operations of the	55451
school have been suspended pursuant to section 3314.072 of the	55452
Revised Code.	55453

Sec. 3314.042. The governing authority of each community	55454
school shall comply with the standards for financial reporting	55455
adopted under division (B)(2) of section 3301.07 of the Revised	55456
Code.	55457

Sec. 3314.05. (A) The contract between the community school	55458
and the sponsor shall specify the facilities to be used for the	55459
community school and the method of acquisition. Except as provided	55460
in divisions (B)(3) and (4) of this section, no community school	55461
shall be established in more than one school district under the	55462
same contract.	55463

(B) Division (B) of this section shall not apply to internet-	55464
or computer-based community schools.	55465

(1) A community school may be located in multiple facilities	55466
under the same contract only if the limitations on availability of	55467
space prohibit serving all the grade levels specified in the	55468
contract in a single facility or division (B)(2), (3), or (4) of	55469
this section applies to the school. The school shall not offer the	55470
same grade level classrooms in more than one facility.	55471

(2) A community school may be located in multiple facilities	55472
under the same contract and, notwithstanding division (B)(1) of	55473
this section, may assign students in the same grade level to	55474
multiple facilities, as long as all of the following apply:	55475

(a) ~~The governing authority of the community school filed a~~	55476
~~copy of its contract with the school's sponsor under section~~	55477
~~3314.03 of the Revised Code with the superintendent of public~~	55478
~~instruction on or before May 15, 2008.~~	55479

~~(b) The school was not open for operation prior to July 1,~~	55480
~~2008.~~	55481

~~(c)~~ The governing authority has entered into and maintains a	55482
contract with an operator of the type described in division	55483
(A)(8)(b) of section 3314.02 of the Revised Code.	55484

~~(d)~~(b) The contract with that operator qualified the school	55485
to be established pursuant to division (A) of former section	55486
3314.016 of the Revised Code.	55487

~~(e)~~(c) The school's rating under section 3302.03 of the	55488
Revised Code does not fall below a combination of any of the	55489
following for two or more consecutive years:	55490

(i) A rating of "in need of continuous improvement" under	55491
section 3302.03 of the Revised Code, as that section existed prior	55492
to ~~the effective date of this section~~March 22, 2013;	55493

(ii) For the 2012-2013 and 2013-2014 school years, a rating	55494
of "C" for both the performance index score under division	55495
(A)(1)(b) or (B)(1)(b) and the value-added dimension under	55496
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	55497
Code; or if the building serves only grades ten through twelve,	55498
the building received a grade of "C" for the performance index	55499
score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of	55500
the Revised Code;	55501

(iii) For the 2014-2015 school year and for any school year	55502
thereafter, an overall grade of "C" under division (C)(3) of	55503
section 3302.03 of the Revised Code or an overall performance	55504
designation of "meets standards" under division (E)(3)(e) of	55505
section 3314.017 of the Revised Code.	55506

(3) A new start-up community school may be established in two	55507
school districts under the same contract if all of the following	55508
apply:	55509

(a) At least one of the school districts in which the school	55510
is established is a challenged school district;	55511

(b) The school operates not more than one facility in each	55512
school district and, in accordance with division (B)(1) of this	55513
section, the school does not offer the same grade level classrooms	55514
in both facilities; and	55515

(c) Transportation between the two facilities does not	55516
require more than thirty minutes of direct travel time as measured	55517
by school bus.	55518

In the case of a community school to which division (B)(3) of	55519
this section applies, if only one of the school districts in which	55520
the school is established is a challenged school district, that	55521
district shall be considered the school's primary location and the	55522
district in which the school is located for the purposes of	55523
division (A)(19) of section 3314.03 and divisions (C) and (H) of	55524
section 3314.06 of the Revised Code and for all other purposes of	55525
this chapter. If both of the school districts in which the school	55526
is established are challenged school districts, the school's	55527
governing authority shall designate one of those districts to be	55528
considered the school's primary location and the district in which	55529
the school is located for the purposes of those divisions and all	55530
other purposes of this chapter and shall notify the department of	55531
education of that designation.	55532

(4) A community school may be located in multiple facilities	55533
under the same contract and, notwithstanding division (B)(1) of	55534
this section, may assign students in the same grade level to	55535
multiple facilities, as long as both of the following apply:	55536

(a) The facilities are all located in the same county.

55537

(b) Either of the following conditions are satisfied:

55538

(i) The community school is sponsored by a board of education	55539
of a city, local, or exempted village school district having	55540
territory in the same county where the facilities of the community	55541
school are located;	55542

(ii) The community school is managed by an operator.

55543

In the case of a community school to which division (B)(4) of	55544
this section applies and that maintains facilities in more than	55545
one school district, the school's governing authority shall	55546
designate one of those districts to be considered the school's	55547
primary location and the district in which the school is located	55548
for the purposes of division (A)(19) of section 3314.03 and	55549
divisions (C) and (H) of section 3314.06 of the Revised Code and	55550
for all other purposes of this chapter and shall notify the	55551
department of that designation.	55552

(5) Any facility used for a community school shall meet all	55553
health and safety standards established by law for school	55554
buildings.	55555

(C) In the case where a community school is proposed to be	55556
located in a facility owned by a school district or educational	55557
service center, the facility may not be used for such community	55558
school unless the district or service center board owning the	55559
facility enters into an agreement for the community school to	55560
utilize the facility. Use of the facility may be under any terms	55561
and conditions agreed to by the district or service center board	55562
and the school.	55563

(D) Two or more separate community schools may be located in	55564
the same facility.	55565

(E) In the case of a community school that is located in	55566
multiple facilities, beginning July 1, 2012, the department shall	55567
assign a unique identification number to the school and to each	55568
facility maintained by the school. Each number shall be used for	55569
identification purposes only. Nothing in this division shall be	55570
construed to require the department to calculate the amount of	55571
funds paid under this chapter, or to compute any data required for	55572
the report cards issued under section 3314.012 of the Revised	55573
Code, for each facility separately. The department shall make all	55574
such calculations or computations for the school as a whole.	55575

Sec. 3314.06. The governing authority of each community	55576
school established under this chapter shall adopt admission	55577
procedures that specify the following:	55578

(A) That, except as otherwise provided in this section,	55579
admission to the school shall be open to any individual age five	55580
to twenty-two entitled to attend school pursuant to section	55581
3313.64 or 3313.65 of the Revised Code in a school district in the	55582
state.	55583

Additionally, except as otherwise provided in this section,	55584
admission to the school may be open on a tuition basis to any	55585
individual age five to twenty-two who is not a resident of this	55586
state. The school shall not receive state funds under section	55587
3314.08 of the Revised Code for any student who is not a resident	55588
of this state.	55589

An individual younger than five years of age may be admitted	55590
to the school in accordance with division (A)(2) of section	55591
3321.01 of the Revised Code. The school shall receive funds for an	55592
individual admitted under that division in the manner provided	55593
under section 3314.08 of the Revised Code.	55594

(B)(1) That admission to the school may be limited to	55595
students who have attained a specific grade level or are within a	55596
specific age group; to students that meet a definition of	55597
"at-risk," as defined in the contract; to residents of a specific	55598
geographic area within the district, as defined in the contract;	55599
or to separate groups of autistic students and nondisabled	55600
students, as authorized in section 3314.061 of the Revised Code	55601
and as defined in the contract.	55602

(2) For purposes of division (B)(1) of this section,	55603
"at-risk" students may include those students identified as gifted	55604
students under section 3324.03 of the Revised Code.	55605

(C) Whether enrollment is limited to students who reside in	55606
the district in which the school is located or is open to	55607
residents of other districts, as provided in the policy adopted	55608
pursuant to the contract.	55609

(D)(1) That there will be no discrimination in the admission	55610
of students to the school on the basis of race, creed, color,	55611
disability, or sex except that:	55612

(a) The governing authority may do either of the following	55613
for the purpose described in division (G) of this section:	55614

(i) Establish a single-gender school for either sex;

55615

(ii) Establish single-gender schools for each sex under the	55616
same contract, provided substantially equal facilities and	55617
learning opportunities are offered for both boys and girls. Such	55618
facilities and opportunities may be offered for each sex at	55619
separate locations.	55620

(b) The governing authority may establish a school that	55621
simultaneously serves a group of students identified as autistic	55622
and a group of students who are not disabled, as authorized in	55623
section 3314.061 of the Revised Code. However, unless the total	55624
capacity established for the school has been filled, no student	55625
with any disability shall be denied admission on the basis of that	55626
disability.	55627

(2) That upon admission of any student with a disability, the	55628
community school will comply with all federal and state laws	55629
regarding the education of students with disabilities.	55630

(E) That the school may not limit admission to students on	55631
the basis of intellectual ability, measures of achievement or	55632
aptitude, or athletic ability, except that a school may limit its	55633
enrollment to students as described in division (B) of this	55634
section.	55635

(F) That the community school will admit the number of	55636
students that does not exceed the capacity of the school's	55637
programs, classes, grade levels, or facilities.	55638

(G) That the purpose of single-gender schools that are	55639
established shall be to take advantage of the academic benefits	55640
some students realize from single-gender instruction and	55641
facilities and to offer students and parents residing in the	55642
district the option of a single-gender education.	55643

(H) That, except as otherwise provided under division (B) of	55644
this section or section 3314.061 of the Revised Code, if the	55645
number of applicants exceeds the capacity restrictions of division	55646
(F) of this section, students shall be admitted by lot from all	55647
those submitting applications, except preference shall be given to	55648
students attending the school the previous year and to students	55649
who reside in the district in which the school is located.	55650
Preference may be given to siblings of students attending the	55651
school the previous year.	55652

Notwithstanding divisions (A) to (H) of this section, in the	55653
event the racial composition of the enrollment of the community	55654
school is violative of a federal desegregation order, the	55655
community school shall take any and all corrective measures to	55656
comply with the desegregation order.	55657

Sec. 3314.072. The provisions of this section are enacted to	55658
promote the public health, safety, and welfare by establishing	55659
procedures under which the governing authorities of community	55660
schools established under this chapter will be held accountable	55661
for their compliance with the terms of the contracts they enter	55662
into with their school's sponsors and the law relating to the	55663
school's operation. Suspension of the operation of a school	55664
imposed under this section is intended to encourage the governing	55665
authority's compliance with the terms of the school's contract and	55666
the law and is not intended to be an alteration of the terms of	55667
that contract.	55668

(A) If a sponsor of a community school established under this	55669
chapter suspends the operation of that school pursuant to	55670
procedures set forth in this section, the governing authority	55671
shall not operate that school while the suspension is in effect.	55672
Any such suspension shall remain in effect until the sponsor	55673
notifies the governing authority that it is no longer in effect.	55674
The contract of a school of which operation is suspended under	55675
this section also may be subject to termination or nonrenewal	55676
under section 3314.07 of the Revised Code.	55677

(B) If at any time conditions at the school do not comply	55678
with a health and safety standard established by law for school	55679
buildings, the sponsor shall immediately suspend the operation of	55680
the school pursuant to procedures set forth in division (D) of	55681
this section. If the sponsor fails to take action to suspend the	55682
operation of a school to which this division applies, the	55683
department of education may take such action.	55684

(C)(1) For any of the reasons prescribed in division	55685
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the	55686
sponsor of a community school established under this chapter may	55687
suspend the operation of the school only if it first issues to the	55688
governing authority notice of the sponsor's intent to suspend the	55689
operation of the contract. Such notice shall explain the reasons	55690
for the sponsor's intent to suspend operation of the contract and	55691
shall provide the school's governing authority with five business	55692
days to submit to the sponsor a proposal to remedy the conditions	55693
cited as reasons for the suspension.	55694

(2) The sponsor shall promptly review any proposed remedy	55695
timely submitted by the governing authority and either approve or	55696
disapprove the remedy. If the sponsor disapproves the remedy	55697
proposed by the governing authority, if the governing authority	55698
fails to submit a proposed remedy in the manner prescribed by the	55699
sponsor, or if the governing authority fails to implement the	55700
remedy as approved by the sponsor, the sponsor may suspend	55701
operation of the school pursuant to procedures set forth in	55702
division (D) of this section.	55703

(D)(1) If division (B) of this section applies or if the	55704
sponsor of a community school established under this chapter	55705
decides to suspend the operation of a school as permitted in	55706
division (C)(2) of this section, the sponsor shall promptly send	55707
written notice to the governing authority stating that the	55708
operation of the school is immediately suspended, and explaining	55709
the specific reasons for the suspension. The notice shall state	55710
that the governing authority has five business days to submit a	55711
proposed remedy to the conditions cited as reasons for the	55712
suspension or face potential contract termination.	55713

(2) Upon receipt of the notice of suspension prescribed under	55714
division (D)(1) of this section, the governing authority shall	55715
immediately notify the employees of the school and the parents of	55716
the students enrolled in the school of the suspension and the	55717
reasons therefore, and shall cease all school operations on the	55718
next business day.	55719

(E)(1) Beginning with the 2013-2014 school year, if the	55720
sponsor of a community school suspends the operation of that	55721
school pursuant to procedures set forth in this section, the	55722
school's contract with the sponsor under section 3314.03 of the	55723
Revised Code shall become void, if the governing authority of the	55724
school fails to provide a proposal to remedy the conditions cited	55725
by the sponsor as reasons for the suspension, to the satisfaction	55726
of the sponsor, by the thirtieth day of September of the school	55727
year immediately following the school year in which the operation	55728
of school was suspended.	55729

(2) If, prior to the effective date of this amendment, the	55730
sponsor of a community school has suspended the operation of the	55731
school, the contract with the sponsor under section 3314.03 of the	55732
Revised Code shall become void if the governing authority of the	55733
school fails to provide by September 30, 2014, a proposal to	55734
remedy the conditions cited by the sponsor as reasons for the	55735
suspension, to the satisfaction of the sponsor.	55736

Sec. 3314.074. Divisions (A) and (B) of this section apply	55737
only to the extent permitted under Chapter 1702. of the Revised	55738
Code.	55739

(A) If any community school established under this chapter	55740
permanently closes and ceases its operation as a community school,	55741
the assets of that school shall be distributed first to the	55742
retirement funds of employees of the school, employees of the	55743
school, and private creditors who are owed compensation, and then	55744
any remaining funds shall be paid to the department of education	55745
for redistribution to the school districts in which the students	55746
who were enrolled in the school at the time it ceased operation	55747
were entitled to attend school under section 3313.64 or 3313.65 of	55748
the Revised Code. The amount distributed to each school district	55749
shall be proportional to the district's share of the total	55750
enrollment in the community school.	55751

(B) If a community school closes and ceases to operate as a	55752
community school and the school has received computer hardware or	55753
software from the former Ohio SchoolNet commission or the former	55754
eTech Ohio commission, such hardware or software shall be ~~returned~~	55755
turned over to the ~~eTech Ohio commission~~department of education,	55756
~~and the eTech Ohio commission~~which shall redistribute the	55757
hardware and software, to the extent such redistribution is	55758
possible, to school districts in conformance with the provisions	55759
of the programs as they were operated and administered by the	55760
former eTech Ohio commission.	55761

(C) If the assets of the school are insufficient to pay all	55762
persons or entities to whom compensation is owed, the	55763
prioritization of the distribution of the assets to individual	55764
persons or entities within each class of payees may be determined	55765
by decree of a court in accordance with this section and Chapter	55766
1702. of the Revised Code.	55767

Sec. 3314.08. ~~The deductions under division (C) and the~~	55768
~~payments under division (D) of this section for fiscal years 2012~~	55769
~~and 2013 shall be made in accordance with section 3314.088 of the~~	55770
~~Revised Code.~~	55771

(A) As used in this section:

55772

(1) ~~"Base formula amount" means the amount specified as such~~	55773
~~in a community school's financial plan for a school year pursuant~~	55774
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	55775

~~(2) "IEP" has the same meaning as in section 3323.01 of the~~	55776
~~Revised Code.~~	55777

~~(3) "Applicable special education weight" means the multiple~~	55778
~~specified in section 3317.013 of the Revised Code for a disability~~	55779
~~described in that section.~~	55780

~~(4) "Applicable vocational education weight" means:~~

55781

~~(a) For a student enrolled in vocational education programs~~	55782
~~or classes described in division (A) of section 3317.014 of the~~	55783
~~Revised Code, the multiple specified in that division;~~	55784

~~(b) For a student enrolled in vocational education programs~~	55785
~~or classes described in division (B) of section 3317.014 of the~~	55786
~~Revised Code, the multiple specified in that division.~~	55787

~~(5) "Entitled to attend school" means entitled to attend~~	55788
~~school in a district under section 3313.64 or 3313.65 of the~~	55789
~~Revised Code.~~	55790

~~(6) A community school student is "included in the poverty~~	55791
~~student count" of a school district if the student is entitled to~~	55792
~~attend school in the district and the student's family receives~~	55793
~~assistance under the Ohio works first program.~~	55794

~~(7) "Poverty-based assistance reduction factor" means the~~	55795
~~percentage figure, if any, for reducing the per pupil amount of~~	55796
~~poverty-based assistance a community school is entitled to receive~~	55797
~~pursuant to divisions (D)(5) to (9) of this section in any year,~~	55798
~~as specified in the school's financial plan for the year pursuant~~	55799
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	55800

~~(8) "All-day kindergarten" has the same meaning as in section~~	55801
~~3321.05 of the Revised Code.~~	55802

~~(9)~~(a) "Category one career-technical education student"	55803
means a student who is receiving the career-technical education	55804
services described in division (A) of section 3317.014 of the	55805
Revised Code.	55806

(b) "Category two career-technical student" means a student	55807
who is receiving the career-technical education services described	55808
in division (B) of section 3317.014 of the Revised Code.	55809

(c) "Category three career-technical student" means a student	55810
who is receiving the career-technical education services described	55811
in division (C) of section 3317.014 of the Revised Code.	55812

(d) "Category four career-technical student" means a student	55813
who is receiving the career-technical education services described	55814
in division (D) of section 3317.014 of the Revised Code.	55815

(e) "Category five career-technical education student" means	55816
a student who is receiving the career-technical education services	55817
described in division (E) of section 3317.014 of the Revised Code.	55818

(2)(a) "Category one limited English proficient student"	55819
means a limited English proficient student described in division	55820
(A) of section 3317.016 of the Revised Code.	55821

(b) "Category two limited English proficient student" means a	55822
limited English proficient student described in division (B) of	55823
section 3317.016 of the Revised Code.	55824

(c) "Category three limited English proficient student" means	55825
a limited English proficient student described in division (C) of	55826
section 3317.016 of the Revised Code.	55827

(3)(a) "Category one special education student" means a	55828
student who is receiving special education services for a	55829
disability specified in division (A) of section 3317.013 of the	55830
Revised Code.	55831

(b) "Category two special education student" means a student	55832
who is receiving special education services for a disability	55833
specified in division (B) of section 3317.013 of the Revised Code.	55834

(c) "Category three special education student" means a	55835
student who is receiving special education services for a	55836
disability specified in division (C) of section 3317.013 of the	55837
Revised Code.	55838

(d) "Category four special education student" means a student	55839
who is receiving special education services for a disability	55840
specified in division (D) of section 3317.013 of the Revised Code.	55841

(e) "Category five special education student" means a student	55842
who is receiving special education services for a disability	55843
specified in division (E) of section 3317.013 of the Revised Code.	55844

(f) "Category six special education student" means a student	55845
who is receiving special education services for a disability	55846
specified in division (F) of section 3317.013 of the Revised Code.	55847

(4) "Formula amount" has the same meaning as in section	55848
3317.02 of the Revised Code.	55849

(5) "IEP" has the same meaning as in section 3323.01 of the	55850
Revised Code.	55851

(6) "Resident district" means the school district in which a	55852
student is entitled to attend school under section 3313.64 or	55853
3313.65 of the Revised Code.	55854

(7) "State education aid" has the same meaning as in section	55855
5751.20 of the Revised Code.	55856

(B) The state board of education shall adopt rules requiring	55857
both of the following:	55858

(1) The board of education of each city, exempted village,	55859
and local school district to annually report the number of	55860
students entitled to attend school in the district who are	55861
enrolled in ~~grades one~~each grade kindergarten through twelve in a	55862
community school established under this chapter, ~~the number of~~	55863
~~students entitled to attend school in the district who are~~	55864
~~enrolled in kindergarten in a community school, the number of~~	55865
~~those kindergartners who are enrolled in all-day kindergarten in~~	55866
~~their community school,~~ and for each child, the community school	55867
in which the child is enrolled.	55868

(2) The governing authority of each community school	55869
established under this chapter to annually report all of the	55870
following:	55871

(a) The number of students enrolled in grades one through	55872
twelve and the full-time equivalent number of students enrolled in	55873
kindergarten in the school who are not receiving special education	55874
and related services pursuant to an IEP;	55875

(b) The number of enrolled students in grades one through	55876
twelve and the full-time equivalent number of enrolled students in	55877
kindergarten, who are receiving special education and related	55878
services pursuant to an IEP;	55879

(c) The number of students reported under division (B)(2)(b)	55880
of this section receiving special education and related services	55881
pursuant to an IEP for a disability described in each of divisions	55882
(A) to (F) of section 3317.013 of the Revised Code;	55883

(d) The full-time equivalent number of students reported	55884
under divisions (B)(2)(a) and (b) of this section who are enrolled	55885
in ~~vocational~~career-technical education programs or classes	55886
described in each of divisions (A) ~~and (B)~~to (E) of section	55887
3317.014 of the Revised Code that are provided by the community	55888
school;	55889

(e) Twenty per cent of the number of students reported under	55890
divisions (B)(2)(a) and (b) of this section who are not reported	55891
under division (B)(2)(d) of this section but who are enrolled in	55892
~~vocational~~career-technical education programs or classes	55893
described in each of divisions (A) ~~and (B)~~to (E) of section	55894
3317.014 of the Revised Code at a joint vocational school district	55895
~~under a contract between the community school and the joint~~	55896
~~vocational school district and are entitled to attend school in a~~	55897
~~city, local, or exempted village school district whose territory~~	55898
~~is part of the territory of the joint vocational school district~~	55899
or another district in the career-technical planning district to	55900
which the school is assigned;	55901

(f) ~~The number of enrolled preschool children with~~	55902
~~disabilities receiving special education services in a~~	55903
~~state-funded unit;~~	55904

~~(g) The community school's base formula amount;~~

55905

~~(h)~~The number of students reported under divisions (B)(2)(a)	55906
and (b) of this section who are category one to three limited	55907
English proficient students described in each of divisions (A) to	55908
(C) of section 3317.016 of the Revised Code;	55909

(g) The number of students reported under divisions (B)(2)(a)	55910
and (b) who are economically disadvantaged, as defined by the	55911
department. A student shall not be categorically excluded from the	55912
number reported under division (B)(2)(g) of this section based on	55913
anything other than family income.	55914

(h) For each student, the city, exempted village, or local	55915
school district in which the student is entitled to attend school;	55916

~~(i) Any poverty-based assistance reduction factor that~~	55917
~~applies to a school year~~under section 3313.64 or 3313.65 of the	55918
Revised Code.	55919

A school district board and a community school governing	55920
authority shall include in their respective reports under division	55921
(B) of this section any child admitted in accordance with division	55922
(A)(2) of section 3321.01 of the Revised Code.	55923

A governing authority of a community school shall not include	55924
in its report under division (B)(2) of this section any student	55925
for whom tuition is charged under division (F) of this section.	55926

(C) ~~From the state education aid calculated for a city,~~	55927
~~exempted village, or local school district and, if necessary, from~~	55928
~~the payment made to the district under sections 321.24 and 323.156~~	55929
~~of the Revised Code, the department of education shall annually~~	55930
~~subtract the sum of the amounts described in divisions (C)(1) to~~	55931
~~(9) of this section. However, when deducting payments on behalf of~~	55932
~~students enrolled in internet- or computer-based community~~	55933
~~schools, the department shall deduct only those amounts described~~	55934
~~in divisions (C)(1) and (2) of this section. Furthermore, the~~	55935
~~aggregate amount deducted under this division shall not exceed the~~	55936
~~sum of the district's state education aid and its payment under~~	55937
~~sections 321.24 and 323.156 of the Revised Code.~~	55938

~~(1) An amount equal to the sum of the amounts obtained when,~~	55939
~~for each community school where the district's students are~~	55940
~~enrolled, the number of the district's students reported under~~	55941
~~divisions (B)(2)(a), (b), and (e) of this section who are enrolled~~	55942
~~in grades one through twelve, and one-half the number of students~~	55943
~~reported under those divisions who are enrolled in kindergarten,~~	55944
~~in that community school is multiplied by the sum of the base~~	55945
~~formula amount of that community school plus the per pupil amount~~	55946
~~of the base funding supplements specified in divisions (C)(1) to~~	55947
~~(4) of section 3317.012 of the Revised Code.~~	55948

~~(2) The sum of the amounts calculated under divisions~~	55949
~~(C)(2)(a) and (b) of this section:~~	55950

~~(a) For each of the district's students reported under~~	55951
~~division (B)(2)(c) of this section as enrolled in a community~~	55952
~~school in grades one through twelve and receiving special~~	55953
~~education and related services pursuant to an IEP for a disability~~	55954
~~described in section 3317.013 of the Revised Code, the product of~~	55955
~~the applicable special education weight times the community~~	55956
~~school's base formula amount;~~	55957

~~(b) For each of the district's students reported under~~	55958
~~division (B)(2)(c) of this section as enrolled in kindergarten in~~	55959
~~a community school and receiving special education and related~~	55960
~~services pursuant to an IEP for a disability described in section~~	55961
~~3317.013 of the Revised Code, one-half of the amount calculated as~~	55962
~~prescribed in division (C)(2)(a) of this section.~~	55963

~~(3) For each of the district's students reported under~~	55964
~~division (B)(2)(d) of this section for whom payment is made under~~	55965
~~division (D)(4) of this section, the amount of that payment;~~	55966

~~(4) An amount equal to the sum of the amounts obtained when,~~	55967
~~for each community school where the district's students are~~	55968
~~enrolled, the number of the district's students enrolled in that~~	55969
~~community school who are included in the district's poverty~~	55970
~~student count is multiplied by the per pupil amount of~~	55971
~~poverty-based assistance the school district receives that year~~	55972
~~pursuant to division (C) of section 3317.029 of the Revised Code,~~	55973
~~as adjusted by any poverty-based assistance reduction factor of~~	55974
~~that community school. The per pupil amount of that aid for the~~	55975
~~district shall be calculated by the department.~~	55976

~~(5) An amount equal to the sum of the amounts obtained when,~~	55977
~~for each community school where the district's students are~~	55978
~~enrolled, the district's per pupil amount of aid received under~~	55979
~~division (E) of section 3317.029 of the Revised Code, as adjusted~~	55980
~~by any poverty-based assistance reduction factor of the community~~	55981
~~school, is multiplied by the sum of the following:~~	55982

~~(a) The number of the district's students reported under~~	55983
~~division (B)(2)(a) of this section who are enrolled in grades one~~	55984
~~to three in that community school and who are not receiving~~	55985
~~special education and related services pursuant to an IEP;~~	55986

~~(b) One-half of the district's students who are enrolled in~~	55987
~~all-day or any other kindergarten class in that community school~~	55988
~~and who are not receiving special education and related services~~	55989
~~pursuant to an IEP;~~	55990

~~(c) One-half of the district's students who are enrolled in~~	55991
~~all-day kindergarten in that community school and who are not~~	55992
~~receiving special education and related services pursuant to an~~	55993
~~IEP.~~	55994

~~The district's per pupil amount of aid under division (E) of~~	55995
~~section 3317.029 of the Revised Code is the quotient of the amount~~	55996
~~the district received under that division divided by the~~	55997
~~district's kindergarten through third grade ADM, as defined in~~	55998
~~that section.~~	55999

~~(6) An amount equal to the sum of the amounts obtained when,~~	56000
~~for each community school where the district's students are~~	56001
~~enrolled, the district's per pupil amount received under division~~	56002
~~(F) of section 3317.029 of the Revised Code, as adjusted by any~~	56003
~~poverty-based assistance reduction factor of that community~~	56004
~~school, is multiplied by the number of the district's students~~	56005
~~enrolled in the community school who are identified as~~	56006
~~limited-English proficient.~~	56007

~~(7) An amount equal to the sum of the amounts obtained when,~~	56008
~~for each community school where the district's students are~~	56009
~~enrolled, the district's per pupil amount received under division~~	56010
~~(G) of section 3317.029 of the Revised Code, as adjusted by any~~	56011
~~poverty-based assistance reduction factor of that community~~	56012
~~school, is multiplied by the sum of the following:~~	56013

~~(a) The number of the district's students enrolled in grades~~	56014
~~one through twelve in that community school;~~	56015

~~(b) One-half of the number of the district's students~~	56016
~~enrolled in kindergarten in that community school.~~	56017

~~The district's per pupil amount under division (G) of section~~	56018
~~3317.029 of the Revised Code is the district's amount per teacher~~	56019
~~calculated under division (G)(1) or (2) of that section divided by~~	56020
~~17.~~	56021

~~(8) An amount equal to the sum of the amounts obtained when,~~	56022
~~for each community school where the district's students are~~	56023
~~enrolled, the district's per pupil amount received under divisions~~	56024
~~(H) and (I) of section 3317.029 of the Revised Code, as adjusted~~	56025
~~by any poverty-based assistance reduction factor of that community~~	56026
~~school, is multiplied by the sum of the following:~~	56027

~~(a) The number of the district's students enrolled in grades~~	56028
~~one through twelve in that community school;~~	56029

~~(b) One-half of the number of the district's students~~	56030
~~enrolled in kindergarten in that community school.~~	56031

~~The district's per pupil amount under divisions (H) and (I)~~	56032
~~of section 3317.029 of the Revised Code is the amount calculated~~	56033
~~under each division divided by the district's formula ADM, as~~	56034
~~defined in section 3317.02 of the Revised Code.~~	56035

~~(9) An amount equal to the per pupil state parity aid funding~~	56036
~~calculated for the school district under either division (C) or~~	56037
~~(D) of section 3317.0217 of the Revised Code multiplied by the sum~~	56038
~~of the number of students in grades one through twelve, and~~	56039
~~one-half of the number of students in kindergarten, who are~~	56040
~~entitled to attend school in the district and are enrolled in a~~	56041
~~community school as reported under division (B)(1) of this~~	56042
~~section.~~	56043

~~(D) The department shall annually pay to a community school~~	56044
~~established under this chapter the sum of the amounts described in~~	56045
~~divisions (D)(1) to (10) of this section. However, the department~~	56046
~~shall calculate and pay to each internet- or computer-based~~	56047
~~community school only the amounts described in divisions (D)(1) to~~	56048
~~(3) of this section. Furthermore, the sum of the payments to all~~	56049
~~community schools under divisions (D)(1), (2), and (4) to (10) of~~	56050
~~this section for the students entitled to attend school in any~~	56051
~~particular school district shall not exceed the sum of that~~	56052
~~district's state education aid and its payment under sections~~	56053
~~321.24 and 323.156 of the Revised Code. If the sum of the payments~~	56054
~~calculated under those divisions for the students entitled to~~	56055
~~attend school in a particular school district exceeds the sum of~~	56056
~~that district's state education aid and its payment under sections~~	56057
~~321.24 and 323.156 of the Revised Code, the department shall~~	56058
~~calculate and apply a proration factor to the payments to all~~	56059
~~community schools under those divisions for the students entitled~~	56060
~~to attend school in that district.~~	56061

~~(1) An amount equal to the sum of the amounts obtained when~~	56062
~~the number of students enrolled in grades one through twelve, plus~~	56063
~~one-half of the kindergarten students in the school, reported~~	56064
~~under divisions (B)(2)(a), (b), and (e) of this section who are~~	56065
~~not receiving special education and related services pursuant to~~	56066
~~an IEP for a disability described in section 3317.013 of the~~	56067
~~Revised Code is multiplied by the sum of the community school's~~	56068
~~base formula amount plus the per pupil amount of the base funding~~	56069
~~supplements specified in divisions (C)(1) to (4) of section~~	56070
~~3317.012 of the Revised Code.~~	56071

~~(2) The sum of the following amounts:~~

56072

~~(a) For each student reported under division (B)(2)(c) of~~	56073
~~this section as enrolled in the school in grades one through~~	56074
~~twelve and receiving special education and related services~~	56075
~~pursuant to an IEP for a disability described in section 3317.013~~	56076
~~of the Revised Code, the following amount:~~	56077

~~(the school's base formula amount plus~~	56078

~~the per pupil amount of the base funding supplements specified in~~	56079

~~divisions (C)(1) to (4) of section 3317.012 of the Revised Code)~~	56080

~~+ (the applicable special education weight X the~~	56081

~~community school's base formula amount);~~	56082

~~(b) For each student reported under division (B)(2)(c) of~~	56083
~~this section as enrolled in kindergarten and receiving special~~	56084
~~education and related services pursuant to an IEP for a disability~~	56085
~~described in section 3317.013 of the Revised Code, one-half of the~~	56086
~~amount calculated under the formula prescribed in division~~	56087
~~(D)(2)(a) of this section.~~	56088

~~(3) An amount received from federal funds to provide special~~	56089
~~education and related services to students in the community~~	56090
~~school, as determined by the superintendent of public instruction.~~	56091

~~(4) For each student reported under division (B)(2)(d) of~~	56092
~~this section as enrolled in vocational education programs or~~	56093
~~classes that are described in section 3317.014 of the Revised~~	56094
~~Code, are provided by the community school, and are comparable as~~	56095
~~determined by the superintendent of public instruction to school~~	56096
~~district vocational education programs and classes eligible for~~	56097
~~state weighted funding under section 3317.014 of the Revised Code,~~	56098
~~an amount equal to the applicable vocational education weight~~	56099
~~times the community school's base formula amount times the~~	56100
~~percentage of time the student spends in the vocational education~~	56101
~~programs or classes.~~	56102

~~(5) An amount equal to the sum of the amounts obtained when,~~	56103
~~for each school district where the community school's students are~~	56104
~~entitled to attend school, the number of that district's students~~	56105
~~enrolled in the community school who are included in the~~	56106
~~district's poverty student count is multiplied by the per pupil~~	56107
~~amount of poverty-based assistance that school district receives~~	56108
~~that year pursuant to division (C) of section 3317.029 of the~~	56109
~~Revised Code, as adjusted by any poverty-based assistance~~	56110
~~reduction factor of the community school. The per pupil amount of~~	56111
~~aid shall be determined as described in division (C)(4) of this~~	56112
~~section.~~	56113

~~(6) An amount equal to the sum of the amounts obtained when,~~	56114
~~for each school district where the community school's students are~~	56115
~~entitled to attend school, the district's per pupil amount of aid~~	56116
~~received under division (E) of section 3317.029 of the Revised~~	56117
~~Code, as adjusted by any poverty-based assistance reduction factor~~	56118
~~of the community school, is multiplied by the sum of the~~	56119
~~following:~~	56120

~~(a) The number of the district's students reported under~~	56121
~~division (B)(2)(a) of this section who are enrolled in grades one~~	56122
~~to three in that community school and who are not receiving~~	56123
~~special education and related services pursuant to an IEP;~~	56124

~~(b) One-half of the district's students who are enrolled in~~	56125
~~all-day or any other kindergarten class in that community school~~	56126
~~and who are not receiving special education and related services~~	56127
~~pursuant to an IEP;~~	56128

~~(c) One-half of the district's students who are enrolled in~~	56129
~~all-day kindergarten in that community school and who are not~~	56130
~~receiving special education and related services pursuant to an~~	56131
~~IEP.~~	56132

~~The district's per pupil amount of aid under division (E) of~~	56133
~~section 3317.029 of the Revised Code shall be determined as~~	56134
~~described in division (C)(5) of this section.~~	56135

~~(7) An amount equal to the sum of the amounts obtained when,~~	56136
~~for each school district where the community school's students are~~	56137
~~entitled to attend school, the number of that district's students~~	56138
~~enrolled in the community school who are identified as~~	56139
~~limited-English proficient is multiplied by the district's per~~	56140
~~pupil amount received under division (F) of section 3317.029 of~~	56141
~~the Revised Code, as adjusted by any poverty-based assistance~~	56142
~~reduction factor of the community school.~~	56143

~~(8) An amount equal to the sum of the amounts obtained when,~~	56144
~~for each school district where the community school's students are~~	56145
~~entitled to attend school, the district's per pupil amount~~	56146
~~received under division (G) of section 3317.029 of the Revised~~	56147
~~Code, as adjusted by any poverty-based assistance reduction factor~~	56148
~~of the community school, is multiplied by the sum of the~~	56149
~~following:~~	56150

~~(a) The number of the district's students enrolled in grades~~	56151
~~one through twelve in that community school;~~	56152

~~(b) One-half of the number of the district's students~~	56153
~~enrolled in kindergarten in that community school.~~	56154

~~The district's per pupil amount under division (G) of section~~	56155
~~3317.029 of the Revised Code shall be determined as described in~~	56156
~~division (C)(7) of this section.~~	56157

~~(9) An amount equal to the sum of the amounts obtained when,~~	56158
~~for each school district where the community school's students are~~	56159
~~entitled to attend school, the district's per pupil amount~~	56160
~~received under divisions (H) and (I) of section 3317.029 of the~~	56161
~~Revised Code, as adjusted by any poverty-based assistance~~	56162
~~reduction factor of the community school, is multiplied by the sum~~	56163
~~of the following:~~	56164

~~(a) The number of the district's students enrolled in grades~~	56165
~~one through twelve in that community school;~~	56166

~~(b) One-half of the number of the district's students~~	56167
~~enrolled in kindergarten in that community school.~~	56168

~~The district's per pupil amount under divisions (H) and (I)~~	56169
~~of section 3317.029 of the Revised Code shall be determined as~~	56170
~~described in division (C)(8) of this section.~~	56171

~~(10) An amount equal to the sum of the amounts obtained when,~~	56172
~~for each school district where the community school's students are~~	56173
~~entitled to attend school, the district's per pupil amount of~~	56174
~~state parity aid funding calculated under either division (C) or~~	56175
~~(D) of section 3317.0217 of the Revised Code is multiplied by the~~	56176
~~sum of the number of that district's students enrolled in grades~~	56177
~~one through twelve, and one-half of the number of that district's~~	56178
~~students enrolled in kindergarten, in the community school as~~	56179
~~reported under divisions (B)(2)(a) and (b) of this section.~~	56180

~~(E)(1) If a community school's costs for a fiscal year for a~~	56181
~~student receiving special education and related services pursuant~~	56182
~~to an IEP for a disability described in divisions (B) to (F) of~~	56183
~~section 3317.013 of the Revised Code exceed the threshold~~	56184
~~catastrophic cost for serving the student as specified in division~~	56185
~~(C)(3)(b) of section 3317.022 of the Revised Code, the school may~~	56186
~~submit to the superintendent of public instruction documentation,~~	56187
~~as prescribed by the superintendent, of all its costs for that~~	56188
~~student. Upon submission of documentation for a student of the~~	56189
~~type and in the manner prescribed, the department shall pay to the~~	56190
~~community school an amount equal to the school's costs for the~~	56191
~~student in excess of the threshold catastrophic costs.~~	56192

~~(2) The community school shall only report under division~~	56193
~~(E)(1) of this section, and the department shall only pay for, the~~	56194
~~costs of educational expenses and the related services provided to~~	56195
~~the student in accordance with the student's individualized~~	56196
~~education program. Any legal fees, court costs, or other costs~~	56197
~~associated with any cause of action relating to the student may~~	56198
~~not be included in the amount.~~	56199

~~(F) A community school may apply to the department of~~	56200
~~education for preschool children with disabilities unit funding~~	56201
~~the school would receive if it were a school district. Upon~~	56202
~~request of its governing authority, a community school that~~	56203
~~received such unit funding as a school district-operated school~~	56204
~~before it became a community school shall retain any units awarded~~	56205
~~to it as a school district-operated school provided the school~~	56206
~~continues to meet eligibility standards for the unit.~~	56207

~~A community school shall be considered a school district and~~	56208
~~its governing authority shall be considered a board of education~~	56209
~~for the purpose of applying to any state or federal agency for~~	56210
~~grants that a school district may receive under federal or state~~	56211
~~law or any appropriations act of the general assembly. The~~	56212
~~governing authority of a community school may apply to any private~~	56213
~~entity for additional funds.~~	56214

~~(G)~~(1) Except as provided in division (C)(2) of this section,	56215
and subject to divisions (C)(3), (4), (5), (6), and (7) of this	56216
section, on a full-time equivalency basis, for each student	56217
enrolled in a community school established under this chapter, the	56218
department of education annually shall deduct from the state	56219
education aid of a student's resident district and, if necessary,	56220
from the payment made to the district under sections 321.24 and	56221
323.156 of the Revised Code and pay to the community school the	56222
sum of the following:	56223

(a) An opportunity grant in an amount equal to the formula	56224
amount;	56225

(b) The per pupil amount of targeted assistance funds	56226
calculated under division (A) of section 3317.0217 of the Revised	56227
Code for the student's resident district, as determined by the	56228
department, X 0.25;	56229

(c) Additional state aid for special education and related	56230
services provided under Chapter 3323. of the Revised Code as	56231
follows:	56232

(i) If the student is a category one special education	56233
student, the amount specified in division (A) of section 3317.013	56234
of the Revised Code;	56235

(ii) If the student is a category two special education	56236
student, the amount specified in division (B) of section 3317.013	56237
of the Revised Code;	56238

(iii) If the student is a category three special education	56239
student, the amount specified in division (C) of section 3317.013	56240
of the Revised Code;	56241

(iv) If the student is a category four special education	56242
student, the amount specified in division (D) of section 3317.013	56243
of the Revised Code;	56244

(v) If the student is a category five special education	56245
student, the amount specified in division (E) of section 3317.013	56246
of the Revised Code;	56247

(vi) If the student is a category six special education	56248
student, the amount specified in division (F) of section 3317.013	56249
of the Revised Code.	56250

(d) If the student is in kindergarten through third grade, an	56251
additional amount of $211, in fiscal year 2014, and $290, in	56252
fiscal year 2015;	56253

(e) If the student is economically disadvantaged, an	56254
additional amount equal to the following:	56255

($269, in fiscal year 2014, or $272, in fiscal year 2015) X	56256
(the resident district's economically disadvantaged index)	56257

(f) Limited English proficiency funds as follows:

56258

(i) If the student is a category one limited English	56259
proficient student, the amount specified in division (A) of	56260
section 3317.016 of the Revised Code;	56261

(ii) If the student is a category two limited English	56262
proficient student, the amount specified in division (B) of	56263
section 3317.016 of the Revised Code;	56264

(iii) If the student is a category three limited English	56265
proficient student, the amount specified in division (C) of	56266
section 3317.016 of the Revised Code.	56267

(g) Career-technical education funds as follows:

56268

(i) If the student is a category one career-technical	56269
education student, the amount specified in division (A) of section	56270
3317.014 of the Revised Code;	56271

(ii) If the student is a category two career-technical	56272
education student, the amount specified in division (B) of section	56273
3317.014 of the Revised Code;	56274

(iii) If the student is a category three career-technical	56275
education student, the amount specified in division (C) of section	56276
3317.014 of the Revised Code;	56277

(iv) If the student is a category four career-technical	56278
education student, the amount specified in division (D) of section	56279
3317.014 of the Revised Code;	56280

(v) If the student is a category five career-technical	56281
education student, the amount specified in division (E) of section	56282
3317.014 of the Revised Code.	56283

Deduction and payment of funds under division (C)(1)(g) of	56284
this section is subject to approval by the lead district of a	56285
career-technical planning district or the department of education	56286
under section 3317.161 of the Revised Code.	56287

(2) When deducting from the state education aid of a	56288
student's resident district for students enrolled in an internet-	56289
or computer-based community school and making payments to such	56290
school under this section, the department shall make the	56291
deductions and payments described in only divisions (C)(1)(a),	56292
(c), and (g) of this section.	56293

No deductions or payments shall be made for a student	56294
enrolled in such school under division (C)(1)(b), (d), (e), or (f)	56295
of this section.	56296

(3)(a) If a community school's costs for a fiscal year for a	56297
student receiving special education and related services pursuant	56298
to an IEP for a disability described in divisions (B) to (F) of	56299
section 3317.013 of the Revised Code exceed the threshold	56300
catastrophic cost for serving the student as specified in division	56301
(B) of section 3317.0214 of the Revised Code, the school may	56302
submit to the superintendent of public instruction documentation,	56303
as prescribed by the superintendent, of all its costs for that	56304
student. Upon submission of documentation for a student of the	56305
type and in the manner prescribed, the department shall pay to the	56306
community school an amount equal to the school's costs for the	56307
student in excess of the threshold catastrophic costs.	56308

(b) The community school shall report under division	56309
(C)(3)(a) of this section, and the department shall pay for, only	56310
the costs of educational expenses and the related services	56311
provided to the student in accordance with the student's	56312
individualized education program. Any legal fees, court costs, or	56313
other costs associated with any cause of action relating to the	56314
student may not be included in the amount.	56315

(4) In any fiscal year, a community school receiving funds	56316
under division (C)(1)(g) of this section shall spend those funds	56317
only for the purposes that the department designates as approved	56318
for career-technical education expenses. Career-technical	56319
educational expenses approved by the department shall include only	56320
expenses connected to the delivery of career-technical programming	56321
to career-technical students. The department shall require the	56322
school to report data annually so that the department may monitor	56323
the school's compliance with the requirements regarding the manner	56324
in which funding received under division (C)(1)(g) of this section	56325
may be spent.	56326

(5) All funds received under division (C)(1)(g) of this	56327
section shall be spent in the following manner:	56328

(a) At least seventy-five per cent of the funds shall be	56329
spent on curriculum development, purchase, and implementation;	56330
instructional resources and supplies; industry-based program	56331
certification; student assessment, credentialing, and placement;	56332
curriculum specific equipment purchases and leases;	56333
career-technical student organization fees and expenses; home and	56334
agency linkages; work-based learning experiences; professional	56335
development; and other costs directly associated with	56336
career-technical education programs including development of new	56337
programs.	56338

(b) Not more than twenty-five per cent of the funds shall be	56339
used for personnel expenditures.	56340

(6) A community school shall spend the funds it receives	56341
under division (C)(1)(e) of this section in accordance with	56342
section 3317.25 of the Revised Code.	56343

(7) If the sum of the payments computed under division (C)(1)	56344
of this section for the students entitled to attend school in a	56345
particular school district under sections 3313.64 and 3313.65 of	56346
the Revised Code exceeds the sum of that district's state	56347
education aid and its payment under sections 321.24 and 323.156 of	56348
the Revised Code, the department shall calculate and apply a	56349
proration factor to the payments to all community schools under	56350
that division for the students entitled to attend school in that	56351
district.	56352

(D) A board of education sponsoring a community school may	56353
utilize local funds to make enhancement grants to the school or	56354
may agree, either as part of the contract or separately, to	56355
provide any specific services to the community school at no cost	56356
to the school.	56357

~~(H)~~(E) A community school may not levy taxes or issue bonds	56358
secured by tax revenues.	56359

~~(I)~~(F) No community school shall charge tuition for the	56360
enrollment of any student who is a resident of this state. A	56361
community school may charge tuition for the enrollment of any	56362
student who is not a resident of this state.	56363

~~(J)~~(G)(1)(a) A community school may borrow money to pay any	56364
necessary and actual expenses of the school in anticipation of the	56365
receipt of any portion of the payments to be received by the	56366
school pursuant to division ~~(D)~~(C) of this section. The school may	56367
issue notes to evidence such borrowing. The proceeds of the notes	56368
shall be used only for the purposes for which the anticipated	56369
receipts may be lawfully expended by the school.	56370

(b) A school may also borrow money for a term not to exceed	56371
fifteen years for the purpose of acquiring facilities.	56372

(2) Except for any amount guaranteed under section 3318.50 of	56373
the Revised Code, the state is not liable for debt incurred by the	56374
governing authority of a community school.	56375

~~(K) For purposes of determining the number of students for~~	56376
~~which divisions (D)(5) and (6) of this section applies in any~~	56377
~~school year, a community school may submit to the department of~~	56378
~~job and family services, no later than the first day of March, a~~	56379
~~list of the students enrolled in the school. For each student on~~	56380
~~the list, the community school shall indicate the student's name,~~	56381
~~address, and date of birth and the school district where the~~	56382
~~student is entitled to attend school. Upon receipt of a list under~~	56383
~~this division, the department of job and family services shall~~	56384
~~determine, for each school district where one or more students on~~	56385
~~the list is entitled to attend school, the number of students~~	56386
~~residing in that school district who were included in the~~	56387
~~department's report under section 3317.10 of the Revised Code. The~~	56388
~~department shall make this determination on the basis of~~	56389
~~information readily available to it. Upon making this~~	56390
~~determination and no later than ninety days after submission of~~	56391
~~the list by the community school, the department shall report to~~	56392
~~the state department of education the number of students on the~~	56393
~~list who reside in each school district who were included in the~~	56394
~~department's report under section 3317.10 of the Revised Code. In~~	56395
~~complying with this division, the department of job and family~~	56396
~~services shall not report to the state department of education any~~	56397
~~personally identifiable information on any student.~~	56398

~~(L)~~(H) The department of education shall adjust the amounts	56399
subtracted and paid under ~~divisions~~division (C) ~~and (D)~~ of this	56400
section to reflect any enrollment of students in community schools	56401
for less than the equivalent of a full school year. The state	56402
board of education within ninety days after April 8, 2003, shall	56403
adopt in accordance with Chapter 119. of the Revised Code rules	56404
governing the payments to community schools under this section ~~and~~	56405
~~section 3314.13 of the Revised Code~~ including initial payments in	56406
a school year and adjustments and reductions made in subsequent	56407
periodic payments to community schools and corresponding	56408
deductions from school district accounts as provided under	56409
~~divisions~~division (C) ~~and (D)~~ of this section ~~and section 3314.13~~	56410
~~of the Revised Code~~. For purposes of this section ~~and section~~	56411
~~3314.13 of the Revised Code~~:	56412

(1) A student shall be considered enrolled in the community	56413
school for any portion of the school year the student is	56414
participating at a college under Chapter 3365. of the Revised	56415
Code.	56416

(2) A student shall be considered to be enrolled in a	56417
community school for the period of time beginning on the later of	56418
the date on which the school both has received documentation of	56419
the student's enrollment from a parent and the student has	56420
commenced participation in learning opportunities as defined in	56421
the contract with the sponsor, or thirty days prior to the date on	56422
which the student is entered into the education management	56423
information system established under section 3301.0714 of the	56424
Revised Code. For purposes of applying this division and divisions	56425
~~(L)~~(H)(3) and (4) of this section to a community school student,	56426
"learning opportunities" shall be defined in the contract, which	56427
shall describe both classroom-based and non-classroom-based	56428
learning opportunities and shall be in compliance with criteria	56429
and documentation requirements for student participation which	56430
shall be established by the department. Any student's instruction	56431
time in non-classroom-based learning opportunities shall be	56432
certified by an employee of the community school. A student's	56433
enrollment shall be considered to cease on the date on which any	56434
of the following occur:	56435

(a) The community school receives documentation from a parent	56436
terminating enrollment of the student.	56437

(b) The community school is provided documentation of a	56438
student's enrollment in another public or private school.	56439

(c) The community school ceases to offer learning	56440
opportunities to the student pursuant to the terms of the contract	56441
with the sponsor or the operation of any provision of this	56442
chapter.	56443

Except as otherwise specified in this paragraph, beginning in	56444
the 2011-2012 school year, any student who completed the prior	56445
school year in an internet- or computer-based community school	56446
shall be considered to be enrolled in the same school in the	56447
subsequent school year until the student's enrollment has ceased	56448
as specified in division ~~(L)~~(H)(2) of this section. The department	56449
shall continue subtracting and paying amounts for the student	56450
under ~~divisions~~division (C) ~~and (D)~~ of this section without	56451
interruption at the start of the subsequent school year. However,	56452
if the student without a legitimate excuse fails to participate in	56453
the first one hundred five consecutive hours of learning	56454
opportunities offered to the student in that subsequent school	56455
year, the student shall be considered not to have re-enrolled in	56456
the school for that school year and the department shall	56457
recalculate the payments to the school for that school year to	56458
account for the fact that the student is not enrolled.	56459

(3) The department shall determine each community school	56460
student's percentage of full-time equivalency based on the	56461
percentage of learning opportunities offered by the community	56462
school to that student, reported either as number of hours or	56463
number of days, is of the total learning opportunities offered by	56464
the community school to a student who attends for the school's	56465
entire school year. However, no internet- or computer-based	56466
community school shall be credited for any time a student spends	56467
participating in learning opportunities beyond ten hours within	56468
any period of twenty-four consecutive hours. Whether it reports	56469
hours or days of learning opportunities, each community school	56470
shall offer not less than nine hundred twenty hours of learning	56471
opportunities during the school year.	56472

(4) With respect to the calculation of full-time equivalency	56473
under division ~~(L)~~(H)(3) of this section, the department shall	56474
waive the number of hours or days of learning opportunities not	56475
offered to a student because the community school was closed	56476
during the school year due to disease epidemic, hazardous weather	56477
conditions, law enforcement emergencies, inoperability of school	56478
buses or other equipment necessary to the school's operation,	56479
damage to a school building, or other temporary circumstances due	56480
to utility failure rendering the school building unfit for school	56481
use, so long as the school was actually open for instruction with	56482
students in attendance during that school year for not less than	56483
the minimum number of hours required by this chapter. The	56484
department shall treat the school as if it were open for	56485
instruction with students in attendance during the hours or days	56486
waived under this division.	56487

~~(M)~~(I) The department of education shall reduce the amounts	56488
paid under ~~division (D) of~~ this section to reflect payments made	56489
to colleges under division (B) of section 3365.07 of the Revised	56490
Code or through alternative funding agreements entered into under	56491
rules adopted under section 3365.12 of the Revised Code.	56492

~~(N)~~(J)(1) No student shall be considered enrolled in any	56493
internet- or computer-based community school or, if applicable to	56494
the student, in any community school that is required to provide	56495
the student with a computer pursuant to division (C) of section	56496
3314.22 of the Revised Code, unless both of the following	56497
conditions are satisfied:	56498

(a) The student possesses or has been provided with all	56499
required hardware and software materials and all such materials	56500
are operational so that the student is capable of fully	56501
participating in the learning opportunities specified in the	56502
contract between the school and the school's sponsor as required	56503
by division (A)(23) of section 3314.03 of the Revised Code;	56504

(b) The school is in compliance with division (A) of section	56505
3314.22 of the Revised Code, relative to such student.	56506

(2) In accordance with policies adopted jointly by the	56507
superintendent of public instruction and the auditor of state, the	56508
department shall reduce the amounts otherwise payable under	56509
division ~~(D)~~(C) of this section to any community school that	56510
includes in its program the provision of computer hardware and	56511
software materials to any student, if such hardware and software	56512
materials have not been delivered, installed, and activated for	56513
each such student in a timely manner or other educational	56514
materials or services have not been provided according to the	56515
contract between the individual community school and its sponsor.	56516

The superintendent of public instruction and the auditor of	56517
state shall jointly establish a method for auditing any community	56518
school to which this division pertains to ensure compliance with	56519
this section.	56520

The superintendent, auditor of state, and the governor shall	56521
jointly make recommendations to the general assembly for	56522
legislative changes that may be required to assure fiscal and	56523
academic accountability for such schools.	56524

~~(O)~~(K)(1) If the department determines that a review of a	56525
community school's enrollment is necessary, such review shall be	56526
completed and written notice of the findings shall be provided to	56527
the governing authority of the community school and its sponsor	56528
within ninety days of the end of the community school's fiscal	56529
year, unless extended for a period not to exceed thirty additional	56530
days for one of the following reasons:	56531

(a) The department and the community school mutually agree to	56532
the extension.	56533

(b) Delays in data submission caused by either a community	56534
school or its sponsor.	56535

(2) If the review results in a finding that additional	56536
funding is owed to the school, such payment shall be made within	56537
thirty days of the written notice. If the review results in a	56538
finding that the community school owes moneys to the state, the	56539
following procedure shall apply:	56540

(a) Within ten business days of the receipt of the notice of	56541
findings, the community school may appeal the department's	56542
determination to the state board of education or its designee.	56543

(b) The board or its designee shall conduct an informal	56544
hearing on the matter within thirty days of receipt of such an	56545
appeal and shall issue a decision within fifteen days of the	56546
conclusion of the hearing.	56547

(c) If the board has enlisted a designee to conduct the	56548
hearing, the designee shall certify its decision to the board. The	56549
board may accept the decision of the designee or may reject the	56550
decision of the designee and issue its own decision on the matter.	56551

(d) Any decision made by the board under this division is	56552
final.	56553

(3) If it is decided that the community school owes moneys to	56554
the state, the department shall deduct such amount from the	56555
school's future payments in accordance with guidelines issued by	56556
the superintendent of public instruction.	56557

~~(P)~~(L) The department shall not subtract from a school	56558
district's state aid account ~~under division (C) of this section~~	56559
and shall not pay to a community school under division ~~(D)~~(C) of	56560
this section any amount for any of the following:	56561

(1) Any student who has graduated from the twelfth grade of a	56562
public or nonpublic high school;	56563

(2) Any student who is not a resident of the state;

56564

(3) Any student who was enrolled in the community school	56565
during the previous school year when assessments were administered	56566
under section 3301.0711 of the Revised Code but did not take one	56567
or more of the assessments required by that section and was not	56568
excused pursuant to division (C)(1) or (3) of that section, unless	56569
the superintendent of public instruction grants the student a	56570
waiver from the requirement to take the assessment and a parent is	56571
not paying tuition for the student pursuant to section 3314.26 of	56572
the Revised Code. The superintendent may grant a waiver only for	56573
good cause in accordance with rules adopted by the state board of	56574
education.	56575

(4) Any student who has attained the age of twenty-two years,	56576
except for veterans of the armed services whose attendance was	56577
interrupted before completing the recognized twelve-year course of	56578
the public schools by reason of induction or enlistment in the	56579
armed forces and who apply for enrollment in a community school	56580
not later than four years after termination of war or their	56581
honorable discharge. If, however, any such veteran elects to	56582
enroll in special courses organized for veterans for whom tuition	56583
is paid under federal law, or otherwise, the department shall not	56584
subtract from a school district's state aid account ~~under division~~	56585
~~(C) of this section~~ and shall not pay to a community school under	56586
division ~~(D)~~(C) of this section any amount for that veteran.	56587

Sec. 3314.082. A community school shall be considered a	56588
school district and its governing authority shall be considered a	56589
board of education for the purpose of applying to any state or	56590
federal agency for grants that a school district may receive under	56591
federal or state law or any appropriations act of the general	56592
assembly. The governing authority of a community school may apply	56593
to any private entity for additional funds.	56594

Sec. 3314.083. If the department of education pays a joint	56595
vocational school district under division ~~(G)(4)~~(C)(3) of section	56596
3317.16 of the Revised Code for excess costs of providing special	56597
education and related services to a student with a disability who	56598
is enrolled in a community school, as calculated under division	56599
~~(G)(2)~~(C)(1) of that section, the department shall deduct the	56600
amount of that payment from the amount calculated for payment to	56601
the community school under section 3314.08 of the Revised Code.	56602

Sec. 3314.084. (A) As used in this section:

56603

(1) "Formula ADM" has the same meaning as in section 3317.03	56604
of the Revised Code.	56605

(2) "Home" has the same meaning as in section 3313.64 of the	56606
Revised Code.	56607

(3) "School district of residence" has the same meaning as in	56608
section 3323.01 of the Revised Code; however, a community school	56609
established under this chapter is not a "school district of	56610
residence" for purposes of this section.	56611

(B) Notwithstanding anything to the contrary in section	56612
3314.08 or 3317.03 of the Revised Code, all of the following apply	56613
in the case of a child who is enrolled in a community school and	56614
is also living in a home:	56615

(1) For purposes of the report required under division (B)(1)	56616
of section 3314.08 of the Revised Code, the child's school	56617
district of residence, and not the school district in which the	56618
home that the child is living in is located, shall be considered	56619
to be the school district in which the child is entitled to attend	56620
school. That school district of residence, therefore, shall make	56621
the report required under division (B)(1) of section 3314.08 of	56622
the Revised Code with respect to the child.	56623

(2) For purposes of the report required under division (B)(2)	56624
of section 3314.08 of the Revised Code, the community school shall	56625
report the name of the child's school district of residence.	56626

(3) The child's school district of residence shall count the	56627
child in that district's formula ADM.	56628

(4) The school district in which the home that the child is	56629
living in is located shall not count the child in that district's	56630
formula ADM.	56631

(5) The ~~Department~~department of ~~Education~~education shall	56632
deduct the applicable amounts prescribed under division (C) of	56633
section 3314.08 ~~and division (D) of section 3314.13~~ of the Revised	56634
Code from the child's school district of residence and shall not	56635
deduct those amounts from the school district in which the home	56636
that the child is living in is located.	56637

(6) The ~~Department~~department shall make the payments	56638
prescribed in ~~divisions (D) and (E)~~division (C) of section	56639
3314.08 ~~and section 3314.13~~ of the Revised Code, as applicable, to	56640
the community school.	56641

Sec. 3314.086. A community school established under this	56642
chapter, including an internet- or computer-based community	56643
school, may provide career-technical education in the manner	56644
prescribed by section 3313.90 of the Revised Code. The community	56645
school may contract with any public agency, board, or bureau or	56646
with any private individual or firm for the purchase of any	56647
career-technical education or vocational rehabilitation service	56648
for any student enrolled in the community school and may pay for	56649
such services with funds received under section 3314.08 of the	56650
Revised Code.	56651

Sec. 3314.087. (A) As used in this section:

56652

(1) "Career-technical program" means ~~vocational~~	56653
career-technical programs or classes described in division (A) or,	56654
(B), (C), (D), or (E) of section 3317.014 of the Revised Code in	56655
which a student is enrolled.	56656

(2) "Formula ADM," "category one ~~or two vocational~~through	56657
five career-technical education ADM," and "FTE basis" have the	56658
same meanings as in section 3317.02 of the Revised Code.	56659

(3) "Resident school district" means the city, exempted	56660
village, or local school district in which a student is entitled	56661
to attend school under section 3313.64 or 3313.65 of the Revised	56662
Code.	56663

(B) Notwithstanding anything to the contrary in this chapter	56664
or Chapter 3317. of the Revised Code, a student enrolled in a	56665
community school may simultaneously enroll in the career-technical	56666
program operated by the ~~student's resident school district~~	56667
career-technical planning district to which the student's resident	56668
district belongs. On an FTE basis, the student's resident school	56669
district shall count the student in the category one ~~or two~~	56670
~~vocational~~through five career-technical education ADM for the	56671
proportion of the time the student is enrolled in ~~the district's~~a	56672
career-technical program of the career-technical planning district	56673
to which the student's resident district belongs and, accordingly,	56674
the department of education shall calculate funds under Chapter	56675
3317. for the resident district attributable to the student for	56676
the proportion of time the student attends the career-technical	56677
program. The community school shall count the student in its	56678
enrollment report under section 3314.08 of the Revised Code and	56679
shall report to the department the proportion of time that the	56680
student attends classes at the community school. The department	56681
shall pay the community school and deduct from the student's	56682
resident school district the amount computed for the student under	56683
section 3314.08 of the Revised Code in proportion to the fraction	56684
of the time on an FTE basis that the student attends classes at	56685
the community school. "Full-time equivalency" for a community	56686
school student, as defined in division ~~(L)~~(H) of section 3314.08	56687
of the Revised Code, does not apply to the student.	56688

Sec. 3314.091. (A) A school district is not required to	56689
provide transportation for any native student enrolled in a	56690
community school if the district board of education has entered	56691
into an agreement with the community school's governing authority	56692
that designates the community school as responsible for providing	56693
or arranging for the transportation of the district's native	56694
students to and from the community school. For any such agreement	56695
to be effective, it must be certified by the superintendent of	56696
public instruction as having met all of the following	56697
requirements:	56698

(1) It is submitted to the department of education by a	56699
deadline which shall be established by the department.	56700

(2) In accordance with divisions (C)(1) and (2) of this	56701
section, it specifies qualifications, such as residing a minimum	56702
distance from the school, for students to have their	56703
transportation provided or arranged.	56704

(3) The transportation provided by the community school is	56705
subject to all provisions of the Revised Code and all rules	56706
adopted under the Revised Code pertaining to pupil transportation.	56707

(4) The sponsor of the community school also has signed the	56708
agreement.	56709

(B)(1) For the school year that begins on July 1, 2007, a	56710
school district is not required to provide transportation for any	56711
native student enrolled in a community school, if the community	56712
school during the previous school year transported the students	56713
enrolled in the school or arranged for the students'	56714
transportation, even if that arrangement consisted of having	56715
parents transport their children to and from the school, but did	56716
not enter into an agreement to transport or arrange for	56717
transportation for those students under division (A) of this	56718
section, and if the governing authority of the community school by	56719
July 15, 2007, submits written notification to the district board	56720
of education stating that the governing authority is accepting	56721
responsibility for providing or arranging for the transportation	56722
of the district's native students to and from the community	56723
school.	56724

(2) ~~For~~Except as provided in division (B)(4) of this	56725
section, for any school year subsequent to the school year that	56726
begins on July 1, 2007, a school district is not required to	56727
provide transportation for any native student enrolled in a	56728
community school if the governing authority of the community	56729
school, by the thirty-first day of January of the previous school	56730
year, submits written notification to the district board of	56731
education stating that the governing authority is accepting	56732
responsibility for providing or arranging for the transportation	56733
of the district's native students to and from the community	56734
school. If the governing authority of the community school has	56735
previously accepted responsibility for providing or arranging for	56736
the transportation of a district's native students to and from the	56737
community school, under division (B)(1) or (2) of this section,	56738
and has since relinquished that responsibility under division	56739
(B)(3) of this section, the governing authority shall not accept	56740
that responsibility again unless the district board consents to	56741
the governing authority's acceptance of that responsibility.	56742

(3) A governing authority's acceptance of responsibility	56743
under division (B)(1) or (2) of this section shall cover an entire	56744
school year, and shall remain in effect for subsequent school	56745
years unless the governing authority submits written notification	56746
to the district board that the governing authority is	56747
relinquishing the responsibility. However, a governing authority	56748
shall not relinquish responsibility for transportation before the	56749
end of a school year, and shall submit the notice relinquishing	56750
responsibility by the thirty-first day of January, in order to	56751
allow the school district reasonable time to prepare	56752
transportation for its native students enrolled in the school.	56753

(4)(a) For any school year that begins on or after July 1,	56754
2014, a school district is not required to provide transportation	56755
for any native student enrolled in a community school scheduled to	56756
open for operation in the current school year, if the governing	56757
authority of the community school, by the fifteenth day of April	56758
of the previous school year, submits written notification to the	56759
district board of education stating that the governing authority	56760
is accepting responsibility for providing or arranging for the	56761
transportation of the district's native students to and from the	56762
community school.	56763

(b) The governing authority of a community school that	56764
accepts responsibility for transporting its students under	56765
division (4)(a) of this section shall comply with divisions (B)(2)	56766
and (3) of this section to renew or relinquish that authority for	56767
subsequent school years.	56768

(C)(1) A community school governing authority that enters	56769
into an agreement under division (A) of this section, or that	56770
accepts responsibility under division (B) of this section, shall	56771
provide or arrange transportation free of any charge for each of	56772
its enrolled students who is required to be transported under	56773
section 3327.01 of the Revised Code or who would otherwise be	56774
transported by the school district under the district's	56775
transportation policy. The governing authority shall report to the	56776
department of education the number of students transported or for	56777
whom transportation is arranged under this section in accordance	56778
with rules adopted by the state board of education.	56779

(2) The governing authority may provide or arrange	56780
transportation for any other enrolled student who is not eligible	56781
for transportation in accordance with division (C)(1) of this	56782
section and may charge a fee for such service up to the actual	56783
cost of the service.	56784

(3) Notwithstanding anything to the contrary in division	56785
(C)(1) or (2) of this section, a community school governing	56786
authority shall provide or arrange transportation free of any	56787
charge for any disabled student enrolled in the school for whom	56788
the student's individualized education program developed under	56789
Chapter 3323. of the Revised Code specifies transportation.	56790

(D)(1) If a school district board and a community school	56791
governing authority elect to enter into an agreement under	56792
division (A) of this section, the department of education shall	56793
make payments to the community school according to the terms of	56794
the agreement for each student actually transported under division	56795
(C)(1) of this section.	56796

If a community school governing authority accepts	56797
transportation responsibility under division (B) of this section,	56798
the department shall make payments to the community school for	56799
each student actually transported or for whom transportation is	56800
arranged by the community school under division (C)(1) of this	56801
section, calculated as follows:	56802

(a) For any fiscal year which the general assembly has	56803
specified that transportation payments to school districts be	56804
based on an across-the-board percentage of the district's payment	56805
for the previous school year, the per pupil payment to the	56806
community school shall be the following quotient:	56807

(i) The total amount calculated for the school district in	56808
which the child is entitled to attend school for student	56809
transportation other than transportation of children with	56810
disabilities; divided by	56811

(ii) The number of students included in the district's	56812
transportation ADM for the current fiscal year, as reported under	56813
division (B)~~(13)~~(19) of section 3317.03 of the Revised Code, plus	56814
the number of students enrolled in the community school not	56815
counted in the district's transportation ADM who are transported	56816
under division (B)(1) or (2) of this section.	56817

(b) For any fiscal year which the general assembly has	56818
specified that the transportation payments to school districts be	56819
calculated in accordance with section 3317.0212 of the Revised	56820
Code and any rules of the state board of education implementing	56821
that section, the payment to the community school shall be the	56822
amount so calculated that otherwise would be paid to the school	56823
district in which the student is entitled to attend school by the	56824
method of transportation the district would have used. The	56825
community school, however, is not required to use the same method	56826
to transport that student.	56827

(c) Divisions (D)(1)(a) and (b) of this section do not apply	56828
to fiscal years 2012 and 2013. Rather, for each of those fiscal	56829
years, the per pupil payment to a community school for	56830
transporting a student shall be the total amount paid under former	56831
section 3306.12 of the Revised Code for fiscal year 2011 to the	56832
school district in which the child is entitled to attend school	56833
divided by that district's "qualifying ridership," as defined in	56834
that section for fiscal year 2011.	56835

As used in this division "entitled to attend school" means	56836
entitled to attend school under section 3313.64 or 3313.65 of the	56837
Revised Code.	56838

(2) The department shall deduct the payment under division	56839
(D)(1) of this section from the state education aid, as defined in	56840
section 3314.08 of the Revised Code, and, if necessary, the	56841
payment under sections 321.14 and 323.156 of the Revised Code,	56842
that is otherwise paid to the school district in which the student	56843
enrolled in the community school is entitled to attend school. The	56844
department shall include the number of the district's native	56845
students for whom payment is made to a community school under	56846
division (D)(1) of this section in the calculation of the	56847
district's transportation payment under section 3317.0212 of the	56848
Revised Code and the operating appropriations act.	56849

(3) A community school shall be paid under division (D)(1) of	56850
this section only for students who are eligible as specified in	56851
section 3327.01 of the Revised Code and division (C)(1) of this	56852
section, and whose transportation to and from school is actually	56853
provided, who actually utilized transportation arranged, or for	56854
whom a payment in lieu of transportation is made by the community	56855
school's governing authority. To qualify for the payments, the	56856
community school shall report to the department, in the form and	56857
manner required by the department, data on the number of students	56858
transported or whose transportation is arranged, the number of	56859
miles traveled, cost to transport, and any other information	56860
requested by the department.	56861

(4) A community school shall use payments received under this	56862
section solely to pay the costs of providing or arranging for the	56863
transportation of students who are eligible as specified in	56864
section 3327.01 of the Revised Code and division (C)(1) of this	56865
section, which may include payments to a parent, guardian, or	56866
other person in charge of a child in lieu of transportation.	56867

(E) Except when arranged through payment to a parent,	56868
guardian, or person in charge of a child, transportation provided	56869
or arranged for by a community school pursuant to an agreement	56870
under this section is subject to all provisions of the Revised	56871
Code, and all rules adopted under the Revised Code, pertaining to	56872
the construction, design, equipment, and operation of school buses	56873
and other vehicles transporting students to and from school. The	56874
drivers and mechanics of the vehicles are subject to all	56875
provisions of the Revised Code, and all rules adopted under the	56876
Revised Code, pertaining to drivers and mechanics of such	56877
vehicles. The community school also shall comply with sections	56878
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	56879
of section 3327.16 of the Revised Code and, subject to division	56880
(C)(1) of this section, sections 3327.01 and 3327.02 of the	56881
Revised Code, as if it were a school district.	56882

Sec. 3314.092. The governing authority or operator of a	56883
community school established under this chapter shall consult with	56884
each school district board of education that transports students	56885
to the community school under sections 3314.09 and 3327.01 of the	56886
Revised Code prior to making any change in the hours or days in	56887
which the community school is open for instruction.	56888

Sec. 3314.11. (A) The board of education of each city,	56889
exempted village, and local school district monthly shall review	56890
enrollment for students enrolled in community schools established	56891
under this chapter and entitled to attend school in the district	56892
under section 3313.64 or 3313.65 of the Revised Code. For each	56893
student, the district shall verify to the department of education	56894
both of the following:	56895

(1) The community school in which the student is enrolled;

56896

(2) That the student is entitled to attend school in the	56897
district under section 3313.64 or 3313.65 of the Revised Code.	56898

(B) For purposes of its initial reporting of the school	56899
districts its students are entitled to attend, the governing	56900
authority of a community school may adopt a policy that prescribes	56901
the number of documents listed in division (E) of this section	56902
required to verify a student's residency. This policy, if adopted,	56903
shall supersede any policy concerning the number of documents for	56904
initial residency verification adopted by the district the student	56905
is entitled to attend. If a community school does not adopt a	56906
policy under this division, the policy of the school district in	56907
which the student is entitled to attend shall prevail.	56908

(C) In making the determinations under this section, the	56909
school district in which a parent or child resides is the location	56910
the parent or student has established as the primary residence and	56911
where substantial family activity takes place.	56912

(D) If a district's determination under division (A) of this	56913
section of the school district a student is entitled to attend	56914
under section 3313.64 or 3313.65 of the Revised Code differs from	56915
a community school's determination under division (B) of this	56916
section, the community school shall provide the school district	56917
that made the determination under division (A) of this section	56918
with documentation of the student's residency and shall make a	56919
good faith effort to accurately identify the correct residence of	56920
the student.	56921

(E) For purposes of this section, the following documents may	56922
serve as evidence of primary residence:	56923

(1) A deed, mortgage, lease, current home owner's or renter's	56924
insurance declaration page, or current real property tax bill;	56925

(2) A utility bill or receipt of utility installation issued	56926
within ninety days of enrollment;	56927

(3) A paycheck or paystub issued to the parent or student	56928
within ninety days of the date of enrollment that includes the	56929
address of the parent's or student's primary residence;	56930

(4) The most current available bank statement issued to the	56931
parent or student that includes the address of the parent's or	56932
student's primary residence;	56933

(5) Any other official document issued to the parent or	56934
student that includes the address of the parent's or student's	56935
primary residence. The superintendent of public instruction shall	56936
develop guidelines for determining what qualifies as an "official	56937
document" under this division.	56938

(F) When a student loses permanent housing and becomes a	56939
homeless child or youth, as defined in 42 U.S.C. 11434a, or when a	56940
child who is such a homeless child or youth changes temporary	56941
living arrangements, the district in which the student is entitled	56942
to attend school shall be determined in accordance with division	56943
(F)(13) of section 3313.64 of the Revised Code and the	56944
"McKinney-Vento Homeless Assistance Act," 42 U.S.C. 11431 et seq.	56945

(G) In the event of a disagreement as to which school	56946
district a student is entitled to attend, the community school,	56947
after complying with division (D) of this section, but not more	56948
than sixty days after the monthly deadline established by the	56949
department of education for reporting of community school	56950
enrollment, may present the matter to the superintendent of public	56951
instruction. Not later than thirty days after the community school	56952
presents the matter, the state superintendent, or the state	56953
superintendent's designee, shall determine which district the	56954
student is entitled to attend and shall direct any necessary	56955
adjustments to payments and deductions under ~~sections~~section	56956
3314.08 ~~and 3314.13~~ of the Revised Code based on that	56957
determination.	56958

Sec. 3314.20. (A) As used in this section:

56959

(1) "Base enrollment" for an internet- or computer-based	56960
community school means either of the following:	56961

(a) If the school was open for instruction on the effective	56962
date of this section, the number of students enrolled in the	56963
school at the end of the 2012-2013 school year;	56964

(b) If the school opens for instruction after the effective	56965
date of this section, one thousand students.	56966

(2) "Enrollment limit" for an internet- or computer-based	56967
community school means the following:	56968

(a) For the 2014-2015 school year, the base enrollment	56969
increased by the prescribed annual rate of growth, as calculated	56970
by the department of education.	56971

(b) For the 2015-2016 school year and each school year	56972
thereafter, the previous school year's enrollment limit increased	56973
by the prescribed annual rate of growth, as calculated by the	56974
department.	56975

(3) "Prescribed annual rate of growth" for an internet- or	56976
computer-based community school means either of the following:	56977

(a) For a school with an enrollment limit equal to or greater	56978
than three thousand students, fifteen per cent.	56979

(b) For a school with an enrollment limit of less than three	56980
thousand students, twenty-five per cent.	56981

(B) Beginning in the 2014-2015 school year, no internet- or	56982
computer-based community school shall enroll more students than	56983
the number permitted by its enrollment limit.	56984

(C) If, in any school year, an internet- or computer-based	56985
community school enrolls more students than permitted under the	56986
enrollment limit, the department shall deduct from the community	56987
school the amount of state funds credited to the community school	56988
attributable to each student enrolled in excess of the enrollment	56989
limit, as determined by the department. The department shall	56990
distribute the deducted amounts to the school districts to which	56991
the students enrolled in the community school are entitled to	56992
attend school under section 3313.64 or 3313.65 of the Revised	56993
Code. Such amounts shall be distributed on a pro rata basis	56994
according to each district's share of the total enrollment in the	56995
community school.	56996

Sec. 3314.26. (A) Each internet- or computer-based community	56997
school shall withdraw from the school any student who, for two	56998
consecutive school years, has failed to participate in the spring	56999
administration of any assessment prescribed under section	57000
3301.0710 or 3301.0712 of the Revised Code for the student's grade	57001
level and was not excused from the assessment pursuant to division	57002
(C)(1) or (3) of section 3301.0711 of the Revised Code, regardless	57003
of whether a waiver was granted for the student under division	57004
~~(P)~~(L)(3) of section 3314.08 of the Revised Code. The school shall	57005
report any such student's data verification code, as assigned	57006
pursuant to section 3301.0714 of the Revised Code, to the	57007
department of education. The department shall maintain a list of	57008
all data verification codes reported under this division and	57009
section 3313.6410 of the Revised Code and provide that list to	57010
each internet- or computer-based community school and to each	57011
school to which section 3313.6410 of the Revised Code applies.	57012

(B) No internet- or computer-based community school shall	57013
receive any state funds under this chapter for any enrolled	57014
student whose data verification code appears on the list	57015
maintained by the department under division (A) of this section.	57016

Notwithstanding any provision of the Revised Code to the	57017
contrary, the parent of any such student shall pay tuition to the	57018
internet- or computer-based community school in an amount equal to	57019
the state funds the school otherwise would receive for that	57020
student, as determined by the department. An internet- or	57021
computer-based community school may withdraw any student for whom	57022
the parent does not pay tuition as required by this division.	57023

Sec. 3314.35. (A)(1) Except as provided in division (A)(4)	57024
of this section, this section applies to any community school that	57025
meets one of the following criteria after July 1, 2009, but before	57026
July 1, 2011:	57027

(a) The school does not offer a grade level higher than three	57028
and has been declared to be in a state of academic emergency under	57029
section 3302.03 of the Revised Code for three of the four most	57030
recent school years.	57031

(b) The school satisfies all of the following conditions:

57032

(i) The school offers any of grade levels four to eight but	57033
does not offer a grade level higher than nine.	57034

(ii) The school has been declared to be in a state of	57035
academic emergency under section 3302.03 of the Revised Code for	57036
two of the three most recent school years.	57037

(iii) In at least two of the three most recent school years,	57038
the school showed less than one standard year of academic growth	57039
in either reading or mathematics, as determined by the department	57040
of education in accordance with rules adopted under division (A)	57041
of section 3302.021 of the Revised Code.	57042

(c) The school offers any of grade levels ten to twelve and	57043
has been declared to be in a state of academic emergency under	57044
section 3302.03 of the Revised Code for three of the four most	57045
recent school years.	57046

(2) Except as provided in division (A)(4) of this section,	57047
this section applies to any community school that meets one of the	57048
following criteria after July 1, 2011, but before July 1, 2013:	57049

(a) The school does not offer a grade level higher than three	57050
and has been declared to be in a state of academic emergency under	57051
section 3302.03 of the Revised Code for two of the three most	57052
recent school years.	57053

(b) The school satisfies all of the following conditions:

57054

(i) The school offers any of grade levels four to eight but	57055
does not offer a grade level higher than nine.	57056

(ii) The school has been declared to be in a state of	57057
academic emergency under section 3302.03 of the Revised Code for	57058
two of the three most recent school years.	57059

(iii) In at least two of the three most recent school years,	57060
the school showed less than one standard year of academic growth	57061
in either reading or mathematics, as determined by the department	57062
in accordance with rules adopted under division (A) of section	57063
3302.021 of the Revised Code.	57064

(c) The school offers any of grade levels ten to twelve and	57065
has been declared to be in a state of academic emergency under	57066
section 3302.03 of the Revised Code for two of the three most	57067
recent school years.	57068

(3) Except as provided in division (A)(4) of this section,	57069
this section applies to any community school that meets one of the	57070
following criteria on or after July 1, 2013:	57071

(a) The school does not offer a grade level higher than three	57072
and, for two of the three most recent school years, satisfies any	57073
of the following criteria:	57074

(i) The school has been declared to be in a state of academic	57075
emergency under section 3302.03 of the Revised Code, as it existed	57076
prior to ~~the effective date of this amendment~~March 22, 2013;	57077

(ii) The school has received a grade of "F" in improving	57078
literacy in grades kindergarten through three under division	57079
(B)(1)(j) or (C)(1)(k) of section 3302.03 of the Revised Code;	57080

(iii) The school has received an overall grade of "F" under	57081
division (C) of section 3302.03 of the Revised Code.	57082

(b) The school offers any of grade levels four to eight but	57083
does not offer a grade level higher than nine and, for two of the	57084
three most recent school years, satisfies any of the following	57085
criteria:	57086

(i) The school has been declared to be in a state of academic	57087
emergency under section 3302.03 of the Revised Code, as it existed	57088
prior to ~~the effective date of this amendment~~March 22, 2013, and	57089
the school showed less than one standard year of academic growth	57090
in either reading or mathematics, as determined by the department	57091
in accordance with rules adopted under division (A) of section	57092
3302.021 of the Revised Code;	57093

(ii) The school has received a grade of "F" for the	57094
performance index score under division (A)(1)(b), (B)(1)(b), or	57095
(C)(1)(b) and a grade of "F" for the value-added progress	57096
dimension under division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of	57097
section 3302.03 of the Revised Code;	57098

(iii) The school has received an overall grade of "F" under	57099
division (C) and a grade of "F" for the value-added progress	57100
dimension under division (C)(1)(e) of section 3302.03 of the	57101
Revised Code.	57102

(c) The school offers any of grade levels ten to twelve and,	57103
for two of the three most recent school years, satisfies any of	57104
the following criteria:	57105

(i) The school has been declared to be in a state of academic	57106
emergency under section 3302.03 of the Revised Code, as it existed	57107
prior to ~~the effective date of this amendment~~March 22, 2013;	57108

(ii) The school has received a grade of "F" for the	57109
performance index score under division (A)(1)(b), (B)(1)(b), or	57110
(C)(1)(b) and has not met annual measurable objectives under	57111
division (A)(1)(a), (B)(1)(a), or (C)(1)(a) of section 3302.03 of	57112
the Revised Code;	57113

(iii) The school has received an overall grade of "F" under	57114
division (C) and a grade of "F" for the value-added progress	57115
dimension under division (C)(1)(e) of section 3302.03 of the	57116
Revised Code.	57117

For purposes of division (A)(3) of this section only, the	57118
value-added progress dimension for a community school shall be	57119
calculated using assessment scores for only those students to whom	57120
the school has administered the achievement assessments prescribed	57121
by section 3301.0710 of the Revised Code for at least the two most	57122
recent school years.	57123

(4) This section does not apply to either of the following:

57124

(a) Any community school in which a majority of the students	57125
are enrolled in a dropout prevention and recovery program that is	57126
operated by the school. Rather, such schools shall be subject to	57127
closure only as provided in section 3314.351 of the Revised Code.	57128
However, prior to July 1, 2014, a community school in which a	57129
majority of the students are enrolled in a dropout prevention and	57130
recovery program shall be exempt from this section only if it has	57131
been granted a waiver under section 3314.36 of the Revised Code.	57132

(b) Any community school in which a majority of the enrolled	57133
students are children with disabilities receiving special	57134
education and related services in accordance with Chapter 3323. of	57135
the Revised Code.	57136

(B) Any community school to which this section applies shall	57137
permanently close at the conclusion of the school year in which	57138
the school first becomes subject to this section. The sponsor and	57139
governing authority of the school shall comply with all procedures	57140
for closing a community school adopted by the department under	57141
division (E) of section 3314.015 of the Revised Code. The	57142
governing authority of the school shall not enter into a contract	57143
with any other sponsor under section 3314.03 of the Revised Code	57144
after the school closes.	57145

(C) In accordance with division (B) of section 3314.012 of	57146
the Revised Code, the department shall not consider the	57147
performance ratings assigned to a community school for its first	57148
two years of operation when determining whether the school meets	57149
the criteria prescribed by division (A)(1) or (2) of this section.	57150

Sec. 3315.07. (A) The board of education of each ~~city and~~	57151
~~exempted village~~ school district may provide an instructional	57152
program for the employees of the district. The board may provide	57153
the necessary bulletins and instructional material in connection	57154
with the program and pay the cost of meetings held for the purpose	57155
of carrying out the program.	57156

(B) The board of any district or educational service center	57157
may provide bulletins or other materials necessary for the	57158
effective administration of the schools of ~~such~~the district or	57159
programs of the educational service center and may compile, make	57160
available, or publish any of the following materials not	57161
inconsistent with division (C) of this section: student handbooks,	57162
dress codes, curriculum guides, school policy bulletins,	57163
newsletters, board meeting summaries or minutes, financial	57164
reports, annual reports, and other reports concerning the	57165
operation of the schools of the district or programs of the	57166
service center. Such materials shall be published for the purpose	57167
of furthering public awareness of all aspects of the board's	57168
educational program and operation including:	57169

(1) Board policies and actions, procedures, administration	57170
and finance, and state and federal requirements;	57171

(2) The board's programs, activities, and plans;

57172

(3) Student achievements and information concerning	57173
employees;	57174

(4) Any other information the board considers helpful in	57175
keeping students, parents, employees, and residents aware of the	57176
operation of the school district. The board may assign to	57177
employees the duty of producing the information authorized by this	57178
division as a part or all of their jobs.	57179

(C)(1) Except as otherwise provided in division (C)(2) of	57180
this section, no board of education shall use public funds to	57181
support or oppose the passage of a school levy or bond issue or to	57182
compensate any school district employee for time spent on any	57183
activity intended to influence the outcome of a school levy or	57184
bond issue election.	57185

(2) A board of education may permit any of its employees to	57186
attend a public meeting during ~~his~~the employee's regular working	57187
hours for the purpose of presenting information about school	57188
finances and activities and board actions, even if the purpose of	57189
the meeting is to discuss or debate the passage of a school levy	57190
or bond issue.	57191

(D) ~~Boards~~The board of education of ~~local~~a school ~~districts~~	57192
~~and, subject to approval by the educational service center~~	57193
~~governing board, boards of city and exempted village school~~	57194
~~districts located in whole or in part in the territory of~~district	57195
that has entered into an agreement under section 3313.843 or	57196
3313.845 of the Revised Code to receive any services from an	57197
educational service center may authorize ~~educational~~the service	57198
center ~~governing boards~~ to purchase or to accept upon donation	57199
supplies and equipment for such school ~~districts~~district and to	57200
pay the transportation, handling, and storage charges involved in	57201
securing such supplies and equipment. Upon such authorization, the	57202
governing board may make such purchases or accept such donations	57203
and pay from the service center fund the cost of such supplies and	57204
equipment and the transportation, handling, and storage charges	57205
involved. ~~Boards~~The district board shall reimburse in full the	57206
service center governing board for all such expenditures on ~~their~~	57207
its behalf.	57208

Sec. 3315.33. There is hereby established a fund to be known	57209
as the Ohio scholarship fund for teacher trainees for the public	57210
purpose of relieving the existing teacher shortage in public	57211
schools, to be administered and expended as prescribed in sections	57212
3315.33 to 3315.35 of the Revised Code. Appropriations by the	57213
general assembly for the purpose of scholarships for teacher	57214
trainees shall be paid into this fund.	57215

Each scholarship for a teacher trainee shall have a maximum	57216
value of five hundred dollars annually and shall be awarded as	57217
follows:	57218

(A) The state board of education shall prescribe standards	57219
and requirements which shall be met by persons who are eligible	57220
for such scholarships. Scholarships shall be allocated among the	57221
counties of the state on an equitable basis by the state board of	57222
education, provided that not less than three such scholarships	57223
shall be available annually to residents of each county of the	57224
state. If, on the first day of September in each year, the state	57225
board of education finds that the number of eligible persons	57226
recommended from any county is less than the number of	57227
scholarships allocated to that county, it may reallocate the	57228
remaining scholarships among the counties in which the number of	57229
eligible persons exceeds the number of scholarships allocated.	57230
Such reallocation as may affect a county in one year shall not	57231
prejudice in any way the allocation to it in succeeding years.	57232

(B) In accordance with the requirements of sections 3315.33,	57233
3315.34, and 3315.35 of the Revised Code, the educational service	57234
center superintendent in each educational service center as	57235
committee chairperson shall appoint a committee consisting of one	57236
~~city or exempted village~~ high school principal, one elementary	57237
school principal, and one ~~city or exempted village~~ classroom	57238
teacher. This committee shall select and recommend, on the basis	57239
of merit, a number of high school graduates, not to exceed the	57240
number allocated to each county by the state board of education,	57241
who are interested in teaching and whose work and qualifications	57242
are such as to indicate that they possess the qualities which	57243
should be possessed by a successful teacher. Such persons shall	57244
not have previously been enrolled in any college of education or	57245
have majored in education in any college or university. Such other	57246
college training shall be considered in determining such person's	57247
qualifications to become a successful teacher.	57248

(C) The scholarship fund for teacher trainees shall be	57249
disbursed to scholarship holders upon their application as	57250
approved by the state board of education upon vouchers for that	57251
purpose. Such scholarships shall be paid in equal installments at	57252
the beginning of each quarter or semester while college is in	57253
session to each person who has been awarded such a scholarship	57254
when the following requirements are met:	57255

(1) Such person shall be a bona fide student in the college	57256
of education or department of teacher training in an Ohio	57257
institution of higher learning.	57258

(2) Such person shall pursue a course of study in elementary	57259
education in said college of education or department of teacher	57260
training approved by the state board of education.	57261

Sec. 3315.40. The board of education of a city, local,	57262
exempted village, or joint vocational school district or the	57263
governing board of any educational service center may establish an	57264
education foundation fund. Moneys in the fund shall consist of	57265
proceeds paid into the fund under division (B) of section 3313.36	57266
of the Revised Code. In addition, by resolution adopted by a	57267
majority of its members, a city, local, exempted village, or joint	57268
vocational board may annually direct the school district treasurer	57269
to pay into the education foundation fund an amount from the	57270
school district general fund not to exceed one-half of one per	57271
cent of the total appropriations of the school district as	57272
estimated by the board at the time the resolution is adopted or as	57273
set forth in the annual appropriation measure as most recently	57274
amended or supplemented; and any governing board, by resolution	57275
adopted by a majority of its members, may annually direct the	57276
service center treasurer to pay into the education foundation fund	57277
an amount not to exceed one-half of one per cent of the funds	57278
received by the governing board pursuant to an agreement entered	57279
into under section ~~3317.11~~3313.843 or 3313.845 of the Revised	57280
Code.	57281

Income from the investment of moneys in the fund shall be	57282
paid into the fund. A board, by resolution adopted by a majority	57283
of its members, may accept a trust created under section 3315.41	57284
of the Revised Code for the investment of money in the educational	57285
foundation fund and direct the school district or service center	57286
treasurer to pay to the trustee, the initial trust principal	57287
contemplated by the instrument creating the trust. A board that	57288
has accepted a trust created under section 3315.41 of the Revised	57289
Code may do any of the following by resolution adopted by a	57290
majority of its members: direct the school district or service	57291
center treasurer to pay additional amounts to the trust principal,	57292
amend the trust, revoke the trust, or provide for payment of	57293
compensation to the trustee.	57294

Moneys in the fund shall be expended only by resolution	57295
adopted by a majority of the members of the board for operating or	57296
capital costs of any existing or new and innovative program	57297
designed to enhance or promote education within the district or	57298
service center, such as scholarships for students or teachers.	57299

A board of education or governing board may appoint a	57300
committee of administrators to administer the education foundation	57301
fund and to make recommendations for the use of the fund. Members	57302
of the committee shall serve at the discretion of the appointing	57303
board. Members shall receive no compensation, but may be	57304
reimbursed for actual and necessary expenses incurred in the	57305
performance of their official duties.	57306

Sec. 3315.42. Sections 3315.40 and 3315.41 of the Revised	57307
Code do not apply to either of the following:	57308

(A) A school district that has received funds for a project	57309
under Chapter 3318. of the Revised Code, so long as the purchase	57310
price to be paid by the board for the state's interest in the	57311
project has not been paid;	57312

(B) A school district that has an outstanding loan under	57313
section 3313.483 ~~or sections 3317.62 to 3317.64~~ of the Revised	57314
Code.	57315

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	57316
133. or sections 3313.483 to ~~3313.4811~~3313.4810 of the Revised	57317
Code, and subject to the approval of the superintendent of public	57318
instruction, a school district that is in a state of fiscal watch	57319
declared under section 3316.03 of the Revised Code may restructure	57320
or refinance loans obtained or in the process of being obtained	57321
under section 3313.483 of the Revised Code if all of the following	57322
requirements are met:	57323

(1) The operating deficit certified for the school district	57324
for the current or preceding fiscal year under section 3313.483 of	57325
the Revised Code exceeds fifteen per cent of the district's	57326
general revenue fund for the fiscal year preceding the year for	57327
which the certification of the operating deficit is made.	57328

(2) The school district voters have, during the period of the	57329
fiscal watch, approved the levy of a tax under section 718.09,	57330
718.10, 5705.194, 5705.21, 5748.02, or 5748.09 of the Revised Code	57331
that is not a renewal or replacement levy, or a levy under section	57332
5705.199 of the Revised Code, and that will provide new operating	57333
revenue.	57334

(3) The board of education of the school district has adopted	57335
or amended the financial plan required by section 3316.04 of the	57336
Revised Code to reflect the restructured or refinanced loans, and	57337
sets forth the means by which the district will bring projected	57338
operating revenues and expenditures, and projected debt service	57339
obligations, into balance for the life of any such loan.	57340

(B) Subject to the approval of the superintendent of public	57341
instruction, the school district may issue securities to evidence	57342
the restructuring or refinancing authorized by this section. Such	57343
securities may extend the original period for repayment not to	57344
exceed ten years, and may alter the frequency and amount of	57345
repayments, interest or other financing charges, and other terms	57346
or agreements under which the loans were originally contracted,	57347
provided the loans received under sections 3313.483 of the Revised	57348
Code are repaid from funds the district would otherwise receive	57349
under Chapter 3317. of the Revised Code, as required under	57350
division (E)(3) of section 3313.483 of the Revised Code.	57351
Securities issued for the purpose of restructuring or refinancing	57352
under this section shall be repaid in equal payments and at equal	57353
intervals over the term of the debt and are not eligible to be	57354
included in any subsequent proposal to restructure or refinance.	57355

(C) Unless the district is declared to be in a state of	57356
fiscal emergency under division (D) of section 3316.04 of the	57357
Revised Code, a school district shall remain in a state of fiscal	57358
watch for the duration of the repayment period of any loan	57359
restructured or refinanced under this section.	57360

Sec. 3316.06. (A) Within one hundred twenty days after the	57361
first meeting of a school district financial planning and	57362
supervision commission, the commission shall adopt a financial	57363
recovery plan regarding the school district for which the	57364
commission was created. During the formulation of the plan, the	57365
commission shall seek appropriate input from the school district	57366
board and from the community. This plan shall contain the	57367
following:	57368

(1) Actions to be taken to:

57369

(a) Eliminate all fiscal emergency conditions declared to	57370
exist pursuant to division (B) of section 3316.03 of the Revised	57371
Code;	57372

(b) Satisfy any judgments, past-due accounts payable, and all	57373
past-due and payable payroll and fringe benefits;	57374

(c) Eliminate the deficits in all deficit funds, except that	57375
any prior year deficits in the capital and maintenance fund	57376
established pursuant to section 3315.18 of the Revised Code shall	57377
be forgiven;	57378

(d) Restore to special funds any moneys from such funds that	57379
were used for purposes not within the purposes of such funds, or	57380
borrowed from such funds by the purchase of debt obligations of	57381
the school district with the moneys of such funds, or missing from	57382
the special funds and not accounted for, if any;	57383

(e) Balance the budget, avoid future deficits in any funds,	57384
and maintain on a current basis payments of payroll, fringe	57385
benefits, and all accounts;	57386

(f) Avoid any fiscal emergency condition in the future;

57387

(g) Restore the ability of the school district to market	57388
long-term general obligation bonds under provisions of law	57389
applicable to school districts generally.	57390

(2) The management structure that will enable the school	57391
district to take the actions enumerated in division (A)(1) of this	57392
section. The plan shall specify the level of fiscal and management	57393
control that the commission will exercise within the school	57394
district during the period of fiscal emergency, and shall	57395
enumerate respectively, the powers and duties of the commission	57396
and the powers and duties of the school board during that period.	57397
The commission may elect to assume any of the powers and duties of	57398
the school board it considers necessary, including all powers	57399
related to personnel, curriculum, and legal issues in order to	57400
successfully implement the actions described in division (A)(1) of	57401
this section.	57402

(3) The target dates for the commencement, progress upon, and	57403
completion of the actions enumerated in division (A)(1) of this	57404
section and a reasonable period of time expected to be required to	57405
implement the plan. The commission shall prepare a reasonable time	57406
schedule for progress toward and achievement of the requirements	57407
for the plan, and the plan shall be consistent with that time	57408
schedule.	57409

(4) The amount and purpose of any issue of debt obligations	57410
that will be issued, together with assurances that any such debt	57411
obligations that will be issued will not exceed debt limits	57412
supported by appropriate certifications by the fiscal officer of	57413
the school district and the county auditor. Debt obligations	57414
issued pursuant to section 133.301 of the Revised Code shall	57415
include assurances that such debt shall be in an amount not to	57416
exceed the amount certified under division (B) of such section. If	57417
the commission considers it necessary in order to maintain or	57418
improve educational opportunities of pupils in the school	57419
district, the plan may include a proposal to restructure or	57420
refinance outstanding debt obligations incurred by the board under	57421
section 3313.483 of the Revised Code contingent upon the approval,	57422
during the period of the fiscal emergency, by district voters of a	57423
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	57424
5748.02, 5748.08, or 5748.09 of the Revised Code that is not a	57425
renewal or replacement levy, or a levy under section 5705.199 of	57426
the Revised Code, and that will provide new operating revenue.	57427
Notwithstanding any provision of Chapter 133. or sections 3313.483	57428
to ~~3313.4811~~3313.4810 of the Revised Code, following the required	57429
approval of the district voters and with the approval of the	57430
commission, the school district may issue securities to evidence	57431
the restructuring or refinancing. Those securities may extend the	57432
original period for repayment, not to exceed ten years, and may	57433
alter the frequency and amount of repayments, interest or other	57434
financing charges, and other terms of agreements under which the	57435
debt originally was contracted, at the discretion of the	57436
commission, provided that any loans received pursuant to section	57437
3313.483 of the Revised Code shall be paid from funds the district	57438
would otherwise receive under Chapter 3317. of the Revised Code,	57439
as required under division (E)(3) of section 3313.483 of the	57440
Revised Code. The securities issued for the purpose of	57441
restructuring or refinancing the debt shall be repaid in equal	57442
payments and at equal intervals over the term of the debt and are	57443
not eligible to be included in any subsequent proposal for the	57444
purpose of restructuring or refinancing debt under this section.	57445

(5) An evaluation of the feasibility of entering into shared	57446
services agreements with other political subdivisions for the	57447
joint exercise of any power, performance of any function, or	57448
rendering of any service, if so authorized by statute.	57449

(B) Any financial recovery plan may be amended subsequent to	57450
its adoption. Each financial recovery plan shall be updated	57451
annually.	57452

(C) Each school district financial planning and supervision	57453
commission shall submit the financial recovery plan it adopts or	57454
updates under this section to the state superintendent of public	57455
instruction for approval immediately following its adoption or	57456
updating. The state superintendent shall evaluate the plan and	57457
either approve or disapprove it within thirty calendar days from	57458
the date of its submission. If the plan is disapproved, the state	57459
superintendent shall recommend modifications that will render it	57460
acceptable. No financial planning and supervision commission shall	57461
implement a financial recovery plan that is adopted or updated on	57462
or after April 10, 2001, unless the state superintendent has	57463
approved it.	57464

Sec. 3317.01. As used in this section, "school district,"	57465
unless otherwise specified, means any city, local, exempted	57466
village, joint vocational, or cooperative education school	57467
district and any educational service center.	57468

This chapter shall be administered by the state board of	57469
education. The superintendent of public instruction shall	57470
calculate the amounts payable to each school district and shall	57471
certify the amounts payable to each eligible district to the	57472
treasurer of the district as provided by this chapter. As soon as	57473
possible after such amounts are calculated, the superintendent	57474
shall certify to the treasurer of each school district the	57475
district's adjusted charge-off increase, as defined in section	57476
5705.211 of the Revised Code. Certification of moneys pursuant to	57477
this section shall include the amounts payable to each school	57478
building, at a frequency determined by the superintendent, for	57479
each subgroup of students, as defined in section 3317.40 of the	57480
Revised Code, receiving services, provided for by state funding,	57481
from the district or school. No moneys shall be distributed	57482
pursuant to this chapter without the approval of the controlling	57483
board.	57484

The state board of education shall, in accordance with	57485
appropriations made by the general assembly, meet the financial	57486
obligations of this chapter.	57487

Moneys distributed pursuant to this chapter shall be	57488
calculated and paid on a fiscal year basis, beginning with the	57489
first day of July and extending through the thirtieth day of June.	57490
The moneys appropriated for each fiscal year shall be distributed	57491
periodically to each school district unless otherwise provided	57492
for. The state board, in June of each year, shall submit to the	57493
controlling board the state board's year-end distributions	57494
pursuant to this chapter.	57495

Except as otherwise provided, payments under this chapter	57496
shall be made only to those school districts in which:	57497

(A) The school district, except for any educational service	57498
center and any joint vocational or cooperative education school	57499
district, levies for current operating expenses at least twenty	57500
mills. Levies for joint vocational or cooperative education school	57501
districts or county school financing districts, limited to or to	57502
the extent apportioned to current expenses, shall be included in	57503
this qualification requirement. School district income tax levies	57504
under Chapter 5748. of the Revised Code, limited to or to the	57505
extent apportioned to current operating expenses, shall be	57506
included in this qualification requirement to the extent	57507
determined by the tax commissioner under division (D) of section	57508
3317.021 of the Revised Code.	57509

(B) The school year next preceding the fiscal year for which	57510
such payments are authorized meets the requirement of section	57511
3313.48 or 3313.481 of the Revised Code, with regard to the	57512
minimum number of days or hours school must be open for	57513
instruction with pupils in attendance, for individualized	57514
parent-teacher conference and reporting periods, and for	57515
professional meetings of teachers. This requirement shall be	57516
waived by the superintendent of public instruction if it had been	57517
necessary for a school to be closed because of disease epidemic,	57518
hazardous weather conditions, law enforcement emergencies,	57519
inoperability of school buses or other equipment necessary to the	57520
school's operation, damage to a school building, or other	57521
temporary circumstances due to utility failure rendering the	57522
school building unfit for school use, provided that for those	57523
school districts operating pursuant to section 3313.48 of the	57524
Revised Code the number of days the school was actually open for	57525
instruction with pupils in attendance and for individualized	57526
parent-teacher conference and reporting periods is not less than	57527
one hundred seventy-five, or for those school districts operating	57528
on a trimester plan the number of days the school was actually	57529
open for instruction with pupils in attendance not less than	57530
seventy-nine days in any trimester, for those school districts	57531
operating on a quarterly plan the number of days the school was	57532
actually open for instruction with pupils in attendance not less	57533
than fifty-nine days in any quarter, or for those school districts	57534
operating on a pentamester plan the number of days the school was	57535
actually open for instruction with pupils in attendance not less	57536
than forty-four days in any pentamester.	57537

A school district shall not be considered to have failed to	57538
comply with this division or section 3313.481 of the Revised Code	57539
because schools were open for instruction but either twelfth grade	57540
students were excused from attendance for up to three days or only	57541
a portion of the kindergarten students were in attendance for up	57542
to three days in order to allow for the gradual orientation to	57543
school of such students.	57544

The superintendent of public instruction shall waive the	57545
requirements of this section with reference to the minimum number	57546
of days or hours school must be in session with pupils in	57547
attendance for the school year succeeding the school year in which	57548
a board of education initiates a plan of operation pursuant to	57549
section 3313.481 of the Revised Code. The minimum requirements of	57550
this section shall again be applicable to such a district	57551
beginning with the school year commencing the second July	57552
succeeding the initiation of one such plan, and for each school	57553
year thereafter.	57554

A school district shall not be considered to have failed to	57555
comply with this division or section 3313.48 or 3313.481 of the	57556
Revised Code because schools were open for instruction but the	57557
length of the regularly scheduled school day, for any number of	57558
days during the school year, was reduced by not more than two	57559
hours due to hazardous weather conditions.	57560

A board of education or governing board of an educational	57561
service center which has not conformed with other law and the	57562
rules pursuant thereto, shall not participate in the distribution	57563
of funds authorized by this chapter, except for good and	57564
sufficient reason established to the satisfaction of the state	57565
board of education and the state controlling board.	57566

All funds allocated to school districts under this chapter,	57567
except those specifically allocated for other purposes, shall be	57568
used to pay current operating expenses only.	57569

Sec. 3317.013. ~~Except for a preschool child with a~~	57570
~~disability for whom a scholarship has been awarded under section~~	57571
~~3310.41 of the Revised Code, this section does not apply to~~	57572
~~preschool children with disabilities.~~	57573

~~Analysis of special education cost data has resulted in a~~	57574
~~finding that the average special education additional cost per~~	57575
~~pupil, including the costs of related services, can be expressed~~	57576
~~as a multiple of the formula amount.~~ The ~~multiples~~amounts for the	57577
following categories of special education programs, as these	57578
programs are defined for purposes of Chapter 3323. of the Revised	57579
Code, ~~and adjusted as provided in this section,~~ are as follows:	57580

(A) ~~A multiple of 0.2906~~An amount of $1,503, in fiscal year	57581
2014, or $1,517, in fiscal year 2015, for ~~students~~each student	57582
whose primary or only identified disability is a speech and	57583
language disability, as this term is defined pursuant to Chapter	57584
3323. of the Revised Code;	57585

(B) ~~A multiple of 0.7374~~An amount of $3,813, in fiscal year	57586
2014, or $3,849, in fiscal year 2015, for ~~students~~each student	57587
identified as specific learning disabled or developmentally	57588
disabled, as these terms are defined pursuant to Chapter 3323. of	57589
the Revised Code, oridentified as having an other health	57590
impairment-minor, or identified as a preschool child who is	57591
developmentally delayed;	57592

(C) ~~A multiple of 1.7716~~An amount of $9,160, in fiscal year	57593
2014, or $9,248, in fiscal year 2015, for ~~students~~each student	57594
identified as hearing disabled or severe behavior disabled, as	57595
these terms are defined pursuant to Chapter 3323. of the Revised	57596
Code;	57597

(D) ~~A multiple of 2.3643~~An amount of $12,225, in fiscal year	57598
2014, or $12,342, in fiscal year 2015, for ~~students~~each student	57599
identified as vision impaired, as this term is defined pursuant to	57600
Chapter 3323. of the Revised Code, or as having an other health	57601
impairment-major;	57602

(E) ~~A multiple of 3.2022~~An amount of $16,557, in fiscal year	57603
2014, or $16,715, in fiscal year 2015, for ~~students~~each student	57604
identified as orthopedically disabled or as having multiple	57605
disabilities, as these terms are defined pursuant to Chapter 3323.	57606
of the Revised Code;	57607

(F) ~~A multiple of 4.7205~~An amount of $24,407, in fiscal year	57608
2014, or $24,641, in fiscal year 2015, for ~~students~~each student	57609
identified as autistic, having traumatic brain injuries, or as	57610
both visually and hearing impaired, as these terms are defined	57611
pursuant to Chapter 3323. of the Revised Code.	57612

~~In fiscal years 2008, 2009, 2010, 2011, 2012, and 2013, the~~	57613
~~multiples specified in divisions (A) to (F) of this section shall~~	57614
~~be adjusted by multiplying them by 0.90.~~	57615

Sec. 3317.014. The career-technical education additional	57616
amount per pupil for each student enrolled in career-technical	57617
education programs approved by the department of education under	57618
section 3317.161 of the Revised Code shall be as follows:	57619

(A) An amount of $4,750, in fiscal year 2014, or $4,800, in	57620
fiscal year 2015, for each student enrolled in career-technical	57621
education workforce development programs in agricultural and	57622
environmental systems, construction technologies, engineering and	57623
science technologies, finance, health science, information	57624
technology, and manufacturing technologies, each of which shall be	57625
defined by the department in consultation with the governor's	57626
office of workforce transformation;	57627

(B) An amount of $4,500, in fiscal year 2014, or $4,550, in	57628
fiscal year 2015, for each student enrolled in workforce	57629
development programs in business and administration, hospitality	57630
and tourism, human services, law and public safety, transportation	57631
systems, and arts and communications, each of which shall be	57632
defined by the department in consultation with the governor's	57633
office of workforce transformation;	57634

(C) An amount of $1,650, in fiscal year 2014, or $1,660, in	57635
fiscal year 2015, for students enrolled in career-based	57636
intervention programs, which shall be defined by the department in	57637
consultation with the governor's office of workforce	57638
transformation;	57639

(D) An amount of $1,400, in fiscal year 2014, or $1,410, in	57640
fiscal year 2015, for students enrolled in workforce development	57641
programs in education and training, marketing, workforce	57642
development academics, public administration, and career	57643
development, each of which shall be defined by the department of	57644
education in consultation with the governor's office of workforce	57645
transformation;	57646

(E) An amount of $1,200, in fiscal year 2014, or $1,210, in	57647
fiscal year 2015, for students enrolled in family and consumer	57648
science programs, which shall be defined by the department of	57649
education in consultation with the governor's office of workforce	57650
transformation.	57651

The amount for career-technical education associated	57652
services, as defined by the department, shall be $225, in fiscal	57653
year 2014, or $227, in fiscal year 2015.	57654

Sec. 3317.016. The amounts for limited English proficient	57655
students shall be as follows:	57656

(A) An amount of $1,500, in fiscal year 2014, and $1,515, in	57657
fiscal year 2015, for each student who has been enrolled in	57658
schools in the United States for 180 school days or less and was	57659
not previously exempted from taking the spring administration of	57660
either of the state's English language arts assessments prescribed	57661
by section 3301.0710 of the Revised Code (reading or writing).	57662

(B) An amount of $1,125, in fiscal year 2014, and $1,136, in	57663
fiscal year 2015, for each student who has been enrolled in	57664
schools in the United States for more than 180 school days or was	57665
previously exempted from taking the spring administration of	57666
either of the state's English language arts assessments prescribed	57667
by section 3301.0710 of the Revised Code (reading or writing).	57668

(C) An amount of $750, in fiscal year 2014, and $758, in	57669
fiscal year 2015, for each student who does not qualify for	57670
inclusion under division (A) or (B) of this section and is in a	57671
trial-mainstream period, as defined by the department.	57672

Sec. 3317.017. The department of education shall compute a	57673
school district's state share index as follows:	57674

(A) Calculate the district's valuation index, which equals	57675
the following quotient:	57676

(The district's three-year average valuation / the district's	57677
total ADM) / (the statewide three-year average valuation for	57678
school districts with a total ADM greater than zero / the	57679
statewide total ADM)	57680

(B) Calculate the district's median income index, which	57681
equals the following quotient:	57682

(The district's median Ohio adjusted gross income / the	57683
median of the median Ohio adjusted gross income of all districts	57684
statewide)	57685

57686

(1) If the district's median income index is less than the	57687
district's valuation index, then the district's wealth index shall	57688
be equal to [(1/3 X the district's median income index) + (2/3 X	57689
the district's valuation index)].	57690

(2) If the district's median income index is greater than or	57691
equal to the district's valuation index, then the district's	57692
wealth index shall be equal to the district's valuation index.	57693

(D) Determine the district's state share index as follows:

57694

(1) If the district's wealth index is less than or equal to	57695
0.35, then the district's state share index shall be equal to	57696
0.90.	57697

(2) If the district's wealth index is greater than 0.35 but	57698
less than or equal to 0.90, then the district's state share index	57699
shall be equal to {0.40 X [(0.90 – the district's wealth index) /	57700
0.55]} + 0.50.	57701

(3) If the district's wealth index is greater than 0.90 but	57702
less than 1.8, then the district's state share index shall be	57703
equal to {0.45 X [(1.8 – the district's wealth index) / 0.9]} +	57704
0.05.	57705

(4) If the district's wealth index is greater than or equal	57706
to 1.8, then the district's state share index shall be equal to	57707
0.05.	57708

(E)(1) For each school district for which the tax-exempt	57709
value of the district, as certified under division (A)(4) of	57710
section 3317.021 of the Revised Code, equals or exceeds thirty per	57711
cent of the potential value of the district, the department shall	57712
calculate the difference between the district's tax-exempt value	57713
and thirty per cent of the district's potential value. For this	57714
purpose, the "potential value" of a school district is the	57715
three-year average valuation of the district plus the tax-exempt	57716
value of the district.	57717

(2) For each school district to which division (E)(1) of this	57718
section applies, the department shall adjust the three-year	57719
average valuation used in the calculation under division (A) of	57720
this section by subtracting from it the amount calculated under	57721
division (E)(1) of this section.	57722

(F) When performing the calculations required under this	57723
section, the department shall not round to fewer than four decimal	57724
places.	57725

For purposes of these calculations for fiscal years 2014 and	57726
2015, "three-year average valuation" means the average of total	57727
taxable value for fiscal years 2012, 2013, and 2014; "total ADM"	57728
means the total ADM for fiscal year 2014; "median Ohio adjusted	57729
gross income" means the median Ohio adjusted gross income for tax	57730
year 2011; and "tax-exempt value" means the tax-exempt value for	57731
fiscal year 2014.	57732

Sec. 3317.02. As used in this chapter:

57733

(A)(1) "Category one career-technical education ADM" means	57734
the average daily membership of students receiving	57735
career-technical education services described in division (A) of	57736
section 3317.014 of the Revised Code and reported under division	57737
(B)(11) or (D)(2)(h) of section 3317.03 of the Revised Code.	57738

(2) "Category two career-technical education ADM" means the	57739
average daily membership of students receiving career-technical	57740
education services described in division (B) of section 3317.014	57741
of the Revised Code and reported under division (B)(12) or	57742
(D)(2)(i) of section 3317.03 of the Revised Code.	57743

(3) "Category three career-technical education ADM" means the	57744
average daily membership of students receiving career-technical	57745
education services described in division (C) of section 3317.014	57746
of the Revised Code and reported under division (B)(13) or	57747
(D)(2)(j) of section 3317.03 of the Revised Code.	57748

(4) "Category four career-technical education ADM" means the	57749
average daily membership of students receiving career-technical	57750
education services described in division (D) of section 3317.014	57751
of the Revised Code and reported under division (B)(14) or	57752
(D)(2)(k) of section 3317.03 of the Revised Code.	57753

(5) "Category five career-technical education ADM" means the	57754
average daily membership of students receiving career-technical	57755
education services described in division (E) of section 3317.014	57756
of the Revised Code and reported under division (B)(15) or	57757
(D)(2)(l) of section 3317.03 of the Revised Code.	57758

(B)(1) "Category one limited English proficient ADM" means	57759
the average daily membership of limited English proficient	57760
students described in division (A) of section 3317.016 of the	57761
Revised Code and reported under division (B)(16) or (D)(2)(m) of	57762
section 3317.03 of the Revised Code.	57763

(2) "Category two limited English proficient ADM" means the	57764
average daily membership of limited English proficient students	57765
described in division (B) of section 3317.016 of the Revised Code	57766
and reported under division (B)(17) or (D)(2)(n) of section	57767
3317.03 of the Revised Code.	57768

(3) "Category three limited English proficient ADM" means the	57769
average daily membership of limited English proficient students	57770
described in division (C) of section 3317.016 of the Revised Code	57771
and reported under division (B)(18) or (D)(2)(o) of section	57772
3317.03 of the Revised Code.	57773

(C)(1) "Category one special education ADM" means the average	57774
daily membership of children with disabilities receiving special	57775
education services for the disability specified in division (A) of	57776
section 3317.013 of the Revised Code and reported under division	57777
(B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code.	57778

(2) "Category two special education ADM" means the average	57779
daily membership of children with disabilities receiving special	57780
education services for those disabilities specified in division	57781
(B) of section 3317.013 of the Revised Code and reported under	57782
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	57783
Code.	57784

(3) "Category three special education ADM" means the average	57785
daily membership of students receiving special education services	57786
for those disabilities specified in division (C) of section	57787
3317.013 of the Revised Code, and reported under division (B)(7)	57788
or (D)(2)(d) of section 3317.03 of the Revised Code.	57789

(4) "Category four special education ADM" means the average	57790
daily membership of students receiving special education services	57791
for those disabilities specified in division (D) of section	57792
3317.013 of the Revised Code and reported under division (B)(8) or	57793
(D)(2)(e) of section 3317.03 of the Revised Code.	57794

(5) "Category five special education ADM" means the average	57795
daily membership of students receiving special education services	57796
for the disabilities specified in division (E) of section 3317.013	57797
of the Revised Code and reported under division (B)(9) or	57798
(D)(2)(f) of section 3317.03 of the Revised Code.	57799

(6) "Category six special education ADM" means the average	57800
daily membership of students receiving special education services	57801
for the disabilities specified in division (F) of section 3317.013	57802
of the Revised Code and reported under division (B)(10) or	57803
(D)(2)(g) of section 3317.03 of the Revised Code.	57804

(D) "County DD board" means a county board of developmental	57805
disabilities.	57806

(E) "Economically disadvantaged index for a school district"	57807
means the square of the quotient of that district's percentage of	57808
students in its total ADM who are identified as economically	57809
disadvantaged as defined by the department of education, divided	57810
by the statewide percentage of students identified as economically	57811
disadvantaged.	57812

(F)(1) "Formula ADM" means, for a city, local, or exempted	57813
village school district, the average daily membership described in	57814
division (A) of section 3317.03 of the Revised Code, as verified	57815
by the superintendent of public instruction and adjusted if so	57816
ordered under division (K) of that section, and as further	57817
adjusted by counting only twenty per cent of the number of joint	57818
vocational school district students counted under division (A)(3)	57819
of section 3317.03 of the Revised Code.	57820

(2) "Formula ADM" means, for a joint vocational school	57821
district, the final number verified by the superintendent of	57822
public instruction, based on the number reported pursuant to	57823
division (D) of section 3317.03 of the Revised Code, as adjusted,	57824
if so ordered, under division (K) of that section.	57825

(G) "Formula amount" means $5,745, for fiscal year 2014, and	57826
$5,800, for fiscal year 2015.	57827

(H) "FTE basis" means a count of students based on full-time	57828
equivalency, in accordance with rules adopted by the department of	57829
education pursuant to section 3317.03 of the Revised Code. In	57830
adopting its rules under this division, the department shall	57831
provide for counting any student in category one, two, three,	57832
four, five, or six special education ADM or in category one, two,	57833
three, four, or five career technical education ADM in the same	57834
proportion the student is counted in formula ADM.	57835

(I) "Internet- or computer-based community school" has the	57836
same meaning as in section 3314.02 of the Revised Code.	57837

(J) "Medically fragile child" means a child to whom all of	57838
the following apply:	57839

(1) The child requires the services of a doctor of medicine	57840
or osteopathic medicine at least once a week due to the	57841
instability of the child's medical condition.	57842

(2) The child requires the services of a registered nurse on	57843
a daily basis.	57844

(3) The child is at risk of institutionalization in a	57845
hospital, skilled nursing facility, or intermediate care facility	57846
for individuals with intellectual disabilities.	57847

(K)(1) A child may be identified as having an "other health	57848
impairment-major" if the child's condition meets the definition of	57849
"other health impaired" established in rules previously adopted by	57850
the state board of education and if either of the following apply:	57851

(a) The child is identified as having a medical condition	57852
that is among those listed by the superintendent of public	57853
instruction as conditions where a substantial majority of cases	57854
fall within the definition of "medically fragile child."	57855

(b) The child is determined by the superintendent of public	57856
instruction to be a medically fragile child. A school district	57857
superintendent may petition the superintendent of public	57858
instruction for a determination that a child is a medically	57859
fragile child.	57860

(2) A child may be identified as having an "other health	57861
impairment-minor" if the child's condition meets the definition of	57862
"other health impaired" established in rules previously adopted by	57863
the state board of education but the child's condition does not	57864
meet either of the conditions specified in division (K)(1)(a) or	57865
(b) of this section.	57866

(L) "Preschool child with a disability" means a child with a	57867
disability, as defined in section 3323.01 of the Revised Code, who	57868
is at least age three but is not of compulsory school age, as	57869
defined in section 3321.01 of the Revised Code, and who is not	57870
currently enrolled in kindergarten.	57871

(M) "Preschool scholarship ADM" means the number of preschool	57872
children with disabilities reported under division (B)(3)(h) of	57873
section 3317.03 of the Revised Code.	57874

(N) "Related services" includes:

57875

(1) Child study, special education supervisors and	57876
coordinators, speech and hearing services, adaptive physical	57877
development services, occupational or physical therapy, teacher	57878
assistants for children with disabilities whose disabilities are	57879
described in division (B) of section 3317.013 or division (B)(3)	57880
of this section, behavioral intervention, interpreter services,	57881
work study, nursing services, and specialized integrative services	57882
as those terms are defined by the department;	57883

(2) Speech and language services provided to any student with	57884
a disability, including any student whose primary or only	57885
disability is a speech and language disability;	57886

(3) Any related service not specifically covered by other	57887
state funds but specified in federal law, including but not	57888
limited to, audiology and school psychological services;	57889

(4) Any service included in units funded under former	57890
division (O)(1) of section 3317.024 of the Revised Code;	57891

(5) Any other related service needed by children with	57892
disabilities in accordance with their individualized education	57893
programs.	57894

(O) "School district," unless otherwise specified, means	57895
city, local, and exempted village school districts.	57896

(P) "State education aid" has the same meaning as in section	57897
5751.20 of the Revised Code.	57898

(Q) "State share index" means the state share index	57899
calculated for a district under section 3317.017 of the Revised	57900
Code.	57901

(R) "Taxes charged and payable" means the taxes charged and	57902
payable against real and public utility property after making the	57903
reduction required by section 319.301 of the Revised Code, plus	57904
the taxes levied against tangible personal property.	57905

(S) "Total ADM" means, for a city, local, or exempted village	57906
school district, the average daily membership described in	57907
division (A) of section 3317.03 of the Revised Code, as verified	57908
by the superintendent of public instruction and adjusted if so	57909
ordered under division (K) of that section.	57910

(T) "Total special education ADM" means the sum of categories	57911
one through six special education ADM.	57912

(U) "Total taxable value" means the sum of the amounts	57913
certified for a city, local, exempted village, or joint vocational	57914
school district under divisions (A)(1) and (2) of section 3317.021	57915
of the Revised Code.	57916

Sec. 3317.021. (A) On or before the first day of June of	57917
each year, the tax commissioner shall certify to the department of	57918
education and the office of budget and management the information	57919
described in divisions (A)(1) to ~~(7)~~(5) of this section for each	57920
city, exempted village, and local school district, and the	57921
information required by divisions (A)(1) and (2) of this section	57922
for each joint vocational school district, and it shall be used,	57923
along with the information certified under division (B) of this	57924
section, in making the computations for the district under this	57925
chapter.	57926

(1) The taxable value of real and public utility real	57927
property in the school district subject to taxation in the	57928
preceding tax year, by class and by county of location.	57929

(2) The taxable value of tangible personal property,	57930
including public utility personal property, subject to taxation by	57931
the district for the preceding tax year.	57932

(3)(a) The total property tax rate and total taxes charged	57933
and payable for the current expenses for the preceding tax year	57934
and the total property tax rate and the total taxes charged and	57935
payable to a joint vocational district for the preceding tax year	57936
that are limited to or to the extent apportioned to current	57937
expenses.	57938

(b) The portion of the amount of taxes charged and payable	57939
reported for each city, local, and exempted village school	57940
district under division (A)(3)(a) of this section attributable to	57941
a joint vocational school district.	57942

(4) The value of all real and public utility real property in	57943
the school district exempted from taxation minus both of the	57944
following:	57945

(a) The value of real and public utility real property in the	57946
district owned by the United States government and used	57947
exclusively for a public purpose;	57948

(b) The value of real and public utility real property in the	57949
district exempted from taxation under Chapter 725. or 1728. or	57950
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	57951
5709.73, or 5709.78 of the Revised Code.	57952

(5) The total federal adjusted gross income of the residents	57953
of the school district, based on tax returns filed by the	57954
residents of the district, for the most recent year for which this	57955
information is available, and the median Ohio adjusted gross	57956
income of the residents of the school district determined on the	57957
basis of tax returns filed for the second preceding tax year by	57958
the residents of the district.	57959

~~(6) The sum of the school district compensation value as~~	57960
~~indicated on the list of exempted property for the preceding tax~~	57961
~~year under section 5713.08 of the Revised Code as if such property~~	57962
~~had been assessed for taxation that year and the other~~	57963
~~compensation value for the school district, minus the amounts~~	57964
~~described in divisions (A)(6)(c) to (i) of this section. The~~	57965
~~portion of school district compensation value or other~~	57966
~~compensation value attributable to an incentive district exemption~~	57967
~~may be subtracted only once even if that incentive district~~	57968
~~satisfies more than one of the criteria in divisions (A)(6)(c) to~~	57969
~~(i) of this section.~~	57970

~~(a) "School district compensation value" means the aggregate~~	57971
~~value of real property in the school district exempted from~~	57972
~~taxation pursuant to an ordinance or resolution adopted under~~	57973
~~division (C) of section 5709.40, division (C) of section 5709.73,~~	57974
~~or division (B) of section 5709.78 of the Revised Code to the~~	57975
~~extent that the exempted value results in the charging of payments~~	57976
~~in lieu of taxes required to be paid to the school district under~~	57977
~~division (D)(1) or (2) of section 5709.40, division (D) of section~~	57978
~~5709.73, or division (C) of section 5709.78 of the Revised Code.~~	57979

~~(b) "Other compensation value" means the quotient that~~	57980
~~results from dividing (i) the dollar value of compensation~~	57981
~~received by the school district during the preceding tax year~~	57982
~~pursuant to division (B), (C), or (D) of section 5709.82 of the~~	57983
~~Revised Code and the amounts received pursuant to an agreement as~~	57984
~~specified in division (D)(2) of section 5709.40, division (D) of~~	57985
~~section 5709.73, or division (C) of section 5709.78 of the Revised~~	57986
~~Code to the extent those amounts were not previously reported or~~	57987
~~included in division (A)(6)(a) of this section, and so that any~~	57988
~~such amount is reported only once under division (A)(6)(b) of this~~	57989
~~section, in relation to exemptions from taxation granted pursuant~~	57990
~~to an ordinance or resolution adopted under division (C) of~~	57991
~~section 5709.40, division (C) of section 5709.73, or division (B)~~	57992
~~of section 5709.78 of the Revised Code, by (ii) the real property~~	57993
~~tax rate in effect for the preceding tax year for~~	57994
~~nonresidential/agricultural real property after making the~~	57995
~~reductions required by section 319.301 of the Revised Code.~~	57996

~~(c) The portion of school district compensation value or~~	57997
~~other compensation value that was exempted from taxation pursuant~~	57998
~~to such an ordinance or resolution for the preceding tax year, if~~	57999
~~the ordinance or resolution is adopted prior to January 1, 2006,~~	58000
~~and the legislative authority or board of township trustees or~~	58001
~~county commissioners, prior to January 1, 2006, executes a~~	58002
~~contract or agreement with a developer, whether for-profit or~~	58003
~~not-for-profit, with respect to the development of a project~~	58004
~~undertaken or to be undertaken and identified in the ordinance or~~	58005
~~resolution, and upon which parcels such project is being, or will~~	58006
~~be, undertaken;~~	58007

~~(d) The portion of school district compensation value that~~	58008
~~was exempted from taxation for the preceding tax year and for~~	58009
~~which payments in lieu of taxes for the preceding tax year were~~	58010
~~provided to the school district under division (D)(1) of section~~	58011
~~5709.40 of the Revised Code.~~	58012

~~(e) The portion of school district compensation value that~~	58013
~~was exempted from taxation for the preceding tax year pursuant to~~	58014
~~such an ordinance or resolution, if and to the extent that, on or~~	58015
~~before April 1, 2006, the fiscal officer of the municipal~~	58016
~~corporation that adopted the ordinance, or of the township or~~	58017
~~county that adopted the resolution, certifies and provides~~	58018
~~appropriate supporting documentation to the tax commissioner and~~	58019
~~the director of development that, based on hold-harmless~~	58020
~~provisions in any agreement between the school district and the~~	58021
~~legislative authority of the municipal corporation, board of~~	58022
~~township trustees, or board of county commissioners that was~~	58023
~~entered into on or before June 1, 2005, the ability or obligation~~	58024
~~of the municipal corporation, township, or county to repay bonds,~~	58025
~~notes, or other financial obligations issued or entered into prior~~	58026
~~to January 1, 2006, will be impaired, including obligations to or~~	58027
~~of any other body corporate and politic with whom the legislative~~	58028
~~authority of the municipal corporation or board of township~~	58029
~~trustees or county commissioners has entered into an agreement~~	58030
~~pertaining to the use of service payments derived from the~~	58031
~~improvements exempted;~~	58032

~~(f) The portion of school district compensation value that~~	58033
~~was exempted from taxation for the preceding tax year pursuant to~~	58034
~~such an ordinance or resolution, if the ordinance or resolution is~~	58035
~~adopted prior to January 1, 2006, in a municipal corporation with~~	58036
~~a population that exceeds one hundred thousand, as shown by the~~	58037
~~most recent federal decennial census, that includes a major~~	58038
~~employment center and that is adjacent to historically distressed~~	58039
~~neighborhoods, if the legislative authority of the municipal~~	58040
~~corporation that exempted the property prepares an economic~~	58041
~~analysis that demonstrates that all taxes generated within the~~	58042
~~incentive district accruing to the state by reason of improvements~~	58043
~~constructed within the district during its existence exceed the~~	58044
~~amount the state pays the school district under section 3317.022~~	58045
~~of the Revised Code attributable to such property exemption from~~	58046
~~the school district's recognized valuation. The analysis shall be~~	58047
~~submitted to and approved by the department of development prior~~	58048
~~to January 1, 2006, and the department shall not unreasonably~~	58049
~~withhold approval.~~	58050

~~(g) The portion of school district compensation value that~~	58051
~~was exempted from taxation for the preceding tax year under such~~	58052
~~an ordinance or resolution, if the ordinance or resolution is~~	58053
~~adopted prior to January 1, 2006, and if service payments have~~	58054
~~been pledged to be used for mixed-use riverfront entertainment~~	58055
~~development in any county with a population that exceeds six~~	58056
~~hundred thousand, as shown by the most recent federal decennial~~	58057
~~census;~~	58058

~~(h) The portion of school district compensation value that~~	58059
~~was exempted from taxation for the preceding tax year under such~~	58060
~~an ordinance or resolution, if, prior to January 1, 2006, the~~	58061
~~legislative authority of a municipal corporation, board of~~	58062
~~township trustees, or board of county commissioners has pledged~~	58063
~~service payments for a designated transportation capacity project~~	58064
~~approved by the transportation review advisory council under~~	58065
~~Chapter 5512. of the Revised Code;~~	58066

~~(i) The portion of school district compensation value that~~	58067
~~was exempted from taxation for the preceding tax year under such~~	58068
~~an ordinance or resolution if the legislative authority of a~~	58069
~~municipal corporation, board of township trustees, or board of~~	58070
~~county commissioners have, by January 1, 2006, pledged proceeds~~	58071
~~for designated transportation improvement projects that involve~~	58072
~~federal funds for which the proceeds are used to meet a local~~	58073
~~share match requirement for such funding.~~	58074

~~As used in division (A)(6) of this section, "project" has the~~	58075
~~same meaning as in section 5709.40 of the Revised Code.~~	58076

~~(7) The aggregate value of real property in the school~~	58077
~~district for which an exemption from taxation is granted by an~~	58078
~~ordinance or resolution adopted on or after January 1, 2006, under~~	58079
~~Chapter 725. or 1728., sections 3735.65 to 3735.70, or section~~	58080
~~5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised~~	58081
~~Code, as indicated on the list of exempted property for the~~	58082
~~preceding tax year under section 5713.08 of the Revised Code and~~	58083
~~as if such property had been assessed for taxation that year,~~	58084
~~minus the product determined by multiplying (a) the aggregate~~	58085
~~value of the real property in the school district exempted from~~	58086
~~taxation for the preceding tax year under any of the chapters or~~	58087
~~sections specified in this division, by (b) a fraction, the~~	58088
~~numerator of which is the difference between (i) the amount of~~	58089
~~anticipated revenue such school district would have received for~~	58090
~~the preceding tax year if the real property exempted from taxation~~	58091
~~had not been exempted from taxation and (ii) the aggregate amount~~	58092
~~of payments in lieu of taxes on the exempt real property for the~~	58093
~~preceding tax year and other compensation received for the~~	58094
~~preceding tax year by the school district pursuant to any~~	58095
~~agreements entered into on or after January 1, 2006, under section~~	58096
~~5709.82 of the Revised Code between the school district and the~~	58097
~~legislative authority of a political subdivision that acted under~~	58098
~~the authority of a chapter or statute specified in this division,~~	58099
~~that were entered into in relation to such exemption, and the~~	58100
~~denominator of which is the amount of anticipated revenue such~~	58101
~~school district would have received in the preceding fiscal year~~	58102
~~if the real property exempted from taxation had not been exempted.~~	58103

(B) On or before the first day of May each year, the tax	58104
commissioner shall certify to the department of education and the	58105
office of budget and management the total taxable real property	58106
value of railroads and, separately, the total taxable tangible	58107
personal property value of all public utilities for the preceding	58108
tax year, by school district and by county of location.	58109

(C) If a public utility has properly and timely filed a	58110
petition for reassessment under section 5727.47 of the Revised	58111
Code with respect to an assessment issued under section 5727.23 of	58112
the Revised Code affecting taxable property apportioned by the tax	58113
commissioner to a school district, the taxable value of public	58114
utility tangible personal property included in the certification	58115
under divisions (A)(2) and (B) of this section for the school	58116
district shall include only the amount of taxable value on the	58117
basis of which the public utility paid tax for the preceding year	58118
as provided in division (B)(1) or (2) of section 5727.47 of the	58119
Revised Code.	58120

(D) If on the basis of the information certified under	58121
division (A) of this section, the department determines that any	58122
district fails in any year to meet the qualification requirement	58123
specified in division (A) of section 3317.01 of the Revised Code,	58124
the department shall immediately request the tax commissioner to	58125
determine the extent to which any school district income tax	58126
levied by the district under Chapter 5748. of the Revised Code	58127
shall be included in meeting that requirement. Within five days of	58128
receiving such a request from the department, the tax commissioner	58129
shall make the determination required by this division and report	58130
the quotient obtained under division (D)(3) of this section to the	58131
department and the office of budget and management. This quotient	58132
represents the number of mills that the department shall include	58133
in determining whether the district meets the qualification	58134
requirement of division (A) of section 3317.01 of the Revised	58135
Code.	58136

The tax commissioner shall make the determination required by	58137
this division as follows:	58138

(1) Multiply one mill times the total taxable value of the	58139
district as determined in divisions (A)(1) and (2) of this	58140
section;	58141

(2) Estimate the total amount of tax liability for the	58142
current tax year under taxes levied by Chapter 5748. of the	58143
Revised Code that are apportioned to current operating expenses of	58144
the district, excluding any income tax receipts allocated for the	58145
project cost, debt service, or maintenance set-aside associated	58146
with a state-assisted classroom facilities project as authorized	58147
by section 3318.052 of the Revised Code;	58148

(3) Divide the amount estimated under division (D)(2) of this	58149
section by the product obtained under division (D)(1) of this	58150
section.	58151

~~(E)(1) On or before June 1, 2006, and the first day of April~~	58152
~~of each year thereafter, the director of development shall report~~	58153
~~to the department of education, the tax commissioner, and the~~	58154
~~director of budget and management the total amounts of payments~~	58155
~~received by each city, local, exempted village, or joint~~	58156
~~vocational school district for the preceding tax year pursuant to~~	58157
~~division (D) of section 5709.40, division (D) of section 5709.73,~~	58158
~~division (C) of section 5709.78, or division (B)(1), (B)(2), (C),~~	58159
~~or (D) of section 5709.82 of the Revised Code in relation to~~	58160
~~exemptions from taxation granted pursuant to an ordinance adopted~~	58161
~~by the legislative authority of a municipal corporation under~~	58162
~~division (C) of section 5709.40 of the Revised Code, or a~~	58163
~~resolution adopted by a board of township trustees or board of~~	58164
~~county commissioners under division (C) of section 5709.73 or~~	58165
~~division (B) of section 5709.78 of the Revised Code, respectively.~~	58166
~~On or before April 1, 2006, and the first day of March of each~~	58167
~~year thereafter, the treasurer of each city, local, exempted~~	58168
~~village, or joint vocational school district that has entered into~~	58169
~~such an agreement shall report to the director of development the~~	58170
~~total amounts of such payments the district received for the~~	58171
~~preceding tax year as provided in this section. The state board of~~	58172
~~education, in accordance with sections 3319.31 and 3319.311 of the~~	58173
~~Revised Code, may suspend or revoke the license of a treasurer~~	58174
~~found to have willfully reported erroneous, inaccurate, or~~	58175
~~incomplete data under this division.~~	58176

~~(2) On or before April 1, 2007, and the first day of April of~~	58177
~~each year thereafter, the director of development shall report to~~	58178
~~the department of education, the tax commissioner, and the~~	58179
~~director of budget and management the total amounts of payments~~	58180
~~received by each city, local, exempted village, or joint~~	58181
~~vocational school district for the preceding tax year pursuant to~~	58182
~~divisions (B), (C), and (D) of section 5709.82 of the Revised Code~~	58183
~~in relation to exemptions from taxation granted pursuant to~~	58184
~~ordinances or resolutions adopted on or after January 1, 2006,~~	58185
~~under Chapter 725. or 1728., sections 3735.65 to 3735.70, or~~	58186
~~section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the~~	58187
~~Revised Code. On or before March 1, 2007, and the first day of~~	58188
~~March of each year thereafter, the treasurer of each city, local,~~	58189
~~exempted village, or joint vocational school district that has~~	58190
~~entered into such an agreement shall report to the director of~~	58191
~~development the total amounts of such payments the district~~	58192
~~received for the preceding tax year as provided by this section.~~	58193
~~The state board of education, in accordance with sections 3319.31~~	58194
~~and 3319.311 of the Revised Code, may suspend or revoke the~~	58195
~~license of a treasurer found to have willfully reported erroneous,~~	58196
~~inaccurate, or incomplete data under this division.~~	58197

Sec. 3317.022. (A) The department of education shall compute	58198
and distribute state core foundation funding to each eligible	58199
school district for the fiscal year, using the information	58200
obtained under section 3317.021 of the Revised Code in the	58201
calendar year in which the fiscal year begins, as prescribed in	58202
the following divisions:	58203

(1) An opportunity grant calculated according to the	58204
following formula:	58205

The formula amount X (formula ADM + preschool scholarship	58206
ADM) X the district's state share index	58207

(2) Targeted assistance funds calculated under divisions (A)	58208
and (B) of section 3317.0217 of the Revised Code;	58209

(3) Additional state aid for special education and related	58210
services provided under Chapter 3323. of the Revised Code	58211
calculated as the sum of the following:	58212

(a) The district's category one special education ADM X the	58213
amount specified in division (A) of section 3317.013 of the	58214
Revised Code X the district's state share index;	58215

(b) The district's category two special education ADM X the	58216
amount specified in division (B) of section 3317.013 of the	58217
Revised Code X the district's state share index;	58218

(c) The district's category three special education ADM X the	58219
amount specified in division (C) of section 3317.013 of the	58220
Revised Code X the district's state share index;	58221

(d) The district's category four special education ADM X the	58222
amount specified in division (D) of section 3317.013 of the	58223
Revised Code X the district's state share index;	58224

(e) The district's category five special education ADM X the	58225
amount specified in division (E) of section 3317.013 of the	58226
Revised Code X the district's state share index;	58227

(f) The district's category six special education ADM X the	58228
amount specified in division (F) of section 3317.013 of the	58229
Revised Code X the district's state share index.	58230

(4) Kindergarten through third grade literacy funds	58231
calculated according to the following formula:	58232

[($125, in fiscal year 2014, or $175, in fiscal year 2015) X	58233
formula ADM for grades kindergarten through three X the district's	58234
state share index] + [($86, in fiscal year 2014, or $115, in	58235
fiscal year 2015) X formula ADM for grades kindergarten through	58236
three]	58237

For purposes of this calculation, the department shall	58238
subtract from a district's formula ADM for grades kindergarten	58239
through three the number of students reported under division	58240
(B)(3)(e) of section 3317.03 of the Revised Code as enrolled in an	58241
internet- or computer-based community school who are in grades	58242
kindergarten through three.	58243

(5) Economically disadvantaged funds calculated according to	58244
the following formula:	58245

($269, in fiscal year 2014, or $272, in fiscal year 2015) X	58246
(the district's economically disadvantaged index) X the number of	58247
students who are economically disadvantaged as reported under	58248
division (B)(21) of section 3317.03 of the Revised Code	58249

(6) Limited English proficiency funds calculated as the sum	58250
of the following:	58251

(a) The district's category one limited English proficient	58252
ADM X the amount specified in division (A) of section 3317.016 of	58253
the Revised Code X the district's state share index;	58254

(b) The district's category two limited English proficient	58255
ADM X the amount specified in division (B) of section 3317.016 of	58256
the Revised Code X the district's state share index;	58257

(c) The district's category three limited English proficient	58258
ADM X the amount specified in division (C) of section 3317.016 of	58259
the Revised Code X the district's state share index.	58260

(7)(a) Gifted identification funds calculated according to	58261
the following formula:	58262

($5, in fiscal year 2014, or $5.05, in fiscal year 2015) X the	58263

district's formula ADM	58264

(b) Gifted unit funding calculated under section 3317.051 of	58265
the Revised Code.	58266

(8) Career-technical education funds calculated as the sum of	58267
the following:	58268

(a) The district's category one career-technical education	58269
ADM X the amount specified in division (A) of section 3317.014 of	58270
the Revised Code X the district's state share index;	58271

(b) The district's category two career-technical education	58272
ADM X the amount specified in division (B) of section 3317.014 of	58273
the Revised Code X the district's state share index;	58274

(c) The district's category three career-technical education	58275
ADM X the amount specified in division (C) of section 3317.014 of	58276
the Revised Code X the district's state share index;	58277

(d) The district's category four career-technical education	58278
ADM X the amount specified in division (D) of section 3317.014 of	58279
the Revised Code X the district's state share index;	58280

(e) The district's category five career-technical education	58281
ADM X the amount specified in division (E) of section 3317.014 of	58282
the Revised Code X the district's state share index.	58283

Payment of funds under division (A)(8) of this section is	58284
subject to approval under section 3317.161 of the Revised Code.	58285

(9) Career-technical education associated services funds	58286
calculated according to the following formula:	58287

The district's state share index X the amount for career-technical	58288
education associated services specified in section 3317.014 of the	58289
Revised Code X the sum of categories one through five	58290
career-technical education ADM	58291

(B) In any fiscal year, a school district shall spend for	58292
purposes that the department designates as approved for special	58293
education and related services expenses at least the amount	58294
calculated as follows:	58295

(The formula amount X the total special education ADM) + (the	58296
district's category one special education ADM X the amount	58297
specified in division (A) of section 3317.013 of the Revised Code)	58298
+ (the district's category two special education ADM X the amount	58299
specified in division (B) of section 3317.013 of the Revised Code)	58300
+ (the district's category three special education ADM X the	58301
amount specified in division (C) of section 3317.013 of the	58302
Revised Code) + (the district's category four special education	58303
ADM X the amount specified in division (D) of section 3317.013 of	58304
the Revised Code) + (the district's category five special	58305
education ADM X the amount specified in division (E) of section	58306
3317.013 of the Revised Code) + (the district's category six	58307
special education ADM X the amount specified in division (F) of	58308
section 3317.013 of the Revised Code)	58309

The purposes approved by the department for special education	58310
expenses shall include, but shall not be limited to,	58311
identification of children with disabilities, compliance with	58312
state rules governing the education of children with disabilities	58313
and prescribing the continuum of program options for children with	58314
disabilities, provision of speech language pathology services, and	58315
the portion of the school district's overall administrative and	58316
overhead costs that are attributable to the district's special	58317
education student population.	58318

The scholarships deducted from the school district's account	58319
under sections 3310.41 and 3310.55 of the Revised Code shall be	58320
considered to be an approved special education and related	58321
services expense for the purpose of the school district's	58322
compliance with this division.	58323

(C) In any fiscal year, a school district receiving funds	58324
under division (A)(8) of this section shall spend those funds only	58325
for the purposes that the department designates as approved for	58326
career-technical education expenses. Career-technical educational	58327
expenses approved by the department shall include only expenses	58328
connected to the delivery of career-technical programming to	58329
career-technical students. The department shall require the school	58330
district to report data annually so that the department may	58331
monitor the district's compliance with the requirements regarding	58332
the manner in which funding received under division (A)(8) of this	58333
section may be spent.	58334

(D) In any fiscal year, a school district receiving funds	58335
under division (A)(9) of this section, or through a transfer of	58336
funds pursuant to division (I) of section 3317.023 of the Revised	58337
Code, shall spend those funds only for the purposes that the	58338
department designates as approved for career-technical education	58339
associated services expenses, which may include such purposes as	58340
apprenticeship coordinators, coordinators for other	58341
career-technical education services, career-technical evaluation,	58342
and other purposes designated by the department. The department	58343
may deny payment under division (A)(9) of this section to any	58344
district that the department determines is not operating those	58345
services or is using funds paid under division (A)(9) of this	58346
section, or through a transfer of funds pursuant to division (I)	58347
of section 3317.023 of the Revised Code, for other purposes.	58348

(E) All funds received under division (A)(8) of this section	58349
shall be spent in the following manner:	58350

(1) At least seventy-five per cent of the funds shall be	58351
spent on curriculum development, purchase, and implementation;	58352
instructional resources and supplies; industry-based program	58353
certification; student assessment, credentialing, and placement;	58354
curriculum specific equipment purchases and leases;	58355
career-technical student organization fees and expenses; home and	58356
agency linkages; work-based learning experiences; professional	58357
development; and other costs directly associated with	58358
career-technical education programs including development of new	58359
programs.	58360

(2) Not more than twenty-five per cent of the funds shall be	58361
used for personnel expenditures.	58362

(F) A school district shall spend the funds it receives under	58363
division (A)(5) of this section in accordance with section 3317.25	58364
of the Revised Code.	58365

Sec. 3317.023. (A) The amounts required to be paid to a	58366
district under this chapter shall be adjusted by the amount of the	58367
computations made under divisions (B) to (K) of this section.	58368

As used in this section:

58369

(1) "~~VEPD~~CTPD" means a school district or group of school	58370
districts designated by the department of education as being	58371
responsible for the planning for and provision of ~~vocational~~	58372
career-technical education services to students within the	58373
district or group. A community school established under Chapter	58374
3314. of the Revised Code or a STEM school established under	58375
Chapter 3326. of the Revised Code that is serving students in any	58376
of grades seven through twelve shall be assigned to a	58377
career-technical planning district by the department.	58378

(2) "Lead district" means a school district, including a	58379
joint vocational school district, designated by the department as	58380
a ~~VEPD~~CTPD, or designated to provide primary ~~vocational~~	58381
career-technical education leadership within a ~~VEPD~~CTPD composed	58382
of a group of districts, community schools assigned to the CTPD,	58383
and STEM schools assigned to the CTPD.	58384

(B) If a local ~~school district, or a~~, city, or exempted	58385
village school district to which a governing board of an	58386
educational service center provides services pursuant to an	58387
agreement entered into under section 3313.843 of the Revised Code,	58388
deduct the amount of the payment required for the reimbursement of	58389
the governing board under that section ~~3317.11 of the Revised~~	58390
~~Code~~.	58391

(C)(1) If the district is required to pay to or entitled to	58392
receive tuition from another school district under division (C)(2)	58393
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	58394
or if the superintendent of public instruction is required to	58395
determine the correct amount of tuition and make a deduction or	58396
credit under section 3317.08 of the Revised Code, deduct and	58397
credit such amounts as provided in division (J) of section 3313.64	58398
or section 3317.08 of the Revised Code.	58399

(2) For each child for whom the district is responsible for	58400
tuition or payment under division (A)(1) of section 3317.082 or	58401
section 3323.091 of the Revised Code, deduct the amount of tuition	58402
or payment for which the district is responsible.	58403

(D) If the district has been certified by the superintendent	58404
of public instruction under section 3313.90 of the Revised Code as	58405
not in compliance with the requirements of that section, deduct an	58406
amount equal to ten per cent of the amount computed for the	58407
district under this chapter.	58408

(E) If the district has received a loan from a commercial	58409
lending institution for which payments are made by the	58410
superintendent of public instruction pursuant to division (E)(3)	58411
of section 3313.483 of the Revised Code, deduct an amount equal to	58412
such payments.	58413

(F)(1) If the district is a party to an agreement entered	58414
into under division (D), (E), or (F) of section 3311.06 or	58415
division (B) of section 3311.24 of the Revised Code and is	58416
obligated to make payments to another district under such an	58417
agreement, deduct an amount equal to such payments if the district	58418
school board notifies the department in writing that it wishes to	58419
have such payments deducted.	58420

(2) If the district is entitled to receive payments from	58421
another district that has notified the department to deduct such	58422
payments under division (F)(1) of this section, add the amount of	58423
such payments.	58424

(G) If the district is required to pay an amount of funds to	58425
a cooperative education district pursuant to a provision described	58426
by division (B)(4) of section 3311.52 or division (B)(8) of	58427
section 3311.521 of the Revised Code, deduct such amounts as	58428
provided under that provision and credit those amounts to the	58429
cooperative education district for payment to the district under	58430
division (B)(1) of section 3317.19 of the Revised Code.	58431

(H)(1) If a district is educating a student entitled to	58432
attend school in another district pursuant to a shared education	58433
contract, compact, or cooperative education agreement other than	58434
an agreement entered into pursuant to section 3313.842 of the	58435
Revised Code, credit to that educating district on an FTE basis	58436
both of the following:	58437

(a) An amount equal to the formula amount.

58438

(b) AnAny amount ~~equal to $5,732 times the state share~~	58439
~~percentage times any multiple~~ applicable to the student ~~for fiscal~~	58440
~~year 2009~~ pursuant to section 3317.013 or 3317.014 of the Revised	58441
Code~~, as those sections existed for that fiscal year~~.	58442

(2) Deduct any amount credited pursuant to division (H)(1) of	58443
this section from amounts paid to the school district in which the	58444
student is entitled to attend school pursuant to section 3313.64	58445
or 3313.65 of the Revised Code.	58446

(3) If the district is required by a shared education	58447
contract, compact, or cooperative education agreement to make	58448
payments to an educational service center, deduct the amounts from	58449
payments to the district and add them to the amounts paid to the	58450
service center pursuant to section 3317.11 of the Revised Code.	58451

(I)(1) If a district, including a joint vocational school	58452
district, is a lead district of a ~~VEPD~~CTPD, credit to that	58453
district the ~~following amounts~~amount calculated for ~~all the~~each	58454
school ~~districts~~district within that ~~VEPD:~~	58455

~~(a) In any fiscal year except fiscal year 2012 or 2013, the~~	58456
~~amount computed under division (D)(2) of section 3317.022 of the~~	58457
~~Revised Code;~~	58458

~~(b) In fiscal years 2012 and 2013, an amount equal to the~~	58459
~~following:~~	58460

~~state share percentage X .05 X $5,732 X~~	58461

~~the sum of categories one~~	58462

~~and two vocational education ADM~~ CTPD under division (A)(9) of	58463
section 3317.022 of the Revised Code or division (A)(6) of section	58464
3317.16 of the Revised Code, as applicable.	58465

(2) Deduct from each appropriate district that is not a lead	58466
district, the amount attributable to that district that is	58467
credited to a lead district under division (I)(1) of this section.	58468

(J) If the department pays a joint vocational school district	58469
under division ~~(G)(4)~~(C)(3) of section 3317.16 of the Revised Code	58470
for excess costs of providing special education and related	58471
services to a student with a disability, as calculated under	58472
division ~~(G)(2)~~(C)(1) of that section, the department shall	58473
deduct the amount of that payment from the city, local, or	58474
exempted village school district that is responsible as specified	58475
in that section for the excess costs.	58476

(K)(1) If the district reports an amount of excess cost for	58477
special education services for a child under division (C) of	58478
section 3323.14 of the Revised Code, the department shall pay that	58479
amount to the district.	58480

(2) If the district reports an amount of excess cost for	58481
special education services for a child under division (C) of	58482
section 3323.14 of the Revised Code, the department shall deduct	58483
that amount from the district of residence of that child.	58484

Sec. 3317.0212. ~~The department of education shall make no~~	58485
~~payments under this section for fiscal year 2012 or 2013.~~	58486

(A) As used in this section:

58487

(1) ~~"Assigned bus" means a school bus used to transport~~	58488
~~qualifying riders.~~	58489

~~(2) "Nontraditional ridership" means the average number of~~	58490
~~qualifying riders who are enrolled in a community school~~	58491
~~established under Chapter 3314. of the Revised Code, in a STEM~~	58492
~~school established under Chapter 3326. of the Revised Code, or in~~	58493
~~a nonpublic school and are provided school bus service by a school~~	58494
~~district during the first full week of October.~~	58495

~~(3)~~ "Qualifying riders" means resident students enrolled in	58496
regular education in grades kindergarten to twelve who are	58497
provided school bus service by a school district and who live more	58498
than one mile from the school they attend, including students with	58499
dual enrollment in a joint vocational school district or a	58500
cooperative education school district, and students enrolled in a	58501
community school, STEM school, or nonpublic school.	58502

~~(4)~~(2) "Qualifying ridership" means the average number of	58503
qualifying riders who are provided school bus service by a school	58504
district during the first full week of October.	58505

~~(5)~~(3) "Rider density" means the ~~number of qualifying riders~~	58506
total ADM per square mile of a school district.	58507

~~(6)~~(4) "School bus service" means a school district's	58508
transportation of qualifying riders in any of the following types	58509
of vehicles:	58510

(a) School buses owned or leased by the district;

58511

(b) School buses operated by a private contractor hired by	58512
the district;	58513

(c) School buses operated by another school district or	58514
entity with which the district has contracted, either as part of a	58515
consortium for the provision of transportation or otherwise.	58516

(B) Not later than the fifteenth day of October each year,	58517
each city, local, and exempted village school district shall	58518
report to the department of education its qualifying ridership,	58519
~~nontraditional ridership, number of qualifying riders per assigned~~	58520
~~bus,~~ and any other information requested by the department.	58521
Subsequent adjustments to the reported numbers shall be made only	58522
in accordance with rules adopted by the department.	58523

(C) The department shall calculate the statewide	58524
transportation cost per student as follows:	58525

(1) Determine each city, local, and exempted village school	58526
district's transportation cost per student by dividing the	58527
district's total costs for school bus service in the previous	58528
fiscal year by its qualifying ridership in the previous fiscal	58529
year.	58530

(2) After excluding districts that do not provide school bus	58531
service and the ten districts with the highest transportation	58532
costs per student and the ten districts with the lowest	58533
transportation costs per student, divide the aggregate cost for	58534
school bus service for the remaining districts in the previous	58535
fiscal year by the aggregate qualifying ridership of those	58536
districts in the previous fiscal year.	58537

(D) The department shall calculate the statewide	58538
transportation cost per mile as follows:	58539

(1) Determine each city, local, and exempted village school	58540
district's transportation cost per mile by dividing the district's	58541
total costs for school bus service in the previous fiscal year by	58542
its total number of miles driven for school bus service in the	58543
previous fiscal year.	58544

(2) After excluding districts that do not provide school bus	58545
service and the ten districts with the highest transportation	58546
costs per mile and the ten districts with the lowest	58547
transportation costs per mile, divide the aggregate cost for	58548
school bus service for the remaining districts in the previous	58549
fiscal year by the aggregate miles driven for school bus service	58550
in those districts in the previous fiscal year.	58551

(E) The department shall calculate each city, local, and	58552
exempted village school district's transportation ~~base~~ payment as	58553
follows:	58554

(1) Multiply the statewide transportation cost per student by	58555
the district's qualifying ridership for the current fiscal year.	58556

(2) Multiply the statewide transportation cost per mile by	58557
the district's total number of miles driven for school bus service	58558
in the current fiscal year.	58559

(3) Multiply the greater of the amounts calculated under	58560
divisions (E)(1) and (2) of this section by the greater of sixty	58561
per cent or the district's state share ~~percentage~~index, as	58562
defined in section 3317.02 of the Revised Code.	58563

(F) ~~The department shall calculate each city, local, and~~	58564
~~exempted village school district's nontraditional ridership~~	58565
~~adjustment according to the following formula:~~	58566

~~(nontraditional ridership for the current fiscal year /~~	58567

~~qualifying ridership for the current fiscal year) X 0.1 X~~	58568

~~transportation base payment~~	58569

~~(G) If a city, local, or exempted village school district~~	58570
~~offers school bus service to all resident students who are~~	58571
~~enrolled in regular education in district schools in grades nine~~	58572
~~to twelve and who live more than one mile from the school they~~	58573
~~attend, the department shall calculate the district's high school~~	58574
~~ridership adjustment according to the following formula:~~	58575

~~0.025 X transportation base payment~~	58576

~~(H) If a city, local, or exempted village school district~~	58577
~~offers school bus service to students enrolled in grades~~	58578
~~kindergarten to eight who live more than one mile, but two miles~~	58579
~~or less, from the school they attend, the department shall~~	58580
~~calculate an additional adjustment according to the following~~	58581
~~formula:~~	58582

~~0.025 X transportation base payment~~	58583

~~(I)(1) The department annually shall establish a target~~	58584
~~number of qualifying riders per assigned bus for each city, local,~~	58585
~~and exempted village school district. The department shall use the~~	58586
~~most recently available data in establishing the target number.~~	58587
~~The target number shall be based on the statewide median number of~~	58588
~~qualifying riders per assigned bus as adjusted to reflect the~~	58589
~~district's rider density in comparison to the rider density of all~~	58590
~~other districts. The department shall post on the department's web~~	58591
~~site each district's target number of qualifying riders per~~	58592
~~assigned bus and a description of how the target number was~~	58593
~~determined.~~	58594

~~(2) The department shall determine each school district's~~	58595
~~efficiency index by dividing the district's median number of~~	58596
~~qualifying riders per assigned bus by its target number of~~	58597
~~qualifying riders per assigned bus.~~	58598

~~(3) The department shall determine each city, local, and~~	58599
~~exempted village school district's efficiency adjustment as~~	58600
~~follows:~~	58601

~~(a) If the district's efficiency index is equal to or greater~~	58602
~~than 1.5, the efficiency adjustment shall be calculated according~~	58603
~~to the following formula:~~	58604

~~0.1 X transportation base payment~~	58605

~~(b) If the district's efficiency index is less than 1.5 but~~	58606
~~equal to or greater than 1.0, the efficiency adjustment shall be~~	58607
~~calculated according to the following formula:~~	58608

~~[(efficiency index – 1) / 5] X transportation base payment~~	58609

~~(c) If the district's efficiency index is less than 1.0, the~~	58610
~~efficiency adjustment shall be zero.~~	58611

~~(J) The department shall pay each city, local, and exempted~~	58612
~~village school district the lesser of the following:~~	58613

~~(1) The sum of the amounts calculated under divisions (E) to~~	58614
~~(H) and (I)(3) of this section;~~	58615

~~(2) The district's total costs for school bus service for the~~	58616
~~prior fiscal year.~~	58617

~~(K)~~ In addition to funds paid under division ~~(J)~~(E) of this	58618
section, each city, local, and exempted village district shall	58619
receive in accordance with rules adopted by the state board of	58620
education a payment for students transported by means other than	58621
school bus service and whose transportation is not funded under	58622
division (C) of section 3317.024 of the Revised Code. The rules	58623
shall include provisions for school district reporting of such	58624
students.	58625

(G)(1) In fiscal years 2014 and 2015, the department shall	58626
pay each district a pro rata portion of the amounts calculated	58627
under division (E) of this section and described in division (F)	58628
of this section, based on state appropriations.	58629

(2) In addition to the prorated payment under division (G)(1)	58630
of this section, in fiscal years 2014 and 2015, the department	58631
shall pay each school district that meets the conditions	58632
prescribed in division (G)(3) of this section an additional amount	58633
equal to the difference of (a) the amounts calculated under	58634
division (E) of this section and prescribed in division (F) of	58635
this section minus (b) that prorated payment.	58636

(3) Division (G)(2) of this section applies to each school	58637
district that meets all of the following conditions:	58638

(a) The district qualifies for the calculation of a payment	58639
under division (E) of this section because it transports students	58640
on board-owned or contractor-owned school buses.	58641

(b) The district's state share index is greater than or equal	58642
to 0.50.	58643

(c) The district's rider density is at or below the median	58644
rider density of all districts that qualify for calculation of a	58645
payment under division (E) of this section.	58646

(H) Each city, local, and exempted village school district	58647
shall report all data used to calculate funding for transportation	58648
under this section through the education management information	58649
system pursuant to section 3301.0714 of the Revised Code.	58650

Sec. 3317.0213. (A) The department of education shall compute	58651
and pay in accordance with this section additional state aid for	58652
preschool special education children to each city, local, and	58653
exempted village school district and to each institution, as	58654
defined in section 3323.091 of the Revised Code. Funding shall be	58655
provided for children who are not enrolled in kindergarten and who	58656
are under age six on the thirtieth day of September of the	58657
academic year, or on the first day of August of the academic year	58658
if the school district in which the child is enrolled has adopted	58659
a resolution under division (A)(3) of section 3321.01 of the	58660
Revised Code, but not less than age three on the first day of	58661
December of the academic year.	58662

The additional state aid shall be calculated under the	58663
following formula:	58664

($4,000 X the number of preschool special education children)	58665
+ the sum of the following:	58666

(1) The district's or institution's category one special	58667
education preschool students X the amount specified in division	58668
(A) of section 3317.013 of the Revised Code X the district's state	58669
share index X 0.50;	58670

(2) The district's or institution's category two special	58671
education preschool students X the amount specified in division	58672
(B) of section 3317.013 of the Revised Code X the district's state	58673
share index X 0.50;	58674

(3) The district's or institution's category three special	58675
education preschool students X the amount specified in division	58676
(C) of section 3317.013 of the Revised Code X the district's state	58677
share index X 0.50;	58678

(4) The district's or institution's category four special	58679
education preschool students X the amount specified in division	58680
(D) of section 3317.013 of the Revised Code X the district's state	58681
share index X 0.50;	58682

(5) The district's or institution's category five special	58683
education preschool students X the amount specified in division	58684
(E) of section 3317.013 of the Revised Code X the district's state	58685
share index X 0.50;	58686

(6) The district's or institution's category six special	58687
education preschool students X the amount specified in division	58688
(F) of section 3317.013 of the Revised Code X the district's state	58689
share index X 0.50.	58690

The special education disability categories for preschool	58691
children used in this section are the same categories prescribed	58692
in section 3317.013 of the Revised Code.	58693

As used in division (A) of this section, the state share	58694
index of a student enrolled in an institution is the state share	58695
index of the school district in which the student is entitled to	58696
attend school under section 3313.64 or 3313.65 of the Revised	58697
Code.	58698

(B) If an educational service center is providing services to	58699
preschool special education students under agreement with the	58700
city, local, or exempted village school district in which the	58701
students are entitled to attend school, that district may	58702
authorize the department to transfer funds computed under this	58703
section to the service center providing those services.	58704

(C) If a county DD board is providing services to preschool	58705
special education students under agreement with the city, local,	58706
or exempted village school district in which the students are	58707
entitled to attend school, the department shall deduct from the	58708
district's payment computed under division (A) of this section the	58709
total amount of those funds that are attributable to the students	58710
served by the county DD board and pay that amount to that board.	58711

Sec. 3317.0214. (A) The department shall compute and pay in	58712
accordance with this section additional state aid to school	58713
districts for students in categories two through six special	58714
education ADM. If a district's costs for the fiscal year for a	58715
student in its categories two through six special education ADM	58716
exceed the threshold catastrophic cost for serving the student,	58717
the district may submit to the superintendent of public	58718
instruction documentation, as prescribed by the superintendent, of	58719
all its costs for that student. Upon submission of documentation	58720
for a student of the type and in the manner prescribed, the	58721
department shall pay to the district an amount equal to the sum of	58722
the following:	58723

(1) One-half of the district's costs for the student in	58724
excess of the threshold catastrophic cost;	58725

(2) The product of one-half of the district's costs for the	58726
student in excess of the threshold catastrophic cost multiplied by	58727
the district's state share index.	58728

(B) For purposes of division (A) of this section, the	58729
threshold catastrophic cost for serving a student equals:	58730

(1) For a student in the school district's category two,	58731
three, four, or five special education ADM, twenty-seven thousand	58732
three hundred seventy-five dollars;	58733

(2) For a student in the district's category six special	58734
education ADM, thirty-two thousand eight hundred fifty dollars.	58735

(C) The district shall report under division (A) of this	58736
section, and the department shall pay for, only the costs of	58737
educational expenses and the related services provided to the	58738
student in accordance with the student's individualized education	58739
program. Any legal fees, court costs, or other costs associated	58740
with any cause of action relating to the student may not be	58741
included in the amount.	58742

Sec. 3317.0217. Payment of the amount calculated for a school	58743
district under this section shall be made under division (A) of	58744
section 3317.022 of the Revised Code.	58745

(A) The department of education shall annually compute	58746
targeted assistance funds to school districts, as follows:	58747

(1) Calculate the local wealth per pupil of each school	58748
district, which equals the following sum:	58749

(a) One-half times the quotient of (i) the district's	58750
three-year average valuation divided by (ii) its formula ADM; plus	58751

(b) One-half times the quotient of (i) the average of the	58752
total federal adjusted gross income of the school district's	58753
residents for the three years most recently reported under section	58754
3317.021 of the Revised Code divided by (ii) its formula ADM.	58755

(2) Rank all school districts in order of local wealth per	58756
pupil, from the district with the lowest local wealth per pupil to	58757
the district with the highest local wealth per pupil.	58758

(3) Compute the statewide wealth per pupil, which equals the	58759
following sum:	58760

(a) One-half times the quotient of (i) the sum of the	58761
three-year average valuations for all school districts divided by	58762
(ii) the sum of formula ADM counts for all schools districts; plus	58763

(b) One-half times the quotient of (i) the sum of the	58764
three-year average total federal adjusted gross incomes for all	58765
school districts divided by (ii) the sum of formula ADM counts for	58766
all school districts.	58767

(4) Compute each district's wealth index by dividing the	58768
statewide wealth per pupil by the district's local wealth per	58769
pupil.	58770

(5) Compute the per pupil targeted assistance for each	58771
eligible school district in accordance with the following formula:	58772

(Threshold local wealth per pupil - the district's local wealth	58773
per pupil)	58774

X target millage X the district's wealth index	58775

Where:

58776

(a) An "eligible school district" means a school district	58777
with a local wealth per pupil less than that of the school	58778
district with the 490th lowest local wealth per pupil.	58779

(b) "Threshold local wealth per pupil" means the local wealth	58780
per pupil of the school district with the 490th lowest local	58781
wealth per pupil.	58782

58783

If the result of the calculation for a school district under	58784
division (A)(5) of this section is less than zero, the district's	58785
targeted assistance shall be zero.	58786

(6) Calculate the aggregate amount to be paid as targeted	58787
assistance funds to each school district under division (A) of	58788
section 3317.022 of the Revised Code by multiplying the per pupil	58789
targeted assistance computed under division (A)(5) of this section	58790
by the district's net formula ADM.	58791

As used in this division, a district's "net formula ADM"	58792
means its formula ADM minus the number of community school	58793
students reported under division (B)(3)(d) of section 3317.03 of	58794
the Revised Code X 0.75, the number of internet- and	58795
computer-based community school students reported under division	58796
(B)(3)(e) of that section, and the number of scholarship students	58797
reported under divisions (B)(3)(f), (g), and (l) of that section.	58798

(B) The department shall annually compute supplemental	58799
targeted assistance funds to school districts, as follows:	58800

(1) Compute each district's agricultural percentage as the	58801
quotient of (a) the three-year average tax valuation of real	58802
property in the district that is classified as agricultural	58803
property divided by (b) the three-year average tax valuation of	58804
all of the real property in the district. For purposes of this	58805
computation, a district's "three-year average tax valuation" means	58806
the average of a district's tax valuation for fiscal years 2012,	58807
2013, and 2014.	58808

(2) Determine each district's agricultural targeted	58809
percentage as follows:	58810

(a) If a district's agricultural percentage is greater than	58811
or equal to 0.10, then the district's agricultural targeted	58812
percentage shall be equal to 0.40.	58813

(b) If a district's agricultural percentage is less than	58814
0.10, then the district's agricultural targeted percentage shall	58815
be equal to 4 X the district's agricultural percentage.	58816

(3) Calculate the aggregate amount to be paid as supplemental	58817
targeted assistance funds to each school district under division	58818
(A) of section 3317.022 of the Revised Code by multiplying the	58819
district's agricultural targeted percentage by the amount	58820
calculated for the district under division (A)(6) of this section.	58821

Sec. 3317.03. (A) The superintendent of each city, local,	58822
and exempted village school district ~~and of each educational~~	58823
~~service center~~ shall~~, for the schools under the superintendent's~~	58824
~~supervision,~~ certify to the state board of education on or before	58825
the fifteenth day of October in each year for the first full	58826
school week in October the average daily membership of students	58827
receiving services from schools under the superintendent's	58828
supervision, and the numbers of other students entitled to attend	58829
school in the district under section 3313.64 or 3313.65 of the	58830
Revised Code the superintendent is required to report under this	58831
section, so that the department of education can calculate the	58832
district's formula ADM. If a school under the superintendent's	58833
supervision is closed for one or more days during that week due to	58834
hazardous weather conditions or other circumstances described in	58835
the first paragraph of division (B) of section 3317.01 of the	58836
Revised Code, the superintendent may apply to the superintendent	58837
of public instruction for a waiver, under which the superintendent	58838
of public instruction may exempt the district superintendent from	58839
certifying the average daily membership for that school for that	58840
week and specify an alternate week for certifying the average	58841
daily membership of that school.	58842

The average daily membership during such week shall consist	58843
of the sum of the following:	58844

(1) On an FTE basis, the number of students in grades	58845
kindergarten through twelve receiving any educational services	58846
from the district, except that the following categories of	58847
students shall not be included in the determination:	58848

(a) Students enrolled in adult education classes;

58849

(b) Adjacent or other district students enrolled in the	58850
district under an open enrollment policy pursuant to section	58851
3313.98 of the Revised Code;	58852

(c) Students receiving services in the district pursuant to a	58853
compact, cooperative education agreement, or a contract, but who	58854
are entitled to attend school in another district pursuant to	58855
section 3313.64 or 3313.65 of the Revised Code;	58856

(d) Students for whom tuition is payable pursuant to sections	58857
3317.081 and 3323.141 of the Revised Code;	58858

(e) Students receiving services in the district through a	58859
scholarship awarded under either section 3310.41 or sections	58860
3310.51 to 3310.64 of the Revised Code.	58861

(2) On an FTE basis, the number of students entitled to	58862
attend school in the district pursuant to section 3313.64 or	58863
3313.65 of the Revised Code, but receiving educational services in	58864
grades kindergarten through twelve from one or more of the	58865
following entities:	58866

(a) A community school pursuant to Chapter 3314. of the	58867
Revised Code, including any participation in a college pursuant to	58868
Chapter 3365. of the Revised Code while enrolled in such community	58869
school;	58870

(b) An alternative school pursuant to sections 3313.974 to	58871
3313.979 of the Revised Code as described in division (I)(2)(a) or	58872
(b) of this section;	58873

(c) A college pursuant to Chapter 3365. of the Revised Code,	58874
except when the student is enrolled in the college while also	58875
enrolled in a community school pursuant to Chapter 3314. or a	58876
science, technology, engineering, and mathematics school	58877
established under Chapter 3326. of the Revised Code;	58878

(d) An adjacent or other school district under an open	58879
enrollment policy adopted pursuant to section 3313.98 of the	58880
Revised Code;	58881

(e) An educational service center or cooperative education	58882
district;	58883

(f) Another school district under a cooperative education	58884
agreement, compact, or contract;	58885

(g) A chartered nonpublic school with a scholarship paid	58886
under section 3310.08 of the Revised Code, if the students	58887
qualified for the scholarship under section 3310.03 of the Revised	58888
Code;	58889

(h) An alternative public provider or a registered private	58890
provider with a scholarship awarded under either section 3310.41	58891
or sections 3310.51 to 3310.64 of the Revised Code.	58892

As used in this section, "alternative public provider" and	58893
"registered private provider" have the same meanings as in section	58894
3310.41 or 3310.51 of the Revised Code, as applicable.	58895

(i) A science, technology, engineering, and mathematics	58896
school established under Chapter 3326. of the Revised Code,	58897
including any participation in a college pursuant to Chapter 3365.	58898
of the Revised Code while enrolled in the school;	58899

(j) A college-preparatory boarding school established under	58900
Chapter 3328. of the Revised Code.	58901

(3) The number of students enrolled in a joint vocational	58902
school district or under a ~~vocational~~career-technical education	58903
compact, excluding any students entitled to attend school in the	58904
district under section 3313.64 or 3313.65 of the Revised Code who	58905
are enrolled in another school district through an open enrollment	58906
policy as reported under division (A)(2)(d) of this section and	58907
then enroll in a joint vocational school district or under a	58908
~~vocational~~career-technical education compact;	58909

~~(4) The number of children with disabilities, other than~~	58910
~~preschool children with disabilities, entitled to attend school in~~	58911
~~the district pursuant to section 3313.64 or 3313.65 of the Revised~~	58912
~~Code who are placed by the district with a county DD board, minus~~	58913
~~the number of such children placed with a county DD board in~~	58914
~~fiscal year 1998. If this calculation produces a negative number,~~	58915
~~the number reported under division (A)(4) of this section shall be~~	58916
~~zero~~.	58917

(B) To enable the department of education to obtain the data	58918
needed to complete the calculation of payments pursuant to this	58919
chapter, in addition to the average daily membership, each	58920
superintendent shall report separately the following student	58921
counts for the same week for which average daily membership is	58922
certified:	58923

(1) The total average daily membership in regular learning	58924
day classes included in the report under division (A)(1) or (2) of	58925
this section for each of the individual grades kindergarten	58926
through twelve in schools under the superintendent's supervision;	58927

(2) The number of all preschool children with disabilities	58928
enrolled as of the first day of December in classes in the	58929
district ~~that are~~for whom the district is eligible ~~for approval~~	58930
to receive funding under ~~division (B) of~~ section ~~3317.05~~3317.0213	58931
of the Revised Code and the number of those classes, which shall	58932
be reported not later than the fifteenth day of December, in	58933
accordance with ~~rules adopted under that~~the disability categories	58934
prescribed in section 3317.013 of the Revised Code;	58935

(3) The number of children entitled to attend school in the	58936
district pursuant to section 3313.64 or 3313.65 of the Revised	58937
Code who are:	58938

(a) Participating in a pilot project scholarship program	58939
established under sections 3313.974 to 3313.979 of the Revised	58940
Code as described in division (I)(2)(a) or (b) of this section;	58941

(b) Enrolled in a college under Chapter 3365. of the Revised	58942
Code, except when the student is enrolled in the college while	58943
also enrolled in a community school pursuant to Chapter 3314. or a	58944
science, technology, engineering, and mathematics school	58945
established under Chapter 3326. of the Revised Code;	58946

(c) Enrolled in an adjacent or other school district under	58947
section 3313.98 of the Revised Code;	58948

(d) Enrolled in a community school established under Chapter	58949
3314. of the Revised Code that is not an internet- or	58950
computer-based community school as defined in section 3314.02 of	58951
the Revised Code, including any participation in a college	58952
pursuant to Chapter 3365. of the Revised Code while enrolled in	58953
such community school;	58954

(e) Enrolled in an internet- or computer-based community	58955
school, as defined in section 3314.02 of the Revised Code,	58956
including any participation in a college pursuant to Chapter 3365.	58957
of the Revised Code while enrolled in the school;	58958

(f) Enrolled in a chartered nonpublic school with a	58959
scholarship paid under section 3310.08 of the Revised Code and who	58960
qualified for the scholarship under section 3310.03 of the Revised	58961
Code;	58962

(g) Enrolled in kindergarten through grade twelve in an	58963
alternative public provider or a registered private provider with	58964
a scholarship awarded under section 3310.41 of the Revised Code;	58965

(h) Enrolled as a preschool child with a disability in an	58966
alternative public provider or a registered private provider with	58967
a scholarship awarded under section 3310.41 of the Revised Code;	58968

(i) Participating in a program operated by a county DD board	58969
or a state institution;	58970

(j) Enrolled in a science, technology, engineering, and	58971
mathematics school established under Chapter 3326. of the Revised	58972
Code, including any participation in a college pursuant to Chapter	58973
3365. of the Revised Code while enrolled in the school;	58974

(k) Enrolled in a college-preparatory boarding school	58975
established under Chapter 3328. of the Revised Code;	58976

(l) Enrolled in an alternative public provider or a	58977
registered private provider with a scholarship awarded under	58978
sections 3310.51 to 3310.64 of the Revised Code.	58979

(4) The number of pupils enrolled in joint vocational	58980
schools;	58981

(5) The combined average daily membership of children with	58982
disabilities reported under division (A)(1) or (2) of this section	58983
receiving special education services for the category one	58984
disability described in division (A) of section 3317.013 of the	58985
Revised Code, including children attending a special education	58986
program operated by an alternative public provider or a registered	58987
private provider with a scholarship awarded under sections 3310.51	58988
to 3310.64 of the Revised Code;	58989

(6) The combined average daily membership of children with	58990
disabilities reported under division (A)(1) or (2) of this section	58991
receiving special education services for category two disabilities	58992
described in division (B) of section 3317.013 of the Revised Code,	58993
including children attending a special education program operated	58994
by an alternative public provider or a registered private provider	58995
with a scholarship awarded under sections 3310.51 to 3310.64 of	58996
the Revised Code;	58997

(7) The combined average daily membership of children with	58998
disabilities reported under division (A)(1) or (2) of this section	58999
receiving special education services for category three	59000
disabilities described in division (C) of section 3317.013 of the	59001
Revised Code, including children attending a special education	59002
program operated by an alternative public provider or a registered	59003
private provider with a scholarship awarded under sections 3310.51	59004
to 3310.64 of the Revised Code;	59005

(8) The combined average daily membership of children with	59006
disabilities reported under division (A)(1) or (2) of this section	59007
receiving special education services for category four	59008
disabilities described in division (D) of section 3317.013 of the	59009
Revised Code, including children attending a special education	59010
program operated by an alternative public provider or a registered	59011
private provider with a scholarship awarded under sections 3310.51	59012
to 3310.64 of the Revised Code;	59013

(9) The combined average daily membership of children with	59014
disabilities reported under division (A)(1) or (2) of this section	59015
receiving special education services for the category five	59016
disabilities described in division (E) of section 3317.013 of the	59017
Revised Code, including children attending a special education	59018
program operated by an alternative public provider or a registered	59019
private provider with a scholarship awarded under sections 3310.51	59020
to 3310.64 of the Revised Code;	59021

(10) The combined average daily membership of children with	59022
disabilities reported under division (A)(1) or (2) and under	59023
division (B)(3)(h) of this section receiving special education	59024
services for category six disabilities described in division (F)	59025
of section 3317.013 of the Revised Code, including children	59026
attending a special education program operated by an alternative	59027
public provider or a registered private provider with a	59028
scholarship awarded under either section 3310.41 or sections	59029
3310.51 to 3310.64 of the Revised Code;	59030

(11) The average daily membership of pupils reported under	59031
division (A)(1) or (2) of this section enrolled in category one	59032
~~vocational~~career-technical education programs or classes,	59033
described in division (A) of section 3317.014 of the Revised Code,	59034
operated by the school district or by another district that is a	59035
member of the district's career-technical planning district, other	59036
than a joint vocational school district, or by an educational	59037
service center, ~~excluding any student reported under division~~	59038
~~(B)(3)(e) of this section as enrolled in an internet- or~~	59039
~~computer-based community school,~~ notwithstanding division ~~(C)~~(H)	59040
of section 3317.02 of the Revised Code and division (C)(3) of this	59041
section;	59042

(12) The average daily membership of pupils reported under	59043
division (A)(1) or (2) of this section enrolled in category two	59044
~~vocational~~career-technical education programs or services,	59045
described in division (B) of section 3317.014 of the Revised Code,	59046
operated by the school district or another school district that is	59047
a member of the district's career-technical planning district,	59048
other than a joint vocational school district, or by an	59049
educational service center, ~~excluding any student reported under~~	59050
~~division (B)(3)(e) of this section as enrolled in an internet- or~~	59051
~~computer-based community school,~~ notwithstanding division ~~(C)~~(H)	59052
of section 3317.02 of the Revised Code and division (C)(3) of this	59053
section;	59054

~~Beginning with fiscal year 2010, vocational education ADM~~	59055
~~shall not be used to calculate a district's funding but shall be~~	59056
~~reported under divisions (B)(11) and (12) of this section for~~	59057
~~statistical purposes.~~	59058

(13) The average daily membership of pupils reported under	59059
division (A)(1) or (2) of this section enrolled in category three	59060
career-technical education programs or services, described in	59061
division (C) of section 3317.014 of the Revised Code, operated by	59062
the school district or another school district that is a member of	59063
the district's career-technical planning district, other than a	59064
joint vocational school district, or by an educational service	59065
center, notwithstanding division (H) of section 3317.02 of the	59066
Revised Code and division (C)(3) of this section;	59067

(14) The average daily membership of pupils reported under	59068
division (A)(1) or (2) of this section enrolled in category four	59069
career-technical education programs or services, described in	59070
division (D) of section 3317.014 of the Revised Code, operated by	59071
the school district or another school district that is a member of	59072
the district's career-technical planning district, other than a	59073
joint vocational school district, or by an educational service	59074
center, notwithstanding division (H) of section 3317.02 of the	59075
Revised Code and division (C)(3) of this section;	59076

(15) The average daily membership of pupils reported under	59077
division (A)(1) or (2) of this section enrolled in category five	59078
career-technical education programs or services, described in	59079
division (E) of section 3317.014 of the Revised Code, operated by	59080
the school district or another school district that is a member of	59081
the district's career-technical planning district, other than a	59082
joint vocational school district, or by an educational service	59083
center, notwithstanding division (H) of section 3317.02 of the	59084
Revised Code and division (C)(3) of this section;	59085

(16) The average daily membership of pupils reported under	59086
division (A)(1) or (2) of this section who are limited English	59087
proficient students described in division (A) of section 3317.016	59088
of the Revised Code, excluding any student reported under division	59089
(B)(3)(e) of this section as enrolled in an internet- or	59090
computer-based community school;	59091

(17) The average daily membership of pupils reported under	59092
division (A)(1) or (2) of this section who are limited English	59093
proficient students described in division (B) of section 3317.016	59094
of the Revised Code, excluding any student reported under division	59095
(B)(3)(e) of this section as enrolled in an internet- or	59096
computer-based community school;	59097

(18) The average daily membership of pupils reported under	59098
division (A)(1) or (2) of this section who are limited English	59099
proficient students described in division (C) of section 3317.016	59100
of the Revised Code, excluding any student reported under division	59101
(B)(3)(e) of this section as enrolled in an internet- or	59102
computer-based community school;	59103

(19) The average number of children transported by the school	59104
district on board-owned or contractor-owned and -operated buses,	59105
reported in accordance with rules adopted by the department of	59106
education;	59107

~~(14)~~(20)(a) The number of children, other than preschool	59108
children with disabilities, the district placed with a county DD	59109
board in fiscal year 1998;. Division (B)(20)(a) of this section	59110
does not apply after fiscal year 2013.	59111

(b) The number of children with disabilities, other than	59112
preschool children with disabilities, placed with a county DD	59113
board in the current fiscal year to receive special education	59114
services for the category one disability described in division (A)	59115
of section 3317.013 of the Revised Code;	59116

(c) The number of children with disabilities, other than	59117
preschool children with disabilities, placed with a county DD	59118
board in the current fiscal year to receive special education	59119
services for category two disabilities described in division (B)	59120
of section 3317.013 of the Revised Code;	59121

(d) The number of children with disabilities, other than	59122
preschool children with disabilities, placed with a county DD	59123
board in the current fiscal year to receive special education	59124
services for category three disabilities described in division (C)	59125
of section 3317.013 of the Revised Code;	59126

(e) The number of children with disabilities, other than	59127
preschool children with disabilities, placed with a county DD	59128
board in the current fiscal year to receive special education	59129
services for category four disabilities described in division (D)	59130
of section 3317.013 of the Revised Code;	59131

(f) The number of children with disabilities, other than	59132
preschool children with disabilities, placed with a county DD	59133
board in the current fiscal year to receive special education	59134
services for the category five disabilities described in division	59135
(E) of section 3317.013 of the Revised Code;	59136

(g) The number of children with disabilities, other than	59137
preschool children with disabilities, placed with a county DD	59138
board in the current fiscal year to receive special education	59139
services for category six disabilities described in division (F)	59140
of section 3317.013 of the Revised Code.	59141

(21) The number of students who are economically	59142
disadvantaged, as defined by the department, excluding any student	59143
reported under division (B)(3)(e) of this section as enrolled in	59144
an internet- or computer-based community school. A student shall	59145
not be categorically excluded from the number reported under	59146
division (B)(21) of this section based on anything other than	59147
family income.	59148

(C)(1) The average daily membership in divisions (B)(1) to	59149
(12) of this section shall be based upon the number of full-time	59150
equivalent students. The state board of education shall adopt	59151
rules defining full-time equivalent students and for determining	59152
the average daily membership therefrom for the purposes of	59153
divisions (A), (B), and (D) of this section. ~~Each student enrolled~~	59154
~~in kindergarten shall be counted as one full-time equivalent~~	59155
~~student regardless of whether the student is enrolled in a~~	59156
~~part-day or all-day kindergarten class.~~	59157

(2) A student enrolled in a community school established	59158
under Chapter 3314., a science, technology, engineering, and	59159
mathematics school established under Chapter 3326., or a	59160
college-preparatory boarding school established under Chapter	59161
3328. of the Revised Code shall be counted in the formula ADM and,	59162
if applicable, the category one, two, three, four, five, or six	59163
special education ADM of the school district in which the student	59164
is entitled to attend school under section 3313.64 or 3313.65 of	59165
the Revised Code for the same proportion of the school year that	59166
the student is counted in the enrollment of the community school,	59167
the science, technology, engineering, and mathematics school, or	59168
the college-preparatory boarding school for purposes of section	59169
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	59170
the number of students reported pursuant to division (B)(3)(d),	59171
(e), (j), or (k) of this section, the department may adjust the	59172
formula ADM of a school district to account for students entitled	59173
to attend school in the district under section 3313.64 or 3313.65	59174
of the Revised Code who are enrolled in a community school, a	59175
science, technology, engineering, and mathematics school, or a	59176
college-preparatory boarding school for only a portion of the	59177
school year.	59178

(3) No child shall be counted as more than a total of one	59179
child in the sum of the average daily memberships of a school	59180
district under division (A), divisions (B)(1) to ~~(12)~~(22), or	59181
division (D) of this section, except as follows:	59182

(a) A child with a disability described in section 3317.013	59183
of the Revised Code may be counted both in formula ADM and in	59184
category one, two, three, four, five, or six special education ADM	59185
and, if applicable, in category one or, two ~~vocational~~, three,	59186
four, or five career-technical education ADM. As provided in	59187
division ~~(C)~~(H) of section 3317.02 of the Revised Code, such a	59188
child shall be counted in category one, two, three, four, five, or	59189
six special education ADM in the same proportion that the child is	59190
counted in formula ADM.	59191

(b) A child enrolled in ~~vocational~~career-technical education	59192
programs or classes described in section 3317.014 of the Revised	59193
Code may be counted both in formula ADM and category one or, two	59194
~~vocational~~, three, four, or five career-technical education ADM	59195
and, if applicable, in category one, two, three, four, five, or	59196
six special education ADM. Such a child shall be counted in	59197
category one or, two ~~vocational~~, three, four, or five	59198
career-technical education ADM in the same proportion as the	59199
percentage of time that the child spends in the ~~vocational~~	59200
career-technical education programs or classes.	59201

(4) Based on the information reported under this section, the	59202
department of education shall determine the total student count,	59203
as defined in section 3301.011 of the Revised Code, for each	59204
school district.	59205

(D)(1) The superintendent of each joint vocational school	59206
district shall certify to the superintendent of public instruction	59207
on or before the fifteenth day of October in each year for the	59208
first full school week in October ~~the formula ADM, for purposes of~~	59209
~~section 3318.42 of the Revised Code and for any other purpose~~	59210
~~prescribed by law for which "formula ADM" of the joint vocational~~	59211
~~district is a factor~~the average daily membership. If a school	59212
operated by the joint vocational school district is closed for one	59213
or more days during that week due to hazardous weather conditions	59214
or other circumstances described in the first paragraph of	59215
division (B) of section 3317.01 of the Revised Code, the	59216
superintendent may apply to the superintendent of public	59217
instruction for a waiver, under which the superintendent of public	59218
instruction may exempt the district superintendent from certifying	59219
the ~~formula ADM~~average daily membership for that school for that	59220
week and specify an alternate week for certifying the ~~formula ADM~~	59221
average daily membership of that school.	59222

The ~~formula ADM~~average daily membership, except as otherwise	59223
provided in this division, shall consist of the average daily	59224
membership during such week, on an FTE basis, of the number of	59225
students receiving any educational services from the district,	59226
including students enrolled in a community school established	59227
under Chapter 3314. or a science, technology, engineering, and	59228
mathematics school established under Chapter 3326. of the Revised	59229
Code who are attending the joint vocational district ~~under an~~	59230
~~agreement between the district board of education and the~~	59231
~~governing authority of the community school or the governing body~~	59232
~~of the science, technology, engineering, and mathematics school~~	59233
and are entitled to attend school in a city, local, or exempted	59234
village school district whose territory is part of the territory	59235
of the joint vocational district.	59236

The following categories of students shall not be included in	59237
the determination made under division (D)(1) of this section:	59238

(a) Students enrolled in adult education classes;

59239

(b) Adjacent or other district joint vocational students	59240
enrolled in the district under an open enrollment policy pursuant	59241
to section 3313.98 of the Revised Code;	59242

(c) Students receiving services in the district pursuant to a	59243
compact, cooperative education agreement, or a contract, but who	59244
are entitled to attend school in a city, local, or exempted	59245
village school district whose territory is not part of the	59246
territory of the joint vocational district;	59247

(d) Students for whom tuition is payable pursuant to sections	59248
3317.081 and 3323.141 of the Revised Code.	59249

(2) To enable the department of education to obtain the data	59250
needed to complete the calculation of payments pursuant to this	59251
chapter, in addition to the ~~formula~~ ADM, each superintendent shall	59252
report separately the average daily membership included in the	59253
report under division (D)(1) of this section for each of the	59254
following categories of students for the same week for which	59255
~~formula~~ ADM is certified:	59256

(a) Students enrolled in each individual grade included in	59257
the joint vocational district schools;	59258

(b) Children with disabilities receiving special education	59259
services for the category one disability described in division (A)	59260
of section 3317.013 of the Revised Code;	59261

(c) Children with disabilities receiving special education	59262
services for the category two disabilities described in division	59263
(B) of section 3317.013 of the Revised Code;	59264

(d) Children with disabilities receiving special education	59265
services for category three disabilities described in division (C)	59266
of section 3317.013 of the Revised Code;	59267

(e) Children with disabilities receiving special education	59268
services for category four disabilities described in division (D)	59269
of section 3317.013 of the Revised Code;	59270

(f) Children with disabilities receiving special education	59271
services for the category five disabilities described in division	59272
(E) of section 3317.013 of the Revised Code;	59273

(g) Children with disabilities receiving special education	59274
services for category six disabilities described in division (F)	59275
of section 3317.013 of the Revised Code;	59276

(h) Students receiving category one ~~vocational~~	59277
career-technical education services, described in division (A) of	59278
section 3317.014 of the Revised Code;	59279

(i) Students receiving category two ~~vocational~~	59280
career-technical education services, described in division (B) of	59281
section 3317.014 of the Revised Code;	59282

(j) Students receiving category three career-technical	59283
education services, described in division (C) of section 3317.014	59284
of the Revised Code;	59285

(k) Students receiving category four career-technical	59286
education services, described in division (D) of section 3317.014	59287
of the Revised Code;	59288

(l) Students receiving category five career-technical	59289
education services, described in division (E) of section 3317.014	59290
of the Revised Code;	59291

(m) Limited English proficient students described in division	59292
(A) of section 3317.016 of the Revised Code;	59293

(n) Limited English proficient students described in division	59294
(B) of section 3317.016 of the Revised Code;	59295

(o) Limited English proficient students described in division	59296
(C) of section 3317.016 of the Revised Code;	59297

(p) Students who are economically disadvantaged, as defined	59298
by the department. A student shall not be categorically excluded	59299
from the number reported under division (D)(2)(p) of this section	59300
based on anything other than family income.	59301

The superintendent of each joint vocational school district	59302
shall also indicate the city, local, or exempted village school	59303
district in which each joint vocational district pupil is entitled	59304
to attend school pursuant to section 3313.64 or 3313.65 of the	59305
Revised Code.	59306

(E) In each school of each city, local, exempted village,	59307
joint vocational, and cooperative education school district there	59308
shall be maintained a record of school membership, which record	59309
shall accurately show, for each day the school is in session, the	59310
actual membership enrolled in regular day classes. For the purpose	59311
of determining average daily membership, the membership figure of	59312
any school shall not include any pupils except those pupils	59313
described by division (A) of this section. The record of	59314
membership for each school shall be maintained in such manner that	59315
no pupil shall be counted as in membership prior to the actual	59316
date of entry in the school and also in such manner that where for	59317
any cause a pupil permanently withdraws from the school that pupil	59318
shall not be counted as in membership from and after the date of	59319
such withdrawal. There shall not be included in the membership of	59320
any school any of the following:	59321

(1) Any pupil who has graduated from the twelfth grade of a	59322
public or nonpublic high school;	59323

(2) Any pupil who is not a resident of the state;

59324

(3) Any pupil who was enrolled in the schools of the district	59325
during the previous school year when assessments were administered	59326
under section 3301.0711 of the Revised Code but did not take one	59327
or more of the assessments required by that section and was not	59328
excused pursuant to division (C)(1) or (3) of that section;	59329

(4) Any pupil who has attained the age of twenty-two years,	59330
except for veterans of the armed services whose attendance was	59331
interrupted before completing the recognized twelve-year course of	59332
the public schools by reason of induction or enlistment in the	59333
armed forces and who apply for reenrollment in the public school	59334
system of their residence not later than four years after	59335
termination of war or their honorable discharge.	59336

If, however, any veteran described by division (E)(4) of this	59337
section elects to enroll in special courses organized for veterans	59338
for whom tuition is paid under the provisions of federal laws, or	59339
otherwise, that veteran shall not be included in average daily	59340
membership.	59341

Notwithstanding division (E)(3) of this section, the	59342
membership of any school may include a pupil who did not take an	59343
assessment required by section 3301.0711 of the Revised Code if	59344
the superintendent of public instruction grants a waiver from the	59345
requirement to take the assessment to the specific pupil and a	59346
parent is not paying tuition for the pupil pursuant to section	59347
3313.6410 of the Revised Code. The superintendent may grant such a	59348
waiver only for good cause in accordance with rules adopted by the	59349
state board of education.	59350

Except as provided in divisions (B)(2) and (F) of this	59351
section, the average daily membership figure of any local, city,	59352
exempted village, or joint vocational school district shall be	59353
determined by dividing the figure representing the sum of the	59354
number of pupils enrolled during each day the school of attendance	59355
is actually open for instruction during the week for which the	59356
average daily membership is being certified by the total number of	59357
days the school was actually open for instruction during that	59358
week. For purposes of state funding, "enrolled" persons are only	59359
those pupils who are attending school, those who have attended	59360
school during the current school year and are absent for	59361
authorized reasons, and those children with disabilities currently	59362
receiving home instruction.	59363

The average daily membership figure of any cooperative	59364
education school district shall be determined in accordance with	59365
rules adopted by the state board of education.	59366

(F)(1) ~~If the formula ADM for the first full school week in~~	59367
~~February is at least three per cent greater than that certified~~	59368
~~for the first full school week in the preceding October, the~~	59369
~~superintendent of schools of any city, exempted village, or joint~~	59370
~~vocational school district or educational service center shall~~	59371
~~certify such increase to the superintendent of public instruction.~~	59372
~~Such certification shall be submitted no later than the fifteenth~~	59373
~~day of February. For the balance of the fiscal year, beginning~~	59374
~~with the February payments, the superintendent of public~~	59375
~~instruction shall use the increased formula ADM in calculating or~~	59376
~~recalculating the amounts to be allocated in accordance with~~	59377
~~section 3317.022 or 3317.16 of the Revised Code. In no event shall~~	59378
~~the superintendent use an increased membership certified to the~~	59379
~~superintendent after the fifteenth day of February. Division~~	59380
~~(F)(1) of this section does not apply after fiscal year 2006.~~	59381

~~(2) If on the first school day of April the total number of~~	59382
~~classes or units for preschool children with disabilities that are~~	59383
~~eligible for approval under division (B) of section 3317.05 of the~~	59384
~~Revised Code exceeds the number of units that have been approved~~	59385
~~for the year under that division, the superintendent of schools of~~	59386
~~any city, exempted village, or cooperative education school~~	59387
~~district or educational service center shall make the~~	59388
~~certifications required by this section for that day. If the~~	59389
~~department determines additional units can be approved for the~~	59390
~~fiscal year within any limitations set forth in the acts~~	59391
~~appropriating moneys for the funding of such units, the department~~	59392
~~shall approve additional units for the fiscal year on the basis of~~	59393
~~such average daily membership. For each unit so approved, the~~	59394
~~department shall pay an amount computed in the manner prescribed~~	59395
~~in section 3317.052 or 3317.19 and section 3317.053 of the Revised~~	59396
~~Code.~~	59397

~~(3)~~ If a student attending a community school under Chapter	59398
3314., a science, technology, engineering, and mathematics school	59399
established under Chapter 3326., or a college-preparatory boarding	59400
school established under Chapter 3328. of the Revised Code is not	59401
included in the formula ADM certified for the school district in	59402
which the student is entitled to attend school under section	59403
3313.64 or 3313.65 of the Revised Code, the department of	59404
education shall adjust the formula ADM of that school district to	59405
include the student in accordance with division (C)(2) of this	59406
section, and shall recalculate the school district's payments	59407
under this chapter for the entire fiscal year on the basis of that	59408
adjusted formula ADM. This requirement applies regardless of	59409
whether the student was enrolled, as defined in division (E) of	59410
this section, in the community school, the science, technology,	59411
engineering, and mathematics school, or the college-preparatory	59412
boarding school during the week for which the formula ADM is being	59413
certified.	59414

~~(4)~~(2) If a student awarded an educational choice scholarship	59415
is not included in the formula ADM of the school district from	59416
which the department deducts funds for the scholarship under	59417
section 3310.08 of the Revised Code, the department shall adjust	59418
the formula ADM of that school district to include the student to	59419
the extent necessary to account for the deduction, and shall	59420
recalculate the school district's payments under this chapter for	59421
the entire fiscal year on the basis of that adjusted formula ADM.	59422
This requirement applies regardless of whether the student was	59423
enrolled, as defined in division (E) of this section, in the	59424
chartered nonpublic school, the school district, or a community	59425
school during the week for which the formula ADM is being	59426
certified.	59427

~~(5)~~(3) If a student awarded a scholarship under the Jon	59428
Peterson special needs scholarship program is not included in the	59429
formula ADM of the school district from which the department	59430
deducts funds for the scholarship under section 3310.55 of the	59431
Revised Code, the department shall adjust the formula ADM of that	59432
school district to include the student to the extent necessary to	59433
account for the deduction, and shall recalculate the school	59434
district's payments under this chapter for the entire fiscal year	59435
on the basis of that adjusted formula ADM. This requirement	59436
applies regardless of whether the student was enrolled, as defined	59437
in division (E) of this section, in an alternative public	59438
provider, a registered private provider, or the school district	59439
during the week for which the formula ADM is being certified.	59440

(G)(1)(a) The superintendent of an institution operating a	59441
special education program pursuant to section 3323.091 of the	59442
Revised Code shall, for the programs under such superintendent's	59443
supervision, certify to the state board of education, in the	59444
manner prescribed by the superintendent of public instruction,	59445
both of the following:	59446

(i) The average daily membership of all children with	59447
disabilities other than preschool children with disabilities	59448
receiving services at the institution for each category of	59449
disability described in divisions (A) to (F) of section 3317.013	59450
of the Revised Code;	59451

(ii) The average daily membership of all preschool children	59452
with disabilities in classes or programs ~~approved annually by the~~	59453
~~department of education for unit~~for whom the district is eligible	59454
to receive funding under section ~~3317.05~~3317.0213 of the Revised	59455
Code, reported according to the categories prescribed in section	59456
3317.013 of the Revised Code.	59457

(b) The superintendent of an institution with ~~vocational~~	59458
career-technical education units approved under ~~division (A) of~~	59459
section 3317.05 of the Revised Code shall, for the units under the	59460
superintendent's supervision, certify to the state board of	59461
education the average daily membership in those units, in the	59462
manner prescribed by the superintendent of public instruction.	59463

(2) The superintendent of each county DD board that maintains	59464
special education classes under section 3317.20 of the Revised	59465
Code or ~~units approved~~provides services to preschool children	59466
with disabilities pursuant to ~~section 3317.05 of the Revised Code~~	59467
an agreement between the DD board and the appropriate school	59468
district shall do both of the following:	59469

(a) Certify to the state board, in the manner prescribed by	59470
the board, the average daily membership in classes under section	59471
3317.20 of the Revised Code for each school district that has	59472
placed children in the classes;	59473

(b) Certify to the state board, in the manner prescribed by	59474
the board, the number of all preschool children with disabilities	59475
enrolled as of the first day of December in classes for which the	59476
DD board is eligible ~~for approval~~to receive funding under	59477
~~division (B) of~~ section ~~3317.05~~3317.0213 of the Revised Code,	59478
reported according to the categories prescribed in section	59479
3317.013 of the Revised Code, and the number of those classes.	59480

~~(3)(a) If on the first school day of April the number of~~	59481
~~classes or units maintained for preschool children with~~	59482
~~disabilities by the county DD board that are eligible for approval~~	59483
~~under division (B) of section 3317.05 of the Revised Code is~~	59484
~~greater than the number of units approved for the year under that~~	59485
~~division, the superintendent shall make the certification required~~	59486
~~by this section for that day.~~	59487

~~(b) If the department determines that additional classes or~~	59488
~~units can be approved for the fiscal year within any limitations~~	59489
~~set forth in the acts appropriating moneys for the funding of the~~	59490
~~classes and units described in division (G)(3)(a) of this section,~~	59491
~~the department shall approve and fund additional units for the~~	59492
~~fiscal year on the basis of such average daily membership. For~~	59493
~~each unit so approved, the department shall pay an amount computed~~	59494
~~in the manner prescribed in sections 3317.052 and 3317.053 of the~~	59495
~~Revised Code.~~	59496

(H) Except as provided in division (I) of this section, when	59497
any city, local, or exempted village school district provides	59498
instruction for a nonresident pupil whose attendance is	59499
unauthorized attendance as defined in section 3327.06 of the	59500
Revised Code, that pupil's membership shall not be included in	59501
that district's membership figure used in the calculation of that	59502
district's formula ADM or included in the determination of any	59503
~~unit~~funding approved for the district under section ~~3317.05~~	59504
3317.0213 of the Revised Code. The reporting official shall report	59505
separately the average daily membership of all pupils whose	59506
attendance in the district is unauthorized attendance, and the	59507
membership of each such pupil shall be credited to the school	59508
district in which the pupil is entitled to attend school under	59509
division (B) of section 3313.64 or section 3313.65 of the Revised	59510
Code as determined by the department of education.	59511

(I)(1) A city, local, exempted village, or joint vocational	59512
school district admitting a scholarship student of a pilot project	59513
district pursuant to division (C) of section 3313.976 of the	59514
Revised Code may count such student in its average daily	59515
membership.	59516

(2) In any year for which funds are appropriated for pilot	59517
project scholarship programs, a school district implementing a	59518
state-sponsored pilot project scholarship program that year	59519
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	59520
count in average daily membership:	59521

(a) All children residing in the district and utilizing a	59522
scholarship to attend kindergarten in any alternative school, as	59523
defined in section 3313.974 of the Revised Code;	59524

(b) All children who were enrolled in the district in the	59525
preceding year who are utilizing a scholarship to attend an	59526
alternative school.	59527

(J) The superintendent of each cooperative education school	59528
district shall certify to the superintendent of public	59529
instruction, in a manner prescribed by the state board of	59530
education, the applicable average daily memberships for all	59531
students in the cooperative education district, also indicating	59532
the city, local, or exempted village district where each pupil is	59533
entitled to attend school under section 3313.64 or 3313.65 of the	59534
Revised Code.	59535

(K) If the superintendent of public instruction determines	59536
that a component of the average daily membership certified or	59537
reported by a district superintendent, or other reporting entity,	59538
is not correct, the superintendent of public instruction may order	59539
that the formula ADM used for the purposes of payments under any	59540
section of Title XXXIII of the Revised Code be adjusted in the	59541
amount of the error.	59542

Sec. 3317.032. ~~(A)~~ Each city, local, exempted village, and	59543
cooperative education school district, each educational service	59544
center, each county DD board, and each institution operating a	59545
special education program pursuant to section 3323.091 of the	59546
Revised Code shall, in accordance with procedures adopted by the	59547
state board of education, maintain a record of district membership	59548
of ~~both of the following:~~	59549

~~(1) All preschool children with disabilities in units~~	59550
~~approved under division (B) of section 3317.05 of the Revised~~	59551
~~Code;~~	59552

~~(2) All~~all preschool children with disabilities ~~who are not~~	59553
~~in units approved under division (B) of section 3317.05 of the~~	59554
~~Revised Code but~~ who are ~~otherwise~~ served by a special education	59555
program.	59556

~~(B) The superintendent of each district, board, or~~	59557
~~institution subject to division (A) of this section shall certify~~	59558
~~to the state board of education, in accordance with procedures~~	59559
~~adopted by that board, membership figures of all preschool~~	59560
~~children with disabilities whose membership is maintained under~~	59561
~~division (A)(2) of this section. The figures certified under this~~	59562
~~division shall be used in the determination of the ADM used to~~	59563
~~compute funds for educational service center governing boards~~	59564
~~under section 3317.11 of the Revised Code.~~	59565

Sec. 3317.05. (A) ~~For the purpose of calculating payments~~	59566
~~under sections 3317.052 and 3317.053 of the Revised Code, the~~The	59567
department of education shall determine for each institution, by	59568
the last day of January of each year and based on information	59569
certified under section 3317.03 of the Revised Code, the number of	59570
~~vocational~~career-technical education units or fractions of units	59571
approved by the department on the basis of standards and rules	59572
adopted by the state board of education. As used in this ~~division~~	59573
section, "institution" means an institution operated by a	59574
department specified in section 3323.091 of the Revised Code and	59575
that provides ~~vocational~~career-technical education programs under	59576
the supervision of the division of ~~vocational~~career-technical	59577
education of the department that meet the standards and rules for	59578
these programs, including licensure of professional staff involved	59579
in the programs, as established by the state board.	59580

(B) ~~For the purpose of calculating payments under sections~~	59581
~~3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the~~	59582
~~department shall determine, based on information certified under~~	59583
~~section 3317.03 of the Revised Code, the following by the last day~~	59584
~~of January of each year for each educational service center, for~~	59585
~~each school district, including each cooperative education school~~	59586
~~district, for each institution eligible for payment under section~~	59587
~~3323.091 of the Revised Code, and for each county DD board: the~~	59588
~~number of classes operated by the school district, service center,~~	59589
~~institution, or county DD board for preschool children with~~	59590
~~disabilities, or fraction thereof, including in the case of a~~	59591
~~district or service center that is a funding agent, classes taught~~	59592
~~by a licensed teacher employed by that district or service center~~	59593
~~under section 3313.841 of the Revised Code, approved annually by~~	59594
~~the department on the basis of standards and rules adopted by the~~	59595
~~state board.~~	59596

~~(C) For the purpose of calculating payments under sections~~	59597
~~3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the~~	59598
~~department shall determine, based on information certified under~~	59599
~~section 3317.03 of the Revised Code, the following by the last day~~	59600
~~of January of each year for each school district, including each~~	59601
~~cooperative education school district, for each institution~~	59602
~~eligible for payment under section 3323.091 of the Revised Code,~~	59603
~~and for each county DD board: the number of units for related~~	59604
~~services, as defined in section 3323.01 of the Revised Code, for~~	59605
~~preschool children with disabilities approved annually by the~~	59606
~~department on the basis of standards and rules adopted by the~~	59607
~~state board.~~	59608

~~(D)~~ All of the arithmetical calculations made under this	59609
section shall be carried to the second decimal place. The total	59610
number of units for ~~school districts, service centers, and~~	59611
institutions approved annually under this section shall not exceed	59612
the number of units included in the estimate of cost for these	59613
units and appropriations made for them by the general assembly.	59614

~~In the case of units for preschool children with disabilities~~	59615
~~described in division (B) of this section, the department shall~~	59616
~~approve only preschool units for children who are under age six on~~	59617
~~the thirtieth day of September of the academic year, or on the~~	59618
~~first day of August of the academic year if the school district in~~	59619
~~which the child is enrolled has adopted a resolution under~~	59620
~~division (A)(3) of section 3321.01 of the Revised Code, but not~~	59621
~~less than age three on the first day of December of the academic~~	59622
~~year, except that such a unit may include one or more children who~~	59623
~~are under age three or are age six or over on the applicable date,~~	59624
~~as reported under division (B)(2) or (G)(2)(b) of section 3317.03~~	59625
~~of the Revised Code, if such children have been admitted to the~~	59626
~~unit pursuant to rules of the state board. The number of units for~~	59627
~~county DD boards and institutions eligible for payment under~~	59628
~~section 3323.091 of the Revised Code approved under this section~~	59629
~~shall not exceed the number that can be funded with appropriations~~	59630
~~made for such purposes by the general assembly.~~	59631

~~No unit shall be approved under divisions (B) and (C) of this~~	59632
~~section unless a plan has been submitted and approved under~~	59633
~~Chapter 3323. of the Revised Code.~~	59634

(C) The department shall pay each institution approved for	59635
career-technical education units under division (A) of this	59636
section an amount for the total of all the units approved under	59637
that division. The amount for each unit shall be the sum of the	59638
minimum salary for the teacher of the unit, calculated on the	59639
basis of the teacher's training level and years of experience	59640
pursuant to the salary schedule prescribed in the version of	59641
section 3317.13 of the Revised Code in effect prior to July 1,	59642
2001, plus fifteen per cent of that minimum salary amount, and	59643
nine thousand five hundred ten dollars. Each institution that	59644
receives unit funds under this division annually shall report to	59645
the department on the delivery of services and the performance of	59646
students and any other information required by the department to	59647
evaluate the institution's career-technical education program.	59648

(D) For each unit allocated to an institution pursuant to	59649
division (A) of this section, the department, in addition to the	59650
amount specified in division (B) of this section, shall pay a	59651
supplemental unit allowance of $7,227.	59652

Sec. 3317.051. (A) As used in this section, "gifted unit	59653
ADM" means a school district's formula ADM minus the number of	59654
students reported by a district under divisions (A)(2)(a) and (i)	59655
of section 3317.03 of the Revised Code.	59656

(B) The department of education shall compute and pay to a	59657
school district funds based on units for services to students	59658
identified as gifted under Chapter 3324. of the Revised Code as	59659
prescribed by this section.	59660

(C) The department shall allocate gifted units for a school	59661
district as follows:	59662

(1) One gifted coordinator unit shall be allocated for every	59663
3,300 students in a district's gifted unit ADM, with a minimum of	59664
0.5 units and a maximum of 8 units allocated for the district.	59665

(2) One gifted intervention specialist unit shall be	59666
allocated for every 1,100 students in a district's gifted unit	59667
ADM, with a minimum of 0.3 units allocated for the district.	59668

(D) The department shall pay the following amount to a school	59669
district for gifted units:	59670

(1) In fiscal year 2014, $37,000 multiplied by the number of	59671
units allocated to a school district under division (C) of this	59672
section;	59673

(2) In fiscal year 2015, $37,370 multiplied by the number of	59674
units allocated to a school district under division (C) of this	59675
section.	59676

A school district shall use the funds it receives for units	59677
allocated under division (C)(1) of this section only for gifted	59678
coordinator services as prescribed by the department. Qualified	59679
personnel shall be employed by the district for this purpose on a	59680
full-time equivalency basis that corresponds to the number of	59681
units allocated to the district under division (C)(1) of this	59682
section.	59683

A school district shall use the funds it receives for units	59684
allocated under division (C)(2) of this section only for gifted	59685
intervention specialist services as prescribed by the department.	59686
Qualified personnel shall be employed by the district for this	59687
purpose on a full-time equivalency basis that corresponds to the	59688
number of units allocated to the district under division (C)(2) of	59689
this section.	59690

(E) A school district may assign gifted unit funding that it	59691
receives under division (D) of this section to another school	59692
district, an educational service center, a community school, or a	59693
STEM school as part of an arrangement to provide services to the	59694
district as follows:	59695

(1) Funds received for units allocated under division (C)(1)	59696
of this section may be assigned to a district, service center, or	59697
school that employs qualified gifted coordinators;	59698

(2) Funds received for units allocated under division (C)(2)	59699
of this section may be assigned to a district, service center, or	59700
school that employs qualified gifted intervention specialists.	59701

Sec. 3317.06. Moneys paid to school districts under division	59702
(E) of section 3317.024 of the Revised Code shall be used for the	59703
following independent and fully severable purposes:	59704

(A) To purchase such secular textbooks or ~~electronic~~	59705
~~textbooks~~digital texts as have been approved by the	59706
superintendent of public instruction for use in public schools in	59707
the state and to loan such textbooks or ~~electronic textbooks~~	59708
digital texts to pupils attending nonpublic schools within the	59709
district or to their parents and to hire clerical personnel to	59710
administer such lending program. Such loans shall be based upon	59711
individual requests submitted by such nonpublic school pupils or	59712
parents. Such requests shall be submitted to the school district	59713
in which the nonpublic school is located. Such individual requests	59714
for the loan of textbooks or ~~electronic textbooks~~digital texts	59715
shall, for administrative convenience, be submitted by the	59716
nonpublic school pupil or the pupil's parent to the nonpublic	59717
school, which shall prepare and submit collective summaries of the	59718
individual requests to the school district. As used in this	59719
section:	59720

(1) "Textbook" means any book or book substitute that a pupil	59721
uses as a consumable or nonconsumable text, text substitute, or	59722
text supplement in a particular class or program in the school the	59723
pupil regularly attends.	59724

(2) ~~"Electronic textbook"~~"Digital text" means ~~any~~a	59725
consumable book or book substitute that a student accesses through	59726
the use of a computer or other electronic medium or that is	59727
available through an internet-based provider of course content, or	59728
any other material that contributes to the learning process	59729
through electronic means.	59730

(B) To provide speech and hearing diagnostic services to	59731
pupils attending nonpublic schools within the district. Such	59732
service shall be provided in the nonpublic school attended by the	59733
pupil receiving the service.	59734

(C) To provide physician, nursing, dental, and optometric	59735
services to pupils attending nonpublic schools within the	59736
district. Such services shall be provided in the school attended	59737
by the nonpublic school pupil receiving the service.	59738

(D) To provide diagnostic psychological services to pupils	59739
attending nonpublic schools within the district. Such services	59740
shall be provided in the school attended by the pupil receiving	59741
the service.	59742

(E) To provide therapeutic psychological and speech and	59743
hearing services to pupils attending nonpublic schools within the	59744
district. Such services shall be provided in the public school, in	59745
nonpublic schools, in public centers, or in mobile units located	59746
on or off of the nonpublic premises. If such services are provided	59747
in the public school or in public centers, transportation to and	59748
from such facilities shall be provided by the school district in	59749
which the nonpublic school is located.	59750

(F) To provide guidance, counseling, and social work services	59751
to pupils attending nonpublic schools within the district. Such	59752
services shall be provided in the public school, in nonpublic	59753
schools, in public centers, or in mobile units located on or off	59754
of the nonpublic premises. If such services are provided in the	59755
public school or in public centers, transportation to and from	59756
such facilities shall be provided by the school district in which	59757
the nonpublic school is located.	59758

(G) To provide remedial services to pupils attending	59759
nonpublic schools within the district. Such services shall be	59760
provided in the public school, in nonpublic schools, in public	59761
centers, or in mobile units located on or off of the nonpublic	59762
premises. If such services are provided in the public school or in	59763
public centers, transportation to and from such facilities shall	59764
be provided by the school district in which the nonpublic school	59765
is located.	59766

(H) To supply for use by pupils attending nonpublic schools	59767
within the district such standardized tests and scoring services	59768
as are in use in the public schools of the state;	59769

(I) To provide programs for children who attend nonpublic	59770
schools within the district and are children with disabilities as	59771
defined in section 3323.01 of the Revised Code or gifted children.	59772
Such programs shall be provided in the public school, in nonpublic	59773
schools, in public centers, or in mobile units located on or off	59774
of the nonpublic premises. If such programs are provided in the	59775
public school or in public centers, transportation to and from	59776
such facilities shall be provided by the school district in which	59777
the nonpublic school is located.	59778

(J) To hire clerical personnel to assist in the	59779
administration of programs pursuant to divisions (B), (C), (D),	59780
(E), (F), (G), and (I) of this section and to hire supervisory	59781
personnel to supervise the providing of services and textbooks	59782
pursuant to this section.	59783

(K) To purchase or lease any secular, neutral, and	59784
nonideological computer application software designed to assist	59785
students in performing a single task or multiple related tasks,	59786
device management software, learning management software,	59787
site-licensing, digital video on demand (DVD), wide area	59788
connectivity and related technology as it relates to internet	59789
access, mathematics or science equipment and materials,	59790
instructional materials, and school library materials that are in	59791
general use in the public schools of the state and loan such items	59792
to pupils attending nonpublic schools within the district or to	59793
their parents, and to hire clerical personnel to administer the	59794
lending program. Only such items that are incapable of diversion	59795
to religious use and that are susceptible of loan to individual	59796
pupils and are furnished for the use of individual pupils shall be	59797
purchased and loaned under this division. As used in this section,	59798
"instructional materials" means prepared learning materials that	59799
are secular, neutral, and nonideological in character and are of	59800
benefit to the instruction of school children~~, and may include~~	59801
~~educational resources and services developed by the eTech Ohio~~	59802
~~commission~~.	59803

Mobile applications that are secular, neutral, and	59804
nonideological in character and that are purchased for less than	59805
ten dollars for instructional use shall be considered to be	59806
consumable and shall be distributed to students without the	59807
expectation that the applications must be returned.	59808

(L) To purchase or lease instructional equipment, including	59809
computer hardware and related equipment in general use in the	59810
public schools of the state, for use by pupils attending nonpublic	59811
schools within the district and to loan such items to pupils	59812
attending nonpublic schools within the district or to their	59813
parents, and to hire clerical personnel to administer the lending	59814
program. "Computer hardware and related equipment" includes	59815
desktop computers and workstations; laptop computers, computer	59816
tablets, and other mobile handheld devices; and their operating	59817
systems and accessories.	59818

(M) To purchase mobile units to be used for the provision of	59819
services pursuant to divisions (E), (F), (G), and (I) of this	59820
section and to pay for necessary repairs and operating costs	59821
associated with these units.	59822

(N) To reimburse costs the district incurred to store the	59823
records of a chartered nonpublic school that closes.	59824
Reimbursements under this division shall be made one time only for	59825
each chartered nonpublic school that closes.	59826

(O) To purchase life-saving medical or other emergency	59827
equipment for placement in nonpublic schools within the district	59828
or to maintain such equipment.	59829

Clerical and supervisory personnel hired pursuant to division	59830
(J) of this section shall perform their services in the public	59831
schools, in nonpublic schools, public centers, or mobile units	59832
where the services are provided to the nonpublic school pupil,	59833
except that such personnel may accompany pupils to and from the	59834
service sites when necessary to ensure the safety of the children	59835
receiving the services.	59836

All services provided pursuant to this section may be	59837
provided under contract with educational service centers, the	59838
department of health, city or general health districts, or private	59839
agencies whose personnel are properly licensed by an appropriate	59840
state board or agency.	59841

Transportation of pupils provided pursuant to divisions (E),	59842
(F), (G), and (I) of this section shall be provided by the school	59843
district from its general funds and not from moneys paid to it	59844
under division (E) of section 3317.024 of the Revised Code unless	59845
a special transportation request is submitted by the parent of the	59846
child receiving service pursuant to such divisions. If such an	59847
application is presented to the school district, it may pay for	59848
the transportation from moneys paid to it under division (E) of	59849
section 3317.024 of the Revised Code.	59850

No school district shall provide health or remedial services	59851
to nonpublic school pupils as authorized by this section unless	59852
such services are available to pupils attending the public schools	59853
within the district.	59854

Materials, equipment, computer hardware or software,	59855
textbooks, ~~electronic textbooks~~digital texts, and health and	59856
remedial services provided for the benefit of nonpublic school	59857
pupils pursuant to this section and the admission of pupils to	59858
such nonpublic schools shall be provided without distinction as to	59859
race, creed, color, or national origin of such pupils or of their	59860
teachers.	59861

No school district shall provide services, materials, or	59862
equipment that contain religious content for use in religious	59863
courses, devotional exercises, religious training, or any other	59864
religious activity.	59865

As used in this section, "parent" includes a person standing	59866
in loco parentis to a child.	59867

Notwithstanding section 3317.01 of the Revised Code, payments	59868
shall be made under this section to any city, local, or exempted	59869
village school district within which is located one or more	59870
nonpublic elementary or high schools and any payments made to	59871
school districts under division (E) of section 3317.024 of the	59872
Revised Code for purposes of this section may be disbursed without	59873
submission to and approval of the controlling board.	59874

The allocation of payments for materials, equipment,	59875
textbooks, ~~electronic textbooks~~digital texts, health services,	59876
and remedial services to city, local, and exempted village school	59877
districts shall be on the basis of the state board of education's	59878
estimated annual average daily membership in nonpublic elementary	59879
and high schools located in the district.	59880

Payments made to city, local, and exempted village school	59881
districts under this section shall be equal to specific	59882
appropriations made for the purpose. All interest earned by a	59883
school district on such payments shall be used by the district for	59884
the same purposes and in the same manner as the payments may be	59885
used.	59886

The department of education shall adopt guidelines and	59887
procedures under which such programs and services shall be	59888
provided, under which districts shall be reimbursed for	59889
administrative costs incurred in providing such programs and	59890
services, and under which any unexpended balance of the amounts	59891
appropriated by the general assembly to implement this section may	59892
be transferred to the auxiliary services personnel unemployment	59893
compensation fund established pursuant to section 4141.47 of the	59894
Revised Code. The department shall also adopt guidelines and	59895
procedures limiting the purchase and loan of the items described	59896
in division (K) of this section to items that are in general use	59897
in the public schools of the state, that are incapable of	59898
diversion to religious use, and that are susceptible to individual	59899
use rather than classroom use. Within thirty days after the end of	59900
each biennium, each board of education shall remit to the	59901
department all moneys paid to it under division (E) of section	59902
3317.024 of the Revised Code and any interest earned on those	59903
moneys that are not required to pay expenses incurred under this	59904
section during the biennium for which the money was appropriated	59905
and during which the interest was earned. If a board of education	59906
subsequently determines that the remittal of moneys leaves the	59907
board with insufficient money to pay all valid expenses incurred	59908
under this section during the biennium for which the remitted	59909
money was appropriated, the board may apply to the department of	59910
education for a refund of money, not to exceed the amount of the	59911
insufficiency. If the department determines the expenses were	59912
lawfully incurred and would have been lawful expenditures of the	59913
refunded money, it shall certify its determination and the amount	59914
of the refund to be made to the director of job and family	59915
services who shall make a refund as provided in section 4141.47 of	59916
the Revised Code.	59917

Each school district shall label materials, equipment,	59918
computer hardware or software, textbooks, and ~~electronic textbooks~~	59919
digital texts purchased or leased for loan to a nonpublic school	59920
under this section, acknowledging that they were purchased or	59921
leased with state funds under this section. However, a district	59922
need not label materials, equipment, computer hardware or	59923
software, textbooks, or ~~electronic textbooks~~digital texts that	59924
the district determines are consumable in nature or have a value	59925
of less than two hundred dollars.	59926

Sec. 3317.063. The superintendent of public instruction, in	59927
accordance with rules adopted by the department of education,	59928
shall annually reimburse each chartered nonpublic school for the	59929
actual mandated service administrative and clerical costs incurred	59930
by such school during the preceding school year in preparing,	59931
maintaining, and filing reports, forms, and records, and in	59932
providing such other administrative and clerical services that are	59933
not an integral part of the teaching process as may be required by	59934
state law or rule or by requirements duly promulgated by city,	59935
exempted village, or local school districts. The mandated service	59936
costs reimbursed pursuant to this section shall include, but are	59937
not limited to, the preparation, filing and maintenance of forms,	59938
reports, or records and other clerical and administrative services	59939
relating to state chartering or approval of the nonpublic school,	59940
pupil attendance, pupil health and health testing, transportation	59941
of pupils, federally funded education programs, pupil appraisal,	59942
pupil progress, educator licensure, unemployment and workers'	59943
compensation, transfer of pupils, and such other education related	59944
data which are now or hereafter shall be required of such	59945
nonpublic school by state law or rule, or by requirements of the	59946
state department of education, other state agencies, or city,	59947
exempted village, or local school districts.	59948

The reimbursement required by this section shall be for	59949
school years beginning on or after July 1, 1981.	59950

Each nonpublic school which seeks reimbursement pursuant to	59951
this section shall submit to the superintendent of public	59952
instruction an application together with such additional reports	59953
and documents as the department of education may require. Such	59954
application, reports, and documents shall contain such information	59955
as the department of education may prescribe in order to carry out	59956
the purposes of this section. No payment shall be made until the	59957
superintendent of public instruction has approved such	59958
application.	59959

Each nonpublic school which applies for reimbursement	59960
pursuant to this section shall maintain a separate account or	59961
system of accounts for the expenses incurred in rendering the	59962
required services for which reimbursement is sought. Such accounts	59963
shall contain such information as is required by the department of	59964
education and shall be maintained in accordance with rules adopted	59965
by the department of education.	59966

Reimbursement payments to a nonpublic school pursuant to this	59967
section shall not exceed an amount for each school year equal to	59968
three hundred ~~twenty-five~~sixty dollars per pupil enrolled in that	59969
nonpublic school.	59970

The superintendent of public instruction may, from time to	59971
time, examine any and all accounts and records of a nonpublic	59972
school which have been maintained pursuant to this section in	59973
support of an application for reimbursement, for the purpose of	59974
determining the costs to such school of rendering the services for	59975
which reimbursement is sought. If after such audit it is	59976
determined that any school has received funds in excess of the	59977
actual cost of providing such services, said school shall	59978
immediately reimburse the state in such excess amount.	59979

Any payments made to chartered nonpublic schools under this	59980
section may be disbursed without submission to and approval of the	59981
controlling board.	59982

Sec. 3317.08. A board of education may admit to its schools	59983
a child it is not required by section 3313.64 or 3313.65 of the	59984
Revised Code to admit, if tuition is paid for the child.	59985

Unless otherwise provided by law, tuition shall be computed	59986
in accordance with this section. A district's tuition charge for a	59987
school year shall be one of the following:	59988

(A) For any child, except a preschool child with a disability	59989
described in division (B) of this section, the quotient obtained	59990
by dividing the sum of the amounts described in divisions (A)(1)	59991
and (2) of this section by the district's formula ADM.	59992

(1) The district's total taxes charged and payable for	59993
current expenses for the tax year preceding the tax year in which	59994
the school year begins as certified under division (A)(3) of	59995
section 3317.021 of the Revised Code.	59996

(2) The district's total taxes collected for current expenses	59997
under a school district income tax adopted pursuant to section	59998
5748.03, 5748.08, or 5748.09 of the Revised Code that are	59999
disbursed to the district during the fiscal year, excluding any	60000
income tax receipts allocated for the project cost, debt service,	60001
or maintenance set-aside associated with a state-assisted	60002
classroom facilities project as authorized by section 3318.052 of	60003
the Revised Code. On or before the first day of June of each year,	60004
the tax commissioner shall certify the amount to be used in the	60005
calculation under this division for the next fiscal year to the	60006
department of education and the office of budget and management	60007
for each city, local, and exempted village school district that	60008
levies a school district income tax.	60009

(B) For any preschool child with a disability ~~not included in~~	60010
~~a unit approved under division (B) of section 3317.05 of the~~	60011
~~Revised Code~~, an amount computed for the school year as follows:	60012

(1) For each type of special education service provided to	60013
the child for whom tuition is being calculated, determine the	60014
amount of the district's operating expenses in providing that type	60015
of service to all preschool children with disabilities ~~not~~	60016
~~included in units approved under division (B) of section 3317.05~~	60017
~~of the Revised Code~~;	60018

(2) For each type of special education service for which	60019
operating expenses are determined under division (B)(1) of this	60020
section, determine the amount of such operating expenses that was	60021
paid from any state funds received under this chapter;	60022

(3) For each type of special education service for which	60023
operating expenses are determined under division (B)(1) of this	60024
section, divide the difference between the amount determined under	60025
division (B)(1) of this section and the amount determined under	60026
division (B)(2) of this section by the total number of preschool	60027
children with disabilities ~~not included in units approved under~~	60028
~~division (B) of section 3317.05 of the Revised Code~~ who received	60029
that type of service;	60030

(4) Determine the sum of the quotients obtained under	60031
division (B)(3) of this section for all types of special education	60032
services provided to the child for whom tuition is being	60033
calculated.	60034

The state board of education shall adopt rules defining the	60035
types of special education services and specifying the operating	60036
expenses to be used in the computation under this section.	60037

If any child for whom a tuition charge is computed under this	60038
section for any school year is enrolled in a district for only	60039
part of that school year, the amount of the district's tuition	60040
charge for the child for the school year shall be computed in	60041
proportion to the number of school days the child is enrolled in	60042
the district during the school year.	60043

Except as otherwise provided in division (J) of section	60044
3313.64 of the Revised Code, whenever a district admits a child to	60045
its schools for whom tuition computed in accordance with this	60046
section is an obligation of another school district, the amount of	60047
the tuition shall be certified by the treasurer of the board of	60048
education of the district of attendance, to the board of education	60049
of the district required to pay tuition for its approval and	60050
payment. If agreement as to the amount payable or the district	60051
required to pay the tuition cannot be reached, or the board of	60052
education of the district required to pay the tuition refuses to	60053
pay that amount, the board of education of the district of	60054
attendance shall notify the superintendent of public instruction.	60055
The superintendent shall determine the correct amount and the	60056
district required to pay the tuition and shall deduct that amount,	60057
if any, under division (D) of section 3317.023 of the Revised	60058
Code, from the district required to pay the tuition and add that	60059
amount to the amount allocated to the district attended under such	60060
division. The superintendent of public instruction shall send to	60061
the district required to pay the tuition an itemized statement	60062
showing such deductions at the time of such deduction.	60063

When a political subdivision owns and operates an airport,	60064
welfare, or correctional institution or other project or facility	60065
outside its corporate limits, the territory within which the	60066
facility is located is exempt from taxation by the school district	60067
within which such territory is located, and there are school age	60068
children residing within such territory, the political subdivision	60069
owning such tax exempt territory shall pay tuition to the district	60070
in which such children attend school. The tuition for these	60071
children shall be computed as provided for in this section.	60072

Sec. 3317.10. (A) On or before the first day of March of	60073
each year, the department of job and family services shall certify	60074
to the state board of education the unduplicated number of	60075
children ages five through seventeen residing in each school	60076
district and living in a family that, during the preceding	60077
October, participated in Ohio works first.	60078

The department of job and family services shall certify this	60079
information according to the school district of residence for each	60080
child. ~~Except as provided under division (B) of this section, the~~	60081
~~number of children so certified in any year shall be used by the~~	60082
~~department of education in calculating the distribution of moneys~~	60083
~~for the ensuing fiscal year as provided in section 3317.029 of the~~	60084
~~Revised Code.~~	60085

(B) Upon the transfer of part of the territory of one school	60086
district to the territory of one or more other school districts,	60087
the department of education may adjust the number of children	60088
certified under division (A) of this section for any district	60089
gaining or losing territory in such a transfer in order to take	60090
into account the effect of the transfer on the number of such	60091
children who reside in the district. Within sixty days of receipt	60092
of a request for information from the department of education, the	60093
department of job and family services shall provide any	60094
information the department of education determines is necessary to	60095
make such adjustments. ~~The department of education may use the~~	60096
~~adjusted number for any district for the applicable fiscal year,~~	60097
~~in lieu of the number certified for the district for that fiscal~~	60098
~~year under division (A) of this section, in the calculation of the~~	60099
~~distribution of moneys provided in section 3317.029 of the Revised~~	60100
~~Code.~~	60101

Sec. 3317.14. Any school district board of education or	60102
educational service center governing board participating in funds	60103
distributed under Chapter 3317. of the Revised Code shall annually	60104
adopt a teachers' salary schedule with provision for increments	60105
based upon training and years of service. Notwithstanding sections	60106
3317.13 and 3319.088 of the Revised Code, the board may establish	60107
its own service requirements and may grant service credit for such	60108
activities as teaching in public or nonpublic schools in this	60109
state or in another state, for service as an educational assistant	60110
other than as a classroom aide employed in accordance with section	60111
5107.541 of the Revised Code, and for service in the military or	60112
in an appropriate state or federal governmental agency, provided	60113
no teacher receives less than the amount required to be paid	60114
pursuant to section 3317.13 of the Revised Code and provided full	60115
credit for a minimum of five years of actual teaching and military	60116
experience as defined in division (A) of section 3317.13 of the	60117
Revised Code is given to each teacher.	60118

~~On the fifteenth day of October of each year, a copy of the~~	60119
~~salary schedule in effect on that date shall be filed by the board~~	60120
~~of education of each local school district with the educational~~	60121
~~service center superintendent, who thereupon shall certify to the~~	60122
~~treasurer of such local district the correct salary to be paid to~~	60123
~~each teacher in accordance with the adopted schedule.~~	60124

Each teacher who has completed training which would qualify	60125
such teacher for a higher salary bracket pursuant to this section	60126
shall file by the fifteenth day of September with the treasurer of	60127
the board of education or educational service center satisfactory	60128
evidence of the completion of such additional training. The	60129
treasurer shall then immediately place the teacher, pursuant to	60130
this section and section 3317.13 of the Revised Code, in the	60131
proper salary bracket in accordance with training and years of	60132
service before certifying such salary, training, and years of	60133
service to the superintendent of public instruction. No teacher	60134
shall be paid less than the salary to which such teacher is	60135
entitled pursuant to section 3317.13 of the Revised Code.	60136

Sec. 3317.141. The board of education of any city, exempted	60137
village, local, or joint vocational school district that is the	60138
recipient of moneys from a grant awarded under the federal race to	60139
the top program, Division (A), Title XIV, Sections 14005 and 14006	60140
of the "American Recovery and Reinvestment Act of 2009," Pub. L.	60141
No. 111-5, 123 Stat. 115, shall comply with this section in	60142
accordance with the timeline contained in the board's scope of	60143
work, as approved by the superintendent of public instruction, and	60144
shall not be subject to sections 3317.13 and 3317.14 of the	60145
Revised Code. The board of education of any other school district,	60146
and the governing board of each educational service center, shall	60147
comply with either this section or sections 3317.13 and 3317.14 of	60148
the Revised Code.	60149

(A) The board annually shall adopt a salary schedule for	60150
teachers based upon performance as described in division (B) of	60151
this section.	60152

(B) For purposes of the schedule, a board shall measure a	60153
teacher's performance by considering all of the following:	60154

(1) The level of license issued under section 3319.22 of the	60155
Revised Code that the teacher holds;	60156

(2) Whether the teacher is a highly qualified teacher, as	60157
defined in section 3319.074 of the Revised Code;	60158

(3) Ratings received by the teacher on performance	60159
evaluations conducted under section 3319.111 of the Revised Code.	60160

(C) The schedule shall provide for annual adjustments based	60161
on performance on the evaluations conducted under section 3319.111	60162
of the Revised Code. The annual performance-based adjustment for a	60163
teacher rated as accomplished shall be greater than the annual	60164
performance-based adjustment for a teacher rated as ~~proficient~~	60165
skilled.	60166

(D) The salary schedule adopted under this section may	60167
provide for additional compensation for teachers who agree to	60168
perform duties, not contracted for under a supplemental contract,	60169
that the employing board determines warrant additional	60170
compensation. Those duties may include, but are not limited to,	60171
assignment to a school building eligible for funding under Title I	60172
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	60173
6301 et seq.; assignment to a building in "school improvement"	60174
status under the "No Child Left Behind Act of 2001," as defined in	60175
section 3302.01 of the Revised Code; teaching in a grade level or	60176
subject area in which the board has determined there is a shortage	60177
within the district or service center; or assignment to a	60178
hard-to-staff school, as determined by the board.	60179

Sec. 3317.16. (A) The department of education shall compute	60180
and distribute state core foundation funding to each joint	60181
vocational school district for the fiscal year as prescribed in	60182
the following divisions:	60183

(1) An opportunity grant calculated according to the	60184
following formula:	60185

(The formula amount X formula ADM) - (0.0005 X the	60186

district's three-year average valuation)	60187

If the result of the calculation for a joint vocational	60188
school district under division (A)(1) of this section is less than	60189
zero, the joint vocational school district's opportunity grant	60190
shall be zero.	60191

(2) Additional state aid for special education and related	60192
services provided under Chapter 3323. of the Revised Code	60193
calculated as the sum of the following:	60194

(a) The district's category one special education ADM X the	60195
amount specified in division (A) of section 3317.013 of the	60196
Revised Code X the district's state share percentage;	60197

(b) The district's category two special education ADM X the	60198
amount specified in division (B) of section 3317.013 of the	60199
Revised Code X the district's state share percentage;	60200

(c) The district's category three special education ADM X the	60201
amount specified in division (C) of section 3317.013 of the	60202
Revised Code X the district's state share percentage;	60203

(d) The district's category four special education ADM X the	60204
amount specified in division (D) of section 3317.013 of the	60205
Revised Code X the district's state share percentage;	60206

(e) The district's category five special education ADM X the	60207
amount specified in division (E) of section 3317.013 of the	60208
Revised Code X the district's state share percentage;	60209

(f) The district's category six special education ADM X the	60210
amount specified in division (F) of section 3317.013 of the	60211
Revised Code X the district's state share percentage.	60212

(3) Economically disadvantaged funds calculated according to	60213
the following formula:	60214

($269, in fiscal year 2014, or $272, in fiscal year 2015) X	60215

(the district's economically disadvantaged index) X the number	60216

of students who are economically disadvantaged as reported under	60217

division (D)(2)(p) of section 3317.03 of the Revised Code	60218

(4) Limited English proficiency funds calculated as the sum	60219
of the following:	60220

(a) The district's category one limited English proficient	60221
ADM X the amount specified in division (A) of section 3317.016 of	60222
the Revised Code X the district's state share percentage;	60223

(b) The district's category two limited English proficient	60224
ADM X the amount specified in division (B) of section 3317.016 of	60225
the Revised Code X the district's state share percentage;	60226

(c) The district's category three limited English proficient	60227
ADM X the amount specified in division (C) of section 3317.016 of	60228
the Revised Code X the district's state share percentage.	60229

(5) Career-technical education funds calculated as the sum of	60230
the following:	60231

(a) The district's category one career-technical education	60232
ADM X the amount specified in division (A) of section 3317.014 of	60233
the Revised Code X the district's state share percentage;	60234

(b) The district's category two career-technical education	60235
ADM X the amount specified in division (B) of section 3317.014 of	60236
the Revised Code X the district's state share percentage;	60237

(c) The district's category three career-technical education	60238
ADM X the amount specified in division (C) of section 3317.014 of	60239
the Revised Code X the district's state share percentage;	60240

(d) The district's category four career-technical education	60241
ADM X the amount specified in division (D) of section 3317.014 of	60242
the Revised Code X the district's state share percentage;	60243

(e) The district's category five career-technical education	60244
ADM X the amount specified in division (E) of section 3317.014 of	60245
the Revised Code X the district's state share percentage.	60246

Payment of funds under division (A)(5) of this section is	60247
subject to approval under section 3317.161 of the Revised Code.	60248

(6) Career-technical education associated services funds	60249
calculated under the following formula:	60250

The district's state share percentage X the	60251

amount for career-technical education associated services	60252
specified in section 3317.014 of the Revised Code X the sum of	60253
categories one through five career-technical	60254

education ADM	60255

(B)(1) If a joint vocational school district's costs for a	60256
fiscal year for a student in its categories two through six	60257
special education ADM exceed the threshold catastrophic cost for	60258
serving the student, as specified in division (B) of section	60259
3317.0214 of the Revised Code, the district may submit to the	60260
superintendent of public instruction documentation, as prescribed	60261
by the superintendent, of all of its costs for that student. Upon	60262
submission of documentation for a student of the type and in the	60263
manner prescribed, the department shall pay to the district an	60264
amount equal to the sum of the following:	60265

(a) One-half of the district's costs for the student in	60266
excess of the threshold catastrophic cost;	60267

(b) The product of one-half of the district's costs for the	60268
student in excess of the threshold catastrophic cost multiplied by	60269
the district's state share percentage.	60270

(2) The district shall report under division (B)(1) of this	60271
section, and the department shall pay for, only the costs of	60272
educational expenses and the related services provided to the	60273
student in accordance with the student's individualized education	60274
program. Any legal fees, court costs, or other costs associated	60275
with any cause of action relating to the student may not be	60276
included in the amount.	60277

(C)(1) For each student with a disability receiving special	60278
education and related services under an individualized education	60279
program, as defined in section 3323.01 of the Revised Code, at a	60280
joint vocational district, the resident district or, if the	60281
student is enrolled in a community school, the community school	60282
shall be responsible for the amount of any costs of providing	60283
those special education and related services to that student that	60284
exceed the sum of the amount calculated for those services	60285
attributable to that student under division (A) of this section.	60286

Those excess costs shall be calculated by subtracting the sum	60287
of the following from the actual cost to provide special education	60288
and related services to the student:	60289

(a) The formula amount;

60290

(b) The amount specified in section 3317.013 of the Revised	60291
Code that is applicable to the student;	60292

60293

(2) The board of education of the joint vocational school	60294
district may report the excess costs calculated under division	60295
(C)(1) of this section to the department of education.	60296

(3) If the board of education of the joint vocational school	60297
district reports excess costs under division (C)(2) of this	60298
section, the department shall pay the amount of excess cost	60299
calculated under division (C)(2) of this section to the joint	60300
vocational school district and shall deduct that amount as	60301
provided in division (C)(3)(a) or (b) of this section, as	60302
applicable:	60303

(a) If the student is not enrolled in a community school, the	60304
department shall deduct the amount from the account of the	60305
student's resident district pursuant to division (J) of section	60306
3317.023 of the Revised Code.	60307

(b) If the student is enrolled in a community school, the	60308
department shall deduct the amount from the account of the	60309
community school pursuant to section 3314.083 of the Revised Code.	60310

(D)(1) In any fiscal year, a school district receiving funds	60311
under division (A)(5) of this section shall spend those funds only	60312
for the purposes that the department designates as approved for	60313
career-technical education expenses. Career-technical educational	60314
expenses approved by the department shall include only expenses	60315
connected to the delivery of career-technical programming to	60316
career-technical students. The department shall require the school	60317
district to report data annually so that the department may	60318
monitor the district's compliance with the requirements regarding	60319
the manner in which funding received under division (A)(5) of this	60320
section may be spent.	60321

(2) All funds received under division (A)(5) of this section	60322
shall be spent in the following manner:	60323

(a) At least seventy-five per cent of the funds shall be	60324
spent on curriculum development, purchase, and implementation;	60325
instructional resources and supplies; industry-based program	60326
certification; student assessment, credentialing, and placement;	60327
curriculum specific equipment purchases and leases;	60328
career-technical student organization fees and expenses; home and	60329
agency linkages; work-based learning experiences; professional	60330
development; and other costs directly associated with	60331
career-technical education programs including development of new	60332
programs.	60333

(b) Not more than twenty-five per cent of the funds shall be	60334
used for personnel expenditures.	60335

(E) In any fiscal year, a school district receiving funds	60336
under division (A)(6) of this section, or through a transfer of	60337
funds pursuant to division (I) of section 3317.023 of the Revised	60338
Code, shall spend those funds only for the purposes that the	60339
department designates as approved for career-technical education	60340
associated services expenses, which may include such purposes as	60341
apprenticeship coordinators, coordinators for other	60342
career-technical education services, career-technical evaluation,	60343
and other purposes designated by the department. The department	60344
may deny payment under division (A)(6) of this section to any	60345
district that the department determines is not operating those	60346
services or is using funds paid under division (A)(6) of this	60347
section, or through a transfer of funds pursuant to division (I)	60348
of section 3317.023 of the Revised Code, for other purposes.	60349

(F) A joint vocational school district shall spend the funds	60350
it receives under division (A)(3) of this section in accordance	60351
with section 3317.25 of the Revised Code.	60352

(G) As used in this section:

60353

(1) "Community school" means a community school established	60354
under Chapter 3314. of the Revised Code.	60355

(2) "Resident district" means the city, local, or exempted	60356
village school district in which a student is entitled to attend	60357
school under section 3313.64 or 3313.65 of the Revised Code.	60358

(3) "State share percentage" is equal to the following:

60359

The amount computed under division (A)(1) of this section /	60360

(the formula amount X formula ADM)	60361

Sec. 3317.161. (A) As used in this section, "lead district"	60362
has the same meaning as in section 3317.023 of the Revised Code.	60363

(B)(1) A career-technical education program of a city, local,	60364
or exempted village school district, community school, or STEM	60365
school shall be subject to approval under this section in order	60366
for the district or school to qualify for state funding for the	60367
program. Approval granted under this section shall be valid for	60368
the five fiscal years following the fiscal year in which the	60369
program is approved and may be renewed. Approval shall be subject	60370
to annual review under division (E) of this section.	60371

(2) If a district or school becomes a new member of a	60372
career-technical planning district, its career-technical education	60373
programs shall be approved or disapproved by the lead district of	60374
the career-technical planning district during the fiscal year in	60375
which the district or school becomes a member of the	60376
career-technical planning district. Any program of the district or	60377
school that was approved by the department of education for an	60378
approval period that includes the fiscal year in which the	60379
district or school becomes a new member of the career-technical	60380
planning district shall retain its approved status during that	60381
fiscal year.	60382

(3) If an existing member of a career-technical planning	60383
district develops a new career-technical education program, that	60384
program shall be approved or disapproved by the lead district of	60385
the career-technical planning district prior to the first fiscal	60386
year for which the district or school is seeking funding for the	60387
program.	60388

(4) Except as provided in division (B)(2) of this section, if	60389
a career-technical education program was approved by the	60390
department prior to the effective date of this section, that	60391
approval remains valid for the unexpired remainder of the approval	60392
period specified by the department. Approval of that program may	60393
then be renewed in accordance with this section on a date prior to	60394
the expiration of the approval period.	60395

(C)(1) The lead district of a career-technical planning	60396
district shall approve or disapprove for a five-year period each	60397
career-technical education program of the city, local, and	60398
exempted village school districts, community schools, and STEM	60399
schools that are assigned by the department to the	60400
career-technical planning district. The lead district's decision	60401
to approve or disapprove a program shall be based on requirements	60402
for career-technical education programs that are specified in	60403
rules adopted by the department. These requirements shall include,	60404
but are not limited to, all of the following:	60405

(a) Demand for the career-technical education program by	60406
industries in the state;	60407

(b) Quality of the program;

60408

(c) Potential for a student enrolled in the program to	60409
receive the training that will qualify the student for industry	60410
credentials or post-secondary education;	60411

(d) Admission requirements of the lead district;

60412

(e) Past performance of the district or school that is	60413
offering the program;	60414

(f) Traveling distance;

60415

(g) Sustainability;

60416

(h) Capacity;

60417

(i) Availability of the program within the career-technical	60418
planning district;	60419

(j) In the case of a new program, the cost to begin the	60420
program.	60421

(2) The lead district shall approve or disapprove each	60422
program not later than the first day of March prior to the first	60423
fiscal year for which the district or school is seeking funding	60424
for the program. If a program is approved, the lead district shall	60425
notify the department of its decision. If a program is	60426
disapproved, the lead district shall notify the district or school	60427
of its decision.	60428

If the lead district disapproves the program or does not take	60429
any action to approve or disapprove the program by the first day	60430
of March, the district or school may appeal the lead district's	60431
decision or failure to take action to the department by the	60432
fifteenth day of March.	60433

(D)(1) Upon receiving notification of a lead district's	60434
approval of a district's or school's career-technical education	60435
program, the department shall review the lead district's decision	60436
and determine whether to approve or disapprove the program not	60437
later than the fifteenth day of May prior to the first fiscal year	60438
for which the district or school is seeking funding for the	60439
program. The department shall notify the district or school and	60440
the lead district of the district's or school's career-technical	60441
planning district of its determination.	60442

(2) Upon receiving an appeal from a district or school of a	60443
lead district's disapproval of a career-technical education	60444
program or failure to take action to approve or disapprove the	60445
program, the department shall review the lead district's	60446
disapproval or failure to take action. The department shall decide	60447
whether to approve or disapprove the program as a result of this	60448
review not later than the fifteenth day of May prior to the first	60449
fiscal year for which the district or school is seeking funding	60450
for the program. The department shall notify the lead district and	60451
the appealing district or school of its determination.	60452

(3) In conducting a review under division (D)(1) or (2) of	60453
this section, the department shall consider the criteria	60454
prescribed under division (C)(1) of this section.	60455

(4) If the department approves a program under division	60456
(D)(1) or (2) of this section, it shall authorize the payment to	60457
the district, or the deduction from the state education aid of a	60458
district and payment to a community school or STEM school, of the	60459
funds attributed to the career-technical students enrolled in that	60460
program in the next fiscal year according to a payment schedule	60461
prescribed by the department.	60462

(5) The department's decisions under divisions (D)(1) and (2)	60463
of this section shall be final and not appealable.	60464

(E) The department and the lead district of each	60465
career-technical planning district shall conduct an annual review	60466
of each career-technical education program in the lead district's	60467
career-technical planning district that receives approval under	60468
this section. Continued funding of the program during the	60469
five-year approval period shall be subject to the school's	60470
compliance with any directives for performance improvement that	60471
are issued by the department or the lead district as a result of	60472
any review conducted under this section.	60473

Sec. 3317.18. (A) As used in this section, the terms	60474
"Chapter 133. securities," "credit enhancement facilities," "debt	60475
charges," "general obligation," "legislation," "public	60476
obligations," and "securities" have the same meanings as in	60477
section 133.01 of the Revised Code.	60478

(B) The board of education of any school district authorizing	60479
the issuance of securities under section 133.10~~, 133.301,~~ or	60480
3313.372 of the Revised Code or general obligation Chapter 133.	60481
securities may adopt legislation requesting the state department	60482
of education to approve, and enter into an agreement with the	60483
school district and the primary paying agent or fiscal agent for	60484
such securities providing for, the withholding and deposit of	60485
funds, otherwise due the district under Chapter 3317. of the	60486
Revised Code, for the payment of debt service charges on such	60487
securities.	60488

The board of education shall deliver to the state department	60489
a copy of such resolution and any additional pertinent information	60490
the state department may require.	60491

The department of education and the office of budget and	60492
management shall evaluate each request received from a school	60493
district under this section and the department, with the advice	60494
and consent of the director of budget and management, shall	60495
approve or deny each request based on all of the following:	60496

(1) Whether approval of the request will enhance the	60497
marketability of the securities for which the request is made;	60498

(2) Any other pertinent factors or limitations established in	60499
rules made under division (I) of this section, including:	60500

(a) Current and projected obligations of funds due to the	60501
requesting school district under Chapter 3317. of the Revised Code	60502
including obligations of those funds to public obligations or	60503
relevant credit enhancement facilities under this section, Chapter	60504
133. and section 3313.483 of the Revised Code, and under any other	60505
similar provisions of law;	60506

(b) Whether the department of education or the office of	60507
budget and management has any reason to believe the requesting	60508
school district will be unable to pay when due the debt charges on	60509
the securities for which the request is made.	60510

The department may require a school district to establish	60511
schedules for the payment of all debt charges that take into	60512
account the amount and timing of anticipated distributions of	60513
funds to the district under Chapter 3317. of the Revised Code.	60514

(C) If the department approves the request of a school	60515
district to withhold and deposit funds pursuant to this section,	60516
the department shall enter into a written agreement with the	60517
district and the primary paying agent or fiscal agent for the	60518
securities which shall provide for the withholding of funds	60519
pursuant to this section for the payment of debt charges on those	60520
securities, and may include both of the following:	60521

(1) Provisions for certification by the district to the	60522
department, at a time prior to any date for the payment of	60523
applicable debt charges, whether the district is able to pay those	60524
debt charges when due;	60525

(2) Requirements that the district deposit amounts for the	60526
payment of debt charges on the securities with the primary paying	60527
agent or fiscal agent for the securities prior to the date on	60528
which those debt charge payments are due to the owners or holders	60529
of the securities.	60530

(D) Whenever a district notifies the department of education	60531
that it will be unable to pay debt charges when they are due,	60532
subject to the withholding provisions of this section, or whenever	60533
the applicable paying agent or fiscal agent notifies the	60534
department that it has not timely received from a school district	60535
the full amount needed for the payment when due of those debt	60536
charges to the holders or owners of such securities, the	60537
department shall immediately contact the school district and the	60538
paying agent or fiscal agent to confirm or determine whether the	60539
district is unable to make the required payment by the date on	60540
which it is due.	60541

Upon demand of the treasurer of state while holding a school	60542
district obligation purchased under division (G)(1) of section	60543
135.143 of the Revised Code, the state department of education,	60544
without a request of the school district, shall withhold and	60545
deposit funds pursuant to this section for payment of debt service	60546
charges on that obligation.	60547

If the department confirms or determines that the district	60548
will be unable to make such payment and payment will not be made	60549
pursuant to a credit enhancement facility, the department shall	60550
promptly pay to the applicable primary paying agent or fiscal	60551
agent the lesser of the amount due for debt charges or the amount	60552
due the district for the remainder of the fiscal year under	60553
Chapter 3317. of the Revised Code. If this amount is insufficient	60554
to pay the total amount then due the agent for the payment of debt	60555
charges, the department shall pay to the agent each fiscal year	60556
thereafter, and until the full amount due the agent for unpaid	60557
debt charges is paid in full, the lesser of the remaining amount	60558
due the agent for debt charges or the amount due the district for	60559
the fiscal year under Chapter 3317. of the Revised Code.	60560

(E) The state department may make any payments under this	60561
division by direct deposit of funds by electronic transfer.	60562

Any amount received by a paying agent or fiscal agent under	60563
this section shall be applied only to the payment of debt charges	60564
on the securities of the school district subject to this section	60565
or to the reimbursement to the provider of a credit enhancement	60566
facility that has paid such debt charges.	60567

(F) To the extent a school district whose securities are	60568
subject to this section is unable to pay applicable debt charges	60569
because of the failure to collect property taxes levied for the	60570
payment of those debt charges, the district may transfer to or	60571
deposit into any fund that would have received payments under	60572
Chapter 3317. of the Revised Code that were withheld under this	60573
section any such delinquent property taxes when later collected,	60574
provided that transfer or deposit shall be limited to the amounts	60575
withheld from that fund under this section.	60576

(G) The department may make payments under this section to	60577
paying agents or fiscal agents only from and to the extent that	60578
money is appropriated by the general assembly for Chapter 3317. of	60579
the Revised Code or for the purposes of this section. No	60580
securities of a school district to which this section is made	60581
applicable constitute an obligation or a debt or a pledge of the	60582
faith, credit, or taxing power of the state, and the holders or	60583
owners of such securities have no right to have taxes levied or	60584
appropriations made by the general assembly for the payment of	60585
debt charges on those securities, and those securities, if the	60586
department requires, shall contain a statement to that effect. The	60587
agreement for or the actual withholding and payment of moneys	60588
under this section does not constitute the assumption by the state	60589
of any debt of a school district.	60590

(H) In the case of securities subject to the withholding	60591
provisions of this section, the issuing board of education shall	60592
appoint a paying agent or fiscal agent who is not an officer or	60593
employee of the school district.	60594

(I) The department of education, with the advice of the	60595
office of budget and management, may adopt reasonable rules not	60596
inconsistent with this section for the implementation of this	60597
section and division (B) of section 133.25 of the Revised Code as	60598
it relates to the withholding and depositing of payments under	60599
Chapter 3317. of the Revised Code to secure payment of debt	60600
charges on school district securities. Those rules shall include	60601
criteria for the evaluation and approval or denial of school	60602
district requests for withholding under this section and limits on	60603
the obligation for the purpose of paying debt charges or	60604
reimbursing credit enhancement facilities of funds otherwise to be	60605
paid to school districts under Chapter 3317. of the Revised Code.	60606

(J) The authority granted by this section is in addition to	60607
and not a limitation on any other authorizations granted by or	60608
pursuant to law for the same or similar purposes.	60609

Sec. 3317.19. ~~(A) As used in this section, "total unit~~	60610
~~allowance" means an amount equal to the sum of the following:~~	60611

~~(1) The total of the salary allowances for the teachers~~	60612
~~employed in the cooperative education school district for all~~	60613
~~units approved under division (B) or (C) of section 3317.05 of the~~	60614
~~Revised Code. The salary allowance for each unit shall equal the~~	60615
~~minimum salary for the teacher of the unit calculated on the basis~~	60616
~~of the teacher's training level and years of experience pursuant~~	60617
~~to the salary schedule prescribed in the version of section~~	60618
~~3317.13 of the Revised Code in effect prior to July 1, 2001.~~	60619

~~(2) Fifteen per cent of the total computed under division~~	60620
~~(A)(1) of this section;~~	60621

~~(3) The total of the unit operating allowances for all~~	60622
~~approved units. The amount of each allowance shall equal one of~~	60623
~~the following:~~	60624

~~(a) Eight thousand twenty-three dollars times the number of~~	60625
~~units for preschool children with disabilities or fraction thereof~~	60626
~~approved for the year under division (B) of section 3317.05 of the~~	60627
~~Revised Code;~~	60628

~~(b) Two thousand one hundred thirty-two dollars times the~~	60629
~~number of units or fraction thereof approved for the year under~~	60630
~~division (C) of section 3317.05 of the Revised Code.~~	60631

~~(B)~~ The state board of education shall compute and distribute	60632
to each cooperative education school district for each fiscal year	60633
an amount equal to the sum of the following:	60634

~~(1)~~(A) An amount equal to the total of the amounts credited	60635
to the cooperative education school district pursuant to division	60636
(H) of section 3317.023 of the Revised Code;	60637

~~(2) The total unit allowance;~~

60638

~~(3)~~(B) An amount for assisting in providing free lunches to	60639
needy children pursuant to division (D) of section 3317.024 of the	60640
Revised Code.	60641

~~(C) If a cooperative education school district has had~~	60642
~~additional special education units approved for the year under~~	60643
~~division (F)(2) of section 3317.03 of the Revised Code, the~~	60644
~~district shall receive an additional amount during the last half~~	60645
~~of the fiscal year. For each unit, the additional amount shall~~	60646
~~equal fifty per cent of the amount computed under division (A) of~~	60647
~~this section for a unit approved under division (B) of section~~	60648
~~3317.05 of the Revised Code.~~	60649

Sec. 3317.20. This section does not apply to preschool	60650
children with disabilities.	60651

(A) As used in this section:

60652

(1) "Applicable ~~weight~~special education amount" means the	60653
~~multiple~~amount specified in section 3317.013 of the Revised Code	60654
for a disability described in that section.	60655

(2) "Child's school district" means the school district in	60656
which a child is entitled to attend school pursuant to section	60657
3313.64 or 3313.65 of the Revised Code.	60658

(3) "State share ~~percentage~~index" means the state share	60659
~~percentage~~index of the child's school district.	60660

(B) ~~Except as provided in division (C) of this section, the~~	60661
The department shall annually pay each county DD board for each	60662
child with a disability, other than a preschool child with a	60663
disability, for whom the county DD board provides special	60664
education and related services an amount equal to the formula	60665
amount + (state share ~~percentage X formula amount~~index X the	60666
applicable ~~weight~~special education amount).	60667

~~(C) If any school district places with a county DD board more~~	60668
~~children with disabilities than it had placed with a county DD~~	60669
~~board in fiscal year 1998, the department shall not make a payment~~	60670
~~under division (B) of this section for the number of children~~	60671
~~exceeding the number placed in fiscal year 1998. The department~~	60672
~~instead shall deduct from the district's payments under this~~	60673
~~chapter, and pay to the county DD board, an amount calculated in~~	60674
~~accordance with the formula prescribed in division (B) of this~~	60675
~~section for each child over the number of children placed in~~	60676
~~fiscal year 1998.~~	60677

~~(D) The department shall calculate for each county DD board~~	60678
~~receiving payments under divisions (B) and (C) of this section the~~	60679
~~following amounts:~~	60680

~~(1) The amount received by the county DD board for approved~~	60681
~~special education and related services units, other than units for~~	60682
~~preschool children with disabilities, in fiscal year 1998, divided~~	60683
~~by the total number of children served in the units that year;~~	60684

~~(2) The product of the quotient calculated under division~~	60685
~~(D)(1) of this section times the number of children for whom~~	60686
~~payments are made under divisions (B) and (C) of this section.~~	60687

~~If the amount calculated under division (D)(2) of this~~	60688
~~section is greater than the total amount calculated under~~	60689
~~divisions (B) and (C) of this section, the department shall pay~~	60690
~~the county DD board one hundred per cent of the difference in~~	60691
~~addition to the payments under divisions (B) and (C) of this~~	60692
~~section.~~	60693

~~(E)~~(C) Each county DD board shall report to the department,	60694
in the manner specified by the department, the name of each child	60695
for whom the county DD board provides special education and	60696
related services and the child's school district.	60697

~~(F)~~(D)(1) For the purpose of verifying the accuracy of the	60698
payments under this section, the department may request from	60699
either of the following entities the data verification code	60700
assigned under division (D)(2) of section 3301.0714 of the Revised	60701
Code to any child who is placed with a county DD board:	60702

(a) The child's school district;

60703

(b) The independent contractor engaged to create and maintain	60704
data verification codes.	60705

(2) Upon a request by the department under division ~~(F)~~(D)(1)	60706
of this section for the data verification code of a child, the	60707
child's school district shall submit that code to the department	60708
in the manner specified by the department. If the child has not	60709
been assigned a code, the district shall assign a code to that	60710
child and submit the code to the department by a date specified by	60711
the department. If the district does not assign a code to the	60712
child by the specified date, the department shall assign a code to	60713
the child.	60714

The department annually shall submit to each school district	60715
the name and data verification code of each child residing in the	60716
district for whom the department has assigned a code under this	60717
division.	60718

(3) The department shall not release any data verification	60719
code that it receives under division ~~(F)~~(D) of this section to any	60720
person except as provided by law.	60721

~~(G)~~(E) Any document relative to special education and related	60722
services provided by a county DD board that the department holds	60723
in its files that contains both a student's name or other	60724
personally identifiable information and the student's data	60725
verification code shall not be a public record under section	60726
149.43 of the Revised Code.	60727

Sec. 3317.201. This section does not apply to preschool	60728
children with disabilities.	60729

(A) As used in this section, the "total special education	60730
~~weight~~amount" for an institution means the sum of the following	60731
amounts:	60732

(1) The number of children reported by the institution under	60733
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	60734
receiving services for a disability described in division (A) of	60735
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	60736
amount specified in that division;	60737

(2) The number of children reported by the institution under	60738
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	60739
receiving services for a disability described in division (B) of	60740
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	60741
amount specified in that division;	60742

(3) The number of children reported by the institution under	60743
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	60744
receiving services for a disability described in division (C) of	60745
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	60746
amount specified in that division;	60747

(4) The number of children reported by the institution under	60748
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	60749
receiving services for a disability described in division (D) of	60750
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	60751
amount specified in that division;	60752

(5) The number of children reported by the institution under	60753
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	60754
receiving services for a disability described in division (E) of	60755
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	60756
amount specified in that division;	60757

(6) The number of children reported by the institution under	60758
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	60759
receiving services for a disability described in division (F) of	60760
section 3317.013 of the Revised Code multiplied by the ~~multiple~~	60761
amount specified in that division.	60762

(B) For each fiscal year, the department of education shall	60763
pay each state institution required to provide special education	60764
services under division (A) of section 3323.091 of the Revised	60765
Code an amount equal to the ~~greater of:~~	60766

~~(1) The formula amount times the~~ institution's total special	60767
education ~~weight;~~	60768

~~(2) The aggregate amount of special education and related~~	60769
~~services unit funding the institution received for all children~~	60770
~~with disabilities other than preschool children with disabilities~~	60771
~~in fiscal year 2005 under sections 3317.052 and 3317.053 of the~~	60772
~~Revised Code, as those sections existed prior to June 30, 2005~~	60773
amount.	60774

Sec. 3317.25. (A) As used in this section, "economically	60775
disadvantaged funds" means the following:	60776

(1) For a city, local, or exempted village school district,	60777
the funds received under division (A)(5) of section 3317.022 of	60778
the Revised Code;	60779

(2) For a joint vocational school district, the funds	60780
received under division (A)(3) of section 3317.16 of the Revised	60781
Code;	60782

(3) For a community school established under Chapter 3314. of	60783
the Revised Code, the funds received under division (C)(1)(e) of	60784
section 3314.08 of the Revised Code;	60785

(4) For a STEM school established under Chapter 3326. of the	60786
Revised Code, the funds received under division (E) of section	60787
3326.33 of the Revised Code.	60788

(B) In any fiscal year, a city, local, exempted village, or	60789
joint vocational school district, community school, or STEM school	60790
shall spend the economically disadvantaged funds it receives for	60791
any of the following initiatives or a combination of any of the	60792
following initiatives:	60793

(1) Extended school day and school year;

60794

(2) Reading improvement and intervention;

60795

(3) Instructional technology or blended learning;

60796

(4) Professional development in reading instruction for	60797
teachers of students in kindergarten through third grade;	60798

(5) Dropout prevention;

60799

(6) School safety and security measures;

60800

(7) Community learning centers that address barriers to	60801
learning;	60802

(8) Academic interventions for students in any of grades six	60803
through twelve.	60804

(C) At the end of each fiscal year, each city, local,	60805
exempted village, or joint vocational school district, community	60806
school, and STEM school shall submit a report to the department of	60807
education describing the initiative or initiatives on which the	60808
district's or school's economically disadvantaged funds were spent	60809
during that fiscal year.	60810

(D) Starting in 2015, the department shall submit a report of	60811
the information it receives under division (C) of this section to	60812
the General Assembly not later than the first day of December of	60813
each odd-numbered year in accordance with section 101.68 of the	60814
Revised Code.	60815

~~Sec. 3313.847.~~ Sec. 3317.30. (A) In the case of a child placed in	60816
the custody of a juvenile facility established under section	60817
2151.65 or a detention facility established under section 2152.41	60818
of the Revised Code, ifpayment for the child's education services	60819
shall be administered by one of the following methods:	60820

(1) If the facility educates the child, the facility, or the	60821
chartered nonpublic school it operates, may submit its request for	60822
payment directly to the school district that is to bear the cost	60823
of educating the child, as determined under section 2151.362 of	60824
the Revised Code. That district shall pay the facility or the	60825
chartered nonpublic school directly for those services.	60826

(2) If the facility contracts directly with a school district	60827
in which the facility is located for services for that child, the	60828
school district may submit its request for payment directly to the	60829
school district that is to bear the cost of educating the child,	60830
as determined under section 2151.362 of the Revised Code. That	60831
district shall pay the school district where the facility is	60832
located directly for those services.	60833

(3) If that facility contracts directly with an educational	60834
service center for services for that child, the service center may	60835
submit its request for payment for services for the child directly	60836
to the school district that is responsible to bear the cost of	60837
educating the child, as determined under section 2151.362 of the	60838
Revised Code. That district shall pay the service center directly	60839
for those services. ~~Notwithstanding~~	60840

(B) Notwithstanding anything to the contrary in section	60841
3317.03 of the Revised Code, the district that pays a service	60842
center, facility or chartered nonpublic school the facility	60843
operates, or other school district for services for a particular	60844
child under this section shall include that child in the	60845
district's average daily membership as reported under division (A)	60846
of section 3317.03 of the Revised Code. No other district shall	60847
include the child in its average daily membership.	60848

Payments made for a child under this section shall be	60849
determined in accordance with division (C)(4) of section 3313.64	60850
of the Revised Code.	60851

Sec. 3317.40. (A) As used in this section, "subgroup" means	60852
one of the following subsets of the entire student population of a	60853
school district or a school building:	60854

(1) Students with disabilities;

60855

(2) Economically disadvantaged students;

60856

(3) Limited English proficient students;

60857

(4) Students identified as gifted in superior cognitive	60858
ability and specific academic ability fields under Chapter 3324.	60859
of the Revised Code.	60860

(B) It is the intent of the general assembly that funds	60861
provided under this chapter shall be used for the provision of a	60862
system of common schools and the advancement of the knowledge of	60863
all students. As such, school districts and schools shall be held	60864
accountable for those funds to ensure that all students are	60865
provided an opportunity to graduate from high school prepared for	60866
a career or for post-secondary education.	60867

(C) When funds are provided under this chapter specifically	60868
for services for a subgroup of students, the general assembly has	60869
determined that these students experience unique challenges	60870
requiring additional resources and intends that the funds so	60871
provided be used for services that will allow students in those	60872
subgroups to master the knowledge base required for high school	60873
graduation.	60874

(D) If a district or school fails to show satisfactory	60875
achievement and progress, as determined by the state board of	60876
education, for any subgroup of students based on performance	60877
measures reported or graded under section 3302.03 of the Revised	60878
Code, the district or school shall submit an improvement plan to	60879
the department for approval. The plan may be included in any other	60880
improvement plan required of the district or school under state or	60881
federal law. The department may require that a plan required under	60882
division (C) of this section include an agreement to partner with	60883
another organization that has demonstrated the ability to improve	60884
the educational outcome for that subgroup of students to provide	60885
services to those students. The partner organization may be	60886
another school, district, or other education provider.	60887

Not later than December 31, 2014, the state board of	60888
education shall establish measures of satisfactory achievement and	60889
progress, which include, but are not limited to, performance	60890
measures under section 3302.03 of the Revised Code. The department	60891
shall make the initial determination of satisfactory achievement	60892
and progress under this section using those measures not later	60893
than September 1, 2015, and then make determinations under this	60894
section annually thereafter.	60895

The department shall publish a list of schools, school	60896
districts, and other educational providers that have demonstrated	60897
an ability to serve each subgroup of students.	60898

Sec. 3317.50. The ~~eTech Ohio~~ telecommunity education fund is	60899
hereby created in the state treasury. The fund shall consist of	60900
certain excess local exchange telephone company contributions	60901
transferred from the reserve fund of the Ohio telecommunications	60902
advisory board pursuant to an agreement between the public	60903
utilities commission of Ohio and the Ohio department of education.	60904
The fund shall be used by the chancellor of the Ohio board of	60905
regents, in the amounts appropriated, to finance technology grants	60906
to state-chartered elementary and secondary schools. Investment	60907
earnings of the fund shall be credited to the fund.	60908

Sec. 3317.51. (A) The distance learning fund is hereby	60909
created in the state treasury. The fund shall consist of moneys	60910
paid ~~to the eTech Ohio commission~~ by any telephone company as a	60911
part of a settlement agreement between such company and the public	60912
utilities commission in fiscal year 1995 in part to establish	60913
distance learning throughout the state. The ~~commission~~chancellor	60914
of the Ohio board of regents shall administer the fund and expend	60915
moneys from it to finance technology grants to eligible schools	60916
chartered by the state board of education to establish distance	60917
learning in those schools. Chartered schools are eligible for	60918
funds if they are within the service area of the telephone	60919
company. Investment earnings of the fund shall be credited to the	60920
fund.	60921

(B) For purposes of this section, "distance learning" means	60922
the creation of a learning environment involving a school setting	60923
and at least one other location outside of the school which allows	60924
for information available at one site to be accessed at the other	60925
through the use of such educational applications as one-way or	60926
two-way transmission of data, voice, and video, singularly or in	60927
appropriate combinations.	60928

Sec. 3318.011. For purposes of providing assistance under	60929
sections 3318.01 to 3318.20 of the Revised Code, the department of	60930
education shall annually do all of the following:	60931

(A) Calculate the adjusted valuation per pupil of each city,	60932
local, and exempted village school district according to the	60933
following formula:	60934

The district's valuation per pupil -	60935

[$30,000 X (1 - the district's income factor)].	60936

For purposes of this calculation:

60937

(1) Except for a district with an open enrollment net gain	60938
that is ten per cent or more of its formula ADM, "valuation per	60939
pupil" for a district means its average taxable value, divided by	60940
its formula ADM for the previous fiscal year. "Valuation per	60941
pupil," for a district with an open enrollment net gain that is	60942
ten per cent or more of its formula ADM, means its average taxable	60943
value, divided by the sum of its formula ADM for the previous	60944
fiscal year plus its open enrollment net gain for the previous	60945
fiscal year.	60946

(2) "Average taxable value" means the average of the sum of	60947
the amounts certified for a district under divisions (A)(1) and	60948
(2) of section 3317.021 of the Revised Code in the second, third,	60949
and fourth preceding fiscal years.	60950

(3) "Entitled to attend school" means entitled to attend	60951
school in a city, local, or exempted village school district under	60952
section 3313.64 or 3313.65 of the Revised Code.	60953

(4) "Formula ADM" ~~and "income factor" have~~has the same	60954
~~meanings~~meaning as in section 3317.02 of the Revised Code.	60955

(5) "Native student" has the same meaning as in section	60956
3313.98 of the Revised Code.	60957

(6) "Open enrollment net gain" for a district means (a) the	60958
number of the students entitled to attend school in another	60959
district but who are enrolled in the schools of the district under	60960
its open enrollment policy minus (b) the number of the district's	60961
native students who are enrolled in the schools of another	60962
district under the other district's open enrollment policy, both	60963
numbers as certified to the department under section 3313.981 of	60964
the Revised Code. If the difference is a negative number, the	60965
district's "open enrollment net gain" is zero.	60966

(7) "Open enrollment policy" means an interdistrict open	60967
enrollment policy adopted under section 3313.98 of the Revised	60968
Code.	60969

(8) "District median income" means the median Ohio adjusted	60970
gross income certified for a school district under section	60971
3317.021 of the Revised Code.	60972

(9) "Statewide median income" means the median district	60973
median income of all city, exempted village, and local school	60974
districts in the state.	60975

(10) "Income factor" for a city, exempted village, or local	60976
school district means the quotient obtained by dividing that	60977
district's median income by the statewide median income.	60978

(B) Calculate for each district the three-year average of the	60979
adjusted valuations per pupil calculated for the district for the	60980
current and two preceding fiscal years;	60981

(C) Rank all such districts in order of adjusted valuation	60982
per pupil from the district with the lowest three-year average	60983
adjusted valuation per pupil to the district with the highest	60984
three-year average adjusted valuation per pupil;	60985

(D) Divide such ranking into percentiles with the first	60986
percentile containing the one per cent of school districts having	60987
the lowest three-year average adjusted valuations per pupil and	60988
the one-hundredth percentile containing the one per cent of school	60989
districts having the highest three-year average adjusted	60990
valuations per pupil;	60991

(E) Determine the school districts that have three-year	60992
average adjusted valuations per pupil that are greater than the	60993
median three-year average adjusted valuation per pupil for all	60994
school districts in the state;	60995

(F) On or before the first day of September, certify the	60996
information described in divisions (A) to (E) of this section to	60997
the Ohio school facilities commission.	60998

Sec. 3318.031. (A) The Ohio school facilities commission	60999
shall consider student and staff safety and health when reviewing	61000
design plans for classroom facility construction projects proposed	61001
under this chapter. After consulting with appropriate education,	61002
health, and law enforcement personnel, the commission may require	61003
as a condition of project approval under either section 3318.03 or	61004
division (B)(1) of section 3318.41 of the Revised Code such	61005
changes in the design plans as the commission believes will	61006
advance or improve student and staff safety and health in the	61007
proposed classroom facility.	61008

To carry out its duties under this division, the commission	61009
shall review and, if necessary, amend any construction and design	61010
standards used in its project approval process, including	61011
standards for location and number of exits, standards for lead	61012
safety in classroom facilities constructed before 1978 in which	61013
services are provided to children under six years of age, and	61014
location of restrooms, with a focus on advancing student and staff	61015
safety and health.	61016

(B) When reviewing design standards for classroom facility	61017
construction projects proposed under this chapter, the commission	61018
shall also consider the extent to which the design standards	61019
support the following:	61020

(1) ~~Support and facilitation of smaller classes and the trend~~	61021
~~toward smaller schools~~Trends in educational delivery methods,	61022
including digital access and blended learning;	61023

(2) Provision of sufficient space for training new teachers	61024
and promotion of collaboration among teaching candidates,	61025
experienced teachers, and teacher educators;	61026

(3) Provision of adequate space for teacher planning and	61027
collaboration;	61028

(4) Provision of adequate space for parent involvement	61029
activities;	61030

(5) Provision of sufficient space for innovative partnerships	61031
between schools and health and social service agencies.	61032

Sec. 3318.08. Except in the case of a joint vocational	61033
school district that receives assistance under sections 3318.40 to	61034
3318.45 of the Revised Code, if the requisite favorable vote on	61035
the election is obtained, or if the school district board has	61036
resolved to apply the proceeds of a property tax levy or the	61037
proceeds of an income tax, or a combination of proceeds from such	61038
taxes, as authorized in section 3318.052 of the Revised Code, the	61039
Ohio school facilities commission, upon certification to it of	61040
either the results of the election or the resolution under section	61041
3318.052 of the Revised Code, shall enter into a written agreement	61042
with the school district board for the construction and sale of	61043
the project. In the case of a joint vocational school district	61044
that receives assistance under sections 3318.40 to 3318.45 of the	61045
Revised Code, if the school district board of education and the	61046
school district electors have satisfied the conditions prescribed	61047
in division (D)(1) of section 3318.41 of the Revised Code, the	61048
commission shall enter into an agreement with the school district	61049
board for the construction and sale of the project. In either	61050
case, the agreement shall include, but need not be limited to, the	61051
following provisions:	61052

(A) The sale and issuance of bonds or notes in anticipation	61053
thereof, as soon as practicable after the execution of the	61054
agreement, in an amount equal to the school district's portion of	61055
the basic project cost, including any securities authorized under	61056
division (J) of section 133.06 of the Revised Code and dedicated	61057
by the school district board to payment of the district's portion	61058
of the basic project cost of the project; provided, that if at	61059
that time the county treasurer of each county in which the school	61060
district is located has not commenced the collection of taxes on	61061
the general duplicate of real and public utility property for the	61062
year in which the controlling board approved the project, the	61063
school district board shall authorize the issuance of a first	61064
installment of bond anticipation notes in an amount specified by	61065
the agreement, which amount shall not exceed an amount necessary	61066
to raise the net bonded indebtedness of the school district as of	61067
the date of the controlling board's approval to within five	61068
thousand dollars of the required level of indebtedness for the	61069
preceding year. In the event that a first installment of bond	61070
anticipation notes is issued, the school district board shall, as	61071
soon as practicable after the county treasurer of each county in	61072
which the school district is located has commenced the collection	61073
of taxes on the general duplicate of real and public utility	61074
property for the year in which the controlling board approved the	61075
project, authorize the issuance of a second and final installment	61076
of bond anticipation notes or a first and final issue of bonds.	61077

The combined value of the first and second installment of	61078
bond anticipation notes or the value of the first and final issue	61079
of bonds shall be equal to the school district's portion of the	61080
basic project cost. The proceeds of any such bonds shall be used	61081
first to retire any bond anticipation notes. Otherwise, the	61082
proceeds of such bonds and of any bond anticipation notes, except	61083
the premium and accrued interest thereon, shall be deposited in	61084
the school district's project construction fund. In determining	61085
the amount of net bonded indebtedness for the purpose of fixing	61086
the amount of an issue of either bonds or bond anticipation notes,	61087
gross indebtedness shall be reduced by moneys in the bond	61088
retirement fund only to the extent of the moneys therein on the	61089
first day of the year preceding the year in which the controlling	61090
board approved the project. Should there be a decrease in the tax	61091
valuation of the school district so that the amount of	61092
indebtedness that can be incurred on the tax duplicates for the	61093
year in which the controlling board approved the project is less	61094
than the amount of the first installment of bond anticipation	61095
notes, there shall be paid from the school district's project	61096
construction fund to the school district's bond retirement fund to	61097
be applied against such notes an amount sufficient to cause the	61098
net bonded indebtedness of the school district, as of the first	61099
day of the year following the year in which the controlling board	61100
approved the project, to be within five thousand dollars of the	61101
required level of indebtedness for the year in which the	61102
controlling board approved the project. The maximum amount of	61103
indebtedness to be incurred by any school district board as its	61104
share of the cost of the project is either an amount that will	61105
cause its net bonded indebtedness, as of the first day of the year	61106
following the year in which the controlling board approved the	61107
project, to be within five thousand dollars of the required level	61108
of indebtedness, or an amount equal to the required percentage of	61109
the basic project costs, whichever is greater. All bonds and bond	61110
anticipation notes shall be issued in accordance with Chapter 133.	61111
of the Revised Code, and notes may be renewed as provided in	61112
section 133.22 of the Revised Code.	61113

(B) The transfer of such funds of the school district board	61114
available for the project, together with the proceeds of the sale	61115
of the bonds or notes, except premium, accrued interest, and	61116
interest included in the amount of the issue, to the school	61117
district's project construction fund;	61118

(C) For all school districts except joint vocational school	61119
districts that receive assistance under sections 3318.40 to	61120
3318.45 of the Revised Code, the following provisions as	61121
applicable:	61122

(1) If section 3318.052 of the Revised Code applies, the	61123
earmarking of the proceeds of a tax levied under section 5705.21	61124
of the Revised Code for general permanent improvements or under	61125
section 5705.218 of the Revised Code for the purpose of permanent	61126
improvements, or the proceeds of a school district income tax	61127
levied under Chapter 5748. of the Revised Code, or the proceeds	61128
from a combination of those two taxes, in an amount to pay all or	61129
part of the service charges on bonds issued to pay the school	61130
district portion of the project and an amount equivalent to all or	61131
part of the tax required under division (B) of section 3318.05 of	61132
the Revised Code;	61133

(2) If section 3318.052 of the Revised Code does not apply,	61134
one of the following:	61135

(a) The levy of the tax authorized at the election for the	61136
payment of maintenance costs, as specified in division (B) of	61137
section 3318.05 of the Revised Code;	61138

(b) If the school district electors have approved a	61139
continuing tax for general permanent improvements under section	61140
5705.21 of the Revised Code and that tax can be used for	61141
maintenance, the earmarking of an amount of the proceeds from such	61142
tax for maintenance of classroom facilities as specified in	61143
division (B) of section 3318.05 of the Revised Code;	61144

(c) If, in lieu of the tax otherwise required under division	61145
(B) of section 3318.05 of the Revised Code, the commission has	61146
approved the transfer of money to the maintenance fund in	61147
accordance with section 3318.051 of the Revised Code, a	61148
requirement that the district board comply with the provisions of	61149
that section. The district board may rescind the provision	61150
prescribed under division (C)(2)(c) of this section only so long	61151
as the electors of the district have approved, in accordance with	61152
section 3318.063 of the Revised Code, the levy of a tax for the	61153
maintenance of the classroom facilities acquired under the	61154
district's project and that levy continues to be collected as	61155
approved by the electors.	61156

(D) For joint vocational school districts that receive	61157
assistance under sections 3318.40 to 3318.45 of the Revised Code,	61158
provision for deposit of school district moneys dedicated to	61159
maintenance of the classroom facilities acquired under those	61160
sections as prescribed in section 3318.43 of the Revised Code;	61161

(E) Dedication of any local donated contribution as provided	61162
for under section 3318.084 of the Revised Code, including a	61163
schedule for depositing such moneys applied as an offset of the	61164
district's obligation to levy the tax described in division (B) of	61165
section 3318.05 of the Revised Code as required under division	61166
(D)(2) of section 3318.084 of the Revised Code;	61167

(F) Ownership of or interest in the project during the period	61168
of construction, which shall be divided between the commission and	61169
the school district board in proportion to their respective	61170
contributions to the school district's project construction fund;	61171

(G) Maintenance of the state's interest in the project until	61172
any obligations issued for the project under section 3318.26 of	61173
the Revised Code are no longer outstanding;	61174

(H) The insurance of the project by the school district from	61175
the time there is an insurable interest therein and so long as the	61176
state retains any ownership or interest in the project pursuant to	61177
division (F) of this section, in such amounts and against such	61178
risks as the commission shall require; provided, that the cost of	61179
any required insurance until the project is completed shall be a	61180
part of the basic project cost;	61181

(I) The certification by the director of budget and	61182
management that funds are available and have been set aside to	61183
meet the state's share of the basic project cost as approved by	61184
the controlling board pursuant to either section 3318.04 or	61185
division (B)(1) of section 3318.41 of the Revised Code;	61186

(J) Authorization of the school district board to advertise	61187
for and receive construction bids for the project, for and on	61188
behalf of the commission, and to award contracts in the name of	61189
the state subject to approval by the commission;	61190

(K) Provisions for the disbursement of moneys from the school	61191
district's project account upon issuance by the commission or the	61192
commission's designated representative of vouchers for work done	61193
to be certified to the commission by the treasurer of the school	61194
district board;	61195

(L) Disposal of any balance left in the school district's	61196
project construction fund upon completion of the project;	61197

(M) Limitations upon use of the project or any part of it so	61198
long as any obligations issued to finance the project under	61199
section 3318.26 of the Revised Code are outstanding;	61200

(N) Provision for vesting the state's interest in the project	61201
to the school district board when the obligations issued to	61202
finance the project under section 3318.26 of the Revised Code are	61203
outstanding;	61204

(O) Provision for deposit of an executed copy of the	61205
agreement in the office of the commission;	61206

(P) Provision for termination of the contract and release of	61207
the funds encumbered at the time of the conditional approval, if	61208
the proceeds of the sale of the bonds of the school district board	61209
are not paid into the school district's project construction fund	61210
and if bids for the construction of the project have not been	61211
taken within such period after the execution of the agreement as	61212
may be fixed by the commission;	61213

(Q) Provision for the school district to maintain the project	61214
in accordance with a plan approved by the commission;	61215

(R) Provision that all state funds reserved and encumbered to	61216
pay the state share of the cost of the project and the funds	61217
provided by the school district to pay for its share of the	61218
project cost, including the respective shares of the cost of a	61219
segment if the project is divided into segments, be spent on the	61220
construction and acquisition of the project or segment	61221
simultaneously in proportion to the state's and the school	61222
district's respective shares of that basic project cost as	61223
determined under section 3318.032 of the Revised Code or, if the	61224
district is a joint vocational school district, under section	61225
3318.42 of the Revised Code. However, if the school district	61226
certifies to the commission that expenditure by the school	61227
district is necessary to maintain the federal tax status or	61228
tax-exempt status of notes or bonds issued by the school district	61229
to pay for its share of the project cost or to comply with	61230
applicable temporary investment periods or spending exceptions to	61231
rebate as provided for under federal law in regard to those notes	61232
or bonds, the school district may commit to spend, or spend, a	61233
greater portion of the funds it provides during any specific	61234
period than would otherwise be required under this division.	61235

(S) A provision stipulating that the commission may prohibit	61236
the district from proceeding with any project if the commission	61237
determines that the site is not suitable for construction	61238
purposes. The commission may perform soil tests in its	61239
determination of whether a site is appropriate for construction	61240
purposes.	61241

(T) A provision stipulating that, unless otherwise authorized	61242
by the commission, any contingency reserve portion of the	61243
construction budget prescribed by the commission shall be used	61244
only to pay costs resulting from unforeseen job conditions, to	61245
comply with rulings regarding building and other codes, to pay	61246
costs related to design clarifications or corrections to contract	61247
documents, and to pay the costs of settlements or judgments	61248
related to the project as provided under section 3318.086 of the	61249
Revised Code;	61250

(U) ~~Provision~~A provision stipulating that for continued	61251
release of project funds the school district board shall comply	61252
with ~~section~~sections 3313.41 and 3313.411 of the Revised Code	61253
throughout the project and shall notify the department of	61254
education and the Ohio community school association when the board	61255
plans to dispose of facilities by sale under that section;	61256

(V) ~~Provision~~A provision stipulating that the commission	61257
shall not approve a contract for demolition of a facility until	61258
the school district board has complied with ~~section~~sections	61259
3313.41 and 3313.411 of the Revised Code relative to that	61260
facility, unless demolition of that facility is to clear a site	61261
for construction of a replacement facility included in the	61262
district's project;	61263

(W) A requirement for the school district to adhere to a	61264
facilities maintenance plan approved by the commission.	61265

Sec. 3318.31. (A) The Ohio school facilities commission may	61266
perform any act and ensure the performance of any function	61267
necessary or appropriate to carry out the purposes of, and	61268
exercise the powers granted under, Chapter 3318. of the Revised	61269
Code, including any of the following:	61270

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	61271
the Revised Code, rules for the administration of programs	61272
authorized under Chapter 3318. of the Revised Code.	61273

(2) Contract with, retain the services of, or designate, and	61274
fix the compensation of, such agents, accountants, consultants,	61275
advisers, and other independent contractors as may be necessary or	61276
desirable to carry out the programs authorized under Chapter 3318.	61277
of the Revised Code, or authorize the executive director to	61278
perform such powers and duties.	61279

(3) Receive and accept any gifts, grants, donations, and	61280
pledges, and receipts therefrom, to be used for the programs	61281
authorized under Chapter 3318. of the Revised Code.	61282

(4) Make and enter into all contracts, commitments, and	61283
agreements, and execute all instruments, necessary or incidental	61284
to the performance of its duties and the execution of its rights	61285
and powers under Chapter 3318. of the Revised Code, or authorize	61286
the executive director or the Ohio facilities construction	61287
commission to perform such powers and duties.	61288

(5) Request the Ohio facilities construction commission to	61289
debar a contractor as provided in section 153.02 of the Revised	61290
Code.	61291

(B) The ~~Ohio school facilities commission shall appoint and~~	61292
~~fix the compensation of an~~ executive director ~~who~~of the Ohio	61293
facilities construction commission, as appointed under division	61294
(B) of section 123.21 of the Revised Code, shall also serve ~~at the~~	61295
~~pleasure of~~as the executive director for the Ohio school	61296
facilities commission. The executive director shall exercise all	61297
powers that the Ohio school facilities commission possesses,	61298
supervise the operations of the Ohio school facilities commission	61299
and perform such other duties as delegated by the Ohio school	61300
facilities commission. The executive director also shall employ	61301
and fix the compensation of such employees as will facilitate the	61302
activities and purposes of the Ohio school facilities commission,	61303
who shall serve at the pleasure of the executive director. The	61304
employees of the Ohio school facilities commission shall be exempt	61305
from Chapter 4117. of the Revised Code and shall not be public	61306
employees as defined in section 4117.01 of the Revised Code. Any	61307
agreement entered into prior to July 1, 2012, between the office	61308
of collective bargaining and the exclusive representative for	61309
employees of the commission is binding and shall continue to have	61310
effect.	61311

(C) The attorney general shall serve as the legal	61312
representative for the Ohio school facilities commission and may	61313
appoint other counsel as necessary for that purpose in accordance	61314
with section 109.07 of the Revised Code.	61315

Sec. 3318.36. (A)(1) As used in this section:

61316

(a) "Ohio school facilities commission," "classroom	61317
facilities," "school district," "school district board," "net	61318
bonded indebtedness," "required percentage of the basic project	61319
costs," "basic project cost," "valuation," and "percentile" have	61320
the same meanings as in section 3318.01 of the Revised Code.	61321

(b) "Required level of indebtedness" means five per cent of	61322
the school district's valuation for the year preceding the year in	61323
which the commission and school district enter into an agreement	61324
under division (B) of this section, plus [two one-hundredths of	61325
one per cent multiplied by (the percentile in which the district	61326
ranks minus one)].	61327

(c) "Local resources" means any moneys generated in any	61328
manner permitted for a school district board to raise the school	61329
district portion of a project undertaken with assistance under	61330
sections 3318.01 to 3318.20 of the Revised Code.	61331

(d) "Tangible personal property phase-out impacted district"	61332
means a school district for which the taxable value of its	61333
tangible personal property certified under division (A)(2) of	61334
section 3317.021 of the Revised Code for tax year 2005, excluding	61335
the taxable value of public utility personal property, made up	61336
eighteen per cent or more of its total taxable value for tax year	61337
2005 as certified under that section.	61338

(2) For purposes of determining the required level of	61339
indebtedness, the required percentage of the basic project costs	61340
under division (C)(1) of this section, and priority for assistance	61341
under sections 3318.01 to 3318.20 of the Revised Code, the	61342
percentile ranking of a school district with which the commission	61343
has entered into an agreement under this section between the first	61344
day of July and the thirty-first day of August in each fiscal year	61345
is the percentile ranking calculated for that district for the	61346
immediately preceding fiscal year, and the percentile ranking of a	61347
school district with which the commission has entered into such	61348
agreement between the first day of September and the thirtieth day	61349
of June in each fiscal year is the percentile ranking calculated	61350
for that district for the current fiscal year. However, in the	61351
case of a tangible personal property phase-out impacted district,	61352
the district's priority for assistance under sections 3318.01 to	61353
3318.20 of the Revised Code and its portion of the basic project	61354
cost under those sections shall be determined in the manner	61355
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of	61356
this section.	61357

(B)(1) There is hereby established the school building	61358
assistance expedited local partnership program. Under the program,	61359
the Ohio school facilities commission may enter into an agreement	61360
with the board of any school district under which the board may	61361
proceed with the new construction or major repairs of a part of	61362
the district's classroom facilities needs, as determined under	61363
sections 3318.01 to 3318.20 of the Revised Code, through the	61364
expenditure of local resources prior to the school district's	61365
eligibility for state assistance under those sections, and may	61366
apply that expenditure toward meeting the school district's	61367
portion of the basic project cost of the total of the district's	61368
classroom facilities needs, as recalculated under division (E) of	61369
this section, when the district becomes eligible for state	61370
assistance under sections 3318.01 to 3318.20 or section 3318.364	61371
of the Revised Code. Any school district that is reasonably	61372
expected to receive assistance under sections 3318.01 to 3318.20	61373
of the Revised Code within two fiscal years from the date the	61374
school district adopts its resolution under division (B) of this	61375
section shall not be eligible to participate in the program	61376
established under this section.	61377

(2) To participate in the program, a school district board	61378
shall first adopt a resolution certifying to the commission the	61379
board's intent to participate in the program.	61380

The resolution shall specify the approximate date that the	61381
board intends to seek elector approval of any bond or tax measures	61382
or to apply other local resources to use to pay the cost of	61383
classroom facilities to be constructed under this section. The	61384
resolution may specify the application of local resources or	61385
elector-approved bond or tax measures after the resolution is	61386
adopted by the board, and in such case the board may proceed with	61387
a discrete portion of its project under this section as soon as	61388
the commission and the controlling board have approved the basic	61389
project cost of the district's classroom facilities needs as	61390
specified in division (D) of this section. The board shall submit	61391
its resolution to the commission not later than ten days after the	61392
date the resolution is adopted by the board.	61393

The commission shall not consider any resolution that is	61394
submitted pursuant to division (B)(2) of this section, as amended	61395
by this amendment, sooner than September 14, 2000.	61396

(3) For purposes of determining when a district that enters	61397
into an agreement under this section becomes eligible for	61398
assistance under sections 3318.01 to 3318.20 of the Revised Code	61399
or priority for assistance under section 3318.364 of the Revised	61400
Code, the commission shall use one of the following as applicable:	61401

(a) Except for a tangible personal property phase-out	61402
impacted district, the district's percentile ranking determined at	61403
the time the district entered into the agreement under this	61404
section, as prescribed by division (A)(2) of this section;	61405

(b) For a tangible personal property phase-out impacted	61406
district, the lesser of (i) the district's percentile ranking	61407
determined at the time the district entered into the agreement	61408
under this section, as prescribed by division (A)(2) of this	61409
section, or (ii) the district's current percentile ranking under	61410
section 3318.011 of the Revised Code.	61411

(4) Any project under this section shall comply with section	61412
3318.03 of the Revised Code and with any specifications for plans	61413
and materials for classroom facilities adopted by the commission	61414
under section 3318.04 of the Revised Code.	61415

(5) If a school district that enters into an agreement under	61416
this section has not begun a project applying local resources as	61417
provided for under that agreement at the time the district is	61418
notified by the commission that it is eligible to receive state	61419
assistance under sections 3318.01 to 3318.20 of the Revised Code,	61420
all assessment and agreement documents entered into under this	61421
section are void.	61422

(6) Only construction of or repairs to classroom facilities	61423
that have been approved by the commission and have been therefore	61424
included as part of a district's basic project cost qualify for	61425
application of local resources under this section.	61426

(C) Based on the results of on-site visits and assessment,	61427
the commission shall determine the basic project cost of the	61428
school district's classroom facilities needs. The commission shall	61429
determine the school district's portion of such basic project	61430
cost, which shall be the greater of:	61431

(1) The required percentage of the basic project costs,	61432
determined based on the school district's percentile ranking;	61433

(2) An amount necessary to raise the school district's net	61434
bonded indebtedness, as of the fiscal year the commission and the	61435
school district enter into the agreement under division (B) of	61436
this section, to within five thousand dollars of the required	61437
level of indebtedness.	61438

(D)(1) When the commission determines the basic project cost	61439
of the classroom facilities needs of a school district and the	61440
school district's portion of that basic project cost under	61441
division (C) of this section, the project shall be conditionally	61442
approved. Such conditional approval shall be submitted to the	61443
controlling board for approval thereof. The controlling board	61444
shall forthwith approve or reject the commission's determination,	61445
conditional approval, and the amount of the state's portion of the	61446
basic project cost; however, no state funds shall be encumbered	61447
under this section. Upon approval by the controlling board, the	61448
school district board may identify a discrete part of its	61449
classroom facilities needs, which shall include only new	61450
construction of or additions or major repairs to a particular	61451
building, to address with local resources. Upon identifying a part	61452
of the school district's basic project cost to address with local	61453
resources, the school district board may allocate any available	61454
school district moneys to pay the cost of that identified part,	61455
including the proceeds of an issuance of bonds if approved by the	61456
electors of the school district.	61457

All local resources utilized under this division shall first	61458
be deposited in the project construction account required under	61459
section 3318.08 of the Revised Code.	61460

(2) Unless the school district board exercises its option	61461
under division (D)(3) of this section, for a school district to	61462
qualify for participation in the program authorized under this	61463
section, one of the following conditions shall be satisfied:	61464

(a) The electors of the school district by a majority vote	61465
shall approve the levy of taxes outside the ten-mill limitation	61466
for a period of twenty-three years at the rate of not less than	61467
one-half mill for each dollar of valuation to be used to pay the	61468
cost of maintaining the classroom facilities included in the basic	61469
project cost as determined by the commission. The form of the	61470
ballot to be used to submit the question whether to approve the	61471
tax required under this division to the electors of the school	61472
district shall be the form for an additional levy of taxes	61473
prescribed in section 3318.361 of the Revised Code, which may be	61474
combined in a single ballot question with the questions prescribed	61475
under section 5705.218 of the Revised Code.	61476

(b) As authorized under division (C) of section 3318.05 of	61477
the Revised Code, the school district board shall earmark from the	61478
proceeds of a permanent improvement tax levied under section	61479
5705.21 of the Revised Code, an amount equivalent to the	61480
additional tax otherwise required under division (D)(2)(a) of this	61481
section for the maintenance of the classroom facilities included	61482
in the basic project cost as determined by the commission.	61483

(c) As authorized under section 3318.051 of the Revised Code,	61484
the school district board shall, if approved by the commission,	61485
annually transfer into the maintenance fund required under section	61486
3318.05 of the Revised Code the amount prescribed in section	61487
3318.051 of the Revised Code in lieu of the tax otherwise required	61488
under division (D)(2)(a) of this section for the maintenance of	61489
the classroom facilities included in the basic project cost as	61490
determined by the commission.	61491

(d) If the school district board has rescinded the agreement	61492
to make transfers under section 3318.051 of the Revised Code, as	61493
provided under division (F) of that section, the electors of the	61494
school district, in accordance with section 3318.063 of the	61495
Revised Code, first shall approve the levy of taxes outside the	61496
ten-mill limitation for the period specified in that section at a	61497
rate of not less than one-half mill for each dollar of valuation.	61498

(e) The school district board shall apply the proceeds of a	61499
tax to leverage bonds as authorized under section 3318.052 of the	61500
Revised Code or dedicate a local donated contribution in the	61501
manner described in division (B) of section 3318.084 of the	61502
Revised Code in an amount equivalent to the additional tax	61503
otherwise required under division (D)(2)(a) of this section for	61504
the maintenance of the classroom facilities included in the basic	61505
project cost as determined by the commission.	61506

(3) A school district board may opt to delay taking any of	61507
the actions described in division (D)(2) of this section until the	61508
school district becomes eligible for state assistance under	61509
sections 3318.01 to 3318.20 of the Revised Code. In order to	61510
exercise this option, the board shall certify to the commission a	61511
resolution indicating the board's intent to do so prior to	61512
entering into an agreement under division (B) of this section.	61513

(4) If pursuant to division (D)(3) of this section a district	61514
board opts to delay levying an additional tax until the district	61515
becomes eligible for state assistance, it shall submit the	61516
question of levying that tax to the district electors as follows:	61517

(a) In accordance with section 3318.06 of the Revised Code if	61518
it will also be necessary pursuant to division (E) of this section	61519
to submit a proposal for approval of a bond issue;	61520

(b) In accordance with section 3318.361 of the Revised Code	61521
if it is not necessary to also submit a proposal for approval of a	61522
bond issue pursuant to division (E) of this section.	61523

(5) No state assistance under sections 3318.01 to 3318.20 of	61524
the Revised Code shall be released until a school district board	61525
that adopts and certifies a resolution under division (D) of this	61526
section also demonstrates to the satisfaction of the commission	61527
compliance with the provisions of division (D)(2) of this section.	61528

Any amount required for maintenance under division (D)(2) of	61529
this section shall be deposited into a separate fund as specified	61530
in division (B) of section 3318.05 of the Revised Code.	61531

(E)(1) If the school district becomes eligible for state	61532
assistance under sections 3318.01 to 3318.20 of the Revised Code	61533
based on its percentile ranking under division (B)(3) of this	61534
section or is offered assistance under section 3318.364 of the	61535
Revised Code, the commission shall conduct a new assessment of the	61536
school district's classroom facilities needs and shall recalculate	61537
the basic project cost based on this new assessment. The basic	61538
project cost recalculated under this division shall include the	61539
amount of expenditures made by the school district board under	61540
division (D)(1) of this section. The commission shall then	61541
recalculate the school district's portion of the new basic project	61542
cost, which shall be one of the following as applicable:	61543

(a) Except for a tangible personal property phase-out	61544
impacted district, the percentage of the original basic project	61545
cost assigned to the school district as its portion under division	61546
(C) of this section;	61547

(b) For a tangible personal property phase-out impacted	61548
district, the lesser of (i) the percentage of the original basic	61549
project cost assigned to the school district as its portion under	61550
division (C) of this section, or (ii) the percentage of the new	61551
basic project cost determined under section 3318.032 of the	61552
Revised Code using the district's current percentile ranking under	61553
section 3318.011 of the Revised Code. ~~The~~	61554

The commission shall deduct the expenditure of school	61555
district moneys made under division (D)(1) of this section from	61556
the school district's portion of the basic project cost as	61557
recalculated under this division. If the amount of school district	61558
resources applied by the school district board to the school	61559
district's portion of the basic project cost under this section is	61560
less than the total amount of such portion as recalculated under	61561
this division, the school district board by a majority vote of all	61562
of its members shall, if it desires to seek state assistance under	61563
sections 3318.01 to 3318.20 of the Revised Code, adopt a	61564
resolution as specified in section 3318.06 of the Revised Code to	61565
submit to the electors of the school district the question of	61566
approval of a bond issue in order to pay any additional amount of	61567
school district portion required for state assistance. Any tax	61568
levy approved under division (D) of this section satisfies the	61569
requirements to levy the additional tax under section 3318.06 of	61570
the Revised Code.	61571

(2) If the amount of school district resources applied by the	61572
school district board to the school district's portion of the	61573
basic project cost under this section is more than the total	61574
amount of such portion as recalculated under ~~this~~ division (E)(1)	61575
of this section, within one year after the school district's	61576
portion is so recalculated ~~under division (E)(1) of this section~~	61577
the commission may grant to the school district the difference	61578
between the two calculated portions, but at no time shall the	61579
commission expend any state funds on a project in an amount	61580
greater than the state's portion of the basic project cost as	61581
recalculated under ~~this~~ division (E)(1) of this section.	61582

Any reimbursement under this division shall be only for local	61583
resources the school district has applied toward construction cost	61584
expenditures for the classroom facilities approved by the	61585
commission, which shall not include any financing costs associated	61586
with that construction.	61587

The school district board shall use any moneys reimbursed to	61588
the district under this division to pay off any debt service the	61589
district owes for classroom facilities constructed under its	61590
project under this section before such moneys are applied to any	61591
other purpose. However, the district board first may deposit	61592
moneys reimbursed under this division into the district's general	61593
fund or a permanent improvement fund to replace local resources	61594
the district withdrew from those funds, as long as, and to the	61595
extent that, those local resources were used by the district for	61596
constructing classroom facilities included in the district's basic	61597
project cost.	61598

(3) A tangible personal property phase-out impacted district	61599
shall receive credit under division (E) of this section for the	61600
expenditure of local resources pursuant to any prior agreement	61601
authorized by this section, notwithstanding any recalculation of	61602
its average taxable value.	61603

Sec. 3318.363. (A) This section applies beginning in fiscal	61604
year 2003 and only to a school district participating in the	61605
school building assistance expedited local partnership program	61606
under section 3318.36 of the Revised Code.	61607

(B) If there is a decrease in the tax valuation of a school	61608
district to which this section applies by ten per cent or greater	61609
from one tax year to the next due to a decrease in the assessment	61610
rate of the taxable property of an electric company that owns	61611
property in the district, as provided for in section 5727.111 of	61612
the Revised Code as amended by Am. Sub. S.B. 3 of the 123rd	61613
General Assembly, the Ohio school facilities commission shall	61614
calculate or recalculate the state and school district portions of	61615
the basic project cost of the school district's project by	61616
determining the percentile rank in which the district would be	61617
located if such ranking were made using the adjusted valuation per	61618
pupil calculated under division (C) of this section rather than	61619
the three-year average adjusted valuation per pupil, calculated	61620
under division (B) of section 3318.011 of the Revised Code. For	61621
such district, the required percentage of the basic project cost	61622
used to determine the state and school district shares of that	61623
cost under division (C) of section 3318.36 of the Revised Code	61624
shall be based on the percentile rank as calculated under this	61625
section rather than as otherwise provided in division (C)(1) of	61626
section 3318.36 of the Revised Code. If the commission has	61627
determined the state and school district portion of the basic	61628
project cost of such a district's project under section 3318.36 of	61629
the Revised Code prior to that decrease in tax valuation, the	61630
commission shall adjust the state and school district shares of	61631
the basic project cost of such project in accordance with this	61632
section.	61633

(C)(1) As used in divisions (C) and (D) of this section,	61634
"total taxable value," and "formula ADM," ~~and "income factor"~~ have	61635
the same meanings as in section 3317.02 of the Revised Code, and	61636
"income factor" has the same meaning as in section 3318.011 of the	61637
Revised Code.	61638

(2) The adjusted valuation per pupil for a school district to	61639
which this section applies shall be calculated using the following	61640
formula:	61641

(The district's total taxable value for the tax year	61642
preceding the calendar year in which the current fiscal year	61643
begins / the district's formula ADM for the previous fiscal year)	61644
- [$30,000 x (1 - the district's income factor)].	61645

(D) At the request of the Ohio school facilities commission,	61646
the department of education shall report a district's total	61647
taxable value for the tax year preceding the calendar year in	61648
which the current fiscal year begins for any district to which	61649
this section applies as that information has been certified to the	61650
department by the tax commissioner pursuant to section 3317.021 of	61651
the Revised Code.	61652

Sec. 3319.031. Notwithstanding any provision of the Revised	61653
Code to the contrary, if the board of education of a city, local,	61654
or exempted village school district does not appoint a business	61655
manager under section 3319.03 of the Revised Code, the board may	61656
assign powers and duties specified in section 3319.04 of the	61657
Revised Code to one or more employees or officers of the board,	61658
including the treasurer, and may give the employees or officers	61659
any title recognizing the assignment of the powers and duties. The	61660
prohibition, in section 3319.04 of the Revised Code, against a	61661
business manager having possession of moneys does not prevent a	61662
board from assigning powers and duties specified in that section	61663
to the treasurer and does not prevent a treasurer who is assigned	61664
those powers and duties from exercising the powers and duties of	61665
treasurer. If the board assigns the duties of a business manager	61666
under section 3319.04 of the Revised Code to the treasurer, the	61667
treasurer shall not have the authority to make recommendations to	61668
appoint or discharge noneducational employees, except as provided	61669
under section 3313.31 of the Revised Code. Instead, the district	61670
superintendent shall be responsible for making recommendations,	61671
subject to confirmation by the board, for the appointment or	61672
discharge of noneducational employees.	61673

Sec. 3319.07. (A) The board of education of each city,	61674
exempted village, local, and joint vocational school district	61675
shall employ the teachers of the public schools of their	61676
respective districts.	61677

The governing board of each educational service center may	61678
employ special instruction teachers, special education teachers,	61679
and teachers of academic courses in which there are too few	61680
students in each of the school districts entering into agreements	61681
pursuant to section 3313.843 of the Revised Code to warrant each	61682
district's employing teachers for those courses.	61683

When any board makes appointments of teachers, the teachers	61684
in the employ of the board shall be considered before new teachers	61685
are chosen in their stead. In all school districts and in service	61686
centers, no teacher shall be employed unless such person is	61687
nominated by the superintendent of such district or center, or by	61688
another individual designated by the board in the event that the	61689
superintendent's nomination would be a violation of section	61690
2921.42 of the Revised Code. Such board, by a three-fourths vote	61691
of its full membership, may re-employ any teacher whom the	61692
superintendent refuses to appoint.	61693

(B) The board of education of any school district may	61694
contract with the governing board of the educational service	61695
center from which it otherwise receives services to conduct	61696
searches and recruitment of candidates for teacher positions.	61697

Sec. 3319.073. (A) The board of education of each city and	61698
exempted village school district and the governing board of each	61699
educational service center shall adopt or adapt the curriculum	61700
developed by the department of education for, or shall develop in	61701
consultation with public or private agencies or persons involved	61702
in child abuse prevention or intervention programs, a program of	61703
in-service training in the prevention of child abuse, violence,	61704
and substance abuse and the promotion of positive youth	61705
development. Each person employed by any school district or	61706
service center to work in a school as a nurse, teacher, counselor,	61707
school psychologist, or administrator shall complete at least four	61708
hours of the in-service training within two years of commencing	61709
employment with the district or center, and every five years	61710
thereafter. A person who is employed by any school district or	61711
service center to work in an elementary school as a nurse,	61712
teacher, counselor, school psychologist, or administrator on March	61713
30, 2007, shall complete at least four hours of the in-service	61714
training not later than March 30, 2009, and every five years	61715
thereafter. A person who is employed by any school district or	61716
service center to work in a middle or high school as a nurse,	61717
teacher, counselor, school psychologist, or administrator on	61718
October 16, 2009, shall complete at least four hours of the	61719
in-service training not later than October 16, 2011, and every	61720
five years thereafter.	61721

(B) Each board shall incorporate training in school safety	61722
and violence prevention, including human trafficking content, into	61723
the in-service training required by division (A) of this section.	61724
For this purpose, the board shall adopt or adapt the curriculum	61725
developed by the department or shall develop its own curriculum in	61726
consultation with public or private agencies or persons involved	61727
in school safety and violence prevention programs.	61728

(C) Each board shall incorporate training on the board's	61729
harassment, intimidation, or bullying policy adopted under section	61730
3313.666 of the Revised Code into the in-service training required	61731
by division (A) of this section. Each board also shall incorporate	61732
training in the prevention of dating violence into the in-service	61733
training required by that division for middle and high school	61734
employees. The board shall develop its own curricula for these	61735
purposes.	61736

(D) Each board shall incorporate training in youth suicide	61737
awareness and prevention into the in-service training required by	61738
division (A) of this section for each person employed by a school	61739
district or service center to work in a school as a nurse,	61740
teacher, counselor, school psychologist, or administrator, and any	61741
other personnel that the board determines appropriate. For this	61742
purpose, the board shall adopt or adapt the curriculum developed	61743
by the department or shall develop its own curriculum in	61744
consultation with public or private agencies or persons involved	61745
in youth suicide awareness and prevention programs.	61746

The training completed under this division shall count toward	61747
the satisfaction of requirements for professional development	61748
required by the school district or service center board, and the	61749
training may be accomplished through self-review of suitable	61750
suicide prevention materials approved by the board.	61751

Sec. 3319.112. (A) Not later than December 31, 2011, the	61752
state board of education shall develop a standards-based state	61753
framework for the evaluation of teachers. The state board may	61754
update the framework periodically by adoption of a resolution. The	61755
framework shall establish an evaluation system that does the	61756
following:	61757

(1) Provides for multiple evaluation factors. One factor	61758
shall be student academic growth which shall account for fifty per	61759
cent of each evaluation. When applicable to the grade level or	61760
subject area taught by a teacher, the value-added progress	61761
dimension established under section 3302.021 of the Revised Code	61762
or an alternative student academic progress measure if adopted	61763
under division (C)(1)(e) of section 3302.03 of the Revised Code	61764
shall be used in the student academic growth portion of an	61765
evaluation in proportion to the part of a teacher's schedule of	61766
courses or subjects for which the value-added progress dimension	61767
is applicable.	61768

If a teacher's schedule is comprised only of courses or	61769
subjects for which the value-added progress dimension is	61770
applicable, one of the following applies:	61771

(a) Beginning with ~~the effective date of this amendment~~March	61772
22, 2013, until June 30, 2014, the majority of the student	61773
academic growth factor of the evaluation shall be based on the	61774
value-added progress dimension.	61775

(b) On or after July 1, 2014, the entire student academic	61776
growth factor of the evaluation shall be based on the value-added	61777
progress dimension. In calculating student academic growth for an	61778
evaluation, a student shall not be included if the student has	61779
~~sixty~~forty-five or more excused or unexcused absences ~~for the~~	61780
~~school~~during the full academic year.	61781

(2) Is aligned with the standards for teachers adopted under	61782
section 3319.61 of the Revised Code;	61783

(3) Requires observation of the teacher being evaluated,	61784
including at least two formal observations by the evaluator of at	61785
least thirty minutes each and classroom walkthroughs;	61786

(4) Assigns a rating on each evaluation in accordance with	61787
division (B) of this section;	61788

(5) Requires each teacher to be provided with a written	61789
report of the results of the teacher's evaluation;	61790

(6) Identifies measures of student academic growth for grade	61791
levels and subjects for which the value-added progress dimension	61792
prescribed by section 3302.021 of the Revised Code or an	61793
alternative student academic progress measure if adopted under	61794
division (C)(1)(e) of section 3302.03 of the Revised Code does not	61795
apply;	61796

(7) Implements a classroom-level, value-added program	61797
developed by a nonprofit organization described in division (B) of	61798
section 3302.021 of the Revised Code or an alternative student	61799
academic progress measure if adopted under division (C)(1)(e) of	61800
section 3302.03 of the Revised Code;	61801

(8) Provides for professional development to accelerate and	61802
continue teacher growth and provide support to poorly performing	61803
teachers;	61804

(9) Provides for the allocation of financial resources to	61805
support professional development.	61806

(B) For purposes of the framework developed under this	61807
section, the state board also shall do the following:	61808

(1) Develop specific standards and criteria that distinguish	61809
between the following levels of performance for teachers and	61810
principals for the purpose of assigning ratings on the evaluations	61811
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111	61812
of the Revised Code:	61813

(a) Accomplished;

61814

(b) ~~Proficient~~Skilled;

61815

61816

(d) Ineffective.

61817

(2) For grade levels and subjects for which the assessments	61818
prescribed under sections 3301.0710 and 3301.0712 of the Revised	61819
Code and the value-added progress dimension prescribed by section	61820
3302.021 of the Revised Code, or alternative student academic	61821
progress measure, do not apply, develop a list of student	61822
assessments that measure mastery of the course content for the	61823
appropriate grade level, which may include nationally normed	61824
standardized assessments, industry certification examinations, or	61825
end-of-course examinations.	61826

(C) The state board shall consult with experts, teachers and	61827
principals employed in public schools, and representatives of	61828
stakeholder groups in developing the standards and criteria	61829
required by division (B)(1) of this section.	61830

(D) To assist school districts in developing evaluation	61831
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of	61832
the Revised Code, the department shall do both of the following:	61833

(1) Serve as a clearinghouse of promising evaluation	61834
procedures and evaluation models that districts may use;	61835

(2) Provide technical assistance to districts in creating	61836
evaluation policies.	61837

(E) Not later than June 30, 2013, the state board, in	61838
consultation with state agencies that employ teachers, shall	61839
develop a standards-based framework for the evaluation of teachers	61840
employed by those agencies. Each state agency that employs	61841
teachers shall adopt a standards-based teacher evaluation policy	61842
that conforms with the framework developed under this division.	61843
The policy shall become operative at the expiration of any	61844
collective bargaining agreement covering teachers employed by the	61845
agency that is in effect on September 24, 2012, and shall be	61846
included in any renewal or extension of such an agreement.	61847
However, this division does not apply to any person who is	61848
employed as a substitute teacher or as an instructor of adult	61849
education.	61850

Sec. 3319.17. (A) As used in this section, "interdistrict	61851
contract" means any contract or agreement entered into by an	61852
educational service center governing board and another board or	61853
other public entity pursuant to section 3313.17, 3313.841,	61854
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	61855
Revised Code, including any such contract or agreement for the	61856
provision of services funded under division (E) of section	61857
3317.024 of the Revised Code ~~or provided in any unit approved~~	61858
~~under section 3317.05 of the Revised Code~~.	61859

(B) When, for any of the following reasons that apply to any	61860
city, exempted village, local, or joint vocational school district	61861
or any educational service center, the board decides that it will	61862
be necessary to reduce the number of teachers it employs, it may	61863
make a reasonable reduction:	61864

(1) In the case of any district or service center, return to	61865
duty of regular teachers after leaves of absence including	61866
suspension of schools, territorial changes affecting the district	61867
or center, or financial reasons;	61868

(2) In the case of any city, exempted village, local, or	61869
joint vocational school district, decreased enrollment of pupils	61870
in the district;	61871

(3) In the case of any governing board of a service center	61872
providing any particular service directly to pupils pursuant to	61873
one or more interdistrict contracts requiring such service,	61874
reduction in the total number of pupils the governing board is	61875
required to provide with the service under all interdistrict	61876
contracts as a result of the termination or nonrenewal of one or	61877
more of these interdistrict contracts;	61878

(4) In the case of any governing board providing any	61879
particular service that it does not provide directly to pupils	61880
pursuant to one or more interdistrict contracts requiring such	61881
service, reduction in the total level of the service the governing	61882
board is required to provide under all interdistrict contracts as	61883
a result of the termination or nonrenewal of one or more of these	61884
interdistrict contracts.	61885

(C) In making any such reduction, any city, exempted village,	61886
local, or joint vocational school board shall proceed to suspend	61887
contracts in accordance with the recommendation of the	61888
superintendent of schools who shall, within each teaching field	61889
affected, give preference to teachers on continuing contracts. The	61890
board shall not give preference to any teacher based on seniority,	61891
except when making a decision between teachers who have comparable	61892
evaluations.	61893

On a case-by-case basis, in lieu of suspending a contract in	61894
whole, a board may suspend a contract in part, so that an	61895
individual is required to work a percentage of the time the	61896
employee otherwise is required to work under the contract and	61897
receives a commensurate percentage of the full compensation the	61898
employee otherwise would receive under the contract.	61899

The teachers whose continuing contracts are suspended by any	61900
board pursuant to this section shall have the right of restoration	61901
to continuing service status by that board if and when teaching	61902
positions become vacant or are created for which any of such	61903
teachers are or become qualified. No teacher whose continuing	61904
contract has been suspended pursuant to this section shall lose	61905
that right of restoration to continuing service status by reason	61906
of having declined recall to a position that is less than	61907
full-time or, if the teacher was not employed full-time just prior	61908
to suspension of the teacher's continuing contract, to a position	61909
requiring a lesser percentage of full-time employment than the	61910
position the teacher last held while employed in the district or	61911
service center. Seniority shall not be the basis for rehiring a	61912
teacher, except when making a decision between teachers who have	61913
comparable evaluations.	61914

(D) Notwithstanding any provision to the contrary in Chapter	61915
4117. of the Revised Code:	61916

(1) The requirements of this section, as it existed prior to	61917
~~the effective date of this amendment~~September 29, 2011, prevail	61918
over any conflicting provisions of agreements between employee	61919
organizations and public employers entered into between September	61920
29, 2005, and ~~that effective date~~September 29, 2011;	61921

(2) The requirements of this section, as it exists on and	61922
after ~~the effective date of this amendment~~September 29, 2011,	61923
prevail over any conflicting provisions of agreements between	61924
employee organizations and public employers entered into on or	61925
after ~~that effective date~~September 29, 2011.	61926

Sec. 3319.22. (A)(1) The state board of education shall	61927
issue the following educator licenses:	61928

(a) A resident educator license, which shall be valid for	61929
four years, except that the state board, on a case-by-case basis,	61930
may extend the license's duration as necessary to enable the	61931
license holder to complete the Ohio teacher residency program	61932
established under section 3319.223 of the Revised Code;	61933

(b) A professional educator license, which shall be valid for	61934
five years and shall be renewable;	61935

(c) A senior professional educator license, which shall be	61936
valid for five years and shall be renewable;	61937

(d) A lead professional educator license, which shall be	61938
valid for five years and shall be renewable.	61939

(2) The state board may issue any additional educator	61940
licenses of categories, types, and levels the board elects to	61941
provide.	61942

(3) The state board shall adopt rules establishing the	61943
standards and requirements for obtaining each educator license	61944
issued under this section.	61945

(B) The rules adopted under this section shall require at	61946
least the following standards and qualifications for the educator	61947
licenses described in division (A)(1) of this section:	61948

(1) An applicant for a resident educator license shall hold	61949
at least a bachelor's degree from an accredited teacher	61950
preparation program or be a participant in the teach for America	61951
program and meet the qualifications required under section	61952
3319.227 of the Revised Code.	61953

(2) An applicant for a professional educator license shall:

61954

(a) Hold at least a bachelor's degree from an institution of	61955
higher education accredited by a regional accrediting	61956
organization;	61957

(b) Have successfully completed the Ohio teacher residency	61958
program established under section 3319.223 of the Revised Code, if	61959
the applicant's current or most recently issued license is a	61960
resident educator license issued under this section or an	61961
alternative resident educator license issued under section 3319.26	61962
of the Revised Code.	61963

(3) An applicant for a senior professional educator license	61964
shall:	61965

(a) Hold at least a master's degree from an institution of	61966
higher education accredited by a regional accrediting	61967
organization;	61968

(b) Have previously held a professional educator license	61969
issued under this section or section 3319.222 or under former	61970
section 3319.22 of the Revised Code;	61971

(c) Meet the criteria for the accomplished or distinguished	61972
level of performance, as described in the standards for teachers	61973
adopted by the state board under section 3319.61 of the Revised	61974
Code.	61975

(4) An applicant for a lead professional educator license	61976
shall:	61977

(a) Hold at least a master's degree from an institution of	61978
higher education accredited by a regional accrediting	61979
organization;	61980

(b) Have previously held a professional educator license or a	61981
senior professional educator license issued under this section or	61982
a professional educator license issued under section 3319.222 or	61983
former section 3319.22 of the Revised Code;	61984

(c) Meet the criteria for the distinguished level of	61985
performance, as described in the standards for teachers adopted by	61986
the state board under section 3319.61 of the Revised Code;	61987

(d) Either hold a valid certificate issued by the national	61988
board for professional teaching standards or meet the criteria for	61989
a master teacher or other criteria for a lead teacher adopted by	61990
the educator standards board under division (F)(4) or (5) of	61991
section 3319.61 of the Revised Code.	61992

(C) The state board shall align the standards and	61993
qualifications for obtaining a principal license with the	61994
standards for principals adopted by the state board under section	61995
3319.61 of the Revised Code.	61996

(D) If the state board requires any examinations for educator	61997
licensure, the department of education shall provide the results	61998
of such examinations received by the department to the chancellor	61999
of the Ohio board of regents, in the manner and to the extent	62000
permitted by state and federal law.	62001

(E) Any rules the state board of education adopts, amends, or	62002
rescinds for educator licenses under this section, division (D) of	62003
section 3301.07 of the Revised Code, or any other law shall be	62004
adopted, amended, or rescinded under Chapter 119. of the Revised	62005
Code except as follows:	62006

(1) Notwithstanding division (D) of section 119.03 and	62007
division (A)(1) of section 119.04 of the Revised Code, in the case	62008
of the adoption of any rule or the amendment or rescission of any	62009
rule that necessitates institutions' offering preparation programs	62010
for educators and other school personnel that are approved by the	62011
chancellor of the Ohio board of regents under section 3333.048 of	62012
the Revised Code to revise the curriculum of those programs, the	62013
effective date shall not be as prescribed in division (D) of	62014
section 119.03 and division (A)(1) of section 119.04 of the	62015
Revised Code. Instead, the effective date of such rules, or the	62016
amendment or rescission of such rules, shall be the date	62017
prescribed by section 3333.048 of the Revised Code.	62018

(2) Notwithstanding the authority to adopt, amend, or rescind	62019
emergency rules in division (F) of section 119.03 of the Revised	62020
Code, this authority shall not apply to the state board of	62021
education with regard to rules for educator licenses.	62022

(F)(1) The rules adopted under this section establishing	62023
standards requiring additional coursework for the renewal of any	62024
educator license shall require a school district and a chartered	62025
nonpublic school to establish local professional development	62026
committees. In a nonpublic school, the chief administrative	62027
officer shall establish the committees in any manner acceptable to	62028
such officer. The committees established under this division shall	62029
determine whether coursework that a district or chartered	62030
nonpublic school teacher proposes to complete meets the	62031
requirement of the rules. The department of education shall	62032
provide technical assistance and support to committees as the	62033
committees incorporate the professional development standards	62034
adopted by the state board of education pursuant to section	62035
3319.61 of the Revised Code into their review of coursework that	62036
is appropriate for license renewal. The rules shall establish a	62037
procedure by which a teacher may appeal the decision of a local	62038
professional development committee.	62039

(2) In any school district in which there is no exclusive	62040
representative established under Chapter 4117. of the Revised	62041
Code, the professional development committees shall be established	62042
as described in division (F)(2) of this section.	62043

Not later than the effective date of the rules adopted under	62044
this section, the board of education of each school district shall	62045
establish the structure for one or more local professional	62046
development committees to be operated by such school district. The	62047
committee structure so established by a district board shall	62048
remain in effect unless within thirty days prior to an anniversary	62049
of the date upon which the current committee structure was	62050
established, the board provides notice to all affected district	62051
employees that the committee structure is to be modified.	62052
Professional development committees may have a district-level or	62053
building-level scope of operations, and may be established with	62054
regard to particular grade or age levels for which an educator	62055
license is designated.	62056

Each professional development committee shall consist of at	62057
least three classroom teachers employed by the district, one	62058
principal employed by the district, and one other employee of the	62059
district appointed by the district superintendent. For committees	62060
with a building-level scope, the teacher and principal members	62061
shall be assigned to that building, and the teacher members shall	62062
be elected by majority vote of the classroom teachers assigned to	62063
that building. For committees with a district-level scope, the	62064
teacher members shall be elected by majority vote of the classroom	62065
teachers of the district, and the principal member shall be	62066
elected by a majority vote of the principals of the district,	62067
unless there are two or fewer principals employed by the district,	62068
in which case the one or two principals employed shall serve on	62069
the committee. If a committee has a particular grade or age level	62070
scope, the teacher members shall be licensed to teach such grade	62071
or age levels, and shall be elected by majority vote of the	62072
classroom teachers holding such a license and the principal shall	62073
be elected by all principals serving in buildings where any such	62074
teachers serve. The district superintendent shall appoint a	62075
replacement to fill any vacancy that occurs on a professional	62076
development committee, except in the case of vacancies among the	62077
elected classroom teacher members, which shall be filled by vote	62078
of the remaining members of the committee so selected.	62079

Terms of office on professional development committees shall	62080
be prescribed by the district board establishing the committees.	62081
The conduct of elections for members of professional development	62082
committees shall be prescribed by the district board establishing	62083
the committees. A professional development committee may include	62084
additional members, except that the majority of members on each	62085
such committee shall be classroom teachers employed by the	62086
district. Any member appointed to fill a vacancy occurring prior	62087
to the expiration date of the term for which a predecessor was	62088
appointed shall hold office as a member for the remainder of that	62089
term.	62090

The initial meeting of any professional development	62091
committee, upon election and appointment of all committee members,	62092
shall be called by a member designated by the district	62093
superintendent. At this initial meeting, the committee shall	62094
select a chairperson and such other officers the committee deems	62095
necessary, and shall adopt rules for the conduct of its meetings.	62096
Thereafter, the committee shall meet at the call of the	62097
chairperson or upon the filing of a petition with the district	62098
superintendent signed by a majority of the committee members	62099
calling for the committee to meet.	62100

(3) In the case of a school district in which an exclusive	62101
representative has been established pursuant to Chapter 4117. of	62102
the Revised Code, professional development committees shall be	62103
established in accordance with any collective bargaining agreement	62104
in effect in the district that includes provisions for such	62105
committees.	62106

If the collective bargaining agreement does not specify a	62107
different method for the selection of teacher members of the	62108
committees, the exclusive representative of the district's	62109
teachers shall select the teacher members.	62110

If the collective bargaining agreement does not specify a	62111
different structure for the committees, the board of education of	62112
the school district shall establish the structure, including the	62113
number of committees and the number of teacher and administrative	62114
members on each committee; the specific administrative members to	62115
be part of each committee; whether the scope of the committees	62116
will be district levels, building levels, or by type of grade or	62117
age levels for which educator licenses are designated; the lengths	62118
of terms for members; the manner of filling vacancies on the	62119
committees; and the frequency and time and place of meetings.	62120
However, in all cases, except as provided in division (F)(4) of	62121
this section, there shall be a majority of teacher members of any	62122
professional development committee, there shall be at least five	62123
total members of any professional development committee, and the	62124
exclusive representative shall designate replacement members in	62125
the case of vacancies among teacher members, unless the collective	62126
bargaining agreement specifies a different method of selecting	62127
such replacements.	62128

(4) Whenever an administrator's coursework plan is being	62129
discussed or voted upon, the local professional development	62130
committee shall, at the request of one of its administrative	62131
members, cause a majority of the committee to consist of	62132
administrative members by reducing the number of teacher members	62133
voting on the plan.	62134

(G)(1) The department of education, educational service	62135
centers, county boards of developmental disabilities, regional	62136
professional development centers, special education regional	62137
resource centers, college and university departments of education,	62138
head start programs, ~~the eTech Ohio commission,~~ and the Ohio	62139
education computer network may establish local professional	62140
development committees to determine whether the coursework	62141
proposed by their employees who are licensed or certificated under	62142
this section or section 3319.222 of the Revised Code, or under the	62143
former version of either section as it existed prior to October	62144
16, 2009, meet the requirements of the rules adopted under this	62145
section. They may establish local professional development	62146
committees on their own or in collaboration with a school district	62147
or other agency having authority to establish them.	62148

Local professional development committees established by	62149
county boards of developmental disabilities shall be structured in	62150
a manner comparable to the structures prescribed for school	62151
districts in divisions (F)(2) and (3) of this section, as shall	62152
the committees established by any other entity specified in	62153
division (G)(1) of this section that provides educational services	62154
by employing or contracting for services of classroom teachers	62155
licensed or certificated under this section or section 3319.222 of	62156
the Revised Code, or under the former version of either section as	62157
it existed prior to October 16, 2009. All other entities specified	62158
in division (G)(1) of this section shall structure their	62159
committees in accordance with guidelines which shall be issued by	62160
the state board.	62161

(2) Any public agency that is not specified in division	62162
(G)(1) of this section but provides educational services and	62163
employs or contracts for services of classroom teachers licensed	62164
or certificated under this section or section 3319.222 of the	62165
Revised Code, or under the former version of either section as it	62166
existed prior to October 16, 2009, may establish a local	62167
professional development committee, subject to the approval of the	62168
department of education. The committee shall be structured in	62169
accordance with guidelines issued by the state board.	62170

Sec. 3319.235. (A) The standards for the preparation of	62171
teachers adopted under section 3333.048 of the Revised Code shall	62172
require any institution that provides a course of study for the	62173
training of teachers to ensure that graduates of such course of	62174
study are skilled at integrating educational technology in the	62175
instruction of children, as evidenced by the graduate having	62176
either demonstrated proficiency in such skills in a manner	62177
prescribed by the department of education or completed a course	62178
that includes training in such skills.	62179

(B) The ~~eTech Ohio commission~~chancellor of the Ohio board of	62180
regents, in consultation with the department of education, shall	62181
establish model professional development programs to assist	62182
teachers who completed their teacher preparation prior to the	62183
effective date of division (A) of this section to become skilled	62184
at integrating educational technology in the instruction of	62185
children. The ~~commission~~chancellor shall provide technical	62186
assistance to school districts wishing to establish such programs.	62187

Sec. 3319.57. (A) A grant program is hereby established	62188
under which the department of education shall award grants to	62189
assist certain schools in a city, exempted village, local, or	62190
joint vocational school district in implementing one of the	62191
following innovations:	62192

(1) The use of instructional specialists to mentor and	62193
support classroom teachers;	62194

(2) The use of building managers to supervise the	62195
administrative functions of school operation so that a school	62196
principal can focus on supporting instruction, providing	62197
instructional leadership, and engaging teachers as part of the	62198
instructional leadership team;	62199

(3) The reconfiguration of school leadership structure in a	62200
manner that allows teachers to serve in leadership roles so that	62201
teachers may share the responsibility for making and implementing	62202
school decisions;	62203

(4) The adoption of new models for restructuring the school	62204
day or school year, such as including teacher planning and	62205
collaboration time as part of the school day;	62206

(5) The creation of smaller schools or smaller units within	62207
larger schools for the purpose of facilitating teacher	62208
collaboration to improve and advance the professional practice of	62209
teaching;	62210

(6) The implementation of "grow your own" recruitment	62211
strategies that are designed to assist individuals who show a	62212
commitment to education become licensed teachers, to assist	62213
experienced teachers obtain licensure in subject areas for which	62214
there is need, and to assist teachers in becoming principals;	62215

(7) The provision of better conditions for new teachers, such	62216
as reduced teaching load and reduced class size;	62217

(8) The provision of incentives to attract qualified	62218
mathematics, science, or special education teachers;	62219

(9) The development and implementation of a partnership with	62220
teacher preparation programs at colleges and universities to help	62221
attract teachers qualified to teach in shortage areas;	62222

(10) The implementation of a program to increase the cultural	62223
competency of both new and veteran teachers;	62224

(11) The implementation of a program to increase the subject	62225
matter competency of veteran teachers.	62226

(B) To qualify for a grant to implement one of the	62227
innovations described in division (A) of this section, a school	62228
must meet both of the following criteria:	62229

(1) Be hard to staff, as defined by the department.

62230

(2) Use existing school district funds for the implementation	62231
of the innovation in an amount equal to the grant amount	62232
multiplied by (1 - the district's state share ~~percentage~~index for	62233
the fiscal year in which the grant is awarded).	62234

For purposes of division (B)(2) of this section, "state share	62235
~~percentage~~index" has the same meaning as in section 3317.02 of	62236
the Revised Code.	62237

(C) The amount and number of grants awarded under this	62238
section shall be determined by the department based on any	62239
appropriations made by the general assembly for grants under this	62240
section.	62241

(D) The state board of education shall adopt rules for the	62242
administration of this grant program.	62243

Sec. 3319.58. (A) As used in this section, "core subject	62244
area" has the same meaning as in section 3319.074 of the Revised	62245
Code.	62246

(B) Each year, beginning with the 2015-2016 school year, the	62247
board of education of each city, exempted village, local, and	62248
joint vocational school district shall require each classroom	62249
teacher who is currently teaching in a core subject area and has	62250
received a rating of ineffective on the evaluations conducted	62251
under section 3319.111 of the Revised Code for two of the three	62252
most recent school years to register for and take all written	62253
examinations of content knowledge selected by the department of	62254
education as appropriate to determine expertise to teach that core	62255
subject area and the grade level to which the teacher is assigned.	62256

(C) Each year, beginning with the 2015-2016 school year, the	62257
governing authority of each community school established under	62258
Chapter 3314. of the Revised Code, except a community school to	62259
which section 3314.017 of the Revised Code applies or a community	62260
school described in division (A)(4)(b) of section 3314.35 of the	62261
Revised Code, and governing body of each STEM school established	62262
under Chapter 3326. of the Revised Code with a building ranked in	62263
the lowest ten per cent of all public school buildings according	62264
to performance index score, under section 3302.21 of the Revised	62265
Code, shall require each classroom teacher currently teaching in a	62266
core subject area in such a building to register for and take all	62267
written examinations of content knowledge selected by the	62268
department as appropriate to determine expertise to teach that	62269
core subject area and the grade level to which the teacher is	62270
assigned.	62271

(D) If a teacher who takes an examination under division (B)	62272
of this section passes that examination and provides proof of that	62273
passage to the teacher's employer, the employer shall require the	62274
teacher, at the teacher's expense, to complete professional	62275
development that is targeted to the deficiencies identified in the	62276
teacher's evaluations conducted under section 3319.111 of the	62277
Revised Code. The receipt by the teacher of a rating of	62278
ineffective on the teacher's next evaluation after completion of	62279
the professional development, or the failure of the teacher to	62280
complete the professional development, shall be grounds for	62281
termination of the teacher under section 3319.16 of the Revised	62282
Code.	62283

(E) If a teacher who takes an examination under this section	62284
passes that examination and provides proof of that passage to the	62285
teacher's employer, the teacher shall not be required to take the	62286
examination again for three years, regardless of the teacher's	62287
evaluation ratings or the performance index score ranking of the	62288
building in which the teacher teaches. No teacher shall be	62289
responsible for the cost of taking an examination under this	62290
section.	62291

(F) Each district board of education, each community school	62292
governing authority, and each STEM school governing body may use	62293
the results of a teacher's examinations required under division	62294
(B) or (C) of this section in developing and revising professional	62295
development plans and in deciding whether or not to continue	62296
employing the teacher in accordance with the provisions of this	62297
chapter or Chapter 3314. or 3326. of the Revised Code. However, no	62298
decision to terminate or not to renew a teacher's employment	62299
contract shall be made solely on the basis of the results of a	62300
teacher's examination under this section until and unless the	62301
teacher has not attained a passing score on the same required	62302
examination for at least three consecutive administrations of that	62303
examination.	62304

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	62305
"guardian," or "other person having charge or care of a child"	62306
means either parent unless the parents are separated or divorced	62307
or their marriage has been dissolved or annulled, in which case	62308
"parent" means the parent who is the residential parent and legal	62309
custodian of the child. If the child is in the legal or permanent	62310
custody of a person or government agency, "parent" means that	62311
person or government agency. When a child is a resident of a home,	62312
as defined in section 3313.64 of the Revised Code, and the child's	62313
parent is not a resident of this state, "parent," "guardian," or	62314
"other person having charge or care of a child" means the head of	62315
the home.	62316

A child between six and eighteen years of age is "of	62317
compulsory school age" for the purpose of sections 3321.01 to	62318
3321.13 of the Revised Code. A child under six years of age who	62319
has been enrolled in kindergarten also shall be considered "of	62320
compulsory school age" for the purpose of sections 3321.01 to	62321
3321.13 of the Revised Code unless at any time the child's parent	62322
or guardian, at the parent's or guardian's discretion and in	62323
consultation with the child's teacher and principal, formally	62324
withdraws the child from kindergarten. The compulsory school age	62325
of a child shall not commence until the beginning of the term of	62326
such schools, or other time in the school year fixed by the rules	62327
of the board of the district in which the child resides.	62328

(2) ~~No child shall be admitted to a kindergarten or a first~~	62329
~~grade of a public school in~~In a district in which all children	62330
are admitted to kindergarten and the first grade in August or	62331
September ~~unless~~, a child shall be admitted if the child is five	62332
or six years of age, respectively, by the thirtieth day of	62333
September of the year of admittance, or by the first day of a term	62334
or semester other than one beginning in August or September in	62335
school districts granting admittance at the beginning of such term	62336
or semester~~, unless the child has been recommended for early~~	62337
~~admittance in accordance with the district's acceleration policy~~	62338
~~adopted under section 3324.10 of the Revised Code~~. A child who	62339
does not meet the age ~~requirement~~requirements of this section	62340
for admittance to kindergarten or first grade, but who will be	62341
five or six years old, respective, prior to the first day of	62342
January of the school year in which admission is requested, shall	62343
be evaluated for early admittance in accordance with district	62344
policy upon referral by the child's parent or guardian, an	62345
educator employed by the district, a preschool educator who knows	62346
the child, or a pediatrician or psychologist who knows the child.	62347
Following an evaluation in accordance with a referral under this	62348
section, the district board shall decide whether to admit the	62349
child. If a child for whom admission to kindergarten or first	62350
grade is requested will not be five or six years of age,	62351
respectively, prior to the first day of January of the school year	62352
in which admission is requested, the child shall be admitted only	62353
in accordance with the district's acceleration policy adopted	62354
under section 3324.10 of the Revised Code.	62355

(3) Notwithstanding division (A)(2) of this section,	62356
beginning with the school year that starts in 2001 and continuing	62357
thereafter the board of education of any district may adopt a	62358
resolution establishing the first day of August in lieu of the	62359
thirtieth day of September as the required date by which students	62360
must have attained the age specified in that division.	62361

(4) After a student has been admitted to kindergarten in a	62362
school district or chartered nonpublic school, no board of	62363
education of a school district to which the student transfers	62364
shall deny that student admission based on the student's age.	62365

(B) As used in division (C) of this section, "successfully	62366
completed kindergarten" means that the child has completed the	62367
kindergarten requirements at one of the following:	62368

(1) A public or chartered nonpublic school;

62369

(2) A kindergarten class that is both of the following:

62370

(a) Offered by a day-care provider licensed under Chapter	62371
5104. of the Revised Code;	62372

(b) If offered after July 1, 1991, is directly taught by a	62373
teacher who holds one of the following:	62374

(i) A valid educator license issued under section 3319.22 of	62375
the Revised Code;	62376

(ii) A Montessori preprimary credential or age-appropriate	62377
diploma granted by the American Montessori society or the	62378
association Montessori internationale;	62379

(iii) Certification determined under division (F) of this	62380
section to be equivalent to that described in division	62381
(B)(2)(b)(ii) of this section;	62382

(iv) Certification for teachers in nontax-supported schools	62383
pursuant to section 3301.071 of the Revised Code.	62384

(C)(1) Except as provided in division (A)(2) of this section,	62385
no school district shall admit to the first grade any child who	62386
has not successfully completed kindergarten.	62387

(2) Notwithstanding division (A)(2) of this section, any	62388
student who has successfully completed kindergarten in accordance	62389
with section (B) of this section shall be admitted to first grade.	62390

(D) The scheduling of times for kindergarten classes and	62391
length of the school day for kindergarten shall be determined by	62392
the board of education of a city, exempted village, or local	62393
school district.	62394

(E) Any kindergarten class offered by a day-care provider or	62395
school described by division (B)(1) or (B)(2)(a) of this section	62396
shall be developmentally appropriate.	62397

(F) Upon written request of a day-care provider described by	62398
division (B)(2)(a) of this section, the department of education	62399
shall determine whether certification held by a teacher employed	62400
by the provider meets the requirement of division (B)(2)(b)(iii)	62401
of this section and, if so, shall furnish the provider a statement	62402
to that effect.	62403

(G) As used in this division, "all-day kindergarten" has the	62404
same meaning as in section 3321.05 of the Revised Code.	62405

(1) ~~Any~~A school district that ~~did not receive for fiscal~~	62406
~~year 2009 poverty-based assistance for~~is offering all-day	62407
kindergarten ~~under division (D) of section 3317.029 of the Revised~~	62408
~~Code~~for the first time or that charged fees or tuition for	62409
all-day kindergarten in the 2012-2013 school year may charge fees	62410
or tuition for ~~students~~a student enrolled in all-day kindergarten	62411
in any school year following the 2012-2013 school year. The	62412
department shall adjust the district's average daily membership	62413
certification under section 3317.03 of the Revised Code by	62414
one-half of the full-time equivalency for each student charged	62415
fees or tuition for all-day kindergarten under this division. If a	62416
district charges fees or tuition for all-day kindergarten under	62417
this division, the district shall develop a sliding fee scale	62418
based on family incomes.	62419

(2) The department of education shall conduct an annual	62420
survey of each school district described in division (G)(1) of	62421
this section to determine the following:	62422

(a) Whether the district charges fees or tuition for students	62423
enrolled in all-day kindergarten;	62424

(b) The amount of the fees or tuition charged;

62425

(c) How many of the students for whom tuition is charged are	62426
eligible for free lunches under the "National School Lunch Act,"	62427
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	62428
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	62429
and how many of the students for whom tuition is charged are	62430
eligible for reduced price lunches under those acts;	62431

(d) How many students are enrolled in traditional half-day	62432
kindergarten rather than all-day kindergarten.	62433

Each district shall report to the department, in the manner	62434
prescribed by the department, the information described in	62435
divisions (G)(2)(a) to (d) of this section.	62436

The department shall issue an annual report on the results of	62437
the survey and shall post the report on its web site. The	62438
department shall issue the first report not later than April 30,	62439
2008, and shall issue a report not later than the thirtieth day of	62440
April each year thereafter.	62441

Sec. 3321.04. Notwithstanding division (D) of section	62442
3311.19 and division (D) of section 3311.52 of the Revised Code,	62443
this section does not apply to any joint vocational or cooperative	62444
education school district or its superintendent.	62445

Every parent of any child of compulsory school age who is not	62446
employed under an age and schooling certificate must send such	62447
child to a school or a special education program that conforms to	62448
the minimum standards prescribed by the state board of education,	62449
for the full time the school or program attended is in session,	62450
which shall not be for less than thirty-two weeks per school year.	62451
Such attendance must begin within the first week of the school	62452
term or program or within one week of the date on which the child	62453
begins to reside in the district or within one week after ~~his~~the	62454
child's withdrawal from employment.	62455

For the purpose of operating a school or program on a	62456
trimester plan, "full time the school attended is in session," as	62457
used in this section means the two trimesters to which the child	62458
is assigned by the board of education. For the purpose of	62459
operating a school or program on a quarterly plan, "full time the	62460
school attended is in session," as used in this section, means the	62461
three quarters to which the child is assigned by the board of	62462
education. For the purpose of operating a school or program on a	62463
pentamester plan, "full time the school is in session," as used in	62464
this section, means the four pentamesters to which the child is	62465
assigned by the board of education.	62466

Excuses from future attendance at or past absence from school	62467
or a special education program may be granted for the causes, by	62468
the authorities, and under the following conditions:	62469

(A) The superintendent of the ~~city or exempted village~~ school	62470
district ~~or the educational service center~~ in which the child	62471
resides may excuse the child from attendance for any part of the	62472
remainder of the current school year upon satisfactory showing of	62473
either of the following facts:	62474

(1) That the child's bodily or mental condition does not	62475
permit attendance at school or a special education program during	62476
such period; this fact is certified in writing by a licensed	62477
physician or, in the case of a mental condition, by a licensed	62478
physician, a licensed psychologist, licensed school psychologist	62479
or a certificated school psychologist; and provision is made for	62480
appropriate instruction of the child, in accordance with Chapter	62481
3323. of the Revised Code;	62482

(2) That the child is being instructed at home by a person	62483
qualified to teach the branches in which instruction is required,	62484
and such additional branches, as the advancement and needs of the	62485
child may, in the opinion of such superintendent, require. In each	62486
such case the issuing superintendent shall file in ~~his~~the	62487
superintendent's office, with a copy of the excuse, papers showing	62488
how the inability of the child to attend school or a special	62489
education program or the qualifications of the person instructing	62490
the child at home were determined. All such excuses shall become	62491
void and subject to recall upon the removal of the disability of	62492
the child or the cessation of proper home instruction; and	62493
thereupon the child or the child's parents may be proceeded	62494
against after due notice whether such excuse be recalled or not.	62495

(B) The state board of education may adopt rules authorizing	62496
the superintendent of schools of the district in which the child	62497
resides to excuse a child over fourteen years of age from	62498
attendance for a future limited period for the purpose of	62499
performing necessary work directly and exclusively for the child's	62500
parents or legal guardians.	62501

All excuses provided for in divisions (A) and (B) of this	62502
section shall be in writing and shall show the reason for excusing	62503
the child. A copy thereof shall be sent to the person in charge of	62504
the child.	62505

(C) The board of education of the ~~city or exempted village~~	62506
school district ~~or the governing board of the educational service~~	62507
~~center in which a public school is located~~ or the governing	62508
authorities of a private or parochial school may in the rules	62509
governing the discipline in such schools, prescribe the authority	62510
by which and the manner in which any child may be excused for	62511
absence from such school for good and sufficient reasons.	62512

The state board of education may by rule prescribe conditions	62513
governing the issuance of excuses, which shall be binding upon the	62514
authorities empowered to issue them.	62515

Sec. 3321.05. (A) As used in this section, "all-day	62516
kindergarten" means a kindergarten class that is in session ~~five~~	62517
~~days per week~~ for not less than the same number of clock hours	62518
each ~~day~~week as for students in grades one through six.	62519

(B) Any school district may operate all-day kindergarten or	62520
extended kindergarten, but no district shall require any student	62521
to attend kindergarten for more than the number of clock hours	62522
required each day for traditional kindergarten by the minimum	62523
standards adopted under division (D) of section 3301.07 of the	62524
Revised Code. Each school district that operates all-day or	62525
extended kindergarten shall accommodate kindergarten students	62526
whose parents or guardians elect to enroll them for the minimum	62527
number of hours.	62528

(C) A school district may use space in child day-care centers	62529
licensed under Chapter 5104. of the Revised Code to provide	62530
all-day kindergarten under this section.	62531

Sec. 3321.13. (A) Whenever any child of compulsory school	62532
age withdraws from school the teacher of that child shall	62533
ascertain the reason for withdrawal. The fact of the withdrawal	62534
and the reason for it shall be immediately transmitted by the	62535
teacher to the superintendent ~~of schools~~ of the city, local, or	62536
exempted village school district ~~or the educational service center~~	62537
~~as the case may be~~. If the child who has withdrawn from school has	62538
done so because of change of residence, the next residence shall	62539
be ascertained and shall be included in the notice thus	62540
transmitted. The superintendent shall thereupon forward a card	62541
showing the essential facts regarding the child and stating the	62542
place of the child's new residence to the superintendent of	62543
schools of the district to which the child has moved.	62544

The superintendent of public instruction may prescribe the	62545
forms to be used in the operation of this division.	62546

(B)(1) Upon receipt of information that a child of compulsory	62547
school age has withdrawn from school for a reason other than	62548
because of change of residence and is not enrolled in and	62549
attending in accordance with school policy an approved program to	62550
obtain a diploma or its equivalent, the superintendent shall	62551
notify the registrar of motor vehicles and the juvenile judge of	62552
the county in which the district is located of the withdrawal and	62553
failure to enroll in and attend an approved program to obtain a	62554
diploma or its equivalent. A notification to the registrar	62555
required by this division shall be given in the manner the	62556
registrar by rule requires and a notification to the juvenile	62557
judge required by this division shall be given in writing. Each	62558
notification shall be given within two weeks after the withdrawal	62559
and failure to enroll in and attend an approved program or its	62560
equivalent.	62561

(2) The board of education of a school district may adopt a	62562
resolution providing that the provisions of division (B)(2) of	62563
this section apply within the district. The provisions of division	62564
(B)(2) of this section do not apply within any school district,	62565
and no superintendent of a school district shall send a	62566
notification of the type described in division (B)(2) of this	62567
section to the registrar of motor vehicles or the juvenile judge	62568
of the county in which the district is located, unless the board	62569
of education of the district has adopted such a resolution. If the	62570
board of education of a school district adopts a resolution	62571
providing that the provisions of division (B)(2) of this section	62572
apply within the district, and if the superintendent of schools of	62573
that district receives information that, during any semester or	62574
term, a child of compulsory school age has been absent without	62575
legitimate excuse from the school the child is supposed to attend	62576
for more than ten consecutive school days or for at least fifteen	62577
total school days, the superintendent shall notify the child and	62578
the child's parent, guardian, or custodian, in writing, that the	62579
information has been provided to the superintendent, that as a	62580
result of that information the child's temporary instruction	62581
permit or driver's license will be suspended or the opportunity to	62582
obtain such a permit or license will be denied, and that the child	62583
and the child's parent, guardian, or custodian may appear in	62584
person at a scheduled date, time, and place before the	62585
superintendent or a designee to challenge the information provided	62586
to the superintendent.	62587

The notification to the child and the child's parent,	62588
guardian, or custodian required by division (B)(2) of this section	62589
shall set forth the information received by the superintendent and	62590
shall inform the child and the child's parent, guardian, or	62591
custodian of the scheduled date, time, and place of the appearance	62592
that they may have before the superintendent or a designee. The	62593
date scheduled for the appearance shall be no earlier than three	62594
and no later than five days after the notification is given,	62595
provided that an extension may be granted upon request of the	62596
child or the child's parent, guardian, or custodian. If an	62597
extension is granted, the superintendent shall schedule a new	62598
date, time, and place for the appearance and shall inform the	62599
child and the child's parent, guardian, or custodian of the new	62600
date, time, and place.	62601

If the child and the child's parent, guardian, or custodian	62602
do not appear before the superintendent or a designee on the	62603
scheduled date and at the scheduled time and place, or if the	62604
child and the child's parent, guardian, or custodian appear before	62605
the superintendent or a designee on the scheduled date and at the	62606
scheduled time and place but the superintendent or a designee	62607
determines that the information the superintendent received	62608
indicating that, during the semester or term, the child had been	62609
absent without legitimate excuse from the school the child was	62610
supposed to attend for more than ten consecutive school days or	62611
for at least fifteen total school days, the superintendent shall	62612
notify the registrar of motor vehicles and the juvenile judge of	62613
the county in which the district is located that the child has	62614
been absent for that period of time and that the child does not	62615
have any legitimate excuse for the habitual absence. A	62616
notification to the registrar required by this division shall be	62617
given in the manner the registrar by rule requires and a	62618
notification to the juvenile judge required by this division shall	62619
be given in writing. Each notification shall be given within two	62620
weeks after the receipt of the information of the habitual absence	62621
from school without legitimate excuse, or, if the child and the	62622
child's parent, guardian, or custodian appear before the	62623
superintendent or a designee to challenge the information, within	62624
two weeks after the appearance.	62625

For purposes of division (B)(2) of this section, a legitimate	62626
excuse for absence from school includes, but is not limited to,	62627
the fact that the child in question has enrolled in another school	62628
or school district in this or another state, the fact that the	62629
child in question was excused from attendance for any of the	62630
reasons specified in section 3321.04 of the Revised Code, or the	62631
fact that the child in question has received an age and schooling	62632
certificate in accordance with section 3331.01 of the Revised	62633
Code.	62634

(3) Whenever a pupil is suspended or expelled from school	62635
pursuant to section 3313.66 of the Revised Code and the reason for	62636
the suspension or expulsion is the use or possession of alcohol, a	62637
drug of abuse, or alcohol and a drug of abuse, the superintendent	62638
of schools of that district may notify the registrar and the	62639
juvenile judge of the county in which the district is located of	62640
such suspension or expulsion. Any such notification of suspension	62641
or expulsion shall be given to the registrar, in the manner the	62642
registrar by rule requires and shall be given to the juvenile	62643
judge in writing. The notifications shall be given within two	62644
weeks after the suspension or expulsion.	62645

(4) Whenever a pupil is suspended, expelled, removed, or	62646
permanently excluded from a school for misconduct included in a	62647
policy that the board of education of a city, exempted village, or	62648
local school district has adopted under division (A) of section	62649
3313.661 of the Revised Code, and the misconduct involves a	62650
firearm or a knife or other weapon as defined in that policy, the	62651
superintendent of schools of that district shall notify the	62652
registrar and the juvenile judge of the county in which the	62653
district is located of the suspension, expulsion, removal, or	62654
permanent exclusion. The notification shall be given to the	62655
registrar in the manner the registrar, by rule, requires and shall	62656
be given to the juvenile judge in writing. The notifications shall	62657
be given within two weeks after the suspension, expulsion,	62658
removal, or permanent exclusion.	62659

(C) A notification of withdrawal, habitual absence without	62660
legitimate excuse, suspension, or expulsion given to the registrar	62661
or a juvenile judge under division (B)(1), (2), (3), or (4) of	62662
this section shall contain the name, address, date of birth,	62663
school, and school district of the child. If the superintendent	62664
finds, after giving a notification of withdrawal, habitual absence	62665
without legitimate excuse, suspension, or expulsion to the	62666
registrar and the juvenile judge under division (B)(1), (2), (3),	62667
or (4) of this section, that the notification was given in error,	62668
the superintendent immediately shall notify the registrar and the	62669
juvenile judge of that fact.	62670

Sec. 3321.14. Notwithstanding division (D) of section	62671
3311.19 and division (D) of section 3311.52 of the Revised Code,	62672
the provisions of this section and sections 3321.15 to 3321.21 of	62673
the Revised Code that apply to a city school district or its	62674
superintendent do not apply to any joint vocational or cooperative	62675
education school district or its superintendent unless otherwise	62676
specified.	62677

The board of education of every city ~~school district and of~~	62678
~~every~~, exempted village, or local school district shall either	62679
employ an attendance officer, and may employ or appoint any	62680
assistants that the board deems advisable, or shall obtain such	62681
services from the educational service center with which the	62682
district has entered into an agreement under section 3313.843 or	62683
3313.845 of the Revised Code, in accordance with the terms	62684
prescribed in that agreement. In	62685

In cities of one hundred thousand population or over, the	62686
board may appoint, subject to the nomination of the district	62687
superintendent ~~of schools~~, one or more pupil-personnel workers and	62688
make provision for the traveling expenses within the school	62689
district of those employees.	62690

Sec. 3321.15. Every governing board of an educational	62691
service center ~~shall~~may employ an educational service center	62692
attendance officer, and may employ or appoint such assistants as	62693
the board deems advisable. The decision to employ an attendance	62694
officer shall be based on consultation with the districts that	62695
have entered into agreements with the educational service center	62696
under section 3313.843 or 3313.845 of the Revised Code and the	62697
services outlined in the agreements. The compensation and	62698
necessary traveling expenses of such attendance officer and	62699
assistants shall be paid out of the educational service center	62700
governing board fund. With the consent and approval of the judge	62701
of the juvenile court, a probation officer of the court may be	62702
designated as the service center attendance officer or as an	62703
assistant. The compensation of the probation officers of the	62704
juvenile court so designated shall be fixed and paid in the same	62705
manner as salaries of other probation officers of the juvenile	62706
court; their traveling expenses as attendance officers which would	62707
not be incurred as probation officers shall be paid out of the	62708
educational service center governing board fund. In addition to	62709
the compensation provided in this section the board may pay such	62710
additional compensation as it deems advisable, to any probation	62711
officer designated as attendance officer and such additional	62712
amount shall be paid from the educational service center governing	62713
board fund. The attendance officer and assistants shall work under	62714
the direction of the educational service center superintendent.	62715
The authority of such attendance officer and assistants ~~shall~~may	62716
extend to all the ~~local~~ school districts served by the service	62717
center pursuant to any agreements entered into under section	62718
3313.843 or 3313.845 of the Revised Code. This section does not	62719
confine their authority to investigate ~~employment~~attendance to	62720
that within the territory of the service center.	62721

Sec. 3323.021. As used in this section, "participating	62722
county DD board" means a county board of developmental	62723
disabilities electing to participate in the provision of or	62724
contracting for educational services for children under division	62725
(D) of section 5126.05 of the Revised Code.	62726

(A) When a school district, educational service center, or	62727
participating county DD board enters into an agreement or contract	62728
with another school district, educational service center, or	62729
participating county DD board to provide educational services to a	62730
disabled child during a school year, both of the following shall	62731
apply:	62732

(1) Beginning with fiscal year 1999, if the provider of the	62733
services intends to increase the amount it charges for some or all	62734
of those services during the next school year or if the provider	62735
intends to cease offering all or part of those services during the	62736
next school year, the provider shall notify the entity for which	62737
the services are provided of these intended changes no later than	62738
the first day of March of the current fiscal year.	62739

(2) Beginning with fiscal year 1999, if the entity for which	62740
services are provided intends to cease obtaining those services	62741
from the provider for the next school year or intends to change	62742
the type or amount of services it obtains from the provider for	62743
the next school year, the entity shall notify the service provider	62744
of these intended changes no later than the first day of March of	62745
the current fiscal year.	62746

(B) School districts, educational service centers,	62747
participating county DD boards, and other applicable governmental	62748
entities shall collaborate where possible to maximize federal	62749
sources of revenue to provide additional funds for special	62750
education related services for disabled children. Annually, each	62751
school district shall report to the department of education any	62752
amounts of ~~money~~such federal revenue the district received	62753
~~through such medical assistance program~~.	62754

(C) The state board of education, the department of	62755
developmental disabilities, and the department of ~~job and family~~	62756
~~services~~medicaid shall develop working agreements for pursuing	62757
additional funds for services for disabled children.	62758

Sec. 3323.03. The state board of education shall, in	62759
consultation with the department of health, the department of	62760
~~mental health~~mental health and addiction services, and the	62761
department of developmental disabilities, establish standards and	62762
procedures for the identification, location, and evaluation of all	62763
children with disabilities residing in the state, including	62764
children with disabilities who are homeless children or are wards	62765
of the state and children with disabilities attending nonpublic	62766
schools, regardless of the severity of their disabilities, and who	62767
are in need of special education and related services. The state	62768
board shall develop and implement a practical method to determine	62769
which children with disabilities are currently receiving needed	62770
special education and related services.	62771

In conducting the evaluation, the board of education of each	62772
school district shall use a variety of assessment tools and	62773
strategies to gather relevant functional, developmental, and	62774
academic information about the child, including information	62775
provided by the child's parent. The board of education of each	62776
school district, in consultation with the county DD board, the	62777
county family and children first council, and the board of	62778
alcohol, drug addiction, and mental health services of each county	62779
in which the school district has territory, shall identify,	62780
locate, and evaluate all children with disabilities residing	62781
within the district to determine which children with disabilities	62782
are not receiving appropriate special education and related	62783
services. In addition, the board of education of each school	62784
district, in consultation with such county boards or council,	62785
shall identify, locate, and evaluate all children with	62786
disabilities who are enrolled by their parents in nonpublic	62787
elementary and secondary schools located within the public school	62788
district, without regard to where those children reside in	62789
accordance with rules of the state board of education or	62790
guidelines of the superintendent of public instruction.	62791

Each county DD board, county family and children first	62792
council, and board of alcohol, drug addiction, and mental health	62793
services and the board's or council's contract agencies may	62794
transmit to boards of education the names and addresses of	62795
children with disabilities who are not receiving appropriate	62796
special education and related services.	62797

Sec. 3323.04. The state board of education, in consultation	62798
with the department of ~~mental health~~mental health and addiction	62799
services and the department of developmental disabilities, shall	62800
establish procedures and standards for the development of	62801
individualized education programs for children with disabilities.	62802

The state board shall require the board of education of each	62803
school district to develop an individualized education program for	62804
each child with a disability who is at least three years of age	62805
and less than twenty-two years of age residing in the district in	62806
a manner that is in accordance with rules of the state board.	62807

Prior to the placement of a child with a disability in a	62808
program operated under section 3323.09 of the Revised Code, the	62809
district board of education shall consult the county DD board of	62810
the county in which the child resides regarding the proposed	62811
placement.	62812

A child with a disability enrolled in a nonpublic school or	62813
facility shall be provided special education and related services,	62814
in accordance with an individualized education program, at no cost	62815
for those services, if the child is placed in, or referred to,	62816
that nonpublic school or facility by the department of education	62817
or a school district.	62818

The IEP team shall review the individualized education	62819
program of each child with a disability periodically, but at least	62820
annually, to determine whether the annual goals for the child are	62821
being achieved, and shall revise the individualized education	62822
program as appropriate.	62823

The state board shall establish procedures and standards to	62824
assure that to the maximum extent appropriate, children with	62825
disabilities, including children in public or private institutions	62826
or other care facilities, shall be educated with children who are	62827
not disabled. Special classes, separate schools, or other removal	62828
of children with disabilities from the regular educational	62829
environment shall be used only when the nature or severity of a	62830
child's disability is such that education in regular classes with	62831
supplementary aids and services cannot be achieved satisfactorily.	62832

If an agency directly affected by a placement decision	62833
objects to such decision, an impartial hearing officer, appointed	62834
by the department of education from a list prepared by the	62835
department, shall conduct a hearing to review the placement	62836
decision. The agencies that are parties to a hearing shall divide	62837
the costs of such hearing equally. The decision of the hearing	62838
officer shall be final, except that any party to the hearing who	62839
is aggrieved by the findings or the decision of the hearing	62840
officer may appeal the findings or decision in accordance with	62841
division (H) of section 3323.05 of the Revised Code or the parent	62842
of any child affected by such decision may present a complaint in	62843
accordance with that section.	62844

Sec. 3323.07. The state board of education shall authorize	62845
the establishment and maintenance of special education and related	62846
services for all children with disabilities who are at least three	62847
years of age and less than twenty-two years of age, including	62848
children with disabilities who have been suspended or expelled	62849
from school, and may authorize special education and related	62850
services for children with disabilities who are less than three	62851
years of age in accordance with rules adopted by the state board.	62852
The state board shall require the boards of education of school	62853
districts, shall authorize the department of ~~mental health~~mental	62854
health and addiction services and the department of developmental	62855
disabilities, and may authorize any other educational agency, to	62856
establish and maintain such special education and related services	62857
in accordance with standards adopted by the state board.	62858

Sec. 3323.08. (A) Each school district shall submit a plan	62859
to the superintendent of public instruction that provides	62860
assurances that the school district will provide for the education	62861
of children with disabilities within its jurisdiction and has in	62862
effect policies, procedures, and programs that are consistent with	62863
the policies and procedures adopted by the state board of	62864
education in accordance with section 612 of the "Individuals with	62865
Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412,	62866
and that meet the conditions applicable to school districts under	62867
section 613 of that act, 20 U.S.C. 1413.	62868

Each district's plan shall do all of the following:

62869

(1) Provide, as specified in section 3323.11 of the Revised	62870
Code and in accordance with standards established by the state	62871
board, for an organizational structure and necessary and qualified	62872
staffing and supervision for the identification of and provision	62873
of special education and related services for children with	62874
disabilities;	62875

(2) Provide, as specified by section 3323.03 of the Revised	62876
Code and in accordance with standards established by the state	62877
board, for the identification, location, and evaluation of all	62878
children with disabilities residing in the district, including	62879
children with disabilities who are homeless children or are wards	62880
of the state and children with disabilities attending private	62881
schools and who are in need of special education and related	62882
services. A practical method shall be developed and implemented to	62883
determine which children with disabilities are currently receiving	62884
needed special education and related services.	62885

(3) Provide, as specified by section 3323.07 of the Revised	62886
Code and standards established by the state board, for the	62887
establishment and maintenance of special education and related	62888
services for children with disabilities who are at least three	62889
years of age and less than twenty-two years of age, including	62890
children with disabilities who have been suspended or expelled	62891
from school.	62892

(4) Provide, as specified by section 3323.04 of the Revised	62893
Code and in accordance with standards adopted by the state board,	62894
for an individualized education program for each child with a	62895
disability who is at least three years of age and less than	62896
twenty-two years of age residing within the district;	62897

(5) Provide, as specified by section 3323.02 of the Revised	62898
Code and in accordance with standards established by the state	62899
board, for special education and related services and a free	62900
appropriate public education for every child with a disability who	62901
is at least three years of age and less than twenty-two years of	62902
age, including children with disabilities who have been suspended	62903
or expelled from school;	62904

(6) Provide procedural safeguards and prior written notice as	62905
required under section 3323.05 of the Revised Code and the	62906
standards established by the state board;	62907

(7) Outline the steps that have been or are being taken to	62908
comply with standards established by the state board.	62909

(B)(1) A school district may arrange, by a cooperative	62910
agreement or contract with one or more school districts or with a	62911
cooperative education or joint vocational school district or an	62912
educational service center, to provide for the identification,	62913
location, and evaluation of children with disabilities, and to	62914
provide special education and related services for such children	62915
that meet the standards established by the state board. A school	62916
district may arrange, by a cooperative agreement or contract, for	62917
the provision of related services for children with disabilities	62918
that meet the standards established by the state board.	62919

(2) A school district shall arrange by interagency agreement	62920
with one or more school districts or with a cooperative education	62921
or joint vocational school district or an educational service	62922
center or other providers of early learning services to provide	62923
for the identification, location, evaluation of children with	62924
disabilities of ages birth through five years of age and for the	62925
transition of children with disabilities at age three in	62926
accordance with the standards established by the state board. A	62927
school district may arrange by interagency agreement with	62928
providers of early learning services to provide special education	62929
and related services for such children that meet the standards	62930
established by the state board.	62931

(3) If at the time an individualized education program is	62932
developed for a child a school district is not providing special	62933
education and related services required by that individualized	62934
education program, the school district may arrange by contract	62935
with a nonpublic entity for the provision of the special education	62936
and related services, provided the special education and related	62937
services meet the standards for special education and related	62938
services established by the state board and is provided within the	62939
state.	62940

(4) Any cooperative agreement or contract under division	62941
(B)(1) or (2) of this section involving a local school district	62942
shall be approved by the governing board of the educational	62943
service center which serves that district.	62944

(C) No plan of a local school district shall be submitted to	62945
the superintendent of public instruction until it has been	62946
approved by the superintendent of the educational service center	62947
which serves that district.	62948

(D) Upon approval of a school district's plan by the	62949
superintendent of public instruction, the district shall	62950
immediately certify students for state funds under section 3317.03	62951
of the Revised Code to implement and maintain such plan. ~~The~~	62952
~~district also shall request approval of classroom units under~~	62953
~~division (B) of section 3317.05 of the Revised Code for which the~~	62954
~~district has adequately identified preschool children with~~	62955
~~disabilities and shall, in accordance with procedures adopted by~~	62956
~~the state board, request approval of units under division (C) of~~	62957
~~section 3317.05 of the Revised Code.~~ The district shall, in	62958
accordance with guidelines adopted by the state board, identify	62959
problems relating to the provision of qualified personnel and	62960
adequate facilities, and indicate the extent to which the cost of	62961
programs required under the plan will exceed anticipated state	62962
reimbursement. Each school district shall immediately implement	62963
the identification, location, and evaluation of children with	62964
disabilities in accordance with this chapter, and shall implement	62965
those parts of the plan involving placement and provision of	62966
special education and related services.	62967

Sec. 3323.09. (A) As used in this section:

62968

(1) "Home" has the meaning given in section 3313.64 of the	62969
Revised Code.	62970

(2) "Preschool child" means a child who is at least age three	62971
but under age six on the thirtieth day of September of an academic	62972
year.	62973

(B) Each county DD board shall establish special education	62974
programs for all children with disabilities who in accordance with	62975
section 3323.04 of the Revised Code have been placed in special	62976
education programs operated by the county board and for preschool	62977
children who are developmentally delayed or at risk of being	62978
developmentally delayed. The board annually shall submit to the	62979
department of education a plan for the provision of these programs	62980
~~and, if applicable, a request for approval of units under section~~	62981
~~3317.05 of the Revised Code~~. The superintendent of public	62982
instruction shall review the plan and approve or modify it in	62983
accordance with rules adopted by the state board of education	62984
under section 3301.07 of the Revised Code. The superintendent of	62985
public instruction shall compile the plans submitted by county	62986
boards and shall submit a comprehensive plan to the state board.	62987

A county DD board may combine transportation for children	62988
enrolled in classes funded under ~~section~~sections 3317.0213 or	62989
3317.20 ~~or units approved under section 3317.05~~ with	62990
transportation for children and adults enrolled in programs and	62991
services offered by the board under Chapter 5126. of the Revised	62992
Code.	62993

(C) A county DD board that during the school year provided	62994
special education pursuant to this section for any child with	62995
mental disabilities under twenty-two years of age shall prepare	62996
and submit the following reports and statements:	62997

(1) The board shall prepare a statement for each child who at	62998
the time of receiving such special education was a resident of a	62999
home and was not in the legal or permanent custody of an Ohio	63000
resident or a government agency in this state, and whose natural	63001
or adoptive parents are not known to have been residents of this	63002
state subsequent to the child's birth. The statement shall contain	63003
the child's name, the name of the child's school district of	63004
residence, the name of the county board providing the special	63005
education, and the number of months, including any fraction of a	63006
month, it was provided. Not later than the thirtieth day of June,	63007
the board shall forward a certified copy of such statement to both	63008
the director of developmental disabilities and to the home.	63009

Within thirty days after its receipt of a statement, the home	63010
shall pay tuition to the county board computed in the manner	63011
prescribed by section 3323.141 of the Revised Code.	63012

(2) The board shall prepare a report for each school district	63013
that is the school district of residence of one or more of such	63014
children for whom statements are not required by division (C)(1)	63015
of this section. The report shall contain the name of the county	63016
board providing special education, the name of each child	63017
receiving special education, the number of months, including	63018
fractions of a month, that the child received it, and the name of	63019
the child's school district of residence. Not later than the	63020
thirtieth day of June, the board shall forward certified copies of	63021
each report to the school district named in the report, the	63022
superintendent of public instruction, and the director of	63023
developmental disabilities.	63024

Sec. 3323.091. (A) The department of ~~mental health~~mental	63025
health and addiction services, the department of developmental	63026
disabilities, the department of youth services, and the department	63027
of rehabilitation and correction shall establish and maintain	63028
special education programs for children with disabilities in	63029
institutions under their jurisdiction according to standards	63030
adopted by the state board of education.	63031

(B) ~~The superintendent of each state institution required to~~	63032
~~provide services under division (A) of this section, and each~~	63033
~~county DD board, providing special education for preschool~~	63034
~~children with disabilities under this chapter may apply to the~~	63035
~~state department of education for unit funding, which shall be~~	63036
~~paid in accordance with sections 3317.052 and 3317.053 of the~~	63037
~~Revised Code.~~	63038

The superintendent of each state institution required to	63039
provide services under division (A) of this section may apply to	63040
the department of education for special education and related	63041
services ~~weighted~~ funding for children with disabilities other	63042
than preschool children with disabilities, calculated in	63043
accordance with section 3317.201 of the Revised Code.	63044

Each county DD board providing special education for children	63045
with disabilities other than preschool children with disabilities	63046
may apply to the department of education for ~~base cost and~~	63047
opportunity funds and special education and related services	63048
~~weighted~~ funding calculated in accordance with section 3317.20 of	63049
the Revised Code.	63050

(C) In addition to the authorization to apply for state	63051
funding described in division (B) of this section, each state	63052
institution required to provide services under division (A) of	63053
this section is entitled to tuition payments calculated in the	63054
manner described in division (C) of this section.	63055

On or before the thirtieth day of June of each year, the	63056
superintendent of each institution that during the school year	63057
provided special education pursuant to this section shall prepare	63058
a statement for each child with a disability under twenty-two	63059
years of age who has received special education. The statement	63060
shall contain the child's data verification code assigned pursuant	63061
to division (D)(2) of section 3301.0714 of the Revised Code and	63062
the name of the child's school district of residence. Within sixty	63063
days after receipt of such statement, the department of education	63064
shall perform one of the following:	63065

(1) For any child except a preschool child with a disability	63066
described in division (C)(2) of this section, pay to the	63067
institution submitting the statement an amount equal to the	63068
tuition calculated under division (A) of section 3317.08 of the	63069
Revised Code for the period covered by the statement, and deduct	63070
the same from the amount of state funds, if any, payable under	63071
Chapter 3317. of the Revised Code, to the child's school district	63072
of residence or, if the amount of such state funds is	63073
insufficient, require the child's school district of residence to	63074
pay the institution submitting the statement an amount equal to	63075
the amount determined under this division.	63076

(2) For any preschool child with a disability ~~not included in~~	63077
~~a unit approved under division (B) of section 3317.05 of the~~	63078
~~Revised Code~~, perform the following:	63079

(a) Pay to the institution submitting the statement an amount	63080
equal to the tuition calculated under division (B) of section	63081
3317.08 of the Revised Code for the period covered by the	63082
statement, except that in calculating the tuition under that	63083
section the operating expenses of the institution submitting the	63084
statement under this section shall be used instead of the	63085
operating expenses of the school district of residence;	63086

(b) Deduct from the amount of state funds, if any, payable	63087
under Chapter 3317. of the Revised Code to the child's school	63088
district of residence an amount equal to the amount paid under	63089
division (C)(2)(a) of this section.	63090

Sec. 3323.13. (A) If a child who is a school resident of one	63091
school district receives special education from another district,	63092
the board of education of the district providing the education,	63093
subject to division (C) of this section, may require the payment	63094
by the board of education of the district of residence of a sum	63095
not to exceed one of the following, as applicable:	63096

(1) For any child except a preschool child with a disability	63097
described in division (A)(2) of this section, the tuition of the	63098
district providing the education for a child of normal needs of	63099
the same school grade. The determination of the amount of such	63100
tuition shall be in the manner provided for by division (A) of	63101
section 3317.08 of the Revised Code.	63102

(2) For any preschool child with a disability ~~not included in~~	63103
~~a unit approved under division (B) of section 3317.05 of the~~	63104
~~Revised Code~~, the tuition of the district providing the education	63105
for the child as calculated under division (B) of section 3317.08	63106
of the Revised Code, multiplied by 0.50.	63107

(B) The board of the district of residence may contract with	63108
the board of another district for the transportation of such child	63109
into any school in such other district, on terms agreed upon by	63110
such boards. Upon direction of the state board of education, the	63111
board of the district of residence shall pay for the child's	63112
transportation and the tuition.	63113

(C) The board of education of a district providing the	63114
education for a child shall be entitled to require payment from	63115
the district of residence under this section or section 3323.14 of	63116
the Revised Code only if the district providing the education has	63117
done at least one of the following:	63118

(1) Invited the district of residence to send representatives	63119
to attend the meetings of the team developing the child's	63120
individualized education program;	63121

(2) Received from the district of residence a copy of the	63122
individualized education program or a multifactored evaluation	63123
developed for the child by the district of residence;	63124

(3) Informed the district of residence in writing that the	63125
district is providing the education for the child.	63126

As used in division (C)(2) of this section, "multifactored	63127
evaluation" means an evaluation, conducted by a multidisciplinary	63128
team, of more than one area of the child's functioning so that no	63129
single procedure shall be the sole criterion for determining an	63130
appropriate educational program placement for the child.	63131

Sec. 3323.14. ~~This section does not apply to any preschool~~	63132
~~child with a disability except if included in a unit approved~~	63133
~~under division (B) of section 3317.05 of the Revised Code.~~	63134

(A) Where a child who is a school resident of one school	63135
district receives special education from another district and the	63136
per capita cost to the educating district for that child exceeds	63137
the sum of the amount received by the educating district for that	63138
child under division (A) of section 3317.08 of the Revised Code	63139
and the amount received by the district from the state board of	63140
education for that child, then the board of education of the	63141
district of residence shall pay to the board of the school	63142
district that is providing the special education such excess cost	63143
as is determined by using a formula approved by the department of	63144
education and agreed upon in contracts entered into by the boards	63145
of the districts concerned at the time the district providing such	63146
special education accepts the child for enrollment. The department	63147
shall certify the amount of the payments under Chapter 3317. of	63148
the Revised Code for such pupils with disabilities for each school	63149
year ending on the thirtieth day of July.	63150

(B) In the case of a child described in division (A) of this	63151
section who has been placed in a home, as defined in section	63152
3313.64 of the Revised Code, pursuant to the order of a court and	63153
who is not subject to section 3323.141 of the Revised Code, the	63154
district providing the child with special education and related	63155
services may charge to the child's district of residence the	63156
excess cost determined by formula approved by the department,	63157
regardless of whether the district of residence has entered into a	63158
contract with the district providing the services. If the district	63159
providing the services chooses to charge excess costs, the	63160
district may report the amount calculated under this division to	63161
the department.	63162

(C) If a district providing special education for a child	63163
reports an amount for the excess cost of those services, as	63164
authorized and calculated under division (A) or (B) of this	63165
section, the department shall pay that amount of excess cost to	63166
the district providing the services and shall deduct that amount	63167
from the child's district of residence in accordance with division	63168
(K) of section 3317.023 of the Revised Code.	63169

Sec. 3323.141. (A) When a child who is not in the legal or	63170
permanent custody of an Ohio resident or a government agency in	63171
this state and whose natural or adoptive parents are not known to	63172
have been residents of this state subsequent to the child's birth	63173
is a resident of a home as defined in section 3313.64 of the	63174
Revised Code and receives special education and related services	63175
from a school district or county ~~MR/DD~~DD board, the home shall	63176
pay tuition to the board providing the special education.	63177

(B) In the case of a child described in division (A) of this	63178
section who receives special education and related services from a	63179
school district, tuition shall be the amount determined under	63180
division (B)(1) or (2) of this section.	63181

(1) For a child other than a child described in division	63182
(B)(2) of this section the tuition shall be an amount equal to the	63183
sum of the following:	63184

(a) Tuition as determined in the manner provided for by	63185
division (B) of section 3317.081 of the Revised Code for the	63186
district that provides the special education;	63187

(b) Such excess cost as is determined by using a formula	63188
established by rule of the department of education. The excess	63189
cost computed in this section shall not be used as excess cost	63190
computed under section 3323.14 of the Revised Code.	63191

(2) For a child who is a preschool child with a disability	63192
~~not included in a unit approved under division (B) of section~~	63193
~~3317.05 of the Revised Code~~, the tuition shall be computed as	63194
follows:	63195

(a) Determine the amount of the tuition of the district	63196
providing the education for the child as calculated under division	63197
(B) of section 3317.08 of the Revised Code;	63198

(b) For each type of special education service included in	63199
the computation of the amount of tuition under division (B)(2)(a)	63200
of this section, divide the amount determined for that computation	63201
under division (B)(2) of section 3317.08 of the Revised Code by	63202
the total number of preschool children with disabilities used for	63203
that computation under division (B)(3) of section 3317.08 of the	63204
Revised Code;	63205

(c) Determine the sum of the quotients obtained under	63206
division (B)(2)(b) of this section;	63207

(d) Determine the sum of the amounts determined under	63208
divisions (B)(2)(a) and (c) of this section.	63209

(C) In the case of a child described in division (A) of this	63210
section who receives special education and related services from a	63211
county ~~MR/DD~~DD board, tuition shall be the amount determined	63212
under division (C)(1) or (2) of this section.	63213

(1) For a child other than a child described in division	63214
(C)(2) of this section, the tuition shall be an amount equal to	63215
such board's per capita cost of providing special education and	63216
related services for children at least three but less than	63217
twenty-two years of age as determined by using a formula	63218
established by rule of the department of developmental	63219
disabilities.	63220

(2) For a child who is a preschool child with a disability	63221
~~not included in a unit approved under division (B) of section~~	63222
~~3317.05 of the Revised Code~~, the tuition shall equal the sum of	63223
the amounts of each such board's per capita cost of providing each	63224
of the special education or related service that the child	63225
receives. The calculation of tuition shall be made by using a	63226
formula established by rule of the department of developmental	63227
disabilities. The formula for the calculation of per capita costs	63228
under division (C)(2) of this section shall be based only on each	63229
such ~~MR/DD~~DD board's cost of providing each type of special	63230
education or related service to preschool children with	63231
disabilities ~~not included in a unit approved under division (B) of~~	63232
~~section 3317.05 of the Revised Code~~.	63233

(D) If a home fails to pay the tuition required under this	63234
section, the board of education or county ~~MR/DD~~DD board providing	63235
the education may recover in a civil action the tuition and the	63236
expenses incurred in prosecuting the action, including court costs	63237
and reasonable attorney's fees. If the prosecuting attorney or	63238
city director of law represents the board in such action, costs	63239
and reasonable attorney's fees awarded by the court, based upon	63240
the time spent preparing and presenting the case by the	63241
prosecuting attorney, director, or a designee of either, shall be	63242
deposited in the county or city general fund.	63243

Sec. 3323.142. ~~This section does not apply to any preschool~~	63244
~~child with a disability except if included in a unit approved~~	63245
~~under division (B) of section 3317.05 of the Revised Code.~~	63246

As used in this section, "per pupil amount" for a preschool	63247
child with a disability included in such an approved unit means	63248
the amount determined by dividing the amount received for the	63249
classroom unit in which the child has been placed by the number of	63250
children in the unit. For any other child, "per pupil amount"	63251
means the amount paid for the child under section 3317.20 of the	63252
Revised Code.	63253

When a school district places or has placed a child with a	63254
county DD board for special education, but another district is	63255
responsible for tuition under section 3313.64 or 3313.65 of the	63256
Revised Code and the child is not a resident of the territory	63257
served by the county DD board, the board may charge the district	63258
responsible for tuition with the educational costs in excess of	63259
the per pupil amount received by the board under Chapter 3317. of	63260
the Revised Code. The amount of the excess cost shall be	63261
determined by the formula established by rule of the department of	63262
education under section 3323.14 of the Revised Code, and the	63263
payment for such excess cost shall be made by the school district	63264
directly to the county DD board.	63265

A school district board of education and the county DD board	63266
that serves the school district may negotiate and contract, at or	63267
after the time of placement, for payments by the board of	63268
education to the county DD board for additional services provided	63269
to a child placed with the county DD board and whose	63270
individualized education program established pursuant to section	63271
3323.08 of the Revised Code requires additional services that are	63272
not routinely provided children in the county DD board's program	63273
but are necessary to maintain the child's enrollment and	63274
participation in the program. Additional services may include, but	63275
are not limited to, specialized supplies and equipment for the	63276
benefit of the child and instruction, training, or assistance	63277
provided by staff members other than staff members for which	63278
funding is received under Chapter 3317. of the Revised Code.	63279

Sec. 3325.13. The state school for the blind employees food	63280
service fund is hereby created in the state treasury. The fund	63281
shall consist of payments received from employees who make	63282
purchases from the school's food service program. Notwithstanding	63283
section 3325.01 of the Revised Code, the approval of the state	63284
board of education is not required to designate money for deposit	63285
into the fund. The school for the blind shall use money in the	63286
fund to pay costs associated with the school's food service	63287
program.	63288

Sec. 3325.14. The state school for the deaf employees food	63289
service fund is hereby created in the state treasury. The fund	63290
shall consist of payments received from employees who make	63291
purchases from the school's food service program. Notwithstanding	63292
section 3325.01 of the Revised Code, the approval of the state	63293
board of education is not required to designate money for deposit	63294
into the fund. The school for the deaf shall use money in the fund	63295
to pay costs associated with the school's food service program.	63296

Sec. 3326.07. Each science, technology, engineering, and	63297
mathematics school established under this chapter is a public	63298
school, is part of the state's program of education, may contract	63299
for any services necessary for the operation of the school, and	63300
may continue in operation for as long as the school is in	63301
compliance with the provisions of this chapter and with the	63302
proposal for its establishment as approved by the STEM committee.	63303
If the school closes for any reason, its assets shall be	63304
distributed in the manner provided in the proposal for its	63305
establishment as required by division (C)(9) of section 3326.03 of	63306
the Revised Code.	63307

Sec. 3326.08. (A) The governing body of each science,	63308
technology, engineering, and mathematics school shall ~~employ and~~	63309
~~fix the compensation for the~~engage the services of administrative	63310
officers, teachers, and nonteaching employees of the STEM school	63311
necessary for the school to carry out its mission and shall	63312
oversee the operations of the school. The governing body of each	63313
STEM school shall ~~employ~~engage the services of a chief	63314
administrative officer to serve as the school's instructional and	63315
administrative leader. The chief administrative officer shall be	63316
granted the authority to oversee the recruitment, retention, and	63317
employment of teachers and nonteaching employees.	63318

(B) The department of education shall monitor the oversight	63319
of each STEM school exercised by the school's governing body and	63320
shall monitor the school's compliance with this chapter and with	63321
the proposal for the establishment of the school as it was	63322
approved by the STEM committee under section 3326.04 of the	63323
Revised Code. If the department finds that the school is not in	63324
compliance with this chapter or with the proposal, the department	63325
shall consult with the STEM committee, and the committee may order	63326
the school to close on the last day of the school year in which	63327
the committee issues its order.	63328

(C) The governing body of each STEM school shall comply with	63329
sections 121.22 and 149.43 of the Revised Code.	63330

Sec. 3326.11. Each science, technology, engineering, and	63331
mathematics school established under this chapter and its	63332
governing body shall comply with sections 9.90, 9.91, 109.65,	63333
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	63334
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	63335
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	63336
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	63337
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	63338
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	63339
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	63340
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	63341
3313.816, 3313.817, 3313.86, ~~3313.88,~~ 3313.96, 3319.073, 3319.21,	63342
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	63343
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	63344
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	63345
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	63346
4123., 4141., and 4167. of the Revised Code as if it were a school	63347
district.	63348

Sec. 3326.112. The governing body of each STEM school shall	63349
comply with the standards for financial reporting adopted under	63350
division (B)(2) of section 3301.07 of the Revised Code.	63351

Sec. 3326.31. As used in sections 3326.31 to 3326.50 of the	63352
Revised Code:	63353

(A) ~~"Applicable special education weight" means the multiple~~	63354
~~specified in section 3317.013 of the Revised Code for a disability~~	63355
~~described in that section.~~	63356

~~(B) "Applicable vocational education weight" means the~~	63357
~~multiple specified in section 3317.014 of the Revised Code for~~	63358
~~vocational education programs or classes described in that section~~	63359
(1) "Category one career-technical education student" means a	63360
student who is receiving the career-technical education services	63361
described in division (A) of section 3317.014 of the Revised Code.	63362

(2) "Category two career-technical student" means a student	63363
who is receiving the career-technical education services described	63364
in division (B) of section 3317.014 of the Revised Code.	63365

(3) "Category three career-technical student" means a student	63366
who is receiving the career-technical education services described	63367
in division (C) of section 3317.014 of the Revised Code.	63368

(4) "Category four career-technical student" means a student	63369
who is receiving the career-technical education services described	63370
in division (D) of section 3317.014 of the Revised Code.	63371

(5) "Category five career-technical education student" means	63372
a student who is receiving the career-technical education services	63373
described in division (E) of section 3317.014 of the Revised Code.	63374

(B)(1) "Category one limited English proficient student"	63375
means a limited English proficient student described in division	63376
(A) of section 3317.016 of the Revised Code.	63377

(2) "Category two limited English proficient student" means a	63378
limited English proficient student described in division (B) of	63379
section 3317.016 of the Revised Code.	63380

(3) "Category three limited English proficient student" means	63381
a limited English proficient student described in division (C) of	63382
section 3317.016 of the Revised Code.	63383

(C)(1) "Category one special education student" means a	63384
student who is receiving special education services for a	63385
disability specified in division (A) of section 3317.013 of the	63386
Revised Code.	63387

(2) "Category two special education student" means a student	63388
who is receiving special education services for a disability	63389
specified in division (B) of section 3317.013 of the Revised Code.	63390

(3) "Category three special education student" means a	63391
student who is receiving special education services for a	63392
disability specified in division (C) of section 3317.013 of the	63393
Revised Code.	63394

(4) "Category four special education student" means a student	63395
who is receiving special education services for a disability	63396
specified in division (D) of section 3317.013 of the Revised Code.	63397

(5) "Category five special education student" means a student	63398
who is receiving special education services for a disability	63399
specified in division (E) of section 3317.013 of the Revised Code.	63400

(6) "Category six special education student" means a student	63401
who is receiving special education services for a disability	63402
specified in division (F) of section 3317.013 of the Revised Code.	63403

~~(C)~~(D) "Formula amount" has the same meaning as in section	63404
3317.02 of the Revised Code.	63405

~~(D)~~(E) "IEP" means an individualized education program as	63406
defined in section 3323.01 of the Revised Code.	63407

~~(E) A student is "included in the poverty student count of~~	63408
~~the student's resident district" if the student's family receives~~	63409
~~assistance under the Ohio works first program.~~	63410

(F) "Resident district" means the school district in which a	63411
student is entitled to attend school under section 3313.64 or	63412
3313.65 of the Revised Code.	63413

(G) "State education aid" has the same meaning as in section	63414
5751.20 of the Revised Code.	63415

Sec. 3326.32. Each science, technology, engineering, and	63416
mathematics school shall report to the department of education, in	63417
the form and manner required by the department, all of the	63418
following information:	63419

(A) The total number of students enrolled in the school;

63420

(B) The number of students who are receiving special	63421
education and related services pursuant to an IEP;	63422

(C) For each student reported under division (B) of this	63423
section, which category specified in divisions (A) to (F) of	63424
section 3317.013 of the Revised Code applies to the student;	63425

(D) The full-time equivalent number of students who are	63426
enrolled in ~~vocational~~career-technical education programs or	63427
classes described in each of divisions (A) ~~and~~, (B), (C), (D), and	63428
(E) of section 3317.014 of the Revised Code that are provided by	63429
the STEM school;	63430

(E) The number of students who are limited English proficient	63431
students and which category specified in divisions (A) to (C) of	63432
section 3317.016 of the Revised Code applies to each student;	63433

(F) The number of students reported under division (A) of	63434
this section who are economically disadvantaged, as defined by the	63435
department. A student shall not be categorically excluded from the	63436
number reported under division (F) of this section based on	63437
anything other than family income.	63438

(G) The resident district of each student;

63439

~~(F)~~(H) Any additional information the department determines	63440
necessary to make payments under this chapter.	63441

Sec. 3326.33. ~~Payments and deductions under this section for~~	63442
~~fiscal years 2012 and 2013 shall be made in accordance with~~	63443
~~section 3326.39 of the Revised Code.~~	63444

For each student enrolled in a science, technology,	63445
engineering, and mathematics school established under this	63446
chapter, on a full-time equivalency basis, the department of	63447
education annually shall deduct from the state education aid of a	63448
student's resident school district and, if necessary, from the	63449
payment made to the district under sections 321.24 and 323.156 of	63450
the Revised Code and pay to the school the sum of the following:	63451

(A) ~~The sum of the formula amount plus the per pupil amount~~	63452
~~of the base funding supplements specified in divisions (C)(1) to~~	63453
~~(4) of section 3317.012 of the Revised Code.~~	63454

~~(B) If the student is receiving special education and related~~	63455
~~services pursuant to an IEP, the product of the applicable special~~	63456
~~education weight times the formula amount;~~	63457

~~(C) If the student is enrolled in vocational education~~	63458
~~programs or classes that are described in section 3317.014 of the~~	63459
~~Revised Code, are provided by the school, and are comparable as~~	63460
~~determined by the superintendent of public instruction to school~~	63461
~~district vocational education programs and classes eligible for~~	63462
~~state weighted funding under section 3317.014 of the Revised Code,~~	63463
~~the product of the applicable vocational education weight times~~	63464
~~the formula amount times the percentage of time the student spends~~	63465
~~in the vocational education programs or classes;~~	63466

~~(D) If the student is included in the poverty student count~~	63467
~~of the student's resident district, the per pupil amount of the~~	63468
~~district's payment under division (C) of section 3317.029 of the~~	63469
~~Revised Code;~~	63470

~~(E) If the student is identified as limited English~~	63471
~~proficient and the student's resident district receives a payment~~	63472
~~for services to limited English proficient students under division~~	63473
~~(F) of section 3317.029 of the Revised Code, the per pupil amount~~	63474
~~of the district's payment under that division, calculated in the~~	63475
~~same manner as per pupil payments are calculated under division~~	63476
~~(C)(6) of section 3314.08 of the Revised Code;~~	63477

~~(F) If the student's resident district receives a payment~~	63478
~~under division (G), (H), or (I) of section 3317.029 of the Revised~~	63479
~~Code, the per pupil amount of the district's payments under each~~	63480
~~division, calculated in the same manner as per pupil payments are~~	63481
~~calculated under divisions (C)(7) and (8) of section 3314.08 of~~	63482
~~the Revised Code;~~	63483

~~(G) If the student's resident district receives a parity aid~~	63484
~~payment under section 3317.0217 of the Revised Code, the per pupil~~	63485
~~amount calculated for the district under division (C) or (D) of~~	63486
~~that section~~An opportunity grant in an amount equal to the	63487
formula amount;	63488

(B) The per pupil amount of targeted assistance funds	63489
calculated under division (A) of section 3317.0217 of the Revised	63490
Code for the student's resident district, as determined by the	63491
department, X 0.25;	63492

(C) Additional state aid for special education and related	63493
services provided under Chapter 3323. of the Revised Code as	63494
follows:	63495

(1) If the student is a category one special education	63496
student, the amount specified in division (A) of section 3317.013	63497
of the Revised Code;	63498

(2) If the student is a category two special education	63499
student, the amount specified in division (B) of section 3317.013	63500
of the Revised Code;	63501

(3) If the student is a category three special education	63502
student, the amount specified in division (C) of section 3317.013	63503
of the Revised Code;	63504

(4) If the student is a category four special education	63505
student, the amount specified in division (D) of section 3317.013	63506
of the Revised Code;	63507

(5) If the student is a category five special education	63508
student, the amount specified in division (E) of section 3317.013	63509
of the Revised Code;	63510

(6) If the student is a category six special education	63511
student, the amount specified in division (F) of section 3317.013	63512
of the Revised Code.	63513

(D) If the student is in kindergarten through third grade,	63514
$211, in fiscal year 2014, or $290, in fiscal year 2015;	63515

(E) If the student is economically disadvantaged, an amount	63516
equal to the following:	63517

($269, in fiscal year 2014, or $272, in fiscal year 2015) X (the	63518
resident district's economically disadvantaged index)	63519

(F) Limited English proficiency funds, as follows:

63520

(1) If the student is a category one limited English	63521
proficient student, the amount specified in division (A) of	63522
section 3317.016 of the Revised Code;	63523

(2) If the student is a category two limited English	63524
proficient student, the amount specified in division (B) of	63525
section 3317.016 of the Revised Code;	63526

(3) If the student is a category three limited English	63527
proficient student, the amount specified in division (C) of	63528
section 3317.016 of the Revised Code.	63529

(G) Career-technical education funds as follows:

63530

(1) If the student is a category one career-technical	63531
education student, the amount specified in division (A) of section	63532
3317.014 of the Revised Code;	63533

(2) If the student is a category two career-technical	63534
education student, the amount specified in division (B) of section	63535
3317.014 of the Revised Code;	63536

(3) If the student is a category three career-technical	63537
education student, the amount specified in division (C) of section	63538
3317.014 of the Revised Code;	63539

(4) If the student is a category four career-technical	63540
education student, the amount specified in division (D) of section	63541
3317.014 of the Revised Code;	63542

(5) If the student is a category five career-technical	63543
education student, the amount specified in division (E) of section	63544
3317.014 of the Revised Code.	63545

Deduction and payment of funds under division (G) of this	63546
section is subject to approval under section 3317.161 of the	63547
Revised Code.	63548

Sec. 3326.34. If a science, technology, engineering, and	63549
mathematics school established under this chapter incurs costs for	63550
a fiscal year for a student receiving special education and	63551
related services pursuant to an IEP for a disability described in	63552
divisions (B) to (F) of section 3317.013 of the Revised Code that	63553
exceed the threshold catastrophic cost for serving the student as	63554
specified in division ~~(C)(3)(b)~~(B) of section ~~3317.022~~3317.0214	63555
of the Revised Code, the STEM school may submit to the	63556
superintendent of public instruction documentation, as prescribed	63557
by the superintendent, of all its costs for that student. Upon	63558
submission of documentation for a student of the type and in the	63559
manner prescribed, the department of education shall pay to the	63560
school an amount equal to the school's costs for the student in	63561
excess of the threshold catastrophic costs.	63562

The school shall only report under this section, and the	63563
department shall only pay for, the costs of educational expenses	63564
and the related services provided to the student in accordance	63565
with the student's IEP. Any legal fees, court costs, or other	63566
costs associated with any cause of action relating to the student	63567
may not be included in the amount.	63568

Sec. 3326.38. A science, technology, engineering, and	63569
mathematics school may do ~~all~~both of the following:	63570

(A) ~~Apply to the department of education for gifted unit~~	63571
~~funding;~~	63572

~~(B)~~ Apply to any state or federal agency for grants that a	63573
school district or public school may receive under federal or	63574
state law or any appropriations act of the general assembly;	63575

~~(C)~~(B) Apply to any private entity or foundation for	63576
additional funds.	63577

Sec. 3326.39. (A) In any fiscal year, a STEM school	63578
receiving funds under division (G) of section 3326.33 of the	63579
Revised Code shall spend those funds only for the purposes that	63580
the department designates as approved for career-technical	63581
education expenses. Career-technical educational expenses approved	63582
by the department shall include only expenses connected to the	63583
delivery of career-technical programming to career-technical	63584
students. The department shall require the school to report data	63585
annually so that the department may monitor the school's	63586
compliance with the requirements regarding the manner in which	63587
funding received under division (G) of section 3326.33 of the	63588
Revised Code may be spent.	63589

(B) All funds received under division (G) of section 3326.33	63590
of the Revised Code shall be spent in the following manner:	63591

(1) At least seventy-five per cent of the funds shall be	63592
spent on curriculum development, purchase, and implementation;	63593
instructional resources and supplies; industry-based program	63594
certification; student assessment, credentialing, and placement;	63595
curriculum specific equipment purchases and leases;	63596
career-technical student organization fees and expenses; home and	63597
agency linkages; work-based learning experiences; professional	63598
development; and other costs directly associated with	63599
career-technical education programs including development of new	63600
programs.	63601

(2) Not more than twenty-five per cent of the funds shall be	63602
used for personnel expenditures.	63603

Sec. 3326.40. A STEM school shall spend the funds it	63604
receives under division (E) of section 3326.33 of the Revised Code	63605
in accordance with section 3317.25 of the Revised Code.	63606

Sec. 3326.45. (A) The governing body of a science,	63607
technology, engineering, and mathematics school may contract with	63608
the governing board of an educational service center or the board	63609
of education of a joint vocational school district for the	63610
provision of services to the STEM school or to any student	63611
enrolled in the school. Services provided under the contract and	63612
the amount to be paid for those services shall be mutually agreed	63613
to by the parties to the contract, and shall be specified in the	63614
contract.	63615

(B) A contract entered into under this section may require an	63616
educational service center to provide any one or a combination of	63617
the following services to a STEM school:	63618

(1) Supervisory teachers;

63619

(2) In-service and continuing education programs for	63620
personnel of the STEM school;	63621

(3) Curriculum services as provided to the client school	63622
districts of the service center;	63623

(4) Research and development programs;

63624

(5) Academic instruction for which the service center	63625
governing board employs teachers;	63626

(6) Assistance in the provision of special accommodations and	63627
classes for students with disabilities.	63628

Services described in division (B) of this section shall be	63629
provided to the STEM school in the same manner they are provided	63630
to client school districts of the service center, unless otherwise	63631
specified in the contract. The contract shall specify whether the	63632
service center will receive a per-pupil payment from the	63633
department of education for the provision of these services and,	63634
if so, the amount of the per-pupil payment~~, which shall not exceed~~	63635
~~the per-pupil amount paid to the service center under division (F)~~	63636
~~of section 3317.11 of the Revised Code for each student in the~~	63637
~~service center ADM~~.	63638

(C) For each contract entered into under this section, the	63639
department shall deduct the amount owed by the STEM school from	63640
the state funds due to the STEM school under this chapter and	63641
shall pay that amount to the educational service center or joint	63642
vocational school district that is party to the contract. ~~In the~~	63643
~~case of a contract with an educational service center that~~	63644
~~specifies per-pupil payments for the provision of services~~	63645
~~described in division (B) of this section, the department also~~	63646
~~shall pay the service center the amount calculated under division~~	63647
~~(H) of section 3317.11 of the Revised Code.~~	63648

(D) No contract entered into under this section shall be	63649
valid unless a copy is filed with the department by the first day	63650
of the school year for which the contract is in effect.	63651

(E) As used in this section, "client school district" ~~has the~~	63652
~~same meaning as in section 3317.11 of the Revised Code~~means a	63653
city, exempted village, or local school district that has entered	63654
into an agreement under section 3313.843 or 3313.845 of the	63655
Revised Code to receive any services from an educational service	63656
center.	63657

Sec. 3327.01. Notwithstanding division (D) of section	63658
3311.19 and division (D) of section 3311.52 of the Revised Code,	63659
this section and sections 3327.011, 3327.012, and 3327.02 of the	63660
Revised Code do not apply to any joint vocational or cooperative	63661
education school district.	63662

In all city, local, and exempted village school districts	63663
where resident school pupils in grades kindergarten through eight	63664
live more than two miles from the school for which the state board	63665
of education prescribes minimum standards pursuant to division (D)	63666
of section 3301.07 of the Revised Code and to which they are	63667
assigned by the board of education of the district of residence or	63668
to and from the nonpublic or community school which they attend,	63669
the board of education shall provide transportation for such	63670
pupils to and from ~~such~~that school except as provided in section	63671
3327.02 of the Revised Code.	63672

In all city, local, and exempted village school districts	63673
where pupil transportation is required under a career-technical	63674
plan approved by the state board of education under section	63675
3313.90 of the Revised Code, for any student attending a	63676
career-technical program operated by another school district,	63677
including a joint vocational school district, as prescribed under	63678
that section, the board of education of the student's district of	63679
residence shall provide transportation from the public high school	63680
operated by that district to which the student is assigned to the	63681
career-technical program.	63682

In all city, local, and exempted village school districts,	63683
the board may provide transportation for resident school pupils in	63684
grades nine through twelve to and from the high school to which	63685
they are assigned by the board of education of the district of	63686
residence or to and from the nonpublic or community high school	63687
which they attend for which the state board of education	63688
prescribes minimum standards pursuant to division (D) of section	63689
3301.07 of the Revised Code.	63690

A board of education shall not be required to transport	63691
elementary or high school pupils to and from a nonpublic or	63692
community school where such transportation would require more than	63693
thirty minutes of direct travel time as measured by school bus	63694
from the public school building to which the pupils would be	63695
assigned if attending the public school designated by the district	63696
of residence.	63697

Where it is impractical to transport a pupil by school	63698
conveyance, a board of education may offer payment, in lieu of	63699
providing such transportation in accordance with section 3327.02	63700
of the Revised Code.	63701

A board of education shall not be required to transport	63702
elementary or high school pupils to and from a nonpublic or	63703
community school on Saturday or Sunday, unless a board of	63704
education and a nonpublic or community school have an agreement in	63705
place to do so before July 1, 2014.	63706

In all city, local, and exempted village school districts,	63707
the board shall provide transportation for all children who are so	63708
disabled that they are unable to walk to and from the school for	63709
which the state board of education prescribes minimum standards	63710
pursuant to division (D) of section 3301.07 of the Revised Code	63711
and which they attend. In case of dispute whether the child is	63712
able to walk to and from the school, the health commissioner shall	63713
be the judge of such ability. In all city, exempted village, and	63714
local school districts, the board shall provide transportation to	63715
and from school or special education classes for ~~educable~~ mentally	63716
~~retarded~~disabled children in accordance with standards adopted by	63717
the state board of education.	63718

When transportation of pupils is provided the conveyance	63719
shall be run on a time schedule that shall be adopted and put in	63720
force by the board not later than ten days after the beginning of	63721
the school term.	63722

The cost of any transportation service authorized by this	63723
section shall be paid first out of federal funds, if any,	63724
available for the purpose of pupil transportation, and secondly	63725
out of state appropriations, in accordance with regulations	63726
adopted by the state board of education.	63727

No transportation of any pupils shall be provided by any	63728
board of education to or from any school which in the selection of	63729
pupils, faculty members, or employees, practices discrimination	63730
against any person on the grounds of race, color, religion, or	63731
national origin.	63732

Sec. 3327.02. (A) After considering each of the following	63733
factors, the board of education of a city, exempted village, or	63734
local school district may determine that it is impractical to	63735
transport a pupil who is eligible for transportation to and from a	63736
school under section 3327.01 of the Revised Code:	63737

(1) The time and distance required to provide the	63738
transportation;	63739

(2) The number of pupils to be transported;

63740

(3) The cost of providing transportation in terms of	63741
equipment, maintenance, personnel, and administration;	63742

(4) Whether similar or equivalent service is provided to	63743
other pupils eligible for transportation;	63744

(5) Whether and to what extent the additional service	63745
unavoidably disrupts current transportation schedules;	63746

(6) Whether other reimbursable types of transportation are	63747
available.	63748

(B)(1) Based on its consideration of the factors established	63749
in division (A) of this section, the board may pass a resolution	63750
declaring the impracticality of transportation. The resolution	63751
shall include each pupil's name and the reason for impracticality.	63752

(2) The board shall report its determination to the state	63753
board of education in a manner determined by the state board.	63754

(3) The board of education of a local school district	63755
additionally shall submit the resolution for concurrence to the	63756
educational service center that contains the local district's	63757
territory. If the educational service center governing board	63758
considers transportation by school conveyance practicable, it	63759
shall so inform the local board and transportation shall be	63760
provided by such local board. If the educational service center	63761
board agrees with the view of the local board, the local board may	63762
offer payment in lieu of transportation as provided in this	63763
section.	63764

(C) After passing the resolution declaring the impracticality	63765
of transportation, the district board shall offer to provide	63766
payment in lieu of transportation by doing the following:	63767

(1) In accordance with guidelines established by the	63768
department of education, informing the pupil's parent, guardian,	63769
or other person in charge of the pupil of both of the following:	63770

(a) The board's resolution;

63771

(b) The right of the pupil's parent, guardian, or other	63772
person in charge of the pupil to accept the offer of payment in	63773
lieu of transportation or to reject the offer and instead request	63774
the department to initiate mediation procedures.	63775

(2) Issuing the pupil's parent, guardian, or other person in	63776
charge of the pupil a contract or other form on which the parent,	63777
guardian, or other person in charge of the pupil is given the	63778
option to accept or reject the board's offer of payment in lieu of	63779
transportation.	63780

(D) If the parent, guardian, or other person in charge of the	63781
pupil accepts the offer of payment in lieu of providing	63782
transportation, the board shall pay the parent, guardian, or other	63783
person in charge of the pupil an amount that shall be not less	63784
than the amount determined by the ~~department of education~~general	63785
assembly as the minimum for payment in lieu of transportation, and	63786
not more than the amount determined by the department of education	63787
as the average cost of pupil transportation for the previous	63788
school year. Payment may be prorated if the time period involved	63789
is only a part of the school year.	63790

(E)(1)(a) Upon the request of a parent, guardian, or other	63791
person in charge of the pupil who rejected the payment in lieu of	63792
transportation, the department shall conduct mediation procedures.	63793

(b) If the mediation does not resolve the dispute, the state	63794
board of education shall conduct a hearing in accordance with	63795
Chapter 119. of the Revised Code. The state board may approve the	63796
payment in lieu of transportation or may order the board of	63797
education to provide transportation. The decision of the state	63798
board is binding in subsequent years and on future parties in	63799
interest provided the facts of the determination remain	63800
comparable.	63801

(2) The school district shall provide transportation for the	63802
pupil from the time the parent, guardian, or other person in	63803
charge of the pupil requests mediation until the matter is	63804
resolved under division (E)(1)(a) or (b) of this section.	63805

(F)(1) If the department determines that a school district	63806
board has failed or is failing to provide transportation as	63807
required by division (E)(2) of this section or as ordered by the	63808
state board under division (E)(1)(b) of this section, the	63809
department shall order the school district board to pay to the	63810
pupil's parent, guardian, or other person in charge of the pupil,	63811
an amount equal to the state average daily cost of transportation	63812
as determined by the state board of education for the previous	63813
year. The school district board shall make payments on a schedule	63814
ordered by the department.	63815

(2) If the department subsequently finds that a school	63816
district board is not in compliance with an order issued under	63817
division (F)(1) of this section and the affected pupils are	63818
enrolled in a nonpublic or community school, the department shall	63819
deduct the amount that the board is required to pay under that	63820
order from any pupil transportation payments the department makes	63821
to the school district board under section 3317.0212 of the	63822
Revised Code or other provisions of law. The department shall use	63823
the moneys so deducted to make payments to the nonpublic or	63824
community school attended by the pupil. The department shall	63825
continue to make the deductions and payments required under this	63826
division until the school district board either complies with the	63827
department's order issued under division (F)(1) of this section or	63828
begins providing transportation.	63829

(G) A nonpublic or community school that receives payments	63830
from the department under division (F)(2) of this section shall do	63831
either of the following:	63832

(1) Disburse the entire amount of the payments to the parent,	63833
guardian, or other person in charge of the pupil affected by the	63834
failure of the school district of residence to provide	63835
transportation;	63836

(2) Use the entire amount of the payments to provide	63837
acceptable transportation for the affected pupil.	63838

Sec. 3327.07. (A) The governing authority of a chartered	63839
nonpublic school that transports a student enrolled in the school	63840
to and from school may charge the parent or guardian of the	63841
student a fee for the transportation, if the governing authority	63842
purchased the vehicle that transports the student using no state	63843
or federal funds. The fee shall not exceed the per student cost of	63844
the transportation, as determined by the governing authority.	63845

(B) The parent or guardian of a student who is enrolled in a	63846
chartered nonpublic school and is eligible for transportation by a	63847
school district under section 3327.01 of the Revised Code may	63848
decline that transportation and accept transportation from the	63849
chartered nonpublic school. The governing authority of a chartered	63850
nonpublic school may charge a fee under division (A) of this	63851
section regardless of whether a student is eligible for	63852
transportation under section 3327.01 of the Revised Code.	63853

(C) The offering by the governing authority of a chartered	63854
nonpublic school of transportation to and from the school does not	63855
relieve any school district board of education from any duty	63856
imposed by sections 3327.01 and 3327.02 of the Revised Code with	63857
respect to the chartered nonpublic school's students.	63858

Sec. 3327.10. (A) No person shall be employed as driver of a	63859
school bus or motor van, owned and operated by any school district	63860
or educational service center or privately owned and operated	63861
under contract with any school district or service center in this	63862
state, who has not received a certificate from either the	63863
educational service center governing board ~~in case such person is~~	63864
~~employed by a service center or by a local school district under~~	63865
~~the supervision of the service center governing board,~~that has	63866
entered into an agreement with the school district under section	63867
3313.843 or 3313.845 of the Revised Code or by the superintendent	63868
of ~~schools, in case such person is employed by the board of a city~~	63869
~~or exempted village~~the school district, certifying that such	63870
person is at least eighteen years of age and is of good moral	63871
character and is qualified physically and otherwise for such	63872
position. The service center governing board or the	63873
superintendent, as the case may be, shall provide for an annual	63874
physical examination that conforms with rules adopted by the state	63875
board of education of each driver to ascertain the driver's	63876
physical fitness for such employment. Any certificate may be	63877
revoked by the authority granting the same on proof that the	63878
holder has been guilty of failing to comply with division (D)(1)	63879
of this section, or upon a conviction or a guilty plea for a	63880
violation, or any other action, that results in a loss or	63881
suspension of driving rights. Failure to comply with such division	63882
may be cause for disciplinary action or termination of employment	63883
under division (C) of section 3319.081, or section 124.34 of the	63884
Revised Code.	63885

(B) No person shall be employed as driver of a school bus or	63886
motor van not subject to the rules of the department of education	63887
pursuant to division (A) of this section who has not received a	63888
certificate from the school administrator or contractor certifying	63889
that such person is at least eighteen years of age, is of good	63890
moral character, and is qualified physically and otherwise for	63891
such position. Each driver shall have an annual physical	63892
examination which conforms to the state highway patrol rules,	63893
ascertaining the driver's physical fitness for such employment.	63894
The examination shall be performed by one of the following:	63895

(1) A person licensed under Chapter 4731. of the Revised Code	63896
or by another state to practice medicine and surgery or	63897
osteopathic medicine and surgery;	63898

(2) A physician assistant;

63899

(3) A certified nurse practitioner;

63900

(4) A clinical nurse specialist;

63901

(5) A certified nurse-midwife.

63902

Any written documentation of the physical examination shall	63903
be completed by the individual who performed the examination.	63904

Any certificate may be revoked by the authority granting the	63905
same on proof that the holder has been guilty of failing to comply	63906
with division (D)(2) of this section.	63907

(C) Any person who drives a school bus or motor van must give	63908
satisfactory and sufficient bond except a driver who is an	63909
employee of a school district and who drives a bus or motor van	63910
owned by the school district.	63911

(D) No person employed as driver of a school bus or motor van	63912
under this section who is convicted of a traffic violation or who	63913
has had the person's commercial driver's license suspended shall	63914
drive a school bus or motor van until the person has filed a	63915
written notice of the conviction or suspension, as follows:	63916

(1) If the person is employed under division (A) of this	63917
section, the person shall file the notice with the superintendent,	63918
or a person designated by the superintendent, of the school	63919
district for which the person drives a school bus or motor van as	63920
an employee or drives a privately owned and operated school bus or	63921
motor van under contract.	63922

(2) If employed under division (B) of this section, the	63923
person shall file the notice with the employing school	63924
administrator or contractor, or a person designated by the	63925
administrator or contractor.	63926

(E) In addition to resulting in possible revocation of a	63927
certificate as authorized by divisions (A) and (B) of this	63928
section, violation of division (D) of this section is a minor	63929
misdemeanor.	63930

(F)(1) Not later than thirty days after June 30, 2007, each	63931
owner of a school bus or motor van shall obtain the complete	63932
driving record for each person who is currently employed or	63933
otherwise authorized to drive the school bus or motor van. An	63934
owner of a school bus or motor van shall not permit a person to	63935
operate the school bus or motor van for the first time before the	63936
owner has obtained the person's complete driving record.	63937
Thereafter, the owner of a school bus or motor van shall obtain	63938
the person's driving record not less frequently than semiannually	63939
if the person remains employed or otherwise authorized to drive	63940
the school bus or motor van. An owner of a school bus or motor van	63941
shall not permit a person to resume operating a school bus or	63942
motor van, after an interruption of one year or longer, before the	63943
owner has obtained the person's complete driving record.	63944

(2) The owner of a school bus or motor van shall not permit a	63945
person to operate the school bus or motor van for six years after	63946
the date on which the person pleads guilty to or is convicted of a	63947
violation of section 4511.19 of the Revised Code or a	63948
substantially equivalent municipal ordinance.	63949

(3) An owner of a school bus or motor van shall not permit	63950
any person to operate such a vehicle unless the person meets all	63951
other requirements contained in rules adopted by the state board	63952
of education prescribing qualifications of drivers of school buses	63953
and other student transportation.	63954

(G) No superintendent of a school district, educational	63955
service center, community school, or public or private employer	63956
shall permit the operation of a vehicle used for pupil	63957
transportation within this state by an individual unless both of	63958
the following apply:	63959

(1) Information pertaining to that driver has been submitted	63960
to the department of education, pursuant to procedures adopted by	63961
that department. Information to be reported shall include the name	63962
of the employer or school district, name of the driver, driver	63963
license number, date of birth, date of hire, status of physical	63964
evaluation, and status of training.	63965

(2) The most recent criminal records check required by	63966
division (J) of this section has been completed and received by	63967
the superintendent or public or private employer.	63968

(H) A person, school district, educational service center,	63969
community school, nonpublic school, or other public or nonpublic	63970
entity that owns a school bus or motor van, or that contracts with	63971
another entity to operate a school bus or motor van, may impose	63972
more stringent restrictions on drivers than those prescribed in	63973
this section, in any other section of the Revised Code, and in	63974
rules adopted by the state board.	63975

(I) For qualified drivers who, on July 1, 2007, are employed	63976
by the owner of a school bus or motor van to drive the school bus	63977
or motor van, any instance in which the driver was convicted of or	63978
pleaded guilty to a violation of section 4511.19 of the Revised	63979
Code or a substantially equivalent municipal ordinance prior to	63980
two years prior to July 1, 2007, shall not be considered a	63981
disqualifying event with respect to division (F) of this section.	63982

(J)(1) This division applies to persons hired by a school	63983
district, educational service center, community school, chartered	63984
nonpublic school, or science, technology, engineering, and	63985
mathematics school established under Chapter 3326. of the Revised	63986
Code to operate a vehicle used for pupil transportation.	63987

For each person to whom this division applies who is hired on	63988
or after November 14, 2007, the employer shall request a criminal	63989
records check in accordance with section 3319.39 of the Revised	63990
Code and every six years thereafter. For each person to whom this	63991
division applies who is hired prior to that date, the employer	63992
shall request a criminal records check by a date prescribed by the	63993
department of education and every six years thereafter.	63994

(2) This division applies to persons hired by a public or	63995
private employer not described in division (J)(1) of this section	63996
to operate a vehicle used for pupil transportation.	63997

For each person to whom this division applies who is hired on	63998
or after November 14, 2007, the employer shall request a criminal	63999
records check prior to the person's hiring and every six years	64000
thereafter. For each person to whom this division applies who is	64001
hired prior to that date, the employer shall request a criminal	64002
records check by a date prescribed by the department and every six	64003
years thereafter.	64004

(3) Each request for a criminal records check under division	64005
(J) of this section shall be made to the superintendent of the	64006
bureau of criminal identification and investigation in the manner	64007
prescribed in section 3319.39 of the Revised Code, except that if	64008
both of the following conditions apply to the person subject to	64009
the records check, the employer shall request the superintendent	64010
only to obtain any criminal records that the federal bureau of	64011
investigation has on the person:	64012

(a) The employer previously requested the superintendent to	64013
determine whether the bureau of criminal identification and	64014
investigation has any information, gathered pursuant to division	64015
(A) of section 109.57 of the Revised Code, on the person in	64016
conjunction with a criminal records check requested under section	64017
3319.39 of the Revised Code or under division (J) of this section.	64018

(b) The person presents proof that the person has been a	64019
resident of this state for the five-year period immediately prior	64020
to the date upon which the person becomes subject to a criminal	64021
records check under this section.	64022

Upon receipt of a request, the superintendent shall conduct	64023
the criminal records check in accordance with section 109.572 of	64024
the Revised Code as if the request had been made under section	64025
3319.39 of the Revised Code. However, as specified in division	64026
(B)(2) of section 109.572 of the Revised Code, if the employer	64027
requests the superintendent only to obtain any criminal records	64028
that the federal bureau of investigation has on the person for	64029
whom the request is made, the superintendent shall not conduct the	64030
review prescribed by division (B)(1) of that section.	64031

(K)(1) Until the effective date of the amendments to rule	64032
3301-83-23 of the Ohio Administrative Code required by the second	64033
paragraph of division (E) of section 3319.39 of the Revised Code,	64034
any person who is the subject of a criminal records check under	64035
division (J) of this section and has been convicted of or pleaded	64036
guilty to any offense described in division (B)(1) of section	64037
3319.39 of the Revised Code shall not be hired or shall be	64038
released from employment, as applicable, unless the person meets	64039
the rehabilitation standards prescribed for nonlicensed school	64040
personnel by rule 3301-20-03 of the Ohio Administrative Code.	64041

(2) Beginning on the effective date of the amendments to rule	64042
3301-83-23 of the Ohio Administrative Code required by the second	64043
paragraph of division (E) of section 3319.39 of the Revised Code,	64044
any person who is the subject of a criminal records check under	64045
division (J) of this section and has been convicted of or pleaded	64046
guilty to any offense that, under the rule, disqualifies a person	64047
for employment to operate a vehicle used for pupil transportation	64048
shall not be hired or shall be released from employment, as	64049
applicable, unless the person meets the rehabilitation standards	64050
prescribed by the rule.	64051

Sec. 3328.27. The board of trustees of each	64052
college-preparatory boarding school shall comply with the	64053
standards for financial reporting adopted under division (B)(2) of	64054
section 3301.07 of the Revised Code.	64055

Sec. 3333.041. (A) On or before the last day of December of	64056
each year, the chancellor of the Ohio board of regents shall	64057
submit to the governor and, in accordance with section 101.68 of	64058
the Revised Code, the general assembly a report or reports	64059
concerning all of the following:	64060

(1) The status of graduates of Ohio school districts at state	64061
institutions of higher education during the twelve-month period	64062
ending on the thirtieth day of September of the current calendar	64063
year. The report shall list, by school district, the number of	64064
graduates of each school district who attended a state institution	64065
of higher education and the percentage of each district's	64066
graduates enrolled in a state institution of higher education	64067
during the reporting period who were required during such period	64068
by the college or university, as a prerequisite to enrolling in	64069
those courses generally required for first-year students, to	64070
enroll in a remedial course in English, including composition or	64071
reading, mathematics, and any other area designated by the	64072
chancellor. The chancellor also shall make the information	64073
described in division (A)(1) of this section available to the	64074
board of education of each city, exempted village, and local	64075
school district.	64076

Each state institution of higher education shall, by the	64077
first day of November of each year, submit to the chancellor in	64078
the form specified by the chancellor the information the	64079
chancellor requires to compile the report.	64080

(2) Aggregate academic growth data for students assigned to	64081
graduates of teacher preparation programs approved under section	64082
3333.048 of the Revised Code who teach English language arts or	64083
mathematics in any of grades four to eight in a public school in	64084
Ohio. For this purpose, the chancellor shall use the value-added	64085
progress dimension prescribed by section 3302.021 of the Revised	64086
Code or the alternative student academic progress measure if	64087
adopted under division (C)(1)(e) of section 3302.03 of the Revised	64088
Code. The chancellor shall aggregate the data by graduating class	64089
for each approved teacher preparation program, except that if a	64090
particular class has ten or fewer graduates to which this section	64091
applies, the chancellor shall report the data for a group of	64092
classes over a three-year period. In no case shall the report	64093
identify any individual graduate. The department of education	64094
shall share any data necessary for the report with the chancellor.	64095

(3) The following information with respect to the Ohio	64096
tuition trust authority:	64097

(a) The name of each investment manager that is a minority	64098
business enterprise or a women's business enterprise with which	64099
the chancellor contracts;	64100

(b) The amount of assets managed by investment managers that	64101
are minority business enterprises or women's business enterprises,	64102
expressed as a percentage of assets managed by investment managers	64103
with which the chancellor has contracted;	64104

(c) Efforts by the chancellor to increase utilization of	64105
investment managers that are minority business enterprises or	64106
women's business enterprises.	64107

(4) ~~The status of implementation of faculty improvement~~	64108
~~programs under section 3345.28 of the Revised Code. The report~~	64109
~~shall include, but need not be limited to, the following: the~~	64110
~~number of professional leave grants made by each institution; the~~	64111
~~purpose of each professional leave; and a statement of the cost to~~	64112
~~the institution of each professional leave, to the extent that the~~	64113
~~cost exceeds the salary of the faculty member on professional~~	64114
~~leave.~~	64115

~~(5) The number and types of biobased products purchased under~~	64116
~~section 125.092 of the Revised Code and the amount of money spent~~	64117
~~by state institutions of higher education for those biobased~~	64118
~~products as that information is provided to the chancellor under~~	64119
~~division (A) of section 3345.692 of the Revised Code.~~	64120

~~(6)~~ A description of dual enrollment programs, as defined in	64121
section 3313.6013 of the Revised Code, that are offered by school	64122
districts, community schools established under Chapter 3314. of	64123
the Revised Code, STEM schools established under Chapter 3326. of	64124
the Revised Code, college-preparatory boarding schools established	64125
under Chapter 3328. of the Revised Code, and chartered nonpublic	64126
high schools. The chancellor also shall post the information on	64127
the chancellor's web site.	64128

~~(7) The academic and economic impact of the Ohio innovation~~	64129
~~partnership established under section 3333.61 of the Revised Code.~~	64130
~~At a minimum, the report shall include the following:~~	64131

~~(a) Progress and performance metrics for each initiative that~~	64132
~~received an award in the previous fiscal year;~~	64133

~~(b) Economic indicators of the impact of each initiative, and~~	64134
~~all initiatives as a whole, on the regional economies and the~~	64135
~~statewide economy;~~	64136

~~(c)~~(5) The chancellor's strategy in assigning choose Ohio	64137
first scholarships, as established under section 3333.61 of the	64138
Revised Code, among state universities and colleges and how the	64139
actual awards fit that strategy.	64140

~~(8)~~(6) The academic and economic impact of the Ohio	64141
co-op/internship program established under section 3333.72 of the	64142
Revised Code. At a minimum, the report shall include the	64143
following:	64144

(a) Progress and performance metrics for each initiative that	64145
received an award in the previous fiscal year;	64146

(b) Economic indicators of the impact of each initiative, and	64147
all initiatives as a whole, on the regional economies and the	64148
statewide economy;	64149

(c) The chancellor's strategy in allocating awards among	64150
state institutions of higher education and how the actual awards	64151
fit that strategy.	64152

(B) As used in this section:

64153

(1) "Minority business enterprise" has the same meaning as in	64154
section 122.71 of the Revised Code.	64155

(2) "State institution of higher education" and "state	64156
university" have the same meanings as in section 3345.011 of the	64157
Revised Code.	64158

(3) "State university or college" has the same meaning as in	64159
section 3345.12 of the Revised Code.	64160

(4) "Women's business enterprise" means a business, or a	64161
partnership, corporation, limited liability company, or joint	64162
venture of any kind, that is owned and controlled by women who are	64163
United States citizens and residents of this state.	64164

Sec. 3333.0412. No nonprofit institution that holds a	64165
certificate of authorization issued under Chapter 1713. of the	64166
Revised Code shall be liable for a breach of confidentiality	64167
arising from the institution's submission of student data or	64168
records to the board of regents or any other state agency in	64169
compliance with any law, rule, or regulation, provided that the	64170
breach occurs as a result of one of the following:	64171

(A) An action by a third party during and after the	64172
transmission of the data or records by the institution but prior	64173
to receipt of the data or records by the board of regents or other	64174
state agency;	64175

(B) An action by the board of regents or the state agency.

64176

This provision shall apply to the submission of any student	64177
data or records that are subject to any laws of this state or, to	64178
the extent permitted, any federal law, including the "Family	64179
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	64180
U.S.C. 1232g.	64181

Sec. 3333.124. There is hereby created in the state treasury	64182
the Ohio college opportunity grant program reserve fund. Not later	64183
than the first day of July of each fiscal year, the chancellor of	64184
the Ohio board of regents shall certify to the director of budget	64185
and management the unencumbered balance of the general revenue	64186
fund appropriations made in the immediately preceding fiscal year	64187
for purposes of the Ohio college opportunity grant program created	64188
in section 3333.122 of the Revised Code. Upon receipt of the	64189
certification, the director may transfer an amount not exceeding	64190
the certified amount from the general revenue fund to the Ohio	64191
college opportunity grant program reserve fund. Moneys in the Ohio	64192
college opportunity grant program reserve fund shall be used to	64193
pay grant obligations in excess of the general revenue fund	64194
appropriations made for that purpose.	64195

The director may transfer any unencumbered balance from the	64196
Ohio college opportunity grant program reserve fund to the general	64197
revenue fund.	64198

Sec. 3333.342. (A) The chancellor of the Ohio board of	64199
regents may designate a "certificate of value" for a certificate	64200
program at any adult career-technical education institution or	64201
state institution of higher education, as defined under section	64202
3345.011 of the Revised Code, based on the standards adopted under	64203
division (B) of this section.	64204

(B) The chancellor shall develop standards for designation of	64205
the certificates of value for certificate programs at adult	64206
career-technical education institutions and state institutions of	64207
higher education. The standards shall include at least the	64208
following considerations:	64209

(1) The quality of the certificate program;

64210

(2) The ability to transfer agreed-upon technical courses	64211
completed through an adult career-technical education institution	64212
to a state institution of higher education without unnecessary	64213
duplication or institutional barriers;	64214

(3) The extent to which the certificate program encourages a	64215
student to obtain an associate's or bachelor's degree;	64216

(4) The extent to which the certificate program increases a	64217
student's likelihood to complete other certificate programs or an	64218
associate's or bachelor's degree;	64219

(5) The ability of the certificate program to meet the	64220
expectations of the workplace and higher education;	64221

(6) The extent to which the certificate program is aligned	64222
with the strengths of the regional economy;	64223

(7) The extent to which the certificate program increases the	64224
amount of individuals who remain in or enter the state's	64225
workforce;	64226

(8) The extent of a certificate program's relationship with	64227
private companies in the state to fill potential job growth.	64228

(C) The designation of a certificate of value under this	64229
section shall expire six years after its designation date.	64230

(D) The chancellor may revoke a designation prior to its	64231
expiration date if the chancellor determines that the program no	64232
longer complies with the standards developed under division (B) of	64233
this section.	64234

(E) Any revocation of a certificate of value under this	64235
section shall become effective one hundred eighty days after the	64236
date the revocation was declared by the chancellor.	64237

(F) Any adult career-technical education institution or state	64238
institution of higher education that desires to be eligible to	64239
receive a designation of certificate of value for one or more of	64240
its certificate programs shall comply with all records and data	64241
requests required by the chancellor.	64242

~~Sec. 3333.90.~~ Sec. 3333.59. (A) As used in this section:

64243

(1) "Allocated state share of instruction" means, for any	64244
fiscal year, the amount of the state share of instruction	64245
appropriated to the Ohio board of regents by the general assembly	64246
that is allocated to a community or technical college or community	64247
or technical college district for such fiscal year.	64248

(2) "Issuing authority" has the same meaning as in section	64249
154.01 of the Revised Code.	64250

(3) "Bond service charges" has the same meaning as in section	64251
154.01 of the Revised Code.	64252

(4) "Chancellor" means the chancellor of the Ohio board of	64253
regents.	64254

(5) "Community or technical college" or "college" means any	64255
of the following state-supported or state-assisted institutions of	64256
higher education:	64257

(a) A community college as defined in section 3354.01 of the	64258
Revised Code;	64259

(b) A technical college as defined in section 3357.01 of the	64260
Revised Code;	64261

(c) A state community college as defined in section 3358.01	64262
of the Revised Code.	64263

(6) "Community or technical college district" or "district"	64264
means any of the following institutions of higher education that	64265
are state-supported or state-assisted:	64266

(a) A community college district as defined in section	64267
3354.01 of the Revised Code;	64268

(b) A technical college district as defined in section	64269
3357.01 of the Revised Code;	64270

(c) A state community college district as defined in section	64271
3358.01 of the Revised Code.	64272

(7) "Credit enhancement facilities" has the same meaning as	64273
in section 133.01 of the Revised Code.	64274

(8) "Obligations" has the meaning as in section 154.01 or	64275
3345.12 of the Revised Code, as the context requires.	64276

(B) The board of trustees of any community or technical	64277
college district authorizing the issuance of obligations under	64278
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the	64279
Revised Code, or for whose benefit and on whose behalf the issuing	64280
authority proposes to issue obligations under section 154.25 of	64281
the Revised Code, may adopt a resolution requesting the chancellor	64282
to enter into an agreement with the community or technical college	64283
district and the primary paying agent or fiscal agent for such	64284
obligations, providing for the withholding and deposit of funds	64285
otherwise due the district or the community or technical college	64286
it operates in respect of its allocated state share of	64287
instruction, for the payment of bond service charges on such	64288
obligations.	64289

The board of trustees shall deliver to the chancellor a copy	64290
of the resolution and any additional pertinent information the	64291
chancellor may require.	64292

The chancellor and the office of budget and management, and	64293
the issuing authority in the case of obligations to be issued by	64294
the issuing authority, shall evaluate each request received from a	64295
community or technical college district under this section. The	64296
chancellor, with the advice and consent of the director of budget	64297
and management and the issuing authority in the case of	64298
obligations to be issued by the issuing authority, shall approve	64299
each request if all of the following conditions are met:	64300

(1) Approval of the request will enhance the marketability of	64301
the obligations for which the request is made;	64302

(2) The chancellor and the office of budget and management,	64303
and the issuing authority in the case of obligations to be issued	64304
by the issuing authority, have no reason to believe the requesting	64305
community or technical college district or the community or	64306
technical college it operates will be unable to pay when due the	64307
bond service charges on the obligations for which the request is	64308
made, and bond service charges on those obligations are therefore	64309
not anticipated to be paid pursuant to this section from the	64310
allocated state share of instruction for purposes of Section 17 of	64311
Article VIII, Ohio Constitution.	64312

(3) Any other pertinent conditions established in rules	64313
adopted under division (H) of this section.	64314

(C) If the chancellor approves the request of a community or	64315
technical college district to withhold and deposit funds pursuant	64316
to this section, the chancellor shall enter into a written	64317
agreement with the district and the primary paying agent or fiscal	64318
agent for the obligations, which agreement shall provide for the	64319
withholding of funds pursuant to this section for the payment of	64320
bond service charges on those obligations. The agreement may also	64321
include both of the following:	64322

(1) Provisions for certification by the district to the	64323
chancellor, prior to the deadline for payment of the applicable	64324
bond service charges, whether the district and the community or	64325
technical college it operates are able to pay those bond service	64326
charges when due;	64327

(2) Requirements that the district or the community or	64328
technical college it operates deposits amounts for the payment of	64329
those bond service charges with the primary paying agent or fiscal	64330
agent for the obligations prior to the date on which the bond	64331
service charges are due to the owners or holders of the	64332
obligations.	64333

(D) Whenever a district or the community or technical college	64334
it operates notifies the chancellor that it will not be able to	64335
pay the bond service charges when they are due, subject to the	64336
withholding provisions of this section, or whenever the applicable	64337
paying agent or fiscal agent notifies the chancellor that it has	64338
not timely received from a district or from the college it	64339
operates the full amount needed for payment of the bond service	64340
charges when due to the holders or owners of such obligations, the	64341
chancellor shall immediately contact the district or college and	64342
the paying agent or fiscal agent to confirm that the district and	64343
the college are not able to make the required payment by the date	64344
on which it is due.	64345

If the chancellor confirms that the district and the college	64346
are not able to make the payment and the payment will not be made	64347
pursuant to a credit enhancement facility, the chancellor shall	64348
promptly pay to the applicable primary paying agent or fiscal	64349
agent the lesser of the amount due for bond service charges or the	64350
amount of the next periodic distribution scheduled to be made to	64351
the district or to the college in respect of its allocated state	64352
share of instruction. If this amount is insufficient to pay the	64353
total amount then due the agent for the payment of bond service	64354
charges, the chancellor shall continue to pay to the agent from	64355
each periodic distribution thereafter, and until the full amount	64356
due the agent for unpaid bond service charges is paid in full, the	64357
lesser of the remaining amount due the agent for bond service	64358
charges or the amount of the next periodic distribution scheduled	64359
to be made to the district or college in respect of its allocated	64360
state share of instruction.	64361

(E) The chancellor may make any payments under this section	64362
by direct deposit of funds by electronic transfer.	64363

Any amount received by a paying agent or fiscal agent under	64364
this section shall be applied only to the payment of bond service	64365
charges on the obligations of the community or technical college	64366
district or community or technical college subject to this section	64367
or to the reimbursement of the provider of a credit enhancement	64368
facility that has paid the bond service charges.	64369

(F) The chancellor may make payments under this section to	64370
paying agents or fiscal agents during any fiscal biennium of the	64371
state only from and to the extent that money is appropriated to	64372
the board of regents by the general assembly for distribution	64373
during such biennium for the state share of instruction and only	64374
to the extent that a portion of the state share of instruction has	64375
been allocated to the community or technical college district or	64376
community or technical college. Obligations of the issuing	64377
authority or of a community or technical college district to which	64378
this section is made applicable do not constitute an obligation or	64379
a debt or a pledge of the faith, credit, or taxing power of the	64380
state, and the holders or owners of those obligations have no	64381
right to have excises or taxes levied or appropriations made by	64382
the general assembly for the payment of bond service charges on	64383
the obligations, and the obligations shall contain a statement to	64384
that effect. The agreement for or the actual withholding and	64385
payment of money under this section does not constitute the	64386
assumption by the state of any debt of a community or technical	64387
college district or a community or technical college, and bond	64388
service charges on the related obligations are not anticipated to	64389
be paid from the state general revenue fund for purposes of	64390
Section 17 of Article VIII, Ohio Constitution.	64391

(G) In the case of obligations subject to the withholding	64392
provisions of this section, the issuing community or technical	64393
college district, or the issuing authority in the case of	64394
obligations issued by the issuing authority, shall appoint a	64395
paying agent or fiscal agent who is not an officer or employee of	64396
the district or college.	64397

(H) The chancellor, with the advice and consent of the office	64398
of budget and management, may adopt reasonable rules not	64399
inconsistent with this section for the implementation of this	64400
section to secure payment of bond service charges on obligations	64401
issued by a community or technical college district or by the	64402
issuing authority for the benefit of a community or technical	64403
college district or the community or technical college it	64404
operates. Those rules shall include criteria for the evaluation	64405
and approval or denial of community or technical college district	64406
requests for withholding under this section.	64407

(I) The authority granted by this section is in addition to	64408
and not a limitation on any other authorizations granted by or	64409
pursuant to law for the same or similar purposes.	64410

Sec. 3333.613. There is hereby created in the state treasury	64411
the choose Ohio first scholarship reserve fund. Not later than the	64412
first day of July of each fiscal year, the chancellor of the Ohio	64413
board of regents shall certify to the director of budget and	64414
management the unencumbered balance of the general revenue fund	64415
appropriations made in the immediately preceding fiscal year for	64416
purposes of the choose Ohio first scholarship program created in	64417
section 3333.61 of the Revised Code. Upon receipt of the	64418
certification, the director may transfer an amount not exceeding	64419
the certified amount from the general revenue fund to the choose	64420
Ohio first scholarship reserve fund. Moneys in the choose Ohio	64421
first scholarship reserve fund shall be used to pay scholarship	64422
obligations in excess of the general revenue fund appropriations	64423
made for that purpose.	64424

The director may transfer any unencumbered balance from the	64425
choose Ohio first scholarship reserve fund to the general revenue	64426
fund.	64427

Sec. 3333.73. The chancellor of the Ohio board of regents	64428
shall establish a competitive process for making awards under the	64429
Ohio co-op/internship program. The chancellor, on completion of	64430
that process, shall make a recommendation to the controlling board	64431
asking for approval of each award selected by the chancellor.	64432

The state institution of higher education shall submit a	64433
proposal and other documentation required by the chancellor, in	64434
the form and manner prescribed by the chancellor, for each award	64435
it seeks. A proposal may propose an initiative to be implemented	64436
solely by the state institution of higher education or in	64437
collaboration with other state institutions of higher education or	64438
nonpublic Ohio universities or colleges.	64439

The chancellor shall determine which proposals will receive	64440
awards each fiscal year, and the amount of each award, on the	64441
basis of the merit of each proposal, which the chancellor, subject	64442
to approval by the controlling board, shall determine based on one	64443
or more of the following criteria:	64444

(A) The extent to which the proposal will keep Ohio students	64445
in Ohio institutions of higher education;	64446

(B) The extent to which the proposal will attract Ohio	64447
residents who left Ohio to attend out-of-state institutions of	64448
higher education to return to Ohio institutions of higher	64449
education;	64450

(C) The extent to which the proposal will increase the number	64451
of Ohio graduates who remain in Ohio and enter Ohio's workforce;	64452

(D) The quality of the program that is the subject of the	64453
proposal and the extent to which additional resources will enhance	64454
its quality;	64455

(E) The extent to which the proposal is integrated with the	64456
strengths of the regional economy;	64457

(F) The extent to which the proposal ~~is aligned with the~~	64458
~~report submitted by the chancellor pursuant to Section 4 of Sub.~~	64459
~~H.B. 2 of the 127th general assembly, as amended~~supports the	64460
workforce policies of the governor's office of workforce	64461
transformation to meet the workforce needs of the state and to	64462
provide a student participating in the program with the skills	64463
needed for workplace success;	64464

(G) The extent to which the proposal facilitates the	64465
development of high quality academic programs with a cooperative	64466
education program or a significant internship program at state	64467
institutions of higher education;	64468

(H) The extent to which the proposal is integrated with	64469
supporting private companies to fill potential job growth, is	64470
responsive to the needs of employers, aligns with the skills	64471
identified by employers as necessary to fill high-demand job	64472
openings, particularly job openings in targeted industry sectors	64473
as identified by the governor's office of workforce	64474
transformation;	64475

(I) The amount of other institutional, public, or private	64476
resources, whether monetary or nonmonetary, the proposal pledges	64477
to leverage that are in addition to the monetary cost-sharing	64478
requirement prescribed in section 3333.74 of the Revised Code;	64479

(J) The extent to which the proposal is collaborative with	64480
other Ohio institutions of higher education;	64481

(K) The extent to which the proposal is integrated with the	64482
institution's mission;	64483

(L) The extent to which the proposal meets a statewide	64484
educational need at the undergraduate or graduate level;	64485

(M) The demonstrated productivity or future capacity of the	64486
students to be recruited;	64487

(N) The extent to which the proposal will create additional	64488
capacity in a high quality academic program with a cooperative	64489
education program or significant internship program;	64490

(O) The extent to which the proposal will encourage students	64491
who received degrees from two-year institutions to pursue	64492
baccalaureate degrees;	64493

(P) The extent to which the proposal facilitates the	64494
completion of a baccalaureate degree in a cost-effective manner;	64495

(Q) The extent to which other institutional, public, or	64496
private resources that are pledged to the proposal, in addition to	64497
the monetary cost-sharing requirement prescribed in section	64498
3333.74 of the Revised Code, will be deployed to assist in	64499
sustaining the academic program of excellence;	64500

(R) The extent to which the proposal increases the likelihood	64501
that students will successfully complete their degree programs or	64502
certificate programs;	64503

(S) The extent to which the proposal ensures that a student	64504
participating in the high quality academic program funded by the	64505
Ohio co-op/internship program is appropriately qualified and	64506
prepared to successfully transition into professions in Ohio's	64507
growing companies and industries.	64508

Sec. 3333.81. As used in sections 3333.81 to 3333.88 of the	64509
Revised Code:	64510

(A) "Clearinghouse" means the clearinghouse established under	64511
section 3333.82 of the Revised Code.	64512

(B) "Community school" means a community school established	64513
under Chapter 3314. of the Revised Code.	64514

(C) "Common statewide platform" means a software program that	64515
facilitates the delivery of courses via computers from multiple	64516
course providers to multiple end users, tracks the progress of the	64517
end user, and includes an integrated searchable database of	64518
standards-based course content.	64519

(D) "Course provider" means a school district, community	64520
school, STEM school, state institution of higher education,	64521
private college or university, or nonprofit or for-profit private	64522
entity that creates or is an agent of the creator of original	64523
course content for a course offered through the clearinghouse.	64524

(E) "Instructor" means an individual who holds a license	64525
issued by the state board of education, as defined in section	64526
3319.31 of the Revised Code, or an individual employed as an	64527
instructor or professor by a state institution of higher education	64528
or a private college or university.	64529

(F) "State institution of higher education" has the same	64530
meaning as in section 3345.011 of the Revised Code.	64531

(G) "STEM school" means a science, technology, engineering,	64532
and mathematics school established under Chapter 3326. of the	64533
Revised Code.	64534

(H) A "student's community school" means the community school	64535
in which the student is enrolled instead of being enrolled in a	64536
school operated by a school district.	64537

(I) A "student's school district" means the school district	64538
operating the school in which the student is lawfully enrolled.	64539

(J) "A "student's STEM school" means the STEM school in which	64540
the student is enrolled instead of being enrolled in a school	64541
operated by a school district.	64542

(K) "School district" means a city, exempted village, local,	64543
or joint vocational school district.	64544

(L) "Digital texts" has the same meaning as defined in	64545
section 3317.06 of the Revised Code.	64546

Sec. 3333.82. (A) The chancellor of the Ohio board of	64547
regents shall establish a clearinghouse of digital texts,	64548
interactive distance learning courses, and other distance learning	64549
courses delivered via a computer-based method offered by school	64550
districts, community schools, STEM schools, state institutions of	64551
higher education, private colleges and universities, and other	64552
nonprofit and for-profit course providers for sharing with other	64553
school districts, community schools, STEM schools, state	64554
institutions of higher education, private colleges and	64555
universities, and individuals for the fee set pursuant to section	64556
3333.84 of the Revised Code. The chancellor shall not be	64557
responsible for the content of digital texts or courses offered	64558
through the clearinghouse; however, all such digital texts and	64559
courses shall be delivered only in accordance with technical	64560
specifications approved by the chancellor and on a common	64561
statewide platform administered by the chancellor. The chancellor	64562
may provide professional development and training on the use of	64563
the distance learning clearinghouse.	64564

The clearinghouse's distance learning program for students in	64565
grades kindergarten to twelve shall be based on the following	64566
principles:	64567

(1) All Ohio students shall have access to high quality	64568
digital texts and distance learning courses at any point in their	64569
educational careers.	64570

(2) All students shall be able to customize their education	64571
using digital texts and distance learning courses offered through	64572
the clearinghouse and no student shall be denied access to any	64573
digital text or course in the clearinghouse in which the student	64574
is eligible to enroll.	64575

(3) Students may take distance learning courses for all or	64576
any portion of their curriculum requirements and may utilize a	64577
combination of digital texts and distance learning courses and	64578
courses taught in a traditional classroom setting.	64579

(4) Students may earn an unlimited number of academic credits	64580
through distance learning courses.	64581

(5) Students may take distance learning courses at any time	64582
of the calendar year.	64583

(6) Student advancement to higher coursework shall be based	64584
on a demonstration of subject area competency instead of	64585
completion of any particular number of hours of instruction.	64586

(B) To offer digital texts or a course through the	64587
clearinghouse, a ~~course~~ provider shall apply to the chancellor in	64588
a form and manner prescribed by the chancellor. The application	64589
for each digital text or course shall describe the digital text or	64590
course of study in as much detail as required by the chancellor,	64591
whether an instructor is provided, the qualification and	64592
credentials of the instructor, the number of hours of instruction,	64593
and any other information required by the chancellor. The	64594
chancellor may require course providers to include in their	64595
applications information recommended by the state board of	64596
education under former section 3353.30 of the Revised Code.	64597

(C) The chancellor shall review the technical specifications	64598
of each application submitted under division (B) of this section.	64599
In reviewing applications, the chancellor may consult with the	64600
department of education; however, the responsibility to either	64601
approve or not approve a digital text or course for the	64602
clearinghouse belongs to the chancellor. The chancellor may	64603
request additional information from a ~~course~~ provider that submits	64604
an application under division (B) of this section, if the	64605
chancellor determines that such information is necessary. The	64606
chancellor may negotiate changes in the proposal to offer a	64607
digital text or course, if the chancellor determines that changes	64608
are necessary in order to approve the digital text or course.	64609

(D) The chancellor shall catalog each digital text or course	64610
approved for the clearinghouse, through a print or electronic	64611
medium, displaying the following:	64612

(1) Information necessary for a student and the student's	64613
parent, guardian, or custodian and the student's school district,	64614
community school, STEM school, college, or university to decide	64615
whether to enroll in or subscribe to the course;	64616

(2) Instructions for enrolling in that digital text or	64617
course, including deadlines for enrollment.	64618

(E) Any expenses related to the installation of a course into	64619
the common statewide platform shall be borne by the course	64620
provider.	64621

(F) ~~The eTech Ohio commission, in consultation with the~~	64622
~~chancellor and the state board~~, shall distribute information to	64623
students and parents describing the clearinghouse. The information	64624
shall be provided in an easily understandable formatThe	64625
chancellor may contract with an entity to perform any or all of	64626
the chancellor's duties under sections 3333.81 to 3333.88 of the	64627
Revised Code.	64628

Sec. 3333.84. (A) The fee charged for any digital texts or	64629
course offered through the clearinghouse shall be set by the	64630
~~course~~ provider.	64631

(B) The chancellor of the Ohio board of regents shall	64632
prescribe the manner in which the fee for a digital texts or	64633
course shall be collected or deducted from the school district,	64634
school, college or university, or individual subscribing to the	64635
digital texts or course and in which manner the fee shall be paid	64636
to the ~~course~~ provider.	64637

(C) The chancellor may retain a percentage of the fee charged	64638
for a digital texts or course to offset the cost of maintaining	64639
and operating the clearinghouse, including the payment of	64640
compensation for an entity or a private entity that is under	64641
contract with the chancellor under division (F) of section 3333.82	64642
of the Revised Code. The percentage retained shall be determined	64643
by the chancellor.	64644

(D) Nothing in this section shall be construed to require the	64645
school district, community school, or STEM school in which a	64646
student is enrolled to pay the fee charged for a digital texts or	64647
course taken by the student.	64648

Sec. 3335.35. There is hereby created the ~~"Ohio cooperative~~	64649
OSU extension ~~service~~ fund," which shall be under the custody and	64650
control of the board of trustees of the Ohio state university and	64651
shall consist of all moneys appropriated, given, granted, or	64652
bequeathed to the university for the use of ~~the Ohio cooperative~~	64653
OSU extension ~~service~~ by the United States, this state, any	64654
political subdivision of this state, or any person. The board	64655
shall have responsibility for expenditure of all moneys in the	64656
fund in accordance with state and federal law and memoranda of	64657
agreement between the university and the United States department	64658
of agriculture.	64659

Sec. 3335.36. The board of trustees of the Ohio state	64660
university may employ such employees as it considers appropriate	64661
for the conduct of educational programs of ~~the Ohio cooperative~~	64662
OSU extension ~~service~~ and may provide for the payment from the	64663
~~Ohio cooperative~~OSU extension ~~service~~ fund created by section	64664
3335.35 of the Revised Code of reasonable compensation to such	64665
employees and of reasonable expenses incurred by them in the	64666
discharge of their duties, including expenses of travel and of	64667
maintaining, equipping, and supplying their offices.	64668

The employees shall cooperate with the department of	64669
agriculture, the Ohio agricultural research and development	64670
center, the department of education, and the United States	64671
department of agriculture, for the purpose of making available the	64672
educational materials of ~~the~~OSU extension ~~service~~. ~~Such~~The	64673
employees shall represent the university and shall conduct	64674
educational activities related to agriculture, natural resources,	64675
~~home economics~~community development, family ~~living~~and consumer	64676
sciences, and 4-H programs for the citizens of this state through	64677
personal instruction, bulletins, practical demonstrations, mass	64678
media, and otherwise, subject to such rules as may be prescribed	64679
by the board of trustees of the university. ~~Such~~The employees	64680
shall have offices provided by the county or other political	64681
subdivision in which they serve in which bulletins and other	64682
educational materials of value to the people may be consulted and	64683
through which the employees may be reached.	64684

The board of trustees of the Ohio state university may hire	64685
or use employees of ~~the Ohio cooperative~~OSU extension ~~service~~ to	64686
carry out the functions and duties of a director of economic	64687
development under division (B) of section 307.07 of the Revised	64688
Code pursuant to any agreement with a county under division (A)(2)	64689
of section 307.07 of the Revised Code.	64690

Sec. 3335.37. The board of county commissioners of any	64691
county may levy a tax, within the limitations prescribed by law,	64692
and appropriate money from the proceeds thereof or from the	64693
general fund of the county to be paid to the Ohio state university	64694
to the credit of the ~~Ohio cooperative~~OSU extension ~~service~~ fund	64695
created by section 3335.35 of the Revised Code and expended for	64696
the purposes prescribed in section 3335.36 of the Revised Code for	64697
the benefit of the citizens of ~~such~~that county. Any money paid	64698
into the fund under this section that aggregates more than ten per	64699
cent of the county appropriation in the preceding year and that	64700
remains unexpended for two years from the time of ~~such~~the payment	64701
shall be returned to the county from which it came unless the	64702
board of county commissioners determines by resolution to	64703
contribute it to ~~the Ohio cooperative~~OSU extension ~~service~~ for	64704
general purposes.	64705

Sec. 3335.38. The board of trustees of the Ohio state	64706
university shall establish a farm financial management institute	64707
in ~~the Ohio cooperative~~OSU extension ~~service~~ to train interested	64708
and qualified persons to assist farmers needing help with farm	64709
financial management problems.	64710

Participation shall be open to all interested persons, but	64711
the following persons shall be given priority as to enrollment:	64712
employees or representatives of banks and other farm credit	64713
agencies, agricultural teachers, and faculty and employees of the	64714
Ohio state university and ~~the Ohio cooperative~~OSU extension	64715
~~service~~ who agree to assist Ohio farmers in completing and	64716
understanding the coordinated financial statement and other	64717
subjects. A fee may be charged participants, as determined by ~~the~~	64718
OSU extension ~~service~~, but may be waived for those participants	64719
granted priority status at enrollment.	64720

~~Sec. 3304.23.~~ Sec. 3335.60. (A) There is hereby created in the	64721
~~rehabilitation services commission~~Ohio state university college	64722
of medicine a brain injury program consisting of a program	64723
director and at least one support staff person.	64724

(B) To the extent that funds are available, the brain injury	64725
program may do the following:	64726

(1) Identify existing services in this state to assist	64727
survivors and families of survivors of brain injury;	64728

(2) Promote the coordination of services for survivors and	64729
families of survivors of brain injury;	64730

(3) Explore options for delivery of services to survivors and	64731
families of survivors of brain injury;	64732

(4) Explore the establishment of a traumatic brain injury	64733
incidence reporting system to collect information on the incidence	64734
and character of traumatic brain injury in this state;	64735

(5) Promote practices that will reduce the incidence of brain	64736
injury;	64737

(6) Develop training programs on dealing with brain injury	64738
and the special needs of survivors of brain injury;	64739

(7) Identify sources of available funds for services for	64740
survivors and families of survivors of brain injury;	64741

(8) Explore options for the delivery of case management	64742
services to residents of this state who are survivors of brain	64743
injury;	64744

(9) Provide assistance to assure that services for survivors	64745
and families of survivors of brain injury are all of the	64746
following:	64747

(a) Designed to enhance the survivor's ability to lead an	64748
independent and productive life;	64749

(b) Available within close proximity of the survivor's home;

64750

64751

(d) Appropriate to the unique needs of the survivor.

64752

(C) The staff of the brain injury program shall prepare a	64753
biennial report on the incidence of brain injury in this state	64754
~~that~~. The report shall be ~~submitted to the administrator of the~~	64755
~~rehabilitation services commission on or before December 15, 1992,~~	64756
completed not later than two years after the effective date of	64757
this amendment and every two years thereafter~~. A copy of the~~	64758
~~report shall be~~and submitted to the brain injury advisory	64759
committee created under section ~~3304.231~~3335.61 of the Revised	64760
Code.	64761

~~Sec. 3304.231.~~ Sec. 3335.61. There is hereby created a brain	64762
injury advisory committee, which shall advise the ~~administrator of~~	64763
~~the rehabilitation services commission and the~~ brain injury	64764
program with regard to unmet needs of survivors of brain injury,	64765
development of programs for survivors and their families,	64766
establishment of training programs for health care professionals,	64767
and any other matter within the province of the brain injury	64768
program. The committee shall consist of not fewer than ~~twenty~~	64769
nineteen and not more than ~~twenty-two~~twenty-one members as	64770
follows:	64771

(A) Not fewer than ten and not more than twelve members	64772
appointed by the ~~administrator of the rehabilitation services~~	64773
~~commission~~dean of the college of medicine of the Ohio state	64774
university, including all of the following: a survivor of brain	64775
injury, a relative of a survivor of brain injury, a licensed	64776
physician recommended by the Ohio chapter of the American college	64777
of emergency physicians, a licensed physician recommended by the	64778
Ohio state medical association, one other health care	64779
professional, a rehabilitation professional, an individual who	64780
represents the brain injury association of Ohio, and not fewer	64781
than three nor more than five individuals who shall represent the	64782
public;	64783

(B) The directors of the departments of health, ~~alcohol and~~	64784
~~drug addiction services~~mental health and drug addiction services,	64785
developmental disabilities, ~~mental health, job and family~~	64786
~~services,~~ aging, and public safety; the medicaid director; the	64787
administrator of workers' compensation; the superintendent of	64788
public instruction; and the ~~administrator~~executive director of	64789
the ~~rehabilitation services commission~~opportunities for Ohioans	64790
with disabilities agency. Any of the officials specified in this	64791
division may designate an individual to serve in the official's	64792
place as a member of the committee.	64793

Terms of office of the appointed members shall be two years.	64794
Members may be reappointed. Vacancies shall be filled in the	64795
manner provided for original appointments. Any member appointed to	64796
fill a vacancy occurring prior to the expiration date of the term	64797
for which the member's predecessor was appointed shall hold office	64798
as a member for the remainder of that term.	64799

Members of the committee shall serve without compensation,	64800
but shall be reimbursed for actual and necessary expenses incurred	64801
in the performance of their duties.	64802

Sec. 3337.16. (A) The president of Ohio university may	64803
create an advisory committee to do both of the following:	64804

(1) Review the comprehensive land use plans and any updates	64805
of those land use plans prepared by Ohio university for the	64806
property conveyed to the university in Sub. H.B. 576 of the 117th	64807
general assembly;	64808

(2) Comment on and periodically review the progress on the	64809
implementation of the comprehensive land use plans described in	64810
division (A)(1) of this section.	64811

(B) The advisory committee created under division (A) of this	64812
section shall consist of the following members:	64813

(1) The president of Ohio university or the president's	64814
designee, who shall serve as chairperson of the advisory	64815
committee;	64816

(2) The mayor of the city of Athens or the mayor's designee;

64817

(3) The following members appointed by the president of Ohio	64818
university:	64819

(a) One Athens county commissioner;

64820

(b) One to three individuals who reside in Athens county and	64821
have special knowledge and experience in land use planning,	64822
preservation, or economic development.	64823

Vacancies on the committee shall be filled in the same manner	64824
as the original appointments.	64825

Sec. 3345.05. (A) All registration fees, nonresident tuition	64826
fees, academic fees for the support of off-campus instruction,	64827
laboratory and course fees when so assessed and collected, student	64828
health fees for the support of a student health service, all other	64829
fees, deposits, charges, receipts, and income from all or part of	64830
the students, all subsidy or other payments from state	64831
appropriations, and all other fees, deposits, charges, receipts,	64832
income, and revenue received by each state institution of higher	64833
education, the Ohio state university hospitals and their ancillary	64834
facilities, the Ohio agricultural research and development center,	64835
and ~~the Ohio state university cooperative~~OSU extension ~~service~~	64836
shall be held and administered by the respective boards of	64837
trustees of the state institution of higher education; provided,	64838
that such fees, deposits, charges, receipts, income and revenue,	64839
to the extent required by resolutions, trust agreements,	64840
indentures, leases, and agreements adopted, made, or entered into	64841
under Chapter 154. or section 3345.07, 3345.11, or 3345.12 of the	64842
Revised Code, shall be held, administered, transferred, and	64843
applied in accordance therewith.	64844

(B) The Ohio board of regents shall require annual reporting	64845
by the Ohio agricultural research and development center and by	64846
each university and college receiving state aid in such form and	64847
detail as determined by the board in consultation with such	64848
center, universities and colleges, and the director of budget and	64849
management.	64850

(C) Notwithstanding any provision of the Revised Code to the	64851
contrary, the title to investments made by the board of trustees	64852
of a state institution of higher education with funds derived from	64853
any of the sources described in division (A) of this section shall	64854
not be vested in the state or the political subdivision but shall	64855
be held in trust by the board. Such investments shall be made	64856
pursuant to an investment policy adopted by the board in public	64857
session that requires all fiduciaries to discharge their duties	64858
with the care, skill, prudence, and diligence under the	64859
circumstances then prevailing that a prudent person acting in like	64860
capacity and familiar with such matters would use in the conduct	64861
of an enterprise of a like character and with like aims. The	64862
policy also shall require at least the following:	64863

(1) A stipulation that investment of at least twenty-five per	64864
cent of the average amount of the investment portfolio over the	64865
course of the previous fiscal year be invested in securities of	64866
the United States government or of its agencies or	64867
instrumentalities, the treasurer of state's pooled investment	64868
program, obligations of this state or any political subdivision of	64869
this state, certificates of deposit of any national bank located	64870
in this state, written repurchase agreements with any eligible	64871
Ohio financial institution that is a member of the federal reserve	64872
system or federal home loan bank, money market funds, or bankers	64873
acceptances maturing in two hundred seventy days or less which are	64874
eligible for purchase by the federal reserve system, as a reserve;	64875

(2) Eligible funds above those that meet the conditions of	64876
division (C)(1) of this section may be pooled with other	64877
institutional funds and invested in accordance with section	64878
1715.52 of the Revised Code.	64879

(3) The establishment of an investment committee.

64880

(D) The investment committee established under division	64881
(C)(3) of this section shall meet at least quarterly. The	64882
committee shall review and recommend revisions to the board's	64883
investment policy and shall advise the board on its investments	64884
made under division (C) of this section in an effort to assist it	64885
in meeting its obligations as a fiduciary as described in division	64886
(C) of this section. The committee shall be authorized to retain	64887
the services of an investment advisor who meets both of the	64888
following qualifications:	64889

(1) The advisor is either:

64890

(a) Licensed by the division of securities under section	64891
1707.141 of the Revised Code;	64892

(b) Registered with the securities and exchange commission.

64893

(2) The advisor either:

64894

(a) Has experience in the management of investments of public	64895
funds, especially in the investment of state-government investment	64896
portfolios;	64897

(b) Is an eligible institution referenced in section 135.03	64898
of the Revised Code.	64899

(E) As used in this section, "state institution of higher	64900
education" means a state institution of higher education as	64901
defined in section 3345.011 of the Revised Code.	64902

Sec. 3345.06. (A) Subject to divisions (B) and (C) of this	64903
section, a graduate of the twelfth grade shall be entitled to	64904
admission without examination to any college or university which	64905
is supported wholly or in part by the state, but for unconditional	64906
admission may be required to complete such units not included in	64907
the graduate's high school course as may be prescribed, not less	64908
than two years prior to the graduate's entrance, by the faculty of	64909
the institution.	64910

(B) Beginning with the 2014-2015 academic year, each state	64911
university listed in section 3345.011 of the Revised Code, except	64912
for Central state university, Shawnee state university, and	64913
Youngstown state university, shall permit a resident of this state	64914
who entered ninth grade for the first time on or after July 1,	64915
2010, to begin undergraduate coursework at the university only if	64916
the person has successfully completed the Ohio core curriculum for	64917
high school graduation prescribed in division (C) of section	64918
3313.603 of the Revised Code, unless one of the following applies:	64919

(1) The person has earned at least ten semester hours, or the	64920
equivalent, at a community college, state community college,	64921
university branch, technical college, or another post-secondary	64922
institution except a state university to which division (B) of	64923
this section applies, in courses that are college-credit-bearing	64924
and may be applied toward the requirements for a degree. The	64925
university shall grant credit for successful completion of those	64926
courses pursuant to any applicable articulation and transfer	64927
policy of the Ohio board of regents or any agreements the	64928
university has entered into in accordance with policies and	64929
procedures adopted under section 3333.16, 3313.161, or 3333.162 of	64930
the Revised Code. The university may count college credit that the	64931
student earned while in high school through the post-secondary	64932
enrollment options program under Chapter 3365. of the Revised	64933
Code, or through other dual enrollment programs, toward the	64934
requirements of division (B)(1) of this section if the credit may	64935
be applied toward a degree.	64936

(2) The person qualified to graduate from high school under	64937
division (D) or (F) of section 3313.603 of the Revised Code and	64938
has successfully completed the topics or courses that the person	64939
lacked to graduate under division (C) of that section at any	64940
post-secondary institution or at a summer program at the state	64941
university. A state university may admit a person for enrollment	64942
contingent upon completion of such topics or courses or summer	64943
program.	64944

(3) The person met the high school graduation requirements by	64945
successfully completing the person's individualized education	64946
program developed under section 3323.08 of the Revised Code.	64947

~~(3)~~(4) The person is receiving or has completed the final	64948
year of instruction at home as authorized under section 3321.04 of	64949
the Revised Code, or has graduated from a nonchartered, nonpublic	64950
school in Ohio, and demonstrates mastery of the academic content	64951
and skills in reading, writing, and mathematics needed to	64952
successfully complete introductory level coursework at an	64953
institution of higher education and to avoid remedial coursework.	64954

~~(4)~~(5) The person is a high school student participating in	64955
the post-secondary enrollment options program under Chapter 3365.	64956
of the Revised Code or another dual enrollment program.	64957

(C) A state university subject to division (B) of this	64958
section may delay admission for or admit conditionally an	64959
undergraduate student who has successfully completed the Ohio core	64960
curriculum if the university determines the student requires	64961
academic remedial or developmental coursework. The university may	64962
delay admission pending, or make admission conditional upon, the	64963
student's successful completion of the academic remedial or	64964
developmental coursework at a university branch, community	64965
college, state community college, or technical college.	64966

(D) This section does not deny the right of a college of law,	64967
medicine, or other specialized education to require college	64968
training for admission, or the right of a department of music or	64969
other art to require particular preliminary training or talent.	64970

Sec. 3345.12. (A) As used in this section and sections	64971
3345.07 and 3345.11 of the Revised Code, in other sections of the	64972
Revised Code that make reference to this section unless the	64973
context does not permit, and in related bond proceedings unless	64974
otherwise expressly provided:	64975

(1) "State university or college" means each of the state	64976
universities identified in section 3345.011 of the Revised Code	64977
and the northeast Ohio medical university, and includes its board	64978
of trustees.	64979

(2) "Institution of higher education" or "institution" means	64980
a state university or college, or a community college district,	64981
technical college district, university branch district, or state	64982
community college, and includes the applicable board of trustees	64983
or, in the case of a university branch district, any other	64984
managing authority.	64985

(3) "Housing and dining facilities" means buildings,	64986
structures, and other improvements, and equipment, real estate,	64987
and interests in real estate therefor, to be used for or in	64988
connection with dormitories or other living quarters and	64989
accommodations, or related dining halls or other food service and	64990
preparation facilities, for students, members of the faculty,	64991
officers, or employees of the institution of higher education, and	64992
their spouses and families.	64993

(4) "Auxiliary facilities" means buildings, structures, and	64994
other improvements, and equipment, real estate, and interests in	64995
real estate therefor, to be used for or in connection with student	64996
activity or student service facilities, housing and dining	64997
facilities, dining halls, and other food service and preparation	64998
facilities, vehicular parking facilities, bookstores, athletic and	64999
recreational facilities, faculty centers, auditoriums, assembly	65000
and exhibition halls, hospitals, infirmaries and other medical and	65001
health facilities, research, and continuing education facilities.	65002

(5) "Education facilities" means buildings, structures, and	65003
other improvements, and equipment, real estate, and interests in	65004
real estate therefor, to be used for or in connection with,	65005
classrooms or other instructional facilities, libraries,	65006
administrative and office facilities, and other facilities, other	65007
than auxiliary facilities, to be used directly or indirectly for	65008
or in connection with the conduct of the institution of higher	65009
education.	65010

(6) "Facilities" means housing and dining facilities,	65011
auxiliary facilities, or education facilities, and includes any	65012
one, part of, or any combination of such facilities, and further	65013
includes site improvements, utilities, machinery, furnishings, and	65014
any separate or connected buildings, structures, improvements,	65015
sites, open space and green space areas, utilities or equipment to	65016
be used in, or in connection with the operation or maintenance of,	65017
or supplementing or otherwise related to the services or	65018
facilities to be provided by, such facilities.	65019

(7) "Obligations" means bonds or notes or other evidences of	65020
obligation, including interest coupons pertaining thereto,	65021
authorized to be issued under this section or section 3345.07,	65022
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	65023
Code.	65024

(8) "Bond service charges" means principal, including any	65025
mandatory sinking fund or redemption requirements for the	65026
retirement of obligations or assurances, interest, or interest	65027
equivalent and other accreted amounts, and any call premium	65028
required to be paid on obligations or assurances.	65029

(9) "Bond proceedings" means the resolutions, trust	65030
agreement, indenture, and other agreements and credit enhancement	65031
facilities, and amendments and supplements to the foregoing, or	65032
any one or more or combination thereof, authorizing, awarding, or	65033
providing for the terms and conditions applicable to, or providing	65034
for the security or liquidity of, obligations or assurances, and	65035
the provisions contained in those obligations or assurances.	65036

(10) "Costs of facilities" means the costs of acquiring,	65037
constructing, reconstructing, rehabilitating, remodeling,	65038
renovating, enlarging, improving, equipping, or furnishing	65039
facilities, and the financing thereof, including the cost of	65040
clearance and preparation of the site and of any land to be used	65041
in connection with facilities, the cost of any indemnity and	65042
surety bonds and premiums on insurance, all related direct	65043
administrative expenses and allocable portions of direct costs of	65044
the institution of higher education or state agency, cost of	65045
engineering, architectural services, design, plans, specifications	65046
and surveys, estimates of cost, legal fees, fees and expenses of	65047
trustees, depositories, bond registrars, and paying agents for the	65048
obligations, cost of issuance of the obligations and financing	65049
costs and fees and expenses of financial advisers and consultants	65050
in connection therewith, interest on the obligations from the date	65051
thereof to the time when interest is to be covered by available	65052
receipts or other sources other than proceeds of the obligations,	65053
amounts necessary to establish reserves as required by the bond	65054
proceedings, costs of audits, the reimbursements of all moneys	65055
advanced or applied by or borrowed from the institution or others,	65056
from whatever source provided, including any temporary advances	65057
from state appropriations, for the payment of any item or items of	65058
cost of facilities, and all other expenses necessary or incident	65059
to planning or determining feasibility or practicability with	65060
respect to facilities, and such other expenses as may be necessary	65061
or incident to the acquisition, construction, reconstruction,	65062
rehabilitation, remodeling, renovation, enlargement, improvement,	65063
equipment, and furnishing of facilities, the financing thereof and	65064
the placing of them in use and operation, including any one, part	65065
of, or combination of such classes of costs and expenses.	65066

(11) "Available receipts" means all moneys received by the	65067
institution of higher education, including income, revenues, and	65068
receipts from the operation, ownership, or control of facilities	65069
or entrepreneurial projects, grants, gifts, donations, and pledges	65070
and receipts therefrom, receipts from fees and charges, and the	65071
proceeds of the sale of obligations or assurances, including	65072
proceeds of obligations or assurances issued to refund obligations	65073
or assurances previously issued, but excluding any special fee,	65074
and receipts therefrom, charged pursuant to division (D) of	65075
section 154.21 of the Revised Code.	65076

(12) "Credit enhancement facilities" has the meaning given in	65077
division (H) of section 133.01 of the Revised Code.	65078

(13) "Financing costs" has the meaning given in division (K)	65079
of section 133.01 of the Revised Code.	65080

(14) "Interest" or "interest equivalent" has the meaning	65081
given in division (R) of section 133.01 of the Revised Code.	65082

(15) "Assurances" means bonds, notes, or other evidence of	65083
indebtedness, including interest coupons pertaining thereto,	65084
authorized to be issued under section 3345.36 of the Revised Code.	65085

(16) "Entrepreneurial project" has the same meaning as in	65086
section 3345.36 of the Revised Code.	65087

(17) "Costs of entrepreneurial projects" means any costs	65088
related to the establishment or development of entrepreneurial	65089
projects pursuant to a resolution adopted under section 3345.36 of	65090
the Revised Code.	65091

(B) Obligations issued under section 3345.07 or 3345.11 of	65092
the Revised Code by a state university or college shall be	65093
authorized by resolution of its board of trustees. Obligations	65094
issued by any other institution of higher education shall be	65095
authorized by resolution of its board of trustees, or managing	65096
directors in the case of certain university branch districts, as	65097
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code	65098
apply to obligations and assurances. Obligations and assurances	65099
may be issued to pay costs of facilities or entrepreneurial	65100
projects even if the institution anticipates the possibility of a	65101
future state appropriation to pay all or a portion of such costs.	65102

(C) Obligations and assurances shall be secured by a pledge	65103
of and lien on all or such part of the available receipts of the	65104
institution of higher education as it provides for in the bond	65105
proceedings, excluding moneys raised by taxation and state	65106
appropriations except as permitted by section ~~3333.90~~3333.59 of	65107
the Revised Code. Such pledge and lien may be made prior to all	65108
other expenses, claims, or payments, excepting any pledge of such	65109
available receipts previously made to the contrary and except as	65110
provided by any existing restrictions on the use thereof, or such	65111
pledge and lien may be made subordinate to such other expenses,	65112
claims, or payments, as provided in the bond proceedings.	65113
Obligations or assurances may be additionally secured by covenants	65114
of the institution to make, fix, adjust, collect, and apply such	65115
charges, rates, fees, rentals, and other items of available	65116
receipts as will produce pledged available receipts sufficient to	65117
meet bond service charges, reserve, and other requirements	65118
provided for in the bond proceedings. Notwithstanding this and any	65119
other sections of the Revised Code, the holders or owners of the	65120
obligations or assurances shall not be given the right and shall	65121
have no right to have excises or taxes levied by the general	65122
assembly for the payment of bond service charges thereon, and each	65123
such obligation or assurance shall bear on its face a statement to	65124
that effect and to the effect that the right to such payment is	65125
limited to the available receipts and special funds pledged to	65126
such purpose under the bond proceedings.	65127

All pledged available receipts and funds and the proceeds of	65128
obligations or assurances are trust funds and, subject to the	65129
provisions of this section and the applicable bond proceedings,	65130
shall be held, deposited, invested, reinvested, disbursed,	65131
applied, and used to such extent, in such manner, at such times,	65132
and for such purposes, as are provided in the bond proceedings.	65133

(D) The bond proceedings for obligations or assurances shall	65134
provide for the purpose thereof and the principal amount or	65135
maximum principal amount, and provide for or authorize the manner	65136
of determining the principal maturity or maturities, the sale	65137
price including any permitted discount, the interest rate or	65138
rates, which may be a variable rate or rates, or the maximum	65139
interest rate, the date of the obligations or assurances and the	65140
date or dates of payment of interest thereon, their denominations,	65141
the manner of sale thereof, and the establishment within or	65142
without the state of a place or places of payment of bond service	65143
charges. The bond proceedings also shall provide for a pledge of	65144
and lien on available receipts of the institution of higher	65145
education as provided in division (C) of this section, and a	65146
pledge of and lien on such fund or funds provided in the bond	65147
proceedings arising from available receipts, which pledges and	65148
liens may provide for parity with obligations or assurances	65149
theretofore or thereafter issued by the institution. The available	65150
receipts so pledged and thereafter received by the institution and	65151
the funds so pledged are immediately subject to the lien of such	65152
pledge without any physical delivery thereof or further act, and	65153
the lien of any such pledge is valid and binding against all	65154
parties having claims of any kind against the institution,	65155
irrespective of whether such parties have notice thereof, and	65156
shall create a perfected security interest for all purposes of	65157
Chapter 1309. of the Revised Code, without the necessity for	65158
separation or delivery of funds or for the filing or recording of	65159
the bond proceedings by which such pledge is created or any	65160
certificate, statement, or other document with respect thereto;	65161
and the pledge of such available receipts and funds shall be	65162
effective and the money therefrom and thereof may be applied to	65163
the purposes for which pledged without necessity for any act of	65164
appropriation.	65165

(E) The bond proceedings may contain additional provisions	65166
customary or appropriate to the financing or to the obligations or	65167
assurances or to particular obligations and assurances, including:	65168

(1) The acquisition, construction, reconstruction, equipment,	65169
furnishing, improvement, operation, alteration, enlargement,	65170
maintenance, insurance, and repair of facilities or	65171
entrepreneurial projects, and the duties of the institution of	65172
higher education with reference thereto;	65173

(2) The terms of the obligations or assurances, including	65174
provisions for their redemption prior to maturity at the option of	65175
the institution of higher education at such price or prices and	65176
under such terms and conditions as are provided in the bond	65177
proceedings;	65178

(3) Limitations on the purposes to which the proceeds of the	65179
obligations or assurances may be applied;	65180

(4) The rates or rentals or other charges for the use of or	65181
right to use the facilities or entrepreneurial projects financed	65182
by the obligations or assurances, or other properties the revenues	65183
or receipts from which are pledged to the obligations or	65184
assurances, and rules for assuring any applicable use and	65185
occupancy thereof, including limitations upon the right to modify	65186
such rates, rentals, other charges, or regulations;	65187

(5) The use and expenditure of the pledged available receipts	65188
in such manner and to such extent as shall be determined, which	65189
may include provision for the payment of the expenses of	65190
operation, maintenance, and repair of facilities or	65191
entrepreneurial projects so that such expenses, or part thereof,	65192
shall be paid or provided as a charge prior or subsequent to the	65193
payment of bond service charges and any other payments required to	65194
be made by the bond proceedings;	65195

(6) Limitations on the issuance of additional obligations or	65196
assurances;	65197

(7) The terms of any trust agreement or indenture securing	65198
the obligations or assurances or under which the same may be	65199
issued;	65200

(8) The deposit, investment, and application of funds, and	65201
the safeguarding of funds on hand or on deposit without regard to	65202
Chapter 131. or 135. of the Revised Code, and any bank or trust	65203
company or other financial institution that acts as depository of	65204
any moneys under the bond proceedings shall furnish such	65205
indemnifying bonds or pledge such securities as required by the	65206
bond proceedings or otherwise by the institution of higher	65207
education;	65208

(9) The binding effect of any or every provision of the bond	65209
proceedings upon such officer, board, commission, authority,	65210
agency, department, or other person or body as may from time to	65211
time have the authority under law to take such actions as may be	65212
necessary to perform all or any part of the duty required by such	65213
provision;	65214

(10) Any provision that may be made in a trust agreement or	65215
indenture;	65216

(11) Any other or additional agreements with respect to the	65217
facilities of the institution of higher education or its	65218
entrepreneurial projects, their operation, the available receipts	65219
and funds pledged, and insurance of facilities or entrepreneurial	65220
projects and of the institution, its officers and employees.	65221

(F) Such obligations or assurances may have the seal of the	65222
institution of higher education or a facsimile thereof affixed	65223
thereto or printed thereon and shall be executed by such officers	65224
as are designated in the bond proceedings, which execution may be	65225
by facsimile signatures. Any obligations or assurances may be	65226
executed by an officer who, on the date of execution, is the	65227
proper officer although on the date of such obligations or	65228
assurances such person was not the proper officer. In case any	65229
officer whose signature or a facsimile of whose signature appears	65230
on any such obligation or assurance ceases to be such officer	65231
before delivery thereof, such signature or facsimile is	65232
nevertheless valid and sufficient for all purposes as if the	65233
person had remained such officer until such delivery; and in case	65234
the seal of the institution has been changed after a facsimile of	65235
the seal has been imprinted on such obligations or assurances,	65236
such facsimile seal continues to be sufficient as to such	65237
obligations or assurances and obligations or assurances issued in	65238
substitution or exchange therefor.	65239

(G) All such obligations or assurances are negotiable	65240
instruments and securities under Chapter 1308. of the Revised	65241
Code, subject to the provisions of the bond proceedings as to	65242
registration. The obligations or assurances may be issued in	65243
coupon or in registered form, or both. Provision may be made for	65244
the registration of any obligations or assurances with coupons	65245
attached thereto as to principal alone or as to both principal and	65246
interest, their exchange for obligations or assurances so	65247
registered, and for the conversion or reconversion into	65248
obligations or assurances with coupons attached thereto of any	65249
obligations or assurances registered as to both principal and	65250
interest, and for reasonable charges for such registration,	65251
exchange, conversion, and reconversion.	65252

(H) Pending preparation of definitive obligations or	65253
assurances, the institution of higher education may issue interim	65254
receipts or certificates which shall be exchanged for such	65255
definitive obligations or assurances.	65256

(I) Such obligations or assurances may be secured	65257
additionally by a trust agreement or indenture between the	65258
institution of higher education and a corporate trustee, which may	65259
be any trust company or bank having the powers of a trust company	65260
within or without this state but authorized to exercise trust	65261
powers within this state. Any such agreement or indenture may	65262
contain the resolution authorizing the issuance of the obligations	65263
or assurances, any provisions that may be contained in the bond	65264
proceedings as authorized by this section, and other provisions	65265
which are customary or appropriate in an agreement or indenture of	65266
such type, including:	65267

(1) Maintenance of each pledge, trust agreement, and	65268
indenture, or other instrument comprising part of the bond	65269
proceedings until the institution of higher education has fully	65270
paid the bond service charges on the obligations or assurances	65271
secured thereby, or provision therefor has been made;	65272

(2) In the event of default in any payments required to be	65273
made by the bond proceedings, or any other agreement of the	65274
institution of higher education made as a part of the contract	65275
under which the obligations or assurances were issued, enforcement	65276
of such payments or agreement by mandamus, the appointment of a	65277
receiver, suit in equity, action at law, or any combination of the	65278
foregoing;	65279

(3) The rights and remedies of the holders of obligations or	65280
assurances and of the trustee, and provisions for protecting and	65281
enforcing them, including limitations on rights of individual	65282
holders of obligations or assurances;	65283

(4) The replacement of any obligations or assurances that	65284
become mutilated or are destroyed, lost, or stolen;	65285

(5) Such other provisions as the trustee and the institution	65286
of higher education agree upon, including limitations, conditions,	65287
or qualifications relating to any of the foregoing.	65288

(J) Each duty of the institution of higher education and its	65289
officers or employees, undertaken pursuant to the bond proceedings	65290
or any related agreement or lease made under authority of law, is	65291
hereby established as a duty of such institution, and of each such	65292
officer or employee having authority to perform such duty,	65293
specially enjoined by law resulting from an office, trust, or	65294
station within the meaning of section 2731.01 of the Revised Code.	65295
The persons who are at the time the members of the board of	65296
trustees or the managing directors of the institution or its	65297
officers or employees are not liable in their personal capacities	65298
on such obligations or assurances, or lease, or other agreement of	65299
the institution.	65300

(K) The authority to issue obligations or assurances includes	65301
authority to:	65302

(1) Issue obligations or assurances in the form of bond	65303
anticipation notes and to renew them from time to time by the	65304
issuance of new notes. Such notes are payable solely from the	65305
available receipts and funds that may be pledged to the payment of	65306
such bonds, or from the proceeds of such bonds or renewal notes,	65307
or both, as the institution of higher education provides in its	65308
resolution authorizing such notes. Such notes may be additionally	65309
secured by covenants of the institution to the effect that it will	65310
do such or all things necessary for the issuance of such bonds or	65311
renewal notes in appropriate amount, and either exchange such	65312
bonds or renewal notes therefor or apply the proceeds thereof to	65313
the extent necessary, to make full payment of the bond service	65314
charges on such notes at the time or times contemplated, as	65315
provided in such resolution. Subject to the provisions of this	65316
division, all references to obligations or assurances in this	65317
section apply to such anticipation notes.	65318

(2) Issue obligations or assurances to refund, including	65319
funding and retirement of, obligations or assurances previously	65320
issued to pay costs of facilities or entrepreneurial projects.	65321
Such obligations or assurances may be issued in amounts sufficient	65322
for payment of the principal amount of the obligations or	65323
assurances to be so refunded, any redemption premiums thereon,	65324
principal maturities of any obligations or assurances maturing	65325
prior to the redemption of any other obligations or assurances on	65326
a parity therewith to be so refunded, interest accrued or to	65327
accrue to the maturity date or dates of redemption of such	65328
obligations or assurances, and any expenses incurred or to be	65329
incurred in connection with such refunding or the issuance of the	65330
obligations or assurances.	65331

(L) Obligations and assurances are lawful investments for	65332
banks, societies for savings, savings and loan associations,	65333
deposit guarantee associations, trust companies, trustees,	65334
fiduciaries, insurance companies, including domestic for life and	65335
domestic not for life, trustees or other officers having charge of	65336
sinking and bond retirement or other special funds of political	65337
subdivisions and taxing districts of this state, the commissioners	65338
of the sinking fund, the administrator of workers' compensation in	65339
accordance with the investment policy approved by the bureau of	65340
workers' compensation board of directors pursuant to section	65341
4121.12 of the Revised Code, the state teachers retirement system,	65342
the public employees retirement system, the school employees	65343
retirement system, and the Ohio police and fire pension fund,	65344
notwithstanding any other provisions of the Revised Code or rules	65345
adopted pursuant thereto by any state agency with respect to	65346
investments by them, and are also acceptable as security for the	65347
deposit of public moneys.	65348

(M) All facilities or entrepreneurial projects purchased,	65349
acquired, constructed, or owned by an institution of higher	65350
education, or financed in whole or in part by obligations or	65351
assurances issued by an institution, and used for the purposes of	65352
the institution or other publicly owned and controlled college or	65353
university, is public property used exclusively for a public	65354
purpose, and such property and the income therefrom is exempt from	65355
all taxation and assessment within this state, including ad	65356
valorem and excise taxes. The obligations or assurances, the	65357
transfer thereof, and the income therefrom, including any profit	65358
made on the sale thereof, are at all times free from taxation	65359
within the state. The transfer of tangible personal property by	65360
lease under authority of this section or section 3345.07, 3345.11,	65361
3345.36, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	65362
Code is not a sale as used in Chapter 5739. of the Revised Code.	65363

(N) The authority granted by this section is cumulative with	65364
the authority granted to institutions of higher education under	65365
Chapter 154. of the Revised Code, and nothing in this section	65366
impairs or limits the authority granted by Chapter 154. of the	65367
Revised Code. In any lease, agreement, or commitment made by an	65368
institution of higher education under Chapter 154. of the Revised	65369
Code, it may agree to restrict or subordinate any pledge it may	65370
thereafter make under authority of this section.	65371

(O) Title to lands acquired under this section and sections	65372
3345.07 and 3345.11 of the Revised Code by a state university or	65373
college shall be taken in the name of the state.	65374

(P) Except where costs of facilities or entrepreneurial	65375
projects are to be paid in whole or in part from funds	65376
appropriated by the general assembly, section 125.81 of the	65377
Revised Code and the requirement for certification with respect	65378
thereto under section 153.04 of the Revised Code do not apply to	65379
such facilities or entrepreneurial projects.	65380

(Q) A state university or college may sell or lease lands or	65381
interests in land owned by it or by the state for its use, or	65382
facilities authorized to be acquired or constructed by it under	65383
section 3345.07 or 3345.11 of the Revised Code, to permit the	65384
purchasers or lessees thereof to acquire, construct, equip,	65385
furnish, reconstruct, alter, enlarge, remodel, renovate,	65386
rehabilitate, improve, maintain, repair, or maintain and operate	65387
thereon and to provide by lease or otherwise to such institution,	65388
facilities authorized in section 3345.07 or 3345.11 of the Revised	65389
Code or entrepreneurial projects authorized under section 3345.36	65390
of the Revised Code. Such land or interests therein shall be sold	65391
for such appraised value, or leased, and on such terms as the	65392
board of trustees determines. All deeds or other instruments	65393
relating to such sales or leases shall be executed by such officer	65394
of the state university or college as the board of trustees	65395
designates. The state university or college shall hold, invest, or	65396
use the proceeds of such sales or leases for the same purposes for	65397
which proceeds of borrowings may be used under sections 3345.07	65398
and 3345.11 of the Revised Code or, if the proceeds relate to the	65399
sale or lease of entrepreneurial projects, for purposes of section	65400
3345.36 of the Revised Code.	65401

(R) An institution of higher education may pledge available	65402
receipts, to the extent permitted by division (C) of this section	65403
with respect to obligations, to secure the payments to be made by	65404
it under any lease, lease with option to purchase, or	65405
lease-purchase agreement authorized under this section or section	65406
3345.07, 3345.11, 3345.36, 3354.121, 3355.091, 3357.112, or	65407
3358.10 of the Revised Code.	65408

Sec. 3345.48. (A) As used in this section:

65409

(1) "Cohort" means a group of students who will complete	65410
their bachelor's degree requirements and graduate from a state	65411
university at the same time. A cohort may include transfer	65412
students and other selected undergraduate student academic	65413
programs as determined by the board of trustees of a state	65414
university.	65415

(2) "Eligible student" means an undergraduate student who:

65416

(a) Is enrolled full-time in a bachelor's degree program at a	65417
state university;	65418

(b) Is a resident of this state, as defined by the chancellor	65419
of the Ohio board of regents under section 3333.31 of the Revised	65420
Code.	65421

(3) "State university" has the same meaning as in section	65422
3345.011 of the Revised Code.	65423

(B) The board of trustees of a state university may establish	65424
an undergraduate tuition guarantee program that allows eligible	65425
students in the same cohort to pay a fixed rate for general and	65426
instructional fees for four years. A board of trustees may include	65427
room and board and any additional fees in the program.	65428

If the board of trustees chooses to establish such a program,	65429
the board shall adopt rules for the program that include, but are	65430
not limited to, all of the following:	65431

(1) The number of credit hours required to earn an	65432
undergraduate degree in each major;	65433

(2) A guarantee that the general and instructional fees for	65434
each student in the cohort shall remain constant for four years so	65435
long as the student complies with the requirements of the program,	65436
except that, notwithstanding any law to the contrary, the board	65437
may increase the guaranteed amount by up to six per cent above	65438
what has been charged in the previous academic year one time for	65439
the first cohort enrolled under the tuition guarantee program. If	65440
the board of trustees determines that economic conditions or other	65441
circumstances require an increase for the first cohort of above	65442
six per cent, the board shall submit a request to increase the	65443
amount by a specified percentage to the chancellor. The	65444
chancellor, based on information the chancellor requires from the	65445
board of trustees, shall approve or disapprove such a request.	65446
Thereafter, the board of trustees may increase the guaranteed	65447
amount by up to the sum of the following above what has been	65448
charged in the previous academic year one time per subsequent	65449
cohort:	65450

(a) The average rate of inflation, as measured by the	65451
consumer price index prepared by the bureau of labor statistics of	65452
the United States department of labor (all urban consumers, all	65453
items), for the previous sixty-month period; and	65454

(b) The percentage amount the general assembly restrains	65455
increases on in-state undergraduate instructional and general fees	65456
for the applicable fiscal year. If the general assembly does not	65457
enact a limit on the increase of in-state undergraduate	65458
instructional and general fees, then no limit shall apply under	65459
this division for the cohort that first enrolls in any academic	65460
year for which the general assembly does not prescribe a limit.	65461

If, beginning with the academic year that starts four years	65462
after the effective date of this section, the board of trustees	65463
determines that the general and instructional fees charged under	65464
the tuition guarantee have fallen significantly lower than those	65465
of other state universities, the board of trustees may submit a	65466
request to increase the amount charged to a cohort by a specified	65467
percentage to the chancellor, who shall approve or disapprove such	65468
a request.	65469

(3) A benchmark by which the board sets annual increases in	65470
general and instructional fees. This benchmark and any subsequent	65471
change to the benchmark shall be subject to approval of the	65472
chancellor.	65473

(4) Eligibility requirements for students to participate in	65474
the program;	65475

(5) Student rights and privileges under the program;

65476

(6) Consequences to the university for students unable to	65477
complete a degree program within four years, as follows:	65478

(a) For a student who could not complete the program in four	65479
years due to a lack of available classes or space in classes	65480
provided by the university, the university shall provide the	65481
necessary course or courses for completion to the student free of	65482
charge.	65483

(b) For a student who could not complete the program in four	65484
years due to military service or other circumstances beyond a	65485
student's control, as determined by the board of trustees, the	65486
university shall provide the necessary course or courses for	65487
completion to the student at the student's initial cohort rate.	65488

(c) For a student who did not complete the program in four	65489
years for any other reason, as determined by the board of	65490
trustees, the university shall provide the necessary course or	65491
courses for completion to the student at a rate determined through	65492
a method established by the board under division (B)(7) of this	65493
section.	65494

(7) Guidelines for adjusting a student's annual charges if	65495
the student, due to circumstances under the student's control, is	65496
unable to complete a degree program within four years;	65497

(8) A requirement that the rules adopted under division (B)	65498
of this section be published or posted in the university handbook,	65499
course catalog, and web site.	65500

(C) If a board of trustees implements a program under this	65501
section, the board shall submit the rules adopted under division	65502
(B) of this section to the chancellor for approval before	65503
beginning implementation of the program.	65504

The chancellor shall not unreasonably withhold approval of a	65505
program if the program conforms in principle with the parameters	65506
and guidelines of this section.	65507

(D) A board of trustees of a state university may establish	65508
an undergraduate tuition guarantee program for nonresident	65509
students.	65510

(E) Within five years after the effective date of this	65511
section, the chancellor shall publish on the board of regents web	65512
site a report that includes all of the following:	65513

(1) The state universities that have adopted an undergraduate	65514
tuition guarantee program under this section;	65515

(2) The details of each undergraduate tuition guarantee	65516
program established under this section;	65517

(3) Comparative data, including general and instructional	65518
fees, room and board, graduation rates, and retention rates, from	65519
all state universities.	65520

Sec. 3345.81. Not later than June 30, 2014, the board of	65521
trustees of each institution of higher education, as defined by	65522
section 3345.12 of the Revised Code, shall adopt an	65523
institution-specific strategic completion plan designed to	65524
increase the number of degrees and certificates awarded to	65525
students. The plan shall be consistent with the mission and	65526
strategic priorities of the institution, include measureable	65527
student completion goals, and align with the state's workforce	65528
development priorities. Upon adoption by the board of trustees,	65529
each institution of higher education shall provide a copy of its	65530
plan to the chancellor of the Ohio board of regents.	65531

The board of trustees of each institution of higher education	65532
shall update its plan at least once every two years and provide a	65533
copy of their updated plan to the chancellor upon adoption.	65534

Sec. 3350.15. The northeast Ohio medical university may enter	65535
into a partnership with Cleveland state university to establish	65536
the northeast Ohio medical university academic campus at Cleveland	65537
state university, to enable fifty per cent or more of the medical	65538
curriculum taught to students enrolled under this partnership to	65539
be based in Cleveland at Cleveland state university, local	65540
hospitals, and community- and neighborhood-based primary care	65541
clinics. Cleveland state university shall not receive state	65542
capital appropriations to pay for facilities for the academic	65543
campus.	65544

Sec. 3353.01. As used in this chapter:

65545

(A) "Educational television or radio" means television or	65546
radio programs which serve the educational needs of the community	65547
and which meet the requirements of the federal communications	65548
commission for noncommercial educational television or radio.	65549

(B) "Educational telecommunications network" means a system	65550
of connected educational television, radio, or radio reading	65551
service facilities and coordinated programs established and	65552
operated or controlled by the ~~eTech Ohio~~broadcast educational	65553
media commission, pursuant to this chapter.	65554

(C) "Transmission" means the sending out of television,	65555
radio, or radio reading service programs, either directly to the	65556
public, or to broadcasting stations or services for simultaneous	65557
broadcast or rebroadcast.	65558

(D) "Transmission facilities" means structures, equipment,	65559
material, and services used in the transmission of educational	65560
television, radio, or radio reading service programs.	65561

(E) "Interconnection facilities" means the equipment,	65562
material, and services used to link one location to another	65563
location or to several locations by means of telephone line,	65564
coaxial cable, microwave relays, or other available technologies.	65565

(F) "Broadcasting station" means a properly licensed	65566
noncommercial educational television or radio station,	65567
appropriately staffed and equipped to produce programs or lessons	65568
and to broadcast programs.	65569

(G) "Radio reading service" means a nonprofit organization	65570
that disseminates news and other information to blind and	65571
physically handicapped persons.	65572

(H) "Affiliate" means an educational telecommunication	65573
entity, including a television or radio broadcasting station or	65574
radio reading service.	65575

Sec. 3353.02. (A) There is hereby created the ~~eTech Ohio~~	65576
broadcast educational media commission as an independent agency to	65577
advance education and accelerate the learning of the citizens of	65578
this state through ~~technology~~public educational broadcasting	65579
services. The commission shall provide leadership and support in	65580
extending the knowledge of the citizens of this state by promoting	65581
access to and use of ~~all forms of~~ educational ~~technology~~	65582
broadcasting services, including educational television and radio,	65583
and radio reading services~~, broadband networks, videotapes,~~	65584
~~compact discs, digital video on demand (DVD), and the internet~~.	65585
The commission also shall administer programs to provide financial	65586
and other assistance to ~~school districts and other educational~~	65587
~~institutions for the acquisition and utilization of~~ educational	65588
~~technology~~television and radio and radio reading services.	65589

The commission is a body corporate and politic, an agency of	65590
the state performing essential governmental functions of the	65591
state.	65592

(B) The commission shall consist of ~~thirteen~~fifteen members,	65593
~~nine~~eleven of whom shall be voting members. ~~Six~~Nine of the	65594
voting members shall be representatives of the public selected	65595
from among leading citizens in the state who have demonstrated	65596
interest in educational broadcast media through service on boards	65597
or advisory councils of educational television stations,	65598
educational radio stations, educational technology agencies, or	65599
radio reading services. Of the representatives of the public, ~~four~~	65600
three shall be appointed by the governor with the advice and	65601
consent of the senate, ~~one~~three shall be appointed by the speaker	65602
of the house of representatives, and ~~one~~three shall be appointed	65603
by the president of the senate. Not more than two members	65604
appointed by the speaker of the house of representatives and not	65605
more than two members appointed by the president of the senate	65606
shall be of the same political party. The superintendent of public	65607
instruction or a designee of the superintendent,and the	65608
chancellor of the Ohio board of regents or a designee of the	65609
chancellor~~, and the state chief information officer or a designee~~	65610
~~of the officer~~ shall be ex officio voting members. Of the	65611
nonvoting members, two shall be members of the house of	65612
representatives appointed by the speaker of the house of	65613
representatives and two shall be members of the senate appointed	65614
by the president of the senate. The members appointed from each	65615
chamber shall not be members of the same political party.	65616

(C) Initial terms of office for appointed voting members	65617
~~appointed by the governor~~ shall be ~~one year for~~as follows:	65618

(1) For one member~~, two years for one member, three years for~~	65619
~~one member, and four years for one member~~appointed by each of the	65620
governor, speaker of the house of representatives, and president	65621
of the senate, one year;	65622

(2) For one member appointed by each of the governor, speaker	65623
of the house of representatives, and president of the senate, two	65624
years;	65625

(3) For one member appointed by each of the governor, speaker	65626
of the house of representatives, and president of the senate,	65627
three years. At the first meeting of the commission, such members	65628
~~appointed by the governor~~ shall draw lots to determine the length	65629
of the term each member will serve. Thereafter, terms of office	65630
for such members ~~appointed by the governor~~ shall be for four	65631
years. ~~Terms of office for voting members appointed by the speaker~~	65632
~~of the house of representatives and the president of the senate~~	65633
~~shall be for four years.~~ Any member who is a representative of the	65634
public may be reappointed by the member's respective appointing	65635
authority, but no such member may serve more than two consecutive	65636
four-year terms. Such a member may be removed by the member's	65637
respective appointing authority for cause.	65638

Any legislative member appointed by the speaker of the house	65639
of representatives or the president of the senate who ceases to be	65640
a member of the legislative chamber from which the member was	65641
appointed shall cease to be a member of the commission. The	65642
speaker of the house of representatives and the president of the	65643
senate may remove their respective appointments to the commission	65644
at any time.	65645

(D) Vacancies among appointed members shall be filled in the	65646
manner provided for original appointments. Any member appointed to	65647
fill a vacancy occurring prior to the expiration of the term for	65648
which the member's predecessor was appointed shall hold office for	65649
the remainder of that term. Any appointed member shall continue in	65650
office subsequent to the expiration of that member's term until	65651
the member's successor takes office or until a period of sixty	65652
days has elapsed, whichever occurs first.	65653

(E) Members of the commission shall serve without	65654
compensation. The members who are representatives of the public	65655
shall be reimbursed, pursuant to office of budget and management	65656
guidelines, for actual and necessary expenses incurred in the	65657
performance of official duties.	65658

(F) The governor shall appoint the chairperson of the	65659
commission from among the commission's public voting members. The	65660
chairperson shall serve a term of two years and may be	65661
reappointed. The commission shall elect other officers as	65662
necessary from among its voting members and shall prescribe its	65663
rules of procedure.	65664

~~(G) The commission shall establish advisory groups as needed~~	65665
~~to address topics of interest and to provide guidance to the~~	65666
~~commission regarding educational technology issues and the~~	65667
~~technology~~ needs of educators, learners, and the public. Members	65668
of each advisory group shall be appointed by the commission and	65669
shall include representatives of individuals or organizations with	65670
an interest in the topic addressed by the advisory group.	65671

Sec. 3353.03. (A) The ~~eTech Ohio~~broadcast educational media	65672
commission shall appoint an executive director, who shall serve at	65673
the pleasure of the commission. The executive director shall have	65674
no authority other than that provided by law or delegated to the	65675
executive director by the commission. The executive director shall	65676
do all of the following:	65677

(1) Direct ~~commission employees in~~ the administration of all	65678
programs of the commission;	65679

(2) Provide leadership and support in extending the knowledge	65680
of the citizens of this state by promoting equal access to and use	65681
of ~~all forms of~~ educational ~~technology~~broadcast media, as	65682
directed by the commission;	65683

(3) Provide financial and other assistance to ~~school~~	65684
~~districts,~~ educational television and radio stations, radio	65685
reading services, ~~educational technology organizations, and other~~	65686
~~educational institutions for the acquisition and utilization of~~	65687
~~educational technology~~and related organizations and activities;	65688

(4) Implement policies and directives issued by the	65689
commission;	65690

(5) Perform other duties authorized by the commission.

65691

(B) The commission shall fix the compensation of the	65692
executive director. The executive director shall employ and fix	65693
the compensation for such employees as necessary to facilitate the	65694
activities and purposes of the commission. The employees shall	65695
serve at the pleasure of the executive director.	65696

(C) The employees of the commission shall be placed in the	65697
unclassified service.	65698

(D)(1) Except as provided in division (D)(2) of this section,	65699
the employees of the commission shall be exempt from Chapter 4117.	65700
of the Revised Code and shall not be public employees as defined	65701
in section 4117.01 of the Revised Code.	65702

(2) All employees of the commission who transferred to the	65703
commission from one of the commission's predecessor agencies upon	65704
the commission's creation and, when employed by the predecessor	65705
agency were included in a bargaining unit established under	65706
Chapter 4117. of the Revised Code, shall continue to be included	65707
in that bargaining unit, are public employees as defined in	65708
section 4117.01 of the Revised Code, and may collectively bargain	65709
with the commission in accordance with that chapter. Otherwise,	65710
any employee hired by the commission after July 1, 2005, either to	65711
fill vacancies or to fill new positions, shall be exempt from	65712
Chapter 4117. of the Revised Code and shall not be public	65713
employees as defined in section 4117.10 of the Revised Code.	65714

Sec. 3353.04. (A) The ~~eTech Ohio~~broadcast educational media	65715
commission may perform any act necessary to carry out the	65716
functions of this chapter, including any of the following:	65717

(1) ~~Make grants to institutions and other organizations as~~	65718
~~prescribed by the general assembly for the provision of technical~~	65719
~~assistance, professional development, and other support services~~	65720
~~to enable school districts, community schools established under~~	65721
~~Chapter 3314. of the Revised Code, other educational institutions,~~	65722
~~and affiliates to utilize educational technology;~~	65723

~~(2) Establish a reporting system for school districts,~~	65724
~~community schools, other educational institutions, affiliates, and~~	65725
~~educational technology organizations that receive financial~~	65726
~~assistance from the commission. The system may require the~~	65727
~~reporting of information regarding the manner in which the~~	65728
~~assistance was expended, the manner in which the equipment or~~	65729
~~services purchased with the assistance is being utilized, the~~	65730
~~results or outcome of the utilization, the manner in which the~~	65731
~~utilization is compatible with the statewide academic standards~~	65732
~~adopted by the state board of education pursuant to section~~	65733
~~3301.079 of the Revised Code, and any other information determined~~	65734
~~by the commission.~~	65735

~~(3) Ensure that, where appropriate, products produced by any~~	65736
~~entity to which the commission provides financial assistance for~~	65737
~~use in elementary and secondary education are aligned with the~~	65738
~~statewide academic standards adopted by the state board pursuant~~	65739
~~to section 3301.079 of the Revised Code;~~	65740

~~(4)~~ Promote accessibility tothrough broadcasting services of	65741
educational products aligned with the statewide academic	65742
standards, adopted by the state board pursuant to section 3301.079	65743
of the Revised Code, for school districts, community schools, and	65744
other entities serving grades kindergarten through twelve;	65745

~~(5)~~(2) Own or operate transmission facilities and	65746
interconnection facilities, or contract for transmission	65747
facilities and interconnection facilities, for an educational	65748
television, radio, or radio reading service network;	65749

~~(6)~~(3) Establish standards for interconnection facilities	65750
used by the commission in the transmission of educational	65751
television, radio, or radio reading service programming;	65752

~~(7)~~(4) Enter into agreements with noncommercial educational	65753
television or radio broadcasting stations or radio reading	65754
services for the operation of the interconnection;	65755

~~(8)~~(5) Enter into agreements with noncommercial educational	65756
television or radio broadcasting stations or radio reading	65757
services for the production and use of educational television,	65758
radio, or radio reading service programs to be transmitted by the	65759
educational telecommunications network;	65760

~~(9)~~(6) Execute contracts and other agreements necessary and	65761
desirable to carry out the purposes of this chapter and other	65762
duties prescribed to the commission by law or authorize the	65763
executive director of the commission to execute such contracts and	65764
agreements on the commission's behalf;	65765

~~(10)~~(7) Act as consultant with educational television and	65766
educational radio stations and radio reading services toward	65767
coordination within the state of the distribution of federal funds	65768
that may become available for equipment for educational	65769
broadcasting or radio reading services;	65770

~~(11)~~(8) Make payments to noncommercial Ohio educational	65771
television or radio broadcasting stations or radio reading	65772
services to sustain the operation of such stations or services;	65773

~~(12)~~(9) In consultation with participants in programs	65774
administered by the commission, establish guidelines governing	65775
purchasing and procurement that facilitate the timely and	65776
effective implementation of such programs;	65777

~~(13)~~(10) In consultation with participants in programs	65778
administered by the commission, consider the efficiency and cost	65779
savings of statewide procurement prior to allocating and releasing	65780
funds for such programs;	65781

~~(14)~~(11) In consultation with participants in programs	65782
administered by the commission, establish a systems support	65783
network to facilitate the timely implementation of the programs	65784
and other projects and activities for which the commission	65785
provides assistance.	65786

(B) Chapters 123., 124., 125., and 153. of the Revised Code	65787
and sections 9.331 to 9.335 of the Revised Code do not apply to	65788
contracts, programs, projects, or activities of the commission.	65789

Sec. 3353.06. (A) The affiliates services fund is hereby	65790
created in the state treasury. The ~~eTech Ohio~~broadcast	65791
educational media commission shall deposit any money it receives	65792
for services provided to affiliates to the credit of the fund,	65793
including:	65794

(1) Reimbursements for services provided to stations;

65795

(2) Charges levied for maintenance of telecommunications,	65796
broadcasting, or transmission equipment;	65797

(3) Contract or grant payments from affiliates.

65798

(B) The commission shall use money credited to the affiliates	65799
services fund for any commission operating purposes, including:	65800

(1) The purchase, repair, or maintenance of	65801
telecommunications, broadcasting, or transmission equipment;	65802

(2) The purchase or lease of educational programming;

65803

(3) The purchase of tape and digital media storage and	65804
maintenance of a media library;	65805

(4) ~~Professional development programs and services;~~

65806

~~(5)~~ Administrative expenses.

65807

Sec. 3353.07. (A) There is hereby created the Ohio	65808
government telecommunications service. The Ohio government	65809
telecommunications service shall provide the state government and	65810
affiliated organizations with multimedia support including audio,	65811
visual, and internet services, multimedia streaming, and hosting	65812
multimedia programs.	65813

Services relating to the official activities of the general	65814
assembly and the executive offices provided by the Ohio government	65815
telecommunications service shall be funded through grants to a	65816
~~public~~an educational television broadcasting station that will	65817
manage the staff and provide the services of the Ohio government	65818
telecommunications service. The Ohio educational television	65819
stations shall select a member station to manage the Ohio	65820
government telecommunications service. The Ohio government	65821
telecommunications service shall receive grants from, or contract	65822
with, any of the three branches of Ohio government, and their	65823
affiliates, to provide additional services. Services provided by	65824
the Ohio government telecommunications service shall not be used	65825
for political purposes included in campaign materials, or	65826
otherwise used to influence an election, legislation, issue,	65827
judicial decision, or other policy of state government.	65828

(B)(1) There is hereby created the legislative programming	65829
committee of the Ohio government telecommunications service that	65830
shall consist of the president of the senate, speaker of the house	65831
of representatives, minority leader of the senate, and minority	65832
leader of the house of representatives, or their designees, and	65833
the clerks of the senate and house of representatives as	65834
nonvoting, ex officio members. By a vote of a majority of its	65835
members, the program committee may add additional members to the	65836
committee.	65837

(2) The legislative programming committee shall adopt rules	65838
that govern the operation of the Ohio government	65839
telecommunications service relating to the general assembly and	65840
any affiliated organizations.	65841

Sec. 3365.01. As used in this chapter:

65842

(A) "College" means any state-assisted college or university	65843
described in section 3333.041 of the Revised Code, any nonprofit	65844
institution holding a certificate of authorization pursuant to	65845
Chapter 1713. of the Revised Code, any private institution exempt	65846
from regulation under Chapter 3332. of the Revised Code as	65847
prescribed in section 3333.046 of the Revised Code, and any	65848
institution holding a certificate of registration from the state	65849
board of career colleges and schools and program authorization for	65850
an associate or bachelor's degree program issued under section	65851
3332.05 of the Revised Code.	65852

(B) "School district," except as specified in division (G) of	65853
this section, means any school district to which a student is	65854
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	65855
the Revised Code and does not include a joint vocational or	65856
cooperative education school district.	65857

(C) "Parent" has the same meaning as in section 3313.64 of	65858
the Revised Code.	65859

(D) "Participant" means a student enrolled in a college under	65860
the post-secondary enrollment options program established by this	65861
chapter, including a student who has been excused from the	65862
compulsory attendance law for the purpose of home instruction	65863
under section 3321.04 of the Revised Code.	65864

(E) "Secondary grade" means the ninth through twelfth grades.

65865

(F) "School foundation payments" means the amount required to	65866
be paid to a school district for a fiscal year under Chapter 3317.	65867
of the Revised Code.	65868

(G) "Tuition base" means~~, with respect to a participant's~~	65869
~~school district, the sum of~~ the formula amount ~~plus the per pupil~~	65870
~~amount of the base funding supplements~~ specified in ~~divisions~~	65871
~~(C)(1) to (4) of~~ section ~~3317.012~~3317.02 of the Revised Code for	65872
the applicable fiscal year ~~2009~~.	65873

~~The participant's "school district" in the case of a~~	65874
~~participant enrolled in a community school shall be the school~~	65875
~~district in which the student is entitled to attend school under~~	65876
~~section 3313.64 or 3313.65 of the Revised Code.~~	65877

(H) "Educational program" means enrollment in one or more	65878
school districts, in a nonpublic school, or in a college under	65879
division (B) of section 3365.04 of the Revised Code.	65880

(I) "Nonpublic school" means a chartered or nonchartered	65881
school for which minimum standards are prescribed by the state	65882
board of education pursuant to division (D) of section 3301.07 of	65883
the Revised Code.	65884

(J) "School year" means the year beginning on the first day	65885
of July and ending on the thirtieth day of June.	65886

(K) "Community school" means any school established pursuant	65887
to Chapter 3314. of the Revised Code that includes secondary	65888
grades.	65889

(L) "STEM school" means a science, technology, engineering,	65890
and mathematics school established under Chapter 3326. of the	65891
Revised Code.	65892

Sec. 3365.02. There is hereby established the post-secondary	65893
enrollment options program under which a secondary grade student	65894
who is a resident of this state may enroll at a college, on a	65895
full- or part-time basis, and complete nonsectarian courses for	65896
high school and college credit.	65897

Secondary grade students in a nonpublic school may	65898
participate in the post-secondary enrollment options program if	65899
the chief administrator of such school notifies the department of	65900
education by the first day of April prior to the school year in	65901
which the school's students will participate.	65902

The state board of education, after consulting with the board	65903
of regents, shall adopt rules governing the program. The rules	65904
shall include:	65905

(A) Requirements for school districts, community schools, or	65906
participating nonpublic schools to provide information about the	65907
program prior to the first day of March of each year to all	65908
students enrolled in grades eight through eleven;	65909

(B) A requirement that a student or the student's parent	65910
inform the district board of education, the governing authority of	65911
a community school, the STEM school chief administrative officer,	65912
or the nonpublic school administrator by the thirtieth day of	65913
March of the student's intent to participate in the program during	65914
the following school year. The rule shall provide that any student	65915
who fails to provide the notification by the required date may not	65916
participate in the program during the following school year	65917
without the written consent of the district superintendent, the	65918
governing authority of a community school, the STEM school chief	65919
administrative officer, or the nonpublic school administrator.	65920

(C) Requirements that school districts, community schools,	65921
and STEM schools provide counseling services to students in grades	65922
eight through eleven and to their parents before the students	65923
participate in the program under this chapter to ensure that	65924
students and parents are fully aware of the possible risks and	65925
consequences of participation. Counseling information shall	65926
include without limitation:	65927

(1) Program eligibility;

65928

(2) The process for granting academic credits;

65929

(3) Financial arrangements for tuition, books, materials, and	65930
fees;	65931

(4) Criteria for any transportation aid;

65932

(5) Available support services;

65933

(6) Scheduling;

65934

(7) The consequences of failing or not completing a course in	65935
which the student enrolls and the effect of the grade attained in	65936
the course being included in the student's grade point average, if	65937
applicable;	65938

(8) The effect of program participation on the student's	65939
ability to complete the district's or school's graduation	65940
requirements;	65941

(9) The academic and social responsibilities of students and	65942
parents under the program;	65943

(10) Information about and encouragement to use the	65944
counseling services of the college in which the student intends to	65945
enroll.	65946

(11) A list of all institutions of higher education that	65947
currently participate in the program or in another dual enrollment	65948
program, as defined in section 3313.6013 of the Revised Code,	65949
compiled and distributed by the department of education pursuant	65950
to division (G) of this section.	65951

(D) A requirement that the student and the student's parent	65952
sign a form, provided by the school district or school, stating	65953
that they have received the counseling required by division (C) of	65954
this section and that they understand the responsibilities they	65955
must assume in the program;	65956

(E) The options required by section 3365.04 of the Revised	65957
Code;	65958

(F) ~~A requirement that a student may not enroll in any~~	65959
~~specific college course through the program if the student has~~	65960
~~taken high school courses in the same subject area as that college~~	65961
~~course and has failed to attain a cumulative grade point average~~	65962
~~of at least 3.0 on a 4.0 scale, or the equivalent, in such~~	65963
~~completed high school courses~~A requirement that student	65964
participation in the program be based solely on a participating	65965
college's established placement standards for college-level	65966
courses for which credit is awarded.	65967

(G) A requirement that the department of education annually	65968
compile a list of all institutions of higher education that	65969
currently participate in the program or in another dual enrollment	65970
program as defined in section 3313.6013 of the Revised Code and,	65971
not later than the thirty-first day of December of each school	65972
year, distribute this list to all school districts, community	65973
schools, STEM schools, and chartered nonpublic schools in the	65974
state.	65975

Sec. 3365.021. The chief administrator of any nonpublic	65976
school notifying the department of education that students of the	65977
school will participate in the post-secondary enrollment options	65978
program shall provide counseling to students in grades eight	65979
through eleven and to their parents before the students	65980
participate in the program to ensure that students and parents are	65981
fully aware of the possible risks and consequences of	65982
participation. Such counseling shall include explaining the fact	65983
that funding may be limited and that not all students who wish to	65984
participate may be able to do so.	65985

The chief administrator also shall provide students and	65986
parents with a list of all institutions of higher education that	65987
currently participate in the program or in another dual enrollment	65988
program as defined in section 3313.6013 of the Revised Code,	65989
compiled and distributed by the department of education pursuant	65990
to division (G) of section 3365.02 of the Revised Code.	65991

Sec. 3365.022. (A) Beginning July 1, 2013, a student who has	65992
been excused from the compulsory attendance law for the purpose of	65993
home instruction under section 3321.04 of the Revised Code, and is	65994
the equivalent of a ninth, tenth, eleventh, or twelfth grader may	65995
participate in the post-secondary enrollment options program	65996
established under this chapter.	65997

(B)(1) If a student meets the criteria established in	65998
division (A) of this section and wishes to participate in the	65999
post-secondary enrollment options program, the parent or guardian	66000
of that student shall notify the department of education by the	66001
first day of April prior to the school year in which the student	66002
wishes to participate.	66003

(2) For the 2013-2014 school year, the department may accept	66004
applications at a later date if that student wishes to participate	66005
in the program during the 2013-2014 school year.	66006

(C) Pursuant to rules adopted by the state board of education	66007
under section 3365.02 of the Revised Code, payments to a	66008
participating college, in which home-instructed students enrolled	66009
pursuant to this section, shall be made in the same manner as	66010
payments made for participating students from nonpublic secondary	66011
schools, pursuant to section 3365.07 of the Revised Code.	66012

Sec. 3365.07. (A) The rules adopted under section 3365.02 of	66013
the Revised Code shall specify a method for each of the following:	66014

(1) Determining, with respect to any participant, the	66015
percentage of a full-time educational program constituted by the	66016
participant's total educational program. That percentage shall be	66017
the participant's full-time equivalency percentage for purposes of	66018
the computation required by division (B)(1) of this section.	66019

(2) In the case of a participant who is not enrolled in a	66020
participating nonpublic school, determining the percentage of a	66021
participant's school day during which the participant is	66022
participating in each of the following:	66023

(a) Programs provided by the city, local, or exempted village	66024
school district, a community school, or a STEM school;	66025

(b) Programs provided by a joint vocational school district;

66026

(c) Programs provided by a college under division (B) of	66027
section 3365.04 of the Revised Code.	66028

The sum of divisions (A)(2)(a) to (c) of this section shall equal	66029
one hundred per cent.	66030

(3) In the case of a participant who is not enrolled in a	66031
participating nonpublic school, determining the percentage of a	66032
participant's enrollment that shall be deemed to be enrollment in	66033
a joint vocational school district and the percentage that shall	66034
be deemed to be enrollment in a city, local, or exempted village	66035
school district. The sum of such percentages shall equal one	66036
hundred per cent.	66037

(4) In the case of a participant who is enrolled in a	66038
participating nonpublic school, determining the percentage of a	66039
participant's school day during which the participant is	66040
participating in programs provided by a college under division (B)	66041
of section 3365.04 of the Revised Code.	66042

(B) Each July, unless provided otherwise in an alternative	66043
funding agreement entered into under rules adopted under section	66044
3365.12 of the Revised Code, the department of education shall pay	66045
each college for any participant enrolled in the college in the	66046
prior school year under division (B) of section 3365.04 of the	66047
Revised Code an amount computed as follows:	66048

(1) Multiply the tuition base by the participant's full-time	66049
equivalency percentage and multiply the resulting amount by a	66050
percentage equal to the percentage of the participant's school day	66051
apportioned to the college under division (A)(2)(c) or (4) of this	66052
section, as applicable.	66053

(2) Pay the college the lesser of:

66054

(a) The amount computed under division (B)(1) of this	66055
section;	66056

(b) The actual costs that would have been the responsibility	66057
of the participant had the participant elected to enroll under	66058
division (A) of section 3365.04 of the Revised Code, as verified	66059
by the department, of tuition, textbooks, materials, and fees	66060
directly related to any courses elected by the participant during	66061
the prior school year under division (B) of section 3365.04 of the	66062
Revised Code.	66063

(C) The department shall not reimburse ~~any~~a college for any	66064
of the following:	66065

(1) A college course taken by a participant under division	66066
(A) of section 3365.04 of the Revised Code;	66067

(2) A remedial college course taken by a participant.

66068

(D) If the participant was not enrolled in a participating	66069
nonpublic school, the amount paid under division (B) of this	66070
section for each participant shall be subtracted from the school	66071
foundation payments made to the participant's school district or,	66072
if the participant was enrolled in a community school or a STEM	66073
school, from the payments made to the participant's school under	66074
section 3314.08 or 3326.33 of the Revised Code. If the participant	66075
was enrolled in a joint vocational school district, a portion of	66076
the amount shall be subtracted from the payments to the joint	66077
vocational school district and a portion shall be subtracted from	66078
the payments to the participant's city, local, or exempted village	66079
school district. The amount of the payment subtracted from the	66080
city, local, or exempted village school district shall be computed	66081
as follows:	66082

(1) Add the following:

66083

(a) The percentage of the participant's enrollment in the	66084
school district, determined under division (A)(3) of this section;	66085
and	66086

(b) Twenty-five per cent times the percentage of the	66087
participant's enrollment in the joint vocational school district,	66088
determined under division (A)(3) of this section.	66089

(2) Multiply the sum obtained under division (D)(1) of this	66090
section by the amount computed under division (B)(2) of this	66091
section.	66092

The balance of the payment shall be subtracted from the joint	66093
vocational district's school foundation payments.	66094

(E) If the participant was enrolled in a participating	66095
nonpublic school, the amount paid under division (B) of this	66096
section shall be subtracted from moneys set aside by the general	66097
assembly for such purpose from funds appropriated for the purposes	66098
of section 3317.06 of the Revised Code.	66099

Sec. 3365.12. The superintendent of public instruction and	66100
the chancellor of the Ohio board of regents jointly may adopt	66101
rules in accordance with Chapter 119. of the Revised Code	66102
permitting a board of education of a school district or joint	66103
vocational school district, governing authority of a community	66104
school, governing body of a STEM school, or governing authority of	66105
a participating nonpublic school to enter into an agreement with a	66106
college or university to use an alternate funding formula to	66107
calculate, or an alternate method to transmit, the amount the	66108
college or university would be paid for a student participating in	66109
a program under this chapter, including the program known as	66110
seniors to sophomores.	66111

Rules adopted under this section may include, but need not be	66112
limited to, any of the following alternative funding options:	66113

(A) Direct payment of funds necessary to support students	66114
participating in a program under this chapter, including the	66115
seniors to sophomores program, by the school district, joint	66116
vocational school district, community school, STEM school, or any	66117
combination thereof, to the college or university in which the	66118
student enrolled;	66119

(B) Alternate funding formulas to calculate the amount of	66120
money to be paid to colleges for participants;	66121

(C) A negotiated amount to be paid, as agreed by the school	66122
district, joint vocational school district, community school, or	66123
STEM school and the college or university.	66124

Rules adopted under this section shall prohibit any	66125
alternative funding option to include charging a student	66126
participating in the program under this chapter any tuition or	66127
fees.	66128

Sec. 3501.01. As used in the sections of the Revised Code	66129
relating to elections and political communications:	66130

(A) "General election" means the election held on the first	66131
Tuesday after the first Monday in each November.	66132

(B) "Regular municipal election" means the election held on	66133
the first Tuesday after the first Monday in November in each	66134
odd-numbered year.	66135

(C) "Regular state election" means the election held on the	66136
first Tuesday after the first Monday in November in each	66137
even-numbered year.	66138

(D) "Special election" means any election other than those	66139
elections defined in other divisions of this section. A special	66140
election may be held only on the first Tuesday after the first	66141
Monday in February, May, August, or November, or on the day	66142
authorized by a particular municipal or county charter for the	66143
holding of a primary election, except that in any year in which a	66144
presidential primary election is held, no special election shall	66145
be held in February or May, except as authorized by a municipal or	66146
county charter, but may be held on the first Tuesday after the	66147
first Monday in March.	66148

(E)(1) "Primary" or "primary election" means an election held	66149
for the purpose of nominating persons as candidates of political	66150
parties for election to offices, and for the purpose of electing	66151
persons as members of the controlling committees of political	66152
parties and as delegates and alternates to the conventions of	66153
political parties. Primary elections shall be held on the first	66154
Tuesday after the first Monday in May of each year except in years	66155
in which a presidential primary election is held.	66156

(2) "Presidential primary election" means a primary election	66157
as defined by division (E)(1) of this section at which an election	66158
is held for the purpose of choosing delegates and alternates to	66159
the national conventions of the major political parties pursuant	66160
to section 3513.12 of the Revised Code. Unless otherwise	66161
specified, presidential primary elections are included in	66162
references to primary elections. In years in which a presidential	66163
primary election is held, all primary elections shall be held on	66164
the first Tuesday after the first Monday in March except as	66165
otherwise authorized by a municipal or county charter.	66166

(F) "Political party" means any group of voters meeting the	66167
requirements set forth in section 3517.01 of the Revised Code for	66168
the formation and existence of a political party.	66169

(1) "Major political party" means any political party	66170
organized under the laws of this state whose candidate for	66171
governor or nominees for presidential electors received no less	66172
than twenty per cent of the total vote cast for such office at the	66173
most recent regular state election.	66174

(2) "Intermediate political party" means any political party	66175
organized under the laws of this state whose candidate for	66176
governor or nominees for presidential electors received less than	66177
twenty per cent but not less than ten per cent of the total vote	66178
cast for such office at the most recent regular state election.	66179

(3) "Minor political party" means any political party	66180
organized under the laws of this state whose candidate for	66181
governor or nominees for presidential electors received less than	66182
ten per cent but not less than five per cent of the total vote	66183
cast for such office at the most recent regular state election or	66184
which has filed with the secretary of state, subsequent to any	66185
election in which it received less than five per cent of such	66186
vote, a petition signed by qualified electors equal in number to	66187
at least one per cent of the total vote cast for such office in	66188
the last preceding regular state election, except that a newly	66189
formed political party shall be known as a minor political party	66190
until the time of the first election for governor or president	66191
which occurs not less than twelve months subsequent to the	66192
formation of such party, after which election the status of such	66193
party shall be determined by the vote for the office of governor	66194
or president.	66195

(G) "Dominant party in a precinct" or "dominant political	66196
party in a precinct" means that political party whose candidate	66197
for election to the office of governor at the most recent regular	66198
state election at which a governor was elected received more votes	66199
than any other person received for election to that office in such	66200
precinct at such election.	66201

(H) "Candidate" means any qualified person certified in	66202
accordance with the provisions of the Revised Code for placement	66203
on the official ballot of a primary, general, or special election	66204
to be held in this state, or any qualified person who claims to be	66205
a write-in candidate, or who knowingly assents to being	66206
represented as a write-in candidate by another at either a	66207
primary, general, or special election to be held in this state.	66208

(I) "Independent candidate" means any candidate who claims	66209
not to be affiliated with a political party, and whose name has	66210
been certified on the office-type ballot at a general or special	66211
election through the filing of a statement of candidacy and	66212
nominating petition, as prescribed in section 3513.257 of the	66213
Revised Code.	66214

(J) "Nonpartisan candidate" means any candidate whose name is	66215
required, pursuant to section 3505.04 of the Revised Code, to be	66216
listed on the nonpartisan ballot, including all candidates for	66217
judicial office, for member of any board of education, for	66218
municipal or township offices in which primary elections are not	66219
held for nominating candidates by political parties, and for	66220
offices of municipal corporations having charters that provide for	66221
separate ballots for elections for these offices.	66222

(K) "Party candidate" means any candidate who claims to be a	66223
member of a political party, whose name has been certified on the	66224
office-type ballot at a general or special election through the	66225
filing of a declaration of candidacy and petition of candidate,	66226
and who has won the primary election of the candidate's party for	66227
the public office the candidate seeks or is selected by party	66228
committee in accordance with section 3513.31 of the Revised Code.	66229

(L) "Officer of a political party" includes, but is not	66230
limited to, any member, elected or appointed, of a controlling	66231
committee, whether representing the territory of the state, a	66232
district therein, a county, township, a city, a ward, a precinct,	66233
or other territory, of a major, intermediate, or minor political	66234
party.	66235

(M) "Question or issue" means any question or issue certified	66236
in accordance with the Revised Code for placement on an official	66237
ballot at a general or special election to be held in this state.	66238

(N) "Elector" or "qualified elector" means a person having	66239
the qualifications provided by law to be entitled to vote.	66240

(O) "Voter" means an elector who votes at an election.

66241

(P) "Voting residence" means that place of residence of an	66242
elector which shall determine the precinct in which the elector	66243
may vote.	66244

(Q) "Precinct" means a district within a county established	66245
by the board of elections of such county within which all	66246
qualified electors having a voting residence therein may vote at	66247
the same polling place.	66248

(R) "Polling place" means that place provided for each	66249
precinct at which the electors having a voting residence in such	66250
precinct may vote.	66251

(S) "Board" or "board of elections" means the board of	66252
elections appointed in a county pursuant to section 3501.06 of the	66253
Revised Code.	66254

(T) "Political subdivision" means a county, township, city,	66255
village, or school district.	66256

(U) "Election officer" or "election official" means any of	66257
the following:	66258

(1) Secretary of state;

66259

(2) Employees of the secretary of state serving the division	66260
of elections in the capacity of attorney, administrative officer,	66261
administrative assistant, elections administrator, office manager,	66262
or clerical supervisor;	66263

(3) Director of a board of elections;

66264

(4) Deputy director of a board of elections;

66265

(5) Member of a board of elections;

66266

(6) Employees of a board of elections;

66267

(7) Precinct polling place judges;

66268

(8) Employees appointed by the boards of elections on a	66269
temporary or part-time basis.	66270

(V) "Acknowledgment notice" means a notice sent by a board of	66271
elections, on a form prescribed by the secretary of state,	66272
informing a voter registration applicant or an applicant who	66273
wishes to change the applicant's residence or name of the status	66274
of the application; the information necessary to complete or	66275
update the application, if any; and if the application is	66276
complete, the precinct in which the applicant is to vote.	66277

(W) "Confirmation notice" means a notice sent by a board of	66278
elections, on a form prescribed by the secretary of state, to a	66279
registered elector to confirm the registered elector's current	66280
address.	66281

(X) "Designated agency" means an office or agency in the	66282
state that provides public assistance or that provides	66283
state-funded programs primarily engaged in providing services to	66284
persons with disabilities and that is required by the National	66285
Voter Registration Act of 1993 to implement a program designed and	66286
administered by the secretary of state for registering voters, or	66287
any other public or government office or agency that implements a	66288
program designed and administered by the secretary of state for	66289
registering voters, including the department of job and family	66290
services, the program administered under section 3701.132 of the	66291
Revised Code by the department of health, the department of ~~mental~~	66292
~~health~~mental health and addiction services, the department of	66293
developmental disabilities, the ~~rehabilitation services commission~~	66294
opportunities for Ohioans with disabilities agency, and any other	66295
agency the secretary of state designates. "Designated agency" does	66296
not include public high schools and vocational schools, public	66297
libraries, or the office of a county treasurer.	66298

(Y) "National Voter Registration Act of 1993" means the	66299
"National Voter Registration Act of 1993," 107 Stat. 77, 42	66300
U.S.C.A. 1973gg.	66301

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	66302
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	66303

(AA) "Photo identification" means a document that meets each	66304
of the following requirements:	66305

(1) It shows the name of the individual to whom it was	66306
issued, which shall conform to the name in the poll list or	66307
signature pollbook.	66308

(2) It shows the current address of the individual to whom it	66309
was issued, which shall conform to the address in the poll list or	66310
signature pollbook, except for a driver's license or a state	66311
identification card issued under section 4507.50 of the Revised	66312
Code, which may show either the current or former address of the	66313
individual to whom it was issued, regardless of whether that	66314
address conforms to the address in the poll list or signature	66315
pollbook.	66316

(3) It shows a photograph of the individual to whom it was	66317
issued.	66318

(4) It includes an expiration date that has not passed.

66319

(5) It was issued by the government of the United States or	66320
this state.	66321

Sec. 3517.01. (A)(1) A political party within the meaning of	66322
Title XXXV of the Revised Code is any group of voters that, at the	66323
most recent regular state election, polled for its candidate for	66324
governor in the state or nominees for presidential electors at	66325
least five per cent of the entire vote cast for that office or	66326
that filed with the secretary of state, subsequent to any election	66327
in which it received less than five per cent of that vote, a	66328
petition signed by qualified electors equal in number to at least	66329
one per cent of the total vote for governor or nominees for	66330
presidential electors at the most recent election, declaring their	66331
intention of organizing a political party, the name of which shall	66332
be stated in the declaration, and of participating in the	66333
succeeding primary election, held in even-numbered years, that	66334
occurs more than one hundred twenty days after the date of filing.	66335
No such group of electors shall assume a name or designation that	66336
is similar, in the opinion of the secretary of state, to that of	66337
an existing political party as to confuse or mislead the voters at	66338
an election. If any political party fails to cast five per cent of	66339
the total vote cast at an election for the office of governor or	66340
president, it shall cease to be a political party.	66341

(2) A campaign committee shall be legally liable for any	66342
debts, contracts, or expenditures incurred or executed in its	66343
name.	66344

(B) Notwithstanding the definitions found in section 3501.01	66345
of the Revised Code, as used in this section and sections 3517.08	66346
to 3517.14, 3517.99, and 3517.992 of the Revised Code:	66347

(1) "Campaign committee" means a candidate or a combination	66348
of two or more persons authorized by a candidate under section	66349
3517.081 of the Revised Code to receive contributions and make	66350
expenditures.	66351

(2) "Campaign treasurer" means an individual appointed by a	66352
candidate under section 3517.081 of the Revised Code.	66353

(3) "Candidate" has the same meaning as in division (H) of	66354
section 3501.01 of the Revised Code and also includes any person	66355
who, at any time before or after an election, receives	66356
contributions or makes expenditures or other use of contributions,	66357
has given consent for another to receive contributions or make	66358
expenditures or other use of contributions, or appoints a campaign	66359
treasurer, for the purpose of bringing about the person's	66360
nomination or election to public office. When two persons jointly	66361
seek the offices of governor and lieutenant governor, "candidate"	66362
means the pair of candidates jointly. "Candidate" does not include	66363
candidates for election to the offices of member of a county or	66364
state central committee, presidential elector, and delegate to a	66365
national convention or conference of a political party.	66366

(4) "Continuing association" means an association, other than	66367
a campaign committee, political party, legislative campaign fund,	66368
political contributing entity, or labor organization, that is	66369
intended to be a permanent organization that has a primary purpose	66370
other than supporting or opposing specific candidates, political	66371
parties, or ballot issues, and that functions on a regular basis	66372
throughout the year. "Continuing association" includes	66373
organizations that are determined to be not organized for profit	66374
under subsection 501 and that are described in subsection	66375
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.	66376

(5) "Contribution" means a loan, gift, deposit, forgiveness	66377
of indebtedness, donation, advance, payment, or transfer of funds	66378
or anything of value, including a transfer of funds from an inter	66379
vivos or testamentary trust or decedent's estate, and the payment	66380
by any person other than the person to whom the services are	66381
rendered for the personal services of another person, which	66382
contribution is made, received, or used for the purpose of	66383
influencing the results of an election. Any loan, gift, deposit,	66384
forgiveness of indebtedness, donation, advance, payment, or	66385
transfer of funds or of anything of value, including a transfer of	66386
funds from an inter vivos or testamentary trust or decedent's	66387
estate, and the payment by any campaign committee, political	66388
action committee, legislative campaign fund, political party,	66389
political contributing entity, or person other than the person to	66390
whom the services are rendered for the personal services of	66391
another person, that is made, received, or used by a state or	66392
county political party, other than moneys a state or county	66393
political party receives from the Ohio political party fund	66394
pursuant to section 3517.17 of the Revised Code and the moneys a	66395
~~state or county political party~~an entity may receive under	66396
sections 3517.101, 3517.1012, and 3517.1013 of the Revised Code,	66397
shall be considered to be a "contribution" for the purpose of	66398
section 3517.10 of the Revised Code and shall be included on a	66399
statement of contributions filed under that section.	66400

"Contribution" does not include any of the following:

66401

(a) Services provided without compensation by individuals	66402
volunteering a portion or all of their time on behalf of a person;	66403

(b) Ordinary home hospitality;

66404

(c) The personal expenses of a volunteer paid for by that	66405
volunteer campaign worker;	66406

(d) Any gift given to ~~a state or county political party~~an	66407
entity pursuant to section 3517.101 of the Revised Code~~. As used~~	66408
~~in division (B)(5)(d) of this section, "political party" means~~	66409
~~only a major political party~~;	66410

(e) Any contribution as defined in section 3517.1011 of the	66411
Revised Code that is made, received, or used to pay the direct	66412
costs of producing or airing an electioneering communication;	66413

(f) Any gift given to a state or county political party for	66414
the party's restricted fund under division (A)(2) of section	66415
3517.1012 of the Revised Code;	66416

(g) Any gift given to a state political party for deposit in	66417
a Levin account pursuant to section 3517.1013 of the Revised Code.	66418
As used in this division, "Levin account" has the same meaning as	66419
in that section.	66420

(h) Any donation given to a transition fund under section	66421
3517.1014 of the Revised Code.	66422

(6) "Expenditure" means the disbursement or use of a	66423
contribution for the purpose of influencing the results of an	66424
election or of making a charitable donation under division (G) of	66425
section 3517.08 of the Revised Code. Any disbursement or use of a	66426
contribution by a state or county political party is an	66427
expenditure and shall be considered either to be made for the	66428
purpose of influencing the results of an election or to be made as	66429
a charitable donation under division (G) of section 3517.08 of the	66430
Revised Code and shall be reported on a statement of expenditures	66431
filed under section 3517.10 of the Revised Code. During the thirty	66432
days preceding a primary or general election, any disbursement to	66433
pay the direct costs of producing or airing a broadcast, cable, or	66434
satellite communication that refers to a clearly identified	66435
candidate shall be considered to be made for the purpose of	66436
influencing the results of that election and shall be reported as	66437
an expenditure or as an independent expenditure under section	66438
3517.10 or 3517.105 of the Revised Code, as applicable, except	66439
that the information required to be reported regarding	66440
contributors for those expenditures or independent expenditures	66441
shall be the same as the information required to be reported under	66442
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.	66443

As used in this division, "broadcast, cable, or satellite	66444
communication" and "refers to a clearly identified candidate" have	66445
the same meanings as in section 3517.1011 of the Revised Code.	66446

(7) "Personal expenses" includes, but is not limited to,	66447
ordinary expenses for accommodations, clothing, food, personal	66448
motor vehicle or airplane, and home telephone.	66449

(8) "Political action committee" means a combination of two	66450
or more persons, the primary or major purpose of which is to	66451
support or oppose any candidate, political party, or issue, or to	66452
influence the result of any election through express advocacy, and	66453
that is not a political party, a campaign committee, a political	66454
contributing entity, or a legislative campaign fund. "Political	66455
action committee" does not include either of the following:	66456

(a) A continuing association that makes disbursements for the	66457
direct costs of producing or airing electioneering communications	66458
and that does not engage in express advocacy;	66459

(b) A political club that is formed primarily for social	66460
purposes and that consists of one hundred members or less, has	66461
officers and periodic meetings, has less than two thousand five	66462
hundred dollars in its treasury at all times, and makes an	66463
aggregate total contribution of one thousand dollars or less per	66464
calendar year.	66465

(9) "Public office" means any state, county, municipal,	66466
township, or district office, except an office of a political	66467
party, that is filled by an election and the offices of United	66468
States senator and representative.	66469

(10) "Anything of value" has the same meaning as in section	66470
1.03 of the Revised Code.	66471

(11) "Beneficiary of a campaign fund" means a candidate, a	66472
public official or employee for whose benefit a campaign fund	66473
exists, and any other person who has ever been a candidate or	66474
public official or employee and for whose benefit a campaign fund	66475
exists.	66476

(12) "Campaign fund" means money or other property, including	66477
contributions.	66478

(13) "Public official or employee" has the same meaning as in	66479
section 102.01 of the Revised Code.	66480

(14) "Caucus" means all of the members of the house of	66481
representatives or all of the members of the senate of the general	66482
assembly who are members of the same political party.	66483

(15) "Legislative campaign fund" means a fund that is	66484
established as an auxiliary of a state political party and	66485
associated with one of the houses of the general assembly.	66486

(16) "In-kind contribution" means anything of value other	66487
than money that is used to influence the results of an election or	66488
is transferred to or used in support of or in opposition to a	66489
candidate, campaign committee, legislative campaign fund,	66490
political party, political action committee, or political	66491
contributing entity and that is made with the consent of, in	66492
coordination, cooperation, or consultation with, or at the request	66493
or suggestion of the benefited candidate, committee, fund, party,	66494
or entity. The financing of the dissemination, distribution, or	66495
republication, in whole or part, of any broadcast or of any	66496
written, graphic, or other form of campaign materials prepared by	66497
the candidate, the candidate's campaign committee, or their	66498
authorized agents is an in-kind contribution to the candidate and	66499
an expenditure by the candidate.	66500

(17) "Independent expenditure" means an expenditure by a	66501
person advocating the election or defeat of an identified	66502
candidate or candidates, that is not made with the consent of, in	66503
coordination, cooperation, or consultation with, or at the request	66504
or suggestion of any candidate or candidates or of the campaign	66505
committee or agent of the candidate or candidates. As used in	66506
division (B)(17) of this section:	66507

(a) "Person" means an individual, partnership, unincorporated	66508
business organization or association, political action committee,	66509
political contributing entity, separate segregated fund,	66510
association, or other organization or group of persons, but not a	66511
labor organization or a corporation unless the labor organization	66512
or corporation is a political contributing entity.	66513

(b) "Advocating" means any communication containing a message	66514
advocating election or defeat.	66515

(c) "Identified candidate" means that the name of the	66516
candidate appears, a photograph or drawing of the candidate	66517
appears, or the identity of the candidate is otherwise apparent by	66518
unambiguous reference.	66519

(d) "Made in coordination, cooperation, or consultation with,	66520
or at the request or suggestion of, any candidate or the campaign	66521
committee or agent of the candidate" means made pursuant to any	66522
arrangement, coordination, or direction by the candidate, the	66523
candidate's campaign committee, or the candidate's agent prior to	66524
the publication, distribution, display, or broadcast of the	66525
communication. An expenditure is presumed to be so made when it is	66526
any of the following:	66527

(i) Based on information about the candidate's plans,	66528
projects, or needs provided to the person making the expenditure	66529
by the candidate, or by the candidate's campaign committee or	66530
agent, with a view toward having an expenditure made;	66531

(ii) Made by or through any person who is, or has been,	66532
authorized to raise or expend funds, who is, or has been, an	66533
officer of the candidate's campaign committee, or who is, or has	66534
been, receiving any form of compensation or reimbursement from the	66535
candidate or the candidate's campaign committee or agent;	66536

(iii) Except as otherwise provided in division (D) of section	66537
3517.105 of the Revised Code, made by a political party in support	66538
of a candidate, unless the expenditure is made by a political	66539
party to conduct voter registration or voter education efforts.	66540

(e) "Agent" means any person who has actual oral or written	66541
authority, either express or implied, to make or to authorize the	66542
making of expenditures on behalf of a candidate, or means any	66543
person who has been placed in a position with the candidate's	66544
campaign committee or organization such that it would reasonably	66545
appear that in the ordinary course of campaign-related activities	66546
the person may authorize expenditures.	66547

(18) "Labor organization" means a labor union; an employee	66548
organization; a federation of labor unions, groups, locals, or	66549
other employee organizations; an auxiliary of a labor union,	66550
employee organization, or federation of labor unions, groups,	66551
locals, or other employee organizations; or any other bona fide	66552
organization in which employees participate and that exists for	66553
the purpose, in whole or in part, of dealing with employers	66554
concerning grievances, labor disputes, wages, hours, and other	66555
terms and conditions of employment.	66556

(19) "Separate segregated fund" means a separate segregated	66557
fund established pursuant to the Federal Election Campaign Act.	66558

(20) "Federal Election Campaign Act" means the "Federal	66559
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	66560
seq., as amended.	66561

(21) "Restricted fund" means the fund a state or county	66562
political party must establish under division (A)(1) of section	66563
3517.1012 of the Revised Code.	66564

(22) "Electioneering communication" has the same meaning as	66565
in section 3517.1011 of the Revised Code.	66566

(23) "Express advocacy" means a communication that contains	66567
express words advocating the nomination, election, or defeat of a	66568
candidate or that contains express words advocating the adoption	66569
or defeat of a question or issue, as determined by a final	66570
judgment of a court of competent jurisdiction.	66571

(24) "Political committee" has the same meaning as in section	66572
3517.1011 of the Revised Code.	66573

(25) "Political contributing entity" means any entity,	66574
including a corporation or labor organization, that may lawfully	66575
make contributions and expenditures and that is not an individual	66576
or a political action committee, continuing association, campaign	66577
committee, political party, legislative campaign fund, designated	66578
state campaign committee, or state candidate fund. For purposes of	66579
this division, "lawfully" means not prohibited by any section of	66580
the Revised Code, or authorized by a final judgment of a court of	66581
competent jurisdiction.	66582

Sec. 3517.10. (A) Except as otherwise provided in this	66583
division, every campaign committee, political action committee,	66584
legislative campaign fund, political party, and political	66585
contributing entity that made or received a contribution or made	66586
an expenditure in connection with the nomination or election of	66587
any candidate or in connection with any ballot issue or question	66588
at any election held or to be held in this state shall file, on a	66589
form prescribed under this section or by electronic means of	66590
transmission as provided in this section and section 3517.106 of	66591
the Revised Code, a full, true, and itemized statement, made under	66592
penalty of election falsification, setting forth in detail the	66593
contributions and expenditures, not later than four p.m. of the	66594
following dates:	66595

(1) The twelfth day before the election to reflect	66596
contributions received and expenditures made from the close of	66597
business on the last day reflected in the last previously filed	66598
statement, if any, to the close of business on the twentieth day	66599
before the election;	66600

(2) The thirty-eighth day after the election to reflect the	66601
contributions received and expenditures made from the close of	66602
business on the last day reflected in the last previously filed	66603
statement, if any, to the close of business on the seventh day	66604
before the filing of the statement;	66605

(3) The last business day of January of every year to reflect	66606
the contributions received and expenditures made from the close of	66607
business on the last day reflected in the last previously filed	66608
statement, if any, to the close of business on the last day of	66609
December of the previous year;	66610

(4) The last business day of July of every year to reflect	66611
the contributions received and expenditures made from the close of	66612
business on the last day reflected in the last previously filed	66613
statement, if any, to the close of business on the last day of	66614
June of that year.	66615

A campaign committee shall only be required to file the	66616
statements prescribed under divisions (A)(1) and (2) of this	66617
section in connection with the nomination or election of the	66618
committee's candidate.	66619

The statement required under division (A)(1) of this section	66620
shall not be required of any campaign committee, political action	66621
committee, legislative campaign fund, political party, or	66622
political contributing entity that has received contributions of	66623
less than one thousand dollars and has made expenditures of less	66624
than one thousand dollars at the close of business on the	66625
twentieth day before the election. Those contributions and	66626
expenditures shall be reported in the statement required under	66627
division (A)(2) of this section.	66628

If an election to select candidates to appear on the general	66629
election ballot is held within sixty days before a general	66630
election, the campaign committee of a successful candidate in the	66631
earlier election may file the statement required by division	66632
(A)(1) of this section for the general election instead of the	66633
statement required by division (A)(2) of this section for the	66634
earlier election if the pregeneral election statement reflects the	66635
status of contributions and expenditures for the period twenty	66636
days before the earlier election to twenty days before the general	66637
election.	66638

If a person becomes a candidate less than twenty days before	66639
an election, the candidate's campaign committee is not required to	66640
file the statement required by division (A)(1) of this section.	66641

No statement under division (A)(3) of this section shall be	66642
required for any year in which a campaign committee, political	66643
action committee, legislative campaign fund, political party, or	66644
political contributing entity is required to file a postgeneral	66645
election statement under division (A)(2) of this section. However,	66646
a statement under division (A)(3) of this section may be filed, at	66647
the option of the campaign committee, political action committee,	66648
legislative campaign fund, political party, or political	66649
contributing entity.	66650

No campaign committee of a candidate for the office of chief	66651
justice or justice of the supreme court, and no campaign committee	66652
of a candidate for the office of judge of any court in this state,	66653
shall be required to file a statement under division (A)(4) of	66654
this section.	66655

Except as otherwise provided in this paragraph and in the	66656
next paragraph of this section, the only campaign committees	66657
required to file a statement under division (A)(4) of this section	66658
are the campaign committee of a statewide candidate and the	66659
campaign committee of a candidate for county office. The campaign	66660
committee of a candidate for any other nonjudicial office is	66661
required to file a statement under division (A)(4) of this section	66662
if that campaign committee receives, during that period,	66663
contributions exceeding ten thousand dollars.	66664

No statement under division (A)(4) of this section shall be	66665
required of a campaign committee, a political action committee, a	66666
legislative campaign fund, a political party, or a political	66667
contributing entity for any year in which the campaign committee,	66668
political action committee, legislative campaign fund, political	66669
party, or political contributing entity is required to file a	66670
postprimary election statement under division (A)(2) of this	66671
section. However, a statement under division (A)(4) of this	66672
section may be filed at the option of the campaign committee,	66673
political action committee, legislative campaign fund, political	66674
party, or political contributing entity.	66675

No statement under division (A)(3) or (4) of this section	66676
shall be required if the campaign committee, political action	66677
committee, legislative campaign fund, political party, or	66678
political contributing entity has no contributions that it has	66679
received and no expenditures that it has made since the last date	66680
reflected in its last previously filed statement. However, the	66681
campaign committee, political action committee, legislative	66682
campaign fund, political party, or political contributing entity	66683
shall file a statement to that effect, on a form prescribed under	66684
this section and made under penalty of election falsification, on	66685
the date required in division (A)(3) or (4) of this section, as	66686
applicable.	66687

The campaign committee of a statewide candidate shall file a	66688
monthly statement of contributions received during each of the	66689
months of July, August, and September in the year of the general	66690
election in which the candidate seeks office. The campaign	66691
committee of a statewide candidate shall file the monthly	66692
statement not later than three business days after the last day of	66693
the month covered by the statement. During the period beginning on	66694
the nineteenth day before the general election in which a	66695
statewide candidate seeks election to office and extending through	66696
the day of that general election, each time the campaign committee	66697
of the joint candidates for the offices of governor and lieutenant	66698
governor or of a candidate for the office of secretary of state,	66699
auditor of state, treasurer of state, or attorney general receives	66700
a contribution from a contributor that causes the aggregate amount	66701
of contributions received from that contributor during that period	66702
to equal or exceed ten thousand dollars and each time the campaign	66703
committee of a candidate for the office of chief justice or	66704
justice of the supreme court receives a contribution from a	66705
contributor that causes the aggregate amount of contributions	66706
received from that contributor during that period to exceed ten	66707
thousand dollars, the campaign committee shall file a	66708
two-business-day statement reflecting that contribution. ~~During~~	66709
~~the period beginning on the nineteenth day before a primary~~	66710
~~election in which a candidate for statewide office seeks~~	66711
~~nomination to office and extending through the day of that primary~~	66712
~~election, each time either the campaign committee of a statewide~~	66713
~~candidate in that primary election that files a notice under~~	66714
~~division (C)(1) of section 3517.103 of the Revised Code or the~~	66715
~~campaign committee of a statewide candidate in that primary~~	66716
~~election to which, in accordance with division (D) of section~~	66717
~~3517.103 of the Revised Code, the contribution limitations~~	66718
~~prescribed in section 3517.102 of the Revised Code no longer apply~~	66719
~~receives a contribution from a contributor that causes the~~	66720
~~aggregate amount of contributions received from that contributor~~	66721
~~during that period to exceed ten thousand dollars, the campaign~~	66722
~~committee shall file a two-business-day statement reflecting that~~	66723
~~contribution.~~ Contributions reported on a two-business-day	66724
statement required to be filed by a campaign committee of a	66725
statewide candidate in a primary election shall also be included	66726
in the postprimary election statement required to be filed by that	66727
campaign committee under division (A)(2) of this section. A	66728
two-business-day statement required by this paragraph shall be	66729
filed not later than two business days after receipt of the	66730
contribution. The statements required by this paragraph shall be	66731
filed in addition to any other statements required by this	66732
section.	66733

Subject to the secretary of state having implemented, tested,	66734
and verified the successful operation of any system the secretary	66735
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of	66736
this section and division (H)(1) of section 3517.106 of the	66737
Revised Code for the filing of campaign finance statements by	66738
electronic means of transmission, a campaign committee of a	66739
statewide candidate shall file a two-business-day statement under	66740
the preceding paragraph by electronic means of transmission if the	66741
campaign committee is required to file a pre-election,	66742
postelection, or monthly statement of contributions and	66743
expenditures by electronic means of transmission under this	66744
section or section 3517.106 of the Revised Code.	66745

If a campaign committee or political action committee has no	66746
balance on hand and no outstanding obligations and desires to	66747
terminate itself, it shall file a statement to that effect, on a	66748
form prescribed under this section and made under penalty of	66749
election falsification, with the official with whom it files a	66750
statement under division (A) of this section after filing a final	66751
statement of contributions and a final statement of expenditures,	66752
if contributions have been received or expenditures made since the	66753
period reflected in its last previously filed statement.	66754

(B) Except as otherwise provided in division (C)(7) of this	66755
section, each statement required by division (A) of this section	66756
shall contain the following information:	66757

(1) The full name and address of each campaign committee,	66758
political action committee, legislative campaign fund, political	66759
party, or political contributing entity, including any treasurer	66760
of the committee, fund, party, or entity, filing a contribution	66761
and expenditure statement;	66762

(2)(a) In the case of a campaign committee, the candidate's	66763
full name and address;	66764

(b) In the case of a political action committee, the	66765
registration number assigned to the committee under division	66766
(D)(1) of this section.	66767

(3) The date of the election and whether it was or will be a	66768
general, primary, or special election;	66769

(4) A statement of contributions received, which shall	66770
include the following information:	66771

(a) The month, day, and year of the contribution;

66772

(b)(i) The full name and address of each person, political	66773
party, campaign committee, legislative campaign fund, political	66774
action committee, or political contributing entity from whom	66775
contributions are received and the registration number assigned to	66776
the political action committee under division (D)(1) of this	66777
section. The requirement of filing the full address does not apply	66778
to any statement filed by a state or local committee of a	66779
political party, to a finance committee of such committee, or to a	66780
committee recognized by a state or local committee as its	66781
fund-raising auxiliary. Notwithstanding division (F) of this	66782
section, the requirement of filing the full address shall be	66783
considered as being met if the address filed is the same address	66784
the contributor provided under division (E)(1) of this section.	66785

(ii) If a political action committee, political contributing	66786
entity, legislative campaign fund, or political party that is	66787
required to file campaign finance statements by electronic means	66788
of transmission under section 3517.106 of the Revised Code or a	66789
campaign committee of a statewide candidate or candidate for the	66790
office of member of the general assembly receives a contribution	66791
from an individual that exceeds one hundred dollars, the name of	66792
the individual's current employer, if any, or, if the individual	66793
is self-employed, the individual's occupation and the name of the	66794
individual's business, if any;	66795

(iii) If a campaign committee of a statewide candidate or	66796
candidate for the office of member of the general assembly	66797
receives a contribution transmitted pursuant to section 3599.031	66798
of the Revised Code from amounts deducted from the wages and	66799
salaries of two or more employees that exceeds in the aggregate	66800
one hundred dollars during any one filing period under division	66801
(A)(1), (2), (3), or (4) of this section, the full name of the	66802
employees' employer and the full name of the labor organization of	66803
which the employees are members, if any.	66804

(c) A description of the contribution received, if other than	66805
money;	66806

(d) The value in dollars and cents of the contribution;

66807

(e) A separately itemized account of all contributions and	66808
expenditures regardless of the amount, except a receipt of a	66809
contribution from a person in the sum of twenty-five dollars or	66810
less at one social or fund-raising activity and a receipt of a	66811
contribution transmitted pursuant to section 3599.031 of the	66812
Revised Code from amounts deducted from the wages and salaries of	66813
employees if the contribution from the amount deducted from the	66814
wages and salary of any one employee is twenty-five dollars or	66815
less aggregated in a calendar year. An account of the total	66816
contributions from each social or fund-raising activity shall	66817
include a description of and the value of each in-kind	66818
contribution received at that activity from any person who made	66819
one or more such contributions whose aggregate value exceeded two	66820
hundred fifty dollars and shall be listed separately, together	66821
with the expenses incurred and paid in connection with that	66822
activity. A campaign committee, political action committee,	66823
legislative campaign fund, political party, or political	66824
contributing entity shall keep records of contributions from each	66825
person in the amount of twenty-five dollars or less at one social	66826
or fund-raising activity and contributions from amounts deducted	66827
under section 3599.031 of the Revised Code from the wages and	66828
salary of each employee in the amount of twenty-five dollars or	66829
less aggregated in a calendar year. No continuing association that	66830
is recognized by a state or local committee of a political party	66831
as an auxiliary of the party and that makes a contribution from	66832
funds derived solely from regular dues paid by members of the	66833
auxiliary shall be required to list the name or address of any	66834
members who paid those dues.	66835

Contributions that are other income shall be itemized	66836
separately from all other contributions. The information required	66837
under division (B)(4) of this section shall be provided for all	66838
other income itemized. As used in this paragraph, "other income"	66839
means a loan, investment income, or interest income.	66840

(f) In the case of a campaign committee of a state elected	66841
officer, if a person doing business with the state elected officer	66842
in the officer's official capacity makes a contribution to the	66843
campaign committee of that officer, the information required under	66844
division (B)(4) of this section in regard to that contribution,	66845
which shall be filed together with and considered a part of the	66846
committee's statement of contributions as required under division	66847
(A) of this section but shall be filed on a separate form provided	66848
by the secretary of state. As used in this division:	66849

(i) "State elected officer" has the same meaning as in	66850
section 3517.092 of the Revised Code.	66851

(ii) "Person doing business" means a person or an officer of	66852
an entity who enters into one or more contracts with a state	66853
elected officer or anyone authorized to enter into contracts on	66854
behalf of that officer to receive payments for goods or services,	66855
if the payments total, in the aggregate, more than five thousand	66856
dollars during a calendar year.	66857

(5) A statement of expenditures which shall include the	66858
following information:	66859

(a) The month, day, and year of the expenditure;

66860

(b) The full name and address of each person, political	66861
party, campaign committee, legislative campaign fund, political	66862
action committee, or political contributing entity to whom the	66863
expenditure was made and the registration number assigned to the	66864
political action committee under division (D)(1) of this section;	66865

66866

(d) The amount of each expenditure.

66867

(C)(1) The statement of contributions and expenditures shall	66868
be signed by the person completing the form. If a statement of	66869
contributions and expenditures is filed by electronic means of	66870
transmission pursuant to this section or section 3517.106 of the	66871
Revised Code, the electronic signature of the person who executes	66872
the statement and transmits the statement by electronic means of	66873
transmission, as provided in division (H) of section 3517.106 of	66874
the Revised Code, shall be attached to or associated with the	66875
statement and shall be binding on all persons and for all purposes	66876
under the campaign finance reporting law as if the signature had	66877
been handwritten in ink on a printed form.	66878

(2) The person filing the statement, under penalty of	66879
election falsification, shall include with it a list of each	66880
anonymous contribution, the circumstances under which it was	66881
received, and the reason it cannot be attributed to a specific	66882
donor.	66883

(3) Each statement of a campaign committee of a candidate who	66884
holds public office shall contain a designation of each	66885
contributor who is an employee in any unit or department under the	66886
candidate's direct supervision and control. In a space provided in	66887
the statement, the person filing the statement shall affirm that	66888
each such contribution was voluntarily made.	66889

(4) A campaign committee that did not receive contributions	66890
or make expenditures in connection with the nomination or election	66891
of its candidate shall file a statement to that effect, on a form	66892
prescribed under this section and made under penalty of election	66893
falsification, on the date required in division (A)(2) of this	66894
section.	66895

(5) The campaign committee of any person who attempts to	66896
become a candidate and who, for any reason, does not become	66897
certified in accordance with Title XXXV of the Revised Code for	66898
placement on the official ballot of a primary, general, or special	66899
election to be held in this state, and who, at any time prior to	66900
or after an election, receives contributions or makes	66901
expenditures, or has given consent for another to receive	66902
contributions or make expenditures, for the purpose of bringing	66903
about the person's nomination or election to public office, shall	66904
file the statement or statements prescribed by this section and a	66905
termination statement, if applicable. Division (C)(5) of this	66906
section does not apply to any person with respect to an election	66907
to the offices of member of a county or state central committee,	66908
presidential elector, or delegate to a national convention or	66909
conference of a political party.	66910

(6)(a) The statements required to be filed under this section	66911
shall specify the balance in the hands of the campaign committee,	66912
political action committee, legislative campaign fund, political	66913
party, or political contributing entity and the disposition	66914
intended to be made of that balance.	66915

(b) The secretary of state shall prescribe the form for all	66916
statements required to be filed under this section and shall	66917
furnish the forms to the boards of elections in the several	66918
counties. The boards of elections shall supply printed copies of	66919
those forms without charge. The secretary of state shall prescribe	66920
the appropriate methodology, protocol, and data file structure for	66921
statements required or permitted to be filed by electronic means	66922
of transmission under division (A) of this section, divisions (E),	66923
(F), and (G) of section 3517.106, division (D) of section	66924
3517.1011, division (B) of section 3517.1012, division (C) of	66925
section 3517.1013, and divisions (D) and (I) of section 3517.1014	66926
of the Revised Code. Subject to division (A) of this section,	66927
divisions (E), (F), and (G) of section 3517.106, division (D) of	66928
section 3517.1011, division (B) of section 3517.1012, division (C)	66929
of section 3517.1013, and divisions (D) and (I) of section	66930
3517.1014 of the Revised Code, the statements required to be	66931
stored on computer by the secretary of state under division (B) of	66932
section 3517.106 of the Revised Code shall be filed in whatever	66933
format the secretary of state considers necessary to enable the	66934
secretary of state to store the information contained in the	66935
statements on computer. Any such format shall be of a type and	66936
nature that is readily available to whoever is required to file	66937
the statements in that format.	66938

(c) The secretary of state shall assess the need for training	66939
regarding the filing of campaign finance statements by electronic	66940
means of transmission and regarding associated technologies for	66941
candidates, campaign committees, political action committees,	66942
legislative campaign funds, political parties, or political	66943
contributing entities, for individuals, partnerships, or other	66944
entities, for persons making disbursements to pay the direct costs	66945
of producing or airing electioneering communications, or for	66946
treasurers of transition funds, required or permitted to file	66947
statements by electronic means of transmission under this section	66948
or section 3517.105, 3517.106, 3517.1011, 3517.1012, 3517.1013, or	66949
3517.1014 of the Revised Code. If, in the opinion of the secretary	66950
of state, training in these areas is necessary, the secretary of	66951
state shall arrange for the provision of voluntary training	66952
programs for candidates, campaign committees, political action	66953
committees, legislative campaign funds, political parties, or	66954
political contributing entities, for individuals, partnerships,	66955
and other entities, for persons making disbursements to pay the	66956
direct costs of producing or airing electioneering communications,	66957
or for treasurers of transition funds, as appropriate.	66958

(7) Each monthly statement and each two-business-day	66959
statement required by division (A) of this section shall contain	66960
the information required by divisions (B)(1) to (4), (C)(2), and,	66961
if appropriate, (C)(3) of this section. Each statement shall be	66962
signed as required by division (C)(1) of this section.	66963

(D)(1) Prior to receiving a contribution or making an	66964
expenditure, every campaign committee, political action committee,	66965
legislative campaign fund, political party, or political	66966
contributing entity shall appoint a treasurer and shall file, on a	66967
form prescribed by the secretary of state, a designation of that	66968
appointment, including the full name and address of the treasurer	66969
and of the campaign committee, political action committee,	66970
legislative campaign fund, political party, or political	66971
contributing entity. That designation shall be filed with the	66972
official with whom the campaign committee, political action	66973
committee, legislative campaign fund, political party, or	66974
political contributing entity is required to file statements under	66975
section 3517.11 of the Revised Code. The name of a campaign	66976
committee shall include at least the last name of the campaign	66977
committee's candidate. If two or more candidates are the	66978
beneficiaries of a single campaign committee under division (B) of	66979
section 3517.081 of the Revised Code, the name of the campaign	66980
committee shall include at least the last name of each candidate	66981
who is a beneficiary of that campaign committee. The secretary of	66982
state shall assign a registration number to each political action	66983
committee that files a designation of the appointment of a	66984
treasurer under this division if the political action committee is	66985
required by division (A)(1) of section 3517.11 of the Revised Code	66986
to file the statements prescribed by this section with the	66987
secretary of state.	66988

(2) The treasurer appointed under division (D)(1) of this	66989
section shall keep a strict account of all contributions, from	66990
whom received and the purpose for which they were disbursed.	66991

(3)(a) Except as otherwise provided in section 3517.108 of	66992
the Revised Code, a campaign committee shall deposit all monetary	66993
contributions received by the committee into an account separate	66994
from a personal or business account of the candidate or campaign	66995
committee.	66996

(b) A political action committee shall deposit all monetary	66997
contributions received by the committee into an account separate	66998
from all other funds.	66999

(c) A state or county political party may establish a state	67000
candidate fund that is separate from an account that contains the	67001
public moneys received from the Ohio political party fund under	67002
section 3517.17 of the Revised Code and from all other funds. A	67003
state or county political party may deposit into its state	67004
candidate fund any amounts of monetary contributions that are made	67005
to or accepted by the political party subject to the applicable	67006
limitations, if any, prescribed in section 3517.102 of the Revised	67007
Code. A state or county political party shall deposit all other	67008
monetary contributions received by the party into one or more	67009
accounts that are separate from its state candidate fund and from	67010
its account that contains the public moneys received from the Ohio	67011
political party fund under section 3517.17 of the Revised Code.	67012

(d) Each state political party shall have only one	67013
legislative campaign fund for each house of the general assembly.	67014
Each such fund shall be separate from any other funds or accounts	67015
of that state party. A legislative campaign fund is authorized to	67016
receive contributions and make expenditures for the primary	67017
purpose of furthering the election of candidates who are members	67018
of that political party to the house of the general assembly with	67019
which that legislative campaign fund is associated. Each	67020
legislative campaign fund shall be administered and controlled in	67021
a manner designated by the caucus. As used in this division,	67022
"caucus" has the same meaning as in section 3517.01 of the Revised	67023
Code and includes, as an ex officio member, the chairperson of the	67024
state political party with which the caucus is associated or that	67025
chairperson's designee.	67026

(4) Every expenditure in excess of twenty-five dollars shall	67027
be vouched for by a receipted bill, stating the purpose of the	67028
expenditure, that shall be filed with the statement of	67029
expenditures. A canceled check with a notation of the purpose of	67030
the expenditure is a receipted bill for purposes of division	67031
(D)(4) of this section.	67032

(5) The secretary of state or the board of elections, as the	67033
case may be, shall issue a receipt for each statement filed under	67034
this section and shall preserve a copy of the receipt for a period	67035
of at least six years. All statements filed under this section	67036
shall be open to public inspection in the office where they are	67037
filed and shall be carefully preserved for a period of at least	67038
six years after the year in which they are filed.	67039

(6) The secretary of state, by rule adopted pursuant to	67040
section 3517.23 of the Revised Code, shall prescribe both of the	67041
following:	67042

(a) The manner of immediately acknowledging, with date and	67043
time received, and preserving the receipt of statements that are	67044
transmitted by electronic means of transmission to the secretary	67045
of state pursuant to this section or section 3517.106, 3517.1011,	67046
3517.1012, 3517.1013, or 3517.1014 of the Revised Code;	67047

(b) The manner of preserving the contribution and	67048
expenditure, contribution and disbursement, deposit and	67049
disbursement, gift and disbursement, or donation and disbursement	67050
information in the statements described in division (D)(6)(a) of	67051
this section. The secretary of state shall preserve the	67052
contribution and expenditure, contribution and disbursement,	67053
deposit and disbursement, gift and disbursement, or donation and	67054
disbursement information in those statements for at least ten	67055
years after the year in which they are filed by electronic means	67056
of transmission.	67057

(7) The secretary of state, pursuant to division (I) of	67058
section 3517.106 of the Revised Code, shall make available online	67059
to the public through the internet the contribution and	67060
expenditure, contribution and disbursement, deposit and	67061
disbursement, gift and disbursement, or donation and disbursement	67062
information in all statements, all addenda, amendments, or other	67063
corrections to statements, and all amended statements filed with	67064
the secretary of state by electronic or other means of	67065
transmission under this section, division (B)(2)(b) or (C)(2)(b)	67066
of section 3517.105, or section 3517.106, 3517.1011, 3517.1012,	67067
3517.1013, 3517.1014, or 3517.11 of the Revised Code. The	67068
secretary of state may remove the information from the internet	67069
after a reasonable period of time.	67070

(E)(1) Any person, political party, campaign committee,	67071
legislative campaign fund, political action committee, or	67072
political contributing entity that makes a contribution in	67073
connection with the nomination or election of any candidate or in	67074
connection with any ballot issue or question at any election held	67075
or to be held in this state shall provide its full name and	67076
address to the recipient of the contribution at the time the	67077
contribution is made. The political action committee also shall	67078
provide the registration number assigned to the committee under	67079
division (D)(1) of this section to the recipient of the	67080
contribution at the time the contribution is made.	67081

(2) Any individual who makes a contribution that exceeds one	67082
hundred dollars to a political action committee, political	67083
contributing entity, legislative campaign fund, or political party	67084
or to a campaign committee of a statewide candidate or candidate	67085
for the office of member of the general assembly shall provide the	67086
name of the individual's current employer, if any, or, if the	67087
individual is self-employed, the individual's occupation and the	67088
name of the individual's business, if any, to the recipient of the	67089
contribution at the time the contribution is made. Sections	67090
3599.39 and 3599.40 of the Revised Code do not apply to division	67091
(E)(2) of this section.	67092

(3) If a campaign committee shows that it has exercised its	67093
best efforts to obtain, maintain, and submit the information	67094
required under divisions (B)(4)(b)(ii) and (iii) of this section,	67095
that committee is considered to have met the requirements of those	67096
divisions. A campaign committee shall not be considered to have	67097
exercised its best efforts unless, in connection with written	67098
solicitations, it regularly includes a written request for the	67099
information required under division (B)(4)(b)(ii) of this section	67100
from the contributor or the information required under division	67101
(B)(4)(b)(iii) of this section from whoever transmits the	67102
contribution.	67103

(4) Any check that a political action committee uses to make	67104
a contribution or an expenditure shall contain the full name and	67105
address of the committee and the registration number assigned to	67106
the committee under division (D)(1) of this section.	67107

(F) As used in this section:

67108

(1)(a) Except as otherwise provided in division (F)(1) of	67109
this section, "address" means all of the following if they exist:	67110
apartment number, street, road, or highway name and number, rural	67111
delivery route number, city or village, state, and zip code as	67112
used in a person's post-office address, but not post-office box.	67113

(b) Except as otherwise provided in division (F)(1) of this	67114
section, if an address is required in this section, a post-office	67115
box and office, room, or suite number may be included in addition	67116
to, but not in lieu of, an apartment, street, road, or highway	67117
name and number.	67118

(c) If an address is required in this section, a campaign	67119
committee, political action committee, legislative campaign fund,	67120
political party, or political contributing entity may use the	67121
business or residence address of its treasurer or deputy	67122
treasurer. The post-office box number of the campaign committee,	67123
political action committee, legislative campaign fund, political	67124
party, or political contributing entity may be used in addition to	67125
that address.	67126

(d) For the sole purpose of a campaign committee's reporting	67127
of contributions on a statement of contributions received under	67128
division (B)(4) of this section, "address" has one of the	67129
following meanings at the option of the campaign committee:	67130

(i) The same meaning as in division (F)(1)(a) of this	67131
section;	67132

(ii) All of the following, if they exist: the contributor's	67133
post-office box number and city or village, state, and zip code as	67134
used in the contributor's post-office address.	67135

(e) As used with regard to the reporting under this section	67136
of any expenditure, "address" means all of the following if they	67137
exist: apartment number, street, road, or highway name and number,	67138
rural delivery route number, city or village, state, and zip code	67139
as used in a person's post-office address, or post-office box. If	67140
an address concerning any expenditure is required in this section,	67141
a campaign committee, political action committee, legislative	67142
campaign fund, political party, or political contributing entity	67143
may use the business or residence address of its treasurer or	67144
deputy treasurer or its post-office box number.	67145

(2) "Statewide candidate" means the joint candidates for the	67146
offices of governor and lieutenant governor or a candidate for the	67147
office of secretary of state, auditor of state, treasurer of	67148
state, attorney general, member of the state board of education,	67149
chief justice of the supreme court, or justice of the supreme	67150
court.	67151

(3) "Candidate for county office" means a candidate for the	67152
office of county auditor, county treasurer, clerk of the court of	67153
common pleas, judge of the court of common pleas, sheriff, county	67154
recorder, county engineer, county commissioner, prosecuting	67155
attorney, or coroner.	67156

(G) An independent expenditure shall be reported whenever and	67157
in the same manner that an expenditure is required to be reported	67158
under this section and shall be reported pursuant to division	67159
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.	67160

(H)(1) Except as otherwise provided in division (H)(2) of	67161
this section, if, during the combined pre-election and	67162
postelection reporting periods for an election, a campaign	67163
committee has received contributions of five hundred dollars or	67164
less and has made expenditures in the total amount of five hundred	67165
dollars or less, it may file a statement to that effect, under	67166
penalty of election falsification, in lieu of the statement	67167
required by division (A)(2) of this section. The statement shall	67168
indicate the total amount of contributions received and the total	67169
amount of expenditures made during those combined reporting	67170
periods.	67171

(2) In the case of a successful candidate at a primary	67172
election, if either the total contributions received by or the	67173
total expenditures made by the candidate's campaign committee	67174
during the preprimary, postprimary, pregeneral, and postgeneral	67175
election periods combined equal more than five hundred dollars,	67176
the campaign committee may file the statement under division	67177
(H)(1) of this section only for the primary election. The first	67178
statement that the campaign committee files in regard to the	67179
general election shall reflect all contributions received and all	67180
expenditures made during the preprimary and postprimary election	67181
periods.	67182

(3) Divisions (H)(1) and (2) of this section do not apply if	67183
a campaign committee receives contributions or makes expenditures	67184
prior to the first day of January of the year of the election at	67185
which the candidate seeks nomination or election to office or if	67186
the campaign committee does not file a termination statement with	67187
its postprimary election statement in the case of an unsuccessful	67188
primary election candidate or with its postgeneral election	67189
statement in the case of other candidates.	67190

(I) In the case of a contribution made by a partner of a	67191
partnership or an owner or a member of another unincorporated	67192
business from any funds of the partnership or other unincorporated	67193
business, all of the following apply:	67194

(1) The recipient of the contribution shall report the	67195
contribution by listing both the partnership or other	67196
unincorporated business and the name of the partner, owner, or	67197
member making the contribution.	67198

(2) In reporting the contribution, the recipient of the	67199
contribution shall be entitled to conclusively rely upon the	67200
information provided by the partnership or other unincorporated	67201
business, provided that the information includes one of the	67202
following:	67203

(a) The name of each partner, owner, or member as of the date	67204
of the contribution or contributions, and a statement that the	67205
total contributions are to be allocated equally among all of the	67206
partners, owners, or members; or	67207

(b) The name of each partner, owner, or member as of the date	67208
of the contribution or contributions who is participating in the	67209
contribution or contributions, and a statement that the	67210
contribution or contributions are to be allocated to those	67211
individuals in accordance with the information provided by the	67212
partnership or other unincorporated business to the recipient of	67213
the contribution.	67214

(3) For purposes of section 3517.102 of the Revised Code, the	67215
contribution shall be considered to have been made by the partner,	67216
owner, or member reported under division (I)(1) of this section.	67217

(4) No contribution from a partner of a partnership or an	67218
owner or a member of another unincorporated business shall be	67219
accepted from any funds of the partnership or other unincorporated	67220
business unless the recipient reports the contribution under	67221
division (I)(1) of this section together with the information	67222
provided under division (I)(2) of this section.	67223

(5) No partnership or other unincorporated business shall	67224
make a contribution or contributions solely in the name of the	67225
partnership or other unincorporated business.	67226

(6) As used in division (I) of this section, "partnership or	67227
other unincorporated business" includes, but is not limited to, a	67228
cooperative, a sole proprietorship, a general partnership, a	67229
limited partnership, a limited partnership association, a limited	67230
liability partnership, and a limited liability company.	67231

(J) A candidate shall have only one campaign committee at any	67232
given time for all of the offices for which the person is a	67233
candidate or holds office.	67234

(K)(1) In addition to filing a designation of appointment of	67235
a treasurer under division (D)(1) of this section, the campaign	67236
committee of any candidate for an elected municipal office that	67237
pays an annual amount of compensation of five thousand dollars or	67238
less, the campaign committee of any candidate for member of a	67239
board of education except member of the state board of education,	67240
or the campaign committee of any candidate for township trustee or	67241
township fiscal officer may sign, under penalty of election	67242
falsification, a certificate attesting that the committee will not	67243
accept contributions during an election period that exceed in the	67244
aggregate two thousand dollars from all contributors and one	67245
hundred dollars from any one individual, and that the campaign	67246
committee will not make expenditures during an election period	67247
that exceed in the aggregate two thousand dollars.	67248

The certificate shall be on a form prescribed by the	67249
secretary of state and shall be filed not later than ten days	67250
after the candidate files a declaration of candidacy and petition,	67251
a nominating petition, or a declaration of intent to be a write-in	67252
candidate.	67253

(2) Except as otherwise provided in division (K)(3) of this	67254
section, a campaign committee that files a certificate under	67255
division (K)(1) of this section is not required to file the	67256
statements required by division (A) of this section.	67257

(3) If, after filing a certificate under division (K)(1) of	67258
this section, a campaign committee exceeds any of the limitations	67259
described in that division during an election period, the	67260
certificate is void and thereafter the campaign committee shall	67261
file the statements required by division (A) of this section. If	67262
the campaign committee has not previously filed a statement, then	67263
on the first statement the campaign committee is required to file	67264
under division (A) of this section after the committee's	67265
certificate is void, the committee shall report all contributions	67266
received and expenditures made from the time the candidate filed	67267
the candidate's declaration of candidacy and petition, nominating	67268
petition, or declaration of intent to be a write-in candidate.	67269

(4) As used in division (K) of this section, "election	67270
period" means the period of time beginning on the day a person	67271
files a declaration of candidacy and petition, nominating	67272
petition, or declaration of intent to be a write-in candidate	67273
through the day of the election at which the person seeks	67274
nomination to office if the person is not elected to office, or,	67275
if the candidate was nominated in a primary election, the day of	67276
the election at which the candidate seeks office.	67277

(L) A political contributing entity that receives	67278
contributions from the dues, membership fees, or other assessments	67279
of its members or from its officers, shareholders, and employees	67280
may report the aggregate amount of contributions received from	67281
those contributors and the number of individuals making those	67282
contributions, for each filing period under divisions (A)(1), (2),	67283
(3), and (4) of this section, rather than reporting information as	67284
required under division (B)(4) of this section, including, when	67285
applicable, the name of the current employer, if any, of a	67286
contributor whose contribution exceeds one hundred dollars or, if	67287
such a contributor is self-employed, the contributor's occupation	67288
and the name of the contributor's business, if any. Division	67289
(B)(4) of this section applies to a political contributing entity	67290
with regard to contributions it receives from all other	67291
contributors.	67292

Sec. 3517.101. (A) As used in this section:

67293

(1) "Gift" means a gift, subscription, loan, advance, or	67294
deposit of money or anything of value, given to ~~a state or county~~	67295
~~political party~~an entity described in division (C) of this	67296
section, that is specifically designated and used to defray any	67297
cost incurred on or after the effective date of this ~~section~~	67298
amendment for any of the ~~construction, renovation, or purchase of~~	67299
~~any office facility~~following purposes, and that is not used	67300
solely for the purpose of directly influencing the election of any	67301
individual candidate in any particular election for any office:	67302

(a) The construction, renovation, purchase, or lease of an	67303
office facility and any real property taxes associated with the	67304
facility;	67305

(b) Furniture and fixtures to be installed in an office	67306
facility;	67307

(c) Equipment and supplies to be used in an office facility,	67308
including telecommunications and computer hardware and software;	67309

(d) The operating costs, maintenance, and repair of an office	67310
facility, other than personnel costs.	67311

(2) "Address" has the meaning given in division (F) of	67312
section 3517.10 of the Revised Code.	67313

(3) "Person" means an individual, partnership, unincorporated	67314
business organization or association, political action committee,	67315
political contributing entity, separate segregated fund,	67316
association, labor organization, corporation, or other	67317
organization or group of persons, other than a public utility as	67318
defined in section 4905.02 of the Revised Code.	67319

(4) "Political party" means only a major political party.

67320

(B) Any person~~, including a corporation engaged in business~~	67321
~~in this state but not including a public utility,~~ may make a gift	67322
to ~~a state or county political party~~an entity described in	67323
division (C) of this section if the gift is specifically	67324
designated and used to defray any cost incurred on or after the	67325
effective date of this ~~section~~amendment for the ~~construction,~~	67326
~~renovation, or purchase of any office facility that is not used~~	67327
~~solely for the purpose of directly influencing the election of any~~	67328
~~individual candidate in any particular election for any office~~	67329
~~and, if it~~purposes described in division (A)(1) of this section.	67330
~~is a~~A gift of money ~~from a corporation engaged in business in~~	67331
~~this state, if the gift does~~shall not exceed ten ~~per cent of the~~	67332
~~cost of the construction, renovation, or purchase~~thousand	67333
dollars per calendar year, as adjusted under section 3517.104 of	67334
the Revised Code. Such gift shall not be considered a contribution	67335
or expenditure prohibited by any section of the Revised Code.	67336

(C) Any of the following entities may receive a gift under	67337
this section:	67338

(1) A state political party;

67339

(2) A county political party;

67340

(3) A legislative campaign fund.

67341

(D)(1) Each ~~state or county political party~~entity that	67342
receives a gift pursuant to this section shall file on a form	67343
prescribed by the secretary of state, a full, true, and itemized	67344
statement describing the gift received and how it was disbursed.	67345
The statement shall be made under penalty of election	67346
falsification and shall be filed not later than four p.m. of the	67347
last day of January of every year to reflect gifts received and	67348
disbursed during the immediately preceding calendar year.	67349

(2) Each statement required under division ~~(C)~~(D)(1) of this	67350
section shall contain all of the following information:	67351

(a) The full name and address of the ~~state or county~~	67352
~~political party~~entity filing the statement, including its	67353
treasurer;	67354

(b) A description of each gift received, which shall include:

67355

(i) The month, day, and year on which the gift was received;

67356

(ii) The full name and address of each person from whom or	67357
from which the gift was received;	67358

(iii) The nature of the gift, if other than money;

67359

(iv) The value of the gift in dollars and cents.

67360

Each gift received shall be itemized separately regardless of	67361
its amount or value.	67362

67363

(d) The total value of gifts received and gifts disbursed	67364
during each reporting period;	67365

(e) The total ~~cost of~~costs incurred for the ~~construction,~~	67366
~~renovation, or purchase of any office facility~~purposes for which	67367
a gift is used.	67368

~~(D)~~(E)(1) All monetary gifts and all income from the lease or	67369
rental of an office facility for which a gift is used shall be	67370
deposited in an account separate from other funds and maintained	67371
in that separate account. ~~Except as provided in division (D)(2) of~~	67372
~~this section, moneys~~Moneys in the account shall be used only for	67373
the ~~construction, renovation, or purchase of an office facility as~~	67374
purposes described in division ~~(B)~~(A)(1) of this section.	67375

(2) ~~Any moneys remaining in an account under division (D)(1)~~	67376
~~of this section after the construction, renovation, or purchase of~~	67377
~~an office facility shall be used only for the maintenance and~~	67378
~~repair of the facility or for the construction, renovation, or~~	67379
~~purchase of another office facility as described in division (B)~~	67380
~~of this section and shall not be used for operating costs of the~~	67381
~~facility or for any other purpose.~~	67382

~~(3)~~ When ~~a state or county political party~~an entity	67383
described in division (C) of this section sells an office facility	67384
that was constructed, renovated, or purchased in whole or in part	67385
from monetary gifts or sells furniture, fixtures, equipment, or	67386
supplies that were purchased in whole or in part from monetary	67387
gifts, the ~~party~~entity shall deposit in the account under	67388
division ~~(D)~~(E)(1) of this section an amount that is the same	67389
percentage of the total proceeds of the sale as the monetary gifts	67390
~~used in the construction, renovation, or purchase of the facility~~	67391
were of the total cost of ~~that construction, renovation, or~~	67392
~~purchase~~those goods or services. Proceeds deposited in the	67393
account shall be used only for the ~~construction, renovation, or~~	67394
~~purchase of another office facility as~~purposes described in	67395
division ~~(B)~~(A)(1) of this section.	67396

~~(E)~~(F) A state political party or a legislative campaign fund	67397
shall file a statement required under this section with the	67398
secretary of state and a county political party shall file a	67399
statement required under this section with the board of elections	67400
of the county in which the party is located.	67401

~~(F)~~(G)(1) No ~~state or county political party~~entity shall	67402
fail to file a statement required to be filed under this section.	67403

(2) No ~~state or county political party~~entity shall knowingly	67404
fail to report, or shall knowingly misrepresent, a gift required	67405
to be reported on a statement required to be filed under this	67406
section.	67407

~~(G)~~(H) No ~~state or county political party~~entity shall expend	67408
or use a gift for a purpose other than ~~to defray any cost incurred~~	67409
~~on or after the effective date of this section for the~~	67410
~~construction, renovation, or purchase of an office facility as~~the	67411
purposes described in division ~~(B)~~(A)(1) of this section ~~or for~~	67412
~~the maintenance and repair of such a facility as provided in~~	67413
~~division (D)(2) of this section~~.	67414

~~(H)~~(I) Prior to receiving any gift under this section, every	67415
~~political party~~entity shall appoint a treasurer and file, on a	67416
form prescribed by the secretary of state, a designation of the	67417
appointment, including the full name and address of the ~~political~~	67418
~~party~~entity. The designation shall be filed with the official	67419
with whom the ~~political party~~entity is required to file	67420
statements under division (E) of this section. The treasurer shall	67421
keep a strict account of all gifts required to be reported under	67422
this section. The secretary of state or board of elections, as the	67423
case may be, shall, if requested, issue a receipt for each	67424
statement filed under this section and preserve a record of the	67425
filing for at least six years. All such statements shall be open	67426
to public inspection in the office where they are filed, and shall	67427
be carefully preserved for a period of at least six years after	67428
the year in which they are filed.	67429

Sec. 3517.102. (A) Except as otherwise provided in section	67430
3517.103 of the Revised Code, as used in this section and sections	67431
3517.103 and 3517.104 of the Revised Code:	67432

(1) "Candidate" has the same meaning as in section 3517.01 of	67433
the Revised Code but includes only candidates for the offices of	67434
governor, lieutenant governor, secretary of state, auditor of	67435
state, treasurer of state, attorney general, member of the state	67436
board of education, member of the general assembly, chief justice	67437
of the supreme court, and justice of the supreme court.	67438

(2) "Statewide candidate" or "any one statewide candidate"	67439
means the joint candidates for the offices of governor and	67440
lieutenant governor or a candidate for the office of secretary of	67441
state, auditor of state, treasurer of state, attorney general,	67442
member of the state board of education, chief justice of the	67443
supreme court, or justice of the supreme court.	67444

(3) "Senate candidate" means a candidate for the office of	67445
state senator.	67446

(4) "House candidate" means a candidate for the office of	67447
state representative.	67448

(5)(a) "Primary election period" for a candidate begins on	67449
the beginning date of the candidate's pre-filing period specified	67450
in division (A)(9) of section 3517.109 of the Revised Code and	67451
ends on the day of the primary election.	67452

(b) In regard to any candidate, the "general election period"	67453
begins on the day after the primary election immediately preceding	67454
the general election at which the candidate seeks an office	67455
specified in division (A)(1) of this section and ends on the	67456
thirty-first day of December following that general election.	67457

(6) "State candidate fund" means the state candidate fund	67458
established by a state or county political party under division	67459
(D)(3)(c) of section 3517.10 of the Revised Code.	67460

(7) "Postgeneral election statement" means the statement	67461
filed under division (A)(2) of section 3517.10 of the Revised Code	67462
by the campaign committee of a candidate after the general	67463
election in which the candidate ran for office or filed by	67464
legislative campaign fund after the general election in an	67465
even-numbered year.	67466

(8) "Contribution" means any contribution that is required to	67467
be reported in the statement of contributions under section	67468
3517.10 of the Revised Code.	67469

(9)(a) Except as otherwise provided in division (A)(9)(b) of	67470
this section ~~and in division (F) of section 3517.103 and division~~	67471
~~(B)(3)(b) of section 3517.1010 of the Revised Code~~, "designated	67472
state campaign committee" means:	67473

(i) In the case of contributions to or from a state political	67474
party, a campaign committee of a statewide candidate, statewide	67475
officeholder, senate candidate, house candidate, or member of the	67476
general assembly.	67477

(ii) In the case of contributions to or from a county	67478
political party, a campaign committee of a senate candidate or	67479
house candidate whose candidacy is to be submitted to some or all	67480
of the electors in that county, or member of the general assembly	67481
whose district contains all or part of that county.	67482

(iii) In the case of contributions to or from a legislative	67483
campaign fund, a campaign committee of any of the following:	67484

(I) A senate or house candidate who, if elected, will be a	67485
member of the same party that established the legislative campaign	67486
fund and the same house with which the legislative campaign fund	67487
is associated;	67488

(II) A state senator or state representative who is a member	67489
of the same party that established the legislative campaign fund	67490
and the same house with which the legislative campaign fund is	67491
associated.	67492

(b) A campaign committee is no longer a "designated state	67493
campaign committee" after the campaign committee's candidate	67494
changes the designation of treasurer required to be filed under	67495
division (D)(1) of section 3517.10 of the Revised Code to indicate	67496
that the person intends to be a candidate for, or becomes a	67497
candidate for nomination or election to, any office that, if	67498
elected, would not qualify that candidate's campaign committee as	67499
a "designated state campaign committee" under division (A)(9)(a)	67500
of this section.	67501

(B)(1)(a) No individual who is seven years of age or older	67502
shall make a contribution or contributions aggregating more than:	67503

(i) Ten thousand dollars to the campaign committee of any one	67504
statewide candidate in a primary election period or in a general	67505
election period;	67506

(ii) Ten thousand dollars to the campaign committee of any	67507
one senate candidate in a primary election period or in a general	67508
election period;	67509

(iii) Ten thousand dollars to the campaign committee of any	67510
one house candidate in a primary election period or in a general	67511
election period;	67512

(iv) Ten thousand dollars to a county political party of the	67513
county in which the individual's designated Ohio residence is	67514
located for the party's state candidate fund in a calendar year;	67515

(v) Fifteen thousand dollars to any one legislative campaign	67516
fund in a calendar year;	67517

(vi) Thirty thousand dollars to any one state political party	67518
for the party's state candidate fund in a calendar year;	67519

(vii) Ten thousand dollars to any one political action	67520
committee in a calendar year;	67521

(viii) Ten thousand dollars to any one political contributing	67522
entity in a calendar year.	67523

(b) No individual shall make a contribution or contributions	67524
to the state candidate fund of a county political party of any	67525
county other than the county in which the individual's designated	67526
Ohio residence is located.	67527

(c) No individual who is under seven years of age shall make	67528
any contribution.	67529

(2)(a) Subject to division (D)(1) of this section, no	67530
political action committee shall make a contribution or	67531
contributions aggregating more than:	67532

(i) Ten thousand dollars to the campaign committee of any one	67533
statewide candidate in a primary election period or in a general	67534
election period;	67535

(ii) Ten thousand dollars to the campaign committee of any	67536
one senate candidate in a primary election period or in a general	67537
election period;	67538

(iii) Ten thousand dollars to the campaign committee of any	67539
one house candidate in a primary election period or in a general	67540
election period;	67541

(iv) Fifteen thousand dollars to any one legislative campaign	67542
fund in a calendar year;	67543

(v) Thirty thousand dollars to any one state political party	67544
for the party's state candidate fund in a calendar year;	67545

(vi) Ten thousand dollars to another political action	67546
committee or to a political contributing entity in a calendar	67547
year. This division does not apply to a political action committee	67548
that makes a contribution to a political action committee or a	67549
political contributing entity affiliated with it. For purposes of	67550
this division, a political action committee is affiliated with	67551
another political action committee or with a political	67552
contributing entity if they are both established, financed,	67553
maintained, or controlled by, or if they are, the same	67554
corporation, organization, labor organization, continuing	67555
association, or other person, including any parent, subsidiary,	67556
division, or department of that corporation, organization, labor	67557
organization, continuing association, or other person.	67558

(b) No political action committee shall make a contribution	67559
or contributions to a county political party for the party's state	67560
candidate fund.	67561

(3) No campaign committee shall make a contribution or	67562
contributions aggregating more than:	67563

(a) Ten thousand dollars to the campaign committee of any one	67564
statewide candidate in a primary election period or in a general	67565
election period;	67566

(b) Ten thousand dollars to the campaign committee of any one	67567
senate candidate in a primary election period or in a general	67568
election period;	67569

(c) Ten thousand dollars to the campaign committee of any one	67570
house candidate in a primary election period or in a general	67571
election period;	67572

(d) Ten thousand dollars to any one political action	67573
committee in a calendar year;	67574

(e) Ten thousand dollars to any one political contributing	67575
entity in a calendar year.	67576

(4)(a) Subject to division (D)(3) of this section, no	67577
political party shall make a contribution or contributions	67578
aggregating more than ten thousand dollars to any one political	67579
action committee or to any one political contributing entity in a	67580
calendar year.	67581

(b) No county political party shall make a contribution or	67582
contributions to another county political party.	67583

(5)(a) Subject to division (B)(5)(b) of this section, no	67584
campaign committee, other than a designated state campaign	67585
committee, shall make a contribution or contributions aggregating	67586
in a calendar year more than:	67587

(i) Thirty thousand dollars to any one state political party	67588
for the party's state candidate fund;	67589

(ii) Fifteen thousand dollars to any one legislative campaign	67590
fund;	67591

(iii) Ten thousand dollars to any one county political party	67592
for the party's state candidate fund.	67593

(b) No campaign committee shall make a contribution or	67594
contributions to a county political party for the party's state	67595
candidate fund unless one of the following applies:	67596

(i) The campaign committee's candidate will appear on a	67597
ballot in that county.	67598

(ii) The campaign committee's candidate is the holder of an	67599
elected public office that represents all or part of the	67600
population of that county at the time the contribution is made.	67601

(6)(a) No state candidate fund of a county political party	67602
shall make a contribution or contributions, except a contribution	67603
or contributions to a designated state campaign committee, in a	67604
primary election period or a general election period, aggregating	67605
more than:	67606

(i) Two hundred fifty thousand dollars to the campaign	67607
committee of any one statewide candidate;	67608

(ii) Ten thousand dollars to the campaign committee of any	67609
one senate candidate;	67610

(iii) Ten thousand dollars to the campaign committee of any	67611
one house candidate.	67612

(b)(i) No state candidate fund of a state or county political	67613
party shall make a transfer or a contribution or transfers or	67614
contributions of cash or cash equivalents to a designated state	67615
campaign committee in a primary election period or in a general	67616
election period aggregating more than:	67617

(I) Five hundred thousand dollars to the campaign committee	67618
of any one statewide candidate;	67619

(II) One hundred thousand dollars to the campaign committee	67620
of any one senate candidate;	67621

(III) Fifty thousand dollars to the campaign committee of any	67622
one house candidate.	67623

(ii) No legislative campaign fund shall make a transfer or a	67624
contribution or transfers or contributions of cash or cash	67625
equivalents to a designated state campaign committee aggregating	67626
more than:	67627

(I) Fifty thousand dollars in a primary election period or	67628
one hundred thousand dollars in a general election period to the	67629
campaign committee of any one senate candidate;	67630

(II) Twenty-five thousand dollars in a primary election	67631
period or fifty thousand dollars in a general election period to	67632
the campaign committee of any one house candidate.	67633

(iii) As used in divisions (B)(6)(b) and (C)(6) of this	67634
section, "transfer or contribution of cash or cash equivalents"	67635
does not include any in-kind contributions.	67636

(c) A county political party that has no state candidate fund	67637
and that is located in a county having a population of less than	67638
one hundred fifty thousand may make one or more contributions from	67639
other accounts to any one statewide candidate or to any one	67640
designated state campaign committee that do not exceed, in the	67641
aggregate, two thousand five hundred dollars in any primary	67642
election period or general election period. As used in this	67643
division, "other accounts" does not include an account that	67644
contains the public moneys received from the Ohio political party	67645
fund under section 3517.17 of the Revised Code.	67646

(d) No legislative campaign fund shall make a contribution,	67647
other than to a designated state campaign committee or to the	67648
state candidate fund of a political party.	67649

(7)(a) Subject to division (D)(1) of this section, no	67650
political contributing entity shall make a contribution or	67651
contributions aggregating more than:	67652

(i) Ten thousand dollars to the campaign committee of any one	67653
statewide candidate in a primary election period or in a general	67654
election period;	67655

(ii) Ten thousand dollars to the campaign committee of any	67656
one senate candidate in a primary election period or in a general	67657
election period;	67658

(iii) Ten thousand dollars to the campaign committee of any	67659
one house candidate in a primary election period or in a general	67660
election period;	67661

(iv) Fifteen thousand dollars to any one legislative campaign	67662
fund in a calendar year;	67663

(v) Thirty thousand dollars to any one state political party	67664
for the party's state candidate fund in a calendar year;	67665

(vi) Ten thousand dollars to another political contributing	67666
entity or to a political action committee in a calendar year. This	67667
division does not apply to a political contributing entity that	67668
makes a contribution to a political contributing entity or a	67669
political action committee affiliated with it. For purposes of	67670
this division, a political contributing entity is affiliated with	67671
another political contributing entity or with a political action	67672
committee if they are both established, financed, maintained, or	67673
controlled by, or if they are, the same corporation, organization,	67674
labor organization, continuing association, or other person,	67675
including any parent, subsidiary, division, or department of that	67676
corporation, organization, labor organization, continuing	67677
association, or other person.	67678

(b) No political contributing entity shall make a	67679
contribution or contributions to a county political party for the	67680
party's state candidate fund.	67681

(C)(1)(a) Subject to division (D)(1) of this section, no	67682
campaign committee of a statewide candidate shall do any of the	67683
following:	67684

(i) Knowingly accept a contribution or contributions from any	67685
individual who is under seven years of age;	67686

(ii) Accept a contribution or contributions aggregating more	67687
than ten thousand dollars from any one individual who is seven	67688
years of age or older, from any one political action committee,	67689
from any one political contributing entity, or from any one other	67690
campaign committee in a primary election period or in a general	67691
election period;	67692

(iii) Accept a contribution or contributions aggregating more	67693
than two hundred fifty thousand dollars from any one or	67694
combination of state candidate funds of county political parties	67695
in a primary election period or in a general election period.	67696

(b) No campaign committee of a statewide candidate shall	67697
accept a contribution or contributions aggregating more than two	67698
thousand five hundred dollars in a primary election period or in a	67699
general election period from a county political party that has no	67700
state candidate fund and that is located in a county having a	67701
population of less than one hundred fifty thousand.	67702

(2)(a) Subject to division (D)(1) of this section and except	67703
for a designated state campaign committee, no campaign committee	67704
of a senate candidate shall do either of the following:	67705

(i) Knowingly accept a contribution or contributions from any	67706
individual who is under seven years of age;	67707

(ii) Accept a contribution or contributions aggregating more	67708
than ten thousand dollars from any one individual who is seven	67709
years of age or older, from any one political action committee,	67710
from any one political contributing entity, from any one state	67711
candidate fund of a county political party, or from any one other	67712
campaign committee in a primary election period or in a general	67713
election period.	67714

(b) No campaign committee of a senate candidate shall accept	67715
a contribution or contributions aggregating more than two thousand	67716
five hundred dollars in a primary election period or in a general	67717
election period from a county political party that has no state	67718
candidate fund and that is located in a county having a population	67719
of less than one hundred fifty thousand.	67720

(3)(a) Subject to division (D)(1) of this section and except	67721
for a designated state campaign committee, no campaign committee	67722
of a house candidate shall do either of the following:	67723

(i) Knowingly accept a contribution or contributions from any	67724
individual who is under seven years of age;	67725

(ii) Accept a contribution or contributions aggregating more	67726
than ten thousand dollars from any one individual who is seven	67727
years of age or older, from any one political action committee,	67728
from any one political contributing entity, from any one state	67729
candidate fund of a county political party, or from any one other	67730
campaign committee in a primary election period or in a general	67731
election period.	67732

(b) No campaign committee of a house candidate shall accept a	67733
contribution or contributions aggregating more than two thousand	67734
five hundred dollars in a primary election period or in a general	67735
election period from a county political party that has no state	67736
candidate fund and that is located in a county having a population	67737
of less than one hundred fifty thousand.	67738

(4)(a)(i) Subject to division (C)(4)(a)(ii) of this section	67739
and except for a designated state campaign committee, no county	67740
political party shall knowingly accept a contribution or	67741
contributions from any individual who is under seven years of age,	67742
or accept a contribution or contributions for the party's state	67743
candidate fund aggregating more than ten thousand dollars from any	67744
one individual whose designated Ohio residence is located within	67745
that county and who is seven years of age or older or from any one	67746
campaign committee in a calendar year.	67747

(ii) Subject to division (D)(1) of this section, no county	67748
political party shall accept a contribution or contributions for	67749
the party's state candidate fund from any individual whose	67750
designated Ohio residence is located outside of that county and	67751
who is seven years of age or older, from any campaign committee	67752
unless the campaign committee's candidate will appear on a ballot	67753
in that county or unless the campaign committee's candidate is the	67754
holder of an elected public office that represents all or part of	67755
the population of that county at the time the contribution is	67756
accepted, or from any political action committee or any political	67757
contributing entity.	67758

(iii) No county political party shall accept a contribution	67759
or contributions from any other county political party.	67760

(b) Subject to division (D)(1) of this section, no state	67761
political party shall do either of the following:	67762

(i) Knowingly accept a contribution or contributions from any	67763
individual who is under seven years of age;	67764

(ii) Accept a contribution or contributions for the party's	67765
state candidate fund aggregating more than thirty thousand dollars	67766
from any one individual who is seven years of age or older, from	67767
any one political action committee, from any one political	67768
contributing entity, or from any one campaign committee, other	67769
than a designated state campaign committee, in a calendar year.	67770

(5) Subject to division (D)(1) of this section, no	67771
legislative campaign fund shall do either of the following:	67772

(a) Knowingly accept a contribution or contributions from any	67773
individual who is under seven years of age;	67774

(b) Accept a contribution or contributions aggregating more	67775
than fifteen thousand dollars from any one individual who is seven	67776
years of age or older, from any one political action committee,	67777
from any one political contributing entity, or from any one	67778
campaign committee, other than a designated state campaign	67779
committee, in a calendar year.	67780

(6)(a) No designated state campaign committee shall accept a	67781
transfer or contribution of cash or cash equivalents from a state	67782
candidate fund of a state political party aggregating in a primary	67783
election period or a general election period more than:	67784

(i) Five hundred thousand dollars, in the case of a campaign	67785
committee of a statewide candidate;	67786

(ii) One hundred thousand dollars, in the case of a campaign	67787
committee of a senate candidate;	67788

(iii) Fifty thousand dollars, in the case of a campaign	67789
committee of a house candidate.	67790

(b) No designated state campaign committee shall accept a	67791
transfer or contribution of cash or cash equivalents from a	67792
legislative campaign fund aggregating more than:	67793

(i) Fifty thousand dollars in a primary election period or	67794
one hundred thousand dollars in a general election period, in the	67795
case of a campaign committee of a senate candidate;	67796

(ii) Twenty-five thousand dollars in a primary election	67797
period or fifty thousand dollars in a general election period, in	67798
the case of a campaign committee of a house candidate.	67799

(c) No campaign committee of a candidate for the office of	67800
member of the general assembly, including a designated state	67801
campaign committee, shall accept a transfer or contribution of	67802
cash or cash equivalents from any one or combination of state	67803
candidate funds of county political parties aggregating in a	67804
primary election period or a general election period more than:	67805

(i) One hundred thousand dollars, in the case of a campaign	67806
committee of a senate candidate;	67807

(ii) Fifty thousand dollars, in the case of a campaign	67808
committee of a house candidate.	67809

(7)(a) Subject to division (D)(3) of this section, no	67810
political action committee and no political contributing entity	67811
shall do either of the following:	67812

(i) Knowingly accept a contribution or contributions from any	67813
individual who is under seven years of age;	67814

(ii) Accept a contribution or contributions aggregating more	67815
than ten thousand dollars from any one individual who is seven	67816
years of age or older, from any one campaign committee, or from	67817
any one political party in a calendar year.	67818

(b) Subject to division (D)(1) of this section, no political	67819
action committee shall accept a contribution or contributions	67820
aggregating more than ten thousand dollars from another political	67821
action committee or from a political contributing entity in a	67822
calendar year. Subject to division (D)(1) of this section, no	67823
political contributing entity shall accept a contribution or	67824
contributions aggregating more than ten thousand dollars from	67825
another political contributing entity or from a political action	67826
committee in a calendar year. This division does not apply to a	67827
political action committee or political contributing entity that	67828
accepts a contribution from a political action committee or	67829
political contributing entity affiliated with it. For purposes of	67830
this division, a political action committee is affiliated with	67831
another political action committee or with a political	67832
contributing entity if they are both established, financed,	67833
maintained, or controlled by the same corporation, organization,	67834
labor organization, continuing association, or other person,	67835
including any parent, subsidiary, division, or department of that	67836
corporation, organization, labor organization, continuing	67837
association, or other person.	67838

(D)(1)(a) For purposes of the limitations prescribed in	67839
division (B)(2) of this section and the limitations prescribed in	67840
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section,	67841
whichever is applicable, all contributions made by and all	67842
contributions accepted from political action committees that are	67843
established, financed, maintained, or controlled by, or that are,	67844
the same corporation, organization, labor organization, continuing	67845
association, or other person, including any parent, subsidiary,	67846
division, or department of that corporation, organization, labor	67847
organization, continuing association, or other person, are	67848
considered to have been made by or accepted from a single	67849
political action committee.	67850

(b) For purposes of the limitations prescribed in division	67851
(B)(7) of this section and the limitations prescribed in divisions	67852
(C)(1), (2), (3), (4), (5), and (7)(b) of this section, whichever	67853
is applicable, all contributions made by and all contributions	67854
accepted from political contributing entities that are	67855
established, financed, maintained, or controlled by, or that are,	67856
the same corporation, organization, labor organization, continuing	67857
association, or other person, including any parent, subsidiary,	67858
division, or department of that corporation, organization, labor	67859
organization, continuing association, or other person, are	67860
considered to have been made by or accepted from a single	67861
political contributing entity.	67862

(2) As used in divisions (B)(1)(a)(vii), (B)(3)(d),	67863
(B)(4)(a), and (C)(7) of this section, "political action	67864
committee" does not include a political action committee that is	67865
organized to support or oppose a ballot issue or question and that	67866
makes no contributions to or expenditures on behalf of a political	67867
party, campaign committee, legislative campaign fund, political	67868
action committee, or political contributing entity. As used in	67869
divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a), and (C)(7) of	67870
this section, "political contributing entity" does not include a	67871
political contributing entity that is organized to support or	67872
oppose a ballot issue or question and that makes no contributions	67873
to or expenditures on behalf of a political party, campaign	67874
committee, legislative campaign fund, political action committee,	67875
or political contributing entity.	67876

(3) For purposes of the limitations prescribed in divisions	67877
(B)(4) and (C)(7)(a) of this section, all contributions made by	67878
and all contributions accepted from a national political party, a	67879
state political party, and a county political party are considered	67880
to have been made by or accepted from a single political party and	67881
shall be combined with each other to determine whether the	67882
limitations have been exceeded.	67883

(E)(1) If a legislative campaign fund has kept a total amount	67884
of contributions exceeding one hundred fifty thousand dollars at	67885
the close of business on the seventh day before the postgeneral	67886
election statement is required to be filed under section 3517.10	67887
of the Revised Code, the legislative campaign fund shall comply	67888
with division (E)(2) of this section.	67889

(2)(a) Any legislative campaign fund that has kept a total	67890
amount of contributions in excess of the amount specified in	67891
division (E)(1) of this section at the close of business on the	67892
seventh day before the postgeneral election statement is required	67893
to be filed under section 3517.10 of the Revised Code shall	67894
dispose of the excess amount in the manner prescribed in division	67895
(E)(2)(b)(i), (ii), or (iii) of this section not later than ninety	67896
days after the day the postgeneral election statement is required	67897
to be filed under section 3517.10 of the Revised Code. Any	67898
legislative campaign fund that is required to dispose of an excess	67899
amount of contributions under this division shall file a statement	67900
on the ninetieth day after the postgeneral election statement is	67901
required to be filed under section 3517.10 of the Revised Code	67902
indicating the total amount of contributions the fund has at the	67903
close of business on the seventh day before the postgeneral	67904
election statement is required to be filed under section 3517.10	67905
of the Revised Code and that the excess contributions were	67906
disposed of pursuant to this division and division (E)(2)(b) of	67907
this section. The statement shall be on a form prescribed by the	67908
secretary of state and shall contain any additional information	67909
the secretary of state considers necessary.	67910

(b) Any legislative campaign fund that is required to dispose	67911
of an excess amount of contributions under division (E)(2) of this	67912
section shall dispose of that excess amount by doing any of the	67913
following:	67914

(i) Giving the amount to the treasurer of state for deposit	67915
into the state treasury to the credit of the Ohio elections	67916
commission fund created by division (I) of section 3517.152 of the	67917
Revised Code;	67918

(ii) Giving the amount to individuals who made contributions	67919
to that legislative campaign fund as a refund of all or part of	67920
their contributions;	67921

(iii) Giving the amount to a corporation that is exempt from	67922
federal income taxation under subsection 501(a) and described in	67923
subsection 501(c) of the Internal Revenue Code.	67924

(F)(1) No legislative campaign fund shall fail to file a	67925
statement required by division (E) of this section.	67926

(2) No legislative campaign fund shall fail to dispose of	67927
excess contributions as required by division (E) of this section.	67928

(G) Nothing in this section shall affect, be used in	67929
determining, or supersede a limitation on campaign contributions	67930
as provided for in the Federal Election Campaign Act.	67931

Sec. 3517.103. (A)~~(1)~~ For purposes of this section:

67932

~~(a)~~(1) "Statewide candidate" means the joint candidates for	67933
the offices of governor and lieutenant governor or a candidate for	67934
the office of secretary of state, auditor of state, treasurer of	67935
state, attorney general, or member of the state board of	67936
education.	67937

~~(b)(i)~~(2)(a) "Personal funds" means contributions to the	67938
campaign committee of a candidate by the candidate ~~or by the~~	67939
~~candidate's spouse, parents, children, sons-in-law,~~	67940
~~daughters-in-law, brothers, sisters, grandparents, mother-in-law,~~	67941
~~father-in-law, brothers-in-law, sisters-in-law, or grandparents by~~	67942
~~marriage~~.	67943

~~(ii)~~(b) A loan obtained by, guaranteed by, or for the benefit	67944
of a statewide candidate, senate candidate, or house candidate	67945
shall be considered "personal funds" subject to the provisions of	67946
this section ~~and section 3517.1010 of the Revised Code~~ to the	67947
extent that the loan is obtained or guaranteed by the candidate or	67948
~~is for the benefit of the candidate and is obtained or guaranteed~~	67949
~~by the candidate's spouse, parents, children, sons-in-law,~~	67950
~~daughters-in-law, brothers, sisters, grandparents, mother-in-law,~~	67951
~~father-in-law, brothers-in-law, sisters-in-law, or grandparents by~~	67952
~~marriage~~. A loan that is obtained or guaranteed and that is for	67953
the benefit of a statewide candidate, senate candidate, or house	67954
candidate shall not be considered "personal funds" for the	67955
purposes of this section ~~and section 3517.1010 of the Revised Code~~	67956
but shall be considered to be a "contribution" for the purposes of	67957
this chapter if the loan is obtained or guaranteed by anyone other	67958
than the candidate ~~or the candidate's spouse, parents, children,~~	67959
~~sons-in-law, daughters-in-law, brothers, sisters, grandparents,~~	67960
~~mother-in-law, father-in-law, brothers-in-law, sisters-in-law, or~~	67961
~~grandparents by marriage~~.	67962

~~(iii)~~(c) When a debt or other obligation incurred by a	67963
committee or by a candidate on behalf of the candidate's committee	67964
~~described in division (C)(1) or (2) of this section~~ is to be paid	67965
from "personal funds," those funds are considered to be expended	67966
when the debt or other obligation is incurred, regardless of when	67967
it is paid.	67968

~~(2) For purposes of this chapter, a candidate is an~~	67969
~~"opponent" when the candidate has indicated on the candidate's~~	67970
~~most recently filed designation of treasurer that the candidate~~	67971
~~seeks the same office at the same primary or general election as~~	67972
~~another candidate whose campaign committee has filed a personal~~	67973
~~funds notice required by division (C)(1) or (2) of this section.~~	67974

(B)(1) Except as otherwise provided in division (B)(2) of	67975
this section, no statewide candidate or candidate for the office	67976
of member of the general assembly shall make an expenditure of	67977
personal funds to influence the results of an election for that	67978
candidate's nomination or election to office unless the personal	67979
funds are first deposited into the campaign fund of that	67980
candidate's campaign committee.	67981

(2) A statewide candidate or candidate for the office of	67982
member of the general assembly may make an expenditure of personal	67983
funds without first depositing those funds into the campaign	67984
committee's funds as long as the aggregate total of those	67985
expenditures does not exceed five hundred dollars at any time	67986
during an election period. After the candidate's campaign	67987
committee reimburses the candidate for any direct expenditure of	67988
personal funds, the amount that was reimbursed is no longer	67989
included in the aggregate total of expenditures of personal funds	67990
subject to the five-hundred-dollar limit.	67991

~~(C)(1) If the campaign committee of any statewide candidate~~	67992
~~has received or expended or expects to expend more than one~~	67993
~~hundred thousand dollars of personal funds during a primary~~	67994
~~election period or one hundred fifty thousand dollars of personal~~	67995
~~funds during a general election period, the campaign committee~~	67996
~~shall file a personal funds notice in the manner provided in~~	67997
~~division (C)(3) of this section indicating that the committee has~~	67998
~~received or expended or expects to expend more than that amount.~~	67999
~~For the purpose of this division, a joint team of candidates for~~	68000
~~governor and lieutenant governor shall be considered a single~~	68001
~~candidate and their personal funds shall be combined.~~	68002

~~(2) If the campaign committee of any senate candidate or~~	68003
~~house candidate has received or expended or expects to expend more~~	68004
~~than twenty-five thousand dollars of personal funds during a~~	68005
~~primary election period or twenty-five thousand dollars of~~	68006
~~personal funds during a general election period, the campaign~~	68007
~~committee shall file a personal funds notice in the manner~~	68008
~~provided in division (C)(3) of this section indicating that the~~	68009
~~committee has received or expended or expects to expend more than~~	68010
~~that amount.~~	68011

~~(3) The personal funds notice required in divisions (C)(1)~~	68012
~~and (2) of this section and the declaration of no limits required~~	68013
~~under division (D)(2) of this section shall be on a form~~	68014
~~prescribed by the secretary of state. The personal funds notice~~	68015
~~required in divisions (C)(1) and (2) of this section shall be~~	68016
~~filed not later than the earlier of the following times:~~	68017

~~(a) One hundred twenty days before a primary election, in the~~	68018
~~case of personal funds received, expended, or expected to be~~	68019
~~expended during a primary election period, or not later than one~~	68020
~~hundred twenty days before a general election, in the case of~~	68021
~~personal funds received, expended, or expected to be expended~~	68022
~~during a general election period;~~	68023

~~(b) Two business days after the candidate's campaign~~	68024
~~committee receives or makes an expenditure of personal funds or~~	68025
~~the candidate makes an expenditure of personal funds on behalf of~~	68026
~~the candidate's campaign committee during that election period~~	68027
~~that exceed, in the aggregate, the amount specified in division~~	68028
~~(C)(1) or (2) of this section.~~	68029

~~The personal funds notice required under divisions (C)(1) and~~	68030
~~(2) of this section and the declaration of no limits required~~	68031
~~under division (D)(2) of this section shall be filed wherever the~~	68032
~~campaign committee files statements of contributions and~~	68033
~~expenditures under section 3517.11 of the Revised Code. The board~~	68034
~~of elections shall send to the secretary of state a copy of any~~	68035
~~personal funds notice or declaration of no limits filed by the~~	68036
~~campaign committee of a senate candidate or house candidate under~~	68037
~~division (C)(3) or (D)(2) of this section.~~	68038

~~(D)(1) Whenever a campaign committee files a notice under~~	68039
~~division (C)(1) or (2) of this section, and the campaign committee~~	68040
~~of an opponent files a declaration of no limits pursuant to~~	68041
~~division (D)(2) of this section within thirty days of the filing~~	68042
~~of the personal funds notice under division (C)(1) or (2) of this~~	68043
~~section, the contribution limitations prescribed in section~~	68044
~~3517.102 of the Revised Code no longer apply to the campaign~~	68045
~~committee of the candidate's opponent.~~	68046

~~(2) No campaign committee of a candidate described in~~	68047
~~division (D)(1) of this section shall accept any contribution or~~	68048
~~contributions from a contributor that exceed the limitations~~	68049
~~prescribed in section 3517.102 of the Revised Code until the~~	68050
~~committee files a declaration that the committee will accept~~	68051
~~contributions that exceed those limitations. This declaration~~	68052
~~shall be filed not later than thirty days after a candidate's~~	68053
~~opponent has filed a personal funds notice pursuant to division~~	68054
~~(C)(1) or (2) of section 3517.103 of the Revised Code, shall be~~	68055
~~referred to as the "declaration of no limits," and shall list all~~	68056
~~of the following:~~	68057

~~(a) The amount of cash on hand in the candidate's campaign~~	68058
~~fund at the end of the day immediately preceding the day on which~~	68059
~~the candidate's campaign committee files the declaration of no~~	68060
~~limits;~~	68061

~~(b) The value and description of all campaign assets worth~~	68062
~~five hundred dollars or more available to the candidate at the end~~	68063
~~of the day immediately preceding the day on which the candidate's~~	68064
~~campaign committee files the declaration of no limits.~~	68065

~~(3) A candidate who was not an opponent of a candidate who~~	68066
~~filed the personal funds notice required under division (C)(3) of~~	68067
~~this section on the date the personal funds notice was filed may~~	68068
~~file the declaration of no limits pursuant to division (D)(2) of~~	68069
~~this section within thirty days after becoming an opponent of the~~	68070
~~candidate who filed the personal funds notice.~~	68071

~~(4) If the candidate whose campaign committee filed a~~	68072
~~personal funds notice under division (C)(1) or (2) of this section~~	68073
~~fails to file a declaration of candidacy for the office listed on~~	68074
~~the designation of treasurer filed under division (D) of section~~	68075
~~3517.10 of the Revised Code or files a declaration of candidacy or~~	68076
~~nominating petition for that office and dies or withdraws, both of~~	68077
~~the following apply to the campaign committee of that candidate's~~	68078
~~opponent if the opponent has filed a declaration of no limits~~	68079
~~pursuant to division (D) of this section:~~	68080

~~(a) No contribution from a contributor may thereafter be~~	68081
~~accepted that, when added to the aggregate total of all~~	68082
~~contributions received by that committee from that contributor~~	68083
~~during the primary election period or general election period,~~	68084
~~whichever is applicable, would cause that committee to exceed the~~	68085
~~contribution limitations prescribed in section 3517.102 of the~~	68086
~~Revised Code for the applicable election period.~~	68087

~~(b) The statement of primary-day finances or the year-end~~	68088
~~statement required to be filed under division (E) of section~~	68089
~~3517.1010 of the Revised Code shall be filed not later than~~	68090
~~fourteen days after the date the candidate's opponent fails to~~	68091
~~file a declaration of candidacy or nominating petition by the~~	68092
~~appropriate filing deadline, or dies or withdraws. For purposes of~~	68093
~~calculating permitted funds under division (A)(4) of section~~	68094
~~3517.1010 of the Revised Code, the primary or general election~~	68095
~~period, whichever is applicable, shall be considered to have ended~~	68096
~~on the filing deadline, in the case of an opponent who fails to~~	68097
~~file a declaration of candidacy or nominating petition, or on the~~	68098
~~date of the opponent's death or withdrawal. In such an event, the~~	68099
~~filing of a statement of primary-day finances or year-end finances~~	68100
~~and the disposing of any excess funds as required under division~~	68101
~~(B) of section 3517.1010 of the Revised Code satisfies the~~	68102
~~candidate's obligation to file such a statement for that election~~	68103
~~period.~~	68104

~~(E)(1) No campaign committee shall fail to file a personal~~	68105
~~funds notice as required under division (C)(1) or (2) of this~~	68106
~~section.~~	68107

~~(2) No campaign committee shall accept any contribution in~~	68108
~~excess of the contribution limitations prescribed in section~~	68109
~~3517.102 of the Revised Code:~~	68110

~~(a) Unless a declaration of no limits has been filed under~~	68111
~~division (D)(2) of this section;~~	68112

~~(b) In violation of division (D)(4) of this section once the~~	68113
~~candidate who filed a personal funds notice under division (C)(3)~~	68114
~~of this section fails to file a declaration of candidacy or~~	68115
~~nominating petition or that candidate dies or withdraws.~~	68116

~~(3) No campaign committee that violates division (E)(1) of~~	68117
~~this section shall expend any personal funds in excess of the~~	68118
~~amount specified in division (C)(1) or (2) of this section,~~	68119
~~whichever is appropriate to the committee.~~	68120

~~(4) The candidate of any campaign committee that violates~~	68121
~~division (E) of this section shall forfeit the candidate's~~	68122
~~nomination, if the candidate was nominated, or the office to which~~	68123
~~the candidate was elected, if the candidate was elected to office.~~	68124

~~(F)(1) Whenever a campaign committee files a notice under~~	68125
~~division (C)(1) or (2) of this section or whenever the~~	68126
~~contribution limitations prescribed in section 3517.102 of the~~	68127
~~Revised Code do not apply to a campaign committee under division~~	68128
~~(D)(1) of this section, that committee is not a designated state~~	68129
~~campaign committee for the purpose of the limitations prescribed~~	68130
~~in section 3517.102 of the Revised Code with regard to~~	68131
~~contributions made by that campaign committee to a legislative~~	68132
~~campaign fund or to a state candidate fund of a state or county~~	68133
~~political party.~~	68134

~~(2) Division (F)(1) of this section no longer applies to a~~	68135
~~campaign committee after both of the following occur:~~	68136

~~(a) The primary or general election period during which the~~	68137
~~contribution limitations prescribed in section 3517.102 of the~~	68138
~~Revised Code did not apply after being removed pursuant to~~	68139
~~division (D) of this section has expired;~~	68140

~~(b) When the campaign committee has disposed of all excess~~	68141
~~funds and excess aggregate contributions as required under section~~	68142
~~3517.1010 of the Revised Code.~~	68143

Sec. 3517.104. (A) In January of each odd-numbered year, the	68144
secretary of state, in accordance with this division and division	68145
(B) of this section, shall adjust each amount specified in section	68146
3517.102 ~~and~~, in division (B)(4)(e) of section 3517.10, and in	68147
division (B) of section 3517.101 of the Revised Code. The	68148
adjustment shall be based on the yearly average of the previous	68149
two years of the Consumer Price Index for All Urban Consumers or	68150
its successive equivalent, as determined by the United States	68151
department of labor, bureau of labor statistics, or its successor	68152
in responsibility, for all items, Series A. Using the 1996 yearly	68153
average as the base year, the secretary of state shall compare the	68154
most current average consumer price index with that determined in	68155
the preceding odd-numbered year, and shall determine the	68156
percentage increase or decrease. The percentage increase or	68157
decrease shall be multiplied by the actual dollar figure for each	68158
office or entity specified in section 3517.102 of the Revised Code	68159
and by each actual dollar figure specified in division (B)(4)(e)	68160
of section 3517.10 and in division (B) of section 3517.101 of the	68161
Revised Code as determined in the previous odd-numbered year, and	68162
the product shall be added to or subtracted from its corresponding	68163
actual dollar figure, as necessary, for that previous odd-numbered	68164
year.	68165

The resulting amount shall be rounded to the nearest	68166
twenty-five dollars if the calculations are made regarding the	68167
amounts specified in division (B)(4)(e) of section 3517.10 of the	68168
Revised Code.	68169

If the calculations are made regarding the amounts specified	68170
in section 3517.101 or 3517.102 of the Revised Code, the resulting	68171
amount shall not be rounded. If that resulting amount is less than	68172
one hundred dollars, the secretary of state shall retain a record	68173
of the resulting amount and the manner in which it was calculated,	68174
but shall not make an adjustment unless the resulting amount, when	68175
added to the resulting amount calculated in each prior	68176
odd-numbered year since the last adjustment was made, equals or	68177
exceeds one hundred dollars.	68178

(B)(1) The secretary of state shall calculate the adjustment	68179
under division (A) of this section and shall report the	68180
calculations and necessary materials to the auditor of state, on	68181
or before the thirty-first day of January of each odd-numbered	68182
year. The secretary of state shall base the adjustment on the most	68183
current consumer price index that is described in division (A) of	68184
this section and that is in effect as of the first day of January	68185
of each odd-numbered year.	68186

(2) The calculations made by the secretary of state under	68187
divisions (A) and (B)(1) of this section shall be certified by the	68188
auditor of state on or before the fifteenth day of February of	68189
each odd-numbered year.	68190

(3) On or before the twenty-fifth day of February of each	68191
odd-numbered year, the secretary of state shall prepare a report	68192
setting forth the maximum contribution limitations under section	68193
3517.102 of the Revised Code, the maximum amounts, if any, of	68194
contributions permitted to be kept under that section, ~~and~~ the	68195
amounts required under division (B)(4)(e) of section 3517.10 of	68196
the Revised Code for reporting contributions and in-kind	68197
contributions at social or fund-raising activities and	68198
contributions from amounts deducted from an employee's wages and	68199
salary, and the maximum office facility gift limitations under	68200
section 3517.101 of the Revised Code, as calculated and certified	68201
pursuant to divisions (A) and (B)(1) and (2) of this section. The	68202
report and all documents relating to the calculations contained in	68203
the report are public records. The report shall contain an	68204
indication of the period in which the limitations, the maximum	68205
contribution or gift amounts, and the reporting amounts apply, a	68206
summary of how the limitations, the maximum contribution or gift	68207
amounts, and the reporting amounts were calculated, and a	68208
statement that the report and all related documents are available	68209
for inspection and copying at the office of the secretary of	68210
state.	68211

(4) On or before the twenty-fifth day of February of each	68212
odd-numbered year, the secretary of state shall transmit the	68213
report to the general assembly and shall send the report by mail	68214
to the board of elections of each county.	68215

(5) The secretary of state shall send the report by mail to	68216
each person who files a declaration of candidacy or nominating	68217
petition with the secretary of state for the office of governor,	68218
lieutenant governor, secretary of state, auditor of state,	68219
treasurer of state, attorney general, member of the state board of	68220
education, chief justice of the supreme court, or justice of the	68221
supreme court. The report shall be mailed on or before the tenth	68222
day after the filing.	68223

(6) A board of elections shall send the report by mail to	68224
each person who files a declaration of candidacy or nominating	68225
petition with the board for the office of state representative or	68226
state senator. The report shall be mailed on or before the tenth	68227
day after the filing.	68228

Sec. 3517.153. (A) Upon the filing of a complaint with the	68229
Ohio elections commission, which shall be made by affidavit of any	68230
person, on personal knowledge, and subject to the penalties for	68231
perjury, or upon the filing of a complaint made by the secretary	68232
of state or an official at the board of elections, setting forth a	68233
failure to comply with or a violation of any provision in sections	68234
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03,	68235
or 3599.031 of the Revised Code, the commission shall proceed in	68236
accordance with sections 3517.154 to 3517.157 of the Revised Code.	68237

(B) The commission shall prescribe the form for complaints	68238
made under division (A) of this section. The secretary of state	68239
and boards of elections shall furnish the information that the	68240
commission requests. The commission or a member of the commission	68241
may administer oaths, and the commission may issue subpoenas to	68242
any person in the state compelling the attendance of witnesses and	68243
the production of relevant papers, books, accounts, and reports.	68244
Section 101.42 of the Revised Code governs the issuance of	68245
subpoenas insofar as applicable. Upon the refusal of any person to	68246
obey a subpoena or to be sworn or to answer as a witness, the	68247
commission may apply to the court of common pleas of Franklin	68248
county under section 2705.03 of the Revised Code. The court shall	68249
hold proceedings in accordance with Chapter 2705. of the Revised	68250
Code.	68251

(C) No prosecution shall commence for a violation of a	68252
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18,	68253
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code	68254
unless a complaint has been filed with the commission under this	68255
section and all proceedings of the commission or a panel of the	68256
commission, as appropriate, under sections 3517.154 to 3517.157 of	68257
the Revised Code are completed.	68258

(D) The commission may recommend legislation and render	68259
advisory opinions concerning sections 3517.08, 3517.082, 3517.092,	68260
3517.102, ~~3517.103,~~ 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20	68261
to 3517.22, 3599.03, and 3599.031 of the Revised Code for persons	68262
over whose acts it has or may have jurisdiction. When the	68263
commission renders an advisory opinion relating to a specific set	68264
of circumstances involving any of those sections stating that	68265
there is no violation of a provision in those sections, the person	68266
to whom the opinion is directed or a person who is similarly	68267
situated may reasonably rely on the opinion and is immune from	68268
criminal prosecution and a civil action, including, without	68269
limitation, a civil action for removal from public office or	68270
employment, based on facts and circumstances covered by the	68271
opinion.	68272

(E) The commission shall establish a web site on which it	68273
shall post, at a minimum, all decisions and advisory opinions	68274
issued by the commission and copies of each election law as it is	68275
amended by the general assembly. The commission shall update the	68276
web site regularly to reflect any changes to those decisions and	68277
advisory opinions and any new decisions and advisory opinions.	68278

Sec. 3517.154. (A)(1) The full-time attorney for the Ohio	68279
elections commission shall review each complaint filed with the	68280
commission under section 3517.153 of the Revised Code, shall	68281
determine the nature of the complaint, and, unless division	68282
(A)(2)(a) of this section requires that the complaint receive an	68283
automatic expedited hearing, shall make a recommendation to the	68284
commission for its disposition, in accordance with this section.	68285
The attorney shall make the determination and the recommendation,	68286
if required, not later than one business day after the complaint	68287
is filed.	68288

(2)(a) If the attorney determines that the complaint sets	68289
forth a violation of division (B) of section 3517.21 or division	68290
(B) of section 3517.22 of the Revised Code and that the complaint	68291
is filed during one of the periods of time specified in division	68292
(B)(1) of section 3517.156 of the Revised Code, ~~or that the~~	68293
~~complaint sets forth a violation of section 3517.103 of the~~	68294
~~Revised Code or a violation described in division (D) of section~~	68295
~~3517.1010 of the Revised Code,~~ the complaint shall receive an	68296
automatic expedited hearing under section 3517.156 of the Revised	68297
Code.	68298

(b) If the attorney determines that the complaint sets forth	68299
a failure to comply with or a violation of division (G), (I), (J),	68300
(O), (P), or (Q) of section 3517.13, division (A) of section	68301
3517.21, or division (A) of section 3517.22 of the Revised Code	68302
and that the complaint is filed during one of the periods of time	68303
specified in division (B)(1) of section 3517.156 of the Revised	68304
Code, the attorney shall recommend to the commission that the	68305
complaint receive an expedited hearing under section 3517.156 of	68306
the Revised Code, and the complaint shall receive such a hearing.	68307

(c) If the attorney determines that the complaint sets forth	68308
a failure to comply with or a violation of a section of the	68309
Revised Code over which the commission has jurisdiction to hear	68310
complaints other than the sections described in divisions	68311
(A)(2)(a) and (b) of this section, and unless the attorney makes a	68312
determination as provided for in division (A)(3) of this section,	68313
the attorney shall recommend to the commission that the complaint	68314
be submitted to the commission under section 3517.155 of the	68315
Revised Code. After the attorney makes that recommendation, the	68316
attorney shall notify all parties to the complaint of the	68317
attorney's recommendation.	68318

(3)(a) If a complaint sets forth a failure to comply with or	68319
a violation of a section of the Revised Code over which the	68320
commission has jurisdiction to hear complaints other than the	68321
sections described in divisions (A)(2)(a) and (b) of this section	68322
and if the complaint is filed during one of the periods of time	68323
specified in division (B)(1) of section 3517.156 of the Revised	68324
Code, the attorney may determine that the complaint should receive	68325
an expedited hearing under that section. The attorney shall make	68326
that determination by considering one or more of the following:	68327

(i) The number of prior failures to comply with or violations	68328
of Title XXXV of the Revised Code that the person or entity	68329
against whom the complaint has been brought has committed and any	68330
prior penalties the commission has imposed on the person or	68331
entity;	68332

(ii) If the complaint involves a statement required to be	68333
filed under section 3517.10, division (E) of section 3517.102, or	68334
section ~~3517.103,~~ 3517.105, 3517.107, 3517.108, 3517.109,	68335
3517.1011, 3517.1012, or 3517.1014 of the Revised Code or an	68336
addendum required to be filed under section 3517.11 of the Revised	68337
Code that is filed late, how late the filing is and how much time	68338
has elapsed between the deadline for filing the statement or	68339
addendum and the filing of the complaint;	68340

(iii) If the complaint involves contributions and	68341
expenditures, contributions and disbursements, deposits and	68342
disbursements, gifts and disbursements, or donations and	68343
disbursements required to be reported under section 3517.10,	68344
division (E) of section 3517.102, or section 3517.105, 3517.107,	68345
3517.108, 3517.109, 3517.1011, 3517.1012, 3517.1013, or 3517.1014	68346
of the Revised Code that are either not reported or reported late,	68347
the number of contributions and expenditures, contributions and	68348
disbursements, deposits and disbursements, gifts and	68349
disbursements, or donations and disbursements not reported or how	68350
late they were reported;	68351

(iv) If the complaint involves contributions required to be	68352
reported by a campaign committee under section 3517.10, division	68353
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108,	68354
or 3517.109 of the Revised Code that are not reported, whether any	68355
of the contributors of the contributions not reported have a	68356
personal or professional relationship with the campaign	68357
committee's candidate;	68358

(v) If the complaint involves a statement required to be	68359
filed under section 3517.10, division (E) of section 3517.102, or	68360
section ~~3517.103,~~ 3517.105, 3517.107, 3517.108, 3517.109,	68361
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	68362
that is incomplete, the degree to which it is incomplete;	68363

(vi) If the complaint involves the receipt of contributions	68364
in violation of section 3599.03 of the Revised Code, the dollar	68365
amount and number of contributions received in violation of that	68366
section;	68367

(vii) If the complaint involves a failure to make the	68368
identification or a misstatement of the identification required	68369
under section 3517.105 or 3517.20 of the Revised Code, whether the	68370
failure or misstatement was purposely made;	68371

(viii) If the complaint sets forth a failure to comply with	68372
or a violation of a section of the Revised Code described in	68373
division (A)(2)(c) of this section, whether the person or entity	68374
against whom the complaint has been made has committed more than	68375
one such failure or violation within a reasonable amount of time,	68376
or whether the cumulative nature of the failures or violations	68377
indicates a systematic disregard for the law.	68378

(b) Prior to making a determination under division (A)(3)(a)	68379
of this section that the complaint should receive an expedited	68380
hearing under section 3517.156 of the Revised Code, the attorney	68381
shall take into consideration the number of panels of the	68382
commission that have cases pending before them and the number of	68383
cases pending before the panels and shall not make a determination	68384
that will place an undue burden on a panel of the commission.	68385

(c) If the attorney determines that the complaint should	68386
receive an expedited hearing under section 3517.156 of the Revised	68387
Code, the attorney shall recommend to the commission that the	68388
complaint receive an expedited hearing, and, if a majority of the	68389
members of the commission agrees with the recommendation, the	68390
complaint shall receive an expedited hearing under that section.	68391

(4) The attorney may join two or more complaints if the	68392
attorney determines that the allegations in each complaint are of	68393
the same or similar character, are based on the same act or	68394
failure to act, or are based on two or more acts or failures to	68395
act constituting parts of a common scheme or plan. If one	68396
complaint contains two or more allegations, the attorney may	68397
separate the allegations if they are not of the same or similar	68398
character, if they are not based on the same act or failure to	68399
act, or if they are not based on two or more acts or failures to	68400
act constituting parts of a common scheme or plan. If the attorney	68401
separates the allegations in a complaint, the attorney may make	68402
separate recommendations under division (A)(2) or (3) of this	68403
section for each allegation.	68404

(B) Whenever a person or other entity files a complaint with	68405
the commission setting forth a failure to comply with or a	68406
violation of a section of the Revised Code as described in	68407
division (A)(2)(c) of this section and the complaint is filed	68408
during one of the periods of time specified in division (B)(1) of	68409
section 3517.156 of the Revised Code, the person or entity may	68410
request an expedited hearing under that section at the time the	68411
complaint is filed. The attorney for the commission shall inform	68412
the members of the commission of that request at the time the	68413
attorney makes a recommendation under division (A) of this	68414
section. The commission may grant the request for an expedited	68415
hearing under this division if it determines that an expedited	68416
hearing is practicable.	68417

Sec. 3517.155. (A)(1) Except as otherwise provided in	68418
division (B) of this section, the Ohio elections commission shall	68419
hold its first hearing on a complaint filed with it, other than a	68420
complaint that receives an expedited hearing under section	68421
3517.156 of the Revised Code, not later than ninety business days	68422
after the complaint is filed unless the commission has good cause	68423
to hold the hearing after that time, in which case it shall hold	68424
the hearing not later than one hundred eighty business days after	68425
the complaint is filed. At the hearing, the commission shall	68426
determine whether or not the failure to act or the violation	68427
alleged in the complaint has occurred and shall do only one of the	68428
following, except as otherwise provided in division (B) of this	68429
section or in division (B) of section 3517.151 of the Revised	68430
Code:	68431

(a) Enter a finding that good cause has been shown not to	68432
impose a fine or not to refer the matter to the appropriate	68433
prosecutor;	68434

(b) Impose a fine under section 3517.993 of the Revised Code;

68435

68436

~~(d) Direct the secretary of state or appropriate board of~~	68437
~~elections with the authority to certify a candidate to the ballot~~	68438
~~to remove a candidate's name from the ballot if the candidate is~~	68439
~~barred from the ballot under division (D) of section 3517.1010 of~~	68440
~~the Revised Code.~~	68441

(2) As used in division (A) of this section, "appropriate	68442
prosecutor" means a prosecutor as defined in section 2935.01 of	68443
the Revised Code and either of the following:	68444

(a) In the case of a failure to comply with or a violation of	68445
law involving a campaign committee or the committee's candidate, a	68446
political party, a legislative campaign fund, a political action	68447
committee, or a political contributing entity, that is required to	68448
file a statement of contributions and expenditures with the	68449
secretary of state under division (A) of section 3517.11 of the	68450
Revised Code, the prosecutor of Franklin county;	68451

(b) In the case of a failure to comply with or a violation of	68452
law involving any other campaign committee or committee's	68453
candidate, or any other political party, political action	68454
committee, or political contributing entity either of the	68455
following as determined by the commission:	68456

(i) The prosecutor of Franklin county;

68457

(ii) The prosecutor of the county in which the candidacy or	68458
ballot question or issue is submitted to the electors or, if it is	68459
submitted in more than one county, the most populous of those	68460
counties.	68461

(B) If the commission decides that the evidence is	68462
insufficient for it to determine whether or not the failure to act	68463
or the violation alleged in the complaint has occurred, the	68464
commission, by the affirmative vote of five members, may request	68465
that an investigatory attorney investigate the complaint. Upon	68466
that request, an investigatory attorney shall make an	68467
investigation in order to produce sufficient evidence for the	68468
commission to decide the matter. If the commission requests an	68469
investigation under this division, for good cause shown by the	68470
investigatory attorney, the commission may extend by sixty days	68471
the deadline for holding its first hearing on the complaint as	68472
required in division (A) of this section.	68473

(C) The commission shall take one of the actions required	68474
under division (A) of this section not later than thirty days	68475
after the close of all the evidence presented.	68476

(D)(1) The commission shall make any finding of a failure to	68477
comply with or a violation of law in regard to a complaint that	68478
alleges a violation of ~~division (D) of section 3517.1010,~~ division	68479
(A) or (B) of section 3517.21, or division (A) or (B) of section	68480
3517.22 of the Revised Code by clear and convincing evidence. The	68481
commission shall make any finding of a failure to comply with or a	68482
violation of law in regard to any other complaint by a	68483
preponderance of the evidence.	68484

(2) If the commission finds a violation of division (B) of	68485
section 3517.21 or division (B) of section 3517.22 of the Revised	68486
Code, it shall refer the matter to the appropriate prosecutor	68487
under division (A)(1)(c) of this section and shall not impose a	68488
fine under division (A)(1)(b) of this section or section 3517.993	68489
of the Revised Code.	68490

(E) In an action before the commission or a panel of the	68491
commission, if the allegations of the complainant are not proved,	68492
and the commission takes the action described in division	68493
(A)(1)(a) of this section or a panel of the commission takes the	68494
action described in division (C)(1) of section 3517.156 of the	68495
Revised Code, the commission or a panel of the commission may find	68496
that the complaint is frivolous, and, if the commission or panel	68497
so finds, the commission shall order the complainant to pay	68498
reasonable attorney's fees and to pay the costs of the commission	68499
or panel as determined by a majority of the members of the	68500
commission. The costs paid to the commission or panel under this	68501
division shall be deposited into the Ohio elections commission	68502
fund.	68503

Sec. 3517.20. (A)(1) As used in this section:

68504

(a) "Political publication for or against a candidate" means	68505
a notice, placard, advertisement, sample ballot, brochure, flyer,	68506
direct mailer, or other form of general publication that is	68507
designed to promote the nomination, election, or defeat of a	68508
candidate.	68509

(b) "Political publication for or against an issue" means a	68510
notice, placard, advertisement, sample ballot, brochure, flyer,	68511
direct mailer, or other form of general publication that is	68512
designed to promote the adoption or defeat of a ballot issue or	68513
question or to influence the voters in an election.	68514

(c) "Public political advertising" means newspapers,	68515
magazines, outdoor advertising facilities, direct mailings, or	68516
other similar types of general public political advertising, or	68517
flyers, handbills, or other nonperiodical printed matter.	68518

(d) "Statewide candidate" has the same meaning as in section	68519
3517.102 of the Revised Code.	68520

(e) "Legislative candidate" means a candidate for the office	68521
of member of the general assembly.	68522

(f) "Local candidate" means a candidate for an elective	68523
office of a political subdivision of this state.	68524

(g) "Legislative campaign fund" has the same meaning as in	68525
section 3517.01 of the Revised Code.	68526

(h) "Limited political action committee" means a political	68527
action committee of fewer than ten members.	68528

(i) "Limited political contributing entity" means a political	68529
contributing entity of fewer than ten members.	68530

(j) "Designated amount" means one hundred dollars in the case	68531
of a local candidate or a local ballot issue, two hundred fifty	68532
dollars in the case of a legislative candidate, or five hundred	68533
dollars in the case of a statewide candidate or a statewide ballot	68534
issue.	68535

(k) "To issue" includes to print, post, distribute, reproduce	68536
for distribution, or cause to be issued, printed, posted,	68537
distributed, or reproduced for distribution.	68538

(l) "Telephone bank" means more than five hundred telephone	68539
calls of an identical or substantially similar nature within any	68540
thirty-day period, whether those telephone calls are made by	68541
individual callers or by recording.	68542

(2)(a) No ~~candidate, legislative campaign fund,~~ political	68543
party, or other entity, except a political action committee, a	68544
political contributing entity, a candidate, a legislative campaign	68545
fund, or a campaign committee, shall issue a form of political	68546
publication for or against a candidate, or shall make an	68547
expenditure for the purpose of financing political communications	68548
in support of or opposition to a candidate through public	68549
political advertising, unless the name and residence or business	68550
address of the candidate or the chairperson, treasurer, or	68551
secretary of the legislative campaign fund, political party, or	68552
other entity that issues or otherwise is responsible for that	68553
political publication or that makes an expenditure for that	68554
political communication appears in a conspicuous place on that	68555
political publication or is contained within that political	68556
communication.	68557

(b) No candidate, legislative campaign fund, or campaign	68558
committee shall issue a form of political publication for or	68559
against a candidate, or shall make an expenditure for the purpose	68560
of financing political communications in support of or opposition	68561
to a candidate through public political advertising, unless the	68562
name of the ~~campaign committee~~entity appears in a conspicuous	68563
place on that political publication or is contained within that	68564
political communication.	68565

(3) No limited political action committee or limited	68566
political contributing entity shall do either of the following	68567
unless the name and residence or business address of the	68568
chairperson, treasurer, or secretary of the limited political	68569
action committee or limited political contributing entity involved	68570
appears in a conspicuous place in the political publication for or	68571
against a candidate described in division (A)(3)(a) of this	68572
section or is contained within the political communication	68573
described in division (A)(3)(b) of this section:	68574

(a) Issue a form of political publication for or against a	68575
candidate that costs in excess of the designated amount or that is	68576
issued in cooperation, consultation, or concert with, or at the	68577
request or suggestion of, a candidate, a campaign committee, a	68578
legislative campaign fund, a political party, a political action	68579
committee with ten or more members, a political contributing	68580
entity with ten or more members, or a limited political action	68581
committee or limited political contributing entity that spends in	68582
excess of the designated amount on a related or the same or	68583
similar political publication for or against a candidate;	68584

(b) Make an expenditure in excess of the designated amount in	68585
support of or opposition to a candidate or make an expenditure in	68586
cooperation, consultation, or concert with, or at the request or	68587
suggestion of, a candidate, a campaign committee, a legislative	68588
campaign fund, a political party, a political action committee	68589
with ten or more members, a political contributing entity with ten	68590
or more members, or a limited political action committee or	68591
limited political contributing entity that spends in excess of the	68592
designated amount in support of or opposition to the same	68593
candidate, for the purpose of financing political communications	68594
in support of or opposition to that candidate through public	68595
political advertising.	68596

(4) No political action committee with ten or more members	68597
and no political contributing entity with ten or more members	68598
shall issue a form of political publication for or against a	68599
candidate, or shall make an expenditure for the purpose of	68600
financing political communications in support of or opposition to	68601
a candidate through public political advertising, unless the name	68602
and residence or business address of the chairperson, treasurer,	68603
or secretary of the political action committee or political	68604
contributing entity that issues or otherwise is responsible for	68605
that political publication or that makes an expenditure for that	68606
political communication through public political advertising	68607
appears in a conspicuous place in that political publication or is	68608
contained within that political communication.	68609

(5)(a) No corporation, labor organization, ~~legislative~~	68610
~~campaign fund,~~ political party, or other entity, except a	68611
political action committee, a legislative campaign fund, or a	68612
campaign committee, shall issue a form of political publication	68613
for or against an issue, or shall make an expenditure for the	68614
purpose of financing political communications in support of or	68615
opposition to a ballot issue or question through public political	68616
advertising, unless the name and residence or business address of	68617
the chairperson, treasurer, or secretary of the corporation, labor	68618
organization, ~~legislative campaign fund,~~ political party, or other	68619
entity that issues or otherwise is responsible for that political	68620
publication or that makes an expenditure for that political	68621
communication through public political advertising appears in a	68622
conspicuous place in that political publication or is contained	68623
within that political communication.	68624

(b) No campaign committee or legislative campaign fund shall	68625
issue a form of political publication for or against an issue, or	68626
shall make an expenditure for the purpose of financing political	68627
communications in support of or opposition to a ballot issue or	68628
question through public political advertising, unless the name of	68629
the campaign committee or legislative campaign fund appears in a	68630
conspicuous place in that political publication or is contained	68631
within that political communication.	68632

(6) No limited political action committee shall do either of	68633
the following unless the name and residence or business address of	68634
the chairperson, treasurer, or secretary of the limited political	68635
action committee involved appears in a conspicuous place in the	68636
political publication for or against a ballot issue described in	68637
division (A)(6)(a) of this section or is contained within the	68638
political communication described in division (A)(6)(b) of this	68639
section:	68640

(a) Issue a form of political publication for or against a	68641
ballot issue that costs in excess of the designated amount or that	68642
is issued in cooperation, consultation, or concert with, or at the	68643
request or suggestion of, a candidate, a campaign committee, a	68644
legislative campaign fund, a political party, a political action	68645
committee with ten or more members, or a limited political action	68646
committee that spends in excess of the designated amount for a	68647
related or the same or similar political publication for or	68648
against an issue;	68649

(b) Make an expenditure in excess of the designated amount in	68650
support of or opposition to a ballot issue or make an expenditure	68651
in cooperation, consultation, or concert with, or at the request	68652
or suggestion of, a candidate, a campaign committee, a legislative	68653
campaign fund, a political party, a political action committee	68654
with ten or more members, or a limited political action committee	68655
that spends in excess of the designated amount in support of or	68656
opposition to the same ballot issue, for the purpose of financing	68657
political communications in support of or opposition to that	68658
ballot issue through public political advertising.	68659

(7) No political action committee with ten or more members	68660
shall issue a form of political publication for or against an	68661
issue, or shall make an expenditure for the purpose of financing	68662
political communications in support of or opposition to a ballot	68663
issue or question through public political advertising, unless the	68664
name and residence or business address of the chairperson,	68665
treasurer, or secretary of the political action committee that	68666
issues or otherwise is responsible for that political publication	68667
or that makes an expenditure for that political communication	68668
appears in a conspicuous place in that political publication or is	68669
contained within that political communication.	68670

(8) The disclaimer "paid political advertisement" is not	68671
sufficient to meet the requirements of this section.	68672

(9) If the political publication described in division (A) of	68673
this section is issued by the regularly constituted central or	68674
executive committee of a political party that is organized as	68675
provided in this chapter, it shall be sufficiently identified if	68676
it bears the name of the committee and its chairperson or	68677
treasurer.	68678

(10) If more than one piece of printed matter or printed	68679
political communications are mailed as a single packet, the	68680
requirements of division (A) of this section are met if one of the	68681
pieces of printed matter or printed political communications in	68682
the packet contains the name and residence or business address of	68683
the chairperson, treasurer, or secretary of the organization or	68684
entity that issues or is responsible for the printed matter or	68685
other printed political communications, except that if a campaign	68686
committee or legislative campaign fund mails more than one piece	68687
of printed matter or printed political communications as a single	68688
packet, the requirements of division (A) of this section are met	68689
if one of the pieces of printed matter or printed political	68690
communications in the packet contains the name of the campaign	68691
committee or legislative campaign fund.	68692

(11) This section does not apply to the transmittal of	68693
personal correspondence that is not reproduced by machine for	68694
general distribution.	68695

(12) The secretary of state, by rule, may exempt from the	68696
requirements of this section, printed matter and certain other	68697
kinds of printed communications such as campaign buttons,	68698
balloons, pencils, or similar items, the size or nature of which	68699
makes it unreasonable to add an identification or disclaimer.	68700

(13) The disclaimer or identification described in division	68701
(A) of this section, when paid for by a candidate, legislative	68702
campaign fund, or campaign committee, shall be identified by the	68703
words "paid for by" followed by the name of the ~~campaign committee~~	68704
~~and the appropriate officer of the committee, identified by name~~	68705
~~and title~~entity. The identification or disclaimer may use	68706
reasonable abbreviations for common terms such as ~~"treasurer" or~~	68707
"committee".	68708

(B)(1) No candidate, campaign committee, legislative campaign	68709
fund, political party, political action committee, limited	68710
political action committee, political contributing entity, limited	68711
political contributing entity, or other entity shall utter or	68712
cause to be uttered, over the broadcasting facilities of any radio	68713
or television station within this state, any communication that is	68714
designed to promote the nomination, election, or defeat of a	68715
candidate, or the adoption or defeat of an issue or to influence	68716
the voters in an election, unless the speaker identifies the	68717
speaker with the speaker's name and residence address or unless	68718
the communication identifies the chairperson, treasurer, or	68719
secretary of the organization responsible for the communication	68720
with the name and residence or business address of that officer,	68721
except that communications by radio need not broadcast the	68722
residence or business address of the officer. However, a radio	68723
station, for a period of at least six months, shall keep the	68724
residence or business address on file and divulge it to any person	68725
upon request.	68726

No person operating a broadcast station or an organ of	68727
printed media shall broadcast or print a paid political	68728
communication that does not contain the identification required by	68729
this section.	68730

(2) Division (B) of this section does not apply to any	68731
communications made on behalf of a radio or television station or	68732
network by any employee of such radio or television station or	68733
network while acting in the course of the employee's employment.	68734

(3) No candidate or entity described in division (B)(1) of	68735
this section shall use or cause to be used a false, fictitious, or	68736
fraudulent name or address in the making or issuing of a	68737
publication or communication included within the provisions of	68738
this section.	68739

(C) No candidate, campaign committee, legislative campaign	68740
fund, political party, political action committee, limited	68741
political action committee, political contributing entity, limited	68742
political contributing entity, or other person or entity shall	68743
conduct a telephone bank for the purpose of promoting the	68744
nomination, election, or defeat of a candidate or the adoption or	68745
defeat of an issue or to influence the voters in an election,	68746
unless the call includes a disclaimer that identifies the name of	68747
the candidate, campaign committee, legislative campaign fund,	68748
political party, political action committee, limited political	68749
action committee, political contributing entity, limited political	68750
contributing entity, or other person or entity paying for the	68751
telephone bank.	68752

(D) Before a prosecution may commence under this section, a	68753
complaint shall be filed with the Ohio elections commission under	68754
section 3517.153 of the Revised Code. After the complaint is	68755
filed, the commission shall proceed in accordance with sections	68756
3517.154 to 3517.157 of the Revised Code.	68757

Sec. 3517.992. This section establishes penalties only with	68758
respect to acts or failures to act that occur on and after August	68759
24, 1995.	68760

(A)(1) A candidate whose campaign committee violates division	68761
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	68762
or a treasurer of a campaign committee who violates any of those	68763
divisions, shall be fined not more than one hundred dollars for	68764
each day of violation.	68765

(2) Whoever violates division (E) or (X)(5) of section	68766
3517.13 or division (E)(1) of section 3517.1014 of the Revised	68767
Code shall be fined not more than one hundred dollars for each day	68768
of violation.	68769

(B) ~~A political party~~An entity that violates division	68770
~~(F)~~(G)(1) of section 3517.101 of the Revised Code shall be fined	68771
not more than one hundred dollars for each day of violation.	68772

(C) Whoever violates division ~~(F)~~(G)(2) of section 3517.101,	68773
division (G) of section 3517.13, or division (E)(2) or (3) of	68774
section 3517.1014 of the Revised Code shall be fined not more than	68775
ten thousand dollars or, if the offender is a person who was	68776
nominated or elected to public office, shall forfeit the	68777
nomination or the office to which the offender was elected, or	68778
both.	68779

(D) Whoever violates division (F) of section 3517.13 of the	68780
Revised Code shall be fined not more than three times the amount	68781
contributed.	68782

(E) Whoever violates division (H) of section 3517.13 of the	68783
Revised Code shall be fined not more than one hundred dollars.	68784

(F) Whoever violates division (O), (P), or (Q) of section	68785
3517.13 of the Revised Code is guilty of a misdemeanor of the	68786
first degree.	68787

(G) A state or county committee of a political party that	68788
violates division (B)(1) of section 3517.18 of the Revised Code	68789
shall be fined not more than twice the amount of the improper	68790
expenditure.	68791

(H) ~~A state or county political party~~An entity that violates	68792
division ~~(G)~~(H) of section 3517.101 of the Revised Code shall be	68793
fined not more than twice the amount of the improper expenditure	68794
or use.	68795

(I)(1) Any individual who violates division (B)(1) of section	68796
3517.102 of the Revised Code and knows that the contribution the	68797
individual makes violates that division shall be fined an amount	68798
equal to three times the amount contributed in excess of the	68799
amount permitted by that division.	68800

(2) Any political action committee that violates division	68801
(B)(2) of section 3517.102 of the Revised Code shall be fined an	68802
amount equal to three times the amount contributed in excess of	68803
the amount permitted by that division.	68804

(3) Any campaign committee that violates division (B)(3) or	68805
(5) of section 3517.102 of the Revised Code shall be fined an	68806
amount equal to three times the amount contributed in excess of	68807
the amount permitted by that division.	68808

(4)(a) Any legislative campaign fund that violates division	68809
(B)(6) of section 3517.102 of the Revised Code shall be fined an	68810
amount equal to three times the amount transferred or contributed	68811
in excess of the amount permitted by that division, as applicable.	68812

(b) Any state political party, county political party, or	68813
state candidate fund of a state political party or county	68814
political party that violates division (B)(6) of section 3517.102	68815
of the Revised Code shall be fined an amount equal to three times	68816
the amount transferred or contributed in excess of the amount	68817
permitted by that division, as applicable.	68818

(c) Any political contributing entity that violates division	68819
(B)(7) of section 3517.102 of the Revised Code shall be fined an	68820
amount equal to three times the amount contributed in excess of	68821
the amount permitted by that division.	68822

(5) Any political party that violates division (B)(4) of	68823
section 3517.102 of the Revised Code shall be fined an amount	68824
equal to three times the amount contributed in excess of the	68825
amount permitted by that division.	68826

(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)	68827
of this section, no violation of division (B) of section 3517.102	68828
of the Revised Code occurs, and the secretary of state shall not	68829
refer parties to the Ohio elections commission, if the amount	68830
transferred or contributed in excess of the amount permitted by	68831
that division meets either of the following conditions:	68832

(a) It is completely refunded within five business days after	68833
it is accepted.	68834

(b) It is completely refunded on or before the tenth business	68835
day after notification to the recipient of the excess transfer or	68836
contribution by the board of elections or the secretary of state	68837
that a transfer or contribution in excess of the permitted amount	68838
has been received.	68839

(J)(1) Any campaign committee that violates division (C)(1),	68840
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	68841
fined an amount equal to three times the amount accepted in excess	68842
of the amount permitted by that division.	68843

(2)(a) Any county political party that violates division	68844
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code	68845
shall be fined an amount equal to three times the amount accepted.	68846

(b) Any county political party that violates division	68847
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be	68848
fined an amount from its state candidate fund equal to three times	68849
the amount accepted in excess of the amount permitted by that	68850
division.	68851

(c) Any state political party that violates division	68852
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined	68853
an amount from its state candidate fund equal to three times the	68854
amount accepted in excess of the amount permitted by that	68855
division.	68856

(3) Any legislative campaign fund that violates division	68857
(C)(5) of section 3517.102 of the Revised Code shall be fined an	68858
amount equal to three times the amount accepted in excess of the	68859
amount permitted by that division.	68860

(4) Any political action committee or political contributing	68861
entity that violates division (C)(7) of section 3517.102 of the	68862
Revised Code shall be fined an amount equal to three times the	68863
amount accepted in excess of the amount permitted by that	68864
division.	68865

(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of	68866
this section, no violation of division (C) of section 3517.102 of	68867
the Revised Code occurs, and the secretary of state shall not	68868
refer parties to the Ohio elections commission, if the amount	68869
transferred or contributed in excess of the amount permitted to be	68870
accepted by that division meets either of the following	68871
conditions:	68872

(a) It is completely refunded within five business days after	68873
its acceptance.	68874

(b) It is completely refunded on or before the tenth business	68875
day after notification to the recipient of the excess transfer or	68876
contribution by the board of elections or the secretary of state	68877
that a transfer or contribution in excess of the permitted amount	68878
has been received.	68879

(K)(1) Any legislative campaign fund that violates division	68880
(F)(1) of section 3517.102 of the Revised Code shall be fined	68881
twenty-five dollars for each day of violation.	68882

(2) Any legislative campaign fund that violates division	68883
(F)(2) of section 3517.102 of the Revised Code shall give to the	68884
treasurer of state for deposit into the state treasury to the	68885
credit of the Ohio elections commission fund all excess	68886
contributions not disposed of as required by division (E) of	68887
section 3517.102 of the Revised Code.	68888

(L) Whoever violates section 3517.105 of the Revised Code	68889
shall be fined one thousand dollars.	68890

(M)(1) Whoever solicits a contribution in violation of	68891
section 3517.092 or violates division (B) of section 3517.09 of	68892
the Revised Code is guilty of a misdemeanor of the first degree.	68893

(2) Whoever knowingly accepts a contribution in violation of	68894
division (B) or (C) of section 3517.092 of the Revised Code shall	68895
be fined an amount equal to three times the amount accepted in	68896
violation of either of those divisions and shall return to the	68897
contributor any amount so accepted. Whoever unknowingly accepts a	68898
contribution in violation of division (B) or (C) of section	68899
3517.092 of the Revised Code shall return to the contributor any	68900
amount so accepted.	68901

(N) Whoever violates division (S) of section 3517.13 of the	68902
Revised Code shall be fined an amount equal to three times the	68903
amount of funds transferred or three times the value of the assets	68904
transferred in violation of that division.	68905

(O) Any campaign committee that accepts a contribution or	68906
contributions in violation of section 3517.108 of the Revised	68907
Code, uses a contribution in violation of that section, or fails	68908
to dispose of excess contributions in violation of that section	68909
shall be fined an amount equal to three times the amount accepted,	68910
used, or kept in violation of that section.	68911

(P) Any political party, state candidate fund, legislative	68912
candidate fund, or campaign committee that violates division (T)	68913
of section 3517.13 of the Revised Code shall be fined an amount	68914
equal to three times the amount contributed or accepted in	68915
violation of that section.	68916

(Q) A treasurer of a committee or another person who violates	68917
division (U) of section 3517.13 of the Revised Code shall be fined	68918
not more than two hundred fifty dollars.	68919

(R) Whoever violates division (I) or (J) of section 3517.13	68920
of the Revised Code shall be fined not more than one thousand	68921
dollars. Whenever a person is found guilty of violating division	68922
(I) or (J) of section 3517.13 of the Revised Code, the contract	68923
awarded in violation of either of those divisions shall be	68924
rescinded if its terms have not yet been performed.	68925

(S) A candidate whose campaign committee violates or a	68926
treasurer of a campaign committee who violates section 3517.081 of	68927
the Revised Code, and a candidate whose campaign committee	68928
violates or a treasurer of a campaign committee or another person	68929
who violates division (C) of section 3517.10 of the Revised Code,	68930
shall be fined not more than five hundred dollars.	68931

(T) A candidate whose campaign committee violates or a	68932
treasurer of a committee who violates division (B) of section	68933
3517.09 of the Revised Code, or a candidate whose campaign	68934
committee violates or a treasurer of a campaign committee or	68935
another person who violates division (C) of section 3517.09 of the	68936
Revised Code shall be fined not more than one thousand dollars.	68937

(U) Whoever violates section 3517.20 of the Revised Code	68938
shall be fined not more than five hundred dollars.	68939

(V) Whoever violates section 3517.21 or 3517.22 of the	68940
Revised Code shall be imprisoned for not more than six months or	68941
fined not more than five thousand dollars, or both.	68942

(W) A campaign committee that is required to file a	68943
declaration of no limits under division (D)(2) of section 3517.103	68944
of the Revised Code that, before filing that declaration, accepts	68945
a contribution or contributions that exceed the limitations	68946
prescribed in section 3517.102 of the Revised Code, shall return	68947
that contribution or those contributions to the contributor.	68948

(X) Any campaign committee that fails to file the declaration	68949
of filing-day finances required by division (F) of section	68950
3517.109 ~~or the declaration of primary-day finances or declaration~~	68951
~~of year-end finances required by division (E) of section 3517.1010~~	68952
of the Revised Code shall be fined twenty-five dollars for each	68953
day of violation.	68954

(Y)(1) Any campaign committee that fails to dispose of excess	68955
funds or excess aggregate contributions under division (B) of	68956
section 3517.109 of the Revised Code in the manner required by	68957
division (C) of that section ~~or under division (B) of section~~	68958
~~3517.1010 of the Revised Code in the manner required by division~~	68959
~~(C) of that section~~ shall give to the treasurer of state for	68960
deposit into the Ohio elections commission fund created under	68961
division (I) of section 3517.152 of the Revised Code all funds not	68962
disposed of pursuant to ~~those divisions~~that division.	68963

(2) Any treasurer of a transition fund that fails to dispose	68964
of assets remaining in the transition fund as required under	68965
division (H)(1) or (2) of section 3517.1014 of the Revised Code	68966
shall give to the treasurer of state for deposit into the Ohio	68967
elections commission fund all assets not disposed of pursuant to	68968
that division.	68969

(Z) Any individual, campaign committee, political action	68970
committee, political contributing entity, legislative campaign	68971
fund, political party, treasurer of a transition fund, or other	68972
entity that violates any provision of sections 3517.09 to 3517.12	68973
of the Revised Code for which no penalty is provided for under any	68974
other division of this section shall be fined not more than one	68975
thousand dollars.	68976

(AA)(1) Whoever knowingly violates division (W)(1) of section	68977
3517.13 of the Revised Code shall be fined an amount equal to	68978
three times the amount contributed, expended, or promised in	68979
violation of that division or ten thousand dollars, whichever	68980
amount is greater.	68981

(2) Whoever knowingly violates division (W)(2) of section	68982
3517.13 of the Revised Code shall be fined an amount equal to	68983
three times the amount solicited or accepted in violation of that	68984
division or ten thousand dollars, whichever amount is greater.	68985

(BB) Whoever knowingly violates division (C) or (D) of	68986
section 3517.1011 of the Revised Code shall be fined not more than	68987
ten thousand dollars plus not more than one thousand dollars for	68988
each day of violation.	68989

(CC)(1) Subject to division (CC)(2) of this section, whoever	68990
violates division (H) of section 3517.1011 of the Revised Code	68991
shall be fined an amount up to three times the amount disbursed	68992
for the direct costs of airing the communication made in violation	68993
of that division.	68994

(2) Whoever has been ordered by the Ohio elections commission	68995
or by a court of competent jurisdiction to cease making	68996
communications in violation of division (H) of section 3517.1011	68997
of the Revised Code who again violates that division shall be	68998
fined an amount equal to three times the amount disbursed for the	68999
direct costs of airing the communication made in violation of that	69000
division.	69001

(DD)(1) Any corporation or labor organization that violates	69002
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	69003
fined an amount equal to three times the amount given in excess of	69004
the amount permitted by that division.	69005

(2) Any state or county political party that violates	69006
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	69007
fined an amount equal to three times the amount accepted in excess	69008
of the amount permitted by that division.	69009

(EE)(1) Any campaign committee or person who violates	69010
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code	69011
shall be fined an amount equal to three times the amount donated	69012
in excess of the amount permitted by that division.	69013

(2) Any officeholder or treasurer of a transition fund who	69014
violates division (C)(3)(a) or (b) of section 3517.1014 of the	69015
Revised Code shall be fined an amount equal to three times the	69016
amount accepted in excess of the amount permitted by that	69017
division.	69018

Sec. 3599.03. (A)(1) Except to carry on activities specified	69019
in sections 3517.082, 3517.101, and 3517.1011, division (A)(2) of	69020
section 3517.1012, division (B) of section 3517.1013, division	69021
(C)(1) of section 3517.1014, and section 3599.031 of the Revised	69022
Code and except as provided in divisions (D), (E), and (F) of this	69023
section, no corporation, no nonprofit corporation, and no labor	69024
organization, directly or indirectly, shall pay or use, or offer,	69025
advise, consent, or agree to pay or use, the corporation's money	69026
or property, or the labor organization's money, including dues,	69027
initiation fees, or other assessments paid by members, or	69028
property, for or in aid of or opposition to a political party, a	69029
candidate for election or nomination to public office, a political	69030
action committee including a political action committee of the	69031
corporation or labor organization, a legislative campaign fund, or	69032
any organization that supports or opposes any such candidate, or	69033
for any partisan political purpose, shall violate any law	69034
requiring the filing of an affidavit or statement respecting such	69035
use of those funds, or shall pay or use the corporation's or labor	69036
organization's money for the expenses of a social fund-raising	69037
event for its political action committee if an employee's or labor	69038
organization member's right to attend such an event is predicated	69039
on the employee's or member's contribution to the corporation's or	69040
labor organization's political action committee.	69041

(2) Whoever violates division (A)(1) of this section shall be	69042
fined not less than five hundred nor more than five thousand	69043
dollars.	69044

(B)(1) No officer, stockholder, attorney, or agent of a	69045
corporation or nonprofit corporation, no member, including an	69046
officer, attorney, or agent, of a labor organization, and no	69047
candidate, political party official, or other individual shall	69048
knowingly aid, advise, solicit, or receive money or other property	69049
in violation of division (A)(1) of this section.	69050

(2) Whoever violates division (B)(1) of this section shall be	69051
fined not more than one thousand dollars, or imprisoned not more	69052
than one year, or both.	69053

(C) A corporation, a nonprofit corporation, or a labor	69054
organization may use its funds or property for or in aid of or	69055
opposition to a proposed or certified ballot issue. Such use of	69056
funds or property shall be reported on a form prescribed by the	69057
secretary of state. Reports of contributions in connection with	69058
statewide ballot issues shall be filed with the secretary of	69059
state. Reports of contributions in connection with local issues	69060
shall be filed with the board of elections of the most populous	69061
county of the district in which the issue is submitted or to be	69062
submitted to the electors. Reports made pursuant to this division	69063
shall be filed by the times specified in divisions (A)(1) and (2)	69064
of section 3517.10 of the Revised Code.	69065

(D)(1) Any gift made pursuant to section 3517.101 of the	69066
Revised Code does not constitute a violation of this section or of	69067
any other section of the Revised Code.	69068

(2) Any gift made pursuant to division (A)(2) of section	69069
3517.1012 of the Revised Code does not constitute a violation of	69070
this section.	69071

(3) Any gift made pursuant to division (B) of section	69072
3517.1013 of the Revised Code does not constitute a violation of	69073
this section.	69074

(4) Any donation made pursuant to division (C)(1) of section	69075
3517.1014 of the Revised Code does not constitute a violation of	69076
this section.	69077

(E) Any compensation or fees paid by a financial institution	69078
to a state political party for services rendered pursuant to	69079
division (B) of section 3517.19 of the Revised Code do not	69080
constitute a violation of this section or of any other section of	69081
the Revised Code.	69082

(F)(1) The use by a nonprofit corporation of its money or	69083
property for communicating information for a purpose specified in	69084
division (A) of this section is not a violation of that division	69085
if the stockholders, members, donors, trustees, or officers of the	69086
nonprofit corporation are the predominant recipients of the	69087
communication.	69088

(2) The placement of a campaign sign on the property of a	69089
corporation, nonprofit corporation, or labor organization is not a	69090
use of property in violation of division (A) of this section by	69091
that corporation, nonprofit corporation, or labor organization.	69092

(3) The use by a corporation or labor organization of its	69093
money or property for communicating information for a purpose	69094
specified in division (A) of this section is not a violation of	69095
that division if it is not a communication made by mass broadcast	69096
such as radio or television or made by advertising in a newspaper	69097
of general circulation but is a communication sent exclusively to	69098
members, employees, officers, or trustees of that labor	69099
organization or shareholders, employees, officers, or directors of	69100
that corporation or to members of the immediate families of any	69101
such individuals or if the communication intended to be so sent	69102
exclusively is unintentionally sent as well to a de minimis number	69103
of other individuals.	69104

(G) In addition to the laws listed in division (A) of section	69105
4117.10 of the Revised Code that prevail over conflicting	69106
agreements between employee organizations and public employers,	69107
this section prevails over any conflicting provisions of	69108
agreements between labor organizations and public employers that	69109
are entered into on or after March 31, 2005, pursuant to Chapter	69110
4117. of the Revised Code.	69111

(H) As used in this section, "labor organization" has the	69112
same meaning as in section 3517.01 of the Revised Code.	69113

Sec. 3599.45. (A) As used in this section:

69114

"Candidate," "campaign committee," and "contribution" have	69115
the same meanings as in section 3517.01 of the Revised Code.	69116

"Medicaid provider" has the same meaning as in section	69117
5164.01 of the Revised Code.	69118

(B) No candidate for the office of attorney general or county	69119
prosecutor or such a candidate's campaign committee shall	69120
knowingly accept any contribution from a medicaid provider of	69121
~~services or goods under contract with the department of job and~~	69122
~~family services pursuant to the medicaid program of Title XIX of~~	69123
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as~~	69124
~~amended,~~ or from any person having an ownership interest in the	69125
medicaid provider.	69126

~~As used in this section "candidate," "campaign committee,"~~	69127
~~and "contribution" have the same meaning as in section 3517.01 of~~	69128
~~the Revised Code.~~	69129

~~(B)~~(C) Whoever violates this section is guilty of a	69130
misdemeanor of the first degree.	69131

Sec. 3701.023. (A) The department of health shall review	69132
applications for eligibility for the program for medically	69133
handicapped children that are submitted to the department by city	69134
and general health districts and physician providers approved in	69135
accordance with division (C) of this section. The department shall	69136
determine whether the applicants meet the medical and financial	69137
eligibility requirements established by the director of health	69138
pursuant to division (A)(1) of section 3701.021 of the Revised	69139
Code, and by the department in the manual of operational	69140
procedures and guidelines for the program for medically	69141
handicapped children developed pursuant to division (B) of that	69142
section. Referrals of potentially eligible children for the	69143
program may be submitted to the department on behalf of the child	69144
by parents, guardians, public health nurses, or any other	69145
interested person. The department of health may designate other	69146
agencies to refer applicants to the department of health.	69147

(B) In accordance with the procedures established in rules	69148
adopted under division (A)(4) of section 3701.021 of the Revised	69149
Code, the department of health shall authorize a provider or	69150
providers to provide to any Ohio resident under twenty-one years	69151
of age, without charge to the resident or the resident's family	69152
and without restriction as to the economic status of the resident	69153
or the resident's family, diagnostic services necessary to	69154
determine whether the resident has a medically handicapping or	69155
potentially medically handicapping condition.	69156

(C) The department of health shall review the applications of	69157
health professionals, hospitals, medical equipment suppliers, and	69158
other individuals, groups, or agencies that apply to become	69159
providers. The department shall enter into a written agreement	69160
with each applicant who is determined, pursuant to the	69161
requirements set forth in rules adopted under division (A)(2) of	69162
section 3701.021 of the Revised Code, to be eligible to be a	69163
provider in accordance with the provider agreement required by the	69164
~~medical assistance~~medicaid program ~~established under section~~	69165
~~5111.01 of the Revised Code~~. No provider shall charge a medically	69166
handicapped child or the child's parent or guardian for services	69167
authorized by the department under division (B) or (D) of this	69168
section.	69169

The department, in accordance with rules adopted under	69170
division (A)(3) of section 3701.021 of the Revised Code, may	69171
disqualify any provider from further participation in the program	69172
for violating any requirement set forth in rules adopted under	69173
division (A)(2) of that section. The disqualification shall not	69174
take effect until a written notice, specifying the requirement	69175
violated and describing the nature of the violation, has been	69176
delivered to the provider and the department has afforded the	69177
provider an opportunity to appeal the disqualification under	69178
division (H) of this section.	69179

(D) The department of health shall evaluate applications from	69180
city and general health districts and approved physician providers	69181
for authorization to provide treatment services, service	69182
coordination, and related goods to children determined to be	69183
eligible for the program for medically handicapped children	69184
pursuant to division (A) of this section. The department shall	69185
authorize necessary treatment services, service coordination, and	69186
related goods for each eligible child in accordance with an	69187
individual plan of treatment for the child. As an alternative, the	69188
department may authorize payment of health insurance premiums on	69189
behalf of eligible children when the department determines, in	69190
accordance with criteria set forth in rules adopted under division	69191
(A)(9) of section 3701.021 of the Revised Code, that payment of	69192
the premiums is cost-effective.	69193

(E) The department of health shall pay, from appropriations	69194
to the department, any necessary expenses, including but not	69195
limited to, expenses for diagnosis, treatment, service	69196
coordination, supportive services, transportation, and accessories	69197
and their upkeep, provided to medically handicapped children,	69198
provided that the provision of the goods or services is authorized	69199
by the department under division (B) or (D) of this section. Money	69200
appropriated to the department of health may also be expended for	69201
reasonable administrative costs incurred by the program. The	69202
department of health also may purchase liability insurance	69203
covering the provision of services under the program for medically	69204
handicapped children by physicians and other health care	69205
professionals.	69206

Payments made to providers by the department of health	69207
pursuant to this division for inpatient hospital care, outpatient	69208
care, and all other medical assistance furnished to eligible	69209
recipients shall be made in accordance with rules adopted by the	69210
director of health pursuant to division (A) of section 3701.021 of	69211
the Revised Code.	69212

The departments of health and ~~job and family services~~	69213
medicaid shall jointly implement procedures to ensure that	69214
duplicate payments are not made under the program for medically	69215
handicapped children and the ~~medical assistance~~medicaid program	69216
~~established under section 5111.01 of the Revised Code~~ and to	69217
identify and recover duplicate payments.	69218

(F) At the time of applying for participation in the program	69219
for medically handicapped children, a medically handicapped child	69220
or the child's parent or guardian shall disclose the identity of	69221
any third party against whom the child or the child's parent or	69222
guardian has or may have a right of recovery for goods and	69223
services provided under division (B) or (D) of this section. The	69224
department of health shall require a medically handicapped child	69225
who receives services from the program or the child's parent or	69226
guardian to apply for all third-party benefits for which the child	69227
may be eligible and require the child, parent, or guardian to	69228
apply all third-party benefits received to the amount determined	69229
under division (E) of this section as the amount payable for goods	69230
and services authorized under division (B) or (D) of this section.	69231
The department is the payer of last resort and shall pay for	69232
authorized goods or services, up to the amount determined under	69233
division (E) of this section for the authorized goods or services,	69234
only to the extent that payment for the authorized goods or	69235
services is not made through third-party benefits. When a third	69236
party fails to act on an application or claim for benefits by a	69237
medically handicapped child or the child's parent or guardian, the	69238
department shall pay for the goods or services only after ninety	69239
days have elapsed since the date the child, parents, or guardians	69240
made an application or claim for all third-party benefits.	69241
Third-party benefits received shall be applied to the amount	69242
determined under division (E) of this section. Third-party	69243
payments for goods and services not authorized under division (B)	69244
or (D) of this section shall not be applied to payment amounts	69245
determined under division (E) of this section. Payment made by the	69246
department shall be considered payment in full of the amount	69247
determined under division (E) of this section. Medicaid payments	69248
for persons eligible for the ~~medical assistance~~medicaid program	69249
~~established under section 5111.01 of the Revised Code~~ shall be	69250
considered payment in full of the amount determined under division	69251
(E) of this section.	69252

(G) The department of health shall administer a program to	69253
provide services to Ohio residents who are twenty-one or more	69254
years of age who have cystic fibrosis and who meet the eligibility	69255
requirements established in rules adopted by the director of	69256
health pursuant to division (A)(7) of section 3701.021 of the	69257
Revised Code, subject to all provisions of this section, but not	69258
subject to section 3701.024 of the Revised Code.	69259

(H) The department of health shall provide for appeals, in	69260
accordance with rules adopted under section 3701.021 of the	69261
Revised Code, of denials of applications for the program for	69262
medically handicapped children under division (A) or (D) of this	69263
section, disqualification of providers, or amounts paid under	69264
division (E) of this section. Appeals under this division are not	69265
subject to Chapter 119. of the Revised Code.	69266

The department may designate ombudspersons to assist	69267
medically handicapped children or their parents or guardians, upon	69268
the request of the children, parents, or guardians, in filing	69269
appeals under this division and to serve as children's, parents',	69270
or guardians' advocates in matters pertaining to the	69271
administration of the program for medically handicapped children	69272
and eligibility for program services. The ombudspersons shall	69273
receive no compensation but shall be reimbursed by the department,	69274
in accordance with rules of the office of budget and management,	69275
for their actual and necessary travel expenses incurred in the	69276
performance of their duties.	69277

(I) The department of health, and city and general health	69278
districts providing service coordination pursuant to division	69279
(A)(2) of section 3701.024 of the Revised Code, shall provide	69280
service coordination in accordance with the standards set forth in	69281
the rules adopted under section 3701.021 of the Revised Code,	69282
without charge, and without restriction as to economic status.	69283

(J)(1) The department of health may establish a manufacturer	69284
discount program under which a manufacturer of a drug or	69285
nutritional formula is permitted to enter into an agreement with	69286
the department to provide a discount on the price of the drug or	69287
nutritional formula distributed to medically handicapped children	69288
participating in the program for medically handicapped children.	69289
The program shall be administered in accordance with rules adopted	69290
under section 3701.021 of the Revised Code.	69291

(2) If a manufacturer enters into an agreement with the	69292
department as described in division (J)(1) of this section, the	69293
manufacturer and the department may negotiate the amount and terms	69294
of the discount.	69295

(3) In lieu of establishing a discount program as described	69296
in division (J)(1) of this section, the department and a	69297
manufacturer of a drug or nutritional formula may discuss a	69298
donation of drugs, nutritional formulas, or money by the	69299
manufacturer to the department.	69300

Sec. 3701.024. (A)(1) Under a procedure established in rules	69301
adopted under section 3701.021 of the Revised Code, the department	69302
of health shall determine the amount each county shall provide	69303
annually for the program for medically handicapped children, based	69304
on a proportion of the county's total general property tax	69305
duplicate, not to exceed one-tenth of a mill, and charge the	69306
county for any part of expenses incurred under the program for	69307
treatment services on behalf of medically handicapped children	69308
having legal settlement in the county that is not paid from	69309
federal funds or through the ~~medical assistance~~medicaid program	69310
~~established under section 5111.01 of the Revised Code~~. The	69311
department shall not charge the county for expenses exceeding the	69312
difference between the amount determined under division (A)(1) of	69313
this section and any amounts retained under divisions (A)(2) and	69314
(3) of this section.	69315

All amounts collected by the department under division (A)(1)	69316
of this section shall be deposited into the state treasury to the	69317
credit of the medically handicapped children-county assessment	69318
fund, which is hereby created. The fund shall be used by the	69319
department to comply with sections 3701.021 to 3701.028 of the	69320
Revised Code.	69321

(2) The department, in accordance with rules adopted under	69322
section 3701.021 of the Revised Code, may allow each county to	69323
retain up to ten per cent of the amount determined under division	69324
(A)(1) of this section to provide funds to city or general health	69325
districts of the county with which the districts shall provide	69326
service coordination, public health nursing, or transportation	69327
services for medically handicapped children.	69328

(3) In addition to any amount retained under division (A)(2)	69329
of this section, the department, in accordance with rules adopted	69330
under section 3701.021 of the Revised Code, may allow counties	69331
that it determines have significant numbers of potentially	69332
eligible medically handicapped children to retain an amount equal	69333
to the difference between:	69334

(a) Twenty-five per cent of the amount determined under	69335
division (A)(1) of this section;	69336

(b) Any amount retained under division (A)(2) of this	69337
section.	69338

Counties shall use amounts retained under division (A)(3) of	69339
this section to provide funds to city or general health districts	69340
of the county with which the districts shall conduct outreach	69341
activities to increase participation in the program for medically	69342
handicapped children.	69343

(4) Prior to any increase in the millage charged to a county,	69344
the director of health shall hold a public hearing on the proposed	69345
increase and shall give notice of the hearing to each board of	69346
county commissioners that would be affected by the increase at	69347
least thirty days prior to the date set for the hearing. Any	69348
county commissioner may appear and give testimony at the hearing.	69349
Any increase in the millage any county is required to provide for	69350
the program for medically handicapped children shall be	69351
determined, and notice of the amount of the increase shall be	69352
provided to each affected board of county commissioners, no later	69353
than the first day of June of the fiscal year next preceding the	69354
fiscal year in which the increase will take effect.	69355

(B) Each board of county commissioners shall establish a	69356
medically handicapped children's fund and shall appropriate	69357
thereto an amount, determined in accordance with division (A)(1)	69358
of this section, for the county's share in providing medical,	69359
surgical, and other aid to medically handicapped children residing	69360
in such county and for the purposes specified in divisions (A)(2)	69361
and (3) of this section. Each county shall use money retained	69362
under divisions (A)(2) and (3) of this section only for the	69363
purposes specified in those divisions.	69364

Sec. 3701.027. The department of health shall administer	69365
funds received from the "Maternal and Child Health Block Grant,"	69366
Title V of the "Social Security Act," 95 Stat. 818 (1981), 42	69367
U.S.C.A. 701, as amended, for programs including the program for	69368
medically handicapped children, and to provide technical	69369
assistance and consultation to city and general health districts	69370
and local health planning organizations in implementing local,	69371
community-based, family-centered, coordinated systems of care for	69372
medically handicapped children. The department may make grants to	69373
persons and other entities for the provision of services with the	69374
funds. In addition, the department may use the funds to purchase	69375
liability insurance covering the provision of services under the	69376
programs by physicians and other health care professionals, and to	69377
pay health insurance premiums on behalf of medically handicapped	69378
children participating in the program for medically handicapped	69379
children when the department determines, in accordance with	69380
criteria set forth in rules adopted under division (A)(9) of	69381
section 3701.021 of the Revised Code, that payment of the premiums	69382
is cost effective.	69383

In determining eligibility for services provided with funds	69384
received from the "Maternal and Child Health Block Grant," the	69385
department may use the application form established under section	69386
~~5111.013~~5163.40 of the Revised Code. The department may require	69387
applicants to furnish their social security numbers. Funds from	69388
the "Maternal and Child Health Block Grant" that are administered	69389
for the purpose of providing family planning services shall be	69390
distributed in accordance with section 3701.033 of the Revised	69391
Code.	69392

Sec. 3701.033. (A) This section establishes the order of	69393
priority to be followed by the department of health when	69394
distributing funds for the purpose of providing family planning	69395
services, including funds the department receives through the	69396
"Maternal and Child Health Block Grant," Title V of the "Social	69397
Security Act," 95 Stat. 818 (1981), 42 U.S.C. 701, as amended, and	69398
funds the department receives through Title X of the "Public	69399
Health Service Act," 84 Stat. 1504 (1970), 42 U.S.C. 300a, as	69400
amended. This section does not apply to grants awarded by the	69401
department under section 3701.046 of the Revised Code.	69402

(B) With respect to each period during which funds from a	69403
particular source are distributed for the purpose of providing	69404
family planning services, the department is subject to both of the	69405
following when distributing the funds to applicants seeking those	69406
funds:	69407

(1) Foremost priority shall be given to public entities that	69408
are operated by state or local government entities and that	69409
provide or are able to provide family planning services.	69410

(2) If any funds remain after the department distributes	69411
funds to public entities under division (B)(1) of this section,	69412
the department may distribute funds to nonpublic entities. If	69413
funds are distributed to nonpublic entities, the department shall	69414
distribute the funds in the following order of descending	69415
priority:	69416

(a) Nonpublic entities that are federally qualified health	69417
centers or federally qualified health center look-alikes, both as	69418
defined in section 3701.047 of the Revised Code, or community	69419
action agencies, as defined in section 122.66 of the Revised Code;	69420

(b) Nonpublic entities that provide comprehensive primary and	69421
preventive care services in addition to family planning services;	69422

(c) Nonpublic entities that provide family planning services,	69423
but do not provide comprehensive primary and preventive care	69424
services.	69425

Sec. 3701.13. The department of health shall have	69426
supervision of all matters relating to the preservation of the	69427
life and health of the people and have ultimate authority in	69428
matters of quarantine and isolation, which it may declare and	69429
enforce, when neither exists, and modify, relax, or abolish, when	69430
either has been established. The department may approve methods of	69431
immunization against the diseases specified in section 3313.671 of	69432
the Revised Code for the purpose of carrying out the provisions of	69433
that section and take such actions as are necessary to encourage	69434
vaccination against those diseases.	69435

The department may make special or standing orders or rules	69436
for preventing the use of fluoroscopes for nonmedical purposes	69437
~~which~~that emit doses of radiation likely to be harmful to any	69438
person, for preventing the spread of contagious or infectious	69439
diseases, for governing the receipt and conveyance of remains of	69440
deceased persons, and for such other sanitary matters as are best	69441
controlled by a general rule. Whenever possible, the department	69442
shall work in cooperation with the health commissioner of a	69443
general or city health district. ItThe department may make and	69444
enforce orders in local matters or reassign substantive authority	69445
for mandatory programs from a general or city health district to	69446
another general or city health district when an emergency exists,	69447
or when the board of health of a general or city health district	69448
has neglected or refused to act with sufficient promptness or	69449
efficiency, or when such board has not been established as	69450
provided by sections 3709.02, 3709.03, 3709.05, 3709.06, 3709.11,	69451
3709.12, and 3709.14 of the Revised Code. In such cases, the	69452
necessary expense incurred shall be paid by the general health	69453
district or city for which the services are rendered.	69454

The department of health may require general or city health	69455
districts to enter into agreements for shared services under	69456
section 9.482 of the Revised Code. The department shall prepare	69457
and offer to boards of health a model contract and memorandum of	69458
understanding that are easily adaptable for use by boards of	69459
health when entering into shared services agreements. The	69460
department also may offer financial and other technical assistance	69461
to boards of health to encourage the sharing of services.	69462

As a condition precedent to receiving funding from the	69463
department of health, the director of health may require general	69464
or city health districts to apply for accreditation by July 1,	69465
2018, and be accredited by July 1, 2020, by an accreditation body	69466
approved by the director. The director of health, by July 1, 2016,	69467
shall conduct an evaluation of general and city health district	69468
preparation for accreditation, including an evaluation of each	69469
district's reported public health quality indicators as provided	69470
for in section 3701.98 of the Revised Code.	69471

The department may make evaluative studies of the nutritional	69472
status of Ohio residents, and of the food and nutrition-related	69473
programs operating within the state. Every agency of the state, at	69474
the request of the department, shall provide information and	69475
otherwise assist in the execution of such studies.	69476

Sec. 3701.139. (A) The hope for a smile program is hereby	69477
established as a collaboration between the department of health	69478
and the following entities:	69479

(1) The Ohio dental association;

69480

(2) The Ohio dental hygienists association;

69481

(3) The Ohio state university college of dentistry and the	69482
dental hygiene program at that college;	69483

(4) Case western reserve university school of dental	69484
medicine;	69485

(5) Shawnee state university;

69486

(6) James A. Rhodes state college;

69487

(7) Columbus state community college;

69488

(8) Cuyahoga community college, metropolitan campus;

69489

(9) Youngstown state university;

69490

(10) Lorain county community college;

69491

(11) Lakeland community college;

69492

(12) University of Cincinnati;

69493

(13) Sinclair community college;

69494

(14) Owens community college;

69495

(15) Stark state college.

69496

The primary objective of the program is to improve the oral	69497
health of school-age children, which the general assembly declares	69498
to be one of the most unmet health care needs of this state.	69499
Services provided under the program shall be targeted at	69500
school-age children who are indigent and uninsured, although other	69501
children may be served. The advisory council appointed under	69502
division (H) of this section may recommend additional populations	69503
to be targeted.	69504

(B) With assistance from the director of administrative	69505
services and using the state's purchasing power, the director of	69506
health shall use money from any one or more of the following	69507
sources to purchase or secure the use of, maintain, and operate	69508
three buses equipped as mobile dental units: the economic	69509
development programs fund created in section 3772.17 of the	69510
Revised Code, the hope for a smile program fund created in	69511
division (F) of this section, and other public funds.	69512

(C) The director of health shall divide the state into three	69513
regions (northern, central, and southern) and assign one bus to	69514
each region. Dentists, dental hygienists, and faculty and staff of	69515
the dental and dental hygiene programs of this state shall staff	69516
each bus and travel to schools in their assigned regions, with	69517
priority given to schools attended by high numbers of children in	69518
the program's targeted population. Services shall be provided in	69519
accordance with Chapter 4715. of the Revised Code.	69520

(D) The director of health shall apply on the program's	69521
behalf to the department of medicaid for a medicaid provider	69522
agreement. The director also shall arrange with private insurance	69523
companies in this state for the program to be reimbursed for	69524
services provided to children who have coverage through those	69525
companies.	69526

(E) Service to the program by students of dental and dental	69527
hygiene programs whose faculty and staff participate in the	69528
program as described in division (C) of this section shall be	69529
recognized by the governor and general assembly as a workforce and	69530
economic development initiative.	69531

(F) The program may accept grants, donations, and awards. The	69532
program may seek reimbursement from the medicaid program for	69533
services provided to children who are medicaid recipients and from	69534
private insurance companies for services provided to children	69535
covered by policies issued by those companies. The program may	69536
apply for money allocated by the United States department of labor	69537
or other entities for workforce or economic development	69538
initiatives.	69539

Any funds received from a source described in this division	69540
shall be deposited into the hope for a smile program fund, which	69541
is hereby created. Any interest earned on money in the fund shall	69542
be credited to the fund.	69543

(G) Dentists and dental hygienists who provide services free	69544
of charge under the program may deduct the fair market value of	69545
such services in computing Ohio adjusted gross income under	69546
section 5747.01 of the Revised Code.	69547

(H) The director of health shall appoint the hope for a smile	69548
advisory council to advise the director in the adoption of rules	69549
under division (I) of this section. The council's membership shall	69550
consist of representatives of the Ohio dental association, the	69551
Ohio dental hygienists association, the Ohio state university	69552
college of dentistry, the case western reserve university school	69553
of dental medicine, the Ohio council of dental hygiene directors,	69554
and other members considered appropriate by the director.	69555

(I) In consultation with the advisory council, the director	69556
of health shall adopt rules as necessary to implement and	69557
administer this section. The rules shall be adopted in accordance	69558
with Chapter 119. of the Revised Code.	69559

(J) Not later than the first day of July each year, the	69560
director of health, with input from the advisory council, shall	69561
submit to the governor, president and minority leader of the	69562
senate, and the speaker and minority leader of the house of	69563
representatives a report on progress the program has made in	69564
achieving the objective expressed in division (A) of this section,	69565
saving money for the medicaid program and other safety net	69566
programs, and promoting workforce and economic development in this	69567
state.	69568

Sec. 3701.243. (A) Except as provided in this section or	69569
section 3701.248 of the Revised Code, no person or agency of state	69570
or local government that acquires the information while providing	69571
any health care service or while in the employ of a health care	69572
facility or health care provider shall disclose or compel another	69573
to disclose any of the following:	69574

(1) The identity of any individual on whom an HIV test is	69575
performed;	69576

(2) The results of an HIV test in a form that identifies the	69577
individual tested;	69578

(3) The identity of any individual diagnosed as having AIDS	69579
or an AIDS-related condition.	69580

(B)(1) Except as provided in divisions (B)(2), (C), (D), and	69581
(F) of this section, the results of an HIV test or the identity of	69582
an individual on whom an HIV test is performed or who is diagnosed	69583
as having AIDS or an AIDS-related condition may be disclosed only	69584
to the following:	69585

(a) The individual who was tested or the individual's legal	69586
guardian, and the individual's spouse or any sexual partner;	69587

(b) A person to whom disclosure is authorized by a written	69588
release, executed by the individual tested or by the individual's	69589
legal guardian and specifying to whom disclosure of the test	69590
results or diagnosis is authorized and the time period during	69591
which the release is to be effective;	69592

69593

(d) The department of health or a health commissioner to	69594
which reports are made under section 3701.24 of the Revised Code;	69595

(e) A health care facility or provider that procures,	69596
processes, distributes, or uses a human body part from a deceased	69597
individual, donated for a purpose specified in Chapter 2108. of	69598
the Revised Code, and that needs medical information about the	69599
deceased individual to ensure that the body part is medically	69600
acceptable for its intended purpose;	69601

(f) Health care facility staff committees or accreditation or	69602
oversight review organizations conducting program monitoring,	69603
program evaluation, or service reviews;	69604

(g) A health care provider, emergency medical services	69605
worker, or peace officer who sustained a significant exposure to	69606
the body fluids of another individual, if that individual was	69607
tested pursuant to division (E)(6) of section 3701.242 of the	69608
Revised Code, except that the identity of the individual tested	69609
shall not be revealed;	69610

(h) To law enforcement authorities pursuant to a search	69611
warrant or a subpoena issued by or at the request of a grand jury,	69612
a prosecuting attorney, a city director of law or similar chief	69613
legal officer of a municipal corporation, or a village solicitor,	69614
in connection with a criminal investigation or prosecution.	69615

(2) The results of an HIV test or a diagnosis of AIDS or an	69616
AIDS-related condition may be disclosed to a health care provider,	69617
or an authorized agent or employee of a health care facility or a	69618
health care provider, if the provider, agent, or employee has a	69619
medical need to know the information and is participating in the	69620
diagnosis, care, or treatment of the individual on whom the test	69621
was performed or who has been diagnosed as having AIDS or an	69622
AIDS-related condition.	69623

This division does not impose a standard of disclosure	69624
different from the standard for disclosure of all other specific	69625
information about a patient to health care providers and	69626
facilities. Disclosure may not be requested or made solely for the	69627
purpose of identifying an individual who has a positive HIV test	69628
result or has been diagnosed as having AIDS or an AIDS-related	69629
condition in order to refuse to treat the individual. Referral of	69630
an individual to another health care provider or facility based on	69631
reasonable professional judgment does not constitute refusal to	69632
treat the individual.	69633

(3) Not later than ninety days after November 1, 1989, each	69634
health care facility in this state shall establish a protocol to	69635
be followed by employees and individuals affiliated with the	69636
facility in making disclosures authorized by division (B)(2) of	69637
this section. A person employed by or affiliated with a health	69638
care facility who determines in accordance with the protocol	69639
established by the facility that a disclosure is authorized by	69640
division (B)(2) of this section is immune from liability to any	69641
person in a civil action for damages for injury, death, or loss to	69642
person or property resulting from the disclosure.	69643

(C)(1) Any person or government agency may seek access to or	69644
authority to disclose the HIV test records of an individual in	69645
accordance with the following provisions:	69646

(a) The person or government agency shall bring an action in	69647
a court of common pleas requesting disclosure of or authority to	69648
disclose the results of an HIV test of a specific individual, who	69649
shall be identified in the complaint by a pseudonym but whose name	69650
shall be communicated to the court confidentially, pursuant to a	69651
court order restricting the use of the name. The court shall	69652
provide the individual with notice and an opportunity to	69653
participate in the proceedings if the individual is not named as a	69654
party. Proceedings shall be conducted in chambers unless the	69655
individual agrees to a hearing in open court.	69656

(b) The court may issue an order granting the plaintiff	69657
access to or authority to disclose the test results only if the	69658
court finds by clear and convincing evidence that the plaintiff	69659
has demonstrated a compelling need for disclosure of the	69660
information that cannot be accommodated by other means. In	69661
assessing compelling need, the court shall weigh the need for	69662
disclosure against the privacy right of the individual tested and	69663
against any disservice to the public interest that might result	69664
from the disclosure, such as discrimination against the individual	69665
or the deterrence of others from being tested.	69666

(c) If the court issues an order, it shall guard against	69667
unauthorized disclosure by specifying the persons who may have	69668
access to the information, the purposes for which the information	69669
shall be used, and prohibitions against future disclosure.	69670

(2) A person or government agency that considers it necessary	69671
to disclose the results of an HIV test of a specific individual in	69672
an action in which it is a party may seek authority for the	69673
disclosure by filing an in camera motion with the court in which	69674
the action is being heard. In hearing the motion, the court shall	69675
employ procedures for confidentiality similar to those specified	69676
in division (C)(1) of this section. The court shall grant the	69677
motion only if it finds by clear and convincing evidence that a	69678
compelling need for the disclosure has been demonstrated.	69679

(3) Except for an order issued in a criminal prosecution or	69680
an order under division (C)(1) or (2) of this section granting	69681
disclosure of the result of an HIV test of a specific individual,	69682
a court shall not compel a blood bank, hospital blood center, or	69683
blood collection facility to disclose the result of HIV tests	69684
performed on the blood of voluntary donors in a way that reveals	69685
the identity of any donor.	69686

(4) In a civil action in which the plaintiff seeks to recover	69687
damages from an individual defendant based on an allegation that	69688
the plaintiff contracted the HIV virus as a result of actions of	69689
the defendant, the prohibitions against disclosure in this section	69690
do not bar discovery of the results of any HIV test given to the	69691
defendant or any diagnosis that the defendant suffers from AIDS or	69692
an AIDS-related condition.	69693

(D) The results of an HIV test or the identity of an	69694
individual on whom an HIV test is performed or who is diagnosed as	69695
having AIDS or an AIDS-related condition may be disclosed to a	69696
federal, state, or local government agency, or the official	69697
representative of such an agency, for purposes of the ~~medical~~	69698
~~assistance~~medicaid program ~~established under section 5111.01 of~~	69699
~~the Revised Code~~, the medicare program ~~established under Title~~	69700
~~XVIII of the "Social Security Act," 49 Stat. 620 (1935) 42~~	69701
~~U.S.C.A. 301, as amended~~, or any other public assistance program.	69702

(E) Any disclosure pursuant to this section shall be in	69703
writing and accompanied by a written statement that includes the	69704
following or substantially similar language: "This information has	69705
been disclosed to you from confidential records protected from	69706
disclosure by state law. You shall make no further disclosure of	69707
this information without the specific, written, and informed	69708
release of the individual to whom it pertains, or as otherwise	69709
permitted by state law. A general authorization for the release of	69710
medical or other information is not sufficient for the purpose of	69711
the release of HIV test results or diagnoses."	69712

(F) An individual who knows that the individual has received	69713
a positive result on an HIV test or has been diagnosed as having	69714
AIDS or an AIDS-related condition shall disclose this information	69715
to any other person with whom the individual intends to make	69716
common use of a hypodermic needle or engage in sexual conduct as	69717
defined in section 2907.01 of the Revised Code. An individual's	69718
compliance with this division does not prohibit a prosecution of	69719
the individual for a violation of division (B) of section 2903.11	69720
of the Revised Code.	69721

(G) Nothing in this section prohibits the introduction of	69722
evidence concerning an HIV test of a specific individual in a	69723
criminal proceeding.	69724

Sec. 3701.261. (A) As used in this section, "state	69725
university" has the same meaning as in section 3345.011 of the	69726
Revised Code.	69727

(B) The director of health shall:

69728

(1) Establish a population-based cancer registry, which shall	69729
be known as the Ohio cancer incidence surveillance system, to	69730
monitor the incidence of various types of malignant diseases in	69731
Ohio, make appropriate epidemiologic studies to determine any	69732
causal relations of such diseases with occupational, nutritional,	69733
environmental, or infectious conditions, and alleviate or	69734
eliminate any such conditions;	69735

(2) Advise, consult, cooperate with, and assist, by contract	69736
or otherwise, agencies of the state and federal government,	69737
agencies of the governments of other states, agencies of political	69738
subdivisions of this state, universities, private organizations,	69739
corporations, and associations for the purposes of division	69740
~~(A)~~(B)(1) of this section;	69741

(3) Accept and administer grants from the federal government	69742
or other sources, public or private, for carrying out any of the	69743
functions enumerated in divisions ~~(A)~~(B)(1) and (2) of this	69744
section.	69745

~~(B)~~(C) The Ohio cancer incidence surveillance system shall	69746
follow a model of cancer data collection as set forth by the	69747
survey epidemiology and end results system (SEERS).	69748

(D) The department may, by contract, designate a state	69749
university as an agent to implement some or all of this section	69750
and section 3701.262 of the Revised Code and the rules adopted	69751
under those sections.	69752

Sec. 3701.262. (A) As used in this section ~~and section~~	69753
~~3701.263 of the Revised Code~~:	69754

(1) "Physician" means a person who holds a valid certificate	69755
issued under Chapter 4731. of the Revised Code authorizing the	69756
person to practice medicine orand surgery or osteopathic medicine	69757
and surgery.	69758

(2) "Dentist" means a person who is licensed under Chapter	69759
4715. of the Revised Code to practice dentistry.	69760

(3) "Hospital" has the same meaning as in section 3727.01 of	69761
the Revised Code.	69762

(4) "Cancer" includes those diseases specified by rule of the	69763
director of health under division (B)(2) of this section.	69764

(B) The director of health shall adopt rules in accordance	69765
with Chapter 119. of the Revised Code to do all of the following:	69766

(1) Establish the Ohio cancer incidence surveillance system	69767
required by section 3701.261 of the Revised Code;	69768

(2) Specify the types of cancer and other tumorous and	69769
precancerous diseases to be reported to the department of health	69770
under division (D) of this section;	69771

(3) Establish reporting requirements for information	69772
concerning diagnosed cancer cases as the director considers	69773
necessary to conduct epidemiologic surveys of cancer in this	69774
state;	69775

(4) Establish standards that must be met by research projects	69776
to be eligible to receive information concerning individual cancer	69777
patients from the department of health ~~under division (B) of~~	69778
~~section 3701.263 of the Revised Code~~.	69779

(C) The department of health shall record in the registry all	69780
reports of cancer received by it. In the development and	69781
administration of the cancer registry the department may use	69782
information compiled by public or private cancer registries and	69783
may contract for the collection and analysis of, and research	69784
related to, the information recorded under this section.	69785

(D)(1) Each physician, dentist, hospital, or person providing	69786
diagnostic or treatment services to patients with cancer shall	69787
report each case of cancer to the department. Any person required	69788
to report pursuant to this section may elect to report to the	69789
department through an existing cancer registry if the registry	69790
meets the reporting standards established by the director and	69791
reports to the department.	69792

(2) No person shall fail to make the cancer reports required	69793
by division (D)(1) of this section.	69794

(E) All physicians, dentists, hospitals, or persons providing	69795
diagnostic or treatment services to patients with cancer shall	69796
grant to the department or its authorized representative access to	69797
all records that identify cases of cancer or establish	69798
characteristics of cancer, the treatment of cancer, or the medical	69799
status of any identified cancer patient.	69800

(F) The Arthur G. James cancer hospital and Richard J. Solove	69801
research institute of the Ohio state university, shall analyze and	69802
evaluate the cancer reports collected pursuant to this section.	69803
The department shall publish and make available to the public	69804
reports summarizing the information collected. Reports shall be	69805
made on a calendar year basis and published not later than ninety	69806
days after the end of each calendar year.	69807

(G) Furnishing information, including records, reports,	69808
statements, notes, memoranda, or other information, to the	69809
department of health, either voluntarily or as required by this	69810
section, or to a person or governmental entity designated as a	69811
medical research project by the department, does not subject a	69812
physician, dentist, hospital, or person providing diagnostic or	69813
treatment services to patients with cancer to liability in an	69814
action for damages or other relief for furnishing the information.	69815

(H) This section does not affect the authority of any person	69816
or facility providing diagnostic or treatment services to patients	69817
with cancer to maintain facility-based tumor registries, in	69818
addition to complying with the reporting requirements of this	69819
section.	69820

~~(I) No person shall fail to make the cancer reports required~~	69821
~~by division (D) of this section.~~	69822

Sec. 3701.264. There is hereby created the Ohio cancer	69823
incidence surveillance system advisory board. The board shall	69824
consist of the director of health, who shall serve as chair of the	69825
board, and one representative, appointed by the governor, from	69826
each medical school accredited by the liaison committee on medical	69827
education and each osteopathic medical school accredited by the	69828
American osteopathic association in Ohio. In addition, the	69829
director of health shall appoint up to three additional members of	69830
the board. Vacancies on the board shall be filled in the same	69831
manner as the initial appointments. Members shall serve without	69832
compensation.	69833

The board shall provide oversight of the collection and	69834
analysis of data by the Ohio cancer incidence surveillance system	69835
to the director of health and the Arthur G. James cancer hospital	69836
and Richard J. Solove research institute of the Ohio state	69837
university and advise in the implementation of sections 3701.261	69838
~~to 3701.263~~and 3701.262 of the Revised Code. The board shall meet	69839
and conduct its business as directed by the chair.	69840

~~The board shall report to the finance committees of both~~	69841
~~houses of the general assembly, not later than March 1, 2001, on~~	69842
~~the progress made in implementing sections 3701.261 to 3701.263 of~~	69843
~~the Revised Code.~~	69844

The board is not subject to sections 101.82 to 101.87 of the	69845
Revised Code.	69846

Sec. 3701.342. ~~After consultation with the public health~~	69847
~~standards task force established under section 3701.343 of the~~	69848
~~Revised Code, the~~The director of health shall adopt rules	69849
establishing minimum standards and optimum achievable standards	69850
for boards of health and local health departments. The minimum	69851
standards shall assure that boards of health and local health	69852
departments provide for:	69853

(A) Analysis and prevention of communicable disease;

69854

(B) Analysis of the causes of, and appropriate treatment for,	69855
the leading causes of morbidity and mortality;	69856

(C) The administration and management of the local health	69857
department;	69858

(D) Access to primary health care by medically underserved	69859
individuals;	69860

(E) Environmental health management programs;

69861

(F) Health promotion services designed to encourage	69862
individual and community wellness;	69863

(G) Annual completion of two hours of continuing education by	69864
each member of a board of health. The minimum standards shall	69865
provide that continuing education credits shall pertain to ethics,	69866
public health principles, and a member's responsibilities. Credits	69867
may be earned in these topics at pertinent presentations that may	69868
occur during regularly scheduled board meetings throughout the	69869
calendar year or at other programs available for continuing	69870
education credit. The director of health may assist local boards	69871
of health of general and city health districts in coordinating	69872
approved continuing education programs sponsored by health care	69873
licensing boards, commissions, or associations. The minimum	69874
standards also shall provide that continuing education credits	69875
earned for the purpose of license renewal or certification by	69876
licensed health professionals serving on boards of health may be	69877
counted to fulfill the two-hour continuing education requirement.	69878

The director shall adopt rules establishing a formula for	69879
distribution of state health district subsidy funds to boards of	69880
health and local health departments. The formula shall provide no	69881
subsidy funds to a board or department unless it meets minimum	69882
standards and shall provide higher funding levels for boards and	69883
districts that meet optimum achievable standards.	69884

Notwithstanding section 119.03 of the Revised Code, rules	69885
adopted under this section shall not take effect unless approved	69886
by concurrent resolution of the general assembly.	69887

Sec. 3701.344. As used in this section and sections	69888
3701.345, 3701.346, and 3701.347 of the Revised Code:	69889

(A) "Private water system" means any water system for the	69890
provision of water for human consumption, if such system has fewer	69891
than fifteen service connections and does not regularly serve an	69892
average of at least twenty-five individuals daily at least sixty	69893
days out of the year. A private water system includes any well,	69894
spring, cistern, pond, or hauled water and any equipment for the	69895
collection, transportation, filtration, disinfection, treatment,	69896
or storage of such water extending from and including the source	69897
of the water to the point of discharge from any pressure tank or	69898
other storage vessel; to the point of discharge from the water	69899
pump where no pressure tank or other storage vessel is present;	69900
or, in the case of multiple service connections serving more than	69901
one dwelling, to the point of discharge from each service	69902
connection. "Private water system" does not include the water	69903
service line extending from the point of discharge to a structure.	69904

(B) Notwithstanding section 3701.347 of the Revised Code and	69905
subject to division (C) of this section, rules adopted by the	69906
director of health regarding private water systems shall provide	69907
for the following:	69908

(1) Except as otherwise provided in this division, boards of	69909
health of city or general health districts shall be given the	69910
exclusive power to establish fees in accordance with section	69911
3709.09 of the Revised Code for administering and enforcing such	69912
rules. Such fees shall establish a different rate for	69913
administering and enforcing the rules relative to private water	69914
systems serving single-family dwelling houses and nonsingle-family	69915
dwelling houses. Except for an amount established by the director,	69916
pursuant to division (B)(5) of this section, for each new private	69917
water system installation, no portion of any fee for administering	69918
and enforcing such rules shall be returned to the department of	69919
health. If the director of health determines that a board of	69920
health of a city or general health district is unable to	69921
administer and enforce a private water system program in the	69922
district, the director shall administer and enforce such a program	69923
in the district and establish fees for such administration and	69924
enforcement.	69925

(2) Boards of health of city or general health districts	69926
shall be given the exclusive power to determine the number of	69927
inspections necessary for determining the safe drinking	69928
characteristics of a private water system.	69929

(3) Private water systems contractors, as a condition of	69930
doing business in this state, shall annually register with, and	69931
comply with surety bonding requirements of, the department of	69932
health. No such contractor shall be permitted to register if the	69933
contractor fails to comply with all applicable rules adopted by	69934
the director and the board of health of the city or general health	69935
district. The annual registration fee for private water systems	69936
contractors shall be sixty-five dollars. The director, by rule	69937
adopted in accordance with Chapter 119. of the Revised Code, may	69938
increase the annual registration fee.	69939

(4) Subject to rules adopted by the director, boards of	69940
health of city or general health districts shall have the option	69941
of determining whether bacteriological examinations shall be	69942
performed at approved laboratories of the state or at approved	69943
private laboratories.	69944

(5) The director may establish fees for each new private	69945
water system installation, which shall be collected by the	69946
appropriate board of health and transmitted to the director	69947
pursuant to section 3709.092 of the Revised Code.	69948

(6) All fees received by the director of health under	69949
divisions (B)(1), (3), and (5) of this section shall be deposited	69950
in the state treasury to the credit of the general operations fund	69951
created in section 3701.83 of the Revised Code for use in the	69952
administration and enforcement of sections 3701.344 to 3701.347 of	69953
the Revised Code and the rules pertaining to private water systems	69954
adopted under those sections.	69955

(C) To the extent that rules adopted under division (B) of	69956
this section require health districts to follow specific	69957
procedures or use prescribed forms, no such procedure or form	69958
shall be implemented until it is approved by majority vote of an	69959
approval board of health commissioners, hereby created. Members of	69960
the board shall be the officers of the association of Ohio health	69961
commissioners, or any successor organization, and membership on	69962
the board shall be coterminous with holding an office of the	69963
association. No health district is required to follow a procedure	69964
or use a form required by a rule adopted under division (B) of	69965
this section without the approval of the board.	69966

(D) A board of health shall collect well log filing fees on	69967
behalf of the division of soil and water resources in the	69968
department of natural resources in accordance with section 1521.05	69969
of the Revised Code and rules adopted under it. The fees shall be	69970
submitted to the division quarterly as provided in those rules.	69971

(E) A water system that will be used in agriculture and that	69972
does not provide water for human consumption shall not be required	69973
to obtain a permit or license issued under, pay any fees assessed	69974
or levied under, or comply with any rule adopted under sections	69975
3701.34 to 3701.347 of the Revised Code.	69976

Sec. 3701.507. (A) To assist in implementing sections	69977
3701.503 to 3701.509 of the Revised Code, the medically	69978
handicapped children's medical advisory council created in section	69979
3701.025 of the Revised Code shall appoint a permanent infant	69980
hearing screening subcommittee. The subcommittee shall consist of	69981
the following members:	69982

(1) One otolaryngologist;

69983

(2) One neonatologist;

69984

(3) One pediatrician;

69985

(4) One neurologist;

69986

(5) One hospital administrator;

69987

(6) Two or more audiologists who are experienced in infant	69988
hearing screening and evaluation;	69989

(7) One speech-language pathologist licensed under section	69990
4753.07 of the Revised Code;	69991

(8) Two persons who are each a parent of a hearing-impaired	69992
child;	69993

(9) One geneticist;

69994

(10) One epidemiologist;

69995

(11) One adult who is deaf or hearing impaired;

69996

(12) One representative from an organization for the deaf or	69997
hearing impaired;	69998

(13) One family advocate;

69999

(14) One nurse from a well-baby neonatal nursery;

70000

(15) One nurse from a special care neonatal nursery;

70001

(16) One teacher of the deaf who works with infants and	70002
toddlers;	70003

(17) One representative of the health insurance industry;

70004

(18) One representative of the bureau for children with	70005
medical handicaps;	70006

(19) One representative of the department of education;

70007

(20) One representative of the ~~Ohio~~ department of ~~job and~~	70008
~~family services who has responsibilities regarding~~ medicaid;	70009

(21) Any other person the advisory council appoints.

70010

(B) The infant hearing subcommittee shall:

70011

(1) Consult with the director of health regarding the	70012
administration of sections 3701.503 to 3701.509 of the Revised	70013
Code;	70014

(2) Advise and make recommendations regarding proposed rules	70015
prior to their adoption by the director under section 3701.508 of	70016
the Revised Code;	70017

(3) Consult with the director of health and advise and make	70018
recommendations regarding program development and implementation	70019
under sections 3701.503 to 3701.509 of the Revised Code, including	70020
all of the following:	70021

(a) Establishment under section 3701.504 of the Revised Code	70022
of the statewide hearing screening, tracking, and early	70023
intervention program to identify newborn and infant hearing	70024
impairment;	70025

(b) Identification of locations where hearing evaluations may	70026
be conducted;	70027

(c) Recommendations for methods and techniques of hearing	70028
screening and hearing evaluation;	70029

(d) Referral, data recording and compilation, and procedures	70030
to encourage follow-up hearing care;	70031

(e) Maintenance of a register of newborns and infants who do	70032
not pass the hearing screening;	70033

(f) Preparation of the information required by section	70034
3701.506 of the Revised Code.	70035

Sec. 3701.74. (A) As used in this section and section	70036
3701.741 of the Revised Code:	70037

(1) "Ambulatory care facility" means a facility that provides	70038
medical, diagnostic, or surgical treatment to patients who do not	70039
require hospitalization, including a dialysis center, ambulatory	70040
surgical facility, cardiac catheterization facility, diagnostic	70041
imaging center, extracorporeal shock wave lithotripsy center, home	70042
health agency, inpatient hospice, birthing center, radiation	70043
therapy center, emergency facility, and an urgent care center.	70044
"Ambulatory care facility" does not include the private office of	70045
a physician or dentist, whether the office is for an individual or	70046
group practice.	70047

(2) "Chiropractor" means an individual licensed under Chapter	70048
4734. of the Revised Code to practice chiropractic.	70049

(3) "Emergency facility" means a hospital emergency	70050
department or any other facility that provides emergency medical	70051
services.	70052

(4) "Health care practitioner" means all of the following:

70053

(a) A dentist or dental hygienist licensed under Chapter	70054
4715. of the Revised Code;	70055

(b) A registered or licensed practical nurse licensed under	70056
Chapter 4723. of the Revised Code;	70057

(c) An optometrist licensed under Chapter 4725. of the	70058
Revised Code;	70059

(d) A dispensing optician, spectacle dispensing optician,	70060
contact lens dispensing optician, or spectacle-contact lens	70061
dispensing optician licensed under Chapter 4725. of the Revised	70062
Code;	70063

(e) A pharmacist licensed under Chapter 4729. of the Revised	70064
Code;	70065

(f) A physician;

70066

(g) A physician assistant authorized under Chapter 4730. of	70067
the Revised Code to practice as a physician assistant;	70068

(h) A practitioner of a limited branch of medicine issued a	70069
certificate under Chapter 4731. of the Revised Code;	70070

(i) A psychologist licensed under Chapter 4732. of the	70071
Revised Code;	70072

(j) A chiropractor;

70073

(k) A hearing aid dealer or fitter licensed under Chapter	70074
4747. of the Revised Code;	70075

(l) A speech-language pathologist or audiologist licensed	70076
under Chapter 4753. of the Revised Code;	70077

(m) An occupational therapist or occupational therapy	70078
assistant licensed under Chapter 4755. of the Revised Code;	70079

(n) A physical therapist or physical therapy assistant	70080
licensed under Chapter 4755. of the Revised Code;	70081

(o) A professional clinical counselor, professional	70082
counselor, social worker, or independent social worker licensed,	70083
or a social work assistant registered, under Chapter 4757. of the	70084
Revised Code;	70085

(p) A dietitian licensed under Chapter 4759. of the Revised	70086
Code;	70087

(q) A respiratory care professional licensed under Chapter	70088
4761. of the Revised Code;	70089

(r) An emergency medical technician-basic, emergency medical	70090
technician-intermediate, or emergency medical technician-paramedic	70091
certified under Chapter 4765. of the Revised Code.	70092

(5) "Health care provider" means a hospital, ambulatory care	70093
facility, long-term care facility, pharmacy, emergency facility,	70094
or health care practitioner.	70095

(6) "Hospital" has the same meaning as in section 3727.01 of	70096
the Revised Code.	70097

(7) "Long-term care facility" means a nursing home,	70098
residential care facility, or home for the aging, as those terms	70099
are defined in section 3721.01 of the Revised Code; a residential	70100
facility licensed under section ~~5119.22~~5119.34 of the Revised	70101
Code that provides accommodations, supervision, and personal care	70102
services for three to sixteen unrelated adults; a nursing facility	70103
~~or intermediate care facility for the mentally retarded~~, as ~~those~~	70104
~~terms are~~ defined in section ~~5111.20~~5165.01 of the Revised Code;	70105
~~a facility or portion of a facility certified as~~ a skilled nursing	70106
facility ~~under Title XVIII of the "Social Security Act," 49 Stat.~~	70107
~~286 (1965), 42 U.S.C.A. 1395, as amended~~, as defined in section	70108
5165.01 of the Revised Code; and an intermediate care facility for	70109
individuals with intellectual disabilities, as defined in section	70110
5124.01 of the Revised Code.	70111

(8) "Medical record" means data in any form that pertains to	70112
a patient's medical history, diagnosis, prognosis, or medical	70113
condition and that is generated and maintained by a health care	70114
provider in the process of the patient's health care treatment.	70115

(9) "Medical records company" means a person who stores,	70116
locates, or copies medical records for a health care provider, or	70117
is compensated for doing so by a health care provider, and charges	70118
a fee for providing medical records to a patient or patient's	70119
representative.	70120

(10) "Patient" means either of the following:

70121

(a) An individual who received health care treatment from a	70122
health care provider;	70123

(b) A guardian, as defined in section 1337.11 of the Revised	70124
Code, of an individual described in division (A)(10)(a) of this	70125
section.	70126

(11) "Patient's personal representative" means a minor	70127
patient's parent or other person acting in loco parentis, a	70128
court-appointed guardian, or a person with durable power of	70129
attorney for health care for a patient, the executor or	70130
administrator of the patient's estate, or the person responsible	70131
for the patient's estate if it is not to be probated. "Patient's	70132
personal representative" does not include an insurer authorized	70133
under Title XXXIX of the Revised Code to do the business of	70134
sickness and accident insurance in this state, a health insuring	70135
corporation holding a certificate of authority under Chapter 1751.	70136
of the Revised Code, or any other person not named in this	70137
division.	70138

(12) "Pharmacy" has the same meaning as in section 4729.01 of	70139
the Revised Code.	70140

(13) "Physician" means a person authorized under Chapter	70141
4731. of the Revised Code to practice medicine and surgery,	70142
osteopathic medicine and surgery, or podiatric medicine and	70143
surgery.	70144

(14) "Authorized person" means a person to whom a patient has	70145
given written authorization to act on the patient's behalf	70146
regarding the patient's medical record.	70147

(B) A patient, a patient's personal representative or an	70148
authorized person who wishes to examine or obtain a copy of part	70149
or all of a medical record shall submit to the health care	70150
provider a written request signed by the patient, personal	70151
representative, or authorized person dated not more than one year	70152
before the date on which it is submitted. The request shall	70153
indicate whether the copy is to be sent to the requestor,	70154
physician or chiropractor, or held for the requestor at the office	70155
of the health care provider. Within a reasonable time after	70156
receiving a request that meets the requirements of this division	70157
and includes sufficient information to identify the record	70158
requested, a health care provider that has the patient's medical	70159
records shall permit the patient to examine the record during	70160
regular business hours without charge or, on request, shall	70161
provide a copy of the record in accordance with section 3701.741	70162
of the Revised Code, except that if a physician or chiropractor	70163
who has treated the patient determines for clearly stated	70164
treatment reasons that disclosure of the requested record is	70165
likely to have an adverse effect on the patient, the health care	70166
provider shall provide the record to a physician or chiropractor	70167
designated by the patient. The health care provider shall take	70168
reasonable steps to establish the identity of the person making	70169
the request to examine or obtain a copy of the patient's record.	70170

(C) If a health care provider fails to furnish a medical	70171
record as required by division (B) of this section, the patient,	70172
personal representative, or authorized person who requested the	70173
record may bring a civil action to enforce the patient's right of	70174
access to the record.	70175

(D)(1) This section does not apply to medical records whose	70176
release is covered by section 173.20 or 3721.13 of the Revised	70177
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	70178
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	70179
Records," or by 42 C.F.R. 483.10.	70180

(2) Nothing in this section is intended to supersede the	70181
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	70182
and 2305.252 of the Revised Code.	70183

Sec. 3701.741. (A) Each health care provider and medical	70184
records company shall provide copies of medical records in	70185
accordance with this section.	70186

(B) Except as provided in divisions (C) and (E) of this	70187
section, a health care provider or medical records company that	70188
receives a request for a copy of a patient's medical record shall	70189
charge not more than the amounts set forth in this section.	70190

(1) If the request is made by the patient or the patient's	70191
personal representative, total costs for copies and all services	70192
related to those copies shall not exceed the sum of the following:	70193

(a) Except as provided in division (B)(1)(b) of this section,	70194
with respect to data recorded on paper or electronically, the	70195
following amounts adjusted in accordance with section 3701.742 of	70196
the Revised Code:	70197

(i) Two dollars and seventy-four cents per page for the first	70198
ten pages;	70199

(ii) Fifty-seven cents per page for pages eleven through	70200
fifty;	70201

(iii) Twenty-three cents per page for pages fifty-one and	70202
higher;	70203

(b) With respect to data resulting from an x-ray, magnetic	70204
resonance imaging (MRI), or computed axial tomography (CAT) scan	70205
and recorded on paper or film, one dollar and eighty-seven cents	70206
per page;	70207

(c) The actual cost of any related postage incurred by the	70208
health care provider or medical records company.	70209

(2) If the request is made other than by the patient or the	70210
patient's personal representative, total costs for copies and all	70211
services related to those copies shall not exceed the sum of the	70212
following:	70213

(a) An initial fee of sixteen dollars and eighty-four cents	70214
adjusted in accordance with section 3701.742 of the Revised Code,	70215
which shall compensate for the records search;	70216

(b) Except as provided in division (B)(2)(c) of this section,	70217
with respect to data recorded on paper or electronically, the	70218
following amounts adjusted in accordance with section 3701.742 of	70219
the Revised Code:	70220

(i) One dollar and eleven cents per page for the first ten	70221
pages;	70222

(ii) Fifty-seven cents per page for pages eleven through	70223
fifty;	70224

(iii) Twenty-three cents per page for pages fifty-one and	70225
higher.	70226

(c) With respect to data resulting from an x-ray, magnetic	70227
resonance imaging (MRI), or computed axial tomography (CAT) scan	70228
and recorded on paper or film, one dollar and eighty-seven cents	70229
per page;	70230

(d) The actual cost of any related postage incurred by the	70231
health care provider or medical records company.	70232

(C)(1) On request, a health care provider or medical records	70233
company shall provide one copy of the patient's medical record and	70234
one copy of any records regarding treatment performed subsequent	70235
to the original request, not including copies of records already	70236
provided, without charge to the following:	70237

(a) The bureau of workers' compensation, in accordance with	70238
Chapters 4121. and 4123. of the Revised Code and the rules adopted	70239
under those chapters;	70240

(b) The industrial commission, in accordance with Chapters	70241
4121. and 4123. of the Revised Code and the rules adopted under	70242
those chapters;	70243

(c) The department of ~~job and family services~~medicaid or a	70244
county department of job and family services, in accordance with	70245
Chapters ~~5101.~~5160., 5161., 5162., 5163., 5164., 5165., 5166.,	70246
and ~~5111.~~5167. of the Revised Code and the rules adopted under	70247
those chapters;	70248

(d) The attorney general, in accordance with sections 2743.51	70249
to 2743.72 of the Revised Code and any rules that may be adopted	70250
under those sections;	70251

(e) A patient, patient's personal representative, or	70252
authorized person if the medical record is necessary to support a	70253
claim under Title II or Title XVI of the "Social Security Act," 49	70254
Stat. 620 (1935), 42 U.S.C.A. 401 and 1381, as amended, and the	70255
request is accompanied by documentation that a claim has been	70256
filed.	70257

(2) Nothing in division (C)(1) of this section requires a	70258
health care provider or medical records company to provide a copy	70259
without charge to any person or entity not listed in division	70260
(C)(1) of this section.	70261

(D) Division (C) of this section shall not be construed to	70262
supersede any rule of the bureau of workers' compensation, the	70263
industrial commission, or the department of ~~job and family~~	70264
~~services~~medicaid.	70265

(E) A health care provider or medical records company may	70266
enter into a contract with either of the following for the copying	70267
of medical records at a fee other than as provided in division (B)	70268
of this section:	70269

(1) A patient, a patient's personal representative, or an	70270
authorized person;	70271

(2) An insurer authorized under Title XXXIX of the Revised	70272
Code to do the business of sickness and accident insurance in this	70273
state or health insuring corporations holding a certificate of	70274
authority under Chapter 1751. of the Revised Code.	70275

(F) This section does not apply to medical records the	70276
copying of which is covered by section 173.20 of the Revised Code	70277
or by 42 C.F.R. 483.10.	70278

Sec. 3701.742. ~~Not later than January 31, 2006, the~~The	70279
amounts specified in division (B) of section 3701.741 of the	70280
Revised Code ~~and, not later than the first day of January of each~~	70281
~~year thereafter,~~shall be adjusted annually in accordance with	70282
this section. These amounts plus any amounts previously computed	70283
by annual adjustments made under this section, shall be increased	70284
or decreased by the average percentage of increase or decrease in	70285
the consumer price index for all urban consumers (United States	70286
city average, all items), prepared by the United States department	70287
of labor, bureau of labor statistics, for the	70288
~~twelve-calendar-month period prior to the~~ immediately preceding	70289
~~first day of January~~calendar year over the calendar year	70290
immediately preceding ~~twelve-calendar-month period~~that year, as	70291
reported by the bureau. The director of health shall make this	70292
determination and adjust the amounts accordingly. The director	70293
shall ~~provide a list of the adjusted amounts to any party upon~~	70294
~~request and the department of health shall~~ make ~~the~~a list of the	70295
adjusted amounts available to the public on ~~its~~the internet web	70296
site maintained by the department of health.	70297

Sec. 3701.78. (A) There is hereby created the commission on	70298
minority health, consisting of twenty-one members. The governor	70299
shall appoint to the commission nine members from among health	70300
researchers, health planners, and health professionals. The	70301
governor also shall appoint two members who are representatives of	70302
the lupus awareness and education program. The speaker of the	70303
house of representatives shall appoint to the commission two	70304
members of the house of representatives, not more than one of whom	70305
is a member of the same political party, and the president of the	70306
senate shall appoint to the commission two members of the senate,	70307
not more than one of whom is a member of the same political party.	70308
The following shall be members of the commission: the directors of	70309
health, ~~mental health~~mental health and addiction services,	70310
developmental disabilities, ~~alcohol and drug addiction services,~~	70311
and job and family services, or their designees,; the medicaid	70312
director, or the director's designee; and the superintendent of	70313
public instruction, or the superintendent's designee~~, shall be~~	70314
~~members of the commission~~. ~~The~~	70315

The commission shall elect a chairperson from among its	70316
members. Of	70317

Of the members appointed by the governor, five shall be	70318
appointed to initial terms of one year, and four shall be	70319
appointed to initial terms of two years. Thereafter, all members	70320
appointed by the governor shall be appointed to terms of two	70321
years. All members of the commission appointed by the speaker of	70322
the house of representatives or the president of the senate shall	70323
be nonvoting members of the commission and be appointed within	70324
thirty days after the commencement of the first regular session of	70325
each general assembly, and shall serve until the expiration of the	70326
session of the general assembly during which they were appointed.	70327
~~Members~~	70328

Members of the commission shall serve without compensation,	70329
but shall be reimbursed for the actual and necessary expenses they	70330
incur in the performance of their official duties.	70331

(B) The commission shall promote health and the prevention of	70332
disease among members of minority groups. Each year the commission	70333
shall distribute grants from available funds to community-based	70334
health groups to be used to promote health and the prevention of	70335
disease among members of minority groups. As used in this	70336
division, "minority group" means any of the following economically	70337
disadvantaged groups: Blacks, American Indians, Hispanics, and	70338
Orientals. The commission shall adopt and maintain rules pursuant	70339
to Chapter 119. of the Revised Code to provide for the	70340
distribution of these grants. No group shall qualify to receive a	70341
grant from the commission unless it receives at least twenty per	70342
cent of its funds from sources other than grants distributed under	70343
this section.	70344

(C) The commission may appoint such employees as it considers	70345
necessary to carry out its duties under this section. The	70346
department of health shall provide office space for the	70347
commission.	70348

(D) The commission shall meet at the call of its chairperson	70349
to conduct its official business. A majority of the voting members	70350
of the commission constitute a quorum. The votes of at least eight	70351
voting members of the commission are necessary for the commission	70352
to take any official action or to approve the distribution of	70353
grants under this section.	70354

Sec. 3701.83. (A) There is hereby created in the state	70355
treasury the general operations fund. Moneys in the fund shall be	70356
used for the purposes specified in sections 3701.04, 3701.344,	70357
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3721.022,	70358
3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13,	70359
3749.04, 3749.07, 4747.04, ~~4751.04,~~ and 4769.09 of the Revised	70360
Code.	70361

(B) The alcohol testing program fund is hereby created in the	70362
state treasury. The director of health shall use the fund to	70363
administer and enforce the alcohol testing and permit program	70364
authorized by section 3701.143 of the Revised Code.	70365

The fund shall receive transfers from the liquor control fund	70366
created under section 4301.12 of the Revised Code. All investment	70367
earnings of the alcohol testing program fund shall be credited to	70368
the fund.	70369

Sec. 3701.832. There is created in the state treasury the	70370
department of health medicaid fund. All funds the department of	70371
health receives for the purpose of paying the expenses the	70372
department incurs under the medicaid program shall be deposited	70373
into the fund. The department shall use the money in the fund to	70374
pay the expenses the department incurs under the medicaid program.	70375

Sec. 3701.881. (A) As used in this section:

70376

(1) "Applicant" means a person who is under final	70377
consideration for employment with a home health agency in a	70378
full-time, part-time, or temporary position that involves	70379
providing direct care to an individual or is referred to a home	70380
health agency by an employment service for such a position.	70381

(2) "Community-based long-term care ~~agency~~provider" ~~has the~~	70382
~~same meaning~~means a provider as defined in section 173.39 of the	70383
Revised Code.	70384

(3) "Community-based long-term care subcontractor" means a	70385
subcontractor as defined in section 173.38 of the Revised Code.	70386

(4) "Criminal records check" has the same meaning as in	70387
section 109.572 of the Revised Code.	70388

~~(4)~~(5) "Direct care" means any of the following:

70389

(a) Any service identified in divisions (A)~~(7)~~(8)(a) to (f)	70390
of this section that is provided in a patient's place of residence	70391
used as the patient's home;	70392

(b) Any activity that requires the person performing the	70393
activity to be routinely alone with a patient or to routinely have	70394
access to a patient's personal property or financial documents	70395
regarding a patient;	70396

(c) For each home health agency individually, any other	70397
routine service or activity that the chief administrator of the	70398
home health agency designates as direct care.	70399

~~(5)~~(6) "Disqualifying offense" means any of the offenses	70400
listed or described in divisions (A)(3)(a) to (e) of section	70401
109.572 of the Revised Code.	70402

~~(6)~~(7) "Employee" means a person employed by a home health	70403
agency in a full-time, part-time, or temporary position that	70404
involves providing direct care to an individual and a person who	70405
works in such a position due to being referred to a home health	70406
agency by an employment service.	70407

~~(7)~~(8) "Home health agency" means a person or government	70408
entity, other than a nursing home, residential care facility,	70409
hospice care program, or pediatric respite care program, that has	70410
the primary function of providing any of the following services to	70411
a patient at a place of residence used as the patient's home:	70412

(a) Skilled nursing care;

70413

(b) Physical therapy;

70414

70415

(d) Occupational therapy;

70416

(e) Medical social services;

70417

(f) Home health aide services.

70418

~~(8)~~(9) "Home health aide services" means any of the following	70419
services provided by an employee of a home health agency:	70420

(a) Hands-on bathing or assistance with a tub bath or shower;

70421

(b) Assistance with dressing, ambulation, and toileting;

70422

70423

(d) Meal preparation and feeding.

70424

~~(9)~~(10) "Hospice care program" and "pediatric respite care	70425
program" have the same meanings as in section 3712.01 of the	70426
Revised Code.	70427

~~(10)~~(11) "Medical social services" means services provided by	70428
a social worker under the direction of a patient's attending	70429
physician.	70430

~~(11)~~(12) "Minor drug possession offense" has the same meaning	70431
as in section 2925.01 of the Revised Code.	70432

~~(12)~~(13) "Nursing home," "residential care facility," and	70433
"skilled nursing care" have the same meanings as in section	70434
3721.01 of the Revised Code.	70435

~~(13)~~(14) "Occupational therapy" has the same meaning as in	70436
section 4755.04 of the Revised Code.	70437

~~(14)~~(15) "Physical therapy" has the same meaning as in	70438
section 4755.40 of the Revised Code.	70439

~~(15)~~(16) "Social worker" means a person licensed under	70440
Chapter 4757. of the Revised Code to practice as a social worker	70441
or independent social worker.	70442

~~(16)~~(17) "Speech-language pathology" has the same meaning as	70443
in section 4753.01 of the Revised Code.	70444

~~(17)~~(18) "Waiver agency" has the same meaning as in section	70445
~~5111.033~~5164.342 of the Revised Code.	70446

(B) No home health agency shall employ an applicant or	70447
continue to employ an employee in a position that involves	70448
providing direct care to an individual if any of the following	70449
apply:	70450

(1) A review of the databases listed in division (D) of this	70451
section reveals any of the following:	70452

(a) That the applicant or employee is included in one or more	70453
of the databases listed in divisions (D)(1) to (5) of this	70454
section;	70455

(b) That there is in the state nurse aide registry	70456
established under section 3721.32 of the Revised Code a statement	70457
detailing findings by the director of health that the applicant or	70458
employee neglected or abused a long-term care facility or	70459
residential care facility resident or misappropriated property of	70460
such a resident;	70461

(c) That the applicant or employee is included in one or more	70462
of the databases, if any, specified in rules adopted under this	70463
section and the rules prohibit the home health agency from	70464
employing an applicant or continuing to employ an employee	70465
included in such a database in a position that involves providing	70466
direct care to an individual.	70467

(2) After the applicant or employee is provided, pursuant to	70468
division (E)(2)(a) of this section, a copy of the form prescribed	70469
pursuant to division (C)(1) of section 109.572 of the Revised Code	70470
and the standard impression sheet prescribed pursuant to division	70471
(C)(2) of that section, the applicant or employee fails to	70472
complete the form or provide the applicant's or employee's	70473
fingerprint impressions on the standard impression sheet.	70474

(3) Except as provided in rules adopted under this section,	70475
the applicant or employee is found by a criminal records check	70476
required by this section to have been convicted of, pleaded guilty	70477
to, or been found eligible for intervention in lieu of conviction	70478
for a disqualifying offense.	70479

(C) Except as provided by division (F) of this section, the	70480
chief administrator of a home health agency shall inform each	70481
applicant of both of the following at the time of the applicant's	70482
initial application for employment or referral to the home health	70483
agency by an employment service for a position that involves	70484
providing direct care to an individual:	70485

(1) That a review of the databases listed in division (D) of	70486
this section will be conducted to determine whether the home	70487
health agency is prohibited by division (B)(1) of this section	70488
from employing the applicant in the position;	70489

(2) That, unless the database review reveals that the	70490
applicant may not be employed in the position, a criminal records	70491
check of the applicant will be conducted and the applicant is	70492
required to provide a set of the applicant's fingerprint	70493
impressions as part of the criminal records check.	70494

(D) As a condition of employing any applicant in a position	70495
that involves providing direct care to an individual, the chief	70496
administrator of a home health agency shall conduct a database	70497
review of the applicant in accordance with rules adopted under	70498
this section. If rules adopted under this section so require, the	70499
chief administrator of a home health agency shall conduct a	70500
database review of an employee in accordance with the rules as a	70501
condition of continuing to employ the employee in a position that	70502
involves providing direct care to an individual. However, the	70503
chief administrator is not required to conduct a database review	70504
of an applicant or employee if division (F) of this section	70505
applies. A database review shall determine whether the applicant	70506
or employee is included in any of the following:	70507

(1) The excluded parties list system that is maintained by	70508
the United States general services administration pursuant to	70509
subpart 9.4 of the federal acquisition regulation and available at	70510
the federal web site known as the system for award management;	70511

(2) The list of excluded individuals and entities maintained	70512
by the office of inspector general in the United States department	70513
of health and human services pursuant to ~~section 1128 of~~ the	70514
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	70515
1156, 42 U.S.C. 1320a-7~~, as amended, and section 1156 of the~~	70516
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~and 1320c-5,	70517
~~as amended~~;	70518

(3) The registry of MR/DD employees established under section	70519
5123.52 of the Revised Code;	70520

(4) The internet-based sex offender and child-victim offender	70521
database established under division (A)(11) of section 2950.13 of	70522
the Revised Code;	70523

(5) The internet-based database of inmates established under	70524
section 5120.66 of the Revised Code;	70525

(6) The state nurse aide registry established under section	70526
3721.32 of the Revised Code;	70527

(7) Any other database, if any, specified in rules adopted	70528
under this section.	70529

(E)(1) As a condition of employing any applicant in a	70530
position that involves providing direct care to an individual, the	70531
chief administrator of a home health agency shall request the	70532
superintendent of the bureau of criminal identification and	70533
investigation to conduct a criminal records check of the	70534
applicant. If rules adopted under this section so require, the	70535
chief administrator of a home health agency shall request the	70536
superintendent to conduct a criminal records check of an employee	70537
at times specified in the rules as a condition of continuing to	70538
employ the employee in a position that involves providing direct	70539
care to an individual. However, the chief administrator is not	70540
required to request the criminal records check of the applicant or	70541
the employee if division (F) of this section applies or the home	70542
health agency is prohibited by division (B)(1) of this section	70543
from employing the applicant or continuing to employ the employee	70544
in a position that involves providing direct care to an	70545
individual. If an applicant or employee for whom a criminal	70546
records check request is required by this section does not present	70547
proof of having been a resident of this state for the five-year	70548
period immediately prior to the date upon which the criminal	70549
records check is requested or does not provide evidence that	70550
within that five-year period the superintendent has requested	70551
information about the applicant from the federal bureau of	70552
investigation in a criminal records check, the chief administrator	70553
shall request that the superintendent obtain information from the	70554
federal bureau of investigation as a part of the criminal records	70555
check. Even if an applicant or employee for whom a criminal	70556
records check request is required by this section presents proof	70557
that the applicant or employee has been a resident of this state	70558
for that five-year period, the chief administrator may request	70559
that the superintendent include information from the federal	70560
bureau of investigation in the criminal records check.	70561

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

70562

(a) Provide to each applicant and employee for whom a	70563
criminal records check request is required by this section a copy	70564
of the form prescribed pursuant to division (C)(1) of section	70565
109.572 of the Revised Code and a standard impression sheet	70566
prescribed pursuant to division (C)(2) of that section;	70567

(b) Obtain the completed form and standard impression sheet	70568
from each applicant and employee;	70569

(c) Forward the completed form and standard impression sheet	70570
to the superintendent at the time the chief administrator requests	70571
the criminal records check.	70572

(3) A home health agency shall pay to the bureau of criminal	70573
identification and investigation the fee prescribed pursuant to	70574
division (C)(3) of section 109.572 of the Revised Code for each	70575
criminal records check the agency requests under this section. A	70576
home health agency may charge an applicant a fee not exceeding the	70577
amount the agency pays to the bureau under this section if both of	70578
the following apply:	70579

(a) The home health agency notifies the applicant at the time	70580
of initial application for employment of the amount of the fee and	70581
that, unless the fee is paid, the applicant will not be considered	70582
for employment.	70583

(b) The medicaid program ~~established under Chapter 5111. of~~	70584
~~the Revised Code~~ does not reimburse the home health agency for the	70585
fee it pays to the bureau under this section.	70586

(F) Divisions (C) to (E) of this section do not apply with	70587
regard to an applicant or employee if the applicant or employee is	70588
referred to a home health agency by an employment service that	70589
supplies full-time, part-time, or temporary staff for positions	70590
that involve providing direct care to an individual and both of	70591
the following apply:	70592

(1) The chief administrator of the home health agency	70593
receives from the employment service confirmation that a review of	70594
the databases listed in division (D) of this section was conducted	70595
with regard to the applicant or employee.	70596

(2) The chief administrator of the home health agency	70597
receives from the employment service, applicant, or employee a	70598
report of the results of a criminal records check of the applicant	70599
or employee that has been conducted by the superintendent within	70600
the one-year period immediately preceding the following:	70601

(a) In the case of an applicant, the date of the applicant's	70602
referral by the employment service to the home health agency;	70603

(b) In the case of an employee, the date by which the home	70604
health agency would otherwise have to request a criminal records	70605
check of the employee under division (E) of this section.	70606

(G)(1) A home health agency may employ conditionally an	70607
applicant for whom a criminal records check request is required by	70608
this section before obtaining the results of the criminal records	70609
check if the agency is not prohibited by division (B) of this	70610
section from employing the applicant in a position that involves	70611
providing direct care to an individual and either of the following	70612
applies:	70613

(a) The chief administrator of the home health agency	70614
requests the criminal records check in accordance with division	70615
(E) of this section not later than five business days after the	70616
applicant begins conditional employment.	70617

(b) The applicant is referred to the home health agency by an	70618
employment service, the employment service or the applicant	70619
provides the chief administrator of the agency a letter that is on	70620
the letterhead of the employment service, the letter is dated and	70621
signed by a supervisor or another designated official of the	70622
employment service, and the letter states all of the following:	70623

(i) That the employment service has requested the	70624
superintendent to conduct a criminal records check regarding the	70625
applicant;	70626

(ii) That the requested criminal records check is to include	70627
a determination of whether the applicant has been convicted of,	70628
pleaded guilty to, or been found eligible for intervention in lieu	70629
of conviction for a disqualifying offense;	70630

(iii) That the employment service has not received the	70631
results of the criminal records check as of the date set forth on	70632
the letter;	70633

(iv) That the employment service promptly will send a copy of	70634
the results of the criminal records check to the chief	70635
administrator of the home health agency when the employment	70636
service receives the results.	70637

(2) If a home health agency employs an applicant	70638
conditionally pursuant to division (G)(1)(b) of this section, the	70639
employment service, on its receipt of the results of the criminal	70640
records check, promptly shall send a copy of the results to the	70641
chief administrator of the agency.	70642

(3) A home health agency that employs an applicant	70643
conditionally pursuant to division (G)(1)(a) or (b) of this	70644
section shall terminate the applicant's employment if the results	70645
of the criminal records check, other than the results of any	70646
request for information from the federal bureau of investigation,	70647
are not obtained within the period ending sixty days after the	70648
date the request for the criminal records check is made.	70649
Regardless of when the results of the criminal records check are	70650
obtained, if the results indicate that the applicant has been	70651
convicted of, pleaded guilty to, or been found eligible for	70652
intervention in lieu of conviction for a disqualifying offense,	70653
the home health agency shall terminate the applicant's employment	70654
unless circumstances specified in rules adopted under this section	70655
that permit the agency to employ the applicant exist and the	70656
agency chooses to employ the applicant. Termination of employment	70657
under this division shall be considered just cause for discharge	70658
for purposes of division (D)(2) of section 4141.29 of the Revised	70659
Code if the applicant makes any attempt to deceive the home health	70660
agency about the applicant's criminal record.	70661

(H) The report of any criminal records check conducted by the	70662
bureau of criminal identification and investigation in accordance	70663
with section 109.572 of the Revised Code and pursuant to a request	70664
made under this section is not a public record for the purposes of	70665
section 149.43 of the Revised Code and shall not be made available	70666
to any person other than the following:	70667

(1) The applicant or employee who is the subject of the	70668
criminal records check or the applicant's or employee's	70669
representative;	70670

(2) The home health agency requesting the criminal records	70671
check or its representative;	70672

(3) The administrator of any other facility, agency, or	70673
program that provides direct care to individuals that is owned or	70674
operated by the same entity that owns or operates the home health	70675
agency that requested the criminal records check;	70676

(4) The employment service that requested the criminal	70677
records check;	70678

(5) The director of health and the staff of the department of	70679
health who monitor a home health agency's compliance with this	70680
section;	70681

(6) The director of aging or the director's designee if	70682
either of the following apply:	70683

(a) In the case of a criminal records check requested by a	70684
home health agency, the home health agency also is a	70685
community-based long-term care ~~agency~~provider or community-based	70686
long-term care subcontractor;	70687

(b) In the case of a criminal records check requested by an	70688
employment service, the employment service makes the request for	70689
an applicant or employee the employment service refers to a home	70690
health agency that also is a community-based long-term care	70691
~~agency~~provider or community-based long-term care subcontractor.	70692

(7) The medicaid director ~~of job and family services~~ and the	70693
staff of the department of ~~job and family services~~medicaid who	70694
are involved in the administration of the medicaid program if	70695
either of the following apply:	70696

(a) In the case of a criminal records check requested by a	70697
home health agency, the home health agency also is a waiver	70698
agency;	70699

(b) In the case of a criminal records check requested by an	70700
employment service, the employment service makes the request for	70701
an applicant or employee the employment service refers to a home	70702
health agency that also is a waiver agency.	70703

(8) Any court, hearing officer, or other necessary individual	70704
involved in a case dealing with any of the following:	70705

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

70706

(b) Employment or unemployment benefits of the applicant or	70707
employee;	70708

(c) A civil or criminal action regarding the medicaid	70709
program.	70710

(I) In a tort or other civil action for damages that is	70711
brought as the result of an injury, death, or loss to person or	70712
property caused by an applicant or employee who a home health	70713
agency employs in a position that involves providing direct care	70714
to an individual, all of the following shall apply:	70715

(1) If the home health agency employed the applicant or	70716
employee in good faith and reasonable reliance on the report of a	70717
criminal records check requested under this section, the agency	70718
shall not be found negligent solely because of its reliance on the	70719
report, even if the information in the report is determined later	70720
to have been incomplete or inaccurate.	70721

(2) If the home health agency employed the applicant in good	70722
faith on a conditional basis pursuant to division (G) of this	70723
section, the agency shall not be found negligent solely because it	70724
employed the applicant prior to receiving the report of a criminal	70725
records check requested under this section.	70726

(3) If the home health agency in good faith employed the	70727
applicant or employee according to the personal character	70728
standards established in rules adopted under this section, the	70729
agency shall not be found negligent solely because the applicant	70730
or employee had been convicted of, pleaded guilty to, or been	70731
found eligible for intervention in lieu of conviction for a	70732
disqualifying offense.	70733

(J) The director of health shall adopt rules in accordance	70734
with Chapter 119. of the Revised Code to implement this section.	70735

(1) The rules may do the following:

70736

(a) Require employees to undergo database reviews and	70737
criminal records checks under this section;	70738

(b) If the rules require employees to undergo database	70739
reviews and criminal records checks under this section, exempt one	70740
or more classes of employees from the requirements;	70741

(c) For the purpose of division (D)(7) of this section,	70742
specify other databases that are to be checked as part of a	70743
database review conducted under this section.	70744

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

70745

(a) The procedures for conducting database reviews under this	70746
section;	70747

(b) If the rules require employees to undergo database	70748
reviews and criminal records checks under this section, the times	70749
at which the database reviews and criminal records checks are to	70750
be conducted;	70751

(c) If the rules specify other databases to be checked as	70752
part of the database reviews, the circumstances under which a home	70753
health agency is prohibited from employing an applicant or	70754
continuing to employ an employee who is found by a database review	70755
to be included in one or more of those databases;	70756

(d) Circumstances under which a home health agency may employ	70757
an applicant or employee who is found by a criminal records check	70758
required by this section to have been convicted of, pleaded guilty	70759
to, or been found eligible for intervention in lieu of conviction	70760
for a disqualifying offense but meets personal character	70761
standards.	70762

Sec. 3701.921. There is hereby established the patient	70763
centered medical home education program in the department of	70764
health. For the purpose of advancing education in the patient	70765
centered medical home model of care, the director of health may	70766
implement and administer the program pursuant to sections 3701.922	70767
to 3701.929 of the Revised Code. The patient centered medical home	70768
model of care is an enhanced model of primary care in which care	70769
teams attend to the multifaceted needs of patients, providing	70770
whole person comprehensive and coordinate patient centered care.	70771

To the extent that funds are available, the program shall	70772
include the patient centered medical home education pilot project	70773
and may include any other ~~pilot~~ projects the director establishes	70774
pursuant to division (A)(3) of section 3701.922 of the Revised	70775
Code.	70776

Sec. 3701.922. (A) The director of health may do any of the	70777
following to implement and administer the patient centered medical	70778
home education program:	70779

(1) Develop and implement programs of education or training	70780
on the patient centered medical home model of care or other	70781
similar enhanced models of coordinated patient centered care that	70782
are intended to address the multifaceted needs of patients and	70783
provide whole person comprehensive and coordinated patient	70784
centered care;	70785

(2) Advise, consult, cooperate with, and assist, by contract	70786
or other arrangement, government agencies or institutions or	70787
private organizations, corporations, or associations in the	70788
development and promotion of programs pertaining to the evaluation	70789
and implementation of the patient centered medical home model of	70790
care or other similar enhanced models of coordinated patient	70791
centered care;	70792

(3) Establish ~~pilot~~ projects that ~~do any of the following:~~

70793

~~(a) Evaluate or implement the patient centered medical home~~	70794
~~model of care or other similar enhanced models of coordinated~~	70795
~~patient centered care;~~	70796

~~(b) Provide~~provide education or training on the patient	70797
centered medical home model of care or other similar enhanced	70798
models of coordinated patient centered care.	70799

(4) Seek and administer state funds or grants from other	70800
sources to carry out any functions of the patient centered medical	70801
home education program.	70802

Any funds or grants received by the director for purposes of	70803
the program shall be used for the program.	70804

(B) The director may adopt rules as necessary to implement	70805
and administer the patient centered medical home education	70806
program, including rules that define what constitutes a "patient	70807
centered medical home" for purposes of an entity authorized to	70808
provide care coordination services. The rules shall be adopted in	70809
accordance with Chapter 119. of the Revised Code.	70810

Sec. 3701.94. There is hereby established the patient	70811
centered medical home program in the department of health. The	70812
patient centered medical home model of care is an advanced model	70813
of primary care in which care teams attend to the multifaceted	70814
needs of patients, providing whole person comprehensive and	70815
coordinated patient centered care.	70816

Sec. 3701.941. (A) As part of the patient centered medical	70817
home program established under section 3701.94 of the Revised	70818
Code, the department of health shall establish a voluntary patient	70819
centered medical home certification program.	70820

(B) Each primary care practice, that seeks a patient centered	70821
medical home certificate shall submit an application on a form	70822
prepared by the department. The department may require an	70823
application fee and annual renewal fee as determined by the	70824
department. If the department establishes a fee under this	70825
section, the fee shall be in an amount that is sufficient to cover	70826
the cost of any on-site evaluations conducted by the department or	70827
an entity under contract with the department pursuant to section	70828
3701.942 of the Revised Code.	70829

(C) A practice certified under this section shall do all of	70830
the following:	70831

(1) Meet any standards developed by national independent	70832
accrediting and medical home organizations, as determined by the	70833
department;	70834

(2) Develop a systematic follow-up procedure for patients,	70835
including the use of health information technology and patient	70836
registries;	70837

(3) Implement and maintain health information technology that	70838
meets the requirements of 42 U.S.C. 300jj;	70839

(4) Comply with the reporting requirements of section	70840
3701.942 of the Revised Code;	70841

(5) Meet any process, outcome, and quality standards	70842
specified by the department of health;	70843

(6) Meet any other requirements established by the	70844
department.	70845

(D) The department shall seek to do all of the following	70846
through the certification of patient centered medical homes:	70847

(1) Expand, enhance, and encourage the use of primary care	70848
providers, including primary care physicians, advanced practice	70849
registered nurses, and physician assistants, as personal	70850
clinicians;	70851

(2) Develop a focus on delivering high-quality, efficient,	70852
and effective health care services;	70853

(3) Encourage patient centered care and the provision of care	70854
that is appropriate for a patient's race, ethnicity, and language;	70855

(4) Encourage the education and active participation of	70856
patients and patients' families or legal guardians, as	70857
appropriate, in decision making and care plan development;	70858

(5) Provide patients with consistent, ongoing contact with a	70859
personal clinician or team of clinical professionals to ensure	70860
continuous and appropriate care;	70861

(6) Ensure that patient centered medical homes develop and	70862
maintain appropriate comprehensive care plans for patients with	70863
complex or chronic conditions, including an assessment of health	70864
risks and chronic conditions;	70865

(7) Ensure that patient centered medical homes plan for	70866
transition of care from youth to adult to senior;	70867

(8) Enable and encourage use of a range of qualified health	70868
care professionals, including dedicated care coordinators, in a	70869
manner that enables those professionals to practice to the fullest	70870
extent of their professional licenses.	70871

Sec. 3701.942. (A) Each certified patient centered medical	70872
home shall report health care quality and performance information	70873
to the department of health, including any data necessary for	70874
monitoring compliance with certification standards and for	70875
evaluating the impact of patient centered medical homes on health	70876
care quality, cost, and outcomes.	70877

(B) The department may contract with a private entity to	70878
evaluate the effectiveness of certified patient centered medical	70879
homes. The department may provide the entity with data collected	70880
under division (A) of this section.	70881

(C) The department may contract with national independent	70882
accrediting and medical home organizations to provide on-site	70883
evaluation of primary care practices and verification of data	70884
collected under division (A) of this section.	70885

(D) Data collected under this section is not a public record	70886
under section 149.43 of the Revised Code.	70887

Sec. 3701.943. (A) The department of health shall submit a	70888
report to the governor and, in accordance with section 101.68 of	70889
the Revised Code, the general assembly, evaluating the patient	70890
centered medical home program not later than three years after	70891
rules adopted pursuant to section 3701.944 of the Revised Code	70892
first become effective. The department shall submit a second	70893
report not later than five years after those rules first become	70894
effective.	70895

(B) The reports submitted under division (A) of this section	70896
shall include all of the following:	70897

(1) The number of patients receiving primary care services	70898
from certified patient centered medical homes and the number and	70899
characteristics of those patients with complex or chronic	70900
conditions. To the extent available, information regarding the	70901
income, race, ethnicity, and language of patients shall be	70902
included in the reports;	70903

(2) The number and geographic distribution of certified	70904
patient centered medical homes;	70905

(3) Performance of and quality of care measures implemented	70906
by certified patient centered medical homes;	70907

(4) Preventive care measures implemented by certified patient	70908
centered medical homes;	70909

(5) Payment arrangements of certified patient centered	70910
medical homes;	70911

(6) Costs related to implementation of the patient centered	70912
medical home program and payment of care coordination fees;	70913

(7) The estimated effect of certified patient centered	70914
medical homes on health disparities;	70915

(8) The estimated savings from establishing the patient	70916
centered medical home program, as those savings apply to the fee	70917
for service, managed care, and state-based purchasing sectors.	70918

Sec. 3701.944. The department of health shall adopt rules in	70919
accordance with Chapter 119. of the Revised Code to do all of the	70920
following:	70921

(A) Considering the goals set forth in section 3701.941 of	70922
the Revised Code, establish standards and procedures for	70923
certifying a primary care practice as a patient centered medical	70924
home;	70925

(B) Specify the types of medical practices that constitute	70926
primary care practices for the purpose of certifying patient	70927
centered medical homes;	70928

(C) Specify the health care quality and performance	70929
information that certified patient centered medical homes must	70930
report to the department pursuant to section 3701.942 of the	70931
Revised Code.	70932

Sec. 3701.96. As used in this section, "board of health"	70933
means a board of health of a city or general health district or an	70934
authority having the duties of a board of health under section	70935
3709.05 of the Revised Code.	70936

If a zoonotic disease program is administered by the	70937
department of health, the director of health may charge a board of	70938
health a fee for each service the program provides to the board.	70939
The fee amount shall be determined by the director and be	70940
commensurate with the department's cost to provide the service.	70941
The board shall pay the fee associated with a service at the time	70942
the service is provided.	70943

Sec. 3701.98. Not later than July 1, 2014, the director of	70944
health shall establish both of the following by rule adopted under	70945
Chapter 119. of the Revised Code:	70946

(A) A standardized process by which all general and city	70947
health districts shall collect and report to the director	70948
information regarding public health quality indicators.	70949

(B) A policy and procedures for the sharing of health data	70950
reported under this section with payers, providers, general and	70951
city health districts, and public health professionals.	70952

The rules shall identify the public health quality indicators	70953
that are to be a priority for general and city health districts	70954
and the information to be collected and reported regarding those	70955
indicators. The director of health shall work in conjunction with	70956
the association of county health commissioners in identifying the	70957
public health quality indicators.	70958

Sec. 3701.99. (A) Whoever violates division (C) of section	70959
3701.23, division (C) of section 3701.232, division (C) of section	70960
3701.24, division (B) of section 3701.25, division ~~(I)~~(D)(2) of	70961
section 3701.262, ~~division (D) of section 3701.263,~~ or sections	70962
3701.46 to 3701.55 of the Revised Code is guilty of a minor	70963
misdemeanor on a first offense; on each subsequent offense, the	70964
person is guilty of a misdemeanor of the fourth degree.	70965

(B) Whoever violates section 3701.82 of the Revised Code is	70966
guilty of a misdemeanor of the first degree.	70967

(C) Whoever violates section 3701.352 or 3701.81 of the	70968
Revised Code is guilty of a misdemeanor of the second degree.	70969

Sec. 3702.30. (A) As used in this section:

70970

(1) "Ambulatory surgical facility" means a facility, whether	70971
or not part of the same organization as a hospital, that is	70972
located in a building distinct from another in which inpatient	70973
care is provided, and to which any of the following apply:	70974

(a) Outpatient surgery is routinely performed in the	70975
facility, and the facility functions separately from a hospital's	70976
inpatient surgical service and from the offices of private	70977
physicians, podiatrists, and dentists.	70978

(b) Anesthesia is administered in the facility by an	70979
anesthesiologist or certified registered nurse anesthetist, and	70980
the facility functions separately from a hospital's inpatient	70981
surgical service and from the offices of private physicians,	70982
podiatrists, and dentists.	70983

(c) The facility applies to be certified by the United States	70984
centers for medicare and medicaid services as an ambulatory	70985
surgical center for purposes of reimbursement under Part B of the	70986
medicare program, Part B of Title XVIII of the "Social Security	70987
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	70988

(d) The facility applies to be certified by a national	70989
accrediting body approved by the centers for medicare and medicaid	70990
services for purposes of deemed compliance with the conditions for	70991
participating in the medicare program as an ambulatory surgical	70992
center.	70993

(e) The facility bills or receives from any third-party	70994
payer, governmental health care program, or other person or	70995
government entity any ambulatory surgical facility fee that is	70996
billed or paid in addition to any fee for professional services.	70997

(f) The facility is held out to any person or government	70998
entity as an ambulatory surgical facility or similar facility by	70999
means of signage, advertising, or other promotional efforts.	71000

"Ambulatory surgical facility" does not include a hospital	71001
emergency department.	71002

(2) "Ambulatory surgical facility fee" means a fee for	71003
certain overhead costs associated with providing surgical services	71004
in an outpatient setting. A fee is an ambulatory surgical facility	71005
fee only if it directly or indirectly pays for costs associated	71006
with any of the following:	71007

(a) Use of operating and recovery rooms, preparation areas,	71008
and waiting rooms and lounges for patients and relatives;	71009

(b) Administrative functions, record keeping, housekeeping,	71010
utilities, and rent;	71011

(c) Services provided by nurses, orderlies, technical	71012
personnel, and others involved in patient care related to	71013
providing surgery.	71014

"Ambulatory surgical facility fee" does not include any	71015
additional payment in excess of a professional fee that is	71016
provided to encourage physicians, podiatrists, and dentists to	71017
perform certain surgical procedures in their office or their group	71018
practice's office rather than a health care facility, if the	71019
purpose of the additional fee is to compensate for additional cost	71020
incurred in performing office-based surgery.	71021

(3) "Governmental health care program" has the same meaning	71022
as in section 4731.65 of the Revised Code.	71023

(4) "Health care facility" means any of the following:

71024

(a) An ambulatory surgical facility;

71025

(b) A freestanding dialysis center;

71026

71027

(d) A freestanding birthing center;

71028

(e) A freestanding radiation therapy center;

71029

(f) A freestanding or mobile diagnostic imaging center.

71030

(5) "Third-party payer" has the same meaning as in section	71031
3901.38 of the Revised Code.	71032

(B) By rule adopted in accordance with sections 3702.12 and	71033
3702.13 of the Revised Code, the director of health shall	71034
establish quality standards for health care facilities. The	71035
standards may incorporate accreditation standards or other quality	71036
standards established by any entity recognized by the director.	71037

In the case of an ambulatory surgical facility, the standards	71038
shall require the ambulatory surgical facility to maintain an	71039
infection control program. The purposes of the program are to	71040
minimize infections and communicable diseases and facilitate a	71041
functional and sanitary environment consistent with standards of	71042
professional practice. To achieve these purposes, ambulatory	71043
surgical facility staff managing the program shall create and	71044
administer a plan designed to prevent, identify, and manage	71045
infections and communicable diseases; ensure that the program is	71046
directed by a qualified professional trained in infection control;	71047
ensure that the program is an integral part of the ambulatory	71048
surgical facility's quality assessment and performance improvement	71049
program; and implement in an expeditious manner corrective and	71050
preventive measures that result in improvement.	71051

(C) Every ambulatory surgical facility shall require that	71052
each physician who practices at the facility comply with all	71053
relevant provisions in the Revised Code that relate to the	71054
obtaining of informed consent from a patient.	71055

(D) The director shall issue a license to each health care	71056
facility that makes application for a license and demonstrates to	71057
the director that it meets the quality standards established by	71058
the rules adopted under division (B) of this section and satisfies	71059
the informed consent compliance requirements specified in division	71060
(C) of this section.	71061

(E)(1) Except as provided in division (H) of this section and	71062
in section 3702.301 of the Revised Code, no health care facility	71063
shall operate without a license issued under this section.	71064

(2) If the department of health finds that a physician who	71065
practices at a health care facility is not complying with any	71066
provision of the Revised Code related to the obtaining of informed	71067
consent from a patient, the department shall report its finding to	71068
the state medical board, the physician, and the health care	71069
facility.	71070

(3) This division does not create, and shall not be construed	71071
as creating, a new cause of action or substantive legal right	71072
against a health care facility and in favor of a patient who	71073
allegedly sustains harm as a result of the failure of the	71074
patient's physician to obtain informed consent from the patient	71075
prior to performing a procedure on or otherwise caring for the	71076
patient in the health care facility.	71077

(F) The rules adopted under division (B) of this section	71078
shall include all of the following:	71079

(1) Provisions governing application for, renewal,	71080
suspension, and revocation of a license under this section;	71081

(2) Provisions governing orders issued pursuant to section	71082
3702.32 of the Revised Code for a health care facility to cease	71083
its operations or to prohibit certain types of services provided	71084
by a health care facility;	71085

(3) Provisions governing the imposition under section 3702.32	71086
of the Revised Code of civil penalties for violations of this	71087
section or the rules adopted under this section, including a scale	71088
for determining the amount of the penalties;	71089

(4) Provisions specifying the form inspectors must use when	71090
conducting inspections of ambulatory surgical facilities.	71091

(G) An ambulatory surgical facility that performs or induces	71092
abortions shall comply with section 3701.791 of the Revised Code.	71093

(H) The following entities are not required to obtain a	71094
license as a freestanding diagnostic imaging center issued under	71095
this section:	71096

(1) A hospital registered under section 3701.07 of the	71097
Revised Code that provides diagnostic imaging;	71098

(2) An entity that is reviewed as part of a hospital	71099
accreditation or certification program and that provides	71100
diagnostic imaging;	71101

(3) An ambulatory surgical facility that provides diagnostic	71102
imaging in conjunction with or during any portion of a surgical	71103
procedure.	71104

Sec. 3702.302. In the case of an ambulatory surgical	71105
facility not certified by the centers for medicare and medicaid	71106
services as an ambulatory surgical center, the director of health	71107
shall conduct an inspection of the facility each time the facility	71108
submits an application for license renewal. The director shall not	71109
renew the license unless all of the following conditions are met:	71110

(A) The inspector conducting the inspection completes each	71111
item on the following, as applicable:	71112

(1) Until the director adopts rules under division (F) of	71113
section 3702.30 of the Revised Code, the form approved by the	71114
director on the effective date of this section;	71115

(2) The form specified by the director pursuant to rules	71116
adopted under division (F) of section 3702.30 of the Revised Code.	71117

(B) The inspection demonstrates that the ambulatory surgical	71118
facility complies with all quality standards established by the	71119
director in rules adopted under division (B) of section 3702.30 of	71120
the Revised Code.	71121

(C) The director determines that the most recent version of	71122
the updated written transfer agreement filed in accordance with	71123
division (B) of section 3702.303 of the Revised Code is	71124
satisfactory, unless the director has granted a variance from the	71125
written transfer agreement requirement as permitted by section	71126
3702.304 of the Revised Code.	71127

Sec. 3702.303. (A) Except as provided in division (C) of this	71128
section, an ambulatory surgical facility shall have a written	71129
transfer agreement with a local hospital that specifies an	71130
effective procedure for the safe and immediate transfer of	71131
patients from the facility to the hospital when medical care	71132
beyond the care that can be provided at the ambulatory surgical	71133
facility is necessary, including when emergency situations occur	71134
or medical complications arise. A copy of the agreement shall be	71135
filed with the director of health.	71136

(B) An ambulatory surgical facility shall update a written	71137
transfer agreement every two years and file a copy of the updated	71138
agreement with the director.	71139

(C) The requirement for a written transfer agreement between	71140
an ambulatory surgical facility and a hospital does not apply if	71141
either of the following is the case:	71142

(1) The facility is a provider-based entity, as defined in 42	71143
C.F.R. 413.65(a)(2), of a hospital and the facility's policies and	71144
procedures to address situations when care beyond the care that	71145
can be provided at the ambulatory surgical facility are approved	71146
by the governing body of the facility's parent hospital and	71147
implemented;	71148

(2) The director of health has, pursuant to the procedure	71149
specified in section 3702.304 of the Revised Code, granted the	71150
facility a variance from the requirement.	71151

Sec. 3702.304. (A) The director of health may grant a	71152
variance from the written transfer agreement requirement of	71153
section 3702.303 of the Revised Code if the ambulatory surgical	71154
facility submits to the director a complete variance application,	71155
prescribed by the director, and the director determines after	71156
reviewing the application that the facility is capable of	71157
achieving the purpose of a written transfer agreement in the	71158
absence of one. The director's determination is final.	71159

(B) A variance application is complete for purposes of	71160
division (A) of this section if it contains or includes as	71161
attachments all of the following:	71162

(1) A statement explaining why application of the requirement	71163
would cause the facility undue hardship and why the variance will	71164
not jeopardize the health and safety of any patient;	71165

(2) A letter, contract, or memorandum of understanding signed	71166
by the facility and one or more consulting physicians who have	71167
admitting privileges at a minimum of one local hospital,	71168
memorializing the physician or physicians' agreement to provide	71169
back-up coverage when medical care beyond the level the facility	71170
can provide is necessary;	71171

(3) For each consulting physician described in division	71172
(B)(2) of this section:	71173

(a) A signed statement in which the physician attests that	71174
the physician is familiar with the facility and its operations,	71175
and agrees to provide notice to the facility of any changes in the	71176
physician's ability to provide back-up coverage;	71177

(b) The estimated travel time from the physician's main	71178
residence or office to each local hospital where the physician has	71179
admitting privileges;	71180

(c) Written verification that the facility has a record of	71181
the name, telephone numbers, and practice specialties of the	71182
physician;	71183

(d) Written verification from the state medical board that	71184
the physician possesses a valid certificate to practice medicine	71185
and surgery or osteopathic medicine and surgery issued under	71186
Chapter 4731. of the Revised Code;	71187

(e) Documented verification that each hospital at which the	71188
physician has admitting privileges has been informed in writing by	71189
the physician that the physician is a consulting physician for the	71190
ambulatory surgical facility and has agreed to provide back-up	71191
coverage for the facility when medical care beyond the care the	71192
facility can provide is necessary.	71193

(4) A copy of the facility's operating procedures or	71194
protocols that, at a minimum, do all of the following:	71195

(a) Address how back-up coverage by consulting physicians is	71196
to occur, including how back-up coverage is to occur when	71197
consulting physicians are temporarily unavailable;	71198

(b) Specify that each consulting physician is required to	71199
notify the facility, without delay, when the physician is unable	71200
to expeditiously admit patients to a local hospital and provide	71201
for continuity of patient care;	71202

(c) Specify that a patient's medical record maintained by the	71203
facility must be transferred contemporaneously with the patient	71204
when the patient is transferred from the facility to a hospital.	71205

(5) Any other information the director considers necessary.

71206

(C) The director's decision to grant, refuse, or rescind a	71207
variance is final.	71208

(D) The director shall consider each application for a	71209
variance independently without regard to any decision the director	71210
may have made on a prior occasion to grant or deny a variance to	71211
that ambulatory surgical facility or any other facility.	71212

Sec. 3702.305. The director of health may impose conditions	71213
on any variance the director has granted under section 3702.304 of	71214
the Revised Code. The director may, at any time, rescind the	71215
variance for any reason, including a determination by the director	71216
that the facility is failing to meet one or more of the conditions	71217
or no longer adequately protects public health and safety. The	71218
director's decision to rescind a variance is final.	71219

Sec. 3702.306. A variance the director of health grants under	71220
section 3702.304 of the Revised Code is effective for the period	71221
of time specified by the director, except that it shall not be	71222
effective beyond the date the ambulatory surgical facility's	71223
license expires. If a variance is to expire on the date the	71224
facility's license expires, the facility may submit to the	71225
director an application for a new variance with its next license	71226
renewal application.	71227

Sec. 3702.307. An ambulatory surgical facility shall notify	71228
the director of health when any of the following occurs:	71229

(A) The facility modifies any provision of its most recent	71230
written transfer agreement filed with the director under section	71231
3702.303 of the Revised Code. Notification under these	71232
circumstances shall occur not later than the business day after	71233
the modification is finalized. As used in this division, "business	71234
day" means a day of the week excluding Saturday, Sunday, and a	71235
legal holiday as defined in section 1.14 of the Revised Code.	71236

(B) The facility modifies its operating procedures or	71237
protocols described in division (B)(4) of section 3702.304 of the	71238
Revised Code. Notification under these circumstances shall occur	71239
not later than forty-eight hours after the modification is made.	71240

(C) The ambulatory surgical facility becomes aware of an	71241
event, including disciplinary action by the state medical board	71242
pursuant to section 4731.22 of the Revised Code, that may affect a	71243
consulting physician's certificate to practice medicine and	71244
surgery or osteopathic medicine and surgery or the physician's	71245
ability to admit patients to a hospital identified in a variance	71246
application, as described in division (B)(3)(e) of section	71247
3702.304 of the Revised Code. Notification under these	71248
circumstances shall occur not later than one week after the	71249
facility becomes aware of the event's occurrence.	71250

Sec. 3702.308. If any provision in sections 3702.302 to	71251
3702.307 of the Revised Code is enjoined, the injunction does not	71252
affect any remaining provision of those sections, any provision of	71253
section 3702.30 of the Revised Code, or any provision of the rules	71254
adopted under that section.	71255

Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the	71256
Revised Code:	71257

(A) "Applicant" means any person that submits an application	71258
for a certificate of need and who is designated in the application	71259
as the applicant.	71260

(B) "Person" means any individual, corporation, business	71261
trust, estate, firm, partnership, association, joint stock	71262
company, insurance company, government unit, or other entity.	71263

(C) "Certificate of need" means a written approval granted by	71264
the director of health to an applicant to authorize conducting a	71265
reviewable activity.	71266

(D) "Service area" means the current and projected primary	71267
and secondary service areas to which the long-term care facility	71268
is, or will be, providing long-term care services.	71269

(E) "Primary service area" means the geographic region,	71270
usually comprised of the Ohio zip code in which the long-term care	71271
facility is located and contiguous zip codes, from which	71272
approximately seventy-five to eighty per cent of the facility's	71273
residents currently originate or are expected to originate.	71274

(F) "Secondary service area" means the geographic region,	71275
usually comprised of Ohio zip codes not included in the primary	71276
service area, excluding isolated exceptions, from which the	71277
facility's remaining residents currently originate or are expected	71278
to originate.	71279

(G) "Third-party payer" means a health insuring corporation	71280
licensed under Chapter 1751. of the Revised Code, a health	71281
maintenance organization as defined in division (I) of this	71282
section, an insurance company that issues sickness and accident	71283
insurance in conformity with Chapter 3923. of the Revised Code, a	71284
state-financed health insurance program under Chapter 3701.,or	71285
4123.~~, or 5111.~~ of the Revised Code, the medicaid program, or any	71286
self-insurance plan.	71287

(H) "Government unit" means the state and any county,	71288
municipal corporation, township, or other political subdivision of	71289
the state, or any department, division, board, or other agency of	71290
the state or a political subdivision.	71291

(I) "Health maintenance organization" means a public or	71292
private organization organized under the law of any state that is	71293
qualified under section 1310(d) of Title XIII of the "Public	71294
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.	71295

(J) "Existing long-term care facility" means either of the	71296
following:	71297

(1) A long-term care facility that is licensed or otherwise	71298
authorized to operate in this state in accordance with applicable	71299
law, including a county home or a county nursing home that is	71300
certified under Title XVIII or Title XIX of the "Social Security	71301
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, is staffed	71302
and equipped to provide long-term care services, and is actively	71303
providing long-term care services;	71304

(2) A long-term care facility that is licensed or otherwise	71305
authorized to operate in this state in accordance with applicable	71306
law, including a county home or a county nursing home that is	71307
certified under Title XVIII or Title XIX of the "Social Security	71308
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or that has	71309
beds registered under section 3701.07 of the Revised Code as	71310
skilled nursing beds or long-term care beds and has provided	71311
long-term care services for at least three hundred sixty-five	71312
consecutive days within the twenty-four months immediately	71313
preceding the date a certificate of need application is filed with	71314
the director of health.	71315

(K) "State" means the state of Ohio, including, but not	71316
limited to, the general assembly, the supreme court, the offices	71317
of all elected state officers, and all departments, boards,	71318
offices, commissions, agencies, institutions, and other	71319
instrumentalities of the state of Ohio. "State" does not include	71320
political subdivisions.	71321

(L) "Political subdivision" means a municipal corporation,	71322
township, county, school district, and all other bodies corporate	71323
and politic responsible for governmental activities only in	71324
geographic areas smaller than that of the state to which the	71325
sovereign immunity of the state attaches.	71326

(M) "Affected person" means:

71327

(1) An applicant for a certificate of need, including an	71328
applicant whose application was reviewed comparatively with the	71329
application in question;	71330

(2) The person that requested the reviewability ruling in	71331
question;	71332

(3) Any person that resides or regularly uses long-term care	71333
facilities within the service area served or to be served by the	71334
long-term care services that would be provided under the	71335
certificate of need or reviewability ruling in question;	71336

(4) Any long-term care facility that is located in the	71337
service area where the long-term care services would be provided	71338
under the certificate of need or reviewability ruling in question;	71339

(5) Third-party payers that reimburse long-term care	71340
facilities for services in the service area where the long-term	71341
care services would be provided under the certificate of need or	71342
reviewability ruling in question.	71343

(N) "Long-term care facility" means any of the following:

71344

(1) A nursing home licensed under section 3721.02 of the	71345
Revised Code or by a political subdivision certified under section	71346
3721.09 of the Revised Code;	71347

(2) The portion of any facility, including a county home or	71348
county nursing home, that is certified as a skilled nursing	71349
facility or a nursing facility under Title XVIII or XIX of the	71350
"Social Security Act";	71351

(3) The portion of any hospital that contains beds registered	71352
under section 3701.07 of the Revised Code as skilled nursing beds	71353
or long-term care beds.	71354

(O) "Long-term care bed" or "bed" means a bed that is	71355
categorized as one of the following:	71356

(1) A bed that is located in a facility that is a nursing	71357
home licensed under section 3721.02 of the Revised Code or a	71358
facility licensed by a political subdivision certified under	71359
section 3721.09 of the Revised Code and is included in the	71360
authorized maximum licensed capacity of the facility;	71361

(2) A bed that is located in the portion of any facility,	71362
including a county home or county nursing home, that is certified	71363
as a skilled nursing facility under the medicare program or a	71364
nursing facility under the medicaid program and is included in the	71365
authorized maximum certified capacity of that portion of the	71366
facility;	71367

(3) A bed that is registered under section 3701.07 of the	71368
Revised Code as a skilled nursing bed, a long-term care bed, or a	71369
special skilled nursing bed;	71370

(4) A bed in a county home or county nursing home that has	71371
been certified under section 5155.38 of the Revised Code as having	71372
been in operation on July 1, 1993, and is eligible for licensure	71373
as a nursing home bed;	71374

(5) A bed held as an approved bed under a certificate of need	71375
approved by the director.	71376

A bed cannot simultaneously be both a bed described in	71377
division (O)(1), (2), (3), or (4) of this section and a bed	71378
described in division (O)(5) of this section.	71379

(P) "Reviewability ruling" means a ruling issued by the	71380
director of health under division (A) of section 3702.52 of the	71381
Revised Code as to whether a particular proposed project is or is	71382
not a reviewable activity.	71383

(Q) "County nursing home" has the same meaning as in section	71384
5155.31 of the Revised Code.	71385

(R) "Principal participant" means both of the following:

71386

(1) A person who has an ownership or controlling interest of	71387
at least five per cent in an applicant, in a long-term care	71388
facility that is the subject of an application for a certificate	71389
of need, or in the owner or operator of the applicant or such a	71390
facility;	71391

(2) An officer, director, trustee, or general partner of an	71392
applicant, of a long-term care facility that is the subject of an	71393
application for a certificate of need, or of the owner or operator	71394
of the applicant or such a facility.	71395

(S) "Actual harm but not immediate jeopardy deficiency" means	71396
a deficiency that, under 42 C.F.R. 488.404, either constitutes a	71397
pattern of deficiencies resulting in actual harm that is not	71398
immediate jeopardy or represents widespread deficiencies resulting	71399
in actual harm that is not immediate jeopardy.	71400

(T) "Immediate jeopardy deficiency" means a deficiency that,	71401
under 42 C.F.R. 488.404, either constitutes a pattern of	71402
deficiencies resulting in immediate jeopardy to resident health or	71403
safety or represents widespread deficiencies resulting in	71404
immediate jeopardy to resident health or safety.	71405

(U) "Existing bed" or "existing long-term care bed" means a	71406
bed from an existing long-term care facility, a bed described in	71407
division (O)(5) of this section, or a bed correctly reported as a	71408
long-term care bed pursuant to section 5155.38 of the Revised	71409
Code.	71410

Sec. 3702.521. (A) Reviews of applications for certificates	71411
of need to recategorize hospital beds to skilled nursing beds	71412
shall be conducted in accordance with this division and rules	71413
adopted by the director of health.	71414

(1) No hospital recategorizing beds shall apply for a	71415
certificate of need for more than twenty skilled nursing beds.	71416

(2) No beds for which a certificate of need is requested	71417
under this division shall be reviewed under or counted in any	71418
formula developed under rules adopted by the director for the	71419
purpose of determining the number of long-term care beds that may	71420
be needed within the state.	71421

(3) No beds shall be approved under this division unless the	71422
hospital certifies and demonstrates in the application that the	71423
beds will be dedicated to patients with a length of stay of no	71424
more than thirty days.	71425

(4) No beds shall be approved under this division unless the	71426
hospital can satisfactorily demonstrate in the application that it	71427
is routinely unable to place the patients planned for the beds in	71428
accessible skilled nursing facilities.	71429

(5) In developing rules to implement this division, the	71430
director shall give special attention to the required	71431
documentation of the need for such beds, including the efforts	71432
made by the hospital to place patients in suitable skilled nursing	71433
facilities, and special attention to the appropriate size of units	71434
with such beds given the historical pattern of the applicant	71435
hospital's documented difficulty in placing skilled nursing	71436
patients.	71437

(B) For assistance in monitoring the use of hospital beds	71438
recategorized as skilled nursing beds after August 5, 1989, the	71439
director shall adopt rules specifying appropriate quarterly	71440
procedures for reporting to the department of health.	71441

(C) A patient may stay in a hospital bed that, after August	71442
5, 1989, has been recategorized as a skilled nursing bed for more	71443
than thirty days if the hospital is able to demonstrate that it	71444
made a good faith effort to place the patient in an accessible	71445
skilled nursing facility acceptable to the patient within the	71446
thirty-day period, but was unable to do so.	71447

(D) No hospital bed recategorized after August 5, 1989, as a	71448
skilled nursing bed shall be covered by a provider agreement under	71449
the ~~medical assistance~~medicaid program ~~established under Chapter~~	71450
~~5111. of the Revised Code~~.	71451

(E) Nothing in this section requires a hospital to place a	71452
patient in any nursing home if the patient does not wish to be	71453
placed in the nursing home. Nothing in this section limits the	71454
ability of a hospital to file a certificate of need application	71455
for the addition of long-term care beds that meet the definition	71456
of "home" in section 3721.01 of the Revised Code. Nothing in this	71457
section limits the ability of the director to grant certificates	71458
of need necessary for hospitals to engage in demonstration	71459
projects authorized by the federal government for the purpose of	71460
enhancing long-term quality of care and cost containment. Nothing	71461
in this section limits the ability of hospitals to develop swing	71462
bed programs in accordance with federal regulations.	71463

No hospital that is granted a certificate of need after	71464
August 5, 1989, to recategorize hospital beds as skilled nursing	71465
beds is subject to sections 3721.01 to 3721.09 of the Revised	71466
Code. If the portion of the hospital in which the recategorized	71467
beds are located is certified as a skilled nursing facility under	71468
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	71469
U.S.C.A. 301, as amended, that portion of the hospital is subject	71470
to sections 3721.10 to 3721.17 and sections 3721.21 to 3721.34 of	71471
the Revised Code. If the beds are registered pursuant to section	71472
3701.07 of the Revised Code as long-term care beds, the beds are	71473
subject to sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the	71474
Revised Code.	71475

Sec. 3702.55. A person that the director of health	71476
determines has violated section 3702.53 of the Revised Code shall	71477
cease conducting the activity that constitutes the violation or	71478
utilizing the facility resulting from the violation not later than	71479
thirty days after the person receives the notice mailed under	71480
section 3702.532 of the Revised Code or, if the person appeals the	71481
director's determination under section 3702.60 of the Revised	71482
Code, thirty days after the person receives an order upholding the	71483
director's determination that is not subject to further appeal.	71484

If any person determined to have violated section 3702.53 of	71485
the Revised Code fails to cease conducting an activity or using a	71486
facility as required by this section or if the person continues to	71487
seek payment or reimbursement for services rendered or costs	71488
incurred in conducting the activity as prohibited by section	71489
3702.56 of the Revised Code, in addition to the penalties imposed	71490
under section 3702.54 or 3702.541 of the Revised Code:	71491

(A) The director of health may refuse to include any beds	71492
involved in the activity in the bed capacity of a hospital for	71493
purposes of registration under section 3701.07 of the Revised	71494
Code;	71495

(B) The director of health may refuse to license, or may	71496
revoke a license or reduce bed capacity previously granted to, a	71497
hospice care program under section 3712.04 of the Revised Code; a	71498
nursing home, residential care facility, or home for the aging	71499
under section 3721.02 of the Revised Code; or any beds within any	71500
of those facilities that are involved in the activity;	71501

(C) A political subdivision certified under section 3721.09	71502
of the Revised Code may refuse to license, or may revoke a license	71503
or reduce bed capacity previously granted to, a nursing home,	71504
residential care facility, or home for the aging, or any beds	71505
within any of those facilities that are involved in the activity;	71506

(D) The director of ~~mental health~~mental health and addiction	71507
services may refuse to license under section ~~5119.20~~5119.33 of	71508
the Revised Code, or may revoke a license or reduce bed capacity	71509
previously granted to, a hospital receiving mentally ill persons	71510
or beds within such a hospital that are involved in the activity;	71511

(E) The department of ~~job and family services~~medicaid may	71512
refuse to enter into a provider agreement that includes a	71513
facility, beds, or services that result from the activity.	71514

Sec. 3702.62. Sections 3702.51 to 3702.61 of the Revised	71515
Code do not apply to any part of a long-term care facility's	71516
campus that is certified as an intermediate care facility for ~~the~~	71517
~~mentally retarded under Title XIX of the "Social Security Act," 79~~	71518
~~Stat. 343 (1965), 42 U.S.C. 1396 et seq., as amended~~individuals	71519
with intellectual disabilities, as defined in section 5124.01 of	71520
the Revised Code.	71521

Sec. 3702.74. (A) A primary care physician who has signed a	71522
letter of intent under section 3702.73 of the Revised Code and the	71523
director of health may enter into a contract for the physician's	71524
participation in the physician loan repayment program. The	71525
physician's employer or other funding source may also be a party	71526
to the contract.	71527

(B) The contract shall include all of the following	71528
obligations:	71529

(1) The primary care physician agrees to provide primary care	71530
services in the health resource shortage area identified in the	71531
letter of intent for at least two years;	71532

(2) When providing primary care services in the health	71533
resource shortage area, the primary care physician agrees to do	71534
all of the following:	71535

(a) Provide primary care services for a minimum of forty	71536
hours per week, of which at least twenty-one hours will be spent	71537
providing patient care in an outpatient or ambulatory setting;	71538

(b) Provide primary care services without regard to a	71539
patient's ability to pay;	71540

(c) Meet the ~~conditions prescribed by the "Social Security~~	71541
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the~~	71542
~~department of job and family services~~requirements for	71543
~~participation in the~~a medicaid ~~program established under Chapter~~	71544
~~5111. of the Revised Code~~provider agreement and enter into a	71545
~~contract~~the agreement with the department of medicaid to provide	71546
primary care services to medicaid recipients ~~of the medical~~	71547
~~assistance program~~.	71548

(3) The department of health agrees, as provided in section	71549
3702.75 of the Revised Code, to repay, so long as the primary care	71550
physician performs the service obligation agreed to under division	71551
(B)(1) of this section, all or part of the principal and interest	71552
of a government or other educational loan taken by the primary	71553
care physician for expenses described in section 3702.75 of the	71554
Revised Code;	71555

(4) The primary care physician agrees to pay the department	71556
of health an amount established by rules adopted under section	71557
3702.79 of the Revised Code if the physician fails to complete the	71558
service obligation agreed to under division (B)(1) of this	71559
section.	71560

(C) The contract may include any other terms agreed upon by	71561
the parties.	71562

Sec. 3702.91. (A) An individual who has signed a letter of	71563
intent under section 3702.90 of the Revised Code may enter into a	71564
contract with the director of health for participation in the	71565
dentist loan repayment program. The dentist's employer or other	71566
funding source may also be a party to the contract.	71567

(B) The contract shall include all of the following	71568
obligations:	71569

(1) The individual agrees to provide dental services in the	71570
dental health resource shortage area identified in the letter of	71571
intent for at least two years.	71572

(2) When providing dental services in the dental health	71573
resource shortage area, the individual agrees to do all of the	71574
following:	71575

(a) Provide dental services for a minimum of forty hours per	71576
week;	71577

(b) Provide dental services without regard to a patient's	71578
ability to pay;	71579

(c) Meet the ~~conditions prescribed by the "Social Security~~	71580
~~Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the~~	71581
~~department of job and family services~~requirements for	71582
~~participation in the~~a medicaid ~~program established under Chapter~~	71583
~~5111. of the Revised Code~~provider agreement and enter into a	71584
~~contract~~the agreement with the department of medicaid to provide	71585
dental services to medicaid recipients.	71586

(3) The department of health agrees, as provided in section	71587
3702.85 of the Revised Code, to repay, so long as the individual	71588
performs the service obligation agreed to under division (B)(1) of	71589
this section, all or part of the principal and interest of a	71590
government or other educational loan taken by the individual for	71591
expenses described in section 3702.85 of the Revised Code.	71592

(4) The individual agrees to pay the department of health an	71593
amount established by rules adopted under section 3702.86 of the	71594
Revised Code, if the individual fails to complete the service	71595
obligation agreed to under division (B)(1) of this section.	71596

(C) The contract may include any other terms agreed upon by	71597
the parties.	71598

(D) Not later than the thirty-first day of January of each	71599
year, the department of health shall mail to each individual to	71600
whom or on whose behalf repayment is made under the dentist loan	71601
repayment program a statement showing the amount of principal and	71602
interest repaid by the department pursuant to the contract in the	71603
preceding year. The statement shall be sent by ordinary mail with	71604
address correction and forwarding requested in the manner	71605
prescribed by the United States postal service.	71606

Sec. 3704.144. (A) Gifts, grants, and contributions for the	71607
purpose of adding pollution control equipment to diesel-powered	71608
school buses and converting diesel-powered school buses to	71609
alternative fuels, including contributions that are made pursuant	71610
to the settlement of an administrative action or civil action that	71611
is brought at the request of the director of environmental	71612
protection pursuant to Chapter 3704., 3714., 3734., 6109., or	71613
6111. of the Revised Code, shall be credited to the clean diesel	71614
school bus fund, which is hereby created in the state treasury.	71615
The director shall use money credited to the fund to make grants	71616
to school districts in the state and to county boards of	71617
developmental disabilities for the purpose of adding pollution	71618
control equipment to diesel-powered school buses and converting	71619
diesel-powered school buses to alternative fuels by means of	71620
certified engine configurations and verified technologies that are	71621
consistent with the requirements of section 793 and any	71622
regulations adopted under that section and to pay the	71623
environmental protection agency's costs incurred in administering	71624
this section. In addition, the director may use money credited to	71625
the fund to make grants to school districts and to county boards	71626
of developmental disabilities for the purpose of maintaining	71627
pollution control equipment that is installed on diesel-powered	71628
school buses ~~and to pay the additional cost incurred by a school~~	71629
~~district or a county board for using ultra-low sulfur diesel fuel~~	71630
~~instead of diesel fuel for the operation of diesel-powered school~~	71631
~~buses~~.	71632

(B) In making grants under this section, the director shall	71633
give priority to school districts and to county boards of	71634
developmental disabilities that are located in a county that is	71635
designated as nonattainment by the United States environmental	71636
protection agency for the fine particulate national ambient air	71637
quality standard under the federal Clean Air Act. In addition, the	71638
director may give a higher priority to a school district or a	71639
county board of developmental disabilities that employs additional	71640
measures that reduce air pollution from the district's or the	71641
county board's school bus fleet.	71642

(C) The director shall adopt rules establishing procedures	71643
and requirements that are necessary to implement this section,	71644
including procedures and requirements governing applications for	71645
grants.	71646

(D) As used in this section:

71647

(1) "Alternative fuel" has the same meaning as in section	71648
125.831 of the Revised Code.	71649

(2) "Certified engine configuration" and "section 793" have	71650
the same meanings as in section 122.861 of the Revised Code.	71651

(3) "Verified technology" means a pollution control	71652
technology, including retrofit technology and auxiliary power	71653
unit, that has been verified by the administrator of the United	71654
States environmental protection agency or the California air	71655
resources board.	71656

Sec. 3706.01. As used in this chapter:

71657

(A) "Governmental agency" means a department, division, or	71658
other unit of state government, a municipal corporation, county,	71659
township, and other political subdivision, or any other public	71660
corporation or agency having the power to acquire, construct, or	71661
operate air quality facilities, the United States or any agency	71662
thereof, and any agency, commission, or authority established	71663
pursuant to an interstate compact or agreement.	71664

(B) "Person" means any individual, firm, partnership,	71665
association, or corporation, or any combination thereof.	71666

(C) "Air contaminant" means particulate matter, dust, fumes,	71667
gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or	71668
odorous substance, or any combination thereof.	71669

(D) "Air pollution" means the presence in the ambient air of	71670
one or more air contaminants in sufficient quantity and of such	71671
characteristics and duration as to injure human health or welfare,	71672
plant or animal life, or property, or that unreasonably interferes	71673
with the comfortable enjoyment of life or property.	71674

(E) "Ambient air" means that portion of the atmosphere	71675
outside of buildings and other enclosures, stacks, or ducts that	71676
surrounds human, plant, or animal life, or property.	71677

(F) "Emission" means the release into the outdoor atmosphere	71678
of an air contaminant.	71679

(G) "Air quality facility" means any of the following:

71680

(1) Any method, modification or replacement of property,	71681
process, device, structure, or equipment that removes, reduces,	71682
prevents, contains, alters, conveys, stores, disperses, or	71683
disposes of air contaminants or substances containing air	71684
contaminants, or that renders less noxious or reduces the	71685
concentration of air contaminants in the ambient air, including,	71686
without limitation, facilities and expenditures that qualify as	71687
air pollution control facilities under section 103 (C)(4)(F) of	71688
the Internal Revenue Code of 1954, as amended, and regulations	71689
adopted thereunder;	71690

(2) Motor vehicle inspection stations operated in accordance	71691
with, and any equipment used for motor vehicle inspections	71692
conducted under, section 3704.14 of the Revised Code and rules	71693
adopted under it;	71694

(3) Ethanol or other biofuel facilities, including any	71695
equipment used at the ethanol or other biofuel facility for the	71696
production of ethanol or other biofuels;	71697

(4) Any property or portion thereof used for the collection,	71698
storage, treatment, utilization, processing, or final disposal of	71699
a by-product or solid waste resulting from any method, process,	71700
device, structure, or equipment that removes, reduces, prevents,	71701
contains, alters, conveys, stores, disperses, or disposes of air	71702
contaminants, or that renders less noxious or reduces the	71703
concentration of air contaminants in the ambient air;	71704

(5) Any property, device, or equipment that promotes the	71705
reduction of emissions of air contaminants into the ambient air	71706
through improvements in the efficiency of energy utilization or	71707
energy conservation;	71708

(6) Any coal research and development project conducted under	71709
Chapter 1555. of the Revised Code;	71710

(7) As determined by the director of the Ohio coal	71711
development office, any property or portion thereof that is used	71712
for the collection, storage, treatment, utilization, processing,	71713
or final disposal of a by-product resulting from a coal research	71714
and development project as defined in section 1555.01 of the	71715
Revised Code or from the use of clean coal technology, excluding	71716
any property or portion thereof that is used primarily for other	71717
subsequent commercial purposes;	71718

(8) Any property or portion thereof that is part of the	71719
FutureGen project of the United States department of energy or	71720
related to the siting of the FutureGen project.;	71721

(9) Any property, device, or equipment that promotes the	71722
reduction of emissions of air contaminants into the ambient air	71723
through the generation of clean, renewable energy with renewable	71724
energy resources or advanced energy resources as defined in	71725
section 3706.25 of the Revised Code.;	71726

(10) Any property, device, structure or equipment necessary	71727
for the manufacture and production of equipment described as an	71728
air quality facility under this chapter;	71729

(11) Any property, device, or equipment related to the	71730
recharging or refueling of vehicles that promotes the reduction of	71731
emissions of air contaminants into the ambient air through the use	71732
of an alternative fuel as defined in section 125.831 of the	71733
Revised Code or the use of a renewable energy resource as defined	71734
in section 3706.25 of the Revised Code.	71735

"Air quality facility" further includes any property or	71736
system to be used in whole or in part for any of the purposes in	71737
divisions (G)(1) to ~~(10)~~(11) of this section, whether another	71738
purpose is also served, and any property or system incidental to	71739
or that has to do with, or the end purpose of which is, any of the	71740
foregoing. Air quality facilities that are defined in this	71741
division for industry, commerce, distribution, or research,	71742
including public utility companies, are hereby determined to be	71743
those that qualify as facilities for the control of air pollution	71744
and thermal pollution related to air under Section 13 of Article	71745
VIII, Ohio Constitution.	71746

(H) "Project" or "air quality project" means any air quality	71747
facility, including undivided or other interests therein, acquired	71748
or to be acquired or constructed or to be constructed by the Ohio	71749
air quality development authority under this chapter, or acquired	71750
or to be acquired or constructed or to be constructed by a	71751
governmental agency or person with all or a part of the cost	71752
thereof being paid from a loan or grant from the authority under	71753
this chapter or otherwise paid from the proceeds of air quality	71754
revenue bonds, including all buildings and facilities that the	71755
authority determines necessary for the operation of the project,	71756
together with all property, rights, easements, and interests that	71757
may be required for the operation of the project.	71758

(I) "Cost" as applied to an air quality project means the	71759
cost of acquisition and construction, the cost of acquisition of	71760
all land, rights-of-way, property rights, easements, franchise	71761
rights, and interests required for such acquisition and	71762
construction, the cost of demolishing or removing any buildings or	71763
structures on land so acquired, including the cost of acquiring	71764
any lands to which such buildings or structures may be moved, the	71765
cost of acquiring or constructing and equipping a principal office	71766
and sub-offices of the authority, the cost of diverting highways,	71767
interchange of highways, and access roads to private property,	71768
including the cost of land or easements for such access roads, the	71769
cost of public utility and common carrier relocation or	71770
duplication, the cost of all machinery, furnishings, and	71771
equipment, financing charges, interest prior to and during	71772
construction and for no more than eighteen months after completion	71773
of construction, engineering, expenses of research and development	71774
with respect to air quality facilities, the cost of any commodity	71775
contract, including fees and expenses related thereto, legal	71776
expenses, plans, specifications, surveys, studies, estimates of	71777
cost and revenues, working capital, other expenses necessary or	71778
incident to determining the feasibility or practicability of	71779
acquiring or constructing such project, administrative expense,	71780
and such other expense as may be necessary or incident to the	71781
acquisition or construction of the project, the financing of such	71782
acquisition or construction, including the amount authorized in	71783
the resolution of the authority providing for the issuance of air	71784
quality revenue bonds to be paid into any special funds from the	71785
proceeds of such bonds, and the financing of the placing of such	71786
project in operation. Any obligation, cost, or expense incurred by	71787
any governmental agency or person for surveys, borings,	71788
preparation of plans and specifications, and other engineering	71789
services, or any other cost described above, in connection with	71790
the acquisition or construction of a project may be regarded as a	71791
part of the cost of that project and may be reimbursed out of the	71792
proceeds of air quality revenue bonds as authorized by this	71793
chapter.	71794

(J) "Owner" includes an individual, copartnership,	71795
association, or corporation having any title or interest in any	71796
property, rights, easements, or interests authorized to be	71797
acquired by this chapter.	71798

(K) "Revenues" means all rentals and other charges received	71799
by the authority for the use or services of any air quality	71800
project, any gift or grant received with respect to any air	71801
quality project, any moneys received with respect to the lease,	71802
sublease, sale, including installment sale or conditional sale, or	71803
other disposition of an air quality project, moneys received in	71804
repayment of and for interest on any loans made by the authority	71805
to a person or governmental agency, whether from the United States	71806
or any department, administration, or agency thereof, or	71807
otherwise, proceeds of such bonds to the extent that use thereof	71808
for payment of principal of, premium, if any, or interest on the	71809
bonds is authorized by the authority, amounts received or	71810
otherwise derived from a commodity contract or from the sale of	71811
the related commodity under such a contract, proceeds from any	71812
insurance, condemnation, or guaranty pertaining to a project or	71813
property mortgaged to secure bonds or pertaining to the financing	71814
of the project, and income and profit from the investment of the	71815
proceeds of air quality revenue bonds or of any revenues.	71816

(L) "Public roads" includes all public highways, roads, and	71817
streets in the state, whether maintained by the state, county,	71818
city, township, or other political subdivision.	71819

(M) "Public utility facilities" includes tracks, pipes,	71820
mains, conduits, cables, wires, towers, poles, and other equipment	71821
and appliances of any public utility.	71822

(N) "Construction," unless the context indicates a different	71823
meaning or intent, includes reconstruction, enlargement,	71824
improvement, or providing furnishings or equipment.	71825

(O) "Air quality revenue bonds," unless the context indicates	71826
a different meaning or intent, includes air quality revenue notes,	71827
air quality revenue renewal notes, and air quality revenue	71828
refunding bonds, except that notes issued in anticipation of the	71829
issuance of bonds shall have a maximum maturity of five years as	71830
provided in section 3706.05 of the Revised Code and notes or	71831
renewal notes issued as the definitive obligation may be issued	71832
maturing at such time or times with a maximum maturity of forty	71833
years from the date of issuance of the original note.	71834

(P) "Solid waste" means any garbage; refuse; sludge from a	71835
waste water treatment plant, water supply treatment plant, or air	71836
pollution control facility; and other discarded material,	71837
including solid, liquid, semisolid, or contained gaseous material	71838
resulting from industrial, commercial, mining, and agricultural	71839
operations, and from community activities, but not including solid	71840
or dissolved material in domestic sewage, or solid or dissolved	71841
material in irrigation return flows or industrial discharges that	71842
are point sources subject to permits under section 402 of the	71843
"Federal Water Pollution Control Act Amendments of 1972," 86 Stat.	71844
880, 33 U.S.C.A. 1342, as amended, or source, special nuclear, or	71845
byproduct material as defined by the "Atomic Energy Act of 1954,"	71846
68 Stat. 921, 42 U.S.C.A. 2011, as amended.	71847

(Q) "Sludge" means any solid, semisolid, or liquid waste,	71848
other than a recyclable by-product, generated from a municipal,	71849
commercial, or industrial waste water treatment plant, water	71850
supply plant, or air pollution control facility or any other such	71851
wastes having similar characteristics and effects.	71852

(R) "Ethanol or other biofuel facility" means a plant at	71853
which ethanol or other biofuel is produced.	71854

(S) "Ethanol" means fermentation ethyl alcohol derived from	71855
agricultural products, including potatoes, cereal, grains, cheese	71856
whey, and sugar beets; forest products; or other renewable or	71857
biomass resources, including residue and waste generated from the	71858
production, processing, and marketing of agricultural products,	71859
forest products, and other renewable or biomass resources, that	71860
meets all of the specifications in the American society for	71861
testing and materials (ASTM) specification D 4806-88 and is	71862
denatured as specified in Parts 20 and 21 of Title 27 of the Code	71863
of Federal Regulations.	71864

(T) "Biofuel" means any fuel that is made from cellulosic	71865
biomass resources, including renewable organic matter, crop waste	71866
residue, wood, aquatic plants and other crops, animal waste, solid	71867
waste, or sludge, and that is used for the production of energy	71868
for transportation or other purposes.	71869

(U) "FutureGen project" means the buildings, equipment, and	71870
real property and functionally related buildings, equipment, and	71871
real property, including related research projects that support	71872
the development and operation of the buildings, equipment, and	71873
real property, designated by the United States department of	71874
energy and the FutureGen industrial alliance, inc., as the	71875
coal-fueled, zero-emissions power plant designed to prove the	71876
technical and economic feasibility of producing electricity and	71877
hydrogen from coal and nearly eliminating carbon dioxide emissions	71878
through capture and permanent storage.	71879

(V) "Commodity contract" means a contract or series of	71880
contracts entered into in connection with the acquisition or	71881
construction of air quality facilities for the purchase or sale of	71882
a commodity that is eligible for prepayment with the proceeds of	71883
federally tax exempt bonds under sections 103, 141, and 148 of the	71884
Internal Revenue Code of 1986, as amended, and regulations adopted	71885
under it.	71886

Sec. 3707.511. (A) As used in this section~~, "physician"~~:

71887

"Physician" means a person authorized under Chapter 4731. of	71888
the Revised Code to practice medicine and surgery or osteopathic	71889
medicine and surgery.	71890

"Chiropractor" means a person licensed under Chapter 4734. of	71891
the Revised Code to practice chiropractic.	71892

(B) A youth sports organization shall provide to the parent,	71893
guardian, or other person having care or charge of an individual	71894
who wishes to practice for or compete in an athletic activity	71895
organized by a youth sports organization the concussion and head	71896
injury information sheet required by section 3707.52 of the	71897
Revised Code. The organization shall provide the information sheet	71898
annually for each sport or other category of athletic activity for	71899
or in which the individual practices or competes.	71900

(C)(1) No individual shall act as a coach or referee for a	71901
youth sports organization unless the individual holds a	71902
pupil-activity program permit issued under section 3319.303 of the	71903
Revised Code for coaching interscholastic athletics or presents	71904
evidence that the individual has successfully completed, within	71905
the previous three years, a training program in recognizing the	71906
symptoms of concussions and head injuries to which the department	71907
of health has provided a link on its internet web site under	71908
section 3707.52 of the Revised Code.	71909

(2) The youth sports organization for which the individual	71910
intends to act as a coach or referee shall inform the individual	71911
of the requirement described in division (C)(1) of this section.	71912

(D) If an individual practicing for or competing in an	71913
athletic event organized by a youth sports organization exhibits	71914
signs, symptoms, or behaviors consistent with having sustained a	71915
concussion or head injury while participating in the practice or	71916
competition, the individual shall be removed from the practice or	71917
competition by one of the following:	71918

(1) The individual who is serving as the individual's coach	71919
during that practice or competition;	71920

(2) An individual who is serving as a referee during that	71921
practice or competition;	71922

(3) An official of the youth sports organization who is	71923
supervising that practice or competition.	71924

(E)(1) If an individual is removed from practice or	71925
competition under division (D) of this section, the coach,	71926
referee, or official who removed the individual shall not allow	71927
the individual, on the same day the individual is removed, to	71928
return to that practice or competition or to participate in any	71929
other practice or competition for which the coach, referee, or	71930
official is responsible. Thereafter, the coach, referee, or	71931
official shall not allow the student to return to that practice or	71932
competition or to participate in any other practice or competition	71933
for which the coach, referee, or official is responsible until	71934
both of the following conditions are satisfied:	71935

(a) The individual's condition is assessed by ~~either~~any of	71936
the following:	71937

(i) A physician;

71938

(ii) A chiropractor;

71939

(iii) Any other licensed health care provider the youth	71940
sports organization, pursuant to division (E)(2) of this section,	71941
authorizes to assess an individual who has been removed from	71942
practice or competition under division (D) of this section.	71943

(b) The individual receives written clearance that it is safe	71944
for the individual to return to practice or competition from a	71945
physician, chiropractor, or ~~from~~ another licensed health care	71946
provider authorized pursuant to division (E)(2) of this section to	71947
grant the clearance.	71948

(2) A youth sports organization may authorize a licensed	71949
health care provider who is not a physician or a chiropractor to	71950
make an assessment or grant a clearance for purposes of division	71951
(E)(1) of this section only if the provider is acting in	71952
accordance with one of the following, as applicable to the	71953
provider's authority to practice in this state:	71954

(a) In consultation with a physician;

71955

(b) Pursuant to the referral of a physician;

71956

71957

(d) Under the supervision of a physician.

71958

(3) A physician, chiropractor, or other licensed health care	71959
provider who makes an assessment or grants a clearance for	71960
purposes of division (E)(1) of this section may be a volunteer.	71961

(F)(1) A youth sports organization or official, employee, or	71962
volunteer of a youth sports organization, including a coach or	71963
referee, is not liable in damages in a civil action for injury,	71964
death, or loss to person or property allegedly arising from	71965
providing services or performing duties under this section, unless	71966
the act or omission constitutes willful or wanton misconduct.	71967

(2) This section does not eliminate, limit, or reduce any	71968
other immunity or defense that a public entity, public official,	71969
or public employee may be entitled to under Chapter 2744. or any	71970
other provision of the Revised Code or under the common law of	71971
this state.	71972

Sec. 3709.01. The state shall be divided into health	71973
districts. Each city constitutes a health district and shall be	71974
known as a "city health district."	71975

The townships and villages in each county shall be combined	71976
into a health district and shall be known as a "general health	71977
district."	71978

As provided for in sections 3709.051, 3709.07, ~~3709.071,~~ and	71979
3709.10 of the Revised Code, there may be a union of two or more	71980
~~contiguous~~ general health districts, ~~not to exceed five,~~ a union	71981
of two or more ~~contiguous~~ city health districts to form a single	71982
city health district, or a union of a general health district and	71983
one or more city health districts located within or partially	71984
within such general health district.	71985

Sec. 3709.051. Two or more ~~contiguous~~ city health districts	71986
may be united to form a single city health district by a majority	71987
affirmative vote of the legislative authority of each city	71988
affected by the union.	71989

If at least three per cent of the qualified electors residing	71990
within each of two or more ~~contiguous~~ city health districts sign a	71991
petition proposing a union into a single city health district, an	71992
election shall be held as provided in this section to determine	71993
whether a single city health district shall be formed. The	71994
petition for union may specify regarding the board of health of	71995
the new district:	71996

(A) The qualifications for membership;

71997

(B) The term of office;

71998

(C) The number of members or a method by which the number may	71999
be determined from time to time;	72000

(D) The method of appointment.

72001

Such petition shall be filed with the boards of county	72002
commissioners of the respective counties affected, subject to	72003
approval of the director of health, and such boards shall promptly	72004
certify the text of the proposal to the boards of election for the	72005
purpose of having the proposal placed on the ballot at the next	72006
general election occurring more than ninety days after such	72007
certification. The election procedures provided in Chapter 3505.	72008
of the Revised Code for questions and issues shall apply to the	72009
election. If a majority of the electors voting on the proposal in	72010
each of the health districts affected vote in favor thereof, the	72011
union of such districts into a single city health district shall	72012
be established on the second succeeding first day of January.	72013

Sec. 3709.10. When it is proposed that two or more	72014
~~contiguous~~ general health districts~~, not to exceed five,~~ unite in	72015
the formation of one general health district, the district	72016
advisory council of each general health district shall meet and	72017
vote on the question of union. An affirmative majority vote of the	72018
district advisory council shall be required for approval. When the	72019
district advisory councils have voted affirmatively on the	72020
question, they shall meet in joint session and shall elect a board	72021
of health for the combined districts. Each original general health	72022
district shall be entitled to at least one member on the board of	72023
health of the combined districts.	72024

When such union is completed, ~~such~~the district shall	72025
constitute a general health district and shall be governed in the	72026
manner provided for general health districts. When two or more	72027
general health districts unite to form one district, the office of	72028
the board of health shall be located at the county seat of the	72029
county selected by the joint board of district advisory councils.	72030

When two or more general health districts have been combined	72031
into a single district, the county auditor of the county selected	72032
by the joint board of district advisory councils as the location	72033
of the central office of the board of health shall be the auditor	72034
of such district and the county treasurer of such county shall be	72035
the custodian of the health funds of such district. When the	72036
budget of such combined general health district is a matter for	72037
consideration, the members of the budget commissions of the	72038
counties constituting the district shall sit as a joint board for	72039
considering and acting on such budget.	72040

Sec. 3712.051. (A) As used in this division, "person" does	72041
not include a member of an interdisciplinary team, as defined in	72042
section 3712.01 of the Revised Code, or any individual who is	72043
employed by a person or public agency licensed under section	72044
3712.041 of the Revised Code.	72045

Except as provided in division (B) of this section, no person	72046
or public agency, other than a person or public agency licensed	72047
pursuant to section 3712.041 of the Revised Code, shall hold	72048
itself out as providing a pediatric respite care program, or	72049
provide a pediatric respite care program, or use the term	72050
"pediatric respite care program" or any term containing "pediatric	72051
respite care" to describe or refer to a health program, facility,	72052
or agency.	72053

(B) Division (A) of this section does not apply to any of the	72054
following:	72055

(1) A hospital;

72056

(2) A nursing home or residential care facility, as those	72057
terms are defined in section 3721.01 of the Revised Code;	72058

(3) A home health agency, if it provides services under	72059
contract with a person or public agency providing a pediatric	72060
respite care program licensed under section 3712.041 of the	72061
Revised Code;	72062

(4) A regional, state, or national nonprofit organization	72063
whose members are providers of pediatric respite care programs,	72064
individuals interested in pediatric respite care programs, or	72065
both, as long as the organization does not provide or represent	72066
that it provides pediatric respite care programs;	72067

(5) A person or government entity certified under section	72068
5123.161 of the Revised Code as a supported living provider;	72069

(6) A residential facility licensed under section 5123.19 of	72070
the Revised Code;	72071

(7) A respite care home certified under section 5126.05 of	72072
the Revised Code;	72073

(8) A person providing respite care under a family support	72074
services program established under section 5126.11 of the Revised	72075
Code;	72076

(9) A person or government entity providing respite care	72077
under a medicaid waiver component that the department of	72078
developmental disabilities administers pursuant to section	72079
~~5111.871~~5166.21 of the Revised Code.	72080

(C) The department of health shall petition the court of	72081
common pleas of any county in which a person or public agency,	72082
without a license granted under section 3712.041 of the Revised	72083
Code, is holding itself out as providing a pediatric respite care	72084
program, is providing a pediatric respite care program, or is	72085
representing a health program, facility, or agency as a pediatric	72086
respite care program, for an order enjoining that person or public	72087
agency from conducting those activities without a license. The	72088
court has jurisdiction to grant injunctive relief upon a showing	72089
that the respondent named in the petition is conducting those	72090
activities without a license.	72091

Any person or public agency may request the department to	72092
petition the court for injunctive relief under this division, and	72093
the department shall do so if it determines that the person or	72094
public agency named in the request is violating division (A) of	72095
this section.	72096

Sec. 3712.07. (A) As used in this section, "terminal care	72097
facility for the homeless" means a facility that provides	72098
accommodations to homeless individuals who are terminally ill.	72099

(B) A person or public agency licensed under this chapter to	72100
provide a hospice care program may enter into an agreement with a	72101
terminal care facility for the homeless under which hospice care	72102
program services may be provided to individuals residing at the	72103
facility, if all of the following apply:	72104

(1) Each resident of the facility has been diagnosed by a	72105
physician as having a terminal condition and an anticipated life	72106
expectancy of six months or less;	72107

(2) No resident of the facility has a relative or other	72108
person willing or capable of providing the care necessary to cope	72109
with ~~his~~the resident's terminal illness or is financially capable	72110
of hiring a person to provide such care;	72111

(3) Each resident of the facility is under the direct care of	72112
a physician;	72113

(4) No resident of the facility requires the staff of the	72114
facility to administer medication by injection;	72115

(5) The facility does not receive any remuneration, directly	72116
or indirectly, from the residents;	72117

(6) The facility does not receive any remuneration, directly	72118
or indirectly, from the ~~medical assistance~~medicaid program	72119
~~established under section 5111.01 of the Revised Code~~ or the	72120
medicare program ~~established under Title XVIII of the "Social~~	72121
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~;	72122

(7) The facility meets all applicable state and federal	72123
health and safety standards, including standards for fire	72124
prevention, maintenance of safe and sanitary conditions, and	72125
proper preparation and storage of foods.	72126

(C) Hospice care program services may be provided at a	72127
terminal care facility for the homeless only by the personnel of	72128
the person or public agency that has entered into an agreement	72129
with the facility under this section.	72130

(D) A terminal care facility for the homeless that has	72131
entered into an agreement under this section may assist its	72132
residents with the self-administration of medication if the	72133
medication has been prescribed by a physician and is not	72134
administered by injection. In the event that a resident has	72135
entered the final stages of dying and is no longer mentally alert,	72136
the facility may administer medication to that resident if the	72137
medication has been prescribed by a physician and is not	72138
administered by injection. Determinations of whether an individual	72139
has entered the final stages of dying and is no longer mentally	72140
alert shall be based on directions from the personnel who provide	72141
hospice care program services at the facility.	72142

Sec. 3712.09. (A) As used in this section:

72143

(1) "Applicant" means a person who is under final	72144
consideration for employment with a hospice care program or	72145
pediatric respite care program in a full-time, part-time, or	72146
temporary position that involves providing direct care to an older	72147
adult or pediatric respite care patient. "Applicant" does not	72148
include a person who provides direct care as a volunteer without	72149
receiving or expecting to receive any form of remuneration other	72150
than reimbursement for actual expenses.	72151

(2) "Criminal records check" has the same meaning as in	72152
section 109.572 of the Revised Code.	72153

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

72154

(B)(1) Except as provided in division (I) of this section,	72155
the chief administrator of a hospice care program or pediatric	72156
respite care program shall request that the superintendent of the	72157
bureau of criminal identification and investigation conduct a	72158
criminal records check of each applicant. If an applicant for whom	72159
a criminal records check request is required under this division	72160
does not present proof of having been a resident of this state for	72161
the five-year period immediately prior to the date the criminal	72162
records check is requested or provide evidence that within that	72163
five-year period the superintendent has requested information	72164
about the applicant from the federal bureau of investigation in a	72165
criminal records check, the chief administrator shall request that	72166
the superintendent obtain information from the federal bureau of	72167
investigation as part of the criminal records check of the	72168
applicant. Even if an applicant for whom a criminal records check	72169
request is required under this division presents proof of having	72170
been a resident of this state for the five-year period, the chief	72171
administrator may request that the superintendent include	72172
information from the federal bureau of investigation in the	72173
criminal records check.	72174

(2) A person required by division (B)(1) of this section to	72175
request a criminal records check shall do both of the following:	72176

(a) Provide to each applicant for whom a criminal records	72177
check request is required under that division a copy of the form	72178
prescribed pursuant to division (C)(1) of section 109.572 of the	72179
Revised Code and a standard fingerprint impression sheet	72180
prescribed pursuant to division (C)(2) of that section, and obtain	72181
the completed form and impression sheet from the applicant;	72182

(b) Forward the completed form and impression sheet to the	72183
superintendent of the bureau of criminal identification and	72184
investigation.	72185

(3) An applicant provided the form and fingerprint impression	72186
sheet under division (B)(2)(a) of this section who fails to	72187
complete the form or provide fingerprint impressions shall not be	72188
employed in any position for which a criminal records check is	72189
required by this section.	72190

(C)(1) Except as provided in rules adopted by the director of	72191
health in accordance with division (F) of this section and subject	72192
to division (C)(2) of this section, no hospice care program or	72193
pediatric respite care program shall employ a person in a position	72194
that involves providing direct care to an older adult or pediatric	72195
respite care patient if the person has been convicted of or	72196
pleaded guilty to any of the following:	72197

(a) A violation of section 2903.01, 2903.02, 2903.03,	72198
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	72199
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	72200
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	72201
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	72202
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	72203
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	72204
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	72205
2925.22, 2925.23, or 3716.11 of the Revised Code.	72206

(b) A violation of an existing or former law of this state,	72207
any other state, or the United States that is substantially	72208
equivalent to any of the offenses listed in division (C)(1)(a) of	72209
this section.	72210

(2)(a) A hospice care program or pediatric respite care	72211
program may employ conditionally an applicant for whom a criminal	72212
records check request is required under division (B) of this	72213
section prior to obtaining the results of a criminal records check	72214
regarding the individual, provided that the program shall request	72215
a criminal records check regarding the individual in accordance	72216
with division (B)(1) of this section not later than five business	72217
days after the individual begins conditional employment. In the	72218
circumstances described in division (I)(2) of this section, a	72219
hospice care program or pediatric respite care program may employ	72220
conditionally an applicant who has been referred to the hospice	72221
care program or pediatric respite care program by an employment	72222
service that supplies full-time, part-time, or temporary staff for	72223
positions involving the direct care of older adults or pediatric	72224
respite care patients and for whom, pursuant to that division, a	72225
criminal records check is not required under division (B) of this	72226
section.	72227

(b) A hospice care program or pediatric respite care program	72228
that employs an individual conditionally under authority of	72229
division (C)(2)(a) of this section shall terminate the	72230
individual's employment if the results of the criminal records	72231
check requested under division (B) of this section or described in	72232
division (I)(2) of this section, other than the results of any	72233
request for information from the federal bureau of investigation,	72234
are not obtained within the period ending thirty days after the	72235
date the request is made. Regardless of when the results of the	72236
criminal records check are obtained, if the results indicate that	72237
the individual has been convicted of or pleaded guilty to any of	72238
the offenses listed or described in division (C)(1) of this	72239
section, the program shall terminate the individual's employment	72240
unless the program chooses to employ the individual pursuant to	72241
division (F) of this section. Termination of employment under this	72242
division shall be considered just cause for discharge for purposes	72243
of division (D)(2) of section 4141.29 of the Revised Code if the	72244
individual makes any attempt to deceive the program about the	72245
individual's criminal record.	72246

(D)(1) Each hospice care program or pediatric respite care	72247
program shall pay to the bureau of criminal identification and	72248
investigation the fee prescribed pursuant to division (C)(3) of	72249
section 109.572 of the Revised Code for each criminal records	72250
check conducted pursuant to a request made under division (B) of	72251
this section.	72252

(2) A hospice care program or pediatric respite care program	72253
may charge an applicant a fee not exceeding the amount the program	72254
pays under division (D)(1) of this section. A program may collect	72255
a fee only if both of the following apply:	72256

(a) The program notifies the person at the time of initial	72257
application for employment of the amount of the fee and that,	72258
unless the fee is paid, the person will not be considered for	72259
employment;	72260

(b) The ~~medical assistance~~medicaid program ~~established under~~	72261
~~Chapter 5111. of the Revised Code~~ does not reimburse the program	72262
the fee it pays under division (D)(1) of this section.	72263

(E) The report of a criminal records check conducted pursuant	72264
to a request made under this section is not a public record for	72265
the purposes of section 149.43 of the Revised Code and shall not	72266
be made available to any person other than the following:	72267

(1) The individual who is the subject of the criminal records	72268
check or the individual's representative;	72269

(2) The chief administrator of the program requesting the	72270
criminal records check or the administrator's representative;	72271

(3) The administrator of any other facility, agency, or	72272
program that provides direct care to older adults or pediatric	72273
respite care patients that is owned or operated by the same entity	72274
that owns or operates the hospice care program or pediatric	72275
respite care program;	72276

(4) A court, hearing officer, or other necessary individual	72277
involved in a case dealing with a denial of employment of the	72278
applicant or dealing with employment or unemployment benefits of	72279
the applicant;	72280

(5) Any person to whom the report is provided pursuant to,	72281
and in accordance with, division (I)(1) or (2) of this section.	72282

(F) The director of health shall adopt rules in accordance	72283
with Chapter 119. of the Revised Code to implement this section.	72284
The rules shall specify circumstances under which a hospice care	72285
program or pediatric respite care program may employ a person who	72286
has been convicted of or pleaded guilty to an offense listed or	72287
described in division (C)(1) of this section but meets personal	72288
character standards set by the director.	72289

(G) The chief administrator of a hospice care program or	72290
pediatric respite care program shall inform each individual, at	72291
the time of initial application for a position that involves	72292
providing direct care to an older adult or pediatric respite care	72293
patient, that the individual is required to provide a set of	72294
fingerprint impressions and that a criminal records check is	72295
required to be conducted if the individual comes under final	72296
consideration for employment.	72297

(H) In a tort or other civil action for damages that is	72298
brought as the result of an injury, death, or loss to person or	72299
property caused by an individual who a hospice care program or	72300
pediatric respite care program employs in a position that involves	72301
providing direct care to older adults or pediatric respite care	72302
patients, all of the following shall apply:	72303

(1) If the program employed the individual in good faith and	72304
reasonable reliance on the report of a criminal records check	72305
requested under this section, the program shall not be found	72306
negligent solely because of its reliance on the report, even if	72307
the information in the report is determined later to have been	72308
incomplete or inaccurate;	72309

(2) If the program employed the individual in good faith on a	72310
conditional basis pursuant to division (C)(2) of this section, the	72311
program shall not be found negligent solely because it employed	72312
the individual prior to receiving the report of a criminal records	72313
check requested under this section;	72314

(3) If the program in good faith employed the individual	72315
according to the personal character standards established in rules	72316
adopted under division (F) of this section, the program shall not	72317
be found negligent solely because the individual prior to being	72318
employed had been convicted of or pleaded guilty to an offense	72319
listed or described in division (C)(1) of this section.	72320

(I)(1) The chief administrator of a hospice care program or	72321
pediatric respite care program is not required to request that the	72322
superintendent of the bureau of criminal identification and	72323
investigation conduct a criminal records check of an applicant if	72324
the applicant has been referred to the program by an employment	72325
service that supplies full-time, part-time, or temporary staff for	72326
positions involving the direct care of older adults or pediatric	72327
respite care patients and both of the following apply:	72328

(a) The chief administrator receives from the employment	72329
service or the applicant a report of the results of a criminal	72330
records check regarding the applicant that has been conducted by	72331
the superintendent within the one-year period immediately	72332
preceding the applicant's referral;	72333

(b) The report of the criminal records check demonstrates	72334
that the person has not been convicted of or pleaded guilty to an	72335
offense listed or described in division (C)(1) of this section, or	72336
the report demonstrates that the person has been convicted of or	72337
pleaded guilty to one or more of those offenses, but the hospice	72338
care program or pediatric respite care program chooses to employ	72339
the individual pursuant to division (F) of this section.	72340

(2) The chief administrator of a hospice care program or	72341
pediatric respite care program is not required to request that the	72342
superintendent of the bureau of criminal identification and	72343
investigation conduct a criminal records check of an applicant and	72344
may employ the applicant conditionally as described in this	72345
division, if the applicant has been referred to the program by an	72346
employment service that supplies full-time, part-time, or	72347
temporary staff for positions involving the direct care of older	72348
adults or pediatric respite care patients and if the chief	72349
administrator receives from the employment service or the	72350
applicant a letter from the employment service that is on the	72351
letterhead of the employment service, dated, and signed by a	72352
supervisor or another designated official of the employment	72353
service and that states that the employment service has requested	72354
the superintendent to conduct a criminal records check regarding	72355
the applicant, that the requested criminal records check will	72356
include a determination of whether the applicant has been	72357
convicted of or pleaded guilty to any offense listed or described	72358
in division (C)(1) of this section, that, as of the date set forth	72359
on the letter, the employment service had not received the results	72360
of the criminal records check, and that, when the employment	72361
service receives the results of the criminal records check, it	72362
promptly will send a copy of the results to the hospice care	72363
program or pediatric respite care program. If a hospice care	72364
program or pediatric respite care program employs an applicant	72365
conditionally in accordance with this division, the employment	72366
service, upon its receipt of the results of the criminal records	72367
check, promptly shall send a copy of the results to the hospice	72368
care program or pediatric respite care program, and division	72369
(C)(2)(b) of this section applies regarding the conditional	72370
employment.	72371

Sec. 3713.06. (A) Any person required to register under	72372
division (A) of section 3713.02 of the Revised Code who imports	72373
bedding or stuffed toys into this state for retail sale or use in	72374
this state and any person required to register under division (A)	72375
of section 3713.02 of the Revised Code who manufactures bedding or	72376
stuffed toys in this state for retail sale or use in this state	72377
shall submit a report to the superintendent of industrial	72378
compliance, in a form and manner prescribed by the superintendent.	72379
The form shall be submitted once ~~every six months~~per year and	72380
shall show the total number of items of bedding or stuffed toys	72381
imported into this state or manufactured in this state. Each	72382
report shall be accompanied by a fee of four cents for each item	72383
of bedding or stuffed toy imported into this state or manufactured	72384
in this state.	72385

(B) Every importer, manufacturer, or wholesaler of stuffed	72386
toys or articles of bedding, and every mobile home and	72387
recreational vehicle dealer, conversion van dealer, secondhand	72388
dealer, and auction house shall retain records, designated by the	72389
superintendent in rule, for the time period established in rule.	72390

(C) Every importer, manufacturer, or wholesaler of stuffed	72391
toys or articles of bedding, and every mobile home and	72392
recreational vehicle dealer, conversion van dealer, secondhand	72393
dealer, and auction house shall make sufficient investigation of	72394
its records to ensure that the information reported to the	72395
superintendent under division (A) of this section is accurate.	72396

Sec. 3714.03. (A) As used in this section:

72397

(1) "Aquifer system" means one or more geologic units or	72398
formations that are wholly or partially saturated with water and	72399
are capable of storing, transmitting, and yielding significant	72400
amounts of water to wells or springs.	72401

(2) "Category 3 wetland" means a wetland that supports	72402
superior habitat or hydrological or recreational functions as	72403
determined by an appropriate wetland evaluation methodology	72404
acceptable to the director of environmental protection. "Category	72405
3 wetland" includes a wetland with high levels of diversity, a	72406
high proportion of native species, and high functional values and	72407
includes, but is not limited to, a wetland that contains or	72408
provides habitat for threatened or endangered species. "Category 3	72409
wetland" may include high quality forested wetlands, including old	72410
growth forested wetlands, mature forested riparian wetlands,	72411
vernal pools, bogs, fens, and wetlands that are scarce regionally.	72412

(3) "Natural area" means either of the following:

72413

(a) An area designated by the director of natural resources	72414
as a wild, scenic, or recreational river under section 1547.81 of	72415
the Revised Code;	72416

(b) An area designated by the United States department of the	72417
interior as a national wild, scenic, or recreational river.	72418

(4) "Occupied dwelling" means a residential dwelling and also	72419
includes a place of worship as defined in section 5104.01 of the	72420
Revised Code, a child day-care center as defined in that section,	72421
a hospital as defined in section 3727.01 of the Revised Code, a	72422
nursing home as defined in that section, a school, and a	72423
restaurant or other eating establishment. "Occupied dwelling" does	72424
not include a dwelling owned or controlled by the owner or	72425
operator of a construction and demolition debris facility to which	72426
the siting criteria established under this section are being	72427
applied.	72428

(5) "Residential dwelling" means a building used or intended	72429
to be used in whole or in part as a personal residence by the	72430
owner, part-time owner, or lessee of the building or any person	72431
authorized by the owner, part-time owner, or lessee to use the	72432
building as a personal residence.	72433

(B) Neither the director of environmental protection nor any	72434
board of health shall issue a permit to install under section	72435
3714.051 of the Revised Code to establish a new construction and	72436
demolition debris facility when any portion of the facility is	72437
proposed to be located in either of the following locations:	72438

(1) Within the boundaries of a one-hundred-year flood plain,	72439
as those boundaries are shown on the applicable maps prepared	72440
under the "National Flood Insurance Act of 1968," 82 Stat. 572, 42	72441
U.S.C.A. 4001, as amended, unless the owner or operator has	72442
obtained an exemption from division (B)(1) of this section in	72443
accordance with section 3714.04 of the Revised Code. If no such	72444
maps have been prepared, the boundaries of a one-hundred-year	72445
flood plain shall be determined by the applicant for a permit	72446
based upon standard methodologies set forth in "urban hydrology	72447
for small watersheds" (soil conservation service technical release	72448
number 55) and section 4 of the "national engineering hydrology	72449
handbook" of the soil conservation service of the United States	72450
department of agriculture.	72451

(2) Within the boundaries of a sole source aquifer designated	72452
by the administrator of the United States environmental protection	72453
agency under the "Safe Drinking Water Act," 88 Stat. 1660 (1974),	72454
42 U.S.C.A. 300f, as amended.	72455

(C) Neither the director nor any board shall issue a permit	72456
to install under section 3714.051 of the Revised Code to establish	72457
a new construction and demolition debris facility when the	72458
horizontal limits of construction and demolition debris placement	72459
at the new facility are proposed to be located in any of the	72460
following locations:	72461

(1) Within one hundred feet of a perennial stream as defined	72462
by the United States geological survey seven and one-half minute	72463
quadrangle map or a category 3 wetland;	72464

(2) Within one hundred feet of the facility's property line;

72465

(3)(a) Except as provided in division (C)(3)(b) of this	72466
section, within five hundred feet of a residential or public water	72467
supply well.	72468

(b) Division (C)(3)(a) of this section does not apply to a	72469
residential well under any of the circumstances specified in	72470
divisions (C)(3)(b)(i) to (iii) of this section as follows:	72471

(i) The well is controlled by the owner or operator of the	72472
construction and demolition debris facility.	72473

(ii) The well is hydrologically separated from the horizontal	72474
limits of construction and demolition debris placement.	72475

(iii) The well is at least three hundred feet upgradient from	72476
the horizontal limits of construction and demolition debris	72477
placement and division (D) of this section does not prohibit the	72478
issuance of the permit to install.	72479

(4) Within five hundred feet of a park created or operated	72480
pursuant to section 301.26, 511.18, 755.08, 1545.04, or 1545.041	72481
of the Revised Code, a state park established or dedicated under	72482
Chapter 1541. of the Revised Code, a state park purchase area	72483
established under section 1541.02 of the Revised Code, a national	72484
recreation area, any unit of the national park system, or any	72485
property that lies within the boundaries of a national park or	72486
recreation area, but that has not been acquired or is not	72487
administered by the secretary of the United States department of	72488
the interior, located in this state, or any area located in this	72489
state that is recommended by the secretary for study for potential	72490
inclusion in the national park system in accordance with "The Act	72491
of August 18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended;	72492

(5) Within five hundred feet of a natural area, any area	72493
established by the department of natural resources as a state	72494
wildlife area under Chapter 1531. of the Revised Code and rules	72495
adopted under it, any area that is formally dedicated as a nature	72496
preserve under section 1517.05 of the Revised Code, or any area	72497
designated by the United States department of the interior as a	72498
national wildlife refuge;	72499

(6) Within five hundred feet of a lake or reservoir of one	72500
acre or more that is hydrogeologically connected to ground water.	72501
For purposes of division (C)(6) of this section, a lake or	72502
reservoir does not include a body of water constructed and used	72503
for purposes of surface water drainage or sediment control.	72504

(7) Within five hundred feet of a state forest purchased or	72505
otherwise acquired under Chapter 1503. of the Revised Code;	72506

(8) ~~Within five hundred feet of land that is placed on the~~	72507
~~state registry of historic landmarks under section 149.55 of the~~	72508
~~Revised Code;~~	72509

~~(9)~~ Within five hundred feet of an occupied dwelling unless	72510
written permission is given by the owner of the dwelling.	72511

(D) Neither the director nor any board shall issue a permit	72512
to install under section 3714.051 of the Revised Code to establish	72513
a new construction and demolition debris facility when the limits	72514
of construction and demolition debris placement at the new	72515
facility are proposed to have an isolation distance of less than	72516
five feet from the uppermost aquifer system that consists of	72517
material that has a maximum hydraulic conductivity of 1 x 10-5	72518
cm/sec and all of the geologic material comprising the isolation	72519
distance has a hydraulic conductivity equivalent to or less than 1	72520
x 10-6 cm/sec.	72521

(E) Neither the director nor any board shall issue a permit	72522
to install under section 3714.051 of the Revised Code to establish	72523
a new construction and demolition debris facility when the road	72524
that is designated by the owner or operator as the main hauling	72525
road at the facility to and from the limits of construction and	72526
demolition debris placement is proposed to be located within five	72527
hundred feet of an occupied dwelling unless written permission is	72528
given by the owner of the occupied dwelling.	72529

(F) Neither the director nor any board shall issue a permit	72530
to install under section 3714.051 of the Revised Code to establish	72531
a new construction and demolition debris facility unless the new	72532
facility will have all of the following:	72533

(1) Access roads that shall be constructed in a manner that	72534
allows use in all weather conditions and will withstand the	72535
anticipated degree of use and minimize erosion and generation of	72536
dust;	72537

(2) Surface water drainage and sediment controls that are	72538
required by the director;	72539

(3) If the facility is proposed to be located in an area in	72540
which an applicable zoning resolution allows residential	72541
construction, vegetated earthen berms or an equivalent barrier	72542
with a minimum height of six feet separating the facility from	72543
adjoining property.	72544

(G)(1) The siting criteria established in this section shall	72545
be applied to an application for a permit to install at the time	72546
that the application is submitted to the director or a board of	72547
health, as applicable. Circumstances related to the siting	72548
criteria that change after the application is submitted shall not	72549
be considered in approving or disapproving the application.	72550

(2) The siting criteria established in this section by this	72551
amendment do not apply to an expansion of a construction and	72552
demolition debris facility that was in operation prior to December	72553
22, 2005, onto property within the property boundaries identified	72554
in the application for the initial license for that facility or	72555
any subsequent license issued for that facility up to and	72556
including the license issued for that facility for calendar year	72557
2005. The siting criteria established in this section prior to	72558
December 22, 2005, apply to such an expansion.	72559

Sec. 3714.07. (A)(1) For the purpose of assisting boards of	72560
health and the environmental protection agency in administering	72561
and enforcing this chapter and rules adopted under it, there is	72562
hereby levied a fee of thirty cents per cubic yard or sixty cents	72563
per ton, as applicable, on both of the following:	72564

(a) The disposal of construction and demolition debris at a	72565
construction and demolition debris facility that is licensed under	72566
this chapter or at a solid waste facility that is licensed under	72567
Chapter 3734. of the Revised Code;	72568

(b) The disposal of asbestos or asbestos-containing materials	72569
or products at a construction and demolition debris facility that	72570
is licensed under this chapter or at a solid waste facility that	72571
is licensed under Chapter 3734. of the Revised Code.	72572

(2) The owner or operator of a construction and demolition	72573
debris facility or a solid waste facility shall determine if cubic	72574
yards or tons will be used as the unit of measurement. If basing	72575
the fee on cubic yards, the owner or operator shall utilize either	72576
the maximum cubic yard capacity of the container, or the hauling	72577
volume of the vehicle, that transports the construction and	72578
demolition debris to the facility or the cubic yards actually	72579
logged for disposal by the owner or operator in accordance with	72580
rules adopted under section 3714.02 of the Revised Code. If basing	72581
the fee on tonnage, the owner or operator shall use certified	72582
scales to determine the tonnage of construction and demolition	72583
debris that is disposed of.	72584

(3) The owner or operator of a construction and demolition	72585
debris facility or a solid waste facility shall calculate the	72586
amount of money generated from the fee levied under division	72587
(A)(1) of this section and shall hold that amount as a trustee for	72588
the health district having jurisdiction over the facility, if that	72589
district is on the approved list under section 3714.09 of the	72590
Revised Code, or for the state. The owner or operator shall	72591
prepare and file with the appropriate board of health or the	72592
director of environmental protection monthly returns indicating	72593
the total volume or weight, as applicable, of construction and	72594
demolition debris and asbestos or asbestos-containing materials or	72595
products disposed of at the facility and the total amount of money	72596
generated during that month from the fee levied under division	72597
(A)(1) of this section on the disposal of construction and	72598
demolition debris and asbestos or asbestos-containing materials or	72599
products. Not later than thirty days after the last day of the	72600
month to which the return applies, the owner or operator shall	72601
mail to the board of health or the director the return for that	72602
month together with the amount of money calculated under division	72603
(A)(3) of this section on the disposal of construction and	72604
demolition debris and asbestos or asbestos-containing materials or	72605
products during that month or may submit the return and money	72606
electronically in a manner approved by the director. The owner or	72607
operator may request, in writing, an extension of not more than	72608
thirty days after the last day of the month to which the return	72609
applies. A request for extension may be denied. If the owner or	72610
operator submits the money late, the owner or operator shall pay a	72611
penalty of ten per cent of the amount of the money due for each	72612
month that it is late.	72613

(4) Of the money that is submitted by a construction and	72614
demolition debris facility or a solid waste facility on a per	72615
cubic yard or per ton basis under this section, a board of health	72616
shall transmit three cents per cubic yard or six cents per ton, as	72617
applicable, to the director not later than forty-five days after	72618
the receipt of the money. The money retained by a board of health	72619
under this section shall be paid into a special fund, which is	72620
hereby created in each health district, and used solely tofor the	72621
following purposes:	72622

(a) To administer and enforce this chapter and rules adopted	72623
under it;	72624

(b) To abate abandoned accumulations of construction and	72625
demolition debris as provided in section 3714.074 of the Revised	72626
Code.	72627

The director shall transmit all money received under this	72628
section to the treasurer of state to be credited to the	72629
construction and demolition debris facility oversight fund, which	72630
is hereby created in the state treasury. The fund shall be	72631
administered by the director, and money credited to the fund shall	72632
be used exclusively for the administration and enforcement of this	72633
chapter and rules adopted under it.	72634

(B) The board of health of a health district or the director	72635
may enter into an agreement with the owner or operator of a	72636
construction and demolition debris facility or a solid waste	72637
facility for the quarterly payment of money generated from the	72638
disposal fee as calculated in division (A)(3) of this section. The	72639
board of health shall notify the director of any such agreement.	72640
Not later than forty-five days after receipt of the quarterly	72641
payment, the board of health shall transmit the amount established	72642
in division (A)(4) of this section to the director. The money	72643
retained by the board of health shall be deposited in the special	72644
fund of the district as required under that division. Upon receipt	72645
of the money from a board of health, the director shall transmit	72646
the money to the treasurer of state to be credited to the	72647
construction and demolition debris facility oversight fund.	72648

(C) If a construction and demolition debris facility or a	72649
solid waste facility is located within the territorial boundaries	72650
of a municipal corporation or the unincorporated area of a	72651
township, the municipal corporation or township may appropriate up	72652
to four cents per cubic yard or up to eight cents per ton of the	72653
disposal fee required to be paid by the facility under division	72654
(A)(1) of this section for the same purposes that a municipal	72655
corporation or township may levy a fee under division (C) of	72656
section 3734.57 of the Revised Code.	72657

The legislative authority of the municipal corporation or	72658
township may appropriate the money from the fee by enacting an	72659
ordinance or adopting a resolution establishing the amount of the	72660
fee to be appropriated. Upon doing so, the legislative authority	72661
shall mail a certified copy of the ordinance or resolution to the	72662
board of health of the health district in which the construction	72663
and demolition debris facility or the solid waste facility is	72664
located or, if the facility is located in a health district that	72665
is not on the approved list under section 3714.09 of the Revised	72666
Code, to the director. Upon receipt of the copy of the ordinance	72667
or resolution and not later than forty-five days after receipt of	72668
money generated from the fee, the board or the director, as	72669
applicable, shall transmit to the treasurer or other appropriate	72670
officer of the municipal corporation or clerk of the township that	72671
portion of the money generated from the disposal fee by the owner	72672
or operator of the facility that is required by the ordinance or	72673
resolution to be paid to that municipal corporation or township.	72674

Money received by the treasurer or other appropriate officer	72675
of a municipal corporation under this division shall be paid into	72676
the general fund of the municipal corporation. Money received by	72677
the clerk of a township under this division shall be paid into the	72678
general fund of the township. The treasurer or other officer of	72679
the municipal corporation or the clerk of the township, as	72680
appropriate, shall maintain separate records of the money received	72681
under this division.	72682

The legislative authority of a municipal corporation or	72683
township may cease appropriating money under this division by	72684
repealing the ordinance or resolution that was enacted or adopted	72685
under this division.	72686

The director shall adopt rules in accordance with Chapter	72687
119. of the Revised Code establishing requirements for prorating	72688
the amount of the fee that may be appropriated under this division	72689
by a municipal corporation or township in which only a portion of	72690
a construction and demolition debris facility is located within	72691
the territorial boundaries of the municipal corporation or	72692
township.	72693

(D) The board of county commissioners of a county in which a	72694
construction and demolition debris facility or a solid waste	72695
facility is located may appropriate up to three cents per cubic	72696
yard or up to six cents per ton of the disposal fee required to be	72697
paid by the facility under division (A)(1) of this section for the	72698
same purposes that a solid waste management district may levy a	72699
fee under division (B) of section 3734.57 of the Revised Code.	72700

The board of county commissioners may appropriate the money	72701
from the fee by adopting a resolution establishing the amount of	72702
the fee to be appropriated. Upon doing so, the board of county	72703
commissioners shall mail a certified copy of the resolution to the	72704
board of health of the health district in which the construction	72705
and demolition debris facility or the solid waste facility is	72706
located or, if the facility is located in a health district that	72707
is not on the approved list under section 3714.09 of the Revised	72708
Code, to the director. Upon receipt of the copy of the resolution	72709
and not later than forty-five days after receipt of money	72710
generated from the fee, the board of health or the director, as	72711
applicable, shall transmit to the treasurer of the county that	72712
portion of the money generated from the disposal fee by the owner	72713
or operator of the facility that is required by the resolution to	72714
be paid to that county.	72715

Money received by a county treasurer under this division	72716
shall be paid into the general fund of the county. The county	72717
treasurer shall maintain separate records of the money received	72718
under this division.	72719

A board of county commissioners may cease appropriating money	72720
under this division by repealing the resolution that was adopted	72721
under this division.	72722

(E)(1) This section does not apply to the disposal of	72723
construction and demolition debris at a solid waste facility that	72724
is licensed under Chapter 3734. of the Revised Code if there is no	72725
construction and demolition debris facility licensed under this	72726
chapter within thirty-five miles of the solid waste facility as	72727
determined by a facility's property boundaries.	72728

(2) This section does not apply to the disposal of	72729
construction and demolition debris at a solid waste facility that	72730
is licensed under Chapter 3734. of the Revised Code if the owner	72731
or operator of the facility chooses to collect fees on the	72732
disposal of the construction and demolition debris and asbestos or	72733
asbestos-containing materials or products that are identical to	72734
the fees that are collected under Chapters 343. and 3734. of the	72735
Revised Code on the disposal of solid wastes at that facility.	72736

(3) This section does not apply to the disposal of source	72737
separated materials that are exclusively composed of reinforced or	72738
nonreinforced concrete, asphalt, clay tile, building or paving	72739
brick, or building or paving stone at a construction and	72740
demolition debris facility that is licensed under this chapter	72741
when either of the following applies:	72742

(a) The materials are placed within the limits of	72743
construction and demolition debris placement at the facility as	72744
specified in the license issued to the facility under section	72745
3714.06 of the Revised Code, are not placed within the unloading	72746
zone of the facility, and are used as a fire prevention measure in	72747
accordance with rules adopted by the director under section	72748
3714.02 of the Revised Code.	72749

(b) The materials are not placed within the unloading zone of	72750
the facility or within the limits of construction and demolition	72751
debris placement at the facility as specified in the license	72752
issued to the facility under section 3714.06 of the Revised Code,	72753
but are used as fill material, either alone or in conjunction with	72754
clean soil, sand, gravel, or other clean aggregates, in legitimate	72755
fill operations for construction purposes at the facility or to	72756
bring the facility up to a consistent grade.	72757

Sec. 3714.074. (A) A board of health may use money in the	72758
board's special fund created in section 3714.07 of the Revised	72759
Code for the purpose specified in division (B) of this section if	72760
both of the following apply:	72761

(1) It is the end of the fiscal year.

72762

(2) The board determines that it has more money in the fund	72763
than is necessary for the board to administer and enforce this	72764
chapter and rules adopted under it for the following fiscal year.	72765

(B) A board of health may use excess money as described in	72766
division (A) of this section to abate abandoned accumulations of	72767
construction and demolition debris at a location for which a	72768
license has not been issued pursuant to section 3714.05 of the	72769
Revised Code if the board has reason to believe that there is a	72770
substantial threat to public health or safety or the environment	72771
and all of the following apply to the property on which the	72772
accumulations are located:	72773

(1) The construction and demolition debris was placed on the	72774
property under either of the following circumstances:	72775

(a) After the owner of the property acquired title to it;

72776

(b) Before the owner of the property acquired title to it if	72777
the owner acquired title to the property by bequest or devise.	72778

(2) The owner of the property did not have knowledge that the	72779
construction and demolition debris was being placed on the	72780
property, or the owner posted on the property signs prohibiting	72781
dumping or took other action to prevent the placing of	72782
construction and demolition debris on the property.	72783

(3) The owner of the property did not participate in or	72784
consent to the placement of the construction and demolition debris	72785
on the property.	72786

(4) The owner of the property did not receive any financial	72787
benefit from the placement of the construction and demolition	72788
debris on the property or from having the construction and	72789
demolition debris on the property.	72790

(5) Title to the property was not transferred to the owner of	72791
that property for the purpose of avoiding liability for violations	72792
of this chapter or rules adopted under it.	72793

(6) The person responsible for the placement of the	72794
construction and demolition debris on the property, in placing the	72795
construction and demolition debris on the property, was not acting	72796
as an agent for the owner of the property.	72797

Sec. 3717.08. (A) The director of agriculture and director	72798
of health shall strive to increase consumer confidence in the	72799
state's food supply by promoting food safety awareness and	72800
education. The efforts of the director of agriculture and director	72801
of health shall be made, when appropriate and available, through	72802
partnerships with representatives of retail food establishments,	72803
representatives of food service operations, and representatives of	72804
the academic community, including ~~the Ohio state university~~OSU	72805
extension ~~service~~.	72806

(B) As part of their promotion of food safety awareness, the	72807
director of agriculture and the director of health shall do the	72808
following:	72809

(1) Develop training programs regarding the Ohio uniform food	72810
safety code. The directors may offer the training programs	72811
separately but shall coordinate the content of the programs to the	72812
greatest extent practicable. The training programs shall be made	72813
available to the employees of the department of agriculture,	72814
employees of the department of health, representatives of boards	72815
of health and the health officials employed by the boards,	72816
representatives of retail food establishments, and representatives	72817
of food service operations.	72818

(2) Co-sponsor a biennial statewide food safety conference.	72819
Additional statewide food safety conferences may be held as	72820
considered appropriate by the director of agriculture and director	72821
of health.	72822

Sec. 3718.06. (A) A board of health shall establish fees in	72823
accordance with section 3709.09 of the Revised Code for the	72824
purpose of carrying out its duties under this chapter and rules	72825
adopted under it, including fees for installation permits,	72826
operation permits, and alteration permits issued by the board. All	72827
fees so established and collected by the board shall be deposited	72828
in a special fund of the district to be used exclusively by the	72829
board in carrying out those duties.	72830

(B) In accordance with Chapter 119. of the Revised Code, the	72831
director of health may establish by rule a fee to be collected	72832
from applicants for installation permits and alteration permits	72833
issued under rules adopted under this chapter. The director of	72834
health shall use not more than ~~seventy-five~~ninety per cent of the	72835
proceeds from that fee for administering and enforcing this	72836
chapter and the rules adopted under it by the director. The	72837
director shall use not less than ~~twenty-five~~ten per cent of the	72838
proceeds from that fee to establish a program in cooperation with	72839
boards of health to fund installation and evaluation of sewage	72840
treatment system new technology pilot projects through grants or	72841
other agreements. In the selection of pilot projects, the director	72842
shall consult with the sewage treatment system technical advisory	72843
committee. A board of health shall collect and transmit the fee to	72844
the director pursuant to section 3709.092 of the Revised Code.	72845

Sec. 3719.61. Nothing in the laws dealing with drugs of	72846
abuse shall be construed to prohibit treatment of narcotic drug	72847
dependent persons by the continuing maintenance of their	72848
dependence through the administration of methadone in accordance	72849
with the rules adopted by the department of ~~alcohol and drug~~	72850
~~addiction services~~mental health and addiction services under	72851
section ~~3793.11~~5119.39 of the Revised Code, when all of the	72852
following apply:	72853

(A) The likelihood that any person undergoing maintenance	72854
treatment will be cured of dependence on narcotic drugs is remote,	72855
the treatment is prescribed for the purpose of alleviating or	72856
controlling the patient's drug dependence, and the patient's	72857
prognosis while undergoing treatment is at least a partial	72858
improvement in the patient's asocial or antisocial behavior	72859
patterns;	72860

(B) In the case of an inpatient in a hospital or clinic, the	72861
amount of the maintenance drug dispensed at any one time does not	72862
exceed the quantity necessary for a single dose, and the dose is	72863
administered to the patient immediately;	72864

(C) In the case of an outpatient, the amount of the	72865
maintenance drug dispensed at any one time shall be determined by	72866
the patient's treatment provider taking into account the patient's	72867
progress in the treatment program and the patient's needs for	72868
gainful employment, education, and responsible homemaking, except	72869
that in no event shall the dosage be greater than the amount	72870
permitted by federal law and rules adopted by the department	72871
pursuant to section ~~3793.11~~5119.39 of the Revised Code;	72872

(D) The drug is not dispensed in any case to replace or	72873
supplement any part of a supply of the drug previously dispensed,	72874
or when there is reasonable cause to believe it will be used or	72875
disposed of unlawfully;	72876

(E) The drug is dispensed through a program licensed and	72877
operated in accordance with section ~~3793.11~~5119.39 of the Revised	72878
Code.	72879

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	72880
3721.99 of the Revised Code:	72881

(1)(a) "Home" means an institution, residence, or facility	72882
that provides, for a period of more than twenty-four hours,	72883
whether for a consideration or not, accommodations to three or	72884
more unrelated individuals who are dependent upon the services of	72885
others, including a nursing home, residential care facility, home	72886
for the aging, and a veterans' home operated under Chapter 5907.	72887
of the Revised Code.	72888

(b) "Home" also means both of the following:

72889

(i) Any facility that a person, as defined in section 3702.51	72890
of the Revised Code, proposes for certification as a skilled	72891
nursing facility or nursing facility under Title XVIII or XIX of	72892
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	72893
as amended, and for which a certificate of need, other than a	72894
certificate to recategorize hospital beds as described in section	72895
3702.521 of the Revised Code or division (R)(7)(d) of the version	72896
of section 3702.51 of the Revised Code in effect immediately prior	72897
to April 20, 1995, has been granted to the person under sections	72898
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	72899

(ii) A county home or district home that is or has been	72900
licensed as a residential care facility.	72901

72902

(i) Except as provided in division (A)(1)(b) of this section,	72903
a public hospital or hospital as defined in section 3701.01 or	72904
5122.01 of the Revised Code;	72905

(ii) A residential facility as defined in section ~~5119.22~~	72906
5119.34 of the Revised Code;	72907

(iii) A residential facility as defined in section 5123.19 of	72908
the Revised Code;	72909

(iv) ~~An alcohol or drug~~A community addiction ~~program~~	72910
services provider as defined in section ~~3793.01~~5119.01 of the	72911
Revised Code;	72912

(v) A facility licensed to provide methadone treatment under	72913
section ~~3793.11~~5119.39 of the Revised Code;	72914

(vi) A facility providing services under contract with the	72915
department of developmental disabilities under section 5123.18 of	72916
the Revised Code;	72917

(vii) A facility operated by a hospice care program licensed	72918
under section 3712.04 of the Revised Code that is used exclusively	72919
for care of hospice patients;	72920

(viii) A facility operated by a pediatric respite care	72921
program licensed under section 3712.041 of the Revised Code that	72922
is used exclusively for care of pediatric respite care patients;	72923

(ix) A facility, infirmary, or other entity that is operated	72924
by a religious order, provides care exclusively to members of	72925
religious orders who take vows of celibacy and live by virtue of	72926
their vows within the orders as if related, and does not	72927
participate in the medicare program ~~established under Title XVIII~~	72928
~~of the "Social Security Act"~~ or the ~~medical assistance~~medicaid	72929
program ~~established under Chapter 5111. of the Revised Code and~~	72930
~~Title XIX of the "Social Security Act,"~~ if on January 1, 1994, the	72931
facility, infirmary, or entity was providing care exclusively to	72932
members of the religious order;	72933

(x) A county home or district home that has never been	72934
licensed as a residential care facility.	72935

(2) "Unrelated individual" means one who is not related to	72936
the owner or operator of a home or to the spouse of the owner or	72937
operator as a parent, grandparent, child, grandchild, brother,	72938
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	72939
uncle.	72940

(3) "Mental impairment" does not mean mental illness as	72941
defined in section 5122.01 of the Revised Code or mental	72942
retardation as defined in section 5123.01 of the Revised Code.	72943

(4) "Skilled nursing care" means procedures that require	72944
technical skills and knowledge beyond those the untrained person	72945
possesses and that are commonly employed in providing for the	72946
physical, mental, and emotional needs of the ill or otherwise	72947
incapacitated. "Skilled nursing care" includes, but is not limited	72948
to, the following:	72949

(a) Irrigations, catheterizations, application of dressings,	72950
and supervision of special diets;	72951

(b) Objective observation of changes in the patient's	72952
condition as a means of analyzing and determining the nursing care	72953
required and the need for further medical diagnosis and treatment;	72954

72955

(d) Administration of medication by any method ordered by a	72956
physician, such as hypodermically, rectally, or orally, including	72957
observation of the patient after receipt of the medication;	72958

(e) Carrying out other treatments prescribed by the physician	72959
that involve a similar level of complexity and skill in	72960
administration.	72961

(5)(a) "Personal care services" means services including, but	72962
not limited to, the following:	72963

(i) Assisting residents with activities of daily living;

72964

(ii) Assisting residents with self-administration of	72965
medication, in accordance with rules adopted under section 3721.04	72966
of the Revised Code;	72967

(iii) Preparing special diets, other than complex therapeutic	72968
diets, for residents pursuant to the instructions of a physician	72969
or a licensed dietitian, in accordance with rules adopted under	72970
section 3721.04 of the Revised Code.	72971

(b) "Personal care services" does not include "skilled	72972
nursing care" as defined in division (A)(4) of this section. A	72973
facility need not provide more than one of the services listed in	72974
division (A)(5)(a) of this section to be considered to be	72975
providing personal care services.	72976

(6) "Nursing home" means a home used for the reception and	72977
care of individuals who by reason of illness or physical or mental	72978
impairment require skilled nursing care and of individuals who	72979
require personal care services but not skilled nursing care. A	72980
nursing home is licensed to provide personal care services and	72981
skilled nursing care.	72982

(7) "Residential care facility" means a home that provides	72983
either of the following:	72984

(a) Accommodations for seventeen or more unrelated	72985
individuals and supervision and personal care services for three	72986
or more of those individuals who are dependent on the services of	72987
others by reason of age or physical or mental impairment;	72988

(b) Accommodations for three or more unrelated individuals,	72989
supervision and personal care services for at least three of those	72990
individuals who are dependent on the services of others by reason	72991
of age or physical or mental impairment, and, to at least one of	72992
those individuals, any of the skilled nursing care authorized by	72993
section 3721.011 of the Revised Code.	72994

(8) "Home for the aging" means a home that provides services	72995
as a residential care facility and a nursing home, except that the	72996
home provides its services only to individuals who are dependent	72997
on the services of others by reason of both age and physical or	72998
mental impairment.	72999

The part or unit of a home for the aging that provides	73000
services only as a residential care facility is licensed as a	73001
residential care facility. The part or unit that may provide	73002
skilled nursing care beyond the extent authorized by section	73003
3721.011 of the Revised Code is licensed as a nursing home.	73004

(9) "County home" and "district home" mean a county home or	73005
district home operated under Chapter 5155. of the Revised Code.	73006

(B) The director of health may further classify homes. For	73007
the purposes of this chapter, any residence, institution, hotel,	73008
congregate housing project, or similar facility that meets the	73009
definition of a home under this section is such a home regardless	73010
of how the facility holds itself out to the public.	73011

(C) For purposes of this chapter, personal care services or	73012
skilled nursing care shall be considered to be provided by a	73013
facility if they are provided by a person employed by or	73014
associated with the facility or by another person pursuant to an	73015
agreement to which neither the resident who receives the services	73016
nor the resident's sponsor is a party.	73017

(D) Nothing in division (A)(4) of this section shall be	73018
construed to permit skilled nursing care to be imposed on an	73019
individual who does not require skilled nursing care.	73020

Nothing in division (A)(5) of this section shall be construed	73021
to permit personal care services to be imposed on an individual	73022
who is capable of performing the activity in question without	73023
assistance.	73024

(E) Division (A)(1)(c)(ix) of this section does not prohibit	73025
a facility, infirmary, or other entity described in that division	73026
from seeking licensure under sections 3721.01 to 3721.09 of the	73027
Revised Code or certification under Title XVIII or XIX of the	73028
"Social Security Act." However, such a facility, infirmary, or	73029
entity that applies for licensure or certification must meet the	73030
requirements of those sections or titles and the rules adopted	73031
under them and obtain a certificate of need from the director of	73032
health under section 3702.52 of the Revised Code.	73033

(F) Nothing in this chapter, or rules adopted pursuant to it,	73034
shall be construed as authorizing the supervision, regulation, or	73035
control of the spiritual care or treatment of residents or	73036
patients in any home who rely upon treatment by prayer or	73037
spiritual means in accordance with the creed or tenets of any	73038
recognized church or religious denomination.	73039

Sec. 3721.011. (A) In addition to providing accommodations,	73040
supervision, and personal care services to its residents, a	73041
residential care facility may do the following:	73042

(1) Provide the following skilled nursing care to its	73043
residents:	73044

(a) Supervision of special diets;

73045

(b) Application of dressings, in accordance with rules	73046
adopted under section 3721.04 of the Revised Code;	73047

(c) Subject to division (B)(1) of this section,	73048
administration of medication.	73049

(2) Subject to division (C) of this section, provide other	73050
skilled nursing care on a part-time, intermittent basis for not	73051
more than a total of one hundred twenty days in a twelve-month	73052
period;	73053

(3) Provide skilled nursing care for more than one hundred	73054
twenty days in a twelve-month period to a resident when the	73055
requirements of division (D) of this section are met.	73056

A residential care facility may not admit or retain an	73057
individual requiring skilled nursing care that is not authorized	73058
by this section. A residential care facility may not provide	73059
skilled nursing care beyond the limits established by this	73060
section.	73061

(B)(1) A residential care facility may admit or retain an	73062
individual requiring medication, including biologicals, only if	73063
the individual's personal physician has determined in writing that	73064
the individual is capable of self-administering the medication or	73065
the facility provides for the medication to be administered to the	73066
individual by a home health agency certified under Title XVIII of	73067
the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C. 1395, as	73068
amended; a hospice care program licensed under Chapter 3712. of	73069
the Revised Code; or a member of the staff of the residential care	73070
facility who is qualified to perform medication administration.	73071
Medication may be administered in a residential care facility only	73072
by the following persons authorized by law to administer	73073
medication:	73074

(a) A registered nurse licensed under Chapter 4723. of the	73075
Revised Code;	73076

(b) A licensed practical nurse licensed under Chapter 4723.	73077
of the Revised Code who holds proof of successful completion of a	73078
course in medication administration approved by the board of	73079
nursing and who administers the medication only at the direction	73080
of a registered nurse or a physician authorized under Chapter	73081
4731. of the Revised Code to practice medicine and surgery or	73082
osteopathic medicine and surgery;	73083

(c) A medication aide certified under Chapter 4723. of the	73084
Revised Code;	73085

(d) A physician authorized under Chapter 4731. of the Revised	73086
Code to practice medicine and surgery or osteopathic medicine and	73087
surgery.	73088

(2) In assisting a resident with self-administration of	73089
medication, any member of the staff of a residential care facility	73090
may do the following:	73091

(a) Remind a resident when to take medication and watch to	73092
ensure that the resident follows the directions on the container;	73093

(b) Assist a resident by taking the medication from the	73094
locked area where it is stored, in accordance with rules adopted	73095
pursuant to section 3721.04 of the Revised Code, and handing it to	73096
the resident. If the resident is physically unable to open the	73097
container, a staff member may open the container for the resident.	73098

(c) Assist a physically impaired but mentally alert resident,	73099
such as a resident with arthritis, cerebral palsy, or Parkinson's	73100
disease, in removing oral or topical medication from containers	73101
and in consuming or applying the medication, upon request by or	73102
with the consent of the resident. If a resident is physically	73103
unable to place a dose of medicine to the resident's mouth without	73104
spilling it, a staff member may place the dose in a container and	73105
place the container to the mouth of the resident.	73106

(C) Except as provided in division (D) of this section, a	73107
residential care facility may admit or retain individuals who	73108
require skilled nursing care beyond the supervision of special	73109
diets, application of dressings, or administration of medication,	73110
only if the care will be provided on a part-time, intermittent	73111
basis for not more than a total of one hundred twenty days in any	73112
twelve-month period. In accordance with Chapter 119. of the	73113
Revised Code, the director of health shall adopt rules specifying	73114
what constitutes the need for skilled nursing care on a part-time,	73115
intermittent basis. The director shall adopt rules that are	73116
consistent with rules pertaining to home health care adopted by	73117
the medicaid director ~~of job and family services~~ for the medicaid	73118
program ~~established under Chapter 5111. of the Revised Code~~.	73119
Skilled nursing care provided pursuant to this division may be	73120
provided by a home health agency certified ~~under Title XVIII of~~	73121
~~the "Social Security Act~~for participation in the medicare	73122
program," a hospice care program licensed under Chapter 3712. of	73123
the Revised Code, or a member of the staff of a residential care	73124
facility who is qualified to perform skilled nursing care.	73125

A residential care facility that provides skilled nursing	73126
care pursuant to this division shall do both of the following:	73127

(1) Evaluate each resident receiving the skilled nursing care	73128
at least once every seven days to determine whether the resident	73129
should be transferred to a nursing home;	73130

(2) Meet the skilled nursing care needs of each resident	73131
receiving the care.	73132

(D)(1) A residential care facility may admit or retain an	73133
individual who requires skilled nursing care for more than one	73134
hundred twenty days in any twelve-month period only if the	73135
facility has entered into a written agreement with each of the	73136
following:	73137

(a) The individual or individual's sponsor;

73138

(b) The individual's personal physician;

73139

(c) Unless the individual's personal physician oversees the	73140
skilled nursing care, the provider of the skilled nursing care;	73141

(d) If the individual is a hospice patient as defined in	73142
section 3712.01 of the Revised Code, a hospice care program	73143
licensed under Chapter 3712. of the Revised Code.	73144

(2) The agreement required by division (D)(1) of this section	73145
shall include all of the following provisions:	73146

(a) That the individual will be provided skilled nursing care	73147
in the facility only if a determination has been made that the	73148
individual's needs can be met at the facility;	73149

(b) That the individual will be retained in the facility only	73150
if periodic redeterminations are made that the individual's needs	73151
are being met at the facility;	73152

(c) That the redeterminations will be made according to a	73153
schedule specified in the agreement;	73154

(d) If the individual is a hospice patient, that the	73155
individual has been given an opportunity to choose the hospice	73156
care program that best meets the individual's needs;	73157

(e) Unless the individual is a hospice patient, that the	73158
individual's personal physician has determined that the skilled	73159
nursing care the individual needs is routine.	73160

(E) Notwithstanding any other provision of this chapter, a	73161
residential care facility in which residents receive skilled	73162
nursing care pursuant to this section is not a nursing home.	73163

Sec. 3721.02. (A) As used in this section, "residential	73164
facility" means a residential facility licensed under section	73165
~~5119.22~~5119.34 of the Revised Code that provides accommodations,	73166
supervision, and personal care services for three to sixteen	73167
unrelated adults.	73168

(B) The director of health shall license homes and establish	73169
procedures to be followed in inspecting and licensing homes. The	73170
director may inspect a home at any time. Each home shall be	73171
inspected by the director at least once prior to the issuance of a	73172
license and at least once every fifteen months thereafter. The	73173
state fire marshal or a township, municipal, or other legally	73174
constituted fire department approved by the marshal shall also	73175
inspect a home prior to issuance of a license, at least once every	73176
fifteen months thereafter, and at any other time requested by the	73177
director. A home does not have to be inspected prior to issuance	73178
of a license by the director, state fire marshal, or a fire	73179
department if ownership of the home is assigned or transferred to	73180
a different person and the home was licensed under this chapter	73181
immediately prior to the assignment or transfer. The director may	73182
enter at any time, for the purposes of investigation, any	73183
institution, residence, facility, or other structure that has been	73184
reported to the director or that the director has reasonable cause	73185
to believe is operating as a nursing home, residential care	73186
facility, or home for the aging without a valid license required	73187
by section 3721.05 of the Revised Code or, in the case of a county	73188
home or district home, is operating despite the revocation of its	73189
residential care facility license. The director may delegate the	73190
director's authority and duties under this chapter to any	73191
division, bureau, agency, or official of the department of health.	73192

(C) A single facility may be licensed both as a nursing home	73193
pursuant to this chapter and as a residential facility pursuant to	73194
section ~~5119.22~~5119.34 of the Revised Code if the director	73195
determines that the part or unit to be licensed as a nursing home	73196
can be maintained separate and discrete from the part or unit to	73197
be licensed as a residential facility.	73198

(D) In determining the number of residents in a home for the	73199
purpose of licensing, the director shall consider all the	73200
individuals for whom the home provides accommodations as one group	73201
unless one of the following is the case:	73202

(1) The home is a home for the aging, in which case all the	73203
individuals in the part or unit licensed as a nursing home shall	73204
be considered as one group, and all the individuals in the part or	73205
unit licensed as a rest home shall be considered as another group.	73206

(2) The home is both a nursing home and a residential	73207
facility. In that case, all the individuals in the part or unit	73208
licensed as a nursing home shall be considered as one group, and	73209
all the individuals in the part or unit licensed as an adult care	73210
facility shall be considered as another group.	73211

(3) The home maintains, in addition to a nursing home or	73212
residential care facility, a separate and discrete part or unit	73213
that provides accommodations to individuals who do not require or	73214
receive skilled nursing care and do not receive personal care	73215
services from the home, in which case the individuals in the	73216
separate and discrete part or unit shall not be considered in	73217
determining the number of residents in the home if the separate	73218
and discrete part or unit is in compliance with the Ohio basic	73219
building code established by the board of building standards under	73220
Chapters 3781. and 3791. of the Revised Code and the home permits	73221
the director, on request, to inspect the separate and discrete	73222
part or unit and speak with the individuals residing there, if	73223
they consent, to determine whether the separate and discrete part	73224
or unit meets the requirements of this division.	73225

(E)(1) The director of health shall charge the following	73226
application fee and annual renewal licensing and inspection fee	73227
for each fifty persons or part thereof of a home's licensed	73228
capacity:	73229

(a) For state fiscal year 2010, two hundred twenty dollars;

73230

(b) For state fiscal year 2011, two hundred seventy dollars;

73231

(c) For each state fiscal year thereafter, three hundred	73232
twenty dollars.	73233

(2) All fees collected by the director for the issuance or	73234
renewal of licenses shall be deposited into the state treasury to	73235
the credit of the general operations fund created in section	73236
3701.83 of the Revised Code for use only in administering and	73237
enforcing this chapter and rules adopted under it.	73238

(F)(1) Except as otherwise provided in this section, the	73239
results of an inspection or investigation of a home that is	73240
conducted under this section, including any statement of	73241
deficiencies and all findings and deficiencies cited in the	73242
statement on the basis of the inspection or investigation, shall	73243
be used solely to determine the home's compliance with this	73244
chapter or another chapter of the Revised Code in any action or	73245
proceeding other than an action commenced under division (I) of	73246
section 3721.17 of the Revised Code. Those results of an	73247
inspection or investigation, that statement of deficiencies, and	73248
the findings and deficiencies cited in that statement shall not be	73249
used in any court or in any action or proceeding that is pending	73250
in any court and are not admissible in evidence in any action or	73251
proceeding unless that action or proceeding is an appeal of an	73252
action by the department of health under this chapter or is an	73253
action by any department or agency of the state to enforce this	73254
chapter or another chapter of the Revised Code.	73255

(2) Nothing in division (E)(1) of this section prohibits the	73256
results of an inspection or investigation conducted under this	73257
section from being used in a criminal investigation or	73258
prosecution.	73259

Sec. 3721.022. (A) As used in this section:

73260

(1) "Nursing facility" has the same meaning as in section	73261
~~5111.20~~5165.01 of the Revised Code.	73262

(2) "Deficiency" and "survey" have the same meanings as in	73263
section ~~5111.35~~5165.60 of the Revised Code.	73264

(3) "Title XIX" and "Title XVIII" have the same meanings as	73265
in section 5165.01 of the Revised Code.	73266

(B) The department of health is hereby designated the state	73267
agency responsible for establishing and maintaining health	73268
standards and serving as the state survey agency for the purposes	73269
of ~~Titles~~Title XVIII and Title XIX ~~of the "Social Security Act,"~~	73270
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~. The department	73271
shall carry out these functions in accordance with the	73272
regulations, guidelines, and procedures issued under ~~Titles~~Title	73273
XVIII and Title XIX by the United States secretary of health and	73274
human services and with sections ~~5111.35~~5165.60 to ~~5111.62~~	73275
5165.89 of the Revised Code. The director of health shall enter	73276
into agreements with regard to these functions with the department	73277
of ~~job and family services~~medicaid and the United States	73278
department of health and human services. The director may also	73279
enter into agreements with the department of ~~job and family~~	73280
~~services~~medicaid under which the department of health is	73281
designated to perform functions under sections ~~5111.35~~5165.60 to	73282
~~5111.62~~5165.89 of the Revised Code.	73283

The director, in accordance with Chapter 119. of the Revised	73284
Code, shall adopt rules necessary to implement the survey and	73285
certification requirements for skilled nursing facilities and	73286
nursing facilities established by the United States secretary of	73287
health and human services under ~~Titles~~Title XVIII and Title XIX	73288
~~of the "Social Security Act,"~~ and the survey requirements	73289
established under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of	73290
the Revised Code. The rules shall include an informal process by	73291
which a facility may obtain up to two reviews of any deficiencies	73292
that have been cited on a statement of deficiencies made by the	73293
department of health under 42 C.F.R. Part 488 and cause the	73294
facility to be in noncompliance as defined in 42 C.F.R. 488.301.	73295
The first review shall be conducted by an employee of the	73296
department who did not participate in and was not otherwise	73297
involved in any way with the survey. A facility that is not	73298
satisfied with the results of a first review may receive a second	73299
review on payment of a fee to the department. The amount of the	73300
fee shall be specified in rules adopted under this section. The	73301
fee shall be deposited into the state treasury to the credit of	73302
the general operations fund created in section 3701.83 of the	73303
Revised Code for use in the implementation of this section. The	73304
second review shall be conducted by either of the following as	73305
selected by the facility: a hearing officer employed by the	73306
department or a hearing officer included on a list the department	73307
shall provide the facility. A final determination that any	73308
deficiency citation is unjustified shall be reflected clearly in	73309
all records relating to the survey.	73310

The director need not adopt as rules any of the regulations,	73311
guidelines, or procedures issued under ~~Titles~~Title XVIII and	73312
Title XIX ~~of the "Social Security Act"~~ by the United States	73313
secretary of health and human services.	73314

Sec. 3721.024. As used in this section, "nursing facility"	73315
has the same meaning as in section ~~5111.20~~5165.01 of the Revised	73316
Code.	73317

The department of health may establish a program of	73318
recognition of nursing facilities that provide the highest quality	73319
care to residents who are medicaid recipients ~~of medical~~	73320
~~assistance under Chapter 5111. of the Revised Code~~. The program	73321
may be funded with public funds appropriated by the general	73322
assembly for the purpose of the program or any funds appropriated	73323
for nursing home licensure.	73324

Sec. 3721.027. (A) As used in this section, "survey" has the	73325
same meaning as in section 5165.60 of the Revised Code.	73326

(B) The department of health shall investigate within ten	73327
working days after referral, in accordance with procedures and	73328
criteria to be established by the department of health and the	73329
department of aging, any unresolved complaint that the office of	73330
the state long-term care ~~ombudsperson~~ombudsman has investigated	73331
and found to be valid and refers to the department of health. This	73332
requirement does not supersede federal requirements for survey	73333
agency complaint investigations.	73334

Sec. 3721.042. The director of health may not deny a nursing	73335
home license to a facility seeking a license under this chapter as	73336
a nursing home on the grounds that the facility does not satisfy a	73337
requirement established in rules adopted under section 3721.04 of	73338
the Revised Code regarding the toilet rooms and dining and	73339
recreational areas of nursing homes if all of the following	73340
requirements are met:	73341

(A) The facility seeks a license under this chapter because	73342
it is a county home or district home being sold under section	73343
5155.31 of the Revised Code to a person who may not operate the	73344
facility without a nursing home license under this chapter.	73345

(B) The requirement would not have applied to the facility	73346
had the facility been a nursing home first licensed under this	73347
chapter before October 20, 2001.	73348

(C) The facility was a nursing facility, as defined in	73349
section ~~5111.20~~5165.01 of the Revised Code, on the date	73350
immediately preceding the date the facility is sold to the person	73351
seeking the license.	73352

Sec. 3721.071. The buildings in which a home is housed shall	73353
be equipped with both an automatic fire extinguishing system and	73354
fire alarm system. Such systems shall conform to standards set	73355
forth in the regulations of the board of building standards and	73356
the state fire marshal.	73357

The time for compliance with the requirements imposed by this	73358
section shall be January 1, 1975, except that the date for	73359
compliance with the automatic fire extinguishing requirements is	73360
extended to January 1, 1976, provided the buildings of the home	73361
are otherwise in compliance with fire safety laws and regulations	73362
and:	73363

(A) The home within thirty days after August 4, 1975, files a	73364
written plan with the state fire marshal's office that:	73365

(1) Outlines the interim safety procedures which shall be	73366
carried out to reduce the possibility of a fire;	73367

(2) Provides evidence that the home has entered into an	73368
agreement for a fire safety inspection to be conducted not less	73369
than monthly by a qualified independent safety engineer consultant	73370
or a township, municipal, or other legally constituted fire	73371
department, or by a township or municipal fire prevention officer;	73372

(3) Provides verification that the home has entered into a	73373
valid contract for the installation of an automatic fire	73374
extinguishing system or fire alarm system, or both, as required to	73375
comply with this section;	73376

(4) Includes a statement regarding the expected date for the	73377
completion of the fire extinguishing system or fire alarm system,	73378
or both.	73379

(B) Inspections by a qualified independent safety engineer	73380
consultant or a township, municipal, or other legally constituted	73381
fire department, or by a township or municipal fire prevention	73382
officer are initiated no later than sixty days after August 4,	73383
1975, and are conducted no less than monthly thereafter, and	73384
reports of the consultant, fire department, or fire prevention	73385
officer identifying existing hazards and recommended corrective	73386
actions are submitted to the state fire marshal, the division of	73387
industrial compliance in the department of commerce, and the	73388
department of health.	73389

It is the express intent of the general assembly that the	73390
department of ~~job and family services~~medicaid shall terminate	73391
~~payments under Title XIX of the "Social Security Act," 49 Stat.~~	73392
~~620 (1935), 42 U.S.C. 301, as amended, to~~the medicaid provider	73393
agreements of those homes ~~which~~that do not comply with the	73394
requirements of this section for the submission of a written fire	73395
safety plan and the deadline for entering into contracts for the	73396
installation of systems.	73397

Sec. 3721.072. (A) As used in this section:

73398

(1) "Advance care planning" means providing an opportunity to	73399
discuss the goals that may be met through the care provided by a	73400
nursing home.	73401

(2) "Overhead paging" means sending audible announcements	73402
through an electronic sound amplification and distribution system	73403
throughout part or all of a nursing home to staff, residents,	73404
residents' families, or others.	73405

(B) Beginning July 1, 2013, each nursing home shall	73406
participate every two years in at least one of the quality	73407
improvement projects included on the list made available by the	73408
department of aging under the nursing home quality initiative	73409
established under section 173.60 of the Revised Code.	73410

(C) Beginning July 1, 2015, each nursing home shall	73411
participate in advance care planning with each resident or the	73412
resident's sponsor if the resident is unable to participate. For	73413
each resident, the advance care planning shall be provided on	73414
admission to the nursing home or, in the case of an individual	73415
residing in a nursing home on July 1, 2015, as soon as	73416
practicable. Thereafter, for each resident, the advance care	73417
planning shall be provided quarterly each year.	73418

(D) Beginning July 1, 2015, each nursing home shall prohibit	73419
the use of overhead paging within the nursing home, except that	73420
the nursing home may permit the use of overhead paging for matters	73421
of urgent public safety or urgent clinical operations. The nursing	73422
home shall develop a written policy regarding its use of overhead	73423
paging and make the policy available to staff, residents, and	73424
residents' families.	73425

Sec. 3721.08. (A) As used in this section, "real and present	73426
danger" means imminent danger of serious physical or	73427
life-threatening harm to one or more occupants of a home.	73428

(B) The director of health may petition the court of common	73429
pleas of the county in which the home is located for an order	73430
enjoining any person from operating a home without a license or	73431
enjoining a county home or district home that has had its license	73432
revoked from continuing to operate. The court shall have	73433
jurisdiction to grant such injunctive relief upon a showing that	73434
the respondent named in the petition is operating a home without a	73435
license or that the county home or district home named in the	73436
petition is operating despite the revocation of its license. The	73437
court shall have jurisdiction to grant such injunctive relief	73438
against the operation of a home without a valid license regardless	73439
of whether the home meets essential licensing requirements.	73440

(C) Unless the department of ~~job and family services~~medicaid	73441
or contracting agency has taken action under section ~~5111.51~~	73442
5165.77 of the Revised Code to appoint a temporary manager or seek	73443
injunctive relief, if, in the judgment of the director of health,	73444
real and present danger exists at any home, the director may	73445
petition the court of common pleas of the county in which the home	73446
is located for such injunctive relief as is necessary to close the	73447
home, transfer one or more occupants to other homes or other	73448
appropriate care settings, or otherwise eliminate the real and	73449
present danger. The court shall have the jurisdiction to grant	73450
such injunctive relief upon a showing that there is real and	73451
present danger.	73452

(D)(1) If the director determines that real and present	73453
danger exists at a home and elects not to immediately seek	73454
injunctive relief under division (C) of this section, the director	73455
may give written notice of proposed action to the home. The notice	73456
shall specify all of the following:	73457

(a) The nature of the conditions giving rise to the real and	73458
present danger;	73459

(b) The measures that the director determines the home must	73460
take to respond to the conditions;	73461

(c) The date on which the director intends to seek injunctive	73462
relief under division (C) of this section if the director	73463
determines that real and present danger exists at the home.	73464

(2) If the home notifies the director, within the time	73465
specified pursuant to division (D)(1)(c) of this section, that it	73466
believes the conditions giving rise to the real and present danger	73467
have been substantially corrected, the director shall conduct an	73468
inspection to determine whether real and present danger exists. If	73469
the director determines on the basis of the inspection that real	73470
and present danger exists, the director may petition under	73471
division (C) of this section for injunctive relief.	73472

(E)(1) If in the judgment of the director of health	73473
conditions exist at a home that will give rise to real and present	73474
danger if not corrected, the director shall give written notice of	73475
proposed action to the home. The notice shall specify all of the	73476
following:	73477

(a) The nature of the conditions giving rise to the	73478
director's judgment;	73479

(b) The measures that the director determines the home must	73480
take to respond to the conditions;	73481

(c) The date, which shall be no less than ten days after the	73482
notice is delivered, on which the director intends to seek	73483
injunctive relief under division (C) of this section if the	73484
conditions are not substantially corrected and the director	73485
determines that a real and present danger exists.	73486

(2) If the home notifies the director, within the period of	73487
time specified pursuant to division (E)(1)(c) of this section,	73488
that the conditions giving rise to the director's determination	73489
have been substantially corrected, the director shall conduct an	73490
inspection. If the director determines on the basis of the	73491
inspection that the conditions have not been corrected and a real	73492
and present danger exists, the director may petition under	73493
division (C) of this section for injunctive relief.	73494

(F)(1) A court that grants injunctive relief under division	73495
(C) of this section may also appoint a special master who, subject	73496
to division (F)(2) of this section, shall have such powers and	73497
authority over the home and length of appointment as the court	73498
considers necessary. Subject to division (F)(2) of this section,	73499
the salary of a special master and any costs incurred by a special	73500
master shall be the obligation of the home.	73501

(2) No special master shall enter into any employment	73502
contract on behalf of a home, or purchase with the home's funds	73503
any capital goods totaling more than ten thousand dollars, unless	73504
the special master has obtained approval for the contract or	73505
purchase from the home's operator or the court.	73506

(G) If the director takes action under division (C), (D), or	73507
(E) of this section, the director may also appoint employees of	73508
the department of health to conduct on-site monitoring of the	73509
home. Appointment of monitors is not subject to appeal under	73510
Chapter 119. or any other section of the Revised Code. No employee	73511
of a home for which monitors are appointed, no person employed by	73512
the home within the previous two years, and no person who	73513
currently has a consulting contract with the department or a home,	73514
shall be appointed under this division. Every monitor shall have	73515
the professional qualifications necessary to monitor correction of	73516
the conditions that give rise to or, in the director's judgment,	73517
will give rise to real and present danger. The number of monitors	73518
present at a home at any given time shall not exceed one for every	73519
fifty residents, or fraction thereof.	73520

(H) On finding that the real and present danger for which	73521
injunctive relief was granted under division (C) of this section	73522
has been eliminated and that the home's operator has demonstrated	73523
the capacity to prevent the real and present danger from	73524
recurring, the court shall terminate its jurisdiction over the	73525
home and return control and management of the home to the	73526
operator. If the real and present danger cannot be eliminated	73527
practicably within a reasonable time following appointment of a	73528
special master, the court may order the special master to close	73529
the home and transfer all residents to other homes or other	73530
appropriate care settings.	73531

(I) The director of health shall give notice of proposed	73532
action under divisions (D) and (E) of this section to both of the	73533
following:	73534

(1) The home's administrator;

73535

(2) If the home is operated by an organization described in	73536
subsection 501(c)(3) and tax exempt under subsection 501(a) of the	73537
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	73538
amended, the board of trustees of the organization; or, if the	73539
home is not operated by such an organization, the owner of the	73540
home.	73541

Notices shall be delivered by certified mail or hand	73542
delivery. If notices are mailed, they shall be addressed to the	73543
persons specified in divisions (I)(1) and (2) of this section, as	73544
indicated in the department of health's records. If they are hand	73545
delivered, they shall be delivered to persons who would reasonably	73546
appear to the average prudent person to have authority to accept	73547
them.	73548

(J) If ownership of a home is assigned or transferred to a	73549
different person, the new owner is responsible and liable for	73550
compliance with any notice of proposed action or order issued	73551
under this section prior to the effective date of the assignment	73552
or transfer.	73553

Sec. 3721.10. As used in sections 3721.10 to 3721.18 of the	73554
Revised Code:	73555

(A) "Home" means all of the following:

73556

(1) A home as defined in section 3721.01 of the Revised Code;

73557

(2) Any facility or part of a facility not defined as a home	73558
under section 3721.01 of the Revised Code that is ~~certified as~~ a	73559
skilled nursing facility ~~under Title XVIII of the "Social Security~~	73560
~~Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395 and 1396, as amended,~~	73561
~~or as a~~or nursing facility, both as defined in section ~~5111.20~~	73562
5165.01 of the Revised Code;	73563

(3) A county home or district home operated pursuant to	73564
Chapter 5155. of the Revised Code.	73565

(B) "Resident" means a resident or a patient of a home.

73566

73567

(1) With respect to a home as defined in section 3721.01 of	73568
the Revised Code, a nursing home administrator as defined in	73569
section 4751.01 of the Revised Code;	73570

(2) With respect to a facility or part of a facility not	73571
defined as a home in section 3721.01 of the Revised Code that is	73572
authorized to provide skilled nursing facility or nursing facility	73573
services, the administrator of the facility or part of a facility;	73574

(3) With respect to a county home or district home, the	73575
superintendent appointed under Chapter 5155. of the Revised Code.	73576

(D) "Sponsor" means an adult relative, friend, or guardian of	73577
a resident who has an interest or responsibility in the resident's	73578
welfare.	73579

(E) "Residents' rights advocate" means:

73580

(1) An employee or representative of any state or local	73581
government entity that has a responsibility regarding residents	73582
and that has registered with the department of health under	73583
division (B) of section 3701.07 of the Revised Code;	73584

(2) An employee or representative of any private nonprofit	73585
corporation or association that qualifies for tax-exempt status	73586
under section 501(a) of the "Internal Revenue Code of 1986," 100	73587
Stat. 2085, 26 U.S.C.A. 1, as amended, and that has registered	73588
with the department of health under division (B) of section	73589
3701.07 of the Revised Code and whose purposes include educating	73590
and counseling residents, assisting residents in resolving	73591
problems and complaints concerning their care and treatment, and	73592
assisting them in securing adequate services to meet their needs;	73593

(3) A member of the general assembly.

73594

(F) "Physical restraint" means, but is not limited to, any	73595
article, device, or garment that interferes with the free movement	73596
of the resident and that the resident is unable to remove easily,	73597
a geriatric chair, or a locked room door.	73598

(G) "Chemical restraint" means any medication bearing the	73599
American hospital formulary service therapeutic class ~~4.00~~4:00,	73600
28:16:08, 28:24:08, or 28:24:92 that alters the functioning of the	73601
central nervous system in a manner that limits physical and	73602
cognitive functioning to the degree that the resident cannot	73603
attain the resident's highest practicable physical, mental, and	73604
psychosocial well-being.	73605

(H) "Ancillary service" means, but is not limited to,	73606
podiatry, dental, hearing, vision, physical therapy, occupational	73607
therapy, speech therapy, and psychological and social services.	73608

(I) "Facility" means a facility, or part of a facility,	73609
certified as a nursing facility or skilled nursing facility ~~under~~	73610
~~Title XVIII or Title XIX of the "Social Security Act~~, both as	73611
defined in section 5165.01 of the Revised Code." "Facility" does	73612
not include an intermediate care facility for ~~the mentally~~	73613
~~retarded~~individuals with intellectual disabilities, as defined in	73614
section ~~5111.20~~5124.01 of the Revised Code.	73615

~~(J) "Medicare" means the program established by Title XVIII~~	73616
~~of the "Social Security Act."~~	73617

~~(K) "Medicaid" means the program established by Title XIX of~~	73618
~~the "Social Security Act" and Chapter 5111. of the Revised Code.~~	73619

Sec. 3721.12. (A) The administrator of a home shall:

73620

(1) With the advice of residents, their sponsors, or both,	73621
establish and review at least annually, written policies regarding	73622
the applicability and implementation of residents' rights under	73623
sections 3721.10 to 3721.17 of the Revised Code, the	73624
responsibilities of residents regarding the rights, and the home's	73625
grievance procedure established under division (A)(2) of this	73626
section. The administrator is responsible for the development of,	73627
and adherence to, procedures implementing the policies.	73628

(2) Establish a grievance committee for review of complaints	73629
by residents. The grievance committee shall be comprised of the	73630
home's staff and residents, sponsors, or outside representatives	73631
in a ratio of not more than one staff member to every two	73632
residents, sponsors, or outside representatives.	73633

(3) Furnish to each resident and sponsor prior to or at the	73634
time of admission, and to each member of the home's staff, at	73635
least one of each of the following:	73636

(a) A copy of the rights established under sections 3721.10	73637
to 3721.17 of the Revised Code;	73638

(b) A written explanation of the provisions of sections	73639
3721.16 to 3721.162 of the Revised Code;	73640

(c) A copy of the home's policies and procedures established	73641
under this section;	73642

(d) A copy of the home's rules;

73643

(e) A copy of the addresses and telephone numbers of the	73644
board of health of the health district of the county in which the	73645
home is located, the county department of job and family services	73646
of the county in which the home is located, the state departments	73647
of health and ~~job and family services~~medicaid, the state and	73648
local offices of the department of aging, and any Ohio nursing	73649
home ~~ombudsperson~~ombudsman program.	73650

(B) Written acknowledgment of the receipt of copies of the	73651
materials listed in this section shall be made part of the	73652
resident's record and the staff member's personnel record.	73653

(C) The administrator shall post all of the following	73654
prominently within the home:	73655

(1) A copy of the rights of residents as listed in division	73656
(A) of section 3721.13 of the Revised Code;	73657

(2) A copy of the home's rules and its policies and	73658
procedures regarding the rights and responsibilities of residents;	73659

(3) A notice that a copy of this chapter, rules of the	73660
department of health applicable to the home, and federal	73661
regulations adopted under the medicare and medicaid programs, and	73662
the materials required to be available in the home under section	73663
3721.021 of the Revised Code, are available for inspection in the	73664
home at reasonable hours;	73665

(4) A list of residents' rights advocates;

73666

(5) A notice that the following are available in a place	73667
readily accessible to residents:	73668

(a) If the home is licensed under section 3721.02 of the	73669
Revised Code, a copy of the most recent licensure inspection	73670
report prepared for the home under that section;	73671

(b) If the home is a facility, a copy of the most recent	73672
statement of deficiencies issued to the home under section ~~5111.42~~	73673
5165.68 of the Revised Code.	73674

(D) The administrator of a home may, with the advice of	73675
residents, their sponsors, or both, establish written policies	73676
regarding the applicability and administration of any additional	73677
residents' rights beyond those set forth in sections 3721.10 to	73678
3721.17 of the Revised Code, and the responsibilities of residents	73679
regarding the rights. Policies established under this division	73680
shall be reviewed, and procedures developed and adhered to as in	73681
division (A)(1) of this section.	73682

Sec. 3721.121. (A) As used in this section:

73683

(1) "Adult day-care program" means a program operated	73684
pursuant to rules adopted by the director of health under section	73685
3721.04 of the Revised Code and provided by and on the same site	73686
as homes licensed under this chapter.	73687

(2) "Applicant" means a person who is under final	73688
consideration for employment with a home or adult day-care program	73689
in a full-time, part-time, or temporary position that involves	73690
providing direct care to an older adult. "Applicant" does not	73691
include a person who provides direct care as a volunteer without	73692
receiving or expecting to receive any form of remuneration other	73693
than reimbursement for actual expenses.	73694

(3) "Community-based long-term care services provider" means	73695
a provider as defined in section 173.39 of the Revised Code.	73696

(4) "Criminal records check" has the same meaning as in	73697
section 109.572 of the Revised Code.	73698

~~(4)~~(5) "Home" means a home as defined in section 3721.10 of	73699
the Revised Code.	73700

~~(5)~~(6) "Older adult" means a person age sixty or older.

73701

(B)(1) Except as provided in division (I) of this section,	73702
the chief administrator of a home or adult day-care program shall	73703
request that the superintendent of the bureau of criminal	73704
identification and investigation conduct a criminal records check	73705
of each applicant. If an applicant for whom a criminal records	73706
check request is required under this division does not present	73707
proof of having been a resident of this state for the five-year	73708
period immediately prior to the date the criminal records check is	73709
requested or provide evidence that within that five-year period	73710
the superintendent has requested information about the applicant	73711
from the federal bureau of investigation in a criminal records	73712
check, the chief administrator shall request that the	73713
superintendent obtain information from the federal bureau of	73714
investigation as part of the criminal records check of the	73715
applicant. Even if an applicant for whom a criminal records check	73716
request is required under this division presents proof of having	73717
been a resident of this state for the five-year period, the chief	73718
administrator may request that the superintendent include	73719
information from the federal bureau of investigation in the	73720
criminal records check.	73721

(2) A person required by division (B)(1) of this section to	73722
request a criminal records check shall do both of the following:	73723

(a) Provide to each applicant for whom a criminal records	73724
check request is required under that division a copy of the form	73725
prescribed pursuant to division (C)(1) of section 109.572 of the	73726
Revised Code and a standard fingerprint impression sheet	73727
prescribed pursuant to division (C)(2) of that section, and obtain	73728
the completed form and impression sheet from the applicant;	73729

(b) Forward the completed form and impression sheet to the	73730
superintendent of the bureau of criminal identification and	73731
investigation.	73732

(3) An applicant provided the form and fingerprint impression	73733
sheet under division (B)(2)(a) of this section who fails to	73734
complete the form or provide fingerprint impressions shall not be	73735
employed in any position for which a criminal records check is	73736
required by this section.	73737

(C)(1) Except as provided in rules adopted by the director of	73738
health in accordance with division (F) of this section and subject	73739
to division (C)(2) of this section, no home or adult day-care	73740
program shall employ a person in a position that involves	73741
providing direct care to an older adult if the person has been	73742
convicted of or pleaded guilty to any of the following:	73743

(a) A violation of section 2903.01, 2903.02, 2903.03,	73744
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	73745
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	73746
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	73747
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	73748
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	73749
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	73750
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	73751
2925.22, 2925.23, or 3716.11 of the Revised Code.	73752

(b) A violation of an existing or former law of this state,	73753
any other state, or the United States that is substantially	73754
equivalent to any of the offenses listed in division (C)(1)(a) of	73755
this section.	73756

(2)(a) A home or an adult day-care program may employ	73757
conditionally an applicant for whom a criminal records check	73758
request is required under division (B) of this section prior to	73759
obtaining the results of a criminal records check regarding the	73760
individual, provided that the home or program shall request a	73761
criminal records check regarding the individual in accordance with	73762
division (B)(1) of this section not later than five business days	73763
after the individual begins conditional employment. In the	73764
circumstances described in division (I)(2) of this section, a home	73765
or adult day-care program may employ conditionally an applicant	73766
who has been referred to the home or adult day-care program by an	73767
employment service that supplies full-time, part-time, or	73768
temporary staff for positions involving the direct care of older	73769
adults and for whom, pursuant to that division, a criminal records	73770
check is not required under division (B) of this section.	73771

(b) A home or adult day-care program that employs an	73772
individual conditionally under authority of division (C)(2)(a) of	73773
this section shall terminate the individual's employment if the	73774
results of the criminal records check requested under division (B)	73775
of this section or described in division (I)(2) of this section,	73776
other than the results of any request for information from the	73777
federal bureau of investigation, are not obtained within the	73778
period ending thirty days after the date the request is made.	73779
Regardless of when the results of the criminal records check are	73780
obtained, if the results indicate that the individual has been	73781
convicted of or pleaded guilty to any of the offenses listed or	73782
described in division (C)(1) of this section, the home or program	73783
shall terminate the individual's employment unless the home or	73784
program chooses to employ the individual pursuant to division (F)	73785
of this section. Termination of employment under this division	73786
shall be considered just cause for discharge for purposes of	73787
division (D)(2) of section 4141.29 of the Revised Code if the	73788
individual makes any attempt to deceive the home or program about	73789
the individual's criminal record.	73790

(D)(1) Each home or adult day-care program shall pay to the	73791
bureau of criminal identification and investigation the fee	73792
prescribed pursuant to division (C)(3) of section 109.572 of the	73793
Revised Code for each criminal records check conducted pursuant to	73794
a request made under division (B) of this section.	73795

(2) A home or adult day-care program may charge an applicant	73796
a fee not exceeding the amount the home or program pays under	73797
division (D)(1) of this section. A home or program may collect a	73798
fee only if both of the following apply:	73799

(a) The home or program notifies the person at the time of	73800
initial application for employment of the amount of the fee and	73801
that, unless the fee is paid, the person will not be considered	73802
for employment;	73803

(b) The ~~medical assistance~~medicaid program ~~established under~~	73804
~~Chapter 5111. of the Revised Code~~ does not reimburse the home or	73805
program the fee it pays under division (D)(1) of this section.	73806

(E) The report of any criminal records check conducted	73807
pursuant to a request made under this section is not a public	73808
record for the purposes of section 149.43 of the Revised Code and	73809
shall not be made available to any person other than the	73810
following:	73811

(1) The individual who is the subject of the criminal records	73812
check or the individual's representative;	73813

(2) The chief administrator of the home or program requesting	73814
the criminal records check or the administrator's representative;	73815

(3) The administrator of any other facility, agency, or	73816
program that provides direct care to older adults that is owned or	73817
operated by the same entity that owns or operates the home or	73818
program;	73819

(4) A court, hearing officer, or other necessary individual	73820
involved in a case dealing with a denial of employment of the	73821
applicant or dealing with employment or unemployment benefits of	73822
the applicant;	73823

(5) Any person to whom the report is provided pursuant to,	73824
and in accordance with, division (I)(1) or (2) of this section;	73825

(6) The board of nursing for purposes of accepting and	73826
processing an application for a medication aide certificate issued	73827
under Chapter 4723. of the Revised Code;	73828

(7) The director of aging or the director's designee if the	73829
criminal records check is requested by the chief administrator of	73830
a home that is also a community-based long-term care services	73831
provider.	73832

(F) In accordance with section 3721.11 of the Revised Code,	73833
the director of health shall adopt rules to implement this	73834
section. The rules shall specify circumstances under which a home	73835
or adult day-care program may employ a person who has been	73836
convicted of or pleaded guilty to an offense listed or described	73837
in division (C)(1) of this section but meets personal character	73838
standards set by the director.	73839

(G) The chief administrator of a home or adult day-care	73840
program shall inform each individual, at the time of initial	73841
application for a position that involves providing direct care to	73842
an older adult, that the individual is required to provide a set	73843
of fingerprint impressions and that a criminal records check is	73844
required to be conducted if the individual comes under final	73845
consideration for employment.	73846

(H) In a tort or other civil action for damages that is	73847
brought as the result of an injury, death, or loss to person or	73848
property caused by an individual who a home or adult day-care	73849
program employs in a position that involves providing direct care	73850
to older adults, all of the following shall apply:	73851

(1) If the home or program employed the individual in good	73852
faith and reasonable reliance on the report of a criminal records	73853
check requested under this section, the home or program shall not	73854
be found negligent solely because of its reliance on the report,	73855
even if the information in the report is determined later to have	73856
been incomplete or inaccurate;	73857

(2) If the home or program employed the individual in good	73858
faith on a conditional basis pursuant to division (C)(2) of this	73859
section, the home or program shall not be found negligent solely	73860
because it employed the individual prior to receiving the report	73861
of a criminal records check requested under this section;	73862

(3) If the home or program in good faith employed the	73863
individual according to the personal character standards	73864
established in rules adopted under division (F) of this section,	73865
the home or program shall not be found negligent solely because	73866
the individual prior to being employed had been convicted of or	73867
pleaded guilty to an offense listed or described in division	73868
(C)(1) of this section.	73869

(I)(1) The chief administrator of a home or adult day-care	73870
program is not required to request that the superintendent of the	73871
bureau of criminal identification and investigation conduct a	73872
criminal records check of an applicant if the applicant has been	73873
referred to the home or program by an employment service that	73874
supplies full-time, part-time, or temporary staff for positions	73875
involving the direct care of older adults and both of the	73876
following apply:	73877

(a) The chief administrator receives from the employment	73878
service or the applicant a report of the results of a criminal	73879
records check regarding the applicant that has been conducted by	73880
the superintendent within the one-year period immediately	73881
preceding the applicant's referral;	73882

(b) The report of the criminal records check demonstrates	73883
that the person has not been convicted of or pleaded guilty to an	73884
offense listed or described in division (C)(1) of this section, or	73885
the report demonstrates that the person has been convicted of or	73886
pleaded guilty to one or more of those offenses, but the home or	73887
adult day-care program chooses to employ the individual pursuant	73888
to division (F) of this section.	73889

(2) The chief administrator of a home or adult day-care	73890
program is not required to request that the superintendent of the	73891
bureau of criminal identification and investigation conduct a	73892
criminal records check of an applicant and may employ the	73893
applicant conditionally as described in this division, if the	73894
applicant has been referred to the home or program by an	73895
employment service that supplies full-time, part-time, or	73896
temporary staff for positions involving the direct care of older	73897
adults and if the chief administrator receives from the employment	73898
service or the applicant a letter from the employment service that	73899
is on the letterhead of the employment service, dated, and signed	73900
by a supervisor or another designated official of the employment	73901
service and that states that the employment service has requested	73902
the superintendent to conduct a criminal records check regarding	73903
the applicant, that the requested criminal records check will	73904
include a determination of whether the applicant has been	73905
convicted of or pleaded guilty to any offense listed or described	73906
in division (C)(1) of this section, that, as of the date set forth	73907
on the letter, the employment service had not received the results	73908
of the criminal records check, and that, when the employment	73909
service receives the results of the criminal records check, it	73910
promptly will send a copy of the results to the home or adult	73911
day-care program. If a home or adult day-care program employs an	73912
applicant conditionally in accordance with this division, the	73913
employment service, upon its receipt of the results of the	73914
criminal records check, promptly shall send a copy of the results	73915
to the home or adult day-care program, and division (C)(2)(b) of	73916
this section applies regarding the conditional employment.	73917

Sec. 3721.13. (A) The rights of residents of a home shall	73918
include, but are not limited to, the following:	73919

(1) The right to a safe and clean living environment pursuant	73920
to the medicare and medicaid programs and applicable state laws	73921
and rules adopted by the director of health;	73922

(2) The right to be free from physical, verbal, mental, and	73923
emotional abuse and to be treated at all times with courtesy,	73924
respect, and full recognition of dignity and individuality;	73925

(3) Upon admission and thereafter, the right to adequate and	73926
appropriate medical treatment and nursing care and to other	73927
ancillary services that comprise necessary and appropriate care	73928
consistent with the program for which the resident contracted.	73929
This care shall be provided without regard to considerations such	73930
as race, color, religion, national origin, age, or source of	73931
payment for care.	73932

(4) The right to have all reasonable requests and inquiries	73933
responded to promptly;	73934

(5) The right to have clothes and bed sheets changed as the	73935
need arises, to ensure the resident's comfort or sanitation;	73936

(6) The right to obtain from the home, upon request, the name	73937
and any specialty of any physician or other person responsible for	73938
the resident's care or for the coordination of care;	73939

(7) The right, upon request, to be assigned, within the	73940
capacity of the home to make the assignment, to the staff	73941
physician of the resident's choice, and the right, in accordance	73942
with the rules and written policies and procedures of the home, to	73943
select as the attending physician a physician who is not on the	73944
staff of the home. If the cost of a physician's services is to be	73945
met under a federally supported program, the physician shall meet	73946
the federal laws and regulations governing such services.	73947

(8) The right to participate in decisions that affect the	73948
resident's life, including the right to communicate with the	73949
physician and employees of the home in planning the resident's	73950
treatment or care and to obtain from the attending physician	73951
complete and current information concerning medical condition,	73952
prognosis, and treatment plan, in terms the resident can	73953
reasonably be expected to understand; the right of access to all	73954
information in the resident's medical record; and the right to	73955
give or withhold informed consent for treatment after the	73956
consequences of that choice have been carefully explained. When	73957
the attending physician finds that it is not medically advisable	73958
to give the information to the resident, the information shall be	73959
made available to the resident's sponsor on the resident's behalf,	73960
if the sponsor has a legal interest or is authorized by the	73961
resident to receive the information. The home is not liable for a	73962
violation of this division if the violation is found to be the	73963
result of an act or omission on the part of a physician selected	73964
by the resident who is not otherwise affiliated with the home.	73965

(9) The right to withhold payment for physician visitation if	73966
the physician did not visit the resident;	73967

(10) The right to confidential treatment of personal and	73968
medical records, and the right to approve or refuse the release of	73969
these records to any individual outside the home, except in case	73970
of transfer to another home, hospital, or health care system, as	73971
required by law or rule, or as required by a third-party payment	73972
contract;	73973

(11) The right to privacy during medical examination or	73974
treatment and in the care of personal or bodily needs;	73975

(12) The right to refuse, without jeopardizing access to	73976
appropriate medical care, to serve as a medical research subject;	73977

(13) The right to be free from physical or chemical	73978
restraints or prolonged isolation except to the minimum extent	73979
necessary to protect the resident from injury to self, others, or	73980
to property and except as authorized in writing by the attending	73981
physician for a specified and limited period of time and	73982
documented in the resident's medical record. Prior to authorizing	73983
the use of a physical or chemical restraint on any resident, the	73984
attending physician shall make a personal examination of the	73985
resident and an individualized determination of the need to use	73986
the restraint on that resident.	73987

Physical or chemical restraints or isolation may be used in	73988
an emergency situation without authorization of the attending	73989
physician only to protect the resident from injury to self or	73990
others. Use of the physical or chemical restraints or isolation	73991
shall not be continued for more than twelve hours after the onset	73992
of the emergency without personal examination and authorization by	73993
the attending physician. The attending physician or a staff	73994
physician may authorize continued use of physical or chemical	73995
restraints for a period not to exceed thirty days, and at the end	73996
of this period and any subsequent period may extend the	73997
authorization for an additional period of not more than thirty	73998
days. The use of physical or chemical restraints shall not be	73999
continued without a personal examination of the resident and the	74000
written authorization of the attending physician stating the	74001
reasons for continuing the restraint.	74002

If physical or chemical restraints are used under this	74003
division, the home shall ensure that the restrained resident	74004
receives a proper diet. In no event shall physical or chemical	74005
restraints or isolation be used for punishment, incentive, or	74006
convenience.	74007

(14) The right to the pharmacist of the resident's choice and	74008
the right to receive pharmaceutical supplies and services at	74009
reasonable prices not exceeding applicable and normally accepted	74010
prices for comparably packaged pharmaceutical supplies and	74011
services within the community;	74012

(15) The right to exercise all civil rights, unless the	74013
resident has been adjudicated incompetent pursuant to Chapter	74014
2111. of the Revised Code and has not been restored to legal	74015
capacity, as well as the right to the cooperation of the home's	74016
administrator in making arrangements for the exercise of the right	74017
to vote;	74018

(16) The right of access to opportunities that enable the	74019
resident, at the resident's own expense or at the expense of a	74020
third-party payer, to achieve the resident's fullest potential,	74021
including educational, vocational, social, recreational, and	74022
habilitation programs;	74023

(17) The right to consume a reasonable amount of alcoholic	74024
beverages at the resident's own expense, unless not medically	74025
advisable as documented in the resident's medical record by the	74026
attending physician or unless contradictory to written admission	74027
policies;	74028

(18) The right to use tobacco at the resident's own expense	74029
under the home's safety rules and under applicable laws and rules	74030
of the state, unless not medically advisable as documented in the	74031
resident's medical record by the attending physician or unless	74032
contradictory to written admission policies;	74033

(19) The right to retire and rise in accordance with the	74034
resident's reasonable requests, if the resident does not disturb	74035
others or the posted meal schedules and upon the home's request	74036
remains in a supervised area, unless not medically advisable as	74037
documented by the attending physician;	74038

(20) The right to observe religious obligations and	74039
participate in religious activities; the right to maintain	74040
individual and cultural identity; and the right to meet with and	74041
participate in activities of social and community groups at the	74042
resident's or the group's initiative;	74043

(21) The right upon reasonable request to private and	74044
unrestricted communications with the resident's family, social	74045
worker, and any other person, unless not medically advisable as	74046
documented in the resident's medical record by the attending	74047
physician, except that communications with public officials or	74048
with the resident's attorney or physician shall not be restricted.	74049
Private and unrestricted communications shall include, but are not	74050
limited to, the right to:	74051

(a) Receive, send, and mail sealed, unopened correspondence;

74052

(b) Reasonable access to a telephone for private	74053
communications;	74054

74055

(22) The right to assured privacy for visits by the spouse,	74056
or if both are residents of the same home, the right to share a	74057
room within the capacity of the home, unless not medically	74058
advisable as documented in the resident's medical record by the	74059
attending physician;	74060

(23) The right upon reasonable request to have room doors	74061
closed and to have them not opened without knocking, except in the	74062
case of an emergency or unless not medically advisable as	74063
documented in the resident's medical record by the attending	74064
physician;	74065

(24) The right to retain and use personal clothing and a	74066
reasonable amount of possessions, in a reasonably secure manner,	74067
unless to do so would infringe on the rights of other residents or	74068
would not be medically advisable as documented in the resident's	74069
medical record by the attending physician;	74070

(25) The right to be fully informed, prior to or at the time	74071
of admission and during the resident's stay, in writing, of the	74072
basic rate charged by the home, of services available in the home,	74073
and of any additional charges related to such services, including	74074
charges for services not covered under the medicare or medicaid	74075
program. The basic rate shall not be changed unless thirty days'	74076
notice is given to the resident or, if the resident is unable to	74077
understand this information, to the resident's sponsor.	74078

(26) The right of the resident and person paying for the care	74079
to examine and receive a bill at least monthly for the resident's	74080
care from the home that itemizes charges not included in the basic	74081
rates;	74082

(27)(a) The right to be free from financial exploitation;

74083

(b) The right to manage the resident's own personal financial	74084
affairs, or, if the resident has delegated this responsibility in	74085
writing to the home, to receive upon written request at least a	74086
quarterly accounting statement of financial transactions made on	74087
the resident's behalf. The statement shall include:	74088

(i) A complete record of all funds, personal property, or	74089
possessions of a resident from any source whatsoever, that have	74090
been deposited for safekeeping with the home for use by the	74091
resident or the resident's sponsor;	74092

(ii) A listing of all deposits and withdrawals transacted,	74093
which shall be substantiated by receipts which shall be available	74094
for inspection and copying by the resident or sponsor.	74095

(28) The right of the resident to be allowed unrestricted	74096
access to the resident's property on deposit at reasonable hours,	74097
unless requests for access to property on deposit are so	74098
persistent, continuous, and unreasonable that they constitute a	74099
nuisance;	74100

(29) The right to receive reasonable notice before the	74101
resident's room or roommate is changed, including an explanation	74102
of the reason for either change.	74103

(30) The right not to be transferred or discharged from the	74104
home unless the transfer is necessary because of one of the	74105
following:	74106

(a) The welfare and needs of the resident cannot be met in	74107
the home.	74108

(b) The resident's health has improved sufficiently so that	74109
the resident no longer needs the services provided by the home.	74110

74111

(d) The health of individuals in the home would otherwise be	74112
endangered.	74113

(e) The resident has failed, after reasonable and appropriate	74114
notice, to pay or to have the medicare or medicaid program pay on	74115
the resident's behalf, for the care provided by the home. A	74116
resident shall not be considered to have failed to have the	74117
resident's care paid for if the resident has applied for medicaid,	74118
unless both of the following are the case:	74119

(i) The resident's application, or a substantially similar	74120
previous application, has been denied ~~by the county department of~~	74121
~~job and family services~~.	74122

(ii) If the resident appealed the denial ~~pursuant to division~~	74123
~~(C) of section 5101.35 of the Revised Code~~, ~~the director of job~~	74124
~~and family services has upheld~~ the denial was upheld.	74125

(f) The home's license has been revoked, the home is being	74126
closed pursuant to section 3721.08, sections ~~5111.35~~5165.60 to	74127
~~5111.62~~5165.89, or section 5155.31 of the Revised Code, or the	74128
home otherwise ceases to operate.	74129

(g) The resident is a recipient of medicaid, and the home's	74130
participation in the medicaid program is involuntarily terminated	74131
or denied.	74132

(h) The resident is a beneficiary under the medicare program,	74133
and the home's participation in the medicare program is	74134
involuntarily terminated or denied.	74135

(31) The right to voice grievances and recommend changes in	74136
policies and services to the home's staff, to employees of the	74137
department of health, or to other persons not associated with the	74138
operation of the home, of the resident's choice, free from	74139
restraint, interference, coercion, discrimination, or reprisal.	74140
This right includes access to a residents' rights advocate, and	74141
the right to be a member of, to be active in, and to associate	74142
with persons who are active in organizations of relatives and	74143
friends of nursing home residents and other organizations engaged	74144
in assisting residents.	74145

(32) The right to have any significant change in the	74146
resident's health status reported to the resident's sponsor. As	74147
soon as such a change is known to the home's staff, the home shall	74148
make a reasonable effort to notify the sponsor within twelve	74149
hours.	74150

(B) A sponsor may act on a resident's behalf to assure that	74151
the home does not deny the residents' rights under sections	74152
3721.10 to 3721.17 of the Revised Code.	74153

(C) Any attempted waiver of the rights listed in division (A)	74154
of this section is void.	74155

Sec. 3721.14. To assist in the implementation of the rights	74156
granted in division (A) of section 3721.13 of the Revised Code,	74157
each home shall provide:	74158

(A) Appropriate staff training to implement each resident's	74159
rights under division (A) of section 3721.13 of the Revised Code,	74160
including, but not limited to, explaining:	74161

(1) The resident's rights and the staff's responsibility in	74162
the implementation of the rights;	74163

(2) The staff's obligation to provide all residents who have	74164
similar needs with comparable service.	74165

(B) Arrangements for a resident's needed ancillary services;

74166

(C) Protected areas outside the home for residents to enjoy	74167
outdoor activity, within the capacity of the facility, consistent	74168
with applicable laws and rules;	74169

(D) Adequate indoor space, which need not be dedicated to	74170
that purpose, for families of residents to meet privately with	74171
families of other residents;	74172

(E) Access to the following persons to enter the home during	74173
reasonable hours, except where such access would interfere with	74174
resident care or the privacy of residents:	74175

(1) Employees of the department of health, department of	74176
~~mental health~~mental health and addiction services, department of	74177
developmental disabilities, department of aging, department of job	74178
and family services, and county departments of job and family	74179
services;	74180

(2) Prospective residents and their sponsors;

74181

(3) A resident's sponsors;

74182

(4) Residents' rights advocates;

74183

(5) A resident's attorney;

74184

(6) A minister, priest, rabbi, or other person ministering to	74185
a resident's religious needs.	74186

(F) In writing, a description of the home's grievance	74187
procedures.	74188

Sec. 3721.15. (A) Authorization from a resident or a sponsor	74189
with a power of attorney for a home to manage the resident's	74190
financial affairs shall be in writing and shall be attested to by	74191
a witness who is not connected in any manner whatsoever with the	74192
home or its administrator. The home shall maintain accounts	74193
pursuant to division (A)(27) of section 3721.13 of the Revised	74194
Code. Upon the resident's transfer, discharge, or death, the	74195
account shall be closed and a final accounting made. All remaining	74196
funds shall be returned to the resident or resident's sponsor,	74197
except in the case of death, when all remaining funds shall be	74198
transferred or used in accordance with section ~~5111.113~~5162.22 of	74199
the Revised Code.	74200

(B) A home that manages a resident's financial affairs shall	74201
deposit the resident's funds in excess of one ~~hundred~~thousand	74202
dollars, and may deposit the resident's funds that are one ~~hundred~~	74203
thousand dollars or less, in an interest-bearing account separate	74204
from any of the home's operating accounts. Interest earned on the	74205
resident's funds shall be credited to the resident's account. A	74206
resident's funds that are one ~~hundred~~thousand dollars or less and	74207
have not been deposited in an interest-bearing account may be	74208
deposited in a noninterest-bearing account or petty cash fund.	74209

(C) Each resident whose financial affairs are managed by a	74210
home shall be promptly notified by the home when the total of the	74211
amount of funds in the resident's accounts and the petty cash fund	74212
plus other nonexempt resources reaches two hundred dollars less	74213
than the maximum amount permitted a recipient of medicaid. The	74214
notice shall include an explanation of the potential effect on the	74215
resident's eligibility for medicaid if the amount in the	74216
resident's accounts and the petty cash fund, plus the value of	74217
other nonexempt resources, exceeds the maximum assets a medicaid	74218
recipient may retain.	74219

(D) Each home that manages the financial affairs of residents	74220
shall purchase a surety bond or otherwise provide assurance	74221
satisfactory to the director of health, or, in the case of a home	74222
that participates in the medicaid program, to the medicaid	74223
director ~~of job and family services~~, to assure the security of all	74224
residents' funds managed by the home.	74225

Sec. 3721.16. For each resident of a home, notice of a	74226
proposed transfer or discharge shall be in accordance with this	74227
section.	74228

(A)(1) The administrator of a home shall notify a resident in	74229
writing, and the resident's sponsor in writing by certified mail,	74230
return receipt requested, in advance of any proposed transfer or	74231
discharge from the home. The administrator shall send a copy of	74232
the notice to the state department of health. The notice shall be	74233
provided at least thirty days in advance of the proposed transfer	74234
or discharge, unless any of the following applies:	74235

(a) The resident's health has improved sufficiently to allow	74236
a more immediate discharge or transfer to a less skilled level of	74237
care;	74238

(b) The resident has resided in the home less than thirty	74239
days;	74240

(c) An emergency arises in which the safety of individuals in	74241
the home is endangered;	74242

(d) An emergency arises in which the health of individuals in	74243
the home would otherwise be endangered;	74244

(e) An emergency arises in which the resident's urgent	74245
medical needs necessitate a more immediate transfer or discharge.	74246

In any of the circumstances described in divisions (A)(1)(a)	74247
to (e) of this section, the notice shall be provided as many days	74248
in advance of the proposed transfer or discharge as is	74249
practicable.	74250

(2) The notice required under division (A)(1) of this section	74251
shall include all of the following:	74252

(a) The reasons for the proposed transfer or discharge;

74253

(b) The proposed date the resident is to be transferred or	74254
discharged;	74255

(c) Subject to division (A)(3) of this section, a proposed	74256
location to which the resident may relocate and a notice that the	74257
resident and resident's sponsor may choose another location to	74258
which the resident will relocate;	74259

(d) Notice of the right of the resident and the resident's	74260
sponsor to an impartial hearing at the home on the proposed	74261
transfer or discharge, and of the manner in which and the time	74262
within which the resident or sponsor may request a hearing	74263
pursuant to section 3721.161 of the Revised Code;	74264

(e) A statement that the resident will not be transferred or	74265
discharged before the date specified in the notice unless the home	74266
and the resident or, if the resident is not competent to make a	74267
decision, the home and the resident's sponsor, agree to an earlier	74268
date;	74269

(f) The address of the legal services office of the	74270
department of health;	74271

(g) The name, address, and telephone number of a	74272
representative of the state long-term care ~~ombudsperson~~ombudsman	74273
program and, if the resident or patient has a developmental	74274
disability or mental illness, the name, address, and telephone	74275
number of the Ohio protection and advocacy system.	74276

(3) The proposed location to which a resident may relocate as	74277
specified pursuant to division (A)(2)(c) of this section in the	74278
proposed transfer or discharge notice shall be capable of meeting	74279
the resident's health-care and safety needs. The proposed location	74280
for relocation need not have accepted the resident at the time the	74281
notice is issued to the resident and resident's sponsor.	74282

(B) No home shall transfer or discharge a resident before the	74283
date specified in the notice required by division (A) of this	74284
section unless the home and the resident or, if the resident is	74285
not competent to make a decision, the home and the resident's	74286
sponsor, agree to an earlier date.	74287

(C) Transfer or discharge actions shall be documented in the	74288
resident's medical record by the home if there is a medical basis	74289
for the action.	74290

(D) A resident or resident's sponsor may challenge a transfer	74291
or discharge by requesting an impartial hearing pursuant to	74292
section 3721.161 of the Revised Code, unless the transfer or	74293
discharge is required because of one of the following reasons:	74294

(1) The home's license has been revoked under this chapter;

74295

(2) The home is being closed pursuant to section 3721.08,	74296
sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89, or section 5155.31 of	74297
the Revised Code;	74298

(3) The resident is a recipient of medicaid and the home's	74299
participation in the medicaid program has been involuntarily	74300
terminated or denied by the federal government;	74301

(4) The resident is a beneficiary under the medicare program	74302
and the home's certification under the medicare program has been	74303
involuntarily terminated or denied by the federal government.	74304

(E) If a resident is transferred or discharged pursuant to	74305
this section, the home from which the resident is being	74306
transferred or discharged shall provide the resident with adequate	74307
preparation prior to the transfer or discharge to ensure a safe	74308
and orderly transfer or discharge from the home, and the home or	74309
alternative setting to which the resident is to be transferred or	74310
discharged shall have accepted the resident for transfer or	74311
discharge.	74312

(F) At the time of a transfer or discharge of a resident who	74313
is a recipient of medicaid from a home to a hospital or for	74314
therapeutic leave, the home shall provide notice in writing to the	74315
resident and in writing by certified mail, return receipt	74316
requested, to the resident's sponsor, specifying the number of	74317
days, if any, during which the resident will be permitted under	74318
the medicaid program to return and resume residence in the home	74319
and specifying the medicaid program's coverage of the days during	74320
which the resident is absent from the home. An individual who is	74321
absent from a home for more than the number of days specified in	74322
the notice and continues to require the services provided by the	74323
facility shall be given priority for the first available bed in a	74324
semi-private room.	74325

Sec. 3721.17. (A) Any resident who believes that the	74326
resident's rights under sections 3721.10 to 3721.17 of the Revised	74327
Code have been violated may file a grievance under procedures	74328
adopted pursuant to division (A)(2) of section 3721.12 of the	74329
Revised Code.	74330

When the grievance committee determines a violation of	74331
sections 3721.10 to 3721.17 of the Revised Code has occurred, it	74332
shall notify the administrator of the home. If the violation	74333
cannot be corrected within ten days, or if ten days have elapsed	74334
without correction of the violation, the grievance committee shall	74335
refer the matter to the department of health.	74336

(B) Any person who believes that a resident's rights under	74337
sections 3721.10 to 3721.17 of the Revised Code have been violated	74338
may report or cause reports to be made of the information directly	74339
to the department of health. No person who files a report is	74340
liable for civil damages resulting from the report.	74341

(C)(1) Within thirty days of receiving a complaint under this	74342
section, the department of health shall investigate any complaint	74343
referred to it by a home's grievance committee and any complaint	74344
from any source that alleges that the home provided substantially	74345
less than adequate care or treatment, or substantially unsafe	74346
conditions, or, within seven days of receiving a complaint, refer	74347
it to the attorney general, if the attorney general agrees to	74348
investigate within thirty days.	74349

(2) Within thirty days of receiving a complaint under this	74350
section, the department of health may investigate any alleged	74351
violation of sections 3721.10 to 3721.17 of the Revised Code, or	74352
of rules, policies, or procedures adopted pursuant to those	74353
sections, not covered by division (C)(1) of this section, or it	74354
may, within seven days of receiving a complaint, refer the	74355
complaint to the grievance committee at the home where the alleged	74356
violation occurred, or to the attorney general if the attorney	74357
general agrees to investigate within thirty days.	74358

(D) If, after an investigation, the department of health	74359
finds probable cause to believe that a violation of sections	74360
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or	74361
procedures adopted pursuant to those sections, has occurred at a	74362
home that is certified under the medicare or medicaid program, it	74363
shall cite one or more findings or deficiencies under sections	74364
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code. If the	74365
home is not so certified, the department shall hold an	74366
adjudicative hearing within thirty days under Chapter 119. of the	74367
Revised Code.	74368

(E) Upon a finding at an adjudicative hearing under division	74369
(D) of this section that a violation of sections 3721.10 to	74370
3721.17 of the Revised Code, or of rules, policies, or procedures	74371
adopted pursuant thereto, has occurred, the department of health	74372
shall make an order for compliance, set a reasonable time for	74373
compliance, and assess a fine pursuant to division (F) of this	74374
section. The fine shall be paid to the general revenue fund only	74375
if compliance with the order is not shown to have been made within	74376
the reasonable time set in the order. The department of health may	74377
issue an order prohibiting the continuation of any violation of	74378
sections 3721.10 to 3721.17 of the Revised Code.	74379

Findings at the hearings conducted under this section may be	74380
appealed pursuant to Chapter 119. of the Revised Code, except that	74381
an appeal may be made to the court of common pleas of the county	74382
in which the home is located.	74383

The department of health shall initiate proceedings in court	74384
to collect any fine assessed under this section that is unpaid	74385
thirty days after the violator's final appeal is exhausted.	74386

(F) Any home found, pursuant to an adjudication hearing under	74387
division (D) of this section, to have violated sections 3721.10 to	74388
3721.17 of the Revised Code, or rules, policies, or procedures	74389
adopted pursuant to those sections may be fined not less than one	74390
hundred nor more than five hundred dollars for a first offense.	74391
For each subsequent offense, the home may be fined not less than	74392
two hundred nor more than one thousand dollars.	74393

A violation of sections 3721.10 to 3721.17 of the Revised	74394
Code is a separate offense for each day of the violation and for	74395
each resident who claims the violation.	74396

(G) No home or employee of a home shall retaliate against any	74397
person who:	74398

(1) Exercises any right set forth in sections 3721.10 to	74399
3721.17 of the Revised Code, including, but not limited to, filing	74400
a complaint with the home's grievance committee or reporting an	74401
alleged violation to the department of health;	74402

(2) Appears as a witness in any hearing conducted under this	74403
section or section 3721.162 of the Revised Code;	74404

(3) Files a civil action alleging a violation of sections	74405
3721.10 to 3721.17 of the Revised Code, or notifies a county	74406
prosecuting attorney or the attorney general of a possible	74407
violation of sections 3721.10 to 3721.17 of the Revised Code.	74408

If, under the procedures outlined in this section, a home or	74409
its employee is found to have retaliated, the violator may be	74410
fined up to one thousand dollars.	74411

(H) When legal action is indicated, any evidence of criminal	74412
activity found in an investigation under division (C) of this	74413
section shall be given to the prosecuting attorney in the county	74414
in which the home is located for investigation.	74415

(I)(1)(a) Any resident whose rights under sections 3721.10 to	74416
3721.17 of the Revised Code are violated has a cause of action	74417
against any person or home committing the violation.	74418

(b) An action under division (I)(1)(a) of this section may be	74419
commenced by the resident or by the resident's legal guardian or	74420
other legally authorized representative on behalf of the resident	74421
or the resident's estate. If the resident or the resident's legal	74422
guardian or other legally authorized representative is unable to	74423
commence an action under that division on behalf of the resident,	74424
the following persons in the following order of priority have the	74425
right to and may commence an action under that division on behalf	74426
of the resident or the resident's estate:	74427

(i) The resident's spouse;

74428

(ii) The resident's parent or adult child;

74429

(iii) The resident's guardian if the resident is a minor	74430
child;	74431

(iv) The resident's brother or sister;

74432

(v) The resident's niece, nephew, aunt, or uncle.

74433

(c) Notwithstanding any law as to priority of persons	74434
entitled to commence an action, if more than one eligible person	74435
within the same level of priority seeks to commence an action on	74436
behalf of a resident or the resident's estate, the court shall	74437
determine, in the best interest of the resident or the resident's	74438
estate, the individual to commence the action. A court's	74439
determination under this division as to the person to commence an	74440
action on behalf of a resident or the resident's estate shall bar	74441
another person from commencing the action on behalf of the	74442
resident or the resident's estate.	74443

(d) The result of an action commenced pursuant to division	74444
(I)(1)(a) of this section by a person authorized under division	74445
(I)(1)(b) of this section shall bind the resident or the	74446
resident's estate that is the subject of the action.	74447

(e) A cause of action under division (I)(1)(a) of this	74448
section shall accrue, and the statute of limitations applicable to	74449
that cause of action shall begin to run, based upon the violation	74450
of a resident's rights under sections 3721.10 to 3721.17 of the	74451
Revised Code, regardless of the party commencing the action on	74452
behalf of the resident or the resident's estate as authorized	74453
under divisions (I)(1)(b) and (c) of this section.	74454

(2)(a) The plaintiff in an action filed under division (I)(1)	74455
of this section may obtain injunctive relief against the violation	74456
of the resident's rights. The plaintiff also may recover	74457
compensatory damages based upon a showing, by a preponderance of	74458
the evidence, that the violation of the resident's rights resulted	74459
from a negligent act or omission of the person or home and that	74460
the violation was the proximate cause of the resident's injury,	74461
death, or loss to person or property.	74462

(b) If compensatory damages are awarded for a violation of	74463
the resident's rights, section 2315.21 of the Revised Code shall	74464
apply to an award of punitive or exemplary damages for the	74465
violation.	74466

(c) The court, in a case in which only injunctive relief is	74467
granted, may award to the prevailing party reasonable attorney's	74468
fees limited to the work reasonably performed.	74469

(3) Division (I)(2) (b) of this section shall be considered	74470
to be purely remedial in operation and shall be applied in a	74471
remedial manner in any civil action in which this section is	74472
relevant, whether the action is pending in court or commenced on	74473
or after July 9, 1998.	74474

(4) Within thirty days after the filing of a complaint in an	74475
action for damages brought against a home under division (I)(1)(a)	74476
of this section by or on behalf of a resident or former resident	74477
of the home, the plaintiff or plaintiff's counsel shall send	74478
written notice of the filing of the complaint to the department of	74479
~~job and family services~~medicaid if the department has a right of	74480
recovery under section ~~5101.58~~5160.37 of the Revised Code against	74481
the liability of the home for the cost of ~~medical~~medicaid	74482
services ~~and care~~ arising out of injury, disease, or disability of	74483
the resident or former resident.	74484

Sec. 3721.19. (A) As used in this section:

74485

(1) "Home" and "residential care facility" have the same	74486
meanings as in section 3721.01 of the Revised Code;	74487

(2) "Provider agreement" has the same meaning as in section	74488
5165.01 of the Revised Code.	74489

(3) "Sponsor" and "residents' rights advocate" have the same	74490
meanings as in section 3721.10 of the Revised Code.	74491

A home licensed under this chapter that is not a party to a	74492
provider agreement~~, as defined in section 5111.20 of the Revised~~	74493
~~Code,~~ shall provide each prospective resident, before admission,	74494
with the following information, orally and in a separate written	74495
notice on which is printed in a conspicuous manner: "This home is	74496
not a participant in the ~~medical assistance~~medicaid program	74497
administered by the Ohio department of ~~job and family services~~	74498
medicaid. Consequently, you may be discharged from this home if	74499
you are unable to pay for the services provided by this home."	74500

If the prospective resident has a sponsor whose identity is	74501
made known to the home, the home shall also inform the sponsor,	74502
before admission of the resident, of the home's status relative to	74503
the ~~medical assistance~~medicaid program. Written acknowledgement	74504
of the receipt of the information shall be provided by the	74505
resident and, if the prospective resident has a sponsor who has	74506
been identified to the home, by the sponsor. The written	74507
acknowledgement shall be made part of the resident's record by the	74508
home.	74509

No home shall terminate its ~~status as a~~ provider ~~under the~~	74510
~~medicaid program~~agreement unless it has complied with section	74511
~~5111.66~~5165.50 of the Revised Code and, at least ninety days	74512
prior to such termination, provided written notice to the	74513
residents of the home and their sponsors of such action. This	74514
requirement shall not apply in cases where the department of ~~job~~	74515
~~and family services~~medicaid terminates a home's provider	74516
agreement or provider status.	74517

(B) A home licensed under this chapter as a residential care	74518
facility shall provide notice to each prospective resident or the	74519
individual's sponsor of the services offered by the facility and	74520
the types of skilled nursing care that the facility may provide. A	74521
residential care facility that, pursuant to section 3721.012 of	74522
the Revised Code, has a policy of entering into risk agreements	74523
with residents or their sponsors shall provide each prospective	74524
resident or the individual's sponsor a written explanation of the	74525
policy and the provisions that may be contained in a risk	74526
agreement. At the time the information is provided, the facility	74527
shall obtain a statement signed by the individual receiving the	74528
information acknowledging that the individual received the	74529
information. The facility shall maintain on file the individual's	74530
signed statement.	74531

(C) A resident has a cause of action against a home for	74532
breach of any duty imposed by this section. The action may be	74533
commenced by the resident, or on the resident's behalf by the	74534
resident's sponsor or a residents' rights advocate, by the filing	74535
of a civil action in the court of common pleas of the county in	74536
which the home is located, or in the court of common pleas of	74537
Franklin county.	74538

If the court finds that a breach of any duty imposed by this	74539
section has occurred, the court shall enjoin the home from	74540
discharging the resident from the home until arrangements	74541
satisfactory to the court are made for the orderly transfer of the	74542
resident to another mode of health care including, but not limited	74543
to, another home, and may award the resident and a person or	74544
public agency that brings an action on behalf of a resident	74545
reasonable attorney's fees. If a home discharges a resident to	74546
whom or to whose sponsor information concerning its status	74547
relative to the ~~medical assistance~~medicaid program was not	74548
provided as required under this section, the court shall grant any	74549
appropriate relief including, but not limited to, actual damages,	74550
reasonable attorney's fees, and costs.	74551

Sec. 3727.01. (A) As used in this section, "health	74552
maintenance organization" means a public or private organization	74553
organized under the law of any state that is qualified under	74554
section 1310(d) of Title XIII of the "Public Health Service Act,"	74555
87 Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the	74556
following:	74557

(1) Provides or otherwise makes available to enrolled	74558
participants health care services including at least the following	74559
basic health care services: usual physician services,	74560
hospitalization, laboratory, x-ray, emergency and preventive	74561
service, and out-of-area coverage;	74562

(2) Is compensated, except for copayments, for the provision	74563
of basic health care services to enrolled participants by a	74564
payment that is paid on a periodic basis without regard to the	74565
date the health care services are provided and that is fixed	74566
without regard to the frequency, extent, or kind of health service	74567
actually provided;	74568

(3) Provides physician services primarily in either of the	74569
following ways:	74570

(a) Directly through physicians who are either employees or	74571
partners of the organization;	74572

(b) Through arrangements with individual physicians or one or	74573
more groups of physicians organized on a group-practice or	74574
individual-practice basis.	74575

(B) As used in this chapter:

74576

(1) "Children's hospital" means any of the following:

74577

(a) A hospital registered under section 3701.07 of the	74578
Revised Code that provides general pediatric medical and surgical	74579
care, and in which at least seventy-five per cent of annual	74580
inpatient discharges for the preceding two calendar years were	74581
individuals less than eighteen years of age;	74582

(b) A distinct portion of a hospital registered under section	74583
3701.07 of the Revised Code that provides general pediatric	74584
medical and surgical care, has a total of at least one hundred	74585
fifty registered pediatric special care and pediatric acute care	74586
beds, and in which at least seventy-five per cent of annual	74587
inpatient discharges for the preceding two calendar years were	74588
individuals less than eighteen years of age;	74589

(c) A distinct portion of a hospital, if the hospital is	74590
registered under section 3701.07 of the Revised Code as a	74591
children's hospital and the children's hospital meets all the	74592
requirements of division (B)(1)(a) of this section.	74593

(2) "Hospital" means an institution classified as a hospital	74594
under section 3701.07 of the Revised Code in which are provided to	74595
inpatients diagnostic, medical, surgical, obstetrical,	74596
psychiatric, or rehabilitation care for a continuous period longer	74597
than twenty-four hours or a hospital operated by a health	74598
maintenance organization. "Hospital" does not include a facility	74599
licensed under Chapter 3721. of the Revised Code, a health care	74600
facility operated by the department of ~~mental health~~mental health	74601
and addiction services or the department of developmental	74602
disabilities, a health maintenance organization that does not	74603
operate a hospital, the office of any private licensed health care	74604
professional, whether organized for individual or group practice,	74605
or a clinic that provides ambulatory patient services and where	74606
patients are not regularly admitted as inpatients. "Hospital" also	74607
does not include an institution for the sick that is operated	74608
exclusively for patients who use spiritual means for healing and	74609
for whom the acceptance of medical care is inconsistent with their	74610
religious beliefs, accredited by a national accrediting	74611
organization, exempt from federal income taxation under section	74612
501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	74613
U.S.C.A. 1, as amended, and providing twenty-four hour nursing	74614
care pursuant to the exemption in division (E) of section 4723.32	74615
of the Revised Code from the licensing requirements of Chapter	74616
4723. of the Revised Code.	74617

(3) "Joint commission" means the commission formerly known as	74618
the joint commission on accreditation of healthcare organizations	74619
or the joint commission on accreditation of hospitals.	74620

Sec. 3727.60. (A) As used in this section:

74621

(1) "Ambulatory surgical facility" has the same meaning as in	74622
section 3702.30 of the Revised Code.	74623

(2) "Nontherapeutic abortion" has the same meaning as in	74624
section 9.04 of the Revised Code.	74625

(3) "Political subdivision" means any body corporate and	74626
politic that is responsible for governmental activities in a	74627
geographic area smaller than the state.	74628

(4) "Public hospital" means a hospital registered with the	74629
department of health under section 3701.07 of the Revised Code	74630
that is owned, leased, or controlled by this state or any agency,	74631
institution, instrumentality, or political subdivision of this	74632
state. "Public hospital" includes any state university hospital,	74633
state medical college hospital, joint hospital, or public hospital	74634
agency.	74635

(5) "Written transfer agreement" means an agreement described	74636
in section 3702.303 of the Revised Code.	74637

(B) No public hospital shall do either of the following:

74638

(1) Enter into a written transfer agreement with an	74639
ambulatory surgical facility in which nontherapeutic abortions are	74640
performed or induced;	74641

(2) Authorize a physician who has been granted staff	74642
membership or professional privileges at the public hospital to	74643
use that membership or those privileges as a substitution for, or	74644
alternative to, a written transfer agreement for purposes of a	74645
variance application described in section 3702.304 of the Revised	74646
Code that is submitted to the director of health by an ambulatory	74647
surgical facility in which nontherapeutic abortions are performed	74648
or induced.	74649

Sec. 3734.01. As used in this chapter:

74650

(A) "Board of health" means the board of health of a city or	74651
general health district or the authority having the duties of a	74652
board of health in any city as authorized by section 3709.05 of	74653
the Revised Code.	74654

(B) "Director" means the director of environmental	74655
protection.	74656

(C) "Health district" means a city or general health district	74657
as created by or under authority of Chapter 3709. of the Revised	74658
Code.	74659

(D) "Agency" means the environmental protection agency.

74660

(E) "Solid wastes" means such unwanted residual solid or	74661
semisolid material as results from industrial, commercial,	74662
agricultural, and community operations, excluding earth or	74663
material from construction, mining, or demolition operations, or	74664
other waste materials of the type that normally would be included	74665
in demolition debris, nontoxic fly ash and bottom ash, including	74666
at least ash that results from the combustion of coal and ash that	74667
results from the combustion of coal in combination with scrap	74668
tires where scrap tires comprise not more than fifty per cent of	74669
heat input in any month, spent nontoxic foundry sand, and slag and	74670
other substances that are not harmful or inimical to public	74671
health, and includes, but is not limited to, garbage, scrap tires,	74672
combustible and noncombustible material, street dirt, and debris.	74673
"Solid wastes" does not include any material that is an infectious	74674
waste or a hazardous waste.	74675

(F) "Disposal" means the discharge, deposit, injection,	74676
dumping, spilling, leaking, emitting, or placing of any solid	74677
wastes or hazardous waste into or on any land or ground or surface	74678
water or into the air, except if the disposition or placement	74679
constitutes storage or treatment or, if the solid wastes consist	74680
of scrap tires, the disposition or placement constitutes a	74681
beneficial use or occurs at a scrap tire recovery facility	74682
licensed under section 3734.81 of the Revised Code.	74683

(G) "Person" includes the state, any political subdivision	74684
and other state or local body, the United States and any agency or	74685
instrumentality thereof, and any legal entity defined as a person	74686
under section 1.59 of the Revised Code.	74687

(H) "Open burning" means the burning of solid wastes in an	74688
open area or burning of solid wastes in a type of chamber or	74689
vessel that is not approved or authorized in rules adopted by the	74690
director under section 3734.02 of the Revised Code or, if the	74691
solid wastes consist of scrap tires, in rules adopted under	74692
division (V) of this section or section 3734.73 of the Revised	74693
Code, or the burning of treated or untreated infectious wastes in	74694
an open area or in a type of chamber or vessel that is not	74695
approved in rules adopted by the director under section 3734.021	74696
of the Revised Code.	74697

(I) "Open dumping" means the depositing of solid wastes into	74698
a body or stream of water or onto the surface of the ground at a	74699
site that is not licensed as a solid waste facility under section	74700
3734.05 of the Revised Code or, if the solid wastes consist of	74701
scrap tires, as a scrap tire collection, storage, monocell,	74702
monofill, or recovery facility under section 3734.81 of the	74703
Revised Code; the depositing of solid wastes that consist of scrap	74704
tires onto the surface of the ground at a site or in a manner not	74705
specifically identified in divisions (C)(2) to (5), (7), or (10)	74706
of section 3734.85 of the Revised Code; the depositing of	74707
untreated infectious wastes into a body or stream of water or onto	74708
the surface of the ground; or the depositing of treated infectious	74709
wastes into a body or stream of water or onto the surface of the	74710
ground at a site that is not licensed as a solid waste facility	74711
under section 3734.05 of the Revised Code.	74712

(J) "Hazardous waste" means any waste or combination of	74713
wastes in solid, liquid, semisolid, or contained gaseous form that	74714
in the determination of the director, because of its quantity,	74715
concentration, or physical or chemical characteristics, may do	74716
either of the following:	74717

(1) Cause or significantly contribute to an increase in	74718
mortality or an increase in serious irreversible or incapacitating	74719
reversible illness;	74720

(2) Pose a substantial present or potential hazard to human	74721
health or safety or to the environment when improperly stored,	74722
treated, transported, disposed of, or otherwise managed.	74723

"Hazardous waste" includes any substance identified by	74724
regulation as hazardous waste under the "Resource Conservation and	74725
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	74726
amended, and does not include any substance that is subject to the	74727
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as	74728
amended.	74729

(K) "Treat" or "treatment," when used in connection with	74730
hazardous waste, means any method, technique, or process designed	74731
to change the physical, chemical, or biological characteristics or	74732
composition of any hazardous waste; to neutralize the waste; to	74733
recover energy or material resources from the waste; to render the	74734
waste nonhazardous or less hazardous, safer to transport, store,	74735
or dispose of, or amenable for recovery, storage, further	74736
treatment, or disposal; or to reduce the volume of the waste. When	74737
used in connection with infectious wastes, "treat" or "treatment"	74738
means any method, technique, or process that renders the wastes	74739
noninfectious so that it is no longer an infectious waste and is	74740
no longer an infectious substance as defined in applicable federal	74741
law, including, without limitation, steam sterilization and	74742
incineration, and, in the instance of wastes identified in	74743
division (R)(7) of this section, to substantially reduce or	74744
eliminate the potential for the wastes to cause lacerations or	74745
puncture wounds.	74746

(L) "Manifest" means the form used for identifying the	74747
quantity, composition, origin, routing, and destination of	74748
hazardous waste during its transportation from the point of	74749
generation to the point of disposal, treatment, or storage.	74750

(M) "Storage," when used in connection with hazardous waste,	74751
means the holding of hazardous waste for a temporary period in	74752
such a manner that it remains retrievable and substantially	74753
unchanged physically and chemically and, at the end of the period,	74754
is treated; disposed of; stored elsewhere; or reused, recycled, or	74755
reclaimed in a beneficial manner. When used in connection with	74756
solid wastes that consist of scrap tires, "storage" means the	74757
holding of scrap tires for a temporary period in such a manner	74758
that they remain retrievable and, at the end of that period, are	74759
beneficially used; stored elsewhere; placed in a scrap tire	74760
monocell or monofill facility licensed under section 3734.81 of	74761
the Revised Code; processed at a scrap tire recovery facility	74762
licensed under that section or a solid waste incineration or	74763
energy recovery facility subject to regulation under this chapter;	74764
or transported to a scrap tire monocell, monofill, or recovery	74765
facility, any other solid waste facility authorized to dispose of	74766
scrap tires, or a facility that will beneficially use the scrap	74767
tires, that is located in another state and is operating in	74768
compliance with the laws of the state in which the facility is	74769
located.	74770

(N) "Facility" means any site, location, tract of land,	74771
installation, or building used for incineration, composting,	74772
sanitary landfilling, or other methods of disposal of solid wastes	74773
or, if the solid wastes consist of scrap tires, for the	74774
collection, storage, or processing of the solid wastes; for the	74775
transfer of solid wastes; for the treatment of infectious wastes;	74776
or for the storage, treatment, or disposal of hazardous waste.	74777

(O) "Closure" means the time at which a hazardous waste	74778
facility will no longer accept hazardous waste for treatment,	74779
storage, or disposal, the time at which a solid waste facility	74780
will no longer accept solid wastes for transfer or disposal or, if	74781
the solid wastes consist of scrap tires, for storage or	74782
processing, or the effective date of an order revoking the permit	74783
for a hazardous waste facility or the registration certificate,	74784
permit, or license for a solid waste facility, as applicable.	74785
"Closure" includes measures performed to protect public health or	74786
safety, to prevent air or water pollution, or to make the facility	74787
suitable for other uses, if any, including, but not limited to,	74788
the removal of processing residues resulting from solid wastes	74789
that consist of scrap tires; the establishment and maintenance of	74790
a suitable cover of soil and vegetation over cells in which	74791
hazardous waste or solid wastes are buried; minimization of	74792
erosion, the infiltration of surface water into such cells, the	74793
production of leachate, and the accumulation and runoff of	74794
contaminated surface water; the final construction of facilities	74795
for the collection and treatment of leachate and contaminated	74796
surface water runoff, except as otherwise provided in this	74797
division; the final construction of air and water quality	74798
monitoring facilities, except as otherwise provided in this	74799
division; the final construction of methane gas extraction and	74800
treatment systems; or the removal and proper disposal of hazardous	74801
waste or solid wastes from a facility when necessary to protect	74802
public health or safety or to abate or prevent air or water	74803
pollution. With regard to a solid waste facility that is a scrap	74804
tire facility, "closure" includes the final construction of	74805
facilities for the collection and treatment of leachate and	74806
contaminated surface water runoff and the final construction of	74807
air and water quality monitoring facilities only if those actions	74808
are determined to be necessary.	74809

(P) "Premises" means either of the following:

74810

(1) Geographically contiguous property owned by a generator;

74811

(2) Noncontiguous property that is owned by a generator and	74812
connected by a right-of-way that the generator controls and to	74813
which the public does not have access. Two or more pieces of	74814
property that are geographically contiguous and divided by public	74815
or private right-of-way or rights-of-way are a single premises.	74816

(Q) "Post-closure" means that period of time following	74817
closure during which a hazardous waste facility is required to be	74818
monitored and maintained under this chapter and rules adopted	74819
under it, including, without limitation, operation and maintenance	74820
of methane gas extraction and treatment systems, or the period of	74821
time after closure during which a scrap tire monocell or monofill	74822
facility licensed under section 3734.81 of the Revised Code is	74823
required to be monitored and maintained under this chapter and	74824
rules adopted under it.	74825

(R) "Infectious wastes" means any wastes or combination of	74826
wastes that include cultures and stocks of infectious agents and	74827
associated biologicals, human blood and blood products, and	74828
substances that were or are likely to have been exposed to or	74829
contaminated with or are likely to transmit an infectious agent or	74830
zoonotic agent, including all of the following:	74831

(1) Laboratory wastes;

74832

(2) Pathological wastes;

74833

(3) Animal blood and blood products;

74834

(4) Animal carcasses and parts;

74835

(5) Waste materials from the rooms of humans, or the	74836
enclosures of animals, that have been isolated because of	74837
diagnosed communicable disease that are likely to transmit	74838
infectious agents. Such waste materials from the rooms of humans	74839
do not include any wastes of patients who have been placed on	74840
blood and body fluid precautions under the universal precaution	74841
system established by the centers for disease control in the	74842
public health service of the United States department of health	74843
and human services, except to the extent specific wastes generated	74844
under the universal precautions system have been identified as	74845
infectious wastes by rules adopted under division (R)(7) of this	74846
section.	74847

(6) Sharp wastes used in the treatment, diagnosis, or	74848
inoculation of human beings or animals;	74849

(7) Any other waste materials generated in the diagnosis,	74850
treatment, or immunization of human beings or animals, in research	74851
pertaining thereto, or in the production or testing of	74852
biologicals, that the director of health, by rules adopted in	74853
accordance with Chapter 119. of the Revised Code, identifies as	74854
infectious wastes after determining that the wastes present a	74855
substantial threat to human health when improperly managed because	74856
they are contaminated with, or are likely to be contaminated with,	74857
infectious agents.	74858

As used in this division, "blood products" does not include	74859
patient care waste such as bandages or disposable gowns that are	74860
lightly soiled with blood or other body fluids unless those wastes	74861
are soiled to the extent that the generator of the wastes	74862
determines that they should be managed as infectious wastes.	74863

(S) "Infectious agent" means a type of microorganism,	74864
pathogen, virus, or proteinaceous infectious particle that can	74865
cause or significantly contribute to disease in or death of human	74866
beings.	74867

(T) "Zoonotic agent" means a type of microorganism, pathogen,	74868
or virus that causes disease in vertebrate animals, is	74869
transmissible to human beings, and can cause or significantly	74870
contribute to disease in or death of human beings.	74871

(U) "Solid waste transfer facility" means any site, location,	74872
tract of land, installation, or building that is used or intended	74873
to be used primarily for the purpose of transferring solid wastes	74874
that were generated off the premises of the facility from vehicles	74875
or containers into other vehicles for transportation to a solid	74876
waste disposal facility. "Solid waste transfer facility" does not	74877
include any facility that consists solely of portable containers	74878
that have an aggregate volume of fifty cubic yards or less nor any	74879
facility where legitimate recycling activities are conducted.	74880

(V) "Beneficially use" ~~means~~includes:

74881

(1) With regard to scrap tires, to use a scrap tire in a	74882
manner that results in a commodity for sale or exchange or in any	74883
other manner authorized as a beneficial use in rules adopted by	74884
the director in accordance with Chapter 119. of the Revised Code;	74885

(2) With regard to material from a horizontal well that has	74886
come in contact with a refined oil-based substance and that is not	74887
technologically enhanced naturally occurring radioactive material,	74888
to use the material in any manner authorized as a beneficial use	74889
in rules adopted by the director under section 3734.125 of the	74890
Revised Code.	74891

(W) "Commercial car," "commercial tractor," "farm machinery,"	74892
"motor bus," "vehicles," "motor vehicle," and "semitrailer" have	74893
the same meanings as in section 4501.01 of the Revised Code.	74894

(X) "Construction equipment" means road rollers, traction	74895
engines, power shovels, power cranes, and other equipment used in	74896
construction work, or in mining or producing or processing	74897
aggregates, and not designed for or used in general highway	74898
transportation.	74899

(Y) "Motor vehicle salvage dealer" has the same meaning as in	74900
section 4738.01 of the Revised Code.	74901

(Z) "Scrap tire" means an unwanted or discarded tire.

74902

(AA) "Scrap tire collection facility" means any facility that	74903
meets all of the following qualifications:	74904

(1) The facility is used for the receipt and storage of whole	74905
scrap tires from the public prior to their transportation to a	74906
scrap tire storage, monocell, monofill, or recovery facility	74907
licensed under section 3734.81 of the Revised Code; a solid waste	74908
incineration or energy recovery facility subject to regulation	74909
under this chapter; a premises within the state where the scrap	74910
tires will be beneficially used; or a scrap tire storage,	74911
monocell, monofill, or recovery facility, any other solid waste	74912
disposal facility authorized to dispose of scrap tires, or a	74913
facility that will beneficially use the scrap tires, that is	74914
located in another state, and that is operating in compliance with	74915
the laws of the state in which the facility is located.	74916

(2) The facility exclusively stores scrap tires in portable	74917
containers.	74918

(3) The aggregate storage of the portable containers in which	74919
the scrap tires are stored does not exceed five thousand cubic	74920
feet.	74921

(BB) "Scrap tire monocell facility" means an individual site	74922
within a solid waste landfill that is used exclusively for the	74923
environmentally sound storage or disposal of whole scrap tires or	74924
scrap tires that have been shredded, chipped, or otherwise	74925
mechanically processed.	74926

(CC) "Scrap tire monofill facility" means an engineered	74927
facility used or intended to be used exclusively for the storage	74928
or disposal of scrap tires, including at least facilities for the	74929
submergence of whole scrap tires in a body of water.	74930

(DD) "Scrap tire recovery facility" means any facility, or	74931
portion thereof, for the processing of scrap tires for the purpose	74932
of extracting or producing usable products, materials, or energy	74933
from the scrap tires through a controlled combustion process,	74934
mechanical process, or chemical process. "Scrap tire recovery	74935
facility" includes any facility that uses the controlled	74936
combustion of scrap tires in a manufacturing process to produce	74937
process heat or steam or any facility that produces usable heat or	74938
electric power through the controlled combustion of scrap tires in	74939
combination with another fuel, but does not include any solid	74940
waste incineration or energy recovery facility that is designed,	74941
constructed, and used for the primary purpose of incinerating	74942
mixed municipal solid wastes and that burns scrap tires in	74943
conjunction with mixed municipal solid wastes, or any tire	74944
retreading business, tire manufacturing finishing center, or tire	74945
adjustment center having on the premises of the business a single,	74946
covered scrap tire storage area at which not more than four	74947
thousand scrap tires are stored.	74948

(EE) "Scrap tire storage facility" means any facility where	74949
whole scrap tires are stored prior to their transportation to a	74950
scrap tire monocell, monofill, or recovery facility licensed under	74951
section 3734.81 of the Revised Code; a solid waste incineration or	74952
energy recovery facility subject to regulation under this chapter;	74953
a premises within the state where the scrap tires will be	74954
beneficially used; or a scrap tire storage, monocell, monofill, or	74955
recovery facility, any other solid waste disposal facility	74956
authorized to dispose of scrap tires, or a facility that will	74957
beneficially use the scrap tires, that is located in another	74958
state, and that is operating in compliance with the laws of the	74959
state in which the facility is located.	74960

(FF) "Used oil" means any oil that has been refined from	74961
crude oil, or any synthetic oil, that has been used and, as a	74962
result of that use, is contaminated by physical or chemical	74963
impurities. "Used oil" includes only those substances identified	74964
as used oil by the United States environmental protection agency	74965
under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42	74966
U.S.C.A. 6901a, as amended.	74967

(GG) "Accumulated speculatively" has the same meaning as in	74968
rules adopted by the director under section 3734.12 of the Revised	74969
Code.	74970

(HH) "Horizontal well" has the same meaning as in section	74971
1509.01 of the Revised Code.	74972

(II) "Technologically enhanced naturally occurring	74973
radioactive material" has the same meaning as in section 3748.01	74974
of the Revised Code.	74975

Sec. 3734.02. (A) The director of environmental protection,	74976
in accordance with Chapter 119. of the Revised Code, shall adopt	74977
and may amend, suspend, or rescind rules having uniform	74978
application throughout the state governing solid waste facilities	74979
and the inspections of and issuance of permits and licenses for	74980
all solid waste facilities in order to ensure that the facilities	74981
will be located, maintained, and operated, and will undergo	74982
closure and post-closure care, in a sanitary manner so as not to	74983
create a nuisance, cause or contribute to water pollution, create	74984
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	74985
257.3-8, as amended. The rules may include, without limitation,	74986
financial assurance requirements for closure and post-closure care	74987
and corrective action and requirements for taking corrective	74988
action in the event of the surface or subsurface discharge or	74989
migration of explosive gases or leachate from a solid waste	74990
facility, or of ground water contamination resulting from the	74991
transfer or disposal of solid wastes at a facility, beyond the	74992
boundaries of any area within a facility that is operating or is	74993
undergoing closure or post-closure care where solid wastes were	74994
disposed of or are being disposed of. The rules shall not concern	74995
or relate to personnel policies, salaries, wages, fringe benefits,	74996
or other conditions of employment of employees of persons owning	74997
or operating solid waste facilities. The director, in accordance	74998
with Chapter 119. of the Revised Code, shall adopt and may amend,	74999
suspend, or rescind rules governing the issuance, modification,	75000
revocation, suspension, or denial of variances from the director's	75001
solid waste rules, including, without limitation, rules adopted	75002
under this chapter governing the management of scrap tires.	75003

Variances shall be issued, modified, revoked, suspended, or	75004
rescinded in accordance with this division, rules adopted under	75005
it, and Chapter 3745. of the Revised Code. The director may order	75006
the person to whom a variance is issued to take such action within	75007
such time as the director may determine to be appropriate and	75008
reasonable to prevent the creation of a nuisance or a hazard to	75009
the public health or safety or the environment. Applications for	75010
variances shall contain such detail plans, specifications, and	75011
information regarding objectives, procedures, controls, and other	75012
pertinent data as the director may require. The director shall	75013
grant a variance only if the applicant demonstrates to the	75014
director's satisfaction that construction and operation of the	75015
solid waste facility in the manner allowed by the variance and any	75016
terms or conditions imposed as part of the variance will not	75017
create a nuisance or a hazard to the public health or safety or	75018
the environment. In granting any variance, the director shall	75019
state the specific provision or provisions whose terms are to be	75020
varied and also shall state specific terms or conditions imposed	75021
upon the applicant in place of the provision or provisions. The	75022
director may hold a public hearing on an application for a	75023
variance or renewal of a variance at a location in the county	75024
where the operations that are the subject of the application for	75025
the variance are conducted. The director shall give not less than	75026
twenty days' notice of the hearing to the applicant by certified	75027
mail or by another type of mail accompanied by a receipt and shall	75028
publish at least one notice of the hearing in a newspaper with	75029
general circulation in the county where the hearing is to be held.	75030
The director shall make available for public inspection at the	75031
principal office of the environmental protection agency a current	75032
list of pending applications for variances and a current schedule	75033
of pending variance hearings. The director shall make a complete	75034
stenographic record of testimony and other evidence submitted at	75035
the hearing. Within ten days after the hearing, the director shall	75036
make a written determination to issue, renew, or deny the variance	75037
and shall enter the determination and the basis for it into the	75038
record of the hearing. The director shall issue, renew, or deny an	75039
application for a variance or renewal of a variance within six	75040
months of the date upon which the director receives a complete	75041
application with all pertinent information and data required. No	75042
variance shall be issued, revoked, modified, or denied until the	75043
director has considered the relative interests of the applicant,	75044
other persons and property affected by the variance, and the	75045
general public. Any variance granted under this division shall be	75046
for a period specified by the director and may be renewed from	75047
time to time on such terms and for such periods as the director	75048
determines to be appropriate. No application shall be denied and	75049
no variance shall be revoked or modified without a written order	75050
stating the findings upon which the denial, revocation, or	75051
modification is based. A copy of the order shall be sent to the	75052
applicant or variance holder by certified mail or by another type	75053
of mail accompanied by a receipt.	75054

(B) The director shall prescribe and furnish the forms	75055
necessary to administer and enforce this chapter. The director may	75056
cooperate with and enter into agreements with other state, local,	75057
or federal agencies to carry out the purposes of this chapter. The	75058
director may exercise all incidental powers necessary to carry out	75059
the purposes of this chapter.	75060

The director may use moneys in the infectious waste	75061
management fund created in section 3734.021 of the Revised Code	75062
exclusively for administering and enforcing the provisions of this	75063
chapter governing the management of infectious wastes.	75064

(C) Except as provided in this division and divisions (N)(2)	75065
and (3) of this section, no person shall establish a new solid	75066
waste facility or infectious waste treatment facility, or modify	75067
an existing solid waste facility or infectious waste treatment	75068
facility, without submitting an application for a permit with	75069
accompanying detail plans, specifications, and information	75070
regarding the facility and method of operation and receiving a	75071
permit issued by the director, except that no permit shall be	75072
required under this division to install or operate a solid waste	75073
facility for sewage sludge treatment or disposal when the	75074
treatment or disposal is authorized by a current permit issued	75075
under Chapter 3704. or 6111. of the Revised Code.	75076

No person shall continue to operate a solid waste facility	75077
for which the director has denied a permit for which an	75078
application was required under division (A)(3) of section 3734.05	75079
of the Revised Code, or for which the director has disapproved	75080
plans and specifications required to be filed by an order issued	75081
under division (A)(5) of that section, after the date prescribed	75082
for commencement of closure of the facility in the order issued	75083
under division (A)(6) of section 3734.05 of the Revised Code	75084
denying the permit application or approval.	75085

On and after the effective date of the rules adopted under	75086
division (A) of this section and division (D) of section 3734.12	75087
of the Revised Code governing solid waste transfer facilities, no	75088
person shall establish a new, or modify an existing, solid waste	75089
transfer facility without first submitting an application for a	75090
permit with accompanying engineering detail plans, specifications,	75091
and information regarding the facility and its method of operation	75092
to the director and receiving a permit issued by the director.	75093

No person shall establish a new compost facility or continue	75094
to operate an existing compost facility that accepts exclusively	75095
source separated yard wastes without submitting a completed	75096
registration for the facility to the director in accordance with	75097
rules adopted under divisions (A) and (N)(3) of this section.	75098

This division does not apply to a generator of infectious	75099
wastes that does any of the following:	75100

(1) Treats, by methods, techniques, and practices established	75101
by rules adopted under division (B)(2)(a) of section 3734.021 of	75102
the Revised Code, any of the following:	75103

(a) Infectious wastes that are generated on any premises that	75104
are owned or operated by the generator;	75105

(b) Infectious wastes that are generated by a generator who	75106
has staff privileges at a hospital as defined in section 3727.01	75107
of the Revised Code;	75108

(c) Infectious wastes that are generated in providing care to	75109
a patient by an emergency medical services organization as defined	75110
in section 4765.01 of the Revised Code.	75111

(2) Holds a license or renewal of a license to operate a	75112
crematory facility issued under Chapter 4717. and a permit issued	75113
under Chapter 3704. of the Revised Code;	75114

(3) Treats or disposes of dead animals or parts thereof, or	75115
the blood of animals, and is subject to any of the following:	75116

(a) Inspection under the "Federal Meat Inspection Act," 81	75117
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	75118

(b) Chapter 918. of the Revised Code;

75119

75120

(D) Neither this chapter nor any rules adopted under it apply	75121
to single-family residential premises; to infectious wastes	75122
generated by individuals for purposes of their own care or	75123
treatment; to the temporary storage of solid wastes, other than	75124
scrap tires, prior to their collection for disposal; to the	75125
storage of one hundred or fewer scrap tires unless they are stored	75126
in such a manner that, in the judgment of the director or the	75127
board of health of the health district in which the scrap tires	75128
are stored, the storage causes a nuisance, a hazard to public	75129
health or safety, or a fire hazard; or to the collection of solid	75130
wastes, other than scrap tires, by a political subdivision or a	75131
person holding a franchise or license from a political subdivision	75132
of the state; to composting, as defined in section 1511.01 of the	75133
Revised Code, conducted in accordance with section 1511.022 of the	75134
Revised Code; or to any person who is licensed to transport raw	75135
rendering material to a compost facility pursuant to section	75136
953.23 of the Revised Code.	75137

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

75138

(a) "On-site facility" means a facility that stores, treats,	75139
or disposes of hazardous waste that is generated on the premises	75140
of the facility.	75141

(b) "Off-site facility" means a facility that stores, treats,	75142
or disposes of hazardous waste that is generated off the premises	75143
of the facility and includes such a facility that is also an	75144
on-site facility.	75145

75146

(i) An on-site facility that also receives hazardous waste	75147
from other premises owned by the same person who generates the	75148
waste on the facility premises;	75149

(ii) An off-site facility operated so that all of the	75150
hazardous waste it receives is generated on one or more premises	75151
owned by the person who owns the facility;	75152

(iii) An on-site facility that also receives hazardous waste	75153
that is transported uninterruptedly and directly to the facility	75154
through a pipeline from a generator who is not the owner of the	75155
facility.	75156

(2) Except as provided in division (E)(3) of this section, no	75157
person shall establish or operate a hazardous waste facility, or	75158
use a solid waste facility for the storage, treatment, or disposal	75159
of any hazardous waste, without a hazardous waste facility	75160
installation and operation permit issued in accordance with	75161
section 3734.05 of the Revised Code and subject to the payment of	75162
an application fee not to exceed one thousand five hundred	75163
dollars, payable upon application for a hazardous waste facility	75164
installation and operation permit and upon application for a	75165
renewal permit issued under division (H) of section 3734.05 of the	75166
Revised Code, to be credited to the hazardous waste facility	75167
management fund created in section 3734.18 of the Revised Code.	75168
The term of a hazardous waste facility installation and operation	75169
permit shall not exceed ten years.	75170

In addition to the application fee, there is hereby levied an	75171
annual permit fee to be paid by the permit holder upon the	75172
anniversaries of the date of issuance of the hazardous waste	75173
facility installation and operation permit and of any subsequent	75174
renewal permits and to be credited to the hazardous waste facility	75175
management fund. Annual permit fees totaling forty thousand	75176
dollars or more for any one facility may be paid on a quarterly	75177
basis with the first quarterly payment each year being due on the	75178
anniversary of the date of issuance of the hazardous waste	75179
facility installation and operation permit and of any subsequent	75180
renewal permits. The annual permit fee shall be determined for	75181
each permit holder by the director in accordance with the	75182
following schedule:	75183

TYPE OF BASIC			75184
MANAGEMENT UNIT	TYPE OF FACILITY	FEE	75185
Storage facility using:			75186
Containers	On-site, off-site, and		75187
	satellite	$ 500	75188
Tanks	On-site, off-site, and		75189
	satellite	500	75190
Waste pile	On-site, off-site, and		75191
	satellite	3,000	75192
Surface impoundment	On-site and satellite	8,000	75193
	Off-site	10,000	75194
Disposal facility using:			75195
Deep well injection	On-site and satellite	15,000	75196
	Off-site	25,000	75197
Landfill	On-site and satellite	25,000	75198
	Off-site	40,000	75199
Land application	On-site and satellite	2,500	75200
	Off-site	5,000	75201
Surface impoundment	On-site and satellite	10,000	75202
	Off-site	20,000	75203
Treatment facility using:			75204
Tanks	On-site, off-site, and		75205
	satellite	700	75206
Surface impoundment	On-site and satellite	8,000	75207
	Off-site	10,000	75208
Incinerator	On-site and satellite	5,000	75209
	Off-site	10,000	75210
Other forms			75211
of treatment	On-site, off-site, and		75212
	satellite	1,000	75213

A hazardous waste disposal facility that disposes of	75214
hazardous waste by deep well injection and that pays the annual	75215
permit fee established in section 6111.046 of the Revised Code is	75216
not subject to the permit fee established in this division for	75217
disposal facilities using deep well injection unless the director	75218
determines that the facility is not in compliance with applicable	75219
requirements established under this chapter and rules adopted	75220
under it.	75221

In determining the annual permit fee required by this	75222
section, the director shall not require additional payments for	75223
multiple units of the same method of storage, treatment, or	75224
disposal or for individual units that are used for both storage	75225
and treatment. A facility using more than one method of storage,	75226
treatment, or disposal shall pay the permit fee indicated by the	75227
schedule for each such method.	75228

The director shall not require the payment of that portion of	75229
an annual permit fee of any permit holder that would apply to a	75230
hazardous waste management unit for which a permit has been	75231
issued, but for which construction has not yet commenced. Once	75232
construction has commenced, the director shall require the payment	75233
of a part of the appropriate fee indicated by the schedule that	75234
bears the same relationship to the total fee that the number of	75235
days remaining until the next anniversary date at which payment of	75236
the annual permit fee is due bears to three hundred sixty-five.	75237

The director, by rules adopted in accordance with Chapters	75238
119. and 3745. of the Revised Code, shall prescribe procedures for	75239
collecting the annual permit fee established by this division and	75240
may prescribe other requirements necessary to carry out this	75241
division.	75242

(3) The prohibition against establishing or operating a	75243
hazardous waste facility without a hazardous waste facility	75244
installation and operation permit does not apply to either of the	75245
following:	75246

(a) A facility that is operating in accordance with a permit	75247
renewal issued under division (H) of section 3734.05 of the	75248
Revised Code, a revision issued under division (I) of that section	75249
as it existed prior to August 20, 1996, or a modification issued	75250
by the director under division (I) of that section on and after	75251
August 20, 1996;	75252

(b) Except as provided in division (J) of section 3734.05 of	75253
the Revised Code, a facility that will operate or is operating in	75254
accordance with a permit by rule, or that is not subject to permit	75255
requirements, under rules adopted by the director. In accordance	75256
with Chapter 119. of the Revised Code, the director shall adopt,	75257
and subsequently may amend, suspend, or rescind, rules for the	75258
purposes of division (E)(3)(b) of this section. Any rules so	75259
adopted shall be consistent with and equivalent to regulations	75260
pertaining to interim status adopted under the "Resource	75261
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	75262
6921, as amended, except as otherwise provided in this chapter.	75263

If a modification is requested or proposed for a facility	75264
described in division (E)(3)(a) or (b) of this section, division	75265
(I)(7) of section 3734.05 of the Revised Code applies.	75266

(F) No person shall store, treat, or dispose of hazardous	75267
waste identified or listed under this chapter and rules adopted	75268
under it, regardless of whether generated on or off the premises	75269
where the waste is stored, treated, or disposed of, or transport	75270
or cause to be transported any hazardous waste identified or	75271
listed under this chapter and rules adopted under it to any other	75272
premises, except at or to any of the following:	75273

(1) A hazardous waste facility operating under a permit	75274
issued in accordance with this chapter;	75275

(2) A facility in another state operating under a license or	75276
permit issued in accordance with the "Resource Conservation and	75277
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	75278
amended;	75279

(3) A facility in another nation operating in accordance with	75280
the laws of that nation;	75281

(4) A facility holding a permit issued pursuant to Title I of	75282
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	75283
Stat. 1052, 33 U.S.C.A. 1401, as amended;	75284

(5) A hazardous waste facility as described in division	75285
(E)(3)(a) or (b) of this section.	75286

(G) The director, by order, may exempt any person generating,	75287
collecting, storing, treating, disposing of, or transporting solid	75288
wastes, infectious wastes, or hazardous waste, or processing solid	75289
wastes that consist of scrap tires, in such quantities or under	75290
such circumstances that, in the determination of the director, are	75291
unlikely to adversely affect the public health or safety or the	75292
environment from any requirement to obtain a registration	75293
certificate, permit, or license or comply with the manifest system	75294
or other requirements of this chapter. Such an exemption shall be	75295
consistent with and equivalent to any regulations adopted by the	75296
administrator of the United States environmental protection agency	75297
under the "Resource Conservation and Recovery Act of 1976," 90	75298
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	75299
provided in this chapter.	75300

(H) No person shall engage in filling, grading, excavating,	75301
building, drilling, or mining on land where a hazardous waste	75302
facility, or a solid waste facility, was operated without prior	75303
authorization from the director, who shall establish the procedure	75304
for granting such authorization by rules adopted in accordance	75305
with Chapter 119. of the Revised Code.	75306

A public utility that has main or distribution lines above or	75307
below the land surface located on an easement or right-of-way	75308
across land where a solid waste facility was operated may engage	75309
in any such activity within the easement or right-of-way without	75310
prior authorization from the director for purposes of performing	75311
emergency repair or emergency replacement of its lines; of the	75312
poles, towers, foundations, or other structures supporting or	75313
sustaining any such lines; or of the appurtenances to those	75314
structures, necessary to restore or maintain existing public	75315
utility service. A public utility may enter upon any such easement	75316
or right-of-way without prior authorization from the director for	75317
purposes of performing necessary or routine maintenance of those	75318
portions of its existing lines; of the existing poles, towers,	75319
foundations, or other structures sustaining or supporting its	75320
lines; or of the appurtenances to any such supporting or	75321
sustaining structure, located on or above the land surface on any	75322
such easement or right-of-way. Within twenty-four hours after	75323
commencing any such emergency repair, replacement, or maintenance	75324
work, the public utility shall notify the director or the	75325
director's authorized representative of those activities and shall	75326
provide such information regarding those activities as the	75327
director or the director's representative may request. Upon	75328
completion of the emergency repair, replacement, or maintenance	75329
activities, the public utility shall restore any land of the solid	75330
waste facility disturbed by those activities to the condition	75331
existing prior to the commencement of those activities.	75332

(I) No owner or operator of a hazardous waste facility, in	75333
the operation of the facility, shall cause, permit, or allow the	75334
emission therefrom of any particulate matter, dust, fumes, gas,	75335
mist, smoke, vapor, or odorous substance that, in the opinion of	75336
the director, unreasonably interferes with the comfortable	75337
enjoyment of life or property by persons living or working in the	75338
vicinity of the facility, or that is injurious to public health.	75339
Any such action is hereby declared to be a public nuisance.	75340

(J) Notwithstanding any other provision of this chapter, in	75341
the event the director finds an imminent and substantial danger to	75342
public health or safety or the environment that creates an	75343
emergency situation requiring the immediate treatment, storage, or	75344
disposal of hazardous waste, the director may issue a temporary	75345
emergency permit to allow the treatment, storage, or disposal of	75346
the hazardous waste at a facility that is not otherwise authorized	75347
by a hazardous waste facility installation and operation permit to	75348
treat, store, or dispose of the waste. The emergency permit shall	75349
not exceed ninety days in duration and shall not be renewed. The	75350
director shall adopt, and may amend, suspend, or rescind, rules in	75351
accordance with Chapter 119. of the Revised Code governing the	75352
issuance, modification, revocation, and denial of emergency	75353
permits.	75354

(K) Except for infectious wastes generated by a person who	75355
produces fewer than fifty pounds of infectious wastes at a	75356
premises during any one month, no owner or operator of a sanitary	75357
landfill shall knowingly accept for disposal, or dispose of, any	75358
infectious wastes that have not been treated to render them	75359
noninfectious.	75360

(L) The director, in accordance with Chapter 119. of the	75361
Revised Code, shall adopt, and may amend, suspend, or rescind,	75362
rules having uniform application throughout the state establishing	75363
a training and certification program that shall be required for	75364
employees of boards of health who are responsible for enforcing	75365
the solid waste and infectious waste provisions of this chapter	75366
and rules adopted under them and for persons who are responsible	75367
for the operation of solid waste facilities or infectious waste	75368
treatment facilities. The rules shall provide all of the	75369
following, without limitation:	75370

(1) The program shall be administered by the director and	75371
shall consist of a course on new solid waste and infectious waste	75372
technologies, enforcement procedures, and rules;	75373

(2) The course shall be offered on an annual basis;

75374

(3) Those persons who are required to take the course under	75375
division (L) of this section shall do so triennially;	75376

(4) Persons who successfully complete the course shall be	75377
certified by the director;	75378

(5) Certification shall be required for all employees of	75379
boards of health who are responsible for enforcing the solid waste	75380
or infectious waste provisions of this chapter and rules adopted	75381
under them and for all persons who are responsible for the	75382
operation of solid waste facilities or infectious waste treatment	75383
facilities;	75384

(6)(a) All employees of a board of health who, on the	75385
effective date of the rules adopted under this division, are	75386
responsible for enforcing the solid waste or infectious waste	75387
provisions of this chapter and the rules adopted under them shall	75388
complete the course and be certified by the director not later	75389
than January 1, 1995;	75390

(b) All employees of a board of health who, after the	75391
effective date of the rules adopted under division (L) of this	75392
section, become responsible for enforcing the solid waste or	75393
infectious waste provisions of this chapter and rules adopted	75394
under them and who do not hold a current and valid certification	75395
from the director at that time shall complete the course and be	75396
certified by the director within two years after becoming	75397
responsible for performing those activities.	75398

No person shall fail to obtain the certification required	75399
under this division.	75400

(M) The director shall not issue a permit under section	75401
3734.05 of the Revised Code to establish a solid waste facility,	75402
or to modify a solid waste facility operating on December 21,	75403
1988, in a manner that expands the disposal capacity or geographic	75404
area covered by the facility, that is or is to be located within	75405
the boundaries of a state park established or dedicated under	75406
Chapter 1541. of the Revised Code, a state park purchase area	75407
established under section 1541.02 of the Revised Code, any unit of	75408
the national park system, or any property that lies within the	75409
boundaries of a national park or recreation area, but that has not	75410
been acquired or is not administered by the secretary of the	75411
United States department of the interior, located in this state,	75412
or any candidate area located in this state and identified for	75413
potential inclusion in the national park system in the edition of	75414
the "national park system plan" submitted under paragraph (b) of	75415
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	75416
U.S.C.A. 1a-5, as amended, current at the time of filing of the	75417
application for the permit, unless the facility or proposed	75418
facility is or is to be used exclusively for the disposal of solid	75419
wastes generated within the park or recreation area and the	75420
director determines that the facility or proposed facility will	75421
not degrade any of the natural or cultural resources of the park	75422
or recreation area. The director shall not issue a variance under	75423
division (A) of this section and rules adopted under it, or issue	75424
an exemption order under division (G) of this section, that would	75425
authorize any such establishment or expansion of a solid waste	75426
facility within the boundaries of any such park or recreation	75427
area, state park purchase area, or candidate area, other than a	75428
solid waste facility exclusively for the disposal of solid wastes	75429
generated within the park or recreation area when the director	75430
determines that the facility will not degrade any of the natural	75431
or cultural resources of the park or recreation area.	75432

(N)(1) The rules adopted under division (A) of this section,	75433
other than those governing variances, do not apply to scrap tire	75434
collection, storage, monocell, monofill, and recovery facilities.	75435
Those facilities are subject to and governed by rules adopted	75436
under sections 3734.70 to 3734.73 of the Revised Code, as	75437
applicable.	75438

(2) Division (C) of this section does not apply to scrap tire	75439
collection, storage, monocell, monofill, and recovery facilities.	75440
The establishment and modification of those facilities are subject	75441
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	75442
Code, as applicable.	75443

(3) The director may adopt, amend, suspend, or rescind rules	75444
under division (A) of this section creating an alternative system	75445
for authorizing the establishment, operation, or modification of a	75446
solid waste compost facility in lieu of the requirement that a	75447
person seeking to establish, operate, or modify a solid waste	75448
compost facility apply for and receive a permit under division (C)	75449
of this section and section 3734.05 of the Revised Code and a	75450
license under division (A)(1) of that section. The rules may	75451
include requirements governing, without limitation, the	75452
classification of solid waste compost facilities, the submittal of	75453
operating records for solid waste compost facilities, and the	75454
creation of a registration or notification system in lieu of the	75455
issuance of permits and licenses for solid waste compost	75456
facilities. The rules shall specify the applicability of divisions	75457
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	75458
Code to a solid waste compost facility.	75459

(O)(1) As used in this division, "secondary aluminum waste"	75460
means waste material or byproducts, when disposed of, containing	75461
aluminum generated from secondary aluminum smelting operations and	75462
consisting of dross, salt cake, baghouse dust associated with	75463
aluminum recycling furnace operations, or dry-milled wastes.	75464

(2) The owner or operator of a sanitary landfill shall not	75465
dispose of municipal solid waste that has been commingled with	75466
secondary aluminum waste.	75467

(3) The owner or operator of a sanitary landfill may dispose	75468
of secondary aluminum waste, but only in a monocell or monofill	75469
that has been permitted for that purpose in accordance with this	75470
chapter and rules adopted under it.	75471

(P)(1) As used in divisions (P) and (Q) of this section:

75472

(a) "Natural background" means two picocuries per gram or the	75473
actual number of picocuries per gram as measured at an individual	75474
solid waste facility, subject to verification by the director of	75475
health.	75476

(b) "Drilling operation" includes a production operation as	75477
defined in section 1509.01 of the Revised Code.	75478

(2) The owner or operator of a solid waste facility shall not	75479
accept for transfer or disposal technologically enhanced naturally	75480
occurring radioactive material if that material contains or is	75481
contaminated with radium-226, radium-228, or any combination of	75482
radium-226 and radium-228 at concentrations equal to or greater	75483
than five picocuries per gram above natural background.	75484

(3) The owner or operator of a solid waste facility may	75485
receive and process for purposes other than transfer or disposal	75486
technologically enhanced naturally occurring radioactive material	75487
that contains or is contaminated with radium-226, radium-228, or	75488
any combination of radium-226 and radium-228 at concentrations	75489
equal to or greater than five picocuries per gram above natural	75490
background, provided that the owner or operator has obtained and	75491
maintains all other necessary authorizations, including any	75492
authorization required by rules adopted by the director of health	75493
under section 3748.04 of the Revised Code.	75494

(4) The director of environmental protection may adopt rules	75495
in accordance with Chapter 119. of the Revised Code governing the	75496
receipt, acceptance, processing, handling, management, and	75497
disposal by solid waste facilities of material that contains or is	75498
contaminated with radioactive material, including, without	75499
limitation, technologically enhanced naturally occurring	75500
radioactive material that contains or is contaminated with	75501
radium-226, radium-228, or any combination of radium-226 and	75502
radium-228 at concentrations less than five picocuries per gram	75503
above natural background. Rules adopted by the director may	75504
include at a minimum both of the following:	75505

(a) Requirements in accordance with which the owner or	75506
operator of a solid waste facility must monitor leachate and	75507
ground water for radium-226, radium-228, and other radionuclides;	75508

(b) Requirements in accordance with which the owner or	75509
operator of a solid waste facility must develop procedures to	75510
ensure that technologically enhanced naturally occurring	75511
radioactive material accepted at the facility neither contains nor	75512
is contaminated with radium-226, radium-228, or any combination of	75513
radium-226 and radium-228 at concentrations equal to or greater	75514
than five picocuries per gram above natural background.	75515

(Q) Notwithstanding any other provision of this section, the	75516
owner or operator of a solid waste facility shall not receive,	75517
accept, process, handle, manage, or dispose of technologically	75518
enhanced naturally occurring radioactive material associated with	75519
drilling operations without first obtaining representative	75520
analytical results to determine compliance with divisions (P)(2)	75521
and (3) of this section and rules adopted under it.	75522

Sec. 3734.125. The director of environmental protection may	75523
adopt rules in accordance with Chapter 119. of the Revised Code	75524
establishing requirements governing the beneficial use of material	75525
from a horizontal well that has come in contact with a refined	75526
oil-based substance and that is not technologically enhanced	75527
naturally occurring radioactive material.	75528

Sec. 3734.28. Except as otherwise provided in sections	75529
3734.281 and 3734.282 of the Revised Code, moneys collected under	75530
sections 3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26	75531
of the Revised Code and under the "Comprehensive Environmental	75532
Response, Compensation, and Liability Act of 1980," 94 Stat. 2767,	75533
42 U.S.C.A. 9601, et seq., as amended, including moneys recovered	75534
under division (B)(1) of this section, shall be paid into the	75535
state treasury to the credit of the hazardous waste clean-up fund,	75536
which is hereby created. In addition, both of the following shall	75537
be credited to the fund:	75538

(A) Moneys recovered for costs paid from the fund for	75539
activities described in divisions (A)(1) and (2) of section	75540
3745.12 of the Revised Code;	75541

(B) Natural resource damage assessment costs recovered under	75542
any of the following:	75543

(1) The "Comprehensive Environmental Response, Compensation,	75544
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et	75545
seq., as amended;	75546

(2) The "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C.	75547
2701, et seq., as amended;	75548

(3) The ~~Federal Water Pollution Control Act as defined in~~	75549
~~section 6111.01 of the Revised Code~~"Clean Water Act of 1977," 91	75550
Stat. 1566, 33 U.S.C. 1321, et seq., as amended;	75551

(4) Any other applicable federal or state law.

75552

The environmental protection agency shall use the moneys in	75553
the fund for the purposes set forth in division (D) of section	75554
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	75555
3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12,	75556
and Chapter 3746. of the Revised Code, including any related	75557
enforcement expenses and administrative expenses of any related	75558
closure or corrective action program. In addition, the agency	75559
shall use the moneys in the fund to pay the state's long-term	75560
operation and maintenance costs or matching share for actions	75561
taken under the "Comprehensive Environmental Response,	75562
Compensation, and Liability Act of 1980," as amended. If those	75563
moneys are reimbursed by grants or other moneys from the United	75564
States or any other person, the moneys shall be placed in the fund	75565
and not in the general revenue fund.	75566

The director of environmental protection may enter into	75567
contracts and grant agreements with federal, state, or local	75568
government agencies, nonprofit organizations, and colleges and	75569
universities for the purpose of carrying out the responsibilities	75570
of the environmental protection agency for which money may be	75571
expended from the fund.	75572

Sec. 3734.57. (A) The following fees are hereby levied on	75573
the transfer or disposal of solid wastes in this state:	75574

(1) One dollar per ton through June 30, ~~2014~~2016, ~~one-half~~	75575
thirty per cent of the proceeds of which shall be deposited in the	75576
state treasury to the credit of the hazardous waste facility	75577
management fund created in section 3734.18 of the Revised Code and	75578
~~one-half~~seventy per cent of the proceeds of which shall be	75579
deposited in the state treasury to the credit of the hazardous	75580
waste clean-up fund created in section 3734.28 of the Revised	75581
Code;	75582

(2) An additional one dollar per ton through June 30, ~~2014~~	75583
2016, the proceeds of which shall be deposited in the state	75584
treasury to the credit of the solid waste fund, which is hereby	75585
created. The environmental protection agency shall use money in	75586
the solid waste fund to pay the costs of administering and	75587
enforcing the laws pertaining to solid wastes, infectious wastes,	75588
and construction and demolition debris, including, without	75589
limitation, ground water evaluations related to solid wastes,	75590
infectious wastes, and construction and demolition debris, under	75591
this chapter and Chapter 3714. of the Revised Code and any rules	75592
adopted under them, providing compliance assistance to small	75593
businesses, and paying a share of the administrative costs of the	75594
environmental protection agency pursuant to section 3745.014 of	75595
the Revised Code.	75596

(3) An additional two dollars and fifty cents per ton through	75597
June 30, ~~2014~~2016, the proceeds of which shall be deposited in	75598
the state treasury to the credit of the environmental protection	75599
fund created in section 3745.015 of the Revised Code;	75600

(4) An additional twenty-five cents per ton through June 30,	75601
~~2013~~2016, the proceeds of which shall be deposited in the state	75602
treasury to the credit of the soil and water conservation district	75603
assistance fund created in section 1515.14 of the Revised Code.	75604

In the case of solid wastes that are taken to a solid waste	75605
transfer facility located in this state prior to being transported	75606
for disposal at a solid waste disposal facility located in this	75607
state or outside of this state, the fees levied under this	75608
division shall be collected by the owner or operator of the	75609
transfer facility as a trustee for the state. The amount of fees	75610
required to be collected under this division at such a transfer	75611
facility shall equal the total tonnage of solid wastes received at	75612
the facility multiplied by the fees levied under this division. In	75613
the case of solid wastes that are not taken to a solid waste	75614
transfer facility located in this state prior to being transported	75615
to a solid waste disposal facility, the fees shall be collected by	75616
the owner or operator of the solid waste disposal facility as a	75617
trustee for the state. The amount of fees required to be collected	75618
under this division at such a disposal facility shall equal the	75619
total tonnage of solid wastes received at the facility that was	75620
not previously taken to a solid waste transfer facility located in	75621
this state multiplied by the fees levied under this division. Fees	75622
levied under this division do not apply to materials separated	75623
from a mixed waste stream for recycling by a generator or	75624
materials removed from the solid waste stream through recycling,	75625
as "recycling" is defined in rules adopted under section 3734.02	75626
of the Revised Code.	75627

The owner or operator of a solid waste transfer facility or	75628
disposal facility, as applicable, shall prepare and file with the	75629
director of environmental protection each month a return	75630
indicating the total tonnage of solid wastes received at the	75631
facility during that month and the total amount of the fees	75632
required to be collected under this division during that month. In	75633
addition, the owner or operator of a solid waste disposal facility	75634
shall indicate on the return the total tonnage of solid wastes	75635
received from transfer facilities located in this state during	75636
that month for which the fees were required to be collected by the	75637
transfer facilities. The monthly returns shall be filed on a form	75638
prescribed by the director. Not later than thirty days after the	75639
last day of the month to which a return applies, the owner or	75640
operator shall mail to the director the return for that month	75641
together with the fees required to be collected under this	75642
division during that month as indicated on the return or may	75643
submit the return and fees electronically in a manner approved by	75644
the director. If the return is filed and the amount of the fees	75645
due is paid in a timely manner as required in this division, the	75646
owner or operator may retain a discount of three-fourths of one	75647
per cent of the total amount of the fees that are required to be	75648
paid as indicated on the return.	75649

The owner or operator may request an extension of not more	75650
than thirty days for filing the return and remitting the fees,	75651
provided that the owner or operator has submitted such a request	75652
in writing to the director together with a detailed description of	75653
why the extension is requested, the director has received the	75654
request not later than the day on which the return is required to	75655
be filed, and the director has approved the request. If the fees	75656
are not remitted within thirty days after the last day of the	75657
month to which the return applies or are not remitted by the last	75658
day of an extension approved by the director, the owner or	75659
operator shall not retain the three-fourths of one per cent	75660
discount and shall pay an additional ten per cent of the amount of	75661
the fees for each month that they are late. For purposes of	75662
calculating the late fee, the first month in which fees are late	75663
begins on the first day after the deadline has passed for timely	75664
submitting the return and fees, and one additional month shall be	75665
counted every thirty days thereafter.	75666

The owner or operator of a solid waste facility may request a	75667
refund or credit of fees levied under this division and remitted	75668
to the director that have not been paid to the owner or operator.	75669
Such a request shall be made only if the fees have not been	75670
collected by the owner or operator, have become a debt that has	75671
become worthless or uncollectable for a period of six months or	75672
more, and may be claimed as a deduction, including a deduction	75673
claimed if the owner or operator keeps accounts on an accrual	75674
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	75675
U.S.C. 166, as amended, and regulations adopted under it. Prior to	75676
making a request for a refund or credit, an owner or operator	75677
shall make reasonable efforts to collect the applicable fees. A	75678
request for a refund or credit shall not include any costs	75679
resulting from those efforts to collect unpaid fees.	75680

A request for a refund or credit of fees shall be made in	75681
writing, on a form prescribed by the director, and shall be	75682
supported by evidence that may be required in rules adopted by the	75683
director under this chapter. After reviewing the request, and if	75684
the request and evidence submitted with the request indicate that	75685
a refund or credit is warranted, the director shall grant a refund	75686
to the owner or operator or shall permit a credit to be taken by	75687
the owner or operator on a subsequent monthly return submitted by	75688
the owner or operator. The amount of a refund or credit shall not	75689
exceed an amount that is equal to ninety days' worth of fees owed	75690
to an owner or operator by a particular debtor of the owner or	75691
operator. A refund or credit shall not be granted by the director	75692
to an owner or operator more than once in any twelve-month period	75693
for fees owed to the owner or operator by a particular debtor.	75694

If, after receiving a refund or credit from the director, an	75695
owner or operator receives payment of all or part of the fees, the	75696
owner or operator shall remit the fees with the next monthly	75697
return submitted to the director together with a written	75698
explanation of the reason for the submittal.	75699

For purposes of computing the fees levied under this division	75700
or division (B) of this section, any solid waste transfer or	75701
disposal facility that does not use scales as a means of	75702
determining gate receipts shall use a conversion factor of three	75703
cubic yards per ton of solid waste or one cubic yard per ton for	75704
baled waste, as applicable.	75705

The fees levied under this division and divisions (B) and (C)	75706
of this section are in addition to all other applicable fees and	75707
taxes and shall be paid by the customer or a political subdivision	75708
to the owner or operator of a solid waste transfer or disposal	75709
facility. In the alternative, the fees shall be paid by a customer	75710
or political subdivision to a transporter of waste who	75711
subsequently transfers the fees to the owner or operator of such a	75712
facility. The fees shall be paid notwithstanding the existence of	75713
any provision in a contract that the customer or a political	75714
subdivision may have with the owner or operator or with a	75715
transporter of waste to the facility that would not require or	75716
allow such payment regardless of whether the contract was entered	75717
prior to or after October 16, 2009. For those purposes, "customer"	75718
means a person who contracts with, or utilizes the solid waste	75719
services of, the owner or operator of a solid waste transfer or	75720
disposal facility or a transporter of solid waste to such a	75721
facility.	75722

(B) For the purposes specified in division (G) of this	75723
section, the solid waste management policy committee of a county	75724
or joint solid waste management district may levy fees upon the	75725
following activities:	75726

(1) The disposal at a solid waste disposal facility located	75727
in the district of solid wastes generated within the district;	75728

(2) The disposal at a solid waste disposal facility within	75729
the district of solid wastes generated outside the boundaries of	75730
the district, but inside this state;	75731

(3) The disposal at a solid waste disposal facility within	75732
the district of solid wastes generated outside the boundaries of	75733
this state.	75734

The solid waste management plan of the county or joint	75735
district approved under section 3734.521 or 3734.55 of the Revised	75736
Code and any amendments to it, or the resolution adopted under	75737
this division, as appropriate, shall establish the rates of the	75738
fees levied under divisions (B)(1), (2), and (3) of this section,	75739
if any, and shall specify whether the fees are levied on the basis	75740
of tons or cubic yards as the unit of measurement. A solid waste	75741
management district that levies fees under this division on the	75742
basis of cubic yards shall do so in accordance with division (A)	75743
of this section.	75744

The fee levied under division (B)(1) of this section shall be	75745
not less than one dollar per ton nor more than two dollars per	75746
ton, the fee levied under division (B)(2) of this section shall be	75747
not less than two dollars per ton nor more than four dollars per	75748
ton, and the fee levied under division (B)(3) of this section	75749
shall be not more than the fee levied under division (B)(1) of	75750
this section.	75751

Prior to the approval of the solid waste management plan of a	75752
district under section 3734.55 of the Revised Code, the solid	75753
waste management policy committee of a district may levy fees	75754
under this division by adopting a resolution establishing the	75755
proposed amount of the fees. Upon adopting the resolution, the	75756
committee shall deliver a copy of the resolution to the board of	75757
county commissioners of each county forming the district and to	75758
the legislative authority of each municipal corporation and	75759
township under the jurisdiction of the district and shall prepare	75760
and publish the resolution and a notice of the time and location	75761
where a public hearing on the fees will be held. Upon adopting the	75762
resolution, the committee shall deliver written notice of the	75763
adoption of the resolution; of the amount of the proposed fees;	75764
and of the date, time, and location of the public hearing to the	75765
director and to the fifty industrial, commercial, or institutional	75766
generators of solid wastes within the district that generate the	75767
largest quantities of solid wastes, as determined by the	75768
committee, and to their local trade associations. The committee	75769
shall make good faith efforts to identify those generators within	75770
the district and their local trade associations, but the	75771
nonprovision of notice under this division to a particular	75772
generator or local trade association does not invalidate the	75773
proceedings under this division. The publication shall occur at	75774
least thirty days before the hearing. After the hearing, the	75775
committee may make such revisions to the proposed fees as it	75776
considers appropriate and thereafter, by resolution, shall adopt	75777
the revised fee schedule. Upon adopting the revised fee schedule,	75778
the committee shall deliver a copy of the resolution doing so to	75779
the board of county commissioners of each county forming the	75780
district and to the legislative authority of each municipal	75781
corporation and township under the jurisdiction of the district.	75782
Within sixty days after the delivery of a copy of the resolution	75783
adopting the proposed revised fees by the policy committee, each	75784
such board and legislative authority, by ordinance or resolution,	75785
shall approve or disapprove the revised fees and deliver a copy of	75786
the ordinance or resolution to the committee. If any such board or	75787
legislative authority fails to adopt and deliver to the policy	75788
committee an ordinance or resolution approving or disapproving the	75789
revised fees within sixty days after the policy committee	75790
delivered its resolution adopting the proposed revised fees, it	75791
shall be conclusively presumed that the board or legislative	75792
authority has approved the proposed revised fees. The committee	75793
shall determine if the resolution has been ratified in the same	75794
manner in which it determines if a draft solid waste management	75795
plan has been ratified under division (B) of section 3734.55 of	75796
the Revised Code.	75797

The committee may amend the schedule of fees levied pursuant	75798
to a resolution adopted and ratified under this division by	75799
adopting a resolution establishing the proposed amount of the	75800
amended fees. The committee may repeal the fees levied pursuant to	75801
such a resolution by adopting a resolution proposing to repeal	75802
them. Upon adopting such a resolution, the committee shall proceed	75803
to obtain ratification of the resolution in accordance with this	75804
division.	75805

Not later than fourteen days after declaring the new fees to	75806
be ratified or the fees to be repealed under this division, the	75807
committee shall notify by certified mail the owner or operator of	75808
each solid waste disposal facility that is required to collect the	75809
fees of the ratification and the amount of the fees or of the	75810
repeal of the fees. Collection of any fees shall commence or	75811
collection of repealed fees shall cease on the first day of the	75812
second month following the month in which notification is sent to	75813
the owner or operator.	75814

Fees levied under this division also may be established,	75815
amended, or repealed by a solid waste management policy committee	75816
through the adoption of a new district solid waste management	75817
plan, the adoption of an amended plan, or the amendment of the	75818
plan or amended plan in accordance with sections 3734.55 and	75819
3734.56 of the Revised Code or the adoption or amendment of a	75820
district plan in connection with a change in district composition	75821
under section 3734.521 of the Revised Code.	75822

Not later than fourteen days after the director issues an	75823
order approving a district's solid waste management plan, amended	75824
plan, or amendment to a plan or amended plan that establishes,	75825
amends, or repeals a schedule of fees levied by the district, the	75826
committee shall notify by certified mail the owner or operator of	75827
each solid waste disposal facility that is required to collect the	75828
fees of the approval of the plan or amended plan, or the amendment	75829
to the plan, as appropriate, and the amount of the fees, if any.	75830
In the case of an initial or amended plan approved under section	75831
3734.521 of the Revised Code in connection with a change in	75832
district composition, other than one involving the withdrawal of a	75833
county from a joint district, the committee, within fourteen days	75834
after the change takes effect pursuant to division (G) of that	75835
section, shall notify by certified mail the owner or operator of	75836
each solid waste disposal facility that is required to collect the	75837
fees that the change has taken effect and of the amount of the	75838
fees, if any. Collection of any fees shall commence or collection	75839
of repealed fees shall cease on the first day of the second month	75840
following the month in which notification is sent to the owner or	75841
operator.	75842

If, in the case of a change in district composition involving	75843
the withdrawal of a county from a joint district, the director	75844
completes the actions required under division (G)(1) or (3) of	75845
section 3734.521 of the Revised Code, as appropriate, forty-five	75846
days or more before the beginning of a calendar year, the policy	75847
committee of each of the districts resulting from the change that	75848
obtained the director's approval of an initial or amended plan in	75849
connection with the change, within fourteen days after the	75850
director's completion of the required actions, shall notify by	75851
certified mail the owner or operator of each solid waste disposal	75852
facility that is required to collect the district's fees that the	75853
change is to take effect on the first day of January immediately	75854
following the issuance of the notice and of the amount of the fees	75855
or amended fees levied under divisions (B)(1) to (3) of this	75856
section pursuant to the district's initial or amended plan as so	75857
approved or, if appropriate, the repeal of the district's fees by	75858
that initial or amended plan. Collection of any fees set forth in	75859
such a plan or amended plan shall commence on the first day of	75860
January immediately following the issuance of the notice. If such	75861
an initial or amended plan repeals a schedule of fees, collection	75862
of the fees shall cease on that first day of January.	75863

If, in the case of a change in district composition involving	75864
the withdrawal of a county from a joint district, the director	75865
completes the actions required under division (G)(1) or (3) of	75866
section 3734.521 of the Revised Code, as appropriate, less than	75867
forty-five days before the beginning of a calendar year, the	75868
director, on behalf of each of the districts resulting from the	75869
change that obtained the director's approval of an initial or	75870
amended plan in connection with the change proceedings, shall	75871
notify by certified mail the owner or operator of each solid waste	75872
disposal facility that is required to collect the district's fees	75873
that the change is to take effect on the first day of January	75874
immediately following the mailing of the notice and of the amount	75875
of the fees or amended fees levied under divisions (B)(1) to (3)	75876
of this section pursuant to the district's initial or amended plan	75877
as so approved or, if appropriate, the repeal of the district's	75878
fees by that initial or amended plan. Collection of any fees set	75879
forth in such a plan or amended plan shall commence on the first	75880
day of the second month following the month in which notification	75881
is sent to the owner or operator. If such an initial or amended	75882
plan repeals a schedule of fees, collection of the fees shall	75883
cease on the first day of the second month following the month in	75884
which notification is sent to the owner or operator.	75885

If the schedule of fees that a solid waste management	75886
district is levying under divisions (B)(1) to (3) of this section	75887
is amended or repealed, the fees in effect immediately prior to	75888
the amendment or repeal shall continue to be collected until	75889
collection of the amended fees commences or collection of the	75890
repealed fees ceases, as applicable, as specified in this	75891
division. In the case of a change in district composition, money	75892
so received from the collection of the fees of the former	75893
districts shall be divided among the resulting districts in	75894
accordance with division (B) of section 343.012 of the Revised	75895
Code and the agreements entered into under division (B) of section	75896
343.01 of the Revised Code to establish the former and resulting	75897
districts and any amendments to those agreements.	75898

For the purposes of the provisions of division (B) of this	75899
section establishing the times when newly established or amended	75900
fees levied by a district are required to commence and the	75901
collection of fees that have been amended or repealed is required	75902
to cease, "fees" or "schedule of fees" includes, in addition to	75903
fees levied under divisions (B)(1) to (3) of this section, those	75904
levied under section 3734.573 or 3734.574 of the Revised Code.	75905

(C) For the purposes of defraying the added costs to a	75906
municipal corporation or township of maintaining roads and other	75907
public facilities and of providing emergency and other public	75908
services, and compensating a municipal corporation or township for	75909
reductions in real property tax revenues due to reductions in real	75910
property valuations resulting from the location and operation of a	75911
solid waste disposal facility within the municipal corporation or	75912
township, a municipal corporation or township in which such a	75913
solid waste disposal facility is located may levy a fee of not	75914
more than twenty-five cents per ton on the disposal of solid	75915
wastes at a solid waste disposal facility located within the	75916
boundaries of the municipal corporation or township regardless of	75917
where the wastes were generated.	75918

The legislative authority of a municipal corporation or	75919
township may levy fees under this division by enacting an	75920
ordinance or adopting a resolution establishing the amount of the	75921
fees. Upon so doing the legislative authority shall mail a	75922
certified copy of the ordinance or resolution to the board of	75923
county commissioners or directors of the county or joint solid	75924
waste management district in which the municipal corporation or	75925
township is located or, if a regional solid waste management	75926
authority has been formed under section 343.011 of the Revised	75927
Code, to the board of trustees of that regional authority, the	75928
owner or operator of each solid waste disposal facility in the	75929
municipal corporation or township that is required to collect the	75930
fee by the ordinance or resolution, and the director of	75931
environmental protection. Although the fees levied under this	75932
division are levied on the basis of tons as the unit of	75933
measurement, the legislative authority, in its ordinance or	75934
resolution levying the fees under this division, may direct that	75935
the fees be levied on the basis of cubic yards as the unit of	75936
measurement based upon a conversion factor of three cubic yards	75937
per ton generally or one cubic yard per ton for baled wastes.	75938

Not later than five days after enacting an ordinance or	75939
adopting a resolution under this division, the legislative	75940
authority shall so notify by certified mail the owner or operator	75941
of each solid waste disposal facility that is required to collect	75942
the fee. Collection of any fee levied on or after March 24, 1992,	75943
shall commence on the first day of the second month following the	75944
month in which notification is sent to the owner or operator.	75945

(D)(1) The fees levied under divisions (A), (B), and (C) of	75946
this section do not apply to the disposal of solid wastes that:	75947

(a) Are disposed of at a facility owned by the generator of	75948
the wastes when the solid waste facility exclusively disposes of	75949
solid wastes generated at one or more premises owned by the	75950
generator regardless of whether the facility is located on a	75951
premises where the wastes are generated;	75952

(b) Are generated from the combustion of coal, or from the	75953
combustion of primarily coal, regardless of whether the disposal	75954
facility is located on the premises where the wastes are	75955
generated;	75956

(c) Are asbestos or asbestos-containing materials or products	75957
disposed of at a construction and demolition debris facility that	75958
is licensed under Chapter 3714. of the Revised Code or at a solid	75959
waste facility that is licensed under this chapter.	75960

(2) Except as provided in section 3734.571 of the Revised	75961
Code, any fees levied under division (B)(1) of this section apply	75962
to solid wastes originating outside the boundaries of a county or	75963
joint district that are covered by an agreement for the joint use	75964
of solid waste facilities entered into under section 343.02 of the	75965
Revised Code by the board of county commissioners or board of	75966
directors of the county or joint district where the wastes are	75967
generated and disposed of.	75968

(3) When solid wastes, other than solid wastes that consist	75969
of scrap tires, are burned in a disposal facility that is an	75970
incinerator or energy recovery facility, the fees levied under	75971
divisions (A), (B), and (C) of this section shall be levied upon	75972
the disposal of the fly ash and bottom ash remaining after burning	75973
of the solid wastes and shall be collected by the owner or	75974
operator of the sanitary landfill where the ash is disposed of.	75975

(4) When solid wastes are delivered to a solid waste transfer	75976
facility, the fees levied under divisions (B) and (C) of this	75977
section shall be levied upon the disposal of solid wastes	75978
transported off the premises of the transfer facility for disposal	75979
and shall be collected by the owner or operator of the solid waste	75980
disposal facility where the wastes are disposed of.	75981

(5) The fees levied under divisions (A), (B), and (C) of this	75982
section do not apply to sewage sludge that is generated by a waste	75983
water treatment facility holding a national pollutant discharge	75984
elimination system permit and that is disposed of through	75985
incineration, land application, or composting or at another	75986
resource recovery or disposal facility that is not a landfill.	75987

(6) The fees levied under divisions (A), (B), and (C) of this	75988
section do not apply to solid wastes delivered to a solid waste	75989
composting facility for processing. When any unprocessed solid	75990
waste or compost product is transported off the premises of a	75991
composting facility and disposed of at a landfill, the fees levied	75992
under divisions (A), (B), and (C) of this section shall be	75993
collected by the owner or operator of the landfill where the	75994
unprocessed waste or compost product is disposed of.	75995

(7) When solid wastes that consist of scrap tires are	75996
processed at a scrap tire recovery facility, the fees levied under	75997
divisions (A), (B), and (C) of this section shall be levied upon	75998
the disposal of the fly ash and bottom ash or other solid wastes	75999
remaining after the processing of the scrap tires and shall be	76000
collected by the owner or operator of the solid waste disposal	76001
facility where the ash or other solid wastes are disposed of.	76002

(8) The director of environmental protection may issue an	76003
order exempting from the fees levied under this section solid	76004
wastes, including, but not limited to, scrap tires, that are	76005
generated, transferred, or disposed of as a result of a contract	76006
providing for the expenditure of public funds entered into by the	76007
administrator or regional administrator of the United States	76008
environmental protection agency, the director of environmental	76009
protection, or the director of administrative services on behalf	76010
of the director of environmental protection for the purpose of	76011
remediating conditions at a hazardous waste facility, solid waste	76012
facility, or other location at which the administrator or regional	76013
administrator or the director of environmental protection has	76014
reason to believe that there is a substantial threat to public	76015
health or safety or the environment or that the conditions are	76016
causing or contributing to air or water pollution or soil	76017
contamination. An order issued by the director of environmental	76018
protection under division (D)(8) of this section shall include a	76019
determination that the amount of the fees not received by a solid	76020
waste management district as a result of the order will not	76021
adversely impact the implementation and financing of the	76022
district's approved solid waste management plan and any approved	76023
amendments to the plan. Such an order is a final action of the	76024
director of environmental protection.	76025

(E) The fees levied under divisions (B) and (C) of this	76026
section shall be collected by the owner or operator of the solid	76027
waste disposal facility where the wastes are disposed of as a	76028
trustee for the county or joint district and municipal corporation	76029
or township where the wastes are disposed of. Moneys from the fees	76030
levied under division (B) of this section shall be forwarded to	76031
the board of county commissioners or board of directors of the	76032
district in accordance with rules adopted under division (H) of	76033
this section. Moneys from the fees levied under division (C) of	76034
this section shall be forwarded to the treasurer or such other	76035
officer of the municipal corporation as, by virtue of the charter,	76036
has the duties of the treasurer or to the fiscal officer of the	76037
township, as appropriate, in accordance with those rules.	76038

(F) Moneys received by the treasurer or other officer of the	76039
municipal corporation under division (E) of this section shall be	76040
paid into the general fund of the municipal corporation. Moneys	76041
received by the fiscal officer of the township under that division	76042
shall be paid into the general fund of the township. The treasurer	76043
or other officer of the municipal corporation or the township	76044
fiscal officer, as appropriate, shall maintain separate records of	76045
the moneys received from the fees levied under division (C) of	76046
this section.	76047

(G) Moneys received by the board of county commissioners or	76048
board of directors under division (E) of this section or section	76049
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	76050
shall be paid to the county treasurer, or other official acting in	76051
a similar capacity under a county charter, in a county district or	76052
to the county treasurer or other official designated by the board	76053
of directors in a joint district and kept in a separate and	76054
distinct fund to the credit of the district. If a regional solid	76055
waste management authority has been formed under section 343.011	76056
of the Revised Code, moneys received by the board of trustees of	76057
that regional authority under division (E) of this section shall	76058
be kept by the board in a separate and distinct fund to the credit	76059
of the district. Moneys in the special fund of the county or joint	76060
district arising from the fees levied under division (B) of this	76061
section and the fee levied under division (A) of section 3734.573	76062
of the Revised Code shall be expended by the board of county	76063
commissioners or directors of the district in accordance with the	76064
district's solid waste management plan or amended plan approved	76065
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	76066
exclusively for the following purposes:	76067

(1) Preparation of the solid waste management plan of the	76068
district under section 3734.54 of the Revised Code, monitoring	76069
implementation of the plan, and conducting the periodic review and	76070
amendment of the plan required by section 3734.56 of the Revised	76071
Code by the solid waste management policy committee;	76072

(2) Implementation of the approved solid waste management	76073
plan or amended plan of the district, including, without	76074
limitation, the development and implementation of solid waste	76075
recycling or reduction programs;	76076

(3) Providing financial assistance to boards of health within	76077
the district, if solid waste facilities are located within the	76078
district, for enforcement of this chapter and rules, orders, and	76079
terms and conditions of permits, licenses, and variances adopted	76080
or issued under it, other than the hazardous waste provisions of	76081
this chapter and rules adopted and orders and terms and conditions	76082
of permits issued under those provisions;	76083

(4) Providing financial assistance to each county within the	76084
district to defray the added costs of maintaining roads and other	76085
public facilities and of providing emergency and other public	76086
services resulting from the location and operation of a solid	76087
waste facility within the county under the district's approved	76088
solid waste management plan or amended plan;	76089

(5) Pursuant to contracts entered into with boards of health	76090
within the district, if solid waste facilities contained in the	76091
district's approved plan or amended plan are located within the	76092
district, for paying the costs incurred by those boards of health	76093
for collecting and analyzing samples from public or private water	76094
wells on lands adjacent to those facilities;	76095

(6) Developing and implementing a program for the inspection	76096
of solid wastes generated outside the boundaries of this state	76097
that are disposed of at solid waste facilities included in the	76098
district's approved solid waste management plan or amended plan;	76099

(7) Providing financial assistance to boards of health within	76100
the district for the enforcement of section 3734.03 of the Revised	76101
Code or to local law enforcement agencies having jurisdiction	76102
within the district for enforcing anti-littering laws and	76103
ordinances;	76104

(8) Providing financial assistance to boards of health of	76105
health districts within the district that are on the approved list	76106
under section 3734.08 of the Revised Code to defray the costs to	76107
the health districts for the participation of their employees	76108
responsible for enforcement of the solid waste provisions of this	76109
chapter and rules adopted and orders and terms and conditions of	76110
permits, licenses, and variances issued under those provisions in	76111
the training and certification program as required by rules	76112
adopted under division (L) of section 3734.02 of the Revised Code;	76113

(9) Providing financial assistance to individual municipal	76114
corporations and townships within the district to defray their	76115
added costs of maintaining roads and other public facilities and	76116
of providing emergency and other public services resulting from	76117
the location and operation within their boundaries of a	76118
composting, energy or resource recovery, incineration, or	76119
recycling facility that either is owned by the district or is	76120
furnishing solid waste management facility or recycling services	76121
to the district pursuant to a contract or agreement with the board	76122
of county commissioners or directors of the district;	76123

(10) Payment of any expenses that are agreed to, awarded, or	76124
ordered to be paid under section 3734.35 of the Revised Code and	76125
of any administrative costs incurred pursuant to that section. In	76126
the case of a joint solid waste management district, if the board	76127
of county commissioners of one of the counties in the district is	76128
negotiating on behalf of affected communities, as defined in that	76129
section, in that county, the board shall obtain the approval of	76130
the board of directors of the district in order to expend moneys	76131
for administrative costs incurred.	76132

Prior to the approval of the district's solid waste	76133
management plan under section 3734.55 of the Revised Code, moneys	76134
in the special fund of the district arising from the fees shall be	76135
expended for those purposes in the manner prescribed by the solid	76136
waste management policy committee by resolution.	76137

Notwithstanding division (G)(6) of this section as it existed	76138
prior to October 29, 1993, or any provision in a district's solid	76139
waste management plan prepared in accordance with division	76140
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	76141
prior to that date, any moneys arising from the fees levied under	76142
division (B)(3) of this section prior to January 1, 1994, may be	76143
expended for any of the purposes authorized in divisions (G)(1) to	76144
(10) of this section.	76145

(H) The director shall adopt rules in accordance with Chapter	76146
119. of the Revised Code prescribing procedures for collecting and	76147
forwarding the fees levied under divisions (B) and (C) of this	76148
section to the boards of county commissioners or directors of	76149
county or joint solid waste management districts and to the	76150
treasurers or other officers of municipal corporations and the	76151
fiscal officers of townships. The rules also shall prescribe the	76152
dates for forwarding the fees to the boards and officials and may	76153
prescribe any other requirements the director considers necessary	76154
or appropriate to implement and administer divisions (A), (B), and	76155
(C) of this section.	76156

Sec. 3734.901. (A)(1) For the purpose of providing revenue	76157
to defray the cost of administering and enforcing the scrap tire	76158
provisions of this chapter, rules adopted under those provisions,	76159
and terms and conditions of orders, variances, and licenses issued	76160
under those provisions; to abate accumulations of scrap tires; to	76161
make grants supporting market development activities for scrap	76162
tires and synthetic rubber from tire manufacturing processes and	76163
tire recycling processes and to support scrap tire amnesty and	76164
cleanup events; to make loans to promote the recycling or recovery	76165
of energy from scrap tires; and to defray the costs of	76166
administering and enforcing sections 3734.90 to 3734.9014 of the	76167
Revised Code, a fee of fifty cents per tire is hereby levied on	76168
the sale of tires. The proceeds of the fee shall be deposited in	76169
the state treasury to the credit of the scrap tire management fund	76170
created in section 3734.82 of the Revised Code. The fee is levied	76171
from the first day of the calendar month that begins next after	76172
thirty days from October 29, 1993, through June 30, ~~2013~~2016.	76173

(2) Beginning on July 1, 2011, and ending on June 30, ~~2013~~	76174
2016, there is hereby levied an additional fee of fifty cents per	76175
tire on the sale of tires the proceeds of which shall be deposited	76176
in the state treasury to the credit of the soil and water	76177
conservation district assistance fund created in section 1515.14	76178
of the Revised Code.	76179

(B) Only one sale of the same article shall be used in	76180
computing the amount of the fee due.	76181

Sec. 3734.907. (A) Any person required to pay the fee	76182
imposed by section 3734.901 of the Revised Code is personally	76183
liable for the fee. The tax commissioner may make an assessment,	76184
based upon any information in the commissioner's possession,	76185
against any person who fails to file a return or pay any fee,	76186
interest, or additional charge as required by sections 3734.90 to	76187
3734.9014 of the Revised Code. The commissioner shall give the	76188
person assessed written notice of the assessment in the manner	76189
provided in section 5703.37 of the Revised Code. With the notice,	76190
the commissioner shall provide instructions on how to petition for	76191
reassessment and request a hearing on the petition.	76192

(B) When the information in the possession of the tax	76193
commissioner indicates that a person liable for the fee imposed by	76194
section 3734.901 of the Revised Code has not paid the full amount	76195
of fee due, the commissioner may audit a representative sample of	76196
the person's business and may issue an assessment based on the	76197
audit.	76198

(C) A penalty of up to fifteen per cent may be added to all	76199
amounts assessed under this section. The commissioner may adopt	76200
rules providing for the imposition and remission of the penalties.	76201

(D) Unless the person assessed files with the tax	76202
commissioner within sixty days after service of the notice of	76203
assessment, either personally or by certified mail, a written	76204
petition for reassessment signed by the person assessed or that	76205
person's authorized agent having knowledge of the facts, the	76206
assessment becomes final and the amount of the assessment is due	76207
and payable from the person assessed to the treasurer of state.	76208
The petition shall indicate the objections of the person assessed,	76209
but additional objections may be raised in writing if received by	76210
the commissioner prior to the date shown on the final	76211
determination. If the petition has been properly filed, the	76212
commissioner shall proceed under section 5703.60 of the Revised	76213
Code.	76214

(E) After an assessment becomes final, if any portion of the	76215
assessment, including accrued interest, remains unpaid, a	76216
certified copy of the tax commissioner's entry making the	76217
assessment final may be filed in the office of the clerk of the	76218
court of common pleas in the county in which the person assessed	76219
resides or in which the person's business is conducted. If the	76220
person assessed maintains no place of business in this state and	76221
is not a resident of this state, the certified copy of the entry	76222
may be filed in the office of the clerk of the court of common	76223
pleas of Franklin county.	76224

Immediately upon the filing of the entry, the clerk shall	76225
enter a judgment for the state against the person assessed in the	76226
amount shown on the entry. The judgment may be filed by the clerk	76227
in a loose-leaf book entitled "special judgments for state tire	76228
fee," and shall have the same effect as other judgments. Execution	76229
shall issue upon the judgment upon the request of the tax	76230
commissioner, and all laws applicable to sales on execution shall	76231
apply to sales made under the judgment.	76232

~~The portion of~~If the assessment is not paid in its entirety	76233
within sixty days after the day the assessment was issued, the	76234
portion of the assessment consisting of the fee due shall bear	76235
interest at the rate per annum prescribed by section 5703.47 of	76236
the Revised Code from the day the commissioner issues the	76237
assessment until the day the assessment is paid or until it is	76238
certified to the attorney general for collection under section	76239
131.02 of the Revised Code, whichever comes first. If the unpaid	76240
portion of the assessment is certified to the attorney general for	76241
collection, the entire unpaid portion of the assessment shall bear	76242
interest at the rate per annum prescribed by section 5703.47 of	76243
the Revised Code from the date of certification until the date it	76244
is paid in its entirety. Interest shall be paid in the same manner	76245
as the fee and may be collected by the issuance of an assessment	76246
under this section.	76247

(F) If the tax commissioner believes that collection of the	76248
fee will be jeopardized unless proceedings to collect or secure	76249
collection of the fee are instituted without delay, the	76250
commissioner may issue a jeopardy assessment against the person	76251
liable for the fee. Immediately upon the issuance of the jeopardy	76252
assessment, the commissioner shall file an entry with the clerk of	76253
the court of common pleas in the manner prescribed by division (E)	76254
of this section. Notice of the jeopardy assessment shall be served	76255
on the person assessed or the person's legal representative, as	76256
provided in section 5703.37 of the Revised Code, within five days	76257
of the filing of the entry with the clerk. The total amount	76258
assessed is immediately due and payable, unless the person	76259
assessed files a petition for reassessment in accordance with	76260
division (D) of this section and provides security in a form	76261
satisfactory to the commissioner and in an amount sufficient to	76262
satisfy the unpaid balance of the assessment. Full or partial	76263
payment of the assessment does not prejudice the commissioner's	76264
consideration of the petition for reassessment.	76265

(G) All money collected by the tax commissioner under this	76266
section shall be paid to the treasurer of state as revenue arising	76267
from the fee imposed by section 3734.901 of the Revised Code.	76268

Sec. 3735.58. (A) The director of ~~mental health~~mental	76269
health and addiction services, the director of developmental	76270
disabilities, or the director of rehabilitation and correction may	76271
enter into contracts for the sale of land not needed by their	76272
departments and under their jurisdiction or supervision to	76273
metropolitan housing authorities for use by such an authority for	76274
a housing project or projects. Such contract may contain such	76275
conditions and terms as are, in the discretion of the directors,	76276
in the best interests of the state and the welfare of the	76277
residents of the state.	76278

(B) The director may, upon receipt of a request from a	76279
metropolitan housing authority, request the approval of the	76280
governor to sell and convey land not needed by the director's	76281
department and under the director's jurisdiction or supervision to	76282
an authority, subject to such terms and conditions consistent with	76283
the public interest and welfare of the residents of the state as	76284
the director considers necessary. The governor, with the approval	76285
of the controlling board, may approve the request. Such property	76286
shall be appraised at its fair market value before it is conveyed.	76287
The director of administrative services shall cause it to be	76288
appraised by three disinterested persons and shall determine the	76289
fee which each appraiser shall receive, not to exceed fifty	76290
dollars. All appraisal fees shall be paid by the authority which	76291
shall deposit with the director one hundred fifty dollars before	76292
the appraisal is made. If the deposit exceeds the appraisal fee,	76293
the balance shall be returned to the authority. The appraisal	76294
value, when approved by the director, is the purchase price. If	76295
the purchase price is not paid within ninety days after notice to	76296
the authority of the approved appraisal value, the director shall	76297
withdraw approval of the appraisal value and no deed shall be	76298
delivered to the authority without the written approval of the	76299
director of the purchase price. If the purchase price is paid	76300
within ninety days, a deed shall be prepared and recorded pursuant	76301
to section 5301.13 of the Revised Code.	76302

(C) Moneys received from sales of land to a metropolitan	76303
housing authority shall be placed in the state treasury in special	76304
funds, to be used for such purposes of the department of ~~mental~~	76305
~~health~~mental health and addiction services, the department of	76306
developmental disabilities, or the department of rehabilitation	76307
and correction as is appropriate.	76308

Sec. 3735.661. (A) For the purpose of determining the "first	76309
two amendments" referenced in division (B) of Section 3 of Am.	76310
Sub. S.B. 19 of the 120th general assembly, an amendment means any	76311
modification to an ordinance or resolution adopted under section	76312
3735.66 of the Revised Code that does any of the following:	76313

(1) Expands the geographic size of a community reinvestment	76314
area;	76315

(2) Increases a property's or category of property's exempted	76316
percentage of assessed valuation, notwithstanding the requirements	76317
of section 3735.66 of the Revised Code as that section existed on	76318
July 21, 1994. Division (A)(2) of this section does not authorize	76319
a municipal corporation or county to increase a property's or	76320
category of property's exempted percentage of assessed valuation	76321
pursuant to that section.	76322

(3) Increases the term of any tax exemption or category of	76323
tax exemptions;	76324

(4) Extends the duration of a community reinvestment area;

76325

(5) Changes eligibility requirements for receiving tax	76326
exemptions.	76327

(B) For the purpose of determining the "first two amendments"	76328
in division (B) of Section 3 of Am. Sub. S.B. 19 of the 120th	76329
general assembly, an amendment does not include any modification	76330
to an ordinance or resolution adopted under section 3735.66 of the	76331
Revised Code that does any of the following:	76332

(1) Restricts the availability of tax exemptions, including	76333
any of the following:	76334

(a) Removes area from or decreases the geographic size of a	76335
community reinvestment area;	76336

(b) Decreases a property's or category of property's exempted	76337
percentage of assessed valuation, notwithstanding the requirements	76338
of section 3735.66 of the Revised Code as that section existed on	76339
July 21, 1994. Division (B)(1)(b) of this section does not	76340
authorize a municipal corporation or county to decrease a	76341
property's or category of property's exempted percentage of	76342
assessed valuation pursuant to that section.	76343

(c) Decreases the term of any tax exemption or category of	76344
exemption;	76345

(d) Shortens the period of time after which the granting of	76346
tax exemptions may be terminated.	76347

(2) Recognizes or confirms the continuing existence of a	76348
community reinvestment area, including by providing a date after	76349
which the area may be terminated;	76350

(3) Recognizes or confirms a previously granted tax	76351
exemption;	76352

(4) Clarifies ambiguities or corrects defects in previously	76353
enacted ordinances or resolutions;	76354

(5) Makes modifications that are procedural or	76355
administrative, including changing the designation of a housing	76356
officer, the process for approving or appealing a tax exemption,	76357
or the amount of any application fee, or modifying a community	76358
reinvestment area housing council created under section 3735.69 of	76359
the Revised Code or a tax incentive review council under section	76360
5709.85 of the Revised Code.	76361

Sec. 3737.02. (A) The fire marshal may collect fees to cover	76362
the costs of performing inspections and other duties that the fire	76363
marshal is authorized or required by law to perform. Except as	76364
provided in division (B) of this section, all fees collected by	76365
the fire marshal shall be deposited to the credit of the fire	76366
marshal's fund.	76367

(B) All of the following shall be credited to the underground	76368
storage tank administration fund, which is hereby created in the	76369
state treasury:	76370

(1) Fees collected under sections 3737.88 and 3737.881 of the	76371
Revised Code for operation of the underground storage tank and	76372
underground storage tank installer certification programs~~, moneys~~;	76373

(2) Moneys recovered under section 3737.89 of the Revised	76374
Code for the state's costs of undertaking corrective or	76375
enforcement actions under that section or section 3737.882 of the	76376
Revised Code~~, and fines~~;	76377

(3) Fines and penalties collected under section 3737.882 of	76378
the Revised Code ~~shall be credited to the underground storage tank~~	76379
~~administration fund, which is hereby created in the state~~	76380
~~treasury. All~~;	76381

(4) Amounts repaid for underground storage tank revolving	76382
loans under section 3737.883 of the Revised Code.	76383

(C) All interest earned on moneys credited to the underground	76384
storage tank administration fund shall be credited to the fund.	76385
Moneys credited to the underground storage tank administration	76386
fund shall be used by the fire marshal for implementation and	76387
enforcement of underground storage tank, corrective action, and	76388
installer certification programs under sections 3737.88 to 3737.89	76389
of the Revised Code. Only moneys described in divisions (B)(3) and	76390
(4) of this section may be used by the fire marshal to make	76391
underground storage tank revolving loans under section 3737.883 of	76392
the Revised Code, and no other moneys may be used to make those	76393
loans.	76394

~~(C)~~(D) The fire marshal shall take all actions necessary to	76395
obtain any federal funding available to carry out the fire	76396
marshal's responsibilities under sections 3737.88 to 3737.89 of	76397
the Revised Code and federal laws regarding the cleaning up of	76398
releases of petroleum, as "release" is defined in section 3737.87	76399
of the Revised Code, including, without limitation, any federal	76400
funds that are available to reimburse the state for the costs of	76401
undertaking corrective actions for such releases of petroleum. The	76402
state may, when appropriate, return to the United States any	76403
federal funds recovered under sections 3737.882 and 3737.89 of the	76404
Revised Code.	76405

Sec. 3737.83. The fire marshal shall, as part of the state	76406
fire code, adopt rules to:	76407

(A) Establish minimum standards of performance for fire	76408
protection equipment and fire fighting equipment;	76409

(B) Establish minimum standards of training, fix minimum	76410
qualifications, and require certificates for all persons who	76411
engage in the business for profit of installing, testing,	76412
repairing, or maintaining fire protection equipment;	76413

(C) Provide for the issuance of certificates required under	76414
division (B) of this section and establish the fees to be charged	76415
for such certificates. A certificate shall be granted, renewed, or	76416
revoked according to rules the fire marshal shall adopt.	76417

(D) Establish minimum standards of flammability for consumer	76418
goods in any case where the federal government or any department	76419
or agency thereof has established, or may from time to time	76420
establish standards of flammability for consumer goods. The	76421
standards established by the fire marshal shall be identical to	76422
the minimum federal standards.	76423

In any case where the federal government or any department or	76424
agency thereof, establishes standards of flammability for consumer	76425
goods subsequent to the adoption of a flammability standard by the	76426
fire marshal, standards previously adopted by the fire marshal	76427
shall not continue in effect to the extent such standards are not	76428
identical to the minimum federal standards.	76429

With respect to the adoption of minimum standards of	76430
flammability, this division shall supersede any authority granted	76431
a political subdivision by any other section of the Revised Code.	76432

(E) Establish minimum standards pursuant to section 5104.05	76433
of the Revised Code for fire prevention and fire safety in child	76434
day-care centers and in type A family day-care homes, as defined	76435
in section 5104.01 of the Revised Code.	76436

(F) Establish minimum standards for fire prevention and	76437
safety in a residential facility licensed under section ~~5119.22~~	76438
5119.34 of the Revised Code that provides accommodations,	76439
supervision, and personal care services for three to sixteen	76440
unrelated adults. The fire marshal shall adopt the rules under	76441
this division in consultation with the director of ~~mental health~~	76442
mental health and addiction services and interested parties	76443
designated by the director of ~~mental health~~mental health and	76444
addiction services.	76445

Sec. 3737.841. As used in this section and section 3737.842	76446
of the Revised Code:	76447

(A) "Public occupancy" means all of the following:

76448

(1) Any state correctional institution as defined in section	76449
2967.01 of the Revised Code and any county, multicounty,	76450
municipal, or municipal-county jail or workhouse;	76451

(2) Any hospital as defined in section 3727.01 of the Revised	76452
Code, any hospital licensed by the department of ~~mental health~~	76453
mental health and addiction services under section ~~5119.20~~5119.33	76454
of the Revised Code, and any institution, hospital, or other place	76455
established, controlled, or supervised by the department of ~~mental~~	76456
~~health~~mental health and addiction services under Chapter 5119. of	76457
the Revised Code;	76458

(3) Any nursing home, residential care facility, or home for	76459
the aging as defined in section 3721.01 of the Revised Code and	76460
any residential facility licensed under section ~~5119.22~~5119.34 of	76461
the Revised Code that provides accommodations, supervision, and	76462
personal care services for three to sixteen unrelated adults;	76463

(4) Any child day-care center and any type A family day-care	76464
home as defined in section 5104.01 of the Revised Code;	76465

(5) Any public auditorium or stadium;

76466

(6) Public assembly areas of hotels and motels containing	76467
more than ten articles of seating furniture.	76468

(B) "Sell" includes sell, offer or expose for sale, barter,	76469
trade, deliver, give away, rent, consign, lease, possess for sale,	76470
or dispose of in any other commercial manner.	76471

(C) Except as provided in division (D) of this section,	76472
"seating furniture" means any article of furniture, including	76473
children's furniture, that can be used as a support for an	76474
individual, or an individual's limbs or feet, when sitting or	76475
resting in an upright or reclining position and that either:	76476

(1) Is made with loose or attached cushions or pillows;

76477

(2) Is stuffed or filled in whole or in part with any filling	76478
material;	76479

(3) Is or can be stuffed or filled in whole or in part with	76480
any substance or material, concealed by fabric or any other	76481
covering.	76482

"Seating furniture" includes the cushions or pillows	76483
belonging to or forming a part of the furniture, the structural	76484
unit, and the filling material and its container or covering.	76485

(D) "Seating furniture" does not include, except if intended	76486
for use by children or in facilities designed for the care or	76487
treatment of humans, any of the following:	76488

(1) Cushions or pads intended solely for outdoor use;

76489

(2) Any article with a smooth surface that contains no more	76490
than one-half inch of filling material, if that article does not	76491
have an upholstered horizontal surface meeting an upholstered	76492
vertical surface;	76493

(3) Any article manufactured solely for recreational use or	76494
physical fitness purposes, including weight-lifting benches,	76495
gymnasium mats or pads, and sidehorses.	76496

(E) "Filling material" means cotton, wool, kapok, feathers,	76497
down, hair, liquid, or any other natural or artificial material or	76498
substance that is used or can be used as stuffing in seating	76499
furniture.	76500

Sec. 3737.88. (A)(1) The fire marshal shall have	76501
responsibility for implementation of the underground storage tank	76502
program and corrective action program for releases of petroleum	76503
from underground storage tanks established by the "Resource	76504
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A.	76505
6901, as amended. To implement the programs, the fire marshal may	76506
adopt, amend, and rescind such rules, conduct such inspections,	76507
require annual registration of underground storage tanks, issue	76508
such citations and orders to enforce those rules, enter into	76509
environmental covenants in accordance with sections 5301.80 to	76510
5301.92 of the Revised Code, and perform such other duties, as are	76511
consistent with those programs. The fire marshal, by rule, may	76512
delegate the authority to conduct inspections of underground	76513
storage tanks to certified fire safety inspectors.	76514

(2) In the place of any rules regarding release containment	76515
and release detection for underground storage tanks adopted under	76516
division (A)(1) of this section, the fire marshal, by rule, shall	76517
designate areas as being sensitive for the protection of human	76518
health and the environment and adopt alternative rules regarding	76519
release containment and release detection methods for new and	76520
upgraded underground storage tank systems located in those areas.	76521
In designating such areas, the fire marshal shall take into	76522
consideration such factors as soil conditions, hydrogeology, water	76523
use, and the location of public and private water supplies. Not	76524
later than July 11, 1990, the fire marshal shall file the rules	76525
required under this division with the secretary of state, director	76526
of the legislative service commission, and joint committee on	76527
agency rule review in accordance with divisions (B) and (H) of	76528
section 119.03 of the Revised Code.	76529

(3) Notwithstanding sections 3737.87 to 3737.89 of the	76530
Revised Code, a person who is not a responsible person, as	76531
determined by the fire marshal pursuant to this chapter, may	76532
conduct a voluntary action in accordance with Chapter 3746. of the	76533
Revised Code and rules adopted under it for either of the	76534
following:	76535

(a) A class C release;

76536

(b) A release, other than a class C release, that is subject	76537
to the rules adopted by the fire marshal under division (B) of	76538
section 3737.882 of the Revised Code pertaining to a corrective	76539
action, provided that both of the following apply:	76540

(i) The voluntary action also addresses hazardous substances	76541
or petroleum that is not subject to the rules adopted under	76542
division (B) of section 3737.882 of the Revised Code pertaining to	76543
a corrective action.	76544

(ii) The fire marshal has not issued an administrative order	76545
concerning the release or referred the release to the attorney	76546
general for enforcement.	76547

The director of environmental protection, pursuant to section	76548
3746.12 of the Revised Code, may issue a covenant not to sue to	76549
any person who properly completes a voluntary action with respect	76550
to any such release in accordance with Chapter 3746. of the	76551
Revised Code and rules adopted under it.	76552

(B) Before adopting any rule under this section or section	76553
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	76554
file written notice of the proposed rule with the chairperson of	76555
the state fire council, and, within sixty days after notice is	76556
filed, the council may file responses to or comments on and may	76557
recommend alternative or supplementary rules to the fire marshal.	76558
At the end of the sixty-day period or upon the filing of	76559
responses, comments, or recommendations by the council, the fire	76560
marshal may adopt the rule filed with the council or any	76561
alternative or supplementary rule recommended by the council.	76562

(C) The state fire council may recommend courses of action to	76563
be taken by the fire marshal in carrying out the fire marshal's	76564
duties under this section. The council shall file its	76565
recommendations in the office of the fire marshal, and, within	76566
sixty days after the recommendations are filed, the fire marshal	76567
shall file with the chairperson of the council comments on, and	76568
proposed action in response to, the recommendations.	76569

(D) For the purpose of sections 3737.87 to 3737.89 of the	76570
Revised Code, the fire marshal shall adopt, and may amend and	76571
rescind, rules identifying or listing hazardous substances. The	76572
rules shall be consistent with and equivalent in scope, coverage,	76573
and content to regulations identifying or listing hazardous	76574
substances adopted under the "Comprehensive Environmental	76575
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	76576
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	76577
not identify or list as a hazardous substance any hazardous waste	76578
identified or listed in rules adopted under division (A) of	76579
section 3734.12 of the Revised Code.	76580

(E) Except as provided in division (A)(3) of this section,	76581
the fire marshal shall have exclusive jurisdiction to regulate the	76582
storage, treatment, and disposal of petroleum contaminated soil	76583
generated from corrective actions undertaken in response to	76584
releases of petroleum from underground storage tank systems. The	76585
fire marshal may adopt, amend, or rescind such rules as the fire	76586
marshal considers to be necessary or appropriate to regulate the	76587
storage, treatment, or disposal of petroleum contaminated soil so	76588
generated.	76589

(F) The fire marshal shall adopt, amend, and rescind rules	76590
under sections 3737.88 to ~~3737.882~~3737.883 of the Revised Code in	76591
accordance with Chapter 119. of the Revised Code.	76592

Sec. 3737.882. (A) If, after an examination or inspection,	76593
the fire marshal or an assistant fire marshal finds that a release	76594
of petroleum is suspected, the fire marshal shall take such action	76595
as the fire marshal considers necessary to ensure that a suspected	76596
release is confirmed or disproved and, if the occurrence of a	76597
release is confirmed, to correct the release. These actions may	76598
include one or more of the following:	76599

(1) Issuance of a citation and order requiring the	76600
responsible person to undertake, in a manner consistent with the	76601
requirements of section 9003 of the "Resource Conservation and	76602
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, as	76603
amended, applicable regulations adopted thereunder, and rules	76604
adopted under division (B) of this section, such actions as are	76605
necessary to protect human health and the environment, including,	76606
without limitation, the investigation of a suspected release;	76607

(2) Requesting the attorney general to bring a civil action	76608
for appropriate relief, including a temporary restraining order or	76609
preliminary or permanent injunction, in the court of common pleas	76610
of the county in which a suspected release is located or in which	76611
the release occurred, to obtain the corrective action necessary to	76612
protect human health and the environment. In granting any such	76613
relief, the court shall ensure that the terms of the temporary	76614
restraining order or injunction are sufficient to provide	76615
comprehensive corrective action to protect human health and the	76616
environment.	76617

(3) Entry onto premises and undertaking corrective action	76618
with respect to a release of petroleum if, in the fire marshal's	76619
judgment, such action is necessary to protect human health and the	76620
environment. Any corrective action undertaken by the fire marshal	76621
or assistant fire marshal under division (A)(3) of this section	76622
shall be consistent with the requirements of sections 9003 and	76623
9005 of the "Resource Conservation and Recovery Act of 1976," 98	76624
Stat. 3279, 42 U.S.C.A. 6991b, and 98 Stat. 3284, 42 U.S.C.A.	76625
6991e, respectively, as amended, applicable regulations adopted	76626
thereunder, and rules adopted under division (B) of this section.	76627

(B) The fire marshal shall adopt, and may amend and rescind,	76628
such rules as the fire marshal considers necessary to establish	76629
standards for corrective actions for suspected and confirmed	76630
releases of petroleum and standards for the recovery of costs	76631
incurred for undertaking corrective or enforcement actions with	76632
respect to such releases. The rules also shall include	76633
requirements for financial responsibility for the cost of	76634
corrective actions for and compensation of bodily injury and	76635
property damage incurred by third parties that are caused by	76636
releases of petroleum. Rules regarding financial responsibility	76637
shall, without limitation, require responsible persons to provide	76638
evidence that the parties guaranteeing payment of the deductible	76639
amount established under division (E) or (F) of section 3737.91 of	76640
the Revised Code are, at a minimum, secondarily liable for all	76641
corrective action and third-party liability costs incurred within	76642
the scope of the deductible amount. The rules shall be consistent	76643
with sections 9003 and 9005 of the "Resource Conservation and	76644
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, and 98	76645
Stat. 3284, 42 U.S.C.A. 6991e, respectively, as amended, and	76646
applicable regulations adopted thereunder.	76647

(C)(1) No person shall violate or fail to comply with a rule	76648
adopted under division (A) of section 3737.88 of the Revised Code	76649
or division (B) of this section, and no person shall violate or	76650
fail to comply with the terms of any order issued under division	76651
(A) of section 3737.88 of the Revised Code or division (A)(1) of	76652
this section.	76653

(2) Whoever violates division (C)(1) of this section or	76654
division (F) of section 3737.881 of the Revised Code shall pay a	76655
civil penalty of not more than ten thousand dollars for each day	76656
that the violation continues. The fire marshal may, by order,	76657
assess a civil penalty under this division, or the fire marshal	76658
may request the attorney general to bring a civil action for	76659
imposition of the civil penalty in the court of common pleas of	76660
the county in which the violation occurred. If the fire marshal	76661
determines that a responsible person is in violation of division	76662
(C)(1) of this section or division (F) of section 3737.881 of the	76663
Revised Code, the fire marshal may request the attorney general to	76664
bring a civil action for appropriate relief, including a temporary	76665
restraining order or preliminary or permanent injunction, in the	76666
court of common pleas of the county in which the underground	76667
storage tank or, in the case of a violation of division (F)(3) of	76668
section 3737.881 of the Revised Code, the training program that is	76669
the subject of the violation is located. The court shall issue a	76670
temporary restraining order or an injunction upon a demonstration	76671
that a violation of division (C)(1) of this section or division	76672
(F) of section 3737.881 of the Revised Code has occurred or is	76673
occurring.	76674

Any action brought by the attorney general under this	76675
division is a civil action, governed by the Rules of Civil	76676
Procedure and other rules of practice and procedure applicable to	76677
civil actions.	76678

Nothing in section 3737.883 of the Revised Code limits the	76679
powers of the fire marshal or the attorney general under this	76680
division.	76681

(D) Orders issued under division (A) of section 3737.88 of	76682
the Revised Code and divisions (A)(1) and (C) of this section, and	76683
appeals thereof, are subject to and governed by Chapter 3745. of	76684
the Revised Code. Such orders shall be issued without the	76685
necessity for issuance of a proposed action under that chapter.	76686
For purposes of appeals of any such orders, the term "director" as	76687
used in Chapter 3745. of the Revised Code includes the fire	76688
marshal and an assistant fire marshal.	76689

(E) Any restrictions on the use of real property for the	76690
purpose of the achievement by an owner or operator of applicable	76691
standards pursuant to rules adopted under division (B) of this	76692
section shall be contained in a deed or in another instrument that	76693
is signed and acknowledged by the property owner in the same	76694
manner as a deed or an environmental covenant that is entered into	76695
in accordance with sections 5301.80 to 5301.92 of the Revised	76696
Code. The deed, other instrument containing the restrictions, or	76697
environmental covenant shall be filed and recorded in the office	76698
of the county recorder of the county in which the property is	76699
located. Pursuant to Chapter 5309. of the Revised Code, if the use	76700
restrictions or environmental covenant are connected with	76701
registered land, as defined in section 5309.01 of the Revised	76702
Code, the restrictions or environmental covenant shall be entered	76703
as a memorial on the page of the register where the title of the	76704
owner is registered.	76705

(F) Any restrictions on the use of real property for the	76706
purpose of the achievement by a person that is not a responsible	76707
person, or by a person undertaking a voluntary action of	76708
applicable standards pursuant to rules adopted under division (B)	76709
of this section shall be contained in an environmental covenant	76710
that is entered into in accordance with sections 5301.80 to	76711
5301.92 of the Revised Code. The environmental covenant shall be	76712
filed and recorded in the office of the county recorder of the	76713
county in which the property is located. Pursuant to Chapter 5309.	76714
of the Revised Code, if the environmental covenant is connected	76715
with registered land, as defined in section 5309.01 of the Revised	76716
Code, the environmental covenant shall be entered as a memorial on	76717
the page of the register where the title of the owner is	76718
registered.	76719

Sec. 3737.883. (A) As used in this section, "political	76720
subdivision" has the same meaning as in section 2744.01 of the	76721
Revised Code, but includes a community improvement corporation as	76722
that term is defined in section 1724.01 of the Revised Code.	76723

(B)(1) A political subdivision may do any of the following	76724
for an underground storage tank located within its territorial	76725
boundaries if the political subdivision is the tank owner but not	76726
the operator:	76727

(a) Initiate, continue, or properly complete the closure in	76728
place or removal of an underground storage tank system;	76729

(b) Initiate, continue, or properly complete an assessment of	76730
the site of an underground storage tank or the site of an	76731
underground storage tank system;	76732

(c) Initiate, continue, or properly complete a corrective	76733
action.	76734

(2) A political subdivision may take any of the actions	76735
described in divisions (B)(1)(a) to (c) of this section for the	76736
site of a previously existing release to which all of the	76737
following apply:	76738

(a) The political subdivision is not the responsible person.

76739

(b) The release has not received a no-further-action	76740
determination from the state fire marshal.	76741

(c) The site of the release is located within the political	76742
subdivision's territorial boundaries.	76743

(d) The responsible person is not identifiable or the state	76744
fire marshal determines that an identified responsible person is	76745
unable to pay the costs of the action to be taken by the political	76746
subdivision.	76747

(C) The state fire marshal or the state fire marshal's	76748
designee shall administer an underground storage tank revolving	76749
loan program under which the state fire marshal issues loans to	76750
assist with the costs of actions taken under divisions (B)(1) and	76751
(2) of this section. The state fire marshal shall issue a loan	76752
under the program to a political subdivision that meets the	76753
application requirements of division (D) of this section and	76754
agrees to written terms and conditions of the loan with the state	76755
fire marshal.	76756

(D) A political subdivision shall apply to the state fire	76757
marshal for a loan under this section on a form prescribed by the	76758
state fire marshal. In the application, the political subdivision	76759
shall do all of the following:	76760

(1) Describe the action for which it is requesting a loan;

76761

(2) State the requested loan amount;

76762

(3) Explain how the political subdivision plans to spend, of	76763
its own funds, in undertaking the action for which the loan is	76764
requested, an amount equal to at least five per cent of the	76765
requested loan amount;	76766

(4) Provide any other information requested by the state fire	76767
marshal.	76768

(E) The state fire marshal shall consult with the director of	76769
development services before issuing any loan under this section.	76770

(F) A loan issued under this section shall not carry	76771
interest. No loan issued under this section shall have a term of	76772
more than ten years. The political subdivision shall repay a loan	76773
issued under this section to the state fire marshal.	76774

(G) If, at any time after the expenditure of loan funds by a	76775
political subdivision under division (B)(2) of this section, the	76776
state fire marshal or any law enforcement agency identifies the	76777
responsible person or determines, for any reason, that the	76778
previously identified responsible person was or is able to pay the	76779
costs of the action for which the loan was issued, the political	76780
subdivision may bring any appropriate proceedings against the	76781
responsible person to recover the costs incurred by the political	76782
subdivision. The proceedings may be brought in either the court of	76783
common pleas having jurisdiction where the underground storage	76784
tank is located or the court of common pleas of Franklin county.	76785

(H)(1) The state fire marshal shall adopt and may amend and	76786
rescind rules as necessary for the administration and operation of	76787
the underground storage tank revolving loan program. The rules may	76788
do any of the following:	76789

(a) Further define the entities considered "political	76790
subdivisions" eligible to receive loans;	76791

(b) Establish qualifying criteria for loan recipients;

76792

(c) Establish criteria for awarding loans, loan amounts, loan	76793
payment terms, and permissible expenditures of loan funds,	76794
including methods that the state fire marshal may use to verify	76795
the proper use of loan funds or to obtain reimbursement for or the	76796
return of improperly used loan funds.	76797

(2) The state fire marshal may adopt and may amend and	76798
rescind rules for the issuance of emergency underground storage	76799
tank revolving loans to qualifying entities during a natural	76800
disaster or another similar event as defined in the rules.	76801

~~Sec. 3737.883.~~ Sec. 3737.884. On receipt of a notice pursuant to	76802
section 3123.43 of the Revised Code, the state fire marshal shall	76803
comply with sections 3123.41 to 3123.50 of the Revised Code and	76804
any applicable rules adopted under section 3123.63 of the Revised	76805
Code with respect to a certificate issued pursuant to section	76806
3737.34, 3737.65, 3737.83, or 3737.881 of the Revised Code.	76807

Sec. 3742.30. Each child at risk of lead poisoning shall	76808
undergo a blood lead screening test to determine whether the child	76809
has lead poisoning. The at-risk children shall undergo the test at	76810
times determined by rules the director of health shall adopt in	76811
accordance with Chapter 119. of the Revised Code that are	76812
consistent with the guidelines established by the centers for	76813
disease control and prevention in the public health service of the	76814
United States department of health and human services. The rules	76815
shall specify which children are at risk of lead poisoning.	76816

Neither this section nor the rules adopted under it affect	76817
the coverage of blood lead screening tests by any publicly funded	76818
health program, including the medicaid program ~~established by~~	76819
~~Chapter 5111. of the Revised Code~~. Neither this section nor the	76820
rules adopted under it apply to a child if a parent of the child	76821
objects to the test on the grounds that the test conflicts with	76822
the parent's religious tenets and practices.	76823

Sec. 3742.31. (A) The director of health shall establish,	76824
promote, and maintain a child lead poisoning prevention program.	76825
The program shall provide statewide coordination of screening,	76826
diagnosis, and treatment services for children under age six,	76827
including both of the following:	76828

(1) Collecting the social security numbers of all children	76829
screened, diagnosed, or treated as part of the program's case	76830
management system;	76831

(2) Disclosing to the ~~office of medical assistance in the~~	76832
department of ~~job and family services~~medicaid on at least an	76833
annual basis the identity and lead screening test results of each	76834
child screened pursuant to section 3742.30 of the Revised Code.	76835
The director shall collect and disseminate information relating to	76836
child lead poisoning and controlling lead hazards.	76837

(B) The director of health shall operate the child lead	76838
poisoning prevention program in accordance with rules adopted	76839
under section 3742.50 of the Revised Code. The director may enter	76840
into an interagency agreement with one or more other state	76841
agencies to perform one or more of the program's duties. The	76842
director shall supervise and direct an agency's performance of	76843
such a duty.	76844

Sec. 3742.32. (A) The director of health shall appoint an	76845
advisory council to assist in the ongoing development and	76846
implementation of the child lead poisoning prevention program	76847
created under section 3742.31 of the Revised Code. The advisory	76848
council shall consist of the following members:	76849

(1) A representative of the ~~office of medical assistance in~~	76850
~~the~~ department of ~~job and family services~~medicaid;	76851

(2) A representative of the bureau of child care in the	76852
department of job and family services;	76853

(3) A representative of the department of environmental	76854
protection;	76855

(4) A representative of the department of education;

76856

(5) A representative of the ~~department of~~ development	76857
services agency;	76858

(6) A representative of the Ohio apartment owner's	76859
association;	76860

(7) A representative of the Ohio help end lead poisoning	76861
coalition;	76862

(8) A representative of the Ohio environmental health	76863
association;	76864

(9) An Ohio representative of the national paint and coatings	76865
association.	76866

(B) The advisory council shall do both of the following:

76867

(1) Provide the director with advice regarding the policies	76868
the child lead poisoning prevention program should emphasize,	76869
preferred methods of financing the program, and any other matter	76870
relevant to the program's operation;	76871

(2) Submit a report of the state's activities to the	76872
governor, president of the senate, and speaker of the house of	76873
representatives on or before the first day of March each year.	76874

(C) The advisory council is not subject to sections 101.82 to	76875
101.87 of the Revised Code.	76876

Sec. 3742.51. (A) There is hereby created in the state	76877
treasury the lead poisoning prevention fund. The fund shall	76878
include all moneys appropriated to the department of health for	76879
the administration and enforcement of sections 3742.31 to 3742.50	76880
of the Revised Code and the rules adopted under those sections.	76881
Any grants, contributions, or other moneys collected by the	76882
department for purposes of preventing lead poisoning shall be	76883
deposited in the state treasury to the credit of the fund.	76884

(B) Moneys in the fund shall be used solely for the purposes	76885
of the child lead poisoning prevention program established under	76886
section 3742.31 of the Revised Code, including providing financial	76887
assistance to individuals who are unable to pay for the following:	76888

(1) Costs associated with obtaining lead tests and lead	76889
poisoning treatment for children under six years of age who are	76890
not covered by private medical insurance or are underinsured, are	76891
not eligible for the medicaid program ~~established under Chapter~~	76892
~~5111. of the Revised Code~~ or any other government health program,	76893
and do not have access to another source of funds to cover the	76894
cost of lead tests and any indicated treatments;	76895

(2) Costs associated with having lead abatement performed or	76896
having the preventive treatments specified in section 3742.41 of	76897
the Revised Code performed.	76898

Sec. 3745.11. (A) Applicants for and holders of permits,	76899
licenses, variances, plan approvals, and certifications issued by	76900
the director of environmental protection pursuant to Chapters	76901
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	76902
to the environmental protection agency for each such issuance and	76903
each application for an issuance as provided by this section. No	76904
fee shall be charged for any issuance for which no application has	76905
been submitted to the director.	76906

(B) Except as otherwise provided in division (C)(2) of this	76907
section, beginning July 1, 1994, each person who owns or operates	76908
an air contaminant source and who is required to apply for and	76909
obtain a Title V permit under section 3704.036 of the Revised Code	76910
shall pay the fees set forth in this division. For the purposes of	76911
this division, total emissions of air contaminants may be	76912
calculated using engineering calculations, emissions factors,	76913
material balance calculations, or performance testing procedures,	76914
as authorized by the director.	76915

The following fees shall be assessed on the total actual	76916
emissions from a source in tons per year of the regulated	76917
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	76918
organic compounds, and lead:	76919

(1) Fifteen dollars per ton on the total actual emissions of	76920
each such regulated pollutant during the period July through	76921
December 1993, to be collected no sooner than July 1, 1994;	76922

(2) Twenty dollars per ton on the total actual emissions of	76923
each such regulated pollutant during calendar year 1994, to be	76924
collected no sooner than April 15, 1995;	76925

(3) Twenty-five dollars per ton on the total actual emissions	76926
of each such regulated pollutant in calendar year 1995, and each	76927
subsequent calendar year, to be collected no sooner than the	76928
fifteenth day of April of the year next succeeding the calendar	76929
year in which the emissions occurred.	76930

The fees levied under this division do not apply to that	76931
portion of the emissions of a regulated pollutant at a facility	76932
that exceed four thousand tons during a calendar year.	76933

(C)(1) The fees assessed under division (B) of this section	76934
are for the purpose of providing funding for the Title V permit	76935
program.	76936

(2) The fees assessed under division (B) of this section do	76937
not apply to emissions from any electric generating unit	76938
designated as a Phase I unit under Title IV of the federal Clean	76939
Air Act prior to calendar year 2000. Those fees shall be assessed	76940
on the emissions from such a generating unit commencing in	76941
calendar year 2001 based upon the total actual emissions from the	76942
generating unit during calendar year 2000 and shall continue to be	76943
assessed each subsequent calendar year based on the total actual	76944
emissions from the generating unit during the preceding calendar	76945
year.	76946

(3) The director shall issue invoices to owners or operators	76947
of air contaminant sources who are required to pay a fee assessed	76948
under division (B) or (D) of this section. Any such invoice shall	76949
be issued no sooner than the applicable date when the fee first	76950
may be collected in a year under the applicable division, shall	76951
identify the nature and amount of the fee assessed, and shall	76952
indicate that the fee is required to be paid within thirty days	76953
after the issuance of the invoice.	76954

(D)(1) Except as provided in division (D)(3) of this section,	76955
from January 1, 1994, through December 31, 2003, each person who	76956
owns or operates an air contaminant source; who is required to	76957
apply for a permit to operate pursuant to rules adopted under	76958
division (G), or a variance pursuant to division (H), of section	76959
3704.03 of the Revised Code; and who is not required to apply for	76960
and obtain a Title V permit under section 3704.036 of the Revised	76961
Code shall pay a single fee based upon the sum of the actual	76962
annual emissions from the facility of the regulated pollutants	76963
particulate matter, sulfur dioxide, nitrogen oxides, organic	76964
compounds, and lead in accordance with the following schedule:	76965

Total tons per year		76966
of regulated pollutants	Annual fee	76967
emitted	per facility	76968
More than 0, but less than 50	$ 75	76969
50 or more, but less than 100	300	76970
100 or more	700	76971

(2) Except as provided in division (D)(3) of this section,	76972
beginning January 1, 2004, each person who owns or operates an air	76973
contaminant source; who is required to apply for a permit to	76974
operate pursuant to rules adopted under division (G), or a	76975
variance pursuant to division (H), of section 3704.03 of the	76976
Revised Code; and who is not required to apply for and obtain a	76977
Title V permit under section 3704.03 of the Revised Code shall pay	76978
a single fee based upon the sum of the actual annual emissions	76979
from the facility of the regulated pollutants particulate matter,	76980
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	76981
accordance with the following schedule:	76982

Total tons per year		76983
of regulated pollutants	Annual fee	76984
emitted	per facility	76985
More than 0, but less than 10	$ 100	76986
10 or more, but less than 50	200	76987
50 or more, but less than 100	300	76988
100 or more	700	76989

(3)(a) As used in division (D) of this section, "synthetic	76990
minor facility" means a facility for which one or more permits to	76991
install or permits to operate have been issued for the air	76992
contaminant sources at the facility that include terms and	76993
conditions that lower the facility's potential to emit air	76994
contaminants below the major source thresholds established in	76995
rules adopted under section 3704.036 of the Revised Code.	76996

(b) Beginning January 1, 2000, through June 30, ~~2014~~2016,	76997
each person who owns or operates a synthetic minor facility shall	76998
pay an annual fee based on the sum of the actual annual emissions	76999
from the facility of particulate matter, sulfur dioxide, nitrogen	77000
dioxide, organic compounds, and lead in accordance with the	77001
following schedule:	77002

Combined total tons		77003
per year of all regulated	Annual fee	77004
pollutants emitted	per facility	77005

Less than 10	$ 170	77006
10 or more, but less than 20	340	77007
20 or more, but less than 30	670	77008
30 or more, but less than 40	1,010	77009
40 or more, but less than 50	1,340	77010
50 or more, but less than 60	1,680	77011
60 or more, but less than 70	2,010	77012
70 or more, but less than 80	2,350	77013
80 or more, but less than 90	2,680	77014
90 or more, but less than 100	3,020	77015
100 or more	3,350	77016

(4) The fees assessed under division (D)(1) of this section	77017
shall be collected annually no sooner than the fifteenth day of	77018
April, commencing in 1995. The fees assessed under division (D)(2)	77019
of this section shall be collected annually no sooner than the	77020
fifteenth day of April, commencing in 2005. The fees assessed	77021
under division (D)(3) of this section shall be collected no sooner	77022
than the fifteenth day of April, commencing in 2000. The fees	77023
assessed under division (D) of this section in a calendar year	77024
shall be based upon the sum of the actual emissions of those	77025
regulated pollutants during the preceding calendar year. For the	77026
purpose of division (D) of this section, emissions of air	77027
contaminants may be calculated using engineering calculations,	77028
emission factors, material balance calculations, or performance	77029
testing procedures, as authorized by the director. The director,	77030
by rule, may require persons who are required to pay the fees	77031
assessed under division (D) of this section to pay those fees	77032
biennially rather than annually.	77033

(E)(1) Consistent with the need to cover the reasonable costs	77034
of the Title V permit program, the director annually shall	77035
increase the fees prescribed in division (B) of this section by	77036
the percentage, if any, by which the consumer price index for the	77037
most recent calendar year ending before the beginning of a year	77038
exceeds the consumer price index for calendar year 1989. Upon	77039
calculating an increase in fees authorized by division (E)(1) of	77040
this section, the director shall compile revised fee schedules for	77041
the purposes of division (B) of this section and shall make the	77042
revised schedules available to persons required to pay the fees	77043
assessed under that division and to the public.	77044

(2) For the purposes of division (E)(1) of this section:

77045

(a) The consumer price index for any year is the average of	77046
the consumer price index for all urban consumers published by the	77047
United States department of labor as of the close of the	77048
twelve-month period ending on the thirty-first day of August of	77049
that year.	77050

(b) If the 1989 consumer price index is revised, the director	77051
shall use the revision of the consumer price index that is most	77052
consistent with that for calendar year 1989.	77053

(F) Each person who is issued a permit to install pursuant to	77054
rules adopted under division (F) of section 3704.03 of the Revised	77055
Code on or after July 1, 2003, shall pay the fees specified in the	77056
following schedules:	77057

(1) Fuel-burning equipment (boilers, furnaces, or process	77058
heaters used in the process of burning fuel for the primary	77059
purpose of producing heat or power by indirect heat transfer)	77060

Input capacity (maximum)		77061
(million British thermal units per hour)	Permit to install	77062
Greater than 0, but less than 10	$ 200	77063
10 or more, but less than 100	400	77064
100 or more, but less than 300	1000	77065
300 or more, but less than 500	2250	77066
500 or more, but less than 1000	3750	77067
1000 or more, but less than 5000	6000	77068
5000 or more	9000	77069

Units burning exclusively natural gas, number two fuel oil,	77070
or both shall be assessed a fee that is one-half the applicable	77071
amount shown in division (F)(1) of this section.	77072

(2) Combustion turbines and stationary internal combustion	77073
engines designed to generate electricity	77074

Generating capacity (mega watts)	Permit to install	77075
0 or more, but less than 10	$ 25	77076
10 or more, but less than 25	150	77077
25 or more, but less than 50	300	77078
50 or more, but less than 100	500	77079
100 or more, but less than 250	1000	77080
250 or more	2000	77081

(3) Incinerators

77082

Input capacity (pounds per hour)	Permit to install	77083
0 to 100	$ 100	77084
101 to 500	500	77085
501 to 2000	1000	77086
2001 to 20,000	1500	77087
more than 20,000	3750	77088

(4)(a) Process

77089

Process weight rate (pounds per hour)	Permit to install	77090
0 to 1000	$ 200	77091
1001 to 5000	500	77092
5001 to 10,000	750	77093
10,001 to 50,000	1000	77094
more than 50,000	1250	77095

In any process where process weight rate cannot be	77096
ascertained, the minimum fee shall be assessed. A boiler, furnace,	77097
combustion turbine, stationary internal combustion engine, or	77098
process heater designed to provide direct heat or power to a	77099
process not designed to generate electricity shall be assessed a	77100
fee established in division (F)(4)(a) of this section. A	77101
combustion turbine or stationary internal combustion engine	77102
designed to generate electricity shall be assessed a fee	77103
established in division (F)(2) of this section.	77104

(b) Notwithstanding division (F)(4)(a) of this section, any	77105
person issued a permit to install pursuant to rules adopted under	77106
division (F) of section 3704.03 of the Revised Code shall pay the	77107
fees set forth in division (F)(4)(c) of this section for a process	77108
used in any of the following industries, as identified by the	77109
applicable two-digit, three-digit, or four-digit standard	77110
industrial classification code according to the Standard	77111
Industrial Classification Manual published by the United States	77112
office of management and budget in the executive office of the	77113
president, 1987, as revised:	77114

Major group 10, metal mining;

77115

Major group 12, coal mining;

77116

Major group 14, mining and quarrying of nonmetallic minerals;

77117

Industry group 204, grain mill products;

77118

2873 Nitrogen fertilizers;

77119

2874 Phosphatic fertilizers;

77120

3281 Cut stone and stone products;

77121

3295 Minerals and earth, ground or otherwise treated;

77122

4221 Grain elevators (storage only);

77123

5159 Farm related raw materials;

77124

5261 Retail nurseries and lawn and garden supply stores.

77125

(c) The fees set forth in the following schedule apply to the	77126
issuance of a permit to install pursuant to rules adopted under	77127
division (F) of section 3704.03 of the Revised Code for a process	77128
identified in division (F)(4)(b) of this section:	77129

Process weight rate (pounds per hour)	Permit to install	77130
0 to 10,000	$ 200	77131
10,001 to 50,000	400	77132
50,001 to 100,000	500	77133
100,001 to 200,000	600	77134
200,001 to 400,000	750	77135
400,001 or more	900	77136

(5) Storage tanks

77137

Gallons (maximum useful capacity)	Permit to install	77138
0 to 20,000	$ 100	77139
20,001 to 40,000	150	77140
40,001 to 100,000	250	77141
100,001 to 500,000	400	77142
500,001 or greater	750	77143

(6) Gasoline/fuel dispensing facilities

77144

For each gasoline/fuel		77145
dispensing facility (includes all	Permit to install	77146
units at the facility)	$ 100	77147

(7) Dry cleaning facilities

77148

For each dry cleaning		77149
facility (includes all units	Permit to install	77150
at the facility)	$ 100	77151

(8) Registration status

77152

For each source covered			Permit to install			77153
by registration status			$ 75			77154

(G) An owner or operator who is responsible for an asbestos	77155
demolition or renovation project pursuant to rules adopted under	77156
section 3704.03 of the Revised Code shall pay the fees set forth	77157
in the following schedule:	77158

Action	Fee	77159
Each notification	$75	77160
Asbestos removal	$3/unit	77161
Asbestos cleanup	$4/cubic yard	77162

For purposes of this division, "unit" means any combination of	77163
linear feet or square feet equal to fifty.	77164

(H) A person who is issued an extension of time for a permit	77165
to install an air contaminant source pursuant to rules adopted	77166
under division (F) of section 3704.03 of the Revised Code shall	77167
pay a fee equal to one-half the fee originally assessed for the	77168
permit to install under this section, except that the fee for such	77169
an extension shall not exceed two hundred dollars.	77170

(I) A person who is issued a modification to a permit to	77171
install an air contaminant source pursuant to rules adopted under	77172
section 3704.03 of the Revised Code shall pay a fee equal to	77173
one-half of the fee that would be assessed under this section to	77174
obtain a permit to install the source. The fee assessed by this	77175
division only applies to modifications that are initiated by the	77176
owner or operator of the source and shall not exceed two thousand	77177
dollars.	77178

(J) Notwithstanding division (F) of this section, a person	77179
who applies for or obtains a permit to install pursuant to rules	77180
adopted under division (F) of section 3704.03 of the Revised Code	77181
after the date actual construction of the source began shall pay a	77182
fee for the permit to install that is equal to twice the fee that	77183
otherwise would be assessed under the applicable division unless	77184
the applicant received authorization to begin construction under	77185
division (W) of section 3704.03 of the Revised Code. This division	77186
only applies to sources for which actual construction of the	77187
source begins on or after July 1, 1993. The imposition or payment	77188
of the fee established in this division does not preclude the	77189
director from taking any administrative or judicial enforcement	77190
action under this chapter, Chapter 3704., 3714., 3734., or 6111.	77191
of the Revised Code, or a rule adopted under any of them, in	77192
connection with a violation of rules adopted under division (F) of	77193
section 3704.03 of the Revised Code.	77194

As used in this division, "actual construction of the source"	77195
means the initiation of physical on-site construction activities	77196
in connection with improvements to the source that are permanent	77197
in nature, including, without limitation, the installation of	77198
building supports and foundations and the laying of underground	77199
pipework.	77200

(K)(1) Money received under division (B) of this section	77201
shall be deposited in the state treasury to the credit of the	77202
Title V clean air fund created in section 3704.035 of the Revised	77203
Code. Annually, fifty cents per ton of each fee assessed under	77204
division (B) of this section on actual emissions from a source and	77205
received by the environmental protection agency pursuant to that	77206
division shall be transferred using an interstate transfer voucher	77207
to the state treasury to the credit of the small business	77208
assistance fund created in section 3706.19 of the Revised Code. In	77209
addition, annually, the amount of money necessary for the	77210
operation of the office of ombudsperson as determined under	77211
division (B) of that section shall be transferred to the state	77212
treasury to the credit of the small business ombudsperson fund	77213
created by that section.	77214

(2) Money received by the agency pursuant to divisions (D),	77215
(F), (G), (H), (I), and (J) of this section shall be deposited in	77216
the state treasury to the credit of the non-Title V clean air fund	77217
created in section 3704.035 of the Revised Code.	77218

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	77219
or (c) of this section, a person issued a water discharge permit	77220
or renewal of a water discharge permit pursuant to Chapter 6111.	77221
of the Revised Code shall pay a fee based on each point source to	77222
which the issuance is applicable in accordance with the following	77223
schedule:	77224

Design flow discharge (gallons per day)	Fee	77225
0 to 1000	$ 0	77226
1,001 to 5000	100	77227
5,001 to 50,000	200	77228
50,001 to 100,000	300	77229
100,001 to 300,000	525	77230
over 300,000	750	77231

(b) Notwithstanding the fee schedule specified in division	77232
(L)(1)(a) of this section, the fee for a water discharge permit	77233
that is applicable to coal mining operations regulated under	77234
Chapter 1513. of the Revised Code shall be two hundred fifty	77235
dollars per mine.	77236

(c) Notwithstanding the fee schedule specified in division	77237
(L)(1)(a) of this section, the fee for a water discharge permit	77238
for a public discharger identified by I in the third character of	77239
the permittee's NPDES permit number shall not exceed seven hundred	77240
fifty dollars.	77241

(2) A person applying for a plan approval for a wastewater	77242
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	77243
of the Revised Code shall pay a fee of one hundred dollars plus	77244
sixty-five one-hundredths of one per cent of the estimated project	77245
cost through June 30, ~~2014~~2016, and one hundred dollars plus	77246
two-tenths of one per cent of the estimated project cost on and	77247
after July 1, ~~2014~~2016, except that the total fee shall not	77248
exceed fifteen thousand dollars through June 30, ~~2014~~2016, and	77249
five thousand dollars on and after July 1, ~~2014~~2016. The fee	77250
shall be paid at the time the application is submitted.	77251

(3) A person issued a modification of a water discharge	77252
permit shall pay a fee equal to one-half the fee that otherwise	77253
would be charged for a water discharge permit, except that the fee	77254
for the modification shall not exceed four hundred dollars.	77255

(4) A person who has entered into an agreement with the	77256
director under section 6111.14 of the Revised Code shall pay an	77257
administrative service fee for each plan submitted under that	77258
section for approval that shall not exceed the minimum amount	77259
necessary to pay administrative costs directly attributable to	77260
processing plan approvals. The director annually shall calculate	77261
the fee and shall notify all persons who have entered into	77262
agreements under that section, or who have applied for agreements,	77263
of the amount of the fee.	77264

(5)(a)(i) Not later than January 30, ~~2012~~2014, and January	77265
30, ~~2013~~2015, a person holding an NPDES discharge permit issued	77266
pursuant to Chapter 6111. of the Revised Code with an average	77267
daily discharge flow of five thousand gallons or more shall pay a	77268
nonrefundable annual discharge fee. Any person who fails to pay	77269
the fee at that time shall pay an additional amount that equals	77270
ten per cent of the required annual discharge fee.	77271

(ii) The billing year for the annual discharge fee	77272
established in division (L)(5)(a)(i) of this section shall consist	77273
of a twelve-month period beginning on the first day of January of	77274
the year preceding the date when the annual discharge fee is due.	77275
In the case of an existing source that permanently ceases to	77276
discharge during a billing year, the director shall reduce the	77277
annual discharge fee, including the surcharge applicable to	77278
certain industrial facilities pursuant to division (L)(5)(c) of	77279
this section, by one-twelfth for each full month during the	77280
billing year that the source was not discharging, but only if the	77281
person holding the NPDES discharge permit for the source notifies	77282
the director in writing, not later than the first day of October	77283
of the billing year, of the circumstances causing the cessation of	77284
discharge.	77285

(iii) The annual discharge fee established in division	77286
(L)(5)(a)(i) of this section, except for the surcharge applicable	77287
to certain industrial facilities pursuant to division (L)(5)(c) of	77288
this section, shall be based upon the average daily discharge flow	77289
in gallons per day calculated using first day of May through	77290
thirty-first day of October flow data for the period two years	77291
prior to the date on which the fee is due. In the case of NPDES	77292
discharge permits for new sources, the fee shall be calculated	77293
using the average daily design flow of the facility until actual	77294
average daily discharge flow values are available for the time	77295
period specified in division (L)(5)(a)(iii) of this section. The	77296
annual discharge fee may be prorated for a new source as described	77297
in division (L)(5)(a)(ii) of this section.	77298

(b) An NPDES permit holder that is a public discharger shall	77299
pay the fee specified in the following schedule:	77300

Average daily	Fee due by	77301
discharge flow	January 30,	77302
	~~2012~~ 2014, and	77303
	January 30, ~~2013~~ 2015	77304

5,000 to 49,999	$ 200	77305
50,000 to 100,000	500	77306
100,001 to 250,000	1,050	77307
250,001 to 1,000,000	2,600	77308
1,000,001 to 5,000,000	5,200	77309
5,000,001 to 10,000,000	10,350	77310
10,000,001 to 20,000,000	15,550	77311
20,000,001 to 50,000,000	25,900	77312
50,000,001 to 100,000,000	41,400	77313
100,000,001 or more	62,100	77314

Public dischargers owning or operating two or more publicly	77315
owned treatment works serving the same political subdivision, as	77316
"treatment works" is defined in section 6111.01 of the Revised	77317
Code, and that serve exclusively political subdivisions having a	77318
population of fewer than one hundred thousand shall pay an annual	77319
discharge fee under division (L)(5)(b) of this section that is	77320
based on the combined average daily discharge flow of the	77321
treatment works.	77322

(c) An NPDES permit holder that is an industrial discharger,	77323
other than a coal mining operator identified by P in the third	77324
character of the permittee's NPDES permit number, shall pay the	77325
fee specified in the following schedule:	77326

Average daily	Fee due by	77327
discharge flow	January 30,	77328
	~~2012~~ 2014, and	77329
	January 30, ~~2013~~ 2015	77330

5,000 to 49,999	$ 250	77331
50,000 to 250,000	1,200	77332
250,001 to 1,000,000	2,950	77333
1,000,001 to 5,000,000	5,850	77334
5,000,001 to 10,000,000	8,800	77335
10,000,001 to 20,000,000	11,700	77336
20,000,001 to 100,000,000	14,050	77337
100,000,001 to 250,000,000	16,400	77338
250,000,001 or more	18,700	77339

In addition to the fee specified in the above schedule, an	77340
NPDES permit holder that is an industrial discharger classified as	77341
a major discharger during all or part of the annual discharge fee	77342
billing year specified in division (L)(5)(a)(ii) of this section	77343
shall pay a nonrefundable annual surcharge of seven thousand five	77344
hundred dollars not later than January 30, ~~2012~~2014, and not	77345
later than January 30, ~~2013~~2015. Any person who fails to pay the	77346
surcharge at that time shall pay an additional amount that equals	77347
ten per cent of the amount of the surcharge.	77348

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	77349
section, a public discharger identified by I in the third	77350
character of the permittee's NPDES permit number and an industrial	77351
discharger identified by I, J, L, V, W, X, Y, or Z in the third	77352
character of the permittee's NPDES permit number shall pay a	77353
nonrefundable annual discharge fee of one hundred eighty dollars	77354
not later than January 30, ~~2012~~2014, and not later than January	77355
30, ~~2013~~2015. Any person who fails to pay the fee at that time	77356
shall pay an additional amount that equals ten per cent of the	77357
required fee.	77358

(6) Each person obtaining a national pollutant discharge	77359
elimination system general or individual permit for municipal	77360
storm water discharge shall pay a nonrefundable storm water	77361
discharge fee of one hundred dollars per square mile of area	77362
permitted. The fee shall not exceed ten thousand dollars and shall	77363
be payable on or before January 30, 2004, and the thirtieth day of	77364
January of each year thereafter. Any person who fails to pay the	77365
fee on the date specified in division (L)(6) of this section shall	77366
pay an additional amount per year equal to ten per cent of the	77367
annual fee that is unpaid.	77368

(7) The director shall transmit all moneys collected under	77369
division (L) of this section to the treasurer of state for deposit	77370
into the state treasury to the credit of the surface water	77371
protection fund created in section 6111.038 of the Revised Code.	77372

(8) As used in division (L) of this section:

77373

(a) "NPDES" means the federally approved national pollutant	77374
discharge elimination system program for issuing, modifying,	77375
revoking, reissuing, terminating, monitoring, and enforcing	77376
permits and imposing and enforcing pretreatment requirements under	77377
Chapter 6111. of the Revised Code and rules adopted under it.	77378

(b) "Public discharger" means any holder of an NPDES permit	77379
identified by P in the second character of the NPDES permit number	77380
assigned by the director.	77381

(c) "Industrial discharger" means any holder of an NPDES	77382
permit identified by I in the second character of the NPDES permit	77383
number assigned by the director.	77384

(d) "Major discharger" means any holder of an NPDES permit	77385
classified as major by the regional administrator of the United	77386
States environmental protection agency in conjunction with the	77387
director.	77388

(M) Through June 30, ~~2014~~2016, a person applying for a	77389
license or license renewal to operate a public water system under	77390
section 6109.21 of the Revised Code shall pay the appropriate fee	77391
established under this division at the time of application to the	77392
director. Any person who fails to pay the fee at that time shall	77393
pay an additional amount that equals ten per cent of the required	77394
fee. The director shall transmit all moneys collected under this	77395
division to the treasurer of state for deposit into the drinking	77396
water protection fund created in section 6109.30 of the Revised	77397
Code.	77398

Except as provided in ~~division~~divisions (M)(4) and (5) of	77399
this section, fees required under this division shall be	77400
calculated and paid in accordance with the following schedule:	77401

(1) For the initial license required under section 6109.21 of	77402
the Revised Code for any public water system that is a community	77403
water system as defined in section 6109.01 of the Revised Code,	77404
and for each license renewal required for such a system prior to	77405
January 31, ~~2014~~2016, the fee is:	77406

Number of service connections		Fee amount	77407
	Not more than 49	$ 112	77408
	50 to 99	176	77409

Number of service connections		Average cost per connection	77410
	100 to 2,499	$ 1.92	77411
	2,500 to 4,999	1.48	77412
	5,000 to 7,499	1.42	77413
	7,500 to 9,999	1.34	77414
	10,000 to 14,999	1.16	77415
	15,000 to 24,999	1.10	77416
	25,000 to 49,999	1.04	77417
	50,000 to 99,999	.92	77418
	100,000 to 149,999	.86	77419
	150,000 to 199,999	.80	77420
	200,000 or more	.76	77421

A public water system may determine how it will pay the total	77422
amount of the fee calculated under division (M)(1) of this	77423
section, including the assessment of additional user fees that may	77424
be assessed on a volumetric basis.	77425

As used in division (M)(1) of this section, "service	77426
connection" means the number of active or inactive pipes,	77427
goosenecks, pigtails, and any other fittings connecting a water	77428
main to any building outlet.	77429

(2) For the initial license required under section 6109.21 of	77430
the Revised Code for any public water system that is not a	77431
community water system and serves a nontransient population, and	77432
for each license renewal required for such a system prior to	77433
January 31, ~~2014~~2016, the fee is:	77434

Population served	Fee amount	77435
Fewer than 150	$ 112	77436
150 to 299	176	77437
300 to 749	384	77438
750 to 1,499	628	77439
1,500 to 2,999	1,268	77440
3,000 to 7,499	2,816	77441
7,500 to 14,999	5,510	77442
15,000 to 22,499	9,048	77443
22,500 to 29,999	12,430	77444
30,000 or more	16,820	77445

As used in division (M)(2) of this section, "population	77446
served" means the total number of individuals having access to the	77447
water supply during a twenty-four-hour period for at least sixty	77448
days during any calendar year. In the absence of a specific	77449
population count, that number shall be calculated at the rate of	77450
three individuals per service connection.	77451

(3) For the initial license required under section 6109.21 of	77452
the Revised Code for any public water system that is not a	77453
community water system and serves a transient population, and for	77454
each license renewal required for such a system prior to January	77455
31, ~~2014~~2016, the fee is:	77456

Number of wells or sources, other than surface water, supplying system		Fee amount	77457
	1	$112	77458
	2	112	77459
	3	176	77460
	4	278	77461
	5	568	77462
	System designated as using a		77463
	surface water source	792	77464

As used in division (M)(3) of this section, "number of wells	77465
or sources, other than surface water, supplying system" means	77466
those wells or sources that are physically connected to the	77467
plumbing system serving the public water system.	77468

(4) A public water system designated as using a surface water	77469
source shall pay a fee of seven hundred ninety-two dollars or the	77470
amount calculated under division (M)(1) or (2) of this section,	77471
whichever is greater.	77472

(5) An applicant for an initial license who is proposing to	77473
operate a new public water supply system shall submit a fee that	77474
equals a prorated amount of the appropriate fee for the remainder	77475
of the licensing year.	77476

(N)(1) A person applying for a plan approval for a public	77477
water supply system under section 6109.07 of the Revised Code	77478
shall pay a fee of one hundred fifty dollars plus thirty-five	77479
hundredths of one per cent of the estimated project cost, except	77480
that the total fee shall not exceed twenty thousand dollars	77481
through June 30, ~~2014~~2016, and fifteen thousand dollars on and	77482
after July 1, ~~2014~~2016. The fee shall be paid at the time the	77483
application is submitted.	77484

(2) A person who has entered into an agreement with the	77485
director under division (A)(2) of section 6109.07 of the Revised	77486
Code shall pay an administrative service fee for each plan	77487
submitted under that section for approval that shall not exceed	77488
the minimum amount necessary to pay administrative costs directly	77489
attributable to processing plan approvals. The director annually	77490
shall calculate the fee and shall notify all persons that have	77491
entered into agreements under that division, or who have applied	77492
for agreements, of the amount of the fee.	77493

(3) Through June 30, ~~2014~~2016, the following fee, on a per	77494
survey basis, shall be charged any person for services rendered by	77495
the state in the evaluation of laboratories and laboratory	77496
personnel for compliance with accepted analytical techniques and	77497
procedures established pursuant to Chapter 6109. of the Revised	77498
Code for determining the qualitative characteristics of water:	77499

microbiological			77500
	MMO-MUG	$2,000	77501
	MF	2,100	77502
	MMO-MUG and MF	2,550	77503
organic chemical		5,400	77504
trace metals		5,400	77505
standard chemistry		2,800	77506
limited chemistry		1,550	77507

On and after July 1, ~~2014~~2016, the following fee, on a per	77508
survey basis, shall be charged any such person:	77509

microbiological	$ 1,650	77510
organic chemicals	3,500	77511
trace metals	3,500	77512
standard chemistry	1,800	77513
limited chemistry	1,000	77514

The fee for those services shall be paid at the time the request	77515
for the survey is made. Through June 30, ~~2014~~ 2016, an individual	77516
laboratory shall not be assessed a fee under this division more	77517
than once in any three-year period unless the person requests the	77518
addition of analytical methods or analysts, in which case the	77519
person shall pay eighteen hundred dollars for each additional	77520
survey requested.	77521

As used in division (N)(3) of this section:

77522

(a) "MF" means microfiltration.

77523

(b) "MMO" means minimal medium ONPG.

77524

77525

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

77526

The director shall transmit all moneys collected under this	77527
division to the treasurer of state for deposit into the drinking	77528
water protection fund created in section 6109.30 of the Revised	77529
Code.	77530

(O) Any person applying to the director to take an	77531
examination for certification as an operator of a water supply	77532
system or wastewater system under Chapter 6109. or 6111. of the	77533
Revised Code that is administered by the director, at the time the	77534
application is submitted, shall pay a fee in accordance with the	77535
following schedule through November 30, ~~2014~~2016:	77536

Class A operator	$ 80	77537
Class I operator	105	77538
Class II operator	120	77539
Class III operator	130	77540
Class IV operator	145	77541

On and after December 1, ~~2014~~2016, the applicant shall pay a	77542
fee in accordance with the following schedule:	77543

Class A operator	$ 50	77544
Class I operator	70	77545
Class II operator	80	77546
Class III operator	90	77547
Class IV operator	100	77548

Any person applying to the director for certification as an	77549
operator of a water supply system or wastewater system who has	77550
passed an examination administered by an examination provider	77551
approved by the director shall pay a certification fee of	77552
forty-five dollars.	77553

A person shall pay a biennial certification renewal fee for	77554
each applicable class of certification in accordance with the	77555
following schedule:	77556

Class A operator	$25	77557
Class I operator	35	77558
Class II operator	45	77559
Class III operator	55	77560
Class IV operator	65	77561

If a certification renewal fee is received by the director	77562
more than thirty days, but not more than one year after the	77563
expiration date of the certification, the person shall pay a	77564
certification renewal fee in accordance with the following	77565
schedule:	77566

Class A operator	$45	77567
Class I operator	55	77568
Class II operator	65	77569
Class III operator	75	77570
Class IV operator	85	77571

A person who requests a replacement certificate shall pay a	77572
fee of twenty-five dollars at the time the request is made.	77573

Any person applying to be a water supply system or wastewater	77574
treatment system examination provider shall pay an application fee	77575
of five hundred dollars. Any person approved by the director as a	77576
water supply system or wastewater treatment system examination	77577
provider shall pay an annual fee that is equal to ten per cent of	77578
the fees that the provider assesses and collects for administering	77579
water supply system or wastewater treatment system certification	77580
examinations in this state for the calendar year. The fee shall be	77581
paid not later than forty-five days after the end of a calendar	77582
year.	77583

The director shall transmit all moneys collected under this	77584
division to the treasurer of state for deposit into the drinking	77585
water protection fund created in section 6109.30 of the Revised	77586
Code.	77587

(P) Any person submitting an application for an industrial	77588
water pollution control certificate under section 6111.31 of the	77589
Revised Code, as that section existed before its repeal by H.B. 95	77590
of the 125th general assembly, shall pay a nonrefundable fee of	77591
five hundred dollars at the time the application is submitted. The	77592
director shall transmit all moneys collected under this division	77593
to the treasurer of state for deposit into the surface water	77594
protection fund created in section 6111.038 of the Revised Code. A	77595
person paying a certificate fee under this division shall not pay	77596
an application fee under division (S)(1) of this section. On and	77597
after June 26, 2003, persons shall file such applications and pay	77598
the fee as required under sections 5709.20 to 5709.27 of the	77599
Revised Code, and proceeds from the fee shall be credited as	77600
provided in section 5709.212 of the Revised Code.	77601

(Q) Except as otherwise provided in division (R) of this	77602
section, a person issued a permit by the director for a new solid	77603
waste disposal facility other than an incineration or composting	77604
facility, a new infectious waste treatment facility other than an	77605
incineration facility, or a modification of such an existing	77606
facility that includes an increase in the total disposal or	77607
treatment capacity of the facility pursuant to Chapter 3734. of	77608
the Revised Code shall pay a fee of ten dollars per thousand cubic	77609
yards of disposal or treatment capacity, or one thousand dollars,	77610
whichever is greater, except that the total fee for any such	77611
permit shall not exceed eighty thousand dollars. A person issued a	77612
modification of a permit for a solid waste disposal facility or an	77613
infectious waste treatment facility that does not involve an	77614
increase in the total disposal or treatment capacity of the	77615
facility shall pay a fee of one thousand dollars. A person issued	77616
a permit to install a new, or modify an existing, solid waste	77617
transfer facility under that chapter shall pay a fee of two	77618
thousand five hundred dollars. A person issued a permit to install	77619
a new or to modify an existing solid waste incineration or	77620
composting facility, or an existing infectious waste treatment	77621
facility using incineration as its principal method of treatment,	77622
under that chapter shall pay a fee of one thousand dollars. The	77623
increases in the permit fees under this division resulting from	77624
the amendments made by Amended Substitute House Bill 592 of the	77625
117th general assembly do not apply to any person who submitted an	77626
application for a permit to install a new, or modify an existing,	77627
solid waste disposal facility under that chapter prior to	77628
September 1, 1987; any such person shall pay the permit fee	77629
established in this division as it existed prior to June 24, 1988.	77630
In addition to the applicable permit fee under this division, a	77631
person issued a permit to install or modify a solid waste facility	77632
or an infectious waste treatment facility under that chapter who	77633
fails to pay the permit fee to the director in compliance with	77634
division (V) of this section shall pay an additional ten per cent	77635
of the amount of the fee for each week that the permit fee is	77636
late.	77637

Permit and late payment fees paid to the director under this	77638
division shall be credited to the general revenue fund.	77639

(R)(1) A person issued a registration certificate for a scrap	77640
tire collection facility under section 3734.75 of the Revised Code	77641
shall pay a fee of two hundred dollars, except that if the	77642
facility is owned or operated by a motor vehicle salvage dealer	77643
licensed under Chapter 4738. of the Revised Code, the person shall	77644
pay a fee of twenty-five dollars.	77645

(2) A person issued a registration certificate for a new	77646
scrap tire storage facility under section 3734.76 of the Revised	77647
Code shall pay a fee of three hundred dollars, except that if the	77648
facility is owned or operated by a motor vehicle salvage dealer	77649
licensed under Chapter 4738. of the Revised Code, the person shall	77650
pay a fee of twenty-five dollars.	77651

(3) A person issued a permit for a scrap tire storage	77652
facility under section 3734.76 of the Revised Code shall pay a fee	77653
of one thousand dollars, except that if the facility is owned or	77654
operated by a motor vehicle salvage dealer licensed under Chapter	77655
4738. of the Revised Code, the person shall pay a fee of fifty	77656
dollars.	77657

(4) A person issued a permit for a scrap tire monocell or	77658
monofill facility under section 3734.77 of the Revised Code shall	77659
pay a fee of ten dollars per thousand cubic yards of disposal	77660
capacity or one thousand dollars, whichever is greater, except	77661
that the total fee for any such permit shall not exceed eighty	77662
thousand dollars.	77663

(5) A person issued a registration certificate for a scrap	77664
tire recovery facility under section 3734.78 of the Revised Code	77665
shall pay a fee of one hundred dollars.	77666

(6) A person issued a permit for a scrap tire recovery	77667
facility under section 3734.78 of the Revised Code shall pay a fee	77668
of one thousand dollars.	77669

(7) In addition to the applicable registration certificate or	77670
permit fee under divisions (R)(1) to (6) of this section, a person	77671
issued a registration certificate or permit for any such scrap	77672
tire facility who fails to pay the registration certificate or	77673
permit fee to the director in compliance with division (V) of this	77674
section shall pay an additional ten per cent of the amount of the	77675
fee for each week that the fee is late.	77676

(8) The registration certificate, permit, and late payment	77677
fees paid to the director under divisions (R)(1) to (7) of this	77678
section shall be credited to the scrap tire management fund	77679
created in section 3734.82 of the Revised Code.	77680

(S)(1) Except as provided by divisions (L), (M), (N), (O),	77681
(P), and (S)(2) of this section, division (A)(2) of section	77682
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	77683
and rules adopted under division (T)(1) of this section, any	77684
person applying for a registration certificate under section	77685
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	77686
variance, or plan approval under Chapter 3734. of the Revised Code	77687
shall pay a nonrefundable fee of fifteen dollars at the time the	77688
application is submitted.	77689

Except as otherwise provided, any person applying for a	77690
permit, variance, or plan approval under Chapter 6109. or 6111. of	77691
the Revised Code shall pay a nonrefundable fee of one hundred	77692
dollars at the time the application is submitted through June 30,	77693
~~2014~~2016, and a nonrefundable fee of fifteen dollars at the time	77694
the application is submitted on and after July 1, ~~2014~~2016.	77695
Except as provided in division (S)(3) of this section, through	77696
June 30, ~~2014~~2016, any person applying for a national pollutant	77697
discharge elimination system permit under Chapter 6111. of the	77698
Revised Code shall pay a nonrefundable fee of two hundred dollars	77699
at the time of application for the permit. On and after July 1,	77700
~~2014~~2016, such a person shall pay a nonrefundable fee of fifteen	77701
dollars at the time of application.	77702

In addition to the application fee established under division	77703
(S)(1) of this section, any person applying for a national	77704
pollutant discharge elimination system general storm water	77705
construction permit shall pay a nonrefundable fee of twenty	77706
dollars per acre for each acre that is permitted above five acres	77707
at the time the application is submitted. However, the per acreage	77708
fee shall not exceed three hundred dollars. In addition, any	77709
person applying for a national pollutant discharge elimination	77710
system general storm water industrial permit shall pay a	77711
nonrefundable fee of one hundred fifty dollars at the time the	77712
application is submitted.	77713

The director shall transmit all moneys collected under	77714
division (S)(1) of this section pursuant to Chapter 6109. of the	77715
Revised Code to the treasurer of state for deposit into the	77716
drinking water protection fund created in section 6109.30 of the	77717
Revised Code.	77718

The director shall transmit all moneys collected under	77719
division (S)(1) of this section pursuant to Chapter 6111. of the	77720
Revised Code and under division (S)(3) of this section to the	77721
treasurer of state for deposit into the surface water protection	77722
fund created in section 6111.038 of the Revised Code.	77723

If a registration certificate is issued under section	77724
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	77725
the application fee paid shall be deducted from the amount of the	77726
registration certificate fee due under division (R)(1), (2), or	77727
(5) of this section, as applicable.	77728

If a person submits an electronic application for a	77729
registration certificate, permit, variance, or plan approval for	77730
which an application fee is established under division (S)(1) of	77731
this section, the person shall pay the applicable application fee	77732
as expeditiously as possible after the submission of the	77733
electronic application. An application for a registration	77734
certificate, permit, variance, or plan approval for which an	77735
application fee is established under division (S)(1) of this	77736
section shall not be reviewed or processed until the applicable	77737
application fee, and any other fees established under this	77738
division, are paid.	77739

(2) Division (S)(1) of this section does not apply to an	77740
application for a registration certificate for a scrap tire	77741
collection or storage facility submitted under section 3734.75 or	77742
3734.76 of the Revised Code, as applicable, if the owner or	77743
operator of the facility or proposed facility is a motor vehicle	77744
salvage dealer licensed under Chapter 4738. of the Revised Code.	77745

(3) A person applying for coverage under a national pollutant	77746
discharge elimination system general discharge permit for	77747
household sewage treatment systems shall pay the following fees:	77748

(a) A nonrefundable fee of two hundred dollars at the time of	77749
application for initial permit coverage;	77750

(b) A nonrefundable fee of one hundred dollars at the time of	77751
application for a renewal of permit coverage.	77752

(T) The director may adopt, amend, and rescind rules in	77753
accordance with Chapter 119. of the Revised Code that do all of	77754
the following:	77755

(1) Prescribe fees to be paid by applicants for and holders	77756
of any license, permit, variance, plan approval, or certification	77757
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	77758
the Revised Code that are not specifically established in this	77759
section. The fees shall be designed to defray the cost of	77760
processing, issuing, revoking, modifying, denying, and enforcing	77761
the licenses, permits, variances, plan approvals, and	77762
certifications.	77763

The director shall transmit all moneys collected under rules	77764
adopted under division (T)(1) of this section pursuant to Chapter	77765
6109. of the Revised Code to the treasurer of state for deposit	77766
into the drinking water protection fund created in section 6109.30	77767
of the Revised Code.	77768

The director shall transmit all moneys collected under rules	77769
adopted under division (T)(1) of this section pursuant to Chapter	77770
6111. of the Revised Code to the treasurer of state for deposit	77771
into the surface water protection fund created in section 6111.038	77772
of the Revised Code.	77773

(2) Exempt the state and political subdivisions thereof,	77774
including education facilities or medical facilities owned by the	77775
state or a political subdivision, or any person exempted from	77776
taxation by section 5709.07 or 5709.12 of the Revised Code, from	77777
any fee required by this section;	77778

(3) Provide for the waiver of any fee, or any part thereof,	77779
otherwise required by this section whenever the director	77780
determines that the imposition of the fee would constitute an	77781
unreasonable cost of doing business for any applicant, class of	77782
applicants, or other person subject to the fee;	77783

(4) Prescribe measures that the director considers necessary	77784
to carry out this section.	77785

(U) When the director reasonably demonstrates that the direct	77786
cost to the state associated with the issuance of a permit to	77787
install, license, variance, plan approval, or certification	77788
exceeds the fee for the issuance or review specified by this	77789
section, the director may condition the issuance or review on the	77790
payment by the person receiving the issuance or review of, in	77791
addition to the fee specified by this section, the amount, or any	77792
portion thereof, in excess of the fee specified under this	77793
section. The director shall not so condition issuances for which a	77794
fee is prescribed in division (L)(1)(b) of this section.	77795

(V) Except as provided in divisions (L), (M), and (P) of this	77796
section or unless otherwise prescribed by a rule of the director	77797
adopted pursuant to Chapter 119. of the Revised Code, all fees	77798
required by this section are payable within thirty days after the	77799
issuance of an invoice for the fee by the director or the	77800
effective date of the issuance of the license, permit, variance,	77801
plan approval, or certification. If payment is late, the person	77802
responsible for payment of the fee shall pay an additional ten per	77803
cent of the amount due for each month that it is late.	77804

(W) As used in this section, "fuel-burning equipment,"	77805
"fuel-burning equipment input capacity," "incinerator,"	77806
"incinerator input capacity," "process," "process weight rate,"	77807
"storage tank," "gasoline dispensing facility," "dry cleaning	77808
facility," "design flow discharge," and "new source treatment	77809
works" have the meanings ascribed to those terms by applicable	77810
rules or standards adopted by the director under Chapter 3704. or	77811
6111. of the Revised Code.	77812

(X) As used in divisions (B), (D), (E), (F), (H), (I), and	77813
(J) of this section, and in any other provision of this section	77814
pertaining to fees paid pursuant to Chapter 3704. of the Revised	77815
Code:	77816

(1) "Facility," "federal Clean Air Act," "person," and "Title	77817
V permit" have the same meanings as in section 3704.01 of the	77818
Revised Code.	77819

(2) "Title V permit program" means the following activities	77820
as necessary to meet the requirements of Title V of the federal	77821
Clean Air Act and 40 C.F.R. part 70, including at least:	77822

(a) Preparing and adopting, if applicable, generally	77823
applicable rules or guidance regarding the permit program or its	77824
implementation or enforcement;	77825

(b) Reviewing and acting on any application for a Title V	77826
permit, permit revision, or permit renewal, including the	77827
development of an applicable requirement as part of the processing	77828
of a permit, permit revision, or permit renewal;	77829

(c) Administering the permit program, including the	77830
supporting and tracking of permit applications, compliance	77831
certification, and related data entry;	77832

(d) Determining which sources are subject to the program and	77833
implementing and enforcing the terms of any Title V permit, not	77834
including any court actions or other formal enforcement actions;	77835

(e) Emission and ambient monitoring;

77836

(f) Modeling, analyses, or demonstrations;

77837

(g) Preparing inventories and tracking emissions;

77838

(h) Providing direct and indirect support to small business	77839
stationary sources to determine and meet their obligations under	77840
the federal Clean Air Act pursuant to the small business	77841
stationary source technical and environmental compliance	77842
assistance program required by section 507 of that act and	77843
established in sections 3704.18, 3704.19, and 3706.19 of the	77844
Revised Code.	77845

(3) "Organic compound" means any chemical compound of carbon,	77846
excluding carbon monoxide, carbon dioxide, carbonic acid, metallic	77847
carbides or carbonates, and ammonium carbonate.	77848

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	77849
of this section, each sewage sludge facility shall pay a	77850
nonrefundable annual sludge fee equal to three dollars and fifty	77851
cents per dry ton of sewage sludge, including the dry tons of	77852
sewage sludge in materials derived from sewage sludge, that the	77853
sewage sludge facility treats or disposes of in this state. The	77854
annual volume of sewage sludge treated or disposed of by a sewage	77855
sludge facility shall be calculated using the first day of January	77856
through the thirty-first day of December of the calendar year	77857
preceding the date on which payment of the fee is due.	77858

(2)(a) Except as provided in division (Y)(2)(d) of this	77859
section, each sewage sludge facility shall pay a minimum annual	77860
sewage sludge fee of one hundred dollars.	77861

(b) The annual sludge fee required to be paid by a sewage	77862
sludge facility that treats or disposes of exceptional quality	77863
sludge in this state shall be thirty-five per cent less per dry	77864
ton of exceptional quality sludge than the fee assessed under	77865
division (Y)(1) of this section, subject to the following	77866
exceptions:	77867

(i) Except as provided in division (Y)(2)(d) of this section,	77868
a sewage sludge facility that treats or disposes of exceptional	77869
quality sludge shall pay a minimum annual sewage sludge fee of one	77870
hundred dollars.	77871

(ii) A sewage sludge facility that treats or disposes of	77872
exceptional quality sludge shall not be required to pay the annual	77873
sludge fee for treatment or disposal in this state of exceptional	77874
quality sludge generated outside of this state and contained in	77875
bags or other containers not greater than one hundred pounds in	77876
capacity.	77877

A thirty-five per cent reduction for exceptional quality	77878
sludge applies to the maximum annual fees established under	77879
division (Y)(3) of this section.	77880

(c) A sewage sludge facility that transfers sewage sludge to	77881
another sewage sludge facility in this state for further treatment	77882
prior to disposal in this state shall not be required to pay the	77883
annual sludge fee for the tons of sewage sludge that have been	77884
transferred. In such a case, the sewage sludge facility that	77885
disposes of the sewage sludge shall pay the annual sludge fee.	77886
However, the facility transferring the sewage sludge shall pay the	77887
one-hundred-dollar minimum fee required under division (Y)(2)(a)	77888
of this section.	77889

In the case of a sewage sludge facility that treats sewage	77890
sludge in this state and transfers it out of this state to another	77891
entity for disposal, the sewage sludge facility in this state	77892
shall be required to pay the annual sludge fee for the tons of	77893
sewage sludge that have been transferred.	77894

(d) A sewage sludge facility that generates sewage sludge	77895
resulting from an average daily discharge flow of less than five	77896
thousand gallons per day is not subject to the fees assessed under	77897
division (Y) of this section.	77898

(3) No sewage sludge facility required to pay the annual	77899
sludge fee shall be required to pay more than the maximum annual	77900
fee for each disposal method that the sewage sludge facility uses.	77901
The maximum annual fee does not include the additional amount that	77902
may be charged under division (Y)(5) of this section for late	77903
payment of the annual sludge fee. The maximum annual fee for the	77904
following methods of disposal of sewage sludge is as follows:	77905

(a) Incineration: five thousand dollars;

77906

(b) Preexisting land reclamation project or disposal in a	77907
landfill: five thousand dollars;	77908

(c) Land application, land reclamation, surface disposal, or	77909
any other disposal method not specified in division (Y)(3)(a) or	77910
(b) of this section: twenty thousand dollars.	77911

(4)(a) In the case of an entity that generates sewage sludge	77912
or a sewage sludge facility that treats sewage sludge and	77913
transfers the sewage sludge to an incineration facility for	77914
disposal, the incineration facility, and not the entity generating	77915
the sewage sludge or the sewage sludge facility treating the	77916
sewage sludge, shall pay the annual sludge fee for the tons of	77917
sewage sludge that are transferred. However, the entity or	77918
facility generating or treating the sewage sludge shall pay the	77919
one-hundred-dollar minimum fee required under division (Y)(2)(a)	77920
of this section.	77921

(b) In the case of an entity that generates sewage sludge and	77922
transfers the sewage sludge to a landfill for disposal or to a	77923
sewage sludge facility for land reclamation or surface disposal,	77924
the entity generating the sewage sludge, and not the landfill or	77925
sewage sludge facility, shall pay the annual sludge fee for the	77926
tons of sewage sludge that are transferred.	77927

(5) Not later than the first day of April of the calendar	77928
year following March 17, 2000, and each first day of April	77929
thereafter, the director shall issue invoices to persons who are	77930
required to pay the annual sludge fee. The invoice shall identify	77931
the nature and amount of the annual sludge fee assessed and state	77932
the first day of May as the deadline for receipt by the director	77933
of objections regarding the amount of the fee and the first day of	77934
July as the deadline for payment of the fee.	77935

Not later than the first day of May following receipt of an	77936
invoice, a person required to pay the annual sludge fee may submit	77937
objections to the director concerning the accuracy of information	77938
regarding the number of dry tons of sewage sludge used to	77939
calculate the amount of the annual sludge fee or regarding whether	77940
the sewage sludge qualifies for the exceptional quality sludge	77941
discount established in division (Y)(2)(b) of this section. The	77942
director may consider the objections and adjust the amount of the	77943
fee to ensure that it is accurate.	77944

If the director does not adjust the amount of the annual	77945
sludge fee in response to a person's objections, the person may	77946
appeal the director's determination in accordance with Chapter	77947
119. of the Revised Code.	77948

Not later than the first day of June, the director shall	77949
notify the objecting person regarding whether the director has	77950
found the objections to be valid and the reasons for the finding.	77951
If the director finds the objections to be valid and adjusts the	77952
amount of the annual sludge fee accordingly, the director shall	77953
issue with the notification a new invoice to the person	77954
identifying the amount of the annual sludge fee assessed and	77955
stating the first day of July as the deadline for payment.	77956

Not later than the first day of July, any person who is	77957
required to do so shall pay the annual sludge fee. Any person who	77958
is required to pay the fee, but who fails to do so on or before	77959
that date shall pay an additional amount that equals ten per cent	77960
of the required annual sludge fee.	77961

(6) The director shall transmit all moneys collected under	77962
division (Y) of this section to the treasurer of state for deposit	77963
into the surface water protection fund created in section 6111.038	77964
of the Revised Code. The moneys shall be used to defray the costs	77965
of administering and enforcing provisions in Chapter 6111. of the	77966
Revised Code and rules adopted under it that govern the use,	77967
storage, treatment, or disposal of sewage sludge.	77968

(7) Beginning in fiscal year 2001, and every two years	77969
thereafter, the director shall review the total amount of moneys	77970
generated by the annual sludge fees to determine if that amount	77971
exceeded six hundred thousand dollars in either of the two	77972
preceding fiscal years. If the total amount of moneys in the fund	77973
exceeded six hundred thousand dollars in either fiscal year, the	77974
director, after review of the fee structure and consultation with	77975
affected persons, shall issue an order reducing the amount of the	77976
fees levied under division (Y) of this section so that the	77977
estimated amount of moneys resulting from the fees will not exceed	77978
six hundred thousand dollars in any fiscal year.	77979

If, upon review of the fees under division (Y)(7) of this	77980
section and after the fees have been reduced, the director	77981
determines that the total amount of moneys collected and	77982
accumulated is less than six hundred thousand dollars, the	77983
director, after review of the fee structure and consultation with	77984
affected persons, may issue an order increasing the amount of the	77985
fees levied under division (Y) of this section so that the	77986
estimated amount of moneys resulting from the fees will be	77987
approximately six hundred thousand dollars. Fees shall never be	77988
increased to an amount exceeding the amount specified in division	77989
(Y)(7) of this section.	77990

Notwithstanding section 119.06 of the Revised Code, the	77991
director may issue an order under division (Y)(7) of this section	77992
without the necessity to hold an adjudicatory hearing in	77993
connection with the order. The issuance of an order under this	77994
division is not an act or action for purposes of section 3745.04	77995
of the Revised Code.	77996

(8) As used in division (Y) of this section:

77997

(a) "Sewage sludge facility" means an entity that performs	77998
treatment on or is responsible for the disposal of sewage sludge.	77999

(b) "Sewage sludge" means a solid, semi-solid, or liquid	78000
residue generated during the treatment of domestic sewage in a	78001
treatment works as defined in section 6111.01 of the Revised Code.	78002
"Sewage sludge" includes, but is not limited to, scum or solids	78003
removed in primary, secondary, or advanced wastewater treatment	78004
processes. "Sewage sludge" does not include ash generated during	78005
the firing of sewage sludge in a sewage sludge incinerator, grit	78006
and screenings generated during preliminary treatment of domestic	78007
sewage in a treatment works, animal manure, residue generated	78008
during treatment of animal manure, or domestic septage.	78009

(c) "Exceptional quality sludge" means sewage sludge that	78010
meets all of the following qualifications:	78011

(i) Satisfies the class A pathogen standards in 40 C.F.R.	78012
503.32(a);	78013

(ii) Satisfies one of the vector attraction reduction	78014
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	78015

(iii) Does not exceed the ceiling concentration limitations	78016
for metals listed in table one of 40 C.F.R. 503.13;	78017

(iv) Does not exceed the concentration limitations for metals	78018
listed in table three of 40 C.F.R. 503.13.	78019

(d) "Treatment" means the preparation of sewage sludge for	78020
final use or disposal and includes, but is not limited to,	78021
thickening, stabilization, and dewatering of sewage sludge.	78022

(e) "Disposal" means the final use of sewage sludge,	78023
including, but not limited to, land application, land reclamation,	78024
surface disposal, or disposal in a landfill or an incinerator.	78025

(f) "Land application" means the spraying or spreading of	78026
sewage sludge onto the land surface, the injection of sewage	78027
sludge below the land surface, or the incorporation of sewage	78028
sludge into the soil for the purposes of conditioning the soil or	78029
fertilizing crops or vegetation grown in the soil.	78030

(g) "Land reclamation" means the returning of disturbed land	78031
to productive use.	78032

(h) "Surface disposal" means the placement of sludge on an	78033
area of land for disposal, including, but not limited to,	78034
monofills, surface impoundments, lagoons, waste piles, or	78035
dedicated disposal sites.	78036

(i) "Incinerator" means an entity that disposes of sewage	78037
sludge through the combustion of organic matter and inorganic	78038
matter in sewage sludge by high temperatures in an enclosed	78039
device.	78040

(j) "Incineration facility" includes all incinerators owned	78041
or operated by the same entity and located on a contiguous tract	78042
of land. Areas of land are considered to be contiguous even if	78043
they are separated by a public road or highway.	78044

(k) "Annual sludge fee" means the fee assessed under division	78045
(Y)(1) of this section.	78046

(l) "Landfill" means a sanitary landfill facility, as defined	78047
in rules adopted under section 3734.02 of the Revised Code, that	78048
is licensed under section 3734.05 of the Revised Code.	78049

(m) "Preexisting land reclamation project" means a	78050
property-specific land reclamation project that has been in	78051
continuous operation for not less than five years pursuant to	78052
approval of the activity by the director and includes the	78053
implementation of a community outreach program concerning the	78054
activity.	78055

Sec. 3745.113. (A) A person that applies for a state isolated	78056
wetland permit under Chapter 6111. of the Revised Code and rules	78057
adopted under it shall pay an application fee of two hundred	78058
dollars at the time of application.	78059

In addition, that person shall pay, at the time of	78060
application, a review fee of five hundred dollars per acre of the	78061
wetlands to be impacted.	78062

However, the review fee shall not exceed five thousand	78063
dollars per application. In addition, if an application is denied,	78064
the director of environmental protection shall refund to the	78065
applicant one-half of the amount of the review fee paid by the	78066
applicant under division (A) of this section.	78067

(B) If a person conducts any activities for which an	78068
individual state isolated wetland permit is required under Chapter	78069
6111. of the Revised Code and rules adopted under it without first	78070
obtaining such a permit, the person shall pay twice the amount of	78071
the application and review fees that the person otherwise would	78072
have been required to pay under division (A) of this section, not	78073
to exceed ten thousand dollars.	78074

(C) All moneys collected under this section shall be	78075
deposited in the state treasury to the credit of the ~~dredge and~~	78076
~~fill~~surface water protection fund created in section ~~6111.029~~	78077
6111.038 of the Revised Code.	78078

(D) Fees established under this section shall not apply to	78079
any agency or department of the state or to any county, township,	78080
or municipal corporation in this state.	78081

Sec. 3745.72. (A) The owner or operator of a facility or	78082
property who conducts an environmental audit of the facility or	78083
property and promptly and voluntarily discloses information	78084
contained in or derived from an audit report that is based on the	78085
audit and concerns an alleged violation of environmental laws to	78086
the director of the state agency that has jurisdiction over the	78087
alleged violation is immune from any administrative and civil	78088
penalties for the specific violation disclosed, except that where	78089
the disclosed violation has resulted in significant economic	78090
benefit to the owner or operator of the facility or property,	78091
there is no immunity for the economic benefit component of the	78092
administrative and civil penalties for that violation. An owner or	78093
operator asserting entitlement to such immunity has the burden of	78094
proving that entitlement by a preponderance of the evidence.	78095

(B) For the purposes of this section, a disclosure of	78096
information is voluntary with respect to an alleged violation of	78097
environmental laws only if all of the following apply:	78098

(1) The disclosure is made promptly after the information is	78099
obtained through the environmental audit by the owner or operator	78100
who conducts the environmental audit.	78101

(2) A reasonable, good faith effort is made to achieve	78102
compliance as quickly as practicable with environmental laws	78103
applicable to the information disclosed.	78104

(3) Compliance with environmental laws applicable to the	78105
information disclosed is achieved as quickly as practicable or	78106
within such period as is reasonably ordered by the director of the	78107
state agency that has jurisdiction over the alleged violation.	78108

(4) The owner or operator cooperates with the director of the	78109
state agency that has jurisdiction over the alleged violation in	78110
investigating the cause, nature, extent, and effects of the	78111
noncompliance.	78112

(5) The disclosure is not required by law, prior litigation,	78113
or an order by a court or a government agency.	78114

(6) The owner or operator who makes the disclosure does not	78115
know or have reason to know that a government agency charged with	78116
enforcing environmental laws has commenced an investigation or	78117
enforcement action that concerns a violation of such laws	78118
involving the activity.	78119

(C) For the purposes of this section, a disclosure shall be	78120
in writing, dated, and hand delivered or sent by certified mail to	78121
the director of the state agency that has jurisdiction over the	78122
alleged violation, and shall contain all of the following in a	78123
printed letter attached to the front of the disclosure:	78124

(1) The name, address, and telephone number of the owner or	78125
operator making the disclosure;	78126

(2) The name, title, address, and telephone number of one or	78127
more persons associated with the owner or operator who may be	78128
contacted regarding the disclosure;	78129

(3) A brief summary of the alleged violation of environmental	78130
laws, including, without limitation, the nature, date, and	78131
location of the alleged violation to the extent that the	78132
information is known by the owner or operator;	78133

(4) A statement that the information is part of an	78134
environmental audit report and is being disclosed under section	78135
3745.72 of the Revised Code in order to obtain the immunity	78136
provided by that section.	78137

(D) This section does not provide immunity from the payment	78138
of damages for harm to persons, property, or the environment; the	78139
payment of reasonable costs incurred by a government agency in	78140
responding to a disclosure; or responsibility for the remediation	78141
or cleanup of environmental harm under environmental laws.	78142

(E) The immunity provided by this section does not apply	78143
under any of the following circumstances:	78144

(1) Within the three-year period prior to disclosure, the	78145
owner or operator of a facility or property has committed	78146
significant violations that constitute a pattern of continuous or	78147
repeated violations of environmental laws, environmental related	78148
settlement agreements, or environmental related judicial orders	78149
and that arose from separate and distinct events. For the purposes	78150
of division (E)(1) of this section, a pattern of continuous or	78151
repeated violations also may be demonstrated by multiple	78152
settlement agreements related to substantially the same alleged	78153
significant violations that occurred within the three-year period	78154
immediately prior to the voluntary disclosure. Determination of	78155
whether a person has a pattern of continuous or repeated	78156
violations under division (E)(1) of this section shall be based on	78157
the compliance history of the property or specific facility at	78158
issue.	78159

(2) With respect to a specific violation, the violation	78160
resulted in serious harm or in imminent and substantial	78161
endangerment to human health or the environment.	78162

(3) With respect to a specific violation, the violation is of	78163
a specific requirement of an administrative or judicial order.	78164

(F) The immunity provided by this section applies only to	78165
disclosures made concerning environmental audits initiated after	78166
March 13, 1997, ~~and completed before January 1, 2014,~~ in	78167
accordance with the time frames specified in division (A) of	78168
section 3745.70 of the Revised Code.	78169

(G) The immunity provided by this section applies to a person	78170
who makes a good faith disclosure to a state agency under this	78171
section even though another state agency is determined to have	78172
jurisdiction over an alleged violation of environmental laws	78173
indicated in the disclosure.	78174

(H) Each state agency that receives a disclosure under this	78175
section promptly shall record receipt of the disclosure, determine	78176
whether it has jurisdiction over the alleged violation of	78177
environmental laws indicated in the disclosure, and, if it does	78178
not have such jurisdiction, deliver the disclosure documents to	78179
the director of a state agency that has jurisdiction over the	78180
alleged violation. If a disclosure indicates alleged violations of	78181
environmental laws that are under the jurisdiction of more than	78182
one state agency, the state agency that first receives the	78183
disclosure and has jurisdiction over any of the alleged violations	78184
promptly shall notify the director of each state agency that has	78185
jurisdiction over any of such alleged violations. The director of	78186
each state agency that receives a disclosure under this section,	78187
or is notified by another state agency that the director's agency	78188
has jurisdiction over an alleged violation of environmental laws	78189
indicated in the disclosure, promptly shall deliver written notice	78190
of that fact by certified mail to the owner or operator who made	78191
the disclosure. The notice shall identify the state agency that	78192
sends the notice; state the name, title, address, and telephone	78193
number of a person in the agency whom the owner or operator may	78194
contact regarding the disclosure; and state the name, address, and	78195
telephone number of the director of any other state agency	78196
notified about the disclosure because that agency has jurisdiction	78197
over an alleged violation of environmental laws indicated in the	78198
disclosure.	78199

Sec. 3748.01. As used in this chapter:

78200

(A) "Byproduct material" means either of the following:

78201

(1) Any radioactive material, except special nuclear	78202
material, yielded in or made radioactive by exposure to radiation	78203
incident to the process of producing or utilizing special nuclear	78204
material;	78205

(2) The tailings or wastes produced by the extraction or	78206
concentration of uranium or thorium from any ore processed	78207
primarily for its source material content.	78208

(B) "Certified radiation expert" means an individual who has	78209
complied with all of the following:	78210

(1) Applied to the director of health for certification as a	78211
radiation expert under section 3748.12 of the Revised Code;	78212

(2) Met minimum education and experience requirements	78213
established in rules adopted under division (C) of section 3748.04	78214
of the Revised Code;	78215

(3) Been granted a certificate as a radiation expert by the	78216
director under section 3748.12 of the Revised Code.	78217

(C) "Closure" or "site closure" refers to a facility for the	78218
disposal of low-level radioactive waste or a byproduct material	78219
site, as "byproduct material" is defined in division (A)(2) of	78220
this section, and means all activities performed at a licensed	78221
operation, such as stabilization and contouring, to ensure that	78222
the site where the operation occurred is in a stable condition so	78223
that only minor custodial care, surveillance, and monitoring are	78224
necessary at the site following the termination of the licensed	78225
operation.	78226

(D) "Decommissioning" means to safely remove any licensed	78227
operation from service and reduce residual radioactivity to a	78228
level that permits release of the licensee's property for	78229
unrestricted use. With regard to a facility for the disposal of	78230
low-level radioactive waste or a byproduct material site, as	78231
"byproduct material" is defined in division (A)(2) of this	78232
section, "decommissioning" does not include the reduction of	78233
residual radioactivity to a level that permits release of the	78234
facility for unrestricted use.	78235

(E) "Director of health" includes a designee or authorized	78236
representative of the director.	78237

(F) "Disposal," with regard to low-level radioactive waste,	78238
means the permanent isolation of that waste in accordance with	78239
requirements established by the United States nuclear regulatory	78240
commission or the licensing agreement state.	78241

(G) "Disposal site" means that portion of a facility that is	78242
used for the disposal of low-level radioactive waste and that	78243
consists of disposal units and a buffer zone. "Disposal unit"	78244
means a discrete portion of such a facility into which low-level	78245
radioactive waste is placed for disposal.	78246

(H)(1) Except as provided in division (H)(2) of this section,	78247
"facility" means the state, any political subdivision, person,	78248
public or private institution, or group, or any unit of one of	78249
those entities, but does not include the federal government or any	78250
of its agencies.	78251

(2) For the purposes of the disposal of low-level radioactive	78252
waste, "facility" has the same meaning as in section 3747.01 of	78253
the Revised Code.	78254

(I) "Handle" means receive, possess, use, store, transfer,	78255
install, service, or dispose of sources of radiation unless	78256
possession is solely for the purpose of transportation.	78257

(J) "Handler" means a facility that handles sources of	78258
radiation unless possession is solely for the purpose of	78259
transportation.	78260

(K) "Inspection" means an official review, examination, or	78261
observation, including, without limitation, tests, surveys, and	78262
monitoring, that is used to determine compliance with rules,	78263
orders, requirements, and conditions of the department of health	78264
and that is conducted by the director of health.	78265

(L) "Low-level radioactive waste" has the same meaning as in	78266
section 3747.01 of the Revised Code with regard to the disposal of	78267
low-level radioactive waste. In regard to regulatory control at	78268
locations other than a disposal facility, "low-level radioactive	78269
waste" has the same meaning as in 42 U.S.C.A. 2021b.	78270

(M) "Quality assurance program" means a program providing for	78271
verification by written procedures such as testing, auditing, and	78272
inspection to ensure that deficiencies, deviations, defective	78273
equipment, or unsafe practices, or a combination thereof, relating	78274
to the use, disposal, management, or manufacture of radiation	78275
sources are identified, promptly corrected, and reported to the	78276
appropriate regulatory authorities.	78277

(N) "Radiation" means ionizing and nonionizing radiation.

78278

(1) "Ionizing radiation" means gamma rays and X-rays, alpha	78279
and beta particles, high-speed electrons, neutrons, protons, and	78280
other nuclear particles, but does not include sound or radio waves	78281
or visible, infrared, or ultraviolet light.	78282

(2) "Nonionizing radiation" means any electromagnetic	78283
radiation, other than ionizing electromagnetic radiation, or any	78284
sonic, ultrasonic, or infrasonic wave.	78285

(O) "Radioactive material" means any solid, liquid, or	78286
gaseous material that emits ionizing radiation spontaneously.	78287
"Radioactive material" includes accelerator-produced and naturally	78288
occurring materials and byproduct, source, and special nuclear	78289
material.	78290

(P) "Radiation-generating equipment" means any manufactured	78291
product or device, or component of such a product or device, or	78292
any machine or system that during operation can generate or emit	78293
radiation, except those that emit radiation only from radioactive	78294
material. "Radiation-generating equipment" does not include either	78295
of the following:	78296

(1) Diathermy machines;

78297

(2) Microwave ovens, including food service microwave ovens	78298
used for commercial and industrial uses, television receivers,	78299
electric lamps, and other household appliances and products that	78300
generate very low levels of radiation.	78301

(Q) "Source material" means uranium, thorium, or any	78302
combination thereof in any physical or chemical form, or any ores	78303
that contain by weight at least one-twentieth of one per cent of	78304
uranium, thorium, or any combination thereof. "Source material"	78305
does not include special nuclear material.	78306

(R) "Source of radiation" means radioactive material or	78307
radiation-generating equipment.	78308

(S) "Special nuclear material" means either of the following:

78309

(1) Plutonium, uranium 233, uranium enriched in the isotope	78310
233 or in the isotope 235, and any other material that the United	78311
States nuclear regulatory commission determines to be special	78312
nuclear material, but does not include source material pursuant to	78313
section 51 of the "Atomic Energy Act of 1954," 68 Stat. 919, 42	78314
U.S.C.A. 2071."	78315

(2) Except for any source material, any material artificially	78316
enriched by any of the materials identified in division (S)(1) of	78317
this section.	78318

(T) "Storage" means the retention of radioactive materials,	78319
including low-level radioactive waste, prior to disposal in a	78320
manner that allows for surveillance, control, and subsequent	78321
retrieval.	78322

(U) "Medical practitioner" means a person who is authorized	78323
pursuant to Chapter 4715. of the Revised Code to practice	78324
dentistry; pursuant to Chapter 4731. of the Revised Code to	78325
practice medicine and surgery, osteopathic medicine and surgery,	78326
or podiatric medicine and surgery; or pursuant to Chapter 4734. of	78327
the Revised Code to practice chiropractic.	78328

(V) "Medical-practitioner group" means a corporation,	78329
partnership, or other business entity, other than a hospital as	78330
defined in section 3727.01 of the Revised Code, consisting of	78331
medical practitioners.	78332

(W) "Naturally occurring radioactive material" means material	78333
that contains any nuclide that is radioactive in its natural	78334
physical state. "Naturally occurring radioactive material" does	78335
not include source material, byproduct material, or special	78336
nuclear material.	78337

(X) "Technologically enhanced naturally occurring radioactive	78338
material" means naturally occurring radioactive material with	78339
radionuclide concentrations that are increased by or as a result	78340
of past or present human activities. "Technologically enhanced	78341
naturally occurring radioactive material" does not include drill	78342
cuttings, natural background radiation, byproduct material, or	78343
source material.	78344

(Y) "Drill cuttings" means the soil, rock fragments, and	78345
pulverized material that are removed from a borehole and that may	78346
include a de minimus amount of fluid that results from a drilling	78347
process.	78348

Sec. 3748.04. The director of health, in accordance with	78349
Chapter 119. of the Revised Code, shall adopt and may amend or	78350
rescind rules doing all of the following:	78351

(A) Listing types of radioactive material for which licensure	78352
by its handler is required and types of radiation-generating	78353
equipment for which registration by its handler is required, and	78354
establishing requirements governing them. Rules adopted under	78355
division (A) of this section shall be compatible with applicable	78356
federal regulations and shall establish all of the following,	78357
without limitation:	78358

(1) Requirements governing both of the following:

78359

(a) The licensing and inspection of handlers of radioactive	78360
material. Standards established in rules adopted under division	78361
(A)(1)(a) of this section regarding byproduct material or any	78362
activity that results in the production of that material, to the	78363
extent practicable, shall be equivalent to or more stringent than	78364
applicable standards established by the United States nuclear	78365
regulatory commission.	78366

(b) The registration and inspection of handlers of	78367
radiation-generating equipment. Standards established in rules	78368
adopted under division (A)(1)(b) of this section, to the extent	78369
practicable, shall be equivalent to applicable standards	78370
established by the food and drug administration in the United	78371
States department of health and human services.	78372

(2) Identification of and requirements governing possession	78373
and use of specifically licensed and generally licensed quantities	78374
of radioactive material as either sealed sources or unsealed	78375
sources;	78376

(3) A procedure for the issuance of and the frequency of	78377
renewal of the licenses of handlers of radioactive material, other	78378
than a license for a facility for the disposal of low-level	78379
radioactive waste, and of the certificates of registration of	78380
handlers of radiation-generating equipment;	78381

(4) Procedures for suspending and revoking the licenses of	78382
handlers of radioactive material and the certificates of	78383
registration of handlers of radiation-generating equipment;	78384

(5) Criteria to be used by the director of health in amending	78385
the license of a handler of radioactive material or the	78386
certificate of registration of a handler of radiation-generating	78387
equipment subsequent to its issuance;	78388

(6) Criteria for achieving and maintaining compliance with	78389
this chapter and rules adopted under it by licensees and	78390
registrants;	78391

(7) Criteria governing environmental monitoring of licensed	78392
and registered activities to assess compliance with this chapter	78393
and rules adopted under it;	78394

(8) Fees for both of the following:

78395

(a) The licensing of handlers, other than facilities for the	78396
disposal of low-level radioactive waste, of radioactive material;	78397

(b) The registration of handlers, other than facilities that	78398
are, or are operated by, medical practitioners or	78399
medical-practitioner groups, of radiation-generating equipment.	78400

(9) A fee schedule for both of the following that includes	78401
fees for reviews, conducted during an inspection, of shielding	78402
plans or the adequacy of shielding:	78403

(a) The inspection of handlers of radioactive material;

78404

(b) The inspection of handlers, other than facilities that	78405
are, or are operated by, medical practitioners or	78406
medical-practitioner groups, of radiation-generating equipment.	78407

(B)(1) Identifying sources of radiation, circumstances of	78408
possession, use, or disposal of sources of radiation, and levels	78409
of radiation that constitute an unreasonable or unnecessary risk	78410
to human health or the environment;	78411

(2) Establishing requirements for the achievement and	78412
maintenance of compliance with standards for the receipt,	78413
possession, use, storage, installation, transfer, servicing, and	78414
disposal of sources of radiation to prevent levels of radiation	78415
that constitute an unreasonable or unnecessary risk to human	78416
health or the environment;	78417

(3) Requiring the maintenance of records on the receipt, use,	78418
storage, transfer, and disposal of radioactive material, including	78419
technologically enhanced naturally occurring radioactive material,	78420
and on the radiological safety aspects of the use and maintenance	78421
of radiation-generating equipment. The rules adopted under	78422
division (B)(3) of this section shall not require maintenance of	78423
records regarding naturally occurring radioactive material.	78424

In adopting rules under divisions (A) and (B) of this	78425
section, the director shall use standards no less stringent than	78426
the "suggested state regulations for control of radiation"	78427
prepared by the conference of radiation control program directors,	78428
inc., and regulations adopted by the United States nuclear	78429
regulatory commission, the United States environmental protection	78430
agency, and the United States department of health and human	78431
services and shall consider reports of the national council on	78432
radiation protection and measurement and the relevant standards of	78433
the American national standards institute.	78434

(C) Establishing fees, procedures, and requirements for	78435
certification as a radiation expert, including all of the	78436
following, without limitation:	78437

(1) Minimum training and experience requirements;

78438

(2) Procedures for applying for certification;

78439

(3) Procedures for review of applications and issuance of	78440
certificates;	78441

(4) Procedures for suspending and revoking certification.

78442

(D) Establishing a schedule for inspection of sources of	78443
radiation and their shielding and surroundings;	78444

(E) Establishing the responsibilities of a radiation expert;

78445

(F) Establishing criteria for quality assurance programs for	78446
licensees of radioactive material and registrants of	78447
radiation-generating equipment;	78448

(G) Establishing fees to be paid by any facility that, on	78449
September 8, 1995, holds a license from the United States nuclear	78450
regulatory commission in order to provide moneys necessary for the	78451
transfer of licensing and other regulatory authority from the	78452
commission to the state pursuant to section 3748.03 of the Revised	78453
Code. Rules adopted under this division shall stipulate that fees	78454
so established do not apply to any functions dealing specifically	78455
with a facility for the disposal of low-level radioactive waste.	78456
Fees collected under this division shall be deposited into the	78457
state treasury to the credit of the general operations fund	78458
created in section 3701.83 of the Revised Code. The fees shall be	78459
used solely to administer and enforce this chapter and rules	78460
adopted under it.	78461

(H) Establishing fees to be collected annually from	78462
generators of low-level radioactive waste, which shall be based	78463
upon the volume and radioactivity of the waste generated and the	78464
costs of administering low-level radioactive waste management	78465
activities under this chapter and rules adopted under it. All fees	78466
collected under this division shall be deposited into the state	78467
treasury to the credit of the general operations fund created in	78468
section 3701.83 of the Revised Code. The fees shall be used solely	78469
to administer and enforce this chapter and rules adopted under it.	78470
Any fee required under this division that remains unpaid on the	78471
ninety-first day after the original invoice date shall be assessed	78472
an additional amount equal to ten per cent of the original fee.	78473

(I) Establishing requirements governing closure,	78474
decontamination, decommissioning, reclamation, and long-term	78475
surveillance and care of a facility licensed under this chapter	78476
and rules adopted under it. Rules adopted under division (I) of	78477
this section shall include, without limitation, all of the	78478
following:	78479

(1) Standards and procedures to ensure that a licensee	78480
prepares a decommissioning funding plan that provides an adequate	78481
financial guaranty to permit the completion of all requirements	78482
governing the closure, decontamination, decommissioning, and	78483
reclamation of sites, structures, and equipment used in	78484
conjunction with a licensed activity;	78485

(2) For licensed activities where radioactive material that	78486
will require surveillance or care is likely to remain at the site	78487
after the licensed activities cease, as indicated in the	78488
application for the license submitted under section 3748.07 of the	78489
Revised Code, standards and procedures to ensure that the licensee	78490
prepares an additional decommissioning funding plan for long-term	78491
surveillance and care, before termination of the license, that	78492
provides an additional adequate financial guaranty as necessary to	78493
provide for that surveillance and care;	78494

(3) For the purposes of the decommissioning funding plans	78495
required in rules adopted under divisions (I)(1) and (2) of this	78496
section, the types of acceptable financial guaranties, which shall	78497
include bonds issued by fidelity or surety companies authorized to	78498
do business in the state, certificates of deposit, deposits of	78499
government securities, irrevocable letters or lines of credit,	78500
trust funds, escrow accounts, or other similar types of	78501
arrangements, but shall not include any arrangement that	78502
constitutes self-insurance;	78503

(4) A requirement that the decommissioning funding plans	78504
required in rules adopted under divisions (I)(1) and (2) of this	78505
section contain financial guaranties in amounts sufficient to	78506
ensure compliance with any standards established by the United	78507
States nuclear regulatory commission, or by the state if it has	78508
become an agreement state pursuant to section 3748.03 of the	78509
Revised Code, pertaining to closure, decontamination,	78510
decommissioning, reclamation, and long-term surveillance and care	78511
of licensed activities and sites of licensees.	78512

Standards established in rules adopted under division (I) of	78513
this section regarding any activity that resulted in the	78514
production of byproduct material, as defined in division (A)(2) of	78515
section 3748.01 of the Revised Code, to the extent practicable,	78516
shall be equivalent to or more stringent than standards	78517
established by the United States nuclear regulatory commission for	78518
sites at which ores were processed primarily for their source	78519
material content and at which byproduct material, as defined in	78520
division (A)(2) of section 3748.01 of the Revised Code, is	78521
deposited.	78522

(J) Establishing criteria governing inspections of a facility	78523
for the disposal of low-level radioactive waste, including,	78524
without limitation, the establishment of a resident inspector	78525
program at such a facility;	78526

(K) Establishing requirements and procedures governing the	78527
filing of complaints under section 3748.16 of the Revised Code,	78528
including, without limitation, those governing intervention in a	78529
hearing held under division (B)(3) of that section;	78530

(L) Establishing requirements governing technologically	78531
enhanced naturally occurring radioactive material. Rules adopted	78532
under this division shall not apply to naturally occurring	78533
radioactive material.	78534

Sec. 3769.08. (A) Any person holding a permit to conduct a	78535
horse-racing meeting may provide a place in the race meeting	78536
grounds or enclosure at which the permit holder may conduct and	78537
supervise the pari-mutuel system of wagering by patrons of legal	78538
age on the live racing programs and simulcast racing programs	78539
conducted by the permit holder.	78540

The pari-mutuel method of wagering upon the live racing	78541
programs and simulcast racing programs held at or conducted within	78542
such race track, and at the time of such horse-racing meeting, or	78543
at other times authorized by the state racing commission, shall	78544
not be unlawful. No other place, except that provided and	78545
designated by the permit holder and except as provided in section	78546
3769.26 of the Revised Code, nor any other method or system of	78547
betting or wagering on live racing programs and simulcast racing	78548
programs, except the pari-mutuel system, shall be used or	78549
permitted by the permit holder; nor, except as provided in section	78550
3769.089 or 3769.26 of the Revised Code, shall the pari-mutuel	78551
system of wagering be conducted by the permit holder on any races	78552
except the races at the race track, grounds, or enclosure for	78553
which the person holds a permit. Each permit holder may retain as	78554
a commission an amount not to exceed eighteen per cent of the	78555
total of all moneys wagered on live racing programs and simulcast	78556
racing programs.	78557

The pari-mutuel wagering authorized by this section is	78558
subject to sections 3769.25 to 3769.28 of the Revised Code.	78559

(B) At the close of each racing day, each permit holder	78560
authorized to conduct thoroughbred racing, out of the amount	78561
retained on that day by the permit holder, shall pay ~~by check,~~	78562
~~draft, or money order to the tax commissioner~~in the manner	78563
prescribed under section 3769.103 of the Revised Code, as a tax, a	78564
sum equal to the following percentages of the total of all moneys	78565
wagered on live racing programs on that day and shall separately	78566
compute and pay ~~by check, draft, or money order to the tax~~	78567
~~commissioner~~in the manner prescribed under section 3769.103 of	78568
the Revised Code, as a tax, a sum equal to the following	78569
percentages of the total of all money wagered on simulcast racing	78570
programs on that day:	78571

(1) One per cent of the first two hundred thousand dollars	78572
wagered, or any part of that amount;	78573

(2) Two per cent of the next one hundred thousand dollars	78574
wagered, or any part of that amount;	78575

(3) Three per cent of the next one hundred thousand dollars	78576
wagered, or any part of that amount;	78577

(4) Four per cent of all sums over four hundred thousand	78578
dollars wagered.	78579

Except as otherwise provided in section 3769.089 of the	78580
Revised Code, each permit holder authorized to conduct	78581
thoroughbred racing shall use for purse money a sum equal to fifty	78582
per cent of the pari-mutuel revenues retained by the permit holder	78583
as a commission after payment of the state tax. This fifty per	78584
cent payment shall be in addition to the purse distribution from	78585
breakage specified in this section.	78586

Subject to division (M) of this section, from the moneys paid	78587
to the tax commissioner by thoroughbred racing permit holders,	78588
one-half of one per cent of the total of all moneys so wagered on	78589
a racing day shall be paid into the Ohio fairs fund created by	78590
section 3769.082 of the Revised Code, one and one-eighth per cent	78591
of the total of all moneys so wagered on a racing day shall be	78592
paid into the Ohio thoroughbred race fund created by section	78593
3769.083 of the Revised Code, and one-quarter of one per cent of	78594
the total of all moneys wagered on a racing day by each permit	78595
holder shall be paid into the state racing commission operating	78596
fund created by section 3769.03 of the Revised Code. The required	78597
payment to the state racing commission operating fund does not	78598
apply to county and independent fairs and agricultural societies.	78599
The remaining moneys may be retained by the permit holder, except	78600
as provided in this section with respect to the odd cents	78601
redistribution. Amounts paid into the nursing home franchise	78602
permit fee fund pursuant to this section and section 3769.26 of	78603
the Revised Code shall be used solely for the support of the	78604
PASSPORT program as determined in appropriations made by the	78605
general assembly. If the PASSPORT program is abolished, the amount	78606
that would have been paid to the nursing home franchise permit fee	78607
fund under this chapter shall be paid to the general revenue fund	78608
of the state. As used in this chapter, "PASSPORT program" ~~means~~	78609
~~the PASSPORT program created under~~has the same meaning as in	78610
section ~~173.40~~173.51 of the Revised Code.	78611

The total amount paid to the Ohio thoroughbred race fund	78612
under this section and division (A) of section 3769.087 of the	78613
Revised Code shall not exceed by more than six per cent the total	78614
amount paid to this fund under this section and division (A) of	78615
that section during the immediately preceding calendar year.	78616

Each year, the total amount calculated for payment into the	78617
Ohio fairs fund under this division, division (C) of this section,	78618
and division (A) of section 3769.087 of the Revised Code shall be	78619
an amount calculated using the percentages specified in this	78620
division, division (C) of this section, and division (A) of	78621
section 3769.087 of the Revised Code.	78622

A permit holder may contract with a thoroughbred horsemen's	78623
organization for the organization to act as a representative of	78624
all thoroughbred owners and trainers participating in a	78625
horse-racing meeting conducted by the permit holder. A	78626
"thoroughbred horsemen's organization" is any corporation or	78627
association that represents, through membership or otherwise, more	78628
than one-half of the aggregate of all thoroughbred owners and	78629
trainers who were licensed and actively participated in racing	78630
within this state during the preceding calendar year. Except as	78631
otherwise provided in this paragraph, any moneys received by a	78632
thoroughbred horsemen's organization shall be used exclusively for	78633
the benefit of thoroughbred owners and trainers racing in this	78634
state through the administrative purposes of the organization,	78635
benevolent activities on behalf of the horsemen, promotion of the	78636
horsemen's rights and interests, and promotion of equine research.	78637
A thoroughbred horsemen's organization may expend not more than an	78638
aggregate of five per cent of its annual gross receipts, or a	78639
larger amount as approved by the organization, for dues,	78640
assessments, and other payments to all other local, national, or	78641
international organizations having as their primary purposes the	78642
promotion of thoroughbred horse racing, thoroughbred horsemen's	78643
rights, and equine research.	78644

(C) Except as otherwise provided in division (B) of this	78645
section, at the close of each racing day, each permit holder	78646
authorized to conduct harness or quarter horse racing, out of the	78647
amount retained that day by the permit holder, shall pay ~~by check,~~	78648
~~draft, or money order to the tax commissioner~~in the manner	78649
prescribed under section 3769.103 of the Revised Code, as a tax, a	78650
sum equal to the following percentages of the total of all moneys	78651
wagered on live racing programs and shall separately compute and	78652
pay ~~by check, draft, or money order to the tax commissioner~~in the	78653
manner prescribed under section 3769.103 of the Revised Code, as a	78654
tax, a sum equal to the following percentages of the total of all	78655
money wagered on simulcast racing programs on that day:	78656

(1) One per cent of the first two hundred thousand dollars	78657
wagered, or any part of that amount;	78658

(2) Two per cent of the next one hundred thousand dollars	78659
wagered, or any part of that amount;	78660

(3) Three per cent of the next one hundred thousand dollars	78661
wagered, or any part of that amount;	78662

(4) Four per cent of all sums over four hundred thousand	78663
dollars wagered.	78664

Except as otherwise provided in division (B) and subject to	78665
division (M) of this section, from the moneys paid to the tax	78666
commissioner by permit holders authorized to conduct harness or	78667
quarter horse racing, one-half of one per cent of all moneys	78668
wagered on that racing day shall be paid into the Ohio fairs fund;	78669
from the moneys paid to the tax commissioner by permit holders	78670
authorized to conduct harness racing, five-eighths of one per cent	78671
of all moneys wagered on that racing day shall be paid into the	78672
Ohio standardbred development fund; and from the moneys paid to	78673
the tax commissioner by permit holders authorized to conduct	78674
quarter horse racing, five-eighths of one per cent of all moneys	78675
wagered on that racing day shall be paid into the Ohio quarter	78676
horse development fund.	78677

(D) In addition, subject to division (M) of this section,	78678
beginning on January 1, 1996, from the money paid to the tax	78679
commissioner as a tax under this section and division (A) of	78680
section 3769.087 of the Revised Code by harness horse permit	78681
holders, one-half of one per cent of the amount wagered on a	78682
racing day shall be paid into the Ohio standardbred development	78683
fund. Beginning January 1, 1998, the payment to the Ohio	78684
standardbred development fund required under this division does	78685
not apply to county agricultural societies or independent	78686
agricultural societies.	78687

The total amount paid to the Ohio standardbred development	78688
fund under this division, division (C) of this section, and	78689
division (A) of section 3769.087 of the Revised Code and the total	78690
amount paid to the Ohio quarter horse development fund under this	78691
division and division (A) of that section shall not exceed by more	78692
than six per cent the total amount paid into the fund under this	78693
division, division (C) of this section, and division (A) of	78694
section 3769.087 of the Revised Code in the immediately preceding	78695
calendar year.	78696

(E) Subject to division (M) of this section, from the money	78697
paid as a tax under this chapter by harness and quarter horse	78698
permit holders, one-quarter of one per cent of the total of all	78699
moneys wagered on a racing day by each permit holder shall be paid	78700
into the state racing commission operating fund created by section	78701
3769.03 of the Revised Code. This division does not apply to	78702
county and independent fairs and agricultural societies.	78703

(F) Except as otherwise provided in section 3769.089 of the	78704
Revised Code, each permit holder authorized to conduct harness	78705
racing shall pay to the harness horsemen's purse pool a sum equal	78706
to fifty per cent of the pari-mutuel revenues retained by the	78707
permit holder as a commission after payment of the state tax. This	78708
fifty per cent payment is to be in addition to the purse	78709
distribution from breakage specified in this section.	78710

(G) In addition, each permit holder authorized to conduct	78711
harness racing shall be allowed to retain the odd cents of all	78712
redistribution to be made on all mutual contributions exceeding a	78713
sum equal to the next lowest multiple of ten.	78714

Forty per cent of that portion of that total sum of such odd	78715
cents shall be used by the permit holder for purse money for Ohio	78716
sired, bred, and owned colts, for purse money for Ohio bred	78717
horses, and for increased purse money for horse races. Upon the	78718
formation of the corporation described in section 3769.21 of the	78719
Revised Code to establish a harness horsemen's health and	78720
retirement fund, twenty-five per cent of that portion of that	78721
total sum of odd cents shall be paid at the close of each racing	78722
day by the permit holder to that corporation to establish and fund	78723
the health and retirement fund. Until that corporation is formed,	78724
that twenty-five per cent shall be paid at the close of each	78725
racing day by the permit holder to the tax commissioner or the tax	78726
commissioner's agent in the county seat of the county in which the	78727
permit holder operates race meetings. The remaining thirty-five	78728
per cent of that portion of that total sum of odd cents shall be	78729
retained by the permit holder.	78730

(H) In addition, each permit holder authorized to conduct	78731
thoroughbred racing shall be allowed to retain the odd cents of	78732
all redistribution to be made on all mutuel contributions	78733
exceeding a sum equal to the next lowest multiple of ten. Twenty	78734
per cent of that portion of that total sum of such odd cents shall	78735
be used by the permit holder for increased purse money for horse	78736
races. Upon the formation of the corporation described in section	78737
3769.21 of the Revised Code to establish a thoroughbred horsemen's	78738
health and retirement fund, forty-five per cent of that portion of	78739
that total sum of odd cents shall be paid at the close of each	78740
racing day by the permit holder to that corporation to establish	78741
and fund the health and retirement fund. Until that corporation is	78742
formed, that forty-five per cent shall be paid by the permit	78743
holder to the tax commissioner or the tax commissioner's agent in	78744
the county seat of the county in which the permit holder operates	78745
race meetings, at the close of each racing day. The remaining	78746
thirty-five per cent of that portion of that total sum of odd	78747
cents shall be retained by the permit holder.	78748

(I) In addition, each permit holder authorized to conduct	78749
quarter horse racing shall be allowed to retain the odd cents of	78750
all redistribution to be made on all mutuel contributions	78751
exceeding a sum equal to the next lowest multiple of ten, subject	78752
to a tax of twenty-five per cent on that portion of the total sum	78753
of such odd cents that is in excess of two thousand dollars during	78754
a calendar year, which tax shall be paid at the close of each	78755
racing day by the permit holder to the tax commissioner or the tax	78756
commissioner's agent in the county seat of the county within which	78757
the permit holder operates race meetings. Forty per cent of that	78758
portion of that total sum of such odd cents shall be used by the	78759
permit holder for increased purse money for horse races. The	78760
remaining thirty-five per cent of that portion of that total sum	78761
of odd cents shall be retained by the permit holder.	78762

(J)(1) To encourage the improvement of racing facilities for	78763
the benefit of the public, breeders, and horse owners, and to	78764
increase the revenue to the state from the increase in pari-mutuel	78765
wagering resulting from those improvements, the taxes paid by a	78766
permit holder to the state as provided for in this chapter shall	78767
be reduced by three-fourths of one per cent of the total amount	78768
wagered for those permit holders who make capital improvements to	78769
existing race tracks or construct new race tracks. The percentage	78770
of the reduction that may be taken each racing day shall equal	78771
seventy-five per cent of the taxes levied under divisions (B) and	78772
(C) of this section and section 3769.087 of the Revised Code, and	78773
division (F)(2) of section 3769.26 of the Revised Code, as	78774
applicable, divided by the calculated amount each fund should	78775
receive under divisions (B) and (C) of this section and section	78776
3769.087 of the Revised Code, and division (F)(2) of section	78777
3769.26 of the Revised Code and the reduction provided for in this	78778
division. If the resulting percentage is less than one, that	78779
percentage shall be multiplied by the amount of the reduction	78780
provided for in this division. Otherwise, the permit holder shall	78781
receive the full reduction provided for in this division. The	78782
amount of the allowable reduction not received shall be carried	78783
forward and applied against future tax liability. After any	78784
reductions expire, any reduction carried forward shall be treated	78785
as a reduction as provided for in this division.	78786

If more than one permit holder is authorized to conduct	78787
racing at the facility that is being built or improved, the cost	78788
of the new race track or capital improvement shall be allocated	78789
between or among all the permit holders in the ratio that the	78790
permit holders' number of racing days bears to the total number of	78791
racing days conducted at the facility.	78792

A reduction for a new race track or a capital improvement	78793
shall start from the day racing is first conducted following the	78794
date actual construction of the new race track or each capital	78795
improvement is completed and the construction cost has been	78796
approved by the racing commission, unless otherwise provided in	78797
this section. A reduction for a new race track or a capital	78798
improvement shall continue for a period of twenty-five years for	78799
new race tracks and for fifteen years for capital improvements if	78800
the construction of the capital improvement or new race track	78801
commenced prior to March 29, 1988, and for a period of ten years	78802
for new race tracks or capital improvements if the construction of	78803
the capital improvement or new race track commenced on or after	78804
March 29, 1988, but before June 6, 2001, or until the total tax	78805
reduction reaches seventy per cent of the approved cost of the new	78806
race track or capital improvement, as allocated to each permit	78807
holder, whichever occurs first. A reduction for a new race track	78808
or a capital improvement approved after June 6, 2001, shall	78809
continue until the total tax reduction reaches one hundred per	78810
cent of the approved cost of the new race track or capital	78811
improvement, as allocated to each permit holder.	78812

A reduction granted for a new race track or a capital	78813
improvement, the application for which was approved by the racing	78814
commission after March 29, 1988, but before June 6, 2001, shall	78815
not commence nor shall the ten-year period begin to run until all	78816
prior tax reductions with respect to the same race track have	78817
ended. The total tax reduction because of capital improvements	78818
shall not during any one year exceed for all permit holders using	78819
any one track three-fourths of one per cent of the total amount	78820
wagered, regardless of the number of capital improvements made.	78821
Several capital improvements to a race track may be consolidated	78822
in an application if the racing commission approved the	78823
application prior to March 29, 1988. No permit holder may receive	78824
a tax reduction for a capital improvement approved by the racing	78825
commission on or after March 29, 1988, at a race track until all	78826
tax reductions have ended for all prior capital improvements	78827
approved by the racing commission under this section or section	78828
3769.20 of the Revised Code at that race track. If there are two	78829
or more permit holders operating meetings at the same track, they	78830
may consolidate their applications. The racing commission shall	78831
notify the tax commissioner when the reduction of tax begins and	78832
when it ends.	78833

Each fiscal year the racing commission shall submit a report	78834
to the tax commissioner, the office of budget and management, and	78835
the legislative service commission. The report shall identify each	78836
capital improvement project undertaken under this division and in	78837
progress at each race track, indicate the total cost of each	78838
project, state the tax reduction that resulted from each project	78839
during the immediately preceding fiscal year, estimate the tax	78840
reduction that will result from each project during the current	78841
fiscal year, state the total tax reduction that resulted from all	78842
such projects at all race tracks during the immediately preceding	78843
fiscal year, and estimate the total tax reduction that will result	78844
from all such projects at all race tracks during the current	78845
fiscal year.	78846

(2) In order to qualify for the reduction in tax, a permit	78847
holder shall apply to the racing commission in such form as the	78848
commission may require and shall provide full details of the new	78849
race track or capital improvement, including a schedule for its	78850
construction and completion, and set forth the costs and expenses	78851
incurred in connection with it. The racing commission shall not	78852
approve an application unless the permit holder shows that a	78853
contract for the new race track or capital improvement has been	78854
let under an unrestricted competitive bidding procedure, unless	78855
the contract is exempted by the controlling board because of its	78856
unusual nature. In determining whether to approve an application,	78857
the racing commission shall consider whether the new race track or	78858
capital improvement will promote the safety, convenience, and	78859
comfort of the racing public and horse owners and generally tend	78860
towards the improvement of racing in this state.	78861

(3) If a new race track or capital improvement is approved by	78862
the racing commission and construction has started, the tax	78863
reduction may be authorized by the commission upon presentation of	78864
copies of paid bills in excess of one hundred thousand dollars or	78865
ten per cent of the approved cost, whichever is greater. After the	78866
initial authorization, the permit holder shall present copies of	78867
paid bills. If the permit holder is in substantial compliance with	78868
the schedule for construction and completion of the new race track	78869
or capital improvement, the racing commission may authorize the	78870
continuation of the tax reduction upon the presentation of the	78871
additional paid bills. The total amount of the tax reduction	78872
authorized shall not exceed the percentage of the approved cost of	78873
the new race track or capital improvement specified in division	78874
(J)(1) of this section. The racing commission may terminate any	78875
tax reduction immediately if a permit holder fails to complete the	78876
new race track or capital improvement, or to substantially comply	78877
with the schedule for construction and completion of the new race	78878
track or capital improvement. If a permit holder fails to complete	78879
a new race track or capital improvement, the racing commission	78880
shall order the permit holder to repay to the state the total	78881
amount of tax reduced. The normal tax paid by the permit holder	78882
shall be increased by three-fourths of one per cent of the total	78883
amount wagered until the total amount of the additional tax	78884
collected equals the total amount of tax reduced.	78885

(4) As used in this section:

78886

(a) "Capital improvement" means an addition, replacement, or	78887
remodeling of a structural unit of a race track facility costing	78888
at least one hundred thousand dollars, including, but not limited	78889
to, the construction of barns used exclusively for the race track	78890
facility, backstretch facilities for horsemen, paddock facilities,	78891
new pari-mutuel and totalizator equipment and appurtenances to	78892
that equipment purchased by the track, new access roads, new	78893
parking areas, the complete reconstruction, reshaping, and	78894
leveling of the racing surface and appurtenances, the installation	78895
of permanent new heating or air conditioning, roof replacement or	78896
restoration, installations of a permanent nature forming a part of	78897
the track structure, and construction of buildings that are	78898
located on a permit holder's premises. "Capital improvement" does	78899
not include the cost of replacement of equipment that is not	78900
permanently installed, ordinary repairs, painting, and maintenance	78901
required to keep a race track facility in ordinary operating	78902
condition.	78903

(b) "New race track" includes the reconstruction of a race	78904
track damaged by fire or other cause that has been declared by the	78905
racing commission, as a result of the damage, to be an inadequate	78906
facility for the safe operation of horse racing.	78907

(c) "Approved cost" includes all debt service and interest	78908
costs that are associated with a capital improvement or new race	78909
track and that the racing commission approves for a tax reduction	78910
under division (J) of this section.	78911

(5) The racing commission shall not approve an application	78912
for a tax reduction under this section if it has reasonable cause	78913
to believe that the actions or negligence of the permit holder	78914
substantially contributed to the damage suffered by the track due	78915
to fire or other cause. The racing commission shall obtain any	78916
data or information available from a fire marshal, law enforcement	78917
official, or insurance company concerning any fire or other damage	78918
suffered by a track, prior to approving an application for a tax	78919
reduction.	78920

(6) The approved cost to which a tax reduction applies shall	78921
be determined by generally accepted accounting principles and	78922
verified by an audit of the permit holder's records upon	78923
completion of the project by the racing commission, or by an	78924
independent certified public accountant selected by the permit	78925
holder and approved by the commission.	78926

(K) No other license or excise tax or fee, except as provided	78927
in sections 3769.01 to 3769.14 of the Revised Code, shall be	78928
assessed or collected from such licensee by any county, township,	78929
district, municipal corporation, or other body having power to	78930
assess or collect a tax or fee. That portion of the tax paid under	78931
this section by permit holders for racing conducted at and during	78932
the course of an agricultural exposition or fair, and that portion	78933
of the tax that would have been paid by eligible permit holders	78934
into the nursing home franchise permit fee fund as a result of	78935
racing conducted at and during the course of an agricultural	78936
exposition or fair, shall be deposited into the state treasury to	78937
the credit of the horse racing tax fund, which is hereby created	78938
for the use of the agricultural societies of the several counties	78939
in which the taxes originate. The state racing commission shall	78940
determine eligible permit holders for purposes of the preceding	78941
sentence, taking into account the breed of horse, the racing	78942
dates, the geographic proximity to the fair, and the best	78943
interests of Ohio racing. On the first day of any month on which	78944
there is money in the fund, the tax commissioner shall provide for	78945
payment to the treasurer of each agricultural society the amount	78946
of the taxes collected under this section upon racing conducted at	78947
and during the course of any exposition or fair conducted by the	78948
society.	78949

(L) From the tax paid under this section by harness track	78950
permit holders, the tax commissioner shall pay into the Ohio	78951
thoroughbred race fund a sum equal to a percentage of the amount	78952
wagered upon which the tax is paid. The percentage shall be	78953
determined by the tax commissioner and shall be rounded to the	78954
nearest one-hundredth. The percentage shall be such that, when	78955
multiplied by the amount wagered upon which tax was paid by the	78956
harness track permit holders in the most recent year for which	78957
final figures are available, it results in a sum that	78958
substantially equals the same amount of tax paid by the tax	78959
commissioner during that year into the Ohio fairs fund from taxes	78960
paid by thoroughbred permit holders. This division does not apply	78961
to county and independent fairs and agricultural societies.	78962

(M) Twenty-five per cent of the taxes levied on thoroughbred	78963
racing permit holders, harness racing permit holders, and quarter	78964
horse racing permit holders under this section, division (A) of	78965
section 3769.087 of the Revised Code, and division (F)(2) of	78966
section 3769.26 of the Revised Code shall be paid into the nursing	78967
home franchise permit fee fund. The tax commissioner shall pay any	78968
money remaining, after the payment into the nursing home franchise	78969
permit fee fund and the reductions provided for in division (J) of	78970
this section and in section 3769.20 of the Revised Code, into the	78971
Ohio fairs fund, Ohio thoroughbred race fund, Ohio standardbred	78972
development fund, Ohio quarter horse fund, and state racing	78973
commission operating fund as prescribed in this section and	78974
division (A) of section 3769.087 of the Revised Code. The tax	78975
commissioner shall thereafter use and apply the balance of the	78976
money paid as a tax by any permit holder to cover any shortage in	78977
the accounts of such funds resulting from an insufficient payment	78978
as a tax by any other permit holder. ~~The~~Subject to section	78979
3769.101 of the Revised Code, the moneys received by the tax	78980
commissioner shall be deposited ~~weekly~~monthly and paid by the tax	78981
commissioner into the funds to cover the total aggregate amount	78982
due from all permit holders to the funds, as calculated under this	78983
section and division (A) of section 3769.087 of the Revised Code,	78984
as applicable. If, after the payment into the nursing home	78985
franchise permit fee fund, sufficient funds are not available from	78986
the tax deposited by the tax commissioner to pay the required	78987
amounts into the Ohio fairs fund, Ohio standardbred development	78988
fund, Ohio thoroughbred race fund, Ohio quarter horse fund, and	78989
the state racing commission operating fund, the tax commissioner	78990
shall prorate on a proportional basis the amount paid to each of	78991
the funds. Any shortage to the funds as a result of a proration	78992
shall be applied against future deposits for the same calendar	78993
year when funds are available. After this application, the tax	78994
commissioner shall pay any remaining money paid as a tax by all	78995
permit holders into the nursing home franchise permit fee fund.	78996
This division does not apply to permit holders conducting racing	78997
at the course of an agricultural exposition or fair as described	78998
in division (K) of this section.	78999

Sec. 3769.087. (A) In addition to the commission of eighteen	79000
per cent retained by each permit holder as provided in section	79001
3769.08 of the Revised Code, each permit holder shall retain an	79002
additional amount equal to four per cent of the total of all	79003
moneys wagered on each racing day on all wagering pools other than	79004
win, place, and show, of which amount retained an amount equal to	79005
three per cent of the total of all moneys wagered on each racing	79006
day on those pools shall be paid ~~by check, draft, or money order~~	79007
~~to the tax commissioner~~in the manner prescribed under section	79008
3769.103 of the Revised Code, as a tax. Subject to the	79009
restrictions contained in divisions (B), (C), and (M) of section	79010
3769.08 of the Revised Code, from such additional moneys paid to	79011
the tax commissioner:	79012

(1) Four-sixths shall be allocated to fund distribution as	79013
provided in division (M) of section 3769.08 of the Revised Code.	79014

(2) One-twelfth shall be paid into the Ohio fairs fund	79015
created by section 3769.082 of the Revised Code.	79016

(3) One-twelfth of the additional moneys paid to the tax	79017
commissioner by thoroughbred racing permit holders shall be paid	79018
into the Ohio thoroughbred race fund created by section 3769.083	79019
of the Revised Code.	79020

(4) One-twelfth of the additional moneys paid to the tax	79021
commissioner by harness horse racing permit holders shall be paid	79022
to the Ohio standardbred development fund created by section	79023
3769.085 of the Revised Code.	79024

(5) One-twelfth of the additional moneys paid to the tax	79025
commissioner by quarter horse racing permit holders shall be paid	79026
to the Ohio quarter horse development fund created by section	79027
3769.086 of the Revised Code.	79028

(6) One-sixth shall be paid into the state racing commission	79029
operating fund created by section 3769.03 of the Revised Code.	79030

The remaining one per cent that is retained of the total of	79031
all moneys wagered on each racing day on all pools other than win,	79032
place, and show, shall be retained by racing permit holders, and,	79033
except as otherwise provided in section 3769.089 of the Revised	79034
Code, racing permit holders shall use one-half for purse money and	79035
retain one-half.	79036

(B) In addition to the commission of eighteen per cent	79037
retained by each permit holder as provided in section 3769.08 of	79038
the Revised Code and the additional amount retained by each permit	79039
holder as provided in division (A) of this section, each permit	79040
holder shall retain an additional amount equal to one-half of one	79041
per cent of the total of all moneys wagered on each racing day on	79042
all wagering pools other than win, place, and show. The additional	79043
amount retained under this division shall be paid ~~by check, draft,~~	79044
~~or money order to the tax commissioner~~in the manner prescribed	79045
under section 3769.103 of the Revised Code, as a tax. The tax	79046
commissioner shall pay the amount of the tax received under this	79047
division to the state racing commission operating fund created by	79048
section 3769.03 of the Revised Code.	79049

(C) Unless otherwise agreed to by the video lottery sales	79050
agent and the applicable horsemen's association recognized by the	79051
state racing commission to represent such persons, within ninety	79052
days after the effective date of this amendment for video lottery	79053
sales agents operating as such on the effective date of this	79054
amendment or within six months after the date a video lottery	79055
sales agent begins operating as such for video lottery sales	79056
agents not operating as such on the effective date of this	79057
amendment, the state racing commission ~~may~~shall direct through	79058
rule that a percentage of the lottery sales agent's commission as	79059
determined by the state lottery commission for conducting video	79060
lottery terminal gaming on behalf of the state be paid to the	79061
state racing commission for the benefit of breeding and racing in	79062
this state. The percentage so determined shall not be less than	79063
nine per cent or more than eleven per cent of the video lottery	79064
terminal income, and shall be a sliding scale based upon capital	79065
expenditures necessary to build the video lottery sales agent's	79066
facility. The aggregate of one hundred per cent of video lottery	79067
terminal income minus the lottery sales agent's commission	79068
percentage as determined by the state lottery commission plus the	79069
percentage of the lottery sale agent's commission, as determined	79070
by the state racing commission or otherwise agreed to by the video	79071
lottery sales agent and the applicable horsemen's association	79072
recognized by the state racing commission to represent such	79073
persons, for the benefit of breeding and racing in this state	79074
shall not exceed forty-five per cent of the video lottery terminal	79075
income. In addition, beginning July 1, 2013, the state lottery	79076
commission shall adopt a rule to require the lottery sales agent	79077
conducting video lottery terminal gaming on behalf of the state to	79078
disperse to the state lottery commission one-half of one per cent	79079
of such a lottery sales agent's commission for the purpose of	79080
providing funding support to appropriate state agencies for	79081
programs that provide for gambling addiction and other related	79082
addiction services. The state lottery commission's rule also may	79083
require the lottery sales agent conducting video lottery terminal	79084
gaming on behalf of the state to disperse to the state lottery	79085
commission an additional amount up to one-half of one per cent of	79086
such a lottery sales agent's commission for that purpose.	79087

Sec. 3769.088. (A)(1) If any permit holder required by this	79088
chapter to pay the taxes levied by sections 3769.08, 3769.087,	79089
3769.26, and 3769.28 of the Revised Code fails to pay the taxes as	79090
required, the tax commissioner may make an assessment against the	79091
permit holder based upon any information in the commissioner's	79092
possession.	79093

(2) If a permit holder required to remit taxes or file a	79094
report electronically in the manner prescribed under section	79095
3769.103 of the Revised Code fails to do so, the tax commissioner	79096
may impose an additional penalty of fifty dollars or ten per cent	79097
of the tax due as shown on the report, whichever is greater.	79098

(3) A penalty of up to fifteen per cent may be added to the	79099
amount of every assessment made under this section. ~~The~~	79100

(4) The commissioner may adopt rules providing for the	79101
imposition and remission of penalties added to assessments made	79102
under this section.	79103

(5) The commissioner shall give the party assessed written	79104
notice of the assessment in the manner provided in section 5703.37	79105
of the Revised Code. With the notice, the commissioner shall	79106
provide instructions on how to petition for reassessment and	79107
request a hearing on the petition.	79108

(B) Unless the party assessed files with the tax commissioner	79109
within sixty days after service of the notice of assessment,	79110
either personally or by certified mail, a written petition for	79111
reassessment signed by the party assessed or that party's	79112
authorized agent having knowledge of the facts, the assessment	79113
becomes final and the amount of the assessment is due and payable	79114
from the party assessed to the commissioner. The petition shall	79115
indicate the objections of the party assessed, but additional	79116
objections may be raised in writing if received by the	79117
commissioner prior to the date shown on the final determination.	79118
If the petition has been properly filed, the commissioner shall	79119
proceed under section 5703.60 of the Revised Code.	79120

(C) After an assessment becomes final, if any portion of the	79121
assessment remains unpaid, including accrued interest, a certified	79122
copy of the tax commissioner's entry making the assessment final	79123
may be filed in the office of the clerk of the court of common	79124
pleas in the county in which the place, track, or enclosure for	79125
which the permit was issued is located or the county in which the	79126
party assessed resides or has its principal place of business. If	79127
the party assessed maintains no place of business in this state	79128
and is not a resident of this state, the certified copy of the	79129
entry may be filed in the office of the clerk of the court of	79130
common pleas of Franklin county.	79131

Immediately upon the filing of the entry, the clerk shall	79132
enter a judgment for the state against the party assessed in the	79133
amount shown on the entry. The judgment may be filed by the clerk	79134
in a loose-leaf book entitled "special judgments for state horse	79135
racing tax," and shall have the same effect as other judgments.	79136
Execution shall issue upon the judgment upon the request of the	79137
tax commissioner, and all laws applicable to sales on execution	79138
shall apply to sales made under the judgment.	79139

~~The portion of~~If the assessment is not paid in its entirety	79140
within sixty days after the day the assessment was issued, the	79141
portion of the assessment consisting of tax due shall bear	79142
interest at the rate per annum prescribed by section 5703.47 of	79143
the Revised Code from the day the tax commissioner issues the	79144
assessment until the day the assessment is paid or until it is	79145
certified to the attorney general for collection under section	79146
131.02 of the Revised Code, whichever comes first. If the unpaid	79147
portion of the assessment is certified to the attorney general for	79148
collection, the entire unpaid portion of the assessment shall bear	79149
interest at the rate per annum prescribed by section 5703.47 of	79150
the Revised Code from the date of certification until the date it	79151
is paid in its entirety. Interest shall be paid in the same manner	79152
as the tax and may be collected by the issuance of an assessment	79153
under this section.	79154

(D) All money collected by the tax commissioner under this	79155
section shall be treated as revenue arising from the taxes imposed	79156
by sections 3769.08, 3769.087, 3769.26, and 3769.28 of the Revised	79157
Code.	79158

Sec. 3769.089. (A) As used in this chapter:

79159

(1) "Racing day" means any day authorized under a permit	79160
holder's permit on which, at a simulcast host, either a live	79161
racing program is conducted as authorized under section 3769.07 of	79162
the Revised Code or a simulcast racing program is conducted as	79163
authorized under this section.	79164

(2) "Live racing day" means a racing day on which a live	79165
racing program is conducted by the permit holder along with	79166
simulcasts of all other available racing programs from within this	79167
state and simulcast racing programs from outside this state as	79168
authorized under this section.	79169

(3) "Live racing program" means a racing program consisting	79170
of no fewer than seven live horse races at thoroughbred tracks and	79171
nine live races at standardbred tracks and additional horse races	79172
simulcast from other facilities located either inside or outside	79173
this state, in which not more than two horse races on which	79174
pari-mutuel wagering is conducted are simulcast from facilities	79175
located outside this state. If only one racing meeting of a	79176
particular breed of horse is being held, no fewer than nine live	79177
horse races shall be held on a live racing day. If, during the	79178
course of a racing meeting at a standardbred track, the racing	79179
secretary of the permit holder determines that there is an	79180
insufficient number of entries to have a full field of eight	79181
horses for each of nine races on a live racing program, then the	79182
racing secretary of the permit holder, after consultation with the	79183
Ohio harness horsemens association, may reduce the number of live	79184
races on that live racing program, as the racing secretary may	79185
determine. The racing secretary shall not reduce the live racing	79186
program to less than seven live races. If during the course of a	79187
meeting at a thoroughbred track, the racing secretary of a permit	79188
holder determines that there is an insufficient number of entries	79189
to have a full field of eight horses for each of nine races on a	79190
live racing program, then the racing secretary of the permit	79191
holder, with the consent of the thoroughbred horsemens	79192
association, may reduce the number of live races on that live	79193
racing program, as the racing secretary may determine. The racing	79194
secretary shall not reduce the live racing program to less than	79195
seven live races. No more than seventeen races on which	79196
pari-mutuel wagering is conducted, including both live races and	79197
races simulcast from other facilities located either inside or	79198
outside this state, shall be part of a live racing program.	79199

(4) "Simulcast host" means a track or enclosure in this state	79200
where, on a racing day, a permit holder is doing one or both of	79201
the following:	79202

(a) Conducting a live racing program and offering this	79203
program for simulcasting to one or more simulcast guests and	79204
satellite facilities in this state;	79205

(b) Receiving a simulcast racing program for simulcasting to	79206
one or more simulcast guests and satellite facilities in this	79207
state.	79208

(5) "Simulcast guest" means any track or enclosure that is	79209
receiving from a simulcast host, on a day other than a racing day,	79210
a live racing program or a simulcast racing program.	79211

(6) "Simulcast racing program" means all simulcasts of horse	79212
races to a simulcast host or simulcast guest on a racing day or on	79213
any other day on which pari-mutuel wagering is conducted, but does	79214
not include any simulcast horse races from inside or outside this	79215
state that are included in a simulcast host's live racing program.	79216

(7) "Satellite facility" has the same meaning as in section	79217
3769.25 of the Revised Code.	79218

(8) "Collection and settlement agent" has the same meaning as	79219
in section 3769.0810 of the Revised Code.	79220

(9) "Special racing event" means individual races in live	79221
racing programs or simulcast racing programs, and simulcast racing	79222
programs on special event days under division (C) of this section,	79223
conducted at facilities located outside this state for which the	79224
track, racing association, or state regulatory agency conducting	79225
such races charges a simulcast host a fee for the privilege of	79226
receiving a simulcast of such races into this state that is higher	79227
than the customary and regular fee charged for simulcast races	79228
because of the status or popularity of such races.	79229

(B)(1)(a) The state racing commission shall, upon request by	79230
any permit holder, permit electronically televised simulcasts of	79231
horse races at the permit holder's track or enclosure on racing	79232
days authorized by the permit holder's permit. Except as provided	79233
in division (B) of this section, the commission shall not permit	79234
the simulcast of any simulcast racing program conducted at tracks	79235
or facilities located outside this state unless the out-of-state	79236
simulcast racing program is available at the same signal rate to	79237
all permit holders, whether serving as simulcast hosts or	79238
simulcast guests, and all satellite facilities, in this state open	79239
and operating on that day. A permit holder or satellite facility	79240
may inform the commission that it waives the right to receive the	79241
simulcast of a simulcast racing program or a race in a simulcast	79242
racing program on that day and in this event the simulcast racing	79243
program or simulcast race shall be available to all other	79244
simulcast hosts, simulcast guests, and satellite facilities open	79245
and operating in this state on that day.	79246

(b) In order for a permit holder to offer simulcasts of horse	79247
races conducted at facilities located outside this state, the	79248
permit holder shall have conducted live racing programs during the	79249
immediately preceding calendar year on a number of days that is	79250
not less than the number of regular live racing days it conducted	79251
in calendar year 1991, not including additional racing days	79252
conducted in calendar year 1991 by the permit holder at a	79253
winterized facility under a permit issued under section 3769.07 of	79254
the Revised Code, as certified by the commission. In satisfying	79255
the foregoing requirement for live racing days during the	79256
immediately preceding calendar year, a permit holder may include	79257
the number of days on which live racing programs were conducted	79258
under a permit issued under section 3769.07 of the Revised Code	79259
for additional racing days at a winterized facility. In addition,	79260
in order for a permit holder to offer simulcasts of horse races	79261
conducted at facilities located outside this state, the permit	79262
holder shall offer all simulcasts of horse races conducted in this	79263
state made available to it.	79264

In order for a permit holder to offer simulcasts of races	79265
conducted at race tracks located outside this state at the same	79266
time and during the hours in which the live races of a live racing	79267
program are being conducted at its track, a permit holder	79268
conducting a thoroughbred live racing program shall obtain the	79269
consent of the thoroughbred horsemens association and a permit	79270
holder conducting a harness live racing program shall obtain the	79271
consent of the Ohio harness horsemens association. The consent of	79272
the horsemen's organization shall not be unreasonably withheld,	79273
and shall be consistent with the interest of preserving live	79274
racing in this state. If a horsemen's organization withholds its	79275
consent, the permit holder may file an objection with the	79276
commission, which shall promptly consider the objection and	79277
determine whether the horsemen's organization's action in	79278
withholding consent is without substantial merit and, if the	79279
commission so determines, shall authorize the permit holder to	79280
simulcast the simulcast racing programs. The determination of the	79281
commission is final. A permit holder, as a simulcast host, may	79282
offer simulcast racing programs at its track or enclosure of races	79283
conducted at tracks and facilities located outside this state	79284
prior to the commencement of, and following the conclusion of, its	79285
live races without obtaining the consent of a horsemen's	79286
organization under this division.	79287

(c) Division (B)(1)(b) of this section remains in effect for	79288
each permit holder until the calendar year after that permit	79289
holder first receives a commission as a lottery sales agent for	79290
conducting video lottery terminal gaming on behalf of the state.	79291

(2) Notwithstanding section 3769.07 of the Revised Code and	79292
unless otherwise agreed to by the applicable horsemen's	79293
association and the permit holder, beginning in the calendar year	79294
after the permit holder first receives video lottery terminal	79295
income, one of the following applies as determined on a yearly	79296
basis:	79297

(a) If eleven per cent of the gross gaming revenue from video	79298
lottery terminals at the permit holder's facilities (either	79299
existing or relocated) in the previous calendar year exceeds	79300
fifteen million dollars, a permit holder shall conduct a minimum	79301
of one hundred twenty-five live racing days.	79302

(b) If eleven per cent of the gross gaming revenue from video	79303
lottery terminals at the permit holder's facilities (either	79304
existing or relocated) in the previous calendar year exceeds	79305
eleven million dollars, but is less than or equal to fifteen	79306
million dollars, a permit holder shall conduct a minimum of one	79307
hundred live racing days or the number of racing days applied for	79308
by the permit holder in calendar year 2012, whichever is greater.	79309

(c) If eleven per cent of the gross gaming revenue from video	79310
lottery terminals at the permit holder's facilities (either	79311
existing or relocated) in the previous calendar year is less than	79312
or equal to eleven million dollars, a permit holder shall conduct	79313
a minimum of seventy-five racing days or the number of racing days	79314
applied for by the permit holder for calendar year 2012, whichever	79315
is greater.	79316

In no case shall the minimum number of racing days for any	79317
permit holder exceed one hundred twenty-five racing days or the	79318
maximum number of racing days for any permit holder exceed two	79319
hundred ten racing days.	79320

(3) For the purposes of division (B)(2) of this section, for	79321
live racing conducted at a track with more than one permit, the	79322
minimum and maximum live racing days shall apply to those permits	79323
collectively and not as a single permit.	79324

(4) In addition to the required live racing days, a permit	79325
holder shall simulcast a simulcast racing program on a minimum of	79326
three hundred sixty days each calendar year. The permit holder	79327
shall simulcast all simulcast racing programs conducted in this	79328
state and made available to the permit holder and simulcast racing	79329
programs conducted outside this state.	79330

(5) The commission may make exception to the required minimum	79331
number of live racing days or simulcast racing program days in	79332
instances of natural disaster or other unexpected circumstances as	79333
defined by the commission, in its sole discretion. For any	79334
calendar year, the horsemen's association at each track may	79335
negotiate an agreement with the permit holder for that track to	79336
reduce the number of live racing days at that track to less than	79337
the minimum live racing days required by division (B)(2)(a), (b),	79338
or (c) of this section, as applicable, or to increase the number	79339
of live racing days at that track to a number that is greater than	79340
the maximum live racing days permitted by division (B)(2)(c) of	79341
this section, subject to the approval of the commission. These	79342
negotiations shall not reduce the number of live racing days to	79343
less than fifty days per calendar year.	79344

(6) To satisfy the requirement of live racing days, a permit	79345
holder may include the number of days on which live racing	79346
programs were conducted under a permit issued under section	79347
3769.07 of the Revised Code for racing days authorized at a	79348
winterized facility.	79349

(C) The commission shall allocate to each track one racing	79350
day for each permit holder during each calendar year for the	79351
conduct of a live racing program on which a permit holder may	79352
conduct as few as one live horse race, with the remainder of the	79353
horse races on that racing day on which pari-mutuel wagering is	79354
conducted as part of the live racing program being simulcast from	79355
other tracks and facilities located either inside or outside this	79356
state. In addition, the commission may allocate to each permit	79357
holder racing days on which it may as part of a live racing	79358
program simulcast more than two horse races from facilities	79359
located outside this state if the horse races involve a national	79360
wagering pool and pari-mutuel wagering is conducted on the	79361
national wagering pool, but on such a racing day there shall in no	79362
event be more than two horse races simulcast from facilities	79363
located outside this state included in a live racing program on	79364
which separate pari-mutuel wagering is conducted. As used in this	79365
division, "national wagering pool" means an interstate or	79366
intrastate common pari-mutuel wagering pool involving two or more	79367
selections covering two or more horse races conducted at tracks	79368
located inside or outside this state.	79369

In emergency situations, the commission may authorize a live	79370
racing day at a track in which all horse races on that racing day	79371
on which pari-mutuel wagering is conducted are simulcast from	79372
tracks and facilities located either inside or outside this state	79373
with the consent of the thoroughbred horsemens association for a	79374
track conducting a thoroughbred live racing program and with the	79375
consent of the Ohio harness horsemens association for a track	79376
conducting a harness live racing program. If a horsemen's	79377
organization withholds its consent, the permit holder may file an	79378
objection with the commission, which shall promptly consider the	79379
objection and determine whether the horsemen's organization's	79380
action in withholding consent is without substantial merit and, if	79381
the commission so determines, shall authorize the permit holder to	79382
simulcast the simulcast racing programs. The determination of the	79383
commission is final.	79384

(D) On any day that a racing day has been applied for at any	79385
track in this state, each track in this state may operate as	79386
either a simulcast host or a simulcast guest and may conduct, with	79387
the approval of the state racing commission, pari-mutuel wagering	79388
on all simulcasts of races conducted inside this state made	79389
available to it plus all simulcasts of races conducted at	79390
facilities located outside this state as determined by the	79391
simulcast hosts. Except as otherwise provided in this section, any	79392
simulcast host or simulcast guest may receive and conduct	79393
simulcast racing programs that feature any breed of horse at any	79394
time of day, as authorized by the commission. Those persons	79395
holding state fair, county fair, or other fair permits shall not	79396
receive a simulcast racing program on which pari-mutuel wagering	79397
is conducted, except that a holder of a permit issued under	79398
section 3769.07 of the Revised Code that has been authorized by	79399
the commission to conduct races of the state fair, a county fair,	79400
or other fair at a commercial track may receive and conduct	79401
simulcast racing programs as a simulcast host or simulcast guest	79402
at the same time in conjunction with the live racing program of	79403
the state fair, county fair, or other fair permit holder conducted	79404
at its track.	79405

The simulcast hosts, with the approval of the state racing	79406
commission, shall determine which simulcast racing programs	79407
offered by race tracks located outside this state will be	79408
simulcast at their tracks and at all simulcast hosts, simulcast	79409
guests, and satellite facilities in this state that are open and	79410
operating during the hours that the simulcast hosts are operating.	79411
Simulcast guests and satellite facilities shall receive all	79412
approved simulcast racing programs offered by simulcast hosts. In	79413
addition, a simulcast host and simulcast guest, with the approval	79414
of the commission, may also receive simulcast horse races and	79415
simulcast racing programs not agreed to by simulcast hosts.	79416

A simulcast host that normally operates during the day only	79417
may serve as a simulcast host for only day-simulcast racing	79418
programs, which include all simulcast racing programs that	79419
commence at a track located outside this state on or before four	79420
p.m. A simulcast host that normally operates during the evening	79421
only may serve as a simulcast host for only evening-simulcast	79422
racing programs, which include all simulcast racing programs that	79423
commence at a track located outside this state on or after three	79424
p.m. A simulcast host that normally operates during the evening,	79425
but that under its permit conducts live racing programs during the	79426
day, may serve as a simulcast host for day-simulcast racing	79427
programs. A permit holder that is offering at its track simulcast	79428
racing programs that commence at a track located outside this	79429
state on or before four p.m. and simulcast racing programs that	79430
commence at a track located outside this state on or after three	79431
p.m. may serve as a simulcast host for both the day-simulcast	79432
racing program and the evening-simulcast racing program only if no	79433
other permit holder is serving as a simulcast host for the other	79434
simulcast racing programs. The times listed in this and the	79435
immediately following paragraphs are standard time as described in	79436
section 1.04 of the Revised Code and in the "Uniform Time Act of	79437
1966," 80 Stat. 107, 15 U.S.C. 260 to 265.	79438

If a simulcast host is conducting a racing program that	79439
features thoroughbred or quarter horses on the same day that	79440
another simulcast host is conducting a live racing program that	79441
features harness horses at a track located in the same county as,	79442
or within twenty miles of, the track of the first simulcast host,	79443
the first simulcast host shall not conduct pari-mutuel wagering on	79444
simulcast racing programs that commence after four p.m. on that	79445
day and the second simulcast host shall not conduct wagering on	79446
simulcast racing programs that commence before three p.m. on that	79447
day.	79448

A simulcast host that is conducting a live racing program and	79449
is simulcasting that program to other simulcast hosts and	79450
simulcast guests in this state shall receive from each simulcast	79451
host and each simulcast guest receiving the simulcast an	79452
intrastate simulcast fee of one and three-eighths per cent of the	79453
amounts wagered on such simulcast racing program at its	79454
facilities. The simulcast hosts and simulcast guests receiving	79455
such simulcast racing program shall pay the intrastate simulcast	79456
fee to the collection and settlement agent, and the fee shall be	79457
disbursed by the agent, at the time and in the manner provided in	79458
section 3769.0810 of the Revised Code.	79459

(E)(1) The moneys wagered on simulcast racing programs on a	79460
racing day shall be separated from the moneys wagered on the live	79461
racing program on that racing day. From the moneys wagered on the	79462
simulcast races, each permit holder may retain as a commission the	79463
percentage of the amount wagered as specified in sections 3769.08	79464
and 3769.087 of the Revised Code, as applicable, and shall pay, by	79465
~~check, draft, or money order to the state tax commissioner~~in the	79466
manner prescribed under section 3769.103 of the Revised Code, as a	79467
tax, the tax specified in sections 3769.08 and 3769.087 of the	79468
Revised Code, as applicable. From the tax collected, the tax	79469
commissioner shall make the distributions to the respective funds,	79470
and in the proper amounts, as required by sections 3769.08 and	79471
3769.087 of the Revised Code, as applicable. Except as provided in	79472
division (E)(2) of this section, from the amount remaining after	79473
the payment of state taxes on the moneys wagered on live racing	79474
programs and on the moneys wagered on simulcast racing programs, a	79475
permit holder shall retain an amount equal to two and	79476
three-eighths per cent of the amount wagered on live racing	79477
programs and on intrastate and interstate simulcast racing	79478
programs simulcast at its track and on the amount wagered on the	79479
live racing programs and simulcast racing programs at a satellite	79480
facility allocated to it under section 3769.26 of the Revised	79481
Code, as a fee to pay for those costs associated with the	79482
reception and transmission of simulcasts and the administrative	79483
cost of the conduct of live racing programs and simulcast racing	79484
programs. From the remaining balance, one-half shall be retained	79485
by the permit holder for purses. On a day when a permit holder	79486
conducts a live racing program, all purse money generated from	79487
wagering on live racing programs and on simulcast racing programs	79488
at its track shall be used for that permit holder's purse account.	79489
On a day when a permit holder operates as a simulcast host with no	79490
live racing program, or operates as a simulcast guest, all purse	79491
money generated from wagering on intrastate and interstate	79492
simulcast racing programs shall be paid to the state racing	79493
commission for deposit into the Ohio combined simulcast horse	79494
racing purse fund created under this section. In addition, on a	79495
day when a permit holder serves as a simulcast host for a	79496
satellite facility, all purse money generated from amounts wagered	79497
at the satellite facility allocated to the permit holder under	79498
section 3769.26 of the Revised Code shall be paid to the	79499
commission for deposit into the Ohio simulcast horse racing purse	79500
fund.	79501

(2) If there are not four satellite facilities in operation	79502
in this state within one year after September 19, 1996, or if	79503
there are not seven satellite facilities in operation in this	79504
state within two years after September 19, 1996, or if there are	79505
not ten satellite facilities in operation in this state within	79506
three years after September 19, 1996, then in any such event the	79507
amount to be retained as a fee by the permit holder under division	79508
(E)(1) of this section shall be one and seven-eighths per cent	79509
until such time as the number of satellite facilities specified in	79510
division (E)(2) of this section are in operation. For good cause	79511
shown, the thoroughbred horsemens association and Ohio harness	79512
horsemens association may waive the requirements of division	79513
(E)(2) of this section or extend the date for compliance as to any	79514
year by filing a written notification with the state racing	79515
commission.	79516

(3) If a simulcast racing program simulcast by a simulcast	79517
host at its track or enclosure and to other simulcast hosts,	79518
simulcast guests, and satellite facilities in this state is a	79519
special racing event, the permit holder offering the special	79520
racing event and other simulcast hosts, simulcast guests, and	79521
satellite facilities receiving the special racing event shall not	79522
retain the fee provided under division (E)(1) or (2) of this	79523
section but shall retain from the moneys wagered on the special	79524
racing event an amount equal to the fee charged by the track,	79525
racing association, or state regulatory agency simulcasting the	79526
special racing event to the simulcast host. From the remaining	79527
balance, one-half shall be retained by the permit holder for	79528
purses in the manner provided in division (E)(1) of this section.	79529

A permit holder proposing to simulcast a special racing event	79530
as a simulcast host shall advise its horsemen's organization of	79531
the proposed schedule of the special racing event and obtain its	79532
consent to this schedule. The consent of the horsemen's	79533
organization shall not be unreasonably withheld and shall be	79534
consistent with the interest of preserving live racing in this	79535
state. If the horsemen's organization withholds its consent, the	79536
permit holder may file an objection with the state racing	79537
commission, which shall promptly consider the objection and	79538
determine whether the organization's action in withholding consent	79539
is without substantial merit and, if the commission so determines,	79540
shall authorize the permit holder to simulcast the special racing	79541
event. The determination of the commission is final.	79542

(F) There is hereby created in the state treasury the Ohio	79543
combined simulcast horse racing purse fund, to consist of moneys	79544
paid into it by permit holders pursuant to division (E) of this	79545
section and by satellite facilities pursuant to division (F) of	79546
section 3769.26 of the Revised Code. Moneys to the credit of the	79547
fund, including interest earned thereon, may be used by the	79548
commission for the costs of administering this division and the	79549
balance shall be distributed among permit holders no less	79550
frequently than monthly to each permit holder's purse account on	79551
order of the commission.	79552

For each calendar year, permit holders at each track shall	79553
receive a share of each distribution of the Ohio combined	79554
simulcast horse racing purse fund in the same percentage, rounded	79555
to the nearest one-hundredth of the amount of each distribution,	79556
as the average total amount wagered at the track on racing days at	79557
which live racing programs were conducted, including the amount	79558
allocated to the track under section 3769.26 of the Revised Code	79559
for live races, during the five calendar years immediately	79560
preceding the year for which the distribution is made bears to the	79561
average annual total amount wagered at all tracks in the state	79562
operating under permits issued by the state racing commission	79563
under section 3769.07, 3769.071, or 3769.072 of the Revised Code	79564
on all racing days at which live racing programs were conducted,	79565
including the amount allocated to the tracks under section 3769.26	79566
of the Revised Code for live races, during the five calendar years	79567
immediately preceding the year for which the distribution is made.	79568
By the thirty-first day of January of each year the commission	79569
shall calculate the share of the permit holders at each track for	79570
that year, shall enter the share percentages in its official	79571
records, and shall notify all permit holders of the share	79572
percentages of all tracks for that calendar year.	79573

The permit holders at each track, with the approval of the	79574
commission, shall allocate their share of the fund as distributed	79575
to the purse account of each permit holder for each race meeting.	79576

The commission shall cause to be kept accurate records of its	79577
administration of the fund, including all administrative expenses	79578
incurred by it and charged to the fund, and of distributions to	79579
permit holders. These records are public records available for	79580
inspection at any time during the regular business hours of the	79581
commission by any permit holder or horsemen's organization, by an	79582
authorized agent of the permit holder or horsemen's organization,	79583
or by any other person.	79584

(G) Upon the approval of the commission, a permit holder	79585
conducting live racing programs may transmit electronically	79586
televised simulcasts of horse races conducted at the permit	79587
holder's track to racing associations, tracks, and facilities	79588
located outside this state for the conduct of pari-mutuel wagering	79589
thereon, at the times, on the terms, and for the fee agreed upon	79590
by the permit holder and the receiving racing association, track,	79591
or facility. From the fees paid to the permit holder for such	79592
simulcasts, a permit holder shall retain for the costs of	79593
administration a fee in an amount equal to one per cent of the	79594
amount wagered on the races simulcast by the permit holder. From	79595
the remaining balance of the fee, one-half shall be retained by	79596
the permit holder for purses, except that notwithstanding the fee	79597
arrangement between the permit holder and the receiving racing	79598
association, track, or facility, the permit holder shall deposit	79599
into its purse account not less than an amount equal to	79600
three-fourths of one per cent of the amount wagered at racing	79601
associations, tracks, and facilities located outside the state on	79602
the races simulcast by the permit holder.	79603

All televised simulcasts of horse races conducted in this	79604
state to racing associations, tracks, and facilities located	79605
outside this state shall comply with the "Interstate Horse Racing	79606
Act of 1978," 92 Stat. 1811, 15 U.S.C.A. 3001 to 3007. The consent	79607
of the horsemen's organization at the track of the permit holder	79608
applying to the commission to simulcast horse races conducted at	79609
the permit holder's track to racing associations, tracks, and	79610
facilities located outside this state shall be consistent with the	79611
interest of preserving live racing.	79612

(H)(1) The state racing commission may authorize any permit	79613
holder that is authorized to conduct live horse racing on racing	79614
days and that conducts pari-mutuel wagering on simulcasts of horse	79615
races under this section that are conducted at race tracks either	79616
inside or outside this state to conduct, supervise, and	79617
participate in interstate and intrastate common pari-mutuel	79618
wagering pools on those races in the manner provided in division	79619
(H) of this section. Except as otherwise expressly provided in	79620
division (H) of this section or in the rules of the state racing	79621
commission, the provisions of this chapter that govern pari-mutuel	79622
wagering apply to interstate or intrastate common pari-mutuel	79623
wagering pools.	79624

(2) Subject to the approval of the state racing commission,	79625
the types of wagering, calculation of the commission retained by	79626
the permit holder, tax rates, distribution of winnings, and rules	79627
of racing in effect for pari-mutuel wagering pools at the host	79628
track may govern wagers placed at a receiving track in this state	79629
and merged into an interstate or intrastate common pari-mutuel	79630
wagering pool. Breakage from interstate or intrastate common	79631
pari-mutuel wagering pools shall be calculated in accordance with	79632
the rules that govern the host track and shall be distributed	79633
among the tracks participating in the interstate or intrastate	79634
common wagering pool in a manner agreed to by the participating	79635
tracks and the host track. An interstate common pari-mutuel	79636
wagering pool formed under division (H)(3) of this section is	79637
subject to that division rather than to division (H)(2) of this	79638
section.	79639

(3) Subject to the approval of the state racing commission,	79640
an interstate common pari-mutuel wagering pool may be formed	79641
between a permit holder and one or more receiving tracks located	79642
in states other than the state in which the host track is located.	79643
The commission may approve types of wagering, calculation of the	79644
commission retained by the permit holder, tax rates, distribution	79645
of winnings, rules of racing, and calculation of breakage for such	79646
an interstate common pari-mutuel wagering pool that differ from	79647
those that would otherwise be applied in this state under this	79648
chapter but that are consistent for all tracks participating in	79649
the interstate common pari-mutuel wagering pool formed under	79650
division (H)(3) of this section.	79651

(4) As used in division (H) of this section:

79652

(a) "Host track" means a track where live horse races are	79653
conducted and offered for simulcasting to receiving tracks.	79654

(b) "Receiving track" means a track where simulcasts of races	79655
from a host track are displayed and wagered on.	79656

(I) Each permit holder is responsible for paying all costs	79657
associated with the up-link for, and reception of, simulcasts, and	79658
the conduct and operation of simulcast racing programs, for all	79659
fees and costs associated with serving as a simulcast host or	79660
simulcast guest, and for any required fees payable to the tracks,	79661
racing associations, or state regulatory agencies where simulcast	79662
racing is conducted at tracks located outside this state.	79663

(J) No license, fee, or excise tax, other than as specified	79664
in division (E) of this section, shall be assessed upon or	79665
collected from a permit holder or the owners of a permit holder in	79666
connection with, or pertaining to, the operation and conduct of	79667
simulcast racing programs in this state, by any county, township,	79668
municipal corporation, district, or other body having the	79669
authority to assess or collect a tax or fee.	79670

(K)(1) Permit holders operating tracks within the same county	79671
or adjacent counties that are conducting simulcast racing programs	79672
under this section may enter into agreements regarding the conduct	79673
of simulcast racing programs at their respective tracks and the	79674
sharing of the retained commissions therefrom, for such periods of	79675
time, upon such terms and conditions, and subject to such rights	79676
and obligations, as the contracting permit holders consider	79677
appropriate under the circumstances. Permit holders shall notify	79678
the state racing commission of their entry into an agreement	79679
pursuant to this division, the names of the permit holders that	79680
are parties to the agreement, and the length of time the agreement	79681
shall be in effect.	79682

(2) Permit holders and the thoroughbred horsemens association	79683
and Ohio harness horsemens association may agree to do any of the	79684
following:	79685

(a) Increase or reduce the fees and amounts to be retained by	79686
the permit holders under this section;	79687

(b) Increase or reduce the fees and amounts to be allocated	79688
to the purse accounts of permit holders under this section;	79689

(c) Increase or reduce the fees to be paid between and among	79690
simulcast hosts and simulcast guests under this section and under	79691
division (C) of section 3769.0810 of the Revised Code;	79692

(d) Modify, suspend, or waive the requirements set forth in	79693
division (B) of this section as to any permit holder or as to all	79694
permit holders.	79695

All permit holders and both horsemen's organizations shall	79696
approve such agreement. Any agreement entered into under division	79697
(K)(2) of this section shall set forth the effective date of any	79698
such increase or reduction, and the terms and provisions of the	79699
agreement, and a copy of the agreement shall be filed with the	79700
state racing commission.	79701

Sec. 3769.10. The state racing commission and the tax	79702
commissioner shall enforce this chapter and may incur such	79703
expenses as are necessary; provided, that the power of the tax	79704
commissioner shall extend only to enforcement and administration	79705
of the taxes levied by sections 3769.08, 3769.087, 3769.26, and	79706
3769.28 of the Revised Code as provided in those sections and in	79707
sections 3769.088, 3769.101, 3769.102, 3769.103, 5703.05, 5703.17	79708
to 5703.37, 5703.39, 5703.41, and 5703.45 of the Revised Code. The	79709
commissioner may adopt, in accordance with section 5703.14 of the	79710
Revised Code, such rules as the commissioner considers necessary	79711
to administer sections 3769.08, 3769.087, 3769.088, 3769.101,	79712
3769.102, 3769.103, 3769.26, and 3769.28 of the Revised Code.	79713

Except as otherwise provided in section 3769.03 of the	79714
Revised Code, all taxes, fees, and moneys due the state under	79715
sections 3769.01 to 3769.071 and 3769.09 to 3769.14 of the Revised	79716
Code shall be paid to, and receipted for by, the secretary of the	79717
state racing commission, and shall be paid by the secretary weekly	79718
into the state treasury to the credit of the general revenue fund.	79719
All taxes due the state under sections 3769.08, 3769.087, and	79720
3769.26 of the Revised Code shall be paid to, and receipted for	79721
by, the tax commissioner, and shall be paid by the commissioner	79722
~~weekly~~monthly into the proper funds.	79723

All vouchers of the commission shall be approved by the	79724
commission chairperson or secretary, or both, as authorized by the	79725
commission.	79726

Sec. 3769.101. (A) For the purposes of receiving,	79727
distributing, and accounting for revenue received from the taxes	79728
levied by sections 3769.08, 3769.087, and 3769.26 of the Revised	79729
Code, there is hereby created in the state treasury the	79730
horse-racing tax revenue fund.	79731

(B) All moneys collected from the taxes imposed by sections	79732
3769.08, 3769.087, and 3769.26 of the Revised Code shall be	79733
deposited into the horse-racing tax revenue fund.	79734

(C) On or before the fifteenth day of each month, the tax	79735
commissioner shall pay into the nursing home franchise permit fee	79736
fund, Ohio fairs fund, Ohio thoroughbred race fund, Ohio	79737
standardbred development fund, Ohio quarter horse fund, and state	79738
racing commission operating fund created under this chapter the	79739
amounts required by sections 3769.08, 3769.087, and 3769.26 of the	79740
Revised Code based on amounts received in the preceding month.	79741

Sec. 3769.102. (A) For the purpose of receiving,	79742
distributing, and accounting for revenue received from the tax	79743
levied by section 3769.28 of the Revised Code, there is hereby	79744
created in the state treasury the horse-racing tax municipality	79745
fund.	79746

(B) All moneys collected from the tax imposed by section	79747
3769.28 of the Revised Code shall be deposited into the	79748
horse-racing tax municipality fund.	79749

(C) On or before the fifteenth day of each month, the tax	79750
commissioner shall provide for payments from the horse-racing tax	79751
municipality fund to municipal corporations or townships in which	79752
a permit holder's horse-racing meeting took place and in which any	79753
facilities or accessory uses therefor were located based on	79754
amounts received in the preceding month from the permit holder.	79755
The amount collected from a permit holder pursuant to section	79756
3769.28 of the Revised Code shall be divided equally between the	79757
municipal corporations or townships in which a permit holder's	79758
horse-racing meeting took place and in which any facilities or	79759
accessory uses therefor were located. Such municipal corporations	79760
or townships may distribute a portion of the moneys so received to	79761
any adjoining political subdivision that incurs increased expenses	79762
because of such a horse-racing meeting.	79763

Sec. 3769.103. (A) On each day on which banks are open for	79764
business, or not later than noon of the calendar day following a	79765
racing day on which banks are not open for business, a permit	79766
holder shall remit the amount of tax due under sections 3769.08,	79767
3769.087, and 3769.26 of the Revised Code in the manner required	79768
by the commissioner. The permit holder shall file with the tax due	79769
a report in the form required by the commissioner. The report	79770
shall reflect the activity of the previous racing day and include	79771
any other information the commissioner considers necessary to	79772
administer the taxes imposed under sections 3769.08, 3769.087, and	79773
3769.26 of the Revised Code.	79774

(B) Within ten days after the close of a horse-racing	79775
meeting, a permit holder shall remit the amount of tax due under	79776
section 3769.28 of the Revised Code in the manner required by the	79777
commissioner. The permit holder shall file with the tax due the	79778
final report required pursuant to section 3769.28 of the Revised	79779
Code in the form required by the commissioner. The report shall	79780
include any information the commissioner considers necessary to	79781
administer the tax imposed by section 3769.28 of the Revised Code.	79782

(C) The commissioner may require permit holders to use the	79783
Ohio business gateway to file reports and remit the tax, or may	79784
provide for another means for taxpayers to file and remit the tax	79785
electronically.	79786

Sec. 3769.26. (A)(1) Except as otherwise provided in	79787
division (B) of this section, each track in existence on September	79788
27, 1994, regardless of the number of permit holders authorized to	79789
conduct race meetings at the track, may establish, with the	79790
approval of the state racing commission and the appropriate local	79791
legislative authority, not more than two satellite facilities at	79792
which it may conduct pari-mutuel wagering on horse races conducted	79793
either inside or outside this state and simulcast by a simulcast	79794
host to the satellite facilities.	79795

(2) Prior to a track's establishing satellite facilities	79796
under this section, the permit holders at that track shall agree	79797
among themselves regarding their respective rights and obligations	79798
with respect to those satellite facilities.	79799

(3)(a) Any track that desires to establish a satellite	79800
facility shall provide written notification of its intent to the	79801
state racing commission and to the appropriate local legislative	79802
authority that is required to approve the satellite facility,	79803
together with detailed plans and specifications for the satellite	79804
facility. The commission shall deliver copies of this notification	79805
to all other tracks in this state, and the commission shall,	79806
within forty-five days after receiving the notification, hold a	79807
hearing on the track's intent to establish a satellite facility.	79808
At this hearing the commission shall consider the evidence	79809
presented and determine whether the request for establishment of a	79810
satellite facility shall be approved.	79811

The commission shall not approve a track's request to	79812
establish a satellite facility if the owner of the premises where	79813
the satellite facility is proposed to be located or if the	79814
proposed operator of the satellite facility has been convicted of	79815
or has pleaded guilty to a gambling offense that is a felony or	79816
any other felony under the laws of this state, any other state, or	79817
the United States that the commission determines to be related to	79818
fitness to be the owner of such a premises or to be the operator	79819
of a satellite facility. As used in division (A)(3)(a) of this	79820
section, "gambling offense" has the same meaning as in section	79821
2915.01 of the Revised Code and "operator" means the individual	79822
who is responsible for the day-to-day operations of a satellite	79823
facility. The commission shall conduct a background investigation	79824
on each person who is the owner of a premises where a satellite	79825
facility is proposed to be located or who is proposed to be the	79826
operator or an employee of a satellite facility. The commission	79827
shall adopt rules in accordance with Chapter 119. of the Revised	79828
Code that specify the specific information the commission shall	79829
collect in conducting such a background investigation.	79830

No track shall knowingly contract with a person as the owner	79831
of the premises where a satellite facility is located, or	79832
knowingly employ a person as the operator or an employee of a	79833
satellite facility, who has been convicted of or pleaded guilty to	79834
a gambling offense that is a felony or any other felony under the	79835
laws of this state, any other state, or the United States that the	79836
commission determines to be related to fitness to be the owner of	79837
such a premises or to be the operator or an employee of a	79838
satellite facility. The commission may impose a fine in an amount	79839
not to exceed ten thousand dollars on any track that violates any	79840
of these prohibitions.	79841

(b) Each track that receives the notification described in	79842
division (A)(3)(a) of this section shall notify the commission and	79843
the track that desires to establish the satellite facility, within	79844
thirty days after receiving the notification from the commission,	79845
indicating whether or not it desires to participate in the joint	79846
ownership of the facility. Ownership shall be distributed equally	79847
among the tracks that choose to participate in the joint ownership	79848
of the facility unless the participating tracks agree to and	79849
contract otherwise. Tracks that fail to respond to the commission	79850
and the track that desires to establish the satellite facility	79851
within this thirty-day period regarding the ownership of the	79852
particular satellite facility are not eligible to participate in	79853
its ownership.	79854

(B) If, within three years after September 27, 1994, a track	79855
in existence on September 27, 1994, does not establish both of the	79856
satellite facilities it is authorized to establish under division	79857
(A) of this section, another track, with the approval of the	79858
racing commission, may establish in accordance with this section a	79859
number of additional satellite facilities that does not exceed the	79860
number of satellite facilities that the first track did not	79861
establish. However, no more than fourteen satellite facilities may	79862
be established in this state.	79863

(C) Except as otherwise provided in this division, each	79864
permit holder in this state shall allow the races that it	79865
conducts, and the races conducted outside this state that it	79866
receives as a simulcast host, to be simulcast to all satellite	79867
facilities operating in this state and shall take all action	79868
necessary to supply its simulcast and wagering information to	79869
these satellite facilities. A permit holder at a track where the	79870
average daily amount wagered for all race meetings during calendar	79871
year 1990 did not exceed two hundred fifty thousand dollars may	79872
elect not to simulcast its races to the satellite facilities. If a	79873
permit holder at such a track chooses to simulcast its races to	79874
satellite facilities, it shall allow its races to be simulcast to	79875
all satellite facilities operating in this state. Except as	79876
otherwise provided in this division, each satellite facility shall	79877
receive simulcasts of and conduct pari-mutuel wagering on all live	79878
racing programs being conducted at any track in this state and on	79879
all agreed simulcast racing programs, as provided in division (D)	79880
of section 3769.089 of the Revised Code, conducted in other states	79881
that are received by simulcast in this state, without regard to	79882
the breed of horse competing in the race or the time of day of the	79883
race.	79884

No satellite facility may receive simulcasts of horse races	79885
during the same hours that a county fair or independent fair	79886
located within the same county as the satellite facility is	79887
conducting pari-mutuel wagering on horse races at that county or	79888
independent fair.	79889

Except as otherwise provided in this division, the commission	79890
shall not approve the establishment of a satellite facility within	79891
a radius of fifty miles of any track. The commission may approve	79892
the establishment of a satellite facility at a location within a	79893
radius of at least thirty-five but not more than fifty miles from	79894
one or more tracks if all of the holders of permits issued for	79895
those tracks consent in writing to the establishment of the	79896
satellite facility. The commission may approve the establishment	79897
of a satellite facility at a location within a radius of	79898
thirty-five miles of more than one race track if all holders of	79899
permits issued for those tracks consent in writing to the	79900
establishment of the satellite facility and, if the tracks are	79901
located completely within one county and the proposed satellite	79902
facility will be located within that county, if both the	79903
legislative authority of the municipal corporation in that county	79904
with the largest population, and the appropriate legislative	79905
authority that is required to approve the satellite facility under	79906
division (A)(1) of this section, approve the establishment of the	79907
new satellite facility. The commission may approve the	79908
establishment of a satellite facility at a location within a	79909
radius of less than twenty miles from an existing satellite	79910
facility if the owner of the existing satellite facility consents	79911
in writing to the establishment of the new satellite facility.	79912

A satellite facility shall not receive simulcasts of horse	79913
races conducted outside this state on any day when no simulcast	79914
host is operating.	79915

(D) Each simulcast host is responsible for paying all costs	79916
associated with the up-link for simulcasts. Each satellite	79917
facility is responsible for paying all costs associated with the	79918
reception of simulcasts and the operation of the satellite	79919
facility.	79920

(E) All money wagered at the simulcast host, and all money	79921
wagered at all satellite facilities on races simulcast from the	79922
simulcast host, shall be included in a common pari-mutuel pool at	79923
the simulcast host. Except as otherwise provided in division	79924
(F)(6) of this section, the payment shall be the same for all	79925
winning tickets whether a wager is placed at a simulcast host or a	79926
satellite facility. Wagers placed at a satellite facility shall	79927
conform in denomination, character, terms, conditions, and in all	79928
other respects to wagers placed at the simulcast host for the same	79929
race.	79930

(F)(1) As used in division (F) of this section, "effective	79931
rate" means the effective gross tax percentage applicable at the	79932
simulcast host, determined in accordance with sections 3769.08 and	79933
3769.087 of the Revised Code, after combining the money wagered at	79934
the simulcast host with the money wagered at satellite facilities	79935
on races simulcast from the host track.	79936

(2) For the purposes of calculating the amount of taxes to be	79937
paid and the amount of commissions to be retained by permit	79938
holders, fifty per cent of the amount wagered at satellite	79939
facilities on a live racing program simulcast from a simulcast	79940
host shall be allocated to the permit holder's live race wagering	79941
at that simulcast host that conducts the live racing program, and	79942
fifty per cent of the amount wagered at satellite facilities on	79943
simulcast racing programs conducted outside this state shall be	79944
allocated to, and apportioned equally among, the permit holders	79945
acting as simulcast hosts for the out-of-state simulcast racing	79946
programs. The remainder of the amount wagered at a satellite	79947
facility on races simulcast from a simulcast host shall be	79948
allocated to the satellite facility. In computing the tax due on	79949
the amount allocated to the satellite facility, if there is more	79950
than one simulcast host for out-of-state simulcast racing	79951
programs, the effective rate applied by the satellite facility	79952
shall be the tax rate applicable to the simulcast host that pays	79953
the highest effective rate under section 3769.08 of the Revised	79954
Code on such simulcast racing programs.	79955

(3) The portion of the amount wagered that is allocated to a	79956
simulcast host under division (F)(2) of this section shall be	79957
treated, for the purposes of calculating the amount of taxes to be	79958
paid and commissions to be retained, as having been wagered at the	79959
simulcast host on a live racing program or on a simulcast racing	79960
program. The permit holder at the simulcast host shall pay, by	79961
~~check, draft, or money order to the state tax commissioner~~in the	79962
manner prescribed under section 3769.103 of the Revised Code, as a	79963
tax, the tax specified in sections 3769.08 and 3769.087 of the	79964
Revised Code, as applicable, except that the tax shall be	79965
calculated using the effective rate, and the permit holder may	79966
retain as a commission the percentage of the amount wagered as	79967
specified in those sections. From the tax collected, the tax	79968
commissioner shall make distributions to the respective funds, and	79969
in the proper amounts, as required by sections 3769.08 and	79970
3769.087 of the Revised Code, as applicable.	79971

(4) From the portion of the amount wagered that is allocated	79972
to a satellite facility under division (F)(2) of this section, the	79973
satellite facility may retain as a commission the amount specified	79974
in section 3769.08 or 3769.087 of the Revised Code, as applicable.	79975
The portion of the amount wagered that is allocated to a satellite	79976
facility shall be subject to tax at the effective rate as follows:	79977

(a) One per cent of such amount allocated to the satellite	79978
facility shall be paid as a tax each racing day to the tax	79979
commissioner for deposit into the nursing home franchise permit	79980
fee fund.	79981

(b) The remaining balance of the taxes calculated at the	79982
effective rate, after payment of the tax specified in division	79983
(F)(4)(a) of this section, shall be retained by the satellite	79984
facility to pay for those costs associated with the reception of	79985
the simulcasts.	79986

(5) From the commission retained by a satellite facility	79987
after the deduction of the tax paid at the effective rate under	79988
division (F)(4) of this section, the satellite facility shall	79989
retain an amount equal to two and three-eighths per cent of the	79990
amount wagered that day on simulcast racing programs and the	79991
balance shall be divided as follows:	79992

(a) One-half shall be paid to the owner of the satellite	79993
facility;	79994

(b) One-half shall be paid to the state racing commission for	79995
deposit into the Ohio combined simulcast horse racing purse fund.	79996

(6) In addition to the commission retained under this	79997
section, a satellite facility shall retain two and one-half per	79998
cent of the amount that would otherwise be paid on each winning	79999
wager unless the retention of this amount would either cause or	80000
add to a minus pool. As used in division (F)(6) of this section,	80001
"minus pool" means a wagering pool in which a winning wager is	80002
paid off at less than one hundred ten per cent of the amount of	80003
the wager. The amount retained shall be paid each racing day to	80004
the tax commissioner for deposit into the nursing home franchise	80005
permit fee fund.	80006

(7) At the close of each day, each satellite facility shall	80007
pay, by check, draft, or money order, or by wire transfer of	80008
funds, out of the money retained on that day to the collection and	80009
settlement agent the required fee to be paid by the simulcast host	80010
to the tracks, racing associations, or state regulatory agencies	80011
located outside this state for simulcasts into this state computed	80012
and based on one-half of the amount wagered at the satellite	80013
facility that day on interstate simulcast racing programs.	80014

(G) No license, fee, or excise tax, other than as specified	80015
in division (F)(6) of this section, shall be assessed upon or	80016
collected from a satellite facility, the owners of a satellite	80017
facility, or the holders of permits issued for a track that has	80018
established a satellite facility by any county, township,	80019
municipal corporation, district, or other body having the	80020
authority to assess or collect a tax or fee.	80021

(H) In no case shall that portion of the commissions	80022
designated for purses from satellite facilities be less than that	80023
portion of those commissions designated for purses at the	80024
simulcast host.	80025

(I) It is the intention of the general assembly in enacting	80026
this section not to adversely affect the amounts paid into the	80027
Ohio thoroughbred race fund created under section 3769.083 of the	80028
Revised Code. Therefore, each track that acts as a simulcast host	80029
under this section shall calculate, on a semi-annual basis during	80030
calendar years 1994, 1995, and 1996, its average daily	80031
contribution to the Ohio thoroughbred race fund created under	80032
section 3769.083 of the Revised Code on those days on which the	80033
track conducted live horse racing. If this average daily	80034
contribution to the fund is less than the average daily	80035
contribution from the same track to the fund during the same	80036
six-month period of calendar year 1992, there shall be contributed	80037
to the fund an amount equal to the average daily shortfall	80038
multiplied by the number of days of live racing conducted during	80039
the six-month period in calendar year 1994, 1995, or 1996, as	80040
applicable. The amount of such contribution shall be allocated	80041
among the simulcast host, the purse program at the simulcast host,	80042
and the satellite facilities for which the track served as the	80043
simulcast host, on a pro rata basis in proportion to the amounts	80044
contributed by them to the fund during such six-month period in	80045
calendar year 1994, 1995, or 1996, as applicable.	80046

Sec. 3769.28. ~~The tax commissioner shall collect from~~Within	80047
ten days after the close of a horse-racing meeting, each permit	80048
holder who conducts a pari-mutuel system of wagering where the	80049
wagering is less than five million dollars shall remit, in the	80050
manner prescribed under section 3769.103 of the Revised Code, a	80051
sum of money equal to one-tenth of one per cent of the total	80052
amount wagered and where the wagering is five million dollars or	80053
more a sum of money equal to fifteen hundredths of one per cent of	80054
the total amount wagered during any horse-racing meeting for the	80055
purpose of providing operating revenue for the political	80056
subdivisions wherein such meetings are held. Within ten days after	80057
the close of a meeting, the permit holder shall also prepare and	80058
transmit, in the manner prescribed under section 3769.103 of the	80059
Revised Code, to the tax commissioner a final report showing the	80060
total amount wagered during the horse-racing meeting and any other	80061
information required by the commissioner relative to the tax	80062
levied by this section. ~~The final report shall be signed by the~~	80063
~~permit holder or an authorized agent of the permit holder. The~~	80064
~~commissioner shall prescribe the form of the final report.~~	80065

~~The commissioner shall collect the tax due under this section~~	80066
~~on amounts wagered during a horse-racing meeting within ten days~~	80067
~~after the close of the meeting. The amount collected by the~~	80068
~~commissioner shall be made payable to the chief fiscal officers of~~	80069
~~the municipal corporations or townships in which such horse-racing~~	80070
~~meeting took place and in which any such facilities or accessory~~	80071
~~uses therefor were located. The commissioner shall then~~	80072
~~immediately forward the amount collected to such chief fiscal~~	80073
~~officers. The amount collected shall be divided equally between~~	80074
~~the municipal corporations or townships in which such horse-racing~~	80075
~~meeting took place and in which any facilities or accessory uses~~	80076
~~therefor were located. Such municipal corporations or townships~~	80077
~~may distribute a portion of the moneys so received to any~~	80078
~~adjoining political subdivision which incurs increased expenses~~	80079
~~because of such horse-racing meeting.~~	80080

This section shall not apply to any agricultural society	80081
which holds a horse-racing permit.	80082

The amount collected under this section from any one permit	80083
holder shall not exceed fifteen thousand dollars from any one	80084
horse-racing meeting in any calendar year.	80085

Sec. 3770.02. (A) Subject to the advice and consent of the	80086
senate, the governor shall appoint a director of the state lottery	80087
commission who shall serve at the pleasure of the governor. The	80088
director shall devote full time to the duties of the office and	80089
shall hold no other office or employment. The director shall meet	80090
all requirements for appointment as a member of the commission and	80091
shall, by experience and training, possess management skills that	80092
equip the director to administer an enterprise of the nature of a	80093
state lottery. The director shall receive an annual salary in	80094
accordance with pay range 48 of section 124.152 of the Revised	80095
Code.	80096

(B)(1) The director shall attend all meetings of the	80097
commission and shall act as its secretary. The director shall keep	80098
a record of all commission proceedings and shall keep the	80099
commission's records, files, and documents at the commission's	80100
principal office. All records of the commission's meetings shall	80101
be available for inspection by any member of the public, upon a	80102
showing of good cause and prior notification to the director.	80103

(2) The director shall be the commission's executive officer	80104
and shall be responsible for keeping all commission records and	80105
supervising and administering the state lottery in accordance with	80106
this chapter, and carrying out all commission rules adopted under	80107
section 3770.03 of the Revised Code.	80108

(C)(1) The director shall appoint an assistant director,	80109
deputy directors of marketing, operations, sales, finance, public	80110
relations, security, and administration, and as many regional	80111
managers as are required. The director may also appoint necessary	80112
professional, technical, and clerical assistants. All such	80113
officers and employees shall be appointed and compensated pursuant	80114
to Chapter 124. of the Revised Code. Regional and assistant	80115
regional managers, sales representatives, and any lottery	80116
executive account representatives shall remain in the unclassified	80117
service.	80118

(2) The director, in consultation with the director of	80119
administrative services, may establish standards of proficiency	80120
and productivity for commission field representatives.	80121

(D) The director shall request the bureau of criminal	80122
identification and investigation, the department of public safety,	80123
or any other state, local, or federal agency to supply the	80124
director with the criminal records of any job applicant and may	80125
periodically request the criminal records of commission employees.	80126
At or prior to the time of making such a request, the director	80127
shall require a job applicant or commission employee to obtain	80128
fingerprint cards prescribed by the superintendent of the bureau	80129
of criminal identification and investigation at a qualified law	80130
enforcement agency, and the director shall cause these fingerprint	80131
cards to be forwarded to the bureau of criminal identification and	80132
investigation and the federal bureau of investigation. The	80133
commission shall assume the cost of obtaining the fingerprint	80134
cards and shall pay to each agency supplying criminal records for	80135
each investigation under this division a reasonable fee, as	80136
determined by the agency.	80137

(E) The director shall license lottery sales agents pursuant	80138
to section 3770.05 of the Revised Code and, when it is considered	80139
necessary, may revoke or suspend the license of any lottery sales	80140
agent. The director may license video lottery technology	80141
providers, independent testing laboratories, and gaming employees,	80142
and promulgate rules relating thereto. When the director considers	80143
it necessary, the director may suspend or revoke the license of a	80144
video lottery technology provider, independent testing laboratory,	80145
or gaming employee, including suspension or revocation without	80146
affording an opportunity for a prior hearing under section 119.07	80147
of the Revised Code when the public safety, convenience, or trust	80148
requires immediate action.	80149

(F) The director shall confer at least once each month with	80150
the commission, at which time the director shall advise it	80151
regarding the operation and administration of the lottery. The	80152
director shall make available at the request of the commission all	80153
documents, files, and other records pertaining to the operation	80154
and administration of the lottery. The director shall prepare and	80155
make available to the commission each month a complete and	80156
accurate accounting of lottery revenues, prize money disbursements	80157
and the cost of goods and services awarded as prizes, operating	80158
expenses, and all other relevant financial information, including	80159
an accounting of all transfers made from any lottery funds in the	80160
custody of the treasurer of state to benefit education.	80161

(G) The director may enter into contracts for the operation	80162
or promotion of the lottery pursuant to Chapter 125. of the	80163
Revised Code.	80164

(H)(1) Pursuant to rules adopted by the commission under	80165
section 3770.03 of the Revised Code, the director shall require	80166
any lottery sales agents to ~~either mail directly to the commission~~	80167
or deposit to the credit of the state lottery fund, in banking	80168
institutions designated by the treasurer of state, net proceeds	80169
due the commission as determined by the director~~, and to file with~~	80170
~~the director or the director's designee reports of their receipts~~	80171
~~and transactions in the sale of lottery tickets in the form~~	80172
~~required by the director~~.	80173

(2) Pursuant to rules adopted by the commission under Chapter	80174
119. of the Revised Code, the director may impose penalties for	80175
the failure of a sales agent to transfer funds to the commission	80176
in a timely manner. Penalties may include monetary penalties,	80177
immediate suspension or revocation of a license, or any other	80178
penalty the commission adopts by rule.	80179

(I) The director may arrange for any person, or any banking	80180
institution, to perform functions and services in connection with	80181
the operation of the lottery as the director may consider	80182
necessary to carry out this chapter.	80183

(J)(1) As used in this chapter, "statewide joint lottery	80184
game" means a lottery game that the commission sells solely within	80185
this state under an agreement with other lottery jurisdictions to	80186
sell the same lottery game solely within their statewide or other	80187
jurisdictional boundaries.	80188

(2) If the governor directs the director to do so, the	80189
director shall enter into an agreement with other lottery	80190
jurisdictions to conduct statewide joint lottery games. If the	80191
governor signs the agreement personally or by means of an	80192
authenticating officer pursuant to section 107.15 of the Revised	80193
Code, the director then may conduct statewide joint lottery games	80194
under the agreement.	80195

(3) The entire net proceeds from any statewide joint lottery	80196
games shall be used to fund elementary, secondary, vocational, and	80197
special education programs in this state.	80198

(4) The commission shall conduct any statewide joint lottery	80199
games in accordance with rules it adopts under division (B)(5) of	80200
section 3770.03 of the Revised Code.	80201

(K)(1) The director shall enter into an agreement with the	80202
department of ~~alcohol and drug addiction services~~mental health	80203
and addiction services under which the department shall provide a	80204
program of gambling addiction services on behalf of the	80205
commission. The commission shall pay the costs of the program	80206
provided pursuant to the agreement.	80207

(2) As used in this section, "gambling addiction services"	80208
has the same meaning as in section ~~3793.01~~5119.01 of the Revised	80209
Code.	80210

Sec. 3770.06. (A) There is hereby created the state lottery	80211
gross revenue fund, which shall be in the custody of the treasurer	80212
of state but shall not be part of the state treasury. All gross	80213
revenues received from sales of lottery tickets, fines, fees, and	80214
related proceeds in connection with the statewide lottery and all	80215
gross proceeds from statewide joint lottery games shall be	80216
deposited into the fund. The treasurer of state shall invest any	80217
portion of the fund not needed for immediate use in the same	80218
manner as, and subject to all provisions of law with respect to	80219
the investment of, state funds. The treasurer of state shall	80220
disburse money from the fund on order of the director of the state	80221
lottery commission or the director's designee.	80222

Except for gross proceeds from statewide joint lottery games,	80223
all revenues of the state lottery gross revenue fund that are not	80224
paid to holders of winning lottery tickets, that are not required	80225
to meet short-term prize liabilities, that are not credited to	80226
lottery sales agents in the form of bonuses, commissions, or	80227
reimbursements, that are not paid to financial institutions to	80228
reimburse those institutions for sales agent nonsufficient funds,	80229
and that are collected from sales agents for remittance to	80230
insurers under contract to provide sales agent bonding services	80231
shall be transferred to the state lottery fund, which is hereby	80232
created in the state treasury. In addition, all revenues of the	80233
state lottery gross revenue fund that represent the gross proceeds	80234
from the statewide joint lottery games and that are not paid to	80235
holders of winning lottery tickets, that are not required to meet	80236
short-term prize liabilities, that are not credited to lottery	80237
sales agents in the form of bonuses, commissions, or	80238
reimbursements, and that are not necessary to cover operating	80239
expenses associated with those games or to otherwise comply with	80240
the agreements signed by the governor that the director enters	80241
into under division (J) of section 3770.02 of the Revised Code or	80242
the rules the commission adopts under division (B)(5) of section	80243
3770.03 of the Revised Code shall be transferred to the state	80244
lottery fund. All investment earnings of the fund shall be	80245
credited to the fund. Moneys shall be disbursed from the fund	80246
pursuant to vouchers approved by the director. Total disbursements	80247
for monetary prize awards to holders of winning lottery tickets in	80248
connection with the statewide lottery and purchases of goods and	80249
services awarded as prizes to holders of winning lottery tickets	80250
shall be of an amount equal to at least fifty per cent of the	80251
total revenue accruing from the sale of lottery tickets.	80252

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	80253
there is hereby established in the state treasury the lottery	80254
profits education fund. Whenever, in the judgment of the director	80255
of the state lottery commission, the amount to the credit of the	80256
state lottery fund that does not represent proceeds from statewide	80257
joint lottery games is in excess of that needed to meet the	80258
maturing obligations of the commission and as working capital for	80259
its further operations, the director of the state lottery	80260
commission shall recommend the amount of the excess to be	80261
transferred to the lottery profits education fund, and the	80262
director of budget and management may transfer the excess to the	80263
lottery profits education fund in connection with the statewide	80264
lottery. In addition, whenever, in the judgment of the director of	80265
the state lottery commission, the amount to the credit of the	80266
state lottery fund that represents proceeds from statewide joint	80267
lottery games equals the entire net proceeds of those games as	80268
described in division (B)(5) of section 3770.03 of the Revised	80269
Code and the rules adopted under that division, the director of	80270
the state lottery commission shall recommend the amount of the	80271
proceeds to be transferred to the lottery profits education fund,	80272
and the director of budget and management may transfer those	80273
proceeds to the lottery profits education fund. Investment	80274
earnings of the lottery profits education fund shall be credited	80275
to the fund.	80276

The lottery profits education fund shall be used solely for	80277
the support of elementary, secondary, vocational, and special	80278
education programs as determined in appropriations made by the	80279
general assembly, or as provided in applicable bond proceedings	80280
for the payment of debt service on obligations issued to pay costs	80281
of capital facilities, including those for a system of common	80282
schools throughout the state pursuant to section 2n of Article	80283
VIII, Ohio Constitution. When determining the availability of	80284
money in the lottery profits education fund, the director of	80285
budget and management may consider all balances and estimated	80286
revenues of the fund.	80287

(C) There is hereby established in the state treasury the	80288
deferred prizes trust fund. With the approval of the director of	80289
budget and management, an amount sufficient to fund annuity prizes	80290
shall be transferred from the state lottery fund and credited to	80291
the trust fund. The treasurer of state shall credit all earnings	80292
arising from investments purchased under this division to the	80293
trust fund. Within sixty days after the end of each fiscal year,	80294
the treasurer of state shall certify to the director of budget and	80295
management whether the actuarial amount of the trust fund is	80296
sufficient over the fund's life for continued funding of all	80297
remaining deferred prize liabilities as of the last day of the	80298
fiscal year just ended. Also, within that sixty days, the director	80299
of budget and management shall certify the amount of investment	80300
earnings necessary to have been credited to the trust fund during	80301
the fiscal year just ending to provide for such continued funding	80302
of deferred prizes. Any earnings credited in excess of the latter	80303
certified amount shall be transferred to the lottery profits	80304
education fund.	80305

To provide all or a part of the amounts necessary to fund	80306
deferred prizes awarded by the commission in connection with the	80307
statewide lottery, the treasurer of state, in consultation with	80308
the commission, may invest moneys contained in the deferred prizes	80309
trust fund which represents proceeds from the statewide lottery in	80310
obligations of the type permitted for the investment of state	80311
funds but whose maturities are thirty years or less.	80312
Notwithstanding the requirements of any other section of the	80313
Revised Code, to provide all or part of the amounts necessary to	80314
fund deferred prizes awarded by the commission in connection with	80315
statewide joint lottery games, the treasurer of state, in	80316
consultation with the commission, may invest moneys in the trust	80317
fund which represent proceeds derived from the statewide joint	80318
lottery games in accordance with the rules the commission adopts	80319
under division (B)(5) of section 3770.03 of the Revised Code.	80320
Investments of the trust fund are not subject to the provisions of	80321
division (A)(10) of section 135.143 of the Revised Code limiting	80322
to twenty-five per cent the amount of the state's total average	80323
portfolio that may be invested in debt interests and limiting to	80324
one-half of one per cent the amount that may be invested in debt	80325
interests of a single issuer.	80326

All purchases made under this division shall be effected on a	80327
delivery versus payment method and shall be in the custody of the	80328
treasurer of state.	80329

The treasurer of state may retain an investment advisor, if	80330
necessary. The commission shall pay any costs incurred by the	80331
treasurer of state in retaining an investment advisor.	80332

(D) The auditor of state shall conduct annual audits of all	80333
funds and any other audits as the auditor of state or the general	80334
assembly considers necessary. The auditor of state may examine all	80335
records, files, and other documents of the commission, and records	80336
of lottery sales agents that pertain to their activities as	80337
agents, for purposes of conducting authorized audits.	80338

(E) The state lottery commission shall establish an internal	80339
audit ~~program~~plan before the beginning of each fiscal year,	80340
subject to the approval of the ~~auditor~~office of ~~state~~internal	80341
audit in the office of budget and management. At the end of each	80342
fiscal year, the commission shall prepare and submit an annual	80343
report to the ~~auditor~~office of ~~state~~internal audit for the	80344
~~auditor of state's~~office's review and approval, specifying the	80345
internal audit work completed by the end of that fiscal year and	80346
reporting on compliance with the annual internal audit ~~program.~~	80347
~~The form and content of the report shall be prescribed by the~~	80348
~~auditor of state under division (C) of section 117.20 of the~~	80349
~~Revised Code~~plan.	80350

~~(E)~~(F) Whenever, in the judgment of the director of budget	80351
and management, an amount of net state lottery proceeds is	80352
necessary to be applied to the payment of debt service on	80353
obligations, all as defined in sections 151.01 and 151.03 of the	80354
Revised Code, the director shall transfer that amount directly	80355
from the state lottery fund or from the lottery profits education	80356
fund to the bond service fund defined in those sections. The	80357
provisions of this division are subject to any prior pledges or	80358
obligation of those amounts to the payment of bond service charges	80359
as defined in division (C) of section 3318.21 of the Revised Code,	80360
as referred to in division (B) of this section.	80361

Sec. 3772.062. (A) The executive director of the commission	80362
shall enter into an agreement with the department of ~~alcohol and~~	80363
~~drug addiction services~~mental health and addiction services under	80364
which the department provides a program of gambling and addiction	80365
services on behalf of the commission.	80366

(B) The executive director of the commission, in conjunction	80367
with the department of ~~alcohol and drug addiction services~~mental	80368
health and addiction services and the state lottery commission,	80369
shall establish, operate, and publicize an in-state, toll-free	80370
telephone number Ohio residents may call to obtain basic	80371
information about problem gambling, the gambling addiction	80372
services available to problem gamblers, and how a problem gambler	80373
may obtain help. The telephone number shall be staffed twenty-four	80374
hours per day, seven days a week, to respond to inquiries and	80375
provide that information. The costs of establishing, operating,	80376
and publicizing the telephone number shall be paid for with money	80377
in the problem casino gambling and addictions fund.	80378

Sec. 3772.24. (A) An employee of a casino facility who is	80379
between eighteen and twenty-one years of age may be present in the	80380
area of a casino facility where casino gaming is being conducted,	80381
as long as the employee's duties are related solely to nongaming	80382
activities. An individual who is less than twenty-one years of age	80383
may enter a designated area of a casino facility where casino	80384
gaming is being conducted, as established by the commission, to	80385
pass to another area where casino gaming is not being conducted,	80386
but only if the individual is personally escorted by licensed	80387
casino personnel, as approved by the commission, who at all times	80388
remain in close proximity to the individual. An individual who is	80389
less than twenty-one years of age shall not make a wager under	80390
this chapter.	80391

(B) Casino operators shall notify the commission of the days	80392
and hours during which casino gaming will be conducted.	80393

Sec. 3772.36. (A) There is hereby created in the state	80394
treasury the casino control commission enforcement fund. All	80395
moneys that are derived from any fines, mandatory fines, or	80396
forfeited bail to which the commission may be entitled under this	80397
chapter and all moneys that are derived from forfeitures of	80398
property to which the commission may be entitled under this	80399
chapter or Chapter 2981. of the Revised Code, any other provision	80400
of the Revised Code, or federal law shall be deposited into the	80401
fund. Subject to division (B) of this section and divisions (B),	80402
(C), and (D) of section 2981.13 of the Revised Code, the moneys in	80403
the fund shall be used solely to subsidize the commission's	80404
division of enforcement and its efforts to ensure the integrity of	80405
casino gaming.	80406

(B) Notwithstanding any contrary provision in the Revised	80407
Code, moneys that are derived from forfeitures of property under	80408
federal law and that are deposited into the casino control	80409
commission enforcement fund in accordance with division (A) of	80410
this section shall be used and accounted for in accordance with	80411
the applicable federal law, and the commission otherwise shall	80412
comply with federal law in connection with that money.	80413

Sec. 3781.112. (A) As used in this section, "secured	80414
facility" means any of the following:	80415

(1) A maternity unit, newborn care nursery, or maternity home	80416
licensed under Chapter 3711. of the Revised Code;	80417

(2) A pediatric intensive care unit subject to rules adopted	80418
by the director of health pursuant to section 3702.11 of the	80419
Revised Code;	80420

(3) A children's hospital, as defined in section 3727.01 of	80421
the Revised Code;	80422

(4) A hospital that is licensed under section ~~5119.20~~5119.33	80423
of the Revised Code to receive mentally ill persons;	80424

(5) The portion of a nursing home licensed under section	80425
3721.02 of the Revised Code or in accordance with section 3721.09	80426
of the Revised Code in which specialized care is provided to	80427
residents of the nursing home who have physical or mental	80428
conditions that require a resident to be restricted in the	80429
resident's freedom of movement for the health and safety of the	80430
resident, the staff attending the resident, or the general public.	80431

(B) A secured facility may take reasonable steps in	80432
accordance with rules the board of building standards adopts under	80433
division (A) of section 3781.10 of the Revised Code and in	80434
accordance with the state fire code the fire marshal adopts under	80435
section 3737.82 of the Revised Code, to deny egress to confine and	80436
protect patients or residents of the secured facility who are not	80437
capable of self-preservation. A secured facility that wishes to	80438
deny egress to those patients or residents may use delayed-egress	80439
doors and electronically coded doors to deny egress, on the	80440
condition that those doors are installed and used in accordance	80441
with rules the board of building standards adopts under division	80442
(A) of section 3781.10 of the Revised Code and in accordance with	80443
the state fire code the fire marshal adopts under section 3737.82	80444
of the Revised Code. A secured facility also may install	80445
controlled-egress locks, in compliance with rules the board of	80446
building standards adopts under division (A) of section 3781.10 of	80447
the Revised Code and in compliance with the state fire code the	80448
fire marshal adopts under section 3737.82 of the Revised Code, in	80449
areas of the secured facility where patients or residents who have	80450
physical or mental conditions that would endanger the patients or	80451
residents, the staff attending the patients or residents, or the	80452
general public if those patients or residents are not restricted	80453
in their freedom of movement. A secured facility that uses	80454
delayed-egress doors and electronically coded doors,	80455
controlled-egress locks, or both, shall do both of the following:	80456

(1) Provide continuous, twenty-four-hour custodial care to	80457
the patients or residents of the facility;	80458

(2) Establish a system to evacuate patients or residents in	80459
the event of fire or other emergency.	80460

Sec. 3795.01. As used in sections 3795.01, 3795.02, and	80461
3795.03 of the Revised Code:	80462

(A) "Assist suicide" or "assisting suicide" means knowingly	80463
doing either of the following, with the purpose of helping another	80464
person to commit or attempt suicide:	80465

(1) Providing the physical means by which the person commits	80466
or attempts to commit suicide;	80467

(2) Participating in a physical act by which the person	80468
commits or attempts to commit suicide.	80469

(B) "Certified nurse practitioner," "certified	80470
nurse-midwife," and "clinical nurse specialist" have the same	80471
meanings as in section 4723.01 of the Revised Code.	80472

(C) "CPR" has the same meaning as in section 2133.21 of the	80473
Revised Code.	80474

(D) "Health care" means any care, treatment, service, or	80475
procedure to maintain, diagnose, or treat a person's physical or	80476
mental condition.	80477

(E) "Health care decision" means informed consent, refusal to	80478
give informed consent, or withdrawal of informed consent to health	80479
care.	80480

(F) "Health care facility" means any of the following:

80481

(1) A hospital;

80482

(2) A hospice care program or pediatric respite care program	80483
as defined in section 3712.01 of the Revised Code;	80484

(3) A nursing home;

80485

(4) A home health agency;

80486

(5) An intermediate care facility for ~~the mentally retarded~~	80487
individuals with intellectual disabilities.	80488

(G) "Health care personnel" means physicians, nurses,	80489
physician assistants, emergency medical technicians-basic,	80490
emergency medical technicians-intermediate, emergency medical	80491
technicians-paramedic, medical technicians, dietitians, other	80492
authorized persons acting under the direction of an attending	80493
physician, and administrators of health care facilities.	80494

(H) "Physician" means a person who is authorized under	80495
Chapter 4731. of the Revised Code to practice medicine and surgery	80496
or osteopathic medicine and surgery.	80497

Sec. 3798.01. As used in this chapter:

80498

(A) "Administrative safeguards," "physical safeguards," and	80499
"technical safeguards" have the same meanings as in 45 C.F.R.	80500
164.304.	80501

(B) "Approved health information exchange" means a health	80502
information exchange that has been approved or reapproved by the	80503
medicaid director ~~of job and family services~~ pursuant to the	80504
approval or reapproval process, as applicable, the director	80505
establishes in rules adopted under division (A) of section 3798.15	80506
of the Revised Code or that has been certified by the office of	80507
the national coordinator for health information technology in the	80508
United States department of health and human services.	80509

(C) "Covered entity," "disclosure," "health care provider,"	80510
"health information," "individually identifiable health	80511
information," "protected health information," and "use" have the	80512
same meanings as in 45 C.F.R. 160.103.	80513

(D) "Designated record set" has the same meaning as in 45	80514
C.F.R. 164.501.	80515

(E) "Direct exchange" means the activity of electronic	80516
transmission of health information through a direct connection	80517
between the electronic record systems of health care providers	80518
without the use of a health information exchange.	80519

(F) "Health care component" and "hybrid entity" have the same	80520
meanings as in 45 C.F.R. 164.103.	80521

(G) "Health information exchange" means any person or	80522
governmental entity that provides in this state a technical	80523
infrastructure to connect computer systems or other electronic	80524
devices used by covered entities to facilitate the secure	80525
transmission of health information. "Health information exchange"	80526
excludes health care providers engaged in direct exchange,	80527
including direct exchange through the use of a health information	80528
service provider.	80529

(H) "HIPAA privacy rule" means the standards for privacy of	80530
individually identifiable health information in 45 C.F.R. part 160	80531
and in 45 C.F.R. part 164, subparts A and E.	80532

(I) "Interoperability" means the capacity of two or more	80533
information systems to exchange information in an accurate,	80534
effective, secure, and consistent manner.	80535

(J) "Minor" means an unemancipated person under eighteen	80536
years of age or a mentally or physically disabled person under	80537
twenty-one years of age who meets criteria specified in rules	80538
adopted by the medicaid director ~~of job and family services~~ under	80539
section 3798.13 of the Revised Code.	80540

(K) "More stringent" has the same meaning as in 45 C.F.R.	80541
160.202.	80542

(L) "Office of health transformation" means the office of	80543
health transformation created by executive order 2011-02K or a	80544
successor governmental entity responsible for health system	80545
oversight in this state.	80546

(M) "Personal representative" means a person who has	80547
authority under applicable law to make decisions related to health	80548
care on behalf of an adult or emancipated minor, or the parent,	80549
legal guardian, or other person acting in loco parentis who is	80550
authorized under law to make health care decisions on behalf of an	80551
unemancipated minor. "Personal representative" does not include	80552
the parent or legal guardian of, or another person acting in loco	80553
parentis to, a minor who consents to the minor's own receipt of	80554
health care or a minor who makes medical decisions on the minor's	80555
own behalf pursuant to law, court approval, or because the minor's	80556
parent, legal guardian, or other person acting in loco parentis	80557
has assented to an agreement of confidentiality between the	80558
provider and the minor.	80559

(N) "Political subdivision" means a municipal corporation,	80560
township, county, school district, or other body corporate and	80561
politic responsible for governmental activities in a geographic	80562
area smaller than that of the state.	80563

(O) "State agency" means any one or more of the following:

80564

(1) The department of administrative services;

80565

(2) The department of aging;

80566

~~(2)~~(3) The department of ~~alcohol and drug addiction services~~	80567
mental health and addiction services;	80568

~~(3)~~(4) The department of developmental disabilities;

80569

~~(4)~~(5) The department of education;

80570

~~(5)~~(6) The department of health;

80571

~~(6)~~(7) The department of insurance;

80572

~~(7)~~(8) The department of job and family services;

80573

~~(8)~~(9) The department of ~~mental health~~medicaid;

80574

~~(9)~~(10) The department of rehabilitation and correction;

80575

~~(10)~~(11) The department of youth services;

80576

~~(11)~~(12) The bureau of workers' compensation;

80577

~~(12)~~(13) The ~~rehabilitation services commission~~opportunities	80578
for Ohioans with disabilities agency;	80579

~~(13)~~(14) The office of the attorney general;

80580

~~(14)~~(15) A health care licensing board created under Title	80581
XLVII of the Revised Code that possesses individually identifiable	80582
health information.	80583

Sec. 3798.10. (A) Not later than six months after ~~the~~	80584
~~effective date of this section~~September 10, 2012, the medicaid	80585
director ~~of job and family services~~, in consultation with the	80586
office of health transformation, shall prescribe by rules adopted	80587
in accordance with Chapter 119. of the Revised Code a standard	80588
authorization form for the use and disclosure of protected health	80589
information by covered entities in this state. The form shall meet	80590
all requirements specified in 45 C.F.R. 164.508 and, where	80591
applicable, 42 C.F.R. part 2.	80592

(B) If a form the medicaid director prescribes under division	80593
(A) of this section is properly executed by an individual or the	80594
individual's personal representative, it shall be accepted by any	80595
person or governmental entity in this state as valid authorization	80596
for the use or disclosure of the individual's protected health	80597
information to the persons or governmental entities specified in	80598
the form.	80599

(C) This section does not preclude a person or governmental	80600
entity from accepting as valid authorization for the use or	80601
disclosure of protected health information a form other than the	80602
form prescribed under division (A) of this section if the other	80603
form meets all requirements specified in 45 C.F.R. 164.508 and, if	80604
applicable, 42 C.F.R. part 2.	80605

Sec. 3798.13. The medicaid director ~~of job and family~~	80606
~~services~~ shall adopt rules for purposes of specifying the criteria	80607
a person who is mentally or physically disabled and who is under	80608
twenty-one years of age must meet to be considered a minor for	80609
purposes of sections 3798.07 and 3798.12 of the Revised Code.	80610

Sec. 3798.14. (A) The medicaid director ~~of job and family~~	80611
~~services~~, in consultation with the office of health	80612
transformation, shall adopt rules in accordance with Chapter 119.	80613
of the Revised Code for the purpose of establishing standards the	80614
director must use to approve health information exchanges	80615
operating in this state. The rules shall not be adopted until the	80616
earlier of sixty days following the adoption of a federal	80617
certification process for health information exchanges by the	80618
office of the national coordinator for health information	80619
technology in the United States department of health and human	80620
services or January 1, 2013. Subject to division (B) of this	80621
section, the rules may include standards and procedures to be	80622
followed by a health information exchange regarding the following:	80623

(1) Access to and use and disclosure of protected health	80624
information maintained by or on an approved health information	80625
exchange;	80626

(2) Demonstration of adequate financial resources to sustain	80627
continued operations in compliance with the rules adopted under	80628
this section;	80629

(3) Participation in outreach activities for individuals and	80630
covered entities;	80631

(4) Conduct of operations in a transparent manner to promote	80632
consumer confidence;	80633

(5) Implementation of security breach notification	80634
procedures.	80635

(B) The rules the medicaid director adopts pursuant to	80636
division (A) of this section shall be consistent with	80637
certification standards for health information exchanges	80638
established in federal statutes and regulations, including	80639
nationally recognized standards for interoperability.	80640

Sec. 3798.15. (A) The medicaid director ~~of job and family~~	80641
~~services~~, in consultation with the office of health	80642
transformation, shall adopt rules in accordance with Chapter 119.	80643
of the Revised Code for the purpose of establishing processes for	80644
all of the following:	80645

(1) A health information exchange to obtain approval to	80646
operate as an approved health information exchange in this state	80647
and, at times specified by the director, obtain reapproval of such	80648
status;	80649

(2) The director to investigate and resolve concerns and	80650
complaints submitted to the director regarding an approved health	80651
information exchange;	80652

(3) A health information exchange to apply for	80653
reconsideration of a decision the director makes under a process	80654
established under division (A)(1) or (2) of this section;	80655

(4) Covered entities and approved health information	80656
exchanges to enter into participation agreements and enforce the	80657
terms of such agreements.	80658

(B) Any decision the medicaid director makes in relation to a	80659
request for reconsideration made in accordance with rules adopted	80660
under division (A)(3) of this section is not subject to appeal	80661
under Chapter 119. of the Revised Code.	80662

Sec. 3798.16. (A) The medicaid director of job and family	80663
services, in consultation with the office of health	80664
transformation, shall adopt rules in accordance with Chapter 119.	80665
of the Revised Code for the purpose of specifying the content of	80666
agreements governing covered entities' participation in approved	80667
health information exchanges. At a minimum, the rules shall	80668
require the content of such participation agreements to include	80669
all of the following:	80670

(1) Procedures for a covered entity to disclose an	80671
individual's protected health information to an approved health	80672
information exchange;	80673

(2) Procedures for a covered entity to access an individual's	80674
protected health information from an approved health information	80675
exchange;	80676

(3) Subject to division (B) of this section, a written notice	80677
to be provided by a covered entity to an individual or the	80678
individual's personal representative prior to the covered entity's	80679
disclosure of the individual's protected health information to an	80680
approved health information exchange;	80681

(4) Documentation the covered entity must use to verify that	80682
a notice described in division (A)(3) of this section has been	80683
provided by the covered entity to an individual or the	80684
individual's personal representative prior to the disclosure of	80685
the individual's protected health information to an approved	80686
health information exchange;	80687

(5) Procedures for an individual or the individual's personal	80688
representative to submit to the covered entity a written request	80689
to place restrictions on the covered entity's disclosure of	80690
protected health information to the approved health information	80691
exchange;	80692

(6) The standards a covered entity must use to determine	80693
whether, and to what extent, to comply with a written request	80694
described in division (A)(5) of this section;	80695

(7) The purposes for which a covered entity may access and	80696
use protected health information from the approved health	80697
information exchange.	80698

(B) With respect to the written notice described in division	80699
(A)(3) of this section, the rules may specify that the notice can	80700
be incorporated into the covered entity's notice of privacy	80701
practices required by 45 C.F.R. 164.520 and shall specify that the	80702
notice include the following statements:	80703

(1) The individual's protected health information will be	80704
disclosed to the approved health information exchange to	80705
facilitate the provision of health care to the individual.	80706

(2) The approved health information exchange maintains	80707
appropriate administrative, physical, and technical safeguards to	80708
protect the privacy and security of protected health information.	80709

(3) Only authorized individuals may access and use protected	80710
health information from the approved health information exchange.	80711

(4) The individual or the individual's personal	80712
representative has the right to request in writing that the	80713
covered entity do either or both of the following:	80714

(a) Not disclose any of the individual's protected health	80715
information to the approved health information exchange;	80716

(b) Not disclose specific categories of the individual's	80717
protected health information to the approved health information	80718
exchange.	80719

(5) Any restrictions on the disclosure of protected health	80720
information an individual requests as described in either division	80721
(B)(4)(a) or (b) of this section may result in a health care	80722
provider not having access to information that is necessary for	80723
the provider to render appropriate care to the individual.	80724

(6) Any restrictions on the disclosure of protected health	80725
information an individual requests as described in division	80726
(B)(4)(a) of this section must be honored by the covered entity.	80727

(7) Any restrictions on the disclosure of protected health	80728
information an individual requests as described in division	80729
(B)(4)(b) of this section must be honored if the restriction is	80730
consistent with rules adopted under this chapter.	80731

(C) In adopting standards under division (A)(6) of this	80732
section, the medicaid director shall take into consideration the	80733
technical capabilities of software available to health information	80734
exchanges."	80735

Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of	80736
the Revised Code do not apply to the following:	80737

(A) Policies offering coverage that is regulated under	80738
Chapters 3935. and 3937. of the Revised Code;	80739

(B) An employer's self-insurance plan and any of its	80740
administrators, as defined in section 3959.01 of the Revised Code,	80741
to the extent that federal law supersedes, preempts, prohibits, or	80742
otherwise precludes the application of any provisions of those	80743
sections to the plan and its administrators;	80744

(C) A third-party payer for coverage provided under the	80745
medicare advantage program operated under Title XVIII of the	80746
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	80747
amended;	80748

(D) A third-party payer for coverage provided under the	80749
medicaid program ~~operated under Title XIX of the "Social Security~~	80750
~~Act~~," except that if a federal waiver applied for under section	80751
~~5111.178~~5167.25 of the Revised Code is granted or the medicaid	80752
director ~~of job and family services~~ determines that this provision	80753
can be implemented without a waiver, sections 3901.38 and 3901.381	80754
to 3901.3813 of the Revised Code apply to claims submitted	80755
electronically or non-electronically that are made with respect to	80756
coverage of medicaid recipients by health insuring corporations	80757
licensed under Chapter 1751. of the Revised Code, instead of the	80758
prompt payment requirements of 42 C.F.R. 447.46;	80759

(E) A third-party payer for coverage provided under the	80760
tricare program offered by the United States department of	80761
defense.	80762

Sec. 3903.14. (A) The superintendent of insurance as	80763
rehabilitator may appoint one or more special deputies, who shall	80764
have all the powers and responsibilities of the rehabilitator	80765
granted under this section, and the superintendent may employ such	80766
clerks and assistants as considered necessary. The compensation of	80767
the special deputies, clerks, and assistants and all expenses of	80768
taking possession of the insurer and of conducting the proceedings	80769
shall be fixed by the superintendent, with the approval of the	80770
court and shall be paid out of the funds or assets of the insurer.	80771
The persons appointed under this section shall serve at the	80772
pleasure of the superintendent. In the event that the property of	80773
the insurer does not contain sufficient cash or liquid assets to	80774
defray the costs incurred, the superintendent may advance the	80775
costs so incurred out of any appropriation for the maintenance of	80776
the department of insurance. Any amounts so advanced for expenses	80777
of administration shall be repaid to the superintendent for the	80778
use of the department out of the first available money of the	80779
insurer.	80780

(B) The rehabilitator may take such action as the	80781
rehabilitator considers necessary or appropriate to reform and	80782
revitalize the insurer. The rehabilitator shall have all the	80783
powers of the directors, officers, and managers, whose authority	80784
shall be suspended, except as they are redelegated by the	80785
rehabilitator. The rehabilitator shall have full power to direct	80786
and manage, to hire and discharge employees subject to any	80787
contract rights they may have, and to deal with the property and	80788
business of the insurer.	80789

(C) If it appears to the rehabilitator that there has been	80790
criminal or tortious conduct, or breach of any contractual or	80791
fiduciary obligation detrimental to the insurer by any officer,	80792
manager, agent, director, trustee, broker, employee, or other	80793
person, the rehabilitator may pursue all appropriate legal	80794
remedies on behalf of the insurer.	80795

(D) If the rehabilitator determines that reorganization,	80796
consolidation, conversion, reinsurance, merger, or other	80797
transformation of the insurer is appropriate, the rehabilitator	80798
shall prepare a plan to effect such changes. Upon application of	80799
the rehabilitator for approval of the plan, and after such notice	80800
and hearings as the court may prescribe, the court may either	80801
approve or disapprove the plan proposed, or may modify it and	80802
approve it as modified. Any plan approved under this section shall	80803
be, in the judgment of the court, fair and equitable to all	80804
parties concerned. If the plan is approved, the rehabilitator	80805
shall carry out the plan. In the case of a life insurer, the plan	80806
proposed may include the imposition of liens upon the policies of	80807
the company, if all rights of shareholders are first relinquished.	80808
A plan for a life insurer may also propose imposition of a	80809
moratorium upon loan and cash surrender rights under policies, for	80810
such period and to such an extent as may be necessary.	80811

(E) In the case of a medicaid health insuring corporation	80812
that has posted a bond or deposited securities in accordance with	80813
section 1751.271 of the Revised Code, the plan proposed under	80814
division (D) of this section may include the use of the proceeds	80815
of the bond or securities to first pay the claims of contracted	80816
providers for covered health care services provided to medicaid	80817
recipients, then next to pay other claimants with any remaining	80818
funds, consistent with the priorities set forth in sections	80819
3903.421 and 3903.42 of the Revised Code.	80820

(F) The rehabilitator shall have the power under sections	80821
3903.26 and 3903.27 of the Revised Code to avoid fraudulent	80822
transfers.	80823

(G) As used in this section:

80824

(1) "Contracted provider" means a provider with a contract	80825
with a medicaid health insuring corporation to provide covered	80826
health care services to medicaid recipients.	80827

(2) "Medicaid recipient" means a person ~~eligible for~~	80828
~~assistance under~~enrolled in the medicaid program ~~operated~~	80829
~~pursuant to Chapter 5111. of the Revised Code~~.	80830

Sec. 3905.40. There shall be paid to the superintendent of	80831
insurance the following fees:	80832

(A) Each insurance company doing business in this state shall	80833
pay:	80834

(1) For filing a copy of its charter or deed of settlement,	80835
two hundred fifty dollars;	80836

(2) For filing each statement, one hundred seventy-five	80837
dollars;	80838

(3) For each certificate of authority or license, one hundred	80839
seventy-five, and for each certified copy thereof, five dollars;	80840

(4) For each copy of a paper filed in the superintendent's	80841
office, twenty cents per page;	80842

(5) For issuing certificates of deposits or certified copies	80843
thereof, five dollars for the first certificate or copy and one	80844
dollar for each additional certificate or copy;	80845

(6) For issuing certificates of compliance or certified	80846
copies thereof, sixty dollars;	80847

(7) For affixing the seal of office and certifying documents,	80848
other than those enumerated herein, two dollars;	80849

(8) For each agent appointment and each annual renewal of an	80850
agent appointment, not more than twenty dollars;	80851

~~(9) For each termination of an agent appointment, five~~	80852
~~dollars~~.	80853

(B) Each domestic life insurance company doing business in	80854
this state shall pay for annual valuation of its policies, one	80855
cent on every one thousand dollars of insurance.	80856

(C) Each applicant for licensure as an insurance agent except	80857
applicants for licensure as surety bail bond agents, surplus line	80858
brokers, and portable electronics insurance vendors shall pay ten	80859
dollars for each line of authority requested. Fees collected under	80860
this division shall be credited to the department of insurance	80861
operating fund created in section 3901.021 of the Revised Code.	80862

(D) Each domestic mutual life insurance company shall pay for	80863
verifying that any amendment to its articles of incorporation was	80864
regularly adopted, two hundred fifty dollars with each application	80865
for verification. Any such amendment shall be considered to have	80866
been regularly adopted when approved by the affirmative vote of	80867
two-thirds of the policyholders present in person or by proxy at	80868
any annual meeting of policyholders or at a special meeting of	80869
policyholders called for that purpose.	80870

(E) Each insurance agent doing business in this state shall	80871
pay a biennial license renewal fee of twenty-five dollars, except	80872
the following insurance agents are not required to pay that	80873
license renewal fee:	80874

(1) Individual resident agents who have met their continuing	80875
education requirements under section 3905.481 of the Revised Code;	80876

(2) Surety bail bond agents;

80877

(3) Surplus line brokers;

80878

(4) Portable electronics insurance vendors.

80879

(F) Each applicant for licensure as a portable electronics	80880
insurance vendor with a portable electronics insurance limited	80881
lines license and each licensed vendor doing business in this	80882
state shall pay the following fees prescribed by the	80883
superintendent:	80884

(1) For vendors engaged in portable electronic transactions	80885
at more than ten locations in this state, an application fee not	80886
to exceed five thousand dollars for an initial license and a	80887
biennial license renewal fee not to exceed two thousand five	80888
hundred dollars for each renewal thereafter;	80889

(2) For vendors engaged in portable electronic transactions	80890
at ten or fewer locations in this state, an application fee not to	80891
exceed three thousand dollars for an initial license and a	80892
biennial license renewal fee not to exceed one thousand dollars	80893
for each renewal thereafter.	80894

(G) All fees collected by the superintendent under this	80895
section except any fees collected under divisions (A)(2), (3), and	80896
(6) of this section shall be credited to the department of	80897
insurance operating fund created under section 3901.021 of the	80898
Revised Code.	80899

Sec. 3905.483. (A) There is hereby created the insurance	80900
agent education advisory council to advise the superintendent of	80901
insurance in carrying out the duties imposed under sections	80902
3905.04 and 3905.481 to 3905.486 of the Revised Code.	80903

(B) The council shall be composed of the superintendent, or	80904
the superintendent's designee, and twelve members appointed by the	80905
superintendent, as follows:	80906

(1) One representative of the association of Ohio life	80907
insurance companies;	80908

(2) One representative of the independent insurance agents of	80909
Ohio;	80910

(3) One representative of the Ohio association of health	80911
underwriters;	80912

(4) One representative of the national association of	80913
insurance and financial advisors-Ohio;	80914

(5) One representative of the Ohio insurance institute;

80915

(6) One representative of the professional insurance agents	80916
association of Ohio;	80917

(7) One representative of the Ohio land title association;

80918

(8) Two insurance agents each of whom has been licensed	80919
continuously during the five-year period immediately preceding the	80920
agent's appointment;	80921

(9) One representative of an insurance company admitted to	80922
transact business in this state;	80923

(10) Two representatives of consumers, one of whom shall be	80924
at least ~~sixty~~fifty years of age.	80925

(C)(1) Of the initial eleven appointments made by the	80926
superintendent, three shall be for terms ending December 31, 1994,	80927
four shall be for terms ending December 31, 1995, and four shall	80928
be for terms ending December 31, 1996. Thereafter, terms of office	80929
shall be for three years, each term ending on the thirty-first day	80930
of December of the third year.	80931

(2) The initial appointment of the twelfth member made by the	80932
superintendent under division (B)(7) of this section, pursuant to	80933
Am. Sub. S.B. 129 of the 124th general assembly, shall be for a	80934
term ending December 31, 2003. Thereafter, the term of office	80935
shall be for three years, ending on the thirty-first day of	80936
December of the third year.	80937

(D) Each member shall hold office from the date of	80938
appointment until the end of the term for which the member was	80939
appointed. Any member appointed to fill a vacancy occurring prior	80940
to the expiration of the term for which the member's predecessor	80941
was appointed shall hold office for the remainder of such term.	80942
Any member shall continue in office subsequent to the expiration	80943
date of the member's term until the member's successor takes	80944
office, or until a period of sixty days has elapsed, whichever	80945
occurs first. A vacancy shall be filled in the same manner as the	80946
original appointment.	80947

(E) Initial appointments to the council shall be made no	80948
later than thirty days after April 16, 1993. The initial	80949
appointment of the twelfth member to the council under division	80950
(B)(7) of this section, pursuant to Am. Sub. S.B. 129 of the 124th	80951
general assembly, shall be made no later than December 31, 2002.	80952

(F) Any member is eligible for reappointment. The	80953
superintendent, after notice and opportunity for a hearing, may	80954
remove for cause any member the superintendent appoints.	80955

(G) The superintendent or the superintendent's designee shall	80956
serve as chairperson of the council. Meetings shall be held upon	80957
the call of the chairperson and as may be provided by procedures	80958
adopted by the superintendent. Seven members of the council	80959
constitute a quorum.	80960

(H) Each member shall receive mileage and necessary and	80961
actual expenses while engaged in the business of the council.	80962

Sec. 3905.862. Upon the expiration or cancellation of a	80963
surety bail bond agent's appointment, the agent shall not engage	80964
or attempt to engage in any activity requiring such an	80965
appointment. However, an insurer that cancels the appointment of a	80966
surety bail bond agent may authorize the agent to continue to	80967
attempt the arrest and surrender of a defendant for whom a bail	80968
bond had been written prior to the cancellation and to seek	80969
discharge of forfeitures and judgments.	80970

~~An insurer that cancels the appointment of a surety bail bond~~	80971
~~agent or allows that appointment to expire shall pay to the~~	80972
~~superintendent of insurance a fee pursuant to division (A)(9) of~~	80973
~~section 3905.40 of the Revised Code.~~	80974

Sec. 3916.06. (A)(1) With each application for a viatical	80975
settlement, a viatical settlement provider or viatical settlement	80976
broker shall disclose at least the following to a viator no later	80977
than the time all parties sign the application for the viatical	80978
settlement contract:	80979

(a) That there are possible alternatives to viatical	80980
settlement contracts, including any accelerated death benefits	80981
offered under the viator's policy;	80982

(b) That some or all of the proceeds of the viatical	80983
settlement may be subject to federal income taxation and state	80984
franchise and income taxation, and that assistance should be	80985
sought from a professional tax advisor;	80986

(c) That the proceeds of the viatical settlement could be	80987
subject to the claims of creditors;	80988

(d) That receipt of the proceeds of the viatical settlement	80989
may adversely affect the viator's eligibility for ~~medical~~	80990
~~assistance under Chapter 5111. of the Revised Code~~the medicaid	80991
program or other government benefits or entitlements, and that	80992
advice should be obtained from the appropriate government	80993
agencies;	80994

(e) That the viator has a right to rescind the viatical	80995
settlement contract for at least fifteen calendar days after the	80996
viator receives the viatical settlement proceeds, as provided in	80997
section 3916.08 of the Revised Code. If the insured dies during	80998
the rescission period, the viatical settlement contract shall be	80999
deemed to have been rescinded, subject to repayment of all	81000
viatical settlement proceeds to the viatical settlement company.	81001

(f) That funds will be sent to the viator within three	81002
business days after the viatical settlement provider has received	81003
written acknowledgment from the insurer or group administrator	81004
that ownership of the policy or interest in the certificate has	81005
been transferred and that the beneficiary has been designated	81006
pursuant to the viatical settlement contract;	81007

(g) That entering into a viatical settlement contract may	81008
cause other rights or benefits, including conversion rights and	81009
waiver of premium benefits that may exist under the policy, to be	81010
forfeited by the viator and that assistance should be sought from	81011
a financial advisor.	81012

(h) That following execution of the viatical settlement	81013
contract, the viatical settlement provider or the authorized	81014
representative of the viatical settlement provider may contact the	81015
insured for the purpose of determining the insured's health status	81016
and to confirm the insured's residential or business address and	81017
telephone number or for other purposes permitted by law. Any such	81018
contact shall be limited to once in any three-month period if the	81019
insured has a life expectancy of more than one year or to once per	81020
month if the insured has a life expectancy of one year or less.	81021

(2) The viatical settlement provider or viatical settlement	81022
broker shall provide the disclosures under division (A)(1) of this	81023
section in a separate document that is signed by the viator and	81024
the viatical settlement provider or viatical settlement broker.	81025

(3) Disclosure to a viator under division (A)(1) of this	81026
section shall include distribution of a brochure describing the	81027
process of viatical settlements. The viatical settlement provider	81028
or viatical settlement broker shall use the NAIC's form for the	81029
brochure unless another form is developed or approved by the	81030
superintendent.	81031

(4) The disclosure document under division (A)(1) of this	81032
section shall contain the following language:	81033

"All medical, financial, or personal information solicited or	81034
obtained by a viatical settlement provider or viatical settlement	81035
broker about an insured, including the insured's identity or the	81036
identity of family members, a spouse, or a significant other may	81037
be disclosed as necessary to effect the viatical settlement	81038
between the viator and the viatical settlement provider. If you	81039
are asked to provide this information, you will be asked to	81040
consent to the disclosure. The information may be provided to	81041
someone who buys the policy or provides funds for the purchase.	81042
You may be asked to renew your permission to share information	81043
every two years."	81044

(B)(1) A viatical settlement provider shall disclose at least	81045
the following to a viator prior to the date the viatical	81046
settlement contract is signed by all the necessary parties:	81047

(a) The affiliation, if any, between the viatical settlement	81048
provider and the issuer of the policy to be viaticated;	81049

(b) The name, business address, and telephone number of the	81050
viatical settlement provider;	81051

(c) Regarding a viatical settlement broker, the amount and	81052
method of calculating the broker's compensation. As used in this	81053
division, "compensation" includes anything of value paid or given	81054
to a viatical settlement broker for the placement of a policy or	81055
certificate.	81056

(d) Any affiliations or contractual arrangements between the	81057
viatical settlement provider and the viatical settlement broker;	81058

(e) If a policy to be viaticated has been issued as a joint	81059
policy or involves family riders or any coverage of a life other	81060
than the insured under the policy to be viaticated, the possible	81061
loss of coverage on the other lives under the policy and that	81062
advice should be sought from the viator's insurance agent or the	81063
company issuing the policy;	81064

(f) The dollar amount of the current death benefit payable to	81065
the viatical settlement provider under the policy, and, if known,	81066
the availability of any additional guaranteed insurance benefits,	81067
the dollar amount of any accidental death and dismemberment	81068
benefits under the policy, and the extent to which the viator's	81069
interest in those benefits will be transferred as a result of the	81070
viatical settlement contract.	81071

(g) That an escrow agent shall provide escrow services to the	81072
parties pursuant to a written agreement, signed by the viatical	81073
settlement provider, the viatical settlement broker, and the	81074
viator. At the close of escrow, the escrow agent will distribute	81075
the proceeds of the sale to the viator, minus any compensation to	81076
be paid to any other persons who provided services and to whom the	81077
viator has agreed to compensate out of the gross amount offered by	81078
the viatical settlement purchaser. All persons receiving any form	81079
of compensation under the escrow agreement shall be clearly	81080
identified, including name, business address, telephone number,	81081
and tax identification number.	81082

(2) The viatical settlement broker shall disclose at least	81083
the following to a viator prior to the execution of the viatical	81084
settlement contract:	81085

(a) The name, business address, and telephone number of the	81086
viatical settlement broker;	81087

(b) A full, complete, and accurate description of all offers,	81088
counteroffers, acceptances, and rejections relating to the	81089
proposed viatical settlement contract;	81090

(c) Any affiliations or contractual agreements between the	81091
viatical settlement broker and any person making an offer in	81092
connection with the proposed viatical settlement contract;	81093

(d) The amount and method of calculating the viatical	81094
settlement broker's compensation and, if any portion of the	81095
viatical settlement broker's compensation is taken from the	81096
viatical settlement offer, the total amount of the viatical	81097
settlement offer and the viatical settlement broker's compensation	81098
as a percentage of that total. As used in this division,	81099
"compensation" includes anything of value paid or given to a	81100
viatical settlement broker related to the settlement of a policy.	81101

(3) The viatical settlement provider or viatical settlement	81102
broker shall conspicuously display the disclosures required under	81103
divisions (B)(1) and (2) of this section in the viatical	81104
settlement contract or in a separate document signed by the viator	81105
and the viatical settlement provider or viatical settlement	81106
broker, as appropriate.	81107

(C) If the viatical settlement provider transfers ownership	81108
or changes the beneficiary of the policy, the viatical settlement	81109
provider shall communicate in writing the change in ownership or	81110
beneficiary to the insured within twenty days after the change.	81111

Sec. 3923.24. (A) Notwithstanding section 3901.71 of the	81112
Revised Code, every certificate furnished by an insurer in	81113
connection with, or pursuant to any provision of, any group	81114
sickness and accident insurance policy delivered, issued for	81115
delivery, renewed, or used in this state on or after January 1,	81116
1972, every policy of sickness and accident insurance delivered,	81117
issued for delivery, renewed, or used in this state on or after	81118
January 1, 1972, and every multiple employer welfare arrangement	81119
offering an insurance program, which provides that coverage of an	81120
unmarried dependent child of a parent or legal guardian will	81121
terminate upon attainment of the limiting age for dependent	81122
children specified in the contract shall also provide in substance	81123
both of the following:	81124

(1) Once an unmarried child has attained the limiting age for	81125
dependent children, as provided in the policy, upon the request of	81126
the insured, the insurer shall offer to cover the unmarried child	81127
until the child attains twenty-eight years of age if all of the	81128
following are true:	81129

(a) The child is the natural child, stepchild, or adopted	81130
child of the insured.	81131

(b) The child is a resident of this state or a full-time	81132
student at an accredited public or private institution of higher	81133
education.	81134

(c) The child is not employed by an employer that offers any	81135
health benefit plan under which the child is eligible for	81136
coverage.	81137

(d) The child is not eligible for ~~coverage under~~ the medicaid	81138
program ~~established under Chapter 5111. of the Revised Code~~ or the	81139
medicare program ~~established under Title XVIII of the "Social~~	81140
~~Security Act," 42 U.S.C. 1395~~.	81141

(2) That attainment of the limiting age for dependent	81142
children shall not operate to terminate the coverage of a	81143
dependent child if the child is and continues to be both of the	81144
following:	81145

(a) Incapable of self-sustaining employment by reason of	81146
mental retardation or physical handicap;	81147

(b) Primarily dependent upon the policyholder or certificate	81148
holder for support and maintenance.	81149

(B) Proof of such incapacity and dependence for purposes of	81150
division (A)(2) of this section shall be furnished by the	81151
policyholder or by the certificate holder to the insurer within	81152
thirty-one days of the child's attainment of the limiting age.	81153
Upon request, but not more frequently than annually after the	81154
two-year period following the child's attainment of the limiting	81155
age, the insurer may require proof satisfactory to it of the	81156
continuance of such incapacity and dependency.	81157

(C) Nothing in this section shall require an insurer to cover	81158
a dependent child who is mentally retarded or physically	81159
handicapped if the contract is underwritten on evidence of	81160
insurability based on health factors set forth in the application,	81161
or if such dependent child does not satisfy the conditions of the	81162
contract as to any requirement for evidence of insurability or	81163
other provision of the contract, satisfaction of which is required	81164
for coverage thereunder to take effect. In any such case, the	81165
terms of the contract shall apply with regard to the coverage or	81166
exclusion of the dependent from such coverage. Nothing in this	81167
section shall apply to accidental death or dismemberment benefits	81168
provided by any such policy of sickness and accident insurance.	81169

(D) Nothing in this section shall do any of the following:

81170

(1) Require that any policy offer coverage for dependent	81171
children or provide coverage for an unmarried dependent child's	81172
children as dependents on the policy;	81173

(2) Require an employer to pay for any part of the premium	81174
for an unmarried dependent child that has attained the limiting	81175
age for dependents, as provided in the policy;	81176

(3) Require an employer to offer health insurance coverage to	81177
the dependents of any employee.	81178

(E) This section does not apply to any policies or	81179
certificates covering only accident, credit, dental, disability	81180
income, long-term care, hospital indemnity, medicare supplement,	81181
specified disease, or vision care; coverage under a	81182
one-time-limited-duration policy of not longer than six months;	81183
coverage issued as a supplement to liability insurance; insurance	81184
arising out of a workers' compensation or similar law; automobile	81185
medical-payment insurance; or insurance under which benefits are	81186
payable with or without regard to fault and that is statutorily	81187
required to be contained in any liability insurance policy or	81188
equivalent self-insurance.	81189

(F) As used in this section, "health benefit plan" has the	81190
same meaning as in section 3924.01 of the Revised Code and also	81191
includes both of the following:	81192

(1) A public employee benefit plan;

81193

(2) A health benefit plan as regulated under the "Employee	81194
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	81195

Sec. 3923.241. (A) Notwithstanding section 3901.71 of the	81196
Revised Code, any public employee benefit plan that provides that	81197
coverage of an unmarried dependent child will terminate upon	81198
attainment of the limiting age for dependent children specified in	81199
the plan shall also provide in substance both of the following:	81200

(1) Once an unmarried child has attained the limiting age for	81201
dependent children, as provided in the plan, upon the request of	81202
the employee, the public employee benefit plan shall offer to	81203
cover the unmarried child until the child attains twenty-eight	81204
years of age if all of the following are true:	81205

(a) The child is the natural child, stepchild, or adopted	81206
child of the employee.	81207

(b) The child is a resident of this state or a full-time	81208
student at an accredited public or private institution of higher	81209
education.	81210

(c) The child is not employed by an employer that offers any	81211
health benefit plan under which the child is eligible for	81212
coverage.	81213

(d) The child is not eligible for ~~coverage under~~ the medicaid	81214
program ~~established under Chapter 5111. of the Revised Code~~ or the	81215
medicare program ~~established under Title XVIII of the "Social~~	81216
~~Security Act," 42 U.S.C. 1395~~.	81217

(2) That attainment of the limiting age for dependent	81218
children shall not operate to terminate the coverage of a	81219
dependent child if the child is and continues to be both of the	81220
following:	81221

(a) Incapable of self-sustaining employment by reason of	81222
mental retardation or physical handicap;	81223

(b) Primarily dependent upon the plan member for support and	81224
maintenance.	81225

(B) Proof of incapacity and dependence for purposes of	81226
division (A)(2) of this section shall be furnished to the public	81227
employee benefit plan within thirty-one days of the child's	81228
attainment of the limiting age. Upon request, but not more	81229
frequently than annually, the public employee benefit plan may	81230
require proof satisfactory to it of the continuance of such	81231
incapacity and dependency.	81232

81233

(1) Require that any public employee benefit plan offer	81234
coverage for dependent children or provide coverage for an	81235
unmarried dependent child's children as dependents on the public	81236
employee benefit plan;	81237

(2) Require an employer to pay for any part of the premium	81238
for an unmarried dependent child that has attained the limiting	81239
age for dependents, as provided in the plan;	81240

(3) Require an employer to offer health insurance coverage to	81241
the dependents of any employee.	81242

(D) This section does not apply to any public employee	81243
benefit plan covering only accident, credit, dental, disability	81244
income, long-term care, hospital indemnity, medicare supplement,	81245
specified disease, or vision care; coverage under a	81246
one-time-limited-duration policy of not longer than six months;	81247
coverage issued as a supplement to liability insurance; insurance	81248
arising out of a workers' compensation or similar law; automobile	81249
medical-payment insurance; or insurance under which benefits are	81250
payable with or without regard to fault and which is statutorily	81251
required to be contained in any liability insurance policy or	81252
equivalent self-insurance.	81253

(E) As used in this section, "health benefit plan" has the	81254
same meaning as in section 3924.01 of the Revised Code and also	81255
includes both of the following:	81256

(1) A public employee benefit plan;

81257

(2) A health benefit plan as regulated under the "Employee	81258
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	81259

Sec. 3923.281. (A) As used in this section:

81260

(1) "Biologically based mental illness" means schizophrenia,	81261
schizoaffective disorder, major depressive disorder, bipolar	81262
disorder, paranoia and other psychotic disorders,	81263
obsessive-compulsive disorder, and panic disorder, as these terms	81264
are defined in the most recent edition of the diagnostic and	81265
statistical manual of mental disorders published by the American	81266
psychiatric association.	81267

(2) "Policy of sickness and accident insurance" has the same	81268
meaning as in section 3923.01 of the Revised Code, but excludes	81269
any hospital indemnity, medicare supplement, long-term care,	81270
disability income, one-time-limited-duration policy of not longer	81271
than six months, supplemental benefit, or other policy that	81272
provides coverage for specific diseases or accidents only; any	81273
policy that provides coverage for workers' compensation claims	81274
compensable pursuant to Chapters 4121. and 4123. of the Revised	81275
Code; and any policy that provides coverage to ~~beneficiaries~~	81276
~~enrolled in Title XIX of the "Social Security Act," 49 Stat. 620~~	81277
~~(1935), 42 U.S.C.A. 301, as amended, known as the medical~~	81278
~~assistance program or~~ medicaid~~, as provided by the Ohio department~~	81279
~~of job and family services under Chapter 5111. of the Revised Code~~	81280
recipients.	81281

(B) Notwithstanding section 3901.71 of the Revised Code, and	81282
subject to division (E) of this section, every policy of sickness	81283
and accident insurance shall provide benefits for the diagnosis	81284
and treatment of biologically based mental illnesses on the same	81285
terms and conditions as, and shall provide benefits no less	81286
extensive than, those provided under the policy of sickness and	81287
accident insurance for the treatment and diagnosis of all other	81288
physical diseases and disorders, if both of the following apply:	81289

(1) The biologically based mental illness is clinically	81290
diagnosed by a physician authorized under Chapter 4731. of the	81291
Revised Code to practice medicine and surgery or osteopathic	81292
medicine and surgery; a psychologist licensed under Chapter 4732.	81293
of the Revised Code; a professional clinical counselor,	81294
professional counselor, or independent social worker licensed	81295
under Chapter 4757. of the Revised Code; or a clinical nurse	81296
specialist licensed under Chapter 4723. of the Revised Code whose	81297
nursing specialty is mental health.	81298

(2) The prescribed treatment is not experimental or	81299
investigational, having proven its clinical effectiveness in	81300
accordance with generally accepted medical standards.	81301

(C) Division (B) of this section applies to all coverages and	81302
terms and conditions of the policy of sickness and accident	81303
insurance, including, but not limited to, coverage of inpatient	81304
hospital services, outpatient services, and medication; maximum	81305
lifetime benefits; copayments; and individual and family	81306
deductibles.	81307

(D) Nothing in this section shall be construed as prohibiting	81308
a sickness and accident insurance company from taking any of the	81309
following actions:	81310

(1) Negotiating separately with mental health care providers	81311
with regard to reimbursement rates and the delivery of health care	81312
services;	81313

(2) Offering policies that provide benefits solely for the	81314
diagnosis and treatment of biologically based mental illnesses;	81315

(3) Managing the provision of benefits for the diagnosis or	81316
treatment of biologically based mental illnesses through the use	81317
of pre-admission screening, by requiring beneficiaries to obtain	81318
authorization prior to treatment, or through the use of any other	81319
mechanism designed to limit coverage to that treatment determined	81320
to be necessary;	81321

(4) Enforcing the terms and conditions of a policy of	81322
sickness and accident insurance.	81323

(E) An insurer that offers any policy of sickness and	81324
accident insurance is not required to provide benefits for the	81325
diagnosis and treatment of biologically based mental illnesses	81326
pursuant to division (B) of this section if all of the following	81327
apply:	81328

(1) The insurer submits documentation certified by an	81329
independent member of the American academy of actuaries to the	81330
superintendent of insurance showing that incurred claims for	81331
diagnostic and treatment services for biologically based mental	81332
illnesses for a period of at least six months independently caused	81333
the insurer's costs for claims and administrative expenses for the	81334
coverage of all other physical diseases and disorders to increase	81335
by more than one per cent per year.	81336

(2) The insurer submits a signed letter from an independent	81337
member of the American academy of actuaries to the superintendent	81338
of insurance opining that the increase described in division	81339
(E)(1) of this section could reasonably justify an increase of	81340
more than one per cent in the annual premiums or rates charged by	81341
the insurer for the coverage of all other physical diseases and	81342
disorders.	81343

(3) The superintendent of insurance makes the following	81344
determinations from the documentation and opinion submitted	81345
pursuant to divisions (E)(1) and (2) of this section:	81346

(a) Incurred claims for diagnostic and treatment services for	81347
biologically based mental illnesses for a period of at least six	81348
months independently caused the insurer's costs for claims and	81349
administrative expenses for the coverage of all other physical	81350
diseases and disorders to increase by more than one per cent per	81351
year.	81352

(b) The increase in costs reasonably justifies an increase of	81353
more than one per cent in the annual premiums or rates charged by	81354
the insurer for the coverage of all other physical diseases and	81355
disorders.	81356

Any determination made by the superintendent under this	81357
division is subject to Chapter 119. of the Revised Code.	81358

Sec. 3923.443. (A)(1) No agent shall sell, solicit, or	81359
negotiate long-term care insurance on or after September 1, 2008,	81360
without completing an initial eight-hour partnership program	81361
training course as described in division (B) of this section.	81362

(2)(a) Any agent that sells, solicits, or negotiates any	81363
long-term care insurance shall complete at least four hours of	81364
continuing education in every twenty-four-month period commencing	81365
on the first day of January of the year immediately following the	81366
year of the issuance of the agent's license.	81367

(b) No agent shall fail to complete the continuing education	81368
requirements in division (A)(2)(a) of this section in the	81369
twenty-four-month period described in that division.	81370

(B) The initial training course and continuing education	81371
required under division (A) of this section may be approved by the	81372
superintendent of insurance as continuing education courses under	81373
sections 3905.481 to 3905.486 of the Revised Code and shall	81374
consist of combined topics related to long-term care insurance,	81375
long-term care services, and state long-term care insurance	81376
partnership programs, including all of the following:	81377

(1) State and federal regulations and requirements and the	81378
relationship between state long-term care insurance partnership	81379
programs and other public and private coverage of long-term care	81380
services, including medicaid;	81381

(2) Available long-term care services and providers;

81382

(3) Changes or improvements in long-term care services or	81383
providers;	81384

(4) Alternatives to the purchase of private long-term care	81385
insurance;	81386

(5) The effect of inflation on benefits and the importance of	81387
inflation protection;	81388

(6) Consumer suitability standards and guidelines;

81389

(7) Any other topics required by the superintendent.

81390

(C) The initial training and continuing education required by	81391
division (A) of this section shall not include training that is	81392
specific to a particular insurer or company product or that	81393
includes any sales or marketing information, materials, or	81394
training other than those required by state or federal law.	81395

(D) A resident agent shall satisfy the training and	81396
continuing education required by division (A) of this section by	81397
completing long-term care courses that are approved by the	81398
superintendent. A nonresident agent may satisfy the training and	81399
continuing education required by division (A) of this section by	81400
completing the training requirements in any other state, provided	81401
that the course is approved for credit by the insurance department	81402
of that state prior to the agent taking the course.	81403

(E) Each insurer shall obtain records of the initial training	81404
and continuing education completed by agents of that insurer	81405
pursuant to division (A) of this section as well as the training	81406
completed by the insurer's agents concerning the distribution of	81407
the insurer's partnership program policies and shall make those	81408
records available to the superintendent upon request.	81409

(F) Each insurer shall maintain records with respect to the	81410
training of its agents concerning the distribution of the	81411
insurer's partnership program policies. Each insurer shall provide	81412
documentation to the superintendent that will allow the	81413
superintendent to provide assurance to the medicaid director of	81414
~~job and family services~~ that agents have received the training	81415
required by this section and that agents have demonstrated an	81416
understanding of the partnership program policies and their	81417
relationship to public and private coverage of long-term care in	81418
this state, including medicaid. The superintendent may audit each	81419
insurer's records annually to verify that the insurer is	81420
maintaining the records required by this division. The	81421
superintendent shall make the records provided to the	81422
superintendent pursuant to division (E) of this section available	81423
to the director.	81424

Sec. 3923.49. The department of insurance shall establish an	81425
outreach program to educate consumers about the following:	81426

(A) The need for long-term care insurance;

81427

(B) Mechanisms for financing long-term care;

81428

81429

(D) The resource protection provided by the Ohio long-term	81430
care insurance program under section ~~5111.18~~5164.86 of the	81431
Revised Code;	81432

(E) That a consumer who purchased a long-term care insurance	81433
policy that does not meet the requirements of section 3923.50 of	81434
the Revised Code may purchase a policy that meets those	81435
requirements.	81436

The department shall develop and make available to consumers	81437
information to assist them in choosing long-term care insurance	81438
coverage.	81439

Sec. 3923.50. For the purposes of the Ohio long-term care	81440
insurance program established under section ~~5111.18~~5164.86 of the	81441
Revised Code, the department of insurance shall notify the	81442
department of ~~job and family services~~medicaid of all long-term	81443
care insurance policies that meet all of the following	81444
requirements:	81445

(A) Comply with sections 3923.41 to 3923.48 of the Revised	81446
Code and the rules adopted under section 3923.47 of the Revised	81447
Code;	81448

(B) Provide benefits for home and community-based services in	81449
addition to nursing home care;	81450

(C) Include case management services in its coverage of home	81451
and community-based services;	81452

(D) Provide five per cent inflation protection compounded	81453
annually;	81454

(E) Provide for the keeping of records and	81455
explanation-of-benefit reports on insurance payments that count	81456
toward resource exclusion for the ~~medical assistance~~medicaid	81457
program;	81458

(F) Provide the information the medicaid director ~~of job and~~	81459
~~family services~~ determines is necessary to document the extent of	81460
resource exclusion and to evaluate the Ohio long-term care	81461
insurance program;	81462

(G) Comply with other requirements established in rules	81463
adopted under this section.	81464

The superintendent of insurance shall adopt rules in	81465
accordance with Chapter 119. of the Revised Code establishing	81466
requirements under division (G) of this section that policies must	81467
meet to qualify under the Ohio long-term care insurance program.	81468
The superintendent shall consult with the departments of aging and	81469
~~job and family services~~medicaid in adopting those rules.	81470

Sec. 3923.601. (A)(1) This section applies to both of the	81471
following:	81472

(a) A sickness and accident insurer that issues or requires	81473
the use of a standardized identification card or an electronic	81474
technology for submission and routing of prescription drug claims	81475
pursuant to a policy, contract, or agreement for health care	81476
services;	81477

(b) A person that a sickness and accident insurer contracts	81478
with to issue a standardized identification card or an electronic	81479
technology described in division (A)(1)(a) of this section.	81480

(2) Notwithstanding division (A)(1) of this section, this	81481
section does not apply to the issuance or required use of a	81482
standardized identification card or an electronic technology for	81483
the submission and routing of prescription drug claims in	81484
connection with any of the following:	81485

(a) Any individual or group policy of sickness and accident	81486
insurance covering only accident, credit, dental, disability	81487
income, long-term care, hospital indemnity, medicare supplement,	81488
medicare, tricare, specified disease, or vision care; coverage	81489
under a one-time-limited-duration policy of not longer than six	81490
months; coverage issued as a supplement to liability insurance;	81491
insurance arising out of workers' compensation or similar law;	81492
automobile medical payment insurance; or insurance under which	81493
benefits are payable with or without regard to fault and which is	81494
statutorily required to be contained in any liability insurance	81495
policy or equivalent self-insurance.	81496

(b) Coverage provided under the medicaid~~, as defined in~~	81497
~~section 5111.01 of the Revised Code~~program.	81498

(c) Coverage provided under an employer's self-insurance plan	81499
or by any of its administrators, as defined in section 3959.01 of	81500
the Revised Code, to the extent that federal law supersedes,	81501
preempts, prohibits, or otherwise precludes the application of	81502
this section to the plan and its administrators.	81503

(B) A standardized identification card or an electronic	81504
technology issued or required to be used as provided in division	81505
(A)(1) of this section shall contain uniform prescription drug	81506
information in accordance with either division (B)(1) or (2) of	81507
this section.	81508

(1) The standardized identification card or the electronic	81509
technology shall be in a format and contain information fields	81510
approved by the national council for prescription drug programs or	81511
a successor organization, as specified in the council's or	81512
successor organization's pharmacy identification card	81513
implementation guide in effect on the first day of October most	81514
immediately preceding the issuance or required use of the	81515
standardized identification card or the electronic technology.	81516

(2) If the insurer or person under contract with the insurer	81517
to issue a standardized identification card or an electronic	81518
technology requires the information for the submission and routing	81519
of a claim, the standardized identification card or the electronic	81520
technology shall contain any of the following information:	81521

(a) The insurer's name;

81522

(b) The insured's name, group number, and identification	81523
number;	81524

(c) A telephone number to inquire about pharmacy-related	81525
issues;	81526

(d) The issuer's international identification number, labeled	81527
as "ANSI BIN" or "RxBIN";	81528

(e) The processor's control number, labeled as "RxPCN";

81529

(f) The insured's pharmacy benefits group number if different	81530
from the insured's medical group number, labeled as "RxGrp."	81531

(C) If the standardized identification card or the electronic	81532
technology issued or required to be used as provided in division	81533
(A)(1) of this section is also used for submission and routing of	81534
nonpharmacy claims, the designation "Rx" is required to be	81535
included as part of the labels identified in divisions (B)(2)(d)	81536
and (e) of this section if the issuer's international	81537
identification number or the processor's control number is	81538
different for medical and pharmacy claims.	81539

(D) Each sickness and accident insurer described in division	81540
(A) of this section shall annually file a certificate with the	81541
superintendent of insurance certifying that it or any person it	81542
contracts with to issue a standardized identification card or	81543
electronic technology for submission and routing of prescription	81544
drug claims complies with this section.	81545

(E)(1) Except as provided in division (E)(2) of this section,	81546
if there is a change in the information contained in the	81547
standardized identification card or the electronic technology	81548
issued to an insured, the insurer or person under contract with	81549
the insurer to issue a standardized identification card or an	81550
electronic technology shall issue a new card or electronic	81551
technology to the insured.	81552

(2) An insurer or person under contract with the insurer is	81553
not required under division (E)(1) of this section to issue a new	81554
card or electronic technology to an insured more than once during	81555
a twelve-month period.	81556

(F) Nothing in this section shall be construed as requiring	81557
an insurer to produce more than one standardized identification	81558
card or one electronic technology for use by insureds accessing	81559
health care benefits provided under a policy of sickness and	81560
accident insurance.	81561

Sec. 3923.83. (A)(1) This section applies to both of the	81562
following:	81563

(a) A public employee benefit plan that issues or requires	81564
the use of a standardized identification card or an electronic	81565
technology for submission and routing of prescription drug claims	81566
pursuant to a policy, contract, or agreement for health care	81567
services;	81568

(b) A person or entity that a public employee benefit plan	81569
contracts with to issue a standardized identification card or an	81570
electronic technology described in division (A)(1)(a) of this	81571
section.	81572

(2) Notwithstanding division (A)(1) of this section, this	81573
section does not apply to the issuance or required use of a	81574
standardized identification card or an electronic technology for	81575
the submission and routing of prescription drug claims in	81576
connection with either of the following:	81577

(a) Any individual or group policy of insurance covering only	81578
accident, credit, dental, disability income, long-term care,	81579
hospital indemnity, medicare supplement, medicare, tricare,	81580
specified disease, or vision care; coverage under a	81581
one-time-limited-duration policy of not longer than six months;	81582
coverage issued as a supplement to liability insurance; insurance	81583
arising out of workers' compensation or similar law; automobile	81584
medical payment insurance; or insurance under which benefits are	81585
payable with or without regard to fault and which is statutorily	81586
required to be contained in any liability insurance policy or	81587
equivalent self-insurance.	81588

(b) Coverage provided under the medicaid~~, as defined in~~	81589
~~section 5111.01 of the Revised Code~~program.	81590

(B) A standardized identification card or an electronic	81591
technology issued or required to be used as provided in division	81592
(A)(1) of this section shall contain uniform prescription drug	81593
information in accordance with either division (B)(1) or (2) of	81594
this section.	81595

(1) The standardized identification card or the electronic	81596
technology shall be in a format and contain information fields	81597
approved by the national council for prescription drug programs or	81598
a successor organization, as specified in the council's or	81599
successor organization's pharmacy identification card	81600
implementation guide in effect on the first day of October most	81601
immediately preceding the issuance or required use of the	81602
standardized identification card or the electronic technology.	81603

(2) If the public employee benefit plan or person under	81604
contract with the plan to issue a standardized identification card	81605
or an electronic technology requires the information for the	81606
submission and routing of a claim, the standardized identification	81607
card or the electronic technology shall contain any of the	81608
following information:	81609

(a) The plan's name;

81610

(b) The insured's name, group number, and identification	81611
number;	81612

(c) A telephone number to inquire about pharmacy-related	81613
issues;	81614

(d) The issuer's international identification number, labeled	81615
as "ANSI BIN" or "RxBIN";	81616

(e) The processor's control number, labeled as "RxPCN";

81617

(f) The insured's pharmacy benefits group number if different	81618
from the insured's medical group number, labeled as "RxGrp."	81619

(C) If the standardized identification card or the electronic	81620
technology issued or required to be used as provided in division	81621
(A)(1) of this section is also used for submission and routing of	81622
nonpharmacy claims, the designation "Rx" is required to be	81623
included as part of the labels identified in divisions (B)(2)(d)	81624
and (e) of this section if the issuer's international	81625
identification number or the processor's control number is	81626
different for medical and pharmacy claims.	81627

(D)(1) Except as provided in division (D)(2) of this section,	81628
if there is a change in the information contained in the	81629
standardized identification card or the electronic technology	81630
issued to an insured, the public employee benefit plan or person	81631
under contract with the plan to issue a standardized	81632
identification card or electronic technology shall issue a new	81633
card or electronic technology to the insured.	81634

(2) A public employee benefit plan or person under contract	81635
with the plan is not required under division (D)(1) of this	81636
section to issue a new card or electronic technology to an insured	81637
more than once during a twelve-month period.	81638

~~(F)~~(E) Nothing in this section shall be construed as	81639
requiring a public employee benefit plan to produce more than one	81640
standardized identification card or one electronic technology for	81641
use by insureds accessing health care benefits provided under a	81642
health benefit plan.	81643

Sec. 3924.41. (A) As used in sections 3924.41 and 3924.42 of	81644
the Revised Code, "health insurer" means any sickness and accident	81645
insurer or health insuring corporation. "Health insurer" also	81646
includes any group health plan as defined in section 607 of the	81647
federal "Employee Retirement Income Security Act of 1974," 88	81648
Stat. 832, 29 U.S.C.A. 1167.	81649

(B) Notwithstanding any other provision of the Revised Code,	81650
no health insurer shall take into consideration the availability	81651
of, or eligibility for, ~~medical assistance~~the medicaid program in	81652
this state ~~under Chapter 5111. of the Revised Code~~ or in any other	81653
state ~~pursuant to Title XIX of the "Social Security Act," 49 Stat.~~	81654
~~620 (1935), 42 U.S.C.A. 301, as amended,~~ when determining an	81655
individual's eligibility for coverage or when making payments to	81656
or on behalf of an enrollee, subscriber, policyholder, or	81657
certificate holder.	81658

Sec. 3924.42. No health insurer shall impose requirements on	81659
the department of ~~job and family services~~medicaid, when it has	81660
been assigned the rights of an individual who is eligible for	81661
~~medical assistance under Chapter 5111. of the Revised Code~~	81662
medicaid and who is covered under a health care policy, contract,	81663
or plan issued by the health insurer, that are different from the	81664
requirements applicable to an agent or assignee of any other	81665
individual so covered.	81666

Sec. 3963.01. As used in this chapter:

81667

(A) "Affiliate" means any person or entity that has ownership	81668
or control of a contracting entity, is owned or controlled by a	81669
contracting entity, or is under common ownership or control with a	81670
contracting entity.	81671

(B) "Basic health care services" has the same meaning as in	81672
division (A) of section 1751.01 of the Revised Code, except that	81673
it does not include any services listed in that division that are	81674
provided by a pharmacist or nursing home.	81675

(C) "Contracting entity" means any person that has a primary	81676
business purpose of contracting with participating providers for	81677
the delivery of health care services.	81678

(D) "Credentialing" means the process of assessing and	81679
validating the qualifications of a provider applying to be	81680
approved by a contracting entity to provide basic health care	81681
services, specialty health care services, or supplemental health	81682
care services to enrollees.	81683

(E) "Edit" means adjusting one or more procedure codes billed	81684
by a participating provider on a claim for payment or a practice	81685
that results in any of the following:	81686

(1) Payment for some, but not all of the procedure codes	81687
originally billed by a participating provider;	81688

(2) Payment for a different procedure code than the procedure	81689
code originally billed by a participating provider;	81690

(3) A reduced payment as a result of services provided to an	81691
enrollee that are claimed under more than one procedure code on	81692
the same service date.	81693

(F) "Electronic claims transport" means to accept and	81694
digitize claims or to accept claims already digitized, to place	81695
those claims into a format that complies with the electronic	81696
transaction standards issued by the United States department of	81697
health and human services pursuant to the "Health Insurance	81698
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	81699
U.S.C. 1320d, et seq., as those electronic standards are	81700
applicable to the parties and as those electronic standards are	81701
updated from time to time, and to electronically transmit those	81702
claims to the appropriate contracting entity, payer, or	81703
third-party administrator.	81704

(G) "Enrollee" means any person eligible for health care	81705
benefits under a health benefit plan, including an eligible	81706
recipient of medicaid ~~under Chapter 5111. of the Revised Code~~, and	81707
includes all of the following terms:	81708

(1) "Enrollee" and "subscriber" as defined by section 1751.01	81709
of the Revised Code;	81710

(2) "Member" as defined by section 1739.01 of the Revised	81711
Code;	81712

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	81713
the Revised Code;	81714

(4) "Beneficiary" as defined by section 3901.38 of the	81715
Revised Code.	81716

(H) "Health care contract" means a contract entered into,	81717
materially amended, or renewed between a contracting entity and a	81718
participating provider for the delivery of basic health care	81719
services, specialty health care services, or supplemental health	81720
care services to enrollees.	81721

(I) "Health care services" means basic health care services,	81722
specialty health care services, and supplemental health care	81723
services.	81724

(J) "Material amendment" means an amendment to a health care	81725
contract that decreases the participating provider's payment or	81726
compensation, changes the administrative procedures in a way that	81727
may reasonably be expected to significantly increase the	81728
provider's administrative expenses, or adds a new product. A	81729
material amendment does not include any of the following:	81730

(1) A decrease in payment or compensation resulting solely	81731
from a change in a published fee schedule upon which the payment	81732
or compensation is based and the date of applicability is clearly	81733
identified in the contract;	81734

(2) A decrease in payment or compensation that was	81735
anticipated under the terms of the contract, if the amount and	81736
date of applicability of the decrease is clearly identified in the	81737
contract;	81738

(3) An administrative change that may significantly increase	81739
the provider's administrative expense, the specific applicability	81740
of which is clearly identified in the contract;	81741

(4) Changes to an existing prior authorization,	81742
precertification, notification, or referral program that do not	81743
substantially increase the provider's administrative expense;	81744

(5) Changes to an edit program or to specific edits if the	81745
participating provider is provided notice of the changes pursuant	81746
to division (A)(1) of section 3963.04 of the Revised Code and the	81747
notice includes information sufficient for the provider to	81748
determine the effect of the change;	81749

(6) Changes to a health care contract described in division	81750
(B) of section 3963.04 of the Revised Code.	81751

(K) "Participating provider" means a provider that has a	81752
health care contract with a contracting entity and is entitled to	81753
reimbursement for health care services rendered to an enrollee	81754
under the health care contract.	81755

(L) "Payer" means any person that assumes the financial risk	81756
for the payment of claims under a health care contract or the	81757
reimbursement for health care services provided to enrollees by	81758
participating providers pursuant to a health care contract.	81759

(M) "Primary enrollee" means a person who is responsible for	81760
making payments for participation in a health care plan or an	81761
enrollee whose employment or other status is the basis of	81762
eligibility for enrollment in a health care plan.	81763

(N) "Procedure codes" includes the American medical	81764
association's current procedural terminology code, the American	81765
dental association's current dental terminology, and the centers	81766
for medicare and medicaid services health care common procedure	81767
coding system.	81768

(O) "Product" means one of the following types of categories	81769
of coverage for which a participating provider may be obligated to	81770
provide health care services pursuant to a health care contract:	81771

(1) A health maintenance organization or other product	81772
provided by a health insuring corporation;	81773

(2) A preferred provider organization;

81774

(3) Medicare;

81775

(4) Medicaid;

81776

(5) Workers' compensation.

81777

(P) "Provider" means a physician, podiatrist, dentist,	81778
chiropractor, optometrist, psychologist, physician assistant,	81779
advanced practice registered nurse, occupational therapist,	81780
massage therapist, physical therapist, professional counselor,	81781
professional clinical counselor, hearing aid dealer, orthotist,	81782
prosthetist, home health agency, hospice care program, pediatric	81783
respite care program, or hospital, or a provider organization or	81784
physician-hospital organization that is acting exclusively as an	81785
administrator on behalf of a provider to facilitate the provider's	81786
participation in health care contracts. "Provider" does not mean a	81787
pharmacist, pharmacy, nursing home, or a provider organization or	81788
physician-hospital organization that leases the provider	81789
organization's or physician-hospital organization's network to a	81790
third party or contracts directly with employers or health and	81791
welfare funds.	81792

(Q) "Specialty health care services" has the same meaning as	81793
in section 1751.01 of the Revised Code, except that it does not	81794
include any services listed in division (B) of section 1751.01 of	81795
the Revised Code that are provided by a pharmacist or a nursing	81796
home.	81797

(R) "Supplemental health care services" has the same meaning	81798
as in division (B) of section 1751.01 of the Revised Code, except	81799
that it does not include any services listed in that division that	81800
are provided by a pharmacist or nursing home.	81801

Sec. 3963.04. (A)(1) If an amendment to a health care	81802
contract is not a material amendment, the contracting entity shall	81803
provide the participating provider notice of the amendment at	81804
least fifteen days prior to the effective date of the amendment.	81805
The contracting entity shall provide all other notices to the	81806
participating provider pursuant to the health care contract.	81807

(2) A material amendment to a health care contract shall	81808
occur only if the contracting entity provides to the participating	81809
provider the material amendment in writing and notice of the	81810
material amendment not later than ninety days prior to the	81811
effective date of the material amendment. The notice shall be	81812
conspicuously entitled "Notice of Material Amendment to Contract."	81813

(3) If within fifteen days after receiving the material	81814
amendment and notice described in division (A)(2) of this section,	81815
the participating provider objects in writing to the material	81816
amendment, and there is no resolution of the objection, either	81817
party may terminate the health care contract upon written notice	81818
of termination provided to the other party not later than sixty	81819
days prior to the effective date of the material amendment.	81820

(4) If the participating provider does not object to the	81821
material amendment in the manner described in division (A)(3) of	81822
this section, the material amendment shall be effective as	81823
specified in the notice described in division (A)(2) of this	81824
section.	81825

(B)(1) Division (A) of this section does not apply if the	81826
delay caused by compliance with that division could result in	81827
imminent harm to an enrollee, if the material amendment of a	81828
health care contract is required by state or federal law, rule, or	81829
regulation, or if the provider affirmatively accepts the material	81830
amendment in writing and agrees to an earlier effective date than	81831
otherwise required by division (A)(2) of this section.	81832

(2) This section does not apply under any of the following	81833
circumstances:	81834

(a) The participating provider's payment or compensation is	81835
based on the current medicaid or medicare physician fee schedule,	81836
and the change in payment or compensation results solely from a	81837
change in that physician fee schedule.	81838

(b) A routine change or update of the health care contract is	81839
made in response to any addition, deletion, or revision of any	81840
service code, procedure code, or reporting code, or a pricing	81841
change is made by any third party source.	81842

For purposes of division (B)(2)(b) of this section:

81843

(i) "Service code, procedure code, or reporting code" means	81844
the current procedural terminology (CPT), current dental	81845
terminology (CDT), the healthcare common procedure coding system	81846
(HCPCS), the international classification of diseases (ICD), or	81847
the drug topics redbook average wholesale price (AWP).	81848

(ii) "Third party source" means the American medical	81849
association, American dental association, the centers for medicare	81850
and medicaid services, the national center for health statistics,	81851
the department of health and human services office of the	81852
inspector general, the Ohio department of insurance, or the Ohio	81853
department of ~~job and family services~~medicaid.	81854

(C) Notwithstanding divisions (A) and (B) of this section, a	81855
health care contract may be amended by operation of law as	81856
required by any applicable state or federal law, rule, or	81857
regulation. Nothing in this section shall be construed to require	81858
the renegotiation of a health care contract that is in existence	81859
before ~~the effective date of this section~~June 25, 2008, until the	81860
time that the contract is renewed or materially amended.	81861

Sec. 4104.33. There is hereby created the historical boilers	81862
licensing board consisting of seven members, three of whom shall	81863
be appointed by the governor with the advice and consent of the	81864
senate. The governor shall make initial appointments to the board	81865
within ninety days after October 24, 2002. Of the initial members	81866
appointed by the governor, one shall be for a term ending three	81867
years after October 24, 2002, one shall be for a term ending four	81868
years after October 24, 2002, and one shall be for a term ending	81869
five years after October 24, 2002. Thereafter, terms of office	81870
shall be for five years, each term ending on the same day of the	81871
same month of the year as did the term that it succeeds. Of the	81872
three members the governor appoints, one member shall be an	81873
employee of the division of boiler inspection in the department of	81874
commerce; one member shall be an independent mechanical engineer	81875
who is not involved in selling or inspecting historical boilers;	81876
and one shall be an active member of an association that	81877
represents managers of fairs or festivals.	81878

Two members of the board shall be appointed by the president	81879
of the senate and two members of the board shall be appointed by	81880
the speaker of the house of representatives. The president and	81881
speaker shall make initial appointments to the board within ninety	81882
days after October 24, 2002. Of the initial members appointed by	81883
the president, one shall be for a term ending four years after	81884
October 24, 2002 and one shall be for a term ending five years	81885
after October 24, 2002. Of the initial members appointed by the	81886
speaker, one shall be for a term ending three years after October	81887
24, 2002 and one shall be for a term ending five years after	81888
October 24, 2002. Thereafter, terms of office shall be for five	81889
years, each term ending on the same day of the same month of the	81890
year as did the term that it succeeds. Of the four members	81891
appointed by the president and speaker, each shall own a	81892
historical boiler and also have at least ten years of experience	81893
in the operation of historical boilers, and each of these four	81894
members shall reside in a different region of the state.	81895

Each member shall hold office from the date of the member's	81896
appointment until the end of the term for which the member was	81897
appointed. Members may be reappointed. Vacancies shall be filled	81898
~~in the manner provided for initial appointments~~by the director of	81899
commerce, and shall not require the advice and consent of the	81900
senate. Any member appointed to fill a vacancy occurring prior to	81901
the expiration date of the term for which the member's predecessor	81902
was appointed shall hold office as a member for the remainder of	81903
that term. A member shall continue in office subsequent to the	81904
expiration date of the member's term until the successor takes	81905
office or until a period of sixty days has elapsed, whichever	81906
occurs first.	81907

The members of the board, annually, shall elect, by majority	81908
vote, a chairperson from among their members. The board shall meet	81909
at least once annually and at other times at the call of the	81910
chairperson. Board members shall receive their actual and	81911
necessary expenses incurred in the discharge of their duties as	81912
board members.	81913

The superintendent of industrial compliance shall furnish	81914
office space, staff, and supplies to the board as the	81915
superintendent determines are necessary for the board to carry out	81916
its official duties under sections 4104.33 to 4104.37 of the	81917
Revised Code.	81918

Sec. 4112.02. It shall be an unlawful discriminatory	81919
practice:	81920

(A) For any employer, because of the race, color, religion,	81921
sex, military status, national origin, disability, age, or	81922
ancestry of any person, to discharge without just cause, to refuse	81923
to hire, or otherwise to discriminate against that person with	81924
respect to hire, tenure, terms, conditions, or privileges of	81925
employment, or any matter directly or indirectly related to	81926
employment.	81927

(B) For an employment agency or personnel placement service,	81928
because of race, color, religion, sex, military status, national	81929
origin, disability, age, or ancestry, to do any of the following:	81930

(1) Refuse or fail to accept, register, classify properly, or	81931
refer for employment, or otherwise discriminate against any	81932
person;	81933

(2) Comply with a request from an employer for referral of	81934
applicants for employment if the request directly or indirectly	81935
indicates that the employer fails to comply with the provisions of	81936
sections 4112.01 to 4112.07 of the Revised Code.	81937

81938

(1) Limit or classify its membership on the basis of race,	81939
color, religion, sex, military status, national origin,	81940
disability, age, or ancestry;	81941

(2) Discriminate against, limit the employment opportunities	81942
of, or otherwise adversely affect the employment status, wages,	81943
hours, or employment conditions of any person as an employee	81944
because of race, color, religion, sex, military status, national	81945
origin, disability, age, or ancestry.	81946

(D) For any employer, labor organization, or joint	81947
labor-management committee controlling apprentice training	81948
programs to discriminate against any person because of race,	81949
color, religion, sex, military status, national origin,	81950
disability, or ancestry in admission to, or employment in, any	81951
program established to provide apprentice training.	81952

(E) Except where based on a bona fide occupational	81953
qualification certified in advance by the commission, for any	81954
employer, employment agency, personnel placement service, or labor	81955
organization, prior to employment or admission to membership, to	81956
do any of the following:	81957

(1) Elicit or attempt to elicit any information concerning	81958
the race, color, religion, sex, military status, national origin,	81959
disability, age, or ancestry of an applicant for employment or	81960
membership;	81961

(2) Make or keep a record of the race, color, religion, sex,	81962
military status, national origin, disability, age, or ancestry of	81963
any applicant for employment or membership;	81964

(3) Use any form of application for employment, or personnel	81965
or membership blank, seeking to elicit information regarding race,	81966
color, religion, sex, military status, national origin,	81967
disability, age, or ancestry; but an employer holding a contract	81968
containing a nondiscrimination clause with the government of the	81969
United States, or any department or agency of that government, may	81970
require an employee or applicant for employment to furnish	81971
documentary proof of United States citizenship and may retain that	81972
proof in the employer's personnel records and may use photographic	81973
or fingerprint identification for security purposes;	81974

(4) Print or publish or cause to be printed or published any	81975
notice or advertisement relating to employment or membership	81976
indicating any preference, limitation, specification, or	81977
discrimination, based upon race, color, religion, sex, military	81978
status, national origin, disability, age, or ancestry;	81979

(5) Announce or follow a policy of denying or limiting,	81980
through a quota system or otherwise, employment or membership	81981
opportunities of any group because of the race, color, religion,	81982
sex, military status, national origin, disability, age, or	81983
ancestry of that group;	81984

(6) Utilize in the recruitment or hiring of persons any	81985
employment agency, personnel placement service, training school or	81986
center, labor organization, or any other employee-referring source	81987
known to discriminate against persons because of their race,	81988
color, religion, sex, military status, national origin,	81989
disability, age, or ancestry.	81990

(F) For any person seeking employment to publish or cause to	81991
be published any advertisement that specifies or in any manner	81992
indicates that person's race, color, religion, sex, military	81993
status, national origin, disability, age, or ancestry, or	81994
expresses a limitation or preference as to the race, color,	81995
religion, sex, military status, national origin, disability, age,	81996
or ancestry of any prospective employer.	81997

(G) For any proprietor or any employee, keeper, or manager of	81998
a place of public accommodation to deny to any person, except for	81999
reasons applicable alike to all persons regardless of race, color,	82000
religion, sex, military status, national origin, disability, age,	82001
or ancestry, the full enjoyment of the accommodations, advantages,	82002
facilities, or privileges of the place of public accommodation.	82003

(H) For any person to do any of the following:

82004

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	82005
or finance housing accommodations, refuse to negotiate for the	82006
sale or rental of housing accommodations, or otherwise deny or	82007
make unavailable housing accommodations because of race, color,	82008
religion, sex, military status, familial status, ancestry,	82009
disability, or national origin;	82010

(2) Represent to any person that housing accommodations are	82011
not available for inspection, sale, or rental, when in fact they	82012
are available, because of race, color, religion, sex, military	82013
status, familial status, ancestry, disability, or national origin;	82014

(3) Discriminate against any person in the making or	82015
purchasing of loans or the provision of other financial assistance	82016
for the acquisition, construction, rehabilitation, repair, or	82017
maintenance of housing accommodations, or any person in the making	82018
or purchasing of loans or the provision of other financial	82019
assistance that is secured by residential real estate, because of	82020
race, color, religion, sex, military status, familial status,	82021
ancestry, disability, or national origin or because of the racial	82022
composition of the neighborhood in which the housing	82023
accommodations are located, provided that the person, whether an	82024
individual, corporation, or association of any type, lends money	82025
as one of the principal aspects or incident to the person's	82026
principal business and not only as a part of the purchase price of	82027
an owner-occupied residence the person is selling nor merely	82028
casually or occasionally to a relative or friend;	82029

(4) Discriminate against any person in the terms or	82030
conditions of selling, transferring, assigning, renting, leasing,	82031
or subleasing any housing accommodations or in furnishing	82032
facilities, services, or privileges in connection with the	82033
ownership, occupancy, or use of any housing accommodations,	82034
including the sale of fire, extended coverage, or homeowners	82035
insurance, because of race, color, religion, sex, military status,	82036
familial status, ancestry, disability, or national origin or	82037
because of the racial composition of the neighborhood in which the	82038
housing accommodations are located;	82039

(5) Discriminate against any person in the terms or	82040
conditions of any loan of money, whether or not secured by	82041
mortgage or otherwise, for the acquisition, construction,	82042
rehabilitation, repair, or maintenance of housing accommodations	82043
because of race, color, religion, sex, military status, familial	82044
status, ancestry, disability, or national origin or because of the	82045
racial composition of the neighborhood in which the housing	82046
accommodations are located;	82047

(6) Refuse to consider without prejudice the combined income	82048
of both husband and wife for the purpose of extending mortgage	82049
credit to a married couple or either member of a married couple;	82050

(7) Print, publish, or circulate any statement or	82051
advertisement, or make or cause to be made any statement or	82052
advertisement, relating to the sale, transfer, assignment, rental,	82053
lease, sublease, or acquisition of any housing accommodations, or	82054
relating to the loan of money, whether or not secured by mortgage	82055
or otherwise, for the acquisition, construction, rehabilitation,	82056
repair, or maintenance of housing accommodations, that indicates	82057
any preference, limitation, specification, or discrimination based	82058
upon race, color, religion, sex, military status, familial status,	82059
ancestry, disability, or national origin, or an intention to make	82060
any such preference, limitation, specification, or discrimination;	82061

(8) Except as otherwise provided in division (H)(8) or (17)	82062
of this section, make any inquiry, elicit any information, make or	82063
keep any record, or use any form of application containing	82064
questions or entries concerning race, color, religion, sex,	82065
military status, familial status, ancestry, disability, or	82066
national origin in connection with the sale or lease of any	82067
housing accommodations or the loan of any money, whether or not	82068
secured by mortgage or otherwise, for the acquisition,	82069
construction, rehabilitation, repair, or maintenance of housing	82070
accommodations. Any person may make inquiries, and make and keep	82071
records, concerning race, color, religion, sex, military status,	82072
familial status, ancestry, disability, or national origin for the	82073
purpose of monitoring compliance with this chapter.	82074

(9) Include in any transfer, rental, or lease of housing	82075
accommodations any restrictive covenant, or honor or exercise, or	82076
attempt to honor or exercise, any restrictive covenant;	82077

(10) Induce or solicit, or attempt to induce or solicit, a	82078
housing accommodations listing, sale, or transaction by	82079
representing that a change has occurred or may occur with respect	82080
to the racial, religious, sexual, military status, familial	82081
status, or ethnic composition of the block, neighborhood, or other	82082
area in which the housing accommodations are located, or induce or	82083
solicit, or attempt to induce or solicit, a housing accommodations	82084
listing, sale, or transaction by representing that the presence or	82085
anticipated presence of persons of any race, color, religion, sex,	82086
military status, familial status, ancestry, disability, or	82087
national origin, in the block, neighborhood, or other area will or	82088
may have results including, but not limited to, the following:	82089

(a) The lowering of property values;

82090

(b) A change in the racial, religious, sexual, military	82091
status, familial status, or ethnic composition of the block,	82092
neighborhood, or other area;	82093

(c) An increase in criminal or antisocial behavior in the	82094
block, neighborhood, or other area;	82095

(d) A decline in the quality of the schools serving the	82096
block, neighborhood, or other area.	82097

(11) Deny any person access to or membership or participation	82098
in any multiple-listing service, real estate brokers'	82099
organization, or other service, organization, or facility relating	82100
to the business of selling or renting housing accommodations, or	82101
discriminate against any person in the terms or conditions of that	82102
access, membership, or participation, on account of race, color,	82103
religion, sex, military status, familial status, national origin,	82104
disability, or ancestry;	82105

(12) Coerce, intimidate, threaten, or interfere with any	82106
person in the exercise or enjoyment of, or on account of that	82107
person's having exercised or enjoyed or having aided or encouraged	82108
any other person in the exercise or enjoyment of, any right	82109
granted or protected by division (H) of this section;	82110

(13) Discourage or attempt to discourage the purchase by a	82111
prospective purchaser of housing accommodations, by representing	82112
that any block, neighborhood, or other area has undergone or might	82113
undergo a change with respect to its religious, racial, sexual,	82114
military status, familial status, or ethnic composition;	82115

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	82116
or finance, or otherwise deny or withhold, a burial lot from any	82117
person because of the race, color, sex, military status, familial	82118
status, age, ancestry, disability, or national origin of any	82119
prospective owner or user of the lot;	82120

(15) Discriminate in the sale or rental of, or otherwise make	82121
unavailable or deny, housing accommodations to any buyer or renter	82122
because of a disability of any of the following:	82123

(a) The buyer or renter;

82124

(b) A person residing in or intending to reside in the	82125
housing accommodations after they are sold, rented, or made	82126
available;	82127

(c) Any individual associated with the person described in	82128
division (H)(15)(b) of this section.	82129

(16) Discriminate in the terms, conditions, or privileges of	82130
the sale or rental of housing accommodations to any person or in	82131
the provision of services or facilities to any person in	82132
connection with the housing accommodations because of a disability	82133
of any of the following:	82134

(a) That person;

82135

(b) A person residing in or intending to reside in the	82136
housing accommodations after they are sold, rented, or made	82137
available;	82138

(c) Any individual associated with the person described in	82139
division (H)(16)(b) of this section.	82140

(17) Except as otherwise provided in division (H)(17) of this	82141
section, make an inquiry to determine whether an applicant for the	82142
sale or rental of housing accommodations, a person residing in or	82143
intending to reside in the housing accommodations after they are	82144
sold, rented, or made available, or any individual associated with	82145
that person has a disability, or make an inquiry to determine the	82146
nature or severity of a disability of the applicant or such a	82147
person or individual. The following inquiries may be made of all	82148
applicants for the sale or rental of housing accommodations,	82149
regardless of whether they have disabilities:	82150

(a) An inquiry into an applicant's ability to meet the	82151
requirements of ownership or tenancy;	82152

(b) An inquiry to determine whether an applicant is qualified	82153
for housing accommodations available only to persons with	82154
disabilities or persons with a particular type of disability;	82155

(c) An inquiry to determine whether an applicant is qualified	82156
for a priority available to persons with disabilities or persons	82157
with a particular type of disability;	82158

(d) An inquiry to determine whether an applicant currently	82159
uses a controlled substance in violation of section 2925.11 of the	82160
Revised Code or a substantively comparable municipal ordinance;	82161

(e) An inquiry to determine whether an applicant at any time	82162
has been convicted of or pleaded guilty to any offense, an element	82163
of which is the illegal sale, offer to sell, cultivation,	82164
manufacture, other production, shipment, transportation, delivery,	82165
or other distribution of a controlled substance.	82166

(18)(a) Refuse to permit, at the expense of a person with a	82167
disability, reasonable modifications of existing housing	82168
accommodations that are occupied or to be occupied by the person	82169
with a disability, if the modifications may be necessary to afford	82170
the person with a disability full enjoyment of the housing	82171
accommodations. This division does not preclude a landlord of	82172
housing accommodations that are rented or to be rented to a	82173
disabled tenant from conditioning permission for a proposed	82174
modification upon the disabled tenant's doing one or more of the	82175
following:	82176

(i) Providing a reasonable description of the proposed	82177
modification and reasonable assurances that the proposed	82178
modification will be made in a workerlike manner and that any	82179
required building permits will be obtained prior to the	82180
commencement of the proposed modification;	82181

(ii) Agreeing to restore at the end of the tenancy the	82182
interior of the housing accommodations to the condition they were	82183
in prior to the proposed modification, but subject to reasonable	82184
wear and tear during the period of occupancy, if it is reasonable	82185
for the landlord to condition permission for the proposed	82186
modification upon the agreement;	82187

(iii) Paying into an interest-bearing escrow account that is	82188
in the landlord's name, over a reasonable period of time, a	82189
reasonable amount of money not to exceed the projected costs at	82190
the end of the tenancy of the restoration of the interior of the	82191
housing accommodations to the condition they were in prior to the	82192
proposed modification, but subject to reasonable wear and tear	82193
during the period of occupancy, if the landlord finds the account	82194
reasonably necessary to ensure the availability of funds for the	82195
restoration work. The interest earned in connection with an escrow	82196
account described in this division shall accrue to the benefit of	82197
the disabled tenant who makes payments into the account.	82198

(b) A landlord shall not condition permission for a proposed	82199
modification upon a disabled tenant's payment of a security	82200
deposit that exceeds the customarily required security deposit of	82201
all tenants of the particular housing accommodations.	82202

(19) Refuse to make reasonable accommodations in rules,	82203
policies, practices, or services when necessary to afford a person	82204
with a disability equal opportunity to use and enjoy a dwelling	82205
unit, including associated public and common use areas;	82206

(20) Fail to comply with the standards and rules adopted	82207
under division (A) of section 3781.111 of the Revised Code;	82208

(21) Discriminate against any person in the selling,	82209
brokering, or appraising of real property because of race, color,	82210
religion, sex, military status, familial status, ancestry,	82211
disability, or national origin;	82212

(22) Fail to design and construct covered multifamily	82213
dwellings for first occupancy on or after June 30, 1992, in	82214
accordance with the following conditions:	82215

(a) The dwellings shall have at least one building entrance	82216
on an accessible route, unless it is impractical to do so because	82217
of the terrain or unusual characteristics of the site.	82218

(b) With respect to dwellings that have a building entrance	82219
on an accessible route, all of the following apply:	82220

(i) The public use areas and common use areas of the	82221
dwellings shall be readily accessible to and usable by persons	82222
with a disability.	82223

(ii) All the doors designed to allow passage into and within	82224
all premises shall be sufficiently wide to allow passage by	82225
persons with a disability who are in wheelchairs.	82226

(iii) All premises within covered multifamily dwelling units	82227
shall contain an accessible route into and through the dwelling;	82228
all light switches, electrical outlets, thermostats, and other	82229
environmental controls within such units shall be in accessible	82230
locations; the bathroom walls within such units shall contain	82231
reinforcements to allow later installation of grab bars; and the	82232
kitchens and bathrooms within such units shall be designed and	82233
constructed in a manner that enables an individual in a wheelchair	82234
to maneuver about such rooms.	82235

For purposes of division (H)(22) of this section, "covered	82236
multifamily dwellings" means buildings consisting of four or more	82237
units if such buildings have one or more elevators and ground	82238
floor units in other buildings consisting of four or more units.	82239

(I) For any person to discriminate in any manner against any	82240
other person because that person has opposed any unlawful	82241
discriminatory practice defined in this section or because that	82242
person has made a charge, testified, assisted, or participated in	82243
any manner in any investigation, proceeding, or hearing under	82244
sections 4112.01 to 4112.07 of the Revised Code.	82245

(J) For any person to aid, abet, incite, compel, or coerce	82246
the doing of any act declared by this section to be an unlawful	82247
discriminatory practice, to obstruct or prevent any person from	82248
complying with this chapter or any order issued under it, or to	82249
attempt directly or indirectly to commit any act declared by this	82250
section to be an unlawful discriminatory practice.	82251

(K)(1) Nothing in division (H) of this section shall bar any	82252
religious or denominational institution or organization, or any	82253
nonprofit charitable or educational organization that is operated,	82254
supervised, or controlled by or in connection with a religious	82255
organization, from limiting the sale, rental, or occupancy of	82256
housing accommodations that it owns or operates for other than a	82257
commercial purpose to persons of the same religion, or from giving	82258
preference in the sale, rental, or occupancy of such housing	82259
accommodations to persons of the same religion, unless membership	82260
in the religion is restricted on account of race, color, or	82261
national origin.	82262

(2) Nothing in division (H) of this section shall bar any	82263
bona fide private or fraternal organization that, incidental to	82264
its primary purpose, owns or operates lodgings for other than a	82265
commercial purpose, from limiting the rental or occupancy of the	82266
lodgings to its members or from giving preference to its members.	82267

(3) Nothing in division (H) of this section limits the	82268
applicability of any reasonable local, state, or federal	82269
restrictions regarding the maximum number of occupants permitted	82270
to occupy housing accommodations. Nothing in that division	82271
prohibits the owners or managers of housing accommodations from	82272
implementing reasonable occupancy standards based on the number	82273
and size of sleeping areas or bedrooms and the overall size of a	82274
dwelling unit, provided that the standards are not implemented to	82275
circumvent the purposes of this chapter and are formulated,	82276
implemented, and interpreted in a manner consistent with this	82277
chapter and any applicable local, state, or federal restrictions	82278
regarding the maximum number of occupants permitted to occupy	82279
housing accommodations.	82280

(4) Nothing in division (H) of this section requires that	82281
housing accommodations be made available to an individual whose	82282
tenancy would constitute a direct threat to the health or safety	82283
of other individuals or whose tenancy would result in substantial	82284
physical damage to the property of others.	82285

(5) Nothing in division (H) of this section pertaining to	82286
discrimination on the basis of familial status shall be construed	82287
to apply to any of the following:	82288

(a) Housing accommodations provided under any state or	82289
federal program that have been determined under the "Fair Housing	82290
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	82291
amended, to be specifically designed and operated to assist	82292
elderly persons;	82293

(b) Housing accommodations intended for and solely occupied	82294
by persons who are sixty-two years of age or older;	82295

(c) Housing accommodations intended and operated for	82296
occupancy by at least one person who is fifty-five years of age or	82297
older per unit, as determined under the "Fair Housing Amendments	82298
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	82299

(L) Nothing in divisions (A) to (E) of this section shall be	82300
construed to require a person with a disability to be employed or	82301
trained under circumstances that would significantly increase the	82302
occupational hazards affecting either the person with a	82303
disability, other employees, the general public, or the facilities	82304
in which the work is to be performed, or to require the employment	82305
or training of a person with a disability in a job that requires	82306
the person with a disability routinely to undertake any task, the	82307
performance of which is substantially and inherently impaired by	82308
the person's disability.	82309

(M) Nothing in divisions (H)(1) to (18) of this section shall	82310
be construed to require any person selling or renting property to	82311
modify the property in any way or to exercise a higher degree of	82312
care for a person with a disability, to relieve any person with a	82313
disability of any obligation generally imposed on all persons	82314
regardless of disability in a written lease, rental agreement, or	82315
contract of purchase or sale, or to forbid distinctions based on	82316
the inability to fulfill the terms and conditions, including	82317
financial obligations, of the lease, agreement, or contract.	82318

(N) An aggrieved individual may enforce the individual's	82319
rights relative to discrimination on the basis of age as provided	82320
for in this section by instituting a civil action, within one	82321
hundred eighty days after the alleged unlawful discriminatory	82322
practice occurred, in any court with jurisdiction for any legal or	82323
equitable relief that will effectuate the individual's rights.	82324

A person who files a civil action under this division is	82325
barred, with respect to the practices complained of, from	82326
instituting a civil action under section 4112.14 of the Revised	82327
Code and from filing a charge with the commission under section	82328
4112.05 of the Revised Code.	82329

(O) With regard to age, it shall not be an unlawful	82330
discriminatory practice and it shall not constitute a violation of	82331
division (A) of section 4112.14 of the Revised Code for any	82332
employer, employment agency, joint labor-management committee	82333
controlling apprenticeship training programs, or labor	82334
organization to do any of the following:	82335

(1) Establish bona fide employment qualifications reasonably	82336
related to the particular business or occupation that may include	82337
standards for skill, aptitude, physical capability, intelligence,	82338
education, maturation, and experience;	82339

(2) Observe the terms of a bona fide seniority system or any	82340
bona fide employee benefit plan, including, but not limited to, a	82341
retirement, pension, or insurance plan, that is not a subterfuge	82342
to evade the purposes of this section. However, no such employee	82343
benefit plan shall excuse the failure to hire any individual, and	82344
no such seniority system or employee benefit plan shall require or	82345
permit the involuntary retirement of any individual, because of	82346
the individual's age except as provided for in the "Age	82347
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	82348
29 U.S.C.A. 623, as amended by the "Age Discrimination in	82349
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	82350
623, as amended.	82351

(3) Retire an employee who has attained sixty-five years of	82352
age who, for the two-year period immediately before retirement, is	82353
employed in a bona fide executive or a high policymaking position,	82354
if the employee is entitled to an immediate nonforfeitable annual	82355
retirement benefit from a pension, profit-sharing, savings, or	82356
deferred compensation plan, or any combination of those plans, of	82357
the employer of the employee, which equals, in the aggregate, at	82358
least forty-four thousand dollars, in accordance with the	82359
conditions of the "Age Discrimination in Employment Act Amendment	82360
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	82361
Discrimination in Employment Act Amendments of 1986," 100 Stat.	82362
3342, 29 U.S.C.A. 631, as amended;	82363

(4) Observe the terms of any bona fide apprenticeship program	82364
if the program is registered with the Ohio apprenticeship council	82365
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	82366
approved by the federal committee on apprenticeship of the United	82367
States department of labor.	82368

(P) Nothing in this chapter prohibiting age discrimination	82369
and nothing in division (A) of section 4112.14 of the Revised Code	82370
shall be construed to prohibit the following:	82371

(1) The designation of uniform age the attainment of which is	82372
necessary for public employees to receive pension or other	82373
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	82374
or 5505. of the Revised Code;	82375

(2) The mandatory retirement of uniformed patrol officers of	82376
the state highway patrol as provided in section 5505.16 of the	82377
Revised Code;	82378

(3) The maximum age requirements for appointment as a patrol	82379
officer in the state highway patrol established by section 5503.01	82380
of the Revised Code;	82381

(4) The maximum age requirements established for original	82382
appointment to a police department or fire department in sections	82383
124.41 and 124.42 of the Revised Code;	82384

(5) Any maximum age not in conflict with federal law that may	82385
be established by a municipal charter, municipal ordinance, or	82386
resolution of a board of township trustees for original	82387
appointment as a police officer or firefighter;	82388

(6) Any mandatory retirement provision not in conflict with	82389
federal law of a municipal charter, municipal ordinance, or	82390
resolution of a board of township trustees pertaining to police	82391
officers and firefighters;	82392

(7) Until January 1, 1994, the mandatory retirement of any	82393
employee who has attained seventy years of age and who is serving	82394
under a contract of unlimited tenure, or similar arrangement	82395
providing for unlimited tenure, at an institution of higher	82396
education as defined in the "Education Amendments of 1980," 94	82397
Stat. 1503, 20 U.S.C.A. 1141(a).	82398

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	82399
section, for purposes of divisions (A) to (E) of this section, a	82400
disability does not include any physiological disorder or	82401
condition, mental or psychological disorder, or disease or	82402
condition caused by an illegal use of any controlled substance by	82403
an employee, applicant, or other person, if an employer,	82404
employment agency, personnel placement service, labor	82405
organization, or joint labor-management committee acts on the	82406
basis of that illegal use.	82407

(b) Division (Q)(1)(a) of this section does not apply to an	82408
employee, applicant, or other person who satisfies any of the	82409
following:	82410

(i) The employee, applicant, or other person has successfully	82411
completed a supervised drug rehabilitation program and no longer	82412
is engaging in the illegal use of any controlled substance, or the	82413
employee, applicant, or other person otherwise successfully has	82414
been rehabilitated and no longer is engaging in that illegal use.	82415

(ii) The employee, applicant, or other person is	82416
participating in a supervised drug rehabilitation program and no	82417
longer is engaging in the illegal use of any controlled substance.	82418

(iii) The employee, applicant, or other person is erroneously	82419
regarded as engaging in the illegal use of any controlled	82420
substance, but the employee, applicant, or other person is not	82421
engaging in that illegal use.	82422

(2) Divisions (A) to (E) of this section do not prohibit an	82423
employer, employment agency, personnel placement service, labor	82424
organization, or joint labor-management committee from doing any	82425
of the following:	82426

(a) Adopting or administering reasonable policies or	82427
procedures, including, but not limited to, testing for the illegal	82428
use of any controlled substance, that are designed to ensure that	82429
an individual described in division (Q)(1)(b)(i) or (ii) of this	82430
section no longer is engaging in the illegal use of any controlled	82431
substance;	82432

(b) Prohibiting the illegal use of controlled substances and	82433
the use of alcohol at the workplace by all employees;	82434

(c) Requiring that employees not be under the influence of	82435
alcohol or not be engaged in the illegal use of any controlled	82436
substance at the workplace;	82437

(d) Requiring that employees behave in conformance with the	82438
requirements established under "The Drug-Free Workplace Act of	82439
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	82440

(e) Holding an employee who engages in the illegal use of any	82441
controlled substance or who is an alcoholic to the same	82442
qualification standards for employment or job performance, and the	82443
same behavior, to which the employer, employment agency, personnel	82444
placement service, labor organization, or joint labor-management	82445
committee holds other employees, even if any unsatisfactory	82446
performance or behavior is related to an employee's illegal use of	82447
a controlled substance or alcoholism;	82448

(f) Exercising other authority recognized in the "Americans	82449
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	82450
as amended, including, but not limited to, requiring employees to	82451
comply with any applicable federal standards.	82452

(3) For purposes of this chapter, a test to determine the	82453
illegal use of any controlled substance does not include a medical	82454
examination.	82455

(4) Division (Q) of this section does not encourage,	82456
prohibit, or authorize, and shall not be construed as encouraging,	82457
prohibiting, or authorizing, the conduct of testing for the	82458
illegal use of any controlled substance by employees, applicants,	82459
or other persons, or the making of employment decisions based on	82460
the results of that type of testing.	82461

(R) This section does not apply to a religious corporation,	82462
association, educational institution, or society with respect to	82463
the employment of an individual of a particular religion to	82464
perform work connected with the carrying on by that religious	82465
corporation, association, educational institution, or society of	82466
its activities.	82467

The unlawful discriminatory practices defined in this section	82468
do not make it unlawful for a person or an appointing authority	82469
administering an examination under section 124.23 of the Revised	82470
Code to obtain information about an applicant's military status	82471
for the purpose of determining if the applicant is eligible for	82472
the additional credit that is available under that section.	82473

Sec. 4112.12. (A) There is hereby created the commission on	82474
African-American males, which shall consist of not more than	82475
twenty-five members as follows: the directors or their designees	82476
of the departments of health, development, ~~alcohol and drug~~	82477
~~addiction services~~mental health and addiction services, and job	82478
and family services; the equal employment opportunity officer of	82479
the department of administrative services or the equal employment	82480
opportunity officer's designee; the executive director or the	82481
executive director's designee of the Ohio civil rights commission;	82482
the executive director or the executive director's designee of the	82483
division of criminal justice services in the department of public	82484
safety; the superintendent of public instruction; the chancellor	82485
or the chancellor's designee of the Ohio board of regents; two	82486
members of the house of representatives appointed by the speaker	82487
of the house of representatives each of whom shall be members of	82488
different political parties; and two members of the senate	82489
appointed by the president of the senate each of whom shall be	82490
members of different political parties. The members who are	82491
members of the general assembly shall be nonvoting members. The	82492
Ohio state university African American and African studies	82493
community extension center, in consultation with the governor,	82494
shall appoint four members from the private corporate sector, at	82495
least four members from the public sector, and two members from	82496
the nonprofit sector.	82497

(B) Terms of office shall be for three years, except that	82498
members of the general assembly appointed to the commission shall	82499
be members only so long as they are members of the general	82500
assembly. Each term ends on the same day of the same month as did	82501
the term that it succeeds. Each member shall hold office from the	82502
date of appointment until the end of the term for which the member	82503
was appointed. Members may be reappointed. Vacancies shall be	82504
filled in the manner provided for original appointments. Any	82505
member appointed to fill a vacancy occurring prior to the	82506
expiration date of the term for which the member's predecessor was	82507
appointed shall hold office as a member for the remainder of that	82508
term. A member shall continue in office subsequent to the	82509
expiration date of the member's term until the member's successor	82510
takes office or until a period of sixty days has elapsed,	82511
whichever occurs first.	82512

The commission annually shall elect a chairperson from among	82513
its members.	82514

(C) Members of the commission and members of subcommittees	82515
appointed under division (B) of section 4112.13 of the Revised	82516
Code shall not be compensated, but shall be reimbursed for their	82517
necessary and actual expenses incurred in the performance of their	82518
official duties.	82519

(D) The Ohio state university African American and African	82520
studies community extension center, in consultation with the	82521
governor, shall appoint an executive director of the commission on	82522
African-American males, who shall be in the unclassified civil	82523
service. The executive director shall supervise the commission's	82524
activities and report to the commission and to the Ohio state	82525
university African American and African studies community	82526
extension center on the progress of those activities. The	82527
executive director shall do all things necessary for the efficient	82528
and effective implementation of the duties of the commission.	82529

The responsibilities assigned to the executive director do	82530
not relieve the members of the commission from final	82531
responsibility for the proper performance of the requirements of	82532
this division.	82533

(E) The commission on African-American males shall do all of	82534
the following:	82535

(1) Employ, promote, supervise, and remove all employees, as	82536
needed, in connection with the performance of its duties under	82537
this section;	82538

(2) Maintain its office in Columbus;

82539

(3) Acquire facilities, equipment, and supplies necessary to	82540
house the commission, its employees, and files and records under	82541
its control, and to discharge any duty imposed upon it by law. The	82542
expense of these acquisitions shall be audited and paid for in the	82543
same manner as other state expenses.	82544

(4) Establish the overall policy and management of the	82545
commission in accordance with this chapter;	82546

(5) Follow all state procurement requirements;

82547

(6) Implement the policies and plans of the Ohio state	82548
university African American and African studies community	82549
extension center as those policies and plans are formulated and	82550
adopted by the Ohio state university African American and African	82551
studies community extension center;	82552

(7) Report to the Ohio state university African American and	82553
African studies community extension center on the progress of the	82554
commission on African-American males in implementing the policies	82555
and plans of the Ohio state university African American and	82556
African studies community extension center.	82557

(F) The commission on African-American males may:

82558

(1) Hold sessions at any place within the state, except that	82559
the commission on African-American males shall meet at least	82560
quarterly;	82561

(2) Establish, change, or abolish positions, and assign and	82562
reassign duties and responsibilities of any employee of the	82563
commission on African-American males as necessary to achieve the	82564
most efficient performance of its functions.	82565

(G) The Ohio state university African American and African	82566
studies community extension center shall establish the overall	82567
policy and management of the commission on African-American males	82568
and shall direct, manage, and oversee the commission. The Ohio	82569
state university African American and African studies community	82570
extension center shall develop overall policies and plans, and the	82571
commission on African-American males shall implement those	82572
policies and plans. The commission on African-American males,	82573
through its executive director, shall keep the Ohio state	82574
university African American and African studies community	82575
extension center informed as to the activities of the commission	82576
on African-American males in such manner and at such times as the	82577
Ohio state university African American and African studies	82578
community extension center shall determine.	82579

The Ohio state university African American and African	82580
studies community extension center may prescribe duties and	82581
responsibilities of the commission on African-American males in	82582
addition to those prescribed in section 4112.13 of the Revised	82583
Code.	82584

(H) The Ohio state university African American and African	82585
studies community extension center annually shall contract for a	82586
report on the status of African Americans in this state. Issues to	82587
be evaluated in the report shall include the criminal justice	82588
system, education, employment, health care, and housing, and such	82589
other issues as the Ohio state university African American and	82590
African studies community extension center may specify. The report	82591
shall include policy recommendations relating to the issues	82592
covered in the report.	82593

Sec. 4112.31. The new African immigrants commission shall do	82594
all of the following:	82595

(A) Gather and disseminate information and conduct hearings,	82596
conferences, investigations, and special studies on problems and	82597
programs concerning sub-Saharan African people;	82598

(B) Secure appropriate recognition of the accomplishments and	82599
contributions of sub-Saharan African people to this state;	82600

(C) Stimulate public awareness of the problems of sub-Saharan	82601
African people by conducting a program of public education;	82602

(D) Develop, coordinate, and assist other public and private	82603
organizations that serve sub-Saharan African people, including the	82604
conducting of training programs for community leadership and	82605
service project staff;	82606

(E) Advise the governor, general assembly, and state	82607
departments and agencies of the nature, magnitude, and priorities	82608
of the problems of sub-Saharan African people;	82609

(F) Advise the governor, general assembly, and state	82610
departments and agencies on, and assist in the development and	82611
implementation of, comprehensive and coordinated policies,	82612
programs, and procedures focusing on the special problems and	82613
needs of sub-Saharan African people, especially in the fields of	82614
education, employment, energy, health, housing, welfare, and	82615
recreation;	82616

(G) Propose new programs concerning sub-Saharan African	82617
people to public and private agencies and evaluate for such	82618
agencies existing programs or prospective legislation concerning	82619
sub-Saharan African people;	82620

(H) Review and approve grants to be made from federal, state,	82621
or private funds that are administered or subcontracted by the	82622
commission;	82623

(I) Prepare, review, and approve an annual report;

82624

(J) Serve as a clearinghouse to review and comment on all	82625
proposals to meet the needs of sub-Saharan African people that are	82626
submitted to it by public and private agencies;	82627

(K) Apply for and accept grants and gifts from governmental	82628
and private sources to be administered by the commission or	82629
subcontracted to local agencies;	82630

(L) Monitor and evaluate all programs subcontracted to local	82631
agencies by the commission;	82632

(M) Endeavor to assure that sub-Saharan African people have	82633
access to decision-making bodies in all state and local	82634
governmental departments and agencies;	82635

(N) Establish advisory committees on special subjects as	82636
needed to facilitate and maximize community participation in the	82637
operation of the commission;	82638

(O) Establish with state and local governments and private	82639
business and industry relationships that promote and assure equal	82640
opportunity for sub-Saharan African people in government,	82641
education, and employment.	82642

(P) Create an interagency council consisting of the following	82643
persons or their authorized representatives: one member of the	82644
senate appointed by the president of the senate; one member of the	82645
house of representatives appointed by the speaker of the house of	82646
representatives; the directors of administrative services,	82647
agriculture, education, development services, health, highway	82648
safety, job and family services, liquor control, ~~mental health~~	82649
mental health and addiction services, ~~mental retardation~~ and	82650
developmental disabilities, natural resources, rehabilitation and	82651
correction, youth services, transportation, environmental	82652
protection, and budget and management; the chairperson of the Ohio	82653
civil rights commission, the ~~administrators~~administrator of the	82654
bureau of workers' compensation ~~and~~, the ~~rehabilitation services~~	82655
~~commission~~executive director of the opportunities for Ohioans	82656
with disabilities agency, and an additional member of the	82657
governor's cabinet appointed by the governor. The new African	82658
immigrants commission, by rule, may designate other state officers	82659
or their representatives to be members of the council. The	82660
director of the commission shall be the chairperson of the	82661
council.	82662

The interagency council shall provide and coordinate the	82663
exchange of information relative to the needs of sub-Saharan	82664
African people and promote the delivery of state services to such	82665
people. The council shall meet at the call of the chairperson.	82666

Advisory committees shall be composed of persons representing	82667
community organizations and charitable institutions, public	82668
officials, and such other persons as the commission determines.	82669

Sec. 4115.034. On January 1, 1996, and the first day of	82670
January of every even-numbered year thereafter, the director of	82671
commerce shall adjust the threshold levels for which public	82672
improvement projects are subject to sections 4115.03 to 4115.16 of	82673
the Revised Code as set forth in divisions (B)(3) and (4) of	82674
section 4115.03 of the Revised Code. The director shall adjust	82675
those amounts according to the average increase or decrease for	82676
each of the two years immediately preceding the adjustment as set	82677
forth in ~~the United States department of commerce, bureau of the~~	82678
~~census implicit price deflator for~~the construction cost index	82679
published by the engineering news-record or, should that index	82680
cease to be published, a similar recognized industry index chosen	82681
by the director, provided that no increase or decrease for any	82682
year shall exceed three per cent of the threshold level in	82683
existence at the time of the adjustment.	82684

Sec. 4115.32. (A) Subject to section 4115.36 of the Revised	82685
Code, there is hereby created the state committee for the purchase	82686
of products and services provided by persons with severe	82687
disabilities. The committee shall be composed ex officio of the	82688
following persons, or their designees:	82689

(1) The directors of administrative services, ~~mental health~~	82690
mental health and addiction services, developmental disabilities,	82691
transportation, natural resources, and commerce;	82692

(2) The ~~administrators~~administrator of the ~~rehabilitation~~	82693
~~services commission and the~~ bureau of workers' compensation and	82694
the executive director of the opportunities for Ohioans with	82695
disabilities agency;	82696

(3) The secretary of state;

82697

(4) One representative of a purchasing department of a	82698
political subdivision who is designated by the governor.	82699

The governor shall appoint two representatives of a qualified	82700
nonprofit agency for persons with severe disabilities, and a	82701
person with a severe disability to the committee.	82702

(B) Within thirty days after September 29, 1995, the governor	82703
shall appoint the representatives of a qualified nonprofit agency	82704
for persons with severe disabilities to the committee for a term	82705
ending August 31, 1996. Thereafter, terms for such representatives	82706
are for three years, each term ending on the same day of the same	82707
month of the year as did the term that it succeeds. Each committee	82708
member shall serve from the date of the member's appointment until	82709
the end of the term for which the member was appointed. Vacancies	82710
shall be filled in the same manner provided for original	82711
appointments. Any member appointed to fill a vacancy occurring	82712
prior to the expiration date of the term for which the member's	82713
predecessor was appointed shall serve as a member for the	82714
remainder of that term. A member shall serve subsequent to the	82715
expiration of the member's term and shall continue to serve until	82716
the member's successor takes office.	82717

(C) Members of the committee shall serve without	82718
compensation. Except as otherwise provided in divisions (C)(1) and	82719
(2) of this section, members shall be reimbursed for actual and	82720
necessary expenses, including travel expenses, incurred while away	82721
from their homes or regular places of business and incurred while	82722
performing services for the committee.	82723

(1) The members listed in divisions (A)(1) to (3) of this	82724
section, or their designees, shall not be reimbursed for any	82725
expenses.	82726

(2) No member of the committee who is entitled to receive	82727
reimbursement for the performance of services for the committee	82728
from another agency or entity shall receive reimbursement from the	82729
committee.	82730

(D) The committee shall elect from among its members a	82731
chairperson. The committee may request from any agency of the	82732
state, political subdivision, or instrumentality of the state any	82733
information necessary to enable it to carry out the intent of	82734
sections 4115.31 to 4115.35 of the Revised Code. Upon request of	82735
the committee, the agency, subdivision, or instrumentality shall	82736
furnish the information to the chairperson of the committee.	82737

(E) The committee shall not later than one hundred eighty	82738
days following the close of each fiscal year transmit to the	82739
governor, the general assembly, and each qualified nonprofit	82740
agency for persons with severe disabilities a report that includes	82741
the names of the committee members serving during the preceding	82742
fiscal year, the dates of committee meetings in that year, and any	82743
recommendations for changes in sections 4115.31 to 4115.35 of the	82744
Revised Code that the committee determines are necessary.	82745

(F) The director of administrative services shall designate a	82746
subordinate to act as executive director of the committee and	82747
shall furnish other staff and clerical assistance, office space,	82748
and supplies required by the committee.	82749

Sec. 4117.06. (A) The state employment relations board shall	82750
decide in each case the unit appropriate for the purposes of	82751
collective bargaining. The determination is final and conclusive	82752
and not appealable to the court.	82753

(B) The board shall determine the appropriateness of each	82754
bargaining unit and shall consider among other relevant factors:	82755
the desires of the employees; the community of interest; wages,	82756
hours, and other working conditions of the public employees; the	82757
effect of over-fragmentation; the efficiency of operations of the	82758
public employer; the administrative structure of the public	82759
employer; and the history of collective bargaining.	82760

(C) The board may determine a unit to be the appropriate unit	82761
in a particular case, even though some other unit might also be	82762
appropriate.	82763

(D) In addition, in determining the appropriate unit, the	82764
board shall not:	82765

(1) Decide that any unit is appropriate if the unit includes	82766
both professional and nonprofessional employees, unless a majority	82767
of the professional employees and a majority of the	82768
nonprofessional employees first vote for inclusion in the unit;	82769

(2) Include guards or correction officers at correctional or	82770
mental institutions, special police officers appointed in	82771
accordance with sections ~~5119.14~~5119.08 and 5123.13 of the	82772
Revised Code, psychiatric attendants employed at mental health	82773
forensic facilities, youth leaders employed at juvenile correction	82774
facilities, or any public employee employed as a guard to enforce	82775
against other employees rules to protect property of the employer	82776
or to protect the safety of persons on the employer's premises in	82777
a unit with other employees;	82778

(3) Include members of a police or fire department or members	82779
of the state highway patrol in a unit with other classifications	82780
of public employees of the department;	82781

(4) Designate as appropriate a bargaining unit that contains	82782
more than one institution of higher education; nor shall it within	82783
any such institution of higher education designate as appropriate	82784
a unit where such designation would be inconsistent with the	82785
accreditation standards or interpretations of such standards,	82786
governing such institution of higher education or any department,	82787
school, or college thereof. For the purposes of this division, any	82788
branch or regional campus of a public institution of higher	82789
education is part of that institution of higher education.	82790

(5) Designate as appropriate a bargaining unit that contains	82791
employees within the jurisdiction of more than one elected county	82792
office holder, unless the county-elected office holder and the	82793
board of county commissioners agree to such other designation;	82794

(6) With respect to members of a police department, designate	82795
as appropriate a unit that includes rank and file members of the	82796
department with members who are of the rank of sergeant or above;	82797

(7) Except as otherwise provided by division (A)(3) of	82798
section 3314.10 or division (B) of section 3326.18 of the Revised	82799
Code, designate as appropriate a bargaining unit that contains	82800
employees from multiple community schools established under	82801
Chapter 3314. or multiple science, technology, engineering, and	82802
mathematics schools established under Chapter 3326. of the Revised	82803
Code. For purposes of this division, more than one unit may be	82804
designated within a single community school or science,	82805
technology, engineering, and mathematics school.	82806

This section shall not be deemed to prohibit multiunit	82807
bargaining.	82808

Sec. 4117.14. (A) The procedures contained in this section	82809
govern the settlement of disputes between an exclusive	82810
representative and a public employer concerning the termination or	82811
modification of an existing collective bargaining agreement or	82812
negotiation of a successor agreement, or the negotiation of an	82813
initial collective bargaining agreement.	82814

(B)(1) In those cases where there exists a collective	82815
bargaining agreement, any public employer or exclusive	82816
representative desiring to terminate, modify, or negotiate a	82817
successor collective bargaining agreement shall:	82818

(a) Serve written notice upon the other party of the proposed	82819
termination, modification, or successor agreement. The party must	82820
serve the notice not less than sixty days prior to the expiration	82821
date of the existing agreement or, in the event the existing	82822
collective bargaining agreement does not contain an expiration	82823
date, not less than sixty days prior to the time it is proposed to	82824
make the termination or modifications or to make effective a	82825
successor agreement.	82826

(b) Offer to bargain collectively with the other party for	82827
the purpose of modifying or terminating any existing agreement or	82828
negotiating a successor agreement;	82829

(c) Notify the state employment relations board of the offer	82830
by serving upon the board a copy of the written notice to the	82831
other party and a copy of the existing collective bargaining	82832
agreement.	82833

(2) In the case of initial negotiations between a public	82834
employer and an exclusive representative, where a collective	82835
bargaining agreement has not been in effect between the parties,	82836
any party may serve notice upon the board and the other party	82837
setting forth the names and addresses of the parties and offering	82838
to meet, for a period of ninety days, with the other party for the	82839
purpose of negotiating a collective bargaining agreement.	82840

If the settlement procedures specified in divisions (B), (C),	82841
and (D) of this section govern the parties, where those procedures	82842
refer to the expiration of a collective bargaining agreement, it	82843
means the expiration of the sixty-day period to negotiate a	82844
collective bargaining agreement referred to in this subdivision,	82845
or in the case of initial negotiations, it means the ninety-day	82846
period referred to in this subdivision.	82847

(3) The parties shall continue in full force and effect all	82848
the terms and conditions of any existing collective bargaining	82849
agreement, without resort to strike or lock-out, for a period of	82850
sixty days after the party gives notice or until the expiration	82851
date of the collective bargaining agreement, whichever occurs	82852
later, or for a period of ninety days where applicable.	82853

(4) Upon receipt of the notice, the parties shall enter into	82854
collective bargaining.	82855

(C) In the event the parties are unable to reach an	82856
agreement, they may submit, at any time prior to forty-five days	82857
before the expiration date of the collective bargaining agreement,	82858
the issues in dispute to any mutually agreed upon dispute	82859
settlement procedure which supersedes the procedures contained in	82860
this section.	82861

(1) The procedures may include:

82862

(a) Conventional arbitration of all unsettled issues;

82863

(b) Arbitration confined to a choice between the last offer	82864
of each party to the agreement as a single package;	82865

(c) Arbitration confined to a choice of the last offer of	82866
each party to the agreement on each issue submitted;	82867

(d) The procedures described in division (C)(1)(a), (b), or	82868
(c) of this section and including among the choices for the	82869
arbitrator, the recommendations of the fact finder, if there are	82870
recommendations, either as a single package or on each issue	82871
submitted;	82872

(e) Settlement by a citizens' conciliation council composed	82873
of three residents within the jurisdiction of the public employer.	82874
The public employer shall select one member and the exclusive	82875
representative shall select one member. The two members selected	82876
shall select the third member who shall chair the council. If the	82877
two members cannot agree upon a third member within five days	82878
after their appointments, the board shall appoint the third	82879
member. Once appointed, the council shall make a final settlement	82880
of the issues submitted to it pursuant to division (G) of this	82881
section.	82882

(f) Any other dispute settlement procedure mutually agreed to	82883
by the parties.	82884

(2) If, fifty days before the expiration date of the	82885
collective bargaining agreement, the parties are unable to reach	82886
an agreement, any party may request the state employment relations	82887
board to intervene. The request shall set forth the names and	82888
addresses of the parties, the issues involved, and, if applicable,	82889
the expiration date of any agreement.	82890

The board shall intervene and investigate the dispute to	82891
determine whether the parties have engaged in collective	82892
bargaining.	82893

If an impasse exists or forty-five days before the expiration	82894
date of the collective bargaining agreement if one exists, the	82895
board shall appoint a mediator to assist the parties in the	82896
collective bargaining process.	82897

(3) Any time after the appointment of a mediator, either	82898
party may request the appointment of a fact-finding panel. Within	82899
fifteen days after receipt of a request for a fact-finding panel,	82900
the board shall appoint a fact-finding panel of not more than	82901
three members who have been selected by the parties in accordance	82902
with rules established by the board, from a list of qualified	82903
persons maintained by the board.	82904

(a) The fact-finding panel shall, in accordance with rules	82905
and procedures established by the board that include the	82906
regulation of costs and expenses of fact-finding, gather facts and	82907
make recommendations for the resolution of the matter. The board	82908
shall by its rules require each party to specify in writing the	82909
unresolved issues and its position on each issue to the	82910
fact-finding panel. The fact-finding panel shall make final	82911
recommendations as to all the unresolved issues.	82912

(b) The board may continue mediation, order the parties to	82913
engage in collective bargaining until the expiration date of the	82914
agreement, or both.	82915

(4) The following guidelines apply to fact-finding:

82916

(a) The fact-finding panel may establish times and place of	82917
hearings which shall be, where feasible, in the jurisdiction of	82918
the state.	82919

(b) The fact-finding panel shall conduct the hearing pursuant	82920
to rules established by the board.	82921

(c) Upon request of the fact-finding panel, the board shall	82922
issue subpoenas for hearings conducted by the panel.	82923

(d) The fact-finding panel may administer oaths.

82924

(e) The board shall prescribe guidelines for the fact-finding	82925
panel to follow in making findings. In making its recommendations,	82926
the fact-finding panel shall take into consideration the factors	82927
listed in divisions (G)(7)(a) to (f) of this section.	82928

(f) The fact-finding panel may attempt mediation at any time	82929
during the fact-finding process. From the time of appointment	82930
until the fact-finding panel makes a final recommendation, it	82931
shall not discuss the recommendations for settlement of the	82932
dispute with parties other than the direct parties to the dispute.	82933

(5) The fact-finding panel, acting by a majority of its	82934
members, shall transmit its findings of fact and recommendations	82935
on the unresolved issues to the public employer and employee	82936
organization involved and to the board no later than fourteen days	82937
after the appointment of the fact-finding panel, unless the	82938
parties mutually agree to an extension. The parties shall share	82939
the cost of the fact-finding panel in a manner agreed to by the	82940
parties.	82941

(6)(a) Not later than seven days after the findings and	82942
recommendations are sent, the legislative body, by a three-fifths	82943
vote of its total membership, and in the case of the public	82944
employee organization, the membership, by a three-fifths vote of	82945
the total membership, may reject the recommendations; if neither	82946
rejects the recommendations, the recommendations shall be deemed	82947
agreed upon as the final resolution of the issues submitted and a	82948
collective bargaining agreement shall be executed between the	82949
parties, including the fact-finding panel's recommendations,	82950
except as otherwise modified by the parties by mutual agreement.	82951
If either the legislative body or the public employee organization	82952
rejects the recommendations, the board shall publicize the	82953
findings of fact and recommendations of the fact-finding panel.	82954
The board shall adopt rules governing the procedures and methods	82955
for public employees to vote on the recommendations of the	82956
fact-finding panel.	82957

(b) As used in division (C)(6)(a) of this section,	82958
"legislative body" means the controlling board when the state or	82959
any of its agencies, authorities, commissions, boards, or other	82960
branch of public employment is party to the fact-finding process.	82961

(D) If the parties are unable to reach agreement within seven	82962
days after the publication of findings and recommendations from	82963
the fact-finding panel or the collective bargaining agreement, if	82964
one exists, has expired, then the:	82965

(1) Public employees, who are members of a police or fire	82966
department, members of the state highway patrol, deputy sheriffs,	82967
dispatchers employed by a police, fire, or sheriff's department or	82968
the state highway patrol or civilian dispatchers employed by a	82969
public employer other than a police, fire, or sheriff's department	82970
to dispatch police, fire, sheriff's department, or emergency	82971
medical or rescue personnel and units, an exclusive nurse's unit,	82972
employees of the state school for the deaf or the state school for	82973
the blind, employees of any public employee retirement system,	82974
corrections officers, guards at penal or mental institutions,	82975
special police officers appointed in accordance with sections	82976
~~5119.14~~5119.08 and 5123.13 of the Revised Code, psychiatric	82977
attendants employed at mental health forensic facilities, youth	82978
leaders employed at juvenile correctional facilities, or members	82979
of a law enforcement security force that is established and	82980
maintained exclusively by a board of county commissioners and	82981
whose members are employed by that board, shall submit the matter	82982
to a final offer settlement procedure pursuant to a board order	82983
issued forthwith to the parties to settle by a conciliator	82984
selected by the parties. The parties shall request from the board	82985
a list of five qualified conciliators and the parties shall select	82986
a single conciliator from the list by alternate striking of names.	82987
If the parties cannot agree upon a conciliator within five days	82988
after the board order, the board shall on the sixth day after its	82989
order appoint a conciliator from a list of qualified persons	82990
maintained by the board or shall request a list of qualified	82991
conciliators from the American arbitration association and appoint	82992
therefrom.	82993

(2) Public employees other than those listed in division	82994
(D)(1) of this section have the right to strike under Chapter	82995
4117. of the Revised Code provided that the employee organization	82996
representing the employees has given a ten-day prior written	82997
notice of an intent to strike to the public employer and to the	82998
board, and further provided that the strike is for full,	82999
consecutive work days and the beginning date of the strike is at	83000
least ten work days after the ending date of the most recent prior	83001
strike involving the same bargaining unit; however, the board, at	83002
its discretion, may attempt mediation at any time.	83003

(E) Nothing in this section shall be construed to prohibit	83004
the parties, at any time, from voluntarily agreeing to submit any	83005
or all of the issues in dispute to any other alternative dispute	83006
settlement procedure. An agreement or statutory requirement to	83007
arbitrate or to settle a dispute pursuant to a final offer	83008
settlement procedure and the award issued in accordance with the	83009
agreement or statutory requirement is enforceable in the same	83010
manner as specified in division (B) of section 4117.09 of the	83011
Revised Code.	83012

(F) Nothing in this section shall be construed to prohibit a	83013
party from seeking enforcement of a collective bargaining	83014
agreement or a conciliator's award as specified in division (B) of	83015
section 4117.09 of the Revised Code.	83016

(G) The following guidelines apply to final offer settlement	83017
proceedings under division (D)(1) of this section:	83018

(1) The parties shall submit to final offer settlement those	83019
issues that are subject to collective bargaining as provided by	83020
section 4117.08 of the Revised Code and upon which the parties	83021
have not reached agreement and other matters mutually agreed to by	83022
the public employer and the exclusive representative; except that	83023
the conciliator may attempt mediation at any time.	83024

(2) The conciliator shall hold a hearing within thirty days	83025
of the board's order to submit to a final offer settlement	83026
procedure, or as soon thereafter as is practicable.	83027

(3) The conciliator shall conduct the hearing pursuant to	83028
rules developed by the board. The conciliator shall establish the	83029
hearing time and place, but it shall be, where feasible, within	83030
the jurisdiction of the state. Not later than five calendar days	83031
before the hearing, each of the parties shall submit to the	83032
conciliator, to the opposing party, and to the board, a written	83033
report summarizing the unresolved issues, the party's final offer	83034
as to the issues, and the rationale for that position.	83035

(4) Upon the request by the conciliator, the board shall	83036
issue subpoenas for the hearing.	83037

(5) The conciliator may administer oaths.

83038

(6) The conciliator shall hear testimony from the parties and	83039
provide for a written record to be made of all statements at the	83040
hearing. The board shall submit for inclusion in the record and	83041
for consideration by the conciliator the written report and	83042
recommendation of the fact-finders.	83043

(7) After hearing, the conciliator shall resolve the dispute	83044
between the parties by selecting, on an issue-by-issue basis, from	83045
between each of the party's final settlement offers, taking into	83046
consideration the following:	83047

(a) Past collectively bargained agreements, if any, between	83048
the parties;	83049

(b) Comparison of the issues submitted to final offer	83050
settlement relative to the employees in the bargaining unit	83051
involved with those issues related to other public and private	83052
employees doing comparable work, giving consideration to factors	83053
peculiar to the area and classification involved;	83054

(c) The interests and welfare of the public, the ability of	83055
the public employer to finance and administer the issues proposed,	83056
and the effect of the adjustments on the normal standard of public	83057
service;	83058

(d) The lawful authority of the public employer;

83059

(e) The stipulations of the parties;

83060

(f) Such other factors, not confined to those listed in this	83061
section, which are normally or traditionally taken into	83062
consideration in the determination of the issues submitted to	83063
final offer settlement through voluntary collective bargaining,	83064
mediation, fact-finding, or other impasse resolution procedures in	83065
the public service or in private employment.	83066

(8) Final offer settlement awards made under Chapter 4117. of	83067
the Revised Code are subject to Chapter 2711. of the Revised Code.	83068

(9) If more than one conciliator is used, the determination	83069
must be by majority vote.	83070

(10) The conciliator shall make written findings of fact and	83071
promulgate a written opinion and order upon the issues presented	83072
to the conciliator, and upon the record made before the	83073
conciliator and shall mail or otherwise deliver a true copy	83074
thereof to the parties and the board.	83075

(11) Increases in rates of compensation and other matters	83076
with cost implications awarded by the conciliator may be effective	83077
only at the start of the fiscal year next commencing after the	83078
date of the final offer settlement award; provided that if a new	83079
fiscal year has commenced since the issuance of the board order to	83080
submit to a final offer settlement procedure, the awarded	83081
increases may be retroactive to the commencement of the new fiscal	83082
year. The parties may, at any time, amend or modify a	83083
conciliator's award or order by mutual agreement.	83084

(12) The parties shall bear equally the cost of the final	83085
offer settlement procedure.	83086

(13) Conciliators appointed pursuant to this section shall be	83087
residents of the state.	83088

(H) All final offer settlement awards and orders of the	83089
conciliator made pursuant to Chapter 4117. of the Revised Code are	83090
subject to review by the court of common pleas having jurisdiction	83091
over the public employer as provided in Chapter 2711. of the	83092
Revised Code. If the public employer is located in more than one	83093
court of common pleas district, the court of common pleas in which	83094
the principal office of the chief executive is located has	83095
jurisdiction.	83096

(I) The issuance of a final offer settlement award	83097
constitutes a binding mandate to the public employer and the	83098
exclusive representative to take whatever actions are necessary to	83099
implement the award.	83100

Sec. 4117.15. (A) Whenever a strike by members of a police	83101
or fire department, members of the state highway patrol, deputy	83102
sheriffs, dispatchers employed by a police, fire, or sheriff's	83103
department or the state highway patrol or civilian dispatchers	83104
employed by a public employer other than a police, fire, or	83105
sheriff's department to dispatch police, fire, sheriff's	83106
department, or emergency medical or rescue personnel and units, an	83107
exclusive nurse's unit, employees of the state school for the deaf	83108
or the state school for the blind, employees of any public	83109
employee retirement system, correction officers, guards at penal	83110
or mental institutions, or special police officers appointed in	83111
accordance with sections ~~5119.14~~5119.08 and 5123.13 of the	83112
Revised Code, psychiatric attendants employed at mental health	83113
forensic facilities, youth leaders employed at juvenile	83114
correctional facilities, or members of a law enforcement security	83115
force that is established and maintained exclusively by a board of	83116
county commissioners and whose members are employed by that board,	83117
a strike by other public employees during the pendency of the	83118
settlement procedures set forth in section 4117.14 of the Revised	83119
Code, or a strike during the term or extended term of a collective	83120
bargaining agreement occurs, the public employer may seek an	83121
injunction against the strike in the court of common pleas of the	83122
county in which the strike is located.	83123

(B) An unfair labor practice by a public employer is not a	83124
defense to the injunction proceeding noted in division (A) of this	83125
section. Allegations of unfair labor practices during the	83126
settlement procedures set forth in section 4117.14 of the Revised	83127
Code shall receive priority by the state employment relations	83128
board.	83129

(C) No public employee is entitled to pay or compensation	83130
from the public employer for the period engaged in any strike.	83131

Sec. 4121.44. (A) The administrator of workers' compensation	83132
shall oversee the implementation of the Ohio workers' compensation	83133
qualified health plan system as established under section 4121.442	83134
of the Revised Code.	83135

(B) The administrator shall direct the implementation of the	83136
health partnership program administered by the bureau as set forth	83137
in section 4121.441 of the Revised Code. To implement the health	83138
partnership program and to ensure the efficiency and effectiveness	83139
of the public services provided through the program, the bureau:	83140

(1) Shall certify one or more external vendors, which shall	83141
be known as "managed care organizations," to provide medical	83142
management and cost containment services in the health partnership	83143
program for a period of two years beginning on the date of	83144
certification, consistent with the standards established under	83145
this section;	83146

(2) May recertify ~~external vendors~~managed care organizations	83147
for additional periods of two years; and	83148

(3) May integrate the certified ~~vendors~~managed care	83149
organizations with bureau staff and existing bureau services for	83150
purposes of operation and training to allow the bureau to assume	83151
operation of the health partnership program at the conclusion of	83152
the certification periods set forth in division (B)(1) or (2) of	83153
this section;	83154

(4) May enter into a contract with any managed care	83155
organization that is certified by the bureau, pursuant to division	83156
(B)(1) or (2) of this section, to provide medical management and	83157
cost containment services in the health partnership program.	83158

(C) A contract entered into pursuant to division (B)(4) of	83159
this section shall include both of the following:	83160

(1) Incentives that may be awarded by the administrator, at	83161
the administrator's discretion, based on compliance and	83162
performance of the managed care organization;	83163

(2) Penalties that may be imposed by the administrator, at	83164
the administrator's discretion, based on the failure of the	83165
managed care organization to reasonably comply with or perform	83166
terms of the contract, which may include termination of the	83167
contract.	83168

(D) Notwithstanding section 119.061 of the Revised Code, a	83169
contract entered into pursuant to division (B)(4) of this section	83170
may include provisions limiting, restricting, or regulating any	83171
marketing or advertising by the managed care organization, or by	83172
any individual or entity that is affiliated with or acting on	83173
behalf of the managed care organization, under the health	83174
partnership program.	83175

(E) No managed care organization shall receive compensation	83176
under the health partnership program unless the managed care	83177
organization has entered into a contract with the bureau pursuant	83178
to division (B)(4) of this section.	83179

(F) Any ~~vendor~~managed care organization selected shall	83180
demonstrate all of the following:	83181

(1) Arrangements and reimbursement agreements with a	83182
substantial number of the medical, professional and pharmacy	83183
providers currently being utilized by claimants.	83184

(2) Ability to accept a common format of medical bill data in	83185
an electronic fashion from any provider who wishes to submit	83186
medical bill data in that form.	83187

(3) A computer system able to handle the volume of medical	83188
bills and willingness to customize that system to the bureau's	83189
needs and to be operated by the ~~vendor's~~managed care	83190
organization's staff, bureau staff, or some combination of both	83191
staffs.	83192

(4) A prescription drug system where pharmacies on a	83193
statewide basis have access to the eligibility and pricing, at a	83194
discounted rate, of all prescription drugs.	83195

(5) A tracking system to record all telephone calls from	83196
claimants and providers regarding the status of submitted medical	83197
bills so as to be able to track each inquiry.	83198

(6) Data processing capacity to absorb all of the bureau's	83199
medical bill processing or at least that part of the processing	83200
which the bureau arranges to delegate.	83201

(7) Capacity to store, retrieve, array, simulate, and model	83202
in a relational mode all of the detailed medical bill data so that	83203
analysis can be performed in a variety of ways and so that the	83204
bureau and its governing authority can make informed decisions.	83205

(8) Wide variety of software programs which translate medical	83206
terminology into standard codes, and which reveal if a provider is	83207
manipulating the procedures codes, commonly called "unbundling."	83208

(9) Necessary professional staff to conduct, at a minimum,	83209
authorizations for treatment, medical necessity, utilization	83210
review, concurrent review, post-utilization review, and have the	83211
attendant computer system which supports such activity and	83212
measures the outcomes and the savings.	83213

(10) Management experience and flexibility to be able to	83214
react quickly to the needs of the bureau in the case of required	83215
change in federal or state requirements.	83216

~~(D)~~(G)(1) The administrator may decertify a managed care	83217
organization if the managed care organization does any of the	83218
following:	83219

(a) Fails to maintain any of the requirements set forth in	83220
division (F) of this section;	83221

(b) Fails to reasonably comply with or to perform in	83222
accordance with the terms of a contract entered into under	83223
division (B)(4) of this section;	83224

(c) Violates a rule adopted under section 4121.441 of the	83225
Revised Code.	83226

(2) The administrator shall provide each managed care	83227
organization that is being decertified pursuant to division (G)(1)	83228
of this section with written notice of the pending decertification	83229
and an opportunity for a hearing pursuant to rules adopted by the	83230
administrator.	83231

(H)(1) Information contained in a ~~vendor's~~managed care	83232
organization's application for certification in the health	83233
partnership program, and other information furnished to the bureau	83234
by a ~~vendor~~managed care organization for purposes of obtaining	83235
certification or to comply with performance and financial auditing	83236
requirements established by the administrator, is for the	83237
exclusive use and information of the bureau in the discharge of	83238
its official duties, and shall not be open to the public or be	83239
used in any court in any proceeding pending therein, unless the	83240
bureau is a party to the action or proceeding, but the information	83241
may be tabulated and published by the bureau in statistical form	83242
for the use and information of other state departments and the	83243
public. No employee of the bureau, except as otherwise authorized	83244
by the administrator, shall divulge any information secured by the	83245
employee while in the employ of the bureau in respect to a	83246
~~vendor's~~managed care organization's application for certification	83247
or in respect to the business or other trade processes of any	83248
~~vendor~~managed care organization to any person other than the	83249
administrator or to the employee's superior.	83250

(2) Notwithstanding the restrictions imposed by division	83251
~~(D)~~(H)(1) of this section, the governor, members of select or	83252
standing committees of the senate or house of representatives, the	83253
auditor of state, the attorney general, or their designees,	83254
pursuant to the authority granted in this chapter and Chapter	83255
4123. of the Revised Code, may examine any ~~vendor~~managed care	83256
organization application or other information furnished to the	83257
bureau by the ~~vendor~~managed care organization. None of those	83258
individuals shall divulge any information secured in the exercise	83259
of that authority in respect to a ~~vendor's~~managed care	83260
organization's application for certification or in respect to the	83261
business or other trade processes of any ~~vendor~~managed care	83262
organization to any person.	83263

~~(E)~~(I) On and after January 1, 2001, a ~~vendor~~managed care	83264
organization shall not be ~~any~~an insurance company holding a	83265
certificate of authority issued pursuant to Title XXXIX of the	83266
Revised Code or ~~any~~a health insuring corporation holding a	83267
certificate of authority under Chapter 1751. of the Revised Code.	83268

~~(F)~~(J) The administrator may limit freedom of choice of	83269
health care provider or supplier by requiring, beginning with the	83270
period set forth in division (B)(1) or (2) of this section, that	83271
claimants shall pay an appropriate out-of-plan copayment for	83272
selecting a medical provider not within the health partnership	83273
program as provided for in this section.	83274

~~(G)~~(K) The administrator, six months prior to the expiration	83275
of the bureau's certification or recertification of the ~~vendor or~~	83276
~~vendors~~managed care organizations as set forth in division (B)(1)	83277
or (2) of this section, may certify and provide evidence to the	83278
governor, the speaker of the house of representatives, and the	83279
president of the senate that the existing bureau staff is able to	83280
match or exceed the performance and outcomes of the ~~external~~	83281
~~vendor or vendors~~managed care organizations and that the bureau	83282
should be permitted to internally administer the health	83283
partnership program upon the expiration of the certification or	83284
recertification as set forth in division (B)(1) or (2) of this	83285
section.	83286

~~(H)~~(L) The administrator shall establish and operate a bureau	83287
of workers' compensation health care data program. The	83288
administrator shall develop reporting requirements from all	83289
employees, employers ~~and~~, medical providers, ~~medical vendors~~	83290
managed care organizations, and plans that participate in the	83291
workers' compensation system. The administrator shall do all of	83292
the following:	83293

(1) Utilize the collected data to measure and perform	83294
comparison analyses of costs, quality, appropriateness of medical	83295
care, and effectiveness of medical care delivered by all	83296
components of the workers' compensation system.	83297

(2) Compile data to support activities of the selected ~~vendor~~	83298
~~or vendors~~managed care organizations and to measure the outcomes	83299
and savings of the health partnership program.	83300

(3) Publish and report compiled data on the measures of	83301
outcomes and savings of the health partnership program and submit	83302
the report to the president of the senate, the speaker of the	83303
house of representatives, and the governor with the annual report	83304
prepared under division (F)(3) of section 4121.12 of the Revised	83305
Code. The administrator shall protect the confidentiality of all	83306
proprietary pricing data.	83307

~~(I)~~(M) Any rehabilitation facility the bureau operates is	83308
eligible for inclusion in the Ohio workers' compensation qualified	83309
health plan system or the health partnership program under the	83310
same terms as other providers within health care plans or the	83311
program.	83312

~~(J)~~(N) In areas outside the state or within the state where	83313
no qualified health plan or an inadequate number of providers	83314
within the health partnership program exist, the administrator	83315
shall permit employees to use a nonplan or nonprogram health care	83316
provider and shall pay the provider for the services or supplies	83317
provided to or on behalf of an employee for an injury or	83318
occupational disease that is compensable under this chapter or	83319
Chapter 4123., 4127., or 4131. of the Revised Code on a fee	83320
schedule the administrator adopts.	83321

~~(K)~~(O) No health care provider, whether certified or not,	83322
shall charge, assess, or otherwise attempt to collect from an	83323
employee, employer, a managed care organization, or the bureau any	83324
amount for covered services or supplies that is in excess of the	83325
allowed amount paid by a managed care organization, the bureau, or	83326
a qualified health plan.	83327

~~(L)~~(P) The administrator shall permit any employer or group	83328
of employers who agree to abide by the rules adopted under this	83329
section and sections 4121.441 and 4121.442 of the Revised Code to	83330
provide services or supplies to or on behalf of an employee for an	83331
injury or occupational disease that is compensable under this	83332
chapter or Chapter 4123., 4127., or 4131. of the Revised Code	83333
through qualified health plans of the Ohio workers' compensation	83334
qualified health plan system pursuant to section 4121.442 of the	83335
Revised Code or through the health partnership program pursuant to	83336
section 4121.441 of the Revised Code. No amount paid under the	83337
qualified health plan system pursuant to section 4121.442 of the	83338
Revised Code by an employer who is a state fund employer shall be	83339
charged to the employer's experience or otherwise be used in	83340
merit-rating or determining the risk of that employer for the	83341
purpose of the payment of premiums under this chapter, and if the	83342
employer is a self-insuring employer, the employer shall not	83343
include that amount in the paid compensation the employer reports	83344
under section 4123.35 of the Revised Code.	83345

Sec. 4121.441. (A) The administrator of workers'	83346
compensation, with the advice and consent of the bureau of	83347
workers' compensation board of directors, shall adopt rules under	83348
Chapter 119. of the Revised Code for the health care partnership	83349
program administered by the bureau of workers' compensation to	83350
provide medical, surgical, nursing, drug, hospital, and	83351
rehabilitation services and supplies to an employee for an injury	83352
or occupational disease that is compensable under this chapter or	83353
Chapter 4123., 4127., or 4131. of the Revised Code, and to	83354
regulate contracts with managed care organizations pursuant to	83355
this chapter.	83356

(1) The rules shall include, but are not limited to, the	83357
following:	83358

~~(1)~~(a) Procedures for the resolution of medical disputes	83359
between an employer and an employee, an employee and a provider,	83360
or an employer and a provider, prior to an appeal under section	83361
4123.511 of the Revised Code. Rules the administrator adopts	83362
pursuant to division (A)(1)(a) of this section may specify that	83363
the resolution procedures shall not be used to resolve disputes	83364
concerning medical services rendered that have been approved	83365
through standard treatment guidelines, pathways, or presumptive	83366
authorization guidelines.	83367

~~(2)~~(b) Prohibitions against discrimination against any	83368
category of health care providers;	83369

~~(3)~~(c) Procedures for reporting injuries to employers and the	83370
bureau by providers;	83371

~~(4)~~(d) Appropriate financial incentives to reduce service	83372
cost and insure proper system utilization without sacrificing the	83373
quality of service;	83374

~~(5)~~(e) Adequate methods of peer review, utilization review,	83375
quality assurance, and dispute resolution to prevent, and provide	83376
sanctions for, inappropriate, excessive or not medically necessary	83377
treatment;	83378

~~(6)~~(f) A timely and accurate method of collection of	83379
necessary information regarding medical and health care service	83380
and supply costs, quality, and utilization to enable the	83381
administrator to determine the effectiveness of the program;	83382

~~(7)~~(g) Provisions for necessary emergency medical treatment	83383
for an injury or occupational disease provided by a health care	83384
provider who is not part of the program;	83385

~~(8)~~(h) Discounted pricing for all in-patient and out-patient	83386
medical services, all professional services, and all	83387
pharmaceutical services;	83388

~~(9)~~(i) Provisions for provider referrals, pre-admission and	83389
post-admission approvals, second surgical opinions, and other cost	83390
management techniques;	83391

~~(10)~~(j) Antifraud mechanisms;

83392

~~(11)~~(k) Standards and criteria for the bureau to utilize in	83393
certifying or recertifying a health care provider or a ~~vendor~~	83394
managed care organization for participation in the health	83395
partnership program;	83396

~~(12)~~(l) Standards ~~and criteria~~ for the bureau to utilize in	83397
penalizing or decertifying a health care provider ~~or a vendor~~ from	83398
participation in the health partnership program.	83399

(2) Notwithstanding section 119.061 of the Revised Code, the	83400
rules may include provisions limiting, restricting, or regulating	83401
any marketing or advertising by a managed care organization, or by	83402
any individual or entity that is affiliated with or acting on	83403
behalf of the managed care organization, under the health	83404
partnership program.	83405

(B) The administrator shall implement the health partnership	83406
program according to the rules the administrator adopts under this	83407
section for the provision and payment of medical, surgical,	83408
nursing, drug, hospital, and rehabilitation services and supplies	83409
to an employee for an injury or occupational disease that is	83410
compensable under this chapter or Chapter 4123., 4127., or 4131.	83411
of the Revised Code."	83412

Sec. 4121.50. Not later than July 1, 2012, the administrator	83413
of workers' compensation shall adopt rules in accordance with	83414
Chapter 119. of the Revised Code to implement a coordinated	83415
services program for claimants under this chapter or Chapter	83416
4123., 4127., or 4131. of the Revised Code who are found to have	83417
obtained prescription drugs that were reimbursed pursuant to an	83418
order of the administrator or of the industrial commission or by a	83419
self-insuring employer but were obtained at a frequency or in an	83420
amount that is not medically necessary. The program shall be	83421
implemented in a manner that is substantially similar to the	83422
coordinated services programs established for the medicaid program	83423
under ~~section 5111.085~~sections 5164.758 and ~~5111.179~~5167.13 of	83424
the Revised Code.	83425

Sec. 4121.69. (A) The administrator of workers' compensation	83426
may establish compensation plans, including schedules of hourly	83427
rates, for the compensation of professional, administrative, and	83428
managerial employees who are employed to fulfill the duties placed	83429
upon the bureau of workers' compensation pursuant to sections	83430
4121.61 to 4121.69 of the Revised Code. The administrator may	83431
establish rules or policies for the administration of the	83432
respective compensation plans.	83433

This division does not apply to employees for whom the state	83434
employment relations board establishes appropriate bargaining	83435
units pursuant to section 4117.06 of the Revised Code.	83436

(B) The administrator may employ the services and resources	83437
of any public entity or private person, business, or association	83438
in fulfilling the duties placed upon the bureau of workers'	83439
compensation by sections 4121.61 to 4121.69 of the Revised Code.	83440
The ~~rehabilitation services commission~~opportunities for Ohioans	83441
with disabilities agency, the director of job and family services,	83442
and any other public officer, employee, or agency shall give to	83443
the bureau of workers' compensation full cooperation and, at the	83444
request of the administrator, enter into a written agreement	83445
stating the procedures and criteria for referring, accepting, and	83446
providing services to claimants in the job placement and	83447
rehabilitation efforts of the bureau of workers' compensation on	83448
behalf of a claimant when referred by the bureau of workers'	83449
compensation.	83450

(C) In appropriate cases, the bureau may refer a candidate to	83451
the ~~rehabilitation services commission~~opportunities for Ohioans	83452
with disabilities agency for participation in a program of the	83453
~~commission~~agency. For that purpose, the bureau of workers'	83454
compensation shall compensate the ~~commission~~agency for the	83455
nonfederal portion of its services.	83456

Sec. 4123.32. The administrator of workers' compensation,	83457
with the advice and consent of the bureau of workers' compensation	83458
board of directors, shall adopt rules with respect to the	83459
collection, maintenance, and disbursements of the state insurance	83460
fund including all of the following:	83461

(A) A rule providing that the premium security deposit	83462
collected from any employer entitles the employer to the benefits	83463
of this chapter for the remainder of the six months and also for	83464
an additional adjustment period of two months, and, thereafter, if	83465
the employer pays the premium due at the close of any six-month	83466
period, coverage shall be extended for an additional eight-month	83467
period beginning from the end of the six-month period for which	83468
the employer pays the premium due;	83469

(B) A rule providing for ascertaining the correctness of any	83470
employer's report of estimated or actual expenditure of wages and	83471
the determination and adjustment of proper premiums and the	83472
payment of those premiums by the employer for or during any period	83473
less than eight months and notwithstanding any payment or	83474
determination of premium made when exceptional conditions or	83475
circumstances in the judgment of the administrator justify the	83476
action;	83477

(C) Such special rules as the administrator considers	83478
necessary to safeguard the fund and that are just in the	83479
circumstances, covering the rates to be applied where one employer	83480
takes over the occupation or industry of another or where an	83481
employer first makes application for state insurance, and the	83482
administrator may require that if any employer transfers a	83483
business in whole or in part or otherwise reorganizes the	83484
business, the successor in interest shall assume, in proportion to	83485
the extent of the transfer, as determined by the administrator,	83486
the employer's account and shall continue the payment of all	83487
contributions due under this chapter;	83488

(D) A rule providing that an employer who employs an employee	83489
covered under the federal "Longshore and Harbor Workers'	83490
Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and this	83491
chapter and Chapter 4121. of the Revised Code shall be assessed a	83492
premium in accordance with the expenditure of wages, payroll, or	83493
both attributable to only labor performed and services provided by	83494
such an employee when the employee performs labor and provides	83495
services for which the employee is not eligible to receive	83496
compensation and benefits under that federal act.	83497

(E) A rule providing for all of the following:

83498

(1) If, within two months immediately after the expiration of	83499
the six-month period, an employer fails to file a report of the	83500
employer's actual payroll expenditures for the period, the premium	83501
found to be due from the employer for the period shall be	83502
increased in an amount equal to one per cent of the premium, but	83503
the increase shall not be less than three nor more than fifteen	83504
dollars;	83505

(2) The premium determined by the administrator to be due	83506
from an employer shall be payable on or before the end of the	83507
coverage period established by the premium security deposit, or	83508
within the time specified by the administrator if the period for	83509
which the advance premium has been paid is less than eight months.	83510
If an employer fails to pay the premium when due, the	83511
administrator may add a late fee penalty of not more than thirty	83512
dollars to the premium plus an additional penalty amount as	83513
follows:	83514

(a) For a premium from sixty-one to ninety days past due, the	83515
prime interest rate, multiplied by the premium due;	83516

(b) For a premium from ninety-one to one hundred twenty days	83517
past due, the prime interest rate plus two per cent, multiplied by	83518
the premium due;	83519

(c) For a premium from one hundred twenty-one to one hundred	83520
fifty days past due, the prime interest rate plus four per cent,	83521
multiplied by the premium due;	83522

(d) For a premium from one hundred fifty-one to one hundred	83523
eighty days past due, the prime interest rate plus six per cent,	83524
multiplied by the premium due;	83525

(e) For a premium from one hundred eighty-one to two hundred	83526
ten days past due, the prime interest rate plus eight per cent,	83527
multiplied by the premium due;	83528

(f) For each additional thirty-day period or portion thereof	83529
that a premium remains past due after it has remained past due for	83530
more than two hundred ten days, the prime interest rate plus eight	83531
per cent, multiplied by the premium due.	83532

(3) Notwithstanding the interest rates specified in division	83533
(E)(2) of this section, at no time shall the additional penalty	83534
amount assessed under division (E)(2) of this section exceed	83535
fifteen per cent of the premium due.	83536

(4) An employer may appeal a late fee penalty or additional	83537
penalty to an adjudicating committee pursuant to section 4123.291	83538
of the Revised Code.	83539

For purposes of division (E) of this section, "prime interest	83540
rate" means the average bank prime rate, and the administrator	83541
shall determine the prime interest rate in the same manner as a	83542
county auditor determines the average bank prime rate under	83543
section 929.02 of the Revised Code.	83544

(5) If the employer files an appropriate payroll report,	83545
within the time provided by law or within the time specified by	83546
the administrator if the period for which the employer paid an	83547
estimated premium is less than eight months, the employer shall	83548
not be in default and division (E)(2) of this section shall not	83549
apply if the employer pays the premiums within fifteen days after	83550
being first notified by the administrator of the amount due.	83551

(6) Any deficiencies in the amounts of the premium security	83552
deposit paid by an employer for any period shall be subject to an	83553
interest charge of six per cent per annum from the date the	83554
premium obligation is incurred. In determining the interest due on	83555
deficiencies in premium security deposit payments, a charge in	83556
each case shall be made against the employer in an amount equal to	83557
interest at the rate of six per cent per annum on the premium	83558
security deposit due but remaining unpaid sixty days after notice	83559
by the administrator.	83560

(7) Any interest charges or penalties provided for in	83561
divisions (E)(2) and (6) of this section shall be credited to the	83562
employer's account for rating purposes in the same manner as	83563
premiums.	83564

(F) A rule providing that each employer, on the occasion of	83565
instituting coverage under this chapter, shall submit a premium	83566
security deposit. The deposit shall be calculated equivalent to	83567
thirty per cent of the semiannual premium obligation of the	83568
employer based upon the employer's estimated expenditure for wages	83569
for the ensuing six-month period plus thirty per cent of an	83570
additional adjustment period of two months but only up to a	83571
maximum of one thousand dollars and not less than ten dollars. The	83572
administrator shall review the security deposit of every employer	83573
who has submitted a deposit which is less than the	83574
one-thousand-dollar maximum. The administrator may require any	83575
such employer to submit additional money up to the maximum of one	83576
thousand dollars that, in the administrator's opinion, reflects	83577
the employer's current payroll expenditure for an eight-month	83578
period.	83579

(G) A rule providing that each employer, on the occasion of	83580
instituting coverage under this chapter, shall submit an	83581
application for coverage that completely provides all of the	83582
information required for the administrator to establish coverage	83583
for that employer, and that the employer's failure to provide all	83584
of the information completely may be grounds for the administrator	83585
to deny coverage for that employer.	83586

(H) A rule providing that, in addition to any other remedies	83587
permitted in this chapter, the administrator may discontinue an	83588
employer's coverage if the employer fails to pay the premium due	83589
on or before the premium's due date.	83590

(I) A rule providing that if after a final adjudication it is	83591
determined that an employer has failed to pay an obligation,	83592
billing, account, or assessment that is greater than one thousand	83593
dollars on or before its due date, the administrator may	83594
discontinue the employer's coverage in addition to any other	83595
remedies permitted in this chapter, and that the administrator	83596
shall not discontinue an employer's coverage pursuant to this	83597
division prior to a final adjudication regarding the employer's	83598
failure to pay such obligation, billing, account, or assessment on	83599
or before its due date.	83600

(J) As used in divisions (H) and (I) of this section:

83601

(1) "Employer" has the same meaning as in division (B) of	83602
section 4123.01 of the Revised Code except that "employer" does	83603
not include the state, a state hospital, or a state university or	83604
college.	83605

(2) "State university or college" has the same meaning as in	83606
section 3345.12 of the Revised Code and also includes the Ohio	83607
agricultural research and development center and ~~the Ohio state~~	83608
~~university cooperative~~OSU extension ~~service~~.	83609

(3) "State hospital" means the Ohio state university hospital	83610
and its ancillary facilities and the medical university of Ohio at	83611
Toledo hospital.	83612

Sec. 4123.322. (A) Notwithstanding any provision to the	83613
contrary in section 4123.32 or 4123.41 of the Revised Code, the	83614
administrator of workers' compensation, with the advice and	83615
consent of the bureau of workers' compensation board of directors,	83616
may adopt rules with respect to the collection, maintenance, and	83617
disbursements of the state insurance fund to provide for a system	83618
of prospective payment of workers' compensation premiums. If the	83619
administrator elects to adopt rules establishing a prospective	83620
payment system, those rules shall include all of the following:	83621

(1) A requirement that, notwithstanding section 4123.26 of	83622
the Revised Code, on or before the thirtieth day of June of each	83623
year, or such other date as the administrator establishes, every	83624
employer mentioned in division (B)(2) of section 4123.01 of the	83625
Revised Code shall file with the bureau of workers' compensation	83626
an estimate of the employer's payroll for the immediately	83627
following twelve-month period or other period as the administrator	83628
establishes;	83629

(2) A requirement that upon an initial application for	83630
coverage, an employer mentioned in division (B)(2) of section	83631
4123.01 of the Revised Code shall file with the application an	83632
estimate of the employer's payroll for the unexpired period from	83633
the date of application to the period ending on the following	83634
thirtieth day of June or other date as established by the	83635
administrator pursuant to division (A)(1) of this section, and	83636
shall pay the amount the administrator determines by rule in order	83637
to establish coverage for the employer as described in division	83638
(B)(12) of section 4121.121 of the Revised Code;	83639

(3) A requirement that, notwithstanding section 4123.26 or	83640
4123.41 of the Revised Code, on or before the first day of January	83641
of each year, or such other date as the administrator establishes,	83642
every employer mentioned in division (B)(1) of section 4123.01 of	83643
the Revised Code, except for a state agency or a state university	83644
or college, shall file with the bureau an estimate of the	83645
employer's payroll for the immediately following twelve-month	83646
period or other period as the administrator establishes;	83647

(4) A requirement that upon an initial application for	83648
coverage, an employer mentioned in division (B)(1) of section	83649
4123.01 of the Revised Code, except for a state agency or state	83650
university or college, shall file with the application an estimate	83651
of the employer's payroll for the unexpired period from the date	83652
of application to the period ending on the following thirty-first	83653
day of December or other date as established by the administrator	83654
pursuant to division (A)(3) of this section, and shall pay the	83655
amount the administrator determines by rule in order to establish	83656
coverage for the employer as described in division (B)(12) of	83657
section 4121.121 of the Revised Code;	83658

(5) The assessment of a penalty if an employer fails to	83659
timely file the estimates of payroll required by the rules adopted	83660
pursuant to this section;	83661

(6) A requirement that an employer complete periodic payroll	83662
reports of actual expenditures for previous coverage periods for	83663
reconciliation with estimated payroll reports;	83664

(7) The assessment of a penalty for late payroll	83665
reconciliation reports and for late payment of any reconciliation	83666
premium;	83667

(8) The establishment of a transition period during which	83668
time the bureau shall determine the adequacy of existing premium	83669
security deposits of employers, the establishment of provisions	83670
for additional premium payments during that transition, the	83671
provision of a credit of those deposits toward the first premium	83672
due from an employer under the rules adopted under divisions	83673
(A)(1) to (7) of this section, and the establishment of penalties	83674
for late payment or failure to comply with the rules.	83675

(B) For purposes of division (A)(6) of this section, an	83676
employer shall make timely payment of any premium owed when actual	83677
payroll expenditures exceeded estimated payroll, and the employer	83678
shall receive premium credit when the estimated payroll exceeded	83679
the actual payroll.	83680

(C) For purposes of division (A)(7) of this section, if the	83681
employer's actual payroll substantially exceeds the estimated	83682
payroll, the administrator may assess additional penalties	83683
specified in rules the administrator adopts on the reconciliation	83684
premium.	83685

(D) As used in this section, "state university or college"	83686
has the same meaning as in section 4123.32 of the Revised Code.	83687

Sec. 4123.35. (A) Except as provided in this section, every	83688
employer mentioned in division (B)(2) of section 4123.01 of the	83689
Revised Code, and every publicly owned utility shall pay	83690
semiannually in the months of January and July into the state	83691
insurance fund the amount of annual premium the administrator of	83692
workers' compensation fixes for the employment or occupation of	83693
the employer, the amount of which premium to be paid by each	83694
employer to be determined by the classifications, rules, and rates	83695
made and published by the administrator. The employer shall pay	83696
semiannually a further sum of money into the state insurance fund	83697
as may be ascertained to be due from the employer by applying the	83698
rules of the administrator, and a receipt or certificate	83699
certifying that payment has been made, along with a written notice	83700
as is required in section 4123.54 of the Revised Code, shall be	83701
mailed immediately to the employer by the bureau of workers'	83702
compensation. The receipt or certificate is prima-facie evidence	83703
of the payment of the premium, and the proper posting of the	83704
notice constitutes the employer's compliance with the notice	83705
requirement mandated in section 4123.54 of the Revised Code.	83706

If the administrator adopts rules to establish a prospective	83707
payment of premium under section 4123.322 of the Revised Code,	83708
every employer mentioned in division (B)(2) of section 4123.01 of	83709
the Revised Code and every publicly owned utility shall pay into	83710
the state insurance fund the amount of premium the administrator	83711
fixes for the employment or occupation of the employer, the amount	83712
of which premium to be paid by each employer to be determined by	83713
the classifications, rules, and rates made and published by the	83714
administrator and based upon the estimates and reconciliations	83715
required by the rules the administrator adopts under section	83716
4123.322 of the Revised Code.	83717

The bureau of workers' compensation shall verify with the	83718
secretary of state the existence of all corporations and	83719
organizations making application for workers' compensation	83720
coverage and shall require every such application to include the	83721
employer's federal identification number.	83722

An employer as defined in division (B)(2) of section 4123.01	83723
of the Revised Code who has contracted with a subcontractor is	83724
liable for the unpaid premium due from any subcontractor with	83725
respect to that part of the payroll of the subcontractor that is	83726
for work performed pursuant to the contract with the employer.	83727

Division (A) of this section providing for the payment of	83728
premiums semiannually does not apply to any employer who was a	83729
subscriber to the state insurance fund prior to January 1, 1914,	83730
or who may first become a subscriber to the fund in any month	83731
other than January or July. Instead, the semiannual premiums shall	83732
be paid by those employers from time to time upon the expiration	83733
of the respective periods for which payments into the fund have	83734
been made by them.	83735

The administrator shall adopt rules to permit employers to	83736
make periodic payments of the semiannual premium due under this	83737
division. The rules shall include provisions for the assessment of	83738
interest charges, where appropriate, and for the assessment of	83739
penalties when an employer fails to make timely premium payments.	83740
An employer who timely pays the amounts due under this division is	83741
entitled to all of the benefits and protections of this chapter.	83742
Upon receipt of payment, the bureau immediately shall mail a	83743
receipt or certificate to the employer certifying that payment has	83744
been made, which receipt is prima-facie evidence of payment.	83745
Workers' compensation coverage under this chapter continues	83746
uninterrupted upon timely receipt of payment under this division.	83747

Every public employer, except public employers that are	83748
self-insuring employers under this section, shall comply with	83749
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in	83750
regard to the contribution of moneys to the public insurance fund.	83751

(B) Employers who will abide by the rules of the	83752
administrator and who may be of sufficient financial ability to	83753
render certain the payment of compensation to injured employees or	83754
the dependents of killed employees, and the furnishing of medical,	83755
surgical, nursing, and hospital attention and services and	83756
medicines, and funeral expenses, equal to or greater than is	83757
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64	83758
to 4123.67 of the Revised Code, and who do not desire to insure	83759
the payment thereof or indemnify themselves against loss sustained	83760
by the direct payment thereof, upon a finding of such facts by the	83761
administrator, may be granted the privilege to pay individually	83762
compensation, and furnish medical, surgical, nursing, and hospital	83763
services and attention and funeral expenses directly to injured	83764
employees or the dependents of killed employees, thereby being	83765
granted status as a self-insuring employer. The administrator may	83766
charge employers who apply for the status as a self-insuring	83767
employer a reasonable application fee to cover the bureau's costs	83768
in connection with processing and making a determination with	83769
respect to an application.	83770

All employers granted status as self-insuring employers shall	83771
demonstrate sufficient financial and administrative ability to	83772
assure that all obligations under this section are promptly met.	83773
The administrator shall deny the privilege where the employer is	83774
unable to demonstrate the employer's ability to promptly meet all	83775
the obligations imposed on the employer by this section.	83776

(1) The administrator shall consider, but is not limited to,	83777
the following factors, where applicable, in determining the	83778
employer's ability to meet all of the obligations imposed on the	83779
employer by this section:	83780

(a) The employer employs a minimum of five hundred employees	83781
in this state;	83782

(b) The employer has operated in this state for a minimum of	83783
two years, provided that an employer who has purchased, acquired,	83784
or otherwise succeeded to the operation of a business, or any part	83785
thereof, situated in this state that has operated for at least two	83786
years in this state, also shall qualify;	83787

(c) Where the employer previously contributed to the state	83788
insurance fund or is a successor employer as defined by bureau	83789
rules, the amount of the buyout, as defined by bureau rules;	83790

(d) The sufficiency of the employer's assets located in this	83791
state to insure the employer's solvency in paying compensation	83792
directly;	83793

(e) The financial records, documents, and data, certified by	83794
a certified public accountant, necessary to provide the employer's	83795
full financial disclosure. The records, documents, and data	83796
include, but are not limited to, balance sheets and profit and	83797
loss history for the current year and previous four years.	83798

(f) The employer's organizational plan for the administration	83799
of the workers' compensation law;	83800

(g) The employer's proposed plan to inform employees of the	83801
change from a state fund insurer to a self-insuring employer, the	83802
procedures the employer will follow as a self-insuring employer,	83803
and the employees' rights to compensation and benefits; and	83804

(h) The employer has either an account in a financial	83805
institution in this state, or if the employer maintains an account	83806
with a financial institution outside this state, ensures that	83807
workers' compensation checks are drawn from the same account as	83808
payroll checks or the employer clearly indicates that payment will	83809
be honored by a financial institution in this state.	83810

The administrator may waive the requirements of divisions	83811
(B)(1)(a) and (b) of this section and the requirement of division	83812
(B)(1)(e) of this section that the financial records, documents,	83813
and data be certified by a certified public accountant. The	83814
administrator shall adopt rules establishing the criteria that an	83815
employer shall meet in order for the administrator to waive the	83816
~~requirement~~requirements of ~~division~~divisions (B)(1)(a), (b), and	83817
(e) of this section. Such rules may require additional security of	83818
that employer pursuant to division (E) of section 4123.351 of the	83819
Revised Code.	83820

The administrator shall not grant the status of self-insuring	83821
employer to the state, except that the administrator may grant the	83822
status of self-insuring employer to a state institution of higher	83823
education, including its hospitals, that meets the requirements of	83824
division (B)(2) of this section.	83825

(2) When considering the application of a public employer,	83826
except for a board of county commissioners described in division	83827
(G) of section 4123.01 of the Revised Code, a board of a county	83828
hospital, or a publicly owned utility, the administrator shall	83829
verify that the public employer satisfies all of the following	83830
requirements as the requirements apply to that public employer:	83831

(a) For the two-year period preceding application under this	83832
section, the public employer has maintained an unvoted debt	83833
capacity equal to at least two times the amount of the current	83834
annual premium established by the administrator under this chapter	83835
for that public employer for the year immediately preceding the	83836
year in which the public employer makes application under this	83837
section.	83838

(b) For each of the two fiscal years preceding application	83839
under this section, the unreserved and undesignated year-end fund	83840
balance in the public employer's general fund is equal to at least	83841
five per cent of the public employer's general fund revenues for	83842
the fiscal year computed in accordance with generally accepted	83843
accounting principles.	83844

(c) For the five-year period preceding application under this	83845
section, the public employer, to the extent applicable, has	83846
complied fully with the continuing disclosure requirements	83847
established in rules adopted by the United States securities and	83848
exchange commission under 17 C.F.R. 240.15c 2-12.	83849

(d) For the five-year period preceding application under this	83850
section, the public employer has not had its local government fund	83851
distribution withheld on account of the public employer being	83852
indebted or otherwise obligated to the state.	83853

(e) For the five-year period preceding application under this	83854
section, the public employer has not been under a fiscal watch or	83855
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03	83856
of the Revised Code.	83857

(f) For the public employer's fiscal year preceding	83858
application under this section, the public employer has obtained	83859
an annual financial audit as required under section 117.10 of the	83860
Revised Code, which has been released by the auditor of state	83861
within seven months after the end of the public employer's fiscal	83862
year.	83863

(g) On the date of application, the public employer holds a	83864
debt rating of Aa3 or higher according to Moody's investors	83865
service, inc., or a comparable rating by an independent rating	83866
agency similar to Moody's investors service, inc.	83867

(h) The public employer agrees to generate an annual	83868
accumulating book reserve in its financial statements reflecting	83869
an actuarially generated reserve adequate to pay projected claims	83870
under this chapter for the applicable period of time, as	83871
determined by the administrator.	83872

(i) For a public employer that is a hospital, the public	83873
employer shall submit audited financial statements showing the	83874
hospital's overall liquidity characteristics, and the	83875
administrator shall determine, on an individual basis, whether the	83876
public employer satisfies liquidity standards equivalent to the	83877
liquidity standards of other public employers.	83878

(j) Any additional criteria that the administrator adopts by	83879
rule pursuant to division (E) of this section.	83880

The administrator may adopt rules establishing the criteria	83881
that a public employer shall satisfy in order for the	83882
administrator to waive any of the requirements listed in divisions	83883
(B)(2)(a) to (j) of this section. The rules may require additional	83884
security from that employer pursuant to division (E) of section	83885
4123.351 of the Revised Code. The administrator shall not waive	83886
any of the requirements listed in divisions (B)(2)(a) to (j) of	83887
this section for a public employer who does not satisfy the	83888
criteria established in the rules the administrator adopts.	83889

(C) A board of county commissioners described in division (G)	83890
of section 4123.01 of the Revised Code, as an employer, that will	83891
abide by the rules of the administrator and that may be of	83892
sufficient financial ability to render certain the payment of	83893
compensation to injured employees or the dependents of killed	83894
employees, and the furnishing of medical, surgical, nursing, and	83895
hospital attention and services and medicines, and funeral	83896
expenses, equal to or greater than is provided for in sections	83897
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised	83898
Code, and that does not desire to insure the payment thereof or	83899
indemnify itself against loss sustained by the direct payment	83900
thereof, upon a finding of such facts by the administrator, may be	83901
granted the privilege to pay individually compensation, and	83902
furnish medical, surgical, nursing, and hospital services and	83903
attention and funeral expenses directly to injured employees or	83904
the dependents of killed employees, thereby being granted status	83905
as a self-insuring employer. The administrator may charge a board	83906
of county commissioners described in division (G) of section	83907
4123.01 of the Revised Code that applies for the status as a	83908
self-insuring employer a reasonable application fee to cover the	83909
bureau's costs in connection with processing and making a	83910
determination with respect to an application. All employers	83911
granted such status shall demonstrate sufficient financial and	83912
administrative ability to assure that all obligations under this	83913
section are promptly met. The administrator shall deny the	83914
privilege where the employer is unable to demonstrate the	83915
employer's ability to promptly meet all the obligations imposed on	83916
the employer by this section. The administrator shall consider,	83917
but is not limited to, the following factors, where applicable, in	83918
determining the employer's ability to meet all of the obligations	83919
imposed on the board as an employer by this section:	83920

(1) The board as an employer employs a minimum of five	83921
hundred employees in this state;	83922

(2) The board has operated in this state for a minimum of two	83923
years;	83924

(3) Where the board previously contributed to the state	83925
insurance fund or is a successor employer as defined by bureau	83926
rules, the amount of the buyout, as defined by bureau rules;	83927

(4) The sufficiency of the board's assets located in this	83928
state to insure the board's solvency in paying compensation	83929
directly;	83930

(5) The financial records, documents, and data, certified by	83931
a certified public accountant, necessary to provide the board's	83932
full financial disclosure. The records, documents, and data	83933
include, but are not limited to, balance sheets and profit and	83934
loss history for the current year and previous four years.	83935

(6) The board's organizational plan for the administration of	83936
the workers' compensation law;	83937

(7) The board's proposed plan to inform employees of the	83938
proposed self-insurance, the procedures the board will follow as a	83939
self-insuring employer, and the employees' rights to compensation	83940
and benefits;	83941

(8) The board has either an account in a financial	83942
institution in this state, or if the board maintains an account	83943
with a financial institution outside this state, ensures that	83944
workers' compensation checks are drawn from the same account as	83945
payroll checks or the board clearly indicates that payment will be	83946
honored by a financial institution in this state;	83947

(9) The board shall provide the administrator a surety bond	83948
in an amount equal to one hundred twenty-five per cent of the	83949
projected losses as determined by the administrator.	83950

(D) The administrator shall require a surety bond from all	83951
self-insuring employers, issued pursuant to section 4123.351 of	83952
the Revised Code, that is sufficient to compel, or secure to	83953
injured employees, or to the dependents of employees killed, the	83954
payment of compensation and expenses, which shall in no event be	83955
less than that paid or furnished out of the state insurance fund	83956
in similar cases to injured employees or to dependents of killed	83957
employees whose employers contribute to the fund, except when an	83958
employee of the employer, who has suffered the loss of a hand,	83959
arm, foot, leg, or eye prior to the injury for which compensation	83960
is to be paid, and thereafter suffers the loss of any other of the	83961
members as the result of any injury sustained in the course of and	83962
arising out of the employee's employment, the compensation to be	83963
paid by the self-insuring employer is limited to the disability	83964
suffered in the subsequent injury, additional compensation, if	83965
any, to be paid by the bureau out of the surplus created by	83966
section 4123.34 of the Revised Code.	83967

(E) In addition to the requirements of this section, the	83968
administrator shall make and publish rules governing the manner of	83969
making application and the nature and extent of the proof required	83970
to justify a finding of fact by the administrator as to granting	83971
the status of a self-insuring employer, which rules shall be	83972
general in their application, one of which rules shall provide	83973
that all self-insuring employers shall pay into the state	83974
insurance fund such amounts as are required to be credited to the	83975
surplus fund in division (B) of section 4123.34 of the Revised	83976
Code. The administrator may adopt rules establishing requirements	83977
in addition to the requirements described in division (B)(2) of	83978
this section that a public employer shall meet in order to qualify	83979
for self-insuring status.	83980

Employers shall secure directly from the bureau central	83981
offices application forms upon which the bureau shall stamp a	83982
designating number. Prior to submission of an application, an	83983
employer shall make available to the bureau, and the bureau shall	83984
review, the information described in division (B)(1) of this	83985
section, and public employers shall make available, and the bureau	83986
shall review, the information necessary to verify whether the	83987
public employer meets the requirements listed in division (B)(2)	83988
of this section. An employer shall file the completed application	83989
forms with an application fee, which shall cover the costs of	83990
processing the application, as established by the administrator,	83991
by rule, with the bureau at least ninety days prior to the	83992
effective date of the employer's new status as a self-insuring	83993
employer. The application form is not deemed complete until all	83994
the required information is attached thereto. The bureau shall	83995
only accept applications that contain the required information.	83996

(F) The bureau shall review completed applications within a	83997
reasonable time. If the bureau determines to grant an employer the	83998
status as a self-insuring employer, the bureau shall issue a	83999
statement, containing its findings of fact, that is prepared by	84000
the bureau and signed by the administrator. If the bureau	84001
determines not to grant the status as a self-insuring employer,	84002
the bureau shall notify the employer of the determination and	84003
require the employer to continue to pay its full premium into the	84004
state insurance fund. The administrator also shall adopt rules	84005
establishing a minimum level of performance as a criterion for	84006
granting and maintaining the status as a self-insuring employer	84007
and fixing time limits beyond which failure of the self-insuring	84008
employer to provide for the necessary medical examinations and	84009
evaluations may not delay a decision on a claim.	84010

(G) The administrator shall adopt rules setting forth	84011
procedures for auditing the program of self-insuring employers.	84012
The bureau shall conduct the audit upon a random basis or whenever	84013
the bureau has grounds for believing that a self-insuring employer	84014
is not in full compliance with bureau rules or this chapter.	84015

The administrator shall monitor the programs conducted by	84016
self-insuring employers, to ensure compliance with bureau	84017
requirements and for that purpose, shall develop and issue to	84018
self-insuring employers standardized forms for use by the	84019
self-insuring employer in all aspects of the self-insuring	84020
employers' direct compensation program and for reporting of	84021
information to the bureau.	84022

The bureau shall receive and transmit to the self-insuring	84023
employer all complaints concerning any self-insuring employer. In	84024
the case of a complaint against a self-insuring employer, the	84025
administrator shall handle the complaint through the	84026
self-insurance division of the bureau. The bureau shall maintain a	84027
file by employer of all complaints received that relate to the	84028
employer. The bureau shall evaluate each complaint and take	84029
appropriate action.	84030

The administrator shall adopt as a rule a prohibition against	84031
any self-insuring employer from harassing, dismissing, or	84032
otherwise disciplining any employee making a complaint, which rule	84033
shall provide for a financial penalty to be levied by the	84034
administrator payable by the offending self-insuring employer.	84035

(H) For the purpose of making determinations as to whether to	84036
grant status as a self-insuring employer, the administrator may	84037
subscribe to and pay for a credit reporting service that offers	84038
financial and other business information about individual	84039
employers. The costs in connection with the bureau's subscription	84040
or individual reports from the service about an applicant may be	84041
included in the application fee charged employers under this	84042
section.	84043

(I) The administrator, notwithstanding other provisions of	84044
this chapter, may permit a self-insuring employer to resume	84045
payment of premiums to the state insurance fund with appropriate	84046
credit modifications to the employer's basic premium rate as such	84047
rate is determined pursuant to section 4123.29 of the Revised	84048
Code.	84049

(J) On the first day of July of each year, the administrator	84050
shall calculate separately each self-insuring employer's	84051
assessments for the safety and hygiene fund, administrative costs	84052
pursuant to section 4123.342 of the Revised Code, and for the	84053
portion of the surplus fund under division (B) of section 4123.34	84054
of the Revised Code that is not used for handicapped	84055
reimbursement, on the basis of the paid compensation attributable	84056
to the individual self-insuring employer according to the	84057
following calculation:	84058

(1) The total assessment against all self-insuring employers	84059
as a class for each fund and for the administrative costs for the	84060
year that the assessment is being made, as determined by the	84061
administrator, divided by the total amount of paid compensation	84062
for the previous calendar year attributable to all amenable	84063
self-insuring employers;	84064

(2) Multiply the quotient in division (J)(1) of this section	84065
by the total amount of paid compensation for the previous calendar	84066
year that is attributable to the individual self-insuring employer	84067
for whom the assessment is being determined. Each self-insuring	84068
employer shall pay the assessment that results from this	84069
calculation, unless the assessment resulting from this calculation	84070
falls below a minimum assessment, which minimum assessment the	84071
administrator shall determine on the first day of July of each	84072
year with the advice and consent of the bureau of workers'	84073
compensation board of directors, in which event, the self-insuring	84074
employer shall pay the minimum assessment.	84075

In determining the total amount due for the total assessment	84076
against all self-insuring employers as a class for each fund and	84077
the administrative assessment, the administrator shall reduce	84078
proportionately the total for each fund and assessment by the	84079
amount of money in the self-insurance assessment fund as of the	84080
date of the computation of the assessment.	84081

The administrator shall calculate the assessment for the	84082
portion of the surplus fund under division (B) of section 4123.34	84083
of the Revised Code that is used for handicapped reimbursement in	84084
the same manner as set forth in divisions (J)(1) and (2) of this	84085
section except that the administrator shall calculate the total	84086
assessment for this portion of the surplus fund only on the basis	84087
of those self-insuring employers that retain participation in the	84088
handicapped reimbursement program and the individual self-insuring	84089
employer's proportion of paid compensation shall be calculated	84090
only for those self-insuring employers who retain participation in	84091
the handicapped reimbursement program. The administrator, as the	84092
administrator determines appropriate, may determine the total	84093
assessment for the handicapped portion of the surplus fund in	84094
accordance with sound actuarial principles.	84095

The administrator shall calculate the assessment for the	84096
portion of the surplus fund under division (B) of section 4123.34	84097
of the Revised Code that under division (D) of section 4121.66 of	84098
the Revised Code is used for rehabilitation costs in the same	84099
manner as set forth in divisions (J)(1) and (2) of this section,	84100
except that the administrator shall calculate the total assessment	84101
for this portion of the surplus fund only on the basis of those	84102
self-insuring employers who have not made the election to make	84103
payments directly under division (D) of section 4121.66 of the	84104
Revised Code and an individual self-insuring employer's proportion	84105
of paid compensation only for those self-insuring employers who	84106
have not made that election.	84107

The administrator shall calculate the assessment for the	84108
portion of the surplus fund under division (B) of section 4123.34	84109
of the Revised Code that is used for reimbursement to a	84110
self-insuring employer under division (H) of section 4123.512 of	84111
the Revised Code in the same manner as set forth in divisions	84112
(J)(1) and (2) of this section except that the administrator shall	84113
calculate the total assessment for this portion of the surplus	84114
fund only on the basis of those self-insuring employers that	84115
retain participation in reimbursement to the self-insuring	84116
employer under division (H) of section 4123.512 of the Revised	84117
Code and the individual self-insuring employer's proportion of	84118
paid compensation shall be calculated only for those self-insuring	84119
employers who retain participation in reimbursement to the	84120
self-insuring employer under division (H) of section 4123.512 of	84121
the Revised Code.	84122

An employer who no longer is a self-insuring employer in this	84123
state or who no longer is operating in this state, shall continue	84124
to pay assessments for administrative costs and for the portion of	84125
the surplus fund under division (B) of section 4123.34 of the	84126
Revised Code that is not used for handicapped reimbursement, based	84127
upon paid compensation attributable to claims that occurred while	84128
the employer was a self-insuring employer within this state.	84129

(K) There is hereby created in the state treasury the	84130
self-insurance assessment fund. All investment earnings of the	84131
fund shall be deposited in the fund. The administrator shall use	84132
the money in the self-insurance assessment fund only for	84133
administrative costs as specified in section 4123.341 of the	84134
Revised Code.	84135

(L) Every self-insuring employer shall certify, in affidavit	84136
form subject to the penalty for perjury, to the bureau the amount	84137
of the self-insuring employer's paid compensation for the previous	84138
calendar year. In reporting paid compensation paid for the	84139
previous year, a self-insuring employer shall exclude from the	84140
total amount of paid compensation any reimbursement the	84141
self-insuring employer receives in the previous calendar year from	84142
the surplus fund pursuant to section 4123.512 of the Revised Code	84143
for any paid compensation. The self-insuring employer also shall	84144
exclude from the paid compensation reported any amount recovered	84145
under section 4123.931 of the Revised Code and any amount that is	84146
determined not to have been payable to or on behalf of a claimant	84147
in any final administrative or judicial proceeding. The	84148
self-insuring employer shall exclude such amounts from the paid	84149
compensation reported in the reporting period subsequent to the	84150
date the determination is made. The administrator shall adopt	84151
rules, in accordance with Chapter 119. of the Revised Code, that	84152
provide for all of the following:	84153

(1) Establishing the date by which self-insuring employers	84154
must submit such information and the amount of the assessments	84155
provided for in division (J) of this section for employers who	84156
have been granted self-insuring status within the last calendar	84157
year;	84158

(2) If an employer fails to pay the assessment when due, the	84159
administrator may add a late fee penalty of not more than five	84160
hundred dollars to the assessment plus an additional penalty	84161
amount as follows:	84162

(a) For an assessment from sixty-one to ninety days past due,	84163
the prime interest rate, multiplied by the assessment due;	84164

(b) For an assessment from ninety-one to one hundred twenty	84165
days past due, the prime interest rate plus two per cent,	84166
multiplied by the assessment due;	84167

(c) For an assessment from one hundred twenty-one to one	84168
hundred fifty days past due, the prime interest rate plus four per	84169
cent, multiplied by the assessment due;	84170

(d) For an assessment from one hundred fifty-one to one	84171
hundred eighty days past due, the prime interest rate plus six per	84172
cent, multiplied by the assessment due;	84173

(e) For an assessment from one hundred eighty-one to two	84174
hundred ten days past due, the prime interest rate plus eight per	84175
cent, multiplied by the assessment due;	84176

(f) For each additional thirty-day period or portion thereof	84177
that an assessment remains past due after it has remained past due	84178
for more than two hundred ten days, the prime interest rate plus	84179
eight per cent, multiplied by the assessment due.	84180

(3) An employer may appeal a late fee penalty and penalty	84181
assessment to the administrator.	84182

For purposes of division (L)(2) of this section, "prime	84183
interest rate" means the average bank prime rate, and the	84184
administrator shall determine the prime interest rate in the same	84185
manner as a county auditor determines the average bank prime rate	84186
under section 929.02 of the Revised Code.	84187

The administrator shall include any assessment and penalties	84188
that remain unpaid for previous assessment periods in the	84189
calculation and collection of any assessments due under this	84190
division or division (J) of this section.	84191

(M) As used in this section, "paid compensation" means all	84192
amounts paid by a self-insuring employer for living maintenance	84193
benefits, all amounts for compensation paid pursuant to sections	84194
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and	84195
4123.64 of the Revised Code, all amounts paid as wages in lieu of	84196
such compensation, all amounts paid in lieu of such compensation	84197
under a nonoccupational accident and sickness program fully funded	84198
by the self-insuring employer, and all amounts paid by a	84199
self-insuring employer for a violation of a specific safety	84200
standard pursuant to Section 35 of Article II, Ohio Constitution	84201
and section 4121.47 of the Revised Code.	84202

(N) Should any section of this chapter or Chapter 4121. of	84203
the Revised Code providing for self-insuring employers'	84204
assessments based upon compensation paid be declared	84205
unconstitutional by a final decision of any court, then that	84206
section of the Revised Code declared unconstitutional shall revert	84207
back to the section in existence prior to November 3, 1989,	84208
providing for assessments based upon payroll.	84209

(O) The administrator may grant a self-insuring employer the	84210
privilege to self-insure a construction project entered into by	84211
the self-insuring employer that is scheduled for completion within	84212
six years after the date the project begins, and the total cost of	84213
which is estimated to exceed one hundred million dollars or, for	84214
employers described in division (R) of this section, if the	84215
construction project is estimated to exceed twenty-five million	84216
dollars. The administrator may waive such cost and time criteria	84217
and grant a self-insuring employer the privilege to self-insure a	84218
construction project regardless of the time needed to complete the	84219
construction project and provided that the cost of the	84220
construction project is estimated to exceed fifty million dollars.	84221
A self-insuring employer who desires to self-insure a construction	84222
project shall submit to the administrator an application listing	84223
the dates the construction project is scheduled to begin and end,	84224
the estimated cost of the construction project, the contractors	84225
and subcontractors whose employees are to be self-insured by the	84226
self-insuring employer, the provisions of a safety program that is	84227
specifically designed for the construction project, and a	84228
statement as to whether a collective bargaining agreement	84229
governing the rights, duties, and obligations of each of the	84230
parties to the agreement with respect to the construction project	84231
exists between the self-insuring employer and a labor	84232
organization.	84233

A self-insuring employer may apply to self-insure the	84234
employees of either of the following:	84235

(1) All contractors and subcontractors who perform labor or	84236
work or provide materials for the construction project;	84237

(2) All contractors and, at the administrator's discretion, a	84238
substantial number of all the subcontractors who perform labor or	84239
work or provide materials for the construction project.	84240

Upon approval of the application, the administrator shall	84241
mail a certificate granting the privilege to self-insure the	84242
construction project to the self-insuring employer. The	84243
certificate shall contain the name of the self-insuring employer	84244
and the name, address, and telephone number of the self-insuring	84245
employer's representatives who are responsible for administering	84246
workers' compensation claims for the construction project. The	84247
self-insuring employer shall post the certificate in a conspicuous	84248
place at the site of the construction project.	84249

The administrator shall maintain a record of the contractors	84250
and subcontractors whose employees are covered under the	84251
certificate issued to the self-insured employer. A self-insuring	84252
employer immediately shall notify the administrator when any	84253
contractor or subcontractor is added or eliminated from inclusion	84254
under the certificate.	84255

Upon approval of the application, the self-insuring employer	84256
is responsible for the administration and payment of all claims	84257
under this chapter and Chapter 4121. of the Revised Code for the	84258
employees of the contractor and subcontractors covered under the	84259
certificate who receive injuries or are killed in the course of	84260
and arising out of employment on the construction project, or who	84261
contract an occupational disease in the course of employment on	84262
the construction project. For purposes of this chapter and Chapter	84263
4121. of the Revised Code, a claim that is administered and paid	84264
in accordance with this division is considered a claim against the	84265
self-insuring employer listed in the certificate. A contractor or	84266
subcontractor included under the certificate shall report to the	84267
self-insuring employer listed in the certificate, all claims that	84268
arise under this chapter and Chapter 4121. of the Revised Code in	84269
connection with the construction project for which the certificate	84270
is issued.	84271

A self-insuring employer who complies with this division is	84272
entitled to the protections provided under this chapter and	84273
Chapter 4121. of the Revised Code with respect to the employees of	84274
the contractors and subcontractors covered under a certificate	84275
issued under this division for death or injuries that arise out	84276
of, or death, injuries, or occupational diseases that arise in the	84277
course of, those employees' employment on that construction	84278
project, as if the employees were employees of the self-insuring	84279
employer, provided that the self-insuring employer also complies	84280
with this section. No employee of the contractors and	84281
subcontractors covered under a certificate issued under this	84282
division shall be considered the employee of the self-insuring	84283
employer listed in that certificate for any purposes other than	84284
this chapter and Chapter 4121. of the Revised Code. Nothing in	84285
this division gives a self-insuring employer authority to control	84286
the means, manner, or method of employment of the employees of the	84287
contractors and subcontractors covered under a certificate issued	84288
under this division.	84289

The contractors and subcontractors included under a	84290
certificate issued under this division are entitled to the	84291
protections provided under this chapter and Chapter 4121. of the	84292
Revised Code with respect to the contractor's or subcontractor's	84293
employees who are employed on the construction project which is	84294
the subject of the certificate, for death or injuries that arise	84295
out of, or death, injuries, or occupational diseases that arise in	84296
the course of, those employees' employment on that construction	84297
project.	84298

The contractors and subcontractors included under a	84299
certificate issued under this division shall identify in their	84300
payroll records the employees who are considered the employees of	84301
the self-insuring employer listed in that certificate for purposes	84302
of this chapter and Chapter 4121. of the Revised Code, and the	84303
amount that those employees earned for employment on the	84304
construction project that is the subject of that certificate.	84305
Notwithstanding any provision to the contrary under this chapter	84306
and Chapter 4121. of the Revised Code, the administrator shall	84307
exclude the payroll that is reported for employees who are	84308
considered the employees of the self-insuring employer listed in	84309
that certificate, and that the employees earned for employment on	84310
the construction project that is the subject of that certificate,	84311
when determining those contractors' or subcontractors' premiums or	84312
assessments required under this chapter and Chapter 4121. of the	84313
Revised Code. A self-insuring employer issued a certificate under	84314
this division shall include in the amount of paid compensation it	84315
reports pursuant to division (L) of this section, the amount of	84316
paid compensation the self-insuring employer paid pursuant to this	84317
division for the previous calendar year.	84318

Nothing in this division shall be construed as altering the	84319
rights of employees under this chapter and Chapter 4121. of the	84320
Revised Code as those rights existed prior to September 17, 1996.	84321
Nothing in this division shall be construed as altering the rights	84322
devolved under sections 2305.31 and 4123.82 of the Revised Code as	84323
those rights existed prior to September 17, 1996.	84324

As used in this division, "privilege to self-insure a	84325
construction project" means privilege to pay individually	84326
compensation, and to furnish medical, surgical, nursing, and	84327
hospital services and attention and funeral expenses directly to	84328
injured employees or the dependents of killed employees.	84329

(P) A self-insuring employer whose application is granted	84330
under division (O) of this section shall designate a safety	84331
professional to be responsible for the administration and	84332
enforcement of the safety program that is specifically designed	84333
for the construction project that is the subject of the	84334
application.	84335

A self-insuring employer whose application is granted under	84336
division (O) of this section shall employ an ombudsperson for the	84337
construction project that is the subject of the application. The	84338
ombudsperson shall have experience in workers' compensation or the	84339
construction industry, or both. The ombudsperson shall perform all	84340
of the following duties:	84341

(1) Communicate with and provide information to employees who	84342
are injured in the course of, or whose injury arises out of	84343
employment on the construction project, or who contract an	84344
occupational disease in the course of employment on the	84345
construction project;	84346

(2) Investigate the status of a claim upon the request of an	84347
employee to do so;	84348

(3) Provide information to claimants, third party	84349
administrators, employers, and other persons to assist those	84350
persons in protecting their rights under this chapter and Chapter	84351
4121. of the Revised Code.	84352

A self-insuring employer whose application is granted under	84353
division (O) of this section shall post the name of the safety	84354
professional and the ombudsperson and instructions for contacting	84355
the safety professional and the ombudsperson in a conspicuous	84356
place at the site of the construction project.	84357

(Q) The administrator may consider all of the following when	84358
deciding whether to grant a self-insuring employer the privilege	84359
to self-insure a construction project as provided under division	84360
(O) of this section:	84361

(1) Whether the self-insuring employer has an organizational	84362
plan for the administration of the workers' compensation law;	84363

(2) Whether the safety program that is specifically designed	84364
for the construction project provides for the safety of employees	84365
employed on the construction project, is applicable to all	84366
contractors and subcontractors who perform labor or work or	84367
provide materials for the construction project, and has as a	84368
component, a safety training program that complies with standards	84369
adopted pursuant to the "Occupational Safety and Health Act of	84370
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing	84371
management and employee involvement;	84372

(3) Whether granting the privilege to self-insure the	84373
construction project will reduce the costs of the construction	84374
project;	84375

(4) Whether the self-insuring employer has employed an	84376
ombudsperson as required under division (P) of this section;	84377

(5) Whether the self-insuring employer has sufficient surety	84378
to secure the payment of claims for which the self-insuring	84379
employer would be responsible pursuant to the granting of the	84380
privilege to self-insure a construction project under division (O)	84381
of this section.	84382

(R) As used in divisions (O), (P), and (Q), "self-insuring	84383
employer" includes the following employers, whether or not they	84384
have been granted the status of being a self-insuring employer	84385
under division (B) of this section:	84386

(1) A state institution of higher education;

84387

(2) A school district;

84388

(3) A county school financing district;

84389

(4) An educational service center;

84390

(5) A community school established under Chapter 3314. of the	84391
Revised Code;	84392

(6) A municipal power agency as defined in section 3734.058	84393
of the Revised Code.	84394

(S) As used in this section:

84395

(1) "Unvoted debt capacity" means the amount of money that a	84396
public employer may borrow without voter approval of a tax levy;	84397

(2) "State institution of higher education" means the state	84398
universities listed in section 3345.011 of the Revised Code,	84399
community colleges created pursuant to Chapter 3354. of the	84400
Revised Code, university branches created pursuant to Chapter	84401
3355. of the Revised Code, technical colleges created pursuant to	84402
Chapter 3357. of the Revised Code, and state community colleges	84403
created pursuant to Chapter 3358. of the Revised Code.	84404

Sec. 4123.41. (A) By the first day of January of each year,	84405
the bureau of workers' compensation shall furnish to the county	84406
auditor of each county and the chief fiscal officer of each taxing	84407
district in a county and of each district activity and institution	84408
mentioned in section 4123.39 of the Revised Code forms containing	84409
the premium rates applicable to the county, district, district	84410
activity, or institution as an employer, on which to report the	84411
amount of money expended by the county, district, district	84412
activity, or institution during the previous twelve calendar	84413
months for the services of employees under this chapter.	84414

(B) Each county auditor and each fiscal officer of a	84415
district, district activity, and institution shall calculate on	84416
the form it receives from the bureau under division (A) of this	84417
section the premium due as its proper contribution to the public	84418
insurance fund and issue a warrant in favor of the bureau for the	84419
amount due from the county, district, district activity, or	84420
institution to the public insurance fund according to the	84421
following schedule:	84422

(1) On or before the fifteenth day of May of each year, no	84423
less than forty-five per cent of the amount due;	84424

(2) On or before the first day of September of each year, no	84425
less than the total amount due.	84426

(C) The legislative body of any county, district, district	84427
activity, or institution may reimburse the fund from which the	84428
workers' compensation payments are made by transferring to the	84429
fund from any other fund of the county, district, district	84430
activity, or institution, the proportionate amount of the payments	84431
that should be chargeable to the fund, whether the fund is derived	84432
from taxation or otherwise. The proportionate amount of the	84433
payments chargeable to the fund may be based on payroll, relative	84434
exposure, relative loss experience, or any combination of these	84435
factors, as determined by the legislative body.	84436

(1) The workers' compensation program payments of any county,	84437
district, district activity, or institution may include all	84438
payments required by any bureau of workers' compensation rating	84439
plan.	84440

(2) The workers' compensation program payments of any county,	84441
district, district activity, or institution, except for a county	84442
board of developmental disabilities, a board of alcohol, drug	84443
addiction, and mental health services, a board of mental health	84444
services, and a board of alcohol and drug addiction services, also	84445
may include any of the following:	84446

(a) Direct administrative costs incurred in the management of	84447
the county, district, district activity, or institution's workers'	84448
compensation program;	84449

(b) Indirect costs that are necessary and reasonable for the	84450
proper and efficient administration of the workers' compensation	84451
program as documented in a cost allocation plan. The indirect cost	84452
plan shall conform to the United States office of management and	84453
budget circular A-87 "cost principles for state and local	84454
governments," 2 C.F.R. 225, as most recently amended on May 10,	84455
2004. The plan shall not authorize payment from the fund of any	84456
general government expense required to carry out the overall	84457
governmental responsibilities.	84458

(3) Within sixty days before a legislative body changes the	84459
method used for calculating the proportionate amount of the	84460
payments chargeable to the fund, it shall notify, consult with,	84461
and give information supporting the change to any elected official	84462
affected by the change. A transfer made pursuant to division	84463
(B)(2) of this section is not subject to section 5705.16 of the	84464
Revised Code.	84465

(D) Any county board of developmental disabilities, board of	84466
alcohol, drug addiction, and mental health services, board of	84467
mental health services, or board of alcohol and drug addiction	84468
services whose workers' compensation payments, on or before ~~the~~	84469
~~effective date of this section~~September 28, 2012, includes costs	84470
referred to in division (C)(2) of this section may continue to do	84471
so on and after ~~the effective date of this amendment~~September	84472
28, 2012.	84473

(E) The bureau may investigate the correctness of the	84474
information provided by the county auditor and chief fiscal	84475
officer under division (B) of this section, and if the bureau	84476
determines at any time that the county, district, district	84477
activity, or institution has not reported the correct information,	84478
the administrator of workers' compensation may make deductions or	84479
additions as the facts warrant and take those facts into	84480
consideration in determining the current or future contributions	84481
to be made by the county, district, district activity, or	84482
institution. If the county, district, district activity, or	84483
institution does not furnish the report in the time required by	84484
this section, the administrator may fix the amount of contribution	84485
the county, district, district activity, or institution must make	84486
and certify that amount for payment.	84487

(F) The administrator shall provide a discount to any county,	84488
district, district activity, or institution that pays its total	84489
amount due to the public insurance fund on or before the fifteenth	84490
day of May of each year as its proper contribution for premiums.	84491
The administrator shall base the discount provided under this	84492
division on the savings generated by the early payment to the	84493
public insurance fund. The administrator may provide the discount	84494
through a refund to the county, district, district activity, or	84495
institution or an offset against the future contributions due to	84496
the public insurance fund from the county, district, district	84497
activity, or institution.	84498

(G) The administrator may impose an interest penalty for late	84499
payment of any amount due from a county, district, district	84500
activity, and institution at the interest rate established by the	84501
state tax commissioner pursuant to section 5703.47 of the Revised	84502
Code.	84503

(H) If the administrator adopts rules for the prospective	84504
payment of premium as permitted under section 4123.322 of the	84505
Revised Code, every employer mentioned in division (B)(1) of	84506
section 4123.01 of the Revised Code, except for a state agency or	84507
a state university or college as defined in section 4123.32 of the	84508
Revised Code, shall pay into the state insurance fund the amount	84509
of premium the administrator fixes for the employment or	84510
occupation of the employer, the amount of which premium to be paid	84511
by each employer to be determined by the classifications, rules,	84512
and rates made and published by the administrator and based upon	84513
the estimates and reconciliations required by the rules the	84514
administrator adopts under section 4123.322 of the Revised Code.	84515

Sec. 4123.57. Partial disability compensation shall be paid	84516
as follows.	84517

Except as provided in this section, not earlier than	84518
twenty-six weeks after the date of termination of the latest	84519
period of payments under section 4123.56 of the Revised Code, or	84520
not earlier than twenty-six weeks after the date of the injury or	84521
contraction of an occupational disease in the absence of payments	84522
under section 4123.56 of the Revised Code, the employee may file	84523
an application with the bureau of workers' compensation for the	84524
determination of the percentage of the employee's permanent	84525
partial disability resulting from an injury or occupational	84526
disease.	84527

Whenever the application is filed, the bureau shall send a	84528
copy of the application to the employee's employer or the	84529
employer's representative and shall schedule the employee for a	84530
medical examination by the bureau medical section. The bureau	84531
shall send a copy of the report of the medical examination to the	84532
employee, the employer, and their representatives. Thereafter, the	84533
administrator of workers' compensation shall review the employee's	84534
claim file and make a tentative order as the evidence before the	84535
administrator at the time of the making of the order warrants. If	84536
the administrator determines that there is a conflict of evidence,	84537
the administrator shall send the application, along with the	84538
claimant's file, to the district hearing officer who shall set the	84539
application for a hearing.	84540

The administrator shall notify the employee, the employer,	84541
and their representatives, in writing, of the tentative order and	84542
of the parties' right to request a hearing. Unless the employee,	84543
the employer, or their representative notifies the administrator,	84544
in writing, of an objection to the tentative order within twenty	84545
days after receipt of the notice thereof, the tentative order	84546
shall go into effect and the employee shall receive the	84547
compensation provided in the order. In no event shall there be a	84548
reconsideration of a tentative order issued under this division.	84549

If the employee, the employer, or their representatives	84550
timely notify the administrator of an objection to the tentative	84551
order, the matter shall be referred to a district hearing officer	84552
who shall set the application for hearing with written notices to	84553
all interested persons. Upon referral to a district hearing	84554
officer, the employer may obtain a medical examination of the	84555
employee, pursuant to rules of the industrial commission.	84556

(A) The district hearing officer, upon the application, shall	84557
determine the percentage of the employee's permanent disability,	84558
except as is subject to division (B) of this section, based upon	84559
that condition of the employee resulting from the injury or	84560
occupational disease and causing permanent impairment evidenced by	84561
medical or clinical findings reasonably demonstrable. The employee	84562
shall receive sixty-six and two-thirds per cent of the employee's	84563
average weekly wage, but not more than a maximum of thirty-three	84564
and one-third per cent of the statewide average weekly wage as	84565
defined in division (C) of section 4123.62 of the Revised Code,	84566
per week regardless of the average weekly wage, for the number of	84567
weeks which equals the percentage of two hundred weeks. Except on	84568
application for reconsideration, review, or modification, which is	84569
filed within ten days after the date of receipt of the decision of	84570
the district hearing officer, in no instance shall the former	84571
award be modified unless it is found from medical or clinical	84572
findings that the condition of the claimant resulting from the	84573
injury has so progressed as to have increased the percentage of	84574
permanent partial disability. A staff hearing officer shall hear	84575
an application for reconsideration filed and the staff hearing	84576
officer's decision is final. An employee may file an application	84577
for a subsequent determination of the percentage of the employee's	84578
permanent disability. If such an application is filed, the bureau	84579
shall send a copy of the application to the employer or the	84580
employer's representative. No sooner than sixty days from the date	84581
of the mailing of the application to the employer or the	84582
employer's representative, the administrator shall review the	84583
application. The administrator may require a medical examination	84584
or medical review of the employee. The administrator shall issue a	84585
tentative order based upon the evidence before the administrator,	84586
provided that if the administrator requires a medical examination	84587
or medical review, the administrator shall not issue the tentative	84588
order until the completion of the examination or review.	84589

The employer may obtain a medical examination of the employee	84590
and may submit medical evidence at any stage of the process up to	84591
a hearing before the district hearing officer, pursuant to rules	84592
of the commission. The administrator shall notify the employee,	84593
the employer, and their representatives, in writing, of the nature	84594
and amount of any tentative order issued on an application	84595
requesting a subsequent determination of the percentage of an	84596
employee's permanent disability. An employee, employer, or their	84597
representatives may object to the tentative order within twenty	84598
days after the receipt of the notice thereof. If no timely	84599
objection is made, the tentative order shall go into effect. In no	84600
event shall there be a reconsideration of a tentative order issued	84601
under this division. If an objection is timely made, the	84602
application for a subsequent determination shall be referred to a	84603
district hearing officer who shall set the application for a	84604
hearing with written notice to all interested persons. No	84605
application for subsequent percentage determinations on the same	84606
claim for injury or occupational disease shall be accepted for	84607
review by the district hearing officer unless supported by	84608
substantial evidence of new and changed circumstances developing	84609
since the time of the hearing on the original or last	84610
determination.	84611

No award shall be made under this division based upon a	84612
percentage of disability which, when taken with all other	84613
percentages of permanent disability, exceeds one hundred per cent.	84614
If the percentage of the permanent disability of the employee	84615
equals or exceeds ninety per cent, compensation for permanent	84616
partial disability shall be paid for two hundred weeks.	84617

Compensation payable under this division accrues and is	84618
payable to the employee from the date of last payment of	84619
compensation, or, in cases where no previous compensation has been	84620
paid, from the date of the injury or the date of the diagnosis of	84621
the occupational disease.	84622

When an award under this division has been made prior to the	84623
death of an employee, all unpaid installments accrued or to accrue	84624
under the provisions of the award are payable to the surviving	84625
spouse, or if there is no surviving spouse, to the dependent	84626
children of the employee, and if there are no children surviving,	84627
then to other dependents as the administrator determines.	84628

(B) For purposes of this division, "payable per week" means	84629
the seven-consecutive-day period in which compensation is paid in	84630
installments according to the schedule associated with the	84631
applicable injury as set forth in this division.	84632

Compensation paid in weekly installments according to the	84633
schedule described in this division may only be commuted to one or	84634
more ~~lump-sum~~lump sum payments pursuant to the procedure set	84635
forth in section 4123.64 of the Revised Code.	84636

In cases included in the following schedule the compensation	84637
payable per week to the employee is the statewide average weekly	84638
wage as defined in division (C) of section 4123.62 of the Revised	84639
Code per week and shall be paid in installments according to the	84640
following schedule:	84641

For the loss of a first finger, commonly known as a thumb,	84642
sixty weeks.	84643

For the loss of a second finger, commonly called index	84644
finger, thirty-five weeks.	84645

For the loss of a third finger, thirty weeks.

84646

For the loss of a fourth finger, twenty weeks.

84647

For the loss of a fifth finger, commonly known as the little	84648
finger, fifteen weeks.	84649

The loss of a second, or distal, phalange of the thumb is	84650
considered equal to the loss of one half of such thumb; the loss	84651
of more than one half of such thumb is considered equal to the	84652
loss of the whole thumb.	84653

The loss of the third, or distal, phalange of any finger is	84654
considered equal to the loss of one-third of the finger.	84655

The loss of the middle, or second, phalange of any finger is	84656
considered equal to the loss of two-thirds of the finger.	84657

The loss of more than the middle and distal phalanges of any	84658
finger is considered equal to the loss of the whole finger. In no	84659
case shall the amount received for more than one finger exceed the	84660
amount provided in this schedule for the loss of a hand.	84661

For the loss of the metacarpal bone (bones of the palm) for	84662
the corresponding thumb, or fingers, add ten weeks to the number	84663
of weeks under this division.	84664

For ankylosis (total stiffness of) or contractures (due to	84665
scars or injuries) which makes any of the fingers, thumbs, or	84666
parts of either useless, the same number of weeks apply to the	84667
members or parts thereof as given for the loss thereof.	84668

If the claimant has suffered the loss of two or more fingers	84669
by amputation or ankylosis and the nature of the claimant's	84670
employment in the course of which the claimant was working at the	84671
time of the injury or occupational disease is such that the	84672
handicap or disability resulting from the loss of fingers, or loss	84673
of use of fingers, exceeds the normal handicap or disability	84674
resulting from the loss of fingers, or loss of use of fingers, the	84675
administrator may take that fact into consideration and increase	84676
the award of compensation accordingly, but the award made shall	84677
not exceed the amount of compensation for loss of a hand.	84678

For the loss of a hand, one hundred seventy-five weeks.

84679

For the loss of an arm, two hundred twenty-five weeks.

84680

For the loss of a great toe, thirty weeks.

84681

For the loss of one of the toes other than the great toe, ten	84682
weeks.	84683

The loss of more than two-thirds of any toe is considered	84684
equal to the loss of the whole toe.	84685

The loss of less than two-thirds of any toe is considered no	84686
loss, except as to the great toe; the loss of the great toe up to	84687
the interphalangeal joint is co-equal to the loss of one-half of	84688
the great toe; the loss of the great toe beyond the	84689
interphalangeal joint is considered equal to the loss of the whole	84690
great toe.	84691

For the loss of a foot, one hundred fifty weeks.

84692

For the loss of a leg, two hundred weeks.

84693

For the loss of the sight of an eye, one hundred twenty-five	84694
weeks.	84695

For the permanent partial loss of sight of an eye, the	84696
portion of one hundred twenty-five weeks as the administrator in	84697
each case determines, based upon the percentage of vision actually	84698
lost as a result of the injury or occupational disease, but, in no	84699
case shall an award of compensation be made for less than	84700
twenty-five per cent loss of uncorrected vision. "Loss of	84701
uncorrected vision" means the percentage of vision actually lost	84702
as the result of the injury or occupational disease.	84703

For the permanent and total loss of hearing of one ear,	84704
twenty-five weeks; but in no case shall an award of compensation	84705
be made for less than permanent and total loss of hearing of one	84706
ear.	84707

For the permanent and total loss of hearing, one hundred	84708
twenty-five weeks; but, except pursuant to the next preceding	84709
paragraph, in no case shall an award of compensation be made for	84710
less than permanent and total loss of hearing.	84711

In case an injury or occupational disease results in serious	84712
facial or head disfigurement which either impairs or may in the	84713
future impair the opportunities to secure or retain employment,	84714
the administrator shall make an award of compensation as it deems	84715
proper and equitable, in view of the nature of the disfigurement,	84716
and not to exceed the sum of ten thousand dollars. For the purpose	84717
of making the award, it is not material whether the employee is	84718
gainfully employed in any occupation or trade at the time of the	84719
administrator's determination.	84720

When an award under this division has been made prior to the	84721
death of an employee all unpaid installments accrued or to accrue	84722
under the provisions of the award shall be payable to the	84723
surviving spouse, or if there is no surviving spouse, to the	84724
dependent children of the employee and if there are no such	84725
children, then to such dependents as the administrator determines.	84726

When an employee has sustained the loss of a member by	84727
severance, but no award has been made on account thereof prior to	84728
the employee's death, the administrator shall make an award in	84729
accordance with this division for the loss which shall be payable	84730
to the surviving spouse, or if there is no surviving spouse, to	84731
the dependent children of the employee and if there are no such	84732
children, then to such dependents as the administrator determines.	84733

(C) Compensation for partial impairment under divisions (A)	84734
and (B) of this section is in addition to the compensation paid	84735
the employee pursuant to section 4123.56 of the Revised Code. A	84736
claimant may receive compensation under divisions (A) and (B) of	84737
this section.	84738

In all cases arising under division (B) of this section, if	84739
it is determined by any one of the following: (1) the amputee	84740
clinic at University hospital, Ohio state university; (2) the	84741
~~rehabilitation services commission~~opportunities for Ohioans with	84742
disabilities agency; (3) an amputee clinic or prescribing	84743
physician approved by the administrator or the administrator's	84744
designee, that an injured or disabled employee is in need of an	84745
artificial appliance, or in need of a repair thereof, regardless	84746
of whether the appliance or its repair will be serviceable in the	84747
vocational rehabilitation of the injured employee, and regardless	84748
of whether the employee has returned to or can ever again return	84749
to any gainful employment, the bureau shall pay the cost of the	84750
artificial appliance or its repair out of the surplus created by	84751
division (B) of section 4123.34 of the Revised Code.	84752

In those cases where ~~a rehabilitation services commission~~an	84753
opportunities for Ohioans with disabilities agency recommendation	84754
that an injured or disabled employee is in need of an artificial	84755
appliance would conflict with their state plan, adopted pursuant	84756
to the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	84757
701, the administrator or the administrator's designee or the	84758
bureau may obtain a recommendation from an amputee clinic or	84759
prescribing physician that they determine appropriate.	84760

(D) If an employee of a state fund employer makes application	84761
for a finding and the administrator finds that the employee has	84762
contracted silicosis as defined in division (X), or coal miners'	84763
pneumoconiosis as defined in division (Y), or asbestosis as	84764
defined in division (AA) of section 4123.68 of the Revised Code,	84765
and that a change of such employee's occupation is medically	84766
advisable in order to decrease substantially further exposure to	84767
silica dust, asbestos, or coal dust and if the employee, after the	84768
finding, has changed or shall change the employee's occupation to	84769
an occupation in which the exposure to silica dust, asbestos, or	84770
coal dust is substantially decreased, the administrator shall	84771
allow to the employee an amount equal to fifty per cent of the	84772
statewide average weekly wage per week for a period of thirty	84773
weeks, commencing as of the date of the discontinuance or change,	84774
and for a period of one hundred weeks immediately following the	84775
expiration of the period of thirty weeks, the employee shall	84776
receive sixty-six and two-thirds per cent of the loss of wages	84777
resulting directly and solely from the change of occupation but	84778
not to exceed a maximum of an amount equal to fifty per cent of	84779
the statewide average weekly wage per week. No such employee is	84780
entitled to receive more than one allowance on account of	84781
discontinuance of employment or change of occupation and benefits	84782
shall cease for any period during which the employee is employed	84783
in an occupation in which the exposure to silica dust, asbestos,	84784
or coal dust is not substantially less than the exposure in the	84785
occupation in which the employee was formerly employed or for any	84786
period during which the employee may be entitled to receive	84787
compensation or benefits under section 4123.68 of the Revised Code	84788
on account of disability from silicosis, asbestosis, or coal	84789
miners' pneumoconiosis. An award for change of occupation for a	84790
coal miner who has contracted coal miners' pneumoconiosis may be	84791
granted under this division even though the coal miner continues	84792
employment with the same employer, so long as the coal miner's	84793
employment subsequent to the change is such that the coal miner's	84794
exposure to coal dust is substantially decreased and a change of	84795
occupation is certified by the claimant as permanent. The	84796
administrator may accord to the employee medical and other	84797
benefits in accordance with section 4123.66 of the Revised Code.	84798

(E) If a firefighter or police officer makes application for	84799
a finding and the administrator finds that the firefighter or	84800
police officer has contracted a cardiovascular and pulmonary	84801
disease as defined in division (W) of section 4123.68 of the	84802
Revised Code, and that a change of the firefighter's or police	84803
officer's occupation is medically advisable in order to decrease	84804
substantially further exposure to smoke, toxic gases, chemical	84805
fumes, and other toxic vapors, and if the firefighter, or police	84806
officer, after the finding, has changed or changes occupation to	84807
an occupation in which the exposure to smoke, toxic gases,	84808
chemical fumes, and other toxic vapors is substantially decreased,	84809
the administrator shall allow to the firefighter or police officer	84810
an amount equal to fifty per cent of the statewide average weekly	84811
wage per week for a period of thirty weeks, commencing as of the	84812
date of the discontinuance or change, and for a period of	84813
seventy-five weeks immediately following the expiration of the	84814
period of thirty weeks the administrator shall allow the	84815
firefighter or police officer sixty-six and two-thirds per cent of	84816
the loss of wages resulting directly and solely from the change of	84817
occupation but not to exceed a maximum of an amount equal to fifty	84818
per cent of the statewide average weekly wage per week. No such	84819
firefighter or police officer is entitled to receive more than one	84820
allowance on account of discontinuance of employment or change of	84821
occupation and benefits shall cease for any period during which	84822
the firefighter or police officer is employed in an occupation in	84823
which the exposure to smoke, toxic gases, chemical fumes, and	84824
other toxic vapors is not substantially less than the exposure in	84825
the occupation in which the firefighter or police officer was	84826
formerly employed or for any period during which the firefighter	84827
or police officer may be entitled to receive compensation or	84828
benefits under section 4123.68 of the Revised Code on account of	84829
disability from a cardiovascular and pulmonary disease. The	84830
administrator may accord to the firefighter or police officer	84831
medical and other benefits in accordance with section 4123.66 of	84832
the Revised Code.	84833

(F) An order issued under this section is appealable pursuant	84834
to section 4123.511 of the Revised Code but is not appealable to	84835
court under section 4123.512 of the Revised Code.	84836

Sec. 4123.93. As used in sections 4123.93 and 4123.931 of	84837
the Revised Code:	84838

(A) "Claimant" means a person who is eligible to receive	84839
compensation, medical benefits, or death benefits under this	84840
chapter or Chapter 4121., 4127., or 4131. of the Revised Code.	84841

(B) "Statutory subrogee" means the administrator of workers'	84842
compensation, a self-insuring employer, or an employer that	84843
contracts for the direct payment of medical services pursuant to	84844
division ~~(L)~~(P) of section 4121.44 of the Revised Code.	84845

(C) "Third party" means an individual, private insurer,	84846
public or private entity, or public or private program that is or	84847
may be liable to make payments to a person without regard to any	84848
statutory duty contained in this chapter or Chapter 4121., 4127.,	84849
or 4131. of the Revised Code.	84850

(D) "Subrogation interest" includes past, present, and	84851
estimated future payments of compensation, medical benefits,	84852
rehabilitation costs, or death benefits, and any other costs or	84853
expenses paid to or on behalf of the claimant by the statutory	84854
subrogee pursuant to this chapter or Chapter 4121., 4127., or	84855
4131. of the Revised Code.	84856

(E) "Net amount recovered" means the amount of any award,	84857
settlement, compromise, or recovery by a claimant against a third	84858
party, minus the attorney's fees, costs, or other expenses	84859
incurred by the claimant in securing the award, settlement,	84860
compromise, or recovery. "Net amount recovered" does not include	84861
any punitive damages that may be awarded by a judge or jury.	84862

(F) "Uncompensated damages" means the claimant's demonstrated	84863
or proven damages minus the statutory subrogee's subrogation	84864
interest.	84865

Sec. 4131.03. (A) For the relief of persons who are entitled	84866
to receive benefits by virtue of the federal act, there is hereby	84867
established a coal-workers pneumoconiosis fund, which shall be	84868
separate from the funds established and administered pursuant to	84869
Chapter 4123. of the Revised Code. The fund shall consist of	84870
premiums and other payments thereto by subscribers who elect to	84871
subscribe to the fund to insure the payment of benefits required	84872
by the federal act.	84873

(B)~~(1)~~ The coal-workers pneumoconiosis fund shall be in the	84874
custody of the treasurer of state. The bureau of workers'	84875
compensation shall make disbursements from the fund to those	84876
persons entitled to payment therefrom and in the amounts required	84877
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	84878
investment earnings of the fund shall be credited to the fund.	84879

~~(2) Beginning July 1, 2011, and ending June 30, 2013, the~~	84880
~~director of natural resources annually may request the~~	84881
~~administrator of workers' compensation to transfer a portion of~~	84882
~~the investment earnings credited to the coal-workers~~	84883
~~pneumoconiosis fund as provided in this division. If the~~	84884
~~administrator receives a request from the director, the~~	84885
~~administrator, on the first day of July, or as soon as possible~~	84886
~~after that date, shall transfer from the investment earnings~~	84887
~~credited to the coal-workers pneumoconiosis fund an amount not to~~	84888
~~exceed three million dollars to the mine safety fund created in~~	84889
~~section 1561.24 of the Revised Code for the purposes specified in~~	84890
~~that section and an amount not to exceed one million five hundred~~	84891
~~thousand dollars to the coal mining administration and reclamation~~	84892
~~reserve fund created in section 1513.181 of the Revised Code for~~	84893
~~the purposes specified in that section. The administrator, with~~	84894
~~the advice and consent of the bureau of workers' compensation~~	84895
~~board of directors, shall adopt rules governing the transfer in~~	84896
~~order to ensure the solvency of the coal-workers pneumoconiosis~~	84897
~~fund. For that purpose, the rules may establish tests based on~~	84898
~~measures of net assets, liabilities, expenses, interest, dividend~~	84899
~~income, or other factors that the administrator determines~~	84900
~~appropriate that may be applied prior to a transfer.~~	84901

(C) The administrator shall have the same powers to invest	84902
any of the surplus or reserve belonging to the coal-workers	84903
pneumoconiosis fund as are delegated to the administrator under	84904
section 4123.44 of the Revised Code with respect to the state	84905
insurance fund.	84906

(D) If the administrator determines that reinsurance of the	84907
risks of the coal-workers pneumoconiosis fund is necessary to	84908
assure solvency of the fund, the administrator may:	84909

(1) Enter into contracts for the purchase of reinsurance	84910
coverage of the risks of the fund with any company or agency	84911
authorized by law to issue contracts of reinsurance;	84912

(2) Pay the cost of reinsurance from the fund;

84913

(3) Include the costs of reinsurance as a liability and	84914
estimated liability of the fund.	84915

Sec. 4141.162. (A) The director of job and family services	84916
shall establish an income and eligibility verification system that	84917
complies with section 1137 of the "Social Security Act." The	84918
programs included in the system are all of the following:	84919

(1) Unemployment compensation pursuant to section 3304 of the	84920
"Internal Revenue Code of 1954";	84921

(2) The state programs funded in part under part A of Title	84922
IV of the "Social Security Act" and administered under Chapters	84923
5107. and 5108. of the Revised Code;	84924

(3) ~~Medicaid pursuant to Title XIX of the "Social Security~~	84925
~~Act"~~The medicaid program;	84926

(4) The supplemental nutrition assistance program pursuant to	84927
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.;	84928

(5) Any Ohio program under a plan approved under Title I, X,	84929
XIV, or XVI of the "Social Security Act."	84930

Wage information provided by employers to the director shall	84931
be furnished to the income and eligibility verification system.	84932
Such information shall be used by the director to determine	84933
eligibility of individuals for unemployment compensation benefits	84934
and the amount of those benefits and used by the agencies that	84935
administer the programs identified in divisions (A)(2) to (5) of	84936
this section to determine or verify eligibility for or the amount	84937
of benefits under those programs.	84938

The director shall fully implement the use of wage	84939
information to determine eligibility for and the amount of	84940
unemployment compensation benefits by September 30, 1988.	84941

Information furnished under the system shall also be made	84942
available to the appropriate state or local child support	84943
enforcement agency for the purposes of an approved plan under	84944
Title IV-D of the "Social Security Act" and to the appropriate	84945
federal agency for the purposes of Titles II and XVI of the	84946
"Social Security Act."	84947

(B) The director shall adopt rules as necessary under which	84948
the department of job and family services and other state agencies	84949
that the director determines must participate in order to ensure	84950
compliance with section 1137 of the "Social Security Act" exchange	84951
information with each other or authorized federal agencies about	84952
individuals who are applicants for or recipients of benefits under	84953
any of the programs enumerated in division (A) of this section.	84954
The rules shall extend to all of the following:	84955

(1) A requirement for standardized formats and procedures for	84956
a participating agency to request and receive information about an	84957
individual, which information shall include the individual's	84958
social security number;	84959

(2) A requirement that all applicants for and recipients of	84960
benefits under any program enumerated in division (A) of this	84961
section be notified at the time of application, and periodically	84962
thereafter, that information available through the system may be	84963
shared with agencies that administer other benefit programs and	84964
utilized in establishing or verifying eligibility or benefit	84965
amounts under the other programs enumerated in division (A) of	84966
this section;	84967

(3) A requirement that information is made available only to	84968
the extent necessary to assist in the valid administrative needs	84969
of the program receiving the information and is targeted for use	84970
in ways which are most likely to be productive in identifying and	84971
preventing ineligibility and incorrect payments;	84972

(4) A requirement that information is adequately protected	84973
against unauthorized disclosures for purposes other than to	84974
establish or verify eligibility or benefit amounts under the	84975
programs enumerated in division (A) of this section;	84976

(5) A requirement that a program providing information is	84977
reimbursed by the program using the information for the actual	84978
costs of furnishing the information and that the director be	84979
reimbursed by the participating programs for any actual costs	84980
incurred in operating the system;	84981

(6) Requirements for any other matters necessary to ensure	84982
the effective, efficient, and timely exchange of necessary	84983
information or that the director determines must be addressed in	84984
order to ensure compliance with the requirements of section 1137	84985
of the "Social Security Act."	84986

(C) Each participating agency shall furnish to the income and	84987
eligibility verification system established in division (A) of	84988
this section that information, which the director, by rule,	84989
determines is necessary in order to comply with section 1137 of	84990
the "Social Security Act."	84991

(D) Notwithstanding the information disclosure requirements	84992
of this section and section 4141.21 and division (A) of section	84993
4141.284 of the Revised Code, the director shall administer those	84994
provisions of law so as to comply with section 1137 of the "Social	84995
Security Act."	84996

(E) Requirements in section 4141.21 of the Revised Code with	84997
respect to confidentiality of information obtained in the	84998
administration of Chapter 4141. of the Revised Code and any	84999
sanctions imposed for improper disclosure of such information	85000
shall apply to the redisclosure of information disclosed under	85001
this section.	85002

(F) The director of job and family services shall consult	85003
with the medicaid director and the director of administrative	85004
services regarding the implementation of this section.	85005

Sec. 4301.01. (A) As used in the Revised Code:

85006

(1) "Intoxicating liquor" and "liquor" include all liquids	85007
and compounds, other than beer, containing one-half of one per	85008
cent or more of alcohol by volume which are fit to use for	85009
beverage purposes, from whatever source and by whatever process	85010
produced, by whatever name called, and whether they are medicated,	85011
proprietary, or patented. "Intoxicating liquor" and "liquor"	85012
include ~~wine even if it contains less than four per cent of~~	85013
~~alcohol by volume, mixed beverages even if they contain less than~~	85014
~~four per cent of alcohol by volume,~~ cider,and alcohol, and all	85015
solids and confections which contain ~~any alcohol~~one-half of one	85016
per cent or more of alcohol by volume.	85017

(2) Except as used in sections 4301.01 to 4301.20, 4301.22 to	85018
4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of the	85019
Revised Code, "sale" and "sell" include exchange, barter, gift,	85020
offer for sale, sale, distribution and delivery of any kind, and	85021
the transfer of title or possession of beer and intoxicating	85022
liquor either by constructive or actual delivery by any means or	85023
devices whatever, including the sale of beer or intoxicating	85024
liquor by means of a controlled access alcohol and beverage	85025
cabinet pursuant to section 4301.21 of the Revised Code. "Sale"	85026
and "sell" do not include the mere solicitation of orders for beer	85027
or intoxicating liquor from the holders of permits issued by the	85028
division of liquor control authorizing the sale of the beer or	85029
intoxicating liquor, but no solicitor shall solicit any such	85030
orders until the solicitor has been registered with the division	85031
pursuant to section 4303.25 of the Revised Code.	85032

(3) "Vehicle" includes all means of transportation by land,	85033
by water, or by air, and everything made use of in any way for	85034
such transportation.	85035

(B) As used in this chapter:

85036

(1) "Alcohol" means ethyl alcohol, whether rectified or	85037
diluted with water or not, whatever its origin may be, and	85038
includes synthetic ethyl alcohol. "Alcohol" does not include	85039
denatured alcohol and wood alcohol.	85040

(2) "Beer" includes all beverages brewed or fermented wholly	85041
or in part from malt products and containing one-half of one per	85042
cent or more, but not more than twelve per cent, of alcohol by	85043
volume.	85044

(3) "Wine" includes all liquids fit to use for beverage	85045
purposes containing not less than one-half of one per cent of	85046
alcohol by volume and not more than twenty-one per cent of alcohol	85047
by volume, which is made from the fermented juices of grapes,	85048
fruits, or other agricultural products, except that as used in	85049
sections 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44 of the	85050
Revised Code, and, for purposes of determining the rate of the tax	85051
that applies, division (B) of section 4301.43 of the Revised Code,	85052
"wine" does not include cider.	85053

(4) "Mixed beverages," ~~such as~~include bottled and prepared	85054
cordials, cocktails, ~~and~~ highballs, and solids and confections	85055
that are ~~products~~ obtained by mixing any type of whiskey, neutral	85056
spirits, brandy, gin, or other distilled spirits with, or over,	85057
carbonated or plain water, pure juices from flowers and plants,	85058
and other flavoring materials. The completed product shall contain	85059
not less than one-half of one per cent of alcohol by volume and	85060
not more than twenty-one per cent of alcohol by volume.	85061

(5) "Spirituous liquor" includes all intoxicating liquors	85062
containing more than twenty-one per cent of alcohol by volume.	85063

(6) "Sealed container" means any container having a capacity	85064
of not more than one hundred twenty-eight fluid ounces, the	85065
opening of which is closed to prevent the entrance of air.	85066

(7) "Person" includes firms and corporations.

85067

(8) "Manufacture" includes all processes by which beer or	85068
intoxicating liquor is produced, whether by distillation,	85069
rectifying, fortifying, blending, fermentation, or brewing, or in	85070
any other manner.	85071

(9) "Manufacturer" means any person engaged in the business	85072
of manufacturing beer or intoxicating liquor.	85073

(10) "Wholesale distributor" and "distributor" means a person	85074
engaged in the business of selling to retail dealers for purposes	85075
of resale.	85076

(11) "Hotel" has the same meaning as in section 3731.01 of	85077
the Revised Code, subject to the exceptions mentioned in section	85078
3731.03 of the Revised Code.	85079

(12) "Restaurant" means a place located in a permanent	85080
building provided with space and accommodations wherein, in	85081
consideration of the payment of money, hot meals are habitually	85082
prepared, sold, and served at noon and evening, as the principal	85083
business of the place. "Restaurant" does not include pharmacies,	85084
confectionery stores, lunch stands, night clubs, and filling	85085
stations.	85086

(13) "Club" means a corporation or association of individuals	85087
organized in good faith for social, recreational, benevolent,	85088
charitable, fraternal, political, patriotic, or athletic purposes,	85089
which is the owner, lessor, or occupant of a permanent building or	85090
part of a permanent building operated solely for those purposes,	85091
membership in which entails the prepayment of regular dues, and	85092
includes the place so operated.	85093

(14) "Night club" means a place operated for profit, where	85094
food is served for consumption on the premises and one or more	85095
forms of amusement are provided or permitted for a consideration	85096
that may be in the form of a cover charge or may be included in	85097
the price of the food and beverages, or both, purchased by	85098
patrons.	85099

(15) "At retail" means for use or consumption by the	85100
purchaser and not for resale.	85101

(16) "Pharmacy" means an establishment, as defined in section	85102
4729.01 of the Revised Code, that is under the management or	85103
control of a licensed pharmacist in accordance with section	85104
4729.27 of the Revised Code.	85105

(17) "Enclosed shopping center" means a group of retail sales	85106
and service business establishments that face into an enclosed	85107
mall, share common ingress, egress, and parking facilities, and	85108
are situated on a tract of land that contains an area of not less	85109
than five hundred thousand square feet. "Enclosed shopping center"	85110
also includes not more than one business establishment that is	85111
located within a free-standing building on such a tract of land,	85112
so long as the sale of beer and intoxicating liquor on the tract	85113
of land was approved in an election held under former section	85114
4301.353 of the Revised Code.	85115

(18) "Controlled access alcohol and beverage cabinet" means a	85116
closed container, either refrigerated, in whole or in part, or	85117
nonrefrigerated, access to the interior of which is restricted by	85118
means of a device that requires the use of a key, magnetic card,	85119
or similar device and from which beer, intoxicating liquor, other	85120
beverages, or food may be sold.	85121

(19) "Community facility" means either of the following:

85122

(a) Any convention, sports, or entertainment facility or	85123
complex, or any combination of these, that is used by or	85124
accessible to the general public and that is owned or operated in	85125
whole or in part by the state, a state agency, or a political	85126
subdivision of the state or that is leased from, or located on	85127
property owned by or leased from, the state, a state agency, a	85128
political subdivision of the state, or a convention facilities	85129
authority created pursuant to section 351.02 of the Revised Code;	85130

(b) An area designated as a community entertainment district	85131
pursuant to section 4301.80 of the Revised Code.	85132

(20) "Low-alcohol beverage" means any brewed or fermented	85133
malt product, or any product made from the fermented juices of	85134
grapes, fruits, or other agricultural products, that contains	85135
either no alcohol or less than one-half of one per cent of alcohol	85136
by volume. The beverages described in division (B)(20) of this	85137
section do not include a soft drink such as root beer, birch beer,	85138
or ginger beer.	85139

(21) "Cider" means all liquids fit to use for beverage	85140
purposes that contain one-half of one per cent of alcohol by	85141
volume, but not more than six per cent of alcohol by weight, and	85142
that are made through the normal alcoholic fermentation of the	85143
juice of sound, ripe apples, including, without limitation,	85144
flavored, sparkling, or carbonated cider and cider made from pure	85145
condensed apple must.	85146

(22) "Sales area or territory" means an exclusive geographic	85147
area or territory that is assigned to a particular A or B permit	85148
holder and that either has one or more political subdivisions as	85149
its boundaries or consists of an area of land with readily	85150
identifiable geographic boundaries. "Sales area or territory" does	85151
not include, however, any particular retail location in an	85152
exclusive geographic area or territory that had been assigned to	85153
another A or B permit holder before April 9, 2001.	85154

Sec. 4301.10. (A) The division of liquor control shall do	85155
all of the following:	85156

(1) Control the traffic in beer and intoxicating liquor in	85157
this state, including the manufacture, importation, and sale of	85158
beer and intoxicating liquor;	85159

(2) Grant or refuse permits for the manufacture,	85160
distribution, transportation, and sale of beer and intoxicating	85161
liquor and the sale of alcohol, as authorized or required by this	85162
chapter and Chapter 4303. of the Revised Code. A certificate,	85163
signed by the superintendent of liquor control and to which is	85164
affixed the official seal of the division, stating that it appears	85165
from the records of the division that no permit has been issued to	85166
the person specified in the certificate, or that a permit, if	85167
issued, has been revoked, canceled, or suspended, shall be	85168
received as prima-facie evidence of the facts recited in the	85169
certificate in any court or before any officer of this state.	85170

(3) Put into operation, manage, and control a system of state	85171
liquor stores for the sale of spirituous liquor at retail and to	85172
holders of permits authorizing the sale of spirituous liquor;	85173
however, the division shall not establish any drive-in state	85174
liquor stores; and by means of those types of stores, and any	85175
manufacturing plants, distributing and bottling plants,	85176
warehouses, and other facilities that it considers expedient,	85177
establish and maintain a state monopoly of the distribution of	85178
spirituous liquor and its sale in packages or containers; and for	85179
that purpose, manufacture, buy, import, possess, and sell	85180
spirituous liquors as provided in this chapter and Chapter 4303.	85181
of the Revised Code, and in the rules promulgated by the	85182
superintendent of liquor control pursuant to those chapters; lease	85183
or in any manner acquire the use of any land or building required	85184
for any of those purposes; purchase any equipment that is	85185
required; and borrow money to carry on its business, and issue,	85186
sign, endorse, and accept notes, checks, and bills of exchange;	85187
but all obligations of the division created under authority of	85188
this division shall be a charge only upon the moneys received by	85189
the division from the sale of spirituous liquor and its other	85190
business transactions in connection with the sale of spirituous	85191
liquor, and shall not be general obligations of the state;	85192

(4) Enforce the administrative provisions of this chapter and	85193
Chapter 4303. of the Revised Code, and the rules and orders of the	85194
liquor control commission and the superintendent relating to the	85195
manufacture, importation, transportation, distribution, and sale	85196
of beer or intoxicating liquor. The attorney general, any	85197
prosecuting attorney, and any prosecuting officer of a municipal	85198
corporation or a municipal court shall, at the request of the	85199
division of liquor control or the department of public safety,	85200
prosecute any person charged with the violation of any provision	85201
in those chapters or of any section of the Revised Code relating	85202
to the manufacture, importation, transportation, distribution, and	85203
sale of beer or intoxicating liquor.	85204

(5) Determine the locations of all state liquor stores and	85205
manufacturing, distributing, and bottling plants required in	85206
connection with those stores, subject to this chapter and Chapter	85207
4303. of the Revised Code;	85208

(6) Conduct inspections of liquor permit premises to	85209
determine compliance with the administrative provisions of this	85210
chapter and Chapter 4303. of the Revised Code and the rules	85211
adopted under those provisions by the liquor control commission.	85212

Except as otherwise provided in division (A)(6) of this	85213
section, those inspections may be conducted only during those	85214
hours in which the permit holder is open for business and only by	85215
authorized agents or employees of the division or by any peace	85216
officer, as defined in section 2935.01 of the Revised Code.	85217
Inspections may be conducted at other hours only to determine	85218
compliance with laws or commission rules that regulate the hours	85219
of sale of beer or intoxicating liquor and only if the	85220
investigator has reasonable cause to believe that those laws or	85221
rules are being violated. Any inspection conducted pursuant to	85222
division (A)(6) of this section is subject to all of the following	85223
requirements:	85224

(a) The only property that may be confiscated is contraband,	85225
as defined in section 2901.01 of the Revised Code, or property	85226
that is otherwise necessary for evidentiary purposes.	85227

(b) A complete inventory of all property confiscated from the	85228
premises shall be given to the permit holder or the permit	85229
holder's agent or employee by the confiscating agent or officer at	85230
the conclusion of the inspection. At that time, the inventory	85231
shall be signed by the confiscating agent or officer, and the	85232
agent or officer shall give the permit holder or the permit	85233
holder's agent or employee the opportunity to sign the inventory.	85234

(c) Inspections conducted pursuant to division (A)(6) of this	85235
section shall be conducted in a reasonable manner. A finding by	85236
any court of competent jurisdiction that an inspection was not	85237
conducted in a reasonable manner in accordance with this section	85238
or any rules adopted by the commission may be considered grounds	85239
for suppression of evidence. A finding by the commission that an	85240
inspection was not conducted in a reasonable manner in accordance	85241
with this section or any rules adopted by it may be considered	85242
grounds for dismissal of the commission case.	85243

If any court of competent jurisdiction finds that property	85244
confiscated as the result of an administrative inspection is not	85245
necessary for evidentiary purposes and is not contraband, as	85246
defined in section 2901.01 of the Revised Code, the court shall	85247
order the immediate return of the confiscated property, provided	85248
that property is not otherwise subject to forfeiture, to the	85249
permit holder. However, the return of this property is not grounds	85250
for dismissal of the case. The commission likewise may order the	85251
return of confiscated property if no criminal prosecution is	85252
pending or anticipated.	85253

(7) Delegate to any of its agents or employees any power of	85254
investigation that the division possesses with respect to the	85255
enforcement of any of the administrative laws relating to beer or	85256
intoxicating liquor, provided that this division does not	85257
authorize the division to designate any agent or employee to serve	85258
as an enforcement agent. The employment and designation of	85259
enforcement agents shall be within the exclusive authority of the	85260
director of public safety pursuant to sections 5502.13 to 5502.19	85261
of the Revised Code.	85262

(8) Collect the following fees:

85263

(a) A biennial fifty-dollar registration fee for each agent,	85264
solicitor, trade marketing professional, or salesperson,	85265
registered pursuant to section 4303.25 of the Revised Code, of a	85266
beer or intoxicating liquor manufacturer, supplier, broker, trade	85267
marketing company, or wholesale distributor doing business in this	85268
state;	85269

(b) A fifty-dollar product registration fee for each new beer	85270
or intoxicating liquor product sold in this state. The product	85271
registration fee also applies to products sold in this state by	85272
B-2a and S permit holders. The product registration fee shall be	85273
accompanied by a copy of the federal label and product approval	85274
for the new product.	85275

(c) An annual three-hundred-dollar supplier registration fee	85276
from each manufacturer or supplier that produces and ships into	85277
this state, or ships into this state, intoxicating liquor or beer,	85278
in addition to an initial application fee of one hundred dollars.	85279
A manufacturer that produces and ships beer or wine into this	85280
state and that holds only an S permit is exempt from the supplier	85281
registration fee. A manufacturer that produces and ships wine into	85282
this state and that holds a B-2a permit shall pay an annual	85283
seventy-six-dollar supplier registration fee. A manufacturer that	85284
produces and ships wine into this state and that does not hold	85285
either an S or a B-2a permit, but that produces less than two	85286
hundred fifty thousand gallons of wine per year and that is	85287
entitled to a tax credit under 27 C.F.R. 24.278 shall pay an	85288
annual seventy-six-dollar supplier registration fee. A B-2a or S	85289
permit holder that does not sell its wine to wholesale	85290
distributors of wine in this state and an S permit holder that	85291
does not sell its beer to wholesale distributors of beer in this	85292
state shall not be required to submit to the division territory	85293
designation forms.	85294

Each supplier, agent, solicitor, trade marketing	85295
professional, or salesperson registration issued under this	85296
division shall authorize the person named to carry on the activity	85297
specified in the registration. Each agent, solicitor, trade	85298
marketing professional, or salesperson registration is valid for	85299
two years or for the unexpired portion of a two-year registration	85300
period. Each supplier registration is valid for one year or for	85301
the unexpired portion of a one-year registration period.	85302
Registrations shall end on their respective uniform expiration	85303
date, which shall be designated by the division, and are subject	85304
to suspension, revocation, cancellation, or fine as authorized by	85305
this chapter and Chapter 4303. of the Revised Code.	85306

As used in this division, "trade marketing company" and	85307
"trade marketing professional" have the same meanings as in	85308
section 4301.171 of the Revised Code.	85309

(9) Establish a system of electronic data interchange within	85310
the division and regulate the electronic transfer of information	85311
and funds among persons and governmental entities engaged in the	85312
manufacture, distribution, and retail sale of alcoholic beverages;	85313

(10) Notify all holders of retail permits of the forms of	85314
permissible identification for purposes of division (A) of section	85315
4301.639 of the Revised Code;	85316

(11) Exercise all other powers expressly or by necessary	85317
implication conferred upon the division by this chapter and	85318
Chapter 4303. of the Revised Code, and all powers necessary for	85319
the exercise or discharge of any power, duty, or function	85320
expressly conferred or imposed upon the division by those	85321
chapters.	85322

(B) The division may do all of the following:

85323

(1) Sue, but may be sued only in connection with the	85324
execution of leases of real estate and the purchases and contracts	85325
necessary for the operation of the state liquor stores that are	85326
made under this chapter and Chapter 4303. of the Revised Code;	85327

(2) Enter into leases and contracts of all descriptions and	85328
acquire and transfer title to personal property with regard to the	85329
sale, distribution, and storage of spirituous liquor within the	85330
state;	85331

(3) Terminate at will any lease entered into pursuant to	85332
division (B)(2) of this section upon first giving ninety days'	85333
notice in writing to the lessor of its intention to do so;	85334

(4) Fix the wholesale and retail prices at which the various	85335
classes, varieties, and brands of spirituous liquor shall be sold	85336
by the division. Those retail prices shall be the same at all	85337
state liquor stores, except to the extent that a price	85338
differential is required to collect a county sales tax levied	85339
pursuant to section 5739.021 of the Revised Code and for which tax	85340
the tax commissioner has authorized prepayment pursuant to section	85341
5739.05 of the Revised Code. In fixing selling prices, the	85342
division shall compute an anticipated gross profit at least	85343
sufficient to provide in each calendar year all costs and expenses	85344
of the division and also an adequate working capital reserve for	85345
the division. The gross profit shall not exceed forty per cent of	85346
the retail selling price based on costs of the division, and in	85347
addition the sum required by section 4301.12 of the Revised Code	85348
to be paid into the state treasury. An amount equal to one and	85349
one-half per cent of that gross profit shall be paid into the	85350
statewide treatment and prevention fund created by section 4301.30	85351
of the Revised Code and be appropriated by the general assembly	85352
from the fund to the department of ~~alcohol and drug addiction~~	85353
~~services~~mental health and addiction services as provided in	85354
section 4301.30 of the Revised Code.	85355

On spirituous liquor manufactured in this state from the	85356
juice of grapes or fruits grown in this state, the division shall	85357
compute an anticipated gross profit of not to exceed ten per cent.	85358

The wholesale prices fixed under this division shall be at a	85359
discount of not less than six per cent of the retail selling	85360
prices as determined by the division in accordance with this	85361
section.	85362

(C) The division may approve the expansion or diminution of a	85363
premises to which a liquor permit has been issued and may adopt	85364
standards governing such an expansion or diminution.	85365

Sec. 4301.30. (A) All fees collected by the division of	85366
liquor control shall be deposited in the state treasury to the	85367
credit of the undivided liquor permit fund, which is hereby	85368
created, at the time prescribed under section 4301.12 of the	85369
Revised Code. Each payment shall be accompanied by a statement	85370
showing separately the amount collected for each class of permits	85371
in each municipal corporation and in each township outside the	85372
limits of any municipal corporation in such township.	85373

(B)(1) An amount equal to forty-five per cent of the fund	85374
shall be paid from the fund into the state liquor regulatory fund,	85375
which is hereby created in the state treasury. The state liquor	85376
regulatory fund shall be used to pay the operating expenses of the	85377
division of liquor control in administering and enforcing Title	85378
XLIII of the Revised Code and the operating expenses of the liquor	85379
control commission. Investment earnings of the fund shall be	85380
credited to the fund.	85381

(2) Whenever, in the judgment of the director of budget and	85382
management, the amount of money that is in the state liquor	85383
regulatory fund is in excess of the amount that is needed to pay	85384
the operating expenses of the division in administering and	85385
enforcing Title XLIII of the Revised Code and the operating	85386
expenses of the commission, the director shall credit the excess	85387
amount to the general revenue fund.	85388

(C) Twenty per cent of the undivided liquor permit fund shall	85389
be paid into the statewide treatment and prevention fund, which is	85390
hereby created in the state treasury. This amount shall be	85391
appropriated by the general assembly, together with an amount	85392
equal to one and one-half per cent of the gross profit of the	85393
division of liquor control derived under division (B)(4) of	85394
section 4301.10 of the Revised Code, to the department of ~~alcohol~~	85395
~~and drug addiction services~~mental health and addiction services.	85396
In planning for the allocation of and in allocating these amounts	85397
for the purposes of Chapter ~~3793.~~5119. of the Revised Code, the	85398
department ~~of alcohol and drug addiction services~~ shall comply	85399
with the nondiscrimination provisions of Title VI of the Civil	85400
Rights Act of 1964, and any rules adopted under that act.	85401

(D) Thirty-five per cent of the undivided liquor permit fund	85402
shall be distributed by the superintendent of liquor control at	85403
quarterly calendar periods as follows:	85404

(1) To each municipal corporation, the aggregate amount shown	85405
by the statements to have been collected from permits in the	85406
municipal corporation, for the use of the general fund of the	85407
municipal corporation;	85408

(2) To each township, the aggregate amount shown by the	85409
statements to have been collected from permits in its territory,	85410
outside the limits of any municipal corporation located in the	85411
township, for the use of the general fund of the township, or for	85412
fire protection purposes, including buildings and equipment in the	85413
township or in an established fire district within the township,	85414
to the extent that the funds are derived from liquor permits	85415
within the territory comprising such fire district.	85416

(E) For the purpose of the distribution required by this	85417
section, E, H, and D permits covering boats or vessels are deemed	85418
to have been issued in the municipal corporation or township	85419
wherein the owner or operator of the vehicle, boat, vessel, or	85420
dining car equipment to which the permit relates has the owner's	85421
or operator's principal office or place of business within the	85422
state.	85423

(F) If the liquor control commission determines that the	85424
police or other officers of any municipal corporation or township	85425
entitled to share in distributions under this section are refusing	85426
or culpably neglecting to enforce this chapter and Chapter 4303.	85427
of the Revised Code, or the penal laws of this state relating to	85428
the manufacture, importation, transportation, distribution, and	85429
sale of beer and intoxicating liquors, or if the prosecuting	85430
officer of a municipal corporation or a municipal court fails to	85431
comply with the request of the commission authorized by division	85432
(A)(4) of section 4301.10 of the Revised Code, the commission, by	85433
certified mail, may notify the chief executive officer of the	85434
municipal corporation or the board of township trustees of the	85435
township of the failure and require the immediate cooperation of	85436
the responsible officers of the municipal corporation or township	85437
with the division of liquor control in the enforcement of those	85438
chapters and penal laws. Within thirty days after the notice is	85439
served, the commission shall determine whether the requirement has	85440
been complied with. If the commission determines that the	85441
requirement has not been complied with, it may issue an order to	85442
the superintendent to withhold the distributive share of the	85443
municipal corporation or township until further order of the	85444
commission. This action of the commission is reviewable within	85445
thirty days thereafter in the court of common pleas of Franklin	85446
county.	85447

(G) All fees collected by the division of liquor control from	85448
the issuance or renewal of B-2a and S permits, and paid by B-2a	85449
and S permit holders who do not also hold A-2 permits, shall be	85450
deposited in the state treasury to the credit of the state liquor	85451
regulatory fund. Once during each fiscal year, an amount equal to	85452
fifty per cent of the fees collected shall be paid from the state	85453
liquor regulatory fund into the general revenue fund.	85454

Sec. 4301.421. (A) For the purposes of section 307.696 of	85455
the Revised Code, to pay the expenses of administering the tax,	85456
and to pay any or all of the charge the board of elections makes	85457
against the county to hold the election on the question of levying	85458
the tax, or for those purposes and to provide revenues to the	85459
county for permanent improvements, the board of county	85460
commissioners may levy a tax on the sale of beer at a rate not to	85461
exceed sixteen cents per gallon, on the sale of cider at a rate	85462
not to exceed twenty-four cents per gallon, and on the sale of	85463
wine and mixed beverages at a rate not to exceed thirty-two cents	85464
per gallon. The tax shall be imposed on all beer, cider, wine, and	85465
mixed beverages sold for resale at retail in the county, and on	85466
all beer, cider, wine, and mixed beverages sold at retail in the	85467
county by the manufacturer, bottler, importer, or other person	85468
upon which the tax has not been paid. The tax shall not be levied	85469
on the sale of wine to be used for known sacramental purposes. The	85470
tax may be levied for any number of years not exceeding twenty.	85471
The tax shall be in addition to the taxes imposed by sections	85472
4301.42, 4301.43, 4301.432, and 4305.01 of the Revised Code. The	85473
tax shall not be considered a cost in any computation required	85474
under rules of the liquor control commission regulating minimum	85475
prices or mark-ups.	85476

Only one sale of the same article shall be used in computing,	85477
reporting, and paying the amount of tax due.	85478

The tax shall be levied pursuant to a resolution of the	85479
county commissioners approved by a majority of the electors in the	85480
county voting on the question of levying the tax, which resolution	85481
shall specify the rate of the tax, the number of years the tax	85482
will be levied, and the purposes for which the tax is levied. The	85483
election may be held on the date of a general election or special	85484
election held not sooner than ninety days after the date the board	85485
certifies its resolution to the board of elections. If approved by	85486
the electors, the tax shall take effect on the first day of the	85487
month specified in the resolution but not sooner than the first	85488
day of the month that is at least sixty days after the	85489
certification of the election results by the board of elections. A	85490
copy of the resolution levying the tax and the certification of	85491
the board of elections shall be certified to the tax commissioner	85492
at least sixty days prior to the date on which the tax is to	85493
become effective.	85494

A resolution under this section may be joined on the ballot	85495
as a single question with a resolution adopted under section	85496
307.697 or 5743.024 of the Revised Code to levy a tax for the same	85497
purposes and for the purpose of paying the expenses of	85498
administering the tax. The form of the ballot in an election held	85499
pursuant to this section shall be as prescribed in section 307.697	85500
of the Revised Code.	85501

(B) The board of county commissioners of a county in which a	85502
tax is imposed under this section on ~~July 19, 1995,~~the effective	85503
date of the amendment of this section by H.B. 59 of the 130th	85504
general assembly may levy a tax for the purpose of section 307.673	85505
of the Revised Code regardless of whether or not the cooperative	85506
agreement authorized under that section has been entered into	85507
prior to the day the resolution adopted under division (B)(1) or	85508
(2) of this section is adopted, ~~and~~ for the purpose of	85509
reimbursing a county for costs incurred in the construction of a	85510
sports facility pursuant to an agreement entered into by the	85511
county under section 307.696 of the Revised Code, or for the	85512
purpose of paying the costs of capital repairs of and improvements	85513
to a sports facility. The tax shall be levied and approved in one	85514
of the manners prescribed by division (B)(1) or (2) of this	85515
section.	85516

(1) The tax may be levied pursuant to a resolution adopted by	85517
a majority of the members of the board of county commissioners not	85518
later than September 2, 1995. A board of county commissioners	85519
approving a tax under division (B)(1) of this section may approve	85520
a tax under division (D)(1) of section 307.697 or division (C)(1)	85521
of section 5743.024 of the Revised Code at the same time. Subject	85522
to the resolution being submitted to a referendum under sections	85523
305.31 to 305.41 of the Revised Code, the resolution shall take	85524
effect immediately, but the tax levied pursuant to the resolution	85525
shall not be levied prior to the day following the last day ~~the~~	85526
that any tax previously levied pursuant to this division ~~(A) of~~	85527
~~this section~~ may be levied.	85528

(2) The tax may be levied pursuant to a resolution adopted by	85529
a majority of the members of the board of county commissioners not	85530
later than September ~~2, 1995~~1, 2015, and approved by a majority	85531
of the electors of the county voting on the question of levying	85532
the tax ~~at the next succeeding general election following July~~	85533
~~19, 1995~~. The board of county commissioners shall certify a copy	85534
of the resolution to the board of elections immediately upon	85535
adopting a resolution under division (D)(2) of this section~~, and~~	85536
~~the board of elections shall place the question of levying the tax~~	85537
~~on the ballot at that election~~. The election may be held on the	85538
date of a general or special election held not sooner than ninety	85539
days after the date the board certifies its resolution to the	85540
board of elections. The form of the ballot shall be as prescribed	85541
by division (C) of section 307.697 of the Revised Code, except	85542
that the phrase "paying not more than one-half of the costs of	85543
providing a sports facility together with related redevelopment	85544
and economic development projects" shall be replaced by the phrase	85545
"paying the costs of constructing or, renovating, improving, or	85546
repairing a sports facility and reimbursing a county for costs	85547
incurred by the county in the construction of a sports facility,"	85548
and the phrase ", beginning .......... (here insert the earliest	85549
date the tax would take effect)" shall be appended after "years."	85550
A board of county commissioners submitting the question of a tax	85551
under division (B)(2) of this section may submit the question of a	85552
tax under division (D)(2) of section 307.697 or division (C)(2) of	85553
section 5743.024 of the Revised Code as a single question, and the	85554
form of the ballot shall include each of the proposed taxes.	85555

If approved by a majority of electors voting on the question,	85556
the tax shall take effect on the day specified on the ballot,	85557
which shall not be earlier than the day following the last day ~~the~~	85558
that any tax previously levied pursuant to this division ~~(A) of~~	85559
~~this section~~ may be levied.	85560

The rate of a tax levied pursuant to division (B)(1) or (2)	85561
of this section shall not exceed the rate specified in division	85562
(A) of this section. A tax levied pursuant to division (B)(1) or	85563
(2) of this section may be levied for any number of years not	85564
exceeding twenty.	85565

A board of county commissioners adopting a resolution under	85566
division (B)(1) or (2) of this section shall certify a copy of the	85567
resolution to the tax commissioner immediately upon adoption of	85568
the resolution.	85569

(C) No tax shall be levied under division (A) of this section	85570
on or after September 23, 2008. This division does not apply to a	85571
tax levied under division (B) of this section, and does not	85572
prevent the collection of any tax levied under this section before	85573
~~that date~~September 23, 2008, so long as that tax remains	85574
effective.	85575

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	85576
the Revised Code:	85577

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	85578
fluid ounces.	85579

(2) "Sale" or "sell" includes exchange, barter, gift,	85580
distribution, and, except with respect to A-4 permit holders,	85581
offer for sale.	85582

(B) For the purposes of providing revenues for the support of	85583
the state and encouraging the grape industries in the state, a tax	85584
is hereby levied on the sale or distribution of wine in Ohio,	85585
except for known sacramental purposes, at the rate of thirty cents	85586
per wine gallon for wine containing not less than four per cent of	85587
alcohol by volume and not more than fourteen per cent of alcohol	85588
by volume, ninety-eight cents per wine gallon for wine containing	85589
more than fourteen per cent but not more than twenty-one per cent	85590
of alcohol by volume, one dollar and eight cents per wine gallon	85591
for vermouth, and one dollar and forty-eight cents per wine gallon	85592
for sparkling and carbonated wine and champagne, the tax to be	85593
paid by the holders of A-2 and B-5 permits or by any other person	85594
selling or distributing wine upon which no tax has been paid. From	85595
the tax paid under this section on wine, vermouth, and sparkling	85596
and carbonated wine and champagne, the treasurer of state shall	85597
credit to the Ohio grape industries fund created under section	85598
924.54 of the Revised Code a sum equal to one cent per gallon for	85599
each gallon upon which the tax is paid.	85600

(C) For the purpose of providing revenues for the support of	85601
the state, there is hereby levied a tax on prepared and bottled	85602
highballs, cocktails, cordials, and other mixed beverages at the	85603
rate of one dollar and twenty cents per wine gallon to be paid by	85604
holders of A-4 permits or by any other person selling or	85605
distributing those products upon which no tax has been paid. Only	85606
one sale of the same article shall be used in computing the amount	85607
of tax due. The tax on mixed beverages to be paid by holders of	85608
A-4 permits under this section shall not attach until the	85609
ownership of the mixed beverage is transferred for valuable	85610
consideration to a wholesaler or retailer, and no payment of the	85611
tax shall be required prior to that time.	85612

(D) During the period of July 1, ~~2011~~2013, through June 30,	85613
~~2013~~2015, from the tax paid under this section on wine, vermouth,	85614
and sparkling and carbonated wine and champagne, the treasurer of	85615
state shall credit to the Ohio grape industries fund created under	85616
section 924.54 of the Revised Code a sum equal to two cents per	85617
gallon upon which the tax is paid. The amount credited under this	85618
division is in addition to the amount credited to the Ohio grape	85619
industries fund under division (B) of this section.	85620

(E) For the purpose of providing revenues for the support of	85621
the state, there is hereby levied a tax on cider at the rate of	85622
twenty-four cents per wine gallon to be paid by the holders of A-2	85623
and B-5 permits or by any other person selling or distributing	85624
cider upon which no tax has been paid. Only one sale of the same	85625
article shall be used in computing the amount of the tax due.	85626

Sec. 4301.62. (A) As used in this section:

85627

(1) "Chauffeured limousine" means a vehicle registered under	85628
section 4503.24 of the Revised Code.	85629

(2) "Street," "highway," and "motor vehicle" have the same	85630
meanings as in section 4511.01 of the Revised Code.	85631

(B) No person shall have in the person's possession an opened	85632
container of beer or intoxicating liquor in any of the following	85633
circumstances:	85634

(1) Except as provided in division (C)(1)(e) of this section,	85635
in an agency store;	85636

(2) Except as provided in division (C) of this section, on	85637
the premises of the holder of any permit issued by the division of	85638
liquor control;	85639

(3) In any other public place;

85640

(4) Except as provided in division (D) or (E) of this	85641
section, while operating or being a passenger in or on a motor	85642
vehicle on any street, highway, or other public or private	85643
property open to the public for purposes of vehicular travel or	85644
parking;	85645

(5) Except as provided in division (D) or (E) of this	85646
section, while being in or on a stationary motor vehicle on any	85647
street, highway, or other public or private property open to the	85648
public for purposes of vehicular travel or parking.	85649

(C)(1) A person may have in the person's possession an opened	85650
container of any of the following:	85651

(a) Beer or intoxicating liquor that has been lawfully	85652
purchased for consumption on the premises where bought from the	85653
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	85654
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	85655
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	85656
F-8 permit;	85657

(b) Beer, wine, or mixed beverages served for consumption on	85658
the premises by the holder of an F-3 permit or wine served for	85659
consumption on the premises by the holder of an F-4 or F-6 permit;	85660

(c) Beer or intoxicating liquor consumed on the premises of a	85661
convention facility as provided in section 4303.201 of the Revised	85662
Code;	85663

(d) Beer or intoxicating liquor to be consumed during	85664
tastings and samplings approved by rule of the liquor control	85665
commission;	85666

(e) Spirituous liquor to be consumed for purposes of a	85667
tasting sample, as defined in section 4301.171 of the Revised	85668
Code.	85669

(2) A person may have in the person's possession on an F	85670
liquor permit premises an opened container of beer or intoxicating	85671
liquor that was not purchased from the holder of the F permit if	85672
the premises for which the F permit is issued is a music festival	85673
and the holder of the F permit grants permission for that	85674
possession on the premises during the period for which the F	85675
permit is issued. As used in this division, "music festival" means	85676
a series of outdoor live musical performances, extending for a	85677
period of at least three consecutive days and located on an area	85678
of land of at least forty acres.	85679

(3)(a) A person may have in the person's possession on a D-2	85680
liquor permit premises an opened or unopened container of wine	85681
that was not purchased from the holder of the D-2 permit if the	85682
premises for which the D-2 permit is issued is an outdoor	85683
performing arts center, the person is attending an orchestral	85684
performance, and the holder of the D-2 permit grants permission	85685
for the possession and consumption of wine in certain	85686
predesignated areas of the premises during the period for which	85687
the D-2 permit is issued.	85688

(b) As used in division (C)(3)(a) of this section:

85689

(i) "Orchestral performance" means a concert comprised of a	85690
group of not fewer than forty musicians playing various musical	85691
instruments.	85692

(ii) "Outdoor performing arts center" means an outdoor	85693
performing arts center that is located on not less than one	85694
hundred fifty acres of land and that is open for performances from	85695
the first day of April to the last day of October of each year.	85696

(4) A person may have in the person's possession an opened or	85697
unopened container of beer or intoxicating liquor at an outdoor	85698
location at which the person is attending an orchestral	85699
performance as defined in division (C)(3)(b)(i) of this section if	85700
the person with supervision and control over the performance	85701
grants permission for the possession and consumption of beer or	85702
intoxicating liquor in certain predesignated areas of that outdoor	85703
location.	85704

(5) A person may have in the person's possession on an F-9	85705
liquor permit premises an opened or unopened container of beer or	85706
intoxicating liquor that was not purchased from the holder of the	85707
F-9 permit if the person is attending an orchestral performance	85708
and the holder of the F-9 permit grants permission for the	85709
possession and consumption of beer or intoxicating liquor in	85710
certain predesignated areas of the premises during the period for	85711
which the F-9 permit is issued.	85712

As used in division (C)(5) of this section, "orchestral	85713
performance" has the same meaning as in division (C)(3)(b) of this	85714
section.	85715

(6)(a) A person may have in the person's possession on the	85716
property of an outdoor motorsports facility an opened or unopened	85717
container of beer or intoxicating liquor that was not purchased	85718
from the owner of the facility if both of the following apply:	85719

(i) The person is attending a racing event at the facility;	85720
and	85721

(ii) The owner of the facility grants permission for the	85722
possession and consumption of beer or intoxicating liquor on the	85723
property of the facility.	85724

(b) As used in division (C)(6)(a) of this section:

85725

(i) "Racing event" means a motor vehicle racing event	85726
sanctioned by one or more motor racing sanctioning organizations.	85727

(ii) "Outdoor motorsports facility" means an outdoor	85728
racetrack to which all of the following apply:	85729

(I) It is two and four-tenths miles or more in length.

85730

(II) It is located on two hundred acres or more of land.

85731

(III) The primary business of the owner of the facility is	85732
the hosting and promoting of racing events.	85733

(IV) The holder of a D-1, D-2, or D-3 permit is located on	85734
the property of the facility.	85735

(D) This section does not apply to a person who pays all or a	85736
portion of the fee imposed for the use of a chauffeured limousine	85737
pursuant to a prearranged contract, or the guest of the person,	85738
when all of the following apply:	85739

(1) The person or guest is a passenger in the limousine.

85740

(2) The person or guest is located in the limousine, but is	85741
not occupying a seat in the front compartment of the limousine	85742
where the operator of the limousine is located.	85743

(3) The limousine is located on any street, highway, or other	85744
public or private property open to the public for purposes of	85745
vehicular travel or parking.	85746

(E) An opened bottle of wine that was purchased from the	85747
holder of a permit that authorizes the sale of wine for	85748
consumption on the premises where sold is not an opened container	85749
for the purposes of this section if both of the following apply:	85750

(1) The opened bottle of wine is securely resealed by the	85751
permit holder or an employee of the permit holder before the	85752
bottle is removed from the premises. The bottle shall be secured	85753
in such a manner that it is visibly apparent if the bottle has	85754
been subsequently opened or tampered with.	85755

(2) The opened bottle of wine that is resealed in accordance	85756
with division (E)(1) of this section is stored in the trunk of a	85757
motor vehicle or, if the motor vehicle does not have a trunk,	85758
behind the last upright seat or in an area not normally occupied	85759
by the driver or passengers and not easily accessible by the	85760
driver.	85761

Sec. 4303.181. (A) Permit D-5a may be issued either to the	85762
owner or operator of a hotel or motel that is required to be	85763
licensed under section 3731.03 of the Revised Code, that contains	85764
at least fifty rooms for registered transient guests or is owned	85765
by a state institution of higher education as defined in section	85766
3345.011 of the Revised Code or a private college or university,	85767
and that qualifies under the other requirements of this section,	85768
or to the owner or operator of a restaurant specified under this	85769
section, to sell beer and any intoxicating liquor at retail, only	85770
by the individual drink in glass and from the container, for	85771
consumption on the premises where sold, and to registered guests	85772
in their rooms, which may be sold by means of a controlled access	85773
alcohol and beverage cabinet in accordance with division (B) of	85774
section 4301.21 of the Revised Code; and to sell the same products	85775
in the same manner and amounts not for consumption on the premises	85776
as may be sold by holders of D-1 and D-2 permits. The premises of	85777
the hotel or motel shall include a retail food establishment or a	85778
food service operation licensed pursuant to Chapter 3717. of the	85779
Revised Code that operates as a restaurant for purposes of this	85780
chapter and that is affiliated with the hotel or motel and within	85781
or contiguous to the hotel or motel, and that serves food within	85782
the hotel or motel, but the principal business of the owner or	85783
operator of the hotel or motel shall be the accommodation of	85784
transient guests. In addition to the privileges authorized in this	85785
division, the holder of a D-5a permit may exercise the same	85786
privileges as the holder of a D-5 permit.	85787

The owner or operator of a hotel, motel, or restaurant who	85788
qualified for and held a D-5a permit on August 4, 1976, may, if	85789
the owner or operator held another permit before holding a D-5a	85790
permit, either retain a D-5a permit or apply for the permit	85791
formerly held, and the division of liquor control shall issue the	85792
permit for which the owner or operator applies and formerly held,	85793
notwithstanding any quota.	85794

A D-5a permit shall not be transferred to another location.	85795
No quota restriction shall be placed on the number of D-5a permits	85796
that may be issued.	85797

The fee for this permit is two thousand three hundred	85798
forty-four dollars.	85799

(B) Permit D-5b may be issued to the owner, operator, tenant,	85800
lessee, or occupant of an enclosed shopping center to sell beer	85801
and intoxicating liquor at retail, only by the individual drink in	85802
glass and from the container, for consumption on the premises	85803
where sold; and to sell the same products in the same manner and	85804
amount not for consumption on the premises as may be sold by	85805
holders of D-1 and D-2 permits. In addition to the privileges	85806
authorized in this division, the holder of a D-5b permit may	85807
exercise the same privileges as a holder of a D-5 permit.	85808

A D-5b permit shall not be transferred to another location.

85809

One D-5b permit may be issued at an enclosed shopping center	85810
containing at least two hundred twenty-five thousand, but less	85811
than four hundred thousand, square feet of floor area.	85812

Two D-5b permits may be issued at an enclosed shopping center	85813
containing at least four hundred thousand square feet of floor	85814
area. No more than one D-5b permit may be issued at an enclosed	85815
shopping center for each additional two hundred thousand square	85816
feet of floor area or fraction of that floor area, up to a maximum	85817
of five D-5b permits for each enclosed shopping center. The number	85818
of D-5b permits that may be issued at an enclosed shopping center	85819
shall be determined by subtracting the number of D-3 and D-5	85820
permits issued in the enclosed shopping center from the number of	85821
D-5b permits that otherwise may be issued at the enclosed shopping	85822
center under the formulas provided in this division. Except as	85823
provided in this section, no quota shall be placed on the number	85824
of D-5b permits that may be issued. Notwithstanding any quota	85825
provided in this section, the holder of any D-5b permit first	85826
issued in accordance with this section is entitled to its renewal	85827
in accordance with section 4303.271 of the Revised Code.	85828

The holder of a D-5b permit issued before April 4, 1984,	85829
whose tenancy is terminated for a cause other than nonpayment of	85830
rent, may return the D-5b permit to the division of liquor	85831
control, and the division shall cancel that permit. Upon	85832
cancellation of that permit and upon the permit holder's payment	85833
of taxes, contributions, premiums, assessments, and other debts	85834
owing or accrued upon the date of cancellation to this state and	85835
its political subdivisions and a filing with the division of a	85836
certification of that payment, the division shall issue to that	85837
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	85838
that person requests. The division shall issue the D-5 permit, or	85839
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	85840
D-3, or D-5 permits currently issued in the municipal corporation	85841
or in the unincorporated area of the township where that person's	85842
proposed premises is located equals or exceeds the maximum number	85843
of such permits that can be issued in that municipal corporation	85844
or in the unincorporated area of that township under the	85845
population quota restrictions contained in section 4303.29 of the	85846
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	85847
be transferred to another location. If a D-5b permit is canceled	85848
under the provisions of this paragraph, the number of D-5b permits	85849
that may be issued at the enclosed shopping center for which the	85850
D-5b permit was issued, under the formula provided in this	85851
division, shall be reduced by one if the enclosed shopping center	85852
was entitled to more than one D-5b permit under the formula.	85853

The fee for this permit is two thousand three hundred	85854
forty-four dollars.	85855

(C) Permit D-5c may be issued to the owner or operator of a	85856
retail food establishment or a food service operation licensed	85857
pursuant to Chapter 3717. of the Revised Code that operates as a	85858
restaurant for purposes of this chapter and that qualifies under	85859
the other requirements of this section to sell beer and any	85860
intoxicating liquor at retail, only by the individual drink in	85861
glass and from the container, for consumption on the premises	85862
where sold, and to sell the same products in the same manner and	85863
amounts not for consumption on the premises as may be sold by	85864
holders of D-1 and D-2 permits. In addition to the privileges	85865
authorized in this division, the holder of a D-5c permit may	85866
exercise the same privileges as the holder of a D-5 permit.	85867

To qualify for a D-5c permit, the owner or operator of a	85868
retail food establishment or a food service operation licensed	85869
pursuant to Chapter 3717. of the Revised Code that operates as a	85870
restaurant for purposes of this chapter, shall have operated the	85871
restaurant at the proposed premises for not less than twenty-four	85872
consecutive months immediately preceding the filing of the	85873
application for the permit, have applied for a D-5 permit no later	85874
than December 31, 1988, and appear on the division's quota waiting	85875
list for not less than six months immediately preceding the filing	85876
of the application for the permit. In addition to these	85877
requirements, the proposed D-5c permit premises shall be located	85878
within a municipal corporation and further within an election	85879
precinct that, at the time of the application, has no more than	85880
twenty-five per cent of its total land area zoned for residential	85881
use.	85882

A D-5c permit shall not be transferred to another location.	85883
No quota restriction shall be placed on the number of such permits	85884
that may be issued.	85885

Any person who has held a D-5c permit for at least two years	85886
may apply for a D-5 permit, and the division of liquor control	85887
shall issue the D-5 permit notwithstanding the quota restrictions	85888
contained in section 4303.29 of the Revised Code or in any rule of	85889
the liquor control commission.	85890

The fee for this permit is one thousand five hundred	85891
sixty-three dollars.	85892

(D) Permit D-5d may be issued to the owner or operator of a	85893
retail food establishment or a food service operation licensed	85894
pursuant to Chapter 3717. of the Revised Code that operates as a	85895
restaurant for purposes of this chapter and that is located at an	85896
airport operated by a board of county commissioners pursuant to	85897
section 307.20 of the Revised Code, at an airport operated by a	85898
port authority pursuant to Chapter 4582. of the Revised Code, or	85899
at an airport operated by a regional airport authority pursuant to	85900
Chapter 308. of the Revised Code. The holder of a D-5d permit may	85901
sell beer and any intoxicating liquor at retail, only by the	85902
individual drink in glass and from the container, for consumption	85903
on the premises where sold, and may sell the same products in the	85904
same manner and amounts not for consumption on the premises where	85905
sold as may be sold by the holders of D-1 and D-2 permits. In	85906
addition to the privileges authorized in this division, the holder	85907
of a D-5d permit may exercise the same privileges as the holder of	85908
a D-5 permit.	85909

A D-5d permit shall not be transferred to another location.	85910
No quota restrictions shall be placed on the number of such	85911
permits that may be issued.	85912

The fee for this permit is two thousand three hundred	85913
forty-four dollars.	85914

(E) Permit D-5e may be issued to any nonprofit organization	85915
that is exempt from federal income taxation under the "Internal	85916
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	85917
amended, or that is a charitable organization under any chapter of	85918
the Revised Code, and that owns or operates a riverboat that meets	85919
all of the following:	85920

(1) Is permanently docked at one location;

85921

(2) Is designated as an historical riverboat by the Ohio	85922
historical society;	85923

(3) Contains not less than fifteen hundred square feet of	85924
floor area;	85925

(4) Has a seating capacity of fifty or more persons.

85926

The holder of a D-5e permit may sell beer and intoxicating	85927
liquor at retail, only by the individual drink in glass and from	85928
the container, for consumption on the premises where sold.	85929

A D-5e permit shall not be transferred to another location.	85930
No quota restriction shall be placed on the number of such permits	85931
that may be issued. The population quota restrictions contained in	85932
section 4303.29 of the Revised Code or in any rule of the liquor	85933
control commission shall not apply to this division, and the	85934
division shall issue a D-5e permit to any applicant who meets the	85935
requirements of this division. However, the division shall not	85936
issue a D-5e permit if the permit premises or proposed permit	85937
premises are located within an area in which the sale of	85938
spirituous liquor by the glass is prohibited.	85939

The fee for this permit is one thousand two hundred nineteen	85940
dollars.	85941

(F) Permit D-5f may be issued to the owner or operator of a	85942
retail food establishment or a food service operation licensed	85943
under Chapter 3717. of the Revised Code that operates as a	85944
restaurant for purposes of this chapter and that meets all of the	85945
following:	85946

(1) It contains not less than twenty-five hundred square feet	85947
of floor area.	85948

(2) It is located on or in, or immediately adjacent to, the	85949
shoreline of, a navigable river.	85950

(3) It provides docking space for twenty-five boats.

85951

(4) It provides entertainment and recreation, provided that	85952
not less than fifty per cent of the business on the permit	85953
premises shall be preparing and serving meals for a consideration.	85954

In addition, each application for a D-5f permit shall be	85955
accompanied by a certification from the local legislative	85956
authority that the issuance of the D-5f permit is not inconsistent	85957
with that political subdivision's comprehensive development plan	85958
or other economic development goal as officially established by	85959
the local legislative authority.	85960

The holder of a D-5f permit may sell beer and intoxicating	85961
liquor at retail, only by the individual drink in glass and from	85962
the container, for consumption on the premises where sold.	85963

A D-5f permit shall not be transferred to another location.

85964

The division of liquor control shall not issue a D-5f permit	85965
if the permit premises or proposed permit premises are located	85966
within an area in which the sale of spirituous liquor by the glass	85967
is prohibited.	85968

A fee for this permit is two thousand three hundred	85969
forty-four dollars.	85970

As used in this division, "navigable river" means a river	85971
that is also a "navigable water" as defined in the "Federal Power	85972
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	85973

(G) Permit D-5g may be issued to a nonprofit corporation that	85974
is either the owner or the operator of a national professional	85975
sports museum. The holder of a D-5g permit may sell beer and any	85976
intoxicating liquor at retail, only by the individual drink in	85977
glass and from the container, for consumption on the premises	85978
where sold. The holder of a D-5g permit shall sell no beer or	85979
intoxicating liquor for consumption on the premises where sold	85980
after two-thirty a.m. A D-5g permit shall not be transferred to	85981
another location. No quota restrictions shall be placed on the	85982
number of D-5g permits that may be issued. The fee for this permit	85983
is one thousand eight hundred seventy-five dollars.	85984

(H)(1) Permit D-5h may be issued to any nonprofit	85985
organization that is exempt from federal income taxation under the	85986
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	85987
501(c)(3), as amended, that owns or operates any of the following:	85988

(a) A fine arts museum, provided that the nonprofit	85989
organization has no less than one thousand five hundred bona fide	85990
members possessing full membership privileges;	85991

(b) A community arts center. As used in division (H)(1)(b) of	85992
this section, "community arts center" means a facility that	85993
provides arts programming to the community in more than one arts	85994
discipline, including, but not limited to, exhibits of works of	85995
art and performances by both professional and amateur artists.	85996

(c) A community theater, provided that the nonprofit	85997
organization is a member of the Ohio arts council and the American	85998
community theatre association and has been in existence for not	85999
less than ten years. As used in division (H)(1)(c) of this	86000
section, "community theater" means a facility that contains at	86001
least one hundred fifty seats and has a primary function of	86002
presenting live theatrical performances and providing recreational	86003
opportunities to the community.	86004

(2) The holder of a D-5h permit may sell beer and any	86005
intoxicating liquor at retail, only by the individual drink in	86006
glass and from the container, for consumption on the premises	86007
where sold. The holder of a D-5h permit shall sell no beer or	86008
intoxicating liquor for consumption on the premises where sold	86009
after one a.m. A D-5h permit shall not be transferred to another	86010
location. No quota restrictions shall be placed on the number of	86011
D-5h permits that may be issued.	86012

(3) The fee for a D-5h permit is one thousand eight hundred	86013
seventy-five dollars.	86014

(I) Permit D-5i may be issued to the owner or operator of a	86015
retail food establishment or a food service operation licensed	86016
under Chapter 3717. of the Revised Code that operates as a	86017
restaurant for purposes of this chapter and that meets all of the	86018
following requirements:	86019

(1) It is located in a municipal corporation or a township	86020
with a population of one hundred thousand or less.	86021

(2) It has inside seating capacity for at least one hundred	86022
forty persons.	86023

(3) It has at least four thousand square feet of floor area.

86024

(4) It offers full-course meals, appetizers, and sandwiches.

86025

(5) Its receipts from beer and liquor sales, excluding wine	86026
sales, do not exceed twenty-five per cent of its total gross	86027
receipts.	86028

(6) It has at least one of the following characteristics:

86029

(a) The value of its real and personal property exceeds seven	86030
hundred twenty-five thousand dollars.	86031

(b) It is located on property that is owned or leased by the	86032
state or a state agency, and its owner or operator has	86033
authorization from the state or the state agency that owns or	86034
leases the property to obtain a D-5i permit.	86035

The holder of a D-5i permit may sell beer and any	86036
intoxicating liquor at retail, only by the individual drink in	86037
glass and from the container, for consumption on the premises	86038
where sold, and may sell the same products in the same manner and	86039
amounts not for consumption on the premises where sold as may be	86040
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	86041
permit shall sell no beer or intoxicating liquor for consumption	86042
on the premises where sold after two-thirty a.m. In addition to	86043
the privileges authorized in this division, the holder of a D-5i	86044
permit may exercise the same privileges as the holder of a D-5	86045
permit.	86046

A D-5i permit shall not be transferred to another location.	86047
The division of liquor control shall not renew a D-5i permit	86048
unless the retail food establishment or food service operation for	86049
which it is issued continues to meet the requirements described in	86050
divisions (I)(1) to (6) of this section. No quota restrictions	86051
shall be placed on the number of D-5i permits that may be issued.	86052
The fee for the D-5i permit is two thousand three hundred	86053
forty-four dollars.	86054

(J) Permit D-5j may be issued to the owner or the operator of	86055
a retail food establishment or a food service operation licensed	86056
under Chapter 3717. of the Revised Code to sell beer and	86057
intoxicating liquor at retail, only by the individual drink in	86058
glass and from the container, for consumption on the premises	86059
where sold and to sell beer and intoxicating liquor in the same	86060
manner and amounts not for consumption on the premises where sold	86061
as may be sold by the holders of D-1 and D-2 permits. The holder	86062
of a D-5j permit may exercise the same privileges, and shall	86063
observe the same hours of operation, as the holder of a D-5	86064
permit.	86065

The D-5j permit shall be issued only within a community	86066
entertainment district that is designated under section 4301.80 of	86067
the Revised Code and that meets one of the following	86068
qualifications:	86069

(1) It is located in a municipal corporation with a	86070
population of at least one hundred thousand.	86071

(2) It is located in a municipal corporation with a	86072
population of at least twenty thousand, and either of the	86073
following applies:	86074

(a) It contains an amusement park the rides of which have	86075
been issued a permit by the department of agriculture under	86076
Chapter 1711. of the Revised Code.	86077

(b) Not less than fifty million dollars will be invested in	86078
development and construction in the community entertainment	86079
district's area located in the municipal corporation.	86080

(3) It is located in a township with a population of at least	86081
forty thousand.	86082

(4) It is located in a township with a population of at least	86083
twenty thousand, and not less than seventy million dollars will be	86084
invested in development and construction in the community	86085
entertainment district's area located in the township.	86086

(5) It is located in a municipal corporation with a	86087
population between ten thousand and twenty thousand, and both of	86088
the following apply:	86089

(a) The municipal corporation was incorporated as a village	86090
prior to calendar year ~~1840~~1860 and currently has a historic	86091
downtown business district.	86092

(b) The municipal corporation is located in the same county	86093
as another municipal corporation with at least one community	86094
entertainment district.	86095

(6) It is located in a municipal corporation with a	86096
population of at least ten thousand, and not less than seventy	86097
million dollars will be invested in development and construction	86098
in the community entertainment district's area located in the	86099
municipal corporation.	86100

(7) It is located in a municipal corporation with a	86101
population of at least five thousand, and not less than one	86102
hundred million dollars will be invested in development and	86103
construction in the community entertainment district's area	86104
located in the municipal corporation.	86105

The location of a D-5j permit may be transferred only within	86106
the geographic boundaries of the community entertainment district	86107
in which it was issued and shall not be transferred outside the	86108
geographic boundaries of that district.	86109

Not more than one D-5j permit shall be issued within each	86110
community entertainment district for each five acres of land	86111
located within the district. Not more than fifteen D-5j permits	86112
may be issued within a single community entertainment district.	86113
Except as otherwise provided in division (J)(4) of this section,	86114
no quota restrictions shall be placed upon the number of D-5j	86115
permits that may be issued.	86116

The fee for a D-5j permit is two thousand three hundred	86117
forty-four dollars.	86118

(K)(1) Permit D-5k may be issued to any nonprofit	86119
organization that is exempt from federal income taxation under the	86120
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	86121
501(c)(3), as amended, that is the owner or operator of a	86122
botanical garden recognized by the American association of	86123
botanical gardens and arboreta, and that has not less than	86124
twenty-five hundred bona fide members.	86125

(2) The holder of a D-5k permit may sell beer and any	86126
intoxicating liquor at retail, only by the individual drink in	86127
glass and from the container, on the premises where sold.	86128

(3) The holder of a D-5k permit shall sell no beer or	86129
intoxicating liquor for consumption on the premises where sold	86130
after one a.m.	86131

(4) A D-5k permit shall not be transferred to another	86132
location.	86133

(5) No quota restrictions shall be placed on the number of	86134
D-5k permits that may be issued.	86135

(6) The fee for the D-5k permit is one thousand eight hundred	86136
seventy-five dollars.	86137

(L)(1) Permit D-5l may be issued to the owner or the operator	86138
of a retail food establishment or a food service operation	86139
licensed under Chapter 3717. of the Revised Code to sell beer and	86140
intoxicating liquor at retail, only by the individual drink in	86141
glass and from the container, for consumption on the premises	86142
where sold and to sell beer and intoxicating liquor in the same	86143
manner and amounts not for consumption on the premises where sold	86144
as may be sold by the holders of D-1 and D-2 permits. The holder	86145
of a D-5l permit may exercise the same privileges, and shall	86146
observe the same hours of operation, as the holder of a D-5	86147
permit.	86148

(2) The D-5l permit shall be issued only to a premises to	86149
which all of the following apply:	86150

(a) The premises has gross annual receipts from the sale of	86151
food and meals that constitute not less than seventy-five per cent	86152
of its total gross annual receipts.	86153

(b) The premises is located within a revitalization district	86154
that is designated under section 4301.81 of the Revised Code.	86155

(c) The premises is located in a municipal corporation or	86156
township in which the number of D-5 permits issued equals or	86157
exceeds the number of those permits that may be issued in that	86158
municipal corporation or township under section 4303.29 of the	86159
Revised Code.	86160

(d) The premises meets any of the following qualifications:

86161

(i) It is located in a county with a population of one	86162
hundred twenty-five thousand or less according to the population	86163
estimates certified by the development services agency for	86164
calendar year 2006.	86165

(ii) It is located in the municipal corporation that has the	86166
largest population in a county when the county has a population	86167
between two hundred fifteen thousand and two hundred twenty-five	86168
thousand according to the population estimates certified by the	86169
development services agency for calendar year 2006. Division	86170
(L)(2)(d)(ii) of this section applies only to a municipal	86171
corporation that is wholly located in a county.	86172

(iii) It is located in the municipal corporation that has the	86173
largest population in a county when the county has a population	86174
between one hundred forty thousand and one hundred forty-one	86175
thousand according to the population estimates certified by the	86176
development services agency for calendar year 2006. Division	86177
(L)(2)(d)(iii) of this section applies only to a municipal	86178
corporation that is wholly located in a county.	86179

(3) The location of a D-5l permit may be transferred only	86180
within the geographic boundaries of the revitalization district in	86181
which it was issued and shall not be transferred outside the	86182
geographic boundaries of that district.	86183

(4) Not more than one D-5l permit shall be issued within each	86184
revitalization district for each five acres of land located within	86185
the district. Not more than fifteen D-5l permits may be issued	86186
within a single revitalization district. Except as otherwise	86187
provided in division (L)(4) of this section, no quota restrictions	86188
shall be placed upon the number of D-5l permits that may be	86189
issued.	86190

(5) No D-5l permit shall be issued to an adult entertainment	86191
establishment as defined in section 2907.39 of the Revised Code.	86192

(6) The fee for a D-5l permit is two thousand three hundred	86193
forty-four dollars.	86194

(M) Permit D-5m may be issued to either the owner or the	86195
operator of a retail food establishment or food service operation	86196
licensed under Chapter 3717. of the Revised Code that operates as	86197
a restaurant for purposes of this chapter and that is located in,	86198
or affiliated with, a center for the preservation of wild animals	86199
as defined in section 4301.404 of the Revised Code, to sell beer	86200
and any intoxicating liquor at retail, only by the glass and from	86201
the container, for consumption on the premises where sold, and to	86202
sell the same products in the same manner and amounts not for	86203
consumption on the premises as may be sold by the holders of D-1	86204
and D-2 permits. In addition to the privileges authorized by this	86205
division, the holder of a D-5m permit may exercise the same	86206
privileges as the holder of a D-5 permit.	86207

A D-5m permit shall not be transferred to another location.	86208
No quota restrictions shall be placed on the number of D-5m	86209
permits that may be issued. The fee for a permit D-5m is two	86210
thousand three hundred forty-four dollars.	86211

(N) Permit D-5n shall be issued to either a casino operator	86212
or a casino management company licensed under Chapter 3772. of the	86213
Revised Code that operates a casino facility under that chapter,	86214
to sell beer and any intoxicating liquor at retail, only by the	86215
individual drink in glass and from the container, for consumption	86216
on the premises where sold, and to sell the same products in the	86217
same manner and amounts not for consumption on the premises as may	86218
be sold by the holders of D-1 and D-2 permits. In addition to the	86219
privileges authorized by this division, the holder of a D-5n	86220
permit may exercise the same privileges as the holder of a D-5	86221
permit. A D-5n permit shall not be transferred to another	86222
location. Only one D-5n permit may be issued per casino facility	86223
and not more than four D-5n permits shall be issued in this state.	86224
The fee for a permit D-5n shall be twenty thousand dollars. The	86225
holder of a D-5n permit may conduct casino gaming on the permit	86226
premises notwithstanding any provision of the Revised Code or	86227
Administrative Code.	86228

(O) Permit D-5o may be issued to the owner or operator of a	86229
retail food establishment or a food service operation licensed	86230
under Chapter 3717. of the Revised Code that operates as a	86231
restaurant for purposes of this chapter and that is located within	86232
a casino facility for which a D-5n permit has been issued. The	86233
holder of a D-5o permit may sell beer and any intoxicating liquor	86234
at retail, only by the individual drink in glass and from the	86235
container, for consumption on the premises where sold, and may	86236
sell the same products in the same manner and amounts not for	86237
consumption on the premises where sold as may be sold by the	86238
holders of D-1 and D-2 permits. In addition to the privileges	86239
authorized by this division, the holder of a D-5o permit may	86240
exercise the same privileges as the holder of a D-5 permit. A D-5o	86241
permit shall not be transferred to another location. No quota	86242
restrictions shall be placed on the number of such permits that	86243
may be issued. The fee for this permit is two thousand three	86244
hundred forty-four dollars.	86245

Sec. 4303.29. (A) No permit, other than an H permit, shall	86246
be issued to a firm or partnership unless all the members of the	86247
firm or partnership are citizens of the United States. No permit,	86248
other than an H permit, shall be issued to an individual who is	86249
not a citizen of the United States. No permit, other than an E or	86250
H permit, shall be issued to any corporation organized under the	86251
laws of any country, territory, or state other than this state	86252
until it has furnished the division of liquor control with	86253
evidence that it has complied with the laws of this state relating	86254
to the transaction of business in this state.	86255

The division may refuse to issue any permit to or refuse to	86256
renew any permit of any person convicted of any felony that is	86257
reasonably related to the person's fitness to operate a liquor	86258
permit business in this state. No holder of a permit shall sell,	86259
assign, transfer, or pledge the permit without the written consent	86260
of the division.	86261

(B)(1) No D-3 permit shall be issued to any club unless the	86262
club has been continuously engaged in the activity specified in	86263
section 4303.15 of the Revised Code, as a qualification for that	86264
class of permit, for two years at the time the permit is issued.	86265

(2)(a) Subject to division (B)(2)(b) of this section, upon	86266
application by properly qualified persons, one C-1 and C-2 permit	86267
shall be issued for each one thousand population or part of that	86268
population, and one D-1 and D-2 permit shall be issued for each	86269
two thousand population or part of that population, in each	86270
municipal corporation and in the unincorporated area of each	86271
township.	86272

Subject to division (B)(2)(b) of this section, not more than	86273
one D-3, D-4, or D-5 permit shall be issued for each two thousand	86274
population or part of that population in any municipal corporation	86275
and in the unincorporated area of any township, except that, in	86276
any city of a population of fifty-five thousand or more, one D-3	86277
permit may be issued for each fifteen hundred population or part	86278
of that population.	86279

(b)(i) Division (B)(2)(a) of this section does not prohibit	86280
the transfer of location or the transfer of ownership and location	86281
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal	86282
corporation or the unincorporated area of a township to an	86283
economic development project located in another municipal	86284
corporation or the unincorporated area of another township in	86285
which no additional permits of that class may be issued to the	86286
applicant under division (B)(2)(a) of this section. However, the	86287
transfer may occur only if the applicant notifies the municipal	86288
corporation or township to which the location of the permit will	86289
be transferred regarding the transfer and the municipal	86290
corporation or township acknowledges in writing to the division of	86291
liquor control that the transfer will be to an economic	86292
development project. The municipal corporation or township shall	86293
submit the acknowledgment at the time the application for the	86294
transfer is filed with the division.	86295

The acknowledgment by the municipal corporation or township	86296
does not prohibit it from requesting a hearing under section	86297
4303.26 of the Revised Code. The applicant is eligible to apply	86298
for and receive the transfer of location of the permit under	86299
division (B)(2)(b) of this section if permits of that class that	86300
may be issued under division (B)(2)(a) of this section in the	86301
applicable municipal corporation or unincorporated area of the	86302
township have already been issued or if the number of applications	86303
filed for permits of that class in that municipal corporation or	86304
the unincorporated area of that township exceed the number of	86305
permits of that class that may be issued there under division	86306
(B)(2)(a) of this section.	86307

A permit transferred under division (B)(2)(b) of this section	86308
may be subsequently transferred to a different owner at the same	86309
location, or to the same owner or a different owner at a different	86310
location in the same municipal corporation or in the	86311
unincorporated area of the same township.	86312

(ii) Factors that may be used to determine the designation of	86313
an economic development project include, but are not limited to,	86314
architectural certification of the plans and the cost of the	86315
project, the number of jobs that will be created by the project,	86316
projected earnings of the project, projected tax revenues for the	86317
political subdivisions in which the project will be located, and	86318
the amount of financial investment in the project. The	86319
superintendent of liquor control shall determine whether the	86320
existing or proposed business that is seeking a permit described	86321
in division (B)(2)(b) of this section qualifies as an economic	86322
development project and, if the superintendent determines that it	86323
so qualifies, shall designate the business as an economic	86324
development project.	86325

(3) Nothing in this section shall be construed to restrict	86326
the issuance of a permit to a municipal corporation for use at a	86327
municipally owned airport at which commercial airline companies	86328
operate regularly scheduled flights on which space is available to	86329
the public. A municipal corporation applying for a permit for such	86330
a municipally owned airport is exempt, in regard to that	86331
application, from all of the following:	86332

(a) The population quota restrictions contained in this	86333
section;	86334

(b) The population quota restrictions contained in any rule	86335
of the liquor control commission;	86336

86337

(4) Nothing in this section shall be construed to prohibit	86338
the issuance of a D permit to the board of trustees of a soldiers'	86339
memorial for a premises located at a soldiers' memorial	86340
established pursuant to Chapter 345. of the Revised Code. An	86341
application for a D permit by the board for those premises is	86342
exempt from the population restrictions contained in this section	86343
and from the population quota restrictions contained in any rule	86344
of the liquor control commission. The location of a D permit	86345
issued to the board for those premises shall not be transferred. A	86346
board of trustees of a soldiers' memorial applying for a D-1, D-2,	86347
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to	86348
section 4303.31 of the Revised Code.	86349

(5) Nothing in this section shall be construed to restrict	86350
the issuance of a permit for a premises located at a golf course	86351
owned by a municipal corporation, township, or county, owned by a	86352
park district created under Chapter 1545. of the Revised Code, or	86353
owned by the state. The location of such a permit issued on or	86354
after September 26, 1984, for a premises located at such a golf	86355
course shall not be transferred. Any application for such a permit	86356
is exempt from all of the following:	86357

(a) The population quota restrictions contained in this	86358
section;	86359

(b) The population quota restrictions contained in any rule	86360
of the liquor control commission;	86361

86362

(6) As used in division (B)(6) of this section, "fair" has	86363
the same meaning as in section 991.01 of the Revised Code; "state	86364
fairgrounds" means the property that is held by the state for the	86365
purpose of conducting fairs, expositions, and exhibits and that is	86366
maintained and managed by the Ohio expositions commission under	86367
section 991.03 of the Revised Code; "capitol square" has the same	86368
meaning as in section 105.41 of the Revised Code; and "Ohio	86369
judicial center" means the site of the Ohio supreme court and its	86370
grounds.	86371

Nothing in this section shall be construed to restrict the	86372
issuance of one or more D permits to one or more applicants for	86373
all or a part of the state fairgrounds, capitol square, or the	86374
Ohio judicial center. An application for a D permit for the state	86375
fairgrounds, capitol square, or the Ohio judicial center is exempt	86376
from the population quota restrictions contained in this section	86377
and from the population quota restrictions contained in any rule	86378
of the liquor control commission. The location of a D permit	86379
issued for the state fairgrounds, capitol square, or the Ohio	86380
judicial center shall not be transferred. An applicant for a D-1,	86381
D-2, D-3, or D-5 permit for the state fairgrounds is not subject	86382
to section 4303.31 of the Revised Code.	86383

Pursuant to section 1711.09 of the Revised Code, the holder	86384
of a D permit issued for the state fairgrounds shall not deal in	86385
spirituous liquor at the state fairgrounds during, or for one week	86386
before or for three days after, any fair held at the state	86387
fairgrounds.	86388

(7) Nothing in this section shall be construed to prohibit	86389
the issuance of a D permit for a premises located at a zoological	86390
park at which sales have been approved in an election held under	86391
former section 4301.356 of the Revised Code. An application for a	86392
D permit for such a premises is exempt from the population	86393
restrictions contained in this section, from the population quota	86394
restrictions contained in any rule of the liquor control	86395
commission, and from section 4303.31 of the Revised Code. The	86396
location of a D permit issued for a premises at such a zoological	86397
park shall not be transferred, and no quota or other restrictions	86398
shall be placed on the number of D permits that may be issued for	86399
a premises at such a zoological park.	86400

(8) As used in division (B)(8) of this section, "park	86401
district" means a park district that is created under Chapter	86402
1545. of the Revised Code consisting of not less than twenty-two	86403
thousand acres of land, a portion of which is adjacent to Lake	86404
Erie.	86405

Nothing in this section shall be construed to restrict the	86406
issuance of a D permit for a premises located in a park district.	86407
An application for a D permit for such a premises is exempt from	86408
the population quota restrictions contained in this section and in	86409
any rule of the liquor control commission. The location of a D	86410
permit issued for a premises in a park district shall not be	86411
transferred. An applicant for a D-1, D-2, D-3, or D-5 permit for a	86412
premises located in a park district is not subject to section	86413
4303.31 of the Revised Code.	86414

(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in	86415
any election precinct in any municipal corporation or in any	86416
election precinct in the unincorporated area of any township, in	86417
which at the November, 1933, election a majority of the electors	86418
voting thereon in the municipal corporation or in the	86419
unincorporated area of the township voted against the repeal of	86420
Section 9 of Article XV, Ohio Constitution, unless the sale of	86421
spirituous liquor by the glass is authorized by a majority vote of	86422
the electors voting on the question in the precinct at an election	86423
held pursuant to this section or by a majority vote of the	86424
electors of the precinct voting on question (C) at a special local	86425
option election held in the precinct pursuant to section 4301.35	86426
of the Revised Code. Upon the request of an elector, the board of	86427
elections of the county that encompasses the precinct shall	86428
furnish the elector with a copy of the instructions prepared by	86429
the secretary of state under division (P) of section 3501.05 of	86430
the Revised Code and, within fifteen days after the request, a	86431
certificate of the number of signatures required for a valid	86432
petition under this section.	86433

Upon the petition of thirty-five per cent of the total number	86434
of voters voting in any such precinct for the office of governor	86435
at the preceding general election, filed with the board of	86436
elections of the county in which such precinct is located not	86437
later than ninety days before a general election, the board shall	86438
prepare ballots and hold an election at such general election upon	86439
the question of allowing spirituous liquor to be sold by the glass	86440
in such precinct. The ballots shall be approved in form by the	86441
secretary of state. The results of the election shall be certified	86442
by the board to the secretary of state, who shall certify the	86443
results to the division.	86444

(2) No holder of a class D-3 permit issued for a boat or	86445
vessel shall sell spirituous liquor in any precinct, in which the	86446
election provided for in this section may be held, unless the sale	86447
of spirituous liquor by the drink has been authorized by vote of	86448
the electors as provided in this section or in section 4301.35 of	86449
the Revised Code.	86450

(D) Any holder of a C or D permit whose permit premises were	86451
purchased in 1986 or 1987 by the state or any state agency for	86452
highway purposes shall be issued the same permit at another	86453
location notwithstanding any quota restrictions contained in this	86454
chapter or in any rule of the liquor control commission.	86455

Sec. 4305.131. (A) If any permit holder fails to pay the	86456
taxes levied by section 4301.42, 4301.43, 4301.432, or 4305.01 of	86457
the Revised Code in the manner prescribed by section 4303.33 of	86458
the Revised Code, or by section 4301.421 or 4301.424 of the	86459
Revised Code in the manner prescribed in section 4301.422 of the	86460
Revised Code, and by the rules of the tax commissioner, the	86461
commissioner may make an assessment against the permit holder	86462
based upon any information in the commissioner's possession.	86463

No assessment shall be made against any permit holder for any	86464
taxes imposed by section 4301.42, 4301.421, 4301.424, 4301.43,	86465
4301.432, or 4305.01 of the Revised Code more than three years	86466
after the last day of the calendar month in which the sale was	86467
made or more than three years after the return for that period is	86468
filed, whichever is later. This section does not bar an assessment	86469
against any permit holder or registrant as provided in section	86470
4303.331 of the Revised Code who fails to file a return as	86471
required by section 4301.422 or 4303.33 of the Revised Code, or	86472
who files a fraudulent return.	86473

A penalty of up to thirty per cent may be added to the amount	86474
of every assessment made under this section. The commissioner may	86475
adopt rules providing for the imposition and remission of	86476
penalties added to assessments made under this section.	86477

The commissioner shall give the party assessed written notice	86478
of the assessment in the manner provided in section 5703.37 of the	86479
Revised Code. With the notice, the commissioner shall provide	86480
instructions on how to petition for reassessment and request a	86481
hearing on the petition.	86482

(B) Unless the party assessed files with the tax commissioner	86483
within sixty days after service of the notice of assessment,	86484
either personally or by certified mail, a written petition for	86485
reassessment, signed by the party assessed or that party's	86486
authorized agent having knowledge of the facts, the assessment	86487
becomes final and the amount of the assessment is due and payable	86488
from the party assessed to the treasurer of state. The petition	86489
shall indicate the objections of the party assessed, but	86490
additional objections may be raised in writing if received by the	86491
commissioner prior to the date shown on the final determination.	86492
If the petition has been properly filed, the commissioner shall	86493
proceed under section 5703.60 of the Revised Code.	86494

(C) After an assessment becomes final, if any portion of the	86495
assessment remains unpaid, including accrued interest, a certified	86496
copy of the tax commissioner's entry making the assessment final	86497
may be filed in the office of the clerk of the court of common	86498
pleas in the county in which the permit holder's place of business	86499
is located or the county in which the party assessed resides. If	86500
the party assessed maintains no place of business in this state	86501
and is not a resident of this state, the certified copy of the	86502
entry may be filed in the office of the clerk of the court of	86503
common pleas of Franklin county.	86504

Immediately upon the filing of the entry, the clerk shall	86505
enter a judgment for the state against the party assessed in the	86506
amount shown on the entry. The judgment may be filed by the clerk	86507
in a loose-leaf book entitled "special judgments for state beer	86508
and liquor sales taxes," and shall have the same effect as other	86509
judgments. Execution shall issue upon the judgment upon the	86510
request of the commissioner, and all laws applicable to sales on	86511
execution shall apply to sales made under the judgment, except as	86512
otherwise provided in this chapter and Chapters 4301. and 4307. of	86513
the Revised Code.	86514

~~The portion of~~If the assessment is not paid in its entirety	86515
within sixty days after the day the assessment was issued, the	86516
portion of the assessment consisting of tax due shall bear	86517
interest at the rate per annum prescribed by section 5703.47 of	86518
the Revised Code from the day the commissioner issues the	86519
assessment until it is paid or until it is certified to the	86520
attorney general for collection under section 131.02 of the	86521
Revised Code, whichever comes first. If the unpaid portion of the	86522
assessment is certified to the attorney general for collection,	86523
the entire unpaid portion of the assessment shall bear interest at	86524
the rate per annum prescribed by section 5703.47 of the Revised	86525
Code from the date of certification until the date it is paid in	86526
its entirety. Interest shall be paid in the same manner as the tax	86527
and may be collected by the issuance of an assessment under this	86528
section.	86529

(D) All money collected under this section shall be	86530
considered as revenue arising from the taxes imposed by sections	86531
4301.42, 4301.421, 4301.424, 4301.43, 4301.432, and 4305.01 of the	86532
Revised Code.	86533

Sec. 4501.01. As used in this chapter and Chapters 4503.,	86534
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	86535
Revised Code, and in the penal laws, except as otherwise provided:	86536

(A) "Vehicles" means everything on wheels or runners,	86537
including motorized bicycles, but does not mean electric personal	86538
assistive mobility devices, vehicles that are operated exclusively	86539
on rails or tracks or from overhead electric trolley wires, and	86540
vehicles that belong to any police department, municipal fire	86541
department, or volunteer fire department, or that are used by such	86542
a department in the discharge of its functions.	86543

(B) "Motor vehicle" means any vehicle, including mobile homes	86544
and recreational vehicles, that is propelled or drawn by power	86545
other than muscular power or power collected from overhead	86546
electric trolley wires. "Motor vehicle" does not include utility	86547
vehicles as defined in division (VV) of this section, motorized	86548
bicycles, road rollers, traction engines, power shovels, power	86549
cranes, and other equipment used in construction work and not	86550
designed for or employed in general highway transportation,	86551
well-drilling machinery, ditch-digging machinery, farm machinery,	86552
and trailers that are designed and used exclusively to transport a	86553
boat between a place of storage and a marina, or in and around a	86554
marina, when drawn or towed on a public road or highway for a	86555
distance of no more than ten miles and at a speed of twenty-five	86556
miles per hour or less.	86557

(C) "Agricultural tractor" and "traction engine" mean any	86558
self-propelling vehicle that is designed or used for drawing other	86559
vehicles or wheeled machinery, but has no provisions for carrying	86560
loads independently of such other vehicles, and that is used	86561
principally for agricultural purposes.	86562

(D) "Commercial tractor," except as defined in division (C)	86563
of this section, means any motor vehicle that has motive power and	86564
either is designed or used for drawing other motor vehicles, or is	86565
designed or used for drawing another motor vehicle while carrying	86566
a portion of the other motor vehicle or its load, or both.	86567

(E) "Passenger car" means any motor vehicle that is designed	86568
and used for carrying not more than nine persons and includes any	86569
motor vehicle that is designed and used for carrying not more than	86570
fifteen persons in a ridesharing arrangement.	86571

(F) "Collector's vehicle" means any motor vehicle or	86572
agricultural tractor or traction engine that is of special	86573
interest, that has a fair market value of one hundred dollars or	86574
more, whether operable or not, and that is owned, operated,	86575
collected, preserved, restored, maintained, or used essentially as	86576
a collector's item, leisure pursuit, or investment, but not as the	86577
owner's principal means of transportation. "Licensed collector's	86578
vehicle" means a collector's vehicle, other than an agricultural	86579
tractor or traction engine, that displays current, valid license	86580
tags issued under section 4503.45 of the Revised Code, or a	86581
similar type of motor vehicle that displays current, valid license	86582
tags issued under substantially equivalent provisions in the laws	86583
of other states.	86584

(G) "Historical motor vehicle" means any motor vehicle that	86585
is over twenty-five years old and is owned solely as a collector's	86586
item and for participation in club activities, exhibitions, tours,	86587
parades, and similar uses, but that in no event is used for	86588
general transportation.	86589

(H) "Noncommercial motor vehicle" means any motor vehicle,	86590
including a farm truck as defined in section 4503.04 of the	86591
Revised Code, that is designed by the manufacturer to carry a load	86592
of no more than one ton and is used exclusively for purposes other	86593
than engaging in business for profit.	86594

(I) "Bus" means any motor vehicle that has motor power and is	86595
designed and used for carrying more than nine passengers, except	86596
any motor vehicle that is designed and used for carrying not more	86597
than fifteen passengers in a ridesharing arrangement.	86598

(J) "Commercial car" or "truck" means any motor vehicle that	86599
has motor power and is designed and used for carrying merchandise	86600
or freight, or that is used as a commercial tractor.	86601

(K) "Bicycle" means every device, other than a device that is	86602
designed solely for use as a play vehicle by a child, that is	86603
propelled solely by human power upon which a person may ride, and	86604
that has two or more wheels, any of which is more than fourteen	86605
inches in diameter.	86606

(L) "Motorized bicycle" means any vehicle that either has two	86607
tandem wheels or one wheel in the front and two wheels in the	86608
rear, that is capable of being pedaled, and that is equipped with	86609
a helper motor of not more than fifty cubic centimeters piston	86610
displacement that produces no more than one brake horsepower and	86611
is capable of propelling the vehicle at a speed of no greater than	86612
twenty miles per hour on a level surface.	86613

(M) "Trailer" means any vehicle without motive power that is	86614
designed or used for carrying property or persons wholly on its	86615
own structure and for being drawn by a motor vehicle, and includes	86616
any such vehicle that is formed by or operated as a combination of	86617
a semitrailer and a vehicle of the dolly type such as that	86618
commonly known as a trailer dolly, a vehicle used to transport	86619
agricultural produce or agricultural production materials between	86620
a local place of storage or supply and the farm when drawn or	86621
towed on a public road or highway at a speed greater than	86622
twenty-five miles per hour, and a vehicle that is designed and	86623
used exclusively to transport a boat between a place of storage	86624
and a marina, or in and around a marina, when drawn or towed on a	86625
public road or highway for a distance of more than ten miles or at	86626
a speed of more than twenty-five miles per hour. "Trailer" does	86627
not include a manufactured home or travel trailer.	86628

(N) "Noncommercial trailer" means any trailer, except a	86629
travel trailer or trailer that is used to transport a boat as	86630
described in division (B) of this section, but, where applicable,	86631
includes a vehicle that is used to transport a boat as described	86632
in division (M) of this section, that has a gross weight of no	86633
more than ten thousand pounds, and that is used exclusively for	86634
purposes other than engaging in business for a profit, such as the	86635
transportation of personal items for personal or recreational	86636
purposes.	86637

(O) "Mobile home" means a building unit or assembly of closed	86638
construction that is fabricated in an off-site facility, is more	86639
than thirty-five body feet in length or, when erected on site, is	86640
three hundred twenty or more square feet, is built on a permanent	86641
chassis, is transportable in one or more sections, and does not	86642
qualify as a manufactured home as defined in division (C)(4) of	86643
section 3781.06 of the Revised Code or as an industrialized unit	86644
as defined in division (C)(3) of section 3781.06 of the Revised	86645
Code.	86646

(P) "Semitrailer" means any vehicle of the trailer type that	86647
does not have motive power and is so designed or used with another	86648
and separate motor vehicle that in operation a part of its own	86649
weight or that of its load, or both, rests upon and is carried by	86650
the other vehicle furnishing the motive power for propelling	86651
itself and the vehicle referred to in this division, and includes,	86652
for the purpose only of registration and taxation under those	86653
chapters, any vehicle of the dolly type, such as a trailer dolly,	86654
that is designed or used for the conversion of a semitrailer into	86655
a trailer.	86656

(Q) "Recreational vehicle" means a vehicular portable	86657
structure that meets all of the following conditions:	86658

(1) It is designed for the sole purpose of recreational	86659
travel.	86660

(2) It is not used for the purpose of engaging in business	86661
for profit.	86662

(3) It is not used for the purpose of engaging in intrastate	86663
commerce.	86664

(4) It is not used for the purpose of commerce as defined in	86665
49 C.F.R. 383.5, as amended.	86666

(5) It is not regulated by the public utilities commission	86667
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	86668

(6) It is classed as one of the following:

86669

(a) "Travel trailer" means a nonself-propelled recreational	86670
vehicle that does not exceed an overall length of thirty-five	86671
feet, exclusive of bumper and tongue or coupling, and contains	86672
less than three hundred twenty square feet of space when erected	86673
on site. "Travel trailer" includes a tent-type fold-out camping	86674
trailer as defined in section 4517.01 of the Revised Code.	86675

(b) "Motor home" means a self-propelled recreational vehicle	86676
that has no fifth wheel and is constructed with permanently	86677
installed facilities for cold storage, cooking and consuming of	86678
food, and for sleeping.	86679

(c) "Truck camper" means a nonself-propelled recreational	86680
vehicle that does not have wheels for road use and is designed to	86681
be placed upon and attached to a motor vehicle. "Truck camper"	86682
does not include truck covers that consist of walls and a roof,	86683
but do not have floors and facilities enabling them to be used as	86684
a dwelling.	86685

(d) "Fifth wheel trailer" means a vehicle that is of such	86686
size and weight as to be movable without a special highway permit,	86687
that has a gross trailer area of four hundred square feet or less,	86688
that is constructed with a raised forward section that allows a	86689
bi-level floor plan, and that is designed to be towed by a vehicle	86690
equipped with a fifth-wheel hitch ordinarily installed in the bed	86691
of a truck.	86692

(e) "Park trailer" means a vehicle that is commonly known as	86693
a park model recreational vehicle, meets the American national	86694
standard institute standard A119.5 (1988) for park trailers, is	86695
built on a single chassis, has a gross trailer area of four	86696
hundred square feet or less when set up, is designed for seasonal	86697
or temporary living quarters, and may be connected to utilities	86698
necessary for the operation of installed features and appliances.	86699

(R) "Pneumatic tires" means tires of rubber and fabric or	86700
tires of similar material, that are inflated with air.	86701

(S) "Solid tires" means tires of rubber or similar elastic	86702
material that are not dependent upon confined air for support of	86703
the load.	86704

(T) "Solid tire vehicle" means any vehicle that is equipped	86705
with two or more solid tires.	86706

(U) "Farm machinery" means all machines and tools that are	86707
used in the production, harvesting, and care of farm products, and	86708
includes trailers that are used to transport agricultural produce	86709
or agricultural production materials between a local place of	86710
storage or supply and the farm, agricultural tractors, threshing	86711
machinery, hay-baling machinery, corn shellers, hammermills, and	86712
machinery used in the production of horticultural, agricultural,	86713
and vegetable products.	86714

(V) "Owner" includes any person or firm, other than a	86715
manufacturer or dealer, that has title to a motor vehicle, except	86716
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	86717
includes in addition manufacturers and dealers.	86718

(W) "Manufacturer" and "dealer" include all persons and firms	86719
that are regularly engaged in the business of manufacturing,	86720
selling, displaying, offering for sale, or dealing in motor	86721
vehicles, at an established place of business that is used	86722
exclusively for the purpose of manufacturing, selling, displaying,	86723
offering for sale, or dealing in motor vehicles. A place of	86724
business that is used for manufacturing, selling, displaying,	86725
offering for sale, or dealing in motor vehicles shall be deemed to	86726
be used exclusively for those purposes even though snowmobiles or	86727
all-purpose vehicles are sold or displayed for sale thereat, even	86728
though farm machinery is sold or displayed for sale thereat, or	86729
even though repair, accessory, gasoline and oil, storage, parts,	86730
service, or paint departments are maintained thereat, or, in any	86731
county having a population of less than seventy-five thousand at	86732
the last federal census, even though a department in a place of	86733
business is used to dismantle, salvage, or rebuild motor vehicles	86734
by means of used parts, if such departments are operated for the	86735
purpose of furthering and assisting in the business of	86736
manufacturing, selling, displaying, offering for sale, or dealing	86737
in motor vehicles. Places of business or departments in a place of	86738
business used to dismantle, salvage, or rebuild motor vehicles by	86739
means of using used parts are not considered as being maintained	86740
for the purpose of assisting or furthering the manufacturing,	86741
selling, displaying, and offering for sale or dealing in motor	86742
vehicles.	86743

(X) "Operator" includes any person who drives or operates a	86744
motor vehicle upon the public highways.	86745

(Y) "Chauffeur" means any operator who operates a motor	86746
vehicle, other than a taxicab, as an employee for hire; or any	86747
operator whether or not the owner of a motor vehicle, other than a	86748
taxicab, who operates such vehicle for transporting, for gain,	86749
compensation, or profit, either persons or property owned by	86750
another. Any operator of a motor vehicle who is voluntarily	86751
involved in a ridesharing arrangement is not considered an	86752
employee for hire or operating such vehicle for gain,	86753
compensation, or profit.	86754

(Z) "State" includes the territories and federal districts of	86755
the United States, and the provinces of Canada.	86756

(AA) "Public roads and highways" for vehicles includes all	86757
public thoroughfares, bridges, and culverts.	86758

(BB) "Manufacturer's number" means the manufacturer's	86759
original serial number that is affixed to or imprinted upon the	86760
chassis or other part of the motor vehicle.	86761

(CC) "Motor number" means the manufacturer's original number	86762
that is affixed to or imprinted upon the engine or motor of the	86763
vehicle.	86764

(DD) "Distributor" means any person who is authorized by a	86765
motor vehicle manufacturer to distribute new motor vehicles to	86766
licensed motor vehicle dealers at an established place of business	86767
that is used exclusively for the purpose of distributing new motor	86768
vehicles to licensed motor vehicle dealers, except when the	86769
distributor also is a new motor vehicle dealer, in which case the	86770
distributor may distribute at the location of the distributor's	86771
licensed dealership.	86772

(EE) "Ridesharing arrangement" means the transportation of	86773
persons in a motor vehicle where the transportation is incidental	86774
to another purpose of a volunteer driver and includes ridesharing	86775
arrangements known as carpools, vanpools, and buspools.	86776

(FF) "Apportionable vehicle" means any vehicle that is used	86777
or intended for use in two or more international registration plan	86778
member jurisdictions that allocate or proportionally register	86779
vehicles, that is used for the transportation of persons for hire	86780
or designed, used, or maintained primarily for the transportation	86781
of property, and that meets any of the following qualifications:	86782

(1) Is a power unit having a gross vehicle weight in excess	86783
of twenty-six thousand pounds;	86784

(2) Is a power unit having three or more axles, regardless of	86785
the gross vehicle weight;	86786

(3) Is a combination vehicle with a gross vehicle weight in	86787
excess of twenty-six thousand pounds.	86788

"Apportionable vehicle" does not include recreational	86789
vehicles, vehicles displaying restricted plates, city pick-up and	86790
delivery vehicles, buses used for the transportation of chartered	86791
parties, or vehicles owned and operated by the United States, this	86792
state, or any political subdivisions thereof.	86793

(GG) "Chartered party" means a group of persons who contract	86794
as a group to acquire the exclusive use of a passenger-carrying	86795
motor vehicle at a fixed charge for the vehicle in accordance with	86796
the carrier's tariff, lawfully on file with the United States	86797
department of transportation, for the purpose of group travel to a	86798
specified destination or for a particular itinerary, either agreed	86799
upon in advance or modified by the chartered group after having	86800
left the place of origin.	86801

(HH) "International registration plan" means a reciprocal	86802
agreement of member jurisdictions that is endorsed by the American	86803
association of motor vehicle administrators, and that promotes and	86804
encourages the fullest possible use of the highway system by	86805
authorizing apportioned registration of fleets of vehicles and	86806
recognizing registration of vehicles apportioned in member	86807
jurisdictions.	86808

(II) "Restricted plate" means a license plate that has a	86809
restriction of time, geographic area, mileage, or commodity, and	86810
includes license plates issued to farm trucks under division (J)	86811
of section 4503.04 of the Revised Code.	86812

(JJ) "Gross vehicle weight," with regard to any commercial	86813
car, trailer, semitrailer, or bus that is taxed at the rates	86814
established under section 4503.042 or 4503.65 of the Revised Code,	86815
means the unladen weight of the vehicle fully equipped plus the	86816
maximum weight of the load to be carried on the vehicle.	86817

(KK) "Combined gross vehicle weight" with regard to any	86818
combination of a commercial car, trailer, and semitrailer, that is	86819
taxed at the rates established under section 4503.042 or 4503.65	86820
of the Revised Code, means the total unladen weight of the	86821
combination of vehicles fully equipped plus the maximum weight of	86822
the load to be carried on that combination of vehicles.	86823

(LL) "Chauffeured limousine" means a motor vehicle that is	86824
designed to carry nine or fewer passengers and is operated for	86825
hire ~~on an hourly basis~~ pursuant to a prearranged contract for the	86826
transportation of passengers on public roads and highways along a	86827
route under the control of the person hiring the vehicle and not	86828
over a defined and regular route. "Prearranged contract" means an	86829
agreement, made in advance of boarding, to provide transportation	86830
from a specific location in a chauffeured limousine ~~at a fixed~~	86831
~~rate per hour or trip~~. "Chauffeured limousine" does not include	86832
any vehicle that is used exclusively in the business of funeral	86833
directing.	86834

(MM) "Manufactured home" has the same meaning as in division	86835
(C)(4) of section 3781.06 of the Revised Code.	86836

(NN) "Acquired situs," with respect to a manufactured home or	86837
a mobile home, means to become located in this state by the	86838
placement of the home on real property, but does not include the	86839
placement of a manufactured home or a mobile home in the inventory	86840
of a new motor vehicle dealer or the inventory of a manufacturer,	86841
remanufacturer, or distributor of manufactured or mobile homes.	86842

(OO) "Electronic" includes electrical, digital, magnetic,	86843
optical, electromagnetic, or any other form of technology that	86844
entails capabilities similar to these technologies.	86845

(PP) "Electronic record" means a record generated,	86846
communicated, received, or stored by electronic means for use in	86847
an information system or for transmission from one information	86848
system to another.	86849

(QQ) "Electronic signature" means a signature in electronic	86850
form attached to or logically associated with an electronic	86851
record.	86852

(RR) "Financial transaction device" has the same meaning as	86853
in division (A) of section 113.40 of the Revised Code.	86854

(SS) "Electronic motor vehicle dealer" means a motor vehicle	86855
dealer licensed under Chapter 4517. of the Revised Code whom the	86856
registrar of motor vehicles determines meets the criteria	86857
designated in section 4503.035 of the Revised Code for electronic	86858
motor vehicle dealers and designates as an electronic motor	86859
vehicle dealer under that section.	86860

(TT) "Electric personal assistive mobility device" means a	86861
self-balancing two non-tandem wheeled device that is designed to	86862
transport only one person, has an electric propulsion system of an	86863
average of seven hundred fifty watts, and when ridden on a paved	86864
level surface by an operator who weighs one hundred seventy pounds	86865
has a maximum speed of less than twenty miles per hour.	86866

(UU) "Limited driving privileges" means the privilege to	86867
operate a motor vehicle that a court grants under section 4510.021	86868
of the Revised Code to a person whose driver's or commercial	86869
driver's license or permit or nonresident operating privilege has	86870
been suspended.	86871

(VV) "Utility vehicle" means a self-propelled vehicle	86872
designed with a bed, principally for the purpose of transporting	86873
material or cargo in connection with construction, agricultural,	86874
forestry, grounds maintenance, lawn and garden, materials	86875
handling, or similar activities. "Utility vehicle" includes a	86876
vehicle with a maximum attainable speed of twenty miles per hour	86877
or less that is used exclusively within the boundaries of state	86878
parks by state park employees or volunteers for the operation or	86879
maintenance of state park facilities.	86880

Sec. 4501.21. (A) There is hereby created in the state	86881
treasury the license plate contribution fund. The fund shall	86882
consist of all contributions paid by motor vehicle registrants and	86883
collected by the registrar of motor vehicles pursuant to sections	86884
4503.491, 4503.493, 4503.494, 4503.496, 4503.498, 4503.499,	86885
4503.50, 4503.501, 4503.502, 4503.505, 4503.51, 4503.522,	86886
4503.523, 4503.524, 4503.526, 4503.531, 4503.545, 4503.55,	86887
4503.551, 4503.552, 4503.553, 4503.561, 4503.562, 4503.564,	86888
4503.591, 4503.67, 4503.68, 4503.69, 4503.701, 4503.71, 4503.711,	86889
4503.712, 4503.713, 4503.72, 4503.73, 4503.732, 4503.74, 4503.75,	86890
4503.751, 4503.85, 4503.89, 4503.92, and 4503.94 of the Revised	86891
Code.	86892

(B) The registrar shall pay the contributions the registrar	86893
collects in the fund as follows:	86894

The registrar shall pay the contributions received pursuant	86895
to section 4503.491 of the Revised Code to the breast cancer fund	86896
of Ohio, which shall use that money only to pay for programs that	86897
provide assistance and education to Ohio breast cancer patients	86898
and that improve access for such patients to quality health care	86899
and clinical trials and shall not use any of the money for	86900
abortion information, counseling, services, or other	86901
abortion-related activities.	86902

The registrar shall pay the contributions received pursuant	86903
to section 4503.493 of the Revised Code to the autism society of	86904
Ohio, which shall use the contributions for programs and autism	86905
awareness efforts throughout the state.	86906

The registrar shall pay the contributions the registrar	86907
receives pursuant to section 4503.494 of the Revised Code to the	86908
national multiple sclerosis society for distribution in equal	86909
amounts to the northwestern Ohio, Ohio buckeye, and Ohio valley	86910
chapters of the national multiple sclerosis society. These	86911
chapters shall use the money they receive under this section to	86912
assist in paying the expenses they incur in providing services	86913
directly to their clients.	86914

The registrar shall pay the contributions the registrar	86915
receives pursuant to section 4503.496 of the Revised Code to the	86916
Ohio sickle cell and health association, which shall use the	86917
contributions to help support educational, clinical, and social	86918
support services for adults who have sickle cell disease.	86919

The registrar shall pay the contributions the registrar	86920
receives pursuant to section 4503.498 of the Revised Code to	86921
special olympics Ohio, inc., which shall use the contributions for	86922
its programs, charitable efforts, and other activities.	86923

The registrar shall pay the contributions the registrar	86924
receives pursuant to section 4503.499 of the Revised Code to the	86925
children's glioma cancer foundation, which shall use the	86926
contributions for its research and other programs.	86927

The registrar shall pay the contributions the registrar	86928
receives pursuant to section 4503.50 of the Revised Code to the	86929
future farmers of America foundation, which shall deposit the	86930
contributions into its general account to be used for educational	86931
and scholarship purposes of the future farmers of America	86932
foundation.	86933

The registrar shall pay the contributions the registrar	86934
receives pursuant to section 4503.501 of the Revised Code to the	86935
4-H youth development program of the Ohio state university	86936
extension program, which shall use those contributions to pay the	86937
expenses it incurs in conducting its educational activities.	86938

The registrar shall pay the contributions received pursuant	86939
to section 4503.502 of the Revised Code to the Ohio cattlemen's	86940
foundation, which shall use those contributions for scholarships	86941
and other educational activities.	86942

The registrar shall pay the contributions received pursuant	86943
to section 4503.505 of the Revised Code to the organization Ohio	86944
region phi theta kappa, which shall use those contributions for	86945
scholarships for students who are members of that organization.	86946

The registrar shall pay each contribution the registrar	86947
receives pursuant to section 4503.51 of the Revised Code to the	86948
university or college whose name or marking or design appears on	86949
collegiate license plates that are issued to a person under that	86950
section. A university or college that receives contributions from	86951
the fund shall deposit the contributions into its general	86952
scholarship fund.	86953

The registrar shall pay the contributions the registrar	86954
receives pursuant to section 4503.522 of the Revised Code to the	86955
"friends of Perry's victory and international peace memorial,	86956
incorporated," a nonprofit corporation organized under the laws of	86957
this state, to assist that organization in paying the expenses it	86958
incurs in sponsoring or holding charitable, educational, and	86959
cultural events at the monument.	86960

The registrar shall pay the contributions the registrar	86961
receives pursuant to section 4503.523 of the Revised Code to the	86962
fairport lights foundation, which shall use the money to pay for	86963
the restoration, maintenance, and preservation of the lighthouses	86964
of fairport harbor.	86965

The registrar shall pay the contributions the registrar	86966
receives pursuant to section 4503.524 of the Revised Code to the	86967
Massillon tiger football booster club, which shall use the	86968
contributions only to promote and support the football team of	86969
Washington high school of the Massillon city school district.	86970

The registrar shall pay the contributions the registrar	86971
receives pursuant to section 4503.526 of the Revised Code to the	86972
Ohio district Kiwanis foundation of the Ohio district of Kiwanis	86973
international, which shall use the money it receives under this	86974
section to pay the costs of its educational and humanitarian	86975
activities.	86976

The registrar shall pay the contributions the registrar	86977
receives pursuant to section 4503.531 of the Revised Code to the	86978
thank you foundation, incorporated, a nonprofit corporation	86979
organized under the laws of this state, to assist that	86980
organization in paying for the charitable activities and programs	86981
it sponsors in support of United States military personnel,	86982
veterans, and their families.	86983

The registrar shall pay the contributions the registrar	86984
receives pursuant to section 4503.55 of the Revised Code to the	86985
pro football hall of fame, which shall deposit the contributions	86986
into a special bank account that it establishes and which shall be	86987
separate and distinct from any other account the pro football hall	86988
of fame maintains, to be used exclusively for the purpose of	86989
promoting the pro football hall of fame as a travel destination.	86990

The registrar shall pay the contributions that are paid to	86991
the registrar pursuant to section 4503.545 of the Revised Code to	86992
the national rifle association foundation, which shall use the	86993
money to pay the costs of the educational activities and programs	86994
the foundation holds or sponsors in this state.	86995

The registrar shall pay to the Ohio pet fund the	86996
contributions the registrar receives pursuant to section 4503.551	86997
of the Revised Code and any other money from any other source,	86998
including donations, gifts, and grants, that is designated by the	86999
source to be paid to the Ohio pet fund. The Ohio pet fund shall	87000
use the moneys it receives under this section to support programs	87001
for the sterilization of dogs and cats and for educational	87002
programs concerning the proper veterinary care of those animals,	87003
and for expenses of the Ohio pet fund that are reasonably	87004
necessary for it to obtain and maintain its tax-exempt status and	87005
to perform its duties.	87006

The registrar shall pay the contributions the registrar	87007
receives pursuant to section 4503.552 of the Revised Code to the	87008
rock and roll hall of fame and museum, incorporated.	87009

The registrar shall pay the contributions the registrar	87010
receives pursuant to section 4503.553 of the Revised Code to the	87011
Ohio coalition for animals, incorporated, a nonprofit corporation.	87012
Except as provided in division (B) of this section, the coalition	87013
shall distribute the money to its members, and the members shall	87014
use the money only to pay for educational, charitable, and other	87015
programs of each coalition member that provide care for unwanted,	87016
abused, and neglected horses. The Ohio coalition for animals may	87017
use a portion of the money to pay for reasonable marketing costs	87018
incurred in the design and promotion of the license plate and for	87019
administrative costs incurred in the disbursement and management	87020
of funds received under this section.	87021

The registrar shall pay the contributions the registrar	87022
receives pursuant to section 4503.561 of the Revised Code to the	87023
state of Ohio chapter of ducks unlimited, inc., which shall	87024
deposit the contributions into a special bank account that it	87025
establishes. The special bank account shall be separate and	87026
distinct from any other account the state of Ohio chapter of ducks	87027
unlimited, inc., maintains and shall be used exclusively for the	87028
purpose of protecting, enhancing, restoring, and managing wetlands	87029
and conserving wildlife habitat. The state of Ohio chapter of	87030
ducks unlimited, inc., annually shall notify the registrar in	87031
writing of the name, address, and account to which such payments	87032
are to be made.	87033

The registrar shall pay the contributions the registrar	87034
receives pursuant to section 4503.562 of the Revised Code to the	87035
Mahoning river consortium, which shall use the money to pay the	87036
expenses it incurs in restoring and maintaining the Mahoning river	87037
watershed.	87038

The registrar shall pay the contributions the registrar	87039
receives pursuant to section 4503.564 of the Revised Code to	87040
Antioch college for the use of the Glen Helen ecology institute to	87041
pay expenses related to the Glen Helen nature preserve.	87042

The registrar shall pay to a sports commission created	87043
pursuant to section 4503.591 of the Revised Code each contribution	87044
the registrar receives under that section that an applicant pays	87045
to obtain license plates that bear the logo of a professional	87046
sports team located in the county of that sports commission and	87047
that is participating in the license plate program pursuant to	87048
division (E) of that section, irrespective of the county of	87049
residence of an applicant.	87050

The registrar shall pay to a community charity each	87051
contribution the registrar receives under section 4503.591 of the	87052
Revised Code that an applicant pays to obtain license plates that	87053
bear the logo of a professional sports team that is participating	87054
in the license plate program pursuant to division (G) of that	87055
section.	87056

The registrar shall pay the contributions the registrar	87057
receives pursuant to section 4503.67 of the Revised Code to the	87058
Dan Beard council of the boy scouts of America. The council shall	87059
distribute all contributions in an equitable manner throughout the	87060
state to regional councils of the boy scouts.	87061

The registrar shall pay the contributions the registrar	87062
receives pursuant to section 4503.68 of the Revised Code to the	87063
great river council of the girl scouts of the United States of	87064
America. The council shall distribute all contributions in an	87065
equitable manner throughout the state to regional councils of the	87066
girl scouts.	87067

The registrar shall pay the contributions the registrar	87068
receives pursuant to section 4503.69 of the Revised Code to the	87069
Dan Beard council of the boy scouts of America. The council shall	87070
distribute all contributions in an equitable manner throughout the	87071
state to regional councils of the boy scouts.	87072

The registrar shall pay the contributions the registrar	87073
receives pursuant to section 4503.701 of the Revised Code to the	87074
Prince Hall grand lodge of free and accepted masons of Ohio, which	87075
shall use the contributions for scholarship purposes.	87076

The registrar shall pay the contributions the registrar	87077
receives pursuant to section 4503.71 of the Revised Code to the	87078
fraternal order of police of Ohio, incorporated, which shall	87079
deposit the fees into its general account to be used for purposes	87080
of the fraternal order of police of Ohio, incorporated.	87081

The registrar shall pay the contributions the registrar	87082
receives pursuant to section 4503.711 of the Revised Code to the	87083
fraternal order of police of Ohio, incorporated, which shall	87084
deposit the contributions into an account that it creates to be	87085
used for the purpose of advancing and protecting the law	87086
enforcement profession, promoting improved law enforcement	87087
methods, and teaching respect for law and order.	87088

The registrar shall pay the contributions received pursuant	87089
to section 4503.712 of the Revised Code to Ohio concerns of police	87090
survivors, which shall use those contributions to provide whatever	87091
assistance may be appropriate to the families of Ohio law	87092
enforcement officers who are killed in the line of duty.	87093

The registrar shall pay the contributions received pursuant	87094
to section 4503.713 of the Revised Code to the greater Cleveland	87095
peace officers memorial society, which shall use those	87096
contributions to honor law enforcement officers who have died in	87097
the line of duty and support its charitable purposes.	87098

The registrar shall pay the contributions the registrar	87099
receives pursuant to section 4503.72 of the Revised Code to the	87100
organization known on March 31, 2003, as the Ohio CASA/GAL	87101
association, a private, nonprofit corporation organized under	87102
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association	87103
shall use these contributions to pay the expenses it incurs in	87104
administering a program to secure the proper representation in the	87105
courts of this state of abused, neglected, and dependent children,	87106
and for the training and supervision of persons participating in	87107
that program.	87108

The registrar shall pay the contributions the registrar	87109
receives pursuant to section 4503.73 of the Revised Code to Wright	87110
B. Flyer, incorporated, which shall deposit the contributions into	87111
its general account to be used for purposes of Wright B. Flyer,	87112
incorporated.	87113

The registrar shall pay the contributions the registrar	87114
receives pursuant to section 4503.732 of the Revised Code to the	87115
Siegel & Shuster society, a nonprofit organization dedicated to	87116
commemorating and celebrating the creation of Superman in	87117
Cleveland, Ohio.	87118

The registrar shall pay the contributions the registrar	87119
receives pursuant to section 4503.74 of the Revised Code to the	87120
Columbus zoological park association, which shall disburse the	87121
moneys to Ohio's major metropolitan zoos, as defined in section	87122
4503.74 of the Revised Code, in accordance with a written	87123
agreement entered into by the major metropolitan zoos.	87124

The registrar shall pay the contributions the registrar	87125
receives pursuant to section 4503.75 of the Revised Code to the	87126
rotary foundation, located on March 31, 2003, in Evanston,	87127
Illinois, to be placed in a fund known as the permanent fund and	87128
used to endow educational and humanitarian programs of the rotary	87129
foundation.	87130

The registrar shall pay the contributions the registrar	87131
receives pursuant to section 4503.751 of the Revised Code to the	87132
Ohio association of realtors, which shall deposit the	87133
contributions into a property disaster relief fund maintained	87134
under the Ohio realtors charitable and education foundation.	87135

The registrar shall pay the contributions the registrar	87136
receives pursuant to section 4503.85 of the Revised Code to the	87137
Ohio sea grant college program to be used for Lake Erie area	87138
research projects.	87139

The registrar shall pay the contributions the registrar	87140
receives pursuant to section 4503.89 of the Revised Code to the	87141
American red cross of greater Columbus on behalf of the Ohio	87142
chapters of the American red cross, which shall use the	87143
contributions for disaster readiness, preparedness, and response	87144
programs on a statewide basis.	87145

The registrar shall pay the contributions received pursuant	87146
to section 4503.92 of the Revised Code to support our troops,	87147
incorporated, a national nonprofit corporation, which shall use	87148
those contributions in accordance with its articles of	87149
incorporation and for the benefit of servicemembers of the armed	87150
forces of the United States and their families when they are in	87151
financial need.	87152

The registrar shall pay the contributions the registrar	87153
receives pursuant to section 4503.94 of the Revised Code to the	87154
Michelle's leading star foundation, which shall use the money	87155
solely to fund the rental, lease, or purchase of the simulated	87156
driving curriculum of the Michelle's leading star foundation by	87157
boards of education of city, exempted village, local, and joint	87158
vocational school districts.	87159

(C) All investment earnings of the license plate contribution	87160
fund shall be credited to the fund. Not later than the first day	87161
of May of every year, the registrar shall distribute to each	87162
entity described in division (B) of this section the investment	87163
income the fund earned the previous calendar year. The amount of	87164
such a distribution paid to an entity shall be proportionate to	87165
the amount of money the entity received from the fund during the	87166
previous calendar year.	87167

Sec. 4503.03. (A)(1)(a) ~~The~~Except as provided in division	87168
(B) of this section, the registrar of motor vehicles may designate	87169
~~the county auditor in each county~~one or more of the following	87170
persons to act as a deputy registrar~~. If the population of a~~	87171
~~county is forty thousand or less according to the last federal~~	87172
~~census and if the county auditor is designated by the registrar as~~	87173
~~a deputy registrar, no other person need be designated in the~~	87174
~~county to act as a deputy registrar~~in each county:	87175

(i) The county auditor in any county, subject to division	87176
(A)(1)(b)(i) of this section;	87177

(ii) The clerk of a court of common pleas in any county,	87178
subject to division (A)(1)(b)(ii) of this section;	87179

(iii) An individual;

87180

(iv) A nonprofit corporation as defined in division (C) of	87181
section 1702.01 of the Revised Code.	87182

(b)(i) If the population of a county is forty thousand or	87183
less according to the most recent federal decennial census and if	87184
the county auditor is designated by the registrar as a deputy	87185
registrar, no other person need be designated in the county to act	87186
as a deputy registrar.	87187

(ii) The registrar may designate a clerk of a court of common	87188
pleas as a deputy registrar if the population of the county is	87189
forty thousand or less according to the last federal census. In a	87190
county with a population greater than forty thousand but not more	87191
than fifty thousand according to the last federal census, the	87192
clerk of a court of common pleas is eligible to act as a deputy	87193
registrar and may participate in the competitive selection process	87194
for the award of a deputy registrar contract by applying in the	87195
same manner as any other person. All fees collected and retained	87196
by a clerk for conducting deputy registrar services shall be paid	87197
into the county treasury to the credit of the certificate of title	87198
administration fund created under section 325.33 of the Revised	87199
Code.	87200

~~(c) In all other instances, the registrar shall contract with~~	87201
~~one or more other persons in each county to act as deputy~~	87202
~~registrars. As part of the selection process in awarding a deputy~~	87203
~~registrar contract, the registrar shall consider the customer~~	87204
~~service performance record of any person previously awarded a~~	87205
~~deputy registrar contract.~~	87206

Notwithstanding the county population restrictions in	87207
division (A)(1)(b) of this section, if no person applies to act	87208
under contract as a deputy registrar in a county and the county	87209
auditor is not designated as a deputy registrar, the registrar may	87210
ask the clerk of a court of common pleas to serve as the deputy	87211
registrar for that county.	87212

(c) As part of the selection process in awarding a deputy	87213
registrar contract, the registrar shall consider the customer	87214
service performance record of any person previously awarded a	87215
deputy registrar contract pursuant to division (A)(1) of this	87216
section.	87217

(2) Deputy registrars shall accept applications for the	87218
annual license tax for any vehicle not taxed under section 4503.63	87219
of the Revised Code and shall assign distinctive numbers in the	87220
same manner as the registrar. Such deputies shall be located in	87221
such locations in the county as the registrar sees fit. There	87222
shall be at least one deputy registrar in each county.	87223

Deputy registrar contracts are subject to the provisions of	87224
division (B) of section 125.081 of the Revised Code.	87225

(B)(1) The registrar shall not ~~contract with~~designate any	87226
person to act as a deputy registrar under division (A)(1) of this	87227
section if the person or, where applicable, the person's spouse or	87228
a member of the person's immediate family has made, within the	87229
current calendar year or any one of the previous three calendar	87230
years, one or more contributions totaling in excess of one hundred	87231
dollars to any person or entity included in division (A)(2) of	87232
section 4503.033 of the Revised Code. As used in this division,	87233
"immediate family" has the same meaning as in division (D) of	87234
section 102.01 of the Revised Code, and "entity" includes any	87235
political party and any "continuing association" as defined in	87236
division (B)(4) of section 3517.01 of the Revised Code or	87237
"political action committee" as defined in division (B)(8) of that	87238
section that is primarily associated with that political party.	87239
For purposes of this division, contributions to any continuing	87240
association or any political action committee that is primarily	87241
associated with a political party shall be aggregated with	87242
contributions to that political party.	87243

The contribution limitations contained in this division do	87244
not apply to any county auditor or clerk of a court of common	87245
pleas. A county auditor or clerk of a court of common pleas is not	87246
required to file the disclosure statement or pay the filing fee	87247
required under section 4503.033 of the Revised Code. The	87248
limitations of this division also do not apply to a deputy	87249
registrar who, subsequent to being awarded a deputy registrar	87250
contract, is elected to an office of a political subdivision.	87251

(2) The registrar shall not ~~contract with~~designate either of	87252
the following to act as a deputy registrar:	87253

~~(1)~~(a) Any elected public official other than a county	87254
auditor or, as authorized by division (A)(1)(b) of this section, a	87255
clerk of a court of common pleas, acting in an official capacity,	87256
except that, the registrar shall continue and may renew a contract	87257
with any deputy registrar who, subsequent to being awarded a	87258
deputy registrar contract, is elected to an office of a political	87259
subdivision;	87260

~~(2)~~(b) Any person holding a current, valid contract to	87261
conduct motor vehicle inspections under section 3704.14 of the	87262
Revised Code.	87263

(3) As used in division (B) of this section, "political	87264
subdivision" has the same meaning as in section 3501.01 of the	87265
Revised Code.	87266

(C)(1) Except as provided in division (C)(2) of this section,	87267
deputy registrars are independent contractors and neither they nor	87268
their employees are employees of this state, except that nothing	87269
in this section shall affect the status of county auditors or	87270
clerks of courts of common pleas as public officials, nor the	87271
status of their employees as employees of any of the counties of	87272
this state, which are political subdivisions of this state. Each	87273
deputy registrar shall be responsible for the payment of all	87274
unemployment compensation premiums, all workers' compensation	87275
premiums, social security contributions, and any and all taxes for	87276
which the deputy registrar is legally responsible. Each deputy	87277
registrar shall comply with all applicable federal, state, and	87278
local laws requiring the withholding of income taxes or other	87279
taxes from the compensation of the deputy registrar's employees.	87280
Each deputy registrar shall maintain during the entire term of the	87281
deputy registrar's contract a policy of business liability	87282
insurance satisfactory to the registrar and shall hold the	87283
department of public safety, the director of public safety, the	87284
bureau of motor vehicles, and the registrar harmless upon any and	87285
all claims for damages arising out of the operation of the deputy	87286
registrar agency.	87287

(2) For purposes of Chapter 4141. of the Revised Code,	87288
determinations concerning the employment of deputy registrars and	87289
their employees shall be made under Chapter 4141. of the Revised	87290
Code.	87291

(D)(1) With the approval of the director, the registrar shall	87292
adopt rules governing ~~the~~deputy registrars. The rules shall do	87293
all of the following:	87294

(a) Establish requirements governing the terms of the	87295
contract between the registrar and each deputy registrar and	87296
~~specifications for~~ the services to be performed~~. The rules shall~~	87297
~~include specifications relating to the~~;	87298

(b) Establish requirements governing the amount of bond to be	87299
given as provided in this section; ~~the~~	87300

(c) Establish requirements governing the size and location of	87301
the deputy's office; ~~and~~	87302

(d) Establish requirements governing the leasing of equipment	87303
necessary to conduct the vision screenings required under section	87304
4507.12 of the Revised Code and training in the use of the	87305
equipment~~. The specifications shall permit and encourage~~;	87306

(e) Encourage every deputy registrar to inform the public of	87307
the location of the deputy registrar's office and hours of	87308
operation by means of public service announcements ~~and allow~~;	87309

(f) Allow any deputy registrar to advertise in regard to the	87310
operation of the deputy registrar's office~~. The rules also shall~~	87311
~~include specifications for~~;	87312

(g) Specify the hours the deputy's office is to be open to	87313
the public and ~~shall~~ require as a minimum that one deputy's	87314
office in each county be open to the public for at least four	87315
hours each weekend, provided that if only one deputy's office is	87316
located within the boundary of the county seat, that office is the	87317
office that shall be open for the four-hour period each weekend.	87318
~~The rules also shall include specifications providing~~;	87319

(h) Specify that every deputy ~~in each county~~registrar, upon	87320
request, provide any person with information about the location	87321
and office hours of all deputy registrars in the county ~~and that~~	87322
~~every deputy prominently display within the deputy's office, the~~	87323
~~toll-free telephone number of the bureau. The rules shall not~~	87324
~~prohibit the award of~~;	87325

(i) Allow a deputy registrar contract to be awarded to a	87326
nonprofit corporation formed under the laws of this state~~. The~~	87327
~~rules shall~~;	87328

(j) Except as provided in division (D)(2) of this section,	87329
prohibit any deputy registrar from operating more than one ~~such~~	87330
deputy registrar's office at any time~~, except that the rules may~~	87331
~~permit a nonprofit corporation formed for the purposes of~~	87332
~~providing automobile-related services to its members or the public~~	87333
~~and that provides such services from more than one location in~~	87334
~~this state to operate a deputy registrar office at any such~~	87335
~~location, provided that the nonprofit corporation operates no more~~	87336
~~than one deputy registrar office in any one county. The rules may~~	87337
~~include such other specifications as the registrar and director~~	87338
~~consider necessary to provide a high level of service.~~	87339

~~The rules shall establish~~;

87340

(k) For the duration of any deputy registrar contract,	87341
require that the deputy registrar occupy a primary residence in a	87342
location that is within a one-hour commute time from the deputy	87343
registrar's office or offices. The rules shall require the	87344
registrar to determine commute time by using multiple established	87345
internet-based mapping services.	87346

(l) Establish procedures for a deputy registrar ~~who requests~~	87347
~~such~~to request the authority to collect reinstatement fees under	87348
sections 4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 4510.22,	87349
4510.72, and 4511.191 of the Revised Code and to transmit the	87350
reinstatement fees and two dollars of the service fee collected	87351
under those sections. The registrar shall ensure that, not later	87352
than January 1, 2012, at least one deputy registrar in each county	87353
has the necessary equipment and is able to accept reinstatement	87354
fees. The registrar shall deposit the service fees received from a	87355
deputy registrar under those sections into the state bureau of	87356
motor vehicles fund created in section 4501.25 of the Revised Code	87357
and shall use the money for deputy registrar equipment necessary	87358
in connection with accepting reinstatement fees.	87359

(m) Establish such other requirements as the registrar and	87360
director consider necessary to provide a high level of service.	87361

(2) Notwithstanding division (D)(1)(j) of this section, the	87362
rules may allow both of the following:	87363

(a) The registrar to award a contract to a deputy registrar	87364
to operate more than one deputy registrar's office if determined	87365
by the registrar to be practical;	87366

(b) A nonprofit corporation formed for the purposes of	87367
providing automobile-related services to its members or the public	87368
and that provides such services from more than one location in	87369
this state to operate a deputy registrar office at any location.	87370

(3) As a daily adjustment, the bureau of motor vehicles shall	87371
credit to a deputy registrar three dollars and fifty cents for	87372
each damaged license plate or validation sticker the deputy	87373
registrar replaces as a service to a member of the public.	87374

~~(3)~~(4)(a) With the prior approval of the registrar, each	87375
deputy registrar may conduct at the location of the deputy	87376
registrar's office any business that is consistent with the	87377
functions of a deputy registrar and that is not specifically	87378
mandated or authorized by this or another chapter of the Revised	87379
Code or by implementing rules of the registrar.	87380

(b) In accordance with guidelines the director of public	87381
safety shall establish, a deputy registrar may operate or contract	87382
for the operation of a vending machine at a deputy registrar	87383
location if products of the vending machine are consistent with	87384
the functions of a deputy registrar.	87385

(c) A deputy registrar may enter into an agreement with the	87386
Ohio turnpike and infrastructure commission pursuant to division	87387
(A)(11) of section 5537.04 of the Revised Code for the purpose of	87388
allowing the general public to acquire from the deputy registrar	87389
the electronic toll collection devices that are used under the	87390
multi-jurisdiction electronic toll collection agreement between	87391
the Ohio turnpike and infrastructure commission and any other	87392
entities or agencies that participate in such an agreement. The	87393
approval of the registrar is not necessary if a deputy registrar	87394
engages in this activity.	87395

~~(4)~~(5) As used in this section and in section 4507.01 of the	87396
Revised Code, "nonprofit corporation" has the same meaning as in	87397
section 1702.01 of the Revised Code.	87398

(E)(1) Unless otherwise terminated and except for interim	87399
contracts ~~of less~~lasting not longer than one year, contracts with	87400
deputy registrars shall be ~~for a term of at least two years, but~~	87401
~~no more than three years, and all contracts effective on or after~~	87402
entered into through a competitive selection process and shall be	87403
limited in duration as follows:	87404

(a) For contracts entered into between July 1, 1996~~, shall be~~	87405
~~for a term of more~~and June 29, 2014, for a period of not less	87406
than two years, but not more than three years~~. All~~;	87407

(b) For contracts entered into on or after June 29, 2014, for	87408
a period of five years, unless the registrar determines that a	87409
shorter contract term is appropriate for a particular deputy	87410
registrar.	87411

(2) All contracts with deputy registrars shall expire on the	87412
last Saturday of June in the year of their expiration. ~~The~~Prior	87413
to the expiration of any deputy registrar contract, the registrar,	87414
with the approval of the director, may award a one-year contract	87415
extension to any deputy registrar who has provided exemplary	87416
service based upon objective performance evaluations.	87417

(3)(a) The auditor of state may examine the accounts,	87418
reports, systems, and other data of each deputy registrar at least	87419
every two years. The registrar, with the approval of the director,	87420
shall immediately remove a deputy who violates any provision of	87421
the Revised Code related to the duties as a deputy, any rule	87422
adopted by the registrar, or a term of the deputy's contract with	87423
the registrar. The registrar also may remove a deputy who, in the	87424
opinion of the registrar, has engaged in any conduct that is	87425
either unbecoming to one representing this state or is	87426
inconsistent with the efficient operation of the deputy's office.	87427

(b) If the registrar, with the approval of the director,	87428
determines that there is good cause to believe that a deputy	87429
registrar or a person proposing for a deputy registrar contract	87430
has engaged in any conduct that would require the denial or	87431
termination of the deputy registrar contract, the registrar may	87432
require the production of books, records, and papers as the	87433
registrar determines are necessary, and may take the depositions	87434
of witnesses residing within or outside the state in the same	87435
manner as is prescribed by law for the taking of depositions in	87436
civil actions in the court of common pleas, and for that purpose	87437
the registrar may issue a subpoena for any witness or a subpoena	87438
duces tecum to compel the production of any books, records, or	87439
papers, directed to the sheriff of the county where the witness	87440
resides or is found. Such a subpoena shall be served and returned	87441
in the same manner as a subpoena in a criminal case is served and	87442
returned. The fees of the sheriff shall be the same as that	87443
allowed in the court of common pleas in criminal cases. Witnesses	87444
shall be paid the fees and mileage provided for under section	87445
119.094 of the Revised Code. The fees and mileage shall be paid	87446
from the fund in the state treasury for the use of the agency in	87447
the same manner as other expenses of the agency are paid.	87448

In any case of disobedience or neglect of any subpoena served	87449
on any person or the refusal of any witness to testify to any	87450
matter regarding which the witness lawfully may be interrogated,	87451
the court of common pleas of any county where the disobedience,	87452
neglect, or refusal occurs or any judge of that court, on	87453
application by the registrar, shall compel obedience by attachment	87454
proceedings for contempt, as in the case of disobedience of the	87455
requirements of a subpoena issued from that court, or a refusal to	87456
testify in that court.	87457

(4) Nothing in ~~this~~ division (E) of this section shall be	87458
construed to require a hearing of any nature prior to the	87459
termination of any deputy registrar contract by the registrar,	87460
with the approval of the director, for cause.	87461

(F) Except as provided in section 2743.03 of the Revised	87462
Code, no court, other than the court of common pleas of Franklin	87463
county, has jurisdiction of any action against the department of	87464
public safety, the director, the bureau, or the registrar to	87465
restrain the exercise of any power or authority, or to entertain	87466
any action for declaratory judgment, in the selection and	87467
appointment of, or contracting with, deputy registrars. Neither	87468
the department, the director, the bureau, nor the registrar is	87469
liable in any action at law for damages sustained by any person	87470
because of any acts of the department, the director, the bureau,	87471
or the registrar, or of any employee of the department or bureau,	87472
in the performance of official duties in the selection and	87473
appointment of, and contracting with, deputy registrars.	87474

(G) The registrar shall assign to each deputy registrar a	87475
series of numbers sufficient to supply the demand at all times in	87476
the area the deputy registrar serves, and the registrar shall keep	87477
a record in the registrar's office of the numbers within the	87478
series assigned. Each deputy shall be required to give bond in the	87479
amount of at least twenty-five thousand dollars, or in such higher	87480
amount as the registrar determines necessary, based on a uniform	87481
schedule of bond amounts established by the registrar and	87482
determined by the volume of registrations handled by the deputy.	87483
The form of the bond shall be prescribed by the registrar. The	87484
bonds required of deputy registrars, in the discretion of the	87485
registrar, may be individual or schedule bonds or may be included	87486
in any blanket bond coverage carried by the department.	87487

(H) Each deputy registrar shall keep a file of each	87488
application received by the deputy and shall register that motor	87489
vehicle with the name and address of its owner.	87490

(I) Upon request, a deputy registrar shall make the physical	87491
inspection of a motor vehicle and issue the physical inspection	87492
certificate required in section 4505.061 of the Revised Code.	87493

(J) Each deputy registrar shall file a report semiannually	87494
with the registrar of motor vehicles listing the number of	87495
applicants for licenses the deputy has served, the number of voter	87496
registration applications the deputy has completed and transmitted	87497
to the board of elections, and the number of voter registration	87498
applications declined.	87499

Sec. 4503.064. As used in sections 4503.064 to 4503.069 of	87500
the Revised Code:	87501

(A) "Sixty-five years of age or older" means a person who	87502
will be age sixty-five or older in the calendar year following the	87503
year of application for reduction in the assessable value of the	87504
person's manufactured or mobile home.	87505

(B) "Permanently and totally disabled" means a person who, on	87506
the first day of January of the year of application, including	87507
late application, for reduction in the assessable value of a	87508
manufactured or mobile home, has some impairment in body or mind	87509
that makes the person unable to work at any substantially	87510
remunerative employment which the person is reasonably able to	87511
perform and which will, with reasonable probability, continue for	87512
an indefinite period of at least twelve months without any present	87513
indication of recovery therefrom or has been certified as	87514
permanently and totally disabled by a state or federal agency	87515
having the function of so classifying persons.	87516

(C) "Homestead exemption" means the reduction in taxes	87517
allowed under division (A) of section 323.152 of the Revised Code	87518
for the year in which an application is filed under section	87519
4503.066 of the Revised Code.	87520

(D) "Manufactured home" has the meaning given in division	87521
(C)(4) of section 3781.06 of the Revised Code, and includes a	87522
structure consisting of two manufactured homes that were purchased	87523
either together or separately and are combined to form a single	87524
dwelling, but does not include a manufactured home that is taxed	87525
as real property pursuant to division (B) of section 4503.06 of	87526
the Revised Code.	87527

(E) "Mobile home" has the meaning given in division (O) of	87528
section 4501.01 of the Revised Code and includes a structure	87529
consisting of two mobile homes that were purchased together or	87530
separately and combined to form a single dwelling, but does not	87531
include a mobile home that is taxed as real property pursuant to	87532
division (B) of section 4503.06 of the Revised Code.	87533

(F) "Late application" means an application filed with an	87534
original application under division (A)(3) of section 4503.066 of	87535
the Revised Code.	87536

(G) "Total income" has the same meaning as in section 323.151	87537
of the Revised Code.	87538

Sec. 4503.065. (A) This section applies to any of the	87539
following persons:	87540

(1) An individual who is permanently and totally disabled;

87541

(2) An individual who is sixty-five years of age or older;

87542

(3) An individual who is the surviving spouse of a deceased	87543
person who was permanently and totally disabled or sixty-five	87544
years of age or older and who applied and qualified for a	87545
reduction in assessable value under this section in the year of	87546
death, provided the surviving spouse is at least fifty-nine but	87547
not sixty-five or more years of age on the date the deceased	87548
spouse dies.	87549

(B) The manufactured home tax on a manufactured or mobile	87550
home that is paid pursuant to division (C) of section 4503.06 of	87551
the Revised Code and that is owned and occupied as a home by an	87552
individual whose domicile is in this state and to whom this	87553
section applies, shall be reduced for any tax year for which an	87554
application for such reduction has been approved, provided the	87555
individual did not acquire ownership from a person, other than the	87556
individual's spouse, related by consanguinity or affinity for the	87557
purpose of qualifying for the reduction. An owner includes a	87558
settlor of a revocable or irrevocable inter vivos trust holding	87559
the title to a manufactured or mobile home occupied by the settlor	87560
as of right under the trust.	87561

(1) For manufactured and mobile homes for which the tax	87562
imposed by section 4503.06 of the Revised Code is computed under	87563
division (D)(2) of that section, the reduction shall equal ~~the~~	87564
~~greater of the reduction granted for the tax year preceding the~~	87565
~~first tax year to which this section applies pursuant to Section~~	87566
~~803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if the~~	87567
~~taxpayer received a reduction for that preceding tax year, or~~one	87568
of the following amounts, as applicable to the person:	87569

(a) If the person received a reduction under this section for	87570
tax year 2007, the greater of the reduction for that tax year or	87571
the amount computed under division (B)(2) of this section;	87572

(b) If the person received a reduction under this section for	87573
tax year 2014 or under division (A) of section 323.152 of the	87574
Revised Code for tax year 2013, the amount computed under division	87575
(B)(2) of this section. For purposes of divisions (B)(1)(b) and	87576
(c) of this section, a person receives a reduction under this	87577
section or division (A) of section 323.152 of the Revised Code for	87578
tax year 2014 or 2013, respectively, if the person files a late	87579
application for that respective tax year that is approved by the	87580
county auditor under section 4503.066 or 323.153 of the Revised	87581
Code.	87582

(c) If the person did not receive a reduction under this	87583
section for tax year 2014 or under division (A) of section 323.152	87584
of the Revised Code for tax year 2013 and the person's total	87585
income does not exceed thirty thousand dollars, as adjusted under	87586
division (B)(5) of this section, the amount computed under	87587
division (B)(2) of this section.	87588

(2) The amount of the reduction under division (B)(2) of this	87589
section equals the product of the following:	87590

(a) Twenty-five thousand dollars of the true value of the	87591
property in money;	87592

(b) The assessment percentage established by the tax	87593
commissioner under division (B) of section 5715.01 of the Revised	87594
Code, not to exceed thirty-five per cent;	87595

(c) The effective tax rate used to calculate the taxes	87596
charged against the property for the current year, where	87597
"effective tax rate" is defined as in section 323.08 of the	87598
Revised Code;	87599

(d) The quantity equal to one minus the sum of the percentage	87600
reductions in taxes received by the property for the current tax	87601
year under section 319.302 of the Revised Code and division (B) of	87602
section 323.152 of the Revised Code.	87603

~~(2)~~(3) For manufactured and mobile homes for which the tax	87604
imposed by section 4503.06 of the Revised Code is computed under	87605
division (D)(1) of that section, the reduction shall equal ~~the~~	87606
~~greater of the reduction granted for the tax year preceding the~~	87607
~~first tax year to which this section applies pursuant to Section~~	87608
~~803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if the~~	87609
~~taxpayer received a reduction for that preceding tax year, or~~one	87610
of the following amounts, as applicable to the person:	87611

(a) If the person received a reduction under this section for	87612
tax year 2007, the greater of the reduction for that tax year or	87613
the amount computed under division (B)(4) of this section;	87614

(b) If the person received a reduction under this section for	87615
tax year 2014 or under division (A) of section 323.152 of the	87616
Revised Code for tax year 2013, the amount computed under division	87617
(B)(4) of this section. For purposes of divisions (B)(3)(b) and	87618
(c) of this section, a person receives a reduction under this	87619
section or under division (A) of section 323.152 of the Revised	87620
Code for tax year 2014 or 2013, respectively, if the person files	87621
a late application for a refund of overpayments for that	87622
respective tax year that is approved by the county auditor under	87623
section 4503.066 of the Revised Code.	87624

(c) If the person did not receive a reduction under this	87625
section for tax year 2014 or under division (A) of section 323.152	87626
of the Revised Code for tax year 2013 and the person's total	87627
income does not exceed thirty thousand dollars, as adjusted under	87628
division (B)(5) of this section, the amount computed under	87629
division (B)(4) of this section.	87630

(4) The amount of the reduction under division (B)(4) of this	87631
section equals the product of the following:	87632

(a) Twenty-five thousand dollars of the cost to the owner, or	87633
the market value at the time of purchase, whichever is greater, as	87634
those terms are used in division (D)(1) of section 4503.06 of the	87635
Revised Code;	87636

(b) The percentage from the appropriate schedule in division	87637
(D)(1)(b) of section 4503.06 of the Revised Code;	87638

(c) The assessment percentage of forty per cent used in	87639
division (D)(1)(b) of section 4503.06 of the Revised Code;	87640

(d) The tax rate of the taxing district in which the home has	87641
its situs.	87642

(5) Each calendar year, the tax commissioner shall adjust the	87643
income threshold described in divisions (B)(1)(c) and (B)(3)(c) of	87644
this section by completing the following calculations in September	87645
of each year:	87646

(a) Determine the percentage increase in the gross domestic	87647
product deflator determined by the bureau of economic analysis of	87648
the United States department of commerce from the first day of	87649
January of the preceding calendar year to the last day of December	87650
of the preceding calendar year;	87651

(b) Multiply that percentage increase by the total income	87652
threshold for the ensuing tax year;	87653

(c) Add the resulting product to the total income threshold	87654
for the ensuing tax year;	87655

(d) Round the resulting sum to the nearest multiple of one	87656
hundred dollars.	87657

The commissioner shall certify the amount resulting from the	87658
adjustment to each county auditor not later than the first day of	87659
December each year. The certified amount applies to the second	87660
ensuing tax year. The commissioner shall not make the adjustment	87661
in any calendar year in which the amount resulting from the	87662
adjustment would be less than the total income threshold for the	87663
ensuing tax year.	87664

(C) If the owner or the spouse of the owner of a manufactured	87665
or mobile home is eligible for a homestead exemption on the land	87666
upon which the home is located, the reduction to which the owner	87667
or spouse is entitled under this section shall not exceed the	87668
difference between the reduction to which the owner or spouse is	87669
entitled under division (B) of this section and the amount of the	87670
reduction under the homestead exemption.	87671

(D) No reduction shall be made with respect to the home of	87672
any person convicted of violating division (C) or (D) of section	87673
4503.066 of the Revised Code for a period of three years following	87674
the conviction.	87675

Sec. 4503.066. (A)(1) To obtain a tax reduction under	87676
section 4503.065 of the Revised Code, the owner of the home shall	87677
file an application with the county auditor of the county in which	87678
the home is located. An application for reduction in taxes based	87679
upon a physical disability shall be accompanied by a certificate	87680
signed by a physician, and an application for reduction in taxes	87681
based upon a mental disability shall be accompanied by a	87682
certificate signed by a physician or psychologist licensed to	87683
practice in this state. The certificate shall attest to the fact	87684
that the applicant is permanently and totally disabled, shall be	87685
in a form that the department of taxation requires, and shall	87686
include the definition of totally and permanently disabled as set	87687
forth in section 4503.064 of the Revised Code. An application for	87688
reduction in taxes based upon a disability certified as permanent	87689
and total by a state or federal agency having the function of so	87690
classifying persons shall be accompanied by a certificate from	87691
that agency.	87692

(2) Each application shall constitute a continuing	87693
application for a reduction in taxes for each year in which the	87694
manufactured or mobile home is occupied by the applicant. Failure	87695
to receive a new application or notification under division (B) of	87696
this section after an application for reduction has been approved	87697
is prima-facie evidence that the original applicant is entitled to	87698
the reduction calculated on the basis of the information contained	87699
in the original application. The original application and any	87700
subsequent application shall be in the form of a signed statement	87701
and shall be filed not later than the first Monday in June. The	87702
statement shall be on a form, devised and supplied by the tax	87703
commissioner, that shall require no more information than is	87704
necessary to establish the applicant's eligibility for the	87705
reduction in taxes and the amount of the reduction to which the	87706
applicant is entitled. The form shall contain a statement that	87707
signing such application constitutes a delegation of authority by	87708
the applicant to the tax commissioner or the county auditor,	87709
individually or in consultation with each other, to examine any	87710
tax or financial records that relate to the income of the	87711
applicant as stated on the application for the purpose of	87712
determining eligibility under, or possible violation of, division	87713
(C) or (D) of this section. The form also shall contain a	87714
statement that conviction of willfully falsifying information to	87715
obtain a reduction in taxes or failing to comply with division (B)	87716
of this section shall result in the revocation of the right to the	87717
reduction for a period of three years.	87718

(3) A late application for a reduction in taxes for the year	87719
preceding the year for which an original application is filed may	87720
be filed with an original application. If the auditor determines	87721
that the information contained in the late application is correct,	87722
the auditor shall determine both the amount of the reduction in	87723
taxes to which the applicant would have been entitled for the	87724
current tax year had the application been timely filed and	87725
approved in the preceding year, and the amount the taxes levied	87726
under section 4503.06 of the Revised Code for the current year	87727
would have been reduced as a result of the reduction. When an	87728
applicant is permanently and totally disabled on the first day of	87729
January of the year in which the applicant files a late	87730
application, the auditor, in making the determination of the	87731
amounts of the reduction in taxes under division (A)(3) of this	87732
section, is not required to determine that the applicant was	87733
permanently and totally disabled on the first day of January of	87734
the preceding year.	87735

The amount of the reduction in taxes pursuant to a late	87736
application shall be treated as an overpayment of taxes by the	87737
applicant. The auditor shall credit the amount of the overpayment	87738
against the amount of the taxes or penalties then due from the	87739
applicant, and, at the next succeeding settlement, the amount of	87740
the credit shall be deducted from the amount of any taxes or	87741
penalties distributable to the county or any taxing unit in the	87742
county that has received the benefit of the taxes or penalties	87743
previously overpaid, in proportion to the benefits previously	87744
received. If, after the credit has been made, there remains a	87745
balance of the overpayment, or if there are no taxes or penalties	87746
due from the applicant, the auditor shall refund that balance to	87747
the applicant by a warrant drawn on the county treasurer in favor	87748
of the applicant. The treasurer shall pay the warrant from the	87749
general fund of the county. If there is insufficient money in the	87750
general fund to make the payment, the treasurer shall pay the	87751
warrant out of any undivided manufactured or mobile home taxes	87752
subsequently received by the treasurer for distribution to the	87753
county or taxing district in the county that received the benefit	87754
of the overpaid taxes, in proportion to the benefits previously	87755
received, and the amount paid from the undivided funds shall be	87756
deducted from the money otherwise distributable to the county or	87757
taxing district in the county at the next or any succeeding	87758
distribution. At the next or any succeeding distribution after	87759
making the refund, the treasurer shall reimburse the general fund	87760
for any payment made from that fund by deducting the amount of	87761
that payment from the money distributable to the county or other	87762
taxing unit in the county that has received the benefit of the	87763
taxes, in proportion to the benefits previously received. On the	87764
second Monday in September of each year, the county auditor shall	87765
certify the total amount of the reductions in taxes made in the	87766
current year under division (A)(3) of this section to the tax	87767
commissioner who shall treat that amount as a reduction in taxes	87768
for the current tax year and shall make reimbursement to the	87769
county of that amount in the manner prescribed in section 4503.068	87770
of the Revised Code, from moneys appropriated for that purpose.	87771

(B) If in any year for which an application for reduction in	87772
taxes has been approved the owner no longer qualifies for the	87773
reduction, the owner shall notify the county auditor that the	87774
owner is not qualified for a reduction in taxes.	87775

During January of each year, the county auditor shall furnish	87776
each person whose application for reduction has been approved, by	87777
ordinary mail, a form on which to report any changes in total	87778
income, ownership, occupancy, disability, and other information	87779
earlier furnished the auditor relative to the application. The	87780
form shall be completed and returned to the auditor not later than	87781
the first Monday in June if the changes would affect the person's	87782
eligibility for the reduction.	87783

(C) No person shall knowingly make a false statement for the	87784
purpose of obtaining a reduction in taxes under section 4503.065	87785
of the Revised Code.	87786

(D) No person shall knowingly fail to notify the county	87787
auditor of any change required by division (B) of this section	87788
that has the effect of maintaining or securing a reduction in	87789
taxes under section 4503.065 of the Revised Code.	87790

(E) No person shall knowingly make a false statement or	87791
certification attesting to any person's physical or mental	87792
condition for purposes of qualifying such person for tax relief	87793
pursuant to sections 4503.064 to 4503.069 of the Revised Code.	87794

(F) Whoever violates division (C), (D), or (E) of this	87795
section is guilty of a misdemeanor of the fourth degree.	87796

Sec. 4503.44. (A) As used in this section and in section	87797
4511.69 of the Revised Code:	87798

(1) "Person with a disability that limits or impairs the	87799
ability to walk" means any person who, as determined by a health	87800
care provider, meets any of the following criteria:	87801

(a) Cannot walk two hundred feet without stopping to rest;

87802

(b) Cannot walk without the use of, or assistance from, a	87803
brace, cane, crutch, another person, prosthetic device,	87804
wheelchair, or other assistive device;	87805

(c) Is restricted by a lung disease to such an extent that	87806
the person's forced (respiratory) expiratory volume for one	87807
second, when measured by spirometry, is less than one liter, or	87808
the arterial oxygen tension is less than sixty millimeters of	87809
mercury on room air at rest;	87810

(d) Uses portable oxygen;

87811

(e) Has a cardiac condition to the extent that the person's	87812
functional limitations are classified in severity as class III or	87813
class IV according to standards set by the American heart	87814
association;	87815

(f) Is severely limited in the ability to walk due to an	87816
arthritic, neurological, or orthopedic condition;	87817

(g) Is blind.

87818

(2) "Organization" means any private organization or	87819
corporation, or any governmental board, agency, department,	87820
division, or office, that, as part of its business or program,	87821
transports persons with disabilities that limit or impair the	87822
ability to walk on a regular basis in a motor vehicle that has not	87823
been altered for the purpose of providing it with special	87824
equipment for use by ~~handicapped~~ persons with disabilities. This	87825
definition does not apply to division (J) of this section.	87826

(3) "Health care provider" means a physician, physician	87827
assistant, advanced practice registered nurse, or chiropractor as	87828
defined in this section.	87829

(4) "Physician" means a person licensed to practice medicine	87830
or surgery or osteopathic medicine and surgery under Chapter 4731.	87831
of the Revised Code.	87832

(5) "Chiropractor" means a person licensed to practice	87833
chiropractic under Chapter 4734. of the Revised Code.	87834

(6) "Advanced practice registered nurse" means a certified	87835
nurse practitioner, clinical nurse specialist, certified	87836
registered nurse anesthetist, or certified nurse-midwife who holds	87837
a certificate of authority issued by the board of nursing under	87838
Chapter 4723. of the Revised Code.	87839

(7) "Physician assistant" means a person who holds a	87840
certificate to practice as a physician assistant issued under	87841
Chapter 4730. of the Revised Code.	87842

(B) Any organization or person with a disability that limits	87843
or impairs the ability to walk may apply to the registrar of motor	87844
vehicles for a removable windshield placard or, if the person owns	87845
or leases a motor vehicle, the person may apply for the	87846
registration of any motor vehicle the person owns or leases. In	87847
addition to one or more sets of license plates or one placard, a	87848
person with a disability that limits or impairs the ability to	87849
walk is entitled to one additional placard, but only if the person	87850
applies separately for the additional placard, states the reasons	87851
why the additional placard is needed, and the registrar, in the	87852
registrar's discretion, determines that good and justifiable cause	87853
exists to approve the request for the additional placard. When a	87854
motor vehicle has been altered for the purpose of providing it	87855
with special equipment for a person with a disability that limits	87856
or impairs the ability to walk, but is owned or leased by someone	87857
other than such a person, the owner or lessee may apply to the	87858
registrar or a deputy registrar for registration under this	87859
section. The application for registration of a motor vehicle owned	87860
or leased by a person with a disability that limits or impairs the	87861
ability to walk shall be accompanied by a signed statement from	87862
the applicant's health care provider certifying that the applicant	87863
meets at least one of the criteria contained in division (A)(1) of	87864
this section and that the disability is expected to continue for	87865
more than six consecutive months. The application for a removable	87866
windshield placard made by a person with a disability that limits	87867
or impairs the ability to walk shall be accompanied by a	87868
prescription from the applicant's health care provider prescribing	87869
such a placard for the applicant, provided that the applicant	87870
meets at least one of the criteria contained in division (A)(1) of	87871
this section. The health care provider shall state on the	87872
prescription the length of time the health care provider expects	87873
the applicant to have the disability that limits or impairs the	87874
applicant's ability to walk. The application for a removable	87875
windshield placard made by an organization shall be accompanied by	87876
such documentary evidence of regular transport of persons with	87877
disabilities that limit or impair the ability to walk by the	87878
organization as the registrar may require by rule and shall be	87879
completed in accordance with procedures that the registrar may	87880
require by rule. The application for registration of a motor	87881
vehicle that has been altered for the purpose of providing it with	87882
special equipment for a person with a disability that limits or	87883
impairs the ability to walk but is owned by someone other than	87884
such a person shall be accompanied by such documentary evidence of	87885
vehicle alterations as the registrar may require by rule.	87886

(C) When an organization, a person with a disability that	87887
limits or impairs the ability to walk, or a person who does not	87888
have a disability that limits or impairs the ability to walk but	87889
owns a motor vehicle that has been altered for the purpose of	87890
providing it with special equipment for a person with a disability	87891
that limits or impairs the ability to walk first submits an	87892
application for registration of a motor vehicle under this section	87893
and every fifth year thereafter, the organization or person shall	87894
submit a signed statement from the applicant's health care	87895
provider, a completed application, and any required documentary	87896
evidence of vehicle alterations as provided in division (B) of	87897
this section, and also a power of attorney from the owner of the	87898
motor vehicle if the applicant leases the vehicle. Upon submission	87899
of these items, the registrar or deputy registrar shall issue to	87900
the applicant appropriate vehicle registration and a set of	87901
license plates and validation stickers, or validation stickers	87902
alone when required by section 4503.191 of the Revised Code. In	87903
addition to the letters and numbers ordinarily inscribed thereon,	87904
the license plates shall be imprinted with the international	87905
symbol of access. The license plates and validation stickers shall	87906
be issued upon payment of the regular license fee as prescribed	87907
under section 4503.04 of the Revised Code and any motor vehicle	87908
tax levied under Chapter 4504. of the Revised Code, and the	87909
payment of a service fee equal to the amount specified in division	87910
(D) or (G) of section 4503.10 of the Revised Code.	87911

(D)(1) Upon receipt of a completed and signed application for	87912
a removable windshield placard, a prescription as described in	87913
division (B) of this section, documentary evidence of regular	87914
transport of persons with disabilities that limit or impair the	87915
ability to walk, if required, and payment of a service fee equal	87916
to the amount specified in division (D) or (G) of section 4503.10	87917
of the Revised Code, the registrar or deputy registrar shall issue	87918
to the applicant a removable windshield placard, which shall bear	87919
the date of expiration on both sides of the placard and shall be	87920
valid until expired, revoked, or surrendered. Every removable	87921
windshield placard expires as described in division (D)(2) of this	87922
section, but in no case shall a removable windshield placard be	87923
valid for a period of less than sixty days. Removable windshield	87924
placards shall be renewable upon application as provided in	87925
division (B) of this section, and a service fee equal to the	87926
amount specified in division (D) or (G) of section 4503.10 of the	87927
Revised Code shall be charged for the renewal of a removable	87928
windshield placard. The registrar shall provide the application	87929
form and shall determine the information to be included thereon.	87930
The registrar also shall determine the form and size of the	87931
removable windshield placard, the material of which it is to be	87932
made, and any other information to be included thereon, and shall	87933
adopt rules relating to the issuance, expiration, revocation,	87934
surrender, and proper display of such placards. Any placard issued	87935
after October 14, 1999, shall be manufactured in a manner that	87936
allows the expiration date of the placard to be indicated on it	87937
through the punching, drilling, boring, or creation by any other	87938
means of holes in the placard.	87939

(2) At the time a removable windshield placard is issued to a	87940
person with a disability that limits or impairs the ability to	87941
walk, the registrar or deputy registrar shall enter into the	87942
records of the bureau of motor vehicles the last date on which the	87943
person will have that disability, as indicated on the accompanying	87944
prescription. Not less than thirty days prior to that date and all	87945
removable windshield placard renewal dates, the bureau shall send	87946
a renewal notice to that person at the person's last known address	87947
as shown in the records of the bureau, informing the person that	87948
the person's removable windshield placard will expire on the	87949
indicated date not to exceed five years from the date of issuance,	87950
and that the person is required to renew the placard by submitting	87951
to the registrar or a deputy registrar another prescription, as	87952
described in division (B) of this section, and by complying with	87953
the renewal provisions prescribed in division (D)(1) of this	87954
section. If such a prescription is not received by the registrar	87955
or a deputy registrar by that date, the placard issued to that	87956
person expires and no longer is valid, and this fact shall be	87957
recorded in the records of the bureau.	87958

(3) At least once every year, on a date determined by the	87959
registrar, the bureau shall examine the records of the office of	87960
vital statistics, located within the department of health, that	87961
pertain to deceased persons, and also the bureau's records of all	87962
persons who have been issued removable windshield placards and	87963
temporary removable windshield placards. If the records of the	87964
office of vital statistics indicate that a person to whom a	87965
removable windshield placard or temporary removable windshield	87966
placard has been issued is deceased, the bureau shall cancel that	87967
placard, and note the cancellation in its records.	87968

The office of vital statistics shall make available to the	87969
bureau all information necessary to enable the bureau to comply	87970
with division (D)(3) of this section.	87971

(4) Nothing in this section shall be construed to require a	87972
person or organization to apply for a removable windshield placard	87973
or special license plates if the parking card or special license	87974
plates issued to the person or organization under prior law have	87975
not expired or been surrendered or revoked.	87976

(E)(1)(a) Any person with a disability that limits or impairs	87977
the ability to walk may apply to the registrar or a deputy	87978
registrar for a temporary removable windshield placard. The	87979
application for a temporary removable windshield placard shall be	87980
accompanied by a prescription from the applicant's health care	87981
provider prescribing such a placard for the applicant, provided	87982
that the applicant meets at least one of the criteria contained in	87983
division (A)(1) of this section and that the disability is	87984
expected to continue for six consecutive months or less. The	87985
health care provider shall state on the prescription the length of	87986
time the health care provider expects the applicant to have the	87987
disability that limits or impairs the applicant's ability to walk,	87988
which cannot exceed six months from the date of the prescription.	87989
Upon receipt of an application for a temporary removable	87990
windshield placard, presentation of the prescription from the	87991
applicant's health care provider, and payment of a service fee	87992
equal to the amount specified in division (D) or (G) of section	87993
4503.10 of the Revised Code, the registrar or deputy registrar	87994
shall issue to the applicant a temporary removable windshield	87995
placard.	87996

(b) Any active-duty member of the armed forces of the United	87997
States, including the reserve components of the armed forces and	87998
the national guard, who has an illness or injury that limits or	87999
impairs the ability to walk may apply to the registrar or a deputy	88000
registrar for a temporary removable windshield placard. With the	88001
application, the person shall present evidence of the person's	88002
active-duty status and the illness or injury. Evidence of the	88003
illness or injury may include a current department of defense	88004
convalescent leave statement, any department of defense document	88005
indicating that the person currently has an ill or injured	88006
casualty status or has limited duties, or a prescription from any	88007
health care provider prescribing the placard for the applicant.	88008
Upon receipt of the application and the necessary evidence, the	88009
registrar or deputy registrar shall issue the applicant the	88010
temporary removable windshield placard without the payment of any	88011
service fee.	88012

(2) The temporary removable windshield placard shall be of	88013
the same size and form as the removable windshield placard, shall	88014
be printed in white on a red-colored background, and shall bear	88015
the word "temporary" in letters of such size as the registrar	88016
shall prescribe. A temporary removable windshield placard also	88017
shall bear the date of expiration on the front and back of the	88018
placard, and shall be valid until expired, surrendered, or	88019
revoked, but in no case shall such a placard be valid for a period	88020
of less than sixty days. The registrar shall provide the	88021
application form and shall determine the information to be	88022
included on it, provided that the registrar shall not require a	88023
health care provider's prescription or certification for a person	88024
applying under division (E)(1)(b) of this section. The registrar	88025
also shall determine the material of which the temporary removable	88026
windshield placard is to be made and any other information to be	88027
included on the placard and shall adopt rules relating to the	88028
issuance, expiration, surrender, revocation, and proper display of	88029
those placards. Any temporary removable windshield placard issued	88030
after October 14, 1999, shall be manufactured in a manner that	88031
allows for the expiration date of the placard to be indicated on	88032
it through the punching, drilling, boring, or creation by any	88033
other means of holes in the placard.	88034

(F) If an applicant for a removable windshield placard is a	88035
veteran of the armed forces of the United States whose disability,	88036
as defined in division (A)(1) of this section, is	88037
service-connected, the registrar or deputy registrar, upon receipt	88038
of the application, presentation of a signed statement from the	88039
applicant's health care provider certifying the applicant's	88040
disability, and presentation of such documentary evidence from the	88041
department of veterans affairs that the disability of the	88042
applicant meets at least one of the criteria identified in	88043
division (A)(1) of this section and is service-connected as the	88044
registrar may require by rule, but without the payment of any	88045
service fee, shall issue the applicant a removable windshield	88046
placard that is valid until expired, surrendered, or revoked.	88047

(G) Upon a conviction of a violation of division (I), (J), or	88048
(K) of this section, the court shall report the conviction, and	88049
send the placard or parking card, if available, to the registrar,	88050
who thereupon shall revoke the privilege of using the placard or	88051
parking card and send notice in writing to the placardholder or	88052
cardholder at that holder's last known address as shown in the	88053
records of the bureau, and the placardholder or cardholder shall	88054
return the placard or card if not previously surrendered to the	88055
court, to the registrar within ten days following mailing of the	88056
notice.	88057

Whenever a person to whom a removable windshield placard or	88058
parking card has been issued moves to another state, the person	88059
shall surrender the placard or card to the registrar; and whenever	88060
an organization to which a placard or card has been issued changes	88061
its place of operation to another state, the organization shall	88062
surrender the placard or card to the registrar.	88063

(H) Subject to division (F) of section 4511.69 of the Revised	88064
Code, the operator of a motor vehicle displaying a removable	88065
windshield placard, temporary removable windshield placard,	88066
parking card, or the special license plates authorized by this	88067
section is entitled to park the motor vehicle in any special	88068
parking location reserved for persons with disabilities that limit	88069
or impair the ability to walk, also known as handicapped parking	88070
spaces or disability parking spaces.	88071

(I) No person or organization that is not eligible under	88072
division (B) or (E) of this section shall willfully and falsely	88073
represent that the person or organization is so eligible.	88074

No person or organization shall display license plates issued	88075
under this section unless the license plates have been issued for	88076
the vehicle on which they are displayed and are valid.	88077

(J) No person or organization to which a removable windshield	88078
placard or temporary removable windshield placard is issued shall	88079
do either of the following:	88080

(1) Display or permit the display of the placard on any motor	88081
vehicle when having reasonable cause to believe the motor vehicle	88082
is being used in connection with an activity that does not include	88083
providing transportation for persons with disabilities that limit	88084
or impair the ability to walk;	88085

(2) Refuse to return or surrender the placard, when required.

88086

(K)(1) No person or organization to which a parking card is	88087
issued shall do either of the following:	88088

(a) Display or permit the display of the parking card on any	88089
motor vehicle when having reasonable cause to believe the motor	88090
vehicle is being used in connection with an activity that does not	88091
include providing transportation for a ~~handicapped~~ person with a	88092
disability;	88093

(b) Refuse to return or surrender the parking card, when	88094
required.	88095

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

88096

(a) "~~Handicapped person~~Person with a disability" means any	88097
person who has lost the use of one or both legs or one or both	88098
arms, who is blind, deaf, or so severely ~~handicapped~~disabled as	88099
to be unable to move about without the aid of crutches or a	88100
wheelchair, or whose mobility is restricted by a permanent	88101
cardiovascular, pulmonary, or other ~~handicapping~~disabling	88102
condition.	88103

(b) "Organization" means any private organization or	88104
corporation, or any governmental board, agency, department,	88105
division, or office, that, as part of its business or program,	88106
transports ~~handicapped~~ persons with disabilities on a regular	88107
basis in a motor vehicle that has not been altered for the	88108
purposes of providing it with special equipment for use by	88109
~~handicapped~~ persons with disabilities.	88110

(L) If a removable windshield placard, temporary removable	88111
windshield placard, or parking card is lost, destroyed, or	88112
mutilated, the placardholder or cardholder may obtain a duplicate	88113
by doing both of the following:	88114

(1) Furnishing suitable proof of the loss, destruction, or	88115
mutilation to the registrar;	88116

(2) Paying a service fee equal to the amount specified in	88117
division (D) or (G) of section 4503.10 of the Revised Code.	88118

Any placardholder or cardholder who loses a placard or card	88119
and, after obtaining a duplicate, finds the original, immediately	88120
shall surrender the original placard or card to the registrar.	88121

(M) The registrar shall pay all fees received under this	88122
section for the issuance of removable windshield placards or	88123
temporary removable windshield placards or duplicate removable	88124
windshield placards or cards into the state treasury to the credit	88125
of the state bureau of motor vehicles fund created in section	88126
4501.25 of the Revised Code.	88127

(N) In addition to the fees collected under this section, the	88128
registrar or deputy registrar shall ask each person applying for a	88129
removable windshield placard or temporary removable windshield	88130
placard or duplicate removable windshield placard or license plate	88131
issued under this section, whether the person wishes to make a	88132
two-dollar voluntary contribution to support rehabilitation	88133
employment services. The registrar shall transmit the	88134
contributions received under this division to the treasurer of	88135
state for deposit into the rehabilitation employment fund, which	88136
is hereby created in the state treasury. A deputy registrar shall	88137
transmit the contributions received under this division to the	88138
registrar in the time and manner prescribed by the registrar. The	88139
contributions in the fund shall be used by the ~~rehabilitation~~	88140
~~services commission~~opportunities for Ohioans with disabilities	88141
agency to purchase services related to vocational evaluation, work	88142
adjustment, personal adjustment, job placement, job coaching, and	88143
community-based assessment from accredited community	88144
rehabilitation program facilities.	88145

(O) For purposes of enforcing this section, every peace	88146
officer is deemed to be an agent of the registrar. Any peace	88147
officer or any authorized employee of the bureau of motor vehicles	88148
who, in the performance of duties authorized by law, becomes aware	88149
of a person whose placard or parking card has been revoked	88150
pursuant to this section, may confiscate that placard or parking	88151
card and return it to the registrar. The registrar shall prescribe	88152
any forms used by law enforcement agencies in administering this	88153
section.	88154

No peace officer, law enforcement agency employing a peace	88155
officer, or political subdivision or governmental agency employing	88156
a peace officer, and no employee of the bureau is liable in a	88157
civil action for damages or loss to persons arising out of the	88158
performance of any duty required or authorized by this section. As	88159
used in this division, "peace officer" has the same meaning as in	88160
division (B) of section 2935.01 of the Revised Code.	88161

(P) All applications for registration of motor vehicles,	88162
removable windshield placards, and temporary removable windshield	88163
placards issued under this section, all renewal notices for such	88164
items, and all other publications issued by the bureau that relate	88165
to this section shall set forth the criminal penalties that may be	88166
imposed upon a person who violates any provision relating to	88167
special license plates issued under this section, the parking of	88168
vehicles displaying such license plates, and the issuance,	88169
procurement, use, and display of removable windshield placards and	88170
temporary removable windshield placards issued under this section.	88171

(Q) Whoever violates this section is guilty of a misdemeanor	88172
of the fourth degree.	88173

Sec. 4503.524. (A) The owner or lessee of any passenger car,	88174
noncommercial motor vehicle, recreational vehicle, or other	88175
vehicle of a class approved by the registrar of motor vehicles may	88176
apply to the registrar for the registration of the vehicle and	88177
issuance of "Massillon tiger football booster club" license	88178
plates. The application for "Massillon tiger football booster	88179
club" license plates may be combined with a request for a special	88180
reserved license plate under section 4503.40 or 4503.42 of the	88181
Revised Code. Upon receipt of the completed application and	88182
compliance with division (B) of this section, the registrar shall	88183
issue to the applicant the appropriate vehicle registration and a	88184
set of "Massillon tiger football booster club" license plates with	88185
a validation sticker or a validation sticker alone when required	88186
by section 4503.191 of the Revised Code. In addition to the	88187
letters and numbers ordinarily inscribed thereon, "Massillon tiger	88188
football booster club" license plates shall be inscribed with	88189
words and markings selected and designed by the Massillon tiger	88190
football booster club and approved by the registrar. "Massillon	88191
tiger football booster club" license plates shall bear county	88192
identification stickers that identify the county of registration	88193
by name or number.	88194

(B) "Massillon tiger football booster club" license plates	88195
and validation stickers shall be issued upon payment of the	88196
regular license tax as prescribed under section 4503.04 of the	88197
Revised Code, any applicable motor vehicle tax levied under	88198
Chapter 4504. of the Revised Code, a bureau of motor vehicles	88199
administrative fee of ten dollars, the contribution specified in	88200
division (C) of this section, and compliance with all other	88201
applicable laws relating to the registration of motor vehicles. If	88202
the application for "Massillon tiger football booster club"	88203
license plates is combined with a request for a special reserved	88204
license plate under section 4503.40 or 4503.42 of the Revised	88205
Code, the license plates and validation sticker shall be issued	88206
upon payment of the contribution, fees, and taxes contained in	88207
this division and the additional fee prescribed under section	88208
4503.40 or 4503.42 of the Revised Code.	88209

(C) For each application for registration and registration	88210
renewal submitted under this section, the registrar shall collect	88211
a contribution of twenty-five dollars. The registrar shall	88212
transmit this contribution to the treasurer of state for deposit	88213
into the license plate contribution fund created in section	88214
4501.21 of the Revised Code.	88215

The registrar shall deposit the ten-dollar bureau	88216
administrative fee, the purpose of which is to compensate the	88217
bureau for additional services required in issuing "Massillon	88218
tiger football booster club" license plates, into the state bureau	88219
of motor vehicles fund created in section 4501.25 of the Revised	88220
Code.	88221

Sec. 4503.526. (A) The owner or lessee of any passenger car,	88222
noncommercial motor vehicle, recreational vehicle, or other	88223
vehicle of a class approved by the registrar of motor vehicles may	88224
apply to the registrar for the registration of the vehicle and	88225
issuance of Kiwanis club license plates. The application for	88226
Kiwanis club license plates may be combined with a request for a	88227
special reserved license plate under section 4503.40 or 4503.42 of	88228
the Revised Code. Upon receipt of the completed application and	88229
compliance with division (B) of this section, the registrar shall	88230
issue to the applicant the appropriate vehicle registration and a	88231
set of Kiwanis club license plates with a validation sticker or a	88232
validation sticker alone when required by section 4503.191 of the	88233
Revised Code.	88234

In addition to the letters and numbers ordinarily inscribed	88235
thereon, Kiwanis club license plates shall be inscribed with words	88236
and markings selected and designed by the Ohio district of Kiwanis	88237
international. The registrar shall approve the final design.	88238
Kiwanis club license plates shall bear county identification	88239
stickers that identify the county of registration by name or	88240
number.	88241

(B) Kiwanis club license plates and validation stickers shall	88242
be issued upon payment of the regular license tax as prescribed	88243
under section 4503.04 of the Revised Code, any applicable motor	88244
vehicle tax levied under Chapter 4504. of the Revised Code, a	88245
bureau of motor vehicles administrative fee of ten dollars, the	88246
contribution specified under division (C) of this section, and	88247
compliance with all other applicable laws relating to the	88248
registration of motor vehicles. If the application for Kiwanis	88249
club license plates is combined with a request for a special	88250
reserved license plate under section 4503.40 or 4503.42 of the	88251
Revised Code, the license plates and validation sticker shall be	88252
issued upon payment of the fees and taxes contained in this	88253
division and the additional fee prescribed by section 4503.40 or	88254
4503.42 of the Revised Code.	88255

(C) For each application for registration and registration	88256
renewal received under this section, the registrar shall collect a	88257
contribution of twenty-five dollars. The registrar shall pay this	88258
contribution into the state treasury to the credit of the license	88259
plate contribution fund created in section 4501.21 of the Revised	88260
Code.	88261

The registrar shall deposit the ten-dollar bureau	88262
administrative fee, the purpose of which is to compensate the	88263
bureau for the additional services required in issuing Kiwanis	88264
club license plates, into the state treasury to the credit of the	88265
state bureau of motor vehicles fund created in section 4501.25 of	88266
the Revised Code.	88267

Sec. 4503.62. (A) Application for the registration of an	88268
apportionable vehicle shall be made to the registrar of motor	88269
vehicles in accordance with division (J) of section 4503.10 of the	88270
Revised Code.	88271

(B) Any person applying to register a vehicle or combination	88272
vehicle that has a gross vehicle weight of twenty-six thousand	88273
pounds or less or two axles, or that is a bus used in charter	88274
party service, also may register the vehicle in accordance with	88275
division (J) of section 4503.10 of the Revised Code if the vehicle	88276
is used or intended for use in two or more international	88277
registration plan member jurisdictions.	88278

(C) No later than December 31, 2011, the registrar shall	88279
adopt rules under Chapter 119. of the Revised Code to establish a	88280
program to accept applications for vehicle registration	88281
transactions of apportionable vehicles electronically over the	88282
internet. The program also may provide for vehicle registration	88283
transactions of nonapportionable commercial motor vehicles over	88284
the internet.	88285

(D) The internet registration program shall provide an option	88286
for the payment of all registration taxes and fees by use of a	88287
financial transaction device. In providing for payment by the use	88288
of a financial transaction device, the registrar ~~may, but is not~~	88289
~~required to,~~shall comply with section 113.40 of the Revised Code.	88290
~~The registrar, with the approval of the director of public safety,~~	88291
~~may contract with a third party to accept and process payments~~	88292
~~made by use of a financial transaction device on behalf of the~~	88293
~~bureau of motor vehicles.~~ All fees associated with payment by use	88294
of a financial transaction device shall be borne by the applicants	88295
seeking the registration of apportionable or other vehicles under	88296
the program established pursuant to division (C) of this section.	88297
The bureau shall not pay any costs, and shall not retain any	88298
additional fees, associated with the use of a financial	88299
transaction device.	88300

(E) As used in this section, "financial transaction device"	88301
has the same meaning as in section 113.40 of the Revised Code.	88302

Sec. 4503.732. (A) The owner or lessee of any passenger car,	88303
noncommercial motor vehicle, recreational vehicle, or other	88304
vehicle of a class approved by the registrar of motor vehicles may	88305
apply to the registrar for the registration of the vehicle and	88306
issuance of "Truth, Justice, and the American Way" license plates.	88307
The application may be combined with a request for a special	88308
reserved license plate under section 4503.40 or 4503.42 of the	88309
Revised Code. Upon receipt of an application for registration of a	88310
motor vehicle under this section, the registrar shall issue to the	88311
applicant the appropriate motor vehicle registration and a set of	88312
"Truth, Justice, and the American Way" license plates and a	88313
validation sticker, or a validation sticker alone when required by	88314
section 4503.191 of the Revised Code.	88315

In addition to the letters and numbers ordinarily inscribed	88316
on the license plates, "Truth, Justice, and the American Way"	88317
license plates shall be inscribed with the words "Truth, Justice,	88318
and the American Way" and a design, logo, or marking selected by	88319
the entity that owns the Superman name. The registrar shall	88320
approve the final design after entering into a license agreement	88321
with that entity for appropriate use of the Superman name and	88322
associated logo or marking, as applicable. The license plates	88323
shall bear county identification stickers that identify the county	88324
of registration by name or number.	88325

(B) "Truth, Justice, and the American Way" license plates and	88326
validation stickers shall be issued upon receipt of a contribution	88327
as provided in division (C)(1) of this section and upon payment of	88328
the regular license tax as prescribed under section 4503.04 of the	88329
Revised Code, any applicable motor vehicle license tax levied	88330
under Chapter 4504. of the Revised Code, and a bureau of motor	88331
vehicles administrative fee of ten dollars. The applicant shall	88332
comply with all other applicable laws relating to the registration	88333
of motor vehicles. If the application for "Truth, Justice, and the	88334
American Way" license plates is combined with a request for a	88335
special reserved license plate under section 4503.40 or 4503.42 of	88336
the Revised Code, the license plates and validation sticker shall	88337
be issued upon payment of the fees and taxes specified in this	88338
division and the additional fee prescribed under section 4503.40	88339
or 4503.42 of the Revised Code.	88340

(C)(1) For each application for registration and registration	88341
renewal notice the registrar receives under this section, the	88342
registrar shall collect a contribution of ten dollars. The	88343
registrar shall pay this contribution into the state treasury to	88344
the credit of the license plate contribution fund created in	88345
section 4501.21 of the Revised Code.	88346

(2) The registrar shall pay into the state treasury the	88347
ten-dollar bureau administrative fee, the purpose of which is to	88348
compensate the bureau for additional services required in issuing	88349
"Truth, Justice, and the American Way" license plates, to the	88350
credit of the state bureau of motor vehicles fund created in	88351
section 4501.25 of Revised Code.	88352

Sec. 4503.95. (A) The owner or lessee of any passenger car,	88353
noncommercial motor vehicle, recreational vehicle, or other	88354
vehicle of a class approved by the registrar of motor vehicles may	88355
apply to the registrar for the registration of the vehicle and	88356
issuance of "Ohio history" license plates. The application for	88357
"Ohio history" license plates may be combined with a request for a	88358
special reserved license plate under section 4503.40 or 4503.42 of	88359
the Revised Code. Upon receipt of the completed application and	88360
compliance with division (B) of this section, the registrar shall	88361
issue to the applicant the appropriate vehicle registration and a	88362
set of "Ohio history" license plates with a validation sticker or	88363
a validation sticker alone when required by section 4503.191 of	88364
the Revised Code. In addition to the letters and numbers	88365
ordinarily inscribed thereon, "Ohio history" license plates shall	88366
be inscribed with words and markings selected and designed by the	88367
Ohio historical society and approved by the registrar. "Ohio	88368
history" license plates shall bear county identification stickers	88369
that identify the county of registration by name or number.	88370

(B) "Ohio history" license plates and validation stickers	88371
shall be issued upon payment of the regular license tax as	88372
prescribed under section 4503.04 of the Revised Code, any	88373
applicable motor vehicle tax levied under Chapter 4504. of the	88374
Revised Code, a bureau of motor vehicles administrative fee of ten	88375
dollars, the contribution specified in division (C) of this	88376
section, and compliance with all other applicable laws relating to	88377
the registration of motor vehicles. If the application for "Ohio	88378
history" license plates is combined with a request for a special	88379
reserved license plate under section 4503.40 or 4503.42 of the	88380
Revised Code, the license plates and validation sticker shall be	88381
issued upon payment of the contribution, fees, and taxes contained	88382
in this division and the additional fee prescribed under section	88383
4503.40 or 4503.42 of the Revised Code.	88384

(C) For each application for registration and registration	88385
renewal submitted under this section, the registrar shall collect	88386
a contribution of twenty dollars. The registrar shall transmit	88387
this contribution to the treasurer of state for deposit in the	88388
Ohio history license plate contribution fund created in section	88389
149.307 of the Revised Code.	88390

The registrar shall deposit the ten-dollar bureau	88391
administrative fee, the purpose of which is to compensate the	88392
bureau for additional services required in issuing "Ohio history"	88393
license plates, in the state bureau of motor vehicles fund created	88394
in section 4501.25 of the Revised Code.	88395

Sec. 4503.96. (A) The owner or lessee of any passenger car,	88396
noncommercial motor vehicle, recreational vehicle, or other	88397
vehicle of a class approved by the registrar of motor vehicles may	88398
apply to the registrar for the registration of the vehicle and	88399
issuance of Ohio coal license plates. An application made under	88400
this section may be combined with a request for a special reserved	88401
license plate under section 4503.40 or 4503.42 of the Revised	88402
Code. Upon receipt of the completed application and compliance by	88403
the applicant with divisions (B) and (C) of this section, the	88404
registrar shall issue to the applicant the appropriate vehicle	88405
registration and a set of Ohio coal license plates and a	88406
validation sticker, or a validation sticker alone when required by	88407
section 4503.191 of the Revised Code.	88408

In addition to the letters and numbers ordinarily inscribed	88409
on the license plates, Ohio coal license plates shall be inscribed	88410
with identifying words or markings that are designed by the Ohio	88411
coal association and approved by the registrar. Ohio coal license	88412
plates shall display county identification stickers that identify	88413
the county of registration by name or number.	88414

(B) Ohio coal license plates and validation stickers shall be	88415
issued upon payment of the regular license tax as prescribed under	88416
section 4503.04 of the Revised Code, any applicable motor vehicle	88417
license tax levied under Chapter 4504. of the Revised Code, and a	88418
bureau of motor vehicles administrative fee of ten dollars. The	88419
applicant shall comply with all other applicable laws relating to	88420
the registration of motor vehicles. If the application for Ohio	88421
coal license plates is combined with a request for a special	88422
reserved license plate under section 4503.40 or 4503.42 of the	88423
Revised Code, the license plates and validation sticker shall be	88424
issued upon payment of the fees and taxes specified in this	88425
division and the additional fee prescribed under section 4503.40	88426
or 4503.42 of the Revised Code.	88427

(C) The registrar shall deposit into the state treasury the	88428
ten-dollar bureau administrative fee, the purpose of which is to	88429
compensate the bureau for additional services required in issuing	88430
Ohio coal license plates, to the credit of the state bureau of	88431
motor vehicles fund created in section 4501.25 of Revised Code.	88432

Sec. 4505.02. The registrar of motor vehicles shall issue	88433
rules as the registrar determines necessary to ensure uniform and	88434
orderly operation of this chapter and to ensure that the	88435
identification of each applicant for a certificate of title is	88436
reasonably accurate. The clerks of the courts of common pleas	88437
shall conform thereto. The clerks shall provide the forms as	88438
prescribed by the registrar, except the manufacturers' or	88439
importers' certificates. The clerks shall provide, from moneys in	88440
the automated title processing fund, certificates of title and	88441
ribbons, cartridges, or other devices necessary for the operation	88442
of the certificate of title processing equipment as determined by	88443
the automated title processing board pursuant to division (C) of	88444
section 4505.09 of the Revised Code. All other automated title	88445
processing system supplies shall be provided by the clerks.	88446

If it appears that any certificate of title has been	88447
improperly issued, the registrar shall cancel the certificate.	88448
Upon the cancellation of any certificate of title, the registrar	88449
shall notify the clerk who issued it, and the clerk thereupon	88450
shall enter the cancellation upon the clerk's records. The	88451
registrar also shall notify the person to whom such certificate of	88452
title was issued, as well as any lienholders appearing thereon, of	88453
the cancellation and shall demand the surrender of the certificate	88454
of title immediately, but the cancellation shall not affect the	88455
validity of any lien noted thereon. The holder of such certificate	88456
of title immediately shall return it to the registrar. If a	88457
certificate of registration has been issued to the holder of a	88458
certificate of title so canceled the registrar immediately shall	88459
cancel it and demand the return of such certificate of	88460
registration and license plates, and the holder of such	88461
certificate of registration and license plates shall return the	88462
same to the registrar forthwith. The clerks shall keep on hand a	88463
sufficient supply of blank forms, which, except for certificate of	88464
title and memorandum certificate forms, shall be furnished and	88465
distributed without charge to registered manufacturers or dealers,	88466
or other persons residing within the county.	88467

Sec. 4505.09. (A)(1) The clerk of a court of common pleas	88468
shall charge and retain fees as follows:	88469

(a) Five dollars for each certificate of title that is not	88470
applied for within thirty days after the later of the assignment	88471
or delivery of the motor vehicle described in it. The entire fee	88472
shall be retained by the clerk.	88473

(b) Fifteen dollars for each certificate of title or	88474
duplicate certificate of title including the issuance of a	88475
memorandum certificate of title, or authorization to print a	88476
non-negotiable evidence of ownership described in division (G) of	88477
section 4505.08 of the Revised Code, non-negotiable evidence of	88478
ownership printed by the clerk under division (H) of that section,	88479
and notation of any lien on a certificate of title that is applied	88480
for at the same time as the certificate of title. The clerk shall	88481
retain eleven dollars and fifty cents of that fee for each	88482
certificate of title when there is a notation of a lien or	88483
security interest on the certificate of title, twelve dollars and	88484
twenty-five cents when there is no lien or security interest noted	88485
on the certificate of title, and eleven dollars and fifty cents	88486
for each duplicate certificate of title.	88487

(c) Four dollars and fifty cents for each certificate of	88488
title with no security interest noted that is issued to a licensed	88489
motor vehicle dealer for resale purposes and, in addition, a	88490
separate fee of fifty cents. The clerk shall retain two dollars	88491
and twenty-five cents of that fee.	88492

(d) Five dollars for each memorandum certificate of title or	88493
non-negotiable evidence of ownership that is applied for	88494
separately. The clerk shall retain that entire fee.	88495

(2) The fees that are not retained by the clerk shall be paid	88496
to the registrar of motor vehicles by monthly returns, which shall	88497
be forwarded to the registrar not later than the fifth day of the	88498
month next succeeding that in which the certificate is issued or	88499
that in which the registrar is notified of a lien or cancellation	88500
of a lien.	88501

(B)(1) The registrar shall pay twenty-five cents of the	88502
amount received for each certificate of title issued to a motor	88503
vehicle dealer for resale, one dollar for certificates of title	88504
issued with a lien or security interest noted on the certificate	88505
of title, and twenty-five cents for each certificate of title with	88506
no lien or security interest noted on the certificate of title	88507
into the state bureau of motor vehicles fund established in	88508
section 4501.25 of the Revised Code.	88509

(2) Fifty cents of the amount received for each certificate	88510
of title shall be paid by the registrar as follows:	88511

(a) Four cents shall be paid into the state treasury to the	88512
credit of the motor vehicle dealers board fund, which is hereby	88513
created. All investment earnings of the fund shall be credited to	88514
the fund. The moneys in the motor vehicle dealers board fund shall	88515
be used by the motor vehicle dealers board created under section	88516
4517.30 of the Revised Code, together with other moneys	88517
appropriated to it, in the exercise of its powers and the	88518
performance of its duties under Chapter 4517. of the Revised Code,	88519
except that the director of budget and management may transfer	88520
excess money from the motor vehicle dealers board fund to the	88521
bureau of motor vehicles fund if the registrar determines that the	88522
amount of money in the motor vehicle dealers board fund, together	88523
with other moneys appropriated to the board, exceeds the amount	88524
required for the exercise of its powers and the performance of its	88525
duties under Chapter 4517. of the Revised Code and requests the	88526
director to make the transfer.	88527

(b) Twenty-one cents shall be paid into the highway operating	88528
fund.	88529

(c) Twenty-five cents shall be paid into the state treasury	88530
to the credit of the motor vehicle sales audit fund, which is	88531
hereby created. The moneys in the fund shall be used by the tax	88532
commissioner together with other funds available to the	88533
commissioner to conduct a continuing investigation of sales and	88534
use tax returns filed for motor vehicles in order to determine if	88535
sales and use tax liability has been satisfied. The commissioner	88536
shall refer cases of apparent violations of section 2921.13 of the	88537
Revised Code made in connection with the titling or sale of a	88538
motor vehicle and cases of any other apparent violations of the	88539
sales or use tax law to the appropriate county prosecutor whenever	88540
the commissioner considers it advisable.	88541

(3) Two dollars of the amount received by the registrar under	88542
divisions (A)(1)(a), (b), and (d) of this section and one dollar	88543
and fifty cents of the amount received by the registrar under	88544
division (A)(1)(c) of this section for each certificate of title	88545
shall be paid into the state treasury to the credit of the	88546
automated title processing fund, which is hereby created and which	88547
shall consist of moneys collected under division (B)(3) of this	88548
section and under sections 1548.10 and 4519.59 of the Revised	88549
Code. All investment earnings of the fund shall be credited to the	88550
fund. The moneys in the fund shall be used as follows:	88551

(a) Except for moneys collected under section 1548.10 of the	88552
Revised Code and as provided in division (B)(3)(c) of this	88553
section, moneys collected under division (B)(3) of this section	88554
shall be used to implement and maintain an automated title	88555
processing system for the issuance of motor vehicle, off-highway	88556
motorcycle, and all-purpose vehicle certificates of title in the	88557
offices of the clerks of the courts of common pleas.	88558

(b) Moneys collected under section 1548.10 of the Revised	88559
Code shall be used to issue marine certificates of title in the	88560
offices of the clerks of the courts of common pleas as provided in	88561
Chapter 1548. of the Revised Code.	88562

(c) Moneys collected under division (B)(3) of this section	88563
shall be used in accordance with section 4505.25 of the Revised	88564
Code to implement Sub. S.B. 59 of the 124th general assembly.	88565

(4) The registrar shall pay the fifty-cent separate fee	88566
collected from a licensed motor vehicle dealer under division	88567
(A)(1)(c) of this section into the title defect recision fund	88568
created by section 1345.52 of the Revised Code.	88569

(C)(1) The automated title processing board is hereby created	88570
consisting of the registrar or the registrar's representative, a	88571
person selected by the registrar, the president of the Ohio clerks	88572
of court association or the president's representative, and two	88573
clerks of courts of common pleas appointed by the governor. The	88574
director of budget and management or the director's designee, the	88575
chief of the division of watercraft in the department of natural	88576
resources or the chief's designee, and the tax commissioner or the	88577
commissioner's designee shall be nonvoting members of the board.	88578
The purpose of the board is to facilitate the operation and	88579
maintenance of an automated title processing system and approve	88580
the procurement of automated title processing system equipment and	88581
ribbons, cartridges, or other devices necessary for the operation	88582
of that equipment. Voting members of the board, excluding the	88583
registrar or the registrar's representative, shall serve without	88584
compensation, but shall be reimbursed for travel and other	88585
necessary expenses incurred in the conduct of their official	88586
duties. The registrar or the registrar's representative shall	88587
receive neither compensation nor reimbursement as a board member.	88588

(2) The automated title processing board shall determine each	88589
of the following:	88590

(a) The automated title processing equipment and certificates	88591
of title requirements for each county;	88592

(b) The payment of expenses that may be incurred by the	88593
counties in implementing an automated title processing system;	88594

(c) The repayment to the counties for existing title	88595
processing equipment.	88596

(3) The registrar shall purchase, lease, or otherwise acquire	88597
any automated title processing equipment and certificates of title	88598
that the board determines are necessary from moneys in the	88599
automated title processing fund established by division (B)(3) of	88600
this section.	88601

(D) All counties shall conform to the requirements of the	88602
registrar regarding the operation of their automated title	88603
processing system for motor vehicle titles, certificates of title	88604
for off-highway motorcycles and all-purpose vehicles, and	88605
certificates of title for watercraft and outboard motors.	88606

Sec. 4506.07. (A) Every application for a commercial	88607
driver's license, restricted commercial driver's license, or a	88608
commercial driver's temporary instruction permit, or a duplicate	88609
of such a license, shall be made upon a form approved and	88610
furnished by the registrar of motor vehicles. Except as provided	88611
in section 4506.24 of the Revised Code in regard to a restricted	88612
commercial driver's license, the application shall be signed by	88613
the applicant and shall contain the following information:	88614

(1) The applicant's name, date of birth, social security	88615
account number, sex, general description including height, weight,	88616
and color of hair and eyes, current residence, duration of	88617
residence in this state, country of citizenship, and occupation;	88618

(2) Whether the applicant previously has been licensed to	88619
operate a commercial motor vehicle or any other type of motor	88620
vehicle in another state or a foreign jurisdiction and, if so,	88621
when, by what state, and whether the license or driving privileges	88622
currently are suspended or revoked in any jurisdiction, or the	88623
applicant otherwise has been disqualified from operating a	88624
commercial motor vehicle, or is subject to an out-of-service order	88625
issued under this chapter or any similar law of another state or a	88626
foreign jurisdiction and, if so, the date of, locations involved,	88627
and reason for the suspension, revocation, disqualification, or	88628
out-of-service order;	88629

(3) Whether the applicant is afflicted with or suffering from	88630
any physical or mental disability or disease that prevents the	88631
applicant from exercising reasonable and ordinary control over a	88632
motor vehicle while operating it upon a highway or is or has been	88633
subject to any condition resulting in episodic impairment of	88634
consciousness or loss of muscular control and, if so, the nature	88635
and extent of the disability, disease, or condition, and the names	88636
and addresses of the physicians attending the applicant;	88637

(4) Whether the applicant has obtained a medical examiner's	88638
certificate as required by this chapter and, beginning January 30,	88639
2012, the applicant, prior to or at the time of applying, has	88640
self-certified to the registrar the applicable status of the	88641
applicant under division (A)(2) of section 4506.10 of the Revised	88642
Code;	88643

(5) Whether the applicant has pending a citation for	88644
violation of any motor vehicle law or ordinance except a parking	88645
violation and, if so, a description of the citation, the court	88646
having jurisdiction of the offense, and the date when the offense	88647
occurred;	88648

(6) ~~Whether~~If an applicant has not certified the applicant's	88649
willingness to make an anatomical gift under section 2108.05 of	88650
the Revised Code, whether the applicant wishes to certify	88651
willingness to make such an anatomical gift ~~under section 2108.05~~	88652
~~of the Revised Code~~, which shall be given no consideration in the	88653
issuance of a license;	88654

(7) On and after May 1, 1993, whether the applicant has	88655
executed a valid durable power of attorney for health care	88656
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	88657
executed a declaration governing the use or continuation, or the	88658
withholding or withdrawal, of life-sustaining treatment pursuant	88659
to sections 2133.01 to 2133.15 of the Revised Code and, if the	88660
applicant has executed either type of instrument, whether the	88661
applicant wishes the license issued to indicate that the applicant	88662
has executed the instrument;	88663

(8) On and after October 7, 2009, whether the applicant is a	88664
veteran, active duty, or reservist of the armed forces of the	88665
United States and, if the applicant is such, whether the applicant	88666
wishes the license issued to indicate that the applicant is a	88667
veteran, active duty, or reservist of the armed forces of the	88668
United States by a military designation on the license.	88669

(B) Every applicant shall certify, on a form approved and	88670
furnished by the registrar, all of the following:	88671

(1) That the motor vehicle in which the applicant intends to	88672
take the driving skills test is representative of the type of	88673
motor vehicle that the applicant expects to operate as a driver;	88674

(2) That the applicant is not subject to any disqualification	88675
or out-of-service order, or license suspension, revocation, or	88676
cancellation, under the laws of this state, of another state, or	88677
of a foreign jurisdiction and does not have more than one driver's	88678
license issued by this or another state or a foreign jurisdiction;	88679

(3) Any additional information, certification, or evidence	88680
that the registrar requires by rule in order to ensure that the	88681
issuance of a commercial driver's license to the applicant is in	88682
compliance with the law of this state and with federal law.	88683

(C) Every applicant shall execute a form, approved and	88684
furnished by the registrar, under which the applicant consents to	88685
the release by the registrar of information from the applicant's	88686
driving record.	88687

(D) The registrar or a deputy registrar, in accordance with	88688
section 3503.11 of the Revised Code, shall register as an elector	88689
any applicant for a commercial driver's license or for a renewal	88690
or duplicate of such a license under this chapter, if the	88691
applicant is eligible and wishes to be registered as an elector.	88692
The decision of an applicant whether to register as an elector	88693
shall be given no consideration in the decision of whether to	88694
issue the applicant a license or a renewal or duplicate.	88695

(E) The registrar or a deputy registrar, in accordance with	88696
section 3503.11 of the Revised Code, shall offer the opportunity	88697
of completing a notice of change of residence or change of name to	88698
any applicant for a commercial driver's license or for a renewal	88699
or duplicate of such a license who is a resident of this state, if	88700
the applicant is a registered elector who has changed the	88701
applicant's residence or name and has not filed such a notice.	88702

(F) In considering any application submitted pursuant to this	88703
section, the bureau of motor vehicles may conduct any inquiries	88704
necessary to ensure that issuance or renewal of a commercial	88705
driver's license would not violate any provision of the Revised	88706
Code or federal law.	88707

(G) In addition to any other information it contains, on and	88708
after October 7, 2009, the form approved and furnished by the	88709
registrar of motor vehicles for an application for a commercial	88710
driver's license, restricted commercial driver's license, or a	88711
commercial driver's temporary instruction permit or an application	88712
for a duplicate of such a license shall inform applicants that the	88713
applicant must present a copy of the applicant's DD-214 or an	88714
equivalent document in order to qualify to have the license or	88715
duplicate indicate that the applicant is a veteran, active duty,	88716
or reservist of the armed forces of the United States based on a	88717
request made pursuant to division (A)(8) of this section.	88718

Sec. 4507.06. (A)(1) Every application for a driver's	88719
license or motorcycle operator's license or endorsement, or	88720
duplicate of any such license or endorsement, shall be made upon	88721
the approved form furnished by the registrar of motor vehicles and	88722
shall be signed by the applicant.	88723

Every application shall state the following:

88724

(a) The applicant's name, date of birth, social security	88725
number if such has been assigned, sex, general description,	88726
including height, weight, color of hair, and eyes, residence	88727
address, including county of residence, duration of residence in	88728
this state, and country of citizenship;	88729

(b) Whether the applicant previously has been licensed as an	88730
operator, chauffeur, driver, commercial driver, or motorcycle	88731
operator and, if so, when, by what state, and whether such license	88732
is suspended or canceled at the present time and, if so, the date	88733
of and reason for the suspension or cancellation;	88734

(c) Whether the applicant is now or ever has been afflicted	88735
with epilepsy, or whether the applicant now is suffering from any	88736
physical or mental disability or disease and, if so, the nature	88737
and extent of the disability or disease, giving the names and	88738
addresses of physicians then or previously in attendance upon the	88739
applicant;	88740

(d) Whether an applicant for a duplicate driver's license, or	88741
duplicate license containing a motorcycle operator endorsement has	88742
pending a citation for violation of any motor vehicle law or	88743
ordinance, a description of any such citation pending, and the	88744
date of the citation;	88745

(e) ~~Whether~~If an applicant has not certified the applicant's	88746
willingness to make an anatomical gift under section 2108.05 of	88747
the Revised Code, whether the applicant wishes to certify	88748
willingness to make such an anatomical gift ~~under section 2108.05~~	88749
~~of the Revised Code~~, which shall be given no consideration in the	88750
issuance of a license or endorsement;	88751

(f) Whether the applicant has executed a valid durable power	88752
of attorney for health care pursuant to sections 1337.11 to	88753
1337.17 of the Revised Code or has executed a declaration	88754
governing the use or continuation, or the withholding or	88755
withdrawal, of life-sustaining treatment pursuant to sections	88756
2133.01 to 2133.15 of the Revised Code and, if the applicant has	88757
executed either type of instrument, whether the applicant wishes	88758
the applicant's license to indicate that the applicant has	88759
executed the instrument;	88760

(g) On and after October 7, 2009, whether the applicant is a	88761
veteran, active duty, or reservist of the armed forces of the	88762
United States and, if the applicant is such, whether the applicant	88763
wishes the applicant's license to indicate that the applicant is a	88764
veteran, active duty, or reservist of the armed forces of the	88765
United States by a military designation on the license.	88766

(2) Every applicant for a driver's license shall be	88767
photographed in color at the time the application for the license	88768
is made. The application shall state any additional information	88769
that the registrar requires.	88770

(B) The registrar or a deputy registrar, in accordance with	88771
section 3503.11 of the Revised Code, shall register as an elector	88772
any person who applies for a driver's license or motorcycle	88773
operator's license or endorsement under division (A) of this	88774
section, or for a renewal or duplicate of the license or	88775
endorsement, if the applicant is eligible and wishes to be	88776
registered as an elector. The decision of an applicant whether to	88777
register as an elector shall be given no consideration in the	88778
decision of whether to issue the applicant a license or	88779
endorsement, or a renewal or duplicate.	88780

(C) The registrar or a deputy registrar, in accordance with	88781
section 3503.11 of the Revised Code, shall offer the opportunity	88782
of completing a notice of change of residence or change of name to	88783
any applicant for a driver's license or endorsement under division	88784
(A) of this section, or for a renewal or duplicate of the license	88785
or endorsement, if the applicant is a registered elector who has	88786
changed the applicant's residence or name and has not filed such a	88787
notice.	88788

(D) In addition to any other information it contains, on and	88789
after October 7, 2009, the approved form furnished by the	88790
registrar of motor vehicles for an application for a driver's	88791
license or motorcycle operator's license or endorsement or an	88792
application for a duplicate of any such license or endorsement	88793
shall inform applicants that the applicant must present a copy of	88794
the applicant's DD-214 or an equivalent document in order to	88795
qualify to have the license or duplicate indicate that the	88796
applicant is a veteran, active duty, or reservist of the armed	88797
forces of the United States based on a request made pursuant to	88798
division (A)(1)(g) of this section.	88799

Sec. 4507.51. (A)(1) Every application for an identification	88800
card or duplicate shall be made on a form furnished by the	88801
registrar of motor vehicles, shall be signed by the applicant, and	88802
by the applicant's parent or guardian if the applicant is under	88803
eighteen years of age, and shall contain the following information	88804
pertaining to the applicant: name, date of birth, sex, general	88805
description including the applicant's height, weight, hair color,	88806
and eye color, address, and social security number. The	88807
application also shall ~~state~~include, for an applicant who has not	88808
already certified the applicant's willingness to make an	88809
anatomical gift under section 2108.05 of the Revised Code, whether	88810
anthe applicant wishes to certify willingness to make such an	88811
anatomical gift ~~under section 2108.05 of the Revised Code~~ and	88812
shall include information about the requirements of sections	88813
2108.01 to 2108.29 of the Revised Code that apply to persons who	88814
are less than eighteen years of age. The statement regarding	88815
willingness to make such a donation shall be given no	88816
consideration in the decision of whether to issue an	88817
identification card. Each applicant shall be photographed in color	88818
at the time of making application.	88819

(2)(a) The application also shall state whether the applicant	88820
has executed a valid durable power of attorney for health care	88821
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	88822
executed a declaration governing the use or continuation, or the	88823
withholding or withdrawal, of life-sustaining treatment pursuant	88824
to sections 2133.01 to 2133.15 of the Revised Code and, if the	88825
applicant has executed either type of instrument, whether the	88826
applicant wishes the identification card issued to indicate that	88827
the applicant has executed the instrument.	88828

(b) On and after October 7, 2009, the application also shall	88829
state whether the applicant is a veteran, active duty, or	88830
reservist of the armed forces of the United States and, if the	88831
applicant is such, whether the applicant wishes the identification	88832
card issued to indicate that the applicant is a veteran, active	88833
duty, or reservist of the armed forces of the United States by a	88834
military designation on the identification card.	88835

(3) The registrar or deputy registrar, in accordance with	88836
section 3503.11 of the Revised Code, shall register as an elector	88837
any person who applies for an identification card or duplicate if	88838
the applicant is eligible and wishes to be registered as an	88839
elector. The decision of an applicant whether to register as an	88840
elector shall be given no consideration in the decision of whether	88841
to issue the applicant an identification card or duplicate.	88842

(B) The application for an identification card or duplicate	88843
shall be filed in the office of the registrar or deputy registrar.	88844
Each applicant shall present documentary evidence as required by	88845
the registrar of the applicant's age and identity, and the	88846
applicant shall swear that all information given is true. An	88847
identification card issued by the department of rehabilitation and	88848
correction under section 5120.59 of the Revised Code or an	88849
identification card issued by the department of youth services	88850
under section 5139.511 of the Revised Code shall be sufficient	88851
documentary evidence under this division upon verification of the	88852
applicant's social security number by the registrar or a deputy	88853
registrar. Upon issuing an identification card under this section	88854
for a person who has been issued an identification card under	88855
section 5120.59 or section 5139.511 of the Revised Code, the	88856
registrar or deputy registrar shall destroy the identification	88857
card issued under section 5120.59 or section 5139.511 of the	88858
Revised Code.	88859

All applications for an identification card or duplicate	88860
shall be filed in duplicate, and if submitted to a deputy	88861
registrar, a copy shall be forwarded to the registrar. The	88862
registrar shall prescribe rules for the manner in which a deputy	88863
registrar is to file and maintain applications and other records.	88864
The registrar shall maintain a suitable, indexed record of all	88865
applications denied and cards issued or canceled.	88866

(C) In addition to any other information it contains, on and	88867
after the date that is fifteen months after April 7, 2009, the	88868
form furnished by the registrar of motor vehicles for an	88869
application for an identification card or duplicate shall inform	88870
applicants that the applicant must present a copy of the	88871
applicant's DD-214 or an equivalent document in order to qualify	88872
to have the card or duplicate indicate that the applicant is an	88873
honorably discharged veteran of the armed forces of the United	88874
States based on a request made pursuant to division (A)(2)(b) of	88875
this section.	88876

Sec. 4510.038. (A) Any person whose driver's or commercial	88877
driver's license or permit is suspended or who is granted limited	88878
driving privileges under section 4510.037, under division (H) of	88879
section 4511.19, or under section 4510.07 of the Revised Code for	88880
a violation of a municipal ordinance that is substantially	88881
equivalent to division (B) of section 4511.19 of the Revised Code	88882
is not eligible to retain the license, or to have the driving	88883
privileges reinstated, until each of the following has occurred:	88884

(1) The person successfully completes a course of remedial	88885
driving instruction approved by the director of public safety. A	88886
minimum of twenty-five per cent of the number of hours of	88887
instruction included in the course shall be devoted to instruction	88888
on driver attitude.	88889

The course also shall devote a number of hours to instruction	88890
in the area of alcohol and drugs and the operation of vehicles.	88891
The instruction shall include, but not be limited to, a review of	88892
the laws governing the operation of a vehicle while under the	88893
influence of alcohol, drugs, or a combination of them, the dangers	88894
of operating a vehicle while under the influence of alcohol,	88895
drugs, or a combination of them, and other information relating to	88896
the operation of vehicles and the consumption of alcoholic	88897
beverages and use of drugs. The director, in consultation with the	88898
director of ~~alcohol and drug addiction services~~mental health and	88899
addiction services, shall prescribe the content of the	88900
instruction. The number of hours devoted to the area of alcohol	88901
and drugs and the operation of vehicles shall comprise a minimum	88902
of twenty-five per cent of the number of hours of instruction	88903
included in the course.	88904

(2) The person is examined in the manner provided for in	88905
section 4507.20 of the Revised Code, and found by the registrar of	88906
motor vehicles to be qualified to operate a motor vehicle;	88907

(3) The person gives and maintains proof of financial	88908
responsibility, in accordance with section 4509.45 of the Revised	88909
Code.	88910

(B)(1) Except as provided in division (B)(2) of this section,	88911
any course of remedial driving instruction the director of public	88912
safety approves under this section shall require its students to	88913
attend at least fifty per cent of the course in person and the	88914
director shall not approve any course of remedial driving	88915
instruction that permits its students to take more than fifty per	88916
cent of the course in any other manner, including via video	88917
teleconferencing or the internet.	88918

(2) The director may approve a course of remedial instruction	88919
that permits students to take the entire course via video	88920
teleconferencing or the internet.	88921

Sec. 4510.45. (A)(1) A manufacturer of ignition interlock	88922
devices that desires for its devices to be certified under section	88923
4510.43 of the Revised Code and then to be included on the list of	88924
certified devices that the department of public safety compiles	88925
and makes available to courts pursuant to that section first shall	88926
obtain a license from the department under this section. The	88927
department, in accordance with Chapter 119. of the Revised Code,	88928
shall adopt any rules that are necessary to implement this	88929
licensing requirement.	88930

(2) A manufacturer shall apply to the department for the	88931
license and shall include all information the department may	88932
require by rule. Each application, including an application for	88933
license renewal, shall be accompanied by an application fee of one	88934
hundred dollars, which the department shall deposit into the state	88935
treasury to the credit of the indigent drivers alcohol treatment	88936
fund created by section 4511.191 of the Revised Code.	88937

(3) Upon receipt of a completed application, if the	88938
department finds that a manufacturer has complied with all	88939
application requirements, the department shall issue a license to	88940
the manufacturer. A manufacturer that has been issued a license	88941
under this section is eligible immediately to have the models of	88942
ignition interlock devices it produces certified under section	88943
4510.43 of the Revised Code and then included on the list of	88944
certified devices that the department compiles and makes available	88945
to courts pursuant to that section.	88946

(4)(a) A license issued under this section shall expire	88947
annually on a date selected by the department. The department	88948
shall reject the license application of a manufacturer if any of	88949
the following apply:	88950

(i) The application is not accompanied by the application	88951
fee.	88952

(ii) The department finds that the manufacturer has not	88953
complied with all application requirements.	88954

(iii) The license application is a renewal application and	88955
the manufacturer failed to file the annual report or failed to pay	88956
the fee as required by division (B) of this section.	88957

(b) A manufacturer whose license application is rejected by	88958
the department may appeal the decision to the director of public	88959
safety. The director or the director's designee shall hold a	88960
hearing on the matter not more than thirty days from the date of	88961
the manufacturer's appeal. If the director or the director's	88962
designee upholds the denial of the manufacturer's application for	88963
a license, the manufacturer may appeal the decision to the	88964
Franklin county court of common pleas. If the director or the	88965
director's designee reverses the denial of the manufacturer's	88966
application for a license, the director or the director's designee	88967
shall issue a written order directing that the department issue a	88968
license to the manufacturer.	88969

(B) Every manufacturer of ignition interlock devices that is	88970
issued a license under this section shall file an annual report	88971
with the department on a form the department prescribes on or	88972
before a date the department prescribes. The annual report shall	88973
state the amount of net profit the manufacturer earned during a	88974
twelve-month period specified by the department that is	88975
attributable to the sales of that manufacturer's certified	88976
ignition interlock devices to purchasers in this state. Each	88977
manufacturer shall pay a fee equal to five per cent of the amount	88978
of the net profit described in this division.	88979

The department may permit annual reports to be filed via	88980
electronic means.	88981

(C) The department shall deposit all fees it receives from	88982
manufacturers under this section into the state treasury to the	88983
credit of the indigent drivers alcohol treatment fund created by	88984
section 4511.191 of the Revised Code. All money so deposited into	88985
that fund that is paid by the department of ~~alcohol and drug~~	88986
~~addiction services~~mental health and addiction services to county	88987
indigent drivers alcohol treatment funds, county juvenile indigent	88988
drivers alcohol treatment funds, and municipal indigent drivers	88989
alcohol treatment funds shall be used only as described in	88990
division (H)(3) of section 4511.191 of the Revised Code.	88991

(D)(1) The director may make an assessment, based on any	88992
information in the director's possession, against any manufacturer	88993
that fails to file an annual report or pay the fee required by	88994
division (B) of this section. The director, in accordance with	88995
Chapter 119. of the Revised Code, shall adopt rules governing	88996
assessments and assessment procedures and related provisions. In	88997
adopting these rules, the director shall incorporate the	88998
provisions of section 5751.09 of the Revised Code to the greatest	88999
extent possible, except that the director is not required to	89000
incorporate any provisions of that section that by their nature	89001
are not applicable, appropriate, or necessary to assessments made	89002
by the director under this section.	89003

(2) A manufacturer may appeal the final determination of the	89004
director regarding an assessment made by the director under this	89005
section. The director, in accordance with Chapter 119. of the	89006
Revised Code, shall adopt rules governing such appeals. In	89007
adopting these rules, the director shall incorporate the	89008
provisions of section 5717.02 of the Revised Code to the greatest	89009
extent possible, except that the director is not required to	89010
incorporate any provisions of that section that by their nature	89011
are not applicable, appropriate, or necessary to appeals of	89012
assessments made by the director under this section.	89013

(E) The director, in accordance with Chapter 119. of the	89014
Revised Code, shall adopt a penalty schedule setting forth the	89015
monetary penalties to be imposed upon a manufacturer that is	89016
issued a license under this section and fails to file an annual	89017
report or pay the fee required by division (B) of this section in	89018
a timely manner. The penalty amounts shall not exceed the maximum	89019
penalty amounts established in section 5751.06 of the Revised Code	89020
for similar or equivalent facts or circumstances.	89021

(F)(1) No manufacturer of ignition interlock devices that is	89022
required by division (B) of this section to file an annual report	89023
with the department or to pay a fee shall fail to do so as	89024
required by that division.	89025

(2) No manufacturer of ignition interlock devices that is	89026
required by division (B) of this section to file an annual report	89027
with the department shall file a report that contains incorrect or	89028
erroneous information.	89029

(G) Whoever violates division (F)(2) of this section is	89030
guilty of a misdemeanor of the first degree. The department shall	89031
remove from the list of certified devices described in division	89032
(A)(1) of this section the ignition interlock devices manufactured	89033
by a manufacturer that violates division (F)(1) or (2) of this	89034
section.	89035

Sec. 4511.19. (A)(1) No person shall operate any vehicle,	89036
streetcar, or trackless trolley within this state, if, at the time	89037
of the operation, any of the following apply:	89038

(a) The person is under the influence of alcohol, a drug of	89039
abuse, or a combination of them.	89040

(b) The person has a concentration of eight-hundredths of one	89041
per cent or more but less than seventeen-hundredths of one per	89042
cent by weight per unit volume of alcohol in the person's whole	89043
blood.	89044

(c) The person has a concentration of ninety-six-thousandths	89045
of one per cent or more but less than two hundred four-thousandths	89046
of one per cent by weight per unit volume of alcohol in the	89047
person's blood serum or plasma.	89048

(d) The person has a concentration of eight-hundredths of one	89049
gram or more but less than seventeen-hundredths of one gram by	89050
weight of alcohol per two hundred ten liters of the person's	89051
breath.	89052

(e) The person has a concentration of eleven-hundredths of	89053
one gram or more but less than two hundred	89054
thirty-eight-thousandths of one gram by weight of alcohol per one	89055
hundred milliliters of the person's urine.	89056

(f) The person has a concentration of seventeen-hundredths of	89057
one per cent or more by weight per unit volume of alcohol in the	89058
person's whole blood.	89059

(g) The person has a concentration of two hundred	89060
four-thousandths of one per cent or more by weight per unit volume	89061
of alcohol in the person's blood serum or plasma.	89062

(h) The person has a concentration of seventeen-hundredths of	89063
one gram or more by weight of alcohol per two hundred ten liters	89064
of the person's breath.	89065

(i) The person has a concentration of two hundred	89066
thirty-eight-thousandths of one gram or more by weight of alcohol	89067
per one hundred milliliters of the person's urine.	89068

(j) Except as provided in division (K) of this section, the	89069
person has a concentration of any of the following controlled	89070
substances or metabolites of a controlled substance in the	89071
person's whole blood, blood serum or plasma, or urine that equals	89072
or exceeds any of the following:	89073

(i) The person has a concentration of amphetamine in the	89074
person's urine of at least five hundred nanograms of amphetamine	89075
per milliliter of the person's urine or has a concentration of	89076
amphetamine in the person's whole blood or blood serum or plasma	89077
of at least one hundred nanograms of amphetamine per milliliter of	89078
the person's whole blood or blood serum or plasma.	89079

(ii) The person has a concentration of cocaine in the	89080
person's urine of at least one hundred fifty nanograms of cocaine	89081
per milliliter of the person's urine or has a concentration of	89082
cocaine in the person's whole blood or blood serum or plasma of at	89083
least fifty nanograms of cocaine per milliliter of the person's	89084
whole blood or blood serum or plasma.	89085

(iii) The person has a concentration of cocaine metabolite in	89086
the person's urine of at least one hundred fifty nanograms of	89087
cocaine metabolite per milliliter of the person's urine or has a	89088
concentration of cocaine metabolite in the person's whole blood or	89089
blood serum or plasma of at least fifty nanograms of cocaine	89090
metabolite per milliliter of the person's whole blood or blood	89091
serum or plasma.	89092

(iv) The person has a concentration of heroin in the person's	89093
urine of at least two thousand nanograms of heroin per milliliter	89094
of the person's urine or has a concentration of heroin in the	89095
person's whole blood or blood serum or plasma of at least fifty	89096
nanograms of heroin per milliliter of the person's whole blood or	89097
blood serum or plasma.	89098

(v) The person has a concentration of heroin metabolite	89099
(6-monoacetyl morphine) in the person's urine of at least ten	89100
nanograms of heroin metabolite (6-monoacetyl morphine) per	89101
milliliter of the person's urine or has a concentration of heroin	89102
metabolite (6-monoacetyl morphine) in the person's whole blood or	89103
blood serum or plasma of at least ten nanograms of heroin	89104
metabolite (6-monoacetyl morphine) per milliliter of the person's	89105
whole blood or blood serum or plasma.	89106

(vi) The person has a concentration of L.S.D. in the person's	89107
urine of at least twenty-five nanograms of L.S.D. per milliliter	89108
of the person's urine or a concentration of L.S.D. in the person's	89109
whole blood or blood serum or plasma of at least ten nanograms of	89110
L.S.D. per milliliter of the person's whole blood or blood serum	89111
or plasma.	89112

(vii) The person has a concentration of marihuana in the	89113
person's urine of at least ten nanograms of marihuana per	89114
milliliter of the person's urine or has a concentration of	89115
marihuana in the person's whole blood or blood serum or plasma of	89116
at least two nanograms of marihuana per milliliter of the person's	89117
whole blood or blood serum or plasma.	89118

(viii) Either of the following applies:

89119

(I) The person is under the influence of alcohol, a drug of	89120
abuse, or a combination of them, and, as measured by gas	89121
chromatography mass spectrometry, the person has a concentration	89122
of marihuana metabolite in the person's urine of at least fifteen	89123
nanograms of marihuana metabolite per milliliter of the person's	89124
urine or has a concentration of marihuana metabolite in the	89125
person's whole blood or blood serum or plasma of at least five	89126
nanograms of marihuana metabolite per milliliter of the person's	89127
whole blood or blood serum or plasma.	89128

(II) As measured by gas chromatography mass spectrometry, the	89129
person has a concentration of marihuana metabolite in the person's	89130
urine of at least thirty-five nanograms of marihuana metabolite	89131
per milliliter of the person's urine or has a concentration of	89132
marihuana metabolite in the person's whole blood or blood serum or	89133
plasma of at least fifty nanograms of marihuana metabolite per	89134
milliliter of the person's whole blood or blood serum or plasma.	89135

(ix) The person has a concentration of methamphetamine in the	89136
person's urine of at least five hundred nanograms of	89137
methamphetamine per milliliter of the person's urine or has a	89138
concentration of methamphetamine in the person's whole blood or	89139
blood serum or plasma of at least one hundred nanograms of	89140
methamphetamine per milliliter of the person's whole blood or	89141
blood serum or plasma.	89142

(x) The person has a concentration of phencyclidine in the	89143
person's urine of at least twenty-five nanograms of phencyclidine	89144
per milliliter of the person's urine or has a concentration of	89145
phencyclidine in the person's whole blood or blood serum or plasma	89146
of at least ten nanograms of phencyclidine per milliliter of the	89147
person's whole blood or blood serum or plasma.	89148

(xi) The state board of pharmacy has adopted a rule pursuant	89149
to section 4729.041 of the Revised Code that specifies the amount	89150
of salvia divinorum and the amount of salvinorin A that constitute	89151
concentrations of salvia divinorum and salvinorin A in a person's	89152
urine, in a person's whole blood, or in a person's blood serum or	89153
plasma at or above which the person is impaired for purposes of	89154
operating any vehicle, streetcar, or trackless trolley within this	89155
state, the rule is in effect, and the person has a concentration	89156
of salvia divinorum or salvinorin A of at least that amount so	89157
specified by rule in the person's urine, in the person's whole	89158
blood, or in the person's blood serum or plasma.	89159

(2) No person who, within twenty years of the conduct	89160
described in division (A)(2)(a) of this section, previously has	89161
been convicted of or pleaded guilty to a violation of this	89162
division, a violation of division (A)(1) or (B) of this section,	89163
or any other equivalent offense shall do both of the following:	89164

(a) Operate any vehicle, streetcar, or trackless trolley	89165
within this state while under the influence of alcohol, a drug of	89166
abuse, or a combination of them;	89167

(b) Subsequent to being arrested for operating the vehicle,	89168
streetcar, or trackless trolley as described in division (A)(2)(a)	89169
of this section, being asked by a law enforcement officer to	89170
submit to a chemical test or tests under section 4511.191 of the	89171
Revised Code, and being advised by the officer in accordance with	89172
section 4511.192 of the Revised Code of the consequences of the	89173
person's refusal or submission to the test or tests, refuse to	89174
submit to the test or tests.	89175

(B) No person under twenty-one years of age shall operate any	89176
vehicle, streetcar, or trackless trolley within this state, if, at	89177
the time of the operation, any of the following apply:	89178

(1) The person has a concentration of at least two-hundredths	89179
of one per cent but less than eight-hundredths of one per cent by	89180
weight per unit volume of alcohol in the person's whole blood.	89181

(2) The person has a concentration of at least	89182
three-hundredths of one per cent but less than	89183
ninety-six-thousandths of one per cent by weight per unit volume	89184
of alcohol in the person's blood serum or plasma.	89185

(3) The person has a concentration of at least two-hundredths	89186
of one gram but less than eight-hundredths of one gram by weight	89187
of alcohol per two hundred ten liters of the person's breath.	89188

(4) The person has a concentration of at least twenty-eight	89189
one-thousandths of one gram but less than eleven-hundredths of one	89190
gram by weight of alcohol per one hundred milliliters of the	89191
person's urine.	89192

(C) In any proceeding arising out of one incident, a person	89193
may be charged with a violation of division (A)(1)(a) or (A)(2)	89194
and a violation of division (B)(1), (2), or (3) of this section,	89195
but the person may not be convicted of more than one violation of	89196
these divisions.	89197

(D)(1)(a) In any criminal prosecution or juvenile court	89198
proceeding for a violation of division (A)(1)(a) of this section	89199
or for an equivalent offense that is vehicle-related, the result	89200
of any test of any blood or urine withdrawn and analyzed at any	89201
health care provider, as defined in section 2317.02 of the Revised	89202
Code, may be admitted with expert testimony to be considered with	89203
any other relevant and competent evidence in determining the guilt	89204
or innocence of the defendant.	89205

(b) In any criminal prosecution or juvenile court proceeding	89206
for a violation of division (A) or (B) of this section or for an	89207
equivalent offense that is vehicle-related, the court may admit	89208
evidence on the concentration of alcohol, drugs of abuse,	89209
controlled substances, metabolites of a controlled substance, or a	89210
combination of them in the defendant's whole blood, blood serum or	89211
plasma, breath, urine, or other bodily substance at the time of	89212
the alleged violation as shown by chemical analysis of the	89213
substance withdrawn within three hours of the time of the alleged	89214
violation. The three-hour time limit specified in this division	89215
regarding the admission of evidence does not extend or affect the	89216
two-hour time limit specified in division (A) of section 4511.192	89217
of the Revised Code as the maximum period of time during which a	89218
person may consent to a chemical test or tests as described in	89219
that section. The court may admit evidence on the concentration of	89220
alcohol, drugs of abuse, or a combination of them as described in	89221
this division when a person submits to a blood, breath, urine, or	89222
other bodily substance test at the request of a law enforcement	89223
officer under section 4511.191 of the Revised Code or a blood or	89224
urine sample is obtained pursuant to a search warrant. Only a	89225
physician, a registered nurse, an emergency medical	89226
technician-intermediate, an emergency medical	89227
technician-paramedic, or a qualified technician, chemist, or	89228
phlebotomist shall withdraw a blood sample for the purpose of	89229
determining the alcohol, drug, controlled substance, metabolite of	89230
a controlled substance, or combination content of the whole blood,	89231
blood serum, or blood plasma. This limitation does not apply to	89232
the taking of breath or urine specimens. A person authorized to	89233
withdraw blood under this division may refuse to withdraw blood	89234
under this division, if in that person's opinion, the physical	89235
welfare of the person would be endangered by the withdrawing of	89236
blood.	89237

The bodily substance withdrawn under division (D)(1)(b) of	89238
this section shall be analyzed in accordance with methods approved	89239
by the director of health by an individual possessing a valid	89240
permit issued by the director pursuant to section 3701.143 of the	89241
Revised Code.	89242

(c) As used in division (D)(1)(b) of this section, "emergency	89243
medical technician-intermediate" and "emergency medical	89244
technician-paramedic" have the same meanings as in section 4765.01	89245
of the Revised Code.	89246

(2) In a criminal prosecution or juvenile court proceeding	89247
for a violation of division (A) of this section or for an	89248
equivalent offense that is vehicle-related, if there was at the	89249
time the bodily substance was withdrawn a concentration of less	89250
than the applicable concentration of alcohol specified in	89251
divisions (A)(1)(b), (c), (d), and (e) of this section or less	89252
than the applicable concentration of a listed controlled substance	89253
or a listed metabolite of a controlled substance specified for a	89254
violation of division (A)(1)(j) of this section, that fact may be	89255
considered with other competent evidence in determining the guilt	89256
or innocence of the defendant. This division does not limit or	89257
affect a criminal prosecution or juvenile court proceeding for a	89258
violation of division (B) of this section or for an equivalent	89259
offense that is substantially equivalent to that division.	89260

(3) Upon the request of the person who was tested, the	89261
results of the chemical test shall be made available to the person	89262
or the person's attorney, immediately upon the completion of the	89263
chemical test analysis.	89264

If the chemical test was obtained pursuant to division	89265
(D)(1)(b) of this section, the person tested may have a physician,	89266
a registered nurse, or a qualified technician, chemist, or	89267
phlebotomist of the person's own choosing administer a chemical	89268
test or tests, at the person's expense, in addition to any	89269
administered at the request of a law enforcement officer. If the	89270
person was under arrest as described in division (A)(5) of section	89271
4511.191 of the Revised Code, the arresting officer shall advise	89272
the person at the time of the arrest that the person may have an	89273
independent chemical test taken at the person's own expense. If	89274
the person was under arrest other than described in division	89275
(A)(5) of section 4511.191 of the Revised Code, the form to be	89276
read to the person to be tested, as required under section	89277
4511.192 of the Revised Code, shall state that the person may have	89278
an independent test performed at the person's expense. The failure	89279
or inability to obtain an additional chemical test by a person	89280
shall not preclude the admission of evidence relating to the	89281
chemical test or tests taken at the request of a law enforcement	89282
officer.	89283

(4)(a) As used in divisions (D)(4)(b) and (c) of this	89284
section, "national highway traffic safety administration" means	89285
the national highway traffic safety administration established as	89286
an administration of the United States department of	89287
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	89288

(b) In any criminal prosecution or juvenile court proceeding	89289
for a violation of division (A) or (B) of this section, of a	89290
municipal ordinance relating to operating a vehicle while under	89291
the influence of alcohol, a drug of abuse, or alcohol and a drug	89292
of abuse, or of a municipal ordinance relating to operating a	89293
vehicle with a prohibited concentration of alcohol, a controlled	89294
substance, or a metabolite of a controlled substance in the whole	89295
blood, blood serum or plasma, breath, or urine, if a law	89296
enforcement officer has administered a field sobriety test to the	89297
operator of the vehicle involved in the violation and if it is	89298
shown by clear and convincing evidence that the officer	89299
administered the test in substantial compliance with the testing	89300
standards for any reliable, credible, and generally accepted field	89301
sobriety tests that were in effect at the time the tests were	89302
administered, including, but not limited to, any testing standards	89303
then in effect that were set by the national highway traffic	89304
safety administration, all of the following apply:	89305

(i) The officer may testify concerning the results of the	89306
field sobriety test so administered.	89307

(ii) The prosecution may introduce the results of the field	89308
sobriety test so administered as evidence in any proceedings in	89309
the criminal prosecution or juvenile court proceeding.	89310

(iii) If testimony is presented or evidence is introduced	89311
under division (D)(4)(b)(i) or (ii) of this section and if the	89312
testimony or evidence is admissible under the Rules of Evidence,	89313
the court shall admit the testimony or evidence and the trier of	89314
fact shall give it whatever weight the trier of fact considers to	89315
be appropriate.	89316

(c) Division (D)(4)(b) of this section does not limit or	89317
preclude a court, in its determination of whether the arrest of a	89318
person was supported by probable cause or its determination of any	89319
other matter in a criminal prosecution or juvenile court	89320
proceeding of a type described in that division, from considering	89321
evidence or testimony that is not otherwise disallowed by division	89322
(D)(4)(b) of this section.	89323

(E)(1) Subject to division (E)(3) of this section, in any	89324
criminal prosecution or juvenile court proceeding for a violation	89325
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)	89326
or (B)(1), (2), (3), or (4) of this section or for an equivalent	89327
offense that is substantially equivalent to any of those	89328
divisions, a laboratory report from any laboratory personnel	89329
issued a permit by the department of health authorizing an	89330
analysis as described in this division that contains an analysis	89331
of the whole blood, blood serum or plasma, breath, urine, or other	89332
bodily substance tested and that contains all of the information	89333
specified in this division shall be admitted as prima-facie	89334
evidence of the information and statements that the report	89335
contains. The laboratory report shall contain all of the	89336
following:	89337

(a) The signature, under oath, of any person who performed	89338
the analysis;	89339

(b) Any findings as to the identity and quantity of alcohol,	89340
a drug of abuse, a controlled substance, a metabolite of a	89341
controlled substance, or a combination of them that was found;	89342

(c) A copy of a notarized statement by the laboratory	89343
director or a designee of the director that contains the name of	89344
each certified analyst or test performer involved with the report,	89345
the analyst's or test performer's employment relationship with the	89346
laboratory that issued the report, and a notation that performing	89347
an analysis of the type involved is part of the analyst's or test	89348
performer's regular duties;	89349

(d) An outline of the analyst's or test performer's	89350
education, training, and experience in performing the type of	89351
analysis involved and a certification that the laboratory	89352
satisfies appropriate quality control standards in general and, in	89353
this particular analysis, under rules of the department of health.	89354

(2) Notwithstanding any other provision of law regarding the	89355
admission of evidence, a report of the type described in division	89356
(E)(1) of this section is not admissible against the defendant to	89357
whom it pertains in any proceeding, other than a preliminary	89358
hearing or a grand jury proceeding, unless the prosecutor has	89359
served a copy of the report on the defendant's attorney or, if the	89360
defendant has no attorney, on the defendant.	89361

(3) A report of the type described in division (E)(1) of this	89362
section shall not be prima-facie evidence of the contents,	89363
identity, or amount of any substance if, within seven days after	89364
the defendant to whom the report pertains or the defendant's	89365
attorney receives a copy of the report, the defendant or the	89366
defendant's attorney demands the testimony of the person who	89367
signed the report. The judge in the case may extend the seven-day	89368
time limit in the interest of justice.	89369

(F) Except as otherwise provided in this division, any	89370
physician, registered nurse, emergency medical	89371
technician-intermediate, emergency medical technician-paramedic,	89372
or qualified technician, chemist, or phlebotomist who withdraws	89373
blood from a person pursuant to this section or section 4511.191	89374
or 4511.192 of the Revised Code, and any hospital, first-aid	89375
station, or clinic at which blood is withdrawn from a person	89376
pursuant to this section or section 4511.191 or 4511.192 of the	89377
Revised Code, is immune from criminal liability and civil	89378
liability based upon a claim of assault and battery or any other	89379
claim that is not a claim of malpractice, for any act performed in	89380
withdrawing blood from the person. The immunity provided in this	89381
division also extends to an emergency medical service organization	89382
that employs an emergency medical technician-intermediate or	89383
emergency medical technician-paramedic who withdraws blood under	89384
this section. The immunity provided in this division is not	89385
available to a person who withdraws blood if the person engages in	89386
willful or wanton misconduct.	89387

As used in this division, "emergency medical	89388
technician-intermediate" and "emergency medical	89389
technician-paramedic" have the same meanings as in section 4765.01	89390
of the Revised Code.	89391

(G)(1) Whoever violates any provision of divisions (A)(1)(a)	89392
to (i) or (A)(2) of this section is guilty of operating a vehicle	89393
under the influence of alcohol, a drug of abuse, or a combination	89394
of them. Whoever violates division (A)(1)(j) of this section is	89395
guilty of operating a vehicle while under the influence of a	89396
listed controlled substance or a listed metabolite of a controlled	89397
substance. The court shall sentence the offender for either	89398
offense under Chapter 2929. of the Revised Code, except as	89399
otherwise authorized or required by divisions (G)(1)(a) to (e) of	89400
this section:	89401

(a) Except as otherwise provided in division (G)(1)(b), (c),	89402
(d), or (e) of this section, the offender is guilty of a	89403
misdemeanor of the first degree, and the court shall sentence the	89404
offender to all of the following:	89405

(i) If the sentence is being imposed for a violation of	89406
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	89407
mandatory jail term of three consecutive days. As used in this	89408
division, three consecutive days means seventy-two consecutive	89409
hours. The court may sentence an offender to both an intervention	89410
program and a jail term. The court may impose a jail term in	89411
addition to the three-day mandatory jail term or intervention	89412
program. However, in no case shall the cumulative jail term	89413
imposed for the offense exceed six months.	89414

The court may suspend the execution of the three-day jail	89415
term under this division if the court, in lieu of that suspended	89416
term, places the offender under a community control sanction	89417
pursuant to section 2929.25 of the Revised Code and requires the	89418
offender to attend, for three consecutive days, a drivers'	89419
intervention program certified under section ~~3793.10~~5119.38 of	89420
the Revised Code. The court also may suspend the execution of any	89421
part of the three-day jail term under this division if it places	89422
the offender under a community control sanction pursuant to	89423
section 2929.25 of the Revised Code for part of the three days,	89424
requires the offender to attend for the suspended part of the term	89425
a drivers' intervention program so certified, and sentences the	89426
offender to a jail term equal to the remainder of the three	89427
consecutive days that the offender does not spend attending the	89428
program. The court may require the offender, as a condition of	89429
community control and in addition to the required attendance at a	89430
drivers' intervention program, to attend and satisfactorily	89431
complete any treatment or education programs that comply with the	89432
minimum standards adopted pursuant to Chapter ~~3793.~~5119. of the	89433
Revised Code by the director of ~~alcohol and drug addiction~~	89434
~~services~~mental health and addiction services that the operators	89435
of the drivers' intervention program determine that the offender	89436
should attend and to report periodically to the court on the	89437
offender's progress in the programs. The court also may impose on	89438
the offender any other conditions of community control that it	89439
considers necessary.	89440

(ii) If the sentence is being imposed for a violation of	89441
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	89442
section, except as otherwise provided in this division, a	89443
mandatory jail term of at least three consecutive days and a	89444
requirement that the offender attend, for three consecutive days,	89445
a drivers' intervention program that is certified pursuant to	89446
section ~~3793.10~~5119.38 of the Revised Code. As used in this	89447
division, three consecutive days means seventy-two consecutive	89448
hours. If the court determines that the offender is not conducive	89449
to treatment in a drivers' intervention program, if the offender	89450
refuses to attend a drivers' intervention program, or if the jail	89451
at which the offender is to serve the jail term imposed can	89452
provide a driver's intervention program, the court shall sentence	89453
the offender to a mandatory jail term of at least six consecutive	89454
days.	89455

The court may require the offender, under a community control	89456
sanction imposed under section 2929.25 of the Revised Code, to	89457
attend and satisfactorily complete any treatment or education	89458
programs that comply with the minimum standards adopted pursuant	89459
to Chapter ~~3793.~~5119. of the Revised Code by the director of	89460
~~alcohol and drug addiction services~~mental health and addiction	89461
services, in addition to the required attendance at drivers'	89462
intervention program, that the operators of the drivers'	89463
intervention program determine that the offender should attend and	89464
to report periodically to the court on the offender's progress in	89465
the programs. The court also may impose any other conditions of	89466
community control on the offender that it considers necessary.	89467

(iii) In all cases, a fine of not less than three hundred	89468
seventy-five and not more than one thousand seventy-five dollars;	89469

(iv) In all cases, a class five license suspension of the	89470
offender's driver's or commercial driver's license or permit or	89471
nonresident operating privilege from the range specified in	89472
division (A)(5) of section 4510.02 of the Revised Code. The court	89473
may grant limited driving privileges relative to the suspension	89474
under sections 4510.021 and 4510.13 of the Revised Code.	89475

(b) Except as otherwise provided in division (G)(1)(e) of	89476
this section, an offender who, within six years of the offense,	89477
previously has been convicted of or pleaded guilty to one	89478
violation of division (A) or (B) of this section or one other	89479
equivalent offense is guilty of a misdemeanor of the first degree.	89480
The court shall sentence the offender to all of the following:	89481

(i) If the sentence is being imposed for a violation of	89482
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	89483
mandatory jail term of ten consecutive days. The court shall	89484
impose the ten-day mandatory jail term under this division unless,	89485
subject to division (G)(3) of this section, it instead imposes a	89486
sentence under that division consisting of both a jail term and a	89487
term of house arrest with electronic monitoring, with continuous	89488
alcohol monitoring, or with both electronic monitoring and	89489
continuous alcohol monitoring. The court may impose a jail term in	89490
addition to the ten-day mandatory jail term. The cumulative jail	89491
term imposed for the offense shall not exceed six months.	89492

In addition to the jail term or the term of house arrest with	89493
electronic monitoring or continuous alcohol monitoring or both	89494
types of monitoring and jail term, the court shall require the	89495
offender to be assessed by ~~an alcohol and drug treatment program~~a	89496
community addiction services provider that is authorized by	89497
section ~~3793.02~~5119.21 of the Revised Code, subject to division	89498
(I) of this section, and shall order the offender to follow the	89499
treatment recommendations of the ~~program~~services provider. The	89500
purpose of the assessment is to determine the degree of the	89501
offender's alcohol usage and to determine whether or not treatment	89502
is warranted. Upon the request of the court, the ~~program~~services	89503
provider shall submit the results of the assessment to the court,	89504
including all treatment recommendations and clinical diagnoses	89505
related to alcohol use.	89506

(ii) If the sentence is being imposed for a violation of	89507
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	89508
section, except as otherwise provided in this division, a	89509
mandatory jail term of twenty consecutive days. The court shall	89510
impose the twenty-day mandatory jail term under this division	89511
unless, subject to division (G)(3) of this section, it instead	89512
imposes a sentence under that division consisting of both a jail	89513
term and a term of house arrest with electronic monitoring, with	89514
continuous alcohol monitoring, or with both electronic monitoring	89515
and continuous alcohol monitoring. The court may impose a jail	89516
term in addition to the twenty-day mandatory jail term. The	89517
cumulative jail term imposed for the offense shall not exceed six	89518
months.	89519

In addition to the jail term or the term of house arrest with	89520
electronic monitoring or continuous alcohol monitoring or both	89521
types of monitoring and jail term, the court shall require the	89522
offender to be assessed by ~~an alcohol and drug treatment program~~a	89523
community addiction service provider that is authorized by section	89524
~~3793.02~~5119.21 of the Revised Code, subject to division (I) of	89525
this section, and shall order the offender to follow the treatment	89526
recommendations of the ~~program~~services provider. The purpose of	89527
the assessment is to determine the degree of the offender's	89528
alcohol usage and to determine whether or not treatment is	89529
warranted. Upon the request of the court, the ~~program~~services	89530
provider shall submit the results of the assessment to the court,	89531
including all treatment recommendations and clinical diagnoses	89532
related to alcohol use.	89533

(iii) In all cases, notwithstanding the fines set forth in	89534
Chapter 2929. of the Revised Code, a fine of not less than five	89535
hundred twenty-five and not more than one thousand six hundred	89536
twenty-five dollars;	89537

(iv) In all cases, a class four license suspension of the	89538
offender's driver's license, commercial driver's license,	89539
temporary instruction permit, probationary license, or nonresident	89540
operating privilege from the range specified in division (A)(4) of	89541
section 4510.02 of the Revised Code. The court may grant limited	89542
driving privileges relative to the suspension under sections	89543
4510.021 and 4510.13 of the Revised Code.	89544

(v) In all cases, if the vehicle is registered in the	89545
offender's name, immobilization of the vehicle involved in the	89546
offense for ninety days in accordance with section 4503.233 of the	89547
Revised Code and impoundment of the license plates of that vehicle	89548
for ninety days.	89549

(c) Except as otherwise provided in division (G)(1)(e) of	89550
this section, an offender who, within six years of the offense,	89551
previously has been convicted of or pleaded guilty to two	89552
violations of division (A) or (B) of this section or other	89553
equivalent offenses is guilty of a misdemeanor. The court shall	89554
sentence the offender to all of the following:	89555

(i) If the sentence is being imposed for a violation of	89556
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	89557
mandatory jail term of thirty consecutive days. The court shall	89558
impose the thirty-day mandatory jail term under this division	89559
unless, subject to division (G)(3) of this section, it instead	89560
imposes a sentence under that division consisting of both a jail	89561
term and a term of house arrest with electronic monitoring, with	89562
continuous alcohol monitoring, or with both electronic monitoring	89563
and continuous alcohol monitoring. The court may impose a jail	89564
term in addition to the thirty-day mandatory jail term.	89565
Notwithstanding the jail terms set forth in sections 2929.21 to	89566
2929.28 of the Revised Code, the additional jail term shall not	89567
exceed one year, and the cumulative jail term imposed for the	89568
offense shall not exceed one year.	89569

(ii) If the sentence is being imposed for a violation of	89570
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	89571
section, a mandatory jail term of sixty consecutive days. The	89572
court shall impose the sixty-day mandatory jail term under this	89573
division unless, subject to division (G)(3) of this section, it	89574
instead imposes a sentence under that division consisting of both	89575
a jail term and a term of house arrest with electronic monitoring,	89576
with continuous alcohol monitoring, or with both electronic	89577
monitoring and continuous alcohol monitoring. The court may impose	89578
a jail term in addition to the sixty-day mandatory jail term.	89579
Notwithstanding the jail terms set forth in sections 2929.21 to	89580
2929.28 of the Revised Code, the additional jail term shall not	89581
exceed one year, and the cumulative jail term imposed for the	89582
offense shall not exceed one year.	89583

(iii) In all cases, notwithstanding the fines set forth in	89584
Chapter 2929. of the Revised Code, a fine of not less than eight	89585
hundred fifty and not more than two thousand seven hundred fifty	89586
dollars;	89587

(iv) In all cases, a class three license suspension of the	89588
offender's driver's license, commercial driver's license,	89589
temporary instruction permit, probationary license, or nonresident	89590
operating privilege from the range specified in division (A)(3) of	89591
section 4510.02 of the Revised Code. The court may grant limited	89592
driving privileges relative to the suspension under sections	89593
4510.021 and 4510.13 of the Revised Code.	89594

(v) In all cases, if the vehicle is registered in the	89595
offender's name, criminal forfeiture of the vehicle involved in	89596
the offense in accordance with section 4503.234 of the Revised	89597
Code. Division (G)(6) of this section applies regarding any	89598
vehicle that is subject to an order of criminal forfeiture under	89599
this division.	89600

(vi) In all cases, the court shall order the offender to	89601
participate ~~in an alcohol and drug~~with a community addiction	89602
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	89603
the Revised Code, subject to division (I) of this section, and	89604
shall order the offender to follow the treatment recommendations	89605
of the ~~program~~services provider. The operator of the ~~program~~	89606
services provider shall determine and assess the degree of the	89607
offender's alcohol dependency and shall make recommendations for	89608
treatment. Upon the request of the court, the ~~program~~services	89609
provider shall submit the results of the assessment to the court,	89610
including all treatment recommendations and clinical diagnoses	89611
related to alcohol use.	89612

(d) Except as otherwise provided in division (G)(1)(e) of	89613
this section, an offender who, within six years of the offense,	89614
previously has been convicted of or pleaded guilty to three or	89615
four violations of division (A) or (B) of this section or other	89616
equivalent offenses or an offender who, within twenty years of the	89617
offense, previously has been convicted of or pleaded guilty to	89618
five or more violations of that nature is guilty of a felony of	89619
the fourth degree. The court shall sentence the offender to all of	89620
the following:	89621

(i) If the sentence is being imposed for a violation of	89622
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	89623
mandatory prison term of one, two, three, four, or five years as	89624
required by and in accordance with division (G)(2) of section	89625
2929.13 of the Revised Code if the offender also is convicted of	89626
or also pleads guilty to a specification of the type described in	89627
section 2941.1413 of the Revised Code or, in the discretion of the	89628
court, either a mandatory term of local incarceration of sixty	89629
consecutive days in accordance with division (G)(1) of section	89630
2929.13 of the Revised Code or a mandatory prison term of sixty	89631
consecutive days in accordance with division (G)(2) of that	89632
section if the offender is not convicted of and does not plead	89633
guilty to a specification of that type. If the court imposes a	89634
mandatory term of local incarceration, it may impose a jail term	89635
in addition to the sixty-day mandatory term, the cumulative total	89636
of the mandatory term and the jail term for the offense shall not	89637
exceed one year, and, except as provided in division (A)(1) of	89638
section 2929.13 of the Revised Code, no prison term is authorized	89639
for the offense. If the court imposes a mandatory prison term,	89640
notwithstanding division (A)(4) of section 2929.14 of the Revised	89641
Code, it also may sentence the offender to a definite prison term	89642
that shall be not less than six months and not more than thirty	89643
months and the prison terms shall be imposed as described in	89644
division (G)(2) of section 2929.13 of the Revised Code. If the	89645
court imposes a mandatory prison term or mandatory prison term and	89646
additional prison term, in addition to the term or terms so	89647
imposed, the court also may sentence the offender to a community	89648
control sanction for the offense, but the offender shall serve all	89649
of the prison terms so imposed prior to serving the community	89650
control sanction.	89651

(ii) If the sentence is being imposed for a violation of	89652
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	89653
section, a mandatory prison term of one, two, three, four, or five	89654
years as required by and in accordance with division (G)(2) of	89655
section 2929.13 of the Revised Code if the offender also is	89656
convicted of or also pleads guilty to a specification of the type	89657
described in section 2941.1413 of the Revised Code or, in the	89658
discretion of the court, either a mandatory term of local	89659
incarceration of one hundred twenty consecutive days in accordance	89660
with division (G)(1) of section 2929.13 of the Revised Code or a	89661
mandatory prison term of one hundred twenty consecutive days in	89662
accordance with division (G)(2) of that section if the offender is	89663
not convicted of and does not plead guilty to a specification of	89664
that type. If the court imposes a mandatory term of local	89665
incarceration, it may impose a jail term in addition to the one	89666
hundred twenty-day mandatory term, the cumulative total of the	89667
mandatory term and the jail term for the offense shall not exceed	89668
one year, and, except as provided in division (A)(1) of section	89669
2929.13 of the Revised Code, no prison term is authorized for the	89670
offense. If the court imposes a mandatory prison term,	89671
notwithstanding division (A)(4) of section 2929.14 of the Revised	89672
Code, it also may sentence the offender to a definite prison term	89673
that shall be not less than six months and not more than thirty	89674
months and the prison terms shall be imposed as described in	89675
division (G)(2) of section 2929.13 of the Revised Code. If the	89676
court imposes a mandatory prison term or mandatory prison term and	89677
additional prison term, in addition to the term or terms so	89678
imposed, the court also may sentence the offender to a community	89679
control sanction for the offense, but the offender shall serve all	89680
of the prison terms so imposed prior to serving the community	89681
control sanction.	89682

(iii) In all cases, notwithstanding section 2929.18 of the	89683
Revised Code, a fine of not less than one thousand three hundred	89684
fifty nor more than ten thousand five hundred dollars;	89685

(iv) In all cases, a class two license suspension of the	89686
offender's driver's license, commercial driver's license,	89687
temporary instruction permit, probationary license, or nonresident	89688
operating privilege from the range specified in division (A)(2) of	89689
section 4510.02 of the Revised Code. The court may grant limited	89690
driving privileges relative to the suspension under sections	89691
4510.021 and 4510.13 of the Revised Code.	89692

(v) In all cases, if the vehicle is registered in the	89693
offender's name, criminal forfeiture of the vehicle involved in	89694
the offense in accordance with section 4503.234 of the Revised	89695
Code. Division (G)(6) of this section applies regarding any	89696
vehicle that is subject to an order of criminal forfeiture under	89697
this division.	89698

(vi) In all cases, the court shall order the offender to	89699
participate ~~in an alcohol and drug~~with a community addiction	89700
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	89701
the Revised Code, subject to division (I) of this section, and	89702
shall order the offender to follow the treatment recommendations	89703
of the ~~program~~services provider. The operator of the ~~program~~	89704
services provider shall determine and assess the degree of the	89705
offender's alcohol dependency and shall make recommendations for	89706
treatment. Upon the request of the court, the ~~program~~services	89707
provider shall submit the results of the assessment to the court,	89708
including all treatment recommendations and clinical diagnoses	89709
related to alcohol use.	89710

(vii) In all cases, if the court sentences the offender to a	89711
mandatory term of local incarceration, in addition to the	89712
mandatory term, the court, pursuant to section 2929.17 of the	89713
Revised Code, may impose a term of house arrest with electronic	89714
monitoring. The term shall not commence until after the offender	89715
has served the mandatory term of local incarceration.	89716

(e) An offender who previously has been convicted of or	89717
pleaded guilty to a violation of division (A) of this section that	89718
was a felony, regardless of when the violation and the conviction	89719
or guilty plea occurred, is guilty of a felony of the third	89720
degree. The court shall sentence the offender to all of the	89721
following:	89722

(i) If the offender is being sentenced for a violation of	89723
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	89724
mandatory prison term of one, two, three, four, or five years as	89725
required by and in accordance with division (G)(2) of section	89726
2929.13 of the Revised Code if the offender also is convicted of	89727
or also pleads guilty to a specification of the type described in	89728
section 2941.1413 of the Revised Code or a mandatory prison term	89729
of sixty consecutive days in accordance with division (G)(2) of	89730
section 2929.13 of the Revised Code if the offender is not	89731
convicted of and does not plead guilty to a specification of that	89732
type. The court may impose a prison term in addition to the	89733
mandatory prison term. The cumulative total of a sixty-day	89734
mandatory prison term and the additional prison term for the	89735
offense shall not exceed five years. In addition to the mandatory	89736
prison term or mandatory prison term and additional prison term	89737
the court imposes, the court also may sentence the offender to a	89738
community control sanction for the offense, but the offender shall	89739
serve all of the prison terms so imposed prior to serving the	89740
community control sanction.	89741

(ii) If the sentence is being imposed for a violation of	89742
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	89743
section, a mandatory prison term of one, two, three, four, or five	89744
years as required by and in accordance with division (G)(2) of	89745
section 2929.13 of the Revised Code if the offender also is	89746
convicted of or also pleads guilty to a specification of the type	89747
described in section 2941.1413 of the Revised Code or a mandatory	89748
prison term of one hundred twenty consecutive days in accordance	89749
with division (G)(2) of section 2929.13 of the Revised Code if the	89750
offender is not convicted of and does not plead guilty to a	89751
specification of that type. The court may impose a prison term in	89752
addition to the mandatory prison term. The cumulative total of a	89753
one hundred twenty-day mandatory prison term and the additional	89754
prison term for the offense shall not exceed five years. In	89755
addition to the mandatory prison term or mandatory prison term and	89756
additional prison term the court imposes, the court also may	89757
sentence the offender to a community control sanction for the	89758
offense, but the offender shall serve all of the prison terms so	89759
imposed prior to serving the community control sanction.	89760

(iii) In all cases, notwithstanding section 2929.18 of the	89761
Revised Code, a fine of not less than one thousand three hundred	89762
fifty nor more than ten thousand five hundred dollars;	89763

(iv) In all cases, a class two license suspension of the	89764
offender's driver's license, commercial driver's license,	89765
temporary instruction permit, probationary license, or nonresident	89766
operating privilege from the range specified in division (A)(2) of	89767
section 4510.02 of the Revised Code. The court may grant limited	89768
driving privileges relative to the suspension under sections	89769
4510.021 and 4510.13 of the Revised Code.	89770

(v) In all cases, if the vehicle is registered in the	89771
offender's name, criminal forfeiture of the vehicle involved in	89772
the offense in accordance with section 4503.234 of the Revised	89773
Code. Division (G)(6) of this section applies regarding any	89774
vehicle that is subject to an order of criminal forfeiture under	89775
this division.	89776

(vi) In all cases, the court shall order the offender to	89777
participate ~~in an alcohol and drug~~with a community addiction	89778
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	89779
the Revised Code, subject to division (I) of this section, and	89780
shall order the offender to follow the treatment recommendations	89781
of the ~~program~~services provider. The operator of the ~~program~~	89782
services provider shall determine and assess the degree of the	89783
offender's alcohol dependency and shall make recommendations for	89784
treatment. Upon the request of the court, the ~~program~~services	89785
provider shall submit the results of the assessment to the court,	89786
including all treatment recommendations and clinical diagnoses	89787
related to alcohol use.	89788

(2) An offender who is convicted of or pleads guilty to a	89789
violation of division (A) of this section and who subsequently	89790
seeks reinstatement of the driver's or occupational driver's	89791
license or permit or nonresident operating privilege suspended	89792
under this section as a result of the conviction or guilty plea	89793
shall pay a reinstatement fee as provided in division (F)(2) of	89794
section 4511.191 of the Revised Code.	89795

(3) If an offender is sentenced to a jail term under division	89796
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	89797
if, within sixty days of sentencing of the offender, the court	89798
issues a written finding on the record that, due to the	89799
unavailability of space at the jail where the offender is required	89800
to serve the term, the offender will not be able to begin serving	89801
that term within the sixty-day period following the date of	89802
sentencing, the court may impose an alternative sentence under	89803
this division that includes a term of house arrest with electronic	89804
monitoring, with continuous alcohol monitoring, or with both	89805
electronic monitoring and continuous alcohol monitoring.	89806

As an alternative to a mandatory jail term of ten consecutive	89807
days required by division (G)(1)(b)(i) of this section, the court,	89808
under this division, may sentence the offender to five consecutive	89809
days in jail and not less than eighteen consecutive days of house	89810
arrest with electronic monitoring, with continuous alcohol	89811
monitoring, or with both electronic monitoring and continuous	89812
alcohol monitoring. The cumulative total of the five consecutive	89813
days in jail and the period of house arrest with electronic	89814
monitoring, continuous alcohol monitoring, or both types of	89815
monitoring shall not exceed six months. The five consecutive days	89816
in jail do not have to be served prior to or consecutively to the	89817
period of house arrest.	89818

As an alternative to the mandatory jail term of twenty	89819
consecutive days required by division (G)(1)(b)(ii) of this	89820
section, the court, under this division, may sentence the offender	89821
to ten consecutive days in jail and not less than thirty-six	89822
consecutive days of house arrest with electronic monitoring, with	89823
continuous alcohol monitoring, or with both electronic monitoring	89824
and continuous alcohol monitoring. The cumulative total of the ten	89825
consecutive days in jail and the period of house arrest with	89826
electronic monitoring, continuous alcohol monitoring, or both	89827
types of monitoring shall not exceed six months. The ten	89828
consecutive days in jail do not have to be served prior to or	89829
consecutively to the period of house arrest.	89830

As an alternative to a mandatory jail term of thirty	89831
consecutive days required by division (G)(1)(c)(i) of this	89832
section, the court, under this division, may sentence the offender	89833
to fifteen consecutive days in jail and not less than fifty-five	89834
consecutive days of house arrest with electronic monitoring, with	89835
continuous alcohol monitoring, or with both electronic monitoring	89836
and continuous alcohol monitoring. The cumulative total of the	89837
fifteen consecutive days in jail and the period of house arrest	89838
with electronic monitoring, continuous alcohol monitoring, or both	89839
types of monitoring shall not exceed one year. The fifteen	89840
consecutive days in jail do not have to be served prior to or	89841
consecutively to the period of house arrest.	89842

As an alternative to the mandatory jail term of sixty	89843
consecutive days required by division (G)(1)(c)(ii) of this	89844
section, the court, under this division, may sentence the offender	89845
to thirty consecutive days in jail and not less than one hundred	89846
ten consecutive days of house arrest with electronic monitoring,	89847
with continuous alcohol monitoring, or with both electronic	89848
monitoring and continuous alcohol monitoring. The cumulative total	89849
of the thirty consecutive days in jail and the period of house	89850
arrest with electronic monitoring, continuous alcohol monitoring,	89851
or both types of monitoring shall not exceed one year. The thirty	89852
consecutive days in jail do not have to be served prior to or	89853
consecutively to the period of house arrest.	89854

(4) If an offender's driver's or occupational driver's	89855
license or permit or nonresident operating privilege is suspended	89856
under division (G) of this section and if section 4510.13 of the	89857
Revised Code permits the court to grant limited driving	89858
privileges, the court may grant the limited driving privileges in	89859
accordance with that section. If division (A)(7) of that section	89860
requires that the court impose as a condition of the privileges	89861
that the offender must display on the vehicle that is driven	89862
subject to the privileges restricted license plates that are	89863
issued under section 4503.231 of the Revised Code, except as	89864
provided in division (B) of that section, the court shall impose	89865
that condition as one of the conditions of the limited driving	89866
privileges granted to the offender, except as provided in division	89867
(B) of section 4503.231 of the Revised Code.	89868

(5) Fines imposed under this section for a violation of	89869
division (A) of this section shall be distributed as follows:	89870

(a) Twenty-five dollars of the fine imposed under division	89871
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	89872
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	89873
fine imposed under division (G)(1)(c)(iii), and two hundred ten	89874
dollars of the fine imposed under division (G)(1)(d)(iii) or	89875
(e)(iii) of this section shall be paid to an enforcement and	89876
education fund established by the legislative authority of the law	89877
enforcement agency in this state that primarily was responsible	89878
for the arrest of the offender, as determined by the court that	89879
imposes the fine. The agency shall use this share to pay only	89880
those costs it incurs in enforcing this section or a municipal OVI	89881
ordinance and in informing the public of the laws governing the	89882
operation of a vehicle while under the influence of alcohol, the	89883
dangers of the operation of a vehicle under the influence of	89884
alcohol, and other information relating to the operation of a	89885
vehicle under the influence of alcohol and the consumption of	89886
alcoholic beverages.	89887

(b) Fifty dollars of the fine imposed under division	89888
(G)(1)(a)(iii) of this section shall be paid to the political	89889
subdivision that pays the cost of housing the offender during the	89890
offender's term of incarceration. If the offender is being	89891
sentenced for a violation of division (A)(1)(a), (b), (c), (d),	89892
(e), or (j) of this section and was confined as a result of the	89893
offense prior to being sentenced for the offense but is not	89894
sentenced to a term of incarceration, the fifty dollars shall be	89895
paid to the political subdivision that paid the cost of housing	89896
the offender during that period of confinement. The political	89897
subdivision shall use the share under this division to pay or	89898
reimburse incarceration or treatment costs it incurs in housing or	89899
providing drug and alcohol treatment to persons who violate this	89900
section or a municipal OVI ordinance, costs of any immobilizing or	89901
disabling device used on the offender's vehicle, and costs of	89902
electronic house arrest equipment needed for persons who violate	89903
this section.	89904

(c) Twenty-five dollars of the fine imposed under division	89905
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	89906
division (G)(1)(b)(iii) of this section shall be deposited into	89907
the county or municipal indigent drivers' alcohol treatment fund	89908
under the control of that court, as created by the county or	89909
municipal corporation under division (F) of section 4511.191 of	89910
the Revised Code.	89911

(d) One hundred fifteen dollars of the fine imposed under	89912
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	89913
fine imposed under division (G)(1)(c)(iii), and four hundred forty	89914
dollars of the fine imposed under division (G)(1)(d)(iii) or	89915
(e)(iii) of this section shall be paid to the political	89916
subdivision that pays the cost of housing the offender during the	89917
offender's term of incarceration. The political subdivision shall	89918
use this share to pay or reimburse incarceration or treatment	89919
costs it incurs in housing or providing drug and alcohol treatment	89920
to persons who violate this section or a municipal OVI ordinance,	89921
costs for any immobilizing or disabling device used on the	89922
offender's vehicle, and costs of electronic house arrest equipment	89923
needed for persons who violate this section.	89924

(e) Fifty dollars of the fine imposed under divisions	89925
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii),	89926
and (G)(1)(e)(iii) of this section shall be deposited into the	89927
special projects fund of the court in which the offender was	89928
convicted and that is established under division (E)(1) of section	89929
2303.201, division (B)(1) of section 1901.26, or division (B)(1)	89930
of section 1907.24 of the Revised Code, to be used exclusively to	89931
cover the cost of immobilizing or disabling devices, including	89932
certified ignition interlock devices, and remote alcohol	89933
monitoring devices for indigent offenders who are required by a	89934
judge to use either of these devices. If the court in which the	89935
offender was convicted does not have a special projects fund that	89936
is established under division (E)(1) of section 2303.201, division	89937
(B)(1) of section 1901.26, or division (B)(1) of section 1907.24	89938
of the Revised Code, the fifty dollars shall be deposited into the	89939
indigent drivers interlock and alcohol monitoring fund under	89940
division (I) of section 4511.191 of the Revised Code.	89941

(f) Seventy-five dollars of the fine imposed under division	89942
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine	89943
imposed under division (G)(1)(b)(iii), two hundred fifty dollars	89944
of the fine imposed under division (G)(1)(c)(iii), and five	89945
hundred dollars of the fine imposed under division (G)(1)(d)(iii)	89946
or (e)(iii) of this section shall be transmitted to the treasurer	89947
of state for deposit into the indigent defense support fund	89948
established under section 120.08 of the Revised Code.	89949

(g) The balance of the fine imposed under division	89950
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	89951
section shall be disbursed as otherwise provided by law.	89952

(6) If title to a motor vehicle that is subject to an order	89953
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	89954
this section is assigned or transferred and division (B)(2) or (3)	89955
of section 4503.234 of the Revised Code applies, in addition to or	89956
independent of any other penalty established by law, the court may	89957
fine the offender the value of the vehicle as determined by	89958
publications of the national automobile dealers association. The	89959
proceeds of any fine so imposed shall be distributed in accordance	89960
with division (C)(2) of that section.	89961

(7) In all cases in which an offender is sentenced under	89962
division (G) of this section, the offender shall provide the court	89963
with proof of financial responsibility as defined in section	89964
4509.01 of the Revised Code. If the offender fails to provide that	89965
proof of financial responsibility, the court, in addition to any	89966
other penalties provided by law, may order restitution pursuant to	89967
section 2929.18 or 2929.28 of the Revised Code in an amount not	89968
exceeding five thousand dollars for any economic loss arising from	89969
an accident or collision that was the direct and proximate result	89970
of the offender's operation of the vehicle before, during, or	89971
after committing the offense for which the offender is sentenced	89972
under division (G) of this section.	89973

(8) As used in division (G) of this section, "electronic	89974
monitoring," "mandatory prison term," and "mandatory term of local	89975
incarceration" have the same meanings as in section 2929.01 of the	89976
Revised Code.	89977

(H) Whoever violates division (B) of this section is guilty	89978
of operating a vehicle after underage alcohol consumption and	89979
shall be punished as follows:	89980

(1) Except as otherwise provided in division (H)(2) of this	89981
section, the offender is guilty of a misdemeanor of the fourth	89982
degree. In addition to any other sanction imposed for the offense,	89983
the court shall impose a class six suspension of the offender's	89984
driver's license, commercial driver's license, temporary	89985
instruction permit, probationary license, or nonresident operating	89986
privilege from the range specified in division (A)(6) of section	89987
4510.02 of the Revised Code.	89988

(2) If, within one year of the offense, the offender	89989
previously has been convicted of or pleaded guilty to one or more	89990
violations of division (A) or (B) of this section or other	89991
equivalent offenses, the offender is guilty of a misdemeanor of	89992
the third degree. In addition to any other sanction imposed for	89993
the offense, the court shall impose a class four suspension of the	89994
offender's driver's license, commercial driver's license,	89995
temporary instruction permit, probationary license, or nonresident	89996
operating privilege from the range specified in division (A)(4) of	89997
section 4510.02 of the Revised Code.	89998

(3) If the offender also is convicted of or also pleads	89999
guilty to a specification of the type described in section	90000
2941.1416 of the Revised Code and if the court imposes a jail term	90001
for the violation of division (B) of this section, the court shall	90002
impose upon the offender an additional definite jail term pursuant	90003
to division (E) of section 2929.24 of the Revised Code.	90004

(4) The offender shall provide the court with proof of	90005
financial responsibility as defined in section 4509.01 of the	90006
Revised Code. If the offender fails to provide that proof of	90007
financial responsibility, then, in addition to any other penalties	90008
provided by law, the court may order restitution pursuant to	90009
section 2929.28 of the Revised Code in an amount not exceeding	90010
five thousand dollars for any economic loss arising from an	90011
accident or collision that was the direct and proximate result of	90012
the offender's operation of the vehicle before, during, or after	90013
committing the violation of division (B) of this section.	90014

(I)(1) No court shall sentence an offender to an alcohol	90015
treatment program under this section unless the treatment program	90016
complies with the minimum standards for alcohol treatment programs	90017
adopted under Chapter ~~3793.~~5119. of the Revised Code by the	90018
director of ~~alcohol and drug addiction services~~mental health and	90019
addiction services.	90020

(2) An offender who stays in a drivers' intervention program	90021
or in an alcohol treatment program under an order issued under	90022
this section shall pay the cost of the stay in the program.	90023
However, if the court determines that an offender who stays in an	90024
alcohol treatment program under an order issued under this section	90025
is unable to pay the cost of the stay in the program, the court	90026
may order that the cost be paid from the court's indigent drivers'	90027
alcohol treatment fund.	90028

(J) If a person whose driver's or commercial driver's license	90029
or permit or nonresident operating privilege is suspended under	90030
this section files an appeal regarding any aspect of the person's	90031
trial or sentence, the appeal itself does not stay the operation	90032
of the suspension.	90033

(K) Division (A)(1)(j) of this section does not apply to a	90034
person who operates a vehicle, streetcar, or trackless trolley	90035
while the person has a concentration of a listed controlled	90036
substance or a listed metabolite of a controlled substance in the	90037
person's whole blood, blood serum or plasma, or urine that equals	90038
or exceeds the amount specified in that division, if both of the	90039
following apply:	90040

(1) The person obtained the controlled substance pursuant to	90041
a prescription issued by a licensed health professional authorized	90042
to prescribe drugs.	90043

(2) The person injected, ingested, or inhaled the controlled	90044
substance in accordance with the health professional's directions.	90045

(L) The prohibited concentrations of a controlled substance	90046
or a metabolite of a controlled substance listed in division	90047
(A)(1)(j) of this section also apply in a prosecution of a	90048
violation of division (D) of section 2923.16 of the Revised Code	90049
in the same manner as if the offender is being prosecuted for a	90050
prohibited concentration of alcohol.	90051

(M) All terms defined in section 4510.01 of the Revised Code	90052
apply to this section. If the meaning of a term defined in section	90053
4510.01 of the Revised Code conflicts with the meaning of the same	90054
term as defined in section 4501.01 or 4511.01 of the Revised Code,	90055
the term as defined in section 4510.01 of the Revised Code applies	90056
to this section.	90057

(N)(1) The Ohio Traffic Rules in effect on January 1, 2004,	90058
as adopted by the supreme court under authority of section 2937.46	90059
of the Revised Code, do not apply to felony violations of this	90060
section. Subject to division (N)(2) of this section, the Rules of	90061
Criminal Procedure apply to felony violations of this section.	90062

(2) If, on or after January 1, 2004, the supreme court	90063
modifies the Ohio Traffic Rules to provide procedures to govern	90064
felony violations of this section, the modified rules shall apply	90065
to felony violations of this section.	90066

Sec. 4511.191. (A)(1) As used in this section:

90067

(a) "Physical control" has the same meaning as in section	90068
4511.194 of the Revised Code.	90069

(b) "Alcohol monitoring device" means any device that	90070
provides for continuous alcohol monitoring, any ignition interlock	90071
device, any immobilizing or disabling device other than an	90072
ignition interlock device that is constantly available to monitor	90073
the concentration of alcohol in a person's system, or any other	90074
device that provides for the automatic testing and periodic	90075
reporting of alcohol consumption by a person and that a court	90076
orders a person to use as a sanction imposed as a result of the	90077
person's conviction of or plea of guilty to an offense.	90078

(2) Any person who operates a vehicle, streetcar, or	90079
trackless trolley upon a highway or any public or private property	90080
used by the public for vehicular travel or parking within this	90081
state or who is in physical control of a vehicle, streetcar, or	90082
trackless trolley shall be deemed to have given consent to a	90083
chemical test or tests of the person's whole blood, blood serum or	90084
plasma, breath, or urine to determine the alcohol, drug of abuse,	90085
controlled substance, metabolite of a controlled substance, or	90086
combination content of the person's whole blood, blood serum or	90087
plasma, breath, or urine if arrested for a violation of division	90088
(A) or (B) of section 4511.19 of the Revised Code, section	90089
4511.194 of the Revised Code or a substantially equivalent	90090
municipal ordinance, or a municipal OVI ordinance.	90091

(3) The chemical test or tests under division (A)(2) of this	90092
section shall be administered at the request of a law enforcement	90093
officer having reasonable grounds to believe the person was	90094
operating or in physical control of a vehicle, streetcar, or	90095
trackless trolley in violation of a division, section, or	90096
ordinance identified in division (A)(2) of this section. The law	90097
enforcement agency by which the officer is employed shall	90098
designate which of the tests shall be administered.	90099

(4) Any person who is dead or unconscious, or who otherwise	90100
is in a condition rendering the person incapable of refusal, shall	90101
be deemed to have consented as provided in division (A)(2) of this	90102
section, and the test or tests may be administered, subject to	90103
sections 313.12 to 313.16 of the Revised Code.	90104

(5)(a) If a law enforcement officer arrests a person for a	90105
violation of division (A) or (B) of section 4511.19 of the Revised	90106
Code, section 4511.194 of the Revised Code or a substantially	90107
equivalent municipal ordinance, or a municipal OVI ordinance and	90108
if the person if convicted would be required to be sentenced under	90109
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	90110
Code, the law enforcement officer shall request the person to	90111
submit, and the person shall submit, to a chemical test or tests	90112
of the person's whole blood, blood serum or plasma, breath, or	90113
urine for the purpose of determining the alcohol, drug of abuse,	90114
controlled substance, metabolite of a controlled substance, or	90115
combination content of the person's whole blood, blood serum or	90116
plasma, breath, or urine. A law enforcement officer who makes a	90117
request pursuant to this division that a person submit to a	90118
chemical test or tests is not required to advise the person of the	90119
consequences of submitting to, or refusing to submit to, the test	90120
or tests and is not required to give the person the form described	90121
in division (B) of section 4511.192 of the Revised Code, but the	90122
officer shall advise the person at the time of the arrest that if	90123
the person refuses to take a chemical test the officer may employ	90124
whatever reasonable means are necessary to ensure that the person	90125
submits to a chemical test of the person's whole blood or blood	90126
serum or plasma. The officer shall also advise the person at the	90127
time of the arrest that the person may have an independent	90128
chemical test taken at the person's own expense. Divisions (A)(3)	90129
and (4) of this section apply to the administration of a chemical	90130
test or tests pursuant to this division.	90131

(b) If a person refuses to submit to a chemical test upon a	90132
request made pursuant to division (A)(5)(a) of this section, the	90133
law enforcement officer who made the request may employ whatever	90134
reasonable means are necessary to ensure that the person submits	90135
to a chemical test of the person's whole blood or blood serum or	90136
plasma. A law enforcement officer who acts pursuant to this	90137
division to ensure that a person submits to a chemical test of the	90138
person's whole blood or blood serum or plasma is immune from	90139
criminal and civil liability based upon a claim for assault and	90140
battery or any other claim for the acts, unless the officer so	90141
acted with malicious purpose, in bad faith, or in a wanton or	90142
reckless manner.	90143

(B)(1) Upon receipt of the sworn report of a law enforcement	90144
officer who arrested a person for a violation of division (A) or	90145
(B) of section 4511.19 of the Revised Code, section 4511.194 of	90146
the Revised Code or a substantially equivalent municipal	90147
ordinance, or a municipal OVI ordinance that was completed and	90148
sent to the registrar of motor vehicles and a court pursuant to	90149
section 4511.192 of the Revised Code in regard to a person who	90150
refused to take the designated chemical test, the registrar shall	90151
enter into the registrar's records the fact that the person's	90152
driver's or commercial driver's license or permit or nonresident	90153
operating privilege was suspended by the arresting officer under	90154
this division and that section and the period of the suspension,	90155
as determined under this section. The suspension shall be subject	90156
to appeal as provided in section 4511.197 of the Revised Code. The	90157
suspension shall be for whichever of the following periods	90158
applies:	90159

(a) Except when division (B)(1)(b), (c), or (d) of this	90160
section applies and specifies a different class or length of	90161
suspension, the suspension shall be a class C suspension for the	90162
period of time specified in division (B)(3) of section 4510.02 of	90163
the Revised Code.	90164

(b) If the arrested person, within six years of the date on	90165
which the person refused the request to consent to the chemical	90166
test, had refused one previous request to consent to a chemical	90167
test or had been convicted of or pleaded guilty to one violation	90168
of division (A) or (B) of section 4511.19 of the Revised Code or	90169
one other equivalent offense, the suspension shall be a class B	90170
suspension imposed for the period of time specified in division	90171
(B)(2) of section 4510.02 of the Revised Code.	90172

(c) If the arrested person, within six years of the date on	90173
which the person refused the request to consent to the chemical	90174
test, had refused two previous requests to consent to a chemical	90175
test, had been convicted of or pleaded guilty to two violations of	90176
division (A) or (B) of section 4511.19 of the Revised Code or	90177
other equivalent offenses, or had refused one previous request to	90178
consent to a chemical test and also had been convicted of or	90179
pleaded guilty to one violation of division (A) or (B) of section	90180
4511.19 of the Revised Code or other equivalent offenses, which	90181
violation or offense arose from an incident other than the	90182
incident that led to the refusal, the suspension shall be a class	90183
A suspension imposed for the period of time specified in division	90184
(B)(1) of section 4510.02 of the Revised Code.	90185

(d) If the arrested person, within six years of the date on	90186
which the person refused the request to consent to the chemical	90187
test, had refused three or more previous requests to consent to a	90188
chemical test, had been convicted of or pleaded guilty to three or	90189
more violations of division (A) or (B) of section 4511.19 of the	90190
Revised Code or other equivalent offenses, or had refused a number	90191
of previous requests to consent to a chemical test and also had	90192
been convicted of or pleaded guilty to a number of violations of	90193
division (A) or (B) of section 4511.19 of the Revised Code or	90194
other equivalent offenses that cumulatively total three or more	90195
such refusals, convictions, and guilty pleas, the suspension shall	90196
be for five years.	90197

(2) The registrar shall terminate a suspension of the	90198
driver's or commercial driver's license or permit of a resident or	90199
of the operating privilege of a nonresident, or a denial of a	90200
driver's or commercial driver's license or permit, imposed	90201
pursuant to division (B)(1) of this section upon receipt of notice	90202
that the person has entered a plea of guilty to, or that the	90203
person has been convicted after entering a plea of no contest to,	90204
operating a vehicle in violation of section 4511.19 of the Revised	90205
Code or in violation of a municipal OVI ordinance, if the offense	90206
for which the conviction is had or the plea is entered arose from	90207
the same incident that led to the suspension or denial.	90208

The registrar shall credit against any judicial suspension of	90209
a person's driver's or commercial driver's license or permit or	90210
nonresident operating privilege imposed pursuant to section	90211
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	90212
Revised Code for a violation of a municipal OVI ordinance, any	90213
time during which the person serves a related suspension imposed	90214
pursuant to division (B)(1) of this section.	90215

(C)(1) Upon receipt of the sworn report of the law	90216
enforcement officer who arrested a person for a violation of	90217
division (A) or (B) of section 4511.19 of the Revised Code or a	90218
municipal OVI ordinance that was completed and sent to the	90219
registrar and a court pursuant to section 4511.192 of the Revised	90220
Code in regard to a person whose test results indicate that the	90221
person's whole blood, blood serum or plasma, breath, or urine	90222
contained at least the concentration of alcohol specified in	90223
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	90224
Revised Code or at least the concentration of a listed controlled	90225
substance or a listed metabolite of a controlled substance	90226
specified in division (A)(1)(j) of section 4511.19 of the Revised	90227
Code, the registrar shall enter into the registrar's records the	90228
fact that the person's driver's or commercial driver's license or	90229
permit or nonresident operating privilege was suspended by the	90230
arresting officer under this division and section 4511.192 of the	90231
Revised Code and the period of the suspension, as determined under	90232
divisions (C)(1)(a) to (d) of this section. The suspension shall	90233
be subject to appeal as provided in section 4511.197 of the	90234
Revised Code. The suspension described in this division does not	90235
apply to, and shall not be imposed upon, a person arrested for a	90236
violation of section 4511.194 of the Revised Code or a	90237
substantially equivalent municipal ordinance who submits to a	90238
designated chemical test. The suspension shall be for whichever of	90239
the following periods applies:	90240

(a) Except when division (C)(1)(b), (c), or (d) of this	90241
section applies and specifies a different period, the suspension	90242
shall be a class E suspension imposed for the period of time	90243
specified in division (B)(5) of section 4510.02 of the Revised	90244
Code.	90245

(b) The suspension shall be a class C suspension for the	90246
period of time specified in division (B)(3) of section 4510.02 of	90247
the Revised Code if the person has been convicted of or pleaded	90248
guilty to, within six years of the date the test was conducted,	90249
one violation of division (A) or (B) of section 4511.19 of the	90250
Revised Code or one other equivalent offense.	90251

(c) If, within six years of the date the test was conducted,	90252
the person has been convicted of or pleaded guilty to two	90253
violations of a statute or ordinance described in division	90254
(C)(1)(b) of this section, the suspension shall be a class B	90255
suspension imposed for the period of time specified in division	90256
(B)(2) of section 4510.02 of the Revised Code.	90257

(d) If, within six years of the date the test was conducted,	90258
the person has been convicted of or pleaded guilty to more than	90259
two violations of a statute or ordinance described in division	90260
(C)(1)(b) of this section, the suspension shall be a class A	90261
suspension imposed for the period of time specified in division	90262
(B)(1) of section 4510.02 of the Revised Code.	90263

(2) The registrar shall terminate a suspension of the	90264
driver's or commercial driver's license or permit of a resident or	90265
of the operating privilege of a nonresident, or a denial of a	90266
driver's or commercial driver's license or permit, imposed	90267
pursuant to division (C)(1) of this section upon receipt of notice	90268
that the person has entered a plea of guilty to, or that the	90269
person has been convicted after entering a plea of no contest to,	90270
operating a vehicle in violation of section 4511.19 of the Revised	90271
Code or in violation of a municipal OVI ordinance, if the offense	90272
for which the conviction is had or the plea is entered arose from	90273
the same incident that led to the suspension or denial.	90274

The registrar shall credit against any judicial suspension of	90275
a person's driver's or commercial driver's license or permit or	90276
nonresident operating privilege imposed pursuant to section	90277
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	90278
Revised Code for a violation of a municipal OVI ordinance, any	90279
time during which the person serves a related suspension imposed	90280
pursuant to division (C)(1) of this section.	90281

(D)(1) A suspension of a person's driver's or commercial	90282
driver's license or permit or nonresident operating privilege	90283
under this section for the time described in division (B) or (C)	90284
of this section is effective immediately from the time at which	90285
the arresting officer serves the notice of suspension upon the	90286
arrested person. Any subsequent finding that the person is not	90287
guilty of the charge that resulted in the person being requested	90288
to take the chemical test or tests under division (A) of this	90289
section does not affect the suspension.	90290

(2) If a person is arrested for operating a vehicle,	90291
streetcar, or trackless trolley in violation of division (A) or	90292
(B) of section 4511.19 of the Revised Code or a municipal OVI	90293
ordinance, or for being in physical control of a vehicle,	90294
streetcar, or trackless trolley in violation of section 4511.194	90295
of the Revised Code or a substantially equivalent municipal	90296
ordinance, regardless of whether the person's driver's or	90297
commercial driver's license or permit or nonresident operating	90298
privilege is or is not suspended under division (B) or (C) of this	90299
section or Chapter 4510. of the Revised Code, the person's initial	90300
appearance on the charge resulting from the arrest shall be held	90301
within five days of the person's arrest or the issuance of the	90302
citation to the person, subject to any continuance granted by the	90303
court pursuant to section 4511.197 of the Revised Code regarding	90304
the issues specified in that division.	90305

(E) When it finally has been determined under the procedures	90306
of this section and sections 4511.192 to 4511.197 of the Revised	90307
Code that a nonresident's privilege to operate a vehicle within	90308
this state has been suspended, the registrar shall give	90309
information in writing of the action taken to the motor vehicle	90310
administrator of the state of the person's residence and of any	90311
state in which the person has a license.	90312

(F) At the end of a suspension period under this section,	90313
under section 4511.194, section 4511.196, or division (G) of	90314
section 4511.19 of the Revised Code, or under section 4510.07 of	90315
the Revised Code for a violation of a municipal OVI ordinance and	90316
upon the request of the person whose driver's or commercial	90317
driver's license or permit was suspended and who is not otherwise	90318
subject to suspension, cancellation, or disqualification, the	90319
registrar shall return the driver's or commercial driver's license	90320
or permit to the person upon the occurrence of all of the	90321
conditions specified in divisions (F)(1) and (2) of this section:	90322

(1) A showing that the person has proof of financial	90323
responsibility, a policy of liability insurance in effect that	90324
meets the minimum standards set forth in section 4509.51 of the	90325
Revised Code, or proof, to the satisfaction of the registrar, that	90326
the person is able to respond in damages in an amount at least	90327
equal to the minimum amounts specified in section 4509.51 of the	90328
Revised Code.	90329

(2) Subject to the limitation contained in division (F)(3) of	90330
this section, payment by the person to the registrar or an	90331
eligible deputy registrar of a license reinstatement fee of four	90332
hundred seventy-five dollars, which fee shall be deposited in the	90333
state treasury and credited as follows:	90334

(a) One hundred twelve dollars and fifty cents shall be	90335
credited to the statewide treatment and prevention fund created by	90336
section 4301.30 of the Revised Code. Money credited to the fund	90337
under this section shall be used for purposes identified ~~in the~~	90338
~~comprehensive statewide alcohol and drug addiction services plan~~	90339
~~developed~~ under section ~~3793.04~~5119.22 of the Revised Code.	90340

(b) Seventy-five dollars shall be credited to the reparations	90341
fund created by section 2743.191 of the Revised Code.	90342

(c) Thirty-seven dollars and fifty cents shall be credited to	90343
the indigent drivers alcohol treatment fund, which is hereby	90344
established in the state treasury. Except as otherwise provided in	90345
division (F)(2)(c) of this section, moneys in the fund shall be	90346
distributed by the department of ~~alcohol and drug addiction~~	90347
~~services~~mental health and addiction services to the county	90348
indigent drivers alcohol treatment funds, the county juvenile	90349
indigent drivers alcohol treatment funds, and the municipal	90350
indigent drivers alcohol treatment funds that are required to be	90351
established by counties and municipal corporations pursuant to	90352
division (H) of this section, and shall be used only to pay the	90353
cost of an alcohol and drug addiction treatment program attended	90354
by an offender or juvenile traffic offender who is ordered to	90355
attend an alcohol and drug addiction treatment program by a	90356
county, juvenile, or municipal court judge and who is determined	90357
by the county, juvenile, or municipal court judge not to have the	90358
means to pay for the person's attendance at the program or to pay	90359
the costs specified in division (H)(4) of this section in	90360
accordance with that division. In addition, a county, juvenile, or	90361
municipal court judge may use moneys in the county indigent	90362
drivers alcohol treatment fund, county juvenile indigent drivers	90363
alcohol treatment fund, or municipal indigent drivers alcohol	90364
treatment fund to pay for the cost of the continued use of an	90365
alcohol monitoring device as described in divisions (H)(3) and (4)	90366
of this section. Moneys in the fund that are not distributed to a	90367
county indigent drivers alcohol treatment fund, a county juvenile	90368
indigent drivers alcohol treatment fund, or a municipal indigent	90369
drivers alcohol treatment fund under division (H) of this section	90370
because the director of ~~alcohol and drug addiction services~~mental	90371
health and addiction services does not have the information	90372
necessary to identify the county or municipal corporation where	90373
the offender or juvenile offender was arrested may be transferred	90374
by the director of budget and management to the statewide	90375
treatment and prevention fund created by section 4301.30 of the	90376
Revised Code, upon certification of the amount by the director of	90377
~~alcohol and drug addiction services~~mental health and addiction	90378
services.	90379

(d) Seventy-five dollars shall be credited to the ~~Ohio~~	90380
~~rehabilitation services commission~~opportunities for Ohioans with	90381
disabilities agency established by section ~~3304.12~~3304.15 of the	90382
Revised Code, to the services for rehabilitation fund, which is	90383
hereby established. The fund shall be used to match available	90384
federal matching funds where appropriate, and for any other	90385
purpose or program of the ~~commission~~agency to rehabilitate ~~people~~	90386
persons with disabilities to help them become employed and	90387
independent.	90388

(e) Seventy-five dollars shall be deposited into the state	90389
treasury and credited to the drug abuse resistance education	90390
programs fund, which is hereby established, to be used by the	90391
attorney general for the purposes specified in division (F)(4) of	90392
this section.	90393

(f) Thirty dollars shall be credited to the state bureau of	90394
motor vehicles fund created by section 4501.25 of the Revised	90395
Code.	90396

(g) Twenty dollars shall be credited to the trauma and	90397
emergency medical services fund created by section 4513.263 of the	90398
Revised Code.	90399

(h) Fifty dollars shall be credited to the indigent drivers	90400
interlock and alcohol monitoring fund, which is hereby established	90401
in the state treasury. Moneys in the fund shall be distributed by	90402
the department of public safety to the county indigent drivers	90403
interlock and alcohol monitoring funds, the county juvenile	90404
indigent drivers interlock and alcohol monitoring funds, and the	90405
municipal indigent drivers interlock and alcohol monitoring funds	90406
that are required to be established by counties and municipal	90407
corporations pursuant to this section, and shall be used only to	90408
pay the cost of an immobilizing or disabling device, including a	90409
certified ignition interlock device, or an alcohol monitoring	90410
device used by an offender or juvenile offender who is ordered to	90411
use the device by a county, juvenile, or municipal court judge and	90412
who is determined by the county, juvenile, or municipal court	90413
judge not to have the means to pay for the person's use of the	90414
device.	90415

(3) If a person's driver's or commercial driver's license or	90416
permit is suspended under this section, under section 4511.196 or	90417
division (G) of section 4511.19 of the Revised Code, under section	90418
4510.07 of the Revised Code for a violation of a municipal OVI	90419
ordinance or under any combination of the suspensions described in	90420
division (F)(3) of this section, and if the suspensions arise from	90421
a single incident or a single set of facts and circumstances, the	90422
person is liable for payment of, and shall be required to pay to	90423
the registrar or an eligible deputy registrar, only one	90424
reinstatement fee of four hundred seventy-five dollars. The	90425
reinstatement fee shall be distributed by the bureau in accordance	90426
with division (F)(2) of this section.	90427

(4) The attorney general shall use amounts in the drug abuse	90428
resistance education programs fund to award grants to law	90429
enforcement agencies to establish and implement drug abuse	90430
resistance education programs in public schools. Grants awarded to	90431
a law enforcement agency under this section shall be used by the	90432
agency to pay for not more than fifty per cent of the amount of	90433
the salaries of law enforcement officers who conduct drug abuse	90434
resistance education programs in public schools. The attorney	90435
general shall not use more than six per cent of the amounts the	90436
attorney general's office receives under division (F)(2)(e) of	90437
this section to pay the costs it incurs in administering the grant	90438
program established by division (F)(2)(e) of this section and in	90439
providing training and materials relating to drug abuse resistance	90440
education programs.	90441

The attorney general shall report to the governor and the	90442
general assembly each fiscal year on the progress made in	90443
establishing and implementing drug abuse resistance education	90444
programs. These reports shall include an evaluation of the	90445
effectiveness of these programs.	90446

(5) In addition to the reinstatement fee under this section,	90447
if the person pays the reinstatement fee to a deputy registrar,	90448
the deputy registrar shall collect a service fee of ten dollars to	90449
compensate the deputy registrar for services performed under this	90450
section. The deputy registrar shall retain eight dollars of the	90451
service fee and shall transmit the reinstatement fee, plus two	90452
dollars of the service fee, to the registrar in the manner the	90453
registrar shall determine.	90454

(G) Suspension of a commercial driver's license under	90455
division (B) or (C) of this section shall be concurrent with any	90456
period of disqualification under section 3123.611 or 4506.16 of	90457
the Revised Code or any period of suspension under section 3123.58	90458
of the Revised Code. No person who is disqualified for life from	90459
holding a commercial driver's license under section 4506.16 of the	90460
Revised Code shall be issued a driver's license under Chapter	90461
4507. of the Revised Code during the period for which the	90462
commercial driver's license was suspended under division (B) or	90463
(C) of this section. No person whose commercial driver's license	90464
is suspended under division (B) or (C) of this section shall be	90465
issued a driver's license under Chapter 4507. of the Revised Code	90466
during the period of the suspension.	90467

(H)(1) Each county shall establish an indigent drivers	90468
alcohol treatment fund, each county shall establish a juvenile	90469
indigent drivers alcohol treatment fund, and each municipal	90470
corporation in which there is a municipal court shall establish an	90471
indigent drivers alcohol treatment fund. All revenue that the	90472
general assembly appropriates to the indigent drivers alcohol	90473
treatment fund for transfer to a county indigent drivers alcohol	90474
treatment fund, a county juvenile indigent drivers alcohol	90475
treatment fund, or a municipal indigent drivers alcohol treatment	90476
fund, all portions of fees that are paid under division (F) of	90477
this section and that are credited under that division to the	90478
indigent drivers alcohol treatment fund in the state treasury for	90479
a county indigent drivers alcohol treatment fund, a county	90480
juvenile indigent drivers alcohol treatment fund, or a municipal	90481
indigent drivers alcohol treatment fund, all portions of	90482
additional costs imposed under section 2949.094 of the Revised	90483
Code that are specified for deposit into a county, county	90484
juvenile, or municipal indigent drivers alcohol treatment fund by	90485
that section, and all portions of fines that are specified for	90486
deposit into a county or municipal indigent drivers alcohol	90487
treatment fund by section 4511.193 of the Revised Code shall be	90488
deposited into that county indigent drivers alcohol treatment	90489
fund, county juvenile indigent drivers alcohol treatment fund, or	90490
municipal indigent drivers alcohol treatment fund. The portions of	90491
the fees paid under division (F) of this section that are to be so	90492
deposited shall be determined in accordance with division (H)(2)	90493
of this section. Additionally, all portions of fines that are paid	90494
for a violation of section 4511.19 of the Revised Code or of any	90495
prohibition contained in Chapter 4510. of the Revised Code, and	90496
that are required under section 4511.19 or any provision of	90497
Chapter 4510. of the Revised Code to be deposited into a county	90498
indigent drivers alcohol treatment fund or municipal indigent	90499
drivers alcohol treatment fund shall be deposited into the	90500
appropriate fund in accordance with the applicable division of the	90501
section or provision.	90502

(2) That portion of the license reinstatement fee that is	90503
paid under division (F) of this section and that is credited under	90504
that division to the indigent drivers alcohol treatment fund shall	90505
be deposited into a county indigent drivers alcohol treatment	90506
fund, a county juvenile indigent drivers alcohol treatment fund,	90507
or a municipal indigent drivers alcohol treatment fund as follows:	90508

(a) Regarding a suspension imposed under this section, that	90509
portion of the fee shall be deposited as follows:	90510

(i) If the fee is paid by a person who was charged in a	90511
county court with the violation that resulted in the suspension or	90512
in the imposition of the court costs, the portion shall be	90513
deposited into the county indigent drivers alcohol treatment fund	90514
under the control of that court;	90515

(ii) If the fee is paid by a person who was charged in a	90516
juvenile court with the violation that resulted in the suspension	90517
or in the imposition of the court costs, the portion shall be	90518
deposited into the county juvenile indigent drivers alcohol	90519
treatment fund established in the county served by the court;	90520

(iii) If the fee is paid by a person who was charged in a	90521
municipal court with the violation that resulted in the suspension	90522
or in the imposition of the court costs, the portion shall be	90523
deposited into the municipal indigent drivers alcohol treatment	90524
fund under the control of that court.	90525

(b) Regarding a suspension imposed under section 4511.19 of	90526
the Revised Code or under section 4510.07 of the Revised Code for	90527
a violation of a municipal OVI ordinance, that portion of the fee	90528
shall be deposited as follows:	90529

(i) If the fee is paid by a person whose license or permit	90530
was suspended by a county court, the portion shall be deposited	90531
into the county indigent drivers alcohol treatment fund under the	90532
control of that court;	90533

(ii) If the fee is paid by a person whose license or permit	90534
was suspended by a municipal court, the portion shall be deposited	90535
into the municipal indigent drivers alcohol treatment fund under	90536
the control of that court.	90537

(3) Expenditures from a county indigent drivers alcohol	90538
treatment fund, a county juvenile indigent drivers alcohol	90539
treatment fund, or a municipal indigent drivers alcohol treatment	90540
fund shall be made only upon the order of a county, juvenile, or	90541
municipal court judge and only for payment of the cost of an	90542
assessment or the cost of the attendance at an alcohol and drug	90543
addiction treatment program of a person who is convicted of, or	90544
found to be a juvenile traffic offender by reason of, a violation	90545
of division (A) of section 4511.19 of the Revised Code or a	90546
substantially similar municipal ordinance, who is ordered by the	90547
court to attend the alcohol and drug addiction treatment program,	90548
and who is determined by the court to be unable to pay the cost of	90549
the assessment or the cost of attendance at the treatment program	90550
or for payment of the costs specified in division (H)(4) of this	90551
section in accordance with that division. The alcohol and drug	90552
addiction services board or the board of alcohol, drug addiction,	90553
and mental health services established pursuant to section 340.02	90554
or 340.021 of the Revised Code and serving the alcohol, drug	90555
addiction, and mental health service district in which the court	90556
is located shall administer the indigent drivers alcohol treatment	90557
program of the court. When a court orders an offender or juvenile	90558
traffic offender to obtain an assessment or attend an alcohol and	90559
drug addiction treatment program, the board shall determine which	90560
program is suitable to meet the needs of the offender or juvenile	90561
traffic offender, and when a suitable program is located and space	90562
is available at the program, the offender or juvenile traffic	90563
offender shall attend the program designated by the board. A	90564
reasonable amount not to exceed five per cent of the amounts	90565
credited to and deposited into the county indigent drivers alcohol	90566
treatment fund, the county juvenile indigent drivers alcohol	90567
treatment fund, or the municipal indigent drivers alcohol	90568
treatment fund serving every court whose program is administered	90569
by that board shall be paid to the board to cover the costs it	90570
incurs in administering those indigent drivers alcohol treatment	90571
programs.	90572

In addition, upon exhaustion of moneys in the indigent	90573
drivers interlock and alcohol monitoring fund for the use of an	90574
alcohol monitoring device, a county, juvenile, or municipal court	90575
judge may use moneys in the county indigent drivers alcohol	90576
treatment fund, county juvenile indigent drivers alcohol treatment	90577
fund, or municipal indigent drivers alcohol treatment fund in the	90578
following manners:	90579

(a) If the source of the moneys was an appropriation of the	90580
general assembly, a portion of a fee that was paid under division	90581
(F) of this section, a portion of a fine that was specified for	90582
deposit into the fund by section 4511.193 of the Revised Code, or	90583
a portion of a fine that was paid for a violation of section	90584
4511.19 of the Revised Code or of a provision contained in Chapter	90585
4510. of the Revised Code that was required to be deposited into	90586
the fund, to pay for the continued use of an alcohol monitoring	90587
device by an offender or juvenile traffic offender, in conjunction	90588
with a treatment program approved by the department of ~~alcohol and~~	90589
~~drug addiction services~~mental health and addiction services, when	90590
such use is determined clinically necessary by the treatment	90591
program and when the court determines that the offender or	90592
juvenile traffic offender is unable to pay all or part of the	90593
daily monitoring or cost of the device;	90594

(b) If the source of the moneys was a portion of an	90595
additional court cost imposed under section 2949.094 of the	90596
Revised Code, to pay for the continued use of an alcohol	90597
monitoring device by an offender or juvenile traffic offender when	90598
the court determines that the offender or juvenile traffic	90599
offender is unable to pay all or part of the daily monitoring or	90600
cost of the device. The moneys may be used for a device as	90601
described in this division if the use of the device is in	90602
conjunction with a treatment program approved by the department of	90603
~~alcohol and drug addiction services~~mental health and addiction	90604
services, when the use of the device is determined clinically	90605
necessary by the treatment program, but the use of a device is not	90606
required to be in conjunction with a treatment program approved by	90607
the department in order for the moneys to be used for the device	90608
as described in this division.	90609

(4) If a county, juvenile, or municipal court determines, in	90610
consultation with the alcohol and drug addiction services board or	90611
the board of alcohol, drug addiction, and mental health services	90612
established pursuant to section 340.02 or 340.021 of the Revised	90613
Code and serving the alcohol, drug addiction, and mental health	90614
district in which the court is located, that the funds in the	90615
county indigent drivers alcohol treatment fund, the county	90616
juvenile indigent drivers alcohol treatment fund, or the municipal	90617
indigent drivers alcohol treatment fund under the control of the	90618
court are more than sufficient to satisfy the purpose for which	90619
the fund was established, as specified in divisions (H)(1) to (3)	90620
of this section, the court may declare a surplus in the fund. If	90621
the court declares a surplus in the fund, the court may expend the	90622
amount of the surplus in the fund for:	90623

(a) Alcohol and drug abuse assessment and treatment of	90624
persons who are charged in the court with committing a criminal	90625
offense or with being a delinquent child or juvenile traffic	90626
offender and in relation to whom both of the following apply:	90627

(i) The court determines that substance abuse was a	90628
contributing factor leading to the criminal or delinquent activity	90629
or the juvenile traffic offense with which the person is charged.	90630

(ii) The court determines that the person is unable to pay	90631
the cost of the alcohol and drug abuse assessment and treatment	90632
for which the surplus money will be used.	90633

(b) All or part of the cost of purchasing alcohol monitoring	90634
devices to be used in conjunction with division (H)(3) of this	90635
section, upon exhaustion of moneys in the indigent drivers	90636
interlock and alcohol monitoring fund for the use of an alcohol	90637
monitoring device.	90638

(5) For the purpose of determining as described in division	90639
(F)(2)(c) of this section whether an offender does not have the	90640
means to pay for the offender's attendance at an alcohol and drug	90641
addiction treatment program or whether an alleged offender or	90642
delinquent child is unable to pay the costs specified in division	90643
(H)(4) of this section, the court shall use the indigent client	90644
eligibility guidelines and the standards of indigency established	90645
by the state public defender to make the determination.	90646

(6) The court shall identify and refer any ~~alcohol and drug~~	90647
community addiction ~~program~~services provider that is not	90648
certified under section ~~3793.06~~5119.36 of the Revised Code and	90649
that is interested in receiving amounts from the surplus in the	90650
fund declared under division (H)(4) of this section to the	90651
department of ~~alcohol and drug addiction services~~mental health	90652
and addiction services in order for the ~~program~~services provider	90653
to become a certified ~~alcohol and drug~~community addiction	90654
~~program~~services provider. The department shall keep a record of	90655
applicant referrals received pursuant to this division and shall	90656
submit a report on the referrals each year to the general	90657
assembly. If a ~~program~~services provider interested in becoming	90658
certified makes an application to become certified pursuant to	90659
section ~~3793.06~~5119.36 of the Revised Code, the ~~program~~services	90660
provider is eligible to receive surplus funds as long as the	90661
application is pending with the department. The department of	90662
~~alcohol and drug addiction services~~mental health and addiction	90663
services must offer technical assistance to the applicant. If the	90664
interested ~~program~~services provider withdraws the certification	90665
application, the department must notify the court, and the court	90666
shall not provide the interested ~~program~~services provider with	90667
any further surplus funds.	90668

(7)(a) Each alcohol and drug addiction services board and	90669
board of alcohol, drug addiction, and mental health services	90670
established pursuant to section 340.02 or 340.021 of the Revised	90671
Code shall submit to the department of ~~alcohol and drug addiction~~	90672
~~services~~mental health and addiction services an annual report for	90673
each indigent drivers alcohol treatment fund in that board's area.	90674

(b) The report, which shall be submitted not later than sixty	90675
days after the end of the state fiscal year, shall provide the	90676
total payment that was made from the fund, including the number of	90677
indigent consumers that received treatment services and the number	90678
of indigent consumers that received an alcohol monitoring device.	90679
The report shall identify the treatment program and expenditure	90680
for an alcohol monitoring device for which that payment was made.	90681
The report shall include the fiscal year balance of each indigent	90682
drivers alcohol treatment fund located in that board's area. In	90683
the event that a surplus is declared in the fund pursuant to	90684
division (H)(4) of this section, the report also shall provide the	90685
total payment that was made from the surplus moneys and identify	90686
the treatment program and expenditure for an alcohol monitoring	90687
device for which that payment was made. ~~The department may require~~	90688
~~additional information necessary to complete the comprehensive~~	90689
~~statewide alcohol and drug addiction services plan as required by~~	90690
~~section 3793.04 of the Revised Code.~~	90691

(c) If a board is unable to obtain adequate information to	90692
develop the report to submit to the department for a particular	90693
indigent drivers alcohol treatment fund, the board shall submit a	90694
report detailing the effort made in obtaining the information.	90695

(I)(1) Each county shall establish an indigent drivers	90696
interlock and alcohol monitoring fund and a juvenile indigent	90697
drivers interlock and alcohol treatment fund, and each municipal	90698
corporation in which there is a municipal court shall establish an	90699
indigent drivers interlock and alcohol monitoring fund. All	90700
revenue that the general assembly appropriates to the indigent	90701
drivers interlock and alcohol monitoring fund for transfer to a	90702
county indigent drivers interlock and alcohol monitoring fund, a	90703
county juvenile indigent drivers interlock and alcohol monitoring	90704
fund, or a municipal indigent drivers interlock and alcohol	90705
monitoring fund, all portions of license reinstatement fees that	90706
are paid under division (F)(2) of this section and that are	90707
credited under that division to the indigent drivers interlock and	90708
alcohol monitoring fund in the state treasury, and all portions of	90709
fines that are paid under division (G) of section 4511.19 of the	90710
Revised Code and that are credited by division (G)(5)(e) of that	90711
section to the indigent drivers interlock and alcohol monitoring	90712
fund in the state treasury shall be deposited in the appropriate	90713
fund in accordance with division (I)(2) of this section.	90714

(2) That portion of the license reinstatement fee that is	90715
paid under division (F) of this section and that portion of the	90716
fine paid under division (G) of section 4511.19 of the Revised	90717
Code and that is credited under either division to the indigent	90718
drivers interlock and alcohol monitoring fund shall be deposited	90719
into a county indigent drivers interlock and alcohol monitoring	90720
fund, a county juvenile indigent drivers interlock and alcohol	90721
monitoring fund, or a municipal indigent drivers interlock and	90722
alcohol monitoring fund as follows:	90723

(a) If the fee or fine is paid by a person who was charged in	90724
a county court with the violation that resulted in the suspension	90725
or fine, the portion shall be deposited into the county indigent	90726
drivers interlock and alcohol monitoring fund under the control of	90727
that court.	90728

(b) If the fee or fine is paid by a person who was charged in	90729
a juvenile court with the violation that resulted in the	90730
suspension or fine, the portion shall be deposited into the county	90731
juvenile indigent drivers interlock and alcohol monitoring fund	90732
established in the county served by the court.	90733

(c) If the fee or fine is paid by a person who was charged in	90734
a municipal court with the violation that resulted in the	90735
suspension, the portion shall be deposited into the municipal	90736
indigent drivers interlock and alcohol monitoring fund under the	90737
control of that court.	90738

Sec. 4511.21. (A) No person shall operate a motor vehicle,	90739
trackless trolley, or streetcar at a speed greater or less than is	90740
reasonable or proper, having due regard to the traffic, surface,	90741
and width of the street or highway and any other conditions, and	90742
no person shall drive any motor vehicle, trackless trolley, or	90743
streetcar in and upon any street or highway at a greater speed	90744
than will permit the person to bring it to a stop within the	90745
assured clear distance ahead.	90746

(B) It is prima-facie lawful, in the absence of a lower limit	90747
declared or established pursuant to this section by the director	90748
of transportation or local authorities, for the operator of a	90749
motor vehicle, trackless trolley, or streetcar to operate the same	90750
at a speed not exceeding the following:	90751

(1)(a) Twenty miles per hour in school zones during school	90752
recess and while children are going to or leaving school during	90753
the opening or closing hours, and when twenty miles per hour	90754
school speed limit signs are erected; except that, on	90755
controlled-access highways and expressways, if the right-of-way	90756
line fence has been erected without pedestrian opening, the speed	90757
shall be governed by division (B)(4) of this section and on	90758
freeways, if the right-of-way line fence has been erected without	90759
pedestrian opening, the speed shall be governed by divisions	90760
(B)(9) and (10) of this section. The end of every school zone may	90761
be marked by a sign indicating the end of the zone. Nothing in	90762
this section or in the manual and specifications for a uniform	90763
system of traffic control devices shall be construed to require	90764
school zones to be indicated by signs equipped with flashing or	90765
other lights, or giving other special notice of the hours in which	90766
the school zone speed limit is in effect.	90767

(b) As used in this section and in section 4511.212 of the	90768
Revised Code, "school" means any school chartered under section	90769
3301.16 of the Revised Code and any nonchartered school that	90770
during the preceding year filed with the department of education	90771
in compliance with rule 3301-35-08 of the Ohio Administrative	90772
Code, a copy of the school's report for the parents of the	90773
school's pupils certifying that the school meets Ohio minimum	90774
standards for nonchartered, nontax-supported schools and presents	90775
evidence of this filing to the jurisdiction from which it is	90776
requesting the establishment of a school zone. "School" also	90777
includes a special elementary school that in writing requests the	90778
county engineer of the county in which the special elementary	90779
school is located to create a school zone at the location of that	90780
school. Upon receipt of such a written request, the county	90781
engineer shall create a school zone at that location by erecting	90782
the appropriate signs.	90783

(c) As used in this section, "school zone" means that portion	90784
of a street or highway passing a school fronting upon the street	90785
or highway that is encompassed by projecting the school property	90786
lines to the fronting street or highway, and also includes that	90787
portion of a state highway. Upon request from local authorities	90788
for streets and highways under their jurisdiction and that portion	90789
of a state highway under the jurisdiction of the director of	90790
transportation or a request from a county engineer in the case of	90791
a school zone for a special elementary school, the director may	90792
extend the traditional school zone boundaries. The distances in	90793
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	90794
exceed three hundred feet per approach per direction and are	90795
bounded by whichever of the following distances or combinations	90796
thereof the director approves as most appropriate:	90797

(i) The distance encompassed by projecting the school	90798
building lines normal to the fronting highway and extending a	90799
distance of three hundred feet on each approach direction;	90800

(ii) The distance encompassed by projecting the school	90801
property lines intersecting the fronting highway and extending a	90802
distance of three hundred feet on each approach direction;	90803

(iii) The distance encompassed by the special marking of the	90804
pavement for a principal school pupil crosswalk plus a distance of	90805
three hundred feet on each approach direction of the highway.	90806

Nothing in this section shall be construed to invalidate the	90807
director's initial action on August 9, 1976, establishing all	90808
school zones at the traditional school zone boundaries defined by	90809
projecting school property lines, except when those boundaries are	90810
extended as provided in divisions (B)(1)(a) and (c) of this	90811
section.	90812

(d) As used in this division, "crosswalk" has the meaning	90813
given that term in division (LL)(2) of section 4511.01 of the	90814
Revised Code.	90815

The director may, upon request by resolution of the	90816
legislative authority of a municipal corporation, the board of	90817
trustees of a township, or a county board of developmental	90818
disabilities created pursuant to Chapter 5126. of the Revised	90819
Code, and upon submission by the municipal corporation, township,	90820
or county board of such engineering, traffic, and other	90821
information as the director considers necessary, designate a	90822
school zone on any portion of a state route lying within the	90823
municipal corporation, lying within the unincorporated territory	90824
of the township, or lying adjacent to the property of a school	90825
that is operated by such county board, that includes a crosswalk	90826
customarily used by children going to or leaving a school during	90827
recess and opening and closing hours, whenever the distance, as	90828
measured in a straight line, from the school property line nearest	90829
the crosswalk to the nearest point of the crosswalk is no more	90830
than one thousand three hundred twenty feet. Such a school zone	90831
shall include the distance encompassed by the crosswalk and	90832
extending three hundred feet on each approach direction of the	90833
state route.	90834

(e) As used in this section, "special elementary school"	90835
means a school that meets all of the following criteria:	90836

(i) It is not chartered and does not receive tax revenue from	90837
any source.	90838

(ii) It does not educate children beyond the eighth grade.

90839

(iii) It is located outside the limits of a municipal	90840
corporation.	90841

(iv) A majority of the total number of students enrolled at	90842
the school are not related by blood.	90843

(v) The principal or other person in charge of the special	90844
elementary school annually sends a report to the superintendent of	90845
the school district in which the special elementary school is	90846
located indicating the total number of students enrolled at the	90847
school, but otherwise the principal or other person in charge does	90848
not report any other information or data to the superintendent.	90849

(2) Twenty-five miles per hour in all other portions of a	90850
municipal corporation, except on state routes outside business	90851
districts, through highways outside business districts, and	90852
alleys;	90853

(3) Thirty-five miles per hour on all state routes or through	90854
highways within municipal corporations outside business districts,	90855
except as provided in divisions (B)(4) and (6) of this section;	90856

(4) Fifty miles per hour on controlled-access highways and	90857
expressways within municipal corporations;	90858

(5) Fifty-five miles per hour on highways outside municipal	90859
corporations, other than highways within island jurisdictions as	90860
provided in division (B)(8) of this section, highways as provided	90861
in division (B)(9) of this section, and highways, expressways, and	90862
freeways as provided in divisions (B)(12), (13), (14), and (16),	90863
~~and (17)~~ of this section;	90864

(6) Fifty miles per hour on state routes within municipal	90865
corporations outside urban districts unless a lower prima-facie	90866
speed is established as further provided in this section;	90867

(7) Fifteen miles per hour on all alleys within the municipal	90868
corporation;	90869

(8) Thirty-five miles per hour on highways outside municipal	90870
corporations that are within an island jurisdiction;	90871

(9) Sixty miles per hour on two-lane state routes outside	90872
municipal corporations as established by the director under	90873
division (H)(2) of this section.	90874

(10) Fifty-five miles per hour at all times on freeways with	90875
paved shoulders inside municipal corporations, other than freeways	90876
as provided in divisions (B)~~(13),~~(14) and (16)~~, and (17)~~ of this	90877
section;	90878

(11) Fifty-five miles per hour at all times on freeways	90879
outside municipal corporations, other than freeways as provided in	90880
divisions (B)~~(13),~~(14) and (16)~~, and (17)~~ of this section;	90881

(12) ~~Fifty-five~~Sixty miles per hour for operators of any	90882
motor vehicle at all times on all portions of ~~freeways that are~~	90883
~~not part of the interstate system, but are built to the standards~~	90884
~~and specifications that are applicable to freeways that are part~~	90885
~~of the interstate system for operators of any motor vehicle~~	90886
~~weighing in excess of eight thousand pounds empty weight and any~~	90887
~~noncommercial bus~~rural divided highways;	90888

(13) ~~Fifty-five~~Sixty-five miles per hour for operators of	90889
any motor vehicle ~~weighing eight thousand pounds or less empty~~	90890
~~weight and any commercial bus at all times on all portions of~~	90891
~~freeways that are not part of the interstate system, but are built~~	90892
~~to the standards and specifications that are applicable to~~	90893
~~freeways that are part of the interstate system and that had such~~	90894
~~a speed limit established prior to October 1, 1995, unless a~~	90895
~~higher speed limit is established under division (L) of this~~	90896
~~section~~at all times on all rural expressways without traffic	90897
control signals;	90898

(14) ~~Sixty-five~~Seventy miles per hour for operators of any	90899
motor vehicle ~~weighing eight thousand pounds or less empty weight~~	90900
~~and any commercial bus~~ at all times on all ~~portions of the~~	90901
~~following:~~	90902

~~(a) Freeways that are not part of the interstate system, but~~	90903
~~are built to the standards and specifications that are applicable~~	90904
~~to freeways that are part of the interstate system and that had~~	90905
~~such a speed limit established prior to October 1, 1995;~~	90906

~~(b) Freeways that are not part of the interstate system but~~	90907
~~are built to the standards and specifications that are applicable~~	90908
~~to freeways that are part of the interstate system, and that had~~	90909
~~such a speed limit established under division (L) of this section;~~	90910

~~(c) Rural, divided, multi-lane highways that are designated~~	90911
~~as part of the national highway system under the "National Highway~~	90912
~~System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,~~	90913
~~and that had such a speed limit established under division (M) of~~	90914
~~this section.~~rural freeways;	90915

(15) Fifty-five miles per hour for operators of any motor	90916
vehicle at all times on all portions of freeways in congested	90917
areas as determined by the director and that are part of the	90918
interstate system and are located within a municipal corporation	90919
or within an interstate freeway outerbelt;	90920

(16) Sixty-five miles per hour for operators of any motor	90921
vehicle at all times on all portions of freeways in urban areas as	90922
determined by the director and that are part of the interstate	90923
system and are part of an interstate freeway outerbelt;	90924

~~(17) Seventy miles per hour at all times on all portions of~~	90925
~~freeways that are part of the interstate system and are outside~~	90926
~~urbanized areas, as designated in accordance with 23 U.S.C. 101,~~	90927
~~for operators of all motor vehicles~~.	90928

(C) It is prima-facie unlawful for any person to exceed any	90929
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	90930
(6), (7), and (8) of this section, or any declared or established	90931
pursuant to this section by the director or local authorities and	90932
it is unlawful for any person to exceed any of the speed	90933
limitations in division (D) of this section. No person shall be	90934
convicted of more than one violation of this section for the same	90935
conduct, although violations of more than one provision of this	90936
section may be charged in the alternative in a single affidavit.	90937

(D) No person shall operate a motor vehicle, trackless	90938
trolley, or streetcar upon a street or highway as follows:	90939

(1) At a speed exceeding fifty-five miles per hour, except	90940
upon a two-lane state route as provided in division (B)(9) of this	90941
section and upon a highway, expressway, or freeway as provided in	90942
divisions (B)(12), (13), (14), and (16)~~, and (17)~~ of this	90943
section;	90944

(2) At a speed exceeding sixty miles per hour upon a two-lane	90945
state route as provided in division (B)(9) of this section.and	90946
upon a highway as provided in division (B)(12) of this section;	90947

(3) At a speed exceeding sixty-five miles per hour upon an	90948
expressway as provided in division (B)(13) or upon a freeway as	90949
provided in division (B)(16) of this section, except upon a	90950
freeway as provided in division (B)~~(17)~~(14) of this section;	90951

(4) At a speed exceeding seventy miles per hour upon a	90952
freeway as provided in division (B)~~(17)~~(14) of this section;	90953

(5) ~~If a motor vehicle weighing in excess of eight thousand~~	90954
~~pounds empty weight or a noncommercial bus as prescribed in~~	90955
~~division (B)(11) of this section, at a speed exceeding fifty-five~~	90956
~~miles per hour, except upon a freeway as provided in divisions~~	90957
~~(B)(16) and (17) of this section;~~	90958

~~(6) At a speed exceeding the posted speed limit upon a~~	90959
~~freeway for which the director has determined and declared a speed~~	90960
~~limit of not more than sixty-five miles per hour pursuant to~~	90961
~~division (L)(2) or (M) of this section;~~	90962

~~(7) At a speed exceeding sixty-five miles per hour upon a~~	90963
~~freeway for which such a speed limit has been established through~~	90964
~~the operation of division (L)(3) of this section;~~	90965

~~(8)~~ At a speed exceeding the posted speed limit upon a	90966
highway, expressway, or freeway for which the director has	90967
determined and declared a speed limit pursuant to division (I)(2)	90968
or (L)(2) of this section.	90969

(E) In every charge of violation of this section the	90970
affidavit and warrant shall specify the time, place, and speed at	90971
which the defendant is alleged to have driven, and in charges made	90972
in reliance upon division (C) of this section also the speed which	90973
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	90974
declared or established pursuant to, this section declares is	90975
prima-facie lawful at the time and place of such alleged	90976
violation, except that in affidavits where a person is alleged to	90977
have driven at a greater speed than will permit the person to	90978
bring the vehicle to a stop within the assured clear distance	90979
ahead the affidavit and warrant need not specify the speed at	90980
which the defendant is alleged to have driven.	90981

(F) When a speed in excess of both a prima-facie limitation	90982
and a limitation in division (D) of this section is alleged, the	90983
defendant shall be charged in a single affidavit, alleging a	90984
single act, with a violation indicated of both division (B)(1)(a),	90985
(2), (3), (4), (6), (7), or (8) of this section, or of a limit	90986
declared or established pursuant to this section by the director	90987
or local authorities, and of the limitation in division (D) of	90988
this section. If the court finds a violation of division	90989
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit declared	90990
or established pursuant to, this section has occurred, it shall	90991
enter a judgment of conviction under such division and dismiss the	90992
charge under division (D) of this section. If it finds no	90993
violation of division (B)(1)(a), (2), (3), (4), (6), (7), or (8)	90994
of, or a limit declared or established pursuant to, this section,	90995
it shall then consider whether the evidence supports a conviction	90996
under division (D) of this section.	90997

(G) Points shall be assessed for violation of a limitation	90998
under division (D) of this section in accordance with section	90999
4510.036 of the Revised Code.	91000

(H)(1) Whenever the director determines upon the basis of a	91001
geometric and traffic characteristic study that any speed limit	91002
set forth in divisions (B)(1)(a) to (D) of this section is greater	91003
or less than is reasonable or safe under the conditions found to	91004
exist at any portion of a street or highway under the jurisdiction	91005
of the director, the director shall determine and declare a	91006
reasonable and safe prima-facie speed limit, which shall be	91007
effective when appropriate signs giving notice of it are erected	91008
at the location.	91009

(2) Whenever the director determines upon the basis of a	91010
geometric and traffic characteristic study that the speed limit of	91011
fifty-five miles per hour on a two-lane state route outside a	91012
municipal corporation is less than is reasonable or safe under the	91013
conditions found to exist at that portion of the state route, the	91014
director may determine and declare a speed limit of sixty miles	91015
per hour for that portion of the state route, which shall be	91016
effective when appropriate signs giving notice of it are erected	91017
at the location.	91018

(I)(1) Except as provided in divisions (I)(2) and (K) of this	91019
section, whenever local authorities determine upon the basis of an	91020
engineering and traffic investigation that the speed permitted by	91021
divisions (B)(1)(a) to (D) of this section, on any part of a	91022
highway under their jurisdiction, is greater than is reasonable	91023
and safe under the conditions found to exist at such location, the	91024
local authorities may by resolution request the director to	91025
determine and declare a reasonable and safe prima-facie speed	91026
limit. Upon receipt of such request the director may determine and	91027
declare a reasonable and safe prima-facie speed limit at such	91028
location, and if the director does so, then such declared speed	91029
limit shall become effective only when appropriate signs giving	91030
notice thereof are erected at such location by the local	91031
authorities. The director may withdraw the declaration of a	91032
prima-facie speed limit whenever in the director's opinion the	91033
altered prima-facie speed becomes unreasonable. Upon such	91034
withdrawal, the declared prima-facie speed shall become	91035
ineffective and the signs relating thereto shall be immediately	91036
removed by the local authorities.	91037

(2) A local authority may determine on the basis of a	91038
geometric and traffic characteristic study that the speed limit of	91039
sixty-five miles per hour on a portion of a freeway under its	91040
jurisdiction that was established through the operation of	91041
division (L)(3) of this section is greater than is reasonable or	91042
safe under the conditions found to exist at that portion of the	91043
freeway. If the local authority makes such a determination, the	91044
local authority by resolution may request the director to	91045
determine and declare a reasonable and safe speed limit of not	91046
less than fifty-five miles per hour for that portion of the	91047
freeway. If the director takes such action, the declared speed	91048
limit becomes effective only when appropriate signs giving notice	91049
of it are erected at such location by the local authority.	91050

(J) Local authorities in their respective jurisdictions may	91051
authorize by ordinance higher prima-facie speeds than those stated	91052
in this section upon through highways, or upon highways or	91053
portions thereof where there are no intersections, or between	91054
widely spaced intersections, provided signs are erected giving	91055
notice of the authorized speed, but local authorities shall not	91056
modify or alter the basic rule set forth in division (A) of this	91057
section or in any event authorize by ordinance a speed in excess	91058
of fifty miles per hour.	91059

Alteration of prima-facie limits on state routes by local	91060
authorities shall not be effective until the alteration has been	91061
approved by the director. The director may withdraw approval of	91062
any altered prima-facie speed limits whenever in the director's	91063
opinion any altered prima-facie speed becomes unreasonable, and	91064
upon such withdrawal, the altered prima-facie speed shall become	91065
ineffective and the signs relating thereto shall be immediately	91066
removed by the local authorities.	91067

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	91068
section, "unimproved highway" means a highway consisting of any of	91069
the following:	91070

(a) Unimproved earth;

91071

(b) Unimproved graded and drained earth;

91072

91073

(2) Except as otherwise provided in divisions (K)(4) and (5)	91074
of this section, whenever a board of township trustees determines	91075
upon the basis of an engineering and traffic investigation that	91076
the speed permitted by division (B)(5) of this section on any part	91077
of an unimproved highway under its jurisdiction and in the	91078
unincorporated territory of the township is greater than is	91079
reasonable or safe under the conditions found to exist at the	91080
location, the board may by resolution declare a reasonable and	91081
safe prima-facie speed limit of fifty-five but not less than	91082
twenty-five miles per hour. An altered speed limit adopted by a	91083
board of township trustees under this division becomes effective	91084
when appropriate traffic control devices, as prescribed in section	91085
4511.11 of the Revised Code, giving notice thereof are erected at	91086
the location, which shall be no sooner than sixty days after	91087
adoption of the resolution.	91088

(3)(a) Whenever, in the opinion of a board of township	91089
trustees, any altered prima-facie speed limit established by the	91090
board under this division becomes unreasonable, the board may	91091
adopt a resolution withdrawing the altered prima-facie speed	91092
limit. Upon the adoption of such a resolution, the altered	91093
prima-facie speed limit becomes ineffective and the traffic	91094
control devices relating thereto shall be immediately removed.	91095

(b) Whenever a highway ceases to be an unimproved highway and	91096
the board has adopted an altered prima-facie speed limit pursuant	91097
to division (K)(2) of this section, the board shall, by	91098
resolution, withdraw the altered prima-facie speed limit as soon	91099
as the highway ceases to be unimproved. Upon the adoption of such	91100
a resolution, the altered prima-facie speed limit becomes	91101
ineffective and the traffic control devices relating thereto shall	91102
be immediately removed.	91103

(4)(a) If the boundary of two townships rests on the	91104
centerline of an unimproved highway in unincorporated territory	91105
and both townships have jurisdiction over the highway, neither of	91106
the boards of township trustees of such townships may declare an	91107
altered prima-facie speed limit pursuant to division (K)(2) of	91108
this section on the part of the highway under their joint	91109
jurisdiction unless the boards of township trustees of both of the	91110
townships determine, upon the basis of an engineering and traffic	91111
investigation, that the speed permitted by division (B)(5) of this	91112
section is greater than is reasonable or safe under the conditions	91113
found to exist at the location and both boards agree upon a	91114
reasonable and safe prima-facie speed limit of less than	91115
fifty-five but not less than twenty-five miles per hour for that	91116
location. If both boards so agree, each shall follow the procedure	91117
specified in division (K)(2) of this section for altering the	91118
prima-facie speed limit on the highway. Except as otherwise	91119
provided in division (K)(4)(b) of this section, no speed limit	91120
altered pursuant to division (K)(4)(a) of this section may be	91121
withdrawn unless the boards of township trustees of both townships	91122
determine that the altered prima-facie speed limit previously	91123
adopted becomes unreasonable and each board adopts a resolution	91124
withdrawing the altered prima-facie speed limit pursuant to the	91125
procedure specified in division (K)(3)(a) of this section.	91126

(b) Whenever a highway described in division (K)(4)(a) of	91127
this section ceases to be an unimproved highway and two boards of	91128
township trustees have adopted an altered prima-facie speed limit	91129
pursuant to division (K)(4)(a) of this section, both boards shall,	91130
by resolution, withdraw the altered prima-facie speed limit as	91131
soon as the highway ceases to be unimproved. Upon the adoption of	91132
the resolution, the altered prima-facie speed limit becomes	91133
ineffective and the traffic control devices relating thereto shall	91134
be immediately removed.	91135

(5) As used in division (K)(5) of this section:

91136

(a) "Commercial subdivision" means any platted territory	91137
outside the limits of a municipal corporation and fronting a	91138
highway where, for a distance of three hundred feet or more, the	91139
frontage is improved with buildings in use for commercial	91140
purposes, or where the entire length of the highway is less than	91141
three hundred feet long and the frontage is improved with	91142
buildings in use for commercial purposes.	91143

(b) "Residential subdivision" means any platted territory	91144
outside the limits of a municipal corporation and fronting a	91145
highway, where, for a distance of three hundred feet or more, the	91146
frontage is improved with residences or residences and buildings	91147
in use for business, or where the entire length of the highway is	91148
less than three hundred feet long and the frontage is improved	91149
with residences or residences and buildings in use for business.	91150

Whenever a board of township trustees finds upon the basis of	91151
an engineering and traffic investigation that the prima-facie	91152
speed permitted by division (B)(5) of this section on any part of	91153
a highway under its jurisdiction that is located in a commercial	91154
or residential subdivision, except on highways or portions thereof	91155
at the entrances to which vehicular traffic from the majority of	91156
intersecting highways is required to yield the right-of-way to	91157
vehicles on such highways in obedience to stop or yield signs or	91158
traffic control signals, is greater than is reasonable and safe	91159
under the conditions found to exist at the location, the board may	91160
by resolution declare a reasonable and safe prima-facie speed	91161
limit of less than fifty-five but not less than twenty-five miles	91162
per hour at the location. An altered speed limit adopted by a	91163
board of township trustees under this division shall become	91164
effective when appropriate signs giving notice thereof are erected	91165
at the location by the township. Whenever, in the opinion of a	91166
board of township trustees, any altered prima-facie speed limit	91167
established by it under this division becomes unreasonable, it may	91168
adopt a resolution withdrawing the altered prima-facie speed, and	91169
upon such withdrawal, the altered prima-facie speed shall become	91170
ineffective, and the signs relating thereto shall be immediately	91171
removed by the township.	91172

(L)(1) ~~Within one hundred twenty days of February 29, 1996,~~	91173
~~the director of transportation, based upon a geometric and traffic~~	91174
~~characteristic study of a freeway that is part of the interstate~~	91175
~~system or that is not part of the interstate system, but is built~~	91176
~~to the standards and specifications that are applicable to~~	91177
~~freeways that are part of the interstate system, in consultation~~	91178
~~with the director of public safety and, if applicable, the local~~	91179
~~authority having jurisdiction over a portion of such freeway, may~~	91180
~~determine and declare that the speed limit of less than sixty-five~~	91181
~~miles per hour established on such freeway or portion of freeway~~	91182
~~either is reasonable and safe or is less than that which is~~	91183
~~reasonable and safe.~~	91184

~~(2) If the established speed limit for such a freeway or~~	91185
~~portion of freeway is determined to be less than that which is~~	91186
~~reasonable and safe, the director of transportation, in~~	91187
~~consultation with the director of public safety and, if~~	91188
~~applicable, the local authority having jurisdiction over the~~	91189
~~portion of freeway, shall determine and declare a reasonable and~~	91190
~~safe speed limit of not more than sixty-five miles per hour for~~	91191
~~that freeway or portion of freeway.~~	91192

~~The director of transportation or local authority having~~	91193
~~jurisdiction over the freeway or portion of freeway shall erect~~	91194
~~appropriate signs giving notice of the speed limit at such~~	91195
~~location within one hundred fifty days of February 29, 1996. Such~~	91196
~~speed limit becomes effective only when such signs are erected at~~	91197
~~the location.~~	91198

~~(3) If, within one hundred twenty days of February 29, 1996,~~	91199
~~the director of transportation does not make a determination and~~	91200
~~declaration of a reasonable and safe speed limit for a freeway or~~	91201
~~portion of freeway that is part of the interstate system or that~~	91202
~~is not part of the interstate system, but is built to the~~	91203
~~standards and specifications that are applicable to freeways that~~	91204
~~are part of the interstate system and that has a speed limit of~~	91205
~~less than sixty-five miles per hour, the speed limit on that~~	91206
~~freeway or portion of a freeway shall be sixty-five miles per~~	91207
~~hour. The director of transportation or local authority having~~	91208
~~jurisdiction over the freeway or portion of the freeway shall~~	91209
~~erect appropriate signs giving notice of the speed limit of~~	91210
~~sixty-five miles per hour at such location within one hundred~~	91211
~~fifty days of February 29, 1996. Such speed limit becomes~~	91212
~~effective only when such signs are erected at the location. A~~	91213
~~speed limit established through the operation of division (L)(3)~~	91214
~~of this section is subject to reduction under division (I)(2) of~~	91215
~~this section.~~	91216

~~(M) Within three hundred sixty days after February 29, 1996,~~	91217
~~the director of transportation, based upon a geometric and traffic~~	91218
~~characteristic study of a rural, divided, multi-lane highway that~~	91219
~~has been designated as part of the national highway system under~~	91220
~~the "National Highway System Designation Act of 1995," 109 Stat.~~	91221
~~568, 23 U.S.C.A. 103, in consultation with the director of public~~	91222
~~safety and, if applicable, the local authority having jurisdiction~~	91223
~~over a portion of the highway, may determine and declare that the~~	91224
~~speed limit of less than sixty-five miles per hour established on~~	91225
~~the highway or portion of highway either is reasonable and safe or~~	91226
~~is less than that which is reasonable and safe.~~	91227

~~If the established speed limit for the highway or portion of~~	91228
~~highway is determined to be less than that which is reasonable and~~	91229
~~safe, the director of transportation, in consultation with the~~	91230
~~director of public safety and, if applicable, the local authority~~	91231
~~having jurisdiction over the portion of highway, shall determine~~	91232
~~and declare a reasonable and safe speed limit of not more than~~	91233
~~sixty-five miles per hour for that highway or portion of highway.~~	91234
~~The director of transportation or local authority having~~	91235
~~jurisdiction over the highway or portion of highway shall erect~~	91236
~~appropriate signs giving notice of the speed limit at such~~	91237
~~location within three hundred ninety days after February 29, 1996.~~	91238
~~The speed limit becomes effective only when such signs are erected~~	91239
~~at the location.~~On the effective date of this amendment, the	91240
director of transportation, based upon an engineering study of a	91241
highway, expressway, or freeway described in division (B)(12),	91242
(13), (14), (15), or (16) of this section, in consultation with	91243
the director of public safety and, if applicable, the local	91244
authority having jurisdiction over the studied highway,	91245
expressway, or freeway, may determine and declare that the speed	91246
limit established on such highway, expressway, or freeway under	91247
division (B)(12), (13), (14), (15), or (16) of this section either	91248
is reasonable and safe or is more or less than that which is	91249
reasonable and safe.	91250

(2) If the established speed limit for a highway, expressway,	91251
or freeway studied pursuant to division (L)(1) of this section is	91252
determined to be more or less than that which is reasonable and	91253
safe, the director of transportation, in consultation with the	91254
director of public safety and, if applicable, the local authority	91255
having jurisdiction over the studied highway, expressway, or	91256
freeway, shall determine and declare a reasonable and safe speed	91257
limit for that highway, expressway, or freeway.	91258

(N)(1)(a) If the boundary of two local authorities rests on	91259
the centerline of a highway and both authorities have jurisdiction	91260
over the highway, the speed limit for the part of the highway	91261
within their joint jurisdiction shall be either one of the	91262
following as agreed to by both authorities:	91263

(i) Either prima-facie speed limit permitted by division (B)	91264
of this section;	91265

(ii) An altered speed limit determined and posted in	91266
accordance with this section.	91267

(b) If the local authorities are unable to reach an	91268
agreement, the speed limit shall remain as established and posted	91269
under this section.	91270

(2) Neither local authority may declare an altered	91271
prima-facie speed limit pursuant to this section on the part of	91272
the highway under their joint jurisdiction unless both of the	91273
local authorities determine, upon the basis of an engineering and	91274
traffic investigation, that the speed permitted by this section is	91275
greater than is reasonable or safe under the conditions found to	91276
exist at the location and both authorities agree upon a uniform	91277
reasonable and safe prima-facie speed limit of less than	91278
fifty-five but not less than twenty-five miles per hour for that	91279
location. If both authorities so agree, each shall follow the	91280
procedure specified in this section for altering the prima-facie	91281
speed limit on the highway, and the speed limit for the part of	91282
the highway within their joint jurisdiction shall be uniformly	91283
altered. No altered speed limit may be withdrawn unless both local	91284
authorities determine that the altered prima-facie speed limit	91285
previously adopted becomes unreasonable and each adopts a	91286
resolution withdrawing the altered prima-facie speed limit	91287
pursuant to the procedure specified in this section.	91288

(O) As used in this section:

91289

(1) "Interstate system" has the same meaning as in 23	91290
U.S.C.A. 101.	91291

(2) "Commercial bus" means a motor vehicle designed for	91292
carrying more than nine passengers and used for the transportation	91293
of persons for compensation.	91294

(3) "Noncommercial bus" includes but is not limited to a	91295
school bus or a motor vehicle operated solely for the	91296
transportation of persons associated with a charitable or	91297
nonprofit organization.	91298

(4) "Outerbelt" means a portion of a freeway that is part of	91299
the interstate system and is located in the outer vicinity of a	91300
major municipal corporation or group of municipal corporations, as	91301
designated by the director.	91302

(5) "Rural" means outside urbanized areas, as designated in	91303
accordance with 23 U.S.C. 101, and outside of a business or urban	91304
district.	91305

(P)(1) A violation of any provision of this section is one of	91306
the following:	91307

(a) Except as otherwise provided in divisions (P)(1)(b),	91308
(1)(c), (2), and (3) of this section, a minor misdemeanor;	91309

(b) If, within one year of the offense, the offender	91310
previously has been convicted of or pleaded guilty to two	91311
violations of any provision of this section or of any provision of	91312
a municipal ordinance that is substantially similar to any	91313
provision of this section, a misdemeanor of the fourth degree;	91314

(c) If, within one year of the offense, the offender	91315
previously has been convicted of or pleaded guilty to three or	91316
more violations of any provision of this section or of any	91317
provision of a municipal ordinance that is substantially similar	91318
to any provision of this section, a misdemeanor of the third	91319
degree.	91320

(2) If the offender has not previously been convicted of or	91321
pleaded guilty to a violation of any provision of this section or	91322
of any provision of a municipal ordinance that is substantially	91323
similar to this section and operated a motor vehicle faster than	91324
thirty-five miles an hour in a business district of a municipal	91325
corporation, faster than fifty miles an hour in other portions of	91326
a municipal corporation, or faster than thirty-five miles an hour	91327
in a school zone during recess or while children are going to or	91328
leaving school during the school's opening or closing hours, a	91329
misdemeanor of the fourth degree.	91330

(3) Notwithstanding division (P)(1) of this section, if the	91331
offender operated a motor vehicle in a construction zone where a	91332
sign was then posted in accordance with section 4511.98 of the	91333
Revised Code, the court, in addition to all other penalties	91334
provided by law, shall impose upon the offender a fine of two	91335
times the usual amount imposed for the violation. No court shall	91336
impose a fine of two times the usual amount imposed for the	91337
violation upon an offender if the offender alleges, in an	91338
affidavit filed with the court prior to the offender's sentencing,	91339
that the offender is indigent and is unable to pay the fine	91340
imposed pursuant to this division and if the court determines that	91341
the offender is an indigent person and unable to pay the fine.	91342

Sec. 4511.69. (A) Every vehicle stopped or parked upon a	91343
roadway where there is an adjacent curb shall be stopped or parked	91344
with the right-hand wheels of the vehicle parallel with and not	91345
more than twelve inches from the right-hand curb, unless it is	91346
impossible to approach so close to the curb; in such case the stop	91347
shall be made as close to the curb as possible and only for the	91348
time necessary to discharge and receive passengers or to load or	91349
unload merchandise. Local authorities by ordinance may permit	91350
angle parking on any roadway under their jurisdiction, except that	91351
angle parking shall not be permitted on a state route within a	91352
municipal corporation unless an unoccupied roadway width of not	91353
less than twenty-five feet is available for free-moving traffic.	91354

(B) Local authorities by ordinance may permit parking of	91355
vehicles with the left-hand wheels adjacent to and within twelve	91356
inches of the left-hand curb of a one-way roadway.	91357

(C)(1)(a) Except as provided in division (C)~~(2)~~(1)(b) of this	91358
section, no vehicle or trackless trolley shall be stopped or	91359
parked on a road or highway with the vehicle or trackless trolley	91360
facing in a direction other than the direction of travel on that	91361
side of the road or highway.	91362

~~(2)~~(b) The operator of a motorcycle may back the motorcycle	91363
into an angled parking space so that when the motorcycle is parked	91364
it is facing in a direction other than the direction of travel on	91365
the side of the road or highway.	91366

(2) The operator of a motorcycle may back the motorcycle into	91367
a parking space that is located on the side of, and parallel to, a	91368
road or highway. The motorcycle may face any direction when so	91369
parked. Not more than two motorcycles at a time shall be parked in	91370
a parking space as described in division (C)(2) of this section	91371
irrespective of whether or not the space is metered.	91372

(D) Notwithstanding any statute or any rule, resolution, or	91373
ordinance adopted by any local authority, air compressors,	91374
tractors, trucks, and other equipment, while being used in the	91375
construction, reconstruction, installation, repair, or removal of	91376
facilities near, on, over, or under a street or highway, may stop,	91377
stand, or park where necessary in order to perform such work,	91378
provided a flagperson is on duty or warning signs or lights are	91379
displayed as may be prescribed by the director of transportation.	91380

(E) Special parking locations and privileges for persons with	91381
disabilities that limit or impair the ability to walk, also known	91382
as handicapped parking spaces or disability parking spaces, shall	91383
be provided and designated by all political subdivisions and by	91384
the state and all agencies and instrumentalities thereof at all	91385
offices and facilities, where parking is provided, whether owned,	91386
rented, or leased, and at all publicly owned parking garages. The	91387
locations shall be designated through the posting of an elevated	91388
sign, whether permanently affixed or movable, imprinted with the	91389
international symbol of access and shall be reasonably close to	91390
exits, entrances, elevators, and ramps. All elevated signs posted	91391
in accordance with this division and division (C) of section	91392
3781.111 of the Revised Code shall be mounted on a fixed or	91393
movable post, and the distance from the ground to the bottom edge	91394
of the sign shall measure not less than five feet. If a new sign	91395
or a replacement sign designating a special parking location is	91396
posted on or after October 14, 1999, there also shall be affixed	91397
upon the surface of that sign or affixed next to the designating	91398
sign a notice that states the fine applicable for the offense of	91399
parking a motor vehicle in the special designated parking location	91400
if the motor vehicle is not legally entitled to be parked in that	91401
location.	91402

(F)(1) No person shall stop, stand, or park any motor vehicle	91403
at special parking locations provided under division (E) of this	91404
section or at special clearly marked parking locations provided in	91405
or on privately owned parking lots, parking garages, or other	91406
parking areas and designated in accordance with that division,	91407
unless one of the following applies:	91408

(a) The motor vehicle is being operated by or for the	91409
transport of a person with a disability that limits or impairs the	91410
ability to walk and is displaying a valid removable windshield	91411
placard or special license plates;	91412

(b) The motor vehicle is being operated by or for the	91413
transport of a handicapped person and is displaying a parking card	91414
or special handicapped license plates.	91415

(2) Any motor vehicle that is parked in a special marked	91416
parking location in violation of division (F)(1)(a) or (b) of this	91417
section may be towed or otherwise removed from the parking	91418
location by the law enforcement agency of the political	91419
subdivision in which the parking location is located. A motor	91420
vehicle that is so towed or removed shall not be released to its	91421
owner until the owner presents proof of ownership of the motor	91422
vehicle and pays all towing and storage fees normally imposed by	91423
that political subdivision for towing and storing motor vehicles.	91424
If the motor vehicle is a leased vehicle, it shall not be released	91425
to the lessee until the lessee presents proof that that person is	91426
the lessee of the motor vehicle and pays all towing and storage	91427
fees normally imposed by that political subdivision for towing and	91428
storing motor vehicles.	91429

(3) If a person is charged with a violation of division	91430
(F)(1)(a) or (b) of this section, it is an affirmative defense to	91431
the charge that the person suffered an injury not more than	91432
seventy-two hours prior to the time the person was issued the	91433
ticket or citation and that, because of the injury, the person	91434
meets at least one of the criteria contained in division (A)(1) of	91435
section 4503.44 of the Revised Code.	91436

(G) When a motor vehicle is being operated by or for the	91437
transport of a person with a disability that limits or impairs the	91438
ability to walk and is displaying a removable windshield placard	91439
or a temporary removable windshield placard or special license	91440
plates, or when a motor vehicle is being operated by or for the	91441
transport of a handicapped person and is displaying a parking card	91442
or special handicapped license plates, the motor vehicle is	91443
permitted to park for a period of two hours in excess of the legal	91444
parking period permitted by local authorities, except where local	91445
ordinances or police rules provide otherwise or where the vehicle	91446
is parked in such a manner as to be clearly a traffic hazard.	91447

(H) No owner of an office, facility, or parking garage where	91448
special parking locations are required to be designated in	91449
accordance with division (E) of this section shall fail to	91450
properly mark the special parking locations in accordance with	91451
that division or fail to maintain the markings of the special	91452
locations, including the erection and maintenance of the fixed or	91453
movable signs.	91454

(I) Nothing in this section shall be construed to require a	91455
person or organization to apply for a removable windshield placard	91456
or special license plates if the parking card or special license	91457
plates issued to the person or organization under prior law have	91458
not expired or been surrendered or revoked.	91459

(J)(1) Whoever violates division (A) or (C) of this section	91460
is guilty of a minor misdemeanor.	91461

(2)(a) Whoever violates division (F)(1)(a) or (b) of this	91462
section is guilty of a misdemeanor and shall be punished as	91463
provided in division (J)(2)(a) and (b) of this section. Except as	91464
otherwise provided in division (J)(2)(a) of this section, an	91465
offender who violates division (F)(1)(a) or (b) of this section	91466
shall be fined not less than two hundred fifty nor more than five	91467
hundred dollars. An offender who violates division (F)(1)(a) or	91468
(b) of this section shall be fined not more than one hundred	91469
dollars if the offender, prior to sentencing, proves either of the	91470
following to the satisfaction of the court:	91471

(i) At the time of the violation of division (F)(1)(a) of	91472
this section, the offender or the person for whose transport the	91473
motor vehicle was being operated had been issued a removable	91474
windshield placard that then was valid or special license plates	91475
that then were valid but the offender or the person neglected to	91476
display the placard or license plates as described in division	91477
(F)(1)(a) of this section.	91478

(ii) At the time of the violation of division (F)(1)(b) of	91479
this section, the offender or the person for whose transport the	91480
motor vehicle was being operated had been issued a parking card	91481
that then was valid or special handicapped license plates that	91482
then were valid but the offender or the person neglected to	91483
display the card or license plates as described in division	91484
(F)(1)(b) of this section.	91485

(b) In no case shall an offender who violates division	91486
(F)(1)(a) or (b) of this section be sentenced to any term of	91487
imprisonment.	91488

An arrest or conviction for a violation of division (F)(1)(a)	91489
or (b) of this section does not constitute a criminal record and	91490
need not be reported by the person so arrested or convicted in	91491
response to any inquiries contained in any application for	91492
employment, license, or other right or privilege, or made in	91493
connection with the person's appearance as a witness.	91494

The clerk of the court shall pay every fine collected under	91495
division (J)(2) of this section to the political subdivision in	91496
which the violation occurred. Except as provided in division	91497
(J)(2) of this section, the political subdivision shall use the	91498
fine moneys it receives under division (J)(2) of this section to	91499
pay the expenses it incurs in complying with the signage and	91500
notice requirements contained in division (E) of this section. The	91501
political subdivision may use up to fifty per cent of each fine it	91502
receives under division (J)(2) of this section to pay the costs of	91503
educational, advocacy, support, and assistive technology programs	91504
for persons with disabilities, and for public improvements within	91505
the political subdivision that benefit or assist persons with	91506
disabilities, if governmental agencies or nonprofit organizations	91507
offer the programs.	91508

(3) Whoever violates division (H) of this section shall be	91509
punished as follows:	91510

(a) Except as otherwise provided in division (J)(3) of this	91511
section, the offender shall be issued a warning.	91512

(b) If the offender previously has been convicted of or	91513
pleaded guilty to a violation of division (H) of this section or	91514
of a municipal ordinance that is substantially similar to that	91515
division, the offender shall not be issued a warning but shall be	91516
fined not more than twenty-five dollars for each parking location	91517
that is not properly marked or whose markings are not properly	91518
maintained.	91519

(K) As used in this section:

91520

(1) "Handicapped person" means any person who has lost the	91521
use of one or both legs or one or both arms, who is blind, deaf,	91522
or so severely handicapped as to be unable to move without the aid	91523
of crutches or a wheelchair, or whose mobility is restricted by a	91524
permanent cardiovascular, pulmonary, or other handicapping	91525
condition.	91526

(2) "Person with a disability that limits or impairs the	91527
ability to walk" has the same meaning as in section 4503.44 of the	91528
Revised Code.	91529

(3) "Special license plates" and "removable windshield	91530
placard" mean any license plates or removable windshield placard	91531
or temporary removable windshield placard issued under section	91532
4503.41 or 4503.44 of the Revised Code, and also mean any	91533
substantially similar license plates or removable windshield	91534
placard or temporary removable windshield placard issued by a	91535
state, district, country, or sovereignty.	91536

Sec. 4511.85. (A) The operator of a chauffeured limousine	91537
shall accept passengers only on the basis of prearranged	91538
contracts, as defined in division (LL) of section 4501.01 of the	91539
Revised Code, and shall not cruise in search of patronage unless	91540
the limousine is in compliance with any statute or ordinance	91541
governing the operation of taxicabs or other similar vehicles for	91542
hire.	91543

(B) The operator of a chauffeured limousine may provide	91544
transportation to passengers who arrange for the transportation	91545
through an intermediary, including a digital dispatching service.	91546
Notwithstanding any law to the contrary, when providing	91547
transportation arranged through an intermediary, the operator of a	91548
chauffeured limousine may establish the fare and method of fare	91549
calculation, so long as the method of fare calculation is provided	91550
to the passenger upon request.	91551

(C) No person shall advertise or hold self out as doing	91552
business as a limousine service or livery service or other similar	91553
designation unless each vehicle used by the person to provide the	91554
service is registered in accordance with section 4503.24 of the	91555
Revised Code and is in compliance with section 4509.80 of the	91556
Revised Code.	91557

~~(C)~~(D) Whoever violates this section is guilty of a	91558
misdemeanor of the first degree.	91559

Sec. 4513.34. (A)(1) The director of transportation with	91560
respect to all highways that are a part of the state highway	91561
system and local authorities with respect to highways under their	91562
jurisdiction, upon application in writing, shall issue a special	91563
regional heavy hauling permit authorizing the applicant to operate	91564
or move a vehicle or combination of vehicles as follows:	91565

(a) At a size or weight of vehicle or load exceeding the	91566
maximum specified in sections 5577.01 to 5577.09 of the Revised	91567
Code, or otherwise not in conformity with sections 4513.01 to	91568
4513.37 of the Revised Code;	91569

(b) Upon any highway under the jurisdiction of the authority	91570
granting the permit except those highways with a condition	91571
insufficient to bear the weight of the vehicle or combination of	91572
vehicles as stated in the application;	91573

(c) For regional trips at distances of one hundred fifty	91574
miles or less from a facility stated on the application as the	91575
applicant's point of origin.	91576

Issuance of a special regional heavy hauling permit is	91577
subject to the payment of a fee established by the director or	91578
local authority in accordance with this section.	91579

(2) In circumstances where a person is not eligible to	91580
receive a permit under division (A)(1) of this section, the	91581
director of transportation with respect to all highways that are a	91582
part of the state highway system and local authorities with	91583
respect to highways under their jurisdiction, upon application in	91584
writing and for good cause shown, may issue a special permit in	91585
writing authorizing the applicant to operate or move a vehicle or	91586
combination of vehicles of a size or weight of vehicle or load	91587
exceeding the maximum specified in sections 5577.01 to 5577.09 of	91588
the Revised Code, or otherwise not in conformity with sections	91589
4513.01 to 4513.37 of the Revised Code, upon any highway under the	91590
jurisdiction of the authority granting the permit.	91591

(3) For purposes of this section, the director may designate	91592
certain state highways or portions of state highways as special	91593
economic development highways. If an application submitted to the	91594
director under this section involves travel of a nonconforming	91595
vehicle or combination of vehicles upon a special economic	91596
development highway, the director, in determining whether good	91597
cause has been shown that issuance of a permit is justified, shall	91598
consider the effect the travel of the vehicle or combination of	91599
vehicles will have on the economic development in the area in	91600
which the designated highway or portion of highway is located.	91601

(B) Notwithstanding sections 715.22 and 723.01 of the Revised	91602
Code, the holder of a permit issued by the director under this	91603
section may move the vehicle or combination of vehicles described	91604
in the permit on any highway that is a part of the state highway	91605
system when the movement is partly within and partly without the	91606
corporate limits of a municipal corporation. No local authority	91607
shall require any other permit or license or charge any license	91608
fee or other charge against the holder of a permit for the	91609
movement of a vehicle or combination of vehicles on any highway	91610
that is a part of the state highway system. The director shall not	91611
require the holder of a permit issued by a local authority to	91612
obtain a special permit for the movement of vehicles or	91613
combination of vehicles on highways within the jurisdiction of the	91614
local authority. Permits may be issued for any period of time not	91615
to exceed one year, as the director in the director's discretion	91616
or a local authority in its discretion determines advisable, or	91617
for the duration of any public construction project.	91618

(C)(1) The application for a permit issued under this section	91619
shall be in the form that the director or local authority	91620
prescribes. The director or local authority may prescribe a permit	91621
fee to be imposed and collected when any permit described in this	91622
section is issued. The permit fee may be in an amount sufficient	91623
to reimburse the director or local authority for the	91624
administrative costs incurred in issuing the permit, and also to	91625
cover the cost of the normal and expected damage caused to the	91626
roadway or a street or highway structure as the result of the	91627
operation of the nonconforming vehicle or combination of vehicles.	91628
The director, in accordance with Chapter 119. of the Revised Code,	91629
shall establish a schedule of fees for permits issued by the	91630
director under this section; however, the fee to operate a triple	91631
trailer unit, at locations authorized under federal law, shall be	91632
one hundred dollars.	91633

(2) For the purposes of this section and of rules adopted by	91634
the director under this section, milk transported in bulk by	91635
vehicle is deemed a nondivisible load.	91636

(3) For purposes of this section and of rules adopted by the	91637
director under this section, three or fewer aluminum coils,	91638
transported by a vehicle, are deemed a nondivisible load. The	91639
director shall adopt rules establishing requirements for an	91640
aluminum coil permit that are substantially similar to the	91641
requirements for a steel coil permit under Chapter 5501:2-1 of the	91642
Administrative Code.	91643

(D) The director or a local authority shall issue a special	91644
regional heavy hauling permit under division (A)(1) of this	91645
section upon application and payment of the applicable fee.	91646
However, the director or local authority may issue or withhold a	91647
special permit specified in division (A)(2) of this section. If a	91648
permit is to be issued, the director or local authority may limit	91649
or prescribe conditions of operation for the vehicle and may	91650
require the posting of a bond or other security conditioned upon	91651
the sufficiency of the permit fee to compensate for damage caused	91652
to the roadway or a street or highway structure. In addition, a	91653
local authority, as a condition of issuance of an overweight	91654
permit, may require the applicant to develop and enter into a	91655
mutual agreement with the local authority to compensate for or to	91656
repair excess damage caused to the roadway by travel under the	91657
permit.	91658

For a permit that will allow travel of a nonconforming	91659
vehicle or combination of vehicles on a special economic	91660
development highway, the director, as a condition of issuance, may	91661
require the applicant to agree to make periodic payments to the	91662
department to compensate for damage caused to the roadway by	91663
travel under the permit.	91664

(E) Every permit issued under this section shall be carried	91665
in the vehicle or combination of vehicles to which it refers and	91666
shall be open to inspection by any police officer or authorized	91667
agent of any authority granting the permit. No person shall	91668
violate any of the terms of a permit.	91669

(F) The director may debar an applicant from applying for a	91670
permit under this section upon a finding based on a reasonable	91671
belief that the applicant has done any of the following:	91672

(1) Abused the process by repeatedly submitting false	91673
information or false travel plans or by using another company or	91674
individual's name, insurance, or escrow account without proper	91675
authorization;	91676

(2) Failed to comply with or substantially perform under a	91677
previously issued permit according to its terms, conditions, and	91678
specifications within specified time limits;	91679

(3) Failed to cooperate in the application process for the	91680
permit or in any other procedures that are related to the issuance	91681
of the permit by refusing to provide information or documents	91682
required in a permit or by failing to respond to and correct	91683
matters related to the permit;	91684

(4) Accumulated repeated justified complaints regarding	91685
performance under a permit that was previously issued to the	91686
applicant or previously failed to obtain a permit when such a	91687
permit was required;	91688

(5) Attempted to influence a public employee to breach	91689
ethical conduct standards;	91690

(6) Been convicted of a criminal offense related to the	91691
application for, or performance under, a permit, including, but	91692
not limited to, bribery, falsification, fraud or destruction of	91693
records, receiving stolen property, and any other offense that	91694
directly reflects on the applicant's integrity or commercial	91695
driver's license;	91696

(7) Accumulated repeated convictions under a state or federal	91697
safety law governing commercial motor vehicles or a rule or	91698
regulation adopted under such a law;	91699

(8) Accumulated repeated convictions under a law, rule, or	91700
regulation governing the movement of traffic over the public	91701
streets and highways;	91702

(9) Failed to pay any fees associated with any permitted	91703
operation or move;	91704

(10) Deliberately or willfully submitted false or misleading	91705
information in connection with the application for, or performance	91706
under, a permit issued under this section.	91707

If the applicant is a partnership, association, or	91708
corporation, the director also may debar from consideration for	91709
permits any partner of the partnership, or the officers,	91710
directors, or employees of the association or corporation being	91711
debarred.	91712

The director may adopt rules in accordance with Chapter 119.	91713
of the Revised Code governing the debarment of an applicant.	91714

(G) When the director reasonably believes that grounds for	91715
debarment exist, the director shall send the person that is	91716
subject to debarment a notice of the proposed debarment. A notice	91717
of proposed debarment shall indicate the grounds for the debarment	91718
of the person and the procedure for requesting a hearing. The	91719
notice and hearing shall be in accordance with Chapter 119. of the	91720
Revised Code. If the person does not respond with a request for a	91721
hearing in the manner specified in that chapter, the director	91722
shall issue the debarment decision without a hearing and shall	91723
notify the person of the decision by certified mail, return	91724
receipt requested. The debarment period may be of any length	91725
determined by the director, and the director may modify or rescind	91726
the debarment at any time. During the period of debarment, the	91727
director shall not issue, or consider issuing, a permit under this	91728
section to any partnership, association, or corporation that is	91729
affiliated with a debarred person. After the debarment period	91730
expires, the person, and any partnership, association, or	91731
corporation affiliated with the person, may reapply for a permit.	91732

(H)(1) No person shall violate the terms of a permit issued	91733
under this section that relate to gross load limits.	91734

(2) No person shall violate the terms of a permit issued	91735
under this section that relate to axle load by more than two	91736
thousand pounds per axle or group of axles.	91737

(3) No person shall violate the terms of a permit issued	91738
under this section that relate to an approved route except upon	91739
order of a law enforcement officer or authorized agent of the	91740
issuing authority.	91741

(I) Whoever violates division (H) of this section shall be	91742
punished as provided in section 4513.99 of the Revised Code.	91743

(J) A permit issued by the department of transportation or a	91744
local authority under this section for the operation of a vehicle	91745
or combination of vehicles is valid for the purposes of the	91746
vehicle operation in accordance with the conditions and	91747
limitations specified on the permit. Such a permit is voidable by	91748
law enforcement only for operation of a vehicle or combination of	91749
vehicles in violation of the weight, dimension, or route	91750
provisions of the permit. However, a permit is not voidable for	91751
operation in violation of a route provision of a permit if the	91752
operation is upon the order of a law enforcement officer.	91753

Sec. 4701.03. (A) The accountancy board annually shall elect	91754
a president, secretary, and treasurer from its members. The board	91755
may adopt and amend rules for the orderly conduct of its affairs	91756
and for the administration of this chapter. The board may adopt	91757
and amend rules defining the practice of public accounting, rules	91758
of professional conduct appropriate to establish and maintain a	91759
high standard of integrity and dignity in registrants and	91760
certificate holders under this chapter, and rules regulating the	91761
sole proprietorship, partnership, limited liability company,	91762
professional association, corporation-for-profit, or other legal	91763
entity practice of public accounting. A majority of the board	91764
shall constitute a quorum for the transaction of business.	91765

(B) The board shall keep and hold open for public inspection	91766
all records of its proceedings.	91767

(C) The board may employ any clerks that are necessary to	91768
assist it in the performance of its duties and the keeping of its	91769
records. If the board employs an executive director, the board	91770
shall pay the executive director ~~shall be paid~~ in accordance with	91771
~~pay range 18 of schedule E-1 of section 124.152 of the Revised~~	91772
~~Code, or, if the director was employed and being paid on June 28,~~	91773
~~2003, in accordance with step 7 in pay range 18 of schedule E-1 of~~	91774
~~former section 124.152 of the Revised Code and continued to be so~~	91775
~~paid on June 29, 2003, the executive director shall be paid in~~	91776
~~accordance with pay range 18 of salary schedule E-1 for step seven~~	91777
~~only of~~ section 124.152 of the Revised Code.	91778

Sec. 4707.02. (A) No person shall act as an auction firm,	91779
auctioneer, apprentice auctioneer, or special auctioneer within	91780
this state without a license issued by the department of	91781
agriculture. No auction shall be conducted in this state except by	91782
an auctioneer licensed by the department.	91783

The department shall not issue or renew a license if the	91784
applicant or licensee has been convicted of a felony or crime	91785
involving fraud or theft in this or another state at any time	91786
during the ten years immediately preceding application or renewal.	91787

(B) Division (A) of this section does not apply to any of the	91788
following:	91789

(1) Sales at auction that either are required by law to be at	91790
auction, other than sales pursuant to a judicial order or decree,	91791
or are conducted by or under the direction of a public authority;	91792

(2) The owner of any real or personal property desiring to	91793
sell the property at auction, provided that the property was not	91794
acquired for the purpose of resale;	91795

(3) An auction mediation company;

91796

(4) An auction that is conducted in a course of study for	91797
auctioneers that is approved by the state auctioneers commission	91798
created under section 4707.03 of the Revised Code for purposes of	91799
student training and is supervised by a licensed auctioneer;	91800

(5)(a) An auction that is sponsored by a nonprofit or	91801
charitable organization that is registered in this state under	91802
Chapter 1702. or Chapter 1716. of the Revised Code, respectively,	91803
if the auction only involves the property of the members of the	91804
organization and the auction is part of a fair that is organized	91805
by an agricultural society under Chapter 1711. of the Revised Code	91806
or by the Ohio expositions commission under Chapter 991. of the	91807
Revised Code at which an auctioneer who is licensed under this	91808
chapter physically conducts the auction; or	91809

(b) Sales at an auction sponsored by a charitable, religious,	91810
or civic organization that is tax exempt under subsection	91811
501(c)(3) of the Internal Revenue Code, or by a public school,	91812
chartered nonpublic school, or community school, if no person in	91813
the business of organizing, arranging, or conducting an auction	91814
for compensation and no consignor of consigned items sold at the	91815
auction, except such organization or school, receives compensation	91816
from the proceeds of the auction. As used in division (B)(5)(b) of	91817
this section, "compensation" means money, a thing of value other	91818
than participation in a charitable event, or a financial benefit.	91819

(6) A person licensed as a livestock dealer under Chapter	91820
943. of the Revised Code who exclusively sells livestock and uses	91821
an auctioneer who is licensed under this chapter to conduct the	91822
auction;	91823

(7) A person licensed as a motor vehicle auction owner under	91824
Chapter 4517. of the Revised Code who exclusively sells motor	91825
vehicles to a person licensed under Chapter 4517. of the Revised	91826
Code and who uses an auctioneer who is licensed under this chapter	91827
to conduct the auction;	91828

(8) A person who sells real or personal property by means of	91829
the internet;	91830

(9) A bid calling contest that is approved by the commission	91831
and that is conducted for the purposes of the advancement or	91832
promotion of the auction profession in this state, provided that	91833
no compensation is paid to the sponsor of or participants in the	91834
contest other than a prize or award for winning the contest;	91835

(10) An auction at which the champion of a national or	91836
international bid calling contest appears, provided that both of	91837
the following apply:	91838

(a) The champion is not paid a commission.

91839

(b) The auction is conducted under the direct supervision of	91840
an auctioneer licensed under this chapter in order to ensure that	91841
the champion complies with this chapter and rules adopted under	91842
it.	91843

(C)(1) No person shall advertise or hold oneself out as an	91844
auction firm, auctioneer, apprentice auctioneer, or special	91845
auctioneer without a license issued by the department of	91846
agriculture.	91847

(2) Division (C)(1) of this section does not apply to an	91848
individual who is the subject of an advertisement regarding an	91849
auction conducted under division (B)(5)(b) of this section.	91850

Sec. 4707.073. (A) No corporation, limited liability company,	91851
general or limited partnership, or unincorporated association	91852
shall act or hold itself out as an auctioneer without a valid	91853
auctioneer's license issued under this section. This section does	91854
not apply to a person who is issued a license under section	91855
4707.071 of the Revised Code.	91856

(B) The department of agriculture may grant an auctioneer's	91857
license to a corporation, limited liability company, general or	91858
limited partnership, or unincorporated association that is	91859
determined to be qualified by the department. Every applicant for	91860
a license under this section shall furnish to the department, on	91861
forms provided by the department, satisfactory proof that the	91862
applicant:	91863

(1) Is in good standing with the secretary of state if the	91864
applicant is a corporation;	91865

(2) Is of trustworthy character;

91866

(3) Has provided proof of financial responsibility as	91867
required in section 4707.11 of the Revised Code;	91868

(4) Is registered with the secretary of state or a local	91869
authority, as applicable, to do business in this state;	91870

(5) Has complied with any other requirement that the director	91871
establishes in rules adopted under section 4707.19 of the Revised	91872
Code.	91873

(C) An application submitted under this section shall list	91874
the names of all of the owners, directors, partners, or members of	91875
the applicant, as applicable, and shall indicate those that have	91876
an auctioneer's license issued under section 4707.07 of the	91877
Revised Code.	91878

(D)~~(1)~~ The department shall not issue a license under this	91879
section unless one of the following applies, as applicable:	91880

~~(a)~~(1) If the applicant is a limited liability company or a	91881
general or limited partnership, not less than fifty per cent of	91882
the members or general partners have a current license issued	91883
under section 4707.07 of the Revised Code.	91884

~~(b)~~(2) If the applicant is a corporation, not less than fifty	91885
per cent of the directors and the president or chief executive	91886
have a current license issued under section 4707.07 of the Revised	91887
Code.	91888

~~(c)~~(3) If the applicant is an unincorporated association, not	91889
less than fifty per cent of the members have a current license	91890
issued under section 4707.07 of the Revised Code.	91891

Failure of a corporation, limited liability company,	91892
partnership, or unincorporated association to maintain the	91893
applicable requirements of this division after the issuance of a	91894
license under this section may be sufficient cause for the	91895
revocation of the license under section 4707.15 of the Revised	91896
Code.	91897

~~(2) Not later than two years after the effective date of this~~	91898
~~section, a corporation, partnership, or unincorporated association~~	91899
~~that was issued a license under section 4707.07 of the Revised~~	91900
~~Code on or before the effective date of this section shall comply~~	91901
~~with the requirements established in division (D)(1) of this~~	91902
~~section. If such a corporation, partnership, or unincorporated~~	91903
~~association fails to comply with those requirements, the license~~	91904
~~of the corporation, partnership, or unincorporated association~~	91905
~~immediately shall terminate.~~	91906

(E) Upon the issuance of a license under this section, a	91907
corporation, limited liability company, partnership, or	91908
unincorporated association shall designate an individual from	91909
among its directors, partners, or members who is licensed under	91910
section 4707.07 of the Revised Code as its agent for purposes of	91911
communication with the department. If that individual ceases to be	91912
the agent, the corporation, limited liability company,	91913
partnership, or unincorporated association shall notify the	91914
department not later than ten days after the day on which the	91915
individual ceases to be the agent. Upon notification to the	91916
department, the license of the corporation, limited liability	91917
company, partnership, or unincorporated association, as	91918
applicable, immediately shall terminate. If the corporation,	91919
limited liability company, partnership, or unincorporated	91920
association notifies the department of the designation of a new	91921
agent in accordance with the requirements of this division and	91922
pays a fee in the amount of ten dollars, the department shall	91923
issue the corporation, limited liability company, partnership, or	91924
unincorporated association a new license.	91925

(F) This section does not preclude a corporation, limited	91926
liability company, partnership, or unincorporated association from	91927
selling real property at auction, provided that the requirements	91928
of this section and section 4707.021 and Chapter 4735. of the	91929
Revised Code are satisfied.	91930

(G) A person licensed as a real estate broker under Chapter	91931
4735. of the Revised Code shall not be required to obtain a	91932
license under this section if the person complies with sections	91933
4707.021 and 4707.22 of the Revised Code.	91934

Sec. 4707.10. (A) The fee for each apprentice auctioneer's	91935
or auction firm license issued by the department of agriculture is	91936
one hundred dollars, and the annual renewal fee for any such	91937
license is one hundred dollars. All licenses expire annually on	91938
the last day of June of each year and shall be renewed according	91939
to the standard renewal procedures of Chapter 4745. of the Revised	91940
Code, or the procedures of this section. Any licensee under this	91941
chapter who wishes to renew the licensee's license, but fails to	91942
do so before the first day of July shall reapply for licensure in	91943
the same manner and pursuant to the same requirements as for	91944
initial licensure, unless before the first day of September of the	91945
year of expiration, the former licensee pays to the department, in	91946
addition to the regular renewal fee, a late renewal penalty of one	91947
hundred dollars.	91948

(B)(1) Each person to whom the department issues an	91949
auctioneer's license or special auctioneer's license shall pay a	91950
licensure fee. Those licenses are biennial and expire in	91951
accordance with the schedule established in division (B)(2) of	91952
this section. If such a license is issued during the first year of	91953
a biennium, the licensee shall pay a fee in the amount of two	91954
hundred dollars. If the license is issued during the second year	91955
of a biennium, the licensee shall pay a fee in the amount of one	91956
hundred dollars. With respect to an auctioneer's license, the fees	91957
apply regardless of whether the license is issued to an individual	91958
under section 4707.07 of the Revised Code or to a corporation,	91959
limited liability company, partnership, or association under	91960
section 4707.073 of the Revised Code.	91961

All auctioneer's licenses and special auctioneer's licenses	91962
expire on the last day of June of the biennium. The licenses shall	91963
be renewed in accordance with the standard renewal procedures of	91964
Chapter 4745. of the Revised Code or the procedures in this	91965
section and upon the licensee's payment to the department of a	91966
renewal fee of two hundred dollars. A licensee who wishes to renew	91967
the licensee's license, but who fails to do so before the first	91968
day of July following the license's expiration, shall reapply for	91969
licensure in the same manner and pursuant to the same requirements	91970
as for the initial licensure unless before the first day of	91971
September following the expiration, the former licensee pays to	91972
the department, in addition to the regular renewal fee, a late	91973
renewal penalty of one hundred dollars.	91974

(2) The biennial expiration of an auctioneer's license or	91975
special auctioneer's license shall occur in accordance with the	91976
following schedule:	91977

(a) The license shall expire in odd-numbered years if the	91978
business name or last name, as applicable, of the licensee begins	91979
with the letters "A" through "J" or with the letters "X" through	91980
"Z."	91981

(b) The license shall expire in even-numbered years if the	91982
business name or last name, as applicable, of the licensee begins	91983
with the letters "K" through "W."	91984

(C) Any person who fails to renew the person's license before	91985
the first day of July is prohibited from engaging in any activity	91986
specified or comprehended in section 4707.01 of the Revised Code	91987
until such time as the person's license is renewed or a new	91988
license is issued. Renewal of a license between the first day of	91989
July and the first day of September does not relieve any person	91990
from complying with this division. The department may refuse to	91991
renew the license of or issue a new license to any person who	91992
violates this division.	91993

(D) The department shall prepare and deliver to each licensee	91994
a permanent license certificate and an identification card, the	91995
appropriate portion of which shall be carried on the person of the	91996
licensee at all times when engaged in any type of auction	91997
activity, and part of which shall be posted with the permanent	91998
certificate in a conspicuous location at the licensee's place of	91999
business.	92000

(E) Notice in writing shall be given to the department by	92001
each auctioneer or apprentice auctioneer licensee of any change of	92002
principal business location or any change or addition to the name	92003
or names under which business is conducted, whereupon the	92004
department shall issue a new license for the unexpired period. Any	92005
change of business location or change or addition of names without	92006
notification to the department shall automatically cancel any	92007
license previously issued. For each new ~~auctioneer~~auctioneer's or	92008
apprentice ~~auctioneer~~auctioneer's license issued upon the	92009
occasion of a change in business location or a change in or an	92010
addition of names under which business is conducted, the	92011
department may collect a fee of ten dollars for each change in	92012
location, or name or each added name unless the notification of	92013
the change occurs concurrently with the renewal application or	92014
unless otherwise provided in section 4707.07 of the Revised Code.	92015

Sec. 4709.11. Every license issued pursuant to this chapter	92016
expires on the thirty-first day of August of each even-numbered	92017
year. Each licensee desiring to do so shall, on or before the	92018
first day of September of each even-numbered year, renew ~~his~~the	92019
licensee's license pursuant to the standard renewal procedure of	92020
Chapter 4745. of the Revised Code. Any holder of an expired	92021
license shall restore ~~his~~the holder's license before continuing	92022
the practice of barbering or the activity for which hethe holder	92023
is licensed under this chapter and pay the appropriate restoration	92024
fee. If the person fails to restore ~~his~~the person's license	92025
within ~~three~~six years, hethe person shall pay any required	92026
restoration fee and take any examination required for the license	92027
under this chapter.	92028

Sec. 4713.08. (A) The state board of cosmetology shall adopt	92029
rules in accordance with Chapter 119. of the Revised Code as	92030
necessary to implement this chapter. The rules shall do all of the	92031
following:	92032

(1) Govern the practice of the branches of cosmetology and	92033
management of salons;	92034

(2) Specify conditions a person must satisfy to qualify for a	92035
temporary pre-examination work permit under section 4713.22 of the	92036
Revised Code and the conditions and method of renewing a temporary	92037
pre-examination work permit under that section;	92038

(3) Provide for the conduct of examinations under section	92039
4713.24 of the Revised Code;	92040

(4) Specify conditions under which the board will take into	92041
account, under section 4713.32 of the Revised Code, instruction an	92042
applicant for a license under section 4713.28, 4713.30, or 4713.31	92043
of the Revised Code received more than five years before the date	92044
of application for the license;	92045

(5) Provide for the granting of waivers under section 4713.29	92046
of the Revised Code;	92047

(6) Specify conditions an applicant must satisfy for the	92048
board to issue the applicant a license under section 4713.34 of	92049
the Revised Code without the applicant taking an examination	92050
conducted under section 4713.24 of the Revised Code;	92051

(7) Specify locations in which glamour photography services	92052
in which a branch of cosmetology is practiced may be provided;	92053

(8) Establish conditions and the fee for a temporary special	92054
occasion work permit under section 4713.37 of the Revised Code and	92055
specify the amount of time such a permit is valid;	92056

(9) Specify conditions an applicant must satisfy for the	92057
board to issue the applicant an independent contractor license	92058
under section 4713.39 of the Revised Code and the fee for issuance	92059
and renewal of the license;	92060

(10) Establish conditions under which food may be sold at a	92061
salon;	92062

(11) Specify which professions regulated by a professional	92063
regulatory board of this state may be practiced in a salon under	92064
section 4713.42 of the Revised Code;	92065

(12) Establish standards for the provision of cosmetic	92066
therapy, massage therapy, or other professional service in a salon	92067
pursuant to section 4713.42 of the Revised Code;	92068

(13) Establish standards for board approval of, and the	92069
granting of credits for, training in branches of cosmetology at	92070
schools of cosmetology licensed in this state;	92071

(14) Establish the manner in which a school of cosmetology	92072
licensed under section 4713.44 of the Revised Code may offer	92073
post-secondary and advanced practice programs;	92074

(15) Establish sanitary standards for the practice of the	92075
branches of cosmetology, salons, and schools of cosmetology;	92076

~~(15)~~(16) Establish the application process for obtaining a	92077
tanning facility permit under section 4713.48 of the Revised Code,	92078
including the amount of the fee for an initial or renewed permit;	92079

~~(16)~~(17) Establish standards for installing and operating a	92080
tanning facility in a manner that ensures the health and safety of	92081
consumers, including standards that do all of the following:	92082

(a) Establish a maximum safe time of exposure to radiation	92083
and a maximum safe temperature at which sun lamps may be operated;	92084

(b) Require consumers to wear protective eyeglasses and be	92085
supervised as to the length of time consumers use the facility;	92086

(c) Require the operator to prohibit consumers from standing	92087
too close to sun lamps and to post signs warning consumers of the	92088
potential effects of radiation on persons taking certain	92089
medications and of the possible relationship of the radiation to	92090
skin cancer;	92091

(d) Require the installation of protective shielding for sun	92092
lamps and handrails for consumers;	92093

(e) Require floors to be dry during operation of lamps;

92094

(f) Require a consumer who is under the age of eighteen to	92095
obtain written consent from the consumer's parent or legal	92096
guardian prior to receiving tanning services.	92097

~~(17)~~(18)(a) If the board, under section 4713.61 of the	92098
Revised Code, develops a procedure for classifying licenses	92099
inactive, do both of the following:	92100

(i) Establish a fee for having a license classified inactive	92101
that reflects the cost to the board of providing the inactive	92102
license service;	92103

(ii) Specify the continuing education that a person whose	92104
license has been classified inactive must complete to have the	92105
license restored. The continuing education shall be sufficient to	92106
ensure the minimum competency in the use or administration of a	92107
new procedure or product required by a licensee necessary to	92108
protect public health and safety. The requirement shall not exceed	92109
the cumulative number of hours of continuing education that the	92110
person would have been required to complete had the person	92111
retained an active license.	92112

(b) In addition, the board may specify the conditions and	92113
method for granting a temporary work permit to practice a branch	92114
of cosmetology to a person whose license has been classified	92115
inactive.	92116

~~(18)~~(19) Establish a fee for approval of a continuing	92117
education program under section 4713.62 of the Revised Code that	92118
is adequate to cover any expense the board incurs in the approval	92119
process;	92120

~~(19)~~(20) Anything else necessary to implement this chapter.

92121

(B)(1) The rules adopted under division (A)(2) of this	92122
section may establish additional conditions for a temporary	92123
pre-examination work permit under section 4713.22 of the Revised	92124
Code that are applicable to persons who practice a branch of	92125
cosmetology in another state or country.	92126

(2) The rules adopted under division (A)~~(17)~~(18)(b) of this	92127
section may establish additional conditions for a temporary work	92128
permit that are applicable to persons who practice a branch of	92129
cosmetology in another state.	92130

(C) The conditions specified in rules adopted under division	92131
(A)(6) of this section may include that an applicant is applying	92132
for a license to practice a branch of cosmetology for which the	92133
board determines an examination is unnecessary.	92134

(D) The rules adopted under division (A)(11) of this section	92135
shall not include a profession if practice of the profession in a	92136
salon is a violation of a statute or rule governing the	92137
profession.	92138

(E) The sanitary standards established under division	92139
(A)~~(14)~~(15) of this section shall focus in particular on	92140
precautions to be employed to prevent infectious or contagious	92141
diseases being created or spread. The board shall consult with the	92142
Ohio department of health when establishing the sanitary	92143
standards.	92144

(F) The fee established by rules adopted under division	92145
(A)~~(15)~~(16) of this section shall cover the cost the board incurs	92146
in inspecting tanning facilities and enforcing the board's rules	92147
but may not exceed one hundred dollars per location of such	92148
facilities.	92149

Sec. 4713.44. (A) The state board of cosmetology shall issue	92150
a license to operate a school of cosmetology to an applicant who	92151
pays the applicable fee and satisfies all of the following	92152
requirements:	92153

~~(A)~~(1) Maintains a course of practical training and technical	92154
instruction for the branch or branches of cosmetology to be taught	92155
at the school equal to the requirements for admission to an	92156
examination under section 4713.24 of the Revised Code that a	92157
person must pass to obtain a license to practice that branch or	92158
those branches of cosmetology;	92159

~~(B)~~(2) Possesses or makes available apparatus and equipment	92160
sufficient for the ready and full teaching of all subjects of the	92161
curriculum;	92162

~~(C)~~(3) Maintains persons licensed under section 4713.31 or	92163
4713.34 of the Revised Code to teach the theory and practice of	92164
the branches of cosmetology;	92165

~~(D)~~(4) Notifies the board of the enrollment of each new	92166
student, keeps a record devoted to the different practices,	92167
establishes grades, and holds examinations in order to certify the	92168
students' completion of the prescribed course of study before the	92169
issuance of certificates of completion;	92170

~~(E)~~(5) In the case of a school of cosmetology that offers	92171
clock hours for the purpose of satisfying minimum hours of	92172
training and instruction, keeps a daily record of the attendance	92173
of each student;	92174

~~(F)~~(6) On the date that an apprentice cosmetology instructor	92175
begins cosmetology instructor training at the school, certifies	92176
the name of the apprentice cosmetology instructor to the board	92177
along with the date on which the apprentice's instructor training	92178
began;	92179

~~(G)~~(7) Instructs not more than six apprentice cosmetology	92180
instructors at any one time;	92181

~~(H)~~(8) Files with the board a good and sufficient surety bond	92182
executed by the person, firm, or corporation operating the school	92183
of cosmetology as principal and by a surety company as surety in	92184
the amount of ten thousand dollars; provided, that this	92185
requirement does not apply to a vocational program conducted by a	92186
city, exempted village, local, or joint vocational school	92187
district. The bond shall be in the form prescribed by the board	92188
and be conditioned upon the school's continued instruction in the	92189
theory and practice of the branches of cosmetology. Every bond	92190
shall continue in effect until notice of its termination is given	92191
to the board by registered mail and every bond shall so provide.	92192

(9) Establishes and maintains an internal procedure for	92193
processing complaints filed against the school and for providing	92194
students with instructions on how to file a complaint directly	92195
with the board pursuant to section 4713.641 of the Revised Code.	92196

(B) A school of cosmetology holding a license issued under	92197
division (A) of this section is an educational institution and is	92198
authorized to offer educational programs beyond secondary	92199
education, advanced practice programs, or both in accordance with	92200
rules adopted by the board pursuant to section 4713.08 of the	92201
Revised Code.	92202

(C) A school of cosmetology holding a license to operate a	92203
school of cosmetology on the effective date of this amendment	92204
shall establish and maintain an internal procedure for processing	92205
complaints filed against the school and shall provide each of the	92206
school's students with instructions on how to file a complaint	92207
directly with the board pursuant to section 4713.641 of the	92208
Revised Code.	92209

Sec. 4713.641. Any student or former student of a school of	92210
cosmetology licensed under division (A) of section 4713.44 of the	92211
Revised Code may file a complaint with the state board of	92212
cosmetology alleging that the school has violated division (A) of	92213
section 4713.64 of the Revised Code. The complaint shall be in	92214
writing and signed by the person bringing the complaint. Upon	92215
receiving a complaint, the board shall initiate a preliminary	92216
investigation to determine whether it is probable that a violation	92217
was committed. If the board determines after preliminary	92218
investigation that it is not probable that a violation was	92219
committed, the board shall notify the person who filed the	92220
complaint of the board's findings and that the board will not	92221
issue a formal complaint in the matter. If the board determines	92222
after a preliminary investigation that it is probable that a	92223
violation was committed, the board shall proceed against the	92224
school pursuant to the board's authority under section 4713.64 of	92225
the Revised Code and in accordance with the hearing and notice	92226
requirements prescribed in Chapter 119. of the Revised Code.	92227

Sec. 4715.22. (A)(1) This section applies only when a	92228
licensed dental hygienist is not practicing under a permit issued	92229
pursuant to section 4715.363 of the Revised Code authorizing	92230
practice under the oral health access supervision of a dentist.	92231

(2) As used in this section, "health care facility" means	92232
either of the following:	92233

(a) A hospital registered under section 3701.07 of the	92234
Revised Code;	92235

(b) A "home" as defined in section 3721.01 of the Revised	92236
Code.	92237

(B) A licensed dental hygienist shall practice under the	92238
supervision, order, control, and full responsibility of a dentist	92239
licensed under this chapter. A dental hygienist may practice in a	92240
dental office, public or private school, health care facility,	92241
dispensary, or public institution. Except as provided in division	92242
(C) or (D) of this section, a dental hygienist may not provide	92243
dental hygiene services to a patient when the supervising dentist	92244
is not physically present at the location where the dental	92245
hygienist is practicing.	92246

(C) A dental hygienist may provide, for not more than fifteen	92247
consecutive business days, dental hygiene services to a patient	92248
when the supervising dentist is not physically present at the	92249
location at which the services are provided if all of the	92250
following requirements are met:	92251

(1) The dental hygienist has at least two years and a minimum	92252
of three thousand hours of experience in the practice of dental	92253
hygiene.	92254

(2) The dental hygienist has successfully completed a course	92255
approved by the state dental board in the identification and	92256
prevention of potential medical emergencies.	92257

(3) The dental hygienist complies with written protocols for	92258
emergencies the supervising dentist establishes.	92259

(4) The dental hygienist does not perform, while the	92260
supervising dentist is absent from the location, procedures while	92261
the patient is anesthetized, definitive root planing, definitive	92262
subgingival curettage, or other procedures identified in rules the	92263
state dental board adopts.	92264

(5) The supervising dentist has evaluated the dental	92265
hygienist's skills.	92266

(6) The supervising dentist examined the patient not more	92267
than seven months prior to the date the dental hygienist provides	92268
the dental hygiene services to the patient.	92269

(7) The dental hygienist complies with written protocols or	92270
written standing orders that the supervising dentist establishes.	92271

(8) The supervising dentist completed and evaluated a medical	92272
and dental history of the patient not more than one year prior to	92273
the date the dental hygienist provides dental hygiene services to	92274
the patient and, except when the dental hygiene services are	92275
provided in a health care facility, the supervising dentist	92276
determines that the patient is in a medically stable condition.	92277

(9) If the dental hygiene services are provided in a health	92278
care facility, a doctor of medicine and surgery or osteopathic	92279
medicine and surgery who holds a current certificate issued under	92280
Chapter 4731. of the Revised Code or a registered nurse licensed	92281
under Chapter 4723. of the Revised Code is present in the health	92282
care facility when the services are provided.	92283

(10) In advance of the appointment for dental hygiene	92284
services, the patient is notified that the supervising dentist	92285
will be absent from the location and that the dental hygienist	92286
cannot diagnose the patient's dental health care status.	92287

(11) The dental hygienist is employed by, or under contract	92288
with, one of the following:	92289

(a) The supervising dentist;

92290

(b) A dentist licensed under this chapter who is one of the	92291
following:	92292

(i) The employer of the supervising dentist;

92293

(ii) A shareholder in a professional association formed under	92294
Chapter 1785. of the Revised Code of which the supervising dentist	92295
is a shareholder;	92296

(iii) A member or manager of a limited liability company	92297
formed under Chapter 1705. of the Revised Code of which the	92298
supervising dentist is a member or manager;	92299

(iv) A shareholder in a corporation formed under division (B)	92300
of section 1701.03 of the Revised Code of which the supervising	92301
dentist is a shareholder;	92302

(v) A partner or employee of a partnership or a limited	92303
liability partnership formed under Chapter 1775. or 1776. of the	92304
Revised Code of which the supervising dentist is a partner or	92305
employee.	92306

(c) A government entity that employs the dental hygienist to	92307
provide dental hygiene services in a public school or in	92308
connection with other programs the government entity administers.	92309

(D) A dental hygienist may provide dental hygiene services to	92310
a patient when the supervising dentist is not physically present	92311
at the location at which the services are provided if the services	92312
are provided as part of a dental hygiene program that is approved	92313
by the state dental board and all of the following requirements	92314
are met:	92315

(1) The program is operated through a school district board	92316
of education or the governing board of an educational service	92317
center; the board of health of a city or general health district	92318
or the authority having the duties of a board of health under	92319
section 3709.05 of the Revised Code; a national, state, district,	92320
or local dental association; or any other public or private entity	92321
recognized by the state dental board.	92322

(2) The supervising dentist is employed by or a volunteer	92323
for, and the patients are referred by, the entity through which	92324
the program is operated.	92325

(3) ~~The~~(a) Except as provided in division (D)(3)(b) of this	92326
section, the services are performed after examination and	92327
diagnosis by the dentist and in accordance with the dentist's	92328
written treatment plan.	92329

(b) The requirement in division (D)(3)(a) of this section	92330
does not apply when the only service to be provided by the dental	92331
hygienist is the placement of pit and fissure sealants.	92332

(E) No person shall do either of the following:

92333

(1) Practice dental hygiene in a manner that is separate or	92334
otherwise independent from the dental practice of a supervising	92335
dentist;	92336

(2) Establish or maintain an office or practice that is	92337
primarily devoted to the provision of dental hygiene services.	92338

(F) The state dental board shall adopt rules under division	92339
(C) of section 4715.03 of the Revised Code identifying procedures	92340
a dental hygienist may not perform when practicing in the absence	92341
of the supervising dentist pursuant to division (C) or (D) of this	92342
section.	92343

Sec. 4715.36. As used in this section and sections 4715.361	92344
to 4715.374 of the Revised Code:	92345

(A) "Accredited dental hygiene school" means a dental hygiene	92346
school accredited by the American dental association commission on	92347
dental accreditation or a dental hygiene school whose educational	92348
standards are recognized by the American dental association	92349
commission on dental accreditation and approved by the state	92350
dental board.	92351

(B) "Authorizing dentist" means a dentist who authorizes a	92352
dental hygienist to perform dental hygiene services under section	92353
4715.365 of the Revised Code.	92354

(C) "Clinical evaluation" means a diagnosis and treatment	92355
plan formulated for an individual patient by a dentist.	92356

(D) "Dentist" means an individual licensed under this chapter	92357
to practice dentistry.	92358

(E) "Dental hygienist" means an individual licensed under	92359
this chapter to practice as a dental hygienist.	92360

(F) "Dental hygiene services" means the prophylactic,	92361
preventive, and other procedures that dentists are authorized by	92362
this chapter and rules of the state dental board to assign to	92363
dental hygienists, except for procedures while a patient is	92364
anesthetized, definitive root planing, definitive subgingival	92365
curettage, the administration of local anesthesia, and the	92366
procedures specified in rules adopted by the board as described in	92367
division (C)(4) of section 4715.22 of the Revised Code.	92368

(G) "Facility" means any of the following:

92369

(1) A health care facility, as defined in section 4715.22 of	92370
the Revised Code;	92371

(2) A state correctional institution, as defined in section	92372
2967.01 of the Revised Code;	92373

(3) A comprehensive child development program that receives	92374
funds distributed under the "Head Start Act," 95 Stat. 499 (1981),	92375
42 U.S.C. 9831, as amended, and is licensed as a child day-care	92376
center;	92377

(4) A residential facility licensed under section 5123.19 of	92378
the Revised Code;	92379

(5) A public school, as defined in section 3701.93 of the	92380
Revised Code, located in an area designated as a dental health	92381
resource shortage area pursuant to section 3702.87 of the Revised	92382
Code;	92383

(6) A nonpublic school, as defined in section 3701.93 of the	92384
Revised Code, located in an area designated as a dental health	92385
resource shortage area pursuant to section 3702.87 of the Revised	92386
Code;	92387

(7) A federally qualified health center or federally	92388
qualified health center look-alike, as defined in section 3701.047	92389
of the Revised Code;	92390

(8) A shelter for victims of domestic violence, as defined in	92391
section 3113.33 of the Revised Code;	92392

(9) A facility operated by the department of youth services	92393
under Chapter 5139. of the Revised Code;	92394

(10) ~~A shelter for runaways, as defined in section 5119.64 of~~	92395
~~the Revised Code;~~	92396

~~(11)~~ A foster home, as defined in section 5103.02 of the	92397
Revised Code;	92398

~~(12)~~(11) A nonprofit clinic, as defined in section 3715.87 of	92399
the Revised Code;	92400

~~(13)~~(12) The residence of one or more individuals receiving	92401
services provided by a home health agency, as defined in section	92402
5101.61 of the Revised Code;	92403

~~(14)~~(13) A dispensary;

92404

~~(15)~~(14) A health care facility, such as a clinic or	92405
hospital, of the United States department of veterans affairs;	92406

~~(16)~~(15) The residence of one or more individuals enrolled in	92407
a home and community-based services medicaid waiver component, as	92408
defined in section ~~5111.851~~5166.01 of the Revised Code;	92409

~~(17)~~(16) A facility operated by the board of health of a city	92410
or general health district or the authority having the duties of a	92411
board of health under section 3709.05 of the Revised Code;	92412

~~(18)~~(17) A women, infants, and children clinic;

92413

~~(19)~~(18) A mobile dental unit located at any location listed	92414
in divisions (G)(1) to ~~(18)~~(17) of this section;	92415

~~(20)~~(19) Any other location, as specified by the state dental	92416
board in rules adopted under section 4715.372 of the Revised Code,	92417
that is in an area designated as a dental health resource shortage	92418
area pursuant to section 3702.87 of the Revised Code and provides	92419
health care services to individuals who are medicaid recipients of	92420
~~medical assistance under the medicaid program established pursuant~~	92421
~~to Chapter 5111. of the Revised Code~~ and to indigent and uninsured	92422
persons, as defined in section 2305.234 of the Revised Code.	92423

Sec. 4715.372. (A) The state dental board shall adopt rules	92424
in accordance with Chapter 119. of the Revised Code as necessary	92425
to implement the oral health access supervision program, including	92426
rules that do all of the following:	92427

(1) For the purpose of division (G)~~(20)~~(19) of section	92428
4715.36 of the Revised Code, designate additional facilities at	92429
which a dental hygienist may be authorized to perform dental	92430
hygiene services under the oral health access supervision program;	92431

(2) For the purpose of section 4715.362 of the Revised Code,	92432
prescribe the application form and requirements for obtaining an	92433
oral health access supervision permit;	92434

(3) For the purpose of section 4715.363 of the Revised Code,	92435
prescribe the application form for a permit to practice as a	92436
dental hygienist under the oral health access supervision of a	92437
dentist;	92438

(4) For the purpose of division (B)(3) of section 4715.363 of	92439
the Revised Code and subject to division (B) of this section,	92440
establish standards for the course in the practice of dental	92441
hygiene under oral health access supervision;	92442

(5) For the purpose of section 4715.369 of the Revised Code,	92443
prescribe the form for renewal of an oral health access	92444
supervision permit;	92445

(6) For the purpose of section 4715.37 of the Revised Code,	92446
prescribe the form for renewal of a permit to practice as a dental	92447
hygienist under the oral health access supervision of a dentist.	92448

(B) The course in the practice of dental hygiene under oral	92449
health access supervision for which the board establishes	92450
standards under division (A)(4) of this section shall meet all of	92451
the following requirements:	92452

(1) Be eight hours in length;

92453

(2) Include, at a minimum, instruction in both of the	92454
following:	92455

(a) The treatment of geriatric patients, medically	92456
compromised patients, developmentally disabled patients, and	92457
pediatric patients;	92458

(b) Recordkeeping practices.

92459

(3) Be developed and offered by an institution accredited by	92460
the American dental association commission on dental accreditation	92461
or a program provided by a sponsor of continuing education	92462
approved by the board;	92463

(4) Include content that is separate and independent from the	92464
course content required for the completion of dental hygiene	92465
education from an accredited dental hygiene school.	92466

Sec. 4717.03. (A) Members of the board of embalmers and	92467
funeral directors shall annually in July, or within thirty days	92468
after the senate's confirmation of the new members appointed in	92469
that year, meet and organize by selecting from among its members a	92470
president, vice-president, and secretary-treasurer. The board may	92471
hold other meetings as it determines necessary. A quorum of the	92472
board consists of four members, of whom at least three shall be	92473
members who are embalmers and funeral directors. The concurrence	92474
of at least four members is necessary for the board to take any	92475
action. The president and secretary-treasurer shall sign all	92476
licenses issued under this chapter and affix the board's seal to	92477
each license.	92478

(B) The board may appoint an individual who is not a member	92479
of the board to serve as executive director of the board. The	92480
executive director serves at the pleasure of the board and shall	92481
do all of the following:	92482

(1) Serve as the board's chief administrative officer;

92483

(2) Act as custodian of the board's records;

92484

(3) Execute all of the board's orders;

92485

(4) Employ staff who are not members of the board and who	92486
serve at the pleasure of the executive director to provide any	92487
assistance that the board considers necessary.	92488

(C) In executing the board's orders as required by division	92489
(B)(3) of this section, the executive director may enter the	92490
premises, establishment, office, or place of business of any	92491
embalmer, funeral director, or operator of a crematory facility in	92492
this state. The executive director may serve and execute any	92493
process issued by any court under this chapter.	92494

~~(C) The board may employ clerical or technical staff who are~~	92495
~~not members of the board and who serve at the pleasure of the~~	92496
~~board to provide any clerical or technical assistance the board~~	92497
~~considers necessary.~~(D) The ~~board~~executive director may employ	92498
necessary inspectors, who shall be licensed embalmers and funeral	92499
directors. ~~Any~~An inspector employed by the ~~board~~executive	92500
director may enter the premises, establishment, office, or place	92501
of business of any embalmer, funeral director, or operator of a	92502
crematory facility in this state, for the purposes of inspecting	92503
the facility and premises; the license and registration of	92504
embalmers and funeral directors operating in the facility; and the	92505
license of the funeral home, embalming facility, or crematory~~. The~~	92506
~~inspector shall serve and execute any process issued by any court~~	92507
~~under this chapter, serve and execute any papers or process issued~~	92508
~~by the board or any officer or member of the board,~~facility and	92509
perform any other duties delegated to the inspector by the board	92510
or assigned to the inspector by the executive director. The	92511
executive director may enter the facility or premises of a funeral	92512
home, embalming facility, or crematory for the purpose of an	92513
inspection if accompanied by an inspector or, if an inspector is	92514
not available, when a situation presents a danger of immediate and	92515
serious harm to the public.	92516

~~(D)~~(E) The president of the board shall designate three of	92517
~~its~~the board's members to serve on the crematory review board,	92518
which is hereby created, for such time as the president finds	92519
appropriate to carry out the provisions of this chapter. Those	92520
members of the crematory review board designated by the president	92521
to serve and three members designated by the cemetery dispute	92522
resolution commission shall designate, by a majority vote, one	92523
person who is experienced in the operation of a crematory facility	92524
and who is not affiliated with a cemetery or a funeral home to	92525
serve on the crematory review board for such time as the crematory	92526
review board finds appropriate. Members serving on the crematory	92527
review board shall not receive any additional compensation for	92528
serving on the board, but may be reimbursed for their actual and	92529
necessary expenses incurred in the performance of official duties	92530
as members of the board. Members of the crematory review board	92531
shall designate one from among its members to serve as a	92532
chairperson for such time as the board finds appropriate. Costs	92533
associated with conducting an adjudicatory hearing in accordance	92534
with division ~~(E)~~(F) of this section shall be paid from funds	92535
available to the board of embalmers and funeral directors.	92536

~~(E)~~(F) Upon receiving written notice from the board of	92537
embalmers and funeral directors of any of the following, the	92538
crematory review board shall conduct an adjudicatory hearing on	92539
the matter in accordance with Chapter 119. of the Revised Code,	92540
except as otherwise provided in this section or division (C) of	92541
section 4717.14 of the Revised Code:	92542

(1) Notice provided under division ~~(H)~~(I) of this section of	92543
an alleged violation of any provision of this chapter or any rules	92544
adopted under this chapter governing or in connection with	92545
crematory facilities or cremation;	92546

(2) Notice provided under division (B) of section 4717.14 of	92547
the Revised Code that the board of embalmers and funeral directors	92548
proposes to refuse to grant or renew, or to suspend or revoke, a	92549
license to operate a crematory facility;	92550

(3) Notice provided under division (C) of section 4717.14 of	92551
the Revised Code that the board of embalmers and funeral directors	92552
has issued an order summarily suspending a license to operate a	92553
crematory facility;	92554

(4) Notice provided under division (B) of section 4717.15 of	92555
the Revised Code that the board of embalmers and funeral directors	92556
proposes to issue a notice of violation and order requiring	92557
payment of a forfeiture for any violation described in divisions	92558
(A)(9)(a) to (g) of section 4717.04 of the Revised Code alleged in	92559
connection with a crematory facility or cremation.	92560

Nothing in division ~~(E)~~(F) of this section precludes the	92561
crematory review board from appointing an independent examiner in	92562
accordance with section 119.09 of the Revised Code to conduct any	92563
adjudication hearing required under division ~~(E)~~(F) of this	92564
section.	92565

The crematory review board shall submit a written report of	92566
findings and advisory recommendations, and a written transcript of	92567
its proceedings, to the board of embalmers and funeral directors.	92568
The board of embalmers and funeral directors shall serve a copy of	92569
the written report of the crematory review board's findings and	92570
advisory recommendations on the party to the adjudication or the	92571
party's attorney, by certified mail, within five days after	92572
receiving the report and advisory recommendations. A party may	92573
file objections to the written report with the board of embalmers	92574
and funeral directors within ten days after receiving the report.	92575
No written report is final or appealable until it is issued as a	92576
final order by the board of embalmers and funeral directors and	92577
entered on the record of the proceedings. The board of embalmers	92578
and funeral directors shall consider objections filed by the party	92579
prior to issuing a final order. After reviewing the findings and	92580
advisory recommendations of the crematory review board, the	92581
written transcript of the crematory review board's proceedings,	92582
and any objections filed by a party, the board of embalmers and	92583
funeral directors shall issue a final order in the matter. Any	92584
party may appeal the final order issued by the board of embalmers	92585
and funeral directors in a matter described in divisions ~~(E)~~(F)(1)	92586
to (4) of this section in accordance with section 119.12 of the	92587
Revised Code, except that the appeal may be made to the court of	92588
common pleas in the county in which is located the crematory	92589
facility to which the final order pertains, or in the county in	92590
which the party resides.	92591

~~(F)~~(G) On its own initiative or on receiving a written	92592
complaint from any person whose identity is made known to the	92593
board of embalmers and funeral directors, the board shall	92594
investigate the acts or practices of any person holding or	92595
claiming to hold a license or registration under this chapter	92596
that, if proven to have occurred, would violate this chapter or	92597
any rules adopted under it. The board may compel witnesses by	92598
subpoena to appear and testify in relation to investigations	92599
conducted under this chapter and may require by subpoena duces	92600
tecum the production of any book, paper, or document pertaining to	92601
an investigation. If a person does not comply with a subpoena or	92602
subpoena duces tecum, the board may apply to the court of common	92603
pleas of any county in this state for an order compelling the	92604
person to comply with the subpoena or subpoena duces tecum, or for	92605
failure to do so, to be held in contempt of court.	92606

~~(G)~~(H) If, as a result of its investigation conducted under	92607
division ~~(F)~~(G) of this section, the board of embalmers and	92608
funeral directors has reasonable cause to believe that the person	92609
investigated is violating any provision of this chapter or any	92610
rules adopted under this chapter governing or in connection with	92611
embalming, funeral directing, funeral homes, embalming facilities,	92612
or the operation of funeral homes or embalming facilities, it may,	92613
after providing the opportunity for an adjudicatory hearing, issue	92614
an order directing the person to cease the acts or practices that	92615
constitute the violation. The board shall conduct the adjudicatory	92616
hearing in accordance with Chapter 119. of the Revised Code except	92617
that, notwithstanding the provisions of that chapter, the	92618
following shall apply:	92619

(1) The board shall send the notice informing the person of	92620
the person's right to a hearing by certified mail.	92621

(2) The person is entitled to a hearing only if the person	92622
requests a hearing and if the board receives the request within	92623
thirty days after the mailing of the notice described in division	92624
~~(G)~~(H)(1) of this section.	92625

(3) A stenographic record shall be taken, in the manner	92626
prescribed in section 119.09 of the Revised Code, at every	92627
adjudicatory hearing held under this section, regardless of	92628
whether the record may be the basis of an appeal to a court.	92629

~~(H)~~(I) If, as a result of its investigation conducted under	92630
division ~~(F)~~(G) of this section, the board of embalmers and	92631
funeral directors has reasonable cause to believe that the person	92632
investigated is violating any provision of this chapter or any	92633
rules adopted under this chapter governing or in connection with	92634
crematory facilities or cremation, the board shall send written	92635
notice of the alleged violation to the crematory review board. If,	92636
after the conclusion of the adjudicatory hearing in the matter	92637
conducted under division ~~(E)~~(F) of this section, the board of	92638
embalmers and funeral directors finds that a person is in	92639
violation of any provision of this chapter or any rules adopted	92640
under this chapter governing or in connection with crematory	92641
facilities or cremation, the board may issue a final order under	92642
that division directing the person to cease the acts or practices	92643
that constitute the violation.	92644

~~(I)~~(J) The board of embalmers and funeral directors may bring	92645
a civil action to enjoin any violation or threatened violation of	92646
sections 4717.01 to 4717.15 of the Revised Code or a rule adopted	92647
under any of those sections; division (A) or (B) of section	92648
4717.23; division (B)(1) or (2), (C)(1) or (2), (D), (E), or	92649
(F)(1) or (2), or divisions (H) to (K) of section 4717.26;	92650
division (D)(1) of section 4717.27; divisions (A) to (C) of	92651
section 4717.28, or division (D) or (E) of section 4717.31 of the	92652
Revised Code. The action shall be brought in the county where the	92653
violation occurred or the threatened violation is expected to	92654
occur. At the request of the board, the attorney general shall	92655
represent the board in any matter arising under this chapter.	92656

~~(J)~~(K) The board of embalmers and funeral directors and the	92657
crematory review board may issue subpoenas for funeral directors	92658
and embalmers or persons holding themselves out as such, for	92659
operators of crematory facilities or persons holding themselves	92660
out as such, or for any other person whose testimony, in the	92661
opinion of either board, is necessary. The subpoena shall require	92662
the person to appear before the appropriate board or any	92663
designated member of either board, upon any hearing conducted	92664
under this chapter. The penalty for disobedience to the command of	92665
such a subpoena is the same as for refusal to answer such a	92666
process issued under authority of the court of common pleas.	92667

~~(K)~~(L) All moneys received by the board of embalmers and	92668
funeral directors from any source shall be deposited in the state	92669
treasury to the credit of the occupational licensing and	92670
regulatory fund created in section 4743.05 of the Revised Code.	92671

~~(L)~~(M) The board of embalmers and funeral directors shall	92672
submit a written report to the governor on or before the first	92673
Monday of July of each year. This report shall contain a detailed	92674
statement of the nature and amount of the board's receipts and the	92675
amount and manner of its expenditures.	92676

Sec. 4717.06. (A)(1) Any person who desires to obtain a	92677
license to operate a funeral home, embalming facility, or	92678
crematory facility shall apply to the board of embalmers and	92679
funeral directors on a form provided by the board. The application	92680
shall include the initial license fee set forth in section 4717.07	92681
of the Revised Code and proof satisfactory to the board that the	92682
funeral home, embalming facility, or crematory facility is in	92683
compliance with rules adopted by the board under section 4717.04	92684
of the Revised Code, rules adopted by the board of building	92685
standards under Chapter 3781. of the Revised Code, and all other	92686
federal, state, and local requirements relating to the safety of	92687
the premises.	92688

(2) If the funeral home, embalming facility, or crematory	92689
facility to which the license application pertains is owned by a	92690
corporation or limited liability company, the application shall	92691
include the name and address of the corporation's or limited	92692
liability company's statutory agent appointed under section	92693
1701.07 or 1705.06 of the Revised Code or, in the case of a	92694
foreign corporation, the corporation's designated agent appointed	92695
under section 1703.041 of the Revised Code. If the funeral home,	92696
embalming facility, or crematory facility to which the application	92697
pertains is owned by a partnership, the application shall include	92698
the name and address of each of the partners. If, at any time	92699
after the submission of a license application or issuance of a	92700
license, the statutory or designated agent of a corporation or	92701
limited liability company owning a funeral home, embalming	92702
facility, or crematory facility or the address of the statutory or	92703
designated agent changes or, in the case of a partnership, any of	92704
the partners of the funeral home, embalming facility, or crematory	92705
facility or the address of any of the partners changes, the	92706
applicant for or holder of the license to operate the funeral	92707
home, embalming facility, or crematory facility shall submit	92708
written notice to the board, within thirty days after the change,	92709
informing the board of the change and of any name or address of a	92710
statutory or designated agent or partner that has changed from	92711
that contained in the application for the license or the most	92712
recent notice submitted under division (A)(2) of this section.	92713

(B)(1) The board shall issue a license to operate a funeral	92714
home only for the address at which the funeral home is operated.	92715
The funeral home license and licenses of the embalmers and funeral	92716
directors employed by the funeral home shall be displayed in a	92717
conspicuous place within the funeral home.	92718

(2) The funeral home shall have on the premises one of the	92719
following:	92720

(a) If embalming will take place at the funeral home, an	92721
embalming room that is adequately equipped and maintained. The	92722
embalming room shall be kept in a clean and sanitary manner and	92723
used only for the embalming, preparation, or holding of dead human	92724
bodies. The embalming room shall contain only the articles,	92725
facilities, and instruments necessary for those purposes.	92726

(b) If embalming will not take place at the funeral home, a	92727
holding room that is adequately equipped and maintained. The	92728
holding room shall be kept in a clean and sanitary manner and used	92729
only for the preparation, other than embalming, and holding of	92730
dead human bodies. The holding room shall contain only the	92731
articles and facilities necessary for those purposes.	92732

(3) Except as provided in division (B) of section 4717.11 of	92733
the Revised Code, a funeral home shall be established and operated	92734
only under the name of a holder of a funeral director's license	92735
issued by the board who is actually in charge of and ultimately	92736
responsible for the funeral home, and a funeral home license shall	92737
not include directional or geographical references in the name of	92738
the funeral home. The holder of the funeral home license shall be	92739
a funeral director licensed under this chapter who is actually in	92740
charge of and ultimately responsible for the funeral home. Nothing	92741
in division (B)(3) of this section prohibits the holder of a	92742
funeral home license from including directional or geographical	92743
references in promotional or advertising materials identifying the	92744
location of the funeral home.	92745

(4) Each funeral home shall be directly supervised by a	92746
funeral director licensed under this chapter, who ~~shall~~may	92747
supervise ~~only~~more than one funeral home.	92748

(C)(1) The board shall issue a license to operate an	92749
embalming facility only for the address at which the embalming	92750
facility is operated. The license shall be displayed in a	92751
conspicuous place within the facility.	92752

(2) The embalming facility shall be adequately equipped and	92753
maintained in a sanitary manner. The embalming room at such a	92754
facility shall contain only the articles, facilities, and	92755
instruments necessary for its stated purpose. The embalming room	92756
shall be kept in a clean and sanitary condition and used only for	92757
the care and preparation of dead human bodies.	92758

(3) An embalming facility license shall be issued only to an	92759
embalmer licensed under division (B) of section 4717.05 of the	92760
Revised Code, who is actually in charge of the facility.	92761

(D)(1) The board shall issue a license to operate a crematory	92762
facility only for the address at which the crematory facility is	92763
located and operated. The license shall be displayed in a	92764
conspicuous place within the crematory facility.	92765

(2) The crematory facility shall be adequately equipped and	92766
maintained in a clean and sanitary manner. The crematory facility	92767
may be located in a funeral home, embalming facility, cemetery	92768
building, or other building in which the crematory facility may	92769
lawfully operate. If a crematory facility engages in the cremation	92770
of animals, the crematory facility shall cremate animals in a	92771
cremation chamber that also is not used to cremate dead human	92772
bodies or human body parts and shall not cremate animals in a	92773
cremation chamber used for the cremation of dead human bodies and	92774
human body parts. Cremation chambers that are used for the	92775
cremation of dead human bodies or human body parts and cremation	92776
chambers used for the cremation of animals may be located in the	92777
same area.	92778

(3) A license to operate a crematory facility shall be issued	92779
to the person actually in charge of the crematory facility. This	92780
section does not require the individual who is actually in charge	92781
of the crematory facility to be an embalmer or funeral director	92782
licensed under this chapter.	92783

(4) Nothing in this section or rules adopted under section	92784
4717.04 of the Revised Code precludes the establishment and	92785
operation of a crematory facility on or adjacent to the property	92786
on which a cemetery, funeral home, or embalming facility is	92787
located.	92788

Sec. 4717.07. (A) The board of embalmers and funeral	92789
directors shall charge and collect the following fees:	92790

(1) For the initial issuance or biennial renewal of an	92791
embalmer's or funeral director's license, one hundred ~~forty~~fifty	92792
dollars;	92793

(2) For the issuance of an embalmer or funeral director	92794
registration, twenty-five dollars;	92795

(3) For filing an embalmer or funeral director certificate of	92796
apprenticeship, ten dollars;	92797

(4) For the application to take the examination for a license	92798
to practice as an embalmer or funeral director, or to retake a	92799
section of the examination, thirty-five dollars;	92800

(5) For the initial issuance of a license to operate a	92801
funeral home, ~~two~~three hundred fifty dollars and biennial renewal	92802
of a license to operate a funeral home, ~~two~~three hundred fifty	92803
dollars;	92804

(6) For the reinstatement of a lapsed embalmer's or funeral	92805
director's license, the renewal fee prescribed in division (A)(1)	92806
of this section plus fifty dollars for each month or portion of a	92807
month the license is lapsed ~~until reinstatement~~, but not more than	92808
one thousand dollars;	92809

(7) For the reinstatement of a lapsed license to operate a	92810
funeral home, the renewal fee prescribed in division (A)(5) of	92811
this section plus fifty dollars for each month or portion of a	92812
month the license is lapsed until reinstatement;	92813

(8) For the initial issuance of a license to operate an	92814
embalming facility, ~~two~~three hundred fifty dollars and biennial	92815
renewal of a license to operate an embalming facility, ~~two~~three	92816
hundred fifty dollars;	92817

(9) For the reinstatement of a lapsed license to operate an	92818
embalming facility, the renewal fee prescribed in division (A)(8)	92819
of this section plus fifty dollars for each month or portion of a	92820
month the license is lapsed until reinstatement;	92821

(10) For the initial issuance of a license to operate a	92822
crematory facility, ~~two~~three hundred fifty dollars and biennial	92823
renewal of a license to operate a crematory facility, ~~two~~three	92824
hundred fifty dollars;	92825

(11) For the reinstatement of a lapsed license to operate a	92826
crematory facility, the renewal fee prescribed in division (A)(10)	92827
of this section plus fifty dollars for each month or portion of a	92828
month the license is lapsed until reinstatement;	92829

(12) For the issuance of a duplicate of a license issued	92830
under this chapter, ~~four~~ten dollars.	92831

(B) In addition to the fees set forth in division (A) of this	92832
section, an applicant shall pay the examination fee assessed by	92833
any examining agency the board uses for any section of an	92834
examination required under this chapter.	92835

(C) Subject to the approval of the controlling board, the	92836
board of embalmers and funeral directors may establish fees in	92837
excess of the amounts set forth in this section, provided that	92838
these fees do not exceed the amounts set forth in this section by	92839
more than fifty per cent.	92840

Sec. 4717.10. (A) The board of embalmers and funeral	92841
directors may recognize licenses issued to embalmers and funeral	92842
directors by other states, and upon presentation of such licenses,	92843
may issue to the holder an embalmer's or funeral director's	92844
license under this chapter. The board shall charge the same fee as	92845
prescribed in section 4717.07 of the Revised Code to issue or	92846
renew such an embalmer's or funeral director's license. Such	92847
licenses shall be renewed ~~annually~~biennially as provided in	92848
section 4717.08 of the Revised Code. The board shall not issue a	92849
license to any person under this section unless the applicant	92850
proves that the applicant, in the state in which the applicant is	92851
licensed, has complied with requirements substantially equal to	92852
those established in section 4717.05 of the Revised Code.	92853

(B) The board of embalmers and funeral directors may issue	92854
courtesy cards. A courtesy cardholder shall be authorized to	92855
undertake both the following acts in this state:	92856

(1) Prepare and complete those sections of a death	92857
certificate and other permits needed for disposition of deceased	92858
human remains in this state and sign and file such death	92859
certificates and permits;	92860

(2) Supervise and conduct funeral ceremonies and interments	92861
in this state.	92862

(C) The board of embalmers and funeral directors may	92863
determine under what conditions a courtesy card may be issued to	92864
funeral directors in bordering states after taking into account	92865
whether and under what conditions and fees such border states	92866
issue similar courtesy cards to funeral directors licensed in this	92867
state. Applicants for courtesy cards shall apply on forms	92868
prescribed by the board, pay ~~an annual~~a biennial fee set by the	92869
board for initial applications and renewals, and adhere to such	92870
other requirements imposed by the board on courtesy cardholders.	92871

(D) No courtesy cardholder shall be authorized to undertake	92872
any of the following activities in this state:	92873

(1) Arranging funerals or disposition services with members	92874
of the public in this state;	92875

(2) Be employed by or under contract to a funeral home	92876
licensed in this state to perform funeral services in this state;	92877

(3) Advertise funeral or disposition services in this state;

92878

(4) Enter into or execute funeral or disposition contracts in	92879
this state;	92880

(5) Prepare or embalm deceased human remains in this state;

92881

(6) Arrange for or carry out the disinterment of human	92882
remains in this state.	92883

(E) As used in this section, "courtesy card" means a special	92884
permit that may be issued to a funeral director licensed in a	92885
state that borders this state and who does not hold a funeral	92886
director's license under this chapter.	92887

Sec. 4717.14. (A) The board of embalmers and funeral	92888
directors may refuse to grant or renew, or may suspend or revoke,	92889
any license issued under this chapter or may require the holder of	92890
a license to take corrective action courses for any of the	92891
following reasons:	92892

(1) The license was obtained by fraud or misrepresentation	92893
either in the application or in passing the examination.	92894

(2) The applicant or licensee has been convicted of or has	92895
pleaded guilty to a felony or of any crime involving moral	92896
turpitude.	92897

(3) The applicant or licensee has purposely violated any	92898
provision of sections 4717.01 to 4717.15 or a rule adopted under	92899
any of those sections; division (A) or (B) of section 4717.23;	92900
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),	92901
or divisions (H) to (K) of section 4717.26; division (D)(1) of	92902
section 4717.27; or divisions (A) to (C) of section 4717.28 of the	92903
Revised Code; any rule or order of the department of health or a	92904
board of health of a health district governing the disposition of	92905
dead human bodies; or any other rule or order applicable to the	92906
applicant or licensee.	92907

(4) The applicant or licensee has committed immoral or	92908
unprofessional conduct.	92909

(5) The applicant or licensee knowingly permitted an	92910
unlicensed person, other than a person serving an apprenticeship,	92911
to engage in the profession or business of embalming or funeral	92912
directing under the applicant's or licensee's supervision.	92913

(6) The applicant or licensee has been habitually	92914
intoxicated, or is addicted to the use of morphine, cocaine, or	92915
other habit-forming or illegal drugs.	92916

(7) The applicant or licensee has refused to promptly submit	92917
the custody of a dead human body upon the express order of the	92918
person legally entitled to the body.	92919

(8) The licensee loaned the licensee's own license, or the	92920
applicant or licensee borrowed or used the license of another	92921
person, or knowingly aided or abetted the granting of an improper	92922
license.	92923

(9) The applicant or licensee transferred a license to	92924
operate a funeral home, embalming facility, or crematory from one	92925
owner or operator to another, or from one location to another,	92926
without notifying the board.	92927

(10) The applicant or licensee misled the public by using	92928
false or deceptive advertising.	92929

(B)(1) The board of embalmers and funeral directors shall	92930
refuse to grant or renew, or shall suspend or revoke, an	92931
embalmer's, funeral director's, funeral home, or embalming	92932
facility license only in accordance with Chapter 119. of the	92933
Revised Code.	92934

(2) The board shall send to the crematory review board	92935
written notice that it proposes to refuse to issue or renew, or	92936
proposes to suspend or revoke, a license to operate a crematory	92937
facility. If, after the conclusion of the adjudicatory hearing on	92938
the matter conducted under division ~~(E)~~(F) of section 4717.03 of	92939
the Revised Code, the board of embalmers and funeral directors	92940
finds that any of the circumstances described in divisions (A)(1)	92941
to (10) of this section apply to the person named in its proposed	92942
action, the board may issue a final order under division ~~(E)~~(F) of	92943
section 4717.03 of the Revised Code refusing to issue or renew, or	92944
suspending or revoking, the person's license to operate a	92945
crematory facility.	92946

(C) If the board of embalmers and funeral directors	92947
determines that there is clear and convincing evidence that any of	92948
the circumstances described in divisions (A)(1) to (10) of this	92949
section apply to the holder of a license issued under this chapter	92950
and that the licensee's continued practice presents a danger of	92951
immediate and serious harm to the public, the board may suspend	92952
the licensee's license without a prior adjudicatory hearing. The	92953
executive director of the board shall prepare written allegations	92954
for consideration by the board.	92955

The board, after reviewing the written allegations, may	92956
suspend a license without a prior hearing.	92957

The board shall issue a written order of suspension by a	92958
delivery system or in person in accordance with section 119.07 of	92959
the Revised Code. Such an order is not subject to suspension by	92960
the court during the pendency of any appeal filed under section	92961
119.12 of the Revised Code. If the holder of an embalmer's,	92962
funeral director's, funeral home, or embalming facility license	92963
requests an adjudicatory hearing by the board, the date set for	92964
the hearing shall be within fifteen days, but not earlier than	92965
seven days, after the licensee has requested a hearing, unless the	92966
board and the licensee agree to a different time for holding the	92967
hearing.	92968

Upon issuing a written order of suspension to the holder of a	92969
license to operate a crematory facility, the board of embalmers	92970
and funeral directors shall send written notice of the issuance of	92971
the order to the crematory review board. The crematory review	92972
board shall hold an adjudicatory hearing on the order under	92973
division ~~(E)~~(F) of section 4717.03 of the Revised Code within	92974
fifteen days, but not earlier than seven days, after the issuance	92975
of the order, unless the crematory review board and the licensee	92976
agree to a different time for holding the adjudicatory hearing.	92977

Any summary suspension imposed under this division shall	92978
remain in effect, unless reversed on appeal, until a final	92979
adjudicatory order issued by the board of embalmers and funeral	92980
directors pursuant to this division and Chapter 119. of the	92981
Revised Code, or division ~~(E)~~(F) of section 4717.03 of the Revised	92982
Code, as applicable, becomes effective. The board of embalmers and	92983
funeral directors shall issue its final adjudicatory order within	92984
sixty days after the completion of its hearing or, in the case of	92985
the summary suspension of a license to operate a crematory	92986
facility, within sixty days after completion of the adjudicatory	92987
hearing by the crematory review board. A failure to issue the	92988
order within that time results in the dissolution of the summary	92989
suspension order, but does not invalidate any subsequent final	92990
adjudicatory order.	92991

(D) If the board of embalmers and funeral directors suspends	92992
or revokes a license held by a funeral director or a funeral home	92993
for any reason identified in division (A) of this section, the	92994
board may file a complaint with the court of common pleas in the	92995
county where the violation occurred requesting appointment of a	92996
receiver and the sequestration of the assets of the funeral home	92997
that held the suspended or revoked license or the licensed funeral	92998
home that employs the funeral director that held the suspended or	92999
revoked license. If the court of common pleas is satisfied with	93000
the application for a receivership, the court may appoint a	93001
receiver.	93002

The board or a receiver may employ and procure whatever	93003
assistance or advice is necessary in the receivership or	93004
liquidation and distribution of the assets of the funeral home,	93005
and, for that purpose, may retain officers or employees of the	93006
funeral home as needed. All expenses of the receivership or	93007
liquidation shall be paid from the assets of the funeral home and	93008
shall be a lien on those assets, and that lien shall be a priority	93009
to any other lien.	93010

(E) Any holder of a license issued under this chapter who has	93011
pleaded guilty to, has been found by a judge or jury to be guilty	93012
of, or has had a judicial finding of eligibility for treatment in	93013
lieu of conviction entered against the individual in this state	93014
for aggravated murder, murder, voluntary manslaughter, felonious	93015
assault, kidnapping, rape, sexual battery, gross sexual	93016
imposition, aggravated arson, aggravated robbery, or aggravated	93017
burglary, or who has pleaded guilty to, has been found by a judge	93018
or jury to be guilty of, or has had a judicial finding of	93019
eligibility for treatment in lieu of conviction entered against	93020
the individual in another jurisdiction for any substantially	93021
equivalent criminal offense, is hereby suspended from practice	93022
under this chapter by operation of law, and any license issued to	93023
the individual under this chapter is hereby suspended by operation	93024
of law as of the date of the guilty plea, verdict or finding of	93025
guilt, or judicial finding of eligibility for treatment in lieu of	93026
conviction, regardless of whether the proceedings are brought in	93027
this state or another jurisdiction. The board shall notify the	93028
suspended individual of the suspension of the individual's license	93029
by the operation of this division by a delivery system or in	93030
person in accordance with section 119.07 of the Revised Code. If	93031
an individual whose license is suspended under this division fails	93032
to make a timely request for an adjudicatory hearing, the board	93033
shall enter a final order revoking the license.	93034

(F) No person whose license has been suspended or revoked	93035
under or by the operation of this section shall practice embalming	93036
or funeral directing or operate a funeral home, embalming	93037
facility, or crematory facility until the board has reinstated the	93038
person's license.	93039

Sec. 4717.15. (A) The board of embalmers and funeral	93040
directors, without the necessity for conducting a prior	93041
adjudication hearing, may issue a notice of violation to the	93042
holder of an embalmer's, funeral director's, funeral home, or	93043
embalming facility license issued under this chapter who the board	93044
finds has committed any of the violations described in divisions	93045
(A)(9)(a) to (g) of section 4717.04 of the Revised Code. The	93046
notice shall set forth the specific violation committed by the	93047
licensee and shall be sent by certified mail. The notice shall be	93048
accompanied by an order requiring the payment of the appropriate	93049
forfeiture prescribed in rules adopted under division (A)(9) of	93050
section 4717.04 of the Revised Code and by a notice informing the	93051
licensee that the licensee is entitled to an adjudicatory hearing	93052
on the notice of violation and order if the licensee requests a	93053
hearing and if the board receives the request within thirty days	93054
after the mailing of the notice of violation and order. The board	93055
shall conduct any such adjudicatory hearing in accordance with	93056
Chapter 119. of the Revised Code, except as otherwise provided in	93057
this division.	93058

A licensee who receives a notice of violation and order under	93059
this division shall pay to the executive director of the board the	93060
full amount of the forfeiture by certified check within thirty	93061
days after the notice of violation and order were mailed to the	93062
licensee unless, within that time, the licensee submits a request	93063
for an adjudicatory hearing on the notice of violation and order.	93064
If such a request for an adjudicatory hearing is timely filed, the	93065
licensee need not pay the forfeiture to the executive director	93066
until after a final, nonappealable administrative or judicial	93067
decision is rendered on the order requiring payment of the	93068
forfeiture. If a final nonappealable administrative or judicial	93069
decision is rendered affirming the board's order, the licensee	93070
shall pay to the executive director of the board the full amount	93071
of the forfeiture by certified check within thirty days after	93072
notice of the decision was sent to the licensee. A forfeiture is	93073
considered to be paid when the licensee's certified check is	93074
received by the executive director in Columbus. If the licensee	93075
fails to so pay the full amount of the forfeiture to the executive	93076
director within that time, the board shall issue an order	93077
suspending or revoking the individual's license, as the board	93078
considers appropriate.	93079

(B) The board shall send to the crematory review board	93080
written notice that it proposes to issue to the holder of a	93081
license to operate a crematory facility issued under this chapter	93082
a notice of violation and order requiring payment of a forfeiture	93083
specified in rules adopted under division (A)(9) of section	93084
4717.04 of the Revised Code. If, after the conclusion of the	93085
adjudicatory hearing on the matter conducted under division ~~(E)~~(F)	93086
of section 4717.03 of the Revised Code, the board of embalmers and	93087
funeral directors finds that the licensee has committed any of the	93088
violations described in divisions (A)(9)(a) to (g) of section	93089
4717.04 of the Revised Code in connection with the operation of a	93090
crematory facility or cremation, the board of embalmers and	93091
funeral directors may issue a final order under division ~~(E)~~(F) of	93092
section 4717.03 of the Revised Code requiring payment of the	93093
appropriate forfeiture specified in rules adopted under division	93094
(A)(9) of section 4717.04 of the Revised Code. A licensee who	93095
receives such an order shall pay the full amount of the forfeiture	93096
to the executive director by certified check within thirty days	93097
after the order was sent to the licensee unless, within that time,	93098
the licensee files a notice of appeal in accordance with division	93099
~~(E)~~(F) of section 4717.03 and section 119.12 of the Revised Code.	93100
If such a notice of appeal is timely filed, the licensee need not	93101
pay the forfeiture to the executive director until after a final,	93102
nonappealable judicial decision is rendered in the appeal. If a	93103
final, nonappealable judicial decision is rendered affirming the	93104
board's order, the licensee shall pay to the executive director	93105
the full amount of the forfeiture by certified check within thirty	93106
days after notice of the decision was sent to the licensee. A	93107
forfeiture is considered paid when the licensee's certified check	93108
is received by the executive director in Columbus. If the licensee	93109
fails to so pay the full amount of the forfeiture to the executive	93110
director within that time, the board shall issue an order	93111
suspending or revoking the individual's license, as the board	93112
considers appropriate.	93113

Sec. 4719.01. (A) As used in sections 4719.01 to 4719.18 of	93114
the Revised Code:	93115

(1) "Affiliate" means a business entity that is owned by,	93116
operated by, controlled by, or under common control with another	93117
business entity.	93118

(2) "Communication" means a written or oral notification or	93119
advertisement that meets both of the following criteria, as	93120
applicable:	93121

(a) The notification or advertisement is transmitted by or on	93122
behalf of the seller of goods or services and by or through any	93123
printed, audio, video, cinematic, telephonic, or electronic means.	93124

(b) In the case of a notification or advertisement other than	93125
by telephone, either of the following conditions is met:	93126

(i) The notification or advertisement is followed by a	93127
telephone call from a telephone solicitor or salesperson.	93128

(ii) The notification or advertisement invites a response by	93129
telephone, and, during the course of that response, a telephone	93130
solicitor or salesperson attempts to make or makes a sale of goods	93131
or services. As used in division (A)(2)(b)(ii) of this section,	93132
"invites a response by telephone" excludes the mere listing or	93133
inclusion of a telephone number in a notification or	93134
advertisement.	93135

(3) "Gift, award, or prize" means anything of value that is	93136
offered or purportedly offered, or given or purportedly given by	93137
chance, at no cost to the receiver and with no obligation to	93138
purchase goods or services. As used in this division, "chance"	93139
includes a situation in which a person is guaranteed to receive an	93140
item and, at the time of the offer or purported offer, the	93141
telephone solicitor does not identify the specific item that the	93142
person will receive.	93143

(4) "Goods or services" means any real property or any	93144
tangible or intangible personal property, or services of any kind	93145
provided or offered to a person. "Goods or services" includes, but	93146
is not limited to, advertising; labor performed for the benefit of	93147
a person; personal property intended to be attached to or	93148
installed in any real property, regardless of whether it is so	93149
attached or installed; timeshare estates or licenses; and extended	93150
service contracts.	93151

(5) "Purchaser" means a person that is solicited to become or	93152
does become financially obligated as a result of a telephone	93153
solicitation.	93154

(6) "Salesperson" means an individual who is employed,	93155
appointed, or authorized by a telephone solicitor to make	93156
telephone solicitations but does not mean any of the following:	93157

(a) An individual who comes within one of the exemptions in	93158
division (B) of this section;	93159

(b) An individual employed, appointed, or authorized by a	93160
person who comes within one of the exemptions in division (B) of	93161
this section;	93162

(c) An individual under a written contract with a person who	93163
comes within one of the exemptions in division (B) of this	93164
section, if liability for all transactions with purchasers is	93165
assumed by the person so exempted.	93166

(7) "Telephone solicitation" means a communication to a	93167
person that meets both of the following criteria:	93168

(a) The communication is initiated by or on behalf of a	93169
telephone solicitor or by a salesperson.	93170

(b) The communication either represents a price or the	93171
quality or availability of goods or services or is used to induce	93172
the person to purchase goods or services, including, but not	93173
limited to, inducement through the offering of a gift, award, or	93174
prize.	93175

(8) "Telephone solicitor" means a person that engages in	93176
telephone solicitation directly or through one or more	93177
salespersons either from a location in this state, or from a	93178
location outside this state to persons in this state. "Telephone	93179
solicitor" includes, but is not limited to, any such person that	93180
is an owner, operator, officer, or director of, partner in, or	93181
other individual engaged in the management activities of, a	93182
business.	93183

(B) A telephone solicitor is exempt from the provisions of	93184
sections 4719.02 to 4719.18 and section 4719.99 of the Revised	93185
Code if the telephone solicitor is any one of the following:	93186

(1) A person engaging in a telephone solicitation that is a	93187
one-time or infrequent transaction not done in the course of a	93188
pattern of repeated transactions of a like nature;	93189

(2) A person engaged in telephone solicitation solely for	93190
religious or political purposes; a charitable organization,	93191
fund-raising counsel, or professional solicitor in compliance with	93192
the registration and reporting requirements of Chapter 1716. of	93193
the Revised Code; or any person or other entity exempt under	93194
section 1716.03 of the Revised Code from filing a registration	93195
statement under section 1716.02 of the Revised Code;	93196

(3) A person, making a telephone solicitation involving a	93197
home solicitation sale as defined in section 1345.21 of the	93198
Revised Code, that makes the sales presentation and completes the	93199
sale at a later, face-to-face meeting between the seller and the	93200
purchaser rather than during the telephone solicitation. However,	93201
if the person, following the telephone solicitation, causes	93202
another person to collect the payment of any money, this exemption	93203
does not apply.	93204

(4) A licensed securities, commodities, or investment broker,	93205
dealer, investment advisor, or associated person when making a	93206
telephone solicitation within the scope of the person's license.	93207
As used in division (B)(4) of this section, "licensed securities,	93208
commodities, or investment broker, dealer, investment advisor, or	93209
associated person" means a person subject to licensure or	93210
registration as such by the securities and exchange commission;	93211
the National Association of Securities Dealers or other	93212
self-regulatory organization, as defined by 15 U.S.C.A. 78c; by	93213
the division of securities under Chapter 1707. of the Revised	93214
Code; or by an official or agency of any other state of the United	93215
States.	93216

(5)(a) A person primarily engaged in soliciting the sale of a	93217
newspaper of general circulation;	93218

(b) As used in division (B)(5)(a) of this section, "newspaper	93219
of general circulation" includes, but is not limited to, both of	93220
the following:	93221

(i) A newspaper that is a daily law journal designated as an	93222
official publisher of court calendars pursuant to section 2701.09	93223
of the Revised Code;	93224

(ii) A newspaper or publication that has at least twenty-five	93225
per cent editorial, non-advertising content, exclusive of inserts,	93226
measured relative to total publication space, and an audited	93227
circulation to at least fifty per cent of the households in the	93228
newspaper's retail trade zone as defined by the audit.	93229

(6)(a) An issuer, or its subsidiary, that has a class of	93230
securities to which all of the following apply:	93231

(i) The class of securities is subject to section 12 of the	93232
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is	93233
registered or is exempt from registration under 15 U.S.C.A.	93234
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);	93235

(ii) The class of securities is listed on the New York stock	93236
exchange, the American stock exchange, or the NASDAQ national	93237
market system;	93238

(iii) The class of securities is a reported security as	93239
defined in 17 C.F.R. 240.11Aa3-1(a)(4).	93240

(b) An issuer, or its subsidiary, that formerly had a class	93241
of securities that met the criteria set forth in division	93242
(B)(6)(a) of this section if the issuer, or its subsidiary, has a	93243
net worth in excess of one hundred million dollars, files or its	93244
parent files with the securities and exchange commission an S.E.C.	93245
form 10-K, and has continued in substantially the same business	93246
since it had a class of securities that met the criteria in	93247
division (B)(6)(a) of this section. As used in division (B)(6)(b)	93248
of this section, "issuer" and "subsidiary" include the successor	93249
to an issuer or subsidiary.	93250

(7) A person soliciting a transaction regulated by the	93251
commodity futures trading commission, if the person is registered	93252
or temporarily registered for that activity with the commission	93253
under 7 U.S.C.A. 1 et. seq. and the registration or temporary	93254
registration has not expired or been suspended or revoked;	93255

(8) A person soliciting the sale of any book, record, audio	93256
tape, compact disc, or video, if the person allows the purchaser	93257
to review the merchandise for at least seven days and provides a	93258
full refund within thirty days to a purchaser who returns the	93259
merchandise or if the person solicits the sale on behalf of a	93260
membership club operating in compliance with regulations adopted	93261
by the federal trade commission in 16 C.F.R. 425;	93262

(9) A supervised financial institution or its subsidiary. As	93263
used in division (B)(9) of this section, "supervised financial	93264
institution" means a bank, trust company, savings and loan	93265
association, savings bank, credit union, industrial loan company,	93266
consumer finance lender, commercial finance lender, or institution	93267
described in section 2(c)(2)(F) of the "Bank Holding Company Act	93268
of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, supervised by an	93269
official or agency of the United States, this state, or any other	93270
state of the United States; or a licensee or registrant under	93271
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to	93272
1321.83 of the Revised Code.	93273

(10)(a) An insurance company, association, or other	93274
organization that is licensed or authorized to conduct business in	93275
this state by the superintendent of insurance pursuant to Title	93276
XXXIX of the Revised Code or Chapter 1751. of the Revised Code,	93277
when soliciting within the scope of its license or authorization.	93278

(b) A licensed insurance broker, agent, or solicitor when	93279
soliciting within the scope of the person's license. As used in	93280
division (B)(10)(b) of this section, "licensed insurance broker,	93281
agent, or solicitor" means any person licensed as an insurance	93282
broker, agent, or solicitor by the superintendent of insurance	93283
pursuant to Title XXXIX of the Revised Code.	93284

(11) A person soliciting the sale of services provided by a	93285
cable television system operating under authority of a	93286
governmental franchise or permit;	93287

(12) A person soliciting a business-to-business sale under	93288
which any of the following conditions are met:	93289

(a) The telephone solicitor has been operating continuously	93290
for at least three years under the same business name under which	93291
it solicits purchasers, and at least fifty-one per cent of its	93292
gross dollar volume of sales consists of repeat sales to existing	93293
customers to whom it has made sales under the same business name.	93294

(b) The purchaser business intends to resell the goods	93295
purchased.	93296

(c) The purchaser business intends to use the goods or	93297
services purchased in a recycling, reuse, manufacturing, or	93298
remanufacturing process.	93299

(d) The telephone solicitor is a publisher of a periodical or	93300
of magazines distributed as controlled circulation publications as	93301
defined in division (CC) of section 5739.01 of the Revised Code	93302
and is soliciting sales of advertising, subscriptions, reprints,	93303
lists, information databases, conference participation or	93304
sponsorships, trade shows or media products related to the	93305
periodical or magazine, or other publishing services provided by	93306
the controlled circulation publication.	93307

(13) A person that, not less often than once each year,	93308
publishes and delivers to potential purchasers a catalog that	93309
complies with both of the following:	93310

(a) It includes all of the following:

93311

(i) The business address of the seller;

93312

(ii) A written description or illustration of each good or	93313
service offered for sale;	93314

(iii) A clear and conspicuous disclosure of the sale price of	93315
each good or service; shipping, handling, and other charges; and	93316
return policy.	93317

(b) One of the following applies:

93318

(i) The catalog includes at least twenty-four pages of	93319
written material and illustrations, is distributed in more than	93320
one state, and has an annual postage-paid mail circulation of not	93321
less than two hundred fifty thousand households;	93322

(ii) The catalog includes at least ten pages of written	93323
material or an equivalent amount of material in electronic form on	93324
the internet or an on-line computer service, the person does not	93325
solicit customers by telephone but solely receives telephone calls	93326
made in response to the catalog, and during the calls the person	93327
takes orders but does not engage in further solicitation of the	93328
purchaser. As used in division (B)(13)(b)(ii) of this section,	93329
"further solicitation" does not include providing the purchaser	93330
with information about, or attempting to sell, any other item in	93331
the catalog that prompted the purchaser's call or in a	93332
substantially similar catalog issued by the seller.	93333

(14) A political subdivision or instrumentality of the United	93334
States, this state, or any state of the United States;	93335

(15) A college or university or any other public or private	93336
institution of higher education in this state;	93337

(16) A public utility as defined in section 4905.02 of the	93338
Revised Code or a retail natural gas supplier as defined in	93339
section 4929.01 of the Revised Code, if the utility or supplier is	93340
subject to regulation by the public utilities commission, or the	93341
affiliate of the utility or supplier;	93342

(17) A person that solicits sales through a television	93343
program or advertisement that is presented in the same market area	93344
no fewer than twenty days per month or offers for sale no fewer	93345
than ten distinct items of goods or services; and offers to the	93346
purchaser an unconditional right to return any good or service	93347
purchased within a period of at least seven days and to receive a	93348
full refund within thirty days after the purchaser returns the	93349
good or cancels the service;	93350

(18)(a) A person that, for at least one year, has been	93351
operating a retail business under the same name as that used in	93352
connection with telephone solicitation and both of the following	93353
occur on a continuing basis:	93354

(i) The person either displays goods and offers them for	93355
retail sale at the person's business premises or offers services	93356
for sale and provides them at the person's business premises.	93357

(ii) At least fifty-one per cent of the person's gross dollar	93358
volume of retail sales involves purchases of goods or services at	93359
the person's business premises.	93360

(b) An affiliate of a person that meets the requirements in	93361
division (B)(18)(a) of this section if the affiliate meets all of	93362
the following requirements:	93363

(i) The affiliate has operated a retail business for a period	93364
of less than one year;	93365

(ii) The affiliate either displays goods and offers them for	93366
retail sale at the affiliate's business premises or offers	93367
services for sale and provides them at the affiliate's business	93368
premises;	93369

(iii) At least fifty-one per cent of the affiliate's gross	93370
dollar volume of retail sales involves purchases of goods or	93371
services at the affiliate's business premises.	93372

(c) A person that, for a period of less than one year, has	93373
been operating a retail business in this state under the same name	93374
as that used in connection with telephone solicitation, as long as	93375
all of the following requirements are met:	93376

(i) The person either displays goods and offers them for	93377
retail sale at the person's business premises or offers services	93378
for sale and provides them at the person's business premises;	93379

(ii) The goods or services that are the subject of telephone	93380
solicitation are sold at the person's business premises, and at	93381
least sixty-five per cent of the person's gross dollar volume of	93382
retail sales involves purchases of goods or services at the	93383
person's business premises;	93384

(iii) The person conducts all telephone solicitation	93385
activities according to sections 310.3, 310.4, and 310.5 of the	93386
telemarketing sales rule adopted by the federal trade commission	93387
in 16 C.F.R. part 310.	93388

(19) A person who performs telephone solicitation sales	93389
services on behalf of other persons and to whom one of the	93390
following applies:	93391

(a) The person has operated under the same ownership,	93392
control, and business name for at least five years, and the person	93393
receives at least seventy-five per cent of its gross revenues from	93394
written telephone solicitation contracts with persons who come	93395
within one of the exemptions in division (B) of this section.	93396

(b) The person is an affiliate of one or more exempt persons	93397
and makes telephone solicitations on behalf of only the exempt	93398
persons of which it is an affiliate.	93399

(c) The person makes telephone solicitations on behalf of	93400
only exempt persons, the person and each exempt person on whose	93401
behalf telephone solicitations are made have entered into a	93402
written contract that specifies the manner in which the telephone	93403
solicitations are to be conducted and that at a minimum requires	93404
compliance with the telemarketing sales rule adopted by the	93405
federal trade commission in 16 C.F.R. part 310, and the person	93406
conducts the telephone solicitations in the manner specified in	93407
the written contract.	93408

(d) The person performs telephone solicitation for religious	93409
or political purposes, a charitable organization, a fund-raising	93410
council, or a professional solicitor in compliance with the	93411
registration and reporting requirements of Chapter 1716. of the	93412
Revised Code; and meets all of the following requirements:	93413

(i) The person has operated under the same ownership,	93414
control, and business name for at least five years, and the person	93415
receives at least fifty-one per cent of its gross revenues from	93416
written telephone solicitation contracts with persons who come	93417
within the exemption in division (B)(2) of this section;	93418

(ii) The person does not conduct a prize promotion or offer	93419
the sale of an investment opportunity;	93420

(iii) The person conducts all telephone solicitation	93421
activities according to sections 310.3, 310.4, and 310.5 of the	93422
telemarketing sales rules adopted by the federal trade commission	93423
in 16 C.F.R. part 310.	93424

(20) A person that is a licensed real estate salesperson or	93425
broker under Chapter 4735. of the Revised Code when soliciting	93426
within the scope of the person's license;	93427

(21)(a) Either of the following:

93428

(i) A publisher that solicits the sale of the publisher's	93429
periodical or magazine of general, paid circulation, or a person	93430
that solicits a sale of that nature on behalf of a publisher under	93431
a written agreement directly between the publisher and the person.	93432

(ii) A publisher that solicits the sale of the publisher's	93433
periodical or magazine of general, paid circulation, or a person	93434
that solicits a sale of that nature as authorized by a publisher	93435
under a written agreement directly with a publisher's	93436
clearinghouse provided the person is a resident of Ohio for more	93437
than three years and initiates all telephone solicitations from	93438
Ohio and the person conducts the solicitation and sale in	93439
compliance with 16 C.F.R. part 310, as adopted by the federal	93440
trade commission.	93441

(b) As used in division (B)(21) of this section, "periodical	93442
or magazine of general, paid circulation" excludes a periodical or	93443
magazine circulated only as part of a membership package or given	93444
as a free gift or prize from the publisher or person.	93445

(22) A person that solicits the sale of food, as defined in	93446
section 3715.01 of the Revised Code, or the sale of products of	93447
horticulture, as defined in section 5739.01 of the Revised Code,	93448
if the person does not intend the solicitation to result in, or	93449
the solicitation actually does not result in, a sale that costs	93450
the purchaser an amount greater than five hundred dollars.	93451

(23) A funeral director licensed pursuant to Chapter 4717. of	93452
the Revised Code when soliciting within the scope of that license,	93453
if both of the following apply:	93454

(a) The solicitation and sale are conducted in compliance	93455
with 16 C.F.R. part 453, as adopted by the federal trade	93456
commission, and with sections 1107.33 and 1345.21 to 1345.28 of	93457
the Revised Code;	93458

(b) The person provides to the purchaser of any preneed	93459
funeral contract a notice that clearly and conspicuously sets	93460
forth the cancellation rights specified in division (G) of section	93461
1107.33 of the Revised Code, and retains a copy of the notice	93462
signed by the purchaser.	93463

(24) A person, or affiliate thereof, licensed to sell or	93464
issue Ohio instruments designated as travelers checks pursuant to	93465
sections 1315.01 to 1315.18 of the Revised Code.	93466

(25) A person that solicits sales from its previous	93467
purchasers and meets all of the following requirements:	93468

(a) The solicitation is made under the same business name	93469
that was previously used to sell goods or services to the	93470
purchaser;	93471

(b) The person has, for a period of not less than three	93472
years, operated a business under the same business name as that	93473
used in connection with telephone solicitation;	93474

(c) The person does not conduct a prize promotion or offer	93475
the sale of an investment opportunity;	93476

(d) The person conducts all telephone solicitation activities	93477
according to sections 310.3, 310.4, and 310.5 of the telemarketing	93478
sales rules adopted by the federal trade commission in 16 C.F.R.	93479
part 310;	93480

(e) Neither the person nor any of its principals has been	93481
convicted of, pleaded guilty to, or has entered a plea of no	93482
contest for a felony or a theft offense as defined in sections	93483
2901.02 and 2913.01 of the Revised Code or similar law of another	93484
state or of the United States;	93485

(f) Neither the person nor any of its principals has had	93486
entered against them an injunction or a final judgment or order,	93487
including an agreed judgment or order, an assurance of voluntary	93488
compliance, or any similar instrument, in any civil or	93489
administrative action involving engaging in a pattern of corrupt	93490
practices, fraud, theft, embezzlement, fraudulent conversion, or	93491
misappropriation of property; the use of any untrue, deceptive, or	93492
misleading representation; or the use of any unfair, unlawful,	93493
deceptive, or unconscionable trade act or practice.	93494

(26) An institution defined as a home health agency in	93495
section 3701.881 of the Revised Code, that conducts all telephone	93496
solicitation activities according to sections 310.3, 310.4, and	93497
310.5 of the telemarketing sales rules adopted by the federal	93498
trade commission in 16 C.F.R. part 310, and engages in telephone	93499
solicitation only within the scope of the institution's	93500
certification, accreditation, contract with the department of	93501
aging, or status as a home health agency; and that meets one of	93502
the following requirements:	93503

(a) The institution is certified as a provider of home health	93504
services under Title XVIII of the Social Security Act, 49 Stat.	93505
620, 42 U.S.C. 301, as amended;	93506

(b) The institution is accredited by either the joint	93507
commission on accreditation of health care organizations or the	93508
community health accreditation program;	93509

(c) The institution is providing ~~passport~~PASSPORT services	93510
under the direction of the ~~Ohio~~ department of aging under ~~section~~	93511
~~173.40~~sections 173.52 to 173.523 of the Revised Code;	93512

(d) An affiliate of an institution that meets the	93513
requirements of division (B)(26)(a), (b), or (c) of this section	93514
when offering for sale substantially the same goods and services	93515
as those that are offered by the institution that meets the	93516
requirements of division (B)(26)(a), (b), or (c) of this section.	93517

(27) A person licensed by the department of health pursuant	93518
to section 3712.04 or 3712.041 of the Revised Code to provide a	93519
hospice care program or pediatric respite care program when	93520
conducting telephone solicitations within the scope of the	93521
person's license and according to sections 310.3, 310.4, and 310.5	93522
of the telemarketing sales rules adopted by the federal trade	93523
commission in 16 C.F.R. part 310.	93524

Sec. 4723.18. (A) The board of nursing shall authorize a	93525
licensed practical nurse to administer to an adult intravenous	93526
therapy if the nurse supplies evidence satisfactory to the board	93527
that all of the following are the case:	93528

(1) The nurse holds a current, valid license issued under	93529
this chapter to practice nursing as a licensed practical nurse.	93530

(2) The nurse has been authorized under section 4723.18 of	93531
the Revised Code to administer medications.	93532

(3) The nurse successfully completed a course of study in the	93533
safe performance of intravenous therapy approved by the board	93534
pursuant to section 4723.19 of the Revised Code or by an agency in	93535
another jurisdiction that regulates the practice of nursing and	93536
has requirements for intravenous therapy course approval that are	93537
substantially similar to the requirements in division (B) of	93538
section 4723.19 of the Revised Code, as determined by the board.	93539

(4) The nurse has successfully completed a minimum of forty	93540
hours of training that includes all of the following:	93541

(a) The curriculum established by rules adopted by the board;

93542

(b) Training in the anatomy and physiology of the	93543
cardiovascular system, signs and symptoms of local and systemic	93544
complications in the administration of fluids and antibiotic	93545
additives, and guidelines for management of these complications;	93546

(c) Any other training or instruction the board considers	93547
appropriate;	93548

(d) A testing component that requires the nurse to perform a	93549
successful demonstration of the intravenous procedures, including	93550
all skills needed to perform them safely.	93551

(B) Except as provided in section 4723.181 of the Revised	93552
Code and subject to the restrictions in division (D) of this	93553
section, a licensed practical nurse may perform intravenous	93554
therapy on an adult patient only if authorized by the board	93555
pursuant to division (A) of this section and only at the direction	93556
of one of the following:	93557

(1) A licensed physician, dentist, optometrist, or podiatrist	93558
who, except as provided in division (C)(2) of this section, is	93559
present and readily available at the facility where the	93560
intravenous therapy procedure is performed;	93561

(2) A registered nurse in accordance with division (C) of	93562
this section.	93563

(C)(1) Except as provided in division (C)(2) of this section	93564
and section 4723.181 of the Revised Code, when a licensed	93565
practical nurse authorized by the board to perform intravenous	93566
therapy performs an intravenous therapy procedure at the direction	93567
of a registered nurse, the registered nurse or another registered	93568
nurse shall be readily available at the site where the intravenous	93569
therapy is performed, and before the licensed practical nurse	93570
initiates the intravenous therapy, the registered nurse shall	93571
personally perform an on-site assessment of the adult patient who	93572
is to receive the intravenous therapy.	93573

(2) When a licensed practical nurse authorized by the board	93574
to perform intravenous therapy performs an intravenous therapy	93575
procedure in a home as defined in section 3721.10 of the Revised	93576
Code, or in an intermediate care facility for ~~the mentally~~	93577
~~retarded~~individuals with intellectual disabilities as defined in	93578
section ~~5111.20~~5124.01 of the Revised Code, at the direction of a	93579
registered nurse or licensed physician, dentist, optometrist, or	93580
podiatrist, a registered nurse shall be on the premises of the	93581
home or facility or accessible by some form of telecommunication.	93582

(D) No licensed practical nurse shall perform any of the	93583
following intravenous therapy procedures:	93584

(1) Initiating or maintaining any of the following:

93585

(a) Blood or blood components;

93586

(b) Solutions for total parenteral nutrition;

93587

(c) Any cancer therapeutic medication including, but not	93588
limited to, cancer chemotherapy or an anti-neoplastic agent;	93589

(d) Solutions administered through any central venous line or	93590
arterial line or any other line that does not terminate in a	93591
peripheral vein, except that a licensed practical nurse authorized	93592
by the board to perform intravenous therapy may maintain the	93593
solutions specified in division (D)(6)(a) of this section that are	93594
being administered through a central venous line or peripherally	93595
inserted central catheter;	93596

(e) Any investigational or experimental medication.

93597

(2) Initiating intravenous therapy in any vein, except that a	93598
licensed practical nurse authorized by the board to perform	93599
intravenous therapy may initiate intravenous therapy in accordance	93600
with this section in a vein of the hand, forearm, or antecubital	93601
fossa;	93602

(3) Discontinuing a central venous, arterial, or any other	93603
line that does not terminate in a peripheral vein;	93604

(4) Initiating or discontinuing a peripherally inserted	93605
central catheter;	93606

(5) Mixing, preparing, or reconstituting any medication for	93607
intravenous therapy, except that a licensed practical nurse	93608
authorized by the board to perform intravenous therapy may prepare	93609
or reconstitute an antibiotic additive;	93610

(6) Administering medication via the intravenous route,	93611
including all of the following activities:	93612

(a) Adding medication to an intravenous solution or to an	93613
existing infusion, except that a licensed practical nurse	93614
authorized by the board to perform intravenous therapy may do any	93615
of the following:	93616

(i) Initiate an intravenous infusion containing one or more	93617
of the following elements: dextrose 5%, normal saline, lactated	93618
ringers, sodium chloride .45%, sodium chloride 0.2%, sterile	93619
water;	93620

(ii) Hang subsequent containers of the intravenous solutions	93621
specified in division (D)(6)(a)(i) of this section that contain	93622
vitamins or electrolytes, if a registered nurse initiated the	93623
infusion of that same intravenous solution;	93624

(iii) Initiate or maintain an intravenous infusion containing	93625
an antibiotic additive.	93626

(b) Injecting medication via a direct intravenous route,	93627
except that a licensed practical nurse authorized by the board to	93628
perform intravenous therapy may inject heparin or normal saline to	93629
flush an intermittent infusion device or heparin lock including,	93630
but not limited to, bolus or push.	93631

(7) Changing tubing on any line including, but not limited	93632
to, an arterial line or a central venous line, except that a	93633
licensed practical nurse authorized by the board to perform	93634
intravenous therapy may change tubing on an intravenous line that	93635
terminates in a peripheral vein;	93636

(8) Programming or setting any function of a patient	93637
controlled infusion pump.	93638

(E) Notwithstanding divisions (A) and (D) of this section, at	93639
the direction of a physician or a registered nurse, a licensed	93640
practical nurse authorized by the board to perform intravenous	93641
therapy may perform the following activities for the purpose of	93642
performing dialysis:	93643

(1) The routine administration and regulation of saline	93644
solution for the purpose of maintaining an established fluid plan;	93645

(2) The administration of a heparin dose intravenously;

93646

(3) The administration of a heparin dose peripherally via a	93647
fistula needle;	93648

(4) The loading and activation of a constant infusion pump;

93649

(5) The intermittent injection of a dose of medication that	93650
is administered via the hemodialysis blood circuit and through the	93651
patient's venous access.	93652

(F) No person shall employ or direct a licensed practical	93653
nurse to perform an intravenous therapy procedure without first	93654
verifying that the licensed practical nurse is authorized by the	93655
board to perform intravenous therapy.	93656

Sec. 4723.35. (A) As used in this section, "chemical	93657
dependency" means either of the following:	93658

(1) The chronic and habitual use of alcoholic beverages to	93659
the extent that the user no longer can control the use of alcohol	93660
or endangers the user's health, safety, or welfare or that of	93661
others;	93662

(2) The use of a controlled substance as defined in section	93663
3719.01 of the Revised Code, a harmful intoxicant as defined in	93664
section 2925.01 of the Revised Code, or a dangerous drug as	93665
defined in section 4729.01 of the Revised Code, to the extent that	93666
the user becomes physically or psychologically dependent on the	93667
substance, intoxicant, or drug or endangers the user's health,	93668
safety, or welfare or that of others.	93669

(B) The board of nursing may abstain from taking disciplinary	93670
action under section 4723.28 or 4723.86 of the Revised Code	93671
against an individual with a chemical dependency if it finds that	93672
the individual can be treated effectively and there is no	93673
impairment of the individual's ability to practice according to	93674
acceptable and prevailing standards of safe care. The board shall	93675
establish a chemical dependency monitoring program to monitor the	93676
registered nurses, licensed practical nurses, dialysis	93677
technicians, and certified community health workers against whom	93678
the board has abstained from taking action. The board shall	93679
develop the program, select the program's name, and designate a	93680
coordinator to administer the program.	93681

(C) Determinations regarding an individual's eligibility for	93682
admission to, continued participation in, and successful	93683
completion of the monitoring program shall be made by the board's	93684
supervising member for disciplinary matters in accordance with	93685
rules adopted under division (D) of this section.	93686

(D) The board shall adopt rules in accordance with Chapter	93687
119. of the Revised Code that establish the following:	93688

(1) Eligibility requirements for admission to and continued	93689
participation in the monitoring program;	93690

(2) Terms and conditions that must be met to participate in	93691
and successfully complete the program;	93692

(3) Procedures for keeping confidential records regarding	93693
participants;	93694

(4) Any other requirements or procedures necessary to	93695
establish and administer the program.	93696

(E)(1) As a condition of being admitted to the monitoring	93697
program, an individual shall surrender to the program coordinator	93698
the license or certificate that the individual holds. While the	93699
surrender is in effect, the individual is prohibited from engaging	93700
in the practice of nursing, engaging in the provision of dialysis	93701
care, or engaging in the provision of services that were being	93702
provided as a certified community health worker.	93703

If the board's supervising member for disciplinary matters	93704
determines that a participant is capable of resuming practice	93705
according to acceptable and prevailing standards of safe care, the	93706
program coordinator shall return the participant's license or	93707
certificate. If the participant violates the terms and conditions	93708
of resumed practice, the coordinator shall require the participant	93709
to surrender the license or certificate as a condition of	93710
continued participation in the program. The coordinator may	93711
require the surrender only on the approval of the board's	93712
supervising member for disciplinary matters.	93713

The surrender of a license or certificate on admission to the	93714
monitoring program or while participating in the program does not	93715
constitute an action by the board under section 4723.28 or 4723.86	93716
of the Revised Code. The participant may rescind the surrender at	93717
any time and the board may proceed by taking action under section	93718
4723.28 or 4723.86 of the Revised Code.	93719

(2) If the program coordinator determines that a participant	93720
is significantly out of compliance with the terms and conditions	93721
for participation, the coordinator shall notify the board's	93722
supervising member for disciplinary matters and the supervising	93723
member shall determine whether to temporarily suspend the	93724
participant's license or certificate. The board shall notify the	93725
participant of the suspension by certified mail sent to the	93726
participant's last known address and shall refer the matter to the	93727
board for formal action under section 4723.28 or 4723.86 of the	93728
Revised Code.	93729

(F) All of the following apply with respect to the receipt,	93730
release, and maintenance of records and information by the	93731
monitoring program:	93732

(1) The program coordinator shall maintain all program	93733
records in the board's office, and for each participant, shall	93734
retain the records for a period of two years following the	93735
participant's date of successful completion of the program.	93736

(2) When applying to participate in the monitoring program,	93737
the applicant shall sign a waiver permitting the board to receive	93738
and release information necessary to determine whether the	93739
individual is eligible for admission. After being admitted, the	93740
participant shall sign a waiver permitting the board to receive	93741
and release information necessary to determine whether the	93742
individual is eligible for continued participation in the program.	93743
Information that may be necessary for the board's supervising	93744
member for disciplinary matters to determine eligibility for	93745
admission or continued participation in the monitoring program	93746
includes, but is not limited to, information provided to and by	93747
employers, probation officers, law enforcement agencies, peer	93748
assistance programs, health professionals, and treatment	93749
providers. No entity with knowledge that the information has been	93750
provided to the monitoring program shall divulge that knowledge to	93751
any other person.	93752

(3) Except as provided in division (F)(4) of this section,	93753
all records pertaining to an individual's application for or	93754
participation in the monitoring program, including medical	93755
records, treatment records, and mental health records, shall be	93756
confidential. The records are not public records for the purposes	93757
of section 149.43 of the Revised Code and are not subject to	93758
discovery by subpoena or admissible as evidence in any judicial	93759
proceeding.	93760

(4) The board may disclose information regarding a	93761
participant's progress in the program to any person or government	93762
entity that the participant authorizes in writing to be given the	93763
information. In disclosing information under this division, the	93764
board shall not include any information that is protected under	93765
section ~~3793.13~~5119.27 of the Revised Code or any federal statute	93766
or regulation that provides for the confidentiality of medical,	93767
mental health, or substance abuse records.	93768

(G) In the absence of fraud or bad faith, the board as a	93769
whole, its individual members, and its employees and	93770
representatives are not liable for damages in any civil action as	93771
a result of disclosing information in accordance with division	93772
(F)(4) of this section. In the absence of fraud or bad faith, any	93773
person reporting to the program with regard to an individual's	93774
chemical dependence, or the progress or lack of progress of that	93775
individual with regard to treatment, is not liable for damages in	93776
any civil action as a result of the report.	93777

Sec. 4723.481. This section establishes standards and	93778
conditions regarding the authority of a clinical nurse specialist,	93779
certified nurse-midwife, or certified nurse practitioner to	93780
prescribe drugs and therapeutic devices under a certificate to	93781
prescribe issued under section ~~4723.481~~4723.48 of the Revised	93782
Code.	93783

(A) A clinical nurse specialist, certified nurse-midwife, or	93784
certified nurse practitioner shall not prescribe any drug or	93785
therapeutic device that is not included in the types of drugs and	93786
devices listed on the formulary established in rules adopted under	93787
section 4723.50 of the Revised Code.	93788

(B) The prescriptive authority of a clinical nurse	93789
specialist, certified nurse-midwife, or certified nurse	93790
practitioner shall not exceed the prescriptive authority of the	93791
collaborating physician or podiatrist, including the collaborating	93792
physician's authority to treat chronic pain with controlled	93793
substances and products containing tramadol as described in	93794
section 4731.052 of the Revised Code.	93795

(C)(1) Except as provided in division (C)(2) or (3) of this	93796
section, a clinical nurse specialist, certified nurse-midwife, or	93797
certified nurse practitioner may prescribe to a patient a schedule	93798
II controlled substance only if all of the following are the case:	93799

(a) The patient has a terminal condition, as defined in	93800
section 2133.01 of the Revised Code.	93801

(b) The collaborating physician of the clinical nurse	93802
specialist, certified nurse-midwife, or certified nurse	93803
practitioner initially prescribed the substance for the patient.	93804

(c) The prescription is for an amount that does not exceed	93805
the amount necessary for the patient's use in a single,	93806
twenty-four-hour period.	93807

(2) The restrictions on prescriptive authority in division	93808
(C)(1) of this section do not apply if a clinical nurse	93809
specialist, certified nurse-midwife, or certified nurse	93810
practitioner issues the prescription to the patient from any of	93811
the following locations:	93812

(a) A hospital registered under section 3701.07 of the	93813
Revised Code;	93814

(b) An entity owned or controlled, in whole or in part, by a	93815
hospital or by an entity that owns or controls, in whole or in	93816
part, one or more hospitals;	93817

(c) A health care facility operated by the department of	93818
~~mental health~~mental health and addiction services or the	93819
department of developmental disabilities;	93820

(d) A nursing home licensed under section 3721.02 of the	93821
Revised Code or by a political subdivision certified under section	93822
3721.09 of the Revised Code;	93823

(e) A county home or district home operated under Chapter	93824
5155. of the Revised Code that is certified under the medicare or	93825
medicaid program;	93826

(f) A hospice care program, as defined in section 3712.01 of	93827
the Revised Code;	93828

(g) A community mental health ~~agency~~services provider, as	93829
defined in section 5122.01 of the Revised Code;	93830

(h) An ambulatory surgical facility, as defined in section	93831
3702.30 of the Revised Code;	93832

(i) A freestanding birthing center, as defined in section	93833
~~3702.51~~3702.141 of the Revised Code;	93834

(j) A federally qualified health center, as defined in	93835
section 3701.047 of the Revised Code;	93836

(k) A federally qualified health center look-alike, as	93837
defined in section 3701.047 of the Revised Code;	93838

(l) A health care office or facility operated by the board of	93839
health of a city or general health district or the authority	93840
having the duties of a board of health under section 3709.05 of	93841
the Revised Code;	93842

(m) A site where a medical practice is operated, but only if	93843
the practice is comprised of one or more physicians who also are	93844
owners of the practice; the practice is organized to provide	93845
direct patient care; and the clinical nurse specialist, certified	93846
nurse-midwife, or certified nurse practitioner providing services	93847
at the site has a standard care arrangement and collaborates with	93848
at least one of the physician owners who practices primarily at	93849
that site.	93850

(3) A clinical nurse specialist, certified nurse-midwife, or	93851
certified nurse practitioner shall not issue to a patient a	93852
prescription for a schedule II controlled substance from a	93853
convenience care clinic even if the clinic is owned or operated by	93854
an entity specified in division (C)(2) of this section.	93855

(D) A pharmacist who acts in good faith reliance on a	93856
prescription issued by a clinical nurse specialist, certified	93857
nurse-midwife, or certified nurse practitioner under division	93858
(C)(2) of this section is not liable for or subject to any of the	93859
following for relying on the prescription: damages in any civil	93860
action, prosecution in any criminal proceeding, or professional	93861
disciplinary action by the state board of pharmacy under Chapter	93862
4729. of the Revised Code.	93863

(E) A clinical nurse specialist, certified nurse-midwife, or	93864
certified nurse practitioner may personally furnish to a patient a	93865
sample of any drug or therapeutic device included in the types of	93866
drugs and devices listed on the formulary, except that all of the	93867
following conditions apply:	93868

(1) The amount of the sample furnished shall not exceed a	93869
seventy-two-hour supply, except when the minimum available	93870
quantity of the sample is packaged in an amount that is greater	93871
than a seventy-two-hour supply, in which case the packaged amount	93872
may be furnished.	93873

(2) No charge may be imposed for the sample or for furnishing	93874
it.	93875

(3) Samples of controlled substances may not be personally	93876
furnished.	93877

(F) A clinical nurse specialist, certified nurse-midwife, or	93878
certified nurse practitioner may personally furnish to a patient a	93879
complete or partial supply of a drug or therapeutic device	93880
included in the types of drugs and devices listed on the	93881
formulary, except that all of the following conditions apply:	93882

(1) The clinical nurse specialist, certified nurse-midwife,	93883
or certified nurse practitioner shall personally furnish only	93884
antibiotics, antifungals, scabicides, contraceptives, prenatal	93885
vitamins, antihypertensives, drugs and devices used in the	93886
treatment of diabetes, drugs and devices used in the treatment of	93887
asthma, and drugs used in the treatment of dyslipidemia.	93888

(2) The clinical nurse specialist, certified nurse-midwife,	93889
or certified nurse practitioner shall not furnish the drugs and	93890
devices in locations other than a health department operated by	93891
the board of health of a city or general health district or the	93892
authority having the duties of a board of health under section	93893
3709.05 of the Revised Code, a federally funded comprehensive	93894
primary care clinic, or a nonprofit health care clinic or program.	93895

(3) The clinical nurse specialist, certified nurse-midwife,	93896
or certified nurse practitioner shall comply with all safety	93897
standards for personally furnishing supplies of drugs and devices,	93898
as established in rules adopted under section 4723.50 of the	93899
Revised Code.	93900

Sec. 4725.03. The governor, with the advice and consent of	93901
the senate, shall appoint a state board of optometry consisting of	93902
six nonmedical residents of this state, five of whom shall be	93903
persons actually engaged in the practice of optometry for five	93904
years preceding appointment and one of whom shall be a member of	93905
the public at least ~~sixty~~fifty years of age. Terms of office	93906
shall be five years, commencing on the twenty-sixth day of	93907
September and ending on the twenty-fifth day of September. Each	93908
member shall hold office from the date of appointment until the	93909
end of the term for which appointed. Any member appointed to fill	93910
a vacancy occurring prior to the expiration of the term for which	93911
the member's predecessor was appointed shall hold office for the	93912
remainder of the term. A member shall continue in office	93913
subsequent to the expiration date of the member's term until the	93914
member's successor takes office, or until a period of sixty days	93915
has elapsed, whichever occurs first. No person shall serve as a	93916
member for more than two terms.	93917

Sec. 4725.16. (A) Each certificate of licensure, topical	93918
ocular pharmaceutical agents certificate, and therapeutic	93919
pharmaceutical agents certificate issued by the state board of	93920
optometry shall expire annually on the last day of December, and	93921
may be renewed in accordance with this section and the standard	93922
renewal procedure established under Chapter 4745. of the Revised	93923
Code.	93924

An optometrist seeking to continue to practice optometry	93925
shall file with the board an application for license renewal. The	93926
application shall be in such form and require such pertinent	93927
professional biographical data as the board may require.	93928

(B) All licensed optometrists shall annually complete	93929
continuing education in subjects relating to the practice of	93930
optometry, to the end that the utilization and application of new	93931
techniques, scientific and clinical advances, and the achievements	93932
of research will assure comprehensive care to the public. The	93933
board shall prescribe by rule the continuing optometric education	93934
that licensed optometrists must complete. The length of study	93935
shall be twenty-five clock hours each year, including ten clock	93936
hours of instruction in pharmacology to be completed by all	93937
licensed optometrists.	93938

Unless the continuing education required under this division	93939
is waived or deferred under division (D) of this section, the	93940
continuing education must be completed during the twelve-month	93941
period beginning on the first day of October and ending on the	93942
last day of September. If the board receives notice from a	93943
continuing education program indicating that an optometrist	93944
completed the program after the last day of September, and the	93945
optometrist wants to use the continuing education completed after	93946
that day to renew the license that expires on the last day of	93947
December of that year, the optometrist shall pay the penalty	93948
specified under section 4725.34 of the Revised Code for late	93949
completion of continuing education.	93950

At least once annually, the board shall post on its web site	93951
and shall mail, or send by electronic mail, to each licensed	93952
optometrist a list of courses approved in accordance with	93953
standards prescribed by board rule. Upon the request of a licensed	93954
optometrist, the executive director of the board shall supply a	93955
list of additional courses that the board has approved subsequent	93956
to the most recent web site posting, electronic mail transmission,	93957
or mailing of the list of approved courses.	93958

(C)(1) Annually, not later than the first day of November,	93959
the board shall mail or send by electronic mail a notice regarding	93960
license renewal to each licensed optometrist who may be eligible	93961
for renewal. The notice shall be sent to the optometrist's ~~last~~	93962
most recent electronic mail or mailing address shown in the	93963
board's records. If the board knows that the optometrist has	93964
completed the required continuing optometric education for the	93965
year, the board may include with the notice an application for	93966
license renewal.	93967

(2) Filing a license renewal application with the board shall	93968
serve as notice by the optometrist that the continuing optometric	93969
education requirement has been successfully completed. If the	93970
board finds that an optometrist has not completed the required	93971
continuing optometric education, the board shall disapprove the	93972
optometrist's application. The board's disapproval of renewal is	93973
effective without a hearing, unless a hearing is requested	93974
pursuant to Chapter 119. of the Revised Code.	93975

(3) The board shall refuse to accept an application for	93976
renewal from any applicant whose license is not in good standing	93977
or who is under disciplinary review pursuant to section 4725.19 of	93978
the Revised Code.	93979

(4) Notice of an applicant's failure to qualify for renewal	93980
shall be served upon the applicant by mail. The notice shall be	93981
sent not later than the fifteenth day of November to the	93982
applicant's last address shown in the board's records.	93983

(D) In cases of certified illness or undue hardship, the	93984
board may waive or defer for up to twelve months the requirement	93985
of continuing optometric education, except that in such cases the	93986
board may not waive or defer the continuing education in	93987
pharmacology required to be completed by optometrists who hold	93988
topical ocular pharmaceutical agents certificates or therapeutic	93989
pharmaceutical agents certificates. The board shall waive the	93990
requirement of continuing optometric education for any optometrist	93991
who is serving in the armed forces of the United States or who has	93992
received an initial certificate of licensure during the nine-month	93993
period which ended on the last day of September.	93994

(E) An optometrist whose renewal application has been	93995
approved may renew each certificate held by paying to the	93996
treasurer of state the fees for renewal specified under section	93997
4725.34 of the Revised Code. On payment of all applicable fees,	93998
the board shall issue a renewal of the optometrist's certificate	93999
of licensure, topical ocular pharmaceutical agents certificate,	94000
and therapeutic pharmaceutical agents certificate, as appropriate.	94001

(F) Not later than the fifteenth day of December, the board	94002
shall mail or send by electronic mail a second notice regarding	94003
license renewal to each licensed optometrist who may be eligible	94004
for renewal but did not respond to the notice sent under division	94005
(C)(1) of this section. The notice shall be sent to the	94006
optometrist's ~~last~~most recent electronic mail or mailing address	94007
shown in the board's records. If an optometrist fails to file a	94008
renewal application after the second notice is sent, the board	94009
shall send a third notice regarding license renewal prior to any	94010
action under division (I) of this section to classify the	94011
optometrist's certificates as delinquent.	94012

(G) The failure of an optometrist to apply for license	94013
renewal or the failure to pay the applicable annual renewal fees	94014
on or before the date of expiration, shall automatically work a	94015
forfeiture of the optometrist's authority to practice optometry in	94016
this state.	94017

(H) The board shall accept renewal applications and renewal	94018
fees that are submitted from the first day of January to the last	94019
day of April of the year next succeeding the date of expiration.	94020
An individual who submits such a late renewal application or fee	94021
shall pay the late renewal fee specified in section 4725.34 of the	94022
Revised Code.	94023

(I)(1) If the certificates issued by the board to an	94024
individual have expired and the individual has not filed a	94025
complete application during the late renewal period, the	94026
individual's certificates shall be classified in the board's	94027
records as delinquent.	94028

(2) Any optometrist subject to delinquent classification may	94029
submit a written application to the board for reinstatement. For	94030
reinstatement to occur, the applicant must meet all of the	94031
following conditions:	94032

(a) Submit to the board evidence of compliance with board	94033
rules requiring continuing optometric education in a sufficient	94034
number of hours to make up for any delinquent compliance;	94035

(b) Pay the renewal fees for the year in which application	94036
for reinstatement is made and the reinstatement fee specified	94037
under division (A)(8) of section 4725.34 of the Revised Code;	94038

(c) Pass all or part of the licensing examination accepted by	94039
the board under section 4725.11 of the Revised Code as the board	94040
considers appropriate to determine whether the application for	94041
reinstatement should be approved;	94042

(d) If the applicant has been practicing optometry in another	94043
state or country, submit evidence that the applicant's license to	94044
practice optometry in the other state or country is in good	94045
standing.	94046

(3) The board shall approve an application for reinstatement	94047
if the conditions specified in division (I)(2) of this section are	94048
met. An optometrist who receives reinstatement is subject to the	94049
continuing education requirements specified under division (B) of	94050
this section for the year in which reinstatement occurs.	94051

Sec. 4729.69. (A) The state board of pharmacy, in	94052
collaboration with the director of ~~alcohol and drug addiction~~	94053
~~services~~mental health and addiction services and attorney	94054
general, shall establish and administer a drug take-back program	94055
under which drugs are collected from the community for the purpose	94056
of destruction or disposal of the drugs.	94057

(B) The program shall be established and administered in such	94058
a manner that it does both of the following:	94059

(1) Complies with any state or federal laws regarding the	94060
collection, destruction, or disposal of drugs;	94061

(2) Maintains the confidentiality of individuals who submit	94062
or otherwise provide drugs under the program.	94063

(C) In consultation with the director of ~~alcohol and drug~~	94064
~~addiction services~~mental health and addiction services and	94065
attorney general, the board shall adopt rules governing the	94066
program. The rules shall be adopted in accordance with Chapter	94067
119. of the Revised Code. In adopting the rules, the board shall	94068
specify all of the following:	94069

(1) The entities that may participate;

94070

(2) Guidelines and responsibilities for accepting drugs by	94071
participating entities;	94072

(3) Drugs that may be collected;

94073

(4) Record-keeping requirements;

94074

(5) Proper methods to destroy unused drugs;

94075

(6) Privacy protocols and security standards;

94076

(7) Drug transportation procedures;

94077

(8) The schedule, duration, and frequency of the collections	94078
of drugs, except that the first collection shall occur not later	94079
than one year after ~~the effective date of this section~~May 20,	94080
2011;	94081

(9) Any other standards and procedures the board considers	94082
necessary for purposes of governing the program.	94083

(D) In accordance with state and federal law, the board may	94084
adopt rules to allow an entity participating in the program to	94085
return any unused drugs to the pharmacy that originally dispensed	94086
the drug. The rules shall include procedures to be followed to	94087
maintain the confidentiality of the person for whom the drug was	94088
dispensed.	94089

(E) Rules adopted under this section may not do any of the	94090
following:	94091

(1) Require any entity to establish, fund, or operate a drug	94092
take-back program;	94093

(2) Establish any new licensing requirement or fee to	94094
participate in the program;	94095

(3) Require any entity to compile data on drugs collected.

94096

(F) The board may compile data on the amount and type of	94097
drugs collected under the program. For purposes of this division,	94098
the board may cooperate with a public or private entity in	94099
obtaining assistance in the compilation of data. An entity	94100
providing the assistance shall not be reimbursed under the program	94101
for any costs incurred in providing the assistance.	94102

(G) If the board compiles data under division (F) of this	94103
section, the board shall submit a report to the governor and, in	94104
accordance with section 101.68 of the Revised Code, the general	94105
assembly. The report, to the extent possible, shall include the	94106
following information:	94107

(1) Total weight of drugs collected, both with and without	94108
packaging;	94109

(2) The weight of controlled substances;

94110

(3) The amount of all of the following as a per cent of total	94111
drugs collected:	94112

(a) Controlled substances;

94113

(b) Brand name drugs;

94114

94115

(d) Prescription drugs;

94116

(e) Non-prescription drugs.

94117

(4) The amount of vitamins, herbal supplements, and personal	94118
care products collected;	94119

(5) If provided by the person who submitted or otherwise	94120
donated drugs to the program, the reasons why the drugs were	94121
returned or unused.	94122

(H) No entity is required to participate in a drug take-back	94123
program established under this section, and no entity shall be	94124
subject to civil liability or professional disciplinary action for	94125
declining to participate.	94126

(I) The board may accept grants, gifts, or donations for	94127
purposes of the program. Money received under this division shall	94128
be deposited into the drug take-back program fund established	94129
under section 109.90 of the Revised Code.	94130

Sec. 4729.80. (A) If the state board of pharmacy establishes	94131
and maintains a drug database pursuant to section 4729.75 of the	94132
Revised Code, the board is authorized or required to provide	94133
information from the database in accordance with the following:	94134

(1) On receipt of a request from a designated representative	94135
of a government entity responsible for the licensure, regulation,	94136
or discipline of health care professionals with authority to	94137
prescribe, administer, or dispense drugs, the board may provide to	94138
the representative information from the database relating to the	94139
professional who is the subject of an active investigation being	94140
conducted by the government entity.	94141

(2) On receipt of a request from a federal officer, or a	94142
state or local officer of this or any other state, whose duties	94143
include enforcing laws relating to drugs, the board shall provide	94144
to the officer information from the database relating to the	94145
person who is the subject of an active investigation of a drug	94146
abuse offense, as defined in section 2925.01 of the Revised Code,	94147
being conducted by the officer's employing government entity.	94148

(3) Pursuant to a subpoena issued by a grand jury, the board	94149
shall provide to the grand jury information from the database	94150
relating to the person who is the subject of an investigation	94151
being conducted by the grand jury.	94152

(4) Pursuant to a subpoena, search warrant, or court order in	94153
connection with the investigation or prosecution of a possible or	94154
alleged criminal offense, the board shall provide information from	94155
the database as necessary to comply with the subpoena, search	94156
warrant, or court order.	94157

(5) On receipt of a request from a prescriber or the	94158
prescriber's delegate approved by the board, the board may provide	94159
to the prescriber information from the database relating to a	94160
patient who is either of the following, if the prescriber	94161
certifies in a form specified by the board that it is for the	94162
purpose of providing medical treatment to the patient who is the	94163
subject of the request;:	94164

(a) A current patient of the prescriber;

94165

(b) A potential patient of the prescriber based on a referral	94166
of the patient to the prescriber.	94167

(6) On receipt of a request from a pharmacist or the	94168
pharmacist's delegate approved by the board, the board may provide	94169
to the pharmacist information from the database relating to a	94170
current patient of the pharmacist, if the pharmacist certifies in	94171
a form specified by the board that it is for the purpose of the	94172
pharmacist's practice of pharmacy involving the patient who is the	94173
subject of the request.	94174

(7) On receipt of a request from an individual seeking the	94175
individual's own database information in accordance with the	94176
procedure established in rules adopted under section 4729.84 of	94177
the Revised Code, the board may provide to the individual the	94178
individual's own database information.	94179

(8) On receipt of a request from the medical director of a	94180
managed care organization that has entered into a data security	94181
agreement with the board required by section ~~5111.1710~~5167.14 of	94182
the Revised Code, the board ~~may~~shall provide to the medical	94183
director information from the database relating to a medicaid	94184
recipient enrolled in the managed care organization, including	94185
information in the database related to prescriptions for the	94186
recipient that were not covered or reimbursed under a program	94187
administered by the department of medicaid.	94188

(9) On receipt of a request from the medicaid director ~~of job~~	94189
~~and family services~~, the board ~~may~~shall provide to the director	94190
information from the database relating to a recipient of a program	94191
administered by the department of ~~job and family services~~	94192
medicaid, including information in the database related to	94193
prescriptions for the recipient that were not covered or paid by a	94194
program administered by the department.	94195

(10) On receipt of a request from the administrator of	94196
workers' compensation, the board may provide to the administrator	94197
information from the database relating to a claimant under Chapter	94198
4121., 4123., 4127., or 4131. of the Revised Code.	94199

(11) On receipt of a request from a requestor described in	94200
division (A)(1), (2), (5), or (6) of this section who is from or	94201
participating with another state's prescription monitoring	94202
program, the board may provide to the requestor information from	94203
the database, but only if there is a written agreement under which	94204
the information is to be used and disseminated according to the	94205
laws of this state.	94206

(B) The state board of pharmacy shall maintain a record of	94207
each individual or entity that requests information from the	94208
database pursuant to this section. In accordance with rules	94209
adopted under section 4729.84 of the Revised Code, the board may	94210
use the records to document and report statistics and law	94211
enforcement outcomes.	94212

The board may provide records of an individual's requests for	94213
database information to the following:	94214

(1) A designated representative of a government entity that	94215
is responsible for the licensure, regulation, or discipline of	94216
health care professionals with authority to prescribe, administer,	94217
or dispense drugs who is involved in an active investigation being	94218
conducted by the government entity of the individual who submitted	94219
the requests for database information;	94220

(2) A federal officer, or a state or local officer of this or	94221
any other state, whose duties include enforcing laws relating to	94222
drugs and who is involved in an active investigation being	94223
conducted by the officer's employing government entity of the	94224
individual who submitted the requests for database information.	94225

(C) Information contained in the database and any information	94226
obtained from it is not a public record. Information contained in	94227
the records of requests for information from the database is not a	94228
public record. Information that does not identify a person may be	94229
released in summary, statistical, or aggregate form.	94230

(D) A pharmacist or prescriber shall not be held liable in	94231
damages to any person in any civil action for injury, death, or	94232
loss to person or property on the basis that the pharmacist or	94233
prescriber did or did not seek or obtain information from the	94234
database.	94235

Sec. 4729.81. If the state board of pharmacy establishes and	94236
maintains a drug database pursuant to section 4729.75 of the	94237
Revised Code, the board shall review the information in the drug	94238
database. If the board determines from the review that a violation	94239
of law may have occurred, it shall notify the appropriate law	94240
enforcement agency or a government entity responsible for the	94241
licensure, regulation, or discipline of licensed health	94242
professionals authorized to prescribe drugs and supply information	94243
required by the agency or entity for an investigation of the	94244
violation of law that may have occurred. The board also shall	94245
notify the medicaid director if the board determines that the	94246
violation may have been committed by a provider of services under	94247
a program administered by the department of medicaid.	94248

Sec. 4730.411. (A) Except as provided in division (B) or (C)	94249
of this section, a physician assistant may prescribe to a patient	94250
a schedule II controlled substance only if all of the following	94251
are the case:	94252

(1) The patient is in a terminal condition, as defined in	94253
section 2133.01 of the Revised Code.	94254

(2) The physician assistant's supervising physician initially	94255
prescribed the substance for the patient.	94256

(3) The prescription is for an amount that does not exceed	94257
the amount necessary for the patient's use in a single,	94258
twenty-four-hour period.	94259

(B) The restrictions on prescriptive authority in division	94260
(A) of this section do not apply if a physician assistant issues	94261
the prescription to the patient from any of the following	94262
locations:	94263

(1) A hospital registered under section 3701.07 of the	94264
Revised Code;	94265

(2) An entity owned or controlled, in whole or in part, by a	94266
hospital or by an entity that owns or controls, in whole or in	94267
part, one or more hospitals;	94268

(3) A health care facility operated by the department of	94269
~~mental health~~mental health and addiction services or the	94270
department of developmental disabilities;	94271

(4) A nursing home licensed under section 3721.02 of the	94272
Revised Code or by a political subdivision certified under section	94273
3721.09 of the Revised Code;	94274

(5) A county home or district home operated under Chapter	94275
5155. of the Revised Code that is certified under the medicare or	94276
medicaid program;	94277

(6) A hospice care program, as defined in section 3712.01 of	94278
the Revised Code;	94279

(7) A community mental health ~~agency~~services provider, as	94280
defined in section 5122.01 of the Revised Code;	94281

(8) An ambulatory surgical facility, as defined in section	94282
3702.30 of the Revised Code;	94283

(9) A freestanding birthing center, as defined in section	94284
~~3702.51~~3702.141 of the Revised Code;	94285

(10) A federally qualified health center, as defined in	94286
section 3701.047 of the Revised Code;	94287

(11) A federally qualified health center look-alike, as	94288
defined in section 3701.047 of the Revised Code;	94289

(12) A health care office or facility operated by the board	94290
of health of a city or general health district or the authority	94291
having the duties of a board of health under section 3709.05 of	94292
the Revised Code;	94293

(13) A site where a medical practice is operated, but only if	94294
the practice is comprised of one or more physicians who also are	94295
owners of the practice; the practice is organized to provide	94296
direct patient care; and the physician assistant has entered into	94297
a supervisory agreement with at least one of the physician owners	94298
who practices primarily at that site.	94299

(C) A physician assistant shall not issue to a patient a	94300
prescription for a schedule II controlled substance from a	94301
convenience care clinic even if the convenience care clinic is	94302
owned or operated by an entity specified in division (B) of this	94303
section.	94304

(D) A pharmacist who acts in good faith reliance on a	94305
prescription issued by a physician assistant under division (B) of	94306
this section is not liable for or subject to any of the following	94307
for relying on the prescription: damages in any civil action,	94308
prosecution in any criminal proceeding, or professional	94309
disciplinary action by the state board of pharmacy under Chapter	94310
4729. of the Revised Code.	94311

Sec. 4731.05. (A) The state medical board shall adopt rules	94312
in accordance with Chapter 119. of the Revised Code to carry out	94313
the purposes of this chapter. All adjudicative proceedings of the	94314
state medical board shall be conducted in accordance with Chapter	94315
119. of the Revised Code.	94316

(B) The state medical board shall appoint an executive	94317
director who shall be in the unclassified service of the state.	94318
The board may appoint other employees of the board as are	94319
necessary and shall prescribe their titles and duties.	94320

(C) The state medical board shall develop requirements for	94321
and provide appropriate initial and continuing training for	94322
investigators employed by the board to carry out its duties under	94323
Chapter 4731. of the Revised Code. The training and continuing	94324
education may include enrollment in courses operated or approved	94325
by the Ohio peace officer training commission that the board	94326
considers appropriate under conditions set forth in section 109.79	94327
of the Revised Code.	94328

(D)(1) The state medical board shall adopt internal	94329
management rules pursuant to section 111.15 of the Revised Code.	94330
The rules shall set forth criteria for assessing the board's	94331
accomplishments, activities, and performance data, including	94332
metrics detailing the board's revenues and reimbursements; budget	94333
distribution; investigation and licensing activity, including	94334
processing time frames; and enforcement data, including processing	94335
time frames. The board shall include the assessment in the annual	94336
report required by section 149.01 of the Revised Code.	94337

(2) The state medical board shall cause the internal	94338
management rules and annual report described in division (D)(1) of	94339
this section to be publicly accessible on the state medical	94340
board's web site.	94341

Sec. 4731.151. (A) Naprapaths who received a certificate to	94342
practice from the board prior to March 2, 1992, may continue to	94343
practice naprapathy, as defined in rules adopted by the board.	94344
Such naprapaths shall practice in accordance with rules adopted by	94345
the board.	94346

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

94347

(a) "Mechanotherapy" means all of the following:

94348

(i) Examining patients by verbal inquiry;

94349

(ii) Examination of the musculoskeletal system by hand;

94350

(iii) Visual inspection and observation;

94351

(iv) Diagnosing a patient's condition only as to whether the	94352
patient has a disorder of the musculoskeletal system;	94353

(v) In the treatment of patients, employing the techniques of	94354
advised or supervised exercise; electrical neuromuscular	94355
stimulation; massage or manipulation; or air, water, heat, cold,	94356
sound, or infrared ray therapy only to those disorders of the	94357
musculoskeletal system that are amenable to treatment by such	94358
techniques and that are identifiable by examination performed in	94359
accordance with division (B)(1)(a)(i) of this section and	94360
diagnosable in accordance with division (B)(1)(a)(ii) of this	94361
section.	94362

(b) "Educational requirements" means the completion of a	94363
course of study appropriate for certification to practice	94364
mechanotherapy on or before November 3, 1985, as determined by	94365
rules adopted under this chapter.	94366

(2) Mechanotherapists who received a certificate to practice	94367
from the board prior to March 2, 1992, may continue to practice	94368
mechanotherapy, as defined in rules adopted by the board. Such	94369
mechanotherapists shall practice in accordance with rules adopted	94370
by the board.	94371

A person authorized by this division to practice as a	94372
mechanotherapist may examine, diagnose, and assume responsibility	94373
for the care of patients with due regard for first aid and the	94374
hygienic and nutritional care of the patients. Roentgen rays shall	94375
be used by a mechanotherapist only for diagnostic purposes.	94376

(3) A person who holds a certificate to practice	94377
mechanotherapy and completed educational requirements in	94378
mechanotherapy on or before November 3, 1985, is entitled to use	94379
the title "doctor of mechanotherapy" and is a "physician" who	94380
performs "medical services" for the purposes of Chapters 4121. and	94381
4123. of the Revised Code and the medicaid program ~~established~~	94382
~~under section 5111.01 of the Revised Code~~, and shall receive	94383
payment or reimbursement as provided under those chapters and that	94384
~~section~~program.	94385

Sec. 4731.22. (A) The state medical board, by an affirmative	94386
vote of not fewer than six of its members, may limit, revoke, or	94387
suspend an individual's certificate to practice, refuse to grant a	94388
certificate to an individual, refuse to register an individual,	94389
refuse to reinstate a certificate, or reprimand or place on	94390
probation the holder of a certificate if the individual or	94391
certificate holder is found by the board to have committed fraud	94392
during the administration of the examination for a certificate to	94393
practice or to have committed fraud, misrepresentation, or	94394
deception in applying for or securing any certificate to practice	94395
or certificate of registration issued by the board.	94396

(B) The board, by an affirmative vote of not fewer than six	94397
members, shall, to the extent permitted by law, limit, revoke, or	94398
suspend an individual's certificate to practice, refuse to	94399
register an individual, refuse to reinstate a certificate, or	94400
reprimand or place on probation the holder of a certificate for	94401
one or more of the following reasons:	94402

(1) Permitting one's name or one's certificate to practice or	94403
certificate of registration to be used by a person, group, or	94404
corporation when the individual concerned is not actually	94405
directing the treatment given;	94406

(2) Failure to maintain minimal standards applicable to the	94407
selection or administration of drugs, or failure to employ	94408
acceptable scientific methods in the selection of drugs or other	94409
modalities for treatment of disease;	94410

(3) Selling, giving away, personally furnishing, prescribing,	94411
or administering drugs for other than legal and legitimate	94412
therapeutic purposes or a plea of guilty to, a judicial finding of	94413
guilt of, or a judicial finding of eligibility for intervention in	94414
lieu of conviction of, a violation of any federal or state law	94415
regulating the possession, distribution, or use of any drug;	94416

(4) Willfully betraying a professional confidence.

94417

For purposes of this division, "willfully betraying a	94418
professional confidence" does not include providing any	94419
information, documents, or reports to a child fatality review	94420
board under sections 307.621 to 307.629 of the Revised Code and	94421
does not include the making of a report of an employee's use of a	94422
drug of abuse, or a report of a condition of an employee other	94423
than one involving the use of a drug of abuse, to the employer of	94424
the employee as described in division (B) of section 2305.33 of	94425
the Revised Code. Nothing in this division affects the immunity	94426
from civil liability conferred by that section upon a physician	94427
who makes either type of report in accordance with division (B) of	94428
that section. As used in this division, "employee," "employer,"	94429
and "physician" have the same meanings as in section 2305.33 of	94430
the Revised Code.	94431

(5) Making a false, fraudulent, deceptive, or misleading	94432
statement in the solicitation of or advertising for patients; in	94433
relation to the practice of medicine and surgery, osteopathic	94434
medicine and surgery, podiatric medicine and surgery, or a limited	94435
branch of medicine; or in securing or attempting to secure any	94436
certificate to practice or certificate of registration issued by	94437
the board.	94438

As used in this division, "false, fraudulent, deceptive, or	94439
misleading statement" means a statement that includes a	94440
misrepresentation of fact, is likely to mislead or deceive because	94441
of a failure to disclose material facts, is intended or is likely	94442
to create false or unjustified expectations of favorable results,	94443
or includes representations or implications that in reasonable	94444
probability will cause an ordinarily prudent person to	94445
misunderstand or be deceived.	94446

(6) A departure from, or the failure to conform to, minimal	94447
standards of care of similar practitioners under the same or	94448
similar circumstances, whether or not actual injury to a patient	94449
is established;	94450

(7) Representing, with the purpose of obtaining compensation	94451
or other advantage as personal gain or for any other person, that	94452
an incurable disease or injury, or other incurable condition, can	94453
be permanently cured;	94454

(8) The obtaining of, or attempting to obtain, money or	94455
anything of value by fraudulent misrepresentations in the course	94456
of practice;	94457

(9) A plea of guilty to, a judicial finding of guilt of, or a	94458
judicial finding of eligibility for intervention in lieu of	94459
conviction for, a felony;	94460

(10) Commission of an act that constitutes a felony in this	94461
state, regardless of the jurisdiction in which the act was	94462
committed;	94463

(11) A plea of guilty to, a judicial finding of guilt of, or	94464
a judicial finding of eligibility for intervention in lieu of	94465
conviction for, a misdemeanor committed in the course of practice;	94466

(12) Commission of an act in the course of practice that	94467
constitutes a misdemeanor in this state, regardless of the	94468
jurisdiction in which the act was committed;	94469

(13) A plea of guilty to, a judicial finding of guilt of, or	94470
a judicial finding of eligibility for intervention in lieu of	94471
conviction for, a misdemeanor involving moral turpitude;	94472

(14) Commission of an act involving moral turpitude that	94473
constitutes a misdemeanor in this state, regardless of the	94474
jurisdiction in which the act was committed;	94475

(15) Violation of the conditions of limitation placed by the	94476
board upon a certificate to practice;	94477

(16) Failure to pay license renewal fees specified in this	94478
chapter;	94479

(17) Except as authorized in section 4731.31 of the Revised	94480
Code, engaging in the division of fees for referral of patients,	94481
or the receiving of a thing of value in return for a specific	94482
referral of a patient to utilize a particular service or business;	94483

(18) Subject to section 4731.226 of the Revised Code,	94484
violation of any provision of a code of ethics of the American	94485
medical association, the American osteopathic association, the	94486
American podiatric medical association, or any other national	94487
professional organizations that the board specifies by rule. The	94488
state medical board shall obtain and keep on file current copies	94489
of the codes of ethics of the various national professional	94490
organizations. The individual whose certificate is being suspended	94491
or revoked shall not be found to have violated any provision of a	94492
code of ethics of an organization not appropriate to the	94493
individual's profession.	94494

For purposes of this division, a "provision of a code of	94495
ethics of a national professional organization" does not include	94496
any provision that would preclude the making of a report by a	94497
physician of an employee's use of a drug of abuse, or of a	94498
condition of an employee other than one involving the use of a	94499
drug of abuse, to the employer of the employee as described in	94500
division (B) of section 2305.33 of the Revised Code. Nothing in	94501
this division affects the immunity from civil liability conferred	94502
by that section upon a physician who makes either type of report	94503
in accordance with division (B) of that section. As used in this	94504
division, "employee," "employer," and "physician" have the same	94505
meanings as in section 2305.33 of the Revised Code.	94506

(19) Inability to practice according to acceptable and	94507
prevailing standards of care by reason of mental illness or	94508
physical illness, including, but not limited to, physical	94509
deterioration that adversely affects cognitive, motor, or	94510
perceptive skills.	94511

In enforcing this division, the board, upon a showing of a	94512
possible violation, may compel any individual authorized to	94513
practice by this chapter or who has submitted an application	94514
pursuant to this chapter to submit to a mental examination,	94515
physical examination, including an HIV test, or both a mental and	94516
a physical examination. The expense of the examination is the	94517
responsibility of the individual compelled to be examined. Failure	94518
to submit to a mental or physical examination or consent to an HIV	94519
test ordered by the board constitutes an admission of the	94520
allegations against the individual unless the failure is due to	94521
circumstances beyond the individual's control, and a default and	94522
final order may be entered without the taking of testimony or	94523
presentation of evidence. If the board finds an individual unable	94524
to practice because of the reasons set forth in this division, the	94525
board shall require the individual to submit to care, counseling,	94526
or treatment by physicians approved or designated by the board, as	94527
a condition for initial, continued, reinstated, or renewed	94528
authority to practice. An individual affected under this division	94529
shall be afforded an opportunity to demonstrate to the board the	94530
ability to resume practice in compliance with acceptable and	94531
prevailing standards under the provisions of the individual's	94532
certificate. For the purpose of this division, any individual who	94533
applies for or receives a certificate to practice under this	94534
chapter accepts the privilege of practicing in this state and, by	94535
so doing, shall be deemed to have given consent to submit to a	94536
mental or physical examination when directed to do so in writing	94537
by the board, and to have waived all objections to the	94538
admissibility of testimony or examination reports that constitute	94539
a privileged communication.	94540

(20) Except when civil penalties are imposed under section	94541
4731.225 or 4731.281 of the Revised Code, and subject to section	94542
4731.226 of the Revised Code, violating or attempting to violate,	94543
directly or indirectly, or assisting in or abetting the violation	94544
of, or conspiring to violate, any provisions of this chapter or	94545
any rule promulgated by the board.	94546

This division does not apply to a violation or attempted	94547
violation of, assisting in or abetting the violation of, or a	94548
conspiracy to violate, any provision of this chapter or any rule	94549
adopted by the board that would preclude the making of a report by	94550
a physician of an employee's use of a drug of abuse, or of a	94551
condition of an employee other than one involving the use of a	94552
drug of abuse, to the employer of the employee as described in	94553
division (B) of section 2305.33 of the Revised Code. Nothing in	94554
this division affects the immunity from civil liability conferred	94555
by that section upon a physician who makes either type of report	94556
in accordance with division (B) of that section. As used in this	94557
division, "employee," "employer," and "physician" have the same	94558
meanings as in section 2305.33 of the Revised Code.	94559

(21) The violation of section 3701.79 of the Revised Code or	94560
of any abortion rule adopted by the public health council pursuant	94561
to section 3701.341 of the Revised Code;	94562

(22) Any of the following actions taken by an agency	94563
responsible for authorizing, certifying, or regulating an	94564
individual to practice a health care occupation or provide health	94565
care services in this state or another jurisdiction, for any	94566
reason other than the nonpayment of fees: the limitation,	94567
revocation, or suspension of an individual's license to practice;	94568
acceptance of an individual's license surrender; denial of a	94569
license; refusal to renew or reinstate a license; imposition of	94570
probation; or issuance of an order of censure or other reprimand;	94571

(23) The violation of section 2919.12 of the Revised Code or	94572
the performance or inducement of an abortion upon a pregnant woman	94573
with actual knowledge that the conditions specified in division	94574
(B) of section 2317.56 of the Revised Code have not been satisfied	94575
or with a heedless indifference as to whether those conditions	94576
have been satisfied, unless an affirmative defense as specified in	94577
division (H)(2) of that section would apply in a civil action	94578
authorized by division (H)(1) of that section;	94579

(24) The revocation, suspension, restriction, reduction, or	94580
termination of clinical privileges by the United States department	94581
of defense or department of veterans affairs or the termination or	94582
suspension of a certificate of registration to prescribe drugs by	94583
the drug enforcement administration of the United States	94584
department of justice;	94585

(25) Termination or suspension from participation in the	94586
medicare or medicaid programs by the department of health and	94587
human services or other responsible agency for any act or acts	94588
that also would constitute a violation of division (B)(2), (3),	94589
(6), (8), or (19) of this section;	94590

(26) Impairment of ability to practice according to	94591
acceptable and prevailing standards of care because of habitual or	94592
excessive use or abuse of drugs, alcohol, or other substances that	94593
impair ability to practice.	94594

For the purposes of this division, any individual authorized	94595
to practice by this chapter accepts the privilege of practicing in	94596
this state subject to supervision by the board. By filing an	94597
application for or holding a certificate to practice under this	94598
chapter, an individual shall be deemed to have given consent to	94599
submit to a mental or physical examination when ordered to do so	94600
by the board in writing, and to have waived all objections to the	94601
admissibility of testimony or examination reports that constitute	94602
privileged communications.	94603

If it has reason to believe that any individual authorized to	94604
practice by this chapter or any applicant for certification to	94605
practice suffers such impairment, the board may compel the	94606
individual to submit to a mental or physical examination, or both.	94607
The expense of the examination is the responsibility of the	94608
individual compelled to be examined. Any mental or physical	94609
examination required under this division shall be undertaken by a	94610
treatment provider or physician who is qualified to conduct the	94611
examination and who is chosen by the board.	94612

Failure to submit to a mental or physical examination ordered	94613
by the board constitutes an admission of the allegations against	94614
the individual unless the failure is due to circumstances beyond	94615
the individual's control, and a default and final order may be	94616
entered without the taking of testimony or presentation of	94617
evidence. If the board determines that the individual's ability to	94618
practice is impaired, the board shall suspend the individual's	94619
certificate or deny the individual's application and shall require	94620
the individual, as a condition for initial, continued, reinstated,	94621
or renewed certification to practice, to submit to treatment.	94622

Before being eligible to apply for reinstatement of a	94623
certificate suspended under this division, the impaired	94624
practitioner shall demonstrate to the board the ability to resume	94625
practice in compliance with acceptable and prevailing standards of	94626
care under the provisions of the practitioner's certificate. The	94627
demonstration shall include, but shall not be limited to, the	94628
following:	94629

(a) Certification from a treatment provider approved under	94630
section 4731.25 of the Revised Code that the individual has	94631
successfully completed any required inpatient treatment;	94632

(b) Evidence of continuing full compliance with an aftercare	94633
contract or consent agreement;	94634

(c) Two written reports indicating that the individual's	94635
ability to practice has been assessed and that the individual has	94636
been found capable of practicing according to acceptable and	94637
prevailing standards of care. The reports shall be made by	94638
individuals or providers approved by the board for making the	94639
assessments and shall describe the basis for their determination.	94640

The board may reinstate a certificate suspended under this	94641
division after that demonstration and after the individual has	94642
entered into a written consent agreement.	94643

When the impaired practitioner resumes practice, the board	94644
shall require continued monitoring of the individual. The	94645
monitoring shall include, but not be limited to, compliance with	94646
the written consent agreement entered into before reinstatement or	94647
with conditions imposed by board order after a hearing, and, upon	94648
termination of the consent agreement, submission to the board for	94649
at least two years of annual written progress reports made under	94650
penalty of perjury stating whether the individual has maintained	94651
sobriety.	94652

(27) A second or subsequent violation of section 4731.66 or	94653
4731.69 of the Revised Code;	94654

(28) Except as provided in division (N) of this section:

94655

(a) Waiving the payment of all or any part of a deductible or	94656
copayment that a patient, pursuant to a health insurance or health	94657
care policy, contract, or plan that covers the individual's	94658
services, otherwise would be required to pay if the waiver is used	94659
as an enticement to a patient or group of patients to receive	94660
health care services from that individual;	94661

(b) Advertising that the individual will waive the payment of	94662
all or any part of a deductible or copayment that a patient,	94663
pursuant to a health insurance or health care policy, contract, or	94664
plan that covers the individual's services, otherwise would be	94665
required to pay.	94666

(29) Failure to use universal blood and body fluid	94667
precautions established by rules adopted under section 4731.051 of	94668
the Revised Code;	94669

(30) Failure to provide notice to, and receive acknowledgment	94670
of the notice from, a patient when required by section 4731.143 of	94671
the Revised Code prior to providing nonemergency professional	94672
services, or failure to maintain that notice in the patient's	94673
file;	94674

(31) Failure of a physician supervising a physician assistant	94675
to maintain supervision in accordance with the requirements of	94676
Chapter 4730. of the Revised Code and the rules adopted under that	94677
chapter;	94678

(32) Failure of a physician or podiatrist to enter into a	94679
standard care arrangement with a clinical nurse specialist,	94680
certified nurse-midwife, or certified nurse practitioner with whom	94681
the physician or podiatrist is in collaboration pursuant to	94682
section 4731.27 of the Revised Code or failure to fulfill the	94683
responsibilities of collaboration after entering into a standard	94684
care arrangement;	94685

(33) Failure to comply with the terms of a consult agreement	94686
entered into with a pharmacist pursuant to section 4729.39 of the	94687
Revised Code;	94688

(34) Failure to cooperate in an investigation conducted by	94689
the board under division (F) of this section, including failure to	94690
comply with a subpoena or order issued by the board or failure to	94691
answer truthfully a question presented by the board in an	94692
investigative interview, an investigative office conference, at a	94693
deposition, or in written interrogatories, except that failure to	94694
cooperate with an investigation shall not constitute grounds for	94695
discipline under this section if a court of competent jurisdiction	94696
has issued an order that either quashes a subpoena or permits the	94697
individual to withhold the testimony or evidence in issue;	94698

(35) Failure to supervise an oriental medicine practitioner	94699
or acupuncturist in accordance with Chapter 4762. of the Revised	94700
Code and the board's rules for providing that supervision;	94701

(36) Failure to supervise an anesthesiologist assistant in	94702
accordance with Chapter 4760. of the Revised Code and the board's	94703
rules for supervision of an anesthesiologist assistant;	94704

(37) Assisting suicide as defined in section 3795.01 of the	94705
Revised Code;	94706

(38) Failure to comply with the requirements of section	94707
2317.561 of the Revised Code;	94708

(39) Failure to supervise a radiologist assistant in	94709
accordance with Chapter 4774. of the Revised Code and the board's	94710
rules for supervision of radiologist assistants;	94711

(40) Performing or inducing an abortion at an office or	94712
facility with knowledge that the office or facility fails to post	94713
the notice required under section 3701.791 of the Revised Code;	94714

(41) Failure to comply with the standards and procedures	94715
established in rules under section 4731.054 of the Revised Code	94716
for the operation of or the provision of care at a pain management	94717
clinic;	94718

(42) Failure to comply with the standards and procedures	94719
established in rules under section 4731.054 of the Revised Code	94720
for providing supervision, direction, and control of individuals	94721
at a pain management clinic;	94722

(43) Failure to comply with the requirements of section	94723
4729.79 of the Revised Code, unless the state board of pharmacy no	94724
longer maintains a drug database pursuant to section 4729.75 of	94725
the Revised Code;	94726

(44) Failure to comply with the requirements of section	94727
2919.171 of the Revised Code or failure to submit to the	94728
department of health in accordance with a court order a complete	94729
report as described in section 2919.171 of the Revised Code;	94730

(45) Practicing at a facility that is subject to licensure as	94731
a category III terminal distributor of dangerous drugs with a pain	94732
management clinic classification unless the person operating the	94733
facility has obtained and maintains the license with the	94734
classification;	94735

(46) Owning a facility that is subject to licensure as a	94736
category III terminal distributor of dangerous drugs with a pain	94737
management clinic classification unless the facility is licensed	94738
with the classification;	94739

(47) Failure to comply with the requirement regarding	94740
maintaining notes described in division (B) of section 2919.191 of	94741
the Revised Code or failure to satisfy the requirements of section	94742
2919.191 of the Revised Code prior to performing or inducing an	94743
abortion upon a pregnant woman.	94744

(C) Disciplinary actions taken by the board under divisions	94745
(A) and (B) of this section shall be taken pursuant to an	94746
adjudication under Chapter 119. of the Revised Code, except that	94747
in lieu of an adjudication, the board may enter into a consent	94748
agreement with an individual to resolve an allegation of a	94749
violation of this chapter or any rule adopted under it. A consent	94750
agreement, when ratified by an affirmative vote of not fewer than	94751
six members of the board, shall constitute the findings and order	94752
of the board with respect to the matter addressed in the	94753
agreement. If the board refuses to ratify a consent agreement, the	94754
admissions and findings contained in the consent agreement shall	94755
be of no force or effect.	94756

A telephone conference call may be utilized for ratification	94757
of a consent agreement that revokes or suspends an individual's	94758
certificate to practice. The telephone conference call shall be	94759
considered a special meeting under division (F) of section 121.22	94760
of the Revised Code.	94761

If the board takes disciplinary action against an individual	94762
under division (B) of this section for a second or subsequent plea	94763
of guilty to, or judicial finding of guilt of, a violation of	94764
section 2919.123 of the Revised Code, the disciplinary action	94765
shall consist of a suspension of the individual's certificate to	94766
practice for a period of at least one year or, if determined	94767
appropriate by the board, a more serious sanction involving the	94768
individual's certificate to practice. Any consent agreement	94769
entered into under this division with an individual that pertains	94770
to a second or subsequent plea of guilty to, or judicial finding	94771
of guilt of, a violation of that section shall provide for a	94772
suspension of the individual's certificate to practice for a	94773
period of at least one year or, if determined appropriate by the	94774
board, a more serious sanction involving the individual's	94775
certificate to practice.	94776

(D) For purposes of divisions (B)(10), (12), and (14) of this	94777
section, the commission of the act may be established by a finding	94778
by the board, pursuant to an adjudication under Chapter 119. of	94779
the Revised Code, that the individual committed the act. The board	94780
does not have jurisdiction under those divisions if the trial	94781
court renders a final judgment in the individual's favor and that	94782
judgment is based upon an adjudication on the merits. The board	94783
has jurisdiction under those divisions if the trial court issues	94784
an order of dismissal upon technical or procedural grounds.	94785

(E) The sealing of conviction records by any court shall have	94786
no effect upon a prior board order entered under this section or	94787
upon the board's jurisdiction to take action under this section	94788
if, based upon a plea of guilty, a judicial finding of guilt, or a	94789
judicial finding of eligibility for intervention in lieu of	94790
conviction, the board issued a notice of opportunity for a hearing	94791
prior to the court's order to seal the records. The board shall	94792
not be required to seal, destroy, redact, or otherwise modify its	94793
records to reflect the court's sealing of conviction records.	94794

(F)(1) The board shall investigate evidence that appears to	94795
show that a person has violated any provision of this chapter or	94796
any rule adopted under it. Any person may report to the board in a	94797
signed writing any information that the person may have that	94798
appears to show a violation of any provision of this chapter or	94799
any rule adopted under it. In the absence of bad faith, any person	94800
who reports information of that nature or who testifies before the	94801
board in any adjudication conducted under Chapter 119. of the	94802
Revised Code shall not be liable in damages in a civil action as a	94803
result of the report or testimony. Each complaint or allegation of	94804
a violation received by the board shall be assigned a case number	94805
and shall be recorded by the board.	94806

(2) Investigations of alleged violations of this chapter or	94807
any rule adopted under it shall be supervised by the supervising	94808
member elected by the board in accordance with section 4731.02 of	94809
the Revised Code and by the secretary as provided in section	94810
4731.39 of the Revised Code. The president may designate another	94811
member of the board to supervise the investigation in place of the	94812
supervising member. No member of the board who supervises the	94813
investigation of a case shall participate in further adjudication	94814
of the case.	94815

(3) In investigating a possible violation of this chapter or	94816
any rule adopted under this chapter, or in conducting an	94817
inspection under division (E) of section 4731.054 of the Revised	94818
Code, the board may question witnesses, conduct interviews,	94819
administer oaths, order the taking of depositions, inspect and	94820
copy any books, accounts, papers, records, or documents, issue	94821
subpoenas, and compel the attendance of witnesses and production	94822
of books, accounts, papers, records, documents, and testimony,	94823
except that a subpoena for patient record information shall not be	94824
issued without consultation with the attorney general's office and	94825
approval of the secretary and supervising member of the board.	94826

(a) Before issuance of a subpoena for patient record	94827
information, the secretary and supervising member shall determine	94828
whether there is probable cause to believe that the complaint	94829
filed alleges a violation of this chapter or any rule adopted	94830
under it and that the records sought are relevant to the alleged	94831
violation and material to the investigation. The subpoena may	94832
apply only to records that cover a reasonable period of time	94833
surrounding the alleged violation.	94834

(b) On failure to comply with any subpoena issued by the	94835
board and after reasonable notice to the person being subpoenaed,	94836
the board may move for an order compelling the production of	94837
persons or records pursuant to the Rules of Civil Procedure.	94838

(c) A subpoena issued by the board may be served by a	94839
sheriff, the sheriff's deputy, or a board employee designated by	94840
the board. Service of a subpoena issued by the board may be made	94841
by delivering a copy of the subpoena to the person named therein,	94842
reading it to the person, or leaving it at the person's usual	94843
place of residence, usual place of business, or address on file	94844
with the board. When serving a subpoena to an applicant for or the	94845
holder of a certificate issued under this chapter, service of the	94846
subpoena may be made by certified mail, return receipt requested,	94847
and the subpoena shall be deemed served on the date delivery is	94848
made or the date the person refuses to accept delivery. If the	94849
person being served refuses to accept the subpoena or is not	94850
located, service may be made to an attorney who notifies the board	94851
that the attorney is representing the person.	94852

(d) A sheriff's deputy who serves a subpoena shall receive	94853
the same fees as a sheriff. Each witness who appears before the	94854
board in obedience to a subpoena shall receive the fees and	94855
mileage provided for under section 119.094 of the Revised Code.	94856

(4) All hearings, investigations, and inspections of the	94857
board shall be considered civil actions for the purposes of	94858
section 2305.252 of the Revised Code.	94859

(5) A report required to be submitted to the board under this	94860
chapter, a complaint, or information received by the board	94861
pursuant to an investigation or pursuant to an inspection under	94862
division (E) of section 4731.054 of the Revised Code is	94863
confidential and not subject to discovery in any civil action.	94864

The board shall conduct all investigations or inspections and	94865
proceedings in a manner that protects the confidentiality of	94866
patients and persons who file complaints with the board. The board	94867
shall not make public the names or any other identifying	94868
information about patients or complainants unless proper consent	94869
is given or, in the case of a patient, a waiver of the patient	94870
privilege exists under division (B) of section 2317.02 of the	94871
Revised Code, except that consent or a waiver of that nature is	94872
not required if the board possesses reliable and substantial	94873
evidence that no bona fide physician-patient relationship exists.	94874

The board may share any information it receives pursuant to	94875
an investigation or inspection, including patient records and	94876
patient record information, with law enforcement agencies, other	94877
licensing boards, and other governmental agencies that are	94878
prosecuting, adjudicating, or investigating alleged violations of	94879
statutes or administrative rules. An agency or board that receives	94880
the information shall comply with the same requirements regarding	94881
confidentiality as those with which the state medical board must	94882
comply, notwithstanding any conflicting provision of the Revised	94883
Code or procedure of the agency or board that applies when it is	94884
dealing with other information in its possession. In a judicial	94885
proceeding, the information may be admitted into evidence only in	94886
accordance with the Rules of Evidence, but the court shall require	94887
that appropriate measures are taken to ensure that confidentiality	94888
is maintained with respect to any part of the information that	94889
contains names or other identifying information about patients or	94890
complainants whose confidentiality was protected by the state	94891
medical board when the information was in the board's possession.	94892
Measures to ensure confidentiality that may be taken by the court	94893
include sealing its records or deleting specific information from	94894
its records.	94895

(6) On a quarterly basis, the board shall prepare a report	94896
that documents the disposition of all cases during the preceding	94897
three months. The report shall contain the following information	94898
for each case with which the board has completed its activities:	94899

(a) The case number assigned to the complaint or alleged	94900
violation;	94901

(b) The type of certificate to practice, if any, held by the	94902
individual against whom the complaint is directed;	94903

(c) A description of the allegations contained in the	94904
complaint;	94905

(d) The disposition of the case.

94906

The report shall state how many cases are still pending and	94907
shall be prepared in a manner that protects the identity of each	94908
person involved in each case. The report shall be a public record	94909
under section 149.43 of the Revised Code.	94910

(G) If the secretary and supervising member determine both of	94911
the following, they may recommend that the board suspend an	94912
individual's certificate to practice without a prior hearing:	94913

(1) That there is clear and convincing evidence that an	94914
individual has violated division (B) of this section;	94915

(2) That the individual's continued practice presents a	94916
danger of immediate and serious harm to the public.	94917

Written allegations shall be prepared for consideration by	94918
the board. The board, upon review of those allegations and by an	94919
affirmative vote of not fewer than six of its members, excluding	94920
the secretary and supervising member, may suspend a certificate	94921
without a prior hearing. A telephone conference call may be	94922
utilized for reviewing the allegations and taking the vote on the	94923
summary suspension.	94924

The board shall issue a written order of suspension by	94925
certified mail or in person in accordance with section 119.07 of	94926
the Revised Code. The order shall not be subject to suspension by	94927
the court during pendency of any appeal filed under section 119.12	94928
of the Revised Code. If the individual subject to the summary	94929
suspension requests an adjudicatory hearing by the board, the date	94930
set for the hearing shall be within fifteen days, but not earlier	94931
than seven days, after the individual requests the hearing, unless	94932
otherwise agreed to by both the board and the individual.	94933

Any summary suspension imposed under this division shall	94934
remain in effect, unless reversed on appeal, until a final	94935
adjudicative order issued by the board pursuant to this section	94936
and Chapter 119. of the Revised Code becomes effective. The board	94937
shall issue its final adjudicative order within seventy-five days	94938
after completion of its hearing. A failure to issue the order	94939
within seventy-five days shall result in dissolution of the	94940
summary suspension order but shall not invalidate any subsequent,	94941
final adjudicative order.	94942

(H) If the board takes action under division (B)(9), (11), or	94943
(13) of this section and the judicial finding of guilt, guilty	94944
plea, or judicial finding of eligibility for intervention in lieu	94945
of conviction is overturned on appeal, upon exhaustion of the	94946
criminal appeal, a petition for reconsideration of the order may	94947
be filed with the board along with appropriate court documents.	94948
Upon receipt of a petition of that nature and supporting court	94949
documents, the board shall reinstate the individual's certificate	94950
to practice. The board may then hold an adjudication under Chapter	94951
119. of the Revised Code to determine whether the individual	94952
committed the act in question. Notice of an opportunity for a	94953
hearing shall be given in accordance with Chapter 119. of the	94954
Revised Code. If the board finds, pursuant to an adjudication held	94955
under this division, that the individual committed the act or if	94956
no hearing is requested, the board may order any of the sanctions	94957
identified under division (B) of this section.	94958

(I) The certificate to practice issued to an individual under	94959
this chapter and the individual's practice in this state are	94960
automatically suspended as of the date of the individual's second	94961
or subsequent plea of guilty to, or judicial finding of guilt of,	94962
a violation of section 2919.123 of the Revised Code, or the date	94963
the individual pleads guilty to, is found by a judge or jury to be	94964
guilty of, or is subject to a judicial finding of eligibility for	94965
intervention in lieu of conviction in this state or treatment or	94966
intervention in lieu of conviction in another jurisdiction for any	94967
of the following criminal offenses in this state or a	94968
substantially equivalent criminal offense in another jurisdiction:	94969
aggravated murder, murder, voluntary manslaughter, felonious	94970
assault, kidnapping, rape, sexual battery, gross sexual	94971
imposition, aggravated arson, aggravated robbery, or aggravated	94972
burglary. Continued practice after suspension shall be considered	94973
practicing without a certificate.	94974

The board shall notify the individual subject to the	94975
suspension by certified mail or in person in accordance with	94976
section 119.07 of the Revised Code. If an individual whose	94977
certificate is automatically suspended under this division fails	94978
to make a timely request for an adjudication under Chapter 119. of	94979
the Revised Code, the board shall do whichever of the following is	94980
applicable:	94981

(1) If the automatic suspension under this division is for a	94982
second or subsequent plea of guilty to, or judicial finding of	94983
guilt of, a violation of section 2919.123 of the Revised Code, the	94984
board shall enter an order suspending the individual's certificate	94985
to practice for a period of at least one year or, if determined	94986
appropriate by the board, imposing a more serious sanction	94987
involving the individual's certificate to practice.	94988

(2) In all circumstances in which division (I)(1) of this	94989
section does not apply, enter a final order permanently revoking	94990
the individual's certificate to practice.	94991

(J) If the board is required by Chapter 119. of the Revised	94992
Code to give notice of an opportunity for a hearing and if the	94993
individual subject to the notice does not timely request a hearing	94994
in accordance with section 119.07 of the Revised Code, the board	94995
is not required to hold a hearing, but may adopt, by an	94996
affirmative vote of not fewer than six of its members, a final	94997
order that contains the board's findings. In that final order, the	94998
board may order any of the sanctions identified under division (A)	94999
or (B) of this section.	95000

(K) Any action taken by the board under division (B) of this	95001
section resulting in a suspension from practice shall be	95002
accompanied by a written statement of the conditions under which	95003
the individual's certificate to practice may be reinstated. The	95004
board shall adopt rules governing conditions to be imposed for	95005
reinstatement. Reinstatement of a certificate suspended pursuant	95006
to division (B) of this section requires an affirmative vote of	95007
not fewer than six members of the board.	95008

(L) When the board refuses to grant a certificate to an	95009
applicant, revokes an individual's certificate to practice,	95010
refuses to register an applicant, or refuses to reinstate an	95011
individual's certificate to practice, the board may specify that	95012
its action is permanent. An individual subject to a permanent	95013
action taken by the board is forever thereafter ineligible to hold	95014
a certificate to practice and the board shall not accept an	95015
application for reinstatement of the certificate or for issuance	95016
of a new certificate.	95017

(M) Notwithstanding any other provision of the Revised Code,	95018
all of the following apply:	95019

(1) The surrender of a certificate issued under this chapter	95020
shall not be effective unless or until accepted by the board. A	95021
telephone conference call may be utilized for acceptance of the	95022
surrender of an individual's certificate to practice. The	95023
telephone conference call shall be considered a special meeting	95024
under division (F) of section 121.22 of the Revised Code.	95025
Reinstatement of a certificate surrendered to the board requires	95026
an affirmative vote of not fewer than six members of the board.	95027

(2) An application for a certificate made under the	95028
provisions of this chapter may not be withdrawn without approval	95029
of the board.	95030

(3) Failure by an individual to renew a certificate of	95031
registration in accordance with this chapter shall not remove or	95032
limit the board's jurisdiction to take any disciplinary action	95033
under this section against the individual.	95034

(4) At the request of the board, a certificate holder shall	95035
immediately surrender to the board a certificate that the board	95036
has suspended, revoked, or permanently revoked.	95037

(N) Sanctions shall not be imposed under division (B)(28) of	95038
this section against any person who waives deductibles and	95039
copayments as follows:	95040

(1) In compliance with the health benefit plan that expressly	95041
allows such a practice. Waiver of the deductibles or copayments	95042
shall be made only with the full knowledge and consent of the plan	95043
purchaser, payer, and third-party administrator. Documentation of	95044
the consent shall be made available to the board upon request.	95045

(2) For professional services rendered to any other person	95046
authorized to practice pursuant to this chapter, to the extent	95047
allowed by this chapter and rules adopted by the board.	95048

(O) Under the board's investigative duties described in this	95049
section and subject to division (F) of this section, the board	95050
shall develop and implement a quality intervention program	95051
designed to improve through remedial education the clinical and	95052
communication skills of individuals authorized under this chapter	95053
to practice medicine and surgery, osteopathic medicine and	95054
surgery, and podiatric medicine and surgery. In developing and	95055
implementing the quality intervention program, the board may do	95056
all of the following:	95057

(1) Offer in appropriate cases as determined by the board an	95058
educational and assessment program pursuant to an investigation	95059
the board conducts under this section;	95060

(2) Select providers of educational and assessment services,	95061
including a quality intervention program panel of case reviewers;	95062

(3) Make referrals to educational and assessment service	95063
providers and approve individual educational programs recommended	95064
by those providers. The board shall monitor the progress of each	95065
individual undertaking a recommended individual educational	95066
program.	95067

(4) Determine what constitutes successful completion of an	95068
individual educational program and require further monitoring of	95069
the individual who completed the program or other action that the	95070
board determines to be appropriate;	95071

(5) Adopt rules in accordance with Chapter 119. of the	95072
Revised Code to further implement the quality intervention	95073
program.	95074

An individual who participates in an individual educational	95075
program pursuant to this division shall pay the financial	95076
obligations arising from that educational program.	95077

Sec. 4731.23. (A)(1)(a) The state medical board shall	95078
designate one or more attorneys at law who have been admitted to	95079
the practice of law, and who are classified as either	95080
administrative law attorney examiners or as administrative law	95081
attorney examiner administrators under the state job	95082
classification plan adopted under section 124.14 of the Revised	95083
Code, as hearing examiners, subject to Chapter 119. of the Revised	95084
Code, to conduct any hearing which the medical board is empowered	95085
to hold or undertake pursuant to Chapter 119. of the Revised Code.	95086

(b) Notwithstanding the requirement of division (A)(1)(a) of	95087
this section that the board designate as a hearing examiner an	95088
attorney who is classified as either an administrative law	95089
attorney examiner or an administrative law attorney examiner	95090
administrator, the board may, subject to ~~controlling board~~	95091
~~approval~~section 127.16 of the Revised Code, enter into a personal	95092
service contract with an attorney admitted to the practice of law	95093
in this state to serve on a temporary basis as a hearing examiner.	95094

(2) The hearing examiner shall hear and consider the oral and	95095
documented evidence introduced by the parties and issue in writing	95096
proposed findings of fact and conclusions of law to the board for	95097
their consideration within thirty days following the close of the	95098
hearing.	95099

(B) The board shall be given copies of the transcript of the	95100
record hearing and all exhibits and documents presented by the	95101
parties at the hearing.	95102

(C) The board shall, upon the favorable vote of three	95103
members, allow the parties or their counsel the opportunity to	95104
present oral arguments on the proposed findings of fact and	95105
conclusions of law of the hearing examiner prior to the board's	95106
final action.	95107

(D) The board shall render a decision and take action within	95108
sixty days following the receipt of the hearing examiner's	95109
proposed findings of fact and conclusions of law or within any	95110
longer period mutually agreed upon by the board and the	95111
certificate holder.	95112

(E) The final decision of the board in any hearing which the	95113
board is empowered to undertake shall be in writing and contain	95114
findings of fact and conclusions of law. Copies of the decision	95115
shall be delivered to the parties personally or by certified mail.	95116
The decision shall be final upon delivery or mailing, except that	95117
the certificate holder may appeal in the manner provided by	95118
Chapter 119. of the Revised Code.	95119

Sec. 4731.299. (A) The state medical board may issue,	95120
without examination, to an applicant who meets all of the	95121
requirements of this section an expedited certificate to practice	95122
medicine and surgery or osteopathic medicine and surgery by	95123
endorsement.	95124

(B) An individual who seeks an expedited certificate to	95125
practice medicine and surgery or osteopathic medicine and surgery	95126
by endorsement shall file with the board a written application on	95127
a form prescribed and supplied by the board. The application shall	95128
include all of the information the board considers necessary to	95129
process it.	95130

(C) To be eligible to receive an expedited certificate by	95131
endorsement, an applicant shall do both of the following:	95132

(1) Provide evidence satisfactory to the board that the	95133
applicant meets all of the following requirements:	95134

(a) Has passed one of the following:

95135

(i) Steps one, two, and three of the United States medical	95136
licensing examination;	95137

(ii) Levels one, two, and three of the comprehensive	95138
osteopathic medical licensing examination of the United States;	95139

(iii) Any other medical licensing examination recognized by	95140
the board.	95141

(b) For at least five years immediately preceding the date of	95142
application, has held a current, unrestricted license to practice	95143
medicine and surgery or osteopathic medicine and surgery issued by	95144
the licensing authority of another state or a Canadian province;	95145

(c) For at least two years immediately preceding the date of	95146
application, has actively practiced medicine and surgery or	95147
osteopathic medicine and surgery in a clinical setting;	95148

(d) Is in compliance with the medical education and training	95149
requirements in sections 4731.091 and 4731.14 of the Revised Code.	95150

(2) Certify to the board that all of the following are the	95151
case:	95152

(a) Not more than two malpractice claims have been filed	95153
against the applicant within a period of ten years and no	95154
malpractice claim against the applicant has resulted in total	95155
payment of more than five hundred thousand dollars.	95156

(b) The applicant does not have a criminal record according	95157
to the criminal records check required by section 4731.081 of the	95158
Revised Code.	95159

(c) The applicant does not have a medical condition that	95160
could affect the applicant's ability to practice according to	95161
acceptable and prevailing standards of care.	95162

(d) No adverse action has been taken against the applicant by	95163
a health care institution.	95164

(e) To the applicant's knowledge, no federal agency, medical	95165
society, medical association, or branch of the United States	95166
military has investigated or taken action against the applicant.	95167

(f) No professional licensing or regulatory authority has	95168
filed a complaint against, investigated, or taken action against	95169
the applicant and the applicant has not withdrawn a professional	95170
license application.	95171

(g) The applicant has not been suspended or expelled from any	95172
institution of higher education or school, including a medical	95173
school.	95174

(D) An applicant for an expedited certificate by endorsement	95175
shall comply with section 4731.081 of the Revised Code.	95176

(E) At the time of application, the applicant shall pay to	95177
the board a fee of one thousand dollars, no part of which shall be	95178
returned. No application shall be considered filed until the board	95179
receives the fee.	95180

(F) The board shall review all applications received under	95181
this section. If the board determines that an applicant meets the	95182
requirements for an expedited certificate to practice medicine and	95183
surgery or osteopathic medicine and surgery by endorsement, the	95184
board shall issue the certificate to the applicant. Each	95185
certificate issued by the board under this section shall be signed	95186
by the president and secretary of the board and attested by its	95187
seal.	95188

(G) Within sixty days after the effective date of this	95189
section, the board shall approve acceptable means of demonstrating	95190
compliance with sections 4731.091 and 4731.14 of the Revised Code	95191
as required by division (C)(1)(d) of this section.	95192

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	95193
Revised Code:	95194

(A)(1) "Clinical laboratory services" means either of the	95195
following:	95196

(a) Any examination of materials derived from the human body	95197
for the purpose of providing information for the diagnosis,	95198
prevention, or treatment of any disease or impairment or for the	95199
assessment of health;	95200

(b) Procedures to determine, measure, or otherwise describe	95201
the presence or absence of various substances or organisms in the	95202
body.	95203

(2) "Clinical laboratory services" does not include the mere	95204
collection or preparation of specimens.	95205

(B) "Designated health services" means any of the following:

95206

(1) Clinical laboratory services;

95207

(2) Home health care services;

95208

(3) Outpatient prescription drugs.

95209

(C) "Fair market value" means the value in arms-length	95210
transactions, consistent with general market value and:	95211

(1) With respect to rentals or leases, the value of rental	95212
property for general commercial purposes, not taking into account	95213
its intended use;	95214

(2) With respect to a lease of space, not adjusted to reflect	95215
the additional value the prospective lessee or lessor would	95216
attribute to the proximity or convenience to the lessor if the	95217
lessor is a potential source of referrals to the lessee.	95218

(D) "Governmental health care program" means any program	95219
providing health care benefits that is administered by the federal	95220
government, this state, or a political subdivision of this state,	95221
including the medicare program ~~established under Title XVIII of~~	95222
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,~~	95223
~~as amended~~, health care coverage for public employees, health care	95224
benefits administered by the bureau of workers' compensation, and	95225
the medicaid program ~~established under Chapter 5111. of the~~	95226
~~Revised Code~~.	95227

(E)(1) "Group practice" means a group of two or more holders	95228
of certificates under this chapter legally organized as a	95229
partnership, professional corporation or association, limited	95230
liability company, foundation, nonprofit corporation, faculty	95231
practice plan, or similar group practice entity, including an	95232
organization comprised of a nonprofit medical clinic that	95233
contracts with a professional corporation or association of	95234
physicians to provide medical services exclusively to patients of	95235
the clinic in order to comply with section 1701.03 of the Revised	95236
Code and including a corporation, limited liability company,	95237
partnership, or professional association described in division (B)	95238
of section 4731.226 of the Revised Code formed for the purpose of	95239
providing a combination of the professional services of	95240
optometrists who are licensed, certificated, or otherwise legally	95241
authorized to practice optometry under Chapter 4725. of the	95242
Revised Code, chiropractors who are licensed, certificated, or	95243
otherwise legally authorized to practice chiropractic or	95244
acupuncture under Chapter 4734. of the Revised Code, psychologists	95245
who are licensed, certificated, or otherwise legally authorized to	95246
practice psychology under Chapter 4732. of the Revised Code,	95247
registered or licensed practical nurses who are licensed,	95248
certificated, or otherwise legally authorized to practice nursing	95249
under Chapter 4723. of the Revised Code, pharmacists who are	95250
licensed, certificated, or otherwise legally authorized to	95251
practice pharmacy under Chapter 4729. of the Revised Code,	95252
physical therapists who are licensed, certificated, or otherwise	95253
legally authorized to practice physical therapy under sections	95254
4755.40 to 4755.56 of the Revised Code, occupational therapists	95255
who are licensed, certificated, or otherwise legally authorized to	95256
practice occupational therapy under sections 4755.04 to 4755.13 of	95257
the Revised Code, mechanotherapists who are licensed,	95258
certificated, or otherwise legally authorized to practice	95259
mechanotherapy under section 4731.151 of the Revised Code, and	95260
doctors of medicine and surgery, osteopathic medicine and surgery,	95261
or podiatric medicine and surgery who are licensed, certificated,	95262
or otherwise legally authorized for their respective practices	95263
under this chapter, to which all of the following apply:	95264

(a) Each physician who is a member of the group practice	95265
provides substantially the full range of services that the	95266
physician routinely provides, including medical care,	95267
consultation, diagnosis, or treatment, through the joint use of	95268
shared office space, facilities, equipment, and personnel.	95269

(b) Substantially all of the services of the members of the	95270
group are provided through the group and are billed in the name of	95271
the group and amounts so received are treated as receipts of the	95272
group.	95273

(c) The overhead expenses of and the income from the practice	95274
are distributed in accordance with methods previously determined	95275
by members of the group.	95276

(d) The group practice meets any other requirements that the	95277
state medical board applies in rules adopted under section 4731.70	95278
of the Revised Code.	95279

(2) In the case of a faculty practice plan associated with a	95280
hospital with a medical residency training program in which	95281
physician members may provide a variety of specialty services and	95282
provide professional services both within and outside the group,	95283
as well as perform other tasks such as research, the criteria in	95284
division (E)(1) of this section apply only with respect to	95285
services rendered within the faculty practice plan.	95286

(F) "Home health care services" and "immediate family" have	95287
the same meanings as in the rules adopted under section 4731.70 of	95288
the Revised Code.	95289

(G) "Hospital" has the same meaning as in section 3727.01 of	95290
the Revised Code.	95291

(H) A "referral" includes both of the following:

95292

(1) A request by a holder of a certificate under this chapter	95293
for an item or service, including a request for a consultation	95294
with another physician and any test or procedure ordered by or to	95295
be performed by or under the supervision of the other physician;	95296

(2) A request for or establishment of a plan of care by a	95297
certificate holder that includes the provision of designated	95298
health services.	95299

(I) "Third-party payer" has the same meaning as in section	95300
3901.38 of the Revised Code.	95301

Sec. 4731.71. The auditor of state may implement procedures	95302
to detect violations of section 4731.66 or 4731.69 of the Revised	95303
Code within governmental health care programs administered by the	95304
state. The auditor of state shall report any violation of either	95305
section to the state medical board and shall certify to the	95306
attorney general in accordance with section 131.02 of the Revised	95307
Code the amount of any refund owed to a state-administered	95308
governmental health care program under section 4731.69 of the	95309
Revised Code as a result of a violation. If a refund is owed to	95310
the medicaid program ~~established under Chapter 5111. of the~~	95311
~~Revised Code~~, the auditor of state also shall report the amount to	95312
the department of ~~job and family services~~medicaid.	95313

The state medical board also may implement procedures to	95314
detect violations of section 4731.66 or 4731.69 of the Revised	95315
Code.	95316

Sec. 4732.06. The principal office of the state board of	95317
psychology shall be in Columbus, but it may meet or conduct	95318
business at any place in this state. The board may empower any one	95319
or more of its members to conduct any proceeding, hearing, or	95320
investigation necessary to its purposes, including the	95321
administration and enforcement of Chapter 4783. of the Revised	95322
Code. The board shall meet at least twice annually and at such	95323
other times as it determines. Special meetings may be called by	95324
the president and shall be called by the secretary upon the	95325
written request of two members.	95326

The board shall make such rules as are necessary to conduct	95327
its business.	95328

The board may employ such assistants and clerical help as are	95329
necessary to administer and enforce this chapter and Chapter 4783.	95330
of the Revised Code.	95331

Sec. 4732.07. The state board of psychology shall keep a	95332
record of its proceedings and a register of applicants for	95333
licenses under this chapter and applicants for certificates under	95334
Chapter 4783. of the Revised Code. The books and records of the	95335
board shall be prima-facie evidence of the matters therein	95336
contained. ~~Such records~~The records regarding licensure	95337
applications shall include applicants' written examination papers.	95338

Sec. 4732.08. All receipts of the state board of psychology	95339
from any source, including moneys collected under Chapter 4783. of	95340
the Revised Code, shall be deposited in the state treasury to the	95341
credit of the occupational licensing and regulatory fund."	95342

Sec. 4734.41. (A) As used in this section:

95343

(1) "Chemical dependency" means either of the following:

95344

(a) The chronic and habitual use of alcoholic beverages to	95345
the extent that the user no longer can control the use of alcohol	95346
or endangers the user's health, safety, or welfare or that of	95347
others;	95348

(b) The use of a controlled substance as defined in section	95349
3719.01 of the Revised Code, a harmful intoxicant as defined in	95350
section 2925.01 of the Revised Code, or a dangerous drug as	95351
defined in section 4729.01 of the Revised Code, to the extent that	95352
the user becomes physically or psychologically dependent on the	95353
substance, intoxicant, or drug or endangers the user's health,	95354
safety, or welfare or that of others.	95355

(2) "Mental illness" means a recognized psychiatric or	95356
psychological condition, disorder, or syndrome that has been	95357
diagnosed by a psychiatrist, psychologist, professional clinical	95358
counselor, or independent social worker as a condition, disorder,	95359
or syndrome that may pose a danger to the person diagnosed or	95360
others or may prevent the person from practicing the person's	95361
profession according to acceptable and prevailing standards of	95362
care.	95363

(B) The state chiropractic board shall establish a chemical	95364
dependency and mental illness monitoring program. The program	95365
shall be made available to any individual under the board's	95366
jurisdiction who has a chemical dependency or mental illness and	95367
meets the board's eligibility requirements for admission to and	95368
continued participation in the program. The board shall develop	95369
the program and may designate a coordinator to administer it or	95370
enter into a contract for the program to be administered by	95371
another entity through a coordinator. The board shall adopt rules	95372
in accordance with Chapter 119. of the Revised Code that establish	95373
standards and procedure for operating the program.	95374

(C) Except as provided in division (D) of this section, all	95375
records of an individual's participation in the monitoring	95376
program, including medical records, chemical dependency records,	95377
and mental health records, shall be confidential, are not public	95378
records for the purposes of section 149.43 of the Revised Code,	95379
and are not subject to discovery by subpoena or ~~admissble~~	95380
admissible as evidence in any judicial proceeding. The program	95381
coordinator shall maintain all records as directed by the board.	95382

(D) The monitoring program's coordinator may disclose records	95383
or information regarding an individual's progress and status of	95384
participation in the program to the disciplinary section of the	95385
board and to any person or government entity that the program	95386
participant authorizes in writing to be given the records or	95387
information.	95388

In disclosing records or information under this division, the	95389
coordinator shall not include any record or information that is	95390
protected under section ~~3793.13~~5119.27 of the Revised Code or any	95391
federal statute or regulation that provides for the	95392
confidentiality of mental health or substance abuse records.	95393

(E) In the absence of fraud or bad faith, the monitoring	95394
program's coordinator, the board and the board's employees and	95395
representatives are not liable for damages in any civil action as	95396
a result of disclosing records or information in accordance with	95397
division (D) of this section. In the absence of fraud or bad	95398
faith, any person reporting to the program an individual's	95399
chemical dependency or mental illness, or the progress or lack of	95400
progress of that individual with regard to treatment, is not	95401
liable for damages in any civil action as a result of the report.	95402

(F) The board may abstain from taking formal disciplinary	95403
action under section 4734.31 of the Revised Code against an	95404
individual because of the individual's chemical dependency or	95405
mental illness, if the individual meets the eligibility	95406
requirements for admission into the monitoring program and all of	95407
the following occur:	95408

(1) The individual enters into a monitoring agreement with	95409
the coordinator of the program;	95410

(2) The individual complies with the terms and conditions for	95411
continued participation in the program, as specified in the	95412
monitoring agreement;	95413

(3) The individual successfully completes the terms and	95414
conditions of the monitoring agreement, including the condition	95415
that the individual attain the ability to practice in accordance	95416
with acceptable and prevailing standards of care applicable to the	95417
practice of chiropractic.	95418

Sec. 4735.07. (A) The superintendent of real estate, with	95419
the consent of the Ohio real estate commission, may enter into	95420
agreements with recognized national testing services to administer	95421
the real estate broker's examination under the superintendent's	95422
supervision and control, consistent with the requirements of this	95423
chapter as to the contents of such examination.	95424

(B) No applicant for a real estate broker's license shall	95425
take the broker's examination who has not established to the	95426
satisfaction of the superintendent that the applicant:	95427

(1) Is honest, truthful, and of good reputation;

95428

(2)(a) Has not been convicted of a felony or crime of moral	95429
turpitude, or if the applicant has been so convicted, the	95430
superintendent has disregarded the conviction because the	95431
applicant has proven to the superintendent, by a preponderance of	95432
the evidence, that the applicant's activities and employment	95433
record since the conviction show that the applicant is honest,	95434
truthful, and of good reputation, and there is no basis in fact	95435
for believing that the applicant again will violate the laws	95436
involved;	95437

(b) Has not been finally adjudged by a court to have violated	95438
any municipal, state, or federal civil rights laws relevant to the	95439
protection of purchasers or sellers of real estate or, if the	95440
applicant has been so adjudged, at least two years have passed	95441
since the court decision and the superintendent has disregarded	95442
the adjudication because the applicant has proven, by a	95443
preponderance of the evidence, that the applicant's activities and	95444
employment record since the adjudication show that the applicant	95445
is honest, truthful, and of good reputation, and there is no basis	95446
in fact for believing that the applicant will again violate the	95447
laws involved.	95448

(3) Has not, during any period in which the applicant was	95449
licensed under this chapter, violated any provision of, or any	95450
rule adopted pursuant to, this chapter, or, if the applicant has	95451
violated any such provision or rule, has established to the	95452
satisfaction of the superintendent that the applicant will not	95453
again violate such provision or rule;	95454

(4) Is at least eighteen years of age;

95455

(5) Has been a licensed real estate broker or salesperson for	95456
at least two years; during at least two of the five years	95457
preceding the person's application, has worked as a licensed real	95458
estate broker or salesperson for an average of at least thirty	95459
hours per week; and has completed one of the following:	95460

(a) At least twenty real estate transactions, in which	95461
property was sold for another by the applicant while acting in the	95462
capacity of a real estate broker or salesperson;	95463

(b) Such equivalent experience as is defined by rules adopted	95464
by the commission.	95465

(6)(a) If licensed as a real estate salesperson prior to	95466
August 1, 2001, successfully has completed at an institution of	95467
higher education all of the following:	95468

(i) Thirty hours of classroom instruction in real estate	95469
practice;	95470

(ii) Thirty hours of classroom instruction that includes the	95471
subjects of Ohio real estate law, municipal, state, and federal	95472
civil rights law, new case law on housing discrimination,	95473
desegregation issues, and methods of eliminating the effects of	95474
prior discrimination. If feasible, the classroom instruction in	95475
Ohio real estate law shall be taught by a member of the faculty of	95476
an accredited law school. If feasible, the classroom instruction	95477
in municipal, state, and federal civil rights law, new case law on	95478
housing discrimination, desegregation issues, and methods of	95479
eliminating the effects of prior discrimination shall be taught by	95480
a staff member of the Ohio civil rights commission who is	95481
knowledgeable with respect to those subjects. The requirements of	95482
this division do not apply to an applicant who is admitted to	95483
practice before the supreme court.	95484

(iii) Thirty hours of classroom instruction in real estate	95485
appraisal;	95486

(iv) Thirty hours of classroom instruction in real estate	95487
finance;	95488

(v) Three quarter hours, or its equivalent in semester hours,	95489
in financial management;	95490

(vi) Three quarter hours, or its equivalent in semester	95491
hours, in human resource or personnel management;	95492

(vii) Three quarter hours, or its equivalent in semester	95493
hours, in applied business economics;	95494

(viii) Three quarter hours, or its equivalent in semester	95495
hours, in business law.	95496

(b) If licensed as a real estate salesperson on or after	95497
August 1, 2001, successfully has completed at an institution of	95498
higher education all of the following:	95499

(i) Forty hours of classroom instruction in real estate	95500
practice;	95501

(ii) Forty hours of classroom instruction that includes the	95502
subjects of Ohio real estate law, municipal, state, and federal	95503
civil rights law, new case law on housing discrimination,	95504
desegregation issues, and methods of eliminating the effects of	95505
prior discrimination. If feasible, the classroom instruction in	95506
Ohio real estate law shall be taught by a member of the faculty of	95507
an accredited law school. If feasible, the classroom instruction	95508
in municipal, state, and federal civil rights law, new case law on	95509
housing discrimination, desegregation issues, and methods of	95510
eliminating the effects of prior discrimination shall be taught by	95511
a staff member of the Ohio civil rights commission who is	95512
knowledgeable with respect to those subjects. The requirements of	95513
this division do not apply to an applicant who is admitted to	95514
practice before the supreme court.	95515

(iii) Twenty hours of classroom instruction in real estate	95516
appraisal;	95517

(iv) Twenty hours of classroom instruction in real estate	95518
finance;	95519

(v) The training in the amount of hours specified under	95520
divisions (B)(6)(a)(v), (vi), (vii), and (viii) of this section.	95521

(c) Division (B)(6)(a) or (b) of this section does not apply	95522
to any applicant who holds a valid real estate salesperson's	95523
license issued prior to January 2, 1972. Divisions (B)(6)(a)(v),	95524
(vi), (vii), and (viii) or division (B)(6)(b)(v) of this section	95525
do not apply to any applicant who holds a valid real estate	95526
salesperson's license issued prior to January 3, 1984.	95527

(d) Divisions (B)(6)(a)(iii) and (B)(6)(b)(iii) of this	95528
section do not apply to any new applicant who holds a valid Ohio	95529
real estate appraiser license or certificate issued prior to the	95530
date of application for a real estate broker's license.	95531

(7) If licensed as a real estate salesperson on or after	95532
January 3, 1984, satisfactorily has completed a minimum of two	95533
years of post-secondary education, or its equivalent in semester	95534
or quarter hours, at an institution of higher education, and has	95535
fulfilled the requirements of division (B)(6)(a) or (b) of this	95536
section. The requirements of division (B)(6)(a) or (b) of this	95537
section may be included in the two years of post-secondary	95538
education, or its equivalent in semester or quarter hours, that is	95539
required by this division.	95540

(C) Each applicant for a broker's license shall be examined	95541
in the principles of real estate practice, Ohio real estate law,	95542
and financing and appraisal, and as to the duties of real estate	95543
brokers and real estate salespersons, the applicant's knowledge of	95544
real estate transactions and instruments relating to them, and the	95545
canons of business ethics pertaining to them. The commission from	95546
time to time shall promulgate such canons and cause them to be	95547
published in printed form.	95548

(D) Examinations shall be administered with reasonable	95549
accommodations in accordance with the requirements of the	95550
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	95551
U.S.C. 12101. The contents of an examination shall be consistent	95552
with the requirements of division (B)(6) of this section and with	95553
the other specific requirements of this section. An applicant who	95554
has completed the requirements of division (B)(6) of this section	95555
at the time of application shall be examined no later than twelve	95556
months after the applicant is notified of admission to the	95557
examination.	95558

(E) The superintendent may waive one or more of the	95559
requirements of this section in the case of an application from a	95560
nonresident real estate broker pursuant to a reciprocity agreement	95561
with the licensing authority of the state from which the	95562
nonresident applicant holds a valid real estate broker license.	95563

(F) There shall be no limit placed on the number of times an	95564
applicant may retake the examination.	95565

(G)(1) Not earlier than the date of issue of a real estate	95566
broker's license to a licensee, but not later than twelve months	95567
after the date of issue of a real estate broker's license to a	95568
licensee, the licensee shall submit proof satisfactory to the	95569
superintendent, on forms made available by the superintendent, of	95570
the completion of ten hours of classroom instruction that shall be	95571
completed in schools, seminars, and educational institutions that	95572
are approved by the commission. Approval of the curriculum and	95573
providers shall be granted according to rules adopted pursuant to	95574
section 4735.10 of the Revised Code.	95575

If the required proof of completion is not submitted to the	95576
superintendent within twelve months of the date a license is	95577
issued under this section, the license of the real estate broker	95578
is suspended automatically without the taking of any action by the	95579
superintendent. The broker's license shall not be reactivated by	95580
the superintendent until it is established, to the satisfaction of	95581
the superintendent, that the requirements of this division have	95582
been met and that the licensee is in compliance with this chapter.	95583
A licensee's license is revoked automatically without the taking	95584
of any action by the superintendent if the licensee fails to	95585
submit proof of completion of the education requirements specified	95586
under division (G)(1) of this section within twelve months of the	95587
date the license is suspended.	95588

(2) If the license of a real estate broker is suspended	95589
pursuant to division (G)(1) of this section, the license of a real	95590
estate salesperson associated with that broker correspondingly is	95591
suspended pursuant to division (H) of section 4735.20 of the	95592
Revised Code. However, the suspended license of the associated	95593
real estate salesperson shall be reactivated and no fee shall be	95594
charged or collected for that reactivation if all of the following	95595
occur:	95596

(a) That broker subsequently submits satisfactory proof to	95597
the superintendent that the broker has complied with the	95598
requirements of division (G)(1) of this section and requests that	95599
the broker's license as a real estate broker be reactivated;	95600

(b) The superintendent then reactivates the broker's license	95601
as a real estate broker;	95602

(c) The associated real estate salesperson intends to	95603
continue to be associated with that broker and otherwise is in	95604
compliance with this chapter.	95605

Sec. 4735.09. (A) Application for a license as a real estate	95606
salesperson shall be made to the superintendent of real estate on	95607
forms furnished by the superintendent and signed by the applicant.	95608
The application shall be in the form prescribed by the	95609
superintendent and shall contain such information as is required	95610
by this chapter and the rules of the Ohio real estate commission.	95611
The application shall be accompanied by the recommendation of the	95612
real estate broker with whom the applicant is associated or with	95613
whom the applicant intends to be associated, certifying that the	95614
applicant is honest, truthful, and of good reputation, has not	95615
been convicted of a felony or a crime involving moral turpitude,	95616
and has not been finally adjudged by a court to have violated any	95617
municipal, state, or federal civil rights laws relevant to the	95618
protection of purchasers or sellers of real estate, which	95619
conviction or adjudication the applicant has not disclosed to the	95620
superintendent, and recommending that the applicant be admitted to	95621
the real estate salesperson examination.	95622

(B) A fee of sixty dollars shall accompany the application,	95623
which fee includes the fee for the initial year of the licensing	95624
period, if a license is issued. The initial year of the licensing	95625
period commences at the time the license is issued and ends on the	95626
applicant's first birthday thereafter. The application fee shall	95627
be nonrefundable. A fee of sixty dollars shall be charged by the	95628
superintendent for each successive application made by the	95629
applicant. One dollar of each application fee shall be credited to	95630
the real estate education and research fund.	95631

(C) There shall be no limit placed on the number of times an	95632
applicant may retake the examination.	95633

(D) The superintendent, with the consent of the commission,	95634
may enter into an agreement with a recognized national testing	95635
service to administer the real estate salesperson's examination	95636
under the superintendent's supervision and control, consistent	95637
with the requirements of this chapter as to the contents of the	95638
examination.	95639

If the superintendent, with the consent of the commission,	95640
enters into an agreement with a national testing service to	95641
administer the real estate salesperson's examination, the	95642
superintendent may require an applicant to pay the testing	95643
service's examination fee directly to the testing service. If the	95644
superintendent requires the payment of the examination fee	95645
directly to the testing service, each applicant shall submit to	95646
the superintendent a processing fee in an amount determined by the	95647
Ohio real estate commission pursuant to division (A)(1) of section	95648
4735.10 of the Revised Code.	95649

(E) The superintendent shall issue a real estate	95650
salesperson's license when satisfied that the applicant has	95651
received a passing score on each portion of the salesperson's	95652
examination as determined by rule by the real estate commission,	95653
except that the superintendent may waive one or more of the	95654
requirements of this section in the case of an applicant who is a	95655
licensed real estate salesperson in another state pursuant to a	95656
reciprocity agreement with the licensing authority of the state	95657
from which the applicant holds a valid real estate salesperson's	95658
license.	95659

(F) No applicant for a salesperson's license shall take the	95660
salesperson's examination who has not established to the	95661
satisfaction of the superintendent that the applicant:	95662

(1) Is honest, truthful, and of good reputation;

95663

(2)(a) Has not been convicted of a felony or crime of moral	95664
turpitude or, if the applicant has been so convicted, the	95665
superintendent has disregarded the conviction because the	95666
applicant has proven to the superintendent, by a preponderance of	95667
the evidence, that the applicant's activities and employment	95668
record since the conviction show that the applicant is honest,	95669
truthful, and of good reputation, and there is no basis in fact	95670
for believing that the applicant again will violate the laws	95671
involved;	95672

(b) Has not been finally adjudged by a court to have violated	95673
any municipal, state, or federal civil rights laws relevant to the	95674
protection of purchasers or sellers of real estate or, if the	95675
applicant has been so adjudged, at least two years have passed	95676
since the court decision and the superintendent has disregarded	95677
the adjudication because the applicant has proven, by a	95678
preponderance of the evidence, that the applicant is honest,	95679
truthful, and of good reputation, and there is no basis in fact	95680
for believing that the applicant again will violate the laws	95681
involved.	95682

(3) Has not, during any period in which the applicant was	95683
licensed under this chapter, violated any provision of, or any	95684
rule adopted pursuant to this chapter, or, if the applicant has	95685
violated such provision or rule, has established to the	95686
satisfaction of the superintendent that the applicant will not	95687
again violate such provision or rule;	95688

(4) Is at least eighteen years of age;

95689

(5) If born after the year 1950, has a high school diploma or	95690
its equivalent as recognized by the state department of education;	95691

(6) Has successfully completed at an institution of higher	95692
education all of the following:	95693

(a) Forty hours of classroom instruction in real estate	95694
practice;	95695

(b) Forty hours of classroom instruction that includes the	95696
subjects of Ohio real estate law, municipal, state, and federal	95697
civil rights law, new case law on housing discrimination,	95698
desegregation issues, and methods of eliminating the effects of	95699
prior discrimination. If feasible, the classroom instruction in	95700
Ohio real estate law shall be taught by a member of the faculty of	95701
an accredited law school. If feasible, the classroom instruction	95702
in municipal, state, and federal civil rights law, new case law on	95703
housing discrimination, desegregation issues, and methods of	95704
eliminating the effects of prior discrimination shall be taught by	95705
a staff member of the Ohio civil rights commission who is	95706
knowledgeable with respect to those subjects. The requirements of	95707
this division do not apply to an applicant who is admitted to	95708
practice before the supreme court.	95709

(c) Twenty hours of classroom instruction in real estate	95710
appraisal;	95711

(d) Twenty hours of classroom instruction in real estate	95712
finance.	95713

(G) Division (F)(6)(c) of this section does not apply to any	95714
new applicant who holds a valid Ohio real estate appraiser license	95715
or certificate issued prior to the date of application for a real	95716
estate salesperson's license.	95717

(H) Any person who has not been licensed as a real estate	95718
salesperson or broker within a four-year period immediately	95719
preceding the person's current application for the salesperson's	95720
examination shall have successfully completed the prelicensure	95721
classroom instruction required by division (F)(6) of this section	95722
within a ten-year period immediately preceding the person's	95723
current application for the salesperson's examination.	95724

~~(H)~~(I) Not earlier than the date of issue of a real estate	95725
salesperson's license to a licensee, but not later than twelve	95726
months after the date of issue of a real estate salesperson	95727
license to a licensee, the licensee shall submit proof	95728
satisfactory to the superintendent, on forms made available by the	95729
superintendent, of the completion of ten hours of classroom	95730
instruction that shall be completed in schools, seminars, and	95731
educational institutions approved by the commission. Approval of	95732
the curriculum and providers shall be granted according to rules	95733
adopted pursuant to section 4735.10 of the Revised Code.	95734

If proof of completion of the required instruction is not	95735
submitted within twelve months of the date a license is issued	95736
under this section, the licensee's license is suspended	95737
automatically without the taking of any action by the	95738
superintendent. The superintendent immediately shall notify the	95739
broker with whom such salesperson is associated of the suspension	95740
of the salesperson's license. A salesperson whose license has been	95741
suspended under this division shall have twelve months after the	95742
date of the suspension of the salesperson's license to submit	95743
proof of successful completion of the instruction required under	95744
this division. No such license shall be reactivated by the	95745
superintendent until it is established, to the satisfaction of the	95746
superintendent, that the requirements of this division have been	95747
met and that the licensee is in compliance with this chapter. A	95748
licensee's license is revoked automatically without the taking of	95749
any action by the superintendent when the licensee fails to submit	95750
the required proof of completion of the education requirements	95751
under division ~~(H)~~(I) of this section within twelve months of the	95752
date the license is suspended.	95753

~~(I)~~(J) Examinations shall be administered with reasonable	95754
accommodations in accordance with the requirements of the	95755
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	95756
U.S.C. 12189. The contents of an examination shall be consistent	95757
with the classroom instructional requirements of division (F)(6)	95758
of this section. An applicant who has completed the classroom	95759
instructional requirements of division (F)(6) of this section at	95760
the time of application shall be examined no later than twelve	95761
months after the applicant is notified of the applicant's	95762
admission to the examination.	95763

Sec. 4735.10. (A)(1) The Ohio real estate commission may	95764
adopt reasonable rules in accordance with Chapter 119. of the	95765
Revised Code, necessary for implementing the provisions of this	95766
chapter relating, but not limited to, the following:	95767

(a) The form and manner of filing applications for licensure;

95768

(b) Times and form of examination for license;

95769

(c) Placing an existing broker's license on deposit or a	95770
salesperson's license on an inactive status for an indefinite	95771
period;	95772

(d) Specifying the process by which a licensee may resign the	95773
licensee's license;	95774

(e) Defining any additional license status that the	95775
commission determines is necessary and that is not otherwise	95776
defined in this chapter and establishing the process by which a	95777
licensee places the licensee's license in a status defined by the	95778
commission in the rules the commission adopts;	95779

(f) Clarification of the activities that require a license	95780
under this chapter.	95781

(2) The commission shall adopt reasonable rules in accordance	95782
with Chapter 119. of the Revised Code, for implementing the	95783
provisions of this chapter relating to the following:	95784

(a) The issuance, renewal, suspension, and revocation of	95785
licenses, other sanctions that may be imposed for violations of	95786
this chapter, the conduct of hearings related to these actions,	95787
and the process of reactivating a license;	95788

(b) A three-year license and a three-year license renewal	95789
system;	95790

(c) Standards for the approval of the ten-hour postlicensure	95791
courses as required by division (G) of section 4735.07 and	95792
division ~~(H)~~(I) of section 4735.09 of the Revised Code, courses of	95793
study required for licenses, courses offered in preparation for	95794
license examinations, or courses required as continuing education	95795
for licenses.	95796

(d) Guidelines to ensure that continuing education classes	95797
are open to all persons licensed under this chapter. The rules	95798
shall specify that an organization that sponsors a continuing	95799
education class may offer its members a reasonable reduction in	95800
the fees charged for the class.	95801

(e) Requirements for trust accounts and property management	95802
accounts. The rules shall specify that:	95803

(i) Brokerages engaged in the management of property for	95804
another may, pursuant to a written contract with the property	95805
owner, exercise signatory authority for withdrawals from property	95806
management accounts maintained in the name of the property owner.	95807
The exercise of authority for withdrawals does not constitute a	95808
violation of any provision of division (A) of section 4735.18 of	95809
the Revised Code.	95810

(ii) The interest earned on property management trust	95811
accounts maintained in the name of the property owner or the	95812
broker shall be payable to the property owner unless otherwise	95813
specified in a written contract.	95814

(f) Notice of renewal forms and filing deadlines;

95815

(g) Special assessments under division (A) of section 4735.12	95816
of the Revised Code.	95817

(B) The commission may adopt rules in accordance with Chapter	95818
119. of the Revised Code establishing standards and guidelines	95819
with which the superintendent of real estate shall comply in the	95820
exercise of the following powers:	95821

(1) Appointment and recommendation of ancillary trustees	95822
under section 4735.05 of the Revised Code;	95823

(2) Rejection of names proposed to be used by partnerships,	95824
associations, limited liability companies, limited liability	95825
partnerships, and corporations, under division (A) of section	95826
4735.06 of the Revised Code;	95827

(3) Acceptance and rejection of applications to take the	95828
broker and salesperson examinations and licensure, with	95829
appropriate waivers pursuant to division (E) of section 4735.07	95830
and section 4735.09 of the Revised Code;	95831

(4) Approval of applications of brokers to place their	95832
licenses in an inactive status and to become salespersons under	95833
section 4735.13 of the Revised Code;	95834

(5) Appointment of hearing examiners under section 119.09 of	95835
the Revised Code;	95836

(6) Acceptance and rejection of applications to take the	95837
foreign real estate dealer and salesperson examinations and	95838
licensure, with waiver of examination, under sections 4735.27 and	95839
4735.28 of the Revised Code;	95840

(7) Qualification of foreign real estate under section	95841
4735.25 of the Revised Code.	95842

If at any time there is no rule in effect establishing a	95843
guideline or standard required by this division, the	95844
superintendent may adopt a rule in accordance with Chapter 119. of	95845
the Revised Code for such purpose.	95846

(C) The commission or superintendent may hear testimony in	95847
matters relating to the duties imposed upon them, and the	95848
president of the commission and superintendent may administer	95849
oaths. The commission or superintendent may require other proof of	95850
the honesty, truthfulness, and good reputation of any person named	95851
in an application for a real estate broker's or real estate	95852
salesperson's license before admitting the applicant to the	95853
examination or issuing a license.	95854

Sec. 4735.142. (A) Any person licensed under section 4735.07	95855
or 4735.09 of the Revised Code, at any time prior to the date the	95856
licensee is required to file a notice of renewal pursuant to	95857
division (B) of section 4735.14 of the Revised Code may apply to	95858
the superintendent of real estate and professional licensing to	95859
place the licensee's license in a permanently resigned status.	95860

(B) A licensee, at any time during which a license has been	95861
suspended pursuant to division (G) of section 4735.07, division	95862
~~(H)~~(I) of section 4735.09, division (E) of section 4735.12,	95863
division (C) of section 4735.14, division (C) of section 4735.141,	95864
or section 4735.182 of the Revised Code, may apply to the	95865
superintendent on a form prescribed by the superintendent to	95866
permanently resign the licensee's license voluntarily. The	95867
resignation of a license is considered to be final without the	95868
taking of any action by the superintendent.	95869

(C) If a person whose license is in a permanently resigned	95870
status pursuant to a request made under this section wishes to	95871
obtain an active or inactive license, the person shall apply for	95872
such a license in accordance with the requirements specified in	95873
section 4735.07 or 4735.09 of the Revised Code, as applicable, or	95874
in the rules adopted by the commission pursuant to division (A) of	95875
section 4735.10 of the Revised Code.	95876

(D) If placing a broker's license in a permanently resigned	95877
status will result in the closure of the broker's brokerage, the	95878
broker, within three days after applying to the superintendent to	95879
place the license in a permanently resigned status, shall provide	95880
to each salesperson associated with that broker a written notice	95881
stating that fact.	95882

(E) This section does not apply to any licensee whose license	95883
has been suspended pursuant to division (F) of section 4735.181 of	95884
the Revised Code or due to disciplinary action ordered by the	95885
commission pursuant to section 4735.051 of the Revised Code.	95886

Sec. 4735.56. (A) Each brokerage shall develop a written	95887
brokerage policy on agency to be given to prospective sellers and	95888
purchasers in accordance with divisions (C) and (D) of this	95889
section.	95890

(B) The brokerage policy on agency described in division (A)	95891
of this section shall include all of the following information:	95892

(1) An explanation of the permissible agency relationships	95893
available under section 4735.53 of the Revised Code and the duties	95894
that the agent owes the agent's client;	95895

(2) The brokerage's policy on representation of purchasers or	95896
sellers;	95897

(3) Whether at some time during the agency relationship the	95898
brokerage and its licensee may act as a dual agent, and the	95899
options and consequences for the client if a dual agency situation	95900
arises including the right of the client to terminate the agency	95901
relationship and seek representation from another source;	95902

(4) Whether at some time during the agency relationship,	95903
another licensee affiliated with the same brokerage as the	95904
licensee may become the exclusive agent for the other party in the	95905
transaction and whether each licensee will represent only the	95906
interests of that licensee's client;	95907

(5) The brokerage's policy on cooperation with other	95908
brokerages, including whether the brokerage offers compensation to	95909
other brokerages or will seek compensation from other brokerages;	95910

(6) That a brokerage that has a purchaser as a client	95911
represents the purchaser's interests even though the seller's	95912
agent or the seller may compensate that purchaser's brokerage;	95913

(7) That the signature of the purchaser or the seller	95914
indicates acknowledgement of receipt of the brokerage policy on	95915
agency.	95916

(C) A licensee acting as a seller's agent shall provide the	95917
seller with the brokerage policy on agency described in this	95918
section prior to marketing or showing the seller's real estate and	95919
shall obtain a signature from the seller acknowledging receipt	95920
unless the seller refuses to provide a signature. If the seller	95921
refuses to provide a signature, the licensee shall note this on	95922
the policy.	95923

(D) A licensee working directly with a purchaser in a real	95924
estate transaction, whether as the purchaser's agent, the seller's	95925
agent, or the seller's subagent, shall provide the purchaser with	95926
the brokerage policy on agency described in this section and	95927
obtain a signature from the purchaser acknowledging receipt of the	95928
policy unless the purchaser refuses to provide a signature. If the	95929
purchaser refuses to provide a signature, the licensee shall note	95930
this on the policy. Except as provided in division (E) of this	95931
section, the licensee shall provide the brokerage policy on agency	95932
to a purchaser prior to the earliest of the following actions of	95933
the licensee:	95934

(1) Initiating a prequalification evaluation to determine	95935
whether the purchaser has the financial ability to purchase or	95936
lease a particular real estate property;	95937

(2) Requesting specific financial information from the	95938
purchaser to determine the purchaser's ability to purchase or	95939
finance real estate in a particular price range;	95940

(3) Showing the real estate to the purchaser other than at an	95941
open house;	95942

(4) Discussing, with the purchaser, the making of an offer to	95943
purchase or lease real estate;	95944

(5) Submitting an offer to purchase or lease real estate on	95945
behalf of the purchaser.	95946

(E) If the earliest event described in division (D) of this	95947
section is by telephone or electronic mail, the licensee shall	95948
disclose by that same medium the nature of the agency relationship	95949
that the licensee has with both the seller and the purchaser. The	95950
licensee shall provide the purchaser with the brokerage policy on	95951
agency described in this section at the first meeting with the	95952
purchaser following this disclosure of the agency relationship.	95953

(F) A licensee acting as a seller's agent is not required to	95954
provide a purchaser with the brokerage policy on agency described	95955
in this section except in the case of an event described in	95956
division (D) of this section.	95957

(G) The requirements of this section regarding provision of a	95958
brokerage policy on agency ~~do not~~ apply only in ~~any of~~ the	95959
following situations:	95960

(1) The sale or lease of vacant land;

95961

(2) The sale of a parcel of real estate containing one to	95962
four residential units;	95963

(3) The ~~rental or~~ leasing of residential premises as defined	95964
in section 5321.01 of the Revised Code, if the rental or lease	95965
agreement ~~can be performed in~~is for a term of more than eighteen	95966
months ~~or less;~~	95967

~~(2) The referral of a prospective purchaser or seller to~~	95968
~~another licensee;~~	95969

~~(3) Transactions involving the sale, lease, or exchange of~~	95970
~~foreign real estate as defined in division (E) of section 4735.01~~	95971
~~of the Revised Code;~~	95972

~~(4) Transactions involving the sale of a cemetery lot or a~~	95973
~~cemetery interment right~~.	95974

Sec. 4742.01. As used in this chapter:

95975

(A) "Emergency service provider" has the same meaning as in	95976
section ~~5507.01~~128.01 of the Revised Code.	95977

(B) "Emergency service telecommunicator" means an individual	95978
employed by an emergency service provider, whose primary	95979
responsibility is to be an operator for the receipt or processing	95980
of calls for emergency services made by telephone, radio, or other	95981
electronic means.	95982

Sec. 4751.01. As used in sections 4751.01 to ~~4751.11~~4751.13	95983
of the Revised Code:	95984

(A) "Long-term services and supports settings" means any	95985
institutional or community-based setting in which medical, health,	95986
psycho-social, habilitative, rehabilitative, or personal care	95987
services are provided to individuals on a post-acute care basis.	95988

(B) "Nursing home administrator" means any individual	95989
responsible for planning, organizing, directing, and managing the	95990
operation of a nursing home, or who in fact performs such	95991
function, whether or not such functions and duties are shared by	95992
one or more other persons.	95993

~~(B)~~(C) "Nursing home" means a nursing home as defined by or	95994
under the authority of section 3721.01 of the Revised Code, or a	95995
nursing home operated by a governmental agency.	95996

~~(C)~~(D) "Temporary license" means a license for a period not	95997
to exceed one hundred eighty days issued pursuant to division (B)	95998
of section 4751.06 of the Revised Code.	95999

~~(D)~~(E) "Valid license" means a license which is current and	96000
in good standing.	96001

Sec. 4751.02. (A) No person shall operate a nursing home	96002
unless it is under the supervision of an administrator whose	96003
principal occupation is nursing home administration or hospital	96004
administration and who holds a valid nursing home administrator's	96005
license and registration, or a temporary license, issued pursuant	96006
to Chapter 4751. of the Revised Code.	96007

(B) No person other than a licensed and registered nursing	96008
home administrator or person holding a temporary license as	96009
required by Chapter 4751. of the Revised Code shall practice or	96010
offer to practice nursing home administration in this state. All	96011
nursing home administrators and temporary licensees shall comply	96012
with Chapter 4751. of the Revised Code and the regulations adopted	96013
thereunder.	96014

(C) Every operator of a nursing home shall report to the	96015
board of ~~examiners~~executives of ~~nursing home administrators~~	96016
long-term services and supports the name and license number of	96017
each nursing home administrator for said home within ten days	96018
after the operator engages a nursing home administrator, and	96019
within ten days after a nursing home administrator is no longer	96020
engaged as such by such operator for said home.	96021

(D) Each individual who holds a nursing home administrator	96022
license or temporary license shall report ~~his~~the individual's	96023
residence mailing address and the name and address of each place	96024
of employment to the board within ten days after any change.	96025

Sec. 4751.03. (A) There is hereby established in the	96026
department of ~~health~~aging a board of ~~examiners~~executives of	96027
~~nursing home administrators~~long-term services and supports, which	96028
board shall be composed of ~~nine~~the following eleven members,	96029
~~eight of whom shall be representative of the professions and~~	96030
~~institutions concerned with care and treatment of chronically ill~~	96031
~~or infirm aged patients, and one of whom shall be a public member~~	96032
~~at least sixty years of age, provided that less than a majority of~~	96033
~~the board members shall be representative of a single profession~~	96034
~~or institutional category, and provided further that a person~~	96035
~~appointed as a noninstitutional member shall neither have nor~~	96036
~~acquire any direct financial interest in a nursing home. For~~	96037
~~purposes of this section, nursing home administrators are~~	96038
~~considered representatives of institutions.~~	96039

~~Four members shall be nursing home administrators, owners of~~	96040
~~nursing homes or an officer of a corporation owning a nursing~~	96041
~~home. The director of health or his designated representative~~	96042
~~shall be a member. All~~:	96043

(1) Four members who are nursing home administrators, owners	96044
of nursing homes, or officers of corporations owning nursing	96045
homes, and who shall have an understanding of person-centered	96046
care, and experience with a range of long-term services and	96047
supports settings;	96048

(2)(a) Three members who work in long-term services and	96049
supports settings that are not nursing homes, and who shall have	96050
an understanding of person-centered care, and experience with a	96051
range of long-term services and supports settings;	96052

(b) At least one of the members described in division	96053
(A)(2)(a) of this section shall be a home health administrator, an	96054
owner of a home health agency, or an officer of a home health	96055
agency.	96056

(3) One member who is a member of the academic community;

96057

(4) One member who is a consumer of services offered in a	96058
long-term services and supports setting;	96059

(5) One member who is a representative of the department of	96060
health, designated by the director of health, who is involved in	96061
the nursing home survey and certification process;	96062

(6) One member who is a representative of the office of the	96063
state long-term care ombudsman, designated by the state long-term	96064
care ombudsman.	96065

All members of the board shall be citizens of the United	96066
States and residents of this state. No member of the board who is	96067
appointed under divisions (A)(3) to (6) of this section may have	96068
or acquire any direct financial interest in a nursing home or	96069
long-term services and supports settings.	96070

(B) The term of office for each appointed member of the board	96071
shall be for three years, commencing on the twenty-eighth day of	96072
May and ending on the twenty-seventh day of May. Each member shall	96073
serve from the date of ~~his~~ appointment until the end of the term	96074
for which ~~he was~~ appointed. No member shall serve more than two	96075
consecutive full terms.	96076

(C) Appointments to the board shall be made by the governor.	96077
Any member appointed to fill a vacancy occurring prior to the	96078
expiration of the term for which ~~his~~the member's predecessor was	96079
appointed shall hold office for the remainder of such term. Any	96080
appointed member shall continue in office subsequent to the	96081
expiration date of ~~his~~the member's term until ~~his~~the member's	96082
successor takes office, or until a period of sixty days has	96083
elapsed, whichever occurs first.	96084

(D) The governor may remove any member of the board for	96085
misconduct, incapacity, incompetence, or neglect of duty after the	96086
member so charged has been served with a written statement of	96087
charges and has been given an opportunity to be heard.	96088

(E) Each member of the board, except the member designated by	96089
the director of health ~~or his~~and the member designated	96090
~~representative~~by the ombudsman, shall be paid in accordance with	96091
section 124.15 of the Revised Code and each member shall be	96092
reimbursed for ~~his~~the member's actual and necessary expenses	96093
incurred in the discharge of such duties.	96094

(F) The board shall elect annually from its membership a	96095
~~chairman~~chairperson and a ~~vice-chairman~~vice-chairperson.	96096

(G) The board shall hold and conduct meetings quarterly and	96097
at such other times as its business requires. A majority of the	96098
board shall constitute a quorum. The affirmative vote of a	96099
majority of the members of the board is necessary for the board to	96100
act.	96101

(H) The board shall appoint a secretary who has no financial	96102
interest in a ~~nursing home~~long-term services and supports	96103
setting, and may employ and prescribe the powers and duties of	96104
such employees and consultants as are necessary to carry out this	96105
chapter and the rules adopted under it. ~~Administrative, technical,~~	96106
~~or other services shall be performed, insofar as practicable, by~~	96107
~~personnel of the department of health.~~	96108

Sec. 4751.04. (A) The board of ~~examiners~~executives of	96109
~~nursing home administrators~~long-term services and supports shall:	96110

(1) Develop, adopt, impose, and enforce regulations	96111
prescribing standards which must be met by individuals in order to	96112
receive a license as a nursing home administrator, which standards	96113
shall be designed to ensure that nursing home administrators are	96114
of good character and are otherwise suitable, and who, by training	96115
and experience, are qualified to serve as nursing home	96116
administrators;	96117

(2) Develop and apply appropriate techniques, including	96118
examinations and investigations, for determining whether an	96119
individual meets such standards;	96120

(3) Issue licenses and registrations to individuals	96121
determined, after application of such techniques, to meet such	96122
standards, and revoke or suspend licenses or registrations	96123
previously issued by the board in any case where the individual	96124
holding such license or registration is determined to have failed	96125
substantially to conform to the requirements of such standards;	96126

(4) Develop, adopt, impose, and enforce regulations and	96127
procedures designed to ensure that individuals holding a temporary	96128
license, or licensed as nursing home administrators will, during	96129
any period that they serve as such, comply with Chapter 4751. of	96130
the Revised Code and the regulations adopted thereunder;	96131

(5) Receive, investigate, and take appropriate action with	96132
respect to any charge or complaint filed with the board to the	96133
effect that any individual licensed as a nursing home	96134
administrator has failed to comply with Chapter 4751. of the	96135
Revised Code and the regulations adopted thereunder;	96136

(6) Take such other actions as may be necessary to enable the	96137
state to meet the requirements set forth in the "Social Security	96138
Amendments of 1967," 81 Stat. 908 (1968), 42 U.S.C. 1396 g;	96139

(7) Pay all license and registration fees collected under	96140
Chapter 4751. of the Revised Code into the ~~general operations~~	96141
board of executives of long-term services and supports fund	96142
created by section ~~3701.83~~4751.14 of the Revised Code to be used	96143
in administering and enforcing this chapter and the rules adopted	96144
under it;	96145

(8) Administer, or contract with a government or private	96146
entity to administer, examinations for licensure as a nursing home	96147
administrator. If the board contracts with a government or private	96148
entity to administer the examinations, the contract may authorize	96149
the entity to collect and keep, as all or part of the entity's	96150
compensation under the contract, any fee an applicant for	96151
licensure pays to take an examination. The entity is not required	96152
to deposit the fee into the state treasury;	96153

(9) Enter into a contract with the department of aging as	96154
required under section 4751.042 of the Revised Code;	96155

(10) Create opportunities for the education, training, and	96156
credentialing of nursing home administrators and others in	96157
leadership positions who practice in long-term services and	96158
supports settings or who direct the practices of others in those	96159
settings. In carrying out this function, the board shall do the	96160
following:	96161

(a) Identify core competencies and areas of knowledge that	96162
are appropriate for nursing home administrators and others working	96163
within the long-term services and supports settings system, with	96164
an emphasis on all of the following:	96165

(i) Leadership;

96166

(ii) Person-centered care;

96167

(iii) Principles of management within both the business and	96168
regulatory environments;	96169

(iv) An understanding of all post-acute settings, including	96170
transitions from acute settings and between post-acute settings.	96171

(b) Assist in the development of a strong, competitive market	96172
in Ohio for training, continuing education, and degree programs in	96173
long-term services and supports settings administration.	96174

(B) In the administration and enforcement of Chapter 4751. of	96175
the Revised Code, and the regulations adopted thereunder, the	96176
board is subject to Chapter 119. of the Revised Code and sections	96177
4743.01 and 4743.02 of the Revised Code except that a notice of	96178
appeal of an order of the board adopting, amending, or rescinding	96179
a rule or regulation does not operate as a stay of the effective	96180
date of such order as provided in section 119.11 of the Revised	96181
Code. The court, at its discretion, may grant a stay of any	96182
regulation in its application against the person filing the notice	96183
of appeal.	96184

Sec. 4751.041. Except when the board of ~~examiners~~executives	96185
of ~~nursing home administrators~~long-term services and supports	96186
considers it necessary, the board shall not disclose test	96187
materials, examinations, or evaluation tools used in an	96188
examination for licensure as a nursing home administrator that the	96189
board administers under section 4751.04 of the Revised Code or	96190
contracts under that section with a private or government entity	96191
to administer.	96192

Sec. 4751.042. (A) The board of executives of long-term	96193
services and supports shall enter into a written agreement with	96194
the department of aging for the department to serve as the board's	96195
fiscal agent. The fiscal agent shall be responsible for all the	96196
board's fiscal matters and financial transactions, as specified in	96197
the agreement. The written agreement shall specify the fees that	96198
the board shall pay to the fiscal agent for services performed	96199
under the agreement, and such fees shall be in proportion to the	96200
services performed for the board.	96201

(1) The agreement shall require the fiscal agent to provide	96202
the following services:	96203

(a) Preparation and processing of payroll and other personnel	96204
documents that the board approves;	96205

(b) Maintenance of ledgers of accounts and reports of account	96206
balances, and monitoring of budgets and allotment plans in	96207
consultation with the board;	96208

(c) Performance of other routine support services, specified	96209
in the agreement, that the fiscal agent considers appropriate to	96210
achieve efficiency.	96211

(2) The agreement may require the fiscal agent to provide the	96212
following services:	96213

(a) Any shared services between the board and the fiscal	96214
agent;	96215

(b) Any other services agreed to by the board and the	96216
department, including administrative or technical services.	96217

(B) The board, in conjunction and consultation with the	96218
fiscal agent, has the following authority and responsibility	96219
relative to fiscal matters:	96220

(1) Sole authority to expend funds from the board's accounts	96221
for programs and any other necessary expenses the board may incur;	96222

(2) Responsibility to cooperate with and inform the fiscal	96223
agent fully of all financial transactions.	96224

(C) The board shall follow all state procurement, fiscal,	96225
human resources, information technology, statutory, and	96226
administrative rule requirements.	96227

(D) In its role as fiscal agent for the board, the department	96228
shall serve as a contractor of the board, and does not assume	96229
responsibility for the debts or fiscal obligations of the board.	96230

Sec. 4751.05. (A) The board of ~~examiners~~executives of	96231
~~nursing home administrators~~long-term services and supports, or a	96232
government or private entity under contract with the board to	96233
administer examinations for licensure as a nursing home	96234
administrator, shall admit to an examination any candidate who:	96235

(1) Pays the application fee of fifty dollars;

96236

(2) Submits evidence of good moral character and suitability;

96237

(3) Is at least eighteen years of age;

96238

(4) Has completed educational requirements and work	96239
experience satisfactory to the board;	96240

(5) Submits an application on forms prescribed by the board;

96241

(6) Pays the examination fee charged by the board or	96242
government or private entity.	96243

(B) Nothing in Chapter 4751. of the Revised Code or the rules	96244
adopted thereunder shall be construed to require an applicant for	96245
licensure or a temporary license, who is employed by an	96246
institution for the care and treatment of the sick to demonstrate	96247
proficiency in any medical techniques or to meet any medical	96248
educational qualifications or medical standards not in accord with	96249
the remedial care and treatment provided by the institution if the	96250
institution is all of the following:	96251

(1) Operated exclusively for patients who use spiritual means	96252
for healing and for whom the acceptance of medical care is	96253
inconsistent with their religious beliefs;	96254

(2) Accredited by a national accrediting organization;

96255

(3) Exempt from federal income taxation under section 501 of	96256
the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1,	96257
as amended;	96258

(4) Providing twenty-four hour nursing care pursuant to the	96259
exemption in division (E) of section 4723.32 of the Revised Code	96260
from the licensing requirements of Chapter 4723. of the Revised	96261
Code.	96262

(C) If a person fails three times to attain a passing grade	96263
on the examination, said person, before the person may again be	96264
admitted to examination, shall meet such additional education or	96265
experience requirements, or both, as may be prescribed by the	96266
board.	96267

Sec. 4751.06. (A) An applicant for licensure as a nursing	96268
home administrator who has successfully completed the requirements	96269
of section 4751.05 of the Revised Code, passed the examination	96270
administered by the board of ~~examiners~~executives of ~~nursing home~~	96271
~~administrators~~long-term services and supports or a government or	96272
private entity under contract with the board, and paid to the	96273
board an original license fee of two hundred fifty dollars shall	96274
be issued a license on a form provided by the board. Such license	96275
shall certify that the applicant has met the licensure	96276
requirements of Chapter 4751. of the Revised Code and is entitled	96277
to practice as a licensed nursing home administrator.	96278

(B) A temporary license for a period not to exceed one	96279
hundred eighty days may be issued to an individual temporarily	96280
filling the position of a nursing home administrator vacated by	96281
reason of death, illness, or other unexpected cause, pursuant to	96282
regulations adopted by the board.	96283

(C) The fee for a temporary license is one hundred dollars.	96284
Said fee must accompany the application for the temporary license.	96285

(D) Any license or temporary license issued by the board	96286
pursuant to this section shall be under the hand of the	96287
chairperson and the secretary of the board.	96288

(E) A duplicate of the original certificate of registration	96289
or license may be secured to replace one that has been lost or	96290
destroyed by submitting to the board a notarized statement	96291
explaining the conditions of the loss, mutilation, or destruction	96292
of the certificate or license and by paying a fee of twenty-five	96293
dollars.	96294

(F) A duplicate certificate of registration and license may	96295
be issued in the event of a legal change of name by submitting to	96296
the board a certified copy of the court order or marriage license	96297
establishing the change of name, by returning at the same time the	96298
original license and certificate of registration, and by paying a	96299
fee of twenty-five dollars.	96300

Sec. 4751.07. (A) Every individual who holds a valid license	96301
as a nursing home administrator issued under division (A) of	96302
section 4751.06 of the Revised Code, shall immediately upon	96303
issuance thereof be registered with the board of ~~examiners~~	96304
executives of ~~nursing home administrators~~long-term services and	96305
supports and be issued a certificate of registration. Such	96306
individual shall annually apply to the board for a new certificate	96307
of registration on forms provided for such purpose prior to the	96308
expiration of the certificate of registration and shall at the	96309
same time submit satisfactory evidence to the board of having	96310
attended such continuing education programs or courses of study as	96311
may be prescribed in rules adopted by the board.	96312

(B) Upon making an application for a new certificate of	96313
registration such individual shall pay the annual registration fee	96314
of three hundred dollars.	96315

(C) Upon receipt of such application for registration and the	96316
registration fee required by divisions (A) and (B) of this	96317
section, the board shall issue a certificate of registration to	96318
such nursing home administrator.	96319

(D) The license of a nursing home administrator who fails to	96320
comply with this section shall automatically lapse.	96321

(E) A nursing home administrator who has been licensed and	96322
registered in this state who determines to temporarily abandon the	96323
practice of nursing home administration shall notify the board in	96324
writing immediately; provided, that such individual may thereafter	96325
register to resume the practice of nursing home administration	96326
within the state upon complying with the requirements of this	96327
section regarding annual registration.	96328

(F) Only an individual who has qualified as a licensed and	96329
registered nursing home administrator under Chapter 4751. of the	96330
Revised Code and the rules adopted thereunder, and who holds a	96331
valid current registration certificate pursuant to this section,	96332
may use the title "nursing home administrator," or the	96333
abbreviation "N.H.A." after the individual's name. No other person	96334
shall use such title or such abbreviation or any other words,	96335
letters, sign, card, or device tending to indicate or to imply	96336
that the person is a licensed and registered nursing home	96337
administrator.	96338

(G) Every person holding a valid license entitling the person	96339
to practice nursing home administration in this state shall	96340
display said license in the nursing home which is the person's	96341
principal place of employment, and while engaged in the practice	96342
of nursing home administration shall have at hand the current	96343
registration certificate.	96344

(H) Every person holding a valid temporary license shall have	96345
such license at hand while engaged in the practice of nursing home	96346
administration.	96347

Sec. 4751.08. The board of ~~examiners~~executives of ~~nursing~~	96348
~~home administrators~~long-term services and supports, in its	96349
discretion, and otherwise subject to Chapter 4751. of the Revised	96350
Code and the rules adopted by the board thereunder prescribing the	96351
qualifications for a nursing home administrator license, may	96352
license a nursing home administrator without examination if hethe	96353
nursing home administrator has a valid license issued by the	96354
proper authorities of any other state, upon payment of a fee of	96355
one hundred fifty dollars, and upon submission of evidence	96356
satisfactory to the board both:	96357

(A) That such other state maintained a system and standard of	96358
qualifications and examinations for a nursing home administrator	96359
license which were substantially equivalent to those required in	96360
this state at the time such other license was issued by such other	96361
state;	96362

(B) That such other state gives similar recognition to	96363
nursing home administrators licensed in this state.	96364

Sec. 4751.10. The license or registration, or both, or the	96365
temporary license of any person practicing or offering to practice	96366
nursing home administration, shall be revoked or suspended by the	96367
board of ~~examiners~~executives of ~~nursing home administrators~~	96368
long-term services and supports if such licensee or temporary	96369
licensee:	96370

(A) Is unfit or incompetent by reason of negligence, habits,	96371
or other causes;	96372

(B) Has willfully or repeatedly violated any of the	96373
provisions of Chapter 4751. of the Revised Code or the regulations	96374
adopted thereunder; or willfully or repeatedly acted in a manner	96375
inconsistent with the health and safety of the patients of the	96376
nursing home in which hethe licensee or temporary licensee is the	96377
administrator;	96378

(C) Is guilty of fraud or deceit in the practice of nursing	96379
home administration or in ~~his~~the licensee's or temporary	96380
licensee's admission to such practice;	96381

(D) Has been convicted in a court of competent jurisdiction,	96382
either within or without this state, of a felony.	96383

Proceedings under this section shall be instituted by the	96384
board or shall be begun by filing with the board charges in	96385
writing and under oath.	96386

Sec. 4751.11. (A) The board of ~~examiners~~executives of	96387
~~nursing home administrators~~long-term services and supports may,	96388
in its discretion, reissue a license or registration, or both, to	96389
any person whose license or registration, or both, has been	96390
revoked.	96391

(B) Application for the reissuance of a license or	96392
registration, or both, shall not be made prior to one year after	96393
revocation and shall be made in such manner as the board may	96394
direct.	96395

(C) If a person convicted of a felony is subsequently	96396
pardoned by the governor of the state where such conviction was	96397
had or by the president of the United States, or receives a final	96398
release granted by the adult parole authority of this state or its	96399
equivalent agency of another state, the board may, in its	96400
discretion, on application of such person and on the submission of	96401
evidence satisfactory to the board restore to such person the	96402
nursing home administrator's license or registration, or both.	96403

Sec. 4751.12. On receipt of a notice pursuant to section	96404
3123.43 of the Revised Code, the board of ~~examiners~~executives of	96405
~~nursing home administrators~~long-term services and supports shall	96406
comply with sections 3123.41 to 3123.50 of the Revised Code and	96407
any applicable rules adopted under section 3123.63 of the Revised	96408
Code with respect to a license issued pursuant to this chapter.	96409

Sec. 4751.13. The board of ~~examiners~~executives of ~~nursing~~	96410
~~home administrators~~long-term services and supports shall comply	96411
with section 4776.20 of the Revised Code.	96412

Sec. 4751.14. There is hereby created in the state treasury	96413
the board of executives of long-term services and supports fund.	96414
The fund shall consist of license and registration fees collected	96415
under this chapter. Money in the fund shall be used by the board	96416
of executives of long-term services and supports to administer and	96417
enforce this chapter and the rules adopted under it. Investment	96418
earnings of the fund shall be credited to the fund.	96419

Sec. 4753.071. A person who is required to meet the	96420
supervised professional experience requirement of division (F) of	96421
section 4753.06 of the Revised Code shall submit to the board of	96422
speech-language pathology and audiology an application for a	96423
conditional license. The application shall include a plan for the	96424
content of the supervised professional experience on a form the	96425
board shall prescribe. The board shall issue the conditional	96426
license to the applicant if the applicant meets the requirements	96427
of section 4753.06 of the Revised Code, other than the requirement	96428
to have obtained the supervised professional experience, and pays	96429
to the board the appropriate fee for a conditional license. An	96430
applicant may not begin employment until the conditional license	96431
has been issued.	96432

A conditional license authorizes an individual to practice	96433
speech-language pathology or audiology while completing the	96434
supervised professional experience as required by division (F) of	96435
section 4753.06 of the Revised Code. A person holding a	96436
conditional license may practice speech-language pathology or	96437
audiology while working under the supervision of a person fully	96438
licensed in accordance with this chapter. A conditional license is	96439
valid for eighteen months unless suspended or revoked pursuant to	96440
section 3123.47 or 4753.10 of the Revised Code.	96441

A person holding a conditional license may perform services	96442
for which ~~reimbursement~~payment will be sought under the medicare	96443
program ~~established under Title XVIII of the "Social Security~~	96444
~~Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended,~~ or the	96445
medicaid program ~~established under Chapter 5111. of the Revised~~	96446
~~Code~~ but all requests for ~~reimbursement~~payment for such services	96447
shall be made by the person who supervises the person performing	96448
the services.	96449

Sec. 4755.11. (A) In accordance with Chapter 119. of the	96450
Revised Code, the occupational therapy section of the Ohio	96451
occupational therapy, physical therapy, and athletic trainers	96452
board may suspend, revoke, or refuse to issue or renew an	96453
occupational therapist license, occupational therapy assistant	96454
license, occupational therapist limited permit, occupational	96455
therapy assistant limited permit, or reprimand, fine, place a	96456
license or limited permit holder on probation, or require the	96457
license or limited permit holder to take corrective action	96458
courses, for any of the following:	96459

(1) Conviction of an offense involving moral turpitude or a	96460
felony, regardless of the state or country in which the conviction	96461
occurred;	96462

(2) Violation of any provision of sections 4755.04 to 4755.13	96463
of the Revised Code;	96464

(3) Violation of any lawful order or rule of the occupational	96465
therapy section;	96466

(4) Obtaining or attempting to obtain a license or limited	96467
permit issued by the occupational therapy section by fraud or	96468
deception, including the making of a false, fraudulent, deceptive,	96469
or misleading statements in relation to these activities;	96470

(5) Negligence, unprofessional conduct, or gross misconduct	96471
in the practice of the profession of occupational therapy;	96472

(6) Accepting commissions or rebates or other forms of	96473
remuneration for referring persons to other professionals;	96474

(7) Communicating, without authorization, information	96475
received in professional confidence;	96476

(8) Using controlled substances, habit forming drugs, or	96477
alcohol to an extent that it impairs the ability to perform the	96478
work of an occupational therapist, occupational therapy assistant,	96479
occupational therapist limited permit holder, or occupational	96480
therapy assistant limited permit holder;	96481

(9) Practicing in an area of occupational therapy for which	96482
the individual is untrained or incompetent;	96483

(10) Failing the licensing or Ohio jurisprudence examination;

96484

(11) Aiding, abetting, directing, or supervising the	96485
unlicensed practice of occupational therapy;	96486

(12) Denial, revocation, suspension, or restriction of	96487
authority to practice a health care occupation, including	96488
occupational therapy, for any reason other than a failure to	96489
renew, in Ohio or another state or jurisdiction;	96490

(13) Except as provided in division (B) of this section:

96491

(a) Waiving the payment of all or any part of a deductible or	96492
copayment that a patient, pursuant to a health insurance or health	96493
care policy, contract, or plan that covers occupational therapy,	96494
would otherwise be required to pay if the waiver is used as an	96495
enticement to a patient or group of patients to receive health	96496
care services from that provider;	96497

(b) Advertising that the individual will waive the payment of	96498
all or any part of a deductible or copayment that a patient,	96499
pursuant to a health insurance or health care policy, contract, or	96500
plan that covers occupational therapy, would otherwise be required	96501
to pay.	96502

(14) Working or representing oneself as an occupational	96503
therapist, occupational therapy assistant, occupational therapist	96504
limited permit holder, or occupational therapy assistant limited	96505
permit holder without a current and valid license or limited	96506
permit issued by the occupational therapy section;	96507

(15) Engaging in a deceptive trade practice, as defined in	96508
section 4165.02 of the Revised Code;	96509

(16) Violation of the standards of ethical conduct in the	96510
practice of occupational therapy as identified by the occupational	96511
therapy section;	96512

(17) A departure from, or the failure to conform to, minimal	96513
standards of care required of licensees or limited permit holders,	96514
whether or not actual injury to a patient is established;	96515

(18) An adjudication by a court that the applicant, licensee,	96516
or limited permit holder is incompetent for the purpose of holding	96517
a license or limited permit and has not thereafter been restored	96518
to legal capacity for that purpose;	96519

(19)(a) Except as provided in division (A)(19)(b) of this	96520
section, failure to cooperate with an investigation conducted by	96521
the occupational therapy section, including failure to comply with	96522
a subpoena or orders issued by the section or failure to answer	96523
truthfully a question presented by the section at a deposition or	96524
in written interrogatories.	96525

(b) Failure to cooperate with an investigation does not	96526
constitute grounds for discipline under this section if a court of	96527
competent jurisdiction issues an order that either quashes a	96528
subpoena or permits the individual to withhold the testimony or	96529
evidence at issue.	96530

(20) Conviction of a misdemeanor reasonably related to the	96531
practice of occupational therapy, regardless of the state or	96532
country in which the conviction occurred;	96533

(21) Inability to practice according to acceptable and	96534
prevailing standards of care because of mental or physical	96535
illness, including physical deterioration that adversely affects	96536
cognitive, motor, or perception skills;	96537

(22) Violation of conditions, limitations, or agreements	96538
placed by the occupational therapy section on a license or limited	96539
permit to practice;	96540

(23) Making a false, fraudulent, deceptive, or misleading	96541
statement in the solicitation of or advertising for patients in	96542
relation to the practice of occupational therapy;	96543

(24) Failure to complete continuing education requirements as	96544
prescribed in rules adopted by the occupational therapy section	96545
under section 4755.06 of the Revised Code.	96546

(B) Sanctions shall not be imposed under division (A)(13) of	96547
this section against any individual who waives deductibles and	96548
copayments as follows:	96549

(1) In compliance with the health benefit plan that expressly	96550
allows such a practice. Waiver of the deductibles or copayments	96551
shall be made only with the full knowledge and consent of the plan	96552
purchaser, payer, and third-party administrator. Documentation of	96553
the consent shall be made available to the section upon request.	96554

(2) For professional services rendered to any other person	96555
licensed pursuant to sections 4755.04 to 4755.13 of the Revised	96556
Code to the extent allowed by those sections and the rules of the	96557
occupational therapy section.	96558

(C) Except as provided in division (D) of this section, the	96559
suspension or revocation of a license or limited permit under this	96560
section is not effective until either the order for suspension or	96561
revocation has been affirmed following an adjudication hearing, or	96562
the time for requesting a hearing has elapsed.	96563

When a license or limited permit is revoked under this	96564
section, application for reinstatement may not be made sooner than	96565
one year after the date of revocation. The occupational therapy	96566
section may accept or refuse an application for reinstatement and	96567
may require that the applicant pass an examination as a condition	96568
of reinstatement.	96569

When a license or limited permit holder is placed on	96570
probation under this section, the occupational therapy section's	96571
probation order shall be accompanied by a statement of the	96572
conditions under which the individual may be removed from	96573
probation and restored to unrestricted practice.	96574

(D) On receipt of a complaint that a person who holds a	96575
license or limited permit issued by the occupational therapy	96576
section has committed any of the prohibited actions listed in	96577
division (A) of this section, the section may immediately suspend	96578
the license or limited permit prior to holding a hearing in	96579
accordance with Chapter 119. of the Revised Code if it determines,	96580
based on the complaint, that the licensee or limited permit holder	96581
poses an immediate threat to the public. The section may review	96582
the allegations and vote on the suspension by telephone conference	96583
call. If the section votes to suspend a license or limited permit	96584
under this division, the section shall ~~notify~~issue a written	96585
order of summary suspension to the licensee or limited permit	96586
holder ~~of the suspension~~ in accordance with section 119.07 of the	96587
Revised Code. If the individual whose license or limited permit is	96588
suspended fails to make a timely request for an adjudication under	96589
Chapter 119. of the Revised Code, the section shall enter a final	96590
order permanently revoking the individual's license or limited	96591
permit. Notwithstanding section 119.12 of the Revised Code, a	96592
court of common pleas shall not grant a suspension of the	96593
section's order of summary suspension pending the determination of	96594
an appeal filed under that section. Any order of summary	96595
suspension issued under this division shall remain in effect,	96596
unless reversed on appeal, until a final adjudication order issued	96597
by the section pursuant to division (A) of this section becomes	96598
effective. The section shall issue its final adjudication order	96599
regarding an order of summary suspension issued under this	96600
division not later than ninety days after completion of its	96601
hearing. Failure to issue the order within ninety days shall	96602
result in immediate dissolution of the suspension order, but shall	96603
not invalidate any subsequent, final adjudication order.	96604

(E) If any person other than a person who holds a license or	96605
limited permit issued under section 4755.08 of the Revised Code	96606
has engaged in any practice that is prohibited under sections	96607
4755.04 to 4755.13 of the Revised Code or the rules of the	96608
occupational therapy section, the section may apply to the court	96609
of common pleas of the county in which the violation occurred, for	96610
an injunction or other appropriate order restraining this conduct,	96611
and the court shall issue this order.	96612

Sec. 4755.47. (A) In accordance with Chapter 119. of the	96613
Revised Code, the physical therapy section of the Ohio	96614
occupational therapy, physical therapy, and athletic trainers	96615
board may refuse to grant a license to an applicant for an initial	96616
or renewed license as a physical therapist or physical therapist	96617
assistant or, by an affirmative vote of not less than five	96618
members, may limit, suspend, or revoke the license of a physical	96619
therapist or physical therapist assistant or reprimand, fine,	96620
place a license holder on probation, or require the license holder	96621
to take corrective action courses, on any of the following	96622
grounds:	96623

(1) Habitual indulgence in the use of controlled substances,	96624
other habit-forming drugs, or alcohol to an extent that affects	96625
the individual's professional competency;	96626

(2) Conviction of a felony or a crime involving moral	96627
turpitude, regardless of the state or country in which the	96628
conviction occurred;	96629

(3) Obtaining or attempting to obtain a license issued by the	96630
physical therapy section by fraud or deception, including the	96631
making of a false, fraudulent, deceptive, or misleading statement;	96632

(4) An adjudication by a court, as provided in section	96633
5122.301 of the Revised Code, that the applicant or licensee is	96634
incompetent for the purpose of holding the license and has not	96635
thereafter been restored to legal capacity for that purpose;	96636

(5) Subject to section 4755.471 of the Revised Code,	96637
violation of the code of ethics adopted by the physical therapy	96638
section;	96639

(6) Violating or attempting to violate, directly or	96640
indirectly, or assisting in or abetting the violation of or	96641
conspiring to violate sections 4755.40 to 4755.56 of the Revised	96642
Code or any order issued or rule adopted under those sections;	96643

(7) Failure of one or both of the examinations required under	96644
section 4755.43 or 4755.431 of the Revised Code;	96645

(8) Permitting the use of one's name or license by a person,	96646
group, or corporation when the one permitting the use is not	96647
directing the treatment given;	96648

(9) Denial, revocation, suspension, or restriction of	96649
authority to practice a health care occupation, including physical	96650
therapy, for any reason other than a failure to renew, in Ohio or	96651
another state or jurisdiction;	96652

(10) Failure to maintain minimal standards of practice in the	96653
administration or handling of drugs, as defined in section 4729.01	96654
of the Revised Code, or failure to employ acceptable scientific	96655
methods in the selection of drugs, as defined in section 4729.01	96656
of the Revised Code, or other modalities for treatment;	96657

(11) Willful betrayal of a professional confidence;

96658

(12) Making a false, fraudulent, deceptive, or misleading	96659
statement in the solicitation of or advertising for patients in	96660
relation to the practice of physical therapy;	96661

(13) A departure from, or the failure to conform to, minimal	96662
standards of care required of licensees when under the same or	96663
similar circumstances, whether or not actual injury to a patient	96664
is established;	96665

(14) Obtaining, or attempting to obtain, money or anything of	96666
value by fraudulent misrepresentations in the course of practice;	96667

(15) Violation of the conditions of limitation or agreements	96668
placed by the physical therapy section on a license to practice;	96669

(16) Failure to renew a license in accordance with section	96670
4755.46 of the Revised Code;	96671

(17) Except as provided in section 4755.471 of the Revised	96672
Code, engaging in the division of fees for referral of patients or	96673
receiving anything of value in return for a specific referral of a	96674
patient to utilize a particular service or business;	96675

(18) Inability to practice according to acceptable and	96676
prevailing standards of care because of mental illness or physical	96677
illness, including physical deterioration that adversely affects	96678
cognitive, motor, or perception skills;	96679

(19) The revocation, suspension, restriction, or termination	96680
of clinical privileges by the United States department of defense	96681
or department of veterans affairs;	96682

(20) Termination or suspension from participation in the	96683
medicare or medicaid program established under Title XVIII and	96684
Title XIX, respectively, of the "Social Security Act," 49 Stat.	96685
620 (1935), 42 U.S.C. 301, as amended, for an act or acts that	96686
constitute a violation of sections 4755.40 to 4755.56 of the	96687
Revised Code;	96688

(21) Failure of a physical therapist to maintain supervision	96689
of a student, physical therapist assistant, unlicensed support	96690
personnel, other assistant personnel, or a license applicant in	96691
accordance with the requirements of sections 4755.40 to 4755.56 of	96692
the Revised Code and rules adopted under those sections;	96693

(22) Failure to complete continuing education requirements as	96694
prescribed in section 4755.51 or 4755.511 of the Revised Code or	96695
to satisfy any rules applicable to continuing education	96696
requirements that are adopted by the physical therapy section;	96697

(23) Conviction of a misdemeanor when the act that	96698
constitutes the misdemeanor occurs during the practice of physical	96699
therapy;	96700

(24)(a) Except as provided in division (A)(24)(b) of this	96701
section, failure to cooperate with an investigation conducted by	96702
the physical therapy section, including failure to comply with a	96703
subpoena or orders issued by the section or failure to answer	96704
truthfully a question presented by the section at a deposition or	96705
in written interrogatories.	96706

(b) Failure to cooperate with an investigation does not	96707
constitute grounds for discipline under this section if a court of	96708
competent jurisdiction issues an order that either quashes a	96709
subpoena or permits the individual to withhold the testimony or	96710
evidence at issue.	96711

(25) Regardless of whether the contact or verbal behavior is	96712
consensual, engaging with a patient other than the spouse of the	96713
physical therapist or physical therapist assistant, in any of the	96714
following:	96715

(a) Sexual contact, as defined in section 2907.01 of the	96716
Revised Code;	96717

(b) Verbal behavior that is sexually demeaning to the patient	96718
or may be reasonably interpreted by the patient as sexually	96719
demeaning.	96720

(26) Failure to notify the physical therapy section of a	96721
change in name, business address, or home address within thirty	96722
days after the date of change;	96723

(27) Except as provided in division (B) of this section:

96724

(a) Waiving the payment of all or any part of a deductible or	96725
copayment that a patient, pursuant to a health insurance or health	96726
care policy, contract, or plan that covers physical therapy, would	96727
otherwise be required to pay if the waiver is used as an	96728
enticement to a patient or group of patients to receive health	96729
care services from that provider;	96730

(b) Advertising that the individual will waive the payment of	96731
all or any part of a deductible or copayment that a patient,	96732
pursuant to a health insurance or health care policy, contract, or	96733
plan that covers physical therapy, would otherwise be required to	96734
pay;	96735

(28) Violation of any section of this chapter or rule adopted	96736
under it.	96737

(B) Sanctions shall not be imposed under division (A)(27) of	96738
this section against any individual who waives deductibles and	96739
copayments as follows:	96740

(1) In compliance with the health benefit plan that expressly	96741
allows such a practice. Waiver of the deductibles or copayments	96742
shall be made only with the full knowledge and consent of the plan	96743
purchaser, payer, and third-party administrator. Documentation of	96744
the consent shall be made available to the physical therapy	96745
section upon request.	96746

(2) For professional services rendered to any other person	96747
licensed pursuant to sections 4755.40 to 4755.56 of the Revised	96748
Code to the extent allowed by those sections and the rules of the	96749
physical therapy section.	96750

(C) When a license is revoked under this section, application	96751
for reinstatement may not be made sooner than one year after the	96752
date of revocation. The physical therapy section may accept or	96753
refuse an application for reinstatement and may require that the	96754
applicant pass an examination as a condition for reinstatement.	96755

When a license holder is placed on probation under this	96756
section, the physical therapy section's order for placement on	96757
probation shall be accompanied by a statement of the conditions	96758
under which the individual may be removed from probation and	96759
restored to unrestricted practice.	96760

(D) When an application for an initial or renewed license is	96761
refused under this section, the physical therapy section shall	96762
notify the applicant in writing of the section's decision to	96763
refuse issuance of a license and the reason for its decision.	96764

(E) On receipt of a complaint that a person licensed by the	96765
physical therapy section has committed any of the actions listed	96766
in division (A) of this section, the physical therapy section may	96767
immediately suspend the license of the physical therapist or	96768
physical therapist assistant prior to holding a hearing in	96769
accordance with Chapter 119. of the Revised Code if it determines,	96770
based on the complaint, that the person poses an immediate threat	96771
to the public. The physical therapy section may review the	96772
allegations and vote on the suspension by telephone conference	96773
call. If the physical therapy section votes to suspend a license	96774
under this division, the physical therapy section shall ~~notify~~	96775
issue a written order of summary suspension to the person ~~of the~~	96776
~~suspension~~ in accordance with section 119.07 of the Revised Code.	96777
If the person fails to make a timely request for an adjudication	96778
under Chapter 119. of the Revised Code, the physical therapy	96779
section shall enter a final order permanently revoking the	96780
person's license. Notwithstanding section 119.12 of the Revised	96781
Code, a court of common pleas shall not grant a suspension of the	96782
physical therapy section's order of summary suspension pending the	96783
determination of an appeal filed under that section. Any order of	96784
summary suspension issued under this division shall remain in	96785
effect, unless reversed on appeal, until a final adjudication	96786
order issued by the physical therapy section pursuant to division	96787
(A) of this section becomes effective. The physical therapy	96788
section shall issue its final adjudication order regarding an	96789
order of summary suspension issued under this division not later	96790
than ninety days after completion of its hearing. Failure to issue	96791
the order within ninety days shall result in immediate dissolution	96792
of the suspension order, but shall not invalidate any subsequent,	96793
final adjudication order.	96794

Sec. 4755.481. (A) If a physical therapist evaluates and	96795
treats a patient without the prescription of, or the referral of	96796
the patient by, a person described in division (G)(1) of section	96797
4755.48 of the Revised Code, all of the following apply:	96798

(1) The physical therapist shall, upon consent of the	96799
patient, inform the relevant person described in division (G)(1)	96800
of section 4755.48 of the Revised Code of the evaluation not later	96801
than five business days after the evaluation is made.	96802

(2) If the physical therapist determines, based on reasonable	96803
evidence, that no substantial progress has been made with respect	96804
to that patient during the thirty-day period immediately following	96805
the date of the patient's initial visit with the physical	96806
therapist, the physical therapist shall consult with or refer the	96807
patient to a person described in division (G)(1) of section	96808
4755.48 of the Revised Code, unless either of the following	96809
applies:	96810

(a) The evaluation, treatment, or services are being provided	96811
for fitness, wellness, or prevention purposes.	96812

(b) The patient previously was diagnosed with chronic,	96813
neuromuscular, or developmental conditions and the evaluation,	96814
treatment, or services are being provided for problems or symptoms	96815
associated with one or more of those previously diagnosed	96816
conditions.	96817

(3) If the physical therapist determines that orthotic	96818
devices are necessary to treat the patient, the physical therapist	96819
shall be limited to the application of the following orthotic	96820
devices:	96821

(a) Upper extremity adaptive equipment used to facilitate the	96822
activities of daily living;	96823

(b) Finger splints;

96824

96825

(d) Prefabricated elastic or fabric abdominal supports with	96826
or without metal or plastic reinforcing stays and other	96827
prefabricated soft goods requiring minimal fitting;	96828

(e) Nontherapeutic accommodative inlays;

96829

(f) Shoes that are not manufactured or modified for a	96830
particular individual;	96831

(g) Prefabricated foot care products;

96832

(h) Custom foot orthotics;

96833

(i) Durable medical equipment.

96834

(4) If, at any time, the physical therapist has reason to	96835
believe that the patient has symptoms or conditions that require	96836
treatment or services beyond the scope of practice of a physical	96837
therapist, the physical therapist shall refer the patient to a	96838
licensed health care practitioner acting within the practitioner's	96839
scope of practice.	96840

(B) Nothing in sections 4755.40 to 4755.56 of the Revised	96841
Code shall be construed to require reimbursement under any health	96842
insuring corporation policy, contract, or agreement, any sickness	96843
and accident insurance policy, the ~~medical assistance~~medicaid	96844
program ~~as defined in section 5111.01 of the Revised Code~~, or the	96845
health partnership program or qualified health plans established	96846
pursuant to sections 4121.44 to 4121.442 of the Revised Code, for	96847
any physical therapy service rendered without the prescription of,	96848
or the referral of the patient by, a person described in division	96849
(G)(1) of section 4755.48 of the Revised Code.	96850

(C) For purposes of this section, "business day" means any	96851
calendar day that is not a Saturday, Sunday, or legal holiday.	96852
"Legal holiday" has the same meaning as in section 1.14 of the	96853
Revised Code.	96854

Sec. 4755.64. (A) In accordance with Chapter 119. of the	96855
Revised Code, the athletic trainers section of the Ohio	96856
occupational therapy, physical therapy, and athletic trainers	96857
board may suspend, revoke, or refuse to issue or renew an athletic	96858
trainers license, or reprimand, fine, or place a licensee on	96859
probation, for any of the following:	96860

(1) Conviction of a felony or offense involving moral	96861
turpitude, regardless of the state or country in which the	96862
conviction occurred;	96863

(2) Violation of sections 4755.61 to 4755.65 of the Revised	96864
Code or any order issued or rule adopted thereunder;	96865

(3) Obtaining a license through fraud, false or misleading	96866
representation, or concealment of material facts;	96867

(4) Negligence or gross misconduct in the practice of	96868
athletic training;	96869

(5) Violating the standards of ethical conduct in the	96870
practice of athletic training as adopted by the athletic trainers	96871
section under section 4755.61 of the Revised Code;	96872

(6) Using any controlled substance or alcohol to the extent	96873
that the ability to practice athletic training at a level of	96874
competency is impaired;	96875

(7) Practicing in an area of athletic training for which the	96876
individual is untrained, incompetent, or practicing without the	96877
referral of a practitioner licensed under Chapter 4731. of the	96878
Revised Code, a dentist licensed under Chapter 4715. of the	96879
Revised Code, a chiropractor licensed under Chapter 4734. of the	96880
Revised Code, or a physical therapist licensed under this chapter;	96881

(8) Employing, directing, or supervising a person in the	96882
performance of athletic training procedures who is not authorized	96883
to practice as a licensed athletic trainer under this chapter;	96884

(9) Misrepresenting educational attainments or the functions	96885
the individual is authorized to perform for the purpose of	96886
obtaining some benefit related to the individual's athletic	96887
training practice;	96888

(10) Failing the licensing examination;

96889

(11) Aiding or abetting the unlicensed practice of athletic	96890
training;	96891

(12) Denial, revocation, suspension, or restriction of	96892
authority to practice a health care occupation, including athletic	96893
training, for any reason other than a failure to renew, in Ohio or	96894
another state or jurisdiction.	96895

(B) If the athletic trainers section places a licensee on	96896
probation under division (A) of this section, the section's order	96897
for placement on probation shall be accompanied by a written	96898
statement of the conditions under which the person may be removed	96899
from probation and restored to unrestricted practice.	96900

(C) A licensee whose license has been revoked under division	96901
(A) of this section may apply to the athletic trainers section for	96902
reinstatement of the license one year following the date of	96903
revocation. The athletic trainers section may accept or deny the	96904
application for reinstatement and may require that the applicant	96905
pass an examination as a condition for reinstatement.	96906

(D) On receipt of a complaint that a person licensed by the	96907
athletic trainers section has committed any of the prohibited	96908
actions listed in division (A) of this section, the section may	96909
immediately suspend the license of a licensed athletic trainer	96910
prior to holding a hearing in accordance with Chapter 119. of the	96911
Revised Code if it determines, based on the complaint, that the	96912
licensee poses an immediate threat to the public. The section may	96913
review the allegations and vote on the suspension by telephone	96914
conference call. If the section votes to suspend a license under	96915
this division, the section shall ~~notify~~issue a written order of	96916
summary suspension to the licensed athletic trainer ~~of the~~	96917
~~suspension~~ in accordance with section 119.07 of the Revised Code.	96918
If the individual whose license is suspended fails to make a	96919
timely request for an adjudication under Chapter 119. of the	96920
Revised Code, the section shall enter a final order permanently	96921
revoking the individual's license. Notwithstanding section 119.12	96922
of the Revised Code, a court of common pleas shall not grant a	96923
suspension of the section's order of summary suspension pending	96924
the determination of an appeal filed under that section. Any order	96925
of summary suspension issued under this division shall remain in	96926
effect, unless reversed on appeal, until a final adjudication	96927
order issued by the section pursuant to division (A) of this	96928
section becomes effective. The section shall issue its final	96929
adjudication order regarding an order of summary suspension issued	96930
under this division not later than ninety days after completion of	96931
its hearing. Failure to issue the order within ninety days shall	96932
result in immediate dissolution of the suspension order, but shall	96933
not invalidate any subsequent, final adjudication order.	96934

Sec. 4758.10. (A) There is hereby created the chemical	96935
dependency professionals board.	96936

(B) The governor shall appoint all of the following voting	96937
members of the board with the advice and consent of the senate:	96938

(1) Four individuals who hold a valid independent chemical	96939
dependency counselor-clinical supervisor license or independent	96940
chemical dependency counselor license issued under this chapter,	96941
including at least two of whom have received at least a master's	96942
degree in a field related to chemical dependency counseling from	96943
an accredited educational institution;	96944

(2) Two individuals who hold a valid chemical dependency	96945
counselor III license issued under this chapter;	96946

(3) One individual who holds a valid chemical dependency	96947
counselor II license issued under this chapter;	96948

(4) Two individuals who hold a valid prevention specialist II	96949
certificate or prevention specialist I certificate issued under	96950
this chapter;	96951

(5) One individual who is authorized under Chapter 4731. of	96952
the Revised Code to practice medicine and surgery or osteopathic	96953
medicine and surgery and has experience practicing in a field	96954
related to chemical dependency counseling;	96955

(6) Two individuals who represent the public and have not	96956
practiced chemical dependency counseling or alcohol and other drug	96957
prevention services and have not been involved in the delivery of	96958
chemical dependency counseling services or alcohol and other drug	96959
prevention services. At least one of these individuals shall be at	96960
least ~~sixty~~fifty years of age. During their terms, the public	96961
members shall not practice chemical dependency counseling or	96962
alcohol and other drug prevention services or be involved in the	96963
delivery of chemical dependency counseling services or alcohol and	96964
other drug prevention services.	96965

(C) Not later than ninety days after December 23, 2002, the	96966
director of ~~alcohol and drug addiction services~~mental health and	96967
addiction services shall appoint an individual who represents the	96968
department of ~~alcohol and drug addiction services~~mental health	96969
and addiction services to serve as an ex officio member of the	96970
chemical dependency professionals board.	96971

(D) Not more than one-half of the voting members of the board	96972
may be of the same gender or members of the same political party.	96973
At least two voting members of the board shall be of African,	96974
Native American, Hispanic, or Asian descent.	96975

Sec. 4758.11. Of the initial appointees to the chemical	96976
dependency professionals board appointed by the governor under	96977
division (B) of section 4758.10 of the Revised Code, four shall be	96978
appointed for terms ending one year after ~~the effective date of~~	96979
~~this section~~December 23, 2002, four shall be appointed for terms	96980
ending two years after ~~the effective date of this section~~December	96981
23, 2002, and four shall be appointed for terms ending three years	96982
after ~~the effective date of this section~~December 23, 2002. After	96983
the initial appointments, terms of office shall be three years,	96984
each term ending on the same day of the same month of the year as	96985
the term it succeeds.	96986

A voting member of the board shall hold office from the date	96987
of appointment until the end of the term for which the member was	96988
appointed. A voting member appointed to fill a vacancy occurring	96989
prior to the expiration of the term for which the member's	96990
predecessor was appointed shall hold office for the remainder of	96991
that term. A voting member shall continue in office after the	96992
expiration date of the member's term until the member's successor	96993
takes office or until a period of sixty days has elapsed,	96994
whichever occurs first. Voting members may be reappointed, except	96995
that an individual who has held office for two consecutive full	96996
terms shall not be reappointed sooner than one year after the	96997
expiration of the second full term.	96998

The ex officio member of the board appointed by the director	96999
of ~~alcohol and drug addiction services~~mental health and addiction	97000
services under division (C) of section 4758.10 of the Revised Code	97001
shall serve at the pleasure of the director.	97002

Sec. 4761.01. As used in this chapter:

97003

(A) "Respiratory care" means rendering or offering to render	97004
to individuals, groups, organizations, or the public any service	97005
involving the evaluation of cardiopulmonary function, the	97006
treatment of cardiopulmonary impairment, the assessment of	97007
treatment effectiveness, and the care of patients with	97008
deficiencies and abnormalities associated with the cardiopulmonary	97009
system. The practice of respiratory care includes:	97010

(1) Obtaining, analyzing, testing, measuring, and monitoring	97011
blood and gas samples in the determination of cardiopulmonary	97012
parameters and related physiologic data, including flows,	97013
pressures, and volumes, and the use of equipment employed for this	97014
purpose;	97015

(2) Administering, monitoring, recording the results of, and	97016
instructing in the use of medical gases, aerosols, and	97017
bronchopulmonary hygiene techniques, including drainage,	97018
aspiration, and sampling, and applying, maintaining, and	97019
instructing in the use of artificial airways, ventilators, and	97020
other life support equipment employed in the treatment of	97021
cardiopulmonary impairment and provided in collaboration with	97022
other licensed health care professionals responsible for providing	97023
care;	97024

(3) Performing cardiopulmonary resuscitation and respiratory	97025
rehabilitation techniques;	97026

(4) Administering medications for the testing or treatment of	97027
cardiopulmonary impairment.	97028

(B) "Respiratory care professional" means a person who is	97029
licensed under this chapter to practice the full range of	97030
respiratory care services as defined in division (A) of this	97031
section.	97032

(C) "Physician" means an individual authorized under Chapter	97033
4731. of the Revised Code to practice medicine and surgery or	97034
osteopathic medicine and surgery.	97035

(D) "Registered nurse" means an individual licensed under	97036
Chapter 4723. of the Revised Code to engage in the practice of	97037
nursing as a registered nurse.	97038

(E) "Hospital" means a facility that meets the operating	97039
standards of section 3727.02 of the Revised Code.	97040

(F) "Nursing facility" has the same meaning as in section	97041
~~5111.20~~5165.01 of the Revised Code.	97042

Sec. 4776.01. As used in this chapter:

97043

(A) "License" means an authorization evidenced by a license,	97044
certificate, registration, permit, card, or other authority that	97045
is issued or conferred by a licensing agency to a licensee or to	97046
an applicant for an initial license by which the licensee or	97047
initial license applicant has or claims the privilege to engage in	97048
a profession, occupation, or occupational activity, or, except in	97049
the case of the state dental board, to have control of and operate	97050
certain specific equipment, machinery, or premises, over which the	97051
licensing agency has jurisdiction.	97052

(B) Except as provided in section 4776.20 of the Revised	97053
Code, "licensee" means the person to whom the license is issued by	97054
a licensing agency.	97055

(C) Except as provided in section 4776.20 of the Revised	97056
Code, "licensing agency" means any of the following:	97057

(1) The board authorized by Chapters 4701., 4717., 4725.,	97058
4729., 4730., 4731., 4732., 4734., 4740., 4741., 4755., 4757.,	97059
4759., 4760., 4761., 4762., ~~and~~ 4779., and 4783. of the Revised	97060
Code to issue a license to engage in a specific profession,	97061
occupation, or occupational activity, or to have charge of and	97062
operate certain specified equipment, machinery, or premises.	97063

(2) The state dental board, relative to its authority to	97064
issue a license pursuant to section 4715.12, 4715.16, 4715.21, or	97065
4715.27 of the Revised Code.	97066

(D) "Applicant for an initial license" includes persons	97067
seeking a license for the first time and persons seeking a license	97068
by reciprocity, endorsement, or similar manner of a license issued	97069
in another state.	97070

(E) "Applicant for a restored license" includes persons	97071
seeking restoration of a certificate under section 4730.14,	97072
4731.281, 4760.06, or 4762.06 of the Revised Code.	97073

(F) "Criminal records check" has the same meaning as in	97074
section 109.572 of the Revised Code.	97075

Sec. 4778.02. (A)(1) Except as provided in division (B) of	97076
this section, no person shall practice as a genetic counselor	97077
unless the person holds a current, valid license to practice as a	97078
genetic counselor issued under this chapter.	97079

(2) No person shall use the title "genetic counselor," or	97080
otherwise hold the person out as a genetic counselor, unless the	97081
person holds a current, valid license to practice as a genetic	97082
counselor issued under this chapter.	97083

(B) Division (A)(1) of this section does not apply to either	97084
of the following:	97085

(1) A student performing an activity as part of a genetic	97086
counseling graduate program described in division (B)~~(2)~~(1)(b) of	97087
section 4778.03 of the Revised Code;	97088

(2) A person who is authorized pursuant to another provision	97089
of the Revised Code to perform any of the activities that a	97090
genetic counselor is authorized to perform.	97091

Sec. 4778.03. (A) An individual seeking a license to	97092
practice as a genetic counselor shall file with the state medical	97093
board an application in a manner prescribed by the board. The	97094
application shall include all the information the board considers	97095
necessary to process the application, including evidence	97096
satisfactory to the board that the applicant meets the	97097
requirements specified in division (B) of this section.	97098

At the time an application is submitted, the applicant shall	97099
pay the board an application fee of two hundred dollars. No part	97100
of the fee shall be returned to the applicant or transferred for	97101
purposes of another application.	97102

(B)(1) To be eligible to receive a license to practice as a	97103
genetic counselor, an applicant shall demonstrate to the board	97104
that the applicant meets all of the following requirements:	97105

~~(1)~~(a) Is at least eighteen years of age and of good moral	97106
character;	97107

~~(2) Has~~(b) Except as provided in division (B)(2) of this	97108
section, has attained a master's degree or higher degree from a	97109
genetic counseling graduate program accredited by the American	97110
board of genetic counseling, inc.;	97111

~~(3)~~(c) Is a certified genetic counselor;

97112

~~(4)~~(d) Has satisfied any other requirements established by	97113
the board in rules adopted under section 4778.12 of the Revised	97114
Code.	97115

(2) In the case of an applicant who files an application not	97116
later than December 31, 2013, and meets all eligibility	97117
requirements other than the requirement specified in division	97118
(B)(1)(b) of this section, the applicant is eligible for a license	97119
to practice as a genetic counselor if the applicant has attained a	97120
master's or higher degree in education or in a field that the	97121
state medical board considers to be closely related to genetic	97122
counseling.	97123

(C) The board shall review all applications received under	97124
this section. Not later than sixty days after receiving an	97125
application it considers complete, the board shall determine	97126
whether the applicant meets the requirements for a license to	97127
practice as a genetic counselor. The affirmative vote of not fewer	97128
than six members of the board is required to determine that the	97129
applicant meets the requirements for the license.	97130

Sec. 4781.28. The manufactured homes commission may charge a	97131
fee for an annual license to operate a manufactured home park. The	97132
fee for a license shall be determined in accordance with section	97133
~~4781.26~~4781.27 of the Revised Code and shall include the cost of	97134
licensing and all inspections.	97135

Any fees collected shall be transmitted to the treasurer of	97136
state and shall be credited to the manufactured homes commission	97137
regulatory fund created in section 4781.54 of the Revised Code and	97138
used only for the purpose of administering and enforcing sections	97139
4781.26 to 4781.35 of the Revised Code and the rules adopted	97140
thereunder.	97141

Sec. 4783.01. As used in this chapter:

97142

(A) "Certified Ohio behavior analyst" means an individual	97143
holding a current, valid certificate issued under section 4783.04	97144
of the Revised Code.	97145

(B)(1) "Practice of applied behavior analysis" means the	97146
design, implementation, and evaluation of instructional and	97147
environmental modifications to produce socially significant	97148
improvements in human behavior and includes the following:	97149

(a) The empirical identification of functional relations	97150
between behavior and environmental factors, known as functional	97151
assessment and analysis;	97152

(b) Interventions based on scientific research and the direct	97153
observation and measurement of behavior and the environment;	97154

(c) Utilization of contextual factors, motivating operations,	97155
antecedent stimuli, positive reinforcement, and other consequences	97156
to help people develop new behaviors, increase or decrease	97157
existing behaviors, and emit behaviors under specific	97158
environmental conditions.	97159

(2) "Practice of applied behavior analysis" does not include	97160
psychological testing, diagnosis of a mental or physical disorder,	97161
neuropsychology, psychotherapy, cognitive therapy, sex therapy,	97162
psychoanalysis, hypnotherapy, and long-term counseling as	97163
treatment modalities.	97164

Sec. 4783.02. (A) Except as otherwise provided in division	97165
(B) of this section, no person shall do either of the following:	97166

(1) Engage in the practice of applied behavior analysis in	97167
this state without holding a certificate issued under section	97168
4783.04 of the Revised Code;	97169

(2) Hold the person's self out to be a certified Ohio	97170
behavior analyst unless the person holds a certificate issued	97171
under section 4783.04 of the Revised Code.	97172

(B) This chapter does not apply to any of the following:

97173

(1) An individual licensed under Chapter 4732. of the Revised	97174
Code to practice psychology, if the practice of applied behavior	97175
analysis engaged in by the licensed psychologist is within the	97176
licensed psychologist's education, training, and experience;	97177

(2) An individual licensed under Chapter 4757. of the Revised	97178
Code to practice counseling, social work, or marriage and family	97179
therapy, if the practice of applied behavior analysis engaged in	97180
by the licensed professional counselor, licensed professional	97181
clinical counselor, licensed social worker, or licensed marriage	97182
and family therapist is within the licensee's education, training,	97183
and experience;	97184

(3) An individual acting under the authority and direction of	97185
an individual described in division (B)(1) or (2) of this section;	97186

(4) An individual practicing applied behavior analysis who is	97187
supervised by a certified Ohio behavior analyst and acting under	97188
the authority and direction of that certified Ohio behavior	97189
analyst;	97190

(5) The delivery of interventions by a direct care provider	97191
or family member to implement components of an applied behavior	97192
analysis treatment plan.	97193

(6) A behavior analyst who practices with nonhuman or	97194
nonpatient clients or consumers, including applied animal	97195
behaviorists and practitioners of organizational behavior	97196
management;	97197

(7) A licensed professional authorized to practice in this	97198
state who, in the offering or rendering of services, does not	97199
represent oneself in any printed materials or verbally by	97200
incorporating the term "applied behavior analyst," if the services	97201
of the licensed professional are within the scope of practice of	97202
the licensing law governing the licensed professional and the	97203
services performed are commensurate with the licensed	97204
professional's education, training, and experience;	97205

(8) A matriculated graduate student or postdoctoral trainee	97206
whose activities are part of a defined program of study or	97207
professional training;	97208

(9) An individual employed by the department of developmental	97209
disabilities, a county board of developmental disabilities, or a	97210
council of government consisting of county boards of developmental	97211
disabilities, when the individual is acting in the scope of that	97212
employment;	97213

(10) A professional employed in a school or other setting	97214
that falls under the regulation of the state board of education	97215
when the professional is acting within the scope of that	97216
employment.	97217

(C) For purposes of division (B)(3) or (4) of this section,	97218
an individual is not subject to this chapter only if the licensed	97219
psychologist, the licensed professional counselor, the licensed	97220
professional clinical counselor, the licensed social worker, the	97221
licensed marriage and family therapist, or the certified Ohio	97222
behavior analyst under whose authority and direction the	97223
individual is acting pursuant to division (B)(3) or (4) of this	97224
section signs an attestation stating that the licensed	97225
psychologist, licensed professional counselor, licensed	97226
professional clinical counselor, licensed social worker, licensed	97227
marriage and family therapist, or certified Ohio behavior analyst	97228
is responsible for the care provided by the individual.	97229

Sec. 4783.03. (A) The state board of psychology shall	97230
administer and enforce this chapter. The board shall adopt rules	97231
under Chapter 119. of the Revised Code establishing all of the	97232
following:	97233

(1) Procedures and requirements for applying for a	97234
certificate issued under section 4783.04 of the Revised Code;	97235

(2) Fees for issuance of a certificate;

97236

(3) Reductions of the hours of continuing education required	97237
by section 4783.05 of the Revised Code for persons in their first	97238
certificate period.	97239

(B) The board may adopt additional rules in accordance with	97240
Chapter 119. of the Revised Code as the board determines are	97241
necessary to implement and enforce this chapter.	97242

Sec. 4783.04. (A) An individual seeking a certificate to	97243
practice as a certified Ohio behavior analyst shall file with the	97244
state board of psychology a written application on a form	97245
prescribed and supplied by the board. To be eligible for a	97246
certificate, the individual shall do all of the following:	97247

(1) Demonstrate that the applicant is of good moral character	97248
and conducts the applicant's professional activities in accordance	97249
with accepted professional and ethical standards;	97250

(2) Comply with sections 4776.01 to 4776.04 of the Revised	97251
Code;	97252

(3) Demonstrate an understanding of the law regarding	97253
behavioral health practice;	97254

(4) Demonstrate current certification as a board certified	97255
behavior analyst by the behavior analyst certification board or	97256
its successor organization or demonstrate completion of equivalent	97257
requirements and passage of a psychometrically valid examination	97258
administered by a nationally accredited credentialing	97259
organization;	97260

(5) Pay the fee established by the state board of psychology.

97261

(B) The state board of psychology shall review all	97262
applications received under this section. The state board of	97263
psychology shall not grant a certificate to an applicant for an	97264
initial certificate unless the applicant complies with sections	97265
4776.01 to 4776.04 of the Revised Code and the state board of	97266
psychology, in its discretion, decides that the results of the	97267
criminal records check do not make the applicant ineligible for a	97268
certificate issued pursuant to section 4783.09 of the Revised	97269
Code. If the state board of psychology determines that an	97270
applicant satisfies the requirements for a certificate to practice	97271
as a certified Ohio behavior analyst, the state board of	97272
psychology shall issue the applicant a certificate.	97273

Sec. 4783.05. (A)(1) Except as otherwise provided in this	97274
division, a certificate issued under this chapter is valid for a	97275
period of two years. On or before the thirty-first day of August	97276
of each even-numbered year, each certified Ohio behavior analyst	97277
shall do both of the following:	97278

(a) Register with the state board of psychology on a form	97279
prescribed by the board, giving the certified Ohio behavior	97280
analyst's name, address, certificate number, the continuing	97281
education information required under division (B) of this section,	97282
and any other reasonable information as the board requires;	97283

(b) Pay to the board secretary a biennial registration fee in	97284
an amount of one hundred fifty dollars.	97285

(2) An individual who is issued a certificate under section	97286
4783.04 of the Revised Code for the first time on or before the	97287
thirty-first day of August of an even-numbered year shall next be	97288
required to register on or before the thirty-first day of August	97289
of the next even-numbered year.	97290

(B) Every two years a certified Ohio behavior analyst who	97291
wishes to renew the certified Ohio behavior analyst's certificate	97292
issued under this chapter shall produce proof of not less than	97293
twenty-three hours of continuing education, including not less	97294
than four hours in ethics, professional conduct, or cultural	97295
competency. Continuing education hours may be earned through	97296
providers of continuing education approved by the behavior analyst	97297
certification board or its successor organization or other	97298
organizations approved by the state board of psychology as	97299
providers of continuing education.	97300

Sec. 4783.09. (A) The state board of psychology may refuse	97301
to issue a certificate to any applicant, may issue a reprimand, or	97302
suspend or revoke the certificate of any certified Ohio behavior	97303
analyst, on any of the following grounds:	97304

(1) Conviction of a felony, or of any offense involving moral	97305
turpitude, in a court of this or any other state or in a federal	97306
court;	97307

(2) Using fraud or deceit in the procurement of the	97308
certificate to practice applied behavior analysis or knowingly	97309
assisting another in the procurement of such a certificate through	97310
fraud or deceit;	97311

(3) Accepting commissions or rebates or other forms of	97312
remuneration for referring persons to other professionals;	97313

(4) Willful, unauthorized communication of information	97314
received in professional confidence;	97315

(5) Being negligent in the practice of applied behavior	97316
analysis;	97317

(6) Using any controlled substance or alcoholic beverage to	97318
an extent that such use impairs the person's ability to perform	97319
the work of a certified Ohio behavior analyst with safety to the	97320
public;	97321

(7) Violating any rule of professional conduct promulgated by	97322
the board;	97323

(8) Practicing in an area of applied behavior analysis for	97324
which the person is clearly untrained or incompetent;	97325

(9) An adjudication by a court, as provided in section	97326
5122.301 of the Revised Code, that the person is incompetent for	97327
the purpose of holding the certificate;	97328

(10) Waiving the payment of all or any part of a deductible	97329
or copayment that a patient, pursuant to a health insurance or	97330
health care policy, contract, or plan that covers applied behavior	97331
analysis services, would otherwise be required to pay if the	97332
waiver is used as an enticement to a patient or group of patients	97333
to receive health care services from that provider;	97334

(11) Advertising that the person will waive the payment of	97335
all or any part of a deductible or copayment that a patient,	97336
pursuant to a health insurance or health care policy, contract, or	97337
plan that covers applied behavior analysis services, would	97338
otherwise be required to pay.	97339

(B) For purposes of division (A)(9) of this section, a person	97340
may have the person's certificate issued or restored only upon	97341
determination by a court that the person is competent for the	97342
purpose of holding the certificate and upon the decision by the	97343
board that the certificate be issued or restored. The board may	97344
require an examination prior to such issuance or restoration.	97345

(C) Notwithstanding divisions (A)(10) and (11) of this	97346
section, sanctions shall not be imposed against any certificate	97347
holder who waives deductibles and copayments:	97348

(1) In compliance with the health benefit plan that expressly	97349
allows such a practice. Waiver of the deductibles or copays shall	97350
be made only with the full knowledge and consent of the plan	97351
purchaser, payer, and third-party administrator. Such consent	97352
shall be made available to the board upon request.	97353

(2) For professional services rendered to any other person	97354
holding a certificate issued pursuant to this chapter to the	97355
extent allowed by this chapter and the rules of the board.	97356

(D) Except as provided in section 4783.10 of the Revised	97357
Code, before the board may deny, suspend, or revoke a certificate	97358
under this section, or otherwise discipline the holder of a	97359
certificate, written charges shall be filed with the board by the	97360
secretary and a hearing shall be had thereon in accordance with	97361
Chapter 119. of the Revised Code.	97362

Sec. 4783.10. On receipt of a complaint that any of the	97363
grounds listed in division (A) of section 4783.09 of the Revised	97364
Code exist, the state board of psychology may suspend the	97365
certificate of the certified Ohio behavior analyst prior to	97366
holding a hearing in accordance with Chapter 119. of the Revised	97367
Code if it determines, based on the complaint, that an immediate	97368
threat to the public exists.	97369

After suspending a certificate pursuant to this section, the	97370
board shall notify the certified Ohio behavior analyst of the	97371
suspension in accordance with section 119.07 of the Revised Code.	97372
If the individual whose certificate is suspended fails to make a	97373
timely request for an adjudication under Chapter 119. of the	97374
Revised Code, the board shall enter a final order permanently	97375
revoking the individual's certificate.	97376

Sec. 4783.11. (A) Except as provided in division (B) of this	97377
section, if, at the conclusion of a hearing required by section	97378
4783.09 of the Revised Code, the state board of psychology	97379
determines that a certified Ohio behavior analyst has engaged in	97380
sexual conduct or had sexual contact with the certified Ohio	97381
behavior analyst's patient or client in violation of any	97382
prohibition contained in Chapter 2907. of the Revised Code, the	97383
board shall do one of the following:	97384

(1) Suspend the certified Ohio behavior analyst's	97385
certificate;	97386

(2) Permanently revoke the certified Ohio behavior analyst's	97387
certificate.	97388

(B) If the board determines at the conclusion of the hearing	97389
that neither of the sanctions described in division (A) of this	97390
section is appropriate, the board shall impose another sanction it	97391
considers appropriate and issue a written finding setting forth	97392
the reasons for the sanction imposed and the reason that neither	97393
of the sanctions described in division (A) of this section is	97394
appropriate.	97395

Sec. 4783.12. On receipt of a notice pursuant to section	97396
3123.43 of the Revised Code, the state board of psychology shall	97397
comply with sections 3123.41 to 3123.50 of the Revised Code and	97398
any applicable rules adopted under section 3123.63 of the Revised	97399
Code with respect to a certificate issued pursuant to this	97400
chapter.	97401

Sec. 4783.13. The state board of psychology shall comply	97402
with section 4776.20 of the Revised Code.	97403

Sec. 4783.99. Whoever violates division (A) of section	97404
4783.02 of the Revised Code shall be fined not less than one	97405
hundred dollars nor more than five hundred dollars or imprisoned	97406
for not less than six months nor more than one year, or both. Each	97407
violation shall be a separate offense.	97408

Sec. 4906.20. (A) No person shall commence to construct an	97409
economically significant wind farm in this state without first	97410
having obtained a certificate from the power siting board. An	97411
economically significant wind farm with respect to which such a	97412
certificate is required shall be constructed, operated, and	97413
maintained in conformity with that certificate and any terms,	97414
conditions, and modifications it contains. A certificate shall be	97415
issued only pursuant to this section. The certificate may be	97416
transferred, subject to the approval of the board, to a person	97417
that agrees to comply with those terms, conditions, and	97418
modifications.	97419

(B) The board shall adopt rules governing the certificating	97420
of economically significant wind farms under this section. Initial	97421
rules shall be adopted within one hundred twenty days after June	97422
24, 2008.	97423

(1) The rules shall provide for an application process for	97424
certificating economically significant wind farms that is	97425
identical to the extent practicable to the process applicable to	97426
certificating major utility facilities under sections 4906.06,	97427
4906.07, 4906.08, 4906.09, 4906.10, 4906.11, and 4906.12 of the	97428
Revised Code and shall prescribe a reasonable schedule of	97429
application filing fees structured in the manner of the schedule	97430
of filing fees required for major utility facilities.	97431

(2) Additionally, the rules shall prescribe reasonable	97432
regulations regarding any wind turbines and associated facilities	97433
of an economically significant wind farm, including, but not	97434
limited to, their location, erection, construction,	97435
reconstruction, change, alteration, maintenance, removal, use, or	97436
enlargement and including erosion control, aesthetics,	97437
recreational land use, wildlife protection, interconnection with	97438
power lines and with regional transmission organizations,	97439
independent transmission system operators, or similar	97440
organizations, ice throw, sound and noise levels, blade shear,	97441
shadow flicker, decommissioning, and necessary cooperation for	97442
site visits and enforcement investigations. The rules also shall	97443
prescribe a minimum setback for a wind turbine of an economically	97444
significant wind farm. That minimum shall be equal to a horizontal	97445
distance, from the turbine's base to the property line of the wind	97446
farm property, equal to one and one-tenth times the total height	97447
of the turbine structure as measured from its base to the tip of	97448
its highest blade and be at least ~~seven~~one thousand one hundred	97449
~~fifty~~twenty-five feet in horizontal distance from the tip of the	97450
turbine's nearest blade at ninety degrees to the exterior of the	97451
nearest, habitable, residential structure, if any, located on	97452
adjacent property at the time of the certification application.	97453
For any existing certificates and amendments thereto, and existing	97454
certification applications that have been found by the chairperson	97455
to be in compliance with division (A) of section 4906.06 of the	97456
Revised Code before the effective date of the amendment of this	97457
section by H.B. 59 of the 130th general assembly, the distance	97458
shall be seven hundred fifty feet instead of one thousand one	97459
hundred twenty-five feet. The setback shall apply in all cases	97460
except those in which all owners of property adjacent to the wind	97461
farm property waive application of the setback to that property	97462
pursuant to a procedure the board shall establish by rule and	97463
except in which, in a particular case, the board determines that a	97464
setback greater than the minimum is necessary.	97465

Sec. 4906.201. An electric generating plant that consists of	97466
wind turbines and associated facilities with a single	97467
interconnection to the electrical grid that is designed for, or	97468
capable of, operation at an aggregate capacity of fifty megawatts	97469
or more is subject to the minimum setback requirements established	97470
in rules adopted by the power siting board under division (B)(2)	97471
of section 4906.20 of the Revised Code. For any existing	97472
certificates and amendments thereto, and existing certification	97473
applications that have been found by the chairperson to be in	97474
compliance with division (A) of section 4906.06 of the Revised	97475
Code before the effective date of the amendment of this section by	97476
H.B. 59 of the 130th general assembly, the distance shall be seven	97477
hundred fifty feet instead of one thousand one hundred twenty-five	97478
feet.	97479

Sec. 4909.157. (A) The public utilities commission may	97480
authorize a natural gas company or gas company to recover	97481
environmental remediation costs to which both of the following	97482
apply:	97483

(1) They are prudently incurred before January 1, 2025.

97484

(2) They are related to real property that, at the time	97485
recovery is authorized, is or was used for the provision of public	97486
utility service.	97487

(B) Recovery under division (A) of this section may be	97488
provided for through the establishment of a mechanism by the	97489
commission. Any such mechanism shall set forth the specific terms	97490
of the recovery.	97491

(C) If the commission authorizes recovery under this section,	97492
the company, upon the sale of the property described in division	97493
(A)(2) of this section, shall return to the company's customers	97494
the difference between the sale price of the property, minus any	97495
reasonable expenses related to the sale, and the fair market value	97496
of the property prior to remediation.	97497

(D) Divisions (A)(1) and (4) of section 4909.15 of the	97498
Revised Code do not preclude the recovery of environmental	97499
remediation costs as described in this section.	97500

Sec. 4955.32. (A) ~~Every company shall attach to each~~	97501
~~locomotive engine passing upon its railroad a bell of the ordinary~~	97502
~~size in use on such engines and a steam or compressed air whistle~~	97503
As used in this section, "lite locomotive consist" means a consist	97504
of locomotives not attached to any piece of equipment or attached	97505
only to a caboose.	97506

(B) When ~~an engine~~the locomotive in ~~motion and~~the lead of a	97507
train, when a lite locomotive consist, or when an individual	97508
locomotive is approaching a ~~turnpike,~~public highway~~, or street~~	97509
~~crossing~~ or ~~private~~a grade crossing ~~where the view of such~~	97510
~~crossing is obstructed by embankment, trees, curve, or other~~	97511
~~obstruction to view, upon the same line with the crossing, and in~~	97512
~~like manner where the railroad crosses any other traveled place,~~	97513
~~by bridge or otherwise~~, either of the following shall occur:	97514

(1) The engineer or person in charge of ~~such engine~~the	97515
locomotive shall sound ~~such whistle at a distance of at least~~	97516
~~eighty and not further than one hundred rods from such crossing~~	97517
~~and ring such bell continuously until the engine passes the~~	97518
~~crossing~~the locomotive horn in accordance with 49 C.F.R. part	97519
222;	97520

(2) An alternative audible warning system approved by the	97521
public utilities commission under section 4955.321 of the Revised	97522
Code shall be activated in accordance with guidelines established	97523
by the ~~public utilities~~ commission.	97524

(C) ~~This section shall not interfere with the proper~~	97525
~~observance of an ordinance passed by the legislative authority of~~	97526
~~a municipal corporation regulating the management of railroads,~~	97527
~~locomotives, and steam whistles on locomotives, within the limits~~	97528
~~of such municipal corporation.~~	97529

~~(D)~~ The establishment of an alternative audible warning	97530
system does not preclude the sounding of a ~~whistle~~locomotive horn	97531
by an engineer or other person in charge of ~~an engine~~a locomotive	97532
in an emergency situation, as determined by the sole judgment of	97533
the engineer or other person.	97534

Sec. 4955.321. The public utilities commission may evaluate	97535
alternative systems for providing an audible warning of an	97536
approaching locomotive ~~engine~~. The commission may approve the use	97537
of an audible warning system as an alternative to the ~~whistle and~~	97538
~~bell~~horn sounding required under division (B)(1) of section	97539
4955.32 of the Revised Code only if it determines that the	97540
alternative audible warning system complies with applicable	97541
federal requirements for an audible warning of an approaching	97542
train and only if train-activated warning devices also are present	97543
at any public highway or grade crossing at which the alternative	97544
audible warning system is installed. The commission shall	97545
establish guidelines for the use and operation of any alternative	97546
audible warning system it approves.	97547

Sec. 4955.322. The sounding of a locomotive horn at a	97548
private crossing or the failure to sound a locomotive horn at a	97549
private crossing is not a basis for a civil action against the	97550
railroad company that operated the locomotive, a board of county	97551
commissioners, or any local authority, or against the employees or	97552
agents of the company, board, or authority.	97553

Sec. 4955.34. Every engineer or person in charge of an	97554
~~engine~~a locomotive who fails to comply with section 4955.32 of	97555
the Revised Code is personally liable to a penalty of not less	97556
than fifty nor more than one hundred dollars, to be recovered by	97557
civil action at the suit of the state in the court of common pleas	97558
of a county in which the public highway or grade crossing is	97559
located.	97560

The company in whose employ such engineer or person in charge	97561
of ~~an engine~~a locomotive is, as well as the engineer or person	97562
~~himself~~in charge, is liable in damages to a person or company	97563
injured in person or property by such neglect or act of such	97564
engineer or person in charge.	97565

Sec. 4955.44. (A) On and after the date of first operation	97566
of a railroad quiet zone established pursuant to section 4955.42	97567
of the Revised Code, divisions (B)(1) and (2) of section 4955.32	97568
~~and division (A)(2) of section 4999.04~~ of the Revised Code do not	97569
apply with respect to ~~a public or private grade crossing included~~	97570
in the zone.	97571

(B) The establishment of a railroad quiet zone pursuant to	97572
sections 4955.41 to 4955.47 of the Revised Code does not preclude	97573
the sounding of a locomotive whistle, horn, bell, or other audible	97574
device by an engineer or other person in charge of the locomotive	97575
to address a perceived potential for injury, death, or loss to	97576
person or property, as determined by the sole judgment of the	97577
engineer or other person.	97578

(C) The commission may suspend summarily the operation of a	97579
quiet zone established pursuant to section 4955.42 of the Revised	97580
Code if the commission, through any source, obtains sufficient,	97581
credible evidence showing that a condition at a public grade	97582
crossing located within a quiet zone has changed to such an extent	97583
that, even with the continuing existence of the supplemental	97584
safety measures at the crossing, the quiet zone no longer	97585
qualifies as such under federal law or the commission determines	97586
that public safety is otherwise compromised at the crossing.	97587
Within fifteen days following the quiet zone suspension date	97588
described in this division, the commission shall hold a hearing in	97589
the general vicinity of the quiet zone in question to determine	97590
whether the quiet zone suspension should be lifted or continued,	97591
or whether commission approval of the quiet zone should be	97592
rescinded and the quiet zone eliminated.	97593

Sec. 4955.47. No railroad company and no employee or agent of	97594
the company shall be charged, or is liable in damages to person or	97595
property, for any failure to sound an audible warning by whistle,	97596
horn, bell, or other audible warning device at a ~~public or private~~	97597
railroad grade crossing to which any of the following apply:	97598

(A) The crossing is equipped in accordance with division	97599
(B)(2) of section 4955.32 of the Revised Code or.	97600

(B) The crossing is located in a railroad quiet zone	97601
established pursuant to section 4955.42 of the Revised Code or.	97602

(C) The crossing is located in a jurisdiction in which such	97603
sounding is restricted or prohibited by law.	97604

Sec. 4999.04. (A) No person in charge of a locomotive shall	97605
~~do the following:~~	97606

~~(1) Fail~~fail to bring the locomotive to a full stop at least	97607
two hundred feet before arriving at a crossing with another track,	97608
or proceed through the crossing before signaled to do so or before	97609
the way is clear;	97610

~~(2) When approaching a grade crossing, fail to sound the~~	97611
~~locomotive whistle at frequent intervals, beginning not less than~~	97612
~~thirteen hundred twenty feet from such crossing and continuing~~	97613
~~until the locomotive has passed the crossing~~.	97614

(B)(1) Whoever violates this section or fails to comply with	97615
division (B)(1) of section 4955.32 of the Revised Code is guilty	97616
of a misdemeanor of the fourth degree. If the violation ~~of this~~	97617
~~section~~or failure to comply causes physical harm to any person,	97618
whoever violates this section or fails to comply with division	97619
(B)(1) of section 4955.32 of the Revised Code is guilty of a	97620
misdemeanor of the third degree.	97621

(2) With respect to a charge of violating division (B)(1) of	97622
this section for a failure to comply with division (B)(1) of	97623
section 4955.32 of the Revised Code, it is an affirmative defense	97624
that an alternative audible warning system described in division	97625
(B)(2) of that section was activated.	97626

Sec. 5101.01. (A) As used in the Revised Code, the	97627
"department of public welfare" and the "department of human	97628
services" mean the department of job and family services and the	97629
"director of public welfare" and the "director of human services"	97630
mean the director of job and family services. ~~Whenever~~Except as	97631
provided in section 5160.011 of the Revised Code, whenever the	97632
department or director of public welfare or the department or	97633
director of human services is referred to or designated in any	97634
statute, rule, contract, grant, or other document, the reference	97635
or designation shall be deemed to refer to the department or	97636
director of job and family services, as the case may be.	97637

(B) As used in this chapter:

97638

(1) References to a county department of job and family	97639
services include a joint county department of job and family	97640
services established under section 329.40 of the Revised Code.	97641

(2) References to a board of county commissioners include the	97642
board of directors of a joint county department of job and family	97643
services established under section 329.40 of the Revised Code.	97644

Sec. 5101.101. (A) This section establishes the order of	97645
priority to be followed by the department of job and family	97646
services when distributing funds for the purpose of providing	97647
family planning services, including funds the department receives	97648
through Title XX of the "Social Security Act," 88 Stat. 2337	97649
(1974), 42 U.S.C. 1397, as amended, and funds the department	97650
receives through Title IV-A of the "Social Security Act," 110	97651
Stat. 2113 (1996), 42 U.S.C. 601, as amended, to be used for	97652
purposes of providing Title XX social services. This section does	97653
not apply to payments made under the medicaid program.	97654

(B) With respect to each period during which funds from a	97655
particular source are distributed for the purpose of providing	97656
family planning services, the department is subject to both of the	97657
following when distributing the funds to applicants seeking those	97658
funds:	97659

(1) Foremost priority shall be given to public entities that	97660
are operated by state or local government entities and that	97661
provide or are able to provide family planning services.	97662

(2) If any funds remain after the department distributes	97663
funds to public entities under division (B)(1) of this section,	97664
the department may distribute funds to nonpublic entities. If	97665
funds are distributed to nonpublic entities, the department shall	97666
distribute the funds in the following order of descending	97667
priority:	97668

(a) Nonpublic entities that are federally qualified health	97669
centers or federally qualified health center look-alikes, both as	97670
defined in section 3701.047 of the Revised Code, or community	97671
action agencies, as defined in section 122.66 of the Revised Code;	97672

(b) Nonpublic entities that provide comprehensive primary and	97673
preventive care services in addition to family planning services;	97674

(c) Nonpublic entities that provide family planning services,	97675
but do not provide comprehensive primary and preventive care	97676
services.	97677

Sec. 5101.11. ~~This section does not apply to contracts~~	97678
~~entered into under section 5111.90 or 5111.91 of the Revised Code.~~	97679

(A) As used in this section:

97680

(1) "Entity" includes an agency, board, commission, or	97681
department of the state or a political subdivision of the state; a	97682
private, nonprofit entity; a school district; a private school; or	97683
a public or private institution of higher education.	97684

(2) "Federal financial participation" means the federal	97685
government's share of expenditures made by an entity in	97686
implementing a program administered by the department of job and	97687
family services.	97688

(B) At the request of any public entity having authority to	97689
implement a program administered by the department of job and	97690
family services or any private entity under contract with a public	97691
entity to implement a program administered by the department, the	97692
department may seek to obtain federal financial participation for	97693
costs incurred by the entity. Federal financial participation may	97694
be sought from programs operated pursuant to Title IV-A,of the	97695
"Social Security Act," 42 U.S.C. 601 et seq.; Title IV-E~~, and~~	97696
~~Title XIX~~ of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42	97697
U.S.C. ~~301, as amended~~670 et seq.; the Food and Nutrition Act of	97698
2008 (,7 U.S.C. 2011 et seq.); and any other statute or regulation	97699
under which federal financial participation may be available,	97700
except that federal financial participation may be sought only for	97701
expenditures made with funds for which federal financial	97702
participation is available under federal law.	97703

(C) All funds collected by the department ~~of job and family~~	97704
~~services~~ pursuant to division (B) of this section shall be	97705
distributed to the entities that incurred the costs, except for	97706
any amounts retained by the department pursuant to division (D)(3)	97707
of this section.	97708

(D) In distributing federal financial participation pursuant	97709
to this section, the department may either enter into an agreement	97710
with the entity that is to receive the funds or distribute the	97711
funds in accordance with rules adopted under division (F) of this	97712
section. If the department decides to enter into an agreement to	97713
distribute the funds, the agreement may include terms that do any	97714
of the following:	97715

(1) Provide for the whole or partial reimbursement of any	97716
cost incurred by the entity in implementing the program;	97717

(2) In the event that federal financial participation is	97718
disallowed or otherwise unavailable for any expenditure, require	97719
the department ~~of job and family services~~ or the entity, whichever	97720
party caused the disallowance or unavailability of federal	97721
financial participation, to assume responsibility for the	97722
expenditures;	97723

(3) Permit the department to retain not more than five per	97724
cent of the amount of the federal financial participation to be	97725
distributed to the entity;	97726

(4) Require the public entity to certify the availability of	97727
sufficient unencumbered funds to match the federal financial	97728
participation it receives under this section;	97729

(5) Establish the length of the agreement, which may be for a	97730
fixed or a continuing period of time;	97731

(6) Establish any other requirements determined by the	97732
department to be necessary for the efficient administration of the	97733
agreement.	97734

(E) An entity that receives federal financial participation	97735
pursuant to this section for a program aiding children and their	97736
families shall establish a process for collaborative planning with	97737
the department ~~of job and family services~~ for the use of the funds	97738
to improve and expand the program.	97739

(F) The director of job and family services shall adopt rules	97740
as necessary to implement this section, including rules for the	97741
distribution of federal financial participation pursuant to this	97742
section. The rules shall be adopted in accordance with Chapter	97743
119. of the Revised Code. The director may adopt or amend any	97744
statewide plan required by the federal government for a program	97745
administered by the department, as necessary to implement this	97746
section.	97747

(G) Federal financial participation received pursuant to this	97748
section shall not be included in any calculation made under	97749
section 5101.16 or 5101.161 of the Revised Code.	97750

Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410	97751
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	97752
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	97753

(B) The department of job and family services shall act as	97754
the single state agency to administer federal payments for foster	97755
care and adoption assistance made pursuant to Title IV-E. The	97756
director of job and family services shall adopt rules to implement	97757
this authority. Rules governing financial and administrative	97758
requirements applicable to public children services agencies and	97759
government entities that provide Title IV-E reimbursable placement	97760
services to children shall be adopted in accordance with section	97761
111.15 of the Revised Code, as if they were internal management	97762
rules. Rules governing requirements applicable to private child	97763
placing agencies and private noncustodial agencies and rules	97764
establishing eligibility, program participation, and other	97765
requirements concerning Title IV-E shall be adopted in accordance	97766
with Chapter 119. of the Revised Code. A public children services	97767
agency to which the department distributes Title IV-E funds shall	97768
administer the funds in accordance with those rules.	97769

(C)(1) The county, on behalf of each child eligible for	97770
foster care maintenance payments under Title IV-E, shall make	97771
payments to cover the cost of providing all of the following:	97772

(a) The child's food, clothing, shelter, daily supervision,	97773
and school supplies;	97774

(b) The child's personal incidentals;

97775

97776

(2) In addition to payments made under division (C)(1) of	97777
this section, the county may, on behalf of each child eligible for	97778
foster care maintenance payments under Title IV-E, make payments	97779
to cover the cost of providing the following:	97780

(a) Liability insurance with respect to the child;

97781

(b) If the county is participating in the demonstration	97782
project established under division (A) of section 5101.142 of the	97783
Revised Code, services provided under the project.	97784

(3) With respect to a child who is in a child-care	97785
institution, including any type of group home designed for the	97786
care of children or any privately operated program consisting of	97787
two or more certified foster homes operated by a common	97788
administrative unit, the foster care maintenance payments made by	97789
the county on behalf of the child shall include the reasonable	97790
cost of the administration and operation of the institution, group	97791
home, or program, as necessary to provide the items described in	97792
divisions (C)(1) and (2) of this section.	97793

(D) To the extent that either foster care maintenance	97794
payments under division (C) of this section or Title IV-E adoption	97795
assistance payments for maintenance costs require the expenditure	97796
of county funds, the board of county commissioners shall report	97797
the nature and amount of each expenditure of county funds to the	97798
department.	97799

(E) The department shall distribute to public children	97800
services agencies that incur and report expenditures of the type	97801
described in division (D) of this section federal financial	97802
participation received for administrative and training costs	97803
incurred in the operation of foster care maintenance and adoption	97804
assistance programs. The department may withhold not more than	97805
three per cent of the federal financial participation received.	97806
The funds withheld may be used only to fund the following:	97807

(1) The Ohio child welfare training program established under	97808
section 5103.30 of the Revised Code;	97809

(2) The university partnership program for college and	97810
university students majoring in social work who have committed to	97811
work for a public children services agency upon graduation;	97812

(3) Efforts supporting organizational excellence, including	97813
voluntary activities to be accredited by a nationally recognized	97814
accreditation organization.	97815

The funds withheld shall be in addition to any administration	97816
and training cost for which the department is reimbursed through	97817
its own cost allocation plan.	97818

(F) All federal financial participation funds received by a	97819
county pursuant to this section shall be deposited into the	97820
county's children services fund created pursuant to section	97821
5101.144 of the Revised Code.	97822

(G) The department shall periodically publish and distribute	97823
the maximum amounts that the department will reimburse public	97824
children services agencies for making payments on behalf of	97825
children eligible for foster care maintenance payments.	97826

(H) The department, by and through its director, is hereby	97827
authorized to develop, participate in the development of,	97828
negotiate, and enter into one or more interstate compacts on	97829
behalf of this state with agencies of any other states, for the	97830
provision of ~~medical assistance and other~~ social services to	97831
children in relation to whom all of the following apply:	97832

(1) They have special needs.

97833

(2) This state or another state that is a party to the	97834
interstate compact is providing adoption assistance on their	97835
behalf.	97836

(3) They move into this state from another state or move out	97837
of this state to another state.	97838

Sec. 5101.16. (A) As used in this section and sections	97839
5101.161 and 5101.162 of the Revised Code:	97840

(1) "Disability financial assistance" means the financial	97841
assistance program established under Chapter 5115. of the Revised	97842
Code.	97843

(2) "Supplemental nutrition assistance program" means the	97844
program administered by the department of job and family services	97845
pursuant to section 5101.54 of the Revised Code.	97846

(3) ~~"Medicaid" means the medical assistance program~~	97847
~~established by Chapter 5111. of the Revised Code, excluding~~	97848
~~transportation services provided under that chapter.~~	97849

~~(4)~~ "Ohio works first" means the program established by	97850
Chapter 5107. of the Revised Code.	97851

~~(5)~~(4) "Prevention, retention, and contingency" means the	97852
program established by Chapter 5108. of the Revised Code.	97853

~~(6)~~(5) "Public assistance expenditures" means expenditures	97854
for all of the following:	97855

(a) Ohio works first;

97856

(b) County administration of Ohio works first;

97857

97858

(d) County administration of prevention, retention, and	97859
contingency;	97860

(e) Disability financial assistance;

97861

(f) County administration of disability financial assistance;

97862

(g) County administration of the supplemental nutrition	97863
assistance program;	97864

(h) County administration of medicaid, excluding	97865
administrative expenditures for transportation services covered by	97866
the medicaid program.	97867

(7) "Title IV-A program" has the same meaning as in section	97868
5101.80 of the Revised Code.	97869

(B) Each board of county commissioners shall pay the county	97870
share of public assistance expenditures in accordance with section	97871
5101.161 of the Revised Code. Except as provided in division (C)	97872
of this section, a county's share of public assistance	97873
expenditures is the sum of all of the following for state fiscal	97874
year 1998 and each state fiscal year thereafter:	97875

(1) The amount that is twenty-five per cent of the county's	97876
total expenditures for disability financial assistance and county	97877
administration of that program during the state fiscal year ending	97878
in the previous calendar year that the department of job and	97879
family services determines are allowable.	97880

(2) The amount that is ten per cent, or other percentage	97881
determined under division (D) of this section, of the county's	97882
total expenditures for county administration of the supplemental	97883
nutrition assistance program and medicaid (excluding	97884
administrative expenditures for transportation services covered by	97885
the medicaid program) during the state fiscal year ending in the	97886
previous calendar year that the department determines are	97887
allowable, less the amount of federal reimbursement credited to	97888
the county under division (E) of this section for the state fiscal	97889
year ending in the previous calendar year;	97890

(3) A percentage of the actual amount of the county share of	97891
program and administrative expenditures during federal fiscal year	97892
1994 for assistance and services, other than child care, provided	97893
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	97894
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	97895
enactment of the "Personal Responsibility and Work Opportunity	97896
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	97897
and family services shall determine the actual amount of the	97898
county share from expenditure reports submitted to the United	97899
States department of health and human services. The percentage	97900
shall be the percentage established in rules adopted under	97901
division (F) of this section.	97902

(C)(1) If a county's share of public assistance expenditures	97903
determined under division (B) of this section for a state fiscal	97904
year exceeds one hundred five per cent of the county's share for	97905
those expenditures for the immediately preceding state fiscal	97906
year, the department of job and family services shall reduce the	97907
county's share for expenditures under divisions (B)(1) and (2) of	97908
this section so that the total of the county's share for	97909
expenditures under division (B) of this section equals one hundred	97910
five per cent of the county's share of those expenditures for the	97911
immediately preceding state fiscal year.	97912

(2) A county's share of public assistance expenditures	97913
determined under division (B) of this section may be increased	97914
pursuant to section 5101.163 of the Revised Code and a sanction	97915
under section 5101.24 of the Revised Code. An increase made	97916
pursuant to section 5101.163 of the Revised Code may cause the	97917
county's share to exceed the limit established by division (C)(1)	97918
of this section.	97919

(D)(1) If the per capita tax duplicate of a county is less	97920
than the per capita tax duplicate of the state as a whole and	97921
division (D)(2) of this section does not apply to the county, the	97922
percentage to be used for the purpose of division (B)(2) of this	97923
section is the product of ten multiplied by a fraction of which	97924
the numerator is the per capita tax duplicate of the county and	97925
the denominator is the per capita tax duplicate of the state as a	97926
whole. The department of job and family services shall compute the	97927
per capita tax duplicate for the state and for each county by	97928
dividing the tax duplicate for the most recent available year by	97929
the current estimate of population prepared by the ~~department of~~	97930
development services agency.	97931

(2) If the percentage of families in a county with an annual	97932
income of less than three thousand dollars is greater than the	97933
percentage of such families in the state and division (D)(1) of	97934
this section does not apply to the county, the percentage to be	97935
used for the purpose of division (B)(2) of this section is the	97936
product of ten multiplied by a fraction of which the numerator is	97937
the percentage of families in the state with an annual income of	97938
less than three thousand dollars a year and the denominator is the	97939
percentage of such families in the county. The department of job	97940
and family services shall compute the percentage of families with	97941
an annual income of less than three thousand dollars for the state	97942
and for each county by multiplying the most recent estimate of	97943
such families published by the ~~department of~~ development services	97944
agency, by a fraction, the numerator of which is the estimate of	97945
average annual personal income published by the bureau of economic	97946
analysis of the United States department of commerce for the year	97947
on which the census estimate is based and the denominator of which	97948
is the most recent such estimate published by the bureau.	97949

(3) If the per capita tax duplicate of a county is less than	97950
the per capita tax duplicate of the state as a whole and the	97951
percentage of families in the county with an annual income of less	97952
than three thousand dollars is greater than the percentage of such	97953
families in the state, the percentage to be used for the purpose	97954
of division (B)(2) of this section shall be determined as follows:	97955

(a) Multiply ten by the fraction determined under division	97956
(D)(1) of this section;	97957

(b) Multiply the product determined under division (D)(3)(a)	97958
of this section by the fraction determined under division (D)(2)	97959
of this section.	97960

(4) The department of job and family services shall	97961
determine, for each county, the percentage to be used for the	97962
purpose of division (B)(2) of this section not later than the	97963
first day of July of the year preceding the state fiscal year for	97964
which the percentage is used.	97965

(E) The department of job and family services shall credit to	97966
a county the amount of federal reimbursement the department	97967
receives from the United States departments of agriculture and	97968
health and human services for the county's expenditures for	97969
administration of the supplemental nutrition assistance program	97970
and medicaid (excluding administrative expenditures for	97971
transportation services covered by the medicaid program) that the	97972
department determines are allowable administrative expenditures.	97973

(F)(1) The director of job and family services shall adopt	97974
rules in accordance with section 111.15 of the Revised Code to	97975
establish all of the following:	97976

(a) The method the department is to use to change a county's	97977
share of public assistance expenditures determined under division	97978
(B) of this section as provided in division (C) of this section;	97979

(b) The allocation methodology and formula the department	97980
will use to determine the amount of funds to credit to a county	97981
under this section;	97982

(c) The method the department will use to change the payment	97983
of the county share of public assistance expenditures from a	97984
calendar-year basis to a state fiscal year basis;	97985

(d) The percentage to be used for the purpose of division	97986
(B)(3) of this section, which shall, except as provided in section	97987
5101.163 of the Revised Code, meet both of the following	97988
requirements:	97989

(i) The percentage shall not be less than seventy-five per	97990
cent nor more than eighty-two per cent;	97991

(ii) The percentage shall not exceed the percentage that the	97992
state's qualified state expenditures is of the state's historic	97993
state expenditures as those terms are defined in 42 U.S.C.	97994
609(a)(7).	97995

(e) Other procedures and requirements necessary to implement	97996
this section.	97997

(2) The director of job and family services may amend the	97998
rule adopted under division (F)(1)(d) of this section to modify	97999
the percentage on determination that the amount the general	98000
assembly appropriates for Title IV-A programs makes the	98001
modification necessary. The rule shall be adopted and amended as	98002
if an internal management rule and in consultation with the	98003
director of budget and management.	98004

Sec. 5101.162. Subject to available federal funds and	98005
appropriations made by the general assembly, the department of job	98006
and family services may, at its sole discretion, use available	98007
federal funds to reimburse county expenditures for county	98008
administration of the supplemental nutrition assistance program or	98009
medicaid (excluding administrative expenditures for transportation	98010
services covered by the medicaid program) even though the county	98011
expenditures meet or exceed the maximum allowable reimbursement	98012
amount established by rules adopted under section 5101.161 of the	98013
Revised Code. The director of job and family services may adopt	98014
internal management rules in accordance with section 111.15 of the	98015
Revised Code to implement this section.	98016

Sec. 5101.18. ~~(A)~~ When the director of job and family	98017
services adopts rules under section 5107.05 regarding income	98018
requirements for the Ohio works first program and under section	98019
5115.03 of the Revised Code regarding income and resource	98020
requirements for the disability financial assistance program, the	98021
director shall determine what payments shall be regarded or	98022
disregarded. In making this determination, the director shall	98023
consider:	98024

~~(1)~~(A) The source of the payment;

98025

~~(2)~~(B) The amount of the payment;

98026

~~(3)~~(C) The purpose for which the payment was made;

98027

~~(4)~~(D) Whether regarding the payment as income would be in	98028
the public interest;	98029

~~(5)~~(E) Whether treating the payment as income would be	98030
detrimental to any of the programs administered in whole or in	98031
part by the department of job and family services and whether such	98032
determination would jeopardize the receipt of any federal grant or	98033
payment by the state or any receipt of aid under Chapter 5107. of	98034
the Revised Code.	98035

~~(B) Any recipient of aid under Title XVI of the "Social~~	98036
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,~~	98037
~~whose money payment is discontinued as the result of a general~~	98038
~~increase in old-age, survivors, and disability insurance benefits~~	98039
~~under such act, shall remain a recipient for the purpose of~~	98040
~~receiving medical assistance through the medical assistance~~	98041
~~program established under section 5111.01 of the Revised Code.~~	98042

Sec. 5101.181. (A) As used in this section and section	98043
5101.182 of the Revised Code:	98044

~~(1) "Public~~, "public assistance" means any or all of the	98045
following:	98046

~~(a)~~(1) Ohio works first;

98047

~~(b)~~(2) Prevention, retention, and contingency;

98048

~~(c)~~(3) Disability financial assistance;

98049

~~(d)~~(4) General assistance provided prior to July 17, 1995,	98050
under former Chapter 5113. of the Revised Code.	98051

~~(2) "Medical assistance" means medical assistance provided~~	98052
~~pursuant to, or under programs established by, section 5101.49,~~	98053
~~sections 5101.50 to 5101.529, Chapter 5111., or any other~~	98054
~~provision of the Revised Code.~~	98055

(B) As part of the procedure for the determination of	98056
overpayment to a recipient of public assistance under Chapter	98057
5107., 5108., or 5115. of the Revised Code, the director of job	98058
and family services may furnish quarterly the name and social	98059
security number of each individual who receives public assistance	98060
to the director of administrative services, the administrator of	98061
the bureau of workers' compensation, and each of the state's	98062
retirement boards. Within fourteen days after receiving the name	98063
and social security number of an individual who receives public	98064
assistance, the director of administrative services,	98065
administrator, or board shall inform the auditor of state as to	98066
whether such individual is receiving wages or benefits, the amount	98067
of any wages or benefits being received, the social security	98068
number, and the address of the individual. The director of	98069
administrative services, administrator, boards, and any agent or	98070
employee of those officials and boards shall comply with the rules	98071
of the director of job and family services restricting the	98072
disclosure of information regarding recipients of public	98073
assistance. Any person who violates this provision shall	98074
thereafter be disqualified from acting as an agent or employee or	98075
in any other capacity under appointment or employment of any state	98076
board, commission, or agency.	98077

(C) The auditor of state may enter into a reciprocal	98078
agreement with the director of job and family services or	98079
comparable officer of any other state for the exchange of names,	98080
current or most recent addresses, or social security numbers of	98081
persons receiving public assistance under Title IV-A of the	98082
"Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C. ~~301, as~~	98083
~~amended~~601 et seq.	98084

(D) The auditor of state shall retain, for not less than two	98085
years, at least one copy of all information received under this	98086
section and sections 145.27, 742.41, 3307.20, 3309.22, 4123.27,	98087
5101.182, and 5505.04 of the Revised Code.	98088

(E) ~~On the request of the director of job and family~~	98089
~~services, the auditor of state may conduct an audit of an~~	98090
~~individual who receives medical assistance. If the auditor decides~~	98091
~~to conduct an audit, the auditor shall enter into an interagency~~	98092
~~agreement with the department of~~ ~~job and family services~~ that	98093
specifies that the auditor agrees to comply with section 5101.271	98094
of the Revised Code with respect to any information the auditor	98095
receives pursuant to the audit.	98096

~~(F)~~ The auditor shall review the information described in	98097
division (D) of this section to determine whether overpayments	98098
were made to recipients of public assistance under Chapters 5107.,	98099
5108., and 5115. of the Revised Code. The auditor of state shall	98100
initiate action leading to prosecution, where warranted, of	98101
recipients who received overpayments by forwarding the name of	98102
each recipient who received overpayment, together with other	98103
pertinent information, to the director of job and family services,	98104
the attorney general, and the county director of job and family	98105
services and county prosecutor of the county through which public	98106
assistance was received.	98107

~~(G)~~(F) The auditor of state and the attorney general or their	98108
designees may examine any records, whether in computer or printed	98109
format, in the possession of the director of job and family	98110
services or any county director of job and family services. They	98111
shall provide safeguards which restrict access to such records to	98112
purposes directly connected with an audit or investigation,	98113
prosecution, or criminal or civil proceeding conducted in	98114
connection with the administration of the programs and shall	98115
comply with ~~sections~~section 5101.27 ~~and 5101.271~~ of the Revised	98116
Code and ~~adopts~~ rules ofadopted by the director of job and family	98117
services restricting the disclosure of information regarding	98118
recipients of public assistance ~~or medical assistance~~. Any person	98119
who violates this provision shall thereafter be disqualified from	98120
acting as an agent or employee or in any other capacity under	98121
appointment or employment of any state board, commission, or	98122
agency.	98123

~~(H)~~(G) Costs incurred by the auditor of state in carrying out	98124
the auditor of state's duties under this section shall be borne by	98125
the auditor of state.	98126

Sec. 5101.183. (A) ~~Except as provided in section 5111.12 of~~	98127
~~the Revised Code, the~~The director of job and family services, in	98128
accordance with section 111.15 of the Revised Code, may adopt	98129
rules under which county family services agencies shall take	98130
action to recover the cost of the following benefits and services	98131
available under programs administered by the department of job and	98132
family services:	98133

(1) Benefits or services provided to any of the following:

98134

(a) Persons who were not eligible for the benefits or	98135
services but who secured the benefits or services through fraud or	98136
misrepresentation;	98137

(b) Persons who were eligible for the benefits or services	98138
but who intentionally diverted the benefits or services to other	98139
persons who were not eligible for the benefits or services.	98140

(2) Any benefits or services provided by a county family	98141
services agency for which recovery is required or permitted by	98142
federal law for the federal programs administered by the agency.	98143

(B) A county family services agency may bring a civil action	98144
against a recipient of benefits or services to recover any costs	98145
described in division (A) of this section.	98146

(C) A county family services agency shall retain any money it	98147
recovers under division (A) of this section and shall use the	98148
money to meet a family services duty, except that, if federal law	98149
requires the department of job and family services to return any	98150
portion of the money so recovered to the federal government, the	98151
county family services agency shall pay that portion to the	98152
department of job and family services.	98153

Sec. 5101.184. (A) The director of job and family services	98154
shall work with the tax commissioner to collect overpayments of	98155
assistance under Chapter 5107.~~, 5111.,~~ or 5115., former Chapter	98156
5113., or section 5101.54 of the Revised Code from refunds of	98157
state income taxes for taxable year 1992 and thereafter that are	98158
payable to the recipients of such overpayments.	98159

Any overpayment of assistance, whether obtained by fraud or	98160
misrepresentation, as the result of an error by the recipient or	98161
by the agency making the payment, or in any other manner, may be	98162
collected under this section. Any reduction under section 5747.12	98163
or 5747.121 of the Revised Code to an income tax refund shall be	98164
made before a reduction under this section. No reduction shall be	98165
made under this section if the amount of the refund is less than	98166
twenty-five dollars after any reduction under section 5747.12 of	98167
the Revised Code. A reduction under this section shall be made	98168
before any part of the refund is contributed under section	98169
5747.113 of the Revised Code, or is credited under section 5747.12	98170
of the Revised Code against tax due in any subsequent year.	98171

The director and the tax commissioner, by rules adopted in	98172
accordance with Chapter 119. of the Revised Code, shall establish	98173
procedures to implement this division. The procedures shall	98174
provide for notice to a recipient of assistance and an opportunity	98175
for the recipient to be heard before the recipient's income tax	98176
refund is reduced.	98177

(B) The director of job and family services may enter into	98178
agreements with the federal government to collect overpayments of	98179
assistance from refunds of federal income taxes that are payable	98180
to recipients of the overpayments.	98181

Sec. 5101.26. As used in this section and in sections	98182
5101.27 to 5101.30 of the Revised Code:	98183

(A) "County agency" means a county department of job and	98184
family services or a public children services agency.	98185

(B) "Fugitive felon" means an individual who is fleeing to	98186
avoid prosecution, or custody or confinement after conviction,	98187
under the laws of the place from which the individual is fleeing,	98188
for a crime or an attempt to commit a crime that is a felony under	98189
the laws of the place from which the individual is fleeing or, in	98190
the case of New Jersey, a high misdemeanor, regardless of whether	98191
the individual has departed from the individual's usual place of	98192
residence.	98193

(C) "Information" means records as defined in section 149.011	98194
of the Revised Code, any other documents in any format, and data	98195
derived from records and documents that are generated, acquired,	98196
or maintained by the department of job and family services, a	98197
county agency, or an entity performing duties on behalf of the	98198
department or a county agency.	98199

(D) "Law enforcement agency" means the state highway patrol,	98200
an agency that employs peace officers as defined in section 109.71	98201
of the Revised Code, the adult parole authority, a county	98202
department of probation, a prosecuting attorney, the attorney	98203
general, similar agencies of other states, federal law enforcement	98204
agencies, and postal inspectors. "Law enforcement agency" includes	98205
the peace officers and other law enforcement officers employed by	98206
the agency.	98207

(E) ~~"Medical assistance" means medical assistance provided~~	98208
~~pursuant to, or under programs established by, section 5101.49,~~	98209
~~sections 5101.50 to 5101.529, Chapter 5111., or any other~~	98210
~~provision of the Revised Code.~~	98211

~~(F) "Medical assistance recipient" means an applicant for or~~	98212
~~recipient or former recipient of medical assistance.~~	98213

~~(G)~~ "Public assistance" means financial assistance or social	98214
services that are ~~not medical assistance~~ provided under a program	98215
administered by the department of job and family services or a	98216
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	98217
5108., or 5115. of the Revised Code or an executive order issued	98218
under section 107.17 of the Revised Code. "Public assistance" does	98219
not mean medical assistance provided under a medical assistance	98220
program, as defined in section 5160.01 of the Revised Code.	98221

~~(H)~~(F) "Public assistance recipient" means an applicant for	98222
or recipient or former recipient of public assistance.	98223

Sec. 5101.272. (A) For the purposes of ~~sections~~section	98224
5101.27 ~~and 5101.271~~ of the Revised Code, an authorization shall	98225
be made on a form that uses language understandable to the average	98226
person and contains all of the following:	98227

(1) A description of the information to be used or disclosed	98228
that identifies the information in a specific and meaningful	98229
fashion;	98230

(2) The name or other specific identification of the person	98231
or class of persons authorized to make the requested use or	98232
disclosure;	98233

(3) The name or other specific identification of the person	98234
or governmental entity to which the information may be released;	98235

(4) A description of each purpose of the requested use or	98236
disclosure of the information;	98237

(5) The date on which the authorization expires or an event	98238
related either to the individual who is the subject of the request	98239
or to the purposes of the requested use or disclosure, the	98240
occurrence of which will cause the authorization to expire;	98241

(6) A statement that the information used or disclosed	98242
pursuant to the authorization may be disclosed by the recipient of	98243
the information and may no longer be protected from disclosure;	98244

(7) The signature of the individual or the individual's	98245
authorized representative and the date on which the authorization	98246
was signed;	98247

(8) If signed by an authorized representative, a description	98248
of the representative's authority to act for the individual;	98249

(9) A statement of the individual or authorized	98250
representative's right to prospectively revoke the written	98251
authorization in writing, along with one of the following:	98252

(a) A description of how the individual or authorized	98253
representative may revoke the authorization;	98254

(b) If the department of job and family services' privacy	98255
notice contains a description of how the individual or authorized	98256
representative may revoke the authorization, a reference to that	98257
privacy notice.	98258

(10) A statement that treatment, payment, enrollment, or	98259
eligibility for public assistance ~~or medical assistance~~ cannot be	98260
conditioned on signing the authorization unless the authorization	98261
is necessary for determining eligibility for the public assistance	98262
~~or medical assistance~~ program.	98263

(B) ~~An authorization for the release of information regarding~~	98264
~~a medical assistance recipient to the recipient's attorney under~~	98265
~~division (C)(3) of section 5101.271 of the Revised Code may~~	98266
~~include a provision specifically authorizing the release of the~~	98267
~~recipient's electronic health records, if any, in accordance with~~	98268
~~rules the director of job and family services adopts under section~~	98269
~~5101.30 of the Revised Code.~~	98270

~~(C)~~ When an individual requests information pursuant to	98271
section 5101.27 ~~or 5101.271~~ of the Revised Code regarding the	98272
individual's receipt of public assistance ~~or medical assistance~~	98273
and does not wish to provide a statement of purpose, the statement	98274
"at request of the individual" is a sufficient description for	98275
purposes of division (A)(4) of this section.	98276

Sec. 5101.273. The department of job and family services	98277
shall enter into any necessary agreements with the United States	98278
department of health and human services and neighboring states to	98279
join and participate as an active member in the public assistance	98280
reporting information system. The department may disclose	98281
information regarding a public assistance recipient ~~or medical~~	98282
~~assistance recipient~~ to the extent necessary to participate as an	98283
active member in the public assistance reporting information	98284
system.	98285

Sec. 5101.30. (A) The director of job and family services	98286
shall adopt rules in accordance with Chapter 119. of the Revised	98287
Code implementing sections 5101.26 to 5101.30 of the Revised Code	98288
and governing the custody, use, disclosure, and preservation of	98289
the information generated or received by the department of job and	98290
family services, county agencies, other state and county entities,	98291
contractors, grantees, private entities, or officials	98292
participating in the administration of public assistance or	98293
~~medical assistance~~ programs. The rules shall comply with	98294
applicable federal statutes and regulations.	98295

(1) The rules shall specify conditions and procedures for the	98296
release of information which may include, among other conditions	98297
and procedures, both of the following:	98298

(a) Permitting providers of services or assistance under	98299
public assistance programs limited access to information that is	98300
essential for the providers to render services or assistance or to	98301
bill for services or assistance rendered. The department of aging,	98302
when investigating a complaint under section 173.20 of the Revised	98303
Code, shall be granted any limited access permitted in the rules	98304
pursuant to division (A)(1) of this section.	98305

(b) Permitting a contractor, grantee, or other state or	98306
county entity limited access to information that is essential for	98307
the contractor, grantee, or entity to perform administrative or	98308
other duties on behalf of the department or county agency. A	98309
contractor, grantee, or entity given access to information	98310
pursuant to division (A)(2) of this section is bound by the	98311
director's rules, and disclosure of the information by the	98312
contractor, grantee, or entity in a manner not authorized by the	98313
rules is a violation of section 5101.27 of the Revised Code.	98314

(2) The rules may define who is an "authorized	98315
representative" for purposes of sections 5101.27~~, 5101.271,~~ and	98316
5101.272 of the Revised Code.	98317

(B) Whenever names, addresses, or other information relating	98318
to public assistance recipients is held by any agency other than	98319
the department or a county agency, that other agency shall adopt	98320
rules consistent with sections 5101.26 to 5101.30 of the Revised	98321
Code to prevent the publication or disclosure of names, lists, or	98322
other information concerning those recipients.	98323

Sec. 5101.34. (A) There is hereby created in the department	98324
of job and family services the Ohio commission on fatherhood. The	98325
commission shall consist of the following members:	98326

(1)(a) Four members of the house of representatives appointed	98327
by the speaker of the house, not more than two of whom are members	98328
of the same political party. Two of the members must be from	98329
legislative districts that include a county or part of a county	98330
that is among the one-third of counties in this state with the	98331
highest number per capita of households headed by females.	98332

(b) Two members of the senate appointed by the president of	98333
the senate, each from a different political party. One of the	98334
members must be from a legislative district that includes a county	98335
or part of a county that is among the one-third of counties in	98336
this state with the highest number per capita of households headed	98337
by females.	98338

(2) The governor, or the governor's designee;

98339

(3) One representative of the judicial branch of government	98340
appointed by the chief justice of the supreme court;	98341

(4) The directors of health, job and family services,	98342
rehabilitation and correction, ~~alcohol and drug addiction services~~	98343
mental health and addiction services, and youth services and the	98344
superintendent of public instruction, or their designees;	98345

(5) One representative of the Ohio family and children first	98346
cabinet council created under section 121.37 of the Revised Code	98347
appointed by the chairperson of the council;	98348

(6) Five representatives of the general public appointed by	98349
the governor. These members shall have extensive experience in	98350
issues related to fatherhood.	98351

(B) The appointing authorities of the Ohio commission on	98352
fatherhood shall make initial appointments to the commission	98353
within thirty days after September 29, 1999. Of the initial	98354
appointments to the commission made pursuant to divisions (A)(3),	98355
(5), and (6) of this section, three of the members shall serve a	98356
term of one year and four shall serve a term of two years. Members	98357
so appointed subsequently shall serve two-year terms. A member	98358
appointed pursuant to division (A)(1) of this section shall serve	98359
on the commission until the end of the general assembly from which	98360
the member was appointed or until the member ceases to serve in	98361
the chamber of the general assembly in which the member serves at	98362
the time of appointment, whichever occurs first. The governor or	98363
the governor's designee shall serve on the commission until the	98364
governor ceases to be governor. The directors and superintendent	98365
or their designees shall serve on the commission until they cease,	98366
or the director or superintendent a designee represents ceases, to	98367
be director or superintendent. Each member shall serve on the	98368
commission from the date of appointment until the end of the term	98369
for which the member was appointed. Members may be reappointed.	98370

Vacancies shall be filled in the manner provided for original	98371
appointments. Any member appointed to fill a vacancy occurring	98372
prior to the expiration date of the term for which the member's	98373
predecessor was appointed shall serve on the commission for the	98374
remainder of that term. A member shall continue to serve on the	98375
commission subsequent to the expiration date of the member's term	98376
until the member's successor is appointed or until a period of	98377
sixty days has elapsed, whichever occurs first. Members shall	98378
serve without compensation but shall be reimbursed for necessary	98379
expenses.	98380

Sec. 5101.35. (A) As used in this section:

98381

(1)(a) "Agency" means the following entities that administer	98382
a family services program:	98383

~~(a)~~(i) The department of job and family services;

98384

~~(b)~~(ii) A county department of job and family services;

98385

~~(c)~~(iii) A public children services agency;

98386

~~(d)~~(iv) A private or government entity administering, in	98387
whole or in part, a family services program for or on behalf of	98388
the department of job and family services or a county department	98389
of job and family services or public children services agency.	98390

(b) If the department of medicaid contracts with the	98391
department of job and family services to hear appeals authorized	98392
by section 5160.31 of the Revised Code regarding medical	98393
assistance programs, "agency" includes the department of medicaid.	98394

(2) "Appellant" means an applicant, participant, former	98395
participant, recipient, or former recipient of a family services	98396
program who is entitled by federal or state law to a hearing	98397
regarding a decision or order of the agency that administers the	98398
program.	98399

(3)(a) "Family services program" means ~~assistance provided~~	98400
~~under a~~all of the following:	98401

(i) A Title IV-A program as defined in section 5101.80 of the	98402
Revised Code or;	98403

(ii) Programs that provide assistance under Chapter 5104.,	98404
~~5111.,~~ or 5115. orof the Revised Code;	98405

(iii) Programs that provide assistance under section ~~5119.69,~~	98406
5101.141, ~~5101.46,~~ 5101.461, 5101.54, 5119.41, 5153.163, or	98407
5153.165 of the Revised Code,;	98408

(iv) Title XX social services provided under section 5101.46	98409
of the Revised Code, other than ~~assistance~~such services provided	98410
~~under section 5101.46 of the Revised Code~~ by the department of	98411
~~mental health~~mental health and addiction services, the department	98412
of developmental disabilities, a board of alcohol, drug addiction,	98413
and mental health services, or a county board of developmental	98414
disabilities.	98415

(b) If the department of medicaid contracts with the	98416
department of job and family services to hear appeals authorized	98417
by section 5160.31 of the Revised Code regarding medical	98418
assistance programs, "family services program" includes medical	98419
assistance programs.	98420

(4) "Medical assistance program" has the same meaning as in	98421
section 5160.01 of the Revised Code.	98422

(B) Except as provided by divisions (G) and (H) of this	98423
section, an appellant who appeals under federal or state law a	98424
decision or order of an agency administering a family services	98425
program shall, at the appellant's request, be granted a state	98426
hearing by the department of job and family services. This state	98427
hearing shall be conducted in accordance with rules adopted under	98428
this section. The state hearing shall be recorded, but neither the	98429
recording nor a transcript of the recording shall be part of the	98430
official record of the proceeding. AExcept as provided in section	98431
5160.31 of the Revised Code, a state hearing decision is binding	98432
upon the agency and department, unless it is reversed or modified	98433
on appeal to the director of job and family services or a court of	98434
common pleas.	98435

(C) Except as provided by division (G) of this section, an	98436
appellant who disagrees with a state hearing decision may make an	98437
administrative appeal to the director of job and family services	98438
in accordance with rules adopted under this section. This	98439
administrative appeal does not require a hearing, but the director	98440
or the director's designee shall review the state hearing decision	98441
and previous administrative action and may affirm, modify, remand,	98442
or reverse the state hearing decision. An administrative appeal	98443
decision is the final decision of the department and, except as	98444
provided in section 5160.31 of the Revised Code, is binding upon	98445
the department and agency, unless it is reversed or modified on	98446
appeal to the court of common pleas.	98447

(D) An agency shall comply with a decision issued pursuant to	98448
division (B) or (C) of this section within the time limits	98449
established by rules adopted under this section. If a county	98450
department of job and family services or a public children	98451
services agency fails to comply within these time limits, the	98452
department may take action pursuant to section 5101.24 of the	98453
Revised Code. If another agency, other than the department of	98454
medicaid, fails to comply within the time limits, the department	98455
may force compliance by withholding funds due the agency or	98456
imposing another sanction established by rules adopted under this	98457
section.	98458

(E) An appellant who disagrees with an administrative appeal	98459
decision of the director of job and family services or the	98460
director's designee issued under division (C) of this section may	98461
appeal from the decision to the court of common pleas pursuant to	98462
section 119.12 of the Revised Code. The appeal shall be governed	98463
by section 119.12 of the Revised Code except that:	98464

(1) The person may appeal to the court of common pleas of the	98465
county in which the person resides, or to the court of common	98466
pleas of Franklin county if the person does not reside in this	98467
state.	98468

(2) The person may apply to the court for designation as an	98469
indigent and, if the court grants this application, the appellant	98470
shall not be required to furnish the costs of the appeal.	98471

(3) The appellant shall mail the notice of appeal to the	98472
department of job and family services and file notice of appeal	98473
with the court within thirty days after the department mails the	98474
administrative appeal decision to the appellant. For good cause	98475
shown, the court may extend the time for mailing and filing notice	98476
of appeal, but such time shall not exceed six months from the date	98477
the department mails the administrative appeal decision. Filing	98478
notice of appeal with the court shall be the only act necessary to	98479
vest jurisdiction in the court.	98480

(4) The department shall be required to file a transcript of	98481
the testimony of the state hearing with the court only if the	98482
court orders the department to file the transcript. The court	98483
shall make such an order only if it finds that the department and	98484
the appellant are unable to stipulate to the facts of the case and	98485
that the transcript is essential to a determination of the appeal.	98486
The department shall file the transcript not later than thirty	98487
days after the day such an order is issued.	98488

(F) The department of job and family services shall adopt	98489
rules in accordance with Chapter 119. of the Revised Code to	98490
implement this section, including rules governing the following:	98491

(1) State hearings under division (B) of this section. The	98492
rules shall include provisions regarding notice of eligibility	98493
termination and the opportunity of an appellant appealing a	98494
decision or order of a county department of job and family	98495
services to request a county conference with the county department	98496
before the state hearing is held.	98497

(2) Administrative appeals under division (C) of this	98498
section;	98499

(3) Time limits for complying with a decision issued under	98500
division (B) or (C) of this section;	98501

(4) Sanctions that may be applied against an agency under	98502
division (D) of this section.	98503

(G) The department of job and family services may adopt rules	98504
in accordance with Chapter 119. of the Revised Code establishing	98505
an appeals process for an appellant who appeals a decision or	98506
order regarding a Title IV-A program identified under division	98507
(A)(4)(c), (d), (e), or (f), or (g) of section 5101.80 of the	98508
Revised Code that is different from the appeals process	98509
established by this section. The different appeals process may	98510
include having a state agency that administers the Title IV-A	98511
program pursuant to an interagency agreement entered into under	98512
section 5101.801 of the Revised Code administer the appeals	98513
process.	98514

(H) If an appellant receiving medicaid through a health	98515
insuring corporation that holds a certificate of authority under	98516
Chapter 1751. of the Revised Code is appealing a denial of	98517
medicaid services based on lack of medical necessity or other	98518
clinical issues regarding coverage by the health insuring	98519
corporation, the person hearing the appeal may order an	98520
independent medical review if that person determines that a review	98521
is necessary. The review shall be performed by a health care	98522
professional with appropriate clinical expertise in treating the	98523
recipient's condition or disease. The department shall pay the	98524
costs associated with the review.	98525

A review ordered under this division shall be part of the	98526
record of the hearing and shall be given appropriate evidentiary	98527
consideration by the person hearing the appeal.	98528

(I) The requirements of Chapter 119. of the Revised Code	98529
apply to a state hearing or administrative appeal under this	98530
section only to the extent, if any, specifically provided by rules	98531
adopted under this section.	98532

Sec. 5101.36. Any application for public assistance gives a	98533
right of subrogation to the department of job and family services	98534
for any workers' compensation benefits payable to a person who is	98535
subject to a support order, as defined in section 3119.01 of the	98536
Revised Code, on behalf of the applicant, to the extent of any	98537
public assistance payments made on the applicant's behalf. If the	98538
director of job and family services, in consultation with a child	98539
support enforcement agency and the administrator of the bureau of	98540
workers' compensation, determines that a person responsible for	98541
support payments to a recipient of public assistance is receiving	98542
workers' compensation, the director shall notify the administrator	98543
of the amount of the benefit to be paid to the department of job	98544
and family services.	98545

For purposes of this section, "public assistance" means	98546
~~medical assistance provided through the medical assistance program~~	98547
~~established under section 5111.01 of the Revised Code;~~ Ohio works	98548
first provided under Chapter 5107. of the Revised Code;	98549
prevention, retention, and contingency benefits and services	98550
provided under Chapter 5108. of the Revised Code; or disability	98551
financial assistance provided under Chapter 5115. of the Revised	98552
Code.	98553

Sec. 5101.46. (A) As used in this section:

98554

(1) "Title XX" means Title XX of the "Social Security Act,"	98555
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	98556

(2) "Respective local agency" means, with respect to the	98557
department of job and family services, a county department of job	98558
and family services; with respect to the department of ~~mental~~	98559
~~health~~mental health and addiction services, a board of alcohol,	98560
drug addiction, and mental health services; and with respect to	98561
the department of developmental disabilities, a county board of	98562
developmental disabilities.	98563

(3) "Federal poverty guidelines" means the poverty guidelines	98564
as revised annually by the United States department of health and	98565
human services in accordance with section 673(2) of the "Omnibus	98566
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	98567
9902, as amended, for a family size equal to the size of the	98568
family of the person whose income is being determined.	98569

(B) The departments of job and family services, mental	98570
health, and developmental disabilities, with their respective	98571
local agencies, shall administer the provision of social services	98572
funded through grants made under Title XX. The social services	98573
furnished with Title XX funds shall be directed at the following	98574
goals:	98575

(1) Achieving or maintaining economic self-support to	98576
prevent, reduce, or eliminate dependency;	98577

(2) Achieving or maintaining self-sufficiency, including	98578
reduction or prevention of dependency;	98579

(3) Preventing or remedying neglect, abuse, or exploitation	98580
of children and adults unable to protect their own interests, or	98581
preserving, rehabilitating, or reuniting families;	98582

(4) Preventing or reducing inappropriate institutional care	98583
by providing for community-based care, home-based care, or other	98584
forms of less intensive care;	98585

(5) Securing referral or admission for institutional care	98586
when other forms of care are not appropriate, or providing	98587
services to individuals in institutions.	98588

(C)(1) All federal funds received under Title XX shall be	98589
appropriated as follows:	98590

(a) Seventy-two and one-half per cent to the department of	98591
job and family services;	98592

(b) Twelve and ninety-three one-hundredths per cent to the	98593
department of ~~mental health~~mental health and addiction services;	98594

(c) Fourteen and fifty-seven one-hundredths per cent to the	98595
department of developmental disabilities.	98596

(2) Each of the state departments shall, subject to the	98597
approval of the controlling board, develop a formula for the	98598
distribution of the Title XX funds appropriated to the department	98599
to its respective local agencies. The formula developed by each	98600
state department shall take into account all of the following for	98601
each of its respective local agencies:	98602

(a) The total population of the area that is served by the	98603
respective local agency;	98604

(b) The percentage of the population in the area served that	98605
falls below the federal poverty guidelines;	98606

(c) The respective local agency's history of and ability to	98607
utilize Title XX funds.	98608

(3) Each of the state departments shall expend for state	98609
administrative costs not more than three per cent of the Title XX	98610
funds appropriated to the department.	98611

Each state department shall establish for each of its	98612
respective local agencies the maximum percentage of the Title XX	98613
funds distributed to the respective local agency that the	98614
respective local agency may expend for local administrative costs.	98615
The percentage shall be established by rule and shall comply with	98616
federal law governing the use of Title XX funds. The rules shall	98617
be adopted in accordance with section 111.15 of the Revised Code	98618
as if they were internal management rules.	98619

(4) The department of job and family services shall expend	98620
for the training of the following not more than two per cent of	98621
the Title XX funds appropriated to the department:	98622

(a) Employees of county departments of job and family	98623
services;	98624

(b) Providers of services under contract with the state	98625
departments' respective local agencies;	98626

(c) Employees of a public children services agency directly	98627
engaged in providing Title XX services.	98628

(5) Title XX funds distributed for the purpose of providing	98629
family planning services shall be distributed by the respective	98630
local agencies according to the same order of priority that	98631
applies to the department of job and family services under section	98632
5101.101 of the Revised Code.	98633

(D) The department of job and family services shall prepare	98634
an annual comprehensive Title XX social services plan on the	98635
intended use of Title XX funds. The department shall develop a	98636
method for obtaining public comment during the development of the	98637
plan and following its completion.	98638

For each federal fiscal year, the department of job and	98639
family services shall prepare a report on the actual use of Title	98640
XX funds. The department shall make the annual report available	98641
for public inspection.	98642

The departments of ~~mental health~~mental health and addiction	98643
services and developmental disabilities shall prepare and submit	98644
to the department of job and family services the portions of each	98645
annual plan and report that apply to services for mental health	98646
and mental retardation and developmental disabilities. Each	98647
respective local agency of the three state departments shall	98648
submit information as necessary for the preparation of annual	98649
plans and reports.	98650

(E) Each county department of job and family services shall	98651
adopt a county profile for the administration and provision of	98652
Title XX social services in the county. In developing its county	98653
profile, the county department shall take into consideration the	98654
comments and recommendations received from the public by the	98655
county family services planning committee pursuant to section	98656
329.06 of the Revised Code. As part of its preparation of the	98657
county profile, the county department may prepare a local needs	98658
report analyzing the need for Title XX social services.	98659

The county department shall submit the county profile to the	98660
board of county commissioners for its review. Once the county	98661
profile has been approved by the board, the county department	98662
shall file a copy of the county profile with the department of job	98663
and family services. The department shall approve the county	98664
profile if the department determines the profile provides for the	98665
Title XX social services to meet the goals specified in division	98666
(B) of this section.	98667

(F) Any of the three state departments and their respective	98668
local agencies may require that an entity under contract to	98669
provide social services with Title XX funds submit to an audit on	98670
the basis of alleged misuse or improper accounting of funds. If an	98671
audit is required, the social services provider shall reimburse	98672
the state department or respective local agency for the cost it	98673
incurred in conducting the audit or having the audit conducted.	98674

If an audit demonstrates that a social services provider is	98675
responsible for one or more adverse findings, the provider shall	98676
reimburse the appropriate state department or its respective local	98677
agency the amount of the adverse findings. The amount shall not be	98678
reimbursed with Title XX funds received under this section. The	98679
three state departments and their respective local agencies may	98680
terminate or refuse to enter into a Title XX contract with a	98681
social services provider if there are adverse findings in an audit	98682
that are the responsibility of the provider.	98683

(G) Except with respect to the matters for which each of the	98684
state departments must adopt rules under division (C)(3) of this	98685
section, the department of job and family services may adopt any	98686
rules it considers necessary to implement and carry out the	98687
purposes of this section. Rules governing financial and	98688
operational matters of the department or matters between the	98689
department and county departments of job and family services shall	98690
be adopted as internal management rules in accordance with section	98691
111.15 of the Revised Code. Rules governing eligibility for	98692
services, program participation, and other matters pertaining to	98693
applicants and participants shall be adopted in accordance with	98694
Chapter 119. of the Revised Code.	98695

Sec. 5101.461. (A) As used in this section:

98696

(1) "Title IV-A" means Title IV-A of the "Social Security	98697
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	98698

(2) "Title XX" has the same meaning as in section 5101.46 of	98699
the Revised Code.	98700

(B) To the extent authorized by federal law, the department	98701
of job and family services may use funds received through the	98702
Title IV-A temporary assistance for needy families block grant for	98703
purposes of providing Title XX social services. The amount used	98704
under this section shall not exceed the maximum amount permitted	98705
by federal law. The funds and provision of Title XX social	98706
services with the funds are not subject to section 5101.46 of the	98707
Revised Code.	98708

Funds distributed under this section for the purpose of	98709
providing family planning services shall be distributed by a	98710
county department of job and family services according to the same	98711
order of priority that applies to the department of job and family	98712
services under section 5101.101 of the Revised Code.	98713

(C) The department and any county department of job and	98714
family services may require an entity under contract to provide	98715
Title XX social services with funds used under this section to	98716
submit to an audit on the basis of alleged misuse or improper	98717
accounting of funds. If an audit is required, the social services	98718
provider shall reimburse the state department or county department	98719
for the cost it incurred in conducting the audit or having the	98720
audit conducted.	98721

If an audit demonstrates that a social services provider is	98722
responsible for one or more adverse findings, the provider shall	98723
reimburse the state department or county department the amount of	98724
the adverse findings. The amount shall not be reimbursed with	98725
funds received under this section. The state department and county	98726
departments may terminate or refuse to enter into a contract with	98727
a social services provider to provide services with funds	98728
available pursuant to this section if there are adverse findings	98729
in an audit that are the responsibility of the provider.	98730

(D) The state department of job and family services may adopt	98731
rules to implement and carry out the purposes of this section.	98732
Rules governing financial and operational matters of the	98733
department or matters between the department and county	98734
departments of job and family services shall be adopted as	98735
internal management rules in accordance with section 111.15 of the	98736
Revised Code. Rules governing eligibility for services, program	98737
participation, and other matters pertaining to applicants and	98738
participants shall be adopted in accordance with Chapter 119. of	98739
the Revised Code.	98740

Sec. 5101.47. (A) Except as provided in divisions (B) and	98741
(C) of this section, the department of job and family services may	98742
accept applications, determine eligibility, redetermine	98743
eligibility, and perform related administrative activities for one	98744
or more of the following:	98745

(1) ~~The medicaid program established by Chapter 5111. of the~~	98746
~~Revised Code;~~	98747

~~(2) The children's health insurance program parts I, II, and~~	98748
~~III provided for under sections 5101.50 to 5101.529 of the Revised~~	98749
~~Code;~~	98750

~~(3)~~ Publicly funded child care provided under Chapter 5104.	98751
of the Revised Code;	98752

~~(4)~~(2) The supplemental nutrition assistance program	98753
administered by the department pursuant to section 5101.54 of the	98754
Revised Code;	98755

~~(5)~~(3) Other programs administered by the department that the	98756
director of job and family services determines are supportive of	98757
children, adults, or families;	98758

~~(6)~~(4) Other programs administered by the department	98759
regarding which the director determines administrative cost	98760
savings and efficiency may be achieved through the department	98761
accepting applications, determining eligibility, redetermining	98762
eligibility, or performing related administrative activities.	98763

(B) ~~To the extent permitted by federal law, the department~~	98764
~~may enter into agreements with one or more other state agencies,~~	98765
~~local government entities, or political subdivisions to accept~~	98766
~~applications, determine eligibility, redetermine eligibility, and~~	98767
~~perform related administrative activities on behalf of the~~	98768
~~department with respect to the medicaid program and the children's~~	98769
~~health insurance program.~~	98770

~~(C)~~ If federal law requires a face-to-face interview to	98771
complete an eligibility determination for a program specified in	98772
or pursuant to division (A) of this section, the face-to-face	98773
interview shall not be conducted by the department of job and	98774
family services.	98775

~~(D)~~(C) Subject to division ~~(C)~~(B) of this section, if the	98776
department elects to accept applications, determine eligibility,	98777
redetermine eligibility, and perform related administrative	98778
activities for a program specified in or pursuant to division (A)	98779
of this section, both of the following apply:	98780

(1) An individual seeking services under the program may	98781
apply for the program to the department or to the entity that	98782
state law governing the program authorizes to accept applications	98783
for the program.	98784

(2) The department is subject to federal statutes and	98785
regulations and state statutes and rules that require, permit, or	98786
prohibit an action regarding accepting applications, determining	98787
or redetermining eligibility, and performing related	98788
administrative activities for the program.	98789

~~(E)~~(D) The director may adopt rules as necessary to implement	98790
this section.	98791

Sec. 5101.49. The department of job and family services	98792
shall administer funds received under the "Refugee Act of 1980,"	98793
94 Stat. 102, 8 U.S.C.A. 1521, as amended. In administering the	98794
funds, the department may establish a refugee cash assistance	98795
program and a state legalization impact assistance program. The	98796
director of job and family services may adopt rules in accordance	98797
with section 111.15 of the Revised Code and issue appropriate	98798
orders as necessary for administration of these funds and	98799
programs.	98800

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	98801
Revised Code:	98802

(A) "Abuse" means the infliction upon an adult by self or	98803
others of injury, unreasonable confinement, intimidation, or cruel	98804
punishment with resulting physical harm, pain, or mental anguish.	98805

(B) "Adult" means any person sixty years of age or older	98806
within this state who is handicapped by the infirmities of aging	98807
or who has a physical or mental impairment which prevents the	98808
person from providing for the person's own care or protection, and	98809
who resides in an independent living arrangement. An "independent	98810
living arrangement" is a domicile of a person's own choosing,	98811
including, but not limited to, a private home, apartment, trailer,	98812
or rooming house. An "independent living arrangement" includes a	98813
residential facility licensed under section ~~5119.22~~5119.34 of the	98814
Revised Code that provides accommodations, supervision, and	98815
personal care services for three to sixteen unrelated adults, but	98816
does not include other institutions or facilities licensed by the	98817
state or facilities in which a person resides as a result of	98818
voluntary, civil, or criminal commitment.	98819

(C) "Caretaker" means the person assuming the responsibility	98820
for the care of an adult on a voluntary basis, by contract,	98821
through receipt of payment for care, as a result of a family	98822
relationship, or by order of a court of competent jurisdiction.	98823

(D) "Court" means the probate court in the county where an	98824
adult resides.	98825

(E) "Emergency" means that the adult is living in conditions	98826
which present a substantial risk of immediate and irreparable	98827
physical harm or death to self or any other person.	98828

(F) "Emergency services" means protective services furnished	98829
to an adult in an emergency.	98830

(G) "Exploitation" means the unlawful or improper act of a	98831
caretaker using an adult or an adult's resources for monetary or	98832
personal benefit, profit, or gain.	98833

(H) "In need of protective services" means an adult known or	98834
suspected to be suffering from abuse, neglect, or exploitation to	98835
an extent that either life is endangered or physical harm, mental	98836
anguish, or mental illness results or is likely to result.	98837

(I) "Incapacitated person" means a person who is impaired for	98838
any reason to the extent that the person lacks sufficient	98839
understanding or capacity to make and carry out reasonable	98840
decisions concerning the person's self or resources, with or	98841
without the assistance of a caretaker. Refusal to consent to the	98842
provision of services shall not be the sole determinative that the	98843
person is incapacitated. "Reasonable decisions" are decisions made	98844
in daily living which facilitate the provision of food, shelter,	98845
clothing, and health care necessary for life support.	98846

(J) "Mental illness" means a substantial disorder of thought,	98847
mood, perception, orientation, or memory that grossly impairs	98848
judgment, behavior, capacity to recognize reality, or ability to	98849
meet the ordinary demands of life.	98850

(K) "Neglect" means the failure of an adult to provide for	98851
self the goods or services necessary to avoid physical harm,	98852
mental anguish, or mental illness or the failure of a caretaker to	98853
provide such goods or services.	98854

(L) "Peace officer" means a peace officer as defined in	98855
section 2935.01 of the Revised Code.	98856

(M) "Physical harm" means bodily pain, injury, impairment, or	98857
disease suffered by an adult.	98858

(N) "Protective services" means services provided by the	98859
county department of job and family services or its designated	98860
agency to an adult who has been determined by evaluation to	98861
require such services for the prevention, correction, or	98862
discontinuance of an act of as well as conditions resulting from	98863
abuse, neglect, or exploitation. Protective services may include,	98864
but are not limited to, case work services, medical care, mental	98865
health services, legal services, fiscal management, home health	98866
care, homemaker services, housing-related services, guardianship	98867
services, and placement services as well as the provision of such	98868
commodities as food, clothing, and shelter.	98869

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	98870
and Friday, except when such day is a holiday as defined in	98871
section 1.14 of the Revised Code.	98872

Sec. 5101.61. (A) As used in this section:

98873

(1) "Senior service provider" means any person who provides	98874
care or services to a person who is an adult as defined in	98875
division (B) of section 5101.60 of the Revised Code.	98876

(2) "Ambulatory health facility" means a nonprofit, public or	98877
proprietary freestanding organization or a unit of such an agency	98878
or organization that:	98879

(a) Provides preventive, diagnostic, therapeutic,	98880
rehabilitative, or palliative items or services furnished to an	98881
outpatient or ambulatory patient, by or under the direction of a	98882
physician or dentist in a facility which is not a part of a	98883
hospital, but which is organized and operated to provide medical	98884
care to outpatients;	98885

(b) Has health and medical care policies which are developed	98886
with the advice of, and with the provision of review of such	98887
policies, an advisory committee of professional personnel,	98888
including one or more physicians, one or more dentists, if dental	98889
care is provided, and one or more registered nurses;	98890

(c) Has a medical director, a dental director, if dental care	98891
is provided, and a nursing director responsible for the execution	98892
of such policies, and has physicians, dentists, nursing, and	98893
ancillary staff appropriate to the scope of services provided;	98894

(d) Requires that the health care and medical care of every	98895
patient be under the supervision of a physician, provides for	98896
medical care in a case of emergency, has in effect a written	98897
agreement with one or more hospitals and other centers or clinics,	98898
and has an established patient referral system to other resources,	98899
and a utilization review plan and program;	98900

(e) Maintains clinical records on all patients;

98901

(f) Provides nursing services and other therapeutic services	98902
in accordance with programs and policies, with such services	98903
supervised by a registered professional nurse, and has a	98904
registered professional nurse on duty at all times of clinical	98905
operations;	98906

(g) Provides approved methods and procedures for the	98907
dispensing and administration of drugs and biologicals;	98908

(h) Has established an accounting and record keeping system	98909
to determine reasonable and allowable costs;	98910

(i) "Ambulatory health facilities" also includes an	98911
alcoholism treatment facility approved by the joint commission on	98912
accreditation of healthcare organizations as an alcoholism	98913
treatment facility or certified by the department of ~~alcohol and~~	98914
~~drug addiction services~~mental health and addiction services, and	98915
such facility shall comply with other provisions of this division	98916
not inconsistent with such accreditation or certification.	98917

(3) "Community mental health facility" means a facility which	98918
provides community mental health services and is included in the	98919
comprehensive mental health plan for the alcohol, drug addiction,	98920
and mental health service district in which it is located.	98921

(4) "Community mental health service" means services, other	98922
than inpatient services, provided by a community mental health	98923
facility.	98924

(5) "Home health agency" means an institution or a distinct	98925
part of an institution operated in this state which:	98926

(a) Is primarily engaged in providing home health services;

98927

(b) Has home health policies which are established by a group	98928
of professional personnel, including one or more duly licensed	98929
doctors of medicine or osteopathy and one or more registered	98930
professional nurses, to govern the home health services it	98931
provides and which includes a requirement that every patient must	98932
be under the care of a duly licensed doctor of medicine or	98933
osteopathy;	98934

(c) Is under the supervision of a duly licensed doctor of	98935
medicine or doctor of osteopathy or a registered professional	98936
nurse who is responsible for the execution of such home health	98937
policies;	98938

(d) Maintains comprehensive records on all patients;

98939

(e) Is operated by the state, a political subdivision, or an	98940
agency of either, or is operated not for profit in this state and	98941
is licensed or registered, if required, pursuant to law by the	98942
appropriate department of the state, county, or municipality in	98943
which it furnishes services; or is operated for profit in this	98944
state, meets all the requirements specified in divisions (A)(5)(a)	98945
to (d) of this section, and is certified under Title XVIII of the	98946
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	98947
amended.	98948

(6) "Home health service" means the following items and	98949
services, provided, except as provided in division (A)(6)(g) of	98950
this section, on a visiting basis in a place of residence used as	98951
the patient's home:	98952

(a) Nursing care provided by or under the supervision of a	98953
registered professional nurse;	98954

(b) Physical, occupational, or speech therapy ordered by the	98955
patient's attending physician;	98956

(c) Medical social services performed by or under the	98957
supervision of a qualified medical or psychiatric social worker	98958
and under the direction of the patient's attending physician;	98959

(d) Personal health care of the patient performed by aides in	98960
accordance with the orders of a doctor of medicine or osteopathy	98961
and under the supervision of a registered professional nurse;	98962

(e) Medical supplies and the use of medical appliances;

98963

(f) Medical services of interns and residents-in-training	98964
under an approved teaching program of a nonprofit hospital and	98965
under the direction and supervision of the patient's attending	98966
physician;	98967

(g) Any of the foregoing items and services which:

98968

(i) Are provided on an outpatient basis under arrangements	98969
made by the home health agency at a hospital or skilled nursing	98970
facility;	98971

(ii) Involve the use of equipment of such a nature that the	98972
items and services cannot readily be made available to the patient	98973
in the patient's place of residence, or which are furnished at the	98974
hospital or skilled nursing facility while the patient is there to	98975
receive any item or service involving the use of such equipment.	98976

Any attorney, physician, osteopath, podiatrist, chiropractor,	98977
dentist, psychologist, any employee of a hospital as defined in	98978
section 3701.01 of the Revised Code, any nurse licensed under	98979
Chapter 4723. of the Revised Code, any employee of an ambulatory	98980
health facility, any employee of a home health agency, any	98981
employee of a residential facility licensed under section ~~5119.22~~	98982
5119.34 of the Revised Code that provides accommodations,	98983
supervision, and personal care services for three to sixteen	98984
unrelated adults, any employee of a nursing home, residential care	98985
facility, or home for the aging, as defined in section 3721.01 of	98986
the Revised Code, any senior service provider, any peace officer,	98987
coroner, member of the clergy, any employee of a community mental	98988
health facility, and any person engaged in social work or	98989
counseling having reasonable cause to believe that an adult is	98990
being abused, neglected, or exploited, or is in a condition which	98991
is the result of abuse, neglect, or exploitation shall immediately	98992
report such belief to the county department of job and family	98993
services. This section does not apply to employees of any hospital	98994
or public hospital as defined in section 5122.01 of the Revised	98995
Code.	98996

(B) Any person having reasonable cause to believe that an	98997
adult has suffered abuse, neglect, or exploitation may report, or	98998
cause reports to be made of such belief to the department.	98999

(C) The reports made under this section shall be made orally	99000
or in writing except that oral reports shall be followed by a	99001
written report if a written report is requested by the department.	99002
Written reports shall include:	99003

(1) The name, address, and approximate age of the adult who	99004
is the subject of the report;	99005

(2) The name and address of the individual responsible for	99006
the adult's care, if any individual is, and if the individual is	99007
known;	99008

(3) The nature and extent of the alleged abuse, neglect, or	99009
exploitation of the adult;	99010

(4) The basis of the reporter's belief that the adult has	99011
been abused, neglected, or exploited.	99012

(D) Any person with reasonable cause to believe that an adult	99013
is suffering abuse, neglect, or exploitation who makes a report	99014
pursuant to this section or who testifies in any administrative or	99015
judicial proceeding arising from such a report, or any employee of	99016
the state or any of its subdivisions who is discharging	99017
responsibilities under section 5101.62 of the Revised Code shall	99018
be immune from civil or criminal liability on account of such	99019
investigation, report, or testimony, except liability for perjury,	99020
unless the person has acted in bad faith or with malicious	99021
purpose.	99022

(E) No employer or any other person with the authority to do	99023
so shall discharge, demote, transfer, prepare a negative work	99024
performance evaluation, or reduce benefits, pay, or work	99025
privileges, or take any other action detrimental to an employee or	99026
in any way retaliate against an employee as a result of the	99027
employee's having filed a report under this section.	99028

(F) Neither the written or oral report provided for in this	99029
section nor the investigatory report provided for in section	99030
5101.62 of the Revised Code shall be considered a public record as	99031
defined in section 149.43 of the Revised Code. Information	99032
contained in the report shall upon request be made available to	99033
the adult who is the subject of the report, to agencies authorized	99034
by the department to receive information contained in the report,	99035
and to legal counsel for the adult.	99036

Sec. 5101.80. (A) As used in this section and in section	99037
5101.801 of the Revised Code:	99038

(1) "County family services agency" has the same meaning as	99039
in section 307.981 of the Revised Code.	99040

(2) "State agency" has the same meaning as in section 9.82 of	99041
the Revised Code.	99042

(3) "Title IV-A administrative agency" means both of the	99043
following:	99044

(a) A county family services agency or state agency	99045
administering a Title IV-A program under the supervision of the	99046
department of job and family services;	99047

(b) A government agency or private, not-for-profit entity	99048
administering a project funded in whole or in part with funds	99049
provided under the Title IV-A demonstration program created under	99050
section 5101.803 of the Revised Code.	99051

(4) "Title IV-A program" means all of the following that are	99052
funded in part with funds provided under the temporary assistance	99053
for needy families block grant established by Title IV-A of the	99054
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	99055
amended:	99056

(a) The Ohio works first program established under Chapter	99057
5107. of the Revised Code;	99058

(b) The prevention, retention, and contingency program	99059
established under Chapter 5108. of the Revised Code;	99060

(c) A program established by the general assembly or an	99061
executive order issued by the governor that is administered or	99062
supervised by the department of job and family services pursuant	99063
to section 5101.801 of the Revised Code;	99064

(d) The kinship permanency incentive program created under	99065
section 5101.802 of the Revised Code;	99066

(e) The Title IV-A demonstration program created under	99067
section 5101.803 of the Revised Code;	99068

(f) The Ohio parenting and pregnancy program created under	99069
section 5101.804 of the Revised Code;	99070

(g) A component of a Title IV-A program identified under	99071
divisions (A)(4)(a) to ~~(e)~~(f) of this section that the Title IV-A	99072
state plan prepared under division (C)(1) of this section	99073
identifies as a component.	99074

(B) The department of job and family services shall act as	99075
the single state agency to administer and supervise the	99076
administration of Title IV-A programs. The Title IV-A state plan	99077
and amendments to the plan prepared under division (C) of this	99078
section are binding on Title IV-A administrative agencies. No	99079
Title IV-A administrative agency may establish, by rule or	99080
otherwise, a policy governing a Title IV-A program that is	99081
inconsistent with a Title IV-A program policy established, in rule	99082
or otherwise, by the director of job and family services.	99083

(C) The department of job and family services shall do all of	99084
the following:	99085

(1) Prepare and submit to the United States secretary of	99086
health and human services a Title IV-A state plan for Title IV-A	99087
programs;	99088

(2) Prepare and submit to the United States secretary of	99089
health and human services amendments to the Title IV-A state plan	99090
that the department determines necessary, including amendments	99091
necessary to implement Title IV-A programs identified in divisions	99092
(A)(4)(c) to ~~(f)~~(g) of this section;	99093

(3) Prescribe forms for applications, certificates, reports,	99094
records, and accounts of Title IV-A administrative agencies, and	99095
other matters related to Title IV-A programs;	99096

(4) Make such reports, in such form and containing such	99097
information as the department may find necessary to assure the	99098
correctness and verification of such reports, regarding Title IV-A	99099
programs;	99100

(5) Require reports and information from each Title IV-A	99101
administrative agency as may be necessary or advisable regarding a	99102
Title IV-A program;	99103

(6) Afford a fair hearing in accordance with section 5101.35	99104
of the Revised Code to any applicant for, or participant or former	99105
participant of, a Title IV-A program aggrieved by a decision	99106
regarding the program;	99107

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	99108
and 5108. of the Revised Code and sections 5101.801, 5101.802, ~~and~~	99109
5101.803, and 5101.804 of the Revised Code, any sums appropriated	99110
by the general assembly for the purpose of those chapters and	99111
sections and all sums paid to the state by the secretary of the	99112
treasury of the United States as authorized by Title IV-A of the	99113
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	99114
amended;	99115

(8) Conduct investigations and audits as are necessary	99116
regarding Title IV-A programs;	99117

(9) Enter into reciprocal agreements with other states	99118
relative to the provision of Ohio works first and prevention,	99119
retention, and contingency to residents and nonresidents;	99120

(10) Contract with a private entity to conduct an independent	99121
on-going evaluation of the Ohio works first program and the	99122
prevention, retention, and contingency program. The contract must	99123
require the private entity to do all of the following:	99124

(a) Examine issues of process, practice, impact, and	99125
outcomes;	99126

(b) Study former participants of Ohio works first who have	99127
not participated in Ohio works first for at least one year to	99128
determine whether they are employed, the type of employment in	99129
which they are engaged, the amount of compensation they are	99130
receiving, whether their employer provides health insurance,	99131
whether and how often they have received benefits or services	99132
under the prevention, retention, and contingency program, and	99133
whether they are successfully self sufficient;	99134

(c) Provide the department with reports at times the	99135
department specifies.	99136

(11) Not later than the last day of each January and July,	99137
prepare a report containing information on the following:	99138

(a) Individuals exhausting the time limits for participation	99139
in Ohio works first set forth in section 5107.18 of the Revised	99140
Code.	99141

(b) Individuals who have been exempted from the time limits	99142
set forth in section 5107.18 of the Revised Code and the reasons	99143
for the exemption.	99144

(D) The department shall provide copies of the reports it	99145
receives under division (C)(10) of this section and prepares under	99146
division (C)(11) of this section to the governor, the president	99147
and minority leader of the senate, and the speaker and minority	99148
leader of the house of representatives. The department shall	99149
provide copies of the reports to any private or government entity	99150
on request.	99151

(E) An authorized representative of the department or a	99152
county family services agency or state agency administering a	99153
Title IV-A program shall have access to all records and	99154
information bearing thereon for the purposes of investigations	99155
conducted pursuant to this section. An authorized representative	99156
of a government entity or private, not-for-profit entity	99157
administering a project funded in whole or in part with funds	99158
provided under the Title IV-A demonstration program shall have	99159
access to all records and information bearing on the project for	99160
the purpose of investigations conducted pursuant to this section.	99161

Sec. 5101.801. (A) Except as otherwise provided by the law	99162
enacted by the general assembly or executive order issued by the	99163
governor establishing the Title IV-A program, a Title IV-A program	99164
identified under division (A)(4)(c), (d), (e), or (f), or (g) of	99165
section 5101.80 of the Revised Code shall provide benefits and	99166
services that are not "assistance" as defined in 45 C.F.R.	99167
260.31(a) and are benefits and services that 45 C.F.R. 260.31(b)	99168
excludes from the definition of assistance.	99169

(B)(1) Except as otherwise provided by the law enacted by the	99170
general assembly or executive order issued by the governor	99171
establishing the Title IV-A program, the department of job and	99172
family services shall do either of the following regarding a Title	99173
IV-A program identified under division (A)(4)(c), (d), (e), or	99174
(f), or (g) of section 5101.80 of the Revised Code:	99175

(a) Administer the program or supervise a county family	99176
services agency's administration of the program;	99177

(b) Enter into an interagency agreement with a state agency	99178
for the state agency to administer the program under the	99179
department's supervision.	99180

(2) The department may enter into an agreement with a	99181
government entity and, to the extent permitted by federal law, a	99182
private, not-for-profit entity for the entity to receive funding	99183
for a project under the Title IV-A demonstration program created	99184
under section 5101.803 of the Revised Code.	99185

(3) To the extent permitted by federal law, the department	99186
may enter into an agreement with a private, not-for-profit entity	99187
for the entity to receive funds under the Ohio parenting and	99188
pregnancy program created under section 5101.804 of the Revised	99189
Code.	99190

(C) The department may adopt rules governing Title IV-A	99191
programs identified under divisions (A)(4)(c), (d), (e), ~~and~~ (f),	99192
and (g) of section 5101.80 of the Revised Code. Rules governing	99193
financial and operational matters of the department or between the	99194
department and county family services agencies shall be adopted as	99195
internal management rules adopted in accordance with section	99196
111.15 of the Revised Code. All other rules shall be adopted in	99197
accordance with Chapter 119. of the Revised Code.	99198

(D) If the department enters into an agreement regarding a	99199
Title IV-A program identified under division (A)(4)(c), (e), or	99200
(f), or (g) of section 5101.80 of the Revised Code pursuant to	99201
division (B)(1)(b) or (2) of this section, the agreement shall	99202
include at least all of the following:	99203

(1) A requirement that the state agency or entity comply with	99204
the requirements for the program or project, including all of the	99205
following requirements established by federal statutes and	99206
regulations, state statutes and rules, the United States office of	99207
management and budget, and the Title IV-A state plan prepared	99208
under section 5101.80 of the Revised Code:	99209

(a) Eligibility;

99210

(b) Reports;

99211

99212

(d) Use of funds;

99213

(e) Appeals for applicants for, and recipients and former	99214
recipients of, the benefits and services;	99215

(f) Audits.

99216

(2) A complete description of all of the following:

99217

(a) The benefits and services that the program or project is	99218
to provide;	99219

(b) The methods of program or project administration;

99220

(c) The appeals process under section 5101.35 of the Revised	99221
Code for applicants for, and recipients and former recipients of,	99222
the program or project's benefits and services;	99223

(d) Other requirements that the department requires be	99224
included.	99225

(3) Procedures for the department to approve a policy,	99226
established by rule or otherwise, that the state agency or entity	99227
establishes for the program or project before the policy is	99228
established;	99229

(4) Provisions regarding how the department is to reimburse	99230
the state agency or entity for allowable expenditures under the	99231
program or project that the department approves, including all of	99232
the following:	99233

(a) Limitations on administrative costs;

99234

(b) The department, at its discretion, doing either of the	99235
following:	99236

(i) Withholding no more than five per cent of the funds that	99237
the department would otherwise provide to the state agency or	99238
entity for the program or project;	99239

(ii) Charging the state agency or entity for the costs to the	99240
department of performing, or contracting for the performance of,	99241
audits and other administrative functions associated with the	99242
program or project.	99243

(5) If the state agency or entity arranges by contract,	99244
grant, or other agreement for another entity to perform a function	99245
the state agency or entity would otherwise perform regarding the	99246
program or project, the state agency or entity's responsibilities	99247
for both of the following:	99248

(a) Ensuring that the other entity complies with the	99249
agreement between the state agency or entity and department and	99250
federal statutes and regulations and state statutes and rules	99251
governing the use of funds for the program or project;	99252

(b) Auditing the other entity in accordance with requirements	99253
established by the United States office of management and budget.	99254

(6) The state agency or entity's responsibilities regarding	99255
the prompt payment, including any interest assessed, of any	99256
adverse audit finding, final disallowance of federal funds, or	99257
other sanction or penalty imposed by the federal government,	99258
auditor of state, department, a court, or other entity regarding	99259
funds for the program or project;	99260

(7) Provisions for the department to terminate the agreement	99261
or withhold reimbursement from the state agency or entity if	99262
either of the following occur:	99263

(a) The federal government disapproves the program or project	99264
or reduces federal funds for the program or project;	99265

(b) The state agency or entity fails to comply with the terms	99266
of the agreement.	99267

(8) Provisions for both of the following:

99268

(a) The department and state agency or entity determining the	99269
performance outcomes expected for the program or project;	99270

(b) An evaluation of the program or project to determine its	99271
success in achieving the performance outcomes determined under	99272
division (D)(8)(a) of this section.	99273

(E) To the extent consistent with the law enacted by the	99274
general assembly or executive order issued by the governor	99275
establishing the Title IV-A program and subject to the approval of	99276
the director of budget and management, the director of job and	99277
family services may terminate a Title IV-A program identified	99278
under division (A)(4)(c), (d), (e), or (f), or (g) of section	99279
5101.80 of the Revised Code or reduce funding for the program if	99280
the director of job and family services determines that federal or	99281
state funds are insufficient to fund the program. If the director	99282
of budget and management approves the termination or reduction in	99283
funding for such a program, the director of job and family	99284
services shall issue instructions for the termination or funding	99285
reduction. If a Title IV-A administrative agency is administering	99286
the program, the agency is bound by the termination or funding	99287
reduction and shall comply with the director's instructions.	99288

(F) The director of job and family services may adopt	99289
internal management rules in accordance with section 111.15 of the	99290
Revised Code as necessary to implement this section. The rules are	99291
binding on each Title IV-A administrative agency.	99292

Sec. 5101.803. (A) Subject to division (E) of section	99293
5101.801 of the Revised Code, there is hereby created the Title	99294
IV-A demonstration program to provide funding for innovative and	99295
promising prevention and intervention projects that meet one or	99296
more of the four purposes of the temporary assistance for needy	99297
families block grant as specified in 42 U.S.C. 601 and are for	99298
individuals with specific and multiple barriers to achieving or	99299
maintaining self-sufficiency and personal responsibility. The	99300
department of job and family services may provide funding for such	99301
projects to government entities and, to the extent permitted by	99302
federal law, private, not-for-profit entities with which the	99303
department enters into agreements under division (B)(2) of section	99304
5101.801 of the Revised Code.	99305

In accordance with criteria the department develops, the	99306
department may solicit proposals ~~for~~from entities seeking to	99307
enter into an agreement with the department under division (B)(2)	99308
of section 5101.801 of the Revised Code. The department may enter	99309
into such agreements with entities that do both of the following:	99310

(1) Meet the proposals' criteria;

99311

(2) If the entity's proposed project does not potentially	99312
affect persons in each county of the state, provides the	99313
department evidence that the entity has notified, in writing, the	99314
county department of job and family services of each county where	99315
persons may be affected by the implementation of the project.	99316

(B) In developing the criteria, soliciting the proposals, and	99317
entering in the agreements, the department shall comply with all	99318
applicable federal and state laws, the Title IV-A state plan	99319
submitted to the United States secretary of health and human	99320
services under section 5101.80 of the Revised Code, amendments to	99321
the Title IV-A state plan submitted to the United States secretary	99322
under that section, and federal waivers the United States	99323
secretary grants.	99324

(C) The department shall begin implementation of the Title	99325
IV-A demonstration program no later than January 1, 2006.	99326

Sec. 5101.804. (A) Subject to division (E) of section	99327
5101.801 of the Revised Code, there is hereby created the Ohio	99328
parenting and pregnancy program to provide services for pregnant	99329
women and parents or other relatives caring for children twelve	99330
months of age or younger that do both of the following:	99331

(1) Promote childbirth, parenting, and alternatives to	99332
abortion;	99333

(2) Meet one or more of the four purposes of the temporary	99334
assistance for needy families block grant as specified in 42	99335
U.S.C. 601.	99336

(B) To the extent permitted by federal law, the department of	99337
job and family services may provide funds under the program to	99338
entities with which the department enters into agreements under	99339
division (B)(3) of section 5101.801 of the Revised Code. In	99340
accordance with criteria the department develops, the department	99341
may solicit proposals from entities seeking to provide services	99342
under the program. The department may enter into an agreement with	99343
an entity only if it meets all of the following conditions:	99344

(1) Is a private, not-for-profit entity;

99345

(2) Is an entity whose primary purpose is to promote	99346
childbirth, rather than abortion, through counseling and other	99347
services, including parenting and adoption support;	99348

(3) Provides services to pregnant women and parents or other	99349
relatives caring for children twelve months of age or younger,	99350
including clothing, counseling, diapers, food, furniture, health	99351
care, parenting classes, postpartum recovery, shelter, and any	99352
other supportive services, programs, or related outreach;	99353

(4) Does not charge pregnant women and parents or other	99354
relatives caring for children twelve months of age or younger a	99355
fee for any services received;	99356

(5) Is not involved in or associated with any abortion	99357
activities, including providing abortion counseling or referrals	99358
to abortion clinics, performing abortion-related medical	99359
procedures, or engaging in pro-abortion advertising;	99360

(6) Does not discriminate in its provision of services on the	99361
basis of race, religion, color, age, marital status, national	99362
origin, disability, or gender.	99363

(C) An entity that has entered into an agreement with the	99364
department under division (B)(3) of section 5101.801 of the	99365
Revised Code may enter into a subcontract with another entity	99366
under which the other entity provides all or part of the services	99367
described in division (B)(3) of this section. A subcontract may be	99368
entered into with another entity only if that entity meets all of	99369
the following conditions:	99370

(1) Is a private, not-for-profit entity;

99371

(2) Is physically and financially separate from any entity,	99372
or component of an entity, that engages in abortion activities;	99373

(3) Is not involved in or associated with any abortion	99374
activities, including providing abortion counseling or referrals	99375
to abortion clinics, performing abortion-related medical	99376
procedures, or engaging in pro-abortion advertising.	99377

(D) The director of job and family services shall adopt rules	99378
under division (C) of section 5101.801 of the Revised Code as	99379
necessary to implement the Ohio parenting and pregnancy program.	99380

Sec. 5103.02. As used in sections 5103.03 to 5103.17 of the	99381
Revised Code:	99382

(A)(1) "Association" or "institution" includes ~~any~~all of the	99383
following:	99384

(a) Any incorporated or unincorporated organization, society,	99385
association, or agency, public or private, that receives or cares	99386
for children for two or more consecutive weeks; ~~any~~	99387

(b) Any individual, including the operator of a foster home,	99388
who, for hire, gain, or reward, receives or cares for children for	99389
two or more consecutive weeks, unless the individual is related to	99390
them by blood or marriage; ~~and any~~	99391

(c) Any individual not in the regular employ of a court, or	99392
of an institution or association certified in accordance with	99393
section 5103.03 of the Revised Code, who in any manner becomes a	99394
party to the placing of children in foster homes, unless the	99395
individual is related to such children by blood or marriage, or is	99396
the appointed guardian of such children~~; provided, that any~~.	99397

(2) "Association" or "institution" does not include any of	99398
the following:	99399

(a) Any organization, society, association, school, agency,	99400
child guidance center, detention or rehabilitation facility, or	99401
children's clinic licensed, regulated, approved, operated under	99402
the direction of, or otherwise certified by the department of	99403
education, a local board of education, the department of youth	99404
services, the department of ~~mental health~~mental health and	99405
addiction services, or the department of developmental	99406
disabilities~~, or any~~;	99407

(b) Any individual who provides care for only a single-family	99408
group, placed there by their parents or other relative having	99409
custody~~, shall not be considered as being within the purview of~~	99410
~~these sections~~;	99411

99412

(B) "Family foster home" means a foster home that is not a	99413
specialized foster home.	99414

(C) "Foster caregiver" means a person holding a valid foster	99415
home certificate issued under section 5103.03 of the Revised Code.	99416

(D) "Foster home" means a private residence in which children	99417
are received apart from their parents, guardian, or legal	99418
custodian, by an individual reimbursed for providing the children	99419
nonsecure care, supervision, or training twenty-four hours a day.	99420
"Foster home" does not include care provided for a child in the	99421
home of a person other than the child's parent, guardian, or legal	99422
custodian while the parent, guardian, or legal custodian is	99423
temporarily away. Family foster homes and specialized foster homes	99424
are types of foster homes.	99425

(E) "Medically fragile foster home" means a foster home that	99426
provides specialized medical services designed to meet the needs	99427
of children with intensive health care needs who meet all of the	99428
following criteria:	99429

(1) Under rules adopted by the ~~department of job and family~~	99430
~~services~~medicaid director governing ~~payment under Chapter 5111.~~	99431
~~of the Revised Code~~medicaid payments for long-term care services,	99432
the children require a skilled level of care.	99433

(2) The children require the services of a doctor of medicine	99434
or osteopathic medicine at least once a week due to the	99435
instability of their medical conditions.	99436

(3) The children require the services of a registered nurse	99437
on a daily basis.	99438

(4) The children are at risk of institutionalization in a	99439
hospital, skilled nursing facility, or intermediate care facility	99440
for ~~the mentally retarded~~individuals with intellectual	99441
disabilities.	99442

(F) "Recommending agency" means a public children services	99443
agency, private child placing agency, or private noncustodial	99444
agency that recommends that the department of job and family	99445
services take any of the following actions under section 5103.03	99446
of the Revised Code regarding a foster home:	99447

(1) Issue a certificate;

99448

(2) Deny a certificate;

99449

(3) Renew a certificate;

99450

(4) Deny renewal of a certificate;

99451

(5) Revoke a certificate.

99452

(G) "Specialized foster home" means a medically fragile	99453
foster home or a treatment foster home.	99454

(H) "Treatment foster home" means a foster home that	99455
incorporates special rehabilitative services designed to treat the	99456
specific needs of the children received in the foster home and	99457
that receives and cares for children who are emotionally or	99458
behaviorally disturbed, chemically dependent, mentally retarded,	99459
developmentally disabled, or who otherwise have exceptional needs.	99460

(I) "Therapeutic wilderness camp" means a structured,	99461
alternative residential setting for children who are experiencing	99462
emotional, behavioral, moral, social, or learning difficulties at	99463
home or school in which both of the following are the case:	99464

(1) The children spend the majority of their time, including	99465
overnight, either outdoors or in a primitive structure;	99466

(2) The children have been placed there by their parents or	99467
another relative having custody.	99468

Sec. 5103.0323. (A) As used in this section, ~~"government~~	99469
~~auditing standards" means the government auditing standards~~	99470
~~published by the comptroller general of the United States general~~	99471
~~accounting office~~"American institute of certified public	99472
accountants auditing standards" and "AICPA auditing standards"	99473
mean the auditing standards published by the American institute of	99474
certified public accountants.	99475

(B) The first time that a private child placing agency or	99476
private noncustodial agency seeks renewal of a certificate issued	99477
under section 5103.03 of the Revised Code, it shall provide the	99478
department of job and family services, as a condition of renewal,	99479
evidence of an independent financial statement audit ~~of its first~~	99480
~~year of certification, unless the auditor of state has audited the~~	99481
~~agency during that year and the audit sets forth that no money has~~	99482
~~been illegally expended, converted, misappropriated, or is~~	99483
~~unaccounted for or sets forth findings that are inconsequential,~~	99484
~~as defined by government~~performed by a licensed public accounting	99485
firm following applicable AICPA auditing standards for the most	99486
recent fiscal year. Thereafter, when an agency seeks renewal of	99487
its certificate, it shall provide the department evidence of an	99488
independent financial statement audit performed by a licensed	99489
public accounting firm following applicable AICPA auditing	99490
standards for the two most recent previous fiscal years it is	99491
possible for an independent audit to have been conducted~~, unless~~	99492
~~the auditor of state has audited the agency during those years and~~	99493
~~the audit sets forth that no money has been illegally expended,~~	99494
~~converted, misappropriated, or is unaccounted for or sets forth~~	99495
~~findings that are inconsequential, as defined by government~~	99496
~~auditing standards~~.	99497

(C) For an agency to be eligible for renewal, the independent	99498
audits must demonstrate that the agency operated in a fiscally	99499
accountable manner ~~in accordance with state laws and rules and any~~	99500
~~agreement between the agency and a public children services~~	99501
~~agency.~~	99502

~~All audits required by this section shall be conducted in~~	99503
~~accordance with generally accepted government auditing standards~~	99504
as determined by the department of job and family services.	99505

(D) The director of job and family services may adopt rules	99506
as necessary to implement this section. The director shall adopt	99507
the rules in accordance with section 111.15 of the Revised Code.	99508

Sec. 5103.05. (A) A therapeutic wilderness camp annually	99509
shall certify in a report to the parents of the children attending	99510
the camp that the camp meets the minimum standards for such camps	99511
specified in division (B) of this section. The camp shall file a	99512
copy of each report with the department of job and family	99513
services.	99514

(B) The camp shall comply with the criminal records check	99515
requirements that apply to residential camps pursuant to section	99516
2151.86 of the Revised Code.	99517

The camp shall comply with the requirements established in	99518
rules adopted by the department of health that apply to camps.	99519

Sec. 5103.13. (A) As used in this section and section	99520
5103.131 of the Revised Code:	99521

(1)(a) "Children's crisis care facility" means a facility	99522
that has as its primary purpose the provision of residential and	99523
other care to either or both of the following:	99524

(i) One or more preteens voluntarily placed in the facility	99525
by the preteen's parent or other caretaker who is facing a crisis	99526
that causes the parent or other caretaker to seek temporary care	99527
for the preteen and referral for support services;	99528

(ii) One or more preteens placed in the facility by a public	99529
children services agency or private child placing agency that has	99530
legal custody or permanent custody of the preteen and determines	99531
that an emergency situation exists necessitating the preteen's	99532
placement in the facility rather than an institution certified	99533
under section 5103.03 of the Revised Code or elsewhere.	99534

(b) "Children's crisis care facility" does not include either	99535
of the following:	99536

(i) Any organization, society, association, school, agency,	99537
child guidance center, detention or rehabilitation facility, or	99538
children's clinic licensed, regulated, approved, operated under	99539
the direction of, or otherwise certified by the department of	99540
education, a local board of education, the department of youth	99541
services, the department of ~~mental health~~mental health and	99542
addiction services, or the department of developmental	99543
disabilities;	99544

(ii) Any individual who provides care for only a	99545
single-family group, placed there by their parents or other	99546
relative having custody.	99547

(2) "Legal custody" and "permanent custody" have the same	99548
meanings as in section 2151.011 of the Revised Code.	99549

(3) "Preteen" means an individual under thirteen years of	99550
age.	99551

(B) No person shall operate a children's crisis care facility	99552
or hold a children's crisis care facility out as a certified	99553
children's crisis care facility unless there is a valid children's	99554
crisis care facility certificate issued under this section for the	99555
facility.	99556

(C) A person seeking to operate a children's crisis care	99557
facility shall apply to the director of job and family services to	99558
obtain a certificate for the facility. The director shall certify	99559
the person's children's crisis care facility if the facility meets	99560
all of the certification standards established in rules adopted	99561
under division (F) of this section and the person complies with	99562
all of the rules governing the certification of children's crisis	99563
care facilities adopted under that division. The issuance of a	99564
children's crisis care facility certificate does not exempt the	99565
facility from a requirement to obtain another certificate or	99566
license mandated by law.	99567

(D)(1) No certified children's crisis care facility shall do	99568
any of the following:	99569

(a) Provide residential care to a preteen for more than one	99570
hundred twenty days in a calendar year;	99571

(b) Subject to division (D)(1)(c) of this section and except	99572
as provided in division (D)(2) of this section, provide	99573
residential care to a preteen for more than sixty consecutive	99574
days;	99575

(c) Except as provided in division (D)(3) of this section,	99576
provide residential care to a preteen for more than seventy-two	99577
consecutive hours if a public children services agency or private	99578
child placing agency placed the preteen in the facility;	99579

(d) Fail to comply with section 2151.86 of the Revised Code.

99580

(2) A certified children's crisis care facility may provide	99581
residential care to a preteen for up to ninety consecutive days,	99582
other than a preteen placed in the facility by a public children	99583
services agency or private child placing agency, if any of the	99584
following are the case:	99585

(a) The preteen's parent or other caretaker is enrolled in an	99586
alcohol and drug addiction ~~program certified under section 3793.06~~	99587
~~of the Revised Code~~service or a community mental health service	99588
certified under section ~~5119.611~~5119.36 of the Revised Code;	99589

(b) The preteen's parent or other caretaker is an inpatient	99590
in a hospital;	99591

99592

(d) A physician has diagnosed the preteen's parent or other	99593
caretaker as medically incapacitated.	99594

(3) A certified children's crisis care facility may provide	99595
residential care to a preteen placed in the facility by a public	99596
children services agency or private child placing agency for more	99597
than seventy-two consecutive hours if the director of job and	99598
family services or the director's designee issues the agency a	99599
waiver of the seventy-two consecutive hour limitation. The waiver	99600
may authorize the certified children's crisis care facility to	99601
provide residential care to the preteen for up to fourteen	99602
consecutive days.	99603

(E) The director of job and family services may suspend or	99604
revoke a children's crisis care facility's certificate pursuant to	99605
Chapter 119. of the Revised Code if the facility violates division	99606
(D) of this section or ceases to meet any of the certification	99607
standards established in rules adopted under division (F) of this	99608
section or the facility's operator ceases to comply with any of	99609
the rules governing the certification of children's crisis care	99610
facilities adopted under that division.	99611

(F) Not later than ninety days after September 21, 2006, the	99612
director of job and family services shall adopt rules pursuant to	99613
Chapter 119. of the Revised Code for the certification of	99614
children's crisis care facilities. The rules shall specify that a	99615
certificate shall not be issued to an applicant if the conditions	99616
at the children's crisis care facility would jeopardize the health	99617
or safety of the preteens placed in the facility.	99618

Sec. 5103.42. Prior to the beginning of the fiscal biennium	99619
that first follows October 5, 2000, the public children services	99620
agencies of Athens, Cuyahoga, Franklin, Greene, Guernsey,	99621
~~Hamilton,~~ Lucas, and Summit counties shall each establish and	99622
maintain a regional training center. Prior to the beginning of the	99623
fiscal biennium that first follows the effective date of this	99624
amendment, the public children services agency of Butler county	99625
shall establish and maintain a regional training center. At any	99626
time after the beginning of ~~that~~the specified biennium, the	99627
department of job and family services, on the recommendation of	99628
the Ohio child welfare training program steering committee, may	99629
direct a public children services agency to establish and maintain	99630
a training center to replace the center established by an agency	99631
under this section. There may be no more and no less than eight	99632
centers in existence at any time. The department may make a grant	99633
to a public children services agency that establishes and	99634
maintains a regional training center under this section for the	99635
purpose of wholly or partially subsidizing the operation of the	99636
center. The department shall specify in the grant all of the	99637
center's duties, including the duties specified in section	99638
5103.422 of the Revised Code.	99639

The regional training center established by the public	99640
children services agency of Butler county under this section	99641
replaces the regional training center previously established by	99642
the public children services agency of Hamilton county under this	99643
section.	99644

Sec. 5104.012. (A)(1) At the times specified in this	99645
division, the administrator of a child day-care center or a type A	99646
family day-care home shall request the superintendent of the	99647
bureau of criminal identification and investigation to conduct a	99648
criminal records check with respect to any applicant who has	99649
applied to the center or type A home for employment as a person	99650
responsible for the care, custody, or control of a child.	99651

The administrator shall request a criminal records check	99652
pursuant to this division at the time of the applicant's initial	99653
application for employment and every ~~four~~five years thereafter.	99654
When the administrator requests pursuant to this division a	99655
criminal records check for an applicant at the time of the	99656
applicant's initial application for employment, the administrator	99657
shall request that the superintendent obtain information from the	99658
federal bureau of investigation as a part of the criminal records	99659
check for the applicant, including fingerprint-based checks of	99660
national crime information databases as described in 42 U.S.C.	99661
671, for the person subject to the criminal records check. In all	99662
other cases in which the administrator requests a criminal records	99663
check for an applicant pursuant to this division, the	99664
administrator may request that the superintendent include	99665
information from the federal bureau of investigation in the	99666
criminal records check, including fingerprint-based checks of	99667
national crime information databases as described in 42 U.S.C.	99668
671.	99669

(2) A person required by division (A)(1) of this section to	99670
request a criminal records check shall provide to each applicant a	99671
copy of the form prescribed pursuant to division (C)(1) of section	99672
109.572 of the Revised Code, provide to each applicant a standard	99673
impression sheet to obtain fingerprint impressions prescribed	99674
pursuant to division (C)(2) of section 109.572 of the Revised	99675
Code, obtain the completed form and impression sheet from each	99676
applicant, and forward the completed form and impression sheet to	99677
the superintendent of the bureau of criminal identification and	99678
investigation at the time the person requests a criminal records	99679
check pursuant to division (A)(1) of this section. On and after	99680
August 14, 2008, the administrator of a child day-care center or a	99681
type A family day-care home shall review the results of the	99682
criminal records check before the applicant has sole	99683
responsibility for the care, custody, or control of any child.	99684

(3) An applicant who receives pursuant to division (A)(2) of	99685
this section a copy of the form prescribed pursuant to division	99686
(C)(1) of section 109.572 of the Revised Code and a copy of an	99687
impression sheet prescribed pursuant to division (C)(2) of that	99688
section and who is requested to complete the form and provide a	99689
set of fingerprint impressions shall complete the form or provide	99690
all the information necessary to complete the form and shall	99691
provide the impression sheet with the impressions of the	99692
applicant's fingerprints. If an applicant, upon request, fails to	99693
provide the information necessary to complete the form or fails to	99694
provide impressions of the applicant's fingerprints, the center or	99695
type A home shall not employ that applicant for any position for	99696
which a criminal records check is required by division (A)(1) of	99697
this section.	99698

(B)(1) Except as provided in rules adopted under division (E)	99699
of this section, no child day-care center or type A family	99700
day-care home shall employ or contract with another entity for the	99701
services of a person as a person responsible for the care,	99702
custody, or control of a child if the person previously has been	99703
convicted of or pleaded guilty to any of the violations described	99704
in division (A)(5) of section 109.572 of the Revised Code.	99705

(2) A child day-care center or type A family day-care home	99706
may employ an applicant conditionally until the criminal records	99707
check required by this section is completed and the center or home	99708
receives the results of the criminal records check. If the results	99709
of the criminal records check indicate that, pursuant to division	99710
(B)(1) of this section, the applicant does not qualify for	99711
employment, the center or home shall release the applicant from	99712
employment.	99713

(C)(1) Each child day-care center and type A family day-care	99714
home shall pay to the bureau of criminal identification and	99715
investigation the fee prescribed pursuant to division (C)(3) of	99716
section 109.572 of the Revised Code for each criminal records	99717
check conducted in accordance with that section upon the request	99718
pursuant to division (A)(1) of this section of the administrator	99719
or provider of the center or home.	99720

(2) A child day-care center and type A family day-care home	99721
may charge an applicant a fee for the costs it incurs in obtaining	99722
a criminal records check under this section. A fee charged under	99723
this division shall not exceed the amount of fees the center or	99724
home pays under division (C)(1) of this section. If a fee is	99725
charged under this division, the center or home shall notify the	99726
applicant at the time of the applicant's initial application for	99727
employment of the amount of the fee and that, unless the fee is	99728
paid, the center or type A home will not consider the applicant	99729
for employment.	99730

(D) The report of any criminal records check conducted by the	99731
bureau of criminal identification and investigation in accordance	99732
with section 109.572 of the Revised Code and pursuant to a request	99733
under division (A)(1) of this section is not a public record for	99734
the purposes of section 149.43 of the Revised Code and shall not	99735
be made available to any person other than the applicant who is	99736
the subject of the criminal records check or the applicant's	99737
representative; the center or type A home requesting the criminal	99738
records check or its representative; the department of job and	99739
family services or a county department of job and family services;	99740
and any court, hearing officer, or other necessary individual	99741
involved in a case dealing with the denial of employment to the	99742
applicant.	99743

(E) The director of job and family services shall adopt rules	99744
pursuant to Chapter 119. of the Revised Code to implement this	99745
section, including rules specifying circumstances under which a	99746
center or home may hire a person who has been convicted of an	99747
offense listed in division (B)(1) of this section but who meets	99748
standards in regard to rehabilitation set by the department.	99749

(F) Any person required by division (A)(1) of this section to	99750
request a criminal records check shall inform each person, at the	99751
time of the person's initial application for employment, that the	99752
person is required to provide a set of impressions of the person's	99753
fingerprints and that a criminal records check is required to be	99754
conducted and satisfactorily completed in accordance with section	99755
109.572 of the Revised Code if the person comes under final	99756
consideration for appointment or employment as a precondition to	99757
employment for that position.	99758

(G) As used in this section:

99759

(1) "Applicant" means a person who is under final	99760
consideration for appointment to or employment in a position with	99761
a child day-care center or a type A family day-care home as a	99762
person responsible for the care, custody, or control of a child;	99763
an in-home aide certified pursuant to section 5104.12 of the	99764
Revised Code; or any person who would serve in any position with a	99765
child day-care center or a type A family day-care home as a person	99766
responsible for the care, custody, or control of a child pursuant	99767
to a contract with another entity.	99768

(2) "Criminal records check" has the same meaning as in	99769
section 109.572 of the Revised Code.	99770

Sec. 5104.013. (A)(1) At the times specified in division	99771
(A)(3) of this section, the director of job and family services,	99772
as part of the process of licensure of child day-care centers and	99773
type A family day-care homes, shall request the superintendent of	99774
the bureau of criminal identification and investigation to conduct	99775
a criminal records check with respect to the following persons:	99776

(a) Any owner, licensee, or administrator of a child day-care	99777
center;	99778

(b) Any owner, licensee, or administrator of a type A family	99779
day-care home and any person eighteen years of age or older who	99780
resides in a type A family day-care home.	99781

(2) At the times specified in division (A)(3) of this	99782
section, the director of a county department of job and family	99783
services, as part of the process of certification of type B family	99784
day-care homes, shall request the superintendent of the bureau of	99785
criminal identification and investigation to conduct a criminal	99786
records check with respect to any authorized provider of a	99787
certified type B family day-care home and any person eighteen	99788
years of age or older who resides in a certified type B family	99789
day-care home.	99790

(3) The director of job and family services shall request a	99791
criminal records check pursuant to division (A)(1) of this section	99792
at the time of the initial application for licensure and every	99793
~~four~~five years thereafter. The director of a county department of	99794
job and family services shall request a criminal records check	99795
pursuant to division (A)(2) of this section at the time of the	99796
initial application for certification and every ~~four~~five years	99797
thereafter at the time of a certification renewal. When the	99798
director of job and family services or the director of a county	99799
department of job and family services requests pursuant to	99800
division (A)(1) or (2) of this section a criminal records check	99801
for a person at the time of the person's initial application for	99802
licensure or certification, the director shall request that the	99803
superintendent of the bureau of criminal identification and	99804
investigation obtain information from the federal bureau of	99805
investigation as a part of the criminal records check for the	99806
person, including fingerprint-based checks of national crime	99807
information databases as described in 42 U.S.C. 671 for the person	99808
subject to the criminal records check. In all other cases in which	99809
the director of job and family services or the director of a	99810
county department of job and family services requests a criminal	99811
records check for an applicant pursuant to division (A)(1) or (2)	99812
of this section, the director may request that the superintendent	99813
include information from the federal bureau of investigation in	99814
the criminal records check, including fingerprint-based checks of	99815
national crime information databases as described in 42 U.S.C.	99816
671.	99817

(4) The director of job and family services shall review the	99818
results of a criminal records check subsequent to a request made	99819
pursuant to divisions (A)(1) and (3) of this section prior to	99820
approval of a license. The director of a county department of job	99821
and family services shall review the results of a criminal records	99822
check subsequent to a request made pursuant to divisions (A)(2)	99823
and (3) of this section prior to approval of certification.	99824

(B) The director of job and family services or the director	99825
of a county department of job and family services shall provide to	99826
each person for whom a criminal records check is required under	99827
this section a copy of the form prescribed pursuant to division	99828
(C)(1) of section 109.572 of the Revised Code and a standard	99829
impression sheet to obtain fingerprint impressions prescribed	99830
pursuant to division (C)(2) of that section, obtain the completed	99831
form and impression sheet from that person, and forward the	99832
completed form and impression sheet to the superintendent of the	99833
bureau of criminal identification and investigation.	99834

(C) A person who receives pursuant to division (B) of this	99835
section a copy of the form and standard impression sheet described	99836
in that division and who is requested to complete the form and	99837
provide a set of fingerprint impressions shall complete the form	99838
or provide all the information necessary to complete the form and	99839
shall provide the impression sheet with the impressions of the	99840
person's fingerprints. If the person, upon request, fails to	99841
provide the information necessary to complete the form or fails to	99842
provide impressions of the person's fingerprints, the director may	99843
consider the failure as a reason to deny licensure or	99844
certification.	99845

(D) Except as provided in rules adopted under division (G) of	99846
this section, the director of job and family services shall not	99847
grant a license to a child day-care center or type A family	99848
day-care home and a county director of job and family services	99849
shall not certify a type B family day-care home if a person for	99850
whom a criminal records check was required in connection with the	99851
center or home previously has been convicted of or pleaded guilty	99852
to any of the violations described in division (A)(5) of section	99853
109.572 of the Revised Code.	99854

(E) Each child day-care center, type A family day-care home,	99855
and type B family day-care home shall pay to the bureau of	99856
criminal identification and investigation the fee prescribed	99857
pursuant to division (C)(3) of section 109.572 of the Revised Code	99858
for each criminal records check conducted in accordance with that	99859
section upon a request made pursuant to division (A) of this	99860
section.	99861

(F) The report of any criminal records check conducted by the	99862
bureau of criminal identification and investigation in accordance	99863
with section 109.572 of the Revised Code and pursuant to a request	99864
made under division (A) of this section is not a public record for	99865
the purposes of section 149.43 of the Revised Code and shall not	99866
be made available to any person other than the person who is the	99867
subject of the criminal records check or the person's	99868
representative, the director of job and family services, the	99869
director of a county department of job and family services, the	99870
center, type A home, or type B home involved, and any court,	99871
hearing officer, or other necessary individual involved in a case	99872
dealing with a denial of licensure or certification related to the	99873
criminal records check.	99874

(G) The director of job and family services shall adopt rules	99875
pursuant to Chapter 119. of the Revised Code to implement this	99876
section, including rules specifying exceptions to the prohibition	99877
in division (D) of this section for persons who have been	99878
convicted of an offense listed in that division but who meet	99879
standards in regard to rehabilitation set by the director.	99880

(H) As used in this section, "criminal records check" has the	99881
same meaning as in section 109.572 of the Revised Code.	99882

Sec. 5104.02. (A) The director of job and family services is	99883
responsible for the licensing of child day-care centers and type A	99884
family day-care homes. Each entity operating a head start program	99885
shall meet the criteria for, and be licensed as, a child day-care	99886
center. The director is responsible for the enforcement of this	99887
chapter and of rules promulgated pursuant to this chapter.	99888

No person, firm, organization, institution, or agency shall	99889
operate, establish, manage, conduct, or maintain a child day-care	99890
center or type A family day-care home without a license issued	99891
under section 5104.03 of the Revised Code. The current license	99892
shall be posted in a conspicuous place in the center or type A	99893
home that is accessible to parents, custodians, or guardians and	99894
employees of the center or type A home at all times when the	99895
center or type A home is in operation.	99896

(B) A person, firm, institution, organization, or agency	99897
operating any of the following programs is exempt from the	99898
requirements of this chapter:	99899

(1) A program of child care that operates for two or less	99900
consecutive weeks;	99901

(2) Child care in places of worship during religious	99902
activities during which children are cared for while at least one	99903
parent, guardian, or custodian of each child is participating in	99904
such activities and is readily available;	99905

(3) Religious activities which do not provide child care;

99906

(4) Supervised training, instruction, or activities of	99907
children in specific areas, including, but not limited to: art;	99908
drama; dance; music; gymnastics, swimming, or another athletic	99909
skill or sport; computers; or an educational subject conducted on	99910
an organized or periodic basis no more than one day a week and for	99911
no more than six hours duration;	99912

(5) Programs in which the director determines that at least	99913
one parent, custodian, or guardian of each child is on the	99914
premises of the facility offering child care and is readily	99915
accessible at all times, except that child care provided on the	99916
premises at which a parent, custodian, or guardian is employed	99917
more than two and one-half hours a day shall be licensed in	99918
accordance with division (A) of this section;	99919

(6)(a) Programs that provide child care funded and regulated	99920
or operated and regulated by state departments other than the	99921
department of job and family services or the state board of	99922
education when the director of job and family services has	99923
determined that the rules governing the program are equivalent to	99924
or exceed the rules promulgated pursuant to this chapter.	99925

Notwithstanding any exemption from regulation under this	99926
chapter, each state department shall submit to the director of job	99927
and family services a copy of the rules that govern programs that	99928
provide child care and are regulated or operated and regulated by	99929
the department. Annually, each state department shall submit to	99930
the director a report for each such program it regulates or	99931
operates and regulates that includes the following information:	99932

(i) The site location of the program;

99933

(ii) The maximum number of infants, toddlers, preschool-age	99934
children, or school-age children served by the program at one	99935
time;	99936

(iii) The number of adults providing child care for the	99937
number of infants, toddlers, preschool-age children, or school-age	99938
children;	99939

(iv) Any changes in the rules made subsequent to the time	99940
when the rules were initially submitted to the director.	99941

The director shall maintain a record of the child care	99942
information submitted by other state departments and shall provide	99943
this information upon request to the general assembly or the	99944
public.	99945

(b) Child care programs conducted by boards of education or	99946
by chartered nonpublic schools that are conducted in school	99947
buildings and that provide child care to school-age children only	99948
shall be exempt from meeting or exceeding rules promulgated	99949
pursuant to this chapter.	99950

(7) Any preschool program or school child program, except a	99951
head start program, that is subject to licensure by the department	99952
of education under sections 3301.52 to 3301.59 of the Revised	99953
Code.	99954

(8) Any program providing child care that meets all of the	99955
following requirements and, on October 20, 1987, was being	99956
operated by a nonpublic school that holds a charter issued by the	99957
state board of education for kindergarten only:	99958

(a) The nonpublic school has given the notice to the state	99959
board and the director of job and family services required by	99960
Section 4 of Substitute House Bill No. 253 of the 117th general	99961
assembly;	99962

(b) The nonpublic school continues to be chartered by the	99963
state board for kindergarten, or receives and continues to hold a	99964
charter from the state board for kindergarten through grade five;	99965

99966

(d) The program is operated in accordance with rules	99967
promulgated by the state board under sections 3301.52 to 3301.57	99968
of the Revised Code.	99969

(9) A youth development program operated outside of school	99970
hours by a community-based center to which all of the following	99971
apply:	99972

(a) The children enrolled in the program are under nineteen	99973
years of age and enrolled in or eligible to be enrolled in a grade	99974
of kindergarten or above.	99975

(b) The program provides informal child care ~~and at least~~	99976
~~two~~, which is child care that does not require parental signature,	99977
permission, or notice for the child receiving the care to enter or	99978
leave the program;	99979

(c) The program provides any of the following supervised	99980
activities: educational, recreational, culturally enriching,	99981
social, and personal development activities.	99982

~~(c)~~(d) The program is eligible for participation in the child	99983
and adult care food program as an outside-school-hours care center	99984
pursuant to standards established under section 3313.813 of the	99985
Revised Code.	99986

~~(d)~~(e) The community-based center operating the program is	99987
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	99988
and (c)(3).	99989

(10) A preschool program operated by a nonchartered,	99990
nontax-supported school if the preschool program meets all of the	99991
following conditions:	99992

(a) The program complies with state and local health, fire,	99993
and safety laws.	99994

(b) The program annually certifies in a report to the parents	99995
of its pupils that the school is in compliance with division	99996
(B)(10)(a) of this section and files a copy of the report with the	99997
department of job and family services on or before the thirtieth	99998
day of September of each year.	99999

(c) The program complies with all applicable reporting	100000
requirements in the same manner as required by the state board of	100001
education for nonchartered, nonpublic primary and secondary	100002
schools.	100003

(d) The program is associated with a nonchartered,	100004
nontax-supported primary or secondary school.	100005

Sec. 5104.021. The director of job and family services may	100006
~~not~~ issue a child day-care center or type A family day-care home	100007
license to a youth development program that is exempted by	100008
division (B)(9) of section 5104.02 of the Revised Code from the	100009
requirements of this chapter if the youth development program	100010
applies for and meets all of the requirements for the license.	100011

Sec. 5104.03. (A) Any person, firm, organization,	100012
institution, or agency desiring to establish a child day-care	100013
center or type A family day-care home shall apply for a license to	100014
the director of job and family services on such form as the	100015
director prescribes. The director shall provide at no charge to	100016
each applicant for licensure a copy of the child care license	100017
requirements in this chapter and a copy of the rules adopted	100018
pursuant to this chapter. The copies may be provided in paper or	100019
electronic form.	100020

Fees shall be set by the director pursuant to section	100021
5104.011 of the Revised Code and shall be paid at the time of	100022
application for a license to operate a center or type A home. Fees	100023
collected under this section shall be paid into the state treasury	100024
to the credit of the general revenue fund.	100025

(B) Upon filing of the application for a license, the	100026
director shall investigate and inspect the center or type A home	100027
to determine the license capacity for each age category of	100028
children of the center or type A home and to determine whether the	100029
center or type A home complies with this chapter and rules adopted	100030
pursuant to this chapter. When, after investigation and	100031
inspection, the director is satisfied that this chapter and rules	100032
adopted pursuant to it are complied with, subject to division (G)	100033
of this section, a provisional license shall be issued as soon as	100034
practicable in such form and manner as prescribed by the director.	100035
The provisional license shall be valid for twelve months from the	100036
date of issuance unless revoked.	100037

(C) The director shall investigate and inspect the center or	100038
type A home at least once during operation under the provisional	100039
license. If after the investigation and inspection the director	100040
determines that the requirements of this chapter and rules adopted	100041
pursuant to this chapter are met, subject to division (G) of this	100042
section, the director shall issue a license to the center or home.	100043

(D) The license or provisional license shall state the name	100044
of the licensee, the name of the administrator, the address of the	100045
center or type A home, and the license capacity for each age	100046
category of children. The license or provisional license shall	100047
include thereon, in accordance with section 5104.011 of the	100048
Revised Code, the toll-free telephone number to be used by persons	100049
suspecting that the center or type A home has violated a provision	100050
of this chapter or rules adopted pursuant to this chapter. A	100051
license or provisional license is valid only for the licensee,	100052
administrator, address, and license capacity for each age category	100053
of children designated on the license. The license capacity	100054
specified on the license or provisional license is the maximum	100055
number of children in each age category that may be cared for in	100056
the center or type A home at one time.	100057

The center or type A home licensee shall notify the director	100058
when the administrator of the center or home changes. The director	100059
shall amend the current license or provisional license to reflect	100060
a change in an administrator, if the administrator meets the	100061
requirements of Chapter 5104. of the Revised Code and rules	100062
adopted pursuant to Chapter 5104. of the Revised Code, or a change	100063
in license capacity for any age category of children as determined	100064
by the director of job and family services.	100065

(E) If the director revokes the license of a center or a type	100066
A home, the director shall not issue another license to the owner	100067
of the center or type A home until five years have elapsed from	100068
the date the license is revoked.	100069

If the director denies an application for a license, the	100070
director shall not accept another application from the applicant	100071
until five years have elapsed from the date the application is	100072
denied.	100073

(F) If during the application for licensure process the	100074
director determines that the license of the owner has been	100075
revoked, the investigation of the center or type A home shall	100076
cease. This action does not constitute denial of the application	100077
and may not be appealed under division (G) of this section.	100078

(G) All actions of the director with respect to licensing	100079
centers or type A homes, refusal to license, and revocation of a	100080
license shall be in accordance with Chapter 119. of the Revised	100081
Code. Any applicant who is denied a license or any owner whose	100082
license is revoked may appeal in accordance with section 119.12 of	100083
the Revised Code.	100084

(H) In no case shall the director issue a license or	100085
provisional license under this section for a type A home or center	100086
if the director, based on documentation provided by the	100087
appropriate county department of job and family services,	100088
determines that the applicant previously had been certified as a	100089
type B family day-care home, that the county department revoked	100090
that certification within the immediately preceding five years,	100091
that the revocation was based on the applicant's refusal or	100092
inability to comply with the criteria for certification, and that	100093
the refusal or inability resulted in a risk to the health or	100094
safety of children.	100095

Sec. 5104.08. (A) There is hereby created in the department	100096
of job and family services a child care advisory council to advise	100097
and assist the department in the administration of this chapter	100098
and in the development of child care. The council shall consist of	100099
twenty-two voting members appointed by the director of job and	100100
family services with the approval of the governor. The director of	100101
job and family services, the director of developmental	100102
disabilities, the director of ~~mental health~~mental health and	100103
addiction services, the superintendent of public instruction, the	100104
director of health, the director of commerce, and the state fire	100105
marshal shall serve as nonvoting members of the council.	100106

Six members shall be representatives of child care centers	100107
subject to licensing, the members to represent a variety of	100108
centers, including nonprofit and proprietary, from different	100109
geographical areas of the state. At least three members shall be	100110
parents, guardians, or custodians of children receiving child care	100111
or publicly funded child care in the child's own home, a center, a	100112
type A home, a head start program, a certified type B home, or a	100113
type B home at the time of appointment. Three members shall be	100114
representatives of in-home aides, type A homes, certified type B	100115
homes, or type B homes or head start programs. At least six	100116
members shall represent county departments of job and family	100117
services. The remaining members shall be representatives of the	100118
teaching, child development, and health professions, and other	100119
individuals interested in the welfare of children. At least six	100120
members of the council shall not be employees or licensees of a	100121
child day-care center, head start program, or type A home, or	100122
providers operating a certified type B home or type B home, or	100123
in-home aides.	100124

Appointments shall be for three-year terms. Vacancies shall	100125
be filled for the unexpired terms. A member of the council is	100126
subject to removal by the director of job and family services for	100127
a willful and flagrant exercise of authority or power that is not	100128
authorized by law, for a refusal or willful neglect to perform any	100129
official duty as a member of the council imposed by law, or for	100130
being guilty of misfeasance, malfeasance, nonfeasance, or gross	100131
neglect of duty as a member of the council.	100132

There shall be two co-chairpersons of the council. One	100133
co-chairperson shall be the director of job and family services or	100134
the director's designee, and one co-chairperson shall be elected	100135
by the members of the council. The council shall meet as often as	100136
is necessary to perform its duties, provided that it shall meet at	100137
least once in each quarter of each calendar year and at the call	100138
of the co-chairpersons. The co-chairpersons or their designee	100139
shall send to each member a written notice of the date, time, and	100140
place of each meeting.	100141

Members of the council shall serve without compensation, but	100142
shall be reimbursed for necessary expenses.	100143

(B) The child care advisory council shall advise the director	100144
on matters affecting the licensing of centers and type A homes and	100145
the certification of type B homes and in-home aides. The council	100146
shall make an annual report to the director of job and family	100147
services that addresses the availability, affordability,	100148
accessibility, and quality of child care and that summarizes the	100149
recommendations and plans of action that the council has proposed	100150
to the director during the preceding fiscal year. The director of	100151
job and family services shall provide copies of the report to the	100152
governor, speaker and minority leader of the house of	100153
representatives, and the president and minority leader of the	100154
senate and, on request, shall make copies available to the public.	100155

(C) The director of job and family services shall adopt rules	100156
pursuant to Chapter 119. of the Revised Code to implement this	100157
section.	100158

Sec. 5104.11. (A)(1) Every person desiring to receive	100159
certification for a type B family day-care home to provide	100160
publicly funded child care shall apply for certification to the	100161
county director of job and family services on such forms as the	100162
director of job and family services prescribes. The county	100163
director shall provide at no charge to each applicant a copy of	100164
rules for certifying type B family day-care homes adopted pursuant	100165
to this chapter.	100166

(2) Except as provided in division (G)(1) of section 5104.011	100167
of the Revised Code, after receipt of an application for	100168
certification from a type B family day-care home, the county	100169
director of job and family services shall inspect the home. If it	100170
complies with this chapter and any applicable rules adopted under	100171
this chapter, the county department shall certify the type B	100172
family day-care home to provide publicly funded child care	100173
pursuant to this chapter and any rules adopted under it. The	100174
director of job and family services or a county director of job	100175
and family services may contract with a government entity or a	100176
private nonprofit entity for that entity to inspect and certify	100177
type B family day-care homes pursuant to this section. The county	100178
department of job and family services, government entity, or	100179
nonprofit entity shall conduct the inspection prior to the	100180
issuance of a certificate for the type B home and, as part of that	100181
inspection, ensure that the type B home is safe and sanitary.	100182

(3)(a) On receipt of an application for certification for a	100183
type B family day-care home to provide publicly funded child care	100184
or for renewal of such certification, the county department shall	100185
request from ~~both of the following~~the public children services	100186
agency information concerning any abuse or neglect report made	100187
pursuant to section 2151.421 of the Revised Code of which the	100188
applicant, any other adult residing in the applicant's home, or a	100189
person designated by the applicant to be an emergency or	100190
substitute caregiver for the applicant is the subject:	100191

~~(i) The public children services agency, until the county~~	100192
~~department is notified by the department of job and family~~	100193
~~services that the uniform statewide automated child welfare~~	100194
~~information system has been finalized statewide;~~	100195

~~(ii) Upon receipt of notification under division (D) of~~	100196
~~section 5101.13 of the Revised Code that the uniform statewide~~	100197
~~automated child welfare information system has been implemented~~	100198
~~statewide, the uniform statewide automated child welfare~~	100199
~~information system via the department~~.	100200

(b) The county department shall consider any information	100201
provided by the agency ~~or the department~~ pursuant to section	100202
5153.175 of the Revised Code. If the county department determines	100203
that the information, when viewed within the totality of the	100204
circumstances, reasonably leads to the conclusion that the	100205
applicant may directly or indirectly endanger the health, safety,	100206
or welfare of children, the county department shall deny the	100207
application for certification or renewal of certification, or	100208
revoke the certification of an authorized provider.	100209

(c) As used in division (A)(3) of this section, "public	100210
children services agency" means either an entity separate from the	100211
county department or the part of the county department that serves	100212
as the county's public children services agency, as appropriate.	100213

(4) Except as provided in division (A)(5) of this section, an	100214
authorized provider of a type B family day-care home that receives	100215
a certificate pursuant to this section to provide publicly funded	100216
child care is an independent contractor and is not an employee of	100217
the county department of job and family services that issues the	100218
certificate.	100219

(5) For purposes of Chapter 4141. of the Revised Code,	100220
determinations concerning the employment of an authorized provider	100221
of a type B family day-care home that receives a certificate	100222
pursuant to this section shall be determined under Chapter 4141.	100223
of the Revised Code.	100224

(B)(1) If the county director of job and family services	100225
determines that the type B family day-care home complies with this	100226
chapter and any rules adopted under it, the county director shall	100227
issue to the provider a certificate to provide publicly funded	100228
child care~~, which~~. The certificate is valid for twelve months,	100229
unless revoked earlier. ~~The county director may revoke the~~	100230
~~certificate after determining that revocation is necessary.~~ The	100231
authorized provider shall post the certificate in a conspicuous	100232
place in the certified type B home that is accessible to parents,	100233
custodians, or guardians at all times. The certificate shall state	100234
the name and address of the authorized provider, the maximum	100235
number of children who may be cared for at any one time in the	100236
certified type B home, the expiration date of the certification,	100237
and the name and telephone number of the county director who	100238
issued the certificate.	100239

(2) The county director may revoke a certificate to provide	100240
publicly funded child care in either of the following	100241
circumstances:	100242

(a) The county director determines, pursuant to rules adopted	100243
under Chapter 119. of the Revised Code, that revocation is	100244
necessary;	100245

(b) The authorized provider does not comply with division	100246
(D)(2) of section 5104.32 of the Revised Code.	100247

(C)(1) The county director shall inspect every certified type	100248
B family day-care home at least twice within each twelve-month	100249
period of the operation of the certified type B home. A minimum of	100250
one inspection shall be unannounced and all inspections may be	100251
unannounced. Upon receipt of a complaint, the county director	100252
shall investigate the certified type B home, and division (C)(2)	100253
of this section applies regarding the complaint. The authorized	100254
provider shall permit the county director to inspect any part of	100255
the certified type B home. The county director shall prepare a	100256
written inspection report and furnish one copy to the authorized	100257
provider within a reasonable time after the inspection.	100258

(2) Upon receipt of a complaint as described in division	100259
(C)(1) of this section, in addition to the investigation that is	100260
required under that division, both of the following apply:	100261

(a) If the complaint alleges that a child suffered physical	100262
harm while receiving child care at the certified type B family	100263
day-care home or that the noncompliance with law or act alleged in	100264
the complaint involved, resulted in, or poses a substantial risk	100265
of physical harm to a child receiving child care at the home, the	100266
county director shall inspect the home.	100267

(b) If division (C)(2)(a) of this section does not apply	100268
regarding the complaint, the county director may inspect the	100269
certified type B family day-care home.	100270

(3) Division (C)(2) of this section does not limit, restrict,	100271
or negate any duty of the county director to inspect a certified	100272
type B family day-care home that otherwise is imposed under this	100273
section, or any authority of the county director to inspect a home	100274
that otherwise is granted under this section when the county	100275
director believes the inspection is necessary and it is permitted	100276
under the grant.	100277

(D) The county director of job and family services, in	100278
accordance with rules adopted pursuant to section 5104.052 of the	100279
Revised Code regarding fire safety and fire prevention, shall	100280
inspect each type B home that applies to be certified that is	100281
providing or is to provide publicly funded child care.	100282

(E) All materials that are supplied by the department of job	100283
and family services to type A family day-care home providers, type	100284
B family day-care home providers, in-home aides, persons who	100285
desire to be type A family day-care home providers, type B family	100286
day-care home providers, or in-home aides, and caretaker parents	100287
shall be written at no higher than the sixth grade reading level.	100288
The department may employ a readability expert to verify its	100289
compliance with this division.	100290

Sec. 5104.12. (A) The county director of job and family	100291
services may certify in-home aides to provide publicly funded	100292
child care pursuant to this chapter and any rules adopted under	100293
it. Any in-home aide who receives a certificate pursuant to this	100294
section to provide publicly funded child care is an independent	100295
contractor and is not an employee of the county department of job	100296
and family services that issues the certificate.	100297

(B) Every person desiring to receive certification as an	100298
in-home aide shall apply for certification to the county director	100299
of job and family services on such forms as the director of job	100300
and family services prescribes. The county director shall provide	100301
at no charge to each applicant a copy of rules for certifying	100302
in-home aides adopted pursuant to this chapter.	100303

(C)(1) If the county director of job and family services	100304
determines that public funds are available and that the person	100305
complies with this chapter and any rules adopted under it, the	100306
county director shall certify the person as an in-home aide and	100307
issue the person a certificate to provide publicly funded child	100308
care for twelve months. ~~The county director may revoke the~~	100309
~~certificate after determining that revocation is necessary.~~ The	100310
county director shall furnish a copy of the certificate to the	100311
parent, custodian, or guardian. The certificate shall state the	100312
name and address of the in-home aide, the expiration date of the	100313
certification, and the name and telephone number of the county	100314
director who issued the certificate.	100315

(2) The county director may revoke the certificate in either	100316
of the following circumstances:	100317

(a) The county director determines, pursuant to rules adopted	100318
under Chapter 119. of the Revised Code, that revocation is	100319
necessary;	100320

(b) The in-home aide does not comply with division (D)(2) of	100321
section 5104.32 of the Revised Code.	100322

(D)(1) The county director of job and family services shall	100323
inspect every home of a child who is receiving publicly funded	100324
child care in the child's own home while the in-home aide is	100325
providing the services. Inspections may be unannounced. Upon	100326
receipt of a complaint, the county director shall investigate the	100327
in-home aide, shall investigate the home of a child who is	100328
receiving publicly funded child care in the child's own home, and	100329
division (D)(2) of this section applies regarding the complaint.	100330
The caretaker parent shall permit the county director to inspect	100331
any part of the child's home. The county director shall prepare a	100332
written inspection report and furnish one copy each to the in-home	100333
aide and the caretaker parent within a reasonable time after the	100334
inspection.	100335

(2) Upon receipt of a complaint as described in division	100336
(D)(1) of this section, in addition to the investigations that are	100337
required under that division, both of the following apply:	100338

(a) If the complaint alleges that a child suffered physical	100339
harm while receiving publicly funded child care in the child's own	100340
home from an in-home aide or that the noncompliance with law or	100341
act alleged in the complaint involved, resulted in, or poses a	100342
substantial risk of physical harm to a child receiving publicly	100343
funded child care in the child's own home from an in-home aide,	100344
the county director shall inspect the home of the child.	100345

(b) If division (D)(2)(a) of this section does not apply	100346
regarding the complaint, the county director may inspect the home	100347
of the child.	100348

(3) Division (D)(2) of this section does not limit, restrict,	100349
or negate any duty of the county director to inspect a home of a	100350
child who is receiving publicly funded child care from an in-home	100351
aide that otherwise is imposed under this section, or any	100352
authority of the county director to inspect such a home that	100353
otherwise is granted under this section when the county director	100354
believes the inspection is necessary and it is permitted under the	100355
grant.	100356

Sec. 5104.32. (A) Except as provided in division (C) of this	100357
section, all purchases of publicly funded child care shall be made	100358
under a contract entered into by a licensed child day-care center,	100359
licensed type A family day-care home, certified type B family	100360
day-care home, certified in-home aide, approved child day camp,	100361
licensed preschool program, licensed school child program, or	100362
border state child care provider and the department of job and	100363
family services. All contracts for publicly funded child care	100364
shall be contingent upon the availability of state and federal	100365
funds. The department shall prescribe a standard form to be used	100366
for all contracts for the purchase of publicly funded child care,	100367
regardless of the source of public funds used to purchase the	100368
child care. To the extent permitted by federal law and	100369
notwithstanding any other provision of the Revised Code that	100370
regulates state contracts or contracts involving the expenditure	100371
of state or federal funds, all contracts for publicly funded child	100372
care shall be entered into in accordance with the provisions of	100373
this chapter and are exempt from any other provision of the	100374
Revised Code that regulates state contracts or contracts involving	100375
the expenditure of state or federal funds.	100376

(B) Each contract for publicly funded child care shall	100377
specify at least the following:	100378

(1) That the provider of publicly funded child care agrees to	100379
be paid for rendering services at the lower of the rate	100380
customarily charged by the provider for children enrolled for	100381
child care or the reimbursement ceiling or rate of payment	100382
established pursuant to section 5104.30 of the Revised Code;	100383

(2) That, if a provider provides child care to an individual	100384
potentially eligible for publicly funded child care who is	100385
subsequently determined to be eligible, the department agrees to	100386
pay for all child care provided between the date the county	100387
department of job and family services receives the individual's	100388
completed application and the date the individual's eligibility is	100389
determined;	100390

(3) Whether the county department of job and family services,	100391
the provider, or a child care resource and referral service	100392
organization will make eligibility determinations, whether the	100393
provider or a child care resource and referral service	100394
organization will be required to collect information to be used by	100395
the county department to make eligibility determinations, and the	100396
time period within which the provider or child care resource and	100397
referral service organization is required to complete required	100398
eligibility determinations or to transmit to the county department	100399
any information collected for the purpose of making eligibility	100400
determinations;	100401

(4) That the provider, other than a border state child care	100402
provider, shall continue to be licensed, approved, or certified	100403
pursuant to this chapter and shall comply with all standards and	100404
other requirements in this chapter and in rules adopted pursuant	100405
to this chapter for maintaining the provider's license, approval,	100406
or certification;	100407

(5) That, in the case of a border state child care provider,	100408
the provider shall continue to be licensed, certified, or	100409
otherwise approved by the state in which the provider is located	100410
and shall comply with all standards and other requirements	100411
established by that state for maintaining the provider's license,	100412
certificate, or other approval;	100413

(6) Whether the provider will be paid by the state department	100414
of job and family services or in some other manner as prescribed	100415
by rules adopted under section 5104.42 of the Revised Code;	100416

(7) That the contract is subject to the availability of state	100417
and federal funds.	100418

(C) Unless specifically prohibited by federal law or by rules	100419
adopted under section 5104.42 of the Revised Code, the county	100420
department of job and family services shall give individuals	100421
eligible for publicly funded child care the option of obtaining	100422
certificates that the individual may use to purchase services from	100423
any provider qualified to provide publicly funded child care under	100424
section 5104.31 of the Revised Code. Providers of publicly funded	100425
child care may present these certificates for payment in	100426
accordance with rules that the director of job and family services	100427
shall adopt. Only providers may receive payment for certificates.	100428
The value of the certificate shall be based on the lower of the	100429
rate customarily charged by the provider or the rate of payment	100430
established pursuant to section 5104.30 of the Revised Code. The	100431
county department may provide the certificates to the individuals	100432
or may contract with child care providers or child care resource	100433
and referral service organizations that make determinations of	100434
eligibility for publicly funded child care pursuant to contracts	100435
entered into under section 5104.34 of the Revised Code for the	100436
providers or resource and referral service organizations to	100437
provide the certificates to individuals whom they determine are	100438
eligible for publicly funded child care.	100439

For each six-month period a provider of publicly funded child	100440
care provides publicly funded child care to the child of an	100441
individual given certificates, the individual shall provide the	100442
provider certificates for days the provider would have provided	100443
publicly funded child care to the child had the child been	100444
present. The maximum number of days providers shall be provided	100445
certificates shall not exceed ten days in a six-month period	100446
during which publicly funded child care is provided to the child	100447
regardless of the number of providers that provide publicly funded	100448
child care to the child during that period.	100449

(D)(1) The department shall establish the Ohio electronic	100450
child care system to track attendance and calculate payments for	100451
publicly funded child care. The system shall include issuing an	100452
electronic child care card to each caretaker parent to swipe	100453
through a point-of-service device issued to an eligible provider,	100454
as described in section 5104.31 of the Revised Code.	100455

(2) Each eligible provider that provides publicly funded	100456
child care shall participate in the Ohio electronic child care	100457
system. A provider participating in the system shall not do any of	100458
the following:	100459

(a) Use or have possession of an electronic child care card	100460
issued to a caretaker parent;	100461

(b) Falsify attendance records;

100462

(c) Knowingly seek payment for publicly funded child care	100463
that was not provided;	100464

(d) Knowingly accept reimbursement for publicly funded child	100465
care that was not provided.	100466

Sec. 5107.10. (A) As used in this section:

100467

(1) "Countable income," "gross earned income," and "gross	100468
unearned income" have the meanings established in rules adopted	100469
under section 5107.05 of the Revised Code.	100470

(2) "Federal poverty guidelines" has the same meaning as in	100471
section 5101.46 of the Revised Code, except that references to a	100472
person's family in the definition shall be deemed to be references	100473
to the person's assistance group.	100474

(3) "Gross income" means gross earned income and gross	100475
unearned income.	100476

(4) "Strike" means continuous concerted action in failing to	100477
report to duty; willful absence from one's position; or stoppage	100478
of work in whole from the full, faithful, and proper performance	100479
of the duties of employment, for the purpose of inducing,	100480
influencing, or coercing a change in wages, hours, terms, and	100481
other conditions of employment. "Strike" does not include a	100482
stoppage of work by employees in good faith because of dangerous	100483
or unhealthful working conditions at the place of employment that	100484
are abnormal to the place of employment.	100485

(B) Under the Ohio works first program, an assistance group	100486
shall receive, except as otherwise provided by this chapter,	100487
time-limited cash assistance. In the case of an assistance group	100488
that includes a minor head of household or adult, assistance shall	100489
be provided in accordance with the self-sufficiency contract	100490
entered into under section 5107.14 of the Revised Code.	100491

(C) To be eligible to participate in Ohio works first, an	100492
assistance group must meet all of the following requirements:	100493

(1) The assistance group, except as provided in division (E)	100494
of this section, must include at least one of the following:	100495

(a) A minor child who, except as provided in section 5107.24	100496
of the Revised Code, resides with a parent, or specified relative	100497
caring for the child, or, to the extent permitted by Title IV-A	100498
and federal regulations adopted until Title IV-A, resides with a	100499
guardian or custodian caring for the child;	100500

(b) A parent residing with and caring for the parent's minor	100501
child who receives supplemental security income under Title XVI of	100502
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	100503
as amended, or federal, state, or local adoption assistance;	100504

(c) A specified relative residing with and caring for a minor	100505
child who is related to the specified relative in a manner that	100506
makes the specified relative a specified relative and receives	100507
supplemental security income or federal, state, or local foster	100508
care or adoption assistance;	100509

(d) A woman at least six months pregnant.

100510

(2) The assistance group must meet the income requirements	100511
established by division (D) of this section.	100512

(3) No member of the assistance group may be involved in a	100513
strike.	100514

(4) The assistance group must satisfy the requirements for	100515
Ohio works first established by this chapter and ~~sections 5101.58,~~	100516
~~5101.59, and~~section 5101.83 of the Revised Code.	100517

(5) The assistance group must meet requirements for Ohio	100518
works first established by rules adopted under section 5107.05 of	100519
the Revised Code.	100520

(D)(1) Except as provided in division (D)(4) of this section,	100521
to determine whether an assistance group is initially eligible to	100522
participate in Ohio works first, a county department of job and	100523
family services shall do the following:	100524

(a) Determine whether the assistance group's gross income	100525
exceeds fifty per cent of the federal poverty guidelines. In	100526
making this determination, the county department shall disregard	100527
amounts that federal statutes or regulations and sections 5101.17	100528
and 5117.10 of the Revised Code require be disregarded. The	100529
assistance group is ineligible to participate in Ohio works first	100530
if the assistance group's gross income, less the amounts	100531
disregarded, exceeds fifty per cent of the federal poverty	100532
guidelines.	100533

(b) If the assistance group's gross income, less the amounts	100534
disregarded pursuant to division (D)(1)(a) of this section, does	100535
not exceed fifty per cent of the federal poverty guidelines,	100536
determine whether the assistance group's countable income is less	100537
than the payment standard. The assistance group is ineligible to	100538
participate in Ohio works first if the assistance group's	100539
countable income equals or exceeds the payment standard.	100540

(2) For the purpose of determining whether an assistance	100541
group meets the income requirement established by division	100542
(D)(1)(a) of this section, the annual revision that the United	100543
States department of health and human services makes to the	100544
federal poverty guidelines shall go into effect on the first day	100545
of July of the year for which the revision is made.	100546

(3) To determine whether an assistance group participating in	100547
Ohio works first continues to be eligible to participate, a county	100548
department of job and family services shall determine whether the	100549
assistance group's countable income continues to be less than the	100550
payment standard. In making this determination, the county	100551
department shall disregard the first two hundred fifty dollars and	100552
fifty per cent of the remainder of the assistance group's gross	100553
earned income. No amounts shall be disregarded from the assistance	100554
group's gross unearned income. The assistance group ceases to be	100555
eligible to participate in Ohio works first if its countable	100556
income, less the amounts disregarded, equals or exceeds the	100557
payment standard.	100558

(4) If an assistance group reapplies to participate in Ohio	100559
works first not more than four months after ceasing to	100560
participate, a county department of job and family services shall	100561
use the income requirement established by division (D)(3) of this	100562
section to determine eligibility for resumed participation rather	100563
than the income requirement established by division (D)(1) of this	100564
section.	100565

(E)(1) An assistance group may continue to participate in	100566
Ohio works first even though a public children services agency	100567
removes the assistance group's minor children from the assistance	100568
group's home due to abuse, neglect, or dependency if the agency	100569
does both of the following:	100570

(a) Notifies the county department of job and family services	100571
at the time the agency removes the children that it believes the	100572
children will be able to return to the assistance group within six	100573
months;	100574

(b) Informs the county department at the end of each of the	100575
first five months after the agency removes the children that the	100576
parent, guardian, custodian, or specified relative of the children	100577
is cooperating with the case plans prepared for the children under	100578
section 2151.412 of the Revised Code and that the agency is making	100579
reasonable efforts to return the children to the assistance group.	100580

(2) An assistance group may continue to participate in Ohio	100581
works first pursuant to division (E)(1) of this section for not	100582
more than six payment months. This division does not affect the	100583
eligibility of an assistance group that includes a woman at least	100584
six months pregnant.	100585

Sec. 5107.14. (A) An assistance group is ineligible to	100586
participate in Ohio works first unless the following enter into a	100587
written self-sufficiency contract with the county department of	100588
job and family services:	100589

(1) Each adult member of the assistance group;

100590

(2) The assistance group's minor head of household.

100591

(B) A self-sufficiency contract shall set forth the rights	100592
and responsibilities of the assistance group as applicants for and	100593
participants of Ohio works first. Each self-sufficiency contract	100594
shall include, based on appraisals conducted under section 5107.41	100595
of the Revised Code and assessments conducted under section	100596
5107.70 of the Revised Code, the following:	100597

(1) The assistance group's plan, developed under section	100598
5107.41 of the Revised Code, to achieve the goal of self	100599
sufficiency and personal responsibility through unsubsidized	100600
employment within the time limit for participating in Ohio works	100601
first established by section 5107.18 of the Revised Code;	100602

(2) Work activities, developmental activities, and	100603
alternative work activities to which members of the assistance	100604
group are assigned under sections 5107.40 to 5107.69 of the	100605
Revised Code;	100606

(3) The responsibility of a caretaker member of the	100607
assistance group to cooperate in establishing a minor child's	100608
paternity and establishing, modifying, and enforcing a support	100609
order for the child in accordance with section 5107.22 of the	100610
Revised Code;	100611

(4) Other responsibilities that members of the assistance	100612
group must satisfy to participate in Ohio works first and the	100613
consequences for failure or refusal to satisfy the	100614
responsibilities;	100615

(5) An agreement that, except as otherwise provided in a	100616
waiver issued under section 5107.714 of the Revised Code, the	100617
assistance group will comply with the conditions of participating	100618
in Ohio works first established by this chapter and ~~sections~~	100619
~~5101.58, 5101.59, and~~section 5101.83 of the Revised Code;	100620

(6) Assistance and services the county department will	100621
provide to the assistance group;	100622

(7) Assistance and services the child support enforcement	100623
agency and public children services agency will provide to the	100624
assistance group pursuant to a plan of cooperation entered into	100625
under section 307.983 of the Revised Code;	100626

(8) Other provisions designed to assist the assistance group	100627
in achieving self sufficiency and personal responsibility;	100628

(9) Procedures for assessing whether responsibilities are	100629
being satisfied and whether the contract should be amended;	100630

(10) Procedures for amending the contract.

100631

(C) No self-sufficiency contract shall include provisions	100632
regarding the LEAP program.	100633

(D) The county department shall provide without charge a copy	100634
of the self-sufficiency contract to each assistance group member	100635
who signs it.	100636

Sec. 5107.16. (A) If a member of an assistance group fails	100637
or refuses, without good cause, to comply in full with a provision	100638
of a self-sufficiency contract entered into under section 5107.14	100639
of the Revised Code, a county department of job and family	100640
services shall sanction the assistance group as follows:	100641

(1) For a first failure or refusal, the county department	100642
shall deny or terminate the assistance group's eligibility to	100643
participate in Ohio works first for one payment month or until the	100644
failure or refusal ceases, whichever is longer;	100645

(2) For a second failure or refusal, the county department	100646
shall deny or terminate the assistance group's eligibility to	100647
participate in Ohio works first for three payment months or until	100648
the failure or refusal ceases, whichever is longer;	100649

(3) For a third or subsequent failure or refusal, the county	100650
department shall deny or terminate the assistance group's	100651
eligibility to participate in Ohio works first for six payment	100652
months or until the failure or refusal ceases, whichever is	100653
longer.	100654

(B) The director of job and family services shall establish	100655
standards for the determination of good cause for failure or	100656
refusal to comply in full with a provision of a self-sufficiency	100657
contract in rules adopted under section 5107.05 of the Revised	100658
Code.	100659

(C) An assistance group member who fails or refuses, without	100660
good cause, to comply in full with a provision of a	100661
self-sufficiency contract must complete all compliance activities	100662
specified in rules adopted under section 5107.05 of the Revised	100663
Code in order for the failure or refusal to be considered to have	100664
ceased.	100665

(D) After sanctioning an assistance group under division (A)	100666
of this section, a county department of job and family services	100667
shall continue to work with the assistance group.	100668

(E) An adult eligible for medicaid ~~pursuant to division~~	100669
~~(C)(1)(a) of section 5111.01 of the Revised Code~~ who is sanctioned	100670
under division (A)(3) of this section for a failure or refusal,	100671
without good cause, to comply in full with a provision of a	100672
self-sufficiency contract related to work responsibilities under	100673
sections 5107.40 to 5107.69 of the Revised Code loses eligibility	100674
for medicaid unless the adult is otherwise eligible for medicaid	100675
pursuant to ~~another division of section 5111.01 of the Revised~~	100676
~~Code~~an eligibility category other than the category associated	100677
with Title IV-A.	100678

An assistance group that would be participating in Ohio works	100679
first if not for a sanction under this section shall continue to	100680
be eligible for all of the following:	100681

(1) Publicly funded child care in accordance with division	100682
(A)(3) of section 5104.30 of the Revised Code;	100683

(2) Support services in accordance with section 5107.66 of	100684
the Revised Code;	100685

(3) To the extent permitted by the "Fair Labor Standards Act	100686
of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended, to participate	100687
in work activities, developmental activities, and alternative work	100688
activities in accordance with sections 5107.40 to 5107.69 of the	100689
Revised Code.	100690

Sec. 5107.20. As used in this section, "support" means child	100691
support, spousal support, and support for a spouse or a former	100692
spouse.	100693

Participation in Ohio works first constitutes an assignment	100694
to the department of job and family services of any rights members	100695
of an assistance group have to support from any other person,	100696
~~excluding medical support assigned pursuant to section 5101.59 of~~	100697
~~the Revised Code~~. The rights to support assigned to the department	100698
pursuant to this section constitute an obligation of the person	100699
who is responsible for providing the support to the state for the	100700
amount of cash assistance provided to the assistance group.	100701

The office of child support in the department of job and	100702
family services shall collect and distribute support payments owed	100703
to Ohio works first participants, whether assigned to the	100704
department or unassigned, in accordance with 42 U.S.C. 654 B and	100705
657 and regulations adopted under those statutes, state statutes,	100706
and rules adopted under section 5107.05 of the Revised Code.	100707

Upon implementation of centralized collection and	100708
disbursement under Chapter 3121. of the Revised Code, in	100709
accordance with 42 U.S.C. 654 B and 657 and regulations adopted	100710
under those statutes, the department shall deposit support	100711
payments it receives pursuant to this section into the state	100712
treasury to the credit of the child support collections fund or	100713
the child support administrative fund, both of which are hereby	100714
created. Money credited to the funds shall be used to make cash	100715
assistance payments under Ohio works first.	100716

Sec. 5107.24. (A) As used in this section:

100717

(1) "Adult-supervised living arrangement" means a family	100718
setting approved, licensed, or certified by the department of job	100719
and family services, the department of ~~mental health~~mental health	100720
and addiction services, the department of developmental	100721
disabilities, the department of youth services, a public children	100722
services agency, a private child placing agency, or a private	100723
noncustodial agency that is maintained by a person age eighteen or	100724
older who assumes responsibility for the care and control of a	100725
minor parent, pregnant minor, or child of a minor parent or	100726
provides the minor parent, pregnant minor, or child of a minor	100727
parent supportive services, including counseling, guidance, and	100728
supervision. "Adult-supervised living arrangement" does not mean a	100729
public institution.	100730

(2) "Child of a minor parent" means a child born to a minor	100731
parent, except that the child ceases to be considered a child of	100732
minor parent when the minor parent attains age eighteen.	100733

(3) "Minor parent" means a parent who is under age eighteen	100734
and is not married.	100735

(4) "Pregnant minor" means a pregnant person who is under age	100736
eighteen and not married.	100737

(B)(1) Except as provided in division (B)(2) of this section	100738
and to the extent permitted by Title IV-A and federal regulations	100739
adopted under Title IV-A, a pregnant minor, minor parent, or child	100740
of a minor parent must reside in a place of residence maintained	100741
by a parent, guardian, custodian, or specified relative of the	100742
pregnant minor or minor parent as the parent's, guardian's,	100743
custodian's, or specified relative's own home to be eligible to	100744
participate in Ohio works first.	100745

(2) To the extent permitted by Title IV-A and federal	100746
regulations adopted under it, a pregnant minor, minor parent, or	100747
child of a minor parent is exempt from the requirement of division	100748
(B)(1) of this section if any of the following apply:	100749

(a) The minor parent or pregnant minor does not have a	100750
parent, guardian, custodian, or specified relative living or whose	100751
whereabouts are known.	100752

(b) No parent, guardian, custodian, or specified relative of	100753
the minor parent or pregnant minor will allow the pregnant minor,	100754
minor parent, or minor parent's child to live in the parent's,	100755
guardian's, custodian's, or specified relative's home.	100756

(c) The department of job and family services, a county	100757
department of job and family services, or a public children	100758
services agency determines that the physical or emotional health	100759
or safety of the pregnant minor, minor parent, or minor parent's	100760
child would be in jeopardy if the pregnant minor, minor parent, or	100761
minor parent's child lived in the same home as the parent,	100762
guardian, custodian, or specified relative.	100763

(d) The department of job and family services, a county	100764
department of job and family services, or a public children	100765
services agency otherwise determines that it is in the best	100766
interest of the pregnant minor, minor parent, or minor parent's	100767
child to waive the requirement of division (B)(1) of this section.	100768

(C) A pregnant minor, minor parent, or child of a minor	100769
parent exempt from the requirement of division (B)(1) of this	100770
section must reside in an adult-supervised living arrangement to	100771
be eligible to participate in Ohio works first.	100772

(D) The department of job and family services, whenever	100773
possible and to the extent permitted by Title IV-A and federal	100774
regulations adopted under it, shall provide cash assistance under	100775
Ohio works first to the parent, guardian, custodian, or specified	100776
relative of a pregnant minor or minor parent on behalf of the	100777
pregnant minor, minor parent, or minor parent's child.	100778

Sec. 5107.26. (A) As used in this section:

100779

~~(1) "Transitional~~, "transitional child care" means publicly	100780
funded child care provided under division (A)(3) of section	100781
5104.34 of the Revised Code.	100782

~~(2) "Transitional medicaid" means the medical assistance~~	100783
~~provided under section 5111.0115 of the Revised Code.~~	100784

(B) Except as provided in division (C) of this section~~, each~~:

100785

(1) Each member of an assistance group participating in Ohio	100786
works first is ineligible to participate in the program for six	100787
payment months if a county department of job and family services	100788
determines that a member of the assistance group terminated the	100789
member's employment ~~and each~~.	100790

(2) Each person who, on the day prior to the day a recipient	100791
begins to receive transitional child care ~~or transitional~~	100792
~~medicaid~~, was a member of the recipient's assistance group is	100793
ineligible to participate in Ohio works first for six payment	100794
months if a county department determines that the recipient	100795
terminated the recipient's employment.	100796

(C) No assistance group member shall lose or be denied	100797
eligibility to participate in Ohio works first pursuant to	100798
division (B) of this section if the termination of employment was	100799
because an assistance group member or recipient of transitional	100800
child care ~~or transitional medicaid~~ secured comparable or better	100801
employment or the county department of job and family services	100802
certifies that the member or recipient terminated the employment	100803
with just cause.	100804

Just cause includes the following:

100805

(1) Discrimination by an employer based on age, race, sex,	100806
color, handicap, religious beliefs, or national origin;	100807

(2) Work demands or conditions that render continued	100808
employment unreasonable, such as working without being paid on	100809
schedule;	100810

(3) Employment that has become unsuitable due to any of the	100811
following:	100812

(a) The wage is less than the federal minimum wage;

100813

(b) The work is at a site subject to a strike or lockout,	100814
unless the strike has been enjoined under section 208 of the	100815
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.	100816
178, as amended, an injunction has been issued under section 10 of	100817
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as	100818
amended, or an injunction has been issued under section 4117.16 of	100819
the Revised Code;	100820

(c) The documented degree of risk to the member or	100821
recipient's health and safety is unreasonable;	100822

(d) The member or recipient is physically or mentally unfit	100823
to perform the employment, as documented by medical evidence or by	100824
reliable information from other sources.	100825

(4) Documented illness of the member or recipient or of	100826
another assistance group member of the member or recipient	100827
requiring the presence of the member or recipient;	100828

(5) A documented household emergency;

100829

(6) Lack of adequate child care for children of the member or	100830
recipient who are under six years of age.	100831

Sec. 5107.42. (A) Except as provided in divisions (B) and	100832
(C) of this section, county departments of job and family services	100833
shall assign each minor head of household and adult participating	100834
in Ohio works first, other than a minor head of household	100835
participating in the LEAP program, to one or more work activities	100836
and developmental activities.	100837

If a county department assigns a minor head of household or	100838
adult to the work activity established under division (H) of	100839
section 5107.60 of the Revised Code, the county department shall	100840
make reasonable efforts to assign the minor head of household or	100841
adult to at least one other work activity at the same time. If a	100842
county department assigns a minor head of household or adult to	100843
the work activity established under section 5107.58 of the Revised	100844
Code, the county department shall assign the minor head of	100845
household or adult to at least one other work activity at the same	100846
time.	100847

A county department may not assign a minor head of household	100848
or adult to a work activity established under division (D) of	100849
section 5107.60 of the Revised Code for more than twelve months.	100850

(B) If a county department determines that a minor head of	100851
household or adult has a temporary or permanent barrier to	100852
participation in a work activity, it may assign the minor head of	100853
household or adult to one or more alternative work activities	100854
instead of assigning the minor head of household or adult to one	100855
or more work activities or developmental activities. A county	100856
department may not assign more than twenty per cent of minor heads	100857
of household and adults participating in Ohio works first to an	100858
alternative work activity.	100859

County departments shall establish standards for determining	100860
whether a minor head of household or adult has a temporary or	100861
permanent barrier to participating in a work activity. The	100862
following are examples of circumstances that a county department	100863
may consider when it develops its standards:	100864

(1) A minor head of household or adult provides the county	100865
department documented evidence that one or more members of the	100866
assistance group have been the victim of domestic violence and are	100867
in imminent danger of suffering continued domestic violence;	100868

(2) A minor head of household or adult is actively	100869
participating in ~~an alcohol or drug~~a community addiction ~~program~~	100870
services provider certified by the department of ~~alcohol and drug~~	100871
~~addiction services~~mental health and addiction services under	100872
section ~~3793.06~~5119.36 of the Revised Code;	100873

(3) An assistance group is homeless.

100874

(C) A county department may exempt a minor head of household	100875
or adult who is unmarried and caring for a minor child under	100876
twelve months of age from the work requirements of sections	100877
5107.40 to 5107.69 of the Revised Code for not more than twelve	100878
months. While exempt, the minor head of household or adult shall	100879
be disregarded in determining whether the county department is	100880
meeting the requirement of section 5107.44 of the Revised Code.	100881
The county department shall assign the exempt minor head of	100882
household or adult to at least one developmental activity for a	100883
number of hours a week the county department determines. The	100884
county department may assign the exempt minor head of household or	100885
adult to one or more work activities, in addition to developmental	100886
activities, for a number of hours the county department	100887
determines. Division (B) of section 5107.43 of the Revised Code	100888
does not apply to the exempt minor head of household or adult.	100889

(D) A county department may reassign a minor head of	100890
household or adult when the county department determines	100891
reassignment will aid the assistance group in achieving self	100892
sufficiency and personal responsibility and shall make	100893
reassignments when circumstances requiring reassignment occur,	100894
including when a temporary barrier to participating in a work	100895
activity is eliminated.	100896

A county department shall include assignments in the	100897
self-sufficiency contract entered into under section 5107.14 of	100898
the Revised Code and shall amend the contract when a reassignment	100899
is made to include the reassignment in the contract.	100900

Sec. 5107.64. County departments of job and family services	100901
shall establish and administer alternative work activities for	100902
minor heads of households and adults participating in Ohio works	100903
first. In establishing alternative work activities, county	100904
departments are not limited by the restrictions Title IV-A imposes	100905
on work activities. The following are examples of alternative work	100906
activities that a county department may establish:	100907

(A) Parenting classes and life-skills training;

100908

(B) Participation in ~~an alcohol or drug~~a community addiction	100909
~~program~~services provider certified by the department of ~~alcohol~~	100910
~~and drug addiction services~~mental health and addiction services	100911
under section ~~3793.06~~5119.36 of the Revised Code;	100912

(C) In the case of a homeless assistance group, finding a	100913
home;	100914

(D) In the case of a minor head of household or adult with a	100915
disability, active work in an individual written rehabilitation	100916
plan with the ~~rehabilitation services commission~~opportunities for	100917
Ohioans with disabilities agency;	100918

(E) In the case of a minor head of household or adult who has	100919
been the victim of domestic violence, residing in a domestic	100920
violence shelter, receiving counseling or treatment related to the	100921
domestic violence, or participating in criminal justice activities	100922
against the domestic violence offender;	100923

(F) An education program under which a participant who does	100924
not speak English attends English as a second language course.	100925

Sec. 5115.20. (A) The department of job and family services	100926
shall establish a disability advocacy program and each county	100927
department of job and family services shall establish a disability	100928
advocacy program unit or join with other county departments of job	100929
and family services to establish a joint county disability	100930
advocacy program unit. Through the program the department and	100931
county departments shall cooperate in efforts to assist applicants	100932
for and recipients of assistance under the disability financial	100933
assistance program, who might be eligible for supplemental	100934
security income benefits under Title XVI of the "Social Security	100935
Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as amended, in	100936
applying for those benefits.	100937

As part of their disability advocacy programs, the state	100938
department and county departments may enter into contracts for the	100939
services of persons and government entities that in the judgment	100940
of the department or county department have demonstrated expertise	100941
in representing persons seeking supplemental security income	100942
benefits. Each contract shall require the person or entity with	100943
which a department contracts to assess each person referred to it	100944
by the department to determine whether the person appears to be	100945
eligible for supplemental security income benefits, and, if the	100946
person appears to be eligible, assist the person in applying and	100947
represent the person in any proceeding of the social security	100948
administration, including any appeal or reconsideration of a	100949
denial of benefits. The department or county department shall	100950
provide to the person or entity with which it contracts all	100951
records in its possession relevant to the application for	100952
supplemental security income benefits. The department shall	100953
require a county department with relevant records to submit them	100954
to the person or entity.	100955

(B) Each applicant for or recipient of disability financial	100956
assistance who, in the judgment of the department of job and	100957
family services or a county department of job and family services	100958
might be eligible for supplemental security benefits, shall, as a	100959
condition of eligibility for assistance, apply for such benefits	100960
if directed to do so by the department or county department.	100961

(C) With regard to applicants for and recipients of	100962
disability financial assistance, each county department of job and	100963
family services shall do all of the following:	100964

(1) Identify applicants and recipients who might be eligible	100965
for supplemental security income benefits;	100966

(2) Assist applicants and recipients in securing	100967
documentation of disabling conditions or refer them for such	100968
assistance to a person or government entity with which the	100969
department of job and family services or county department has	100970
contracted under division (A) of this section;	100971

(3) Inform applicants and recipients of available sources of	100972
representation, which may include a person or government entity	100973
with which the department or county department has contracted	100974
under division (A) of this section, and of their right to	100975
represent themselves in reconsiderations and appeals of social	100976
security administration decisions that deny them supplemental	100977
security income benefits. The county department may require the	100978
applicants and recipients, as a condition of eligibility for	100979
assistance, to pursue reconsiderations and appeals of social	100980
security administration decisions that deny them supplemental	100981
security income benefits, and shall assist applicants and	100982
recipients as necessary to obtain such benefits or refer them to a	100983
person or government entity with which the department or county	100984
department has contracted under division (A) of this section.	100985

(4) Require applicants and recipients who, in the judgment of	100986
the county department, are or may be aged, blind, or disabled, to	100987
apply for ~~medical assistance under Chapter 5111. of the Revised~~	100988
~~Code~~the medicaid program, make determinations when appropriate as	100989
to eligibility for ~~medical assistance~~medicaid, and refer their	100990
applications when necessary to the disability determination unit	100991
established in accordance with division (F) of this section for	100992
expedited review;	100993

(5) Require each applicant and recipient who in the judgment	100994
of the department or the county department might be eligible for	100995
supplemental security income benefits, as a condition of	100996
eligibility for disability financial assistance, to execute a	100997
written authorization for the secretary of health and human	100998
services to withhold benefits due that individual and pay to the	100999
director of job and family services or the director's designee an	101000
amount sufficient to reimburse the state and county shares of	101001
interim assistance furnished to the individual. For the purposes	101002
of division (C)(5) of this section, "benefits" and "interim	101003
assistance" have the meanings given in Title XVI of the "Social	101004
Security Act."	101005

(D) The director of job and family services shall adopt rules	101006
in accordance with section 111.15 of the Revised Code for the	101007
effective administration of the disability advocacy program. The	101008
rules shall include all of the following:	101009

(1) Methods to be used in collecting information from and	101010
disseminating it to county departments, including the following:	101011

(a) The number of individuals in the county who are disabled	101012
recipients of disability financial assistance;	101013

(b) The final decision made either by the social security	101014
administration or by a court for each application or	101015
reconsideration in which an individual was assisted pursuant to	101016
this section.	101017

(2) The type and process of training to be provided by the	101018
department of job and family services to the employees of the	101019
county department of job and family services who perform duties	101020
under this section;	101021

(3) Requirements for the written authorization required by	101022
division (C)(5) of this section.	101023

(E) The department of job and family services shall provide	101024
basic and continuing training to employees of the county	101025
department of job and family services who perform duties under	101026
this section. Training shall include but not be limited to all	101027
processes necessary to obtain federal disability benefits, and	101028
methods of advocacy.	101029

(F) The department of medicaid shall establish a disability	101030
determination unit and develop guidelines for expediting reviews	101031
of applications for ~~medical assistance under Chapter 5111. of the~~	101032
~~Revised Code~~the medicaid program for persons who have been	101033
referred to the unit under division (C)(4) of this section. The	101034
department of medicaid shall make determinations of eligibility	101035
for ~~medical assistance~~medicaid for any such person within the	101036
time prescribed by federal regulations.	101037

(G) The department of job and family services may, under	101038
rules the director of job and family services adopts in accordance	101039
with section 111.15 of the Revised Code, pay a portion of the	101040
federal reimbursement described in division (C)(5) of this section	101041
to persons or government entities that assist or represent	101042
assistance recipients in reconsiderations and appeals of social	101043
security administration decisions denying them supplemental	101044
security income benefits.	101045

(H) The director of job and family services shall conduct	101046
investigations to determine whether disability advocacy programs	101047
are being administered in compliance with the Revised Code and the	101048
rules adopted by the director pursuant to this section.	101049

Sec. 5117.10. (A) On or before the fifteenth day of January,	101050
the director of development shall pay each applicant determined	101051
eligible for a payment under divisions (A) and (B) of section	101052
5117.07 of the Revised Code one hundred twenty-five dollars.	101053

(B) The director may withhold from any payment to which a	101054
person would otherwise be entitled under division (A) of this	101055
section any amount that the director determines was erroneously	101056
received by such person in a preceding year under this or the	101057
program established under Am. Sub. H.B. 230, as amended by Am.	101058
H.B. 937, Am. Sub. H.B. 1073, Am. Sub. S.B. 493, and Am. Sub. S.B.	101059
523 of the 112th general assembly, provided the director has	101060
employed all other legal methods reasonably available to obtain	101061
reimbursement for the erroneous payment or credit prior to the	101062
commencement of the current program year.	101063

(C) Payments made under this section and credits granted	101064
under section 5117.09 of the Revised Code shall not be considered	101065
income for the purpose of determining eligibility or the level of	101066
benefits or assistance under section 329.042 or Chapters 5107.,	101067
~~5111.,~~ and 5115. of the Revised Code; the medicaid program;	101068
supplemental security income payments under Title XVI of the	101069
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	101070
amended; or any other program under which eligibility or the level	101071
of benefits or assistance is based upon need measured by income.	101072

~~Sec. 3793.01.~~ Sec. 5119.01. (A) As used in this chapter:

101073

(1) "Addiction" means the chronic and habitual use of	101074
alcoholic beverages, the use of a drug of abuse as defined in	101075
section 3719.011 of the Revised Code, or the use of gambling by an	101076
individual to the extent that the individual no longer can control	101077
the individual's use of alcohol, the individual becomes physically	101078
or psychologically dependent on the drug, the individual's use of	101079
alcohol or drugs endangers the health, safety, or welfare of the	101080
individual or others, or the individual's gambling causes	101081
psychological, financial, emotional, marital, legal, or other	101082
difficulties endangering the health, safety, or welfare of the	101083
individual or others.	101084

(2) "Addiction services" means services, including	101085
intervention, for the treatment of persons with alcohol, drug, or	101086
gambling addictions, and for the prevention of such addictions.	101087

(3) "Alcohol and drug addiction services" means services,	101088
including intervention, for the treatment of alcoholics or persons	101089
who abuse drugs of abuse and for the prevention of alcoholism and	101090
drug addiction.	101091

(4) "Alcoholic" means a person suffering from alcoholism.

101092

(5) "Alcoholism" means the chronic and habitual use of	101093
alcoholic beverages by an individual to the extent that the	101094
individual no longer can control the individual's use of alcohol	101095
or endangers the health, safety, or welfare of the individual or	101096
others.	101097

~~(2) "Alcoholic" means a person suffering from alcoholism.~~

101098

~~(3)~~(6) "Community addiction services provider" means an	101099
agency, association, corporation, individual, or program that	101100
provides community alcohol, drug addiction, or gambling addiction	101101
services that are certified by the department of mental health and	101102
addiction services under section 5119.36 of the Revised Code.	101103

(7) "Community mental health services provider" means an	101104
agency, association, corporation, individual, or program that	101105
provides community mental health services that are certified by	101106
the department of mental health and addiction services under	101107
section 5119.36 of the Revised Code.	101108

(8) "Drug addiction" means the use of a drug of abuse, as	101109
defined in section 3719.011 of the Revised Code, by an individual	101110
to the extent that the individual becomes physically or	101111
psychologically dependent on the drug or endangers the health,	101112
safety, or welfare of the individual or others.	101113

~~(4) "Alcohol and drug addiction services" means services,~~	101114
~~including intervention, for the treatment of alcoholics or persons~~	101115
~~who abuse drugs of abuse and for the prevention of alcoholism and~~	101116
~~drug addiction.~~	101117

~~(5) "Alcohol and drug addiction program" means a program that~~	101118
~~provides alcohol or drug addiction services and includes a~~	101119
~~facility or entity that operates such a program.~~	101120

~~(6)~~(9) "Gambling addiction" means the use of gambling by an	101121
individual to the extent that it causes psychological, financial,	101122
emotional, marital, legal, or other difficulties endangering the	101123
health, safety, or welfare of the individual or others.	101124

~~(7)~~(10) "Gambling addiction services" means services for the	101125
treatment of persons who have a gambling addiction and for the	101126
prevention of gambling addiction.	101127

(11) "Hospital" means a hospital or inpatient unit licensed	101128
by the department of mental health and addiction services under	101129
section 5119.33 of the Revised Code, and any institution,	101130
hospital, or other place established, controlled, or supervised by	101131
the department under Chapter 5119. of the Revised Code.	101132

(12) "Mental illness" means a substantial disorder of	101133
thought, mood, perception, orientation, or memory that grossly	101134
impairs judgment, behavior, capacity to recognize reality, or	101135
ability to meet the ordinary demands of life.	101136

(13) "Mental health services" means services for the	101137
assessment, care, or treatment of persons who have a mental	101138
illness as defined in this section.	101139

(14)(a) "Residence" means a person's physical presence in a	101140
county with intent to remain there, except in either of the	101141
following circumstances:	101142

(i) If a person is receiving a mental health service at a	101143
facility that includes nighttime sleeping accommodations,	101144
"residence" means that county in which the person maintained the	101145
person's primary place of residence at the time the person entered	101146
the facility;	101147

(ii) If a person is committed pursuant to section 2945.38,	101148
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	101149
"residence" means the county where the criminal charges were	101150
filed.	101151

(b) When the residence of a person is disputed, the matter of	101152
residence shall be referred to the department of mental health and	101153
addiction services for investigation and determination. Residence	101154
shall not be a basis for a board of alcohol, drug addiction, and	101155
mental health services to deny services to any person present in	101156
the board's service district, and the board shall provide services	101157
for a person whose residence is in dispute while residence is	101158
being determined and for a person in an emergency situation.	101159

(B) Any reference in this chapter to a board of alcohol, drug	101160
addiction, and mental health services also refers to an alcohol	101161
and drug addiction services board or a community mental health	101162
board in a service district in which an alcohol and drug addiction	101163
services board or a community mental health board has been	101164
established under section 340.021 or former section 340.02 of the	101165
Revised Code.	101166

Sec. 5119.04. The department of ~~mental health~~mental health	101167
and addiction services and any institutions under its supervision	101168
or jurisdiction shall, where applicable, be in substantial	101169
compliance with standards set forth for psychiatric facilities by	101170
the joint commission ~~on accreditation of healthcare organizations~~	101171
or medical assistance standards under Title XIX of the "Social	101172
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or	101173
other applicable standards~~, except that the department and any~~	101174
~~institution under its supervision or jurisdiction shall be in~~	101175
~~substantial compliance with standards for physical facilities and~~	101176
~~equipment by July 1, 1989. The requirements of this section do not~~	101177
~~apply to any facility designated by the director of mental health~~	101178
~~for use as a psychiatric rehabilitation center~~.	101179

The requirements of this section are in addition to any other	101180
requirements established by the Revised Code and nothing in this	101181
section shall be construed to limit any rights, privileges,	101182
protections, or immunities which may exist under the constitution	101183
and laws of the United States or this state.	101184

~~Sec. 5119.27.~~ Sec. 5119.05. Subject to the rules of the director	101185
of ~~mental health~~mental health and addiction services, each	101186
institution under the jurisdiction of the department shall be	101187
under the management and control of a managing officer to be known	101188
as a ~~superintendent~~chief executive officer or by another	101189
appropriate title. Such managing officer shall be appointed by the	101190
director of ~~mental health~~mental health and addiction services,	101191
and shall be in the unclassified service and serve at the pleasure	101192
of the director. Each managing officer shall be of good moral	101193
character and have skill, ability, and experience in ~~his~~the	101194
managing officer's profession. ~~Appointment to this position may be~~	101195
~~made from persons holding positions in the classified service in~~	101196
~~the department.~~	101197

The managing officer, under the director, shall ~~have entire~~	101198
~~executive charge~~serve as the appointing authority of the	101199
institution ~~for~~to which such managing officer is appointed.	101200
Subject to civil service rules, the managing officer shall have	101201
the power to appoint ~~the necessary~~and remove employees ~~and he or~~	101202
~~the director may remove such employees for cause~~of the	101203
institution. On behalf of the institution, the managing officer	101204
has the authority and responsibility for entering into contracts	101205
and other agreements for the efficient operations of the	101206
institution.	101207

~~Sec. 5119.44.~~ Sec. 5119.051. The department of ~~mental health~~	101208
mental health and addiction services shall keep in its office a	101209
proper and complete set of books and accounts with each	101210
institution, which shall clearly show the nature and amount of	101211
every expenditure authorized and made at such institution, and	101212
which shall contain an account of all appropriations made by the	101213
general assembly and of all other funds, together with the	101214
disposition of such funds.	101215

The department shall prescribe the form of vouchers, records,	101216
and methods of keeping accounts at each of the institutions, which	101217
shall be as nearly uniform as possible. The department may examine	101218
the records of each institution at any time.	101219

The department may authorize any of its ~~bookeepers~~	101220
bookkeepers, accountants, or employees to examine and check the	101221
records, accounts, and vouchers or take an inventory of the	101222
property of any institution, or do whatever is necessary, and pay	101223
the actual and reasonable expenses incurred in such service when	101224
an itemized account is filed and approved.	101225

~~Sec. 5119.43.~~ Sec. 5119.06. The department of ~~mental health~~mental	101226
health and addiction services shall keep in its office, accessible	101227
only to its employees, except by the consent of the department or	101228
the order of the judge of a court of record, a record showing the	101229
name, residence, sex, age, nativity, occupation, condition, and	101230
date of entrance or commitment of every patient in the	101231
institutions governed by it, the date, cause, and terms of	101232
discharge and the condition of such person at the time of leaving,	101233
and also a record of all transfers from one institution to	101234
another, and, if such person dies while in the care or custody of	101235
the department, the date and cause of death. These and such other	101236
facts as the department requires shall be furnished by the	101237
managing officer of each institution within twenty-four hours	101238
after the commitment, entrance, death, or discharge of a patient.	101239

In case of an accident or injury or peculiar death of a	101240
patient the managing officer shall make a special report to the	101241
department within twenty-four hours thereafter, giving the	101242
circumstances as fully as possible.	101243

~~Sec. 5119.42.~~ Sec. 5119.07. A person, firm, or corporation may	101244
file a petition in the court of common pleas of the county in	101245
which a benevolent institution of the department of mental health	101246
and addiction services is located, in which petition the desire to	101247
erect or carry on at a less distance than that prescribed in	101248
section 3767.19 of the Revised Code shall be set forth, the	101249
business prohibited, the precise point of its establishment, and	101250
the reasons and circumstances, in its opinion, why the erection or	101251
carrying on ~~thereof~~of the business would not annoy or endanger	101252
the health, convenience, or recovery of the patients of such	101253
institution. The petitioner shall give notice in a newspaper of	101254
general circulation in the county of the pendency and prayer of	101255
the petition for at least six consecutive weeks before the day set	101256
for hearing the petition and serve a written notice upon the	101257
~~superintendent~~managing officer of the institution at least thirty	101258
days before the day set for hearing the petition.	101259

If, upon the hearing of the petition, it appears that the	101260
notice has been given as required and the court is of the opinion	101261
that no good reason exists why such establishment may not be	101262
erected or such business carried on and that by the erection or	101263
carrying on ~~thereof~~of the business at the point named, the	101264
institution will sustain no detriment, the court may issue an	101265
order granting the prayer of the petitioner. Thereafter the	101266
petitioner may locate such establishment or carry on such business	101267
at the point named in the petition.	101268

~~Sec. 5119.14.~~ Sec. 5119.08. (A) As used in this section, "felony"	101269
has the same meaning as in section 109.511 of the Revised Code.	101270

(B)(1) Subject to division (C) of this section, upon the	101271
recommendation of the director of ~~mental health~~mental health and	101272
addiction services, the managing officer of an institution under	101273
the jurisdiction of the department of ~~mental health~~mental health	101274
and addiction services may designate one or more employees to be	101275
special police officers of the department. The special police	101276
officers shall take an oath of office, wear the badge of office,	101277
and give bond for the proper and faithful discharge of their	101278
duties in an amount that the director requires.	101279

(2) In accordance with section 109.77 of the Revised Code,	101280
the special police officers shall be required to complete	101281
successfully a peace officer basic training program approved by	101282
the Ohio peace officer training commission and to be certified by	101283
the commission. The cost of the training shall be paid by the	101284
department of ~~mental health~~mental health and addiction services.	101285

(3) Special police officers, on the premises of institutions	101286
under the jurisdiction of the department of ~~mental health~~mental	101287
health and addiction services and subject to the rules of the	101288
department, shall protect the property of the institutions and the	101289
persons and property of patients in the institutions, suppress	101290
riots, disturbances, and breaches of the peace, and enforce the	101291
laws of the state and the rules of the department for the	101292
preservation of good order. They may arrest any person without a	101293
warrant and detain the person until a warrant can be obtained	101294
under the circumstances described in division (F) of section	101295
2935.03 of the Revised Code.	101296

(C)(1) The managing officer of an institution under the	101297
jurisdiction of the department of ~~mental health~~mental health and	101298
addiction services shall not designate an employee as a special	101299
police officer of the department pursuant to division (B)(1) of	101300
this section on a permanent basis, on a temporary basis, for a	101301
probationary term, or on other than a permanent basis if the	101302
employee previously has been convicted of or has pleaded guilty to	101303
a felony.	101304

(2)(a) The managing officer of an institution under the	101305
jurisdiction of the department of ~~mental health~~mental health and	101306
addiction services shall terminate the employment as a special	101307
police officer of the department of an employee designated as a	101308
special police officer under division (B)(1) of this section if	101309
that employee does either of the following:	101310

(i) Pleads guilty to a felony;

101311

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	101312
plea agreement as provided in division (D) of section 2929.43 of	101313
the Revised Code in which the employee agrees to surrender the	101314
certificate awarded to that employee under section 109.77 of the	101315
Revised Code.	101316

(b) The managing officer shall suspend from employment as a	101317
special police officer of the department an employee designated as	101318
a special police officer under division (B)(1) of this section if	101319
that employee is convicted, after trial, of a felony. If the	101320
special police officer files an appeal from that conviction and	101321
the conviction is upheld by the highest court to which the appeal	101322
is taken or if the special police officer does not file a timely	101323
appeal, the managing officer shall terminate the employment of	101324
that special police officer. If the special police officer files	101325
an appeal that results in that special police officer's acquittal	101326
of the felony or conviction of a misdemeanor, or in the dismissal	101327
of the felony charge against that special police officer, the	101328
managing officer shall reinstate that special police officer. A	101329
special police officer of the department who is reinstated under	101330
division (C)(2)(b) of this section shall not receive any back pay	101331
unless that special police officer's conviction of the felony was	101332
reversed on appeal, or the felony charge was dismissed, because	101333
the court found insufficient evidence to convict the special	101334
police officer of the felony.	101335

(3) Division (C) of this section does not apply regarding an	101336
offense that was committed prior to January 1, 1997.	101337

(4) The suspension from employment, or the termination of the	101338
employment, of a special police officer under division (C)(2) of	101339
this section shall be in accordance with ~~Chapter 119. of the~~	101340
~~Revised Code~~applicable collective bargaining agreements.	101341

~~Sec. 5119.30.~~ Sec. 5119.09. The attorney general shall attend to	101342
all ~~suits~~claims instituted on behalf of or against the department	101343
of mental health and addiction services or any institution under	101344
the jurisdiction of the department ~~of mental health~~ and the	101345
managing officer thereof, except such institutions as are	101346
privately owned or operated under a license from the department of	101347
~~mental health~~mental health and addiction services, and shall	101348
represent the public hospital in proceedings under section 5122.15	101349
of the Revised Code. The department of ~~mental health~~mental health	101350
and addiction services shall reimburse the attorney general for	101351
the compensation of assistant attorneys general required to	101352
represent the public hospital in proceedings under section 5122.15	101353
of the Revised code and shall also pay the costs of litigation	101354
incurred by the attorney general under that section.	101355

If a writ of habeas corpus is applied for, the clerk of the	101356
court shall give notice of the time and place of hearing to the	101357
attorney general.	101358

~~Sec. 5119.01.~~ Sec. 5119.10. (A) The director of ~~mental health~~	101359
mental health and addiction services is the chief executive and	101360
~~administrative officer~~appointing authority of the department of	101361
~~mental health~~mental health and addiction services. The director	101362
may organize the department for its efficient operation, including	101363
creating divisions or offices as necessary. The director may	101364
establish procedures for the governance of the department, conduct	101365
of its employees and officers, performance of its business, and	101366
custody, use, and preservation of departmental records, papers,	101367
books, documents, and property. Whenever the Revised Code imposes	101368
a duty upon or requires an action of the department or any of its	101369
institutions, the director or the director's designee shall	101370
perform the action or duty in the name of the department, except	101371
that the medical director appointed pursuant to section ~~5119.07~~	101372
5119.11 of the Revised Code shall be responsible for decisions	101373
relating to medical diagnosis, treatment, rehabilitation, quality	101374
assurance, and the clinical aspects of the following: licensure of	101375
hospitals and residential facilities, research, community	101376
addiction and mental health services plans, and certification and	101377
delivery of mental health and addiction services.	101378

(B) The director shall:

101379

~~(A)~~(1) Adopt rules for the proper execution of the powers and	101380
duties of the department with respect to the institutions under	101381
its control, and require the performance of additional duties by	101382
the officers of the institutions as necessary to fully meet the	101383
requirements, intents, and purposes of this chapter. In case of an	101384
apparent conflict between the powers conferred upon any managing	101385
officer and those conferred by such sections upon the department,	101386
the presumption shall be conclusive in favor of the department.	101387

~~(B)~~(2) Adopt rules for the nonpartisan management of the	101388
institutions under the department's control. An officer or	101389
employee of the department or any officer or employee of any	101390
institution under its control who, by solicitation or otherwise,	101391
exerts influence directly or indirectly to induce any other	101392
officer or employee of the department or any of its institutions	101393
to adopt the exerting officer's or employee's political views or	101394
to favor any particular person, issue, or candidate for office	101395
shall be removed from the exerting officer's or employee's office	101396
or position, by the department in case of an officer or employee,	101397
and by the governor in case of the director.	101398

~~(C)~~(3) Appoint such employees, including the medical	101399
director, as are necessary for the efficient conduct of the	101400
department, and prescribe their titles and duties;	101401

~~(D)~~(4) Prescribe the forms of affidavits, applications,	101402
medical certificates, orders of hospitalization and release, and	101403
all other forms, reports, and records that are required in the	101404
hospitalization or admission and release of all persons to the	101405
institutions under the control of the department, or are otherwise	101406
required under this chapter or Chapter 5122. of the Revised Code;	101407

~~(E) Contract with hospitals licensed by the department under~~	101408
~~section 5119.20 of the Revised Code for the care and treatment of~~	101409
~~mentally ill patients, or with persons, organizations, or agencies~~	101410
~~for the custody, evaluation, supervision, care, or treatment of~~	101411
~~mentally ill persons receiving services elsewhere than within the~~	101412
~~enclosure of a hospital operated under section 5119.02 of the~~	101413
~~Revised Code;~~	101414

~~(F)~~(5) Exercise the powers and perform the duties relating to	101415
community addiction and mental health facilities and services that	101416
are assigned to the director under this chapter and Chapter 340.	101417
of the Revised Code;	101418

~~(G)~~(6) Develop and implement clinical evaluation and	101419
monitoring of services that are operated by the department;	101420

~~(H)~~(7) Adopt rules establishing standards for the performance	101421
of evaluations by a forensic center or other psychiatric program	101422
or facility of the mental condition of defendants ordered by the	101423
court under section 2919.271, or 2945.371 of the Revised Code, and	101424
for the treatment of defendants who have been found incompetent to	101425
stand trial and ordered by the court under section 2945.38,	101426
2945.39, 2945.401, or 2945.402 of the Revised Code to receive	101427
treatment in facilities;	101428

~~(I)~~(8) On behalf of the department, have the authority and	101429
responsibility for entering into contracts and other agreements;	101430
with providers, agencies, institutions, and other entities, both	101431
public and private, as necessary for the department to carry out	101432
its duties under this chapter and Chapters 340., 2919., 2945., and	101433
5122. of the Revised Code. Chapter 125. of the Revised Code does	101434
not apply to contracts the director enters into under this section	101435
for services provided to individuals with mental illness by	101436
providers, agencies, institutions, and other entities not owned or	101437
operated by the department.	101438

~~(J) Prepare and publish regularly a state mental health plan~~	101439
~~that describes the department's philosophy, current activities,~~	101440
~~and long-term and short-term goals and activities;~~	101441

~~(K)~~(9) Adopt rules in accordance with Chapter 119. of the	101442
Revised Code specifying the supplemental services that may be	101443
provided through a trust authorized by section 5815.28 of the	101444
Revised Code;	101445

~~(L)~~(10) Adopt rules in accordance with Chapter 119. of the	101446
Revised Code establishing standards for the maintenance and	101447
distribution to a beneficiary of assets of a trust authorized by	101448
section 5815.28 of the Revised Code.	101449

(C) The director may contract with hospitals licensed by the	101450
department under section 5119.33 of the Revised Code for the care	101451
and treatment of mentally ill patients, or with persons,	101452
organizations, or agencies for the custody, evaluation,	101453
supervision, care, or treatment of mentally ill persons receiving	101454
services elsewhere than within the enclosure of a hospital	101455
operated under section 5119.14 of the Revised Code.	101456

~~Sec. 5119.07.~~ Sec. 5119.11. (A) The director of ~~mental health~~	101457
mental health and addiction services shall appoint a medical	101458
director who ~~is a psychiatrist as defined in division (E) of~~	101459
~~section 5122.01 of the Revised Code,~~ is eligible or certified by	101460
the American board of psychiatry and neurology or the American	101461
osteopathic board of neurology and psychiatry, and has at least	101462
five years of clinical and two years of administrative experience.	101463
The medical director shall also have certification or substantial	101464
training and experience in the field of addiction medicine or	101465
addiction psychiatry. The medical director shall be responsible	101466
for decisions relating to medical diagnosis, treatment,	101467
prevention, rehabilitation, quality assurance, and the clinical	101468
aspects of mental health and addiction services involving all of	101469
the following: ~~licensure~~	101470

(1) Licensure of hospitals ~~and~~, residential facilities,	101471
~~research, community mental health~~and outpatient facilities;	101472

(2) Research;

101473

(3) Community addiction and mental health services plans,;

101474

(4) Certification and delivery of mental health and addiction	101475
services. ~~The~~	101476

(B) The medical director shall also exercise clinical	101477
supervision of the chief clinical officers of hospitals and	101478
institutions under the jurisdiction of the department and shall	101479
review and approve decisions relating to the employment of the	101480
chief clinical officers. The medical director or ~~his~~the medical	101481
director's designee shall advise the director on matters relating	101482
to licensure, research, ~~community mental health plans,~~ and the	101483
certification and delivery of mental health and addiction services	101484
and community plans. The medical director shall participate in the	101485
development of guidelines for community addiction and mental	101486
health services plans. The director of ~~mental health~~mental	101487
health and addiction services may establish other duties of the	101488
medical director. ~~The medical director shall participate in the~~	101489
~~development of guidelines for community mental health plans.~~	101490

~~Sec. 5119.02.~~ Sec. 5119.14. (A) The department of ~~mental health~~	101491
mental health and addiction services shall maintain, operate,	101492
manage, and govern state institutions and other services for the	101493
care and treatment of mentally ill persons.	101494

(B)(1) The department of ~~mental health~~mental health and	101495
addiction services may, with the approval of the governor,	101496
designate ~~all~~the name and purpose of any institutions under its	101497
jurisdiction ~~by appropriate respective names, regardless of~~	101498
~~present statutory designation~~and may change, with the approval of	101499
the governor, the designation and name when necessary.	101500

~~(C)~~(2) The department shall divide the state into districts	101501
for the purpose of designating the institution in which mentally	101502
ill persons are hospitalized and may change the districts.	101503

(3) Subject to section 5139.08 and pursuant to Chapter 5122.	101504
of the Revised Code and on the agreement of the departments of	101505
~~mental health~~mental health and addiction services and youth	101506
services, the department of ~~mental health~~mental health and	101507
addiction services may receive from the department of youth	101508
services for psychiatric observation, diagnosis, or treatment any	101509
person eighteen years of age or older in the custody of the	101510
department of youth services. The departments ~~shall~~may enter into	101511
a written agreement specifying the procedures necessary to	101512
implement this division.	101513

~~(D)~~(C) The department of ~~mental health~~mental health and	101514
addiction services shall designate hospitals, facilities, and	101515
community mental health ~~agencies~~services providers for the	101516
custody, care, and special treatment of, and authorize payment for	101517
such custody, care, and special treatment provided to, persons who	101518
are charged with a crime and who are found incompetent to stand	101519
trial or not guilty by reason of insanity.	101520

~~(E)~~(D) The department of ~~mental health~~mental health and	101521
addiction services may do ~~all~~any of the following:	101522

(1) Require reports from the managing officer of any	101523
institution under the department's jurisdiction, relating to the	101524
admission, examination, comprehensive evaluation, diagnosis,	101525
release, or discharge of any patient;	101526

(2) Visit each institution regularly to review its operations	101527
and to investigate complaints made by any patient or by any person	101528
on behalf of a patient, provided these duties may be performed by	101529
a person designated by the director.	101530

~~(F) The department of mental health shall divide the state~~	101531
~~into districts for the purpose of designating the institution in~~	101532
~~which mentally ill persons are hospitalized, and may change the~~	101533
~~districts.~~	101534

~~(G)~~(E) The department of mental health and addiction services	101535
may provide or contract to provide addiction services for	101536
offenders incarcerated in the state prison system.	101537

(F) In addition to the powers expressly conferred, the	101538
department of ~~mental health~~mental health and addiction services	101539
shall have all powers and authority necessary for the full and	101540
efficient exercise of the executive, administrative, and fiscal	101541
supervision over the state institutions described in this section.	101542

~~(H) The department of mental health may provide for the~~	101543
~~custody, supervision, control, treatment, and training of mentally~~	101544
~~ill persons hospitalized elsewhere than within the enclosure of a~~	101545
~~hospital, if the department so determines with respect to any~~	101546
~~individual or group of individuals. In all such cases, the~~	101547
~~department shall ensure adequate and proper supervision for the~~	101548
~~protection of such persons and of the public.~~	101549

~~Sec. 5119.012.~~ Sec. 5119.141. The department of ~~mental health~~	101550
mental health and addiction services has all the authority	101551
necessary to carry out its powers and duties under this chapter	101552
and Chapters 340., 2919., 2945., and 5122. of the Revised Code,	101553
including the authority to adopt rules pursuant to Chapter 119. of	101554
the Revised Code that may be necessary to carry out the purposes	101555
of this chapter and Chapters 340., 2919., 2945., and 5122. of the	101556
Revised Code.	101557

~~Sec. 5119.24.~~ Sec. 5119.15. The department of ~~mental health~~mental	101558
health and addiction services may make such investigations as are	101559
necessary in the performance of its duties and to that end the	101560
director of ~~mental health~~mental health and addiction services	101561
shall have the same power as a judge of a county court to	101562
administer oaths and to enforce the attendance and testimony of	101563
witnesses and the production of books or papers.	101564

The department shall keep a record of such investigations	101565
stating the time, place, charges or subject, witnesses summoned	101566
and examined, and its conclusions.	101567

In matters involving the conduct of an officer, a	101568
stenographic report of the evidence shall be taken and a copy of	101569
such report, with all documents introduced, kept on file at the	101570
office of the department.	101571

The fees of witnesses for attendance and travel shall be the	101572
same as in the court of common pleas, but no officer or employee	101573
of the institution under investigation is entitled to such fees.	101574

Any judge of the probate court or of the court of common	101575
pleas, upon application of the department, may compel the	101576
attendance of witnesses, the production of books or papers, and	101577
the giving of testimony before the department, by a judgment for	101578
contempt or otherwise, in the same manner as in cases before such	101579
courts.	101580

The department of ~~mental health~~mental health and addiction	101581
services may appoint and commission any competent agency or	101582
person, to serve without compensation, as a special agent,	101583
investigator, or representative to perform a designated duty for	101584
the department. Specific credentials shall be given by the	101585
department to each person so designated. Each credential shall	101586
state the:	101587

(A) Name of the agent, investigator, or representative;

101588

(B) Agency with which such person is connected;

101589

101590

(D) Date of expiration of appointment;

101591

(E) Such information as the department considers proper.

101592

~~Sec. 3793.051.~~ Sec. 5119.161. The department of ~~alcohol and drug~~	101593
~~addiction services~~mental health and addiction services, in	101594
conjunction with the department of job and family services, shall	101595
develop a joint state plan to improve the accessibility and	101596
timeliness of alcohol and drug addiction services for individuals	101597
identified by a public children services agency as in need of	101598
those services. The plan shall address the fact that Ohio works	101599
first participants may be among the persons receiving services	101600
under section 340.15 of the Revised Code and shall require the	101601
department of job and family services to seek federal funds	101602
available under Title IV-A of the "Social Security Act," 49 Stat.	101603
620 (1935), 42 U.S.C.A. 301, as amended, for the provision of the	101604
services to Ohio works first participants who are receiving	101605
services under section 340.15 of the Revised Code.	101606

The plan shall address the need and manner for sharing	101607
information and include a request for the general assembly to	101608
appropriate an amount of funds specified in the report to be used	101609
by the departments to pay for services under section 340.15 of the	101610
Revised Code. The departments shall review and amend the plan as	101611
necessary.	101612

Not later than the first day of July of each even-numbered	101613
year, the departments shall submit a report on the progress made	101614
under the joint state plan to the governor, president of the	101615
senate, and speaker of the house of representatives. The report	101616
shall include information on treatment capacity, needs	101617
assessments, and number of individuals who received services	101618
pursuant to section 340.15 of the Revised Code.	101619

~~Sec. 3793.15.~~ Sec. 5119.17. (A) The department of ~~alcohol and drug~~	101620
~~addiction services~~mental health and addiction services, in	101621
accordance with division (B) of this section, shall give priority	101622
to developing, and promptly shall develop, with available public	101623
and private resources a program that does all of the following:	101624

(1) Provides a manner of identifying the aggregate number of	101625
pregnant women in this state who are addicted to a drug of abuse;	101626

(2) Provides for an effective means of intervention to	101627
eliminate the addiction of pregnant women to drugs of abuse prior	101628
to the birth of their children;	101629

(3) Provides for the continued monitoring of women who were	101630
addicted to a drug of abuse during their pregnancies, after the	101631
birth of their children, and for the availability of treatment and	101632
rehabilitation for those women;	101633

(4) Provides a manner of determining the aggregate number of	101634
children who are born in this state to women who are addicted, at	101635
the time of birth, to a drug of abuse, and of children who are	101636
born in this state with an addiction to or a dependency on a drug	101637
of abuse;	101638

(5) Provides for the continued monitoring of children who are	101639
born in this state to women who are addicted, at the time of	101640
birth, to a drug of abuse, or who are born in this state with an	101641
addiction to or dependency on a drug of abuse, after their birth;	101642

(6) Provides for the treatment and rehabilitation of any	101643
child who is born to a woman who is addicted, at the time of	101644
birth, to a drug of abuse, and of any child who is born with an	101645
addiction to or dependency on a drug of abuse.	101646

(B) In developing the program described in division (A) of	101647
this section, the department may obtain information from the	101648
department of health and the department of job and family	101649
services, and those departments shall cooperate with the	101650
department of ~~alcohol and drug addiction services~~mental health	101651
and addiction services in its development and implementation of	101652
the program.	101653

(C) Immediately upon its development of the program described	101654
in division (A) of this section, the department shall implement	101655
the program.	101656

(D) Any record or information that is obtained or maintained	101657
by the department in connection with the program described in	101658
division (A) of this section and could enable the identification	101659
of any woman or child described in division (A)(1) or (4) of this	101660
section is not a public record subject to inspection or copying	101661
under section 149.43 of the Revised Code.	101662

~~Sec. 5119.071.~~ Sec. 5119.18. An appointing authority may appoint a	101663
person who holds a certified or permanent position in the	101664
classified service within the department of ~~mental health~~mental	101665
health and addiction services to a position in the unclassified	101666
service within the department. A person appointed pursuant to this	101667
section to a position in the unclassified service shall retain the	101668
right to resume the position and status held by the person in the	101669
classified service immediately prior to the person's appointment	101670
to the position in the unclassified service, ~~regardless of the~~	101671
~~number of positions the person held in the unclassified service.~~	101672
~~An employee's right to resume a position in the classified service~~	101673
~~may only be exercised when an appointing authority demotes the~~	101674
~~employee to a pay range lower than the employee's current pay~~	101675
~~range or revokes the employee's appointment to the unclassified~~	101676
~~service. An employee forfeits the right to resume a position in~~	101677
~~the classified service when the employee is removed from the~~	101678
~~position in the unclassified service due to incompetence,~~	101679
~~inefficiency, dishonesty, drunkenness, immoral conduct,~~	101680
~~insubordination, discourteous treatment of the public, neglect of~~	101681
~~duty, violation of this chapter or Chapter 124. of the Revised~~	101682
~~Code, violation of the rules of the director of administrative~~	101683
~~services or the director of mental health, any other failure of~~	101684
~~good behavior, any other acts of misfeasance, malfeasance, or~~	101685
~~nonfeasance in office, or conviction of a felony. An employee also~~	101686
~~forfeits the right to resume a position in the classified service~~	101687
~~upon transfer to a different agency.~~	101688

~~Reinstatement to a position in the classified service shall~~	101689
~~be to a position substantially equal to that position in the~~	101690
~~classified service held previously, as certified by the director~~	101691
~~of administrative services. If the position the person previously~~	101692
~~held in the classified service has been placed in the unclassified~~	101693
~~service or is otherwise unavailable, the person shall be appointed~~	101694
~~to a position in the classified service within the department that~~	101695
~~the director of administrative services certifies is comparable in~~	101696
~~compensation to the position the person previously held in the~~	101697
~~classified service. Service in the position in the unclassified~~	101698
~~service shall be counted as service in the position in the~~	101699
~~classified service held by the person immediately prior to the~~	101700
~~person's appointment to the position in the unclassified service.~~	101701
~~When a person is reinstated to a position in the classified~~	101702
~~service as provided in this section, the person is entitled to all~~	101703
~~rights, status, and benefits accruing to the position in the~~	101704
~~classified service during the person's time of service in the~~	101705
~~position in the unclassified service~~pursuant to division (D) of	101706
section 124.11 of the Revised Code.	101707

~~Sec. 5119.072.~~ Sec. 5119.181. (A) No appointing officer shall	101708
appoint a person to fill a position in either the classified or	101709
unclassified service of the department of ~~mental health~~mental	101710
health and addiction services if the person has been convicted of	101711
or pleaded guilty to a violation of the following:	101712

(1) Any felony contained in the Revised Code, if the felony	101713
bears a direct and substantial relationship to the position being	101714
filled;	101715

(2) Any crime contained in the Revised Code constituting a	101716
misdemeanor of the first degree on the first offense and a felony	101717
on subsequent offenses, if the crime bears a direct and	101718
substantial relationship to the position being filled;	101719

(3) An existing or former law of this state, any other state,	101720
or the United States, if the law violated is substantially	101721
equivalent to any of the offenses described in division (A)(1) or	101722
(2) of this section.	101723

(B) The director of ~~mental health~~mental health and addiction	101724
services shall adopt rules, in accordance with Chapter 119. of the	101725
Revised Code, to implement this section.	101726

(C) The director or an appointing officer shall request the	101727
bureau of criminal identification and investigation created by	101728
section 109.51 of the Revised Code or, at ~~his~~the director's or	101729
appointing officer's discretion, any other state or federal	101730
agency, to supply ~~him~~the director or appointing officer with a	101731
written report regarding the criminal records of any applicant.	101732
For each investigation undertaken at the department's request	101733
under this section, the department shall pay a reasonable fee to	101734
the bureau or other state or federal agency conducting the	101735
investigation. The amount of the fee shall be determined by the	101736
bureau or other state or federal agency conducting the	101737
investigation and shall be sufficient to cover the costs of	101738
conducting the investigation. The report made by the bureau or	101739
other state or federal agency is not a public record for purposes	101740
of section 149.43 of the Revised Code and shall not be made	101741
available to any person, except the applicant, the director, the	101742
appointing officer or ~~his designee~~the appointing officer's	101743
designees, or any hearing officer involved in a case denying	101744
employment.	101745

(D) As used in this section, "applicant" means a person who	101746
is under final consideration for appointment to a position in the	101747
classified or unclassified service of the department of ~~mental~~	101748
~~health~~mental health and addiction services.	101749

~~Sec. 5119.08.~~ Sec. 5119.182. The department of ~~mental health shall~~	101750
mental health and addiction services may require any of its	101751
employees and each officer and employee of every institution under	101752
its control who may be charged with custody or control of any	101753
money or property belonging to the state or who is required to	101754
give bond, to give a surety company bond, properly conditioned, in	101755
a sum to be fixed by the department which when approved by the	101756
department, shall be filed in the office of the secretary of	101757
state. The cost of such bonds, when approved by the department,	101758
shall be paid from funds available for the department. The bonds	101759
required or authorized by this section may, in the discretion of	101760
the director of ~~mental health~~mental health and addiction	101761
services, be individual, schedule, or blanket bonds.	101762

~~Sec. 5119.10.~~ Sec. 5119.184. The department of ~~mental health~~	101763
mental health and addiction services may provide educational	101764
grants or tuition reimbursements to upgrade the education,	101765
training, and professional achievement of its employees, whenever	101766
it determines that provision of such grants or reimbursements is	101767
essential to the achievement of its goals. The department may	101768
enter into agreements with its employees for the purposes of this	101769
section. The agreements may require, as a condition of each grant	101770
or reimbursement, that the employee continue employment with the	101771
department or with another federal, state, or local public agency	101772
designated by the department for a period of time stated in the	101773
agreement. If an employee does not fulfill the employment	101774
requirement stated in the agreement, the department may take	101775
action to recover the amount of all educational grants or tuition	101776
reimbursements paid to the employee under this section, plus	101777
interest at the rate of ten per cent per year calculated from the	101778
date of payment of each grant or reimbursement.	101779

~~Sec. 5119.101.~~ Sec. 5119.185. (A) As used in this section,	101780
"physician" means an individual authorized under Chapter 4731. of	101781
the Revised Code to practice medicine and surgery or osteopathic	101782
medicine and surgery.	101783

(B) The department of ~~mental health~~mental health and	101784
addiction services may establish a physician recruitment program	101785
under which the department agrees to repay all or part of the	101786
principal and interest of a government or other educational loan	101787
incurred by a physician who agrees to provide services to	101788
inpatients and outpatients of institutions under the department's	101789
administration. To be eligible to participate in the program, a	101790
physician must have attended a school that was, at the time of	101791
attendance, a medical school or osteopathic medical school in this	101792
country accredited by the liason committee on medical education or	101793
the American osteopathic association, or a medical school or	101794
osteopathic medical school located outside this country that was	101795
acknowledged by the world health organization and verified by a	101796
member state of that organization as operating within that state's	101797
jurisdiction.	101798

(C) The department shall enter into a contract with each	101799
physician it recruits under this section. Each contract shall	101800
include at least the following terms:	101801

(1) The physician agrees to provide a specified scope of	101802
medical or osteopathic medical services for a specified number of	101803
hours per week and a specified number of years to patients of one	101804
or more specified institutions administered by the department.	101805

(2) The department agrees to repay all or a specified portion	101806
of the principal and interest of a government or other educational	101807
loan taken by the physician for the following expenses if the	101808
physician meets the service obligation agreed to and the expenses	101809
were incurred while the physician was enrolled in, for up to a	101810
maximum of four years, a school that qualifies the physician to	101811
participate in the program:	101812

(a) Tuition;

101813

(b) Other educational expenses for specific purposes,	101814
including fees, books, and laboratory expenses, in amounts	101815
determined to be reasonable in accordance with rules adopted under	101816
division (D) of this section;	101817

(c) Room and board, in an amount determined to be reasonable	101818
in accordance with rules adopted under division (D) of this	101819
section.	101820

(3) The physician agrees to pay the department a specified	101821
amount, which shall be not less than the amount already paid by	101822
the department pursuant to its agreement, as damages if hethe	101823
physician fails to complete the service obligation agreed to or	101824
fails to comply with other specified terms of the contract. The	101825
contract may vary the amount of damages based on the portion of	101826
the physician's service obligation that remains uncompleted as	101827
determined by the department.	101828

(4) Other terms agreed upon by the parties.

101829

(D) If the department elects to implement the physician	101830
recruitment program, it shall adopt rules in accordance with	101831
Chapter 119. of the Revised Code that establish all of the	101832
following:	101833

(1) Criteria for designating institutions for which	101834
physicians will be recruited;	101835

(2) Criteria for selecting physicians for participation in	101836
the program;	101837

(3) Criteria for determining the portion of a physician's	101838
loan that the department will agree to repay;	101839

(4) Criteria for determining reasonable amounts of the	101840
expenses described in divisions (C)(2)(b) and (c) of this section;	101841

(5) Procedures for monitoring compliance by physicians with	101842
the terms of their contracts;	101843

(6) Any other criteria or procedures necessary to implement	101844
the program.	101845

~~Sec. 5119.11.~~ Sec. 5119.186. (A) The director of ~~mental health~~	101846
mental health and addiction services or the managing officer of an	101847
institution of the department may enter into an agreement with	101848
boards of trustees or boards of directors of one or more	101849
institutions of higher education or hospitals licensed pursuant to	101850
section ~~5119.20~~5119.33 of the Revised Code to establish, manage,	101851
and conduct collaborative training efforts for students enrolled	101852
in courses of studies for occupations or professions ~~which may be~~	101853
~~determined by the director upon the approval of the medical~~	101854
~~director to be in occupations or professions needed to provide~~	101855
~~adequate~~that involve the care and treatment for persons receiving	101856
mental health or addiction services.	101857

(B) Such collaborative training efforts may include but are	101858
not limited to programs in psychiatry, psychology, nursing, social	101859
work, counseling professions, and others considered appropriate by	101860
the director of ~~mental health~~mental health and addiction	101861
services. Any such program shall be approved or accredited by its	101862
respective professional organization or state board having	101863
jurisdiction over the profession.	101864

(1) The department shall require that the following be	101865
provided for in agreements between the department and institutions	101866
of higher education or hospitals licensed pursuant to section	101867
~~5119.20~~5119.33 of the Revised Code:	101868

(a) Establishment of inter-disciplinary committees to advise	101869
persons responsible for training programs. Each committee shall	101870
have representation drawn from the geographical community the	101871
institution of higher education or hospital serves and shall	101872
include representatives of agencies, boards, targeted populations	101873
as determined by the department, racial and ethnic minority	101874
groups, and publicly funded programs;	101875

(b) Funding procedures;

101876

(c) Specific outcomes and accomplishments that are expected	101877
or required of a program under such agreement;	101878

(d) The types of services to be provided under such	101879
agreement.	101880

(2) The department may require that the following be provided	101881
for in agreements between the department and institutions of	101882
higher education or hospitals licensed pursuant to section ~~5119.20~~	101883
5119.33 of the Revised Code:	101884

(a) Special arrangements for individual residents or trainees	101885
to encourage their employment in publicly funded settings upon	101886
completion of their training;	101887

(b) Procedures for the selection of residents or trainees to	101888
promote the admission, retention, and graduation of women,	101889
minorities, and ~~handicapped~~disabled persons;	101890

(c) Cross-cultural training and other subjects considered	101891
necessary to enhance training efforts and the care and treatment	101892
of patients and clients;	101893

(d) Funding of faculty positions oriented toward meeting the	101894
needs of publicly funded programs.	101895

Subject to appropriations by the general assembly, the	101896
director of ~~mental health~~mental health and addiction services has	101897
final approval of the funding of these collaborative training	101898
efforts.	101899

~~Sec. 5119.12.~~ Sec. 5119.187. The courses of study for the	101900
instruction and training of all persons in institutions under the	101901
control of the department of ~~mental health~~mental health and	101902
addiction services shall be subject to the approval of the	101903
superintendent of public instruction.	101904

All teachers employed in institutions under the control of	101905
the department of ~~mental health~~mental health and addiction	101906
services shall possess such educator licenses or have such	101907
qualifications and approval as the superintendent of public	101908
instruction, after consulting with the officers in charge of the	101909
institutions, prescribes for the various types of service in the	101910
institutions.	101911

~~Sec. 3793.16.~~ Sec. 5119.188. (A) As used in this section, "state	101912
correctional institution" has the same meaning as in section	101913
2967.01 of the Revised Code.	101914

(B) The department of ~~alcohol and drug addiction services~~	101915
mental health and addiction services shall develop a program that	101916
is designed to educate and train the employees of each state	101917
correctional institution, the employees of each department of	101918
youth services institution, and other persons associated by	101919
contract or otherwise with each state correctional institution or	101920
each department of youth services institution, who will be	101921
responsible for the conduct of, or otherwise providing treatment	101922
or rehabilitation services pursuant to, a substance abuse	101923
treatment or rehabilitation program offered in the institution to	101924
adult prisoners or juvenile offenders. Upon the development of the	101925
educational and training program, the department of ~~alcohol and~~	101926
~~drug addiction services~~mental health and addiction services	101927
promptly shall commence its implementation. The department of	101928
~~alcohol and drug addiction services~~mental health and addiction	101929
services may charge to the department of rehabilitation and	101930
correction and to the department of youth services a reasonable	101931
annual fee that reflects the expenses incurred by it during the	101932
immediately preceding calendar year in preparing and offering the	101933
educational and training program during that year to the	101934
respective employees and other associated persons described in	101935
this division.	101936

The director of rehabilitation and correction and the	101937
director of youth services shall require the respective employees	101938
and other associated persons described in this division to attend	101939
and successfully complete the educational and training program	101940
developed pursuant to this division as a condition of their	101941
continuing to have responsibility for the conduct of, or their	101942
continuing to provide treatment or rehabilitation services	101943
pursuant to, any treatment or rehabilitation program that is	101944
offered in a state correctional institution or in a department of	101945
youth services institution to adult prisoners or juvenile	101946
offenders. If the department of ~~alcohol and drug addiction~~	101947
~~services~~mental health and addiction services charges a reasonable	101948
annual fee as described in this division, the director involved	101949
shall cause that fee to be paid from any available funds of the	101950
department of rehabilitation and correction or any available funds	101951
of the department of youth services.	101952

(C) The department of rehabilitation and correction and the	101953
department of ~~alcohol and drug addiction services~~mental health	101954
and addiction services jointly shall develop program	101955
specifications for the alcohol and drug addiction treatment	101956
programs offered in state correctional institutions.	101957

~~Sec. 3793.031.~~ Sec. 5119.201. (A) The director of ~~alcohol and drug~~	101958
~~addiction services~~mental health and addiction services may	101959
acquire by purchase, lease, or otherwise such real and personal	101960
property rights in the name of the state as are necessary for the	101961
purposes of the department. ~~The~~	101962

(B) When it is necessary for a state institution under the	101963
jurisdiction of the department to acquire any real estate,	101964
right-of-way, or easement in real estate in order to accomplish	101965
the purposes for which it was organized or is being conducted, and	101966
the department is unable to agree with the owner of such property	101967
upon the price to be paid for the property, such property may be	101968
appropriated in the manner provided for the appropriation of	101969
property for other state purposes.	101970

(C) The director~~, with the approval of the governor and the~~	101971
~~attorney general,~~ may work with the department of administrative	101972
services to sell, lease, or exchange portions of real and personal	101973
property of the department when the sale, lease, or exchange is	101974
advantageous to the state. Money received from such sales, leases,	101975
or exchanges shall be credited to the ~~general revenue~~the	101976
department of mental health and addiction services trust fund,	101977
created in section 5119.46 of the Revised Code.	101978

(D) Any instrument by which real property is acquired	101979
pursuant to this section shall identify the agency of the state	101980
that has the use and benefit of the real property as specified in	101981
section 5301.012 of the Revised Code.	101982

~~Sec. 5119.06.~~ Sec. 5119.21. (A) The department of ~~mental health~~	101983
mental health and addiction services shall:	101984

~~(A)~~(1) To the extent the department has available resources	101985
and in consultation with boards of alcohol, drug addiction, and	101986
mental health services, support a ~~community support system~~	101987
continuum of care in accordance with ~~section 340.03~~Chapter 340.	101988
of the Revised Code on a district or multi-district basis. The	101989
department shall define the essential elements of a ~~community~~	101990
~~support system~~continuum of care, shall assist in identifying	101991
resources, and may prioritize support for one or more of the	101992
elements.	101993

~~(B) Operate inpatient and other mental health services;~~

101994

~~(C)~~(2) Provide training, consultation, and technical	101995
assistance regarding mental health ~~programs~~ and addiction services	101996
and appropriate prevention, recovery, and mental health promotion	101997
activities, including those that are culturally ~~sensitive~~	101998
competent, to employees of the department, community mental health	101999
~~agencies~~ and addiction services providers, boards of alcohol, drug	102000
addiction, and mental health services, and other agencies	102001
providing mental health and addiction services;	102002

~~(D)~~(3) To the extent the department has available resources,	102003
promote and support a full range of mental health and addiction	102004
services that are available and accessible to all residents of	102005
this state, especially for severely mentally disabled children,	102006
adolescents, ~~and~~ adults, pregnant women, parents, guardians or	102007
custodians of children at risk of abuse or neglect, and other	102008
special target populations, including racial and ethnic	102009
minorities, as determined by the department;	102010

~~(E)~~(4) Develop standards and measures for evaluating the	102011
effectiveness of mental health and addiction services, including	102012
services that use methadone treatment, of gambling addiction	102013
services, and for increasing the accountability of mental health	102014
and alcohol and addiction services providers and of gambling	102015
addiction services providers;	102016

(5) Design and set criteria for the determination of ~~severe~~	102017
~~mental disability~~priority populations;	102018

~~(F) Establish standards for evaluation of mental health~~	102019
~~programs;~~	102020

~~(G)~~(6) Promote, direct, conduct, and coordinate scientific	102021
research, taking ethnic and racial differences into consideration,	102022
concerning the causes and prevention of mental illness and	102023
addiction, methods of providing effective services and treatment,	102024
and means of enhancing the mental health of and recovery from	102025
addiction of all residents of this state;	102026

~~(H)~~(7) Foster the establishment and availability of	102027
vocational rehabilitation services and the creation of employment	102028
opportunities for consumers of mental health and addiction	102029
services, including members of racial and ethnic minorities;	102030

~~(I)~~(8) Establish a program to protect and promote the rights	102031
of persons receiving mental health and addiction services,	102032
including the issuance of guidelines on informed consent and other	102033
rights;	102034

~~(J) Establish, in consultation with board of alcohol, drug~~	102035
~~addiction, and mental health services representatives and after~~	102036
~~consideration of the recommendations of the medical director,~~	102037
~~guidelines for the development of community mental health plans~~	102038
~~and the review and approval or disapproval of such plans submitted~~	102039
~~pursuant to section 340.03 of the Revised Code;~~	102040

~~(K)~~(9) Promote the involvement of persons who are receiving	102041
or have received mental health or addiction services, including	102042
families and other persons having a close relationship to a person	102043
receiving ~~mental health~~those services, in the planning,	102044
evaluation, delivery, and operation of mental health and addiction	102045
services;	102046

~~(L)~~(10) Notify and consult with the relevant constituencies	102047
that may be affected by rules, standards, and guidelines issued by	102048
the department of ~~mental health~~mental health and addiction	102049
services. These constituencies shall include consumers of mental	102050
health and addiction services and their families, and may include	102051
public and private providers, employee organizations, and others	102052
when appropriate. Whenever the department proposes the adoption,	102053
amendment, or rescission of rules under Chapter 119. of the	102054
Revised Code, the notification and consultation required by this	102055
division shall occur prior to the commencement of proceedings	102056
under Chapter 119. The department shall adopt rules under Chapter	102057
119. of the Revised Code that establish procedures for the	102058
notification and consultation required by this division.	102059

~~(M) In cooperation with board of alcohol, drug addiction, and~~	102060
~~mental health services representatives, provide training regarding~~	102061
~~the provision of community-based mental health services to those~~	102062
~~department employees who are utilized in state-operated,~~	102063
~~community-based mental health services;~~	102064

~~(N)~~(11) Provide consultation to the department of	102065
rehabilitation and correction concerning the delivery of mental	102066
health and addiction services in state correctional institutions.	102067

(12) Promote and coordinate efforts in the provision of	102068
alcohol and drug addiction services and of gambling addiction	102069
services by other state agencies, as defined in section 1.60 of	102070
the Revised Code; courts; hospitals; clinics; physicians in	102071
private practice; public health authorities; boards of alcohol,	102072
drug addiction, and mental health services; alcohol and drug	102073
addiction services providers; law enforcement agencies; gambling	102074
addiction services providers; and related groups;	102075

(13) Provide to each court of record, and biennially update,	102076
a list of the treatment and education programs within that court's	102077
jurisdiction that the court may require an offender, sentenced	102078
pursuant to section 4511.19 of the Revised Code, to attend;	102079

(14) Make the warning sign described in sections 3313.752,	102080
3345.41, and 3707.50 of the Revised Code available on the	102081
department's internet web site;	102082

(15) Provide a program of gambling addiction services on	102083
behalf of the state lottery commission, pursuant to an agreement	102084
entered into with the director of the commission under division	102085
(K) of section 3770.02 of the Revised Code, and provide a program	102086
of gambling addiction services on behalf of the Ohio casino	102087
control commission, under an agreement entered into with the	102088
executive director of the commission under section 3772.062 of the	102089
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	102090
Constitution, the department may enter into agreements with boards	102091
of alcohol, drug addiction, and mental health services, including	102092
boards with districts in which a casino facility is not located,	102093
and nonprofit organizations to provide gambling addiction services	102094
and substance abuse services, and with state institutions of	102095
higher education or private nonprofit institutions that possess a	102096
certificate of authorization issued under Chapter 1713. of the	102097
Revised Code to perform related research.	102098

(B) The department may accept and administer grants from	102099
public or private sources for carrying out any of the duties	102100
enumerated in this section.	102101

(C) Pursuant to Chapter 119. of the Revised Code, the	102102
department shall adopt a rule defining the term "intervention" as	102103
it is used in this chapter in connection with alcohol and drug	102104
addiction services and in connection with gambling addiction	102105
services. The department may adopt other rules as necessary to	102106
implement the requirements of this chapter.	102107

~~Sec. 5119.61.~~ Sec. 5119.22. ~~Any provision in this chapter that~~	102108
~~refers to a board of alcohol, drug addiction, and mental health~~	102109
~~services also refers to the community mental health board in an~~	102110
~~alcohol, drug addiction, and mental health service district that~~	102111
~~has a community mental health board.~~	102112

The director of ~~mental health~~mental health and addiction	102113
services with respect to all mental health and addiction	102114
facilities and ~~programs~~services established and operated or	102115
provided under Chapter 340. of the Revised Code ~~for mentally ill~~	102116
~~and emotionally disturbed persons~~, shall do all of the following:	102117

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	102118
that may be necessary to carry out the purposes of ~~Chapter~~this	102119
chapter and Chapters 340. and ~~sections 5119.61 to 5119.63~~5122. of	102120
the Revised Code.	102121

~~(1) The rules shall include the following:~~

102122

~~(a) Rules governing a community mental health agency's~~	102123
~~services under section 340.091 of the Revised Code to an~~	102124
~~individual referred to the agency under division (D)(2) of section~~	102125
~~5119.69 of the Revised Code;~~	102126

~~(b) For the purpose of division (A)(16) of section 340.03 of~~	102127
~~the Revised Code, rules governing the duties of mental health~~	102128
~~agencies and boards of alcohol, drug addiction, and mental health~~	102129
~~services regarding referrals of individuals with mental illness or~~	102130
~~severe mental disability to residential facilities as defined in~~	102131
~~division (A)(9)(b) of section 5119.22 of the Revised Code and~~	102132
~~effective arrangements for ongoing mental health services for the~~	102133
~~individuals. .~~	102134

~~(2) Rules may be adopted to govern the method of paying a~~	102135
~~community mental health facility, as defined in section 5111.023~~	102136
~~of the Revised Code, for providing services listed in division (B)~~	102137
~~of that section. Such rules must be consistent with the contract~~	102138
~~entered into between the departments of job and family services~~	102139
~~and mental health under section 5111.91 of the Revised Code and~~	102140
~~include requirements ensuring appropriate service utilization.~~	102141

(B) Review and evaluate~~, and~~the continuum of care in each	102142
service district, taking into account the findings and	102143
recommendations of the board of alcohol, drug addiction, and	102144
mental health services of the district ~~served by the program~~	102145
submitted under division (A)(4) of section 340.03 of the Revised	102146
Code and the ~~requirements and~~ priorities and plans of the ~~state~~	102147
~~mental health plan~~department, including the needs of residents of	102148
the district ~~now residing in state mental institutions~~currently	102149
receiving services in state-operated hospitals, and make	102150
recommendations for needed improvements to boards of alcohol, drug	102151
addiction, and mental health services;	102152

(C) ~~Provide consultative services to community mental health~~	102153
~~agencies with the knowledge and cooperation of the board of~~	102154
~~alcohol, drug addiction, and mental health services;~~	102155

~~(D)~~ At the director's discretion, provide to boards of	102156
alcohol, drug addiction, and mental health services state or	102157
federal funds, in addition to those allocated under section	102158
~~5119.62~~5119.23 of the Revised Code, for special programs or	102159
projects the director considers necessary but for which local	102160
funds are not available;	102161

(D) Establish, in consultation with board of alcohol, drug	102162
addiction, and mental health service representatives and after	102163
consideration of the recommendations of the medical director,	102164
guidelines for the development of community mental health and	102165
addiction services plans and the review and approval or	102166
disapproval of such plans submitted pursuant to section 340.03 of	102167
the Revised Code.	102168

(E) Establish criteria by which a board of alcohol, drug	102169
addiction, and mental health services reviews and evaluates the	102170
quality, effectiveness, and efficiency of its contracted services	102171
~~provided through its community mental health plan~~. The criteria	102172
shall include requirements ensuring appropriate service	102173
utilization. The department shall assess a board's evaluation of	102174
services and the compliance of each board with this section,	102175
Chapter 340. ~~or section 5119.62~~ of the Revised Code, and other	102176
state or federal law and regulations. The department, in	102177
cooperation with the board, periodically shall review and evaluate	102178
the quality, effectiveness, and efficiency of services provided	102179
through each board. The department shall collect information that	102180
is necessary to perform these functions.	102181

(F) To the extent the director determines necessary and after	102182
consulting with boards of alcohol, drug addiction, and mental	102183
health services and community addiction and mental health services	102184
providers, develop and operate, or contract for the operation of,	102185
a community ~~mental~~behavioral health information system or	102186
systems. The department shall specify the information that must be	102187
provided by boards of alcohol, drug addiction, and mental health	102188
services and by community addiction and mental health services	102189
providers for inclusion in the system or systems.	102190

Boards of alcohol, drug addiction, and mental health services	102191
and community addiction and mental health services providers shall	102192
submit information requested by the department in the form and	102193
manner and in accordance with time frames prescribed by the	102194
department. Information collected by the department ~~shall~~may	102195
include~~, but not be limited to,~~ all of the following:	102196

(1) Information ~~regarding units of~~on services provided in	102197
~~whole or in part under contract with a board, including diagnosis~~	102198
~~and special needs, demographic information, the number of units of~~	102199
~~service provided, past treatment, financial status, and service~~	102200
~~dates in accordance with rules adopted by the department in~~	102201
~~accordance with Chapter 119. of the Revised Code~~;	102202

(2) Financial information ~~other than price or price-related~~	102203
~~data~~ regarding expenditures of ~~boards and community mental health~~	102204
~~agencies, including units of service provided, budgeted and actual~~	102205
~~expenses by type, and sources of~~federal, state, or local funds;	102206

(3) Information about persons served.

102207

~~Boards shall submit the information specified in division~~	102208
~~(F)(1) of this section no less frequently than annually for each~~	102209
~~client, and each time the client's case is opened or closed.~~ The	102210
department shall not collect any personal information from the	102211
boards except as required or permitted by state or federal law for	102212
purposes related to payment, health care operations, program and	102213
service evaluation, reporting activities, research, system	102214
administration, and oversight.	102215

(G)(1) Review each board's community mental health and	102216
addiction services plan, budget, and statement of services to be	102217
made available submitted pursuant to ~~section~~sections 340.03 and	102218
340.08 of the Revised Code and approve or disapprove itthe plan,	102219
the budget, and the statement of services in whole or in part.	102220
~~Periodically, in consultation with representatives of boards and~~	102221
~~after considering the recommendations of the medical director, the~~	102222
~~director shall issue criteria for determining when a plan is~~	102223
~~complete, criteria for plan approval or disapproval, and~~	102224
~~provisions for conditional approval. The factors that the director~~	102225
~~considers may include, but are not limited to, the following:~~	102226

~~(1) The mental health needs of all persons residing within~~	102227
~~the board's service district, especially severely mentally~~	102228
~~disabled children, adolescents, and adults;~~	102229

~~(2) The demonstrated quality, effectiveness, efficiency, and~~	102230
~~cultural relevance of the services provided in each service~~	102231
~~district, the extent to which any services are duplicative of~~	102232
~~other available services, and whether the services meet the needs~~	102233
~~identified above;~~	102234

~~(3) The adequacy of the board's accounting for the~~	102235
~~expenditure of funds.~~	102236

~~If the director disapproves all or part of any plan, the~~	102237
~~director shall provide the board an opportunity to present its~~	102238
~~position. The director shall inform the board of the reasons for~~	102239
~~the disapproval and of the criteria that must be met before the~~	102240
~~plan may be approved. The director shall give the board a~~	102241
~~reasonable time within which to meet the criteria, and shall offer~~	102242
~~technical assistance to the board to help it meet the criteria.~~	102243

~~If the approval of a plan remains in dispute, the board or~~	102244
~~the director may request that the dispute be submitted to a~~	102245
~~mutually agreed upon third-party mediator with the cost to be~~	102246
~~shared by the board and the department. The mediator shall issue~~	102247
~~to the board and the department recommendations for resolution of~~	102248
~~the dispute. The director, taking into consideration the~~	102249
~~recommendations of the mediator, shall make a final determination~~	102250
~~and approve or disapprove the plan, in whole or in part~~The	102251
department may withhold all or part of the funds allocated to a	102252
board if it disapproves all or part of a plan, budget, or	102253
statement of services. Prior to a final decision to disapprove a	102254
plan, budget, or statement of services, or to withhold funds from	102255
a board, a representative of the director of mental health and	102256
addiction services shall meet with the board and discuss the	102257
reason for the action the department proposes to take and any	102258
corrective action that should be taken to make the plan, budget,	102259
or statement of services acceptable to the department. In	102260
addition, the department shall offer technical assistance to the	102261
board to assist it to make the plan, budget, or statement of	102262
services acceptable. The department shall give the board a	102263
reasonable time in which to revise the plan, budget, or statement	102264
of services. The board thereafter shall submit a revised plan,	102265
budget, or statement of services, or a new plan, budget, or	102266
statement of services.	102267

(2) If a board determines that it is necessary to amend the	102268
plan, budget, or statement of services that has been approved	102269
under this section, the board shall submit the proposed amendment	102270
to the department. The department may approve or disapprove all or	102271
part of the amendment.	102272

(3) If the director disapproves of all or part of any	102273
proposed amendment, the director shall provide the board an	102274
opportunity to present its position. The director shall inform the	102275
board of the reasons for the disapproval and of the criteria that	102276
must be met before the proposed amendment may be approved. The	102277
director shall give the board a reasonable time within which to	102278
meet the criteria and shall offer technical assistance to the	102279
board to help it meet the criteria.	102280

(4) The department shall establish procedures for the review	102281
of plans, budgets, and statements of services, and a timetable for	102282
submission and review of plans, budgets, and statements of	102283
services and for corrective action and submission of new or	102284
revised plans, budgets, and statements of services.	102285

~~Sec. 5119.62.~~ Sec. 5119.23. (A) The department of ~~mental health~~	102286
mental health and addiction services shall establish a methodology	102287
for allocating to boards of alcohol, drug addiction, and mental	102288
health services the funds appropriated by the general assembly to	102289
the department for the purpose of local mental health ~~systems~~and	102290
addiction services continuums of care. The department shall	102291
establish the methodology after notifying and consulting with	102292
relevant constituencies as required by division ~~(L)~~(A)(10) of	102293
section ~~5119.06~~5119.21 of the Revised Code. The methodology may	102294
provide for the funds to be allocated to boards on a district or	102295
multi-district basis. ~~Subject~~	102296

(B) Subject to ~~sections 5119.622 and 5119.623~~section	102297
5119.25 of the Revised Code, and to required submissions and	102298
approvals under section 340.08 of the Revised Code, the department	102299
shall allocate the funds to the boards in a manner consistent with	102300
the methodology, this section, other state and federal laws,	102301
rules, and regulations.	102302

~~(B) The department may allocate to boards a portion of the~~	102303
~~funds appropriated by the general assembly to the department for~~	102304
~~the operation of state hospital services. If the department~~	102305
~~allocates the funds, the department shall do all of the following:~~	102306

~~(1) In consultation with the boards:~~

102307

~~(a) Annually determine the unit costs of providing state~~	102308
~~hospital services; and~~	102309

~~(b) Establish the methodology for allocating the funds to the~~	102310
~~boards.~~	102311

~~(2) Determine the type of unit costs of providing state~~	102312
~~hospital services to be included as a factor in the methodology~~	102313
~~and include that unit cost as a factor in the methodology;~~	102314

~~(3) Subject to sections 5119.622 and 5119.623 of the Revised~~	102315
~~Code, allocate the funds to the boards in a manner consistent with~~	102316
~~the methodology, this section, other state and federal laws,~~	102317
~~rules, and regulations.~~	102318

~~(c) Not later than the first day of April of each year, the~~	102319
~~department shall notify each board of the department's estimate of~~	102320
~~the amount of funds to be allocated to the board under this~~	102321
~~section during the fiscal year beginning on the next July first.~~	102322
~~If the department makes an allocation under division (B) of this~~	102323
~~section, the department shall also notify each board of the unit~~	102324
~~costs of providing state hospital services for the upcoming fiscal~~	102325
~~year as determined under that division. Not later than the first~~	102326
~~day of May of each year, each board shall notify the department as~~	102327
~~to which of the following options it has elected for the upcoming~~	102328
~~fiscal year:~~	102329

~~(1) The board elects to accept distribution of the amount~~	102330
~~allocated to it under this section. Funds distributed to each~~	102331
~~board shall be used to supplement and not to supplant other state,~~	102332
~~local, or federal funds that are being used to support~~	102333
~~community-based programs for severely mentally disabled children,~~	102334
~~adolescents, and adults, unless the funds have been specifically~~	102335
~~designated for the initiation of programs in accordance with the~~	102336
~~community mental health plan developed and submitted under section~~	102337
~~340.03 and approved under section 5119.61 of the Revised Code.~~	102338
~~Notwithstanding section 131.33 of the Revised Code, any board may~~	102339
~~expend unexpended funds distributed to the board from~~	102340
~~appropriations for the purpose of local management of mental~~	102341
~~health services in the fiscal year following the fiscal year for~~	102342
~~which the appropriations are made, in accordance with the approved~~	102343
~~community mental health plan.~~	102344

~~(2) Subject to division (D) of this section, the board elects~~	102345
~~not to accept the amount allocated to it under this section,~~	102346
~~authorizes the department to determine the use of its allocation,~~	102347
~~and agrees to provide the department with a statement of projected~~	102348
~~utilization of state hospitals and other state-operated services~~	102349
~~by residents of its service district during the fiscal year.~~	102350

~~(D) No board shall elect the option in division (C)(2) of~~	102351
~~this section unless all of the following apply:~~	102352

~~(1) Either the total funds estimated by the department to be~~	102353
~~allocated to the board under this section for the next fiscal year~~	102354
~~are reduced by a substantial amount, as defined in guidelines~~	102355
~~adopted by the director of mental health under division (E) of~~	102356
~~this section, in comparison to the amount allocated for the~~	102357
~~current fiscal year, for reasons not related to performance or the~~	102358
~~board has experienced other circumstances specified in the~~	102359
~~guidelines.~~	102360

~~(2) The board provides the department written confirmation~~	102361
~~that the board has received input about the impact that the~~	102362
~~board's election will have on the mental health system in the~~	102363
~~board's district from all of the following:~~	102364

~~(a) Individuals who receive mental health services and such~~	102365
~~individuals' families;~~	102366

~~(b) Boards of county commissioners;~~

102367

~~(c) Judges of juvenile and probate courts;~~

102368

~~(d) County sheriffs, jail administrators, and other local law~~	102369
~~enforcement officials.~~	102370

~~(3) Not later than seven days before notifying the department~~	102371
~~of its election and after providing the department the written~~	102372
~~confirmation required by division (D)(2) of this section, the~~	102373
~~board conducts a public hearing on the issue.~~	102374

~~(E) For the purpose of division (D)(1) of this section, the~~	102375
~~director of mental health shall consult with the boards and other~~	102376
~~relevant constituencies to develop guidelines for determining what~~	102377
~~constitutes a substantial reduction of funds and what other~~	102378
~~circumstances qualify a board to elect the option in division~~	102379
~~(C)(2) of this section.~~	102380

~~(F) No board shall use state funds for the purpose of~~	102381
~~discouraging employees from seeking collective bargaining~~	102382
~~representation or encouraging employees to decertify a recognized~~	102383
~~collective bargaining agent.~~	102384

~~(G) The department shall charge against the allocation made~~	102385
~~to a board under division (B) of this section, if any, any~~	102386
~~unreimbursed costs for services provided by the department.~~	102387

~~(H) A board's use of funds allocated under this section is~~	102388
~~subject to audit by county, state, and federal authorities.~~	102389

(C) In consultation with boards, community mental health and	102390
addiction services providers, and persons receiving services, the	102391
department shall establish guidelines for the use of funds	102392
allocated and distributed under this section.	102393

~~Sec. 5119.621.~~ Sec. 5119.24. (A) As used in this section,	102394
"administrative function" means a function related to one or more	102395
of the following:	102396

(1) Continuous quality improvement;

102397

(2) Utilization review;

102398

(3) Resource development;

102399

(4) Fiscal administration;

102400

(5) General administration;

102401

(6) Any other function related to administration that is	102402
required by Chapter 340. of the Revised Code.	102403

(B) Each board of alcohol, drug addiction, and mental health	102404
services shall submit an annual report to the department of ~~mental~~	102405
~~health~~mental health and addiction services specifying how the	102406
board used funds allocated to the board under section ~~5119.62~~	102407
5119.23 of the Revised Code for administrative functions in the	102408
year preceding the report's submission. The director of ~~mental~~	102409
~~health~~mental health and addiction services shall establish the	102410
date by which the report must be submitted each year.	102411

~~Sec. 5119.622.~~ Sec. 5119.25. (A) The director of ~~mental health~~	102412
mental health and addiction services, in whole or in part, may	102413
withhold funds otherwise to be allocated to a board of alcohol,	102414
drug addiction, and mental health services under section ~~5119.62~~	102415
5119.23 of the Revised Code if the board fails to comply with	102416
Chapter 340. or section ~~5119.61, 5119.611, 5119.612, or 5119.621~~	102417
5119.22, 5119.24, 5119.36, or 5119.37 of the Revised Code or rules	102418
of the department of ~~mental health regarding a community mental~~	102419
~~health service~~mental health and addiction services. ~~The~~	102420

(B) The director of mental health and addiction services may	102421
withhold funds otherwise to be allocated to a board of alcohol,	102422
drug addiction, and mental health services under section 5119.23	102423
of the Revised Code if the board denies available service on the	102424
basis of race, color, religion, creed, sex, age, national origin,	102425
disability as defined in section 4112.01 of the Revised Code, or	102426
developmental disability.	102427

(C) The director shall ~~identify~~issue a notice identifying	102428
the areas of noncompliance and the action necessary to achieve	102429
compliance. The director ~~shall~~may offer technical assistance to	102430
the board to achieve compliance. The ~~director shall give the~~ board	102431
~~a reasonable time within which to comply or~~shall have ten days	102432
from receipt of the notice of noncompliance to present its	102433
position that it is in compliance. Before withholding funds, the	102434
director or the director's designee shall hold a hearing ~~shall be~~	102435
~~conducted~~within ten days of receipt of the board's position to	102436
determine if there are continuing violations and that either	102437
assistance is rejected or the board is unable to achieve	102438
compliance. Subsequent to the hearing process, if it is determined	102439
that compliance has not been achieved, the director may allocate	102440
all or part of the withheld funds to a public or private agency to	102441
provide the community mental health or community addiction service	102442
for which the board is not in compliance until the time that there	102443
is compliance. The director ~~shall~~may adopt rules in accordance	102444
with Chapter 119. of the Revised Code to implement this section.	102445

~~Sec. 3793.14.~~ Sec. 5119.26. Any person treated under this chapter	102446
or rules adopted under it shall retain ~~his~~the person's civil	102447
rights and liberties, including the right not to be experimented	102448
upon with treatment not accepted as good medical practice without	102449
~~his~~the person's fully informed consent, the right as a ~~patient~~	102450
person receiving services to maintain the confidentiality of	102451
health and medical records, the right as a person detained for	102452
medical purposes to receive adequate and appropriate treatment,	102453
and the right to vote.	102454

~~Sec. 3793.13.~~ Sec. 5119.27. (A) Records or information, other than	102455
court journal entries or court docket entries, pertaining to the	102456
identity, diagnosis, or treatment of any ~~patient~~person seeking or	102457
receiving services that are maintained in connection with the	102458
performance of any drug treatment program or services licensed by,	102459
or certified by, the director of ~~alcohol and drug addiction~~	102460
~~services,~~mental health and addiction services under ~~section~~	102461
~~3793.11 of the Revised Code,~~this chapter shall be kept	102462
confidential, may be disclosed only for the purposes and under the	102463
circumstances expressly authorized under this section, and may not	102464
otherwise be divulged in any civil, criminal, administrative, or	102465
legislative proceeding.	102466

(B) When the ~~patient~~person, with respect to whom any record	102467
or information referred to in division (A) of this section is	102468
maintained, gives consent in the form of a written release signed	102469
by the ~~patient~~person, the content of the record or information	102470
may be disclosed if the written release conforms to all of the	102471
following:	102472

(1) Specifically identifies the person, official, or entity	102473
to whom the information is to be provided;	102474

(2) Describes with reasonable specificity the record,	102475
records, or information to be disclosed; and	102476

(3) Describes with reasonable specificity the purposes of the	102477
disclosure and the intended use of the disclosed information.	102478

(C) A ~~patient~~person who is subject to a community control	102479
sanction, parole, or a post-release control sanction or who is	102480
ordered to rehabilitation in lieu of conviction, and who has	102481
agreed to participate in a drug treatment or rehabilitation	102482
program as a condition of the community control sanction,	102483
post-release control sanction, parole, or order to rehabilitation,	102484
shall be considered to have consented to the release of records	102485
and information relating to the progress of treatment, frequency	102486
of treatment, adherence to treatment requirements, and probable	102487
outcome of treatment. Release of information and records under	102488
this division shall be limited to the court or governmental	102489
personnel having the responsibility for supervising the ~~patient's~~	102490
person's community control sanction, post-release control	102491
sanction, parole, or order to rehabilitation. A ~~patient~~person,	102492
described in this division, who refuses to allow disclosure may be	102493
considered in violation of the conditions of the ~~patient's~~	102494
person's community control sanction, post-release control	102495
sanction, parole, or order to rehabilitation.	102496

(D) Disclosure of a ~~patient's~~person's record may be made	102497
without the ~~patient's~~person's consent to qualified personnel for	102498
the purpose of conducting scientific research, management,	102499
financial audits, or program evaluation, but these personnel may	102500
not identify, directly or indirectly, any individual ~~patient~~	102501
person in any report of the research, audit, or evaluation, or	102502
otherwise disclose a ~~patient's~~person's identity in any manner.	102503

(E) Upon the request of a prosecuting attorney or the	102504
director of ~~alcohol and drug addiction services~~mental health and	102505
addiction services, a court of competent jurisdiction may order	102506
the disclosure of records or information referred to in division	102507
(A) of this section if the court has reason to believe that a	102508
treatment program or facility is being operated or used in a	102509
manner contrary to law. The use of any information or record so	102510
disclosed shall be limited to the prosecution of persons who are	102511
or may be charged with any offense related to the illegal	102512
operation or use of the drug treatment program or facility, or to	102513
the decision to withdraw the authority of a drug treatment program	102514
or facility to continue operation. For purposes of this division	102515
the court shall:	102516

(1) Limit disclosure to those parts of the ~~patient's~~person's	102517
record considered essential to fulfill the objective for which the	102518
order was granted;	102519

(2) Require, where appropriate, that all information be	102520
disclosed in chambers;	102521

(3) Include any other appropriate measures to keep disclosure	102522
to a minimum, consistent with the protection of the ~~patients~~	102523
persons seeking or receiving services, the physician-patient	102524
relationship, and the administration of the drug treatment and	102525
rehabilitation program.	102526

(F) As used in this section:

102527

(1) "Community control sanction" has the same meaning as in	102528
section 2929.01 of the Revised Code.	102529

(2) "Post-release control sanction" has the same meaning as	102530
in section 2967.01 of the Revised Code.	102531

Sec. 5119.28. (A) All records, and reports, other than court	102532
journal entries or court docket entries, identifying a person and	102533
pertaining to the person's mental health condition, assessment,	102534
provision of care or treatment, or payment for assessment, care or	102535
treatment that are maintained in connection with any services	102536
certified by the department of mental health and addiction	102537
services, or any hospitals or facilities licensed or operated by	102538
the department, shall be kept confidential and shall not be	102539
disclosed by any person except:	102540

(1) If the person identified, or the person's legal guardian,	102541
if any, or if the person is a minor, the person's parent or legal	102542
guardian, consents;	102543

(2) When disclosure is provided for in this chapter or	102544
Chapter 340. or 5122. of the Revised Code or in accordance with	102545
other provisions of state or federal law authorizing such	102546
disclosure;	102547

(3) That hospitals, boards of alcohol, drug addiction, and	102548
mental health services, licensed facilities, and community mental	102549
health services providers may release necessary information to	102550
insurers and other third-party payers, including government	102551
entities responsible for processing and authorizing payment, to	102552
obtain payment for goods and services furnished to the person;	102553

(4) Pursuant to a court order signed by a judge;

102554

(5) That a person shall be granted access to the person's own	102555
psychiatric and medical records, unless access specifically is	102556
restricted in a person's treatment plan for clear treatment	102557
reasons;	102558

(6) That the department of mental health and addiction	102559
services may exchange psychiatric records and other pertinent	102560
information with community mental health services providers and	102561
boards of alcohol, drug addiction, and mental health services	102562
relating to the person's care or services. Records and information	102563
that may be exchanged pursuant to this division shall be limited	102564
to medication history, physical health status and history,	102565
financial status, summary of course of treatment, summary of	102566
treatment needs, and a discharge summary, if any.	102567

(7) That the department of mental health and addiction	102568
services, hospitals and community providers operated by the	102569
department, hospitals licensed by the department under section	102570
5119.33 of the Revised Code, and community mental health services	102571
providers may exchange psychiatric records and other pertinent	102572
information with payers and other providers of treatment and	102573
health services if the purpose of the exchange is to facilitate	102574
continuity of care for the person or for the emergency treatment	102575
of the person;	102576

(8) That the department of mental health and addiction	102577
services and community mental health services providers may	102578
exchange psychiatric records and other pertinent information with	102579
boards of alcohol, drug addiction, and mental health services for	102580
purposes of any board function set forth in Chapter 340. of the	102581
Revised Code. Boards of alcohol, drug addiction, and mental health	102582
services shall not access any personal information from the	102583
department or providers except as required or permitted by this	102584
section, or Chapter 340. or 5122. of the Revised Code for purposes	102585
related to payment, care coordination, health care operations,	102586
program and service evaluation, reporting activities, research,	102587
system administration, oversight, or other authorized purposes.	102588

(9) That a person's family member who is involved in the	102589
provision, planning, and monitoring of services to the person may	102590
receive medication information, a summary of the person's	102591
diagnosis and prognosis, and a list of the services and personnel	102592
available to assist the person and the person's family, if the	102593
person's treatment provider determines that the disclosure would	102594
be in the best interests of the person. No such disclosure shall	102595
be made unless the person is notified first and receives the	102596
information and does not object to the disclosure.	102597

(10) That community mental health services providers may	102598
exchange psychiatric records and certain other information with	102599
the board of alcohol, drug addiction, and mental health services	102600
and other providers in order to provide services to a person	102601
involuntarily committed to a board. Release of records under this	102602
division shall be limited to medication history, physical health	102603
status and history, financial status, summary of course of	102604
treatment, summary of treatment needs, and discharge summary, if	102605
any.	102606

(11) That information may be disclosed to the executor or the	102607
administrator of an estate of a deceased person when the	102608
information is necessary to administer the estate;	102609

(12) That information may be disclosed to staff members of	102610
the appropriate board or to staff members designated by the	102611
director of mental health and addiction services for the purpose	102612
of evaluating the quality, effectiveness, and efficiency of	102613
services and determining if the services meet minimum standards.	102614
Information obtained during such evaluations shall not be retained	102615
with the name of any person.	102616

(13) That records pertaining to the person's diagnosis,	102617
course of treatment, treatment needs, and prognosis shall be	102618
disclosed and released to the appropriate prosecuting attorney if	102619
the person was committed pursuant to section 2945.38, 2945.39,	102620
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	102621
attorney designated by the board for proceedings pursuant to	102622
involuntary commitment under Chapter 5122. of the Revised Code.	102623

(14) That the department of mental health and addiction	102624
services may exchange psychiatric hospitalization records, other	102625
mental health treatment records, and other pertinent information	102626
with the department of rehabilitation and correction and with the	102627
department of youth services to ensure continuity of care for	102628
inmates and offenders who are receiving mental health services in	102629
an institution of the department of rehabilitation and correction	102630
or the department of youth services and may exchange psychiatric	102631
hospitalization records, other mental health treatment records,	102632
and other pertinent information with boards of alcohol, drug	102633
addiction, and mental health services and community mental health	102634
services providers to ensure continuity of care for inmates or	102635
offenders who are receiving mental health services in an	102636
institution and are scheduled for release within six months. The	102637
release of records under this division is limited to records	102638
regarding an inmate's or offender's medication history, physical	102639
health status and history, summary of course of treatment, summary	102640
of treatment needs, and a discharge summary, if any.	102641

(15) That a community mental health services provider that	102642
ceases to operate may transfer to either a community mental health	102643
services provider that assumes its caseload or to the board of	102644
alcohol, drug addiction, and mental health services of the service	102645
district in which the person resided at the time services were	102646
most recently provided any treatment records that have not been	102647
transferred elsewhere at the person's request.	102648

(B) Before records are disclosed pursuant to divisions	102649
(A)(3), (6), and (10) of this section, the custodian of the	102650
records shall attempt to obtain the person's consent for the	102651
disclosure.	102652

(C) No person shall reveal the content of a medical record of	102653
a person that is confidential pursuant to this section, except as	102654
authorized by law.	102655

~~Sec. 5119.57.~~ Sec. 5119.29. ~~No later than January 1, 1998, the~~The	102656
department of ~~mental health~~mental health and addiction services,	102657
in conjunction with boards of alcohol, drug addiction, and mental	102658
health services and community mental health boards, shall develop	102659
a coordinated system for tracking and monitoring persons found not	102660
guilty by reason of insanity and committed pursuant to section	102661
2945.40 of the Revised Code who have been granted a conditional	102662
release and persons found incompetent to stand trial and committed	102663
pursuant to section 2945.39 of the Revised Code who have been	102664
granted a conditional release. The system shall do all of the	102665
following:	102666

(A) Centralize responsibility for the tracking of those	102667
persons;	102668

(B) Develop uniformity in monitoring those persons;

102669

(C) Develop a mechanism to allow prompt rehospitalization,	102670
reinstitutionalization, or detention when a violation of the	102671
conditional release or decompensation occurs.	102672

~~Sec. 3793.18.~~ Sec. 5119.30. The department of ~~alcohol and drug~~	102673
~~addiction services~~mental health and addiction services promptly	102674
shall develop and maintain a program that continually provides the	102675
courts of this state with relevant information pertaining to	102676
~~alcohol and drug~~ addiction services and programs available both	102677
within their jurisdictions and statewide in order to facilitate	102678
the ability of the courts to utilize treatment and rehabilitation	102679
alternatives in addition to or in lieu of imposing sentences of	102680
imprisonment upon appropriate offenders.	102681

~~Sec. 5119.23.~~ Sec. 5119.31. The department of ~~mental health~~mental	102682
health and addiction services may examine into, with or without	102683
expert assistance, the question of the mental and physical	102684
condition of any person committed to or involuntarily confined in	102685
any hospital for the mentally ill, or restrained of ~~his~~ liberty at	102686
any place within this state by reason of alleged mental illness	102687
and may order and compel the discharge of any such person who is	102688
not a mentally ill person subject to hospitalization by court	102689
order as defined in division (B) of section 5122.01 of the Revised	102690
Code and direct what disposition shall be made of ~~him~~the person.	102691
The order of discharge shall be signed by the director of ~~mental~~	102692
~~health~~mental health and addiction services. Upon receipt of such	102693
order by the superintendent or other person in charge of the	102694
building in which the person named in such order is confined, such	102695
person shall forthwith be discharged or otherwise disposed of	102696
according to the terms of said order, and any further or other	102697
detention of such person is unlawful. No such order shall be made	102698
in favor of any person committed and held for trial on a criminal	102699
charge, in confinement by an order of a judge or court made in a	102700
criminal proceeding, or in any case unless notice is given to the	102701
superintendent or other person having charge of the building in	102702
which the alleged mentally ill person is detained, and a	102703
reasonable opportunity is allowed the person in charge to justify	102704
further detention of the person confined.	102705

~~Sec. 5119.60.~~ Sec. 5119.32. The department of ~~mental health~~mental	102706
health and addiction services is hereby designated as the state	102707
administrative agency for the ~~alcohol, drug abuse and mental~~	102708
~~health services~~substance abuse prevention treatment block grant	102709
and the community mental health services block grant authorized by	102710
the "Public Health Services Act," 95 Stat. 357, 543, 42 U.S.C.	102711
300x, as amended, and similar alcohol, drug abuse, or mental	102712
health programs that are specified in an appropriations act. ~~The~~	102713
~~department shall establish and administer an annual plan to~~	102714
~~utilize federal block grant funds. The department shall consult~~	102715
~~with the department of alcohol and drug addiction services on the~~	102716
~~allocation of funds for alcohol and drug addiction services~~	102717
~~pursuant to Chapter 3793. of the Revised Code and shall notify the~~	102718
~~controlling board, which shall authorize the transfer of funds~~	102719
~~allocated to the department of alcohol and drug addiction~~	102720
~~services.~~	102721

~~Sec. 5119.20.~~ Sec. 5119.33. The department of ~~mental health~~mental	102722
health and addiction services shall inspect and license all	102723
hospitals that receive mentally ill persons, except those	102724
hospitals managed by the department. No hospital may receive for	102725
care or treatment, either at public or private expense, any person	102726
who is or appears to be mentally ill, whether or not so	102727
adjudicated, unless the hospital has received a license from the	102728
department authorizing it to receive for care or treatment persons	102729
who are mentally ill or the hospital is managed by the department.	102730

No such license shall be granted to a hospital for the	102731
treatment of mentally ill persons unless the department is	102732
satisfied, after investigation, that the hospital is managed and	102733
operated by qualified persons and has on its staff one or more	102734
qualified physicians responsible for the medical care of the	102735
patients confined there. At least one such physician shall be a	102736
psychiatrist.	102737

The department shall adopt rules under Chapter 119. of the	102738
Revised Code prescribing minimum standards for the operation of	102739
hospitals for the care and treatment of mentally ill persons and	102740
establishing standards and procedures for the issuance, renewal,	102741
or revocation of full, probationary, and interim licenses. No	102742
license shall be granted to any hospital established or used for	102743
the care of mentally ill persons unless such hospital is operating	102744
in accordance with this section and rules adopted pursuant to this	102745
section. A full license shall expire one year after the date of	102746
issuance, a probationary license shall expire at the time	102747
prescribed by rule adopted pursuant to Chapter 119. of the Revised	102748
Code by the director of ~~mental health~~mental health and addiction	102749
services, and an interim license shall expire ninety days after	102750
the date of issuance. A full, probationary, or interim license may	102751
be renewed, except that an interim license may be renewed only	102752
twice. The department may fix reasonable fees for licenses and for	102753
license renewals. Such hospitals are subject to inspection and	102754
~~visitation~~on-site review by the department.	102755

Except as otherwise provided in Chapter 5122. of the Revised	102756
Code, neither the director of ~~the department of mental health~~	102757
mental health and addiction services; an employee of the	102758
department; a board of alcohol, drug addiction, and mental health	102759
services or ~~agency~~ employee of a community mental health services	102760
provider; nor any other public official shall hospitalize any	102761
mentally ill person for care or treatment in any hospital that is	102762
not licensed in accordance with this section.	102763

Any license issued by the department under this section may	102764
be revoked by the department for any of the following reasons:	102765

(A) The hospital is no longer a suitable place for the care	102766
or treatment of mentally ill persons.	102767

(B) The hospital refuses to be subject to inspection or	102768
~~visitation~~on-site review by the department.	102769

(C) The hospital has failed to furnish humane, kind, and	102770
adequate treatment and care.	102771

(D) The hospital fails to comply with the licensure rules of	102772
the department.	102773

The department may inspect, ~~visit~~conduct an on-site review,	102774
and review the records of any hospital that the department has	102775
reason to believe is operating without a license.	102776

~~Sec. 5119.201.~~ Sec. 5119.331. If the department of ~~mental health~~	102777
mental health and addiction services determines that a hospital	102778
not licensed by the department is receiving for care or treatment	102779
any person who is or appears to be mentally ill, the department	102780
may request in writing that the attorney general petition the	102781
court of common pleas in the county where the hospital is located	102782
to enjoin the hospital from continued operation in violation of	102783
section ~~5119.20~~5119.33 of the Revised Code.	102784

~~Sec. 5119.202.~~ Sec. 5119.332. No third-party payer shall directly	102785
or indirectly reimburse, nor shall any person be obligated to pay	102786
any hospital for psychiatric services for which a license is	102787
required under section ~~5119.20~~5119.33 of the Revised Code unless	102788
the hospital is licensed by the department of ~~mental health~~mental	102789
health and addiction services.	102790

As used in this section, "third-party payer" means a health	102791
insuring corporation licensed under Chapter 1751. of the Revised	102792
Code, an insurance company that issues sickness and accident	102793
insurance in conformity with Chapter 3923. of the Revised Code, a	102794
state-financed health insurance program under Chapter 3701.,	102795
4123., or 5101. of the Revised Code, or any self-insurance plan.	102796

~~Sec. 5119.21.~~ Sec. 5119.333. No person shall keep or maintain a	102797
hospital for the care or treatment of mentally ill persons unless	102798
it is licensed by the department of ~~mental health~~mental health	102799
and addiction services, as provided by section ~~5119.20~~5119.33 of	102800
the Revised Code.	102801

~~Sec. 5119.22.~~ Sec. 5119.34. (A) As used in this section and	102802
~~section 5119.221~~sections 5119.341 and 5119.342 of the Revised	102803
Code:	102804

(1) "Accommodations" means housing, daily meal preparation,	102805
laundry, housekeeping, arranging for transportation, social and	102806
recreational activities, maintenance, security, and other services	102807
that do not constitute personal care services or skilled nursing	102808
care.	102809

(2) "ADAMHS board" means a board of alcohol, drug addiction,	102810
and mental health services.	102811

(3) "Adult" means a person who is eighteen years of age or	102812
older, other than a person described in division (A)(4) of this	102813
section who is between eighteen and twenty-one years of age.	102814

(4) "Child" means a person who is under eighteen years of age	102815
or a person with a mental disability who is under twenty-one years	102816
of age.	102817

(5) "Community mental health ~~agency~~services provider" means	102818
a community mental health ~~agency~~services provider as defined in	102819
~~division (H) of~~ section ~~5122.01~~5119.01 of the Revised Code.	102820

(6) "Community mental health services" means any ~~of the~~	102821
mental health services ~~listed in~~certified by the department	102822
pursuant to section ~~340.09~~5119.36 of the Revised Code.	102823

(7) "Operator" means the person or persons, firm,	102824
partnership, agency, governing body, association, corporation, or	102825
other entity that is responsible for the administration and	102826
management of a residential facility and that is the applicant for	102827
a residential facility license.	102828

(8) "Personal care services" means services including, but	102829
not limited to, the following:	102830

(a) Assisting residents with activities of daily living;

102831

(b) Assisting residents with self-administration of	102832
medication in accordance with rules adopted under this section;	102833

(c) Preparing special diets, other than complex therapeutic	102834
diets, for residents pursuant to the instructions of a physician	102835
or a licensed dietitian, in accordance with rules adopted under	102836
this section.	102837

"Personal care services" does not include "skilled nursing	102838
care" as defined in section 3721.01 of the Revised Code. A	102839
facility need not provide more than one of the services listed in	102840
division (A)(8) of this section to be considered to be providing	102841
personal care services.	102842

(9) "Residential facility" means a publicly or privately	102843
operated home or facility that provides one of the following:	102844

(a) Accommodations, supervision, personal care services, and	102845
community mental health services for one or more ~~of the following~~	102846
unrelated ~~persons~~adults with mental illness or severe mental	102847
disabilities or to one or more unrelated children and adolescents	102848
with a serious emotional disturbance or who are in need of mental	102849
health services who are referred by or are receiving community	102850
mental health services from a community mental health ~~agency,~~	102851
services provider, hospital, or practitioner:	102852

~~(i) Adults with mental illness;~~

102853

~~(ii) Persons of any age with severe mental disabilities;~~

102854

~~(iii) Children with serious emotional disturbances or in need~~	102855
~~of mental health services~~.	102856

(b) Accommodations, supervision, and personal care services	102857
~~for only one or two unrelated adults; accommodations, supervision,~~	102858
~~and personal care services for three to sixteen unrelated adults;~~	102859
~~or accommodations, supervision, and personal care services for one~~	102860
~~or two of the following unrelated persons:~~	102861

~~(i) Persons of any age with mental illness who are referred~~	102862
~~by or are receiving community mental health services from a~~	102863
~~community mental health agency, hospital, or practitioner;~~	102864

~~(ii) Persons of any age with severe mental disabilities who~~	102865
~~are referred by or are receiving community mental health services~~	102866
~~from a community mental health agency, hospital, or practitioner~~	102867
to any of the following:	102868

(i) One or two unrelated persons with mental illness or	102869
persons with severe mental disabilities who are referred by or are	102870
receiving mental health services from a community mental health	102871
services provider, hospital, or practitioner;	102872

(ii) One or two unrelated adults who are receiving	102873
residential state supplement payments;	102874

(iii) Three to sixteen unrelated adults.

102875

(c) Room and board for five or more ~~of the following~~	102876
unrelated ~~persons:~~	102877

~~(i) Adults~~adults with mental illness or severe mental	102878
disability who are referred by or are receiving community mental	102879
health services from a community mental health ~~agency,~~services	102880
provider, hospital, or practitioner;	102881

~~(ii) Adults with severe mental disabilities who are referred~~	102882
~~by or are receiving community mental health services from a~~	102883
~~community mental health agency, hospital, or practitioner~~.	102884

(10) "Residential facility" does not include any of the	102885
following:	102886

(a) A hospital subject to licensure under section ~~5119.20~~	102887
5119.33 of the Revised Code;	102888

(b) A residential facility licensed under section 5123.19 of	102889
the Revised Code or otherwise regulated by the department of	102890
developmental disabilities;	102891

(c) An institution or association subject to certification	102892
under section 5103.03 of the Revised Code;	102893

(d) A facility operated by a hospice care program licensed	102894
under section 3712.04 of the Revised Code that is used exclusively	102895
for care of hospice patients;	102896

(e) ~~A facility operated by a pediatric respite care program~~	102897
~~licensed under section 3712.041 of the Revised Code that is used~~	102898
~~exclusively for care of pediatric respite care patients;~~	102899

~~(f)~~ A nursing home, residential care facility, or home for	102900
the aging as defined in section 3721.02 of the Revised Code;	102901

~~(g) An alcohol~~(f) Alcohol or drug addiction ~~program as~~	102902
~~defined in~~services certified pursuant to section ~~3793.01~~5119.36	102903
of the Revised Code;	102904

~~(h)~~(g) A facility licensed to provide methadone treatment	102905
under section ~~3793.11~~5119.39 of the Revised Code;	102906

~~(i)~~(h) Any facility that receives funding for operating costs	102907
from the ~~department of~~ development services agency under any	102908
program established to provide emergency shelter housing or	102909
transitional housing for the homeless;	102910

~~(j)~~(i) A terminal care facility for the homeless that has	102911
entered into an agreement with a hospice care program under	102912
section 3712.07 of the Revised Code;	102913

~~(k)~~(j) A facility approved by the veterans administration	102914
under section 104(a) of the "Veterans Health Care Amendments of	102915
1983," 97 Stat. 993, 38 U.S.C. 630, as amended, and used	102916
exclusively for the placement and care of veterans.	102917

(11) "Room and board" means the provision of sleeping and	102918
living space, meals or meal preparation, laundry services,	102919
housekeeping services, or any combination thereof.	102920

(12) "Residential state supplement" means the program	102921
administered under section 5119.41 of the Revised Code and related	102922
provisions of the Administrative Code under which the state	102923
supplements the supplemental security income payments received by	102924
aged, blind, or disabled adults under Title XVI of the Social	102925
Security Act. Residential state supplement payments are used for	102926
the provision of accommodations, supervision, and personal care	102927
services to supplemental security income recipients the department	102928
of mental health and addition services determines are at risk of	102929
needing institutional care.	102930

(13) "Supervision" means any of the following:

102931

(a) Observing a resident to ensure the resident's health,	102932
safety, and welfare while the resident engages in activities of	102933
daily living or other activities;	102934

(b) Reminding a resident to perform or complete an activity,	102935
such as reminding a resident to engage in personal hygiene or	102936
other self-care activities;	102937

102938

~~(13)~~(14) "Unrelated" means that a resident is not related to	102939
the owner or operator of a residential facility or to the owner's	102940
or operator's spouse as a parent, grandparent, child, stepchild,	102941
grandchild, brother, sister, niece, nephew, aunt, or uncle, or as	102942
the child of an aunt or uncle.	102943

(B) Nothing in division (A)(9) of this section shall be	102944
construed to permit personal care services to be imposed on a	102945
resident who is capable of performing the activity in question	102946
without assistance.	102947

(C) Except in the case of a residential facility described in	102948
division (A)(9)(a) of this section, members of the staff of a	102949
residential facility shall not administer medication to the	102950
facility's residents, but may do any of the following:	102951

(1) Remind a resident when to take medication and watch to	102952
ensure that the resident follows the directions on the container;	102953

(2) Assist a resident in the self-administration of	102954
medication by taking the medication from the locked area where it	102955
is stored, in accordance with rules adopted pursuant to this	102956
section, and handing it to the resident. If the resident is	102957
physically unable to open the container, a staff member may open	102958
the container for the resident.	102959

(3) Assist a physically impaired but mentally alert resident,	102960
such as a resident with arthritis, cerebral palsy, or Parkinson's	102961
disease, in removing oral or topical medication from containers	102962
and in consuming or applying the medication, upon request by or	102963
with the consent of the resident. If a resident is physically	102964
unable to place a dose of medicine to the resident's mouth without	102965
spilling it, a staff member may place the dose in a container and	102966
place the container to the mouth of the resident.	102967

(D)(1) Except as provided in division (D)(2) of this section,	102968
a person operating or seeking to operate a residential facility	102969
shall apply for licensure of the facility to the department of	102970
~~mental health~~mental health and addiction services. The	102971
application shall be submitted by the operator. When applying for	102972
the license, the applicant shall pay to the department the	102973
application fee specified in rules adopted under division ~~(L)~~(K)	102974
of this section. The fee is nonrefundable.	102975

The department shall send a copy of an application to the	102976
ADAMHS board serving the county in which the person operates or	102977
seeks to operate the facility. The ADAMHS board shall review the	102978
application and provide to the department any information about	102979
the applicant or the facility that the board would like the	102980
department to consider in reviewing the application.	102981

(2) A person may not apply for a license to operate a	102982
residential facility if the person is or has been the owner,	102983
operator, or manager of a residential facility for which a license	102984
to operate was revoked or for which renewal of a license was	102985
refused for any reason other than nonpayment of the license	102986
renewal fee, unless both of the following conditions are met:	102987

(a) A period of not less than two years has elapsed since the	102988
date the director of ~~mental health~~mental health and addiction	102989
services issued the order revoking or refusing to renew the	102990
facility's license.	102991

(b) The director's revocation or refusal to renew the license	102992
was not based on an act or omission at the facility that violated	102993
a resident's right to be free from abuse, neglect, or	102994
exploitation.	102995

(E)(1) ~~Any person may operate a residential facility~~	102996
~~providing accommodations and personal care services for one to~~	102997
~~five unrelated persons and licensed as a residential facility that~~	102998
~~meets the criteria specified in division (A)(9)(b) of this section~~	102999
~~as a permitted use in any residential district or zone, including~~	103000
~~any single-family residential district or zone of any political~~	103001
~~subdivision. Such facilities may be required to comply with area,~~	103002
~~height, yard, and architectural compatibility requirements that~~	103003
~~are uniformly imposed upon all single-family residences within the~~	103004
~~district or zone.~~	103005

~~(2) Any person may operate a residential facility providing~~	103006
~~accommodations and personal care services for six to sixteen~~	103007
~~persons and licensed as a residential facility that meets the~~	103008
~~criteria specified in division (A)(9)(b) of this section as a~~	103009
~~permitted use in any multiple-family residential district or zone~~	103010
~~of any political subdivision, except that a political subdivision~~	103011
~~that has enacted a zoning ordinance or resolution establishing~~	103012
~~planned-unit development districts as defined in section 519.021~~	103013
~~of the Revised Code may exclude such facilities from such~~	103014
~~districts, and a political subdivision that has enacted a zoning~~	103015
~~ordinance or resolution may regulate such facilities in~~	103016
~~multiple-family residential districts or zones as a conditionally~~	103017
~~permitted use or special exception, in either case, under~~	103018
~~reasonable and specific standards and conditions set out in the~~	103019
~~zoning ordinance or resolution to:~~	103020

~~(a) Require the architectural design and site layout of the~~	103021
~~home and the location, nature, and height of any walls, screens,~~	103022
~~and fences to be compatible with adjoining land uses and the~~	103023
~~residential character of the neighborhood;~~	103024

~~(b) Require compliance with yard, parking, and sign~~	103025
~~regulation.~~	103026

~~(3) Divisions (E)(1) and (2) of this section do not affect~~	103027
~~any right of a political subdivision to permit a person to operate~~	103028
~~a residential facility licensed under this section in a~~	103029
~~single-family residential district or zone under conditions~~	103030
~~established by the political subdivision.~~	103031

~~(4)(a) Notwithstanding divisions (E)(1) and (2) of this~~	103032
~~section and except as provided in division (E)(4)(b) of this~~	103033
~~section, a political subdivision that has enacted a zoning~~	103034
~~ordinance or resolution may limit the excessive concentration of~~	103035
~~licensed residential facilities that meet the criteria specified~~	103036
~~in division (A)(9)(b) of this section.~~	103037

~~(b) Division (E)(4)(a) of this section does not authorize a~~	103038
~~political subdivision to prevent or limit the continued existence~~	103039
~~and operation of residential facilities existing and operating on~~	103040
~~September 10, 2012, and that meet the criteria specified in~~	103041
~~division (A)(9)(b) of this section. A political subdivision may~~	103042
~~consider the existence of such facilities for the purpose of~~	103043
~~limiting the excessive concentration of such facilities that meet~~	103044
~~the criteria specified in division (A)(9)(b) of this section that~~	103045
~~are not existing and operating on September 10, 2012.~~	103046

~~(F)(1)~~ The department of ~~mental health~~mental health and	103047
addiction services shall inspect and license the operation of	103048
residential facilities. The department shall consider the past	103049
record of the facility and the applicant or licensee in arriving	103050
at its licensure decision.	103051

The department may issue full, probationary, and interim	103052
licenses. A full license shall expire ~~two~~up to three years after	103053
the date of issuance, a probationary license shall expire in a	103054
shorter period of time as specified in rules adopted by the	103055
director of mental health under division ~~(L)~~(K) of this section,	103056
and an interim license shall expire ninety days after the date of	103057
issuance. A license may be renewed in accordance with rules	103058
adopted by the director under division ~~(L)~~(K) of this section. The	103059
renewal application shall be submitted by the operator. When	103060
applying for renewal of a license, the applicant shall pay to the	103061
department the renewal fee specified in rules adopted under	103062
division ~~(L)~~(K) of this section. The fee is nonrefundable.	103063

(2) The department may issue an order suspending the	103064
admission of residents to the facility or refuse to issue or renew	103065
and may revoke a license if it finds the facility is not in	103066
compliance with rules adopted by the director pursuant to division	103067
~~(L)~~(K) of this section or if any facility operated by the	103068
applicant or licensee has been cited for repeated violations of	103069
statutes or rules during the period of previous licenses.	103070
Proceedings initiated to deny applications for full or	103071
probationary licenses or to revoke such licenses are governed by	103072
Chapter 119. of the Revised Code.	103073

~~(G)~~(F) The department may issue an interim license to operate	103074
a residential facility if both of the following conditions are	103075
met:	103076

(1) The department determines that the closing of or the need	103077
to remove residents from another residential facility has created	103078
an emergency situation requiring immediate removal of residents	103079
and an insufficient number of licensed beds are available.	103080

(2) The residential facility applying for an interim license	103081
meets standards established for interim licenses in rules adopted	103082
by the director under division ~~(L)~~(K) of this section.	103083

An interim license shall be valid for ninety days and may be	103084
renewed by the director no more than twice. Proceedings initiated	103085
to deny applications for or to revoke interim licenses under this	103086
division are not subject to Chapter 119. of the Revised Code.	103087

~~(H)~~(G)(1) The department of ~~mental health~~mental health and	103088
addiction services may conduct an inspection of a residential	103089
facility as follows:	103090

(a) Prior to issuance of a license for the facility;

103091

(b) Prior to renewal of the license;

103092

(c) To determine whether the facility has completed a plan of	103093
correction required pursuant to division ~~(H)~~(G)(2) of this section	103094
and corrected deficiencies to the satisfaction of the department	103095
and in compliance with this section and rules adopted pursuant to	103096
it;	103097

(d) Upon complaint by any individual or agency;

103098

(e) At any time the director considers an inspection to be	103099
necessary in order to determine whether the facility is in	103100
compliance with this section and rules adopted pursuant to this	103101
section.	103102

(2) In conducting inspections the department may conduct an	103103
on-site examination and evaluation of the residential facility and	103104
its personnel, activities, and services. The department shall have	103105
access to examine and copy all records, accounts, and any other	103106
documents relating to the operation of the residential facility,	103107
including records pertaining to residents, and shall have access	103108
to the facility in order to conduct interviews with the operator,	103109
staff, and residents. Following each inspection and review, the	103110
department shall complete a report listing any deficiencies, and	103111
including, when appropriate, a time table within which the	103112
operator shall correct the deficiencies. The department may	103113
require the operator to submit a plan of correction describing how	103114
the deficiencies will be corrected.	103115

~~(I)~~(H) No person shall do any of the following:

103116

(1) Operate a residential facility unless the facility holds	103117
a valid license;	103118

(2) Violate any of the conditions of licensure after having	103119
been granted a license;	103120

(3) Interfere with a state or local official's inspection or	103121
investigation of a residential facility;	103122

(4) Violate any of the provisions of this section or any	103123
rules adopted pursuant to this section.	103124

~~(J)~~(I) The following may enter a residential facility at any	103125
time:	103126

(1) Employees designated by the director of ~~mental health~~	103127
mental health and addiction services;	103128

(2) Employees of an ADAMHS board under either of the	103129
following circumstances:	103130

(a) When a resident of the facility is receiving services	103131
from a community mental health ~~agency~~services provider under	103132
contract with that ADAMHS board or another ADAMHS board;	103133

(b) When authorized by section 340.05 of the Revised Code.

103134

(3) Employees of a community mental health ~~agency~~services	103135
provider under either of the following circumstances:	103136

(a) When the ~~agency~~services provider has a ~~client~~person	103137
receiving services residing in the facility;	103138

(b) When the ~~agency~~services provider is acting as an agent	103139
of an ADAMHS board other than the board with which it is under	103140
contract.	103141

(4) Representatives of the state long-term care ~~ombudsperson~~	103142
ombudsman program when the facility provides accommodations,	103143
supervision, and personal care services for three to sixteen	103144
unrelated adults or to one or two unrelated adults who are	103145
recipients under the residential state supplement program.	103146

The persons specified in division ~~(J)~~(I) of this section	103147
shall be afforded access to examine and copy all records,	103148
accounts, and any other documents relating to the operation of the	103149
residential facility, including records pertaining to residents.	103150

~~(K)~~(J) Employees of the department of ~~mental health~~mental	103151
health and addiction services may enter, for the purpose of	103152
investigation, any institution, residence, facility, or other	103153
structure which has been reported to the department as, or that	103154
the department has reasonable cause to believe is, operating as a	103155
residential facility without a valid license.	103156

~~(L)~~(K) The director shall adopt and may amend and rescind	103157
rules pursuant to Chapter 119. of the Revised Code governing the	103158
licensing and operation of residential facilities. The rules shall	103159
establish all of the following:	103160

(1) Minimum standards for the health, safety, adequacy, and	103161
cultural competency of treatment of and services for persons in	103162
residential facilities;	103163

(2) Procedures for the issuance, renewal, or revocation of	103164
the licenses of residential facilities;	103165

(3) Procedures for conducting criminal records checks for	103166
prospective or current operators, ~~staff~~employees, and ~~other~~	103167
~~individuals~~volunteers who~~, if employed by a residential~~	103168
~~facility, would~~may have ~~unsupervised~~direct access to facility	103169
residents;	103170

(4) The fee to be paid when applying for a new residential	103171
facility license or renewing the license;	103172

(5) Procedures for the operator of a residential facility to	103173
follow when notifying the ADAMHS board serving the county in which	103174
the facility is located when the facility is serving residents	103175
with mental illness or severe mental disability, including the	103176
circumstances under which the operator is required to make such a	103177
notification;	103178

(6) Procedures for the issuance and termination of orders of	103179
suspension of admission of residents to a residential facility;	103180

(7) Measures to be taken by residential facilities relative	103181
to residents' medication;	103182

(8) Requirements relating to preparation of special diets;

103183

(9) The maximum number of residents who may be served in a	103184
residential facility;	103185

(10) The rights of residents of residential facilities and	103186
procedures to protect such rights;	103187

(11) Procedures for obtaining an affiliation agreement	103188
approved by the board between a residential facility and a	103189
community mental health ~~agency~~services provider;	103190

(12) Standards and procedures under which the director may	103191
waive the requirements of any of the rules adopted.	103192

~~(M)~~(L)(1) The department may withhold the source of any	103193
complaint reported as a violation of this section when the	103194
department determines that disclosure could be detrimental to the	103195
department's purposes or could jeopardize the investigation. The	103196
department may disclose the source of any complaint if the	103197
complainant agrees in writing to such disclosure and shall	103198
disclose the source upon order by a court of competent	103199
jurisdiction.	103200

(2) Any person who makes a complaint under division ~~(M)~~(L)(1)	103201
of this section, or any person who participates in an	103202
administrative or judicial proceeding resulting from such a	103203
complaint, is immune from civil liability and is not subject to	103204
criminal prosecution, other than for perjury, unless the person	103205
has acted in bad faith or with malicious purpose.	103206

~~(N)~~(M)(1) The director of ~~mental health~~mental health and	103207
addiction services may petition the court of common pleas of the	103208
county in which a residential facility is located for an order	103209
enjoining any person from operating a residential facility without	103210
a license or from operating a licensed facility when, in the	103211
director's judgment, there is a present danger to the health or	103212
safety of any of the occupants of the facility. The court shall	103213
have jurisdiction to grant such injunctive relief upon a showing	103214
that the respondent named in the petition is operating a facility	103215
without a license or there is a present danger to the health or	103216
safety of any residents of the facility.	103217

(2) When the court grants injunctive relief in the case of a	103218
facility operating without a license, the court shall issue, at a	103219
minimum, an order enjoining the facility from admitting new	103220
residents to the facility and an order requiring the facility to	103221
assist with the safe and orderly relocation of the facility's	103222
residents.	103223

(3) If injunctive relief is granted against a facility for	103224
operating without a license and the facility continues to operate	103225
without a license, the director shall refer the case to the	103226
attorney general for further action.	103227

~~(O)~~(N) The director may fine a person for violating division	103228
~~(I)~~(H) of this section. The fine shall be five hundred dollars for	103229
a first offense; for each subsequent offense, the fine shall be	103230
one thousand dollars. The director's actions in imposing a fine	103231
shall be taken in accordance with Chapter 119. of the Revised	103232
Code.	103233

Sec. 5119.341. (A) Any person may operate a residential	103234
facility providing accommodations and personal care services for	103235
one to five unrelated persons and licensed as a residential	103236
facility that meets the criteria specified in division (A)(9)(b)	103237
of section 5119.34 of the Revised Code as a permitted use in any	103238
residential district or zone, including any single-family	103239
residential district or zone of any political subdivision. Such	103240
facilities may be required to comply with area, height, yard, and	103241
architectural compatibility requirements that are uniformly	103242
imposed upon all single-family residences within the district or	103243
zone.	103244

(B) Any person may operate a residential facility providing	103245
accommodations and personal care services for six to sixteen	103246
persons and licensed as a residential facility that meets the	103247
criteria specified in division (A)(9)(b) of section 5119.34 of the	103248
Revised Code as a permitted use in any multiple-family residential	103249
district or zone of any political subdivision, except that a	103250
political subdivision that has enacted a zoning ordinance or	103251
resolution establishing planned-unit developments as defined in	103252
section 519.021 of the Revised Code may exclude such facilities	103253
from such districts, and a political subdivision that has enacted	103254
a zoning ordinance or resolution may regulate such facilities in	103255
multiple-family residential districts or zones as a conditionally	103256
permitted use or special exception, in either case, under	103257
reasonable and specific standards and conditions set out in the	103258
zoning ordinance or resolution to:	103259

(1) Require the architectural design and site layout of the	103260
home and the location, nature, and height of any walls, screens,	103261
and fences to be compatible with adjoining land uses and the	103262
residential character of the neighborhood;	103263

(2) Require compliance with yard, parking, and sign	103264
regulation.	103265

(C) Divisions (A) and (B) of this section do not affect any	103266
right of a political subdivision to permit a person to operate a	103267
residential facility licensed under section 5119.34 of the Revised	103268
Code in a single-family residential district or zone under	103269
conditions established by the political subdivision.	103270

(D)(1) Notwithstanding divisions (A) and (B) of this section	103271
and except as provided in division (D)(2) of this section, a	103272
political subdivision that has enacted a zoning ordinance or	103273
resolution may limit the excessive concentration of licensed	103274
residential facilities that meet the criteria specified in	103275
division (A)(9)(b) of section 5119.34 of the Revised Code.	103276

(2) Division (D)(1) of this section does not authorize a	103277
political subdivision to prevent or limit the continued existence	103278
and operation of residential facilities existing and operating on	103279
September 10, 2012, and that meet the criteria specified in	103280
division (A)(9)(b) of section 5119.34 of the Revised Code. A	103281
political subdivision may consider the existence of such	103282
facilities for the purpose of limiting the excessive concentration	103283
of such facilities that meet the criteria specified in division	103284
(A)(9)(b) of section 5119.34 of the Revised Code that are not	103285
existing and operating on September 10, 2012.	103286

~~Sec. 5119.221.~~ Sec. 5119.342. (A) Upon petition by the director of	103287
~~mental health~~mental health and addiction services, the court of	103288
common pleas or the probate court may appoint a receiver to take	103289
possession of and operate a residential facility licensed pursuant	103290
to section ~~5119.22~~5119.34 of the Revised Code, when conditions	103291
existing at the residential facility present a substantial risk of	103292
physical or mental harm to residents and no other remedies at law	103293
are adequate to protect the health, safety, and welfare of the	103294
residents.	103295

Petitions filed pursuant to this section shall include:

103296

(1) A description of the specific conditions existing at the	103297
residential facility which present a substantial risk of physical	103298
or mental harm to residents;	103299

(2) A statement of the absence of other adequate remedies at	103300
law;	103301

(3) The number of individuals residing at the facility;

103302

(4) A statement that the facts have been brought to the	103303
attention of the owner or licensee and that conditions have not	103304
been remedied within a reasonable period of time or that the	103305
conditions, though remedied periodically, habitually exist at the	103306
residential facility as a pattern or practice; and	103307

(5) The name and address of the person holding the license	103308
for the residential facility.	103309

(B) A court in which a petition is filed pursuant to this	103310
section shall notify the person holding the license for the	103311
facility of the filing. The department shall send notice of the	103312
filing to the following, as appropriate: the Ohio protection and	103313
advocacy system as defined in section 5123.60 of the Revised Code;	103314
facility owner; facility operator; board of alcohol, drug	103315
addiction, and mental health services; board of health; department	103316
of developmental disabilities; department of job and family	103317
services; facility residents; and residents' families and	103318
guardians. The court shall provide a hearing on the petition	103319
within five court days of the time it was filed, except that the	103320
court may appoint a receiver prior to that time if it determines	103321
that the circumstances necessitate such action.	103322

Following a hearing on the petition, and upon a determination	103323
that the appointment of a receiver is warranted, the court shall	103324
appoint a receiver and notify the department of ~~mental health~~	103325
mental health and addiction services and appropriate persons of	103326
this action.	103327

In setting forth the powers of the receiver, the court may	103328
generally authorize the receiver to do all that is prudent and	103329
necessary to safely and efficiently operate the residential	103330
facility within the requirements of state and federal law, but	103331
shall require the receiver to obtain court approval prior to	103332
making any single expenditure of more than five thousand dollars	103333
to correct deficiencies in the structure or furnishings of a	103334
facility. The court shall closely review the conduct of the	103335
receiver and shall require regular and detailed reports.	103336

(C) A receivership established pursuant to this section shall	103337
be terminated, following notification of the appropriate parties	103338
and a hearing, if the court determines either of the following:	103339

(1) The residential facility has been closed and the former	103340
residents have been relocated to an appropriate facility;	103341

(2) Circumstances no longer exist at the residential facility	103342
which present a substantial risk of physical or mental harm to	103343
residents, and there is no deficiency in the residential facility	103344
that is likely to create a future risk of harm.	103345

Notwithstanding division (C)(2) of this section, the court	103346
shall not terminate a receivership for a residential facility that	103347
has previously operated under another receivership unless the	103348
responsibility for the operation of the facility is transferred to	103349
an operator approved by the court and the department of ~~mental~~	103350
~~health~~mental health and addiction services.	103351

(D) Except for the department of ~~mental health~~mental health	103352
and addiction services or appropriate board of alcohol, drug	103353
addiction, and mental health services, no party or person	103354
interested in an action shall be appointed a receiver pursuant to	103355
this section.	103356

To assist the court in identifying persons qualified to be	103357
named as receivers, the director of ~~the department of mental~~	103358
~~health~~mental health and addiction services shall maintain a list	103359
of the names of such persons. The department of ~~mental health~~	103360
mental health and addiction services, the department of job and	103361
family services, and the department of health shall provide	103362
technical assistance to any receiver appointed pursuant to this	103363
section.	103364

Before entering upon the duties of receiver, the receiver	103365
must be sworn to perform the duties faithfully, and, with surety	103366
approved by the court, judge, or clerk, execute a bond to such	103367
person, and in such sum as the court or judge directs, to the	103368
effect that such receiver will faithfully discharge the duties of	103369
receiver in the action, and obey the orders of the court therein.	103370

(1) Under the control of the appointing court, a receiver may	103371
do the following:	103372

(a) Bring and defend actions in the appointee's name as	103373
receiver;	103374

(b) Take and keep possession of property.

103375

(2) The court shall authorize the receiver to do the	103376
following:	103377

(a) Collect payment for all goods and services provided to	103378
the residents or others during the period of the receivership at	103379
the same rate as was charged by the licensee at the time the	103380
petition for receivership was filed, unless a different rate is	103381
set by the court;	103382

(b) Honor all leases, mortgages, and secured transactions	103383
governing all buildings, goods, and fixtures of which the receiver	103384
has taken possession, but, in the case of a rental agreement only	103385
to the extent of payments that are for the use of the property	103386
during the period of the receivership, or, in the case of a	103387
purchase agreement, only to the extent that payments come due	103388
during the period of the receivership;	103389

(c) If transfer of residents is necessary, provide for the	103390
orderly transfer of residents by:	103391

(i) Cooperating with all appropriate state and local agencies	103392
in carrying out the transfer of residents to alternative community	103393
placements;	103394

(ii) Providing for the transportation of residents'	103395
belongings and records;	103396

(iii) Helping to locate alternative placements and develop	103397
plans for transfer;	103398

(iv) Encouraging residents or guardians to participate in	103399
transfer planning except when an emergency exists and immediate	103400
transfer is necessary.	103401

(d) Make periodic reports on the status of the residential	103402
facility to the court; the appropriate state agencies; and the	103403
board of alcohol, drug addiction, and mental health services. Each	103404
report shall be made available to residents, their guardians, and	103405
families.	103406

(e) Compromise demands or claims; and

103407

(f) Generally do such acts respecting the residential	103408
facility as the court authorizes.	103409

Notwithstanding any other provision of law, contracts which	103410
are necessary to carry out the powers and duties of the receiver	103411
need not be competitively bid.	103412

~~Sec. 5119.611.~~ Sec. 5119.36. (A) A community mental health ~~agency~~	103413
services provider applicant or community addiction services	103414
provider applicant that seeks certification of its community	103415
mental health services or community addiction services shall	103416
submit an application to the director of ~~mental health~~mental	103417
health and addiction services. On receipt of the application, the	103418
director may ~~visit~~conduct an on-site review and shall evaluate	103419
the ~~agency~~provider to determine whether its services satisfy the	103420
standards established by rules adopted under division ~~(C)~~(E) of	103421
this section. The director shall make the evaluation, and, if the	103422
director ~~visits~~conducts an on-site review of the ~~agency~~	103423
provider, ~~shall~~may make the ~~visit~~review, in cooperation with	103424
the board of alcohol, drug addiction, and mental health services	103425
with which the ~~agency~~provider seeks to contract under division	103426
(A)(8)(a) of section 340.03 of the Revised Code.	103427

(B) Subject to section ~~5119.612~~5119.37 of the Revised Code,	103428
the director shall determine whether the services of an	103429
~~applicant's community mental health agency~~applicant satisfy the	103430
standards for certification of the services. If the director	103431
determines that a community mental health ~~agency's~~ services	103432
provider's or a community addiction services provider's services	103433
satisfy the standards for certification and the ~~agency~~provider	103434
has paid the fee required under division (D) of this section, the	103435
director shall certify the services. No community mental health	103436
services provider or community addiction services provider shall	103437
be eligible to receive state or federal funds, or funds	103438
administered by a board of alcohol, drug addiction, and mental	103439
health services unless its services have been certified by the	103440
department.	103441

(C) If the director determines that a community mental health	103442
~~agency's~~ services provider's or a community addiction services	103443
provider's services do not satisfy the standards for	103444
certification, the director shall identify the areas of	103445
noncompliance, specify what action is necessary to satisfy the	103446
standards, and may offer technical assistance to the provider and	103447
to the board of alcohol, drug addiction, and mental health	103448
services so that the board may assist the ~~agency~~provider in	103449
satisfying the standards. The director shall give the ~~agency~~	103450
provider a reasonable time within which to demonstrate that its	103451
services satisfy the standards or to bring the services into	103452
compliance with the standards. If the director concludes that the	103453
services continue to fail to satisfy the standards, the director	103454
may request that the board reallocate ~~the~~any funds for the	103455
~~community~~ mental health or addiction services the ~~agency~~provider	103456
was to provide to another community mental health ~~agency~~or	103457
addiction services provider whose community mental health or	103458
community addiction services satisfy the standards. If the board	103459
does not reallocate ~~those~~such funds in a reasonable period of	103460
time, the director may withhold state and federal funds for the	103461
~~community mental health~~ services and allocate those funds directly	103462
to a community mental health ~~agency~~or community addiction	103463
services provider whose ~~community mental health~~ services satisfy	103464
the standards.	103465

(D) Each community mental health ~~agency~~services provider or	103466
community addiction services provider seeking certification of its	103467
~~community~~ mental health or addiction services under this section	103468
shall pay a fee for the certification required by this section,	103469
unless the provider is exempt under rules adopted under division	103470
(E) of this section. Fees shall be paid into the state treasury to	103471
the credit of the sale of goods and services fund created pursuant	103472
to section ~~5119.161~~5119.45 of the Revised Code.	103473

(E) The director shall adopt rules in accordance with Chapter	103474
119. of the Revised Code to implement this section. The rules	103475
shall do all of the following:	103476

(1) Establish certification standards for ~~community~~ mental	103477
health services~~, including assertive community treatment and~~	103478
~~intensive home-based mental health services,~~and addiction	103479
services that are consistent with nationally recognized applicable	103480
standards and facilitate participation in federal assistance	103481
programs. The rules shall include as certification standards only	103482
requirements that improve the quality of services or the health	103483
and safety of ~~clients of~~persons receiving community mental health	103484
and addiction services. The standards shall address at a minimum	103485
all of the following:	103486

(a) Reporting major unusual incidents to the director;

103487

(b) Procedures for applicants for and ~~clients of~~persons	103488
receiving community mental health and addiction services to file	103489
grievances and complaints;	103490

103491

(d) Restraint;

103492

(e) Requirements regarding physical facilities of service	103493
delivery sites;	103494

(f) Requirements with regard to health, safety, adequacy, and	103495
cultural specificity and sensitivity;	103496

(g) Standards for evaluating services;

103497

(h) Standards and procedures for granting full or conditional	103498
certification to a service provider;	103499

(i) Standards and procedures for revoking the certification	103500
of a provider's services that do not continue to meet the minimum	103501
standards established pursuant to this section;	103502

(j) The limitations to be placed on a provider that is	103503
granted conditional certification;	103504

(k) Development of written policies addressing the rights of	103505
~~clients~~persons receiving services, including all of the	103506
following:	103507

(i) The right to a copy of the written policies addressing	103508
~~client~~the rights of persons receiving services;	103509

(ii) The right at all times to be treated with consideration	103510
and respect for the ~~client's~~person's privacy and dignity;	103511

(iii) The right to have access to the ~~client's~~person's own	103512
psychiatric, medical, or other treatment records unless access is	103513
specifically restricted in the ~~client's~~person's treatment plan	103514
for clear treatment reasons;	103515

(iv) The right to have a client rights officer provided by	103516
the ~~agency~~services provider or board of alcohol, drug addiction,	103517
and mental health services advise the ~~client~~person of the	103518
~~client's~~person's rights, including the ~~client's~~person's rights	103519
under Chapter 5122. of the Revised Code if the ~~client~~person is	103520
committed to the ~~agency~~provider or board.	103521

(2) ~~Establish standards for qualifications of mental health~~	103522
~~professionals as defined in section 340.02 of the Revised Code and~~	103523
~~personnel who provide the community mental health services;~~	103524

~~(3)~~ Establish the process for certification of community	103525
mental health and addiction services;	103526

~~(4)~~(3) Set the amount of certification review fees ~~based on a~~	103527
~~portion of the cost of performing the review~~;	103528

~~(5)~~(4) Specify the type of notice and hearing to be provided	103529
prior to a decision on whether to reallocate funds.	103530

(F) The department shall maintain a current list of providers	103531
whose addiction services are certified by the department under	103532
division (B) of this section and shall provide a copy of the list	103533
to a judge of a court of common pleas who requests a copy for the	103534
use of the judge under division (H) of section 2925.03 of the	103535
Revised Code. The list of certified addiction services shall	103536
identify each provider by its name, its address, and the county in	103537
which it is located.	103538

(G) No person shall represent in any manner that a provider	103539
is certified by the department if the provider is not certified at	103540
the time the representation is made.	103541

~~Sec. 5119.613.~~ Sec. 5119.361. The director of ~~mental health~~mental	103542
health and addiction services shall require that each board of	103543
alcohol, drug addiction, and mental health services ensure that	103544
each community mental health ~~agency~~services provider and	103545
community addiction services provider with which it contracts	103546
under division (A)(8)(a) of section 340.03 of the Revised Code to	103547
provide community mental health or addiction services establish	103548
grievance procedures consistent with rules adopted under section	103549
~~5119.611~~5119.36 of the Revised Code that are available to all	103550
~~applicants for and clients of the~~persons seeking or receiving	103551
services from a community mental health or addiction services	103552
provider.	103553

~~Sec. 5119.612.~~ Sec. 5119.37. (A) In lieu of a determination by the	103554
director of ~~mental health~~mental health and addiction services of	103555
whether the services of a community mental health ~~agency~~services	103556
provider or a community addiction services provider satisfy the	103557
standards for certification under section ~~5119.611~~5119.36 of the	103558
Revised Code, the director shall accept appropriate accreditation	103559
of an applicant's mental health services, alcohol and drug	103560
addiction services, integrated mental health and alcohol and other	103561
drug addiction services, or integrated mental health and physical	103562
health services, or integrated alcohol and other drug addiction	103563
and physical health services being provided in this state from any	103564
of the following national accrediting organizations as evidence	103565
that the applicant satisfies the standards for certification:	103566

(1) The joint commission;

103567

(2) The commission on accreditation of rehabilitation	103568
facilities;	103569

(3) The council on accreditation;

103570

(4) Other behavioral health accreditation as determined by	103571
the director.	103572

(B) If the director determines that an applicant's	103573
accreditation is current, is appropriate for the services for	103574
which the applicant is seeking certification, and the applicant	103575
meets any other requirements established under this section or in	103576
rules adopted under this section, the director shall certify the	103577
applicant's services that are accredited. Except as provided in	103578
division (C)(2) of this section, the director shall issue the	103579
certification without further evaluation of the services.	103580

103581

(1) The director may review the accrediting organizations	103582
listed in division (A) of this section to evaluate whether the	103583
accreditation standards and processes used by the organizations	103584
are consistent with service delivery models the director considers	103585
appropriate for mental health services, alcohol or other drug	103586
addiction services, physical health services, or both. The	103587
director may communicate to an accrediting organization any	103588
identified concerns, trends, needs, and recommendations.	103589

(2) The director may ~~visit~~conduct an on-site review or	103590
otherwise evaluate a community mental health ~~agency~~services	103591
provider or a community addiction services provider at any time	103592
based on cause, including complaints made by or on behalf of	103593
~~consumers~~persons receiving services and confirmed or alleged	103594
deficiencies brought to the attention of the director.	103595

(3) The director shall require a community mental health	103596
~~agency~~services provider and a community addiction services	103597
provider to notify the director not later than ten days after any	103598
change in the ~~agency's~~provider's accreditation status. The ~~agency~~	103599
provider may notify the director by providing a copy of the	103600
relevant document the ~~agency~~provider received from the	103601
accrediting organization.	103602

(4) The director shall require a community mental health	103603
~~agency~~services provider and a community addiction services	103604
provider to submit to the director reports of major unusual	103605
incidents.	103606

(5) The director may require a community mental health ~~agency~~	103607
services provider or a community addiction services provider to	103608
submit to the director cost reports pertaining to the ~~agency~~	103609
provider.	103610

(D) The director shall adopt rules in accordance with Chapter	103611
119. of the Revised Code to implement this section. In adopting	103612
the rules, the director shall do all of the following:	103613

(1) Specify the documentation that must be submitted as	103614
evidence of holding appropriate accreditation;	103615

(2) Establish a process by which the director may review the	103616
accreditation standards and processes used by the national	103617
accrediting organizations listed in division (A) of this section;	103618

(3) Specify the circumstances under which reports of major	103619
unusual incidents and ~~agency~~provider cost reports must be	103620
submitted to the director;	103621

(4) Specify the circumstances under which the director may	103622
~~visit~~conduct an on-site review or otherwise evaluate a community	103623
mental health ~~agency~~services provider and a community addiction	103624
services provider for cause;	103625

(5) Establish a process by which the director, based on	103626
deficiencies identified as a result of ~~visiting~~conducting an	103627
on-site review or evaluating a community mental health ~~agency~~	103628
services provider or a community addiction services provider under	103629
division (C)(2) of this section, may take any of a range of	103630
corrective actions, with the most stringent being revocation of	103631
the certification of the ~~agency's~~provider's services.	103632

~~Sec. 3793.10.~~ Sec. 5119.38. A drivers' intervention program may be	103633
used as an alternative to a term of imprisonment for an offender	103634
sentenced pursuant to division (G)(1)(a) of section 4511.19 of the	103635
Revised Code, if it is certified by the director of ~~alcohol and~~	103636
~~drug addiction services~~mental health and addiction services	103637
pursuant to this section. No drivers' intervention program shall	103638
be used as an alternative to a term of imprisonment that is	103639
imposed pursuant to division (G)(1)(b), (c), (d), or (e) of	103640
section 4511.19 of the Revised Code.	103641

To qualify for certification by the director and to receive	103642
funds from the statewide treatment and prevention fund created by	103643
section 4301.30 of the Revised Code in any amounts and at any	103644
times that the director determines are appropriate, a drivers'	103645
intervention program shall meet state minimum standards that the	103646
director shall establish by rule. The rules shall include, but are	103647
not limited to, standards governing program course hours and	103648
content, qualifications of program personnel, methods of	103649
identifying and testing participants to isolate participants with	103650
alcohol and drug abuse problems, referral of such persons to	103651
~~alcohol and drug~~community addiction ~~programs~~services providers,	103652
the prompt notification of courts by program operators of the	103653
completion of the programs by persons required by courts to attend	103654
them, and record keeping, including methods of tracking	103655
participants for a reasonable time after they have left the	103656
program.	103657

The director shall issue a certificate to any qualified	103658
drivers' intervention program. The certificate is valid for three	103659
years.	103660

~~Sec. 3793.11.~~ Sec. 5119.39. (A) No ~~alcohol and drug~~community	103661
addiction ~~program~~services provider shall employ methadone	103662
treatment or prescribe, dispense, or administer methadone unless	103663
the program is licensed under this section. No ~~alcohol and drug~~	103664
community addiction ~~program~~services provider licensed under this	103665
section shall maintain methadone treatment in a manner	103666
inconsistent with this section and the rules adopted under it.	103667

(B) ~~An alcohol and drug~~A community addiction ~~program~~	103668
services provider may apply to the department of ~~alcohol and drug~~	103669
~~addiction services~~mental health and addiction services for a	103670
license to maintain methadone treatment. The department shall	103671
review all applications received.	103672

(C) The department may issue a license to maintain methadone	103673
treatment to ~~an alcohol and drug~~community addiction ~~program~~	103674
services provider only if all of the following apply:	103675

(1) The ~~program~~provider is operated by a private, nonprofit	103676
organization or by a government entity;	103677

(2) For at least two years immediately preceding the date of	103678
application, the ~~program~~provider has been fully certified under	103679
section ~~3793.06~~5119.36 of the Revised Code;	103680

(3) The ~~program~~provider has not been denied a license to	103681
maintain methadone treatment or had its license withdrawn or	103682
revoked within the five-year period immediately preceding the date	103683
of application;	103684

(4) It affirmatively appears to the department that the	103685
~~program~~provider is adequately staffed and equipped to maintain	103686
methadone treatment;	103687

(5) It affirmatively appears to the department that the	103688
~~program~~provider will maintain methadone treatment in strict	103689
compliance with section 3719.61 of the Revised Code, all other	103690
laws relating to drug abuse, and the rules adopted by the	103691
department;	103692

(6) Except as provided in division (D) of this section, there	103693
is no public or private school, licensed child day-care center, or	103694
other child-serving agency within a radius of five hundred feet of	103695
the location where the program is to maintain methadone treatment.	103696

(D) The department may waive the requirement of division	103697
(C)(6) of this section if it receives, from each public or private	103698
school, licensed child day-care center, or other child-serving	103699
agency that is within the applicable radius of the location where	103700
the program is to maintain methadone treatment, a letter of	103701
support for the location. The department shall determine whether a	103702
letter of support is satisfactory for purposes of waiving the	103703
requirement.	103704

(E) A license to maintain methadone treatment shall expire	103705
one year from the date of issuance. Licenses may be renewed.	103706

(F) The department shall establish procedures and adopt rules	103707
for licensing, inspection, and supervision of ~~alcohol and drug~~	103708
community addiction ~~programs~~services providers that maintain	103709
methadone treatment. The rules shall establish standards for the	103710
control, storage, furnishing, use, and dispensing of methadone,	103711
prescribe minimum standards for the operation of the methadone	103712
treatment component of the ~~program,~~provider's operations and	103713
comply with federal laws and regulations.	103714

All rules adopted under this division shall be adopted in	103715
accordance with Chapter 119. of the Revised Code. All actions	103716
taken by the department regarding the licensing of ~~programs~~	103717
providers to maintain methadone treatment shall be conducted in	103718
accordance with Chapter 119. of the Revised Code, except as	103719
provided in division (L) of this section.	103720

(G) The department of ~~alcohol and drug addiction services~~	103721
mental health and addiction services shall inspect all ~~alcohol and~~	103722
~~drug~~community addiction ~~programs~~services providers licensed to	103723
maintain methadone treatment. Inspections shall be conducted at	103724
least annually and may be conducted more frequently. No person or	103725
government entity shall interfere with a state or local government	103726
official acting on behalf of the department while conducting an	103727
inspection.	103728

(H) An ~~alcohol and drug~~community addiction ~~program~~services	103729
provider shall not administer or dispense methadone in a tablet,	103730
powder, or intravenous form. Methadone shall be administered or	103731
dispensed only in a liquid form intended for ingestion. A ~~program~~	103732
services provider shall not administer or dispense methadone to an	103733
individual for pain or other medical reasons.	103734

(I) As used in this division, "program sponsor" means a	103735
person who assumes responsibility for the operation and employees	103736
of the methadone treatment component of ~~an alcohol and drug~~a	103737
community addiction ~~program~~services provider.	103738

~~An alcohol and drug~~A community addiction ~~program~~services	103739
provider shall not employ an individual who receives methadone	103740
treatment from that ~~program~~services provider. A program shall not	103741
permit an individual to act as a ~~program~~provider sponsor,	103742
medical director, or director of the ~~program~~provider if the	103743
individual is receiving methadone treatment from any ~~alcohol and~~	103744
~~drug~~community addiction ~~program~~services provider.	103745

(J) The department may issue orders to assure compliance with	103746
section 3719.61 of the Revised Code, all other laws relating to	103747
drug abuse, and the rules adopted under this section. Subject to	103748
section ~~3793.13~~5119.27 of the Revised Code, the department may	103749
hold hearings, require the production of relevant matter, compel	103750
testimony, issue subpoenas, and make adjudications. Upon failure	103751
of a person without lawful excuse to obey a subpoena or to produce	103752
relevant matter, the department may apply to a court of common	103753
pleas for an order compelling compliance.	103754

(K) The department may refuse to issue, or may withdraw or	103755
revoke, a license to maintain methadone treatment. A license may	103756
be refused if ~~an alcohol and drug~~a community addiction ~~program~~	103757
services provider does not meet the requirements of division (C)	103758
of this section. A license may be withdrawn at any time the	103759
department determines that the program no longer meets the	103760
requirements for receiving the license. A license may be revoked	103761
in accordance with division (L) of this section.	103762

In the case of a license issued prior to ~~the effective date~~	103763
~~of this amendment~~December 20, 2012, the department shall not	103764
consider the requirement of division (C)(6) of this section in	103765
determining whether to renew, withdraw, or revoke the license.	103766

(L) If the department of ~~alcohol and drug addiction services~~	103767
mental health and addiction services finds reasonable cause to	103768
believe that ~~an alcohol and drug~~a community addiction ~~program~~	103769
services provider licensed under this section is in violation of	103770
any provision of section 3719.61 of the Revised Code, or of any	103771
other state or federal law or rule relating to drug abuse, the	103772
department may issue an order immediately revoking the license,	103773
subject to division (M) of this section. The department shall set	103774
a date not more than fifteen days later than the date of the order	103775
of revocation for a hearing on the continuation or cancellation of	103776
the revocation. For good cause, the department may continue the	103777
hearing on application of any interested party. In conducting	103778
hearings, the department has all the authority and power set forth	103779
in division (J) of this section. Following the hearing, the	103780
department shall either confirm or cancel the revocation. The	103781
hearing shall be conducted in accordance with Chapter 119. of the	103782
Revised Code, except that the ~~program~~provider shall not be	103783
permitted to maintain methadone treatment pending the hearing or	103784
pending any appeal from an adjudication made as a result of the	103785
hearing. Notwithstanding any provision of Chapter 119. of the	103786
Revised Code to the contrary, a court shall not stay or suspend	103787
any order of revocation issued by the director under this division	103788
pending judicial appeal.	103789

(M) The department shall not revoke a license to maintain	103790
methadone treatment unless all ~~clients~~services recipients	103791
receiving methadone treatment from the ~~alcohol and drug~~community	103792
addiction ~~program~~services provider are provided adequate	103793
substitute treatment. For purposes of this division, the	103794
department may transfer the ~~clients~~services recipients to other	103795
programs licensed to maintain methadone treatment or replace any	103796
or all of the administrators and staff of the ~~program~~provider	103797
with representatives of the department who shall continue on a	103798
provisional basis the methadone treatment component of the	103799
program.	103800

(N) Each time the department receives an application from an	103801
~~alcohol and drug~~a community addiction ~~program~~services provider	103802
for a license to maintain methadone treatment, issues or refuses	103803
to issue a license, or withdraws or revokes a license, the	103804
department shall notify the board of alcohol, drug addiction, and	103805
mental health services of each alcohol, drug addiction, and mental	103806
health service district in which the ~~program is operated~~provider	103807
operates.	103808

(O) Whenever it appears to the department from files, upon	103809
complaint, or otherwise, that ~~an alcohol and drug~~a community	103810
addiction ~~program~~services provider has engaged in any practice	103811
declared to be illegal or prohibited by section 3719.61 of the	103812
Revised Code, or any other state or federal laws or regulations	103813
relating to drug abuse, or when the department believes it to be	103814
in the best interest of the public and necessary for the	103815
protection of the citizens of the state, the department may	103816
request criminal proceedings by laying before the prosecuting	103817
attorney of the proper county any evidence of criminality which	103818
may come to its knowledge.	103819

(P) The department shall maintain a current list of ~~alcohol~~	103820
~~and drug~~community addiction ~~programs~~services providers licensed	103821
by the department under this section and shall provide a copy of	103822
the current list to a judge of a court of common pleas who	103823
requests a copy for the use of the judge under division (H) of	103824
section 2925.03 of the Revised Code. The list of licensed ~~alcohol~~	103825
~~and drug~~community addiction ~~programs~~services providers shall	103826
identify each licensed ~~program~~provider by its name, its address,	103827
and the county in which it is located.	103828

~~Sec. 5119.061.~~ Sec. 5119.40. (A) As used in this section,	103829
"mentally ill individual" and "specialized services" have the same	103830
meanings as in section ~~5111.202~~5165.03 of the Revised Code.	103831

(B)(1) Except as provided in division (B)(2) of this section	103832
and rules adopted under division (E)(3) of this section, for	103833
purposes of section ~~5111.202~~5165.03 of the Revised Code, the	103834
department of ~~mental health~~mental health and addiction services	103835
shall determine in accordance with ~~section 1919(e)(7) of~~ the	103836
"Social Security Act," ~~49 Stat. 620 (1935)~~section 1919(e)(7), 42	103837
U.S.C.~~A. 301~~1396r(e)(7), ~~as amended,~~ and regulations adopted	103838
under section 1919(f)(8)(A) of that act, 42 U.S.C. 1396r(f)(8)(A),	103839
whether, because of the individual's physical and mental	103840
condition, a mentally ill individual seeking admission to a	103841
nursing facility requires the level of services provided by a	103842
nursing facility and, if the individual requires that level of	103843
services, whether the individual requires specialized services for	103844
mental illness. The determination required by this division shall	103845
be based on an independent physical and mental evaluation	103846
performed by a person or entity other than the department.	103847

(2) AExcept as provided in division (B)(3) of this section,	103848
a determination under ~~this~~ division (B)(1) of this section is not	103849
required for any of the following:	103850

(a) An individual seeking readmission to a nursing facility	103851
after having been transferred from a nursing facility to a	103852
hospital for care;	103853

(b) An individual who meets all of the following conditions:

103854

(i) The individual is admitted to the nursing facility	103855
directly from a hospital after receiving inpatient care at the	103856
hospital;	103857

(ii) The individual requires nursing facility services for	103858
the condition for which care in the hospital was received;	103859

(iii) The individual's attending physician has certified,	103860
before admission to the nursing facility, that the individual is	103861
likely to require less than thirty days of nursing facility	103862
services.	103863

(c) An individual transferred from one nursing facility to	103864
another nursing facility, with or without an intervening hospital	103865
stay.	103866

(3) A determination under division (B)(1) of this section is	103867
required for an individual described in division (B)(2)(a) or (b)	103868
of this section if the hospital from which the individual is	103869
transferred or directly admitted to a nursing facility is either	103870
of the following:	103871

(a) A hospital that the department maintains, operates,	103872
manages, and governs under section 5119.14 of the Revised Code for	103873
the care and treatment of mentally ill persons;	103874

(b) A free-standing hospital, or unit of a hospital, licensed	103875
by the department under section 5119.33 of the Revised Code.	103876

(C) Except as provided in rules adopted under division	103877
~~(F)~~(E)(3) of this section, the department of ~~mental health~~mental	103878
health and addiction services shall review and determine for each	103879
resident of a nursing facility who is mentally ill, whether the	103880
resident, because of the resident's physical and mental condition,	103881
requires the level of services provided by a nursing facility and	103882
whether the resident requires specialized services for mental	103883
illness. The review and determination shall be conducted in	103884
accordance with section 1919(e)(7) of the "Social Security Act"	103885
and the regulations adopted under section 1919(f)(8)(A) of the act	103886
and based on an independent physical and mental evaluation	103887
performed by a person or entity other than the department. The	103888
review and determination shall be completed promptly after a	103889
nursing facility has notified the department that there has been a	103890
significant change in the resident's mental or physical condition.	103891

(D)(1) In the case of a nursing facility resident who has	103892
continuously resided in a nursing facility for at least thirty	103893
months before the date of a review and determination under	103894
division (C) of this section, if the resident is determined not to	103895
require the level of services provided by a nursing facility, but	103896
is determined to require specialized services for mental illness,	103897
the department, in consultation with the resident's family or	103898
legal representative and care givers, shall do all of the	103899
following:	103900

(a) Inform the resident of the institutional and	103901
noninstitutional alternatives covered under the state plan for	103902
medical assistance;	103903

(b) Offer the resident the choice of remaining in the nursing	103904
facility or receiving covered services in an alternative	103905
institutional or noninstitutional setting;	103906

(c) Clarify the effect on eligibility for services under the	103907
state plan for medical assistance if the resident chooses to leave	103908
the facility, including its effect on readmission to the facility;	103909

(d) Provide for or arrange for the provision of specialized	103910
services for the resident's mental illness in the setting chosen	103911
by the resident.	103912

(2) In the case of a nursing facility resident who has	103913
continuously resided in a nursing facility for less than thirty	103914
months before the date of the review and determination under	103915
division (C) of this section, if the resident is determined not to	103916
require the level of services provided by a nursing facility, but	103917
is determined to require specialized services for mental illness,	103918
or if the resident is determined to require neither the level of	103919
services provided by a nursing facility nor specialized services	103920
for mental illness, the department shall act in accordance with	103921
its alternative disposition plan approved by the United States	103922
department of health and human services under section	103923
1919(e)(7)(E) of the "Social Security Act."	103924

(3) In the case of an individual who is determined under	103925
division (B) or (C) of this section to require both the level of	103926
services provided by a nursing facility and specialized services	103927
for mental illness, the department of ~~mental health~~mental health	103928
and addiction services shall provide or arrange for the provision	103929
of the specialized services needed by the individual or resident	103930
while residing in a nursing facility.	103931

(E) The department of ~~mental health~~mental health and	103932
addiction services shall adopt rules in accordance with Chapter	103933
119. of the Revised Code that do all of the following:	103934

(1) Establish criteria to be used in making the	103935
determinations required by divisions (B) and (C) of this section.	103936
The criteria shall not exceed the criteria established by	103937
regulations adopted by the United States department of health and	103938
human services under section 1919(f)(8)(A) of the "Social Security	103939
Act."	103940

(2) Specify information to be provided by the individual or	103941
nursing facility resident being assessed;	103942

(3) Specify any circumstances, in addition to circumstances	103943
listed in division (B) of this section, under which determinations	103944
under divisions (B) and (C) of this section are not required to be	103945
made.	103946

~~Sec. 5119.69.~~ Sec. 5119.41. (A) As used in this section and	103947
section ~~5119.691~~5119.411 of the Revised Code:	103948

(1) ~~"Long-term care consultation program" means the program~~	103949
~~the department of aging is required to develop under section~~	103950
~~173.42 of the Revised Code.~~	103951

~~(2) "Long-term care consultation program administrator" or~~	103952
~~"administrator" means the department of aging or, if the~~	103953
~~department contracts with an area agency on aging or other entity~~	103954
~~to administer the long-term care consultation program for a~~	103955
~~particular area, that agency or entity.~~	103956

~~(3)~~ "Nursing facility" has the same meaning as in section	103957
~~5111.20~~5165.01 of the Revised Code.	103958

~~(4)~~(2) "Residential state supplement administrative agency"	103959
means the department of ~~mental health~~mental health and addiction	103960
services or, if the department designates an entity under division	103961
(C) of this section for a particular area, the designated entity.	103962

~~(5)~~(3) "Residential state supplement program" means the	103963
program administered pursuant to this section.	103964

(B) The department of ~~mental health~~mental health and	103965
addiction services shall implement the residential state	103966
supplement program under which the state supplements the	103967
supplemental security income payments received by aged, blind, or	103968
disabled adults under Title XVI of the "Social Security Act," 49	103969
~~Stat. 620 (1935),~~ 42 U.S.C.~~A., as amended~~1381 et seq. Residential	103970
state supplement payments shall be used for the provision of	103971
accommodations, supervision, and personal care services to social	103972
security, supplemental security income, and social security	103973
disability insurance recipients who the department determines are	103974
at risk of needing institutional care.	103975

(C) In implementing the program, the department may designate	103976
one or more entities to be responsible for providing	103977
administrative services regarding the program. The department may	103978
designate an entity to be a residential state supplement	103979
administrative agency under this division either by entering into	103980
a contract with the entity to serve in that capacity or by	103981
otherwise delegating to the entity the responsibility to serve in	103982
that capacity.	103983

(D) For an individual to be eligible for residential state	103984
supplement payments, all of the following must be the case:	103985

(1) Except as provided by division (H) of this section, the	103986
individual must reside in one of the following:	103987

(a) A ~~home or~~residential care facility~~, other than a nursing~~	103988
~~home or nursing home unit of a home for the aging,~~ licensed by the	103989
department of health under Chapter 3721. of the Revised Code or an	103990
assisted living program as defined in section 5111.89 of the	103991
Revised Code;	103992

(b) A residential facility as defined in division (A)(9)(b)	103993
of section ~~5119.22~~5119.34 of the Revised Code licensed by the	103994
department of ~~mental health~~mental health and addiction services;	103995

(c) An apartment or room used to provide community mental	103996
health housing services certified by the department of ~~mental~~	103997
~~health~~mental health and addiction services under section ~~5119.611~~	103998
5119.36 of the Revised Code and approved by a board of alcohol,	103999
drug addiction, and mental health services under division (A)(14)	104000
of section 340.03 of the Revised Code.	104001

(2) A residential state supplement administrative agency must	104002
have determined that the environment in which the individual will	104003
be living while receiving the payments is appropriate for the	104004
individual's needs. If the individual is eligible for social	104005
security payments, supplemental security income payments, or	104006
social security disability insurance benefits because of a mental	104007
disability, the residential state supplement administrative agency	104008
shall refer the individual to a community mental health ~~agency~~	104009
services provider for an assessment under division (A) of section	104010
340.091 of the Revised Code.	104011

(3) The individual satisfies all eligibility requirements	104012
established by rules adopted under division (E) of this section.	104013

(E) The ~~directors~~director of ~~mental health~~mental health and	104014
addiction services and ~~job and family services~~medicaid director	104015
shall adopt rules in accordance with section 111.15 of the Revised	104016
Code as necessary to implement the residential state supplement	104017
program.	104018

To the extent permitted by Title XVI of the "Social Security	104019
Act," and any other provision of federal law, the medicaid	104020
director ~~of job and family services~~ may adopt rules establishing	104021
standards for adjusting the eligibility requirements concerning	104022
the level of impairment a person must have so that the amount	104023
appropriated for the program by the general assembly is adequate	104024
for the number of eligible individuals. The rules shall not limit	104025
the eligibility of disabled persons solely on a basis classifying	104026
disabilities as physical or mental. The medicaid director ~~of job~~	104027
~~and family services~~ also may adopt rules that establish	104028
eligibility standards for aged, blind, or disabled individuals who	104029
reside in one of the homes or facilities specified in division	104030
(D)(1) of this section but who, because of their income, do not	104031
receive supplemental security income payments. The rules may	104032
provide that these individuals may include individuals who receive	104033
other types of benefits, including, social security payments or	104034
social security disability insurance benefits provided under Title	104035
II of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.A.	104036
401, ~~as amended~~et seq. Notwithstanding division (B) of this	104037
section, such payments may be made if funds are available for	104038
them.	104039

The director of ~~mental health~~mental health and addiction	104040
services may adopt rules establishing the method to be used to	104041
determine the amount an eligible individual will receive under the	104042
program. The amount the general assembly appropriates for the	104043
program may be a factor included in the method that director	104044
establishes.	104045

(F) The county department of job and family services of the	104046
county in which an applicant for the residential state supplement	104047
program resides shall determine whether the applicant meets income	104048
and resource requirements for the program.	104049

(G) The department of ~~mental health~~mental health and	104050
addiction services shall maintain a waiting list of any	104051
individuals eligible for payments under this section but not	104052
receiving them because moneys appropriated to the department for	104053
the purposes of this section are insufficient to make payments to	104054
all eligible individuals. An individual may apply to be placed on	104055
the waiting list even though the individual does not reside in one	104056
of the homes or facilities specified in division (D)(1) of this	104057
section at the time of application. The director of ~~mental health~~	104058
mental health and addiction services, by rules adopted in	104059
accordance with Chapter 119. of the Revised Code, may specify	104060
procedures and requirements for placing an individual on the	104061
waiting list and priorities for the order in which individuals	104062
placed on the waiting list are to begin to receive residential	104063
state supplement payments. The rules specifying priorities may	104064
give priority to individuals placed on the waiting list on or	104065
after July 1, 2006, who receive social security payments, social	104066
security disability insurance, or supplemental security income	104067
benefits under Title XVI of the "Social Security Act," ~~86 Stat.~~	104068
~~1475 (1972),~~ 42 U.S.C. 1381, ~~as amended~~et seq. The rules shall	104069
not affect the place on the waiting list of any person who was on	104070
the list on July 1, 2006. The rules specifying priorities may also	104071
set additional priorities based on living arrangement, such as	104072
whether an individual resides in a facility listed in division	104073
(D)(1) of this section or has been admitted to a nursing facility.	104074

(H) An individual in a licensed or certified living	104075
arrangement receiving state supplementation on November 15, 1990,	104076
under former section 5101.531 of the Revised Code shall not become	104077
ineligible for payments under this section solely by reason of the	104078
individual's living arrangement as long as the individual remains	104079
in the living arrangement in which the individual resided on	104080
November 15, 1990.	104081

(I) The ~~department of mental health~~county department of job	104082
and family services from which the person is receiving benefits	104083
shall notify each person denied approval for payments under this	104084
section of the person's right to a hearing. On request, the	104085
hearing shall be provided in accordance with Chapter 119. of the	104086
Revised Code.	104087

~~Sec. 5119.691.~~ Sec. 5119.411. On a periodic schedule determined by	104088
the department of ~~mental health~~mental health and addiction	104089
services, each residential state supplement administrative agency	104090
shall determine whether individuals who reside in the area that	104091
the agency serves and are on a waiting list for the residential	104092
state supplement program have been admitted to a nursing facility.	104093
IfThe department shall have a process in place to ensure that if	104094
a residential state supplement administrative agency determines	104095
that such an individual has been admitted to a nursing facility,	104096
~~the agency shall notify the long-term care consultation program~~	104097
~~administrator serving the area in which the individual resides~~	104098
~~about the determination. The administrator shall determine~~there	104099
shall be a determination whether the residential state supplement	104100
program is appropriate for the individual and whether the	104101
individual would rather participate in the program than continue	104102
residing in the nursing facility. If ~~the administrator determines~~	104103
it is determined that the residential state supplement program is	104104
appropriate for the individual and the individual would rather	104105
participate in the program than continue residing in the nursing	104106
facility, the ~~administrator shall so notify the department of~~	104107
~~mental health. On receipt of the notice from the administrator,~~	104108
~~the~~ department of ~~mental health~~mental health and addiction	104109
services shall approve the individual's enrollment in the	104110
residential state supplement program in accordance with the	104111
priorities specified in rules adopted under division (G) of	104112
section ~~5119.69~~5119.41 of the Revised Code. Each quarter in which	104113
a waiting list is in place, the department of ~~mental health~~mental	104114
health and addiction services shall certify to the director of	104115
budget and management the estimated increase in costs of the	104116
residential state supplement program resulting from enrollment of	104117
individuals in the program pursuant to this section.	104118

~~Sec. 5119.63.~~ Sec. 5119.42. (A) As used in this section, "private,	104119
nonprofit organization" means a private association, organization,	104120
corporation, or other entity that is tax exempt under section	104121
501(a) and described in section 501(c) of the "Internal Revenue	104122
Code of 1986," 100 Stat. 2085, 26 U.S.C. 501.	104123

(B) To the extent funds are available and on application by	104124
boards of alcohol, drug addiction, and mental health services, the	104125
director of ~~mental health~~mental health and addiction services may	104126
approve state reimbursement of, or state grants for, community	104127
~~mental health~~ construction programs including residential housing	104128
for severely mentally disabled persons and persons with substance	104129
use disorders. The director may also approve an application for	104130
reimbursement or a grant for such programs submitted by other	104131
governmental entities or by private, nonprofit organizations,	104132
after the application has been reviewed and recommended for	104133
approval or disapproval by the board of alcohol, drug addiction,	104134
and mental health services for the district from which the	104135
application came, and the application is consistent with the plan	104136
submitted by the board under division (A) of section 340.03 of the	104137
Revised Code and the budget and statement of services submitted by	104138
the board under divisions (A) and (B) of section 340.08 of the	104139
Revised Code.	104140

(C)(1) The director of ~~mental health~~mental health and	104141
addiction services shall adopt rules in accordance with Chapter	104142
119. of the Revised Code that specify procedures for applying for	104143
state reimbursement of and state grants for community construction	104144
programs, including residential housing for severely mentally	104145
disabled persons and persons with substance use disorders and	104146
procedures and criteria for approval of such reimbursement and	104147
grants.	104148

(2) The director of ~~mental health~~mental health and addiction	104149
services shall not approve state reimbursement or a state grant	104150
unless all of the following conditions are met:	104151

(a) The applicant includes with the application a plan	104152
specifying the services, in addition to housing, that will be	104153
provided to persons who will reside in the residential housing.	104154
Services specified may include any of the services ~~listed~~	104155
described in section 340.09 of the Revised Code.	104156

(b) The director is satisfied that the residential housing	104157
for severely mentally disabled persons will be developed to	104158
promote the maximum practical integration of severely mentally	104159
disabled persons with persons at the same site who are not	104160
severely mentally disabled.	104161

(c) The use of any funds distributed pursuant to the	104162
reimbursement or grant will not subject any obligation from which	104163
the funds are derived to federal income taxation.	104164

(3) The director may enter into an agreement establishing	104165
terms for any reimbursement or grant approved under this division	104166
with the organization, board, or other government entity that is	104167
the recipient of the reimbursement or grant. Any such agreement is	104168
subject to any covenant or agreement pertaining to any obligation	104169
issued to provide funds for the reimbursement or grant.	104170

~~Sec. 5119.631.~~ Sec. 5119.421. (A) This section applies to a board	104171
of alcohol, drug addiction, and mental health services, another	104172
governmental entity, or a private, nonprofit organization that	104173
received a grant or reimbursement under section ~~5119.63~~5119.42 of	104174
the Revised Code for a facility on which the department of ~~mental~~	104175
~~health~~mental health and addiction services holds a security	104176
interest.	104177

(B) A board of alcohol, drug addiction, and mental health	104178
services, another governmental entity, or a private, nonprofit	104179
organization to which this section applies may apply to the	104180
director of ~~mental health~~mental health and addiction services for	104181
approval to sell its facility and acquire, construct, or renovate	104182
a replacement facility pursuant to this section. The director	104183
shall prescribe the form of the application. Before submitting an	104184
application to the director, a governmental entity or private,	104185
nonprofit organization must obtain approval of the application	104186
from the board of alcohol, drug addiction, and mental health	104187
services with jurisdiction over the service district in which the	104188
existing facility is located. The director shall approve an	104189
application for a replacement project upon determining that the	104190
project provides for the continuation of appropriate mental health	104191
and addiction services to the population served by the board,	104192
entity, or organization.	104193

(C) A board, entity, or organization that obtains approval	104194
for a project under division (B) of this section shall pay the	104195
proceeds of the sale of its facility to the director of ~~mental~~	104196
~~health~~mental health and addiction services. The director shall	104197
deposit the proceeds to the credit of the community capital	104198
replacement facilities fund.	104199

(D) When a board, entity, or organization that has sold its	104200
facility notifies the director of ~~mental health~~mental health and	104201
addiction services that it is ready to acquire, construct, or	104202
renovate a replacement facility, the director shall do one of the	104203
following:	104204

(1) If the replacement facility is located in the same	104205
alcohol, drug addiction, and mental health service district as the	104206
original facility, and if the purposes for which the replacement	104207
facility will be used are the same as or similar to those for the	104208
original facility, the director shall pay to the board, entity, or	104209
organization from the community capital replacement facilities	104210
fund an amount equal to the lesser of an amount equal to the	104211
proceeds of the sale of the original facility or the amount of the	104212
state's agreed-upon participation (as a per cent of the total	104213
cost) in the cost of the replacement facility. If the amount of	104214
the state's agreed-upon participation in the cost of the	104215
replacement facility is less than the value of the state's	104216
security interest in the original facility, the difference between	104217
the state's agreed-upon participation in the cost of the	104218
replacement facility and the value of the state's security	104219
interest in the original facility shall be retained in the	104220
community capital replacement facilities fund, and any excess	104221
proceeds shall be paid to the board, entity, or organization.	104222

(2) If the replacement facility is located in a different	104223
alcohol, drug addiction, and mental health service district than	104224
the original facility, or if the purposes for which the	104225
replacement facility will be used are not the same as or similar	104226
to those for the original facility, the director shall request	104227
controlling board approval for release of funds for the project.	104228
If the controlling board so approves, the director shall pay to	104229
the board, entity, or organization from the community capital	104230
replacement facilities fund the lesser of an amount equal to the	104231
proceeds of the sale of the original facility or the amount of the	104232
state's agreed-upon participation (as a per cent of the total	104233
cost) in the cost of the replacement facility. ifIf the amount of	104234
the state's agreed-upon participation in the cost of the	104235
replacement facility is less than the value of the state's	104236
security interest in the original facility, the difference between	104237
the state's agreed-upon participation in the cost of the	104238
replacement facility and the value of the state's security	104239
interest in the original facility shall be retained in the	104240
community capital replacement facilities fund, and any excess	104241
proceeds shall be paid to the board, entity, or organization.	104242

(E) The director of ~~mental health~~mental health and addiction	104243
services and a board, entity, or organization shall enter into an	104244
agreement specifying the terms of any payment made to the board,	104245
entity, or organization under division (D) of this section. The	104246
terms may include provision for the department of ~~mental health~~	104247
mental health and addiction services to hold a security interest	104248
in the facility.	104249

(F)(1) When approving an application under division (B) of	104250
this section, the director of ~~mental health~~mental health and	104251
addiction services shall establish a deadline by which the board,	104252
entity, or organization must notify the director that it is ready	104253
to acquire, construct, or renovate a replacement facility. If the	104254
board, entity, or organization does not notify the director on or	104255
before the deadline, the director may cancel the project. Upon	104256
canceling the project, the director shall pay to the board,	104257
entity, or organization from the community capital replacement	104258
facilities fund an amount equal to the portion of the proceeds of	104259
the sale of the original facility that exceeds the value of the	104260
state's security interest in the facility.	104261

(2) Notwithstanding the deadline established under division	104262
(F)(1) of this section, if at any time a board, entity, or	104263
organization notifies the director that it does not intend to	104264
acquire, construct, or renovate a replacement facility under this	104265
section, the director shall cancel the replacement project and pay	104266
to the board, entity, or organization from the community capital	104267
replacement facilities fund an amount equal to the portion of the	104268
proceeds of the sale of the original facility that exceeds the	104269
value of the state's security interest in the facility.	104270

(G) If a replacement project is canceled after the sale of	104271
the original facility, the director of ~~mental health~~mental health	104272
and addiction services shall use funds equal to the value of the	104273
state's security interest in the original facility for additional	104274
grants or reimbursements under section ~~5119.63~~5119.42 of the	104275
Revised Code. The director shall obtain the approval of the	104276
controlling board before releasing the additional grants or	104277
reimbursements.	104278

(H) The community capital replacement facilities fund is	104279
hereby created in the state treasury. The director of ~~mental~~	104280
~~health~~mental health and addiction services shall use the fund for	104281
the purposes of this section.	104282

~~Sec. 5119.16.~~ Sec. 5119.44. As used in this section, "free clinic"	104283
has the same meaning as in section 2305.2341 of the Revised Code.	104284

(A) The department of ~~mental health~~mental health and	104285
addiction services may provide certain goods and services for the	104286
department of ~~mental health~~mental health and addiction services,	104287
the department of developmental disabilities, the department of	104288
rehabilitation and correction, the department of youth services,	104289
and other state, county, or municipal agencies requesting such	104290
goods and services when the department of ~~mental health~~mental	104291
health and addiction services determines that it is in the public	104292
interest, and considers it advisable, to provide these goods and	104293
services. The department of ~~mental health~~mental health and	104294
addiction services also may provide goods and services to agencies	104295
operated by the United States government and to public or private	104296
nonprofit agencies, other than free clinics, that are funded in	104297
whole or in part by the state if the public or private nonprofit	104298
agencies are designated for participation in this program by the	104299
director of ~~mental health~~mental health and addiction services	104300
for community addiction services providers and community mental	104301
health ~~agencies~~services providers, the director of developmental	104302
disabilities for community mental retardation and developmental	104303
disabilities agencies, the director of rehabilitation and	104304
correction for community rehabilitation and correction agencies,	104305
or the director of youth services for community youth services	104306
agencies.	104307

Designated community agencies or services providers shall	104308
receive goods and services through the department of ~~mental health~~	104309
mental health and addiction services only in those cases where the	104310
designating state agency certifies that providing such goods and	104311
services to the agency or services provider will conserve public	104312
resources to the benefit of the public and where the provision of	104313
such goods and services is considered feasible by the department	104314
of ~~mental health~~mental health and addiction services.	104315

(B) The department of ~~mental health~~mental health and	104316
addiction services may permit free clinics to purchase certain	104317
goods and services to the extent the purchases fall within the	104318
exemption to the Robinson-Patman Act, 15 U.S.C. 13 et seq.,	104319
applicable to nonprofit institutions, in 15 U.S.C. 13c, as	104320
amended.	104321

(C) The goods and services that may be provided by the	104322
department of ~~mental health~~mental health and addiction services	104323
under divisions (A) and (B) of this section may include:	104324

(1) Procurement, storage, processing, and distribution of	104325
food and professional consultation on food operations;	104326

(2) Procurement, storage, and distribution of medical and	104327
laboratory supplies, dental supplies, medical records, forms,	104328
optical supplies, and sundries, subject to section 5120.135 of the	104329
Revised Code;	104330

(3) Procurement, storage, repackaging, distribution, and	104331
dispensing of drugs, the provision of professional pharmacy	104332
consultation, and drug information services;	104333

(4) Other goods and services.

104334

(D) The department of ~~mental health~~mental health and	104335
addiction services may provide the goods and services designated	104336
in division (C) of this section to its institutions and to	104337
state-operated community-based mental health or addiction services	104338
providers.	104339

(E) After consultation with and advice from the director of	104340
developmental disabilities, the director of rehabilitation and	104341
correction, and the director of youth services, the department of	104342
~~mental health~~mental health and addiction services may provide the	104343
goods and services designated in division (C) of this section to	104344
the department of developmental disabilities, the department of	104345
rehabilitation and correction, and the department of youth	104346
services.	104347

(F) The cost of administration of this section shall be	104348
determined by the department of ~~mental health~~mental health and	104349
addiction services and paid by the agencies, services providers,	104350
or free clinics receiving the goods and services to the department	104351
for deposit in the state treasury to the credit of the ~~mental~~	104352
~~health~~office of support services fund, which is hereby created.	104353
The fund shall be used to pay the cost of administration of this	104354
section to the department.	104355

(G) Whenever a state agency fails to make a payment for goods	104356
and services provided under this section within thirty-one days	104357
after the date the payment was due, the office of budget and	104358
management may transfer moneys from the state agency to the	104359
department of ~~mental health~~mental health and addiction services.	104360
The amount transferred shall not exceed the amount of overdue	104361
payments. Prior to making a transfer under this division, the	104362
office of budget and management shall apply any credits the state	104363
agency has accumulated in payments for goods and services provided	104364
under this section.	104365

(H) Purchases of goods and services under this section are	104366
not subject to section 307.86 of the Revised Code.	104367

~~Sec. 5119.161.~~ Sec. 5119.45. Unless otherwise specifically	104368
provided by law, all moneys received by the department of ~~mental~~	104369
~~health~~mental health and addiction services from the sale of goods	104370
and services, including, but not limited to, shared service	104371
agreements with other governmental entities and nongovernmental	104372
entities, employee housing and cafeteria receipts, fees for	104373
copying services, and sales of other tangible personal property	104374
under the department's control, shall be paid into the state	104375
treasury to the credit of the sale of goods and services fund,	104376
which is hereby created. Moneys received by the department	104377
pursuant to section ~~5119.16~~5119.44 of the Revised Code shall not	104378
be paid into the fund. The department shall use the moneys in the	104379
fund for paying operating expenses of the department.	104380

~~Sec. 5119.18.~~ Sec. 5119.46. There is hereby created in the state	104381
treasury the department of ~~mental health~~mental health and	104382
addiction services trust fund. Not later than the first day of	104383
September of each year, the director of ~~mental health~~mental	104384
health and addiction services shall certify to the director of	104385
budget and management the amount of all of the unexpended,	104386
unencumbered balances of general revenue fund appropriations made	104387
to the department of ~~mental health~~mental health and addiction	104388
services for the previous fiscal year, excluding funds	104389
appropriated for rental payments to the Ohio public facilities	104390
commission. On receipt of the certification, the director of	104391
budget and management shall transfer cash to the trust fund in an	104392
amount up to, but not exceeding, the total of the amounts	104393
certified by the director of ~~mental health~~mental health and	104394
addiction services.	104395

In addition, the trust fund shall receive all amounts,	104396
subject to any provisions in bond documents, received from the	104397
sale or lease of lands and facilities by the department.	104398

All moneys in the trust fund shall be used by the department	104399
of ~~mental health~~mental health and addiction services to pay for	104400
expenditures the department incurs in performing any of its duties	104401
under this chapter. The use of moneys in the trust fund pursuant	104402
to this section does not represent an ongoing commitment to the	104403
continuation of the trust fund or to the use of moneys in the	104404
trust fund.	104405

~~Sec. 3793.032.~~ Sec. 5119.47. The director of ~~alcohol and drug~~	104406
~~addiction services~~mental health and addiction services shall	104407
administer the problem casino gambling and addictions fund. The	104408
director shall use the money in the fund to support ~~programs that~~	104409
~~provide~~ gambling addiction services, alcohol and drug addiction	104410
~~programs that provide alcohol and drug addiction~~ services, other	104411
~~programs~~services that relate to gambling addiction and substance	104412
abuse, and research that relates to gambling addiction and	104413
substance abuse. Treatment and prevention services ~~provided under~~	104414
~~programs~~ supported by money in the fund under this section shall	104415
be services that are ~~provided by alcohol and drug addiction~~	104416
~~treatment programs~~ certified by the department of ~~alcohol and~~	104417
~~drug addiction services or provided by counselors who are~~	104418
~~certified by the department~~mental health and addiction services.	104419
~~Prevention services provided under programssupported by money in~~	104420
~~the fund under this section shall be services that are provided by~~	104421
~~alcohol and drug addiction prevention programs~~ ~~certified by the~~	104422
~~department of alcohol and drug addiction services.~~	104423

The director shall prepare an annual report describing the	104424
use of the fund for these purposes. The director shall submit the	104425
report to the Ohio casino control commission, the speaker and	104426
minority leader of the house of representatives, the president and	104427
minority leader of the senate, the governor, and the joint	104428
committee on gaming and wagering.	104429

~~Sec. 3793.22.~~ Sec. 5119.49. (A) The director of ~~alcohol and drug~~	104430
~~addiction services~~mental health and addiction services shall	104431
collaborate with the state board of pharmacy and attorney general	104432
in the establishment and administration of a drug take-back	104433
program, as provided under section 4729.69 of the Revised Code.	104434

(B) The department may accept grants, gifts, or donations for	104435
purposes of the program. Money received under this division shall	104436
be deposited into the drug take-back program fund established	104437
under section 109.90 of the Revised Code.	104438

~~Sec. 5119.34.~~ Sec. 5119.50. The director of ~~mental health~~mental	104439
health and addiction services may accept, hold, and administer in	104440
trust on behalf of the state, if it is for the public interest,	104441
any grant, gift, devise, or bequest of money or property made to	104442
the state for the use or benefit of any institution described in	104443
section ~~5119.02~~5119.14 of the Revised Code or for the use and	104444
benefit of mentally ill persons under its control. If the trust so	104445
provides, the money or property may be used for any work which the	104446
department of ~~mental health~~mental health and addiction services	104447
is authorized to undertake.	104448

The department shall keep such gift, grant, devise, or	104449
bequest as a distinct property or fund and, if it is in money,	104450
shall invest it in the manner provided by law. The department may	104451
deposit in a proper trust company or savings bank any money left	104452
in trust during a specified life or lives and shall adopt rules	104453
governing the deposit, transfer, withdrawal, or investment of such	104454
money and the income thereof.	104455

The department shall, in the manner prescribed by the	104456
director of budget and management pursuant to section 126.21 of	104457
the Revised Code, account for all money or property received or	104458
expended under this section. The records, together with a	104459
statement certified by the depository showing the funds deposited	104460
there to the credit of the trust, shall be open to public	104461
inspection. The director of budget and management may require the	104462
department to file a report with ~~him~~the director on any	104463
particular portion, or the whole, of any trust property received	104464
or expended by it.	104465

The department shall, upon the expiration of any trust	104466
according to its terms, dispose of the funds or property held	104467
thereunder in the manner provided in the instrument creating the	104468
trust. If the instrument creating the trust failed to make any	104469
terms of disposition, or if no trust was in evidence, then the	104470
decedent patient's money, saving or commercial deposits, dividends	104471
or distributions, bonds, or any other interest-bearing debt	104472
certificate or stamp issued by the United States government shall	104473
escheat to the state. All such unclaimed intangible personal	104474
property of a former patient shall be retained by the managing	104475
officer in such institution for the period of one year, during	104476
which time every possible effort shall be made to find such former	104477
patient or ~~his~~the former patient's legal representative.	104478

If, after a period of one year from the time the patient has	104479
left the institution or has died, the managing officer has been	104480
unable to locate such person or ~~his~~the person's legal	104481
representative, then upon proper notice of such fact the director	104482
shall at that time formulate in writing a method of disposition on	104483
the minutes of the department authorizing the managing officer to	104484
convert such intangible personal property to cash to be paid into	104485
the state treasury to the credit of the general revenue fund.	104486

The department shall include in its annual report a statement	104487
of all money and property and the terms and conditions relating	104488
thereto.	104489

~~Sec. 5119.17.~~ Sec. 5119.51. (A) As used in this section,	104490
"supplemental services" has the same meaning as in section 5815.28	104491
of the Revised Code.	104492

(B) There is hereby created in the state treasury the	104493
services fund for individuals with mental illness. On the death of	104494
the beneficiary of a trust created pursuant to section 5815.28 of	104495
the Revised Code, the portion of the remaining assets of the trust	104496
specified in the trust instrument shall be deposited to the credit	104497
of the fund. Money credited to the fund shall be used for	104498
individuals with mental illness.	104499

Supplemental services may be provided through the department	104500
or boards of alcohol, drug addiction, and mental health services.	104501
In accordance with Chapter 119. of the Revised Code, the	104502
department of ~~mental health~~mental health and addiction services	104503
may adopt any rules necessary to implement this section.	104504

~~Sec. 5119.36.~~ Sec. 5119.52. Each managing officer of an	104505
institution under the jurisdiction of the department of ~~mental~~	104506
~~health~~mental health and addiction services as described in	104507
section ~~5119.02~~5119.14 of the Revised Code, with the approval of	104508
the director of ~~mental health~~mental health and addiction	104509
services, may establish local institution funds designated as	104510
follows:	104511

(A) Industrial and entertainment fund created and maintained	104512
for the entertainment and welfare of the patients of the	104513
institution. The director shall establish rules for the operation	104514
of the industrial and entertainment fund.	104515

(B) Commissary fund created and maintained for the benefit of	104516
patients in the institution. Commissary revenue over and above	104517
operating costs and reserve shall be considered profits. All	104518
profits from the commissary fund operations shall be paid into the	104519
industrial and entertainment fund and used only for the	104520
entertainment and ~~wel fare~~welfare of patients. The director shall	104521
establish rules for the operation of the commissary fund.	104522

~~Sec. 5119.33.~~ Sec. 5119.54. The treasurer of state shall have	104523
charge of all funds under the jurisdiction of the department of	104524
~~mental health~~mental health and addiction services and shall pay	104525
out the same only in accordance with this chapter.	104526

The department shall cause to be furnished a contract of	104527
indemnity to cover all funds received by it or by its managing	104528
officers, employees, or agents while the funds are in the	104529
possession of such managing officers, employees or agents. Such	104530
funds are designated as follows:	104531

(A) Funds which are due and payable to the treasurer of state	104532
as provided by Chapter 131. of the Revised Code;	104533

(B) Those funds which are held in trust by the managing	104534
officers, employees, or agents of the institution as local funds	104535
or accounts under the jurisdiction of the department.	104536

Such contract of indemnity shall be made payable to the state	104537
and the premium for such contract of indemnity may be paid from	104538
any of the moneys received for the use of the department under	104539
this chapter and Chapters 5121. and 5122. of the Revised Code.	104540

Funds collected from various sources, such as the sale of	104541
goods, and all miscellaneous articles, shall be transmitted on or	104542
before Monday of each week to the treasurer of state and a	104543
detailed statement of such collections shall be made to the	104544
department.	104545

~~Sec. 5119.351.~~ Sec. 5119.55. The department of ~~mental health~~	104546
mental health and addiction services may pay an amount for	104547
personal use to each individual residing in a state institution as	104548
described in section ~~5119.02~~5119.14 of the Revised Code who would	104549
be eligible for supplemental security income benefits at the	104550
reduced rate established by Title XVI of the "Social Security	104551
Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.~~A. 1382, as amended~~1381 et	104552
seq., if the ~~state plan for providing medical assistance under~~	104553
~~section 5111.01 of the Revised Code included reimbursement of~~	104554
medicaid program covers services provided in such institutions.	104555
The amount paid by the department shall not exceed the reduced	104556
supplemental security income benefit rate established by Title XVI	104557
of the "Social Security Act."	104558

~~Sec. 5119.35.~~ Sec. 5119.56. Money or property deposited with	104559
managing officers of institutions under the jurisdiction of the	104560
department of ~~mental health~~mental health and addiction services	104561
by any patient under the department's control or by relatives,	104562
guardians, conservators, and others for the special benefit of	104563
such patient, as well as all other funds and all other income paid	104564
to the patient, ~~his~~the patient's estate, or on ~~his~~the patient's	104565
behalf, or paid to the managing officer or to the institution as	104566
representative payee or otherwise paid on the patient's behalf,	104567
shall remain in the hands of such officers in appropriate accounts	104568
for use accordingly. The managing officer shall keep itemized book	104569
accounts of the receipt and disposition of such money and	104570
property, which book shall be open at all times to the inspection	104571
of the department. The director of ~~mental health~~mental health	104572
and addiction services shall adopt rules governing the deposit,	104573
transfer, withdrawal, or investment of the funds and the income	104574
thereof, as well as rules under which such funds and income shall	104575
be paid by managing officers for the support of the patients	104576
pursuant to Chapter 5121. of the Revised Code, or for their other	104577
needs.	104578

Whenever any patient confined in any state institution	104579
subject to the jurisdiction of the department dies, escapes, or is	104580
discharged from such institution, and any personal funds of such	104581
person remain in the hands of the managing officer thereof and no	104582
demand for such funds is made upon such managing officer by the	104583
owner of the funds or ~~his~~the owner's legally appointed	104584
representative, the managing officer shall hold the funds in the	104585
personal deposit fund for a period of at least one year during	104586
which time the managing officer shall make every effort possible	104587
to locate the owner or ~~his~~the owner's legally appointed	104588
representative.	104589

If at the end of this period no demand has been made for the	104590
funds, the managing officer shall dispose of the funds as follows:	104591

(A) All money in a personal deposit fund in excess of ten	104592
dollars due for the support of a patient shall be paid in	104593
accordance with the provisions of Chapter 5121. of the Revised	104594
Code.	104595

(B) All money in a personal deposit fund in excess of ten	104596
dollars not due for the support of a patient shall be placed to	104597
the credit of the institution's local account designated as the	104598
"industrial and entertainment" fund.	104599

(C) The first ten dollars to the credit of a patient shall be	104600
placed to the credit of the institution's local account designated	104601
as the "industrial and entertainment" fund.	104602

Whenever any patient in any state institution subject to the	104603
jurisdiction of the department dies, escapes, or is discharged	104604
from such institution, and any personal effects of such person	104605
remain in the hands of the managing officer thereof, and no demand	104606
is made upon such managing officer by the owner of the property or	104607
~~his~~the owner's legally appointed representative, the managing	104608
officer shall hold and dispose of such property in the following	104609
manner.	104610

All the miscellaneous personal effects shall be held for a	104611
period of at least one year, during which time the managing	104612
officer shall make every effort possible to locate the owner or	104613
~~his~~the owner's legal representative. If at the end of this	104614
period, no demand has been made by the owner of the property or	104615
~~his~~the owner's legal representative, the managing officer shall	104616
file with the county recorder of the county of commitment of such	104617
owner, all deeds, wills, contract mortgages, or assignments. The	104618
balance of the personal effects shall be sold at public auction	104619
after being duly advertised, and the funds turned over to the	104620
treasurer of state for credit to the general revenue fund. If any	104621
of the property is not of a type to be filed with the county	104622
recorder and is not salable at public auction, then the managing	104623
officer of the institution shall destroy such property.	104624

~~Sec. 5119.46.~~ Sec. 5119.60. ~~In its annual report, the~~The	104625
department of ~~mental health~~mental health and addiction services	104626
shall submit an annual report to the governor that shall describe	104627
the services the department offers and how appropriated funds have	104628
been spent. The report shall include ~~the~~all of the following:	104629

(A) The utilization of state hospitals by each alcohol, drug	104630
addiction, and mental health service district~~, the~~;	104631

(B) The number of persons served by community addiction	104632
services providers that receive funds distributed by the	104633
department, with a breakdown into categories including age, sex,	104634
race, the type of drug to which the person is addicted, and any	104635
other categories the director of mental health and addiction	104636
services considers significant;	104637

(C) The number of severely mentally disabled persons served	104638
in each district~~, and the~~;	104639

(D) The number and types of services provided to severely	104640
mentally disabled persons through state-operated services and	104641
community mental health ~~agencies~~services providers;	104642

(E) A report measuring the success of community addiction	104643
services providers, based on the measures for accountability	104644
developed by the department, including the percentage of persons	104645
served by such community addiction services providers who have not	104646
relapsed;	104647

(F) Any other information that the director considers	104648
significant or is requested by the governor.	104649

~~Sec. 3793.12.~~ Sec. 5119.61. (A) The department of ~~alcohol and drug~~	104650
~~addiction services~~mental health and addiction services shall	104651
collect and compile statistics and other information on the care	104652
and treatment of mentally disabled persons, and the care,	104653
treatment, and rehabilitation of alcoholics, drug dependent	104654
persons, and persons in danger of drug dependence in this state,	104655
including, without limitation, information on the number of such	104656
persons, the type of drug involved, the type of care, treatment,	104657
or rehabilitation prescribed or undertaken, and the success or	104658
failure of the care, treatment, or rehabilitation. The department	104659
shall collect information about services delivered and persons	104660
served as required for reporting and evaluation relating to state	104661
and federal funds expended for such purposes.	104662

(B) No alcohol or, drug addiction ~~program~~, or mental health	104663
services provider shall fail to supply statistics and other	104664
information within its knowledge and with respect to its ~~programs~~	104665
services, upon request of the department.	104666

(C) Communications by a person seeking aid in good faith for	104667
alcoholism or drug dependence are confidential, and this section	104668
does not require the collection or permit the disclosure of	104669
information which reveals or comprises the identity of any person	104670
seeking aid.	104671

(D) Based on the information collected and compiled under	104672
division (A) of this section, the department shall develop a	104673
project to assess the outcomes of persons served by alcohol and	104674
drug addiction ~~programs~~services providers and mental health	104675
services providers that receive funds distributed by the	104676
department.	104677

~~Sec. 5119.50.~~ Sec. 5119.70. The "interstate compact on mental	104678
health" is hereby ratified, enacted into law, and entered into by	104679
the state of Ohio as a party thereto with any other state which	104680
has legally joined in the compact as follows:	104681

INTERSTATE COMPACT ON MENTAL HEALTH	104682

The contracting states solemnly agree that:

104683

Article I	104684

The party states find that the proper and expeditious	104685
treatment of the mentally ill and mentally retarded can be	104686
facilitated by cooperative action, to the benefit of the patients,	104687
their families, and society as a whole. Further, the party states	104688
find that the necessity of and desirability for furnishing such	104689
care and treatment bears no primary relation to the residence or	104690
citizenship of the patient but that, on the contrary, the	104691
controlling factors of community safety and humanitarianism	104692
require that facilities and services be made available for all who	104693
are in need of them. Consequently, it is the purpose of this	104694
compact and of the party states to provide the necessary legal	104695
basis for the institutionalization or other appropriate care and	104696
treatment of the mentally ill and mentally retarded under a system	104697
that recognizes the paramount importance of patient welfare and to	104698
establish the responsibilities of the party states in terms of	104699
such welfare.	104700

Article II	104701

As used in this compact:

104702

(a) "Sending state" shall mean a party state from which a	104703
patient is transported pursuant to the provisions of the compact	104704
or from which it is contemplated that a patient may be so sent.	104705

(b) "Receiving state" shall mean a party state to which a	104706
patient is transported pursuant to the provisions of the compact	104707
or to which it is contemplated that a patient may be so sent.	104708

(c) "Institution" shall mean any hospital or other facility	104709
maintained by a party state or political subdivision thereof for	104710
the care and treatment of mental illness or mental retardation.	104711

(d) "Patient" shall mean any person subject to or eligible as	104712
determined by the laws of the sending state, for	104713
institutionalization or other care, treatment, or supervision	104714
pursuant to the provisions of this compact.	104715

(e) "After-care" shall mean care, treatment and services	104716
provided a patient, as defined herein, or convalescent status or	104717
conditional release.	104718

(f) "Mental illness" shall mean mental disease to such extent	104719
that a person so afflicted requires care and treatment for his own	104720
welfare, or the welfare of others, or of the community.	104721

(g) "Mental retardation" shall mean mental retardation as	104722
defined by appropriate clinical authorities to such extent that a	104723
person so afflicted is incapable of managing himself and his	104724
affairs, but shall not include mental illness as defined herein.	104725

(h) "State" shall mean any state, territory or possession of	104726
the United States, the District of Columbia, and the Commonwealth	104727
of Puerto Rico.	104728

Article III	104729

(a) Whenever a person physically present in any party state	104730
shall be in need of institutionalization by reason of mental	104731
illness or mental retardation, he shall be eligible for care and	104732
treatment in an institution in that state irrespective of his	104733
residence, settlement or citizenship qualifications.	104734

(b) The provisions of paragraph (a) of this article to the	104735
contrary notwithstanding, any patient may be transferred to an	104736
institution in another state whenever there are factors based upon	104737
clinical determinations indicating that the care and treatment of	104738
said patient would be facilitated or improved thereby. Any such	104739
institutionalization may be for the entire period of care and	104740
treatment or for any portion or portions thereof. The factors	104741
referred to in this paragraph shall include the patient's full	104742
record with due regard for the location of the patient's family,	104743
character of the illness and probable duration thereof, and such	104744
other factors as shall be considered appropriate.	104745

(c) No state shall be obliged to receive any patient pursuant	104746
to the provisions of paragraph (b) of this article unless the	104747
sending state has given advance notice of its intention to send	104748
the patient; furnished all available medical and other pertinent	104749
records concerning the patient; given the qualified medical or	104750
other appropriate clinical authorities of the receiving state an	104751
opportunity to examine the patient if said authorities so wish;	104752
and unless the receiving state shall agree to accept the patient.	104753

(d) In the event that the laws of the receiving state	104754
establish a system of priorities for the admission of patients, an	104755
interstate patient under this compact shall receive the same	104756
priority as a local patient and shall be taken in the same order	104757
and at the same time that he would be taken if he were a local	104758
patient.	104759

(e) Pursuant to this compact, the determination as to the	104760
suitable place of institutionalization for a patient may be	104761
reviewed at any time and such further transfer of the patient may	104762
be made as seems likely to be in the best interest of the patient.	104763

Article IV	104764

(a) Whenever, pursuant to the laws of the state in which a	104765
patient is physically present, it shall be determined that the	104766
patient should receive after-care or supervision, such care or	104767
supervision may be provided in a receiving state. If the medical	104768
or other appropriate clinical authorities having responsibility	104769
for the care and treatment of the patient in the sending state	104770
shall have reason to believe that after-care in another state	104771
would be in the best interest of the patient and would not	104772
jeopardize the public safety, they shall request the appropriate	104773
authorities in the receiving state to investigate the desirability	104774
of affording the patient such after-care in said receiving state,	104775
and such investigation shall be made with all reasonable speed.	104776
The request for investigation shall be accompanied by complete	104777
information concerning the patient's intended place of residence	104778
and the identity of the person in whose charge it is proposed to	104779
place the patient, the complete medical history of the patient,	104780
and such other documents as may be pertinent.	104781

(b) If the medical or other appropriate clinical authorities	104782
having responsibility for the care and treatment of the patient in	104783
the sending state and the appropriate authorities in the receiving	104784
state find that the best interest of the patient would be served	104785
thereby, and if the public safety would not be jeopardized	104786
thereby, the patient may receive after-care or supervision in the	104787
receiving state.	104788

(c) In supervising, treating, or caring for a patient on	104789
after-care pursuant to the terms of this article, a receiving	104790
state shall employ the same standards of visitation, examination,	104791
care, and treatment that it employs for similar local patients.	104792

Article V	104793

Whenever a dangerous or potentially dangerous patient escapes	104794
from an institution in any party state, that state shall promptly	104795
notify all appropriate authorities within and without the	104796
jurisdiction of the escape in a manner reasonably calculated to	104797
facilitate the speedy apprehension of the escapee. Immediately	104798
upon the apprehension and identification of any such dangerous or	104799
potentially dangerous patient, he shall be detained in the state	104800
where found pending disposition in accordance with law.	104801

Article VI	104802

The duly accredited officers of any state party to this	104803
compact, upon the establishment of their authority and the	104804
identity of the patient, shall be permitted to transport any	104805
patient being moved pursuant to this compact through any and all	104806
states party to this compact, without interference.	104807

Article VII	104808

(a) No person shall be deemed a patient of more than one	104809
institution at any given time. Completion of transfer of any	104810
patient to an institution in a receiving state shall have the	104811
effect of making the person a patient of the institution in the	104812
receiving state.	104813

(b) The sending state shall pay all costs of and incidental	104814
to the transportation of any patient pursuant to this compact, but	104815
any two or more party states may, by making a specific agreement	104816
for that purpose, arrange for a different allocation of costs as	104817
among themselves.	104818

(c) No provision of this compact shall be construed to alter	104819
or affect any internal relationships among the departments,	104820
agencies and officers of and in the government of a party state,	104821
or between a party state and its subdivisions, as to the payment	104822
of costs, or responsibilities therefor.	104823

(d) Nothing in this compact shall be construed to prevent any	104824
party state or subdivision thereof from asserting any right	104825
against any person, agency or other entity in regard to costs for	104826
which such party state or subdivision thereof may be responsible	104827
pursuant to any provision of this compact.	104828

(e) Nothing in this compact shall be construed to invalidate	104829
any reciprocal agreement between a party state and a nonparty	104830
state relating to institutionalization, care or treatment of the	104831
mentally ill or mentally retarded, or any statutory authority	104832
pursuant to which such agreements may be made.	104833

Article VIII	104834

(a) Nothing in this compact shall be construed to abridge,	104835
diminish, or in any way impair the rights, duties, and	104836
responsibilities of any patient's guardian on his own behalf or in	104837
respect of any patient for whom he may serve, except that where	104838
the transfer of any patient to another jurisdiction makes	104839
advisable the appointment of a supplemental or substitute	104840
guardian, any court of competent jurisdiction in the receiving	104841
state may make such supplemental or substitute appointment and the	104842
court which appointed the previous guardian shall upon being duly	104843
advised of the new appointment, and upon the satisfactory	104844
completion of such accounting and other acts as such court may by	104845
law require, relieve the previous guardian of power and	104846
responsibility to whatever extent shall be appropriate in the	104847
circumstances; provided, however, that in the case of any patient	104848
having settlement in the sending state, the court of competent	104849
jurisdiction in the sending state shall have the sole discretion	104850
to relieve a guardian appointed by it or continue his power and	104851
responsibility, whichever it shall deem advisable. The court in	104852
the receiving state may, in its discretion, confirm or reappoint	104853
the person or persons previously serving as guardian in the	104854
sending state in lieu of making a supplemental or substitute	104855
appointment.	104856

(b) The term "guardian" as used in paragraph (a) of this	104857
article shall include any guardian, trustee, legal committee,	104858
conservator, or other person or agency however denominated who is	104859
charged by law with power to act for or responsibility for the	104860
person or property of a patient.	104861

Article IX	104862

(a) No provision of this compact except Article V shall apply	104863
to any person institutionalized while under sentence in a penal or	104864
correctional institution or while subject to trial on a criminal	104865
charge, or whose institutionalization is due to the commission of	104866
an offense for which, in the absence of mental illness or mental	104867
retardation, said person would be subject to incarceration in a	104868
penal or correctional institution.	104869

(b) To every extent possible, it shall be the policy of	104870
states party to this compact that no patient shall be placed or	104871
detained in any prison, jail or lockup, but such patient shall,	104872
with all expedition, be taken to a suitable institutional facility	104873
for mental illlness or mental retardation.	104874

Article X	104875

(a) Each party state shall appoint a "compact administrator"	104876
who, on behalf of his state, shall act as general coordinator of	104877
activities under the compact in his state and who shall receive	104878
copies of all reports, correspondence, and other documents	104879
relating to any patient processed under the compact by his state	104880
either in the capacity of sending or receiving state. The compact	104881
administrator or his duly designated representative shall be the	104882
official with whom other party states shall deal in any matter	104883
relating to the compact or any patient processed thereunder.	104884

(b) The compact administrators of the respective party states	104885
shall have power to promulgate reasonable rules and regulations to	104886
carry out more effectively the terms and provisions of this	104887
compact.	104888

Article XI	104889

The duly constituted administrative authorities of any two or	104890
more party states may enter into supplementary agreements for the	104891
provision of any service or facility or for the maintenance of any	104892
institution on a joint or cooperative basis whenever the states	104893
concerned shall find that such agreements will improve services,	104894
facilities, or institutional care and treatment in the fields of	104895
mental illness or mental retardation. No such supplementary	104896
agreement shall be construed so as to relieve any party state of	104897
any obligation which it otherwise would have under other	104898
provisions of this compact.	104899

Article XII	104900

This compact shall enter into full force and effect as to any	104901
state when enacted by it into law and such states shall thereafter	104902
be a party thereto with any and all states legally joining	104903
therein.	104904

Article XIII	104905

(a) A state party to this compact may withdraw therefrom by	104906
enacting a statute repealing the same. Such withdrawal shall take	104907
effect one year after notice thereof has been communicated	104908
officially and in writing to the governors and compact	104909
administrators of all other party states. However, the withdrawal	104910
of any state shall not change the status of any patient who has	104911
been sent to said state or sent out of said state pursuant to the	104912
provisions of the compact.	104913

(b) Withdrawal from any agreement permitted by Article VII	104914
(b) as to costs or from any supplementary agreement made pursuant	104915
to Article XI shall be in accordance with the terms of such	104916
agreement.	104917

Article XIV	104918

This compact shall be liberally construed so as to effectuate	104919
the purposes thereof. The provisions of this compact shall be	104920
severable and if any phrase, clause, sentence or provision of this	104921
compact is declared to be contrary to the constitution of any	104922
party state or of the United States or the applicability thereof	104923
to any government, agency, person or circumstance is held invalid,	104924
the validity of the remainder of this compact and the	104925
applicability thereof to any government, agency, person or	104926
circumstance shall not be affected thereby. If this compact shall	104927
be held contrary to the constitution of any state party thereto,	104928
the compact shall remain in full force and effect as to the	104929
remaining states and in full force and effect as to the state	104930
affected as to all severable matters.	104931

~~Sec. 5119.51.~~ Sec. 5119.71. Pursuant to Article X of the compact	104932
set forth in section ~~5119.50~~5119.70 of the Revised Code, the	104933
director of ~~mental health~~mental health and addiction services and	104934
the director of developmental disabilities each shall designate an	104935
officer who shall be the compact administrator for the department	104936
and who, acting jointly with like officers of other party states,	104937
shall adopt rules to carry out more effectively the terms of the	104938
compact. The compact administrators of each department shall serve	104939
subject to the pleasure of the governor and shall cooperate with	104940
all departments, agencies, and officers of and in the government	104941
of this state and its subdivisions in facilitating the proper	104942
administration of the compact or of any supplementary agreements	104943
entered into by this state thereunder.	104944

~~Sec. 5119.52.~~ Sec. 5119.72. The compact administrator may enter	104945
into supplementary agreements with appropriate officials of other	104946
states pursuant to articles VII and XI of the compact set forth in	104947
section ~~5119.50~~5119.70 of the Revised Code. In the event that	104948
such supplementary agreements require or contemplate the use of	104949
any institution or facility of this state or require or	104950
contemplate the provision of any service by this state, no such	104951
agreement shall have force or effect until approved by the head of	104952
the department or agency under whose jurisdiction the institution	104953
or facility is operated or whose department or agency will be	104954
charged with the rendering of such service.	104955

~~Sec. 5119.53.~~ Sec. 5119.73. Any payments necessary to discharge	104956
any financial obligations imposed upon the state of Ohio by the	104957
compact or by any supplementary agreement entered into thereunder,	104958
as provided in sections ~~5119.50~~5119.70 to ~~5119.52~~5119.72 of the	104959
Revised Code, shall be made from appropriated funds upon	104960
presentation to the director of budget and management of itemized	104961
vouchers approved by the compact administrator.	104962

~~Sec. 3793.31.~~ Sec. 5119.90. As used in sections ~~3793.31~~5119.90 to	104963
~~3793.39~~5119.98 of the Revised Code:	104964

(A) "Alcohol and other drug abuse" means alcoholism or drug	104965
addiction.	104966

(B) "Another drug" means a controlled substance as defined in	104967
section 3719.01 of the Revised Code or a harmful intoxicant as	104968
defined in section 2925.01 of the Revised Code.	104969

(C) "Board of alcohol, drug addiction, and mental health	104970
services" means a board of alcohol, drug addiction, and mental	104971
health services established under section 340.02 or 340.021 of the	104972
Revised Code.	104973

(D) "Danger" or "threat of danger to self, family, or others"	104974
means substantial physical harm or threat of substantial physical	104975
harm upon self, family, or others.	104976

(E) "Hospital" has the same meaning as in section 3701.01 or	104977
3727.01 of the Revised Code but does not include either a hospital	104978
operated by the department of ~~mental health~~mental health and	104979
addiction services or an inpatient unit licensed by the	104980
department.	104981

(F) "Intoxicated" means being under the influence of alcohol,	104982
another drug, or both alcohol and another drug and, as a result,	104983
having a significantly impaired ability to function.	104984

(G) "Petitioner" means a person who institutes a proceeding	104985
under sections ~~3793.32~~5119.91 to ~~3793.39~~5119.98 of the Revised	104986
Code.	104987

(H) "Probate court" means the probate division of the court	104988
of common pleas.	104989

(I) "Qualified health professional" means a person that is	104990
properly credentialed or licensed to conduct a drug and alcohol	104991
assessment and diagnosis under Ohio law.	104992

(J) "Residence" means the legal residence of a person as	104993
determined by applicable principles governing conflicts of law.	104994

(K) "Respondent" means a person alleged in a petition filed	104995
or hearing under sections ~~3793.32~~5119.91 to ~~3793.39~~5119.98 of	104996
the Revised Code to be a person who is suffering from alcohol and	104997
other drug abuse and who may be ordered under those sections to	104998
undergo treatment.	104999

(L) "Treatment" means services and programs for the care and	105000
rehabilitation of intoxicated persons and persons suffering from	105001
alcohol and other drug abuse. "Treatment" includes residential	105002
treatment, a halfway house setting, and an intensive outpatient or	105003
outpatient level of care.	105004

~~Sec. 3793.32.~~ Sec. 5119.91. A probate court may order involuntary	105005
treatment for a person suffering from alcohol and other drug abuse	105006
pursuant to the procedures set forth in sections ~~3793.31~~5119.90	105007
to ~~3793.39~~5119.98 of the Revised Code.	105008

~~Sec. 3793.33.~~ Sec. 5119.92. No person shall be ordered to undergo	105009
treatment under sections ~~3793.31~~5119.90 to ~~3793.39~~5119.98 of the	105010
Revised Code unless all of the following apply to that person:	105011

(A) The person suffers from alcohol and other drug abuse.

105012

(B) The person presents an imminent danger or imminent threat	105013
of danger to self, family, or others as a result of alcohol and	105014
other drug abuse, or there exists a substantial likelihood of such	105015
a threat in the near future.	105016

105017

~~Sec. 3793.34.~~ Sec. 5119.93. (A) A person may initiate proceedings	105018
for treatment for an individual suffering from alcohol and other	105019
drug abuse by filing a verified petition in the probate court and	105020
paying a filing fee in the same amount, if any, that is charged	105021
for the filing under section 5122.11 of the Revised Code of an	105022
affidavit seeking the hospitalization of a person. The petition	105023
and all subsequent court documents shall be entitled: "In the	105024
interest of (name of respondent)." A spouse, relative, or guardian	105025
of the individual concerning whom the petition is filed shall file	105026
the petition.	105027

(B) A petition filed under division (A) of this section shall	105028
set forth all of the following:	105029

(1) The petitioner's relationship to the respondent;

105030

(2) The respondent's name, residence address, and current	105031
location, if known;	105032

(3) The name and residence of the respondent's parents, if	105033
living and if known, or of the respondent's legal guardian, if any	105034
and if known;	105035

(4) The name and residence of the respondent's spouse, if any	105036
and if known;	105037

(5) The name and residence of the person having custody of	105038
the respondent, if any, or if no such person is known, the name	105039
and residence of a near relative or a statement that the person is	105040
unknown;	105041

(6) The petitioner's belief, including the factual basis for	105042
the belief, that the respondent is suffering from alcohol and	105043
other drug abuse and presents an imminent danger or imminent	105044
threat of danger to self, family, or others if not treated for	105045
alcohol or other drug abuse.	105046

(C)(1) Any petition filed pursuant to divisions (A) and (B)	105047
of this section shall be accompanied by a certificate of a	105048
physician who has examined the respondent within two days prior to	105049
the day that the petition is filed in the probate court. The	105050
physician shall be authorized to practice medicine and surgery or	105051
osteopathic medicine and surgery under Chapter 4731. of the	105052
Revised Code. The physician's certificate shall set forth the	105053
physician's findings in support of the need to treat the	105054
respondent for alcohol or other drug abuse. The certificate shall	105055
indicate if the respondent presents an imminent danger or imminent	105056
threat of danger to self, family, or others if not treated.	105057
Further, the certificate shall indicate the type and length of	105058
treatment required and if the respondent can reasonably benefit	105059
from treatment. If the physician's certificate indicates that	105060
inpatient treatment is required, the certificate shall identify	105061
any inpatient facilities known to the physician that are able and	105062
willing to provide the recommended inpatient treatment.	105063

If the respondent refuses to undergo an examination with a	105064
physician concerning the respondent's possible need for treatment	105065
for alcohol or other drug abuse, the petition shall state that the	105066
respondent has refused all requests made by the petitioner to	105067
undergo a physician's examination. In that case, the petitioner	105068
shall not be required to provide a physician's certificate with	105069
the petition.	105070

(2) Any petition filed pursuant to divisions (A) and (B) of	105071
this section shall contain a statement that the petitioner has	105072
arranged for treatment of the respondent. Further, the petition	105073
shall be accompanied by a statement from the person or facility	105074
who has agreed to provide the treatment that verifies that the	105075
person or facility has agreed to provide the treatment and the	105076
estimated cost of the treatment.	105077

(D) Any petition filed pursuant to divisions (A) and (B) of	105078
this section shall be accompanied by both of the following:	105079

(1) A security deposit to be deposited with the clerk of the	105080
probate court that will cover half of the estimated cost of	105081
treatment of the respondent;	105082

(2) A guarantee, signed by the petitioner or another person	105083
authorized to file the petition obligating the guarantor to pay	105084
the costs of the examinations of the respondent conducted by the	105085
physician and qualified health professional under division (B)(5)	105086
of section ~~3793.35~~5119.94 of the Revised Code, the costs of the	105087
respondent that are associated with a hearing conducted in	105088
accordance with section ~~3793.35~~5119.94 of the Revised Code and	105089
that the court determines to be appropriate, and the costs of any	105090
treatment ordered by the court.	105091

~~Sec. 3793.35.~~ Sec. 5119.94. (A) Upon receipt of a petition filed	105092
under section ~~3793.34~~5119.93 of the Revised Code and the payment	105093
of the appropriate filing fee, if any, the probate court shall	105094
examine the petitioner under oath as to the contents of the	105095
petition.	105096

(B) If, after reviewing the allegations contained in the	105097
petition and examining the petitioner under oath, it appears to	105098
the probate court that there is probable cause to believe the	105099
respondent may reasonably benefit from treatment, the court shall	105100
do all of the following:	105101

(1) Schedule a hearing to be held within seven days to	105102
determine if there is clear and convincing evidence that the	105103
respondent may reasonably benefit from treatment for alcohol and	105104
other drug abuse;	105105

(2) Notify the respondent, the legal guardian, if any and if	105106
known, and the spouse, parents, or nearest relative or friend of	105107
the respondent concerning the allegations and contents of the	105108
petition and of the date and purpose of the hearing;	105109

(3) Notify the respondent that the respondent may retain	105110
counsel and, if the person is unable to obtain an attorney, that	105111
the respondent may be represented by court-appointed counsel at	105112
public expense if the person is indigent. Upon the appointment of	105113
an attorney to represent an indigent respondent, the court shall	105114
notify the respondent of the name, address, and telephone number	105115
of the attorney appointed to represent the respondent.	105116

(4) Notify the respondent that the court shall cause the	105117
respondent to be examined not later than twenty-four hours before	105118
the hearing date by a physician for the purpose of a physical	105119
examination and by a qualified health professional for the purpose	105120
of a drug and alcohol addiction assessment and diagnosis. In	105121
addition, the court shall notify the respondent that the	105122
respondent may have an independent expert evaluation of the	105123
person's physical and mental condition conducted at the	105124
respondent's own expense.	105125

(5) Cause the respondent to be examined not later than	105126
twenty-four hours before the hearing date by a physician for the	105127
purpose of a physical examination and by a qualified health	105128
professional for the purpose of a drug and alcohol addiction	105129
assessment and diagnosis;	105130

(6) Conduct the hearing.

105131

(C) The physician and qualified health professional who	105132
examine the respondent pursuant to division (B)(5) of this section	105133
or who are obtained by the respondent at the respondent's own	105134
expense shall certify their findings to the court within	105135
twenty-four hours of the examinations. The findings of each	105136
qualified health professional shall include a recommendation for	105137
treatment if the qualified health professional determines that	105138
treatment is necessary.	105139

(D)(1) If upon completion of the hearing held under this	105140
section the probate court finds by clear and convincing evidence	105141
that the respondent may reasonably benefit from treatment, the	105142
court may order the treatment after considering the qualified	105143
health professionals' recommendations for treatment that have been	105144
submitted to the court under division (C) of this section. If the	105145
court orders the treatment under this division, the court shall	105146
order the treatment to be provided through ~~an alcohol and drug~~a	105147
community addiction ~~program~~services provider certified under	105148
section ~~3793.06~~5119.36 of the Revised Code or by an individual	105149
licensed or certified by the state medical board under Chapter	105150
4731. of the Revised Code, the chemical dependency professionals	105151
board under Chapter 4758. of the Revised Code, the counselor,	105152
social worker, and marriage and family therapist board under	105153
Chapter 4757. of the Revised Code, or a similar board of another	105154
state authorized to provide substance abuse treatment.	105155

(2) Failure of a respondent to undergo and complete any	105156
treatment ordered pursuant to this division is contempt of court.	105157
Any alcohol and drug addiction program or person providing	105158
treatment under this division shall notify the probate court of a	105159
respondent's failure to undergo or complete the ordered treatment.	105160

(E) If, at any time after a petition is filed under section	105161
~~3793.34~~5119.93 of the Revised Code, the probate court finds that	105162
there is not probable cause to continue treatment or if the	105163
petitioner withdraws the petition, then the court shall dismiss	105164
the proceedings against the respondent.	105165

~~Sec. 3793.36.~~ Sec. 5119.95. (A) Following an examination by a	105166
qualified health professional and a certification by that	105167
professional that the person meets the criteria specified in	105168
section ~~3793.33~~5119.92 of the Revised Code, a probate court may	105169
order the person hospitalized for a period not to exceed	105170
seventy-two hours if the court finds by clear and convincing	105171
evidence that the person presents an imminent threat of danger to	105172
self, family, or others as a result of alcohol and other drug	105173
abuse. However, if the hearing to be held under section ~~3793.35~~	105174
5119.94 of the Revised Code will not be held within seventy-two	105175
hours, the court may order the person hospitalized until the	105176
hearing. In making its order, the court shall inform the person	105177
that the person may immediately make a reasonable number of	105178
telephone calls or use other reasonable means to contact an	105179
attorney, a licensed physician, or a qualified health	105180
professional, to contact any other person or persons to secure	105181
representation by counsel, or to obtain medical or psychological	105182
assistance and that the person will be provided assistance in	105183
making calls if the assistance is needed and requested.	105184

(B) Any person who has been admitted to a hospital under	105185
division (A) of this section shall be released from the hospital	105186
immediately upon the expiration of the time period established by	105187
the court for the hospitalization.	105188

(C) No person ordered hospitalized under this section shall	105189
be held in jail pending transportation to the hospital or	105190
evaluation unless the probate court previously has found the	105191
person to be in contempt of court for either failure to undergo	105192
treatment or failure to appear at the evaluation ordered pursuant	105193
to section ~~3793.35~~5119.94 of the Revised Code.	105194

~~Sec. 3793.37.~~ Sec. 5119.96. When a probate court is authorized to	105195
issue an order that the respondent be transported to a hospital,	105196
the court may issue a summons. If the respondent fails to attend	105197
an examination scheduled before the hearing under section ~~3793.35~~	105198
5119.94 of the Revised Code, the court shall issue a summons. A	105199
summons so issued shall be directed to the respondent and shall	105200
command the respondent to appear at a time and place specified in	105201
the summons. If a respondent who has been summoned fails to appear	105202
at the hospital or the examination, the probate court may order	105203
the sheriff or any other peace officer to transport the respondent	105204
to a hospital on the list provided under section ~~3793.38~~5119.97	105205
of the Revised Code for treatment. The sheriff or any other peace	105206
officer, upon agreement of a person authorized by the peace	105207
officer, may authorize a board of alcohol, drug addiction, and	105208
mental health services, a private ~~agency~~services provider under	105209
contract with a board of alcohol, drug addiction, and mental	105210
health services, or an ambulance service designated by a board of	105211
alcohol, drug addiction, and mental health services to transport	105212
the respondent to the hospital. The transportation costs of the	105213
sheriff, other peace officer, ambulance service, or other private	105214
~~agency~~services provider under contract with the board of alcohol,	105215
drug addiction, and mental health services shall be included in	105216
the costs of treatment for alcohol and other drug abuse to be paid	105217
by the petitioner.	105218

~~Sec. 3793.38.~~ Sec. 5119.97. Each board of alcohol, drug addiction,	105219
and mental health services on at least an annual basis shall	105220
submit each of the following lists to the clerk of the probate	105221
court in each county served by the board:	105222

(A) A list of all hospitals in the counties served by the	105223
board that are able and willing to take respondents ordered to	105224
undergo seventy-two hours of treatment and observation pursuant to	105225
section ~~3793.36~~5119.95 of the Revised Code;	105226

(B) A list of hospitals and treatment providers in the	105227
counties served by the board that are able and willing to provide	105228
treatment for alcohol and other drug abuse ordered pursuant to	105229
section ~~3793.35~~5119.94 of the Revised Code.	105230

~~Sec. 3793.39.~~ Sec. 5119.98. Sections ~~3793.12, 3793.13~~5119.26,	105231
5119.27, and ~~3793.14~~5119.61 of the Revised Code apply to a person	105232
who is ordered to undergo treatment under sections ~~3793.31 to~~	105233
~~3793.39~~5119.90 to 5119.98 of the Revised Code.	105234

Sec. 5119.99. (A) Whoever violates section ~~5119.21~~5119.333	105235
of the Revised Code is guilty of a misdemeanor of the first	105236
degree.	105237

(B) Whoever violates division (B) of section 5119.61 of the	105238
Revised Code is guilty of a misdemeanor of the fourth degree.	105239

(C) Whoever violates section 5119.27 or 5119.28 or division	105240
(G) of section 5119.36 of the Revised Code is guilty of a felony	105241
of the fifth degree.	105242

Sec. 5120.07. (A) There is hereby created the ex-offender	105243
reentry coalition consisting of the following ~~eighteen~~seventeen	105244
members or their designees:	105245

(1) The director of rehabilitation and correction;

105246

(2) The director of aging;

105247

(3) The director of ~~alcohol and drug addiction services~~	105248
mental health and addiction services;	105249

(4) The director of development services;

105250

(5) The superintendent of public instruction;

105251

(6) The director of health;

105252

(7) The director of job and family services;

105253

(8) ~~The director of mental health;~~

105254

~~(9)~~ The director of developmental disabilities;

105255

~~(10)~~(9) The director of public safety;

105256

~~(11)~~(10) The director of youth services;

105257

~~(12)~~(11) The chancellor of the Ohio board of regents;

105258

~~(13)~~(12) A representative or member of the governor's staff;

105259

~~(14)~~(13) The executive director of the ~~rehabilitation~~	105260
~~services commission~~opportunities for Ohioans with disabilities	105261
agency;	105262

~~(15)~~(14) The director of the department of commerce;

105263

~~(16)~~(15) The executive director of a health care licensing	105264
board created under Title XLVII of the Revised Code, as appointed	105265
by the chairperson of the coalition;	105266

~~(17)~~(16) The director of veterans services;

105267

~~(18)~~(17) An ex-offender appointed by the director of	105268
rehabilitation and correction.	105269

(B) The members of the coalition shall serve without	105270
compensation. The director of rehabilitation and correction or the	105271
director's designee shall be the chairperson of the coalition.	105272

(C) In consultation with persons interested and involved in	105273
the reentry of ex-offenders into the community, including but not	105274
limited to, services providers, community-based organizations, and	105275
local governments, the coalition shall identify and examine social	105276
service barriers and other obstacles to the reentry of	105277
ex-offenders into the community. Not later than one year after	105278
April 7, 2009, and on or before the same date of each year	105279
thereafter, the coalition shall submit to the speaker of the house	105280
of representatives and the president of the senate a report,	105281
including recommendations for legislative action, the activities	105282
of the coalition, and the barriers affecting the successful	105283
reentry of ex-offenders into the community. The report shall	105284
analyze the effects of those barriers on ex-offenders and on their	105285
children and other family members in various areas, including but	105286
not limited to, the following:	105287

(1) Admission to public and other housing;

105288

(2) Child support obligations and procedures;

105289

(3) Parental incarceration and family reunification;

105290

(4) Social security benefits, veterans' benefits, food	105291
stamps, and other forms of public assistance;	105292

(5) Employment;

105293

(6) Education programs and financial assistance;

105294

(7) Substance abuse~~, mental health,~~ and sex offender	105295
treatment programs and financial assistance and mental health	105296
services and financial assistance;	105297

(8) Civic and political participation;

105298

(9) Other collateral consequences under the Revised Code or	105299
the Ohio administrative code law that may result from a criminal	105300
conviction.	105301

(D)(1) The report shall also include the following	105302
information:	105303

(a) Identification of state appropriations for reentry	105304
programs;	105305

(b) Identification of other funding sources for reentry	105306
programs that are not funded by the state;	105307

(2) The coalition shall gather information about reentry	105308
programs in a repository maintained and made available by the	105309
coalition. Where available, the information shall include the	105310
following:	105311

(a) The amount of funding received;

105312

(b) The number of program participants;

105313

(c) The composition of the program, including program goals,	105314
methods for measuring success, and program success rate;	105315

(d) The type of post-program tracking that is utilized;

105316

(e) Information about employment rates and recidivism rates	105317
of ex-offenders.	105318

(E) The coalition shall cease to exist on December 31, 2014.

105319

Sec. 5120.09. Under the supervision and control of the	105320
director of rehabilitation and correction, the division of	105321
business administration shall do all of the following:	105322

(A) Submit the budgets for the several divisions of the	105323
department of rehabilitation and correction, as prepared by the	105324
respective chiefs of those divisions, to the director. The	105325
director, with the assistance of the chief of the division of	105326
business administration, shall compile a departmental budget that	105327
contains all proposals submitted by the chiefs of the divisions	105328
and shall forward the departmental budget to the governor with	105329
comments and recommendations that the director considers	105330
necessary.	105331

(B) Maintain accounts and records and compile statistics that	105332
the director prescribes;	105333

(C) Under the control of the director, coordinate and make	105334
the necessary purchases and requisitions for the department and	105335
its divisions, except when goods and services are provided to the	105336
department as described in section ~~5119.16~~5119.44 of the Revised	105337
Code;	105338

(D) Administer within this state federal criminal justice	105339
acts that the governor requires the department to administer. In	105340
order to improve the criminal justice system of this state, the	105341
division of business administration shall apply for, allocate,	105342
disburse, and account for grants that are made available pursuant	105343
to those federal criminal justice acts and grants that are made	105344
available from other federal government sources, state government	105345
sources, or private sources. As used in this division, "criminal	105346
justice system" and "federal criminal justice acts" have the same	105347
meanings as in section 5502.61 of the Revised Code.	105348

(E) Audit the activities of governmental entities, persons as	105349
defined in section 1.59 of the Revised Code, and other types of	105350
nongovernmental entities that are financed in whole or in part by	105351
funds that the department allocates or disburses and that are	105352
derived from grants described in division (D) of this section;	105353

(F) Enter into contracts, including contracts with federal,	105354
state, or local governmental entities, persons as defined in	105355
section 1.59 of the Revised Code, foundations, and other types of	105356
nongovernmental entities, that are necessary for the department to	105357
carry out its duties and that neither the director nor another	105358
section of the Revised Code authorizes another division of the	105359
department to enter;	105360

(G) Exercise other powers and perform other duties that the	105361
director may assign to the division of business administration.	105362

Sec. 5120.135. (A) As used in this section, "laboratory	105363
services" includes the performance of medical laboratory analysis;	105364
professional laboratory and pathologist consultation; the	105365
procurement, storage, and distribution of laboratory supplies; and	105366
the performance of phlebotomy services.	105367

(B) The department of rehabilitation and correction may	105368
provide laboratory services to the departments of ~~mental health~~	105369
mental health and addiction services, developmental disabilities,	105370
youth services, and rehabilitation and correction. The department	105371
of rehabilitation and correction may also provide laboratory	105372
services to other state, county, or municipal agencies and to	105373
private persons that request laboratory services if the department	105374
of rehabilitation and correction determines that the provision of	105375
laboratory services is in the public interest and considers it	105376
advisable to provide such services. The department of	105377
rehabilitation and correction may also provide laboratory services	105378
to agencies operated by the United States government and to public	105379
and private entities funded in whole or in part by the state if	105380
the director of rehabilitation and correction designates them as	105381
eligible to receive such services.	105382

The department of rehabilitation and correction shall provide	105383
laboratory services from a laboratory that complies with the	105384
standards for certification set by the United States department of	105385
health and human services under the "Clinical Laboratory	105386
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a.	105387
In addition, the laboratory shall maintain accreditation or	105388
certification with an appropriate accrediting or certifying	105389
organization as considered necessary by the recipients of its	105390
laboratory services and as authorized by the director of	105391
rehabilitation and correction.	105392

(C) The cost of administering this section shall be	105393
determined by the department of rehabilitation and correction and	105394
shall be paid by entities that receive laboratory services to the	105395
department for deposit in the state treasury to the credit of the	105396
laboratory services fund, which is hereby created. The fund shall	105397
be used to pay the costs the department incurs in administering	105398
this section.	105399

(D) Whenever a state agency fails to make a payment for	105400
laboratory services provided to it by the department of	105401
rehabilitation and correction under this section within thirty-one	105402
days after the date the payment was due, the office of budget and	105403
management may transfer moneys from that state agency to the	105404
department of rehabilitation and correction for deposit to the	105405
credit of the laboratory services fund. The amount transferred	105406
shall not exceed the amount of the overdue payments. Prior to	105407
making a transfer under this division, the office shall apply any	105408
credits the state agency has accumulated in payment for laboratory	105409
services provided under this section.	105410

Sec. 5120.17. (A) As used in this section:

105411

(1) "Mental illness" means a substantial disorder of thought,	105412
mood, perception, orientation, or memory that grossly impairs	105413
judgment, behavior, capacity to recognize reality, or ability to	105414
meet the ordinary demands of life.	105415

(2) "Mentally ill person subject to hospitalization" means a	105416
mentally ill person to whom any of the following applies because	105417
of the person's mental illness:	105418

(a) The person represents a substantial risk of physical harm	105419
to the person as manifested by evidence of threats of, or attempts	105420
at, suicide or serious self-inflicted bodily harm.	105421

(b) The person represents a substantial risk of physical harm	105422
to others as manifested by evidence of recent homicidal or other	105423
violent behavior, evidence of recent threats that place another in	105424
reasonable fear of violent behavior and serious physical harm, or	105425
other evidence of present dangerousness.	105426

(c) The person represents a substantial and immediate risk of	105427
serious physical impairment or injury to the person as manifested	105428
by evidence that the person is unable to provide for and is not	105429
providing for the person's basic physical needs because of the	105430
person's mental illness and that appropriate provision for those	105431
needs cannot be made immediately available in the correctional	105432
institution in which the inmate is currently housed.	105433

(d) The person would benefit from treatment in a hospital for	105434
the person's mental illness and is in need of treatment in a	105435
hospital as manifested by evidence of behavior that creates a	105436
grave and imminent risk to substantial rights of others or the	105437
person.	105438

(3) "Psychiatric hospital" means all or part of a facility	105439
that is operated and managed by the department of ~~mental health~~	105440
mental health and addiction services to provide psychiatric	105441
hospitalization services in accordance with the requirements of	105442
this section pursuant to an agreement between the directors of	105443
rehabilitation and correction and ~~mental health~~mental health and	105444
addiction services or, is licensed by the department of ~~mental~~	105445
~~health~~mental health and addiction services pursuant to section	105446
~~5119.20~~5119.33 of the Revised Code as a psychiatric hospital and	105447
is accredited by a ~~healthcare~~health care accrediting organization	105448
approved by the department of ~~mental health~~mental health and	105449
addiction services and the psychiatric hospital is any of the	105450
following:	105451

(a) Operated and managed by the department of rehabilitation	105452
and correction within a facility that is operated by the	105453
department of rehabilitation and correction;	105454

(b) Operated and managed by a contractor for the department	105455
of rehabilitation and correction within a facility that is	105456
operated by the department of rehabilitation and correction;	105457

(c) Operated and managed in the community by an entity that	105458
has contracted with the department of rehabilitation and	105459
correction to provide psychiatric hospitalization services in	105460
accordance with the requirements of this section.	105461

(4) "Inmate patient" means an inmate who is admitted to a	105462
psychiatric hospital.	105463

(5) "Admitted" to a psychiatric hospital means being accepted	105464
for and staying at least one night at the psychiatric hospital.	105465

(6) "Treatment plan" means a written statement of reasonable	105466
objectives and goals for an inmate patient that is based on the	105467
needs of the inmate patient and that is established by the	105468
treatment team, with the active participation of the inmate	105469
patient and with documentation of that participation. "Treatment	105470
plan" includes all of the following:	105471

(a) The specific criteria to be used in evaluating progress	105472
toward achieving the objectives and goals;	105473

(b) The services to be provided to the inmate patient during	105474
the inmate patient's hospitalization;	105475

(c) The services to be provided to the inmate patient after	105476
discharge from the hospital, including, but not limited to,	105477
housing and mental health services provided at the state	105478
correctional institution to which the inmate patient returns after	105479
discharge or community mental health services.	105480

(7) "Mentally retarded person subject to institutionalization	105481
by court order" has the same meaning as in section 5123.01 of the	105482
Revised Code.	105483

(8) "Emergency transfer" means the transfer of a mentally ill	105484
inmate to a psychiatric hospital when the inmate presents an	105485
immediate danger to self or others and requires hospital-level	105486
care.	105487

(9) "Uncontested transfer" means the transfer of a mentally	105488
ill inmate to a psychiatric hospital when the inmate has the	105489
mental capacity to, and has waived, the hearing required by	105490
division (B) of this section.	105491

(10)(a) "Independent decision-maker" means a person who is	105492
employed or retained by the department of rehabilitation and	105493
correction and is appointed by the chief or chief clinical officer	105494
of mental health services as a hospitalization hearing officer to	105495
conduct due process hearings.	105496

(b) An independent decision-maker who presides over any	105497
hearing or issues any order pursuant to this section shall be a	105498
psychiatrist, psychologist, or attorney, shall not be specifically	105499
associated with the institution in which the inmate who is the	105500
subject of the hearing or order resides at the time of the hearing	105501
or order, and previously shall not have had any treatment	105502
relationship with nor have represented in any legal proceeding the	105503
inmate who is the subject of the order.	105504

(B)(1) Except as provided in division (C) of this section, if	105505
the warden of a state correctional institution or the warden's	105506
designee believes that an inmate should be transferred from the	105507
institution to a psychiatric hospital, the department shall hold a	105508
hearing to determine whether the inmate is a mentally ill person	105509
subject to hospitalization. The department shall conduct the	105510
hearing at the state correctional institution in which the inmate	105511
is confined, and the department shall provide qualified	105512
independent assistance to the inmate for the hearing. An	105513
independent decision-maker provided by the department shall	105514
preside at the hearing and determine whether the inmate is a	105515
mentally ill person subject to hospitalization.	105516

(2) Except as provided in division (C) of this section, prior	105517
to the hearing held pursuant to division (B)(1) of this section,	105518
the warden or the warden's designee shall give written notice to	105519
the inmate that the department is considering transferring the	105520
inmate to a psychiatric hospital, that it will hold a hearing on	105521
the proposed transfer at which the inmate may be present, that at	105522
the hearing the inmate has the rights described in division (B)(3)	105523
of this section, and that the department will provide qualified	105524
independent assistance to the inmate with respect to the hearing.	105525
The department shall not hold the hearing until the inmate has	105526
received written notice of the proposed transfer and has had	105527
sufficient time to consult with the person appointed by the	105528
department to provide assistance to the inmate and to prepare for	105529
a presentation at the hearing.	105530

(3) At the hearing held pursuant to division (B)(1) of this	105531
section, the department shall disclose to the inmate the evidence	105532
that it relies upon for the transfer and shall give the inmate an	105533
opportunity to be heard. Unless the independent decision-maker	105534
finds good cause for not permitting it, the inmate may present	105535
documentary evidence and the testimony of witnesses at the hearing	105536
and may confront and cross-examine witnesses called by the	105537
department.	105538

(4) If the independent decision-maker does not find clear and	105539
convincing evidence that the inmate is a mentally ill person	105540
subject to hospitalization, the department shall not transfer the	105541
inmate to a psychiatric hospital but shall continue to confine the	105542
inmate in the same state correctional institution or in another	105543
state correctional institution that the department considers	105544
appropriate. If the independent decision-maker finds clear and	105545
convincing evidence that the inmate is a mentally ill person	105546
subject to hospitalization, the decision-maker shall order that	105547
the inmate be transported to a psychiatric hospital for	105548
observation and treatment for a period of not longer than thirty	105549
days. After the hearing, the independent decision-maker shall	105550
submit to the department a written decision that states one of the	105551
findings described in division (B)(4) of this section, the	105552
evidence that the decision-maker relied on in reaching that	105553
conclusion, and, if the decision is that the inmate should be	105554
transferred, the reasons for the transfer.	105555

(C)(1) The department may transfer an inmate to a psychiatric	105556
hospital under an emergency transfer order if the chief clinical	105557
officer of mental health services of the department or that	105558
officer's designee and either a psychiatrist employed or retained	105559
by the department or, in the absence of a psychiatrist, a	105560
psychologist employed or retained by the department determines	105561
that the inmate is mentally ill, presents an immediate danger to	105562
self or others, and requires hospital-level care.	105563

(2) The department may transfer an inmate to a psychiatric	105564
hospital under an uncontested transfer order if both of the	105565
following apply:	105566

(a) A psychiatrist employed or retained by the department	105567
determines all of the following apply:	105568

(i) The inmate has a mental illness or is a mentally ill	105569
person subject to hospitalization.	105570

(ii) The inmate requires hospital care to address the mental	105571
illness.	105572

(iii) The inmate has the mental capacity to make a reasoned	105573
choice regarding the inmate's transfer to a hospital.	105574

(b) The inmate agrees to a transfer to a hospital.

105575

(3) The written notice and the hearing required under	105576
divisions (B)(1) and (2) of this section are not required for an	105577
emergency transfer or uncontested transfer under division (C)(1)	105578
or (2) of this section.	105579

(4) After an emergency transfer under division (C)(1) of this	105580
section, the department shall hold a hearing for continued	105581
hospitalization within five working days after admission of the	105582
transferred inmate to the psychiatric hospital. The department	105583
shall hold subsequent hearings pursuant to division (F) of this	105584
section at the same intervals as required for inmate patients who	105585
are transported to a psychiatric hospital under division (B)(4) of	105586
this section.	105587

(5) After an uncontested transfer under division (C)(2) of	105588
this section, the inmate may withdraw consent to the transfer in	105589
writing at any time. Upon the inmate's withdrawal of consent, the	105590
hospital shall discharge the inmate, or, within five working days,	105591
the department shall hold a hearing for continued hospitalization.	105592
The department shall hold subsequent hearings pursuant to division	105593
(F) of this section at the same time intervals as required for	105594
inmate patients who are transported to a psychiatric hospital	105595
under division (B)(4) of this section.	105596

(D)(1) If an independent decision-maker, pursuant to division	105597
(B)(4) of this section, orders an inmate transported to a	105598
psychiatric hospital or if an inmate is transferred pursuant to	105599
division (C)(1) or (2) of this section, the staff of the	105600
psychiatric hospital shall examine the inmate patient when	105601
admitted to the psychiatric hospital as soon as practicable after	105602
the inmate patient arrives at the hospital and no later than	105603
twenty-four hours after the time of arrival. The attending	105604
physician responsible for the inmate patient's care shall give the	105605
inmate patient all information necessary to enable the patient to	105606
give a fully informed, intelligent, and knowing consent to the	105607
treatment the inmate patient will receive in the hospital. The	105608
attending physician shall tell the inmate patient the expected	105609
physical and medical consequences of any proposed treatment and	105610
shall give the inmate patient the opportunity to consult with	105611
another psychiatrist at the hospital and with the inmate advisor.	105612

(2) No inmate patient who is transported or transferred	105613
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	105614
psychiatric hospital within a facility that is operated by the	105615
department of rehabilitation and correction shall be subjected to	105616
any of the following procedures:	105617

(a) Convulsive therapy;

105618

(b) Major aversive interventions;

105619

105620

(d) Psychosurgery.

105621

(E) The department of rehabilitation and correction shall	105622
ensure that an inmate patient hospitalized pursuant to this	105623
section receives or has all of the following:	105624

(1) Receives sufficient professional care within twenty days	105625
of admission to ensure that an evaluation of the inmate patient's	105626
current status, differential diagnosis, probable prognosis, and	105627
description of the current treatment plan have been formulated and	105628
are stated on the inmate patient's official chart;	105629

(2) Has a written treatment plan consistent with the	105630
evaluation, diagnosis, prognosis, and goals of treatment;	105631

(3) Receives treatment consistent with the treatment plan;

105632

(4) Receives periodic reevaluations of the treatment plan by	105633
the professional staff at intervals not to exceed thirty days;	105634

(5) Is provided with adequate medical treatment for physical	105635
disease or injury;	105636

(6) Receives humane care and treatment, including, without	105637
being limited to, the following:	105638

(a) Access to the facilities and personnel required by the	105639
treatment plan;	105640

(b) A humane psychological and physical environment;

105641

(c) The right to obtain current information concerning the	105642
treatment program, the expected outcomes of treatment, and the	105643
expectations for the inmate patient's participation in the	105644
treatment program in terms that the inmate patient reasonably can	105645
understand;	105646

(d) Opportunity for participation in programs designed to	105647
help the inmate patient acquire the skills needed to work toward	105648
discharge from the psychiatric hospital;	105649

(e) The right to be free from unnecessary or excessive	105650
medication and from unnecessary restraints or isolation;	105651

(f) All other rights afforded inmates in the custody of the	105652
department consistent with rules, policy, and procedure of the	105653
department.	105654

(F) The department shall hold a hearing for the continued	105655
hospitalization of an inmate patient who is transported or	105656
transferred to a psychiatric hospital pursuant to division (B)(4)	105657
or (C)(1) of this section prior to the expiration of the initial	105658
thirty-day period of hospitalization. The department shall hold	105659
any subsequent hearings, if necessary, not later than ninety days	105660
after the first thirty-day hearing and then not later than each	105661
one hundred and eighty days after the immediately prior hearing.	105662
An independent decision-maker shall conduct the hearings at the	105663
psychiatric hospital in which the inmate patient is confined. The	105664
inmate patient shall be afforded all of the rights set forth in	105665
this section for the hearing prior to transfer to the psychiatric	105666
hospital. The department may not waive a hearing for continued	105667
commitment. A hearing for continued commitment is mandatory for an	105668
inmate patient transported or transferred to a psychiatric	105669
hospital pursuant to division (B)(4) or (C)(1) of this section	105670
unless the inmate patient has the capacity to make a reasoned	105671
choice to execute a waiver and waives the hearing in writing. An	105672
inmate patient who is transferred to a psychiatric hospital	105673
pursuant to an uncontested transfer under division (C)(2) of this	105674
section and who has scheduled hearings after withdrawal of consent	105675
for hospitalization may waive any of the scheduled hearings if the	105676
inmate has the capacity to make a reasoned choice and executes a	105677
written waiver of the hearing.	105678

If upon completion of the hearing the independent	105679
decision-maker does not find by clear and convincing evidence that	105680
the inmate patient is a mentally ill person subject to	105681
hospitalization, the independent decision-maker shall order the	105682
inmate patient's discharge from the psychiatric hospital. If the	105683
independent decision-maker finds by clear and convincing evidence	105684
that the inmate patient is a mentally ill person subject to	105685
hospitalization, the independent decision-maker shall order that	105686
the inmate patient remain at the psychiatric hospital for	105687
continued hospitalization until the next required hearing.	105688

If at any time prior to the next required hearing for	105689
continued hospitalization, the medical director of the hospital or	105690
the attending physician determines that the treatment needs of the	105691
inmate patient could be met equally well in an available and	105692
appropriate less restrictive state correctional institution or	105693
unit, the medical director or attending physician may discharge	105694
the inmate to that facility.	105695

(G) An inmate patient is entitled to the credits toward the	105696
reduction of the inmate patient's stated prison term pursuant to	105697
Chapters 2967. and 5120. of the Revised Code under the same terms	105698
and conditions as if the inmate patient were in any other	105699
institution of the department of rehabilitation and correction.	105700

(H) The adult parole authority may place an inmate patient on	105701
parole or under post-release control directly from a psychiatric	105702
hospital.	105703

(I) If an inmate patient who is a mentally ill person subject	105704
to hospitalization is to be released from a psychiatric hospital	105705
because of the expiration of the inmate patient's stated prison	105706
term, the director of rehabilitation and correction or the	105707
director's designee, at least fourteen days before the expiration	105708
date, may file an affidavit under section 5122.11 or 5123.71 of	105709
the Revised Code with the probate court in the county where the	105710
psychiatric hospital is located or the probate court in the county	105711
where the inmate will reside, alleging that the inmate patient is	105712
a mentally ill person subject to hospitalization by court order or	105713
a mentally retarded person subject to institutionalization by	105714
court order, whichever is applicable. The proceedings in the	105715
probate court shall be conducted pursuant to Chapter 5122. or	105716
5123. of the Revised Code except as modified by this division.	105717

Upon the request of the inmate patient, the probate court	105718
shall grant the inmate patient an initial hearing under section	105719
5122.141 of the Revised Code or a probable cause hearing under	105720
section 5123.75 of the Revised Code before the expiration of the	105721
stated prison term. After holding a full hearing, the probate	105722
court shall make a disposition authorized by section 5122.15 or	105723
5123.76 of the Revised Code before the date of the expiration of	105724
the stated prison term. No inmate patient shall be held in the	105725
custody of the department of rehabilitation and correction past	105726
the date of the expiration of the inmate patient's stated prison	105727
term.	105728

(J) The department of rehabilitation and correction shall set	105729
standards for treatment provided to inmate patients.	105730

(K) A certificate, application, record, or report that is	105731
made in compliance with this section and that directly or	105732
indirectly identifies an inmate or former inmate whose	105733
hospitalization has been sought under this section is	105734
confidential. No person shall disclose the contents of any	105735
certificate, application, record, or report of that nature or any	105736
other psychiatric or medical record or report regarding a mentally	105737
ill inmate unless one of the following applies:	105738

(1) The person identified, or the person's legal guardian, if	105739
any, consents to disclosure, and the chief clinical officer or	105740
designee of mental health services of the department of	105741
rehabilitation and correction determines that disclosure is in the	105742
best interests of the person.	105743

(2) Disclosure is required by a court order signed by a	105744
judge.	105745

(3) An inmate patient seeks access to the inmate patient's	105746
own psychiatric and medical records, unless access is specifically	105747
restricted in the treatment plan for clear treatment reasons.	105748

(4) Hospitals and other institutions and facilities within	105749
the department of rehabilitation and correction may exchange	105750
psychiatric records and other pertinent information with other	105751
hospitals, institutions, and facilities of the department, but the	105752
information that may be released about an inmate patient is	105753
limited to medication history, physical health status and history,	105754
summary of course of treatment in the hospital, summary of	105755
treatment needs, and a discharge summary, if any.	105756

(5) An inmate patient's family member who is involved in	105757
planning, providing, and monitoring services to the inmate patient	105758
may receive medication information, a summary of the inmate	105759
patient's diagnosis and prognosis, and a list of the services and	105760
personnel available to assist the inmate patient and family if the	105761
attending physician determines that disclosure would be in the	105762
best interest of the inmate patient. No disclosure shall be made	105763
under this division unless the inmate patient is notified of the	105764
possible disclosure, receives the information to be disclosed, and	105765
does not object to the disclosure.	105766

(6) The department of rehabilitation and correction may	105767
exchange psychiatric hospitalization records, other mental health	105768
treatment records, and other pertinent information with county	105769
sheriffs' offices, hospitals, institutions, and facilities of the	105770
department of ~~mental health~~mental health and addiction services	105771
and with community mental health ~~agencies~~services providers and	105772
boards of alcohol, drug addiction, and mental health services with	105773
which the department of ~~mental health~~mental health and addiction	105774
services has a current agreement for patient care or services to	105775
ensure continuity of care. Disclosure under this division is	105776
limited to records regarding a mentally ill inmate's medication	105777
history, physical health status and history, summary of course of	105778
treatment, summary of treatment needs, and a discharge summary, if	105779
any. No office, department, agency, provider, or board shall	105780
disclose the records and other information unless one of the	105781
following applies:	105782

(a) The mentally ill inmate is notified of the possible	105783
disclosure and consents to the disclosure.	105784

(b) The mentally ill inmate is notified of the possible	105785
disclosure, an attempt to gain the consent of the inmate is made,	105786
and the office, department, agency, or board documents the attempt	105787
to gain consent, the inmate's objections, if any, and the reasons	105788
for disclosure in spite of the inmate's objections.	105789

(7) Information may be disclosed to staff members designated	105790
by the director of rehabilitation and correction for the purpose	105791
of evaluating the quality, effectiveness, and efficiency of	105792
services and determining if the services meet minimum standards.	105793

The name of an inmate patient shall not be retained with the	105794
information obtained during the evaluations.	105795

(L) The director of rehabilitation and correction may adopt	105796
rules setting forth guidelines for the procedures required under	105797
divisions (B), (C)(1), and (C)(2) of this section.	105798

Sec. 5120.171. (A) The department of rehabilitation and	105799
correction shall have exclusive direction and control of the care	105800
and treatment of seriously mentally ill inmates who are in the	105801
department's custody. The department shall enter into any	105802
arrangements it considers desirable on such matters, including but	105803
not limited to both of the following:	105804

(1) The monitoring of such services by another state agency	105805
or agencies;	105806

(2) Adopting joint standards for the provision and monitoring	105807
of mental health services with the department of ~~mental health~~	105808
mental health and addiction services and other state agencies.	105809

(B) In order to implement its duties imposed by division (A)	105810
of this section, the department of rehabilitation and correction	105811
may enter into a contract for the provision of the mental health	105812
services described in that division.	105813

Sec. 5120.652. To participate in the prison nursery program,	105814
each eligible inmate selected by the department shall do all the	105815
following:	105816

(A) Agree in writing to do all the following:

105817

(1) Comply with any program, educational, counseling, and	105818
other requirements established for the program by the department	105819
of rehabilitation and correction;	105820

(2) If eligible, have the child participate in the medicaid	105821
program or a health insurance program;	105822

(3) Accept the normal risks of childrearing;

105823

(4) Abide by any court decisions regarding the allocation of	105824
parental rights and responsibilities with respect to the child.	105825

(B) Assign to the department any rights to support from any	105826
other person, excluding support assigned pursuant to section	105827
5107.20 of the Revised Code and medical support assigned pursuant	105828
to section ~~5101.59~~5160.38 of the Revised Code;	105829

(C) Specify with whom the child is to be placed in the event	105830
the inmate's participation in the program is terminated for a	105831
reason other than release from imprisonment.	105832

Sec. 5120.654. (A) The rights to support assigned by an	105833
inmate pursuant to section 5120.652 of the Revised Code constitute	105834
an obligation of the person who is responsible for providing the	105835
support to the department of rehabilitation and correction for the	105836
support provided the inmate and child pursuant to the prison	105837
nursery program. The division of child support in the department	105838
of job and family services shall collect support payments made	105839
pursuant to the assignment and forward them to the department of	105840
rehabilitation and correction.	105841

(B) The department of rehabilitation and correction may	105842
receive the following:	105843

(1) Money that is assigned or donated on behalf of, and	105844
~~public~~ assistance provided under Ohio works first to, a specific	105845
inmate or child participating in the prison nursery program;	105846

(2) Money assigned or donated to establish and maintain the	105847
prison nursery program.	105848

(C) The amounts described in division (B)(1) of this section	105849
shall be placed in the individual nursery account created and	105850
maintained under section 5120.655 of the Revised Code for the	105851
inmate and child for whom the money was received. The money	105852
described in division (B)(2) of this section shall be deposited in	105853
the appropriate prison nursery program fund.	105854

Sec. 5121.051. All outstanding liability of relatives for	105855
the support of any patient or resident in a benevolent institution	105856
under the control of the department of ~~mental health~~mental health	105857
and addiction services or the department of developmental	105858
disabilities accrued prior to January 1, 1956, including the	105859
liability of the patient personally, is hereby canceled, provided	105860
that this section does not abrogate any written agreements or	105861
security arrangement for the payment of support charges entered	105862
into between the state and any patient or liable relative prior to	105863
such date.	105864

Sec. 5121.30. As used in sections 5121.30 to 5121.56 of the	105865
Revised Code:	105866

(A) ~~"Community mental health services client" or "client"~~	105867
~~means a person receiving state-operated community mental health~~	105868
~~services.~~	105869

~~(B)~~ "Countable assets" means all of the following:

105870

(1) Cash;

105871

(2) Bank deposits;

105872

(3) Securities;

105873

(4) Individual retirement accounts;

105874

(5) Qualified employer plans, including 401(k) and Keogh	105875
plans;	105876

(6) Annuities;

105877

(7) Funds in a trust created under section 5815.28 of the	105878
Revised Code;	105879

(8) Investment property and income;

105880

(9) The cash surrender values of life insurance policies;

105881

(10) Assets acquired by gift, bequest, devise, or	105882
inheritance;	105883

(11) Any other asset determined by the department of ~~mental~~	105884
~~health~~mental health and addiction services to be equivalent to	105885
the assets enumerated in this division.	105886

~~(C)~~(B) "Federal poverty level" or "FPL" means the income	105887
level represented by the poverty guidelines as revised annually by	105888
the United States department of health and human services in	105889
accordance with section 673(2) of the "Omnibus Reconciliation Act	105890
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family	105891
size equal to the size of the family of the person whose income is	105892
being determined.	105893

~~(D)~~(C) "Federal poverty guidelines" means the poverty	105894
guidelines as revised annually by the United States department of	105895
health and human services in accordance with section 673(2) of the	105896
"Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	105897
U.S.C. 9902, as amended, for a family size equal to the size of	105898
the family of the person whose income is being determined.	105899

~~(E)~~(D) "Hospital" means an institution, hospital, or other	105900
place established, controlled, or supervised by the department of	105901
~~mental health~~mental health and addiction services under Chapter	105902
5119. of the Revised Code.	105903

~~(F)~~(E) "Liable relative" means all of the following:

105904

(1) A patient's spouse;

105905

(2) A patient's mother or father, or both, if the patient is	105906
under eighteen years of age;	105907

(3) A patient's guardian.

105908

~~(G)~~(F) "Patient" means a person admitted to a hospital for	105909
inpatient care or treatment, including a person transferred to a	105910
hospital from a state correctional institution or a person under	105911
indictment or conviction who has been transferred to a hospital.	105912

Sec. 5121.32. On an annual basis, the department of ~~mental~~	105913
~~health~~mental health and addiction services shall determine both	105914
of the following using generally accepted governmental accounting	105915
principles:	105916

(A) The applicable per diem charge for each hospital operated	105917
by the department;	105918

(B) The ancillary per diem rate for each hospital operated by	105919
the department.	105920

In determining a hospital's applicable per diem charge and	105921
ancillary per diem rate, the department shall consider the average	105922
actual per diem cost of maintaining and treating a patient at the	105923
hospital or, at the department's discretion, the average actual	105924
per diem cost of maintaining and treating a patient in a unit of	105925
the hospital.	105926

Sec. 5121.33. Except as provided in sections 5121.35,	105927
5121.43, 5121.46, 5121.47, 5121.49, and 5121.52 of the Revised	105928
Code, the department of ~~mental health~~mental health and addiction	105929
services shall, for each billing cycle, charge a patient,	105930
patient's estate, or liable relative an amount equal to the sum of	105931
the following:	105932

(A) The applicable per diem charge multiplied by the number	105933
of days the patient was admitted to the hospital;	105934

(B) An amount that was previously billed but not paid.

105935

Sec. 5121.34. (A) A patient, patient's estate, and patient's	105936
liable relatives shall be jointly and severally liable for amounts	105937
charged by the department of ~~mental health~~mental health and	105938
addiction services in accordance with section 5121.33 or 5121.35	105939
of the Revised Code. In no case shall any of the foregoing persons	105940
be liable for more than one hundred per cent of the full sum	105941
charged under section 5121.33 of the Revised Code.	105942

(B) Collections of support payments shall be made by the	105943
department and, subject to meeting prior requirements for payment	105944
and crediting of such collections and other available receipts, in	105945
accordance with the bond proceedings applicable to obligations	105946
issued pursuant to section 154.20 of the Revised Code. The	105947
collections and other available receipts designated by the	105948
director of ~~mental health~~mental health and addiction services for	105949
deposit in the special accounts, together with insurance contract	105950
payments provided for in section 5121.43 of the Revised Code,	105951
shall be remitted to the treasurer of state for deposit in the	105952
state treasury to the credit of the mental health operating fund,	105953
which is hereby created, to be used for the general purposes of	105954
the department. The department shall make refunds of overpayment	105955
of support charges from the mental health operating fund.	105956

Sec. 5121.35. The department of ~~mental health~~mental health	105957
and addiction services shall charge a patient, patient's estate,	105958
or liable relative an amount discounted from the amount the	105959
department charges under section 5121.33 of the Revised Code if	105960
the department determines through the application process	105961
described in section 5121.36 of the Revised Code or through the	105962
financial assessment process described in section 5121.37 of the	105963
Revised Code that the patient, estate, or relative is eligible for	105964
a discount.	105965

Sec. 5121.36. (A) A patient, patient's estate, or liable	105966
relative may apply for a discount by completing an application	105967
form prescribed by the director of ~~mental health~~mental health and	105968
addiction services. The department of ~~mental health~~mental health	105969
and addiction services may require a patient, estate, or relative	105970
to furnish any of the following with an application form:	105971

(1) A copy of the patient's, estate's, or liable relative's	105972
federal income tax return for the year preceding the date of	105973
application or, if that is not yet available, the preceding year;	105974

(2) A copy of the patient's, estate's, or liable relative's	105975
employee tax withholding return (form W-2) for the year preceding	105976
the date of application;	105977

(3) Any other relevant documents prescribed by the director	105978
of ~~mental health~~mental health and addiction services.	105979

(B) To be considered, an application must be submitted to the	105980
department not later than ninety days after the date the patient	105981
is admitted to a hospital.	105982

(C) From the information provided by a patient, estate, or	105983
relative, the department shall determine whether the department	105984
will charge the person a discounted amount in accordance with	105985
sections 5121.40 and 5121.41 of the Revised Code. In making this	105986
determination, the department shall consider whether the patient	105987
is covered by an insurance policy or other contract that provides	105988
for payment of expenses and treatment for mental illness. If the	105989
department determines that the patient has coverage, the	105990
department shall require payment in accordance with section	105991
5121.43 of the Revised Code.	105992

(D) The department shall notify the patient, executor or	105993
administrator of the patient's estate, or liable relative who	105994
submitted the application form in writing regarding whether that	105995
person will be charged a discounted amount and the per diem rate	105996
to be charged.	105997

(E) In accordance with section 5121.42 of the Revised Code,	105998
the department may, at any time, modify an amount charged or	105999
change the per diem rate to be charged if the department learns of	106000
countable assets or income that was not previously disclosed or	106001
was acquired after the application form was submitted. Within a	106002
reasonable time, the department shall notify in writing any person	106003
affected by a modification or change.	106004

Sec. 5121.37. After a patient's admittance to a hospital, the	106005
department of ~~mental health~~mental health and addiction services	106006
shall conduct a financial assessment to determine whether the	106007
patient, patient's estate, or liable relative will be charged an	106008
amount discounted from the amount the department charges under	106009
section 5121.33 of the Revised Code. The department shall make the	106010
determination in accordance with sections 5121.40 and 5121.41 of	106011
the Revised Code.	106012

If a discounted rate is to be charged, the department shall	106013
notify the person whose financial condition was assessed. The	106014
notice shall specify the per diem rate to be charged.	106015

In accordance with section 5121.42 of the Revised Code, the	106016
department may, at any time, modify an amount charged or change	106017
the per diem rate to be charged if the department learns of	106018
countable assets or income that was not previously disclosed or	106019
was acquired after the assessment was conducted. Within a	106020
reasonable time, the department shall notify in writing any person	106021
affected by a modification or change.	106022

Sec. 5121.38. The department of ~~mental health~~mental health	106023
and addiction services may subpoena witnesses, take testimony	106024
under oath, and examine any public records relating to the income	106025
and other assets of a patient or of a relative liable for such	106026
patient's support. All information, conclusions, and	106027
recommendations shall be submitted to the department by the	106028
investigating agent of the department.	106029

Sec. 5121.40. (A) A patient, patient's estate, or liable	106030
relative may be eligible to be charged an amount discounted from	106031
the amount the department of ~~mental health~~mental health and	106032
addiction services charges under section 5121.33 of the Revised	106033
Code if the patient, estate, or relative has countable assets with	106034
a total value that is not greater than an amount equal to fifty	106035
per cent of the difference between the following:	106036

(1) The gross annual income that corresponds with a family	106037
size of two persons at one hundred per cent of the federal poverty	106038
level for the state;	106039

(2) The gross annual income that corresponds with a family	106040
size of one person at one hundred per cent of the federal poverty	106041
level for the state. For purposes of determining family size, the	106042
patient is one dependent. One additional dependent shall be	106043
included for each of the following circumstances and persons:	106044

(a) The patient or liable relative is legally blind or deaf.

106045

(b) The patient or liable relative is of sixty-five years of	106046
age or older.	106047

(c) Each child under eighteen years of age for which the	106048
patient or liable relative has legal custody;	106049

(d) The patient's or liable relative's spouse.

106050

(B) A patient, estate, or relative may, not later than ninety	106051
days after the patient's admission to a hospital, surrender the	106052
value of countable assets sufficient to reduce countable assets to	106053
not more than the limit described in division (A) of this section.	106054

Sec. 5121.42. (A) Except as provided in division (B) of this	106055
section, a patient, patient's estate, or liable relative shall	106056
cease to be eligible for a discount under ~~sections~~section 5121.36	106057
or 5121.37 of the Revised Code on accumulation of countable assets	106058
in excess of an amount equal to fifty per cent of the difference	106059
between the following:	106060

(1) The gross annual income that corresponds with a family	106061
size of two persons at one hundred per cent of the federal poverty	106062
level for the state;	106063

(2) The gross annual income that corresponds with a family	106064
size of one person at one hundred per cent of the federal poverty	106065
level for the state.	106066

(B) Money needed to meet the patient's needs and burial fund	106067
as determined by a needs assessment conducted by the department of	106068
~~mental health~~mental health and addiction services pursuant to	106069
rules adopted under section ~~5119.01~~5119.10 of the Revised Code	106070
shall be excluded from any determination the department makes	106071
under division (A) of this section.	106072

Sec. 5121.43. If a patient is covered by an insurance policy	106073
or other contract that provides for payment of expenses for care	106074
and treatment for mental illness at or from a hospital under the	106075
jurisdiction of the department of ~~mental health~~mental health and	106076
addiction services, sections 5121.33 to 5121.55 of the Revised	106077
Code are inapplicable to the extent that the policy or contract is	106078
in force. Any insurance carrier or other third party payor	106079
providing coverage for such care and treatment shall pay for the	106080
patient's support obligation in amounts equal to the lesser of	106081
amounts charged by the department under section 5121.33 of the	106082
Revised Code or the benefits provided under the policy or other	106083
contract. Whether or not an insured, owner of, or other person	106084
having an interest in such policy or other contract is liable for	106085
support payments, the insured, policy owner, or other person shall	106086
assign payment directly to the department of all assignable	106087
benefits under the policy or other contract and shall pay to the	106088
department, within ten days of receipt, all insurance or other	106089
benefits received as reimbursement or payment for expenses	106090
incurred by the patient or for any other reason. If the insured,	106091
policy owner, or other person refuses to assign payment to the	106092
department or refuses to pay received reimbursements or payments	106093
to the department within ten days of receipt, the total liability	106094
of the insured, policy owner, or other person for the services is	106095
an amount equal to the per diem charge for the hospital where the	106096
patient was admitted multiplied by the number of days the patient	106097
was admitted.	106098

In no event shall this total liability exceed the	106099
department's actual cost of providing care and treatment to a	106100
patient. The department may disqualify patients and liable	106101
relatives who have retained third party funds from future	106102
discounts. The department may request that the attorney general	106103
petition a court of competent jurisdiction to compel the insured,	106104
owner of, or other person having an interest in the policy or	106105
contract to comply with the assignment requirements in this	106106
section.	106107

Sec. 5121.44. The department of ~~mental health~~mental health	106108
and addiction services may enter into an extended payment	106109
agreement with a patient, patient's estate, or liable relative who	106110
has notified the department that the patient, estate, or relative	106111
cannot reasonably pay an amount the department has charged. In no	106112
case shall the department take a security interest, mortgage, or	106113
lien against the principal family residence of a patient or liable	106114
relative.	106115

Sec. 5121.45. (A) For purposes of this section, "delinquent	106116
payment" means an amount owed by a patient, patient's estate, or	106117
liable relative to the department of ~~mental health~~mental health	106118
and addiction services for which the person has failed to do	106119
either of the following not later than ninety days after the	106120
service associated with the charge was incurred:	106121

(1) Make payment in full;

106122

(2) Make a payment in accordance with the terms of an	106123
agreement entered into under section 5121.44 of the Revised Code.	106124

(B) An action to enforce the collection of a delinquent	106125
payment shall be commenced not later than six years after the	106126
later of the following:	106127

(1) The last date the department received money to satisfy	106128
the delinquent payment;	106129

(2) The date the charge was due.

106130

(C) In all actions to enforce the collection of delinquent	106131
payments, a court of record shall receive into evidence the proof	106132
of claim document made by the state together with all debts and	106133
credits. The proof of claim document shall be prima-facie evidence	106134
of the facts stated in the document.	106135

Sec. 5121.46. The department of ~~mental health~~mental health	106136
and addiction services shall not charge a liable relative under	106137
sections 5121.33 and 5121.35 of the Revised Code who has done	106138
either of the following:	106139

(A) Paid all amounts charged by the department for the care	106140
and treatment of a particular patient for fifteen consecutive	106141
years;	106142

(B) Paid amounts charged by the department for the care and	106143
treatment of more than one patient for a total of fifteen	106144
consecutive years.	106145

Sec. 5121.47. Irrespective of the number of patients for	106146
which the department of ~~mental health~~mental health and addiction	106147
services may charge a liable relative under sections 5121.33 or	106148
and 5121.35 of the Revised Code, the department shall not charge a	106149
liable relative or group of liable relatives who are members of	106150
the same family unit for the support of more than one patient	106151
during the same period of time.	106152

Sec. 5121.49. (A) Any person who has been charged under	106153
section 5121.33 or 5121.35 of the Revised Code may petition the	106154
department of ~~mental health~~mental health and addiction services	106155
to do the following:	106156

(1) Release the person from a charge;

106157

(2) Modify or cancel a charge.

106158

(B) The department shall respond to a petition in writing and	106159
inform the petitioner of whether a release, modification, or	106160
cancellation has been approved.	106161

Sec. 5121.50. When a patient is committed to a hospital	106162
pursuant to judicial proceedings, the judge ordering the	106163
commitment shall:	106164

(A) Make a reliable report on the financial condition of the	106165
patient and of each liable relative, as provided in rules adopted	106166
by the director of ~~mental health~~mental health and addiction	106167
services;	106168

(B) Certify the report required under division (A) of this	106169
section to the managing officer of the hospital. The managing	106170
officer shall thereupon enter in the managing officer's records	106171
the name and address of any guardian appointed and of any relative	106172
liable for the patient's support.	106173

Sec. 5121.51. In case the estate of any patient in a	106174
hospital is sufficient for the patient's support and no guardian	106175
has been appointed for such estate, the agent of the department of	106176
~~mental health~~mental health and addiction services shall petition	106177
the probate court of the proper county to appoint a guardian.	106178

Sec. 5121.52. On the death of a person who is a patient, or	106179
has been a patient in a hospital, or on the death of a person	106180
responsible under section 5121.34 of the Revised Code for the	106181
support of a patient, the department of ~~mental health~~mental	106182
health and addiction services may waive the presentation of any	106183
claim for support against the estate of such decedent, when in its	106184
judgment an otherwise dependent person will be directly benefited	106185
by the estate. Claims against an estate for support of a patient	106186
are subject to section 5815.28 and Chapter 2117. of the Revised	106187
Code, and shall be treated, and may be barred, the same as the	106188
claims of other creditors of the estate, pursuant to that section	106189
or chapter.	106190

The department of ~~mental health~~mental health and addiction	106191
services may accept from a guardian or trustee of a patient a	106192
contract agreeing to pay to the state from the property of the	106193
guardian's or trustee's ward before or at the death of the ward a	106194
fixed annual amount for the support of the ward while the ward is	106195
a patient, with interest at four per cent per annum. A copy of the	106196
contract shall be filed in the probate court of the proper county	106197
and duly entered as a part of the records concerning the ward.	106198

Sec. 5121.55. The cost for support of a client of	106199
state-operated community mental health services is an amount	106200
determined using guidelines the department of ~~mental health~~mental	106201
health and addiction services shall issue. The guidelines shall be	106202
based on cost findings and rate-settings applicable to such	106203
services.	106204

Sec. 5122.01. As used in this chapter and Chapter 5119. of	106205
the Revised Code:	106206

(A) "Mental illness" means a substantial disorder of thought,	106207
mood, perception, orientation, or memory that grossly impairs	106208
judgment, behavior, capacity to recognize reality, or ability to	106209
meet the ordinary demands of life.	106210

(B) "Mentally ill person subject to hospitalization by court	106211
order" means a mentally ill person who, because of the person's	106212
illness:	106213

(1) Represents a substantial risk of physical harm to self as	106214
manifested by evidence of threats of, or attempts at, suicide or	106215
serious self-inflicted bodily harm;	106216

(2) Represents a substantial risk of physical harm to others	106217
as manifested by evidence of recent homicidal or other violent	106218
behavior, evidence of recent threats that place another in	106219
reasonable fear of violent behavior and serious physical harm, or	106220
other evidence of present dangerousness;	106221

(3) Represents a substantial and immediate risk of serious	106222
physical impairment or injury to self as manifested by evidence	106223
that the person is unable to provide for and is not providing for	106224
the person's basic physical needs because of the person's mental	106225
illness and that appropriate provision for those needs cannot be	106226
made immediately available in the community; or	106227

(4) Would benefit from treatment in a hospital for the	106228
person's mental illness and is in need of such treatment as	106229
manifested by evidence of behavior that creates a grave and	106230
imminent risk to substantial rights of others or the person.	106231

(C)(1) "Patient" means, subject to division (C)(2) of this	106232
section, a person who is admitted either voluntarily or	106233
involuntarily to a hospital or other place under section 2945.39,	106234
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	106235
finding of not guilty by reason of insanity or incompetence to	106236
stand trial or under this chapter, who is under observation or	106237
receiving treatment in such place.	106238

(2) "Patient" does not include a person admitted to a	106239
hospital or other place under section 2945.39, 2945.40, 2945.401,	106240
or 2945.402 of the Revised Code to the extent that the reference	106241
in this chapter to patient, or the context in which the reference	106242
occurs, is in conflict with any provision of sections 2945.37 to	106243
2945.402 of the Revised Code.	106244

(D) "Licensed physician" means a person licensed under the	106245
laws of this state to practice medicine or a medical officer of	106246
the government of the United States while in this state in the	106247
performance of the person's official duties.	106248

(E) "Psychiatrist" means a licensed physician who has	106249
satisfactorily completed a residency training program in	106250
psychiatry, as approved by the residency review committee of the	106251
American medical association, the committee on post-graduate	106252
education of the American osteopathic association, or the American	106253
osteopathic board of neurology and psychiatry, or who on July 1,	106254
1989, has been recognized as a psychiatrist by the Ohio state	106255
medical association or the Ohio osteopathic association on the	106256
basis of formal training and five or more years of medical	106257
practice limited to psychiatry.	106258

(F) "Hospital" means a hospital or inpatient unit licensed by	106259
the department of ~~mental health~~mental health and addiction	106260
services under section ~~5119.20~~5119.33 of the Revised Code, and	106261
any institution, hospital, or other place established, controlled,	106262
or supervised by the department under Chapter 5119. of the Revised	106263
Code.	106264

(G) "Public hospital" means a facility that is tax-supported	106265
and under the jurisdiction of the department of ~~mental health~~	106266
mental health and addiction services.	106267

(H) "Community mental health ~~agency~~services provider" means	106268
an agency, association, corporation, individual, or program that	106269
provides community mental health services that are certified by	106270
the director of ~~mental health~~mental health and addiction services	106271
under section ~~5119.611~~5119.36 of the Revised Code.	106272

(I) "Licensed clinical psychologist" means a person who holds	106273
a current valid psychologist license issued under section 4732.12	106274
or 4732.15 of the Revised Code, and in addition, meets either of	106275
the following criteria:	106276

(1) Meets the educational requirements set forth in division	106277
(B) of section 4732.10 of the Revised Code and has a minimum of	106278
two years' full-time professional experience, or the equivalent as	106279
determined by rule of the state board of psychology, at least one	106280
year of which shall be a predoctoral internship, in clinical	106281
psychological work in a public or private hospital or clinic or in	106282
private practice, diagnosing and treating problems of mental	106283
illness or mental retardation under the supervision of a	106284
psychologist who is licensed or who holds a diploma issued by the	106285
American board of professional psychology, or whose qualifications	106286
are substantially similar to those required for licensure by the	106287
state board of psychology when the supervision has occurred prior	106288
to enactment of laws governing the practice of psychology;	106289

(2) Meets the educational requirements set forth in division	106290
(B) of section 4732.15 of the Revised Code and has a minimum of	106291
four years' full-time professional experience, or the equivalent	106292
as determined by rule of the state board of psychology, in	106293
clinical psychological work in a public or private hospital or	106294
clinic or in private practice, diagnosing and treating problems of	106295
mental illness or mental retardation under supervision, as set	106296
forth in division (I)(1) of this section.	106297

(J) "Health officer" means any public health physician;	106298
public health nurse; or other person authorized by or designated	106299
by a city health district; a general health district; or a board	106300
of alcohol, drug addiction, and mental health services to perform	106301
the duties of a health officer under this chapter.	106302

(K) "Chief clinical officer" means the medical director of a	106303
hospital, or a community mental health ~~agency~~services provider,	106304
or a board of alcohol, drug addiction, and mental health services,	106305
or, if there is no medical director, the licensed physician	106306
responsible for the treatment a hospital or community mental	106307
health ~~agency~~services provider provides. The chief clinical	106308
officer may delegate to the attending physician responsible for a	106309
patient's care the duties imposed on the chief clinical officer by	106310
this chapter. Within a community mental health ~~agency~~services	106311
provider, the chief clinical officer shall be designated by the	106312
governing body of the ~~agency~~services provider and shall be a	106313
licensed physician or licensed clinical psychologist who	106314
supervises diagnostic and treatment services. A licensed physician	106315
or licensed clinical psychologist designated by the chief clinical	106316
officer may perform the duties and accept the responsibilities of	106317
the chief clinical officer in the chief clinical officer's	106318
absence.	106319

(L) "Working day" or "court day" means Monday, Tuesday,	106320
Wednesday, Thursday, and Friday, except when such day is a	106321
holiday.	106322

(M) "Indigent" means unable without deprivation of	106323
satisfaction of basic needs to provide for the payment of an	106324
attorney and other necessary expenses of legal representation,	106325
including expert testimony.	106326

(N) "Respondent" means the person whose detention,	106327
commitment, hospitalization, continued hospitalization or	106328
commitment, or discharge is being sought in any proceeding under	106329
this chapter.	106330

(O) "Ohio protection and advocacy system" has the same	106331
meaning as in section 5123.60 of the Revised Code.	106332

(P) "Independent expert evaluation" means an evaluation	106333
conducted by a licensed clinical psychologist, psychiatrist, or	106334
licensed physician who has been selected by the respondent or the	106335
respondent's counsel and who consents to conducting the	106336
evaluation.	106337

(Q) "Court" means the probate division of the court of common	106338
pleas.	106339

(R) "Expunge" means:

106340

(1) The removal and destruction of court files and records,	106341
originals and copies, and the deletion of all index references;	106342

(2) The reporting to the person of the nature and extent of	106343
any information about the person transmitted to any other person	106344
by the court;	106345

(3) Otherwise insuring that any examination of court files	106346
and records in question shall show no record whatever with respect	106347
to the person;	106348

(4) That all rights and privileges are restored, and that the	106349
person, the court, and any other person may properly reply that no	106350
such record exists, as to any matter expunged.	106351

(S) "Residence" means a person's physical presence in a	106352
county with intent to remain there, except that:	106353

(1) If a person is receiving a mental health service at a	106354
facility that includes nighttime sleeping accommodations,	106355
residence means that county in which the person maintained the	106356
person's primary place of residence at the time the person entered	106357
the facility;	106358

(2) If a person is committed pursuant to section 2945.38,	106359
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	106360
residence means the county where the criminal charges were filed.	106361

When the residence of a person is disputed, the matter of	106362
residence shall be referred to the department of ~~mental health~~	106363
mental health and addiction services for investigation and	106364
determination. Residence shall not be a basis for a board's	106365
denying services to any person present in the board's service	106366
district, and the board shall provide services for a person whose	106367
residence is in dispute while residence is being determined and	106368
for a person in an emergency situation.	106369

(T) "Admission" to a hospital or other place means that a	106370
patient is accepted for and stays at least one night at the	106371
hospital or other place.	106372

(U) "Prosecutor" means the prosecuting attorney, village	106373
solicitor, city director of law, or similar chief legal officer	106374
who prosecuted a criminal case in which a person was found not	106375
guilty by reason of insanity, who would have had the authority to	106376
prosecute a criminal case against a person if the person had not	106377
been found incompetent to stand trial, or who prosecuted a case in	106378
which a person was found guilty.	106379

(V) "Treatment plan" means a written statement of reasonable	106380
objectives and goals for an individual established by the	106381
treatment team, with specific criteria to evaluate progress	106382
towards achieving those objectives. The active participation of	106383
the patient in establishing the objectives and goals shall be	106384
documented. The treatment plan shall be based on patient needs and	106385
include services to be provided to the patient while the patient	106386
is hospitalized and after the patient is discharged. The treatment	106387
plan shall address services to be provided upon discharge,	106388
including but not limited to housing, financial, and vocational	106389
services.	106390

(W) "Community control sanction" has the same meaning as in	106391
section 2929.01 of the Revised Code.	106392

(X) "Post-release control sanction" has the same meaning as	106393
in section 2967.01 of the Revised Code.	106394

Sec. 5122.03. A patient admitted under section 5122.02 of	106395
the Revised Code who requests release in writing, or whose release	106396
is requested in writing by the patient's counsel, legal guardian,	106397
parent, spouse, or adult next of kin shall be released forthwith,	106398
except that when:	106399

(A) The patient was admitted on the patient's own application	106400
and the request for release is made by a person other than the	106401
patient, release may be conditional upon the agreement of the	106402
patient; or	106403

(B) The chief clinical officer of the hospital, within three	106404
court days from the receipt of the request for release, files or	106405
causes to be filed with the court of the county where the patient	106406
is hospitalized or of the county where the patient is a resident,	106407
an affidavit under section 5122.11 of the Revised Code. Release	106408
may be postponed until the hearing held under section 5122.141 of	106409
the Revised Code. A telephone communication within three court	106410
days from the receipt of the request for release from the chief	106411
clinical officer to the court, indicating that the required	106412
affidavit has been mailed, is sufficient compliance with the time	106413
limit for filing such affidavit.	106414

Unless the patient is released within three days from the	106415
receipt of the request by the chief clinical officer, the request	106416
shall serve as a request for an initial hearing under section	106417
5122.141 of the Revised Code. If the court finds that the patient	106418
is a mentally ill person subject to hospitalization by court	106419
order, all provisions of this chapter with respect to involuntary	106420
hospitalization apply to such person.	106421

Judicial proceedings for hospitalization shall not be	106422
commenced with respect to a voluntary patient except pursuant to	106423
this section.	106424

Sections 5121.30 to 5121.56 of the Revised Code apply to	106425
persons received in a hospital operated by the department of	106426
~~mental health~~mental health and addiction services on a voluntary	106427
application.	106428

The chief clinical officer of the hospital shall provide	106429
reasonable means and arrangements for informing patients of their	106430
rights to release as provided in this section and for assisting	106431
them in making and presenting requests for release or for a	106432
hearing under section 5122.141 of the Revised Code.	106433

Before a patient is released from a public hospital, the	106434
chief clinical officer shall, when possible, notify the board of	106435
the patient's county of residence of the patient's pending release	106436
after the chief clinical officer has informed the patient that the	106437
board will be so notified.	106438

Sec. 5122.10. Any psychiatrist, licensed clinical	106439
psychologist, licensed physician, health officer, parole officer,	106440
police officer, or sheriff may take a person into custody, or the	106441
chief of the adult parole authority or a parole or probation	106442
officer with the approval of the chief of the authority may take a	106443
parolee, an offender under a community control sanction or a	106444
post-release control sanction, or an offender under transitional	106445
control into custody and may immediately transport the parolee,	106446
offender on community control or post-release control, or offender	106447
under transitional control to a hospital or, notwithstanding	106448
section ~~5119.20~~5119.33 of the Revised Code, to a general hospital	106449
not licensed by the department of ~~mental health~~mental health and	106450
addiction services where the parolee, offender on community	106451
control or post-release control, or offender under transitional	106452
control may be held for the period prescribed in this section, if	106453
the psychiatrist, licensed clinical psychologist, licensed	106454
physician, health officer, parole officer, police officer, or	106455
sheriff has reason to believe that the person is a mentally ill	106456
person subject to hospitalization by court order under division	106457
(B) of section 5122.01 of the Revised Code, and represents a	106458
substantial risk of physical harm to self or others if allowed to	106459
remain at liberty pending examination.	106460

A written statement shall be given to such hospital by the	106461
transporting psychiatrist, licensed clinical psychologist,	106462
licensed physician, health officer, parole officer, police	106463
officer, chief of the adult parole authority, parole or probation	106464
officer, or sheriff stating the circumstances under which such	106465
person was taken into custody and the reasons for the	106466
psychiatrist's, licensed clinical psychologist's, licensed	106467
physician's, health officer's, parole officer's, police officer's,	106468
chief of the adult parole authority's, parole or probation	106469
officer's, or sheriff's belief. This statement shall be made	106470
available to the respondent or the respondent's attorney upon	106471
request of either.	106472

Every reasonable and appropriate effort shall be made to take	106473
persons into custody in the least conspicuous manner possible. A	106474
person taking the respondent into custody pursuant to this section	106475
shall explain to the respondent: the name,and professional	106476
designation, and ~~agency~~ affiliation of the person taking the	106477
respondent into custody; that the custody-taking is not a criminal	106478
arrest; and that the person is being taken for examination by	106479
mental health professionals at a specified mental health facility	106480
identified by name.	106481

If a person taken into custody under this section is	106482
transported to a general hospital, the general hospital may admit	106483
the person, or provide care and treatment for the person, or both,	106484
notwithstanding section ~~5119.20~~5119.33 of the Revised Code, but	106485
by the end of twenty-four hours after arrival at the general	106486
hospital, the person shall be transferred to a hospital as defined	106487
in section 5122.01 of the Revised Code.	106488

A person transported or transferred to a hospital or	106489
community mental health ~~agency~~services provider under this	106490
section shall be examined by the staff of the hospital or ~~agency~~	106491
services provider within twenty-four hours after arrival at the	106492
hospital or ~~agency~~services provider. If to conduct the	106493
examination requires that the person remain overnight, the	106494
hospital or ~~agency~~services provider shall admit the person in an	106495
unclassified status until making a disposition under this section.	106496
After the examination, if the chief clinical officer of the	106497
hospital or ~~agency~~services provider believes that the person is	106498
not a mentally ill person subject to hospitalization by court	106499
order, the chief clinical officer shall release or discharge the	106500
person immediately unless a court has issued a temporary order of	106501
detention applicable to the person under section 5122.11 of the	106502
Revised Code. After the examination, if the chief clinical officer	106503
believes that the person is a mentally ill person subject to	106504
hospitalization by court order, the chief clinical officer may	106505
detain the person for not more than three court days following the	106506
day of the examination and during such period admit the person as	106507
a voluntary patient under section 5122.02 of the Revised Code or	106508
file an affidavit under section 5122.11 of the Revised Code. If	106509
neither action is taken and a court has not otherwise issued a	106510
temporary order of detention applicable to the person under	106511
section 5122.11 of the Revised Code, the chief clinical officer	106512
shall discharge the person at the end of the three-day period	106513
unless the person has been sentenced to the department of	106514
rehabilitation and correction and has not been released from the	106515
person's sentence, in which case the person shall be returned to	106516
that department.	106517

Sec. 5122.11. Proceedings for the hospitalization of a	106518
person pursuant to sections 5122.11 to 5122.15 of the Revised Code	106519
shall be commenced by the filing of an affidavit in the manner and	106520
form prescribed by the department of ~~mental health~~mental health	106521
and addiction services, by any person or persons with the court,	106522
either on reliable information or actual knowledge, whichever is	106523
determined to be proper by the court. This section does not apply	106524
to the hospitalization of a person pursuant to section 2945.39,	106525
2945.40, 2945.401, or 2945.402 of the Revised Code.	106526

The affidavit shall contain an allegation setting forth the	106527
specific category or categories under division (B) of section	106528
5122.01 of the Revised Code upon which the jurisdiction of the	106529
court is based and a statement of alleged facts sufficient to	106530
indicate probable cause to believe that the person is a mentally	106531
ill person subject to hospitalization by court order. The	106532
affidavit may be accompanied, or the court may require that the	106533
affidavit be accompanied, by a certificate of a psychiatrist, or a	106534
certificate signed by a licensed clinical psychologist and a	106535
certificate signed by a licensed physician stating that the person	106536
who issued the certificate has examined the person and is of the	106537
opinion that the person is a mentally ill person subject to	106538
hospitalization by court order, or shall be accompanied by a	106539
written statement by the applicant, under oath, that the person	106540
has refused to submit to an examination by a psychiatrist, or by a	106541
licensed clinical psychologist and licensed physician.	106542

Upon receipt of the affidavit, if a judge of the court or a	106543
referee who is an attorney at law appointed by the court has	106544
probable cause to believe that the person named in the affidavit	106545
is a mentally ill person subject to hospitalization by court	106546
order, the judge or referee may issue a temporary order of	106547
detention ordering any health or police officer or sheriff to take	106548
into custody and transport the person to a hospital or other place	106549
designated in section 5122.17 of the Revised Code, or may set the	106550
matter for further hearing.	106551

The person may be observed and treated until the hearing	106552
provided for in section 5122.141 of the Revised Code. If no such	106553
hearing is held, the person may be observed and treated until the	106554
hearing provided for in section 5122.15 of the Revised Code.	106555

Sec. 5122.12. After receipt of the affidavit required by	106556
section 5122.11 of the Revised Code, the court shall cause written	106557
notice by mail or otherwise of any hearing as the court directs to	106558
be given to the following persons:	106559

(A) The respondent;

106560

(B) The respondent's legal guardian, if any, the respondent's	106561
spouse, if any, and the respondent's parents, if the respondent is	106562
a minor, if these persons' addresses are known to the court or can	106563
be obtained through exercise of reasonable diligence;	106564

106565

(D) Any one person designated by the respondent; but if the	106566
respondent does not make a selection, the notice shall be sent to	106567
the adult next of kin other than the person who filed the	106568
affidavit if that person's address is known to the court or can be	106569
obtained through exercise of reasonable diligence;	106570

(E) The respondent's counsel;

106571

(F) The director, chief clinical officer, or the respective	106572
designee of the hospital, board, ~~agency~~community mental health	106573
services provider, or facility to which the person has been	106574
committed;	106575

(G) The board of alcohol, drug addiction, and mental health	106576
services serving the respondent's county of residence or ~~an agency~~	106577
a services provider the board designates.	106578

Any person entitled to notice under this section, with the	106579
exception of the respondent, may waive the notice.	106580

A copy of the affidavit and temporary order of detention	106581
shall be served with the notice to the parties and to respondent's	106582
counsel, if counsel has been appointed or retained.	106583

Sec. 5122.13. Upon receipt of the affidavit required by	106584
section 5122.11 of the Revised Code, the court shall refer the	106585
affidavit to the board of alcohol, drug addiction, and mental	106586
health services or ~~an agency~~community mental health services	106587
provider the board designates to assist the court in determining	106588
whether the respondent is subject to hospitalization and whether	106589
alternative services are available, unless the ~~agency~~services	106590
provider or board has already performed such screening. The board	106591
or ~~agency~~services provider shall review the allegations of the	106592
affidavit and other information relating to whether or not the	106593
person named in the affidavit or statement is a mentally ill	106594
person subject to hospitalization by court order, and the	106595
availability of appropriate treatment alternatives.	106596

The person who conducts the investigation shall promptly make	106597
a report to the court, in writing, in open court or in chambers,	106598
as directed by the court and a full record of the report shall be	106599
made by the court. The report is not admissible as evidence for	106600
the purpose of establishing whether or not the respondent is a	106601
mentally ill person subject to hospitalization by court order, but	106602
shall be considered by the court in its determination of an	106603
appropriate placement for any person after that person is found to	106604
be a mentally ill person subject to hospitalization.	106605

The court, prior to the hearing under section 5122.141 of the	106606
Revised Code, shall release a copy of the investigative report to	106607
the respondent's counsel.	106608

Nothing in this section precludes a judge or referee from	106609
issuing a temporary order of detention pursuant to section 5122.11	106610
of the Revised Code.	106611

Sec. 5122.15. (A) Full hearings shall be conducted in a	106612
manner consistent with this chapter and with due process of law.	106613
The hearings shall be conducted by a judge of the probate court or	106614
a referee designated by a judge of the probate court and may be	106615
conducted in or out of the county in which the respondent is held.	106616
Any referee designated under this division shall be an attorney.	106617

(1) With the consent of the respondent, the following shall	106618
be made available to counsel for the respondent:	106619

(a) All relevant documents, information, and evidence in the	106620
custody or control of the state or prosecutor;	106621

(b) All relevant documents, information, and evidence in the	106622
custody or control of the hospital in which the respondent	106623
currently is held, or in which the respondent has been held	106624
pursuant to this chapter;	106625

(c) All relevant documents, information, and evidence in the	106626
custody or control of any hospital, facility, or person not	106627
included in division (A)(1)(a) or (b) of this section.	106628

(2) The respondent has the right to attend the hearing and to	106629
be represented by counsel of the respondent's choice. The right to	106630
attend the hearing may be waived only by the respondent or counsel	106631
for the respondent after consultation with the respondent.	106632

(3) If the respondent is not represented by counsel, is	106633
absent from the hearing, and has not validly waived the right to	106634
counsel, the court shall appoint counsel immediately to represent	106635
the respondent at the hearing, reserving the right to tax costs of	106636
appointed counsel to the respondent, unless it is shown that the	106637
respondent is indigent. If the court appoints counsel, or if the	106638
court determines that the evidence relevant to the respondent's	106639
absence does not justify the absence, the court shall continue the	106640
case.	106641

(4) The respondent shall be informed that the respondent may	106642
retain counsel and have independent expert evaluation. If the	106643
respondent is unable to obtain an attorney, the respondent shall	106644
be represented by court-appointed counsel. If the respondent is	106645
indigent, court-appointed counsel and independent expert	106646
evaluation shall be provided as an expense under section 5122.43	106647
of the Revised Code.	106648

(5) The hearing shall be closed to the public, unless counsel	106649
for the respondent, with the permission of the respondent,	106650
requests that the hearing be open to the public.	106651

(6) If the hearing is closed to the public, the court, for	106652
good cause shown, may admit persons who have a legitimate interest	106653
in the proceedings. If the respondent, the respondent's counsel,	106654
or the designee of the director or of the chief clinical officer	106655
objects to the admission of any person, the court shall hear the	106656
objection and any opposing argument and shall rule upon the	106657
admission of the person to the hearing.	106658

(7) The affiant under section 5122.11 of the Revised Code	106659
shall be subject to subpoena by either party.	106660

(8) The court shall examine the sufficiency of all documents	106661
filed and shall inform the respondent, if present, and the	106662
respondent's counsel of the nature and content of the documents	106663
and the reason for which the respondent is being detained, or for	106664
which the respondent's placement is being sought.	106665

(9) The court shall receive only reliable, competent, and	106666
material evidence.	106667

(10) Unless proceedings are initiated pursuant to section	106668
5120.17 or 5139.08 of the Revised Code ~~or proceedings are~~	106669
~~initiated regarding a resident of the service district of a board~~	106670
~~of alcohol, drug addiction, and mental health services that elects~~	106671
~~under division (C)(2) of section 5119.62 of the Revised Code not~~	106672
~~to accept the amount allocated to it under that section~~, an	106673
attorney that the board designates shall present the case	106674
demonstrating that the respondent is a mentally ill person subject	106675
to hospitalization by court order. The attorney shall offer	106676
evidence of the diagnosis, prognosis, record of treatment, if any,	106677
and less restrictive treatment plans, if any. In proceedings	106678
pursuant to section 5120.17 or 5139.08 of the Revised Code ~~and in~~	106679
~~proceedings in which the respondent is a resident of a service~~	106680
~~district of a board that elects under division (C)(2) of section~~	106681
~~5119.62 of the Revised Code not to accept the amount allocated to~~	106682
~~it under that section~~, the attorney general shall designate an	106683
attorney who shall present the case demonstrating that the	106684
respondent is a mentally ill person subject to hospitalization by	106685
court order. The attorney shall offer evidence of the diagnosis,	106686
prognosis, record of treatment, if any, and less restrictive	106687
treatment plans, if any.	106688

(11) The respondent or the respondent's counsel has the right	106689
to subpoena witnesses and documents and to examine and	106690
cross-examine witnesses.	106691

(12) The respondent has the right, but shall not be	106692
compelled, to testify, and shall be so advised by the court.	106693

(13) On motion of the respondent or the respondent's counsel	106694
for good cause shown, or on the court's own motion, the court may	106695
order a continuance of the hearing.	106696

(14) If the respondent is represented by counsel and the	106697
respondent's counsel requests a transcript and record, or if the	106698
respondent is not represented by counsel, the court shall make and	106699
maintain a full transcript and record of the proceeding. If the	106700
respondent is indigent and the transcript and record is made, a	106701
copy shall be provided to the respondent upon request and be	106702
treated as an expense under section 5122.43 of the Revised Code.	106703

(15) To the extent not inconsistent with this chapter, the	106704
Rules of Civil Procedure are applicable.	106705

(B) Unless, upon completion of the hearing the court finds by	106706
clear and convincing evidence that the respondent is a mentally	106707
ill person subject to hospitalization by court order, it shall	106708
order the respondent's discharge immediately.	106709

(C) If, upon completion of the hearing, the court finds by	106710
clear and convincing evidence that the respondent is a mentally	106711
ill person subject to hospitalization by court order, the court	106712
shall order the respondent for a period not to exceed ninety days	106713
to any of the following:	106714

(1) A hospital operated by the department of ~~mental health~~	106715
mental health and addiction services if the respondent is	106716
committed pursuant to section 5139.08 of the Revised Code;	106717

(2) A nonpublic hospital;

106718

(3) The veterans' administration or other agency of the	106719
United States government;	106720

(4) A board of alcohol, drug addiction, and mental health	106721
services or ~~agency~~services provider the board designates;	106722

(5) Receive private psychiatric or psychological care and	106723
treatment;	106724

(6) Any other suitable facility or person consistent with the	106725
diagnosis, prognosis, and treatment needs of the respondent.	106726

(D) Any order made pursuant to division (C)(2), (3), (5), or	106727
(6) of this section shall be conditioned upon the receipt by the	106728
court of consent by the hospital, facility, agency, or person to	106729
accept the respondent.	106730

(E) In determining the place to which, or the person with	106731
whom, the respondent is to be committed, the court shall consider	106732
the diagnosis, prognosis, preferences of the respondent and the	106733
projected treatment plan for the respondent and shall order the	106734
implementation of the least restrictive alternative available and	106735
consistent with treatment goals. If the court determines that the	106736
least restrictive alternative available that is consistent with	106737
treatment goals is inpatient hospitalization, the court's order	106738
shall so state.	106739

(F) During such ninety-day period the hospital; facility;	106740
board of alcohol, drug addiction, and mental health services;	106741
~~agency~~services provider the board designates; or person shall	106742
examine and treat the individual. If, at any time prior to the	106743
expiration of the ninety-day period, it is determined by the	106744
hospital, facility, board, ~~agency~~services provider, or person	106745
that the respondent's treatment needs could be equally well met in	106746
an available and appropriate less restrictive environment, both of	106747
the following apply:	106748

(1) The respondent shall be released from the care of the	106749
hospital, ~~agency~~services provider, facility, or person	106750
immediately and shall be referred to the court together with a	106751
report of the findings and recommendations of the hospital, ~~agency~~	106752
services provider, facility, or person; and	106753

(2) The hospital, ~~agency~~services provider, facility, or	106754
person shall notify the respondent's counsel or the attorney	106755
designated by a board of alcohol, drug addiction, and mental	106756
health services or, if the respondent was committed to a board or	106757
~~an agency~~a services provider designated by the board, it shall	106758
place the respondent in the least restrictive environment	106759
available consistent with treatment goals and notify the court and	106760
the respondent's counsel of the placement.	106761

The court shall dismiss the case or order placement in the	106762
least restrictive environment.	106763

(G)(1) Except as provided in divisions (G)(2) and (3) of this	106764
section, any person who has been committed under this section, or	106765
for whom proceedings for hospitalization have been commenced	106766
pursuant to section 5122.11 of the Revised Code, may apply at any	106767
time for voluntary admission to the hospital, facility, ~~agency~~or	106768
services provider that the board designates, or person to which	106769
the person was committed. Upon admission as a voluntary patient	106770
the chief clinical officer of the hospital, ~~agency~~services	106771
provider, or other facility, or the person immediately shall	106772
notify the court, the patient's counsel, and the attorney	106773
designated by the board, if the attorney has entered the	106774
proceedings, in writing of that fact, and, upon receipt of the	106775
notice, the court shall dismiss the case.	106776

(2) A person who is found incompetent to stand trial or not	106777
guilty by reason of insanity and who is committed pursuant to	106778
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	106779
Code shall not voluntarily commit the person pursuant to this	106780
section until after the final termination of the commitment, as	106781
described in division (J) of section 2945.401 of the Revised Code.	106782

(H) If, at the end of the first ninety-day period or any	106783
subsequent period of continued commitment, there has been no	106784
disposition of the case, either by discharge or voluntary	106785
admission, the hospital, facility, board, ~~agency~~services	106786
provider, or person shall discharge the patient immediately,	106787
unless at least ten days before the expiration of the period the	106788
attorney the board designates or the prosecutor files with the	106789
court an application for continued commitment. The application of	106790
the attorney or the prosecutor shall include a written report	106791
containing the diagnosis, prognosis, past treatment, a list of	106792
alternative treatment settings and plans, and identification of	106793
the treatment setting that is the least restrictive consistent	106794
with treatment needs. The attorney the board designates or the	106795
prosecutor shall file the written report at least three days prior	106796
to the full hearing. A copy of the application and written report	106797
shall be provided to the respondent's counsel immediately.	106798

The court shall hold a full hearing on applications for	106799
continued commitment at the expiration of the first ninety-day	106800
period and at least every two years after the expiration of the	106801
first ninety-day period.	106802

Hearings following any application for continued commitment	106803
are mandatory and may not be waived.	106804

Upon request of a person who is involuntarily committed under	106805
this section, or the person's counsel, that is made more than one	106806
hundred eighty days after the person's last full hearing,	106807
mandatory or requested, the court shall hold a full hearing on the	106808
person's continued commitment. Upon the application of a person	106809
involuntarily committed under this section, supported by an	106810
affidavit of a psychiatrist or licensed clinical psychologist,	106811
alleging that the person no longer is a mentally ill person	106812
subject to hospitalization by court order, the court for good	106813
cause shown may hold a full hearing on the person's continued	106814
commitment prior to the expiration of one hundred eighty days	106815
after the person's last full hearing. Section 5122.12 of the	106816
Revised Code applies to all hearings on continued commitment.	106817

If the court, after a hearing for continued commitment finds	106818
by clear and convincing evidence that the respondent is a mentally	106819
ill person subject to hospitalization by court order, the court	106820
may order continued commitment at places specified in division (C)	106821
of this section.	106822

(I) Unless the admission is pursuant to section 5120.17 or	106823
5139.08 of the Revised Code, the chief clinical officer of the	106824
hospital or ~~agency~~services provider admitting a respondent	106825
pursuant to a judicial proceeding, within ten working days of the	106826
admission, shall make a report of the admission to the board of	106827
alcohol, drug addiction, and mental health services serving the	106828
respondent's county of residence.	106829

(J) A referee appointed by the court may make all orders that	106830
a judge may make under this section and sections 5122.11 and	106831
5122.141 of the Revised Code, except an order of contempt of	106832
court. The orders of a referee take effect immediately. Within	106833
fourteen days of the making of an order by a referee, a party may	106834
file written objections to the order with the court. The filed	106835
objections shall be considered a motion, shall be specific, and	106836
shall state their grounds with particularity. Within ten days of	106837
the filing of the objections, a judge of the court shall hold a	106838
hearing on the objections and may hear and consider any testimony	106839
or other evidence relating to the respondent's mental condition.	106840
At the conclusion of the hearing, the judge may ratify, rescind,	106841
or modify the referee's order.	106842

(K) An order of the court under division (C), (H), or (J) of	106843
this section is a final order.	106844

(L) Before a board, or ~~an agency~~a services provider the	106845
board designates, may place an unconsenting respondent in an	106846
inpatient setting from a less restrictive placement, the board or	106847
~~agency~~services provider shall do all of the following:	106848

(1) Determine that the respondent is in immediate need of	106849
treatment in an inpatient setting because the respondent	106850
represents a substantial risk of physical harm to the respondent	106851
or others if allowed to remain in a less restrictive setting;	106852

(2) On the day of placement in the inpatient setting or on	106853
the next court day, file with the court a motion for transfer to	106854
an inpatient setting or communicate to the court by telephone that	106855
the required motion has been mailed;	106856

(3) Ensure that every reasonable and appropriate effort is	106857
made to take the respondent to the inpatient setting in the least	106858
conspicuous manner possible;	106859

(4) Immediately notify the board's designated attorney and	106860
the respondent's attorney.	106861

At the respondent's request, the court shall hold a hearing	106862
on the motion and make a determination pursuant to division (E) of	106863
this section within five days of the placement.	106864

(M) Before a board, or ~~an agency~~a services provider the	106865
board designates, may move a respondent from one residential	106866
placement to another, the board or ~~agency~~services provider shall	106867
consult with the respondent about the placement. If the respondent	106868
objects to the placement, the proposed placement and the need for	106869
it shall be reviewed by a qualified mental health professional who	106870
otherwise is not involved in the treatment of the respondent.	106871

Sec. 5122.17. Pending ~~his~~ removal to a hospital, a person	106872
taken into custody or ordered to be hospitalized pursuant to this	106873
chapter may be detained for not more than forty-eight hours in a	106874
licensed rest or nursing home, a licensed or unlicensed hospital,	106875
a community mental health ~~agency~~services provider, or a county	106876
home, but hethe person shall not be detained in a nonmedical	106877
facility used for detention of persons charged with or convicted	106878
of penal offenses unless the court finds that a less restrictive	106879
alternative cannot be made available.	106880

Sec. 5122.18. Whenever a person has been involuntarily	106881
detained at or admitted to a hospital, community mental health	106882
~~agency~~services provider, or other facility at the request of	106883
anyone other than the person's legal guardian, spouse, or next of	106884
kin under this chapter, the chief clinical officer of the	106885
hospital, ~~agency~~services provider, or other facility in which the	106886
person is temporarily detained under section 5122.17 of the	106887
Revised Code shall immediately notify the person's legal guardian,	106888
spouse or next of kin, and counsel, if these persons can be	106889
ascertained through exercise of reasonable diligence. If a person	106890
voluntarily remains at or is admitted to a hospital, ~~agency~~	106891
services provider, or other facility, such notification shall not	106892
be given without ~~his~~the person's consent. The chief clinical	106893
officer of the hospital, ~~agency~~services provider, or other	106894
facility shall inform a person voluntarily remaining at or	106895
admitted to a hospital, ~~agency~~services provider, or other	106896
facility that hethe person may authorize such notification.	106897

Sec. 5122.19. Every person transported to a hospital or	106898
community mental health ~~agency~~services provider pursuant to	106899
sections 5122.11 to 5122.16 of the Revised Code, shall be examined	106900
by the staff of the hospital or ~~agency~~services provider as soon	106901
as practicable after ~~his~~ arrival at the hospital or ~~agency~~	106902
services provider. Such an examination shall be held within	106903
twenty-four hours after the time of arrival, and if the chief	106904
clinical officer fails after such an examination to certify that	106905
in ~~his~~the chief clinical officer's opinion the person is a	106906
mentally ill person subject to hospitalization by court order, the	106907
person shall be immediately released.	106908

Sec. 5122.20. The director of ~~mental health~~mental health	106909
and addiction services or the director's designee may transfer, or	106910
authorize the transfer of, an involuntary patient, or a consenting	106911
voluntary patient hospitalized pursuant to section 5122.02 or	106912
sections 5122.11 to 5122.15 of the Revised Code, from one public	106913
hospital to another, or to a hospital, community mental health	106914
~~agency~~services provider, or other facility offering treatment or	106915
other services for mental illness, if the medical director of the	106916
department of ~~mental health~~mental health and addiction services	106917
determines that it would be consistent with the medical needs of	106918
the patient to do so. If such a transfer is made to a private	106919
facility, the transfer shall be conditioned upon the consent of	106920
the facility.	106921

Before an involuntary patient may be transferred to a more	106922
restrictive setting, the chief clinical officer shall file a	106923
motion with the court requesting the court to amend its order of	106924
placement issued under section 5122.15 of the Revised Code. At the	106925
patient's request, the court shall hold a hearing on the motion at	106926
which the patient has the same rights as at a full hearing under	106927
section 5122.15 of the Revised Code. The hearing shall be held	106928
within ten days after the date on which the respondent was	106929
transferred to the more restrictive setting or on which the motion	106930
was filed, whichever is earlier. On the motion of the respondent,	106931
the respondent's counsel, or the chief clinical officer, or on its	106932
own motion, and for good cause shown, the court may order a	106933
continuance of the hearing for up to ten days.	106934

Whenever an involuntary patient is transferred, written	106935
notice of the transfer shall be given to the patient's legal	106936
guardian, parents, spouse, and counsel, or, if none is known, to	106937
the patient's nearest known relative or friend. If the patient is	106938
a minor, the department, before making such a transfer, shall make	106939
a minute of the order for the transfer and the reason for it upon	106940
its record and shall send a certified copy at least seven days	106941
prior to the transfer to the person shown by its record to have	106942
had the care or custody of the minor immediately prior to the	106943
minor's commitment. Whenever a consenting voluntary patient is	106944
transferred, the notification shall be given only at the patient's	106945
request. The chief clinical officer shall advise a voluntary	106946
patient who is being transferred that the patient may decide if	106947
the notification shall be given. In all such transfers, due	106948
consideration shall be given to the wishes of the patient, and the	106949
relationship of the patient to the patient's family, legal	106950
guardian, or friends, so as to maintain the relationship and	106951
encourage visits beneficial to the patient.	106952

When a voluntary patient whose medical or psychological needs	106953
are found by the chief clinical officer to warrant a transfer	106954
refuses to be transferred to an alternate facility, the chief	106955
clinical officer may file an affidavit for a hearing under section	106956
5122.11 of the Revised Code.	106957

Sec. 5122.21. (A) The chief clinical officer shall as	106958
frequently as practicable, and at least once every thirty days,	106959
examine or cause to be examined every patient, and, whenever the	106960
chief clinical officer determines that the conditions justifying	106961
involuntary hospitalization or commitment no longer obtain, shall	106962
discharge the patient not under indictment or conviction for crime	106963
and immediately make a report of the discharge to the department	106964
of ~~mental health~~mental health and addiction services. The chief	106965
clinical officer may discharge a patient who is under an	106966
indictment, a sentence of imprisonment, a community control	106967
sanction, or a post-release control sanction or on parole ten days	106968
after written notice of intent to discharge the patient has been	106969
given by personal service or certified mail, return receipt	106970
requested, to the court having criminal jurisdiction over the	106971
patient. Except when the patient was found not guilty by reason of	106972
insanity and the defendant's commitment is pursuant to section	106973
2945.40 of the Revised Code, the chief clinical officer has final	106974
authority to discharge a patient who is under an indictment, a	106975
sentence of imprisonment, a community control sanction, or a	106976
post-release control sanction or on parole.	106977

(B) After a finding pursuant to section 5122.15 of the	106978
Revised Code that a person is a mentally ill person subject to	106979
hospitalization by court order, the chief clinical officer of the	106980
hospital or ~~agency~~community mental health services provider to	106981
which the person is ordered or to which the person is transferred	106982
under section 5122.20 of the Revised Code, may grant a discharge	106983
without the consent or authorization of any court.	106984

Upon discharge, the chief clinical officer shall notify the	106985
court that caused the judicial hospitalization of the discharge	106986
from the hospital.	106987

Sec. 5122.23. The chief clinical officer of a public	106988
hospital shall immediately report to the department of ~~mental~~	106989
~~health~~mental health and addiction services and the board of	106990
alcohol, drug addiction, and mental health services serving the	106991
patient's county of residence the removal, death, escape,	106992
discharge, or trial visit of any patient hospitalized under	106993
section 5122.15 of the Revised Code, or the return of such an	106994
escaped or visiting patient to the department, the probate judge	106995
of the county from which such patient was hospitalized, and the	106996
probate judge of the county of residence of such patient. In case	106997
of death, the chief clinical officer also shall notify one or more	106998
of the nearest relatives of the deceased patient, if known to ~~him~~	106999
the chief clinical officer, by letter, telegram, or telephone. If	107000
the place of residence of such relative is unknown to the chief	107001
clinical officer, immediately upon receiving notification the	107002
probate judge shall in the speediest manner possible notify such	107003
relatives, if known to ~~him~~the probate judge.	107004

The chief clinical officer of a public hospital, upon the	107005
request of the probate judge of the county from which a patient	107006
was hospitalized or the probate judge of the county of residence	107007
of such a patient, shall make a report to the judge of the	107008
condition of any patient under the care, treatment, custody, or	107009
control of the chief clinical officer.	107010

Sec. 5122.25. Upon the request of a hospital, person, board,	107011
~~agency~~community mental health services provider, or facility who	107012
has custody of a patient hospitalized pursuant to section 5122.15	107013
of the Revised Code, or on the order of the court, such patient	107014
may be called for a rehearing at such place within the county of	107015
~~his~~the patient's residence or the county where such patient is	107016
hospitalized as the court designates. The hearing shall be	107017
conducted pursuant to section 5122.15 of the Revised Code.	107018

Sec. 5122.26. (A) If a patient is absent without leave, on a	107019
verbal or written order issued within five days of the time of the	107020
unauthorized absence by the department of ~~mental health~~mental	107021
health and addiction services, the chief clinical officer of the	107022
hospital from which the patient is absent without leave, or the	107023
court of either the county from which the patient was committed or	107024
in which the patient is found, any health or police officer or	107025
sheriff may take the patient into custody and transport the	107026
patient to the hospital in which the patient was hospitalized or	107027
to a place that is designated in the order. The officer	107028
immediately shall report such fact to the ~~agency~~entity that	107029
issued the order.	107030

The chief clinical officer of a hospital may discharge a	107031
patient who is under an indictment, a sentence of imprisonment, a	107032
community control sanction, or a post-release control sanction or	107033
on parole and who has been absent without leave for more than	107034
thirty days but shall give written notice of the discharge to the	107035
court with criminal jurisdiction over the patient. The chief	107036
clinical officer of a hospital may discharge any other patient who	107037
has been absent without leave for more than fourteen days.	107038

The chief clinical officer shall take all proper measures for	107039
the apprehension of an escaped patient. The expense of the return	107040
of an escaped patient shall be borne by the hospital where the	107041
patient is hospitalized.	107042

(B)(1) Subject to division (B)(2) of this section, no patient	107043
hospitalized under Chapter 5122. of the Revised Code whose absence	107044
without leave was caused or contributed to by the patient's mental	107045
illness shall be subject to a charge of escape.	107046

(2) Division (B)(1) of this section does not apply to any	107047
person who was hospitalized, institutionalized, or confined in a	107048
facility under an order made pursuant to or under authority of	107049
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	107050
2945.402 of the Revised Code and who escapes from the facility,	107051
from confinement in a vehicle for transportation to or from the	107052
facility, or from supervision by an employee of the facility that	107053
is incidental to hospitalization, institutionalization, or	107054
confinement in the facility and that occurs outside the facility,	107055
in violation of section 2921.34 of the Revised Code.	107056

Sec. 5122.27. The chief clinical officer of the hospital or	107057
the chief clinical officer's designee shall assure that all	107058
patients hospitalized or committed pursuant to this chapter shall:	107059

(A) Receive, within twenty days of their admission sufficient	107060
professional care to assure that an evaluation of current status,	107061
differential diagnosis, probable prognosis, and description of the	107062
current treatment plan is stated on the official chart;	107063

(B) Have a written treatment plan consistent with the	107064
evaluation, diagnosis, prognosis, and goals which shall be	107065
provided, upon request of the patient or patient's counsel, to the	107066
patient's counsel and to any private physician or licensed	107067
clinical psychologist designated by the patient or the patient's	107068
counsel or to the Ohio protection and advocacy system;	107069

(C) Receive treatment consistent with the treatment plan. The	107070
department of ~~mental health~~mental health and addiction services	107071
shall set standards for treatment provided to such patients,	107072
consistent wherever possible with standards set by the joint	107073
commission ~~on accreditation of healthcare organizations~~.	107074

(D) Receive periodic reevaluations of the treatment plan by	107075
the professional staff at intervals not to exceed ninety days;	107076

(E) Be provided with adequate medical treatment for physical	107077
disease or injury;	107078

(F) Receive humane care and treatment, including without	107079
limitation, the following:	107080

(1) The least restrictive environment consistent with the	107081
treatment plan;	107082

(2) The necessary facilities and personnel required by the	107083
treatment plan;	107084

(3) A humane psychological and physical environment;

107085

(4) The right to obtain current information concerning the	107086
patient's treatment program and expectations in terms that the	107087
patient can reasonably understand;	107088

(5) Participation in programs designed to afford the patient	107089
substantial opportunity to acquire skills to facilitate return to	107090
the community or to terminate an involuntary commitment;	107091

(6) The right to be free from unnecessary or excessive	107092
medication;	107093

(7) Freedom from restraints or isolation unless it is stated	107094
in a written order by the chief clinical officer or the chief	107095
clinical officer's designee, or the patient's individual physician	107096
or psychologist in a private or general hospital.	107097

If the chief clinical officer of the hospital is unable to	107098
provide the treatment required by divisions (C), (E), and (F) of	107099
this section for any patient hospitalized pursuant to Chapter	107100
5122. of the Revised Code, the chief clinical officer shall	107101
immediately notify the patient, the court, the Ohio protection and	107102
advocacy system, the director of ~~mental health~~mental health and	107103
addiction services, and the patient's counsel and legal guardian,	107104
if known. If within ten days after receipt of such notification by	107105
the director, the director is unable to effect a transfer of the	107106
patient, pursuant to section 5122.20 of the Revised Code, to a	107107
hospital, community mental health ~~agency~~services provider, or	107108
other medical facility where treatment is available, or has not	107109
received an order of the court to the contrary, the involuntary	107110
commitment of any patient hospitalized pursuant to Chapter 5122.	107111
of the Revised Code and defined as a mentally ill person subject	107112
to hospitalization by court order under division (B)(4) of section	107113
5122.01 of the Revised Code shall automatically be terminated.	107114

Sec. 5122.271. (A) Except as provided in divisions (C), (D),	107115
and (E) of this section, the chief clinical officer or, in a	107116
nonpublic hospital, the attending physician responsible for a	107117
patient's care shall provide all information, including expected	107118
physical and medical consequences, necessary to enable any patient	107119
of a hospital for the mentally ill to give a fully informed,	107120
intelligent, and knowing consent, the opportunity to consult with	107121
independent specialists and counsel, and the right to refuse	107122
consent for any of the following:	107123

(1) Surgery;

107124

(2) Convulsive therapy;

107125

(3) Major aversive interventions;

107126

(4) Sterilizations;

107127

(5) Any unusually hazardous treatment procedures;

107128

(6) Psycho-surgery.

107129

(B) No patient shall be subjected to any of the procedures	107130
listed in divisions (A)(4) to (6) of this section until both the	107131
patient's informed, intelligent, and knowing consent and the	107132
approval of the court have been obtained, except that court	107133
approval is not required for a legally competent and voluntary	107134
patient in a nonpublic hospital.	107135

(C) If, after providing the information required under	107136
division (A) of this section to the patient, the chief clinical	107137
officer or attending physician concludes that a patient is	107138
physically or mentally unable to receive the information required	107139
for surgery under division (A)(1) of this section, or has been	107140
adjudicated incompetent, the information may be provided to the	107141
patient's natural or court-appointed guardian, who may give an	107142
informed, intelligent, and knowing written consent.	107143

If a patient is physically or mentally unable to receive the	107144
information required for surgery under division (A)(1) of this	107145
section and has no guardian, the information, the recommendation	107146
of the chief clinical officer, and the concurring judgment of a	107147
licensed physician who is not a full-time employee of the state	107148
may be provided to the court in the county in which the hospital	107149
is located, which may approve the surgery. Before approving the	107150
surgery, the court shall notify the Ohio protection and advocacy	107151
system created by section 5123.60 of the Revised Code, and shall	107152
notify the patient of the rights to consult with counsel, to have	107153
counsel appointed by the court if the patient is indigent, and to	107154
contest the recommendation of the chief clinical officer.	107155

(D) If, in a medical emergency, and after providing the	107156
information required under division (A) of this section to the	107157
patient, it is the judgment of one licensed physician that delay	107158
in obtaining surgery would create a grave danger to the health of	107159
the patient, it may be administered without the consent of the	107160
patient or the patient's guardian if the necessary information is	107161
provided to the patient's spouse or next of kin to enable that	107162
person to give informed, intelligent, and knowing written consent.	107163
If no spouse or next of kin can reasonably be contacted, or if the	107164
spouse or next of kin is contacted, but refuses to consent, the	107165
surgery may be performed upon the written authorization of the	107166
chief clinical officer or, in a nonpublic hospital, upon the	107167
written authorization of the attending physician responsible for	107168
the patient's care, and after the approval of the court has been	107169
obtained. However, if delay in obtaining court approval would	107170
create a grave danger to the life of the patient, the chief	107171
clinical officer or, in a nonpublic hospital, the attending	107172
physician responsible for the patient's care may authorize	107173
surgery, in writing, without court approval. If the surgery is	107174
authorized without court approval, the chief clinical officer or	107175
the attending physician who made the authorization and the	107176
physician who performed the surgery shall each execute an	107177
affidavit describing the circumstances constituting the emergency	107178
and warranting the surgery and the circumstances warranting their	107179
not obtaining prior court approval. The affidavit shall be filed	107180
with the court with which the request for prior approval would	107181
have been filed within five court days after the surgery, and a	107182
copy of the affidavit shall be placed in the patient's file and be	107183
given to the guardian, spouse, or next of kin of the patient, to	107184
the hospital at which the surgery was performed, and to the Ohio	107185
protection and advocacy system as defined in section 5123.60 of	107186
the Revised Code.	107187

(E) Major aversive interventions shall not be used unless a	107188
patient continues to engage in behavior destructive to self or	107189
others after other forms of therapy have been attempted. Major	107190
aversive interventions may be applied if approved by the director	107191
of ~~mental health~~mental health and addiction services. Major	107192
aversive interventions shall not be applied to a voluntary patient	107193
without the informed, intelligent, and knowing written consent of	107194
the patient or the patient's guardian.	107195

(F) Unless there is substantial risk of physical harm to self	107196
or others, or other than under division (D) of this section, this	107197
chapter does not authorize any form of compulsory medical,	107198
psychological, or psychiatric treatment of any patient who is	107199
being treated by spiritual means through prayer alone in	107200
accordance with a recognized religious method of healing without	107201
specific court authorization.	107202

(G) For purposes of this section, "convulsive therapy" does	107203
not include defibrillation.	107204

Sec. 5122.31. (A) All certificates, applications, records,	107205
and reports made for the purpose of this chapter and sections	107206
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	107207
Code, other than court journal entries or court docket entries,	107208
and directly or indirectly identifying a patient or former patient	107209
or person whose hospitalization has been sought under this	107210
chapter, shall be kept confidential and shall not be disclosed by	107211
any person except:	107212

(1) If the person identified, or the person's legal guardian,	107213
if any, or if the person is a minor, the person's parent or legal	107214
guardian, consents, and if the disclosure is in the best interests	107215
of the person, as may be determined by the court for judicial	107216
records and by the chief clinical officer for medical records;	107217

(2) When disclosure is provided for in this chapter or	107218
~~section 5123.601~~ or Chapters 340. or 5119. of the Revised Code or	107219
in accordance with other provisions of state or federal law	107220
authorizing such disclosure;	107221

(3) That hospitals, boards of alcohol, drug addiction, and	107222
mental health services, and community mental health ~~agencies~~	107223
services providers may release necessary medical information to	107224
insurers and other third-party payers, including government	107225
entities responsible for processing and authorizing payment, to	107226
obtain payment for goods and services furnished to the patient;	107227

(4) Pursuant to a court order signed by a judge;

107228

(5) That a patient shall be granted access to the patient's	107229
own psychiatric and medical records, unless access specifically is	107230
restricted in a patient's treatment plan for clear treatment	107231
reasons;	107232

(6) That hospitals and other institutions and facilities	107233
within the department of ~~mental health~~mental health and addiction	107234
services may exchange psychiatric records and other pertinent	107235
information with other hospitals, institutions, and facilities of	107236
the department, and with community mental health ~~agencies~~services	107237
providers and boards of alcohol, drug addiction, and mental health	107238
services with which the department has a current agreement for	107239
patient care or services. Records and information that may be	107240
released pursuant to this division shall be limited to medication	107241
history, physical health status and history, financial status,	107242
summary of course of treatment in the hospital, summary of	107243
treatment needs, and a discharge summary, if any.	107244

(7) That hospitals within the department,and other	107245
institutions and facilities within the department~~, hospitals~~	107246
~~licensed by the department under section 5119.20 of the Revised~~	107247
~~Code, and community mental health agencies~~ may exchange	107248
psychiatric records and other pertinent information with payers	107249
and other providers of treatment and health services if the	107250
purpose of the exchange is to facilitate continuity of care for a	107251
patient or for the emergency treatment of an individual;	107252

(8) That a patient's family member who is involved in the	107253
provision, planning, and monitoring of services to the patient may	107254
receive medication information, a summary of the patient's	107255
diagnosis and prognosis, and a list of the services and personnel	107256
available to assist the patient and the patient's family, if the	107257
patient's treating physician determines that the disclosure would	107258
be in the best interests of the patient. No such disclosure shall	107259
be made unless the patient is notified first and receives the	107260
information and does not object to the disclosure.	107261

(9) That community mental health ~~agencies~~services providers	107262
may exchange psychiatric records and certain other information	107263
with the board of alcohol, drug addiction, and mental health	107264
services and other ~~agencies~~services providers in order to	107265
provide services to a person involuntarily committed to a board.	107266
Release of records under this division shall be limited to	107267
medication history, physical health status and history, financial	107268
status, summary of course of treatment, summary of treatment	107269
needs, and discharge summary, if any.	107270

(10) That information may be disclosed to the executor or the	107271
administrator of an estate of a deceased patient when the	107272
information is necessary to administer the estate;	107273

(11) That records in the possession of the Ohio historical	107274
society may be released to the closest living relative of a	107275
deceased patient upon request of that relative;	107276

(12) ~~That information may be disclosed to staff members of~~	107277
~~the appropriate board or to staff members designated by the~~	107278
~~director of mental health for the purpose of evaluating the~~	107279
~~quality, effectiveness, and efficiency of services and determining~~	107280
~~if the services meet minimum standards. Information obtained~~	107281
~~during such evaluations shall not be retained with the name of any~~	107282
~~patient.~~	107283

~~(13)~~ That records pertaining to the patient's diagnosis,	107284
course of treatment, treatment needs, and prognosis shall be	107285
disclosed and released to the appropriate prosecuting attorney if	107286
the patient was committed pursuant to section 2945.38, 2945.39,	107287
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	107288
attorney designated by the board for proceedings pursuant to	107289
involuntary commitment under this chapter.	107290

~~(14)~~(13) That the department of ~~mental health~~mental health	107291
and addiction services may exchange psychiatric hospitalization	107292
records, other mental health treatment records, and other	107293
pertinent information with the department of rehabilitation and	107294
correction and with the department of youth services to ensure	107295
continuity of care for inmates or offenders who are receiving	107296
mental health services in an institution of the department of	107297
rehabilitation and correction or the department of youth services	107298
and may exchange psychiatric hospitalization records, other mental	107299
health treatment records, and other pertinent information with	107300
boards of alcohol, drug addiction, and mental health services and	107301
community mental health services providers to ensure continuity of	107302
care for inmates or offenders who are receiving mental health	107303
services in an institution and are scheduled for release within	107304
six months. The department shall not disclose those records unless	107305
the inmate or offender is notified, receives the information, and	107306
does not object to the disclosure. The release of records under	107307
this division is limited to records regarding an inmate's or	107308
offender's medication history, physical health status and history,	107309
summary of course of treatment, summary of treatment needs, and a	107310
discharge summary, if any.	107311

~~(15) That a community mental health agency that ceases to~~	107312
~~operate may transfer to either a community mental health agency~~	107313
~~that assumes its caseload or to the board of alcohol, drug~~	107314
~~addiction, and mental health services of the service district in~~	107315
~~which the patient resided at the time services were most recently~~	107316
~~provided any treatment records that have not been transferred~~	107317
~~elsewhere at the patient's request.~~	107318

(B) Before records are disclosed pursuant to divisions	107319
(A)(3), (6), and (9) of this section, the custodian of the records	107320
shall attempt to obtain the patient's consent for the disclosure.	107321
No person shall reveal the contents of a medical record of a	107322
patient except as authorized by law.	107323

(C) The managing officer of a hospital who releases necessary	107324
medical information under division (A)(3) of this section to allow	107325
an insurance carrier or other third party payor to comply with	107326
section 5121.43 of the Revised Code shall neither be subject to	107327
criminal nor civil liability.	107328

Sec. 5122.311. (A) Notwithstanding any provision of the	107329
Revised Code to the contrary, if, on or after ~~the effective date~~	107330
~~of this section~~April 8, 2004, an individual is found by a court	107331
to be a mentally ill person subject to hospitalization by court	107332
order or becomes an involuntary patient other than one who is a	107333
patient only for purposes of observation, the probate judge who	107334
made the adjudication or the chief clinical officer of the	107335
hospital, ~~agency~~community mental health services provider, or	107336
facility in which the person is an involuntary patient shall	107337
notify the bureau of criminal identification and investigation, on	107338
the form described in division (C) of this section, of the	107339
identity of the individual. The notification shall be transmitted	107340
by the judge or the chief clinical officer not later than seven	107341
days after the adjudication or commitment.	107342

(B) The bureau of criminal identification and investigation	107343
shall compile and maintain the notices it receives under division	107344
(A) of this section and shall use them for the purpose of	107345
conducting incompetency records checks pursuant to section 311.41	107346
of the Revised Code. The notices and the information they contain	107347
are confidential, except as provided in this division, and are not	107348
public records.	107349

(C) The attorney general, by rule adopted under Chapter 119.	107350
of the Revised Code, shall prescribe and make available to all	107351
probate judges and all chief clinical officers a form to be used	107352
by them for the purpose of making the notifications required by	107353
division (A) of this section.	107354

Sec. 5122.32. (A) As used in this section:

107355

(1) "Quality assurance committee" means a committee that is	107356
appointed in the central office of the department of ~~mental health~~	107357
mental health and addiction services by the director of ~~mental~~	107358
~~health~~mental health and addiction services, a committee of a	107359
hospital or community setting program, ~~a committee established~~	107360
~~pursuant to section 5119.47 of the Revised Code of the department~~	107361
~~of mental health appointed by the managing officer of the hospital~~	107362
~~or program,~~ or a duly authorized subcommittee of a committee of	107363
that nature and that is designated to carry out quality assurance	107364
program activities.	107365

(2) "Quality assurance program" means a comprehensive program	107366
within the department of ~~mental health~~mental health and addiction	107367
services to systematically review and improve the quality of	107368
medical and mental health services within the department and its	107369
hospitals and community setting programs, the safety and security	107370
of persons receiving medical and mental health services within the	107371
department and its hospitals and community setting programs, and	107372
the efficiency and effectiveness of the utilization of staff and	107373
resources in the delivery of medical and mental health services	107374
within the department and its hospitals and community setting	107375
programs. "Quality assurance program" includes the central office	107376
quality assurance committees, morbidity and mortality review	107377
committees, quality assurance programs of community setting	107378
programs, quality assurance committees of hospitals operated by	107379
the department of ~~mental health~~mental health and addiction	107380
services, and the office of licensure and certification of the	107381
department.	107382

(3) "Quality assurance program activities" include collecting	107383
or compiling information and reports required by a quality	107384
assurance committee, receiving, reviewing, or implementing the	107385
recommendations made by a quality assurance committee, and	107386
credentialing, privileging, infection control, tissue review, peer	107387
review, utilization review including access to patient care	107388
records, patient care assessment records, and medical and mental	107389
health records, medical and mental health resource management,	107390
mortality and morbidity review, and identification and prevention	107391
of medical or mental health incidents and risks, whether performed	107392
by a quality assurance committee or by persons who are directed by	107393
a quality assurance committee.	107394

(4) "Quality assurance records" means the proceedings,	107395
discussion, records, findings, recommendations, evaluations,	107396
opinions, minutes, reports, and other documents or actions that	107397
emanate from quality assurance committees, quality assurance	107398
programs, or quality assurance program activities. "Quality	107399
assurance records" does not include aggregate statistical	107400
information that does not disclose the identity of persons	107401
receiving or providing medical or mental health services in	107402
department of ~~mental health institutions~~mental health and	107403
addiction services hospitals or community setting programs.	107404

(B)(1) Except as provided in division (E) of this section,	107405
quality assurance records are confidential and are not public	107406
records under section 149.43 of the Revised Code, and shall be	107407
used only in the course of the proper functions of a quality	107408
assurance program.	107409

(2) Except as provided in division (E) of this section, no	107410
person who possesses or has access to quality assurance records	107411
and who knows that the records are quality assurance records shall	107412
willfully disclose the contents of the records to any person or	107413
entity.	107414

(C)(1) Except as provided in division (E) of this section, no	107415
quality assurance record shall be subject to discovery in, and is	107416
not admissible in evidence, in any judicial or administrative	107417
proceeding.	107418

(2) Except as provided in division (E) of this section, no	107419
member of a quality assurance committee or a person who is	107420
performing a function that is part of a quality assurance program	107421
shall be permitted or required to testify in a judicial or	107422
administrative proceeding with respect to quality assurance	107423
records or with respect to any finding, recommendation,	107424
evaluation, opinion, or other action taken by the committee,	107425
member, or person.	107426

(3) Information, documents, or records otherwise available	107427
from original sources are not to be construed as being unavailable	107428
for discovery or admission in evidence in a judicial or	107429
administrative proceeding merely because they were presented to a	107430
quality assurance committee. No person testifying before a quality	107431
assurance committee or person who is a member of a quality	107432
assurance committee shall be prevented from testifying as to	107433
matters within the person's knowledge, but the witness cannot be	107434
asked about the witness' testimony before the quality assurance	107435
committee or about an opinion formed by the person as a result of	107436
the quality assurance committee proceedings.	107437

(D)(1) A person who, without malice and in the reasonable	107438
belief that the information is warranted by the facts known to the	107439
person, provides information to a person engaged in quality	107440
assurance program activities is not liable for damages in a civil	107441
action for injury, death, or loss to person or property to any	107442
person as a result of providing the information.	107443

(2) A member of a quality assurance committee, a person	107444
engaged in quality assurance program activities, and an employee	107445
of the department of ~~mental health~~mental health and addiction	107446
services shall not be liable in damages in a civil action for	107447
injury, death, or loss to person or property to any person for any	107448
acts, omissions, decisions, or other conduct within the scope of	107449
the functions of the quality assurance program.	107450

(3) Nothing in this section shall relieve any institution or	107451
individual from liability arising from the treatment of a patient.	107452

(E) Quality assurance records may be disclosed, and testimony	107453
may be provided concerning quality assurance records, only to the	107454
following persons or entities:	107455

(1) Persons who are employed or retained by the department of	107456
~~mental health~~mental health and addiction services and who have	107457
authority to evaluate or implement the recommendations of a	107458
state-operated hospital, community setting program, or central	107459
office quality assurance committee;	107460

(2) Public or private agencies or organizations if needed to	107461
perform a licensing or accreditation function related to	107462
department of ~~mental health~~mental health and addiction services	107463
hospitals or community setting programs, or to perform monitoring	107464
of a hospital or program of that nature as required by law.	107465

(F) A disclosure of quality assurance records pursuant to	107466
division (E) of this section does not otherwise waive the	107467
confidential and privileged status of the disclosed quality	107468
assurance records.	107469

(G) Nothing in this section shall limit the access of the	107470
Ohio protection and advocacy system to records or personnel as	107471
required under section 5123.601 of the Revised Code. Nothing in	107472
this section shall limit the admissibility of documentary or	107473
testimonial evidence in an action brought by the Ohio protection	107474
and advocacy system in its own name or on behalf of a client.	107475

Sec. 5122.33. The department of ~~mental health~~mental health	107476
and addiction services may prescribe the form of applications,	107477
reports, records, and medical certificates provided for under this	107478
chapter, and the information required to be contained therein;	107479
require reports from the chief clinical officer of any public	107480
hospital relating to the admission, examination, diagnosis,	107481
release, or discharge of any patient; visit each such hospital	107482
regularly to review the admission procedures of all new patients	107483
admitted between visits; investigate by personal visit complaints	107484
made by any patient or by any person on behalf of a patient; and	107485
adopt such rules as are reasonably necessary to effectuate the	107486
provisions of this chapter.	107487

Sec. 5122.34. (A) Persons, including, but not limited to,	107488
boards of alcohol, drug addiction, and mental health services and	107489
community mental health ~~agencies~~services providers, acting in	107490
good faith, either upon actual knowledge or information thought by	107491
them to be reliable, who procedurally or physically assist in the	107492
hospitalization or discharge, determination of appropriate	107493
placement, or in judicial proceedings of a person under this	107494
chapter, do not come within any criminal provisions, and are free	107495
from any liability to the person hospitalized or to any other	107496
person.	107497

(B) Regardless of whether any affirmative action has been	107498
taken under this chapter with respect to a mental health client or	107499
patient and except as otherwise provided in section 2305.51 of the	107500
Revised Code, no person shall be liable for any harm that results	107501
to any other person as a result of failing to disclose any	107502
confidential information about the mental health client or	107503
patient, or failing to otherwise attempt to protect such other	107504
person from harm by such client or patient.	107505

(C) This section applies to expert witnesses who testify at	107506
hearings under this chapter.	107507

(D) The immunity from liability conferred by this section is	107508
in addition to and not in limitation of any immunity conferred by	107509
any other section of the Revised Code or by judicial precedent.	107510

Sec. 5122.341. (A) As used in this section:

107511

(1) "Facility or ~~agency~~provider" means, in the context of a	107512
person committed to the department of ~~mental health~~mental health	107513
and addiction services under sections 2945.37 to 2945.402 of the	107514
Revised Code, any entity in which the department of ~~mental health~~	107515
mental health and addiction services places such a person.	107516

(2) "Person committed to the department" means a person	107517
committed to the department of ~~mental health~~mental health and	107518
addiction services under sections 2945.37 to 2945.402 of the	107519
Revised Code.	107520

(B) No member of a board of directors, or employee, of a	107521
facility or ~~agency~~provider in which the department of ~~mental~~	107522
~~health~~mental health and addiction services places a person	107523
committed to the department is liable for injury or damages caused	107524
by any action or inaction taken within the scope of the board	107525
member's official duties or employee's employment relating to the	107526
commitment of, and services provided to, the person committed to	107527
the department, unless the action or inaction constitutes willful	107528
or wanton misconduct. A board member's or employee's action or	107529
inaction does not constitute willful or wanton misconduct if the	107530
board member or employee acted in good faith and reasonably under	107531
the circumstances and with the knowledge reasonably attributable	107532
to the board member or employee.	107533

The immunity from liability conferred by this section is in	107534
addition to and not in limitation of any immunity conferred by any	107535
other section of the Revised Code or by judicial precedent.	107536

Sec. 5122.39. (A) Mentally ill minors shall remain under the	107537
natural guardianship of their parents, notwithstanding	107538
hospitalization pursuant to this chapter, unless parental rights	107539
have been terminated pursuant to a court finding that the minor is	107540
neglected or dependent. Where a mentally ill minor is found to be	107541
dependent or neglected, the public children's services agency in	107542
the county of residence has final guardianship authority and	107543
responsibility.	107544

(B) In no case shall the guardianship of a mentally ill	107545
person be assigned to the chief medical officer or any staff	107546
member of a hospital, board, or ~~agency~~provider from which the	107547
person is receiving mental health services.	107548

Sec. 5122.43. (A) Costs, fees, and expenses of all	107549
proceedings held under this chapter shall be paid as follows:	107550

(1) To police and health officers, other than sheriffs or	107551
their deputies, the same fees allowed to constables, to be paid	107552
upon the approval of the probate judge;	107553

(2) To sheriffs or their deputies, the same fees allowed for	107554
similar services in the court of common pleas;	107555

(3) To physicians or licensed clinical psychologists acting	107556
as expert witnesses and to other expert witnesses designated by	107557
the court, an amount determined by the court;	107558

(4) To other witnesses, the same fees and mileage as for	107559
attendance at the court of common pleas, to be paid upon the	107560
approval of the probate judge;	107561

(5) To a person, other than the sheriff or the sheriff's	107562
deputies, for taking a mentally ill person to a hospital or	107563
removing a mentally ill person from a hospital, the actual	107564
necessary expenses incurred, specifically itemized, and approved	107565
by the probate judge;	107566

(6) To assistants who convey mentally ill persons to the	107567
hospital when authorized by the probate judge, a fee set by the	107568
probate court, provided the assistants are not drawing a salary	107569
from the state or any political subdivision of the state, and	107570
their actual necessary expenses incurred, provided that the	107571
expenses are specifically itemized and approved by the probate	107572
judge;	107573

(7) To an attorney appointed by the probate division for an	107574
indigent who allegedly is a mentally ill person pursuant to any	107575
section of this chapter, the fees that are determined by the	107576
probate division. When those indigent persons are before the	107577
court, all filing and recording fees shall be waived.	107578

(8) To a referee who is appointed to conduct proceedings	107579
under this chapter that involve a respondent whose domicile is or,	107580
before the respondent's hospitalization, was not the county in	107581
which the proceedings are held, compensation as fixed by the	107582
probate division, but not more than the compensation paid for	107583
similar proceedings for respondents whose domicile is in the	107584
county in which the proceedings are held;	107585

(9) To a court reporter appointed to make a transcript of	107586
proceedings under this chapter, the compensation and fees allowed	107587
in other cases under section 2101.08 of the Revised Code.	107588

(B) A county shall pay for the costs, fees, and expenses	107589
described in division (A) of this section with money appropriated	107590
pursuant to section 2101.11 of the Revised Code. A county may seek	107591
reimbursement from the department of ~~mental health~~mental health	107592
and addiction services by submitting a request and certification	107593
by the county auditor of the costs, fees, and expenses to the	107594
department within two months of the date the costs, fees, and	107595
expenses are incurred by the county.	107596

Each fiscal year, based on past allocations, historical	107597
utilization, and other factors the department considers	107598
appropriate, the department shall allocate for each county an	107599
amount for reimbursements under this section. The total of all the	107600
allocations shall equal the amount appropriated for the fiscal	107601
year to the department specifically for the purposes of this	107602
section.	107603

On receipt, the department shall review each request for	107604
reimbursement and prepare a voucher for the amount of the costs,	107605
fees, and expenses incurred by the county, provided that the total	107606
amount of money paid to all counties in each fiscal year shall not	107607
exceed the total amount of moneys specifically appropriated to the	107608
department for these purposes.	107609

The department's total reimbursement to each county shall be	107610
the lesser of the full amount requested or the amount allocated	107611
for the county under this division. In addition, the department	107612
shall distribute any surplus remaining from the money appropriated	107613
for the fiscal year to the department for the purposes of this	107614
section as follows to counties whose full requests exceed their	107615
allocations:	107616

(1) If the surplus is sufficient to reimburse such counties	107617
the full amount of their requests, each such county shall receive	107618
the full amount of its request;	107619

(2) If the surplus is insufficient, each such county shall	107620
receive a percentage of the surplus determined by dividing the	107621
difference between the county's full request and its allocation by	107622
the difference between the total of the full requests of all such	107623
counties and the total of the amounts allocated for all such	107624
counties.	107625

The department may adopt rules in accordance with Chapter	107626
119. of the Revised Code to implement the payment of costs, fees,	107627
and expenses under this section.	107628

Sec. 5122.44. As used in sections 5122.44 to 5122.47 of the	107629
Revised Code:	107630

(A) "Compilation" means a written list of the following	107631
information, as the department of ~~mental health~~mental health and	107632
addiction services is able to reasonably ascertain, for every	107633
patient who was buried, entombed, or inurned prior to ~~the~~	107634
~~effective date of this section~~March 31, 2005, in a cemetery	107635
located on the grounds of or adjacent to the grounds of a public	107636
hospital:	107637

(1) Name;

107638

(2) Date of birth;

107639

(3) Date of death or burial;

107640

(4) Specific physical location of the burial, entombment, or	107641
inurnment, including the plot or grave site number if available.	107642

(B) "Patient" means an individual who died while admitted to	107643
a public hospital that was under the control of the department of	107644
~~mental health~~mental health and addiction services.	107645

(C) "Record" has the same meaning as in section 149.011 of	107646
the Revised Code.	107647

(D) "State agency" means every organized body, office, or	107648
agency established by the laws of the state for the exercise of	107649
any function of state government.	107650

Sec. 5122.45. The department of ~~mental health~~mental health	107651
and addiction services shall create a separate compilation for	107652
each cemetery located on the grounds of or adjacent to the grounds	107653
of a public hospital that is under the control of the department	107654
on ~~the effective date of this section~~March 31, 2005. The	107655
compilation shall be created within a reasonable time not	107656
exceeding three years after ~~the effective date of this section~~	107657
March 31, 2005. The department shall use its best efforts to	107658
create the most complete compilations possible using records in	107659
the department's possession and records obtained in accordance	107660
with section 5122.46 of the Revised Code.	107661

Sec. 5122.46. The Ohio historical society and each state	107662
agency shall, at the request of the department of ~~mental health~~	107663
mental health and addiction services, provide the department	107664
access to records and information in the possession of the	107665
historical society or state agency for purposes of creating	107666
compilations.	107667

Sec. 5122.47. The department of ~~mental health~~mental health	107668
and addiction services shall deposit a copy of each compilation	107669
with the Ohio historical society and the state library as soon as	107670
a compilation is completed. The department shall not disclose any	107671
record or information used to create a compilation except as	107672
provided in sections 149.43 and 5122.31 of the Revised Code.	107673

Sec. 5123.01. As used in this chapter:

107674

(A) "Chief medical officer" means the licensed physician	107675
appointed by the managing officer of an institution for the	107676
mentally retarded with the approval of the director of	107677
developmental disabilities to provide medical treatment for	107678
residents of the institution.	107679

(B) "Chief program director" means a person with special	107680
training and experience in the diagnosis and management of the	107681
mentally retarded, certified according to division (C) of this	107682
section in at least one of the designated fields, and appointed by	107683
the managing officer of an institution for the mentally retarded	107684
with the approval of the director to provide habilitation and care	107685
for residents of the institution.	107686

(C) "Comprehensive evaluation" means a study, including a	107687
sequence of observations and examinations, of a person leading to	107688
conclusions and recommendations formulated jointly, with	107689
dissenting opinions if any, by a group of persons with special	107690
training and experience in the diagnosis and management of persons	107691
with mental retardation or a developmental disability, which group	107692
shall include individuals who are professionally qualified in the	107693
fields of medicine, psychology, and social work, together with	107694
such other specialists as the individual case may require.	107695

(D) "Education" means the process of formal training and	107696
instruction to facilitate the intellectual and emotional	107697
development of residents.	107698

(E) "Habilitation" means the process by which the staff of	107699
the institution assists the resident in acquiring and maintaining	107700
those life skills that enable the resident to cope more	107701
effectively with the demands of the resident's own person and of	107702
the resident's environment and in raising the level of the	107703
resident's physical, mental, social, and vocational efficiency.	107704
Habilitation includes but is not limited to programs of formal,	107705
structured education and training.	107706

(F) "Health officer" means any public health physician,	107707
public health nurse, or other person authorized or designated by a	107708
city or general health district.	107709

(G) "Home and community-based services" means medicaid-funded	107710
home and community-based services specified in division ~~(B)~~(A)(1)	107711
of section ~~5111.87~~5166.20 of the Revised Code provided under the	107712
medicaid waiver components the department of developmental	107713
disabilities administers pursuant to section ~~5111.871~~5166.21 of	107714
the Revised Code. Except as provided in section 5123.0412 of the	107715
Revised Code, home and community-based services provided under the	107716
medicaid waiver component known as the transitions developmental	107717
disabilities waiver are to be considered to be home and	107718
community-based services for the purposes of this chapter, and	107719
Chapters 5124. and 5126. of the Revised Code, only to the extent,	107720
if any, provided by the contract required by section ~~5111.871~~	107721
5166.21 of the Revised Code regarding the waiver.	107722

(H) "ICF/IID" has the same meaning as in section 5124.01 of	107723
the Revised Code.	107724

(I) "Indigent person" means a person who is unable, without	107725
substantial financial hardship, to provide for the payment of an	107726
attorney and for other necessary expenses of legal representation,	107727
including expert testimony.	107728

~~(I)~~(J) "Institution" means a public or private facility, or a	107729
part of a public or private facility, that is licensed by the	107730
appropriate state department and is equipped to provide	107731
residential habilitation, care, and treatment for the mentally	107732
retarded.	107733

~~(J)~~(K) "Licensed physician" means a person who holds a valid	107734
certificate issued under Chapter 4731. of the Revised Code	107735
authorizing the person to practice medicine and surgery or	107736
osteopathic medicine and surgery, or a medical officer of the	107737
government of the United States while in the performance of the	107738
officer's official duties.	107739

~~(K)~~(L) "Managing officer" means a person who is appointed by	107740
the director of developmental disabilities to be in executive	107741
control of an institution for the mentally retarded under the	107742
jurisdiction of the department.	107743

~~(L) "Medicaid" has the same meaning as in section 5111.01 of~~	107744
~~the Revised Code.~~	107745

(M) "Medicaid case management services" means case management	107746
services provided to an individual with mental retardation or	107747
other developmental disability that the state medicaid plan	107748
requires.	107749

(N) "Mentally retarded person" means a person having	107750
significantly subaverage general intellectual functioning existing	107751
concurrently with deficiencies in adaptive behavior, manifested	107752
during the developmental period.	107753

(O) "Mentally retarded person subject to institutionalization	107754
by court order" means a person eighteen years of age or older who	107755
is at least moderately mentally retarded and in relation to whom,	107756
because of the person's retardation, either of the following	107757
conditions exist:	107758

(1) The person represents a very substantial risk of physical	107759
impairment or injury to self as manifested by evidence that the	107760
person is unable to provide for and is not providing for the	107761
person's most basic physical needs and that provision for those	107762
needs is not available in the community;	107763

(2) The person needs and is susceptible to significant	107764
habilitation in an institution.	107765

(P) "A person who is at least moderately mentally retarded"	107766
means a person who is found, following a comprehensive evaluation,	107767
to be impaired in adaptive behavior to a moderate degree and to be	107768
functioning at the moderate level of intellectual functioning in	107769
accordance with standard measurements as recorded in the most	107770
current revision of the manual of terminology and classification	107771
in mental retardation published by the American association on	107772
mental retardation.	107773

(Q) As used in this division, "substantial functional	107774
limitation," "developmental delay," and "established risk" have	107775
the meanings established pursuant to section 5123.011 of the	107776
Revised Code.	107777

"Developmental disability" means a severe, chronic disability	107778
that is characterized by all of the following:	107779

(1) It is attributable to a mental or physical impairment or	107780
a combination of mental and physical impairments, other than a	107781
mental or physical impairment solely caused by mental illness as	107782
defined in division (A) of section 5122.01 of the Revised Code.	107783

(2) It is manifested before age twenty-two.

107784

(3) It is likely to continue indefinitely.

107785

(4) It results in one of the following:

107786

(a) In the case of a person under three years of age, at	107787
least one developmental delay or an established risk;	107788

(b) In the case of a person at least three years of age but	107789
under six years of age, at least two developmental delays or an	107790
established risk;	107791

(c) In the case of a person six years of age or older, a	107792
substantial functional limitation in at least three of the	107793
following areas of major life activity, as appropriate for the	107794
person's age: self-care, receptive and expressive language,	107795
learning, mobility, self-direction, capacity for independent	107796
living, and, if the person is at least sixteen years of age,	107797
capacity for economic self-sufficiency.	107798

(5) It causes the person to need a combination and sequence	107799
of special, interdisciplinary, or other type of care, treatment,	107800
or provision of services for an extended period of time that is	107801
individually planned and coordinated for the person.	107802

(R) "Developmentally disabled person" means a person with a	107803
developmental disability.	107804

(S) "State institution" means an institution that is	107805
tax-supported and under the jurisdiction of the department.	107806

(T) "Residence" and "legal residence" have the same meaning	107807
as "legal settlement," which is acquired by residing in Ohio for a	107808
period of one year without receiving general assistance prior to	107809
July 17, 1995, under former Chapter 5113. of the Revised Code,	107810
financial assistance under Chapter 5115. of the Revised Code, or	107811
assistance from a private agency that maintains records of	107812
assistance given. A person having a legal settlement in the state	107813
shall be considered as having legal settlement in the assistance	107814
area in which the person resides. No adult person coming into this	107815
state and having a spouse or minor children residing in another	107816
state shall obtain a legal settlement in this state as long as the	107817
spouse or minor children are receiving public assistance, care, or	107818
support at the expense of the other state or its subdivisions. For	107819
the purpose of determining the legal settlement of a person who is	107820
living in a public or private institution or in a home subject to	107821
licensing by the department of job and family services, the	107822
department of ~~mental health~~mental health and addiction services,	107823
or the department of developmental disabilities, the residence of	107824
the person shall be considered as though the person were residing	107825
in the county in which the person was living prior to the person's	107826
entrance into the institution or home. Settlement once acquired	107827
shall continue until a person has been continuously absent from	107828
Ohio for a period of one year or has acquired a legal residence in	107829
another state. A woman who marries a man with legal settlement in	107830
any county immediately acquires the settlement of her husband. The	107831
legal settlement of a minor is that of the parents, surviving	107832
parent, sole parent, parent who is designated the residential	107833
parent and legal custodian by a court, other adult having	107834
permanent custody awarded by a court, or guardian of the person of	107835
the minor, provided that:	107836

(1) A minor female who marries shall be considered to have	107837
the legal settlement of her husband and, in the case of death of	107838
her husband or divorce, she shall not thereby lose her legal	107839
settlement obtained by the marriage.	107840

(2) A minor male who marries, establishes a home, and who has	107841
resided in this state for one year without receiving general	107842
assistance prior to July 17, 1995, under former Chapter 5113. of	107843
the Revised Code, financial assistance under Chapter 5115. of the	107844
Revised Code, or assistance from a private agency that maintains	107845
records of assistance given shall be considered to have obtained a	107846
legal settlement in this state.	107847

(3) The legal settlement of a child under eighteen years of	107848
age who is in the care or custody of a public or private child	107849
caring agency shall not change if the legal settlement of the	107850
parent changes until after the child has been in the home of the	107851
parent for a period of one year.	107852

No person, adult or minor, may establish a legal settlement	107853
in this state for the purpose of gaining admission to any state	107854
institution.	107855

(U)(1) "Resident" means, subject to division ~~(R)~~(U)(2) of	107856
this section, a person who is admitted either voluntarily or	107857
involuntarily to an institution or other facility pursuant to	107858
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	107859
Code subsequent to a finding of not guilty by reason of insanity	107860
or incompetence to stand trial or under this chapter who is under	107861
observation or receiving habilitation and care in an institution.	107862

(2) "Resident" does not include a person admitted to an	107863
institution or other facility under section 2945.39, 2945.40,	107864
2945.401, or 2945.402 of the Revised Code to the extent that the	107865
reference in this chapter to resident, or the context in which the	107866
reference occurs, is in conflict with any provision of sections	107867
2945.37 to 2945.402 of the Revised Code.	107868

(V) "Respondent" means the person whose detention,	107869
commitment, or continued commitment is being sought in any	107870
proceeding under this chapter.	107871

(W) "Working day" and "court day" mean Monday, Tuesday,	107872
Wednesday, Thursday, and Friday, except when such day is a legal	107873
holiday.	107874

(X) "Prosecutor" means the prosecuting attorney, village	107875
solicitor, city director of law, or similar chief legal officer	107876
who prosecuted a criminal case in which a person was found not	107877
guilty by reason of insanity, who would have had the authority to	107878
prosecute a criminal case against a person if the person had not	107879
been found incompetent to stand trial, or who prosecuted a case in	107880
which a person was found guilty.	107881

(Y) "Court" means the probate division of the court of common	107882
pleas.	107883

(Z) "Supported living" and "residential services" have the	107884
same meanings as in section 5126.01 of the Revised Code.	107885

Sec. 5123.021. (A) As used in this section, "mentally	107886
retarded individual" and "specialized services" have the same	107887
meanings as in section ~~5111.202~~5165.03 of the Revised Code.	107888

(B)(1) Except as provided in division (B)(2) of this section	107889
and rules adopted under division (E)(3) of this section, for	107890
purposes of section ~~5111.202~~5165.03 of the Revised Code, the	107891
department of developmental disabilities shall determine in	107892
accordance with section 1919(e)(7) of the "Social Security Act,"	107893
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and regulations	107894
adopted under section 1919(f)(8)(A) of that act whether, because	107895
of the individual's physical and mental condition, a mentally	107896
retarded individual seeking admission to a nursing facility	107897
requires the level of services provided by a nursing facility and,	107898
if the individual requires that level of services, whether the	107899
individual requires specialized services for mental retardation.	107900

(2) A determination under this division is not required for	107901
any of the following:	107902

(a) An individual seeking readmission to a nursing facility	107903
after having been transferred from a nursing facility to a	107904
hospital for care;	107905

(b) An individual who meets all of the following conditions:

107906

(i) The individual is admitted to the nursing facility	107907
directly from a hospital after receiving inpatient care at the	107908
hospital;	107909

(ii) The individual requires nursing facility services for	107910
the condition for which the individual received care in the	107911
hospital;	107912

(iii) The individual's attending physician has certified,	107913
before admission to the nursing facility, that the individual is	107914
likely to require less than thirty days of nursing facility	107915
services.	107916

(c) An individual transferred from one nursing facility to	107917
another nursing facility, with or without an intervening hospital	107918
stay.	107919

(C) Except as provided in rules adopted under division (F)(3)	107920
of this section, the department of developmental disabilities	107921
shall review and determine, for each resident of a nursing	107922
facility who is mentally retarded, whether the resident, because	107923
of the resident's physical and mental condition, requires the	107924
level of services provided by a nursing facility and whether the	107925
resident requires specialized services for mental retardation. The	107926
review and determination shall be conducted in accordance with	107927
section 1919(e)(7) of the "Social Security Act" and the	107928
regulations adopted under section 1919(f)(8)(A) of the act. The	107929
review and determination shall be completed promptly after a	107930
nursing facility has notified the department that there has been a	107931
significant change in the resident's mental or physical condition.	107932

(D)(1) In the case of a nursing facility resident who has	107933
continuously resided in a nursing facility for at least thirty	107934
months before the date of a review and determination under	107935
division (C) of this section, if the resident is determined not to	107936
require the level of services provided by a nursing facility, but	107937
is determined to require specialized services for mental	107938
retardation, the department, in consultation with the resident's	107939
family or legal representative and care givers, shall do all of	107940
the following:	107941

(a) Inform the resident of the institutional and	107942
noninstitutional alternatives covered under the state plan for	107943
medical assistance;	107944

(b) Offer the resident the choice of remaining in the nursing	107945
facility or receiving covered services in an alternative	107946
institutional or noninstitutional setting;	107947

(c) Clarify the effect on eligibility for services under the	107948
state plan for medical assistance if the resident chooses to leave	107949
the facility, including its effect on readmission to the facility;	107950

(d) Provide for or arrange for the provision of specialized	107951
services for the resident's mental retardation in the setting	107952
chosen by the resident.	107953

(2) In the case of a nursing facility resident who has	107954
continuously resided in a nursing facility for less than thirty	107955
months before the date of the review and determination under	107956
division (C) of this section, if the resident is determined not to	107957
require the level of services provided by a nursing facility, but	107958
is determined to require specialized services for mental	107959
retardation, or if the resident is determined to require neither	107960
the level of services provided by a nursing facility nor	107961
specialized services for mental retardation, the department shall	107962
act in accordance with its alternative disposition plan approved	107963
by the United States department of health and human services under	107964
section 1919(e)(7)(E) of the "Social Security Act."	107965

(3) In the case of an individual who is determined under	107966
division (B) or (C) of this section to require both the level of	107967
services provided by a nursing facility and specialized services	107968
for mental retardation, the department of developmental	107969
disabilities shall provide or arrange for the provision of the	107970
specialized services needed by the individual or resident while	107971
residing in a nursing facility.	107972

(E) The department of developmental disabilities shall adopt	107973
rules in accordance with Chapter 119. of the Revised Code that do	107974
all of the following:	107975

(1) Establish criteria to be used in making the	107976
determinations required by divisions (B) and (C) of this section.	107977
The criteria shall not exceed the criteria established by	107978
regulations adopted by the United States department of health and	107979
human services under section 1919(f)(8)(A) of the "Social Security	107980
Act."	107981

(2) Specify information to be provided by the individual or	107982
nursing facility resident being assessed;	107983

(3) Specify any circumstances, in addition to circumstances	107984
listed in division (B) of this section, under which determinations	107985
under divisions (B) and (C) of this section are not required to be	107986
made.	107987

Sec. 5123.022. It(A) As used in this section:

107988

(1) "Community employment" means competitive employment that	107989
takes place in an integrated setting.	107990

(2) "Competitive employment" means full-time or part-time	107991
work in the competitive labor market in which payment is at or	107992
above the minimum wage but not less than the customary wage and	107993
level of benefits paid by the employer for the same or similar	107994
work performed by persons who are not disabled.	107995

(3) "Integrated setting" means a setting typically found in	107996
the community where individuals with developmental disabilities	107997
interact with individuals who do not have disabilities to the same	107998
extent that individuals in comparable positions who are not	107999
disabled interact with other individuals, including in employment	108000
settings in which employees interact with the community through	108001
technology.	108002

(B) It is hereby declared to be the policy of this state that	108003
employment services for individuals with developmental	108004
disabilities be directed at ~~placement whenever possible of each~~	108005
~~individual in a position in the~~ community ~~in which the individual~~	108006
~~is integrated with the employer's other workers who are not~~	108007
~~developmentally disabled~~employment. ~~The~~Every individual with a	108008
developmental disability is presumed capable of community	108009
employment.	108010

The departments of developmental disabilities, education,	108011
medicaid, job and family services, and ~~mental health~~mental health	108012
and addiction services; the ~~rehabilitation services commission~~	108013
opportunities for Ohioans with disabilities agency; and each other	108014
state agency that provides employment services to individuals with	108015
developmental disabilities shall implement ~~this~~the policy of	108016
this state and ensure that it is followed whenever employment	108017
services are provided to individuals with developmental	108018
disabilities.	108019

The department of developmental disabilities shall coordinate	108020
the actions taken by state agencies to comply with the state's	108021
policy. Agencies shall collaborate within their divisions and with	108022
each other to ensure that state programs, policies, procedures,	108023
and funding support competitive and integrated employment of	108024
individuals with developmental disabilities. State agencies shall	108025
share information with the department, and the department shall	108026
track progress toward full implementation of the policy. The	108027
department, in coordination with any task force established by the	108028
governor, shall compile data and annually submit to the governor a	108029
report on implementation of the policy.	108030

The department and state agencies may adopt rules to	108031
implement the state's policy.	108032

(C) The state's policy articulated in this section is	108033
intended to promote the right of each individual with a	108034
developmental disability to informed choice; however, nothing in	108035
this section requires any employer to give preference in hiring to	108036
an individual because the individual has a disability.	108037

Sec. 5123.023. (A) The director of developmental	108038
disabilities may establish an employment first task force	108039
consisting of the departments of developmental disabilities,	108040
education, medicaid, job and family services, and mental health	108041
and addiction services; and the opportunities for Ohioans with	108042
disabilities agency. The purpose of the task force shall be to	108043
improve the coordination of the state's efforts to address the	108044
needs of individuals with developmental disabilities who seek	108045
community employment as defined in section 5123.022 of the Revised	108046
Code.	108047

(B) The department of developmental disabilities may enter	108048
into interagency agreements with any of the government entities on	108049
the task force. The interagency agreements may specify either or	108050
both of the following:	108051

(1) The roles and responsibilities of the government entities	108052
that are members of the task force, including any money to be	108053
contributed by those entities;	108054

(2) The projects and activities of the task force.

108055

(C) There is hereby created in the state treasury the	108056
employment first taskforce fund. Any money received by the task	108057
force from its members shall be credited to the fund. The	108058
department of developmental disabilities shall use the fund to	108059
support the work of the task force.	108060

(D) The task force shall cease to exist on January 1, 2020.	108061
Any money, assets, or employees of the department of developmental	108062
disabilities that on that date are dedicated to the work of the	108063
task force shall be reallocated by the department for employment	108064
services for individuals with developmental disabilities.	108065

Sec. 5123.03. (A) The department of developmental	108066
disabilities shall do all of the following:	108067

(1) Maintain, operate, manage, and govern all state	108068
institutions for the care, treatment, and training of the mentally	108069
retarded;	108070

(2) Designate all such institutions by appropriate names;

108071

(3) Provide and designate facilities for the custody, care,	108072
and special treatment of persons of the following classes:	108073

(a) Dangerous persons in state institutions for the mentally	108074
retarded who represent a serious threat to the safety of the other	108075
patients of the institution;	108076

(b) Persons charged with crimes who are found incompetent to	108077
stand trial or not guilty by reason of insanity and who are also	108078
mentally retarded persons subject to institutionalization by court	108079
order.	108080

(4) Have control of all institutions maintained in part by	108081
the state for the care, treatment, and training of the mentally	108082
retarded;	108083

(5) Administer the laws relative to persons in such	108084
institutions in an efficient, economical, and humane manner;	108085

(6) Ascertain by actual examinations and inquiry whether	108086
institutionalizations are made according to law.	108087

(B) The department may do any of the following:

108088

(1) Subject to section 5139.08 of the Revised Code, receive	108089
from the department of youth services for observation, diagnosis,	108090
care, habilitation, or placement any children in the custody of	108091
the department of youth services;	108092

(2) Receive for observation any minor from a public	108093
institution other than an institution under the jurisdiction of	108094
the department of developmental disabilities, from a private	108095
charitable institution, or from a person having legal custody of	108096
such a minor, upon such terms as are proper;	108097

(3) Receive from the department of ~~mental health~~mental	108098
health and addiction services any patient in the custody of the	108099
department who is transferred to the department of developmental	108100
disabilities upon such terms and conditions as may be agreed upon	108101
by the two departments.	108102

(C) In addition to the powers and duties expressly conferred	108103
by this section, the department may take any other action	108104
necessary for the full and efficient executive, administrative,	108105
and fiscal supervision of the state institutions described in this	108106
section.	108107

Sec. 5123.0412. (A) The department of developmental	108108
disabilities shall charge each county board of developmental	108109
disabilities an annual fee equal to one and one-quarter per cent	108110
of the total value of all medicaid paid claims for home and	108111
community-based services provided during the year to an individual	108112
eligible for services from the county board. However, the	108113
department shall not charge the fee for home and community-based	108114
services provided under the medicaid waiver component known as the	108115
transitions developmental disabilities waiver. No county board	108116
shall pass the cost of a fee charged to the county board under	108117
this section on to another provider of these services.	108118

(B) The fees collected under this section shall be deposited	108119
into the ODDD administration and oversight fund ~~and the ODJFS~~	108120
~~administration and oversight fund, both of~~ , which ~~are~~is hereby	108121
created in the state treasury. ~~The portion of the fees to be~~	108122
~~deposited into the ODDD administration and oversight fund and the~~	108123
~~portion of the fees to be deposited into the ODJFS administration~~	108124
~~and oversight fund shall be the portion specified in an~~	108125
~~interagency agreement entered into under division (C) of this~~	108126
~~section.~~ The department ~~of developmental disabilities~~ shall use	108127
the money in the ODDD administration and oversight fund ~~and the~~	108128
~~department of job and family services shall use the money in the~~	108129
~~ODJFS administration and oversight fund~~ for both of the following	108130
purposes:	108131

(1) Medicaid administrative costs, including administrative	108132
and oversight costs of medicaid case management services and home	108133
and community-based services. The administrative and oversight	108134
costs of medicaid case management services and home and	108135
community-based services shall include costs for staff, systems,	108136
and other resources the ~~departments need~~department needs and	108137
~~dedicate~~dedicates solely to the following duties associated with	108138
the services:	108139

(a) Eligibility determinations;

108140

(b) Training;

108141

108142

(d) Claims processing;

108143

(e) Quality assurance oversight;

108144

(f) Other duties the ~~departments identify~~department	108145
identifies.	108146

(2) Providing technical support to county boards' local	108147
administrative authority under section 5126.055 of the Revised	108148
Code for the services.	108149

(C) ~~The departments of developmental disabilities and job and~~	108150
~~family services shall enter into an interagency agreement to do~~	108151
~~both of the following:~~	108152

~~(1) Specify which portion of the fees collected under this~~	108153
~~section is to be deposited into the ODDD administration and~~	108154
~~oversight fund and which portion is to be deposited into the ODJFS~~	108155
~~administration and oversight fund;~~	108156

~~(2) Provide for the departments to coordinate the staff whose~~	108157
~~costs are paid for with money in the ODDD administration and~~	108158
~~oversight fund and the ODJFS administration and oversight fund.~~	108159

~~(D)~~ The ~~departments~~department shall submit an annual report	108160
to the director of budget and management certifying how the	108161
~~departments~~department spent the money in the ODDD administration	108162
and oversight fund ~~and the ODJFS administration and oversight fund~~	108163
for the purposes specified in division (B) of this section.	108164

Sec. 5123.0417. (A) The director of developmental	108165
disabilities shall establish one or more programs for individuals	108166
under twenty-two years of age who have intensive behavioral needs,	108167
including such individuals with a primary diagnosis of autism	108168
spectrum disorder. The programs may include one or more medicaid	108169
waiver components that the director administers pursuant to	108170
section ~~5111.871~~5166.21 of the Revised Code. The programs may do	108171
one or more of the following:	108172

(1) Establish models that incorporate elements common to	108173
effective intervention programs and evidence-based practices in	108174
services for children with intensive behavioral needs;	108175

(2) Design a template for individualized education plans and	108176
individual service plans that provide consistent intervention	108177
programs and evidence-based practices for the care and treatment	108178
of children with intensive behavioral needs;	108179

(3) Disseminate best practice guidelines for use by families	108180
of children with intensive behavioral needs and professionals	108181
working with such families;	108182

(4) Develop a transition planning model for effectively	108183
mainstreaming school-age children with intensive behavioral needs	108184
to their public school district;	108185

(5) Contribute to the field of early and effective	108186
identification and intervention programs for children with	108187
intensive behavioral needs by providing financial support for	108188
scholarly research and publication of clinical findings.	108189

(B) The director of developmental disabilities shall	108190
collaborate with the medicaid director ~~of job and family services~~	108191
and consult with the executive director of the Ohio center for	108192
autism and low incidence and university-based programs that	108193
specialize in services for individuals with developmental	108194
disabilities when establishing programs under this section.	108195

Sec. 5123.09. Subject to the rules of the department of	108196
developmental disabilities, each institution under the	108197
jurisdiction of the department shall be under the control of a	108198
managing officer to be known as a superintendent or by other	108199
appropriate title. The managing officer shall be appointed by the	108200
director of developmental disabilities and shall be in the	108201
unclassified service and serve at the pleasure of the director.	108202
Each managing officer shall be of good moral character and have	108203
skill, ability, and experience in the managing officer's	108204
profession. Appointment to the position of managing officer of an	108205
institution may be made from persons holding positions in the	108206
classified service in the department.	108207

The managing officer, under the director, shall have entire	108208
executive charge of the institution for which the managing officer	108209
is appointed, except as provided in section ~~5119.16~~5119.44 of the	108210
Revised Code. Subject to civil service rules and rules adopted by	108211
the department, the managing officer shall appoint the necessary	108212
employees, and the managing officer or the director may remove	108213
those employees for cause. A report of all appointments,	108214
resignations, and discharges shall be filed with the appropriate	108215
division at the close of each month.	108216

After conference with the managing officer of each	108217
institution, the director shall determine the number of employees	108218
to be appointed to the various institutions and clinics.	108219

Sec. 5123.171. As used in this section, "respite care" means	108220
appropriate, short-term, temporary care provided to a mentally	108221
retarded or developmentally disabled person to sustain the family	108222
structure or to meet planned or emergency needs of the family.	108223

The department of developmental disabilities shall provide	108224
respite care services to persons with mental retardation or a	108225
developmental disability for the purpose of promoting	108226
self-sufficiency and normalization, preventing or reducing	108227
inappropriate institutional care, and furthering the unity of the	108228
family by enabling the family to meet the special needs of a	108229
mentally retarded or developmentally disabled person.	108230

In order to be eligible for respite care services under this	108231
section, the mentally retarded or developmentally disabled person	108232
must be in need of habilitation services as defined in section	108233
5126.01 of the Revised Code.	108234

Respite care may be provided in a residential facility	108235
licensed under section 5123.19 of the Revised Code (, including a	108236
residential facility certified as an ~~intermediate care facility~~	108237
~~for the mentally retarded under Title XIX of the "Social Security~~	108238
~~Act," 79 Stat. 344 (1965), 42 U.S.C. 1396, et seq., as amended)~~	108239
ICF/IID, and a respite care home certified under section 5126.05	108240
of the Revised Code.	108241

The department shall develop a system for locating vacant	108242
beds that are available for respite care and for making	108243
information on vacant beds available to users of respite care	108244
services. ~~Facilities certified as intermediate care facilities for~~	108245
~~the mentally retarded~~ICFs/IID shall report vacant beds to the	108246
department but shall not be required to accept respite care	108247
clients.	108248

The director of developmental disabilities shall adopt, and	108249
may amend or rescind, rules in accordance with Chapter 119. of the	108250
Revised Code for both of the following:	108251

(A) Certification by county boards of developmental	108252
disabilities of respite care homes;	108253

(B) Provision of respite care services authorized by this	108254
section. Rules adopted under this division shall establish all of	108255
the following:	108256

(1) A formula for distributing funds appropriated for respite	108257
care services;	108258

(2) Standards for supervision, training and quality control	108259
in the provision of respite care services;	108260

(3) Eligibility criteria for emergency respite care services.

108261

Sec. 5123.19. (A) As used in sections 5123.19 to 5123.20 of	108262
the Revised Code:	108263

(1) "Independent living arrangement" means an arrangement in	108264
which a mentally retarded or developmentally disabled person	108265
resides in an individualized setting chosen by the person or the	108266
person's guardian, which is not dedicated principally to the	108267
provision of residential services for mentally retarded or	108268
developmentally disabled persons, and for which no financial	108269
support is received for rendering such service from any	108270
governmental agency by a provider of residential services.	108271

(2) ~~"Intermediate care facility for the mentally retarded"~~	108272
~~has the same meaning as in section 1905(d) of the "Social Security~~	108273
~~Act," 101 Stat. 1330-204 (1987), 42 U.S.C. 1396d(d), as amended.~~	108274

~~(3)~~ "Licensee" means the person or government agency that has	108275
applied for a license to operate a residential facility and to	108276
which the license was issued under this section.	108277

~~(4)~~(3) "Political subdivision" means a municipal corporation,	108278
county, or township.	108279

~~(5)~~(4) "Related party" has the same meaning as in section	108280
5123.16 of the Revised Code except that "provider" as used in the	108281
definition of "related party" means a person or government entity	108282
that held or applied for a license to operate a residential	108283
facility, rather than a person or government entity certified to	108284
provide supported living.	108285

~~(6)~~(5)(a) Except as provided in division (A)~~(6)~~(5)(b) of this	108286
section, "residential facility" means a home or facility,	108287
including ~~a facility certified as an intermediate care facility~~	108288
~~for the mentally retarded~~an ICF/IID, in which an individual with	108289
mental retardation or a developmental disability resides.	108290

(b) "Residential facility" does not mean any of the	108291
following:	108292

(i) The home of a relative or legal guardian in which an	108293
individual with mental retardation or a developmental disability	108294
resides;	108295

(ii) A respite care home certified under section 5126.05 of	108296
the Revised Code;	108297

(iii) A county home or district home operated pursuant to	108298
Chapter 5155. of the Revised Code;	108299

(iv) A dwelling in which the only residents with mental	108300
retardation or developmental disabilities are in independent	108301
living arrangements or are being provided supported living.	108302

(B) Every person or government agency desiring to operate a	108303
residential facility shall apply for licensure of the facility to	108304
the director of developmental disabilities unless the residential	108305
facility is subject to section 3721.02, 5103.03, ~~5119.20~~5119.33,	108306
or division (A)(9)(b) of section ~~5119.22~~5119.34 of the Revised	108307
Code.	108308

(C) Subject to section 5123.196 of the Revised Code, the	108309
director of developmental disabilities shall license the operation	108310
of residential facilities. An initial license shall be issued for	108311
a period that does not exceed one year, unless the director denies	108312
the license under division (D) of this section. A license shall be	108313
renewed for a period that does not exceed three years, unless the	108314
director refuses to renew the license under division (D) of this	108315
section. The director, when issuing or renewing a license, shall	108316
specify the period for which the license is being issued or	108317
renewed. A license remains valid for the length of the licensing	108318
period specified by the director, unless the license is	108319
terminated, revoked, or voluntarily surrendered.	108320

(D) If it is determined that an applicant or licensee is not	108321
in compliance with a provision of this chapter that applies to	108322
residential facilities or the rules adopted under such a	108323
provision, the director may deny issuance of a license, refuse to	108324
renew a license, terminate a license, revoke a license, issue an	108325
order for the suspension of admissions to a facility, issue an	108326
order for the placement of a monitor at a facility, issue an order	108327
for the immediate removal of residents, or take any other action	108328
the director considers necessary consistent with the director's	108329
authority under this chapter regarding residential facilities. In	108330
the director's selection and administration of the sanction to be	108331
imposed, all of the following apply:	108332

(1) The director may deny, refuse to renew, or revoke a	108333
license, if the director determines that the applicant or licensee	108334
has demonstrated a pattern of serious noncompliance or that a	108335
violation creates a substantial risk to the health and safety of	108336
residents of a residential facility.	108337

(2) The director may terminate a license if more than twelve	108338
consecutive months have elapsed since the residential facility was	108339
last occupied by a resident or a notice required by division (K)	108340
of this section is not given.	108341

(3) The director may issue an order for the suspension of	108342
admissions to a facility for any violation that may result in	108343
sanctions under division (D)(1) of this section and for any other	108344
violation specified in rules adopted under division (H)(2) of this	108345
section. If the suspension of admissions is imposed for a	108346
violation that may result in sanctions under division (D)(1) of	108347
this section, the director may impose the suspension before	108348
providing an opportunity for an adjudication under Chapter 119. of	108349
the Revised Code. The director shall lift an order for the	108350
suspension of admissions when the director determines that the	108351
violation that formed the basis for the order has been corrected.	108352

(4) The director may order the placement of a monitor at a	108353
residential facility for any violation specified in rules adopted	108354
under division (H)(2) of this section. The director shall lift the	108355
order when the director determines that the violation that formed	108356
the basis for the order has been corrected.	108357

(5) If the director determines that two or more residential	108358
facilities owned or operated by the same person or government	108359
entity are not being operated in compliance with a provision of	108360
this chapter that applies to residential facilities or the rules	108361
adopted under such a provision, and the director's findings are	108362
based on the same or a substantially similar action, practice,	108363
circumstance, or incident that creates a substantial risk to the	108364
health and safety of the residents, the director shall conduct a	108365
survey as soon as practicable at each residential facility owned	108366
or operated by that person or government entity. The director may	108367
take any action authorized by this section with respect to any	108368
facility found to be operating in violation of a provision of this	108369
chapter that applies to residential facilities or the rules	108370
adopted under such a provision.	108371

(6) When the director initiates license revocation	108372
proceedings, no opportunity for submitting a plan of correction	108373
shall be given. The director shall notify the licensee by letter	108374
of the initiation of the proceedings. The letter shall list the	108375
deficiencies of the residential facility and inform the licensee	108376
that no plan of correction will be accepted. The director shall	108377
also send a copy of the letter to the county board of	108378
developmental disabilities. The county board shall send a copy of	108379
the letter to each of the following:	108380

(a) Each resident who receives services from the licensee;

108381

(b) The guardian of each resident who receives services from	108382
the licensee if the resident has a guardian;	108383

(c) The parent or guardian of each resident who receives	108384
services from the licensee if the resident is a minor.	108385

(7) Pursuant to rules which shall be adopted in accordance	108386
with Chapter 119. of the Revised Code, the director may order the	108387
immediate removal of residents from a residential facility	108388
whenever conditions at the facility present an immediate danger of	108389
physical or psychological harm to the residents.	108390

(8) In determining whether a residential facility is being	108391
operated in compliance with a provision of this chapter that	108392
applies to residential facilities or the rules adopted under such	108393
a provision, or whether conditions at a residential facility	108394
present an immediate danger of physical or psychological harm to	108395
the residents, the director may rely on information obtained by a	108396
county board of developmental disabilities or other governmental	108397
agencies.	108398

(9) In proceedings initiated to deny, refuse to renew, or	108399
revoke licenses, the director may deny, refuse to renew, or revoke	108400
a license regardless of whether some or all of the deficiencies	108401
that prompted the proceedings have been corrected at the time of	108402
the hearing.	108403

(E) The director shall establish a program under which public	108404
notification may be made when the director has initiated license	108405
revocation proceedings or has issued an order for the suspension	108406
of admissions, placement of a monitor, or removal of residents.	108407
The director shall adopt rules in accordance with Chapter 119. of	108408
the Revised Code to implement this division. The rules shall	108409
establish the procedures by which the public notification will be	108410
made and specify the circumstances for which the notification must	108411
be made. The rules shall require that public notification be made	108412
if the director has taken action against the facility in the	108413
eighteen-month period immediately preceding the director's latest	108414
action against the facility and the latest action is being taken	108415
for the same or a substantially similar violation of a provision	108416
of this chapter that applies to residential facilities or the	108417
rules adopted under such a provision. The rules shall specify a	108418
method for removing or amending the public notification if the	108419
director's action is found to have been unjustified or the	108420
violation at the residential facility has been corrected.	108421

(F)(1) Except as provided in division (F)(2) of this section,	108422
appeals from proceedings initiated to impose a sanction under	108423
division (D) of this section shall be conducted in accordance with	108424
Chapter 119. of the Revised Code.	108425

(2) Appeals from proceedings initiated to order the	108426
suspension of admissions to a facility shall be conducted in	108427
accordance with Chapter 119. of the Revised Code, unless the order	108428
was issued before providing an opportunity for an adjudication, in	108429
which case all of the following apply:	108430

(a) The licensee may request a hearing not later than ten	108431
days after receiving the notice specified in section 119.07 of the	108432
Revised Code.	108433

(b) If a timely request for a hearing that includes the	108434
licensee's current address is made, the hearing shall commence not	108435
later than thirty days after the department receives the request.	108436

(c) After commencing, the hearing shall continue	108437
uninterrupted, except for Saturdays, Sundays, and legal holidays,	108438
unless other interruptions are agreed to by the licensee and the	108439
director.	108440

(d) If the hearing is conducted by a hearing examiner, the	108441
hearing examiner shall file a report and recommendations not later	108442
than ten days after the last of the following:	108443

(i) The close of the hearing;

108444

(ii) If a transcript of the proceedings is ordered, the	108445
hearing examiner receives the transcript;	108446

(iii) If post-hearing briefs are timely filed, the hearing	108447
examiner receives the briefs.	108448

(e) A copy of the written report and recommendation of the	108449
hearing examiner shall be sent, by certified mail, to the licensee	108450
and the licensee's attorney, if applicable, not later than five	108451
days after the report is filed.	108452

(f) Not later than five days after the hearing examiner files	108453
the report and recommendations, the licensee may file objections	108454
to the report and recommendations.	108455

(g) Not later than fifteen days after the hearing examiner	108456
files the report and recommendations, the director shall issue an	108457
order approving, modifying, or disapproving the report and	108458
recommendations.	108459

(h) Notwithstanding the pendency of the hearing, the director	108460
shall lift the order for the suspension of admissions when the	108461
director determines that the violation that formed the basis for	108462
the order has been corrected.	108463

(G) Neither a person or government agency whose application	108464
for a license to operate a residential facility is denied nor a	108465
related party of the person or government agency may apply for a	108466
license to operate a residential facility before the date that is	108467
one year after the date of the denial. Neither a licensee whose	108468
residential facility license is revoked nor a related party of the	108469
licensee may apply for a residential facility license before the	108470
date that is five years after the date of the revocation.	108471

(H) In accordance with Chapter 119. of the Revised Code, the	108472
director shall adopt and may amend and rescind rules for licensing	108473
and regulating the operation of residential facilities. The rules	108474
for residential facilities that are ~~intermediate care facilities~~	108475
~~for the mentally retarded~~ICFs/IID may differ from those for other	108476
residential facilities. The rules shall establish and specify the	108477
following:	108478

(1) Procedures and criteria for issuing and renewing	108479
licenses, including procedures and criteria for determining the	108480
length of the licensing period that the director must specify for	108481
each license when it is issued or renewed;	108482

(2) Procedures and criteria for denying, refusing to renew,	108483
terminating, and revoking licenses and for ordering the suspension	108484
of admissions to a facility, placement of a monitor at a facility,	108485
and the immediate removal of residents from a facility;	108486

(3) Fees for issuing and renewing licenses, which shall be	108487
deposited into the program fee fund created under section 5123.033	108488
of the Revised Code;	108489

(4) Procedures for surveying residential facilities;

108490

(5) Requirements for the training of residential facility	108491
personnel;	108492

(6) Classifications for the various types of residential	108493
facilities;	108494

(7) Certification procedures for licensees and management	108495
contractors that the director determines are necessary to ensure	108496
that they have the skills and qualifications to properly operate	108497
or manage residential facilities;	108498

(8) The maximum number of persons who may be served in a	108499
particular type of residential facility;	108500

(9) Uniform procedures for admission of persons to and	108501
transfers and discharges of persons from residential facilities;	108502

(10) Other standards for the operation of residential	108503
facilities and the services provided at residential facilities;	108504

(11) Procedures for waiving any provision of any rule adopted	108505
under this section.	108506

(I) Before issuing a license, the director of the department	108507
or the director's designee shall conduct a survey of the	108508
residential facility for which application is made. The director	108509
or the director's designee shall conduct a survey of each licensed	108510
residential facility at least once during the period the license	108511
is valid and may conduct additional inspections as needed. A	108512
survey includes but is not limited to an on-site examination and	108513
evaluation of the residential facility, its personnel, and the	108514
services provided there.	108515

In conducting surveys, the director or the director's	108516
designee shall be given access to the residential facility; all	108517
records, accounts, and any other documents related to the	108518
operation of the facility; the licensee; the residents of the	108519
facility; and all persons acting on behalf of, under the control	108520
of, or in connection with the licensee. The licensee and all	108521
persons on behalf of, under the control of, or in connection with	108522
the licensee shall cooperate with the director or the director's	108523
designee in conducting the survey.	108524

Following each survey, unless the director initiates a	108525
license revocation proceeding, the director or the director's	108526
designee shall provide the licensee with a report listing any	108527
deficiencies, specifying a timetable within which the licensee	108528
shall submit a plan of correction describing how the deficiencies	108529
will be corrected, and, when appropriate, specifying a timetable	108530
within which the licensee must correct the deficiencies. After a	108531
plan of correction is submitted, the director or the director's	108532
designee shall approve or disapprove the plan. A copy of the	108533
report and any approved plan of correction shall be provided to	108534
any person who requests it.	108535

The director shall initiate disciplinary action against any	108536
department employee who notifies or causes the notification to any	108537
unauthorized person of an unannounced survey of a residential	108538
facility by an authorized representative of the department.	108539

(J) In addition to any other information which may be	108540
required of applicants for a license pursuant to this section, the	108541
director shall require each applicant to provide a copy of an	108542
approved plan for a proposed residential facility pursuant to	108543
section 5123.042 of the Revised Code. This division does not apply	108544
to renewal of a license or to an applicant for an initial or	108545
modified license who meets the requirements of section 5123.197 of	108546
the Revised Code.	108547

(K) A licensee shall notify the owner of the building in	108548
which the licensee's residential facility is located of any	108549
significant change in the identity of the licensee or management	108550
contractor before the effective date of the change if the licensee	108551
is not the owner of the building.	108552

Pursuant to rules which shall be adopted in accordance with	108553
Chapter 119. of the Revised Code, the director may require	108554
notification to the department of any significant change in the	108555
ownership of a residential facility or in the identity of the	108556
licensee or management contractor. If the director determines that	108557
a significant change of ownership is proposed, the director shall	108558
consider the proposed change to be an application for development	108559
by a new operator pursuant to section 5123.042 of the Revised Code	108560
and shall advise the applicant within sixty days of the	108561
notification that the current license shall continue in effect or	108562
a new license will be required pursuant to this section. If the	108563
director requires a new license, the director shall permit the	108564
facility to continue to operate under the current license until	108565
the new license is issued, unless the current license is revoked,	108566
refused to be renewed, or terminated in accordance with Chapter	108567
119. of the Revised Code.	108568

(L) A county board of developmental disabilities and any	108569
interested person may file complaints alleging violations of	108570
statute or department rule relating to residential facilities with	108571
the department. All complaints shall be in writing and shall state	108572
the facts constituting the basis of the allegation. The department	108573
shall not reveal the source of any complaint unless the	108574
complainant agrees in writing to waive the right to	108575
confidentiality or until so ordered by a court of competent	108576
jurisdiction.	108577

The department shall adopt rules in accordance with Chapter	108578
119. of the Revised Code establishing procedures for the receipt,	108579
referral, investigation, and disposition of complaints filed with	108580
the department under this division.	108581

(M) The department shall establish procedures for the	108582
notification of interested parties of the transfer or interim care	108583
of residents from residential facilities that are closing or are	108584
losing their license.	108585

(N) Before issuing a license under this section to a	108586
residential facility that will accommodate at any time more than	108587
one mentally retarded or developmentally disabled individual, the	108588
director shall, by first class mail, notify the following:	108589

(1) If the facility will be located in a municipal	108590
corporation, the clerk of the legislative authority of the	108591
municipal corporation;	108592

(2) If the facility will be located in unincorporated	108593
territory, the clerk of the appropriate board of county	108594
commissioners and the fiscal officer of the appropriate board of	108595
township trustees.	108596

The director shall not issue the license for ten days after	108597
mailing the notice, excluding Saturdays, Sundays, and legal	108598
holidays, in order to give the notified local officials time in	108599
which to comment on the proposed issuance.	108600

Any legislative authority of a municipal corporation, board	108601
of county commissioners, or board of township trustees that	108602
receives notice under this division of the proposed issuance of a	108603
license for a residential facility may comment on it in writing to	108604
the director within ten days after the director mailed the notice,	108605
excluding Saturdays, Sundays, and legal holidays. If the director	108606
receives written comments from any notified officials within the	108607
specified time, the director shall make written findings	108608
concerning the comments and the director's decision on the	108609
issuance of the license. If the director does not receive written	108610
comments from any notified local officials within the specified	108611
time, the director shall continue the process for issuance of the	108612
license.	108613

(O) Any person may operate a licensed residential facility	108614
that provides room and board, personal care, habilitation	108615
services, and supervision in a family setting for at least six but	108616
not more than eight persons with mental retardation or a	108617
developmental disability as a permitted use in any residential	108618
district or zone, including any single-family residential district	108619
or zone, of any political subdivision. These residential	108620
facilities may be required to comply with area, height, yard, and	108621
architectural compatibility requirements that are uniformly	108622
imposed upon all single-family residences within the district or	108623
zone.	108624

(P) Any person may operate a licensed residential facility	108625
that provides room and board, personal care, habilitation	108626
services, and supervision in a family setting for at least nine	108627
but not more than sixteen persons with mental retardation or a	108628
developmental disability as a permitted use in any multiple-family	108629
residential district or zone of any political subdivision, except	108630
that a political subdivision that has enacted a zoning ordinance	108631
or resolution establishing planned unit development districts may	108632
exclude these residential facilities from those districts, and a	108633
political subdivision that has enacted a zoning ordinance or	108634
resolution may regulate these residential facilities in	108635
multiple-family residential districts or zones as a conditionally	108636
permitted use or special exception, in either case, under	108637
reasonable and specific standards and conditions set out in the	108638
zoning ordinance or resolution to:	108639

(1) Require the architectural design and site layout of the	108640
residential facility and the location, nature, and height of any	108641
walls, screens, and fences to be compatible with adjoining land	108642
uses and the residential character of the neighborhood;	108643

(2) Require compliance with yard, parking, and sign	108644
regulation;	108645

(3) Limit excessive concentration of these residential	108646
facilities.	108647

(Q) This section does not prohibit a political subdivision	108648
from applying to residential facilities nondiscriminatory	108649
regulations requiring compliance with health, fire, and safety	108650
regulations and building standards and regulations.	108651

(R) Divisions (O) and (P) of this section are not applicable	108652
to municipal corporations that had in effect on June 15, 1977, an	108653
ordinance specifically permitting in residential zones licensed	108654
residential facilities by means of permitted uses, conditional	108655
uses, or special exception, so long as such ordinance remains in	108656
effect without any substantive modification.	108657

(S)(1) The director may issue an interim license to operate a	108658
residential facility to an applicant for a license under this	108659
section if either of the following is the case:	108660

(a) The director determines that an emergency exists	108661
requiring immediate placement of persons in a residential	108662
facility, that insufficient licensed beds are available, and that	108663
the residential facility is likely to receive a permanent license	108664
under this section within thirty days after issuance of the	108665
interim license.	108666

(b) The director determines that the issuance of an interim	108667
license is necessary to meet a temporary need for a residential	108668
facility.	108669

(2) To be eligible to receive an interim license, an	108670
applicant must meet the same criteria that must be met to receive	108671
a permanent license under this section, except for any differing	108672
procedures and time frames that may apply to issuance of a	108673
permanent license.	108674

(3) An interim license shall be valid for thirty days and may	108675
be renewed by the director for a period not to exceed one hundred	108676
fifty days.	108677

(4) The director shall adopt rules in accordance with Chapter	108678
119. of the Revised Code as the director considers necessary to	108679
administer the issuance of interim licenses.	108680

(T) Notwithstanding rules adopted pursuant to this section	108681
establishing the maximum number of persons who may be served in a	108682
particular type of residential facility, a residential facility	108683
shall be permitted to serve the same number of persons being	108684
served by the facility on the effective date of the rules or the	108685
number of persons for which the facility is authorized pursuant to	108686
a current application for a certificate of need with a letter of	108687
support from the department of developmental disabilities and	108688
which is in the review process prior to April 4, 1986.	108689

(U) The director or the director's designee may enter at any	108690
time, for purposes of investigation, any home, facility, or other	108691
structure that has been reported to the director or that the	108692
director has reasonable cause to believe is being operated as a	108693
residential facility without a license issued under this section.	108694

The director may petition the court of common pleas of the	108695
county in which an unlicensed residential facility is located for	108696
an order enjoining the person or governmental agency operating the	108697
facility from continuing to operate without a license. The court	108698
may grant the injunction on a showing that the person or	108699
governmental agency named in the petition is operating a	108700
residential facility without a license. The court may grant the	108701
injunction, regardless of whether the residential facility meets	108702
the requirements for receiving a license under this section.	108703

Sec. 5123.192. (A) A person or government agency operating,	108704
on ~~the effective date of this section~~September 10, 2012, an	108705
~~intermediate care facility for the mentally retarded~~ICF/IID	108706
pursuant to a nursing home license issued under Chapter 3721. of	108707
the Revised Code shall do both of the following as a condition of	108708
continuing to operate the ~~facility~~ICF/IID on and after July 1,	108709
2013:	108710

(1) Not later than February 1, 2013, apply to the director of	108711
developmental disabilities for a residential facility license	108712
under section 5123.19 of the Revised Code for the ~~facility~~	108713
ICF/IID;	108714

(2) Not later than July 1, 2013, obtain the residential	108715
facility license for the ~~facility~~ICF/IID.	108716

(B) The nursing home license of an ~~intermediate care facility~~	108717
~~for the mentally retarded~~ICF/IID shall cease to be valid at the	108718
earliest of the following:	108719

(1) The date that the ~~facility's~~ICF/IID's nursing home	108720
license is revoked or voided under section 3721.07 of the Revised	108721
Code;	108722

(2) The date that a residential facility license is obtained	108723
for the ~~facility~~ICF/IID under section 5123.19 of the Revised	108724
Code;	108725

(3) July 1, 2013.

108726

(C) Except for existing nursing home beds not certified as	108727
~~intermediate care facility for the mentally retarded~~ICF/IID beds	108728
and relocated in accordance with a move authorized by a	108729
certificate of need under Chapter 3702. of the Revised Code, no	108730
bed that is part of an ~~intermediate care facility for the mentally~~	108731
~~retarded~~ICF/IID that is licensed as a nursing home on ~~the~~	108732
~~effective date of this section~~September 10, 2012, may be used as	108733
part of a nursing home on and after the earlier of the following:	108734

(1) The date that a residential facility license is obtained	108735
for the ~~facility~~ICF/IID under section 5123.19 of the Revised	108736
Code;	108737

(2) July 1, 2013.

108738

Sec. 5123.197. Neither an applicant for an initial	108739
residential facility license under section 5123.19 of the Revised	108740
Code nor an applicant for a modification of an existing	108741
residential facility license under that section is required to	108742
obtain approval of a plan for the proposed new residential	108743
facility or modification to the existing residential facility	108744
pursuant to section 5123.042 of the Revised Code if all of the	108745
following apply:	108746

(A) The new residential facility or modification to the	108747
existing residential facility is to serve individuals who have	108748
diagnoses or special care needs for which a medicaid ~~reimbursement~~	108749
payment rate is set pursuant to section ~~5111.258~~5124.152 of the	108750
Revised Code;	108751

(B) The ~~directors of job and family services~~medicaid	108752
director and director of developmental disabilities determine that	108753
there is a need under the medicaid program for the proposed new	108754
residential facility or modification to the existing residential	108755
facility and that approving the application for the initial	108756
residential facility license or modification to the existing	108757
residential facility license is fiscally prudent for the medicaid	108758
program;	108759

(C) The director of budget and management notifies the	108760
~~directors of job and family services~~medicaid director and	108761
director of developmental disabilities that the director of budget	108762
and management agrees with the directors' determination under	108763
division (B) of this section.	108764

Sec. 5123.198. (A) As used in this section, "date of the	108765
commitment" means the date that an individual specified in	108766
division (B) of this section begins to reside in a state-operated	108767
~~intermediate care facility for the mentally retarded~~ICF/IID after	108768
being committed to the ~~facility~~ICF/IID pursuant to sections	108769
5123.71 to 5123.76 of the Revised Code.	108770

(B) Except as provided in division (C) of this section,	108771
whenever a resident of a residential facility is committed to a	108772
state-operated ~~intermediate care facility for the mentally~~	108773
~~retarded~~ICF/IID pursuant to sections 5123.71 to 5123.76 of the	108774
Revised Code, the department of developmental disabilities,	108775
pursuant to an adjudication order issued in accordance with	108776
Chapter 119. of the Revised Code, shall reduce by one the number	108777
of residents for which the residential facility in which the	108778
resident resided is licensed.	108779

(C) The department shall not reduce under division (B) of	108780
this section the number of residents for which a residential	108781
facility is licensed if any of the following are the case:	108782

(1) The resident of the residential facility who is committed	108783
to a state-operated ~~intermediate care facility for the mentally~~	108784
~~retarded~~ICF/IID resided in the residential facility because of	108785
the closure, on or after June 26, 2003, of another state-operated	108786
~~intermediate care facility for the mentally retarded~~ICF/IID;	108787

(2) The residential facility admits within ninety days of the	108788
date of the commitment an individual who resides on the date of	108789
the commitment in a state-operated ~~intermediate care facility for~~	108790
~~the mentally retarded~~ICF/IID or another residential facility;	108791

(3) The department fails to do either of the following within	108792
ninety days of the date of the commitment:	108793

(a) Identify an individual to whom all of the following	108794
applies:	108795

(i) Resides on the date of the commitment in a state-operated	108796
~~intermediate care facility for the mentally retarded~~ICF/IID or	108797
another residential facility;	108798

(ii) Has indicated to the department an interest in	108799
relocating to the residential facility or has a parent or guardian	108800
who has indicated to the department an interest for the individual	108801
to relocate to the residential facility;	108802

(iii) The department determines the individual has needs that	108803
the residential facility can meet.	108804

(b) Provide the residential facility with information about	108805
the individual identified under division (C)(2)(a) of this section	108806
that the residential facility needs in order to determine whether	108807
the facility can meet the individual's needs.	108808

(4) If the department completes the actions specified in	108809
divisions (C)(3)(a) and (b) of this section not later than ninety	108810
days after the date of the commitment and except as provided in	108811
division (D) of this section, the residential facility does all of	108812
the following not later than ninety days after the date of the	108813
commitment:	108814

(a) Evaluates the information provided by the department;

108815

(b) Assesses the identified individual's needs;

108816

(c) Determines that the residential facility cannot meet the	108817
identified individual's needs.	108818

(5) If the department completes the actions specified in	108819
divisions (C)(3)(a) and (b) of this section not later than ninety	108820
days after the date of the commitment and the residential facility	108821
determines that the residential facility can meet the identified	108822
individual's needs, the individual, or a parent or guardian of the	108823
individual, refuses placement in the residential facility.	108824

(D) The department may reduce under division (B) of this	108825
section the number of residents for which a residential facility	108826
is licensed even though the residential facility completes the	108827
actions specified in division (C)(4) of this section not later	108828
than ninety days after the date of the commitment if all of the	108829
following are the case:	108830

(1) The department disagrees with the residential facility's	108831
determination that the residential facility cannot meet the	108832
identified individual's needs.	108833

(2) The department issues a written decision pursuant to the	108834
uniform procedures for admissions, transfers, and discharges	108835
established by rules adopted under division (H)(9) of section	108836
5123.19 of the Revised Code that the residential facility should	108837
admit the identified individual.	108838

(3) After the department issues the written decision	108839
specified in division (D)(2) of this section, the residential	108840
facility refuses to admit the identified individual.	108841

(E) A residential facility that admits, refuses to admit,	108842
transfers, or discharges a resident under this section shall	108843
comply with the uniform procedures for admissions, transfers, and	108844
discharges established by rules adopted under division (H)(9) of	108845
section 5123.19 of the Revised Code.	108846

~~(F) The department of developmental disabilities may notify~~	108847
~~the department of job and family services of any reduction under~~	108848
~~this section in the number of residents for which a residential~~	108849
~~facility that is an intermediate care facility for the mentally~~	108850
~~retarded is licensed. On receiving the notice, the department of~~	108851
~~job and family services may transfer to the department of~~	108852
~~developmental disabilities the savings in the nonfederal share of~~	108853
~~medicaid expenditures for each fiscal year after the year of the~~	108854
~~commitment to be used for costs of the resident's care in the~~	108855
~~state-operated intermediate care facility for the mentally~~	108856
~~retarded. In determining the amount saved, the department of job~~	108857
~~and family services shall consider medicaid payments for the~~	108858
~~remaining residents of the facility in which the resident resided.~~	108859

Sec. 5123.38. (A) Except as provided in division (B) of this	108860
section, if an individual receiving supported living or home and	108861
community-based services funded by a county board of developmental	108862
disabilities is committed to a state-operated ~~intermediate care~~	108863
~~facility for the mentally retarded~~ICF/IID pursuant to sections	108864
5123.71 to 5123.76 of the Revised Code, the county board is	108865
responsible for the nonfederal share of medicaid expenditures for	108866
the individual's care in the state-operated ~~facility~~ICF/IID. The	108867
department of developmental disabilities shall collect the amount	108868
of the nonfederal share from the county board by either	108869
withholding that amount from funds the department has otherwise	108870
allocated to the county board or submitting an invoice for payment	108871
of that amount to the county board.	108872

(B) Division (A) of this section does not apply under any of	108873
the following circumstances:	108874

(1) The county board, not later than ninety days after the	108875
date of the commitment of a person receiving supported living,	108876
commences funding of supported living for an individual who	108877
resides in a state-operated ~~intermediate care facility for the~~	108878
~~mentally retarded~~ICF/IID on the date of the commitment or another	108879
eligible individual designated by the department.	108880

(2) The county board, not later than ninety days after the	108881
date of the commitment of a person receiving home and	108882
community-based services, commences funding of home and	108883
community-based services for an individual who resides in a	108884
state-operated ~~intermediate care facility for the mentally~~	108885
~~retarded~~ICF/IID on the date of the commitment or another eligible	108886
individual designated by the department.	108887

(3) The director of developmental disabilities, after	108888
determining that circumstances warrant granting a waiver in an	108889
individual's case, grants the county board a waiver that exempts	108890
the county board from responsibility for the nonfederal share for	108891
that case.	108892

Sec. 5123.61. (A) As used in this section:

108893

(1) "Law enforcement agency" means the state highway patrol,	108894
the police department of a municipal corporation, or a county	108895
sheriff.	108896

(2) "Abuse" has the same meaning as in section 5123.50 of the	108897
Revised Code, except that it includes a misappropriation, as	108898
defined in that section.	108899

(3) "Neglect" has the same meaning as in section 5123.50 of	108900
the Revised Code.	108901

(B) The department of developmental disabilities shall	108902
establish a registry office for the purpose of maintaining reports	108903
of abuse, neglect, and other major unusual incidents made to the	108904
department under this section and reports received from county	108905
boards of developmental disabilities under section 5126.31 of the	108906
Revised Code. The department shall establish committees to review	108907
reports of abuse, neglect, and other major unusual incidents.	108908

(C)(1) Any person listed in division (C)(2) of this section,	108909
having reason to believe that a person with mental retardation or	108910
a developmental disability has suffered or faces a substantial	108911
risk of suffering any wound, injury, disability, or condition of	108912
such a nature as to reasonably indicate abuse or neglect of that	108913
person, shall immediately report or cause reports to be made of	108914
such information to the entity specified in this division. Except	108915
as provided in section 5120.173 of the Revised Code or as	108916
otherwise provided in this division, the person making the report	108917
shall make it to a law enforcement agency or to the county board	108918
of developmental disabilities. If the report concerns a resident	108919
of a facility operated by the department of developmental	108920
disabilities the report shall be made either to a law enforcement	108921
agency or to the department. If the report concerns any act or	108922
omission of an employee of a county board of developmental	108923
disabilities, the report immediately shall be made to the	108924
department and to the county board.	108925

(2) All of the following persons are required to make a	108926
report under division (C)(1) of this section:	108927

(a) Any physician, including a hospital intern or resident,	108928
any dentist, podiatrist, chiropractor, practitioner of a limited	108929
branch of medicine as specified in section 4731.15 of the Revised	108930
Code, hospital administrator or employee of a hospital, nurse	108931
licensed under Chapter 4723. of the Revised Code, employee of an	108932
ambulatory health facility as defined in section 5101.61 of the	108933
Revised Code, employee of a home health agency, employee of a	108934
residential facility licensed under section ~~5119.22~~5119.34 of the	108935
Revised Code that provides accommodations, supervision, and person	108936
care services for three to sixteen unrelated adults, or employee	108937
of a community mental health facility;	108938

(b) Any school teacher or school authority, social worker,	108939
psychologist, attorney, peace officer, coroner, or residents'	108940
rights advocate as defined in section 3721.10 of the Revised Code;	108941

(c) A superintendent, board member, or employee of a county	108942
board of developmental disabilities; an administrator, board	108943
member, or employee of a residential facility licensed under	108944
section 5123.19 of the Revised Code; an administrator, board	108945
member, or employee of any other public or private provider of	108946
services to a person with mental retardation or a developmental	108947
disability, or any MR/DD employee, as defined in section 5123.50	108948
of the Revised Code;	108949

(d) A member of a citizen's advisory council established at	108950
an institution or branch institution of the department of	108951
developmental disabilities under section 5123.092 of the Revised	108952
Code;	108953

(e) A member of the clergy who is employed in a position that	108954
includes providing specialized services to an individual with	108955
mental retardation or another developmental disability, while	108956
acting in an official or professional capacity in that position,	108957
or a person who is employed in a position that includes providing	108958
specialized services to an individual with mental retardation or	108959
another developmental disability and who, while acting in an	108960
official or professional capacity, renders spiritual treatment	108961
through prayer in accordance with the tenets of an organized	108962
religion.	108963

(3)(a) The reporting requirements of this division do not	108964
apply to employees of the Ohio protection and advocacy system.	108965

(b) An attorney or physician is not required to make a report	108966
pursuant to division (C)(1) of this section concerning any	108967
communication the attorney or physician receives from a client or	108968
patient in an attorney-client or physician-patient relationship,	108969
if, in accordance with division (A) or (B) of section 2317.02 of	108970
the Revised Code, the attorney or physician could not testify with	108971
respect to that communication in a civil or criminal proceeding,	108972
except that the client or patient is deemed to have waived any	108973
testimonial privilege under division (A) or (B) of section 2317.02	108974
of the Revised Code with respect to that communication and the	108975
attorney or physician shall make a report pursuant to division	108976
(C)(1) of this section, if both of the following apply:	108977

(i) The client or patient, at the time of the communication,	108978
is a person with mental retardation or a developmental disability.	108979

(ii) The attorney or physician knows or suspects, as a result	108980
of the communication or any observations made during that	108981
communication, that the client or patient has suffered or faces a	108982
substantial risk of suffering any wound, injury, disability, or	108983
condition of a nature that reasonably indicates abuse or neglect	108984
of the client or patient.	108985

(4) Any person who fails to make a report required under	108986
division (C) of this section and who is an MR/DD employee, as	108987
defined in section 5123.50 of the Revised Code, shall be eligible	108988
to be included in the registry regarding misappropriation, abuse,	108989
neglect, or other specified misconduct by MR/DD employees	108990
established under section 5123.52 of the Revised Code.	108991

(D) The reports required under division (C) of this section	108992
shall be made forthwith by telephone or in person and shall be	108993
followed by a written report. The reports shall contain the	108994
following:	108995

(1) The names and addresses of the person with mental	108996
retardation or a developmental disability and the person's	108997
custodian, if known;	108998

(2) The age of the person with mental retardation or a	108999
developmental disability;	109000

(3) Any other information that would assist in the	109001
investigation of the report.	109002

(E) When a physician performing services as a member of the	109003
staff of a hospital or similar institution has reason to believe	109004
that a person with mental retardation or a developmental	109005
disability has suffered injury, abuse, or physical neglect, the	109006
physician shall notify the person in charge of the institution or	109007
that person's designated delegate, who shall make the necessary	109008
reports.	109009

(F) Any person having reasonable cause to believe that a	109010
person with mental retardation or a developmental disability has	109011
suffered or faces a substantial risk of suffering abuse or neglect	109012
may report or cause a report to be made of that belief to the	109013
entity specified in this division. Except as provided in section	109014
5120.173 of the Revised Code or as otherwise provided in this	109015
division, the person making the report shall make it to a law	109016
enforcement agency or the county board of developmental	109017
disabilities. If the person is a resident of a facility operated	109018
by the department of developmental disabilities, the report shall	109019
be made to a law enforcement agency or to the department. If the	109020
report concerns any act or omission of an employee of a county	109021
board of developmental disabilities, the report immediately shall	109022
be made to the department and to the county board.	109023

(G)(1) Upon the receipt of a report concerning the possible	109024
abuse or neglect of a person with mental retardation or a	109025
developmental disability, the law enforcement agency shall inform	109026
the county board of developmental disabilities or, if the person	109027
is a resident of a facility operated by the department of	109028
developmental disabilities, the director of the department or the	109029
director's designee.	109030

(2) On receipt of a report under this section that includes	109031
an allegation of action or inaction that may constitute a crime	109032
under federal law or the law of this state, the department of	109033
developmental disabilities shall notify the law enforcement	109034
agency.	109035

(3) When a county board of developmental disabilities	109036
receives a report under this section that includes an allegation	109037
of action or inaction that may constitute a crime under federal	109038
law or the law of this state, the superintendent of the board or	109039
an individual the superintendent designates under division (H) of	109040
this section shall notify the law enforcement agency. The	109041
superintendent or individual shall notify the department of	109042
developmental disabilities when it receives any report under this	109043
section.	109044

(4) When a county board of developmental disabilities	109045
receives a report under this section and believes that the degree	109046
of risk to the person is such that the report is an emergency, the	109047
superintendent of the board or an employee of the board the	109048
superintendent designates shall attempt a face-to-face contact	109049
with the person with mental retardation or a developmental	109050
disability who allegedly is the victim within one hour of the	109051
board's receipt of the report.	109052

(H) The superintendent of the board may designate an	109053
individual to be responsible for notifying the law enforcement	109054
agency and the department when the county board receives a report	109055
under this section.	109056

(I) An adult with mental retardation or a developmental	109057
disability about whom a report is made may be removed from the	109058
adult's place of residence only by law enforcement officers who	109059
consider that the adult's immediate removal is essential to	109060
protect the adult from further injury or abuse or in accordance	109061
with the order of a court made pursuant to section 5126.33 of the	109062
Revised Code.	109063

(J) A law enforcement agency shall investigate each report of	109064
abuse or neglect it receives under this section. In addition, the	109065
department, in cooperation with law enforcement officials, shall	109066
investigate each report regarding a resident of a facility	109067
operated by the department to determine the circumstances	109068
surrounding the injury, the cause of the injury, and the person	109069
responsible. The investigation shall be in accordance with the	109070
memorandum of understanding prepared under section 5126.058 of the	109071
Revised Code. The department shall determine, with the registry	109072
office which shall be maintained by the department, whether prior	109073
reports have been made concerning an adult with mental retardation	109074
or a developmental disability or other principals in the case. If	109075
the department finds that the report involves action or inaction	109076
that may constitute a crime under federal law or the law of this	109077
state, it shall submit a report of its investigation, in writing,	109078
to the law enforcement agency. If the person with mental	109079
retardation or a developmental disability is an adult, with the	109080
consent of the adult, the department shall provide such protective	109081
services as are necessary to protect the adult. The law	109082
enforcement agency shall make a written report of its findings to	109083
the department.	109084

If the person is an adult and is not a resident of a facility	109085
operated by the department, the county board of developmental	109086
disabilities shall review the report of abuse or neglect in	109087
accordance with sections 5126.30 to 5126.33 of the Revised Code	109088
and the law enforcement agency shall make the written report of	109089
its findings to the county board.	109090

(K) Any person or any hospital, institution, school, health	109091
department, or agency participating in the making of reports	109092
pursuant to this section, any person participating as a witness in	109093
an administrative or judicial proceeding resulting from the	109094
reports, or any person or governmental entity that discharges	109095
responsibilities under sections 5126.31 to 5126.33 of the Revised	109096
Code shall be immune from any civil or criminal liability that	109097
might otherwise be incurred or imposed as a result of such actions	109098
except liability for perjury, unless the person or governmental	109099
entity has acted in bad faith or with malicious purpose.	109100

(L) No employer or any person with the authority to do so	109101
shall discharge, demote, transfer, prepare a negative work	109102
performance evaluation, reduce pay or benefits, terminate work	109103
privileges, or take any other action detrimental to an employee or	109104
retaliate against an employee as a result of the employee's having	109105
made a report under this section. This division does not preclude	109106
an employer or person with authority from taking action with	109107
regard to an employee who has made a report under this section if	109108
there is another reasonable basis for the action.	109109

(M) Reports made under this section are not public records as	109110
defined in section 149.43 of the Revised Code. Information	109111
contained in the reports on request shall be made available to the	109112
person who is the subject of the report, to the person's legal	109113
counsel, and to agencies authorized to receive information in the	109114
report by the department or by a county board of developmental	109115
disabilities.	109116

(N) Notwithstanding section 4731.22 of the Revised Code, the	109117
physician-patient privilege shall not be a ground for excluding	109118
evidence regarding the injuries or physical neglect of a person	109119
with mental retardation or a developmental disability or the cause	109120
thereof in any judicial proceeding resulting from a report	109121
submitted pursuant to this section.	109122

Sec. 5123.86. (A) Except as provided in divisions (C), (D),	109123
(E), and (F) of this section, the chief medical officer shall	109124
provide all information, including expected physical and medical	109125
consequences, necessary to enable any resident of an institution	109126
for the mentally retarded to give a fully informed, intelligent,	109127
and knowing consent if any of the following procedures are	109128
proposed:	109129

(1) Surgery;

109130

(2) Convulsive therapy;

109131

(3) Major aversive interventions;

109132

(4) Sterilization;

109133

(5) Experimental procedures;

109134

(6) Any unusual or hazardous treatment procedures.

109135

(B) No resident shall be subjected to any of the procedures	109136
listed in division (A)(4), (5), or (6) of this section without the	109137
resident's informed consent.	109138

(C) If a resident is physically or mentally unable to receive	109139
the information required for surgery under division (A)(1) of this	109140
section, or has been adjudicated incompetent, the information may	109141
be provided to the resident's natural or court-appointed guardian,	109142
including an agency providing guardianship services under contract	109143
with the department of developmental disabilities under sections	109144
5123.55 to 5123.59 of the Revised Code, who may give the informed,	109145
intelligent, and knowing written consent for surgery. Consent for	109146
surgery shall not be provided by a guardian who is an officer or	109147
employee of the department of ~~mental health~~mental health and	109148
addiction services or the department of developmental	109149
disabilities.	109150

If a resident is physically or mentally unable to receive the	109151
information required for surgery under division (A)(1) of this	109152
section and has no guardian, then the information, the	109153
recommendation of the chief medical officer, and the concurring	109154
judgment of a licensed physician who is not a full-time employee	109155
of the state may be provided to the court in the county in which	109156
the institution is located, which may approve the surgery. Before	109157
approving the surgery, the court shall notify the Ohio protection	109158
and advocacy system created by section 5123.60 of the Revised	109159
Code, and shall notify the resident of the resident's rights to	109160
consult with counsel, to have counsel appointed by the court if	109161
the resident is indigent, and to contest the recommendation of the	109162
chief medical officer.	109163

(D) If, in the judgment of two licensed physicians, delay in	109164
obtaining consent for surgery would create a grave danger to the	109165
health of a resident, emergency surgery may be performed without	109166
the consent of the resident if the necessary information is	109167
provided to the resident's guardian, including an agency providing	109168
guardianship services under contract with the department of	109169
developmental disabilities under sections 5123.55 to 5123.59 of	109170
the Revised Code, or to the resident's spouse or next of kin to	109171
enable that person or agency to give an informed, intelligent, and	109172
knowing written consent.	109173

If the guardian, spouse, or next of kin cannot be contacted	109174
through exercise of reasonable diligence, or if the guardian,	109175
spouse, or next of kin is contacted, but refuses to consent, then	109176
the emergency surgery may be performed upon the written	109177
authorization of the chief medical officer and after court	109178
approval has been obtained. However, if delay in obtaining court	109179
approval would create a grave danger to the life of the resident,	109180
the chief medical officer may authorize surgery, in writing,	109181
without court approval. If the surgery is authorized without court	109182
approval, the chief medical officer who made the authorization and	109183
the physician who performed the surgery shall each execute an	109184
affidavit describing the circumstances constituting the emergency	109185
and warranting the surgery and the circumstances warranting their	109186
not obtaining prior court approval. The affidavit shall be filed	109187
with the court with which the request for prior approval would	109188
have been filed within five court days after the surgery, and a	109189
copy of the affidavit shall be placed in the resident's file and	109190
shall be given to the guardian, spouse, or next of kin of the	109191
resident, to the hospital at which the surgery was performed, and	109192
to the Ohio protection and advocacy system created by section	109193
5123.60 of the Revised Code.	109194

(E)(1) If it is the judgment of two licensed physicians, as	109195
described in division (E)(2) of this section, that a medical	109196
emergency exists and delay in obtaining convulsive therapy creates	109197
a grave danger to the life of a resident who is both mentally	109198
retarded and mentally ill, convulsive therapy may be administered	109199
without the consent of the resident if the resident is physically	109200
or mentally unable to receive the information required for	109201
convulsive therapy and if the necessary information is provided to	109202
the resident's natural or court-appointed guardian, including an	109203
agency providing guardianship services under contract with the	109204
department of developmental disabilities under sections 5123.55 to	109205
5123.59 of the Revised Code, or to the resident's spouse or next	109206
of kin to enable that person or agency to give an informed,	109207
intelligent, and knowing written consent. If neither the	109208
resident's guardian, spouse, nor next of kin can be contacted	109209
through exercise of reasonable diligence, or if the guardian,	109210
spouse, or next of kin is contacted, but refuses to consent, then	109211
convulsive therapy may be performed upon the written authorization	109212
of the chief medical officer and after court approval has been	109213
obtained.	109214

(2) The two licensed physicians referred to in division	109215
(E)(1) of this section shall not be associated with each other in	109216
the practice of medicine or surgery by means of a partnership or	109217
corporate arrangement, other business arrangement, or employment.	109218
At least one of the physicians shall be a psychiatrist as defined	109219
in division (E) of section 5122.01 of the Revised Code.	109220

(F) Major aversive interventions shall not be used unless a	109221
resident continues to engage in behavior destructive to self or	109222
others after other forms of therapy have been attempted. Major	109223
aversive interventions shall not be applied to a voluntary	109224
resident without the informed, intelligent, and knowing written	109225
consent of the resident or the resident's guardian, including an	109226
agency providing guardianship services under contract with the	109227
department of developmental disabilities under sections 5123.55 to	109228
5123.59 of the Revised Code.	109229

(G)(1) This chapter does not authorize any form of compulsory	109230
medical or psychiatric treatment of any resident who is being	109231
treated by spiritual means through prayer alone in accordance with	109232
a recognized religious method of healing.	109233

(2) For purposes of this section, "convulsive therapy" does	109234
not include defibrillation.	109235

Sec. 5124.01. As used in this chapter:

109236

(A) "Affiliated operator" means an operator affiliated with	109237
either of the following:	109238

(1) The exiting operator for whom the affiliated operator is	109239
to assume liability for the entire amount of the exiting	109240
operator's debt under the medicaid program or the portion of the	109241
debt that represents the franchise permit fee the exiting operator	109242
owes;	109243

(2) The entering operator involved in the change of operator	109244
with the exiting operator specified in division (A)(1) of this	109245
section.	109246

(B) "Allowable costs" means an ICF/IID's costs that the	109247
department of developmental disabilities determines are	109248
reasonable. Fines paid under section 5124.99 of the Revised Code	109249
are not allowable costs.	109250

(C) "Capital costs" means an ICF/IID's costs of ownership and	109251
costs of nonextensive renovation.	109252

(D) "Case-mix score" means the measure determined under	109253
section 5124.192 of the Revised Code of the relative direct-care	109254
resources needed to provide care and habilitation to an ICF/IID	109255
resident.	109256

(E) "Change of operator" means an entering operator becoming	109257
the operator of an ICF/IID in the place of the exiting operator.	109258

(1) Actions that constitute a change of operator include the	109259
following:	109260

(a) A change in an exiting operator's form of legal	109261
organization, including the formation of a partnership or	109262
corporation from a sole proprietorship;	109263

(b) A transfer of all the exiting operator's ownership	109264
interest in the operation of the ICF/IID to the entering operator,	109265
regardless of whether ownership of any or all of the real property	109266
or personal property associated with the ICF/IID is also	109267
transferred;	109268

(c) A lease of the ICF/IID to the entering operator or the	109269
exiting operator's termination of the exiting operator's lease;	109270

(d) If the exiting operator is a partnership, dissolution of	109271
the partnership;	109272

(e) If the exiting operator is a partnership, a change in	109273
composition of the partnership unless both of the following apply:	109274

(i) The change in composition does not cause the	109275
partnership's dissolution under state law.	109276

(ii) The partners agree that the change in composition does	109277
not constitute a change in operator.	109278

(f) If the operator is a corporation, dissolution of the	109279
corporation, a merger of the corporation into another corporation	109280
that is the survivor of the merger, or a consolidation of one or	109281
more other corporations to form a new corporation.	109282

(2) The following, alone, do not constitute a change of	109283
operator:	109284

(a) A contract for an entity to manage an ICF/IID as the	109285
operator's agent, subject to the operator's approval of daily	109286
operating and management decisions;	109287

(b) A change of ownership, lease, or termination of a lease	109288
of real property or personal property associated with an ICF/IID	109289
if an entering operator does not become the operator in place of	109290
an exiting operator;	109291

(c) If the operator is a corporation, a change of one or more	109292
members of the corporation's governing body or transfer of	109293
ownership of one or more shares of the corporation's stock, if the	109294
same corporation continues to be the operator.	109295

(F) "Cost center" means the following:

109296

(1) Capital costs;

109297

(2) Direct care costs;

109298

(3) Indirect care costs;

109299

(4) Other protected costs.

109300

(G) "Costs of nonextensive renovations" means the actual	109301
expense incurred by an ICF/IID for depreciation or amortization	109302
and interest on renovations that are not extensive renovations.	109303

(H)(1) "Costs of ownership" means the actual expenses	109304
incurred by an ICF/IID for all of the following:	109305

(a) Subject to division (H)(2) of this section, depreciation	109306
and interest on any capital assets that cost five hundred dollars	109307
or more per item, including the following:	109308

(i) Buildings;

109309

(ii) Building improvements that are not approved as	109310
nonextensive renovations under section 5124.17 of the Revised	109311
Code;	109312

(iii) Equipment;

109313

(iv) Extensive renovations;

109314

(v) Transportation equipment.

109315

(b) Amortization and interest on land improvements and	109316
leasehold improvements;	109317

109318

(d) Except as provided in division (Z) of this section, lease	109319
and rent of land, building, and equipment.	109320

(2) The costs of capital assets of less than five hundred	109321
dollars per item may be considered costs of ownership in	109322
accordance with an ICF/IID provider's practice.	109323

(I)(1) "Date of licensure" means the following:

109324

(a) In the case of an ICF/IID that was originally licensed as	109325
a nursing home under Chapter 3721. of the Revised Code, the date	109326
that it was originally so licensed, regardless that it was	109327
subsequently licensed as a residential facility under section	109328
5123.19 of the Revised Code;	109329

(b) In the case of an ICF/IID that was originally licensed as	109330
a residential facility under section 5123.19 of the Revised Code,	109331
the date it was originally so licensed;	109332

(c) In the case of an ICF/IID that was not required by law to	109333
be licensed as a nursing home or residential facility when it was	109334
originally operated as a residential facility, the date it first	109335
was operated as a residential facility, regardless of the date the	109336
ICF/IID was first licensed as a nursing home or residential	109337
facility.	109338

(2) If, after an ICF/IID's original date of licensure, more	109339
residential facility beds are added to the ICF/IID or all or part	109340
of the ICF/IID undergoes an extensive renovation, the ICF/IID has	109341
a different date of licensure for the additional beds or	109342
extensively renovated portion of the ICF/IID. This does not apply,	109343
however, to additional beds when both of the following apply:	109344

(a) The additional beds are located in a part of the ICF/IID	109345
that was constructed at the same time as the continuing beds	109346
already located in that part of the ICF/IID;	109347

(b) The part of the ICF/IID in which the additional beds are	109348
located was constructed as part of the ICF/IID at a time when the	109349
ICF/IID was not required by law to be licensed as a nursing home	109350
or residential facility.	109351

(3) The definition of "date of licensure" in this section	109352
applies in determinations of ICFs/IID's medicaid payment rates but	109353
does not apply in determinations of ICFs/IID's franchise permit	109354
fees under sections 5168.60 to 5168.71 of the Revised Code.	109355

(J) "Desk-reviewed" means that an ICF/IID's costs as reported	109356
on a cost report filed under section 5124.10 or 5124.101 of the	109357
Revised Code have been subjected to a desk review under section	109358
5124.108 of the Revised Code and preliminarily determined to be	109359
allowable costs.	109360

(K) "Developmental center" means a residential facility that	109361
is maintained and operated by the department of developmental	109362
disabilities.	109363

(L) "Direct care costs" means all of the following costs	109364
incurred by an ICF/IID:	109365

(1) Costs for registered nurses, licensed practical nurses,	109366
and nurse aides employed by the ICF/IID;	109367

(2) Costs for direct care staff, administrative nursing	109368
staff, medical directors, respiratory therapists, physical	109369
therapists, physical therapy assistants, occupational therapists,	109370
occupational therapy assistants, speech therapists, audiologists,	109371
habilitation staff (including habilitation supervisors), qualified	109372
intellectual disability professionals, program directors, social	109373
services staff, activities staff, off-site day programming,	109374
psychologists, psychology assistants, social workers, counselors,	109375
and other persons holding degrees qualifying them to provide	109376
therapy;	109377

(3) Costs of purchased nursing services;

109378

(4) Costs of training and staff development, employee	109379
benefits, payroll taxes, and workers' compensation premiums or	109380
costs for self-insurance claims and related costs as specified in	109381
rules adopted under section 5124.03 of the Revised Code, for	109382
personnel listed in divisions (L)(1), (2), and (3) of this	109383
section;	109384

(5) Costs of quality assurance;

109385

(6) Costs of consulting and management fees related to direct	109386
care;	109387

(7) Allocated direct care home office costs;

109388

(8) Costs of other direct-care resources that are specified	109389
as direct care costs in rules adopted under section 5124.03 of the	109390
Revised Code.	109391

(M) "Downsized ICF/IID" means an ICF/IID that permanently	109392
reduced its medicaid-certified capacity pursuant to a plan	109393
approved by the department of developmental disabilities under	109394
section 5123.042 of the Revised Code.	109395

(N) "Effective date of a change of operator" means the day	109396
the entering operator becomes the operator of the ICF/IID.	109397

(O) "Effective date of a facility closure" means the last day	109398
that the last of the residents of the ICF/IID resides in the	109399
ICF/IID.	109400

(P) "Effective date of an involuntary termination" means the	109401
date the department of medicaid terminates the operator's provider	109402
agreement for the ICF/IID or the last day that such a provider	109403
agreement is in effect when the department cancels or refuses to	109404
revalidate it.	109405

(Q) "Effective date of a voluntary termination" means the day	109406
the ICF/IID ceases to accept medicaid recipients.	109407

(R) "Entering operator" means the person or government entity	109408
that will become the operator of an ICF/IID when a change of	109409
operator occurs or following an involuntary termination.	109410

(S) "Exiting operator" means any of the following:

109411

(1) An operator that will cease to be the operator of an	109412
ICF/IID on the effective date of a change of operator;	109413

(2) An operator that will cease to be the operator of an	109414
ICF/IID on the effective date of a facility closure;	109415

(3) An operator of an ICF/IID that is undergoing or has	109416
undergone a voluntary termination;	109417

(4) An operator of an ICF/IID that is undergoing or has	109418
undergone an involuntary termination.	109419

(T)(1) "Extensive renovation" means the following:

109420

(a) An ICF/IID's betterment, improvement, or restoration to	109421
which both of the following apply:	109422

(i) It was started before July 1, 1993;

109423

(ii) It meets the definition of "extensive renovation"	109424
established in rules that were adopted by the director of job and	109425
family services and in effect on December 22, 1992.	109426

(b) An ICF/IID's betterment, improvement, or restoration to	109427
which all of the following apply:	109428

(i) It was started on or after July 1, 1993;

109429

(ii) Except as provided in division (T)(2) of this section,	109430
it costs more than sixty-five per cent and not more than	109431
eighty-five per cent of the cost of constructing a new bed;	109432

(iii) It extends the useful life of the assets for at least	109433
ten years.	109434

(2) The department of developmental disabilities may treat a	109435
renovation that costs more than eighty-five per cent of the cost	109436
of constructing new beds as an extensive renovation if the	109437
department determines that the renovation is more prudent than	109438
construction of new beds.	109439

(3) For the purpose of division (T)(1)(b)(ii) of this	109440
section, the cost of constructing a new bed shall be considered to	109441
be forty thousand dollars, adjusted for the estimated rate of	109442
inflation from January 1, 1993, to the end of the calendar year	109443
during which the extensive renovation is completed, using the	109444
consumer price index for shelter costs for all urban consumers for	109445
the north central region, as published by the United States bureau	109446
of labor statistics.	109447

(U)(1) Subject to divisions (U)(2) and (3) of this section,	109448
"facility closure" means either of the following:	109449

(a) Discontinuance of the use of the building, or part of the	109450
building, that houses the facility as an ICF/IID that results in	109451
the relocation of all of the facility's residents;	109452

(b) Conversion of the building, or part of the building, that	109453
houses an ICF/IID to a different use with any necessary license or	109454
other approval needed for that use being obtained and one or more	109455
of the facility's residents remaining in the facility to receive	109456
services under the new use.	109457

(2) A facility closure occurs regardless of any of the	109458
following:	109459

(a) The operator completely or partially replacing the	109460
ICF/IID by constructing a new ICF/IID or transferring the	109461
ICF/IID's license to another ICF/IID;	109462

(b) The ICF/IID's residents relocating to another of the	109463
operator's ICFs/IID;	109464

(c) Any action the department of health takes regarding the	109465
ICF/IID's medicaid certification that may result in the transfer	109466
of part of the ICF/IID's survey findings to another of the	109467
operator's ICFs/IID;	109468

(d) Any action the department of developmental disabilities	109469
takes regarding the ICF/IID's license under section 5123.19 of the	109470
Revised Code.	109471

(3) A facility closure does not occur if all of the ICF/IID's	109472
residents are relocated due to an emergency evacuation and one or	109473
more of the residents return to a medicaid-certified bed in the	109474
ICF/IID not later than thirty days after the evacuation occurs.	109475

(V) "Fiscal year" means the fiscal year of this state, as	109476
specified in section 9.34 of the Revised Code.	109477

(W) "Franchise permit fee" means the fee imposed by sections	109478
5168.60 to 5168.71 of the Revised Code.	109479

(X) "Home and community-based services" has the same meaning	109480
as in section 5123.01 of the Revised Code.	109481

(Y) "ICF/IID services" has the same meaning as in 42 C.F.R.	109482
440.150.	109483

(Z)(1) "Indirect care costs" means all reasonable costs	109484
incurred by an ICF/IID other than capital costs, direct care	109485
costs, and other protected costs. "Indirect care costs" includes	109486
costs of habilitation supplies, pharmacy consultants, medical and	109487
habilitation records, program supplies, incontinence supplies,	109488
food, enterals, dietary supplies and personnel, laundry,	109489
housekeeping, security, administration, liability insurance,	109490
bookkeeping, purchasing department, human resources,	109491
communications, travel, dues, license fees, subscriptions, home	109492
office costs not otherwise allocated, legal services, accounting	109493
services, minor equipment, maintenance and repair expenses,	109494
help-wanted advertising, informational advertising, start-up	109495
costs, organizational expenses, other interest, property	109496
insurance, employee training and staff development, employee	109497
benefits, payroll taxes, and workers' compensation premiums or	109498
costs for self-insurance claims and related costs, as specified in	109499
rules adopted under section 5124.03of the Revised Code, for	109500
personnel listed in this division. Notwithstanding division (H) of	109501
this section, "indirect care costs" also means the cost of	109502
equipment, including vehicles, acquired by operating lease	109503
executed before December 1, 1992, if the costs are reported as	109504
administrative and general costs on the ICF/IID's cost report for	109505
the cost reporting period ending December 31, 1992.	109506

(2) For the purpose of division (Z)(1) of this section, an	109507
operating lease shall be construed in accordance with generally	109508
accepted accounting principles.	109509

(AA) "Inpatient days" means both of the following:

109510

(1) All days during which a resident, regardless of payment	109511
source, occupies a bed in an ICF/IID that is included in the	109512
ICF/IID's medicaid-certified capacity;	109513

(2) All days for which payment is made under section 5124.34	109514
of the Revised Code.	109515

(BB) "Intermediate care facility for individuals with	109516
disabilities" and "ICF/IID" mean an intermediate care facility for	109517
the mentally retarded as defined in the "Social Security Act,"	109518
section 1905(d), 42 U.S.C. 1396d(d).	109519

(CC) "Involuntary termination" means the department of	109520
medicaid's termination of, cancellation of, or refusal to	109521
revalidate the operator's provider agreement for the ICF/IID when	109522
such action is not taken at the operator's request.	109523

(DD) "Maintenance and repair expenses" means, except as	109524
provided in division (TT)(2)(b) of this section, expenditures that	109525
are necessary and proper to maintain an asset in a normally	109526
efficient working condition and that do not extend the useful life	109527
of the asset two years or more. "Maintenance and repair expenses"	109528
includes the costs of ordinary repairs such as painting and	109529
wallpapering.	109530

(EE) "Medicaid-certified capacity" means the number of an	109531
ICF/IID's beds that are certified for participation in medicaid as	109532
ICF/IID beds.	109533

(FF) "Medicaid days" means both of the following:

109534

(1) All days during which a resident who is a medicaid	109535
recipient eligible for ICF/IID services occupies a bed in an	109536
ICF/IID that is included in the ICF/IID's medicaid-certified	109537
capacity;	109538

(2) All days for which payment is made under section 5124.34	109539
of the Revised Code.	109540

(GG)(1) "New ICF/IID" means an ICF/IID for which the provider	109541
obtains an initial provider agreement following the director of	109542
health's medicaid certification of the ICF/IID, including such an	109543
ICF/IID that replaces one or more ICFs/IID for which a provider	109544
previously held a provider agreement.	109545

(2) "New ICF/IID" does not mean either of the following:

109546

(a) An ICF/IID for which the entering operator seeks a	109547
provider agreement pursuant to section 5124.511 or 5124.512 or	109548
(pursuant to section 5124.515) section 5124.07 of the Revised	109549
Code;	109550

(b) A downsized ICF/IID or partially converted ICF/IID.

109551

(HH) "Nursing home" has the same meaning as in section	109552
3721.01 of the Revised Code.	109553

(II) "Operator" means the person or government entity	109554
responsible for the daily operating and management decisions for	109555
an ICF/IID.	109556

(JJ) "Other protected costs" means costs incurred by an	109557
ICF/IID for medical supplies; real estate, franchise, and property	109558
taxes; natural gas, fuel oil, water, electricity, sewage, and	109559
refuse and hazardous medical waste collection; allocated other	109560
protected home office costs; and any additional costs defined as	109561
other protected costs in rules adopted under section 5124.03 of	109562
the Revised Code.	109563

(KK)(1) "Owner" means any person or government entity that	109564
has at least five per cent ownership or interest, either directly,	109565
indirectly, or in any combination, in any of the following	109566
regarding an ICF/IID:	109567

(a) The land on which the ICF/IID is located;

109568

(b) The structure in which the ICF/IID is located;

109569

(c) Any mortgage, contract for deed, or other obligation	109570
secured in whole or in part by the land or structure on or in	109571
which the ICF/IID is located;	109572

(d) Any lease or sublease of the land or structure on or in	109573
which the ICF/IID is located.	109574

(2) "Owner" does not mean a holder of a debenture or bond	109575
related to an ICF/IID and purchased at public issue or a regulated	109576
lender that has made a loan related to the ICF/IID unless the	109577
holder or lender operates the ICF/IID directly or through a	109578
subsidiary.	109579

(LL) "Partially converted ICF/IID" means an ICF/IID that	109580
converted some, but not all, of its beds to providing home and	109581
community-based services under the individual options waiver	109582
pursuant to section 5124.60 or 5124.61 of the Revised Code.	109583

(MM)(1) Except as provided in divisions (MM)(2) and (3) of	109584
this section, "per diem" means an ICF/IID's desk-reviewed, actual,	109585
allowable costs in a given cost center in a cost reporting period,	109586
divided by the facility's inpatient days for that cost reporting	109587
period.	109588

(2) When determining capital costs for the purpose of section	109589
5124.17 of the Revised Code, "per diem" means an ICF/IID's actual,	109590
allowable capital costs in a cost-reporting period divided by the	109591
greater of the facility's inpatient days for that period or the	109592
number of inpatient days the ICF/IID would have had during that	109593
period if its occupancy rate had been ninety-five per cent.	109594

(3) When determining indirect care costs for the purpose of	109595
section 5124.21 of the Revised Code, "per diem" means an ICF/IID's	109596
actual, allowable indirect care costs in a cost-reporting period	109597
divided by the greater of the ICF/IID's inpatient days for that	109598
period or the number of inpatient days the ICF/IID would have had	109599
during that period if its occupancy rate had been eighty-five per	109600
cent.	109601

(NN) "Provider" means an operator with a valid provider	109602
agreement.	109603

(OO) "Provider agreement" means a provider agreement, as	109604
defined in section 5164.01 of the Revised Code, that is between	109605
the department of medicaid and the operator of an ICF/IID for the	109606
provision of ICF/IID services under the medicaid program.	109607

(PP) "Purchased nursing services" means services that are	109608
provided in an ICF/IID by registered nurses, licensed practical	109609
nurses, or nurse aides who are not employees of the ICF/IID.	109610

(QQ) "Reasonable" means that a cost is an actual cost that is	109611
appropriate and helpful to develop and maintain the operation of	109612
resident care facilities and activities, including normal standby	109613
costs, and that does not exceed what a prudent buyer pays for a	109614
given item or services. Reasonable costs may vary from provider to	109615
provider and from time to time for the same provider.	109616

(RR) "Related party" means an individual or organization	109617
that, to a significant extent, has common ownership with, is	109618
associated or affiliated with, has control of, or is controlled	109619
by, a provider.	109620

(1) An individual who is a relative of an owner is a related	109621
party.	109622

(2) Common ownership exists when an individual or individuals	109623
possess significant ownership or equity in both the provider and	109624
the other organization. Significant ownership or equity exists	109625
when an individual or individuals possess five per cent ownership	109626
or equity in both the provider and a supplier. Significant	109627
ownership or equity is presumed to exist when an individual or	109628
individuals possess ten per cent ownership or equity in both the	109629
provider and another organization from which the provider	109630
purchases or leases real property.	109631

(3) Control exists when an individual or organization has the	109632
power, directly or indirectly, to significantly influence or	109633
direct the actions or policies of an organization.	109634

(4) An individual or organization that supplies goods or	109635
services to a provider shall not be considered a related party if	109636
all of the following conditions are met:	109637

(a) The supplier is a separate bona fide organization.

109638

(b) A substantial part of the supplier's business activity of	109639
the type carried on with the provider is transacted with others	109640
than the provider and there is an open, competitive market for the	109641
types of goods or services the supplier furnishes.	109642

(c) The types of goods or services are commonly obtained by	109643
other ICFs/IID from outside organizations and are not a basic	109644
element of resident care ordinarily furnished directly to	109645
residents by the ICFs/IID.	109646

(d) The charge to the provider is in line with the charge for	109647
the goods or services in the open market and no more than the	109648
charge made under comparable circumstances to others by the	109649
supplier.	109650

(SS) "Relative of owner" means an individual who is related	109651
to an owner of an ICF/IID by one of the following relationships:	109652

(1) Spouse;

109653

(2) Natural parent, child, or sibling;

109654

(3) Adopted parent, child, or sibling;

109655

(4) Stepparent, stepchild, stepbrother, or stepsister;

109656

(5) Father-in-law, mother-in-law, son-in-law,	109657
daughter-in-law, brother-in-law, or sister-in-law;	109658

(6) Grandparent or grandchild;

109659

(7) Foster caregiver, foster child, foster brother, or foster	109660
sister.	109661

(TT)(1) "Renovation" means the following:

109662

(a) An ICF/IID's betterment, improvement, or restoration to	109663
which both of the following apply:	109664

(i) It was started before July 1, 1993;

109665

(ii) It meets the definition of "renovation" established in	109666
rules that were adopted by the director of job and family services	109667
and in effect on December 22, 1992.	109668

(b) An ICF/IID's betterment, improvement, or restoration to	109669
which both of the following apply:	109670

(i) It was started on or after July 1, 1993;

109671

(ii) It betters, improves, or restores the ICF/IID beyond its	109672
current functional capacity through a structural change that costs	109673
at least five hundred dollars per bed.	109674

(2) A renovation started on or after July 1, 1993, may	109675
include both of the following:	109676

(a) A betterment, improvement, restoration, or replacement of	109677
assets that are affixed to a building and have a useful life of at	109678
least five years;	109679

(b) Costs that otherwise would be considered maintenance and	109680
repair expenses if they are an integral part of the structural	109681
change that makes up the renovation project.	109682

(3) "Renovation" does not mean construction of additional	109683
space for beds that will be added to an ICF/IID's licensed	109684
capacity or medicaid-certified capacity.	109685

(UU) "Residential facility" has the same meaning as in	109686
section 5123.19 of the Revised Code.	109687

(VV) "Sponsor" means an adult relative, friend, or guardian	109688
of an ICF/IID resident who has an interest or responsibility in	109689
the resident's welfare.	109690

(WW) "Title XIX" means Title XIX of the "Social Security	109691
Act," 42 U.S.C. 1396, et seq.	109692

(XX) "Title XVIII" means Title XVIII of the "Social Security	109693
Act," 42 U.S.C. 1395, et seq.	109694

(YY) "Voluntary termination" means an operator's voluntary	109695
election to terminate the participation of an ICF/IID in the	109696
medicaid program but to continue to provide service of the type	109697
provided by a residential facility as defined in section 5123.19	109698
of the Revised Code.	109699

~~Sec. 5111.226.~~ Sec. 5124.02. ~~Subject, if needed, to the approval~~	109700
~~of the United States secretary of health and human services, the~~	109701
The department of ~~job and family services~~medicaid shall enter	109702
into a contract with the department of developmental disabilities	109703
under section ~~5111.91~~5162.35 of the Revised Code that provides	109704
for the department of developmental disabilities to assume the	109705
powers and duties of the department of ~~job and family services~~	109706
medicaid with regard to the medicaid program's coverage of	109707
ICF/IID services ~~provided by intermediate care facilities for the~~	109708
~~mentally retarded~~. The contract shall include a schedule for the	109709
assumption of the powers and duties. The contract may provide for	109710
the department of medicaid to perform one or more duties of the	109711
department of developmental disabilities under sections 5124.50 to	109712
5124.53 of the Revised Code. Except as otherwise authorized by the	109713
United States secretary of health and human services, no provision	109714
of the contract may violate a federal law or regulation governing	109715
the medicaid program. ~~Once the contract goes into effect, all~~	109716
~~references to the department of job and family services, and all~~	109717
~~references to the director of job and family services, with regard~~	109718
~~to intermediate care facilities for the mentally retarded that are~~	109719
~~in law enacted by the general assembly shall be deemed to be~~	109720
~~references to the department of developmental disabilities and~~	109721
~~director of developmental disabilities, respectively, to the~~	109722
~~extent necessary to implement the terms of the contract.~~	109723

Sec. 5124.03. To the extent authorized by rules authorized	109724
by section 5162.021 of the Revised Code, the director of	109725
developmental disabilities shall adopt rules in accordance with	109726
Chapter 119. of the Revised Code as necessary to implement this	109727
chapter.	109728

Sec. 5124.05. The medicaid program shall cover ICF/IID	109729
services when all of the following apply:	109730

(A) The ICF/IID services are provided to a medicaid recipient	109731
eligible for the services.	109732

(B) The ICF/IID services are provided by an ICF/IID for which	109733
the provider has a valid provider agreement.	109734

(C) Federal financial participation is available for the	109735
ICF/IID services.	109736

Sec. 5124.06. (A) Subject to section 5124.072 of the Revised	109737
Code, an ICF/IID operator is eligible to enter into a provider	109738
agreement for an ICF/IID if all of the following apply:	109739

(1) The ICF/IID is certified by the director of health for	109740
participation in medicaid;	109741

(2) The ICF/IID is licensed by the director of developmental	109742
disabilities as a residential facility;	109743

(3) Subject to division (B) of this section, the operator and	109744
ICF/IID comply with all applicable state and federal statutes and	109745
rules.	109746

(B) A state rule that requires an ICF/IID operator to have	109747
received approval of a plan for the proposed ICF/IID pursuant to	109748
section 5123.042 of the Revised Code as a condition of the	109749
operator being eligible to receive medicaid payments for ICF/IID	109750
services the ICF/IID provides does not apply if, under former	109751
section 5123.193 of the Revised Code as enacted by Am. Sub. H.B. 1	109752
of the 128th general assembly or section 5123.197 of the Revised	109753
Code, a residential facility license was obtained or modified for	109754
the ICF/IID without obtaining approval of such a plan.	109755

Sec. 5124.07. (A) Except as provided in section 5124.072 of	109756
the Revised Code, the department of medicaid shall enter into a	109757
provider agreement with an ICF/IID operator who applies, and is	109758
eligible, for the provider agreement.	109759

(B) A provider agreement shall require the department of	109760
developmental disabilities, pursuant to its agreement with the	109761
department of medicaid under section 5124.02 of the Revised Code,	109762
to make medicaid payments to the provider in accordance with this	109763
chapter for ICF/IID services the ICF/IID provides to its residents	109764
who are medicaid recipients eligible for ICF/IID services.	109765

(C) A provider agreement shall require the provider to do all	109766
of the following:	109767

(1) Maintain eligibility for the provider agreement as	109768
provided in section 5124.06 of the Revised Code;	109769

(2) Keep records relating to a cost reporting period for the	109770
greater of seven years after the cost report is filed or, if the	109771
department of developmental disabilities issues an audit report in	109772
accordance with section 5124.109 of the Revised Code, six years	109773
after all appeal rights relating to the audit report are	109774
exhausted;	109775

(3) File reports as the department of developmental	109776
disabilities requires;	109777

(4) Open all records relating to the costs of the ICF/IID's	109778
services for inspection and audit by the department of	109779
developmental disabilities;	109780

(5) Open its premises for inspection by the department of	109781
developmental disabilities, department of health, and any other	109782
state or local authority having authority to inspect;	109783

(6) Supply to the department of developmental disabilities	109784
such information as it requires concerning the ICF/IID's services	109785
to residents who are, or are eligible to be, medicaid recipients;	109786

(7) Comply with section 5124.08 of the Revised Code.

109787

(D) A provider agreement may contain other provisions that	109788
are consistent with law and considered necessary by the department	109789
of medicaid or the department of developmental disabilities.	109790

Sec. 5124.071. An ICF/IID operator may enter into provider	109791
agreements for more than one ICF/IID.	109792

Sec. 5124.072. The department of medicaid shall not	109793
revalidate an ICF/IID provider agreement if the provider fails to	109794
maintain eligibility for the provider agreement as provided in	109795
section 5124.06 of the Revised Code.	109796

Sec. 5124.08. (A) Every provider agreement with an ICF/IID	109797
provider shall do both of the following:	109798

(1) Except as provided by division (B) of this section,	109799
include any part of the ICF/IID that meets federal and state	109800
standards for medicaid certification;	109801

(2) Prohibit the provider from doing either of the following:

109802

(a) Discriminating against a resident on the basis of race,	109803
color, sex, creed, or national origin;	109804

(b) Subject to division (D) of this section, failing or	109805
refusing to do either of the following:	109806

(i) Admit as a resident of the ICF/IID an individual because	109807
the individual is, or may (as a resident of the ICF/IID) become, a	109808
medicaid recipient if less than eighty per cent of the ICF/IID's	109809
residents are medicaid recipients;	109810

(ii) Retain as a resident of the ICF/IID an individual	109811
because the individual is, or may (as a resident of the ICF/IID)	109812
become, a medicaid recipient.	109813

(B) Unless otherwise required by federal law, an ICF/IID bed	109814
is not required to be included in a provider agreement if the bed	109815
is designated for respite care under a medicaid waiver component	109816
operated pursuant to a waiver sought under section 5166.20 of the	109817
Revised Code.	109818

(C) For the purpose of division (A)(2)(b)(ii) of this	109819
section, a medicaid recipient who is a resident of an ICF/IID	109820
shall be considered a resident of the ICF/IID during any hospital	109821
stays totaling less than twenty-five days during any twelve-month	109822
period. A medicaid recipient identified by the department of	109823
developmental disabilities or its designee as requiring the level	109824
of care of an ICF/IID shall not be subject to a maximum period of	109825
absences during which the recipient is considered to be an ICF/IID	109826
resident if prior authorization of the department for visits with	109827
relatives and friends and participation in therapeutic programs is	109828
obtained in accordance with rules adopted under section 5124.03 of	109829
the Revised Code.	109830

(D) Nothing in this section shall bar a provider from doing	109831
any of the following:	109832

(1) If the provider is a religious organization operating a	109833
religious or denominational ICF/IID, giving preference to persons	109834
of the same religion or denomination;	109835

(2) Giving preference to persons with whom the provider has	109836
contracted to provide continuing care;	109837

(3) Retaining residents who have resided in the provider's	109838
ICF/IID for not less than one year as private pay residents and	109839
who subsequently become medicaid recipients but refusing to admit	109840
as a resident an individual who is, or may (as a resident of the	109841
ICF/IID) become, a medicaid recipient, if all of the following	109842
apply:	109843

(a) The provider does not refuse to retain a resident who has	109844
resided in the provider's ICF/IID for not less than one year as a	109845
private pay resident because the resident becomes a medicaid	109846
recipient, except as necessary to comply with division (D)(3)(b)	109847
of this section.	109848

(b) The number of medicaid recipients retained under division	109849
(D)(3) of this section does not at any time exceed ten per cent of	109850
all the ICF/IID's residents.	109851

(c) On July 1, 1980, all the ICF/IID's residents were private	109852
pay residents.	109853

(E) No provider shall violate the provider agreement	109854
obligations imposed by this section.	109855

Sec. 5124.081. An ICF/IID resident has a cause of action	109856
against the provider of the ICF/IID for breach of the provider	109857
agreement obligations or other duties imposed by section 5124.08	109858
of the Revised Code. The action may be commenced by the resident,	109859
or on the resident's behalf by the resident's sponsor, by the	109860
filing of a civil action in the court of common pleas of the	109861
county in which the ICF/IID is located or in the court of common	109862
pleas of Franklin county.	109863

If a court of common pleas finds that a provider has breached	109864
a provider agreement obligation or other duty imposed by section	109865
5124.08 of the Revised Code, the court may do one or more of the	109866
following:	109867

(A) Enjoin the provider from engaging in the practice;

109868

(B) Order such affirmative relief as may be necessary;

109869

(C) Award to a resident and a sponsor that brings the action	109870
on behalf of a resident actual damages, costs, and reasonable	109871
attorney's fees.	109872

Sec. 5124.10. (A) Except as provided in division (D) of this	109873
section and division (E)(2) of section 5124.101 of the Revised	109874
Code, each ICF/IID provider shall file with the department of	109875
developmental disabilities an annual cost report for each of the	109876
provider's ICFs/IID for which the provider has a valid provider	109877
agreement. The cost report for a year shall cover the calendar	109878
year or portion of the calendar year during which the ICF/IID	109879
participated in the medicaid program. Except as provided in	109880
division (E) of this section, the cost report is due not later	109881
than ninety days after the end of the calendar year, or portion of	109882
the calendar year, that the cost report covers.	109883

(B)(1) If an ICF/IID undergoes a change of provider that the	109884
department determines, in accordance with rules adopted under	109885
section 5124.03 of the Revised Code, is not an arms length	109886
transaction, the new provider shall file the ICF/IID's cost report	109887
in accordance with division (A) of this section and the cost	109888
report shall cover the portion of the calendar year during which	109889
the new provider operated the ICF/IID and the portion of the	109890
calendar year during which the previous provider operated the	109891
ICF/IID.	109892

(2) If an ICF/IID undergoes a change of provider that the	109893
department determines, in accordance with rules adopted under	109894
section 5124.03 of the Revised Code, is an arms length	109895
transaction, the new provider shall file with the department a	109896
cost report for the ICF/IID not later than, except as provided in	109897
division (E) of this section, ninety days after the end of the	109898
ICF/IID's first three full calendar months of operation under the	109899
new provider. The cost report shall cover the period that begins	109900
with the ICF/IID's first day of operation under the new provider	109901
and ends on the first day of the month immediately following the	109902
first three full months of operation under the new provider.	109903

(C) If the medicaid payment rate for a new ICF/IID was most	109904
recently determined in accordance with section 5124.151 of the	109905
Revised Code, the provider shall file with the department a cost	109906
report for the new ICF/IID not later than, except as provided in	109907
division (E) of this section, ninety days after the end of the new	109908
ICF/IID's first three full calendar months of operation. The cost	109909
report shall cover the period that begins with the ICF/IID's first	109910
day of operation and ends on the first day of the month	109911
immediately following the first three full months of operation.	109912

(D) An ICF/IID provider is not required to file a cost report	109913
for an ICF/IID for a calendar year in accordance with division (A)	109914
of this section if the provider files a cost report for the	109915
ICF/IID under division (B)(2) or (C) of this section and that cost	109916
report covers a period that begins after the first day of October	109917
of that calendar year. The provider shall file a cost report for	109918
the ICF/IID in accordance with division (A) of this section for	109919
the immediately following calendar year.	109920

(E) The department may grant to a provider a fourteen-day	109921
extension to file a cost report under this section or section	109922
5124.101 of the Revised Code if the provider provides the	109923
department a written request for the extension and the department	109924
determines that there is good cause for the extension.	109925

Sec. 5124.101. (A) The provider of an ICF/IID that becomes a	109926
downsized ICF/IID or partially converted ICF/IID on or after July	109927
1, 2013, or becomes a new ICF/IID on or after that date, may file	109928
with the department of developmental disabilities a cost report	109929
covering the period specified in division (B) of this section if	109930
the following applies to the ICF/IID:	109931

(1) In the case of an ICF/IID that becomes a downsized	109932
ICF/IID or partially converted ICF/IID, the ICF/IID has either of	109933
the following on the day it becomes a downsized ICF/IID or	109934
partially converted ICF/IID:	109935

(a) A medicaid-certified capacity that is at least ten per	109936
cent less than its medicaid-certified capacity on the day	109937
immediately preceding the day it becomes a downsized ICF/IID or	109938
partially converted ICF/IID;	109939

(b) At least five fewer beds certified as ICF/IID beds than	109940
it has on the day immediately preceding the day it becomes a	109941
downsized ICF/IID or partially converted ICF/IID.	109942

(2) In the case of a new ICF/IID, the ICF/IID's beds are from	109943
a downsized ICF/IID and the downsized ICF/IID has either of the	109944
following on the day it becomes a downsized ICF/IID:	109945

(a) A medicaid-certified capacity that is at least ten per	109946
cent less than its medicaid-certified capacity on the day	109947
immediately preceding the day it becomes a downsized ICF/IID;	109948

(b) At least five fewer beds certified as ICF/IID beds than	109949
it has on the day immediately preceding the day it becomes a	109950
downsized ICF/IID.	109951

(B) A cost report filed under division (A) of this section	109952
shall cover the period that begins and ends as follows:	109953

(1) In the case of an ICF/IID that becomes a downsized	109954
ICF/IID or partially converted ICF/IID:	109955

(a) The period begins with the day that the ICF/IID becomes a	109956
downsized ICF/IID or partially converted ICF/IID.	109957

(b) The period ends on the last day of the last month of the	109958
first three full months of operation as a downsized ICF/IID or	109959
partially converted ICF/IID.	109960

(2) In the case of a new ICF/IID:

109961

(a) The period begins with the day that the provider	109962
agreement for the ICF/IID takes effect.	109963

(b) The period ends on the last day of the last month of the	109964
first three full months that the provider agreement is in effect.	109965

(C) The department shall refuse to accept a cost report filed	109966
under division (A) of this section if either of the following	109967
apply:	109968

(1) Except as provided in division (E) of section 5124.10 of	109969
the Revised Code, the provider fails to file the cost report with	109970
the department not later than ninety days after the last day of	109971
the period the cost report covers;	109972

(2) The cost report is incomplete or inadequate.

109973

(D) If the department accepts a cost report filed under	109974
division (A) of this section, the department shall use that cost	109975
report, rather than the cost report that otherwise would be used	109976
pursuant to section 5124.17, 5124.19, 5124.21, or 5124.23 of the	109977
Revised Code, to determine the ICF/IID's medicaid payment rate in	109978
accordance with this chapter for ICF/IID services the ICF/IID	109979
provides during the period that begins and ends as follows:	109980

(1) The period begins on the following:

109981

(a) In the case of an ICF/IID that becomes a downsized	109982
ICF/IID or partially converted ICF/IID:	109983

(i) The day that the ICF/IID becomes a downsized ICF/IID or	109984
partially converted ICF/IID if that day is the first day of a	109985
month;	109986

(ii) The first day of the month immediately following the	109987
month that the ICF/IID becomes a downsized ICF/IID or partially	109988
converted ICF/IID if division (D)(1)(a)(i) of this section does	109989
not apply.	109990

(b) In the case of a new ICF/IID, the day that the ICF/IID's	109991
provider agreement takes effect.	109992

(2) The period ends on the last day of the fiscal year that	109993
immediately precedes the fiscal year for which the ICF/IID begins	109994
to be paid a rate determined using a cost report that division (E)	109995
of this section requires be filed in accordance with division (A)	109996
of section 5124.10 of the Revised Code.	109997

(E)(1) If the department accepts a cost report filed under	109998
division (A) of this section for an ICF/IID that becomes a	109999
downsized ICF/IID or partially converted ICF/IID on or before the	110000
first day of October of a calendar year, or for a new ICF/IID that	110001
has a provider agreement that takes effect on or before that date,	110002
the provider also shall file a cost report for the ICF/IID in	110003
accordance with division (A) of section 5124.10 of the Revised	110004
Code for the portion of that calendar year that the ICF/IID	110005
operated as a downsized ICF/IID or partially converted ICF/IID or,	110006
in the case of a new ICF/IID, for the portion that the provider	110007
agreement was in effect.	110008

(2) If the department accepts a cost report filed under	110009
division (A) of this section for an ICF/IID that becomes a	110010
downsized ICF/IID or partially converted ICF/IID after the first	110011
day of October of a calendar year, or for a new ICF/IID that has a	110012
provider agreement that takes effect on or after that date, the	110013
provider is not required to file a cost report for that calendar	110014
year in accordance with division (A) of section 5124.10 of the	110015
Revised Code. The provider shall file a cost report for the	110016
ICF/IID in accordance with division (A) of section 5124.10 of the	110017
Revised Code for the immediately following calendar year.	110018

Sec. 5124.102. No ICF/IID provider shall report fines paid	110019
under section 5124.99 of the Revised Code in a cost report filed	110020
under section 5124.10, 5124.101, or 5124.522 of the Revised Code.	110021

Sec. 5124.103. Cost reports shall be completed using the	110022
form prescribed under section 5124.104 of the Revised Code and in	110023
accordance with the guidelines established under that section.	110024

Sec. 5124.104. The department of developmental disabilities	110025
shall do all of the following:	110026

(A) Prescribe the form to be used for completing a cost	110027
report and a uniform chart of accounts for the purpose of	110028
reporting costs on the form;	110029

(B) Distribute a paper copy of the form, or computer software	110030
for electronic submission of the form, to each provider at least	110031
sixty days before the date the cost report is due;	110032

110033

Sec. 5124.105. The department of developmental disabilities	110034
shall develop an addendum to the cost report form that an ICF/IID	110035
provider may use to set forth costs that the provider believes the	110036
department may dispute. The department may consider such costs in	110037
determining an ICF/IID's medicaid payment rate. If the department	110038
does not consider such costs in determining an ICF/IID's medicaid	110039
payment rate, the provider may seek reconsideration of the	110040
determination in accordance with section 5124.38 of the Revised	110041
Code. If the department subsequently includes such costs in an	110042
ICF/IID's medicaid payment rate, the department shall pay the	110043
provider interest at a reasonable rate established in rules	110044
adopted under section 5124.03 of the Revised Code for the period	110045
that the rate excluded the costs.	110046

Sec. 5124.106. If an ICF/IID provider required by section	110047
5124.10 of the Revised Code to file a cost report for the ICF/IID	110048
fails to file the cost report by the date it is due or the date,	110049
if any, to which the due date is extended pursuant to division (E)	110050
of that section, or files an incomplete or inadequate report for	110051
the ICF/IID under that section, the department of developmental	110052
disabilities shall provide immediate written notice to the	110053
provider that the provider agreement for the ICF/IID will be	110054
terminated in thirty days unless the provider submits a complete	110055
and adequate cost report for the ICF/IID within thirty days.	110056
During the thirty-day termination period or any additional time	110057
allowed for an appeal of the proposed termination of a provider	110058
agreement, the provider shall be paid the ICF/IID's then current	110059
per medicaid day payment rate, minus the dollar amount by which	110060
ICFs/IID's per medicaid day payment rates are reduced during	110061
fiscal year 2013 in accordance with division (A)(2) of section	110062
5111.26 of the Revised Code (renumbered as section 5165.10 of the	110063
Revised Code by H.B. 59 of the 130th general assembly) as that	110064
section existed on the day immediately preceding the effective	110065
date of this section. On the first day of each July, the	110066
department shall adjust the amount of the reduction in effect	110067
during the previous twelve months to reflect the rate of inflation	110068
during the preceding twelve months, as shown in the consumer price	110069
index for all items for all urban consumers for the midwest	110070
region, published by the United States bureau of labor statistics.	110071

Sec. 5124.107. (A) Except as provided in division (B) of	110072
this section and not later than three years after an ICF/IID	110073
provider files a cost report with the department of developmental	110074
disabilities under section 5124.10 or 5124.101 of the Revised	110075
Code, the provider may amend the cost report if the provider	110076
discovers a material error in the cost report or additional	110077
information to be included in the cost report. The department	110078
shall review the amended cost report for accuracy and notify the	110079
provider of its determination.	110080

(B) An ICF/IID provider may not amend a cost report if the	110081
department has notified the provider that an audit of the cost	110082
report or a cost report of the provider for a subsequent cost	110083
reporting period is to be conducted under section 5124.109 of the	110084
Revised Code. The provider may, however, provide the department	110085
information that affects the costs included in the cost report.	110086
Such information may not be provided after the adjudication of the	110087
final settlement of the cost report.	110088

Sec. 5124.108. The department of developmental disabilities	110089
shall conduct a desk review of all cost reports it receives under	110090
sections 5124.10, 5124.101, and 5124.522 of the Revised Code.	110091
Based on the desk review, the department shall make a preliminary	110092
determination of whether the reported costs are allowable costs.	110093
The department shall notify each ICF/IID provider of whether any	110094
of the reported costs are preliminarily determined not to be	110095
allowable costs, the medicaid payment rate determined under this	110096
chapter as a result of the determination regarding allowable	110097
costs, and the reasons for the determination and resulting rate.	110098
The department shall allow the provider to verify the calculation	110099
and submit additional information.	110100

Sec. 5124.109. (A) The department of developmental	110101
disabilities may conduct an audit, as defined in rules adopted	110102
under section 5124.03 of the Revised Code, of any cost report	110103
filed under section 5124.10, 5124.101, or 5124.522 of the Revised	110104
Code. The decision whether to conduct an audit and the scope of	110105
the audit, which may be a desk or field audit, may be determined	110106
based on prior performance of the provider, a risk analysis, or	110107
other evidence that gives the department reason to believe that	110108
the provider has reported costs improperly. A desk or field audit	110109
may be performed annually, but is required whenever a provider	110110
does not pass the risk analysis tolerance factors.	110111

(B) Audits shall be conducted by auditors under contract with	110112
the department, auditors working for firms under contract with the	110113
department, or auditors employed by the department.	110114

The department may establish a contract for the auditing of	110115
ICFs/IID by outside firms. Each contract entered into by bidding	110116
shall be effective for one to two years.	110117

(C) The department shall notify a provider of the findings of	110118
an audit of a cost report by issuing an audit report. The	110119
department shall issue the audit report not later than three years	110120
after the earlier of the following:	110121

(1) The date the cost report is filed;

110122

(2) The date a desk or field audit of the cost report or a	110123
cost report for a subsequent cost reporting period is completed.	110124

(D) The department shall prepare a written summary of any	110125
audit disallowance that is made after the effective date of the	110126
rate that is based on the cost. Where the provider is pursuing	110127
judicial or administrative remedies in good faith regarding the	110128
disallowance, the department shall not withhold from the	110129
provider's current payments any amounts the department claims to	110130
be due from the provider pursuant to section 5124.41 of the	110131
Revised Code.	110132

(E)(1) The department shall establish an audit manual and	110133
program for field audits conducted under this section. Each	110134
auditor conducting a field audit under this section shall follow	110135
the audit manual and program, regardless of whether the auditor is	110136
under contract with the department, works for a firm under	110137
contract with the department, or is employed by the department.	110138
The manual and program shall do both of the following:	110139

(a) Require each field audit to be conducted by an auditor to	110140
whom all of the following apply:	110141

(i) During the period of the auditor's contract, firm's	110142
contract, or auditor's employment with the department, the auditor	110143
or firm does not have and is not committed to acquire any direct	110144
or indirect financial interest in the ownership, financing, or	110145
operation of ICFs/IID in this state.	110146

(ii) The auditor does not audit any provider that has been a	110147
client of the auditor or the auditor's firm.	110148

(iii) The auditor is otherwise independent as determined by	110149
the standards of independence included in the government auditing	110150
standards produced by the United States government accountability	110151
office.	110152

(b) Require each auditor conducting a field audit to do all	110153
of the following:	110154

(i) Comply with applicable rules prescribed pursuant to Title	110155
XIX;	110156

(ii) Consider generally accepted auditing standards	110157
prescribed by the American institute of certified public	110158
accountants;	110159

(iii) Include a written summary as to whether the costs	110160
included in the cost report examined during the audit are	110161
allowable and are presented in accordance with state and federal	110162
laws and regulations, and whether, in all material respects,	110163
allowable costs are documented, reasonable, and related to patient	110164
care;	110165

(iv) Complete the audit within the time period specified by	110166
the department;	110167

(v) Provide to the provider complete written interpretations	110168
that explain in detail the application of all relevant contract	110169
provisions, regulations, auditing standards, rate formulae, and	110170
departmental policies, with explanations and examples, that are	110171
sufficient to permit the provider to calculate with reasonable	110172
certainty those costs that are allowable and the rate to which the	110173
provider's ICF/IID is entitled.	110174

(2) For the purpose of division (E)(1)(a)(i) of this section,	110175
employment of a member of an auditor's family by an ICF/IID that	110176
the auditor does not audit does not constitute a direct or	110177
indirect financial interest in the ownership, financing, or	110178
operation of the ICF/IID.	110179

~~Sec. 5111.224.~~ Sec. 5124.15. (A) Except as otherwise provided by	110180
sections ~~5111.20~~5124.151 to ~~5111.331~~5124.154 of the Revised Code	110181
and by division (B) of this section, the ~~payments~~total per	110182
medicaid day payment rate that the department of ~~job and family~~	110183
~~services~~developmental disabilities shall ~~agree to make~~pay to ~~the~~	110184
an ICF/IID provider ~~of an intermediate care facility for the~~	110185
~~mentally retarded pursuant to a provider agreement~~for ICF/IID	110186
services the provider's ICF/IID provides during a fiscal year	110187
shall equal the sum of all of the following:	110188

(1) The per medicaid day payment rate for capital costs	110189
determined for the ICF/IID under section 5124.17 of the Revised	110190
Code;	110191

(2) The per medicaid day payment rate for direct care costs	110192
determined for the ~~facility~~ICF/IID under section ~~5111.23~~5124.19	110193
of the Revised Code;	110194

~~(2)~~(3) The per medicaid day payment rate for indirect care	110195
costs determined for the ICF/IID under section 5124.21 of the	110196
Revised Code;	110197

(4) The per medicaid day payment rate for other protected	110198
costs determined for the ~~facility~~ICF/IID under section ~~5111.235~~	110199
5124.23 of the Revised Code;	110200

~~(3) The rate for indirect care costs determined for the~~	110201
~~facility under section 5111.241 of the Revised Code;~~	110202

~~(4) The rate for capital costs determined for the facility~~	110203
~~under section 5111.251 of the Revised Code~~.	110204

(B) The department shall adjust the total rate otherwise	110205
determined under division (A) of this section as directed by the	110206
general assembly through the enactment of law governing medicaid	110207
payments to ICF/IID providers ~~of intermediate care facilities for~~	110208
~~the mentally retarded~~.	110209

(C) In addition to paying an ICF/IID provider the total rate	110210
determined for the provider's ICF/IID under divisions (A) and (B)	110211
of this section for a fiscal year, the department, in accordance	110212
with section 5124.25 of the Revised Code, may pay the provider a	110213
rate add-on for pediatric ventilator-dependent outlier ICF/IID	110214
services if the rate add-on is to be paid under that section and	110215
the department approves the provider's application for the rate	110216
add-on. The rate add-on is not to be part of the ICF/IID's total	110217
rate.	110218

~~Sec. 5111.255.~~ Sec. 5124.151. (A) The ~~department of job and family~~	110219
~~services shall establish initial rates for an intermediate care~~	110220
~~facility for the mentally retarded with a first date of licensure~~	110221
~~that is on or after January 1, 1993, including a facility that~~	110222
~~replaces one or more existing facilities, or for an intermediate~~	110223
~~care facility for the mentally retarded with a first date of~~	110224
~~licensure before that date that was initially certified for the~~	110225
~~medicaid program on or after that date,~~total per medicaid day	110226
payment rate determined under section 5124.15 of the Revised Code	110227
shall not be the initial rate for ICF/IID services provided by a	110228
new ICF/IID. Instead, the initial total per medicaid day payment	110229
rate for ICF/IID services provided by a new ICF/IID shall be	110230
determined in the following manner:	110231

(1) The initial rate for capital costs shall be determined	110232
under section 5124.17 of the Revised Code using the greater of the	110233
new ICF/IID's actual inpatient days or an imputed occupancy rate	110234
of eighty per cent.	110235

(2) The initial rate for direct care costs shall be	110236
determined as follows:	110237

(a) If there are no cost or resident assessment data for the	110238
new ICF/IID as necessary to ~~calculate~~determine a rate under	110239
section ~~5111.23~~5124.19 of the Revised Code, the rate shall be	110240
determined as follows:	110241

(i) Determine the median cost per case-mix unit ~~calculated~~	110242
under division (B)~~(1)~~ of ~~that~~ section 5124.19 of the Revised Code	110243
for the ~~relevant~~new ICF/IID's peer group for the calendar year	110244
immediately preceding the fiscal year in which the rate will be	110245
paid~~, multiplied~~;	110246

(ii) Multiply the amount determined under division	110247
(A)(2)(a)(i) of this section by the median annual average case-mix	110248
score for the new ICF/IID's peer group for that period ~~and~~;	110249

(iii) Adjust the product determined under division	110250
(A)(2)(a)(ii) of this section by the rate of inflation estimated	110251
under division ~~(B)(3)~~(D) of ~~that~~ section 5124.19 of the Revised	110252
Code. ~~This rate shall be recalculated to reflect the facility's~~	110253
~~actual quarterly average case-mix score, in accordance with that~~	110254
~~section, after it submits its first quarterly assessment data that~~	110255
~~qualifies for use in calculating a case-mix score in accordance~~	110256
~~with rules authorized by division (E) of section 5111.232 of the~~	110257
~~Revised Code. If the facility's first two quarterly submissions do~~	110258
~~not contain assessment data that qualifies for use in calculating~~	110259
~~a case-mix score, the department shall continue to calculate the~~	110260
~~rate using the median annual case-mix score for the peer group in~~	110261
~~lieu of an assigned quarterly case-mix score. The department shall~~	110262
~~assign a case-mix score or, if necessary, a cost per case-mix unit~~	110263
~~under division (D) of section 5111.232 of the Revised Code for any~~	110264
~~subsequent submissions that do not contain assessment data that~~	110265
~~qualifies for use in calculating a case-mix score.~~	110266

(b) If the ~~facility~~new ICF/IID is a replacement ~~facility~~	110267
ICF/IID and the ~~facility~~ICF/IID or ~~facilities~~ICFs/IID that are	110268
being replaced are in operation immediately before the ~~replacement~~	110269
~~facility~~new ICF/IID opens, the rate shall be the same as the rate	110270
for the replaced ~~facility~~ICF/IID or ~~facilities~~ICFs/IID,	110271
proportionate to the number of ICF/IID beds in each replaced	110272
~~facility~~ICF/IID. ~~If one or more of the replaced facilities is~~	110273

(c) If the new ICF/IID is a replacement ICF/IID and the	110274
ICF/IID or ICFs/IID that are being replaced are not in operation	110275
immediately before the ~~replacement facility~~new ICF/IID opens, ~~its~~	110276
~~proportion~~the rate shall be determined under division	110277
(A)~~(1)~~(2)(a) of this section.	110278

~~(2)~~(3) The initial rate for indirect care costs shall be the	110279
maximum rate for the new ICF/IID's peer group as determined for	110280
the fiscal year in accordance with division (C) of section 5124.21	110281
of the Revised Code.	110282

(4) The initial rate for other protected costs shall be one	110283
hundred fifteen per cent of the median rate for ~~intermediate care~~	110284
~~facilities for the mentally retarded calculated~~ICFs/IID	110285
determined for the fiscal year under section ~~5111.235~~5124.23 of	110286
the Revised Code.	110287

~~(3) The rate for indirect care costs shall be the applicable~~	110288
~~maximum rate for the facility's peer group as specified in~~	110289
~~division (B) of section 5111.241 of the Revised Code.~~	110290

~~(4) The rate for capital costs shall be determined under~~	110291
~~section 5111.251 of the Revised Code using the greater of actual~~	110292
~~inpatient days or an imputed occupancy rate of eighty per cent.~~	110293

(B) ~~The~~(1) Except as provided in division (B)(2) of this	110294
section, the department shall adjust ~~the rates established~~a new	110295
ICF/IID's initial total per medicaid day payment rate determined	110296
under ~~division (A) of~~ this section ~~at both of the following~~	110297
~~times:~~	110298

~~(1) Effective~~effective the first day of July, to reflect new	110299
rate ~~calculations~~determinations for all ~~facilities~~ICFs/IID	110300
under ~~sections 5111.20 to 5111.331 of the Revised Code;~~	110301

~~(2) Following the provider's submission of the facility's~~	110302
~~cost report under division (A)(1)(b) of section 5111.26 of the~~	110303
~~Revised Code~~ this chapter.	110304

~~The department shall pay the rate adjusted based on the cost~~	110305
~~report beginning the first day of the calendar quarter that begins~~	110306
~~more than ninety days after the department receives the cost~~	110307
~~report.~~	110308

(2) If the department accepts, under division (A) of section	110309
5124.101 of the Revised Code, a cost report filed by the provider	110310
of a new ICF/IID, the department shall adjust the ICF/IID's	110311
initial total per medicaid day payment rate in accordance with	110312
divisions (D) and (E) of that section rather than division (B)(1)	110313
of this section.	110314

Sec. 5124.152. (A) The total per medicaid day payment rate	110315
determined under section 5124.15 of the Revised Code shall not be	110316
paid for ICF/IID services provided by an ICF/IID, or discrete unit	110317
of an ICF/IID, designated by the department of developmental	110318
disabilities as an outlier ICF/IID or unit. Instead, the provider	110319
of a designated outlier ICF/IID or unit shall be paid each fiscal	110320
year a total per medicaid day payment rate that the department	110321
shall prospectively determine in accordance with a methodology	110322
established in rules authorized by this section.	110323

(B) The department may designate an ICF/IID, or discrete unit	110324
of an ICF/IID, as an outlier ICF/IID or unit if the ICF/IID or	110325
unit serves residents who have either of the following:	110326

(1) Diagnoses or special care needs that require direct care	110327
resources that are not measured adequately by the resident	110328
assessment instrument specified in rules authorized by section	110329
5124.191 of the Revised Code;	110330

(2) Diagnoses or special care needs that are specified in	110331
rules authorized by this section as otherwise qualifying for	110332
consideration under this section.	110333

(C) Notwithstanding any other provision of this chapter, the	110334
costs incurred by a designated outlier ICF/IID or unit shall not	110335
be considered in establishing medicaid payment rates for other	110336
ICFs/IID or units.	110337

(D) The director of developmental disabilities shall adopt	110338
rules under section 5124.03 of the Revised Code as necessary to	110339
implement this section.	110340

(1)(a) The rules shall do both of the following:

110341

(i) Specify the criteria and procedures the department will	110342
apply when designating an ICF/IID, or discrete unit of an ICF/IID,	110343
as an outlier ICF/IID or unit;	110344

(ii) Establish a methodology for prospectively determining	110345
the total per medicaid day payment rate that will be paid each	110346
fiscal year for ICF/IID services provided by a designated outlier	110347
ICF/IID or unit.	110348

(b) The rules adopted under division (D)(1)(a)(i) of this	110349
section regarding the criteria for designating outlier ICFs/IID	110350
and units shall do both of the following:	110351

(i) Provide for consideration of whether all of the allowable	110352
costs of an ICF/IID, or discrete unit of an ICF/IID, would be paid	110353
by the rate determined under section 5124.15 of the Revised Code;	110354

(ii) Specify the minimum number of ICF/IID beds that an	110355
ICF/IID, or discrete unit of an ICF/IID, must have to be	110356
designated an outlier ICF/IID or unit.	110357

(c) The rules authorized by division (D)(1)(a)(i) of this	110358
section regarding the criteria for designating outlier ICFs/IID	110359
and units shall not limit the designation to ICFs/IID, or discrete	110360
units of ICFs/IID, located in large cities.	110361

(d) The rules authorized by division (D)(1)(a)(ii) of this	110362
section regarding the methodology for prospectively determining	110363
the rates of designated outlier ICFs/IID and units shall provide	110364
for the methodology to consider the historical costs of providing	110365
ICF/IID services to the residents of designated outlier ICFs/IID	110366
and units.	110367

(2)(a) The rules may do both of the following:

110368

(i) Include for designation as an outlier ICF/IID or unit, an	110369
ICF/IID, or discrete unit of an ICF/IID, that serves residents who	110370
have complex medical conditions or severe behavioral problems;	110371

(ii) Require that a designated outlier ICF/IID or unit	110372
receive authorization from the department before admitting or	110373
retaining a resident.	110374

(b) If the director adopts rules authorized by division	110375
(D)(2)(a)(ii) of this section regarding the authorization of a	110376
designated outlier ICF/IID or unit to admit or retain a resident,	110377
the rules shall specify the criteria and procedures the department	110378
will apply when granting the authorization.	110379

Sec. 5124.153. (A) To the extent, if any, provided for in	110380
rules authorized by this section, the total per medicaid day	110381
payment rate determined under section 5124.15 of the Revised Code	110382
shall not be paid for ICF/IID services that an ICF/IID not	110383
designated as an outlier ICF/IID or unit provides to a resident	110384
who meets the criteria for admission to a designated outlier	110385
ICF/IID or unit, as specified in rules authorized by section	110386
5124.152 of the Revised Code. Instead, the provider of an ICF/IID	110387
providing ICF/IID services to such a resident shall be paid each	110388
fiscal year a total per medicaid day payment rate that the	110389
department shall prospectively determine in accordance with a	110390
methodology established in rules authorized by this section.	110391

(B) The director of developmental disabilities may adopt	110392
rules under section 5124.03 of the Revised Code to implement this	110393
section. The rules may require that an ICF/IID receive	110394
authorization from the department before admitting or retaining a	110395
resident who meets the criteria for admission to a designated	110396
outlier ICF/IID or unit. If the director adopts such rules, the	110397
rules shall specify the criteria and procedures the department	110398
will apply when granting the authorization.	110399

~~Sec. 5111.291.~~ Sec. 5124.154. ~~Notwithstanding sections 5111.20 to~~	110400
~~5111.331 of the Revised Code~~The department of developmental	110401
disabilities is not required to pay the total per medicaid day	110402
payment rates determined under section 5124.15 of the Revised Code	110403
for ICF/IID services provided by developmental centers. Instead,	110404
the department ~~of job and family services~~ may ~~compute~~determine	110405
the ~~rate~~medicaid payment rates for ~~intermediate care facilities~~	110406
~~for the mentally retarded operated by the department of~~	110407
developmental ~~disabilities or the department of mental health~~	110408
centers according to the reasonable cost principles of Title	110409
XVIII.	110410

~~Sec. 5111.251.~~ Sec. 5124.17. (A) ~~The~~For each fiscal year, the	110411
department of ~~job and family services~~developmental disabilities	110412
shall ~~pay a provider for~~determine each ~~of the provider's eligible~~	110413
~~intermediate care facilities for the mentally retarded for its~~	110414
~~reasonable capital costs, a~~ICF/IID's per ~~resident per~~medicaid	110415
day payment rate ~~established prospectively each fiscal year for~~	110416
~~each intermediate care facility for the mentally retarded~~for	110417
reasonable capital costs. Except as otherwise provided in	110418
~~sections 5111.20 to 5111.331 of the Revised Code~~this chapter, ~~the~~	110419
an ICF/IID's rate shall be determined prospectively and based on	110420
the ~~facility's~~ICF/IID's capital costs for the calendar year	110421
preceding the fiscal year in which the rate will be paid. ~~The~~	110422
Subject to section 5124.28, an ICF/IID's rate shall equal the sum	110423
of the following:	110424

(1) The ~~facility's~~ICF/IID's desk-reviewed, actual,	110425
allowable, per diem ~~cost~~costs of ownership for the immediately	110426
preceding cost reporting period, limited as provided in divisions	110427
(B) and (C) ~~and (F)~~ of this section;	110428

(2) ~~Any efficiency incentive determined under division (B) of~~	110429
~~this section;~~	110430

~~(3) Any amounts for~~The ICF/IID's per medicaid day payment	110431
for the ICF/IID's per diem capitalized costs of nonextensive	110432
renovations determined under division (D)(1) of this section if	110433
the ICF/IID qualifies for a payment for such costs as specified in	110434
division (D)(2) of this section;	110435

~~(4) Any amounts for~~(3) The ICF/IID's per medicaid day	110436
efficiency incentive determined under division (E) of this	110437
section;	110438

(4) Until fiscal year 2015, the ICF/IID's return on net	110439
equity determined under division ~~(H)~~(F) of this section.	110440

~~Buildings shall be depreciated using the straight line method~~	110441
~~over forty years or over a different period approved by the~~	110442
~~department. Components and equipment shall be depreciated using~~	110443
~~the straight line method over a period designated by the director~~	110444
~~of job and family services in rules adopted under section 5111.02~~	110445
~~of the Revised Code, consistent with the guidelines of the~~	110446
~~American hospital association, or over a different period approved~~	110447
~~by the department of job and family services. Any rules authorized~~	110448
~~by this division that specify useful lives of buildings,~~	110449
~~components, or equipment apply only to assets acquired on or after~~	110450
~~July 1, 1993. Depreciation for costs paid or reimbursed by any~~	110451
~~government agency shall not be included in costs of ownership or~~	110452
~~renovation unless that part of the payment under sections 5111.20~~	110453
~~to 5111.331 of the Revised Code is used to reimburse the~~	110454
~~government agency.~~	110455

(B) ~~The department of job and family services shall pay to a~~	110456
~~provider for each of the provider's eligible intermediate care~~	110457
~~facilities for the mentally retarded an efficiency incentive equal~~	110458
~~to fifty per cent of the difference between any desk-reviewed,~~	110459
~~actual, allowable cost of ownership and the applicable limit on~~	110460
~~cost of ownership payments under division (C) of this section. For~~	110461
~~purposes of computing the efficiency incentive, depreciation for~~	110462
~~costs paid or reimbursed by any government agency shall be~~	110463
~~considered as a cost of ownership, and the applicable limit under~~	110464
~~division (C) of this section shall apply both to facilities with~~	110465
~~more than eight beds and facilities with eight or fewer beds. The~~	110466
~~efficiency incentive paid to a provider for a facility with eight~~	110467
~~or fewer beds shall not exceed three dollars per patient day,~~	110468
~~adjusted annually for the inflation rate for the twelve-month~~	110469
~~period beginning on the first day of July of the calendar year~~	110470
~~preceding the calendar year that precedes the fiscal year for~~	110471
~~which the efficiency incentive is determined and ending on the~~	110472
~~thirtieth day of the following June, using the consumer price~~	110473
~~index for shelter costs for all urban consumers for the north~~	110474
~~central region, as published by the United States bureau of labor~~	110475
~~statistics.~~	110476

~~(C) Cost~~The costs of ownership ~~payments~~per diem payment	110477
rates for ~~intermediate care facilities for the mentally retarded~~	110478
ICFs/IID with more than eight beds shall not exceed the following	110479
limits:	110480

(1) For ~~facilities~~ICFs/IID with dates of licensure prior to	110481
January 1, l958, not exceeding two dollars and fifty cents ~~per~~	110482
~~patient day~~;	110483

(2) For ~~facilities~~ICFs/IID with dates of licensure after	110484
December 31, l957, but prior to January 1, l968, not exceeding:	110485

(a) Three dollars and fifty cents ~~per patient day~~ if the cost	110486
of construction was three thousand five hundred dollars or more	110487
per bed;	110488

(b) Two dollars and fifty cents ~~per patient day~~ if the cost	110489
of construction was less than three thousand five hundred dollars	110490
per bed.	110491

(3) For ~~facilities~~ICFs/IID with dates of licensure after	110492
December 31, l967, but prior to January 1, l976, not exceeding:	110493

(a) Four dollars and fifty cents ~~per patient day~~ if the cost	110494
of construction was five thousand one hundred fifty dollars or	110495
more per bed;	110496

(b) Three dollars and fifty cents ~~per patient day~~ if the cost	110497
of construction was less than five thousand one hundred fifty	110498
dollars per bed, but exceeds three thousand five hundred dollars	110499
per bed;	110500

(c) Two dollars and fifty cents ~~per patient day~~ if the cost	110501
of construction was three thousand five hundred dollars or less	110502
per bed.	110503

(4) For ~~facilities~~ICFs/IID with dates of licensure after	110504
December 31, l975, but prior to January 1, l979, not exceeding:	110505

(a) Five dollars and fifty cents ~~per patient day~~ if the cost	110506
of construction was six thousand eight hundred dollars or more per	110507
bed;	110508

(b) Four dollars and fifty cents ~~per patient day~~ if the cost	110509
of construction was less than six thousand eight hundred dollars	110510
per bed but exceeds five thousand one hundred fifty dollars per	110511
bed;	110512

(c) Three dollars and fifty cents ~~per patient day~~ if the cost	110513
of construction was five thousand one hundred fifty dollars or	110514
less per bed, but exceeds three thousand five hundred dollars per	110515
bed;	110516

(d) Two dollars and fifty cents ~~per patient day~~ if the cost	110517
of construction was three thousand five hundred dollars or less	110518
per bed.	110519

(5) For ~~facilities~~ICFs/IID with dates of licensure after	110520
December 31, l978, but prior to January 1, l980, not exceeding:	110521

(a) Six dollars ~~per patient day~~ if the cost of construction	110522
was seven thousand six hundred twenty-five dollars or more per	110523
bed;	110524

(b) Five dollars and fifty cents ~~per patient day~~ if the cost	110525
of construction was less than seven thousand six hundred	110526
twenty-five dollars per bed but exceeds six thousand eight hundred	110527
dollars per bed;	110528

(c) Four dollars and fifty cents ~~per patient day~~ if the cost	110529
of construction was six thousand eight hundred dollars or less per	110530
bed but exceeds five thousand one hundred fifty dollars per bed;	110531

(d) Three dollars and fifty cents ~~per patient day~~ if the cost	110532
of construction was five thousand one hundred fifty dollars or	110533
less but exceeds three thousand five hundred dollars per bed;	110534

(e) Two dollars and fifty cents ~~per patient day~~ if the cost	110535
of construction was three thousand five hundred dollars or less	110536
per bed.	110537

(6) For ~~facilities~~ICFs/IID with dates of licensure after	110538
December 31, 1979, but prior to January 1, 1981, not exceeding:	110539

(a) Twelve dollars ~~per patient day~~ if the beds were	110540
originally licensed as residential facility beds by the department	110541
of developmental disabilities;	110542

(b) Six dollars ~~per patient day~~ if the beds were originally	110543
licensed as nursing home beds by the department of health.	110544

(7) For ~~facilities~~ICFs/IID with dates of licensure after	110545
December 31, 1980, but prior to January 1, 1982, not exceeding:	110546

(a) Twelve dollars ~~per patient day~~ if the beds were	110547
originally licensed as residential facility beds by the department	110548
of developmental disabilities;	110549

(b) Six dollars and forty-five cents ~~per patient day~~ if the	110550
beds were originally licensed as nursing home beds by the	110551
department of health.	110552

(8) For ~~facilities~~ICFs/IID with dates of licensure after	110553
December 31, 1981, but prior to January 1, 1983, not exceeding:	110554

(a) Twelve dollars ~~per patient day~~ if the beds were	110555
originally licensed as residential facility beds by the department	110556
of developmental disabilities;	110557

(b) Six dollars and seventy-nine cents ~~per patient day~~ if the	110558
beds were originally licensed as nursing home beds by the	110559
department of health.	110560

(9) For ~~facilities~~ICFs/IID with dates of licensure after	110561
December 31, 1982, but prior to January 1, 1984, not exceeding:	110562

(a) Twelve dollars ~~per patient day~~ if the beds were	110563
originally licensed as residential facility beds by the department	110564
of developmental disabilities;	110565

(b) Seven dollars and nine cents ~~per patient day~~ if the beds	110566
were originally licensed as nursing home beds by the department of	110567
health.	110568

(10) For ~~facilities~~ICFs/IID with dates of licensure after	110569
December 31, 1983, but prior to January 1, 1985, not exceeding:	110570

(a) Twelve dollars and twenty-four cents ~~per patient day~~ if	110571
the beds were originally licensed as residential facility beds by	110572
the department of developmental disabilities;	110573

(b) Seven dollars and twenty-three cents ~~per patient day~~ if	110574
the beds were originally licensed as nursing home beds by the	110575
department of health.	110576

(11) For ~~facilities~~ICFs/IID with dates of licensure after	110577
December 31, 1984, but prior to January 1, 1986, not exceeding:	110578

(a) Twelve dollars and fifty-three cents ~~per patient day~~ if	110579
the beds were originally licensed as residential facility beds by	110580
the department of developmental disabilities;	110581

(b) Seven dollars and forty cents ~~per patient day~~ if the beds	110582
were originally licensed as nursing home beds by the department of	110583
health.	110584

(12) For ~~facilities~~ICFs/IID with dates of licensure after	110585
December 31, 1985, but prior to January 1, 1987, not exceeding:	110586

(a) Twelve dollars and seventy cents ~~per patient day~~ if the	110587
beds were originally licensed as residential facility beds by the	110588
department of developmental disabilities;	110589

(b) Seven dollars and fifty cents ~~per patient day~~ if the beds	110590
were originally licensed as nursing home beds by the department of	110591
health.	110592

(13) For ~~facilities~~ICFs/IID with dates of licensure after	110593
December 31, 1986, but prior to January 1, 1988, not exceeding:	110594

(a) Twelve dollars and ninety-nine cents ~~per patient day~~ if	110595
the beds were originally licensed as residential facility beds by	110596
the department of developmental disabilities;	110597

(b) Seven dollars and sixty-seven cents ~~per patient day~~ if	110598
the beds were originally licensed as nursing home beds by the	110599
department of health.	110600

(14) For ~~facilities~~ICFs/IID with dates of licensure after	110601
December 31, 1987, but prior to January 1, 1989, not exceeding	110602
thirteen dollars and twenty-six cents ~~per patient day~~;	110603

(15) For ~~facilities~~ICFs/IID with dates of licensure after	110604
December 31, 1988, but prior to January 1, 1990, not exceeding	110605
thirteen dollars and forty-six cents ~~per patient day~~;	110606

(16) For ~~facilities~~ICFs/IID with dates of licensure after	110607
December 31, 1989, but prior to January 1, 1991, not exceeding	110608
thirteen dollars and sixty cents ~~per patient day~~;	110609

(17) For ~~facilities~~ICFs/IID with dates of licensure after	110610
December 31, 1990, but prior to January 1, 1992, not exceeding	110611
thirteen dollars and forty-nine cents ~~per patient day~~;	110612

(18) For ~~facilities~~ICFs/IID with dates of licensure after	110613
December 31, 1991, but prior to January 1, 1993, not exceeding	110614
thirteen dollars and sixty-seven cents ~~per patient day~~;	110615

(19) For ~~facilities~~ICFs/IID with dates of licensure after	110616
December 31, 1992, not exceeding fourteen dollars and twenty-eight	110617
cents ~~per patient day~~.	110618

(C)(1) The costs of ownership per diem payment rate for an	110619
ICF/IID with eight or fewer beds shall not exceed the following	110620
limits:	110621

(a) Eighteen dollars and thirty cents as adjusted for	110622
inflation pursuant to division (C)(2) of this section if any of	110623
the following apply to the ICF/IID:	110624

(i) The ICF/IID has a date of licensure, or was granted	110625
project authorization by the department of developmental	110626
disabilities, before July 1, 1993.	110627

(ii) The ICF/IID has a date of licensure, or was granted	110628
project authorization by the department, on or after July 1, 1993,	110629
and the provider demonstrates that the provider made substantial	110630
commitments of funds for the ICF/IID before that date.	110631

(iii) The ICF/IID has a date of licensure, or was granted	110632
project authorization by the department, on or after July 1, 1993,	110633
the provider made no substantial commitment of funds for the	110634
ICF/IID before that date, and the department of job and family	110635
services or department of developmental disabilities gave prior	110636
approval for the ICF/IID's construction.	110637

(b) If division (C)(1)(a) of this section does not apply to	110638
the ICF/IID, the amount that would apply to the ICF/IID under	110639
division (B) of this section if it had more than eight beds.	110640

(2) The eighteen-dollar and thirty-cent payment rate	110641
specified in division (C)(1)(a) of this section shall be increased	110642
as follows:	110643

(a) For the period beginning June 30, 1990, and ending July	110644
1, 1993, by the change in the "Dodge building cost indexes,	110645
northeastern and north central states," published by Marshall and	110646
Swift;	110647

(b) For each fiscal year thereafter, in accordance with	110648
division (G) of this section.	110649

(D)(1) Beginning January 1, 1981, regardless of the original	110650
date of licensure, the ~~department of job and family services shall~~	110651
~~pay a~~payment rate for the per diem capitalized costs of	110652
nonextensive renovations ~~to intermediate care facilities for the~~	110653
~~mentally retarded~~ made after January 1, l981, to a qualifying	110654
ICF/IID, shall not ~~exceeding~~exceed six dollars per ~~patient~~	110655
medicaid day using 1980 as the base year and adjusting the amount	110656
annually until June 30, 1993, for fluctuations in construction	110657
costs calculated by the department using the "Dodge building cost	110658
indexes, northeastern and north central states," published by	110659
Marshall and Swift. The payment rate shall be further adjusted in	110660
accordance with division (G) of this section. The payment provided	110661
for in this division is the only payment that shall be made for	110662
~~the~~an ICF/IID's capitalized costs of a nonextensive ~~renovation~~	110663
~~of an intermediate care facility for the mentally retarded~~	110664
renovations. ~~Nonextensive renovation costs~~Costs of nonextensive	110665
renovations shall not be included in ~~cost~~costs of ownership, and	110666
~~a nonextensive renovation~~ shall not affect the date of licensure	110667
for purposes of division (B) or (C) of this section. This division	110668
applies to nonextensive renovations regardless of whether they are	110669
made by an owner or a lessee. If the tenancy of a lessee that has	110670
made nonextensive renovations ends before the depreciation expense	110671
for the ~~renovation~~ costs of nonextensive renovations has been	110672
fully reported, the former lessee shall not report the	110673
undepreciated balance as an expense.	110674

~~For a nonextensive renovation to qualify~~(2) An ICF/IID	110675
qualifies for a payment ~~under this division, both~~for costs of	110676
nonextensive renovations if all of the following ~~conditions must~~	110677
~~be met~~apply:	110678

~~(1)~~(a) Either of the following applies:

110679

(i) The ICF/IID has more than eight beds and either the	110680
department approved the nonextensive renovation before July 1,	110681
2013, or the nonextensive renovation is part of a project that	110682
results in the ICF/IID becoming a downsized ICF/IID or partially	110683
converted ICF/IID.	110684

(ii) The ICF/IID has eight or fewer beds.

110685

(b) At least five years have elapsed since the ICF/IID's date	110686
of licensure or date of an extensive renovation of the portion of	110687
the ~~facility~~ICF/IID that is proposed to be nonextensively	110688
renovated, ~~except that this condition does not apply if~~unless the	110689
nonextensive renovation is necessary to meet the requirements of	110690
federal, state, or local statutes, ordinances, rules, or policies.	110691

~~(2)~~(c) The provider ~~has obtained prior approval from the~~	110692
~~department of job and family services. The provider shall submit~~	110693
of the ICF/IID does both of the following:	110694

(i) Submits to the department a plan that describes in detail	110695
the changes in capital assets to be accomplished by means of the	110696
nonextensive renovation and the timetable for completing the	110697
project~~. The time for completion of the project~~, which shall be no	110698
not more than eighteen months after the nonextensive renovation	110699
begins;	110700

(ii) Obtains prior approval from the department for the	110701
nonextensive renovation. ~~The~~	110702

(3) The director of ~~job and family services~~developmental	110703
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	110704
the Revised Code that specify criteria and procedures for prior	110705
approval of nonextensive renovation and extensive renovation	110706
projects. No provider shall separate a project with the intent to	110707
evade the characterization of the project as a nonextensive	110708
renovation or as an extensive renovation. No provider shall	110709
increase the scope of a project after it is approved by the	110710
department ~~of job and family services~~ unless the increase in scope	110711
is approved by the department.	110712

(E)(1) Subject to division (E)(2) of this section, an	110713
ICF/IID's per medicaid day efficiency incentive payment rate shall	110714
equal the following percentage of the difference between the	110715
ICF/IID's desk-reviewed, actual, allowable per diem costs of	110716
ownership and the applicable limit on costs of ownership payment	110717
rates established by division (B) of this section:	110718

(a) In the case of an ICF/IID with more than eight beds, the	110719
following percentage:	110720

(i) Fifty per cent for fiscal year 2014;

110721

(ii) Fifty per cent for fiscal year 2015 and each fiscal year	110722
thereafter if the provider of the ICF/IID obtains the department's	110723
approval to become a downsized ICF/IID and the approval is	110724
conditioned on the downsizing being completed not later than July	110725
1, 2018;	110726

(iii) Twenty-five per cent;

110727

(b) In the case of an ICF/IID with eight or fewer beds, fifty	110728
per cent.	110729

(2) The efficiency incentive payment rate for an ICF/IID with	110730
eight or fewer beds shall not exceed three dollars per medicaid	110731
day, adjusted annually in accordance with division (G) of this	110732
section. For the purpose of determining an ICF/IID's efficiency	110733
incentive payment rate, both of the following apply:	110734

(a) Depreciation for costs paid or reimbursed by any	110735
government agency shall be considered as a cost of ownership;	110736

(b) The applicable limit under division (B) of this section	110737
shall apply both to ICFs/IID with more than eight beds and	110738
ICFs/IID with eight or fewer beds.	110739

(F) An ICF/IID's return on net equity shall be determined at	110740
the rate of one and one-half times the average of interest rates	110741
on special issues of public debt obligations issued to the federal	110742
hospital insurance trust fund for the cost reporting period. In	110743
determining an ICF/IID's rate for return on net equity, the	110744
department shall use the greater of the ICF/IID's inpatient days	110745
during the applicable cost reporting period or the number of	110746
inpatient days the ICF/IID would have had during that period if	110747
the ICF/IID's occupancy rate had been ninety-five per cent. No	110748
ICF/IID's rate for return on net equity shall exceed one dollar	110749
per medicaid day. No ICF/IID's rate for capital costs shall	110750
include a rate for return on net equity beginning July 1, 2014.	110751

(G) The amounts specified in divisions (B), (C) ~~and~~, (D), and	110752
(E) of this section shall be adjusted beginning July 1, 1993, for	110753
the estimated inflation rate for the twelve-month period beginning	110754
on the first day of July of the calendar year immediately	110755
preceding the calendar year that immediately precedes the fiscal	110756
year for which rate will be paid and ending on the thirtieth day	110757
of the following June, using the consumer price index for shelter	110758
costs for all urban consumers for the ~~north central~~midwest	110759
region, as published by the United States bureau of labor	110760
statistics.	110761

~~(F)(1) For facilities of eight or fewer beds that have dates~~	110762
~~of licensure or have been granted project authorization by the~~	110763
~~department of developmental disabilities before July 1, 1993, and~~	110764
~~for facilities of eight or fewer beds that have dates of licensure~~	110765
~~or have been granted project authorization after that date if the~~	110766
~~providers of the facilities demonstrate that they made substantial~~	110767
~~commitments of funds on or before that date, cost of ownership~~	110768
~~shall not exceed eighteen dollars and thirty cents per resident~~	110769
~~per day. The eighteen-dollar and thirty-cent amount shall be~~	110770
~~increased by the change in the "Dodge building cost indexes,~~	110771
~~northeastern and north central states," published by Marshall and~~	110772
~~Swift, during the period beginning June 30, 1990, and ending July~~	110773
~~1, 1993, and by the change in the consumer price index for shelter~~	110774
~~costs for all urban consumers for the north central region, as~~	110775
~~published by the United States bureau of labor statistics,~~	110776
~~annually thereafter.~~	110777

~~(2) For facilities with eight or fewer beds that have dates~~	110778
~~of licensure or have been granted project authorization by the~~	110779
~~department of developmental disabilities on or after July 1, 1993,~~	110780
~~for which substantial commitments of funds were not made before~~	110781
~~that date, cost of ownership payments shall not exceed the~~	110782
~~applicable amount calculated under division (F)(1) of this~~	110783
~~section, if the department of job and family services gives prior~~	110784
~~approval for construction of the facility. If the department does~~	110785
~~not give prior approval, cost of ownership payments shall not~~	110786
~~exceed the amount specified in division (C) of this section.~~	110787

~~(3)~~(H) Notwithstanding divisions (C) and (D) ~~and (F)(1) and~~	110788
~~(2)~~ of this section, the total payment rate for ~~cost~~costs of	110789
ownership, ~~cost of ownership efficiency incentive, and~~ capitalized	110790
costs of nonextensive renovations, and the efficiency incentive	110791
for an ~~intermediate care facility for the mentally retarded~~	110792
ICF/IID with eight or fewer beds shall not exceed the sum of the	110793
limitations specified in divisions (C) and (D) of this section.	110794

~~(G) Notwithstanding any provision of this section or section~~	110795
~~5111.241 of the Revised Code, the director of job and family~~	110796
~~services may adopt rules under section 5111.02 of the Revised Code~~	110797
~~that provide for a calculation of a combined maximum payment limit~~	110798
~~for indirect care costs and cost of ownership for intermediate~~	110799
~~care facilities for the mentally retarded with eight or fewer~~	110800
~~beds.~~	110801

(H) ~~The department of job and family services shall pay a~~	110802
~~provider for each of the provider's eligible proprietary~~	110803
~~intermediate care facilities for the mentally retarded a return on~~	110804
~~the facility's net equity computed at the rate of one and one-half~~	110805
~~times the average of interest rates on special issues of public~~	110806
~~debt obligations issued to the federal hospital insurance trust~~	110807
~~fund for the cost reporting period. No facility's return on net~~	110808
~~equity paid under this division shall exceed one dollar per~~	110809
~~patient day.~~	110810

~~In calculating the rate for return on net equity, the~~	110811
~~department shall use the greater of the facility's inpatient days~~	110812
~~during the applicable cost reporting period or the number of~~	110813
~~inpatient days the facility would have had during that period if~~	110814
~~its occupancy rate had been ninety-five per cent.~~	110815

(I)(1) For the purpose of determining ICFs/IID's medicaid	110816
payment rates for capital costs:	110817

(a) Buildings shall be depreciated using the straight line	110818
method over forty years or over a different period approved by the	110819
department.	110820

(b) Components and equipment shall be depreciated using the	110821
straight line method over a period designated by the director of	110822
developmental disabilities in rules adopted under section 5124.03	110823
of the Revised Code, consistent with the guidelines of the	110824
American hospital association, or over a different period approved	110825
by the department.	110826

(2) Any rules authorized by division (I)(1) of this section	110827
that specify useful lives of buildings, components, or equipment	110828
apply only to assets acquired on or after July 1, 1993.	110829
Depreciation for costs paid or reimbursed by any government agency	110830
shall not be included in costs of ownership or costs of	110831
nonextensive renovations unless that part of the payment under	110832
this chapter is used to reimburse the government agency.	110833

(J)(1) Except as provided in division ~~(I)~~(J)(2) of this	110834
section, if a provider leases or transfers an interest in a	110835
~~facility~~an ICF/IID to another provider who is a related party,	110836
the related party's allowable ~~cost~~costs of ownership shall	110837
include the lesser of the following:	110838

(a) The annual lease expense or actual cost of ownership,	110839
whichever is applicable;	110840

(b) The reasonable cost to the lessor or provider making the	110841
transfer.	110842

(2) If a provider leases or transfers an interest in a	110843
~~facility~~an ICF/IID to another provider who is a related party,	110844
regardless of the date of the lease or transfer, the related	110845
party's allowable cost of ownership shall include the annual lease	110846
expense or actual cost of ownership, whichever is applicable,	110847
subject to the limitations specified in divisions (B) to ~~(H)~~(I) of	110848
this section, if all of the following conditions are met:	110849

(a) The related party is a relative of owner;

110850

(b) In the case of a lease, if the lessor retains any	110851
ownership interest, it is, except as provided in division	110852
~~(I)~~(J)(2)(d)(ii) of this section, in only the real property and	110853
any improvements on the real property;	110854

(c) In the case of a transfer, the provider making the	110855
transfer retains, except as provided in division ~~(I)~~(J)(2)(d)(iv)	110856
of this section, no ownership interest in the ~~facility~~ICF/IID;	110857

(d) The department ~~of job and family services~~ determines that	110858
the lease or transfer is an arm's length transaction pursuant to	110859
rules adopted under section ~~5111.02~~5124.03 of the Revised Code.	110860
The rules shall provide that a lease or transfer is an arm's	110861
length transaction if all of the following, as applicable, apply:	110862

(i) In the case of a lease, once the lease goes into effect,	110863
the lessor has no direct or indirect interest in the lessee or,	110864
except as provided in division ~~(I)~~(J)(2)(b) of this section, the	110865
~~facility~~ICF/IID itself, including interest as an owner, officer,	110866
director, employee, independent contractor, or consultant, but	110867
excluding interest as a lessor.	110868

(ii) In the case of a lease, the lessor does not reacquire an	110869
interest in the ~~facility~~ICF/IID except through the exercise of a	110870
lessor's rights in the event of a default. If the lessor	110871
reacquires an interest in the ~~facility~~ICF/IID in this manner, the	110872
department shall treat the ~~facility~~ICF/IID as if the lease never	110873
occurred when the department ~~calculates~~determines its	110874
~~reimbursement rates~~payment rate for capital costs.	110875

(iii) In the case of a transfer, once the transfer goes into	110876
effect, the provider that made the transfer has no direct or	110877
indirect interest in the provider that acquires the ~~facility~~	110878
ICF/IID or the ~~facility~~ICF/IID itself, including interest as an	110879
owner, officer, director, employee, independent contractor, or	110880
consultant, but excluding interest as a creditor.	110881

(iv) In the case of a transfer, the provider that made the	110882
transfer does not reacquire an interest in the ~~facility~~ICF/IID	110883
except through the exercise of a creditor's rights in the event of	110884
a default. If the provider reacquires an interest in the ~~facility~~	110885
ICF/IID in this manner, the department shall treat the ~~facility~~	110886
ICF/IID as if the transfer never occurred when the department	110887
~~calculates~~determines its ~~reimbursement rates~~payment rate for	110888
capital costs.	110889

(v) The lease or transfer satisfies any other criteria	110890
specified in the rules.	110891

(e) Except in the case of hardship caused by a catastrophic	110892
event, as determined by the department, or in the case of a lessor	110893
or provider making the transfer who is at least sixty-five years	110894
of age, not less than twenty years have elapsed since, for the	110895
same ~~facility~~ICF/IID, allowable cost of ownership was determined	110896
most recently under this division.	110897

~~Sec. 5111.23.~~ Sec. 5124.19. (A) ~~The~~(1) For each fiscal year, the	110898
department of ~~job and family services~~developmental disabilities	110899
shall ~~pay a provider for~~determine each ~~of the provider's eligible~~	110900
~~intermediate care facilities for the mentally retarded a~~ICF/IID's	110901
per ~~resident per~~medicaid day payment rate for direct care costs	110902
~~established prospectively for each facility. The department shall~~	110903
~~establish each facility's rate for direct care costs quarterly~~as	110904
follows:	110905

(a) Multiply the lesser of the following by the ICF/IID's	110906
annual average case-mix score determined or assigned under section	110907
5124.192 of the Revised Code for the calendar year immediately	110908
preceding the fiscal year for which the rate will be paid:	110909

(i) The ICF/IID's cost per case-mix unit for the calendar	110910
year immediately preceding the fiscal year for which the rate will	110911
be paid, as determined under division (B) of this section;	110912

(ii) The maximum cost per case-mix unit for the ICF/IID's	110913
peer group for the fiscal year for which the rate will be paid, as	110914
set under division (C) of this section;	110915

(b) Adjust the product determined under division (A)(1)(a) of	110916
this section by the inflation rate estimated under division (D)(1)	110917
of this section and modified under division (D)(2) of this	110918
section.	110919

(2) Except as otherwise directed by law enacted by the	110920
general assembly, the department shall determine each ICF/IID's	110921
rate for direct care costs prospectively.	110922

(B) ~~Each facility's rate for direct care costs shall be based~~	110923
~~on the facility's cost per case-mix unit, subject to the maximum~~	110924
~~costs per case-mix unit established under division (B)(2) of this~~	110925
~~section, from the calendar year preceding the fiscal year in which~~	110926
~~the rate is paid.~~ To determine ~~the rate, the department shall do~~	110927
~~all of the following:~~	110928

~~(1) Determine each facility's~~an ICF/IID's cost per case-mix	110929
unit for the calendar year immediately preceding the fiscal year	110930
in which the rate will be paid ~~by dividing~~, the ~~facility's~~	110931
department shall divide the ICF/IID's desk-reviewed, actual,	110932
allowable, per diem direct care costs for that calendar year by	110933
its annual average case-mix score determined under section	110934
~~5111.232~~5124.192 of the Revised Code for the same calendar year.	110935

~~(2)(a) Set~~(C)(1) For each fiscal year for which a rate will	110936
be paid, the department shall set the maximum cost per case-mix	110937
unit for each peer group of ~~intermediate care facilities for the~~	110938
~~mentally retarded~~ICFs/IID with more than eight beds ~~specified in~~	110939
~~rules adopted under division (F) of this section~~ at a percentage	110940
above the cost per case-mix unit ofdetermined under division (B)	110941
of this section for the ~~facility~~ICF/IID in the peer group that	110942
has the peer group's median number of medicaid ~~day~~days for the	110943
calendar year immediately preceding the fiscal year in which the	110944
rate will be paid~~, as calculated under division (B)(1) of this~~	110945
~~section, that is~~. The percentage shall be no less than the	110946
percentage ~~calculated under division (E)(2) of this section~~above	110947
the cost per case-mix unit determined under division (B) of this	110948
section for the ICF/IID that has the median number of medicaid	110949
days for calendar year 1992 for all ICFs/IID with more than eight	110950
beds that would result in payment of all desk-reviewed, actual,	110951
allowable direct care costs for eighty and one-half per cent of	110952
the medicaid days for such ICFs/IID for calendar year 1992.	110953

~~(b) Set~~(2) For each fiscal year for which a rate will be	110954
paid, the department shall set the maximum cost per case-mix unit	110955
for each peer group of ~~intermediate care facilities for the~~	110956
~~mentally retarded~~ICFs/IID with eight or fewer beds ~~specified in~~	110957
~~rules adopted under division (F) of this section~~ at a percentage	110958
above the cost per case-mix unit ofdetermined under division (B)	110959
of this section for the ~~facility~~ICF/IID in the peer group that	110960
has the peer group's median number of medicaid ~~day~~days for the	110961
calendar year immediately preceding the fiscal year in which the	110962
rate will be paid~~, as calculated under division (B)(1) of this~~	110963
~~section, that is~~. The percentage shall be no less than the	110964
percentage ~~calculated under division (E)(3) of this section~~above	110965
the cost per case-mix unit determined under division (B) of this	110966
section for the ICF/IID that has the median number of medicaid	110967
days for calendar year 1992 for all ICFs/IID with eight or fewer	110968
beds that would result in payment of all desk-reviewed, actual,	110969
allowable direct care costs for eighty and one-half per cent of	110970
the medicaid days for such ICFs/IID for calendar year 1992.	110971

~~(c)~~(3) In ~~calculating~~determining the maximum cost per	110972
case-mix unit under divisions ~~(B)(2)(a)~~(C)(1) and ~~(b)~~(2) of this	110973
section for each peer group, the department shall exclude from its	110974
~~calculations~~determinations the cost per case-mix unit of any	110975
~~facility~~ICF/IID in the peer group that participated in the	110976
medicaid program under the same ~~operator~~provider for less than	110977
twelve months during the calendar year immediately preceding the	110978
fiscal year in which the rate will be paid.	110979

~~(3) Estimate~~(4) The department shall not reset a peer	110980
group's maximum cost per case-mix unit for a fiscal year under	110981
division (C)(1) or (2) of this section based on additional	110982
information that it receives after it sets the maximum for that	110983
fiscal year. The department shall reset a peer group's maximum	110984
cost per case-mix unit for a fiscal year only if it made an error	110985
in setting the maximum for that fiscal year based on information	110986
available to the department at the time it originally sets the	110987
maximum for that fiscal year.	110988

(D)(1) The department shall estimate the rate of inflation	110989
for the eighteen-month period beginning on the first day of July	110990
of the calendar year preceding the fiscal year in which ~~the~~a rate	110991
will be paid and ending on the thirty-first day of December of the	110992
fiscal year in which the rate will be paid, using the ~~index~~	110993
~~specified in division (C) of this section. If the estimated~~	110994
~~inflation rate for the eighteen-month period is different from the~~	110995
~~actual inflation rate for that period, as measured using the same~~	110996
~~index, the difference shall be added to or subtracted from the~~	110997
~~inflation rate estimated under division (B)(3) of this section for~~	110998
~~the following fiscal year.~~	110999

~~(4) The department shall not recalculate a maximum cost per~~	111000
~~case-mix unit under division (B)(2) of this section or a~~	111001
~~percentage under division (E) of this section based on additional~~	111002
~~information that it receives after the maximum costs per case-mix~~	111003
~~unit or percentages are set. The department shall recalculate a~~	111004
~~maximum cost per case-mix units or percentage only if it made an~~	111005
~~error in computing the maximum cost per case-mix unit or~~	111006
~~percentage based on information available at the time of the~~	111007
~~original calculation.~~	111008

~~(C) The department shall use the~~ following ~~index for the~~	111009
~~purpose of division (B)(3) of this section~~:	111010

~~(1) The~~(a) Subject to division (D)(1)(b) of this section,	111011
the employment cost index for total compensation, health ~~services~~	111012
care and social assistance component, published by the United	111013
States bureau of labor statistics;	111014

~~(2)~~(b) If the United States bureau of labor statistics ceases	111015
to publish the index specified in division ~~(C)~~(D)(1)(a) of this	111016
section, the index that is subsequently published by the bureau	111017
and covers ~~nursing facilities'~~the staff costs of ICFs/IID.	111018

~~(D) Each facility's rate for direct care costs shall be~~	111019
~~determined as follows for each calendar quarter within a fiscal~~	111020
~~year:~~	111021

~~(1) Multiply the lesser of the following by the facility's~~	111022
~~average case-mix score determined under section 5111.232 of the~~	111023
~~Revised Code for the calendar quarter that preceded the~~	111024
~~immediately preceding calendar quarter:~~	111025

~~(a) The facility's cost per case-mix unit for the calendar~~	111026
~~year preceding the fiscal year in which the rate will be paid, as~~	111027
~~determined under division (B)(1) of this section;~~	111028

~~(b) The maximum cost per case-mix unit established for the~~	111029
~~fiscal year in which the rate will be paid for the facility's peer~~	111030
~~group under division (B)(2) of this section;~~	111031

~~(2) Adjust the product determined under division (D)(1) of~~	111032
~~this section by the inflation rate estimated under division (B)(3)~~	111033
~~of this section.~~	111034

~~(E)(1) The department shall calculate the percentage above~~	111035
~~the median cost per case-mix unit determined under division (B)(1)~~	111036
~~of this section for the facility that has the median medicaid day~~	111037
~~for calendar year 1992 for all intermediate care facilities for~~	111038
~~the mentally retarded with more than eight beds that would result~~	111039
~~in payment of all desk-reviewed, actual, allowable direct care~~	111040
~~costs for eighty and one-half per cent of the medicaid days for~~	111041
~~such facilities for calendar year 1992.~~	111042

~~(2) The department shall calculate the percentage above the~~	111043
~~median cost per case-mix unit determined under division (B)(1) of~~	111044
~~this section for the facility that has the median medicaid day for~~	111045
~~calendar year 1992 for all intermediate care facilities for the~~	111046
~~mentally retarded with eight or fewer beds that would result in~~	111047
~~payment of all desk-reviewed, actual, allowable direct care costs~~	111048
~~for eighty and one-half per cent of the medicaid days for such~~	111049
~~facilities for calendar year 1992.~~	111050

~~(F)~~(2) If the estimated inflation rate for the eighteen-month	111051
period specified in division (D)(1) of this section is different	111052
from the actual inflation rate for that period, as measured using	111053
the same index, the difference shall be added to or subtracted	111054
from the inflation rate estimated under division (D)(1) of this	111055
section for the following fiscal year.	111056

(E) The director of ~~job and family services~~developmental	111057
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	111058
the Revised Code that specify peer groups of ~~intermediate care~~	111059
~~facilities for the mentally retarded~~ICFs/IID with more than eight	111060
beds and ~~intermediate care facilities for the mentally retarded~~	111061
peer groups of ICFs/IID with eight or fewer beds, based on	111062
findings of significant per diem direct care cost differences due	111063
to geography and ~~facility~~ bed-size. The rules also may specify	111064
peer groups based on findings of significant per diem direct care	111065
cost differences due to other factors which may include case-mix.	111066

~~(G) The department, in accordance with division (D) of~~	111067
~~section 5111.232 of the Revised Code and rules adopted under~~	111068
~~division (F) of that section, may assign case-mix scores or costs~~	111069
~~per case-mix unit if a provider fails to submit assessment data~~	111070
~~necessary to calculate an intermediate care facility for the~~	111071
~~mentally retarded's case-mix score in accordance with that~~	111072
~~section.~~	111073

Sec. 5124.191. Each calendar quarter, each ICF/IID provider	111074
shall compile complete assessment data for each resident of each	111075
of the provider's ICFs/IID, regardless of payment source, who is	111076
in the ICF/IID, or on hospital or therapeutic leave from the	111077
ICF/IID, on the last day of the quarter. A resident assessment	111078
instrument specified in rules adopted under section 5124.03 of the	111079
Revised Code shall be used to compile the resident assessment	111080
data. Each provider shall submit the resident assessment data to	111081
the department of developmental disabilities not later than	111082
fifteen days after the end of the calendar quarter for which the	111083
data is compiled. The resident assessment data shall be submitted	111084
to the department through the medium or media specified in rules	111085
adopted under section 5124.03 of the Revised Code.	111086

Sec. 5124.192. (A) Except as provided in division (B) of	111087
this section, the department of developmental disabilities shall	111088
do both of the following:	111089

(1) For each calendar quarter, determine a case-mix score for	111090
each ICF/IID using the resident assessment data submitted to the	111091
department under section 5124.191 of the Revised Code and the	111092
grouper methodology prescribed in rules authorized by this	111093
section;	111094

(2) After the end of each calendar year and in accordance	111095
with rules authorized by this section, determine an annual average	111096
case-mix score for each ICF/IID using the ICF/IID's quarterly	111097
case-mix scores for that calendar year.	111098

(B)(1) Subject to division (B)(2) of this section, the	111099
department, for one or more months of a calendar quarter, may	111100
assign to an ICF/IID a case-mix score that is five per cent less	111101
than the ICF/IID's case-mix score for the immediately preceding	111102
calendar quarter if any of the following apply:	111103

(a) The provider does not timely submit complete and accurate	111104
resident assessment data necessary to determine the ICF/IID's	111105
case-mix score for the calendar quarter;	111106

(b) The ICF/IID was subject to an exception review under	111107
section 5124.193 of the Revised Code for the immediately preceding	111108
calendar quarter;	111109

(c) The ICF/IID was assigned a case-mix score for the	111110
immediately preceding calendar quarter.	111111

(2) Before assigning a case-mix score to an ICF/IID due to	111112
the submission of incorrect resident assessment data, the	111113
department shall permit the provider to correct the data. The	111114
department may assign the case-mix score if the provider fails to	111115
submit the corrected resident assessment data not later than	111116
forty-five days after the end of the calendar quarter to which the	111117
data pertains or later due date specified in rules authorized by	111118
this section.	111119

(3) If, for more than six months during a calendar year, a	111120
provider is paid a rate determined for an ICF/IID using a case-mix	111121
score assigned to the ICF/IID under division (B)(1) of this	111122
section, the department may assign the ICF/IID a cost per case-mix	111123
unit that is five per cent less than the ICF/IID's actual or	111124
assigned cost per case-mix unit for the immediately preceding	111125
calendar year. The department may use the assigned cost per	111126
case-mix unit, instead of determining the ICF/IID's actual cost	111127
per case-mix unit in accordance with section 5124.19 of the	111128
Revised Code, to establish the ICF/IID's rate for direct care	111129
costs for the fiscal year immediately following the calendar year	111130
for which the cost per case-mix unit is assigned.	111131

(4) The department shall take action under division (B)(1),	111132
(2), or (3) of this section only in accordance with rules	111133
authorized by this section. The department shall not take an	111134
action that affects medicaid payment rates for prior payment	111135
periods except in accordance with sections 5124.41 and 5124.42 of	111136
the Revised Code.	111137

(C) The director of developmental disabilities shall adopt	111138
rules under section 5124.03 of the Revised Code as necessary to	111139
implement this section.	111140

(1) The rules shall do all of the following:

111141

(a) Prescribe a grouper methodology to be used when	111142
determining the case-mix scores for ICFs/IID;	111143

(b) Specify the process for determining the annual average	111144
case-mix scores for ICFs/IID;	111145

(c) Establish procedures under which resident assessment data	111146
is to be reviewed for accuracy and providers are to be notified of	111147
any data that requires correction;	111148

(d) Establish procedures for providers to correct resident	111149
assessment data and, if necessary, specify a due date for	111150
corrections that is later than the due date specified in division	111151
(B)(2) of this section.	111152

(e) Specify when and how the department will assign a	111153
case-mix score or cost per case-mix unit to an ICF/IID under	111154
division (B) of this section if information necessary to calculate	111155
the ICF/IID's case-mix score is not provided or corrected in	111156
accordance with the procedures established by the rules.	111157

(2) Notwithstanding any other provision of this chapter, the	111158
rules may provide for excluding case-mix scores assigned to an	111159
ICF/IID under division (B) of this section from the determination	111160
of the ICF/IID's annual average case-mix score and the maximum	111161
cost per case-mix unit for the ICF/IID's peer group.	111162

Sec. 5124.193. (A) The department of developmental	111163
disabilities may, pursuant to rules authorized by this section,	111164
conduct an exception review of resident assessment data submitted	111165
by an ICF/IID provider under section 5124.191 of the Revised Code.	111166
The department may conduct an exception review based on the	111167
findings of a medicaid certification survey conducted by the	111168
department of health, a risk analysis, or prior performance of the	111169
provider.	111170

Exception reviews shall be conducted at the ICF/IID by	111171
appropriate health professionals under contract with or employed	111172
by the department. The professionals may review resident	111173
assessment forms and supporting documentation, conduct interviews,	111174
and observe residents to identify any patterns or trends of	111175
inaccurate resident assessments and resulting inaccurate case-mix	111176
scores.	111177

(B) If an exception review is conducted before the effective	111178
date of an ICF/IID's rate for direct care costs that is based on	111179
the resident assessment data being reviewed and the review results	111180
in findings that exceed tolerance levels specified in the rules	111181
authorized by this section, the department, in accordance with the	111182
rules authorized by this section, may use the findings to	111183
redetermine individual resident case-mix scores, the ICF/IID's	111184
case-mix score for the quarter, and the ICF/IID's annual average	111185
case-mix score. The department may use the ICF/IID's redetermined	111186
quarterly and annual average case-mix scores to determine the	111187
ICF/IID's rate for direct care costs for the appropriate calendar	111188
quarter or quarters.	111189

(C) The department shall prepare a written summary of any	111190
exception review finding that is made after the effective date of	111191
an ICF/IID's rate for direct care costs that is based on the	111192
resident assessment data that was reviewed. Where the provider is	111193
pursuing judicial or administrative remedies in good faith	111194
regarding the finding, the department shall not withhold from the	111195
provider's current payments any amounts the department claims to	111196
be due from the provider pursuant to section 5124.41 of the	111197
Revised Code.	111198

(D)(1) The director of developmental disabilities shall adopt	111199
rules under section 5124.03 of the Revised Code as necessary to	111200
implement this section. The rules shall establish an exception	111201
review program that does all of the following:	111202

(a) Requires each exception review to comply with Title XIX;

111203

(b) Requires a written summary for each exception review that	111204
states whether resident assessment forms have been completed	111205
accurately;	111206

(c) Prohibits each health professional who conducts an	111207
exception review from doing either of the following:	111208

(i) During the period of the professional's contract or	111209
employment with the department, having or being committed to	111210
acquire any direct or indirect financial interest in the	111211
ownership, financing, or operation of ICFs/IID in this state;	111212

(ii) Reviewing any provider that has been a client of the	111213
professional.	111214

(2) For the purposes of division (D)(1)(c)(i) of this	111215
section, employment of a member of a health professional's family	111216
by an ICF/IID that the professional does not review does not	111217
constitute a direct or indirect financial interest in the	111218
ownership, financing, or operation of the ICF/IID.	111219

~~Sec. 5111.233.~~ Sec. 5124.194. The costs of day programming shall	111220
be part of the direct care costs of an ~~intermediate care facility~~	111221
~~for the mentally retarded~~ICF/IID as off-site day programming if	111222
the area in which the day programming is provided is not certified	111223
by the director of health as an ~~intermediate care facility for the~~	111224
~~mentally retarded~~ICF/IID under Title XIX and regardless of either	111225
of the following:	111226

(A) Whether or not the area in which the day programming is	111227
provided is less than two hundred feet away from the ~~intermediate~~	111228
~~care facility for the mentally retarded~~ICF/IID;	111229

(B) Whether or not the day programming is provided by an	111230
individual who, or organization that, is a related party to the	111231
provider of the ~~intermediate care facility for the mentally~~	111232
~~retarded~~ICF/IID.	111233

~~Sec. 5111.241.~~ Sec. 5124.21. (A) ~~The~~For each fiscal year, the	111234
department of ~~job and family services~~developmental disabilities	111235
shall ~~pay a provider for~~determine each ~~of the provider's eligible~~	111236
~~intermediate care facilities for the mentally retarded a~~ICF/IID's	111237
per ~~resident per~~medicaid day payment rate for indirect care	111238
costs ~~established prospectively each fiscal year for each~~	111239
~~facility~~. ~~The~~Except as otherwise provided in this chapter, an	111240
ICF/IID's rate shall be determined prospectively. Subject to	111241
section 5124.28 of the Revised Code, an ICF/IID's rate ~~for each~~	111242
~~intermediate care facility for the mentally retarded~~ shall be the	111243
~~sum of the following, but shall not exceed~~lesser of the	111244
individual rate determined under division (B) of this section and	111245
the maximum rate ~~established~~determined for the ~~facility's~~	111246
ICF/IID's peer group under division ~~(B)~~(C) of this section.	111247

(B) An ICF/IID's individual rate is the sum of the following:

111248

(1) The ~~facility's~~ICF/IID's desk-reviewed, actual,	111249
allowable, per diem indirect care costs from the calendar year	111250
immediately preceding the fiscal year in which the rate will be	111251
paid, adjusted for the inflation rate estimated under division	111252
~~(C)~~(D)(1) of this section;	111253

(2) AnIf the ICF/IID has more than eight beds, an efficiency	111254
incentive in the following amount:	111255

(a) For fiscal ~~years ending in even-numbered calendar years:~~

111256

~~(i) In the case of intermediate care facilities for the~~	111257
~~mentally retarded withmore than eight beds,~~year 2014, seven and	111258
one-tenth per cent of the maximum rate established for the	111259
~~facility's~~ICF/IID's peer group under division ~~(B)~~(C) of this	111260
section;	111261

~~(ii) In the case of intermediate care facilities for the~~	111262
~~mentally retarded with~~(b) For fiscal year 2015, the following	111263
amount:	111264

(i) The amount calculated for fiscal year 2014 under division	111265
(B)(2)(a) of this section if the provider of the ICF/IID obtains	111266
the department's approval to become a downsized ICF/IID and the	111267
approval is conditioned on the downsizing being completed not	111268
later than July 1, 2018;	111269

(ii) One-half of the amount calculated for fiscal year 2014	111270
under division (B)(2)(a) of this section if division (B)(2)(b)(i)	111271
of this section does not apply to the ICF/IID.	111272

(c) For fiscal year 2016 and each fiscal year thereafter	111273
ending in an even-numbered calendar year, the following	111274
percentages of the maximum rate established for the ICF/IID's peer	111275
group under division (C) of this section:	111276

(i) Seven and one-tenth per cent if the provider of the	111277
ICF/IID obtains the department's approval to become a downsized	111278
ICF/IID and the approval is conditioned on the downsizing being	111279
completed not later than July 1, 2018;	111280

(ii) Three and fifty-five hundredths per cent if division	111281
(B)(2)(c)(i) of this section does not apply to the ICF/IID.	111282

(d) For fiscal year 2017 and each fiscal year thereafter	111283
ending in an odd-numbered calendar year, the amount calculated for	111284
the immediately preceding fiscal year under division (B)(2)(c) of	111285
this section.	111286

(3) If the ICF/IID has eight or fewer beds, an efficiency	111287
incentive in the following amount:	111288

(a) For each fiscal year ending in an even-numbered calendar	111289
year, seven per cent of the maximum rate established for the	111290
~~facility's~~ICF/IID's peer group under division ~~(B)~~(C) of this	111291
section;	111292

(b) For each fiscal ~~years~~year ending in an odd-numbered	111293
calendar ~~years~~year, the amount calculated for the immediately	111294
preceding fiscal year under division ~~(A)(2)~~(B)(3)(a) of this	111295
section.	111296

~~(B)~~(C)(1) The maximum rate for indirect care costs for each	111297
peer group of ~~intermediate care facilities for the mentally~~	111298
~~retarded~~ICFs/IID with more than eight beds ~~specified in rules~~	111299
~~adopted under division (D) of this section~~ shall be determined as	111300
follows:	111301

(a) For each fiscal ~~years~~year ending in an even-numbered	111302
calendar ~~years~~year, the maximum rate for each such peer group	111303
shall be the rate that is no less than twelve and four-tenths per	111304
cent above the median desk-reviewed, actual, allowable, per diem	111305
indirect care cost for all ~~intermediate care facilities for the~~	111306
~~mentally retarded with more than eight beds~~ICFs/IID in the peer	111307
group,(excluding ~~facilities~~ICFs/IID in the peer group whose	111308
indirect care costs for that period are more than three standard	111309
deviations from the mean desk-reviewed, actual, allowable, per	111310
diem indirect care cost for all ~~intermediate care facilities for~~	111311
~~the mentally retarded~~ICFs/IID with more than eight beds,) for the	111312
calendar year immediately preceding the fiscal year in which the	111313
rate will be paid, adjusted by the inflation rate estimated under	111314
division ~~(C)~~(D)(1) of this section.	111315

(b) For each fiscal ~~years~~year ending in an odd-numbered	111316
calendar ~~years~~year, the maximum rate for each such peer group is	111317
the peer group's maximum rate for the previous fiscal year,	111318
adjusted for the inflation rate estimated under division ~~(C)~~(D)(2)	111319
of this section.	111320

(2) The maximum rate for indirect care costs for each peer	111321
group of ~~intermediate care facilities for the mentally retarded~~	111322
ICFs/IID with eight or fewer beds ~~specified in rules adopted under~~	111323
~~division (D) of this section~~ shall be determined as follows:	111324

(a) For each fiscal ~~years~~year ending in an even-numbered	111325
calendar ~~years~~year, the maximum rate for each such peer group	111326
shall be the rate that is no less than ten and three-tenths per	111327
cent above the median desk-reviewed, actual, allowable, per diem	111328
indirect care cost for all ~~intermediate care facilities for the~~	111329
~~mentally retarded with eight or fewer beds~~ICFs/IID in the peer	111330
group,(excluding ~~facilities~~ICFs/IID in the peer group whose	111331
indirect care costs are more than three standard deviations from	111332
the mean desk-reviewed, actual, allowable, per diem indirect care	111333
cost for all ~~intermediate care facilities for the mentally~~	111334
~~retarded~~ICFs/IID with eight or fewer beds,) for the calendar year	111335
immediately preceding the fiscal year in which the rate will be	111336
paid, adjusted by the inflation rate estimated under division	111337
~~(C)~~(D)(1) of this section.	111338

(b) For each fiscal ~~years that end~~year ending in an	111339
odd-numbered calendar ~~years~~year, the maximum rate for each such	111340
peer group is the peer group's maximum rate for the previous	111341
fiscal year, adjusted for the inflation rate estimated under	111342
division ~~(C)~~(D)(2) of this section.	111343

(3) The department shall not ~~recalculate~~redetermine a	111344
maximum rate for indirect care costs under division ~~(B)~~(C)(1) or	111345
(2) of this section based on additional information that it	111346
receives after the maximum rate is set. The department shall	111347
~~recalculate~~redetermine the maximum rate for indirect care costs	111348
only if it made an error in computing the maximum rate based on	111349
the information available to the department at the time of the	111350
original calculation.	111351

~~(C)~~(D)(1) When adjusting rates for inflation under divisions	111352
~~(A)~~(B)(1), ~~(B)~~(C)(1)(a), and ~~(B)~~(C)(2)(a) of this section, the	111353
department shall estimate the rate of inflation for the	111354
eighteen-month period beginning on the first day of July of the	111355
calendar year immediately preceding the fiscal year in which the	111356
rate will be paid and ending on the thirty-first day of December	111357
of the fiscal year in which the rate will be paid. To estimate the	111358
rate of inflation, the department shall use the following:	111359

(a) ~~The~~Subject to division (D)(1)(b) of this section, the	111360
consumer price index for all items for all urban consumers for the	111361
~~north central~~midwest region, published by the United States	111362
bureau of labor statistics;	111363

(b) If the United States bureau of labor statistics ceases to	111364
publish the index specified in division ~~(C)~~(D)(1)(a) of this	111365
section, a comparable index that the bureau publishes and the	111366
department determines is appropriate.	111367

(2) When adjusting rates for inflation under divisions	111368
~~(B)~~(C)(1)(b) and ~~(B)~~(C)(2)(b) of this section, the department	111369
shall estimate the rate of inflation for the twelve-month period	111370
beginning on the first day of January of the fiscal year	111371
immediately preceding the fiscal year in which the rate will be	111372
paid and ending on the thirty-first day of December of the fiscal	111373
year in which the rate will be paid. To estimate the rate of	111374
inflation, the department shall use the following:	111375

(a) ~~The~~Subject to division (D)(2)(b) of this section, the	111376
consumer price index for all items for all urban consumers for the	111377
~~north central~~midwest region, published by the United States	111378
bureau of labor statistics;	111379

(b) If the United States bureau of labor statistics ceases to	111380
publish the index specified in division ~~(C)~~(D)(2)(a) of this	111381
section, a comparable index that the bureau publishes and the	111382
department determines is appropriate.	111383

(3) If an inflation rate estimated under division ~~(C)~~(D)(1)	111384
or (2) of this section is different from the actual inflation rate	111385
for the relevant time period, as measured using the same index,	111386
the difference shall be added to or subtracted from the inflation	111387
rate estimated pursuant to this division for the following fiscal	111388
year.	111389

~~(D)~~(E) The director of ~~job and family services~~developmental	111390
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	111391
the Revised Code that specify peer groups of ~~intermediate care~~	111392
~~facilities for the mentally retarded~~ICFs/IID with more than eight	111393
beds, and peer groups of ~~intermediate care facilities for the~~	111394
~~mentally retarded~~ICFs/IID with eight or fewer beds, based on	111395
findings of significant per diem indirect care cost differences	111396
due to geography and ~~facility~~ bed-size. The rules also may specify	111397
peer groups based on findings of significant per diem indirect	111398
care cost differences due to other factors, including case-mix.	111399

~~Sec. 5111.235.~~ Sec. 5124.23. (A) ~~The~~For each fiscal year, the	111400
department of ~~job and family services~~developmental disabilities	111401
shall ~~pay a provider for~~determine each ~~of the provider's eligible~~	111402
~~intermediate care facilities for the mentally retarded a~~ICF/IID's	111403
per ~~resident per~~medicaid day payment rate for other protected	111404
costs ~~established prospectively each fiscal year for each~~	111405
~~facility~~. ~~The~~Except as otherwise provided in this chapter, an	111406
ICF/IID's rate shall be determined prospectively. An ICF/IID's	111407
rate ~~for each facility~~ shall be the ~~facility's~~ICF/IID's	111408
desk-reviewed, actual, allowable, per diem other protected costs	111409
from the calendar year immediately preceding the fiscal year in	111410
which the rate will be paid, all adjusted for the estimated	111411
inflation rate for the eighteen-month period beginning on the	111412
first day of July of the calendar year immediately preceding the	111413
fiscal year in which the rate will be paid and ending on the	111414
thirty-first day of December of that fiscal year. The department	111415
shall estimate inflation using the index specified in division (B)	111416
of this section. If the estimated inflation rate for the	111417
eighteen-month period is different from the actual inflation rate	111418
for that period, the difference shall be added to or subtracted	111419
from the inflation rate estimated for the following year.	111420

(B) The department shall use the following index for the	111421
purpose of division (A) of this section:	111422

(1) ~~The~~Subject to division (B)(2) of this section, the	111423
consumer price index for all urban consumers for nonprescription	111424
drugs and medical supplies, as published by the United States	111425
bureau of labor statistics;	111426

(2) If the United States bureau of labor statistics ceases to	111427
publish the index specified in division (B)(1) of this section,	111428
the index that is subsequently published by the bureau and covers	111429
nonprescription drugs and medical supplies.	111430

Sec. 5124.25. (A) Subject to division (D) of this section,	111431
the department of developmental disabilities may pay a medicaid	111432
rate add-on to an ICF/IID provider for outlier ICF/IID services	111433
the ICF/IID provides to qualifying ventilator-dependent residents	111434
on or after the effective date of this section, if the provider	111435
applies to the department of developmental disabilities to receive	111436
the rate add-on and the department approves the application. The	111437
department of developmental disabilities may approve a provider's	111438
application if both of the following apply:	111439

(1) The provider submits to the department of developmental	111440
disabilities a best practices protocol for providing outlier	111441
ICF/IID services under this section and the department of	111442
developmental disabilities determines that the protocol is	111443
acceptable;	111444

(2) The provider and ICF/IID meet all other eligibility	111445
requirements for the rate add-on established in rules authorized	111446
by this section.	111447

(B) An ICF/IID that has been approved by the department of	111448
developmental disabilities to provider outlier ICF/IID services	111449
under this section shall provide the services in accordance with	111450
both of the following:	111451

(1) The best practices protocol the department of	111452
developmental disabilities determined is acceptable;	111453

(2) Requirements regarding the services established in rules	111454
authorized by this section.	111455

(C) To qualify to receive outlier ICF/IID services from an	111456
ICF/IID under this section, a resident of the ICF/IID must be a	111457
medicaid recipient, be under twenty-two years of age, be dependent	111458
on a ventilator, and meet all other eligibility requirements	111459
established in rules authorized by this section.	111460

(D) The department of developmental disabilities shall	111461
negotiate the amount of the medicaid payment rate add-on, if any,	111462
to be paid under this section, or the method by which that amount	111463
is to be determined, with the department of medicaid. The	111464
department of developmental disabilities shall not pay the rate	111465
add-on unless the department of medicaid has approved the amount	111466
of the rate add-on or method by which the amount is to be	111467
determined.	111468

Sec. 5124.28. Notwithstanding any provision of section	111469
5124.17 or 5124.21 of the Revised Code, the director of	111470
developmental disabilities may adopt rules under section 5124.03	111471
of the Revised Code that provide for the determination of a	111472
combined maximum payment limit for indirect care costs and costs	111473
of ownership for ICFs/IID with eight or fewer beds.	111474

~~Sec. 5111.263.~~ Sec. 5124.29. Except as otherwise provided in	111475
section ~~5111.264~~5124.30 of the Revised Code, the department of	111476
~~job and family services~~developmental disabilities, in determining	111477
whether an ~~intermediate care facility for the mentally retarded's~~	111478
ICF/IID's direct care costs and indirect care costs are allowable,	111479
shall place no limit on specific categories of reasonable costs	111480
other than compensation of owners, compensation of relatives of	111481
owners, and compensation of administrators.	111482

Compensation cost limits for owners and relatives of owners	111483
shall be based on compensation costs for individuals who hold	111484
comparable positions but who are not owners or relatives of	111485
owners, as reported on ~~facility~~ICFs/IID's cost reports. As used	111486
in this section, "comparable position" means the position that is	111487
held by the owner or the owner's relative, if that position is	111488
listed separately on the cost report form, or if the position is	111489
not listed separately, the group of positions that is listed on	111490
the cost report form and that includes the position held by the	111491
owner or the owner's relative. In the case of an owner or owner's	111492
relative who serves the ~~facility~~ICFs/IID in a capacity such as	111493
corporate officer, proprietor, or partner for which no comparable	111494
position or group of positions is listed on the cost report form,	111495
the compensation cost limit shall be based on civil service	111496
equivalents and shall be specified in rules adopted under section	111497
~~5111.02~~5124.03 of the Revised Code.	111498

Compensation cost limits for administrators shall be based on	111499
compensation costs for administrators who are not owners or	111500
relatives of owners, as reported on ~~facility~~ICFs/IID's cost	111501
reports. Compensation cost limits for administrators of four or	111502
more ~~intermediate care facilities for the mentally retarded~~	111503
ICFs/IID shall be the same as the limits for administrators of	111504
~~intermediate care facilities for the mentally retarded~~ICFs/IID	111505
with one hundred fifty or more beds.	111506

Sec. 5124.30. Except as provided in section 5124.17 of the	111507
Revised Code, the costs of goods, services, and facilities,	111508
furnished to an ICF/IID provider by a related party are includable	111509
in the allowable costs of the provider at the reasonable cost to	111510
the related party.	111511

Sec. 5124.31. The department of developmental disabilities	111512
shall adjust medicaid payment rates determined under this chapter	111513
to account for reasonable additional costs that must be incurred	111514
by ICFs/IID to comply with requirements of federal or state	111515
statutes, rules, or policies enacted or amended after January 1,	111516
1992, or with orders issued by state or local fire authorities.	111517

Sec. 5124.32. The department of developmental disabilities	111518
shall not reduce an ICF/IID's medicaid payment rate determined	111519
under this chapter on the basis that the provider charges a lower	111520
rate to any resident who is not eligible for medicaid.	111521

Sec. 5124.33. No medicaid payment shall be made to an	111522
ICF/IID provider for the day a medicaid recipient is discharged	111523
from the ICF/IID.	111524

~~Sec. 5111.33.~~ Sec. 5124.34. ~~Reimbursement to a~~(A) The department	111525
of developmental disabilities shall pay an ICF/IID provider ~~of an~~	111526
~~intermediate care facility for the mentally retarded under~~	111527
~~sections 5111.20 to 5111.331 of the Revised Code shall include~~	111528
~~payments to the provider, at a rate equal to the percentage~~one	111529
hundred per cent of the ~~per resident~~total per medicaid day ~~rates~~	111530
~~that the department of job and family services has established~~	111531
payment rate determined for the ~~provider's facility~~ICF/IID under	111532
~~sections 5111.20 to 5111.331 of the Revised Code for the fiscal~~	111533
~~year for which the cost of services is reimbursed,~~this chapter to	111534
reserve a bed for a resident who is a medicaid recipient ~~during a~~	111535
~~temporary absence under conditions prescribed by the department,~~	111536
~~to include hospitalization for an acute condition, visits with~~	111537
~~relatives and friends, and participation in therapeutic programs~~	111538
~~outside the facility, when the~~if all of the following apply:	111539

(1) The recipient is temporarily absent from the ICF/IID for	111540
a reason that makes the absence qualified for payments under this	111541
section as specified in rules authorized by this section;	111542

(2) The resident's plan of care provides for ~~such~~the absence	111543
~~and federal~~;	111544

(3) Federal financial participation ~~in the payments~~ is	111545
available for the payments. ~~The~~	111546

(B) The maximum period during which medicaid payments may be	111547
made to reserve a bed shall not exceed the maximum period	111548
specified ~~under~~in federal regulations, and shall not be more	111549
than thirty days during any calendar year for hospital stays,	111550
visits with relatives and friends, and participation in	111551
therapeutic ~~programs.~~	111552

~~Recipients~~programs. However, a resident shall not be subject	111553
to a maximum period during which payments may be made to reserve a	111554
bed ~~in an intermediate care facility for the mentally retarded~~ if	111555
prior authorization of the department is obtained for hospital	111556
stays, visits with relatives and friends, and participation in	111557
therapeutic programs. ~~The~~	111558

(C)(1) The director of ~~job and family services~~developmental	111559
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	111560
the Revised Code ~~establishing~~as necessary to implement this	111561
section, including rules that do the following:	111562

(a) Specify the reasons for which a temporary absence from an	111563
ICF/IID makes the absence qualify for payments under this section;	111564

(b) Establish conditions under which prior authorization may	111565
be obtained for the purpose of division (B) of this section.	111566

(2) The rules authorized by division (C)(1)(a) of this	111567
section shall include the following as reasons for which a	111568
temporary absence from an ICF/IID qualifies for payments under	111569
this section:	111570

(a) Hospitalization for acute conditions;

111571

(b) Visits with relatives and friends;

111572

(c) Participation in therapeutic programs outside the	111573
ICF/IID.	111574

Sec. 5124.35. Medicaid payments may be made for ICF/IID	111575
services provided not later than thirty days after the effective	111576
date of an involuntary termination of the ICF/IID that provides	111577
the services if the services are provided to a medicaid recipient	111578
who is eligible for the services and resided in the ICF/IID before	111579
the effective date of the involuntary termination.	111580

Sec. 5124.37. The department of developmental disabilities	111581
shall make its best efforts each year to determine ICFs/IID's	111582
medicaid payment rates under this chapter in time to pay the rates	111583
by August fifteenth of each fiscal year. If the department is	111584
unable to calculate the rates so that they can be paid by that	111585
date, the department shall pay each provider the rate calculated	111586
for the provider's ICFs/IID under those sections at the end of the	111587
previous fiscal year. If the department also is unable to	111588
calculate the rates to make the payments due by the fifteenth day	111589
of September and the fifteenth day of October, the department	111590
shall pay the previous fiscal year's rate to make those payments.	111591
The department may increase by five per cent the previous fiscal	111592
year's rate paid for any ICF/IID pursuant to this section at the	111593
request of the provider. The department shall use rates calculated	111594
for the current fiscal year to make the payments due by the	111595
fifteenth day of November.	111596

If an ICF/IID's medicaid payment rate paid under this section	111597
is lower than the rate calculated for it for the current fiscal	111598
year, the department shall pay the provider the difference between	111599
the two rates for the number of days for which the provider is	111600
paid the lower rate. If an ICF/IID's medicaid payment rate paid	111601
under this section is higher than the rate calculated for it for	111602
the current fiscal year, the provider shall refund to the	111603
department the difference between the two rates for the number of	111604
days for which the provider is paid the higher rate.	111605

Sec. 5124.38. (A) The director of developmental disabilities	111606
shall establish a process under which an ICF/IID provider, or a	111607
group or association of ICF/IID providers, may seek	111608
reconsideration of medicaid payment rates established under this	111609
chapter, including a rate for direct care costs redetermined	111610
before the effective date of the rate as a result of an exception	111611
review conducted under section 5124.193 of the Revised Code.	111612
Except as provided in divisions (B) to (D) of this section, the	111613
only issue that a provider, group, or association may raise in the	111614
rate reconsideration is whether the rate was calculated in	111615
accordance with this chapter and the rules adopted under section	111616
5124.03 of the Revised Code. The provider, group, or association	111617
may submit written arguments or other materials that support its	111618
position. The provider, group, or association and department shall	111619
take actions regarding the rate reconsideration within time frames	111620
specified in rules authorized by this section.	111621

If the department determines, as a result of the rate	111622
reconsideration, that the rate established for one or more	111623
ICFs/IID is less than the rate to which the ICF/IID is entitled,	111624
the department shall increase the rate. If the department has paid	111625
the incorrect rate for a period of time, the department shall pay	111626
the provider of the ICF/IID the difference between the amount the	111627
provider was paid for that period for the ICF/IID and the amount	111628
the provider should have been paid for the ICF/IID.	111629

(B)(1) The department, through the rate reconsideration	111630
process, may increase during a fiscal year the medicaid payment	111631
rate determined for an ICF/IID under this chapter if the provider	111632
demonstrates that the ICF/IID's actual, allowable costs have	111633
increased because of any of the following extreme circumstances:	111634

(a) A natural disaster;

111635

(b) A nonextensive renovation approved under division (D) of	111636
section 5124.17 of the Revised Code;	111637

(c) If the ICF/IID has an appropriate claims management	111638
program, an increase in the ICF/IID's workers' compensation	111639
experience rating of greater than five per cent;	111640

(d) If the ICF/IID is an inner-city ICF/IID, increased	111641
security costs;	111642

(e) A change of ownership that results from bankruptcy,	111643
foreclosure, or findings by the department of health of violations	111644
of medicaid certification requirements;	111645

(f) Other extreme circumstances specified in rules authorized	111646
by this section.	111647

(2) An ICF/IID may qualify for a rate increase under this	111648
division only if its per diem, actual, allowable costs have	111649
increased to a level that exceeds its total rate. An increase	111650
under this division is subject to any rate limitations or maximum	111651
rates established by this chapter for specific cost centers. Any	111652
rate increase granted under this division shall take effect on the	111653
first day of the first month after the department receives the	111654
request.	111655

(C) The department, through the rate reconsideration process,	111656
may increase an ICF/IID's rate as determined under this chapter if	111657
the department, in the department's sole discretion, determines	111658
that the rate as determined under those sections works an extreme	111659
hardship on the ICF/IID.	111660

(D) When beds certified for the medicaid program are added to	111661
an existing ICF/IID or replaced at the same site, the department,	111662
through the rate reconsideration process, may increase the	111663
ICF/IID's rate for capital costs proportionately, as limited by	111664
any applicable limitation under section 5124.17 of the Revised	111665
Code, to account for the costs of the beds that are added or	111666
replaced. If the department makes this increase, it shall make the	111667
increase one month after the first day of the month after the	111668
department receives sufficient documentation of the costs. Any	111669
rate increase granted under this division after June 30, 1993,	111670
shall remain in effect until the effective date of a rate for	111671
capital costs determined under section 5124.17 of the Revised Code	111672
that includes costs incurred for a full calendar year for the bed	111673
addition or bed replacement. The ICF/IID shall report double	111674
accumulated depreciation in an amount equal to the depreciation	111675
included in the rate adjustment on its cost report for the first	111676
year of operation. During the term of any loan used to finance a	111677
project for which a rate adjustment is granted under this	111678
division, if the ICF/IID is operated by the same provider, the	111679
provider shall subtract from the interest costs it reports on its	111680
cost report an amount equal to the difference between the	111681
following:	111682

(1) The actual, allowable interest costs for the loan during	111683
the calendar year for which the costs are being reported;	111684

(2) The actual, allowable interest costs attributable to the	111685
loan that were used to calculate the rates paid to the provider	111686
for the ICF/IID during the same calendar year.	111687

(E) The department's decision at the conclusion of the	111688
reconsideration process is not subject to any administrative	111689
proceedings under Chapter 119. or any other provision of the	111690
Revised Code.	111691

(F) The director of developmental disabilities shall adopt	111692
rules under section 5124.03 of the Revised Code as necessary to	111693
implement this section.	111694

Sec. 5124.40. If an ICF/IID provider properly amends a cost	111695
report for an ICF/IID under section 5124.107 of the Revised Code	111696
and the amended report shows that the provider received a lower	111697
medicaid payment rate under the original cost report than the	111698
provider was entitled to receive, the department of developmental	111699
disabilities shall adjust the provider's rate for the ICF/IID	111700
prospectively to reflect the corrected information. The department	111701
shall pay the adjusted rate beginning two months after the first	111702
day of the month after the provider files the amended cost report.	111703

If the department finds, from an exception review of resident	111704
assessment data conducted pursuant to section 5124.193 of the	111705
Revised Code after the effective date of an ICF/IID's rate for	111706
direct care costs that is based on the resident assessment data,	111707
that inaccurate resident assessment data resulted in the provider	111708
receiving a lower rate for the ICF/IID than the provider was	111709
entitled to receive, the department prospectively shall adjust the	111710
provider's rate for the ICF/IID accordingly. The department shall	111711
make payments to the provider using the adjusted rate for the	111712
remainder of the calendar quarter for which the resident	111713
assessment data is used to determine the rate, beginning one month	111714
after the first day of the month after the exception review is	111715
completed.	111716

Sec. 5124.41. (A) The department of developmental	111717
disabilities shall redetermine a provider's medicaid payment rate	111718
for an ICF/IID using revised information if any of the following	111719
results in a determination that the provider received a higher	111720
medicaid payment rate for the ICF/IID than the provider was	111721
entitled to receive:	111722

(1) The provider properly amends a cost report for the	111723
ICF/IID under section 5124.107 of the Revised Code;	111724

(2) The department makes a finding based on an audit under	111725
section 5124.109 of the Revised Code;	111726

(3) The department makes a finding based on an exception	111727
review of resident assessment data conducted under section	111728
5124.193 of the Revised Code after the effective date of the	111729
ICF/IID's rate for direct care costs that is based on the resident	111730
assessment data.	111731

(B) The department shall apply the redetermined rate to the	111732
periods when the provider received the incorrect rate to determine	111733
the amount of the overpayment. The provider shall refund the	111734
amount of the overpayment. The department may charge the provider	111735
the following amount of interest from the time the overpayment was	111736
made:	111737

(1) If the overpayment resulted from costs reported for	111738
calendar year 1993, the interest shall be not greater than one and	111739
one-half times the current average bank prime rate.	111740

(2) If the overpayment resulted from costs reported for a	111741
subsequent calendar year:	111742

(a) The interest shall be not greater than two times the	111743
current average bank prime rate if the overpayment was not more	111744
than one per cent of the total medicaid payments to the provider	111745
for the fiscal year for which the incorrect information was used	111746
to determine a rate.	111747

(b) The interest shall be not greater than two and one-half	111748
times the current average bank prime rate if the overpayment was	111749
more than one per cent of the total medicaid payments to the	111750
provider for the fiscal year for which the incorrect information	111751
was used to determine a rate.	111752

Sec. 5124.42. In addition to the other penalties authorized	111753
by this chapter, the department of developmental disabilities may	111754
impose the following penalties on an ICF/IID provider:	111755

(A) If the provider does not furnish invoices or other	111756
documentation that the department requests during an audit within	111757
sixty days after the request, a fine of not more than the greater	111758
of the following:	111759

(1) One thousand dollars per audit;

111760

(2) Twenty-five per cent of the cumulative amount by which	111761
the costs for which documentation was not furnished increased the	111762
total medicaid payments to the provider during the fiscal year for	111763
which the costs were used to determine a rate.	111764

(B) If an exiting operator or owner fails to provide notice	111765
of a facility closure or voluntary termination as required by	111766
section 5124.50 of the Revised Code, or an exiting operator or	111767
owner and entering operator fail to provide notice of a change of	111768
operator as required by section 5124.51 of the Revised Code, a	111769
fine of not more than the current average bank prime rate plus	111770
four per cent of the last two monthly payments.	111771

Sec. 5124.43. For the purposes of sections 5124.41 and	111772
5124.42 of the Revised Code, the department of developmental	111773
disabilities shall determine the current average bank prime rate	111774
using statistical release H.15, "selected interest rates," a	111775
weekly publication of the federal reserve board, or any successor	111776
publication. If statistical release H.15, or its successor, ceases	111777
to contain the bank prime rate information or ceases to be	111778
published, the department shall request a written statement of the	111779
average bank prime rate from the federal reserve bank of Cleveland	111780
or the federal reserve board.	111781

Sec. 5124.44. (A) Except as provided in division (B) of this	111782
section, the department of developmental disabilities shall deduct	111783
the following from the next available medicaid payment the	111784
department makes to an ICF/IID provider who continues to	111785
participate in medicaid:	111786

(1) Any amount the provider is required to refund, and any	111787
interest charged, under section 5124.41 of the Revised Code;	111788

(2) The amount of any penalty imposed on the provider under	111789
section 5124.42 of the Revised Code.	111790

(B) The department and an ICF/IID provider may enter into an	111791
agreement under which a deduction required by division (A) of this	111792
section is taken in installments from payments the department	111793
makes to the provider.	111794

Sec. 5124.45. The department of developmental disabilities	111795
shall transmit to the treasurer of state for deposit in the	111796
general revenue fund amounts collected from the following:	111797

(A) Refunds required by, and interest charged under, section	111798
5124.41 of the Revised Code;	111799

(B) Amounts collected from penalties imposed under section	111800
5124.42 of the Revised Code.	111801

Sec. 5124.46. All of the following are subject to an	111802
adjudication conducted in accordance with Chapter 119. of the	111803
Revised Code:	111804

(A) Any audit disallowance that the department of	111805
developmental disabilities makes as the result of an audit under	111806
section 5124.109 of the Revised Code;	111807

(B) Any adverse finding that results from an exception review	111808
of resident assessment data conducted for an ICF/IID under section	111809
5124.193 of the Revised Code after the effective date of the	111810
ICF/IID's medicaid payment rate for direct care costs that is	111811
based on the resident assessment data;	111812

(C) Any medicaid payment deemed an overpayment under section	111813
5124.523 of the Revised Code;	111814

(D) Any penalty the department imposes under section 5124.42	111815
of the Revised Code or section 5124.523 of the Revised Code.	111816

Sec. 5124.50. An exiting operator or owner of an ICF/IID	111817
participating in the medicaid program shall provide the department	111818
of developmental disabilities and department of medicaid written	111819
notice of a facility closure or voluntary termination not less	111820
than ninety days before the effective date of the facility closure	111821
or voluntary termination. The written notice shall be provided to	111822
the department of developmental disabilities and department of	111823
medicaid in accordance with the method specified in rules	111824
authorized by section 5124.53 of the Revised Code.	111825

The written notice shall include all of the following:

111826

(A) The name of the exiting operator and, if any, the exiting	111827
operator's authorized agent;	111828

(B) The name of the ICF/IID that is the subject of the	111829
written notice;	111830

(C) The exiting operator's medicaid provider agreement number	111831
for the ICF/IID that is the subject of the written notice;	111832

(D) The effective date of the facility closure or voluntary	111833
termination;	111834

(E) The signature of the exiting operator's or owner's	111835
representative.	111836

Sec. 5124.51. (A) An exiting operator or owner and entering	111837
operator shall provide the department of developmental	111838
disabilities and department of medicaid written notice of a change	111839
of operator if the ICF/IID participates in the medicaid program	111840
and the entering operator seeks to continue the ICF/IID's	111841
participation. The written notice shall be provided to the	111842
department of developmental disabilities and department of	111843
medicaid in accordance with the method specified in rules	111844
authorized by section 5124.53 of the Revised Code. The written	111845
notice shall be provided to the department of developmental	111846
disabilities and department of medicaid not later than forty-five	111847
days before the effective date of the change of operator if the	111848
change of operator does not entail the relocation of residents.	111849
The written notice shall be provided to the department of	111850
developmental disabilities and department of medicaid not later	111851
than ninety days before the effective date of the change of	111852
operator if the change of operator entails the relocation of	111853
residents.	111854

The written notice shall include all of the following:

111855

(1) The name of the exiting operator and, if any, the exiting	111856
operator's authorized agent;	111857

(2) The name of the ICF/IID that is the subject of the change	111858
of operator;	111859

(3) The exiting operator's seven-digit medicaid legacy number	111860
and ten-digit national provider identifier number for the ICF/IID	111861
that is the subject of the change of operator;	111862

(4) The name of the entering operator;

111863

(5) The effective date of the change of operator;

111864

(6) The manner in which the entering operator becomes the	111865
ICF/IID's operator, including through sale, lease, merger, or	111866
other action;	111867

(7) If the manner in which the entering operator becomes the	111868
ICF/IID's operator involves more than one step, a description of	111869
each step;	111870

(8) Written authorization from the exiting operator or owner	111871
and entering operator for the department of medicaid to process a	111872
provider agreement for the entering operator;	111873

(9) The names and addresses of the persons to whom the	111874
department of developmental disabilities and department of	111875
medicaid should send initial correspondence regarding the change	111876
of operator;	111877

(10) The signature of the exiting operator's or owner's	111878
representative.	111879

(B) An exiting operator or owner and entering operator	111880
immediately shall provide the department of developmental	111881
disabilities and department of medicaid notice of any changes to	111882
information included in a written notice of a change of operator	111883
that occur after that notice is provided to the department of	111884
developmental disabilities and department of medicaid. The notice	111885
of the changes shall be provided to the department of	111886
developmental disabilities and department of medicaid in	111887
accordance with the method specified in rules authorized by	111888
section 5124.53 of the Revised Code.	111889

Sec. 5124.511. The department of medicaid may enter into a	111890
provider agreement with an entering operator that goes into effect	111891
at 12:01 a.m. on the effective date of the change of operator if	111892
all of the following requirements are met:	111893

(A) The department receives a properly completed written	111894
notice required by section 5124.51 of the Revised Code on or	111895
before the date required by that section.	111896

(B) The department receives both of the following in	111897
accordance with the method specified in rules authorized by	111898
section 5124.53 of the Revised Code and not later than ten days	111899
after the effective date of the change of operator:	111900

(1) From the entering operator, a completed application for a	111901
provider agreement and all other forms and documents specified in	111902
rules authorized by section 5124.53 of the Revised Code;	111903

(2) From the exiting operator or owner, all forms and	111904
documents specified in rules authorized by section 5124.53 of the	111905
Revised Code.	111906

(C) The entering operator is eligible to enter into a	111907
provider agreement for the ICF/IID as provided in section 5124.06	111908
of the Revised Code.	111909

Sec. 5124.512. (A) The department of medicaid may enter into	111910
a provider agreement with an entering operator that goes into	111911
effect at 12:01 a.m. on the date determined under division (B) of	111912
this section if all of the following are the case:	111913

(1) The department receives a properly completed written	111914
notice required by section 5124.51 of the Revised Code.	111915

(2) The department receives, from the entering operator and	111916
in accordance with the method specified in rules authorized by	111917
section 5124.53 of the Revised Code, a completed application for a	111918
provider agreement and all other forms and documents specified in	111919
rules adopted under that section.	111920

(3) The department receives, from the exiting operator or	111921
owner and in accordance with the method specified in rules	111922
authorized by section 5124.53 of the Revised Code, all forms and	111923
documents specified in rules adopted under that section.	111924

(4) One or more of the following apply:

111925

(a) The requirement of division (A)(1) of this section is met	111926
after the time required by section 5124.51 of the Revised Code;	111927

(b) The requirement of division (A)(2) of this section is met	111928
more than ten days after the effective date of the change of	111929
operator;	111930

(c) The requirement of division (A)(3) of this section is met	111931
more than ten days after the effective date of the change of	111932
operator.	111933

(5) The entering operator is eligible to enter into a	111934
provider agreement for the ICF/IID as provided in section 5124.06	111935
of the Revised Code.	111936

(B) The department shall determine the date a provider	111937
agreement entered into under this section is to go into effect as	111938
follows:	111939

(1) The effective date shall give the department sufficient	111940
time to process the change of operator and give the department	111941
sufficient time to assure no duplicate payments are made and make	111942
the withholding required by section 5124.521 of the Revised Code.	111943

(2) The effective date shall be not earlier than the latest	111944
of the following:	111945

(a) The effective date of the change of operator;

111946

(b) The date that the entering operator complies with section	111947
5124.51 of the Revised Code and division (A)(2) of this section;	111948

(c) The date that the exiting operator or owner complies with	111949
section 5124.51 of the Revised Code and division (A)(3) of this	111950
section.	111951

(3) The effective date shall be not later than the following	111952
after the later of the dates specified in division (B)(2) of this	111953
section:	111954

(a) Forty-five days if the change of operator does not entail	111955
the relocation of residents;	111956

(b) Ninety days if the change of operator entails the	111957
relocation of residents.	111958

Sec. 5124.513. A provider that enters into a provider	111959
agreement with the department of medicaid under section 5124.511	111960
or 5124.512 of the Revised Code shall do all of the following:	111961

(A) Comply with all applicable federal statutes and	111962
regulations;	111963

(B) Comply with section 5124.07 of the Revised Code and all	111964
other applicable state statutes and rules;	111965

(C) Comply with all the terms and conditions of the exiting	111966
operator's provider agreement, including all of the following:	111967

(1) Any plan of correction;

111968

(2) Compliance with health and safety standards;

111969

(3) Compliance with the ownership and financial interest	111970
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	111971

(4) Compliance with the civil rights requirements of 45	111972
C.F.R. parts 80, 84, and 90;	111973

(5) Compliance with additional requirements imposed by the	111974
department;	111975

(6) Any sanctions relating to remedies for violation of the	111976
provider agreement, including deficiencies, compliance periods,	111977
accountability periods, monetary penalties, notification for	111978
correction of contract violations, and history of deficiencies.	111979

Sec. 5124.514. In the case of a change of operator, the	111980
exiting operator shall be considered to be the operator of the	111981
ICF/IID for purposes of the medicaid program, including medicaid	111982
payments, until the effective date of the entering operator's	111983
provider agreement if the provider agreement is entered into under	111984
section 5124.511 or 5124.512 of the Revised Code.	111985

Sec. 5124.515. The department of medicaid may enter into a	111986
provider agreement as provided in section 5124.07 of the Revised	111987
Code, rather than section 5124.511 or 5124.512 of the Revised	111988
Code, with an entering operator if the entering operator does not	111989
agree to a provider agreement that satisfies the requirements of	111990
division (C) of section 5124.513 of the Revised Code. The	111991
department may not enter into the provider agreement unless the	111992
department of health certifies the ICF/IID under Title XIX. The	111993
effective date of the provider agreement shall not precede any of	111994
the following:	111995

(A) The date that the department of health certifies the	111996
ICF/IID;	111997

(B) The effective date of the change of operator;

111998

(C) The date the requirement of section 5124.51 of the	111999
Revised Code is satisfied.	112000

Sec. 5124.516. The director of developmental disabilities	112001
may adopt rules under section 5124.03 of the Revised Code	112002
governing adjustments to the medicaid reimbursement rate for an	112003
ICF/IID that undergoes a change of operator. No rate adjustment	112004
resulting from a change of operator shall be effective before the	112005
effective date of the entering operator's provider agreement. This	112006
is the case regardless of whether the provider agreement is	112007
entered into under section 5124.511, section 5124.512, or,	112008
pursuant to section 5124.515, section 5124.07 of the Revised Code.	112009

Sec. 5124.517. The department of developmental disabilities'	112010
determination that a change of operator has or has not occurred	112011
for purposes of licensure under section 5123.19 of the Revised	112012
Code shall not affect either of the following:	112013

(A) A determination by the department of developmental	112014
disabilities or department of medicaid of whether or when a change	112015
of operator occurs;	112016

(B) The department of medicaid's determination of the	112017
effective date of an entering operator's provider agreement under	112018
section 5124.511, section 5124.512, or, pursuant to section	112019
5124.515, section 5124.07 of the Revised Code.	112020

Sec. 5124.52. (A) On receipt of a written notice under	112021
section 5124.50 of the Revised Code of a facility closure or	112022
voluntary termination, on receipt of a written notice under	112023
section 5124.51 of the Revised Code of a change of operator, or on	112024
the effective date of an involuntary termination, the department	112025
of developmental disabilities shall estimate the amount of any	112026
overpayments made under the medicaid program to the exiting	112027
operator, including overpayments the exiting operator disputes,	112028
and other actual and potential debts the exiting operator owes or	112029
may owe to the department and United States centers for medicare	112030
and medicaid services under the medicaid program, including a	112031
franchise permit fee.	112032

(B) In estimating the exiting operator's other actual and	112033
potential debts to the department and the United States centers	112034
for medicare and medicaid services under the medicaid program, the	112035
department shall use a debt estimation methodology the director of	112036
developmental disabilities shall establish in rules authorized by	112037
section 5124.53 of the Revised Code. The methodology shall provide	112038
for estimating all of the following that the department determines	112039
are applicable:	112040

(1) Refunds due the department under section 5124.41 of the	112041
Revised Code;	112042

(2) Interest owed to the department and United States centers	112043
for medicare and medicaid services;	112044

(3) Final civil monetary and other penalties for which all	112045
right of appeal has been exhausted;	112046

(4) Money owed the department and United States centers for	112047
medicare and medicaid services from any outstanding final fiscal	112048
audit, including a final fiscal audit for the last fiscal year or	112049
portion thereof in which the exiting operator participated in the	112050
medicaid program;	112051

(5) Other amounts the department determines are applicable.

112052

(C) The department shall provide the exiting operator written	112053
notice of the department's estimate under division (A) of this	112054
section not later than thirty days after the department receives	112055
the notice under section 5124.50 of the Revised Code of the	112056
facility closure or voluntary termination; the department receives	112057
the notice under section 5124.51 of the Revised Code of the change	112058
of operator; or the effective date of the involuntary termination.	112059
The department's written notice shall include the basis for the	112060
estimate.	112061

Sec. 5124.521. (A) Except as provided in divisions (B), (C),	112062
and (D) of this section, the department of developmental	112063
disabilities may withhold from payment due an exiting operator	112064
under the medicaid program the total amount specified in the	112065
notice provided under division (C) of section 5124.52 of the	112066
Revised Code that the exiting operator owes or may owe to the	112067
department and United States centers for medicare and medicaid	112068
services under the medicaid program.	112069

(B) In the case of a change of operator and subject to	112070
division (E) of this section, the following shall apply regarding	112071
a withholding under division (A) of this section if the exiting	112072
operator or entering operator or an affiliated operator executes a	112073
successor liability agreement meeting the requirements of division	112074
(F) of this section:	112075

(1) If the exiting operator, entering operator, or affiliated	112076
operator assumes liability for the total, actual amount of debt	112077
the exiting operator owes the department and the United States	112078
centers for medicare and medicaid services under the medicaid	112079
program as determined under section 5124.525 of the Revised Code,	112080
the department shall not make the withholding.	112081

(2) If the exiting operator, entering operator, or affiliated	112082
operator assumes liability for only the portion of the amount	112083
specified in division (B)(1) of this section that represents the	112084
franchise permit fee the exiting operator owes, the department	112085
shall withhold not more than the difference between the total	112086
amount specified in the notice provided under division (C) of	112087
section 5124.52 of the Revised Code and the amount for which the	112088
exiting operator, entering operator, or affiliated operator	112089
assumes liability.	112090

(C) In the case of a voluntary termination or facility	112091
closure and subject to division (E) of this section, the following	112092
shall apply regarding a withholding under division (A) of this	112093
section if the exiting operator or an affiliated operator executes	112094
a successor liability agreement meeting the requirements of	112095
division (F) of this section:	112096

(1) If the exiting operator or affiliated operator assumes	112097
liability for the total, actual amount of debt the exiting	112098
operator owes the department and the United States centers for	112099
medicare and medicaid services under the medicaid program as	112100
determined under section 5124.525 of the Revised Code, the	112101
department shall not make the withholding.	112102

(2) If the exiting operator or affiliated operator assumes	112103
liability for only the portion of the amount specified in division	112104
(C)(1) of this section that represents the franchise permit fee	112105
the exiting operator owes, the department shall withhold not more	112106
than the difference between the total amount specified in the	112107
notice provided under division (C) of section 5124.52 of the	112108
Revised Code and the amount for which the exiting operator or	112109
affiliated operator assumes liability.	112110

(D) In the case of an involuntary termination and subject to	112111
division (E) of this section, the following shall apply regarding	112112
a withholding under division (A) of this section if the exiting	112113
operator, the entering operator, or an affiliated operator	112114
executes a successor liability agreement meeting the requirements	112115
of division (F) of this section and the department approves the	112116
successor liability agreement:	112117

(1) If the exiting operator, entering operator, or affiliated	112118
operator assumes liability for the total, actual amount of debt	112119
the exiting operator owes the department and the United States	112120
centers for medicare and medicaid services under the medicaid	112121
program as determined under section 5124.525 of the Revised Code,	112122
the department shall not make the withholding.	112123

(2) If the exiting operator, entering operator, or affiliated	112124
operator assumes liability for only the portion of the amount	112125
specified in division (D)(1) of this section that represents the	112126
franchise permit fee the exiting operator owes, the department	112127
shall withhold not more than the difference between the total	112128
amount specified in the notice provided under division (C) of	112129
section 5124.52 of the Revised Code and the amount for which the	112130
exiting operator, entering operator, or affiliated operator	112131
assumes liability.	112132

(E) For an exiting operator or affiliated operator to be	112133
eligible to enter into a successor liability agreement under	112134
division (B), (C), or (D) of this section, both of the following	112135
must apply:	112136

(1) The exiting operator or affiliated operator must have one	112137
or more valid provider agreements, other than the provider	112138
agreement for the ICF/IID that is the subject of the involuntary	112139
termination, voluntary termination, facility closure, or change of	112140
operator;	112141

(2) During the twelve-month period preceding either the	112142
effective date of the involuntary termination or the month in	112143
which the department receives the notice of the voluntary	112144
termination or facility closure under section 5124.50 of the	112145
Revised Code or the notice of the change of operator under section	112146
5124.51 of the Revised Code, the average monthly medicaid payment	112147
made to the exiting operator or affiliated operator pursuant to	112148
the exiting operator's or affiliated operator's one or more	112149
provider agreements, other than the provider agreement for the	112150
ICF/IID that is the subject of the involuntary termination,	112151
voluntary termination, facility closure, or change of operator,	112152
must equal at least ninety per cent of the sum of the following:	112153

(a) The average monthly medicaid payment made to the exiting	112154
operator pursuant to the exiting operator's provider agreement for	112155
the ICF/IID that is the subject of the involuntary termination,	112156
voluntary termination, facility closure, or change of operator;	112157

(b) Whichever of the following apply:

112158

(i) If the exiting operator or affiliated operator has	112159
assumed liability under one or more other successor liability	112160
agreements, the total amount for which the exiting operator or	112161
affiliated operator has assumed liability under the other	112162
successor liability agreements;	112163

(ii) If the exiting operator or affiliated operator has not	112164
assumed liability under any other successor liability agreements,	112165
zero.	112166

(F) A successor liability agreement executed under this	112167
section must comply with all of the following:	112168

(1) It must provide for the operator who executes the	112169
successor liability agreement to assume liability for either of	112170
the following as specified in the agreement:	112171

(a) The total, actual amount of debt the exiting operator	112172
owes the department and the United States centers for medicare and	112173
medicaid services under the medicaid program as determined under	112174
section 5124.525 of the Revised Code;	112175

(b) The portion of the amount specified in division (F)(1)(a)	112176
of this section that represents the franchise permit fee the	112177
exiting operator owes.	112178

(2) It may not require the operator who executes the	112179
successor liability agreement to furnish a surety bond.	112180

(3) It must provide that the department, after determining	112181
under section 5124.525 of the Revised Code the actual amount of	112182
debt the exiting operator owes the department and United States	112183
centers for medicare and medicaid services under the medicaid	112184
program, may deduct the lesser of the following from medicaid	112185
payments made to the operator who executes the successor liability	112186
agreement:	112187

(a) The total, actual amount of debt the exiting operator	112188
owes the department and the United States centers for medicare and	112189
medicaid services under the medicaid program as determined under	112190
section 5124.525 of the Revised Code;	112191

(b) The amount for which the operator who executes the	112192
successor liability agreement assumes liability under the	112193
agreement.	112194

(4) It must provide that the deductions authorized by	112195
division (F)(3) of this section are to be made for a number of	112196
months, not to exceed six, agreed to by the operator who executes	112197
the successor liability agreement and the department or, if the	112198
operator who executes the successor liability agreement and	112199
department cannot agree on a number of months that is less than	112200
six, a greater number of months determined by the attorney general	112201
pursuant to a claims collection process authorized by statute of	112202
this state.	112203

(5) It must provide that, if the attorney general determines	112204
the number of months for which the deductions authorized by	112205
division (F)(3) of this section are to be made, the operator who	112206
executes the successor liability agreement shall pay, in addition	112207
to the amount collected pursuant to the attorney general's claims	112208
collection process, the part of the amount so collected that, if	112209
not for division (H) of this section, would be required by section	112210
109.081 of the Revised Code to be paid into the attorney general	112211
claims fund.	112212

(G) Execution of a successor liability agreement does not	112213
waive an exiting operator's right to contest the amount specified	112214
in the notice the department provides the exiting operator under	112215
division (C) of section 5124.52 of the Revised Code.	112216

(H) Notwithstanding section 109.081 of the Revised Code, the	112217
entire amount that the attorney general, whether by employees or	112218
agents of the attorney general or by special counsel appointed	112219
pursuant to section 109.08 of the Revised Code, collects under a	112220
successor liability agreement, other than the additional amount	112221
the operator who executes the agreement is required by division	112222
(F)(5) of this section to pay, shall be paid to the department of	112223
developmental disabilities for deposit into the appropriate fund.	112224
The additional amount that the operator is required to pay shall	112225
be paid into the state treasury to the credit of the attorney	112226
general claims fund created under section 109.081 of the Revised	112227
Code.	112228

Sec. 5124.522. (A) Except as provided in division (B) of	112229
this section, an exiting operator shall file with the department	112230
of developmental disabilities a cost report not later than ninety	112231
days after the last day the exiting operator's provider agreement	112232
is in effect. The cost report shall cover the period that begins	112233
with the day after the last day covered by the operator's most	112234
recent previous cost report filed under section 5124.10 or	112235
5124.101 of the Revised Code and ends on the last day the exiting	112236
operator's provider agreement is in effect. The cost report shall	112237
include, as applicable, all of the following:	112238

(1) The sale price of the ICF/IID;

112239

(2) A final depreciation schedule that shows which assets are	112240
transferred to the buyer and which assets are not transferred to	112241
the buyer;	112242

(3) Any other information the department requires.

112243

(B) The department, at its sole discretion, may waive the	112244
requirement that an exiting operator file a cost report in	112245
accordance with division (A) of this section.	112246

Sec. 5124.523. If an exiting operator required by section	112247
5124.522 of the Revised Code to file a cost report with the	112248
department of developmental disabilities fails to file the cost	112249
report in accordance with that section, all payments under the	112250
medicaid program for the period the cost report is required to	112251
cover are deemed overpayments until the date the department	112252
receives the properly completed cost report. The department may	112253
impose on the exiting operator a penalty of one hundred dollars	112254
for each calendar day the properly completed cost report is late.	112255

Sec. 5124.524. The department of developmental disabilities	112256
may not provide an exiting operator final payment under the	112257
medicaid program until the department receives all properly	112258
completed cost reports the exiting operator is required to file	112259
under sections 5124.10 and 5124.522 of the Revised Code.	112260

Sec. 5124.525. The department of developmental disabilities	112261
shall determine the actual amount of debt an exiting operator owes	112262
the department and the United States centers for medicare and	112263
medicaid services under the medicaid program by completing all	112264
final fiscal audits not already completed and performing all other	112265
appropriate actions the department determines to be necessary. The	112266
department shall issue an initial debt summary report on this	112267
matter not later than sixty days after the date the exiting	112268
operator files the properly completed cost report required by	112269
section 5124.522 of the Revised Code with the department or, if	112270
the department waives the cost report requirement for the exiting	112271
operator, sixty days after the date the department waives the cost	112272
report requirement. The initial debt summary report becomes the	112273
final debt summary report thirty-one days after the department	112274
issues the initial debt summary report unless the exiting	112275
operator, or an affiliated operator who executes a successor	112276
liability agreement under section 5124.521 of the Revised Code,	112277
requests a review before that date.	112278

The exiting operator, and an affiliated operator who executes	112279
a successor liability agreement under section 5124.521 of the	112280
Revised Code, may request a review to contest any of the	112281
department's findings included in the initial debt summary report.	112282
The request for the review must be submitted to the department not	112283
later than thirty days after the date the department issues the	112284
initial debt summary report. The department shall conduct the	112285
review on receipt of a timely request and issue a revised debt	112286
summary report. If the department has withheld money from payment	112287
due the exiting operator under division (A) of section 5124.521 of	112288
the Revised Code, the department shall issue the revised debt	112289
summary report not later than ninety days after the date the	112290
department receives the timely request for the review unless the	112291
department and exiting operator or affiliated operator agree to a	112292
later date. The exiting operator or affiliated operator may submit	112293
information to the department explaining what the operator	112294
contests before and during the review, including documentation of	112295
the amount of any debt the department owes the operator. The	112296
exiting operator or affiliated operator may submit additional	112297
information to the department not later than thirty days after the	112298
department issues the revised debt summary report. The revised	112299
debt summary report becomes the final debt summary report	112300
thirty-one days after the department issues the revised debt	112301
summary report unless the exiting operator or affiliated operator	112302
timely submits additional information to the department. If the	112303
exiting operator or affiliated operator timely submits additional	112304
information to the department, the department shall consider the	112305
additional information and issue a final debt summary report not	112306
later than sixty days after the department issues the revised debt	112307
summary report unless the department and exiting operator or	112308
affiliated operator agree to a later date.	112309

Each debt summary report the department issues under this	112310
section shall include the department's findings and the amount of	112311
debt the department determines the exiting operator owes the	112312
department and United States centers for medicare and medicaid	112313
services under the medicaid program. The department shall explain	112314
its findings and determination in each debt summary report.	112315

The exiting operator, and an affiliated operator who executes	112316
a successor liability agreement under section 5124.521 of the	112317
Revised Code, may request, in accordance with Chapter 119. of the	112318
Revised Code, an adjudication regarding a finding in a final debt	112319
summary report that pertains to an audit or alleged overpayment	112320
made under the medicaid program to the exiting operator. The	112321
adjudication shall be consolidated with any other uncompleted	112322
adjudication that concerns a matter addressed in the final debt	112323
summary report.	112324

Sec. 5124.526. The department of developmental disabilities	112325
shall release the actual amount withheld under division (A) of	112326
section 5124.521 of the Revised Code, less any amount the exiting	112327
operator owes the department and United States centers for	112328
medicare and medicaid services under the medicaid program, as	112329
follows:	112330

(A) Unless the department issues the initial debt summary	112331
report required by section 5124.525 of the Revised Code not later	112332
than sixty days after the date the exiting operator files the	112333
properly completed cost report required by section 5124.522 of the	112334
Revised Code, sixty-one days after the date the exiting operator	112335
files the properly completed cost report;	112336

(B) If the department issues the initial debt summary report	112337
required by section 5124.525 of the Revised Code not later than	112338
sixty days after the date the exiting operator files a properly	112339
completed cost report required by section 5124.522 of the Revised	112340
Code, not later than the following:	112341

(1) Thirty days after the deadline for requesting an	112342
adjudication under section 5124.525 of the Revised Code regarding	112343
the final debt summary report if the exiting operator, and an	112344
affiliated operator who executes a successor liability agreement	112345
under section 5124.521 of the Revised Code, fail to request the	112346
adjudication on or before the deadline;	112347

(2) Thirty days after the completion of an adjudication of	112348
the final debt summary report if the exiting operator, or an	112349
affiliated operator who executes a successor liability agreement	112350
under section 5124.521 of the Revised Code, requests the	112351
adjudication on or before the deadline for requesting the	112352
adjudication.	112353

(C) Unless the department issues the initial debt summary	112354
report required by section 5124.525 of the Revised Code not later	112355
than sixty days after the date the department waives the cost	112356
report requirement of section 5124.522 of the Revised Code,	112357
sixty-one days after the date the department waives the cost	112358
report requirement;	112359

(D) If the department issues the initial debt summary report	112360
required by section 5124.525 of the Revised Code not later than	112361
sixty days after the date the department waives the cost report	112362
requirement of section 5124.522 of the Revised Code, not later	112363
than the following:	112364

(1) Thirty days after the deadline for requesting an	112365
adjudication under section 5124.525 of the Revised Code regarding	112366
the final debt summary report if the exiting operator, and an	112367
affiliated operator who executes a successor liability agreement	112368
under section 5124.521 of the Revised Code, fail to request the	112369
adjudication on or before the deadline;	112370

(2) Thirty days after the completion of an adjudication of	112371
the final debt summary report if the exiting operator, or an	112372
affiliated operator who executes a successor liability agreement	112373
under section 5124.521 of the Revised Code, requests the	112374
adjudication on or before the deadline for requesting the	112375
adjudication.	112376

Sec. 5124.527. The department of developmental disabilities,	112377
at its sole discretion, may release the amount withheld under	112378
division (A) of section 5124.521 of the Revised Code if the	112379
exiting operator submits to the department written notice of a	112380
postponement of a change of operator, facility closure, or	112381
voluntary termination and the transactions leading to the change	112382
of operator, facility closure, or voluntary termination are	112383
postponed for at least thirty days but less than ninety days after	112384
the date originally proposed for the change of operator, facility	112385
closure, or voluntary termination as reported in the written	112386
notice required by section 5124.50 or 5124.51 of the Revised Code.	112387
The department shall release the amount withheld if the exiting	112388
operator submits to the department written notice of a	112389
cancellation or postponement of a change of operator, facility	112390
closure, or voluntary termination and the transactions leading to	112391
the change of operator, facility closure, or voluntary termination	112392
are canceled or postponed for more than ninety days after the date	112393
originally proposed for the change of operator, facility closure,	112394
or voluntary termination as reported in the written notice	112395
required by section 5124.50 or 5124.51 of the Revised Code. A	112396
written notice shall be provided to the department in accordance	112397
with the method specified in rules authorized by section 5124.53	112398
of the Revised Code.	112399

After the department receives a written notice regarding a	112400
cancellation or postponement of a facility closure or voluntary	112401
termination, the exiting operator or owner shall provide new	112402
written notice to the department under section 5124.50 of the	112403
Revised Code regarding any transactions leading to a facility	112404
closure or voluntary termination at a future time. After the	112405
department receives a written notice regarding a cancellation or	112406
postponement of a change of operator, the exiting operator or	112407
owner and entering operator shall provide new written notice to	112408
the department under section 5124.51 of the Revised Code regarding	112409
any transactions leading to a change of operator at a future time.	112410

Sec. 5124.528. (A) All amounts withheld under section	112411
5124.521 of the Revised Code from payment due an exiting operator	112412
under the medicaid program shall be deposited into the medicaid	112413
payment withholding fund created by the controlling board pursuant	112414
to section 131.35 of the Revised Code. Money in the fund shall be	112415
used as follows:	112416

(1) To pay an exiting operator when a withholding is released	112417
to the exiting operator under section 5124.526 or 5124.527 of the	112418
Revised Code;	112419

(2) To pay the department of medicaid or department of	112420
developmental disabilities, and United States centers for medicare	112421
and medicaid services, the amount an exiting operator owes the	112422
department of medicaid or department of developmental disabilities	112423
and United States centers under the medicaid program.	112424

(B) Amounts paid from the medicaid payment withholding fund	112425
pursuant to division (A)(2) of this section shall be deposited	112426
into the appropriate fund.	112427

Sec. 5124.53. The director of developmental disabilities	112428
shall adopt rules under section 5124.03 of the Revised Code to	112429
implement sections 5124.50 to 5124.53 of the Revised Code. The	112430
rules shall specify all of the following:	112431

(A) The method by which written notices to the department	112432
required by sections 5124.50 to 5124.53 of the Revised Code are to	112433
be provided;	112434

(B) The forms and documents that are to be provided to the	112435
department under sections 5124.511 and 5124.512 of the Revised	112436
Code, which shall include, in the case of such forms and documents	112437
provided by entering operators, all the fully executed leases,	112438
management agreements, merger agreements and supporting documents,	112439
and fully executed sales contracts and any other supporting	112440
documents culminating in the change of operator;	112441

(C) The method by which the forms and documents identified in	112442
division (B) of this section are to be provided to the department.	112443

~~Sec. 5111.874.~~ Sec. 5124.60. (A) ~~As used in sections 5111.874 to~~	112444
~~5111.8710 of the Revised Code:~~	112445

~~"Home and community-based services" has the same meaning as~~	112446
~~in section 5123.01 of the Revised Code.~~	112447

~~"ICF/MR services" means intermediate care facility for the~~	112448
~~mentally retarded services covered by the medicaid program that an~~	112449
~~intermediate care facility for the mentally retarded provides to a~~	112450
~~resident of the facility who is a medicaid recipient eligible for~~	112451
~~medicaid-covered intermediate care facility for the mentally~~	112452
~~retarded services.~~	112453

~~"Intermediate care facility for the mentally retarded" means~~	112454
~~an intermediate care facility for the mentally retarded that is~~	112455
~~certified as in compliance with applicable standards for the~~	112456
~~medicaid program by the director of health in accordance with~~	112457
~~Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42~~	112458
~~U.S.C. 1396, as amended, and licensed as a residential facility~~	112459
~~under section 5123.19 of the Revised Code.~~	112460

~~"Residential facility" has the same meaning as in section~~	112461
~~5123.19 of the Revised Code.~~	112462

~~(B)~~ For the purpose of increasing the number of slots	112463
available for home and community-based services and subject to	112464
sections ~~5111.877~~5124.63 and ~~5111.878~~5124.64 of the Revised	112465
Code, the operator of an ~~intermediate care facility for the~~	112466
~~mentally retarded~~ICF/IID may convert some or all of the beds in	112467
the ~~facility~~ICF/IID from providing ~~ICF/MR~~ICF/IID services to	112468
providing home and community-based services if all of the	112469
following requirements are met:	112470

(1) The operator provides the directors of health and	112471
developmental disabilities at least ninety days' notice of the	112472
operator's intent to make the conversion.	112473

(2) The operator complies with the requirements of sections	112474
~~5111.65~~5124.50 to ~~5111.689~~5124.53 of the Revised Code regarding	112475
a voluntary termination ~~as defined in section 5111.65 of the~~	112476
~~Revised Code~~ if those requirements are applicable.	112477

(3) If the operator intends to convert all of the ~~facility's~~	112478
ICF/IID's beds, the operator notifies each of the ~~facility's~~	112479
ICF/IID's residents that the ~~facility~~ICF/IID is to cease	112480
providing ~~ICF/MR~~ICF/IID services and inform each resident that	112481
the resident may do either of the following:	112482

(a) Continue to receive ~~ICF/MR~~ICF/IID services by	112483
transferring to another ~~facility~~ICF/IID that is ~~an intermediate~~	112484
~~care facility for the mentally retarded~~ willing and able to accept	112485
the resident if the resident continues to qualify for ~~ICF/MR~~	112486
ICF/IID services;	112487

(b) Begin to receive home and community-based services	112488
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	112489
community-based services that is willing and able to provide the	112490
services to the resident if the resident is eligible for the	112491
services and a slot for the services is available to the resident.	112492

(4) If the operator intends to convert some but not all of	112493
the ~~facility's~~ICF/IID's beds, the operator notifies each of the	112494
~~facility's~~ICF/IID's residents that the ~~facility~~ICF/IID is to	112495
convert some of its beds from providing ~~ICF/MR~~ICF/IID services to	112496
providing home and community-based services and inform each	112497
resident that the resident may do either of the following:	112498

(a) Continue to receive ~~ICF/MR~~ICF/IID services from any	112499
~~provider of services ICF/MR~~ICF/IID that is willing and able to	112500
provide the services to the resident if the resident continues to	112501
qualify for ~~ICF/MR~~ICF/IID services;	112502

(b) Begin to receive home and community-based services	112503
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	112504
community-based services that is willing and able to provide the	112505
services to the resident if the resident is eligible for the	112506
services and a slot for the services is available to the resident.	112507

(5) The operator meets the requirements for providing home	112508
and community-based services, including the following:	112509

(a) Such requirements applicable to a residential facility if	112510
the operator maintains the facility's license as a residential	112511
facility;	112512

(b) Such requirements applicable to a facility that is not	112513
licensed as a residential facility if the operator surrenders the	112514
facility's license as a residential facility under section 5123.19	112515
of the Revised Code.	112516

(6) The director of developmental disabilities approves the	112517
conversion.	112518

~~(C)~~(B) A decision by the director of developmental	112519
disabilities to approve or refuse to approve a proposed conversion	112520
of beds is final. In making a decision, the director shall	112521
consider all of the following:	112522

(1) The fiscal impact on the ~~facility~~ICF/IID if some but not	112523
all of the beds are converted;	112524

(2) The fiscal impact on the ~~medical assistance~~medicaid	112525
program;	112526

(3) The availability of home and community-based services.

112527

~~(D)~~(C) The notice provided to the directors under division	112528
~~(B)~~(A)(1) of this section shall specify whether some or all of the	112529
~~facility's~~ICF/IID's beds are to be converted. If some but not all	112530
of the beds are to be converted, the notice shall specify how many	112531
of the ~~facility's~~ICF/IID's beds are to be converted and how many	112532
of the beds are to continue to provide ~~ICF/MR~~ICF/IID services.	112533
The notice to the director of developmental disabilities shall	112534
specify whether the operator wishes to surrender the ~~facility's~~	112535
ICF/IID's license as a residential facility under section 5123.19	112536
of the Revised Code.	112537

~~(E)~~(D)(1) If the director of developmental disabilities	112538
approves a conversion under division ~~(C)~~(B) of this section, the	112539
director of health shall do the following:	112540

(a) Terminate the ICF/IID's medicaid certification ~~of the~~	112541
~~intermediate care facility for the mentally retarded~~ if the notice	112542
specifies that all of the ~~facility's~~ICF/IID's beds are to be	112543
converted;	112544

(b) Reduce the ~~facility's certified~~ICF/IID's	112545
medicaid-certified capacity by the number of beds being converted	112546
if the notice specifies that some but not all of the beds are to	112547
be converted.	112548

(2) The director of health shall notify the medicaid director	112549
~~of job and family services~~ of the termination or reduction. On	112550
receipt of the ~~director of health's~~ notice, the medicaid director	112551
~~of job and family services~~ shall do the following:	112552

(a) Terminate the operator's medicaid provider agreement that	112553
authorizes the operator to provide ~~ICF/MR~~ICF/IID services at the	112554
~~facility~~ICF/IID if the ~~facility's~~ICF/IID's certification was	112555
terminated;	112556

(b) Amend the operator's medicaid provider agreement to	112557
reflect the ~~facility's~~ICF/IID's reduced ~~certified~~	112558
medicaid-certified capacity if the ~~facility's certified~~ICF/IID's	112559
medicaid-certified capacity is reduced.	112560

(3) In the case of action taken under division ~~(E)~~(D)(2)(a)	112561
of this section, the operator is not entitled to notice or a	112562
hearing under Chapter 119. of the Revised Code before the medicaid	112563
director ~~of job and family services~~ terminates the medicaid	112564
provider agreement.	112565

~~Sec. 5111.875.~~ Sec. 5124.61. (A) For the purpose of increasing the	112566
number of slots available for home and community-based services	112567
and subject to sections ~~5111.877~~5124.63 and ~~5111.878~~5124.64 of	112568
the Revised Code, a person who acquires, through a request for	112569
proposals issued by the director of developmental disabilities, a	112570
~~residential facility that is an intermediate care facility for the~~	112571
~~mentally retarded and~~an ICF/IID for which ~~the~~a residential	112572
facility license ~~as a residential facility~~ was previously	112573
surrendered or revoked may convert some or all of the ~~facility's~~	112574
ICF/IID's beds from providing ~~ICF/MR~~ICF/IID services to providing	112575
home and community-based services if all of the following	112576
requirements are met:	112577

(1) The person provides the directors of health~~, job and~~	112578
~~family services,~~ and developmental disabilities and medicaid	112579
director at least ninety days' notice of the person's intent to	112580
make the conversion.	112581

(2) The person complies with the requirements of sections	112582
~~5111.65~~5124.50 to ~~5111.689~~5124.53 of the Revised Code regarding	112583
a voluntary termination ~~as defined in section 5111.65 of the~~	112584
~~Revised Code~~ if those requirements are applicable.	112585

(3) If the person intends to convert all of the ~~facility's~~	112586
ICF/IID's beds, the person notifies each of the ~~facility's~~	112587
ICF/IID's residents that the ~~facility~~ICF/IID is to cease	112588
providing ~~ICF/MR~~ICF/IID services and informs each resident that	112589
the resident may do either of the following:	112590

(a) Continue to receive ~~ICF/MR~~ICF/IID services by	112591
transferring to another ~~facility that is an intermediate care~~	112592
~~facility for the mentally retarded~~ICF/IID willing and able to	112593
accept the resident if the resident continues to qualify for	112594
~~ICF/MR~~ICF/IID services;	112595

(b) Begin to receive home and community-based services	112596
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	112597
community-based services that is willing and able to provide the	112598
services to the resident if the resident is eligible for the	112599
services and a slot for the services is available to the resident.	112600

(4) If the person intends to convert some but not all of the	112601
~~facility's~~ICF/IID's beds, the person notifies each of the	112602
~~facility's~~ICF/IID's residents that the ~~facility~~ICF/IID is to	112603
convert some of its beds from providing ~~ICF/MR~~ICF/IID services to	112604
providing home and community-based services and inform each	112605
resident that the resident may do either of the following:	112606

(a) Continue to receive ~~ICF/MR~~ICF/IID services from any	112607
~~provider of ICF/MR services~~ that is willing and able to provide	112608
the services to the resident if the resident continues to qualify	112609
for ~~ICF/MR~~ICF/IID services;	112610

(b) Begin to receive home and community-based services	112611
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	112612
community-based services that is willing and able to provide the	112613
services to the resident if the resident is eligible for the	112614
services and a slot for the services is available to the resident.	112615

(5) The person meets the requirements for providing home and	112616
community-based services at a residential facility.	112617

(B) The notice provided to the directors under division	112618
(A)(1) of this section shall specify whether some or all of the	112619
~~facility's~~ICF/IID's beds are to be converted. If some but not all	112620
of the beds are to be converted, the notice shall specify how many	112621
of the ~~facility's~~ICF/IID's beds are to be converted and how many	112622
of the beds are to continue to provide ~~ICF/MR~~ICF/IID services.	112623

(C) On receipt of a notice under division (A)(1) of this	112624
section, the director of health shall do the following:	112625

(1) Terminate the ICF/IID's medicaid certification ~~of the~~	112626
~~intermediate care facility for the mentally retarded~~ if the notice	112627
specifies that all of the facility's beds are to be converted;	112628

(2) Reduce the ~~facility's certified~~ICF/IID's	112629
medicaid-certified capacity by the number of beds being converted	112630
if the notice specifies that some but not all of the beds are to	112631
be converted.	112632

(D) The director of health shall notify the medicaid director	112633
~~of job and family services~~ of the termination or reduction under	112634
division (C) of this section. On receipt of the director of	112635
health's notice, the medicaid director ~~of job and family services~~	112636
shall do the following:	112637

(1) Terminate the person's medicaid provider agreement that	112638
authorizes the person to provide ~~ICF/MR~~ICF/IID services at the	112639
~~facility~~ICF/IID if the ~~facility's~~ICF/IID's medicaid	112640
certification was terminated;	112641

(2) Amend the person's medicaid provider agreement to reflect	112642
the ~~facility's~~ICF/IID's reduced ~~certified~~medicaid-certified	112643
capacity if the ~~facility's certified~~ICF/IID's medicaid-certified	112644
capacity is reduced.	112645

The person is not entitled to notice or a hearing under	112646
Chapter 119. of the Revised Code before the medicaid director of	112647
~~job and family services~~ terminates or amends the medicaid provider	112648
agreement.	112649

~~Sec. 5111.876.~~ Sec. 5124.62. Subject to section ~~5111.877~~5124.63	112650
of the Revised Code, the director of developmental disabilities	112651
may request that the medicaid director ~~of job and family services~~	112652
seek the approval of the United States secretary of health and	112653
human services to increase the number of slots available for home	112654
and community-based services by a number not exceeding the number	112655
of beds that were part of the licensed capacity of a residential	112656
facility that had its license revoked or surrendered under section	112657
5123.19 of the Revised Code if the residential facility was an	112658
~~intermediate care facility for the mentally retarded~~ICF/IID at	112659
the time of the license revocation or surrender. The revocation or	112660
surrender may have occurred before, or may occur on or after, June	112661
24, 2008. The request may include beds the director of	112662
developmental disabilities removed from such a residential	112663
facility's licensed capacity before transferring ownership or	112664
operation of the residential facility pursuant to a request for	112665
proposals.	112666

~~Sec. 5111.877.~~ Sec. 5124.63. The medicaid director ~~of job and~~	112667
~~family services~~ may seek approval from the United States secretary	112668
of health and human services for not more than a total of ~~five~~six	112669
hundred slots for home and community-based services for the	112670
purposes of sections ~~5111.874~~5124.60, ~~5111.875~~5124.61, and	112671
~~5111.876~~5124.62 of the Revised Code.	112672

~~Sec. 5111.878.~~ Sec. 5124.64. Not more than a total of ~~five~~six	112673
hundred beds may be converted from providing ~~ICF/MR~~ICF/IID	112674
services to providing home and community-based services under	112675
sections ~~5111.874~~5124.60 and ~~5111.875~~5124.61 of the Revised	112676
Code.	112677

~~Sec. 5111.879.~~ Sec. 5124.65. No person or government entity may	112678
reconvert a bed to be used for ~~ICF/MR~~ICF/IID services if the bed	112679
was converted to use for home and community-based services under	112680
section ~~5111.874~~5124.60 or ~~5111.875~~5124.61 of the Revised Code.	112681
This prohibition applies regardless of either of the following:	112682

(A) The bed is part of the licensed capacity of a residential	112683
facility.	112684

(B) The bed has been sold, leased, or otherwise transferred	112685
to another person or government entity.	112686

Sec. 5124.67. (A) The department of developmental	112687
disabilities shall strive to achieve, not later than July 1, 2018,	112688
the following statewide reductions in ICF/IID beds:	112689

(1) At least five hundred and not more than six hundred beds	112690
in ICFs/IID that, before becoming downsized ICFs/IID, have sixteen	112691
or more beds;	112692

(2) At least five hundred and not more than six hundred beds	112693
in ICFs/IID with any number of beds that convert some or all of	112694
their beds from providing ICF/IID services to providing home and	112695
community-based services pursuant to section 5124.60 or 5124.61 of	112696
the Revised Code.	112697

(B) In its efforts to achieve the reductions under division	112698
(A) of this section, the department shall collaborate with the	112699
Ohio association of county boards serving people with	112700
developmental disabilities, the Ohio provider resource	112701
association, the Ohio centers for intellectual disabilities formed	112702
by the Ohio health care association, and the values and faith	112703
alliance. The collaboration efforts may include the following:	112704

(1) Identifying ICFs/IID that may reduce the number of their	112705
beds to help achieve the reductions under division (A) of this	112706
section;	112707

(2) Encouraging ICF/IID providers to reduce the number of	112708
their ICFs/IID's beds;	112709

(3) Establishing interim time frames for making progress in	112710
achieving the reductions;	112711

(4) Creating incentives for, and removing impediments to, the	112712
reductions;	112713

(5) In the case of ICF/IID beds that are converted to	112714
providing home and community-based services, developing a	112715
mechanism to compensate providers for beds that permanently cease	112716
to provide ICF/IID services.	112717

(C) The department shall meet not less than twice each year	112718
with the organizations specified in division (B) of this section	112719
to do all of the following:	112720

(1) Review the progress being made in achieving the	112721
reductions under division (A) of this section;	112722

(2) Prepare written reports on the progress;

112723

(3) Identify additional measures needed to achieve the	112724
reductions.	112725

Sec. 5124.99. Whoever violates section 5124.102 or division	112726
(E) of section 5124.08 of the Revised Code shall be fined not less	112727
than five hundred dollars nor more than one thousand dollars for	112728
the first offense and not less than one thousand dollars nor more	112729
than five thousand dollars for each subsequent offense.	112730

Fines paid under this section shall be deposited in the state	112731
treasury to the credit of the general revenue fund.	112732

Sec. 5126.01. As used in this chapter:

112733

(A) As used in this division, "adult" means an individual who	112734
is eighteen years of age or over and not enrolled in a program or	112735
service under Chapter 3323. of the Revised Code and an individual	112736
sixteen or seventeen years of age who is eligible for adult	112737
services under rules adopted by the director of developmental	112738
disabilities pursuant to Chapter 119. of the Revised Code.	112739

(1) "Adult services" means services provided to an adult	112740
outside the home, except when they are provided within the home	112741
according to an individual's assessed needs and identified in an	112742
individual service plan, that support learning and assistance in	112743
the area of self-care, sensory and motor development,	112744
socialization, daily living skills, communication, community	112745
living, social skills, or vocational skills.	112746

(2) "Adult services" includes all of the following:

112747

(a) Adult day habilitation services;

112748

(b) Adult day care;

112749

112750

(d) Sheltered employment;

112751

(e) Educational experiences and training obtained through	112752
entities and activities that are not expressly intended for	112753
individuals with mental retardation and developmental	112754
disabilities, including trade schools, vocational or technical	112755
schools, adult education, job exploration and sampling, unpaid	112756
work experience in the community, volunteer activities, and	112757
spectator sports;	112758

(f) Community employment services and supported employment	112759
services.	112760

(B)(1) "Adult day habilitation services" means adult services	112761
that do the following:	112762

(a) Provide access to and participation in typical activities	112763
and functions of community life that are desired and chosen by the	112764
general population, including such activities and functions as	112765
opportunities to experience and participate in community	112766
exploration, companionship with friends and peers, leisure	112767
activities, hobbies, maintaining family contacts, community	112768
events, and activities where individuals without disabilities are	112769
involved;	112770

(b) Provide supports or a combination of training and	112771
supports that afford an individual a wide variety of opportunities	112772
to facilitate and build relationships and social supports in the	112773
community.	112774

(2) "Adult day habilitation services" includes all of the	112775
following:	112776

(a) Personal care services needed to ensure an individual's	112777
ability to experience and participate in vocational services,	112778
educational services, community activities, and any other adult	112779
day habilitation services;	112780

(b) Skilled services provided while receiving adult day	112781
habilitation services, including such skilled services as behavior	112782
management intervention, occupational therapy, speech and language	112783
therapy, physical therapy, and nursing services;	112784

(c) Training and education in self-determination designed to	112785
help the individual do one or more of the following: develop	112786
self-advocacy skills, exercise the individual's civil rights,	112787
acquire skills that enable the individual to exercise control and	112788
responsibility over the services received, and acquire skills that	112789
enable the individual to become more independent, integrated, or	112790
productive in the community;	112791

(d) Recreational and leisure activities identified in the	112792
individual's service plan as therapeutic in nature or assistive in	112793
developing or maintaining social supports;	112794

(e) Counseling and assistance provided to obtain housing,	112795
including such counseling as identifying options for either rental	112796
or purchase, identifying financial resources, assessing needs for	112797
environmental modifications, locating housing, and planning for	112798
ongoing management and maintenance of the housing selected;	112799

(f) Transportation necessary to access adult day habilitation	112800
services;	112801

(g) Habilitation management, as described in section 5126.14	112802
of the Revised Code.	112803

(3) "Adult day habilitation services" does not include	112804
activities that are components of the provision of residential	112805
services, family support services, or supported living services.	112806

112807

(1) In the case of a member of a county board of	112808
developmental disabilities appointed by, or to be appointed by, a	112809
board of county commissioners, the board of county commissioners;	112810

(2) In the case of a member of a county board appointed by,	112811
or to be appointed by, a senior probate judge, the senior probate	112812
judge.	112813

(D) "Community employment," "competitive employment," and	112814
"integrated setting" have the same meanings as in section 5123.022	112815
of the Revised Code.	112816

(E) "~~Community employment services" or "supported~~Supported	112817
employment services" means vocational assessment, job training and	112818
coaching, job development and placement, worksite accessibility,	112819
and other services related to employment outside a sheltered	112820
workshop. "~~Community employment services" or "supported~~Supported	112821
employment services" ~~include all~~includes both of the following:	112822

(1) Job training resulting in the attainment of ~~competitive~~	112823
~~work~~community employment, supported work in a typical work	112824
environment, or self-employment;	112825

(2) ~~Supervised work experience through an employer paid to~~	112826
~~provide the supervised work experience;~~	112827

~~(3) Ongoing work in a competitive work environment at a wage~~	112828
~~commensurate with workers without disabilities;~~	112829

~~(4) Ongoing supervision by an employer paid to provide the~~	112830
~~supervision~~Support for ongoing community employment, supported	112831
work at community-based sites, or self-employment.	112832

~~(E)~~(F) As used in this division, "substantial functional	112833
limitation," "developmental delay," and "established risk" have	112834
the meanings established pursuant to section 5123.011 of the	112835
Revised Code.	112836

"Developmental disability" means a severe, chronic disability	112837
that is characterized by all of the following:	112838

(1) It is attributable to a mental or physical impairment or	112839
a combination of mental and physical impairments, other than a	112840
mental or physical impairment solely caused by mental illness as	112841
defined in division (A) of section 5122.01 of the Revised Code;	112842

(2) It is manifested before age twenty-two;

112843

(3) It is likely to continue indefinitely;

112844

(4) It results in one of the following:

112845

(a) In the case of a person under age three, at least one	112846
developmental delay or an established risk;	112847

(b) In the case of a person at least age three but under age	112848
six, at least two developmental delays or an established risk;	112849

(c) In the case of a person age six or older, a substantial	112850
functional limitation in at least three of the following areas of	112851
major life activity, as appropriate for the person's age:	112852
self-care, receptive and expressive language, learning, mobility,	112853
self-direction, capacity for independent living, and, if the	112854
person is at least age sixteen, capacity for economic	112855
self-sufficiency.	112856

(5) It causes the person to need a combination and sequence	112857
of special, interdisciplinary, or other type of care, treatment,	112858
or provision of services for an extended period of time that is	112859
individually planned and coordinated for the person.	112860

~~(F)~~(G) "Early childhood services" means a planned program of	112861
habilitation designed to meet the needs of individuals with mental	112862
retardation or other developmental disabilities who have not	112863
attained compulsory school age.	112864

~~(G)~~(H) "Employment services" means prevocational services or	112865
supported employment services.	112866

(I)(1) "Environmental modifications" means the physical	112867
adaptations to an individual's home, specified in the individual's	112868
service plan, that are necessary to ensure the individual's	112869
health, safety, and welfare or that enable the individual to	112870
function with greater independence in the home, and without which	112871
the individual would require institutionalization.	112872

(2) "Environmental modifications" includes such adaptations	112873
as installation of ramps and grab-bars, widening of doorways,	112874
modification of bathroom facilities, and installation of	112875
specialized electric and plumbing systems necessary to accommodate	112876
the individual's medical equipment and supplies.	112877

(3) "Environmental modifications" does not include physical	112878
adaptations or improvements to the home that are of general	112879
utility or not of direct medical or remedial benefit to the	112880
individual, including such adaptations or improvements as	112881
carpeting, roof repair, and central air conditioning.	112882

~~(H)~~(J) "Family support services" means the services provided	112883
under a family support services program operated under section	112884
5126.11 of the Revised Code.	112885

~~(I)~~(K) "Habilitation" means the process by which the staff of	112886
the facility or agency assists an individual with mental	112887
retardation or other developmental disability in acquiring and	112888
maintaining those life skills that enable the individual to cope	112889
more effectively with the demands of the individual's own person	112890
and environment, and in raising the level of the individual's	112891
personal, physical, mental, social, and vocational efficiency.	112892
Habilitation includes, but is not limited to, programs of formal,	112893
structured education and training.	112894

~~(J)~~(L) "Home and community-based services" ~~means~~	112895
~~medicaid-funded home and community-based services specified in~~	112896
~~division (B)(1) of section 5111.87 of the Revised Code and~~	112897
~~provided under the medicaid waiver components the department of~~	112898
~~developmental disabilities administers pursuant to~~has the same	112899
meaning as in section ~~5111.871~~5123.01 of the Revised Code.	112900
~~However, home and community-based services provided under the~~	112901
~~medicaid waiver component known as the transitions developmental~~	112902
~~disabilities waiver are to be considered to be home and~~	112903
~~community-based services for the purposes of this chapter only to~~	112904
~~the extent, if any, provided by the contract required by section~~	112905
~~5111.871 of the Revised Code regarding the waiver.~~	112906

~~(K)~~(M) "ICF/IID" has the same meaning as in section 5124.01	112907
of the Revised Code.	112908

(N) "Immediate family" means parents, grandparents, brothers,	112909
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	112910
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	112911
daughters-in-law.	112912

~~(L) "Medicaid" has the same meaning as in section 5111.01 of~~	112913
~~the Revised Code.~~	112914

~~(M)~~(O) "Medicaid case management services" means case	112915
management services provided to an individual with mental	112916
retardation or other developmental disability that the state	112917
medicaid plan requires.	112918

~~(N)~~(P) "Mental retardation" means a mental impairment	112919
manifested during the developmental period characterized by	112920
significantly subaverage general intellectual functioning existing	112921
concurrently with deficiencies in the effectiveness or degree with	112922
which an individual meets the standards of personal independence	112923
and social responsibility expected of the individual's age and	112924
cultural group.	112925

~~(O)~~(Q) "Prevocational services" means services, including	112926
services as a volunteer, that provide learning and work	112927
experiences from which an individual can develop general strengths	112928
and skills that are not specific to a particular task or job but	112929
contribute to employability in community employment, supported	112930
work at community-based sites, or self-employment.	112931

(R) "Residential services" means services to individuals with	112932
mental retardation or other developmental disabilities to provide	112933
housing, food, clothing, habilitation, staff support, and related	112934
support services necessary for the health, safety, and welfare of	112935
the individuals and the advancement of their quality of life.	112936
"Residential services" includes program management, as described	112937
in section 5126.14 of the Revised Code.	112938

~~(P)~~(S) "Resources" means available capital and other assets,	112939
including moneys received from the federal, state, and local	112940
governments, private grants, and donations; appropriately	112941
qualified personnel; and appropriate capital facilities and	112942
equipment.	112943

~~(Q)~~(T) "Senior probate judge" means the current probate judge	112944
of a county who has served as probate judge of that county longer	112945
than any of the other current probate judges of that county. If a	112946
county has only one probate judge, "senior probate judge" means	112947
that probate judge.	112948

~~(R)~~(U) "Service and support administration" means the duties	112949
performed by a service and support administrator pursuant to	112950
section 5126.15 of the Revised Code.	112951

~~(S)~~(V)(1) "Specialized medical, adaptive, and assistive	112952
equipment, supplies, and supports" means equipment, supplies, and	112953
supports that enable an individual to increase the ability to	112954
perform activities of daily living or to perceive, control, or	112955
communicate within the environment.	112956

(2) "Specialized medical, adaptive, and assistive equipment,	112957
supplies, and supports" includes the following:	112958

(a) Eating utensils, adaptive feeding dishes, plate guards,	112959
mylatex straps, hand splints, reaches, feeder seats, adjustable	112960
pointer sticks, interpreter services, telecommunication devices	112961
for the deaf, computerized communications boards, other	112962
communication devices, support animals, veterinary care for	112963
support animals, adaptive beds, supine boards, prone boards,	112964
wedges, sand bags, sidelayers, bolsters, adaptive electrical	112965
switches, hand-held shower heads, air conditioners, humidifiers,	112966
emergency response systems, folding shopping carts, vehicle lifts,	112967
vehicle hand controls, other adaptations of vehicles for	112968
accessibility, and repair of the equipment received.	112969

(b) Nondisposable items not covered by medicaid that are	112970
intended to assist an individual in activities of daily living or	112971
instrumental activities of daily living.	112972

~~(T)~~(W) "Supportive home services" means a range of services	112973
to families of individuals with mental retardation or other	112974
developmental disabilities to develop and maintain increased	112975
acceptance and understanding of such persons, increased ability of	112976
family members to teach the person, better coordination between	112977
school and home, skills in performing specific therapeutic and	112978
management techniques, and ability to cope with specific	112979
situations.	112980

~~(U)~~(X)(1) "Supported living" means services provided for as	112981
long as twenty-four hours a day to an individual with mental	112982
retardation or other developmental disability through any public	112983
or private resources, including moneys from the individual, that	112984
enhance the individual's reputation in community life and advance	112985
the individual's quality of life by doing the following:	112986

(a) Providing the support necessary to enable an individual	112987
to live in a residence of the individual's choice, with any number	112988
of individuals who are not disabled, or with not more than three	112989
individuals with mental retardation and developmental disabilities	112990
unless the individuals are related by blood or marriage;	112991

(b) Encouraging the individual's participation in the	112992
community;	112993

112994

(d) Assisting the individual in acquiring, retaining, and	112995
improving the skills and competence necessary to live successfully	112996
in the individual's residence.	112997

(2) "Supported living" includes the provision of all of the	112998
following:	112999

(a) Housing, food, clothing, habilitation, staff support,	113000
professional services, and any related support services necessary	113001
to ensure the health, safety, and welfare of the individual	113002
receiving the services;	113003

(b) A combination of lifelong or extended-duration	113004
supervision, training, and other services essential to daily	113005
living, including assessment and evaluation and assistance with	113006
the cost of training materials, transportation, fees, and	113007
supplies;	113008

113009

(d) Household maintenance that does not include modifications	113010
to the physical structure of the residence;	113011

(e) Respite care services;

113012

(f) Program management, as described in section 5126.14 of	113013
the Revised Code.	113014

Sec. 5126.026. Except as otherwise provided in this section	113015
and section 5126.0218 of the Revised Code, a member of a county	113016
board of developmental disabilities may be reappointed to the	113017
county board. Prior to making a reappointment, the appointing	113018
authority shall ascertain, through written communication with the	113019
board, that the member being considered for reappointment meets	113020
the requirements of sections 5126.022 and 5126.0218 of the Revised	113021
Code.	113022

A member who has served during each of three consecutive	113023
terms shall not be reappointed for a subsequent term until two	113024
years after ceasing to be a member of the county board, except	113025
that a member who has served for ten years or less within three	113026
consecutive terms may be reappointed for a subsequent term before	113027
becoming ineligible for reappointment for two years.	113028

If, however, a county board experiences extenuating	113029
circumstances that would severely restrict the board from being	113030
able to fill a pending vacancy of a board member who will become	113031
ineligible for service on the board after serving three	113032
consecutive terms, the appointing authority may request a waiver	113033
from the director of developmental disabilities to allow that	113034
member to serve an additional four-year term subsequent to serving	113035
three consecutive four-year terms. The director shall determine if	113036
the extenuating circumstances associated with the board warrant	113037
the granting of such a waiver.	113038

Sec. 5126.043. (A) Unless a guardian has been appointed for	113039
the individual, when a decision regarding receipt of a service or	113040
participation in a program provided for or funded under this	113041
chapter or Chapter 5123. or 5124. of the Revised Code by an	113042
individual with mental retardation or other developmental	113043
disability must be made, the individual shall be permitted to make	113044
the decision. The individual may obtain support and guidance from	113045
an adult family member or other person, but doing so does not	113046
affect the right of the individual to make the decision.	113047

(B) An individual with mental retardation or other	113048
developmental disability may authorize an adult to make a decision	113049
described in division (A) of this section on the individual's	113050
behalf, as long as the adult does not have a financial interest in	113051
the decision. The authorization shall be made in writing.	113052

(C) If a guardian has been appointed for an individual with	113053
mental retardation or other developmental disability, the guardian	113054
shall make any decision described in division (A) of this section	113055
on behalf of the individual. This section does not require	113056
appointment of a guardian.	113057

(D) Individuals with mental retardation and other	113058
developmental disabilities, including those who have been	113059
adjudicated incompetent pursuant to Chapter 2111. of the Revised	113060
Code, have the right to participate in decisions that affect their	113061
lives and to have their needs, desires, and preferences	113062
considered. An adult or guardian who makes a decision pursuant to	113063
division (B) or (C) of this section shall make a decision that is	113064
in the best interests of the individual on whose behalf the	113065
decision is made and that is consistent with the needs, desires,	113066
and preferences of that individual.	113067

Sec. 5126.05. (A) Subject to the rules established by the	113068
director of developmental disabilities pursuant to Chapter 119. of	113069
the Revised Code for programs and services offered pursuant to	113070
this chapter, and subject to the rules established by the state	113071
board of education pursuant to Chapter 119. of the Revised Code	113072
for programs and services offered pursuant to Chapter 3323. of the	113073
Revised Code, the county board of developmental disabilities	113074
shall:	113075

(1) Administer and operate facilities, programs, and services	113076
as provided by this chapter and Chapter 3323. of the Revised Code	113077
and establish policies for their administration and operation;	113078

(2) Coordinate, monitor, and evaluate existing services and	113079
facilities available to individuals with mental retardation and	113080
developmental disabilities;	113081

(3) Provide early childhood services, supportive home	113082
services, and adult services, according to the plan and priorities	113083
developed under section 5126.04 of the Revised Code;	113084

(4) Provide or contract for special education services	113085
pursuant to Chapters 3317. and 3323. of the Revised Code and	113086
ensure that related services, as defined in section 3323.01 of the	113087
Revised Code, are available according to the plan and priorities	113088
developed under section 5126.04 of the Revised Code;	113089

(5) Adopt a budget, authorize expenditures for the purposes	113090
specified in this chapter and do so in accordance with section	113091
319.16 of the Revised Code, approve attendance of board members	113092
and employees at professional meetings and approve expenditures	113093
for attendance, and exercise such powers and duties as are	113094
prescribed by the director;	113095

(6) Submit annual reports of its work and expenditures,	113096
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	113097
the director, the superintendent of public instruction, and the	113098
board of county commissioners at the close of the fiscal year and	113099
at such other times as may reasonably be requested;	113100

(7) Authorize all positions of employment, establish	113101
compensation, including but not limited to salary schedules and	113102
fringe benefits for all board employees, approve contracts of	113103
employment for management employees that are for a term of more	113104
than one year, employ legal counsel under section 309.10 of the	113105
Revised Code, and contract for employee benefits;	113106

(8) Provide service and support administration in accordance	113107
with section 5126.15 of the Revised Code;	113108

(9) Certify respite care homes pursuant to rules adopted	113109
under section 5123.171 of the Revised Code by the director of	113110
developmental disabilities;	113111

(10) Implement an employment first policy that clearly	113112
identifies community employment as the desired outcome for every	113113
individual of working age who receives services from the board;	113114

(11) Set benchmarks for improving community employment	113115
outcomes.	113116

(B) To the extent that rules adopted under this section apply	113117
to the identification and placement of children with disabilities	113118
under Chapter 3323. of the Revised Code, they shall be consistent	113119
with the standards and procedures established under sections	113120
3323.03 to 3323.05 of the Revised Code.	113121

(C) Any county board may enter into contracts with other such	113122
boards and with public or private, nonprofit, or profit-making	113123
agencies or organizations of the same or another county, to	113124
provide the facilities, programs, and services authorized or	113125
required, upon such terms as may be agreeable, and in accordance	113126
with this chapter and Chapter 3323. of the Revised Code and rules	113127
adopted thereunder and in accordance with sections 307.86 and	113128
5126.071 of the Revised Code.	113129

(D) A county board may combine transportation for children	113130
and adults enrolled in programs and services offered under Chapter	113131
5126. of the Revised Code with transportation for children	113132
enrolled in classes funded under ~~section~~sections 3317.0213 and	113133
3317.20 ~~or units approved under section 3317.05~~ of the Revised	113134
Code.	113135

(E) A county board may purchase all necessary insurance	113136
policies, may purchase equipment and supplies through the	113137
department of administrative services or from other sources, and	113138
may enter into agreements with public agencies or nonprofit	113139
organizations for cooperative purchasing arrangements.	113140

(F) A county board may receive by gift, grant, devise, or	113141
bequest any moneys, lands, or property for the benefit of the	113142
purposes for which the board is established and hold, apply, and	113143
dispose of the moneys, lands, and property according to the terms	113144
of the gift, grant, devise, or bequest. All money received by	113145
gift, grant, bequest, or disposition of lands or property received	113146
by gift, grant, devise, or bequest shall be deposited in the	113147
county treasury to the credit of such board and shall be available	113148
for use by the board for purposes determined or stated by the	113149
donor or grantor, but may not be used for personal expenses of the	113150
board members. Any interest or earnings accruing from such gift,	113151
grant, devise, or bequest shall be treated in the same manner and	113152
subject to the same provisions as such gift, grant, devise, or	113153
bequest.	113154

(G) The board of county commissioners shall levy taxes and	113155
make appropriations sufficient to enable the county board of	113156
developmental disabilities to perform its functions and duties,	113157
and may utilize any available local, state, and federal funds for	113158
such purpose.	113159

Sec. 5126.051. (A) To the extent that resources are	113160
available, a county board of developmental disabilities shall	113161
provide for or arrange residential services and supported living	113162
for individuals with mental retardation and developmental	113163
disabilities.	113164

A county board may acquire, convey, lease, or sell property	113165
for residential services and supported living and enter into loan	113166
agreements, including mortgages, for the acquisition of such	113167
property. A county board is not required to comply with provisions	113168
of Chapter 307. of the Revised Code providing for competitive	113169
bidding or sheriff sales in the acquisition, lease, conveyance, or	113170
sale of property under this division, but the acquisition, lease,	113171
conveyance, or sale must be at fair market value determined by	113172
appraisal of one or more disinterested persons appointed by the	113173
board.	113174

Any action taken by a county board under this division that	113175
will incur debt on the part of the county shall be taken in	113176
accordance with Chapter 133. of the Revised Code. A county board	113177
shall not incur any debt on the part of the county without the	113178
prior approval of the board of county commissioners.	113179

(B)(1) To the extent that resources are available, in	113180
~~addition to sheltered employment and work activities provided as~~a	113181
county board shall provide or arrange for the provision of adult	113182
services ~~pursuant to division (A)(3) of section 5126.05 of the~~	113183
~~Revised Code, a county board of developmental disabilities may~~	113184
~~provide or arrange for job training, vocational evaluation, and~~	113185
~~community employment services~~ to ~~mentally retarded and~~	113186
~~developmentally disabled~~ individuals who are age eighteen and	113187
older and not enrolled in a program or service under Chapter 3323.	113188
of the Revised Code or age sixteen or seventeen and eligible for	113189
adult services under rules adopted by the director of	113190
developmental disabilities under Chapter 119. of the Revised Code.	113191
These services shall be provided in accordance with the	113192
individual's individual service ~~or habilitation~~ plan and shall	113193
include support services specified in the plan.	113194

(2) Any prevocational services shall be provided in	113195
accordance with the individual's individual service plan and occur	113196
over a specified period of time with specific outcomes sought to	113197
be achieved.	113198

(3) A county board may, in cooperation with the ~~Ohio~~	113199
~~rehabilitation services commission~~opportunities for Ohioans with	113200
disabilities agency, seek federal funds for job training ~~and~~or	113201
other services directly at helping individuals obtain community	113202
employment.	113203

~~(3)~~(4) A county board may contract with any agency, board, or	113204
other entity that is accredited by the commission on accreditation	113205
of rehabilitation facilities to provide services. A county board	113206
that is accredited by the commission on accreditation of	113207
rehabilitation facilities may provide services for which it is	113208
certified by the commission.	113209

(C) To the extent that resources are available, a county	113210
board may provide services to an individual with mental	113211
retardation or other developmental disability in addition to those	113212
provided pursuant to this section, section 5126.05 of the Revised	113213
Code, or any other section of this chapter. The services shall be	113214
provided in accordance with the individual's ~~habilitation or~~	113215
individual service plan and may be provided in collaboration with	113216
other entities of state or local government.	113217

Sec. 5126.054. (A) Each county board of developmental	113218
disabilities shall, by resolution, develop a three-calendar year	113219
plan that includes the following three components:	113220

(1) An assessment component that includes all of the	113221
following:	113222

(a) The number of individuals with mental retardation or	113223
other developmental disability residing in the county who need the	113224
level of care provided by an ~~intermediate care facility for the~~	113225
~~mentally retarded~~ICF/IID, may seek home and community-based	113226
services, and are given priority on a waiting list established for	113227
the services pursuant to section 5126.042 of the Revised Code; the	113228
service needs of those individuals; and the projected annualized	113229
cost for services;	113230

(b) The source of funds available to the county board to pay	113231
the nonfederal share of medicaid expenditures that the county	113232
board is required by sections 5126.059 and 5126.0510 of the	113233
Revised Code to pay;	113234

(c) Any other applicable information or conditions that the	113235
department of developmental disabilities requires as a condition	113236
of approving the component under section 5123.046 of the Revised	113237
Code.	113238

(2) A preliminary implementation component that specifies the	113239
number of individuals to be provided, during the first year that	113240
the plan is in effect, home and community-based services pursuant	113241
to the waiting list priority given to them under section 5126.042	113242
of the Revised Code and the types of home and community-based	113243
services the individuals are to receive;	113244

(3) A component that provides for the implementation of	113245
medicaid case management services and home and community-based	113246
services for individuals who begin to receive the services on or	113247
after the date the plan is approved under section 5123.046 of the	113248
Revised Code. A county board shall include all of the following in	113249
the component:	113250

(a) If the department of developmental disabilities or	113251
department of ~~job and family services~~medicaid requires, an	113252
agreement to pay the nonfederal share of medicaid expenditures	113253
that the county board is required by sections 5126.059 and	113254
5126.0510 of the Revised Code to pay;	113255

(b) How the services are to be phased in over the period the	113256
plan covers, including how the county board will serve individuals	113257
who have priority on a waiting list established under section	113258
5126.042 of the Revised Code;	113259

(c) Any agreement or commitment regarding the county board's	113260
funding of home and community-based services that the county board	113261
has with the department at the time the county board develops the	113262
component;	113263

(d) Assurances adequate to the department that the county	113264
board will comply with all of the following requirements:	113265

(i) To provide the types of home and community-based services	113266
specified in the preliminary implementation component required by	113267
division (A)(2) of this section to at least the number of	113268
individuals specified in that component;	113269

(ii) To use any additional funds the county board receives	113270
for the services to improve the county board's resource	113271
capabilities for supporting such services available in the county	113272
at the time the component is developed and to expand the services	113273
to accommodate the unmet need for those services in the county;	113274

(iii) To employ or contract with a business manager or enter	113275
into an agreement with another county board of developmental	113276
disabilities that employs or contracts with a business manager to	113277
have the business manager serve both county boards. No	113278
superintendent of a county board may serve as the county board's	113279
business manager.	113280

(iv) To employ or contract with a medicaid services manager	113281
or enter into an agreement with another county board of	113282
developmental disabilities that employs or contracts with a	113283
medicaid services manager to have the medicaid services manager	113284
serve both county boards. No superintendent of a county board may	113285
serve as the county board's medicaid services manager.	113286

(e) Programmatic and financial accountability measures and	113287
projected outcomes expected from the implementation of the plan;	113288

(f) Any other applicable information or conditions that the	113289
department requires as a condition of approving the component	113290
under section 5123.046 of the Revised Code.	113291

(B) A county board whose plan developed under division (A) of	113292
this section is approved by the department under section 5123.046	113293
of the Revised Code shall update and renew the plan in accordance	113294
with a schedule the department shall develop.	113295

Sec. 5126.055. (A) Except as provided in section 5126.056 of	113296
the Revised Code, a county board of developmental disabilities has	113297
medicaid local administrative authority to, and shall, do all of	113298
the following for an individual with mental retardation or other	113299
developmental disability who resides in the county that the county	113300
board serves and seeks or receives home and community-based	113301
services:	113302

(1) Perform assessments and evaluations of the individual. As	113303
part of the assessment and evaluation process, the county board	113304
shall do all of the following:	113305

(a) Make a recommendation to the department of developmental	113306
disabilities on whether the department should approve or deny the	113307
individual's application for the services, including on the basis	113308
of whether the individual needs the level of care an ~~intermediate~~	113309
~~care facility for the mentally retarded~~ICF/IID provides;	113310

(b) If the individual's application is denied because of the	113311
county board's recommendation and the individual ~~requests a~~	113312
~~hearing under~~appeals pursuant to section ~~5101.35~~5160.31 of the	113313
Revised Code, present, with the department of developmental	113314
disabilities or department of ~~job and family services~~medicaid,	113315
whichever denies the application, the reasons for the	113316
recommendation and denial at the hearing;	113317

(c) If the individual's application is approved, recommend to	113318
the departments of developmental disabilities and ~~job and family~~	113319
~~services~~medicaid the services that should be included in the	113320
individual's individualized service plan and, if either department	113321
approves, reduces, denies, or terminates a service included in the	113322
individual's individualized service plan under section ~~5111.871~~	113323
5166.20 of the Revised Code because of the county board's	113324
recommendation, present, with the department that made the	113325
approval, reduction, denial, or termination, the reasons for the	113326
recommendation and approval, reduction, denial, or termination at	113327
a hearing held pursuant to an appeal made under section ~~5101.35~~	113328
5160.31 of the Revised Code.	113329

(2) Perform any duties assigned to the county board in rules	113330
adopted under section 5126.046 of the Revised Code regarding the	113331
individual's right to choose a qualified and willing provider of	113332
the services and, at a hearing held pursuant to an appeal made	113333
under section ~~5101.35~~5160.31 of the Revised Code, present	113334
evidence of the process for appropriate assistance in choosing	113335
providers;	113336

(3) If the county board is certified under section 5123.161	113337
of the Revised Code to provide the services and agrees to provide	113338
the services to the individual and the individual chooses the	113339
county board to provide the services, furnish, in accordance with	113340
the county board's medicaid provider agreement and for the	113341
authorized reimbursement rate, the services the individual	113342
requires;	113343

(4) Monitor the services provided to the individual and	113344
ensure the individual's health, safety, and welfare. The	113345
monitoring shall include quality assurance activities. If the	113346
county board provides the services, the department of	113347
developmental disabilities shall also monitor the services.	113348

(5) Develop, with the individual and the provider of the	113349
individual's services, an effective individualized service plan	113350
that includes coordination of services, recommend that the	113351
departments of developmental disabilities and ~~job and family~~	113352
~~services~~medicaid approve the plan, and implement the plan unless	113353
either department disapproves it. The individualized service plan	113354
shall include a summary page, agreed to by the county board,	113355
provider, and individual receiving services, that clearly outlines	113356
the amount, duration, and scope of services to be provided under	113357
the plan.	113358

(6) Have an investigative agent conduct investigations under	113359
section 5126.313 of the Revised Code that concern the individual;	113360

(7) Have a service and support administrator perform the	113361
duties under division (B)(9) of section 5126.15 of the Revised	113362
Code that concern the individual.	113363

(B) A county board shall perform its medicaid local	113364
administrative authority under this section in accordance with all	113365
of the following:	113366

(1) The county board's plan that the department of	113367
developmental disabilities approves under section 5123.046 of the	113368
Revised Code;	113369

(2) All applicable federal and state laws;

113370

(3) All applicable policies of the departments of	113371
developmental disabilities and ~~job and family services~~medicaid	113372
and the United States department of health and human services;	113373

(4) The department of ~~job and family services'~~medicaid's	113374
supervision under its authority ~~under section 5111.01 of the~~	113375
~~Revised Code to act~~ as the single state medicaid agency;	113376

(5) The department of developmental disabilities' oversight.

113377

(C) The departments of developmental disabilities and ~~job and~~	113378
~~family services~~medicaid shall communicate with and provide	113379
training to county boards regarding medicaid local administrative	113380
authority granted by this section. The communication and training	113381
shall include issues regarding audit protocols and other standards	113382
established by the United States department of health and human	113383
services that the departments determine appropriate for	113384
communication and training. County boards shall participate in the	113385
training. The departments shall assess the county board's	113386
compliance against uniform standards that the departments shall	113387
establish.	113388

(D) A county board may not delegate its medicaid local	113389
administrative authority granted under this section but may	113390
contract with a person or government entity, including a council	113391
of governments, for assistance with its medicaid local	113392
administrative authority. A county board that enters into such a	113393
contract shall notify the director of developmental disabilities.	113394
The notice shall include the tasks and responsibilities that the	113395
contract gives to the person or government entity. The person or	113396
government entity shall comply in full with all requirements to	113397
which the county board is subject regarding the person or	113398
government entity's tasks and responsibilities under the contract.	113399
The county board remains ultimately responsible for the tasks and	113400
responsibilities.	113401

(E) A county board that has medicaid local administrative	113402
authority under this section shall, through the departments of	113403
developmental disabilities and ~~job and family services~~medicaid,	113404
reply to, and cooperate in arranging compliance with, a program or	113405
fiscal audit or program violation exception that a state or	113406
federal audit or review discovers. The department of ~~job and~~	113407
~~family services~~medicaid shall timely notify the department of	113408
developmental disabilities and the county board of any adverse	113409
findings. After receiving the notice, the county board, in	113410
conjunction with the department of developmental disabilities,	113411
shall cooperate fully with the department of ~~job and family~~	113412
~~services~~medicaid and timely prepare and send to the department a	113413
written plan of correction or response to the adverse findings.	113414
The county board is liable for any adverse findings that result	113415
from an action it takes or fails to take in its implementation of	113416
medicaid local administrative authority.	113417

(F) If the department of developmental disabilities or	113418
department of ~~job and family services~~medicaid determines that a	113419
county board's implementation of its medicaid local administrative	113420
authority under this section is deficient, the department that	113421
makes the determination shall require that county board do the	113422
following:	113423

(1) If the deficiency affects the health, safety, or welfare	113424
of an individual with mental retardation or other developmental	113425
disability, correct the deficiency within twenty-four hours;	113426

(2) If the deficiency does not affect the health, safety, or	113427
welfare of an individual with mental retardation or other	113428
developmental disability, receive technical assistance from the	113429
department or submit a plan of correction to the department that	113430
is acceptable to the department within sixty days and correct the	113431
deficiency within the time required by the plan of correction.	113432

Sec. 5126.131. (A)(1) Each regional council established	113433
under section 5126.13 of the Revised Code shall file with the	113434
department of developmental disabilities an annual cost report	113435
detailing the regional council's income and expenditures.	113436

(2) Each county board of developmental disabilities shall	113437
file with the department an annual cost report detailing the	113438
board's income and expenditures.	113439

(B)(1)(a) Unless the department establishes a later date for	113440
all regional council cost reports, each council shall file its	113441
cost report not later than the last day of April. At the written	113442
request of a regional council, the department may grant a	113443
fourteen-day extension for filing the cost report.	113444

(b) Unless the department establishes a later date for all	113445
county board cost reports, each board shall file its cost report	113446
not later than the last day of May. At the written request of a	113447
board, the department may grant a fourteen-day extension for	113448
filing the board's cost report.	113449

(2) The cost report shall contain information on the previous	113450
calendar year's income and expenditures. Once filed by a regional	113451
council or board, no changes may be made to the cost report,	113452
including the submission of additional documentation, except as	113453
otherwise provided in this section.	113454

(C) Each cost report filed under this section by a regional	113455
council or board shall be audited by the department or an entity	113456
designated by the department. The department or designated entity	113457
shall notify the regional council or board of the date on which	113458
the audit is to begin. The department may permit a regional	113459
council or board to submit changes to the cost report before the	113460
audit begins.	113461

If the department or designated entity determines that a	113462
filed cost report is not auditable, it shall provide written	113463
notification to the regional council or board of the cost report's	113464
deficiencies and may request additional documentation. If the	113465
department or designated entity requests additional documentation,	113466
the regional council or board shall be given sixty days after the	113467
request is made to provide the additional documentation. After	113468
sixty days, the department or designated entity shall determine	113469
whether the cost report is auditable with any additional	113470
documentation provided and shall notify the regional council or	113471
board of its determination. The determination of the department or	113472
designated entity is final.	113473

(D) The department or designated entity shall certify its	113474
audit as complete and file a copy of the certified audit in the	113475
office of the clerk of the governing body, executive officer of	113476
the governing body, and chief fiscal officer of the audited	113477
regional council or board. Changes may not be made to a cost	113478
report once the department or designated entity files the	113479
certified audit. The cost report is not a public record under	113480
section 149.43 of the Revised Code until copies of the cost report	113481
are filed pursuant to this section.	113482

(E) The department may withhold any funds that it distributes	113483
to a regional council or board as subsidy payments if either of	113484
the following is the case:	113485

(1) The cost report is not timely filed by the regional	113486
council or board with the department in accordance with division	113487
(B) of this section.	113488

(2) The cost report is determined not auditable under	113489
division (C) of this section after the department or designated	113490
entity gives the regional council or board sixty days to provide	113491
additional documentation.	113492

(F) Cost reports shall be retained by regional councils and	113493
boards for seven years. The department shall provide annual	113494
training to regional council and board employees regarding cost	113495
reports required by this section.	113496

(G) The department, in accordance with Chapter 119. of the	113497
Revised Code, may adopt any rules necessary to implement this	113498
section.	113499

Sec. 5139.03. The department of youth services shall control	113500
and manage all state institutions or facilities established or	113501
created for the training or rehabilitation of delinquent children	113502
committed to the department, except where the control and	113503
management of an institution or facility is vested by law in	113504
another agency. The department shall employ, in addition to other	113505
personnel authorized under Chapter 5139. of the Revised Code,	113506
sufficient personnel to maintain food service and buildings and	113507
grounds operations.	113508

The department of youth services shall, insofar as	113509
practicable, purchase foods and other commodities incident to food	113510
service operations from the department of ~~mental health~~mental	113511
health and addiction services. The department of youth services	113512
may enter into agreements with the department of ~~mental health~~	113513
mental health and addiction services providing for assistance and	113514
consultation in the construction of, or major modifications to,	113515
capital facilities of the department of youth services.	113516

The directors of ~~mental health~~mental health and addiction	113517
services and of youth services shall enter into written agreements	113518
to implement this section. Such directors may, from time to time,	113519
amend any agreements entered into under this section for the	113520
purposes of making more efficient use of personnel, taking	113521
advantage of economies in quantity purchasing, or for any other	113522
purpose which is mutually advantageous to both the department of	113523
youth services and the department of ~~mental health~~mental health	113524
and addiction services.	113525

The department of youth services may transfer any of its	113526
excess or surplus supplies to a community corrections facility.	113527
These supplies shall remain the property of the department for a	113528
period of five years from the date of the transfer. After the	113529
five-year period, the supplies shall become the property of the	113530
facility.	113531

Sec. 5139.04. The department of youth services shall do all	113532
of the following:	113533

(A) Support service districts through a central	113534
administrative office that shall have as its administrative head a	113535
deputy director who shall be appointed by the director of the	113536
department. When a vacancy occurs in the office of that deputy	113537
director, an assistant deputy director shall act as that deputy	113538
director until the vacancy is filled. The position of deputy	113539
director and assistant deputy director described in this division	113540
shall be in the unclassified civil service of the state.	113541

(B) Receive custody of all children committed to it under	113542
Chapter 2152. of the Revised Code, cause a study to be made of	113543
those children, and issue any orders, as it considers best suited	113544
to the needs of any of those children and the interest of the	113545
public, for the treatment of each of those children;	113546

(C) Obtain personnel necessary for the performance of its	113547
duties;	113548

(D) Adopt rules that regulate its organization and operation,	113549
that implement sections 5139.34 and 5139.41 to 5139.43 of the	113550
Revised Code, and that pertain to the administration of other	113551
sections of this chapter;	113552

(E) Submit reports of its operations to the governor and the	113553
general assembly by the thirty-first day of January of each	113554
odd-numbered year;	113555

(F) Conduct a program of research in diagnosis, training, and	113556
treatment of delinquent children to evaluate the effectiveness of	113557
the department's services and to develop more adequate methods;	113558

(G) Develop a standard form for the disposition investigation	113559
report that a juvenile court is required pursuant to section	113560
2152.18 of the Revised Code to complete and provide to the	113561
department when the court commits a child to the legal custody of	113562
the department;	113563

(H) Provide the state public defender the reasonable access	113564
authorized under division (I) of section 120.06 of the Revised	113565
Code in order to fulfill the department's constitutional	113566
obligation to provide juveniles who have been committed to the	113567
department's care access to the courts.	113568

(I) Do all other acts necessary or desirable to carry out	113569
this chapter.	113570

Sec. 5139.08. The department of youth services may enter	113571
into an agreement with the director of rehabilitation and	113572
correction pursuant to which the department of youth services, in	113573
accordance with division (C)(2) of section 5139.06 and section	113574
5120.162 of the Revised Code, may transfer to a correctional	113575
medical center established by the department of rehabilitation and	113576
correction, children who are within its custody for diagnosis or	113577
treatment of an illness, physical condition, or other medical	113578
problem. The department of youth services may enter into any other	113579
agreements with the director of job and family services, the	113580
director of ~~mental health~~mental health and addiction services,	113581
the director of developmental disabilities, the director of	113582
rehabilitation and correction, with the courts having probation	113583
officers or other public officials, and with private agencies or	113584
institutions for separate care or special treatment of children	113585
subject to the control of the department of youth services. The	113586
department of youth services may, upon the request of a juvenile	113587
court not having a regular probation officer, provide probation	113588
services for such court.	113589

Upon request by the department of youth services, any public	113590
agency or group care facility established or administered by the	113591
state for the care and treatment of children and youth shall,	113592
consistent with its functions, accept and care for any child whose	113593
custody is vested in the department in the same manner as it would	113594
be required to do if custody had been vested by a court in such	113595
agency or group care facility. If the department has reasonable	113596
grounds to believe that any child or youth whose custody is vested	113597
in it is mentally ill or mentally retarded, the department may	113598
file an affidavit under section 5122.11 or 5123.76 of the Revised	113599
Code. The department's affidavit for admission of a child or youth	113600
to such institution shall be filed with the probate court of the	113601
county from which the child was committed to the department. Such	113602
court may request the probate court of the county in which the	113603
child is held to conduct the hearing on the application, in which	113604
case the court making such request shall bear the expenses of the	113605
proceeding. If the department files such an affidavit, the child	113606
or youth may be kept in such institution until a final decision on	113607
the affidavit is made by the appropriate court.	113608

Sec. 5139.34. (A) Funds may be appropriated to the	113609
department of youth services for the purpose of granting state	113610
subsidies to counties. A county or the juvenile court that serves	113611
a county shall use state subsidies granted to the county pursuant	113612
to this section only in accordance with divisions (B)(2)(a) and	113613
(3)(a) of section 5139.43 of the Revised Code and the rules	113614
pertaining to the state subsidy funds that the department adopts	113615
pursuant to division (D) of section 5139.04 of the Revised Code.	113616
The department shall not grant financial assistance pursuant to	113617
this section for the provision of care and services for children	113618
in a placement facility unless the facility has been certified,	113619
licensed, or approved by a state or national agency with	113620
certification, licensure, or approval authority, including, but	113621
not limited to, the department of job and family services,	113622
department of education, department of ~~mental health~~mental health	113623
and addiction services, department of developmental disabilities,	113624
or American correctional association. For the purposes of this	113625
section, placement facilities do not include a state institution	113626
or a county or district children's home.	113627

The department also shall not grant financial assistance	113628
pursuant to this section for the provision of care and services	113629
for children, including, but not limited to, care and services in	113630
a detention facility, in another facility, or in out-of-home	113631
placement, unless the minimum standards applicable to the care and	113632
services that the department prescribes in rules adopted pursuant	113633
to division (D) of section 5139.04 of the Revised Code have been	113634
satisfied.	113635

(B) The department of youth services shall apply the	113636
following formula to determine the amount of the annual grant that	113637
each county is to receive pursuant to division (A) of this	113638
section, subject to the appropriation for this purpose to the	113639
department made by the general assembly:	113640

(1) Each county shall receive a basic annual grant of fifty	113641
thousand dollars.	113642

(2) The sum of the basic annual grants provided under	113643
division (B)(1) of this section shall be subtracted from the total	113644
amount of funds appropriated to the department of youth services	113645
for the purpose of making grants pursuant to division (A) of this	113646
section to determine the remaining portion of the funds	113647
appropriated. The remaining portion of the funds appropriated	113648
shall be distributed on a per capita basis to each county that has	113649
a population of more than twenty-five thousand for that portion of	113650
the population of the county that exceeds twenty-five thousand.	113651

(C)(1) Prior to a county's receipt of an annual grant	113652
pursuant to this section, the juvenile court that serves the	113653
county shall prepare, submit, and file in accordance with division	113654
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant	113655
agreement and application for funding that is for the combined	113656
purposes of, and that satisfies the requirements of, this section	113657
and section 5139.43 of the Revised Code. In addition to the	113658
subject matters described in division (B)(3)(a) of section 5139.43	113659
of the Revised Code or in the rules that the department adopts to	113660
implement that division, the annual grant agreement and	113661
application for funding shall address fiscal accountability and	113662
performance matters pertaining to the programs, care, and services	113663
that are specified in the agreement and application and for which	113664
state subsidy funds granted pursuant to this section will be used.	113665

(2) The county treasurer of each county that receives an	113666
annual grant pursuant to this section shall deposit the state	113667
subsidy funds so received into the county's felony delinquent care	113668
and custody fund created pursuant to division (B)(1) of section	113669
5139.43 of the Revised Code. Subject to exceptions prescribed in	113670
section 5139.43 of the Revised Code that may apply to the	113671
disbursement, the department shall disburse the state subsidy	113672
funds to which a county is entitled in a lump sum payment that	113673
shall be made in July of each calendar year.	113674

(3) Upon an order of the juvenile court that serves a county	113675
and subject to appropriation by the board of county commissioners	113676
of that county, a county treasurer shall disburse from the	113677
county's felony delinquent care and custody fund the state subsidy	113678
funds granted to the county pursuant to this section for use only	113679
in accordance with this section, the applicable provisions of	113680
section 5139.43 of the Revised Code, and the county's approved	113681
annual grant agreement and application for funding.	113682

(4) The moneys in a county's felony delinquent care and	113683
custody fund that represent state subsidy funds granted pursuant	113684
to this section are subject to appropriation by the board of	113685
county commissioners of the county; shall be disbursed by the	113686
county treasurer as required by division (C)(3) of this section;	113687
shall be used in the manners referred to in division (C)(3) of	113688
this section; shall not revert to the county general fund at the	113689
end of any fiscal year; shall carry over in the felony delinquent	113690
care and custody fund from the end of any fiscal year to the next	113691
fiscal year; shall be in addition to, and shall not be used to	113692
reduce, any usual annual increase in county funding that the	113693
juvenile court is eligible to receive or the current level of	113694
county funding of the juvenile court and of any programs, care, or	113695
services for alleged or adjudicated delinquent children, unruly	113696
children, or juvenile traffic offenders or for children who are at	113697
risk of becoming delinquent children, unruly children, or juvenile	113698
traffic offenders; and shall not be used to pay for the care and	113699
custody of felony ~~deliquents~~delinquents who are in the care and	113700
custody of an institution pursuant to a commitment, recommitment,	113701
or revocation of a release on parole by the juvenile court of that	113702
county or who are in the care and custody of a community	113703
corrections facility pursuant to a placement by the department	113704
with the consent of the juvenile court as described in division	113705
(E) of section 5139.36 of the Revised Code.	113706

(5) As a condition of the continued receipt of state subsidy	113707
funds pursuant to this section, each county and the juvenile court	113708
that serves each county that receives an annual grant pursuant to	113709
this section shall comply with divisions (B)(3)(b), (c), and (d)	113710
of section 5139.43 of the Revised Code.	113711

Sec. 5145.162. (A) There is hereby created the office of	113712
enterprise development advisory ~~council of directors for prison~~	113713
~~labor consisting~~board to advise and assist the department of	113714
rehabilitation and correction with the creation of training	113715
programs and jobs for inmates and releasees through partnerships	113716
with private sector businesses. The board shall consist of at	113717
least five appointed members and the executive director of the	113718
office of the correctional institution inspection committee, who	113719
shall serve as an ex officio member. Each member shall have	113720
experience in labor relations, marketing, business management, or	113721
business. The members and chairperson shall be appointed by the	113722
~~governor~~director of the department of rehabilitation and	113723
correction. ~~Within thirty days after April 9, 1981, the governor~~	113724
~~shall make the initial appointments to the council of directors.~~	113725
~~Of the initial appointments made to the council of directors, two~~	113726
~~shall be for a term ending one year after April 9, 1981, two shall~~	113727
~~be for a term ending two years after that date, and one shall be~~	113728
~~for a term ending three years after that date. After the~~	113729
~~expiration of the initial terms, the terms of office for the~~	113730
~~members shall be for three years, each term ending on the same day~~	113731
~~of the same month of the year as did the term that it succeeds.~~	113732
~~Each member shall hold office from the date of appointment until~~	113733
~~the end of the term for which the member was appointed. Any~~	113734
~~vacancy on the advisory council shall be filled by the governor.~~	113735
~~Any member appointed to fill a vacancy occurring prior to the~~	113736
~~expiration of the term for which the member's predecessor was~~	113737
~~appointed shall hold office for the remainder of the predecessor's~~	113738
~~term. Any member shall continue in office subsequent to the~~	113739
~~expiration date of the member's term until a successor takes~~	113740
~~office, or until a period of sixty days has elapsed, whichever~~	113741
~~occurs first.~~	113742

(B) Each member of the advisory ~~council, while engaged in the~~	113743
~~performance of the business of the advisory council,~~board shall	113744
receive no compensation but may be reimbursed for expenses	113745
actually and necessarily incurred in the performance of official	113746
duties of the board. Members of the board who are state employees	113747
shall be reimbursed for expenses pursuant to travel rules	113748
promulgated by the office of budget and management.	113749

(C) The advisory ~~council~~board shall adopt procedures for the	113750
conduct of the board's meetings. The board shall meet ~~within two~~	113751
~~weeks after the initial members have been appointed at a time and~~	113752
~~place determined by the governor. At its first meeting, the~~	113753
~~advisory council shall elect a chairperson and shall adopt rules~~	113754
~~for its procedures. The advisory council shall elect a new~~	113755
~~chairperson annually at its January meeting. The advisory council~~	113756
~~shall meet at least once every January and~~ at least once every ~~two~~	113757
~~months thereafter~~quarter, and otherwise shall meet at the call of	113758
the chairperson or ~~upon~~ the ~~written request of at least a quorum~~	113759
~~of the members. Three~~director of the department of rehabilitation	113760
and correction. Sixty per cent of the members ~~constitutes~~shall	113761
constitute a quorum~~, and no action~~. No transaction of the board's	113762
business shall be taken without the concurrence of a quorum of the	113763
members. The board may have committees with persons who are not	113764
members of the board but whose experience and expertise is	113765
relevant and useful to the work of the committee.	113766

(D) The advisory ~~council~~board shall ~~advise and assist the~~	113767
~~department of rehabilitation and correction when the department~~	113768
~~adopts rules pursuant to division (B) of section 5145.03 of the~~	113769
~~Revised Code, establishes prices for goods, products, services, or~~	113770
~~labor produced or supplied by prisoners, and otherwise establishes~~	113771
~~and administers the program for employment of prisoners~~	113772
~~established by the department pursuant to division (A) of section~~	113773
~~5145.16 of the Revised Code. The department shall consider the~~	113774
~~advice and assistance of the advisory council that is provided~~	113775
~~pursuant to this section, and shall cooperate with the advisory~~	113776
~~council. The advisory council may recommend~~have the following	113777
duties:	113778

(1) Solicit business proposals offering job training,	113779
apprenticeship, education programs, and employment opportunities	113780
for inmates and releasees;	113781

(2) Provide information and input to the office of enterprise	113782
development to support the job training and employment program of	113783
inmates and releasees and any additional, related duties as	113784
requested by the director of the department of rehabilitation and	113785
correction;	113786

(3) Recommend to the ~~general assembly~~office of enterprise	113787
development any ~~further~~ legislation, administrative rule, or	113788
department policy change that itthe board believes is necessary	113789
to implement the department's program ~~of employment of prisoners~~;	113790

(4) Promote public awareness of the office of enterprise	113791
development and the office's employment program;	113792

(5) Familiarize itself and the public with avenues to access	113793
the office of enterprise development on employment program	113794
concerns;	113795

(6) Advocate for the needs and concerns of the office of	113796
enterprise development in local communities, counties, and the	113797
state;	113798

(7) Play an active role in the office of enterprise	113799
development's efforts to reduce recidivism in the state by doing	113800
all of the following:	113801

(a) Providing input and making recommendations for the	113802
office's consideration in monitoring employment program compliance	113803
and effectiveness;	113804

(b) Making suggestions on the appropriate priorities for the	113805
office's grant award criteria;	113806

(c) Being a liaison between the office and constituents of	113807
the board's members;	113808

(d) Working to develop constituent groups interested in	113809
employment program issues;	113810

(8) Aid in the employment program development process by	113811
playing a leadership role in professional associations by	113812
discussing employment program issues.	113813

(E) The department of rehabilitation and correction shall	113814
initially screen each proposal obtained under division (D)(1) of	113815
this section to ensure that the proposal is a viable venture to	113816
pursue. If the department determines that a proposal is a viable	113817
venture to pursue, the department shall submit the proposal to the	113818
board for objective review against established guidelines. The	113819
board shall determine whether to recommend the implementation of	113820
the program to the department.	113821

Sec. 5145.18. Any printing or binding performed in a state	113822
correctional institution may be performed for the use of the	113823
institution, the departments of ~~mental health~~mental health and	113824
addiction services, developmental disabilities, and rehabilitation	113825
and correction, the department of public safety in connection with	113826
the registration of motor vehicles, and for any other purpose	113827
authorized by division (B) of section 5145.03 and by sections	113828
5145.16 and 5145.161 of the Revised Code.	113829

Sec. 5149.22. There is hereby established the Ohio council	113830
for interstate adult offender supervision pursuant to Article IV	113831
of the interstate compact for adult offender supervision. The	113832
council shall be comprised of ~~seven~~at least twelve members. One	113833
member shall be the compact administrator for this state for the	113834
interstate compact for adult offender supervision, or the	113835
administrator's designee. The speaker of the house of	113836
representatives shall appoint one member, shall be of the house of	113837
representatives. The president of the senate shall appoint one	113838
member, who shall be a member of the senate. The chief justice of	113839
the supreme court shall appoint ~~one member~~three members, ~~who~~two	113840
of whom shall be ~~a member~~members of the judiciary. The governor	113841
shall appoint ~~three~~five members, ~~one of whom shall be~~including a	113842
representative of a crime victim's organization, ~~and one of whom~~	113843
~~shall be from~~a member of the executive branch, a prosecuting	113844
attorney, a member of the state public defender's office, and a	113845
chief probation officer. The attorney general shall appoint one	113846
member, who shall be from the bureau of criminal identification	113847
and investigation. The director of rehabilitation and correction	113848
shall appoint as many additional members as the director considers	113849
necessary to fulfill the mission of the compact. The Ohio council	113850
for interstate adult offender supervision is not subject to	113851
section 101.84 of the Revised Code.	113852

Each appointee to the state council shall be appointed in	113853
consultation with the department of rehabilitation and correction	113854
and shall serve at the pleasure of the appointing authority. The	113855
members of the council shall serve without compensation, but each	113856
member shall be reimbursed for the member's actual and necessary	113857
expenses incurred in the performance of the member's official	113858
duties on the council.	113859

The compact administrator for this state for the interstate	113860
compact for adult offender supervision, or the administrator's	113861
designee, shall serve as commissioner of the state council and as	113862
this state's representative to the interstate commission	113863
established under Article III of that compact.	113864

Sec. 5153.16. (A) Except as provided in section 2151.422 of	113865
the Revised Code, in accordance with rules adopted under section	113866
5153.166 of the Revised Code, and on behalf of children in the	113867
county whom the public children services agency considers to be in	113868
need of public care or protective services, the public children	113869
services agency shall do all of the following:	113870

(1) Make an investigation concerning any child alleged to be	113871
an abused, neglected, or dependent child;	113872

(2) Enter into agreements with the parent, guardian, or other	113873
person having legal custody of any child, or with the department	113874
of job and family services, department of ~~mental health~~mental	113875
health and addiction services, department of developmental	113876
disabilities, other department, any certified organization within	113877
or outside the county, or any agency or institution outside the	113878
state, having legal custody of any child, with respect to the	113879
custody, care, or placement of any child, or with respect to any	113880
matter, in the interests of the child, provided the permanent	113881
custody of a child shall not be transferred by a parent to the	113882
public children services agency without the consent of the	113883
juvenile court;	113884

(3) Accept custody of children committed to the public	113885
children services agency by a court exercising juvenile	113886
jurisdiction;	113887

(4) Provide such care as the public children services agency	113888
considers to be in the best interests of any child adjudicated to	113889
be an abused, neglected, or dependent child the agency finds to be	113890
in need of public care or service;	113891

(5) Provide social services to any unmarried girl adjudicated	113892
to be an abused, neglected, or dependent child who is pregnant	113893
with or has been delivered of a child;	113894

(6) Make available to the bureau for children with medical	113895
handicaps of the department of health at its request any	113896
information concerning a crippled child found to be in need of	113897
treatment under sections 3701.021 to 3701.028 of the Revised Code	113898
who is receiving services from the public children services	113899
agency;	113900

(7) Provide temporary emergency care for any child considered	113901
by the public children services agency to be in need of such care,	113902
without agreement or commitment;	113903

(8) Find certified foster homes, within or outside the	113904
county, for the care of children, including handicapped children	113905
from other counties attending special schools in the county;	113906

(9) Subject to the approval of the board of county	113907
commissioners and the state department of job and family services,	113908
establish and operate a training school or enter into an agreement	113909
with any municipal corporation or other political subdivision of	113910
the county respecting the operation, acquisition, or maintenance	113911
of any children's home, training school, or other institution for	113912
the care of children maintained by such municipal corporation or	113913
political subdivision;	113914

(10) Acquire and operate a county children's home, establish,	113915
maintain, and operate a receiving home for the temporary care of	113916
children, or procure certified foster homes for this purpose;	113917

(11) Enter into an agreement with the trustees of any	113918
district children's home, respecting the operation of the district	113919
children's home in cooperation with the other county boards in the	113920
district;	113921

(12) Cooperate with, make its services available to, and act	113922
as the agent of persons, courts, the department of job and family	113923
services, the department of health, and other organizations within	113924
and outside the state, in matters relating to the welfare of	113925
children, except that the public children services agency shall	113926
not be required to provide supervision of or other services	113927
related to the exercise of parenting time rights granted pursuant	113928
to section 3109.051 or 3109.12 of the Revised Code or	113929
companionship or visitation rights granted pursuant to section	113930
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	113931
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	113932
a common pleas court, pursuant to division (E)(6) of section	113933
3113.31 of the Revised Code, requires the provision of supervision	113934
or other services related to the exercise of the parenting time	113935
rights or companionship or visitation rights;	113936

(13) Make investigations at the request of any superintendent	113937
of schools in the county or the principal of any school concerning	113938
the application of any child adjudicated to be an abused,	113939
neglected, or dependent child for release from school, where such	113940
service is not provided through a school attendance department;	113941

(14) Administer funds provided under Title IV-E of the	113942
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	113943
amended, in accordance with rules adopted under section 5101.141	113944
of the Revised Code;	113945

(15) In addition to administering Title IV-E adoption	113946
assistance funds, enter into agreements to make adoption	113947
assistance payments under section 5153.163 of the Revised Code;	113948

(16) Implement a system of safety and risk assessment, in	113949
accordance with rules adopted by the director of job and family	113950
services, to assist the public children services agency in	113951
determining the risk of abuse or neglect to a child;	113952

(17) Enter into a plan of cooperation with the board of	113953
county commissioners under section 307.983 of the Revised Code and	113954
comply with each fiscal agreement the board enters into under	113955
section 307.98 of the Revised Code that include family services	113956
duties of public children services agencies and contracts the	113957
board enters into under sections 307.981 and 307.982 of the	113958
Revised Code that affect the public children services agency;	113959

(18) Make reasonable efforts to prevent the removal of an	113960
alleged or adjudicated abused, neglected, or dependent child from	113961
the child's home, eliminate the continued removal of the child	113962
from the child's home, or make it possible for the child to return	113963
home safely, except that reasonable efforts of that nature are not	113964
required when a court has made a determination under division	113965
(A)(2) of section 2151.419 of the Revised Code;	113966

(19) Make reasonable efforts to place the child in a timely	113967
manner in accordance with the permanency plan approved under	113968
division (E) of section 2151.417 of the Revised Code and to	113969
complete whatever steps are necessary to finalize the permanent	113970
placement of the child;	113971

(20) Administer a Title IV-A program identified under	113972
division (A)(4)(c) or ~~(f)~~(g) of section 5101.80 of the Revised	113973
Code that the department of job and family services provides for	113974
the public children services agency to administer under the	113975
department's supervision pursuant to section 5101.801 of the	113976
Revised Code;	113977

(21) Administer the kinship permanency incentive program	113978
created under section 5101.802 of the Revised Code under the	113979
supervision of the director of job and family services;	113980

(22) Provide independent living services pursuant to sections	113981
2151.81 to 2151.84 of the Revised Code;	113982

(23) File a missing child report with a local law enforcement	113983
agency upon becoming aware that a child in the custody of the	113984
public children services agency is or may be missing.	113985

(B) The public children services agency shall use the system	113986
implemented pursuant to division (A)(16) of this section in	113987
connection with an investigation undertaken pursuant to division	113988
(F)(1) of section 2151.421 of the Revised Code to assess both of	113989
the following:	113990

(1) The ongoing safety of the child;

113991

(2) The appropriateness of the intensity and duration of the	113992
services provided to meet child and family needs throughout the	113993
duration of a case.	113994

(C) Except as provided in section 2151.422 of the Revised	113995
Code, in accordance with rules of the director of job and family	113996
services, and on behalf of children in the county whom the public	113997
children services agency considers to be in need of public care or	113998
protective services, the public children services agency may do	113999
the following:	114000

(1) Provide or find, with other child serving systems,	114001
specialized foster care for the care of children in a specialized	114002
foster home, as defined in section 5103.02 of the Revised Code,	114003
certified under section 5103.03 of the Revised Code;	114004

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	114005
this section, contract with the following for the purpose of	114006
assisting the agency with its duties:	114007

(i) County departments of job and family services;

114008

(ii) Boards of alcohol, drug addiction, and mental health	114009
services;	114010

(iii) County boards of developmental disabilities;

114011

(iv) Regional councils of political subdivisions established	114012
under Chapter 167. of the Revised Code;	114013

(v) Private and government providers of services;

114014

(vi) Managed care organizations and prepaid health plans.

114015

(b) A public children services agency contract under division	114016
(C)(2)(a) of this section regarding the agency's duties under	114017
section 2151.421 of the Revised Code may not provide for the	114018
entity under contract with the agency to perform any service not	114019
authorized by the department's rules.	114020

(c) Only a county children services board appointed under	114021
section 5153.03 of the Revised Code that is a public children	114022
services agency may contract under division (C)(2)(a) of this	114023
section. If an entity specified in division (B) or (C) of section	114024
5153.02 of the Revised Code is the public children services agency	114025
for a county, the board of county commissioners may enter into	114026
contracts pursuant to section 307.982 of the Revised Code	114027
regarding the agency's duties.	114028

Sec. 5160.01. As used in this chapter:

114029

(A) "Dual eligible individual" has the same meaning as in the	114030
"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.	114031
1396n(h)(2)(B). A dual eligible individual is a medicare-medicaid	114032
enrollee (MME).	114033

(B) "Exchange" has the same meaning as in 45 C.F.R. 155.20.

114034

(C) "Federal financial participation" means the federal	114035
government's share of expenditures made by an entity in	114036
implementing a medical assistance program.	114037

(D) "Medical assistance program" means all of the following:

114038

(1) The medicaid program;

114039

(2) The children's health insurance program;

114040

(3) The refugee medical assistance program;

114041

(4) Any other program that provides medical assistance and	114042
state statutes authorize the department of medicaid to administer.	114043

(E) "Medical assistance recipient" means a recipient of a	114044
medical assistance program. To the extent appropriate in the	114045
context, "medical assistance recipient" includes an individual	114046
applying for a medical assistance program, a former medical	114047
assistance recipient, or both.	114048

(F) "Medicaid managed care organization" has the same meaning	114049
as in section 5167.01 of the Revised Code.	114050

(G) "Refugee medical assistance program" means the program	114051
that the department of medicaid administers pursuant to section	114052
5160.50 of the Revised Code.	114053

Sec. 5160.011. References to the department or director of	114054
public welfare, department or director of human services,	114055
department or director of job and family services, office of	114056
medical assistance, or medical assistance director in any statute,	114057
rule, contract, grant, or other document is deemed to refer to the	114058
department of medicaid or medicaid director, as the case may be,	114059
to the extent the reference is about a duty or authority of the	114060
department of medicaid or medicaid director regarding a medical	114061
assistance program.	114062

Sec. 5160.02. The medicaid director shall adopt rules as	114063
necessary to implement this chapter.	114064

Sec. 5160.021. (A) When the medicaid director is authorized	114065
by a statute to adopt a rule, the director shall adopt the rule in	114066
accordance with the following:	114067

(1) Chapter 119. of the Revised Code if either of the	114068
following applies:	114069

(a) The statute authorizing the rule requires that the rule	114070
be adopted in accordance with Chapter 119. of the Revised Code.	114071

(b) Unless division (A)(2)(b) of this section applies, the	114072
statute authorizing the rule does not specify the procedure for	114073
the rule's adoption.	114074

(2) Section 111.15 of the Revised Code, excluding divisions	114075
(D) and (E) of that section, if either of the following applies:	114076

(a) The statute authorizing the rule requires that the rule	114077
be adopted in accordance with section 111.15 of the Revised Code	114078
and, by the terms of division (D) of that section, division (D) of	114079
that section does not apply to the rule.	114080

(b) The statute authorizing the rule does not specify the	114081
procedure for the rule's adoption and the rule concerns the	114082
day-to-day staff procedures and operations of the department of	114083
medicaid or financial and operational matters between the	114084
department and a person or government entity receiving a grant	114085
from the department.	114086

(3) Section 111.15 of the Revised Code, including divisions	114087
(D) and (E) of that section, if the statute authorizing the rule	114088
requires that the rule be adopted in accordance with that section	114089
and the rule is not exempt from the application of division (D) of	114090
that section.	114091

(B) Except as otherwise required by a statute, the adoption	114092
of a rule in accordance with Chapter 119. of the Revised Code does	114093
not make the department of medicaid subject to the notice,	114094
hearing, or other requirements of sections 119.06 to 119.13 of the	114095
Revised Code.	114096

Sec. 5160.03. The medicaid director is the executive head of	114097
the department of medicaid. All duties conferred on the department	114098
by law or order of the director are under the director's control	114099
and shall be performed in accordance with rules the director	114100
adopts.	114101

Sec. 5160.04. The medicaid director shall appoint one	114102
assistant director for the department of medicaid. The assistant	114103
director shall exercise powers, and perform duties, as ordered by	114104
the medicaid director. The assistant director shall act as the	114105
medicaid director in the medicaid director's absence or disability	114106
and when the position of medicaid director is vacant.	114107

Sec. 5160.05. The medicaid director may appoint such	114108
employees as are necessary for the efficient operation of the	114109
department of medicaid. The director may prescribe the title and	114110
duties of the employees.	114111

Sec. 5160.051. If the medicaid director determines that a	114112
position with the department of medicaid can best be filled in	114113
accordance with division (A)(2) of section 124.30 of the Revised	114114
Code or without regard to a residency requirement established by a	114115
rule adopted by the director of administrative services, the	114116
medicaid director shall provide the director of administrative	114117
services certification of the determination.	114118

Sec. 5160.052. The department of medicaid shall collaborate	114119
with the superintendent of the bureau of criminal identification	114120
and investigation to develop procedures and formats necessary to	114121
produce the notices described in division (C) of section 109.5721	114122
of the Revised Code in a format that is acceptable for use by the	114123
department. The medicaid director may adopt rules under section	114124
5160.02 of the Revised Code necessary for such collaboration. Any	114125
such rules shall be adopted in accordance with section 111.15 of	114126
the Revised Code as if they were internal management rules.	114127

The medicaid director may adopt rules under section 5160.02	114128
of the Revised Code necessary for utilizing the information	114129
received pursuant to section 109.5721 of the Revised Code. The	114130
rules shall be adopted in accordance with Chapter 119. of the	114131
Revised Code.	114132

Sec. 5160.06. The medicaid director may require any of the	114133
employees of the department of medicaid who may be charged with	114134
custody or control of any public money or property or who is	114135
required to give bond, to give a bond, properly conditioned, in a	114136
sum to be fixed by the director which when approved by the	114137
director, shall be filed in the office of the secretary of state.	114138
The cost of such bonds, when approved by the director, shall be	114139
paid from funds available for the department. The bonds required	114140
or authorized by this section may, in the discretion of the	114141
director, be individual, schedule, or blanket bonds.	114142

Sec. 5160.10. The medicaid director may expend funds	114143
appropriated or available to the department of medicaid from	114144
persons and government entities. For purposes of this section, the	114145
director may enter into contracts or agreements with persons and	114146
government entities and make grants to persons and government	114147
entities. To the extent permitted by federal law, the director may	114148
advance funds to a grantee when necessary for the grantee to	114149
perform duties under the grant as specified by the director.	114150

The director may adopt rules under section 5160.02 of the	114151
Revised Code as necessary to define terms and adopt procedures and	114152
other provisions necessary to implement this section.	114153

Sec. 5160.11. The state health care grants fund is hereby	114154
created in the state treasury. Money the department of medicaid	114155
receives from private foundations in support of pilot projects	114156
that promote exemplary programs that enhance programs the	114157
department administers shall be credited to the fund. The	114158
department may expend the money on such projects, may use the	114159
money, to the extent allowable, to match federal financial	114160
participation in support of such projects, and shall comply with	114161
requirements the foundations have stipulated in their agreements	114162
with the department as to the purposes for which the money may be	114163
expended.	114164

Sec. 5160.12. (A) As used in this section, "entity" includes	114165
an agency, board, commission, or department of the state or a	114166
political subdivision of the state; a private, nonprofit entity; a	114167
school district; a private school; or a public or private	114168
institution of higher education.	114169

(B) This section does not apply to contracts entered into	114170
under section 5162.32 or 5162.35 of the Revised Code.	114171

(C) At the request of any public entity having authority to	114172
implement a program administered by the department of medicaid or	114173
any private entity under contract with a public entity to	114174
implement a program administered by the department, the department	114175
may seek to obtain federal financial participation for costs	114176
incurred by the entity. Federal financial participation may be	114177
sought from programs operated pursuant to Title XIX of the "Social	114178
Security Act," 42 U.S.C. 1396, et seq., and any other statute or	114179
regulation under which federal financial participation may be	114180
available, except that federal financial participation may be	114181
sought only for expenditures made with funds for which federal	114182
financial participation is available under federal law.	114183

(D) All funds collected by the department pursuant to	114184
division (C) of this section shall be distributed to the entities	114185
that incurred the costs.	114186

(E) In distributing federal financial participation pursuant	114187
to this section, the department may either enter into an agreement	114188
with the entity that is to receive the funds or distribute the	114189
funds in accordance with rules authorized by division (H) of this	114190
section. If the department decides to enter into an agreement to	114191
distribute the funds, the agreement may include terms that do any	114192
of the following:	114193

(1) Provide for the whole or partial reimbursement of any	114194
cost incurred by the entity in implementing the program;	114195

(2) In the event that federal financial participation is	114196
disallowed or otherwise unavailable for any expenditure, require	114197
the department or the entity, whichever party caused the	114198
disallowance or unavailability of federal financial participation,	114199
to assume responsibility for the expenditures;	114200

(3) Require the entity to certify to the department the	114201
availability of sufficient unencumbered funds to match the federal	114202
financial participation the entity receives under this section;	114203

(4) Establish the length of the agreement, which may be for a	114204
fixed or a continuing period of time;	114205

(5) Establish any other requirements determined by the	114206
department to be necessary for the efficient administration of the	114207
agreement.	114208

(F) An entity that receives federal financial participation	114209
pursuant to this section for a program aiding children and their	114210
families shall establish a process for collaborative planning with	114211
the department for the use of the funds to improve and expand the	114212
program.	114213

(G) Federal financial participation received pursuant to this	114214
section shall not be included in any calculation made under	114215
section 5101.16 or 5101.161 of the Revised Code.	114216

(H) The medicaid director may adopt rules under section	114217
5160.02 of the Revised Code as necessary to implement this	114218
section, including rules for the distribution of federal financial	114219
participation pursuant to this section. The rules shall be adopted	114220
in accordance with Chapter 119. of the Revised Code.	114221

Sec. 5160.13. The department of medicaid may enter into	114222
contracts with private entities to maximize federal revenue	114223
without the expenditure of state money. In selecting private	114224
entities with which to contract, the department shall engage in a	114225
request for proposals process. The department, subject to the	114226
approval of the controlling board, may also directly enter into	114227
contracts with public entities providing revenue maximization	114228
services.	114229

Sec. 5160.16. The department of medicaid may appoint and	114230
commission any competent person to serve as a special agent,	114231
investigator, or representative to perform a designated duty for	114232
and on behalf of the department. Specific credentials shall be	114233
given by the department to each person so designated, and each	114234
credential shall state the following:	114235

(A) The person's name;

114236

(B) The agency with which the person is connected;

114237

114238

(D) The date the appointment expires, if appropriate;

114239

(E) Such information as the department considers proper.

114240

Sec. 5160.20. (A) The department of medicaid may conduct any	114241
audits or investigations that are necessary in the performance of	114242
the department's duties, and to that end, the department has the	114243
same power as a judge of a county court to administer oaths and to	114244
enforce the attendance and testimony of witnesses and the	114245
production of books or papers.	114246

The department shall keep a record of the department's audits	114247
and investigations stating the time, place, charges, or subject;	114248
witnesses summoned and examined; and the department's conclusions.	114249

Witnesses shall be paid the fees and mileage provided for	114250
under section 119.094 of the Revised Code.	114251

(B) Any judge of any division of the court of common pleas,	114252
on application of the department, may compel the attendance of	114253
witnesses, the production of books or papers, and the giving of	114254
testimony before the department, by a judgment for contempt or	114255
otherwise, in the same manner as in cases before those courts.	114256

(C) Until an audit report is formally released by the	114257
department, the audit report or any working paper or other	114258
document or record prepared by the department and related to the	114259
audit that is the subject of the audit report is not a public	114260
record under section 149.43 of the Revised Code.	114261

(D) The medicaid director may adopt rules under section	114262
5160.02 of the Revised Code as necessary to implement this	114263
section. The rules shall be adopted in accordance with section	114264
111.15 of the Revised Code as if they were internal management	114265
rules.	114266

Sec. 5160.21. On the request of the medicaid director, the	114267
auditor of state may conduct an audit of any medical assistance	114268
recipient. If the auditor decides to conduct an audit under this	114269
section, the auditor shall enter into an interagency agreement	114270
with the department of medicaid that specifies that the auditor	114271
agrees to comply with section 5160.45 of the Revised Code with	114272
respect to any information the auditor receives pursuant to the	114273
audit.	114274

Sec. 5160.22. (A) The auditor of state and attorney general,	114275
or their designees, may examine any records, whether in computer	114276
or printed format, in the possession of the medicaid director or	114277
any county director of job and family services, regarding medical	114278
assistance programs. The auditor of state and attorney general	114279
shall do both of the following regarding the records:	114280

(1) Provide safeguards that restrict access to the records to	114281
purposes directly connected with an audit or investigation,	114282
prosecution, or criminal or civil proceeding conducted in	114283
connection with the administration of the programs;	114284

(2) Comply, and ensure that their designees comply, with	114285
section 5160.45 of the Revised Code and rules of the medicaid	114286
director restricting the disclosure of information regarding	114287
medical assistance recipients.	114288

(B) Any person who fails to comply with the restriction	114289
specified in division (A) of this section is disqualified from	114290
acting as an agent or employee or in any other capacity under	114291
appointment or employment of any state board, commission, or	114292
agency.	114293

Sec. 5160.23. The auditor of state is responsible for the	114294
costs the auditor incurs in carrying out the auditor's duties	114295
under sections 5160.21 and 5160.22 of the Revised Code.	114296

Sec. 5160.30. (A) Except as provided in divisions (B) and	114297
(C) of this section, the department of medicaid may accept	114298
applications, determine eligibility, redetermine eligibility, and	114299
perform related administrative activities for medical assistance	114300
programs.	114301

(B) The department may enter into agreements with one or more	114302
agencies of the federal government, the state, other states, and	114303
local governments of this or other states to accept applications,	114304
determine eligibility, redetermine eligibility, and perform	114305
related administrative activities on behalf of the department with	114306
respect to medical assistance programs.	114307

(C) If federal law requires a face-to-face interview to	114308
complete an eligibility determination for a medical assistance	114309
program, the department shall not conduct the face-to-face	114310
interview.	114311

(D) Subject to division (C) of this section, if the	114312
department elects to accept applications, determine eligibility,	114313
redetermine eligibility, and perform related administrative	114314
activities for a medical assistance program, both of the following	114315
apply:	114316

(1) An individual may apply for the medical assistance	114317
program to the department or an agency authorized by an agreement	114318
entered into under division (B) of this section to accept the	114319
individual's application;	114320

(2) The department is subject to federal statutes and	114321
regulations and state statutes and rules that require, permit, or	114322
prohibit an action regarding accepting applications, determining	114323
or redetermining eligibility, and performing related	114324
administrative activities for the medical assistance program.	114325

Sec. 5160.31. (A) A medical assistance recipient may appeal	114326
a decision regarding the recipient's eligibility for a medical	114327
assistance program or services available to the recipient under a	114328
medical assistance program.	114329

(B) Regarding appeals authorized by this section, the	114330
department of medicaid shall do one or more of the following:	114331

(1) Administer an appeals process similar to the appeals	114332
process established under section 5101.35 of the Revised Code;	114333

(2) Contract with the department of job and family services	114334
pursuant to section 5162.35 of the Revised Code to provide for the	114335
department of job and family services to hear the appeals in	114336
accordance with section 5101.35 of the Revised Code;	114337

(3) Delegate authority to hear appeals to an exchange or	114338
exchange appeals entity.	114339

(C) If a medical assistance recipient files an appeal as	114340
authorized by this section, the department of medicaid may do	114341
either or both of the following:	114342

(1) Take corrective action regarding the matter being	114343
appealed before a hearing decision regarding the matter is issued;	114344

(2) If a hearing decision, administrative appeal decision, or	114345
court ruling is against the recipient, take action in favor of the	114346
recipient despite the contrary decision or ruling, unless, in the	114347
case of a court's ruling, the ruling prohibits the department from	114348
taking the action.	114349

~~Sec. 5101.571.~~ Sec. 5160.35. As used in sections ~~5101.571~~5160.35	114350
to ~~5101.591~~5160.43 of the Revised Code:	114351

(A) "Information" means all of the following:

114352

(1) An individual's name, address, date of birth, and social	114353
security number;	114354

(2) The group or plan number, or other identifier, assigned	114355
by a third party to a policy held by an individual or a plan in	114356
which the individual participates and the nature of the coverage;	114357

(3) Any other data the medicaid director ~~of job and family~~	114358
~~services~~ specifies in rules ~~adopted under~~authorized by section	114359
~~5101.591~~5160.43 of the Revised Code.	114360

(B) ~~"Medical assistance" means medical items or services~~	114361
~~provided under any of the following:~~	114362

~~(1) Medicaid, as defined in section 5111.01 of the Revised~~	114363
~~Code;~~	114364

~~(2) The children's health insurance program part I, part II,~~	114365
~~and part III established under sections 5101.50, 5101.51, and~~	114366
~~5101.52 of the Revised Code.~~	114367

~~(C)~~ "Medical support" means support specified as support for	114368
the purpose of medical care by order of a court or administrative	114369
agency.	114370

~~(D) "Public assistance" means medical assistance or~~	114371
~~assistance under the Ohio works first program established under~~	114372
~~Chapter 5107. of the Revised Code.~~	114373

~~(E)~~(C)(1) Subject to division ~~(E)~~(C)(2) of this section, and	114374
except as provided in division ~~(E)~~(C)(3) of this section, "third	114375
party" means all of the following:	114376

(a) A person authorized to engage in the business of sickness	114377
and accident insurance under Title XXXIX of the Revised Code;	114378

(b) A person or governmental entity providing coverage for	114379
medical services or items to individuals on a self-insurance	114380
basis;	114381

(c) A health insuring corporation as defined in section	114382
1751.01 of the Revised Code;	114383

(d) A group health plan as defined in 29 U.S.C. 1167;

114384

(e) A service benefit plan as referenced in 42 U.S.C.	114385
1396a(a)(25);	114386

(f) A managed care organization;

114387

(g) A pharmacy benefit manager;

114388

(h) A third party administrator;

114389

(i) Any other person or governmental entity that is, by law,	114390
contract, or agreement, responsible for the payment or processing	114391
of a claim for a medical item or service for a ~~public~~medical	114392
assistance recipient ~~or participant~~.	114393

(2) Except when otherwise provided by the "Social Security	114394
Act," section 1862(b), 42 U.S.C. 1395y(b), a person or	114395
governmental entity listed in division ~~(E)~~(C)(1) of this section	114396
is a third party even if the person or governmental entity limits	114397
or excludes payments for a medical item or service in the case of	114398
a public assistance recipient.	114399

(3) "Third party" does not include the program for medically	114400
handicapped children established under section 3701.023 of the	114401
Revised Code.	114402

~~Sec. 5101.58.~~ Sec. 5160.37. (A) ~~The acceptance of public~~A medical	114403
assistance recipient's enrollment in a medical assistance program	114404
gives an automatic right of recovery to the department of ~~job and~~	114405
~~family services~~medicaid and a county department of job and family	114406
services against the liability of a third party for the cost of	114407
medical assistance paid on behalf of the ~~public assistance~~	114408
recipient ~~or participant~~. When an action or claim is brought	114409
against a third party by a ~~public~~medical assistance recipient or	114410
~~participant~~, any payment, settlement or compromise of the action	114411
or claim, or any court award or judgment, is subject to the	114412
recovery right of the department of ~~job and family services~~	114413
medicaid or county department ~~of job and family services~~. Except	114414
in the case of a medical assistance recipient ~~or participant~~ who	114415
receives medical assistance through a medicaid managed care	114416
organization, the department's or county department's claim shall	114417
not exceed the amount of medical assistance paid by athe	114418
department or county department on behalf of the recipient or	114419
~~participant~~. A payment, settlement, compromise, judgment, or award	114420
that excludes the cost of medical assistance paid for by athe	114421
department or county department shall not preclude a department	114422
from enforcing its rights under this section.	114423

(B) In the case of a medical assistance recipient or	114424
~~participant~~ who receives medical assistance through a medicaid	114425
managed care organization, the amount of the department's or	114426
county department's claim shall be the amount the medicaid managed	114427
care organization pays for medical assistance rendered to the	114428
recipient ~~or participant~~, even if that amount is more than the	114429
amount athe department or county department pays to the medicaid	114430
managed care organization for the recipient's ~~or participant's~~	114431
medical assistance.	114432

(C) A medical assistance recipient ~~or participant~~, and the	114433
recipient's ~~or participant's~~ attorney, if any, shall cooperate	114434
with the departments. In furtherance of this requirement, the	114435
medical assistance recipient ~~or participant~~, or the recipient's or	114436
~~participant's~~ attorney, if any, shall, not later than thirty days	114437
after initiating informal recovery activity or filing a legal	114438
recovery action against a third party, provide written notice of	114439
the activity or action to the department of ~~job and family~~	114440
~~services when~~medicaid or county department if it has paid for	114441
medical assistance under ~~medicaid has been paid~~a medical	114442
assistance program.	114443

(D) The written notice that must be given under division (C)	114444
of this section shall disclose the identity and address of any	114445
third party against whom the medical assistance recipient or	114446
~~participant~~ has or may have a right of recovery.	114447

(E) No settlement, compromise, judgment, or award or any	114448
recovery in any action or claim by a medical assistance recipient	114449
~~or participant~~ where the ~~departments have~~department or county	114450
department has a right of recovery shall be made final without	114451
first giving the ~~appropriate departments~~department or county	114452
department written notice as described in division (C) of this	114453
section and a reasonable opportunity to perfect ~~their~~its rights	114454
of recovery. If the ~~departments are~~department or county	114455
department is not given the appropriate written notice, the	114456
medical assistance recipient ~~or participant~~ and, if there is one,	114457
the recipient's ~~or participant's~~ attorney, are liable to reimburse	114458
the ~~departments~~department or county department for the recovery	114459
received to the extent of medical assistance payments made by the	114460
~~departments~~department or county department.	114461

(F) The ~~departments~~department or county department shall be	114462
permitted to enforce ~~their~~its recovery rights against the third	114463
party even though ~~they~~it accepted prior payments in discharge of	114464
~~their~~its rights under this section if, at the time the	114465
~~departments~~department or county department received such	114466
payments, ~~they were~~it was not aware that additional medical	114467
expenses had been incurred but had not yet been paid by the	114468
~~departments~~department or county department. The third party	114469
becomes liable to the department ~~of job and family services~~ or	114470
county department ~~of job and family services~~ as soon as the third	114471
party is notified in writing of the valid claims for recovery	114472
under this section.	114473

(G)(1) Subject to division (G)(2) of this section, the right	114474
of recovery of athe department or county department does not	114475
apply to that portion of any judgment, award, settlement, or	114476
compromise of a claim, to the extent of attorneys' fees, costs, or	114477
other expenses incurred by a medical assistance recipient or	114478
~~participant~~ in securing the judgment, award, settlement, or	114479
compromise, or to the extent of medical, surgical, and hospital	114480
expenses paid by such recipient ~~or participant~~ from the	114481
recipient's ~~or participant's~~ own resources.	114482

(2) Reasonable attorneys' fees, not to exceed one-third of	114483
the total judgment, award, settlement, or compromise, plus costs	114484
and other expenses incurred by the medical assistance recipient or	114485
~~participant~~ in securing the judgment, award, settlement, or	114486
compromise, shall first be deducted from the total judgment,	114487
award, settlement, or compromise. After fees, costs, and other	114488
expenses are deducted from the total judgment, award, settlement,	114489
or compromise, the department of ~~job and family services~~medicaid	114490
or ~~appropriate~~ county department ~~of job and family services~~ shall	114491
receive no less than one-half of the remaining amount, or the	114492
actual amount of medical assistance paid, whichever is less.	114493

(H) A right of recovery created by this section may be	114494
enforced separately or jointly by the department of ~~job and family~~	114495
~~services~~medicaid or ~~the appropriate~~ county department ~~of job and~~	114496
~~family services~~. To enforce ~~their~~its recovery rights, the	114497
~~departments~~department or county department may do any of the	114498
following:	114499

(1) Intervene or join in any action or proceeding brought by	114500
the medical assistance recipient ~~or participant~~ or on the	114501
recipient's ~~or participant's~~ behalf against any third party who	114502
may be liable for the cost of medical assistance paid;	114503

(2) Institute and pursue legal proceedings against any third	114504
party who may be liable for the cost of medical assistance paid;	114505

(3) Initiate legal proceedings in conjunction with any	114506
injured, diseased, or disabled medical assistance recipient or	114507
~~participant~~ or the recipient's ~~or participant's~~ attorney or	114508
representative.	114509

(I) A medical assistance recipient ~~or participant~~ shall not	114510
assess attorney fees, costs, or other expenses against the	114511
department of ~~job and family services~~medicaid or a county	114512
department ~~of job and family services~~ when the department or	114513
county department enforces its right of recovery created by this	114514
section.	114515

(J) The right of recovery given to the department under this	114516
section ~~does not include rights to support from any other person~~	114517
~~assigned to the state under sections 5107.20 and 5115.07 of the~~	114518
~~Revised Code, but~~ includes payments made by a third party under	114519
contract with a person having a duty to support.	114520

(K) The department of medicaid may assign to a medical	114521
assistance provider the right of recovery given to the department	114522
under this section with respect to any claim for which the	114523
department has notified the provider that the department intends	114524
to recoup the department's prior payment for the claim.	114525

Sec. 5160.371. In addition to the requirement of division	114526
(C) of section 5160.37 of the Revised Code to cooperate with the	114527
department of medicaid and county department of job and family	114528
services, a medical assistance recipient and the recipient's	114529
attorney, if any, shall cooperate with each medical provider of	114530
the recipient. Cooperation with a medical provider shall consist	114531
of disclosing to the provider all information the recipient and	114532
attorney, if any, possess that would assist the provider in	114533
determining each third party that is responsible for the payment	114534
or processing of a claim for medical assistance provided to the	114535
recipient. If disclosure is not made in accordance with this	114536
section, the recipient and the recipient's attorney, if any, are	114537
liable to reimburse the department or county department for the	114538
amount that would have been paid by a third party had the third	114539
party been disclosed to the provider by the recipient or the	114540
recipient's attorney.	114541

~~Sec. 5101.59.~~ Sec. 5160.38. (A) The application for, or ~~acceptance~~	114542
ofenrollment in, ~~public~~a medical assistance program constitutes	114543
an automatic assignment of ~~certain~~ rights specified in division	114544
(B) of this section to the department of ~~job and family services~~	114545
medicaid. This assignment includes the rights of the ~~applicant,~~	114546
medical assistance recipient~~, or participant~~ and also the rights	114547
of any other member of the assistance group for whom the	114548
~~applicant,~~ recipient~~, or participant~~ can legally make an	114549
assignment.	114550

(B) Pursuant to this section, ~~the applicant,~~a medical	114551
assistance recipient~~, or participant~~ assigns to the department any	114552
rights to medical support available to the ~~applicant,~~ recipient,	114553
~~or participant~~ or ~~for~~ other members of the recipient's assistance	114554
group under an order of a court or administrative agency, and any	114555
rights to payments by a liable third party for the cost of medical	114556
assistance paid on behalf of ~~a public assistance~~the recipient or	114557
~~participant~~or other members of the assistance group. The	114558
recipient ~~or participant~~ shall cooperate with the department in	114559
obtaining such payments.	114560

Medicare benefits shall not be assigned pursuant to this	114561
section. Benefits assigned to the department by operation of this	114562
section are directly reimbursable to the department by liable	114563
third parties.	114564

(C) Refusal by ~~the applicant,~~a medical assistance recipient,	114565
~~or participant~~ to cooperate in obtaining medical assistance paid	114566
for self or any other member of the recipient's assistance group	114567
renders the ~~applicant,~~ recipient~~, or participant~~ ineligible for	114568
~~public~~a medical assistance program, unless cooperation is waived	114569
by the department. Eligibility shall continue for any individual	114570
who cannot legally assign the individual's own rights and who	114571
would have been eligible for ~~public~~a medical assistance program	114572
but for the refusal to assign the individual's rights or to	114573
cooperate as required by this section by another person legally	114574
able to assign the individual's rights.	114575

(D) If ~~the applicant,~~a medical assistance recipient~~, or~~	114576
~~participant~~ or any member of the recipient's assistance group	114577
becomes ineligible for ~~public~~a medical assistance program, the	114578
department shall restore to the ~~applicant,~~ recipient~~, participant,~~	114579
or ~~member of the~~ assistance group member any future rights to	114580
benefits assigned under this section.	114581

~~(E) The rights of assignment given to the department under~~	114582
~~this section do not include rights to support assigned under~~	114583
~~section 5107.20 or 5115.07 of the Revised Code.~~	114584

~~Sec. 5101.572.~~ Sec. 5160.39. (A) A third party shall cooperate	114585
with the department of ~~job and family services~~medicaid in	114586
identifying individuals for the purpose of establishing third	114587
party liability ~~pursuant to Title XIX of the Social Security Act,~~	114588
~~as amended~~regarding medical assistance programs.	114589

(B) In furtherance of the requirement in division (A) of this	114590
section and to allow the department to determine any period that	114591
the individual or the individual's spouse or dependent may have	114592
been covered by the third party and the nature of the coverage, a	114593
third party shall provide, as the department so chooses,	114594
information or access to information, or both, in the third	114595
party's electronic data system on the department's request and in	114596
accordance with division (C) of this section.	114597

(C)(1) If the department chooses to receive information	114598
directly, the third party shall provide the information under all	114599
of the following circumstances:	114600

(a) In a medium, format, and manner prescribed ~~by the~~	114601
~~director of job and family services~~ in rules ~~adopted under~~	114602
authorized by section ~~5101.591~~5160.43 of the Revised Code;	114603

(b) Free of charge;

114604

(c) Not later than the end of the thirtieth day after the	114605
department makes its request, unless a different time is agreed to	114606
by the director in writing.	114607

(2) If the department chooses to receive access to	114608
information, the third party shall provide access by a method	114609
prescribed ~~by the director of job and family services~~ in rules	114610
~~adopted under~~authorized by section ~~5101.591~~5160.43 of the	114611
Revised Code. In facilitating access, the department may enter	114612
into a trading partner agreement with the third party to permit	114613
the exchange of information via "ASC X 12N 270/271 Health Care	114614
Eligibility Benefit Inquiry and Response" transactions.	114615

(D) All of the following apply with respect to information	114616
provided by a third party to the department under this section:	114617

(1) The information is confidential and not a public record	114618
under section 149.43 of the Revised Code.	114619

(2) The release of information to the department is not to be	114620
considered a violation of any right of confidentiality or contract	114621
that the third party may have with covered persons including, but	114622
not limited to, contractees, beneficiaries, heirs, assignees, and	114623
subscribers.	114624

(3) The third party is immune from any liability that it may	114625
otherwise incur through its release of information to the	114626
department.	114627

The department ~~of job and family services~~ shall limit its use	114628
of information gained from third parties to purposes directly	114629
connected with the administration of the medicaid program and the	114630
child support program authorized by Title IV-D of the "Social	114631
Security Act.," 42 U.S.C. 651 et seq.	114632

(E) No third party shall disclose to other parties or make	114633
use of any information regarding medical assistance recipients of	114634
~~aid under Chapter 5107. or 5111. of the Revised Code~~ that it	114635
obtains from the department, except in the manner provided ~~for by~~	114636
~~the director of job and family services~~ in ~~administrative~~ rules	114637
authorized by section 5160.43 of the Revised Code.	114638

~~Sec. 5101.573.~~ Sec. 5160.40. (A) Subject to divisions (B) and (C)	114639
of this section, a third party shall do all of the following:	114640

(1) Accept the department of ~~job and family services'~~	114641
medicaid's right of recovery under section ~~5101.58~~5160.37 of the	114642
Revised Code and the assignment of rights to the department that	114643
are described in section ~~5101.59~~5160.38 of the Revised Code;	114644

(2) Respond to an inquiry by the department regarding a claim	114645
for payment of a medical item or service that was submitted to the	114646
third party not later than six years after the date of the	114647
provision of such medical item or service;	114648

(3) Not charge a fee to do either of the following for a	114649
claim described in division (A)(2) of this section:	114650

(a) Determine whether the claim should be paid;

114651

(b) Process the claim.

114652

(4) Pay a claim described in division (A)(2) of this section;

114653

(5) Not deny a claim submitted by the department solely on	114654
the basis of the date of submission of the claim, type or format	114655
of the claim form, or a failure by the medical assistance	114656
recipient who is the subject of the claim to present proper	114657
documentation of coverage at the time of service, if both of the	114658
following ~~are true~~have occurred:	114659

(a) The claim was submitted by the department not later than	114660
six years after the date of the provision of the medical item or	114661
service.	114662

(b) An action by the department to enforce its right of	114663
recovery under section ~~5101.58~~5160.37 of the Revised Code on the	114664
claim was commenced not later than six years after the	114665
department's submission of the claim.	114666

(6) Consider the department's payment of a claim for a	114667
medical item or service to be the equivalent of the medical	114668
assistance recipient having obtained prior authorization for the	114669
item or service from the third party;	114670

(7) Not deny a claim described in division (A)(6) of this	114671
section that is submitted by the department solely on the basis of	114672
the medical assistance recipient's failure to obtain prior	114673
authorization for the medical item or service.	114674

(B) For purposes of the requirements in division (A) of this	114675
section, a third party shall treat a medicaid managed care	114676
organization as the department for a claim ~~in which both of the~~	114677
~~following are true:~~	114678

~~(1) The~~if the individual who is the subject of the claim	114679
received a medical item or service through a medicaid managed care	114680
organization ~~that has entered into a contract with the department~~	114681
~~of job and family services under section 5111.17 of the Revised~~	114682
~~Code;~~	114683

~~(2) The~~and the department has assigned its right of recovery	114684
for the claim to the medicaid managed care organization.	114685

(C) If the department of medicaid, as permitted by division	114686
(K) of section 5160.37 of the Revised Code, assigns to a medical	114687
assistance provider the department's right of recovery for a claim	114688
for which it has notified the provider that it intends to recoup	114689
its prior payment for a claim, a third party shall treat the	114690
provider as the department and shall pay the provider the greater	114691
of the following:	114692

(1) The amount the department intends to recoup from the	114693
provider for the claim.	114694

(2) If the third party and the provider have an agreement	114695
that requires the third party to pay the provider at the time the	114696
provider presents the claim to the third party, the amount that is	114697
to be paid under that agreement.	114698

(D) The time limitations associated with the requirements in	114699
divisions (A)(2) and (5) of this section apply only to submissions	114700
of claims to, and payments of claims by, a health insurer to which	114701
the "Social Security Act," section 1902(a)(25)(I), 42 U.S.C.	114702
1396a(a)(25)(I), applies.	114703

~~Sec. 5101.574.~~ Sec. 5160.41. No third party shall consider whether	114704
an individual is eligible for or ~~receives~~enrolled in a medical	114705
assistance program when either of the following applies:	114706

(A) The individual seeks to obtain a policy or enroll in a	114707
plan or program operated or administered by the third party;	114708

(B) The individual, or a person or governmental entity on the	114709
individual's behalf, seeks payment for a medical item or service	114710
provided to the individual.	114711

~~Sec. 5101.575.~~ Sec. 5160.42. (A) If a third party violates section	114712
~~5101.572~~5160.39, ~~5101.573~~5160.40, or ~~5101.574~~5160.41 of the	114713
Revised Code, a governmental entity that is responsible for	114714
issuing a license, certificate of authority, registration, or	114715
approval that authorizes the third party to do business in this	114716
state may impose a fine against the third party or deny, revoke,	114717
or terminate the third party's license, certificate, registration,	114718
or approval to do business in this state. The governmental entity	114719
shall determine which sanction is to be imposed. All actions to	114720
impose the sanction shall be taken in accordance with Chapter 119.	114721
of the Revised Code.	114722

(B) In addition to the sanctions that may be imposed under	114723
division (A) of this section for a violation of section ~~5101.572~~	114724
5160.39, ~~5101.573~~5160.40, or ~~5101.574~~5160.41 of the Revised	114725
Code, the attorney general may petition a court of common pleas to	114726
enjoin the violation.	114727

~~Sec. 5101.591.~~ Sec. 5160.43. (A) ~~Except as provided in division (B)~~	114728
~~of this section, the~~The medicaid director ~~of job and family~~	114729
~~services~~ may adopt rules ~~in accordance with Chapter 119.~~under	114730
section 5160.02 of the Revised Code to implement sections ~~5101.571~~	114731
5160.35 to ~~5101.59~~5160.43 of the Revised Code, including rules	114732
that specify what constitutes cooperating with efforts to obtain	114733
support or payments, or medical assistance payments, and when	114734
cooperation may be waived.	114735

(B) The department shall adopt rules ~~in accordance with~~	114736
~~Chapter 119.~~under section 5160.02 of the Revised Code to do all	114737
of the following:	114738

(1) For purposes of the definition of "information" in	114739
division (A) of section ~~5101.571~~5160.35 of the Revised Code, any	114740
data other than the data specified in that division that should be	114741
included in the definition.	114742

(2) For purposes of division (C)(1)(a) of section ~~5101.572~~	114743
5160.39 of the Revised Code, the medium, format, and manner in	114744
which a third party must provide information to the department.	114745

(3) For purposes of division (C)(2) of section ~~5101.572~~	114746
5160.39 of the Revised Code, the method by which a third party	114747
must provide the department with access to information.	114748

(C) Rules authorized by division (A) of this section may be	114749
adopted in accordance with section 111.15 of the Revised Code.	114750
Rules authorized by division (B) of this section shall be adopted	114751
in accordance with Chapter 119. of the Revised Code.	114752

~~Sec. 5101.271.~~ Sec. 5160.45. (A) As used in sections 5160.45 to	114753
5160.481 of the Revised Code, "information" means all of the	114754
following:	114755

(1) Records, as defined in section 149.011 of the Revised	114756
Code;	114757

(2) Any other documents in any format;

114758

(3) Data derived from records and documents that are	114759
generated, acquired, or maintained by the department of medicaid,	114760
a county department of job and family services, or an entity	114761
performing duties on behalf of the department or a county	114762
department.	114763

(B) Except as permitted by this section, section ~~5101.273~~	114764
5160.47, or rules ~~adopted under~~authorized by section ~~5101.30~~	114765
5160.48 or 5160.481 of the Revised Code, or when required by	114766
federal law, no person or government entity shall use or disclose	114767
information regarding a medical assistance recipient for any	114768
purpose not directly connected with the administration of ~~the~~a	114769
medical assistance program.	114770

~~(B)~~(C) Both of the following shall be considered to be	114771
purposes directly connected with the administration of ~~the~~a	114772
medical assistance program:	114773

(1) Treatment, payment, or other operations or activities	114774
authorized by 42 C.F.R. Chapter IV;	114775

(2) Any administrative function or duty the department of ~~job~~	114776
~~and family services~~medicaid performs alone or jointly with a	114777
federal government entity, another state government entity, or a	114778
local government entity implementing a provision of federal law.	114779

~~(C)~~(D) The department or a county ~~agency~~department of job	114780
and family services may disclose information regarding a medical	114781
assistance recipient to any of the following:	114782

(1) The recipient or the recipient's authorized	114783
representative;	114784

(2) The recipient's legal guardian in accordance with	114785
division (C) of section 2111.13 of the Revised Code;	114786

(3) The attorney of the recipient, if the department or	114787
county ~~agency~~department has obtained authorization from the	114788
recipient,or the recipient's authorized representative, or ~~the~~	114789
~~recipient's~~ legal guardian that meets all requirements of the	114790
Health Insurance Portability and Accountability Act of 1996, ~~Pub.~~	114791
~~L. 104-191, 110 Stat. 1955,~~ 42 U.S.C. 1320d et seq., ~~as amended,~~	114792
regulations promulgated by the United States department of health	114793
and human services to implement the act, section ~~5101.272~~5160.46	114794
of the Revised Code, and any rules ~~the director of job and family~~	114795
~~services adopts under~~authorized by section ~~5101.30~~5160.48 of the	114796
Revised Code;	114797

(4) A health information or health records management entity	114798
that has executed with the department a business associate	114799
agreement required by 45 C.F.R 164.502(e)(2) and has been	114800
authorized by the recipient,or the recipient's authorized	114801
representative, or ~~the recipient's~~ legal guardian to receive the	114802
recipient's electronic health records in accordance with rules ~~the~~	114803
~~director of job and family services adopts under~~authorized by	114804
section ~~5101.30~~5160.48 of the Revised Code;	114805

(5) A court if pursuant to a written order of the court.

114806

~~(D)~~(E) The department may receive from county departments of	114807
job and family services information regarding any medical	114808
assistance recipient for purposes of training and verifying the	114809
accuracy of eligibility determinations for a medical assistance	114810
program. The department may assemble information received under	114811
this division into a report if the report is in a form specified	114812
by the department. Information received and assembled into a	114813
report under this division shall remain confidential and not be	114814
subject to disclosure pursuant to section 149.43 or 1347.08 of the	114815
Revised Code.	114816

~~(E)~~(F) The department shall notify courts in this state	114817
regarding its authority, under division ~~(C)~~(D)(5) of this section,	114818
to disclose information regarding a medical assistance recipient	114819
pursuant to a written court order.	114820

Sec. 5160.46. (A) For the purposes of section 5160.45 of the	114821
Revised Code, an authorization shall be made on a form that uses	114822
language understandable to the average person and contains all of	114823
the following:	114824

(1) A description of the information to be used or disclosed	114825
that identifies the information in a specific and meaningful	114826
fashion;	114827

(2) The name or other specific identification of the person	114828
or class of persons authorized to make the requested use or	114829
disclosure;	114830

(3) The name or other specific identification of the person	114831
or government entity to which the information may be released;	114832

(4) A description of each purpose of the requested use or	114833
disclosure of the information;	114834

(5) The date on which the authorization expires or an event	114835
related either to the individual who is the subject of the request	114836
or to the purposes of the requested use or disclosure, the	114837
occurrence of which will cause the authorization to expire;	114838

(6) A statement that the information used or disclosed	114839
pursuant to the authorization may be disclosed by the recipient of	114840
the information and may no longer be protected from disclosure;	114841

(7) The signature of the individual or the individual's	114842
authorized representative and the date on which the authorization	114843
was signed;	114844

(8) If signed by an authorized representative, a description	114845
of the representative's authority to act for the individual;	114846

(9) A statement of the individual or authorized	114847
representative's right to prospectively revoke the written	114848
authorization in writing, along with either of the following:	114849

(a) A description of how the individual or authorized	114850
representative may revoke the authorization;	114851

(b) If the department of medicaid has established a privacy	114852
notice that contains a description of how the individual or	114853
authorized representative may revoke the authorization, a	114854
reference to the privacy notice.	114855

(10) A statement that treatment, payment, enrollment, or	114856
eligibility for a medical assistance program cannot be conditioned	114857
on signing the authorization unless the authorization is necessary	114858
for determining eligibility for the program.	114859

(B) An authorization for the release of information regarding	114860
a medical assistance recipient to the recipient's attorney under	114861
division (D)(3) of section 5160.45 of the Revised Code may include	114862
a provision specifically authorizing the release of the	114863
recipient's electronic health records, if any, in accordance with	114864
rules authorized by section 5160.48 or 5160.481 of the Revised	114865
Code.	114866

(C) When an individual requests information pursuant to	114867
section 5160.45 of the Revised Code regarding the individual's	114868
enrollment in a medical assistance program and does not wish to	114869
provide a statement of purpose, the statement "at request of the	114870
individual" is a sufficient description for purposes of division	114871
(A)(4) of this section.	114872

Sec. 5160.47. The department of medicaid shall enter into	114873
any necessary agreements with the United States department of	114874
health and human services and neighboring states to join and	114875
participate as an active member in the public assistance reporting	114876
information system. The department may disclose information	114877
regarding a medical assistance recipient to the extent necessary	114878
to participate as an active member in the system.	114879

Sec. 5160.48. (A) The medicaid director shall adopt rules	114880
under section 5160.02 of the Revised Code implementing sections	114881
5160.45 to 5160.481 of the Revised Code and governing the custody,	114882
use, disclosure, and preservation of the information generated or	114883
received by the department of medicaid, county departments of job	114884
and family services, other state and county entities, contractors,	114885
grantees, private entities, or officials participating in the	114886
administration of medical assistance programs. The rules shall be	114887
adopted in accordance with Chapter 119. of the Revised Code. The	114888
rules may define who is an "authorized representative" for	114889
purposes of sections 5160.45 and 5160.46 of the Revised Code. The	114890
rules shall specify conditions and procedures for the release of	114891
information, which may include both of the following:	114892

(1) Permitting a provider of a service under a medical	114893
assistance program limited access to information that is essential	114894
for the provider to render the service or to bill for the service	114895
rendered;	114896

(2) Permitting a contractor, grantee, or other state or	114897
county entity limited access to information that is essential for	114898
the contractor, grantee, or entity to perform administrative or	114899
other duties on behalf of the department or a county department.	114900

(B) The department of aging, when investigating a complaint	114901
under section 173.20 of the Revised Code, shall be granted any	114902
limited access permitted in the rules authorized by division	114903
(A)(1) of this section.	114904

A contractor, grantee, or entity given access to information	114905
pursuant to the rules authorized by division (A)(2) of this	114906
section is bound by the director's rules. Disclosure of the	114907
information by the contractor, grantee, or entity in a manner not	114908
authorized by the rules is a violation of section 5160.45 of the	114909
Revised Code.	114910

Sec. 5160.481. Whenever names, addresses, or other	114911
information relating to medical assistance recipients is held by	114912
any agency other than the department of medicaid or a county	114913
department of job and family services, that other agency shall	114914
adopt rules consistent with sections 5160.45 to 5160.481 of the	114915
Revised Code to prevent the publication or disclosure of names,	114916
lists, or other information concerning those recipients.	114917

Sec. 5160.50. The department of medicaid shall administer	114918
the refugee medical assistance program authorized by the	114919
"Immigration and Nationality Act," section 412(e), 8 U.S.C.	114920
1522(e).	114921

Sec. 5160.52. The medicaid director may provide for the	114922
department of medicaid to develop, participate in the development	114923
of, negotiate, and enter into one or more interstate compacts on	114924
behalf of this state with agencies of any other states, for the	114925
provision of medical assistance to children in relation to whom	114926
all of the following apply:	114927

(A) They have special needs.

114928

(B) This state or another state that is a party to the	114929
interstate compact is providing adoption assistance on their	114930
behalf.	114931

(C) They move into this state from another state or move out	114932
of this state to another state.	114933

Sec. 5160.99. Whoever violates division (B) of section	114934
5160.45 of the Revised Code is guilty of a misdemeanor of the	114935
first degree.	114936

Sec. 5161.01. (A) As used in the Revised Code, "children's	114937
health insurance program" and, when used as an acronym for the	114938
children's health insurance program, "CHIP" mean the program of	114939
child health assistance authorized by Title XXI of the "Social	114940
Security Act," 42 U.S.C. 1397aa et seq. CHIP part I, CHIP part II,	114941
and CHIP part III, as authorized by this chapter, are components	114942
of CHIP. Any reference in statute enacted by the general assembly	114943
to medicaid or the medicaid program also means CHIP to the extent,	114944
if any, that CHIP is provided under the medicaid program.	114945

(B) As used in this chapter, "federal poverty line" means the	114946
official poverty line defined by the United States office of	114947
management and budget based on the most recent data available from	114948
the United States bureau of the census and revised by the United	114949
States secretary of health and human services pursuant to the	114950
"Omnibus Budget Reconciliation Act of 1981," section 673(2), 42	114951
U.S.C. 9902(2).	114952

~~Sec. 5101.502.~~ Sec. 5161.02. The medicaid director ~~of job and~~	114953
~~family services~~ may adopt rules in accordance with Chapter 119. of	114954
the Revised Code as necessary for the efficient administration of	114955
the children's health insurance program ~~part I~~, including rules	114956
that establish all of the following:	114957

(A) The conditions under which ~~health assistance services~~	114958
the program will ~~be reimbursed~~pay for health benefits coverage;	114959

(B) The method of ~~reimbursement applicable to services~~	114960
~~reimbursable under~~ the ~~program~~payment;	114961

(C) The amount of ~~reimbursement~~payment, or the method by	114962
which the amount is to be determined, for each ~~reimbursable~~	114963
service included in the health benefits coverage.	114964

~~Sec. 5101.50.~~ Sec. 5161.05. ~~(A) As used in sections 5101.50 to~~	114965
~~5101.529 of the Revised Code:~~	114966

~~(1) "Children's health insurance program" means the program~~	114967
~~authorized by Title XXI of the "Social Security Act," 111 Stat.~~	114968
~~552 (1997), 42 U.S.C.A. 1397aa.~~	114969

~~(2) "Federal poverty guidelines" has the same meaning as in~~	114970
~~section 5101.46 of the Revised Code.~~	114971

~~(B)~~ The medicaid director ~~of job and family services~~ may	114972
continue to operate the component of the children's health	114973
insurance program initially authorized by an executive order	114974
issued under section 107.17 of the Revised Code as long as federal	114975
financial participation is available for the program. If operated,	114976
the ~~program~~component shall ~~provide health assistance to~~pay for	114977
part or all of the cost of health benefits coverage for uninsured	114978
individuals under nineteen years of age with family incomes not	114979
exceeding one hundred fifty per cent of the federal poverty	114980
~~guidelines~~line. ~~In accordance with 42 U.S.C.A. 1397aa, the~~	114981
~~director may provide for the health assistance to meet the~~	114982
~~requirements of 42 U.S.C.A. 1397cc, to be provided under the~~	114983
~~medicaid program established under Chapter 5111. of the Revised~~	114984
~~Code, or to be a combination of both.~~	114985

~~Sec. 5101.501.~~ Sec. 5161.06. ~~Health assistance provided under~~The	114986
component of the children's health insurance program authorized by	114987
section ~~5101.50~~5161.05 of the Revised Code shall be known as ~~the~~	114988
~~children's health insurance program~~CHIP part I.	114989

~~Sec. 5101.51.~~ Sec. 5161.10. In accordance with federal law	114990
governing the children's health insurance program, the medicaid	114991
director ~~of job and family services~~ may submit a state child	114992
health plan to the United States secretary of health and human	114993
services to ~~provide~~pay, except as provided in section ~~5101.516~~	114994
5161.22 of the Revised Code, ~~health assistance to~~for part or all	114995
of the cost of health benefits coverage for uninsured individuals	114996
under nineteen years of age with family incomes above one hundred	114997
fifty per cent of the federal poverty ~~guidelines~~line but not	114998
exceeding two hundred per cent of the federal poverty ~~guidelines~~	114999
line. If the director submits the plan, the director shall ~~include~~	115000
~~both of the following~~stipulate in the plan:	115001

~~(A) The health assistance will not begin before January 1,~~	115002
~~2000.~~	115003

~~(B) The health assistance~~that the payments will be available	115004
only while federal financial participation is available for it	115005
them.	115006

~~Sec. 5101.511.~~ Sec. 5161.11. ~~Health assistance provided under~~The	115007
component of the children's health insurance program authorized by	115008
section ~~5101.51~~5161.10 of the Revised Code shall be known as ~~the~~	115009
~~children's health insurance program~~CHIP part II.	115010

~~Sec. 5101.512.~~ Sec. 5161.12. If the medicaid director ~~of job and~~	115011
~~family services~~ submits a state child health plan to the United	115012
States secretary of health and human services under section	115013
~~5101.51~~5161.10 of the Revised Code and the secretary approves the	115014
plan, the director shall implement ~~the children's health insurance~~	115015
~~program~~CHIP part II in accordance with the plan. ~~The director may~~	115016
~~adopt rules in accordance with Chapter 119. of the Revised Code as~~	115017
~~necessary for the efficient administration of the program,~~	115018
~~including rules that establish all of the following:~~	115019

~~(A) The conditions under which health assistance services~~	115020
~~will be reimbursed;~~	115021

~~(B) The method of reimbursement applicable to services~~	115022
~~reimbursable under the program~~;	115023

~~(C) The amount of reimbursement, or the method by which the~~	115024
~~amount is to be determined, for each reimbursable service~~.	115025

~~Sec. 5101.52.~~ Sec. 5161.15. In accordance with federal law	115026
governing the children's health insurance program, the medicaid	115027
director ~~of job and family services~~ may submit a request for a	115028
federal waiver to the United States secretary of health and human	115029
services to ~~provide~~pay, except as provided in section ~~5101.526~~	115030
5161.22 of the Revised Code, ~~health assistance to~~for part or all	115031
of the cost of health benefits coverage for individuals under	115032
nineteen years of age with family incomes above two hundred per	115033
cent of the federal poverty ~~guidelines~~line but not exceeding	115034
three hundred per cent of the federal poverty ~~guidelines~~line. If	115035
the director submits the ~~plan~~waiver request, the director shall	115036
stipulate in the ~~plan~~request that the ~~health assistance~~payments	115037
will be available only while federal financial participation is	115038
available for ~~it and that health assistance shall not begin before~~	115039
~~January 1, 2008~~them.	115040

~~Sec. 5101.521.~~ Sec. 5161.16. ~~Health assistance provided under~~The	115041
component of the children's health insurance program authorized by	115042
section ~~5101.52~~5161.15 of the Revised Code shall be known as ~~the~~	115043
~~children's health insurance program~~CHIP part III.	115044

~~Sec. 5101.522.~~ Sec. 5161.17. If the medicaid director ~~of job and~~	115045
~~family services~~ submits a waiver request to the United States	115046
secretary of health and human services under section ~~5101.52~~	115047
5161.15 of the Revised Code and the secretary grants the waiver,	115048
the director shall implement ~~the children's health insurance~~	115049
~~program~~CHIP part III in accordance with the waiver. ~~The director~~	115050
~~may adopt rules in accordance with Chapter 119. of the Revised~~	115051
~~Code as necessary for the efficient administration of the program,~~	115052
~~including rules that establish all of the following:~~	115053

~~(A) The conditions under which health assistance services~~	115054
~~will be reimbursed;~~	115055

~~(B) The method of reimbursement applicable to services~~	115056
~~reimbursable under the program;~~	115057

~~(C) The amount of reimbursement, or the method by which the~~	115058
~~amount is to be determined, for each reimbursable service.~~	115059

~~Sec. 5101.524.~~ Sec. 5161.20. In accordance with the "Social	115060
Security Act," section 2101, 42 U.S.C. 1397aa, ~~the director of job~~	115061
~~and family services shall provide for health assistance under~~ the	115062
children's health insurance program ~~part III to meet~~shall	115063
provide payments for obtaining health benefits coverage through	115064
any of the following:	115065

(A) Obtaining coverage that meets the requirements the	115066
"Social Security Act," section 2103, of 42 U.S.C. 1397cc~~, to be~~	115067
~~provided~~;	115068

(B) Providing benefits under the medicaid program ~~established~~	115069
~~under Chapter 5111. of the Revised Code, or to be a~~;	115070

(C) A combination of ~~both~~divisions (A) and (B) of this	115071
section.	115072

~~Sec. 5101.516.~~ Sec. 5161.22. If the medicaid director ~~of job and~~	115073
~~family services~~ determines that federal financial participation	115074
for ~~the children's health insurance program~~CHIP part II, part	115075
III, or both parts is insufficient to ~~provide health assistance~~	115076
topay for part or all of the costs of health benefits coverage	115077
for all the individuals the director anticipates are eligible for	115078
the ~~program~~part or parts, the director may refuse to accept new	115079
applications for the ~~program~~part or parts or may make the	115080
~~program's~~ eligibility requirements more restrictive for the part	115081
or parts.	115082

~~Sec. 5101.517.~~ Sec. 5161.24. To the extent permitted by the	115083
"Social Security Act," section 2103(e), 42 U.S.C.A. 1397cc(e), the	115084
medicaid director ~~of job and family services~~ may require an	115085
individual ~~receiving health assistance under the children's health~~	115086
~~insurance program~~seeking to enroll, or who is enrolled, in CHIP	115087
part II to pay a premium, deductible, coinsurance payment, or	115088
other cost-sharing expense.	115089

~~Sec. 5101.527.~~ Sec. 5161.25. To the extent permitted by the "Social	115090
Security Act," section 2103(e), 42 U.S.C. 1397cc(e), the medicaid	115091
director ~~of job and family services~~ shall require an individual	115092
~~receiving health assistance under the children's health insurance~~	115093
~~program~~seeking to enroll, or who is enrolled, in CHIP part III to	115094
pay the following as a term of ~~participation in the program~~	115095
enrollment:	115096

(A) A premium of not less than forty dollars per month for a	115097
family with one individual ~~receiving health assistance under~~	115098
seeking to enroll, or who is enrolled, in the ~~program~~part;	115099

(B) A premium of not less than eighty dollars per month for a	115100
family with two individuals ~~receiving health assistance under~~	115101
seeking to enroll, or who is enrolled, in the ~~program~~part;	115102

(C) A premium of not less than one hundred twenty dollars per	115103
month for a family with three or more individuals ~~receiving health~~	115104
~~assistance under~~seeking to enroll, or who are enrolled, in the	115105
~~program~~part.	115106

~~Sec. 5101.519.~~ Sec. 5161.27. A completed application for ~~medical~~	115107
~~assistance under Chapter 5111. of the Revised Code~~medicaid shall	115108
be treated as an application for ~~health assistance under~~ the	115109
children's health insurance program ~~part II~~ if the application is	115110
for an assistance group that includes a child under nineteen years	115111
of age and is denied.	115112

~~Sec. 5101.513.~~ Sec. 5161.30. The medicaid director ~~of job and~~	115113
~~family services~~ may contract with a government entity or person to	115114
perform the director's administrative duties regarding ~~the~~	115115
~~children's health insurance program~~CHIP part I, part II, part	115116
III, two of the parts, or all three parts, other than the duty to	115117
submit a state child health plan to the United States secretary of	115118
health and human services under section ~~5101.51~~5161.10 of the	115119
Revised Code, the duty to submit a waiver request under section	115120
5161.15 of the Revised Code, and the duty to adopt rules under	115121
section ~~5101.512~~5161.02 of the Revised Code.	115122

~~Sec. 5101.5110.~~ Sec. 5161.35. (A) The medicaid director ~~of job and~~	115123
~~family services~~ may submit a waiver request to the United States	115124
secretary of health and human services to provide health	115125
assistance to any individual who meets all of the following	115126
requirements:	115127

(1) Is the parent of a child who is under nineteen years of	115128
age ~~who~~, resides with the parent, and is ~~eligible for health~~	115129
~~assistance under~~enrolled in the children's health insurance	115130
program part I or II or the medicaid program ~~established under~~	115131
~~Chapter 5111. of the Revised Code~~;	115132

(2) Is uninsured;

115133

(3) Has a family income that does not exceed one hundred per	115134
cent of the federal poverty ~~guidelines~~line.	115135

(B) A waiver request the director submits under division (A)	115136
of this section may seek federal funds allotted to the state under	115137
~~Title XXI of~~ the "Social Security Act," ~~111 Stat. 558 (1997)~~	115138
section 2104, 42 U.S.C.A. 1397dd, ~~as amended,~~ that are not	115139
otherwise used to fund the children's health insurance program	115140
parts I and II.	115141

~~(C) If a waiver request the director submits under division~~	115142
~~(A) of this section is granted, the director may adopt rules in~~	115143
~~accordance with Chapter 119. of the Revised Code as necessary for~~	115144
~~the efficient administration of the program authorization by the~~	115145
~~waiver.~~	115146

Sec. 5162.01. (A) As used in the Revised Code:

115147

(1) "Medicaid" and "medicaid program" mean the program of	115148
medical assistance established by Title XIX of the "Social	115149
Security Act," 42 U.S.C. 1396 et seq., including any medical	115150
assistance provided under the medicaid state plan or a federal	115151
medicaid waiver granted by the United States secretary of health	115152
and human services.	115153

(2) "Medicare" and "medicare program" mean the federal health	115154
insurance program established by Title XVIII of the "Social	115155
Security Act," 42 U.S.C. 1395 et seq.	115156

(B) As used in this chapter:

115157

(1) "Dual eligible individual" has the same meaning as in	115158
section 5160.01 of the Revised Code.	115159

(2) "Federal financial participation" has the same meaning as	115160
in section 5160.01 of the Revised Code.	115161

(3) "Federal poverty line" means the official poverty line	115162
defined by the United States office of management and budget based	115163
on the most recent data available from the United States bureau of	115164
the census and revised by the United States secretary of health	115165
and human services pursuant to the "Omnibus Budget Reconciliation	115166
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	115167

(4) "Healthy start component" means the component of the	115168
medicaid program that covers pregnant women and children and is	115169
identified in rules adopted under section 5162.02 of the Revised	115170
Code as the healthy start component.	115171

(5) "ICF/IID" has the same meaning as in section 5124.01 of	115172
the Revised Code.	115173

(6) "Medicaid managed care organization" has the same meaning	115174
as in section 5167.01 of the Revised Code.	115175

(7) "Medicaid provider" has the same meaning as in section	115176
5164.01 of the Revised Code.	115177

(8) "Medicaid services" has the same meaning as in section	115178
5164.01 of the Revised Code.	115179

(9) "Nursing facility" has the same meaning as in section	115180
5165.01 of the Revised Code.	115181

(10) "Political subdivision" means a municipal corporation,	115182
township, county, school district, or other body corporate and	115183
politic responsible for governmental activities only in a	115184
geographical area smaller than that of the state.	115185

(11) "Prescribed drug" has the same meaning as in section	115186
5164.01 of the Revised Code.	115187

(12) "Provider agreement" has the same meaning as in section	115188
5164.01 of the Revised Code.	115189

(13) "Qualified medicaid school provider" means the board of	115190
education of a city, local, or exempted village school district,	115191
the governing authority of a community school established under	115192
Chapter 3314. of the Revised Code, the state school for the deaf,	115193
and the state school for the blind to which both of the following	115194
apply:	115195

(a) It holds a valid provider agreement.

115196

(b) It meets all other conditions for participation in the	115197
medicaid school component of the medicaid program established in	115198
rules authorized by section 5162.364 of the Revised Code.	115199

(14) "State agency" means every organized body, office, or	115200
agency, other than the department of medicaid, established by the	115201
laws of the state for the exercise of any function of state	115202
government.	115203

(15) "Vendor offset" means a reduction of a medicaid payment	115204
to a medicaid provider to correct a previous, incorrect medicaid	115205
payment to that provider.	115206

Sec. 5162.02. The medicaid director shall adopt rules as	115207
necessary to implement this chapter.	115208

Sec. 5162.021. The medicaid director shall adopt rules under	115209
sections 5160.02, 5162.02, 5163.03, 5164.04, 5165.05, 5166.02, and	115210
5167.02 of the Revised Code as necessary to authorize the	115211
directors of other state agencies to adopt rules regarding	115212
medicaid components, or aspects of medicaid components, the other	115213
state agencies administer pursuant to contracts entered into under	115214
section 5162.35 of the Revised Code.	115215

Sec. 5162.022. The medicaid director's rules governing	115216
medicaid are binding on other state agencies and political	115217
subdivisions that administer one or more components of the	115218
medicaid program, or one or more aspects of a component, pursuant	115219
to contracts entered into under section 5162.35 of the Revised	115220
Code. No state agency or political subdivision may establish, by	115221
rule or otherwise, a policy governing medicaid that is	115222
inconsistent with a medicaid policy established, in rule or	115223
otherwise, by the director.	115224

~~Sec. 5111.01.~~ Sec. 5162.03. ~~(A) As used in this chapter:~~

115225

~~"Children's health insurance program" means the children's~~	115226
~~health insurance program part I, children's health insurance~~	115227
~~program part II, and children's health insurance program part III~~	115228
~~authorized by sections 5101.50 to 5101.529 of the Revised Code.~~	115229

~~"Medical assistance program" or "medicaid" means the program~~	115230
~~that is authorized by this chapter and provided by the office of~~	115231
~~medical assistance under this chapter, Title XIX of the "Social~~	115232
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, et seq., as~~	115233
~~amended, and the waivers of Title XIX requirements granted to the~~	115234
~~office by the centers for medicare and medicaid services of the~~	115235
~~United States department of health and human services.~~	115236

~~(B) There is hereby established the office of medical~~	115237
~~assistance as a work unit within the department of job and family~~	115238
~~services. The chief of the office shall hold the title of medical~~	115239
~~assistance director. Notwithstanding section 5101.06 of the~~	115240
~~Revised Code, the governor shall appoint the medical assistance~~	115241
~~director and the medical assistance director shall serve at the~~	115242
~~governor's pleasure. The medical assistance director is not an~~	115243
~~assistant director of the department of job and family services~~	115244
~~for purposes of section 121.05 or 5101.03 of the Revised Code or~~	115245
~~any other purpose.~~	115246

~~Subject to appropriations for the medicaid program and~~	115247
~~children's health insurance program, the department of job and~~	115248
~~family services shall provide staff and support services as~~	115249
~~necessary for the operation of the office of medical assistance.~~	115250

~~If a statute, rule, contract, or other legal authority~~	115251
~~requires the director of job and family services or department of~~	115252
~~job and family services to take an action regarding the medicaid~~	115253
~~program or children's health insurance program, the medical~~	115254
~~assistance director or office of medical assistance shall take the~~	115255
~~action in place of the director of job and family services or~~	115256
~~department of job and family services. If a statute, rule,~~	115257
~~contract, or other legal authority permits the director of job and~~	115258
~~family services or department of job and family services to take~~	115259
~~an action regarding the medicaid program or children's health~~	115260
~~insurance program, the medical assistance director or office of~~	115261
~~medical assistance shall take the action in place of the director~~	115262
~~of job and family services or department of job and family~~	115263
~~services if the action is to be taken.~~	115264

~~The office~~For the purpose of the "Social Security Act,"	115265
section 1902(a)(5), 42 U.S.C. 1396a(a)(5), the department of	115266
~~medical assistance~~medicaid shall act as the single state agency	115267
to supervise the administration of the medicaid program. As the	115268
single state agency, the ~~office~~department shall comply with 42	115269
C.F.R. 431.10(e) and all other federal requirements applicable to	115270
the single state agency. ~~The office's rules governing medicaid are~~	115271
~~binding on other agencies that administer components of the~~	115272
~~medicaid program. No agency may establish, by rule or otherwise, a~~	115273
~~policy governing medicaid that is inconsistent with a medicaid~~	115274
~~policy established, in rule or otherwise, by the medical~~	115275
~~assistance director.~~	115276

~~(C) The office of medical assistance may provide medical~~	115277
~~assistance under the medicaid program as long as federal funds are~~	115278
~~provided for such assistance, to the following:~~	115279

~~(1) Families with children that meet either of the following~~	115280
~~conditions:~~	115281

~~(a) The family meets the income, resource, and family~~	115282
~~composition requirements in effect on July 16, 1996, for the~~	115283
~~former aid to dependent children program as those requirements~~	115284
~~were established by Chapter 5107. of the Revised Code, federal~~	115285
~~waivers granted pursuant to requests made under former section~~	115286
~~5101.09 of the Revised Code, and rules adopted by the department~~	115287
~~or any changes the department makes to those requirements in~~	115288
~~accordance with paragraph (a)(2) of section 114 of the "Personal~~	115289
~~Responsibility and Work Opportunity Reconciliation Act of 1996,"~~	115290
~~110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of~~	115291
~~implementing section 5111.0120 of the Revised Code. An adult loses~~	115292
~~eligibility for medicaid under division (C)(1)(a) of this section~~	115293
~~pursuant to division (E) of section 5107.16 of the Revised Code.~~	115294

~~(b) The family does not meet the requirements specified in~~	115295
~~division (C)(1)(a) of this section but is eligible for medicaid~~	115296
~~pursuant to section 5101.18 of the Revised Code.~~	115297

~~(2) Aged, blind, and disabled persons who meet the following~~	115298
~~conditions:~~	115299

~~(a) Receive federal aid under Title XVI of the "Social~~	115300
~~Security Act," or are eligible for but are not receiving such aid,~~	115301
~~provided that the income from all other sources for individuals~~	115302
~~with independent living arrangements shall not exceed one hundred~~	115303
~~seventy-five dollars per month. The income standards hereby~~	115304
~~established shall be adjusted annually at the rate that is used by~~	115305
~~the United States department of health and human services to~~	115306
~~adjust the amounts payable under Title XVI.~~	115307

~~(b) Do not receive aid under Title XVI, but meet any of the~~	115308
~~following criteria:~~	115309

~~(i) Would be eligible to receive such aid, except that their~~	115310
~~income, other than that excluded from consideration as income~~	115311
~~under Title XVI, exceeds the maximum under division (C)(2)(a) of~~	115312
~~this section, and incurred expenses for medical care, as~~	115313
~~determined under federal regulations applicable to section 209(b)~~	115314
~~of the "Social Security Amendments of 1972," 86 Stat. 1381, 42~~	115315
~~U.S.C. 1396a(f), as amended, equal or exceed the amount by which~~	115316
~~their income exceeds the maximum under division (C)(2)(a) of this~~	115317
~~section;~~	115318

~~(ii) Received aid for the aged, aid to the blind, or aid for~~	115319
~~the permanently and totally disabled prior to January 1, 1974, and~~	115320
~~continue to meet all the same eligibility requirements;~~	115321

~~(iii) Are eligible for medicaid pursuant to section 5101.18~~	115322
~~of the Revised Code.~~	115323

~~(3) Persons to whom federal law requires, as a condition of~~	115324
~~state participation in the medicaid program, that medicaid be~~	115325
~~provided;~~	115326

~~(4) Persons under age twenty-one who meet the income~~	115327
~~requirements for the Ohio works first program established under~~	115328
~~Chapter 5107. of the Revised Code but do not meet other~~	115329
~~eligibility requirements for the program. The medical assistance~~	115330
~~director shall adopt rules in accordance with Chapter 119. of the~~	115331
~~Revised Code specifying which Ohio works first requirements shall~~	115332
~~be waived for the purpose of providing medicaid eligibility under~~	115333
~~division (C)(4) of this section.~~	115334

~~(D) If sufficient funds are appropriated for the medicaid~~	115335
~~program, the office of medical assistance may provide medical~~	115336
~~assistance under the medicaid program to persons in groups~~	115337
~~designated by federal law as groups to which a state, at its~~	115338
~~option, may provide medical assistance under the medicaid program.~~	115339

~~(E) The office of medical assistance may expand eligibility~~	115340
~~for the medicaid program to include individuals under age nineteen~~	115341
~~with family incomes at or below one hundred fifty per cent of the~~	115342
~~federal poverty guidelines, except that the eligibility expansion~~	115343
~~shall not occur unless the office receives the approval of the~~	115344
~~federal government. The office may implement the eligibility~~	115345
~~expansion authorized under this division on any date selected by~~	115346
~~the office, but not sooner than January 1, 1998.~~	115347

~~(F) In addition to any other authority or requirement to~~	115348
~~adopt rules under this chapter, the medical assistance director~~	115349
~~may adopt rules in accordance with section 111.15 of the Revised~~	115350
~~Code as the director considers necessary to establish standards,~~	115351
~~procedures, and other requirements regarding the provision of~~	115352
~~medical assistance under the medicaid program. The rules may~~	115353
~~establish requirements to be followed in applying for medicaid,~~	115354
~~making determinations of eligibility for medicaid, and verifying~~	115355
~~eligibility for medicaid. The rules may include special conditions~~	115356
~~as the office determines appropriate for making applications,~~	115357
~~determining eligibility, and verifying eligibility for any medical~~	115358
~~assistance that the office may provide under the medicaid program~~	115359
~~pursuant to division (E) of this section and section 5111.014 or~~	115360
~~5111.0120 of the Revised Code.~~	115361

~~Sec. 5111.98.~~ Sec. 5162.031. (A) The medicaid director ~~of job and~~	115362
~~family services~~ may do all of the following as necessary for the	115363
department of ~~job and family services~~medicaid to fulfill the	115364
duties it has, as the single state agency for the medicaid	115365
program, under the "Medicare Prescription Drug, Improvement, and	115366
Modernization Act of 2003" Pub. L. No. 108-173~~, 117 Stat. 2066~~:	115367

(1) Adopt rules in accordance with division (B) of this	115368
section;	115369

(2) Assign duties to county departments of job and family	115370
services;	115371

(3) Make payments to the United States department of health	115372
and human services from appropriations made to the department of	115373
~~job and family services~~medicaid for this purpose.	115374

(B) Rules ~~adopted under~~authorized by division (A)(1) of this	115375
section shall be adopted as follows:	115376

(1) If the rules concern the department's duties regarding	115377
~~service~~medicaid providers, ~~in accordance with Chapter 119.~~under	115378
sections 5164.02 and 5165.02 of the Revised Code, as appropriate;	115379

(2) If the rules concern the department's duties concerning	115380
individuals' eligibility for medicaid services, ~~in accordance with~~	115381
under section ~~111.15~~5163.02 of the Revised Code;	115382

(3) If the rules concern the department's duties concerning	115383
financial and operational matters between the department and	115384
county departments of job and family services, ~~in accordance with~~	115385
under section ~~111.15~~5162.02 of the Revised Code ~~as if the rules~~	115386
~~were internal management rules~~.	115387

~~Sec. 5111.102.~~ Sec. 5162.04. As used in this section, "state	115388
agency" has the same meaning as in section 9.23 of the Revised	115389
Code.	115390

No provision of Title LI of the Revised Code or any other law	115391
of this state that incorporates any provision of federal ~~Medicaid~~	115392
medicaid law, ~~Title XIX of the Social Security Act, 79 Stat. 286~~	115393
~~(1965), 42 U.S.C. 1396,~~ or that may be construed as requiring the	115394
state, a state agency, or any state official or employee to comply	115395
with that federal provision, shall be construed as creating a	115396
cause of action to enforce such state law beyond the causes of	115397
action available under federal law for enforcement of the	115398
provision of federal law.	115399

Sec. 5162.05. The medicaid program shall be implemented in	115400
accordance with all of the following:	115401

(A) The medicaid state plan approved by the United States	115402
secretary of health and human services, including amendments to	115403
the plan approved by the United States secretary;	115404

(B) Federal medicaid waivers granted by the United States	115405
secretary, including amendments to waivers approved by the United	115406
States secretary;	115407

(C) Other types of federal approval, including demonstration	115408
grants, that establish requirements for components of the medicaid	115409
program;	115410

(D) Except as otherwise authorized by a federal medicaid	115411
waiver granted by the United States secretary, all applicable	115412
federal statutes, regulations, and policy guidances;	115413

(E) All applicable state statutes.

115414

Sec. 5162.06. (A) Notwithstanding any other state statute,	115415
no component, or aspect of a component, of the medicaid program	115416
shall be implemented without all of the following:	115417

(1) Subject to division (B) of this section, if the	115418
component, or aspect of the component, requires federal approval,	115419
receipt of the federal approval;	115420

(2) Sufficient federal financial participation for the	115421
component or aspect of the component;	115422

(3) Sufficient nonfederal funds for the component or aspect	115423
of the component that qualify as funds needed to obtain the	115424
federal financial participation.	115425

(B) A component, or aspect of a component, of the medicaid	115426
program that requires federal approval may begin to be implemented	115427
before receipt of the federal approval if federal law authorizes	115428
implementation to begin before receipt of the federal approval.	115429
Implementation shall cease if the federal approval is ultimately	115430
denied.	115431

Sec. 5162.07. The medicaid director shall seek federal	115432
approval for all components, and aspects of components, of the	115433
medicaid program for which federal approval is needed, except that	115434
the director is permitted rather than required to seek federal	115435
approval for components, and aspects of components, that state	115436
statutes permit rather than require be implemented. Federal	115437
approval shall be sought in the following forms as appropriate:	115438

(A) The medicaid state plan;

115439

(B) Amendments to the medicaid state plan;

115440

115441

(D) Amendments to federal medicaid waivers;

115442

(E) Other types of federal approval, including demonstration	115443
grants.	115444

~~Sec. 5111.10.~~ Sec. 5162.10. The medicaid director ~~of job and~~	115445
~~family services~~ may conduct reviews of the medicaid program. The	115446
reviews may include physical inspections of records and sites	115447
where ~~medicaid-funded~~medicaid services are provided and	115448
interviews of medicaid providers and medicaid recipients ~~of the~~	115449
~~services~~. If the director determines pursuant to a review that a	115450
person or government entity has violated a rule governing the	115451
medicaid program, the director may establish a corrective action	115452
plan for the violator and impose fiscal, administrative, or both	115453
types of sanctions on the violator in accordance with rules	115454
~~governing the medicaid program~~adopted under section 5162.02 of	115455
the Revised Code.	115456

~~Sec. 5111.915.~~ Sec. 5162.11. (A) The department of ~~job and family~~	115457
~~services~~medicaid shall enter into an agreement with the	115458
department of administrative services for the department of	115459
administrative services to contract through competitive selection	115460
pursuant to section 125.07 of the Revised Code with a vendor to	115461
perform an assessment of the data collection and data warehouse	115462
functions of the medicaid data warehouse system, including the	115463
ability to link the data sets of all agencies serving medicaid	115464
recipients.	115465

The assessment of the data system shall include functions	115466
related to fraud and abuse detection, program management and	115467
budgeting, and performance measurement capabilities of all	115468
agencies serving medicaid recipients, including the departments of	115469
aging, ~~alcohol and drug addiction services,~~ health, job and family	115470
services, medicaid, ~~mental health~~mental health and addiction	115471
services, and developmental disabilities.	115472

~~The department of administrative services shall enter into~~	115473
~~this contract within thirty days after September 29, 2005. The~~	115474
~~contract shall require the vendor to complete the assessment~~	115475
~~within ninety days after September 29, 2005.~~	115476

A qualified vendor with whom the department of administrative	115477
services contracts to assess the data system shall also assist the	115478
medicaid agencies in the definition of the requirements for an	115479
enhanced data system or a new data system and assist the	115480
department of administrative services in the preparation of a	115481
request for ~~proposal~~proposals to enhance or develop a data	115482
system.	115483

(B) Based on the assessment performed pursuant to division	115484
(A) of this section, the department of administrative services	115485
shall seek a qualified vendor through competitive selection	115486
pursuant to section 125.07 of the Revised Code to develop or	115487
enhance a data collection and data warehouse system for the	115488
department of ~~job and family services~~medicaid and all agencies	115489
serving medicaid recipients.	115490

~~Within ninety days after September 29, 2005, the~~The	115491
department of ~~job and family services~~medicaid shall seek enhanced	115492
federal ~~funding~~financial participation for ninety per cent of	115493
the funds required to establish or enhance the data system. The	115494
department of administrative services shall not award a contract	115495
for establishing or enhancing the data system until the department	115496
of ~~job and family services~~medicaid receives approval from the	115497
~~secretary of the~~ United States ~~department~~secretary of health and	115498
human services for the ninety per cent federal ~~match~~financial	115499
participation.	115500

Sec. 5162.12. (A) The medicaid director may enter into a	115501
contract with one or more persons to receive and process, on the	115502
director's behalf, requests for medicaid recipient or claims	115503
payment data, data from reports of audits conducted under section	115504
5165.109 of the Revised Code, or extracts or analyses of any of	115505
the foregoing data made by persons who intend to use the items for	115506
commercial or academic purposes.	115507

(B) At a minimum, a contract entered into under this section	115508
shall do both of the following:	115509

(1) Authorize the contracting person to engage in the	115510
activities described in division (A) of this section for	115511
compensation, which must be stated as a percentage of the fees	115512
paid by persons who are provided the items;	115513

(2) Specify the schedule of fees the contracting person is to	115514
charge for the items.	115515

(C) Except as required by federal or state law and subject to	115516
division (E) of this section, both of the following conditions	115517
apply with respect to a request for data described in division (A)	115518
of this section:	115519

(1) The request shall be made through a person who has	115520
entered into a contract with the medicaid director under this	115521
section.	115522

(2) An item prepared pursuant to the request may be provided	115523
to the department of medicaid and is confidential and not subject	115524
to disclosure under section 149.43 or 1347.08 of the Revised Code.	115525

(D) The medicaid director shall use fees the director	115526
receives pursuant to a contract entered into under this section to	115527
pay obligations specified in contracts entered under this section.	115528
Any money remaining after the obligations are paid shall be	115529
deposited in the health care services administration fund created	115530
under section 5162.54 of the Revised Code.	115531

(E) This section does not apply to requests for medicaid	115532
recipient or claims payment data, data from reports of audits	115533
conducted under section 5165.109 of the Revised Code, or extracts	115534
or analyses of any of the foregoing data that are for any of the	115535
following purposes:	115536

(1) Treatment of medicaid recipients;

115537

(2) Payment of medicaid claims;

115538

(3) Establishment or management of medicaid third party	115539
liability pursuant to sections 5160.35 to 5160.43 of the Revised	115540
Code;	115541

(4) Compliance with the terms of an agreement the medicaid	115542
director enters into for purposes of administering the medicaid	115543
program;	115544

(5) Compliance with an operating protocol the executive	115545
director of the office of health transformation or the executive	115546
director's designee adopts under division (D) of section 191.06 of	115547
the Revised Code.	115548

~~Sec. 5111.09.~~ Sec. 5162.13. On or before the first day of January	115549
of each year, the department of ~~job and family services~~medicaid	115550
shall submit to the speaker and minority leader of the house of	115551
representatives and the president and minority leader of the	115552
senate, and shall make available to the public, a report on the	115553
effectiveness of the ~~Ohio works first program established under~~	115554
~~Chapter 5107. of the Revised Code and the medical assistance~~	115555
medicaid program ~~established under this chapter~~ in meeting the	115556
health care needs of low-income pregnant women, infants, and	115557
children. The report shall include: the estimated number of	115558
~~persons eligible for health care services to~~ pregnant women,	115559
infants, and children ~~under the programs~~eligible for the	115560
program; the actual number of eligible persons ~~served~~enrolled in	115561
the program; the number of prenatal, postpartum, and child health	115562
visits; a report on birth outcomes, including a comparison of	115563
low-birthweight births and infant mortality rates of ~~program~~	115564
~~participants~~medicaid recipients with the general female	115565
child-bearing and infant population in this state; and a	115566
comparison of the prenatal, delivery, and child health costs of	115567
the ~~programs~~program with such costs of similar programs in other	115568
states, where available.	115569

~~Sec. 5111.091.~~ Sec. 5162.131. Semiannually, the medicaid director	115570
~~of job and family services~~ shall submit to the president and	115571
minority leader of the senate, speaker and minority leader of the	115572
house of representatives, and the chairpersons of the standing	115573
committees of the senate and house of representatives with primary	115574
responsibility for legislation making biennial appropriations a	115575
report on the establishment and implementation of programs	115576
designed to control the increase of the cost of the medicaid	115577
program, increase the efficiency of the medicaid program, and	115578
promote better health outcomes. In each calendar year, one report	115579
shall be submitted not later than the last day of June and the	115580
subsequent report shall be submitted not later than the last day	115581
of December.	115582

~~Sec. 5111.092.~~ Sec. 5162.132. ~~(A) Not later than January 1, 2010,~~	115583
~~and each year thereafter~~Annually, the department of ~~job and~~	115584
~~family services~~medicaid shall prepare a report on the	115585
department's efforts to minimize fraud, waste, and abuse in the	115586
medicaid program.	115587

~~(B)~~ Each report shall be made available on the department's	115588
web site. The department shall submit a copy of each report to the	115589
governor and, in accordance with section 101.68 of the Revised	115590
Code, the general assembly. Copies of the report also shall be	115591
made available to the public on request.	115592

~~Sec. 5111.101.~~ Sec. 5162.15. (A) As used in this section;

115593

"Agent" and "contractor" include any agent, contractor,	115594
subcontractor, or other person who, on behalf of an entity,	115595
furnishes or authorizes the furnishing of ~~health care items or~~	115596
medicaid services ~~under the medicaid program~~, performs billing or	115597
coding functions, or is involved in monitoring of health care that	115598
an entity provides.	115599

"Employee" includes any officer or employee (including	115600
management employees) of an entity.	115601

"Entity" includes a governmental entity or an organization,	115602
unit, corporation, partnership, or other business arrangement,	115603
including any medicaid managed care organization, irrespective of	115604
the form of business structure or arrangement by which it exists,	115605
whether for-profit or not-for-profit. "Entity" does not include a	115606
government entity that administers one or more components of the	115607
medicaid program, unless the government entity receives medicaid	115608
payments for providing ~~items or~~medicaid services.	115609

"Federal health care programs" has the same meaning as in the	115610
"Social Security Act," section 1128B, 42 U.S.C. 1320a-7b(f).	115611

(B) Each entity that receives or makes in a federal fiscal	115612
year payments under the medicaid program, either through the	115613
medicaid state ~~medicaid~~ plan or a federal medicaid waiver,	115614
totaling at least five million dollars shall, as a condition of	115615
receiving such payments, do all of the following not later than	115616
the first day of the succeeding calendar year:	115617

(1) Establish written policies for all of the entity's	115618
employees, contractors, and agents that provide detailed	115619
information about the role of all of the following in preventing	115620
and detecting fraud, waste, and abuse in federal health care	115621
programs:	115622

(a) Federal false claims law under 31 U.S.C. 3729 to 3733;

115623

(b) Federal administrative remedies for false claims and	115624
statements available under 31 U.S.C. 3801 to 3812;	115625

(c) Sections 124.341, 2913.40, 2913.401, and 2921.13 of the	115626
Revised Code and any other state laws pertaining to civil or	115627
criminal penalties for false claims and statements;	115628

(d) Whistleblower protections under the laws specified in	115629
divisions (B)(1)(a) to (c) of this section.	115630

(2) Include as part of the written policies required by	115631
division (B)(1) of this section detailed provisions regarding the	115632
entity's policies and procedures for preventing and detecting	115633
fraud, waste, and abuse.	115634

(3) Disseminate the written policies required by division	115635
(B)(1) of this section to each of the entity's employees,	115636
contractors, and agents in a paper or electronic form and make the	115637
written policies readily available to the entity's employees,	115638
contractors, and agents.	115639

(4) If the entity has an employee handbook, include in the	115640
employee handbook a specific discussion of the laws specified in	115641
division (B)(1) of this section, the rights of employees to be	115642
protected as whistleblowers, and the entity's policies and	115643
procedures for preventing and detecting fraud, waste, and abuse.	115644

(5) Require the entity's contractors and agents to adopt the	115645
entity's written policies required by division (B)(1) of this	115646
section.	115647

(C) An entity that furnishes ~~items or~~medicaid services at	115648
multiple locations or under multiple contractual or other payment	115649
arrangements is required to comply with division (B) of this	115650
section if the entity receives in a federal fiscal year medicaid	115651
payments totaling in the aggregate at least five million dollars.	115652
This applies regardless of whether the entity submits claims for	115653
medicaid payments using multiple provider identification or tax	115654
identification numbers.	115655

~~Sec. 5111.0112.~~ Sec. 5162.20. (A) The ~~director~~department of ~~job~~	115656
~~and family services~~medicaid shall institute a cost-sharing	115657
~~program under~~requirements for the medicaid program. In	115658
~~instituting the cost-sharing program, the director shall comply~~	115659
~~with federal law.~~ The cost-sharing ~~program~~requirements shall	115660
~~establish~~include a copayment requirement for at least dental	115661
services, vision services, nonemergency emergency department	115662
services, and ~~prescription~~prescribed drugs~~, other than generic~~	115663
~~drugs~~. The cost-sharing ~~program~~requirements also shall ~~establish~~	115664
include requirements regarding premiums, enrollment fees,	115665
deductions, and similar charges. ~~The director shall adopt rules~~	115666
~~under section 5111.02 of the Revised Code governing the~~	115667
~~cost-sharing program.~~	115668

(B) ~~The cost-sharing program shall, to the extent permitted~~	115669
~~by federal law, provide for all of the following with regard to~~	115670
~~any providers participating in the medicaid program:~~	115671

(1) No provider shall refuse to provide a service to a	115672
medicaid recipient who is unable to pay a required copayment for	115673
the service.	115674

(2) Division (B)(1) of this section shall not be considered	115675
to do either of the following with regard to a medicaid recipient	115676
who is unable to pay a required copayment:	115677

(a) Relieve the medicaid recipient from the obligation to pay	115678
a copayment;	115679

(b) Prohibit the provider from attempting to collect an	115680
unpaid copayment.	115681

~~(3)~~(C) Except as provided in division ~~(C)~~(F) of this section,	115682
no provider shall waive a medicaid recipient's obligation to pay	115683
the provider a copayment.	115684

~~(4)~~(D) No provider or drug manufacturer, including the	115685
manufacturer's representative, employee, independent contractor,	115686
or agent, shall pay any copayment on behalf of a medicaid	115687
recipient.	115688

~~(5)~~(E) If it is the routine business practice of ~~the~~a	115689
provider to refuse service to any individual who owes an	115690
outstanding debt to the provider, the provider may consider an	115691
unpaid copayment imposed by the cost-sharing ~~program~~requirements	115692
as an outstanding debt and may refuse service to a medicaid	115693
recipient who owes the provider an outstanding debt. If the	115694
provider intends to refuse service to a medicaid recipient who	115695
owes the provider an outstanding debt, the provider shall notify	115696
the ~~individual~~recipient of the provider's intent to refuse	115697
~~services~~service.	115698

~~(C)~~(F) In the case of a provider that is a hospital, the	115699
cost-sharing program shall permit the hospital to take action to	115700
collect a copayment by providing, at the time services are	115701
rendered to a medicaid recipient, notice that a copayment may be	115702
owed. If the hospital provides the notice and chooses not to take	115703
any further action to pursue collection of the copayment, the	115704
prohibition against waiving copayments specified in division	115705
~~(B)(3)~~(C) of this section does not apply.	115706

~~(D)~~(G) The department of ~~job and family services~~medicaid may	115707
~~work~~collaborate with a state agency that is administering,	115708
pursuant to a contract entered into under section ~~5111.91~~5162.35	115709
of the Revised Code, one or more components ~~of the medicaid~~	115710
~~program~~, or one or more aspects of a component, of the medicaid	115711
program as necessary for the state agency to apply the	115712
cost-sharing ~~program~~requirements to the components or aspects of	115713
~~the medicaid program~~a component that the state agency	115714
administers.	115715

~~Sec. 5111.11.~~ Sec. 5162.21. (A) As used in this section and	115716
section ~~5111.111~~5162.211 of the Revised Code:	115717

(1) "Estate" includes both of the following:

115718

(a) All real and personal property and other assets to be	115719
administered under Title XXI of the Revised Code and property that	115720
would be administered under that title if not for section 2113.03	115721
or 2113.031 of the Revised Code;	115722

(b) Any other real and personal property and other assets in	115723
which an individual had any legal title or interest at the time of	115724
death (to the extent of the interest), including assets conveyed	115725
to a survivor, heir, or assign of the individual through joint	115726
tenancy, tenancy in common, survivorship, life estate, living	115727
trust, or other arrangement.	115728

(2) "Institution" means a nursing facility, ~~intermediate care~~	115729
~~facility for the mentally retarded~~ICF/IID, or a medical	115730
institution.	115731

(3) ~~"Intermediate care facility for the mentally retarded"~~	115732
~~and "nursing facility" have the same meanings as in section~~	115733
~~5111.20 of the Revised Code.~~	115734

~~(4)~~ "Permanently institutionalized individual" means an	115735
individual to whom all of the following apply:	115736

(a) Is an inpatient in an institution;

115737

(b) Is required, as a condition of the medicaid program	115738
paying for the individual's services in the institution, to spend	115739
for costs of medical or nursing care all of the individual's	115740
income except for an amount for personal needs specified by the	115741
department of ~~job and family services~~medicaid;	115742

(c) Cannot reasonably be expected to be discharged from the	115743
institution and return home as determined by the department of ~~job~~	115744
~~and family services~~medicaid.	115745

~~(5)~~(4) "Qualified state long-term care insurance partnership	115746
program" means the program established under section ~~5111.18~~	115747
5164.86 of the Revised Code.	115748

~~(6)~~(5) "Time of death" shall not be construed to mean a time	115749
after which a legal title or interest in real or personal property	115750
or other asset may pass by survivorship or other operation of law	115751
due to the death of the decedent or terminate by reason of the	115752
decedent's death.	115753

(B) To the extent permitted by federal law, the department of	115754
~~job and family services~~medicaid shall institute a medicaid estate	115755
recovery program under which the department shall, except as	115756
provided in divisions (C) and (E) of this section, and subject to	115757
division (D) of this section, do all of the following:	115758

(1) For the costs of medicaid services the medicaid program	115759
correctly paid or will pay on behalf of a permanently	115760
institutionalized individual of any age, seek adjustment or	115761
recovery from the individual's estate or on the sale of property	115762
of the individual or spouse that is subject to a lien imposed	115763
under section ~~5111.111~~5162.211 of the Revised Code;	115764

(2) For the costs of medicaid services the medicaid program	115765
correctly paid or will pay on behalf of an individual fifty-five	115766
years of age or older who is not a permanently institutionalized	115767
individual, seek adjustment or recovery from the individual's	115768
estate;	115769

(3) Seek adjustment or recovery from the estate of other	115770
individuals as permitted by federal law.	115771

(C)(1) No adjustment or recovery may be made under division	115772
(B)(1) of this section from a permanently institutionalized	115773
individual's estate or on the sale of property of a permanently	115774
institutionalized individual that is subject to a lien imposed	115775
under section ~~5111.111~~5162.211 of the Revised Code or under	115776
division (B)(2) or (3) of this section from an individual's estate	115777
while either of the following are alive:	115778

(a) The spouse of the permanently institutionalized	115779
individual or individual;	115780

(b) The son or daughter of a permanently institutionalized	115781
individual or individual if the son or daughter is under age	115782
twenty-one or, under the "Social Security Act," section 1614, 42	115783
U.S.C. 1382c, is considered blind or disabled.	115784

(2) No adjustment or recovery may be made under division	115785
(B)(1) of this section from a permanently institutionalized	115786
individual's home that is subject to a lien imposed under section	115787
~~5111.111~~5162.211 of the Revised Code while either of the	115788
following lawfully reside in the home:	115789

(a) The permanently institutionalized individual's sibling	115790
who resided in the home for at least one year immediately before	115791
the date of the permanently institutionalized individual's	115792
admission to the institution and on a continuous basis since that	115793
time;	115794

(b) The permanently institutionalized individual's son or	115795
daughter who provided care to the permanently institutionalized	115796
individual that delayed the permanently institutionalized	115797
individual's institutionalization and resided in the home for at	115798
least two years immediately before the date of the permanently	115799
institutionalized individual's admission to the institution and on	115800
a continuous basis since that time.	115801

(D) In the case of a participant of the qualified state	115802
long-term care insurance partnership program, adjustment or	115803
recovery required by this section may be reduced in accordance	115804
with rules ~~adopted under~~authorized by division (G) of this	115805
section.	115806

(E) The department shall, in accordance with procedures and	115807
criteria established in rules ~~adopted under~~authorized by division	115808
(G) of this section, waive seeking an adjustment or recovery	115809
otherwise required by this section if the medicaid director ~~of job~~	115810
~~and family services~~ determines that adjustment or recovery would	115811
work an undue hardship. The department may limit the duration of	115812
the waiver to the period during which the undue hardship exists.	115813

(F) For the purpose of determining whether an individual	115814
meets the definition of "permanently institutionalized individual"	115815
established for this section, a rebuttable presumption exists that	115816
the individual cannot reasonably be expected to be discharged from	115817
an institution and return home if either of the following is the	115818
case:	115819

(1) The individual declares that he or she does not intend to	115820
return home.	115821

(2) The individual has been an inpatient in an institution	115822
for at least six months.	115823

(G) ~~The director of job and family services shall adopt rules~~	115824
~~in accordance with Chapter 119. of the Revised Code regarding the~~	115825
~~medicaid estate recovery program, including rules that~~Rules	115826
adopted under section 5162.02 of the Revised Code shall do both of	115827
the following:	115828

(1) For the purpose of division (D) of this section and	115829
consistent with the "Social Security Act," section 1917(b)(1)(C),	115830
42 U.S.C. 1396p(b)(1)(C), provide for reducing an adjustment or	115831
recovery in the case of a participant of the qualified state	115832
long-term care insurance partnership program;	115833

(2) For the purpose of division (E) of this section and	115834
consistent with the standards specified by the United States	115835
secretary of health and human services under the "Social Security	115836
Act," section 1917(b)(3), 42 U.S.C. 1396p(b)(3), establish	115837
procedures and criteria for waiving adjustment or recovery due to	115838
an undue hardship.	115839

~~Sec. 5111.111.~~ Sec. 5162.211. (A) Except as provided in division	115840
(B) of this section and section ~~5111.12~~5162.23 of the Revised	115841
Code, no lien may be imposed against the property of an individual	115842
before the individual's death on account of medicaid services	115843
correctly paid or to be paid on the individual's behalf.	115844

(B) Except as provided in division (C) of this section, the	115845
department of ~~job and family services~~medicaid may impose a lien	115846
against the real property of a medicaid recipient who is a	115847
permanently institutionalized individual and against the real	115848
property of the recipient's spouse, including any real property	115849
that is jointly held by the recipient and spouse. The lien may be	115850
imposed on account of medicaid paid or to be paid on the	115851
recipient's behalf.	115852

(C) No lien may be imposed under division (B) of this section	115853
against the home of a medicaid recipient if any of the following	115854
lawfully resides in the home:	115855

(1) The recipient's spouse;

115856

(2) The recipient's son or daughter who is under twenty-one	115857
years of age or, under the "Social Security Act," section 1614, 42	115858
U.S.C. 1382c, considered to be blind or disabled;	115859

(3) The recipient's sibling who has an equity interest in the	115860
home and resided in the home for at least one year immediately	115861
before the date of the recipient's admission to the institution.	115862

(D) The medicaid director ~~of job and family services~~ or a	115863
person designated by the director shall sign a certificate to	115864
effectuate a lien required to be imposed under this section. The	115865
county department of job and family services shall file for	115866
recording and indexing the certificate, or a certified copy, in	115867
the real estate mortgage records in the office of the county	115868
recorder in every county in which real property of the recipient	115869
or spouse is situated. From the time of filing the certificate in	115870
the office of the county recorder, the lien attaches to all real	115871
property of the recipient or spouse described in the certificate	115872
for all amounts for which adjustment or recovery may be made under	115873
section ~~5111.11~~5162.21 of the Revised Code and, except as	115874
provided in division (E) of this section, shall remain a lien	115875
until satisfied.	115876

Upon filing the certificate in the office of the recorder,	115877
all persons are charged with notice of the lien and the rights of	115878
the department of ~~job and family services~~medicaid thereunder.	115879

The county recorder shall keep a record of every certificate	115880
filed showing its date, the time of filing, the name and residence	115881
of the recipient or spouse, and any release, waivers, or	115882
satisfaction of the lien.	115883

The priority of the lien shall be established in accordance	115884
with state and federal law.	115885

The department may waive the priority of its lien to provide	115886
for the costs of the last illness as determined by the department,	115887
administration, attorney fees, administrator fees, a sum for the	115888
payment of the costs of burial, which shall be computed by	115889
deducting from five hundred dollars whatever amount is available	115890
for the same purpose from all other sources, and a similar sum for	115891
the spouse of the decedent.	115892

(E) A lien imposed with respect to a medicaid recipient under	115893
this section shall dissolve on the recipient's discharge from the	115894
institution and return home.	115895

~~Sec. 5111.112.~~ Sec. 5162.212. The department of ~~job and family~~	115896
~~services~~medicaid shall certify amounts due under the medicaid	115897
estate recovery program instituted under section ~~5111.11~~5162.21	115898
of the Revised Code to the attorney general pursuant to section	115899
131.02 of the Revised Code. The attorney general may enter into a	115900
contract with any person or government entity to collect the	115901
amounts due on behalf of the attorney general.	115902

The attorney general, in entering into a contract under this	115903
section, shall comply with all of the requirements that must be	115904
met for the state to receive federal financial participation for	115905
the costs incurred in entering into the contract and carrying out	115906
actions under the contract. The contract may provide for the	115907
person or government entity with which the attorney general	115908
contracts to be compensated from the property recovered under the	115909
medicaid estate recovery program or may provide for another manner	115910
of compensation agreed to by the parties to the contract.	115911

Regardless of whether the attorney general collects the	115912
amounts due under the medicaid estate recovery program or	115913
contracts with a person or government entity to collect the	115914
amounts due on behalf of the attorney general, the amounts due	115915
shall be collected in accordance with applicable requirements of	115916
federal statutes and regulations and state statutes and rules.	115917

~~Sec. 5111.113.~~ Sec. 5162.22. (A) As used in this section:

115918

(1) "Commissioner" means a person appointed by a probate	115919
court under division (E) of section 2113.03 of the Revised Code to	115920
act as a commissioner.	115921

(2) "Home" has the same meaning as in section 3721.10 of the	115922
Revised Code.	115923

(3) "Personal needs allowance account" means an account or	115924
petty cash fund that holds the money of a resident of ~~an adult~~	115925
~~care~~a residential facility or home and that the facility or home	115926
manages for the resident.	115927

(4) "Residential facility" means a residential facility	115928
licensed under section ~~5119.22~~5119.34 of the Revised Code that	115929
provides accommodations, supervision, and personal care services	115930
for three to sixteen unrelated adults.	115931

(B) Except as provided in divisions (C) and (D) of this	115932
section, the owner or operator of a home or residential facility	115933
shall transfer to the department of ~~job and family services~~	115934
medicaid the money in the personal needs allowance account of a	115935
resident of the home or facility who was a medicaid recipient of	115936
~~the medical assistance program~~ no earlier than sixty days but not	115937
later than ninety days after the resident dies. The home or	115938
facility shall transfer the money even though the owner or	115939
operator of the facility or home has not been issued letters	115940
testamentary or letters of administration concerning the	115941
resident's estate.	115942

(C) If funeral or burial expenses for a resident of a home or	115943
residential facility who has died have not been paid and the only	115944
resource the resident had that could be used to pay for the	115945
expenses is the money in the resident's personal needs allowance	115946
account, or all other resources of the resident are inadequate to	115947
pay the full cost of the expenses, the money in the resident's	115948
personal needs allowance account shall be used to pay for the	115949
expenses rather than being transferred to the department of ~~job~~	115950
~~and family services~~medicaid pursuant to division (B) of this	115951
section.	115952

(D) If, not later than sixty days after a resident of a home	115953
or residential facility dies, letters testamentary or letters of	115954
administration are issued, or an application for release from	115955
administration is filed under section 2113.03 of the Revised Code,	115956
concerning the resident's estate, the owner or operator of the	115957
home or facility shall transfer the money in the resident's	115958
personal needs allowance account to the administrator, executor,	115959
commissioner, or person who filed the application for release from	115960
administration.	115961

(E) The transfer or use of money in a resident's personal	115962
needs allowance account in accordance with division (B), (C), or	115963
(D) of this section discharges and releases the home or	115964
residential facility, and the owner or operator of the home, from	115965
any claim for the money from any source.	115966

(F) If, sixty-one or more days after a resident of a home or	115967
residential facility dies, letters testamentary or letters of	115968
administration are issued, or an application for release from	115969
administration under section 2113.03 of the Revised Code is filed,	115970
concerning the resident's estate, the department of ~~job and family~~	115971
~~services~~medicaid shall transfer the funds to the administrator,	115972
executor, commissioner, or person who filed the application,	115973
unless the department is entitled to recover the money under the	115974
medicaid estate recovery program instituted under section ~~5111.11~~	115975
5162.21 of the Revised Code.	115976

~~Sec. 5111.12.~~ Sec. 5162.23. (A) The medicaid director ~~of job and~~	115977
~~family services~~ shall ~~establish~~adopt rules under ~~which~~section	115978
5162.02 of the Revised Code permitting county departments of job	115979
and family services ~~may~~to take action to recover benefits	115980
incorrectly paid on behalf of medicaid recipients ~~of medical~~	115981
~~assistance~~. The rules shall provide for recovery by the following	115982
methods:	115983

(1) Soliciting voluntary payments from recipients or from	115984
persons holding property in which a recipient has a legal or	115985
equitable interest;	115986

(2) Obtaining a lien on property pursuant to division (B) of	115987
this section.	115988

(B) A county department of job and family services may bring	115989
a civil action in a court of common pleas against a medicaid	115990
recipient ~~of medical assistance~~ for the recovery of any ~~medical~~	115991
~~assistance benefits~~medicaid payments determined by the court to	115992
have been paid incorrectly on behalf of the recipient. All persons	115993
holding property in which the recipient has a legal or equitable	115994
interest may be joined as parties. The court may issue	115995
pre-judgment orders, including injunctive relief or attachment	115996
under Chapter 2715. of the Revised Code, for the preservation of	115997
real or personal property in which the recipient may have a legal	115998
or equitable interest. If the court determines that ~~benefits~~	115999
medicaid payments were ~~paid~~made incorrectly and issues a judgment	116000
to that effect, the county department may obtain a lien upon	116001
property of the recipient in accordance with Chapter 2329. of the	116002
Revised Code.	116003

(C) The county department of job and family services shall	116004
retain fifty per cent of the balance remaining after deduction	116005
from the recovery of the amount required to be returned to the	116006
federal government and shall pay the other fifty per cent of the	116007
balance to the department of ~~job and family services~~medicaid.	116008

(D) Recovery of ~~medical assistance benefits~~medicaid payments	116009
incorrectly ~~paid to~~made on behalf of a medicaid recipient may not	116010
be accomplished by reducing the amount of benefits the recipient	116011
is entitled to receive under another government assistance	116012
program.	116013

(E) The remedies provided pursuant to this section do not	116014
affect any other remedies county departments of job and family	116015
services may have to recover benefits incorrectly paid on behalf	116016
of medicaid recipients ~~of medical assistance~~.	116017

~~Sec. 5111.121.~~ Sec. 5162.24. (A) As used in this section, "third	116018
party" has the same meaning as in section ~~5101.571~~5160.35 of the	116019
Revised Code.	116020

(B) In addition to the authority granted under section	116021
~~5101.59~~5160.38 of the Revised Code, the department of ~~job and~~	116022
~~family services~~medicaid may, to the extent necessary to reimburse	116023
its costs, garnish the wages, salary, or other employment income	116024
of, and withhold amounts from state tax refunds to, any person to	116025
whom both of the following apply:	116026

(1) The person is required by a court or administrative order	116027
to provide coverage of the cost of health care services to a child	116028
eligible for ~~medical assistance under this chapter~~medicaid.	116029

(2) The person has received payment from a third party for	116030
the costs of such services but has not used the payment to	116031
reimburse either the other parent or guardian of the child or the	116032
provider of the services.	116033

(C) Claims for current and past due child support shall take	116034
priority over claims under division (B) of this section.	116035

~~Sec. 5111.83.~~ Sec. 5162.30. (A) ~~Not later than January 1, 2012,~~	116036
~~the~~The medicaid director ~~of job and family services~~ shall ~~apply~~	116037
~~to the United States secretary of health and human services for~~	116038
~~approval of~~create a medicaid administrative claiming program	116039
under which federal financial participation is received as	116040
~~reimbursement~~ for the administrative costs incurred by the	116041
department of health and the Arthur G. James cancer hospital and	116042
Richard J. Solove research institute of the Ohio state university	116043
in analyzing and evaluating both of the following pursuant to	116044
sections 3701.261 ~~to 3701.236~~and 3701.262 of the Revised Code:	116045

(1) Cancer reports under the Ohio cancer incidence	116046
surveillance system;	116047

(2) The incidence, prevalence, costs, and medical	116048
consequences of cancer on medicaid recipients and other low-income	116049
populations.	116050

(B) The medicaid director ~~of job and family services~~ shall	116051
consult with the director of health in ~~seeking approval of~~	116052
creating the medicaid administrative claiming program. ~~The~~	116053
~~directors shall cooperate in seeking the approval to the extent~~	116054
~~they find the approval necessary for the effective and efficient~~	116055
~~administration of the medicaid program.~~	116056

Sec. 5162.31. Local funds, whether from public or private	116057
sources, expended by a county department of job and family	116058
services for administration of the healthy start component shall	116059
be considered to have been expended by the state for the purpose	116060
of determining the extent to which the state has complied with any	116061
federal requirement that the state provide funds to match federal	116062
financial participation for the medicaid program. This section	116063
does not affect the amount of funds a county is entitled to	116064
receive under sections 5101.16 and 5101.161 of the Revised Code.	116065

~~Sec. 5111.90.~~ Sec. 5162.32. ~~(A) As used in sections 5111.90 to~~	116066
~~5111.93 of the Revised Code:~~	116067

~~(1) "Political subdivision" means a municipal corporation,~~	116068
~~township, county, school district, or other body corporate and~~	116069
~~politic responsible for governmental activities only in a~~	116070
~~geographical area smaller than that of the state.~~	116071

~~(2) "State agency" means every organized body, office, or~~	116072
~~agency, other than the department of job and family services,~~	116073
~~established by the laws of the state for the exercise of any~~	116074
~~function of state government.~~	116075

~~(B) To the extent permitted by Title XIX of the "Social~~	116076
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended,~~	116077
~~and regulations adopted under that title, the~~The department of	116078
~~job and family services~~medicaid may enter into contracts with	116079
political subdivisions to use funds of the political subdivision	116080
to pay the nonfederal share of expenditures under the medicaid	116081
program. The determination and provision of federal financial	116082
~~reimbursement~~participation to a subdivision entering into a	116083
contract under this section shall be determined by the department,	116084
subject to section ~~5111.92~~5162.40 of the Revised Code~~, approval~~	116085
~~by the United States secretary of health and human services, and~~	116086
~~the availability of federal financial participation~~.	116087

~~Sec. 5111.91.~~ Sec. 5162.35. The department of ~~job and family~~	116088
~~services~~medicaid may enter into contracts with one or more other	116089
state agencies or political subdivisions to have the state agency	116090
or political subdivision administer one or more components of the	116091
medicaid program, or one or more aspects of a component, under the	116092
department's supervision. A state agency or political subdivision	116093
that enters into such a contract shall comply with the terms of	116094
the contract and any rules the medicaid director ~~of job and family~~	116095
~~services~~ has adopted governing the component, or aspect of the	116096
component, that the state agency or political subdivision is to	116097
administer, including any rules establishing review, audit, and	116098
corrective action plan requirements. A contract with a state	116099
agency shall be in the form of an interagency agreement.	116100

A state agency or political subdivision that enters into a	116101
contract with the department under this section shall reimburse	116102
the department for the nonfederal share of the cost to the	116103
department of performing, or contracting for the performance of, a	116104
fiscal audit of the component of the medicaid program, or aspect	116105
of the component, that the state agency or political subdivision	116106
administers if rules governing the component, or aspect of the	116107
component, require that a fiscal audit be conducted.	116108

~~There is hereby created in the state treasury the medicaid~~	116109
~~administrative reimbursement fund. The department shall use money~~	116110
~~in the fund to pay for the nonfederal share of the cost of a~~	116111
~~fiscal audit for which a state agency or political subdivision is~~	116112
~~required by this section to reimburse the department. The~~	116113
~~department shall deposit the reimbursements into the fund.~~	116114

~~Sec. 5111.71.~~ Sec. 5162.36. (A) ~~As used in sections 5111.71 to~~	116115
~~5111.715 of the Revised Code, "qualified medicaid school provider"~~	116116
~~means the board of education of a city, local, or exempted village~~	116117
~~school district, the governing authority of a community school~~	116118
~~established under Chapter 3314. of the Revised Code, the state~~	116119
~~school for the deaf, and the state school for the blind to which~~	116120
~~both of the following apply:~~	116121

~~(1) It holds a valid medicaid provider agreement.~~

116122

~~(2) It meets all other conditions for participation in the~~	116123
~~medicaid school component of the medicaid program established in~~	116124
~~rules adopted under section 5111.715 of the Revised Code.~~	116125

(B) The medicaid director ~~of job and family services~~ shall	116126
~~submit a state medicaid plan amendment to the United States~~	116127
~~secretary of health and human services for the purpose of creating~~	116128
create, in accordance with sections ~~5111.71~~5162.36 to ~~5111.715~~	116129
5162.364 of the Revised Code, the medicaid school component of the	116130
medicaid program. ~~The director shall create the medicaid school~~	116131
~~component on receipt of the United States secretary's approval of~~	116132
~~the amendment.~~	116133

~~Sec. 5111.711.~~ Sec. 5162.361. A qualified medicaid school provider	116134
participating in the medicaid school component of the medicaid	116135
program may submit a claim to the department of ~~job and family~~	116136
~~services~~medicaid for federal financial participation for	116137
providing, in schools, services covered by the medicaid school	116138
component to medicaid recipients who are eligible for the	116139
services. No qualified medicaid school provider may submit such a	116140
claim before the provider incurs the cost of providing the	116141
service.	116142

The claim shall include certification of the qualified	116143
medicaid school provider's expenditures for the service. The	116144
certification shall show that the money the qualified medicaid	116145
school provider used for the expenditures was nonfederal money the	116146
provider may legally use for providing the service and that the	116147
amount of the expenditures was sufficient to pay the full cost of	116148
the service.	116149

Except as otherwise provided in sections ~~5111.71~~5162.36 to	116150
~~5111.715~~5162.364 of the Revised Code and rules ~~adopted under~~	116151
authorized by sections ~~5111.713~~5162.363 and ~~5111.715~~5162.364 of	116152
the Revised Code, a qualified medicaid school provider is subject	116153
to all conditions of participation in the medicaid program that	116154
generally apply to providers of goods and services under the	116155
medicaid program, including conditions regarding audits and	116156
recovery of overpayments.	116157

~~Sec. 5111.712.~~ Sec. 5162.362. The department of ~~job and family~~	116158
~~services~~medicaid shall seek federal financial participation for	116159
each claim a qualified medicaid school provider properly submits	116160
to the department under section ~~5111.711~~5162.361 of the Revised	116161
Code. The department shall disburse the federal financial	116162
participation the department receives from the federal government	116163
for such a claim to the qualified medicaid school provider that	116164
submitted the claim. The department may not pay the qualified	116165
medicaid school provider the nonfederal share of the cost of the	116166
services for which the claim was submitted.	116167

~~Sec. 5111.713.~~ Sec. 5162.363. The department of ~~job and family~~	116168
~~services~~medicaid shall enter into an interagency agreement with	116169
the department of education under section ~~5111.91~~5162.35 of the	116170
Revised Code that provides for the department of education to	116171
administer the medicaid school component of the medicaid program	116172
other than the aspects of the component that sections ~~5111.71~~	116173
5162.36 to ~~5111.715~~5162.364 of the Revised Code require the	116174
department of ~~job and family services~~medicaid to administer. The	116175
interagency agreement may include a provision that provides for	116176
the department of education to pay to the department of ~~job and~~	116177
~~family services~~medicaid the nonfederal share of a portion of the	116178
administrative expenses the department of ~~job and family services~~	116179
medicaid incurs in administering the aspects of the component that	116180
the department of ~~job and family services~~medicaid administers.	116181

~~The~~To the extent authorized by rules authorized by section	116182
5162.021 of the Revised Code, the department of education shall	116183
establish, in rules adopted under ~~Chapter 119.~~section 5162.02 of	116184
the Revised Code, a process by which qualified medicaid school	116185
providers participating in the medicaid school component pay to	116186
the department of education the nonfederal share of the	116187
department's expenses incurred in administering the component. The	116188
rules shall be adopted in accordance with Chapter 119. of the	116189
Revised Code.	116190

~~Sec. 5111.715.~~ Sec. 5162.364. The medicaid director ~~of job and~~	116191
~~family services~~ shall adopt rules under ~~Chapter 119.~~section	116192
5162.02 of the Revised Code as necessary to implement the medicaid	116193
school component of the medicaid program, including rules that	116194
establish or specify all of the following:	116195

(A) Conditions a board of education of a city, local, or	116196
exempted school district, governing authority of a community	116197
school established under Chapter 3314. of the Revised Code, the	116198
state school for the deaf, and the state school for the blind must	116199
meet to participate in the component;	116200

(B) Services the component covers;

116201

(C) ~~Reimbursement~~Payment rates for the services the	116202
component covers.	116203

The rules shall be adopted in accordance with Chapter 119. of	116204
the Revised Code.	116205

~~Sec. 5111.911.~~ Sec. 5162.37. Any contract the department of ~~job and~~	116206
~~family services~~medicaid enters into with the department of ~~mental~~	116207
~~health or department of alcohol and drug addiction services~~mental	116208
health and addiction services under section ~~5111.91~~5162.35 of the	116209
Revised Code is subject to the approval of the director of budget	116210
and management and shall require or specify all of the following:	116211

(A) ~~In the case of a contract with the department of mental~~	116212
~~health, that~~That section ~~5111.912~~5162.371 of the Revised Code	116213
be complied with;	116214

(B) ~~In the case of a contract with the department of alcohol~~	116215
~~and drug addiction services, that section 5111.913 of the Revised~~	116216
~~Code be complied with;~~	116217

~~(C)~~ How providers will be paid for providing the services;

116218

~~(D)~~(C) The ~~department of mental health's or department of~~	116219
~~alcohol and drug addiction services'~~ responsibilities of the	116220
department of mental health and addiction services with regard to	116221
providers, including program oversight and quality assurance.	116222

~~Sec. 5111.912.~~ Sec. 5162.371. If the department of ~~job and family~~	116223
~~services~~medicaid enters into a contract with the department of	116224
~~mental health~~mental health and addiction services under section	116225
~~5111.91~~5162.35 of the Revised Code, the department of ~~job and~~	116226
~~family services~~medicaid shall pay the nonfederal share of any	116227
medicaid payment to a provider for services under the component,	116228
or aspect of the component, the department of ~~mental health~~mental	116229
health and addiction services administers. ~~If necessary, the~~	116230
~~director of job and family services shall submit a medicaid state~~	116231
~~plan amendment to the United States secretary of health and human~~	116232
~~services regarding the department of job and family services' duty~~	116233
~~under this section.~~	116234

~~Sec. 5111.92.~~ Sec. 5162.40. (A)(1) Except as provided in division	116235
(B) of this section, if a state agency or political subdivision	116236
administers one or more components of the medicaid program that	116237
the United States department of health and human services	116238
approved, and for which federal financial participation was	116239
initially obtained, prior to January 1, 2002, or administers one	116240
or more aspects of such a component, the department of ~~job and~~	116241
~~family services~~medicaid may retain or collect not more than ten	116242
per cent of the federal financial participation the state agency	116243
or political subdivision obtains through an approved,	116244
administrative claim regarding the component or aspect of the	116245
component. If the department retains or collects a percentage of	116246
such federal financial participation, the percentage the	116247
department retains or collects shall be specified in a contract	116248
the department enters into with the state agency or political	116249
subdivision under section ~~5111.91~~5162.35 of the Revised Code.	116250

(2) Except as provided in division (B) of this section, if a	116251
state agency or political subdivision administers one or more	116252
components of the medicaid program that the United States	116253
department of health and human services approved on or after	116254
January 1, 2002, or administers one or more aspects of such a	116255
component, the department of ~~job and family services~~medicaid	116256
shall retain or collect not less than three and not more than ten	116257
per cent of the federal financial participation the state agency	116258
or political subdivision obtains through an approved,	116259
administrative claim regarding the component or aspect of the	116260
component. The percentage the department retains or collects shall	116261
be specified in a contract the department enters into with the	116262
state agency or political subdivision under section ~~5111.91~~	116263
5162.35 of the Revised Code.	116264

(B) ~~The department of job and family services may retain or~~	116265
~~collect a percentage of federal financial participation under~~	116266
~~divisions (A)(1) and (2) of this section only to the extent~~	116267
~~permitted by federal statutes and regulations.~~	116268

~~(C)~~ All amounts the department retains or collects under this	116269
section shall be deposited into the health care services	116270
administration fund created under section ~~5111.94~~5162.54 of the	116271
Revised Code.	116272

~~Sec. 5111.93.~~ Sec. 5162.41. The department of ~~job and family~~	116273
~~services~~medicaid may retain or collect a percentage of the	116274
federal financial participation included in a supplemental	116275
medicaid payment to one or more medicaid providers owned or	116276
operated by a state agency or political subdivision that brings	116277
the payment to such provider or providers to the upper payment	116278
limit established by 42 C.F.R. 447.272. If the department retains	116279
or collects a percentage of that federal financial participation,	116280
the ~~department~~medicaid director shall adopt a rule under ~~Chapter~~	116281
~~119.~~section 5162.02 of the Revised Code specifying the percentage	116282
the department is to retain or collect. All amounts the department	116283
retains or collects under this section shall be deposited into the	116284
health care services administration fund created under section	116285
~~5111.94~~5162.54 of the Revised Code.	116286

~~Sec. 5111.943.~~ Sec. 5162.50. (A) The health care - federal fund is	116287
hereby created in the state treasury. All of the following shall	116288
be credited to the fund:	116289

(1) Funds that division (B) of section ~~5112.18~~5168.11 of the	116290
Revised Code requires be credited to the fund;	116291

(2) The federal share of all rebates paid by drug	116292
manufacturers to the department of ~~job and family services~~	116293
medicaid in accordance with a rebate agreement required by the	116294
"Social Security Act," section 1927, 42 U.S.C. 1396r-8;	116295

(3) The federal share of all supplemental rebates paid by	116296
drug manufacturers to the department of ~~job and family services~~	116297
medicaid in accordance with the supplemental drug rebate program	116298
established under section ~~5111.081~~5164.755 of the Revised Code;	116299

(4) Except as otherwise provided by statute or as authorized	116300
by the controlling board, the federal share of all other	116301
medicaid-related revenues, collections, and recoveries.	116302

(B) All money credited to the health care - federal fund	116303
pursuant to division (B) of section ~~5112.18~~5168.11 of the Revised	116304
Code shall be used solely for distributing funds to hospitals	116305
under section ~~5112.08~~5168.09 of the Revised Code. The department	116306
of ~~job and family services~~medicaid shall use all other money	116307
credited to the fund to pay for other medicaid services and	116308
contracts.	116309

~~Sec. 5111.941.~~ Sec. 5162.52. (A) The health care/medicaid support	116310
and recoveries fund is hereby created in the state treasury. All	116311
of the following shall be credited to the fund:	116312

(1) Except as otherwise provided by statute or as authorized	116313
by the controlling board, the nonfederal share of all	116314
medicaid-related revenues, collections, and recoveries;	116315

(2) Federal reimbursement received for payment adjustments	116316
made pursuant to ~~section 1923 of~~ the "Social Security Act," ~~101~~	116317
~~Stat. 1330-148 (1987)~~section 1923, 42 U.S.C. 1396r-4, ~~as amended,~~	116318
under the medicaid program to state mental health hospitals	116319
maintained and operated by the department of ~~mental health~~mental	116320
health and addiction services under division (A) of section	116321
~~5119.02~~5119.14 of the Revised Code;	116322

(3) Revenues the department of ~~job and family services~~	116323
medicaid receives from another state agency for medicaid services	116324
pursuant to an interagency agreement, other than such revenues	116325
required to be deposited into the health care services	116326
administration fund created under section ~~5111.94~~5162.54 of the	116327
Revised Code;	116328

(4) The first seven hundred fifty thousand dollars the	116329
department receives in a fiscal year for performing eligibility	116330
verification services necessary for compliance with the	116331
independent, certified audit requirement of 42 C.F.R. 455.304;	116332

(5) The nonfederal share of all rebates paid by drug	116333
manufacturers to the department of medicaid in accordance with a	116334
rebate agreement required by the "Social Security Act," section	116335
1927, 42 U.S.C. 1396r-8;	116336

(6) The nonfederal share of all supplemental rebates paid by	116337
drug manufacturers to the department of medicaid in accordance	116338
with the supplemental drug rebate program established under	116339
section 5164.755 of the Revised Code.	116340

(B) The department of ~~job and family services~~medicaid shall	116341
use money credited to the health care/medicaid support and	116342
recoveries fund to pay for medicaid services and contracts.	116343

~~Sec. 5111.94.~~ Sec. 5162.54. (A) ~~As used in this section, "vendor~~	116344
~~offset" means a reduction of a medicaid payment to a medicaid~~	116345
~~provider to correct a previous, incorrect medicaid payment to that~~	116346
~~provider.~~	116347

~~(B)~~ There is hereby created in the state treasury the health	116348
care services administration fund. Except as provided in division	116349
(C) of this section, all the following shall be deposited into the	116350
fund:	116351

(1) Amounts deposited into the fund pursuant to sections	116352
~~5111.92~~5162.12, 5162.40, and ~~5111.93~~5162.41 of the Revised Code;	116353

(2) The amount of the state share of all money the department	116354
of ~~job and family services, in fiscal year 2003 and each fiscal~~	116355
~~year thereafter,~~medicaid recovers each fiscal year pursuant to a	116356
tort action under the department's right of recovery under section	116357
~~5101.58~~5160.37 of the Revised Code that exceeds the state share	116358
of all money the department, in fiscal year 2002, recovers	116359
pursuant to a tort action under that right of recovery;	116360

(3) Subject to division ~~(D)~~(B) of this section, the amount of	116361
the state share of all money the department of ~~job and family~~	116362
~~services~~medicaid, in fiscal year 2003 and each fiscal year	116363
thereafter, recovers through audits of medicaid providers that	116364
exceeds the state share of all money the department, in fiscal	116365
year 2002, recovers through such audits;	116366

(4) Amounts from assessments on hospitals under section	116367
~~5112.06~~5168.06 of the Revised Code and intergovernmental	116368
transfers by governmental hospitals under section ~~5112.07~~5168.07	116369
of the Revised Code that are deposited into the fund in accordance	116370
with the law;	116371

(5) Amounts that the department of education pays to the	116372
department of ~~job and family services~~medicaid, if any, pursuant	116373
to an interagency agreement ~~entered into under~~authorized by	116374
section ~~5111.713~~5162.363 of the Revised Code;	116375

(6) The application fees charged to providers under section	116376
~~5111.063~~5164.31 of the Revised Code;	116377

(7) The fines collected under section ~~5111.271~~5165.1010 of	116378
the Revised Code;	116379

(8) Money the department receives in a fiscal year for	116380
performing eligibility verification services necessary for	116381
compliance with the independent, certified audit requirement of 42	116382
C.F.R. 455.304, other than the amounts of such money that are to	116383
be credited to the health care/medicaid support and recoveries	116384
fund under section 5162.52 of the Revised Code.	116385

~~(C) No funds shall be deposited into the health care services~~	116386
~~administration fund in violation of federal statutes or~~	116387
~~regulations.~~	116388

~~(D)~~(B) In determining under division ~~(B)~~(A)(3) of this	116389
section the amount of money the department, in a fiscal year,	116390
recovers through audits of medicaid providers, the amount	116391
recovered in the form of vendor offset shall be excluded.	116392

~~(E)~~(C) The ~~director~~department of ~~job and family services~~	116393
medicaid shall use funds available in the health care services	116394
administration fund to pay for costs associated with the	116395
administration of the medicaid program.	116396

~~Sec. 5111.945.~~ Sec. 5162.56. There is created in the state treasury	116397
the health care special activities fund. The department of ~~job and~~	116398
~~family services~~medicaid shall deposit all funds it receives	116399
pursuant to the administration of the medicaid program into the	116400
fund, other than any such funds that are required by law to be	116401
deposited into another fund. The department shall use the money in	116402
the fund to pay for expenses related to the services provided	116403
under, and the administration of, the medicaid program.	116404

~~Sec. 5111.944.~~ Sec. 5162.58. ~~(A) As used in this section:~~

116405

~~"Dual eligible individual" has the same meaning as in section~~	116406
~~1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),~~	116407
~~42 U.S.C. 1396n(h)(2)(B).~~	116408

~~"Dual eligible integrated care demonstration project" means~~	116409
~~the demonstration project authorized by section 5111.981 of the~~	116410
~~Revised Code.~~	116411

~~"Medicare program" means the program created under Title~~	116412
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	116413
~~1395, as amended.~~	116414

~~(B)~~ There is created in the state treasury the integrated	116415
care delivery systems fund. If the terms of the federal approval	116416
for the dual eligible integrated care demonstration project	116417
authorized by section 5164.91 of the Revised Code provide for the	116418
state to receive a portion of the amounts that the demonstration	116419
project saves the medicare program, such amounts shall be	116420
deposited into the fund. The department of ~~job and family services~~	116421
medicaid shall use the money in the fund to further develop	116422
integrated delivery systems and improved care coordination for	116423
dual eligible individuals.	116424

Sec. 5162.60. (A) There is hereby created in the state	116425
treasury the managed care performance payment fund. The fund shall	116426
consist of all of the following:	116427

(1) Amounts transferred to it by the director of budget and	116428
management for the purpose of the managed care performance payment	116429
program established under section 5167.30 of the Revised Code;	116430

(2) All fines imposed on and collected from medicaid managed	116431
care organizations for failure to meet performance standards or	116432
other requirements specified in provider agreements or rules	116433
adopted under section 5167.02 of the Revised Code;	116434

(3) All investment earnings of the fund.

116435

(B) Amounts in the fund may be used for the following:

116436

(1) To make performance payments to medicaid managed care	116437
organizations in accordance with section 5167.30 of the Revised	116438
Code;	116439

(2) To meet obligations specified in the provider agreements;

116440

(3) To pay for medicaid services provided by a medicaid	116441
managed care organization;	116442

(4) To reimburse a medicaid managed care organization that	116443
has paid a fine for failure to meet performance standards or other	116444
requirements specified in provider agreements or rules adopted	116445
under section 5167.02 of the Revised Code if that organization	116446
comes into compliance with those standards or requirements.	116447

Sec. 5162.62. There is hereby created in the state treasury	116448
the medicaid administrative reimbursement fund. The department of	116449
medicaid shall use money in the fund to pay for the nonfederal	116450
share of the cost of a fiscal audit for which a state agency or	116451
political subdivision is required by section 5162.35 of the	116452
Revised Code to reimburse the department. The department shall	116453
deposit the reimbursements into the fund.	116454

~~Sec. 5111.714.~~ Sec. 5162.64. (A) There is hereby created in the	116455
state treasury the medicaid school program administrative fund.	116456

(B) Both of the following shall be deposited into the	116457
medicaid school program administrative fund:	116458

(1) The federal funds the department of education receives	116459
for the expenses the department incurs in administering the	116460
medicaid school component of the medicaid program created under	116461
section 5162.36 of the Revised Code;	116462

(2) The money the department collects from qualified medicaid	116463
school providers in the process established in rules ~~adopted under~~	116464
authorized by section ~~5111.713~~5162.363 of the Revised Code.	116465

(C) ~~No funds shall be deposited into the medicaid school~~	116466
~~program administrative fund in violation of federal statutes or~~	116467
~~regulations.~~	116468

~~(D)~~ The department of education shall use money in the	116469
medicaid school program administrative fund for both of the	116470
following purposes:	116471

(1) Paying for the expenses the department incurs in	116472
administering the medicaid school component of the medicaid	116473
program;	116474

(2) Paying a qualified medicaid school provider a refund for	116475
any overpayment the provider makes to the department under the	116476
process established in rules ~~adopted under~~authorized by section	116477
~~5111.713~~5162.363 of the Revised Code if the process results in an	116478
overpayment.	116479

~~Sec. 5111.62.~~ Sec. 5162.66. ~~The~~As used in this section,	116480
"deficiency" has the same meaning as in section 5165.60 of the	116481
Revised Code.	116482

The proceeds of all fines, including interest, collected	116483
under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised	116484
Code shall be deposited in the state treasury to the credit of the	116485
residents protection fund, which is hereby created. The proceeds	116486
of all fines, including interest, collected under section 173.42	116487
of the Revised Code shall be deposited in the state treasury to	116488
the credit of the residents protection fund.	116489

Money in the fund shall be used for the protection of the	116490
health or property of residents of nursing facilities in which the	116491
department of health finds deficiencies, including payment for the	116492
costs of relocation of residents to other facilities, maintenance	116493
of operation of a facility pending correction of deficiencies or	116494
closure, and reimbursement of residents for the loss of money	116495
managed by the facility under section 3721.15 of the Revised Code.	116496
Money in the fund may also be used to make payments under section	116497
~~5111.511~~5165.78 of the Revised Code.	116498

The fund shall be maintained and administered by the	116499
department of ~~job and family services~~medicaid under rules	116500
developed in consultation with the departments of health and aging	116501
and adopted ~~by the director of job and family services~~ under	116502
~~Chapter 119.~~section 5162.02 of the Revised Code. The rules shall	116503
be adopted in accordance with Chapter 119. of the Revised Code.	116504

Sec. 5163.01. As used in this chapter:

116505

"Caretaker relative" has the same meaning as in 42 C.F.R.	116506
435.4 as that regulation is amended effective January 1, 2014.	116507

"Children's hospital" has the same meaning as in section	116508
2151.86 of the Revised Code.	116509

"Federal financial participation" has the same meaning as in	116510
section 5160.01 of the Revised Code.	116511

"Federally qualified health center" has the same meaning as	116512
in the "Social Security Act," section 1905(l)(2)(B), 42 U.S.C.	116513
1396d(l)(2)(B).	116514

"Federally qualified health center look-alike" has the same	116515
meaning as in section 3701.047 of the Revised Code.	116516

"Federal poverty line" has the same meaning as in section	116517
5162.01 of the Revised Code.	116518

"Healthy start component" has the same meaning as in section	116519
5162.01 of the Revised Code.	116520

"Home and community-based services medicaid waiver component"	116521
has the same meaning as in section 5166.01 of the Revised Code.	116522

"Intermediate care facility for individuals with intellectual	116523
disabilities" and "ICF/IID" have the same meanings as in section	116524
5124.01 of the Revised Code.	116525

"Mandatory eligibility groups" means the groups of	116526
individuals that must be covered by the medicaid state plan as a	116527
condition of the state receiving federal financial participation	116528
for the medicaid program.	116529

"Medicaid buy-in for workers with disabilities program" means	116530
the component of the medicaid program established under sections	116531
5163.09 to 5163.0910 of the Revised Code.	116532

"Medicaid services" has the same meaning as in section	116533
5164.01 of the Revised Code.	116534

"Medicaid waiver component" has the same meaning as in	116535
section 5166.01 of the Revised Code.	116536

"Nursing facility" and "nursing facility services" have the	116537
same meanings as in section 5165.01 of the Revised Code.	116538

"Optional eligibility groups" means the groups of individuals	116539
who may be covered by the medicaid state plan or a federal	116540
medicaid waiver and for whom the medicaid program receives federal	116541
financial participation.	116542

"Other medicaid-funded long-term care services" has the	116543
meaning specified in rules adopted under section 5163.02 of the	116544
Revised Code.	116545

"Supplemental security income program" means the program	116546
established by Title XVI of the "Social Security Act," 42 U.S.C.	116547
1381 et seq.	116548

~~Sec. 5111.011.~~ Sec. 5163.02. ~~(A)~~ The medicaid director ~~of job and~~	116549
~~family services~~ shall adopt rules ~~establishing~~as necessary to	116550
implement this chapter. The rules shall establish eligibility	116551
requirements for the medicaid program. The rules may establish	116552
requirements for applying for medicaid and determining and	116553
verifying eligibility for medicaid. The rules shall be adopted	116554
~~pursuant to~~in accordance with section 111.15 of the Revised Code	116555
~~and shall be consistent with federal and state law~~. ~~The rules~~	116556
~~shall include rules that do all of the following:~~	116557

(~~1) Establish standards consistent with federal law for~~	116558
~~allocating income and resources as income and resources of the~~	116559
~~spouse, children, parents, or stepparents of a recipient of or~~	116560
~~applicant for medicaid;~~	116561

~~(2) Define the term "resources" as used in division (A)(1) of~~	116562
~~this section;~~	116563

~~(3) Specify the number of months that is to be used for the~~	116564
~~purpose of the term "look-back date" used in section 5111.0116 of~~	116565
~~the Revised Code;~~	116566

~~(4) Establish processes to be used to determine both of the~~	116567
~~following:~~	116568

~~(a) The date an institutionalized individual's ineligibility~~	116569
~~for services under section 5111.0116 of the Revised Code is to~~	116570
~~begin;~~	116571

~~(b) The number of months an institutionalized individual's~~	116572
~~ineligibility for such services is to continue.~~	116573

~~(5) For the purpose of division (C) of section 5111.0116 of~~	116574
~~the Revised Code, establish procedures for granting waivers of all~~	116575
~~or a portion of the period of ineligibility that an~~	116576
~~institutionalized individual would otherwise be subject to under~~	116577
~~that section and additional reasons for which such waivers may be~~	116578
~~granted;~~	116579

~~(6) Define the term "other medicaid-funded long-term care~~	116580
~~services" as used in sections 5111.0117 and 5111.0118 of the~~	116581
~~Revised Code;~~	116582

~~(7) For the purpose of division (C)(2)(c) of section~~	116583
~~5111.0117 of the Revised Code, establish the process to determine~~	116584
~~whether the child of an aged, blind, or disabled individual is~~	116585
~~financially dependent on the individual for housing.~~	116586

~~(B)~~ Notwithstanding any provision of state law, including	116587
statutes, administrative rules, common law, and court rules,	116588
regarding real or personal property or domestic relations, the	116589
standards established under rules adopted under ~~division (A)(1) of~~	116590
this section shall be used to determine eligibility for medicaid.	116591

Sec. 5163.03. (A) Subject to sections 5163.04 and 5163.05 of	116592
the Revised Code, the medicaid program shall cover all mandatory	116593
eligibility groups.	116594

(B) The medicaid program shall cover all of the optional	116595
eligibility groups that state statutes require the medicaid	116596
program to cover.	116597

(C) The medicaid program may cover any of the optional	116598
eligibility groups to which either of the following applies:	116599

(1) State statutes expressly permit the medicaid program to	116600
cover the optional eligibility group.	116601

(2) State statutes do not address whether the medicaid	116602
program may cover the optional eligibility group.	116603

(D) The medicaid program shall not cover any eligibility	116604
group that state statutes prohibit the medicaid program from	116605
covering.	116606

Sec. 5163.04. The medicaid program shall not cover the group	116607
described in the "Social Security Act," section	116608
1902(a)(10)(A)(i)(VIII), 42 U.S.C. 1396a(a)(10)(A)(i)(VIII).	116609

This section does not affect the medicaid eligibility of any	116610
individual who begins to participate in the metrohealth care plus	116611
medicaid waiver component on or after February 5, 2013.	116612

Sec. 5163.05. The medicaid program's eligibility	116613
requirements for aged, blind, and disabled individuals may be more	116614
restrictive than the eligibility requirements for the supplemental	116615
security income program. Any such more restrictive eligibility	116616
requirements shall be consistent with the 209(b) option described	116617
in the "Social Security Act," section 1902(f), 42 U.S.C. 1396a(f).	116618

Sec. 5163.06. The medicaid program shall cover all of the	116619
following optional eligibility groups:	116620

(A) The group consisting of children placed with adoptive	116621
parents who are specified in the "Social Security Act," section	116622
1902(a)(10)(A)(ii)(VIII), 42 U.S.C. 1396a(a)(10)(A)(ii)(VIII);	116623

(B) Subject to section 5163.061 of the Revised Code, the	116624
group consisting of women during pregnancy and the sixty-day	116625
period beginning on the last day of the pregnancy, infants, and	116626
children who are specified in the "Social Security Act," section	116627
1902(a)(10)(A)(ii)(IX), 42 U.S.C. 1396a(a)(10)(A)(ii)(IX);	116628

(C) Subject to sections 5163.09 to 5163.0910 of the Revised	116629
Code, the group consisting of employed individuals with	116630
disabilities who are specified in the "Social Security Act,"	116631
section 1902(a)(10)(A)(ii)(XV), 42 U.S.C. 1396a(a)(10)(A)(ii)(XV);	116632

(D) Subject to sections 5163.09 to 5163.0910 of the Revised	116633
Code, the group consisting of employed individuals with medically	116634
improved disabilities who are specified in the "Social Security	116635
Act," section 1902(a)(10)(A)(ii)(XVI), 42 U.S.C.	116636
1396a(a)(10)(A)(ii)(XVI);	116637

(E) The group consisting of independent foster care	116638
adolescents who are specified in the "Social Security Act,"	116639
section 1902(a)(10)(A)(ii)(XVII), 42 U.S.C.	116640
1396a(a)(10)(A)(ii)(XVII);	116641

(F) The group consisting of women in need of treatment for	116642
breast or cervical cancer who are specified in the "Social	116643
Security Act," section 1902(a)(10)(A)(ii)(XVIII), 42 U.S.C.	116644
1396a(a)(10)(A)(ii)(XVIII);	116645

(G) The group consisting of nonpregnant individuals who may	116646
receive family planning services and supplies and are specified in	116647
the "Social Security Act," section 1902(a)(10)(A)(ii)(XXI), 42	116648
U.S.C. 1396a(a)(10)(A)(ii)(XXI).	116649

Sec. 5163.061. The income eligibility threshold is two	116650
hundred per cent of the federal poverty line for women during	116651
pregnancy and the sixty-day period beginning on the last day of	116652
the pregnancy who are covered by the medicaid program under	116653
division (B) of section 5163.06 of the Revised Code.	116654

Sec. 5163.07. The medicaid director shall implement the	116655
option authorized by the "Social Security Act," section	116656
1931(b)(2)(C), 42 U.S.C. 1396u-1(b)(2)(C), to set the income	116657
eligibility threshold at ninety per cent of the federal poverty	116658
line for parents and caretaker relatives who are covered by the	116659
medicaid program under that section of the "Social Security Act."	116660

Sec. 5163.08. The medicaid director shall implement the	116661
option authorized by the "Social Security Act," section	116662
1925(a)(5), 42 U.S.C. 1396r-6(a)(5), regarding the single	116663
twelve-month eligibility period for transitional medicaid.	116664

~~Sec. 5111.70.~~ Sec. 5163.09. (A) As used in sections ~~5111.70~~	116665
5163.09 to ~~5111.7011~~5163.0910 of the Revised Code:	116666

"Applicant" means an individual who applies to participate in	116667
the medicaid buy-in for workers with disabilities program.	116668

"Earned income" has the meaning established by rules ~~adopted~~	116669
~~under~~authorized by section ~~5111.708~~5163.098 of the Revised Code.	116670

"Employed individual with a medically improved disability"	116671
has the same meaning as in the "Social Security Act," section	116672
1905(v), 42 U.S.C. 1396d(v).	116673

"Family" means an applicant or participant and the spouse and	116674
dependent children of the applicant or participant. If an	116675
applicant or participant is under eighteen years of age, "family"	116676
also means the parents of the applicant or participant.	116677

~~"Federal poverty guidelines" has the same meaning as in~~	116678
~~section 5101.46 of the Revised Code.~~	116679

"Health insurance" has the meaning established by rules	116680
~~adopted under~~authorized by section ~~5111.708~~5163.098 of the	116681
Revised Code.	116682

"Income" means earned income and unearned income.

116683

"Participant" means an individual who has been determined	116684
eligible for the medicaid buy-in for workers with disabilities	116685
program and is participating in the program.	116686

"Resources" has the meaning established by rules ~~adopted~~	116687
~~under~~authorized by section ~~5111.708~~5163.098 of the Revised Code.	116688

"Spouse" has the meaning established in rules ~~adopted under~~	116689
authorized by section ~~5111.708~~5163.098 of the Revised Code.	116690

~~"Supplemental security income program" means the program~~	116691
~~established under Title XVI of the "Social Security Act," 86 Stat.~~	116692
~~1329 (1972), 42 U.S.C. 1381, as amended.~~	116693

~~"Medicaid buy-in for workers with disabilities program" means~~	116694
~~the component of the medicaid program established under sections~~	116695
~~5111.70 to 5111.7011 of the Revised Code.~~	116696

"Unearned income" has the meaning established by rules	116697
~~adopted under~~authorized by section ~~5111.708~~5163.098 of the	116698
Revised Code.	116699

(B) ~~Not later than one hundred eighty days after the~~	116700
~~effective date of this section, the director of job and family~~	116701
~~services shall submit to the United States secretary of health and~~	116702
~~human services an amendment to the state medicaid plan and any~~	116703
~~federal waiver necessary to establish the medicaid buy-in for~~	116704
~~workers with disabilities program in accordance with~~The medicaid	116705
program's coverage of the optional eligibility groups specified in	116706
the "Social Security Act," section 1902(a)(10)(A)(ii)(XV) and	116707
(XVI), 42 U.S.C. 1396a(a) (10)(A)(ii)(XV) and (XVI) ~~and sections~~	116708
~~5111.70 to 5111.7011 of the Revised Code. The director shall~~	116709
~~implement sections 5111.701 to 5111.7011 of the Revised Code if~~	116710
~~the amendment and, if needed, federal waiver are approved~~shall be	116711
known as the medicaid buy-in for workers with disabilities	116712
program.	116713

~~Sec. 5111.701.~~ Sec. 5163.091. Under the medicaid buy-in for	116714
workers with disabilities program, an individual who does all of	116715
the following in accordance with rules ~~adopted under~~authorized by	116716
section ~~5111.708~~5163.098 of the Revised Code qualifies for	116717
~~medical assistance under~~ the medicaid program:	116718

(A) Applies for the medicaid buy-in for workers with	116719
disabilities program;	116720

(B) Provides satisfactory evidence of all of the following:

116721

(1) That the individual is at least sixteen years of age and	116722
under sixty-five years of age;	116723

(2) Except as provided in section ~~5111.706~~5163.096 of the	116724
Revised Code, that one of the following applies to the individual:	116725

(a) The individual is considered disabled for the purpose of	116726
the supplemental security income program, regardless of whether	116727
the individual receives supplemental security income benefits, and	116728
the individual has earnings from employment.	116729

(b) The individual is an employed individual with a medically	116730
improved disability.	116731

(3) That the value of the individual's resources, less	116732
amounts disregarded pursuant to rules ~~adopted under~~authorized by	116733
section ~~5111.708~~5163.098 of the Revised Code, does not exceed the	116734
amount provided for by section ~~5111.702~~5163.092 of the Revised	116735
Code;	116736

(4) That the individual's income, less amounts disregarded	116737
pursuant to section ~~5111.703~~5163.093 of the Revised Code, does	116738
not exceed two hundred fifty per cent of the federal poverty	116739
~~guidelines~~line;	116740

(5) That the individual meets the additional eligibility	116741
requirements for the medicaid buy-in for workers with disabilities	116742
program ~~that the director of job and family services establishes~~	116743
established in rules ~~adopted under~~authorized by section ~~5111.708~~	116744
5163.098 of the Revised Code.	116745

(C) To the extent required by section ~~5111.704~~5163.094 of	116746
the Revised Code, pays the premium established under that section.	116747

~~Sec. 5111.702.~~ Sec. 5163.092. (A) Except as provided in division	116748
(B) of this section, the maximum value of resources, less amounts	116749
disregarded pursuant to rules ~~adopted under~~authorized by section	116750
~~5111.708~~5163.098 of the Revised Code, that an individual may have	116751
without the individual exceeding the resource eligibility limit	116752
for the medicaid buy-in for workers with disabilities program	116753
shall not exceed ten thousand dollars.	116754

(B) Each calendar year, the medicaid director ~~of job and~~	116755
~~family services~~ shall adjust the resource eligibility limit	116756
specified in division (A) of this section by the change in the	116757
consumer price index for all items for all urban consumers for the	116758
previous calendar year, as published by the United States bureau	116759
of labor statistics. The annual adjustment shall go into effect on	116760
the earliest date possible.	116761

~~Sec. 5111.703.~~ Sec. 5163.093. For the purpose of determining	116762
whether an individual is within the income eligibility limit for	116763
the medicaid buy-in for workers with disabilities program, all of	116764
the following apply:	116765

(A) Twenty thousand dollars of the individual's earned income	116766
shall be disregarded.	116767

(B) No amount that the individual's employer pays to obtain	116768
health insurance for one or more members of the individual's	116769
family, including any amount of a premium established under	116770
section ~~5111.704~~5163.094 of the Revised Code that the employer	116771
pays, shall be treated as the individual's income.	116772

(C) Any other amounts, if any, specified in rules ~~adopted~~	116773
~~under~~authorized by section ~~5111.708~~5163.098 of the Revised Code	116774
shall be disregarded from the individual's earned income, unearned	116775
income, or both.	116776

~~Sec. 5111.704.~~ Sec. 5163.094. An individual whose income exceeds	116777
one hundred fifty per cent of the federal poverty ~~guidelines~~line	116778
shall pay an annual premium as a condition of qualifying for the	116779
medicaid buy-in for workers with disabilities program. The amount	116780
of the premium shall be determined as follows:	116781

(A) Subtract one hundred fifty per cent of the federal	116782
poverty ~~guidelines~~line, as applicable for a family size equal to	116783
the size of the individual's family, from the amount of the income	116784
of the individual's family;	116785

(B) Subtract an amount specified in rules ~~adopted under~~	116786
authorized by section ~~5111.708~~5163.098 of the Revised Code from	116787
the difference determined under division (A) of this section;	116788

(C) Multiply the difference determined under division (B) of	116789
this section by one tenth.	116790

~~Sec. 5111.705.~~ Sec. 5163.095. No individual shall be denied	116791
eligibility for the medicaid buy-in for workers with disabilities	116792
program on the basis that the individual receives services under a	116793
home and community-based services medicaid waiver component as	116794
~~defined in section 5111.85 of the Revised Code~~.	116795

~~Sec. 5111.706.~~ Sec. 5163.096. An individual participating in the	116796
medicaid buy-in for workers with disabilities program may continue	116797
to participate in the program for up to six months even though the	116798
individual ceases to have earnings from employment or to be an	116799
employed individual with a medically improved disability due to	116800
ceasing to be employed if the individual continues to meet all	116801
other eligibility requirements for the program.	116802

~~Sec. 5111.707.~~ Sec. 5163.097. If the United States secretary of	116803
health and human services requires that a provision ~~in the~~	116804
~~amendment to the state medicaid plan or the federal waiver request~~	116805
~~submitted under section 5111.70 of the Revised Code~~of the	116806
medicaid buy-in for workers with disabilities program be changed	116807
or removed in order for the secretary to approve the ~~amendment or~~	116808
~~waiver~~program or to avoid an extended delay in the secretary's	116809
approval, the medicaid director ~~of job and family services~~ shall	116810
make the change or removal. The change or removal may cause the	116811
medicaid buy-in for workers with disabilities program to include a	116812
provision that is inconsistent with sections ~~5111.70~~5163.09 to	116813
~~5111.706~~5163.096 of the Revised Code. Such a change or removal	116814
shall be made only to the extent necessary to obtain the United	116815
States secretary's approval or avoid an extended delay in the	116816
secretary's approval and shall be reflected in rules ~~adopted~~	116817
~~under~~authorized by section ~~5111.708~~5163.098 of the Revised Code.	116818

~~Sec. 5111.708.~~ Sec. 5163.098. (A) The medicaid director ~~of job and~~	116819
~~family services~~ shall adopt rules ~~in accordance with Chapter 119.~~	116820
under section 5163.02 of the Revised Code as necessary to	116821
implement the medicaid buy-in for workers with disabilities	116822
program. The rules shall do all of the following:	116823

(1) Specify assets, asset values, and amounts to be	116824
disregarded in determining asset and income eligibility limits for	116825
the program;	116826

(2) Establish meanings for the terms "earned income," "health	116827
insurance," "resources," "spouse," and "unearned income";	116828

(3) Establish additional eligibility requirements for the	116829
program that must be established for the United States secretary	116830
of health and human services to approve the program;	116831

(4) For the purpose of division (B) of section ~~5111.704~~	116832
5163.094 of the Revised Code, specify an amount to be subtracted	116833
from the difference determined under division (A) of that section.	116834

(B) The director may adopt rules ~~in accordance with Chapter~~	116835
~~119.~~under section 5163.02 of the Revised Code to specify amounts	116836
to be disregarded from an individual's earned income, unearned	116837
income, or both under division (C) of section ~~5111.703~~5163.093 of	116838
the Revised Code for the purpose of determining whether the	116839
individual is within the income eligibility limit for the medicaid	116840
buy-in for workers with disabilities program.	116841

~~Sec. 5111.709.~~ Sec. 5163.099. (A) There is hereby created the	116842
medicaid buy-in advisory council. The council shall consist of all	116843
of the following:	116844

(1) The following voting members:

116845

(a) The executive director of assistive technology of Ohio or	116846
the executive director's designee;	116847

(b) The director of the axis center for public awareness of	116848
people with disabilities or the director's designee;	116849

(c) The executive director of the cerebral palsy association	116850
of Ohio or the executive director's designee;	116851

(d) The chief executive officer of Ohio advocates for mental	116852
health or the chief executive officer's designee;	116853

(e) The state director of the Ohio chapter of AARP or the	116854
state director's designee;	116855

(f) The director of the Ohio developmental disabilities	116856
council created under section 5123.35 of the Revised Code or the	116857
director's designee;	116858

(g) The executive director of the governor's council on	116859
people with disabilities created under section 3303.41 of the	116860
Revised Code or the executive director's designee;	116861

(h) The chairperson of the Ohio Olmstead task force or the	116862
chairperson's designee;	116863

(i) The executive director of the Ohio statewide independent	116864
living council or the executive director's designee;	116865

(j) The president of the Ohio chapter of the national	116866
multiple sclerosis society or the president's designee;	116867

(k) The executive director of the arc of Ohio or the	116868
executive director's designee;	116869

(l) The executive director of the commission on minority	116870
health or the executive director's designee;	116871

(m) The executive director of the brain injury association of	116872
Ohio or the executive director's designee;	116873

(n) The executive officer of any other advocacy organization	116874
who volunteers to serve on the council, or such an executive	116875
officer's designee, if the other voting members, at a meeting	116876
called by the chairperson elected under division (C) of this	116877
section, determine it is appropriate for the advocacy organization	116878
to be represented on the council;	116879

(o) One or more participants who volunteer to serve on the	116880
council and are selected by the other voting members at a meeting	116881
the chairperson calls after the medicaid buy-in for workers with	116882
disabilities program is implemented.	116883

(2) The following non-voting members:

116884

(a) The medicaid director ~~of job and family services~~ or the	116885
director's designee;	116886

(b) The ~~administrator~~executive director of the	116887
~~rehabilitation services commission~~opportunities for Ohioans with	116888
disabilities agency or the ~~administrator's~~executive director's	116889
designee;	116890

(c) ~~The director of alcohol and drug addiction services or~~	116891
~~the director's designee;~~	116892

~~(d)~~ The director of developmental disabilities or the	116893
director's designee;	116894

~~(e)~~(d) The director of mental health and addiction services	116895
or the director's designee;	116896

~~(f)~~(e) The executive officer of any other government entity,	116897
or the executive officer's designee, if the voting members, at a	116898
meeting called by the chairperson, determine it is appropriate for	116899
the government entity to be represented on the council.	116900

(B) All members of the medicaid buy-in advisory council shall	116901
serve without compensation or reimbursement, except as serving on	116902
the council is considered part of their usual job duties.	116903

(C) The voting members of the medicaid buy-in advisory	116904
council shall elect one of the members of the council to serve as	116905
the council's chairperson for a two-year term. The chairperson may	116906
be re-elected to successive terms.	116907

(D) The department of ~~job and family services~~medicaid shall	116908
provide the Ohio medicaid buy-in advisory council with	116909
accommodations for the council to hold its meetings and shall	116910
provide the council with other administrative assistance the	116911
council needs to perform its duties.	116912

~~Sec. 5111.7011.~~ Sec. 5163.0910. Not less than once each year, the	116913
medicaid director ~~of job and family services~~ shall submit a	116914
report on the medicaid buy-in for workers with disabilities	116915
program to the governor, speaker and minority leader of the house	116916
of representatives, president and minority leader of the senate,	116917
and chairpersons of the house and senate committees to which the	116918
biennial operating budget bill is referred. The report shall	116919
include all of the following information:	116920

(A) The number of individuals who participated in the	116921
medicaid buy-in for workers with disabilities program;	116922

(B) The cost of the program;

116923

(C) The amount of revenue generated by premiums that	116924
participants pay under section ~~5111.704~~5163.094 of the Revised	116925
Code;	116926

(D) The average amount of earned income of participants'	116927
families;	116928

(E) The average amount of time participants have participated	116929
in the program;	116930

(F) The types of other health insurance participants have	116931
been able to obtain.	116932

~~Sec. 5111.0124.~~ Sec. 5163.10. (A) As used in this section:

116933

~~"Children's hospital" has the same meaning as in section~~	116934
~~2151.86 of the Revised Code.~~	116935

~~"Federally-qualified health center" has the same meaning as~~	116936
~~in 42 U.S.C. 1396d(l)(2)(B).~~	116937

~~"Federally qualified health center look-alike" has the same~~	116938
~~meaning as in section 3701.047 of the Revised Code.~~	116939

"Presumptive eligibility for pregnant women option" means the	116940
option available under the "Social Security Act," section 1920, 42	116941
U.S.C. 1396r-1, to make ambulatory prenatal care available to	116942
pregnant women under the medicaid program during presumptive	116943
eligibility periods.	116944

"Qualified provider" has the same meaning as in the "Social	116945
Security Act," section 1920(b)(2), 42 U.S.C. 1396r-1(b)(2).	116946

(B) The medicaid director ~~of job and family services~~ shall	116947
~~submit a medicaid state plan amendment to the United States~~	116948
~~secretary of health and human services to~~ implement the	116949
presumptive eligibility for pregnant women option. ~~The director~~	116950
~~shall include in the medicaid state plan amendment a request to~~	116951
~~authorize children's~~Children's hospitals, federally qualified	116952
health centers, and federally qualified health center look-alikes,	116953
if they are eligible to be qualified providers ~~under 42 U.S.C.~~	116954
~~1396r-1(b)(2)~~ and request to serve as qualified providers, tomay	116955
serve as qualified providers for purposes of the presumptive	116956
eligibility for pregnant women option. The director may ~~include in~~	116957
~~the medicaid state plan amendment a request to~~ authorize other	116958
types of providers that are eligible to be qualified providers	116959
~~under 42 U.S.C. 1396r-1(b)(2)~~ and request to serve as qualified	116960
providers to serve as qualified providers for purposes of the	116961
presumptive eligibility for pregnant women option. ~~The director~~	116962
~~shall begin to implement the medicaid state plan amendment on the~~	116963
~~later of April 1, 2012, or a date that is not later than ninety~~	116964
~~days after the effective date of the approval of the amendment.~~	116965

~~The director shall adopt rules under section 5111.011 of the~~	116966
~~Revised Code as necessary to implement this section.~~	116967

~~Sec. 5111.0125.~~ Sec. 5163.101. (A) As used in this section:

116968

~~"Children's hospital" has the same meaning as in section~~	116969
~~2151.86 of the Revised Code.~~	116970

~~"Federally-qualified health center" has the same meaning as~~	116971
~~in 42 U.S.C. 1396d(l)(2)(B).~~	116972

~~"Federally qualified health center look-alike" has the same~~	116973
~~meaning as in section 3701.047 of the Revised Code.~~	116974

"Presumptive eligibility for children option" means the	116975
option available under the "Social Security Act," section 1920A,	116976
42 U.S.C. 1396r-1a, to make medical assistance with respect to	116977
health care items and services available to children under the	116978
medicaid program during presumptive eligibility periods.	116979

"Qualified entity" has the same meaning as in the "Social	116980
Security Act," section 1920A(b)(3), 42 U.S.C. 1396r-1a(b)(3).	116981

(B) The medicaid director ~~of job and family services~~ shall	116982
~~retain~~implement the presumptive eligibility for children option	116983
~~that was included in the state medicaid plan on the effective date~~	116984
~~of this section. The director shall submit a medicaid state plan~~	116985
~~amendment to the United States secretary of health and human~~	116986
~~services to authorize children's~~. Children's hospitals, federally	116987
qualified health centers, and federally qualified health center	116988
look-alikes, if they are eligible to be qualified entities ~~under~~	116989
~~42 U.S.C. 1396r-1a(b)(3)~~ and request to serve as qualified	116990
entities, tomay serve as qualified entities for purposes of the	116991
presumptive eligibility for children option. The director may	116992
~~include in the medicaid state plan amendment a request to~~	116993
authorize other types of entities that are eligible to be	116994
qualified entities ~~under 42 U.S.C. 1396r-1a(b)(3)~~ and request to	116995
serve as qualified entities to serve as qualified entities for	116996
purposes of the presumptive eligibility for children option. ~~The~~	116997
~~director shall begin to implement the medicaid state plan~~	116998
~~amendment on the later of April 1, 2012, or a date that is not~~	116999
~~later than ninety days after the effective date of the approval of~~	117000
~~the amendment.~~	117001

~~The director shall adopt rules under section 5111.011 of the~~	117002
~~Revised Code as necessary to implement this section.~~	117003

~~Sec. 5111.15.~~ Sec. 5163.20. If a medicaid recipient ~~of medical~~	117004
~~assistance~~ is the beneficiary of a trust created pursuant to	117005
section 5815.28 of the Revised Code, then, notwithstanding any	117006
contrary provision of this chapter or of a rule adopted ~~pursuant~~	117007
~~to this chapter~~under section 5163.02 of the Revised Code,	117008
divisions (C) and (D) of that section shall apply in determining	117009
the assets or resources of the recipient, the recipient's estate,	117010
the settlor, or the settlor's estate and to claims arising under	117011
this chapter against the recipient, the recipient's estate, the	117012
settlor, or the settlor's estate.	117013

~~Sec. 5111.151.~~ Sec. 5163.21. (A)(1) This section applies only to	117014
either of the following:	117015

(a) Initial eligibility determinations for the medicaid	117016
program ~~made by the department of job and family services pursuant~~	117017
~~to section 5101.47 of the Revised Code or by a county department~~	117018
~~of job and family services pursuant to section 5111.012 of the~~	117019
~~Revised Code~~;	117020

(b) An appeal from aan initial eligibility determination	117021
~~described in division (A)(1)(a) of this section~~ pursuant to	117022
section ~~5101.35~~5160.31 of the Revised Code.	117023

(2)(a) Except as provided in division (A)(2)(b) of this	117024
section, this section shall not be used by a court to determine	117025
the effect of a trust on an individual's initial eligibility for	117026
the medicaid program.	117027

(b) The prohibition in division (A)(2)(a) of this section	117028
does not apply to an appeal described in division (A)(1)(b) of	117029
this section.	117030

(B) As used in this section:

117031

(1) "Trust" means any arrangement in which a grantor	117032
transfers real or personal property to a trust with the intention	117033
that it be held, managed, or administered by at least one trustee	117034
for the benefit of the grantor or beneficiaries. "Trust" includes	117035
any legal instrument or device similar to a trust.	117036

(2) "Legal instrument or device similar to a trust" includes,	117037
but is not limited to, escrow accounts, investment accounts,	117038
partnerships, contracts, and other similar arrangements that are	117039
not called trusts under state law but are similar to a trust and	117040
to which all of the following apply:	117041

(a) The property in the trust is held, managed, retained, or	117042
administered by a trustee.	117043

(b) The trustee has an equitable, legal, or fiduciary duty to	117044
hold, manage, retain, or administer the property for the benefit	117045
of the beneficiary.	117046

(c) The trustee holds identifiable property for the	117047
beneficiary.	117048

(3) "Grantor" is a person who creates a trust, including all	117049
of the following:	117050

(a) An individual;

117051

(b) An individual's spouse;

117052

(c) A person, including a court or administrative body, with	117053
legal authority to act in place of or on behalf of an individual	117054
or an individual's spouse;	117055

(d) A person, including a court or administrative body, that	117056
acts at the direction or on request of an individual or the	117057
individual's spouse.	117058

(4) "Beneficiary" is a person or persons, including a	117059
grantor, who benefits in some way from a trust.	117060

(5) "Trustee" is a person who manages a trust's principal and	117061
income for the benefit of the beneficiaries.	117062

(6) "Person" has the same meaning as in section 1.59 of the	117063
Revised Code and includes an individual, corporation, business	117064
trust, estate, trust, partnership, and association.	117065

(7) "Applicant" is an individual who applies for medicaid or	117066
the individual's spouse.	117067

(8) "Recipient" is an individual who receives medicaid or the	117068
individual's spouse.	117069

(9) "Revocable trust" is a trust that can be revoked by the	117070
grantor or the beneficiary, including all of the following, even	117071
if the terms of the trust state that it is irrevocable:	117072

(a) A trust that provides that the trust can be terminated	117073
only by a court;	117074

(b) A trust that terminates on the happening of an event, but	117075
only if the event occurs at the direction or control of the	117076
grantor, beneficiary, or trustee.	117077

(10) "Irrevocable trust" is a trust that cannot be revoked by	117078
the grantor or terminated by a court and that terminates only on	117079
the occurrence of an event outside of the control or direction of	117080
the beneficiary or grantor.	117081

(11) "Payment" is any disbursal from the principal or income	117082
of the trust, including actual cash, noncash or property	117083
disbursements, or the right to use and occupy real property.	117084

(12) "Payments to or for the benefit of the applicant or	117085
recipient" is a payment to any person resulting in a direct or	117086
indirect benefit to the applicant or recipient.	117087

(13) "Testamentary trust" is a trust that is established by a	117088
will and does not take effect until after the death of the person	117089
who created the trust.	117090

(C)(1) If an applicant or recipient is a beneficiary of a	117091
trust, the applicant or recipient shall submit a complete copy of	117092
the trust instrument to the county department of job and family	117093
services and the department of medicaid. A copy shall be	117094
considered complete if it contains all pages of the trust	117095
instrument and all schedules, attachments, and accounting	117096
statements referenced in or associated with the trust. The copy is	117097
confidential and is not subject to disclosure under section 149.43	117098
of the Revised Code.	117099

(2) On receipt of a copy of a trust instrument or otherwise	117100
determining that an applicant or recipient is a beneficiary of a	117101
trust, the county department of job and family services shall	117102
determine what type of trust it is and shall treat the trust in	117103
accordance with the appropriate provisions of this section and	117104
rules adopted ~~by the department of job and family services~~under	117105
section 5163.02 of the Revised Code governing trusts. The county	117106
department of job and family services may determine that any of	117107
the following is the case regarding the trust or portion of the	117108
trust:	117109

(a) IsIt is a resource available to the applicant or	117110
recipient;	117111

(b) ~~Contains~~It contains income available to the applicant or	117112
recipient;	117113

(c) ~~Constitutes both items described in divisions~~Divisions	117114
(C)~~(1)~~(2)(a) and (b) of this section are both applicable;	117115

(d) ~~Is neither an item described in~~Neither division	117116
(C)~~(1)~~(2)(a) nor ~~(C)(1)~~(b) of this section is applicable.	117117

~~(2)~~(3) Except as provided in division (F) of this section, a	117118
trust or portion of a trust that is a resource available to the	117119
applicant or recipient or contains income available to the	117120
applicant or recipient shall be counted for purposes of	117121
determining medicaid eligibility.	117122

(D)(1) A trust or legal instrument or device similar to a	117123
trust shall be considered a medicaid qualifying trust if all of	117124
the following apply:	117125

(a) The trust was established on or prior to August 10, 1993.

117126

(b) The trust was not established by a will.

117127

117128

(d) The applicant or recipient is or may become the	117129
beneficiary of all or part of the trust.	117130

(e) Payment from the trust is determined by one or more	117131
trustees who are permitted to exercise any discretion with respect	117132
to the distribution to the applicant or recipient.	117133

(2) If a trust meets the requirement of division (D)(1) of	117134
this section, the amount of the trust that is considered by the	117135
county department of job and family services to be a resource	117136
available to the applicant or recipient shall be the maximum	117137
amount of payments permitted under the terms of the trust to be	117138
distributed to the applicant or recipient, assuming the full	117139
exercise of discretion by the trustee or trustees. The maximum	117140
amount shall include only amounts that are permitted to be	117141
distributed but are not distributed from either the income or	117142
principal of the trust.	117143

(3) Amounts that are actually distributed from a medicaid	117144
qualifying trust to a beneficiary for any purpose shall be treated	117145
in accordance with rules adopted ~~by the department of job and~~	117146
~~family services~~under section 5163.02 of the Revised Code	117147
governing income.	117148

(4) Availability of a medicaid qualifying trust shall be	117149
considered without regard to any of the following:	117150

(a) Whether or not the trust is irrevocable or was	117151
established for purposes other than to enable a grantor to qualify	117152
for medicaid~~, medical assistance for covered families and~~	117153
~~children, or as a qualified medicare beneficiary, specified~~	117154
~~low-income medicare beneficiary, qualifying individual-1, or~~	117155
~~qualifying individual-2~~;	117156

(b) Whether or not the trustee actually exercises discretion.

117157

(5) If any real or personal property is transferred to a	117158
medicaid qualifying trust that is not distributable to the	117159
applicant or recipient, the transfer shall be considered an	117160
improper disposition of assets and shall be subject to section	117161
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	117162
section adopted under section ~~5111.011~~5163.02 of the Revised	117163
Code.	117164

(6) The baseline date for the look-back period for	117165
disposition of assets involving a medicaid qualifying trust shall	117166
be the date on which the applicant or recipient is both	117167
institutionalized and first applies for medicaid.	117168

(E)(1) A trust or legal instrument or device similar to a	117169
trust shall be considered a self-settled trust if all of the	117170
following apply:	117171

(a) The trust was established on or after August 11, 1993.

117172

(b) The trust was not established by a will.

117173

(c) The trust was established by an applicant or recipient,	117174
spouse of an applicant or recipient, or a person, including a	117175
court or administrative body, with legal authority to act in place	117176
of or on behalf of an applicant, recipient, or spouse, or acting	117177
at the direction or on request of an applicant, recipient, or	117178
spouse.	117179

(2) A trust that meets the requirements of division (E)(1) of	117180
this section and is a revocable trust shall be treated by the	117181
county department of job and family services as follows:	117182

(a) The corpus of the trust shall be considered a resource	117183
available to the applicant or recipient.	117184

(b) Payments from the trust to or for the benefit of the	117185
applicant or recipient shall be considered unearned income of the	117186
applicant or recipient.	117187

(c) Any other payments from the trust shall be considered an	117188
improper disposition of assets and shall be subject to section	117189
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	117190
section adopted under section ~~5111.011~~5163.02 of the Revised	117191
Code.	117192

(3) A trust that meets the requirements of division (E)(1) of	117193
this section and is an irrevocable trust shall be treated by the	117194
county department of job and family services as follows:	117195

(a) If there are any circumstances under which payment from	117196
the trust could be made to or for the benefit of the applicant or	117197
recipient, including a payment that can be made only in the	117198
future, the portion from which payments could be made shall be	117199
considered a resource available to the applicant or recipient. The	117200
county department of job and family services shall not take into	117201
account when payments can be made.	117202

(b) Any payment that is actually made to or for the benefit	117203
of the applicant or recipient from either the corpus or income	117204
shall be considered unearned income.	117205

(c) If a payment is made to someone other than to the	117206
applicant or recipient and the payment is not for the benefit of	117207
the applicant or recipient, the payment shall be considered an	117208
improper disposition of assets and shall be subject to section	117209
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	117210
section adopted under section ~~5111.011~~5163.02 of the Revised	117211
Code.	117212

(d) The date of the disposition shall be the later of the	117213
date of establishment of the trust or the date of the occurrence	117214
of the event.	117215

(e) When determining the value of the disposed asset under	117216
this provision, the value of the trust shall be its value on the	117217
date payment to the applicant or recipient was foreclosed.	117218

(f) Any income earned or other resources added subsequent to	117219
the foreclosure date shall be added to the total value of the	117220
trust.	117221

(g) Any payments to or for the benefit of the applicant or	117222
recipient after the foreclosure date but prior to the application	117223
date shall be subtracted from the total value. Any other payments	117224
shall not be subtracted from the value.	117225

(h) Any addition of assets after the foreclosure date shall	117226
be considered a separate disposition.	117227

(4) If a trust is funded with assets of another person or	117228
persons in addition to assets of the applicant or recipient, the	117229
applicable provisions of this section and rules adopted ~~by the~~	117230
~~department of job and family services~~under section 5163.02 of the	117231
Revised Code governing trusts shall apply only to the portion of	117232
the trust attributable to the applicant or recipient.	117233

(5) The availability of a self-settled trust shall be	117234
considered without regard to any of the following:	117235

(a) The purpose for which the trust is established;

117236

(b) Whether the trustees have exercised or may exercise	117237
discretion under the trust;	117238

(c) Any restrictions on when or whether distributions may be	117239
made from the trust;	117240

(d) Any restrictions on the use of distributions from the	117241
trust.	117242

(6) The baseline date for the look-back period for	117243
dispositions of assets involving a self-settled trust shall be the	117244
date on which the applicant or recipient is both institutionalized	117245
and first applies for medicaid.	117246

(F) The principal or income from any of the following shall	117247
not be a resource available to the applicant or recipient:	117248

(1)(a) A special needs trust that meets all of the following	117249
requirements:	117250

(i) The trust contains assets of an applicant or recipient	117251
under sixty-five years of age and may contain the assets of other	117252
individuals.	117253

(ii) The applicant or recipient is disabled as defined in	117254
rules adopted ~~by the department of job and family services~~under	117255
section 5163.02 of the Revised Code.	117256

(iii) The trust is established for the benefit of the	117257
applicant or recipient by a parent, grandparent, legal guardian,	117258
or a court.	117259

(iv) The trust requires that on the death of the applicant or	117260
recipient the state will receive all amounts remaining in the	117261
trust up to an amount equal to the total amount of medicaid ~~paid~~	117262
payments made on behalf of the applicant or recipient.	117263

(b) If a special needs trust meets the requirements of	117264
division (F)(1)(a) of this section and has been established for a	117265
disabled applicant or recipient under sixty-five years of age, the	117266
exemption for the trust granted pursuant to division (F) of this	117267
section shall continue after the disabled applicant or recipient	117268
becomes sixty-five years of age if the applicant or recipient	117269
continues to be disabled as defined in rules adopted ~~by the~~	117270
~~department of job and family services~~under section 5163.02 of the	117271
Revised Code. Except for income earned by the trust, the grantor	117272
shall not add to or otherwise augment the trust after the	117273
applicant or recipient attains sixty-five years of age. An	117274
addition or augmentation of the trust by the applicant or	117275
recipient with the applicant's own assets after the applicant or	117276
recipient attains sixty-five years of age shall be treated as an	117277
improper disposition of assets.	117278

(c) Cash distributions to the applicant or recipient shall be	117279
counted as unearned income. All other distributions from the trust	117280
shall be treated as provided in rules adopted ~~by the department of~~	117281
~~job and family services~~under section 5163.02 of the Revised Code	117282
governing in-kind income.	117283

(d) Transfers of assets to a special needs trust shall not be	117284
treated as an improper transfer of resources. An asset held prior	117285
to the transfer to the trust shall be considered as a resource	117286
available to the applicant or recipient, income available to the	117287
applicant or recipient, or both a resource and income available to	117288
the individual.	117289

(2)(a) A qualifying income trust that meets all of the	117290
following requirements:	117291

(i) The trust is composed only of pension, social security,	117292
and other income to the applicant or recipient, including	117293
accumulated interest in the trust.	117294

(ii) The income is received by the individual and the right	117295
to receive the income is not assigned or transferred to the trust.	117296

(iii) The trust requires that on the death of the applicant	117297
or recipient the state will receive all amounts remaining in the	117298
trust up to an amount equal to the total amount of medicaid ~~paid~~	117299
payments made on behalf of the applicant or recipient.	117300

(b) No resources shall be used to establish or augment the	117301
trust.	117302

(c) If an applicant or recipient has irrevocably transferred	117303
or assigned the applicant's or recipient's right to receive income	117304
to the trust, the trust shall not be considered a qualifying	117305
income trust by the county department of job and family services.	117306

(d) Income placed in a qualifying income trust shall not be	117307
counted in determining an applicant's or recipient's eligibility	117308
for medicaid. The recipient of the funds may place any income	117309
directly into a qualifying income trust without those funds	117310
adversely affecting the applicant's or recipient's eligibility for	117311
medicaid. Income generated by the trust that remains in the trust	117312
shall not be considered as income to the applicant or recipient.	117313

(e) All income placed in a qualifying income trust shall be	117314
combined with any income available to the individual that is not	117315
placed in the trust to arrive at a base income figure to be used	117316
for spend down calculations.	117317

(f) The base income figure shall be used for post-eligibility	117318
deductions, including personal needs allowance, monthly income	117319
allowance, family allowance, and medical expenses not subject to	117320
third party payment. Any income remaining shall be used toward	117321
payment of patient liability. Payments made from a qualifying	117322
income trust shall not be combined with the base income figure for	117323
post-eligibility calculations.	117324

(g) The base income figure shall be used when determining the	117325
spend down budget for the applicant or recipient. Any income	117326
remaining after allowable deductions are permitted as provided	117327
under rules adopted ~~by the department of job and family services~~	117328
under section 5163.02 of the Revised Code shall be considered the	117329
applicant's or recipient's spend down liability.	117330

(3)(a) A pooled trust that meets all of the following	117331
requirements:	117332

(i) The trust contains the assets of the applicant or	117333
recipient of any age who is disabled as defined in rules adopted	117334
~~by the department of job and family services~~under section 5163.02	117335
of the Revised Code.	117336

(ii) The trust is established and managed by a nonprofit	117337
organization.	117338

(iii) A separate account is maintained for each beneficiary	117339
of the trust but, for purposes of investment and management of	117340
funds, the trust pools the funds in these accounts.	117341

(iv) Accounts in the trust are established by the applicant	117342
or recipient, the applicant's or recipient's parent, grandparent,	117343
or legal guardian, or a court solely for the benefit of	117344
individuals who are disabled.	117345

(v) The trust requires that, to the extent that any amounts	117346
remaining in the beneficiary's account on the death of the	117347
beneficiary are not retained by the trust, the trust pay to the	117348
state the amounts remaining in the trust up to an amount equal to	117349
the total amount of medicaid ~~paid~~payments made on behalf of the	117350
beneficiary.	117351

(b) Cash distributions to the applicant or recipient shall be	117352
counted as unearned income. All other distributions from the trust	117353
shall be treated as provided in rules adopted ~~by the department of~~	117354
~~job and family services~~under section 5163.02 of the Revised Code	117355
governing in-kind income.	117356

(c) Transfers of assets to a pooled trust shall not be	117357
treated as an improper disposition of assets. An asset held prior	117358
to the transfer to the trust shall be considered as a resource	117359
available to the applicant or recipient, income available to the	117360
applicant or recipient, or both a resource and income available to	117361
the applicant or recipient.	117362

(4) A supplemental services trust that meets the requirements	117363
of section 5815.28 of the Revised Code and to which all of the	117364
following apply:	117365

(a) A person may establish a supplemental services trust	117366
pursuant to section 5815.28 of the Revised Code only for another	117367
person who is eligible to receive services through one of the	117368
following agencies:	117369

(i) The department of developmental disabilities;

117370

(ii) A county board of developmental disabilities;

117371

(iii) The department of ~~mental health~~mental health and	117372
addiction services;	117373

(iv) A board of alcohol, drug addiction, and mental health	117374
services.	117375

(b) A county department of job and family services shall not	117376
determine eligibility for another agency's program. An applicant	117377
or recipient shall do one of the following:	117378

(i) Provide documentation from one of the agencies listed in	117379
division (F)(4)(a) of this section that establishes that the	117380
applicant or recipient was determined to be eligible for services	117381
from the agency at the time of the creation of the trust;	117382

(ii) Provide an order from a court of competent jurisdiction	117383
that states that the applicant or recipient was eligible for	117384
services from one of the agencies listed in division (F)(4)(a) of	117385
this section at the time of the creation of the trust.	117386

(c) At the time the trust is created, the trust principal	117387
does not exceed the maximum amount permitted. The maximum amount	117388
permitted in calendar year 2006 is two hundred twenty-two thousand	117389
dollars. Each year thereafter, the maximum amount permitted is the	117390
prior year's amount plus two thousand dollars.	117391

(d) A county department of job and family services shall	117392
review the trust to determine whether it complies with the	117393
provisions of section 5815.28 of the Revised Code.	117394

(e) Payments from supplemental services trusts shall be	117395
exempt as long as the payments are for supplemental services as	117396
defined in rules adopted ~~by the department of job and family~~	117397
~~services~~under section 5163.02 of the Revised Code. All	117398
supplemental services shall be purchased by the trustee and shall	117399
not be purchased through direct cash payments to the beneficiary.	117400

(f) If a trust is represented as a supplemental services	117401
trust and a county department of job and family services	117402
determines that the trust does not meet the requirements provided	117403
in division (F)(4) of this section and section 5815.28 of the	117404
Revised Code, the county department of job and family services	117405
shall not consider it an exempt trust.	117406

(G)(1) A trust or legal instrument or device similar to a	117407
trust shall be considered a trust established by an individual for	117408
the benefit of the applicant or recipient if all of the following	117409
apply:	117410

(a) The trust is created by a person other than the applicant	117411
or recipient.	117412

(b) The trust names the applicant or recipient as a	117413
beneficiary.	117414

(c) The trust is funded with assets or property in which the	117415
applicant or recipient has never held an ownership interest prior	117416
to the establishment of the trust.	117417

(2) Any portion of a trust that meets the requirements of	117418
division (G)(1) of this section shall be a resource available to	117419
the applicant or recipient only if the trust permits the trustee	117420
to expend principal, corpus, or assets of the trust for the	117421
applicant's or recipient's medical care, care, comfort,	117422
maintenance, health, welfare, general well being, or any	117423
combination of these purposes.	117424

(3) A trust that meets the requirements of division (G)(1) of	117425
this section shall be considered a resource available to the	117426
applicant or recipient even if the trust contains any of the	117427
following types of provisions:	117428

(a) A provision that prohibits the trustee from making	117429
payments that would supplant or replace medicaid or other public	117430
assistance;	117431

(b) A provision that prohibits the trustee from making	117432
payments that would impact or have an effect on the applicant's or	117433
recipient's right, ability, or opportunity to receive medicaid or	117434
other public assistance;	117435

(c) A provision that attempts to prevent the trust or its	117436
corpus or principal from being a resource available to the	117437
applicant or recipient.	117438

(4) A trust that meets the requirements of division (G)(1) of	117439
this section shall not be counted as a resource available to the	117440
applicant or recipient if at least one of the following	117441
circumstances applies:	117442

(a) If a trust contains a clear statement requiring the	117443
trustee to preserve a portion of the trust for another beneficiary	117444
or remainderman, that portion of the trust shall not be counted as	117445
a resource available to the applicant or recipient. Terms of a	117446
trust that grant discretion to preserve a portion of the trust	117447
shall not qualify as a clear statement requiring the trustee to	117448
preserve a portion of the trust.	117449

(b) If a trust contains a clear statement requiring the	117450
trustee to use a portion of the trust for a purpose other than	117451
medical care, care, comfort, maintenance, welfare, or general well	117452
being of the applicant or recipient, that portion of the trust	117453
shall not be counted as a resource available to the applicant or	117454
recipient. Terms of a trust that grant discretion to limit the use	117455
of a portion of the trust shall not qualify as a clear statement	117456
requiring the trustee to use a portion of the trust for a	117457
particular purpose.	117458

(c) If a trust contains a clear statement limiting the	117459
trustee to making fixed periodic payments, the trust shall not be	117460
counted as a resource available to the applicant or recipient and	117461
payments shall be treated in accordance with rules adopted ~~by the~~	117462
~~department of job and family services~~under section 5163.02 of the	117463
Revised Code governing income. Terms of a trust that grant	117464
discretion to limit payments shall not qualify as a clear	117465
statement requiring the trustee to make fixed periodic payments.	117466

(d) If a trust contains a clear statement that requires the	117467
trustee to terminate the trust if it is counted as a resource	117468
available to the applicant or recipient, the trust shall not be	117469
counted as such. Terms of a trust that grant discretion to	117470
terminate the trust do not qualify as a clear statement requiring	117471
the trustee to terminate the trust.	117472

(e) If a person obtains a judgment from a court of competent	117473
jurisdiction that expressly prevents the trustee from using part	117474
or all of the trust for the medical care, care, comfort,	117475
maintenance, welfare, or general well being of the applicant or	117476
recipient, the trust or that portion of the trust subject to the	117477
court order shall not be counted as a resource available to the	117478
applicant or recipient.	117479

(f) If a trust is specifically exempt from being counted as a	117480
resource available to the applicant or recipient by a provision of	117481
the Revised Code, rules, or federal law, the trust shall not be	117482
counted as such.	117483

(g) If an applicant or recipient presents a final judgment	117484
from a court demonstrating that the applicant or recipient was	117485
unsuccessful in a civil action against the trustee to compel	117486
payments from the trust, the trust shall not be counted as a	117487
resource available to the applicant or recipient.	117488

(h) If an applicant or recipient presents a final judgment	117489
from a court demonstrating that in a civil action against the	117490
trustee the applicant or recipient was only able to compel limited	117491
or periodic payments, the trust shall not be counted as a resource	117492
available to the applicant or recipient and payments shall be	117493
treated in accordance with rules adopted ~~by the department of job~~	117494
~~and family services~~under section 5163.02 of the Revised Code	117495
governing income.	117496

(i) If an applicant or recipient provides written	117497
documentation showing that the cost of a civil action brought to	117498
compel payments from the trust would be cost prohibitive, the	117499
trust shall not be counted as a resource available to the	117500
applicant or recipient.	117501

(5) Any actual payments to the applicant or recipient from a	117502
trust that meet the requirements of division (G)(1) of this	117503
section, including trusts that are not counted as a resource	117504
available to the applicant or recipient, shall be treated as	117505
provided in rules adopted ~~by the department of job and family~~	117506
~~services~~under section 5163.02 of the Revised Code governing	117507
income. Payments to any person other than the applicant or	117508
recipient shall not be considered income to the applicant or	117509
recipient. Payments from the trust to a person other than the	117510
applicant or recipient shall not be considered an improper	117511
disposition of assets.	117512

~~Sec. 5111.181.~~ Sec. 5163.22. (A) The general assembly hereby finds	117513
that the state has an insurable interest in ~~medical assistance~~	117514
medicaid recipients because of the state's statutory right to	117515
recover from the estate of a recipient state funds used to provide	117516
the recipient with ~~medical care and~~medicaid services.	117517

(B) As used in this section:

117518

(1) "Beneficiary" means the person or entity designated in a	117519
life insurance policy to receive the proceeds of the policy on the	117520
death of the insured or maturity of the policy.	117521

(2) "Owner" means the person who has the right to designate	117522
the beneficiary of a life insurance policy and to change the	117523
designation.	117524

(C) ~~Notwithstanding section 5111.011 of the Revised Code, the~~	117525
The value of a life insurance policy that would otherwise be	117526
considered a resource in determining eligibility for the ~~medical~~	117527
~~assistance~~medicaid program shall be excluded from any	117528
determination of a person's eligibility for the ~~medical assistance~~	117529
medicaid program if the owner designates the department of ~~job and~~	117530
~~family services~~medicaid as beneficiary of the policy. The	117531
department may pay premiums to keep the policy in force. Premiums	117532
paid by the department are ~~medical assistance~~medicaid payments	117533
correctly paid on behalf of a ~~medical assistance~~medicaid	117534
recipient and subject to recovery under section ~~5111.11~~5162.21 of	117535
the Revised Code.	117536

(D) The medicaid director ~~of job and family services~~ shall	117537
deposit the proceeds of a life insurance policy that do not exceed	117538
the amount the department may recover against the property and	117539
estate of the owner under section ~~5111.11~~5162.21 of the Revised	117540
Code into the general revenue fund. The director shall pay any	117541
remaining proceeds to the person designated by the owner. If the	117542
owner failed to designate a person, the director shall pay the	117543
remaining proceeds to the surviving spouse, or, if there is no	117544
surviving spouse, to the estate of the owner.	117545

(E) If the owner designates the department of ~~job and family~~	117546
~~services~~medicaid as the policy's beneficiary, the department	117547
shall notify the owner that the owner may designate a person to	117548
receive proceeds of the policy that exceed the amount the	117549
department may recover against the owner's property and estate	117550
under section ~~5111.11~~5162.21 of the Revised Code. The designation	117551
shall be made on a form provided by the department.	117552

~~(F) The department of job and family services shall not~~	117553
~~implement this section if implementation would violate any federal~~	117554
~~requirement unless the department receives a waiver of the~~	117555
~~requirement from the United States department of health and human~~	117556
~~services.~~	117557

~~Sec. 5111.0116.~~ Sec. 5163.30. (A) As used in this section:

117558

(1) "Assets" include all of an individual's income and	117559
resources and those of the individual's spouse, including any	117560
income or resources the individual or spouse is entitled to but	117561
does not receive because of action by any of the following:	117562

(a) The individual or spouse;

117563

(b) A person or government entity, including a court or	117564
administrative agency, with legal authority to act in place of or	117565
on behalf of the individual or spouse;	117566

(c) A person or government entity, including a court or	117567
administrative agency, acting at the direction or on the request	117568
of the individual or spouse.	117569

(2) "Home and community-based services" means home and	117570
community-based services furnished under a medicaid waiver granted	117571
by the United States secretary of health and human services under	117572
the "Social Security Act," section 1915(c) or (d), 42 U.S.C.	117573
1396n(c) or (d).	117574

(3) "Institutionalized individual" means a resident of a	117575
nursing facility, an inpatient in a medical institution for whom a	117576
payment is made based on a level of care provided in a nursing	117577
facility, or an individual described in the "Social Security Act,"	117578
section 1902(a)(10)(A)(ii)(VI), 42 U.S.C. 1396a(a)(10)(A)(ii)(VI).	117579

(4) "Look-back date" means the date that is a number of	117580
months specified in rules adopted under section ~~5111.011~~5163.02	117581
of the Revised Code immediately before either of the following:	117582

(a) The date an individual becomes an institutionalized	117583
individual if the individual is eligible for medicaid on that	117584
date;	117585

(b) The date an individual applies for medicaid while an	117586
institutionalized individual.	117587

(5) ~~"Nursing facility" has the same meaning as in section~~	117588
~~5111.20 of the Revised Code.~~	117589

~~(6)~~ "Nursing facility equivalent services" means services	117590
that are covered by the medicaid program, equivalent to nursing	117591
facility services, provided by an institution that provides the	117592
same level of care as a nursing facility, and provided to an	117593
inpatient of the institution who is a medicaid recipient eligible	117594
for medicaid-covered nursing facility equivalent services.	117595

~~(7) "Nursing facility services" means nursing facility~~	117596
~~services covered by the medicaid program that a nursing facility~~	117597
~~provides to a resident of the nursing facility who is a medicaid~~	117598
~~recipient eligible for medicaid-covered nursing facility services.~~	117599

~~(8)~~(6) "Undue hardship" means being deprived of either of the	117600
following:	117601

(a) Medical care such that an individual's health or life is	117602
endangered;	117603

(b) Food, clothing, shelter, or other necessities of life.

117604

(B) Except as provided in division (C) of this section and	117605
rules adopted under section ~~5111.011~~5163.02 of the Revised Code,	117606
an institutionalized individual is ineligible for nursing facility	117607
services, nursing facility equivalent services, and home and	117608
community-based services if the individual or individual's spouse	117609
disposes of assets for less than fair market value on or after the	117610
look-back date. The institutionalized individual's ineligibility	117611
shall begin on a date determined in accordance with rules adopted	117612
under section ~~5111.011~~5163.02 of the Revised Code and shall	117613
continue for a number of months determined in accordance with such	117614
rules.	117615

(C) An institutionalized individual may be granted a waiver	117616
of all or a portion of the period of ineligibility to which the	117617
individual would otherwise be subjected under division (B) of this	117618
section if the ineligibility would cause an undue hardship for the	117619
individual. An institutionalized individual shall be granted a	117620
waiver of all or a portion of the period of ineligibility if the	117621
administrator of the nursing facility in which the individual	117622
resides has notified the individual of a proposed transfer or	117623
discharge under section 3721.16 of the Revised Code due to failure	117624
to pay for the care the nursing facility has provided to the	117625
individual, the individual or the individual's sponsor requests a	117626
hearing on the proposed transfer or discharge in accordance with	117627
section 3721.161 of the Revised Code, and the transfer or	117628
discharge is upheld by a final determination that is not subject	117629
to further appeal. Waivers shall be granted in accordance with	117630
rules adopted under section ~~5111.011~~5163.02 of the Revised Code.	117631

(D) To secure compliance with this section, the medicaid	117632
director ~~of job and family services~~ may require an individual, as	117633
a condition of initial or continued eligibility for medicaid, to	117634
provide documentation of the individual's assets up to five years	117635
before the date the individual becomes an institutionalized	117636
individual if the individual is eligible for medicaid on that date	117637
or the date the individual applies for medicaid while an	117638
institutionalized individual. Documentation may include tax	117639
returns, records from financial institutions, and real property	117640
records.	117641

~~Sec. 5111.0117.~~ Sec. 5163.31. (A) ~~As used in this section and~~	117642
~~section 5111.0118 of the Revised Code:~~	117643

~~(1) "ICF/MR services" means intermediate care facility for~~	117644
~~the mentally retarded services covered by the medicaid program~~	117645
~~that an intermediate care facility for the mentally retarded~~	117646
~~provides to a resident of the facility who is a medicaid recipient~~	117647
~~eligible for medicaid-covered intermediate care facility for the~~	117648
~~mentally retarded services.~~	117649

~~(2) "Intermediate care facility for the mentally retarded"~~	117650
~~has the same meaning as in section 5111.20 of the Revised Code.~~	117651

~~(3) "Nursing facility" has the same meaning as in section~~	117652
~~5111.20 of the Revised Code.~~	117653

~~(4) "Nursing facility services" means nursing facility~~	117654
~~services covered by the medicaid program that a nursing facility~~	117655
~~provides to a resident of the nursing facility who is a medicaid~~	117656
~~recipient eligible for medicaid-covered nursing facility services.~~	117657

~~(5) "Other medicaid-funded long-term care services" has the~~	117658
~~meaning specified in rules adopted under section 5111.011 of the~~	117659
~~Revised Code.~~	117660

~~(B)~~ Except as provided by division ~~(C)~~(A) of this section and	117661
for the purpose of determining whether an aged, blind, or disabled	117662
individual is eligible for nursing facility services, ~~ICF/MR~~	117663
ICF/IID services, or other medicaid-funded long-term care	117664
services, the medicaid director ~~of job and family services~~ may	117665
consider an aged, blind, or disabled individual's real property to	117666
not be the individual's homestead or principal place of residence	117667
once the individual has resided in a nursing facility,	117668
~~intermediate care facility for the mentally retarded~~ICF/IID, or	117669
other medical institution for at least thirteen months.	117670

~~(C)~~(B) Division ~~(B)~~(A) of this section does not apply to an	117671
individual if any of the following reside in the individual's real	117672
property that, because of this division, continues to be	117673
considered the individual's homestead or principal place of	117674
residence:	117675

(1) The individual's spouse;

117676

(2) The individual's child if any of the following apply:

117677

(a) The child is under twenty-one years of age.

117678

(b) The child is considered blind or disabled under the	117679
"Social Security Act," section 1614, 42 U.S.C. 1382c.	117680

(c) The child is financially dependent on the individual for	117681
housing as determined in accordance with rules adopted under	117682
section ~~5111.011~~5163.02 of the Revised Code.	117683

(3) The individual's sibling if the sibling has a verified	117684
equity interest in the real property and resided in the real	117685
property for at least one year immediately before the date the	117686
individual was admitted to the nursing facility, ~~intermediate care~~	117687
~~facility for the mentally retarded~~ICF/IID, or other medical	117688
institution.	117689

~~Sec. 5111.0118.~~ Sec. 5163.32. (A) Except as otherwise provided by	117690
this section, no individual shall qualify for nursing facility	117691
services or other medicaid-funded long-term care services if the	117692
individual's equity interest in the individual's home exceeds five	117693
hundred thousand dollars. The medicaid director ~~of job and family~~	117694
~~services~~ shall increase this amount effective January 1, 2011, and	117695
the first day of each year thereafter, by the percentage increase	117696
in the consumer price index for all urban consumers (all items;	117697
United States city average), rounded to the nearest one thousand	117698
dollars.	117699

(B) This section does not apply to an individual if either of	117700
the following applies:	117701

(1) Either of the following lawfully reside in the	117702
individual's home:	117703

(a) The individual's spouse;

117704

(b) The individual's child if the child is under twenty-one	117705
years of age or, under the "Social Security Act," section 1614, 42	117706
U.S.C. 1382c, considered blind or disabled.	117707

(2) The individual qualifies, pursuant to the process	117708
established under division (C) of this section, for a waiver of	117709
this section due to a demonstrated hardship.	117710

(C) The director shall establish a process by which	117711
individuals may obtain a waiver of this section due to a	117712
demonstrated hardship. The process shall be consistent with the	117713
process for such waivers established by the United States	117714
secretary of health and human services under the "Social Security	117715
Act," section 1917(f)(4), 42 U.S.C. 1396p(f)(4).	117716

(D) Nothing in this section shall be construed as preventing	117717
an individual from using a reverse mortgage or home equity loan to	117718
reduce the individual's total equity interest in the home.	117719

~~Sec. 5111.114.~~ Sec. 5163.33. ~~As used in this section, "nursing~~	117720
~~facility" and "intermediate care facility for the mentally~~	117721
~~retarded" have the same meanings as in section 5111.20 of the~~	117722
~~Revised Code.~~	117723

(A) In determining the amount of income that a medicaid	117724
recipient ~~of medical assistance~~ must apply monthly toward payment	117725
of the cost of care in a nursing facility or ~~intermediate care~~	117726
~~facility for the mentally retarded~~ICF/IID, ~~the~~a county	117727
department of job and family services shall deduct from the	117728
recipient's monthly income a monthly personal needs allowance in	117729
accordance with ~~section 1902 of~~ the "Social Security Act," 49	117730
~~Stat. 620 (1935)~~section 1902(q), 42 U.S.C.~~A. 1396a, as amended~~	117731
1396a(q).	117732

~~For~~(B) In the case of a resident of a nursing facility, the	117733
monthly personal needs allowance shall be as follows:	117734

(1) Prior to January 1, 2014, not less than forty dollars for	117735
an individual resident and not less than eighty dollars for a	117736
married couple if both spouses are residents of a nursing facility	117737
and their incomes are considered available to each other in	117738
determining eligibility;	117739

(2) For calendar year 2014, not less than forty-five dollars	117740
for an individual resident and not less than ninety dollars for a	117741
married couple if both spouses are residents of a nursing facility	117742
and their incomes are considered available to each other in	117743
determining eligibility;	117744

(3) For calendar year 2015 and each calendar year thereafter,	117745
not less than fifty dollars for an individual resident and not	117746
less than one hundred dollars for a married couple if both spouses	117747
are residents of a nursing facility and their incomes are	117748
considered available to each other in determining eligibility.	117749

~~For~~(C) In the case of a resident of an ~~intermediate care~~	117750
~~facility for the mentally retarded~~ICF/IID, the monthly personal	117751
needs allowance shall be forty dollars unless the resident has	117752
earned income, in which case the monthly personal needs allowance	117753
shall be determined by the ~~state~~ department of ~~job and family~~	117754
~~services~~medicaid, or the department's designee, but shall not	117755
exceed one hundred five dollars.	117756

~~Sec. 5111.013.~~ Sec. 5163.40. (A) ~~The provision of medical~~	117757
~~assistance to pregnant women and young children who are eligible~~	117758
~~for medical assistance under division (C)(3) of section 5111.01 of~~	117759
~~the Revised Code, but who are not otherwise eligible for medical~~	117760
~~assistance under that section, shall be known as the healthy start~~	117761
~~program.~~	117762

~~(B)~~ The department of ~~job and family services~~medicaid shall	117763
do all of the following with regard to the application procedures	117764
for the healthy start component of the medicaid program:	117765

(1) Establish a short application form for the ~~program~~	117766
component that requires the applicant to provide no more	117767
information than is necessary for making determinations of	117768
eligibility for the ~~healthy start program~~component, except that	117769
the form may require applicants to provide their social security	117770
numbers. The form shall include a statement, which must be signed	117771
by the applicant, indicating that she does not choose at the time	117772
of making application for the ~~program~~component to apply for	117773
assistance provided under any other program administered by the	117774
department or the department of job and family services and that	117775
she understands that she is permitted at any other time to apply	117776
at the county department of job and family services of the county	117777
in which she resides for ~~any~~ other assistance administered by the	117778
department or the department of job and family services.	117779

(2) ~~To the extent permitted by federal law, do~~Do one or both	117780
of the following:	117781

(a) Distribute the application form for the ~~program~~component	117782
to each public or private entity that serves as a women, infants,	117783
and children clinic or as a child and family health clinic and to	117784
each administrative body for such clinics and train employees of	117785
each such ~~agency~~clinic or ~~entity~~administrative body to provide	117786
applicants assistance in completing the form;	117787

(b) In cooperation with the department of health, develop	117788
arrangements under which employees of county departments of job	117789
and family services are stationed at public or private ~~agencies or~~	117790
entities selected by the department of ~~job and family services~~	117791
medicaid that serve as women, infants, and children clinics; child	117792
and family health clinics; or administrative bodies for such	117793
clinics for the purpose both of assisting applicants for the	117794
~~program~~component in completing the application form and of making	117795
determinations at that location of eligibility for the ~~program~~	117796
component.	117797

(3) Establish performance standards by which a county	117798
department of job and family services' level of enrollment of	117799
persons potentially eligible for the ~~program~~component can be	117800
measured, and establish acceptable levels of enrollment for each	117801
county department.	117802

(4) Direct any county department of job and family services	117803
whose rate of enrollment of potentially eligible enrollees in the	117804
~~program~~component is below acceptable levels established under	117805
division ~~(B)~~(A)(3) of this section to implement corrective	117806
action. Corrective action may include but is not limited to any	117807
one or more of the following ~~to the extent permitted by federal~~	117808
~~law~~:	117809

(a) Establishing formal referral and outreach methods with	117810
local health departments and local entities receiving funding	117811
through the bureau of maternal and child health;	117812

(b) Designating a specialized intake unit within the county	117813
department for healthy start applicants;	117814

(c) Establishing abbreviated timeliness requirements to	117815
shorten the time between receipt of an application and the	117816
scheduling of an initial application interview;	117817

(d) Establishing a system for telephone scheduling of intake	117818
interviews for applicants;	117819

(e) Establishing procedures to minimize the time an applicant	117820
must spend in completing the application and eligibility	117821
determination process, including permitting applicants to complete	117822
the process at times other than the regular business hours of the	117823
county department and at locations other than the offices of the	117824
county department.	117825

~~(C) To the extent permitted by federal law, local funds,~~	117826
~~whether from public or private sources, expended by a county~~	117827
~~department for administration of the healthy start program shall~~	117828
~~be considered to have been expended by the state for the purpose~~	117829
~~of determining the extent to which the state has complied with any~~	117830
~~federal requirement that the state provide funds to match federal~~	117831
~~funds for medical assistance, except that this division shall not~~	117832
~~affect the amount of funds the county is entitled to receive under~~	117833
~~section 5101.16, 5101.161, or 5111.012 of the Revised Code.~~	117834

~~(D)~~(B) A county department of job and family services that	117835
maintains offices at more than one location shall accept	117836
applications for the healthy start ~~program~~component at all of	117837
those locations.	117838

~~(E) The director of job and family services shall adopt rules~~	117839
~~in accordance with section 111.15 of the Revised Code as necessary~~	117840
~~to implement this section.~~	117841

~~Sec. 5111.0119.~~ Sec. 5163.45. (A)(1) As used in this section,	117842
subject to division (A)(2) of this section, "state or local	117843
correctional facility" means any of the following:	117844

(a) A "state correctional institution," as defined in section	117845
2967.01 of the Revised Code;	117846

(b) A "local correctional facility," as defined in section	117847
2903.13 of the Revised Code;	117848

(c) A correctional facility that is privately operated and	117849
managed pursuant to section 9.06 of the Revised Code.	117850

(2) "State or local correctional facility" does not include	117851
any facility operated directly by or at the direction of the	117852
department of youth services.	117853

(B) If a person who is confined in a state or local	117854
correctional facility was a medicaid recipient immediately prior	117855
to being confined in the facility, all of the following apply:	117856

(1) The person's eligibility for medicaid while so confined	117857
shall be suspended due to the confinement.	117858

(2) No medicaid payment shall be made for any care, services,	117859
or supplies provided to the person during the suspension described	117860
in division (B)(1) of this section.	117861

(3) The suspension described in division (B)(1) of this	117862
section shall end upon the release of the person from the	117863
confinement.	117864

(4) Except as provided in division (C) of this section, the	117865
person shall not be required to reapply or undergo a	117866
redetermination of eligibility for medicaid when the suspension	117867
described in division (B)(1) of this section ends.	117868

(C) A person may be disenrolled from medicaid any time after	117869
the suspension described in division (B)(1) of this section ends	117870
if the person is no longer eligible for medicaid. A person may be	117871
required to undergo a redetermination of eligibility for medicaid	117872
any time after the suspension described in division (B)(1) of this	117873
section ends if it is time or past time for the person's	117874
eligibility redetermination or the person's circumstances have	117875
changed in a manner warranting a redetermination.	117876

~~(D) The department of job and family services shall take the~~	117877
~~steps necessary to begin implementation of this section not later~~	117878
~~than September 1, 2009.~~	117879

Sec. 5164.01. As used in this chapter:

117880

(A) "Early and periodic screening, diagnostic, and treatment	117881
services" has the same meaning as in the "Social Security Act,"	117882
section 1905(r), 42 U.S.C. 1396d(r).	117883

(B) "Federal financial participation" has the same meaning as	117884
in section 5160.01 of the Revised Code.	117885

(C) "Healthcheck" means the component of the medicaid program	117886
that provides early and periodic screening, diagnostic, and	117887
treatment services.	117888

(D) "Home and community-based services medicaid waiver	117889
component" has the same meaning as in section 5166.01 of the	117890
Revised Code.	117891

(E) "Hospital" has the same meaning as in section 3727.01 of	117892
the Revised Code.	117893

(F) "ICDS participant" means a dual eligible individual who	117894
participates in the integrated care delivery system.	117895

(G) "ICF/IID" has the same meaning as in section 5124.01 of	117896
the Revised Code.	117897

(H) "Integrated care delivery system" and "ICDS" mean the	117898
demonstration project authorized by section 5164.91 of the Revised	117899
Code.	117900

(I) "Mandatory services" means the health care services and	117901
items that must be covered by the medicaid state plan as a	117902
condition of the state receiving federal financial participation	117903
for the medicaid program.	117904

(J) "Medicaid managed care organization" has the same meaning	117905
as in section 5167.01 of the Revised Code.	117906

(K) "Medicaid provider" means a person or government entity	117907
with a valid provider agreement to provide medicaid services to	117908
medicaid recipients. To the extent appropriate in the context,	117909
"medicaid provider" includes a person or government entity	117910
applying for a provider agreement, a former medicaid provider, or	117911
both.	117912

(L) "Medicaid services" means either or both of the	117913
following:	117914

(1) Mandatory services;

117915

(2) Optional services that the medicaid program covers.

117916

(M) "Nursing facility" has the same meaning as in section	117917
5165.01 of the Revised Code.	117918

(N) "Optional services" means the health care services and	117919
items that may be covered by the medicaid state plan or a federal	117920
medicaid waiver and for which the medicaid program receives	117921
federal financial participation.	117922

(O) "Prescribed drug" has the same meaning as in 42 C.F.R.	117923
440.120.	117924

(P) "Provider agreement" means an agreement to which all of	117925
the following apply:	117926

(1) It is between a medicaid provider and the department of	117927
medicaid;	117928

(2) It provides for the medicaid provider to provide medicaid	117929
services to medicaid recipients;	117930

(3) It complies with 42 C.F.R. 431.107(b).

117931

(Q) "Terminal distributor of dangerous drugs" has the same	117932
meaning as in section 4729.01 of the Revised Code.	117933

~~Sec. 5111.02.~~ Sec. 5164.02. (A) The ~~director of job and family~~	117934
~~services shall adopt, and may amend or rescind, rules under~~	117935
medicaid director shall adopt rules as necessary to implement this	117936
chapter. The rules shall be adopted in accordance with Chapter	117937
119. of the Revised Code ~~establishing the amount, duration, and~~	117938
~~scope of medicaid services~~. ~~The rules shall be consistent with~~	117939
~~federal and state law. The rules may be different for different~~	117940
~~medicaid services. The~~	117941

(B) The rules shall establish all of the following:

117942

~~(A) The conditions under which the medicaid program shall~~	117943
~~cover and reimburse medicaid services;~~	117944

~~(B) The method of reimbursement applicable to each medicaid~~	117945
~~service~~(1) The amount, duration, and scope of the medicaid	117946
services covered by the medicaid program;	117947

~~(C)~~(2) The payment amount ~~of reimbursement~~for each medicaid	117948
service or, in lieu of ~~amounts~~the payment amount, ~~methods~~the	117949
method by which ~~amounts are~~the payment amount is to be determined	117950
for each medicaid service;	117951

~~(D)~~(3) Procedures for enforcing the rules adopted under this	117952
section that provide due process protections, including procedures	117953
for corrective action plans for, and imposing financial and	117954
administrative sanctions on, persons and government entities that	117955
violate the rules.	117956

(C) The rules may be different for different medicaid	117957
services.	117958

(D) The medicaid director is not required to adopt a rule	117959
establishing the payment amount for a medicaid service if the	117960
director adopts a rule establishing the method by which the	117961
payment amount is to be determined for the medicaid service and	117962
makes the payment amount available on the internet web site	117963
maintained by the department of medicaid.	117964

Sec. 5164.03. (A) The medicaid program shall cover all	117965
mandatory services.	117966

(B) The medicaid program shall cover all of the optional	117967
services that state statutes require the medicaid program to	117968
cover.	117969

(C) The medicaid program may cover any of the optional	117970
services to which either of the following applies:	117971

(1) State statutes expressly permit the medicaid program to	117972
cover the optional service;	117973

(2) State statutes do not address whether the medicaid	117974
program may cover the optional service.	117975

(D) The medicaid program shall not cover any optional	117976
services that state statutes prohibit the medicaid program from	117977
covering.	117978

~~Sec. 5111.04.~~ Sec. 5164.05. (A) As used in this section:

117979

(1) "Outpatient health facility" means a facility that	117980
provides comprehensive primary health services by or under the	117981
direction of a physician at least five days per week on a	117982
forty-hour per week basis to outpatients, is operated by the board	117983
of health of a city or general health district or another public	117984
agency or by a nonprofit private agency or organization under the	117985
direction and control of a governing board that has no	117986
health-related responsibilities other than the direction and	117987
control of one or more such outpatient health facilities, and	117988
receives at least seventy-five per cent of its operating funds	117989
from public sources, except that it does not include an outpatient	117990
hospital facility or a federally qualified health center as	117991
defined in ~~Sec. 1905(l) (2)(B) of~~ the "Social Security Act," ~~103~~	117992
~~Stat. 2264 (1989)~~section 1905(l)(2)(B), 42 U.S.C.A.	117993
1396d(l)(2)(B).	117994

(2) "Comprehensive primary health services" means preventive,	117995
diagnostic, therapeutic, rehabilitative, or palliative items or	117996
services that include all of the following:	117997

(a) Services of physicians, physician assistants, and	117998
certified nurse practitioners;	117999

(b) Diagnostic laboratory and radiological services;

118000

(c) Preventive health services, such as children's eye and	118001
ear examinations, perinatal services, well child services, and	118002
family planning services;	118003

(d) Arrangements for emergency medical services;

118004

(e) Transportation services.

118005

(3) "Certified nurse practitioner" has the same meaning as in	118006
section 4723.01 of the Revised Code.	118007

(B) ~~Outpatient~~Subject to division (C) of this section, the	118008
medicaid program shall cover comprehensive primary health services	118009
provided by outpatient health facilities ~~are a separate category~~	118010
~~of medical care provider under the rules governing the~~	118011
~~administration of the medical assistance program established under~~	118012
~~section 5111.01 of the Revised Code~~with valid provider	118013
agreements. ~~Rates of reimbursement for items and services provided~~	118014
~~by an outpatient health facility under this section shall be~~	118015
~~prospectively determined by the~~The department of ~~job and family~~	118016
~~services~~medicaid shall prospectively determine the medicaid	118017
payment rates for such comprehensive primary health services not	118018
less often than once each year,. The rates shall not be subject to	118019
retroactive adjustment based on actual costs incurred~~, and~~. The	118020
rates shall not exceed the maximum fee schedule or rates of	118021
payment, limitations based on reasonable costs or customary	118022
charges, and limitations based on combined payments received for	118023
furnishing comparable services, as are applicable to outpatient	118024
hospital facilities under ~~Title XVIII of~~ the ~~"Social Security Act~~	118025
medicare program." In determining ~~rates of reimbursement~~an	118026
outpatient health facility's rate prospectively, the department	118027
shall take into account the historic expenses of the facility, the	118028
operating requirements and services offered by the facility, and	118029
the geographical location of the facility, shall provide	118030
incentives for the efficient and economical utilization of the	118031
facility's resources, and shall ensure that the facility does not	118032
discriminate between classes of persons for whom or by whom	118033
payment for ~~items and~~the services is made.	118034

(C) AAn outpatient health facility does not qualify for	118035
~~classification as an outpatient health facility~~medicaid payments	118036
under this section unless it:	118037

(1) Has health and medical care policies developed with the	118038
advice of and subject to review by an advisory committee of	118039
professional personnel, including one or more physicians, one or	118040
more dentists if dental care is provided, and one or more	118041
registered nurses;	118042

(2) Has a medical director, a dental director, if dental care	118043
is provided, and a nursing director responsible for the execution	118044
of such policies, and has physicians, dentists, nursing, and	118045
ancillary staff appropriate to the scope of services provided;	118046

(3) Requires that the care of every patient be under the	118047
supervision of a physician, provides for medical care in case of	118048
emergency, has in effect a written agreement with one or more	118049
hospitals and one or more other outpatient facilities, and has an	118050
established system for the referral of patients to other resources	118051
and a utilization review plan and program;	118052

(4) Maintains clinical records on all patients;

118053

(5) Provides nursing services and other therapeutic services	118054
in compliance with applicable laws and rules and under the	118055
supervision of a registered nurse, and has a registered nurse on	118056
duty at all times when the facility is in operation;	118057

(6) Follows approved methods and procedures for the	118058
dispensing and administration of drugs and biologicals;	118059

(7) Maintains the accounting and record-keeping system	118060
required under federal laws and regulations for the determination	118061
of reasonable and allowable costs.	118062

~~Sec. 5111.029.~~ Sec. 5164.06. The medicaid program shall cover	118063
occupational therapy services provided by an occupational	118064
therapist licensed under section 4755.08 of the Revised Code.	118065
Coverage shall not be limited to services provided in a hospital	118066
or nursing facility. Any licensed occupational therapist may enter	118067
into a ~~medicaid~~ provider agreement with the department of ~~job and~~	118068
~~family services~~medicaid to provide occupational therapy services	118069
under the medicaid program.	118070

~~Sec. 5111.018.~~ Sec. 5164.07. (A) The ~~provision of medical~~	118071
~~assistance under this chapter~~medicaid program shall include	118072
coverage of inpatient care and follow-up care for a mother and her	118073
newborn as follows:	118074

(1) The ~~medical assistance~~ medicaid program shall cover a	118075
minimum of forty-eight hours of inpatient care following a normal	118076
vaginal delivery and a minimum of ninety-six hours of inpatient	118077
care following a cesarean delivery. Services covered as inpatient	118078
care shall include medical, educational, and any other services	118079
that are consistent with the inpatient care recommended in the	118080
protocols and guidelines developed by national organizations that	118081
represent pediatric, obstetric, and nursing professionals.	118082

(2) The ~~medical assistance~~medicaid program shall cover a	118083
physician-directed source of follow-up care. Services covered as	118084
follow-up care shall include physical assessment of the mother and	118085
newborn, parent education, assistance and training in breast or	118086
bottle feeding, assessment of the home support system, performance	118087
of any medically necessary and appropriate clinical tests, and any	118088
other services that are consistent with the follow-up care	118089
recommended in the protocols and guidelines developed by national	118090
organizations that represent pediatric, obstetric, and nursing	118091
professionals. The coverage shall apply to services provided in a	118092
medical setting or through home health care visits. The coverage	118093
shall apply to a home health care visit only if the health care	118094
professional who conducts the visit is knowledgeable and	118095
experienced in maternity and newborn care.	118096

When a decision is made in accordance with division (B) of	118097
this section to discharge a mother or newborn prior to the	118098
expiration of the applicable number of hours of inpatient care	118099
required to be covered, the coverage of follow-up care shall apply	118100
to all follow-up care that is provided within forty-eight hours	118101
after discharge. When a mother or newborn receives at least the	118102
number of hours of inpatient care required to be covered, the	118103
coverage of follow-up care shall apply to follow-up care that is	118104
determined to be medically necessary by the health care	118105
professionals responsible for discharging the mother or newborn.	118106

(B) Any decision to shorten the length of inpatient stay to	118107
less than that specified under division (A)(1) of this section	118108
shall be made by the physician attending the mother or newborn,	118109
except that if a nurse-midwife is attending the mother in	118110
collaboration with a physician, the decision may be made by the	118111
nurse-midwife. Decisions regarding early discharge shall be made	118112
only after conferring with the mother or a person responsible for	118113
the mother or newborn. For purposes of this division, a person	118114
responsible for the mother or newborn may include a parent,	118115
guardian, or any other person with authority to make medical	118116
decisions for the mother or newborn.	118117

(C) The department of ~~job and family services~~medicaid, in	118118
administering the ~~medical assistance~~medicaid program, may not do	118119
either of the following:	118120

(1) Terminate the ~~participation~~provider agreement of a	118121
health care professional or health care facility ~~as a provider~~	118122
~~under the program~~ solely for making recommendations for inpatient	118123
or follow-up care for a particular mother or newborn that are	118124
consistent with the care required to be covered by this section;	118125

(2) Establish or offer monetary or other financial incentives	118126
for the purpose of encouraging a person to decline the inpatient	118127
or follow-up care required to be covered by this section.	118128

(D) This section does not do any of the following:

118129

(1) Require the ~~medical assistance~~medicaid program to cover	118130
inpatient or follow-up care that is not received in accordance	118131
with the program's terms pertaining to the health care	118132
professionals and facilities from which ~~an individual~~a medicaid	118133
recipient is authorized to receive health care services.	118134

(2) Require a mother or newborn to stay in a hospital or	118135
other inpatient setting for a fixed period of time following	118136
delivery;	118137

(3) Require a child to be delivered in a hospital or other	118138
inpatient setting;	118139

(4) Authorize a nurse-midwife to practice beyond the	118140
authority to practice nurse-midwifery in accordance with Chapter	118141
4723. of the Revised Code;	118142

(5) Establish minimum standards of medical diagnosis, care,	118143
or treatment for inpatient or follow-up care for a mother or	118144
newborn. A deviation from the care required to be covered under	118145
this section shall not, on the basis of this section, give rise to	118146
a medical claim or derivative medical claim, as those terms are	118147
defined in section 2305.113 of the Revised Code.	118148

~~Sec. 5111.024.~~ Sec. 5164.08. (A) As used in this section,	118149
"screening mammography" means a radiologic examination utilized to	118150
detect unsuspected breast cancer at an early stage in asymptomatic	118151
women and includes the x-ray examination of the breast using	118152
equipment that is dedicated specifically for mammography,	118153
including the x-ray tube, filter, compression device, screens,	118154
film, and cassettes, and that has an average radiation exposure	118155
delivery of less than one rad mid-breast. "Screening mammography"	118156
includes two views for each breast. The term also includes the	118157
professional interpretation of the film.	118158

"Screening mammography" does not include diagnostic	118159
mammography.	118160

(B) ~~In addition to any other services required to be included~~	118161
~~in the program or for which federal approval is received, the~~	118162
~~medical assistance~~The medicaid program shall ~~include~~cover both	118163
of the following ~~if approval for use of federal funds is granted~~	118164
~~to the department by the federal agency responsible for~~	118165
~~distributing funds under Title XIX of the "Social Security Act,"~~	118166
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~:	118167

(1) ~~Effective July 1, 1993, screening~~Screening mammography	118168
to detect the presence of breast cancer in adult women;	118169

(2) ~~Effective January 1, 1993, cytologic~~Cytologic screening	118170
for the presence of cervical cancer.	118171

(C) The ~~service provided under~~medicaid program's coverage of	118172
screening mammography pursuant to division (B)(1) of this section	118173
shall be provided in accordance with all of the following:	118174

(1) If a woman is at least thirty-five years of age but under	118175
forty years of age, one screening mammography;	118176

(2) If a woman is at least forty years of age but under fifty	118177
years of age, either of the following:	118178

(a) One screening mammography every two years;

118179

(b) If a licensed physician has determined that the woman has	118180
risk factors to breast cancer, one screening mammography every	118181
year.	118182

(3) If a woman is at least fifty years of age but under	118183
sixty-five years of age, one screening mammography every year.	118184

(D) The ~~service provided under~~medicaid program's coverage of	118185
screening mammographies pursuant to division (B)(1) of this	118186
section shall be provided only for screening mammographies that	118187
are performed in a facility or mobile mammography screening unit	118188
that is accredited under the American college of radiology	118189
mammography accreditation program or in a hospital as defined in	118190
section 3727.01 of the Revised Code.	118191

(E) The ~~service provided under~~medicaid program's coverage of	118192
cytologic screenings pursuant to division (B)(2) of this section	118193
shall be provided only for cytologic screenings that are processed	118194
and interpreted in a laboratory certified by the college of	118195
American pathologists or in a hospital as defined in section	118196
3727.01 of the Revised Code.	118197

~~Sec. 5111.023.~~ Sec. 5164.15. (A) As used in this section:

118198

(1) "Community mental health ~~agency~~services provider or	118199
facility" means a community mental health ~~agency~~services provider	118200
or facility that has its community mental health services	118201
certified by the department of ~~mental health~~mental health and	118202
addiction services under section ~~5119.611~~5119.36 of the Revised	118203
Code or by the department of job and family services under section	118204
5103.03 of the Revised Code.	118205

(2) "Mental health professional" means a person qualified to	118206
work with mentally ill persons under the standards established by	118207
the director of ~~mental health~~mental health and addiction services	118208
pursuant to section ~~5119.611~~5119.36 of the Revised Code.	118209

(B) The ~~state~~ medicaid ~~plan~~program may ~~include provision of~~	118210
cover the following mental health services when provided by	118211
community mental health ~~agencies~~services providers or facilities:	118212

(1) Outpatient mental health services, including, but not	118213
limited to, preventive, diagnostic, therapeutic, rehabilitative,	118214
and palliative interventions rendered to individuals in an	118215
individual or group setting by a mental health professional in	118216
accordance with a plan of treatment appropriately established,	118217
monitored, and reviewed;	118218

(2) Partial-hospitalization mental health services rendered	118219
by persons directly supervised by a mental health professional;	118220

(3) Unscheduled, emergency mental health services of a kind	118221
ordinarily provided to persons in crisis when rendered by persons	118222
supervised by a mental health professional;	118223

(4) ~~Subject to receipt of federal approval, assertive~~	118224
Assertive community treatment and intensive home-based mental	118225
health services.	118226

(C) The department of ~~job and family services~~medicaid shall	118227
enter into a separate contract with the department of ~~mental~~	118228
~~health~~mental health and addiction services under section ~~5111.91~~	118229
5162.35 of the Revised Code with regard to the ~~component of~~mental	118230
health services the medicaid program ~~provided for by~~covers	118231
pursuant to this section.	118232

~~Sec. 5111.027.~~ Sec. 5164.20. ~~If the medicaid program provides~~	118233
~~prescription drug services to medicaid recipients, the~~The	118234
medicaid program shall not ~~provide reimbursement for prescription~~	118235
cover prescribed drugs for treatment of erectile dysfunction.	118236

~~Sec. 5111.042.~~ Sec. 5164.25. The departments of developmental	118237
disabilities and ~~job and family services~~medicaid may approve,	118238
reduce, deny, or terminate a medicaid service included in the	118239
individualized service plan developed for a medicaid recipient	118240
with mental retardation or other developmental disability who is	118241
eligible for medicaid case management services. If either	118242
department approves, reduces, denies, or terminates a service,	118243
that department shall timely notify the medicaid recipient that	118244
the recipient may ~~request a hearing under~~appeal pursuant to	118245
section ~~5101.35~~5160.31 of the Revised Code.	118246

~~Sec. 5111.016.~~ Sec. 5164.26. ~~(A) As used in this section,~~	118247
~~"healthcheck" has the same meaning as in section 3313.714 of the~~	118248
~~Revised Code.~~	118249

~~(B)~~ The department of ~~job and family services~~medicaid shall	118250
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	118251
~~establishing~~establish a combination of written and oral methods	118252
designed to provide information about healthcheck to all persons	118253
eligible for the program or their parents or guardians. The	118254
department shall ensure that its methods of providing information	118255
are effective. ~~The methods shall comply with federal law and~~	118256
~~regulations.~~	118257

Each ~~county department of job and family services or other~~	118258
entity that distributes or accepts applications for ~~medical~~	118259
~~assistance~~medicaid shall prominently display a notice that	118260
complies with the ~~rules adopted~~methods of providing information	118261
about healthcheck established under this ~~division~~section.	118262

Sec. 5164.30. No person or government entity may participate	118263
in the medicaid program as a medicaid provider without a valid	118264
provider agreement with the department of medicaid.	118265

~~Sec. 5111.053.~~ Sec. 5164.301. (A) As used in this section, "group	118266
practice" has the same meaning as in section 4731.65 of the	118267
Revised Code.	118268

(B) The department of ~~job and family services~~medicaid shall	118269
establish a process by which a physician assistant may enter into	118270
a ~~medicaid~~ provider agreement.	118271

(C)(1) Subject to division (C)(2) of this section, a claim	118272
for ~~reimbursement~~medicaid payment for a medicaid service provided	118273
by a physician assistant to a medicaid recipient may be submitted	118274
by the physician assistant who provided the service or the	118275
physician, group practice, clinic, or other health care facility	118276
that employs the physician assistant.	118277

(2) A claim for ~~reimbursement~~medicaid payment may be	118278
submitted by the physician assistant who provided the service only	118279
if the physician assistant has a valid provider agreement. When	118280
submitting the claim, the physician assistant shall use only the	118281
medicaid provider number the department has assigned to the	118282
physician assistant.	118283

~~(D) The director of job and family services may adopt rules~~	118284
~~under section 5111.02 of the Revised Code to implement this~~	118285
~~section.~~	118286

~~Sec. 5111.063.~~ Sec. 5164.31. (A) For the purpose of raising funds	118287
necessary to pay the expenses of implementing the provider	118288
screening requirements of subpart E of 42 C.F.R. Part 455 and	118289
except as provided in division (B) of this section, the department	118290
of ~~job and family services~~medicaid shall ~~charge~~collect an	118291
application fee tofrom a medicaid provider ~~seeking to enter into~~	118292
~~or renew a medicaid provider agreement, unless the provider is~~	118293
~~exempt from paying the application fee under 42 C.F.R. 455.460(a)~~	118294
before doing any of the following:	118295

(1) Entering into a provider agreement with a medicaid	118296
provider that seeks initial enrollment as a provider;	118297

(2) Entering into a provider agreement with a former medicaid	118298
provider that seeks re-enrollment as a provider;	118299

(3) Revalidating a medicaid provider's continued enrollment	118300
as a provider. ~~The~~	118301

(B) The department is not to collect an application fee from	118302
a medicaid provider that is exempt from paying the fee under 42	118303
C.F.R. 455.460(a).	118304

(C) The application fees shall be deposited into the health	118305
care services administration fund created under section ~~5111.94~~	118306
5162.54 of the Revised Code. Application fees are nonrefundable	118307
when collected in accordance with 42 C.F.R. 455.460(a).	118308

(D) The medicaid director ~~of job and family services~~ shall	118309
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	118310
of the Revised Code as necessary to implement this section,	118311
including a rule establishing the amount of the application fee	118312
~~that is charged~~to be collected under this section. The amount of	118313
the application fee shall not be set at an amount that is more	118314
than necessary to pay for the expenses of implementing the	118315
provider screening requirements.	118316

~~Sec. 5111.028.~~ Sec. 5164.32. (A) ~~Pursuant to section 5111.02 of~~	118317
~~the Revised Code, the director of job and family services shall~~	118318
~~adopt rules establishing procedures for the use of time-limited~~	118319
~~provider agreements under the medicaid program. Except as provided~~	118320
~~in division (E) of this section, all provider agreements shall be~~	118321
~~time-limited in accordance with the procedures established in the~~	118322
~~rules.~~	118323

~~The department of job and family services shall phase-in the~~	118324
~~use of time-limited provider agreements pursuant to this section~~	118325
~~during a period commencing not later than January 1, 2008, and~~	118326
~~ending January 1, 2015.~~	118327

~~(B) In the use of time-limited provider agreements pursuant~~	118328
~~to this section, all of the following apply:~~	118329

~~(1)~~ Each medicaid provider agreement shall expire not later	118330
than ~~seven~~five years from ~~the~~its effective date ~~of the~~	118331
~~agreement.~~	118332

~~(2) During the phase-in period specified in division (A) of~~	118333
~~this section, the department may provide for the conversion of~~. If	118334
a provider agreement ~~without a time limit~~entered into before the	118335
effective date of this amendment does not have a time limit, the	118336
department of medicaid shall convert the agreement to a provider	118337
agreement with a time limit. ~~The department may take an action to~~	118338
~~convert the provider agreement by sending a notice by regular mail~~	118339
~~to the address of the provider on record with the department~~	118340
~~advising the provider of the conversion.~~	118341

~~(3) The department may make the effective date of a provider~~	118342
~~agreement retroactive for a period not to exceed one year from the~~	118343
~~date of the provider's application for the agreement, as long as~~	118344
~~the provider met all medicaid program requirements during that~~	118345
~~period.~~	118346

~~(C)~~(B) The medicaid director shall adopt rules under section	118347
5164.02 of the Revised Code as necessary to implement this	118348
section. The rules ~~for use of time-limited provider agreements~~	118349
~~pursuant to this section~~ shall be consistent with subpart E of 42	118350
C.F.R. Part 455 and include a process for ~~re-enrollment of~~	118351
~~providers~~revalidating medicaid providers' continued enrollments	118352
as providers. All of the following apply to the ~~re-enrollment~~	118353
revalidation process:	118354

(1) The department ~~of job and family services may terminate a~~	118355
~~time-limited provider agreement or deny re-enrollment~~shall refuse	118356
to revalidate a provider's provider agreement when athe provider	118357
fails to file ana complete application for ~~re-enrollment~~	118358
revalidation within the time and in the manner required under the	118359
~~re-enrollment~~revalidation process.	118360

(2) If a provider files ana complete application for	118361
~~re-enrollment~~revalidation within the time and in the manner	118362
required under the ~~re-enrollment~~revalidation process, but the	118363
provider agreement expires before the department acts on the	118364
application or before the effective date of the department's	118365
decision on the application, the provider, subject to division	118366
(B)(3) of this section, may continue operating under the terms of	118367
the expired provider agreement until the effective date of the	118368
department's decision.	118369

(3) ~~A decision by the department to approve an application~~	118370
~~for re-enrollment becomes effective on the date of the~~	118371
~~department's decision. A decision by the department to deny~~	118372
~~re-enrollment shall take effect not sooner than thirty days after~~	118373
~~the date the department mails written notice of the decision to~~	118374
~~the provider. The department shall specify in the notice the date~~	118375
~~on which the provider is required to cease operating under the~~	118376
~~provider agreement~~If a provider continues operating under the	118377
terms of an expired provider agreement pursuant to division (B)(2)	118378
of this section and the department denies the provider's	118379
application for revalidation, medicaid payments shall not be made	118380
for services or items the provider provides during the period	118381
beginning on the date the provider agreement expired and ending on	118382
the effective date of a subsequent provider agreement, if any, the	118383
department enters into with the provider.	118384

~~(D) Pursuant to section 5111.06 of the Revised Code, the~~	118385
~~department is not required to take the actions specified in~~	118386
~~division (C)(1) of this section by issuing an order pursuant to an~~	118387
~~adjudication conducted in accordance with Chapter 119. of the~~	118388
~~Revised Code.~~	118389

~~(E) The use of time-limited provider agreements pursuant to~~	118390
~~this section does not apply to provider agreements issued to the~~	118391
~~following, including any provider agreements issued to the~~	118392
~~following that are otherwise time-limited under the medicaid~~	118393
~~program:~~	118394

~~(1) A managed care organization under contract with the~~	118395
~~department pursuant to section 5111.17 of the Revised Code;~~	118396

~~(2) A nursing facility, as defined in section 5111.20 of the~~	118397
~~Revised Code;~~	118398

~~(3) An intermediate care facility for the mentally retarded,~~	118399
~~as defined in section 5111.20 of the Revised Code;~~	118400

~~(4) A hospital.~~

118401

Sec. 5164.33. (A) The medicaid director may do the following	118402
for any reason permitted or required by federal law and when the	118403
director determines that the action is in the best interests of	118404
medicaid recipients or the state:	118405

(1) Deny, refuse to revalidate, suspend, or terminate a	118406
provider agreement;	118407

(2) Exclude an individual, provider of services or goods, or	118408
other entity from participation in the medicaid program.	118409

(B) No individual, provider, or entity excluded from	118410
participation in the medicaid program under this section shall do	118411
any of the following:	118412

(1) Own, or provide services to, any other medicaid provider	118413
or risk contractor;	118414

(2) Arrange for, render, or order services for medicaid	118415
recipients during the period of exclusion;	118416

(3) During the period of exclusion, receive direct payments	118417
under the medicaid program or indirect payments of medicaid funds	118418
in the form of salary, shared fees, contracts, kickbacks, or	118419
rebates from or through any other medicaid provider or risk	118420
contractor.	118421

(C) An individual, provider, or entity excluded from	118422
participation in the medicaid program under this section may	118423
request a reconsideration of the exclusion. The director shall	118424
adopt rules under section 5164.02 of the Revised Code governing	118425
the process for requesting a reconsideration.	118426

(D) Nothing in this section limits the applicability of	118427
section 5164.38 of the Revised Code to a medicaid provider.	118428

~~Sec. 5111.032.~~ Sec. 5164.34. (A) As used in this section:

118429

(1) "Criminal records check" has the same meaning as in	118430
section 109.572 of the Revised Code.	118431

(2) "Disqualifying offense" means any of the offenses listed	118432
or described in divisions (A)(3)(a) to (e) of section 109.572 of	118433
the Revised Code.	118434

(3) "Owner" means a person who has an ownership interest in a	118435
medicaid provider ~~or applicant to be a provider~~ in an amount	118436
designated in rules ~~adopted under~~authorized by this section.	118437

(4) "Person subject to the criminal records check	118438
requirement" means the following:	118439

(a) A medicaid provider ~~or applicant to be a provider~~ who is	118440
notified under division (E)(1) of this section that the provider	118441
~~or applicant~~ is subject to a criminal records check;	118442

(b) An owner or prospective owner, officer or prospective	118443
officer, or board member or prospective board member of a medicaid	118444
provider ~~or applicant to be a provider~~ if, pursuant to division	118445
(E)(1)(a) of this section, the owner or prospective owner, officer	118446
or prospective officer, or board member or prospective board	118447
member is specified in information given to the provider or	118448
~~applicant~~ under division (E)(1) of this section;	118449

(c) An employee or prospective employee of a medicaid	118450
provider ~~or applicant to be a provider~~ if both of the following	118451
apply:	118452

(i) The employee or prospective employee is specified,	118453
pursuant to division (E)(1)(b) of this section, in information	118454
given to the provider ~~or applicant~~ under division (E)(1) of this	118455
section.	118456

(ii) The provider ~~or applicant~~ is not prohibited by division	118457
(D)(3)(b) of this section from employing the employee or	118458
prospective employee.	118459

(5) ~~"Provider" means a person, institution, or entity that~~	118460
~~has a medicaid provider agreement with the department of job and~~	118461
~~family services.~~	118462

~~(6)~~ "Responsible entity" means the following:

118463

(a) With respect to a criminal records check required under	118464
this section for a medicaid provider ~~or applicant to be a~~	118465
~~provider~~, the department of ~~job and family services~~medicaid or	118466
the department's designee;	118467

(b) With respect to a criminal records check required under	118468
this section for an owner or prospective owner, officer or	118469
prospective officer, board member or prospective board member, or	118470
employee or prospective employee of a medicaid provider or	118471
~~applicant to be a provider~~, the provider ~~or applicant~~.	118472

(B) This section does not apply to any individual who is	118473
subject to a criminal records check under section 3712.09,	118474
3721.121, ~~5111.034,~~ 5123.081, or 5123.169, or 5164.341 of the	118475
Revised Code or any individual who is subject to a database review	118476
or criminal records check under section ~~173.394~~173.38, 3701.881,	118477
or ~~5111.033~~5164.342 of the Revised Code.	118478

(C) The department of ~~job and family services~~medicaid may do	118479
any of the following:	118480

(1) Require that any medicaid provider ~~or applicant to be a~~	118481
~~provider~~ submit to a criminal records check as a condition of	118482
~~having~~obtaining or maintaining a ~~medicaid~~ provider agreement;	118483

(2) Require that any medicaid provider ~~or applicant to be a~~	118484
~~provider~~ require an owner or prospective owner, officer or	118485
prospective officer, or board member or prospective board member	118486
of the provider ~~or applicant~~ submit to a criminal records check as	118487
a condition of being an owner, officer, or board member of the	118488
provider ~~or applicant~~;	118489

(3) Require that any medicaid provider ~~or applicant to be a~~	118490
~~provider~~ do the following:	118491

(a) If so required by rules ~~adopted under~~authorized by this	118492
section, determine pursuant to a database review conducted under	118493
division (F)(1)(a) of this section whether any employee or	118494
prospective employee of the provider ~~or applicant~~ is included in a	118495
database;	118496

(b) Unless the provider ~~or applicant~~ is prohibited by	118497
division (D)(3)(b) of this section from employing the employee or	118498
prospective employee, require the employee or prospective employee	118499
to submit to a criminal records check as a condition of being an	118500
employee of the provider ~~or applicant~~.	118501

(D)(1) The department or the department's designee shall deny	118502
or terminate a medicaid provider's ~~medicaid~~ provider agreement or	118503
~~deny an applicant's application for a medicaid provider agreement~~	118504
if the provider ~~or applicant~~ is a person subject to the criminal	118505
records check requirement and either of the following applies:	118506

(a) The provider ~~or applicant~~ fails to obtain the criminal	118507
records check after being given the information specified in	118508
division (G)(1) of this section.	118509

(b) Except as provided in rules ~~adopted under~~authorized by	118510
this section, the provider ~~or applicant~~ is found by the criminal	118511
records check to have been convicted of,or have pleaded guilty	118512
to~~, or been found eligible for intervention in lieu of conviction~~	118513
~~for~~ a disqualifying offense, regardless of the date of the	118514
conviction,or the date of entry of the guilty plea~~, or the date~~	118515
~~the applicant or provider was found eligible for intervention in~~	118516
~~lieu of conviction~~.	118517

(2) No medicaid provider ~~or applicant to be a provider~~ shall	118518
permit a person to be an owner, officer, or board member of the	118519
provider ~~or applicant~~ if the person is a person subject to the	118520
criminal records check requirement and either of the following	118521
applies:	118522

(a) The person fails to obtain the criminal records check	118523
after being given the information specified in division (G)(1) of	118524
this section.	118525

(b) Except as provided in rules ~~adopted under~~authorized by	118526
this section, the person is found by the criminal records check to	118527
have been convicted of,or have pleaded guilty to~~, or been found~~	118528
~~eligible for intervention in lieu of conviction for~~ a	118529
disqualifying offense, regardless of the date of the conviction,	118530
or the date of entry of the guilty plea~~, or the date the person~~	118531
~~was found eligible for intervention in lieu of conviction~~.	118532

(3) No medicaid provider ~~or applicant to be a provider~~ shall	118533
employ a person if any of the following apply:	118534

(a) The person has been excluded from ~~providing services or~~	118535
~~items under the~~being a medicaid ~~program~~provider, ~~the~~a medicare	118536
~~program operated pursuant to Title XVIII of the "Social Security~~	118537
~~Act~~provider," or provider for any other federal health care	118538
program.	118539

(b) If the person is subject to a database review conducted	118540
under division (F)(1)(a) of this section, the person is found by	118541
the database review to be included in a database and the rules	118542
~~adopted under~~authorized by this section regarding the database	118543
review prohibit the provider ~~or applicant~~ from employing a person	118544
included in the database.	118545

(c) If the person is a person subject to the criminal records	118546
check requirement, either of the following applies:	118547

(i) The person fails to obtain the criminal records check	118548
after being given the information specified in division (G)(1) of	118549
this section.	118550

(ii) Except as provided in rules ~~adopted under~~authorized by	118551
this section, the person is found by the criminal records check to	118552
have been convicted of,or have pleaded guilty to~~, or been found~~	118553
~~eligible for intervention in lieu of conviction for~~ a	118554
disqualifying offense, regardless of the date of the conviction,	118555
or the date of entry of the guilty plea~~, or the date the person~~	118556
~~was found eligible for intervention in lieu of conviction~~.	118557

(E)(1) The department or the department's designee shall	118558
inform each medicaid provider ~~or applicant to be a provider~~	118559
whether the provider ~~or applicant~~ is subject to a criminal records	118560
check. For providers with valid provider agreements, the	118561
information shall be given at times designated in rules ~~adopted~~	118562
~~under~~authorized by this section. For ~~applicants~~providers	118563
applying to be medicaid providers, the information shall be given	118564
at the time of initial application. When the information is given,	118565
the department or the department's designee shall specify the	118566
following:	118567

(a) Which of the provider's ~~or applicant's~~ owners or	118568
prospective owners, officers or prospective officers, or board	118569
members or prospective board members are subject to a criminal	118570
records check;	118571

(b) Which of the provider's ~~or applicant's~~ employees or	118572
prospective employees are subject to division (C)(3) of this	118573
section.	118574

(2) At times designated in rules ~~adopted under~~authorized by	118575
this section, a medicaid provider ~~or applicant to be a provider~~	118576
that is a person subject to the criminal records check requirement	118577
shall do the following:	118578

(a) Inform each person specified under division (E)(1)(a) of	118579
this section that the person is required to submit to a criminal	118580
records check as a condition of being an owner, officer, or board	118581
member of the provider ~~or applicant~~;	118582

(b) Inform each person specified under division (E)(1)(b) of	118583
this section that the person is subject to division (C)(3) of this	118584
section.	118585

(F)(1) If a medicaid provider ~~or applicant to be a provider~~	118586
is a person subject to the criminal records check requirement, the	118587
department or the department's designee shall require the conduct	118588
of a criminal records check by the superintendent of the bureau of	118589
criminal identification and investigation. A medicaid provider or	118590
~~applicant to be a provider~~ shall require the conduct of a criminal	118591
records check by the superintendent with respect to each of the	118592
persons specified under division (E)(1)(a) of this section. With	118593
respect to each employee and prospective employee specified under	118594
division (E)(1)(b) of this section, a medicaid provider or	118595
~~applicant to be a provider~~ shall do the following:	118596

(a) If rules ~~adopted under~~authorized by this section require	118597
the provider ~~or applicant~~ to conduct a database review to	118598
determine whether the employee or prospective employee is included	118599
in a database, conduct the database review in accordance with the	118600
rules;	118601

(b) Unless the provider ~~or applicant~~ is prohibited by	118602
division (D)(3)(b) of this section from employing the employee or	118603
prospective employee, require the conduct of a criminal records	118604
check of the employee or prospective employee by the	118605
superintendent.	118606

(2) If a person subject to the criminal records check	118607
requirement does not present proof of having been a resident of	118608
this state for the five-year period immediately prior to the date	118609
the criminal records check is requested or provide evidence that	118610
within that five-year period the superintendent has requested	118611
information about the person from the federal bureau of	118612
investigation in a criminal records check, the responsible entity	118613
shall require the person to request that the superintendent obtain	118614
information from the federal bureau of investigation as part of	118615
the criminal records check of the person. Even if the person	118616
presents proof of having been a resident of this state for the	118617
five-year period, the responsible entity may require that the	118618
person request that the superintendent obtain information from the	118619
federal bureau of investigation and include it in the criminal	118620
records check of the person.	118621

(G) Criminal records checks required by this section shall be	118622
obtained as follows:	118623

(1) The responsible entity shall provide each person subject	118624
to the criminal records check requirement information about	118625
accessing and completing the form prescribed pursuant to division	118626
(C)(1) of section 109.572 of the Revised Code and the standard	118627
impression sheet prescribed pursuant to division (C)(2) of that	118628
section.	118629

(2) The person subject to the criminal records check	118630
requirement shall submit the required form and one complete set of	118631
the person's fingerprint impressions directly to the	118632
superintendent for purposes of conducting the criminal records	118633
check using the applicable methods prescribed by division (C) of	118634
section 109.572 of the Revised Code. The person shall pay all fees	118635
associated with obtaining the criminal records check.	118636

(3) The superintendent shall conduct the criminal records	118637
check in accordance with section 109.572 of the Revised Code. The	118638
person subject to the criminal records check requirement shall	118639
instruct the superintendent to submit the report of the criminal	118640
records check directly to the responsible entity. If the	118641
department or the department's designee is not the responsible	118642
entity, the department or designee may require the responsible	118643
entity to submit the report to the department or designee.	118644

(H)(1) A medicaid provider ~~or applicant to be a provider~~ may	118645
employ conditionally a person for whom a criminal records check is	118646
required by this section prior to obtaining the results of the	118647
criminal records check if both of the following apply:	118648

(a) The provider ~~or applicant~~ is not prohibited by division	118649
(D)(3)(b) of this section from employing the person.	118650

(b) The person submits a request for the criminal records	118651
check not later than five business days after the person begins	118652
conditional employment.	118653

(2) A medicaid provider ~~or applicant to be a provider~~ that	118654
employs a person conditionally under division (H)(1) of this	118655
section shall terminate the person's employment if the results of	118656
the criminal records check request are not obtained within the	118657
period ending sixty days after the date the request is made.	118658
Regardless of when the results of the criminal records check are	118659
obtained, if the results indicate that the person has been	118660
convicted of,or has pleaded guilty to~~, or has been found eligible~~	118661
~~for intervention in lieu of conviction for~~ a disqualifying	118662
offense, the provider ~~or applicant~~ shall terminate the person's	118663
employment unless circumstances specified in rules ~~adopted under~~	118664
authorized by this section exist that permit the provider or	118665
~~applicant~~ to employ the person and the provider ~~or applicant~~	118666
chooses to employ the person.	118667

(I) The report of a criminal records check conducted pursuant	118668
to this section is not a public record for the purposes of section	118669
149.43 of the Revised Code and shall not be made available to any	118670
person other than the following:	118671

(1) The person who is the subject of the criminal records	118672
check or the person's representative;	118673

(2) The medicaid director ~~of job and family services~~ and the	118674
staff of the department who are involved in the administration of	118675
the medicaid program;	118676

(3) The department's designee;

118677

(4) The medicaid provider ~~or applicant to be a provider~~ who	118678
required the person who is the subject of the criminal records	118679
check to submit to the criminal records check;	118680

(5) An individual receiving or deciding whether to receive,	118681
from the subject of the criminal records check, home and	118682
community-based services available under the medicaid state plan;	118683

(6) A court, hearing officer, or other necessary individual	118684
involved in a case dealing with any of the following:	118685

(a) The denial or termination of a ~~medicaid~~ provider	118686
agreement;	118687

(b) A person's denial of employment, termination of	118688
employment, or employment or unemployment benefits;	118689

(c) A civil or criminal action regarding the medicaid	118690
program.	118691

(J) The medicaid director ~~of job and family services~~ may	118692
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	118693
of the Revised Code to implement this section. If the director	118694
adopts such rules, the rules shall designate the times at which a	118695
criminal records check must be conducted under this section. The	118696
rules may do any of the following:	118697

(1) Designate the categories of persons who are subject to a	118698
criminal records check under this section;	118699

(2) Specify circumstances under which the department or the	118700
department's designee may continue a ~~medicaid~~ provider agreement	118701
or issue a ~~medicaid~~ provider agreement ~~to an applicant~~ when the	118702
medicaid provider ~~or applicant~~ is found by a criminal records	118703
check to have been convicted of, pleaded guilty to, or been found	118704
eligible for intervention in lieu of conviction for a	118705
disqualifying offense;	118706

(3) Specify circumstances under which a medicaid provider or	118707
~~applicant to be a provider~~ may permit a person to be an employee,	118708
owner, officer, or board member of the provider ~~or applicant,~~ when	118709
the person is found by a criminal records check conducted pursuant	118710
to this section to have been convicted of,or have pleaded guilty	118711
to~~, or been found eligible for intervention in lieu of conviction~~	118712
~~for~~ a disqualifying offense;	118713

(4) Specify all of the following:

118714

(a) The circumstances under which a database review must be	118715
conducted under division (F)(1)(a) of this section to determine	118716
whether an employee or prospective employee of a medicaid provider	118717
~~or applicant to be a provider~~ is included in a database;	118718

(b) The procedures for conducting the database review;

118719

118720

(d) The circumstances under which a medicaid provider or	118721
~~applicant to be a provider~~ is prohibited from employing a person	118722
who is found by the database review to be included in a database.	118723

~~Sec. 5111.034.~~ Sec. 5164.341. (A) As used in this section:

118724

"Anniversary date" means the later of the effective date of	118725
the provider agreement relating to the independent provider or	118726
sixty days after September 26, 2003.	118727

"Applicant" means a person who has applied for a ~~medicaid~~	118728
provider agreement to provide home and community-based services as	118729
an independent provider under a home and community-based medicaid	118730
waiver component administered by the department of ~~job and family~~	118731
~~services~~medicaid.	118732

"Criminal records check" has the same meaning as in section	118733
109.572 of the Revised Code.	118734

"Disqualifying offense" means any of the offenses listed or	118735
described in divisions (A)(3)(a) to (e) of section 109.572 of the	118736
Revised Code.	118737

"Independent provider" means a person who has a ~~medicaid~~	118738
provider agreement to provide home and community-based services as	118739
an independent provider in a home and community-based services	118740
medicaid waiver component administered by the department of ~~job~~	118741
~~and family services~~medicaid.	118742

~~"Home and community-based services medicaid waiver component"~~	118743
~~has the same meaning as in section 5111.85 of the Revised Code.~~	118744

(B) The department of ~~job and family services~~medicaid or the	118745
department's designee shall deny an applicant's application for a	118746
~~medicaid~~ provider agreement and shall terminate an independent	118747
provider's ~~medicaid~~ provider agreement if either of the following	118748
applies:	118749

(1) After the applicant or independent provider is given the	118750
information and notification required by divisions (D)(2)(a) and	118751
(b) of this section, the applicant or independent provider fails	118752
to do either of the following:	118753

(a) Access, complete, or forward to the superintendent of the	118754
bureau of criminal identification and investigation the form	118755
prescribed pursuant to division (C)(1) of section 109.572 of the	118756
Revised Code or the standard impression sheet prescribed pursuant	118757
to division (C)(2) of that section;	118758

(b) Instruct the superintendent to submit the completed	118759
report of the criminal records check required by this section	118760
directly to the department or the department's designee.	118761

(2) Except as provided in rules ~~adopted under~~authorized by	118762
this section, the applicant or independent provider is found by a	118763
criminal records check required by this section to have been	118764
convicted of,or have pleaded guilty to~~, or been found eligible~~	118765
~~for intervention in lieu of conviction for~~ a disqualifying	118766
offense, regardless of the date of the conviction,or the date of	118767
entry of the guilty plea~~, or the date the applicant or independent~~	118768
~~provider was found eligible for intervention in lieu of~~	118769
~~conviction~~.	118770

(C)(1) The department or the department's designee shall	118771
inform each applicant, at the time of initial application for a	118772
~~medicaid~~ provider agreement, that the applicant is required to	118773
provide a set of the applicant's fingerprint impressions and that	118774
a criminal records check is required to be conducted as a	118775
condition of the department's approving the application.	118776

(2) Beginning on September 26, 2003, the department or the	118777
department's designee shall inform each independent provider on or	118778
before the time of the anniversary date of the ~~medicaid~~ provider	118779
agreement that the independent provider is required to provide a	118780
set of the independent provider's fingerprint impressions and that	118781
a criminal records check is required to be conducted.	118782

(D)(1) The department or the department's designee shall	118783
require an applicant to complete a criminal records check prior to	118784
entering into a ~~medicaid~~ provider agreement with the applicant.	118785
The department or the department's designee shall require an	118786
independent provider to complete a criminal records check at least	118787
annually. If an applicant or independent provider for whom a	118788
criminal records check is required by this section does not	118789
present proof of having been a resident of this state for the	118790
five-year period immediately prior to the date the criminal	118791
records check is requested or provide evidence that within that	118792
five-year period the superintendent of the bureau of criminal	118793
identification and investigation has requested information about	118794
the applicant or independent provider from the federal bureau of	118795
investigation in a criminal records check, the department or the	118796
department's designee shall request that the applicant or	118797
independent provider obtain through the superintendent a criminal	118798
records request from the federal bureau of investigation as part	118799
of the criminal records check of the applicant or independent	118800
provider. Even if an applicant or independent provider for whom a	118801
criminal records check request is required by this section	118802
presents proof of having been a resident of this state for the	118803
five-year period, the department or the department's designee may	118804
request that the applicant or independent provider obtain	118805
information through the superintendent from the federal bureau of	118806
investigation in the criminal records check.	118807

(2) The department or the department's designee shall provide	118808
the following to each applicant and independent provider for whom	118809
a criminal records check is required by this section:	118810

(a) Information about accessing, completing, and forwarding	118811
to the superintendent of the bureau of criminal identification and	118812
investigation the form prescribed pursuant to division (C)(1) of	118813
section 109.572 of the Revised Code and the standard impression	118814
sheet prescribed pursuant to division (C)(2) of that section;	118815

(b) Written notification that the applicant or independent	118816
provider is to instruct the superintendent to submit the completed	118817
report of the criminal records check directly to the department or	118818
the department's designee.	118819

(3) Each applicant and independent provider for whom a	118820
criminal records check is required by this section shall pay to	118821
the bureau of criminal identification and investigation the fee	118822
prescribed pursuant to division (C)(3) of section 109.572 of the	118823
Revised Code for the criminal records check conducted of the	118824
applicant or independent provider.	118825

(E) The report of any criminal records check conducted by the	118826
bureau of criminal identification and investigation in accordance	118827
with section 109.572 of the Revised Code and pursuant to a request	118828
made under this section is not a public record for the purposes of	118829
section 149.43 of the Revised Code and shall not be made available	118830
to any person other than the following:	118831

(1) The person who is the subject of the criminal records	118832
check or the person's representative;	118833

(2) The medicaid director ~~of job and family services~~ and the	118834
staff of the department who are involved in the administration of	118835
the medicaid program;	118836

(3) The department's designee;

118837

(4) An individual ~~who receives~~receiving or deciding whether	118838
to receive home and community-based services from the person who	118839
is the subject of the criminal records check;	118840

(5) A court, hearing officer, or other necessary individual	118841
involved in a case dealing with either of the following:	118842

(a) A denial or termination of a provider agreement related	118843
to the criminal records check;	118844

(b) A civil or criminal action regarding the medicaid	118845
program.	118846

(F) The medicaid director ~~of job and family services~~ shall	118847
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	118848
of the Revised Code to implement this section. The rules shall	118849
specify circumstances under which the department or the	118850
department's designee may either approve an applicant's	118851
application or allow an independent provider to maintain an	118852
existing ~~medicaid~~ provider agreement even though the applicant or	118853
independent provider is found by a criminal records check required	118854
by this section to have been convicted of,or have pleaded guilty	118855
to~~, or been found eligible for intervention in lieu of conviction~~	118856
~~for~~ a disqualifying offense.	118857

~~Sec. 5111.033.~~ Sec. 5164.342. (A) As used in this section:

118858

"Applicant" means a person who is under final consideration	118859
for employment with a waiver agency in a full-time, part-time, or	118860
temporary position that involves providing home and	118861
community-based services..	118862

"Community-based long-term care ~~agency~~provider" ~~has the same~~	118863
~~meaning~~means a provider as defined in section 173.39 of the	118864
Revised Code.	118865

"Community-based long-term care subcontractor" means a	118866
subcontractor as defined in section 173.38 of the Revised Code.	118867

"Criminal records check" has the same meaning as in section	118868
109.572 of the Revised Code.	118869

"Disqualifying offense" means any of the offenses listed or	118870
described in divisions (A)(3)(a) to (e) of section 109.572 of the	118871
Revised Code.	118872

"Employee" means a person employed by a waiver agency in a	118873
full-time, part-time, or temporary position that involves	118874
providing home and community-based services.	118875

~~"Home and community-based services medicaid waiver component"~~	118876
~~has the same meaning as in section 5111.85 of the Revised Code.~~	118877

"Waiver agency" means a person or government entity that	118878
provides home and community-based services under a home and	118879
community-based services medicaid waiver component administered by	118880
the department of ~~job and family services~~medicaid, other than	118881
such a person or government entity that is certified under the	118882
medicare program. "Waiver agency" does not mean an independent	118883
provider as defined in section ~~5111.034~~5164.341 of the Revised	118884
Code.	118885

(B) This section does not apply to any individual who is	118886
subject to a database review or criminal records check under	118887
section 3701.881 of the Revised Code. If a waiver agency also is a	118888
community-based long-term care ~~agency~~provider or community-based	118889
long-term care subcontractor, the waiver agency may provide for	118890
applicants and employees to undergo database reviews and criminal	118891
records checks in accordance with section ~~173.394~~173.38 of the	118892
Revised Code rather than this section.	118893

(C) No waiver agency shall employ an applicant or continue to	118894
employ an employee in a position that involves providing home and	118895
community-based services if any of the following apply:	118896

(1) A review of the databases listed in division (E) of this	118897
section reveals any of the following:	118898

(a) That the applicant or employee is included in one or more	118899
of the databases listed in divisions (E)(1) to (5) of this	118900
section;	118901

(b) That there is in the state nurse aide registry	118902
established under section 3721.32 of the Revised Code a statement	118903
detailing findings by the director of health that the applicant or	118904
employee neglected or abused a long-term care facility or	118905
residential care facility resident or misappropriated property of	118906
such a resident;	118907

(c) That the applicant or employee is included in one or more	118908
of the databases, if any, specified in rules ~~adopted under~~	118909
authorized by this section and the rules prohibit the waiver	118910
agency from employing an applicant or continuing to employ an	118911
employee included in such a database in a position that involves	118912
providing home and community-based services.	118913

(2) After the applicant or employee is given the information	118914
and notification required by divisions (F)(2)(a) and (b) of this	118915
section, the applicant or employee fails to do either of the	118916
following:	118917

(a) Access, complete, or forward to the superintendent of the	118918
bureau of criminal identification and investigation the form	118919
prescribed to division (C)(1) of section 109.572 of the Revised	118920
Code or the standard impression sheet prescribed pursuant to	118921
division (C)(2) of that section;	118922

(b) Instruct the superintendent to submit the completed	118923
report of the criminal records check required by this section	118924
directly to the chief administrator of the waiver agency.	118925

(3) Except as provided in rules ~~adopted under~~authorized by	118926
this section, the applicant or employee is found by a criminal	118927
records check required by this section to have been convicted of,	118928
or have pleaded guilty to~~, or been found eligible for intervention~~	118929
~~in lieu of conviction for~~ a disqualifying offense, regardless of	118930
the date of the conviction,or date of entry of the guilty plea,	118931
~~or the date the applicant or employee was found eligible for~~	118932
~~intervention in lieu of conviction~~.	118933

(D) At the time of each applicant's initial application for	118934
employment in a position that involves providing home and	118935
community-based services, the chief administrator of a waiver	118936
agency shall inform the applicant of both of the following:	118937

(1) That a review of the databases listed in division (E) of	118938
this section will be conducted to determine whether the waiver	118939
agency is prohibited by division (C)(1) of this section from	118940
employing the applicant in the position;	118941

(2) That, unless the database review reveals that the	118942
applicant may not be employed in the position, a criminal records	118943
check of the applicant will be conducted and the applicant is	118944
required to provide a set of the applicant's fingerprint	118945
impressions as part of the criminal records check.	118946

(E) As a condition of employing any applicant in a position	118947
that involves providing home and community-based services, the	118948
chief administrator of a waiver agency shall conduct a database	118949
review of the applicant in accordance with rules ~~adopted under~~	118950
authorized by this section. If rules ~~adopted under~~authorized by	118951
this section so require, the chief administrator of a waiver	118952
agency shall conduct a database review of an employee in	118953
accordance with the rules as a condition of continuing to employ	118954
the employee in a position that involves providing home and	118955
community-based services. A database review shall determine	118956
whether the applicant or employee is included in any of the	118957
following:	118958

(1) The excluded parties list system that is maintained by	118959
the United States general services administration pursuant to	118960
subpart 9.4 of the federal acquisition regulation and available at	118961
the federal web site known as the system for award management;	118962

(2) The list of excluded individuals and entities maintained	118963
by the office of inspector general in the United States department	118964
of health and human services pursuant to ~~section 1128 of~~ the	118965
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	118966
1156, 42 U.S.C. 1320a-7~~, as amended,~~ and ~~section 1156 of the~~	118967
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~ 1320c-5~~, as~~	118968
~~amended~~;	118969

(3) The registry of MR/DD employees established under section	118970
5123.52 of the Revised Code;	118971

(4) The internet-based sex offender and child-victim offender	118972
database established under division (A)(11) of section 2950.13 of	118973
the Revised Code;	118974

(5) The internet-based database of inmates established under	118975
section 5120.66 of the Revised Code;	118976

(6) The state nurse aide registry established under section	118977
3721.32 of the Revised Code;	118978

(7) Any other database, if any, specified in rules ~~adopted~~	118979
~~under~~authorized by this section.	118980

(F)(1) As a condition of employing any applicant in a	118981
position that involves providing home and community-based	118982
services, the chief administrator of a waiver agency shall require	118983
the applicant to request that the superintendent of the bureau of	118984
criminal identification and investigation conduct a criminal	118985
records check of the applicant. If rules ~~adopted under~~authorized	118986
by this section so require, the chief administrator of a waiver	118987
agency shall require an employee to request that the	118988
superintendent conduct a criminal records check of the employee at	118989
times specified in the rules as a condition of continuing to	118990
employ the employee in a position that involves providing home and	118991
community-based services. However, a criminal records check is not	118992
required for an applicant or employee if the waiver agency is	118993
prohibited by division (C)(1) of this section from employing the	118994
applicant or continuing to employ the employee in a position that	118995
involves providing home and community-based services. If an	118996
applicant or employee for whom a criminal records check request is	118997
required by this section does not present proof of having been a	118998
resident of this state for the five-year period immediately prior	118999
to the date the criminal records check is requested or provide	119000
evidence that within that five-year period the superintendent has	119001
requested information about the applicant or employee from the	119002
federal bureau of investigation in a criminal records check, the	119003
chief administrator shall require the applicant or employee to	119004
request that the superintendent obtain information from the	119005
federal bureau of investigation as part of the criminal records	119006
check. Even if an applicant or employee for whom a criminal	119007
records check request is required by this section presents proof	119008
of having been a resident of this state for the five-year period,	119009
the chief administrator may require the applicant or employee to	119010
request that the superintendent include information from the	119011
federal bureau of investigation in the criminal records check.	119012

(2) The chief administrator shall provide the following to	119013
each applicant and employee for whom a criminal records check is	119014
required by this section:	119015

(a) Information about accessing, completing, and forwarding	119016
to the superintendent of the bureau of criminal identification and	119017
investigation the form prescribed pursuant to division (C)(1) of	119018
section 109.572 of the Revised Code and the standard impression	119019
sheet prescribed pursuant to division (C)(2) of that section;	119020

(b) Written notification that the applicant or employee is to	119021
instruct the superintendent to submit the completed report of the	119022
criminal records check directly to the chief administrator.	119023

(3) A waiver agency shall pay to the bureau of criminal	119024
identification and investigation the fee prescribed pursuant to	119025
division (C)(3) of section 109.572 of the Revised Code for any	119026
criminal records check required by this section. However, a waiver	119027
agency may require an applicant to pay to the bureau the fee for a	119028
criminal records check of the applicant. If the waiver agency pays	119029
the fee for an applicant, it may charge the applicant a fee not	119030
exceeding the amount the waiver agency pays to the bureau under	119031
this section if the waiver agency notifies the applicant at the	119032
time of initial application for employment of the amount of the	119033
fee and that, unless the fee is paid, the applicant will not be	119034
considered for employment.	119035

(G)(1) A waiver agency may employ conditionally an applicant	119036
for whom a criminal records check is required by this section	119037
prior to obtaining the results of the criminal records check if	119038
both of the following apply:	119039

(a) The waiver agency is not prohibited by division (C)(1) of	119040
this section from employing the applicant in a position that	119041
involves providing home and community-based services.	119042

(b) The chief administrator of the waiver agency requires the	119043
applicant to request a criminal records check regarding the	119044
applicant in accordance with division (F)(1) of this section not	119045
later than five business days after the applicant begins	119046
conditional employment.	119047

(2) A waiver agency that employs an applicant conditionally	119048
under division (G)(1) of this section shall terminate the	119049
applicant's employment if the results of the criminal records	119050
check, other than the results of any request for information from	119051
the federal bureau of investigation, are not obtained within the	119052
period ending sixty days after the date the request for the	119053
criminal records check is made. Regardless of when the results of	119054
the criminal records check are obtained, if the results indicate	119055
that the applicant has been convicted of,or has pleaded guilty	119056
to~~, or has been found eligible for intervention in lieu of~~	119057
~~conviction for~~ a disqualifying offense, the waiver agency shall	119058
terminate the applicant's employment unless circumstances	119059
specified in rules ~~adopted under~~authorized by this section exist	119060
that permit the waiver agency to employ the applicant and the	119061
waiver agency chooses to employ the applicant.	119062

(H) The report of any criminal records check conducted	119063
pursuant to a request made under this section is not a public	119064
record for the purposes of section 149.43 of the Revised Code and	119065
shall not be made available to any person other than the	119066
following:	119067

(1) The applicant or employee who is the subject of the	119068
criminal records check or the representative of the applicant or	119069
employee;	119070

(2) The chief administrator of the waiver agency that	119071
requires the applicant or employee to request the criminal records	119072
check or the administrator's representative;	119073

(3) The medicaid director ~~of job and family services~~ and the	119074
staff of the department who are involved in the administration of	119075
the medicaid program;	119076

(4) The director of aging or the director's designee if the	119077
waiver agency also is a community-based long-term care ~~agency~~	119078
provider or community-based long-term care subcontractor;	119079

(5) An individual receiving or deciding whether to receive	119080
home and community-based services from the subject of the criminal	119081
records check;	119082

(6) A court, hearing officer, or other necessary individual	119083
involved in a case dealing with any of the following:	119084

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

119085

(b) Employment or unemployment benefits of the applicant or	119086
employee;	119087

(c) A civil or criminal action regarding the medicaid	119088
program.	119089

(I) The medicaid director ~~of job and family services~~ shall	119090
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	119091
of the Revised Code to implement this section.	119092

(1) The rules may do the following:

119093

(a) Require employees to undergo database reviews and	119094
criminal records checks under this section;	119095

(b) If the rules require employees to undergo database	119096
reviews and criminal records checks under this section, exempt one	119097
or more classes of employees from the requirements;	119098

(c) For the purpose of division (E)(7) of this section,	119099
specify other databases that are to be checked as part of a	119100
database review conducted under this section.	119101

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

119102

(a) The procedures for conducting a database review under	119103
this section;	119104

(b) If the rules require employees to undergo database	119105
reviews and criminal records checks under this section, the times	119106
at which the database reviews and criminal records checks are to	119107
be conducted;	119108

(c) If the rules specify other databases to be checked as	119109
part of a database review, the circumstances under which a waiver	119110
agency is prohibited from employing an applicant or continuing to	119111
employ an employee who is found by the database review to be	119112
included in one or more of those databases;	119113

(d) The circumstances under which a waiver agency may employ	119114
an applicant or employee who is found by a criminal records check	119115
required by this section to have been convicted of,or have	119116
pleaded guilty to~~, or been found eligible for intervention in lieu~~	119117
~~of conviction for~~ a disqualifying offense.	119118

(J) The amendments made by H.B. 487 of the 129th general	119119
assembly to this section do not preclude the department of ~~job~~	119120
~~and family services~~medicaid from taking action against a person	119121
for failure to comply with former division (H) of this section as	119122
that division existed on the day preceding ~~the effective date of~~	119123
~~this amendment~~January 1, 2013.	119124

~~Sec. 5111.03.~~ Sec. 5164.35. (A) As used in this section, "owner"	119125
means any person having at least five per cent ownership in a	119126
medicaid provider.	119127

(B)(1) No medicaid provider ~~of services or goods contracting~~	119128
~~with the department of job and family services pursuant to the~~	119129
~~medicaid program~~ shall~~, by~~do any of the following:	119130

(a) By deception, obtain or attempt to obtain payments under	119131
~~this chapter~~the medicaid program to which the provider is not	119132
entitled pursuant to the provider's provider agreement, or the	119133
rules of the federal government or the ~~department of job and~~	119134
~~family services~~medicaid director relating to the program~~. No~~	119135
~~provider shall willfully~~;	119136

(b) Willfully receive payments to which the provider is not	119137
entitled~~, or willfully~~;	119138

(c) Willfully receive payments in a greater amount than that	119139
to which the provider is entitled; ~~nor shall any provider falsify~~	119140

(d) Falsify any report or document required by state or	119141
federal law, rule, or provider agreement relating to medicaid	119142
payments. ~~As used in this section, a~~	119143

(2) A medicaid provider engages in "deception" for the	119144
purpose of this section when the provider, acting with actual	119145
knowledge of the representation or information involved, acting in	119146
deliberate ignorance of the truth or falsity of the representation	119147
or information involved, or acting in reckless disregard of the	119148
truth or falsity of the representation or information involved,	119149
deceives another or causes another to be deceived by any false or	119150
misleading representation, by withholding information, by	119151
preventing another from acquiring information, or by any other	119152
conduct, act, or omission that creates, confirms, or perpetuates a	119153
false impression in another, including a false impression as to	119154
law, value, state of mind, or other objective or subjective fact.	119155
No proof of specific intent to defraud is required to show, for	119156
purposes of this section, that a medicaid provider has engaged in	119157
deception.	119158

~~(B)~~(C) Any medicaid provider who violates division ~~(A)~~(B) of	119159
this section shall be liable, in addition to any other penalties	119160
provided by law, for all of the following civil penalties:	119161

(1) Payment of interest on the amount of the excess payments	119162
at the maximum interest rate allowable for real estate mortgages	119163
under section 1343.01 of the Revised Code on the date the payment	119164
was made to the provider for the period from the date upon which	119165
payment was made, to the date upon which repayment is made to the	119166
state;	119167

(2) Payment of an amount equal to three times the amount of	119168
any excess payments;	119169

(3) Payment of a sum of not less than five thousand dollars	119170
and not more than ten thousand dollars for each deceptive claim or	119171
falsification;	119172

(4) All reasonable expenses which the court determines have	119173
been necessarily incurred by the state in the enforcement of this	119174
section.	119175

~~(C) As used in this division, "intermediate care facility for~~	119176
~~the mentally retarded" and "nursing facility" have the same~~	119177
~~meanings given in section 5111.20 of the Revised Code.~~	119178

(D) In addition to the civil penalties provided in division	119179
~~(B)~~(C) of this section, the medicaid director ~~of job and family~~	119180
~~services~~, upon the conviction of, or the entry of a judgment in	119181
either a criminal or civil action against, a medicaid provider or	119182
its owner, officer, authorized agent, associate, manager, or	119183
employee in an action brought pursuant to section 109.85 of the	119184
Revised Code, shall terminate the provider's provider agreement	119185
~~between the department and the provider~~ and stop ~~reimbursement~~	119186
payment to the provider for medicaid services rendered from the	119187
date of conviction or entry of judgment. ~~As used in this division,~~	119188
~~"owner" means any person having at least five per cent ownership~~	119189
~~in the medicaid provider.~~ No such medicaid provider, owner,	119190
officer, authorized agent, associate, manager, or employee shall	119191
own or provide medicaid services to any other medicaid provider or	119192
risk contractor or arrange for, render, or order medicaid services	119193
for medicaid recipients, nor shall such provider, owner, officer,	119194
authorized agent, associate, manager, or employee receive	119195
~~reimbursement in the form of~~ direct payments ~~from the department~~	119196
under the medicaid program or indirect payments of medicaid funds	119197
in the form of salary, shared fees, contracts, kickbacks, or	119198
rebates from or through any ~~participating~~other medicaid provider	119199
or risk contractor. The provider agreement shall not be terminated	119200
~~or reimbursement~~, and payment shall not be terminated, if the	119201
medicaid provider or owner can demonstrate that the provider or	119202
owner did not directly or indirectly sanction the action of its	119203
authorized agent, associate, manager, or employee that resulted in	119204
the conviction or entry of a judgment in a criminal or civil	119205
action brought pursuant to section 109.85 of the Revised Code.	119206
Nothing in this division prohibits any owner, officer, authorized	119207
agent, associate, manager, or employee of a medicaid provider from	119208
entering into a ~~medicaid~~ provider agreement if the person can	119209
demonstrate that the person had no knowledge of an action of the	119210
medicaid provider the person was formerly associated with that	119211
resulted in the conviction or entry of a judgment in a criminal or	119212
civil action brought pursuant to section 109.85 of the Revised	119213
Code.	119214

Nursing facility ~~or intermediate care facility for the~~	119215
~~mentally retarded~~and ICF/IID providers whose provider agreements	119216
are terminated pursuant to this section may continue to receive	119217
~~reimbursement~~medicaid payments for up to thirty days after the	119218
effective date of the termination if the provider makes reasonable	119219
efforts to transfer medicaid recipients to another facility or to	119220
alternate care and if federal ~~funds are~~financial participation is	119221
provided for ~~such reimbursement~~the payments.	119222

~~(D) For any reason permitted or required by federal law, the~~	119223
~~director of job and family services may deny a provider agreement~~	119224
~~or terminate a provider agreement.~~	119225

~~For any reason permitted or required by federal law, the~~	119226
~~director may exclude an individual, provider of services or goods,~~	119227
~~or other entity from participation in the medicaid program. No~~	119228
~~individual, provider, or entity excluded under this division shall~~	119229
~~own or provide services to any other medicaid provider or risk~~	119230
~~contractor or arrange for, render, or order services for medicaid~~	119231
~~recipients during the period of exclusion, nor, during the period~~	119232
~~of exclusion, shall such individual, provider, or entity receive~~	119233
~~reimbursement in the form of direct payments from the department~~	119234
~~or indirect payments of medicaid funds in the form of salary,~~	119235
~~shared fees, contracts, kickbacks, or rebates from or through any~~	119236
~~participating provider or risk contractor. An excluded individual,~~	119237
~~provider, or entity may request a reconsideration of the~~	119238
~~exclusion. The director shall adopt rules in accordance with~~	119239
~~Chapter 119. of the Revised Code governing the process for~~	119240
~~requesting a reconsideration.~~	119241

~~Nothing in this division limits the applicability of section~~	119242
~~5111.06 of the Revised Code to a medicaid provider.~~	119243

~~(E) Any provider of services or goods contracting with the~~	119244
~~department of job and family services pursuant to Title XIX of the~~	119245
~~"Social Security Act," who, without intent, obtains payments under~~	119246
~~this chapter in excess of the amount to which the provider is~~	119247
~~entitled, thereby becomes liable for payment of interest on the~~	119248
~~amount of the excess payments at the maximum real estate mortgage~~	119249
~~rate on the date the payment was made to the provider for the~~	119250
~~period from the date upon which payment was made to the date upon~~	119251
~~which repayment is made to the state.~~	119252

~~(F)~~(E) The attorney general on behalf of the state may	119253
commence proceedings to enforce this section in any court of	119254
competent jurisdiction; and the attorney general may settle or	119255
compromise any case brought under this section with the approval	119256
of the department of ~~job and family services~~medicaid.	119257
Notwithstanding any other provision of law providing a shorter	119258
period of limitations, the attorney general may commence a	119259
proceeding to enforce this section at any time within six years	119260
after the conduct in violation of this section terminates.	119261

~~(G) The authority, under state and federal law, of the~~	119262
~~department of job and family services or a county department of~~	119263
~~job and family services to recover excess payments made to a~~	119264
~~provider is not limited by the availability of remedies under~~	119265
~~sections 5111.11 and 5111.12 of the Revised Code for recovering~~	119266
~~benefits paid on behalf of recipients of medical assistance.~~	119267

~~The penalties under this chapter apply to any overpayment,~~	119268
~~billing, or falsification occurring on and after April 24, 1978.~~	119269
(F) All moneys collected by the state pursuant to this section	119270
shall be deposited in the state treasury to the credit of the	119271
general revenue fund.	119272

~~Sec. 5111.035.~~ Sec. 5164.36. (A) As used in this section:

119273

(1) "~~Creditable~~Credible allegation of fraud" has the same	119274
meaning as in 42 C.F.R. 455.2, except that for purposes of this	119275
section any reference in that regulation to the "state" or the	119276
"state medicaid agency" means the department of ~~job and family~~	119277
~~services~~medicaid.	119278

(2) ~~"Provider" has the same meaning as in section 5111.032 of~~	119279
~~the Revised Code.~~	119280

~~(3)~~ "Owner" has the same meaning as in section ~~5111.031~~	119281
5164.37 of the Revised Code.	119282

(B)(1) Except as provided in division (C) of this section and	119283
in rules ~~adopted~~authorized by ~~the department of job and family~~	119284
~~services under division (J) of~~ this section, on determining there	119285
is a ~~creditable~~credible allegation of fraud for which an	119286
investigation is pending under the medicaid program against a	119287
medicaid provider, the department of medicaid shall suspend the	119288
provider agreement held by the provider. Subject to division (C)	119289
of this section, the department shall also terminate medicaid	119290
~~reimbursement~~payments to the provider for services rendered.	119291

(2)(a) The suspension shall continue in effect until either	119292
of the following is the case:	119293

(i) The department or a prosecuting authority determines that	119294
there is insufficient evidence of fraud by the medicaid provider;	119295

(ii) The proceedings in any related criminal case are	119296
completed through dismissal of the indictment or through	119297
conviction, entry of a guilty plea, or finding of not guilty.	119298

(b) If the department commences a process to terminate the	119299
suspended provider agreement, the suspension shall also continue	119300
in effect until the termination process is concluded.	119301

(3) ~~Pursuant to section 5111.06 of the Revised Code, the~~	119302
~~department is not required to take action under division (B)(1) of~~	119303
~~this section by issuing an order pursuant to an adjudication in~~	119304
~~accordance with Chapter 119. of the Revised Code.~~	119305

~~(4)~~ When subject to a suspension under this section, a	119306
medicaid provider, owner, officer, authorized agent, associate,	119307
manager, or employee shall not own or provide services to any	119308
other medicaid provider or risk contractor or arrange for, render,	119309
or order services to any other medicaid provider or risk	119310
contractor or arrange for, render, or order services for medicaid	119311
recipients during the period of suspension. During the period of	119312
suspension, the provider, owner, officer, authorized agent,	119313
associate, manager, or employee shall not receive ~~reimbursement in~~	119314
~~the form of~~ direct payments ~~from the department~~under the medicaid	119315
program or indirect payments of medicaid funds in the form of	119316
salary, shared fees, contracts, kickbacks, or rebates from or	119317
through any ~~participating~~other medicaid provider or risk	119318
contractor.	119319

(C) The department shall not suspend a provider agreement or	119320
terminate medicaid ~~reimbursement~~payments under division (B) of	119321
this section if the medicaid provider or owner can demonstrate	119322
through the submission of written evidence that the provider or	119323
owner did not directly or indirectly sanction the action of its	119324
authorized agent, associate, manager, or employee that resulted in	119325
the ~~creditable~~credible allegation of fraud.	119326

(D) The termination of medicaid ~~reimbursement~~payment under	119327
division (B) of this section applies only to payments for medicaid	119328
services rendered subsequent to the date on which the notice	119329
required by division (E) of this section is sent. Claims for	119330
~~reimbursement~~payment of medicaid services rendered by the	119331
medicaid provider prior to the issuance of the notice may be	119332
subject to prepayment review procedures whereby the department	119333
reviews claims to determine whether they are supported by	119334
sufficient documentation, are in compliance with state and federal	119335
statutes and rules, and are otherwise complete.	119336

(E) After suspending a provider agreement under division (B)	119337
of this section, the department shall, as specified in 42 C.F.R.	119338
455.23(b), send notice of the suspension to the affected medicaid	119339
provider or owner in accordance with the following timeframes:	119340

(1) Not later than five days after the suspension, unless a	119341
law enforcement agency makes a written request to temporarily	119342
delay the notice;	119343

(2) If a law enforcement agency makes a written request to	119344
temporarily delay the notice, not later than thirty days after the	119345
suspension occurs subject to the conditions specified in division	119346
(F) of this section.	119347

(F) A written request for a temporary delay described in	119348
division (E)(2) of this section may be renewed in writing by a law	119349
enforcement agency not more than two times except that under no	119350
circumstances shall the notice be issued more than ninety days	119351
after the suspension occurs.	119352

(G) The notice required by division (E) of this section shall	119353
do all of the following:	119354

(1) State that payments are being suspended in accordance	119355
with this section and 42 C.F.R. 455.23;	119356

(2) Set forth the general allegations related to the nature	119357
of the conduct leading to the suspension, except that it is not	119358
necessary to disclose any specific information concerning an	119359
ongoing investigation;	119360

(3) State that the suspension continues to be in effect until	119361
either of the following is the case:	119362

(a) The department or a prosecuting authority determines that	119363
there is insufficient evidence of fraud by the provider;	119364

(b) The proceedings in any related criminal case are	119365
completed through dismissal of the indictment or through	119366
conviction, entry of a guilty plea, or finding of not guilty and,	119367
if the department commences a process to terminate the suspended	119368
provider agreement, until the termination process is concluded.	119369

(4) Specify, if applicable, the type or types of medicaid	119370
claims or business units of the medicaid provider that are	119371
affected by the suspension;	119372

(5) Inform the medicaid provider or owner of the opportunity	119373
to submit to the department, not later than thirty days after	119374
receiving the notice, a request for reconsideration of the	119375
suspension in accordance with division (H) of this section.	119376

(H)(1) Pursuant to the procedure specified in division (H)(2)	119377
of this section, a medicaid provider or owner subject to a	119378
suspension under this section may request a reconsideration of the	119379
suspension. The request shall be made not later than thirty days	119380
after receipt of a notice required by division (E) of this	119381
section. The reconsideration is not subject to an adjudication	119382
hearing pursuant to Chapter 119. of the Revised Code.	119383

(2) In requesting a reconsideration, the medicaid provider or	119384
owner shall submit written information and documents to the	119385
department. The information and documents may pertain to any of	119386
the following issues:	119387

(a) Whether the determination to suspend the provider	119388
agreement was based on a mistake of fact, other than the validity	119389
of an indictment in a related criminal case.	119390

(b) If there has been an indictment in a related criminal	119391
case, whether any offense charged in the indictment resulted from	119392
an offense specified in division (E) of section ~~5111.031~~5164.37	119393
of the Revised Code.	119394

(c) Whether the provider or owner can demonstrate that the	119395
provider or owner did not directly or indirectly sanction the	119396
action of its authorized agent, associate, manager, or employee	119397
that resulted in the suspension under this section or an	119398
indictment in a related criminal case.	119399

(I) The department shall review the information and documents	119400
submitted in a request made under division (H) of this section for	119401
reconsideration of a suspension. After the review, the suspension	119402
may be affirmed, reversed, or modified, in whole or in part. The	119403
department shall notify the affected provider or owner of the	119404
results of the review. The review and notification of its results	119405
shall be completed not later than forty-five days after receiving	119406
the information and documents submitted in a request for	119407
reconsideration.	119408

(J) ~~The department may adopt rules in accordance with Chapter~~	119409
~~119. of the Revised Code to implement this section. The rules~~	119410
Rules adopted under section 5164.02 of the Revised Code may	119411
specify circumstances under which the department would not suspend	119412
a provider agreement pursuant to this section.	119413

~~Sec. 5111.031.~~ Sec. 5164.37. (A) As used in this section:

119414

(1) "Independent provider" has the same meaning as in section	119415
~~5111.034~~5164.341 of the Revised Code.	119416

(2) ~~"Intermediate care facility for the mentally retarded"~~	119417
~~and "nursing facility" have the same meanings as in section~~	119418
~~5111.20 of the Revised Code.~~	119419

~~(3)~~ "Noninstitutional medicaid provider" means any person or	119420
entity with a ~~medicaid~~ provider agreement other than a hospital,	119421
nursing facility, or ~~intermediate care facility for the mentally~~	119422
~~retarded~~ICF/IID.	119423

~~(4)~~(3) "Owner" means any person having at least five per cent	119424
ownership in a noninstitutional medicaid provider.	119425

(B) Notwithstanding any provision of this chapter to the	119426
contrary, the department of ~~job and family services~~medicaid shall	119427
take action under this section against a noninstitutional medicaid	119428
provider or its owner, officer, authorized agent, associate,	119429
manager, or employee.	119430

(C) Except as provided in division (D) of this section and in	119431
rules ~~adopted~~authorized by ~~the department under division (H) of~~	119432
this section, on receiving notice and a copy of an indictment that	119433
is issued on or after September 29, 2007, and charges a	119434
noninstitutional medicaid provider or its owner, officer,	119435
authorized agent, associate, manager, or employee with committing	119436
an offense specified in division (E) of this section, the	119437
department shall suspend the provider agreement held by the	119438
noninstitutional medicaid provider. Subject to division (D) of	119439
this section, the department shall also terminate medicaid	119440
~~reimbursement~~payments to the provider for medicaid services	119441
rendered.	119442

The suspension shall continue in effect until the proceedings	119443
in the criminal case are completed through dismissal of the	119444
indictment or through conviction, entry of a guilty plea, or	119445
finding of not guilty. If the department commences a process to	119446
terminate the suspended provider agreement, the suspension shall	119447
also continue in effect until the termination process is	119448
concluded.	119449

~~Pursuant to section 5111.06 of the Revised Code, the~~	119450
~~department is not required to take action under this division by~~	119451
~~issuing an order pursuant to an adjudication conducted in~~	119452
~~accordance with Chapter 119. of the Revised Code.~~	119453

When subject to a suspension under this division, a provider,	119454
owner, officer, authorized agent, associate, manager, or employee	119455
shall not own or provide medicaid services to any other medicaid	119456
provider or risk contractor or arrange for, render, or order	119457
medicaid services for medicaid recipients during the period of	119458
suspension. During the period of suspension, the provider, owner,	119459
officer, authorized agent, associate, manager, or employee shall	119460
not receive ~~reimbursement in the form of~~ direct payments ~~from~~	119461
under the ~~department~~medicaid program or indirect payments of	119462
medicaid funds in the form of salary, shared fees, contracts,	119463
kickbacks, or rebates from or through any ~~participating~~other	119464
medicaid provider or risk contractor.	119465

(D)(1) The department shall not suspend a provider agreement	119466
or terminate medicaid ~~reimbursement~~payments under division (C) of	119467
this section if the provider or owner can demonstrate through the	119468
submission of written evidence that the provider or owner did not	119469
directly or indirectly sanction the action of its authorized	119470
agent, associate, manager, or employee that resulted in the	119471
indictment.	119472

(2) The termination of medicaid ~~reimbursement~~payments	119473
applies only to payments for medicaid services rendered subsequent	119474
to the date on which the notice required under division (F) of	119475
this section is sent. Claims for ~~reimbursement~~payment for	119476
medicaid services rendered by the provider prior to the issuance	119477
of the notice may be subject to prepayment review procedures	119478
whereby the department reviews claims to determine whether they	119479
are supported by sufficient documentation, are in compliance with	119480
state and federal statutes and rules, and are otherwise complete.	119481

(E)(1) In the case of a noninstitutional medicaid provider	119482
that is not an independent provider, the suspension of a provider	119483
agreement under division (C) of this section applies when an	119484
indictment charges a person with committing an act that would be a	119485
felony or misdemeanor under the laws of this state and the act	119486
relates to or results from either of the following:	119487

(a) Furnishing or billing for ~~medical care,~~medicaid	119488
services~~, or supplies~~ under the medicaid program;	119489

(b) Participating in the performance of management or	119490
administrative services relating to furnishing ~~medical care,~~	119491
medicaid services~~, or supplies~~ under the medicaid program.	119492

(2) In the case of a noninstitutional medicaid provider that	119493
is an independent provider, the suspension of a provider agreement	119494
under division (C) of this section applies when an indictment	119495
charges a person with committing an act that would constitute a	119496
disqualifying offense as defined in section ~~5111.032~~5164.34 of	119497
the Revised Code.	119498

(F) Not later than five days after suspending a provider	119499
agreement under division (C) of this section, the department shall	119500
send notice of the suspension to the affected provider or owner.	119501
In providing the notice, the department shall do all of the	119502
following:	119503

(1) Describe the indictment that was the cause of the	119504
suspension, without necessarily disclosing specific information	119505
concerning any ongoing civil or criminal investigation;	119506

(2) State that the suspension will continue in effect until	119507
the proceedings in the criminal case are completed through	119508
dismissal of the indictment or through conviction, entry of a	119509
guilty plea, or finding of not guilty and, if the department	119510
commences a process to terminate the suspended provider agreement,	119511
until the termination process is concluded;	119512

(3) Inform the provider or owner of the opportunity to submit	119513
to the department, not later than thirty days after receiving the	119514
notice, a request for a reconsideration pursuant to division (G)	119515
of this section.	119516

(G)(1) Pursuant to the procedure specified in division (G)(2)	119517
of this section, a noninstitutional medicaid provider or owner	119518
subject to a suspension under this section may request a	119519
reconsideration. The request shall be made not later than thirty	119520
days after receipt of the notice provided under division (F) of	119521
this section. The reconsideration is not subject to an	119522
adjudication hearing pursuant to Chapter 119. of the Revised Code.	119523

(2) In requesting a reconsideration, the provider or owner	119524
shall submit written information and documents to the department.	119525
The information and documents may pertain to any of the following	119526
issues:	119527

(a) Whether the determination to suspend the provider	119528
agreement was based on a mistake of fact, other than the validity	119529
of the indictment;	119530

(b) Whether any offense charged in the indictment resulted	119531
from an offense specified in division (E) of this section;	119532

(c) Whether the provider or owner can demonstrate that the	119533
provider or owner did not directly or indirectly sanction the	119534
action of its authorized agent, associate, manager, or employee	119535
that resulted in the indictment.	119536

(3) The department shall review the information and documents	119537
submitted in a request for reconsideration. After the review, the	119538
suspension may be affirmed, reversed, or modified, in whole or in	119539
part. The department shall notify the affected provider or owner	119540
of the results of the review. The review and notification of its	119541
results shall be completed not later than forty-five days after	119542
receiving the information and documents submitted in a request for	119543
reconsideration.	119544

(H) ~~The department may adopt rules in accordance with Chapter~~	119545
~~119. of the Revised Code to implement this section. The rules~~	119546
Rules adopted under section 5164.02 of the Revised Code may	119547
specify circumstances under which the department would not suspend	119548
a provider agreement pursuant to this section.	119549

~~Sec. 5111.06.~~ Sec. 5164.38. (A)~~(1)~~ As used in this section ~~and in~~	119550
~~sections 5111.061 and 5111.063 of the Revised Code~~:	119551

~~(a) "Provider" means any person, institution, or entity that~~	119552
~~furnishes medicaid services under a provider agreement with the~~	119553
~~department of job and family services pursuant to Title XIX of the~~	119554
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as~~	119555
~~amended.~~	119556

~~(b) "Party" has the same meaning as in division (G) of~~	119557
~~section 119.01 of the Revised Code.~~	119558

~~(c)~~(1) "Adjudication" has the same meaning as in division (D)	119559
of section 119.01 of the Revised Code.	119560

(2) "Party" has the same meaning as in division (G) of	119561
section 119.01 of the Revised Code.	119562

(3) "Revalidate" means to approve a medicaid provider's	119563
continued enrollment as a medicaid provider in accordance with the	119564
revalidation process established in rules authorized by section	119565
5164.32 of the Revised Code.	119566

(B) This section does not apply to either of the following:

119567

~~(a)~~(1) Any action taken or decision made by the department of	119568
~~job and family services~~medicaid with respect to entering into or	119569
refusing to enter into a contract with a managed care organization	119570
pursuant to section ~~5111.17~~5167.10 of the Revised Code;	119571

~~(b)~~(2) Any action taken by the department under sections	119572
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code.	119573

~~(B)~~(C) Except as provided in division ~~(D)~~(E) of this section	119574
and section ~~5111.914~~5164.58 of the Revised Code, the department	119575
shall do ~~either~~any of the following by issuing an order pursuant	119576
to an adjudication conducted in accordance with Chapter 119. of	119577
the Revised Code:	119578

(1) ~~Enter into or refuse~~Refuse to enter into a provider	119579
agreement with a medicaid provider~~, or suspend,~~;	119580

(2) Refuse to revalidate a medicaid provider's provider	119581
agreement;	119582

(3) Suspend or terminate~~, renew, or refuse to renew an~~	119583
~~existing~~a medicaid provider's provider agreement ~~with a provider~~;	119584

~~(2)~~(4) Take any action based upon a final fiscal audit of a	119585
medicaid provider.	119586

~~(C)~~(D) Any party who is adversely affected by the issuance of	119587
an adjudication order under division ~~(B)~~(C) of this section may	119588
appeal to the court of common pleas of Franklin county in	119589
accordance with section 119.12 of the Revised Code.	119590

~~(D)~~(E) The department is not required to comply with division	119591
~~(B)~~(C)(1), (2), or (3) of this section whenever any of the	119592
following occur:	119593

(1) The terms of a provider agreement require the medicaid	119594
provider to hold a license, permit, or certificate or maintain a	119595
certification issued by an official, board, commission,	119596
department, division, bureau, or other agency of state or federal	119597
government other than the department of ~~job and family services~~	119598
medicaid, and the license, permit, certificate, or certification	119599
has been denied, revoked, not renewed, suspended, or otherwise	119600
limited.	119601

(2) The terms of a provider agreement require the medicaid	119602
provider to hold a license, permit, or certificate or maintain	119603
certification issued by an official, board, commission,	119604
department, division, bureau, or other agency of state or federal	119605
government other than the department of ~~job and family services~~	119606
medicaid, and the provider has not obtained the license, permit,	119607
certificate, or certification.	119608

(3) The medicaid provider's application for a provider	119609
agreement is denied, or the provider's provider agreement is	119610
terminated, or not ~~renewed due~~revalidated, because of or	119611
pursuant to ~~the~~any of the following:	119612

(a) The termination, refusal to renew, or denial of a	119613
license, permit, certificate, or certification by an official,	119614
board, commission, department, division, bureau, or other agency	119615
of this state other than the department of ~~job and family services~~	119616
medicaid, notwithstanding the fact that the provider may hold a	119617
license, permit, certificate, or certification from an official,	119618
board, commission, department, division, bureau, or other agency	119619
of another state.	119620

~~(4) The provider agreement is denied, terminated, or not~~	119621
~~renewed pursuant to division (C)~~;	119622

(b) Division (D) or ~~(F)~~(E) of section ~~5111.03~~5164.35 of the	119623
Revised Code.	119624

~~(5) The provider agreement is denied, terminated, or not~~	119625
~~renewed due to the~~;	119626

(c) The provider's termination, suspension, or exclusion from	119627
the medicare program ~~established under Title XVIII of the "Social~~	119628
~~Security Act"~~ or from another state's medicaid program and, in	119629
either case, the termination, suspension, or exclusion is binding	119630
on the provider's participation in the medicaid program in this	119631
state.	119632

~~(6) The provider agreement is denied, terminated, or not~~	119633
~~renewed due to the~~;	119634

(d) The provider's pleading guilty to or being convicted of a	119635
criminal activity materially related to either the medicare or	119636
medicaid program;	119637

(e) The provider or its owner, officer, authorized agent,	119638
associate, manager, or employee having been convicted of one of	119639
the offenses that caused the provider's provider agreement to be	119640
suspended pursuant to section 5164.36 of the Revised Code;	119641

(f) The provider's failure to provide the department the	119642
national provider identifier assigned the provider by the national	119643
provider system pursuant to 45 C.F.R. 162.408.	119644

~~(7)~~(4) The medicaid provider's application for a provider	119645
agreement is denied, or the provider's provider agreement is	119646
terminated, or suspended, as a result of action by the United	119647
States department of health and human services and that action is	119648
binding on the provider's medicaid participation ~~in the medicaid~~	119649
~~program~~.	119650

~~(8)~~(5) Pursuant to either section ~~5111.031~~5164.36 or	119651
~~5111.035~~5164.37 of the Revised Code, the medicaid provider's	119652
provider agreement is suspended and payments to the provider are	119653
suspended pending indictment of the provider.	119654

~~(9) The provider agreement is denied, terminated, or not~~	119655
~~renewed because the provider or its owner, officer, authorized~~	119656
~~agent, associate, manager, or employee has been convicted of one~~	119657
~~of the offenses that caused the provider agreement to be suspended~~	119658
~~pursuant to section 5111.031 of the Revised Code.~~	119659

~~(10)~~(6) The medicaid provider's application for a provider	119660
agreement is denied because the provider's application was not	119661
complete;	119662

(7) The medicaid provider's provider agreement is converted	119663
under section ~~5111.028~~5164.32 of the Revised Code from a	119664
provider agreement that is not time-limited to a provider	119665
agreement that is time-limited.	119666

~~(11) The provider agreement is terminated or an application~~	119667
~~for re-enrollment is denied because the provider has failed to~~	119668
~~apply for re-enrollment within the time or in the manner specified~~	119669
~~for re-enrollment~~(8) Unless the medicaid provider is a nursing	119670
facility or ICF/IID, the provider's provider agreement is not	119671
revalidated pursuant to division (B)(1) of section ~~5111.028~~	119672
5164.32 of the Revised Code.	119673

~~(12)~~(9) The medicaid provider's provider agreement is	119674
suspended or, terminated, or ~~an application for enrollment or~~	119675
~~re-enrollment is denied, for any~~not revalidated because of either	119676
of the following:	119677

(a) Any reason authorized or required by one or more of the	119678
following: 42 C.F.R. 455.106, 455.23, 455.416, 455.434, or	119679
455.450.	119680

~~(13) The provider agreement is terminated or not renewed~~	119681
~~because the~~;	119682

(b) The provider has not billed or otherwise submitted a	119683
medicaid claim ~~to the department~~ for two years or longer.	119684

~~(14) The provider agreement is denied, terminated, or not~~	119685
~~renewed because the provider fails to provide to the department~~	119686
~~the national provider identifier assigned the provider by the~~	119687
~~national provider system pursuant to 45 C.F.R. 162.408.~~	119688

(F) In the case of a medicaid provider described in division	119689
~~(D)(13)~~(E)(3)(f), (6), (7), or ~~(14)~~(9)(b) of this section, the	119690
department may take its ~~proposed~~ action ~~against a provider~~	119691
~~agreement~~ by sending a notice explaining the ~~proposed~~ action to	119692
the provider. The notice shall be sent to the medicaid provider's	119693
address on record with the department. The notice may be sent by	119694
regular mail.	119695

~~(E)~~(G) The department may withhold payments for medicaid	119696
services rendered by a medicaid provider ~~under the medicaid~~	119697
~~program~~ during the pendency of proceedings initiated under	119698
division ~~(B)~~(C)(1), (2), or (3) of this section. If the	119699
proceedings are initiated under division ~~(B)(2)~~(C)(4) of this	119700
section, the department may withhold payments only to the extent	119701
that they equal amounts determined in a final fiscal audit as	119702
being due the state. This division does not apply if the	119703
department fails to comply with section 119.07 of the Revised	119704
Code, requests a continuance of the hearing, or does not issue a	119705
decision within thirty days after the hearing is completed. This	119706
division does not apply to nursing facilities and ~~intermediate~~	119707
~~care facilities for the mentally retarded as defined in section~~	119708
~~5111.20 of the Revised Code~~ICFs/IID.	119709

~~Sec. 5111.062.~~ Sec. 5164.39. In any action taken by the department	119710
of ~~job and family services~~medicaid under section ~~5111.06~~5164.38	119711
or ~~5111.061~~5164.57 of the Revised Code or any other ~~provision of~~	119712
~~this chapter~~state statute governing the medicaid program that	119713
requires the department to give notice of an opportunity for a	119714
hearing in accordance with Chapter 119. of the Revised Code, if	119715
the department gives notice of the opportunity for a hearing but	119716
the medicaid provider or other entity subject to the notice does	119717
not request a hearing or timely request a hearing in accordance	119718
with section 119.07 of the Revised Code, the department is not	119719
required to hold a hearing. The medicaid director ~~of job and~~	119720
~~family service~~ may proceed by issuing a final adjudication order	119721
in accordance with Chapter 119. of the Revised Code.	119722

~~Sec. 5111.05.~~ Sec. 5164.45. (A) The department of ~~job and family~~	119723
~~services~~medicaid may contract with any person or persons as a	119724
fiscal agent for the examination, processing, and determination of	119725
~~medical assistance~~medicaid claims ~~under this chapter~~. The	119726
contracting party may provide any of the following services, as	119727
required by the contract:	119728

(1) Design and operate medicaid management information	119729
systems, including the provision of data processing services;	119730

(2) Determine the amounts of payments to be made upon claims	119731
for ~~medical assistance~~medicaid;	119732

(3) Prepare and furnish to the department lists and computer	119733
tapes of such claims for payment;	119734

(4) In addition to audits which may be conducted by the	119735
department and by the auditor of state, make audits of providers	119736
and the claims of medicaid providers ~~of medical assistance~~	119737
according to the standards set forth in the contract;	119738

(5) Assist medicaid providers ~~of medical assistance~~ in the	119739
development of procedures relating to utilization practices, make	119740
studies of the effectiveness of such procedures and methods for	119741
their improvement, implement and enforce standards of medical	119742
policy, and assist in the application of safeguards against	119743
unnecessary utilization;	119744

(6) Assist any institution, facility, or agency to qualify as	119745
a medicaid provider ~~of medical assistance~~;	119746

(7) Establish and maintain fiscal records for the ~~medical~~	119747
~~assistance~~medicaid program;	119748

(8) Perform statistical and research studies;

119749

(9) Develop and implement programs for ~~medical assistance~~	119750
medicaid cost containment;	119751

(10) Perform such other duties as are necessary to carry out	119752
the ~~medical assistance~~medicaid program.	119753

(B) The department ~~of job and family services~~ may contract	119754
with any person or persons as an insuring agent for the	119755
examination, processing, and determination of ~~medical assistance~~	119756
medicaid claims, as provided in division (A) of this section, and	119757
for the payment of ~~medical assistance~~medicaid claims through an	119758
underwritten program in which the state pays the insuring agent a	119759
monthly premium and the insuring agent pays for ~~medical~~medicaid	119760
services ~~authorized under the state's medical assistance program~~.	119761
The person with whom the department contracts, with respect to the	119762
awarding, provisions, and performance of such contract, shall not	119763
be subject to the provisions of Title XXXIX of the Revised Code or	119764
to regulation by the department of insurance, nor to taxation as	119765
an insurance company pursuant to section 5725.18 or 5729.03 of the	119766
Revised Code. A contract with an insuring agent shall specify the	119767
qualifications, including capital and surplus requirements, and	119768
other conditions with which the insuring agent must comply.	119769

(C) In entering into a contract under this section, the	119770
department, in cooperation with the director of budget and	119771
management, shall determine that the contracting party is	119772
qualified to perform the required services and shall follow	119773
applicable procedures required of the department of administrative	119774
services in sections 125.07 to 125.11 of the Revised Code. A	119775
contract shall be awarded to the bidder who, with due	119776
consideration to the bidder's experience and financial capability,	119777
offers the lowest and best bid to the state for control of the	119778
costs of the ~~medical assistance~~medicaid program consistent with	119779
meeting the obligations under that program for fair and equitable	119780
treatment of medicaid recipients and medicaid providers ~~of medical~~	119781
~~services~~. Any arrangement whereby funds are paid to an insuring or	119782
fiscal agent for administrative functions under this section	119783
shall, for the purposes of section 125.081 of the Revised Code, be	119784
deemed to be a contract or purchase by the department of	119785
administrative services; however, money to be used by an insuring	119786
agent to pay for ~~medical~~medicaid services ~~authorized under the~~	119787
~~state's medical assistance program~~ shall not be deemed a contract	119788
or purchase within the meaning of such section.	119789

~~Sec. 5111.052.~~ Sec. 5164.46. (A) As used in this section,	119790
"electronic claims submission process" means any of the following:	119791

(1) Electronic interchange of data;

119792

(2) Direct entry of data through an internet-based mechanism	119793
implemented by the department of ~~job and family services~~medicaid;	119794

(3) Any other process for the electronic submission of claims	119795
that is specified in rules adopted under ~~this~~ section 5162.02 of	119796
the Revised Code.	119797

(B) Not later than January 1, 2013, and except as provided in	119798
division (C) of this section, each medicaid provider ~~of services~~	119799
~~to medicaid recipients~~ shall do both of the following:	119800

(1) Use only an electronic claims submission process to	119801
submit to the department of ~~job and family services~~medicaid	119802
claims for medicaid ~~reimbursement~~payment for medicaid services	119803
provided to medicaid recipients;	119804

(2) Arrange to receive medicaid ~~reimbursement~~payment from	119805
the department by means of electronic funds transfer.	119806

(C) Division (B) of this section does not apply to any of the	119807
following:	119808

(1) A nursing facility~~, as defined in section 5111.20 of the~~	119809
~~Revised Code~~;	119810

(2) An ~~intermediate care facility for the mentally retarded,~~	119811
~~as defined in section 5111.20 of the Revised Code~~ICF/IID;	119812

(3) A medicaid managed care organization ~~under contract with~~	119813
~~the department pursuant to section 5111.17 of the Revised Code~~;	119814

(4) Any other medicaid provider or type of medicaid provider	119815
designated in rules adopted under ~~this~~ section 5162.02 of the	119816
Revised Code.	119817

(D) The department shall not process a medicaid claim	119818
submitted on or after January 1, 2013, unless the claim is	119819
submitted through an electronic claims submission process in	119820
accordance with this section.	119821

~~(E) The director of job and family services may adopt rules~~	119822
~~in accordance with Chapter 119. of the Revised Code as the~~	119823
~~director considers necessary to implement this section.~~	119824

~~Sec. 5111.054.~~ Sec. 5164.47. (A) As used in this section:

119825

~~(1) "Federal financial participation" means the federal~~	119826
~~government's share of expenditures made by an entity in~~	119827
~~implementing the medicaid program.~~	119828

~~(2)~~, "OCHSPS" means the private, not-for-profit corporation	119829
known as the Ohio children's hospital solutions for patient	119830
safety, which was formed for the purpose of improving pediatric	119831
patient care in this state, which performs functions that are	119832
included within the functions of a peer review committee as	119833
defined in section 2305.25 of the Revised Code, and which consists	119834
of all of the following members: Akron children's hospital,	119835
Cincinnati children's hospital medical center, Cleveland clinic	119836
children's hospital, Dayton children's medical center, mercy	119837
children's hospital, nationwide children's hospital, rainbow	119838
babies & children's hospital, and Toledo children's hospital.	119839

(B) If, as authorized by section ~~5101.10~~5160.10 of the	119840
Revised Code, the ~~department of job and family services~~medicaid	119841
director chooses to contract with a person to perform either or	119842
both of the following services, itthe director may contract with	119843
any qualified person, including OCHSPS, to perform the service or	119844
services on ~~the department's~~ behalf of the department of medicaid:	119845

(1) Review and analyze claims for ~~medical assistance made~~	119846
~~under this chapter~~medicaid services provided to children in	119847
accordance with all state and federal laws governing the	119848
confidentiality of patient-identifying information;	119849

(2) Perform quality assurance and quality review functions,	119850
other than those described in division (B)(1) of this section,	119851
related to ~~medical assistance made under this chapter~~medicaid	119852
services provided to children.	119853

The functions specified in division (B)(2) of this section	119854
may include those recommended by the best evidence for advancing	119855
child health in Ohio now (BEACON) council.	119856

(C) If the ~~department~~director enters into a contract with	119857
OCHSPS for OCHSPS to perform either or both of the services	119858
described in division (B) of this section, OCHSPS shall, only for	119859
purposes of section ~~5101.11~~5160.12 of the Revised Code, be	119860
considered a public entity and the ~~department~~director shall seek	119861
federal financial participation for costs incurred by OCHSPS in	119862
performing the service or services.	119863

~~Sec. 5111.051.~~ Sec. 5164.48. The medicaid director ~~of job and~~	119864
~~family services~~ may ~~submit a medicaid state plan amendment or~~	119865
~~request for a federal waiver to the United States secretary of~~	119866
~~health and human services as necessary to~~ implement~~, at the~~	119867
~~director's discretion,~~ a system under which medicaid payments for	119868
~~medical assistance provided under the~~ medicaid ~~program~~services	119869
are made to an organization on behalf of ~~the~~medicaid providers of	119870
~~the medical assistance~~. The system may not provide for an	119871
organization to receive an amount that exceeds, in aggregate, the	119872
amount the ~~department~~medicaid program would have paid directly to	119873
~~the~~medicaid providers if not for this section.	119874

Sec. 5164.55. The department of medicaid may conduct final	119875
fiscal audits of medicaid providers in accordance with the	119876
applicable requirements set forth in federal laws and regulations	119877
and determine any amounts the provider may owe the state. When	119878
conducting final fiscal audits, the department shall consider	119879
generally accepted auditing standards, which include the use of	119880
statistical sampling.	119881

~~Sec. 5111.022.~~ Sec. 5164.56. Under the medicaid program, any	119882
amount determined to be owed the state by a final fiscal audit	119883
conducted pursuant to ~~division (D) of~~ section ~~5111.021~~5164.55 of	119884
the Revised Code, upon the issuance of an adjudication order	119885
pursuant to Chapter 119. of the Revised Code that contains a	119886
finding that there is a preponderance of the evidence that ~~the~~a	119887
medicaid provider will liquidate assets or file bankruptcy in	119888
order to prevent payment of the amount determined to be owed the	119889
state, becomes a lien upon the real and personal property of the	119890
provider. Upon failure of the provider to pay the amount to the	119891
state, the medicaid director ~~of job and family services~~ shall file	119892
notice of the lien, for which there shall be no charge, in the	119893
office of the county recorder of the county in which it is	119894
ascertained that the provider owns real or personal property. The	119895
director shall notify the provider by mail of the lien, but	119896
absence of proof that the notice was sent does not affect the	119897
validity of the lien. The lien is not valid as against the claim	119898
of any mortgagee, pledgee, purchaser, judgment creditor, or other	119899
lienholder of record at the time the notice is filed.	119900

If the provider acquires real or personal property after	119901
notice of the lien is filed, the lien shall not be valid as	119902
against the claim of any mortgagee, pledgee, subsequent bona fide	119903
purchaser for value, judgment creditor, or other lienholder of	119904
record to such after-acquired property unless the notice of lien	119905
is refiled after the property is acquired by the provider and	119906
before the competing lien attaches to the after-acquired property	119907
or before the conveyance to the subsequent bona fide purchaser for	119908
value.	119909

When the amount has been paid, the provider may record with	119910
the recorder notice of the payment. For recording such notice of	119911
payment, the recorder shall charge and receive from the provider a	119912
base fee of one dollar for services and a housing trust fund fee	119913
of one dollar pursuant to section 317.36 of the Revised Code.	119914

In the event of a distribution of athe provider's assets	119915
pursuant to an order of any court under the law of this state	119916
including any receivership, assignment for benefit of creditors,	119917
adjudicated insolvency, or similar proceedings, amounts then or	119918
thereafter due the state under ~~this chapter~~the medicaid program	119919
have the same priority as provided by law for the payment of taxes	119920
due the state and shall be paid out of the receivership trust fund	119921
or other such trust fund in the same manner as provided for claims	119922
for unpaid taxes due the state.	119923

If the attorney general finds after investigation that any	119924
amount due the state under ~~this chapter~~the medicaid program is	119925
uncollectable, in whole or in part, the attorney general shall	119926
recommend to the director the cancellation of all or part of the	119927
claim. The director may thereupon effect the cancellation.	119928

~~Sec. 5111.061.~~ Sec. 5164.57. (A) As used in this section,	119929
"adjudication" has the same meaning as in section 119.01 of the	119930
Revised Code.	119931

(B)(1) Except as provided in division ~~(A)~~(B)(2) of this	119932
section, the department of ~~job and family services~~medicaid may	119933
recover a medicaid payment or portion of a payment made to a	119934
medicaid provider to which the provider is not entitled if the	119935
department notifies the provider of the overpayment during the	119936
five-year period immediately following the end of the state fiscal	119937
year in which the overpayment was made.	119938

(2) In the case of a hospital medicaid provider, if the	119939
department determines as a result of a medicare or medicaid cost	119940
report settlement that the provider received an amount under the	119941
medicaid program to which the provider is not entitled, the	119942
department may recover the overpayment if the department notifies	119943
the provider of the overpayment during the later of the following:	119944

(a) The five-year period immediately following the end of the	119945
state fiscal year in which the overpayment was made;	119946

(b) The one-year period immediately following the date the	119947
department receives from the United States centers for medicare	119948
and medicaid services a completed, audited, medicare cost report	119949
for the provider that applies to the state fiscal year in which	119950
the overpayment was made.	119951

~~(B)~~(C) Among the overpayments that may be recovered under	119952
this section are the following:	119953

(1) Payment for a medicaid service, or a day of service, not	119954
rendered;	119955

(2) Payment for a day of service at a full per diem rate that	119956
should have been paid at a percentage of the full per diem rate;	119957

(3) Payment for a medicaid service, or day of service, that	119958
was paid by, or partially paid by, a third party, as defined in	119959
section ~~5101.571~~5160.35 of the Revised Code, and the third	119960
party's payment or partial payment was not offset against the	119961
amount paid by the medicaid program to reduce or eliminate the	119962
amount that was paid by the medicaid program;	119963

(4) Payment when a medicaid recipient's responsibility for	119964
payment was understated and resulted in an overpayment to the	119965
provider.	119966

~~(C)~~(D) The department may recover an overpayment under this	119967
section prior to or after any of the following:	119968

(1) Adjudication of a final fiscal audit that section ~~5111.06~~	119969
5164.38 of the Revised Code requires to be conducted in accordance	119970
with Chapter 119. of the Revised Code;	119971

(2) Adjudication of a finding under any other provision of	119972
~~this chapter~~state statutes governing the medicaid program or the	119973
rules adopted under itthose statutes;	119974

(3) Expiration of the time to issue a final fiscal audit that	119975
section ~~5111.06~~5164.38 of the Revised Code requires to be	119976
conducted in accordance with Chapter 119. of the Revised Code;	119977

(4) Expiration of the time to issue a finding under any other	119978
provision of ~~this chapter~~state statutes governing the medicaid	119979
program or the rules adopted under itthose statutes.	119980

~~(D)~~(E)(1) Subject to division ~~(D)~~(E)(2) of this section, the	119981
recovery of an overpayment under this section does not preclude	119982
the department from subsequently doing the following:	119983

(a) Issuing a final fiscal audit in accordance with Chapter	119984
119. of the Revised Code, as required under section ~~5111.06~~	119985
5164.38 of the Revised Code;	119986

(b) Issuing a finding under any other provision of ~~this~~	119987
~~chapter~~state statutes governing the medicaid program or the rules	119988
adopted under itthose statutes.	119989

(2) A final fiscal audit or finding issued subsequent to the	119990
recovery of an overpayment under this section shall be reduced by	119991
the amount of the prior recovery, as appropriate.	119992

~~(E)~~(F) Nothing in this section limits the department's	119993
authority to recover overpayments pursuant to any other provision	119994
of the Revised Code.	119995

~~Sec. 5111.914.~~ Sec. 5164.58. (A) ~~As used in this section,~~	119996
~~"provider" has the same meaning as in section 5111.06 of the~~	119997
~~Revised Code.~~	119998

~~(B)~~ If a state agency that enters into a contract with the	119999
department of ~~job and family services~~medicaid under section	120000
~~5111.91~~5162.35 of the Revised Code identifies that a medicaid	120001
overpayment has been made to a medicaid provider, the state agency	120002
may commence actions to recover the overpayment on behalf of the	120003
department.	120004

~~(C)~~(B) In recovering an overpayment pursuant to this section,	120005
a state agency shall comply with the following procedures:	120006

(1) The state agency shall attempt to recover the overpayment	120007
by notifying the medicaid provider of the overpayment and	120008
requesting voluntary repayment. Not later than five business days	120009
after notifying the medicaid provider, the state agency shall	120010
notify the department in writing of the overpayment. The state	120011
agency may negotiate a settlement of the overpayment and notify	120012
the department of the settlement. A settlement negotiated by the	120013
state agency is not valid and shall not be implemented until the	120014
department has given its written approval of the settlement.	120015

(2) If the state agency is unable to obtain voluntary	120016
repayment of an overpayment, the agency shall give the medicaid	120017
provider notice of an opportunity for a hearing in accordance with	120018
Chapter 119. of the Revised Code. If the medicaid provider timely	120019
requests a hearing in accordance with section 119.07 of the	120020
Revised Code, the state agency shall conduct the hearing to	120021
determine the legal and factual validity of the overpayment. On	120022
completion of the hearing, the state agency shall submit its	120023
hearing officer's report and recommendation and the complete	120024
record of proceedings, including all transcripts, to the medicaid	120025
director ~~of job and family services~~ for final adjudication. The	120026
director may issue a final adjudication order in accordance with	120027
Chapter 119. of the Revised Code. The state agency shall pay any	120028
attorney's fees imposed under section 119.092 of the Revised Code.	120029
The department of ~~job and family services~~medicaid shall pay any	120030
attorney's fees imposed under section 2335.39 of the Revised Code.	120031

~~(D)~~(C) In any action taken by a state agency under this	120032
section that requires the agency to give notice of an opportunity	120033
for a hearing in accordance with Chapter 119. of the Revised Code,	120034
if the agency gives notice of the opportunity for a hearing but	120035
the medicaid provider subject to the notice does not request a	120036
hearing or timely request a hearing in accordance with section	120037
119.07 of the Revised Code, the agency is not required to hold a	120038
hearing. The agency may request that the medicaid director ~~of job~~	120039
~~and family services~~ issue a final adjudication order in accordance	120040
with Chapter 119. of the Revised Code.	120041

~~(E)~~(D) This section does not preclude the department of ~~job~~	120042
~~and family services~~medicaid from adjudicating a final fiscal	120043
audit under section ~~5111.06~~5164.38 of the Revised Code,	120044
recovering overpayments under section ~~5111.061~~5164.57 of the	120045
Revised Code, or making findings or taking other actions	120046
authorized by ~~this chapter~~state statutes governing the medicaid	120047
program.	120048

Sec. 5164.59. The department of medicaid may deduct from	120049
medicaid payments for medicaid services rendered by a medicaid	120050
provider any amounts the provider owes the state as the result of	120051
incorrect medicaid payments the department has made to the	120052
provider.	120053

Sec. 5164.60. Any medicaid provider who, without intent,	120054
obtains payments under the medicaid program in excess of the	120055
amount to which the provider is entitled is liable for payment of	120056
interest on the amount of the excess payments for the period from	120057
the date on which payment was made to the date on which repayment	120058
is made to the state. The interest shall be paid at the average	120059
bank prime rate in effect on the first day of the calendar quarter	120060
during which the provider receives notice of the excess payment.	120061
The department of medicaid shall determine the average bank prime	120062
rate using statistical release H.15, "selected interest rates," a	120063
weekly publication of the federal reserve board, or any successor	120064
publication. If statistical release H.15, or its successor, ceases	120065
to contain the bank prime rate information or ceases to be	120066
published, the department shall request a written statement of the	120067
average bank prime rate from the federal reserve bank of Cleveland	120068
or the federal reserve board.	120069

Sec. 5164.61. The authority, under state and federal law, of	120070
the department of medicaid or a county department of job and	120071
family services to recover excess medicaid payments made to a	120072
medicaid provider is not limited by the availability of remedies	120073
under sections 5162.21 and 5162.23 of the Revised Code for	120074
recovering benefits paid on behalf of medicaid recipients.	120075

~~Sec. 5111.021.~~ Sec. 5164.70. ~~Under the medicaid program:~~

120076

~~(A)~~ Except as otherwise required by federal statute or	120077
regulation, ~~the department of job and family services shall not~~	120078
~~reimburse a medical provider~~no medicaid payment for any ~~medical~~	120079
~~assistance rendered under the program an amount that exceeds~~	120080
medicaid service shall exceed the following:	120081

~~(1)~~(A) If the medicaid provider is a hospital, nursing	120082
facility, or ~~intermediate care facility for the mentally retarded~~	120083
ICF/IID, the limits established under Subpart C of 42 C.F.R. Part	120084
447;	120085

~~(2)~~(B) If the medicaid provider is other than a provider	120086
described in division (A)~~(1)~~ of this section, the authorized	120087
~~reimbursement~~payment limits for the same service under the	120088
medicare program ~~established under Title XVIII of the "Social~~	120089
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended~~.	120090

~~(B) Reimbursement for freestanding medical laboratory charges~~	120091
~~shall not exceed the customary and usual fee for laboratory~~	120092
~~profiles.~~	120093

~~(C) The department may deduct from payments for services~~	120094
~~rendered by a medicaid provider under the medicaid program any~~	120095
~~amounts the provider owes the state as the result of incorrect~~	120096
~~medicaid payments the department has made to the provider.~~	120097

~~(D) The department may conduct final fiscal audits in~~	120098
~~accordance with the applicable requirements set forth in federal~~	120099
~~laws and regulations and determine any amounts the provider may~~	120100
~~owe the state. When conducting final fiscal audits, the department~~	120101
~~shall consider generally accepted auditing standards, which~~	120102
~~include the use of statistical sampling.~~	120103

~~(E) The number of days of inpatient hospital care for which~~	120104
~~reimbursement is made on behalf of a medicaid recipient to a~~	120105
~~hospital that is not paid under a diagnostic-related-group~~	120106
~~prospective payment system shall not exceed thirty days during a~~	120107
~~period beginning on the day of the recipient's admission to the~~	120108
~~hospital and ending sixty days after the termination of that~~	120109
~~hospital stay, except that the department may make exceptions to~~	120110
~~this limitation. The limitation does not apply to children~~	120111
~~participating in the program for medically handicapped children~~	120112
~~established under section 3701.023 of the Revised Code.~~	120113

~~(F) The division of any reimbursement between a collaborating~~	120114
~~physician or podiatrist and a clinical nurse specialist, certified~~	120115
~~nurse-midwife, or certified nurse practitioner for services~~	120116
~~performed by the nurse shall be determined and agreed on by the~~	120117
~~nurse and collaborating physician or podiatrist. In no case shall~~	120118
~~reimbursement exceed the payment that the physician or podiatrist~~	120119
~~would have received had the physician or podiatrist provided the~~	120120
~~entire service.~~	120121

Sec. 5164.71. Medicaid payments for freestanding medical	120122
laboratory charges shall not exceed the customary and usual fee	120123
for laboratory profiles.	120124

Sec. 5164.72. The number of days of inpatient hospital care	120125
for which a medicaid payment is made on behalf of a medicaid	120126
recipient to a hospital that is not paid under a	120127
diagnostic-related-group prospective payment system shall not	120128
exceed thirty days during a period beginning on the day of the	120129
recipient's admission to the hospital and ending sixty days after	120130
the termination of that hospital stay, except that the department	120131
of medicaid may make exceptions to this limitation. The limitation	120132
does not apply to children participating in the program for	120133
medically handicapped children established under section 3701.023	120134
of the Revised Code.	120135

Sec. 5164.73. The division of any medicaid payment between a	120136
collaborating physician or podiatrist and a clinical nurse	120137
specialist, certified nurse-midwife, or certified nurse	120138
practitioner for services performed by the nurse shall be	120139
determined and agreed on by the nurse and collaborating physician	120140
or podiatrist. In no case shall the medicaid payment exceed the	120141
medicaid payment that the physician or podiatrist would have	120142
received had the physician or podiatrist provided the entire	120143
service.	120144

~~Sec. 5111.19.~~ Sec. 5164.74. The medicaid director ~~of job and~~	120145
~~family services~~ shall adopt rules under section 5164.02 of the	120146
Revised Code governing the calculation and payment of, and the	120147
allocation of payments for, graduate medical education costs	120148
associated with medicaid services rendered to medicaid recipients	120149
~~after June 30, 1994~~. Subject to section ~~5111.191~~5164.741 of the	120150
Revised Code, the rules shall provide for ~~reimbursement~~payment	120151
of graduate medical education costs associated with medicaid	120152
services rendered to medicaid recipients, including recipients	120153
enrolled in a medicaid managed care organization ~~under contract~~	120154
~~with the department~~ ~~office~~ ~~under section 5111.17 of the Revised~~	120155
~~Code~~, that the department of medicaid determines are allowable and	120156
reasonable.	120157

~~If the department requires a managed care organization to pay~~	120158
~~a provider for graduate medical education costs associated with~~	120159
~~the delivery of services to medicaid recipients enrolled in the~~	120160
~~organization, the department shall include in its payment to the~~	120161
~~organization an amount sufficient for the organization to pay such~~	120162
~~costs. If the department does not include in its payments to the~~	120163
~~managed care organization amounts for graduate medical education~~	120164
~~costs of providers, all of the following apply:~~	120165

~~(A) Except as provided in section 5111.191 of the Revised~~	120166
~~Code, the department shall pay the provider for graduate medical~~	120167
~~education costs associated with the delivery of services to~~	120168
~~medicaid recipients enrolled in the organization;~~	120169

~~(B) No provider shall seek reimbursement from the~~	120170
~~organization for such costs;~~	120171

~~(C) The organization is not required to pay providers for~~	120172
~~such costs.~~	120173

~~Sec. 5111.191.~~ Sec. 5164.741. (A) Except as provided in division	120174
(B) of this section, the department of ~~job and family services~~	120175
medicaid may deny medicaid payment to a hospital for direct	120176
graduate medical education costs associated with the delivery of	120177
medicaid services to any medicaid recipient if the hospital	120178
refuses without good cause to contract with a medicaid managed	120179
care organization that ~~serves participants in the care management~~	120180
~~system established under section 5111.16 of the Revised Code who~~	120181
~~are required to be enrolled in a managed care organization and the~~	120182
~~managed care organization~~ serves the area in which the hospital is	120183
located.	120184

(B) A hospital is not subject to division (A) of this section	120185
if all of the following are the case:	120186

(1) The hospital is located in a county in which participants	120187
in the care management system are required before January 1, 2006,	120188
to be enrolled in a medicaid managed care organization that is a	120189
health insuring corporation.	120190

(2) The hospital has entered into a contract before January	120191
1, 2006, with at least one health insuring corporation serving the	120192
participants specified in division (B)(1) of this section.	120193

(3) The hospital remains under contract with at least one	120194
health insuring corporation serving participants in the care	120195
management system who are required to be enrolled in a health	120196
insuring corporation.	120197

(C) The medicaid director ~~of job and family services~~ shall	120198
specify in the rules adopted under section ~~5111.19~~5164.02 of the	120199
Revised Code what constitutes good cause for a hospital to refuse	120200
to contract with a medicaid managed care organization.	120201

~~Sec. 5111.086.~~ Sec. 5164.75. As used in this section, "federal	120202
upper reimbursement limit" means the limit established pursuant to	120203
~~section 1927(e) of~~ the "Social Security Act," ~~104 Stat. 1388-151~~	120204
~~(1990)~~section 1927(e), 42 U.S.C. 1396r-8(e)~~, as amended~~.	120205

The medicaid payment for a drug that is subject to a federal	120206
upper reimbursement limit shall not exceed, in the aggregate, the	120207
federal upper reimbursement limit for the drug. ~~The director of~~	120208
~~job and family services shall adopt rules under section 5111.02 of~~	120209
~~the Revised Code as necessary to implement this section.~~	120210

~~Sec. 5111.082.~~ Sec. 5164.751. (A) As used in this section:

120211

~~(1) "State~~, "state maximum allowable cost" means the per unit	120212
amount the ~~department of job and family services reimburses~~	120213
medicaid program pays a terminal distributor of dangerous drugs	120214
for a ~~prescription~~prescribed drug included in the state maximum	120215
allowable cost program established under division (B) of this	120216
section. "State maximum allowable cost" excludes dispensing fees	120217
and copayments, coinsurance, or other cost-sharing charges, if	120218
any.	120219

~~(2) "Terminal distributor of dangerous drugs" has the same~~	120220
~~meaning as in section 4729.01 of the Revised Code.~~	120221

(B) The medicaid director ~~of job and family services~~ shall	120222
establish a state maximum allowable cost program for purposes of	120223
managing ~~reimbursement~~medicaid payments to terminal distributors	120224
of dangerous drugs for ~~prescription~~prescribed drugs identified by	120225
the director pursuant to this division. The director shall do all	120226
of the following with respect to the program:	120227

(1) Identify and create a list of ~~prescription~~ prescribed	120228
drugs to be included in the program.	120229

(2) Update the list of ~~prescription~~prescribed drugs	120230
described in division (B)(1) of this section on a weekly basis.	120231

(3) Review the state maximum allowable cost for each	120232
prescribed drug included on the list described in division (B)(1)	120233
of this section on a weekly basis.	120234

~~(C) The director may adopt rules in accordance with Chapter~~	120235
~~119. of the Revised Code to implement this section.~~	120236

~~Sec. 5111.07.~~ Sec. 5164.752. ~~Commencing in~~In July~~, 1986, and~~of	120237
every ~~second July thereafter~~even-numbered year, the department	120238
of ~~job and family services~~medicaid shall initiate a ~~private~~	120239
confidential survey of ~~retail pharmacy operations~~the cost of	120240
dispensing drugs incurred by terminal distributors of dangerous	120241
drugs in ~~the~~this state. The survey shall be used as the basis for	120242
establishing ~~a current maximum~~the medicaid program's dispensing	120243
fee for ~~licensed pharmacists who are providers of drugs under this~~	120244
~~chapter. The~~terminal distributors in accordance with section	120245
5164.753 of the Revised Code. The survey shall be completed and	120246
its results published not later than the last day of October of	120247
the year in which it is conducted.	120248

Each terminal distributor that is a provider of drugs under	120249
the medicaid program shall participate in the survey. Except as	120250
necessary to publish the survey's results, a terminal	120251
distributor's responses to the survey are confidential and not a	120252
public record under section 149.43 of the Revised Code.	120253

The survey shall be conducted in conformance with the	120254
requirements set forth in 42 C.F.R. ~~447.331 through 447.333, as~~	120255
~~amended or superseded, and~~447.500 to 447.518. The survey shall	120256
include operational data and direct prescription expenses,	120257
professional services and personnel costs, and usual and	120258
customary overhead expenses~~, and profit data~~ of the ~~retail~~	120259
~~pharmacies~~terminal distributors surveyed. The ~~survey shall be~~	120260
~~completed and its results published no later than the last day of~~	120261
~~October of the year in which the survey is conducted, and the~~	120262
survey shall compute and report the cost of dispensing ~~fees~~ on a	120263
basis of the usual and customary charges by ~~retail pharmacies~~	120264
terminal distributors to their customers for dispensing drugs. ~~The~~	120265
~~director of job and family services shall take into account the~~	120266
~~results of the survey in establishing a dispensing fee.~~	120267

~~Sec. 5111.071.~~ Sec. 5164.753. ~~Commencing in~~In December~~, 1986, and~~	120268
of every ~~second December thereafter~~even-numbered year, the	120269
medicaid director ~~of job and family services~~ shall establish a	120270
dispensing fee, effective the following ~~January~~July, for ~~licensed~~	120271
~~pharmacists who~~terminal distributors of dangerous drugs that are	120272
providers of drugs under ~~this chapter~~the medicaid program. ~~The~~In	120273
establishing the dispensing fee, the director shall take into	120274
consideration the results of the survey conducted under section	120275
~~5111.07~~5164.752 of the Revised Code.	120276

~~Sec. 5111.0114.~~ Sec. 5164.754. (A) As used in this section,	120277
"dangerous drug" and "manufacturer of dangerous drugs" have the	120278
same meaning as in section 4729.01 of the Revised Code.	120279

(B) The medicaid director ~~of job and family services~~ may	120280
enter into or administer an agreement or cooperative arrangement	120281
with other states to create or join a multiple-state prescription	120282
drug purchasing program for the purpose of negotiating with	120283
manufacturers of dangerous drugs to receive discounts or rebates	120284
for dangerous drugs ~~dispensed under~~covered by the medicaid	120285
program.	120286

~~Sec. 5111.081.~~ Sec. 5164.755. The medicaid director ~~of job and~~	120287
~~family services~~, in rules adopted under section ~~5111.02~~5164.02 of	120288
the Revised Code, may establish and implement a supplemental drug	120289
rebate program under which drug manufacturers may be required to	120290
provide the department of ~~job and family services~~medicaid a	120291
supplemental rebate as a condition of having the drug	120292
manufacturers' drug products covered by the medicaid program	120293
without prior approval. The department may receive a supplemental	120294
rebate negotiated under the program for a drug dispensed to a	120295
medicaid recipient pursuant to a prescription or a drug purchased	120296
by a medicaid provider for administration to a medicaid recipient	120297
in the provider's primary place of business. ~~If necessary, the~~	120298
~~director may apply to the United States secretary of health and~~	120299
~~human services for a waiver of federal statutes and regulations to~~	120300
~~establish the supplemental drug rebate program.~~	120301

If the director establishes a supplemental drug rebate	120302
program, the director shall consult with drug manufacturers	120303
regarding the establishment and implementation of the program.	120304

~~Sec. 5101.31.~~ Sec. 5164.756. Any record, data, pricing information,	120305
or other information regarding a drug rebate agreement or a	120306
supplemental drug rebate agreement for the medicaid program	120307
~~established under Chapter 5111. of the Revised Code~~ that the	120308
department of ~~job and family services~~medicaid receives from a	120309
pharmaceutical manufacturer or creates pursuant to negotiation of	120310
the agreement is not a public record under section 149.43 of the	120311
Revised Code and shall be treated by the department as	120312
confidential information.	120313

~~Sec. 5111.083.~~ Sec. 5164.757. (A) As used in this section,	120314
"licensed health professional authorized to prescribe drugs" has	120315
the same meaning as in section 4729.01 of the Revised Code.	120316

(B) The medicaid director ~~of job and family services~~ may	120317
~~establish an~~acquire or specify technologies to provide	120318
information regarding medicaid recipient eligibility, claims	120319
history, and drug coverage to medicaid providers through	120320
electronic health record and e-prescribing ~~system for the~~	120321
~~medicaid program under which~~applications.	120322

If such technologies are acquired or specified, the	120323
e-prescribing applications shall enable a medicaid provider who	120324
is a licensed health professional authorized to prescribe drugs	120325
~~shall~~to use an electronic system to prescribe a drug for a	120326
medicaid recipient ~~when required to do so by division (C) of this~~	120327
~~section~~. The ~~e-prescribing~~purpose of the electronic system ~~shall~~	120328
is to eliminate the need for such medicaid providers to ~~make~~issue	120329
prescriptions for medicaid recipients by handwriting or telephone.	120330
The ~~e-prescribing system~~technologies acquired or specified by the	120331
director also shall provide such medicaid providers with an	120332
up-to-date, clinically relevant drug information database and a	120333
system of electronically monitoring medicaid recipients' medical	120334
history, drug regimen compliance, and fraud and abuse.	120335

~~(C) If the director establishes an e-prescribing system under~~	120336
~~division (B) of this section, the director shall do all of the~~	120337
~~following:~~	120338

~~(1) Require that a medicaid provider who is a licensed health~~	120339
~~professional authorized to prescribe drugs use the e-prescribing~~	120340
~~system during a fiscal year if the medicaid provider was one of~~	120341
~~the ten medicaid providers who, during the calendar year that~~	120342
~~precedes that fiscal year, issued the most prescriptions for~~	120343
~~medicaid recipients receiving hospital services;~~	120344

~~(2) Before the beginning of each fiscal year, determine the~~	120345
~~ten medicaid providers that issued the most prescriptions for~~	120346
~~medicaid recipients receiving hospital services during the~~	120347
~~calendar year that precedes the upcoming fiscal year and notify~~	120348
~~those medicaid providers that they must use the e-prescribing~~	120349
~~system for the upcoming fiscal year;~~	120350

~~(3) Seek the most federal financial participation available~~	120351
~~for the development and implementation of the e-prescribing~~	120352
~~system.~~	120353

~~Sec. 5111.085.~~ Sec. 5164.758. ~~Not later than July 1, 2012, the~~	120354
~~department of job and family services~~The medicaid director shall	120355
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	120356
of the Revised Code to implement a coordinated services program	120357
for medicaid recipients who are found to have obtained	120358
~~prescription~~prescribed drugs under the medicaid program at a	120359
frequency or in an amount that is not medically necessary. The	120360
program shall be implemented in a manner that is consistent with	120361
~~section 1915(a)(2) of~~ the "Social Security Act," ~~95 Stat. 810~~	120362
~~(1981)~~section 1915(a)(2), 42 U.S.C. 1396n(a)(2), ~~as amended,~~ and	120363
42 C.F.R. 431.54(e).	120364

~~Sec. 5111.08.~~ Sec. 5164.759. In accordance with ~~subsection (g) of~~	120365
~~section 1927 of~~ the "Social Security Act," ~~49 Stat. 320 (1935)~~	120366
section 1927(g), 42 U.S.C.A. 1396r-8(g), ~~as amended,~~ the	120367
department of ~~job and family services~~medicaid shall establish an	120368
outpatient drug use review program to assure that prescriptions	120369
obtained by medicaid recipients ~~of medical assistance under this~~	120370
~~chapter~~ are appropriate, medically necessary, and unlikely to	120371
cause adverse medical results.	120372

~~Sec. 5111.084.~~ Sec. 5164.7510. (A) There is hereby established the	120373
pharmacy and therapeutics committee of the department of ~~job and~~	120374
~~family services~~medicaid. The committee shall assist the	120375
department with developing and maintaining a preferred drug list	120376
for the medicaid program.	120377

The committee shall review and recommend to the medicaid	120378
director ~~of job and family services~~ the drugs that should be	120379
included on the preferred drug list. The recommendations shall be	120380
made based on the evaluation of competent evidence regarding the	120381
relative safety, efficacy, and effectiveness of ~~prescription~~	120382
prescribed drugs within a class or classes of ~~prescription~~	120383
prescribed drugs.	120384

(B) The committee shall consist of ten members and shall be	120385
appointed by the medicaid director ~~of job and family services~~. The	120386
director shall seek recommendations for membership from relevant	120387
professional organizations. A candidate for membership recommended	120388
by a professional organization shall have professional experience	120389
working with medicaid recipients.	120390

The membership of the committee shall include:

120391

(1) Three pharmacists licensed under Chapter 4729. of the	120392
Revised Code;	120393

(2) Two doctors of medicine and two doctors of osteopathy who	120394
hold certificates to practice issued under Chapter 4731. of the	120395
Revised Code, one of whom is a family practice physician;	120396

(3) A registered nurse licensed under Chapter 4723. of the	120397
Revised Code;	120398

(4) A pharmacologist who has a doctoral degree;

120399

(5) A psychiatrist who holds a certificate to practice issued	120400
under Chapter 4731. of the Revised Code and specializes in	120401
psychiatry.	120402

(C) The committee shall elect from among its members a	120403
chairperson. Five committee members constitute a quorum.	120404

The committee shall establish guidelines necessary for the	120405
committee's operation.	120406

The committee may establish one or more subcommittees to	120407
investigate and analyze issues consistent with the duties of the	120408
committee under this section. The subcommittees may submit	120409
proposals regarding the issues to the committee and the committee	120410
may adopt, reject, or modify the proposals.	120411

A vote by a majority of a quorum is necessary to make	120412
recommendations to the director. In the case of a tie, the	120413
chairperson shall decide the outcome.	120414

(D) The director shall act on the committee's recommendations	120415
not later than thirty days after the recommendation is posted on	120416
the department's web site under division (F) of this section. If	120417
the director does not accept a recommendation of the committee,	120418
the director shall present the basis for this determination not	120419
later than fourteen days after making the determination or at the	120420
next scheduled meeting of the committee, whichever is sooner.	120421

(E) An interested party may request, and shall be permitted,	120422
to make a presentation or submit written materials to the	120423
committee during a committee meeting. The presentation or other	120424
materials shall be relevant to an issue under consideration by the	120425
committee and any written material, including a transcript of	120426
testimony to be given on the day of the meeting, may be submitted	120427
to the committee in advance of the meeting.	120428

(F) The department shall post the following on the	120429
department's web site:	120430

(1) Guidelines established by the committee under division	120431
(C) of this section;	120432

(2) A detailed committee agenda not later than fourteen days	120433
prior to the date of a regularly scheduled meeting and not later	120434
than seventy-two hours prior to the date of a special meeting	120435
called by the committee;	120436

(3) Committee recommendations not later than seven days after	120437
the meeting at which the recommendation was approved;	120438

(4) The director's final determination as to the	120439
recommendations made by the committee under this section.	120440

~~Sec. 5111.025.~~ Sec. 5164.76. (A) In rules adopted under section	120441
~~5111.02~~5164.02 of the Revised Code, the medicaid director ~~of job~~	120442
~~and family services~~ shall modify the manner or establish a new	120443
manner in which the following are paid under medicaid:	120444

(1) Community mental health ~~agencies~~service providers or	120445
facilities for providing community mental health services ~~included~~	120446
incovered by the ~~state~~ medicaid ~~plan~~program pursuant to section	120447
~~5111.023~~5164.15 of the Revised Code;	120448

(2) Providers of alcohol and drug addiction services for	120449
providing alcohol and drug addiction services ~~included in~~covered	120450
by the medicaid program ~~pursuant to rules adopted under section~~	120451
~~5111.02 of the Revised Code~~.	120452

(B) The director's authority to modify the manner, or to	120453
establish a new manner, for medicaid to pay for the services	120454
specified in division (A) of this section is not limited by any	120455
rules adopted under section ~~5111.02 or 5119.61~~5119.22 or 5164.02	120456
of the Revised Code that are in effect on June 26, 2003, and	120457
govern the way medicaid pays for those services. This is the case	120458
regardless of what state agency adopted the rules.	120459

~~Sec. 5111.0213.~~ Sec. 5164.77. (A) As used in this section:

120460

(1) "Aide services" means all of the following:

120461

(a) Home health aide services available under the home health	120462
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	120463

(b) Home care attendant services available under a home and	120464
community-based services medicaid waiver component;	120465

(c) Personal care aide services available under a home and	120466
community-based services medicaid waiver component.	120467

(2) ~~"Home and community-based services medicaid waiver~~	120468
~~component" has the same meaning as in section 5111.85 of the~~	120469
~~Revised Code.~~	120470

~~(3)~~ "Independent provider" means an individual who personally	120471
provides aide services or nursing services and is not employed by,	120472
under contract with, or affiliated with another entity that	120473
provides those services.	120474

~~(4)~~(3) "Nursing services" means all of the following:

120475

(a) Nursing services available under the home health services	120476
benefit pursuant to 42 C.F.R. 440.70(b)(1);	120477

(b) Private duty nursing services as defined in 42 C.F.R.	120478
440.80;	120479

(c) Nursing services available under a home and	120480
community-based services medicaid waiver component.	120481

(B) The department of ~~job and family services~~medicaid shall	120482
do ~~both~~all of the following:	120483

(1) Effective October 1, 2011, reduce the medicaid program's	120484
first-hour-unit price for aide services to ninety-seven per cent	120485
of the price paid on June 30, 2011, and for nursing services to	120486
ninety-five per cent of the price paid on June 30, 2011;	120487

(2) Effective October 1, 2011, pay for a service that is an	120488
aide service or a nursing service provided by an independent	120489
provider eighty per cent of the price it pays for the same service	120490
provided by a provider that is not an independent provider;	120491

(3) Not sooner than July 1, 2012, adjust the medicaid	120492
~~reimbursement~~payment rates for aide services and nursing services	120493
in a manner that reflects, at a minimum, labor market data,	120494
education and licensure status, home health agency and independent	120495
provider status, and length of service visit.	120496

(C) The department shall strive to have the adjustment made	120497
under division (B)(3) of this section go into effect on July 1,	120498
2012. The reductions made under divisions (B)(1) and (2) of this	120499
section shall remain in effect until the adjustment made under	120500
division (B)(3) of this section goes into effect.	120501

~~(D) The director of job and family services shall adopt rules~~	120502
~~under sections 5111.02 and 5111.85 of the Revised Code as~~	120503
~~necessary to implement this section.~~	120504

Sec. 5164.78. (A) The medicaid payment rates for physician,	120505
pregnancy-related, evaluation, and management services provided by	120506
a physician group practice meeting the requirements of division	120507
(B) of this section shall be determined in accordance with rule	120508
5101:3-1-60.1 of the Administrative Code as the rule is in effect	120509
on the day immediately preceding the effective date of this	120510
section.	120511

(B) A physician group practice meets the requirements of this	120512
division if both of the following apply to the practice:	120513

(1) The practice is physically attached to a hospital that	120514
does not provide physician clinic outpatient services and the	120515
practice and hospital have signed a letter of agreement providing	120516
for the practice to provide outpatient hospital clinic services	120517
for the hospital.	120518

(2) The medicaid provider utilization summary for calendar	120519
year 1990 establishes that the practice provided both of the	120520
following that year:	120521

(a) At least forty per cent of the total number of medicaid	120522
physician visits provided in the county in which the practice is	120523
located;	120524

(b) An aggregate total of at least ten per cent of medicaid	120525
physician visits provided in the contiguous counties.	120526

(C) Not later than four years after the effective date of	120527
this section, the department of medicaid shall submit a report	120528
regarding this section to the general assembly in accordance with	120529
section 101.68 of the Revised Code.	120530

~~Sec. 5111.0212.~~ Sec. 5164.80. As necessary to comply with ~~section~~	120531
~~1902(a)(13)(A) of~~ the "Social Security Act," ~~111 Stat. 507 (1997)~~	120532
section 1902(a)(13)(A), 42 U.S.C. 1396a(a)(13)(A), ~~as amended,~~ and	120533
any other federal law that requires public notice of proposed	120534
changes to ~~reimbursement~~payment rates for ~~medical assistance~~	120535
~~provided under the~~ medicaid ~~program~~services, the medicaid	120536
director ~~of job and family services~~ shall give public notice in	120537
the register of Ohio of any change to a method or standard used to	120538
determine the medicaid ~~reimbursement~~payment rate for ~~medical~~	120539
~~assistance~~a medicaid service.	120540

~~Sec. 5111.0214.~~ Sec. 5164.82. The department of ~~job and family~~	120541
~~services~~medicaid shall not knowingly make a medicaid payment for	120542
a provider-preventable condition for which federal financial	120543
participation is prohibited by regulations adopted under ~~section~~	120544
~~2702 of~~ the "Patient Protection and Affordable Care Act," ~~124~~	120545
~~Stat. 318 (2010)~~section 2702, 42 U.S.C. 1396b-1. ~~The director of~~	120546
~~job and family services shall adopt rules under section 5111.02 of~~	120547
~~the Revised Code as necessary to implement this section.~~	120548

~~Sec. 5111.13.~~ Sec. 5164.85. (A) As used in this section,	120549
"cost-effective" and "group health plan" have the same meanings as	120550
in ~~section 1906 of~~ the "Social Security Act," ~~104 Stat. 1388-161~~	120551
~~(1990)~~section 1906, 42 U.S.C. 1396e, ~~as amended,~~ and any	120552
regulations adopted under that section.	120553

(B) The department of ~~job and family services~~medicaid may	120554
~~submit a medicaid state plan amendment to the United States~~	120555
~~secretary of health and human services for the purpose of~~	120556
~~implementing~~implement a program pursuant to ~~section 1906 of~~ the	120557
"Social Security Act," ~~104 Stat. 1388-161 (1990)~~section 1906, 42	120558
U.S.C. 1396e, ~~as amended,~~ for the enrollment of medicaid-eligible	120559
individuals in group health plans when the department determines	120560
that enrollment is cost-effective.	120561

~~(C) The director of job and family services may adopt rules~~	120562
~~in accordance with Chapter 119. of the Revised Code as necessary~~	120563
~~to implement this section.~~	120564

~~Sec. 5111.18.~~ Sec. 5164.86. ~~Not later than September 1, 2007, the~~	120565
The medicaid director ~~of job and family services~~ shall establish	120566
a qualified state long-term care insurance partnership program	120567
consistent with the definition of that term in the "Social	120568
Security Act," section 1917(b)(1)(C)(iii), 42 U.S.C.	120569
1396p(b)(1)(C)(iii). An individual participating in the program	120570
who is subject to the medicaid estate recovery program instituted	120571
under section ~~5111.11~~5162.21 of the Revised Code shall be	120572
eligible for the reduced adjustment or recovery under division (D)	120573
of that section.	120574

~~The director of job and family services may adopt rules in~~	120575
~~accordance with Chapter 119. of the Revised Code as necessary to~~	120576
~~implement this section.~~	120577

~~Sec. 5111.14.~~ Sec. 5164.88. The medicaid director ~~of job and family~~	120578
~~services~~ may ~~submit to the United States secretary of health and~~	120579
~~human services an amendment to the medicaid state plan in order to~~	120580
implement within the medicaid program a system under which	120581
medicaid recipients with chronic conditions are provided with	120582
coordinated care through health homes, as authorized by ~~section~~	120583
~~1945 of~~ the "Social Security Act," ~~124 Stat. 319 (2010)~~section	120584
1945, 42 U.S.C. 1396w-4.	120585

~~The director may adopt rules under section 5111.02 of the~~	120586
~~Revised Code to implement this section.~~	120587

Sec. 5164.881. The medicaid director, in consultation with	120588
the director of developmental disabilities, may develop and	120589
implement within the medicaid program a system under which	120590
eligible individuals with chronic conditions, as defined in the	120591
"Social Security Act," section 1945 (h)(1), 42 U.S.C.	120592
1396w-4(h)(1), who also have mental retardation or other	120593
developmental disabilities may receive health home services, as	120594
defined in the "Social Security Act," section 1945 (h)(4), 42	120595
U.S.C. 1396w-4(h)(4). Any such system shall focus on the needs of	120596
individuals and have as its goal improving services and outcomes	120597
under the medicaid program by improving integration of long-term	120598
care services and supportive services with primary and acute	120599
health care services.	120600

In developing any system under this section, the directors	120601
shall consult with representatives of county boards of	120602
developmental disabilities, the Ohio provider resource	120603
association, and the arc of Ohio. The directors may consult with	120604
any other individuals or entities that have an interest in the	120605
well being of individuals with developmental disabilities.	120606

~~Sec. 5111.141.~~ Sec. 5164.89. The department of ~~job and family~~	120607
~~services~~medicaid may require county departments of job and	120608
family services to provide case management of nonemergency	120609
transportation services provided under the ~~medical assistance~~	120610
medicaid program. County departments shall provide the case	120611
management if required by the department in accordance with rules	120612
adopted ~~by the director of job and family services~~under section	120613
5164.02 of the Revised Code.	120614

The department shall determine, for the purposes of claiming	120615
federal ~~reimbursement under the medical assistance program~~	120616
financial participation, whether it will claim expenditures for	120617
nonemergency transportation services as administrative or program	120618
expenditures.	120619

~~Sec. 5111.96.~~ Sec. 5164.90. (A) As used in this section, "MFP	120620
demonstration project" means a money follows the person	120621
demonstration project that the United States secretary of health	120622
and human services is authorized to award under section 6071 of	120623
the "Deficit Reduction Act of 2005" (Pub. L. No. 109-171, as	120624
amended).	120625

(B) To the extent funds are available under an MFP	120626
demonstration project awarded to the department of ~~job and family~~	120627
~~services~~medicaid, the director of ~~job and family services~~	120628
medicaid may operate the helping Ohioans move, expanding (HOME)	120629
choice demonstration component of the medicaid program to	120630
transition medicaid recipients who qualify for the demonstration	120631
component to community settings. ~~The director may adopt rules in~~	120632
~~accordance with Chapter 119. of the Revised Code for the~~	120633
~~administration and operation of the demonstration component.~~	120634

~~Sec. 5111.981.~~ Sec. 5164.91. ~~(A) As used in this section and~~	120635
~~section 5111.982 of the Revised Code:~~	120636

~~"Dual eligible individual" has the same meaning as in the~~	120637
~~"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.~~	120638
~~1396n(h)(2)(B).~~	120639

~~"Medicare" means the program created in the "Social Security~~	120640
~~Act," Title XVIII, 42 U.S.C. 1395 et seq., as amended.~~	120641

~~(B) Subject to division (C) of this section, the medical~~	120642
~~assistance~~The medicaid director may implement a demonstration	120643
project called the integrated care delivery system to test and	120644
evaluate the integration of the care that dual eligible	120645
individuals receive under medicare and medicaid. No provision of	120646
Title LI of the Revised Code applies to the integrated care	120647
delivery system if that provision implements or incorporates a	120648
provision of federal law governing medicaid and that provision of	120649
federal law does not apply to the system.	120650

~~(C) Before implementing the integrated care delivery system~~	120651
~~under division (B) of this section, the director shall obtain the~~	120652
~~approval of the United States secretary of health and human~~	120653
~~services in the form of a federal medicaid waiver, medicaid state~~	120654
~~plan amendment, or demonstration grant. The director is required~~	120655
~~to seek the federal approval only if the director seeks to~~	120656
~~implement the integrated care delivery system. The director shall~~	120657
~~implement the integrated care delivery system in accordance with~~	120658
~~the terms of the federal approval, including the terms regarding~~	120659
~~the duration of the system.~~	120660

Sec. 5164.911. (A) If the medicaid director implements the	120661
integrated care delivery system and except as provided in division	120662
(D) of this section, the director shall annually evaluate all of	120663
the following:	120664

(1) The health outcomes of ICDS participants;

120665

(2) How changes to the administration of the ICDS affect all	120666
of the following:	120667

(a) Claims processing;

120668

(b) The appeals process;

120669

120670

(d) Prior authorization requests for services.

120671

(3) The provider panel selection process used by medicaid	120672
managed care organizations participating in the ICDS.	120673

(B) When conducting an evaluation under division (A) of this	120674
section, the director shall do all of the following:	120675

(1) For the purpose of division (A)(1) of this section, do	120676
both of the following:	120677

(a) Compare the health outcomes of ICDS participants to the	120678
health outcomes of individuals who are not ICDS participants;	120679

(b) Use both of the following:

120680

(i) A control group consisting of ICDS participants who	120681
receive health care services from providers not participating in	120682
ICDS;	120683

(ii) A control group consisting of ICDS participants who	120684
receive health care services from alternative providers that are	120685
not part of a participating medicaid managed care organization's	120686
provider panel but provide health care services in the geographic	120687
service area in which ICDS participants receive health care	120688
services.	120689

(2) For the purpose of division (A)(2) of this section, do	120690
all of the following:	120691

(a) To the extent the data is available, use data from all of	120692
the following:	120693

(i) The fee-for-service component of the medicaid program;

120694

(ii) Medicaid managed care organizations;

120695

(iii) Managed care organizations participating in the	120696
medicare advantage program established under Part C of Title XVIII	120697
of the "Social Security Act," 42 U.S.C. 1395w-21 et seq.	120698

(b) Identify all of the following:

120699

(i) Changes in the amount of time it takes to process claims	120700
and the number of claims denied and the reasons for the changes;	120701

(ii) The impact that changes to the administration of the	120702
ICDS had on the appeals process and number of reassessments	120703
requested;	120704

(iii) The number of prior authorization denials that were	120705
overturned and the reasons for the overturned denials.	120706

(3) Require medicaid managed care organizations participating	120707
in the ICDS to submit to the director any data the director needs	120708
for the evaluation.	120709

(C) Not later than the first day of each July, the director	120710
shall complete a report of the evaluation conducted under this	120711
section. The director shall provide a copy of the report to the	120712
general assembly in accordance with section 101.68 of the Revised	120713
Code and make the report available to the public.	120714

(D) The director is not required to conduct an evaluation	120715
under this section for a year if the same evaluation is conducted	120716
for that year by an organization under contract with the United	120717
States department of health and human services.	120718

~~Sec. 5111.0210.~~ Sec. 5164.92. As used in this section, "advanced	120719
diagnostic imaging services" means magnetic resonance imaging	120720
services, computed tomography services, positron emission	120721
tomography services, cardiac nuclear medicine services, and	120722
similar imaging services.	120723

~~Not later than January 1, 2010, the~~The department of ~~job and~~	120724
~~family services~~medicaid shall implement evidence-based, best	120725
practice guidelines or protocols and decision support tools for	120726
advanced diagnostic imaging services ~~available under~~covered by	120727
the fee-for-service component of the medicaid program.	120728

~~Sec. 5111.0215.~~ Sec. 5164.93. (A) The department of ~~job and family~~	120729
~~services~~medicaid may establish a program under which it provides	120730
incentive payments, as authorized by the "~~Health Information~~	120731
~~Technology for Economic and Clinical Health~~Social Security Act,"	120732
~~123 Stat. 489 (2009)~~section 1903(a)(3)(F) and (t), 42 U.S.C.	120733
1396b(a)(3)(F) and ~~1396b~~(t), ~~as amended,~~ to encourage the adoption	120734
and use of electronic health record technology by medicaid	120735
providers who are identified under that federal law as eligible	120736
professionals.	120737

(B) After the department has made a determination regarding	120738
the amount of a medicaid provider's electronic health record	120739
incentive payment or the denial of an incentive payment, the	120740
department shall notify the provider. The provider may request	120741
that the department reconsider its determination.	120742

A request for reconsideration shall be submitted in writing	120743
to the department not later than fifteen days after the provider	120744
receives notification of the determination. The request shall be	120745
accompanied by written materials setting forth the basis for, and	120746
supporting, the reconsideration request.	120747

On receipt of a timely request, the department shall	120748
reconsider the determination. On the basis of the written	120749
materials accompanying the request, the department may uphold,	120750
reverse, or modify its original determination. The department	120751
shall mail to the provider by certified mail a written notice of	120752
the reconsideration decision.	120753

In accordance with Chapter 2505. of the Revised Code, the	120754
medicaid provider may appeal the reconsideration decision by	120755
filing a notice of appeal with the court of common pleas of	120756
Franklin county. The notice shall identify the decision being	120757
appealed and the specific grounds for the appeal. The notice of	120758
appeal shall be filed not later than fifteen days after the	120759
department mails its notice of the reconsideration decision. A	120760
copy of the notice of appeal shall be filed with the department	120761
not later than three days after the notice is filed with the	120762
court.	120763

(C) The medicaid director ~~of job and family services~~ may	120764
adopt rules ~~in accordance with Chapter 119.~~under section 5162.02	120765
of the Revised Code as necessary to implement this section. The	120766
rules, if any, shall be adopted in accordance with Chapter 119. of	120767
the Revised Code.	120768

~~Sec. 5111.20.~~ Sec. 5165.01. As used in ~~sections 5111.20 to~~	120769
~~5111.331 of the Revised Code~~this chapter:	120770

(A) "Affiliated operator" means an operator affiliated with	120771
either of the following:	120772

(1) The exiting operator for whom the affiliated operator is	120773
to assume liability for the entire amount of the exiting	120774
operator's debt under the medicaid program or the portion of the	120775
debt that represents the franchise permit fee the exiting operator	120776
owes;	120777

(2) The entering operator involved in the change of operator	120778
with the exiting operator specified in division (A)(1) of this	120779
section.	120780

(B) "Allowable costs" are ~~those~~a nursing facility's costs	120781
~~determined by~~that the department of ~~job and family services to be~~	120782
medicaid determines are reasonable ~~and do not include fines~~. Fines	120783
paid under sections ~~5111.35~~5165.60 to ~~5111.61~~5165.89 and section	120784
~~5111.99~~5165.99 of the Revised Code are not allowable costs.	120785

~~(B)~~(C) "Ancillary and support costs" means all reasonable	120786
costs incurred by a nursing facility other than direct care costs,	120787
tax costs, or capital costs. "Ancillary and support costs"	120788
includes, but is not limited to, costs of activities, social	120789
services, pharmacy consultants, habilitation supervisors,	120790
qualified mental retardation professionals, program directors,	120791
medical and habilitation records, program supplies, incontinence	120792
supplies, food, enterals, dietary supplies and personnel, laundry,	120793
housekeeping, security, administration, medical equipment,	120794
utilities, liability insurance, bookkeeping, purchasing	120795
department, human resources, communications, travel, dues, license	120796
fees, subscriptions, home office costs not otherwise allocated,	120797
legal services, accounting services, minor equipment, maintenance	120798
and repairs, help-wanted advertising, informational advertising,	120799
start-up costs, organizational expenses, other interest, property	120800
insurance, employee training and staff development, employee	120801
benefits, payroll taxes, and workers' compensation premiums or	120802
costs for self-insurance claims and related costs as specified in	120803
rules adopted ~~by the director of job and family services~~ under	120804
section ~~5111.02~~5165.02 of the Revised Code, for personnel listed	120805
in this division. "Ancillary and support costs" also means the	120806
cost of equipment, including vehicles, acquired by operating lease	120807
executed before December 1, 1992, if the costs are reported as	120808
administrative and general costs on the nursing facility's cost	120809
report for the cost reporting period ending December 31, 1992.	120810

~~(C)~~(D)(1) "Capital costs" means ~~costs of ownership and, in~~	120811
~~the case of an intermediate care facility for the mentally~~	120812
~~retarded, costs of nonextensive renovation~~the actual expense	120813
incurred by a nursing facility for all of the following:	120814

(a) Depreciation and interest on any capital assets that cost	120815
five hundred dollars or more per item, including the following:	120816

(i) Buildings;

120817

(ii) Building improvements;

120818

(iii) Except as provided in division (C) of this section,	120819
equipment;	120820

(iv) Transportation equipment.

120821

(b) Amortization and interest on land improvements and	120822
leasehold improvements;	120823

120824

(d) Lease and rent of land, buildings, and equipment.

120825

(2) The costs of capital assets of less than five hundred	120826
dollars per item may be considered capital costs in accordance	120827
with a provider's practice.	120828

~~(1) "Cost of ownership" means the actual expense incurred for~~	120829
~~all of the following:~~	120830

~~(a) Depreciation and interest on any capital assets that cost~~	120831
~~five hundred dollars or more per item, including the following:~~	120832

~~(i) Buildings;~~

120833

~~(ii) Building improvements that are not approved as~~	120834
~~nonextensive renovations under section 5111.251 of the Revised~~	120835
~~Code;~~	120836

~~(iii) Except as provided in division (B) of this section,~~	120837
~~equipment;~~	120838

~~(iv) In the case of an intermediate care facility for the~~	120839
~~mentally retarded, extensive renovations;~~	120840

~~(v) Transportation equipment.~~

120841

~~(b) Amortization and interest on land improvements and~~	120842
~~leasehold improvements;~~	120843

~~(c) Amortization of financing costs;~~

120844

~~(d) Except as provided in division (K) of this section, lease~~	120845
~~and rent of land, building, and equipment.~~	120846

~~The costs of capital assets of less than five hundred dollars~~	120847
~~per item may be considered capital costs in accordance with a~~	120848
~~provider's practice.~~	120849

~~(2) "Costs of nonextensive renovation" means the actual~~	120850
~~expense incurred by an intermediate care facility for the mentally~~	120851
~~retarded for depreciation or amortization and interest on~~	120852
~~renovations that are not extensive renovations.~~	120853

~~(D)~~(E) "Capital lease" and "operating lease" shall be	120854
construed in accordance with generally accepted accounting	120855
principles.	120856

~~(E) "Case-mix score" means the measure determined under~~	120857
~~section 5111.232 of the Revised Code of the relative direct-care~~	120858
~~resources needed to provide care and habilitation to a resident of~~	120859
~~a nursing facility or intermediate care facility for the mentally~~	120860
~~retarded.~~	120861

(F) "Case-mix score" means a measure determined under section	120862
5165.192 of the Revised Code of the relative direct-care resources	120863
needed to provide care and habilitation to a nursing facility	120864
resident.	120865

(G) "Change of operator" means an entering operator becoming	120866
the operator of a nursing facility in the place of the exiting	120867
operator.	120868

(1) Actions that constitute a change of operator include the	120869
following:	120870

(a) A change in an exiting operator's form of legal	120871
organization, including the formation of a partnership or	120872
corporation from a sole proprietorship;	120873

(b) A transfer of all the exiting operator's ownership	120874
interest in the operation of the nursing facility to the entering	120875
operator, regardless of whether ownership of any or all of the	120876
real property or personal property associated with the nursing	120877
facility is also transferred;	120878

(c) A lease of the nursing facility to the entering operator	120879
or the exiting operator's termination of the exiting operator's	120880
lease;	120881

(d) If the exiting operator is a partnership, dissolution of	120882
the partnership;	120883

(e) If the exiting operator is a partnership, a change in	120884
composition of the partnership unless both of the following apply:	120885

(i) The change in composition does not cause the	120886
partnership's dissolution under state law.	120887

(ii) The partners agree that the change in composition does	120888
not constitute a change in operator.	120889

(f) If the operator is a corporation, dissolution of the	120890
corporation, a merger of the corporation into another corporation	120891
that is the survivor of the merger, or a consolidation of one or	120892
more other corporations to form a new corporation.	120893

(2) The following, alone, do not constitute a change of	120894
operator:	120895

(a) A contract for an entity to manage a nursing facility as	120896
the operator's agent, subject to the operator's approval of daily	120897
operating and management decisions;	120898

(b) A change of ownership, lease, or termination of a lease	120899
of real property or personal property associated with a nursing	120900
facility if an entering operator does not become the operator in	120901
place of an exiting operator;	120902

(c) If the operator is a corporation, a change of one or more	120903
members of the corporation's governing body or transfer of	120904
ownership of one or more shares of the corporation's stock, if the	120905
same corporation continues to be the operator.	120906

(H) "Cost center" means the following:

120907

(1) Ancillary and support costs;

120908

(2) Capital costs;

120909

(3) Direct care costs;

120910

(4) Tax costs.

120911

(I) "Custom wheelchair" means a wheelchair to which both of	120912
the following apply:	120913

(1) It has been measured, fitted, or adapted in consideration	120914
of either of the following:	120915

(a) The body size or disability of the individual who is to	120916
use the wheelchair;	120917

(b) The individual's period of need for, or intended use of,	120918
the wheelchair.	120919

(2) It has customized features, modifications, or components,	120920
such as adaptive seating and positioning systems, that the	120921
supplier who assembled the wheelchair, or the manufacturer from	120922
which the wheelchair was ordered, added or made in accordance with	120923
the instructions of the physician of the individual who is to use	120924
the wheelchair.	120925

(J)(1) "Date of licensure," ~~for a~~means the following:

120926

(a) In the case of a nursing facility ~~originally~~that was	120927
required by law to be licensed as a nursing home under Chapter	120928
3721. of the Revised Code when it originally began to be operated	120929
as a nursing home, ~~means~~ the date ~~specific beds were~~the nursing	120930
facility was originally so licensed ~~as nursing home beds under~~	120931
~~that chapter, regardless of whether they were subsequently~~	120932
~~licensed as residential facility beds under section 5123.19 of the~~	120933
~~Revised Code. For a facility originally licensed as a residential~~	120934
~~facility under section 5123.19 of the Revised Code, "date of~~	120935
~~licensure" means the date specific beds were originally licensed~~	120936
~~as residential facility beds under that section.~~;	120937

If(b) In the case of a nursing ~~home beds licensed under~~	120938
~~Chapter 3721. of the Revised Code or residential facility beds~~	120939
~~licensed under section 5123.19 of the Revised Code were~~facility	120940
that was not required by law to be licensed as a nursing home when	120941
~~they were~~it originally ~~used to provide~~began to be operated as a	120942
nursing home ~~or residential facility services~~, ~~"date of licensure"~~	120943
~~means~~ the date ~~the beds~~it first ~~were used to provide~~began to be	120944
operated as a nursing home ~~or residential facility services~~,	120945
regardless of the date the ~~present provider obtained licensure~~	120946
nursing facility was first licensed as a nursing home.	120947

(2) If ~~a facility adds~~, after a nursing facility's original	120948
date of licensure, more nursing home beds ~~or residential facility~~	120949
~~beds or extensively renovatesall or part of the facility after~~	120950
~~its original date of licensure~~are added to the nursing facility,	120951
~~it will have~~the nursing facility has a different date of	120952
licensure for the additional beds ~~or extensively renovated portion~~	120953
~~of the facility, unless the beds are added in a space~~. This does	120954
not apply, however, to additional beds when both of the following	120955
apply:	120956

(a) The additional beds are located in a part of the nursing	120957
facility that was constructed at the same time as the ~~previously~~	120958
~~licensed~~continuing beds ~~but~~already located in that part of the	120959
nursing facility;	120960

(b) The part of the nursing facility in which the additional	120961
beds are located was constructed as part of the nursing facility	120962
at a time when the nursing facility was not required by law to be	120963
licensed ~~under Chapter 3721. or section 5123.19 of the Revised~~	120964
~~Code at that time~~as a nursing home.	120965

~~(2)~~(3) The definition of "date of licensure" in this section	120966
applies in determinations of ~~the~~nursing facilities' medicaid	120967
~~reimbursement rate for a nursing facility or intermediate care~~	120968
~~facility for the mentally retarded~~payment rates but does not	120969
apply in determinations of ~~the~~nursing facilities' franchise	120970
permit ~~fee for a nursing facility or intermediate care facility~~	120971
~~for the mentally retarded~~fees.	120972

~~(G)~~(K) "Desk-reviewed" means that a nursing facility's costs	120973
as reported on a cost report submitted under section ~~5111.26~~	120974
5165.10 of the Revised Code have been subjected to a desk review	120975
under ~~division (A) of~~ section ~~5111.27~~5165.108 of the Revised Code	120976
and preliminarily determined to be allowable costs.	120977

~~(H)~~(L) "Direct care costs" means all of the following costs	120978
incurred by a nursing facility:	120979

(1)~~(a)~~ Costs for registered nurses, licensed practical	120980
nurses, and nurse aides employed by the nursing facility;	120981

~~(b)~~(2) Costs for direct care staff, administrative nursing	120982
staff, medical directors, respiratory therapists, and except as	120983
provided in division ~~(H)(2)~~(L)(8) of this section, other persons	120984
holding degrees qualifying them to provide therapy;	120985

~~(c)~~(3) Costs of purchased nursing services;

120986

~~(d)~~(4) Costs of quality assurance;

120987

~~(e)~~(5) Costs of training and staff development, employee	120988
benefits, payroll taxes, and workers' compensation premiums or	120989
costs for self-insurance claims and related costs as specified in	120990
rules adopted ~~by the director of job and family services in~~	120991
~~accordance with Chapter 119.~~under section 5165.02 of the Revised	120992
Code, for personnel listed in divisions ~~(H)~~(L)(1)~~(a)~~, ~~(b)~~(2), ~~and~~	120993
~~(d)~~(4), and (8) of this section;	120994

~~(f)~~(6) Costs of consulting and management fees related to	120995
direct care;	120996

~~(g)~~(7) Allocated direct care home office costs.

120997

~~(2) In addition to the costs specified in division (H)(1) of~~	120998
~~this section, for nursing facilities only, direct care costs~~	120999
~~include costs~~;	121000

(8) Costs of habilitation staff (other than habilitation	121001
supervisors), medical supplies, emergency oxygen, over-the-counter	121002
pharmacy products, behavioral and mental health services, physical	121003
therapists, physical therapy assistants, occupational therapists,	121004
occupational therapy assistants, speech therapists, audiologists,	121005
habilitation supplies, ~~wheelchairs, resident transportation,~~ and	121006
universal precautions supplies.;	121007

~~(3) In addition to the costs specified in division (H)(1) of~~	121008
~~this section, for intermediate care facilities for the mentally~~	121009
~~retarded only, direct care costs include both of the following:~~	121010

~~(a) Costs for physical therapists and physical therapy~~	121011
~~assistants, occupational therapists and occupational therapy~~	121012
~~assistants, speech therapists, audiologists, habilitation staff~~	121013
~~(including habilitation supervisors), qualified mental retardation~~	121014
~~professionals, program directors, social services staff,~~	121015
~~activities staff, off-site day programming, psychologists and~~	121016
~~psychology assistants, and social workers and counselors;~~	121017

~~(b) Costs of training and staff development, employee~~	121018
~~benefits, payroll taxes, and workers' compensation premiums or~~	121019
~~costs for self-insurance claims and related costs as specified in~~	121020
~~rules adopted under section 5111.02 of the Revised Code, for~~	121021
~~personnel listed in division (H)(3)(a) of this section.~~	121022

~~(4)~~(9) Until January 1, 2014, costs of oxygen, wheelchairs,	121023
and resident transportation;	121024

(10) Beginning January 1, 2014, costs of both of the	121025
following:	121026

(a) Emergency oxygen;

121027

(b) Wheelchairs other than the following:

121028

(i) Custom wheelchairs;

121029

(ii) Repairs to and replacements of custom wheelchairs and	121030
parts that are made in accordance with the instructions of the	121031
physician of the individual who uses the custom wheelchair.	121032

(11) Costs of other direct-care resources that are specified	121033
as direct care costs in rules adopted under section ~~5111.02~~	121034
5165.02 of the Revised Code.	121035

~~(I)~~(M) "Dual eligible individual" has the same meaning as in	121036
section 5160.01 of the Revised Code.	121037

(N) "Effective date of a change of operator" means the day	121038
the entering operator becomes the operator of the nursing	121039
facility.	121040

(O) "Effective date of a facility closure" means the last day	121041
that the last of the residents of the nursing facility resides in	121042
the nursing facility.	121043

(P) "Effective date of an involuntary termination" means the	121044
date the department of medicaid terminates the operator's provider	121045
agreement for the nursing facility.	121046

(Q) "Effective date of a voluntary withdrawal of	121047
participation" means the day the nursing facility ceases to accept	121048
new medicaid residents other than the individuals who reside in	121049
the nursing facility on the day before the effective date of the	121050
voluntary withdrawal of participation.	121051

(R) "Entering operator" means the person or government entity	121052
that will become the operator of a nursing facility when a change	121053
of operator occurs or following an involuntary termination.	121054

(S) "Exiting operator" means any of the following:

121055

(1) An operator that will cease to be the operator of a	121056
nursing facility on the effective date of a change of operator;	121057

(2) An operator that will cease to be the operator of a	121058
nursing facility on the effective date of a facility closure;	121059

(3) An operator of a nursing facility that is undergoing or	121060
has undergone a voluntary withdrawal of participation;	121061

(4) An operator of a nursing facility that is undergoing or	121062
has undergone an involuntary termination.	121063

(T)(1) Subject to divisions (T)(2) and (3) of this section,	121064
"facility closure" means either of the following:	121065

(a) Discontinuance of the use of the building, or part of the	121066
building, that houses the facility as a nursing facility that	121067
results in the relocation of all of the nursing facility's	121068
residents;	121069

(b) Conversion of the building, or part of the building, that	121070
houses a nursing facility to a different use with any necessary	121071
license or other approval needed for that use being obtained and	121072
one or more of the nursing facility's residents remaining in the	121073
building, or part of the building, to receive services under the	121074
new use.	121075

(2) A facility closure occurs regardless of any of the	121076
following:	121077

(a) The operator completely or partially replacing the	121078
nursing facility by constructing a new nursing facility or	121079
transferring the nursing facility's license to another nursing	121080
facility;	121081

(b) The nursing facility's residents relocating to another of	121082
the operator's nursing facilities;	121083

(c) Any action the department of health takes regarding the	121084
nursing facility's medicaid certification that may result in the	121085
transfer of part of the nursing facility's survey findings to	121086
another of the operator's nursing facilities;	121087

(d) Any action the department of health takes regarding the	121088
nursing facility's license under Chapter 3721. of the Revised	121089
Code.	121090

(3) A facility closure does not occur if all of the nursing	121091
facility's residents are relocated due to an emergency evacuation	121092
and one or more of the residents return to a medicaid-certified	121093
bed in the nursing facility not later than thirty days after the	121094
evacuation occurs.	121095

(U) "Fiscal year" means the fiscal year of this state, as	121096
specified in section 9.34 of the Revised Code.	121097

~~(J)~~(V) "Franchise permit fee" means ~~the following:~~

121098

~~(1) In the context of nursing facilities,~~ the fee imposed by	121099
sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised Code;	121100

~~(2) In the context of intermediate care facilities for the~~	121101
~~mentally retarded, the fee imposed by sections 5112.30 to 5112.39~~	121102
~~of the Revised Code~~.	121103

~~(K) "Indirect care costs" means all reasonable costs incurred~~	121104
~~by an intermediate care facility for the mentally retarded other~~	121105
~~than direct care costs, other protected costs, or capital costs.~~	121106
~~"Indirect care costs" includes but is not limited to costs of~~	121107
~~habilitation supplies, pharmacy consultants, medical and~~	121108
~~habilitation records, program supplies, incontinence supplies,~~	121109
~~food, enterals, dietary supplies and personnel, laundry,~~	121110
~~housekeeping, security, administration, liability insurance,~~	121111
~~bookkeeping, purchasing department, human resources,~~	121112
~~communications, travel, dues, license fees, subscriptions, home~~	121113
~~office costs not otherwise allocated, legal services, accounting~~	121114
~~services, minor equipment, maintenance and repairs, help-wanted~~	121115
~~advertising, informational advertising, start-up costs,~~	121116
~~organizational expenses, other interest, property insurance,~~	121117
~~employee training and staff development, employee benefits,~~	121118
~~payroll taxes, and workers' compensation premiums or costs for~~	121119
~~self-insurance claims and related costs as specified in rules~~	121120
~~adopted under section 5111.02 of the Revised Code, for personnel~~	121121
~~listed in this division. Notwithstanding division (C)(1) of this~~	121122
~~section, "indirect care costs" also means the cost of equipment,~~	121123
~~including vehicles, acquired by operating lease executed before~~	121124
~~December 1, 1992, if the costs are reported as administrative and~~	121125
~~general costs on the facility's cost report for the cost reporting~~	121126
~~period ending December 31, 1992.~~	121127

~~(L)~~(W) "Inpatient days" means ~~the following:~~

121128

~~(1) In the context of a nursing facility,~~ both of the	121129
following:	121130

~~(a)~~(1) All days during which a resident, regardless of	121131
payment source, occupies a bed in a nursing facility that is	121132
included in the nursing facility's ~~certified~~medicaid-certified	121133
capacity ~~under Title XIX~~;	121134

~~(b)~~(2) Fifty per cent of the days for which payment is made	121135
under section ~~5111.331~~5165.34 of the Revised Code.	121136

~~(2) In the context of an intermediate care facility for the~~	121137
~~mentally retarded, both of the following:~~	121138

~~(a) All days during which a resident, regardless of payment~~	121139
~~source, occupies a bed in an intermediate care facility for the~~	121140
~~mentally retarded that is included in the facility's certified~~	121141
~~capacity under Title XIX;~~	121142

~~(b) All days for which payment is made under section 5111.33~~	121143
~~of the Revised Code.~~	121144

~~(M) "Intermediate care facility for the mentally retarded"~~	121145
~~means an intermediate care facility for the mentally retarded~~	121146
~~certified as in compliance with applicable standards for the~~	121147
~~medicaid program by the director of health in accordance with~~	121148
~~Title XIX.~~	121149

~~(N)~~(X) "Involuntary termination" means the department of	121150
medicaid's termination of the operator's provider agreement for	121151
the nursing facility when the termination is not taken at the	121152
operator's request.	121153

(Y) "Low resource utilization resident" means a medicaid	121154
recipient residing in a nursing facility who, for purposes of	121155
calculating the nursing facility's medicaid payment rate for	121156
direct care costs, is placed in either of the two lowest resource	121157
utilization groups, excluding any resource utilization group that	121158
is a default group used for residents with incomplete assessment	121159
data.	121160

(Z) "Maintenance and repair expenses" means~~, except as~~	121161
~~provided in division (BB)(2) of this section,~~a nursing facility's	121162
expenditures that are necessary and proper to maintain an asset in	121163
a normally efficient working condition and that do not extend the	121164
useful life of the asset two years or more. "Maintenance and	121165
repair expenses" includes but is not limited to the ~~cost~~costs of	121166
ordinary repairs such as painting and wallpapering.	121167

~~(O)~~(AA) "Medicaid-certified capacity" means the number of a	121168
nursing facility's beds that are certified for participation in	121169
medicaid as nursing facility beds.	121170

(BB) "Medicaid days" means ~~the following:~~

121171

~~(1) In the context of a nursing facility,~~ both of the	121172
following:	121173

~~(a)~~(1) All days during which a resident who is a medicaid	121174
recipient eligible for nursing facility services occupies a bed in	121175
a nursing facility that is included in the nursing facility's	121176
~~certified~~medicaid-certified capacity ~~under Title XIX~~;	121177

~~(b)~~(2) Fifty per cent of the days for which payment is made	121178
under section ~~5111.331~~5165.34 of the Revised Code.	121179

~~(2) In the context of an intermediate care facility for the~~	121180
~~mentally retarded, both of the following:~~	121181

~~(a) All days during which a resident who is a medicaid~~	121182
~~recipient eligible for intermediate care facility for the mentally~~	121183
~~retarded services occupies a bed in an intermediate care facility~~	121184
~~for the mentally retarded that is included in the facility's~~	121185
~~certified capacity under Title XIX;~~	121186

~~(b) All days for which payment is made under section 5111.33~~	121187
~~of the Revised Code.~~	121188

~~(P)~~(CC)(1) "New nursing facility" means a nursing facility	121189
for which the provider obtains an initial provider agreement	121190
following medicaid certification of the nursing facility by the	121191
director of health, including such a nursing facility that	121192
replaces one or more nursing facilities for which a provider	121193
previously held a provider agreement.	121194

(2) "New nursing facility" does not mean a nursing facility	121195
for which the entering operator seeks a provider agreement	121196
pursuant to section 5165.511 or 5165.512 or (pursuant to section	121197
5165.515) section 5165.07 of the Revised Code.	121198

(DD) "Nursing facility" ~~means a facility, or a distinct part~~	121199
~~of a facility, that is certified as a nursing facility by the~~	121200
~~director of health in accordance with Title XIX and is not an~~	121201
~~intermediate care facility for the mentally retarded. "Nursing~~	121202
~~facility" includes a facility, or a distinct part of a facility,~~	121203
~~that is certified as a nursing facility by the director of health~~	121204
~~in accordance with Title XIX and is certified as a skilled nursing~~	121205
~~facility by the director in accordance with Title XVIII~~has the	121206
same meaning as in the "Social Security Act," section 1919(a), 42	121207
U.S.C. 1396r(a).	121208

~~(Q)~~(EE) "Nursing facility services" has the same meaning as	121209
in the "Social Security Act," section 1905(f), 42 U.S.C. 1396d(f).	121210

(FF) "Nursing home" has the same meaning as in section	121211
3721.01 of the Revised Code.	121212

(GG) "Operator" means the person or government entity	121213
responsible for the daily operating and management decisions for a	121214
nursing facility ~~or intermediate care facility for the mentally~~	121215
~~retarded~~.	121216

~~(R) "Other protected costs" means costs incurred by an~~	121217
~~intermediate care facility for the mentally retarded for medical~~	121218
~~supplies; real estate, franchise, and property taxes; natural gas,~~	121219
~~fuel oil, water, electricity, sewage, and refuse and hazardous~~	121220
~~medical waste collection; allocated other protected home office~~	121221
~~costs; and any additional costs defined as other protected costs~~	121222
~~in rules adopted under section 5111.02 of the Revised Code.~~	121223

~~(S)~~(HH)(1) "Owner" means any person or government entity that	121224
has at least five per cent ownership or interest, either directly,	121225
indirectly, or in any combination, in any of the following	121226
regarding a nursing facility ~~or intermediate care facility for the~~	121227
~~mentally retarded~~:	121228

(a) The land on which the nursing facility is located;

121229

(b) The structure in which the nursing facility is located;

121230

(c) Any mortgage, contract for deed, or other obligation	121231
secured in whole or in part by the land or structure on or in	121232
which the nursing facility is located;	121233

(d) Any lease or sublease of the land or structure on or in	121234
which the nursing facility is located.	121235

(2) "Owner" does not mean a holder of a debenture or bond	121236
related to the nursing facility ~~or intermediate care facility for~~	121237
~~the mentally retarded~~ and purchased at public issue or a regulated	121238
lender that has made a loan related to the nursing facility unless	121239
the holder or lender operates the nursing facility directly or	121240
through a subsidiary.	121241

~~(T) "Patient" includes "resident."~~

121242

~~(U) Except as provided in divisions (U)(1) and (2) of this~~	121243
~~section, "per~~(II) "Per diem" means a nursing facility's or	121244
~~intermediate care facility for the mentally retarded's~~ actual,	121245
allowable costs in a given cost center in a cost reporting period,	121246
divided by the nursing facility's inpatient days for that cost	121247
reporting period.	121248

~~(1) When calculating indirect care costs for the purpose of~~	121249
~~establishing rates under section 5111.241 of the Revised Code,~~	121250
~~"per diem" means an intermediate care facility for the mentally~~	121251
~~retarded's actual, allowable indirect care costs in a cost~~	121252
~~reporting period divided by the greater of the facility's~~	121253
~~inpatient days for that period or the number of inpatient days the~~	121254
~~facility would have had during that period if its occupancy rate~~	121255
~~had been eighty-five per cent.~~	121256

~~(2) When calculating capital costs for the purpose of~~	121257
~~establishing rates under section 5111.251 of the Revised Code,~~	121258
~~"per diem" means a facility's actual, allowable capital costs in a~~	121259
~~cost reporting period divided by the greater of the facility's~~	121260
~~inpatient days for that period or the number of inpatient days the~~	121261
~~facility would have had during that period if its occupancy rate~~	121262
~~had been ninety-five per cent.~~	121263

~~(V)~~(JJ) "Provider" means an operator with a provider	121264
agreement.	121265

~~(W)~~(KK) "Provider agreement" means a ~~contract~~provider	121266
agreement, as defined in section 5164.01 of the Revised Code, that	121267
is between the department of ~~job and family services~~medicaid and	121268
the operator of a nursing facility ~~or intermediate care facility~~	121269
~~for the mentally retarded~~ for the provision of nursing facility	121270
services ~~or intermediate care facility services for the mentally~~	121271
~~retarded~~ under the medicaid program.	121272

~~(X)~~(LL) "Purchased nursing services" means services that are	121273
provided in a nursing facility by registered nurses, licensed	121274
practical nurses, or nurse aides who are not employees of the	121275
nursing facility.	121276

~~(Y)~~(MM) "Reasonable" means that a cost is an actual cost that	121277
is appropriate and helpful to develop and maintain the operation	121278
of patient care facilities and activities, including normal	121279
standby costs, and that does not exceed what a prudent buyer pays	121280
for a given item or services. Reasonable costs may vary from	121281
provider to provider and from time to time for the same provider.	121282

~~(Z)~~(NN) "Related party" means an individual or organization	121283
that, to a significant extent, has common ownership with, is	121284
associated or affiliated with, has control of, or is controlled	121285
by, the provider.	121286

(1) An individual who is a relative of an owner is a related	121287
party.	121288

(2) Common ownership exists when an individual or individuals	121289
possess significant ownership or equity in both the provider and	121290
the other organization. Significant ownership or equity exists	121291
when an individual or individuals possess five per cent ownership	121292
or equity in both the provider and a supplier. Significant	121293
ownership or equity is presumed to exist when an individual or	121294
individuals possess ten per cent ownership or equity in both the	121295
provider and another organization from which the provider	121296
purchases or leases real property.	121297

(3) Control exists when an individual or organization has the	121298
power, directly or indirectly, to significantly influence or	121299
direct the actions or policies of an organization.	121300

(4) An individual or organization that supplies goods or	121301
services to a provider shall not be considered a related party if	121302
all of the following conditions are met:	121303

(a) The supplier is a separate bona fide organization.

121304

(b) A substantial part of the supplier's business activity of	121305
the type carried on with the provider is transacted with others	121306
than the provider and there is an open, competitive market for the	121307
types of goods or services the supplier furnishes.	121308

(c) The types of goods or services are commonly obtained by	121309
other nursing facilities ~~or intermediate care facilities for the~~	121310
~~mentally retarded~~ from outside organizations and are not a basic	121311
element of patient care ordinarily furnished directly to patients	121312
by ~~the~~nursing facilities.	121313

(d) The charge to the provider is in line with the charge for	121314
the goods or services in the open market and no more than the	121315
charge made under comparable circumstances to others by the	121316
supplier.	121317

~~(AA)~~(OO) "Relative of owner" means an individual who is	121318
related to an owner of a nursing facility ~~or intermediate care~~	121319
~~facility for the mentally retarded~~ by one of the following	121320
relationships:	121321

(1) Spouse;

121322

(2) Natural parent, child, or sibling;

121323

(3) Adopted parent, child, or sibling;

121324

(4) Stepparent, stepchild, stepbrother, or stepsister;

121325

(5) Father-in-law, mother-in-law, son-in-law,	121326
daughter-in-law, brother-in-law, or sister-in-law;	121327

(6) Grandparent or grandchild;

121328

(7) Foster caregiver, foster child, foster brother, or foster	121329
sister.	121330

~~(BB) "Renovation" and "extensive renovation" mean:~~

121331

~~(1) Any betterment, improvement, or restoration of an~~	121332
~~intermediate care facility for the mentally retarded started~~	121333
~~before July 1, 1993, that meets the definition of a renovation or~~	121334
~~extensive renovation established in rules adopted by the director~~	121335
~~of job and family services in effect on December 22, 1992.~~	121336

~~(2) In the case of betterments, improvements, and~~	121337
~~restorations of intermediate care facilities for the mentally~~	121338
~~retarded started on or after July 1, 1993:~~	121339

~~(a) "Renovation" means the betterment, improvement, or~~	121340
~~restoration of an intermediate care facility for the mentally~~	121341
~~retarded beyond its current functional capacity through a~~	121342
~~structural change that costs at least five hundred dollars per~~	121343
~~bed. A renovation may include betterment, improvement,~~	121344
~~restoration, or replacement of assets that are affixed to the~~	121345
~~building and have a useful life of at least five years. A~~	121346
~~renovation may include costs that otherwise would be considered~~	121347
~~maintenance and repair expenses if they are an integral part of~~	121348
~~the structural change that makes up the renovation project.~~	121349
~~"Renovation" does not mean construction of additional space for~~	121350
~~beds that will be added to a facility's licensed or certified~~	121351
~~capacity.~~	121352

~~(b) "Extensive renovation" means a renovation that costs more~~	121353
~~than sixty-five per cent and no more than eighty-five per cent of~~	121354
~~the cost of constructing a new bed and that extends the useful~~	121355
~~life of the assets for at least ten years.~~	121356

~~For the purposes of division (BB)(2) of this section, the~~	121357
~~cost of constructing a new bed shall be considered to be forty~~	121358
~~thousand dollars, adjusted for the estimated rate of inflation~~	121359
~~from January 1, 1993, to the end of the calendar year during which~~	121360
~~the renovation is completed, using the consumer price index for~~	121361
~~shelter costs for all urban consumers for the north central~~	121362
~~region, as published by the United States bureau of labor~~	121363
~~statistics.~~	121364

~~The department of job and family services may treat a~~	121365
~~renovation that costs more than eighty-five per cent of the cost~~	121366
~~of constructing new beds as an extensive renovation if the~~	121367
~~department determines that the renovation is more prudent than~~	121368
~~construction of new beds.~~	121369

~~(CC)~~(PP) "Residents' rights advocate" has the same meaning as	121370
in section 3721.10 of the Revised Code.	121371

(QQ) "Skilled nursing facility" has the same meaning as in	121372
the "Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	121373

(RR) "Sponsor" has the same meaning as in section 3721.10 of	121374
the Revised Code.	121375

(SS) "Tax costs" means the costs of taxes imposed under	121376
Chapter 5751. of the Revised Code, real estate taxes, personal	121377
property taxes, and corporate franchise taxes.	121378

~~(DD)~~(TT) "Title XIX" means Title XIX of the "Social Security	121379
Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1396~~, as amended~~et seq.	121380

~~(EE)~~(UU) "Title XVIII" means Title XVIII of the "Social	121381
Security Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1395~~, as amended~~et	121382
seq.	121383

(VV) "Voluntary withdrawal of participation" means an	121384
operator's voluntary election to terminate the participation of a	121385
nursing facility in the medicaid program but to continue to	121386
provide service of the type provided by a nursing facility.	121387

~~Sec. 5111.201.~~ Sec. 5165.011. ~~Whenever~~(A) Except as provided in	121388
division (B) of this section, whenever "skilled nursing facility,"	121389
"intermediate care facility," or "dual skilled nursing and	121390
intermediate care facility" is referred to or designated in any	121391
statute, rule, contract, provider agreement, or other document	121392
pertaining to the ~~medical assistance~~medicaid program, the	121393
reference or designation is deemed to refer to a nursing facility,	121394
~~except that a~~.	121395

(B) A reference to or designation of an "intermediate care	121396
facility for ~~the mentally retarded~~individuals with intellectual	121397
disabilities" or "ICF/IID" is not deemed to refer to a nursing	121398
facility.	121399

Sec. 5165.02. The medicaid director shall adopt rules as	121400
necessary to implement this chapter. The rules shall be adopted in	121401
accordance with Chapter 119. of the Revised Code.	121402

~~Sec. 5111.202.~~ Sec. 5165.03. (A) As used in this section:

121403

(1) "Dementia" includes Alzheimer's disease or a related	121404
disorder.	121405

(2) "Serious mental illness" means "serious mental illness,"	121406
as defined by the United States department of health and human	121407
services in regulations adopted under ~~section 1919(e)(7)(G)(i) of~~	121408
the "Social Security Act," ~~49 Stat. 620 (1935)~~section	121409
1919(e)(7)(G)(i), 42 U.S.C.~~A. 301, as amended~~1396r(e)(7)(G)(i).	121410

(3) "Mentally ill individual" means an individual who has a	121411
serious mental illness other than either of the following:	121412

(a) A primary diagnosis of dementia;

121413

(b) A primary diagnosis that is not a primary diagnosis of	121414
dementia and a primary diagnosis of something other than a serious	121415
mental illness.	121416

(4) "Mentally retarded individual" means an individual who is	121417
mentally retarded or has a related condition, as described in	121418
~~section 1905(d) of~~ the "Social Security Act.," section 1905(d), 42	121419
U.S.C. 1396d(d).	121420

(5) "Specialized services" means the services specified by	121421
the United States department of health and human services in	121422
regulations adopted under ~~section 1919(e)(7)(G)(iii) of~~ the	121423
"Social Security Act.," section 1919(e)(7)(G)(iii), 42 U.S.C.	121424
1396r(e)(7)(G)(iii).	121425

(B)(1) Except as provided in division (D) of this section, no	121426
nursing facility shall admit as a resident any mentally ill	121427
individual unless the facility has received evidence that the	121428
department of ~~mental health~~mental health and addiction services	121429
has determined both of the following under section ~~5119.061~~	121430
5119.40 of the Revised Code:	121431

(a) That the individual requires the level of services	121432
provided by a nursing facility because of the individual's	121433
physical and mental condition;	121434

(b) Whether the individual requires specialized services for	121435
mental illness.	121436

(2) Except as provided in division (D) of this section, no	121437
nursing facility shall admit as a resident any mentally retarded	121438
individual unless the facility has received evidence that the	121439
department of developmental disabilities has determined both of	121440
the following under section 5123.021 of the Revised Code:	121441

(a) That the individual requires the level of services	121442
provided by a nursing facility because of the individual's	121443
physical and mental condition;	121444

(b) Whether the individual requires specialized services for	121445
mental retardation.	121446

(C) The department of ~~job and family services~~medicaid shall	121447
not make medicaid payments ~~under the medical assistance program~~ to	121448
a nursing facility on behalf of any individual who is admitted to	121449
the facility in violation of division (B) of this section for the	121450
period beginning on the date of admission and ending on the date	121451
the requirements of division (B) of this section are met.	121452

(D) A determination under division (B) of this section is not	121453
required for any individual who is exempted from the requirement	121454
that a determination be made by division (B)(2) of section	121455
~~5119.061~~5119.40 of the Revised Code or rules adopted by the	121456
department of ~~mental health~~mental health and addiction services	121457
under division (E)(3) of that section, or by division (B)(2) of	121458
section 5123.021 of the Revised Code or rules adopted by the	121459
department of developmental disabilities under division (E)(3) of	121460
that section.	121461

~~Sec. 5111.203.~~ Sec. 5165.031. ~~Regardless of whether or not an~~	121462
~~applicant~~An individual who applies for admission to ~~a nursing~~	121463
~~facility~~ or ~~resident of~~resides in a nursing facility ~~is an~~	121464
~~applicant for or recipient of medical assistance, the department~~	121465
of ~~job and family services~~ shall provide notice and an opportunity	121466
for a hearing to any applicant for admission to a nursing facility	121467
or resident of a nursing facility who ismay appeal if adversely	121468
affected by a determination made by the department of ~~mental~~	121469
~~health~~mental health and addiction services under section	121470
~~5119.061~~5119.40 of the Revised Code or by the department of	121471
developmental disabilities under section 5123.021 of the Revised	121472
Code. ~~The hearing shall be conducted in the same manner as~~	121473
~~hearings conducted under~~If the individual is an applicant for or	121474
recipient of medicaid, the individual may appeal pursuant to	121475
section 5160.31 of the Revised Code. If the individual is not an	121476
applicant for or recipient of medicaid, the individual may appeal	121477
pursuant to a process the department of medicaid shall establish,	121478
which shall be similar to the appeals process established by	121479
section 5101.35 of the Revised Code. The department of medicaid	121480
shall provide notice of the right to appeal to individuals	121481
adversely affected by determinations made under sections 5119.40	121482
and 5123.021 of the Revised Code. Any decision made ~~by the~~	121483
~~department of job and family services~~ on the basis of ~~the hearing~~	121484
such an appeal is binding on the department of ~~mental health~~	121485
mental health and addiction services and the department of	121486
developmental disabilities.	121487

~~Sec. 5111.204.~~ Sec. 5165.04. (A) As used in this section,	121488
"representative" means a person acting on behalf of an applicant	121489
for or recipient of medicaid. A representative may be a family	121490
member, attorney, hospital social worker, or any other person	121491
chosen to act on behalf of an applicant or recipient.	121492

(B) The department of ~~job and family services~~medicaid may	121493
require each applicant for or recipient of medicaid who applies or	121494
intends to apply for admission to a nursing facility or resides in	121495
a nursing facility to undergo an assessment to determine whether	121496
the applicant or recipient needs the level of care provided by a	121497
nursing facility. The assessment may be performed concurrently	121498
with a long-term care consultation provided under section 173.42	121499
of the Revised Code.	121500

To the maximum extent possible, the assessment shall be based	121501
on information from the resident assessment instrument specified	121502
in rules ~~adopted~~authorized by ~~the director of job and family~~	121503
~~services under division (E) of~~ section ~~5111.232~~5165.191 of the	121504
Revised Code. The assessment shall also be based on criteria and	121505
procedures established in rules ~~adopted under~~authorized by	121506
division (F) of this section and information provided by the	121507
person being assessed or the person's representative.	121508

The department of ~~job and family services~~medicaid, or if the	121509
assessment is performed by an agency under contract with the	121510
department pursuant to division (G) of this section, the agency,	121511
shall, not later than the time the level of care determination	121512
based on the assessment is required to be provided under division	121513
(C) of this section, give written notice of its conclusions and	121514
the basis for them to the person assessed and, if the department	121515
~~of job and family services~~ or agency under contract with the	121516
department has been informed that the person has a representative,	121517
to the representative.	121518

(C) The department ~~of job and family services~~ or agency under	121519
contract with the department, whichever performs the assessment,	121520
shall provide a level of care determination based on the	121521
assessment as follows:	121522

(1) In the case of a person applying or intending to apply	121523
for admission to a nursing facility while hospitalized, not later	121524
than one of the following:	121525

(a) One working day after the person or the person's	121526
representative submits the application or notifies the department	121527
of the person's intention to apply and submits all information	121528
required for providing the level of care determination, as	121529
specified in rules ~~adopted under~~authorized by division (F)(2) of	121530
this section;	121531

(b) A later date requested by the person or the person's	121532
representative.	121533

(2) In the case of a person applying or intending to apply	121534
for admission to a nursing facility who is not hospitalized, not	121535
later than one of the following:	121536

(a) Five calendar days after the person or the person's	121537
representative submits the application or notifies the department	121538
of the person's intention to apply and submits all information	121539
required for providing the level of care determination, as	121540
specified in rules ~~adopted under~~authorized by division (F)(2) of	121541
this section;	121542

(b) A later date requested by the person or the person's	121543
representative.	121544

(3) In the case of a person who resides in a nursing	121545
facility, not later than one of the following:	121546

(a) Five calendar days after the person or the person's	121547
representative submits an application for ~~medical assistance~~	121548
medicaid and submits all information required for providing the	121549
level of care determination, as specified in rules ~~adopted under~~	121550
authorized by division (F)(2) of this section;	121551

(b) A later date requested by the person or the person's	121552
representative.	121553

(4) In the case of an emergency, as specified in rules	121554
~~adopted under~~authorized by division (F)(4) of this section,	121555
within the number of days specified in the rules.	121556

(D) A person assessed under this section or the person's	121557
representative may ~~request a state hearing to dispute~~appeal the	121558
conclusions reached by the department ~~of job and family services~~	121559
or agency under contract with the department on the basis of the	121560
assessment. The ~~request for a state hearing~~appeal shall be made	121561
~~in accordance with~~pursuant to section ~~5101.35~~5160.31 of the	121562
Revised Code. The department ~~of job and family services~~ or agency	121563
under contract with the department shall provide to the person or	121564
the person's representative and the nursing facility written	121565
notice of the person's right to request a state hearing. The	121566
notice shall include an explanation of the procedure for	121567
requesting a state hearing. If a state hearing is requested, the	121568
state shall be represented in the hearing by the department ~~of job~~	121569
~~and family services~~ or the agency under contract with the	121570
department, whichever performed the assessment.	121571

(E) A nursing facility that admits or retains a person	121572
determined pursuant to an assessment required under this section	121573
not to need the level of care provided by the nursing facility	121574
shall not be ~~reimbursed~~paid under the medicaid program for the	121575
person's care.	121576

(F) The medicaid director ~~of job and family services~~ shall	121577
adopt rules ~~in accordance with Chapter 119.~~under section 5165.02	121578
of the Revised Code to implement and administer this section. The	121579
rules shall include all of the following:	121580

(1) Criteria and procedures to be used in determining whether	121581
admission to a nursing facility or continued stay in a nursing	121582
facility is appropriate for the person being assessed;	121583

(2) Information the person being assessed or the person's	121584
representative must provide to the department or agency under	121585
contract with the department for purposes of the assessment and	121586
providing a level of care determination based on the assessment;	121587

(3) Circumstances under which a person is not required to be	121588
assessed;	121589

(4) Circumstances that constitute an emergency for purposes	121590
of division (C)(4) of this section and the number of days within	121591
which a level of care determination must be provided in the case	121592
of an emergency.	121593

(G) Pursuant to section ~~5111.91~~5162.35 of the Revised Code,	121594
the department of ~~job and family services~~medicaid may enter into	121595
contracts in the form of interagency agreements with one or more	121596
other state agencies to perform the assessments required under	121597
this section. The interagency agreements shall specify the	121598
responsibilities of each agency in the performance of the	121599
assessments.	121600

~~Sec. 5111.21.~~ Sec. 5165.06. ~~(A) In order to be~~Subject to section	121601
5165.072 of the Revised Code, an operator is eligible ~~for medicaid~~	121602
~~payments, the operator of~~to enter into a provider agreement for a	121603
nursing facility ~~or intermediate care facility for the mentally~~	121604
~~retarded shall do~~if all of the following apply:	121605

~~(1) Enter into a provider agreement with the department as~~	121606
~~provided in section 5111.22, 5111.671, or 5111.672 of the Revised~~	121607
~~Code~~(A) The nursing facility is certified by the director of	121608
health for participation in medicaid;	121609

~~(2) Apply for and maintain a valid license to operate~~(B) The	121610
nursing facility is licensed by the director of health as a	121611
nursing home if so required by law;	121612

~~(3) Subject to division (B) of this section,~~(C) The operator	121613
and nursing facility comply with all applicable state and federal	121614
laws and rules.	121615

~~(B) A state rule that requires the operator of an~~	121616
~~intermediate care facility for the mentally retarded to have~~	121617
~~received approval of a plan for the proposed facility pursuant to~~	121618
~~section 5123.042 of the Revised Code as a condition of the~~	121619
~~operator being eligible for medicaid payments for the facility~~	121620
~~does not apply if, under former section 5123.193 of the Revised~~	121621
~~Code as enacted by Am. Sub. H.B. 1 of the 128th general assembly~~	121622
~~or section 5123.197 of the Revised Code, a residential facility~~	121623
~~license was obtained or modified for the facility without~~	121624
~~obtaining approval of such a plan.~~	121625

~~(C)(1) Except as provided in division (C)(2) of this section,~~	121626
~~the operator of a nursing facility that elects to obtain and~~	121627
~~maintain eligibility for payments under the medicaid program shall~~	121628
~~qualify all of the facility's medicaid-certified beds in the~~	121629
~~medicare program established by Title XVIII. The director of job~~	121630
~~and family services may adopt rules under section 5111.02 of the~~	121631
~~Revised Code to establish the time frame in which a nursing~~	121632
~~facility must comply with this requirement.~~	121633

~~(2) The department of veterans services is not required to~~	121634
~~qualify all of the medicaid-certified beds in a nursing facility~~	121635
~~the agency maintains and operates under section 5907.01 of the~~	121636
~~Revised Code in the medicare program.~~	121637

~~Sec. 5111.22.~~ Sec. 5165.07. (A) Except as provided in section	121638
5165.072 of the Revised Code, the department of medicaid shall	121639
enter into a provider agreement with a nursing facility operator	121640
who applies, and is eligible, for the provider agreement.	121641

(B) A provider agreement ~~between the department of job and~~	121642
~~family services and the provider of a nursing facility or~~	121643
~~intermediate care facility for the mentally retarded~~ shall ~~contain~~	121644
require the ~~following provisions:~~	121645

~~(A) The~~ department ~~agrees~~ to make medicaid payments to the	121646
provider~~, as provided in sections 5111.20 to 5111.331 of the~~	121647
~~Revised Code,~~in accordance with this chapter for ~~medicaid-covered~~	121648
nursing facility services the nursing facility provides to a	121649
~~resident of the~~its residents who are medicaid recipients eligible	121650
for nursing facility ~~who is a medicaid recipient~~services. No	121651
~~payment shall be made for the day a medicaid recipient is~~	121652
~~discharged from the facility.~~	121653

~~(B) The~~(C) A provider agreement shall require the provider	121654
~~agrees~~ to do all of the following:	121655

(1) Maintain eligibility for the provider agreement as	121656
provided in section ~~5111.21~~5165.06 of the Revised Code;	121657

(2) Keep records relating to a cost reporting period for the	121658
greater of seven years after the cost report is filed or, if the	121659
department issues an audit report in accordance with ~~division (B)~~	121660
of section ~~5111.27~~5165.109 of the Revised Code, six years after	121661
all appeal rights relating to the audit report are exhausted;	121662

(3) File reports as required by the department;

121663

(4) Open all records relating to the costs of ~~its~~the nursing	121664
facility's services for inspection and audit by the department;	121665

(5) Open its premises for inspection by the department, the	121666
department of health, and any other state or local authority	121667
having authority to inspect;	121668

(6) Supply to the department such information as it requires	121669
concerning the nursing facility's services to residents who are,	121670
or are eligible to be, medicaid recipients;	121671

(7) Comply with section ~~5111.31~~5165.08 of the Revised Code.

121672

~~The~~(D) A provider agreement may contain other provisions	121673
that are consistent with law and considered necessary by the	121674
department.	121675

~~A provider agreement shall be effective for no longer than~~	121676
~~twelve months, except that if federal statute or regulations~~	121677
~~authorize a longer term, it may be effective for a longer term so~~	121678
~~authorized. A provider agreement may be renewed only if the~~	121679
~~facility is certified by the department of health for~~	121680
~~participation in the medicaid program.~~	121681

~~The department of job and family services, in accordance with~~	121682
~~rules adopted under section 5111.02 of the Revised Code, may elect~~	121683
~~not to enter into, not to renew, or to terminate a provider~~	121684
~~agreement when the department determines that such an agreement~~	121685
~~would not be in the best interests of medicaid recipients or of~~	121686
~~the state.~~	121687

~~Sec. 5111.223.~~ Sec. 5165.071. ~~The~~A nursing facility operator ~~of a~~	121688
~~nursing facility or intermediate care facility for the mentally~~	121689
~~retarded~~ may enter into provider agreements for more than one	121690
nursing facility ~~or intermediate care facility for the mentally~~	121691
~~retarded~~.	121692

Sec. 5165.072. The department of medicaid shall not	121693
revalidate a nursing facility provider agreement if the provider	121694
fails to maintain eligibility for the provider agreement as	121695
provided in section 5165.06 of the Revised Code.	121696

~~Sec. 5111.30.~~ Sec. 5165.073. The department of ~~job and family~~	121697
~~services~~medicaid shall terminate the provider agreement with a	121698
nursing facility provider that does not comply with the	121699
requirements of section 3721.071 of the Revised Code for the	121700
installation of fire extinguishing and fire alarm systems.	121701

~~Sec. 5111.31.~~ Sec. 5165.08. (A) As used in this section:

121702

"Bed need" means the number of long-term care beds a county	121703
needs as determined by the director of health pursuant to division	121704
(B)(3) of section 3702.593 of the Revised Code.	121705

"Bed need excess" means that a county's bed need is such that	121706
one or more long-term care beds may be relocated from the county	121707
according to the director's determination of the county's bed	121708
need.	121709

(B) Every provider agreement with ~~the~~a nursing facility	121710
provider ~~of a nursing facility or intermediate care facility for~~	121711
~~the mentally retarded~~ shall do both of the following:	121712

(1) Permit the provider to exclude one or more parts of the	121713
nursing facility from the provider agreement, even though those	121714
parts meet federal and state standards for medicaid certification,	121715
if all of the following apply:	121716

(a) The nursing facility initially obtained both its nursing	121717
home license under Chapter 3721. of the Revised Code and medicaid	121718
certification on or after January 1, 2008.	121719

(b) The nursing facility is located in a county that has a	121720
bed need excess at the time the provider excludes the parts from	121721
the provider agreement.	121722

(c) Federal law permits the provider to exclude the parts	121723
from the provider agreement.	121724

(d) The provider gives the department of medicaid written	121725
notice of the exclusion not less than forty-five days before the	121726
first day of the calendar quarter in which the exclusion is to	121727
occur.	121728

(2) Prohibit the provider from doing either of the following:

121729

(a) Discriminating against a resident on the basis of race,	121730
color, sex, creed, or national origin;	121731

(b) Subject to division (D) of this section, failing or	121732
refusing to ~~retain~~do either of the following:	121733

(i) Except as otherwise prohibited under section 5165.82 of	121734
the Revised Code, admit as a resident of the nursing facility an	121735
individual because the individual is, or may (as a resident of the	121736
nursing facility) become, a medicaid recipient unless at least	121737
twenty-five per cent of the nursing facility's medicaid-certified	121738
beds are occupied by medicaid recipients at the time the person	121739
would otherwise be admitted;	121740

(ii) Retain as a ~~patient any person~~resident of the nursing	121741
facility an individual because the ~~person~~individual is, ~~becomes,~~	121742
or may (as a resident of the nursing facility) become, ~~as a~~	121743
~~patient in the facility, become~~ a medicaid recipient. ~~For the~~	121744
~~purposes of this division, a medicaid recipient who is a patient~~	121745
~~in a facility shall be considered a patient in the facility during~~	121746
~~any hospital stays totaling less than twenty-five days during any~~	121747
~~twelve-month period. Recipients who have been identified by the~~	121748
~~department of job and family services or its designee as requiring~~	121749
~~the level of care of an intermediate care facility for the~~	121750
~~mentally retarded shall not be subject to a maximum period of~~	121751
~~absences during which they are considered patients if prior~~	121752
~~authorization of the department for visits with relatives and~~	121753
~~friends and participation in therapeutic programs is obtained~~	121754
~~under rules adopted under section 5111.02 of the Revised Code.~~	121755

~~(2) Except as provided by division (B)(1) of this section,~~	121756
~~include any part of the facility that meets standards for~~	121757
~~certification of compliance with federal and state laws and rules~~	121758
~~for participation in the medicaid program.~~	121759

~~(3) Prohibit the provider from discriminating against any~~	121760
~~patient on the basis of race, color, sex, creed, or national~~	121761
~~origin.~~	121762

~~(4) Except as otherwise prohibited under section 5111.55 of~~	121763
~~the Revised Code, prohibit the provider from failing or refusing~~	121764
~~to accept a patient because the patient is, becomes, or may, as a~~	121765
~~patient in the facility, become a medicaid recipient if less than~~	121766
~~eighty per cent of the patients in the facility are medicaid~~	121767
~~recipients.~~	121768

~~(B)(1) Except as provided by division (B)(2) of this section,~~	121769
~~the following are not required to be included in a provider~~	121770
~~agreement unless otherwise required by federal law:~~	121771

~~(a) Beds added during the period beginning July 1, 1987, and~~	121772
~~ending July 1, 1993, to a nursing home licensed under Chapter~~	121773
~~3721. of the Revised Code;~~	121774

~~(b) Beds in an intermediate care facility for the mentally~~	121775
~~retarded that are designated for respite care under a medicaid~~	121776
~~waiver component operated pursuant to a waiver sought under~~	121777
~~section 5111.87 of the Revised Code.~~	121778

~~(2) If a provider chooses to include a bed specified in~~	121779
~~division (B)(1)(a) of this section in a provider agreement, the~~	121780
~~bed may not be removed from the provider agreement unless the~~	121781
~~provider withdraws the facility in which the bed is located from~~	121782
~~the medicaid program.~~	121783

(C) For the purpose of division (B)(2)(b)(ii) of this	121784
section, a medicaid recipient who is a resident of a nursing	121785
facility shall be considered a resident of the nursing facility	121786
during any hospital stays totaling less than twenty-five days	121787
during any twelve-month period.	121788

(D) Nothing in this section shall bar a provider ~~that~~from	121789
doing any of the following:	121790

(1) If the provider is a religious organization operating a	121791
religious or denominational nursing facility ~~or intermediate care~~	121792
~~facility for the mentally retarded~~ from giving preference to	121793
persons of the same religion or denomination~~. Nothing in this~~	121794
~~section shall bar any provider from giving~~;	121795

(2) Giving preference to persons with whom the provider has	121796
contracted to provide continuing care.	121797

~~(D) Nothing in this section shall bar the provider of~~;

121798

(3) If the nursing facility is a county home organized under	121799
Chapter 5155. of the Revised Code ~~from~~, admitting residents	121800
exclusively from the county in which the county home is located.	121801

~~(E) No provider of a nursing facility or intermediate care~~	121802
~~facility for the mentally retarded for which a provider agreement~~	121803
~~is in effect shall violate the provider contract obligations~~	121804
~~imposed under this section.~~	121805

~~(F) Nothing in divisions (A) and (C) of this section shall~~	121806
~~bar a provider from retaining patients~~;	121807

(4) Retaining residents who have resided in the provider's	121808
nursing facility for not less than one year as private pay	121809
patients and who subsequently become medicaid recipients, but	121810
refusing to accept as a ~~patient~~resident any person who is, or	121811
may,(as a ~~patient in~~resident of the nursing facility,) become a	121812
medicaid recipient, if all of the following apply:	121813

~~(1)~~(a) The provider does not refuse to retain any ~~patient~~	121814
resident who has resided in the provider's nursing facility for	121815
not less than one year as a private pay ~~patient~~resident because	121816
the ~~patient~~resident becomes a medicaid recipient, except as	121817
necessary to comply with division ~~(F)(2)~~(D)(4)(b) of this section;	121818

~~(2)~~(b) The number of medicaid recipients retained under ~~this~~	121819
division (D)(4) of this section does not at any time exceed ten	121820
per cent of all the ~~patients~~residents in the nursing facility;	121821

~~(3)~~(c) On July 1, 1980, all the ~~patients~~residents in the	121822
nursing facility were private pay ~~patients~~residents.	121823

(E) No provider shall violate the provider agreement	121824
obligations imposed by this section.	121825

(F) A nursing facility provider who excludes one or more	121826
parts of the nursing facility from a provider agreement pursuant	121827
to division (B)(1) of this section does not violate division (C)	121828
of section 3702.53 of the Revised Code.	121829

~~Sec. 5111.32.~~ Sec. 5165.081. ~~Any patient~~A nursing facility	121830
resident has a cause of action against ~~the~~a nursing facility	121831
provider ~~of a nursing facility or intermediate care facility for~~	121832
~~the mentally retarded~~ for breach of the provider agreement	121833
obligations or other duties imposed by section ~~5111.31~~5165.08 of	121834
the Revised Code. The action may be commenced by the ~~patient~~	121835
resident, or on the ~~patient's~~resident's behalf by the ~~patient's~~	121836
resident's sponsor or a residents' rights advocate, ~~as either is~~	121837
~~defined under section 3721.10 of the Revised Code,~~ by the filing	121838
of a civil action in the court of common pleas of the county in	121839
which the nursing facility is located, or in the court of common	121840
pleas of Franklin county.	121841

If ~~the~~a court of common pleas finds that a ~~breach of the~~	121842
provider has breached a provider agreement ~~obligations~~obligation	121843
or other duty imposed by section ~~5111.31~~5165.08 of the Revised	121844
Code ~~has occurred~~, the court may ~~enjoin~~do one or more of the	121845
following:	121846

(A) Enjoin the provider from engaging in the practice~~, order~~;

121847

(B) Order such affirmative relief as may be necessary~~, and~~	121848
~~award~~;	121849

(C) Award to ~~the patient~~a resident and a ~~person~~sponsor or	121850
~~public agency~~government entity that brings anthe action on	121851
behalf of a ~~patient~~resident actual damages, costs, and reasonable	121852
attorney's fees.	121853

Sec. 5165.082. (A) Except as provided in division (B) of	121854
this section, the operator of a nursing facility that elects to	121855
have the nursing facility participate in the medicaid program	121856
shall qualify all of the nursing facility's medicaid-certified	121857
beds in the medicare program. The medicaid director may adopt	121858
rules under section 5165.02 of the Revised Code to establish the	121859
time frame in which a nursing facility must comply with this	121860
requirement.	121861

(B) The department of veterans services is not required to	121862
qualify all of the medicaid-certified beds in a nursing facility	121863
the department maintains and operates under section 5907.01 of the	121864
Revised Code in the medicare program.	121865

~~Sec. 5111.26.~~ Sec. 5165.10. (A)~~(1)(a)~~ Except as provided in	121866
division ~~(A)(1)(b)~~(D) of this section, each nursing facility	121867
provider shall file with the department of ~~job and family services~~	121868
medicaid an annual cost report for each of the provider's nursing	121869
facilities ~~and intermediate care facilities for the mentally~~	121870
~~retarded~~ that participate in the medicaid program. ~~A provider~~	121871
~~shall prepare the reports in accordance with guidelines~~	121872
~~established by the department. A~~The cost report for a year shall	121873
cover athe calendar year or the portion of athe calendar year	121874
during which the nursing facility participated in the medicaid	121875
program. ~~A provider shall file the reports within~~Except as	121876
provided in division (E) of this section, the cost report is due	121877
not later than ninety days after the end of the calendar year, or	121878
portion of the calendar year, that the cost report covers. ~~The~~	121879
~~department, for good cause, may grant a fourteen-day extension of~~	121880
~~the time for filing cost reports upon written request from a~~	121881
~~provider. The director of job and family services shall prescribe,~~	121882
~~in rules adopted under section 5111.02 of the Revised Code, the~~	121883
~~cost reporting form and a uniform chart of accounts for the~~	121884
~~purpose of cost reporting, and shall distribute cost reporting~~	121885
~~forms or computer software for electronic submission of the cost~~	121886
~~report to each provider at least sixty days before the reporting~~	121887
~~date.~~	121888

~~(b) If rates for a provider's nursing facility or~~	121889
~~intermediate care facility for the mentally retarded were most~~	121890
~~recently established under section 5111.254 or 5111.255 of the~~	121891
~~Revised Code, the provider shall submit a cost report for that~~	121892
~~facility no later than ninety days after the end of the facility's~~	121893
~~first three full calendar months of operation. If a nursing~~	121894
~~facility or intermediate care facility for the mentally retarded~~	121895
~~undergoes a change of provider that the department determines, in~~	121896
~~accordance with rules adopted under section 5111.02 of the Revised~~	121897
~~Code, is an arm's length transaction, the new provider shall~~	121898
~~submit a cost report for that facility not later than ninety days~~	121899
~~after the end of the facility's first three full calendar months~~	121900
~~of operation under the new provider. The provider of a facility~~	121901
~~that opens or undergoes a change of provider that is an arm's~~	121902
~~length transaction after the first day of October in any calendar~~	121903
~~year is not required to file a cost report for that calendar year.~~	121904

~~(c)~~(B) If a nursing facility undergoes a change of provider	121905
that the department determines, in accordance with rules adopted	121906
under section ~~5111.02~~5165.02 of the Revised Code, is not an ~~arms~~	121907
arm's length transaction, the new provider shall file athe	121908
nursing facility's cost report ~~under~~in accordance with division	121909
(A)~~(1)(a)~~ of this section ~~for the facility. The~~and the cost	121910
report shall cover the portion of the calendar year during which	121911
the new provider operated the nursing facility and the portion of	121912
the calendar year during which the previous provider operated the	121913
nursing facility.	121914

~~(2) If a provider required to submit a cost report for a~~	121915
~~nursing facility or intermediate care facility for the mentally~~	121916
~~retarded does not file the report within the required time period~~	121917
~~or within fourteen days thereafter if an extension is granted~~	121918
~~under division (A)(1)(a) of this section, or files an incomplete~~	121919
~~or inadequate report for the facility, the department shall~~	121920
~~provide immediate written notice to the provider that the provider~~	121921
~~agreement for the facility will be terminated in thirty days~~	121922
~~unless the provider submits a complete and adequate cost report~~	121923
~~for the facility within thirty days. During the thirty-day~~	121924
~~termination period or any additional time allowed for an appeal of~~	121925
~~the proposed termination of a provider agreement, the provider~~	121926
~~shall be paid the facility's then current per resident per day~~	121927
~~rate, minus two dollars. On July 1, 1994, the department shall~~	121928
~~adjust the two-dollar reduction to reflect the rate of inflation~~	121929
~~during the preceding twelve months, as shown in the consumer price~~	121930
~~index for all items for all urban consumers for the north central~~	121931
~~region, published by the United States bureau of labor statistics.~~	121932
~~On July 1, 1995, and the first day of July of each year~~	121933
~~thereafter, the department shall adjust the amount of the~~	121934
~~reduction in effect during the previous twelve months to reflect~~	121935
~~the rate of inflation during the preceding twelve months, as shown~~	121936
~~in the same index.~~	121937

~~(B) No provider shall report fines paid under sections~~	121938
~~5111.35 to 5111.62 or section 5111.99 of the Revised Code in any~~	121939
~~cost report filed under this section.~~	121940

(C) ~~The department shall develop an addendum to the cost~~	121941
~~report form that a provider may use to set forth costs that the~~	121942
~~provider believes may be disputed by the department. Any costs~~	121943
~~reported by the provider on the addendum may be considered by the~~	121944
~~department in setting the facility's rate. If the department does~~	121945
~~not consider the costs listed on the addendum in setting the~~	121946
~~facility's rate, the provider may seek reconsideration of that~~	121947
~~determination under section 5111.29 of the Revised Code. If the~~	121948
~~department subsequently includes the costs listed in the addendum~~	121949
~~in the facility's rate, the department shall pay the provider~~	121950
~~interest at a reasonable rate established in rules adopted under~~	121951
~~section 5111.02 of the Revised Code for the time that the rate~~	121952
~~paid excluded the costs.~~If the medicaid payment rate for a new	121953
nursing facility was most recently determined in accordance with	121954
section 5165.151 of the Revised Code, the provider shall file with	121955
the department a cost report for the new nursing facility not	121956
later than, except as provided in division (E) of this section,	121957
ninety days after the end of the new nursing facility's first	121958
three full calendar months of operation. The cost report shall	121959
cover the period that begins with the nursing facility's first day	121960
of operation and ends on the first day of the month immediately	121961
following the first three full months of operation.	121962

(D) A nursing facility provider is not required to file a	121963
cost report for a nursing facility for a calendar year in	121964
accordance with division (A) of this section if the provider files	121965
a cost report for the nursing facility under division (C) of this	121966
section and that cost report covers a period that begins after the	121967
first day of October of that calendar year. The provider shall	121968
file a cost report for the nursing facility in accordance with	121969
division (A) of this section for the immediately following	121970
calendar year.	121971

(E) The department may grant to a provider a fourteen-day	121972
extension to file a cost report under this section if the provider	121973
provides the department a written request for the extension and	121974
the department determines that there is good cause for the	121975
extension.	121976

~~Sec. 5111.266.~~ Sec. 5165.101. A nursing facility provider ~~of a~~	121977
~~nursing facility~~ filing the nursing facility's cost report with	121978
the department of ~~job and family services~~medicaid under section	121979
~~5111.26~~5165.10 or 5165.522 of the Revised Code shall report as a	121980
nonreimbursable expense the cost of the nursing facility's	121981
franchise permit fee.	121982

Sec. 5165.102. No nursing facility provider shall report	121983
fines paid under sections 5165.60 to 5165.89 or section 5165.99 of	121984
the Revised Code in a cost report filed under section 5165.10 or	121985
5165.522 of the Revised Code.	121986

Sec. 5165.103. Cost reports shall be completed using the	121987
form prescribed under section 5165.104 of the Revised Code and in	121988
accordance with the guidelines established under that section.	121989

Sec. 5165.104. The department of medicaid shall do all of	121990
the following:	121991

(A) Prescribe the form to be used for completing a cost	121992
report and a uniform chart of accounts for the purpose of	121993
reporting costs on the form;	121994

(B) Distribute a paper copy of the form, or computer software	121995
for electronic submission of the form, to each provider at least	121996
sixty days before the date the cost report is due;	121997

121998

Sec. 5165.105. The department of medicaid shall develop an	121999
addendum to the cost report form that a nursing facility provider	122000
may use to set forth costs that the provider believes the	122001
department may dispute. The department may consider such costs in	122002
determining a nursing facility's medicaid payment rate. If the	122003
department does not consider such costs in determining a nursing	122004
facility's medicaid payment rate, the provider may seek	122005
reconsideration of the determination in accordance with section	122006
5165.38 of the Revised Code. If the department subsequently	122007
includes such costs in a nursing facility's medicaid payment rate,	122008
the department shall pay the provider interest at a reasonable	122009
rate established in rules adopted under section 5165.02 of the	122010
Revised Code for the period that the rate excluded the costs.	122011

Sec. 5165.106. If a nursing facility provider required by	122012
section 5165.10 of the Revised Code to file a cost report for the	122013
nursing facility fails to file the cost report by the date it is	122014
due or the date, if any, to which the due date is extended	122015
pursuant to division (E) of that section, or files an incomplete	122016
or inadequate report for the nursing facility under that section,	122017
the department of medicaid shall provide immediate written notice	122018
to the provider that the provider agreement for the nursing	122019
facility will be terminated in thirty days unless the provider	122020
submits a complete and adequate cost report for the nursing	122021
facility within thirty days. During the thirty-day termination	122022
period or any additional time allowed for an appeal of the	122023
proposed termination of a provider agreement, the provider shall	122024
be paid the nursing facility's then current per medicaid day	122025
payment rate, minus the dollar amount by which nursing facility's	122026
per medicaid day payment rates are reduced during fiscal year 2013	122027
in accordance with division (A)(2) of section 5111.26 of the	122028
Revised Code (renumbered as section 5165.10 of the Revised Code by	122029
H.B. 59 of the 130th general assembly) as that section existed on	122030
the day immediately preceding the effective date of this section.	122031
On the first day of each July, the department shall adjust the	122032
amount of the reduction in effect during the previous twelve	122033
months to reflect the rate of inflation during the preceding	122034
twelve months, as shown in the consumer price index for all items	122035
for all urban consumers for the north central region, published by	122036
the United States bureau of labor statistics.	122037

~~Sec. 5111.261.~~ Sec. 5165.107. (A) Except as provided in division	122038
(B) of this section and not later than three years after a nursing	122039
facility provider files a cost report with the department of ~~job~~	122040
~~and family services~~medicaid under section ~~5111.26~~5165.10 of the	122041
Revised Code, the provider may amend the cost report if the	122042
provider discovers a material error in the cost report or	122043
additional information to be included in the cost report. The	122044
department shall review the amended cost report for accuracy and	122045
notify the provider of its determination.	122046

(B) A provider may not amend a cost report if the department	122047
has notified the provider that an audit of the cost report or a	122048
cost report of the provider for a subsequent cost reporting period	122049
is to be conducted under section ~~5111.27~~5165.109 of the Revised	122050
Code. The provider may, however, provide the department	122051
information that affects the costs included in the cost report.	122052
Such information may not be provided after the adjudication of the	122053
final settlement of the cost report.	122054

~~Sec. 5111.27.~~ Sec. 5165.108. (A) The department of ~~job and family~~	122055
~~services~~medicaid shall conduct a desk review of each cost report	122056
it receives under section ~~5111.26~~5165.10 or 5165.522 of the	122057
Revised Code. Based on the desk review, the department shall make	122058
a preliminary determination of whether the reported costs are	122059
allowable costs. The department shall notify each nursing facility	122060
provider of whether any of the reported costs are preliminarily	122061
determined not to be allowable, the medicaid payment rate	122062
~~calculation~~determined under ~~sections 5111.20 to 5111.331 of the~~	122063
~~Revised Code~~this chapter that results from that determination,	122064
and the reasons for the determination and resulting rate. The	122065
department shall allow the provider to verify the calculation and	122066
submit additional information.	122067

~~(B) The department may conduct an audit, as defined by rule~~	122068
~~adopted under section 5111.02 of the Revised Code, of any cost~~	122069
~~report. The decision whether to conduct an audit and the scope of~~	122070
~~the audit, which may be a desk or field audit, may be determined~~	122071
~~based on prior performance of the provider, a risk analysis, or~~	122072
~~other evidence that gives the department reason to believe that~~	122073
~~the provider has reported costs improperly. A desk or field audit~~	122074
~~may be performed annually, but is required whenever a provider~~	122075
~~does not pass the risk analysis tolerance factors. An audit shall~~	122076
~~be conducted by auditors under contract with or employed by the~~	122077
~~department. The department shall notify a provider of the findings~~	122078
~~of an audit by issuing an audit report. An audit report regarding~~	122079
~~a nursing facility shall include notice of any fine imposed under~~	122080
~~section 5111.271 of the Revised Code. The department shall issue~~	122081
~~the audit report no later than three years after the cost report~~	122082
~~is filed, or upon the completion of a desk or field audit on the~~	122083
~~report or a report for a subsequent cost reporting period,~~	122084
~~whichever is earlier.~~	122085

~~The department may establish a contract for the auditing of~~	122086
~~facilities by outside firms. Each contract entered into by bidding~~	122087
~~shall be effective for one to two years. The department shall~~	122088
~~establish an audit manual and program which shall require that all~~	122089
~~field audits, conducted either pursuant to a contract or by~~	122090
~~department employees:~~	122091

~~(1) Comply with the applicable rules prescribed pursuant to~~	122092
~~Titles XVIII and XIX;~~	122093

~~(2) Consider generally accepted auditing standards prescribed~~	122094
~~by the American institute of certified public accountants;~~	122095

~~(3) Include a written summary as to whether the costs~~	122096
~~included in the report examined during the audit are allowable and~~	122097
~~are presented in accordance with state and federal laws and~~	122098
~~regulations, and whether, in all material respects, allowable~~	122099
~~costs are documented, reasonable, and related to patient care;~~	122100

~~(4) Are conducted by accounting firms or auditors who, during~~	122101
~~the period of the auditors' professional engagement or employment~~	122102
~~and during the period covered by the cost reports, do not have nor~~	122103
~~are committed to acquire any direct or indirect financial interest~~	122104
~~in the ownership, financing, or operation of a nursing facility or~~	122105
~~intermediate care facility for the mentally retarded in this~~	122106
~~state;~~	122107

~~(5) Are conducted by accounting firms or auditors who, as a~~	122108
~~condition of the contract or employment, shall not audit any~~	122109
~~facility that has been a client of the firm or auditor;~~	122110

~~(6) Are conducted by auditors who are otherwise independent~~	122111
~~as determined by the standards of independence included in the~~	122112
~~government auditing standards produced by the United States~~	122113
~~government accountability office;~~	122114

~~(7) Are completed within the time period specified by the~~	122115
~~department;~~	122116

~~(8) Provide to the provider complete written interpretations~~	122117
~~that explain in detail the application of all relevant contract~~	122118
~~provisions, regulations, auditing standards, rate formulae, and~~	122119
~~departmental policies, with explanations and examples, that are~~	122120
~~sufficient to permit the provider to calculate with reasonable~~	122121
~~certainty those costs that are allowable and the rate to which the~~	122122
~~provider's facility is entitled.~~	122123

~~For the purposes of division (B)(4) of this section,~~	122124
~~employment of a member of an auditor's family by a nursing~~	122125
~~facility or intermediate care facility for the mentally retarded~~	122126
~~that the auditor does not review does not constitute a direct or~~	122127
~~indirect financial interest in the ownership, financing, or~~	122128
~~operation of the facility.~~	122129

~~(C) The department, pursuant to rules adopted under section~~	122130
~~5111.02 of the Revised Code, may conduct an exception review of~~	122131
~~assessment data submitted under section 5111.232 of the Revised~~	122132
~~Code. The department may conduct an exception review based on the~~	122133
~~findings of a certification survey conducted by the department of~~	122134
~~health, a risk analysis, or prior performance of the provider.~~	122135

~~Exception reviews shall be conducted at the facility by~~	122136
~~appropriate health professionals under contract with or employed~~	122137
~~by the department of job and family services. The professionals~~	122138
~~may review resident assessment forms and supporting documentation,~~	122139
~~conduct interviews, and observe residents to identify any patterns~~	122140
~~or trends of inaccurate assessments and resulting inaccurate~~	122141
~~case-mix scores.~~	122142

~~The rules shall establish an exception review program that~~	122143
~~requires that exception reviews do all of the following:~~	122144

~~(1) Comply with Titles XVIII and XIX;~~

122145

~~(2) Provide a written summary that states whether the~~	122146
~~resident assessment forms have been completed accurately;~~	122147

~~(3) Are conducted by health professionals who, during the~~	122148
~~period of their professional engagement or employment with the~~	122149
~~department, neither have nor are committed to acquire any direct~~	122150
~~or indirect financial interest in the ownership, financing, or~~	122151
~~operation of a nursing facility or intermediate care facility for~~	122152
~~the mentally retarded in this state;~~	122153

~~(4) Are conducted by health professionals who, as a condition~~	122154
~~of their engagement or employment with the department, shall not~~	122155
~~review any provider that has been a client of the professional.~~	122156

~~For the purposes of division (C)(3) of this section,~~	122157
~~employment of a member of a health professional's family by a~~	122158
~~nursing facility or intermediate care facility for the mentally~~	122159
~~retarded that the professional does not review does not constitute~~	122160
~~a direct or indirect financial interest in the ownership,~~	122161
~~financing, or operation of the facility.~~	122162

~~If an exception review is conducted before the effective date~~	122163
~~of the rate that is based on the case-mix data subject to the~~	122164
~~review and the review results in findings that exceed tolerance~~	122165
~~levels specified in the rules adopted under this division, the~~	122166
~~department, in accordance with those rules, may use the findings~~	122167
~~to recalculate individual resident case-mix scores, quarterly~~	122168
~~average facility case-mix scores, and annual average facility~~	122169
~~case-mix scores. The department may use the recalculated quarterly~~	122170
~~and annual facility average case-mix scores to calculate the~~	122171
~~facility's rate for direct care costs for the appropriate calendar~~	122172
~~quarter or quarters.~~	122173

~~(D) The department shall prepare a written summary of any~~	122174
~~audit disallowance or exception review finding that is made after~~	122175
~~the effective date of the rate that is based on the cost or~~	122176
~~case-mix data. Where the provider is pursuing judicial or~~	122177
~~administrative remedies in good faith regarding the disallowance~~	122178
~~or finding, the department shall not withhold from the provider's~~	122179
~~current payments any amounts the department claims to be due from~~	122180
~~the provider pursuant to section 5111.28 of the Revised Code.~~	122181

~~(E) The department shall not reduce rates calculated under~~	122182
~~sections 5111.20 to 5111.331 of the Revised Code on the basis that~~	122183
~~the provider charges a lower rate to any resident who is not~~	122184
~~eligible for the medicaid program.~~	122185

~~(F) The department shall adjust the rates calculated under~~	122186
~~sections 5111.20 to 5111.331 of the Revised Code to account for~~	122187
~~reasonable additional costs that must be incurred by intermediate~~	122188
~~care facilities for the mentally retarded to comply with~~	122189
~~requirements of federal or state statutes, rules, or policies~~	122190
~~enacted or amended after January 1, 1992, or with orders issued by~~	122191
~~state or local fire authorities.~~	122192

Sec. 5165.109. (A) The department of medicaid may conduct an	122193
audit, as defined in rules adopted under section 5165.02 of the	122194
Revised Code, of any cost report filed under section 5165.10 or	122195
5165.522 of the Revised Code. The decision whether to conduct an	122196
audit and the scope of the audit, which may be a desk or field	122197
audit, may be determined based on prior performance of the	122198
provider, a risk analysis, or other evidence that gives the	122199
department reason to believe that the provider has reported costs	122200
improperly. A desk or field audit may be performed annually, but	122201
is required whenever a provider does not pass the risk analysis	122202
tolerance factors.	122203

(B) Audits shall be conducted by auditors under contract with	122204
the department, auditors working for firms under contract with the	122205
department, or auditors employed by the department.	122206

The department may establish a contract for the auditing of	122207
nursing facilities by outside firms. Each contract entered into by	122208
bidding shall be effective for one to two years.	122209

(C) The department shall notify a provider of the findings of	122210
an audit of a cost report by issuing an audit report. The audit	122211
report shall include notice of any fine imposed under section	122212
5165.1010 of the Revised Code. The department shall issue the	122213
audit report not later than three years after the earlier of the	122214
following:	122215

(1) The date the cost report is filed;

122216

(2) The date a desk or field audit of the cost report or a	122217
cost report for a subsequent cost reporting period is completed.	122218

(D) The department shall prepare a written summary of any	122219
audit disallowance that is made after the effective date of the	122220
rate that is based on the cost. Where the provider is pursuing	122221
judicial or administrative remedies in good faith regarding the	122222
disallowance, the department shall not withhold from the	122223
provider's current payments any amounts the department claims to	122224
be due from the provider pursuant to section 5165.41 of the	122225
Revised Code.	122226

(E)(1) The department shall establish an audit manual and	122227
program for field audits conducted under this section. Each	122228
auditor conducting a field audit under this section shall follow	122229
the audit manual and program, regardless of whether the auditor is	122230
under contract with the department, works for a firm under	122231
contract with the department, or is employed by the department.	122232
The manual and program shall do both of the following:	122233

(a) Require each field audit to be conducted by an auditor to	122234
whom all of the following apply:	122235

(i) During the period of the auditor's contract, firm's	122236
contract, or auditor's employment with the department, the auditor	122237
or firm does not have and is not committed to acquire any direct	122238
or indirect financial interest in the ownership, financing, or	122239
operation of nursing facilities in this state.	122240

(ii) The auditor does not audit any provider that has been a	122241
client of the auditor or the auditor's firm.	122242

(iii) The auditor is otherwise independent as determined by	122243
the standards of independence included in the government auditing	122244
standards produced by the United States government accountability	122245
office.	122246

(b) Require each auditor conducting a field audit to do all	122247
of the following:	122248

(i) Comply with applicable rules prescribed pursuant to Title	122249
XVIII and Title XIX;	122250

(ii) Consider generally accepted auditing standards	122251
prescribed by the American institute of certified public	122252
accountants;	122253

(iii) Include a written summary as to whether the costs	122254
included in the cost report examined during the audit are	122255
allowable and are presented in accordance with state and federal	122256
laws and regulations, and whether, in all material respects,	122257
allowable costs are documented, reasonable, and related to patient	122258
care;	122259

(iv) Complete the audit within the time period specified by	122260
the department;	122261

(v) Provide to the provider complete written interpretations	122262
that explain in detail the application of all relevant contract	122263
provisions, regulations, auditing standards, rate formulae, and	122264
departmental policies, with explanations and examples, that are	122265
sufficient to permit the provider to calculate with reasonable	122266
certainty those costs that are allowable and the rate to which the	122267
provider's nursing facility is entitled.	122268

(2) For the purpose of division (E)(1)(a)(i) of this section,	122269
employment of a member of an auditor's family by a nursing	122270
facility that the auditor does not audit does not constitute a	122271
direct or indirect financial interest in the ownership, financing,	122272
or operation of the nursing facility.	122273

~~Sec. 5111.271.~~ Sec. 5165.1010. (A) Subject to division (D) of this	122274
section, the department of ~~job and family services~~medicaid shall	122275
fine the provider of a nursing facility if the report of an audit	122276
conducted under ~~division (B) of~~ section ~~5111.27~~5165.109 of the	122277
Revised Code regarding a cost report for the nursing facility	122278
includes either of the following:	122279

(1) Adverse findings that exceed three per cent of the total	122280
amount of ~~medicaid-reimbursable~~medicaid-allowable costs reported	122281
in the cost report;	122282

(2) Adverse findings that exceed twenty per cent of	122283
~~medicaid-reimbursable~~medicaid-allowable costs for a particular	122284
cost center reported in the cost report.	122285

(B) A fine issued under this section shall equal the greatest	122286
of the following:	122287

(1) If the adverse findings exceed three per cent but do not	122288
exceed ten per cent of the total amount of ~~medicaid-reimbursable~~	122289
medicaid-allowable costs reported in the cost report, the greater	122290
of three per cent of those reported costs or ten thousand dollars;	122291

(2) If the adverse findings exceed ten per cent but do not	122292
exceed twenty per cent of the total amount of	122293
~~medicaid-reimbursable~~medicaid-allowable costs reported in the	122294
cost report, the greater of six per cent of those reported costs	122295
or twenty-five thousand dollars;	122296

(3) If the adverse findings exceed twenty per cent of the	122297
total amount of ~~medicaid-reimbursable~~medicaid-allowable costs	122298
reported in the cost report, the greater of ten per cent of those	122299
reported costs or fifty thousand dollars;	122300

(4) If the adverse findings exceed twenty per cent but do not	122301
exceed twenty-five per cent of ~~medicaid-reimbursable~~	122302
medicaid-allowable costs for a particular cost center reported in	122303
the cost report, the greater of three per cent of the total amount	122304
of ~~medicaid-reimbursable~~medicaid-allowable costs reported in the	122305
cost report or ten thousand dollars;	122306

(5) If the adverse findings exceed twenty-five per cent but	122307
do not exceed thirty per cent of ~~medicaid-reimbursable~~	122308
medicaid-allowable costs for a particular cost center reported in	122309
the cost report, the greater of six per cent of the total amount	122310
of ~~medicaid-reimbursable~~medicaid-allowable costs reported in the	122311
cost report or twenty-five thousand dollars;	122312

(6) If the adverse findings exceed thirty per cent of	122313
~~medicaid-reimbursable~~medicaid-allowable costs for a particular	122314
cost center reported in the cost report, the greater of ten per	122315
cent of the total amount of ~~medicaid-reimbursable~~	122316
medicaid-allowable costs reported in the cost report or fifty	122317
thousand dollars.	122318

(C) Fines paid under this section shall be deposited into the	122319
health care services administration fund created under section	122320
~~5111.94~~5162.54 of the Revised Code.	122321

(D) The department may not collect a fine under this section	122322
until all appeal rights relating to the audit report that is the	122323
basis for the fine are exhausted.	122324

~~Sec. 5111.222.~~ Sec. 5165.15. (A) ~~As used in this section, "low~~	122325
~~resource utilization resident" means a medicaid recipient residing~~	122326
~~in a nursing facility who, for purposes of calculating the nursing~~	122327
~~facility's medicaid reimbursement rate for direct care costs, is~~	122328
~~placed in either of the two lowest resource utilization groups,~~	122329
~~excluding any resource utilization group that is a default group~~	122330
~~used for residents with incomplete assessment data.~~	122331

~~(B)~~ Except as otherwise provided by sections ~~5111.20~~5165.151	122332
to ~~5111.331~~5165.156 and 5165.34 of the Revised Code ~~and by~~	122333
~~division (C) of this section~~, the total per medicaid day payment	122334
rate that the department of ~~job and family services~~medicaid shall	122335
~~agree to~~ pay ~~for a fiscal year to the provider of~~ a nursing	122336
facility ~~pursuant to a provider agreement~~provider for nursing	122337
facility services the provider's nursing facility provides during	122338
a fiscal year shall equal the sum of all of the following:	122339

(1) ~~The rate for direct care costs determined for the nursing~~	122340
~~facility under section 5111.231 of the Revised Code;~~	122341

~~(2)~~ The per medicaid day payment rate for ancillary and	122342
support costs determined for the nursing ~~facility's ancillary and~~	122343
~~support cost peer group~~facility under section ~~5111.24~~5165.16 of	122344
the Revised Code;	122345

~~(3)~~(2) The per medicaid day payment rate for capital costs	122346
determined for the nursing facility under section 5165.17 of the	122347
Revised Code;	122348

(3) The per medicaid day payment rate for direct care costs	122349
determined for the nursing facility under section 5165.19 of the	122350
Revised Code;	122351

(4) The per medicaid day payment rate for tax costs	122352
determined for the nursing facility under section ~~5111.242~~5165.21	122353
of the Revised Code;	122354

~~(4) The quality incentive payment paid to the nursing~~	122355
~~facility under section 5111.244 of the Revised Code;~~	122356

(5) If the nursing facility qualifies as a critical access	122357
nursing facility, the nursing facility's critical access incentive	122358
payment paid ~~to the nursing facility~~ under section ~~5111.246~~	122359
5165.23 of the Revised Code;	122360

(6) The ~~rate for capital costs determined for the nursing~~	122361
~~facility's capital costs peer group under section 5111.25~~quality	122362
incentive payment paid to the nursing facility under section	122363
5165.25 of the Revised Code.	122364

~~(C) The total rate determined under division (B) of this~~	122365
~~section shall not be paid for nursing facility services provided~~	122366
~~to low resource utilization residents. Instead, the total rate for~~	122367
~~nursing facility services that a nursing facility provides to low~~	122368
~~resource utilization residents shall be one hundred thirty dollars~~	122369
~~per medicaid day.~~	122370

~~(D)~~(B) In addition to paying a nursing facility provider the	122371
nursing facility's total rate determined under division ~~(B) or~~	122372
~~(C)~~(A) of this section for a fiscal year, the department shall pay	122373
the provider a quality bonus under section ~~5111.245~~5165.26 of the	122374
Revised Code for that fiscal year if the provider's nursing	122375
facility is a qualifying nursing facility, as defined in that	122376
section, for that fiscal year. The quality bonus shall not be part	122377
of the total rate.	122378

~~Sec. 5111.254.~~ Sec. 5165.151. (A) The ~~department of job and family~~	122379
~~services shall establish initial rates for a nursing facility with~~	122380
~~a first date of licensure that is on or after July 1, 2006,~~	122381
~~including a facility that replaces one or more existing~~	122382
~~facilities, or for a nursing facility with a first date of~~	122383
~~licensure before that date that was initially certified for the~~	122384
~~medicaid program on or after that date,~~total per medicaid day	122385
payment rate determined under section 5165.15 of the Revised Code	122386
shall not be the initial rate for nursing facility services	122387
provided by a new nursing facility. Instead, the initial total per	122388
medicaid day payment rate for nursing facility services provided	122389
by a new nursing facility shall be determined in the following	122390
manner:	122391

(1) The initial rate for ancillary and support costs shall be	122392
the rate for the new nursing facility's peer group determined	122393
under division (D) of section 5165.16 of the Revised Code.	122394

(2) The initial rate for capital costs shall be the rate for	122395
the new nursing facility's peer group determined under division	122396
(D) of section 5165.17 of the Revised Code;	122397

(3) The initial rate for direct care costs shall be the	122398
product of the cost per case-mix unit determined under division	122399
(D) of section ~~5111.231~~5165.19 of the Revised Code for the new	122400
nursing facility's peer group and the new nursing facility's	122401
case-mix score determined under division (B) of this section. ~~For~~	122402
~~the purpose of division (A)(1) of this section, the nursing~~	122403
~~facility's case-mix score shall be the following:~~	122404

~~(a) Unless the nursing facility replaces an existing nursing~~	122405
~~facility that participated in the medicaid program immediately~~	122406
~~before the replacement nursing facility begins participating in~~	122407
~~the medicaid program, the median annual average case-mix score for~~	122408
~~the nursing facility's peer group;~~	122409

~~(b) If the nursing facility replaces an existing nursing~~	122410
~~facility that participated in the medicaid program immediately~~	122411
~~before the replacement nursing facility begins participating in~~	122412
~~the medicaid program, the semiannual case-mix score most recently~~	122413
~~determined under section 5111.232 of the Revised Code for the~~	122414
~~replaced nursing facility as adjusted, if necessary, to reflect~~	122415
~~any difference in the number of beds in the replaced and~~	122416
~~replacement nursing facilities.~~	122417

~~(2) The rate for ancillary and support costs shall be the~~	122418
~~rate for the facility's peer group determined under division (D)~~	122419
~~of section 5111.24 of the Revised Code.~~	122420

~~(3) The rate for capital costs shall be the rate for the~~	122421
~~facility's peer group determined under division (D) of section~~	122422
~~5111.25 of the Revised Code.~~	122423

(4) The initial rate for tax costs shall be the median rate	122424
for tax costs for the new nursing facility's peer group in which	122425
the nursing facility is placed under division (C) of section	122426
~~5111.24~~5165.16 of the Revised Code.	122427

(5) The quality incentive payment shall be the mean payment	122428
made to nursing facilities under section ~~5111.244~~5165.25 of the	122429
Revised Code.	122430

(B) For the purpose of division (A)(3) of this section, a new	122431
nursing facility's case-mix score shall be the following:	122432

(1) Unless the new nursing facility replaces an existing	122433
nursing facility that participated in the medicaid program	122434
immediately before the new nursing facility begins participating	122435
in the medicaid program, the median annual average case-mix score	122436
for the new nursing facility's peer group;	122437

(2) If the nursing facility replaces an existing nursing	122438
facility that participated in the medicaid program immediately	122439
before the new nursing facility begins participating in the	122440
medicaid program, the semiannual case-mix score most recently	122441
determined under section 5165.192 of the Revised Code for the	122442
replaced nursing facility as adjusted, if necessary, to reflect	122443
any difference in the number of beds in the replaced and new	122444
nursing facilities.	122445

(C) Subject to division ~~(C)~~(D) of this section, the	122446
department shall adjust the rates established under division (A)	122447
of this section effective the first day of July, to reflect new	122448
rate calculations for all nursing facilities under ~~sections~~	122449
~~5111.20 to 5111.331 of the Revised Code~~this chapter.	122450

~~(C)~~(D) If a rate for direct care costs is determined under	122451
this section for a new nursing facility using the median annual	122452
average case-mix score for the new nursing facility's peer group,	122453
the rate shall be redetermined to reflect the ~~replacement~~new	122454
nursing facility's actual semiannual average case-mix score	122455
determined under section ~~5111.232~~5165.192 of the Revised Code	122456
after the new nursing facility submits its first two quarterly	122457
assessment data that qualify for use in calculating a case-mix	122458
score in accordance with rules authorized by ~~division (E) of~~	122459
section ~~5111.232~~5165.192 of the Revised Code. If the new nursing	122460
facility's quarterly submissions do not qualify for use in	122461
calculating a case-mix score, the department shall continue to use	122462
the median annual average case-mix score for the new nursing	122463
facility's peer group in lieu of the new nursing facility's	122464
semiannual case-mix score until the new nursing facility submits	122465
two consecutive quarterly assessment data that qualify for use in	122466
calculating a case-mix score.	122467

Sec. 5165.152. The total per medicaid day payment rate	122468
determined under section 5165.15 of the Revised Code shall not be	122469
paid for nursing facility services provided to low resource	122470
utilization residents. Instead, the total rate for such nursing	122471
facility services shall be one hundred thirty dollars per medicaid	122472
day.	122473

~~Sec. 5111.258.~~ Sec. 5165.153. (A) ~~Notwithstanding sections 5111.20~~	122474
~~to 5111.331 of the Revised Code (except section 5111.259 of the~~	122475
~~Revised Code), the director of job and family services shall adopt~~	122476
~~rules under section 5111.02 of the Revised Code that establish a~~	122477
~~methodology for calculating the prospective rates that will be~~	122478
~~paid each fiscal year to a provider for each of the provider's~~	122479
~~eligible nursing facilities and intermediate care facilities for~~	122480
~~the mentally retarded, and discrete units of the provider's~~	122481
~~nursing facilities or intermediate care facilities for the~~	122482
~~mentally retarded, that serve residents who have diagnoses~~The	122483
total per medicaid day payment rate determined under section	122484
5165.15 of the Revised Code shall not be paid for nursing facility	122485
services provided by a nursing facility, or discrete unit of a	122486
nursing facility, designated by the department of medicaid as an	122487
outlier nursing facility or unit. Instead, the provider of a	122488
designated outlier nursing facility or unit shall be paid each	122489
fiscal year a total per medicaid day payment rate that the	122490
department shall prospectively determine in accordance with a	122491
methodology established in rules authorized by this section.	122492

(B) The department may designate a nursing facility, or	122493
discrete unit of a nursing facility, as an outlier nursing	122494
facility or unit if the nursing facility or unit serves residents	122495
who have either of the following:	122496

(1) Diagnoses or special care needs that require direct care	122497
resources that are not measured adequately by the ~~applicable~~	122498
resident assessment instrument specified in rules authorized by	122499
section ~~5111.232~~5165.191 of the Revised Code~~, or who have~~	122500
~~diagnoses~~;	122501

(2) Diagnoses or special care needs specified in ~~the~~ rules	122502
authorized by this section as otherwise qualifying for	122503
consideration under this section. ~~The facilities and units of~~	122504
~~facilities whose rates are established under this division may~~	122505
~~include, but shall not be limited to, any of the following:~~	122506

~~(1) In the case of nursing facilities, facilities and units~~	122507
~~of facilities that serve medically fragile pediatric residents,~~	122508
~~residents who are dependent on ventilators, or residents who have~~	122509
~~severe traumatic brain injury, end-stage Alzheimer's disease, or~~	122510
~~end-stage acquired immunodeficiency syndrome;~~	122511

~~(2) In the case of intermediate care facilities for the~~	122512
~~mentally retarded, facilities and units of facilities that serve~~	122513
~~residents who have complex medical conditions or severe behavioral~~	122514
~~problems.~~	122515

~~The department shall use the methodology established under~~	122516
~~this division to pay for services rendered by such facilities and~~	122517
~~units after June 30, 1993.~~	122518

(C) Notwithstanding any other provision of this chapter	122519
(except section 5165.156 of the Revised Code), the costs incurred	122520
by a designated outlier nursing facility or unit shall not be	122521
considered in establishing medicaid payment rates for other	122522
nursing facilities or units.	122523

(D) The medicaid director shall adopt rules under section	122524
5165.02 of the Revised Code as necessary to implement this	122525
section.	122526

(1)(a) The rules ~~authorized by this division~~ shall ~~specify~~do	122527
both of the following:	122528

(i) Specify the criteria and procedures the department will	122529
apply when designating ~~facilities and units that qualify for~~	122530
~~calculation of rates under this division~~a nursing facility, or	122531
discrete unit of a nursing facility, as an outlier nursing	122532
facility or unit;	122533

(ii) Establish a methodology for prospectively determining	122534
the total per medicaid day payment rate that will be paid each	122535
fiscal year for nursing facility services provided by a designated	122536
outlier nursing facility or unit. ~~The criteria shall include~~	122537

(b) The rules authorized by division (D)(1)(a)(i) of this	122538
section regarding the criteria for designating outlier nursing	122539
facilities and units shall do both of the following:	122540

(i) Provide for consideration of whether all of the allowable	122541
costs of ~~the~~a nursing facility, or discrete unit of a nursing	122542
facility, would be paid by ~~rates established~~a rate determined	122543
under ~~sections 5111.20 to 5111.331~~section 5165.15 of the Revised	122544
Code~~, and shall establish a~~;	122545

(ii) Specify the minimum ~~bed size for a~~number of nursing	122546
facility beds that a nursing facility, or discrete unit ~~to qualify~~	122547
toof a nursing facility, must have ~~its rates established under~~	122548
~~this division~~to be designated an outlier nursing facility or	122549
unit, which may vary based on the diagnoses or special care needs	122550
of the residents served by the nursing facility or unit. ~~The~~	122551
~~criteria shall not be designed to require that residents be served~~	122552
~~only in~~	122553

(c) The rules authorized by division (D)(1)(a)(i) of this	122554
section regarding the criteria for designating outlier nursing	122555
facilities and units shall not limit the designation to nursing	122556
facilities, or discrete units of nursing facilities, located in	122557
large cities. ~~The~~	122558

(d) The rules authorized by division (D)(1)(a)(ii) of this	122559
section regarding the methodology for prospectively determining	122560
the rates of designated outlier nursing facilities and units shall	122561
provide for the methodology ~~established by the rules shall~~to	122562
consider the historical costs of providing ~~care~~nursing facility	122563
services to the residents of ~~the~~designated outlier nursing	122564
facilities orand units.	122565

(2)(a) The rules may ~~require~~do both of the following:

122566

(i) Include for designation as an outlier nursing facility or	122567
unit, a nursing facility, or discrete unit of a nursing facility,	122568
that serves medically fragile pediatric residents; residents who	122569
are dependent on ventilators; residents who have severe traumatic	122570
brain injury, end-stage Alzheimer's disease, or end-stage acquired	122571
immunodeficiency syndrome; or residents with other diagnoses or	122572
special care needs specified in the rules;	122573

(ii) Require that a designated outlier nursing facility	122574
~~designated under this division or containing a unit designated~~	122575
~~under this division~~ receive authorization from the department to	122576
~~admit~~before admitting or ~~retain~~retaining a resident ~~to the~~	122577
~~facility or unit and~~.	122578

(b) If the director adopts rules authorized by division	122579
(D)(2)(a)(ii) of this section regarding the authorization of a	122580
designated outlier nursing facility or unit to admit or retain a	122581
resident, the rules shall specify the criteria and procedures the	122582
department will apply when granting that authorization.	122583

~~Notwithstanding any other provision of sections 5111.20 to~~	122584
~~5111.331 of the Revised Code (except section 5111.259 of the~~	122585
~~Revised Code), the costs incurred by facilities or units whose~~	122586
~~rates are established under this division shall not be considered~~	122587
~~in establishing payment rates for other facilities or units.~~	122588

~~(B) The director may adopt rules under section 5111.02 of the~~	122589
~~Revised Code under which the department, notwithstanding any other~~	122590
~~provision of sections 5111.20 to 5111.331 of the Revised Code~~	122591
~~(except section 5111.259 of the Revised Code), may adjust the~~	122592
~~rates determined under sections 5111.20 to 5111.331 of the Revised~~	122593
~~Code for a facility that serves a resident who has a diagnosis or~~	122594
~~special care need that, in the rules authorized by division (A) of~~	122595
~~this section, would qualify a facility or unit of a facility to~~	122596
~~have its rate determined under that division, but who is not in~~	122597
~~such a unit. The rules may require that a facility that qualifies~~	122598
~~for a rate adjustment under this division receive authorization~~	122599
~~from the department to admit or retain a resident who qualifies~~	122600
~~the facility for the rate adjustment and shall specify the~~	122601
~~criteria and procedures the department will apply when granting~~	122602
~~that authorization.~~	122603

Sec. 5165.154. (A) To the extent, if any, provided for in	122604
rules authorized by this section, the total per medicaid day	122605
payment rate determined under section 5165.15 of the Revised Code	122606
shall not be paid for nursing facility services that a nursing	122607
facility not designated as an outlier nursing facility or unit	122608
provides to a resident who meets the criteria for admission to a	122609
designated outlier nursing facility or unit, as specified in rules	122610
authorized by section 5165.153 of the Revised Code. Instead, the	122611
provider of a nursing facility providing nursing facility services	122612
to such a resident shall be paid each fiscal year a total per	122613
medicaid day payment rate that the department of medicaid shall	122614
prospectively determine in accordance with a methodology	122615
established in rules authorized by this section.	122616

(B) The medicaid director may adopt rules under section	122617
5165.02 of the Revised Code to implement this section. The rules	122618
may require that a nursing facility receive authorization from the	122619
department before admitting or retaining a resident who meets the	122620
criteria for admission to a designated outlier nursing facility or	122621
unit. If the director adopts such rules, the rules shall specify	122622
the criteria and procedures the department will apply when	122623
granting the authorization.	122624

~~Sec. 5111.225.~~ Sec. 5165.155. (A) As used in this section:

122625

~~"Dual eligible individual" has the same meaning as in section~~	122626
~~1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),~~	122627
~~42 U.S.C. 1396n(h)(2)(B).~~	122628

~~"Medicaid~~, "medicaid maximum allowable amount" means one	122629
hundred per cent of a nursing facility's total per ~~diem~~medicaid	122630
day payment rate ~~for a medicaid day~~.	122631

(B) ~~The~~Instead of paying the total per medicaid day payment	122632
rate determined under section 5165.15 of the Revised Code, the	122633
department of ~~job and family services~~medicaid shall pay the	122634
provider of a nursing facility the lesser of the following for	122635
nursing facility services the nursing facility provides on or	122636
after January 1, 2012, to a dual eligible individual who is	122637
eligible for nursing facility services under the medicaid program	122638
and post-hospital extended care services under Part A of Title	122639
XVIII:	122640

(1) The coinsurance amount for the services as provided under	122641
Part A of Title XVIII;	122642

(2) The medicaid maximum allowable amount for the services,	122643
less the amount paid under Part A of Title XVIII for the services.	122644

~~Sec. 5111.259.~~ Sec. 5165.156. The medicaid director ~~of job and~~	122645
~~family services~~ may ~~submit a request to the United States~~	122646
~~secretary of health and human services for approval to~~ establish a	122647
centers of excellence component of the medicaid program. The	122648
purpose of the centers of excellence component is to increase the	122649
efficiency and quality of nursing facility services provided to	122650
medicaid recipients with complex nursing facility service needs.	122651
~~If federal approval for the centers of excellence component is~~	122652
~~granted, the~~The director may adopt rules under section ~~5111.02~~	122653
5165.02 of the Revised Code governing the component, including	122654
rules that establish a method of determining the medicaid	122655
~~reimbursement~~payment rates for nursing facilities providing	122656
nursing facility services to medicaid recipients participating in	122657
the component. The rules may specify the extent to which, if any,	122658
of the provisions of ~~section 5111.258~~sections 5165.153 and	122659
5165.154 of the Revised Code are to apply to the centers of	122660
excellence component. If such rules are adopted, the nursing	122661
facilities that provide nursing facility services to medicaid	122662
recipients participating in the centers of excellence component	122663
shall be paid for those services in accordance with the method	122664
established in the rules ~~notwithstanding anything to the contrary~~	122665
~~in sections 5111.20 to 5111.331~~instead of the total per medicaid	122666
day payment rate determined under section 5165.15 of the Revised	122667
Code.	122668

~~Sec. 5111.24.~~ Sec. 5165.16. (A) As used in this section:

122669

(1) "Applicable calendar year" means the following:

122670

(a) For the purpose of the department of ~~job and family~~	122671
~~services'~~medicaid's initial determination under division (D) of	122672
this section of each peer group's rate for ancillary and support	122673
costs, calendar year 2003;	122674

(b) For the purpose of the department's rebasings, the	122675
calendar year the department selects.	122676

(2) "Rebasing" means a redetermination under division (D) of	122677
this section of each peer ~~groups'~~group's rate for ancillary and	122678
support costs using information from cost reports for an	122679
applicable calendar year that is later than the applicable	122680
calendar year used for the previous determination of such rates.	122681

(B) The department of ~~job and family services~~medicaid shall	122682
~~pay a provider for~~determine each ~~of the provider's eligible~~	122683
nursing ~~facilities a~~facility's per ~~resident per~~medicaid day	122684
payment rate for ancillary and support costs ~~determined for the~~.	122685
A nursing facility's ~~peer group~~rate shall be the rate determined	122686
under division (D) of this section for the nursing facility's peer	122687
group. However, for the period beginning October 1, 2013, and	122688
ending on the first day of the first rebasing, the rate for a	122689
nursing facility located in Mahoning or Stark county shall be the	122690
rate determined for the following:	122691

(1) If the nursing facility has fewer than one hundred beds,	122692
the nursing facilities in peer group three;	122693

(2) If the nursing facility has one hundred or more beds, the	122694
nursing facilities in peer group four.	122695

(C) For the purpose of determining nursing facilities' ~~rate~~	122696
rates for ancillary and support costs, the department shall	122697
establish six peer groups.	122698

~~Each~~(1) Until the first rebasing occurs, the peer groups	122699
shall be composed as follows:	122700

(a) Each nursing facility located in any of the following	122701
counties shall be placed in peer group one or two: Brown, Butler,	122702
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	122703
located in any of those counties that has fewer than one hundred	122704
beds shall be placed in peer group one. Each nursing facility	122705
located in any of those counties that has one hundred or more beds	122706
shall be placed in peer group two.	122707

(b) Each nursing facility located in any of the following	122708
counties shall be placed in peer group three or four: Ashtabula,	122709
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	122710
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	122711
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	122712
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	122713
Union, and Wood. Each nursing facility located in any of those	122714
counties that has fewer than one hundred beds shall be placed in	122715
peer group three. Each nursing facility located in any of those	122716
counties that has one hundred or more beds shall be placed in peer	122717
group four.	122718

(c) Each nursing facility located in any of the following	122719
counties shall be placed in peer group five or six: Adams, Allen,	122720
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	122721
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	122722
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	122723
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	122724
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	122725
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	122726
Washington, Wayne, Williams, and Wyandot. Each nursing facility	122727
located in any of those counties that has fewer than one hundred	122728
beds shall be placed in peer group five. Each nursing facility	122729
located in any of those counties that has one hundred or more beds	122730
shall be placed in peer group six.	122731

(2) Beginning with the first rebasing, the peer groups shall	122732
be composed as they are under division (C)(1) of this section	122733
except as follows:	122734

(a) Each nursing facility that has fewer than one hundred	122735
beds and is located in Mahoning or Stark county shall be placed in	122736
peer group three rather than peer group five.	122737

(b) Each nursing facility that has one hundred or more beds	122738
and is located in Mahoning or Stark county shall be placed in peer	122739
group four rather than peer group six.	122740

(D)(1) The department shall determine the rate for ancillary	122741
and support costs for each peer group established under division	122742
(C) of this section. The department is not required to conduct a	122743
rebasing more than once every ten years. Except as necessary to	122744
implement the amendments made to this section by Am. Sub. H.B. 153	122745
and Sub. H.B. 303, both of the 129th general assembly, the rate	122746
for ancillary and support costs determined under this division for	122747
a peer group shall be used for subsequent years until the	122748
department conducts a rebasing. To determine a peer group's rate	122749
for ancillary and support costs, the department shall do all of	122750
the following:	122751

(a) Subject to division (D)(2) of this section, determine the	122752
rate for ancillary and support costs for each nursing facility in	122753
the peer group for the applicable calendar year by using the	122754
greater of the nursing facility's actual inpatient days for the	122755
applicable calendar year or the inpatient days the nursing	122756
facility would have had for the applicable calendar year if its	122757
occupancy rate had been ninety per cent;	122758

(b) Subject to division (D)(3) of this section, identify	122759
which nursing facility in the peer group is at the twenty-fifth	122760
percentile of the rate for ancillary and support costs for the	122761
applicable calendar year determined under division (D)(1)(a) of	122762
this section;	122763

(c) Multiply the rate for ancillary and support costs	122764
determined under division (D)(1)(a) of this section for the	122765
nursing facility identified under division (D)(1)(b) of this	122766
section by the rate of inflation for the eighteen-month period	122767
beginning on the first day of July of the applicable calendar year	122768
and ending the last day of December of the calendar year	122769
immediately following the applicable calendar year using the	122770
following:	122771

(i) Until the first rebasing occurs, the consumer price index	122772
for all items for all urban consumers for the north central	122773
region, published by the United States bureau of labor statistics,	122774
as that index existed on July 1, 2005;	122775

(ii) Effective with the first rebasing and except as provided	122776
in division (D)(1)(c)(iii) of this section, the consumer price	122777
index for all items for all urban consumers for the midwest	122778
region, published by the United States bureau of labor statistics;	122779

(iii) If the United States bureau of labor statistics ceases	122780
to publish the index specified in division (D)(1)(c)(ii) of this	122781
section, the index the bureau subsequently publishes that covers	122782
urban consumers' prices for items for the region that includes	122783
this state.	122784

(d) Until the first rebasing occurs, increase the amount	122785
calculated under division (D)(1)(c) of this section by five and	122786
eight hundredths per cent.	122787

(2) For the purpose of determining a nursing facility's	122788
occupancy rate under division (D)(1)(a) of this section, the	122789
department shall include any beds that the nursing facility	122790
removes from its medicaid-certified capacity unless the nursing	122791
facility also removes the beds from its licensed bed capacity.	122792

(3) In making the identification under division (D)(1)(b) of	122793
this section, the department shall exclude both of the following:	122794

(a) Nursing facilities that participated in the medicaid	122795
program under the same provider for less than twelve months in the	122796
applicable calendar year;	122797

(b) Nursing facilities whose ancillary and support costs are	122798
more than one standard deviation from the mean desk-reviewed,	122799
actual, allowable, per diem ancillary and support cost for all	122800
nursing facilities in the nursing facility's peer group for the	122801
applicable calendar year.	122802

(4) The department shall not redetermine a peer group's rate	122803
for ancillary and support costs under this division based on	122804
additional information that it receives after the rate is	122805
determined. The department shall redetermine a peer group's rate	122806
for ancillary and support costs only if the department made an	122807
error in determining the rate based on information available to	122808
the department at the time of the original determination.	122809

~~Sec. 5111.25.~~ Sec. 5165.17. (A) As used in this section:

122810

(1) "Applicable calendar year" means the following:

122811

(a) For the purpose of the department of ~~job and family~~	122812
~~services'~~medicaid's initial determination under division (D) of	122813
this section of each peer group's rate for capital costs, calendar	122814
year 2003;	122815

(b) For the purpose of the department's rebasings, the	122816
calendar year the department selects.	122817

(2) "Rebasing" means a redetermination under division (D) of	122818
this section of each peer ~~groups'~~group's rate for capital costs	122819
using information from cost reports for an applicable calendar	122820
year that is later than the applicable calendar year used for the	122821
previous determination of such rates.	122822

(B) The department of ~~job and family services~~medicaid shall	122823
~~pay a provider for~~determine each ~~of the provider's eligible~~	122824
nursing ~~facilities a~~facility's per ~~resident per~~medicaid day	122825
payment rate for capital costs ~~determined for the~~. A nursing	122826
facility's ~~peer group~~rate shall be the rate determined under	122827
division (D) of this section. However, for the period beginning	122828
October 1, 2013, and ending on the first day of the first	122829
rebasing, the rate for a nursing facility located in Mahoning or	122830
Stark county shall be the rate determined for the following:	122831

(1) If the nursing facility has fewer than one hundred beds,	122832
the nursing facilities in peer group three;	122833

(2) If the nursing facility has one hundred or more beds, the	122834
nursing facilities in peer group four.	122835

(C) For the purpose of determining nursing facilities' ~~rate~~	122836
rates for capital costs, the department shall establish six peer	122837
groups.	122838

~~Each~~(1) Until the first rebasing occurs, the peer groups	122839
shall be composed as follows:	122840

(a) Each nursing facility located in any of the following	122841
counties shall be placed in peer group one or two: Brown, Butler,	122842
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	122843
located in any of those counties that has fewer than one hundred	122844
beds shall be placed in peer group one. Each nursing facility	122845
located in any of those counties that has one hundred or more beds	122846
shall be placed in peer group two.	122847

(b) Each nursing facility located in any of the following	122848
counties shall be placed in peer group three or four: Ashtabula,	122849
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	122850
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	122851
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	122852
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	122853
Union, and Wood. Each nursing facility located in any of those	122854
counties that has fewer than one hundred beds shall be placed in	122855
peer group three. Each nursing facility located in any of those	122856
counties that has one hundred or more beds shall be placed in peer	122857
group four.	122858

(c) Each nursing facility located in any of the following	122859
counties shall be placed in peer group five or six: Adams, Allen,	122860
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	122861
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	122862
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	122863
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	122864
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	122865
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	122866
Washington, Wayne, Williams, and Wyandot. Each nursing facility	122867
located in any of those counties that has fewer than one hundred	122868
beds shall be placed in peer group five. Each nursing facility	122869
located in any of those counties that has one hundred or more beds	122870
shall be placed in peer group six.	122871

(2) Beginning with the first rebasing, the peer groups shall	122872
be composed as they are under division (C)(1) of this section	122873
except as follows:	122874

(a) Each nursing facility that has fewer than one hundred	122875
beds and is located in Mahoning or Stark county shall be placed in	122876
peer group three rather than peer group five.	122877

(b) Each nursing facility that has one hundred or more beds	122878
and is located in Mahoning or Stark county shall be placed in peer	122879
group four rather than peer group six.	122880

(D)(1) The department shall determine the rate for capital	122881
costs for each peer group established under division (C) of this	122882
section. The department is not required to conduct a rebasing more	122883
than once every ten years. Except as necessary to implement the	122884
amendments made to this section by Am. Sub. H.B. 153 and Sub. H.B.	122885
303, both of the 129th general assembly, the rate for capital	122886
costs determined under this division for a peer group shall be	122887
used for subsequent years until the department conducts a	122888
rebasing. To determine a peer group's rate for capital costs, the	122889
department shall do both of the following:	122890

(a) Determine the rate for capital costs for the nursing	122891
facility in the peer group that is at the twenty-fifth percentile	122892
of the rate for capital costs for the applicable calendar year;	122893

(b) Until the first rebasing occurs, increase the amount	122894
calculated under division (D)(1)(a) of this section by five and	122895
eight hundredths per cent.	122896

(2) To identify the nursing facility in a peer group that is	122897
at the twenty-fifth percentile of the rate for capital costs for	122898
the applicable calendar year, the department shall do both of the	122899
following:	122900

(a) Subject to division (D)(3) of this section, use the	122901
greater of each nursing facility's actual inpatient days for the	122902
applicable calendar year or the inpatient days the nursing	122903
facility would have had for the applicable calendar year if its	122904
occupancy rate had been one hundred per cent;	122905

(b) Exclude both of the following:

122906

(i) Nursing facilities that participated in the medicaid	122907
program under the same provider for less than twelve months in the	122908
applicable calendar year;	122909

(ii) Nursing facilities whose capital costs are more than one	122910
standard deviation from the mean desk-reviewed, actual, allowable,	122911
per diem capital cost for all nursing facilities in the nursing	122912
facility's peer group for the applicable calendar year.	122913

(3) For the purpose of determining a nursing facility's	122914
occupancy rate under division (D)(2)(a) of this section, the	122915
department shall include any beds that the nursing facility	122916
removes from its medicaid-certified capacity after June 30, 2005,	122917
unless the nursing facility also removes the beds from its	122918
licensed bed capacity.	122919

(4) The department shall not redetermine a peer group's rate	122920
for capital costs under this division based on additional	122921
information that it receives after the rate is determined. The	122922
department shall redetermine a peer group's rate for capital costs	122923
only if the department made an error in determining the rate based	122924
on information available to the department at the time of the	122925
original determination.	122926

(E) Buildings shall be depreciated using the straight line	122927
method over forty years or over a different period approved by the	122928
department. Components and equipment shall be depreciated using	122929
the straight-line method over a period designated in rules adopted	122930
under section ~~5111.02~~5165.02 of the Revised Code, consistent with	122931
the guidelines of the American hospital association, or over a	122932
different period approved by the department. Any rules authorized	122933
by this division that specify useful lives of buildings,	122934
components, or equipment apply only to assets acquired on or after	122935
July 1, 1993. Depreciation for costs paid or reimbursed by any	122936
government agency shall not be included in capital costs unless	122937
that part of the payment under ~~sections 5111.20 to 5111.331 of the~~	122938
~~Revised Code~~this chapter is used to reimburse the government	122939
agency.	122940

(F) The capital cost basis of nursing facility assets shall	122941
be determined in the following manner:	122942

(1) Except as provided in division (F)(3) of this section,	122943
for purposes of calculating the rates to be paid for facilities	122944
with dates of licensure on or before June 30, 1993, the capital	122945
cost basis of each asset shall be equal to the desk-reviewed,	122946
actual, allowable, capital cost basis that is listed on the	122947
facility's cost report for the calendar year preceding the fiscal	122948
year during which the rate will be paid.	122949

(2) For facilities with dates of licensure after June 30,	122950
1993, the capital cost basis shall be determined in accordance	122951
with the principles of the medicare program ~~established under~~	122952
~~Title XVIII~~, except as otherwise provided in ~~sections 5111.20 to~~	122953
~~5111.331 of the Revised Code~~this chapter.	122954

(3) Except as provided in division (F)(4) of this section, if	122955
a provider transfers an interest in a facility to another provider	122956
after June 30, 1993, there shall be no increase in the capital	122957
cost basis of the asset if the providers are related parties or	122958
the provider to which the interest is transferred authorizes the	122959
provider that transferred the interest to continue to operate the	122960
facility under a lease, management agreement, or other	122961
arrangement. If the previous sentence does not prohibit the	122962
adjustment of the capital cost basis under this division, the	122963
basis of the asset shall be adjusted by one-half of the change in	122964
the consumer price index for all items for all urban consumers, as	122965
published by the United States bureau of labor statistics, during	122966
the time that the transferor held the asset.	122967

(4) If a provider transfers an interest in a facility to	122968
another provider who is a related party, the capital cost basis of	122969
the asset shall be adjusted as specified in division (F)(3) of	122970
this section if all of the following conditions are met:	122971

(a) The related party is a relative of owner;

122972

(b) Except as provided in division (F)(4)(c)(ii) of this	122973
section, the provider making the transfer retains no ownership	122974
interest in the facility;	122975

(c) The department ~~of job and family services~~ determines that	122976
the transfer is an arm's length transaction pursuant to rules	122977
adopted under section ~~5111.02~~5165.02 of the Revised Code. The	122978
rules shall provide that a transfer is an arm's length transaction	122979
if all of the following apply:	122980

(i) Once the transfer goes into effect, the provider that	122981
made the transfer has no direct or indirect interest in the	122982
provider that acquires the facility or the facility itself,	122983
including interest as an owner, officer, director, employee,	122984
independent contractor, or consultant, but excluding interest as a	122985
creditor.	122986

(ii) The provider that made the transfer does not reacquire	122987
an interest in the facility except through the exercise of a	122988
creditor's rights in the event of a default. If the provider	122989
reacquires an interest in the facility in this manner, the	122990
department shall treat the facility as if the transfer never	122991
occurred when the department calculates its reimbursement rates	122992
for capital costs.	122993

(iii) The transfer satisfies any other criteria specified in	122994
the rules.	122995

(d) Except in the case of hardship caused by a catastrophic	122996
event, as determined by the department, or in the case of a	122997
provider making the transfer who is at least sixty-five years of	122998
age, not less than twenty years have elapsed since, for the same	122999
facility, the capital cost basis was adjusted most recently under	123000
division (F)(4) of this section or actual, allowable ~~cost of~~	123001
~~ownership~~capital costs was determined most recently under	123002
division (G)(9) of this section.	123003

(G) As used in this division:

123004

"Imputed interest" means the lesser of the prime rate plus	123005
two per cent or ten per cent.	123006

"Lease expense" means lease payments in the case of an	123007
operating lease and depreciation expense and interest expense in	123008
the case of a capital lease.	123009

"New lease" means a lease, to a different lessee, of a	123010
nursing facility that previously was operated under a lease.	123011

(1) Subject to division (B) of this section, for a lease of a	123012
facility that was effective on May 27, 1992, the entire lease	123013
expense is an actual, allowable capital cost during the term of	123014
the existing lease. The entire lease expense also is an actual,	123015
allowable capital cost if a lease in existence on May 27, 1992, is	123016
renewed under either of the following circumstances:	123017

(a) The renewal is pursuant to a renewal option that was in	123018
existence on May 27, 1992;	123019

(b) The renewal is for the same lease payment amount and	123020
between the same parties as the lease in existence on May 27,	123021
1992.	123022

(2) Subject to division (B) of this section, for a lease of a	123023
facility that was in existence but not operated under a lease on	123024
May 27, 1992, actual, allowable capital costs shall include the	123025
lesser of the annual lease expense or the annual depreciation	123026
expense and imputed interest expense that would be calculated at	123027
the inception of the lease using the lessor's entire historical	123028
capital asset cost basis, adjusted by one-half of the change in	123029
the consumer price index for all items for all urban consumers, as	123030
published by the United States bureau of labor statistics, during	123031
the time the lessor held each asset until the beginning of the	123032
lease.	123033

(3) Subject to division (B) of this section, for a lease of a	123034
facility with a date of licensure on or after May 27, 1992, that	123035
is initially operated under a lease, actual, allowable capital	123036
costs shall include the annual lease expense if there was a	123037
substantial commitment of money for construction of the facility	123038
after December 22, 1992, and before July 1, 1993. If there was not	123039
a substantial commitment of money after December 22, 1992, and	123040
before July 1, 1993, actual, allowable capital costs shall include	123041
the lesser of the annual lease expense or the sum of the	123042
following:	123043

(a) The annual depreciation expense that would be calculated	123044
at the inception of the lease using the lessor's entire historical	123045
capital asset cost basis;	123046

(b) The greater of the lessor's actual annual amortization of	123047
financing costs and interest expense at the inception of the lease	123048
or the imputed interest expense calculated at the inception of the	123049
lease using seventy per cent of the lessor's historical capital	123050
asset cost basis.	123051

(4) Subject to division (B) of this section, for a lease of a	123052
facility with a date of licensure on or after May 27, 1992, that	123053
was not initially operated under a lease and has been in existence	123054
for ten years, actual, allowable capital costs shall include the	123055
lesser of the annual lease expense or the annual depreciation	123056
expense and imputed interest expense that would be calculated at	123057
the inception of the lease using the entire historical capital	123058
asset cost basis of one-half of the change in the consumer price	123059
index for all items for all urban consumers, as published by the	123060
United States bureau of labor statistics, during the time the	123061
lessor held each asset until the beginning of the lease.	123062

(5) Subject to division (B) of this section, for a new lease	123063
of a facility that was operated under a lease on May 27, 1992,	123064
actual, allowable capital costs shall include the lesser of the	123065
annual new lease expense or the annual old lease payment. If the	123066
old lease was in effect for ten years or longer, the old lease	123067
payment from the beginning of the old lease shall be adjusted by	123068
one-half of the change in the consumer price index for all items	123069
for all urban consumers, as published by the United States bureau	123070
of labor statistics, from the beginning of the old lease to the	123071
beginning of the new lease.	123072

(6) Subject to division (B) of this section, for a new lease	123073
of a facility that was not in existence or that was in existence	123074
but not operated under a lease on May 27, 1992, actual, allowable	123075
capital costs shall include the lesser of annual new lease expense	123076
or the annual amount calculated for the old lease under division	123077
(G)(2), (3), (4), or (6) of this section, as applicable. If the	123078
old lease was in effect for ten years or longer, the lessor's	123079
historical capital asset cost basis shall be, for purposes of	123080
calculating the annual amount under division (G)(2), (3), (4), or	123081
(6) of this section, adjusted by one-half of the change in the	123082
consumer price index for all items for all urban consumers, as	123083
published by the United States bureau of labor statistics, from	123084
the beginning of the old lease to the beginning of the new lease.	123085

In the case of a lease under division (G)(3) of this section	123086
of a facility for which a substantial commitment of money was made	123087
after December 22, 1992, and before July 1, 1993, the old lease	123088
payment shall be adjusted for the purpose of determining the	123089
annual amount.	123090

(7) For any revision of a lease described in division (G)(1),	123091
(2), (3), (4), (5), or (6) of this section, or for any subsequent	123092
lease of a facility operated under such a lease, other than	123093
execution of a new lease, the portion of actual, allowable capital	123094
costs attributable to the lease shall be the same as before the	123095
revision or subsequent lease.	123096

(8) Except as provided in division (G)(9) of this section, if	123097
a provider leases an interest in a facility to another provider	123098
who is a related party or previously operated the facility, the	123099
related party's or previous operator's actual, allowable capital	123100
costs shall include the lesser of the annual lease expense or the	123101
reasonable cost to the lessor.	123102

(9) If a provider leases an interest in a facility to another	123103
provider who is a related party, regardless of the date of the	123104
lease, the related party's actual, allowable capital costs shall	123105
include the annual lease expense, subject to the limitations	123106
specified in divisions (G)(1) to (7) of this section, if all of	123107
the following conditions are met:	123108

(a) The related party is a relative of owner;

123109

(b) If the lessor retains an ownership interest, it is,	123110
except as provided in division (G)(9)(c)(ii) of this section, in	123111
only the real property and any improvements on the real property;	123112

(c) The department ~~of job and family services~~ determines that	123113
the lease is an arm's length transaction pursuant to rules adopted	123114
under section ~~5111.02~~5165.02 of the Revised Code. The rules shall	123115
provide that a lease is an arm's length transaction if all of the	123116
following apply:	123117

(i) Once the lease goes into effect, the lessor has no direct	123118
or indirect interest in the lessee or, except as provided in	123119
division (G)(9)(b) of this section, the facility itself, including	123120
interest as an owner, officer, director, employee, independent	123121
contractor, or consultant, but excluding interest as a lessor.	123122

(ii) The lessor does not reacquire an interest in the	123123
facility except through the exercise of a lessor's rights in the	123124
event of a default. If the lessor reacquires an interest in the	123125
facility in this manner, the department shall treat the facility	123126
as if the lease never occurred when the department calculates its	123127
reimbursement rates for capital costs.	123128

(iii) The lease satisfies any other criteria specified in the	123129
rules.	123130

(d) Except in the case of hardship caused by a catastrophic	123131
event, as determined by the department, or in the case of a lessor	123132
who is at least sixty-five years of age, not less than twenty	123133
years have elapsed since, for the same facility, the capital cost	123134
basis was adjusted most recently under division (F)(4) of this	123135
section or actual, allowable capital costs were determined most	123136
recently under division (G)(9) of this section.	123137

(10) This division does not apply to leases of specific items	123138
of equipment.	123139

~~Sec. 5111.231.~~ Sec. 5165.19. (A) As used in this section:

123140

(1) "Applicable calendar year" means the following:

123141

(a) For the purpose of the department of ~~job and family~~	123142
~~services'~~medicaid's initial determination under division (D) of	123143
this section of each peer group's cost per case-mix unit, calendar	123144
year 2003;	123145

(b) For the purpose of the department's rebasings, the	123146
calendar year the department selects.	123147

(2) "Rebasing" means a redetermination under division (D) of	123148
this section of each peer ~~groups'~~group's cost per case-mix unit	123149
using information from cost reports for an applicable calendar	123150
year that is later than the applicable calendar year used for the	123151
previous determination of such costs.	123152

(B) ~~The~~Semiannually, the department of ~~job and family~~	123153
~~services~~medicaid shall ~~pay a provider for~~determine each ~~of the~~	123154
~~provider's eligible~~ nursing ~~facilities a~~facility's per ~~resident~~	123155
~~per~~medicaid day payment rate for direct care costs ~~determined~~	123156
~~semiannually~~ by multiplying ~~the cost per case-mix unit determined~~	123157
~~under division (D) of this section for the facility's peer group~~	123158
by the facility's semiannual case-mix score determined under	123159
section ~~5111.232~~5165.192 of the Revised Code by the cost per	123160
case-mix unit determined under division (D) of this section for	123161
the facility's peer group. However, for the period beginning	123162
October 1, 2013, and ending on the first day of the first	123163
rebasing, the rate for a nursing facility located in Mahoning or	123164
Stark county shall be determined semiannually by multiplying the	123165
facility's semiannual case-mix score determined under section	123166
5165.192 of the Revised Code by the cost per case-mix unit	123167
determined under division (D) of this section for the nursing	123168
facilities in peer group two.	123169

(C) For the purpose of determining nursing facilities' ~~rate~~	123170
rates for direct care costs, the department shall establish three	123171
peer groups.	123172

~~Each~~(1) Until the first rebasing occurs, the peer groups	123173
shall be composed as follows:	123174

(a) Each nursing facility located in any of the following	123175
counties shall be placed in peer group one: Brown, Butler,	123176
Clermont, Clinton, Hamilton, and Warren.	123177

(b) Each nursing facility located in any of the following	123178
counties shall be placed in peer group two: Ashtabula, Champaign,	123179
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,	123180
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,	123181
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,	123182
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,	123183
and Wood.	123184

(c) Each nursing facility located in any of the following	123185
counties shall be placed in peer group three: Adams, Allen,	123186
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	123187
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	123188
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	123189
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	123190
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	123191
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	123192
Washington, Wayne, Williams, and Wyandot.	123193

(2) Beginning with the first rebasing, the peer groups shall	123194
be composed as they are under division (C)(1) of this section	123195
except that each nursing facility located in Mahoning or Stark	123196
county shall be placed in peer group two rather than peer group	123197
three.	123198

(D)(1) The department shall determine a cost per case-mix	123199
unit for each peer group established under division (C) of this	123200
section. The department is not required to conduct a rebasing more	123201
than once every ten years. Except as necessary to implement the	123202
amendments made to this section by Am. Sub. H.B. 153 and Sub. H.B.	123203
303, both of the 129th general assembly, and H.B. 59 of the 130th	123204
general assembly, the cost per case-mix unit determined under this	123205
division for a peer group shall be used for subsequent years until	123206
the department conducts a rebasing. To determine a peer group's	123207
cost per case-mix unit, the department shall do all of the	123208
following:	123209

(a) Determine the cost per case-mix unit for each nursing	123210
facility in the peer group for the applicable calendar year by	123211
dividing each facility's desk-reviewed, actual, allowable, per	123212
diem direct care costs for the applicable calendar year by the	123213
facility's annual average case-mix score determined under section	123214
~~5111.232~~5165.192 of the Revised Code for the applicable calendar	123215
year;	123216

(b) Subject to division (D)(2) of this section, identify	123217
which nursing facility in the peer group is at the twenty-fifth	123218
percentile of the cost per case-mix units determined under	123219
division (D)(1)(a) of this section;	123220

(c) Calculate the amount that is two per cent above the cost	123221
per case-mix unit determined under division (D)(1)(a) of this	123222
section for the nursing facility identified under division	123223
(D)(1)(b) of this section;	123224

(d) Using the index specified in division (D)(3) of this	123225
section, multiply the rate of inflation for the eighteen-month	123226
period beginning on the first day of July of the applicable	123227
calendar year and ending the last day of December of the calendar	123228
year immediately following the applicable calendar year by the	123229
amount calculated under division (D)(1)(c) of this section;	123230

(e) Add the following to the amount calculated under division	123231
(D)(1)(d) of this section:	123232

(i) Until the earlier of January 1, 2014, or when the first	123233
rebasing occurs, ~~add~~ one dollar and eighty-eight cents ~~to the~~	123234
~~amount calculated under division (D)(1)(d) of this section~~;	123235

(ii) Unless the first rebasing occurs before January 1, 2014,	123236
beginning January 1, 2014, and until the first rebasing occurs,	123237
eighty-six cents.	123238

(f) Until the first rebasing occurs, increase the amount	123239
calculated under division (D)(1)(e) of this section by five and	123240
eight hundredths per cent.	123241

(2) In making the identification under division (D)(1)(b) of	123242
this section, the department shall exclude both of the following:	123243

(a) Nursing facilities that participated in the medicaid	123244
program under the same provider for less than twelve months in the	123245
applicable calendar year;	123246

(b) Nursing facilities whose cost per case-mix unit is more	123247
than one standard deviation from the mean cost per case-mix unit	123248
for all nursing facilities in the nursing facility's peer group	123249
for the applicable calendar year.	123250

(3) The following index shall be used for the purpose of the	123251
calculation made under division (D)(1)(d) of this section:	123252

(a) Until the first rebasing occurs, the employment cost	123253
index for total compensation, health services component, published	123254
by the United States bureau of labor statistics, as the index	123255
existed on July 1, 2005;	123256

(b) Effective with the first rebasing and except as provided	123257
in division (D)(3)(c) of this section, the employment cost index	123258
for total compensation, nursing and residential care facilities	123259
occupational group, published by the United States bureau of labor	123260
statistics;	123261

(c) If the United States bureau of labor statistics ceases to	123262
publish the index specified in division (D)(3)(b) of this section,	123263
the index the bureau subsequently publishes that covers nursing	123264
facilities' staff costs.	123265

(4) The department shall not redetermine a peer group's cost	123266
per case-mix unit under this division based on additional	123267
information that it receives after the peer group's per case-mix	123268
unit is determined. The department shall redetermine a peer	123269
group's cost per case-mix unit only if it made an error in	123270
determining the peer group's cost per case-mix unit based on	123271
information available to the department at the time of the	123272
original determination.	123273

Sec. 5165.191. Each calendar quarter, each nursing facility	123274
provider shall compile complete assessment data for each resident	123275
of each of the provider's nursing facilities, regardless of	123276
payment source, who is in the nursing facility, or on hospital or	123277
therapeutic leave from the nursing facility, on the last day of	123278
the quarter. A resident assessment instrument specified in rules	123279
authorized by this section shall be used to compile the resident	123280
assessment data. Each provider shall submit the resident	123281
assessment data to the department of health and, if required by	123282
the rules, the department of medicaid. The resident assessment	123283
data shall be submitted not later than fifteen days after the end	123284
of the calendar quarter for which the data is compiled. If the	123285
resident assessment data is to be submitted to the department of	123286
medicaid, it shall be submitted to the department through the	123287
medium or media specified in the rules.	123288

Rules adopted under section 5165.02 of the Revised Code shall	123289
do all of the following:	123290

(A) In a manner consistent with the "Social Security Act,"	123291
section 1919(e)(5), 42 U.S.C. 1396r(e)(5), specify a resident	123292
assessment instrument to be used by nursing facility providers	123293
under this section;	123294

(B) Specify whether nursing facility providers must submit	123295
the resident assessment data to the department of medicaid;	123296

(C) If the rules specify that nursing facility providers must	123297
submit the resident assessment data to the department, specify the	123298
medium or media through which the data is to be submitted.	123299

~~Sec. 5111.232.~~ Sec. 5165.192. (A)(1) ~~The~~Except as provided in	123300
division (B) of this section and in accordance with the process	123301
specified in rules authorized by this section, the department of	123302
~~job and family services~~medicaid shall do all of the following:	123303

(a) Every quarter, determine the following two case-mix	123304
scores for each nursing facility:	123305

(i) A quarterly case-mix score that includes each resident	123306
who is a medicaid recipient and is not a low resource utilization	123307
resident;	123308

(ii) A quarterly case-mix score that includes each resident	123309
regardless of payment source.	123310

(b) Every six months, determine a semiannual ~~and annual~~	123311
average case-mix ~~scores~~score for each nursing ~~facilities~~facility	123312
by using ~~all of~~ the ~~following:~~quarterly case-mix scores	123313
determined for the nursing facility pursuant to division	123314
(A)(1)(a)(i) of this section;	123315

(c) After the end of each calendar year, determine an annual	123316
average case-mix score for each nursing facility by using the	123317
quarterly case-mix scores determined for the nursing facility	123318
pursuant to division (A)(1)(a)(ii) of this section.	123319

(2) When determining case-mix scores under division (A)(1) of	123320
this section, the department shall use all of the following:	123321

(a) Data from a resident assessment instrument specified in	123322
rules ~~adopted under~~authorized by section ~~5111.02~~5165.191 of the	123323
Revised Code ~~pursuant to section 1919(e)(5) of the "Social~~	123324
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r(e)(5), as~~	123325
~~amended, for the following residents:~~	123326

~~(i) When determining semiannual case-mix scores for fiscal~~	123327
~~year 2012, each resident who is a medicaid recipient~~;	123328

~~(ii) When determining semiannual case-mix scores for fiscal~~	123329
~~year 2013 and thereafter, each resident who is a medicaid~~	123330
~~recipient and not placed in either of the two lowest resource~~	123331
~~utilization groups, excluding any resource utilization group that~~	123332
~~is a default group used for residents with incomplete assessment~~	123333
~~data;~~	123334

~~(iii) When determining annual average case-mix scores, each~~	123335
~~resident regardless of payment source.~~	123336

(b) Except as provided in rules authorized by ~~divisions~~	123337
~~(A)(2)(a) and (b) of~~ this section, the case-mix values established	123338
by the United States department of health and human services;	123339

(c) Except as modified in rules authorized by ~~division~~	123340
~~(A)(2)(c) of~~ this section, the grouper methodology used on June	123341
30, 1999, by the United States department of health and human	123342
services for prospective payment of skilled nursing facilities	123343
under the medicare program ~~established by Title XVIII~~.	123344

~~(2) The director of job and family services may adopt rules~~	123345
~~under section 5111.02 of the Revised Code that do any of the~~	123346
~~following:~~	123347

~~(a) Adjust the case-mix values specified in division~~	123348
~~(A)(1)(b) of this section to reflect changes in relative wage~~	123349
~~differentials that are specific to this state;~~	123350

~~(b) Express all of those case-mix values in numeric terms~~	123351
~~that are different from the terms specified by the United States~~	123352
~~department of health and human services but that do not alter the~~	123353
~~relationship of the case-mix values to one another;~~	123354

~~(c) Modify the grouper methodology specified in division~~	123355
~~(A)(1)(c) of this section as follows:~~	123356

~~(i) Establish a different hierarchy for assigning residents~~	123357
~~to case-mix categories under the methodology;~~	123358

~~(ii) Prohibit the use of the index maximizer element of the~~	123359
~~methodology;~~	123360

~~(iii) Incorporate changes to the methodology the United~~	123361
~~States department of health and human services makes after June~~	123362
~~30, 1999;~~	123363

~~(iv) Make other changes the department determines are~~	123364
~~necessary.~~	123365

(B) ~~The department shall determine case-mix scores for~~	123366
~~intermediate care facilities for the mentally retarded using data~~	123367
~~for each resident, regardless of payment source, from a resident~~	123368
~~assessment instrument and grouper methodology prescribed in rules~~	123369
~~adopted under section 5111.02 of the Revised Code and expressed in~~	123370
~~case-mix values established by the department in those rules.~~	123371

~~(C) Each calendar quarter, each provider shall compile~~	123372
~~complete assessment data, from the resident assessment instrument~~	123373
~~specified in rules authorized by division (A) or (B) of this~~	123374
~~section, for each resident of each of the provider's facilities,~~	123375
~~regardless of payment source, who was in the facility or on~~	123376
~~hospital or therapeutic leave from the facility on the last day of~~	123377
~~the quarter. Providers of a nursing facility shall submit the data~~	123378
~~to the department of health and, if required by rules, the~~	123379
~~department of job and family services.~~ ~~Providers of an~~	123380
~~intermediate care facility for the mentally retarded shall submit~~	123381
~~the data to the department of job and family services.~~ The data	123382
shall be submitted not later than fifteen days after the end of	123383
the calendar quarter for which the data is compiled.	123384

~~Except as provided in division (D) of this section, the~~	123385
~~department~~, every six months and after the end of each calendar	123386
year, shall calculate a semiannual and annual average case-mix	123387
score for each nursing facility using the facility's quarterly	123388
case-mix scores for that six-month period or calendar year. ~~Also~~	123389
~~except as provided in division (D) of this section, the~~	123390
~~department, after the end of each calendar year, shall calculate~~	123391
~~an annual average case-mix score for each intermediate care~~	123392
~~facility for the mentally retarded using the facility's quarterly~~	123393
~~case-mix scores for that calendar year.~~ The department shall make	123394
the calculations pursuant to procedures specified in rules adopted	123395
under section 5111.02 of the Revised Code.	123396

~~(D)~~(1) ~~If a~~Subject to division (B)(2) of this section, the	123397
department, for one or more months of a calendar quarter, may	123398
assign to a nursing facility a case-mix score that is five per	123399
cent less than the nursing facility's case-mix score for the	123400
immediately preceding calendar quarter if any of the following	123401
apply:	123402

(a) The provider does not timely submit ~~information~~complete	123403
and accurate resident assessment data necessary to determine the	123404
nursing facility's case-mix score for athe calendar quarter	123405
~~necessary to calculate a facility's case-mix score, or submits~~	123406
~~incomplete or inaccurate information for a calendar quarter, the~~	123407
~~department may assign the facility a quarterly average case-mix~~	123408
~~score that is five per cent less than the facility's quarterly~~	123409
~~average case-mix score for the preceding calendar quarter. If the~~;	123410

(b) The nursing facility was subject to an exception review	123411
under ~~division (C) of~~ section ~~5111.27~~5165.193 of the Revised Code	123412
for the immediately preceding calendar quarter~~, the department may~~	123413
~~assign a quarterly average case-mix score that is five per cent~~	123414
~~less than the score determined by the exception review. If the~~;	123415

(c) The nursing facility was assigned a ~~quarterly average~~	123416
case-mix score for the immediately preceding calendar quarter~~, the~~	123417
~~department may assign a quarterly average case-mix score that is~~	123418
~~five per cent less than that score assigned for the preceding~~	123419
~~quarter~~.	123420

~~The department may use a quarterly average case-mix score~~	123421
~~assigned under division (D)(1) of this section, instead of a~~	123422
~~quarterly average case-mix score calculated based on the~~	123423
~~provider's submitted information, to calculate the facility's rate~~	123424
~~for direct care costs being established under section~~ ~~5111.23 or~~	123425
5111.231 of the Revised Code for one or more months, as specified	123426
in rules authorized by division (E) of this section, of the	123427
quarter for which the rate established under section ~~5111.23 or~~	123428
5111.231 of the Revised Code will be paid.	123429

(2) Before ~~taking action under division (D)(1) of this~~	123430
~~section~~assigning a case-mix score to a nursing facility due to	123431
the submission of incorrect resident assessment data, the	123432
department shall permit the provider ~~a reasonable period of time,~~	123433
~~specified in rules authorized by division (E) of this section,~~ to	123434
correct the ~~information~~data. ~~In the case of an intermediate care~~	123435
~~facility for the mentally retarded, the department shall not~~	123436
~~assign a quarterly average case-mix score due to late submission~~	123437
~~of corrections to assessment information unless the provider fails~~	123438
~~to submit corrected information prior to the eighty-first day~~	123439
~~after the end of the calendar quarter to which the information~~	123440
~~pertains. In the case of a nursing facility, the~~The department	123441
~~shall not~~may assign ~~a quarterly average~~the case-mix score ~~due to~~	123442
~~late submission of corrections to assessment information unless~~if	123443
the provider fails to submit the corrected ~~information prior to~~	123444
resident assessment data not later than the earlier of the	123445
~~forty-sixth~~forty-fifth day after the end of the calendar quarter	123446
to which the ~~information~~data pertains or the deadline for	123447
submission of such corrections established by regulations adopted	123448
by the United States department of health and human services under	123449
~~Titles~~Title XVIII and Title XIX.	123450

~~(2)~~(3) If, for more than six months in a calendar year, a	123451
provider is paid a rate determined for a nursing facility	123452
~~calculated~~ using a ~~quarterly average~~ case-mix score assigned to	123453
the nursing facility under division ~~(D)~~(B)(1) of this section ~~for~~	123454
~~more than six months in a calendar year~~, the department may assign	123455
the nursing facility a cost per case-mix unit that is five per	123456
cent less than the nursing facility's actual or assigned cost per	123457
case-mix unit for the immediately preceding calendar year. The	123458
department may use the assigned cost per case-mix unit, instead of	123459
~~calculating~~determining the nursing facility's actual cost per	123460
case-mix unit in accordance with section ~~5111.23 or 5111.231~~	123461
5165.19 of the Revised Code, to establish the nursing facility's	123462
rate for direct care costs for the ~~following~~ fiscal year	123463
immediately following the calendar year for which the cost per	123464
case-mix unit is assigned.	123465

~~(3)~~(4) The department shall take action under division	123466
~~(D)~~(B)(1) or, (2), or (3) of this section only in accordance with	123467
rules authorized by ~~division (E) of~~ this section. The department	123468
shall not take an action that affects rates for prior payment	123469
periods except in accordance with sections ~~5111.27~~5165.41 and	123470
~~5111.28~~5165.42 of the Revised Code.	123471

~~(E)~~(C) The medicaid director shall adopt rules under section	123472
~~5111.02~~5165.02 of the Revised Code ~~that~~as necessary to implement	123473
this section.	123474

(1) The rules shall do all of the following:

123475

~~(1) Specify whether providers of a nursing facility must~~	123476
~~submit the assessment data to the department of job and family~~	123477
~~services;~~	123478

~~(2) Specify the medium or media through which the completed~~	123479
~~assessment data shall be submitted;~~	123480

~~(3)~~(a) Specify the process for determining the semiannual and	123481
annual average case-mix scores for nursing facilities;	123482

(b) Adjust the case-mix values specified in division	123483
(A)(2)(b) of this section to reflect changes in relative wage	123484
differentials that are specific to this state;	123485

(c) Express all of those case-mix values in numeric terms	123486
that are different from the terms specified by the United States	123487
department of health and human services but that do not alter the	123488
relationship of the case-mix values to one another;	123489

(d) Modify the grouper methodology specified in division	123490
(A)(2)(c) of this section as follows:	123491

(i) Establish a different hierarchy for assigning residents	123492
to case-mix categories under the methodology;	123493

(ii) Prohibit the use of the index maximizer element of the	123494
methodology;	123495

(iii) Incorporate changes to the methodology the United	123496
States department of health and human services makes after June	123497
30, 1999;	123498

(iv) Make other changes the department determines are	123499
necessary.	123500

(e) Establish procedures under which ~~the~~resident assessment	123501
data shall be reviewed for accuracy and providers shall be	123502
notified of any data that requires correction;	123503

~~(4)~~(f) Establish procedures for providers to correct resident	123504
assessment data and specify a reasonable period of time by which	123505
providers shall submit the corrections. The procedures may limit	123506
the content of corrections ~~by providers of nursing facilities~~ in	123507
the manner required by regulations adopted by the United States	123508
department of health and human services under ~~Titles~~Title XVIII	123509
and Title XIX.	123510

~~(5)~~(g) Specify when and how the department will assign	123511
case-mix scores or costs per case-mix unit to a nursing facility	123512
under division ~~(D)~~(B) of this section if information necessary to	123513
calculate the nursing facility's case-mix score is not provided or	123514
corrected in accordance with the procedures established by the	123515
rules. ~~Notwithstanding~~	123516

(2) Notwithstanding any other provision of ~~sections 5111.20~~	123517
~~to 5111.331 of the Revised Code~~this chapter, the rules ~~also~~ may	123518
provide for the ~~following:~~	123519

~~(a) Exclusion of case-mix scores assigned under division (D)~~	123520
~~of this section from calculation of an intermediate care facility~~	123521
~~for the mentally retarded's annual average case-mix score and the~~	123522
~~maximum cost per case-mix unit for the facility's peer group;~~	123523

~~(b) Exclusion~~exclusion of case-mix scores assigned to a	123524
nursing facility under division ~~(D)~~(B) of this section from	123525
~~calculation~~the determination of athe nursing facility's	123526
semiannual or annual average case-mix score and the cost per	123527
case-mix unit for the nursing facility's peer group.	123528

Sec. 5165.193. (A) The department of medicaid may, pursuant	123529
to rules authorized by this section, conduct an exception review	123530
of resident assessment data submitted by a nursing facility	123531
provider under section 5165.191 of the Revised Code. The	123532
department may conduct an exception review based on the findings	123533
of a medicaid certification survey conducted by the department of	123534
health, a risk analysis, or prior performance of the provider.	123535

Exception reviews shall be conducted at the nursing facility	123536
by appropriate health professionals under contract with or	123537
employed by the department. The professionals may review resident	123538
assessment forms and supporting documentation, conduct interviews,	123539
and observe residents to identify any patterns or trends of	123540
inaccurate resident assessments and resulting inaccurate case-mix	123541
scores.	123542

(B) If an exception review is conducted before the effective	123543
date of a nursing facility's rate for direct care costs that is	123544
based on the resident assessment data being reviewed and the	123545
review results in findings that exceed tolerance levels specified	123546
in the rules authorized by this section, the department, in	123547
accordance with those rules, may use the findings to redetermine	123548
individual resident case-mix scores, the nursing facility's	123549
case-mix score for the quarter, and the nursing facility's annual	123550
average case-mix score. The department may use the nursing	123551
facility's redetermined quarterly and annual average case-mix	123552
scores to determine the nursing facility's rate for direct care	123553
costs for the appropriate calendar quarter or quarters.	123554

(C) The department shall prepare a written summary of any	123555
exception review finding that is made after the effective date of	123556
a nursing facility's rate for direct care costs that is based on	123557
the resident assessment data that was reviewed. Where the provider	123558
is pursuing judicial or administrative remedies in good faith	123559
regarding the finding, the department shall not withhold from the	123560
provider's current payments any amounts the department claims to	123561
be due from the provider pursuant to section 5165.41 of the	123562
Revised Code.	123563

(D)(1) The medicaid director shall adopt rules under section	123564
5165.02 of the Revised Code as necessary to implement this	123565
section. The rules shall establish an exception review program	123566
that does all of the following:	123567

(a) Requires each exception review to comply with Title XVIII	123568
and Title XIX;	123569

(b) Requires a written summary for each exception review that	123570
states whether resident assessment forms have been completed	123571
accurately;	123572

(c) Prohibits each health professional who conducts an	123573
exception review from doing either of the following:	123574

(i) During the period of the professional's contract or	123575
employment with the department, having or being committed to	123576
acquire any direct or indirect financial interest in the	123577
ownership, financing, or operation of nursing facilities in this	123578
state;	123579

(ii) Reviewing any provider that has been a client of the	123580
professional.	123581

(2) For the purposes of division (D)(1)(c)(i) of this	123582
section, employment of a member of a health professional's family	123583
by a nursing facility that the professional does not review does	123584
not constitute a direct or indirect financial interest in the	123585
ownership, financing, or operation of the nursing facility.	123586

~~Sec. 5111.242.~~ Sec. 5165.21. (A) As used in this section:

123587

(1) "Applicable calendar year" means the following:

123588

(a) For the purpose of the department of ~~job and family~~	123589
~~services'~~medicaid's initial determination under this section of	123590
nursing facilities' rate for tax costs, calendar year 2003;	123591

(b) For the purpose of the department's rebasings, the	123592
calendar year the department selects.	123593

(2) "Rebasing" means a redetermination under division ~~(C)~~(B)	123594
of this section of each nursing facility's rate for tax costs	123595
using information from cost reports for an applicable calendar	123596
year that is later than the applicable calendar year used for the	123597
previous determination of such rates.	123598

(B) ~~The department of job and family services shall pay a~~	123599
~~provider for each of the provider's eligible nursing facilities a~~	123600
~~per resident per day rate for tax costs determined under division~~	123601
~~(C) of this section.~~	123602

~~(C)~~ The department of medicaid shall determine ~~the~~each	123603
nursing facility's per medicaid day payment rate for tax costs ~~for~~	123604
~~each nursing facility~~. The department is not required to conduct a	123605
rebasing more than once every ten years. Except as necessary to	123606
implement the amendments made to this section by Sub. H.B. 303 of	123607
the 129th general assembly, the rate for tax costs determined	123608
under this division for a nursing facility shall be used for	123609
subsequent years until the department conducts a rebasing. To	123610
determine a nursing facility's rate for tax costs and except as	123611
provided in division ~~(D)~~(C) of this section, the department shall	123612
do both of the following:	123613

(1) Divide the nursing facility's desk-reviewed, actual,	123614
allowable tax costs paid for the applicable calendar year by the	123615
number of inpatient days the nursing facility would have had if	123616
its occupancy rate had been one hundred per cent during the	123617
applicable calendar year;	123618

(2) Until the first rebasing occurs, increase the amount	123619
calculated under division ~~(C)~~(B)(1) of this section by five and	123620
eight hundredths per cent.	123621

~~(D)~~(C) If a nursing facility had a credit regarding its real	123622
estate taxes reflected on its cost report for calendar year 2003,	123623
the department shall determine, as follows, its rate for tax costs	123624
for the period beginning on July 1, 2010, and ending on the first	123625
day of the fiscal year for which the department first conducts a	123626
rebasing:	123627

(1) Divide the nursing facility's desk-reviewed, actual,	123628
allowable tax costs paid for calendar year 2004 by the number of	123629
inpatient days the nursing facility would have had if its	123630
occupancy rate had been one hundred per cent during calendar year	123631
2004;	123632

(2) Until the first rebasing occurs, increase the amount	123633
calculated under division ~~(D)~~(C)(1) of this section by five and	123634
eight hundredths per cent.	123635

~~Sec. 5111.246.~~ Sec. 5165.23. (A) Each fiscal year, the department	123636
of ~~job and family services~~medicaid shall ~~pay a~~determine the	123637
critical access incentive payment ~~to the provider of~~for each	123638
nursing facility that qualifies as a critical access nursing	123639
facility. To qualify as a critical access nursing facility for a	123640
fiscal year, a nursing facility must meet all of the following	123641
requirements:	123642

(1) The nursing facility must be located in an area that, on	123643
December 31, 2011, was designated an empowerment zone under	123644
~~section 1391 of~~ the "Internal Revenue Code of 1986," ~~107 Stat. 543~~	123645
section 1391, 26 U.S.C. 1391~~, as amended~~.	123646

(2) The nursing facility must have an occupancy rate of at	123647
least eighty-five per cent as of the last day of the calendar year	123648
immediately preceding the fiscal year.	123649

(3) The nursing facility must have a medicaid utilization	123650
rate of at least sixty-five per cent as of the last day of the	123651
calendar year immediately preceding the fiscal year.	123652

(4) The nursing facility must have been awarded at least five	123653
points for meeting accountability measures under section 5165.25	123654
of the Revised Code for the fiscal year and at least one of the	123655
five points must have been awarded for meeting the following:	123656

(a) For fiscal year 2014, the accountability measures	123657
identified in divisions (C)(10), (11), (12), and (13) of section	123658
5165.25 of the Revised Code;	123659

(b) For fiscal year 2015 and each fiscal year thereafter, the	123660
accountability measures identified in divisions (D)(9), (10),	123661
(11), (12), and (14) of section 5165.25 of the Revised Code.	123662

(B) A critical access nursing facility's critical access	123663
incentive payment for a fiscal year shall equal five per cent of	123664
the portion of the nursing facility's total rate for the fiscal	123665
year that is the sum of the rates and payment identified in	123666
divisions ~~(B)~~(A)(1) to (4) and (6) of section ~~5111.222~~5165.15 of	123667
the Revised Code.	123668

~~Sec. 5111.244.~~ Sec. 5165.25. (A) As used in this section:

123669

(1) ~~"Applicable percentage" means, for the accountability~~	123670
~~measures identified in divisions (C)(10) to (13) of this section,~~	123671
~~the following:~~	123672

~~(a) For fiscal year 2013, whichever of the following applies:~~

123673

~~(i) The percentage that the department of job and family~~	123674
~~services specifies for an accountability measure pursuant to~~	123675
~~division (E)(1)(b) or (E)(2)(a)(ii) of this section;~~	123676

~~(ii) The percentage specified for an accountability measure~~	123677
~~in division (E)(2)(b), (ii), (iii), (iv), or (v) of this section.~~	123678

~~(b) For fiscal year 2014, whichever of the following applies:~~

123679

~~(i) The percentage used pursuant to division (F)(2) of this~~	123680
~~section;~~	123681

~~(ii) The percentage that the department specifies for an~~	123682
~~accountability measure pursuant to division (F)(3)(a) of this~~	123683
~~section.~~	123684

~~(c) For fiscal year 2015 and thereafter, whichever of the~~	123685
~~following applies:~~	123686

~~(i) The percentage used pursuant to division (F)(2) of this~~	123687
~~section;~~	123688

~~(ii) The percentage used pursuant to division (F)(3)(b) of~~	123689
~~this section.~~	123690

~~(2)~~ "Complaint surveys" has the same meaning as in 42 C.F.R.	123691
488.30.	123692

~~(3)~~(2) "Customer satisfaction survey" means the annual survey	123693
of long-term care facilities required by section 173.47 of the	123694
Revised Code.	123695

~~(4)~~(3) "Deficiency" has the same meaning as in 42 C.F.R.	123696
488.301.	123697

(4) "Exempted hospital discharge" has the same meaning as in	123698
42 C.F.R. 483.106(b)(2)(i).	123699

(5) "Family satisfaction survey" means a customer	123700
satisfaction survey, or part of a customer satisfaction survey,	123701
that contains the results of information obtained from the	123702
families of a nursing facility's residents.	123703

(6) "Minimum data set" means the standardized, uniform	123704
comprehensive assessment of nursing facility residents that is	123705
used to identify potential problems, strengths, and preferences of	123706
residents and is part of the resident assessment instrument	123707
required by ~~section 1919(e)(5) of~~ the "Social Security Act," ~~101~~	123708
~~Stat. 1330-197 (1987)~~section 1919(e)(5), 42 U.S.C. 1396r(e)(5),	123709
~~as amended~~.	123710

(7) ~~"National voluntary consensus standards for nursing~~	123711
~~homes" means measures used to determine the quality of care~~	123712
~~provided by nursing facilities as endorsed by the national quality~~	123713
~~forum.~~	123714

~~(8)~~ "Nurse aide" has the same meaning as in section 3721.21	123715
of the Revised Code.	123716

~~(9)~~(8) "Resident satisfaction survey" means a customer	123717
satisfaction survey, or part of a customer satisfaction survey,	123718
that contains the results of information obtained from a nursing	123719
facility's residents.	123720

~~(10)~~(9) "Room mirror" means a mirror that is located in	123721
either of the following rooms:	123722

(a) A resident bathroom if the sink used by a resident after	123723
the resident uses the resident bathroom is in the resident	123724
bathroom;	123725

(b) A resident's room if the sink used by a resident after	123726
the resident uses the resident bathroom is in the resident's room.	123727

~~(11)~~(10) "Room sink" means a sink that is located in either	123728
of the following rooms:	123729

(a) A resident bathroom if the sink used by a resident after	123730
the resident uses the resident bathroom is in the resident	123731
bathroom;	123732

(b) A resident's room if the sink used by a resident after	123733
the resident uses the resident bathroom is in the resident's room.	123734

~~(12)~~(11) "Standard survey" has the same meaning as in 42	123735
C.F.R. 488.301.	123736

(12) "Special focus facility list" means the list of nursing	123737
facilities that the United States department of health and human	123738
services creates under the special focus facility program required	123739
by the "Social Security Act," section 1919(f)(10), 42 U.S.C.	123740
1396r(f)(10).	123741

(13) "Substantial wall" means a permanent structure that	123742
reaches from floor to ceiling and divides a semiprivate room into	123743
two distinct living spaces, each with its own window.	123744

(14) "Table B of the special focus facility list" means the	123745
table included in the special focus facility list that identifies	123746
nursing facilities that have not improved.	123747

(B)(1) Each fiscal year, the department of ~~job and family~~	123748
~~services~~medicaid shall ~~pay a~~determine each nursing facility's	123749
quality incentive payment ~~to the provider of each nursing facility~~	123750
~~that is awarded one or more points for meeting accountability~~	123751
~~measures under division (C) of this section~~. Subject to ~~division~~	123752
divisions (B)(2) and (3) of this section, the per medicaid day	123753
amount of a quality incentive payment paid to a nursing facility	123754
provider shall be the product of the following:	123755

(a) The number of points the provider's nursing facility is	123756
awarded for meeting accountability measures under ~~division (C) of~~	123757
this section;	123758

(b) Three dollars and twenty-nine cents.

123759

(2) The maximum quality incentive payment that may be paid to	123760
~~the provider of~~ a nursing facility provider for a fiscal year 2014	123761
shall be sixteen dollars and forty-four cents per medicaid day.	123762

(3) The maximum quality incentive payment that may be paid to	123763
a nursing facility provider for fiscal year 2015 and each fiscal	123764
year thereafter shall be the following:	123765

(a) Sixteen dollars and forty-four cents if at least one of	123766
the points awarded to the nursing facility for meeting	123767
accountability measures is for an accountability measure	123768
identified in division (D)(9), (10), (11), (12), or (14) of this	123769
section;	123770

(b) Thirteen dollars and sixteen cents if division (B)(3)(a)	123771
of this section does not apply.	123772

(C) ~~Subject~~For fiscal year 2014 only and subject to	123773
~~divisions (D),~~division (E)~~, and (F)~~ of this section, the	123774
department shall award each nursing facility participating in the	123775
medicaid program one point for each of the following	123776
accountability measures the facility meets:	123777

(1) The facility's overall score on its resident satisfaction	123778
survey is at least eighty-six.	123779

(2) The facility's overall score on its family satisfaction	123780
survey is at least eighty-eight.	123781

(3) The facility satisfies the requirements for participation	123782
in the advancing excellence in America's nursing homes campaign.	123783

(4) The facility had neither of the following on the	123784
facility's most recent standard survey conducted not later than	123785
the last day of the calendar year immediately preceding the fiscal	123786
year for which the point is to be awarded or any complaint surveys	123787
conducted in the calendar year immediately preceding the fiscal	123788
year for which the point is to be awarded:	123789

(a) A health deficiency with a scope and severity level	123790
greater than F;	123791

(b) A deficiency that constitutes a substandard quality of	123792
care.	123793

(5) The facility offers at least fifty per cent of its	123794
residents at least one of the following dining choices for at	123795
least one meal each day:	123796

(a) Restaurant-style dining in which food is brought from the	123797
food preparation area to residents per the residents' orders;	123798

(b) Buffet-style dining in which residents obtain their own	123799
food, or have the facility's staff bring food to them per the	123800
residents' directions, from the buffet;	123801

(c) Family-style dining in which food is customarily served	123802
on a serving dish and shared by residents;	123803

(d) Open dining in which residents have at least a two-hour	123804
period to choose when to have a meal;	123805

(e) Twenty-four-hour dining in which residents may order	123806
meals from the facility any time of the day.	123807

(6) At least fifty per cent of the facility's residents are	123808
able to take a bath or shower as often as they choose.	123809

(7) The facility has at least both of the following scores on	123810
its resident satisfaction survey:	123811

(a) With regard to the question in the survey regarding	123812
residents' ability to choose when to go to bed in the evening, at	123813
least eighty-nine;	123814

(b) With regard to the question in the survey regarding	123815
residents' ability to choose when to get out of bed in the	123816
morning, at least seventy-six.	123817

(8) The facility has at least both of the following scores on	123818
its family satisfaction survey:	123819

(a) With regard to the question in the survey regarding	123820
residents' ability to choose when to go to bed in the evening, at	123821
least eighty-eight;	123822

(b) With regard to the question in the survey regarding	123823
residents' ability to choose when to get out of bed in the	123824
morning, at least seventy-five.	123825

(9) All of the following apply to the facility:

123826

(a) At least seventy-five per cent of the facility's	123827
residents have the opportunity, following admission to the	123828
facility and before completing or quarterly updating their	123829
individual plans of care, to discuss their goals for the care they	123830
are to receive at the facility, including their preferences for	123831
advance care planning, with a member of the residents' ~~healthcare~~	123832
health care teams that the facility, residents, and residents'	123833
sponsors consider appropriate.	123834

(b) The facility records the residents' care goals, including	123835
the residents' advance care planning preferences, in their medical	123836
records.	123837

(c) The facility uses the residents' care goals, including	123838
the residents' advance care planning preferences, in the	123839
development of the residents' individual plans of care.	123840

(10) Not more than ~~the applicable percentage~~thirteen and	123841
thirty-five hundredths per cent of the facility's long-stay	123842
residents report severe to moderate pain during the minimum data	123843
set assessment process.	123844

(11) Not more than ~~the applicable percentage~~five and	123845
seventy-three hundredths per cent of the facility's long-stay,	123846
high-risk residents have been assessed as having one or more stage	123847
two, three, or four pressure ulcers during the minimum data set	123848
assessment process.	123849

(12) Not more than ~~the applicable percentage~~one and	123850
fifty-two hundredths per cent of the facility's long-stay	123851
residents were physically restrained as reported during the	123852
minimum data set assessment process.	123853

(13) Less than ~~the applicable percentage~~seven and	123854
seventy-eight hundredths per cent of the facility's long-stay	123855
residents had a urinary tract infection as reported during the	123856
minimum data set assessment process.	123857

(14) The facility uses a tool for tracking residents'	123858
admissions to hospitals.	123859

(15) An average of at least fifty per cent of the facility's	123860
medicaid-certified beds are in private rooms.	123861

(16) The facility has accessible resident bathrooms, all of	123862
which meet at least two of the following standards and at least	123863
some of which meet all of the following standards:	123864

(a) There are room mirrors that are accessible to residents	123865
in wheelchairs, can be adjusted so as to be visible to residents	123866
who are seated or standing, or both.	123867

(b) There are room sinks that are accessible to residents in	123868
wheelchairs and have clearance for wheelchairs.	123869

(c) There are room sinks that have faucets with adaptive or	123870
easy-to-use lever or paddle handles.	123871

(17) The facility does both of the following:

123872

(a) Maintains a written policy that prohibits the use of	123873
overhead paging systems or limits the use of overhead paging	123874
systems to emergencies, as defined in the policy;	123875

(b) Communicates the policy to its staff, residents, and	123876
families of residents.	123877

(18) The facility has a score of at least ninety on its	123878
resident satisfaction survey with regard to the question in the	123879
survey regarding residents' ability to personalize their rooms	123880
with personal belongings.	123881

(19) The facility has a score of at least ninety-five on its	123882
family satisfaction survey with regard to the question in the	123883
survey regarding residents' ability to personalize their rooms	123884
with personal belongings.	123885

(20) The facility does both of the following:

123886

(a) Maintains a written policy that requires consistent	123887
assignment of nurse aides and specifies the goal of having a	123888
resident receive nurse aide care from not more than eight	123889
different nurse aides during a thirty-day period;	123890

(b) Communicates the policy to its staff, residents, and	123891
families of residents.	123892

(21) The facility's staff retention rate is at least	123893
seventy-five per cent.	123894

(22) The facility's turnover rate for nurse aides is not	123895
higher than sixty-five per cent.	123896

(23) For at least fifty per cent of the resident care	123897
conferences in the facility, a nurse aide who is a primary	123898
caregiver for the resident attends and participates in the	123899
conference.	123900

(D) For fiscal year 2015 and each fiscal year thereafter and	123901
subject to division (E) of this section, the department shall	123902
award each nursing facility participating in the medicaid program	123903
one point for each of the following accountability measures the	123904
facility meets:	123905

(1) The facility's overall score on its resident satisfaction	123906
survey is at least eighty-seven and five-tenths.	123907

(2) The facility's overall score on its family satisfaction	123908
survey is at least eighty-five and nine-tenths.	123909

(3) The facility satisfies the requirements for participation	123910
in the advancing excellence in America's nursing homes campaign.	123911

(4) Both of the following apply to the facility:

123912

(a) The facility had not been listed on table B of the	123913
special focus facility list for eighteen or more consecutive	123914
months during any time during the calendar year immediately	123915
preceding the fiscal year for which the point is to be awarded.	123916

(b) The facility had neither of the following on the	123917
facility's most recent standard survey conducted not later than	123918
the last day of the calendar year immediately preceding the fiscal	123919
year for which the point is to be awarded or any complaint surveys	123920
conducted in the calendar year immediately preceding the fiscal	123921
year for which the point is to be awarded:	123922

(i) A health deficiency with a scope and severity level	123923
greater than F;	123924

(ii) A deficiency that constitutes a substandard quality of	123925
care.	123926

(5) The facility does all of the following:

123927

(a) Offers at least fifty per cent of its residents at least	123928
one of the following dining choices for at least two meals each	123929
day:	123930

(i) Restaurant-style dining in which food is brought from the	123931
food preparation area to residents per the residents' orders;	123932

(ii) Buffet-style dining in which residents obtain their own	123933
food, or have the facility's staff bring food to them per the	123934
residents' directions, from the buffet;	123935

(iii) Family-style dining in which food is customarily served	123936
on a serving dish and shared by residents;	123937

(iv) Open dining in which residents have at least a two-hour	123938
period to choose when to have a meal;	123939

(v) Twenty-four-hour dining in which residents may order	123940
meals from the facility any time of the day.	123941

(b) Maintains a written policy specifying the manner or	123942
manners in which residents' dining choices for meals are offered;	123943

(c) Communicates the policy to its staff, residents, and	123944
families of residents.	123945

(6) The facility does all of the following:

123946

(a) Enables at least fifty per cent of the facility's	123947
residents to take a bath or shower when they choose;	123948

(b) Maintains a written policy regarding residents' choices	123949
in bathing;	123950

(c) Communicates the policy to its staff, residents, and	123951
families of residents.	123952

(7) The facility has at least both of the following scores on	123953
its resident satisfaction survey:	123954

(a) With regard to the question in the survey regarding	123955
residents' ability to choose when to go to bed in the evening, at	123956
least eighty-nine;	123957

(b) With regard to the question in the survey regarding	123958
residents' ability to choose when to get out of bed in the	123959
morning, at least seventy-six.	123960

(8) The facility has at least both of the following scores on	123961
its family satisfaction survey:	123962

(a) With regard to the question in the survey regarding	123963
residents' ability to choose when to go to bed in the evening, at	123964
least eighty-eight;	123965

(b) With regard to the question in the survey regarding	123966
residents' ability to choose when to get out of bed in the	123967
morning, at least seventy-five.	123968

(9) Not more than thirteen and thirty-five hundredths per	123969
cent of the facility's long-stay residents report severe to	123970
moderate pain during the minimum data set assessment process.	123971

(10) Not more than five and sixteen hundredths per cent of	123972
the facility's long-stay, high-risk residents have been assessed	123973
as having one or more stage two, three, or four pressure ulcers	123974
during the minimum data set assessment process.	123975

(11) Not more than one and fifty-two hundredths per cent of	123976
the facility's long-stay residents were physically restrained as	123977
reported during the minimum data set assessment process.	123978

(12) Less than seven per cent of the facility's long-stay	123979
residents had a urinary tract infection as reported during the	123980
minimum data set assessment process.	123981

(13) The facility does both of the following:

123982

(a) Uses a tool for tracking residents' admissions to	123983
hospitals;	123984

(b) Annually reports to the department data on hospital	123985
admissions by month for all residents.	123986

(14) Both of the following apply:

123987

(a) At least ninety-five per cent of the facility's long-stay	123988
residents are vaccinated against pneumococcal pneumonia, decline	123989
the vaccination, or are not vaccinated because the vaccination is	123990
medically contraindicated.	123991

(b) At least ninety-three per cent of the facility's	123992
long-stay residents are vaccinated against seasonal influenza,	123993
decline the vaccination, or are not vaccinated because the	123994
vaccination is medically contraindicated.	123995

(15) An average of at least fifty per cent of the facility's	123996
medicaid-certified beds are in either, or in a combination of	123997
both, of the following:	123998

(a) Private rooms;

123999

(b) Semiprivate rooms to which all of the following apply:

124000

(i) Each room provides a distinct territory for each resident	124001
occupying the room.	124002

(ii) Each distinct territory has a window and is separated by	124003
a substantial wall from the other distinct territories in the	124004
room.	124005

(iii) Each resident is able to enter and exit the distinct	124006
territory of the resident's room without entering or exiting	124007
another resident's distinct territory.	124008

(iv) Complete visual privacy for each distinct territory may	124009
be obtained by drawing a curtain or other screen.	124010

(16) The facility obtains at least a ninety-five per cent	124011
compliance rate with requesting resident reviews required by 42	124012
C.F.R. 483.106(b)(2)(ii) for individuals who are exempted hospital	124013
discharges.	124014

(17) The facility does both of the following:

124015

(a) Maintains a written policy that requires consistent	124016
assignment of nurse aides and specifies the goal of having a	124017
resident receive nurse aide care from not more than twelve	124018
different nurse aides during a thirty-day period;	124019

(b) Communicates the policy to its staff, residents, and	124020
families of residents.	124021

(18) The facility's staff retention rate is at least	124022
seventy-five per cent.	124023

(19) The facility's turnover rate for nurse aides is not	124024
higher than sixty-five per cent.	124025

(20) For at least fifty per cent of the resident care	124026
conferences in the facility, a nurse aide who is a primary	124027
caregiver for the resident attends and participates in the	124028
conference.	124029

(21) All of the following apply to the facility:

124030

(a) At least seventy-five per cent of the facility's	124031
residents have the opportunity, following admission to the	124032
facility and before completing or quarterly updating their	124033
individual plans of care, to discuss their goals for the care they	124034
are to receive at the facility, including their preferences for	124035
advance care planning, with a member of the residents' health care	124036
teams that the facility, residents, and residents' sponsors	124037
consider appropriate.	124038

(b) The facility records the residents' care goals, including	124039
the residents' advance care planning preferences, in their medical	124040
records.	124041

(c) The facility uses the residents' care goals, including	124042
the residents' advance care planning preferences, in the	124043
development of the residents' individual plans of care.	124044

(22) The facility does both of the following:

124045

(a) Maintains a written policy that prohibits the use of	124046
overhead paging systems or limits the use of overhead paging	124047
systems to emergencies, as defined in the policy;	124048

(b) Communicates the policy to its staff, residents, and	124049
families of residents.	124050

(E)(1) To be awarded a point for meeting an accountability	124051
measure under division (C) or (D) of this section other than the	124052
accountability measure identified in ~~division~~divisions (C)(4) and	124053
(D)(4)(b) of this section, a nursing facility must meet the	124054
accountability measure in the calendar year immediately preceding	124055
the fiscal year for which the point is to be awarded. ~~However, a~~	124056
~~nursing facility must meet the accountability measures specified~~	124057
~~in divisions (C)(3), (5), (6), (9), (14) to (17), (20), (22), and~~	124058
~~(23) of this section in the period beginning January 1, 2012, and~~	124059
~~ending March 31, 2012, to be awarded points for those~~	124060
~~accountability measures for fiscal year 2013.~~	124061

(2) The department shall award points pursuant to ~~division~~	124062
divisions (C)(1), (7), orand (18) and (D)(1) and (7) of this	124063
section to a nursing facility only if a resident satisfaction	124064
survey was initiated under section 173.47 of the Revised Code for	124065
the nursing facility in the calendar year immediately preceding	124066
the fiscal year for which the points are to be awarded.	124067

(3) The department shall award points pursuant to ~~division~~	124068
divisions (C)(2), (8), orand (19) and (D)(2) and (8) of this	124069
section to a nursing facility only if a family satisfaction survey	124070
was initiated under section 173.47 of the Revised Code for the	124071
nursing facility in the calendar year immediately preceding the	124072
fiscal year for which the points are to be awarded.	124073

(4) The department shall award points pursuant to divisions	124074
(D)(21) and (22) of this section only for fiscal year 2015.	124075

(5) Not later than July 1, 2013, the department shall adjust	124076
the score used for the purpose of division (C)(8)(b) of this	124077
section in a manner that causes at least fifty per cent of nursing	124078
facilities to meet division (C)(8)(b) of this section.	124079

~~(E) For the purposes of awarding points under divisions~~	124080
~~(C)(10) to (13) of this section for fiscal year 2013, the~~	124081
~~following apply:~~	124082

~~(1) If, by July 1, 2012, the United States centers for~~	124083
~~medicare and medicaid services makes calculations using the 3.0~~	124084
~~version of the minimum data set that indicate whether nursing~~	124085
~~facilities meet those accountability measures, the department~~	124086
~~shall do both of the following:~~	124087

~~(a) Rely on those calculations;~~

124088

~~(b) Specify the percentages to be used for the purposes of~~	124089
~~those accountability measures and, in specifying the percentages,~~	124090
~~provide for at least fifty per cent of nursing facilities to earn~~	124091
~~points for meeting those accountability measures.~~	124092

~~(2) If, by July 1, 2012, the United States centers for~~	124093
~~medicare and medicaid services does not make calculations using~~	124094
~~the 3.0 version of the minimum data set that indicate whether~~	124095
~~nursing facilities meet those accountability measures, the~~	124096
~~department shall do either of the following:~~	124097

~~(a) Do both of the following:~~

124098

~~(i) Make the calculations using the 3.0 version of the~~	124099
~~minimum data set in accordance with the national voluntary~~	124100
~~consensus standards for nursing homes;~~	124101

~~(ii) Specify the percentages to be used for the purposes of~~	124102
~~those accountability measures and, in specifying the percentages,~~	124103
~~provide for at least fifty per cent of nursing facilities to earn~~	124104
~~points for meeting those accountability measures.~~	124105

~~(b) Do all of the following:~~

124106

~~(i) Rely on the most recent calculations the United States~~	124107
~~centers for medicare and medicaid services made using the 2.0~~	124108
~~version of the minimum data set that indicate whether nursing~~	124109
~~facilities meet those accountability measures;~~	124110

~~(ii) Use four per cent as the applicable percentage for the~~	124111
~~accountability measure identified in division (C)(10) of this~~	124112
~~section;~~	124113

~~(iii) Use nine per cent as the applicable percentage for the~~	124114
~~accountability measure identified in division (C)(11) of this~~	124115
~~section;~~	124116

~~(iv) Use two per cent as the applicable percentage for the~~	124117
~~accountability measure identified in division (C)(12) of this~~	124118
~~section;~~	124119

~~(v) Use ten per cent as the applicable percentage for the~~	124120
~~accountability measure identified in division (C)(13) of this~~	124121
~~section.~~	124122

(F) ~~For the purposes of awarding points under divisions~~	124123
~~(C)(10) to (13) of this section for fiscal year 2014 and~~	124124
~~thereafter, the department shall do the following:~~	124125

~~(1) Rely on calculations the United States centers for~~	124126
~~medicare and medicaid services makes using the 3.0 version of the~~	124127
~~minimum data set that indicate whether nursing facilities meet~~	124128
~~those accountability measures;~~	124129

~~(2) If the department takes action pursuant to division~~	124130
~~(E)(1) of this section for fiscal year 2013, continue to use the~~	124131
~~percentages the department specifies pursuant to division~~	124132
~~(E)(1)(b) of this section for the purposes of those accountability~~	124133
~~measures;~~	124134

~~(3) If the department takes action pursuant to division~~	124135
~~(E)(2) of this section for fiscal year 2013, do the following:~~	124136

~~(a) For fiscal year 2014, specify the percentages to be used~~	124137
~~for the purposes of those accountability measures and, in~~	124138
~~specifying the percentages, provide for at least fifty per cent of~~	124139
~~nursing facilities to earn points for meeting those accountability~~	124140
~~measures;~~	124141

~~(b) For fiscal year 2015 and thereafter, continue to use the~~	124142
~~percentages the department specifies pursuant to division~~	124143
~~(F)(3)(a) of this section for the purposes of those accountability~~	124144
~~measures.~~Not later than July 1, 2014, the department shall	124145
submit, in accordance with section 101.68 of the Revised Code,	124146
recommendations to the general assembly for accountability	124147
measures to replace the accountability measures identified in	124148
divisions (D)(21) and (22) of this section.	124149

(G) ~~The director of job and family services shall adopt rules~~	124150
~~under section 5111.02 of the Revised Code as necessary to~~	124151
~~implement this section.~~	124152

~~The rules~~Rules adopted under section 5165.02 of the Revised	124153
Code may specify what is meant by "some" as that word is used in	124154
division (C)(16) of this section.	124155

~~Sec. 5111.245.~~ Sec. 5165.26. (A) As used in this section:

124156

(1) "Budgeted amount for quality incentive payments for a	124157
fiscal year" means the amount determined for a fiscal year as	124158
follows:	124159

(a) Multiply the total number of medicaid days in the	124160
immediately preceding fiscal year by sixteen dollars and	124161
forty-four cents;	124162

(b) Determine the total amount of quality incentive payments	124163
that was paid under section 5165.25 of the Revised Code to all	124164
nursing facility providers for the immediately preceding fiscal	124165
year;	124166

(c) Subtract the amount determined under division (A)(1)(b)	124167
of this section from the product calculated under division	124168
(A)(1)(a) of this section;	124169

(d) Add thirty million dollars to the difference calculated	124170
under division (A)(1)(c) of this section.	124171

(2) "Point days for a fiscal year" means the product of the	124172
following:	124173

(a) A qualifying nursing facility's quality bonus points for	124174
the fiscal year;	124175

(b) The number of the qualifying nursing facility's medicaid	124176
days in the immediately preceding fiscal year.	124177

~~(2)~~(3) "Qualifying nursing facility" means a nursing facility	124178
that qualifies for a quality bonus for a fiscal year as determined	124179
under division (B) of this section.	124180

~~(3)~~(4) "Quality bonus points for a fiscal year" means the	124181
amount determined by subtracting five from the number of points	124182
awarded to a qualifying nursing facility for meeting	124183
accountability measures under ~~division (C) of~~ section ~~5111.244~~	124184
5165.25 of the Revised Code for a fiscal year.	124185

~~(4) "Residual budgeted amount for quality incentive payments~~	124186
~~for a fiscal year" means the amount determined for a fiscal year~~	124187
~~as follows:~~	124188

~~(a) Multiply the total number of medicaid days in the fiscal~~	124189
~~year by sixteen dollars and forty-four cents;~~	124190

~~(b) Determine the total amount of quality incentive payments~~	124191
~~that was paid under section 5111.244 of the Revised Code to all~~	124192
~~nursing facility providers for the fiscal year;~~	124193

~~(c) Subtract the amount determined under division (A)(4)(b)~~	124194
~~of this section from the product calculated under division~~	124195
~~(A)(4)(a) of this section.~~	124196

(B) ~~The~~Not later than the first day of November of each	124197
fiscal year, the department of ~~job and family services~~medicaid	124198
shall pay a nursing facility provider a quality bonus for athe	124199
fiscal year if ~~both of~~ the ~~following apply:~~	124200

~~(1) The~~ provider's nursing facility is awarded more than five	124201
points for meeting accountability measures under ~~division (C) of~~	124202
section ~~5111.244~~5165.25 of the Revised Code for the fiscal year	124203
and the following applies:	124204

(1) For fiscal year 2014, at least two of the points are	124205
awarded to the nursing facility pursuant to division (C)(10),	124206
(11), (12), (13), or (14) of section 5165.25 of the Revised Code.	124207

(2) For fiscal year 2015 and each fiscal year thereafter, at	124208
least two of the points are awarded to the nursing facility	124209
pursuant to division (D)(9), (10), (11), (12), (13), or (14) of	124210
section 5165.25 of the Revised Code.	124211

~~(2) The residual budgeted amount for quality incentive~~	124212
~~payments for the fiscal year is greater than zero.~~	124213

(C) The total quality bonus to be paid to the provider of a	124214
qualifying nursing facility for a fiscal year shall equal the	124215
product of the following:	124216

(1) The quality bonus per medicaid day for the fiscal year	124217
determined for the provider's qualifying nursing facility under	124218
division (D) of this section;	124219

(2) The number of the qualifying nursing facility's medicaid	124220
days in the immediately preceding fiscal year.	124221

(D) A qualifying nursing facility's quality bonus per	124222
medicaid day for a fiscal year shall be the product of the	124223
following:	124224

(1) The nursing facility's quality bonus points for the	124225
fiscal year;	124226

(2) The quality bonus per point for the fiscal year	124227
determined under division (E) of this section.	124228

(E) The quality bonus per point for a fiscal year shall be	124229
determined as follows:	124230

(1) Determine the number of each qualifying nursing	124231
facility's point days for the fiscal year;	124232

(2) Determine the sum of all qualifying nursing facilities'	124233
point days for the fiscal year;	124234

(3) Divide the ~~residual~~ budgeted amount for quality incentive	124235
payments for the fiscal year by the sum determined under division	124236
(E)(2) of this section.	124237

(F) The calculation of a qualifying nursing facility's bonus	124238
payment is not subject to appeal under Chapter 119. of the Revised	124239
Code.	124240

~~(G) The director of job and family services may adopt rules~~	124241
~~under section 5111.02 of the Revised Code as necessary to~~	124242
~~implement this section.~~	124243

~~Sec. 5111.257.~~ Sec. 5165.28. If a provider of a nursing facility	124244
adds or replaces one or more medicaid certified beds to or at the	124245
nursing facility, or renovates one or more of the nursing	124246
facility's beds, the medicaid payment rate for the added,	124247
replaced, or renovated beds shall be the same as the medicaid	124248
payment rate for the nursing facility's existing beds.	124249

~~Sec. 5111.265.~~ Sec. 5165.29. If one or more medicaid-certified	124250
beds are relocated from one nursing facility to another nursing	124251
facility owned by a different person or government entity and the	124252
application for the certificate of need authorizing the relocation	124253
is filed with the director of health on or after ~~the effective~~	124254
~~date of this section~~July 1, 2005, amortization of the cost of	124255
acquiring operating rights for the relocated beds is not an	124256
allowable cost for the purpose of determining the nursing	124257
facility's medicaid ~~reimbursement~~payment rate.	124258

~~Sec. 5111.264.~~ Sec. 5165.30. Except as provided in section ~~5111.25~~	124259
~~or 5111.251~~5165.17 of the Revised Code, the costs of goods,	124260
services, and facilities, furnished to a nursing facility provider	124261
by a related party are includable in the allowable costs of the	124262
provider at the reasonable cost to the related party.	124263

Sec. 5165.32. The department of medicaid shall not reduce a	124264
nursing facility's medicaid payment rate determined under this	124265
chapter on the basis that the provider charges a lower rate to any	124266
resident who is not eligible for medicaid.	124267

Sec. 5165.33. No medicaid payment shall be made to a nursing	124268
facility provider for the day a medicaid recipient is discharged	124269
from the nursing facility.	124270

~~Sec. 5111.331.~~ Sec. 5165.34. (A) The department of ~~job and family~~	124271
~~services~~medicaid may make medicaid payments to a nursing	124272
facility provider ~~of a nursing facility~~ under ~~sections 5111.20 to~~	124273
~~5111.331 of the Revised Code~~this chapter to reserve a bed for a	124274
recipient during a temporary absence under conditions prescribed	124275
by the department, to include hospitalization for an acute	124276
condition, visits with relatives and friends, and participation in	124277
therapeutic programs outside the facility, when the resident's	124278
plan of care provides for such absence and federal financial	124279
participation infor the payments is available.	124280

(B) The maximum period for which payments may be made to	124281
reserve a bed in a nursing facility shall not exceed thirty days	124282
in a calendar year.	124283

(C) The department shall establish the per ~~diem~~medicaid day	124284
payment rates ~~to be paid to providers of nursing facilities~~ for	124285
reserving beds under this section. In establishing the per ~~diem~~	124286
medicaid day payment rates, the department shall ~~do the following:~~	124287

~~(1) In the case of a payment to reserve a bed for a day~~	124288
~~during calendar year 2011, set the per diem rate at an amount not~~	124289
~~exceeding fifty per cent of the per diem rate the provider would~~	124290
~~be paid if the recipient were not absent from the nursing facility~~	124291
~~that day;~~	124292

~~(2) In the case of a payment to reserve a bed for a day~~	124293
~~during calendar year 2012 and each calendar year thereafter,~~ set	124294
the per ~~diem~~medicaid day payment rate at an amount equal to the	124295
following:	124296

~~(a)~~(1) In the case of a nursing facility that had an	124297
occupancy rate ~~in the preceding calendar year~~ exceeding	124298
ninety-five per cent, an amount not exceeding fifty per cent of	124299
the per ~~diem~~medicaid day payment rate the provider would be paid	124300
if the recipient were not absent from the nursing facility that	124301
day;	124302

~~(b)~~(2) In the case of a nursing facility that had an	124303
occupancy rate ~~in the preceding calendar year~~ not exceeding	124304
ninety-five per cent, an amount not exceeding eighteen per cent of	124305
the per ~~diem~~medicaid day payment rate the provider would be paid	124306
if the recipient were not absent from the nursing facility that	124307
day.	124308

(D) For the purpose of setting a nursing facility's per	124309
medicaid day payment rate to reserve a bed for a day during the	124310
period beginning on the effective date of this amendment and	124311
ending December 31, 2013, the department shall determine the	124312
nursing facility's occupancy rate by using information reported on	124313
the nursing facility's cost report for calendar year 2012. For the	124314
purpose of setting a nursing facility's per medicaid day payment	124315
rate to reserve a bed for January 1, 2014, or thereafter, the	124316
department shall determine the nursing facility's occupancy rate	124317
by using information reported on the nursing facility's cost	124318
report for the calendar year preceding the fiscal year in which	124319
the reservation falls.	124320

~~Sec. 5111.212.~~ Sec. 5165.35. ~~As used in this section, "effective~~	124321
~~date of an involuntary termination" and "involuntary termination"~~	124322
~~have the same meanings as in section 5111.65 of the Revised Code.~~	124323

Medicaid payments may be made for nursing facility services	124324
~~and intermediate care facility for the mentally retarded services~~	124325
provided not later than thirty days after the effective date of an	124326
involuntary termination of the nursing facility that provides the	124327
services if the services are provided to a medicaid recipient who	124328
is eligible for the services and resided in the nursing facility	124329
before the effective date of the involuntary termination.	124330

~~Sec. 5111.221.~~ Sec. 5165.37. The department of ~~job and family~~	124331
~~services~~medicaid shall make its best efforts each year to	124332
calculate nursing facilities' medicaid payment rates under	124333
~~sections 5111.20 to 5111.331 of the Revised Code~~this chapter in	124334
time to ~~use them to make~~pay the ~~payments due to providers~~rates	124335
by the fifteenth day of August of each fiscal year. If the	124336
department is unable to calculate the rates so that they can be	124337
paid by that date, the department shall pay each provider the rate	124338
calculated for the provider's nursing facilities ~~and intermediate~~	124339
~~care facilities for the mentally retarded~~ under ~~those sections~~	124340
this chapter at the end of the previous fiscal year. If the	124341
department also is unable to calculate the rates to ~~make the~~	124342
~~payments due~~pay the rates by the fifteenth day of September and	124343
the fifteenth day of October, the department shall pay the	124344
previous fiscal year's rate to make those payments. The department	124345
may increase by five per cent the previous fiscal year's rate paid	124346
for any nursing facility pursuant to this section at the request	124347
of the provider. The department shall use rates calculated for the	124348
current fiscal year to make the payments due by the fifteenth day	124349
of November.	124350

If the rate paid to a provider for a nursing facility	124351
pursuant to this section is lower than the rate calculated for the	124352
nursing facility for the current fiscal year, the department shall	124353
pay the provider the difference between the two rates for the	124354
number of days for which the provider was paid for the nursing	124355
facility pursuant to this section. If the rate paid for a nursing	124356
facility pursuant to this section is higher than the rate	124357
calculated for it for the current fiscal year, the provider shall	124358
refund to the department the difference between the two rates for	124359
the number of days for which the provider was paid for the nursing	124360
facility pursuant to this section.	124361

~~Sec. 5111.29.~~ Sec. 5165.38. ~~(A)~~ The medicaid director ~~of job and~~	124362
~~family services~~ shall adopt rules under section ~~5111.02~~5165.02 of	124363
the Revised Code that establish a process under which a nursing	124364
facility provider, or a group or association of nursing facility	124365
providers, may seek reconsideration of medicaid payment rates	124366
established under ~~sections 5111.20 to 5111.331 of the Revised~~	124367
~~Code~~this chapter, including a rate for direct care costs	124368
recalculated before the effective date of the rate as a result of	124369
an exception review of resident assessment ~~information~~data	124370
conducted under section ~~5111.27~~5165.193 of the Revised Code. The	124371

~~(1) Except as provided in divisions (A)(2) to (4) of this~~	124372
~~section, the~~ only issue that a provider, group, or association may	124373
raise in the rate reconsideration shall be whether the rate was	124374
calculated in accordance with ~~sections 5111.20 to 5111.331 of the~~	124375
~~Revised Code~~this chapter and the rules adopted under section	124376
~~5111.02~~5165.02 of the Revised Code. The ~~rules shall permit a~~	124377
provider, group, or association tomay submit written arguments or	124378
other materials that support its position. The ~~rules shall specify~~	124379
provider, group, or association and department of medicaid shall	124380
take actions regarding the rate reconsideration within time frames	124381
~~within which the provider, group, or association and the~~	124382
~~department must act~~specified in rules authorized by this section.	124383
If	124384

If the department determines, as a result of the rate	124385
reconsideration, that the rate ~~established~~determined for one or	124386
more nursing facilities ~~of a provider~~ is less than the rate to	124387
which the nursing facility is entitled, the department shall	124388
increase the rate. If the department has paid the incorrect rate	124389
for a period of time, the department shall pay the provider the	124390
difference between the amount the provider was paid for that	124391
period for the nursing facility and the amount the provider should	124392
have been paid for the nursing facility.	124393

~~(2) The rules shall provide that during a fiscal year, the~~	124394
~~department, by means of the rate reconsideration process, may~~	124395
~~increase the rate determined for an intermediate care facility for~~	124396
~~the mentally retarded as calculated under sections 5111.20 to~~	124397
~~5111.331 of the Revised Code if the provider of the facility~~	124398
~~demonstrates that the facility's actual, allowable costs have~~	124399
~~increased because of extreme circumstances. A facility may qualify~~	124400
~~for a rate increase only if the facility's per diem, actual,~~	124401
~~allowable costs have increased to a level that exceeds its total~~	124402
~~rate. The rules shall specify the circumstances that would justify~~	124403
~~a rate increase under division (A)(2) of this section. The rules~~	124404
~~shall provide that the extreme circumstances include natural~~	124405
~~disasters, renovations approved under division (D) of section~~	124406
~~5111.251 of the Revised Code, an increase in workers' compensation~~	124407
~~experience rating of greater than five per cent for a facility~~	124408
~~that has an appropriate claims management program, increased~~	124409
~~security costs for an inner-city facility, and a change of~~	124410
~~ownership that results from bankruptcy, foreclosure, or findings~~	124411
~~of violations of certification requirements by the department of~~	124412
~~health. An increase under division (A)(2) of this section is~~	124413
~~subject to any rate limitations or maximum rates established by~~	124414
~~sections 5111.20 to 5111.331 of the Revised Code for specific cost~~	124415
~~centers. Any rate increase granted under division (A)(2) of this~~	124416
~~section shall take effect on the first day of the first month~~	124417
~~after the department receives the request.~~	124418

~~(3) The rules shall provide that the department, through the~~	124419
~~rate reconsideration process, may increase an intermediate care~~	124420
~~facility for the mentally retarded's rate as calculated under~~	124421
~~sections 5111.20 to 5111.331 of the Revised Code if the~~	124422
~~department, in the department's sole discretion, determines that~~	124423
~~the rate as calculated under those sections works an extreme~~	124424
~~hardship on the facility.~~	124425

~~(4) The rules shall provide that when beds certified for the~~	124426
~~medicaid program are added to an existing intermediate care~~	124427
~~facility for the mentally retarded or replaced at the same site,~~	124428
~~the department, through the rate reconsideration process, shall~~	124429
~~increase the intermediate care facility for the mentally~~	124430
~~retarded's rate for capital costs proportionately, as limited by~~	124431
~~any applicable limitation under section 5111.251 of the Revised~~	124432
~~Code, to account for the costs of the beds that are added or~~	124433
~~replaced. The department shall make this increase one month after~~	124434
~~the first day of the month after the department receives~~	124435
~~sufficient documentation of the costs. Any rate increase granted~~	124436
~~under division (A)(4) of this section after June 30, 1993, shall~~	124437
~~remain in effect until the effective date of a rate calculated~~	124438
~~under section 5111.251 of the Revised Code that includes costs~~	124439
~~incurred for a full calendar year for the bed addition or bed~~	124440
~~replacement. The facility shall report double accumulated~~	124441
~~depreciation in an amount equal to the depreciation included in~~	124442
~~the rate adjustment on its cost report for the first year of~~	124443
~~operation. During the term of any loan used to finance a project~~	124444
~~for which a rate adjustment is granted under division (A)(4) of~~	124445
~~this section, if the facility is operated by the same provider,~~	124446
~~the provider shall subtract from the interest costs it reports on~~	124447
~~its cost report an amount equal to the difference between the~~	124448
~~following:~~	124449

~~(a) The actual, allowable interest costs for the loan during~~	124450
~~the calendar year for which the costs are being reported;~~	124451

~~(b) The actual, allowable interest costs attributable to the~~	124452
~~loan that were used to calculate the rates paid to the provider~~	124453
~~for the facility during the same calendar year.~~	124454

~~(5) The department's decision at the conclusion of the~~	124455
~~reconsideration process shall not be subject to any administrative~~	124456
~~proceedings under Chapter 119. or any other provision of the~~	124457
~~Revised Code.~~	124458

~~(B) All of the following are subject to an adjudication~~	124459
~~conducted in accordance with Chapter 119. of the Revised Code:~~	124460

~~(1) Any audit disallowance that the department makes as the~~	124461
~~result of an audit under section 5111.27 of the Revised Code;~~	124462

~~(2) Any adverse finding that results from an exception review~~	124463
~~of resident assessment information conducted under section 5111.27~~	124464
~~of the Revised Code after the effective date of the facility's~~	124465
~~rate that is based on the assessment information;~~	124466

~~(3) Any medicaid payment deemed an overpayment under section~~	124467
~~5111.683 of the Revised Code;~~	124468

~~(4) Any penalty the department imposes under division (C) of~~	124469
~~section 5111.28 of the Revised Code or section 5111.683 of the~~	124470
~~Revised Code.~~	124471

~~Sec. 5111.28.~~ Sec. 5165.40. ~~(A)~~ If a nursing facility provider	124472
properly amends ~~its~~a cost report for the nursing facility under	124473
section ~~5111.261~~5165.107 of the Revised Code and the amended	124474
report shows that the provider received a lower medicaid payment	124475
rate under the original cost report than itthe provider was	124476
entitled to receive, the department of ~~job and family services~~	124477
medicaid shall adjust the provider's rate for the nursing facility	124478
prospectively to reflect the corrected information. The department	124479
shall pay the adjusted rate beginning two months after the first	124480
day of the month after the provider files the amended cost report.	124481
If	124482

If the department finds, from an exception review of resident	124483
assessment ~~information~~data conducted pursuant to section 5165.193	124484
of the Revised Code after the effective date of ~~the~~a nursing	124485
facility's rate for direct care costs that is based on the	124486
resident assessment ~~information~~data, that inaccurate resident	124487
assessment ~~information~~data resulted in the provider receiving a	124488
lower rate for the nursing facility than it was entitled to	124489
receive, the department prospectively shall adjust the provider's	124490
rate accordingly ~~and~~. The department shall make payments to the	124491
provider using the adjusted rate for the remainder of the ~~calendar~~	124492
~~quarter~~six-month period for which the resident assessment	124493
~~information~~data is used to determine the rate, beginning one	124494
month after the first day of the month after the exception review	124495
is completed.	124496

~~(B) If the provider properly amends its cost report under~~	124497
~~section 5111.261 of the Revised Code, the department makes a~~	124498
~~finding based on an audit under section 5111.27 of the Revised~~	124499
~~Code, or the~~ ~~department~~ makes a finding based on an exception	124500
review of resident assessment information conducted under section	124501
5111.27 of the Revised Code after the effective date of the rate	124502
for direct care costs that is based on the assessment information,	124503
any of which results in a determination that the provider has	124504
received a higher rate than it was entitled to receive, the	124505
~~department~~ shall recalculate the provider's rate using the revised	124506
information. The ~~department~~ shall apply the recalculated rate to	124507
the periods when the provider received the incorrect rate to	124508
determine the amount of the overpayment. The provider shall refund	124509
the amount of the overpayment.	124510

~~In addition to requiring a refund under this division, the~~	124511
~~department may charge the provider interest at the applicable rate~~	124512
~~specified in this division from the time the overpayment was made.~~	124513

~~(1) If the overpayment resulted from costs reported for~~	124514
~~calendar year 1993, the interest shall be no greater than one and~~	124515
~~one-half times the average bank prime rate.~~	124516

~~(2) If the overpayment resulted from costs reported for~~	124517
~~subsequent calendar years:~~	124518

~~(a) The interest shall be no greater than two times the~~	124519
~~average bank prime rate if the overpayment was equal to or less~~	124520
~~than one per cent of the total medicaid payments to the provider~~	124521
~~for the fiscal year for which the incorrect information was used~~	124522
~~to establish a rate.~~	124523

~~(b) The interest shall be no greater than two and one-half~~	124524
~~times the current average bank prime rate if the overpayment was~~	124525
~~greater than one per cent of the total medicaid payments to the~~	124526
~~provider for the fiscal year for which the incorrect information~~	124527
~~was used to establish a rate.~~	124528

~~(C) The department also may impose the following penalties:~~

124529

~~(1) If a provider does not furnish invoices or other~~	124530
~~documentation that the department requests during an audit within~~	124531
~~sixty days after the request, no more than the greater of one~~	124532
~~thousand dollars per audit or twenty-five per cent of the~~	124533
~~cumulative amount by which the costs for which documentation was~~	124534
~~not furnished increased the total medicaid payments to the~~	124535
~~provider during the fiscal year for which the costs were used to~~	124536
~~establish a rate;~~	124537

~~(2) If an exiting operator or owner fails to provide notice~~	124538
~~of a facility closure, voluntary termination, or voluntary~~	124539
~~withdrawal of participation in the medicaid program as required by~~	124540
~~section 5111.66 of the Revised Code, or an exiting operator or~~	124541
~~owner and entering operator fail to provide notice of a change of~~	124542
~~operator as required by section 5111.67 of the Revised Code, no~~	124543
~~more than the current average bank prime rate plus four per cent~~	124544
~~of the last two monthly payments.~~	124545

~~(D) If the provider continues to participate in the medicaid~~	124546
~~program, the department shall deduct any amount that the provider~~	124547
~~is required to refund under this section, and the amount of any~~	124548
~~interest charged or penalty imposed under this section, from the~~	124549
~~next available payment from the~~ ~~department~~ to the provider. The	124550
~~department~~ and the provider may enter into an agreement under	124551
which the amount, together with interest, is deducted in	124552
installments from payments from the ~~department~~ to the provider.	124553

~~(E) The department shall transmit refunds and penalties to~~	124554
~~the treasurer of state for deposit in the general revenue fund.~~	124555

~~(F) For the purpose of this section, the department shall~~	124556
~~determine the average bank prime rate using statistical release~~	124557
~~H.15, "selected interest rates," a weekly publication of the~~	124558
~~federal reserve board, or any successor publication. If~~	124559
~~statistical release H.15, or its successor, ceases to contain the~~	124560
~~bank prime rate information or ceases to be published, the~~	124561
~~department~~ shall request a written statement of the average bank	124562
prime rate from the federal reserve bank of Cleveland or the	124563
federal reserve board.	124564

Sec. 5165.41. (A) The department of medicaid shall	124565
redetermine a provider's medicaid payment rate for a nursing	124566
facility using revised information if any of the following results	124567
in a determination that the provider received a higher medicaid	124568
payment rate for the nursing facility than the provider was	124569
entitled to receive:	124570

(1) The provider properly amends a cost report for the	124571
nursing facility under section 5165.107 of the Revised Code;	124572

(2) The department makes a finding based on an audit under	124573
section 5165.109 of the Revised Code;	124574

(3) The department makes a finding based on an exception	124575
review of resident assessment data conducted under section	124576
5165.193 of the Revised Code after the effective date of the	124577
nursing facility's rate for direct care costs that is based on the	124578
resident assessment data;	124579

(4) The department makes a finding based on a post-payment	124580
review conducted under section 5165.49 of the Revised Code.	124581

(B) The department shall apply the redetermined rate to the	124582
periods when the provider received the incorrect rate to determine	124583
the amount of the overpayment. The provider shall refund the	124584
amount of the overpayment. The department may charge the provider	124585
the following amount of interest from the time the overpayment was	124586
made:	124587

(1) If the overpayment resulted from costs reported for	124588
calendar year 1993, the interest shall be no greater than one and	124589
one-half times the current average bank prime rate.	124590

(2) If the overpayment resulted from costs reported for a	124591
subsequent calendar year:	124592

(a) The interest shall be no greater than two times the	124593
current average bank prime rate if the overpayment was no more	124594
than one per cent of the total medicaid payments to the provider	124595
for the fiscal year for which the overpayment was made.	124596

(b) The interest shall be no greater than two and one-half	124597
times the current average bank prime rate if the overpayment was	124598
more than one per cent of the total medicaid payments to the	124599
provider for the fiscal year for which the overpayment was made.	124600

Sec. 5165.42. In addition to the other penalties authorized	124601
by this chapter, the department of medicaid may impose the	124602
following penalties on a nursing facility provider:	124603

(A) If the provider does not furnish invoices or other	124604
documentation that the department requests during an audit within	124605
sixty days after the request, a fine of no more than the greater	124606
of the following:	124607

(1) One thousand dollars per audit;

124608

(2) Twenty-five per cent of the cumulative amount by which	124609
the costs for which documentation was not furnished increased the	124610
total medicaid payments to the provider during the fiscal year for	124611
which the costs were used to determine a rate.	124612

(B) If an exiting operator or owner fails to provide notice	124613
of a facility closure or voluntary withdrawal of participation in	124614
the medicaid program as required by section 5165.50 of the Revised	124615
Code, or an exiting operator or owner and entering operator fail	124616
to provide notice of a change of operator as required by section	124617
5165.51 of the Revised Code, a fine of not more than the current	124618
average bank prime rate plus four per cent of the last two monthly	124619
payments.	124620

Sec. 5165.43. For the purposes of sections 5165.41 and	124621
5165.42 of the Revised Code, the department of medicaid shall	124622
determine the current average bank prime rate using statistical	124623
release H.15, "selected interest rates," a weekly publication of	124624
the federal reserve board, or any successor publication. If	124625
statistical release H.15, or its successor, ceases to contain the	124626
bank prime rate information or ceases to be published, the	124627
department shall request a written statement of the average bank	124628
prime rate from the federal reserve bank of Cleveland or the	124629
federal reserve board.	124630

Sec. 5165.44. (A) Except as provided in division (B) of this	124631
section, the department of medicaid shall deduct the following	124632
from the next available medicaid payment the department makes to a	124633
nursing facility provider who continues to participate in	124634
medicaid:	124635

(1) Any amount the provider is required to refund, and any	124636
interest charged, under section 5165.41 of the Revised Code;	124637

(2) The amount of any penalty imposed on the provider under	124638
section 5165.42 of the Revised Code.	124639

(B) The department and a nursing facility provider may enter	124640
into an agreement under which a deduction required by division (A)	124641
of this section is taken in installments from payments the	124642
department makes to the provider.	124643

Sec. 5165.45. The department of medicaid shall transmit to	124644
the treasurer of state for deposit in the general revenue fund	124645
amounts collected from the following:	124646

(A) Refunds required by, and interest charged under, section	124647
5165.41 of the Revised Code;	124648

(B) Amounts collected from penalties imposed under section	124649
5165.42 of the Revised Code.	124650

Sec. 5165.46. All of the following are subject to an	124651
adjudication conducted in accordance with Chapter 119. of the	124652
Revised Code:	124653

(A) Any audit disallowance that the department of medicaid	124654
makes as the result of an audit under section 5165.109 of the	124655
Revised Code;	124656

(B) Any adverse finding that results from an exception review	124657
of resident assessment data conducted for a nursing facility under	124658
section 5165.193 of the Revised Code after the effective date of	124659
the nursing facility's medicaid payment rate for direct care costs	124660
that is based on the resident assessment data;	124661

(C) Any medicaid payment deemed an overpayment under section	124662
5165.523 of the Revised Code;	124663

(D) Any penalty the department imposes under section 5165.42	124664
of the Revised Code or section 5165.523 of the Revised Code.	124665

~~Sec. 5111.262.~~ Sec. 5165.47. No person, other than ~~the~~a nursing	124666
facility provider ~~of a nursing facility~~, shall submit a claim for	124667
medicaid ~~reimbursement~~payment for a service provided to a	124668
nursing facility resident if the service is included in a medicaid	124669
payment made to the nursing facility provider ~~of a nursing~~	124670
~~facility~~ under ~~sections 5111.20 to 5111.33 of the Revised Code~~	124671
this chapter or in the ~~reimbursable~~allowable expenses reported	124672
on a provider's cost report for a nursing facility. No nursing	124673
facility provider ~~of a nursing facility~~ shall submit a separate	124674
claim for medicaid ~~reimbursement~~payment for a service provided	124675
to a resident of the nursing facility if the service is included	124676
in a medicaid payment made to the provider under ~~sections 5111.20~~	124677
~~to 5111.331 of the Revised Code~~this chapter or in the	124678
~~reimbursable~~allowable expenses on the provider's cost report for	124679
the nursing facility.	124680

~~Sec. 5111.0211.~~ Sec. 5165.48. ~~As used in this section, "nursing~~	124681
~~facility" and "provider" have the same meanings as in section~~	124682
~~5111.20 of the Revised Code.~~	124683

The provider of a nursing facility is not required to submit	124684
a claim to the department of ~~job and family services~~medicaid	124685
regarding the medicare cost-sharing expenses of a resident of the	124686
nursing facility who, under federal law, is eligible to have the	124687
medicaid program pay for a part of the cost-sharing expenses if	124688
the provider determines that, under rules adopted under section	124689
~~5111.02~~5165.02 of the Revised Code, the nursing facility would	124690
not receive a medicaid payment for any part of the medicare	124691
cost-sharing expenses. In such a situation, a claim for the	124692
medicare cost-sharing expenses shall be considered to have been	124693
adjudicated at no payment.	124694

Sec. 5165.49. The department of medicaid may conduct a	124695
post-payment review of a claim submitted by a nursing facility	124696
provider and paid by the medicaid program to determine whether the	124697
provider was overpaid. The department shall provide the provider a	124698
written summary of the review's results. The review's results are	124699
not subject to an adjudication under Chapter 119. of the Revised	124700
Code; however, the provider may request that the medicaid director	124701
reconsider the review's results. The director shall reconsider the	124702
review's results on receipt of a request made in good faith. The	124703
department shall not deduct any amounts the department claims to	124704
be due from the provider as a result of the review from the	124705
provider's medicaid payments pursuant to section 5165.44 of the	124706
Revised Code until the conclusion of the director's	124707
reconsideration, if any, of the review.	124708

~~Sec. 5111.66.~~ Sec. 5165.50. An exiting operator or owner of a	124709
nursing facility ~~or intermediate care facility for the mentally~~	124710
~~retarded~~ participating in the medicaid program shall provide the	124711
department of ~~job and family services~~medicaid written notice of a	124712
facility closure~~, voluntary termination,~~ or voluntary withdrawal	124713
of participation not less than ninety days before the effective	124714
date of the facility closure~~, voluntary termination,~~ or voluntary	124715
withdrawal of participation. The written notice shall be provided	124716
to the department in accordance with the method specified in rules	124717
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	124718
Revised Code.	124719

The written notice shall include all of the following:

124720

(A) The name of the exiting operator and, if any, the exiting	124721
operator's authorized agent;	124722

(B) The name of the nursing facility ~~or intermediate care~~	124723
~~facility for the mentally retarded~~ that is the subject of the	124724
written notice;	124725

(C) The exiting operator's medicaid provider agreement number	124726
for the nursing facility that is the subject of the written	124727
notice;	124728

(D) The effective date of the facility closure~~, voluntary~~	124729
~~termination,~~ or voluntary withdrawal of participation;	124730

(E) The signature of the exiting operator's or owner's	124731
representative.	124732

~~Sec. 5111.661.~~ Sec. 5165.501. An operator shall comply with ~~section~~	124733
~~1919(c)(2)(F) of~~ the "Social Security Act," ~~79 Stat. 286 (1965)~~	124734
section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F) if the operator's	124735
nursing facility undergoes a voluntary withdrawal of	124736
participation.	124737

~~Sec. 5111.67.~~ Sec. 5165.51. (A) An exiting operator or owner and	124738
entering operator shall provide the department of ~~job and family~~	124739
~~services~~medicaid written notice of a change of operator if the	124740
nursing facility ~~or intermediate care facility for the mentally~~	124741
~~retarded~~ participates in the medicaid program and the entering	124742
operator seeks to continue the nursing facility's participation.	124743
The written notice shall be provided to the department in	124744
accordance with the method specified in rules ~~adopted under~~	124745
authorized by section ~~5111.689~~5165.53 of the Revised Code. The	124746
written notice shall be provided to the department not later than	124747
forty-five days before the effective date of the change of	124748
operator if the change of operator does not entail the relocation	124749
of residents. The written notice shall be provided to the	124750
department not later than ninety days before the effective date of	124751
the change of operator if the change of operator entails the	124752
relocation of residents.	124753

The written notice shall include all of the following:

124754

(1) The name of the exiting operator and, if any, the exiting	124755
operator's authorized agent;	124756

(2) The name of the nursing facility ~~or intermediate care~~	124757
~~facility for the mentally retarded~~ that is the subject of the	124758
change of operator;	124759

(3) The exiting operator's seven-digit medicaid legacy number	124760
and ten-digit national provider identifier number for the nursing	124761
facility that is the subject of the change of operator;	124762

(4) The name of the entering operator;

124763

(5) The effective date of the change of operator;

124764

(6) The manner in which the entering operator becomes the	124765
nursing facility's operator, including through sale, lease,	124766
merger, or other action;	124767

(7) If the manner in which the entering operator becomes the	124768
nursing facility's operator involves more than one step, a	124769
description of each step;	124770

(8) Written authorization from the exiting operator or owner	124771
and entering operator for the department to process a provider	124772
agreement for the entering operator;	124773

(9) The names and addresses of the persons to whom the	124774
department should send initial correspondence regarding the change	124775
of operator;	124776

(10) If the nursing facility also participates in the	124777
medicare program, notification of whether the entering operator	124778
intends to accept assignment of the exiting operator's medicare	124779
provider agreement;	124780

(11) The signature of the exiting operator's or owner's	124781
representative.	124782

(B) An exiting operator or owner and entering operator	124783
immediately shall provide the department written notice of any	124784
changes to information included in a written notice of a change of	124785
operator that occur after that notice is provided to the	124786
department. The notice of the changes shall be provided to the	124787
department in accordance with the method specified in rules	124788
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	124789
Revised Code.	124790

~~Sec. 5111.671.~~ Sec. 5165.511. The department of ~~job and family~~	124791
~~services~~medicaid may enter into a provider agreement with an	124792
entering operator that goes into effect at 12:01 a.m. on the	124793
effective date of the change of operator if all of the following	124794
requirements are met:	124795

(A) The department receives a properly completed written	124796
notice required by section ~~5111.67~~5165.51 of the Revised Code on	124797
or before the date required by that section.	124798

(B) The department receives both of the following in	124799
accordance with the method specified in rules ~~adopted under~~	124800
authorized by section ~~5111.689~~5165.53 of the Revised Code and not	124801
later than ten days after the effective date of the change of	124802
operator:	124803

(1) From the entering operator, a completed application for a	124804
provider agreement and all other forms and documents specified in	124805
rules ~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	124806
Revised Code;	124807

(2) From the exiting operator or owner, all forms and	124808
documents specified in rules ~~adopted under~~authorized by section	124809
~~5111.689~~5165.53 of the Revised Code.	124810

(C) The entering operator is eligible for medicaid payments	124811
as provided in section ~~5111.21~~5165.06 of the Revised Code.	124812

~~Sec. 5111.672.~~ Sec. 5165.512. (A) The department of ~~job and family~~	124813
~~services~~medicaid may enter into a provider agreement with an	124814
entering operator that goes into effect at 12:01 a.m. on the date	124815
determined under division (B) of this section if all of the	124816
following are the case:	124817

(1) The department receives a properly completed written	124818
notice required by section ~~5111.67~~5165.51 of the Revised Code.	124819

(2) The department receives, from the entering operator and	124820
in accordance with the method specified in rules ~~adopted under~~	124821
authorized by section ~~5111.689~~5165.53 of the Revised Code, a	124822
completed application for a provider agreement and all other forms	124823
and documents specified in rules adopted under that section.	124824

(3) The department receives, from the exiting operator or	124825
owner and in accordance with the method specified in rules ~~adopted~~	124826
~~under~~authorized by section ~~5111.689~~5165.53 of the Revised Code,	124827
all forms and documents specified in rules adopted under that	124828
section.	124829

(4) One or more of the following apply:

124830

(a) The requirement of division (A)(1) of this section is met	124831
after the time required by section ~~5111.67~~5165.51 of the Revised	124832
Code;	124833

(b) The requirement of division (A)(2) of this section is met	124834
more than ten days after the effective date of the change of	124835
operator;	124836

(c) The requirement of division (A)(3) of this section is met	124837
more than ten days after the effective date of the change of	124838
operator.	124839

(5) The entering operator is eligible for medicaid payments	124840
as provided in section ~~5111.21~~5165.06 of the Revised Code.	124841

(B) The department shall determine the date a provider	124842
agreement entered into under this section is to go into effect as	124843
follows:	124844

(1) The effective date shall give the department sufficient	124845
time to process the change of operator, assure no duplicate	124846
payments are made, and make the withholding required by section	124847
~~5111.681~~5165.521 of the Revised Code.	124848

(2) The effective date shall be not earlier than the latest	124849
of the following:	124850

(a) The effective date of the change of operator;

124851

(b) The date that the entering operator complies with section	124852
~~5111.67~~5165.51 of the Revised Code and division (A)(2) of this	124853
section;	124854

(c) The date that the exiting operator or owner complies with	124855
section ~~5111.67~~5165.51 of the Revised Code and division (A)(3) of	124856
this section.	124857

(3) The effective date shall be not later than the following	124858
after the later of the dates specified in division (B)(2) of this	124859
section:	124860

(a) Forty-five days if the change of operator does not entail	124861
the relocation of residents;	124862

(b) Ninety days if the change of operator entails the	124863
relocation of residents.	124864

~~Sec. 5111.673.~~ Sec. 5165.513. (A) A provider that enters into a	124865
provider agreement with the department of ~~job and family services~~	124866
medicaid under section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of	124867
the Revised Code shall do all of the following:	124868

~~(A)~~(1) Comply with all applicable federal statutes and	124869
regulations;	124870

~~(B)~~(2) Comply with section ~~5111.22~~5165.07 of the Revised	124871
Code and all other applicable state statutes and rules;	124872

~~(C) Comply~~(3) Subject to division (B) of this section,	124873
comply with all the terms and conditions of the exiting operator's	124874
provider agreement, including, but not limited to, all of the	124875
following:	124876

~~(1)~~(a) Any plan of correction;

124877

~~(2)~~(b) Compliance with health and safety standards;

124878

~~(3)~~(c) Compliance with the ownership and financial interest	124879
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	124880

~~(4)~~(d) Compliance with the civil rights requirements of 45	124881
C.F.R. parts 80, 84, and 90;	124882

~~(5)~~(e) Compliance with additional requirements imposed by the	124883
department;	124884

~~(6)~~(f) Any sanctions relating to remedies for violation of	124885
the provider agreement, including deficiencies, compliance	124886
periods, accountability periods, monetary penalties, notification	124887
for correction of contract violations, and history of	124888
deficiencies.	124889

(B) Division (A)(3) of this section does not prohibit a	124890
nursing facility provider from excluding one or more parts of the	124891
nursing facility from the provider agreement pursuant to division	124892
(B)(1) of section 5165.08 of the Revised Code.	124893

~~Sec. 5111.674.~~ Sec. 5165.514. In the case of a change of operator,	124894
the exiting operator shall be considered to be the operator of the	124895
nursing facility ~~or intermediate care facility for the mentally~~	124896
~~retarded~~ for purposes of the medicaid program, including medicaid	124897
payments, until the effective date of the entering operator's	124898
provider agreement if the provider agreement is entered into under	124899
section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of the Revised	124900
Code.	124901

~~Sec. 5111.675.~~ Sec. 5165.515. The department of ~~job and family~~	124902
~~services~~medicaid may enter into a provider agreement as provided	124903
in section ~~5111.22~~5165.07 of the Revised Code, rather than	124904
section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of the Revised	124905
Code, with an entering operator if the entering operator does not	124906
agree to a provider agreement that satisfies the requirements of	124907
division ~~(C)~~(A)(3) of section ~~5111.673~~5165.513 of the Revised	124908
Code. The department may not enter into the provider agreement	124909
unless the department of health certifies the nursing facility or	124910
~~intermediate care facility for the mentally retarded under Title~~	124911
~~XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	124912
~~1396, as amended~~for participation in medicaid. The effective date	124913
of the provider agreement shall not precede any of the following:	124914

(A) The date that the department of health certifies the	124915
nursing facility;	124916

(B) The effective date of the change of operator;

124917

(C) The date the requirement of section ~~5111.67~~5165.51 of	124918
the Revised Code is satisfied.	124919

~~Sec. 5111.676.~~ Sec. 5165.516. The medicaid director ~~of job and~~	124920
~~family services~~ may adopt rules ~~in accordance with Chapter 119.~~	124921
under section 5165.02 of the Revised Code governing adjustments	124922
to the medicaid ~~reimbursement~~payment rate for a nursing facility	124923
~~or intermediate care facility for the mentally retarded~~ that	124924
undergoes a change of operator. No rate adjustment resulting from	124925
a change of operator shall be effective before the effective date	124926
of the entering operator's provider agreement. This is the case	124927
regardless of whether the provider agreement is entered into under	124928
section ~~5111.671~~5165.511, section ~~5111.672~~5165.512, or, pursuant	124929
to section ~~5111.675~~5165.515, section ~~5111.22~~5165.07 of the	124930
Revised Code.	124931

~~Sec. 5111.677.~~ Sec. 5165.517. ~~Neither of the following~~The	124932
department of health's determination that a change of operator has	124933
or has not occurred for purposes of licensure under Chapter 3721.	124934
of the Revised Code shall not affect the department of ~~job and~~	124935
~~family services'~~medicaid's determination of whether or when a	124936
change of operator occurs or the effective date of an entering	124937
operator's provider agreement under section ~~5111.671~~5165.511,	124938
section ~~5111.672~~5165.512, or, pursuant to section ~~5111.675~~	124939
5165.515, section ~~5111.22~~5165.07 of the Revised Code:	124940

~~(A) The department of health's determination that a change of~~	124941
~~operator has or has not occurred for purposes of licensure under~~	124942
~~Chapter 3721. of the Revised Code;~~	124943

~~(B) The department of developmental disabilities'~~	124944
~~determination that a change of operator has or has not occurred~~	124945
~~for purposes of licensure under section 5123.19 of the Revised~~	124946
~~Code~~.	124947

~~Sec. 5111.68.~~ Sec. 5165.52. (A) On receipt of a written notice	124948
under section ~~5111.66~~5165.50 of the Revised Code of a facility	124949
closure~~, voluntary termination,~~ or voluntary withdrawal of	124950
participation, on receipt of a written notice under section	124951
~~5111.67~~5165.51 of the Revised Code of a change of operator, or on	124952
the effective date of an involuntary termination, the department	124953
of ~~job and family services~~medicaid shall estimate the amount of	124954
any overpayments made under the medicaid program to the exiting	124955
operator, including overpayments the exiting operator disputes,	124956
and other actual and potential debts the exiting operator owes or	124957
may owe to the department and United States centers for medicare	124958
and medicaid services under the medicaid program, including a	124959
franchise permit fee.	124960

(B) In estimating the exiting operator's other actual and	124961
potential debts to the department and the United States centers	124962
for medicare and medicaid services under the medicaid program, the	124963
department shall use a debt estimation methodology the medicaid	124964
director ~~of job and family services~~ shall establish in rules	124965
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	124966
Revised Code. The methodology shall provide for estimating all of	124967
the following that the department determines are applicable:	124968

(1) Refunds due the department under section ~~5111.27~~5165.41	124969
of the Revised Code;	124970

(2) Interest owed to the department and United States centers	124971
for medicare and medicaid services;	124972

(3) Final civil monetary and other penalties for which all	124973
right of appeal has been exhausted;	124974

(4) Money owed the department and United States centers for	124975
medicare and medicaid services from any outstanding final fiscal	124976
audit, including a final fiscal audit for the last fiscal year or	124977
portion thereof in which the exiting operator participated in the	124978
medicaid program;	124979

(5) Other amounts the department determines are applicable.

124980

(C) The department shall provide the exiting operator written	124981
notice of the department's estimate under division (A) of this	124982
section not later than thirty days after the department receives	124983
the notice under section ~~5111.66~~5165.50 of the Revised Code of	124984
the facility closure~~, voluntary termination,~~ or voluntary	124985
withdrawal of participation; the department receives the notice	124986
under section ~~5111.67~~5165.51 of the Revised Code of the change	124987
of operator; or the effective date of the involuntary termination.	124988
The department's written notice shall include the basis for the	124989
estimate.	124990

~~Sec. 5111.681.~~ Sec. 5165.521. (A) Except as provided in divisions	124991
(B), (C), and (D) of this section, the department of ~~job and~~	124992
~~family services~~medicaid may withhold from payment due an exiting	124993
operator under the medicaid program the total amount specified in	124994
the notice provided under division (C) of section ~~5111.68~~5165.52	124995
of the Revised Code that the exiting operator owes or may owe to	124996
the department and United States centers for medicare and medicaid	124997
services under the medicaid program.	124998

(B) In the case of a change of operator and subject to	124999
division (E) of this section, the following shall apply regarding	125000
a withholding under division (A) of this section if the exiting	125001
operator or entering operator or an affiliated operator executes a	125002
successor liability agreement meeting the requirements of division	125003
(F) of this section:	125004

(1) If the exiting operator, entering operator, or affiliated	125005
operator assumes liability for the total, actual amount of debt	125006
the exiting operator owes the department and the United States	125007
centers for medicare and medicaid services under the medicaid	125008
program as determined under section ~~5111.685~~5165.525 of the	125009
Revised Code, the department shall not make the withholding.	125010

(2) If the exiting operator, entering operator, or affiliated	125011
operator assumes liability for only the portion of the amount	125012
specified in division (B)(1) of this section that represents the	125013
franchise permit fee the exiting operator owes, the department	125014
shall withhold not more than the difference between the total	125015
amount specified in the notice provided under division (C) of	125016
section ~~5111.68~~5165.52 of the Revised Code and the amount for	125017
which the exiting operator, entering operator, or affiliated	125018
operator assumes liability.	125019

(C) In the case of a ~~voluntary termination,~~ voluntary	125020
withdrawal of participation, or facility closure and subject to	125021
division (E) of this section, the following shall apply regarding	125022
a withholding under division (A) of this section if the exiting	125023
operator or an affiliated operator executes a successor liability	125024
agreement meeting the requirements of division (F) of this	125025
section:	125026

(1) If the exiting operator or affiliated operator assumes	125027
liability for the total, actual amount of debt the exiting	125028
operator owes the department and the United States centers for	125029
medicare and medicaid services under the medicaid program as	125030
determined under section ~~5111.685~~5165.525 of the Revised Code,	125031
the department shall not make the withholding.	125032

(2) If the exiting operator or affiliated operator assumes	125033
liability for only the portion of the amount specified in division	125034
(C)(1) of this section that represents the franchise permit fee	125035
the exiting operator owes, the department shall withhold not more	125036
than the difference between the total amount specified in the	125037
notice provided under division (C) of section ~~5111.68~~5165.52 of	125038
the Revised Code and the amount for which the exiting operator or	125039
affiliated operator assumes liability.	125040

(D) In the case of an involuntary termination and subject to	125041
division (E) of this section, the following shall apply regarding	125042
a withholding under division (A) of this section if the exiting	125043
operator, the entering operator, or an affiliated operator	125044
executes a successor liability agreement meeting the requirements	125045
of division (F) of this section and the department approves the	125046
successor liability agreement:	125047

(1) If the exiting operator, entering operator, or affiliated	125048
operator assumes liability for the total, actual amount of debt	125049
the exiting operator owes the department and the United States	125050
centers for medicare and medicaid services under the medicaid	125051
program as determined under section ~~5111.685~~5165.525 of the	125052
Revised Code, the department shall not make the withholding.	125053

(2) If the exiting operator, entering operator, or affiliated	125054
operator assumes liability for only the portion of the amount	125055
specified in division (D)(1) of this section that represents the	125056
franchise permit fee the exiting operator owes, the department	125057
shall withhold not more than the difference between the total	125058
amount specified in the notice provided under division (C) of	125059
section ~~5111.68~~5165.52 of the Revised Code and the amount for	125060
which the exiting operator, entering operator, or affiliated	125061
operator assumes liability.	125062

(E) For an exiting operator or affiliated operator to be	125063
eligible to enter into a successor liability agreement under	125064
division (B), (C), or (D) of this section, both of the following	125065
must apply:	125066

(1) The exiting operator or affiliated operator must have one	125067
or more valid provider agreements, other than the provider	125068
agreement for the nursing facility ~~or intermediate care facility~~	125069
~~for the mentally retarded~~ that is the subject of the involuntary	125070
termination, ~~voluntary termination,~~ voluntary withdrawal of	125071
participation, facility closure, or change of operator;	125072

(2) During the twelve-month period preceding either the	125073
effective date of the involuntary termination or the month in	125074
which the department receives the notice of the ~~voluntary~~	125075
~~termination,~~ voluntary withdrawal of participation, or facility	125076
closure under section ~~5111.66~~5165.50 of the Revised Code or the	125077
notice of the change of operator under section ~~5111.67~~5165.51 of	125078
the Revised Code, the average monthly medicaid payment made to the	125079
exiting operator or affiliated operator pursuant to the exiting	125080
operator's or affiliated operator's one or more provider	125081
agreements, other than the provider agreement for the nursing	125082
facility ~~or intermediate care facility for the mentally retarded~~	125083
that is the subject of the involuntary termination, ~~voluntary~~	125084
~~termination,~~ voluntary withdrawal of participation, facility	125085
closure, or change of operator, must equal at least ninety per	125086
cent of the sum of the following:	125087

(a) The average monthly medicaid payment made to the exiting	125088
operator pursuant to the exiting operator's provider agreement for	125089
the nursing facility ~~or intermediate care facility for the~~	125090
~~mentally retarded~~ that is the subject of the involuntary	125091
termination, ~~voluntary termination,~~ voluntary withdrawal of	125092
participation, facility closure, or change of operator;	125093

(b) Whichever of the following apply:

125094

(i) If the exiting operator or affiliated operator has	125095
assumed liability under one or more other successor liability	125096
agreements, the total amount for which the exiting operator or	125097
affiliated operator has assumed liability under the other	125098
successor liability agreements;	125099

(ii) If the exiting operator or affiliated operator has not	125100
assumed liability under any other successor liability agreements,	125101
zero.	125102

(F) A successor liability agreement executed under this	125103
section must comply with all of the following:	125104

(1) It must provide for the operator who executes the	125105
successor liability agreement to assume liability for either of	125106
the following as specified in the agreement:	125107

(a) The total, actual amount of debt the exiting operator	125108
owes the department and the United States centers for medicare and	125109
medicaid services under the medicaid program as determined under	125110
section ~~5111.685~~5165.525 of the Revised Code;	125111

(b) The portion of the amount specified in division (F)(1)(a)	125112
of this section that represents the franchise permit fee the	125113
exiting operator owes.	125114

(2) It may not require the operator who executes the	125115
successor liability agreement to furnish a surety bond.	125116

(3) It must provide that the department, after determining	125117
under section ~~5111.685~~5165.525 of the Revised Code the actual	125118
amount of debt the exiting operator owes the department and United	125119
States centers for medicare and medicaid services under the	125120
medicaid program, may deduct the lesser of the following from	125121
medicaid payments made to the operator who executes the successor	125122
liability agreement:	125123

(a) The total, actual amount of debt the exiting operator	125124
owes the department and the United States centers for medicare and	125125
medicaid services under the medicaid program as determined under	125126
section ~~5111.685~~5165.525 of the Revised Code;	125127

(b) The amount for which the operator who executes the	125128
successor liability agreement assumes liability under the	125129
agreement.	125130

(4) It must provide that the deductions authorized by	125131
division (F)(3) of this section are to be made for a number of	125132
months, not to exceed six, agreed to by the operator who executes	125133
the successor liability agreement and the department or, if the	125134
operator who executes the successor liability agreement and	125135
department cannot agree on a number of months that is less than	125136
six, a greater number of months determined by the attorney general	125137
pursuant to a claims collection process authorized by statute of	125138
this state.	125139

(5) It must provide that, if the attorney general determines	125140
the number of months for which the deductions authorized by	125141
division (F)(3) of this section are to be made, the operator who	125142
executes the successor liability agreement shall pay, in addition	125143
to the amount collected pursuant to the attorney general's claims	125144
collection process, the part of the amount so collected that, if	125145
not for division (H) of this section, would be required by section	125146
109.081 of the Revised Code to be paid into the attorney general	125147
claims fund.	125148

(G) Execution of a successor liability agreement does not	125149
waive an exiting operator's right to contest the amount specified	125150
in the notice the department provides the exiting operator under	125151
division (C) of section ~~5111.68~~5165.52 of the Revised Code.	125152

(H) Notwithstanding section 109.081 of the Revised Code, the	125153
entire amount that the attorney general, whether by employees or	125154
agents of the attorney general or by special counsel appointed	125155
pursuant to section 109.08 of the Revised Code, collects under a	125156
successor liability agreement, other than the additional amount	125157
the operator who executes the agreement is required by division	125158
(F)(5) of this section to pay, shall be paid to the department of	125159
~~job and family services~~medicaid for deposit into the appropriate	125160
fund. The additional amount that the operator is required to pay	125161
shall be paid into the state treasury to the credit of the	125162
attorney general claims fund created under section 109.081 of the	125163
Revised Code.	125164

~~Sec. 5111.682.~~ Sec. 5165.522. (A) Except as provided in division	125165
(B) of this section, an exiting operator shall file with the	125166
department of ~~job and family services~~medicaid a cost report not	125167
later than ninety days after the last day the exiting operator's	125168
provider agreement is in effect or, in the case of a voluntary	125169
withdrawal of participation, the effective date of the voluntary	125170
withdrawal of participation. The cost report shall cover the	125171
period that begins with the day after the last day covered by the	125172
operator's most recent previous cost report required by section	125173
~~5111.26~~5165.10 of the Revised Code and ends on the last day the	125174
exiting operator's provider agreement is in effect or, in the case	125175
of a voluntary withdrawal of participation, the effective date of	125176
the voluntary withdrawal of participation. The cost report shall	125177
include, as applicable, all of the following:	125178

(1) The sale price of the nursing facility ~~or intermediate~~	125179
~~care facility for the mentally retarded~~;	125180

(2) A final depreciation schedule that shows which assets are	125181
transferred to the buyer and which assets are not transferred to	125182
the buyer;	125183

(3) Any other information the department requires.

125184

(B) The department, at its sole discretion, may waive the	125185
requirement that an exiting operator file a cost report in	125186
accordance with division (A) of this section.	125187

~~Sec. 5111.683.~~ Sec. 5165.523. If an exiting operator required by	125188
section ~~5111.682~~5165.522 of the Revised Code to file a cost	125189
report with the department of ~~job and family services~~medicaid	125190
fails to file the cost report in accordance with that section, all	125191
payments under the medicaid program for the period the cost report	125192
is required to cover are deemed overpayments until the date the	125193
department receives the properly completed cost report. The	125194
department may impose on the exiting operator a penalty of one	125195
hundred dollars for each calendar day the properly completed cost	125196
report is late.	125197

~~Sec. 5111.684.~~ Sec. 5165.524. The department of ~~job and family~~	125198
~~services~~medicaid may not provide an exiting operator final	125199
payment under the medicaid program until the department receives	125200
all properly completed cost reports the exiting operator is	125201
required to file under sections ~~5111.26~~5165.10 and ~~5111.682~~	125202
5165.522 of the Revised Code.	125203

~~Sec. 5111.685.~~ Sec. 5165.525. The department of ~~job and family~~	125204
~~services~~medicaid shall determine the actual amount of debt an	125205
exiting operator owes the department and the United States centers	125206
for medicare and medicaid services under the medicaid program by	125207
completing all final fiscal audits not already completed and	125208
performing all other appropriate actions the department determines	125209
to be necessary. The department shall issue an initial debt	125210
summary report on this matter not later than sixty days after the	125211
date the exiting operator files the properly completed cost report	125212
required by section ~~5111.682~~5165.522 of the Revised Code with the	125213
department or, if the department waives the cost report	125214
requirement for the exiting operator, sixty days after the date	125215
the department waives the cost report requirement. The initial	125216
debt summary report becomes the final debt summary report	125217
thirty-one days after the department issues the initial debt	125218
summary report unless the exiting operator, or an affiliated	125219
operator who executes a successor liability agreement under	125220
section ~~5111.681~~5165.521 of the Revised Code, requests a review	125221
before that date.	125222

The exiting operator, and an affiliated operator who executes	125223
a successor liability agreement under section ~~5111.681~~5165.521 of	125224
the Revised Code, may request a review to contest any of the	125225
department's findings included in the initial debt summary report.	125226
The request for the review must be submitted to the department not	125227
later than thirty days after the date the department issues the	125228
initial debt summary report. The department shall conduct the	125229
review on receipt of a timely request and issue a revised debt	125230
summary report. If the department has withheld money from payment	125231
due the exiting operator under division (A) of section ~~5111.681~~	125232
5165.521 of the Revised Code, the department shall issue the	125233
revised debt summary report not later than ninety days after the	125234
date the department receives the timely request for the review	125235
unless the department and exiting operator or affiliated operator	125236
agree to a later date. The exiting operator or affiliated operator	125237
may submit information to the department explaining what the	125238
operator contests before and during the review, including	125239
documentation of the amount of any debt the department owes the	125240
operator. The exiting operator or affiliated operator may submit	125241
additional information to the department not later than thirty	125242
days after the department issues the revised debt summary report.	125243
The revised debt summary report becomes the final debt summary	125244
report thirty-one days after the department issues the revised	125245
debt summary report unless the exiting operator or affiliated	125246
operator timely submits additional information to the department.	125247
If the exiting operator or affiliated operator timely submits	125248
additional information to the department, the department shall	125249
consider the additional information and issue a final debt summary	125250
report not later than sixty days after the department issues the	125251
revised debt summary report unless the department and exiting	125252
operator or affiliated operator agree to a later date.	125253

Each debt summary report the department issues under this	125254
section shall include the department's findings and the amount of	125255
debt the department determines the exiting operator owes the	125256
department and United States centers for medicare and medicaid	125257
services under the medicaid program. The department shall explain	125258
its findings and determination in each debt summary report.	125259

The exiting operator, and an affiliated operator who executes	125260
a successor liability agreement under section ~~5111.681~~5165.521 of	125261
the Revised Code, may request, in accordance with Chapter 119. of	125262
the Revised Code, an adjudication regarding a finding in a final	125263
debt summary report that pertains to an audit or alleged	125264
overpayment made under the medicaid program to the exiting	125265
operator. The adjudication shall be consolidated with any other	125266
uncompleted adjudication that concerns a matter addressed in the	125267
final debt summary report.	125268

~~Sec. 5111.686.~~ Sec. 5165.526. The department of ~~job and family~~	125269
~~services~~medicaid shall release the actual amount withheld under	125270
division (A) of section ~~5111.681~~5165.521 of the Revised Code,	125271
less any amount the exiting operator owes the department and	125272
United States centers for medicare and medicaid services under the	125273
medicaid program, as follows:	125274

(A) Unless the department issues the initial debt summary	125275
report required by section ~~5111.685~~5165.525 of the Revised Code	125276
not later than sixty days after the date the exiting operator	125277
files the properly completed cost report required by section	125278
~~5111.682~~5165.522 of the Revised Code, sixty-one days after the	125279
date the exiting operator files the properly completed cost	125280
report;	125281

(B) If the department issues the initial debt summary report	125282
required by section ~~5111.685~~5165.525 of the Revised Code not	125283
later than sixty days after the date the exiting operator files a	125284
properly completed cost report required by section ~~5111.682~~	125285
5165.522 of the Revised Code, not later than the following:	125286

(1) Thirty days after the deadline for requesting an	125287
adjudication under section ~~5111.685~~5165.525 of the Revised Code	125288
regarding the final debt summary report if the exiting operator,	125289
and an affiliated operator who executes a successor liability	125290
agreement under section ~~5111.681~~5165.521 of the Revised Code,	125291
fail to request the adjudication on or before the deadline;	125292

(2) Thirty days after the completion of an adjudication of	125293
the final debt summary report if the exiting operator, or an	125294
affiliated operator who executes a successor liability agreement	125295
under section ~~5111.681~~5165.521 of the Revised Code, requests the	125296
adjudication on or before the deadline for requesting the	125297
adjudication.	125298

(C) Unless the department issues the initial debt summary	125299
report required by section ~~5111.685~~5165.525 of the Revised Code	125300
not later than sixty days after the date the department waives the	125301
cost report requirement of section ~~5111.682~~5165.522 of the	125302
Revised Code, sixty-one days after the date the department waives	125303
the cost report requirement;	125304

(D) If the department issues the initial debt summary report	125305
required by section ~~5111.685~~5165.525 of the Revised Code not	125306
later than sixty days after the date the department waives the	125307
cost report requirement of section ~~5111.682~~5165.522 of the	125308
Revised Code, not later than the following:	125309

(1) Thirty days after the deadline for requesting an	125310
adjudication under section ~~5111.685~~5165.525 of the Revised Code	125311
regarding the final debt summary report if the exiting operator,	125312
and an affiliated operator who executes a successor liability	125313
agreement under section ~~5111.681~~5165.521 of the Revised Code,	125314
fail to request the adjudication on or before the deadline;	125315

(2) Thirty days after the completion of an adjudication of	125316
the final debt summary report if the exiting operator, or an	125317
affiliated operator who executes a successor liability agreement	125318
under section ~~5111.681~~5165.521 of the Revised Code, requests the	125319
adjudication on or before the deadline for requesting the	125320
adjudication.	125321

~~Sec. 5111.687.~~ Sec. 5165.527. The department of ~~job and family~~	125322
~~services~~medicaid, at its sole discretion, may release the amount	125323
withheld under division (A) of section ~~5111.681~~5165.521 of the	125324
Revised Code if the exiting operator submits to the department	125325
written notice of a postponement of a change of operator, facility	125326
closure, ~~voluntary termination,~~ or voluntary withdrawal of	125327
participation and the transactions leading to the change of	125328
operator, facility closure, ~~voluntary termination,~~ or voluntary	125329
withdrawal of participation are postponed for at least thirty days	125330
but less than ninety days after the date originally proposed for	125331
the change of operator, facility closure, ~~voluntary termination,~~	125332
or voluntary withdrawal of participation as reported in the	125333
written notice required by section ~~5111.66~~5165.50 or ~~5111.67~~	125334
5165.51 of the Revised Code. The department shall release the	125335
amount withheld if the exiting operator submits to the department	125336
written notice of a cancellation or postponement of a change of	125337
operator, facility closure, ~~voluntary termination,~~ or voluntary	125338
withdrawal of participation and the transactions leading to the	125339
change of operator, facility closure, ~~voluntary termination,~~ or	125340
voluntary withdrawal of participation are canceled or postponed	125341
for more than ninety days after the date originally proposed for	125342
the change of operator, facility closure, ~~voluntary termination,~~	125343
or voluntary withdrawal of participation as reported in the	125344
written notice required by section ~~5111.66~~5165.50 or ~~5111.67~~	125345
5165.51 of the Revised Code. A written notice shall be provided to	125346
the department in accordance with the method specified in rules	125347
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	125348
Revised Code.	125349

After the department receives a written notice regarding a	125350
cancellation or postponement of a facility closure~~, voluntary~~	125351
~~termination,~~ or voluntary withdrawal of participation, the exiting	125352
operator or owner shall provide new written notice to the	125353
department under section ~~5111.66~~5165.50 of the Revised Code	125354
regarding any transactions leading to a facility closure,	125355
~~voluntary termination,~~ or voluntary withdrawal of participation at	125356
a future time. After the department receives a written notice	125357
regarding a cancellation or postponement of a change of operator,	125358
the exiting operator or owner and entering operator shall provide	125359
new written notice to the department under section ~~5111.67~~5165.51	125360
of the Revised Code regarding any transactions leading to a change	125361
of operator at a future time.	125362

~~Sec. 5111.688.~~ Sec. 5165.528. (A) All amounts withheld under	125363
section ~~5111.681~~5165.521 of the Revised Code from payment due an	125364
exiting operator under the medicaid program shall be deposited	125365
into the medicaid payment withholding fund created by the	125366
controlling board pursuant to section 131.35 of the Revised Code.	125367
Money in the fund shall be used as follows:	125368

(1) To pay an exiting operator when a withholding is released	125369
to the exiting operator under section ~~5111.686~~5165.526 or	125370
~~5111.687~~5165.527 of the Revised Code;	125371

(2) To pay the department of ~~job and family services~~medicaid	125372
and United States centers for medicare and medicaid services the	125373
amount an exiting operator owes the department and United States	125374
centers under the medicaid program.	125375

(B) Amounts paid from the medicaid payment withholding fund	125376
pursuant to division (A)(2) of this section shall be deposited	125377
into the appropriate department fund.	125378

~~Sec. 5111.689.~~ Sec. 5165.53. The medicaid director ~~of job and~~	125379
~~family services~~ shall adopt rules under section ~~5111.02~~5165.02 of	125380
the Revised Code to implement sections ~~5111.65~~5165.50 to ~~5111.689~~	125381
5165.53 of the Revised Code, including rules applicable to an	125382
exiting operator that provides written notification under section	125383
~~5111.66~~5165.50 of the Revised Code of a voluntary withdrawal of	125384
participation. Rules adopted under this section shall comply with	125385
~~section 1919(c)(2)(F) of~~ the "Social Security Act," ~~79 Stat. 286~~	125386
~~(1965)~~section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F), regarding	125387
restrictions on transfers or discharges of nursing facility	125388
residents in the case of a voluntary withdrawal of participation.	125389
The rules may prescribe a medicaid ~~reimbursement~~payment	125390
methodology and other procedures that are applicable after the	125391
effective date of a voluntary withdrawal of participation that	125392
differ from the ~~reimbursement~~payment methodology and other	125393
procedures that would otherwise apply. The rules shall specify all	125394
of the following:	125395

(A) The method by which written notices to the department	125396
required by sections ~~5111.65~~5165.50 to ~~5111.689~~5165.53 of the	125397
Revised Code are to be provided;	125398

(B) The forms and documents that are to be provided to the	125399
department of medicaid under sections ~~5111.671~~5165.511 and	125400
~~5111.672~~5165.512 of the Revised Code, which shall include, in the	125401
case of such forms and documents provided by entering operators,	125402
all the fully executed leases, management agreements, merger	125403
agreements and supporting documents, and fully executed sales	125404
contracts and any other supporting documents culminating in the	125405
change of operator;	125406

(C) The method by which the forms and documents identified in	125407
division (B) of this section are to be provided to the department.	125408

~~Sec. 5111.35.~~ Sec. 5165.60. As used in this section, "a resident's	125409
rights" means the rights of a nursing facility resident under	125410
sections 3721.10 to 3721.17 of the Revised Code ~~and subsection (c)~~	125411
~~of section 1819 or 1919 of~~, the "Social Security Act," ~~49 Stat.~~	125412
~~620 (1935)~~sections 1819(c) and 1919(c), 42 U.S.C.~~A. 301, as~~	125413
~~amended~~1395i-3(c) and 1396r(c), and federal regulations issued	125414
under those ~~subsections~~sections of the "Social Security Act."	125415

As used in sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	125416
Revised Code:	125417

(A) "Certification requirements" means the requirements for	125418
nursing facilities established under ~~sections 1819 and 1919 of~~ the	125419
"Social Security Act.," sections 1819 and 1919, 42 U.S.C. 1395i-3	125420
and 1396r.	125421

(B) "Compliance" means substantially meeting all applicable	125422
certification requirements.	125423

(C) "Contracting agency" means a state agency that has	125424
entered into a contract with the department of ~~job and family~~	125425
~~services~~medicaid under section ~~5111.38~~5165.63 of the Revised	125426
Code.	125427

(D)(1) "Deficiency" means a finding cited by the department	125428
of health during a survey, on the basis of one or more actions,	125429
practices, situations, or incidents occurring at a nursing	125430
facility, that constitutes a severity level three finding,	125431
severity level four finding, scope level three finding, or scope	125432
level four finding. Whenever the finding is a repeat finding,	125433
"deficiency" also includes any finding that is a severity level	125434
two and scope level one finding, a severity level two and scope	125435
level two finding, or a severity level one and scope level two	125436
finding.	125437

(2) "Cluster of deficiencies" means deficiencies that result	125438
from noncompliance with two or more certification requirements and	125439
are causing or resulting from the same action, practice,	125440
situation, or incident.	125441

(E) "Emergency" means either of the following:

125442

(1) A deficiency or cluster of deficiencies that creates a	125443
condition of immediate jeopardy;	125444

(2) An unexpected situation or sudden occurrence of a serious	125445
or urgent nature that creates a substantial likelihood that one or	125446
more residents of a nursing facility may be seriously harmed if	125447
allowed to remain in the facility, including the following:	125448

(a) A flood or other natural disaster, civil disaster, or	125449
similar event;	125450

(b) A labor strike that suddenly causes the number of staff	125451
members in a nursing facility to be below that necessary for	125452
resident care.	125453

(F) "Finding" means a finding of noncompliance with	125454
certification requirements determined by the department of health	125455
under section ~~5111.41~~5165.66 of the Revised Code.	125456

(G) "Immediate jeopardy" means that one or more residents of	125457
a nursing facility are in imminent danger of serious physical or	125458
life-threatening harm.	125459

(H) "Medicaid eligible resident" means a person who is a	125460
resident of a nursing facility, or is applying for admission to a	125461
nursing facility, and is eligible ~~to receive financial assistance~~	125462
for nursing facility services under the ~~medical assistance~~	125463
medicaid program ~~for the care the person receives in such a~~	125464
~~facility~~.	125465

(I) "Noncompliance" means failure to substantially meet all	125466
applicable certification requirements.	125467

(J) "Nursing facility" ~~has the same meaning as in section~~	125468
~~5111.20 of the Revised Code~~includes a skilled nursing facility to	125469
the extent the context requires.	125470

(K) ~~"Provider" means a person, institution, or entity that~~	125471
~~furnishes nursing facility services under a medical assistance~~	125472
~~program provider agreement.~~	125473

~~(L) "Provider agreement" means a contract between the~~	125474
~~department of job and family services and a provider for the~~	125475
~~provision of nursing facility services under the medicaid program.~~	125476

~~(M)~~ "Repeat finding" or "repeat deficiency" means a finding	125477
or deficiency cited pursuant to a survey, to which both of the	125478
following apply:	125479

(1) The finding or deficiency involves noncompliance with the	125480
same certification requirement, and the same kind of actions,	125481
practices, situations, or incidents caused by or resulting from	125482
the noncompliance, as were cited in the immediately preceding	125483
standard survey or another survey conducted subsequent to the	125484
immediately preceding standard survey of the facility. For	125485
purposes of this division, actions, practices, situations, or	125486
incidents may be of the same kind even though they involve	125487
different residents, staff, or parts of the facility.	125488

(2) The finding or deficiency is cited subsequent to a	125489
determination by the department of health that the finding or	125490
deficiency cited on the immediately preceding standard survey, or	125491
another survey conducted subsequent to the immediately preceding	125492
standard survey, had been corrected.	125493

~~(N)~~(L)(1) "Scope level one finding" means a finding of	125494
noncompliance by a nursing facility in which the actions,	125495
situations, practices, or incidents causing or resulting from the	125496
noncompliance affect one or a very limited number of facility	125497
residents and involve one or a very limited number of facility	125498
staff members.	125499

(2) "Scope level two finding" means a finding of	125500
noncompliance by a nursing facility in which the actions,	125501
situations, practices, or incidents causing or resulting from the	125502
noncompliance affect more than a limited number of facility	125503
residents or involve more than a limited number of facility staff	125504
members, but the number or percentage of facility residents	125505
affected or staff members involved and the number or frequency of	125506
the actions, situations, practices, or incidents in short	125507
succession does not establish any reasonable degree of	125508
predictability of similar actions, situations, practices, or	125509
incidents occurring in the future.	125510

(3) "Scope level three finding" means a finding of	125511
noncompliance by a nursing facility in which the actions,	125512
situations, practices, or incidents causing or resulting from the	125513
noncompliance affect more than a limited number of facility	125514
residents or involve more than a limited number of facility staff	125515
members, and the number or percentage of facility residents	125516
affected or staff members involved or the number or frequency of	125517
the actions, situations, practices, or incidents in short	125518
succession establishes a reasonable degree of predictability of	125519
similar actions, situations, practices, or incidents occurring in	125520
the future.	125521

(4) "Scope level four finding" means a finding of	125522
noncompliance by a nursing facility causing or resulting from	125523
actions, situations, practices, or incidents that involve a	125524
sufficient number or percentage of facility residents or staff	125525
members or occur with sufficient regularity over time that the	125526
noncompliance can be considered systemic or pervasive in the	125527
facility.	125528

~~(O)~~(M)(1) "Severity level one finding" means a finding of	125529
noncompliance by a nursing facility that has not caused and, if	125530
continued, is unlikely to cause physical harm to a facility	125531
resident, mental or emotional harm to a resident, or a violation	125532
of a resident's rights that results in physical, mental, or	125533
emotional harm to the resident.	125534

(2) "Severity level two finding" means a finding of	125535
noncompliance by a nursing facility that, if continued over time,	125536
will cause, or is likely to cause, physical harm to a facility	125537
resident, mental or emotional harm to a resident, or a violation	125538
of a resident's rights that results in physical, mental, or	125539
emotional harm to the resident.	125540

(3) "Severity level three finding" means a finding of	125541
noncompliance by a nursing facility that has caused physical harm	125542
to a facility resident, mental or emotional harm to a resident, or	125543
a violation of a resident's rights that results in physical,	125544
mental, or emotional harm to the resident.	125545

(4) "Severity level four finding" means a finding of	125546
noncompliance by a nursing facility that has caused	125547
life-threatening harm to a facility resident or caused a	125548
resident's death.	125549

~~(P)~~(N) "State agency" has the same meaning as in section 1.60	125550
of the Revised Code.	125551

~~(Q)~~(O) "Substandard care" means care furnished in a facility	125552
in which the department of health has cited a deficiency or	125553
deficiencies that constitute one of the following:	125554

(1) A severity level four finding, regardless of scope;

125555

(2) A severity level three and scope level four finding, in	125556
the quality of care provided to residents;	125557

(3) A severity level three and scope level three finding, in	125558
the quality of care provided to residents.	125559

~~(R)~~(P)(1) "Survey" means a survey of a nursing facility	125560
conducted under section ~~5111.39~~5165.64 of the Revised Code.	125561

(2) "Standard survey" means a survey conducted by the	125562
department of health under division (A) of section ~~5111.39~~5165.64	125563
of the Revised Code and includes an extended survey.	125564

(3) "Follow-up survey" means a survey conducted by the	125565
department of health to determine whether a nursing facility has	125566
substantially corrected deficiencies cited in a previous survey.	125567

~~Sec. 5111.36.~~ Sec. 5165.61. The medicaid director ~~of job and~~	125568
~~family services~~ may adopt rules under ~~Chapter 119.~~section 5165.02	125569
of the Revised Code that are consistent with regulations,	125570
guidelines, and procedures issued by the United States secretary	125571
of health and human services under ~~sections 1819 and 1919 of~~ the	125572
"Social Security Act," ~~49 Stat. 620 (1935)~~sections 1819 and 1919,	125573
42 U.S.C.~~A. 301, as amended~~1395i-3 and 1396r, and necessary for	125574
administration and enforcement of sections ~~5111.35~~5165.60 to	125575
~~5111.62~~5165.89 of the Revised Code. If the secretary does not	125576
issue appropriate regulations for enforcement of those sections	125577
~~1819 and 1919~~ of the "Social Security Act" on or before December	125578
13, 1990, the medicaid director ~~of job and family services~~ may	125579
adopt, under ~~Chapter 119.~~section 5165.02 of the Revised Code,	125580
rules that are consistent with those sections and with sections	125581
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code.	125582

~~Sec. 5111.37.~~ Sec. 5165.62. The department of ~~job and family~~	125583
~~services~~medicaid is hereby authorized to enforce sections	125584
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code. The	125585
department may enforce the sections directly or through	125586
contracting agencies. The department and agencies shall enforce	125587
the sections in accordance with the requirements of ~~sections 1819~~	125588
~~and 1919 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	125589
sections 1819 and 1919, 42 U.S.C.~~A. 301, as amended~~1395i-3 and	125590
1396r, that apply to nursing facilities; with regulations,	125591
guidelines, and procedures adopted by the United States secretary	125592
of health and human services for the enforcement of those sections	125593
~~1819 and 1919~~ of the "Social Security Act"; and with the rules	125594
~~adopted under~~authorized by section ~~5111.36~~5165.61 of the Revised	125595
Code. The department and agencies shall enforce sections ~~5111.35~~	125596
5165.60 to ~~5111.62~~5165.89 of the Revised Code for purposes of the	125597
medicare program~~, Title XVIII of the "Social Security Act,"~~ only	125598
to the extent prescribed by the regulations, guidelines, and	125599
procedures issued by the secretary under ~~section 1819 of that act~~	125600
the "Social Security Act," section 1819, 42 U.S.C. 1395i-3.	125601

~~Sec. 5111.38.~~ Sec. 5165.63. The department of ~~job and family~~	125602
~~services~~medicaid may enter into contracts with other state	125603
agencies pursuant to section 5162.35 of the Revised Code that	125604
authorize the agencies to perform all or part of the duties	125605
assigned to the department of ~~job and family services~~medicaid	125606
under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised	125607
Code. Each contract shall specify the duties the agency is	125608
authorized to perform and the sections of the Revised Code under	125609
which the agency is authorized to perform those duties.	125610

~~Sec. 5111.39.~~ Sec. 5165.64. (A) The department of health shall	125611
conduct a survey, titled a standard survey, of every nursing	125612
facility in this state on a statewide average of not more than	125613
once every twelve months. Each nursing facility shall undergo a	125614
standard survey at least once every fifteen months as a condition	125615
of meeting certification requirements. The department may extend a	125616
standard survey; such a survey is titled an extended survey.	125617

(B) The department may conduct surveys in addition to	125618
standard surveys when it considers them necessary.	125619

(C) The department shall conduct surveys in accordance with	125620
the regulations, guidelines, and procedures issued by the United	125621
States secretary of health and human services under ~~Titles~~Title	125622
XVIII and Title XIX ~~of the "Social Security Act," 49 Stat. 620~~	125623
~~(1935), 42 U.S.C.A. 301, as amended~~, sections ~~5111.40~~5165.65 to	125624
~~5111.42~~5165.68 of the Revised Code, and rules adopted under	125625
section 3721.022 of the Revised Code.	125626

~~Sec. 5111.40.~~ Sec. 5165.65. (A) At the conclusion of each survey,	125627
the department of health survey team shall conduct an exit	125628
interview with the administrator or other person in charge of the	125629
nursing facility and any other facility staff members designated	125630
by the administrator or person in charge of the facility. During	125631
the exit interview, at the request of the administrator or other	125632
person in charge of the facility, the survey team shall provide	125633
one of the following, as selected by the survey team:	125634

(1) Copies of all survey notes and any other written	125635
materials created during the survey;	125636

(2) A written summary of the survey team's recommendations	125637
regarding findings of noncompliance with certification	125638
requirements;	125639

(3) An audio or audiovisual recording of the interview. If	125640
the survey team selects this option, at least two copies of the	125641
recording shall be made and the survey team shall select one copy	125642
to be kept by the survey team for use by the department of health.	125643

(B) All expenses of copying under division (A)(1) of this	125644
section or recording under division (A)(3) of this section,	125645
including the cost of the copy of the recording kept by the survey	125646
team, shall be paid by the facility.	125647

~~Sec. 5111.41.~~ Sec. 5165.66. (A) Except as provided in section	125648
3721.17 of the Revised Code, a finding shall be cited only on the	125649
basis of a survey and a determination that one or more actions,	125650
practices, situations, or incidents at a nursing facility caused	125651
or resulted from the facility's failure to comply with one or more	125652
certification requirements. The department of health shall	125653
determine whether the actions, practices, situations, or incidents	125654
can be justified by either of the following:	125655

(1) The actions, practices, situations, or incidents resulted	125656
from a resident exercising the resident's rights guaranteed under	125657
the laws of the United States or of this state;	125658

(2) The actions, practices, situations, or incidents resulted	125659
from a facility following the orders of a person licensed under	125660
Chapter 4731. of the Revised Code to practice medicine or surgery	125661
or osteopathic medicine and surgery.	125662

(B) If the department of health determines both that the	125663
actions, practices, situations, or incidents cannot be justified	125664
by the factors identified in division (A) of this section and that	125665
one or more of the following are applicable, the department shall	125666
declare that the actions, practices, situations, or incidents	125667
constitute a finding:	125668

(1) The actions, practices, situations, or incidents could	125669
have been prevented by one or more persons involved in the	125670
facility's operation;	125671

(2) No person involved in the facility's operation identified	125672
the actions, practices, situations, or incidents prior to the	125673
survey;	125674

(3) Prior to the survey, no person involved in the facility's	125675
operation initiated action to correct the noncompliance caused by	125676
or resulting in the actions, practices, situations, or incidents;	125677

(4) The facility does not have in effect, if needed, a	125678
contingency plan that is reasonably calculated to prevent	125679
physical, mental, or emotional harm to residents while permanent	125680
corrective action is being taken.	125681

(C) The department of health shall determine the severity	125682
level and scope level of each finding.	125683

(D) A deficiency that is substantially corrected within the	125684
time limits specified in sections ~~5111.52~~5165.79 to	125685
~~5111.56~~5165.83 of the Revised Code and for which no remedy is	125686
imposed, shall be counted as a deficiency for the purpose of	125687
determining whether a deficiency is a repeat deficiency.	125688

(E) Whenever the department of health determines that during	125689
the period between two surveys a finding existed at the facility,	125690
but the facility substantially corrected it prior to the second	125691
survey, the department shall cite it. However, the department of	125692
~~job and family services~~medicaid or a contracting agency shall	125693
impose a remedy only as provided in division (C) of section	125694
~~5111.46~~5165.72 of the Revised Code.	125695

(F) Immediately upon determining the severity and scope of a	125696
finding at a nursing facility, the department of health shall	125697
notify the department of ~~job and family services~~medicaid and any	125698
contracting agency of the finding, the severity and scope of the	125699
finding, and whether the finding creates immediate jeopardy.	125700
Immediately upon determining that an emergency exists at a	125701
facility that does not result from a deficiency that creates	125702
immediate jeopardy, the department of health shall notify the	125703
department of ~~job and family services~~medicaid and any contracting	125704
agency.	125705

~~Sec. 5111.411.~~ Sec. 5165.67. The results of a survey of a nursing	125706
facility that is conducted under section ~~5111.39~~5165.64 of the	125707
Revised Code, including any statement of deficiencies and all	125708
findings and deficiencies cited in the statement on the basis of	125709
the survey, shall be used solely to determine the nursing	125710
facility's compliance with certification requirements or with this	125711
chapter or another chapter of the Revised Code. Those results of a	125712
survey, that statement of deficiencies, and the findings and	125713
deficiencies cited in that statement shall not be used in any	125714
court or in any action or proceeding that is pending in any court	125715
and are not admissible in evidence in any action or proceeding	125716
unless that action or proceeding is an appeal of an administrative	125717
action by the department of ~~job and family services~~medicaid or	125718
contracting agency under this chapter or is an action by any	125719
department or agency of the state to enforce this chapter or	125720
another chapter of the Revised Code.	125721

Nothing in this section prohibits the results of a survey, a	125722
statement of deficiencies, or the findings and deficiencies cited	125723
in that statement on the basis of the survey under this section	125724
from being used in a criminal investigation or prosecution.	125725

~~Sec. 5111.42.~~ Sec. 5165.68. (A) Not later than ten days after an	125726
exit interview, the department of health shall deliver to the	125727
nursing facility a detailed statement, titled a statement of	125728
deficiencies, setting forth all findings and deficiencies cited on	125729
the basis of the survey, including any finding cited pursuant to	125730
division (E) of section ~~5111.41~~5165.66 of the Revised Code. The	125731
statement shall indicate the severity and scope level of each	125732
finding and fully describe the incidents or other facts that form	125733
the basis of the department's determination of the existence of	125734
each finding and deficiency. A failure by the survey team to	125735
completely disclose in the exit interview every finding that may	125736
result from the survey does not affect the validity of any finding	125737
or deficiency cited in the statement of deficiencies. On request	125738
of the facility, the department shall provide a copy of any	125739
written worksheet or other document produced by the survey team in	125740
making recommendations regarding scope and severity levels of	125741
findings and deficiencies.	125742

(B) At the same time the department of health delivers a	125743
statement of deficiencies, it also shall deliver to the facility a	125744
separate written notice that states all of the following:	125745

(1) That the department of ~~job and family services~~medicaid	125746
or a contracting agency will issue an order under section ~~5111.57~~	125747
5165.84 of the Revised Code denying payment for any medicaid	125748
eligible residents admitted on and after the effective date of the	125749
order if the facility does not substantially correct, within	125750
ninety days after the exit interview, the deficiency or	125751
deficiencies cited in the statement of deficiencies in accordance	125752
with the plan of correction it submitted under section ~~5111.43~~	125753
5165.69 of the Revised Code;	125754

(2) If a condition of substandard care has been cited on the	125755
basis of a standard survey and a condition of substandard care was	125756
also cited on the immediately preceding standard survey, that the	125757
department of ~~job and family services~~medicaid or a contracting	125758
agency will issue an order under section ~~5111.57~~5165.84 of the	125759
Revised Code denying payment for any medicaid eligible residents	125760
admitted on and after the effective date of the order if a	125761
condition of substandard care is cited on the basis of the next	125762
standard survey;	125763

(3) That the department of ~~job and family services~~medicaid	125764
or a contracting agency will issue an order under section ~~5111.58~~	125765
5165.88 of the Revised Code terminating the facility's	125766
participation in the ~~medical assistance~~medicaid program if either	125767
of the following applies:	125768

(a) The facility does not substantially correct the	125769
deficiency or deficiencies in accordance with the plan of	125770
correction it submitted under section ~~5111.43~~5165.69 of the	125771
Revised Code within six months after the exit interview.	125772

(b) The facility substantially corrects the deficiency or	125773
deficiencies within the six-month period, but after correcting it,	125774
the department of health, based on a follow-up survey conducted	125775
during the remainder of the six-month period, determines that the	125776
facility has failed to maintain compliance with certification	125777
requirements.	125778

~~Sec. 5111.43.~~ Sec. 5165.69. (A) Whenever a nursing facility	125779
receives a statement of deficiencies under section ~~5111.42~~5165.68	125780
of the Revised Code, the facility shall submit to the department	125781
of health for its approval a plan of correction for each finding	125782
cited in the statement. The plan shall ~~describe~~include all of the	125783
following:	125784

(1) Detailed descriptions of the actions the facility will	125785
take to correct each finding ~~and specify the~~, including actions	125786
the facility will take to protect residents situated similarly to	125787
the residents affected by the causes of the findings;	125788

(2) The date by which each finding will be corrected~~. In the~~	125789
~~case of~~;	125790

(3) A detailed description of an ongoing monitoring and	125791
improvement process to be used at the facility that is focused on	125792
preventing any recurrence of the causes of the findings;	125793

(4) If the plan concerns a finding assigned a severity level	125794
indicating that a resident was harmed or immediate jeopardy	125795
exists, all of the following:	125796

(a) Detailed analyses of the facts and circumstances of the	125797
finding, including identification of its cause;	125798

(b) A detailed explanation of how the corrective actions	125799
described pursuant to division (A)(1) of this section relate to	125800
the cause of the finding identified pursuant to division (A)(4)(a)	125801
of this section;	125802

(c) A detailed explanation of the relationship between the	125803
ongoing monitoring and improvement process described pursuant to	125804
division (A)(3) of this section and the cause of the finding	125805
identified pursuant to division (A)(4)(a) of this section.	125806

(5) If the plan concerns a finding cited pursuant to division	125807
(E) of section ~~5111.41~~5165.66 of the Revised Code, ~~the plan shall~~	125808
~~describe~~a description of the actions the facility took to correct	125809
the finding and the date on which it was corrected.	125810

(B)(1) The department shall approve any plan, and any	125811
modification of an existing plan a nursing facility submits to the	125812
department, that ~~conforms~~does both of the following:	125813

(a) Conforms to the requirements for approval of plans of	125814
corrections, and modifications, established in the regulations,	125815
guidelines, and procedures issued by the United States secretary	125816
of health and human services under ~~Titles~~Title XVIII and Title	125817
XIX ~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	125818
~~301, as amended~~;	125819

(b) Includes all the information required by division (A) of	125820
this section. ~~The department also shall approve any modification~~	125821
~~of an existing plan submitted by a facility, if the plan as~~	125822
~~modified conforms to those regulations, guidelines, and~~	125823
~~procedures. The~~	125824

(2) The department may consult with the department of	125825
medicaid, department of aging, and office of the state long-term	125826
care ombudsman program when determining whether a plan, or	125827
modification of an existing plan, to which division (A)(4) of this	125828
section applies conforms to the requirements for approval. The	125829
department of health has sole authority to make the determination	125830
regardless of whether it consults with the other departments or	125831
office. The department shall not reject a facility's plan of	125832
correction or modification on the ground that the facility	125833
disputes the finding, if the plan or modification is reasonably	125834
calculated to correct the finding.	125835

(C) A facility that complies with this section shall not be	125836
considered to have admitted the existence of a finding cited by	125837
the department.	125838

~~Sec. 5111.44.~~ Sec. 5165.70. The department of health may appoint	125839
employees of the department to conduct on-site monitoring of a	125840
nursing facility whenever a finding is cited, including any	125841
finding cited pursuant to division (E) of section ~~5111.41~~5165.66	125842
of the Revised Code, or an emergency is found to exist.	125843
Appointment of monitors under this section is not subject to	125844
appeal under section ~~5111.60~~5165.87 or any other section of the	125845
Revised Code. No employee of a facility for which monitors are	125846
appointed, no person employed by the facility within the previous	125847
two years, and no person who currently has a consulting or other	125848
contract with the department or the facility, shall be appointed	125849
as a monitor under this section. Every monitor appointed under	125850
this section shall have the professional qualifications necessary	125851
to monitor correction of the finding or elimination of the	125852
emergency.	125853

~~Sec. 5111.45.~~ Sec. 5165.71. (A) If the department of health cites	125854
a deficiency or deficiencies that was not substantially corrected	125855
before a survey and that does not constitute a severity level four	125856
finding or create immediate jeopardy, the department of ~~job and~~	125857
~~family services~~medicaid or a contracting agency shall permit the	125858
nursing facility to continue participating in the ~~medical~~	125859
~~assistance~~medicaid program for up to six months after the exit	125860
interview, if all of the following apply:	125861

(1) The facility meets the requirements, established in	125862
regulations issued by the United States secretary of health and	125863
human services under Title XIX ~~of the "Social Security Act," 49~~	125864
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ for certification	125865
of nursing facilities that have a deficiency.	125866

(2) The department of health has approved a plan of	125867
correction submitted by the facility under section ~~5111.43~~5165.69	125868
of the Revised Code for each deficiency.	125869

(3) The provider agrees to repay the department of ~~job and~~	125870
~~family services~~medicaid, in accordance with section ~~5111.58~~	125871
5165.85 of the Revised Code, the federal share of all payments	125872
made by the department to the facility during the six-month period	125873
following the exit interview if the facility does not within the	125874
six-month period substantially correct the deficiency or	125875
deficiencies in accordance with the plan of correction submitted	125876
under section ~~5111.43~~5165.69 of the Revised Code.	125877

(B) If any of the conditions in divisions (A)(1) to (3) of	125878
this section do not apply, the department of ~~job and family~~	125879
~~services~~medicaid or contracting agency shall issue an order	125880
terminating the facility's participation in the ~~medical assistance~~	125881
medicaid program. An order issued under this division is subject	125882
to appeal under Chapter 119. of the Revised Code. The order shall	125883
not take effect prior to the later of the thirtieth day after it	125884
is delivered to the facility or, if the order is appealed, the	125885
date on which a final adjudication order upholding the termination	125886
becomes effective pursuant to Chapter 119. of the Revised Code.	125887

(C) At the time the department of ~~job and family services~~	125888
medicaid or contracting agency issues an order under division (B)	125889
of this section terminating a nursing facility's participation in	125890
the ~~medical assistance~~medicaid program, it may also impose,	125891
subject to section ~~5111.50~~5165.76 of the Revised Code, other	125892
remedies under sections ~~5111.46~~5165.72 to ~~5111.48~~5165.74 of the	125893
Revised Code.	125894

~~Sec. 5111.46.~~ Sec. 5165.72. (A) If the department of health cites	125895
a deficiency, or cluster of deficiencies, that was not	125896
substantially corrected before a survey and constitutes a severity	125897
level four finding, the department of ~~job and family services~~	125898
medicaid or contracting agency shall, subject to sections ~~5111.52~~	125899
5165.79 to ~~5111.56~~5165.83 of the Revised Code, impose a remedy	125900
for the deficiency or cluster of deficiencies. The department or	125901
agency may act under either division (A)(1) or (2) of this	125902
section:	125903

(1) The department or agency may impose one or more of the	125904
following remedies:	125905

(a) Issue an order terminating the nursing facility's	125906
participation in the ~~medical assistance~~medicaid program.	125907

(b) Do either of the following:

125908

(i) Regardless of whether the provider consents, appoint a	125909
temporary manager of the facility.	125910

(ii) Apply to the common pleas court of the county in which	125911
the facility is located for such injunctive or other equitable	125912
relief as is necessary for the appointment of a special master	125913
with such powers and authority over the facility and length of	125914
appointment as the court considers necessary.	125915

125916

(i) Issue an order denying ~~payment~~medicaid payments to the	125917
facility ~~under the medical assistance program~~ for all medicaid	125918
eligible residents admitted after the effective date of the order;	125919

(ii) Impose a fine.

125920

(d) Issue an order denying ~~payment~~medicaid payments to the	125921
facility ~~under the medical assistance program~~ for medicaid	125922
eligible residents admitted after the effective date of the order	125923
who have certain diagnoses or special care needs specified by the	125924
department or agency.	125925

(2) The department or agency may impose one or more of the	125926
following remedies:	125927

(a) Appoint, subject to the continuing consent of the	125928
provider, a temporary manager of the facility;	125929

(b) Do either of the following:

125930

(i) Regardless of whether the provider consents, appoint a	125931
temporary manager of the facility;	125932

(ii) Apply to the common pleas court of the county in which	125933
the facility is located for such injunctive or other equitable	125934
relief as is necessary for the appointment of a special master	125935
with such powers and authority over the facility and length of	125936
appointment as the court considers necessary.	125937

125938

(i) Issue an order denying ~~payment~~medicaid payments to the	125939
facility ~~under the medical assistance program~~ for all medicaid	125940
eligible residents admitted after the effective date of the order;	125941

(ii) Impose a fine.

125942

(d) Issue an order denying ~~payment~~medicaid payments to the	125943
facility ~~under the medical assistance program~~ for medicaid	125944
eligible residents admitted after the effective date of the order	125945
who have certain diagnoses or special care needs specified by the	125946
department or agency;	125947

(e) Issue an order requiring the facility to correct the	125948
deficiency or cluster of deficiencies under the plan of correction	125949
submitted by the facility and approved by the department of health	125950
under section ~~5111.43~~5165.69 of the Revised Code.	125951

(B) The department of ~~job and family services~~medicaid or	125952
contracting agency shall deliver a written order issued under	125953
division (A)(1) of this section terminating a nursing facility's	125954
participation in the ~~medical assistance~~medicaid program to the	125955
facility within five days after the exit interview. If the	125956
facility alleges, at any time prior to the later of the twentieth	125957
day after the exit interview or the fifteenth day after it	125958
receives the order, that the deficiency or cluster of deficiencies	125959
for which the order was issued has been substantially corrected,	125960
the department of health shall conduct a follow-up survey to	125961
determine whether the deficiency or cluster of deficiencies has	125962
been substantially corrected. The order shall take effect and the	125963
facility's participation shall terminate on the twentieth day	125964
after the exit interview, unless the facility has substantially	125965
corrected the deficiency or cluster of deficiencies that	125966
constituted a severity level four finding or did not receive	125967
notice from the department of ~~job and family services~~medicaid or	125968
contracting agency within five days after the exit interview. In	125969
the latter case, the order shall take effect and the facility's	125970
participation shall terminate on the fifteenth day after the	125971
facility received the order.	125972

(C) If the department of health cites a deficiency or cluster	125973
of deficiencies pursuant to division (E) of section ~~5111.41~~	125974
5165.66 of the Revised Code that constituted a severity level four	125975
finding, the department of ~~job and family services~~medicaid or a	125976
contracting agency shall, subject to section ~~5111.56~~5165.83 of	125977
the Revised Code, impose a fine. The fine shall be in effect for a	125978
period equal to the number of days the deficiency or cluster of	125979
deficiencies existed at the facility.	125980

~~Sec. 5111.47.~~ Sec. 5165.73. If the department of health cites a	125981
deficiency, or cluster of deficiencies, that was not substantially	125982
corrected before a survey and constitutes a severity level three	125983
and scope level three or four finding, the department of ~~job and~~	125984
~~family services~~medicaid or a contracting agency may, subject to	125985
sections ~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code,	125986
impose one or more of the following remedies:	125987

(A) Do either of the following:

125988

(1) Issue an order denying ~~payment~~medicaid payments to the	125989
facility ~~under the medical assistance program~~ for all medicaid	125990
eligible residents admitted after the effective date of the order;	125991

(2) Impose a fine.

125992

(B) Issue an order denying ~~payment~~medicaid payments to the	125993
facility ~~under the medical assistance program~~ for medicaid	125994
eligible residents admitted after the effective date of the order	125995
who have certain diagnoses or special care needs specified by the	125996
department or agency;	125997

(C) Issue an order requiring the facility to correct the	125998
deficiency or cluster of deficiencies under the plan of correction	125999
submitted by the facility and approved by the department of health	126000
under section ~~5111.43~~5165.69 of the Revised Code.	126001

~~Sec. 5111.48.~~ Sec. 5165.74. (A) If the department of health cites	126002
a deficiency, or cluster of deficiencies, that was not	126003
substantially corrected before a survey and constitutes a severity	126004
level three and scope level two finding, the department of ~~job and~~	126005
~~family services~~medicaid or a contracting agency may, subject to	126006
sections ~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code,	126007
impose one or more of the following remedies:	126008

(1) Do either of the following:

126009

(a) Issue an order denying ~~payment~~medicaid payments to the	126010
facility ~~under the medical assistance program~~ for all medicaid	126011
eligible residents admitted after the effective date of the order;	126012

(b) Impose a fine.

126013

(2) Issue an order denying ~~payment~~medicaid payments to the	126014
facility ~~under the medical assistance program~~ for medicaid	126015
eligible residents admitted after the effective date of the order	126016
who have certain diagnoses or special care needs specified by the	126017
department or agency;	126018

(3) Issue an order requiring the facility to correct the	126019
deficiency or cluster of deficiencies under the plan of correction	126020
proposed by the facility and approved by the department of health	126021
under section ~~5111.43~~5165.69 of the Revised Code.	126022

(B) If the department of health cites a deficiency, or	126023
cluster of deficiencies, that was not substantially corrected	126024
before a survey and constitutes a severity level three and scope	126025
level one finding, the department of ~~job and family services~~	126026
medicaid or a contracting agency may, subject to sections ~~5111.55~~	126027
5165.82 and ~~5111.56~~5165.83 of the Revised Code, impose one or	126028
more of the following remedies:	126029

(1) Impose a fine;

126030

(2) Issue an order denying ~~payment~~medicaid payments to the	126031
facility ~~under the medical assistance program~~ for medicaid	126032
eligible residents admitted after the effective date of the order	126033
who have certain diagnoses or special care needs specified by the	126034
department or agency;	126035

(3) Issue an order requiring the facility to correct the	126036
deficiency or cluster of deficiencies under the plan of correction	126037
proposed by the facility and approved by the department of health	126038
under section ~~5111.43~~5165.69 of the Revised Code.	126039

(C) If the department of health cites a deficiency, or	126040
cluster of deficiencies, that was not substantially corrected	126041
before a survey and constitutes a severity level two and a scope	126042
level three or four finding, the department of ~~job and family~~	126043
~~services~~medicaid or a contracting agency may, subject to sections	126044
~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code, impose	126045
one or more of the following remedies:	126046

(1) Impose a fine;

126047

(2) Issue an order denying ~~payment~~medicaid payments to the	126048
facility ~~under the medical assistance program~~ for medicaid	126049
eligible residents admitted after the effective date of the order	126050
who have certain diagnoses or special care needs specified by the	126051
department or agency;	126052

(3) Issue an order requiring the facility to correct the	126053
deficiency or cluster of deficiencies under the plan of correction	126054
submitted by the facility and approved by the department of health	126055
under section ~~5111.43~~5165.69 of the Revised Code.	126056

(D) If the department of health cites a deficiency, or	126057
cluster of deficiencies, that was not substantially corrected	126058
before a survey, constitutes a severity level two and scope level	126059
one or two finding, and is a repeat finding, the department of ~~job~~	126060
~~and family services~~medicaid or a contracting agency may issue an	126061
order requiring the facility to correct the deficiency or cluster	126062
of deficiencies under the plan of correction submitted by the	126063
facility and approved by the department of health under section	126064
~~5111.43~~5165.69 of the Revised Code.	126065

(E) If the department of health cites a deficiency, or	126066
cluster of deficiencies, that was not substantially corrected	126067
before a survey and constitutes a severity level one and scope	126068
level three or four finding, the department of ~~job and family~~	126069
~~services~~medicaid or a contracting agency may issue an order	126070
requiring the facility to correct the deficiency or cluster of	126071
deficiencies under the plan of correction submitted by the	126072
facility and approved by the department of health under section	126073
~~5111.43~~5165.69 of the Revised Code.	126074

(F) If the department of health cites a deficiency, or	126075
cluster of deficiencies, that was not substantially corrected	126076
before a survey, constitutes a severity level one and scope level	126077
two finding, and is a repeat finding, the department of ~~job and~~	126078
~~family services~~medicaid or a contracting agency may issue an	126079
order requiring the facility to correct the deficiency or cluster	126080
of deficiencies under the plan of correction submitted by the	126081
facility and approved by the department of health under section	126082
~~5111.43~~5165.69 of the Revised Code.	126083

~~Sec. 5111.49.~~ Sec. 5165.75. (A) In determining which remedies to	126084
impose under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~	126085
5165.74 of the Revised Code, including whether a fine should be	126086
imposed, the department of ~~job and family services~~medicaid or a	126087
contracting agency shall do both of the following:	126088

(1) Impose the remedies that are most likely to achieve	126089
correction of deficiencies, encourage sustained compliance with	126090
certification requirements, and protect the health, safety, and	126091
rights of facility residents, but that are not directed at	126092
punishment of the facility;	126093

(2) Consider all of the following:

126094

(a) The presence or absence of immediate jeopardy;

126095

(b) The relationships of groups of deficiencies to each	126096
other;	126097

(c) The facility's history of compliance with certification	126098
requirements generally and in the specific area of the deficiency	126099
or deficiencies;	126100

(d) Whether the deficiency or deficiencies are directly	126101
related to resident care;	126102

(e) The corrective, long-term compliance, resident	126103
protective, and nonpunitive outcomes sought by the department or	126104
agency;	126105

(f) The nature, scope, and duration of the noncompliance with	126106
certification requirements;	126107

(g) The existence of repeat deficiencies;

126108

(h) The category of certification requirements with which the	126109
facility is out of compliance;	126110

(i) Any period of noncompliance with certification	126111
requirements that occurred between two certifications by the	126112
department of health that the facility was in compliance with	126113
certification requirements;	126114

(j) The facility's degree of culpability;

126115

(k) The accuracy, extent, and availability of facility	126116
records;	126117

(l) The facility's financial condition, exclusive of any	126118
moneys donated to a facility that is an organization described in	126119
subsection 501(c)(3) and is tax exempt under subsection 501(a) of	126120
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	126121
1;	126122

(m) Any adverse effect that the action or fine would have on	126123
the health and safety of facility residents;	126124

(n) If the noncompliance that resulted in the citation of a	126125
deficiency or cluster of deficiencies existed before a change in	126126
ownership of the facility, whether the new owner or owners have	126127
had sufficient time to correct the noncompliance.	126128

(B) Whenever the department or agency imposes remedies under	126129
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	126130
the Revised Code, it shall provide a written statement to the	126131
nursing facility that specifies all of the following:	126132

(1) The effective date of each remedy;

126133

(2) The deficiency or cluster of deficiencies for which each	126134
remedy is imposed;	126135

(3) The severity and scope of the deficiency or cluster of	126136
deficiencies;	126137

(4) The rationale, including all applicable factors specified	126138
in division (A) of this section, for imposing the remedies.	126139

~~Sec. 5111.50.~~ Sec. 5165.76. At the time the department of ~~job and~~	126140
~~family services~~medicaid or a contracting agency, under section	126141
~~5111.45~~5165.71, ~~5111.46~~5165.72, or ~~5111.51~~5165.77 of the	126142
Revised Code, issues an order terminating a nursing facility's	126143
participation in the ~~medical assistance~~medicaid program, the	126144
department or agency may also impose a fine, in accordance with	126145
sections ~~5111.46~~5165.72 to ~~5111.48~~5165.74 and ~~5111.56~~5165.83 of	126146
the Revised Code, to be collected in the event the termination	126147
order does not take effect. The department or agency shall not	126148
collect this fine if the termination order takes effect.	126149

~~Sec. 5111.51.~~ Sec. 5165.77. (A) If the department of health finds	126150
during a survey that an emergency exists at a nursing facility, as	126151
the result of a deficiency or cluster of deficiencies that creates	126152
immediate jeopardy, the department of ~~job and family services~~	126153
medicaid or a contracting agency shall impose one or more of the	126154
remedies described in division (A)(1) of this section and, in	126155
addition, may take one or both of the actions described in	126156
division (A)(2) of this section.	126157

(1) The department or agency shall impose one or more of the	126158
following remedies:	126159

(a) Appoint, subject to the continuing consent of the	126160
provider, a temporary manager of the facility;	126161

(b) Apply to the common pleas court of the county in which	126162
the facility is located for a temporary restraining order,	126163
preliminary injunction, or such other injunctive or equitable	126164
relief as is necessary to close the facility, transfer one or more	126165
residents to other nursing facilities or other appropriate care	126166
settings, or otherwise eliminate the condition of immediate	126167
jeopardy. If the court grants such an order, injunction, or	126168
relief, it may appoint a special master empowered to implement the	126169
court's judgment under the court's direct supervision.	126170

(c) Issue an order terminating the facility's participation	126171
in the ~~medical assistance~~medicaid program;	126172

(d) Regardless of whether the provider consents, appoint a	126173
temporary manager of the facility.	126174

(2) The department or agency may do one or both of the	126175
following:	126176

(a) Issue an order denying ~~payment~~medicaid payments to the	126177
facility for all medicaid eligible residents admitted after the	126178
effective date of the order;	126179

(b) Impose remedies under sections ~~5111.46~~5165.72 to ~~5111.48~~	126180
5165.74 of the Revised Code appropriate to the severity and scope	126181
of the deficiency or cluster of deficiencies, except that the	126182
department or agency shall not impose a fine for the same	126183
deficiency for which the department or agency has issued an order	126184
under division (A)(2)(a) of this section.	126185

(B) If the department of health, department of ~~job and family~~	126186
~~services~~medicaid, or a contracting agency finds on the basis of a	126187
survey or other visit to the facility by representatives of that	126188
department or agency that an emergency exists at a facility that	126189
is not the result of a deficiency or cluster of deficiencies that	126190
constitutes immediate jeopardy, the department of ~~job and family~~	126191
~~services~~medicaid or contracting agency may do either of the	126192
following:	126193

(1) Appoint, subject to the continuing consent of the	126194
provider, a temporary manager of the facility;	126195

(2) Apply to the common pleas court of the county in which	126196
the facility is located for a temporary restraining order,	126197
preliminary injunction, or such other injunctive or equitable	126198
relief as is necessary to close the facility, transfer one or more	126199
residents to other nursing facilities or other appropriate care	126200
settings, or otherwise eliminate the emergency. If the court	126201
grants such an order, injunction, or relief, it may appoint a	126202
special master empowered to implement the court's judgment under	126203
the court's direct supervision.	126204

(C)(1) Prior to acting under division (A)(1)(b), (c), (d), or	126205
(2), or (B)(2) of this section, the department of ~~job and family~~	126206
~~services~~medicaid or contracting agency shall give written notice	126207
to the facility specifying all of the following:	126208

(a) The nature of the emergency, including the nature of any	126209
deficiency or deficiencies that caused the emergency;	126210

(b) The nature of the action the department or agency intends	126211
to take unless the department of health determines that the	126212
facility, in the absence of state intervention, possesses the	126213
capacity to eliminate the emergency;	126214

126215

(2) If the department of health determines that the facility	126216
does not possess the capacity to eliminate the emergency in the	126217
absence of state intervention, the department of ~~job and family~~	126218
~~services~~medicaid or contracting agency may immediately take	126219
action under division (A) or (B) of this section. If the	126220
department of health determines that the facility possesses the	126221
capacity to eliminate the emergency, the department of ~~job and~~	126222
~~family services~~medicaid or contracting agency shall direct the	126223
facility to eliminate the emergency within five days after the	126224
facility's receipt of the notice. At the end of the five-day	126225
period, the department of health shall conduct a follow-up survey	126226
that focuses on the emergency. If the department of health	126227
determines that the facility has eliminated the emergency within	126228
the time period, the department of ~~job and family services~~	126229
medicaid or contracting agency shall not act under division	126230
(A)(1)(b), (c), (d), or (2)(a), or (B)(2) of this section. If the	126231
department of health determines that the facility has failed to	126232
eliminate the emergency within the five-day period, the department	126233
of ~~job and family services~~medicaid or contracting agency shall	126234
take appropriate action under division (A)(1)(b), (c), (d), or	126235
(2), or (B)(2) of this section.	126236

(3) Until the written notice required by division (C)(1) of	126237
this section is actually delivered, no action taken by the	126238
department of ~~job and family services~~medicaid or contracting	126239
agency under division (A)(1)(b), (c), (d), or (2), or (B)(2) of	126240
this section shall have any legal effect. In addition to the	126241
written notice, the department of health survey team shall give	126242
oral notice to the facility, at the time of the survey, concerning	126243
any recommendations the survey team intends to make that could	126244
form the basis of a determination that an emergency exists.	126245

(D) The department of ~~job and family services~~medicaid or	126246
contracting agency shall deliver a written order issued under	126247
division (A)(1) of this section terminating a nursing facility's	126248
participation in the ~~medical assistance~~medicaid program to the	126249
facility within five days after the exit interview. If the	126250
facility alleges, at any time prior to the later of the twentieth	126251
day after the exit interview or the fifteenth day after it	126252
receives the order, that the condition of immediate jeopardy for	126253
which the order was issued has been eliminated, the department of	126254
health shall conduct a follow-up survey to determine whether the	126255
immediate jeopardy has been eliminated. The order shall take	126256
effect and the facility's participation shall terminate on the	126257
twentieth day after the exit interview, unless the facility has	126258
eliminated the immediate jeopardy or did not receive notice from	126259
the department of ~~job and family services~~medicaid or contracting	126260
agency within five days after the exit interview. In the latter	126261
case, the order shall take effect and the facility's participation	126262
shall terminate on the fifteenth day after the facility received	126263
the order.	126264

(E) Any action taken by the department of ~~job and family~~	126265
~~services~~medicaid or a contracting agency under division	126266
(A)(1)(c), (d), or (2)(a) of this section is subject to appeal	126267
under Chapter 119. of the Revised Code, except that the department	126268
or agency may take such action prior to and during the pendency of	126269
any proceeding under that chapter. No action taken by a facility	126270
under division (C) of this section to eliminate an emergency cited	126271
by the department of health shall be considered an admission by	126272
the facility of the existence of an emergency.	126273

Sec. 5165.771. (A) As used in this section:

126274

"SFF list" means the list of nursing facilities that the	126275
United States department of health and human services creates	126276
under the special focus facility program.	126277

"Special focus facility program" means the program conducted	126278
by the United States secretary of health and human services	126279
pursuant to the "Social Security Act," section 1919(f)(10), 42	126280
U.S.C. 1396r(f)(10).	126281

"Table A" means the table included in the SFF list that	126282
identifies nursing facilities that are newly added to the SFF	126283
list.	126284

"Table B" means the table included in the SFF list that	126285
identifies nursing facilities that have not improved.	126286

"Table C" means the table included in the SFF list that	126287
identifies nursing facilities that have shown improvement.	126288

"Table D" means the table included in the SFF list that	126289
identifies nursing facilities that have recently graduated from	126290
the special focus facility program.	126291

(B) The department of medicaid shall issue an order	126292
terminating a nursing facility's participation in the medicaid	126293
program if any of the following apply:	126294

(1) The nursing facility is listed in table A or table B on	126295
the effective date of this section and fails to be placed in table	126296
C not later than twelve months after the effective date of this	126297
section.	126298

(2) The nursing facility is listed in table A, table B, or	126299
table C on the effective date of this section and fails to be	126300
placed in table D not later than twenty-four months after the	126301
effective date of this section.	126302

(3) The nursing facility is placed in table A after the	126303
effective date of this section and fails to be placed in table C	126304
not later than twelve months after the nursing facility is placed	126305
in table A.	126306

(4) The nursing facility is placed in table A after the	126307
effective date of this section and fails to be placed in table D	126308
not later than twenty-four months after the nursing facility is	126309
placed in table A.	126310

(C) An order issued under this section is not subject to	126311
appeal under Chapter 119. of the Revised Code.	126312

(D) To help a nursing facility avoid having its participation	126313
in the medicaid program terminated pursuant to division (B) of	126314
this section, the department of aging shall provide the nursing	126315
facility technical assistance through the nursing home quality	126316
initiative established under section 173.60 of the Revised Code at	126317
least four months before the department of medicaid would be	126318
required to terminate the nursing facility's participation.	126319

~~Sec. 5111.511.~~ Sec. 5165.78. (A) If the department of ~~job and~~	126320
~~family services~~medicaid determines that a nursing facility is	126321
experiencing or is likely to experience a serious financial loss	126322
or failure that jeopardizes or is likely to jeopardize the health,	126323
safety, and welfare of its residents, the department, subject to	126324
the provider's consent, may appoint a temporary resident safety	126325
assurance manager in the nursing facility to take actions the	126326
department determines are appropriate to ensure the health,	126327
safety, and welfare of the residents.	126328

(B) A temporary resident safety assurance manager appointed	126329
under this section is vested with the authority necessary to take	126330
actions the department of ~~job and family services~~medicaid	126331
determines are appropriate to ensure the health, safety, and	126332
welfare of the residents.	126333

(C) A temporary resident safety assurance manager appointed	126334
under this section may use any of the following funds to pay for	126335
costs the manager incurs on behalf of the nursing facility:	126336

(1) Medicaid payments made in accordance with the provider	126337
agreement for the nursing facility;	126338

(2) Funds from the residents protection fund that the	126339
department provides the manager under section ~~5111.62~~5162.66 of	126340
the Revised Code;	126341

(3) Other funds the department determines are appropriate if	126342
such use of the funds is consistent with the appropriations that	126343
authorize the use of the funds and all other state and federal	126344
laws governing the use of the funds.	126345

(D) The provider is liable to the department for the amount	126346
of any payments the department makes to the temporary resident	126347
safety assurance manager, other than payments specified in	126348
division (C)(1) of this section. The department may recover the	126349
amount the provider owes the department by doing any of the	126350
following:	126351

(1) Offsetting medicaid payments made to the provider in	126352
accordance with the provider agreement;	126353

(2) Placing a lien on any of the provider's real and personal	126354
property;	126355

(3) Initiating other collection actions.

126356

(E) No action the department takes under this section is	126357
subject to appeal under Chapter 119. of the Revised Code.	126358

(F) In rules ~~adopted under~~authorized by section ~~5111.36~~	126359
5165.61 of the Revised Code, the medicaid director ~~of job and~~	126360
~~family services~~ may establish all of the following:	126361

(1) Qualifications persons must meet to be appointed	126362
temporary resident safety assurance managers under this section;	126363

(2) Procedures for maintaining a list of qualified temporary	126364
resident safety assurance managers;	126365

(3) Procedures consistent with federal law for paying for the	126366
services of temporary resident safety assurance managers;	126367

(4) Accounting and reporting requirements for temporary	126368
resident safety assurance managers;	126369

(5) Other procedures and requirements the director determines	126370
are necessary to implement this section.	126371

~~Sec. 5111.52.~~ Sec. 5165.79. (A) As used in this section,	126372
"terminating" includes not renewing.	126373

(B) A nursing facility's participation in the ~~medical~~	126374
~~assistance~~medicaid program shall be terminated under sections	126375
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code as	126376
follows:	126377

(1) If the department of ~~job and family services~~medicaid is	126378
terminating the facility's participation, it shall issue an order	126379
terminating the facility's provider agreement.	126380

(2) If the department of health, acting as a contracting	126381
agency, is terminating the facility's participation, it shall	126382
issue an order terminating certification of the facility's	126383
compliance with certification requirements. When the department of	126384
health terminates certification, the department of ~~job and family~~	126385
~~services~~medicaid shall terminate the facility's provider	126386
agreement. The department of ~~job and family services~~medicaid is	126387
not required to provide an adjudication hearing when it terminates	126388
a provider agreement following termination of certification by the	126389
department of health.	126390

(3) If a state agency other than the department of health,	126391
acting as a contracting agency, is terminating the facility's	126392
participation, it shall notify the department of ~~job and family~~	126393
~~services~~medicaid, and the department of ~~job and family services~~	126394
medicaid shall issue an order terminating the facility's provider	126395
agreement. The contracting agency shall conduct any administrative	126396
proceedings concerning the order.	126397

(C) If the following conditions are met, the department of	126398
~~job and family services~~medicaid may make ~~medical assistance~~	126399
medicaid payments to a nursing facility for a period not exceeding	126400
thirty days after the effective date of termination under sections	126401
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code of the	126402
facility's participation in the ~~medical assistance~~medicaid	126403
program:	126404

(1) The payments are for medicaid eligible residents admitted	126405
to the facility prior to the effective date of the termination;	126406

(2) The provider is making reasonable efforts to transfer	126407
medicaid eligible residents to other care settings.	126408

The period during which payments may be made under this	126409
division begins on the later of the effective date of the	126410
termination or, if the facility has appealed a termination order,	126411
the date of issuance of the adjudication order upholding	126412
termination.	126413

~~Sec. 5111.53.~~ Sec. 5165.80. (A) Whenever a nursing facility is	126414
closed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	126415
Revised Code, the department of ~~job and family services~~medicaid	126416
or contracting agency shall arrange for the safe and orderly	126417
transfer of all residents, including residents who are not	126418
medicaid eligible residents, to other appropriate care settings.	126419
Whenever a nursing facility's participation in the ~~medical~~	126420
~~assistance~~medicaid program is terminated under sections ~~5111.35~~	126421
5165.60 to ~~5111.62~~5165.89 of the Revised Code, the department or	126422
agency shall arrange for the safe and orderly transfer of all	126423
medicaid eligible residents or, if the termination results in the	126424
closure of the facility, of all residents. The provider and all	126425
persons involved in the facility's operation shall cooperate with	126426
and assist in the transfer of residents.	126427

(B) After a nursing facility's participation in the ~~medical~~	126428
~~assistance~~medicaid program is terminated under section ~~5111.45~~	126429
5165.71, ~~5111.46~~5165.72, ~~5111.51~~5165.77, 5165.771, or ~~5111.58~~	126430
5165.85 of the Revised Code, the department of ~~job and family~~	126431
~~services~~medicaid or contracting agency may appoint a temporary	126432
manager subject to the continuing consent of the provider, or may	126433
apply to the common pleas court of the county in which the	126434
facility is located for such injunctive relief as is necessary for	126435
the appointment of a special master, to ensure the transfer of	126436
medicaid eligible residents to other appropriate care settings	126437
and, if applicable, the orderly closure of the facility.	126438

~~Sec. 5111.54.~~ Sec. 5165.81. (A) A temporary manager of a nursing	126439
facility appointed by the department of ~~job and family services~~	126440
medicaid or a contracting agency under sections ~~5111.35~~5165.60 to	126441
~~5111.62~~5165.89 of the Revised Code shall meet all of the	126442
following qualifications:	126443

(1) Be licensed as a nursing home administrator under Chapter	126444
4751. of the Revised Code;	126445

(2) Have demonstrated competence as a nursing home	126446
administrator;	126447

(3) Have had no disciplinary action taken against the	126448
temporary manager by any licensing board or professional society	126449
in this state.	126450

(B) The salary of a temporary manager or special master	126451
appointed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	126452
Revised Code shall be paid by the facility and set by the	126453
department of ~~job and family services~~medicaid or contracting	126454
agency, in the case of a temporary manager, or by the court, in	126455
the case of a special master, at a rate not to exceed the maximum	126456
allowable compensation for an administrator under the ~~medical~~	126457
~~assistance~~medicaid program. The extent to which this compensation	126458
is allowable under the ~~medical assistance~~medicaid program is	126459
subject to and limited by this chapter and rules ~~of the department~~	126460
adopted under section 5165.02 of the Revised Code.	126461

Subject to division (C) of this section, any costs incurred	126462
on behalf of a nursing facility by a temporary manager or special	126463
master appointed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89	126464
of the Revised Code shall be paid by the facility. The	126465
allowability of these costs under the ~~medical assistance~~medicaid	126466
program shall be subject to and governed by this chapter and ~~the~~	126467
rules ~~of the department~~adopted under section 5165.02 of the	126468
Revised Code. This division does not prohibit a facility from	126469
applying for or receiving any waiver of cost ceilings available	126470
under the rules ~~of the department~~.	126471

(C) No temporary manager or special master appointed under	126472
sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code	126473
shall enter into any employment contract on behalf of a facility,	126474
or purchase any capital goods using facility funds totaling more	126475
than ten thousand dollars, unless the temporary manager or special	126476
master has obtained prior approval for the contract or purchase	126477
from either the provider or the court.	126478

(D)(1) A temporary manager appointed for a nursing facility	126479
under section ~~5111.46~~5165.72 of the Revised Code is hereby	126480
vested, subject to division (C) of this section, with the legal	126481
authority necessary to correct any deficiency or cluster of	126482
deficiencies at a facility, bring the facility into compliance	126483
with certification requirements, and otherwise ensure the health	126484
and safety of the residents.	126485

(2) A temporary manager appointed under section ~~5111.51~~	126486
5165.77 of the Revised Code is hereby vested, subject to division	126487
(C) of this section, with the authority necessary to eliminate the	126488
emergency, bring the facility into compliance with certification	126489
requirements, and otherwise ensure the health and safety of the	126490
residents.	126491

(3) A temporary manager appointed under section ~~5111.53~~	126492
5165.80 of the Revised Code is hereby vested, subject to division	126493
(C) of this section, with the authority necessary to ensure the	126494
transfer of medicaid eligible residents to other appropriate care	126495
settings and, if applicable, the orderly closure of the facility,	126496
and to otherwise ensure the health and safety of the residents.	126497

(E) Prior to acting under division (A)(1)(b) or (2)(b) of	126498
section ~~5111.46~~5165.72 of the Revised Code to appoint a temporary	126499
manager or apply for a special master, the department of ~~job and~~	126500
~~family services~~medicaid or contracting agency shall order the	126501
facility to substantially correct the deficiency or deficiencies	126502
within five days after receiving the statement and inform the	126503
facility, in the statement it provides pursuant to division (B) of	126504
section ~~5111.49~~5165.75 of the Revised Code, of the order and	126505
that it will not take that action unless the facility fails to	126506
substantially correct the deficiency or deficiencies within that	126507
five-day period. At the end of the five-day period, the department	126508
of health shall conduct a follow-up survey that focuses on the	126509
deficiency or deficiencies. If the department of health determines	126510
that the facility has substantially corrected the deficiency or	126511
deficiencies within that time, the department of ~~job and family~~	126512
~~services~~medicaid or contracting agency shall not appoint a	126513
temporary manager or apply for a special master. If the department	126514
of health determines that the facility has failed to substantially	126515
correct the deficiency or deficiencies within that time, the	126516
department of ~~job and family services~~medicaid or contracting	126517
agency may proceed with appointment of the temporary manager or	126518
application for a special master. Until the statement required	126519
under division (B) of section ~~5111.49~~5165.75 of the Revised Code	126520
is actually delivered, no action taken by the department or agency	126521
to appoint a temporary manager or apply for a temporary manager	126522
under division (A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72 of	126523
the Revised Code shall have any legal effect. No action taken by a	126524
facility under this division to substantially correct a deficiency	126525
or deficiencies shall be considered an admission by the facility	126526
of the existence of a deficiency or deficiencies.	126527

(F) Appointment of a temporary manager under division	126528
(A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72 or division	126529
(A)(1)(d) of section ~~5111.51~~5165.77 of the Revised Code shall	126530
expire at the end of the seventh day following the appointment. If	126531
the department of ~~job and family services~~medicaid or contracting	126532
agency finds that the deficiency or deficiencies that prompted the	126533
appointment under division (A)(1)(b) or (2)(b) of section ~~5111.46~~	126534
5165.72 of the Revised Code cannot be substantially corrected, or	126535
the condition of immediate jeopardy that prompted the appointment	126536
under division (A)(1)(d) of section ~~5111.51~~5165.77 of the Revised	126537
Code cannot be eliminated, prior to the expiration of the	126538
appointment, it may take one of the following actions:	126539

(1) Appoint, subject to the continuing consent of the	126540
provider, a temporary manager for the facility;	126541

(2) Apply to the common pleas court of the county in which	126542
the facility is located for an order appointing a special master	126543
who, under the authority and direct supervision of the court and	126544
subject to divisions (B) and (C) of this section, may take such	126545
additional actions as are necessary to correct the deficiency or	126546
deficiencies or eliminate the condition of immediate jeopardy and	126547
bring the facility into compliance with certification	126548
requirements.	126549

(G) The court, on finding that the deficiency or deficiencies	126550
for which a special master was appointed under division (F)(2) of	126551
this section or division (A)(1)(b) or (2)(b) of section ~~5111.46~~	126552
5165.72 of the Revised Code has been substantially corrected, or	126553
the emergency for which a special master was appointed under	126554
division (F)(2) of this section or division (A)(1)(b) or (B)(2) of	126555
section ~~5111.51~~5165.77 of the Revised Code has been eliminated,	126556
that the facility has been brought into compliance with	126557
certification requirements, and that the provider has established	126558
the management capability to ensure continued compliance with the	126559
certification requirements, shall immediately terminate its	126560
jurisdiction over the facility and return control and management	126561
of the facility to the provider. If the deficiency or deficiencies	126562
cannot be substantially corrected, or the emergency cannot be	126563
eliminated practicably within a reasonable time following	126564
appointment of the special master, the court may order the special	126565
master to close the facility and transfer all residents to other	126566
nursing facilities or other appropriate care settings.	126567

(H) This section does not apply to temporary resident safety	126568
assurance managers appointed under section ~~5111.511~~5165.78 of the	126569
Revised Code.	126570

~~Sec. 5111.55.~~ Sec. 5165.82. (A) An order issued under section	126571
~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~5165.74, ~~5111.51~~	126572
5165.77, or ~~5111.57~~5165.84 of the Revised Code denying ~~payment~~	126573
medicaid payments to a nursing facility for all medicaid eligible	126574
residents admitted after its effective date, or an order issued	126575
under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74	126576
of the Revised Code denying ~~payment~~medicaid payments to a	126577
nursing facility for medicaid eligible residents admitted after	126578
the effective date of the order who have specified diagnoses or	126579
special care needs, shall also apply to individuals admitted to	126580
the facility on and after the effective date of the order who are	126581
not medicaid eligible residents but become medicaid eligible	126582
residents after admission. Such an order shall not apply to any of	126583
the following:	126584

(1) An individual who was a medicaid eligible resident of the	126585
facility on the day immediately preceding the effective date of	126586
the order and continues to be a medicaid eligible resident on and	126587
after that date;	126588

(2) An individual who was a resident of the facility on the	126589
day immediately preceding the effective date of the order,	126590
continues to be a resident on and after that date, and becomes	126591
medicaid eligible on or after that date;	126592

(3) An individual who was a medicaid eligible resident of the	126593
facility prior to the effective date of the order, is temporarily	126594
absent from the facility on that or a subsequent date due to	126595
hospitalization or participation in therapeutic programs outside	126596
the facility, and chooses to return to the facility;	126597

(4) An individual who was a resident of the facility prior to	126598
the effective date of the order, is temporarily absent from the	126599
facility on that or a subsequent date due to hospitalization or	126600
participation in therapeutic programs outside the facility,	126601
becomes medicaid eligible on or after that date, and chooses to	126602
return to the facility.	126603

(B) An order issued under section ~~5111.46~~5165.72 of the	126604
Revised Code denying ~~payment~~medicaid payments to a nursing	126605
facility for all medicaid eligible residents admitted after its	126606
effective date, or denying ~~payment~~medicaid payments to a facility	126607
for medicaid eligible residents admitted after the effective date	126608
of the order who have specified diagnoses or special care needs	126609
shall not take effect prior to the fifth day after the order is	126610
delivered to the facility. Such an order issued under section	126611
~~5111.47~~5165.73 or ~~5111.48~~5165.74 of the Revised Code shall not	126612
take effect prior to the twentieth day after it is delivered to	126613
the facility.	126614

(C) No nursing facility that has received an order under	126615
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~5165.74, ~~5111.51~~	126616
5165.77, or ~~5111.57~~5165.84 of the Revised Code denying ~~payment~~	126617
medicaid payments for all new admissions of medicaid eligible	126618
residents shall admit a medicaid eligible resident on or after the	126619
effective date of the order, unless the resident is described in	126620
division (A)(3) or (4) of this section, until the order is	126621
terminated pursuant to this section. No nursing facility that has	126622
received an order under section ~~5111.46~~5165.72, ~~5111.47~~5165.73,	126623
or ~~5111.48~~5165.74 of the Revised Code denying ~~payment~~medicaid	126624
payments to a nursing facility for new admissions of medicaid	126625
eligible residents with specified diagnoses or special care needs	126626
shall admit such a resident on or after the effective date of the	126627
order, unless the resident is described in division (A)(3) or (4)	126628
of this section, until the order is terminated pursuant to this	126629
section.	126630

(D) In the case of an order imposed under division (B) of	126631
section ~~5111.57~~5165.84 of the Revised Code, the department or	126632
agency shall appoint monitors in accordance with section ~~5111.44~~	126633
5165.70 of the Revised Code to conduct on-site monitoring.	126634

(E)(1) A facility may give written notice to the department	126635
of health whenever any of the following apply:	126636

(a) With respect to an order denying payment issued under	126637
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	126638
the Revised Code, either of the following is the case:	126639

(i) The facility has completed implementation of the plan of	126640
correction it submitted under section ~~5111.43~~5165.69 of the	126641
Revised Code and substantially corrected all deficiencies for	126642
which the order was issued.	126643

(ii) The facility has reduced the severity or scope of all of	126644
the deficiencies to a level at which sections ~~5111.46~~5165.72 to	126645
~~5111.48~~5165.74 of the Revised Code do not authorize the order.	126646

(b) With respect to an order denying payment issued under	126647
section ~~5111.51~~5165.77 of the Revised Code, the facility has	126648
eliminated the immediate jeopardy.	126649

(c) With respect to an order denying ~~payment~~medicaid	126650
payments issued under division (A) of section ~~5111.57~~5165.84 of	126651
the Revised Code, the facility has completed implementation of the	126652
plan of correction it submitted under section ~~5111.43~~5165.69 of	126653
the Revised Code and substantially corrected all deficiencies for	126654
which the order was issued.	126655

(d) With respect to an order denying ~~payment~~medicaid	126656
payments issued under division (B) of section ~~5111.57~~5165.84 of	126657
the Revised Code, both of the following are the case:	126658

(i) The facility has completed implementation of the plan of	126659
correction it submitted under section ~~5111.43~~5165.69 of the	126660
Revised Code and substantially corrected all deficiencies for	126661
which the order was issued.	126662

(ii) The facility is in compliance with certification	126663
requirements and has provided adequate assurance that it will	126664
remain in compliance with them.	126665

(2) Within ten working days after it receives the notice	126666
under division (E)(1) of this section, the department of health	126667
shall conduct a follow-up survey that focuses on the cited	126668
deficiency or deficiencies, unless the department is able to	126669
determine, on the basis of documentation provided by the facility,	126670
that the facility has completed the applicable action described in	126671
divisions (E)(1)(a) to (d) of this section. If the department of	126672
health makes that determination on the basis of the documentation,	126673
the department of ~~job and family services~~medicaid or contracting	126674
agency shall terminate the order denying ~~payment~~medicaid payments	126675
as of the date the facility completed the applicable action, as	126676
subsequently verified by the department of health. If the	126677
department of health conducts a follow-up survey, the department	126678
of ~~job and family services~~medicaid or contracting agency shall	126679
terminate the order denying ~~payment~~medicaid payments as of the	126680
date the department of health makes the determination that the	126681
facility completed the applicable action.	126682

(F) The department of ~~job and family services~~medicaid or	126683
contracting agency shall provide public notice implementing an	126684
order under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~	126685
5165.74, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of the Revised Code	126686
denying ~~payment~~medicaid payments to a nursing facility ~~under the~~	126687
~~medical assistance program~~ for all medicaid eligible residents by	126688
publishing in a newspaper of general circulation in the county in	126689
which the facility is located an announcement stating: "By order	126690
of the (Ohio Department of ~~Job and Family Services~~Medicaid or	126691
name of contracting agency), effective on and after (effective	126692
date of order), (name of facility) is no longer authorized to	126693
admit Medicaid eligible residents." Immediately following	126694
termination of any such order, the department or agency shall	126695
publish in a newspaper of general circulation in the county in	126696
which the facility is located an announcement stating: "By order	126697
of the (Ohio Department of ~~Job and Family Services~~Medicaid or	126698
name of contracting agency), effective on and after (effective	126699
date of termination), (name of facility) is hereby authorized to	126700
admit Medicaid eligible residents." Neither the department nor the	126701
contracting agency shall issue public notice of an order under	126702
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	126703
the Revised Code denying payment to a nursing facility for	126704
medicaid eligible residents with specified diagnoses or special	126705
care needs; public notice is not required for such an order to	126706
take effect.	126707

(G) A facility that complies with division (E) of this	126708
section shall not be considered to have admitted to the existence	126709
of the deficiency that constitutes the basis of the department's	126710
or agency's order.	126711

~~Sec. 5111.56.~~ Sec. 5165.83. (A) As used in this section,	126712
"certified beds" means beds certified under Title XVIII or Title	126713
XIX ~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	126714
~~301, as amended~~.	126715

(B) If the department of ~~job and family services~~medicaid or	126716
a contracting agency imposes a fine on a nursing facility under	126717
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	126718
the Revised Code, it may impose one or more of the following:	126719

(1) One hundred sixty per cent of the amount calculated under	126720
division (C) of this section for any deficiency or cluster of	126721
deficiencies that constitutes a severity level four and scope	126722
level four finding;	126723

(2) One hundred forty per cent of the amount calculated under	126724
division (C) of this section for any deficiency or cluster of	126725
deficiencies that constitutes a severity level four and scope	126726
level three finding;	126727

(3) One hundred twenty per cent of the amount calculated	126728
under division (C) of this section for any deficiency or cluster	126729
of deficiencies that constitutes a severity level four and scope	126730
level two finding;	126731

(4) The amount calculated under division (C) of this section	126732
for any deficiency or cluster of deficiencies that constitutes a	126733
severity level four and scope level one finding or any deficiency	126734
or cluster of deficiencies that constitutes a severity level three	126735
and scope level four finding;	126736

(5) Ninety per cent of the amount calculated under division	126737
(C) of this section for any deficiency or cluster of deficiencies	126738
that constitutes a severity level three and scope level three	126739
finding;	126740

(6) Eighty per cent of the amount calculated under division	126741
(C) of this section for any deficiency or cluster of deficiencies	126742
that constitutes a severity level three and scope level two	126743
finding;	126744

(7) Seventy per cent of the amount calculated under division	126745
(C) of this section for any deficiency or cluster of deficiencies	126746
that constitutes a severity level three and scope level one	126747
finding;	126748

(8) Fifty per cent of the amount calculated under division	126749
(C) of this section for any deficiency or cluster of deficiencies	126750
that constitutes a severity level two and scope level four	126751
finding;	126752

(9) Forty per cent of the amount calculated under division	126753
(C) of this section for any deficiency or cluster of deficiencies	126754
that constitutes a severity level two and scope level three	126755
finding.	126756

(C) The amount subject to division (B) of this section shall	126757
be the product of multiplying two dollars and fifty cents for each	126758
day the fine is in effect by the total number of licensed nursing	126759
home beds or certified beds, whichever is greater, in the facility	126760
as of the date the deficiency or cluster of deficiencies that is	126761
the reason for the fine was cited.	126762

(D)(1) The department of ~~job and family services~~medicaid or	126763
contracting agency shall not impose on a facility, at any one	126764
time, more than four fines as a result of any one survey.	126765

(2) The department of ~~job and family services~~medicaid or	126766
contracting agency shall not impose more than one fine based on a	126767
deficiency or cluster of deficiencies. However, if the department	126768
of health, in a follow-up or other subsequent survey, finds a	126769
change in the scope or severity of the deficiency or cluster of	126770
deficiencies, the department of ~~job and family services~~medicaid	126771
or contracting agency may increase or decrease the fine in	126772
accordance with division (B) of this section to reflect the change	126773
in scope or severity. The department or agency shall give the	126774
facility written notice of the change in the amount of the fine.	126775
The change shall take effect on the date the follow-up or other	126776
subsequent survey is completed.	126777

If the department of health finds that a deficiency is a	126778
repeat deficiency, the department of ~~job and family services~~	126779
medicaid or contracting agency may impose a fine that is one	126780
hundred per cent greater than the fine specified in division (B)	126781
of this section for the deficiency.	126782

(E) The total amount of fines the department of ~~job and~~	126783
~~family services~~medicaid or contracting agency may impose on a	126784
facility in a single calendar year shall not exceed five hundred	126785
dollars for each licensed nursing home bed or certified bed,	126786
whichever is greater in number, in the facility.	126787

(F)(1) Except as provided in division (F)(2) of this section,	126788
the department of ~~job and family services~~medicaid or contracting	126789
agency shall not impose a fine under section ~~5111.46~~5165.72,	126790
~~5111.47~~5165.73, or ~~5111.48~~5165.74 of the Revised Code if the	126791
deficiency or cluster of deficiencies is substantially corrected	126792
within twenty days after the nursing facility receives the	126793
statement provided under division (B) of section ~~5111.49~~5165.75	126794
of the Revised Code. The department or agency shall inform the	126795
nursing facility in that statement that the fine will not be	126796
imposed if the deficiency or cluster of deficiencies is	126797
substantially corrected within the twenty-day period.	126798

(2) If a nursing facility has substantially corrected a	126799
deficiency or cluster of deficiencies within six months after the	126800
exit interview of a survey that was the basis for citing a	126801
deficiency or cluster of deficiencies, but after correcting it has	126802
been cited for the same deficiency or cluster of deficiencies by	126803
the department of health on the basis of a subsequent survey	126804
conducted during the remainder of the six-month period, the	126805
department of ~~job and family services~~medicaid or contracting	126806
agency may impose a fine beginning on the date of the exit	126807
interview of the subsequent survey.	126808

(G) Whenever a facility believes that it has completed	126809
implementation of the plan of correction it submitted under	126810
section ~~5111.43~~5165.69 of the Revised Code and substantially	126811
corrected the cited deficiency or cluster of deficiencies that is	126812
the basis for a fine, it may give written notice to that effect to	126813
the department of health. After receiving the notice, the	126814
department shall conduct a follow-up survey of the facility that	126815
focuses on the deficiency or cluster, unless the department is	126816
able to determine, on the basis of documentation provided by the	126817
facility, that the facility has substantially corrected the	126818
deficiency or cluster. If, based on the follow-up survey, the	126819
department establishes that the facility had not completed	126820
implementation of the plan of correction at the time the	126821
department received the notice, any fine based on the deficiency	126822
or cluster shall be doubled effective from the date the department	126823
received the notice. A facility that complies with this division	126824
shall not be considered to have admitted the existence of the	126825
deficiency or cluster that is the basis for the fine.	126826

(H) Except for a fine imposed under division (C) of section	126827
~~5111.46~~5165.72 of the Revised Code and as provided in division	126828
(F)(2) of this section, the department of ~~job and family services~~	126829
medicaid or contracting agency shall impose a fine only if the	126830
facility fails to give notice under division (G) of this section	126831
within twenty days after it receives the statement required by	126832
division (B) of section ~~5111.49~~5165.75 of the Revised Code or if	126833
the department of health determines, based on a follow-up survey,	126834
that the deficiency or cluster of deficiencies for which the fine	126835
is proposed has not been substantially corrected within the	126836
twenty-day period. The fine shall be imposed effective on the	126837
twenty-first day after the facility receives the statement under	126838
division (B) of section ~~5111.49~~5165.75 of the Revised Code. The	126839
fine shall remain in effect until the earliest of the following:	126840

(1) The date the department of health receives notice under	126841
division (G) of this section, unless the department determines, on	126842
the basis of a follow-up survey, that the deficiency or cluster of	126843
deficiencies that is the basis for the fine has not been	126844
substantially corrected as of that date;	126845

(2) The date on which the department of health makes a	126846
determination, on the basis of a follow-up survey, that the	126847
deficiency or cluster of deficiencies has been substantially	126848
corrected;	126849

(3) The date the facility substantially corrected the	126850
deficiency or cluster, as subsequently determined by the	126851
department of health on the basis of documentation provided by the	126852
facility.	126853

(I) Any fine imposed by the department of ~~job and family~~	126854
~~services~~medicaid or contracting agency under this section is	126855
subject to appeal under Chapter 119. of the Revised Code. If the	126856
facility does not request a hearing under Chapter 119. of the	126857
Revised Code and either pays or agrees in writing to pay the fine	126858
when payment becomes due under division (J) of this section, the	126859
department or agency shall reduce the fine by fifty per cent. The	126860
department or agency may compromise any claim for payment of a	126861
fine under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	126862
Revised Code.	126863

(J) The department of ~~job and family services~~medicaid or	126864
contracting agency shall collect interest on fines, at the rate	126865
per calendar month that equals one-twelfth of the rate per year	126866
prescribed by section 5703.47 of the Revised Code for the calendar	126867
year that includes the month for which the interest charge	126868
accrues. Payment of a fine is due, and interest begins to accrue	126869
on the unpaid fine or balance, on the thirty-first day after the	126870
department or agency issues a final adjudication order imposing	126871
the fine. If the deficiency or deficiencies on which the fine is	126872
based have not been corrected when the final adjudication order is	126873
issued, the payment is due, and interest begins to accrue on the	126874
unpaid fine or balance, on the thirty-first day after the	126875
deficiency or deficiencies are corrected and the department or	126876
agency mails a notice specifying the amount of the fine to the	126877
facility.	126878

(K) The department of ~~job and family services~~medicaid or	126879
contracting agency shall collect fines and interest imposed under	126880
this section through one of the following means:	126881

(1) A lump sum payment from the provider;

126882

(2) Periodic payments for a period not to exceed twelve	126883
months, in accordance with a schedule approved by the department	126884
or agency;	126885

(3) Appropriately reducing the amounts of medicaid payments	126886
made to the facility for ~~care~~nursing facility services provided	126887
to medicaid eligible residents for a period not to exceed twelve	126888
months following the date on which payment of the fine becomes due	126889
under division (J) of this section. An amount equal to the amount	126890
by which each payment is reduced shall be deposited to the credit	126891
of the residents protection fund in accordance with section	126892
~~5111.62~~5162.66 of the Revised Code.	126893

~~Sec. 5111.57.~~ Sec. 5165.84. (A) The department of ~~job and family~~	126894
~~services~~medicaid or a contracting agency shall issue an order	126895
denying ~~payment~~medicaid payments to a nursing facility for all	126896
medicaid eligible residents admitted to the facility on or after	126897
the effective date of the order, if the facility has failed to	126898
substantially correct within ninety days after the exit interview	126899
a deficiency or cluster of deficiencies in accordance with the	126900
plan of correction it submitted under section ~~5111.43~~5165.69 of	126901
the Revised Code, as determined by the department of health on the	126902
basis of a follow-up survey.	126903

(B) The department of ~~job and family services~~medicaid or	126904
contracting agency shall issue an order denying ~~payment~~medicaid	126905
payments to a nursing facility for all medicaid eligible residents	126906
admitted to the facility on or after the effective date of the	126907
order, if during three consecutive standard surveys conducted	126908
after December 13, 1990, the department of health has found a	126909
condition of substandard care in a facility.	126910

(C) An order issued under division (A) or (B) of this section	126911
shall take effect on the later of the date the facility receives	126912
the order or the date the public notice required under division	126913
(F) of section ~~5111.55~~5165.82 of the Revised Code is published.	126914
The order is subject to appeal under Chapter 119. of the Revised	126915
Code; however the order may take effect prior to or during the	126916
pendency of any hearing under that chapter. In that case, the	126917
department or agency shall provide the facility an opportunity for	126918
a hearing in accordance with section ~~5111.60~~5165.87 of the	126919
Revised Code.	126920

~~Sec. 5111.58.~~ Sec. 5165.85. (A) If a nursing facility notifies the	126921
department of ~~job and family services~~medicaid or a contracting	126922
agency, at any time during the six-month period following the exit	126923
interview of a survey that was the basis for citing a deficiency	126924
or deficiencies, that the deficiency or deficiencies have been	126925
substantially corrected in accordance with the plan of correction	126926
submitted and approved under section ~~5111.43~~5165.69 of the	126927
Revised Code, the department of health shall conduct a follow-up	126928
survey to determine whether the deficiency or deficiencies have	126929
been substantially corrected in accordance with the plan.	126930

(B) The department of ~~job and family services~~medicaid or a	126931
contracting agency shall terminate a nursing facility's	126932
participation in the ~~medical assistance~~medicaid program whenever	126933
the facility has not substantially corrected, within six months	126934
after the exit interview of the survey on the basis of which it	126935
was cited, a deficiency or deficiencies in accordance with the	126936
plan of correction submitted under section ~~5111.43~~5165.69 of the	126937
Revised Code, as determined by the department of health on the	126938
basis of a follow-up survey.	126939

(C) Unless the facility has substantially corrected the	126940
deficiency or deficiencies in accordance with the plan of	126941
correction, as determined by the department of health on the basis	126942
of a follow-up survey, the department of ~~job and family services~~	126943
medicaid or contracting agency shall deliver to the facility, at	126944
least thirty days prior to the day that is six months after the	126945
exit interview, a written order terminating the facility's	126946
participation in the ~~medical assistance~~medicaid program. The	126947
order shall take effect and the facility's participation shall	126948
terminate on the day that is six months after the exit interview.	126949
The order shall not take effect if, after it is delivered to the	126950
facility and prior to the effective date of the order, the	126951
department of health determines on the basis of a follow-up survey	126952
that the facility has corrected the deficiency or deficiencies.	126953

An order issued under this section is subject to appeal under	126954
Chapter 119. of the Revised Code; however, the order may take	126955
effect prior to or during the pendency of any hearing under that	126956
chapter. In that case, the department of ~~job and family services~~	126957
medicaid or contracting agency shall provide the facility an	126958
opportunity for a hearing in accordance with section ~~5111.60~~	126959
5165.87 of the Revised Code.	126960

(D) Except as provided in division (E) of this section,	126961
whenever the department of ~~job and family services~~medicaid or a	126962
contracting agency terminates a facility's participation in the	126963
~~medical assistance~~medicaid program pursuant to this section, the	126964
provider shall repay the department the federal share of all	126965
medicaid payments made by the department to the facility ~~under the~~	126966
~~medical assistance program~~ during the six-month period following	126967
the exit interview of the survey that was the basis for citing the	126968
deficiency or cluster of deficiencies. The provider shall repay	126969
the department within thirty days after the department repays to	126970
the federal government the federal share of medicaid payments made	126971
to the facility during that six-month period.	126972

(E) A provider is not required to repay the department of ~~job~~	126973
~~and family services~~medicaid if either of the following is the	126974
case:	126975

(1) The facility has brought an appeal under Chapter 119. of	126976
the Revised Code of termination of its participation in the	126977
~~medical assistance~~medicaid program, except that the provider	126978
shall repay the department of ~~job and family services~~medicaid	126979
within thirty days after the facility exhausts its right to appeal	126980
under that chapter.	126981

(2) The facility complied with the plan of correction	126982
approved by the department of health and the obligation to repay	126983
resulted from the department's failure to provide timely	126984
verification to the United States department of health and human	126985
services of the facility's compliance with the plan of correction.	126986

(F) If a provider's obligation to repay the department of ~~job~~	126987
~~and family services~~medicaid under division (D) of this section	126988
results from disallowance of federal financial participation by	126989
the United States department of health and human services, the	126990
provider shall not be required to repay the department of ~~job and~~	126991
~~family services~~medicaid until the federal disallowance becomes	126992
final.	126993

(G) Any fines paid under sections ~~5111.35~~5165.60 to ~~5111.62~~	126994
5165.89 of the Revised Code during any period for which the	126995
facility is required to repay the department of ~~job and family~~	126996
~~services~~medicaid under division (D) of this section shall be	126997
offset against the amount the provider is required to repay the	126998
department for that period.	126999

(H) Prior to a change of ownership of a facility for which a	127000
provider has an obligation to repay the department of ~~job and~~	127001
~~family services~~medicaid under division (D) of this section that	127002
has not become final, or has become final but not been paid, the	127003
department may do one or more of the following:	127004

(1) Require the provider to place money in escrow, or obtain	127005
a bond, in sufficient amount to indemnify the state against the	127006
provider's failure to repay the department after the change of	127007
ownership occurs;	127008

(2) Place a lien on the facility's real property;

127009

(3) Use any method to recover the medicaid payments that is	127010
available to the attorney general to recover payments on behalf of	127011
the department of ~~job and family services~~medicaid.	127012

~~Sec. 5111.59.~~ Sec. 5165.86. The department of ~~job and family~~	127013
~~services~~medicaid, the department of health, and any contracting	127014
agency shall deliver a written notice, statement, or order to a	127015
nursing facility under sections ~~5111.35~~5165.60 to ~~5111.41~~5165.66	127016
and ~~5111.43~~5165.69 to ~~5111.62~~5165.89 of the Revised Code by	127017
certified mail or hand delivery. If the notice, statement, or	127018
order is mailed, it shall be addressed to the administrator of the	127019
facility as indicated in the department's or agency's records. If	127020
it is hand delivered, it shall be delivered to a person at the	127021
facility who would appear to the average prudent person to have	127022
authority to accept it.	127023

Delivery of written notice by a nursing facility to the	127024
department of health, the department of ~~job and family services~~	127025
medicaid, or a contracting agency under sections ~~5111.35~~5165.60	127026
to ~~5111.62~~5165.89 of the Revised Code shall be by certified mail	127027
or hand delivery to the appropriate department or the agency.	127028

~~Sec. 5111.60.~~ Sec. 5165.87. (A) Except as provided in division (B)	127029
of this section, the following remedies are subject to appeal	127030
under Chapter 119. of the Revised Code:	127031

(1) An order issued under section ~~5111.45~~5165.71, ~~5111.46~~	127032
5165.72, ~~5111.51~~5165.77, or ~~5111.58~~5165.85 of the Revised Code	127033
terminating a nursing facility's participation in the ~~medical~~	127034
~~assistance~~medicaid program;	127035

(2) Appointment of a temporary manager of a facility under	127036
division (A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72, or	127037
division (A)(1)(d) of section ~~5111.51~~5165.77 of the Revised Code;	127038

(3) An order issued under section ~~5111.46~~5165.72, ~~5111.47~~	127039
5165.73, ~~5111.48~~5165.74, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of	127040
the Revised Code denying ~~payment~~medicaid payments to a facility	127041
~~under the medical assistance program~~ for all medicaid eligible	127042
residents admitted after the effective date of the order;	127043

(4) An order issued under section ~~5111.46~~5165.72, ~~5111.47~~	127044
5165.73, or ~~5111.48~~5165.74 of the Revised Code denying ~~payment~~	127045
medicaid payments to a facility ~~under the medical assistance~~	127046
~~program~~ for medicaid eligible residents admitted after the	127047
effective date of the order who have certain diagnoses or special	127048
care needs specified by the department or agency;	127049

(5) A fine imposed under section ~~5111.46~~5165.72, ~~5111.47~~	127050
5165.73, or ~~5111.48~~5165.74 of the Revised Code.	127051

(B) The department of ~~job and family services~~medicaid or	127052
contracting agency may do any of the following prior to or during	127053
the pendency of any proceeding under Chapter 119. of the Revised	127054
Code:	127055

(1) Issue and execute an order under section ~~5111.46~~5165.72,	127056
~~5111.51~~5165.77, or ~~5111.58~~5165.85 of the Revised Code	127057
terminating a nursing facility's participation in the ~~medical~~	127058
~~assistance~~medicaid program;	127059

(2) Appoint a temporary manager under division (A)(1)(b) or	127060
(2)(b) of section ~~5111.46~~5165.72 or division (A)(1)(d) of section	127061
~~5111.51~~5165.77 of the Revised Code;	127062

(3) Issue and execute an order under section ~~5111.46~~5165.72,	127063
~~5111.47~~5165.73, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of the	127064
Revised Code denying ~~payment~~medicaid payments to a facility for	127065
all medicaid eligible residents admitted after the effective date	127066
of the order;	127067

(4) Issue and execute an order under section ~~5111.46~~5165.72	127068
or ~~5111.47~~5165.73 or division (A), (B), or (C) of section	127069
~~5111.48~~5165.74 of the Revised Code denying ~~payment~~medicaid	127070
payments to a facility for medicaid eligible residents admitted	127071
after the effective date of the order who have specified diagnoses	127072
or special care needs.	127073

(C) Whenever the department or agency imposes a remedy listed	127074
in division (B) of this section prior to or during the pendency of	127075
a proceeding, all of the following apply:	127076

(1) The provider against whom the action is taken shall have	127077
ten days after the date the facility actually receives the notice	127078
specified in section 119.07 of the Revised Code to request a	127079
hearing.	127080

(2) The hearing shall commence within thirty days after the	127081
date the department or agency receives the provider's request for	127082
a hearing.	127083

(3) The hearing shall continue uninterrupted from day to day,	127084
except for Saturdays, Sundays, and legal holidays, unless other	127085
interruptions are agreed to by the provider and the department or	127086
agency.	127087

(4) If the hearing is conducted by a hearing examiner, the	127088
hearing examiner shall file a report and recommendations within	127089
ten days after the close of the hearing.	127090

(5) The provider shall have five days after the date the	127091
hearing officer files the report and recommendations within which	127092
to file objections to the report and recommendations.	127093

(6) Not later than fifteen days after the date the hearing	127094
officer files the report and recommendations, the medicaid	127095
director ~~of job and family services~~ or the director of the	127096
contracting agency shall issue an order approving, modifying, or	127097
disapproving the report and recommendations of the hearing	127098
examiner.	127099

(D) If the department or agency imposes more than one remedy	127100
as the result of deficiencies cited in a single survey, the	127101
proceedings for all of the remedies shall be consolidated. If any	127102
of the remedies are imposed during the pendency of a hearing, as	127103
permitted by division (B) of this section, the consolidated	127104
hearing shall be conducted in accordance with division (C) of this	127105
section. The consolidation of the remedies for purposes of a	127106
hearing does not affect the effective dates prescribed in sections	127107
~~5111.35~~5165.60 to ~~5111.58~~2165.85 of the Revised Code.	127108

(E) If a contracting agency conducts administrative	127109
proceedings pertaining to remedies imposed under sections ~~5111.35~~	127110
5165.60 to ~~5111.62~~5165.89 of the Revised Code, the department of	127111
~~job and family services~~medicaid shall not be considered a party	127112
to the proceedings.	127113

~~Sec. 5111.61.~~ Sec. 5165.88. (A)(1) Except as required by court	127114
order, as necessary for the administration or enforcement of any	127115
statute relating to nursing facilities, or as provided in division	127116
(C) of this section, the department of ~~job and family services~~	127117
medicaid and any contracting agency shall not release any of the	127118
following information without the permission of the individual or	127119
the individual's legal representative:	127120

(a) The identity of any resident of a nursing facility;

127121

(b) The identity of any individual who submits a complaint	127122
about a nursing facility;	127123

(c) The identity of any individual who provides the	127124
department or agency with information about a nursing facility and	127125
has requested confidentiality;	127126

(d) Any information that reasonably would tend to disclose	127127
the identity of any individual described in division (A)(1)(a) to	127128
(c) of this section.	127129

(2) An agency or individual to whom the department or	127130
contracting agency is required, by court order or for the	127131
administration or enforcement of a statute relating to nursing	127132
facilities, to release information described in division (A)(1) of	127133
this section shall not release the information without the	127134
permission of the individual who would be or would reasonably tend	127135
to be identified, or of the individual's legal representative,	127136
unless the agency or individual is required to release it by	127137
division (C) of this section, by court order, or for the	127138
administration or enforcement of a statute relating to nursing	127139
facilities.	127140

(B) Except as provided in division (C) of this section, any	127141
record that identifies an individual described in division (A)(1)	127142
of this section or that reasonably would tend to identify such an	127143
individual is not a public record for the purposes of section	127144
149.43 of the Revised Code, and is not subject to inspection and	127145
copying under section 1347.08 of the Revised Code.	127146

(C) If the department or a contracting agency, or an agency	127147
or individual to whom the department or contracting agency was	127148
required by court order or for administration or enforcement of a	127149
statute relating to nursing facilities to release information	127150
described in division (A)(1) of this section, uses information in	127151
any administrative or judicial proceeding against a facility that	127152
reasonably would tend to identify an individual described in	127153
division (A)(1) of this section, the department, agency, or	127154
individual shall disclose that information to the facility.	127155
However, the department, agency, or individual shall not disclose	127156
information that directly identifies an individual described in	127157
divisions (A)(1)(a) to (c) of this section, unless the individual	127158
is to testify in the proceedings.	127159

(D) No person shall knowingly register a false complaint	127160
about a nursing facility with the department or a contracting	127161
agency, or knowingly swear or affirm the truth of a false	127162
complaint, when the allegation is made for the purpose of	127163
incriminating another.	127164

~~Sec. 5111.63.~~ Sec. 5165.89. ~~For the purposes of this section,~~	127165
~~"facility," "medicare," and "medicaid" have the same meanings as~~	127166
~~in section 3721.10 of the Revised Code.~~	127167

The department of health shall be the designee of the	127168
department of ~~job and family services~~medicaid for the purpose of	127169
conducting a hearing pursuant to section 3721.162 of the Revised	127170
Code concerning a nursing facility's decision to transfer or	127171
discharge a resident if the resident is a medicaid recipient or	127172
medicare beneficiary.	127173

~~Sec. 5111.99.~~ Sec. 5165.99. (A) Whoever violates ~~division (B) of~~	127174
section ~~5111.26~~5165.102 or division (E) of section ~~5111.31~~	127175
5165.08 of the Revised Code shall be fined not less than five	127176
hundred dollars nor more than one thousand dollars for the first	127177
offense and not less than one thousand dollars nor more than five	127178
thousand dollars for each subsequent offense. Fines paid under	127179
this section shall be deposited in the state treasury to the	127180
credit of the general revenue fund.	127181

(B) Whoever violates division (D) of section ~~5111.61~~5165.88	127182
of the Revised Code is guilty of registering a false complaint, a	127183
misdemeanor of the first degree.	127184

Sec. 5166.01. As used in this chapter:

127185

"Administrative agency" means, with respect to a home and	127186
community-based services medicaid waiver component, the department	127187
of medicaid or, if a state agency or political subdivision	127188
contracts with the department under section 5162.35 of the Revised	127189
Code to administer the component, that state agency or political	127190
subdivision.	127191

"Dual eligible individual" has the same meaning as in section	127192
5160.01 of the Revised Code.	127193

"Home and community-based services medicaid waiver component"	127194
means a medicaid waiver component under which home and	127195
community-based services are provided as an alternative to	127196
hospital services, nursing facility services, or ICF/IID services.	127197

"Hospital" has the same meaning as in section 3727.01 of the	127198
Revised Code.	127199

"Hospital long-term care unit" has the same meaning as in	127200
section 5168.40 of the Revised Code.	127201

"ICDS participant" has the same meaning as in section 5164.01	127202
of the Revised Code.	127203

"ICF/IID" and "ICF/IID services" have the same meanings as in	127204
section 5124.01 of the Revised Code.	127205

"Integrated care delivery system" and "ICDS" have the same	127206
meanings as in section 5164.01 of the Revised Code.	127207

"Level of care determination" means a determination of	127208
whether an individual needs the level of care provided by a	127209
hospital, nursing facility, or ICF/IID and whether the individual,	127210
if determined to need that level of care, would receive hospital	127211
services, nursing facility services, or ICF/IID services if not	127212
for a home and community-based services medicaid waiver component.	127213

"Medicaid buy-in for workers with disabilities program" has	127214
the same meaning as in section 5163.01 of the Revised Code.	127215

"Medicaid services" has the same meaning as in section	127216
5164.01 of the Revised Code.	127217

"Medicaid waiver component" means a component of the medicaid	127218
program authorized by a waiver granted by the United States	127219
department of health and human services under the "Social Security	127220
Act," section 1115 or 1915, 42 U.S.C. 1315 or 1396n. "Medicaid	127221
waiver component" does not include a care management system	127222
established under section 5167.03 of the Revised Code.	127223

"Nursing facility" and "nursing facility services" have the	127224
same meanings as in section 5165.01 of the Revised Code.	127225

"Ohio home care waiver program" means the home and	127226
community-based services medicaid waiver component that is known	127227
as Ohio home care and was created pursuant to section 5166.11 of	127228
the Revised Code.	127229

"Ohio transitions II aging carve-out program" means the home	127230
and community-based services medicaid waiver component that is	127231
known as Ohio transitions II aging carve-out and was created	127232
pursuant to section 5166.11 of the Revised Code.	127233

"Provider agreement" has the same meaning as in section	127234
5164.01 of the Revised Code.	127235

"Residential treatment facility" means a residential facility	127236
licensed by the department of mental health and addiction services	127237
under section 5119.34 of the Revised Code, or an institution	127238
certified by the department of job and family services under	127239
section 5103.03 of the Revised Code, that serves children and	127240
either has more than sixteen beds or is part of a campus of	127241
multiple facilities or institutions that, combined, have a total	127242
of more than sixteen beds.	127243

"Skilled nursing facility" has the same meaning as in section	127244
5165.01 of the Revised Code.	127245

"Unified long-term services and support medicaid waiver	127246
component" means the medicaid waiver component authorized by	127247
section 5166.14 of the Revised Code.	127248

~~Sec. 5111.85.~~ Sec. 5166.02. (A) ~~As used in this section and~~	127249
~~sections 5111.851 to 5111.856 of the Revised Code:~~	127250

~~"Home and community-based services medicaid waiver component"~~	127251
~~means a medicaid waiver component under which home and~~	127252
~~community-based services are provided as an alternative to~~	127253
~~hospital, nursing facility, or intermediate care facility for the~~	127254
~~mentally retarded services.~~	127255

~~"Hospital" has the same meaning as in section 3727.01 of the~~	127256
~~Revised Code.~~	127257

~~"Intermediate care facility for the mentally retarded" has~~	127258
~~the same meaning as in section 5111.20 of the Revised Code.~~	127259

~~"Medicaid waiver component" means a component of the medicaid~~	127260
~~program authorized by a waiver granted by the United States~~	127261
~~department of health and human services under section 1115 or 1915~~	127262
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	127263
~~1315 or 1396n. "Medicaid waiver component" does not include a care~~	127264
~~management system established under section 5111.16 of the Revised~~	127265
~~Code.~~	127266

~~"Nursing facility" has the same meaning as in section 5111.20~~	127267
~~of the Revised Code.~~	127268

~~(B)~~ The medicaid director ~~of job and family services may~~	127269
shall adopt rules ~~under~~in accordance with Chapter 119. of the	127270
Revised Code governing medicaid waiver components ~~that~~. The rules	127271
may establish all of the following:	127272

(1) Eligibility requirements for the medicaid waiver	127273
components;	127274

(2) The type, amount, duration, and scope of medicaid	127275
services the medicaid waiver components ~~provide~~cover;	127276

(3) The conditions under which the medicaid waiver components	127277
cover medicaid services;	127278

(4) The ~~amount~~amounts the medicaid waiver components pay for	127279
medicaid services or the ~~method~~methods by which the ~~amount is~~	127280
amounts are determined;	127281

(5) The ~~manner~~manners in which the medicaid waiver	127282
components pay for medicaid services;	127283

(6) Safeguards for the health and welfare of medicaid	127284
recipients receiving medicaid services under a medicaid waiver	127285
component;	127286

(7) Procedures for prioritizing and approving for enrollment	127287
individuals who are eligible for a home and community-based	127288
services medicaid waiver component and choose to be enrolled in	127289
the component;	127290

(8) Procedures for enforcing the rules, including	127291
establishing corrective action plans for, and imposing financial	127292
and administrative sanctions on, persons and government entities	127293
that violate the rules. Sanctions shall include terminating	127294
~~medicaid~~ provider agreements. The procedures shall include due	127295
process protections.	127296

(9) Other policies necessary for the efficient administration	127297
of the medicaid waiver components.	127298

~~(C)~~(B) The director ~~of job and family services~~ may adopt	127299
different rules for the different medicaid waiver components. The	127300
rules shall be consistent with the terms of the waiver authorizing	127301
the medicaid waiver component.	127302

~~(D)~~(C) The following apply to procedures established under	127303
division ~~(B)~~(A)(7) of this section:	127304

(1) Any such procedures established for the medicaid-funded	127305
component of the PASSPORT program shall be consistent with section	127306
~~173.401~~173.521 of the Revised Code.	127307

(2) Any such procedures established for the medicaid-funded	127308
component of the assisted living program shall be consistent with	127309
section 173.542 of the Revised Code.	127310

(3) Any such procedures established for the Ohio home care	127311
waiver program shall be consistent with section ~~5111.862~~5166.121	127312
of the Revised Code.	127313

~~(3)~~(4) Any such procedures established for the unified	127314
long-term services and support medicaid waiver program shall be	127315
consistent with section ~~5111.865~~5166.141 of the Revised Code.	127316

~~(4) Any such procedures established for the medicaid-funded~~	127317
~~component of the assisted living program shall be consistent with~~	127318
~~section 5111.894 of the Revised Code.~~	127319

~~Sec. 5111.84.~~ Sec. 5166.03. The medicaid director ~~of job and family~~	127320
~~services~~ may not submit a request to the United States secretary	127321
of health and human services for a medicaid waiver under ~~section~~	127322
~~1115 of~~ the "Social Security Act ~~of 1935~~," section 1115, 42 U.S.C.	127323
1315, unless the director provides the speaker of the house of	127324
representatives and president of the senate written notice of the	127325
director's intent to submit the request at least ten days before	127326
the date the director submits the request to the United States	127327
secretary. The notice shall include a detailed explanation of the	127328
medicaid waiver the director proposes to seek.	127329

~~Sec. 5111.851.~~ Sec. 5166.04. ~~(A) As used in sections 5111.851 to~~	127330
~~5111.855 of the Revised Code:~~	127331

~~"Administrative agency" means, with respect to a home and~~	127332
~~community-based services medicaid waiver component, the department~~	127333
of ~~job and family services~~ or, if a state agency or political	127334
subdivision contracts with the ~~department~~ under section 5111.91	127335
of the Revised Code to administer the component, that state agency	127336
or political subdivision.	127337

~~"Level of care determination" means a determination of~~	127338
~~whether an individual needs the level of care provided by a~~	127339
~~hospital, nursing facility, or intermediate care facility for the~~	127340
~~mentally retarded and whether the individual, if determined to~~	127341
~~need that level of care, would receive hospital, nursing facility,~~	127342
or ~~intermediate care facility for the mentally retarded~~ services	127343
if not for a home and community-based services medicaid waiver	127344
component.	127345

~~"Medicaid buy-in for workers with disabilities program" means~~	127346
~~the component of the medicaid program established under sections~~	127347
~~5111.70 to 5111.7011 of the Revised Code.~~	127348

~~"Skilled nursing facility" means a facility certified as a~~	127349
~~skilled nursing facility under Title XVIII of the "Social Security~~	127350
~~Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.~~	127351

~~(B)~~ The following requirements apply to each home and	127352
community-based services medicaid waiver component:	127353

~~(1)~~(A) Only an individual who qualifies for a component shall	127354
receive that component's medicaid services.	127355

~~(2)~~(B) A level of care determination shall be made as part of	127356
the process of determining whether an individual qualifies for a	127357
component and shall be made each year after the initial	127358
determination if, during such a subsequent year, the	127359
administrative agency determines there is a reasonable indication	127360
that the individual's needs have changed.	127361

~~(3)~~(C) A written plan of care or individual service plan	127362
based on an individual assessment of the medicaid services that an	127363
individual needs to avoid needing admission to a hospital, nursing	127364
facility, or ~~intermediate care facility for the mentally retarded~~	127365
ICF/IID shall be created for each individual determined eligible	127366
for a component.	127367

~~(4)~~(D) Each individual determined eligible for a component	127368
shall receive that component's medicaid services in accordance	127369
with the individual's level of care determination and written plan	127370
of care or individual service plan.	127371

~~(5)~~(E) No individual may receive medicaid services under a	127372
component while the individual is a hospital inpatient or resident	127373
of a skilled nursing facility, nursing facility, or ~~intermediate~~	127374
~~care facility for the mentally retarded~~ICF/IID.	127375

~~(6)~~(F) No individual may receive prevocational, educational,	127376
or supported employment services under a component if the	127377
individual is eligible for such services that are funded with	127378
federal funds provided under 29 U.S.C. 730 or the "Individuals	127379
with Disabilities Education Act," 111 Stat. 37 (1997), 20 U.S.C.	127380
1400, as amended.	127381

~~(7)~~(G) Safeguards shall be taken to protect the health and	127382
welfare of individuals receiving medicaid services under a	127383
component, including safeguards established in rules adopted under	127384
section ~~5111.85~~5166.02 of the Revised Code and safeguards	127385
established by licensing and certification requirements that are	127386
applicable to the providers of that component's medicaid services.	127387

~~(8)~~(H) No medicaid services may be provided under a component	127388
by a provider that is subject to standards that the "Social	127389
Security Act," section 1616(e)(1), 42 U.S.C. 1382e(e)(1), requires	127390
be established if the provider fails to comply with the standards	127391
applicable to the provider.	127392

~~(9)~~(I) Individuals determined to be eligible for a component,	127393
or such individuals' representatives, shall be informed of that	127394
component's medicaid services, including any choices that the	127395
individual or representative may make regarding the component's	127396
medicaid services, and given the choice of either receiving	127397
medicaid services under that component or, as appropriate,	127398
hospital services, nursing facility services, or ~~intermediate care~~	127399
~~facility for the mentally retarded~~ICF/IID services.	127400

~~(10)~~(J) No individual shall lose eligibility for services	127401
under a component, or have the services reduced or otherwise	127402
disrupted, on the basis that the individual also receives services	127403
under the medicaid buy-in for workers with disabilities program.	127404

~~(11)~~(K) No individual shall lose eligibility for services	127405
under a component, or have the services reduced or otherwise	127406
disrupted, on the basis that the individual's income or resources	127407
increase to an amount above the eligibility limit for the	127408
component if the individual is participating in the medicaid	127409
buy-in for workers with disabilities program and the amount of the	127410
individual's income or resources does not exceed the eligibility	127411
limit for the medicaid buy-in for workers with disabilities	127412
program.	127413

~~(12)~~(L) No individual receiving services under a component	127414
shall be required to pay any cost sharing expenses for the	127415
services for any period during which the individual also	127416
participates in the medicaid buy-in for workers with disabilities	127417
program.	127418

~~Sec. 5111.852.~~ Sec. 5166.05. The department of ~~job and family~~	127419
~~services~~medicaid may review and approve, modify, or deny written	127420
plans of care and individual service plans that section ~~5111.851~~	127421
5166.04 of the Revised Code requires be created for individuals	127422
determined eligible for a home and community-based services	127423
medicaid waiver component. If a state agency or political	127424
subdivision contracts with the department under section ~~5111.91~~	127425
5162.35 of the Revised Code to administer a home and	127426
community-based services medicaid waiver component and approves,	127427
modifies, or denies a written plan of care or individual service	127428
plan pursuant to the agency's or subdivision's administration of	127429
the component, the department may review the agency's or	127430
subdivision's approval, modification, or denial and order the	127431
agency or subdivision to reverse or modify the approval,	127432
modification, or denial. The state agency or political subdivision	127433
shall comply with the department's order.	127434

The department of ~~job and family services~~medicaid shall be	127435
granted full and immediate access to any records the department	127436
needs to implement its duties under this section.	127437

~~Sec. 5111.853.~~ Sec. 5166.06. Each administrative agency shall	127438
maintain, for a period of time the department of ~~job and family~~	127439
~~services~~medicaid shall specify, financial records documenting	127440
the costs of medicaid services provided under the home and	127441
community-based services medicaid waiver components that the	127442
agency administers, including records of independent audits. The	127443
administrative agency shall make the financial records available	127444
on request to the United States secretary of health and human	127445
services, United States comptroller general, and their designees.	127446

~~Sec. 5111.854.~~ Sec. 5166.07. Each administrative agency is	127447
financially accountable for funds expended for medicaid services	127448
~~provided under~~covered by the home and community-based services	127449
medicaid waiver components that the agency administers.	127450

~~Sec. 5111.855.~~ Sec. 5166.08. Each state agency and political	127451
subdivision that enters into a contract with the department of ~~job~~	127452
~~and family services~~medicaid under section ~~5111.91~~5162.35 of the	127453
Revised Code to administer a home and community-based services	127454
medicaid waiver component, or one or more aspects of such a	127455
component, shall provide the department a written assurance that	127456
the agency or subdivision will not violate any of the requirements	127457
of sections ~~5111.85~~5166.01 to ~~5111.854~~5166.07 of the Revised	127458
Code.	127459

~~Sec. 5111.856.~~ Sec. 5166.10. To the extent necessary for the	127460
efficient and economical administration of medicaid waiver	127461
components, the department of ~~job and family services~~medicaid may	127462
transfer an individual enrolled in a medicaid waiver component	127463
administered by the department to another medicaid waiver	127464
component the department administers if the individual is eligible	127465
for the medicaid waiver component and the transfer does not	127466
jeopardize the individual's health or safety.	127467

~~Sec. 5111.86.~~ Sec. 5166.11. (A) As used in this section:

127468

~~(1) "Hospital" has the same meaning as in section 3727.01 of~~	127469
~~the Revised Code.~~	127470

~~(2) "Medicaid waiver component" has the same meaning as in~~	127471
~~section 5111.85 of the Revised Code.~~	127472

~~(3) "Nursing facility" has the same meaning as in section~~	127473
~~5111.20 of the Revised Code.~~	127474

~~(4)~~, "Ohio home care program" means the program the	127475
department of ~~job and family services~~medicaid administers that	127476
provides state plan services and medicaid waiver component	127477
services pursuant to rules adopted ~~under sections 5111.01 and~~	127478
~~5111.02 of the Revised Code~~for the medicaid program and a	127479
medicaid waiver that went into effect July 1, 1998.	127480

(B) The ~~director~~department of ~~job and family services~~	127481
medicaid may ~~submit requests to the United States secretary of~~	127482
~~health and human services pursuant to section 1915 of the "Social~~	127483
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended,~~	127484
~~to obtain waivers of federal medicaid requirements that would~~	127485
~~otherwise be violated in the creation and implementation of~~create	127486
and administer two or more medicaid waiver components under which	127487
home and community-based services are provided to eligible	127488
individuals who need the level of care provided by a nursing	127489
facility or hospital. In administering the ~~requests~~medicaid	127490
waiver components, the ~~director~~department may specify the	127491
following:	127492

(1) The maximum number of individuals who may be enrolled in	127493
each of the medicaid waiver components ~~included in the requests~~;	127494

(2) The maximum amount the medicaid program may expend each	127495
year for each individual enrolled in the medicaid waiver	127496
components;	127497

(3) The maximum amount the medicaid program may expend each	127498
year for all individuals enrolled in the medicaid waiver	127499
components;	127500

(4) Any other requirements the ~~director~~department selects	127501
for the medicaid waiver components.	127502

(C) ~~If the secretary approves the medicaid waivers requested~~	127503
~~under this section, the director may create and implement the~~	127504
~~medicaid waiver components in accordance with the provisions of~~	127505
~~the approved waivers. The department of job and family services~~	127506
~~shall administer the medicaid waiver components.~~	127507

(D) After the first of any of the medicaid waiver components	127508
~~created~~that the department administers under this section begins	127509
to enroll eligible individuals, the ~~director~~department may	127510
~~submit to the United States secretary of health and human services~~	127511
~~an amendment to a medicaid waiver component of the Ohio home care~~	127512
~~program authorizing the department to~~ cease ~~enrolling~~to enroll	127513
additional individuals in ~~that~~a medicaid waiver component of the	127514
Ohio home care program. ~~If the secretary approves the amendment,~~	127515
~~the director may cease to enroll additional individuals in that~~	127516
~~medicaid waiver component of the Ohio home care program.~~	127517

~~Sec. 5111.861.~~ Sec. 5166.12. (~~A) As used in this section:~~

127518

~~"Medicaid waiver component" has the same meaning as in~~	127519
~~section 5111.85 of the Revised Code.~~	127520

~~"Unified long-term services and support medicaid waiver~~	127521
~~component" means the medicaid waiver component authorized by~~	127522
~~section 5111.864 of the Revised Code.~~	127523

~~(B) Subject to division (C) of this section, there is hereby~~	127524
~~created the Ohio home care program. The program shall provide home~~	127525
~~and community-based services. The department of job and family~~	127526
~~services medicaid shall administer the program.~~	127527

~~(C)~~ If the unified long-term services and support medicaid	127528
waiver component is created, the departments of aging and ~~job and~~	127529
~~family services~~medicaid shall ~~work together~~collaborate to	127530
determine whether the Ohio home care waiver program should	127531
continue to operate as a separate medicaid waiver component or be	127532
terminated. If the departments determine that the Ohio home care	127533
waiver program should be terminated, the program shall cease to	127534
exist on a date the departments shall specify.	127535

~~Sec. 5111.862.~~ Sec. 5166.121. (A) ~~As used in this section:~~

127536

~~"Hospital long-term care unit" has the same meaning as in~~	127537
~~section 3721.50 of the Revised Code.~~	127538

~~"Nursing facility" has the same meaning as in section 5111.20~~	127539
~~of the Revised Code.~~	127540

~~"Ohio home care program" means the medicaid waiver component~~	127541
~~created under section 5111.861 of the Revised Code.~~	127542

~~"Residential treatment facility" means a residential facility~~	127543
~~licensed by the department of mental health under section 5119.22~~	127544
~~of the Revised Code, or an institution certified by the department~~	127545
~~of job and family services under section 5103.03 of the Revised~~	127546
~~Code, that serves children and either has more than sixteen beds~~	127547
~~or is part of a campus of multiple facilities or institutions~~	127548
~~that, combined, have a total of more than sixteen beds.~~	127549

~~(B) Subject to division (C) of~~Unless the Ohio home care	127550
waiver program is terminated pursuant to section ~~5111.861~~5165.12	127551
of the Revised Code, the department of ~~job and family services~~	127552
medicaid shall establish a home first component for the Ohio home	127553
care waiver program. An individual is eligible for the Ohio home	127554
care waiver program's home first component if the individual has	127555
been determined to be eligible for the Ohio home care waiver	127556
program and at least one of the following applies:	127557

(1) If the individual is under twenty-one years of age, the	127558
individual received inpatient hospital services for at least	127559
fourteen consecutive days, or had at least three inpatient	127560
hospital stays during the twelve months, immediately preceding the	127561
date the individual applies for the Ohio home care waiver program.	127562

(2) If the individual is at least twenty-one but less than	127563
sixty years of age, the individual received inpatient hospital	127564
services for at least fourteen consecutive days immediately	127565
preceding the date the individual applies for the Ohio home care	127566
waiver program.	127567

(3) The individual received private duty nursing services	127568
under the medicaid program for at least twelve consecutive months	127569
immediately preceding the date the individual applies for the Ohio	127570
home care waiver program.	127571

(4) The individual does not reside in a nursing facility or	127572
hospital long-term care unit at the time the individual applies	127573
for the Ohio home care waiver program but is at risk of imminent	127574
admission to a nursing facility or hospital long-term care unit	127575
due to a documented loss of a primary caregiver.	127576

(5) The individual resides in a nursing facility at the time	127577
the individual applies for the Ohio home care waiver program.	127578

(6) At the time the individual applies for the Ohio home care	127579
waiver program, the individual participates in the money follows	127580
the person demonstration project authorized by section 6071 of the	127581
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	127582
and either resides in a residential treatment facility or	127583
inpatient hospital setting.	127584

~~(C)~~(B) An individual determined to be eligible for the home	127585
first component of the Ohio home care waiver program shall be	127586
enrolled in the ~~Ohio home care~~ program in accordance with rules	127587
adopted under section ~~5111.85~~5166.02 of the Revised Code.	127588

~~Sec. 5111.863.~~ Sec. 5166.13. ~~(A) As used in this section:~~

127589

~~"Medicaid waiver component" has the same meaning as in~~	127590
~~section 5111.85 of the Revised Code.~~	127591

~~"Unified long-term services and support medicaid waiver~~	127592
~~component" means the medicaid waiver component authorized by~~	127593
~~section 5111.864 of the Revised Code.~~	127594

~~(B) Subject to division (C) of this section, there is hereby~~	127595
~~created the Ohio transitions II aging carve-out program. The~~	127596
~~program shall provide home and community-based services. The~~	127597
~~department of job and family services shall administer the~~	127598
~~program.~~	127599

~~(C)~~ If the unified long-term services and support medicaid	127600
waiver component is created, the departments of aging and ~~job and~~	127601
~~family services~~medicaid shall ~~work together~~collaborate to	127602
determine whether the Ohio transitions II aging carve-out program	127603
should continue to operate as a separate medicaid waiver component	127604
or be terminated. If the departments determine that the Ohio	127605
transitions II aging carve-out program should be terminated, the	127606
program shall cease to exist on a date the departments shall	127607
specify.	127608

~~Sec. 5111.864.~~ Sec. 5166.14. ~~(A) As used in this section:~~

127609

~~"Medicaid waiver component" has the same meaning as in~~	127610
~~section 5111.85 of the Revised Code.~~	127611

~~"Nursing facility" has the same meaning as in section 5111.20~~	127612
~~of the Revised Code.~~	127613

~~(B)~~ The ~~director~~department of ~~job and family services~~	127614
medicaid shall ~~submit a request to the United States secretary of~~	127615
~~health and human services pursuant to section 1915n of the "Social~~	127616
~~Security Act," 95 Stat. 809 (1981), 42 U.S.C. 1396n, as amended,~~	127617
~~to obtain approval to~~ create a unified long-term services and	127618
support medicaid waiver component to provide home and	127619
community-based services to eligible individuals of any age who	127620
require the level of care provided by nursing facilities. The	127621
~~director~~department of ~~job and family services~~medicaid shall ~~work~~	127622
collaborate with the ~~director~~department of aging in ~~seeking~~	127623
~~approval of the unified long-term services and support medicaid~~	127624
~~waiver component and, if the approval is obtained, in~~ creating and	127625
implementing the component.	127626

~~If the request to create the unified long-term services and~~	127627
~~support medicaid waiver component is approved, the~~The medicaid	127628
director ~~of job and family services, working~~shall collaborate	127629
with the director of aging~~, shall adopt~~when adopting rules under	127630
section ~~5111.85~~5166.02 of the Revised Code to implement the	127631
component. ~~The rules may authorize the director of aging to adopt~~	127632
~~rules in accordance with Chapter 119. of the Revised Code~~	127633
~~governing aspects of the unified long-term services and support~~	127634
~~medicaid waiver component.~~	127635

~~Sec. 5111.865.~~ Sec. 5166.141. ~~(A) As used in this section,~~	127636
~~"unified long-term services and support medicaid waiver program"~~	127637
~~or "program" means the medicaid waiver component authorized by~~	127638
~~section 5111.864 of the Revised Code.~~	127639

~~(B) If the United States secretary of health and human~~	127640
~~services approves the request submitted under section 5111.864 of~~	127641
~~the Revised Code to create the unified long-term services and~~	127642
~~support medicaid waiver program, the~~The department of ~~job and~~	127643
~~family services~~medicaid shall establish a home first component	127644
for the unified long-term services and support medicaid waiver	127645
program. The home first component shall be similar to the home	127646
first component of the medicaid-funded component of the PASSPORT	127647
program established under section ~~173.401~~173.521 of the Revised	127648
Code, ~~the home first component of the Ohio home care program~~	127649
~~established under section 5111.862 of the Revised Code, and~~ the	127650
home first component of the medicaid-funded component of the	127651
assisted living program established under section ~~5111.894~~173.542	127652
of the Revised Code, and the home first component of the Ohio home	127653
care waiver program established under section 5166.121 of the	127654
Revised Code.	127655

Sec. 5166.16. (A) As used in this section, "ODA or MCD	127656
medicaid waiver component" means all of the following:	127657

(1) The medicaid-funded component of the PASSPORT program,	127658
unless it is terminated pursuant to division (C) of section 173.52	127659
of the Revised Code;	127660

(2) The choices program, unless it is terminated pursuant to	127661
division (B) of section 173.53 of the Revised Code;	127662

(3) The medicaid-funded component of the assisted living	127663
program, unless it is terminated pursuant to division (C) of	127664
section 173.54 of the Revised Code;	127665

(4) The Ohio home care waiver program, unless it is	127666
terminated pursuant to section 5166.12 of the Revised Code;	127667

(5) The Ohio transitions II aging carve-out program, unless	127668
it is terminated pursuant to section 5166.13 of the Revised Code.	127669

(B) The medicaid director may create a home and	127670
community-based services medicaid waiver component as part of the	127671
integrated care delivery system. If the ICDS medicaid waiver	127672
component is created, both of the following apply:	127673

(1) The department of medicaid shall administer it;

127674

(2) When it begins to accept enrollments, no ICDS participant	127675
who is eligible for the ICDS medicaid waiver component shall be	127676
enrolled in an ODA or MCD medicaid waiver component regardless of	127677
whether the participant prefers to remain or be enrolled in an ODA	127678
or MCD medicaid waiver component.	127679

(C) A dual eligible individual who is eligible for an ODA or	127680
MCD medicaid waiver component may enroll in the component before	127681
the individual becomes an ICDS participant. The dual eligible	127682
individual shall disenroll from the ODA or MCD medicaid waiver	127683
component and enroll in the ICDS medicaid waiver component once	127684
the individual becomes an ICDS participant and it is possible to	127685
enroll the individual in the ICDS medicaid waiver component. The	127686
disenrollment from the ODA or MCD medicaid waiver component and	127687
enrollment into the ICDS medicaid waiver component shall occur	127688
regardless of whether the individual prefers to remain enrolled in	127689
the ODA or MCD medicaid waiver component.	127690

(D) An ICDS participant's disenrollment from an ODA or MCD	127691
medicaid waiver component and enrollment in the ICDS medicaid	127692
waiver component resulting from division (B)(2) or (C) of this	127693
section shall be accomplished without a disruption in the	127694
participant's services under the components.	127695

~~Sec. 5111.87.~~ Sec. 5166.20. (A) ~~As used in this section and section~~	127696
~~5111.871 of the Revised Code:~~	127697

~~(1) "Intermediate care facility for the mentally retarded"~~	127698
~~has the same meaning as in section 5111.20 of the Revised Code.~~	127699

~~(2) "Medicaid waiver component" has the same meaning as in~~	127700
~~section 5111.85 of the Revised Code.~~	127701

~~(B)~~ The ~~director~~department of ~~job and family services~~	127702
medicaid may ~~apply to the United States secretary of health and~~	127703
~~human services for both of~~create the following:	127704

(1) One or more medicaid waiver components under which home	127705
and community-based services are provided to individuals with	127706
mental retardation or other developmental disability as an	127707
alternative to placement in ~~an intermediate care facility for the~~	127708
~~mentally retarded~~ICFs/IID;	127709

(2) One or more medicaid waiver components under which home	127710
and community-based services are provided in the form of any of	127711
the following:	127712

(a) Early intervention and supportive services for children	127713
under three years of age who have developmental delays or	127714
disabilities the ~~director~~department determines are significant;	127715

(b) Therapeutic services for children who have autism;

127716

(c) Specialized habilitative services for individuals who are	127717
eighteen years of age or older and have autism.	127718

~~(C)~~(B) No medicaid waiver component ~~authorized by~~created	127719
pursuant to division ~~(B)~~(A)(2)(b) or (c) of this section shall	127720
provide services that are available under another medicaid waiver	127721
component. No medicaid waiver component ~~authorized by~~created	127722
pursuant to division ~~(B)~~(A)(2)(b) of this section shall provide	127723
services to an individual that the individual is eligible to	127724
receive through an individualized education program as defined in	127725
section 3323.01 of the Revised Code.	127726

~~(D)~~(C) The director of developmental disabilities orand	127727
director of health may request that the ~~director~~department of ~~job~~	127728
~~and family services apply for~~medicaid create one or more medicaid	127729
~~waivers~~waiver components under this section.	127730

~~(E)~~(D) Before ~~applying for~~creating a medicaid waiver	127731
component under this section, the ~~director~~department of ~~job and~~	127732
~~family services~~medicaid shall seek, accept, and consider public	127733
comments.	127734

~~Sec. 5111.871.~~ Sec. 5166.21. The department of ~~job and family~~	127735
~~services~~medicaid shall enter into a contract with the department	127736
of developmental disabilities under section ~~5111.91~~5162.35 of the	127737
Revised Code with regard to one or more of the medicaid waiver	127738
components ~~established~~created by the department of ~~job and~~	127739
~~family services~~medicaid under section ~~5111.87~~5166.20 of the	127740
Revised Code. ~~Subject, if needed, to the approval of the United~~	127741
~~States secretary of health and human services, the~~The contract	127742
shall include the medicaid waiver component known as the	127743
transitions developmental disabilities waiver. The contract shall	127744
provide for the department of developmental disabilities to	127745
administer the components in accordance with the terms of the	127746
federal medicaid waivers authorizing the components. The contract	127747
shall include a schedule for the department of developmental	127748
disabilities to begin administering the transitions developmental	127749
disabilities waiver. ~~The directors of job and family services and~~	127750
~~developmental disabilities shall adopt rules in accordance with~~	127751
~~Chapter 119. of the Revised Code governing the components.~~	127752

If the department of developmental disabilities or the	127753
department of ~~job and family services~~medicaid denies an	127754
individual's application for home and community-based services	127755
provided under any of these medicaid components, the department	127756
that denied the services shall give timely notice to the	127757
individual that the individual may ~~request a hearing under~~appeal	127758
pursuant to section ~~5101.35~~5160.31 of the Revised Code.	127759

The departments of developmental disabilities and ~~job and~~	127760
~~family services~~medicaid may approve, reduce, deny, or terminate a	127761
medicaid service included in the individualized service plan	127762
developed for a medicaid recipient eligible for home and	127763
community-based services provided under any of these medicaid	127764
components. The departments shall consider the recommendations a	127765
county board of developmental disabilities makes under division	127766
(A)(1)(c) of section 5126.055 of the Revised Code. If either	127767
department approves, reduces, denies, or terminates a medicaid	127768
service, that department shall give timely notice to the medicaid	127769
recipient that the recipient may ~~request a hearing under~~appeal	127770
pursuant to section ~~5101.35~~5160.31 of the Revised Code.	127771

If supported living, as defined in section 5126.01 of the	127772
Revised Code, is to be provided as a medicaid service under any of	127773
these components, any person or government entity with a current,	127774
valid ~~medicaid~~ provider agreement and a current, valid	127775
certificate under section 5123.161 of the Revised Code may provide	127776
the medicaid service.	127777

If a medicaid service is to be provided under any of these	127778
components by a residential facility, as defined in section	127779
5123.19 of the Revised Code, any person or government entity with	127780
a current, valid ~~medicaid~~ provider agreement and a current, valid	127781
license under section 5123.19 of the Revised Code may provide the	127782
medicaid service.	127783

~~Sec. 5111.872.~~ Sec. 5166.22. (A) Subject to division (B) of this	127784
section, when the department of developmental disabilities	127785
allocates enrollment numbers to a county board of developmental	127786
disabilities for home and community-based services specified in	127787
division ~~(B)~~(A)(1) of section ~~5111.87~~5166.20 of the Revised Code	127788
and provided under any of the medicaid waiver components that the	127789
department administers under section ~~5111.871~~5166.21 of the	127790
Revised Code, the department shall consider all of the following:	127791

(1) The number of individuals with mental retardation or	127792
other developmental disability who are on a waiting list the	127793
county board establishes under section 5126.042 of the Revised	127794
Code for those services and are given priority on the waiting	127795
list;	127796

(2) The implementation component required by division (A)(3)	127797
of section 5126.054 of the Revised Code of the county board's plan	127798
approved under section 5123.046 of the Revised Code;	127799

(3) Anything else the department considers necessary to	127800
enable county boards to provide those services to individuals in	127801
accordance with the priority requirements for waiting lists	127802
established under section 5126.042 of the Revised Code for those	127803
services.	127804

(B) Division (A) of this section applies to home and	127805
community-based services provided under the medicaid waiver	127806
component known as the transitions developmental disabilities	127807
waiver only to the extent, if any, provided by the contract	127808
required by section ~~5111.871~~5166.21 of the Revised Code regarding	127809
the ~~waiver~~component.	127810

~~Sec. 5111.873.~~ Sec. 5166.23. (A) Subject to division (D) of this	127811
section, the medicaid director ~~of job and family services~~ shall	127812
adopt rules ~~in accordance with Chapter 119.~~under section 5166.02	127813
of the Revised Code establishing the ~~amount of reimbursement~~	127814
payment amounts or the methods by which the payment amounts of	127815
~~reimbursement~~ are to be determined for home and community-based	127816
services specified in division ~~(B)~~(A)(1) of section ~~5111.87~~	127817
5166.20 of the Revised Code and provided under the components of	127818
the medicaid program that the department of developmental	127819
disabilities administers under section ~~5111.871~~5166.21 of the	127820
Revised Code. With respect to these rules, all of the following	127821
apply:	127822

(1) The rules shall establish procedures for the department	127823
of developmental disabilities to follow in arranging for the	127824
initial and ongoing collection of cost information from a	127825
comprehensive, statistically valid sample of persons and	127826
government entities providing the services at the time the	127827
information is obtained.	127828

(2) The rules shall establish procedures for the collection	127829
of consumer-specific information through an assessment instrument	127830
the department of developmental disabilities shall provide to the	127831
department of ~~job and family services~~medicaid.	127832

(3) With the information collected pursuant to divisions	127833
(A)(1) and (2) of this section, an analysis of that information,	127834
and other information the director determines relevant, the rules	127835
shall establish ~~reimbursement~~payment standards that do all of the	127836
following:	127837

(a) Assure that ~~reimbursement is~~payment amounts are	127838
consistent with efficiency, economy, and quality of care;	127839

(b) Consider the intensity of consumer resource need;

127840

(c) Recognize variations in different geographic areas	127841
regarding the resources necessary to assure the health and welfare	127842
of consumers;	127843

(d) Recognize variations in environmental supports available	127844
to consumers.	127845

(B) As part of the process of adopting rules ~~under~~authorized	127846
by this section, the director shall consult with the director of	127847
developmental disabilities, representatives of county boards of	127848
developmental disabilities, persons who provide the home and	127849
community-based services, and other persons and government	127850
entities the director identifies.	127851

(C) The ~~directors of job and family services~~medicaid	127852
director and director of developmental disabilities shall review	127853
the rules ~~adopted under~~authorized by this section at times they	127854
determine are necessary to ensure that the ~~amount of reimbursement~~	127855
payment amounts or the methods by which the payment amounts of	127856
~~reimbursement~~ are to be determined continue to meet the	127857
~~reimbursement~~payment standards established under division (A)(3)	127858
of this section.	127859

(D) This section applies to home and community-based services	127860
provided under the medicaid waiver component known as the	127861
transitions developmental disabilities waiver only to the extent,	127862
if any, provided by the contract required by section ~~5111.871~~	127863
5166.21 of the Revised Code regarding the ~~waiver~~component.	127864

~~Sec. 5111.88.~~ Sec. 5166.30. (A) As used in sections ~~5111.88~~	127865
5166.30 to ~~5111.8811~~5166.3010 of the Revised Code:	127866

(1) "Adult" means an individual at least eighteen years of	127867
age.	127868

(2) "Appropriate director" means the following:

127869

(a) The medicaid director in the context of all of the	127870
following:	127871

(i) The Ohio home care waiver program, unless it is	127872
terminated pursuant to section 5166.12 of the Revised Code;	127873

(ii) The Ohio transitions II aging carve-out program, unless	127874
it is terminated pursuant to section 5166.13 of the Revised Code;	127875

(iii) The integrated care delivery system medicaid waiver	127876
component authorized by section 5166.16 of the Revised Code.	127877

(b) The director of aging in the context of the	127878
medicaid-funded component of the PASSPORT program, unless it is	127879
terminated pursuant to division (C) of section 173.52 of the	127880
Revised Code.	127881

(3) "Authorized representative" means the following:

127882

(a) In the case of a consumer who is a minor, the consumer's	127883
parent, custodian, or guardian;	127884

(b) In the case of a consumer who is an adult, an individual	127885
selected by the consumer pursuant to section ~~5111.8810~~5166.3010	127886
of the Revised Code to act on the consumer's behalf for purposes	127887
regarding home care attendant services.	127888

~~(3)~~(4) "Authorizing health care professional" means a health	127889
care professional who, pursuant to section ~~5111.887~~5166.307 of	127890
the Revised Code, authorizes a home care attendant to assist a	127891
consumer with self-administration of medication, nursing tasks, or	127892
both.	127893

~~(4)~~(5) "Consumer" means an individual to whom all of the	127894
following apply:	127895

(a) The individual is enrolled in a participating medicaid	127896
waiver component.	127897

(b) The individual has a medically determinable physical	127898
impairment to which both of the following apply:	127899

(i) It is expected to last for a continuous period of not	127900
less than twelve months.	127901

(ii) It causes the individual to require assistance with	127902
activities of daily living, self-care, and mobility, including	127903
either assistance with self-administration of medication or the	127904
performance of nursing tasks, or both.	127905

(c) In the case of an individual who is an adult, the	127906
individual is mentally alert and is, or has an authorized	127907
representative who is, capable of selecting, directing the actions	127908
of, and dismissing a home care attendant.	127909

(d) In the case of an individual who is a minor, the	127910
individual has an authorized representative who is capable of	127911
selecting, directing the actions of, and dismissing a home care	127912
attendant.	127913

~~(5)~~(6) "Controlled substance" has the same meaning as in	127914
section 3719.01 of the Revised Code.	127915

~~(6)~~(7) "Custodian" has the same meaning as in section	127916
2151.011 of the Revised Code.	127917

~~(7)~~(8) "Gastrostomy tube" means a percutaneously inserted	127918
catheter that terminates in the stomach.	127919

~~(8)~~(9) "Guardian" has the same meaning as in section 2111.01	127920
of the Revised Code.	127921

~~(9)~~(10) "Health care professional" means a physician or	127922
registered nurse.	127923

~~(10)~~(11) "Home care attendant" means an individual holding a	127924
valid ~~medicaid~~ provider agreement in accordance with section	127925
~~5111.881~~5166.301 of the Revised Code that authorizes the	127926
individual to provide home care attendant services to consumers.	127927

~~(11)~~(12) "Home care attendant services" means all of the	127928
following as provided by a home care attendant:	127929

(a) Personal care aide services;

127930

(b) Assistance with the self-administration of medication;

127931

127932

~~(12)~~(13) "Jejunostomy tube" means a percutaneously inserted	127933
catheter that terminates in the jejunum.	127934

~~(13) "Medicaid waiver component" has the same meaning as in~~	127935
~~section 5111.85 of the Revised Code.~~	127936

(14) "Medication" means a drug as defined in section 4729.01	127937
of the Revised Code.	127938

(15) "Minor" means an individual under eighteen years of age.

127939

(16) "Participating medicaid waiver component" means ~~both~~	127940
all of the following:	127941

(a) The medicaid-funded component of the PASSPORT program,	127942
unless it is terminated pursuant to division (C) of section 173.52	127943
of the Revised Code;	127944

(b) The Ohio home care waiver program ~~created under~~, unless	127945
it is terminated pursuant to section ~~5111.861~~5166.12 of the	127946
Revised Code;	127947

~~(b)~~(c) The Ohio transitions II aging carve-out program	127948
~~created under~~, unless it is terminated pursuant to section	127949
~~5111.863~~5166.13 of the Revised Code;	127950

(d) The integrated care delivery system medicaid waiver	127951
component authorized by section 5166.16 of the Revised Code.	127952

(17) "Physician" means an individual authorized under Chapter	127953
4731. of the Revised Code to practice medicine and surgery or	127954
osteopathic medicine and surgery.	127955

(18) "Practice of nursing as a registered nurse," "practice	127956
of nursing as a licensed practical nurse," and "registered nurse"	127957
have the same meanings as in section 4723.01 of the Revised Code.	127958
"Registered nurse" includes an advanced practice registered nurse,	127959
as defined in section 4723.01 of the Revised Code.	127960

(19) "Schedule II," "schedule III," "schedule IV," and	127961
"schedule V" have the same meanings as in section 3719.01 of the	127962
Revised Code.	127963

(B) ~~The director of job and family services may submit~~	127964
~~requests to the United States secretary of health and human~~	127965
~~services to amend the federal medicaid waivers authorizing the~~	127966
~~participating~~Participating medicaid waiver components ~~to have~~	127967
~~those components~~may cover home care attendant services in	127968
accordance with sections ~~5111.88~~5166.30 to ~~5111.8810~~5166.3010 of	127969
the Revised Code and rules adopted under section ~~5111.8811~~5166.02	127970
of the Revised Code. ~~Notwithstanding sections 5111.881 to~~	127971
~~5111.8811 of the Revised Code, those sections shall be implemented~~	127972
~~regarding a participating medicaid waiver component only if the~~	127973
~~secretary approves a waiver amendment for the component.~~	127974

~~Sec. 5111.881.~~ Sec. 5166.301. The medicaid director ~~of job and~~	127975
~~family services~~ shall enter into a ~~medicaid~~ provider agreement	127976
with an individual to authorize the individual to provide home	127977
care attendant services to consumers if the individual does both	127978
of the following:	127979

(A) Agrees to comply with the requirements of sections	127980
~~5111.88~~5166.30 to ~~5111.8810~~5166.3010 and rules adopted under	127981
section ~~5111.8811~~5166.02 of the Revised Code;	127982

(B) Provides the director evidence satisfactory to the	127983
director of all of the following:	127984

(1) That the individual either meets the personnel	127985
qualifications specified in 42 C.F.R. 484.4 for home health aides	127986
or has successfully completed at least one of the following:	127987

(a) A competency evaluation program or training and	127988
competency evaluation program approved or conducted by the	127989
director of health under section 3721.31 of the Revised Code;	127990

(b) A training program approved by the ~~department of job and~~	127991
~~family services~~appropriate director that includes training in at	127992
least all of the following and provides training equivalent to a	127993
training and competency evaluation program specified in division	127994
(B)(1)(a) of this section or meets the requirements of 42 C.F.R.	127995
484.36(a):	127996

(i) Basic home safety;

127997

(ii) Universal precautions for the prevention of disease	127998
transmission, including hand-washing and proper disposal of bodily	127999
waste and medical instruments that are sharp or may produce sharp	128000
pieces if broken;	128001

(iii) Personal care aide services;

128002

(iv) The labeling, counting, and storage requirements for	128003
schedule II, III, IV, and V medications.	128004

(2) That the individual has obtained a certificate of	128005
completion of a course in first aid from a first aid course to	128006
which all of the following apply:	128007

(a) It is not provided solely through the internet.

128008

(b) It includes hands-on training provided by a first aid	128009
instructor who is qualified to provide such training according to	128010
standards set in rules adopted under section ~~5111.8811~~5166.02 of	128011
the Revised Code.	128012

(c) It requires the individual to demonstrate successfully	128013
that the individual has learned the first aid taught in the	128014
course.	128015

(3) That the individual meets any other requirements for the	128016
medicaid provider agreement specified in rules adopted under	128017
section ~~5111.8811~~5166.02 of the Revised Code.	128018

~~Sec. 5111.882.~~ Sec. 5166.302. A home care attendant shall complete	128019
not less than twelve hours of in-service continuing education	128020
regarding home care attendant services each year and provide the	128021
appropriate director ~~of job and family services~~ evidence	128022
satisfactory to the appropriate director that the attendant	128023
satisfied this requirement. The evidence shall be submitted to the	128024
appropriate director not later than the annual anniversary of the	128025
issuance of the home care attendant's initial ~~medicaid~~ provider	128026
agreement.	128027

~~Sec. 5111.883.~~ Sec. 5166.303. A home care attendant shall do all	128028
of the following:	128029

(A) Maintain a clinical record for each consumer to whom the	128030
attendant provides home care attendant services in a manner that	128031
protects the consumer's privacy;	128032

(B) Participate in a face-to-face visit every ninety days	128033
with all of the following to monitor the health and welfare of	128034
each of the consumers to whom the attendant provides home care	128035
attendant services:	128036

(1) The consumer;

128037

(2) The consumer's authorized representative, if any;

128038

(3) A registered nurse who agrees to answer any questions	128039
that the attendant, consumer, or authorized representative has	128040
about consumer care needs, medications, and other issues.	128041

(C) Document the activities of each visit required by	128042
division (B) of this section in the consumer's clinical record	128043
with the assistance of the registered nurse.	128044

~~Sec. 5111.884.~~ Sec. 5166.304. (A) A home care attendant may assist	128045
a consumer with nursing tasks or self-administration of medication	128046
only after the attendant does both of the following:	128047

(1) Subject to division (B) of this section, completes	128048
consumer-specific training in how to provide the assistance that	128049
the authorizing health care professional authorizes the attendant	128050
to provide to the consumer;	128051

(2) At the request of the consumer, consumer's authorized	128052
representative, or authorizing health care professional,	128053
successfully demonstrates that the attendant has learned how to	128054
provide the authorized assistance to the consumer.	128055

(B) The training required by division (A)(1) of this section	128056
shall be provided by either of the following:	128057

(1) The authorizing health care professional;

128058

(2) The consumer or consumer's authorized representative in	128059
cooperation with the authorizing health care professional.	128060

~~Sec. 5111.885.~~ Sec. 5166.305. A home care attendant shall comply	128061
with both of the following when assisting a consumer with nursing	128062
tasks or self-administration of medication:	128063

(A) The written consent of the consumer or consumer's	128064
authorized representative provided to the appropriate director of	128065
~~job and family services~~ under section ~~5111.886~~5166.306 of the	128066
Revised Code;	128067

(B) The authorizing health care professional's written	128068
authorization provided to the appropriate director under section	128069
~~5111.887~~5166.307 of the Revised Code.	128070

~~Sec. 5111.886.~~ Sec. 5166.306. To consent to a home care attendant	128071
assisting a consumer with nursing tasks or self-administration of	128072
medication, the consumer or consumer's authorized representative	128073
shall provide the appropriate director ~~of job and family services~~	128074
a written statement signed by the consumer or authorized	128075
representative under which the consumer or authorized	128076
representative consents to both of the following:	128077

(A) Having the attendant assist the consumer with nursing	128078
tasks or self-administration of medication;	128079

(B) Assuming responsibility for directing the attendant when	128080
the attendant assists the consumer with nursing tasks or	128081
self-administration of medication.	128082

~~Sec. 5111.887.~~ Sec. 5166.307. To authorize a home care attendant	128083
to assist a consumer with nursing tasks or self-administration of	128084
medication, a health care professional shall provide the	128085
appropriate director ~~of job and family services~~ a written	128086
statement signed by the health care professional that includes all	128087
of the following:	128088

(A) The consumer's name and address;

128089

(B) A description of the nursing tasks or self-administration	128090
of medication with which the attendant is to assist the consumer,	128091
including, in the case of assistance with self-administration of	128092
medication, the name and dosage of the medication;	128093

(C) The times or intervals when the attendant is to assist	128094
the consumer with the self-administration of each dosage of the	128095
medication or nursing tasks;	128096

(D) The dates the attendant is to begin and cease providing	128097
the assistance;	128098

(E) A list of severe adverse reactions the attendant must	128099
report to the health care professional should the consumer	128100
experience one or more of the reactions;	128101

(F) At least one telephone number at which the attendant can	128102
reach the health care professional in an emergency;	128103

(G) Instructions the attendant is to follow when assisting	128104
the consumer with nursing tasks or self-administration of	128105
medication, including instructions for maintaining sterile	128106
conditions and for storage of task-related equipment and supplies;	128107

(H) The health care professional's attestation of both of the	128108
following:	128109

(1) That the consumer or consumer's authorized representative	128110
has demonstrated to the health care professional the ability to	128111
direct the attendant;	128112

(2) That the attendant has demonstrated to the health care	128113
professional the ability to provide the consumer assistance with	128114
nursing tasks or self-administration of medication that the health	128115
care professional has specifically authorized the attendant to	128116
provide and that the consumer or consumer's authorized	128117
representative has indicated to the health care professional that	128118
the consumer or authorized representative is satisfied with the	128119
attendant's demonstration.	128120

~~Sec. 5111.888.~~ Sec. 5166.308. When authorizing a home care	128121
attendant to assist a consumer with nursing tasks or	128122
self-administration of medication, a health care professional may	128123
not authorize a home care attendant to do any of the following:	128124

(A) Perform a task that is outside of the health care	128125
professional's scope of practice;	128126

(B) Assist the consumer with the self-administration of a	128127
medication, including a schedule II, schedule III, schedule IV, or	128128
schedule V drug unless both of the following apply:	128129

(1) The medication is administered orally, topically, or via	128130
a gastrostomy tube or jejunostomy tube, including through any of	128131
the following:	128132

(a) In the case of an oral medication, a metered dose	128133
inhaler;	128134

(b) In the case of a topical medication, including a	128135
transdermal medication, either of the following:	128136

(i) An eye, ear, or nose drop or spray;

128137

(ii) A vaginal or rectal suppository.

128138

(c) In the case of a gastrostomy tube or jejunostomy tube,	128139
only through a pre-programmed pump.	128140

(2) The medication is in its original container and the label	128141
attached to the container displays all of the following:	128142

(a) The consumer's full name in print;

128143

(b) The medication's dispensing date, which must not be more	128144
than twelve months before the date the attendant assists the	128145
consumer with self-administration of the medication;	128146

(c) The exact dosage and means of administration that match	128147
the health care professional's authorization to the attendant.	128148

(C) Assist the consumer with the self-administration of a	128149
schedule II, schedule III, schedule IV, or schedule V medication	128150
unless, in addition to meeting the requirements of division (B) of	128151
this section, all of the following apply:	128152

(1) The medication has a warning label on its container.

128153

(2) The attendant counts the medication in the consumer's or	128154
authorized representative's presence when the medication is	128155
administered to the consumer and records the count on a form used	128156
for the count as specified in rules adopted under section	128157
~~5111.8811~~5166.02 of the Revised Code.	128158

(3) The attendant recounts the medication in the consumer's	128159
or authorized representative's presence at least monthly and	128160
reconciles the recount on a log located in the consumer's clinical	128161
record.	128162

(4) The medication is stored separately from all other	128163
medications and is secured and locked at all times when not being	128164
administered to the consumer to prevent unauthorized access.	128165

(D) Perform an intramuscular injection;

128166

(E) Perform a subcutaneous injection unless it is for a	128167
routine dose of insulin;	128168

(F) Program a pump used to deliver a medication unless the	128169
pump is used to deliver a routine dose of insulin;	128170

(G) Insert, remove, or discontinue an intravenous access	128171
device;	128172

(H) Engage in intravenous medication administration;

128173

(I) Insert or initiate an infusion therapy;

128174

(J) Perform a central line dressing change.

128175

~~Sec. 5111.889.~~ Sec. 5166.309. A home care attendant who provides	128176
home care attendant services to a consumer in accordance with the	128177
authorizing health care professional's authorization does not	128178
engage in the practice of nursing as a registered nurse or in the	128179
practice of nursing as a licensed practical nurse in violation of	128180
section 4723.03 of the Revised Code.	128181

A consumer or the consumer's authorized representative shall	128182
report to the appropriate director ~~of job and family services~~ if a	128183
home care attendant engages in the practice of nursing as a	128184
registered nurse or the practice of nursing as a licensed	128185
practical nurse beyond the authorizing health care professional's	128186
authorization. The appropriate director shall forward a copy of	128187
each report to the board of nursing.	128188

~~Sec. 5111.8810.~~ Sec. 5166.3010. A consumer who is an adult may	128189
select an individual to act on the consumer's behalf for purposes	128190
regarding home care attendant services by submitting a written	128191
notice of the consumer's selection of an authorized representative	128192
to the appropriate director ~~of job and family services~~. The	128193
notice shall specifically identify the individual the consumer	128194
selects as authorized representative and may limit what the	128195
authorized representative may do on the consumer's behalf	128196
regarding home care attendant services. A consumer may not select	128197
the consumer's home care attendant to be the consumer's authorized	128198
representative.	128199

~~Sec. 5111.97.~~ Sec. 5166.35. (A) ~~As used in this section:~~

128200

~~(1) "Home and community-based services medicaid waiver~~	128201
~~component" has the same meaning as in section 5111.85 of the~~	128202
~~Revised Code.~~	128203

~~(2) "Nursing facility" has the same meaning as in section~~	128204
~~5111.20 of the Revised Code.~~	128205

~~(B) To the extent funds are available, the~~The medicaid	128206
director ~~of job and family services~~ may establish the Ohio access	128207
success project to help medicaid recipients make the transition	128208
from residing in a nursing ~~facility~~facilities to residing in a	128209
community ~~setting~~settings. The project may be established as a	128210
separate nonmedicaid program or integrated into a new or existing	128211
home and community-based services medicaid waiver component. The	128212
director shall permit any medicaid recipient ~~of medicaid-funded~~	128213
receiving nursing facility services to apply for participation in	128214
the project, but may limit the number of project participants.	128215

The director shall ensure that an assessment of an applicant	128216
is conducted as soon as practicable to determine whether the	128217
applicant is eligible for participation in the project. To the	128218
maximum extent possible, the assessment and eligibility	128219
determination shall be completed not later than the date that	128220
occurs six months after the applicant ~~became a recipient of~~	128221
~~medicaid-funded~~begins to receive nursing facility services.	128222

~~(C)~~(B) To be eligible for benefits under the project, a	128223
medicaid recipient must satisfy all of the following requirements:	128224

(1) The medicaid recipient must be ~~a recipient of~~	128225
~~medicaid-funded~~receiving nursing facility services, at the time	128226
of applying for the project benefits.	128227

(2) If the project is established as a nonmedicaid program,	128228
the medicaid recipient must be able to remain in the community as	128229
a result of receiving project benefits and the projected cost of	128230
the benefits to the project does not exceed eighty per cent of the	128231
average monthly medicaid cost of a medicaid recipient in a nursing	128232
facility.	128233

(3) If the project is integrated into a home and	128234
community-based services medicaid waiver component, the medicaid	128235
recipient must meet the waiver component's enrollment criteria.	128236

~~(D)~~(C) If the director establishes the Ohio access success	128237
project, the benefits provided under the project may include	128238
payment of all of the following:	128239

(1) The first month's rent in a community setting;

128240

(2) Rental deposits;

128241

(3) Utility deposits;

128242

(4) Moving expenses;

128243

(5) Other expenses not covered by the medicaid program that	128244
facilitate a medicaid recipient's move from a nursing facility to	128245
a community setting.	128246

~~(E)~~(D) If the project is established as a nonmedicaid	128247
program, no participant may receive more than two thousand	128248
dollars' worth of benefits under the project.	128249

~~(F)~~(E) If the department of ~~job and family services~~medicaid	128250
enters into a contract with an entity to provide fiscal management	128251
services regarding the project, the contract may provide for a	128252
portion of a participant's benefits under the project to be paid	128253
to the contracting entity. The contract shall specify the portion	128254
to be paid to the contracting entity.	128255

~~(G) The director may submit a request to the United States~~	128256
~~secretary of health and human services pursuant to section 1915 of~~	128257
~~the "Social Security Act," 95 Stat. 809 (1981), 42 U.S.C. 1396n,~~	128258
~~as amended, to create a home and community-based services medicaid~~	128259
~~waiver component to serve individuals who meet the criteria for~~	128260
~~participation in the Ohio access success project.~~	128261

~~(H)~~(F) The director may adopt rules in accordance with	128262
Chapter 119. of the Revised Code for the administration and	128263
operation of the project. If the project is integrated into a home	128264
and community-based services medicaid waiver component, the rules	128265
shall be adopted under section ~~5111.85~~5166.02 of the Revised	128266
Code.	128267

Sec. 5167.01. As used in this chapter:

128268

(A) "Controlled substance" has the same meaning as in section	128269
3719.01 of the Revised Code.	128270

(B) "Dual eligible individual" has the same meaning as in	128271
section 5160.01 of the Revised Code.	128272

(C) "Emergency services" has the same meaning as in the	128273
"Social Security Act," section 1932(b)(2), 42 U.S.C.	128274
1396u-2(b)(2).	128275

(D) "Home and community-based services medicaid waiver	128276
component" has the same meaning as in section 5166.01 of the	128277
Revised Code.	128278

(E) "Medicaid managed care organization" means a managed care	128279
organization under contract with the department of medicaid	128280
pursuant to section 5167.10 of the Revised Code.	128281

(F) "Medicaid waiver component" has the same meaning as in	128282
section 5166.01 of the Revised Code.	128283

(G) "Nursing facility" has the same meaning as in section	128284
5165.01 of the Revised Code.	128285

(H) "Prescribed drug" has the same meaning as in section	128286
5164.01 of the Revised Code.	128287

(I) "Provider" means any person or government entity that	128288
furnishes services to a medicaid recipient enrolled in a medicaid	128289
managed care organization, regardless of whether the person or	128290
entity has a provider agreement.	128291

(J) "Provider agreement" has the same meaning as in section	128292
5164.01 of the Revised Code.	128293

Sec. 5167.02. The medicaid director shall adopt rules as	128294
necessary to implement this chapter. The rules shall be adopted in	128295
accordance with Chapter 119. of the Revised Code.	128296

~~Sec. 5111.16.~~ Sec. 5167.03. (A) As part of the medicaid program,	128297
the department of ~~job and family services~~medicaid shall establish	128298
a care management system. ~~The department shall submit, if~~	128299
~~necessary, applications to the United States department of health~~	128300
~~and human services for waivers of federal medicaid requirements~~	128301
~~that would otherwise be violated in the implementation of the~~	128302
~~system.~~	128303

(B) The department shall implement the care management system	128304
in some or all counties and shall designate the medicaid	128305
recipients who are required or permitted to participate in the	128306
system. In the department's implementation of the system and	128307
designation of participants, all of the following apply:	128308

(1) In the case of individuals who receive medicaid on the	128309
basis of being included in the category identified by the	128310
department as covered families and children, the department shall	128311
implement the care management system in all counties. All	128312
individuals included in the category shall be designated for	128313
participation, except for individuals included in one or more of	128314
the medicaid recipient groups specified in 42 C.F.R. 438.50(d).	128315
The department shall ensure that all participants are enrolled in	128316
medicaid managed care organizations that are health insuring	128317
corporations ~~under contract with the department pursuant to~~	128318
~~section 5111.17 of the Revised Code~~.	128319

(2) In the case of individuals who receive medicaid on the	128320
basis of being aged, blind, or disabled, ~~as specified in division~~	128321
~~(C)(2) of section 5111.01 of the Revised Code,~~ the department	128322
shall implement the care management system in all counties. Except	128323
as provided in division (C) of this section, all individuals	128324
included in the category shall be designated for participation.	128325
The department shall ensure that all participants are enrolled in	128326
medicaid managed care organizations that are health insuring	128327
corporations ~~under contract with the department pursuant to~~	128328
~~section 5111.17 of the Revised Code~~.	128329

(3) Alcohol, drug addiction, and mental health services	128330
covered by medicaid shall not be included in any component of the	128331
care management system when the nonfederal share of the cost of	128332
those services is provided by a board of alcohol, drug addiction,	128333
and mental health services or a state agency other than the	128334
department of ~~job and family services~~medicaid, but the recipients	128335
of those services may otherwise be designated for participation in	128336
the system.	128337

(C)(1) In designating participants who receive medicaid on	128338
the basis of being aged, blind, or disabled, the department shall	128339
not include any of the following, except as provided under	128340
division (C)(2) of this section:	128341

(a) Individuals who are under twenty-one years of age;

128342

(b) Individuals who are institutionalized;

128343

(c) Individuals who become eligible for medicaid by spending	128344
down their income or resources to a level that meets the medicaid	128345
program's financial eligibility requirements;	128346

(d) ~~Individuals who are dually~~Dual eligible ~~under the~~	128347
~~medicaid program and the medicare program established under Title~~	128348
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	128349
~~1395, as amended~~individuals;	128350

(e) Individuals to the extent that they are receiving	128351
medicaid services through a medicaid waiver component~~, as defined~~	128352
~~in section 5111.85 of the Revised Code~~.	128353

(2) ~~If any necessary waiver of federal medicaid requirements~~	128354
~~is granted, the~~The department may designate any of the following	128355
individuals who receive medicaid on the basis of being aged,	128356
blind, or disabled as individuals who are permitted or required to	128357
participate in the care management system:	128358

(a) Individuals who are under twenty-one years of age;

128359

(b) Individuals who reside in a nursing facility~~, as defined~~	128360
~~in section 5111.20 of the Revised Code~~;	128361

(c) Individuals who, as an alternative to receiving nursing	128362
facility services, are participating in a home and community-based	128363
services medicaid waiver component~~, as defined in section 5111.85~~	128364
~~of the Revised Code~~;	128365

(d) ~~Individuals who are dually~~Dual eligible ~~under the~~	128366
~~medicaid program and the medicare program~~individuals.	128367

(D) Subject to division (B) of this section, the department	128368
may do both of the following under the care management system:	128369

(1) Require or permit participants in the system to obtain	128370
health care services from providers designated by the department;	128371

(2) Require or permit participants in the system to obtain	128372
health care services through medicaid managed care organizations	128373
~~under contract with the department pursuant to section 5111.17 of~~	128374
~~the Revised Code~~.	128375

~~(E)(1) The department shall prepare an annual report on the~~	128376
~~care management system. The report shall address the department's~~	128377
~~ability to implement the system, including all of the following~~	128378
~~components:~~	128379

~~(a) The required designation of participants included in the~~	128380
~~category identified by the department as covered families and~~	128381
~~children;~~	128382

~~(b) The required designation of participants included in the~~	128383
~~aged, blind, or disabled category of medicaid recipients;~~	128384

~~(c) The use of any programs for enhanced care management.~~

128385

~~(2) The department shall submit each annual report to the~~	128386
~~general assembly. The first report shall be submitted not later~~	128387
~~than October 1, 2007.~~	128388

~~(F) The director of job and family services may adopt rules~~	128389
~~in accordance with Chapter 119. of the Revised Code to implement~~	128390
~~this section.~~	128391

~~Sec. 5111.161.~~ Sec. 5167.031. (A) As used in this section:

128392

(1) "Children's care network" means any of the following:

128393

(a) A children's hospital;

128394

(b) A group of children's hospitals;

128395

128396

(2) "Children's hospital" has the same meaning as in section	128397
2151.86 of the Revised Code.	128398

(B) If the department of ~~job and family services~~medicaid	128399
includes in the care management system, pursuant to section	128400
~~5111.16~~5167.03 of the Revised Code, individuals under twenty-one	128401
years of age who are included in the category of individuals who	128402
receive medicaid on the basis of being aged, blind, or disabled,	128403
~~as specified in division (C)(2) of section 5111.01 of the Revised~~	128404
~~Code,~~ the department ~~shall develop a system to~~may recognize	128405
entities as pediatric accountable care organizations. ~~The purpose~~	128406
~~of the recognition system shall be to meet the complex medical and~~	128407
~~behavioral needs of disabled children through new approaches to~~	128408
~~care coordination. The department shall implement the recognition~~	128409
~~system not later than July 1, 2012.~~	128410

An entity recognized by the department as a pediatric	128411
accountable care organization may develop innovative partnerships	128412
between relevant groups and may contract directly or subcontract	128413
with the state to provide care coordination and other services to	128414
the medicaid recipients under twenty-one years of age described in	128415
this division who are permitted or required to participate in the	128416
care management system.	128417

(C)(1) To be recognized by the department as a pediatric	128418
accountable care organization, an entity shall meet the standards	128419
established ~~in rules adopted under this section~~by the department.	128420
Unless required by ~~sections~~section 2706 ~~and 3022~~ of the "Patient	128421
Protection and Affordable Care Act," 124 Stat. 325 (2010) and	128422
~~Title XVIII of~~ the "Social Security Act," ~~124 Stat. 395 (2010)~~	128423
section 1895, 42 U.S.C. 1395jjj, the regulations adopted pursuant	128424
to those sections, and the laws of this state, the department	128425
shall not require that an entity be a health insuring corporation	128426
as a condition of receiving the department's recognition.	128427

(2) Any of the following entities may receive the	128428
department's recognition, if the standards for recognition have	128429
been met:	128430

(a) A children's care network;

128431

(b) A children's care network that may include one or more	128432
other entities, including, but not limited to, health insuring	128433
corporations or other managed care organizations;	128434

128435

(D) The ~~department~~medicaid director shall consult with all	128436
of the following in adopting rules ~~under~~authorized by division	128437
(E) of this section necessary for an entity to be recognized by	128438
the department as a pediatric accountable care organization:	128439

(1) The superintendent of insurance;

128440

(2) Children's hospitals;

128441

(3) ~~Managed~~Medicaid managed care organizations ~~under~~	128442
~~contract pursuant to section 5111.17 of the Revised Code~~;	128443

(4) Any other relevant entities, as determined necessary by	128444
the department, with interests in pediatric accountable care	128445
organizations.	128446

(E) ~~The department shall adopt rules in accordance with~~	128447
~~Chapter 119. of the Revised Code as necessary to implement this~~	128448
~~section.~~ In adopting ~~the~~ rules under section 5167.02 of the	128449
Revised Code, the ~~department~~medicaid director shall do all of the	128450
following:	128451

(1) Establish application procedures to be followed by an	128452
entity seeking recognition as a pediatric accountable care	128453
organization;	128454

(2) Ensure that the standards for recognition as a pediatric	128455
accountable care organization are the same as and do not conflict	128456
with those specified in ~~sections~~section 2706 ~~and 3022~~ of the	128457
"Patient Protection and Affordable Care Act," 124 Stat. 325 (2010)	128458
and ~~Title XVIII of~~ the "Social Security Act," ~~124 Stat. 395~~	128459
~~(2010)~~section 1895, 42 U.S.C. 1395jjj or the regulations adopted	128460
pursuant to those sections;	128461

(3) Establish requirements regarding the access to pediatric	128462
specialty care provided through or by a pediatric accountable care	128463
organization;	128464

(4) Establish accountability and financial requirements for	128465
an entity recognized as a pediatric accountable care organization;	128466

(5) Establish quality improvement initiatives consistent with	128467
any state medicaid quality plan established by the department;	128468

(6) Establish transparency and consumer protection	128469
requirements for an entity recognized as a pediatric accountable	128470
care organization;	128471

(7) Establish a process for sharing data.

128472

(F) This section does not limit the authority of the	128473
department of insurance to regulate the business of insurance in	128474
this state.	128475

~~Sec. 5111.17.~~ Sec. 5167.10. (A) The department of ~~job and family~~	128476
~~services~~medicaid may enter into contracts with managed care	128477
organizations, including health insuring corporations, under which	128478
the organizations are authorized to provide, or arrange for the	128479
provision of, health care services to ~~medical assistance~~medicaid	128480
recipients who are required or permitted to obtain health care	128481
services through managed care organizations as part of the care	128482
management system established under section ~~5111.16~~5167.03 of the	128483
Revised Code.	128484

(B) ~~The~~(1) Subject to division (B)(2)(a) of this section,	128485
the department or its actuary shall base the hospital inpatient	128486
capital payment portion of the payment made to managed care	128487
organizations on data for services provided to all recipients	128488
enrolled in managed care organizations with which the department	128489
contracts, as reported by hospitals on relevant cost reports	128490
submitted pursuant to rules adopted under ~~this~~ section 5167.02 of	128491
the Revised Code.	128492

(2)(a) The hospital inpatient capital payment portion of the	128493
payment made to medicaid managed care organizations shall not	128494
exceed any maximum rate established by the department pursuant to	128495
rules adopted under this section.	128496

(b) If a maximum rate is established, a medicaid managed care	128497
organization shall not compensate hospitals for inpatient capital	128498
costs in an amount that exceeds that rate.	128499

(C) ~~The director of job and family services may adopt rules~~	128500
~~in accordance with Chapter 119. of the Revised Code to implement~~	128501
~~this section.~~	128502

~~(D)~~ The department of ~~job and family services~~medicaid shall	128503
allow a medicaid managed care organization to use providers to	128504
render care upon completion of the medicaid managed care	128505
organization's credentialing process.	128506

~~Sec. 5111.177.~~ Sec. 5167.11. When contracting under section	128507
~~5111.17~~5167.10 of the Revised Code with a health insuring	128508
corporation that holds a certificate of authority under Chapter	128509
1751. of the Revised Code, the department of ~~job and family~~	128510
~~services~~medicaid shall require the health insuring corporation to	128511
provide a grievance process for medicaid recipients in accordance	128512
with 42 C.F.R. 438, subpart F.	128513

~~Sec. 5111.172.~~ Sec. 5167.12. (A) When contracting under section	128514
~~5111.17~~5167.10 of the Revised Code with a managed care	128515
organization that is a health insuring corporation, the department	128516
of ~~job and family services~~medicaid shall require the health	128517
insuring corporation to provide coverage of ~~prescription~~	128518
prescribed drugs for medicaid recipients enrolled in the health	128519
insuring corporation. In providing the required coverage, the	128520
health insuring corporation may, subject to the department's	128521
approval and the limitations specified in division (B) of this	128522
section, use strategies for the management of drug utilization.	128523

(B) The department shall not permit a health insuring	128524
corporation to impose a prior authorization requirement in the	128525
case of a drug to which all of the following apply:	128526

(1) The drug is an antidepressant or antipsychotic.

128527

(2) The drug is administered or dispensed in a standard	128528
tablet or capsule form, except that in the case of an	128529
antipsychotic, the drug also may be administered or dispensed in a	128530
long-acting injectable form.	128531

(3) The drug is prescribed by either of the following:

128532

(a) A physician whom the health insuring corporation,	128533
pursuant to division (C) of section ~~5111.17~~5167.10 of the Revised	128534
Code, has credentialed to provide care as a psychiatrist;	128535

(b) A psychiatrist practicing at a community mental health	128536
~~agency~~services provider certified by the department of ~~mental~~	128537
~~health~~mental health and addiction services under section	128538
~~5119.611~~5119.36 of the Revised Code.	128539

(4) The drug is prescribed for a use that is indicated on the	128540
drug's labeling, as approved by the federal food and drug	128541
administration.	128542

(C) ~~As used in this division, "controlled substance" has the~~	128543
~~same meaning as in section 3719.01 of the Revised Code.~~	128544

The department shall permit a health insuring corporation to	128545
develop and implement a pharmacy utilization management program	128546
under which prior authorization through the program is established	128547
as a condition of obtaining a controlled substance pursuant to a	128548
prescription.	128549

~~Sec. 5111.179.~~ Sec. 5167.13. Each contract the department of ~~job~~	128550
~~and family services~~medicaid enters into with a managed care	128551
organization under section ~~5111.17~~5167.10 of the Revised Code	128552
shall require the managed care organization to implement a	128553
coordinated services program for medicaid recipients enrolled in	128554
the organization who are found to have obtained ~~prescription~~	128555
prescribed drugs under the medicaid program at a frequency or in	128556
an amount that is not medically necessary. The program shall be	128557
implemented in a manner that is consistent with ~~section 1915(a)(2)~~	128558
of the "Social Security Act," ~~95 Stat. 810 (1981)~~section	128559
1915(a)(2), 42 U.S.C. 1396n(a)(2)~~, as amended~~, and 42 C.F.R.	128560
431.54(e).	128561

~~Sec. 5111.1710.~~ Sec. 5167.14. Each contract the department of ~~job~~	128562
~~and family services~~medicaid enters into with a managed care	128563
organization under section ~~5111.17~~5167.10 of the Revised Code	128564
shall require the managed care organization to enter into a data	128565
security agreement with the state board of pharmacy governing the	128566
managed care organization's use of the board's drug database	128567
established and maintained under section 4729.75 of the Revised	128568
Code.	128569

This section does not apply if the board no longer maintains	128570
the drug database.	128571

~~Sec. 5111.162.~~ Sec. 5167.20. (A) ~~As used in this section:~~

128572

~~(1) "Emergency services" has the same meaning as in section~~	128573
~~1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42~~	128574
~~U.S.C. 1396u-2(b)(2), as amended.~~	128575

~~(2) "Medicaid managed care organization" means a managed care~~	128576
~~organization that has entered into a contract with the department~~	128577
~~of job and family services pursuant to section 5111.17 of the~~	128578
~~Revised Code.~~	128579

~~(B)~~ Except as provided in division ~~(C)~~(B) of this section,	128580
when a participant in the care management system established under	128581
~~section 5111.16 of the Revised Code~~this chapter is enrolled in a	128582
medicaid managed care organization and the organization refers the	128583
participant to receive services, other than emergency services	128584
provided on or after January 1, 2007, at a hospital that	128585
participates in the medicaid program but is not under contract	128586
with the organization, the hospital shall provide the service for	128587
which the referral was made and shall accept from the	128588
organization, as payment in full, the amount derived from the	128589
~~reimbursement~~payment rate used by the department to ~~reimburse~~pay	128590
other hospitals of the same type for providing the same service to	128591
a medicaid recipient who is not enrolled in a medicaid managed	128592
care organization.	128593

~~(C)~~(B) A hospital is not subject to division ~~(B)~~(A) of this	128594
section if all of the following are the case:	128595

(1) The hospital is located in a county in which participants	128596
in the care management system are required before January 1, 2006,	128597
to be enrolled in a medicaid managed care organization that is a	128598
health insuring corporation;	128599

(2) The hospital has entered into a contract before January	128600
1, 2006, with at least one health insuring corporation serving the	128601
participants specified in division ~~(C)~~(B)(1) of this section;	128602

(3) The hospital remains under contract with at least one	128603
health insuring corporation serving participants in the care	128604
management system who are required to be enrolled in a health	128605
insuring corporation.	128606

~~(D)~~(C) The medicaid director ~~of job and family services~~ shall	128607
adopt rules under section 5167.02 of the Revised Code specifying	128608
the circumstances under which a medicaid managed care organization	128609
is permitted to refer a participant in the care management system	128610
to a hospital that is not under contract with the organization.	128611
~~The director may adopt any other rules necessary to implement this~~	128612
~~section. All rules adopted under this section shall be adopted in~~	128613
~~accordance with Chapter 119. of the Revised Code.~~	128614

~~Sec. 5111.163.~~ Sec. 5167.201. ~~(A) As used in this section:~~

128615

~~(1) "Emergency services" has the same meaning as in section~~	128616
~~1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42~~	128617
~~U.S.C. 1396u-2(b)(2), as amended.~~	128618

~~(2) "Medicaid managed care organization" has the same meaning~~	128619
~~as in section 5111.162 of the Revised Code.~~	128620

~~(3) "Provider" means any person, institution, or entity that~~	128621
~~furnishes emergency services to a medicaid recipient enrolled in a~~	128622
~~medicaid managed care organization, regardless of whether the~~	128623
~~person, institution, or entity has a provider agreement with the~~	128624
~~department of job and family services pursuant to Title XIX of the~~	128625
~~"Social Security Act."~~	128626

~~(B)~~ When a participant in the care management system	128627
established under ~~section 5111.16 of the Revised Code~~this chapter	128628
is enrolled in a medicaid managed care organization and receives	128629
emergency services on or after January 1, 2007, from a provider	128630
that is not under contract with the organization, the provider	128631
shall accept from the organization, as payment in full, not more	128632
than the amounts (less any payments for indirect costs of medical	128633
education and direct costs of graduate medical education) that the	128634
provider could collect if the participant received medicaid other	128635
than through enrollment in a managed care organization.	128636

An agreement entered into by a participant, a participant's	128637
parent, or a participant's legal guardian that requires payment	128638
for emergency services in violation of this section is void and	128639
unenforceable.	128640

~~Sec. 5111.982.~~ Sec. 5167.21. (A) As used in this section:

128641

(1) "Covered skilled nursing facility services" has the same	128642
meaning as in the "Social Security Act," section 1888(e)(2)(A), 42	128643
U.S.C. 1395yy(e)(2)(A).	128644

(2) "Current medicare fee-for-service rate" means the	128645
fee-for-service rate in effect for a covered skilled nursing	128646
facility service under medicare at the time the service is	128647
provided.	128648

(3) "Skilled nursing facility" has the same meaning as in the	128649
"Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	128650

(B) Except as provided in division (C) of this section, a	128651
medicaid managed care organization shall pay a skilled nursing	128652
facility at least the current medicare fee-for-service rate,	128653
without deduction for any coinsurance, for covered skilled nursing	128654
facility services that the skilled nursing facility provides to a	128655
dual eligible individual if the medicaid managed care organization	128656
is responsible for the payment under the terms of a contract that	128657
the medicaid managed care organization, ~~medical assistance~~	128658
medicaid director, and United States secretary of health and human	128659
services jointly enter into under the integrated care delivery	128660
system authorized by section ~~5111.981~~5164.91 of the Revised Code.	128661

(C) A medicaid managed care organization is required to pay	128662
the rate specified in division (B) of this section for covered	128663
skilled nursing facility services only if all of the following	128664
apply:	128665

(1) The United States secretary agrees to the payment rate as	128666
part of the contract that the medicaid managed care organization,	128667
~~medical assistance~~medicaid director, and United States secretary	128668
jointly enter into under the integrated care delivery system;	128669

(2) The medicaid managed care organization receives a federal	128670
capitation payment that is an actuarially sufficient amount for	128671
the costs that the medicaid managed care organization incurs in	128672
paying the rate;	128673

(3) No state funds are used for any part of the costs that	128674
the medicaid managed care organization incurs in paying the rate;	128675

(4) The integrated care delivery system provides for dual	128676
eligible individuals to receive the covered skilled nursing	128677
facility services as part of the system.	128678

~~Sec. 5111.178.~~ Sec. 5167.25. (A) The medicaid director ~~of job and~~	128679
~~family services~~ shall determine whether a waiver of federal	128680
medicaid requirements is necessary to fulfill the requirements of	128681
section 3901.3814 of the Revised Code. If the director determines	128682
a waiver is necessary, the department of ~~job and family services~~	128683
medicaid shall apply to the United States secretary of health and	128684
human services for the waiver.	128685

(B)(1) If the director determines that section 3901.3814 of	128686
the Revised Code can be implemented without a waiver or a waiver	128687
is granted, the department shall notify the department of	128688
insurance that the section can be implemented. Implementation of	128689
the section shall be effective eighteen months after the notice is	128690
sent.	128691

(2) At the time the notice is given under division (B)(1) of	128692
this section, the department shall also give notice to each health	128693
insuring corporation that provides coverage to medicaid	128694
recipients. The notice shall inform the corporation that sections	128695
3901.38 and 3901.381 to 3901.3814 of the Revised Code apply to	128696
claims for services rendered to recipients on the date determined	128697
under division (B)(1) of this section, instead of the prompt	128698
payment requirements of 42 C.F.R. 447.46. That date shall be	128699
specified in the notice.	128700

~~Sec. 5111.175.~~ Sec. 5167.26. For the purpose of determining the	128701
amount the department of ~~job and family services~~medicaid pays	128702
hospitals under section ~~5112.08~~5168.09 of the Revised Code and	128703
the amount of disproportionate share hospital payments paid by the	128704
medicare program ~~established under Title XVIII of~~pursuant to the	128705
"Social Security Act," ~~79 Stat. 286 (1965)~~section 1915, 42 U.S.C.	128706
1396n, ~~as amended,~~ a medicaid managed care organization ~~under~~	128707
~~contract with the department pursuant to section 5111.17 of the~~	128708
~~Revised Code authorizing the organization to provide, or arrange~~	128709
~~for the provision of, hospital services to medicaid recipients~~	128710
shall keep detailed records for each hospital with which it	128711
contracts ~~about~~, including records regarding the cost to the	128712
hospital of providing ~~the~~hospital services for the organization,	128713
payments made by the organization to the hospital for the	128714
services, utilization of hospital services by medicaid recipients	128715
enrolled in the organization, and other utilization data required	128716
by the department.	128717

~~Sec. 5111.1711.~~ Sec. 5167.30. (A)(1) The department of ~~job and~~	128718
~~family services~~medicaid shall establish a managed care	128719
performance payment program. Under the program, the department may	128720
provide payments to medicaid managed care organizations ~~under~~	128721
~~contract with the department pursuant to section 5111.17 of the~~	128722
~~Revised Code~~ that meet performance standards established by the	128723
department.	128724

(2) In establishing performance standards, the department may	128725
consult any of the following:	128726

(a) Any quality measurements developed under the pediatric	128727
quality measures program established pursuant to the "Social	128728
Security Act," section 1139A, 42 U.S.C. 1320b-9a;	128729

(b) Any core set of adult health quality measures for	128730
medicaid eligible adults used for purposes of the "Social Security	128731
Act," section 1139A, 42 U.S.C. 1320b-9b, and any adult health	128732
quality used for purposes of the medicaid quality measurement	128733
program when the program is established under ~~42 U.S.C. 1320b-9b~~	128734
that section of the "Social Security Act";	128735

(c) The most recent healthcare effectiveness data and	128736
information set and quality measurement tool established by the	128737
national committee for quality assurance.	128738

(3) The standards that must be met to receive the payments	128739
may be specified in the contract the department enters into with a	128740
medicaid managed care organization.	128741

(4) If a medicaid managed care organization meets the	128742
performance standards established by the department, the	128743
department shall make one or more performance payments to the	128744
organization. The amount of each performance payment, the number	128745
of payments, and the schedule for making the payments shall be	128746
established by the department. The payments shall be discontinued	128747
if the department determines that the organization no longer meets	128748
the performance standards. The department shall not make or	128749
discontinue payments based on any performance standard that has	128750
been in effect as part of the organization's contract for less	128751
than six months.	128752

(B) For purposes of the program, the department shall	128753
establish an amount that is to be withheld each time a premium	128754
payment is made to a medicaid managed care organization. The	128755
amount shall be established as a percentage of each premium	128756
payment. The percentage shall be the same for all medicaid managed	128757
care organizations ~~under contract with the department~~. The sum of	128758
all withholdings under this division shall not exceed ~~one~~two per	128759
cent of the total of all premium payments made to all medicaid	128760
managed care organizations ~~under contract with the department~~.	128761

Each medicaid managed care organization shall agree to the	128762
withholding as a condition of receiving or maintaining its	128763
~~medicaid~~ provider agreement with the department.	128764

When the amount is established and each time the amount is	128765
modified thereafter, the department shall certify the amount to	128766
the director of budget and management and begin withholding the	128767
amount from each premium the department pays to a medicaid managed	128768
care organization.	128769

~~(C) There is hereby created in the state treasury the managed~~	128770
~~care performance payment fund. The fund shall consist of amounts~~	128771
~~transferred to it by the director of budget and management for the~~	128772
~~purpose of the program. All investment earnings of the fund shall~~	128773
~~be credited to the fund. Amounts in the fund shall be used solely~~	128774
~~to make performance payments to managed care organizations in~~	128775
~~accordance with this section.~~	128776

~~(D) The department may adopt rules as necessary to implement~~	128777
~~this section. The rules shall be adopted in accordance with~~	128778
~~Chapter 119. of the Revised Code.~~	128779

~~Sec. 5111.171.~~ Sec. 5167.31. The department of ~~job and family~~	128780
~~services~~medicaid may provide financial incentive awards to	128781
medicaid managed care organizations ~~under contract with the~~	128782
~~department pursuant to section 5111.17 of the Revised Code~~ that	128783
meet or exceed performance standards specified in provider	128784
agreements or rules adopted by the ~~department~~medicaid director	128785
under section 5167.02 of the Revised Code. The department may	128786
specify in a contract with a medicaid managed care organization	128787
the amounts of financial incentive awards, methodology for	128788
distributing awards, types of awards, and standards for	128789
administration by the department.	128790

~~Sec. 5111.173.~~ Sec. 5167.40. The department of ~~job and family~~	128791
~~services~~medicaid shall appoint a temporary manager for a	128792
medicaid managed care organization ~~under contract with the~~	128793
~~department pursuant to section 5111.17 of the Revised Code~~ if the	128794
department determines that the medicaid managed care organization	128795
has repeatedly failed to meet substantive requirements specified	128796
in ~~section 1903(m) of~~ the "Social Security Act," ~~79 Stat. 286~~	128797
~~(1965)~~sections 1903(m) and 1932, 42 U.S.C. 1396b(m)~~, as amended;~~	128798
~~section 1932 of the Social Security Act, 42 U.S.C.~~and 1396u-2~~, as~~	128799
~~amended~~; or 42 C.F.R. 438 Part I. The appointment of a temporary	128800
manager does not preclude the department from imposing other	128801
sanctions available to the department against the medicaid managed	128802
care organization.	128803

The medicaid managed care organization shall pay all costs of	128804
having the temporary manager perform the temporary manager's	128805
duties, including all costs the temporary manager incurs in	128806
performing those duties. If the temporary manager incurs costs or	128807
liabilities on behalf of the medicaid managed care organization,	128808
the medicaid managed care organization shall pay those costs and	128809
be responsible for those liabilities.	128810

The appointment of a temporary manager is not subject to	128811
Chapter 119. of the Revised Code, but the managed care	128812
organization may request a reconsideration of the appointment.	128813
Reconsiderations shall be requested and conducted in accordance	128814
with rules the ~~director of job and family services~~medicaid	128815
director shall adopt ~~in accordance with Chapter 119. of~~under	128816
section 5167.02 of the Revised Code.	128817

The appointment of a temporary manager does not cause the	128818
medicaid managed care organization to lose the right to appeal, in	128819
accordance with Chapter 119. of the Revised Code, any proposed	128820
termination or any decision not to ~~renew~~revalidate the medicaid	128821
managed care organization's ~~medicaid~~ provider agreement or the	128822
right to initiate the sale of the medicaid managed care	128823
organization or its assets.	128824

~~In addition to the rules required to be adopted under this~~	128825
~~section, the director may adopt any other rules necessary to~~	128826
~~implement this section. The rules shall be adopted in accordance~~	128827
~~with Chapter 119. of the Revised Code.~~	128828

~~Sec. 5111.174.~~ Sec. 5167.41. The department of ~~job and family~~	128829
~~services~~medicaid may disenroll some or all medicaid recipients	128830
enrolled in a medicaid managed care organization ~~under contract~~	128831
~~with the department pursuant to section 5111.17 of the Revised~~	128832
~~Code~~ if the department proposes to terminate or not to renew the	128833
contract and determines that the recipients' access to medically	128834
necessary services is jeopardized by the proposal to terminate or	128835
not to renew the contract. The disenrollment is not subject to	128836
Chapter 119. of the Revised Code, but the medicaid managed care	128837
organization may request a reconsideration of the disenrollment.	128838
Reconsiderations shall be requested and conducted in accordance	128839
with rules the medicaid director ~~of job and family services~~ shall	128840
adopt ~~in accordance with Chapter 119.~~under section 5167.02 of the	128841
Revised Code. The request for, or conduct of, a reconsideration	128842
regarding a proposed disenrollment shall not delay the	128843
disenrollment.	128844

~~In addition to the rules required to be adopted under this~~	128845
~~section, the director may adopt any other rules necessary to~~	128846
~~implement this section. The rules shall be adopted in accordance~~	128847
~~with Chapter 119. of the Revised Code.~~	128848

~~Sec. 5112.01.~~ Sec. 5168.01. As used in sections ~~5112.03~~5168.01 to	128849
~~5112.21~~5168.14 of the Revised Code:	128850

(A) "Bad debt," "charity care," "courtesy care," and	128851
"contractual allowances" have the same meanings given these terms	128852
in regulations adopted under Title XVIII of the "Social Security	128853
Act," 42 U.S.C. 1395 et seq.	128854

(B) "Cost reporting period" means the twelve-month period	128855
used by a hospital in reporting costs for purposes of Title XVIII	128856
of the "Social Security Act," 42 U.S.C. 1395 et seq.	128857

(C) "Disproportionate share hospital" means a hospital that	128858
meets the definition of a disproportionate share hospital in rules	128859
adopted under section 5168.02 of the Revised Code.	128860

(D) "Federal poverty line" means the official poverty line	128861
defined by the United States office of management and budget based	128862
on the most recent data available from the United States bureau of	128863
the census and revised by the United States secretary of health	128864
and human services pursuant to the "Omnibus Budget Reconciliation	128865
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	128866

(E) "Governmental hospital" means a county hospital with more	128867
than five hundred registered beds or a state-owned and -operated	128868
hospital with more than five hundred registered beds.	128869

(F)(1) "Hospital" means a nonfederal hospital to which either	128870
of the following applies:	128871

(a) The hospital is registered under section 3701.07 of the	128872
Revised Code as a general medical and surgical hospital or a	128873
pediatric general hospital, and provides inpatient hospital	128874
services, as defined in 42 C.F.R. 440.10;	128875

(b) The hospital is recognized under the medicare program	128876
~~established by Title XVIII of the "Social Security Act," 49 Stat.~~	128877
~~620 (1935), 42 U.S.C.A. 301, as amended,~~ as a cancer hospital and	128878
is exempt from the medicare prospective payment system.	128879

(2) "Hospital" does not include a hospital operated by a	128880
health insuring corporation that has been issued a certificate of	128881
authority under section 1751.05 of the Revised Code or a hospital	128882
that does not charge patients for services.	128883

~~(2) "Disproportionate share hospital" means a hospital that~~	128884
~~meets the definition of a disproportionate share hospital in rules~~	128885
~~adopted under section 5112.03 of the Revised Code.~~	128886

~~(B) "Bad debt," "charity care," "courtesy care," and~~	128887
~~"contractual allowances" have the same meanings given these terms~~	128888
~~in regulations adopted under Title XVIII of the "Social Security~~	128889
~~Act."~~	128890

~~(C) "Cost reporting period" means the twelve-month period~~	128891
~~used by a hospital in reporting costs for purposes of Title XVIII~~	128892
~~of the "Social Security Act."~~	128893

~~(D) "Governmental hospital" means a county hospital with more~~	128894
~~than five hundred registered beds or a state-owned and -operated~~	128895
~~hospital with more than five hundred registered beds.~~	128896

~~(E)~~(G) "Indigent care pool" means the sum of the following:

128897

(1) The total of assessments to be paid in a program year by	128898
all hospitals under section ~~5112.06~~5168.06 of the Revised Code,	128899
less the assessments deposited into the legislative budget	128900
services fund under section ~~5112.19~~5168.12 of the Revised Code	128901
and into the health care services administration fund created	128902
under section ~~5111.94~~5162.54 of the Revised Code;	128903

(2) The total amount of intergovernmental transfers required	128904
to be made in the same program year by governmental hospitals	128905
under section ~~5112.07~~5168.07 of the Revised Code, less the amount	128906
of transfers deposited into the legislative budget services fund	128907
under section ~~5112.19~~5168.12 of the Revised Code and into the	128908
health care services administration fund created under section	128909
~~5111.94~~5162.54 of the Revised Code;	128910

(3) The total amount of federal matching funds that will be	128911
made available in the same program year as a result of funds	128912
distributed by the department of ~~job and family services~~medicaid	128913
to hospitals under section ~~5112.08~~5168.09 of the Revised Code.	128914

~~(F)~~(H) "Intergovernmental transfer" means any transfer of	128915
money by a governmental hospital under section ~~5112.07~~5168.07 of	128916
the Revised Code.	128917

~~(G) "Medical assistance program" means the program of medical~~	128918
~~assistance established under section 5111.01 of the Revised Code~~	128919
~~and Title XIX of the "Social Security Act."~~	128920

~~(H)~~(I) "Medicaid services" has the same meaning as in section	128921
5164.01 of the Revised Code.	128922

(J) "Program year" means a period beginning the first day of	128923
October, or a later date designated in rules adopted under section	128924
~~5112.03~~5168.02 of the Revised Code, and ending the thirtieth day	128925
of September, or an earlier date designated in rules adopted under	128926
that section.	128927

~~(I)~~(K) "Registered beds" means the total number of hospital	128928
beds registered with the department of health, as reported in the	128929
most recent "directory of registered hospitals" published by the	128930
department of health.	128931

~~(J)~~(L) "Third-party payer" means any person or government	128932
entity that may be liable by law or contract to make payment to or	128933
on behalf of an individual for health care services. "Third-party	128934
payer" does not include a hospital.	128935

(M) "Total facility costs" means the total costs for all	128936
services rendered to all patients, including the direct, indirect,	128937
and overhead cost to the hospital of all services, supplies,	128938
equipment, and capital related to the care of patients, regardless	128939
of whether patients are enrolled in a health insuring corporation,	128940
excluding costs associated with providing skilled nursing services	128941
in distinct-part nursing facility units, as shown on the	128942
hospital's cost report filed under section ~~5112.04~~5168.05 of the	128943
Revised Code. Effective October 1, 1993, if rules adopted under	128944
section ~~5112.03~~5168.02 of the Revised Code so provide, "total	128945
facility costs" may exclude costs associated with providing care	128946
to recipients of any of the governmental programs listed in	128947
division (B) of that section.	128948

~~(K)~~(N) "Uncompensated care" means bad debt and charity care.

128949

~~Sec. 5112.03.~~ Sec. 5168.02. (A) The ~~director of job and family~~	128950
~~services shall adopt, and may amend and rescind,~~medicaid director	128951
shall adopt rules in accordance with Chapter 119. of the Revised	128952
Code for the purpose of administering sections ~~5112.01~~5168.01 to	128953
~~5112.21~~5168.14 of the Revised Code, including rules that do all	128954
of the following:	128955

(1) Define as a "disproportionate share hospital" any	128956
hospital included under ~~subsection (b) of section 1923 of~~ the	128957
"Social Security Act," ~~49 Stat. 620 (1935)~~section 1923(b), 42	128958
U.S.C.A. 1396r-4(b), ~~as amended,~~ and any other hospital the	128959
director determines appropriate;	128960

(2) Prescribe the form for submission of cost reports under	128961
section ~~5112.04~~5168.05 of the Revised Code;	128962

(3) Establish, in accordance with division (A) of section	128963
~~5112.06~~5168.06 of the Revised Code, the assessment rate or rates	128964
to be applied to hospitals under that section;	128965

(4) Establish schedules for hospitals to pay installments on	128966
their assessments under section ~~5112.06~~5168.06 of the Revised	128967
Code and for governmental hospitals to pay installments on their	128968
intergovernmental transfers under section ~~5112.07~~5168.07 of the	128969
Revised Code;	128970

(5) Establish procedures to notify hospitals of adjustments	128971
made under division (B)(2)(b) of section ~~5112.06~~5168.06 of the	128972
Revised Code in the amount of installments on their assessment;	128973

(6) Establish procedures to notify hospitals of adjustments	128974
made under division (D) of section ~~5112.09~~5168.08 of the Revised	128975
Code in the total amount of their assessment and to adjust for the	128976
remainder of the program year the amount of the installments on	128977
the assessments;	128978

(7) Establish, in accordance with section ~~5112.08~~5168.09 of	128979
the Revised Code, the methodology for paying hospitals under that	128980
section.	128981

The director shall consult with hospitals when adopting the	128982
rules required by divisions (A)(4) and (5) of this section in	128983
order to minimize hospitals' cash flow difficulties.	128984

(B) Rules adopted under this section may provide that "total	128985
facility costs" excludes costs associated with any of the	128986
following:	128987

(1) ~~Recipients of the medical assistance program~~Medicaid	128988
recipients;	128989

(2) Recipients of disability financial assistance provided	128990
under Chapter 5115. of the Revised Code;	128991

(3) Recipients of the program for medically handicapped	128992
children established under section 3701.023 of the Revised Code;	128993

(4) ~~Recipients of the medicare program established under~~	128994
~~Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42~~	128995
~~U.S.C.A. 301, as amended:~~Medicare beneficiaries;	128996

(5) Recipients of Title V of the "Social Security Act," 42	128997
U.S.C. 701 et seq.,;	128998

(6) Any other category of costs deemed appropriate by the	128999
director in accordance with Title XIX of the "Social Security	129000
Act," 42 U.S.C. 1396 et seq., and the rules adopted under that	129001
title.	129002

~~Sec. 5112.05.~~ Sec. 5168.03. The requirements of sections ~~5112.06~~	129003
5168.06 to ~~5112.09~~5168.09 of the Revised Code apply only as long	129004
as the United States health care financing administration	129005
determines that the assessment imposed under section ~~5112.06~~	129006
5168.06 of the Revised Code is a permissible health care-related	129007
tax pursuant to ~~section 1903(w) of~~ the "Social Security Act," 49	129008
~~Stat. 620 (1935)~~section 1903(w), 42 U.S.C.A. 1396b(w)~~, as~~	129009
~~amended~~. Whenever the department of ~~job and family services~~	129010
medicaid is informed that the assessment is an impermissible	129011
health care-related tax, the department shall promptly refund to	129012
each hospital the amount of money currently in the hospital care	129013
assurance program fund created by section ~~5112.18~~5168.11 of the	129014
Revised Code that has been paid by the hospital under section	129015
~~5112.06~~5168.06 or ~~5112.07~~5168.07 of the Revised Code, plus any	129016
investment earnings on that amount.	129017

~~Sec. 5112.10.~~ Sec. 5168.04. The department of ~~job and family~~	129018
~~services~~medicaid shall operate the hospital care assurance	129019
program established by sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14	129020
of the Revised Code on a program year basis. The department shall	129021
complete all program requirements on or before the thirtieth day	129022
of September each year.	129023

~~Sec. 5112.04.~~ Sec. 5168.05. (A) Except as provided in division (C)	129024
of this section, each hospital, on or before the first day of July	129025
of each year or at a later date approved by the medicaid director	129026
~~of job and family services~~, shall submit to the department of ~~job~~	129027
~~and family services~~medicaid a financial statement for the	129028
preceding calendar year that accurately reflects the income,	129029
expenses, assets, liabilities, and net worth of the hospital, and	129030
accompanying notes. A hospital that has a fiscal year different	129031
from the calendar year shall file its financial statement within	129032
one hundred eighty days of the end of its fiscal year or at a	129033
later date approved by the director ~~of job and family services~~.	129034
The financial statement shall be prepared by an independent	129035
certified public accountant and reflect an official audit report	129036
prepared in a manner consistent with generally accepted accounting	129037
principles. The financial statement shall, to the extent that the	129038
hospital has sufficient financial records, show bad debt and	129039
charity care separately from courtesy care and contractual	129040
allowances.	129041

(B) Except as provided in division (C) of this section, each	129042
hospital, within one hundred eighty days after the end of the	129043
hospital's cost reporting period, shall submit to the department a	129044
cost report in a format prescribed in rules adopted ~~by the~~	129045
~~director of job and family services~~ under section ~~5112.03~~5168.02	129046
of the Revised Code. The department shall grant a hospital an	129047
extension of the one hundred eighty day period if the health care	129048
financing administration of the United States department of health	129049
and human services extends the date by which the hospital must	129050
submit its cost report for the hospital's cost reporting period.	129051

(C) The director ~~of job and family services~~ may adopt rules	129052
under section ~~5112.03~~5168.02 of the Revised Code specifying	129053
financial information that must be submitted by hospitals for	129054
which no financial statement or cost report is available. The	129055
rules shall specify deadlines for submitting the information. Each	129056
such hospital shall submit the information specified in the rules	129057
not later than the deadline specified in the rules.	129058

~~Sec. 5112.06.~~ Sec. 5168.06. (A) For the purpose of distributing	129059
funds to hospitals under the ~~medical assistance~~medicaid program	129060
pursuant to sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of the	129061
Revised Code and depositing funds into the legislative budget	129062
services fund under section ~~5112.19~~5168.12 of the Revised Code	129063
and into the health care services administration fund created	129064
under section ~~5111.94~~5162.54 of the Revised Code, there is hereby	129065
imposed an assessment on all hospitals. Each hospital's assessment	129066
shall be based on total facility costs. All hospitals shall be	129067
assessed according to the rate or rates established each program	129068
year ~~by the department of job and family services~~ in rules adopted	129069
under section ~~5112.03~~5168.02 of the Revised Code. The department	129070
shall assess all hospitals uniformly and in a manner consistent	129071
with federal statutes and regulations. During any program year,	129072
the department shall not assess any hospital more than two per	129073
cent of the hospital's total facility costs.	129074

The department shall establish an assessment rate or rates	129075
each program year that will do both of the following:	129076

(1) Yield funds that, when combined with intergovernmental	129077
transfers and federal matching funds, will produce a program of	129078
sufficient size to pay a substantial portion of the indigent care	129079
provided by hospitals;	129080

(2) Yield funds that, when combined with intergovernmental	129081
transfers and federal matching funds, will produce amounts for	129082
distribution to disproportionate share hospitals that do not	129083
exceed, in the aggregate, the limits prescribed by the United	129084
States health care financing administration under ~~subsection (f)~~	129085
~~of section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	129086
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~.	129087

(B)(1) Except as provided in division (B)(3) of this section,	129088
each hospital shall pay its assessment in periodic installments in	129089
accordance with a schedule established ~~by the director of job and~~	129090
~~family services~~ in rules adopted under section ~~5112.03~~5168.02 of	129091
the Revised Code.	129092

(2) The installments shall be equal in amount, unless either	129093
of the following applies:	129094

(a) The department makes adjustments during a program year	129095
under division (D) of section ~~5112.09~~5168.08 of the Revised Code	129096
in the total amount of hospitals' assessments;	129097

(b) The medicaid director ~~of job and family services~~	129098
determines that adjustments in the amounts of installments are	129099
necessary for the administration of sections ~~5112.01~~5168.01 to	129100
~~5112.21~~5168.14 of the Revised Code and that unequal installments	129101
will not create cash flow difficulties for hospitals.	129102

(3) The director may adopt rules under section ~~5112.03~~	129103
5168.02 of the Revised Code establishing alternate schedules for	129104
hospitals to pay assessments under this section in order to reduce	129105
hospitals' cash flow difficulties.	129106

~~Sec. 5112.07.~~ Sec. 5168.07. (A) The department of ~~job and family~~	129107
~~services~~medicaid may require governmental hospitals to make	129108
intergovernmental transfers each program year for the purpose of	129109
distributing funds to hospitals under the ~~medical assistance~~	129110
medicaid program pursuant to sections ~~5112.01~~5168.01 to ~~5112.21~~	129111
5168.14 of the Revised Code and depositing funds into the	129112
legislative budget services fund under section ~~5112.19~~5168.12 of	129113
the Revised Code and into the health care services administration	129114
fund created under section ~~5111.94~~5162.54 of the Revised Code.	129115
The department shall not require transfers in an amount that, when	129116
combined with hospital assessments paid under section ~~5112.06~~	129117
5168.06 of the Revised Code and federal matching funds, produce	129118
amounts for distribution to disproportionate share hospitals that,	129119
in the aggregate, exceed limits prescribed by the United States	129120
health care financing administration under ~~subsection (f) of~~	129121
~~section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	129122
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~.	129123

(B) Before or during each program year, the department shall	129124
notify each governmental hospital of the amount of the	129125
intergovernmental transfer it is required to make during the	129126
program year. Each governmental hospital shall make	129127
intergovernmental transfers as required by the department under	129128
this section in periodic installments, executed by electronic fund	129129
transfer, in accordance with a schedule established in rules	129130
adopted under section ~~5112.03~~5168.02 of the Revised Code.	129131

~~Sec. 5112.09.~~ Sec. 5168.08. (A) Before or during each program	129132
year, the department of ~~job and family services~~medicaid shall	129133
mail to each hospital by certified mail, return receipt requested,	129134
the preliminary determination of the amount that the hospital is	129135
assessed under section ~~5112.06~~5168.06 of the Revised Code during	129136
the program year. The preliminary determination of a hospital's	129137
assessment shall be calculated for a cost-reporting period that is	129138
specified in rules adopted under section ~~5112.03~~5168.02 of the	129139
Revised Code.	129140

The department shall consult with hospitals each year when	129141
determining the date on which it will mail the preliminary	129142
determinations in order to minimize hospitals' cash flow	129143
difficulties.	129144

If no hospital submits a request for reconsideration under	129145
division (B) of this section, the preliminary determination	129146
constitutes the final reconciliation of each hospital's assessment	129147
under section ~~5112.06~~5168.06 of the Revised Code. The final	129148
reconciliation is subject to adjustments under division (D) of	129149
this section.	129150

(B) Not later than fourteen days after the preliminary	129151
determinations are mailed, any hospital may submit to the	129152
department a written request to reconsider the preliminary	129153
determinations. The request shall be accompanied by written	129154
materials setting forth the basis for the reconsideration. If one	129155
or more hospitals submit a request, the department shall hold a	129156
public hearing not later than thirty days after the preliminary	129157
determinations are mailed to reconsider the preliminary	129158
determinations. The department shall mail to each hospital a	129159
written notice of the date, time, and place of the hearing at	129160
least ten days prior to the hearing. On the basis of the evidence	129161
submitted to the department or presented at the public hearing,	129162
the department shall reconsider and may adjust the preliminary	129163
determinations. The result of the reconsideration is the final	129164
reconciliation of the hospital's assessment under section ~~5112.06~~	129165
5168.06 of the Revised Code. The final reconciliation is subject	129166
to adjustments under division (D) of this section.	129167

(C) The department shall mail to each hospital a written	129168
notice of its assessment for the program year under the final	129169
reconciliation. A hospital may appeal the final reconciliation of	129170
its assessment to the court of common pleas of Franklin county.	129171
While a judicial appeal is pending, the hospital shall pay, in	129172
accordance with the schedules required by division (B) of section	129173
~~5112.06~~5168.06 of the Revised Code, any amount of its assessment	129174
that is not in dispute into the hospital care assurance program	129175
fund created in section ~~5112.18~~5168.11 of the Revised Code.	129176

(D) In the course of any program year, the department may	129177
adjust the assessment rate or rates established in rules pursuant	129178
to section ~~5112.06~~5168.06 of the Revised Code or adjust the	129179
amounts of intergovernmental transfers required under section	129180
~~5112.07~~5168.07 of the Revised Code and, as a result of the	129181
adjustment, adjust each hospital's assessment and	129182
intergovernmental transfer, to reflect refinements made by the	129183
United States health care financing administration during that	129184
program year to the limits it prescribed under ~~subsection (f) of~~	129185
~~section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	129186
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~. When	129187
adjusted, the assessment rate or rates must comply with division	129188
(A) of section ~~5112.06~~5168.06 of the Revised Code. An adjusted	129189
intergovernmental transfer must comply with division (A) of	129190
section ~~5112.07~~5168.07 of the Revised Code. The department shall	129191
notify hospitals of adjustments made under this division and	129192
adjust for the remainder of the program year the installments paid	129193
by hospitals under sections ~~5112.06~~5168.06 and ~~5112.07~~5168.07 of	129194
the Revised Code in accordance with rules adopted under section	129195
~~5112.03~~5168.02 of the Revised Code.	129196

~~Sec. 5112.08.~~ Sec. 5168.09. The medicaid director ~~of job and~~	129197
~~family services~~ shall adopt rules under section ~~5112.03~~5168.02 of	129198
the Revised Code establishing a methodology to pay hospitals that	129199
is sufficient to expend all money in the indigent care pool. Under	129200
the rules:	129201

(A) The department of ~~job and family services~~medicaid may	129202
classify similar hospitals into groups and allocate funds for	129203
distribution within each group.	129204

(B) The department shall establish a method of allocating	129205
funds to hospitals, taking into consideration the relative amount	129206
of indigent care provided by each hospital or group of hospitals.	129207
The amount to be allocated shall be based on any combination of	129208
the following indicators of indigent care that the director	129209
considers appropriate:	129210

(1) Total costs, volume, or proportion of services to	129211
recipients of the medical assistance program, including recipients	129212
enrolled in health insuring corporations;	129213

(2) Total costs, volume, or proportion of services to	129214
low-income patients in addition to medicaid recipients ~~of the~~	129215
~~medical assistance program~~, which may include recipients of Title	129216
V of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.A.	129217
~~301~~701 et seq., ~~as amended,~~ and recipients of disability	129218
financial assistance provided under Chapter 5115. of the Revised	129219
Code;	129220

(3) The amount of uncompensated care provided by the hospital	129221
or group of hospitals;	129222

(4) Other factors that the director considers to be	129223
appropriate indicators of indigent care.	129224

(C) The department shall distribute funds to each hospital or	129225
group of hospitals in a manner that first may provide for an	129226
additional distribution to individual hospitals that provide a	129227
high proportion of indigent care in relation to the total care	129228
provided by the hospital or in relation to other hospitals. The	129229
department shall establish a formula to distribute the remainder	129230
of the funds. The formula shall be consistent with ~~section 1923 of~~	129231
the "Social Security Act," section 1923, 42 U.S.C.A. 1396r-4, as	129232
~~amended,~~and shall be based on any combination of the indicators	129233
of indigent care listed in division (B) of this section that the	129234
director considers appropriate.	129235

(D) The department shall distribute funds to each hospital in	129236
installments not later than ten working days after the deadline	129237
established in rules for each hospital to pay an installment on	129238
its assessment under section ~~5112.06~~5168.06 of the Revised Code.	129239
In the case of a governmental hospital that makes	129240
intergovernmental transfers, the department shall pay an	129241
installment under this section not later than ten working days	129242
after the earlier of that deadline or the deadline established in	129243
rules for the governmental hospital to pay an installment on its	129244
intergovernmental transfer. If the amount in the hospital care	129245
assurance program fund created under section ~~5112.18~~5168.11 of	129246
the Revised Code and the portion of the health care - federal fund	129247
created under section ~~5111.943~~5162.50 of the Revised Code that is	129248
credited to that fund pursuant to division (B) of section ~~5112.18~~	129249
5168.11 of the Revised Code are insufficient to make the total	129250
distributions for which hospitals are eligible to receive in any	129251
period, the department shall reduce the amount of each	129252
distribution by the percentage by which the amount and portion are	129253
insufficient. The department shall distribute to hospitals any	129254
amounts not distributed in the period in which they are due as	129255
soon as moneys are available in the funds.	129256

~~Sec. 5112.11.~~ Sec. 5168.10. Except for moneys deposited into the	129257
legislative budget services fund under section ~~5112.19~~5168.12 of	129258
the Revised Code and the health care services administration fund	129259
created under section ~~5111.94~~5162.54 of the Revised Code, the	129260
department of ~~job and family services~~medicaid shall not use money	129261
paid to the department under sections ~~5112.06~~5168.06 and ~~5112.07~~	129262
5168.07 of the Revised Code or money that the department pays to	129263
hospitals under section ~~5112.08~~5168.09 of the Revised Code to	129264
replace any funds appropriated by the general assembly for the	129265
~~medical assistance~~medicaid program.	129266

~~Sec. 5112.18.~~ Sec. 5168.11. (A) Except as provided in section	129267
~~5112.19~~5168.12 of the Revised Code, all payments of assessments	129268
by hospitals under section ~~5112.06~~5168.06 of the Revised Code and	129269
all intergovernmental transfers under section ~~5112.07~~5168.07 of	129270
the Revised Code shall be deposited in the state treasury to the	129271
credit of the hospital care assurance program fund, hereby	129272
created. All investment earnings of the hospital care assurance	129273
program fund shall be credited to the fund. The department of ~~job~~	129274
~~and family services~~medicaid shall maintain records that show the	129275
amount of money in the hospital care assurance program fund at any	129276
time that has been paid by each hospital and the amount of any	129277
investment earnings on that amount. All moneys credited to the	129278
hospital care assurance program fund shall be used solely to make	129279
payments to hospitals under division (D) of this section and	129280
section ~~5112.08~~5168.09 of the Revised Code.	129281

(B) All federal matching funds received as a result of the	129282
department distributing funds from the hospital care assurance	129283
program fund to hospitals under section ~~5112.08~~5168.09 of the	129284
Revised Code shall be credited to the health care - federal fund	129285
created under section ~~5111.943~~5162.50 of the Revised Code.	129286

(C) All distributions of funds to hospitals under section	129287
~~5112.08~~5168.09 of the Revised Code are conditional on:	129288

(1) Expiration of the time for appeals under section ~~5112.09~~	129289
5168.08 of the Revised Code without the filing of an appeal, or on	129290
court determinations, in the event of appeals, that the hospital	129291
is entitled to the funds;	129292

(2) The sum of the following being sufficient to distribute	129293
the funds after the final determination of any appeals:	129294

(a) The available money in the hospital care assurance	129295
program fund;	129296

(b) The available portion of the money in the health care -	129297
federal fund that is credited to that fund pursuant to division	129298
(B) of this section.	129299

(3) The hospital's compliance with section ~~5112.17~~5168.14 of	129300
the Revised Code.	129301

(D) If an audit conducted by the department of the amounts of	129302
payments made and funds received by hospitals under sections	129303
~~5112.06~~5168.06, ~~5112.07~~5168.07, and ~~5112.08~~5168.09 of the	129304
Revised Code identifies amounts that, due to errors by the	129305
department, a hospital should not have been required to pay but	129306
did pay, should have been required to pay but did not pay, should	129307
not have received but did receive, or should have received but did	129308
not receive, the department shall:	129309

(1) Make payments to any hospital that the audit reveals paid	129310
amounts it should not have been required to pay or did not receive	129311
amounts it should have received;	129312

(2) Take action to recover from a hospital any amounts that	129313
the audit reveals it should have been required to pay but did not	129314
pay or that it should not have received but did receive.	129315

Payments made under division (D)(1) of this section shall be	129316
made from the hospital care assurance program fund. Amounts	129317
recovered under division (D)(2) of this section shall be deposited	129318
to the credit of that fund. Any hospital may appeal the amount the	129319
hospital is to be paid under division (D)(1) or the amount that is	129320
to be recovered from the hospital under division (D)(2) of this	129321
section to the court of common pleas of Franklin county.	129322

~~Sec. 5112.19.~~ Sec. 5168.12. From the first installment of	129323
assessments paid under section ~~5112.06~~5168.06 of the Revised Code	129324
and intergovernmental transfers made under section ~~5112.07~~5168.07	129325
of the Revised Code during each program year beginning in an	129326
odd-numbered calendar year, the department of ~~job and family~~	129327
~~services~~medicaid shall deposit into the state treasury to the	129328
credit of the legislative budget services fund, which is hereby	129329
created, a total amount equal to the amount by which the biennial	129330
appropriation from that fund exceeds the amount of unexpended,	129331
unencumbered moneys in that fund. All investment earnings of the	129332
legislative budget services fund shall be credited to that fund.	129333
Money in the legislative budget services fund shall be used solely	129334
to pay the expenses of the legislative budget office of the	129335
legislative service commission.	129336

~~Sec. 5112.21.~~ Sec. 5168.13. Except as specifically required by	129337
sections ~~5112.01~~5168.01 to ~~5112.19~~5168.14 of the Revised Code,	129338
information filed under those sections shall not include any	129339
patient-identifying material. Information that includes	129340
patient-identifying material is not a public record under section	129341
149.43 of the Revised Code, and no patient-identifying material	129342
shall be released publicly by the department of ~~job and family~~	129343
~~services~~medicaid or by any person under contract with the	129344
department who has access to such information.	129345

~~Sec. 5112.17.~~ Sec. 5168.14. (A) ~~As used in this section:~~

129346

~~(1) "Federal poverty guideline" means the official poverty~~	129347
~~guideline as revised annually by the United States secretary of~~	129348
~~health and human services in accordance with section 673 of the~~	129349
~~"Community Service Block Grant Act," 95 Stat. 511 (1981), 42~~	129350
~~U.S.C.A. 9902, as amended, for a family size equal to the size of~~	129351
~~the family of the person whose income is being determined.~~	129352

~~(2) "Third-party payer" means any private or public entity or~~	129353
~~program that may be liable by law or contract to make payment to~~	129354
~~or on behalf of an individual for health care services.~~	129355
~~"Third-party payer" does not include a hospital.~~	129356

~~(B)~~ Each hospital that receives funds distributed under	129357
sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of the Revised Code	129358
shall provide, without charge to the individual, basic, medically	129359
necessary hospital-level services to individuals who are residents	129360
of this state, are not medicaid recipients ~~of the medical~~	129361
~~assistance program~~, and whose income is at or below the federal	129362
poverty ~~guideline~~line. Recipients of disability financial	129363
assistance provided under Chapter 5115. of the Revised Code	129364
qualify for services under this section. The medicaid director of	129365
~~job and family services~~ shall adopt rules under section ~~5112.03~~	129366
5168.02 of the Revised Code specifying the hospital services to be	129367
provided under this section.	129368

~~(C)~~(B) Nothing in this section shall be construed to prevent	129369
a hospital from requiring an individual to apply for ~~eligibility~~	129370
~~under~~ the ~~medical assistance~~medicaid program before the hospital	129371
processes an application under this section. Hospitals may bill	129372
any third-party payer for services rendered under this section.	129373
Hospitals may bill the ~~medical assistance~~medicaid program, in	129374
accordance with ~~Chapter 5111. of the Revised Code~~state statutes	129375
governing the medicaid program and ~~the~~ rules adopted under ~~that~~	129376
~~chapter~~those statutes, for medicaid services rendered under this	129377
section if the individual becomes a medicaid recipient ~~of the~~	129378
~~program~~. Hospitals may bill individuals for services under this	129379
section if all of the following apply:	129380

(1) The hospital has an established post-billing procedure	129381
for determining the individual's income and canceling the charges	129382
if the individual is found to qualify for services under this	129383
section.	129384

(2) The initial bill, and at least the first follow-up bill,	129385
is accompanied by a written statement that does all of the	129386
following:	129387

(a) Explains that individuals with income at or below the	129388
federal poverty ~~guideline~~line are eligible for services without	129389
charge;	129390

(b) Specifies the federal poverty ~~guideline~~line for	129391
individuals and families of various sizes at the time the bill is	129392
sent;	129393

(c) Describes the procedure required by division (C)(1) of	129394
this section.	129395

(3) The hospital complies with any additional rules ~~the~~	129396
~~department adopts~~adopted under section ~~5112.03~~5168.02 of the	129397
Revised Code.	129398

Notwithstanding division (B) of this section, a hospital	129399
providing care to an individual under this section is subrogated	129400
to the rights of any individual to receive compensation or	129401
benefits from any person or governmental entity for the hospital	129402
goods and services rendered.	129403

~~(D)~~(C) Each hospital shall collect and report to the	129404
department of medicaid, in the form and manner prescribed by the	129405
department, information on the number and identity of patients	129406
served pursuant to this section.	129407

~~(E)~~(D) This section applies beginning May 22, 1992,	129408
regardless of whether ~~the department has adopted~~ rules specifying	129409
the services to be provided have been adopted. Nothing in this	129410
section alters the scope or limits the obligation of any	129411
governmental entity or program, including the program awarding	129412
reparations to victims of crime under sections 2743.51 to 2743.72	129413
of the Revised Code and the program for medically handicapped	129414
children established under section 3701.023 of the Revised Code,	129415
to pay for hospital services in accordance with state or local	129416
law.	129417

~~Sec. 5112.40.~~ Sec. 5168.20. As used in sections ~~5112.40~~5168.20 to	129418
~~5112.48~~5168.28 of the Revised Code:	129419

(A) "Applicable assessment percentage" means the percentage	129420
specified in rules adopted under section ~~5112.46~~5168.26 of the	129421
Revised Code that is used in calculating a hospital's assessment	129422
under section ~~5112.41~~5168.21 of the Revised Code.	129423

(B) "Assessment program year" means the twelve-month period	129424
beginning the first day of October of a calendar year and ending	129425
the last day of September of the following calendar year.	129426

(C) "Cost reporting period" means the period of time used by	129427
a hospital in reporting costs for purposes of the medicare	129428
program.	129429

(D) "Federal fiscal year" means the twelve-month period	129430
beginning the first day of October of a calendar year and ending	129431
the last day of September of the following calendar year.	129432

(E)(1) Except as provided in division (E)(2) of this section,	129433
"hospital" means a hospital to which any of the following applies:	129434

(a) The hospital is registered under section 3701.07 of the	129435
Revised Code as a general medical and surgical hospital or a	129436
pediatric general hospital and provides inpatient hospital	129437
services, as defined in 42 C.F.R. 440.10.	129438

(b) The hospital is recognized under the medicare program as	129439
a cancer hospital and is exempt from the medicare prospective	129440
payment system.	129441

(c) The hospital is a psychiatric hospital licensed under	129442
section ~~5119.20~~5119.33 of the Revised Code.	129443

(2) "Hospital" does not include either of the following:

129444

(a) A federal hospital;

129445

(b) A hospital that does not charge any of its patients for	129446
its services.	129447

(F) "Hospital care assurance program" means the program	129448
established under sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of	129449
the Revised Code.	129450

(G) ~~"Medicaid" has the same meaning as in section 5111.01 of~~	129451
~~the Revised Code.~~	129452

~~(H) "Medicare" means the program established under Title~~	129453
~~XVIII of the Social Security Act.~~	129454

~~(I)~~ "State fiscal year" means the twelve-month period	129455
beginning the first day of July of a calendar year and ending the	129456
last day of June of the following calendar year.	129457

~~(J)~~(H)(1) Except as provided in divisions ~~(J)~~(H)(2) and (3)	129458
of this section, "total facility costs" means the total costs to a	129459
hospital for all care provided to all patients, including the	129460
direct, indirect, and overhead costs to the hospital of all	129461
services, supplies, equipment, and capital related to the care of	129462
patients, regardless of whether patients are enrolled in a health	129463
insuring corporation.	129464

(2) "Total facility costs" excludes all of the following of a	129465
hospital's costs as shown on the cost-reporting data used for	129466
purposes of determining the hospital's assessment under section	129467
~~5112.41~~5168.21 of the Revised Code:	129468

(a) Skilled nursing services provided in distinct-part	129469
nursing facility units;	129470

(b) Home health services;

129471

129472

(d) Ambulance services;

129473

(e) Renting durable medical equipment;

129474

(f) Selling durable medical equipment.

129475

(3) "Total facility costs" excludes any costs excluded from a	129476
hospital's total facility costs pursuant to rules, if any, adopted	129477
under division (B)(1) of section ~~5112.46~~5168.26 of the Revised	129478
Code.	129479

~~Sec. 5112.41.~~ Sec. 5168.21. (A) For the purposes specified in	129480
section ~~5112.45~~5168.25 of the Revised Code and subject to	129481
section ~~5112.48~~5168.28 of the Revised Code, there is hereby	129482
imposed an assessment on all hospitals each assessment program	129483
year. The amount of a hospital's assessment for an assessment	129484
program year shall equal the applicable assessment percentage of	129485
the hospital's total facility costs for the period of time	129486
specified in division (B) of this section. The amount of a	129487
hospital's total facility costs shall be derived from	129488
cost-reporting data for the hospital submitted to the department	129489
of ~~job and family services~~medicaid for purposes of the hospital	129490
care assurance program. If a hospital has not submitted that	129491
cost-reporting data to the department, the amount of a hospital's	129492
total facility costs shall be derived from other financial	129493
statements that the hospital shall provide to the department as	129494
directed by the department. The cost-reporting data or financial	129495
statements used to determine a hospital's assessment is subject to	129496
the same type of adjustments made to the cost-reporting data under	129497
the hospital care assurance program.	129498

(B) The period of time specified in this division is the	129499
hospital's cost reporting period that ends in the state fiscal	129500
year that ends in the federal fiscal year that precedes the	129501
federal fiscal year that precedes the assessment program year for	129502
which the assessment is imposed.	129503

(C) The assessment imposed by this section on a hospital is	129504
in addition to the assessment imposed by section ~~5112.06~~5168.06	129505
of the Revised Code.	129506

~~Sec. 5112.42.~~ Sec. 5168.22. (A) Before or during each assessment	129507
program year, the department of ~~job and family services~~medicaid	129508
shall mail to each hospital by certified mail, return receipt	129509
requested, the preliminary determination of the amount that the	129510
hospital is assessed under section ~~5112.41~~5168.21 of the Revised	129511
Code for the assessment program year. Except as provided in	129512
division (B) of this section, the preliminary determination	129513
becomes the final determination for the assessment program year	129514
fifteen days after the preliminary determination is mailed to the	129515
hospital.	129516

(B) A hospital may request that the department reconsider the	129517
preliminary determination mailed to the hospital under division	129518
(A) of this section by submitting to the department a written	129519
request for a reconsideration not later than fourteen days after	129520
the hospital's preliminary determination is mailed to the	129521
hospital. The request must be accompanied by written materials	129522
setting forth the basis for the reconsideration. On receipt of the	129523
timely request, the department shall reconsider the preliminary	129524
determination and may adjust the preliminary determination on the	129525
basis of the written materials accompanying the request. The	129526
result of the reconsideration is the final determination of the	129527
hospital's assessment under section ~~5112.41~~5168.21 of the Revised	129528
Code for the assessment program year.	129529

(C) The department shall mail to each hospital a written	129530
notice of the final determination of its assessment for the	129531
assessment program year. A hospital may appeal the final	129532
determination to the court of common pleas of Franklin county.	129533
While a judicial appeal is pending, the hospital shall pay, in	129534
accordance with section ~~5112.43~~5168.23 of the Revised Code, any	129535
amount of its assessment that is not in dispute.	129536

~~Sec. 5112.43.~~ Sec. 5168.23. Unless rules adopted under section	129537
~~5112.46~~5168.26 of the Revised Code establish a different payment	129538
schedule, each hospital shall pay the amount it is assessed under	129539
section ~~5112.41~~5168.21 of the Revised Code in accordance with the	129540
following payment schedule:	129541

(A) Twenty-eight per cent of a hospital's assessment is due	129542
on the last business day of October of each assessment program	129543
year.	129544

(B) Thirty-one per cent of a hospital's assessment is due on	129545
the last business day of February of each assessment program year.	129546

(C) Forty-one per cent of a hospital's assessment is due on	129547
the last business day of May of each assessment program year.	129548

~~Sec. 5112.44.~~ Sec. 5168.24. The department of ~~job and family~~	129549
~~services~~medicaid may audit a hospital to ensure that the hospital	129550
properly pays the amount it is assessed under section ~~5112.41~~	129551
5168.21 of the Revised Code. The department shall take action to	129552
recover from a hospital any amount the audit reveals that the	129553
hospital should have paid but did not pay.	129554

~~Sec. 5112.45.~~ Sec. 5168.25. There is hereby created in the state	129555
treasury the hospital assessment fund. All installment payments	129556
made by hospitals under section ~~5112.43~~5168.23 of the Revised	129557
Code and all recoveries the department of ~~job and family services~~	129558
medicaid makes under section ~~5112.44~~5168.24 of the Revised Code	129559
shall be deposited into the fund. All investment earnings of the	129560
fund shall be credited to the fund. The department shall use money	129561
in the fund to pay for the costs of the medicaid program,	129562
including the program's administrative costs.	129563

~~Sec. 5112.46.~~ Sec. 5168.26. (A) The ~~director of job and family~~	129564
~~services shall adopt, amend, and rescind~~medicaid director shall	129565
adopt rules in accordance with Chapter 119. of the Revised Code as	129566
necessary to implement sections ~~5112.40~~5168.20 to ~~5112.48~~5168.28	129567
of the Revised Code, including rules that specify the percentage	129568
of hospitals' total facility costs to be used in calculating	129569
hospitals' assessments under section ~~5112.41~~5168.21 of the	129570
Revised Code.	129571

(B) The rules adopted under this section may do the	129572
following:	129573

(1) Provide that a hospital's total facility costs for the	129574
purpose of the assessment under section ~~5112.41~~5168.21 of the	129575
Revised Code exclude any of the following:	129576

(a) A hospital's costs associated with providing care to	129577
recipients of any of the following:	129578

(i) The medicaid program;

129579

(ii) The medicare program;

129580

(iii) The disability financial assistance program established	129581
under Chapter 5115. of the Revised Code;	129582

(iv) The program for medically handicapped children	129583
established under section 3701.023 of the Revised Code;	129584

(v) Services provided under the maternal and child health	129585
services block grant established under Title V of the "Social	129586
Security Act," 42 U.S.C. 701 et seq.	129587

(b) Any other category of hospital costs the director deems	129588
appropriate under federal law and regulations governing the	129589
medicaid program.	129590

(2) Subject to division (C) of this section, provide for the	129591
percentage of hospitals' total facility costs used in calculating	129592
hospitals' assessments to vary for different hospitals;	129593

(3) To reduce hospitals' cash flow difficulties, establish a	129594
schedule for hospitals to pay their assessments that is different	129595
from the schedule established under section ~~5112.43~~5168.23 of the	129596
Revised Code.	129597

(C) Before adopting rules authorized by division (B)(2) of	129598
this section that establish varied percentages to be used in	129599
calculating hospitals' assessments, the director shall obtain a	129600
waiver from the United States secretary of health and human	129601
services under ~~section 1903(w)(3)(E) of~~ the "Social Security Act,"	129602
~~105 Stat. 1796 (1991)~~section 1903(w)(3)(E), 42 U.S.C.	129603
1396b(w)(3)(E), ~~as amended,~~ if the varied percentages would cause	129604
the assessments to not be imposed uniformly.	129605

~~Sec. 5112.47.~~ Sec. 5168.27. The medicaid director ~~of job and~~	129606
~~family services~~ shall implement the assessment imposed by section	129607
~~5112.41~~5168.21 of the Revised Code in a manner that does not	129608
cause a reduction in federal financial participation for the	129609
medicaid program under the "Social Security Act," section 1903(w),	129610
42 U.S.C. 1396b(w).	129611

~~Sec. 5112.48.~~ Sec. 5168.28. If the United States secretary of	129612
health and human services determines that the assessment imposed	129613
by section ~~5112.41~~5168.21 of the Revised Code is an	129614
impermissible health care-related tax under the "Social Security	129615
Act," section 1903(w), 42 U.S.C. 1396b(w), the medicaid director	129616
~~of job and family services~~ shall take all necessary actions to	129617
cease implementation of sections ~~5112.40~~5168.20 to ~~5112.47~~	129618
5168.27 of the Revised Code and shall promptly refund to each	129619
hospital the amount of money in the hospital assessment fund at	129620
the time the refund is to be made that the hospital paid under	129621
section ~~5112.43~~5168.23 of the Revised Code, plus any	129622
corresponding investment earnings on that amount.	129623

~~Sec. 3721.50.~~ Sec. 5168.40. As used in sections ~~3721.50~~5168.40 to	129624
~~3721.58~~5168.56 of the Revised Code:	129625

(A) "Bed surrender" means the following:

129626

(1) In the case of a nursing home, the removal of a bed from	129627
a nursing home's licensed capacity in a manner that reduces the	129628
total licensed capacity of all nursing homes;	129629

(2) In the case of a hospital, the removal of a hospital bed	129630
from registration under section 3701.07 of the Revised Code as a	129631
skilled nursing facility bed or long-term care bed in a manner	129632
that reduces the total number of hospital beds registered under	129633
that section as skilled nursing facility beds or long-term care	129634
beds.	129635

(B) "Change of operator" means an entering operator becoming	129636
the operator of a nursing home or hospital in the place of the	129637
exiting operator.	129638

(1) Actions that constitute a change of operator include the	129639
following:	129640

(a) A change in an exiting operator's form of legal	129641
organization, including the formation of a partnership or	129642
corporation from a sole proprietorship;	129643

(b) A transfer of all the exiting operator's ownership	129644
interest in the operation of the nursing home or hospital to the	129645
entering operator, regardless of whether ownership of any or all	129646
of the real property or personal property associated with the	129647
nursing home or hospital is also transferred;	129648

(c) A lease of the nursing home or hospital to the entering	129649
operator or the exiting operator's termination of the exiting	129650
operator's lease;	129651

(d) If the exiting operator is a partnership, dissolution of	129652
the partnership;	129653

(e) If the exiting operator is a partnership, a change in	129654
composition of the partnership unless both of the following apply:	129655

(i) The change in composition does not cause the	129656
partnership's dissolution under state law.	129657

(ii) The partners agree that the change in composition does	129658
not constitute a change in operator.	129659

(f) If the operator is a corporation, dissolution of the	129660
corporation, a merger of the corporation into another corporation	129661
that is the survivor of the merger, or a consolidation of one or	129662
more other corporations to form a new corporation.	129663

(2) The following, alone, do not constitute a change of	129664
operator:	129665

(a) A contract for an entity to manage a nursing home or	129666
hospital as the operator's agent, subject to the operator's	129667
approval of daily operating and management decisions;	129668

(b) A change of ownership, lease, or termination of a lease	129669
of real property or personal property associated with a nursing	129670
home or hospital if an entering operator does not become the	129671
operator in place of an exiting operator;	129672

(c) If the operator is a corporation, a change of one or more	129673
members of the corporation's governing body or transfer of	129674
ownership of one or more shares of the corporation's stock, if the	129675
same corporation continues to be the operator.	129676

(C) "Effective date of a change of operator" means the day an	129677
entering operator becomes the operator of a nursing home or	129678
hospital.	129679

(D) "Entering operator" means the person or government entity	129680
that will become the operator of a nursing home or hospital on the	129681
effective date of a change of operator.	129682

(E) "Exiting operator" means an operator that will cease to	129683
be the operator of a nursing home or hospital on the effective	129684
date of a change of operator.	129685

(F) "Franchise permit fee rate" means the ~~following:~~

129686

~~(1) For fiscal year 2012, eleven dollars and forty-seven~~	129687
~~cents;~~	129688

~~(2) For fiscal year 2013 and each fiscal year thereafter,~~	129689
~~eleven dollars and sixty-seven cents~~rate determined in accordance	129690
with section 5168.41 of the Revised Code.	129691

(G) "Hospital" has the same meaning as in section 3727.01 of	129692
the Revised Code.	129693

(H) "Hospital long-term care unit" means any distinct part of	129694
a hospital in which any of the following beds are located:	129695

(1) Beds registered pursuant to section 3701.07 of the	129696
Revised Code as skilled nursing facility beds or long-term care	129697
beds;	129698

(2) Beds licensed as nursing home beds under section 3721.02	129699
or 3721.09 of the Revised Code.	129700

(I) "Indirect guarantee percentage" means the percentage	129701
specified in ~~section 1903(w)(4)(C)(ii) of~~ the "Social Security	129702
Act," ~~120 Stat. 2994 (2006)~~section 1903(w)(4)(C)(ii), 42 U.S.C.	129703
1396b(w)(4)(C)(ii), that is to be used in determining whether a	129704
class of providers is indirectly held harmless for any portion of	129705
the costs of a broad-based health-care-related tax. If the	129706
indirect guarantee percentage changes during a fiscal year, the	129707
indirect guarantee percentage is the following:	129708

(1) For the part of the fiscal year before the change takes	129709
effect, the percentage in effect before the change;	129710

(2) For the part of the fiscal year beginning with the date	129711
the indirect guarantee percentage changes, the new percentage.	129712

(J) "Medicaid days" ~~has the same meaning as in section~~	129713
~~5111.01 of the Revised Code.~~	129714

~~(K) "Medicare" means the program established by Title XVIII.~~

129715

~~(L)~~and "~~Nursing~~nursing facility" ~~has~~have the same ~~meaning~~	129716
meanings as in section ~~5111.20~~5165.01 of the Revised Code.	129717

~~(M)~~(K)(1) "Nursing home" means all of the following:

129718

(a) A nursing home licensed under section 3721.02 or 3721.09	129719
of the Revised Code, including any part of a home for the aging	129720
licensed as a nursing home;	129721

(b) A facility or part of a facility, other than a hospital,	129722
that is certified as a skilled nursing facility under Title XVIII;	129723

(c) A nursing facility, other than a portion of a hospital	129724
certified as a nursing facility.	129725

(2) "Nursing home" does not include either of the following:

129726

(a) A county home, county nursing home, or district home	129727
operated pursuant to Chapter 5155. of the Revised Code;	129728

(b) A nursing home maintained and operated by the department	129729
of veterans services under section 5907.01 of the Revised Code.	129730

~~(N)~~(L) "Operator" means the person or government entity	129731
responsible for the daily operating and management decisions for a	129732
nursing home or hospital.	129733

~~(O)~~(M) "Title XIX" means Title XIX of the "Social Security	129734
Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1396~~, as amended~~et seq.	129735

~~(P)~~(N) "Title XVIII" means Title XVIII of the "Social	129736
Security Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1395~~, as amended~~et	129737
seq.	129738

Sec. 5168.41. (A) The franchise permit fee rate shall be	129739
determined for each fiscal year as follows:	129740

(1) Determine the estimated total net patient revenues for	129741
all nursing homes and hospital long-term care units for the fiscal	129742
year;	129743

(2) Multiply the estimated total net patient revenues	129744
determined under division (A)(1) of this section by the lesser of	129745
the following:	129746

(a) The indirect guarantee percentage;

129747

(b) Six per cent.

129748

(3) Divide the product determined under division (A)(2) of	129749
this section by the number of days in the fiscal year;	129750

(4) Determine the sum of the following:

129751

(a) The total number of beds in all nursing homes and	129752
hospital long-term care units that are subject to the franchise	129753
permit fee for the fiscal year;	129754

(b) The total number of nursing home beds that are exempt	129755
from the franchise permit fee for the fiscal year because of the	129756
waiver obtained pursuant to section 5168.43 of the Revised Code.	129757

(5) Divide the quotient determined under division (A)(3) of	129758
this section by the sum determined under division (A)(4) of this	129759
section.	129760

(B) In determining the estimated total net patient revenues	129761
for all nursing homes and hospital long-term care units for a	129762
fiscal year, the department of medicaid shall use at least all of	129763
the following:	129764

(1) Information from medicaid cost reports filed under	129765
section 5165.10 of the Revised Code that are the most recent at	129766
the time the determination is made;	129767

(2) The projected total medicaid payment rates for nursing	129768
facility services for the fiscal year;	129769

(3) The projected total number of medicaid days for the	129770
fiscal year.	129771

~~Sec. 3721.51.~~ Sec. 5168.42. The department of ~~job and family~~	129772
~~services~~medicaid shall do all of the following:	129773

(A) Subject to sections ~~3721.512~~5168.44, ~~3721.513~~5168.45,	129774
and ~~3721.531~~5168.48 of the Revised Code and divisions (C) and (D)	129775
of this section and for the purposes specified in section ~~3721.56~~	129776
5168.54 of the Revised Code, determine an annual franchise permit	129777
fee on each nursing home in an amount equal to the franchise	129778
permit fee rate multiplied by the product of the following:	129779

(1) The number of beds licensed as nursing home beds, plus	129780
any other beds certified as skilled nursing facility beds under	129781
Title XVIII or nursing facility beds under Title XIX on the first	129782
day of May of the calendar year in which the fee is determined	129783
pursuant to division (A) of section ~~3721.53~~5168.47 of the Revised	129784
Code;	129785

(2) The number of days in the fiscal year beginning on the	129786
first day of July of the calendar year in which the fee is	129787
determined pursuant to division (A) of section ~~3721.53~~5168.47 of	129788
the Revised Code.	129789

(B) Subject to sections ~~3721.512~~5168.44, ~~3721.513~~5168.45,	129790
and ~~3721.531~~5168.48 of the Revised Code and divisions (C) and (D)	129791
of this section and for the purposes specified in section ~~3721.56~~	129792
5168.54 of the Revised Code, determine an annual franchise permit	129793
fee on each hospital in an amount equal to the franchise permit	129794
fee rate multiplied by the product of the following:	129795

(1) The number of beds registered pursuant to section 3701.07	129796
of the Revised Code as skilled nursing facility beds or long-term	129797
care beds, plus any other beds licensed as nursing home beds under	129798
section 3721.02 or 3721.09 of the Revised Code, on the first day	129799
of May of the calendar year in which the fee is determined	129800
pursuant to division (A) of section ~~3721.53~~5168.47 of the Revised	129801
Code;	129802

(2) The number of days in the fiscal year beginning on the	129803
first day of July of the calendar year in which the fee is	129804
determined pursuant to division (A) of section ~~3721.53~~5168.47 of	129805
the Revised Code.	129806

(C) If the total amount of the franchise permit fee assessed	129807
under divisions (A) and (B) of this section for a fiscal year	129808
exceeds the indirect guarantee percentage of the actual net	129809
patient revenue for all nursing homes and hospital long-term care	129810
units for that fiscal year and seventy-five per cent or more of	129811
the combined total number of nursing homes and hospital long-term	129812
care units receive enhanced medicaid payments or other state	129813
payments equal to seventy-five per cent or more of their total	129814
franchise permit fee assessments, do both of the following:	129815

(1) Recalculate the assessments under divisions (A) and (B)	129816
of this section using a per bed per day rate equal to the indirect	129817
guarantee percentage of actual net patient revenue for all nursing	129818
homes and hospital long-term care units for that fiscal year;	129819

(2) Refund the difference between the amount of the franchise	129820
permit fee assessed for that fiscal year under divisions (A) and	129821
(B) of this section and the amount recalculated under division	129822
(C)(1) of this section as a credit against the assessments imposed	129823
under divisions (A) and (B) of this section for the subsequent	129824
fiscal year.	129825

(D) If the United States centers for medicare and medicaid	129826
services determines that the franchise permit fee established by	129827
sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised Code is	129828
an impermissible health care-related tax under ~~section 1903(w) of~~	129829
the "Social Security Act," ~~49 Stat. 620 (1935)~~section 1903(w), 42	129830
U.S.C. 1396b(w), ~~as amended,~~ take all necessary actions to cease	129831
implementation of sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of	129832
the Revised Code in accordance with rules adopted under section	129833
~~3721.58~~5168.56 of the Revised Code.	129834

~~Sec. 3721.511.~~ Sec. 5168.43. (A) Not later than four months after	129835
July 17, 2009, the department of ~~job and family services~~medicaid	129836
shall apply to the United States secretary of health and human	129837
services for a waiver under the "Social Security Act," section	129838
1903(w)(3)(E), 42 U.S.C. 1396b(w)(3)(E), as necessary to do both	129839
of the following regarding the franchise permit fee assessed under	129840
section ~~3721.51~~5168.42 of the Revised Code:	129841

(1) Reduce the franchise permit fee rate to zero dollars for	129842
each nursing home licensed under section 3721.02 or 3721.09 of the	129843
Revised Code to which either of the following applies:	129844

(a) The nursing home:

129845

(i) Is exempt from state taxation under section 140.08 of the	129846
Revised Code or is exempt from state taxation as a home for the	129847
aged as defined in section 5701.13 of the Revised Code;	129848

(ii) Is exempt from federal income taxation under section 501	129849
of the Internal Revenue Code of 1986;	129850

(iii) Does not participate in medicaid or medicare; and

129851

(iv) Provides services for the life of each resident without	129852
regard to the resident's ability to secure payment for the	129853
services.	129854

(b) The nursing home:

129855

(i) Has had a written affiliation agreement with a university	129856
in this state for education and research related to Alzheimer's	129857
disease for each of the twenty years preceding July 17, 2009, and	129858
has such an agreement on July 17, 2009;	129859

(ii) Was constructed pursuant to a certificate of need	129860
granted under Section 3 of Am. Sub. S.B. 256 of the 116th general	129861
assembly; and	129862

(iii) Does not participate in medicaid or medicare.

129863

(2) For each nursing facility with more than two hundred beds	129864
certified as nursing facility beds under Title XIX, reduce the	129865
franchise permit fee rate for a number of the nursing facility's	129866
beds specified by the department to the amount necessary to obtain	129867
approval of the waiver sought under this section.	129868

(B) The effective date of the waiver sought under this	129869
section shall be the first day of the quarter beginning after the	129870
United States secretary approves the waiver.	129871

~~Sec. 3721.512.~~ Sec. 5168.44. If the United States secretary of	129872
health and human services approves the waiver sought under section	129873
~~3721.511~~5168.43 of the Revised Code, the department of ~~job and~~	129874
~~family services~~medicaid shall, for each nursing home and hospital	129875
that qualifies for a reduction of its franchise permit fee rate	129876
under the waiver, reduce the franchise permit fee rate in	129877
accordance with the terms of the waiver. For purposes of the first	129878
fiscal year during which the waiver takes effect, the department	129879
shall determine the amount of the reduction not later than the	129880
effective date of the waiver and shall mail to each nursing home	129881
and hospital qualifying for the reduction notice of the reduction	129882
not later than the last day of the first month of the quarter that	129883
begins after the United States secretary approves the waiver. For	129884
purposes of subsequent fiscal years, the department shall make	129885
such determinations and mail such notices in accordance with	129886
section ~~3721.53~~5168.47 of the Revised Code.	129887

~~Sec. 3721.513.~~ Sec. 5168.45. (A) If the United States secretary of	129888
health and human services approves the waiver sought under section	129889
~~3721.511~~5168.43 of the Revised Code, the department of ~~job and~~	129890
~~family services~~medicaid may do both of the following regarding	129891
the franchise permit fee assessed under section ~~3721.51~~5168.42 of	129892
the Revised Code:	129893

(1) Determine how much money the franchise permit fee would	129894
have raised in a fiscal year if not for the waiver;	129895

(2) For each nursing home and hospital subject to the	129896
franchise permit fee, other than a nursing home or hospital that	129897
has its franchise permit fee rate reduced under section ~~3721.512~~	129898
5168.44 of the Revised Code, uniformly increase the amount of the	129899
franchise permit fee rate for a fiscal year to an amount that will	129900
have the franchise permit fee raise an amount of money that does	129901
not exceed the amount determined under division (A)(1) of this	129902
section for that fiscal year.	129903

(B) If the department increases the franchise permit fee rate	129904
in accordance with division (A) of this section for the first	129905
fiscal year during which the waiver takes effect, the department	129906
shall determine the amount of the increase not later than the	129907
effective date of the waiver and shall mail to each nursing home	129908
and hospital subject to the increase notice of the increase not	129909
later than the last day of the first month of the quarter that	129910
begins after the United States secretary approves the waiver. If	129911
the department increases the franchise permit fee rate in	129912
accordance with division (A) of this section for a subsequent	129913
fiscal year, the department shall make such determinations and	129914
mail such notices in accordance with section ~~3721.53~~5168.47 of	129915
the Revised Code.	129916

~~Sec. 3721.52.~~ Sec. 5168.46. The department of health shall do all	129917
of the following:	129918

(A) For the purpose of the determinations made under	129919
divisions (A) and (B) of section ~~3721.51~~5168.42 of the Revised	129920
Code and not later than the first day of each June, report to the	129921
department of ~~job and family services~~medicaid the following:	129922

(1) For each nursing home, the number of beds in the nursing	129923
home licensed on the preceding first day of May under section	129924
3721.02 or 3721.09 of the Revised Code or certified on that date	129925
under Title XVIII or Title XIX;	129926

(2) For each hospital, the number of beds in the hospital	129927
registered on the preceding first day of May pursuant to section	129928
3701.07 of the Revised Code as skilled nursing facility or	129929
long-term care beds or licensed on that date under section 3721.02	129930
or 3721.09 of the Revised Code as nursing home beds.	129931

(B) For the purpose of the redetermination under section	129932
~~3721.531~~5168.48 of the Revised Code and not later than the	129933
fifteenth day of each January, report to the department of ~~job and~~	129934
~~family services~~medicaid, for each nursing home and hospital, the	129935
number of beds for which a bed surrender occurred during the	129936
period beginning on the first day of May of the preceding calendar	129937
year and ending on the first day of January of the calendar year	129938
in which the redetermination is made.	129939

~~Sec. 3721.53.~~ Sec. 5168.47. (A) Not later than the fifteenth day	129940
of September of each year, the department of ~~job and family~~	129941
~~services~~medicaid shall determine the annual franchise permit fee	129942
for each nursing home and hospital in accordance with section	129943
~~3721.51~~5168.42 of the Revised Code and any adjustments made in	129944
accordance with sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of	129945
the Revised Code.	129946

(B) Not later than the first day of October of each year, the	129947
department shall mail to each nursing home and hospital notice of	129948
the amount of the franchise permit fee that has been determined	129949
for the nursing home or hospital.	129950

(C) Subject to section ~~3721.531~~5168.48 of the Revised Code,	129951
each nursing home and hospital shall pay its fee under section	129952
~~3721.51~~5168.42 of the Revised Code, as adjusted in accordance	129953
with sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of the	129954
Revised Code, to the department in four installment payments not	129955
later than forty-five days after the last day of each October,	129956
December, March, and June.	129957

~~Sec. 3721.531.~~ Sec. 5168.48. (A) Not later than the last day of	129958
February of each year, the department of ~~job and family services~~	129959
medicaid shall redetermine each nursing home's and hospital's	129960
franchise permit fee if one or more bed surrenders occur during	129961
the period beginning on the first day of May of the preceding	129962
calendar year and ending on the first day of January of the	129963
calendar year in which the redetermination is made.	129964

(B) In redetermining nursing homes' and hospitals' franchise	129965
permit fees under this section, the department shall do both of	129966
the following:	129967

(1) Provide for the redetermination to be conducted in a	129968
manner consistent with the terms of the waiver sought under	129969
section ~~3721.511~~5168.43 of the Revised Code;	129970

(2) Recalculate each nursing home's and hospital's franchise	129971
permit fee in accordance with division (A) or (B) of section	129972
~~3721.51~~5168.42 of the Revised Code with the following changes:	129973

(a) In the case of a nursing home or hospital for which one	129974
or more bed surrenders occurred during the period beginning on the	129975
first day of May of the preceding calendar year and ending on the	129976
first day of January of the calendar year in which the	129977
redetermination is made, the number of beds included in the	129978
calculation for the purpose of division (A)(1) or (B)(1) of	129979
section ~~3721.51~~5168.42 of the Revised Code shall exclude the beds	129980
for which bed surrenders occurred during that period.	129981

(b) The number of days used in the calculation under division	129982
(A)(2) or (B)(2) of section ~~3721.51~~5168.42 of the Revised Code	129983
shall be the number of days in the first half of the calendar year	129984
in which the redetermination is made.	129985

(c) The franchise permit fee rate shall reflect adjustments	129986
made under sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of the	129987
Revised Code.	129988

(C) Not later than the first day of March of each year, the	129989
department shall mail to each nursing home and hospital notice of	129990
the amount of its redetermined franchise permit fee.	129991

(D) Each nursing home and hospital shall pay its redetermined	129992
fee to the department in two installment payments not later than	129993
forty-five days after the last day of March and June of the	129994
calendar year in which the redetermination is made.	129995

~~Sec. 3721.532.~~ Sec. 5168.49. If a nursing home or hospital	129996
undergoes a change of operator during a fiscal year, the	129997
responsibility for paying the franchise permit fee that was	129998
determined for the nursing home or hospital under section ~~3721.53~~	129999
5168.47 of the Revised Code, or redetermined for the nursing home	130000
or hospital under section ~~3721.531~~5168.48 of the Revised Code,	130001
for that fiscal year shall be divided proportionally. The exiting	130002
operator shall be responsible for paying the amount of the fee	130003
that is for the part of the fiscal year that ends on the day	130004
before the effective date of the change of operator. The entering	130005
operator shall be responsible for paying the amount of the fee	130006
that is for the part of the fiscal year that begins on the	130007
effective date of the change of operator. The department of ~~job~~	130008
~~and family services~~medicaid is not required to mail a notice to	130009
the entering operator regarding the amount of that fiscal year's	130010
fee for which the entering operator is responsible.	130011

~~Sec. 3721.533.~~ Sec. 5168.50. No nursing home or hospital shall	130012
directly bill its residents for the franchise permit fee paid	130013
under section ~~3721.53~~5168.47 or ~~3721.531~~5168.48 of the Revised	130014
Code or otherwise directly pass the fee through to its residents.	130015

~~Sec. 3721.54.~~ Sec. 5168.51. If a nursing home or hospital fails to	130016
pay the full amount of a franchise permit fee installment when	130017
due, the department of ~~job and family services~~medicaid may assess	130018
a five per cent penalty on the amount due for each month or	130019
fraction thereof the installment is overdue.	130020

~~Sec. 3721.541.~~ Sec. 5168.52. (A) In addition to assessing a	130021
penalty pursuant to section ~~3721.54~~5168.51 of the Revised Code,	130022
the department of ~~job and family services~~medicaid may do any of	130023
the following if a nursing facility or hospital fails to pay the	130024
full amount of a franchise permit fee installment when due:	130025

(1) Withhold an amount less than or equal to the installment	130026
and penalty assessed under section ~~3721.54~~5168.51 of the Revised	130027
Code from a medicaid payment due the nursing facility or hospital	130028
until the nursing facility or hospital pays the installment and	130029
penalty;	130030

(2) Offset an amount less than or equal to the installment	130031
and penalty assessed under section ~~3721.54~~5168.51 of the Revised	130032
Code from a ~~Medicaid~~medicaid payment due the nursing facility or	130033
hospital;	130034

(3) Terminate the nursing facility or hospital's medicaid	130035
provider agreement.	130036

(B) The department may offset a medicaid payment under	130037
division (A) of this section without providing notice to the	130038
nursing facility or hospital and without conducting an	130039
adjudication under Chapter 119. of the Revised Code.	130040

~~Sec. 3721.55.~~ Sec. 5168.53. (A) A nursing home or hospital may	130041
appeal the fee assessed under section ~~3721.51~~5168.42 of the	130042
Revised Code, as adjusted under section ~~3721.512~~5168.44 or	130043
~~3721.513~~5168.45 of the Revised Code, and redetermined under	130044
section ~~3721.531~~5168.48 of the Revised Code solely on the grounds	130045
that the department of ~~job and family services~~medicaid committed	130046
a material error in determining or redetermining the amount of the	130047
fee. A request for an appeal must be received by the department	130048
not later than fifteen days after the date the department mails	130049
the notice of the fee and must include written materials setting	130050
forth the basis for the appeal.	130051

(B) If a nursing home or hospital submits a request for an	130052
appeal within the time required under division (A) of this	130053
section, the department ~~of job and family services~~ shall hold a	130054
public hearing in Columbus not later than thirty days after the	130055
date the department receives the request for an appeal. The	130056
department shall, not later than ten days before the date of the	130057
hearing, mail a notice of the date, time, and place of the hearing	130058
to the nursing home or hospital. The department may hear all the	130059
requested appeals in one public hearing.	130060

(C) On the basis of the evidence presented at the hearing or	130061
any other evidence submitted by the nursing home or hospital, the	130062
department may adjust a fee. The department's decision is final.	130063

~~Sec. 3721.56.~~ Sec. 5168.54. (A) There is hereby created in the	130064
state treasury the nursing home franchise permit fee fund. All	130065
payments and penalties paid by nursing homes and hospitals under	130066
sections ~~3721.53~~5168.47, ~~3721.531~~5168.48, and ~~3721.54~~5168.51	130067
of the Revised Code shall be deposited into the fund. The fund	130068
shall also consist of money deposited into it pursuant to sections	130069
3769.08 and 3769.26 of the Revised Code. Subject to division (B)	130070
of section 3769.08 of the Revised Code, the department of ~~job and~~	130071
~~family services~~medicaid shall use the money in the fund to make	130072
medicaid payments to providers of nursing facility services and	130073
providers of home and community-based services. Money in the fund	130074
may also be used for the residential state supplement program	130075
established under section ~~5119.69~~5119.41 of the Revised Code.	130076

(B) Any money remaining in the nursing home franchise permit	130077
fee fund after payments specified in division (A) of this section	130078
are made shall be retained in the fund. Any interest or other	130079
investment proceeds earned on money in the fund shall be credited	130080
to the fund and used to make medicaid payments in accordance with	130081
division (A) of this section.	130082

~~Sec. 3721.57.~~ Sec. 5168.55. The department of ~~job and family~~	130083
~~services~~medicaid may make any investigation it considers	130084
appropriate to obtain information necessary to fulfill its duties	130085
under sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised	130086
Code. At the request of the department, the attorney general shall	130087
aid in any such investigations. The attorney general shall	130088
institute and prosecute all necessary actions for the enforcement	130089
of sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised	130090
Code, except that at the request of the attorney general, the	130091
county prosecutor of the county in which a nursing home or	130092
hospital that has failed to comply with sections ~~3721.50~~5168.40	130093
to ~~3721.58~~5168.56 of the Revised Code is located shall institute	130094
and prosecute any necessary action against the nursing home or	130095
hospital.	130096

~~Sec. 3721.58.~~ Sec. 5168.56. The medicaid director ~~of job and~~	130097
~~family services~~ shall adopt rules in accordance with Chapter 119.	130098
of the Revised Code to do both of the following:	130099

(A) Prescribe the actions the department of ~~job and family~~	130100
~~services~~medicaid will take to cease implementation of sections	130101
~~3721.50 through 3721.57~~5168.40 to 5168.56 of the Revised Code if	130102
the United States centers for medicare and medicaid services	130103
determines that the franchise permit fee established by those	130104
sections is an impermissible health-care related tax under ~~section~~	130105
~~1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793 (1991)~~	130106
section 1903(w), 42 U.S.C. 1396b(w)~~, as amended~~;	130107

(B) Establish any requirements or procedures the director	130108
considers necessary to implement sections ~~3721.50~~5168.40 to	130109
~~3721.58~~5168.56 of the Revised Code.	130110

~~Sec. 5112.30.~~ Sec. 5168.60. As used in sections ~~5112.30~~5168.60 to	130111
~~5112.39~~5168.71 of the Revised Code:	130112

(A) "Franchise permit fee rate" means the following:

130113

(1) For fiscal year ~~2012~~2014, ~~seventeen~~eighteen dollars and	130114
~~ninety-nine~~twenty-four cents;	130115

(2) For fiscal year ~~2013~~2015 and each fiscal year	130116
thereafter, eighteen dollars and ~~thirty-two~~seventeen cents.	130117

(B) "Indirect guarantee percentage" means the percentage	130118
specified in ~~section 1903(w)(4)(C)(ii) of~~ the "Social Security	130119
Act," ~~120 Stat. 2994 (2006)~~section 1903(w)(4)(C)(ii), 42 U.S.C.	130120
1396b(w)(4)(C)(ii), ~~as amended,~~ that is to be used in determining	130121
whether a class of providers is indirectly held harmless for any	130122
portion of the costs of a broad-based health-care-related tax. If	130123
the indirect guarantee percentage changes during a fiscal year,	130124
the indirect guarantee percentage is the following:	130125

(1) For the part of the fiscal year before the change takes	130126
effect, the percentage in effect before the change;	130127

(2) For the part of the fiscal year beginning with the date	130128
the indirect guarantee percentage changes, the new percentage.	130129

(C) "~~Intermediate care facility for the mentally retarded~~	130130
ICF/IID" has the same meaning as in section ~~5111.20~~5124.01 of	130131
the Revised Code~~, except that, until August 1, 2009, it does not~~	130132
~~include any such facility operated by the department of~~	130133
~~developmental disabilities~~.	130134

(D) "~~Medicaid~~Medicaid-certified capacity" has the same	130135
meaning as in section ~~5111.01~~5124.01 of the Revised Code.	130136

(E) "Provider agreement" has the same meaning as in section	130137
5124.01 of the Revised Code.	130138

~~Sec. 5112.31.~~ Sec. 5168.61. The department of ~~job and family~~	130139
~~services~~developmental disabilities shall do all of the	130140
following:	130141

(A) Subject to section ~~5112.331~~5168.64 of the Revised Code	130142
and divisions (B) and (C) of this section and for the purposes	130143
specified in section ~~5112.371~~5168.69 of the Revised Code, assess	130144
for each fiscal year each ~~intermediate care facility for the~~	130145
~~mentally retarded~~ICF/IID a franchise permit fee equal to the	130146
franchise permit fee rate multiplied by the product of the	130147
following:	130148

(1) The ~~number of beds certified under Title XIX of the~~	130149
~~"Social Security Act"~~ICF/IID's medicaid-certified capacity on the	130150
first day of May of the calendar year in which the assessment is	130151
determined pursuant to division (A) of section ~~5112.33~~5168.63 of	130152
the Revised Code;	130153

(2) The number of days in the fiscal year.

130154

(B) If the total amount of the franchise permit fee assessed	130155
under division (A) of this section for a fiscal year exceeds the	130156
indirect guarantee percentage of the actual net patient revenue	130157
for all ~~intermediate care facilities for the mentally retarded~~	130158
ICFs/IID for that fiscal year and seventy-five per cent or more of	130159
the total number of ~~intermediate care facilities for the mentally~~	130160
~~retarded~~ICFs/IID receive enhanced medicaid payments or other	130161
state payments equal to seventy-five per cent or more of their	130162
total franchise permit fee assessments, do both of the following:	130163

(1) Recalculate the assessments under division (A) of this	130164
section using a per bed per day rate equal to the indirect	130165
guarantee percentage of actual net patient revenue for all	130166
~~intermediate care facilities for the mentally retarded~~ICFs/IID	130167
for that fiscal year;	130168

(2) Refund the difference between the amount of the franchise	130169
permit fee assessed for that fiscal year under division (A) of	130170
this section and the amount recalculated under division (B)(1) of	130171
this section as a credit against the assessments imposed under	130172
division (A) of this section for the subsequent fiscal year.	130173

(C) If the United States secretary of health and human	130174
services determines that the franchise permit fee established by	130175
sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of the Revised Code	130176
would be an impermissible health care-related tax under ~~section~~	130177
~~1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793 (1991)~~	130178
section 1903(w), 42 U.S.C. 1396b(w), ~~as amended,~~ take all	130179
necessary actions to cease implementation of those sections in	130180
accordance with rules adopted under section ~~5112.39~~5168.71 of the	130181
Revised Code.	130182

~~Sec. 5112.32.~~ Sec. 5168.62. For the purpose of the franchise	130183
permit fee imposed under section ~~5112.31~~5168.61 of the Revised	130184
Code and not later than the first day of each June, the department	130185
of developmental disabilities shall:	130186

~~(A) Not later than August 1, 1993, report to the department~~	130187
~~of job and family services the number of beds in each intermediate~~	130188
~~care facility for the mentally retarded certified on July 1, 1993,~~	130189
~~under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),~~	130190
~~42 U.S.C.A. 301, as amended;~~	130191

~~(B) Not later than June 1, 1994, and the first day of each~~	130192
~~June thereafter,~~ report to the department of ~~job and family~~	130193
~~services~~medicaid the number of beds in each ~~such facility~~	130194
~~certified~~ICF/IID on the preceding first day of May ~~under that~~	130195
~~title~~.	130196

~~Sec. 5112.33.~~ Sec. 5168.63. (A) Not later than the fifteenth day	130197
of August of each year, the department of ~~job and family services~~	130198
developmental disabilities shall determine the annual franchise	130199
permit fee for each ~~intermediate care facility for the mentally~~	130200
~~retarded~~ICF/IID in accordance with section ~~5112.31~~5168.61 of the	130201
Revised Code.	130202

(B) Not later than the first day of September of each year,	130203
the department shall mail to each ~~intermediate care facility for~~	130204
~~the mentally retarded~~ICF/IID notice of the amount of the	130205
franchise permit fee the ~~facility~~ICF/IID has been assessed under	130206
section ~~5112.31~~5168.61 of the Revised Code.	130207

(C) Subject to section ~~5112.331~~5168.64 of the Revised Code,	130208
each ~~intermediate care facility for the mentally retarded~~ICF/IID	130209
shall pay its fee under section ~~5112.31~~5168.61 of the Revised	130210
Code to the department in quarterly installment payments not later	130211
than forty-five days after the last day of each September,	130212
December, March, and June.	130213

~~Sec. 5112.331.~~ Sec. 5168.64. (A) If, during the period beginning	130214
on the first day of May of a calendar year and ending on the first	130215
day of January of the immediately following calendar year, the	130216
operator of an ~~intermediate care facility for the mentally~~	130217
~~retarded~~ICF/IID converts, pursuant to section ~~5111.874~~5124.60	130218
of the Revised Code, one or more of the ~~facility's~~ICF/IID's beds	130219
to providing home and community-based services, the department of	130220
~~job and family services~~developmental disabilities shall do the	130221
following:	130222

(1) If the ~~facility's~~ICF/IID's medicaid certification is	130223
terminated because of the conversion, terminate the ~~facility's~~	130224
ICF/IID's franchise permit fee effective on the first day of the	130225
quarter immediately following the quarter in which the department	130226
receives the notice of the conversion from the director of health;	130227

(2) If the ~~facility's certified~~ICF/IID's medicaid-certified	130228
capacity ~~under medicaid~~ is reduced because of the conversion,	130229
redetermine the ~~facility's~~ICF/IID's franchise permit fee in	130230
accordance with division (B) of this section for the second half	130231
of the fiscal year for which the fee is assessed.	130232

(B)(1) To redetermine an ~~intermediate care facility for the~~	130233
~~mentally retarded's~~ICF/IID's franchise permit fee, the department	130234
shall multiply the franchise permit fee rate by the product of the	130235
following:	130236

(a) The ~~number of the facility's beds that remain certified~~	130237
~~under Title XIX of the "Social Security Act"~~ICF/IID's	130238
medicaid-certified capacity as of the date the conversion takes	130239
effect;	130240

(b) The number of days in the second half of the fiscal year	130241
for which the redetermination is made.	130242

(2) The ~~intermediate care facility for the mentally retarded~~	130243
ICF/IID shall pay its franchise permit fee as redetermined under	130244
division (B)(1) of this section in installment payments not later	130245
than forty-five days after the last day of March and June of the	130246
fiscal year for which the redetermination is made.	130247

~~Sec. 5112.34.~~ Sec. 5168.65. If an ~~intermediate care facility for~~	130248
~~the mentally retarded~~ICF/IID fails to pay the full amount of an	130249
installment when due, the department of ~~job and family services~~	130250
developmental disabilities may assess a five per cent penalty on	130251
the amount due for each month or fraction thereof the installment	130252
is overdue.	130253

~~Sec. 5112.341.~~ Sec. 5168.66. (A) In addition to assessing a	130254
penalty pursuant to section ~~5112.34~~5168.65 of the Revised Code,	130255
the department of ~~job and family services~~developmental	130256
disabilities may do any of the following if an ~~intermediate care~~	130257
~~facility for the mentally retarded~~ICF/IID fails to pay the full	130258
amount of a franchise permit fee installment when due:	130259

(1) Withhold an amount less than or equal to the installment	130260
and penalty assessed under section ~~5112.34~~5168.65 of the Revised	130261
Code from a medicaid payment due the ~~facility~~ICF/IID until the	130262
~~facility~~ICF/IID pays the installment and penalty;	130263

(2) Offset an amount less than or equal to the installment	130264
and penalty assessed under section ~~5112.34~~5168.65 of the Revised	130265
Code from a medicaid payment due the ~~facility~~ICF/IID;	130266

(3) ~~Terminate~~Provide for the department of medicaid to	130267
terminate the ~~facility's medicaid~~ICF/IID's provider agreement.	130268

(B) The department may offset a medicaid payment under	130269
division (A) of this section without providing notice to the	130270
~~intermediate care facility for the mentally retarded~~ICF/IID and	130271
without conducting an adjudication under Chapter 119. of the	130272
Revised Code.	130273

~~Sec. 5112.35.~~ Sec. 5168.67. (A) An ~~intermediate care facility for~~	130274
~~the mentally retarded~~ICF/IID may appeal the franchise permit fee	130275
imposed under section ~~5112.31~~5168.61 of the Revised Code solely	130276
on the grounds that the department of ~~job and family services~~	130277
developmental disabilities committed a material error in	130278
determining the amount of the fee. A request for an appeal must be	130279
received by the department not later than fifteen days after the	130280
date the department mails the notice of the fee and must include	130281
written materials setting forth the basis for the appeal.	130282

(B) If an ~~intermediate care facility for the mentally~~	130283
~~retarded~~ICF/IID submits a request for an appeal within the time	130284
required under division (A) of this section, the department shall	130285
hold a public hearing in Columbus not later than thirty days after	130286
the date the department receives the request for an appeal. The	130287
department shall, not later than ten days before the date of the	130288
hearing, mail a notice of the date, time, and place of the hearing	130289
to the ~~facility~~ICF/IID. The department may hear all requested	130290
appeals in one public hearing.	130291

(C) On the basis of the evidence presented at the hearing or	130292
any other evidence submitted by the ~~intermediate care facility for~~	130293
~~the mentally retarded~~ICF/IID, the department may adjust a fee.	130294
The department's decision is final.	130295

~~Sec. 5112.37.~~ Sec. 5168.68. There is hereby created in the state	130296
treasury the home and community-based services for the mentally	130297
retarded and developmentally disabled fund. All installment	130298
payments and penalties paid by an ~~intermediate care facility for~~	130299
~~the mentally retarded~~ICF/IID under sections ~~5112.33~~5168.63 and	130300
~~5112.34~~5168.65 of the Revised Code shall be deposited into the	130301
fund. As soon as possible after the end of each quarter, the	130302
medicaid director ~~of job and family services~~ shall certify to the	130303
director of budget and management the amount of money that is in	130304
the fund as of the last day of that quarter. On receipt of a	130305
certification, the director of budget and management shall	130306
transfer the amount so certified from the home and community-based	130307
services for the mentally retarded and developmentally disabled	130308
fund to the department of developmental disabilities operating and	130309
services fund created under section ~~5112.371~~5168.69 of the	130310
Revised Code.	130311

~~Sec. 5112.371.~~ Sec. 5168.69. There is hereby created in the state	130312
treasury the department of developmental disabilities operating	130313
and services fund. The fund shall consist of the money transferred	130314
to it under section ~~5112.37~~5168.68 of the Revised Code. The money	130315
in the fund shall be used for the expenses of the programs that	130316
the department of developmental disabilities administers and the	130317
department's administrative expenses.	130318

~~Sec. 5112.38.~~ Sec. 5168.70. The department of ~~job and family~~	130319
~~services~~developmental disabilities may make any investigation it	130320
considers appropriate to obtain information necessary to fulfill	130321
its duties under sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of	130322
the Revised Code. At the request of the department, the attorney	130323
general shall aid in any such investigations. The attorney general	130324
shall institute and prosecute all necessary actions for the	130325
enforcement of sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of the	130326
Revised Code, except that at the request of the attorney general,	130327
the county prosecutor of the county in which an ~~intermediate care~~	130328
~~facility for the mentally retarded~~ICF/IID that has failed to	130329
comply with those sections is located shall institute and	130330
prosecute any necessary action against the ~~facility~~ICF/IID.	130331

~~Sec. 5112.39.~~ Sec. 5168.71. ~~The~~To the extent authorized by rules	130332
authorized by section 5162.021 of the Revised Code, the director	130333
of ~~job and family services~~developmental disabilities shall adopt	130334
rules in accordance with Chapter 119. of the Revised Code to do	130335
both of the following:	130336

(A) Prescribe the actions the department of developmental	130337
disabilities will take to cease implementation of sections ~~5112.30~~	130338
5168.60 to ~~5112.39~~5168.71 of the Revised Code if the United	130339
States secretary of health and human services determines that the	130340
franchise permit fee imposed under section ~~5112.31~~5168.61 of the	130341
Revised Code is an impermissible health care-related tax under	130342
~~section 1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793~~	130343
~~(1991)~~section 1903(w), 42 U.S.C. 1396b(w)~~, as amended~~;	130344

(B) Establish any other requirements or procedures the	130345
director considers necessary to implement sections ~~5112.30~~5168.60	130346
to ~~5112.39~~5168.71 of the Revised Code.	130347

~~Sec. 5112.99.~~ Sec. 5168.99. (A) The medicaid director ~~of job and~~	130348
~~family services~~ shall impose a penalty for each day that a	130349
hospital fails to report the information required under section	130350
~~5112.04~~5168.05 of the Revised Code on or before the dates	130351
specified in that section. The amount of the penalty shall be	130352
established by the director in rules adopted under section ~~5112.03~~	130353
5168.02 of the Revised Code.	130354

(B) In addition to any other remedy available to the	130355
department of ~~job and family services~~medicaid under law to	130356
collect unpaid assessments and transfers under sections ~~5112.01~~	130357
5168.01 to ~~5112.21~~5168.14 of the Revised Code, the director	130358
shall impose a penalty of ten per cent of the amount due on any	130359
hospital that fails to pay assessments or make intergovernmental	130360
transfers by the dates required by rules adopted under section	130361
~~5112.03~~5168.02 of the Revised Code.	130362

(C) In addition to any other remedy available to the	130363
department of ~~job and family services~~medicaid under law to	130364
collect unpaid assessments imposed under section ~~5112.41~~5168.21	130365
of the Revised Code, the director shall impose a penalty of ten	130366
per cent of the amount due on any hospital that fails to pay the	130367
assessment by the date it is due.	130368

(D) The director shall waive the penalties provided for in	130369
this section for good cause shown by the hospital.	130370

(E) All penalties imposed under this section shall be	130371
deposited into the health care administration fund created by	130372
section ~~5111.94~~5162.54 of the Revised Code.	130373

~~Sec. 5112.991.~~ Sec. 5168.991. The department of ~~job and family~~	130374
~~services~~medicaid may offset the amount of a hospital's unpaid	130375
penalty imposed under section ~~5112.99~~5168.99 of the Revised Code	130376
from one or more payments due the hospital under the medicaid	130377
program. The total amount that may be offset from one or more	130378
payments shall not exceed the amount of the unpaid penalty.	130379

Sec. 5302.221. (A) As used in this section:

130380

"Estate" has the same meaning as in section ~~5111.11~~5162.21	130381
of the Revised Code.	130382

"Medicaid estate recovery program" means the program	130383
instituted under section ~~5111.11~~5162.21 of the Revised Code.	130384

(B) The administrator of the medicaid estate recovery program	130385
shall prescribe a form on which a beneficiary of a transfer on	130386
death designation affidavit as provided in section 5302.22 of the	130387
Revised Code, who survives the deceased owner of the real property	130388
or an interest in the real property or that is in existence on the	130389
date of death of the deceased owner, or that beneficiary's	130390
representative is to indicate both of the following:	130391

(1) Whether the deceased owner was either of the following:

130392

(a) A decedent subject to the medicaid estate recovery	130393
program;	130394

(b) The spouse of a decedent subject to the medicaid estate	130395
recovery program.	130396

(2) Whether the real property or interest in the real	130397
property was part of the estate of a decedent subject to the	130398
medicaid estate recovery program.	130399

(C) A county recorder shall obtain a properly completed form	130400
prescribed under division (B) of this section from the beneficiary	130401
of a transfer on death designation affidavit or the beneficiary's	130402
representative and send a copy of the form to the administrator of	130403
the medicaid estate recovery program before recording the transfer	130404
of the real property or interest in the real property under	130405
section 5302.222 of the Revised Code.	130406

Sec. 5309.082. (A) As used in this section:

130407

"Estate" has the same meaning as in section ~~5111.11~~5162.21	130408
of the Revised Code.	130409

"Medicaid estate recovery program" means the program	130410
instituted under section ~~5111.11~~5162.21 of the Revised Code.	130411

(B) The administrator of the medicaid estate recovery program	130412
shall prescribe a form on which a surviving tenant under a	130413
survivorship tenancy or such a surviving tenant's representative	130414
is to indicate both of the following:	130415

(1) Whether the deceased survivorship tenant was either of	130416
the following:	130417

(a) A decedent subject to the medicaid estate recovery	130418
program;	130419

(b) The spouse of a decedent subject to the medicaid estate	130420
recovery program.	130421

(2) Whether the registered land under a survivorship tenancy	130422
was part of the estate of a decedent subject to the medicaid	130423
estate recovery program.	130424

(C) A county recorder shall obtain a properly completed form	130425
prescribed under division (B) of this section from the surviving	130426
tenant under a survivorship tenancy or the surviving tenant's	130427
representative and send a copy of the form to the administrator of	130428
the medicaid estate recovery program before registering the title	130429
in the surviving tenants under section 5309.081 of the Revised	130430
Code.	130431

Sec. 5309.68. Any person owning real estate, the title to	130432
which is registered, may request the withdrawal of such real	130433
estate from registration by presenting to the county recorder an	130434
affidavit of intention to withdraw. The affidavit shall describe	130435
the real estate, shall be properly executed and signed, and shall	130436
have attached to it the owner's duplicate certificate of title.	130437
Thereupon the county recorder shall register or record the	130438
affidavit and, upon order of the court, cancel said certificate of	130439
record, and ~~thereafter~~record the court's order in the	130440
unregistered land official records. Thereafter, said title shall	130441
be considered the same as other unregistered lands. ~~All deeds and~~	130442
~~mortgages heretofore filed conveying registered lands, the~~A	130443
registration certificate ~~of which~~that has been surrendered as	130444
herein provided, shall be recorded according to law, and	130445
thereafter the lands conveyed therein shall be considered the same	130446
as other unregistered lands.	130447

Sec. 5309.86. (A) Every memorial, notation, or cancellation	130448
of such memorial or notation, made on any certificate of title or	130449
duplicate thereof that is kept by paper means shall be signed by	130450
the county recorder or ~~his~~the recorder's authorized deputy or	130451
clerk.	130452

(B) If a county recorder maintains registered land records by	130453
nonpaper means in the manner authorized by section 5309.031 of the	130454
Revised Code, the signature and seal of the county recorder or the	130455
recorder's authorized deputy or clerk may be reproduced by	130456
electronic facsimile on a certificate of title or duplicate	130457
thereof. Any prior memorial, notation, or cancellation of such	130458
memorial or notation on a certificate of title or duplicate	130459
thereof shall note only the name of the prior recorder and need	130460
not be signed by the county recorder or the recorder's authorized	130461
deputy or clerk.	130462

Sec. 5501.311. (A) Notwithstanding sections 123.01 and	130463
127.16 of the Revised Code the director of transportation may	130464
lease or lease-purchase all or any part of a transportation	130465
facility to or from one or more persons, one or more governmental	130466
agencies, a transportation improvement district, or any	130467
combination thereof, and may grant leases, easements, or licenses	130468
for lands under the control of the department of transportation.	130469
The director may adopt rules necessary to give effect to this	130470
section.	130471

(B) Plans and specifications for the construction of a	130472
transportation facility under a lease or lease-purchase agreement	130473
are subject to approval of the director and must meet or exceed	130474
all applicable standards of the department.	130475

(C) Any lease or lease-purchase agreement under which the	130476
department is the lessee shall be for a period not exceeding the	130477
then current two-year period for which appropriations have been	130478
made by the general assembly to the department, and such agreement	130479
may contain such other terms as the department and the other	130480
parties thereto agree, notwithstanding any other provision of law,	130481
including provisions that rental payments in amounts sufficient to	130482
pay bond service charges payable during the current two-year lease	130483
term shall be an absolute and unconditional obligation of the	130484
department independent of all other duties under the agreement	130485
without set-off or deduction or any other similar rights or	130486
defenses. Any such agreement may provide for renewal of the	130487
agreement at the end of each term for another term, not exceeding	130488
two years, provided that no renewal shall be effective until the	130489
effective date of an appropriation enacted by the general assembly	130490
from which the department may lawfully pay rentals under such	130491
agreement. Any such agreement may include, without limitation, any	130492
agreement by the department with respect to any costs of	130493
transportation facilities to be included prior to acquisition and	130494
construction of such transportation facilities. Any such agreement	130495
shall not constitute a debt or pledge of the faith and credit of	130496
the state, or of any political subdivision of the state, and the	130497
lessor shall have no right to have taxes or excises levied by the	130498
general assembly, or the taxing authority of any political	130499
subdivision of the state, for the payment of rentals thereunder.	130500
Any such agreement shall contain a statement to that effect.	130501

(D) A municipal corporation, township, or county may use	130502
service payments in lieu of taxes credited to special funds or	130503
accounts pursuant to sections 5709.43, 5709.75, and 5709.80 of the	130504
Revised Code to provide its contribution to the cost of a	130505
transportation facility, provided such facility was among the	130506
purposes for which such service payments were authorized. The	130507
contribution may be in the form of a lump sum or periodic	130508
payments.	130509

(E) Pursuant to the "Telecommunications Act of 1996," 110	130510
Stat. 152, 47 U.S.C. 332 note, the director may grant a lease,	130511
easement, or license in a transportation facility to a	130512
telecommunications service provider for construction, placement,	130513
or operation of a telecommunications facility. An interest granted	130514
under this division is subject to all of the following conditions:	130515

(1) The transportation facility is owned in fee simple or	130516
easement by this state at the time the lease, easement, or license	130517
is granted to the telecommunications provider.	130518

(2) The lease, easement, or license shall be granted on a	130519
competitive basis in accordance with policies and procedures to be	130520
determined by the director. The policies and procedures may	130521
include provisions for master leases for multiple sites.	130522

(3) The telecommunications facility shall be designed to	130523
accommodate the state's multi-agency radio communication system,	130524
the intelligent transportation system, and the department's	130525
communication system as the director may determine is necessary	130526
for highway or other departmental purposes.	130527

(4) The telecommunications facility shall be designed to	130528
accommodate such additional telecommunications equipment as may	130529
feasibly be co-located thereon as determined in the discretion of	130530
the director.	130531

(5) The telecommunications service providers awarded the	130532
lease, easement, or license, agree to permit other	130533
telecommunications service providers to co-locate on the	130534
telecommunications facility, and agree to the terms and conditions	130535
of the co-location as determined in the discretion of the	130536
director.	130537

(6) The director shall require indemnity agreements in favor	130538
of the department as a condition of any lease, easement, or	130539
license granted under this division. Each indemnity agreement	130540
shall secure this state and its agents from liability for damages	130541
arising out of safety hazards, zoning, and any other matter of	130542
public interest the director considers necessary.	130543

(7) The telecommunications service provider fully complies	130544
with any permit issued under section 5515.01 of the Revised Code	130545
pertaining to land that is the subject of the lease, easement, or	130546
license.	130547

(8) All plans and specifications shall meet with the	130548
director's approval.	130549

(9) Any other conditions the director determines necessary.

130550

(F) In accordance with section 5501.031 of the Revised Code,	130551
to further efforts to promote energy conservation and energy	130552
efficiency, the director may grant a lease, easement, or license	130553
in a transportation facility to a utility service provider that	130554
has received its certificate from the Ohio power siting board or	130555
appropriate local entity for construction, placement, or operation	130556
of an alternative energy generating facility service provider as	130557
defined in section 4928.64 of the Revised Code. An interest	130558
granted under this division is subject to all of the following	130559
conditions:	130560

(1) The transportation facility is owned in fee simple or in	130561
easement by this state at the time the lease, easement, or license	130562
is granted to the utility service provider.	130563

(2) The lease, easement, or license shall be granted on a	130564
competitive basis in accordance with policies and procedures to be	130565
determined by the director. The policies and procedures may	130566
include provisions for master leases for multiple sites.	130567

(3) The alternative energy generating facility shall be	130568
designed to provide energy for the department's transportation	130569
facilities with the potential for selling excess power on the	130570
power grid, as the director may determine is necessary for highway	130571
or other departmental purposes.	130572

(4) The director shall require indemnity agreements in favor	130573
of the department as a condition of any lease, easement, or	130574
license granted under this division. Each indemnity agreement	130575
shall secure this state from liability for damages arising out of	130576
safety hazards, zoning, and any other matter of public interest	130577
the director considers necessary.	130578

(5) The alternative energy service provider fully complies	130579
with any permit issued by the Ohio power siting board under	130580
Chapter 4906. of the Revised Code and complies with section	130581
5515.01 of the Revised Code pertaining to land that is the subject	130582
of the lease, easement, or license.	130583

(6) All plans and specifications shall meet with the	130584
director's approval.	130585

(7) Any other conditions the director determines necessary.

130586

(G) Money the department receives under ~~divisions (E) and (F)~~	130587
of this section shall be deposited into the state treasury to the	130588
credit of the highway operating fund.	130589

(H) A lease, easement, or license granted under division (E)	130590
or (F) of this section, and any telecommunications facility or	130591
alternative energy generating facility relating to such interest	130592
in a transportation facility, is hereby deemed to further the	130593
essential highway purpose of building and maintaining a safe,	130594
energy-efficient, and accessible transportation system.	130595

Sec. 5501.312. (A) The director of transportation may do all	130596
of the following:	130597

~~(A)~~(1) Contract in the manner provided by this section with	130598
one or more persons, a transportation improvement district, one or	130599
more governmental agencies, or any combination thereof, desiring	130600
the use or service of a transportation facility, and fix the	130601
terms, conditions, rentals, or other charges for such use or	130602
services. Such contract may provide for acquisition by such person	130603
or governmental agency of all or any part of the facility for such	130604
consideration payable over the period of the contract or otherwise	130605
as the director in ~~his~~the director's sole discretion determines	130606
to be appropriate.	130607

~~(B)~~(2) Make loans from any available source, including the	130608
federal share of a project, for the planning, acquisition, or	130609
construction of transportation facilities upon such terms as the	130610
director may determine or authorize, including secured or	130611
unsecured loans, and in connection therewith, enter into loan	130612
agreements, subordination agreements, and other agreements, accept	130613
notes and other forms of obligation to evidence the indebtedness	130614
and mortgages, liens, pledges, assignments, or other security	130615
interests to secure the indebtedness, which may be prior or	130616
subordinate to or on a parity with other indebtedness,	130617
obligations, mortgages, pledges, assignments, other security	130618
interests, or liens or encumbrances, and take such actions as are	130619
appropriate to protect the security and safeguard against losses,	130620
including foreclosure and the bidding upon and purchase of	130621
property upon foreclosure or other sale. Repayments of a federal	130622
share loan may be obligated by the director for any transportation	130623
purpose, including the reloaning of such repaid funds for other	130624
projects. Reloaned funds would be considered state loans, not	130625
federal share loans.	130626

~~(C)~~(3) Sell transportation facilities under such terms as he	130627
the director may determine, including conditional sale or	130628
installment sale, under which title may pass prior to or after	130629
completion of the facility, or at any time provided in the	130630
agreement pertaining to the sale, including sale under an option	130631
to purchase at a price which may be a nominal amount or less than	130632
true value at the time of the purchase;	130633

~~(D)~~(4) Grant a ~~mortage~~mortgage, lien, or other encumbrance	130634
on, or pledge or assignment of, or other security interest with	130635
respect to, all or any part of a transportation facility, or on,	130636
of, or with respect to any lease, sublease, sale, conditional sale	130637
or installment sale agreement, loan agreement, or other agreement	130638
pertaining to the lease, sublease, sale, or other disposition of a	130639
facility or pertaining to a loan made for a facility, or any	130640
guaranty or insurance agreement made with respect thereto, or any	130641
interest of the department of transportation therein, or any other	130642
interest granted, assigned, or released to secure payments to be	130643
made by the department, which mortgage, lien, encumbrance, pledge,	130644
assignment, or other security interest may be prior or subordinate	130645
to or on a parity with any other mortgage assignment, or other	130646
security interest, lien, or encumbrance;	130647

~~(E)~~(5) Contract for the acquisition or construction of a	130648
transportation facility or any part thereof and for the leasing,	130649
subleasing, sale, or other disposition of the facility in a manner	130650
determined by the director.	130651

(B) All money received by the department under this section	130652
shall be deposited into the state treasury to the credit of the	130653
highway operating fund.	130654

Sec. 5501.73. (A) After selecting a solicited or unsolicited	130655
proposal for a public-private initiative, the department of	130656
transportation shall enter into a public-private agreement for a	130657
transportation facility with the selected private entity or any	130658
configuration of private entities. An affected jurisdiction may be	130659
a party to a public-private agreement entered into by the	130660
department and a selected private entity or combination of private	130661
entities.	130662

(B) A public-private agreement under this section shall	130663
provide for all of the following:	130664

(1) Planning, acquisition, financing, development, design,	130665
construction, reconstruction, replacement, improvement,	130666
maintenance, management, repair, leasing, or operation of a	130667
transportation facility;	130668

(2) Term of the public-private agreement;

130669

(3) Type of property interest, if any, the private entity	130670
will have in the transportation facility;	130671

(4) A specific plan to ensure proper maintenance of the	130672
transportation facility throughout the term of the agreement and a	130673
return of the facility to the department, if applicable, in good	130674
condition and repair;	130675

(5) Whether user fees will be collected on the transportation	130676
facility and the basis by which such user fees shall be determined	130677
and modified;	130678

(6) Compliance with applicable federal, state, and local	130679
laws;	130680

(7) Grounds for termination of the public-private agreement	130681
by the department or operator;	130682

(8) Disposition of the facility upon completion of the	130683
agreement;	130684

(9) Procedures for amendment of the agreement.

130685

(C) A public-private agreement under this section may provide	130686
for any of the following:	130687

(1) Review and approval by the department of the operator's	130688
plans for the development and operation of the transportation	130689
facility;	130690

(2) Inspection by the department of construction of or	130691
improvements to the transportation facility;	130692

(3) Maintenance by the operator of a policy of liability	130693
insurance or self-insurance;	130694

(4) Filing by the operator, on a periodic basis, of	130695
appropriate financial statements in a form acceptable to the	130696
department;	130697

(5) Filing by the operator, on a periodic basis, of traffic	130698
reports in a form acceptable to the department;	130699

(6) Financing obligations of the operator and the department;

130700

(7) Apportionment of expenses between the operator and the	130701
department;	130702

(8) Rights and duties of the operator, the department, and	130703
other state and local governmental entities with respect to use of	130704
the transportation facility;	130705

(9) Rights and remedies available in the event of default or	130706
delay;	130707

(10) Terms and conditions of indemnification of the operator	130708
by the department;	130709

(11) Assignment, subcontracting, or other delegation of	130710
responsibilities of the operator or the department under the	130711
agreement to third parties, including other private entities and	130712
other state agencies;	130713

(12) Sale or lease to the operator of private property	130714
related to the transportation facility;	130715

(13) Traffic enforcement and other policing issues, including	130716
any reimbursement by the private entity for such services.	130717

(D)(1) The director of transportation may include in any	130718
public-private agreement under sections 5501.70 to 5501.83 of the	130719
Revised Code a provision authorizing a binding dispute resolution	130720
method for any controversy subsequently arising out of the	130721
contract. The binding dispute resolution method may proceed only	130722
upon agreement of all parties to the controversy. If all parties	130723
do not agree to proceed to a binding dispute resolution, a party	130724
having a claim against the department shall exhaust its	130725
administrative remedies specified in the public-private agreement	130726
prior to filing any action against the department in the court of	130727
claims.	130728

No appeal from the determination of a technical expert lies	130729
to any court, except that the court of common pleas of Franklin	130730
County may issue an order vacating such a determination upon the	130731
application of any party to the binding dispute resolution if any	130732
of the following applies:	130733

(a) The determination was procured by corruption, fraud, or	130734
undue means.	130735

(b) There was evidence of partiality or corruption on the	130736
part of the technical expert.	130737

(c) The technical expert was guilty of misconduct in refusing	130738
to postpone the hearing, upon sufficient cause shown, or in	130739
refusing to hear evidence pertinent and material to the	130740
controversy, or of any other misbehavior by which the rights of	130741
any party have been prejudiced.	130742

(2) As used in this division, "binding dispute resolution"	130743
means a binding determination after review by a technical expert	130744
of all relevant items, which may include documents, and by	130745
interviewing appropriate personnel and visiting the project site	130746
involved in the controversy. "Binding dispute resolution" does not	130747
involve representation by legal counsel or advocacy by any person	130748
on behalf of any party to the controversy.	130749

(E) No public-private agreement entered into under this	130750
section shall be construed to transfer to a private entity the	130751
director's authority to appropriate property under Chapters 163.,	130752
5501., and 5519. of the Revised Code.	130753

(F) Money collected by the department pursuant to an	130754
agreement entered into under this section shall be deposited into	130755
the state treasury to the credit of the highway operating fund.	130756

Sec. 5502.011. (A) As used in this section, "department of	130757
public safety" and "department" include all divisions within the	130758
department of public safety.	130759

(B) The director of public safety is the chief executive and	130760
administrative officer of the department. The director may	130761
establish policies governing the department, the performance of	130762
its employees and officers, the conduct of its business, and the	130763
custody, use, and preservation of departmental records, papers,	130764
books, documents, and property. The director also may authorize	130765
and approve investigations to be conducted by any of the	130766
department's divisions. Whenever the Revised Code imposes a duty	130767
upon or requires an action of the department, the director may	130768
perform the action or duty in the name of the department or direct	130769
such performance to be performed by the director's designee.	130770

(C) In addition to any other duties enumerated in the Revised	130771
Code, the director or the director's designee shall do all of the	130772
following:	130773

(1) Administer and direct the performance of the duties of	130774
the department;	130775

(2) Pursuant to Chapter 119. of the Revised Code, approve,	130776
adopt, and prescribe such forms and rules as are necessary to	130777
carry out the duties of the department;	130778

(3) On behalf of the department and in addition to any	130779
authority the Revised Code otherwise grants to the department,	130780
have the authority and responsibility for approving and entering	130781
into contracts, agreements, and other business arrangements;	130782

(4) Make appointments for the department as needed to comply	130783
with requirements of the Revised Code;	130784

(5) Approve employment actions of the department, including	130785
appointments, promotions, discipline, investigations, and	130786
terminations;	130787

(6) Accept, hold, and use, for the benefit of the department,	130788
any gift, donation, bequest, or devise, and may agree to and	130789
perform all conditions of the gift, donation, bequest, or devise,	130790
that are not contrary to law;	130791

(7) Apply for, allocate, disburse, and account for grants	130792
made available under federal law or from other federal, state, or	130793
private sources;	130794

(8) Develop a list of disqualifying offenses for licensure as	130795
a private investigator or a security guard provider pursuant to	130796
sections 4749.03, 4749.04, 4749.10, and 4776.10 of the Revised	130797
Code;	130798

(9) Do all other acts necessary or desirable to carry out	130799
this chapter.	130800

(D)(1) The director of public safety may assess a reasonable	130801
fee, plus the amount of any charge or fee passed on from a	130802
financial institution, on a drawer or indorser for each of the	130803
following:	130804

(a) A check, draft, or money order that is returned or	130805
dishonored;	130806

(b) An automatic bank transfer that is declined, due to	130807
insufficient funds or for any other reason;	130808

(c) Any financial transaction device that is returned or	130809
dishonored for any reason.	130810

(2) The director shall deposit any fee collected under this	130811
division in an appropriate fund as determined by the director	130812
based on the tax, fee, or fine being paid.	130813

(3) As used in this division, "financial transaction device"	130814
has the same meaning as in section 113.40 of the Revised Code.	130815

(E) The director shall establish a homeland security advisory	130816
council to advise the director on homeland security, including	130817
homeland security funding efforts. The advisory council shall	130818
include, but not be limited to, state and local government	130819
officials who have homeland security or emergency management	130820
responsibilities and who represent first responders. The director	130821
shall appoint the members of the council, who shall serve without	130822
compensation.	130823

~~(F)(1) The director or the director's designee shall carry~~	130824
~~out the duties required of the director under Chapter 5507. of the~~	130825
~~Revised Code. The director may, at the director's discretion,~~	130826
~~assign employees of the department to provide assistance in~~	130827
~~carrying out those duties as the director considers necessary.~~	130828

~~(2) The director may adopt rules under Chapter 111. of the~~	130829
~~Revised Code to approve, adopt, and prescribe such forms and~~	130830
~~processes as are necessary to carry out the duties required of the~~	130831
~~director under Chapter 5507. of the Revised Code.~~	130832

Sec. 5505.12. (A) The state highway patrol retirement board	130833
shall have prepared annually by or under the supervision of an	130834
actuary an actuarial valuation of the pension assets, liabilities,	130835
and funding requirements of the state highway patrol retirement	130836
system as established pursuant to this chapter. The actuary shall	130837
complete the valuation in accordance with actuarial standards of	130838
practice promulgated by the actuarial standards board of the	130839
American academy of actuaries and prepare a report of the	130840
valuation. The report shall include all of the following:	130841

(1) A summary of the benefit provisions evaluated;

130842

(2) A summary of the census data and financial information	130843
used in the valuation;	130844

(3) A description of the actuarial assumptions, actuarial	130845
cost method, and asset valuation method used in the valuation,	130846
including a statement of the assumed rate of payroll growth and	130847
assumed rate of growth or decline in the number of members	130848
contributing to the retirement system;	130849

(4) A summary of findings that includes a statement of the	130850
actuarial accrued pension liabilities and unfunded actuarial	130851
accrued pension liabilities;	130852

(5) A schedule showing the effect of any changes in the	130853
benefit provisions, actuarial assumptions, or cost methods since	130854
the last annual actuarial valuation;	130855

(6) A statement of whether contributions to the retirement	130856
system are expected to be sufficient to satisfy the funding	130857
objectives established by the board.	130858

The board shall submit the report to the Ohio retirement	130859
study council, the director of budget and management, and the	130860
standing committees of the house of representatives and the senate	130861
with primary responsibility for retirement legislation immediately	130862
upon its availability and not later than the first day of July	130863
following the year for which the valuation was made.	130864

(B) At such times as the state highway patrol retirement	130865
board determines, and at least once in each five-year period after	130866
January 1, 1966, the board shall have prepared by or under the	130867
supervision of an actuary an actuarial investigation of the	130868
mortality, service, and other experience of the members,	130869
retirants, and beneficiaries to update the actuarial assumptions	130870
used in the actuarial valuation required by division (A) of this	130871
section. The actuary shall prepare a report of the actuarial	130872
investigation. The report shall be prepared and any recommended	130873
changes in actuarial assumptions shall be made in accordance with	130874
the actuarial standards of practice promulgated by the actuarial	130875
standards board of the American academy of actuaries. The report	130876
shall include all of the following:	130877

(1) A summary of relevant decrement and economic assumption	130878
experience observed over the period of the investigation;	130879

(2) Recommended changes in actuarial assumptions to be used	130880
in subsequent actuarial valuations required by division (A) of	130881
this section;	130882

(3) A measurement of the financial effect of the recommended	130883
changes in actuarial assumptions;	130884

(4) If the investigation required by this division includes	130885
the investigation required by division (F) of this section, a	130886
report of the result of that investigation.	130887

The board shall submit the report to the Ohio retirement	130888
study council and the standing committees of the house of	130889
representatives and the senate with primary responsibility for	130890
retirement legislation not later than the first day of November	130891
following the last fiscal year of the period the report covers.	130892

(C) The board may at any time request the actuary to make any	130893
studies or actuarial valuations to determine the adequacy of the	130894
rates of contributions provided by section 5505.15 of the Revised	130895
Code.	130896

(D) The board shall have prepared by or under the supervision	130897
of an actuary an actuarial analysis of any introduced legislation	130898
expected to have a measurable financial impact on the retirement	130899
system. The actuarial analysis shall be completed in accordance	130900
with the actuarial standards of practice promulgated by the	130901
actuarial standards board of the American academy of actuaries.	130902
The actuary shall prepare a report of the actuarial analysis,	130903
which shall include all of the following:	130904

(1) A summary of the statutory changes that are being	130905
evaluated;	130906

(2) A description of or reference to the actuarial	130907
assumptions and actuarial cost method used in the report;	130908

(3) A description of the participant group or groups included	130909
in the report;	130910

(4) A statement of the financial impact of the legislation,	130911
including the resulting increase, if any, in the employer normal	130912
cost percentage; the increase, if any, in actuarial accrued	130913
liabilities; and the per cent of payroll that would be required to	130914
amortize the increase in actuarial accrued liabilities as a level	130915
per cent of covered payroll for all active members over a period	130916
not to exceed thirty years;	130917

(5) A statement of whether the scheduled contributions to the	130918
system after the proposed change is enacted are expected to be	130919
sufficient to satisfy the funding objectives established by the	130920
board.	130921

Not later than sixty days from the date of introduction of	130922
the legislation, the board shall submit a copy of the actuarial	130923
analysis to the legislative service commission, the standing	130924
committees of the house of representatives and the senate with	130925
primary responsibility for retirement legislation, and the Ohio	130926
retirement study council.	130927

(E) The board shall have prepared annually a report giving a	130928
full accounting of the revenues and costs relating to the	130929
provision of benefits under section 5505.28 of the Revised Code.	130930
The report shall be made as of December 31, 1997, and the	130931
thirty-first day of December of each year thereafter. The report	130932
shall include the following:	130933

(1) A description of the statutory authority for the benefits	130934
provided;	130935

(2) A summary of the benefits;

130936

(3) A summary of the eligibility requirements for the	130937
benefits;	130938

(4) A statement of the number of participants eligible for	130939
the benefits;	130940

(5) A description of the accounting, asset valuation, and	130941
funding method used to provide the benefits;	130942

(6) A statement of the net assets available for the provision	130943
of the benefits as of the last day of the fiscal year;	130944

(7) A statement of any changes in the net assets available	130945
for the provision of benefits, including participant and employer	130946
contributions, net investment income, administrative expenses, and	130947
benefits provided to participants, as of the last day of the	130948
fiscal year;	130949

(8) For the last six consecutive fiscal years, a schedule of	130950
the net assets available for the benefits, the annual cost of	130951
benefits, administrative expenses incurred, and annual employer	130952
contributions allocated for the provision of benefits;	130953

(9) A description of any significant changes that affect the	130954
comparability of the report required under this division;	130955

(10) A statement of the amount paid under division (B) of	130956
section 5505.28 of the Revised Code.	130957

The board shall submit the report to the Ohio retirement	130958
study council, the director of budget and management, and the	130959
standing committees of the house of representatives and the senate	130960
with primary responsibility for retirement legislation immediately	130961
upon its availability and not later than the thirtieth day of June	130962
following the year for which the report was made.	130963

(F) At least once in each five-year period, the board shall	130964
have prepared by or under the supervision of an actuary an	130965
actuarial investigation of the deferred retirement option plan	130966
established under section 5505.50 of the Revised Code. The	130967
investigation shall include an examination of the financial	130968
impact, if any, on the retirement system of offering the plan to	130969
members.	130970

The actuary shall prepare a report of the actuarial	130971
investigation. The report shall include a determination of whether	130972
the plan, as established or modified, has a negative financial	130973
impact on the retirement system and, if so, recommendations on how	130974
to modify the plan to eliminate the negative financial impact. If	130975
the actuarial report indicates that the plan has a negative	130976
financial impact on the retirement system, the board shall modify	130977
the plan. If the board modifies the plan, the rights and	130978
obligations of members who have already elected to participate	130979
shall not be altered.	130980

The state's contributions to the employer accumulation fund	130981
shall not be increased to offset any negative financial impact of	130982
the deferred retirement option plan.	130983

The board may include the actuarial investigation required	130984
under this division as part of the actuarial investigation	130985
required under division (B) of this section. If the report of the	130986
actuarial investigation required by this division is not included	130987
in the report required by division (B) of this section, the board	130988
shall submit the report required by this division to the Ohio	130989
retirement study council and the standing committees of the house	130990
of representatives and the senate with primary responsibility for	130991
retirement legislation not later than the first day of November	130992
following the last fiscal year of the period the report covers.	130993

Sec. 5511.03. The director of transportation shall examine	130994
the existing highway facilities serving the several hospitals,	130995
educational institutions, and correctional and other similar	130996
institutions belonging to the state, and located outside municipal	130997
corporations. Where the director finds that any such state	130998
institution is not located on a state highway or connected with a	130999
highway by a suitable road, affording in its present condition	131000
adequate transportation facilities to those having occasion to	131001
visit such institution, the director may establish a state highway	131002
leading to such institution from a convenient point on an existing	131003
highway. Where the director finds that any such institution is not	131004
served by adequate highway facilities connecting it with the	131005
railroad delivery point from which it principally obtains fuel,	131006
provisions, and supplies, the director may establish a highway	131007
connecting such institution and railroad delivery point.	131008
Limitations imposed on the mileage of state highways shall not	131009
apply to highways established under this section.	131010

The director may construct at state expense all highways	131011
established under authority of this section and pay the entire	131012
cost thereof from the state highway operating fund. Such highways	131013
shall be maintained by the department of transportation and the	131014
cost shall be paid from the highway operating fund of the	131015
department.	131016

The directors of transportation, ~~mental health~~mental health	131017
and addiction services, developmental disabilities, and	131018
rehabilitation and correction may cooperate in the establishment,	131019
construction, reconstruction, maintenance, and repair of roads	131020
within the limits of state institutions. The cost shall be paid	131021
from funds appropriated for highway purposes and from the funds	131022
appropriated to the department of ~~mental health~~mental health and	131023
addiction services, department of developmental disabilities, or	131024
the department of rehabilitation and correction for capital	131025
improvements or maintenance in such proportion as may be agreed	131026
upon by the directors of transportation, ~~mental health~~mental	131027
health and addiction services, developmental disabilities, and	131028
rehabilitation and correction.	131029

Sec. 5515.08. (A) The department of transportation may	131030
contract to sell commercial advertising space within or on the	131031
outside surfaces of any building located within a roadside rest	131032
area under its jurisdiction in exchange for cash payment. Money	131033
the department receives under this section shall be deposited in	131034
the state treasury to the credit of the ~~roadside rest area~~	131035
~~improvement~~highway operating fund~~, which is hereby created. The~~	131036
~~department shall use the money in the fund only to improve~~	131037
~~roadside rest areas in accordance with section 5529.06 of the~~	131038
~~Revised Code~~.	131039

(B) Advertising placed under this section shall comply with	131040
all of the following:	131041

(1) It shall not be libelous or obscene and shall not promote	131042
any illegal product or service.	131043

(2) It shall not promote illegal discrimination on the basis	131044
of the race, religion, national origin, handicap, age, or ancestry	131045
of any person.	131046

(3) It shall not support or oppose any candidate for	131047
political office or any political cause, issue, or organization.	131048

(4) It shall comply with any controlling federal or state	131049
regulations or restrictions.	131050

(5) To the extent physically and technically practical, it	131051
shall state that the advertisement is a paid commercial	131052
advertisement and that the state does not endorse the product or	131053
service promoted by the advertisement or make any representation	131054
about the accuracy of the advertisement or the quality or	131055
performance of the product or service promoted by the	131056
advertisement.	131057

(6) It shall conform to all applicable rules adopted by the	131058
director of transportation under division (E) of this section.	131059

(C) Contracts entered into under this section shall be	131060
awarded only to the qualified bidder who submits the highest	131061
responsive bid or according to uniformly applied rate classes.	131062

(D) No person, except an advertiser alleging a breach of	131063
contract or the improper awarding of a contract, has a cause of	131064
action against the state with respect to any contract or	131065
advertising authorized by this section. Under no circumstances is	131066
the state liable for consequential or noneconomic damages with	131067
respect to any contract or advertising authorized under this	131068
section.	131069

(E) The director, in accordance with Chapter 119. of the	131070
Revised Code, shall adopt rules to implement this section. The	131071
rules shall be consistent with the policy of protecting the safety	131072
of the traveling public and consistent with the national policy	131073
governing the use and control of such roadside rest areas. The	131074
rules shall regulate the awarding of contracts and may regulate	131075
the content, display, and other aspects of the commercial	131076
advertising authorized by this section.	131077

Sec. 5540.03. (A) A transportation improvement district may:

131078

(1) Adopt bylaws for the regulation of its affairs and the	131079
conduct of its business;	131080

(2) Adopt an official seal;

131081

(3) Sue and be sued in its own name, plead and be impleaded,	131082
provided any actions against the district shall be brought in the	131083
court of common pleas of the county in which the principal office	131084
of the district is located, or in the court of common pleas of the	131085
county in which the cause of action arose, and all summonses,	131086
exceptions, and notices of every kind shall be served on the	131087
district by leaving a copy thereof at its principal office with	131088
the secretary-treasurer;	131089

(4) Purchase, construct, maintain, repair, sell, exchange,	131090
police, operate, or lease projects;	131091

(5) Issue either or both of the following for the purpose of	131092
providing funds to pay the costs of any project or part thereof:	131093

(a) Transportation improvement district revenue bonds;

131094

(b) Bonds pursuant to Section 13 of Article VIII, Ohio	131095
Constitution;	131096

(6) Maintain such funds as it considers necessary;

131097

(7) Direct its agents or employees, when properly identified	131098
in writing and after at least five days' written notice, to enter	131099
upon lands within its jurisdiction to make surveys and	131100
examinations preliminary to the location and construction of	131101
projects for the district, without liability of the district or	131102
its agents or employees except for actual damage done;	131103

(8) Make and enter into all contracts and agreements	131104
necessary or incidental to the performance of its functions and	131105
the execution of its powers under this chapter;	131106

(9) Employ or retain or contract for the services of	131107
consulting engineers, superintendents, managers, and such other	131108
engineers, construction and accounting experts, financial	131109
advisers, trustees, marketing, remarketing, and administrative	131110
agents, attorneys, and other employees, independent contractors,	131111
or agents as are necessary in its judgment and fix their	131112
compensation, provided all such expenses shall be payable solely	131113
from the proceeds of bonds or from revenues;	131114

(10) Receive and accept from the federal or any state or	131115
local government, including, but not limited to, any agency,	131116
entity, or instrumentality of any of the foregoing, loans and	131117
grants for or in aid of the construction, maintenance, or repair	131118
of any project, and receive and accept aid or contributions from	131119
any source or person of money, property, labor, or other things of	131120
value, to be held, used, and applied only for the purposes for	131121
which such loans, grants, and contributions are made. Nothing in	131122
division (A)(10) of this section shall be construed as imposing	131123
any liability on this state for any loan received by a	131124
transportation improvement district from a third party unless this	131125
state has entered into an agreement to accept such liability.	131126

(11) Acquire, hold, and dispose of property in the exercise	131127
of its powers and the performance of its duties under this	131128
chapter;	131129

(12) Establish and collect tolls or user charges for its	131130
projects;	131131

(13) Subject to section 5540.18 of the Revised Code, enter	131132
into an agreement with a contiguous board of county commissioners	131133
other than the board of county commissioners that created the	131134
transportation improvement district, for the district to exercise	131135
all or any portion of its powers with respect to a project that is	131136
located wholly or partially within the county that is party to the	131137
agreement;	131138

(14) Do all acts necessary and proper to carry out the powers	131139
expressly granted in this chapter.	131140

(B) Chapters 123., 124., 125., 153., and 4115., and sections	131141
9.331 to 9.335 and 307.86 of the Revised Code do not apply to	131142
contracts or projects of a transportation improvement district.	131143

Sec. 5540.18. A board of county commissioners may enter into	131144
an agreement with a contiguous transportation improvement district	131145
that the board of county commissioners did not create for the	131146
district to undertake a project that is located wholly or	131147
partially within that county provided that, the board of county	131148
commissioners of the county that created the transportation	131149
improvement district also must enter into the agreement.	131150

No transportation improvement district shall undertake a	131151
project that is located wholly or partially within a county that	131152
did not create the transportation improvement district except	131153
pursuant to an agreement entered into in accordance with this	131154
section, a project being undertaken by two or more transportation	131155
improvement districts, or as otherwise provided by law.	131156

Sec. 5701.13. (A) As used in this section:

131157

(1) "Nursing home" means a nursing home or a home for the	131158
aging, as those terms are defined in section 3721.01 of the	131159
Revised Code, that is issued a license pursuant to section 3721.02	131160
of the Revised Code.	131161

(2) "Residential care facility" means a residential care	131162
facility, as defined in section 3721.01 of the Revised Code, that	131163
is issued a license pursuant to section 3721.02 of the Revised	131164
Code.	131165

(3) "Residential facility" means a residential facility	131166
licensed under section ~~5119.22~~5119.34 of the Revised Code that	131167
provides accommodations, supervision, and personal care services	131168
for three to sixteen unrelated adults.	131169

(B) As used in Title LVII of the Revised Code, and for the	131170
purpose of other sections of the Revised Code that refer	131171
specifically to Chapter 5701. or section 5701.13 of the Revised	131172
Code, a "home for the aged" means either of the following:	131173

(1) A place of residence for aged and infirm persons that	131174
satisfies divisions (B)(1)(a) to (e) of this section:	131175

(a) It is a nursing home, residential care facility, or	131176
residential facility.	131177

(b) It is owned by a corporation, unincorporated nonprofit	131178
association, or trust of a charitable, religious, or fraternal	131179
nature, that is organized and operated not for profit, is not	131180
formed for the pecuniary gain or profit of, and whose net earnings	131181
or any part of whose net earnings is not distributable to, its	131182
members, trustees, officers, or other private persons, and is	131183
exempt from federal income taxation under section 501 of the	131184
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	131185

(c) It is open to the public without regard to race, color,	131186
or national origin.	131187

(d) It does not pay, directly or indirectly, compensation for	131188
services rendered, interest on debts incurred, or purchase price	131189
for land, building, equipment, supplies, or other goods or	131190
chattels, which compensation, interest, or purchase price is	131191
unreasonably high.	131192

(e) It provides services for the life of each resident	131193
without regard to the resident's ability to continue payment for	131194
the full cost of the services.	131195

(2) A place of residence that satisfies divisions (B)(1)(b),	131196
(d), and (e) of this section; that satisfies the definition of	131197
"nursing home" or "residential care facility" under section	131198
3721.01 of the Revised Code or the definition of "residential	131199
facility" under division (A)(3) of this section regardless of	131200
whether it is licensed as such a home or facility; and that is	131201
provided at no charge to individuals on account of their service	131202
without compensation to a charitable, religious, fraternal, or	131203
educational institution, which individuals are aged or infirm and	131204
are members of the corporation, association, or trust that owns	131205
the place of residence. For the purposes of division (B)(2) of	131206
this section, "compensation" does not include furnishing room and	131207
board, clothing, health care, or other necessities, or stipends or	131208
other de minimis payments to defray the cost thereof.	131209

Exemption from taxation shall be accorded, on proper	131210
application, only to those homes or parts of homes that meet the	131211
standards and provide the services specified in this section.	131212

Nothing in this section shall be construed as preventing a	131213
home from requiring a resident with financial need to apply for	131214
any applicable financial assistance or requiring a home to retain	131215
a resident who willfully refuses to pay for services for which the	131216
resident has contracted even though the resident has sufficient	131217
resources to do so.	131218

(C)(1) If a corporation, unincorporated nonprofit	131219
association, or trust described in division (B)(1)(b) of this	131220
section is granted a certificate of need pursuant to section	131221
3702.52 of the Revised Code to construct, add to, or otherwise	131222
modify a nursing home, or is given approval pursuant to section	131223
3791.04 of the Revised Code to construct, add to, or otherwise	131224
modify a residential care facility or residential facility and if	131225
the corporation, association, or trust submits an affidavit to the	131226
tax commissioner stating that, commencing on the date of licensure	131227
and continuing thereafter, the home or facility will be operated	131228
in accordance with the requirements of divisions (B)(1)(a) to (e)	131229
of this section, the corporation, association, or trust shall be	131230
considered to be operating a "home for the aged" within the	131231
meaning of division (B)(1) of this section, beginning on the first	131232
day of January of the year in which such certificate is granted or	131233
approval is given.	131234

(2) If a corporation, association, or trust is considered to	131235
be operating a "home for the aged" pursuant to division (C)(1) of	131236
this section, the corporation, association, or trust shall notify	131237
the tax commissioner in writing upon the occurrence of any of the	131238
following events:	131239

(a) The corporation, association, or trust no longer intends	131240
to complete the construction of, addition to, or modification of	131241
the home or facility, to obtain the appropriate license for the	131242
home or facility, or to commence operation of the home or facility	131243
in accordance with the requirements of divisions (B)(1)(a) to (e)	131244
of this section;	131245

(b) The certificate of approval referred to in division	131246
(C)(1) of this section expires, is revoked, or is otherwise	131247
terminated prior to the completion of the construction of,	131248
addition to, or modification of the home or facility;	131249

(c) The license to operate the home or facility is not	131250
granted by the director of health within one year following	131251
completion of the construction of, addition to, or modification of	131252
the home or facility;	131253

(d) The license to operate the home or facility is not	131254
granted by the director of health within four years following the	131255
date upon which the certificate or approval referred to in	131256
division (C)(1) of this section was granted or given;	131257

(e) The home or facility is granted a license to operate as a	131258
nursing home, residential care facility, or residential facility.	131259

(3) Upon the occurrence of any of the events referred to in	131260
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the	131261
corporation, association, or trust shall no longer be considered	131262
to be operating a "home for the aged" pursuant to division (C)(1)	131263
of this section, except that the tax commissioner, for good cause	131264
shown and to the extent the commissioner considers appropriate,	131265
may extend the time period specified in division (C)(2)(c) or (d)	131266
of this section, or both. Nothing in division (C)(3) of this	131267
section shall be construed to prevent a nursing home, residential	131268
care facility, or residential facility from qualifying as a "home	131269
for the aged" if, upon proper application made pursuant to	131270
division (B) of this section, it is found to meet the requirements	131271
of divisions (A) and (B) of this section.	131272

Sec. 5703.052. (A) There is hereby created in the state	131273
treasury the tax refund fund, from which refunds shall be paid for	131274
taxes illegally or erroneously assessed or collected, or for any	131275
other reason overpaid, that are levied by Chapter 4301., 4305.,	131276
5726., 5728., 5729., 5731., 5733., 5735., 5736., 5739., 5741.,	131277
5743., 5747., 5748., 5749., 5751., or 5753. and sections 3737.71,	131278
3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38,	131279
5727.81, and 5727.811 of the Revised Code. Refunds for fees or	131280
wireless 9-1-1 charges illegally or erroneously assessed or	131281
collected, or for any other reason overpaid, that are levied by	131282
sections 128.42 or 3734.90 to 3734.9014 of the Revised Code also	131283
shall be paid from the fund. Refunds for amounts illegally or	131284
erroneously assessed or collected by the tax commissioner, or for	131285
any other reason overpaid, that are due under section 1509.50 of	131286
the Revised Code shall be paid from the fund. However, refunds for	131287
taxes levied under section 5739.101 of the Revised Code shall not	131288
be paid from the tax refund fund, but shall be paid as provided in	131289
section 5739.104 of the Revised Code.	131290

(B)(1) Upon certification by the tax commissioner to the	131291
treasurer of state of a tax refund, a ~~fee~~wireless 9-1-1 charge	131292
refund, or ~~an other~~another amount refunded, or by the	131293
superintendent of insurance of a domestic or foreign insurance tax	131294
refund, the treasurer of state shall place the amount certified to	131295
the credit of the fund. The certified amount transferred shall be	131296
derived from ~~current~~the receipts of the same tax, fee, wireless	131297
9-1-1 charge, or other amount from which the refund arose. If	131298
~~current receipts from the tax, fee, or other amount from which the~~	131299
~~refund arose are inadequate to make the transfer of the amount so~~	131300
~~certified, the treasurer of state shall transfer such certified~~	131301
~~amount from current receipts of the sales tax levied by section~~	131302
~~5739.02 of the Revised Code.~~	131303

(2) When ~~the treasurer of state provides for the payment of a~~	131304
~~refund of a tax, fee, or other amount from the current receipts of~~	131305
~~the sales tax, and the~~a refund is for a tax, fee, wireless 9-1-1	131306
charge, or other amount that is not levied by the state or that	131307
was illegally or erroneously distributed to a taxing jurisdiction,	131308
the tax commissioner shall recover the amount of that refund from	131309
the next distribution of that tax, fee, wireless 9-1-1 charge, or	131310
other amount that otherwise would be made to the taxing	131311
jurisdiction. If the amount to be recovered would exceed	131312
twenty-five per cent of the next distribution of that tax, fee,	131313
wireless 9-1-1 charge, or other amount, the commissioner may	131314
spread the recovery over more than one future distribution, taking	131315
into account the amount to be recovered and the amount of the	131316
anticipated future distributions. In no event may the commissioner	131317
spread the recovery over a period to exceed twenty-four months.	131318

Sec. 5703.053. As used in this section, "postal service"	131319
means the United States postal service.	131320

An application to the tax commissioner for a tax refund under	131321
section 4307.05, 4307.07, 5726.30, 5727.28, 5727.91, 5728.061,	131322
5735.122, 5735.13, 5735.14, 5735.141, 5735.142, 5736.08, 5739.07,	131323
5741.10, 5743.05, 5743.53, 5745.11, 5749.08, or 5751.08 of the	131324
Revised Code or division (B) of section 5703.05 of the Revised	131325
Code, or a fee refunded under section 3734.905 of the Revised	131326
Code, that is received after the last day for filing under such	131327
section shall be considered to have been filed in a timely manner	131328
if:	131329

(A) The application is delivered by the postal service and	131330
the earliest postal service postmark on the cover in which the	131331
application is enclosed is not later than the last day for filing	131332
the application;	131333

(B) The application is delivered by the postal service, the	131334
only postmark on the cover in which the application is enclosed	131335
was affixed by a private postal meter, the date of that postmark	131336
is not later than the last day for filing the application, and the	131337
application is received within seven days of such last day; or	131338

(C) The application is delivered by the postal service, no	131339
postmark date was affixed to the cover in which the application is	131340
enclosed or the date of the postmark so affixed is not legible,	131341
and the application is received within seven days of the last day	131342
for making the application.	131343

Sec. 5703.059. (A) The tax commissioner may adopt rules	131344
requiring returns, including any accompanying schedule or	131345
statement, for any of the following taxes to be filed	131346
electronically using the Ohio business gateway as defined in	131347
section 718.051 of the Revised Code, filed telephonically using	131348
the system known as the Ohio telefile system, or filed by any	131349
other electronic means prescribed by the commissioner:	131350

(1) Employer income tax withholding under Chapter 5747. of	131351
the Revised Code;	131352

(2) Motor fuel tax under Chapter 5735. of the Revised Code;

131353

(3) Cigarette and tobacco product tax under Chapter 5743. of	131354
the Revised Code;	131355

(4) Severance tax under Chapter 5749. of the Revised Code;

131356

(5) Use tax under Chapter 5741. of the Revised Code;

131357

(6) Commercial activity tax under Chapter 5751. of the	131358
Revised Code;	131359

(7) Financial institutions tax under Chapter 5726. of the	131360
Revised Code;	131361

(8) Motor fuel receipts tax under Chapter 5736. of the	131362
Revised Code;	131363

(9) Horse-racing taxes under Chapter 3769. of the Revised	131364
Code.	131365

(B) The tax commissioner may adopt rules requiring any	131366
payment of tax shown on such a return to be due to be made	131367
electronically in a manner approved by the commissioner.	131368

(C) A rule adopted under this section does not apply to	131369
returns or reports filed or payments made before six months after	131370
the effective date of the rule. The commissioner shall publicize	131371
any new electronic filing requirement on the department's web	131372
site. The commissioner shall educate the public of the requirement	131373
through seminars, workshops, conferences, or other outreach	131374
activities.	131375

(D) Any person required to file returns and make payments	131376
electronically under rules adopted under this section may apply to	131377
the commissioner, on a form prescribed by the commissioner, to be	131378
excused from that requirement. For good cause shown, the	131379
commissioner may excuse the applicant from the requirement and	131380
permit the applicant to file the returns or reports or make the	131381
payments required under this section by nonelectronic means.	131382

Sec. 5703.19. (A) To carry out the purposes of the laws that	131383
the tax commissioner is required to administer, the commissioner	131384
or any person employed by the commissioner for that purpose, upon	131385
demand, may inspect books, accounts, records, and memoranda of any	131386
person or public utility subject to those laws, and may examine	131387
under oath any officer, agent, or employee of that person or	131388
public utility. Any person other than the commissioner who makes a	131389
demand pursuant to this section shall produce the person's	131390
authority to make the inspection.	131391

(B) If a person or public utility receives at least ten days'	131392
written notice of a demand made under division (A) of this section	131393
and refuses to comply with that demand, a penalty of five hundred	131394
dollars shall be imposed upon the person or public utility for	131395
each day the person or public utility refuses to comply with the	131396
demand. Penalties imposed under this division may be assessed and	131397
collected in the same manner as assessments made under Chapter	131398
3769., 4305., 5727., 5728., 5733., 5735., 5736., 5739., 5743.,	131399
5745., 5747., 5749., 5751., or 5753., or sections 3734.90 to	131400
3734.9014, of the Revised Code.	131401

Sec. 5703.21. (A) Except as provided in divisions (B) and	131402
(C) of this section, no agent of the department of taxation,	131403
except in the agent's report to the department or when called on	131404
to testify in any court or proceeding, shall divulge any	131405
information acquired by the agent as to the transactions,	131406
property, or business of any person while acting or claiming to	131407
act under orders of the department. Whoever violates this	131408
provision shall thereafter be disqualified from acting as an	131409
officer or employee or in any other capacity under appointment or	131410
employment of the department.	131411

(B)(1) For purposes of an audit pursuant to section 117.15 of	131412
the Revised Code, or an audit of the department pursuant to	131413
Chapter 117. of the Revised Code, or an audit, pursuant to that	131414
chapter, the objective of which is to express an opinion on a	131415
financial report or statement prepared or issued pursuant to	131416
division (A)(7) or (9) of section 126.21 of the Revised Code, the	131417
officers and employees of the auditor of state charged with	131418
conducting the audit shall have access to and the right to examine	131419
any state tax returns and state tax return information in the	131420
possession of the department to the extent that the access and	131421
examination are necessary for purposes of the audit. Any	131422
information acquired as the result of that access and examination	131423
shall not be divulged for any purpose other than as required for	131424
the audit or unless the officers and employees are required to	131425
testify in a court or proceeding under compulsion of legal	131426
process. Whoever violates this provision shall thereafter be	131427
disqualified from acting as an officer or employee or in any other	131428
capacity under appointment or employment of the auditor of state.	131429

(2) For purposes of an internal audit pursuant to section	131430
126.45 of the Revised Code, the officers and employees of the	131431
office of internal ~~auditing~~audit in the office of budget and	131432
management charged with ~~conducting~~directing the internal audit	131433
shall have access to and the right to examine any state tax	131434
returns and state tax return information in the possession of the	131435
department to the extent that the access and examination are	131436
necessary for purposes of the internal audit. Any information	131437
acquired as the result of that access and examination shall not be	131438
divulged for any purpose other than as required for the internal	131439
audit or unless the officers and employees are required to testify	131440
in a court or proceeding under compulsion of legal process.	131441
Whoever violates this provision shall thereafter be disqualified	131442
from acting as an officer or employee or in any other capacity	131443
under appointment or employment of the office of internal ~~auditing~~	131444
audit.	131445

(3) As provided by section 6103(d)(2) of the Internal Revenue	131446
Code, any federal tax returns or federal tax information that the	131447
department has acquired from the internal revenue service, through	131448
federal and state statutory authority, may be disclosed to the	131449
auditor of state or the office of internal ~~auditing~~audit solely	131450
for purposes of an audit of the department.	131451

(4) For purposes of Chapter 3739. of the Revised Code, an	131452
agent of the department of taxation may share information with the	131453
division of state fire marshal that the agent finds during the	131454
course of an investigation.	131455

(C) Division (A) of this section does not prohibit any of the	131456
following:	131457

(1) Divulging information contained in applications,	131458
complaints, and related documents filed with the department under	131459
section 5715.27 of the Revised Code or in applications filed with	131460
the department under section 5715.39 of the Revised Code;	131461

(2) Providing information to the office of child support	131462
within the department of job and family services pursuant to	131463
section 3125.43 of the Revised Code;	131464

(3) Disclosing to the motor vehicle repair board any	131465
information in the possession of the department that is necessary	131466
for the board to verify the existence of an applicant's valid	131467
vendor's license and current state tax identification number under	131468
section 4775.07 of the Revised Code;	131469

(4) Providing information to the administrator of workers'	131470
compensation pursuant to sections 4123.271 and 4123.591 of the	131471
Revised Code;	131472

(5) Providing to the attorney general information the	131473
department obtains under division (J) of section 1346.01 of the	131474
Revised Code;	131475

(6) Permitting properly authorized officers, employees, or	131476
agents of a municipal corporation from inspecting reports or	131477
information pursuant to rules adopted under section 5745.16 of the	131478
Revised Code;	131479

(7) Providing information regarding the name, account number,	131480
or business address of a holder of a vendor's license issued	131481
pursuant to section 5739.17 of the Revised Code, a holder of a	131482
direct payment permit issued pursuant to section 5739.031 of the	131483
Revised Code, or a seller having a use tax account maintained	131484
pursuant to section 5741.17 of the Revised Code, or information	131485
regarding the active or inactive status of a vendor's license,	131486
direct payment permit, or seller's use tax account;	131487

(8) Releasing invoices or invoice information furnished under	131488
section 4301.433 of the Revised Code pursuant to that section;	131489

(9) Providing to a county auditor notices or documents	131490
concerning or affecting the taxable value of property in the	131491
county auditor's county. Unless authorized by law to disclose	131492
documents so provided, the county auditor shall not disclose such	131493
documents;	131494

(10) Providing to a county auditor sales or use tax return or	131495
audit information under section 333.06 of the Revised Code;	131496

(11) Subject to section 4301.441 of the Revised Code,	131497
disclosing to the appropriate state agency information in the	131498
possession of the department of taxation that is necessary to	131499
verify a permit holder's gallonage or noncompliance with taxes	131500
levied under Chapter 4301. or 4305. of the Revised Code;	131501

(12) Disclosing to the department of natural resources	131502
information in the possession of the department of taxation that	131503
is necessary for the department of taxation to verify the	131504
taxpayer's compliance with ~~division (A)(1), (5), (6), (8), or (9)~~	131505
of section 5749.02 of the Revised Code ~~and information received~~	131506
~~pursuant to section 1509.50 of the Revised Code concerning the~~	131507
~~amount due under that section~~or to allow the department of	131508
natural resources to enforce Chapter 1509. of the Revised Code;	131509

(13) Disclosing to the department of job and family services,	131510
industrial commission, and bureau of workers' compensation	131511
information in the possession of the department of taxation solely	131512
for the purpose of identifying employers that misclassify	131513
employees as independent contractors or that fail to properly	131514
report and pay employer tax liabilities. The department of	131515
taxation shall disclose only such information that is necessary to	131516
verify employer compliance with law administered by those	131517
agencies.	131518

(14) Disclosing to the Ohio casino control commission	131519
information in the possession of the department of taxation that	131520
is necessary to verify a casino operator's compliance with section	131521
5747.063 or 5753.02 of the Revised Code and sections related	131522
thereto;	131523

(15) Disclosing to the state lottery commission information	131524
in the possession of the department of taxation that is necessary	131525
to verify a lottery sales agent's compliance with section 5747.064	131526
of the Revised Code.	131527

Sec. 5703.37. (A)(1) Except as provided in division (B) of	131528
this section, whenever service of a notice or order is required in	131529
the manner provided in this section, a copy of the notice or order	131530
shall be served upon the person affected thereby either by	131531
personal service, by certified mail, or by a delivery service	131532
authorized under section 5703.056 of the Revised Code that	131533
notifies the tax commissioner of the date of delivery.	131534

(2) In lieu of serving a copy of a notice or order through	131535
one of the means provided in division (A)(1) of this section, the	131536
commissioner may serve a notice or order upon the person affected	131537
thereby through alternative means as provided in this section,	131538
including, but not limited to, delivery by secure electronic mail	131539
as provided in division (F) of this section. Delivery by such	131540
means satisfies the requirements for delivery under this section.	131541

(B)(1)(a) If certified mail is returned because of an	131542
undeliverable address, the commissioner shall first utilize	131543
reasonable means to ascertain a new last known address, including	131544
the use of a change of address service offered by the United	131545
States postal service or an authorized delivery service under	131546
section 5703.056 of the Revised Code. If, after using reasonable	131547
means, the commissioner is unable to ascertain a new last known	131548
address, the assessment is final for purposes of section 131.02 of	131549
the Revised Code sixty days after the notice or order sent by	131550
certified mail is first returned to the commissioner, and the	131551
commissioner shall certify the notice or order, if applicable, to	131552
the attorney general for collection under section 131.02 of the	131553
Revised Code.	131554

(b) Notwithstanding certification to the attorney general	131555
under division (B)(1)(a) of this section, once the commissioner or	131556
attorney general, or the designee of either, makes an initial	131557
contact with the person to whom the notice or order is directed,	131558
the person may protest an assessment by filing a petition for	131559
reassessment within sixty days after the initial contact. The	131560
certification of an assessment under division (B)(1)(a) of this	131561
section is prima-facie evidence that delivery is complete and that	131562
the notice or order is served.	131563

(2) If mailing of a notice or order by certified mail is	131564
returned for some cause other than an undeliverable address or if	131565
a person does not access an electronic notice or order within the	131566
time provided in division (F) of this section, the commissioner	131567
shall resend the notice or order by ordinary mail. The notice or	131568
order shall show the date the commissioner sends the notice or	131569
order and include the following statement:	131570

"This notice or order is deemed to be served on the addressee	131571
under applicable law ten days from the date this notice or order	131572
was mailed by the commissioner as shown on the notice or order,	131573
and all periods within which an appeal may be filed apply from and	131574
after that date."	131575

Unless the mailing is returned because of an undeliverable	131576
address, the mailing of that information is prima-facie evidence	131577
that delivery of the notice or order was completed ten days after	131578
the commissioner sent the notice or order by ordinary mail and	131579
that the notice or order was served.	131580

If the ordinary mail is subsequently returned because of an	131581
undeliverable address, the commissioner shall proceed under	131582
division (B)(1)(a) of this section. A person may challenge the	131583
presumption of delivery and service under this division in	131584
accordance with division (C) of this section.	131585

(C)(1) A person disputing the presumption of delivery and	131586
service under division (B) of this section bears the burden of	131587
proving by a preponderance of the evidence that the address to	131588
which the notice or order was sent was not an address with which	131589
the person was associated at the time the commissioner originally	131590
mailed the notice or order by certified mail. For the purposes of	131591
this section, a person is associated with an address at the time	131592
the commissioner originally mailed the notice or order if, at that	131593
time, the person was residing, receiving legal documents, or	131594
conducting business at the address; or if, before that time, the	131595
person had conducted business at the address and, when the notice	131596
or order was mailed, the person's agent or the person's affiliate	131597
was conducting business at the address. For the purposes of this	131598
section, a person's affiliate is any other person that, at the	131599
time the notice or order was mailed, owned or controlled at least	131600
twenty per cent, as determined by voting rights, of the	131601
addressee's business.	131602

(2) If the person elects to protest an assessment certified	131603
to the attorney general for collection, the person must do so	131604
within sixty days after the attorney general's initial contact	131605
with the person. The attorney general may enter into a compromise	131606
with the person under sections 131.02 and 5703.06 of the Revised	131607
Code if the person does not file a petition for reassessment with	131608
the commissioner.	131609

(D) Nothing in this section prohibits the commissioner or the	131610
commissioner's designee from delivering a notice or order by	131611
personal service.	131612

(E) Collection actions taken pursuant to section 131.02 of	131613
the Revised Code upon any assessment being challenged under	131614
division (B)(1)(b) of this section shall be stayed upon the	131615
pendency of an appeal under this section. If a petition for	131616
reassessment is filed pursuant to this section on a claim that has	131617
been certified to the attorney general for collection, the claim	131618
shall be uncertified.	131619

(F) The commissioner may serve a notice or order upon the	131620
person affected by the notice or order through secure electronic	131621
means only with the person's consent. The commissioner must inform	131622
the recipient, electronically or by mail, that a notice or order	131623
is available for electronic review and provide instructions to	131624
access and print the notice or order. The recipient's electronic	131625
access of the notice or order satisfies the requirements for	131626
delivery under this section. If the recipient fails to access the	131627
notice or order electronically within ten business days, then the	131628
commissioner shall inform the recipient a second time,	131629
electronically or by mail, that a notice or order is available for	131630
electronic review and provide instructions to access and print the	131631
notice or order. If the recipient fails to access the notice or	131632
order electronically within ten business days of the second	131633
notification, the notice or order shall be served upon the person	131634
through ~~one of~~ the means provided in division ~~(A)(1)~~(B)(2) of this	131635
section.	131636

(G) As used in this section:

131637

(1) "Last known address" means the address the department has	131638
at the time the document is originally sent by certified mail, or	131639
any address the department can ascertain using reasonable means	131640
such as the use of a change of address service offered by the	131641
United States postal service or an authorized delivery service	131642
under section 5703.056 of the Revised Code.	131643

(2) "Undeliverable address" means an address to which the	131644
United States postal service or an authorized delivery service	131645
under section 5703.056 of the Revised Code is not able to deliver	131646
a notice or order, except when the reason for nondelivery is	131647
because the addressee fails to acknowledge or accept the notice or	131648
order.	131649

Sec. 5703.50. As used in sections 5703.50 to 5703.53 of the	131650
Revised Code:	131651

(A) "Tax" includes only those taxes imposed on tangible	131652
personal property listed in accordance with Chapter 5711. of the	131653
Revised Code and taxes imposed under Chapters 5733., 5736., 5739.,	131654
5741., 5747., and 5751. of the Revised Code.	131655

(B) "Taxpayer" means a person subject to or potentially	131656
subject to a tax including an employer required to deduct and	131657
withhold any amount under section 5747.06 of the Revised Code.	131658

(C) "Audit" means the examination of a taxpayer or the	131659
inspection of the books, records, memoranda, or accounts of a	131660
taxpayer for the purpose of determining liability for a tax.	131661

(D) "Assessment" means a notice of underpayment or nonpayment	131662
of a tax issued pursuant to section 5711.26, 5711.32, 5733.11,	131663
5736.09, 5739.13, 5741.11, 5741.13, 5747.13, or 5751.09 of the	131664
Revised Code.	131665

(E) "County auditor" means the auditor of the county in which	131666
the tangible personal property subject to a tax is located.	131667

Sec. 5703.70. (A) On the filing of an application for refund	131668
under section 3734.905, 4307.05, 4307.07, 5726.30, 5727.28,	131669
5727.91, 5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141,	131670
5735.142, 5735.18, 5736.08, 5739.07, 5739.071, 5739.104, 5741.10,	131671
5743.05, 5743.53, 5749.08, 5751.08, or 5753.06 of the Revised	131672
Code, or an application for compensation under section 5739.061 of	131673
the Revised Code, if the tax commissioner determines that the	131674
amount of the refund or compensation to which the applicant is	131675
entitled is less than the amount claimed in the application, the	131676
commissioner shall give the applicant written notice by ordinary	131677
mail of the amount. The notice shall be sent to the address shown	131678
on the application unless the applicant notifies the commissioner	131679
of a different address. The applicant shall have sixty days from	131680
the date the commissioner mails the notice to provide additional	131681
information to the commissioner or request a hearing, or both.	131682

(B) If the applicant neither requests a hearing nor provides	131683
additional information to the tax commissioner within the time	131684
prescribed by division (A) of this section, the commissioner shall	131685
take no further action, and the refund or compensation amount	131686
denied becomes final.	131687

(C)(1) If the applicant requests a hearing within the time	131688
prescribed by division (A) of this section, the tax commissioner	131689
shall assign a time and place for the hearing and notify the	131690
applicant of such time and place, but the commissioner may	131691
continue the hearing from time to time as necessary. After the	131692
hearing, the commissioner may make such adjustments to the refund	131693
or compensation as the commissioner finds proper, and shall issue	131694
a final determination thereon.	131695

(2) If the applicant does not request a hearing, but provides	131696
additional information, within the time prescribed by division (A)	131697
of this section, the commissioner shall review the information,	131698
make such adjustments to the refund or compensation as the	131699
commissioner finds proper, and issue a final determination	131700
thereon.	131701

(3) The commissioner shall serve a copy of the final	131702
determination made under division (C)(1) or (2) of this section on	131703
the applicant in the manner provided in section 5703.37 of the	131704
Revised Code, and the decision is final, subject to appeal under	131705
section 5717.02 of the Revised Code.	131706

(D) The tax commissioner shall certify to the director of	131707
budget and management and treasurer of state for payment from the	131708
tax refund fund created by section 5703.052 of the Revised Code,	131709
the amount of the refund to be refunded under division (B) or (C)	131710
of this section. The commissioner also shall certify to the	131711
director and treasurer of state for payment from the general	131712
revenue fund the amount of compensation to be paid under division	131713
(B) or (C) of this section.	131714

Sec. 5703.75. This section applies to any tax payable to the	131715
state and administered by the tax commissioner. If the total	131716
amount of any such tax shown to be due on a return, amended	131717
return, or notice does not exceed one dollar, the taxpayer shall	131718
not be required to remit the amount due. If the total amount of a	131719
taxpayer's overpayment of any such tax does not exceed one dollar,	131720
the tax commissioner shall not be required to refund the	131721
overpayment.	131722

Sec. 5703.76. Any payment or distribution of money that the	131723
tax commissioner is required by law to make to a political	131724
subdivision of this state, an officer thereof, or a political	131725
party shall be made by electronic funds transfer. The commissioner	131726
shall promulgate any rules necessary to administer this section.	131727

Sec. 5703.82. ~~(A)~~ Not later than April 1, 2009, the	131728
department of taxation shall acquire the necessary hardware,	131729
software, and services to establish and implement a tax discovery	131730
data system to increase the efficiency of tax collections in the	131731
state. The system must be fully integrated and pre-staged for the	131732
purposes of assisting in revenue analysis, discovering	131733
noncompliant taxpayers, and collecting taxes from those taxpayers.	131734
The system shall consolidate tax data from various mainframe	131735
systems and operate as a single tax discovery data system. The	131736
department shall contract, pursuant to a competitive bidding	131737
process, for the necessary hardware, software, and services to	131738
implement the tax discovery data system.	131739

~~(B) There is hereby created in the state treasury the~~	131740
~~discovery project fund. All money to the credit of the fund shall~~	131741
~~be used to pay the costs of implementing and operating the tax~~	131742
~~discovery data system and to defray the costs incurred by the~~	131743
~~department of taxation in administering the system.~~	131744

~~(C) Beginning July 1, 2009, on or before the first day of~~	131745
~~January, April, July, and October of each calendar year, the tax~~	131746
~~commissioner shall determine and certify to the director of budget~~	131747
~~and management the amount needed to pay the costs of operating the~~	131748
~~tax discovery data system in the previous calendar quarter and the~~	131749
~~costs incurred in the previous calendar quarter by the department~~	131750
~~of taxation in administering the system. The director shall~~	131751
~~provide for payment from the general revenue fund to the discovery~~	131752
~~project fund of the amount so certified.~~	131753

Sec. 5703.90. If any tax administered by the tax	131754
commissioner remains unpaid after the date the tax is due, the	131755
commissioner may issue an assessment for the unpaid tax, and for	131756
any related penalties and interest, against any person liable for	131757
the amount due, including, but not limited to, a person that is	131758
jointly and severally liable for the amount under Chapter 5726. or	131759
5751. of the Revised Code, a partner liable for the tax liability	131760
of a partnership, a director liable for the tax liability of a	131761
dissolved corporation, or any other person liable for the tax	131762
liability of another person under the Revised Code. The	131763
commissioner shall issue the assessment in accordance with any	131764
other provision of the Revised Code applicable to assessments for	131765
the tax for which the person to be assessed is liable.	131766

Sec. 5703.91. (A) If any corporation, wherever organized,	131767
that is required by law to file any report or return or to pay any	131768
tax or fee as a corporation organized under the laws of the state	131769
for profit, or as a foreign corporation for profit doing business	131770
in this state or owning or issuing a part or all of its capital or	131771
property in this state, fails to file the required report or	131772
return or to pay the required tax or fee for ninety days after the	131773
time prescribed by law for filing or payment, the tax commissioner	131774
shall certify the failure with the secretary of state.	131775

(B) The secretary of state, after receiving certification of	131776
a corporation's failure to file a report or return or to pay a tax	131777
or fee as described in division (A) of this section, shall do one	131778
of the following:	131779

(1) Cancel, by appropriate entry, the articles of	131780
incorporation of the corporation upon the margin of the relevant	131781
record;	131782

(2) If the corporation is a foreign corporation, cancel, by	131783
proper entry, the certificate of authority to do business in this	131784
state of the foreign corporation.	131785

Subject to section 1701.88 of the Revised Code, upon	131786
cancellation, all the powers, privileges, and franchises conferred	131787
on the corporation by articles of incorporation or a certificate	131788
of authority shall cease.	131789

(C) The secretary of state, upon canceling articles of	131790
incorporation or a certificate of authority pursuant to division	131791
(B) of this section, shall immediately notify the affected	131792
corporation of the cancellation action and shall forward for	131793
filing a certificate of the action to the county recorder of the	131794
county in which the corporation's principal place of business in	131795
this state is located. No filing fee shall be charged for the	131796
filing.	131797

Sec. 5703.92. No person shall exercise or attempt to exercise	131798
any powers, privileges, or franchises under the articles of	131799
incorporation or certificate of authority of a corporation after	131800
the articles or certificate has been canceled as provided in	131801
section 5703.91 of the Revised Code. A penalty of one hundred	131802
dollars shall be imposed for each day a violation of this section	131803
occurs, up to a maximum of five thousand dollars.	131804

Sec. 5703.93. (A)(1) Any corporation whose articles of	131805
incorporation or license certificate to do or transact business in	131806
this state has been canceled by the secretary of state pursuant to	131807
section 5703.91 of the Revised Code shall be reinstated and	131808
entitled to exercise its rights, privileges, and franchises in	131809
this state, and the secretary of state shall cancel the entry of	131810
cancellation to exercise its rights, privileges, and franchises,	131811
upon compliance with all of the following:	131812

(a) Payment to the secretary of state of any additional	131813
required fees and penalties;	131814

(b) Filing with the secretary of state a certificate from the	131815
tax commissioner affirming that the corporation has complied with	131816
all the requirements of the tax law as to all the taxes	131817
administered by the commissioner and has paid all taxes, fees, or	131818
penalties due for every year of delinquency;	131819

(c) Payment to the secretary of state of an additional fee of	131820
twenty-five dollars.	131821

(2) The secretary of state shall require, as a condition	131822
prerequisite to reinstatement, an applicant to amend its articles	131823
by changing its name if both of the following apply:	131824

(a) The reinstatement is not made within one year from the	131825
date of the cancellation of its articles of incorporation or date	131826
of cancellation of its license to do business.	131827

(b) It appears that the applicant's name is not	131828
distinguishable upon the record as required by section 1701.05 of	131829
the Revised Code.	131830

(3) A certificate of reinstatement may be filed in the	131831
recorder's office of any county in the state. The recorder shall	131832
charge and collect a base fee of three dollars for services and a	131833
low- and moderate-income housing trust fund fee of three dollars	131834
in accordance with section 317.36 of the Revised Code.	131835

(4) Any officer, shareholder, creditor, or receiver of any	131836
corporation described in divisions (A)(1) and (2) of this section	131837
may at any time take all steps required by this section to effect	131838
such reinstatement.	131839

(B) Except as otherwise provided in this section, the rights,	131840
privileges, and franchises of a corporation whose articles of	131841
incorporation have been reinstated in accordance with this section	131842
are subject to section 1701.922 of the Revised Code.	131843

(C) Notwithstanding a violation of section 5703.92 of the	131844
Revised Code, upon reinstatement of a corporation's articles of	131845
incorporation in accordance with this section, neither section	131846
5703.91 nor section 5703.92 of the Revised Code shall be applied	131847
to invalidate the exercise or attempt to exercise any right,	131848
privilege, or franchise on behalf of the corporation by an	131849
officer, agent, or employee of the corporation after cancellation	131850
and prior to the reinstatement of the articles, if the conditions	131851
set forth in divisions (B)(1)(a) and (b) of section 1701.922 of	131852
the Revised Code are met.	131853

Sec. 5705.01. As used in this chapter:

131854

(A) "Subdivision" means any county; municipal corporation;	131855
township; township police district; joint police district;	131856
township fire district; joint fire district; joint ambulance	131857
district; joint emergency medical services district; fire and	131858
ambulance district; joint recreation district; township waste	131859
disposal district; township road district; community college	131860
district; technical college district; detention facility district;	131861
a district organized under section 2151.65 of the Revised Code; a	131862
combined district organized under sections 2152.41 and 2151.65 of	131863
the Revised Code; a joint-county alcohol, drug addiction, and	131864
mental health service district; a drainage improvement district	131865
created under section 6131.52 of the Revised Code; a lake	131866
facilities authority created under Chapter 353. of the Revised	131867
Code; a union cemetery district; a county school financing	131868
district; a city, local, exempted village, cooperative education,	131869
or joint vocational school district; or a regional student	131870
education district created under section 3313.83 of the Revised	131871
Code.	131872

(B) "Municipal corporation" means all municipal corporations,	131873
including those that have adopted a charter under Article XVIII,	131874
Ohio Constitution.	131875

(C) "Taxing authority" or "bond issuing authority" means, in	131876
the case of any county, the board of county commissioners; in the	131877
case of a municipal corporation, the council or other legislative	131878
authority of the municipal corporation; in the case of a city,	131879
local, exempted village, cooperative education, or joint	131880
vocational school district, the board of education; in the case of	131881
a community college district, the board of trustees of the	131882
district; in the case of a technical college district, the board	131883
of trustees of the district; in the case of a detention facility	131884
district, a district organized under section 2151.65 of the	131885
Revised Code, or a combined district organized under sections	131886
2152.41 and 2151.65 of the Revised Code, the joint board of county	131887
commissioners of the district; in the case of a township, the	131888
board of township trustees; in the case of a joint police	131889
district, the joint police district board; in the case of a joint	131890
fire district, the board of fire district trustees; in the case of	131891
a joint recreation district, the joint recreation district board	131892
of trustees; in the case of a joint-county alcohol, drug	131893
addiction, and mental health service district, the district's	131894
board of alcohol, drug addiction, and mental health services; in	131895
the case of a joint ambulance district or a fire and ambulance	131896
district, the board of trustees of the district; in the case of a	131897
union cemetery district, the legislative authority of the	131898
municipal corporation and the board of township trustees, acting	131899
jointly as described in section 759.341 of the Revised Code; in	131900
the case of a drainage improvement district, the board of county	131901
commissioners of the county in which the drainage district is	131902
located; in the case of a lake facilities authority, the board of	131903
directors; in the case of a joint emergency medical services	131904
district, the joint board of county commissioners of all counties	131905
in which all or any part of the district lies; and in the case of	131906
a township police district, a township fire district, a township	131907
road district, or a township waste disposal district, the board of	131908
township trustees of the township in which the district is	131909
located. "Taxing authority" also means the educational service	131910
center governing board that serves as the taxing authority of a	131911
county school financing district as provided in section 3311.50 of	131912
the Revised Code, and the board of directors of a regional student	131913
education district created under section 3313.83 of the Revised	131914
Code.	131915

(D) "Fiscal officer" in the case of a county, means the	131916
county auditor; in the case of a municipal corporation, the city	131917
auditor or village clerk, or an officer who, by virtue of the	131918
charter, has the duties and functions of the city auditor or	131919
village clerk, except that in the case of a municipal university	131920
the board of directors of which have assumed, in the manner	131921
provided by law, the custody and control of the funds of the	131922
university, the chief accounting officer of the university shall	131923
perform, with respect to the funds, the duties vested in the	131924
fiscal officer of the subdivision by sections 5705.41 and 5705.44	131925
of the Revised Code; in the case of a school district, the	131926
treasurer of the board of education; in the case of a county	131927
school financing district, the treasurer of the educational	131928
service center governing board that serves as the taxing	131929
authority; in the case of a township, the township fiscal officer;	131930
in the case of a joint police district, the treasurer of the	131931
district; in the case of a joint fire district, the clerk of the	131932
board of fire district trustees; in the case of a joint ambulance	131933
district, the clerk of the board of trustees of the district; in	131934
the case of a joint emergency medical services district, the	131935
person appointed as fiscal officer pursuant to division (D) of	131936
section 307.053 of the Revised Code; in the case of a fire and	131937
ambulance district, the person appointed as fiscal officer	131938
pursuant to division (B) of section 505.375 of the Revised Code;	131939
in the case of a joint recreation district, the person designated	131940
pursuant to section 755.15 of the Revised Code; in the case of a	131941
union cemetery district, the clerk of the municipal corporation	131942
designated in section 759.34 of the Revised Code; in the case of a	131943
children's home district, educational service center, general	131944
health district, joint-county alcohol, drug addiction, and mental	131945
health service district, county library district, detention	131946
facility district, district organized under section 2151.65 of the	131947
Revised Code, a combined district organized under sections 2152.41	131948
and 2151.65 of the Revised Code, or a metropolitan park district	131949
for which no treasurer has been appointed pursuant to section	131950
1545.07 of the Revised Code, the county auditor of the county	131951
designated by law to act as the auditor of the district; in the	131952
case of a metropolitan park district which has appointed a	131953
treasurer pursuant to section 1545.07 of the Revised Code, that	131954
treasurer; in the case of a drainage improvement district, the	131955
auditor of the county in which the drainage improvement district	131956
is located; in the case of a lake facilities authority, the fiscal	131957
officer designated under section 353.02 of the Revised Code; in	131958
the case of a regional student education district, the fiscal	131959
officer appointed pursuant to section 3313.83 of the Revised Code;	131960
and in all other cases, the officer responsible for keeping the	131961
appropriation accounts and drawing warrants for the expenditure of	131962
the moneys of the district or taxing unit.	131963

(E) "Permanent improvement" or "improvement" means any	131964
property, asset, or improvement with an estimated life or	131965
usefulness of five years or more, including land and interests	131966
therein, and reconstructions, enlargements, and extensions thereof	131967
having an estimated life or usefulness of five years or more.	131968

(F) "Current operating expenses" and "current expenses" mean	131969
the lawful expenditures of a subdivision, except those for	131970
permanent improvements, and except payments for interest, sinking	131971
fund, and retirement of bonds, notes, and certificates of	131972
indebtedness of the subdivision.	131973

(G) "Debt charges" means interest, sinking fund, and	131974
retirement charges on bonds, notes, or certificates of	131975
indebtedness.	131976

(H) "Taxing unit" means any subdivision or other governmental	131977
district having authority to levy taxes on the property in the	131978
district or issue bonds that constitute a charge against the	131979
property of the district, including conservancy districts,	131980
metropolitan park districts, sanitary districts, road districts,	131981
and other districts.	131982

(I) "District authority" means any board of directors,	131983
trustees, commissioners, or other officers controlling a district	131984
institution or activity that derives its income or funds from two	131985
or more subdivisions, such as the educational service center, the	131986
trustees of district children's homes, the district board of	131987
health, a joint-county alcohol, drug addiction, and mental health	131988
service district's board of alcohol, drug addiction, and mental	131989
health services, detention facility districts, a joint recreation	131990
district board of trustees, districts organized under section	131991
2151.65 of the Revised Code, combined districts organized under	131992
sections 2152.41 and 2151.65 of the Revised Code, and other such	131993
boards.	131994

(J) "Tax list" and "tax duplicate" mean the general tax lists	131995
and duplicates prescribed by sections 319.28 and 319.29 of the	131996
Revised Code.	131997

(K) "Property" as applied to a tax levy means taxable	131998
property listed on general tax lists and duplicates.	131999

(L) "Association library district" means a territory, the	132000
boundaries of which are defined by the state library board	132001
pursuant to division (I) of section 3375.01 of the Revised Code,	132002
in which a library association or private corporation maintains a	132003
free public library.	132004

(M) "Library district" means a territory, the boundaries of	132005
which are defined by the state library board pursuant to section	132006
3375.01 of the Revised Code, in which the board of trustees of a	132007
county, municipal corporation, school district, or township public	132008
library maintains a free public library.	132009

(N) "Qualifying library levy" means either of the following:

132010

(1) A levy for the support of a library association or	132011
private corporation that has an association library district with	132012
boundaries that are not identical to those of a subdivision;	132013

(2) A levy proposed under section 5705.23 of the Revised Code	132014
for the support of the board of trustees of a public library that	132015
has a library district with boundaries that are not identical to	132016
those of a subdivision.	132017

(O) "School library district" means a school district in	132018
which a free public library has been established that is under the	132019
control and management of a board of library trustees as provided	132020
in section 3375.15 of the Revised Code.	132021

Sec. 5705.10. (A) All revenue derived from the general levy	132022
for current expense within the ten-mill limitation, from any	132023
general levy for current expense authorized by vote in excess of	132024
the ten-mill limitation, and from sources other than the general	132025
property tax, unless its use for a particular purpose is	132026
prescribed by law, shall be paid into the general fund.	132027

(B) All revenue derived from general or special levies for	132028
debt charges, whether within or in excess of the ten-mill	132029
limitation, which is levied for the debt charges on serial bonds,	132030
notes, or certificates of indebtedness having a life less than	132031
five years, shall be paid into the bond retirement fund; and all	132032
such revenue which is levied for the debt charges on all other	132033
bonds, notes, or certificates of indebtedness shall be paid into	132034
the sinking fund.	132035

(C) All revenue derived from a special levy shall be credited	132036
to a special fund for the purpose for which the levy was made.	132037

(D) Except as otherwise provided by resolution adopted	132038
pursuant to section 3315.01 of the Revised Code, all revenue	132039
derived from a source other than the general property tax and	132040
which the law prescribes shall be used for a particular purpose,	132041
shall be paid into a special fund for such purpose. Except as	132042
otherwise provided by resolution adopted pursuant to section	132043
3315.01 of the Revised Code or as otherwise provided by section	132044
3315.40 of the Revised Code, all revenue derived from a source	132045
other than the general property tax, for which the law does not	132046
prescribe use for a particular purpose, including interest earned	132047
on the principal of any special fund, regardless of the source or	132048
purpose of the principal, shall be paid into the general fund.	132049

(E) All proceeds from the sale of public obligations or	132050
fractionalized interests in public obligations as defined in	132051
section 133.01 of the Revised Code, except premium and accrued	132052
interest, shall be paid into a special fund for the purpose of	132053
such issue, and any interest and other income earned on money in	132054
such special fund may be used for the purposes for which the	132055
indebtedness was authorized or may be credited to the general fund	132056
or other fund or account as the taxing authority authorizes and	132057
used for the purposes of that fund or account. The premium and	132058
accrued interest received from such sale shall be paid into the	132059
sinking fund or the bond retirement fund of the subdivision.	132060

(F) Except as provided in ~~division~~divisions (G) and (H) of	132061
this section, if a permanent improvement of the subdivision is	132062
sold, the amount received from the sale shall be paid into the	132063
sinking fund, the bond retirement fund, or a special fund for the	132064
construction or acquisition of permanent improvements; provided	132065
that the proceeds from the sale of a public utility shall be paid	132066
into the sinking fund or bond retirement fund to the extent	132067
necessary to provide for the retirement of the outstanding	132068
indebtedness incurred in the construction or acquisition of such	132069
utility. Proceeds from the sale of property other than a permanent	132070
improvement shall be paid into the fund from which such property	132071
was acquired or is maintained or, if there is no such fund, into	132072
the general fund.	132073

(G) A township that has a population greater than fifteen	132074
thousand according to the most recent federal decennial census and	132075
that has declared one or more improvements in the township to be a	132076
public purpose under section 5709.73 of the Revised Code may pay	132077
proceeds from the sale of a permanent improvement of the township	132078
into its general fund if both of the following conditions are	132079
satisfied:	132080

(1) The township fiscal officer determines that all	132081
foreseeable public infrastructure improvements, as defined in	132082
section 5709.40 of the Revised Code, to be made in the township in	132083
the ten years immediately following the date the permanent	132084
improvement is sold will have been financed through resolutions	132085
adopted under section 5709.73 of the Revised Code on or before the	132086
date of the sale. The fiscal officer shall provide written	132087
certification of this determination for the township's records.	132088

(2) The permanent improvement being sold was financed	132089
entirely from moneys in the township's general fund.	132090

(H) If a board of education of a school district disposes of	132091
real property under section 3313.41 of the Revised Code, the	132092
proceeds received from the sale shall be used to retire any debt	132093
that was incurred by the district with respect to that real	132094
property. Proceeds in excess of the funds necessary to retire that	132095
debt may be paid into the school district's capital and	132096
maintenance fund and used only to pay for the costs of	132097
nonoperating capital expenses related to technology infrastructure	132098
and equipment to be used for instruction and assessment.	132099

(I) Money paid into any fund shall be used only for the	132100
purposes for which such fund is established.	132101

Sec. 5705.19. This section does not apply to school	132102
districts or, county school financing districts, or lake	132103
facilities authorities.	132104

The taxing authority of any subdivision at any time and in	132105
any year, by vote of two-thirds of all the members of the taxing	132106
authority, may declare by resolution and certify the resolution to	132107
the board of elections not less than ninety days before the	132108
election upon which it will be voted that the amount of taxes that	132109
may be raised within the ten-mill limitation will be insufficient	132110
to provide for the necessary requirements of the subdivision and	132111
that it is necessary to levy a tax in excess of that limitation	132112
for any of the following purposes:	132113

(A) For current expenses of the subdivision, except that the	132114
total levy for current expenses of a detention facility district	132115
or district organized under section 2151.65 of the Revised Code	132116
shall not exceed two mills and that the total levy for current	132117
expenses of a combined district organized under sections 2151.65	132118
and 2152.41 of the Revised Code shall not exceed four mills;	132119

(B) For the payment of debt charges on certain described	132120
bonds, notes, or certificates of indebtedness of the subdivision	132121
issued subsequent to January 1, 1925;	132122

(C) For the debt charges on all bonds, notes, and	132123
certificates of indebtedness issued and authorized to be issued	132124
prior to January 1, 1925;	132125

(D) For a public library of, or supported by, the subdivision	132126
under whatever law organized or authorized to be supported;	132127

(E) For a municipal university, not to exceed two mills over	132128
the limitation of one mill prescribed in section 3349.13 of the	132129
Revised Code;	132130

(F) For the construction or acquisition of any specific	132131
permanent improvement or class of improvements that the taxing	132132
authority of the subdivision may include in a single bond issue;	132133

(G) For the general construction, reconstruction,	132134
resurfacing, and repair of streets, roads, and bridges in	132135
municipal corporations, counties, or townships;	132136

(H) For parks and recreational purposes;

132137

(I) For the purpose of providing and maintaining fire	132138
apparatus, appliances, buildings, or sites therefor, or sources of	132139
water supply and materials therefor, or the establishment and	132140
maintenance of lines of fire alarm telegraph, or the payment of	132141
firefighting companies or permanent, part-time, or volunteer	132142
firefighting, emergency medical service, administrative, or	132143
communications personnel to operate the same, including the	132144
payment of any employer contributions required for such personnel	132145
under section 145.48 or 742.34 of the Revised Code, or the	132146
purchase of ambulance equipment, or the provision of ambulance,	132147
paramedic, or other emergency medical services operated by a fire	132148
department or firefighting company;	132149

(J) For the purpose of providing and maintaining motor	132150
vehicles, communications, other equipment, buildings, and sites	132151
for such buildings used directly in the operation of a police	132152
department, or the payment of salaries of permanent or part-time	132153
police, communications, or administrative personnel to operate the	132154
same, including the payment of any employer contributions required	132155
for such personnel under section 145.48 or 742.33 of the Revised	132156
Code, or the payment of the costs incurred by townships as a	132157
result of contracts made with other political subdivisions in	132158
order to obtain police protection, or the provision of ambulance	132159
or emergency medical services operated by a police department;	132160

(K) For the maintenance and operation of a county home or	132161
detention facility;	132162

(L) For community mental retardation and developmental	132163
disabilities programs and services pursuant to Chapter 5126. of	132164
the Revised Code, except that the procedure for such levies shall	132165
be as provided in section 5705.222 of the Revised Code;	132166

(M) For regional planning;

132167

(N) For a county's share of the cost of maintaining and	132168
operating schools, district detention facilities, forestry camps,	132169
or other facilities, or any combination thereof, established under	132170
section 2151.65 or 2152.41 of the Revised Code or both of those	132171
sections;	132172

(O) For providing for flood defense, providing and	132173
maintaining a flood wall or pumps, and other purposes to prevent	132174
floods;	132175

(P) For maintaining and operating sewage disposal plants and	132176
facilities;	132177

(Q) For the purpose of purchasing, acquiring, constructing,	132178
enlarging, improving, equipping, repairing, maintaining, or	132179
operating, or any combination of the foregoing, a county transit	132180
system pursuant to sections 306.01 to 306.13 of the Revised Code,	132181
or of making any payment to a board of county commissioners	132182
operating a transit system or a county transit board pursuant to	132183
section 306.06 of the Revised Code;	132184

(R) For the subdivision's share of the cost of acquiring or	132185
constructing any schools, forestry camps, detention facilities, or	132186
other facilities, or any combination thereof, under section	132187
2151.65 or 2152.41 of the Revised Code or both of those sections;	132188

(S) For the prevention, control, and abatement of air	132189
pollution;	132190

(T) For maintaining and operating cemeteries;

132191

(U) For providing ambulance service, emergency medical	132192
service, or both;	132193

(V) For providing for the collection and disposal of garbage	132194
or refuse, including yard waste;	132195

(W) For the payment of the police officer employers'	132196
contribution or the firefighter employers' contribution required	132197
under sections 742.33 and 742.34 of the Revised Code;	132198

(X) For the construction and maintenance of a drainage	132199
improvement pursuant to section 6131.52 of the Revised Code;	132200

(Y) For providing or maintaining senior citizens services or	132201
facilities as authorized by section 307.694, 307.85, 505.70, or	132202
505.706 or division (EE) of section 717.01 of the Revised Code;	132203

(Z) For the provision and maintenance of zoological park	132204
services and facilities as authorized under section 307.76 of the	132205
Revised Code;	132206

(AA) For the maintenance and operation of a free public	132207
museum of art, science, or history;	132208

(BB) For the establishment and operation of a 9-1-1 system,	132209
as defined in section ~~5507.01~~128.01 of the Revised Code;	132210

(CC) For the purpose of acquiring, rehabilitating, or	132211
developing rail property or rail service. As used in this	132212
division, "rail property" and "rail service" have the same	132213
meanings as in section 4981.01 of the Revised Code. This division	132214
applies only to a county, township, or municipal corporation.	132215

(DD) For the purpose of acquiring property for, constructing,	132216
operating, and maintaining community centers as provided for in	132217
section 755.16 of the Revised Code;	132218

(EE) For the creation and operation of an office or joint	132219
office of economic development, for any economic development	132220
purpose of the office, and to otherwise provide for the	132221
establishment and operation of a program of economic development	132222
pursuant to sections 307.07 and 307.64 of the Revised Code, or to	132223
the extent that the expenses of a county land reutilization	132224
corporation organized under Chapter 1724. of the Revised Code are	132225
found by the board of county commissioners to constitute the	132226
promotion of economic development, for the payment of such	132227
operations and expenses;	132228

(FF) For the purpose of acquiring, establishing,	132229
constructing, improving, equipping, maintaining, or operating, or	132230
any combination of the foregoing, a township airport, landing	132231
field, or other air navigation facility pursuant to section 505.15	132232
of the Revised Code;	132233

(GG) For the payment of costs incurred by a township as a	132234
result of a contract made with a county pursuant to section	132235
505.263 of the Revised Code in order to pay all or any part of the	132236
cost of constructing, maintaining, repairing, or operating a water	132237
supply improvement;	132238

(HH) For a board of township trustees to acquire, other than	132239
by appropriation, an ownership interest in land, water, or	132240
wetlands, or to restore or maintain land, water, or wetlands in	132241
which the board has an ownership interest, not for purposes of	132242
recreation, but for the purposes of protecting and preserving the	132243
natural, scenic, open, or wooded condition of the land, water, or	132244
wetlands against modification or encroachment resulting from	132245
occupation, development, or other use, which may be styled as	132246
protecting or preserving "greenspace" in the resolution, notice of	132247
election, or ballot form. Except as otherwise provided in this	132248
division, land is not acquired for purposes of recreation, even if	132249
the land is used for recreational purposes, so long as no	132250
building, structure, or fixture used for recreational purposes is	132251
permanently attached or affixed to the land. Except as otherwise	132252
provided in this division, land that previously has been acquired	132253
in a township for these greenspace purposes may subsequently be	132254
used for recreational purposes if the board of township trustees	132255
adopts a resolution approving that use and no building, structure,	132256
or fixture used for recreational purposes is permanently attached	132257
or affixed to the land. The authorization to use greenspace land	132258
for recreational use does not apply to land located in a township	132259
that had a population, at the time it passed its first greenspace	132260
levy, of more than thirty-eight thousand within a county that had	132261
a population, at that time, of at least eight hundred sixty	132262
thousand.	132263

(II) For the support by a county of a crime victim assistance	132264
program that is provided and maintained by a county agency or a	132265
private, nonprofit corporation or association under section 307.62	132266
of the Revised Code;	132267

(JJ) For any or all of the purposes set forth in divisions	132268
(I) and (J) of this section. This division applies only to a	132269
township.	132270

(KK) For a countywide public safety communications system	132271
under section 307.63 of the Revised Code. This division applies	132272
only to counties.	132273

(LL) For the support by a county of criminal justice services	132274
under section 307.45 of the Revised Code;	132275

(MM) For the purpose of maintaining and operating a jail or	132276
other detention facility as defined in section 2921.01 of the	132277
Revised Code;	132278

(NN) For purchasing, maintaining, or improving, or any	132279
combination of the foregoing, real estate on which to hold, and	132280
the operating expenses of, agricultural fairs operated by a county	132281
agricultural society or independent agricultural society under	132282
Chapter 1711. of the Revised Code. This division applies only to a	132283
county.	132284

(OO) For constructing, rehabilitating, repairing, or	132285
maintaining sidewalks, walkways, trails, bicycle pathways, or	132286
similar improvements, or acquiring ownership interests in land	132287
necessary for the foregoing improvements;	132288

(PP) For both of the purposes set forth in divisions (G) and	132289
(OO) of this section.	132290

(QQ) For both of the purposes set forth in divisions (H) and	132291
(HH) of this section. This division applies only to a township.	132292

(RR) For the legislative authority of a municipal	132293
corporation, board of county commissioners of a county, or board	132294
of township trustees of a township to acquire agricultural	132295
easements, as defined in section 5301.67 of the Revised Code, and	132296
to supervise and enforce the easements.	132297

(SS) For both of the purposes set forth in divisions (BB) and	132298
(KK) of this section. This division applies only to a county.	132299

(TT) For the maintenance and operation of a facility that is	132300
organized in whole or in part to promote the sciences and natural	132301
history under section 307.761 of the Revised Code.	132302

(UU) For the creation and operation of a county land	132303
reutilization corporation and for any programs or activities of	132304
the corporation found by the board of directors of the corporation	132305
to be consistent with the purposes for which the corporation is	132306
organized;	132307

(VV) For construction and maintenance of improvements and	132308
expenses of soil and water conservation district programs under	132309
Chapter 1515. of the Revised Code;	132310

(WW) For the ~~Ohio cooperative~~OSU extension ~~service~~ fund	132311
created under section 3335.35 of the Revised Code for the purposes	132312
prescribed under section 3335.36 of the Revised Code for the	132313
benefit of the citizens of a county. This division applies only to	132314
a county.	132315

(XX) For a municipal corporation that withdraws or proposes	132316
by resolution to withdraw from a regional transit authority under	132317
section 306.55 of the Revised Code to provide transportation	132318
services for the movement of persons within, from, or to the	132319
municipal corporation;	132320

(YY) For any combination of the purposes specified in	132321
divisions (NN), (VV), and (WW) of this section. This division	132322
applies only to a county.	132323

The resolution shall be confined to the purpose or purposes	132324
described in one division of this section, to which the revenue	132325
derived therefrom shall be applied. The existence in any other	132326
division of this section of authority to levy a tax for any part	132327
or all of the same purpose or purposes does not preclude the use	132328
of such revenues for any part of the purpose or purposes of the	132329
division under which the resolution is adopted.	132330

The resolution shall specify the amount of the increase in	132331
rate that it is necessary to levy, the purpose of that increase in	132332
rate, and the number of years during which the increase in rate	132333
shall be in effect, which may or may not include a levy upon the	132334
duplicate of the current year. The number of years may be any	132335
number not exceeding five, except as follows:	132336

(1) When the additional rate is for the payment of debt	132337
charges, the increased rate shall be for the life of the	132338
indebtedness.	132339

(2) When the additional rate is for any of the following, the	132340
increased rate shall be for a continuing period of time:	132341

(a) For the current expenses for a detention facility	132342
district, a district organized under section 2151.65 of the	132343
Revised Code, or a combined district organized under sections	132344
2151.65 and 2152.41 of the Revised Code;	132345

(b) For providing a county's share of the cost of maintaining	132346
and operating schools, district detention facilities, forestry	132347
camps, or other facilities, or any combination thereof,	132348
established under section 2151.65 or 2152.41 of the Revised Code	132349
or under both of those sections.	132350

(3) When the additional rate is for either of the following,	132351
the increased rate may be for a continuing period of time:	132352

(a) For the purposes set forth in division (I), (J), (U), or	132353
(KK) of this section;	132354

(b) For the maintenance and operation of a joint recreation	132355
district.	132356

(4) When the increase is for the purpose or purposes set	132357
forth in division (D), (G), (H), (CC), or (PP) of this section,	132358
the tax levy may be for any specified number of years or for a	132359
continuing period of time, as set forth in the resolution.	132360

(5) When the additional rate is for the purpose described in	132361
division (Z) of this section, the increased rate shall be for any	132362
number of years not exceeding ten.	132363

A levy for one of the purposes set forth in division (G),	132364
(I), (J), or (U) of this section may be reduced pursuant to	132365
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	132366
the purposes set forth in division (G), (I), (J), or (U) of this	132367
section may also be terminated or permanently reduced by the	132368
taxing authority if it adopts a resolution stating that the	132369
continuance of the levy is unnecessary and the levy shall be	132370
terminated or that the millage is excessive and the levy shall be	132371
decreased by a designated amount.	132372

A resolution of a detention facility district, a district	132373
organized under section 2151.65 of the Revised Code, or a combined	132374
district organized under both sections 2151.65 and 2152.41 of the	132375
Revised Code may include both current expenses and other purposes,	132376
provided that the resolution shall apportion the annual rate of	132377
levy between the current expenses and the other purpose or	132378
purposes. The apportionment need not be the same for each year of	132379
the levy, but the respective portions of the rate actually levied	132380
each year for the current expenses and the other purpose or	132381
purposes shall be limited by the apportionment.	132382

Whenever a board of county commissioners, acting either as	132383
the taxing authority of its county or as the taxing authority of a	132384
sewer district or subdistrict created under Chapter 6117. of the	132385
Revised Code, by resolution declares it necessary to levy a tax in	132386
excess of the ten-mill limitation for the purpose of constructing,	132387
improving, or extending sewage disposal plants or sewage systems,	132388
the tax may be in effect for any number of years not exceeding	132389
twenty, and the proceeds of the tax, notwithstanding the general	132390
provisions of this section, may be used to pay debt charges on any	132391
obligations issued and outstanding on behalf of the subdivision	132392
for the purposes enumerated in this paragraph, provided that any	132393
such obligations have been specifically described in the	132394
resolution.	132395

A resolution adopted by the legislative authority of a	132396
municipal corporation that is for the purpose in division (XX) of	132397
this section may be combined with the purpose provided in section	132398
306.55 of the Revised Code, by vote of two-thirds of all members	132399
of the legislative authority. The legislative authority may	132400
certify the resolution to the board of elections as a combined	132401
question. The question appearing on the ballot shall be as	132402
provided in section 5705.252 of the Revised Code.	132403

The resolution shall go into immediate effect upon its	132404
passage, and no publication of the resolution is necessary other	132405
than that provided for in the notice of election.	132406

When the electors of a subdivision or, in the case of a	132407
qualifying library levy for the support of a library association	132408
or private corporation, the electors of the association library	132409
district, have approved a tax levy under this section, the taxing	132410
authority of the subdivision may anticipate a fraction of the	132411
proceeds of the levy and issue anticipation notes in accordance	132412
with section 5705.191 or 5705.193 of the Revised Code.	132413

Sec. 5705.192. (A) For the purposes of this section only,	132414
"taxing authority" includes a township board of park commissioners	132415
appointed under section 511.18 of the Revised Code.	132416

(B) A taxing authority may propose to replace an existing	132417
levy that the taxing authority is authorized to levy, regardless	132418
of the section of the Revised Code under which the authority is	132419
granted, except a school district emergency levy proposed pursuant	132420
to sections 5705.194 to 5705.197 of the Revised Code. The taxing	132421
authority may propose to replace the existing levy in its entirety	132422
at the rate at which it is authorized to be levied; may propose to	132423
replace a portion of the existing levy at a lesser rate; or may	132424
propose to replace the existing levy in its entirety and increase	132425
the rate at which it is levied. If the taxing authority proposes	132426
to replace an existing levy, the proposed levy shall be called a	132427
replacement levy and shall be so designated on the ballot. Except	132428
as otherwise provided in this division, a replacement levy shall	132429
be limited to the purpose of the existing levy, and shall appear	132430
separately on the ballot from, and shall not be conjoined with,	132431
the renewal of any other existing levy. In the case of an existing	132432
school district levy imposed under section 5705.21 of the Revised	132433
Code for the purpose specified in division (F) of section 5705.19	132434
of the Revised Code, or in the case of an existing school district	132435
levy imposed under section 5705.217 of the Revised Code for the	132436
acquisition, construction, enlargement, renovation, and financing	132437
of permanent improvements, the replacement for that existing levy	132438
may be for the same purpose or for the purpose of general	132439
permanent improvements as defined in section 5705.21 of the	132440
Revised Code.	132441

The resolution proposing a replacement levy shall specify the	132442
purpose of the levy; its proposed rate expressed in mills; whether	132443
the proposed rate is the same as the rate of the existing levy, a	132444
reduction, or an increase; the extent of any reduction or increase	132445
expressed in mills; the first calendar year in which the levy will	132446
be due; and the term of the levy, expressed in years or, if	132447
applicable, that it will be levied for a continuing period of	132448
time.	132449

The sections of the Revised Code governing the maximum rate	132450
and term of the existing levy, the contents of the resolution that	132451
proposed the levy, the adoption of the resolution, the	132452
arrangements for the submission of the question of the levy, and	132453
notice of the election also govern the respective provisions of	132454
the proposal to replace the existing levy, except as provided in	132455
divisions (B)(1) to (3) of this section:	132456

(1) In the case of an existing school district levy that is	132457
imposed under section 5705.21 of the Revised Code for the purpose	132458
specified in division (F) of section 5705.19 of the Revised Code	132459
or under section 5705.217 of the Revised Code for the acquisition,	132460
construction, enlargement, renovation, and financing of permanent	132461
improvements, and that is to be replaced by a levy for general	132462
permanent improvements, the maximum term of the replacement levy	132463
is not limited to the term of the existing levy and may be for a	132464
continuing period of time.	132465

(2) The date on which the election is held shall be as	132466
follows:	132467

(a) For the replacement of a levy with a fixed term of years,	132468
the date of the general election held during the last year the	132469
existing levy may be extended on the real and public utility	132470
property tax list and duplicate, or the date of any election held	132471
in the ensuing year;	132472

(b) For the replacement of a levy imposed for a continuing	132473
period of time, the date of any election held in any year after	132474
the year the levy to be replaced is first approved by the	132475
electors, except that only one election on the question of	132476
replacing the levy may be held during any calendar year.	132477

The failure by the electors to approve a proposal to replace	132478
a levy imposed for a continuing period of time does not terminate	132479
the existing continuing levy.	132480

(3) In the case of an existing school district levy imposed	132481
under division (B) of section 5705.21, division (C) of section	132482
5705.212, or division (J) of section 5705.218 of the Revised Code,	132483
the rates allocated to the municipal school district and to	132484
partnering community schools each may be increased or decreased or	132485
remain the same, and the total rate may be increased, decreased,	132486
or remain the same.	132487

(C) The form of the ballot at the election on the question of	132488
a replacement levy shall be as follows:	132489

"A replacement of a tax for the benefit of .......... (name	132490
of subdivision or public library) for the purpose of ..........	132491
(the purpose stated in the resolution) at a rate not exceeding	132492
.......... mills for each one dollar of valuation, which amounts	132493
to .......... (rate expressed in dollars and cents) for each one	132494
hundred dollars in valuation, for .......... (number of years levy	132495
is to run, or that it will be levied for a continuous period of	132496
time)	132497

132498

		FOR THE TAX LEVY			132499
		AGAINST THE TAX LEVY	"		132500

132501

If the replacement levy is proposed by a municipal school	132502
district to replace an existing tax levied under division (B) of	132503
section 5705.21, division (C)(1) of section 5705.212, or division	132504
(J) of section 5705.218 of the Revised Code, the form of the	132505
ballot shall be modified by adding, after the phrase "each one	132506
dollar of valuation," the following: "(of which ...... mills is to	132507
be allocated to partnering community schools)."	132508

If the proposal is to replace an existing levy and increase	132509
the rate of the existing levy, the form of the ballot shall be	132510
changed by adding the words ".......... mills of an existing levy	132511
and an increase of .......... mills, to constitute" after the	132512
words "a replacement of." If the proposal is to replace only a	132513
portion of an existing levy, the form of the ballot shall be	132514
changed by adding the words "a portion of an existing levy, being	132515
a reduction of .......... mills, to constitute" after the words "a	132516
replacement of." If the existing levy is imposed under division	132517
(B) of section 5705.21, division (C)(1) of section 5705.212, or	132518
division (J) of section 5705.218 of the Revised Code, the form of	132519
the ballot also shall state the portion of the total increased	132520
rate or of the total rate as reduced that is to be allocated to	132521
partnering community schools.	132522

If the tax is to be placed on the tax list of the current tax	132523
year, the form of the ballot shall be modified by adding at the	132524
end of the form the phrase ", commencing in .......... (first year	132525
the replacement tax is to be levied), first due in calendar year	132526
.......... (first calendar year in which the tax shall be due)."	132527

The question covered by the resolution shall be submitted as	132528
a separate proposition, but may be printed on the same ballot with	132529
any other proposition submitted at the same election, other than	132530
the election of officers. More than one such question may be	132531
submitted at the same election.	132532

(D) Two existing levies, or any portion of those levies, may	132533
be combined into one replacement levy, so long as both of the	132534
existing levies are for the same purpose and either both are due	132535
to expire the same year or both are for a continuing period of	132536
time. The question of combining all or portions of the two	132537
existing levies into the replacement levy shall appear as one	132538
ballot proposition before the electors. If the electors approve	132539
the ballot proposition, all or the stated portions of the two	132540
existing levies are replaced by one replacement levy.	132541

(E) A levy approved in excess of the ten-mill limitation	132542
under this section shall be certified to the tax commissioner. In	132543
the first year of a levy approved under this section, the levy	132544
shall be extended on the tax lists after the February settlement	132545
succeeding the election at which the levy was approved. If the	132546
levy is to be placed on the tax lists of the current year, as	132547
specified in the resolution providing for its submission, the	132548
result of the election shall be certified immediately after the	132549
canvass by the board of elections to the taxing authority, which	132550
shall forthwith make the necessary levy and certify it to the	132551
county auditor, who shall extend it on the tax lists for	132552
collection. After the first year, the levy shall be included in	132553
the annual tax budget that is certified to the county budget	132554
commission.	132555

If notes are authorized to be issued in anticipation of the	132556
proceeds of the existing levy, notes may be issued in anticipation	132557
of the proceeds of the replacement levy, and such issuance is	132558
subject to the terms and limitations governing the issuance of	132559
notes in anticipation of the proceeds of the existing levy.	132560

(F) This section does not authorize a tax to be levied in any	132561
year after the year in which revenue is not needed for the purpose	132562
for which the tax is levied.	132563

Sec. 5705.21. (A) At any time, the board of education of any	132564
city, local, exempted village, cooperative education, or joint	132565
vocational school district, by a vote of two-thirds of all its	132566
members, may declare by resolution that the amount of taxes which	132567
may be raised within the ten-mill limitation by levies on the	132568
current tax duplicate will be insufficient to provide an adequate	132569
amount for the necessary requirements of the school district, that	132570
it is necessary to levy a tax in excess of such limitation for one	132571
of the purposes specified in division (A), (D), (F), (H), or (DD)	132572
of section 5705.19 of the Revised Code, for general permanent	132573
improvements, for the purpose of operating a cultural center, for	132574
the purpose of providing for school safety and security, or for	132575
the purpose of providing education technology, and that the	132576
question of such additional tax levy shall be submitted to the	132577
electors of the school district at a special election on a day to	132578
be specified in the resolution. In the case of a qualifying	132579
library levy for the support of a library association or private	132580
corporation, the question shall be submitted to the electors of	132581
the association library district. If the resolution states that	132582
the levy is for the purpose of operating a cultural center, the	132583
ballot shall state that the levy is "for the purpose of operating	132584
the .......... (name of cultural center)."	132585

As used in this division, "cultural center" means a	132586
freestanding building, separate from a public school building,	132587
that is open to the public for educational, musical, artistic, and	132588
cultural purposes; "education technology" means, but is not	132589
limited to, computer hardware, equipment, materials, and	132590
accessories, equipment used for two-way audio or video, and	132591
software; and "general permanent improvements" means permanent	132592
improvements without regard to the limitation of division (F) of	132593
section 5705.19 of the Revised Code that the improvements be a	132594
specific improvement or a class of improvements that may be	132595
included in a single bond issue.	132596

A resolution adopted under this division shall be confined to	132597
a single purpose and shall specify the amount of the increase in	132598
rate that it is necessary to levy, the purpose of the levy, and	132599
the number of years during which the increase in rate shall be in	132600
effect. The number of years may be any number not exceeding five	132601
or, if the levy is for current expenses of the district or for	132602
general permanent improvements, for a continuing period of time.	132603

(B)(1) The board of education of a municipal school district,	132604
by resolution, may declare that it is necessary to levy a tax in	132605
excess of the ten-mill limitation for the purpose of paying the	132606
current expenses of the district and of partnering community	132607
schools and that the question of the additional tax levy shall be	132608
submitted to the electors of the school district at a special	132609
election on a day to be specified in the resolution. The	132610
resolution shall state the purpose of the levy, the rate of the	132611
tax expressed in mills per dollar of taxable value, the number of	132612
such mills to be levied for the current expenses of the partnering	132613
community schools and the number of such mills to be levied for	132614
the current expenses of the school district, the number of years	132615
the tax will be levied, and the first year the tax will be levied.	132616
The number of years the tax may be levied may be any number not	132617
exceeding ten years, or for a continuing period of time.	132618

The levy of a tax for the current expenses of a partnering	132619
community school under this section and the distribution of	132620
proceeds from the tax by a municipal school district to partnering	132621
community schools is hereby determined to be a proper public	132622
purpose.	132623

(2) The form of the ballot at an election held pursuant to	132624
division (B) of this section shall be as follows:	132625

"Shall a levy be imposed by the ......... (insert the name of	132626
the municipal school district) for the purpose of current expenses	132627
of the school district and of partnering community schools at a	132628
rate not exceeding ...... (insert the number of mills) mills for	132629
each one dollar of valuation (of which ...... (insert the number	132630
of mills to be allocated to partnering community schools) mills is	132631
to be allocated to partnering community schools), which amounts to	132632
....... (insert the rate expressed in dollars and cents) for each	132633
one hundred dollars of valuation, for ...... (insert the number of	132634
years the levy is to be imposed, or that it will be levied for a	132635
continuing period of time), beginning ...... (insert first year	132636
the tax is to be levied), which will first be payable in calendar	132637
year ...... (insert the first calendar year in which the tax would	132638
be payable)?	132639

		FOR THE TAX LEVY			132640
		AGAINST THE TAX LEVY	"		132641

(3) Upon each receipt of a tax distribution by the municipal	132642
school district, the board of education shall credit the portion	132643
allocated to partnering community schools to the partnering	132644
community schools fund. All income from the investment of money in	132645
the partnering community schools fund shall be credited to that	132646
fund.	132647

Not more than forty-five days after the municipal school	132648
district receives and deposits each tax distribution, the board of	132649
education shall distribute the partnering community schools amount	132650
among the then qualifying community schools. From each tax	132651
distribution, each such partnering community school shall receive	132652
a portion of the partnering community schools amount in the	132653
proportion that the number of its resident students bears to the	132654
aggregate number of resident students of all such partnering	132655
community schools as of the date of receipt and deposit of the tax	132656
distribution. For the purposes of this division, the number of	132657
resident students shall be the number of such students reported	132658
under section 3317.03 of the Revised Code and established by the	132659
department of education as of the date of receipt and deposit of	132660
the tax distribution.	132661

(4) To the extent an agreement whereby the municipal school	132662
district and a community school endorse each other's programs is	132663
necessary for the community school to qualify as a partnering	132664
community school under division (B)(6)(b) of this section, the	132665
board of education of the school district shall certify to the	132666
department of education the agreement along with the determination	132667
that such agreement satisfies the requirements of that division.	132668
The board's determination is conclusive.	132669

(5) For the purposes of Chapter 3317. of the Revised Code or	132670
other laws referring to the "taxes charged and payable" for a	132671
school district, the taxes charged and payable for a municipal	132672
school district that levies a tax under division (B) of this	132673
section includes only the taxes charged and payable under that	132674
levy for the current expenses of the school district, and does not	132675
include the taxes charged and payable for the current expenses of	132676
partnering community schools. The taxes charged and payable for	132677
the current expenses of partnering community schools shall not	132678
affect the calculation of "state education aid" as defined in	132679
section 5751.20 of the Revised Code.	132680

(6) As used in division (B) of this section:

132681

(a) "Municipal school district" has the same meaning as in	132682
section 3311.71 of the Revised Code.	132683

(b) "Partnering community school" means a community school	132684
established under Chapter 3314. of the Revised Code that is	132685
located within the territory of the municipal school district and	132686
that either is sponsored by the district or is a party to an	132687
agreement with the district whereby the district and the community	132688
school endorse each other's programs.	132689

(c) "Partnering community schools amount" means the product	132690
obtained, as of the receipt and deposit of the tax distribution,	132691
by multiplying the amount of a tax distribution by a fraction, the	132692
numerator of which is the number of mills per dollar of taxable	132693
value of the property tax to be allocated to partnering community	132694
schools, and the denominator of which is the total number of mills	132695
per dollar of taxable value authorized by the electors in the	132696
election held under division (B) of this section, each as set	132697
forth in the resolution levying the tax.	132698

(d) "Partnering community schools fund" means a separate fund	132699
established by the board of education of a municipal school	132700
district for the deposit of partnering community school amounts	132701
under this section.	132702

(e) "Resident student" means a student enrolled in a	132703
partnering community school who is entitled to attend school in	132704
the municipal school district under section 3313.64 or 3313.65 of	132705
the Revised Code.	132706

(f) "Tax distribution" means a distribution of proceeds of	132707
the tax authorized by division (B) of this section under section	132708
321.24 of the Revised Code and distributions that are attributable	132709
to that tax under sections 323.156 and 4503.068 of the Revised	132710
Code or other applicable law.	132711

(C) A resolution adopted under this section shall specify the	132712
date of holding the election, which shall not be earlier than	132713
ninety days after the adoption and certification of the resolution	132714
and which shall be consistent with the requirements of section	132715
3501.01 of the Revised Code.	132716

A resolution adopted under this section may propose to renew	132717
one or more existing levies imposed under division (A) or (B) of	132718
this section or to increase or decrease a single levy imposed	132719
under either such division.	132720

If the board of education imposes one or more existing levies	132721
for the purpose specified in division (F) of section 5705.19 of	132722
the Revised Code, the resolution may propose to renew one or more	132723
of those existing levies, or to increase or decrease a single such	132724
existing levy, for the purpose of general permanent improvements.	132725

If the resolution proposes to renew two or more existing	132726
levies, the levies shall be levied for the same purpose. The	132727
resolution shall identify those levies and the rates at which they	132728
are levied. The resolution also shall specify that the existing	132729
levies shall not be extended on the tax lists after the year	132730
preceding the year in which the renewal levy is first imposed,	132731
regardless of the years for which those levies originally were	132732
authorized to be levied.	132733

If the resolution proposes to renew an existing levy imposed	132734
under division (B) of this section, the rates allocated to the	132735
municipal school district and to partnering community schools each	132736
may be increased or decreased or remain the same, and the total	132737
rate may be increased, decreased, or remain the same. The	132738
resolution and notice of election shall specify the number of the	132739
mills to be levied for the current expenses of the partnering	132740
community schools and the number of the mills to be levied for the	132741
current expenses of the municipal school district.	132742

A resolution adopted under this section shall go into	132743
immediate effect upon its passage, and no publication of the	132744
resolution shall be necessary other than that provided for in the	132745
notice of election. A copy of the resolution shall immediately	132746
after its passing be certified to the board of elections of the	132747
proper county in the manner provided by section 5705.25 of the	132748
Revised Code. That section shall govern the arrangements for the	132749
submission of such question and other matters concerning the	132750
election to which that section refers, including publication of	132751
notice of the election, except that the election shall be held on	132752
the date specified in the resolution. In the case of a resolution	132753
adopted under division (B) of this section, the publication of	132754
notice of that election shall state the number of the mills to be	132755
levied for the current expenses of partnering community schools	132756
and the number of the mills to be levied for the current expenses	132757
of the municipal school district. If a majority of the electors	132758
voting on the question so submitted in an election vote in favor	132759
of the levy, the board of education may make the necessary levy	132760
within the school district or, in the case of a qualifying library	132761
levy for the support of a library association or private	132762
corporation, within the association library district, at the	132763
additional rate, or at any lesser rate in excess of the ten-mill	132764
limitation on the tax list, for the purpose stated in the	132765
resolution. A levy for a continuing period of time may be reduced	132766
pursuant to section 5705.261 of the Revised Code. The tax levy	132767
shall be included in the next tax budget that is certified to the	132768
county budget commission.	132769

(D)(1) After the approval of a levy on the current tax list	132770
and duplicate for current expenses, for recreational purposes, for	132771
community centers provided for in section 755.16 of the Revised	132772
Code, or for a public library of the district under division (A)	132773
of this section, and prior to the time when the first tax	132774
collection from the levy can be made, the board of education may	132775
anticipate a fraction of the proceeds of the levy and issue	132776
anticipation notes in a principal amount not exceeding fifty per	132777
cent of the total estimated proceeds of the levy to be collected	132778
during the first year of the levy.	132779

(2) After the approval of a levy for general permanent	132780
improvements for a specified number of years or for permanent	132781
improvements having the purpose specified in division (F) of	132782
section 5705.19 of the Revised Code, the board of education may	132783
anticipate a fraction of the proceeds of the levy and issue	132784
anticipation notes in a principal amount not exceeding fifty per	132785
cent of the total estimated proceeds of the levy remaining to be	132786
collected in each year over a period of five years after the	132787
issuance of the notes.	132788

The notes shall be issued as provided in section 133.24 of	132789
the Revised Code, shall have principal payments during each year	132790
after the year of their issuance over a period not to exceed five	132791
years, and may have a principal payment in the year of their	132792
issuance.	132793

(3) After approval of a levy for general permanent	132794
improvements for a continuing period of time, the board of	132795
education may anticipate a fraction of the proceeds of the levy	132796
and issue anticipation notes in a principal amount not exceeding	132797
fifty per cent of the total estimated proceeds of the levy to be	132798
collected in each year over a specified period of years, not	132799
exceeding ten, after the issuance of the notes.	132800

The notes shall be issued as provided in section 133.24 of	132801
the Revised Code, shall have principal payments during each year	132802
after the year of their issuance over a period not to exceed ten	132803
years, and may have a principal payment in the year of their	132804
issuance.	132805

(4) After the approval of a levy on the current tax list and	132806
duplicate under division (B) of this section, and prior to the	132807
time when the first tax collection from the levy can be made, the	132808
board of education may anticipate a fraction of the proceeds of	132809
the levy for the current expenses of the school district and issue	132810
anticipation notes in a principal amount not exceeding fifty per	132811
cent of the estimated proceeds of the levy to be collected during	132812
the first year of the levy and allocated to the school district.	132813
The portion of the levy proceeds to be allocated to partnering	132814
community schools under that division shall not be included in the	132815
estimated proceeds anticipated under this division and shall not	132816
be used to pay debt charges on any anticipation notes.	132817

The notes shall be issued as provided in section 133.24 of	132818
the Revised Code, shall have principal payments during each year	132819
after the year of their issuance over a period not to exceed five	132820
years, and may have a principal payment in the year of their	132821
issuance.	132822

(E) The submission of questions to the electors under this	132823
section is subject to the limitation on the number of election	132824
dates established by section 5705.214 of the Revised Code.	132825

Sec. 5705.217. (A) The board of education of a city, local,	132826
or exempted village school district, at any time by a vote of	132827
two-thirds of all its members, may declare by resolution that the	132828
amount of taxes that can be raised within the ten-mill limitation	132829
will be insufficient to provide an adequate amount for the present	132830
and future requirements of the school district; that it is	132831
necessary to levy an additional tax in excess of that limitation	132832
for the purposes of providing funds for current operating expenses	132833
and for ~~the acquisition, construction, enlargement, renovation,~~	132834
~~and financing of~~general permanent improvements as defined in	132835
section 5705.21 of the Revised Code; and that the question of the	132836
tax shall be submitted to the electors of the district at a	132837
special election. The tax may be levied for a specified number of	132838
years not exceeding five or~~, if the tax is for current operating~~	132839
~~expenses or for general, on-going permanent improvements,~~ for a	132840
continuing period of time. The resolution shall specify the	132841
proposed tax rate, the first year the tax will be levied, and the	132842
number of years it will be levied, or that it will be levied for a	132843
continuing period of time. The resolution shall apportion the	132844
annual rate of the tax between current operating expenses and	132845
permanent improvements. The apportionment may but need not be the	132846
same for each year of the tax, but the respective portions of the	132847
rate actually levied each year for current operating expenses and	132848
permanent improvements shall be limited by the apportionment.	132849

The resolution shall specify the date of holding the special	132850
election, which shall not be earlier than ninety days after	132851
certification of the resolution to the board of elections and	132852
shall be consistent with the requirements of section 3501.01 of	132853
the Revised Code. The resolution shall go into immediate effect	132854
upon its passage, and no publication of it is necessary other than	132855
that provided in the notice of election. The board of education	132856
shall certify a copy of the resolution to the board of elections	132857
immediately after its adoption. Section 5705.25 of the Revised	132858
Code governs the arrangements and form of the ballot for the	132859
submission of the question to the electors.	132860

If a majority of the electors voting on the question vote in	132861
favor of the tax, the board of education may make the levy at the	132862
additional rate, or at any lesser rate in excess of the ten-mill	132863
limitation. If the tax is for a continuing period of time, it may	132864
be decreased in accordance with section 5705.261 of the Revised	132865
Code.	132866

A board of education may adopt a resolution to renew one or	132867
more existing levies imposed under this section, or to increase or	132868
decrease the rate of a tax levied under this section, for the	132869
purpose of providing funds for either current expenses and general	132870
permanent improvements or solely for general permanent	132871
improvements.	132872

(B)(1) After the approval of a tax for current operating	132873
expenses under this section and prior to the time the first	132874
collection and distribution from the levy can be made, the board	132875
of education may anticipate a fraction of the proceeds of such	132876
levy and issue anticipation notes in a principal amount not	132877
exceeding fifty per cent of the total estimated proceeds of the	132878
tax to be collected during the first year of the levy.	132879

(2) After the approval of a tax ~~under this section~~ for	132880
general permanent improvements ~~having a specific purpose~~levied	132881
under this section for a specified number of years, the board of	132882
education may anticipate a fraction of the proceeds of such tax	132883
and issue anticipation notes in a principal amount not exceeding	132884
fifty per cent of the total estimated proceeds of the tax	132885
remaining to be collected in each year over a specified period of	132886
~~five~~ years, not exceeding the number of years for which the tax	132887
was levied, after issuance of the notes.	132888

(3) After the approval of a tax for general~~, on-going~~	132889
permanent improvements levied under this section for a continuing	132890
period of time, the board of education may anticipate a fraction	132891
of the proceeds of such tax and issue anticipation notes in a	132892
principal amount not exceeding fifty per cent of the total	132893
estimated proceeds of the tax to be collected in each year over a	132894
specified period of years, not exceeding ten, after issuance of	132895
the notes.	132896

Anticipation notes under this section shall be issued as	132897
provided in section 133.24 of the Revised Code. Notes issued under	132898
division (B)(1) or (2) of this section shall have principal	132899
payments during each year after the year of their issuance over a	132900
period not to exceed five years, and may have a principal payment	132901
in the year of their issuance. Notes issued under division (B)(3)	132902
of this section shall have principal payments during each year	132903
after the year of their issuance over a period not to exceed ten	132904
years, and may have a principal payment in the year of their	132905
issuance.	132906

(C) The submission of a question to the electors under this	132907
section is subject to the limitation on the number of elections	132908
that can be held in a year under section 5705.214 of the Revised	132909
Code.	132910

Sec. 5705.218. (A) The board of education of a city, local,	132911
or exempted village school district, at any time by a vote of	132912
two-thirds of all its members, may declare by resolution that it	132913
may be necessary for the school district to issue general	132914
obligation bonds for permanent improvements. The resolution shall	132915
state all of the following:	132916

(1) The necessity and purpose of the bond issue;

132917

(2) The date of the special election at which the question	132918
shall be submitted to the electors;	132919

(3) The amount, approximate date, estimated rate of interest,	132920
and maximum number of years over which the principal of the bonds	132921
may be paid;	132922

(4) The necessity of levying a tax outside the ten-mill	132923
limitation to pay debt charges on the bonds and any anticipatory	132924
securities.	132925

On adoption of the resolution, the board shall certify a copy	132926
of it to the county auditor. The county auditor promptly shall	132927
estimate and certify to the board the average annual property tax	132928
rate required throughout the stated maturity of the bonds to pay	132929
debt charges on the bonds, in the same manner as under division	132930
(C) of section 133.18 of the Revised Code.	132931

(B) After receiving the county auditor's certification under	132932
division (A) of this section, the board of education of the city,	132933
local, or exempted village school district, by a vote of	132934
two-thirds of all its members, may declare by resolution that the	132935
amount of taxes that can be raised within the ten-mill limitation	132936
will be insufficient to provide an adequate amount for the present	132937
and future requirements of the school district; that it is	132938
necessary to issue general obligation bonds of the school district	132939
for permanent improvements and to levy an additional tax in excess	132940
of the ten-mill limitation to pay debt charges on the bonds and	132941
any anticipatory securities; that it is necessary for a specified	132942
number of years or for a continuing period of time to levy	132943
additional taxes in excess of the ten-mill limitation to provide	132944
funds for the acquisition, construction, enlargement, renovation,	132945
and financing of permanent improvements or to pay for current	132946
operating expenses, or both; and that the question of the bonds	132947
and taxes shall be submitted to the electors of the school	132948
district at a special election, which shall not be earlier than	132949
ninety days after certification of the resolution to the board of	132950
elections, and the date of which shall be consistent with section	132951
3501.01 of the Revised Code. The resolution shall specify all of	132952
the following:	132953

(1) The county auditor's estimate of the average annual	132954
property tax rate required throughout the stated maturity of the	132955
bonds to pay debt charges on the bonds;	132956

(2) The proposed rate of the tax, if any, for current	132957
operating expenses, the first year the tax will be levied, and the	132958
number of years it will be levied, or that it will be levied for a	132959
continuing period of time;	132960

(3) The proposed rate of the tax, if any, for permanent	132961
improvements, the first year the tax will be levied, and the	132962
number of years it will be levied, or that it will be levied for a	132963
continuing period of time.	132964

The resolution shall apportion the annual rate of the tax	132965
between current operating expenses and permanent improvements, if	132966
both taxes are proposed. The apportionment may but need not be the	132967
same for each year of the tax, but the respective portions of the	132968
rate actually levied each year for current operating expenses and	132969
permanent improvements shall be limited by the apportionment. The	132970
resolution shall go into immediate effect upon its passage, and no	132971
publication of it is necessary other than that provided in the	132972
notice of election. The board of education shall certify a copy of	132973
the resolution, along with copies of the auditor's estimate and	132974
its resolution under division (A) of this section, to the board of	132975
elections immediately after its adoption.	132976

(C) The board of elections shall make the arrangements for	132977
the submission to the electors of the school district of the	132978
question proposed under division (B) or (J) of this section, and	132979
the election shall be conducted, canvassed, and certified in the	132980
same manner as regular elections in the district for the election	132981
of county officers. The resolution shall be put before the	132982
electors as one ballot question, with a favorable vote indicating	132983
approval of the bond issue, the levy to pay debt charges on the	132984
bonds and any anticipatory securities, the current operating	132985
expenses levy, the permanent improvements levy, and the levy for	132986
the current expenses of a municipal school district and of	132987
partnering community schools, as those levies may be proposed. The	132988
board of elections shall publish notice of the election in a	132989
newspaper of general circulation in the school district once a	132990
week for two consecutive weeks, or as provided in section 7.16 of	132991
the Revised Code, prior to the election. If a board of elections	132992
operates and maintains a web site, that board also shall post	132993
notice of the election on its web site for thirty days prior to	132994
the election. The notice of election shall state all of the	132995
following:	132996

(1) The principal amount of the proposed bond issue;

132997

(2) The permanent improvements for which the bonds are to be	132998
issued;	132999

(3) The maximum number of years over which the principal of	133000
the bonds may be paid;	133001

(4) The estimated additional average annual property tax rate	133002
to pay the debt charges on the bonds, as certified by the county	133003
auditor;	133004

(5) The proposed rate of the additional tax, if any, for	133005
current operating expenses and, if the question is proposed under	133006
division (J) of this section, the portion of the rate to be	133007
allocated to the school district and the portion to be allocated	133008
to partnering community schools;	133009

(6) The number of years the current operating expenses tax	133010
will be in effect, or that it will be in effect for a continuing	133011
period of time;	133012

(7) The proposed rate of the additional tax, if any, for	133013
permanent improvements;	133014

(8) The number of years the permanent improvements tax will	133015
be in effect, or that it will be in effect for a continuing period	133016
of time;	133017

(9) The time and place of the special election.

133018

(D) The form of the ballot for an election under this section	133019
is as follows:	133020

"Shall the .......... school district be authorized to do the	133021
following:	133022

(1) Issue bonds for the purpose of .......... in the	133023
principal amount of $......, to be repaid annually over a maximum	133024
period of ...... years, and levy a property tax outside the	133025
ten-mill limitation, estimated by the county auditor to average	133026
over the bond repayment period ...... mills for each one dollar of	133027
tax valuation, which amounts to ...... (rate expressed in cents or	133028
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	133029
tax valuation, to pay the annual debt charges on the bonds, and to	133030
pay debt charges on any notes issued in anticipation of those	133031
bonds?"	133032

If either a levy for permanent improvements or a levy for	133033
current operating expenses is proposed, or both are proposed, the	133034
ballot also shall contain the following language, as appropriate:	133035

"(2) Levy an additional property tax to provide funds for the	133036
acquisition, construction, enlargement, renovation, and financing	133037
of permanent improvements at a rate not exceeding ....... mills	133038
for each one dollar of tax valuation, which amounts to .......	133039
(rate expressed in cents or dollars and cents) for each $100 of	133040
tax valuation, for ...... (number of years of the levy, or a	133041
continuing period of time)?	133042

(3) Levy an additional property tax to pay current operating	133043
expenses at a rate not exceeding ....... mills for each one dollar	133044
of tax valuation, which amounts to ....... (rate expressed in	133045
cents or dollars and cents) for each $100 of tax valuation, for	133046
....... (number of years of the levy, or a continuing period of	133047
time)?	133048

133049

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			133050
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		133051

133052

If the question is proposed under division (J) of this	133053
section, the form of the ballot shall be modified as prescribed by	133054
division (J)(4) of this section.	133055

(E) The board of elections promptly shall certify the results	133056
of the election to the tax commissioner and the county auditor of	133057
the county in which the school district is located. If a majority	133058
of the electors voting on the question vote for it, the board of	133059
education may proceed with issuance of the bonds and with the levy	133060
and collection of the property tax or taxes at the additional rate	133061
or any lesser rate in excess of the ten-mill limitation. Any	133062
securities issued by the board of education under this section are	133063
Chapter 133. securities, as that term is defined in section 133.01	133064
of the Revised Code.	133065

(F)(1) After the approval of a tax for current operating	133066
expenses under this section and prior to the time the first	133067
collection and distribution from the levy can be made, the board	133068
of education may anticipate a fraction of the proceeds of such	133069
levy and issue anticipation notes in a principal amount not	133070
exceeding fifty per cent of the total estimated proceeds of the	133071
tax to be collected during the first year of the levy.	133072

(2) After the approval of a tax under this section for	133073
permanent improvements having a specific purpose, the board of	133074
education may anticipate a fraction of the proceeds of such tax	133075
and issue anticipation notes in a principal amount not exceeding	133076
fifty per cent of the total estimated proceeds of the tax	133077
remaining to be collected in each year over a period of five years	133078
after issuance of the notes.	133079

(3) After the approval of a tax under this section for	133080
general~~, on-going~~ permanent improvements as defined under ~~this~~	133081
section 5705.21 of the Revised Code, the board of education may	133082
anticipate a fraction of the proceeds of such tax and issue	133083
anticipation notes in a principal amount not exceeding fifty per	133084
cent of the total estimated proceeds of the tax to be collected in	133085
each year over a specified period of years, not exceeding ten,	133086
after issuance of the notes.	133087

Anticipation notes under this section shall be issued as	133088
provided in section 133.24 of the Revised Code. Notes issued under	133089
division (F)(1) or (2) of this section shall have principal	133090
payments during each year after the year of their issuance over a	133091
period not to exceed five years, and may have a principal payment	133092
in the year of their issuance. Notes issued under division (F)(3)	133093
of this section shall have principal payments during each year	133094
after the year of their issuance over a period not to exceed ten	133095
years, and may have a principal payment in the year of their	133096
issuance.	133097

(G) A tax for current operating expenses or for permanent	133098
improvements levied under this section for a specified number of	133099
years may be renewed or replaced in the same manner as a tax for	133100
current operating expenses or for permanent improvements levied	133101
under section 5705.21 of the Revised Code. A tax for current	133102
operating expenses or for permanent improvements levied under this	133103
section for a continuing period of time may be decreased in	133104
accordance with section 5705.261 of the Revised Code.	133105

(H) The submission of a question to the electors under this	133106
section is subject to the limitation on the number of elections	133107
that can be held in a year under section 5705.214 of the Revised	133108
Code.	133109

(I) A school district board of education proposing a ballot	133110
measure under this section to generate local resources for a	133111
project under the school building assistance expedited local	133112
partnership program under section 3318.36 of the Revised Code may	133113
combine the questions under division (D) of this section with a	133114
question for the levy of a property tax to generate moneys for	133115
maintenance of the classroom facilities acquired under that	133116
project as prescribed in section 3318.361 of the Revised Code.	133117

(J)(1) After receiving the county auditor's certification	133118
under division (A) of this section, the board of education of a	133119
municipal school district, by a vote of two-thirds of all its	133120
members, may declare by resolution that it is necessary to levy a	133121
tax in excess of the ten-mill limitation for the purpose of paying	133122
the current expenses of the school district and of partnering	133123
community schools, as defined in section 5705.21 of the Revised	133124
Code; that it is necessary to issue general obligation bonds of	133125
the school district for permanent improvements of the district and	133126
to levy an additional tax in excess of the ten-mill limitation to	133127
pay debt charges on the bonds and any anticipatory securities; and	133128
that the question of the bonds and taxes shall be submitted to the	133129
electors of the school district at a special election, which shall	133130
not be earlier than ninety days after certification of the	133131
resolution to the board of elections, and the date of which shall	133132
be consistent with section 3505.01 of the Revised Code.	133133

The levy of taxes for the current expenses of a partnering	133134
community school under division (J) of this section and the	133135
distribution of proceeds from the tax by a municipal school	133136
district to partnering community schools is hereby determined to	133137
be a proper public purpose.	133138

(2) The tax for the current expenses of the school district	133139
and of partnering community schools is subject to the requirements	133140
of divisions (B)(3), (4), and (5) of section 5705.21 of the	133141
Revised Code.	133142

(3) In addition to the required specifications of the	133143
resolution under division (B) of this section, the resolution	133144
shall express the rate of the tax in mills per dollar of taxable	133145
value, state the number of the mills to be levied for the current	133146
expenses of the partnering community schools and the number of the	133147
mills to be levied for the current expenses of the school	133148
district, specify the number of years (not exceeding ten) the tax	133149
will be levied or that it will be levied for a continuing period	133150
of time, and state the first year the tax will be levied.	133151

The resolution shall go into immediate effect upon its	133152
passage, and no publication of it is necessary other than that	133153
provided in the notice of election. The board of education shall	133154
certify a copy of the resolution, along with copies of the	133155
auditor's estimate and its resolution under division (A) of this	133156
section, to the board of elections immediately after its adoption.	133157

(4) The form of the ballot shall be modified by replacing the	133158
ballot form set forth in division (D)(3) of this section with the	133159
following:	133160

"Levy an additional property tax for the purpose of the	133161
current expenses of the school district and of partnering	133162
community schools at a rate not exceeding ...... (insert the	133163
number of mills) mills for each one dollar of valuation (of which	133164
...... (insert the number of mills to be allocated to partnering	133165
community schools) mills is to be allocated to partnering	133166
community schools), which amounts to ...... (insert the rate	133167
expressed in dollars and cents) for each one hundred dollars of	133168
valuation, for ...... (insert the number of years the levy is to	133169
be imposed, or that it will be levied for a continuing period of	133170
time)?	133171

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			133172
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		133173

(5) After the approval of a tax for the current expenses of	133174
the school district and of partnering community schools under	133175
division (J) of this section, and prior to the time the first	133176
collection and distribution from the levy can be made, the board	133177
of education may anticipate a fraction of the proceeds of the levy	133178
for the current expenses of the school district and issue	133179
anticipation notes in a principal amount not exceeding fifty per	133180
cent of the estimated proceeds of the levy to be collected during	133181
the first year of the levy and allocated to the school district.	133182
The portion of levy proceeds to be allocated to partnering	133183
community schools shall not be included in the estimated proceeds	133184
anticipated under this division and shall not be used to pay debt	133185
charges on any anticipation notes.	133186

The notes shall be issued as provided in section 133.24 of	133187
the Revised Code, shall have principal payments during each year	133188
after the year of their issuance over a period not to exceed five	133189
years, and may have a principal payment in the year of their	133190
issuance.	133191

(6) A tax for the current expenses of the school district and	133192
of partnering community schools levied under division (J) of this	133193
section for a specified number of years may be renewed or replaced	133194
in the same manner as a tax for the current expenses of a school	133195
district and of partnering community schools levied under division	133196
(B) of section 5705.21 of the Revised Code. A tax for the current	133197
expenses of the school district and of partnering community	133198
schools levied under this division for a continuing period of time	133199
may be decreased in accordance with section 5705.261 of the	133200
Revised Code.	133201

(7) The proceeds from the issuance of the general obligation	133202
bonds under division (J) of this section shall be used solely to	133203
pay for permanent improvements of the school district and not for	133204
permanent improvements of partnering community schools.	133205

Sec. 5705.221. (A) At any time, the board of county	133206
commissioners of any county by a majority vote of the full	133207
membership may declare by resolution and certify to the board of	133208
elections of the county that the amount of taxes which may be	133209
raised within the ten-mill limitation by levies on the current tax	133210
duplicate will be insufficient to provide the necessary	133211
requirements of the county's alcohol, drug addiction, and mental	133212
health service district established pursuant to Chapter 340. of	133213
the Revised Code, or the county's contribution to a joint-county	133214
district of which the county is a part, and that it is necessary	133215
to levy a tax in excess of such limitation for the operation of	133216
~~alcohol and drug~~community addiction ~~programs~~services providers	133217
and community mental health ~~programs~~services providers and the	133218
acquisition, construction, renovation, financing, maintenance, and	133219
operation of alcohol and drug addiction facilities and mental	133220
health facilities.	133221

Such resolution shall conform to section 5705.19 of the	133222
Revised Code, except that the increased rate may be in effect for	133223
any number of years not exceeding ten.	133224

The resolution shall be certified and submitted in the manner	133225
provided in section 5705.25 of the Revised Code, except that it	133226
may be placed on the ballot in any election, and shall be	133227
certified to the board of elections not less than ninety days	133228
before the election at which it will be voted upon.	133229

If the majority of the electors voting on a levy to	133230
supplement general fund appropriations for the support of the	133231
comprehensive ~~alcohol and drug~~community addiction and mental	133232
health ~~program~~services providers vote in favor of the levy, the	133233
board may levy a tax within the county at the additional rate	133234
outside the ten-mill limitation during the specified or continuing	133235
period, for the purpose stated in the resolution.	133236

(B) When electors have approved a tax levy under this	133237
section, the board of county commissioners may anticipate a	133238
fraction of the proceeds of the levy and, from time to time, issue	133239
anticipation notes in accordance with section 5705.191 or 5705.193	133240
of the Revised Code.	133241

(C) The county auditor who is the fiscal officer of the	133242
alcohol, drug addiction, and mental health service district, upon	133243
receipt of a resolution from the board of alcohol, drug addiction,	133244
and mental health services, shall establish for the district a	133245
capital improvements account or a reserve balance account, or	133246
both, as specified in the resolution. The capital improvements	133247
account shall be a contingency fund for the necessary acquisition,	133248
replacement, renovation, or construction of facilities and movable	133249
and fixed equipment. Upon the request of the board, funds not	133250
needed to pay for current expenses may be appropriated to the	133251
capital improvements account, in amounts such that the account	133252
does not exceed twenty-five per cent of the replacement value of	133253
all capital facilities and equipment currently used by the board	133254
for programs and services. Other funds which are available for	133255
current capital expenses from federal, state, or local sources may	133256
also be appropriated to this account.	133257

The reserve balance account shall contain those funds that	133258
are not needed to pay for current operating expenses and not	133259
deposited in the capital improvements account but that will be	133260
needed to pay for operating expenses in the future. Upon the	133261
request of a board, such funds shall be appropriated to the	133262
reserve balance account. Payments from the capital improvements	133263
account and the reserve balance account shall be made by the	133264
county treasurer who is the custodian of funds for the district	133265
upon warrants issued by the county auditor who is the fiscal	133266
officer of the district pursuant to orders of the board.	133267

Sec. 5705.25. (A) A copy of any resolution adopted as	133268
provided in section 5705.19 or 5705.2111 of the Revised Code shall	133269
be certified by the taxing authority to the board of elections of	133270
the proper county not less than ninety days before the general	133271
election in any year, and the board shall submit the proposal to	133272
the electors of the subdivision at the succeeding November	133273
election. In the case of a qualifying library levy, the board	133274
shall submit the question to the electors of the library district	133275
or association library district. Except as otherwise provided in	133276
this division, a resolution to renew an existing levy, regardless	133277
of the section of the Revised Code under which the tax was	133278
imposed, shall not be placed on the ballot unless the question is	133279
submitted at the general election held during the last year the	133280
tax to be renewed or replaced may be extended on the real and	133281
public utility property tax list and duplicate, or at any election	133282
held in the ensuing year. The limitation of the foregoing sentence	133283
does not apply to a resolution to renew and increase or to renew	133284
part of an existing levy that was imposed under section 5705.191	133285
of the Revised Code to supplement the general fund for the purpose	133286
of making appropriations for one or more of the following	133287
purposes: for public assistance, human or social services, relief,	133288
welfare, hospitalization, health, and support of general	133289
hospitals. The limitation of the second preceding sentence also	133290
does not apply to a resolution that proposes to renew two or more	133291
existing levies imposed under section 5705.21 or 5705.217 of the	133292
Revised Code, in which case the question shall be submitted on the	133293
date of the general or primary election held during the last year	133294
at least one of the levies to be renewed may be extended on the	133295
real and public utility property tax list and duplicate, or at any	133296
election held during the ensuing year. For purposes of this	133297
section, a levy shall be considered to be an "existing levy"	133298
through the year following the last year it can be placed on that	133299
tax list and duplicate.	133300

The board shall make the necessary arrangements for the	133301
submission of such questions to the electors of such subdivision,	133302
library district, or association library district, and the	133303
election shall be conducted, canvassed, and certified in the same	133304
manner as regular elections in such subdivision, library district,	133305
or association library district for the election of county	133306
officers. Notice of the election shall be published in a newspaper	133307
of general circulation in the subdivision, library district, or	133308
association library district once a week for two consecutive	133309
weeks, or as provided in section 7.16 of the Revised Code, prior	133310
to the election. If the board of elections operates and maintains	133311
a web site, the board of elections shall post notice of the	133312
election on its web site for thirty days prior to the election.	133313
The notice shall state the purpose, the proposed increase in rate	133314
expressed in dollars and cents for each one hundred dollars of	133315
valuation as well as in mills for each one dollar of valuation,	133316
the number of years during which the increase will be in effect,	133317
the first month and year in which the tax will be levied, and the	133318
time and place of the election.	133319

(B) The form of the ballots cast at an election held pursuant	133320
to division (A) of this section shall be as follows:	133321

"An additional tax for the benefit of (name of subdivision or	133322
public library) .......... for the purpose of (purpose stated in	133323
the resolution) .......... at a rate not exceeding ...... mills	133324
for each one dollar of valuation, which amounts to (rate expressed	133325
in dollars and cents) ............ for each one hundred dollars of	133326
valuation, for ...... (life of indebtedness or number of years the	133327
levy is to run).	133328

133329

		For the Tax Levy			133330
		Against the Tax Levy	"		133331

133332

(C) If the levy is to be in effect for a continuing period of	133333
time, the notice of election and the form of ballot shall so state	133334
instead of setting forth a specified number of years for the levy.	133335

If the tax is to be placed on the current tax list, the form	133336
of the ballot shall be modified by adding, after the statement of	133337
the number of years the levy is to run, the phrase ", commencing	133338
in .......... (first year the tax is to be levied), first due in	133339
calendar year .......... (first calendar year in which the tax	133340
shall be due)."	133341

If the levy submitted is a proposal to renew, increase, or	133342
decrease an existing levy, the form of the ballot specified in	133343
division (B) of this section may be changed by substituting for	133344
the words "An additional" at the beginning of the form, the words	133345
"A renewal of a" in case of a proposal to renew an existing levy	133346
in the same amount; the words "A renewal of ........ mills and an	133347
increase of ...... mills to constitute a" in the case of an	133348
increase; or the words "A renewal of part of an existing levy,	133349
being a reduction of ...... mills, to constitute a" in the case of	133350
a decrease in the proposed levy.	133351

If the levy submitted is a proposal to renew two or more	133352
existing levies imposed under section 5705.21 or 5705.217 of the	133353
Revised Code, the form of the ballot specified in division (B) of	133354
this section shall be modified by substituting for the words "an	133355
additional tax" the words "a renewal of ....(insert the number of	133356
levies to be renewed) existing taxes."	133357

If the levy submitted is a levy under section 5705.72 of the	133358
Revised Code or a proposal to renew, increase, or decrease an	133359
existing levy imposed under that section, the name of the	133360
subdivision shall be "the unincorporated area of .......... (name	133361
of township)."	133362

The question covered by such resolution shall be submitted as	133363
a separate proposition but may be printed on the same ballot with	133364
any other proposition submitted at the same election, other than	133365
the election of officers. More than one such question may be	133366
submitted at the same election.	133367

(D) A levy voted in excess of the ten-mill limitation under	133368
this section shall be certified to the tax commissioner. In the	133369
first year of the levy, it shall be extended on the tax lists	133370
after the February settlement succeeding the election. If the	133371
additional tax is to be placed upon the tax list of the current	133372
year, as specified in the resolution providing for its submission,	133373
the result of the election shall be certified immediately after	133374
the canvass by the board of elections to the taxing authority, who	133375
shall make the necessary levy and certify it to the county	133376
auditor, who shall extend it on the tax lists for collection.	133377
After the first year, the tax levy shall be included in the annual	133378
tax budget that is certified to the county budget commission.	133379

Sec. 5705.55. (A) The board of directors of a lake	133380
facilities authority, by a vote of two-thirds of all its members,	133381
may at any time declare by resolution that the amount of taxes	133382
which may be raised within the ten-mill limitation by levies on	133383
the current tax duplicate will be insufficient to provide an	133384
adequate amount for the necessary requirements of the authority,	133385
that it is necessary to levy a tax in excess of such limitation	133386
for any of the purposes specified in divisions (A), (B), (F), and	133387
(H) of section 5705.19 of the Revised Code, and that the question	133388
of such additional tax levy shall be submitted by the board to the	133389
electors residing within the boundaries of the impacted lake	133390
district on the day of a primary or general election. The	133391
resolution shall conform to section 5705.19 of the Revised Code,	133392
except that the tax levy may be in effect for no more than five	133393
years, as set forth in the resolution, unless the levy is for the	133394
payment of debt charges, and the total number of mills levied for	133395
each dollar of taxable valuation that may be levied under this	133396
section for any tax year shall not exceed one mill. If the levy is	133397
for the payment of debt charges, the levy shall be for the life of	133398
the bond indebtedness.	133399

The resolution shall specify the date of holding the	133400
election, which shall not be earlier than ninety days after the	133401
adoption and certification of the resolution to the board of	133402
elections. The resolution shall not include a levy on the current	133403
tax list and duplicate unless the election is to be held at or	133404
prior to the first Tuesday after the first Monday in November of	133405
the current tax year.	133406

The resolution shall be certified to the board of elections	133407
of the proper county or counties not less than ninety days before	133408
the date of the election. The resolution shall go into immediate	133409
effect upon its passage, and no publication of the resolution	133410
shall be necessary other than that provided in the notice of	133411
election. Section 5705.25 of the Revised Code shall govern the	133412
arrangements for the submission of such question and other matters	133413
concerning the election, to which that section refers, except that	133414
the election shall be held on the date specified in the	133415
resolution. If a majority of the electors voting on the question	133416
so submitted in an election vote in favor of the levy, the board	133417
of directors may forthwith make the necessary levy within the	133418
boundaries of the impacted lake district at the additional rate in	133419
excess of the ten-mill limitation on the tax list, for the purpose	133420
stated in the resolution. The tax levy shall be included in the	133421
next annual tax budget that is certified to the county budget	133422
commission.	133423

(B) The form of the ballot in an election held on the	133424
question of levying a tax proposed pursuant to this section shall	133425
be as follows or in any other form acceptable to the secretary of	133426
state:	133427

"A tax for the benefit of (name of lake facilities authority)	133428
.......... for the purpose of .......... at a rate not exceeding	133429
......... mills for each one dollar of valuation, which amounts to	133430
(rate expressed in dollars and cents) ............ for each one	133431
hundred dollars of valuation, for ............ (life of	133432
indebtedness or number of years the levy is to run).	133433

133434

		For the Tax Levy			133435
		Against the Tax Levy	"		133436

133437

(C) On approval of the levy, notes may be issued in	133438
anticipation of the collection of the proceeds of the tax levy,	133439
other than the proceeds to be received for the payment of bond	133440
debt charges, in the amount and manner and at the times as are	133441
provided in section 5705.193 of the Revised Code, for the issuance	133442
of notes by a county in anticipation of the proceeds of a tax	133443
levy. The lake facilities authority may borrow money in	133444
anticipation of the collection of current revenues as provided in	133445
section 133.10 of the Revised Code.	133446

(D) If a tax is levied under this section in a tax year, no	133447
other taxing authority of a subdivision or taxing unit, including	133448
a port authority, may levy a tax on property in the impacted lake	133449
district in the same tax year if the purpose of the levy is	133450
substantially the same as the purpose for which the lake	133451
facilities authority of the impacted lake district was created.	133452

Sec. 5709.17. The following property shall be exempted from	133453
taxation:	133454

(A) Real estate held or occupied by an association or	133455
corporation, organized or incorporated under the laws of this	133456
state relative to soldiers' memorial associations, monumental	133457
building associations, or cemetery associations or corporations,	133458
which in the opinion of the trustees, directors, or managers	133459
thereof is necessary and proper to carry out the object intended	133460
for such association or corporation;	133461

(B) Real estate and tangible personal property held or	133462
occupied by a veterans' organization that qualifies for exemption	133463
from taxation under section 501(c)(19) or 501(c)(23) of the	133464
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	133465
amended, and is incorporated under the laws of this state or the	133466
United States, except real estate held by such an organization for	133467
the production of rental ~~or other~~ income in excess of ~~the~~	133468
~~designated amount~~thirty-six thousand dollars in a tax year,	133469
before accounting for any cost or expense incurred in the	133470
production of such income. For the purposes of this division, ~~the~~	133471
~~designated amount equals seven thousand five hundred dollars in~~	133472
~~tax year 2002, and shall be increased by two hundred fifty dollars~~	133473
~~each year thereafter until tax year 2012, when it shall equal ten~~	133474
~~thousand dollars. For tax years 2013 and thereafter, the~~	133475
~~designated amount shall equal ten thousand dollars~~rental income	133476
includes only income arising directly from renting the real estate	133477
to others for consideration.	133478

(C) Tangible personal property held by a corporation	133479
chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in	133480
section 501(c)(3) of the Internal Revenue Code, and exempt from	133481
taxation under section 501(a) of the Internal Revenue Code shall	133482
be exempt from taxation if it is property obtained as described in	133483
112 Stat. 1335-1341, 36 U.S.C.A. Chapter 407.	133484

(D) Real estate held or occupied by a fraternal organization	133485
and used primarily for meetings of and the administration of the	133486
fraternal organization, except real estate held by such an	133487
organization for the production of rental income in excess of	133488
thirty-six thousand dollars in a tax year, before accounting for	133489
any cost or expense incurred in the production of such income. As	133490
used in this division, "rental income" has the same meaning as in	133491
division (B) of this section, and "fraternal organization" means a	133492
domestic fraternal society, order, or association operating under	133493
the lodge, council, or grange system that qualifies for exemption	133494
from taxation under section 501(c)(5), 501(c)(8), or 501(c)(10) of	133495
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1,	133496
as amended; that provides financial support for charitable	133497
purposes, as defined in division (B)(12) of section 5739.02 of the	133498
Revised Code; and that has been operating in this state with a	133499
state governing body for at least one hundred years.	133500

Sec. 5709.40. (A) As used in this section:

133501

(1) "Blighted area" and "impacted city" have the same	133502
meanings as in section 1728.01 of the Revised Code.	133503

(2) "Business day" means a day of the week excluding	133504
Saturday, Sunday, and a legal holiday as defined under section	133505
1.14 of the Revised Code.	133506

(3) "Housing renovation" means a project carried out for	133507
residential purposes.	133508

(4) "Improvement" means the increase in the assessed value of	133509
any real property that would first appear on the tax list and	133510
duplicate of real and public utility property after the effective	133511
date of an ordinance adopted under this section were it not for	133512
the exemption granted by that ordinance.	133513

(5) "Incentive district" means an area not more than three	133514
hundred acres in size enclosed by a continuous boundary in which a	133515
project is being, or will be, undertaken and having one or more of	133516
the following distress characteristics:	133517

(a) At least fifty-one per cent of the residents of the	133518
district have incomes of less than eighty per cent of the median	133519
income of residents of the political subdivision in which the	133520
district is located, as determined in the same manner specified	133521
under section 119(b) of the "Housing and Community Development Act	133522
of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended;	133523

(b) The average rate of unemployment in the district during	133524
the most recent twelve-month period for which data are available	133525
is equal to at least one hundred fifty per cent of the average	133526
rate of unemployment for this state for the same period.	133527

(c) At least twenty per cent of the people residing in the	133528
district live at or below the poverty level as defined in the	133529
federal Housing and Community Development Act of 1974, 42 U.S.C.	133530
5301, as amended, and regulations adopted pursuant to that act.	133531

(d) The district is a blighted area.

133532

(e) The district is in a situational distress area as	133533
designated by the director of development under division (F) of	133534
section 122.23 of the Revised Code.	133535

(f) As certified by the engineer for the political	133536
subdivision, the public infrastructure serving the district is	133537
inadequate to meet the development needs of the district as	133538
evidenced by a written economic development plan or urban renewal	133539
plan for the district that has been adopted by the legislative	133540
authority of the subdivision.	133541

(g) The district is comprised entirely of unimproved land	133542
that is located in a distressed area as defined in section 122.23	133543
of the Revised Code.	133544

(6) "Project" means development activities undertaken on one	133545
or more parcels, including, but not limited to, construction,	133546
expansion, and alteration of buildings or structures, demolition,	133547
remediation, and site development, and any building or structure	133548
that results from those activities.	133549

(7) "Public infrastructure improvement" includes, but is not	133550
limited to, public roads and highways; water and sewer lines;	133551
environmental remediation; land acquisition, including acquisition	133552
in aid of industry, commerce, distribution, or research;	133553
demolition, including demolition on private property when	133554
determined to be necessary for economic development purposes;	133555
stormwater and flood remediation projects, including such projects	133556
on private property when determined to be necessary for public	133557
health, safety, and welfare; the provision of gas, electric, and	133558
communications service facilities; and the enhancement of public	133559
waterways through improvements that allow for greater public	133560
access.	133561

(B) The legislative authority of a municipal corporation, by	133562
ordinance, may declare improvements to certain parcels of real	133563
property located in the municipal corporation to be a public	133564
purpose. Improvements with respect to a parcel that is used or to	133565
be used for residential purposes may be declared a public purpose	133566
under this division only if the parcel is located in a blighted	133567
area of an impacted city. For this purpose, "parcel that is used	133568
or to be used for residential purposes" means a parcel that, as	133569
improved, is used or to be used for purposes that would cause the	133570
tax commissioner to classify the parcel as residential property in	133571
accordance with rules adopted by the commissioner under section	133572
5713.041 of the Revised Code. Except with the approval under	133573
division (D) of this section of the board of education of each	133574
city, local, or exempted village school district within which the	133575
improvements are located, not more than seventy-five per cent of	133576
an improvement thus declared to be a public purpose may be	133577
exempted from real property taxation for a period of not more than	133578
ten years. The ordinance shall specify the percentage of the	133579
improvement to be exempted from taxation and the life of the	133580
exemption.	133581

An ordinance adopted or amended under this division shall	133582
designate the specific public infrastructure improvements made, to	133583
be made, or in the process of being made by the municipal	133584
corporation that directly benefit, or that once made will directly	133585
benefit, the parcels for which improvements are declared to be a	133586
public purpose. The service payments provided for in section	133587
5709.42 of the Revised Code shall be used to finance the public	133588
infrastructure improvements designated in the ordinance, for the	133589
purpose described in division (D)(1) of this section or as	133590
provided in section 5709.43 of the Revised Code.	133591

(C)(1) The legislative authority of a municipal corporation	133592
may adopt an ordinance creating an incentive district and	133593
declaring improvements to parcels within the district to be a	133594
public purpose and, except as provided in division (F) of this	133595
section, exempt from taxation as provided in this section, but no	133596
legislative authority of a municipal corporation that has a	133597
population that exceeds twenty-five thousand, as shown by the most	133598
recent federal decennial census, shall adopt an ordinance that	133599
creates an incentive district if the sum of the taxable value of	133600
real property in the proposed district for the preceding tax year	133601
and the taxable value of all real property in the municipal	133602
corporation that would have been taxable in the preceding year	133603
were it not for the fact that the property was in an existing	133604
incentive district and therefore exempt from taxation exceeds	133605
twenty-five per cent of the taxable value of real property in the	133606
municipal corporation for the preceding tax year. The ordinance	133607
shall delineate the boundary of the district and specifically	133608
identify each parcel within the district. A district may not	133609
include any parcel that is or has been exempted from taxation	133610
under division (B) of this section or that is or has been within	133611
another district created under this division. An ordinance may	133612
create more than one such district, and more than one ordinance	133613
may be adopted under division (C)(1) of this section.	133614

(2) Not later than thirty days prior to adopting an ordinance	133615
under division (C)(1) of this section, if the municipal	133616
corporation intends to apply for exemptions from taxation under	133617
section 5709.911 of the Revised Code on behalf of owners of real	133618
property located within the proposed incentive district, the	133619
legislative authority of a municipal corporation shall conduct a	133620
public hearing on the proposed ordinance. Not later than thirty	133621
days prior to the public hearing, the legislative authority shall	133622
give notice of the public hearing and the proposed ordinance by	133623
first class mail to every real property owner whose property is	133624
located within the boundaries of the proposed incentive district	133625
that is the subject of the proposed ordinance.	133626

(3)(a) An ordinance adopted under division (C)(1) of this	133627
section shall specify the life of the incentive district and the	133628
percentage of the improvements to be exempted, shall designate the	133629
public infrastructure improvements made, to be made, or in the	133630
process of being made, that benefit or serve, or, once made, will	133631
benefit or serve parcels in the district. The ordinance also shall	133632
identify one or more specific projects being, or to be, undertaken	133633
in the district that place additional demand on the public	133634
infrastructure improvements designated in the ordinance. The	133635
project identified may, but need not be, the project under	133636
division (C)(3)(b) of this section that places real property in	133637
use for commercial or industrial purposes. Except as otherwise	133638
permitted under that division, the service payments provided for	133639
in section 5709.42 of the Revised Code shall be used to finance	133640
the designated public infrastructure improvements, for the purpose	133641
described in division (D)(1) or (E) of this section, or as	133642
provided in section 5709.43 of the Revised Code.	133643

An ordinance adopted under division (C)(1) of this section on	133644
or after March 30, 2006, shall not designate police or fire	133645
equipment as public infrastructure improvements, and no service	133646
payment provided for in section 5709.42 of the Revised Code and	133647
received by the municipal corporation under the ordinance shall be	133648
used for police or fire equipment.	133649

(b) An ordinance adopted under division (C)(1) of this	133650
section may authorize the use of service payments provided for in	133651
section 5709.42 of the Revised Code for the purpose of housing	133652
renovations within the incentive district, provided that the	133653
ordinance also designates public infrastructure improvements that	133654
benefit or serve the district, and that a project within the	133655
district places real property in use for commercial or industrial	133656
purposes. Service payments may be used to finance or support	133657
loans, deferred loans, and grants to persons for the purpose of	133658
housing renovations within the district. The ordinance shall	133659
designate the parcels within the district that are eligible for	133660
housing renovation. The ordinance shall state separately the	133661
amounts or the percentages of the expected aggregate service	133662
payments that are designated for each public infrastructure	133663
improvement and for the general purpose of housing renovations.	133664

(4) Except with the approval of the board of education of	133665
each city, local, or exempted village school district within the	133666
territory of which the incentive district is or will be located,	133667
and subject to division (E) of this section, the life of an	133668
incentive district shall not exceed ten years, and the percentage	133669
of improvements to be exempted shall not exceed seventy-five per	133670
cent. With approval of the board of education, the life of a	133671
district may be not more than thirty years, and the percentage of	133672
improvements to be exempted may be not more than one hundred per	133673
cent. The approval of a board of education shall be obtained in	133674
the manner provided in division (D) of this section.	133675

(D)(1) If the ordinance declaring improvements to a parcel to	133676
be a public purpose or creating an incentive district specifies	133677
that payments in lieu of taxes provided for in section 5709.42 of	133678
the Revised Code shall be paid to the city, local, or exempted	133679
village, and joint vocational school district in which the parcel	133680
or incentive district is located in the amount of the taxes that	133681
would have been payable to the school district if the improvements	133682
had not been exempted from taxation, the percentage of the	133683
improvement that may be exempted from taxation may exceed	133684
seventy-five per cent, and the exemption may be granted for up to	133685
thirty years, without the approval of the board of education as	133686
otherwise required under division (D)(2) of this section.	133687

(2) Improvements with respect to a parcel may be exempted	133688
from taxation under division (B) of this section, and improvements	133689
to parcels within an incentive district may be exempted from	133690
taxation under division (C) of this section, for up to ten years	133691
or, with the approval under this paragraph of the board of	133692
education of the city, local, or exempted village school district	133693
within which the parcel or district is located, for up to thirty	133694
years. The percentage of the improvement exempted from taxation	133695
may, with such approval, exceed seventy-five per cent, but shall	133696
not exceed one hundred per cent. Not later than forty-five	133697
business days prior to adopting an ordinance under this section	133698
declaring improvements to be a public purpose that is subject to	133699
approval by a board of education under this division, the	133700
legislative authority shall deliver to the board of education a	133701
notice stating its intent to adopt an ordinance making that	133702
declaration. The notice regarding improvements with respect to a	133703
parcel under division (B) of this section shall identify the	133704
parcels for which improvements are to be exempted from taxation,	133705
provide an estimate of the true value in money of the	133706
improvements, specify the period for which the improvements would	133707
be exempted from taxation and the percentage of the improvement	133708
that would be exempted, and indicate the date on which the	133709
legislative authority intends to adopt the ordinance. The notice	133710
regarding improvements to parcels within an incentive district	133711
under division (C) of this section shall delineate the boundaries	133712
of the district, specifically identify each parcel within the	133713
district, identify each anticipated improvement in the district,	133714
provide an estimate of the true value in money of each such	133715
improvement, specify the life of the district and the percentage	133716
of improvements that would be exempted, and indicate the date on	133717
which the legislative authority intends to adopt the ordinance.	133718
The board of education, by resolution adopted by a majority of the	133719
board, may approve the exemption for the period or for the	133720
exemption percentage specified in the notice; may disapprove the	133721
exemption for the number of years in excess of ten, may disapprove	133722
the exemption for the percentage of the improvement to be exempted	133723
in excess of seventy-five per cent, or both; or may approve the	133724
exemption on the condition that the legislative authority and the	133725
board negotiate an agreement providing for compensation to the	133726
school district equal in value to a percentage of the amount of	133727
taxes exempted in the eleventh and subsequent years of the	133728
exemption period or, in the case of exemption percentages in	133729
excess of seventy-five per cent, compensation equal in value to a	133730
percentage of the taxes that would be payable on the portion of	133731
the improvement in excess of seventy-five per cent were that	133732
portion to be subject to taxation, or other mutually agreeable	133733
compensation. If an agreement is negotiated between the	133734
legislative authority and the board to compensate the school	133735
district for all or part of the taxes exempted, including	133736
agreements for payments in lieu of taxes under section 5709.42 of	133737
the Revised Code, the legislative authority shall compensate the	133738
joint vocational school district within which the parcel or	133739
district is located at the same rate and under the same terms	133740
received by the city, local, or exempted village school district.	133741

(3) The board of education shall certify its resolution to	133742
the legislative authority not later than fourteen days prior to	133743
the date the legislative authority intends to adopt the ordinance	133744
as indicated in the notice. If the board of education and the	133745
legislative authority negotiate a mutually acceptable compensation	133746
agreement, the ordinance may declare the improvements a public	133747
purpose for the number of years specified in the ordinance or, in	133748
the case of exemption percentages in excess of seventy-five per	133749
cent, for the exemption percentage specified in the ordinance. In	133750
either case, if the board and the legislative authority fail to	133751
negotiate a mutually acceptable compensation agreement, the	133752
ordinance may declare the improvements a public purpose for not	133753
more than ten years, and shall not exempt more than seventy-five	133754
per cent of the improvements from taxation. If the board fails to	133755
certify a resolution to the legislative authority within the time	133756
prescribed by this division, the legislative authority thereupon	133757
may adopt the ordinance and may declare the improvements a public	133758
purpose for up to thirty years, or, in the case of exemption	133759
percentages proposed in excess of seventy-five per cent, for the	133760
exemption percentage specified in the ordinance. The legislative	133761
authority may adopt the ordinance at any time after the board of	133762
education certifies its resolution approving the exemption to the	133763
legislative authority, or, if the board approves the exemption on	133764
the condition that a mutually acceptable compensation agreement be	133765
negotiated, at any time after the compensation agreement is agreed	133766
to by the board and the legislative authority.	133767

(4) If a board of education has adopted a resolution waiving	133768
its right to approve exemptions from taxation under this section	133769
and the resolution remains in effect, approval of exemptions by	133770
the board is not required under division (D) of this section. If a	133771
board of education has adopted a resolution allowing a legislative	133772
authority to deliver the notice required under division (D) of	133773
this section fewer than forty-five business days prior to the	133774
legislative authority's adoption of the ordinance, the legislative	133775
authority shall deliver the notice to the board not later than the	133776
number of days prior to such adoption as prescribed by the board	133777
in its resolution. If a board of education adopts a resolution	133778
waiving its right to approve agreements or shortening the	133779
notification period, the board shall certify a copy of the	133780
resolution to the legislative authority. If the board of education	133781
rescinds such a resolution, it shall certify notice of the	133782
rescission to the legislative authority.	133783

(5) If the legislative authority is not required by division	133784
(D) of this section to notify the board of education of the	133785
legislative authority's intent to declare improvements to be a	133786
public purpose, the legislative authority shall comply with the	133787
notice requirements imposed under section 5709.83 of the Revised	133788
Code, unless the board has adopted a resolution under that section	133789
waiving its right to receive such a notice.	133790

(E)(1) If a proposed ordinance under division (C)(1) of this	133791
section exempts improvements with respect to a parcel within an	133792
incentive district for more than ten years, or the percentage of	133793
the improvement exempted from taxation exceeds seventy-five per	133794
cent, not later than forty-five business days prior to adopting	133795
the ordinance the legislative authority of the municipal	133796
corporation shall deliver to the board of county commissioners of	133797
the county within which the incentive district will be located a	133798
notice that states its intent to adopt an ordinance creating an	133799
incentive district. The notice shall include a copy of the	133800
proposed ordinance, identify the parcels for which improvements	133801
are to be exempted from taxation, provide an estimate of the true	133802
value in money of the improvements, specify the period of time for	133803
which the improvements would be exempted from taxation, specify	133804
the percentage of the improvements that would be exempted from	133805
taxation, and indicate the date on which the legislative authority	133806
intends to adopt the ordinance.	133807

(2) The board of county commissioners, by resolution adopted	133808
by a majority of the board, may object to the exemption for the	133809
number of years in excess of ten, may object to the exemption for	133810
the percentage of the improvement to be exempted in excess of	133811
seventy-five per cent, or both. If the board of county	133812
commissioners objects, the board may negotiate a mutually	133813
acceptable compensation agreement with the legislative authority.	133814
In no case shall the compensation provided to the board exceed the	133815
property taxes forgone due to the exemption. If the board of	133816
county commissioners objects, and the board and legislative	133817
authority fail to negotiate a mutually acceptable compensation	133818
agreement, the ordinance adopted under division (C)(1) of this	133819
section shall provide to the board compensation in the eleventh	133820
and subsequent years of the exemption period equal in value to not	133821
more than fifty per cent of the taxes that would be payable to the	133822
county or, if the board's objection includes an objection to an	133823
exemption percentage in excess of seventy-five per cent,	133824
compensation equal in value to not more than fifty per cent of the	133825
taxes that would be payable to the county, on the portion of the	133826
improvement in excess of seventy-five per cent, were that portion	133827
to be subject to taxation. The board of county commissioners shall	133828
certify its resolution to the legislative authority not later than	133829
thirty days after receipt of the notice.	133830

(3) If the board of county commissioners does not object or	133831
fails to certify its resolution objecting to an exemption within	133832
thirty days after receipt of the notice, the legislative authority	133833
may adopt the ordinance, and no compensation shall be provided to	133834
the board of county commissioners. If the board timely certifies	133835
its resolution objecting to the ordinance, the legislative	133836
authority may adopt the ordinance at any time after a mutually	133837
acceptable compensation agreement is agreed to by the board and	133838
the legislative authority, or, if no compensation agreement is	133839
negotiated, at any time after the legislative authority agrees in	133840
the proposed ordinance to provide compensation to the board of	133841
fifty per cent of the taxes that would be payable to the county in	133842
the eleventh and subsequent years of the exemption period or on	133843
the portion of the improvement in excess of seventy-five per cent,	133844
were that portion to be subject to taxation.	133845

(F) Service payments in lieu of taxes that are attributable	133846
to any amount by which the effective tax rate of either a renewal	133847
levy with an increase or a replacement levy exceeds the effective	133848
tax rate of the levy renewed or replaced, or that are attributable	133849
to an additional levy, for a levy authorized by the voters for any	133850
of the following purposes on or after January 1, 2006, and which	133851
are provided pursuant to an ordinance creating an incentive	133852
district under division (C)(1) of this section that is adopted on	133853
or after January 1, 2006, shall be distributed to the appropriate	133854
taxing authority as required under division (C) of section 5709.42	133855
of the Revised Code in an amount equal to the amount of taxes from	133856
that additional levy or from the increase in the effective tax	133857
rate of such renewal or replacement levy that would have been	133858
payable to that taxing authority from the following levies were it	133859
not for the exemption authorized under division (C) of this	133860
section:	133861

(1) A tax levied under division (L) of section 5705.19 or	133862
section 5705.191 of the Revised Code for community mental	133863
retardation and developmental disabilities programs and services	133864
pursuant to Chapter 5126. of the Revised Code;	133865

(2) A tax levied under division (Y) of section 5705.19 of the	133866
Revised Code for providing or maintaining senior citizens services	133867
or facilities;	133868

(3) A tax levied under section 5705.22 of the Revised Code	133869
for county hospitals;	133870

(4) A tax levied by a joint-county district or by a county	133871
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	133872
for alcohol, drug addiction, and mental health services or	133873
facilities;	133874

(5) A tax levied under section 5705.23 of the Revised Code	133875
for library purposes;	133876

(6) A tax levied under section 5705.24 of the Revised Code	133877
for the support of children services and the placement and care of	133878
children;	133879

(7) A tax levied under division (Z) of section 5705.19 of the	133880
Revised Code for the provision and maintenance of zoological park	133881
services and facilities under section 307.76 of the Revised Code;	133882

(8) A tax levied under section 511.27 or division (H) of	133883
section 5705.19 of the Revised Code for the support of township	133884
park districts;	133885

(9) A tax levied under division (A), (F), or (H) of section	133886
5705.19 of the Revised Code for parks and recreational purposes of	133887
a joint recreation district organized pursuant to division (B) of	133888
section 755.14 of the Revised Code;	133889

(10) A tax levied under section 1545.20 or 1545.21 of the	133890
Revised Code for park district purposes;	133891

(11) A tax levied under section 5705.191 of the Revised Code	133892
for the purpose of making appropriations for public assistance;	133893
human or social services; public relief; public welfare; public	133894
health and hospitalization; and support of general hospitals;	133895

(12) A tax levied under section 3709.29 of the Revised Code	133896
for a general health district program.	133897

(G) An exemption from taxation granted under this section	133898
commences with the tax year specified in the ordinance so long as	133899
the year specified in the ordinance commences after the effective	133900
date of the ordinance. If the ordinance specifies a year	133901
commencing before the effective date of the resolution or	133902
specifies no year whatsoever, the exemption commences with the tax	133903
year in which an exempted improvement first appears on the tax	133904
list and duplicate of real and public utility property and that	133905
commences after the effective date of the ordinance. ~~Except~~In	133906
lieu of stating a specific year, the ordinance may provide that	133907
the exemption commences in the tax year in which the value of an	133908
improvement exceeds a specified amount or in which the	133909
construction of one or more improvements is completed, provided	133910
that such tax year commences after the effective date of the	133911
ordinance. With respect to the exemption of improvements to	133912
parcels under division (B) of this section, the ordinance may	133913
allow for the exemption to commence in different tax years on a	133914
parcel-by-parcel basis, with a separate exemption term specified	133915
for each parcel.	133916

Except as otherwise provided in this division, the exemption	133917
ends on the date specified in the ordinance as the date the	133918
improvement ceases to be a public purpose or the incentive	133919
district expires, or ends on the date on which the public	133920
infrastructure improvements and housing renovations are paid in	133921
full from the municipal public improvement tax increment	133922
equivalent fund established under division (A) of section 5709.43	133923
of the Revised Code, whichever occurs first. The exemption of an	133924
improvement with respect to a parcel or within an incentive	133925
district may end on a later date, as specified in the ordinance,	133926
if the legislative authority and the board of education of the	133927
city, local, or exempted village school district within which the	133928
parcel or district is located have entered into a compensation	133929
agreement under section 5709.82 of the Revised Code with respect	133930
to the improvement, and the board of education has approved the	133931
term of the exemption under division (D)(2) of this section, but	133932
in no case shall the improvement be exempted from taxation for	133933
more than thirty years. Exemptions shall be claimed and allowed in	133934
the same manner as in the case of other real property exemptions.	133935
If an exemption status changes during a year, the procedure for	133936
the apportionment of the taxes for that year is the same as in the	133937
case of other changes in tax exemption status during the year.	133938

(H) Additional municipal financing of public infrastructure	133939
improvements and housing renovations may be provided by any	133940
methods that the municipal corporation may otherwise use for	133941
financing such improvements or renovations. If the municipal	133942
corporation issues bonds or notes to finance the public	133943
infrastructure improvements and housing renovations and pledges	133944
money from the municipal public improvement tax increment	133945
equivalent fund to pay the interest on and principal of the bonds	133946
or notes, the bonds or notes are not subject to Chapter 133. of	133947
the Revised Code.	133948

(I) The municipal corporation, not later than fifteen days	133949
after the adoption of an ordinance under this section, shall	133950
submit to the director of development a copy of the ordinance. On	133951
or before the thirty-first day of March of each year, the	133952
municipal corporation shall submit a status report to the director	133953
of development. The report shall indicate, in the manner	133954
prescribed by the director, the progress of the project during	133955
each year that an exemption remains in effect, including a summary	133956
of the receipts from service payments in lieu of taxes;	133957
expenditures of money from the funds created under section 5709.43	133958
of the Revised Code; a description of the public infrastructure	133959
improvements and housing renovations financed with such	133960
expenditures; and a quantitative summary of changes in employment	133961
and private investment resulting from each project.	133962

(J) Nothing in this section shall be construed to prohibit a	133963
legislative authority from declaring to be a public purpose	133964
improvements with respect to more than one parcel.	133965

(K) If a parcel is located in a new community district in	133966
which the new community authority imposes a community development	133967
charge on the basis of rentals received from leases of real	133968
property as described in division (L)(2) of section 349.01 of the	133969
Revised Code, the parcel may not be exempted from taxation under	133970
this section.	133971

Sec. 5709.73. (A) As used in this section and section	133972
5709.74 of the Revised Code:	133973

(1) "Business day" means a day of the week excluding	133974
Saturday, Sunday, and a legal holiday as defined in section 1.14	133975
of the Revised Code.	133976

(2) "Further improvements" or "improvements" means the	133977
increase in the assessed value of real property that would first	133978
appear on the tax list and duplicate of real and public utility	133979
property after the effective date of a resolution adopted under	133980
this section were it not for the exemption granted by that	133981
resolution. For purposes of division (B) of this section,	133982
"improvements" do not include any property used or to be used for	133983
residential purposes. For this purpose, "property that is used or	133984
to be used for residential purposes" means property that, as	133985
improved, is used or to be used for purposes that would cause the	133986
tax commissioner to classify the property as residential property	133987
in accordance with rules adopted by the commissioner under section	133988
5713.041 of the Revised Code.	133989

(3) "Housing renovation" means a project carried out for	133990
residential purposes.	133991

(4) "Incentive district" has the same meaning as in section	133992
5709.40 of the Revised Code, except that a blighted area is in the	133993
unincorporated area of a township.	133994

(5) "Project" and "public infrastructure improvement" have	133995
the same meanings as in section 5709.40 of the Revised Code.	133996

(B) A board of township trustees may, by unanimous vote,	133997
adopt a resolution that declares to be a public purpose any public	133998
infrastructure improvements made that are necessary for the	133999
development of certain parcels of land located in the	134000
unincorporated area of the township. Except with the approval	134001
under division (D) of this section of the board of education of	134002
each city, local, or exempted village school district within which	134003
the improvements are located, the resolution may exempt from real	134004
property taxation not more than seventy-five per cent of further	134005
improvements to a parcel of land that directly benefits from the	134006
public infrastructure improvements, for a period of not more than	134007
ten years. The resolution shall specify the percentage of the	134008
further improvements to be exempted and the life of the exemption.	134009

(C)(1) A board of township trustees may adopt, by unanimous	134010
vote, a resolution creating an incentive district and declaring	134011
improvements to parcels within the district to be a public purpose	134012
and, except as provided in division (F) of this section, exempt	134013
from taxation as provided in this section, but no board of	134014
township trustees of a township that has a population that exceeds	134015
twenty-five thousand, as shown by the most recent federal	134016
decennial census, shall adopt a resolution that creates an	134017
incentive district if the sum of the taxable value of real	134018
property in the proposed district for the preceding tax year and	134019
the taxable value of all real property in the township that would	134020
have been taxable in the preceding year were it not for the fact	134021
that the property was in an existing incentive district and	134022
therefore exempt from taxation exceeds twenty-five per cent of the	134023
taxable value of real property in the township for the preceding	134024
tax year. The district shall be located within the unincorporated	134025
area of the township and shall not include any territory that is	134026
included within a district created under division (B) of section	134027
5709.78 of the Revised Code. The resolution shall delineate the	134028
boundary of the district and specifically identify each parcel	134029
within the district. A district may not include any parcel that is	134030
or has been exempted from taxation under division (B) of this	134031
section or that is or has been within another district created	134032
under this division. A resolution may create more than one	134033
district, and more than one resolution may be adopted under	134034
division (C)(1) of this section.	134035

(2) Not later than thirty days prior to adopting a resolution	134036
under division (C)(1) of this section, if the township intends to	134037
apply for exemptions from taxation under section 5709.911 of the	134038
Revised Code on behalf of owners of real property located within	134039
the proposed incentive district, the board shall conduct a public	134040
hearing on the proposed resolution. Not later than thirty days	134041
prior to the public hearing, the board shall give notice of the	134042
public hearing and the proposed resolution by first class mail to	134043
every real property owner whose property is located within the	134044
boundaries of the proposed incentive district that is the subject	134045
of the proposed resolution.	134046

(3)(a) A resolution adopted under division (C)(1) of this	134047
section shall specify the life of the incentive district and the	134048
percentage of the improvements to be exempted, shall designate the	134049
public infrastructure improvements made, to be made, or in the	134050
process of being made, that benefit or serve, or, once made, will	134051
benefit or serve parcels in the district. The resolution also	134052
shall identify one or more specific projects being, or to be,	134053
undertaken in the district that place additional demand on the	134054
public infrastructure improvements designated in the resolution.	134055
The project identified may, but need not be, the project under	134056
division (C)(3)(b) of this section that places real property in	134057
use for commercial or industrial purposes.	134058

A resolution adopted under division (C)(1) of this section on	134059
or after March 30, 2006, shall not designate police or fire	134060
equipment as public infrastructure improvements, and no service	134061
payment provided for in section 5709.74 of the Revised Code and	134062
received by the township under the resolution shall be used for	134063
police or fire equipment.	134064

(b) A resolution adopted under division (C)(1) of this	134065
section may authorize the use of service payments provided for in	134066
section 5709.74 of the Revised Code for the purpose of housing	134067
renovations within the incentive district, provided that the	134068
resolution also designates public infrastructure improvements that	134069
benefit or serve the district, and that a project within the	134070
district places real property in use for commercial or industrial	134071
purposes. Service payments may be used to finance or support	134072
loans, deferred loans, and grants to persons for the purpose of	134073
housing renovations within the district. The resolution shall	134074
designate the parcels within the district that are eligible for	134075
housing renovations. The resolution shall state separately the	134076
amount or the percentages of the expected aggregate service	134077
payments that are designated for each public infrastructure	134078
improvement and for the purpose of housing renovations.	134079

(4) Except with the approval of the board of education of	134080
each city, local, or exempted village school district within the	134081
territory of which the incentive district is or will be located,	134082
and subject to division (E) of this section, the life of an	134083
incentive district shall not exceed ten years, and the percentage	134084
of improvements to be exempted shall not exceed seventy-five per	134085
cent. With approval of the board of education, the life of a	134086
district may be not more than thirty years, and the percentage of	134087
improvements to be exempted may be not more than one hundred per	134088
cent. The approval of a board of education shall be obtained in	134089
the manner provided in division (D) of this section.	134090

(D) Improvements with respect to a parcel may be exempted	134091
from taxation under division (B) of this section, and improvements	134092
to parcels within an incentive district may be exempted from	134093
taxation under division (C) of this section, for up to ten years	134094
or, with the approval of the board of education of the city,	134095
local, or exempted village school district within which the parcel	134096
or district is located, for up to thirty years. The percentage of	134097
the improvements exempted from taxation may, with such approval,	134098
exceed seventy-five per cent, but shall not exceed one hundred per	134099
cent. Not later than forty-five business days prior to adopting a	134100
resolution under this section declaring improvements to be a	134101
public purpose that is subject to approval by a board of education	134102
under this division, the board of township trustees shall deliver	134103
to the board of education a notice stating its intent to adopt a	134104
resolution making that declaration. The notice regarding	134105
improvements with respect to a parcel under division (B) of this	134106
section shall identify the parcels for which improvements are to	134107
be exempted from taxation, provide an estimate of the true value	134108
in money of the improvements, specify the period for which the	134109
improvements would be exempted from taxation and the percentage of	134110
the improvements that would be exempted, and indicate the date on	134111
which the board of township trustees intends to adopt the	134112
resolution. The notice regarding improvements made under division	134113
(C) of this section to parcels within an incentive district shall	134114
delineate the boundaries of the district, specifically identify	134115
each parcel within the district, identify each anticipated	134116
improvement in the district, provide an estimate of the true value	134117
in money of each such improvement, specify the life of the	134118
district and the percentage of improvements that would be	134119
exempted, and indicate the date on which the board of township	134120
trustees intends to adopt the resolution. The board of education,	134121
by resolution adopted by a majority of the board, may approve the	134122
exemption for the period or for the exemption percentage specified	134123
in the notice; may disapprove the exemption for the number of	134124
years in excess of ten, may disapprove the exemption for the	134125
percentage of the improvements to be exempted in excess of	134126
seventy-five per cent, or both; or may approve the exemption on	134127
the condition that the board of township trustees and the board of	134128
education negotiate an agreement providing for compensation to the	134129
school district equal in value to a percentage of the amount of	134130
taxes exempted in the eleventh and subsequent years of the	134131
exemption period or, in the case of exemption percentages in	134132
excess of seventy-five per cent, compensation equal in value to a	134133
percentage of the taxes that would be payable on the portion of	134134
the improvements in excess of seventy-five per cent were that	134135
portion to be subject to taxation, or other mutually agreeable	134136
compensation.	134137

The board of education shall certify its resolution to the	134138
board of township trustees not later than fourteen days prior to	134139
the date the board of township trustees intends to adopt the	134140
resolution as indicated in the notice. If the board of education	134141
and the board of township trustees negotiate a mutually acceptable	134142
compensation agreement, the resolution may declare the	134143
improvements a public purpose for the number of years specified in	134144
the resolution or, in the case of exemption percentages in excess	134145
of seventy-five per cent, for the exemption percentage specified	134146
in the resolution. In either case, if the board of education and	134147
the board of township trustees fail to negotiate a mutually	134148
acceptable compensation agreement, the resolution may declare the	134149
improvements a public purpose for not more than ten years, and	134150
shall not exempt more than seventy-five per cent of the	134151
improvements from taxation. If the board of education fails to	134152
certify a resolution to the board of township trustees within the	134153
time prescribed by this section, the board of township trustees	134154
thereupon may adopt the resolution and may declare the	134155
improvements a public purpose for up to thirty years or, in the	134156
case of exemption percentages proposed in excess of seventy-five	134157
per cent, for the exemption percentage specified in the	134158
resolution. The board of township trustees may adopt the	134159
resolution at any time after the board of education certifies its	134160
resolution approving the exemption to the board of township	134161
trustees, or, if the board of education approves the exemption on	134162
the condition that a mutually acceptable compensation agreement be	134163
negotiated, at any time after the compensation agreement is agreed	134164
to by the board of education and the board of township trustees.	134165
If a mutually acceptable compensation agreement is negotiated	134166
between the board of township trustees and the board of education,	134167
including agreements for payments in lieu of taxes under section	134168
5709.74 of the Revised Code, the board of township trustees shall	134169
compensate the joint vocational school district within which the	134170
parcel or district is located at the same rate and under the same	134171
terms received by the city, local, or exempted village school	134172
district.	134173

If a board of education has adopted a resolution waiving its	134174
right to approve exemptions from taxation under this section and	134175
the resolution remains in effect, approval of such exemptions by	134176
the board of education is not required under division (D) of this	134177
section. If a board of education has adopted a resolution allowing	134178
a board of township trustees to deliver the notice required under	134179
division (D) of this section fewer than forty-five business days	134180
prior to adoption of the resolution by the board of township	134181
trustees, the board of township trustees shall deliver the notice	134182
to the board of education not later than the number of days prior	134183
to the adoption as prescribed by the board of education in its	134184
resolution. If a board of education adopts a resolution waiving	134185
its right to approve exemptions or shortening the notification	134186
period, the board of education shall certify a copy of the	134187
resolution to the board of township trustees. If the board of	134188
education rescinds the resolution, it shall certify notice of the	134189
rescission to the board of township trustees.	134190

If the board of township trustees is not required by division	134191
(D) of this section to notify the board of education of the board	134192
of township trustees' intent to declare improvements to be a	134193
public purpose, the board of township trustees shall comply with	134194
the notice requirements imposed under section 5709.83 of the	134195
Revised Code before taking formal action to adopt the resolution	134196
making that declaration, unless the board of education has adopted	134197
a resolution under that section waiving its right to receive the	134198
notice.	134199

(E)(1) If a proposed resolution under division (C)(1) of this	134200
section exempts improvements with respect to a parcel within an	134201
incentive district for more than ten years, or the percentage of	134202
the improvement exempted from taxation exceeds seventy-five per	134203
cent, not later than forty-five business days prior to adopting	134204
the resolution the board of township trustees shall deliver to the	134205
board of county commissioners of the county within which the	134206
incentive district is or will be located a notice that states its	134207
intent to adopt a resolution creating an incentive district. The	134208
notice shall include a copy of the proposed resolution, identify	134209
the parcels for which improvements are to be exempted from	134210
taxation, provide an estimate of the true value in money of the	134211
improvements, specify the period of time for which the	134212
improvements would be exempted from taxation, specify the	134213
percentage of the improvements that would be exempted from	134214
taxation, and indicate the date on which the board of township	134215
trustees intends to adopt the resolution.	134216

(2) The board of county commissioners, by resolution adopted	134217
by a majority of the board, may object to the exemption for the	134218
number of years in excess of ten, may object to the exemption for	134219
the percentage of the improvement to be exempted in excess of	134220
seventy-five per cent, or both. If the board of county	134221
commissioners objects, the board may negotiate a mutually	134222
acceptable compensation agreement with the board of township	134223
trustees. In no case shall the compensation provided to the board	134224
of county commissioners exceed the property taxes foregone due to	134225
the exemption. If the board of county commissioners objects, and	134226
the board of county commissioners and board of township trustees	134227
fail to negotiate a mutually acceptable compensation agreement,	134228
the resolution adopted under division (C)(1) of this section shall	134229
provide to the board of county commissioners compensation in the	134230
eleventh and subsequent years of the exemption period equal in	134231
value to not more than fifty per cent of the taxes that would be	134232
payable to the county or, if the board of county commissioner's	134233
objection includes an objection to an exemption percentage in	134234
excess of seventy-five per cent, compensation equal in value to	134235
not more than fifty per cent of the taxes that would be payable to	134236
the county, on the portion of the improvement in excess of	134237
seventy-five per cent, were that portion to be subject to	134238
taxation. The board of county commissioners shall certify its	134239
resolution to the board of township trustees not later than thirty	134240
days after receipt of the notice.	134241

(3) If the board of county commissioners does not object or	134242
fails to certify its resolution objecting to an exemption within	134243
thirty days after receipt of the notice, the board of township	134244
trustees may adopt its resolution, and no compensation shall be	134245
provided to the board of county commissioners. If the board of	134246
county commissioners timely certifies its resolution objecting to	134247
the trustees' resolution, the board of township trustees may adopt	134248
its resolution at any time after a mutually acceptable	134249
compensation agreement is agreed to by the board of county	134250
commissioners and the board of township trustees, or, if no	134251
compensation agreement is negotiated, at any time after the board	134252
of township trustees agrees in the proposed resolution to provide	134253
compensation to the board of county commissioners of fifty per	134254
cent of the taxes that would be payable to the county in the	134255
eleventh and subsequent years of the exemption period or on the	134256
portion of the improvement in excess of seventy-five per cent,	134257
were that portion to be subject to taxation.	134258

(F) Service payments in lieu of taxes that are attributable	134259
to any amount by which the effective tax rate of either a renewal	134260
levy with an increase or a replacement levy exceeds the effective	134261
tax rate of the levy renewed or replaced, or that are attributable	134262
to an additional levy, for a levy authorized by the voters for any	134263
of the following purposes on or after January 1, 2006, and which	134264
are provided pursuant to a resolution creating an incentive	134265
district under division (C)(1) of this section that is adopted on	134266
or after January 1, 2006, shall be distributed to the appropriate	134267
taxing authority as required under division (C) of section 5709.74	134268
of the Revised Code in an amount equal to the amount of taxes from	134269
that additional levy or from the increase in the effective tax	134270
rate of such renewal or replacement levy that would have been	134271
payable to that taxing authority from the following levies were it	134272
not for the exemption authorized under division (C) of this	134273
section:	134274

(1) A tax levied under division (L) of section 5705.19 or	134275
section 5705.191 of the Revised Code for community mental	134276
retardation and developmental disabilities programs and services	134277
pursuant to Chapter 5126. of the Revised Code;	134278

(2) A tax levied under division (Y) of section 5705.19 of the	134279
Revised Code for providing or maintaining senior citizens services	134280
or facilities;	134281

(3) A tax levied under section 5705.22 of the Revised Code	134282
for county hospitals;	134283

(4) A tax levied by a joint-county district or by a county	134284
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	134285
for alcohol, drug addiction, and mental health services or	134286
families;	134287

(5) A tax levied under section 5705.23 of the Revised Code	134288
for library purposes;	134289

(6) A tax levied under section 5705.24 of the Revised Code	134290
for the support of children services and the placement and care of	134291
children;	134292

(7) A tax levied under division (Z) of section 5705.19 of the	134293
Revised Code for the provision and maintenance of zoological park	134294
services and facilities under section 307.76 of the Revised Code;	134295

(8) A tax levied under section 511.27 or division (H) of	134296
section 5705.19 of the Revised Code for the support of township	134297
park districts;	134298

(9) A tax levied under division (A), (F), or (H) of section	134299
5705.19 of the Revised Code for parks and recreational purposes of	134300
a joint recreation district organized pursuant to division (B) of	134301
section 755.14 of the Revised Code;	134302

(10) A tax levied under section 1545.20 or 1545.21 of the	134303
Revised Code for park district purposes;	134304

(11) A tax levied under section 5705.191 of the Revised Code	134305
for the purpose of making appropriations for public assistance;	134306
human or social services; public relief; public welfare; public	134307
health and hospitalization; and support of general hospitals;	134308

(12) A tax levied under section 3709.29 of the Revised Code	134309
for a general health district program.	134310

(G) An exemption from taxation granted under this section	134311
commences with the tax year specified in the resolution so long as	134312
the year specified in the resolution commences after the effective	134313
date of the resolution. If the resolution specifies a year	134314
commencing before the effective date of the resolution or	134315
specifies no year whatsoever, the exemption commences with the tax	134316
year in which an exempted improvement first appears on the tax	134317
list and duplicate of real and public utility property and that	134318
commences after the effective date of the resolution. ~~Except~~In	134319
lieu of stating a specific year, the resolution may provide that	134320
the exemption commences in the tax year in which the value of an	134321
improvement exceeds a specified amount or in which the	134322
construction of one or more improvements is completed, provided	134323
that such tax year commences after the effective date of the	134324
resolution. With respect to the exemption of improvements to	134325
parcels under division (B) of this section, the resolution may	134326
allow for the exemption to commence in different tax years on a	134327
parcel-by-parcel basis, with a separate exemption term specified	134328
for each parcel.	134329

Except as otherwise provided in this division, the exemption	134330
ends on the date specified in the resolution as the date the	134331
improvement ceases to be a public purpose or the incentive	134332
district expires, or ends on the date on which the public	134333
infrastructure improvements and housing renovations are paid in	134334
full from the township public improvement tax increment equivalent	134335
fund established under section 5709.75 of the Revised Code,	134336
whichever occurs first. The exemption of an improvement with	134337
respect to a parcel or within an incentive district may end on a	134338
later date, as specified in the resolution, if the board of	134339
township trustees and the board of education of the city, local,	134340
or exempted village school district within which the parcel or	134341
district is located have entered into a compensation agreement	134342
under section 5709.82 of the Revised Code with respect to the	134343
improvement and the board of education has approved the term of	134344
the exemption under division (D) of this section, but in no case	134345
shall the improvement be exempted from taxation for more than	134346
thirty years. The board of township trustees may, by majority	134347
vote, adopt a resolution permitting the township to enter into	134348
such agreements as the board finds necessary or appropriate to	134349
provide for the construction or undertaking of public	134350
infrastructure improvements and housing renovations. Any exemption	134351
shall be claimed and allowed in the same or a similar manner as in	134352
the case of other real property exemptions. If an exemption status	134353
changes during a tax year, the procedure for the apportionment of	134354
the taxes for that year is the same as in the case of other	134355
changes in tax exemption status during the year.	134356

(H) The board of township trustees may issue the notes of the	134357
township to finance all costs pertaining to the construction or	134358
undertaking of public infrastructure improvements and housing	134359
renovations made pursuant to this section. The notes shall be	134360
signed by the board and attested by the signature of the township	134361
fiscal officer, shall bear interest not to exceed the rate	134362
provided in section 9.95 of the Revised Code, and are not subject	134363
to Chapter 133. of the Revised Code. The resolution authorizing	134364
the issuance of the notes shall pledge the funds of the township	134365
public improvement tax increment equivalent fund established	134366
pursuant to section 5709.75 of the Revised Code to pay the	134367
interest on and principal of the notes. The notes, which may	134368
contain a clause permitting prepayment at the option of the board,	134369
shall be offered for sale on the open market or given to the	134370
vendor or contractor if no sale is made.	134371

(I) The township, not later than fifteen days after the	134372
adoption of a resolution under this section, shall submit to the	134373
director of development a copy of the resolution. On or before the	134374
thirty-first day of March of each year, the township shall submit	134375
a status report to the director of development. The report shall	134376
indicate, in the manner prescribed by the director, the progress	134377
of the project during each year that the exemption remains in	134378
effect, including a summary of the receipts from service payments	134379
in lieu of taxes; expenditures of money from the fund created	134380
under section 5709.75 of the Revised Code; a description of the	134381
public infrastructure improvements and housing renovations	134382
financed with the expenditures; and a quantitative summary of	134383
changes in private investment resulting from each project.	134384

(J) Nothing in this section shall be construed to prohibit a	134385
board of township trustees from declaring to be a public purpose	134386
improvements with respect to more than one parcel.	134387

If a parcel is located in a new community district in which	134388
the new community authority imposes a community development charge	134389
on the basis of rentals received from leases of real property as	134390
described in division (L)(2) of section 349.01 of the Revised	134391
Code, the parcel may not be exempted from taxation under this	134392
section.	134393

(K) A board of township trustees that adopted a resolution	134394
under this section prior to July 21, 1994, may amend that	134395
resolution to include any additional public infrastructure	134396
improvement. A board of township trustees that seeks by the	134397
amendment to utilize money from its township public improvement	134398
tax increment equivalent fund for land acquisition in aid of	134399
industry, commerce, distribution, or research, demolition on	134400
private property, or stormwater and flood remediation projects may	134401
do so provided that the board currently is a party to a	134402
hold-harmless agreement with the board of education of the city,	134403
local, or exempted village school district within the territory of	134404
which are located the parcels that are subject to an exemption.	134405
For the purposes of this division, a "hold-harmless agreement"	134406
means an agreement under which the board of township trustees	134407
agrees to compensate the school district for one hundred per cent	134408
of the tax revenue that the school district would have received	134409
from further improvements to parcels designated in the resolution	134410
were it not for the exemption granted by the resolution.	134411

Sec. 5709.75. (A) Any township that receives service payments	134412
in lieu of taxes under section 5709.74 of the Revised Code shall	134413
establish a township public improvement tax increment equivalent	134414
fund into which those payments shall be deposited. If the board of	134415
township trustees has adopted a resolution under division (C) of	134416
section 5709.73 of the Revised Code, the township shall establish	134417
at least one account in that fund with respect to resolutions	134418
adopted under division (B) of that section, and one account with	134419
respect to each incentive district created by a resolution adopted	134420
under division (C) of that section. If a resolution adopted under	134421
division (C) of section 5709.73 of the Revised Code also	134422
authorizes the use of service payments for housing renovations	134423
within the incentive district, the township shall establish	134424
separate accounts for the service payments designated for public	134425
infrastructure improvements and for the service payments	134426
authorized for the purpose of housing renovations.	134427

(B) Except as otherwise provided in division (C) or (D) of	134428
this section, money deposited in an account of the township public	134429
improvement tax increment equivalent fund shall be used by the	134430
township to pay the costs of public infrastructure improvements	134431
designated in or the housing renovations authorized by the	134432
resolution with respect to which the account is established,	134433
including any interest on and principal of the notes; in the case	134434
of an account established with respect to a resolution adopted	134435
under division (C) of that section, money in the account shall be	134436
used to finance the public infrastructure improvements designated,	134437
or the housing renovations authorized, for each incentive district	134438
created in the resolution. Money in an account shall not be used	134439
to finance or support housing renovations that take place after	134440
the incentive district has expired.	134441

(C)(1)(a) A township may distribute money in such an account	134442
to any school district in which the exempt property is located in	134443
an amount not to exceed the amount of real property taxes that	134444
such school district would have received from the improvement if	134445
it were not exempt from taxation. The resolution establishing the	134446
fund shall set forth the percentage of such maximum amount that	134447
will be distributed to any affected school district.	134448

(b) A township also may distribute money in such an account	134449
as follows:	134450

(i) To a board of county commissioners, in the amount that is	134451
owed to the board pursuant to division (E) of section 5709.73 of	134452
the Revised Code;	134453

(ii) To a county in accordance with section 5709.913 of the	134454
Revised Code.	134455

(2) Money from an account in a township public improvement	134456
tax increment equivalent fund may be distributed under division	134457
(C)(1)(b) of this section, regardless of the date a resolution was	134458
adopted under section 5709.73 of the Revised Code that prompted	134459
the establishment of the account, even if the resolution was	134460
adopted prior to March 30, 2006.	134461

(D) A board of township trustees that adopted a resolution	134462
under ~~division (B) of~~ section 5709.73 of the Revised Code ~~before~~	134463
~~January 1, 1995,~~ and that, with respect to property exempted under	134464
such a resolution, is party to a hold-harmless or service	134465
agreement, may appropriate and expend unencumbered money in the	134466
fund to pay current public safety expenses of the township. A	134467
township appropriating and expending money under this division	134468
shall reimburse the fund for the sum so appropriated and expended	134469
not later than the day the exemption granted under the resolution	134470
expires. For the purposes of this division, a "hold-harmless	134471
agreement" is an agreement with the board of education of a city,	134472
local, or exempted village school district under which the board	134473
of township trustees agrees to compensate the school district for	134474
one hundred per cent of the tax revenue the school district would	134475
have received from improvements to parcels designated in the	134476
resolution were it not for the exemption granted by the	134477
resolution.	134478

(E) Any ~~incidental surplus~~unencumbered money remaining in	134479
the township public improvement tax increment equivalent fund or	134480
an account of that fund upon dissolution of the account or fund	134481
shall be transferred to the general fund of the township.	134482

Sec. 5709.78. (A) A board of county commissioners may, by	134483
resolution, declare improvements to certain parcels of real	134484
property located in the unincorporated territory of the county to	134485
be a public purpose. Except with the approval under division (C)	134486
of this section of the board of education of each city, local, or	134487
exempted village school district within which the improvements are	134488
located, not more than seventy-five per cent of an improvement	134489
thus declared to be a public purpose may be exempted from real	134490
property taxation, for a period of not more than ten years. The	134491
resolution shall specify the percentage of the improvement to be	134492
exempted and the life of the exemption.	134493

A resolution adopted under this division shall designate the	134494
specific public infrastructure improvements made, to be made, or	134495
in the process of being made by the county that directly benefit,	134496
or that once made will directly benefit, the parcels for which	134497
improvements are declared to be a public purpose. The service	134498
payments provided for in section 5709.79 of the Revised Code shall	134499
be used to finance the public infrastructure improvements	134500
designated in the resolution, or as provided in section 5709.80 of	134501
the Revised Code.	134502

(B)(1) A board of county commissioners may adopt a resolution	134503
creating an incentive district and declaring improvements to	134504
parcels within the district to be a public purpose and, except as	134505
provided in division (E) of this section, exempt from taxation as	134506
provided in this section, but no board of county commissioners of	134507
a county that has a population that exceeds twenty-five thousand,	134508
as shown by the most recent federal decennial census, shall adopt	134509
a resolution that creates an incentive district if the sum of the	134510
taxable value of real property in the proposed district for the	134511
preceding tax year and the taxable value of all real property in	134512
the county that would have been taxable in the preceding year were	134513
it not for the fact that the property was in an existing incentive	134514
district and therefore exempt from taxation exceeds twenty-five	134515
per cent of the taxable value of real property in the county for	134516
the preceding tax year. The district shall be located within the	134517
unincorporated territory of the county and shall not include any	134518
territory that is included within a district created under	134519
division (C) of section 5709.73 of the Revised Code. The	134520
resolution shall delineate the boundary of the district and	134521
specifically identify each parcel within the district. A district	134522
may not include any parcel that is or has been exempted from	134523
taxation under division (A) of this section or that is or has been	134524
within another district created under this division. A resolution	134525
may create more than one such district, and more than one	134526
resolution may be adopted under division (B)(1) of this section.	134527

(2) Not later than thirty days prior to adopting a resolution	134528
under division (B)(1) of this section, if the county intends to	134529
apply for exemptions from taxation under section 5709.911 of the	134530
Revised Code on behalf of owners of real property located within	134531
the proposed incentive district, the board of county commissioners	134532
shall conduct a public hearing on the proposed resolution. Not	134533
later than thirty days prior to the public hearing, the board	134534
shall give notice of the public hearing and the proposed	134535
resolution by first class mail to every real property owner whose	134536
property is located within the boundaries of the proposed	134537
incentive district that is the subject of the proposed resolution.	134538
The board also shall provide the notice by first class mail to the	134539
clerk of each township in which the proposed incentive district	134540
will be located.	134541

(3)(a) A resolution adopted under division (B)(1) of this	134542
section shall specify the life of the incentive district and the	134543
percentage of the improvements to be exempted, shall designate the	134544
public infrastructure improvements made, to be made, or in the	134545
process of being made, that benefit or serve, or, once made, will	134546
benefit or serve parcels in the district. The resolution also	134547
shall identify one or more specific projects being, or to be,	134548
undertaken in the district that place additional demand on the	134549
public infrastructure improvements designated in the resolution.	134550
The project identified may, but need not be, the project under	134551
division (B)(3)(b) of this section that places real property in	134552
use for commercial or industrial purposes.	134553

A resolution adopted under division (B)(1) of this section on	134554
or after March 30, 2006, shall not designate police or fire	134555
equipment as public infrastructure improvements, and no service	134556
payment provided for in section 5709.79 of the Revised Code and	134557
received by the county under the resolution shall be used for	134558
police or fire equipment.	134559

(b) A resolution adopted under division (B)(1) of this	134560
section may authorize the use of service payments provided for in	134561
section 5709.79 of the Revised Code for the purpose of housing	134562
renovations within the incentive district, provided that the	134563
resolution also designates public infrastructure improvements that	134564
benefit or serve the district, and that a project within the	134565
district places real property in use for commercial or industrial	134566
purposes. Service payments may be used to finance or support	134567
loans, deferred loans, and grants to persons for the purpose of	134568
housing renovations within the district. The resolution shall	134569
designate the parcels within the district that are eligible for	134570
housing renovations. The resolution shall state separately the	134571
amount or the percentages of the expected aggregate service	134572
payments that are designated for each public infrastructure	134573
improvement and for the purpose of housing renovations.	134574

(4) Except with the approval of the board of education of	134575
each city, local, or exempted village school district within the	134576
territory of which the incentive district is or will be located,	134577
and subject to division (D) of this section, the life of an	134578
incentive district shall not exceed ten years, and the percentage	134579
of improvements to be exempted shall not exceed seventy-five per	134580
cent. With approval of the board of education, the life of a	134581
district may be not more than thirty years, and the percentage of	134582
improvements to be exempted may be not more than one hundred per	134583
cent. The approval of a board of education shall be obtained in	134584
the manner provided in division (C) of this section.	134585

(C)(1) Improvements with respect to a parcel may be exempted	134586
from taxation under division (A) of this section, and improvements	134587
to parcels within an incentive district may be exempted from	134588
taxation under division (B) of this section, for up to ten years	134589
or, with the approval of the board of education of each city,	134590
local, or exempted village school district within which the parcel	134591
or district is located, for up to thirty years. The percentage of	134592
the improvements exempted from taxation may, with such approval,	134593
exceed seventy-five per cent, but shall not exceed one hundred per	134594
cent. Not later than forty-five business days prior to adopting a	134595
resolution under this section declaring improvements to be a	134596
public purpose that is subject to the approval of a board of	134597
education under this division, the board of county commissioners	134598
shall deliver to the board of education a notice stating its	134599
intent to adopt a resolution making that declaration. The notice	134600
regarding improvements with respect to a parcel under division (A)	134601
of this section shall identify the parcels for which improvements	134602
are to be exempted from taxation, provide an estimate of the true	134603
value in money of the improvements, specify the period for which	134604
the improvements would be exempted from taxation and the	134605
percentage of the improvements that would be exempted, and	134606
indicate the date on which the board of county commissioners	134607
intends to adopt the resolution. The notice regarding improvements	134608
to parcels within an incentive district under division (B) of this	134609
section shall delineate the boundaries of the district,	134610
specifically identify each parcel within the district, identify	134611
each anticipated improvement in the district, provide an estimate	134612
of the true value in money of each such improvement, specify the	134613
life of the district and the percentage of improvements that would	134614
be exempted, and indicate the date on which the board of county	134615
commissioners intends to adopt the resolution. The board of	134616
education, by resolution adopted by a majority of the board, may	134617
approve the exemption for the period or for the exemption	134618
percentage specified in the notice; may disapprove the exemption	134619
for the number of years in excess of ten, may disapprove the	134620
exemption for the percentage of the improvements to be exempted in	134621
excess of seventy-five per cent, or both; or may approve the	134622
exemption on the condition that the board of county commissioners	134623
and the board of education negotiate an agreement providing for	134624
compensation to the school district equal in value to a percentage	134625
of the amount of taxes exempted in the eleventh and subsequent	134626
years of the exemption period or, in the case of exemption	134627
percentages in excess of seventy-five per cent, compensation equal	134628
in value to a percentage of the taxes that would be payable on the	134629
portion of the improvements in excess of seventy-five per cent	134630
were that portion to be subject to taxation, or other mutually	134631
agreeable compensation.	134632

(2) The board of education shall certify its resolution to	134633
the board of county commissioners not later than fourteen days	134634
prior to the date the board of county commissioners intends to	134635
adopt its resolution as indicated in the notice. If the board of	134636
education and the board of county commissioners negotiate a	134637
mutually acceptable compensation agreement, the resolution of the	134638
board of county commissioners may declare the improvements a	134639
public purpose for the number of years specified in that	134640
resolution or, in the case of exemption percentages in excess of	134641
seventy-five per cent, for the exemption percentage specified in	134642
the resolution. In either case, if the board of education and the	134643
board of county commissioners fail to negotiate a mutually	134644
acceptable compensation agreement, the resolution may declare the	134645
improvements a public purpose for not more than ten years, and	134646
shall not exempt more than seventy-five per cent of the	134647
improvements from taxation. If the board of education fails to	134648
certify a resolution to the board of county commissioners within	134649
the time prescribed by this section, the board of county	134650
commissioners thereupon may adopt the resolution and may declare	134651
the improvements a public purpose for up to thirty years or, in	134652
the case of exemption percentages proposed in excess of	134653
seventy-five per cent, for the exemption percentage specified in	134654
the resolution. The board of county commissioners may adopt the	134655
resolution at any time after the board of education certifies its	134656
resolution approving the exemption to the board of county	134657
commissioners, or, if the board of education approves the	134658
exemption on the condition that a mutually acceptable compensation	134659
agreement be negotiated, at any time after the compensation	134660
agreement is agreed to by the board of education and the board of	134661
county commissioners. If a mutually acceptable compensation	134662
agreement is negotiated between the board of county commissioners	134663
and the board of education, including agreements for payments in	134664
lieu of taxes under section 5709.79 of the Revised Code, the board	134665
of county commissioners shall compensate the joint vocational	134666
school district within which the parcel or district is located at	134667
the same rate and under the same terms received by the city,	134668
local, or exempted village school district.	134669

(3) If a board of education has adopted a resolution waiving	134670
its right to approve exemptions from taxation under this section	134671
and the resolution remains in effect, approval of such exemptions	134672
by the board of education is not required under division (C) of	134673
this section. If a board of education has adopted a resolution	134674
allowing a board of county commissioners to deliver the notice	134675
required under division (C) of this section fewer than forty-five	134676
business days prior to approval of the resolution by the board of	134677
county commissioners, the board of county commissioners shall	134678
deliver the notice to the board of education not later than the	134679
number of days prior to such approval as prescribed by the board	134680
of education in its resolution. If a board of education adopts a	134681
resolution waiving its right to approve exemptions or shortening	134682
the notification period, the board of education shall certify a	134683
copy of the resolution to the board of county commissioners. If	134684
the board of education rescinds such a resolution, it shall	134685
certify notice of the rescission to the board of county	134686
commissioners.	134687

(D)(1) If a proposed resolution under division (B)(1) of this	134688
section exempts improvements with respect to a parcel within an	134689
incentive district for more than ten years, or the percentage of	134690
the improvement exempted from taxation exceeds seventy-five per	134691
cent, not later than forty-five business days prior to adopting	134692
the resolution the board of county commissioners shall deliver to	134693
the board of township trustees of any township within which the	134694
incentive district is or will be located a notice that states its	134695
intent to adopt a resolution creating an incentive district. The	134696
notice shall include a copy of the proposed resolution, identify	134697
the parcels for which improvements are to be exempted from	134698
taxation, provide an estimate of the true value in money of the	134699
improvements, specify the period of time for which the	134700
improvements would be exempted from taxation, specify the	134701
percentage of the improvements that would be exempted from	134702
taxation, and indicate the date on which the board intends to	134703
adopt the resolution.	134704

(2) The board of township trustees, by resolution adopted by	134705
a majority of the board, may object to the exemption for the	134706
number of years in excess of ten, may object to the exemption for	134707
the percentage of the improvement to be exempted in excess of	134708
seventy-five per cent, or both. If the board of township trustees	134709
objects, the board of township trustees may negotiate a mutually	134710
acceptable compensation agreement with the board of county	134711
commissioners. In no case shall the compensation provided to the	134712
board of township trustees exceed the property taxes forgone due	134713
to the exemption. If the board of township trustees objects, and	134714
the board of township trustees and the board of county	134715
commissioners fail to negotiate a mutually acceptable compensation	134716
agreement, the resolution adopted under division (B)(1) of this	134717
section shall provide to the board of township trustees	134718
compensation in the eleventh and subsequent years of the exemption	134719
period equal in value to not more than fifty per cent of the taxes	134720
that would be payable to the township or, if the board of township	134721
trustee's objection includes an objection to an exemption	134722
percentage in excess of seventy-five per cent, compensation equal	134723
in value to not more than fifty per cent of the taxes that would	134724
be payable to the township on the portion of the improvement in	134725
excess of seventy-five per cent, were that portion to be subject	134726
to taxation. The board of township trustees shall certify its	134727
resolution to the board of county commissioners not later than	134728
thirty days after receipt of the notice.	134729

(3) If the board of township trustees does not object or	134730
fails to certify a resolution objecting to an exemption within	134731
thirty days after receipt of the notice, the board of county	134732
commissioners may adopt its resolution, and no compensation shall	134733
be provided to the board of township trustees. If the board of	134734
township trustees certifies its resolution objecting to the	134735
commissioners' resolution, the board of county commissioners may	134736
adopt its resolution at any time after a mutually acceptable	134737
compensation agreement is agreed to by the board of county	134738
commissioners and the board of township trustees. If the board of	134739
township trustees certifies a resolution objecting to the	134740
commissioners' resolution, the board of county commissioners may	134741
adopt its resolution at any time after a mutually acceptable	134742
compensation agreement is agreed to by the board of county	134743
commissioners and the board of township trustees, or, if no	134744
compensation agreement is negotiated, at any time after the board	134745
of county commissioners in the proposed resolution to provide	134746
compensation to the board of township trustees of fifty per cent	134747
of the taxes that would be payable to the township in the eleventh	134748
and subsequent years of the exemption period or on the portion of	134749
the improvement in excess of seventy-five per cent, were that	134750
portion to be subject to taxation.	134751

(E) Service payments in lieu of taxes that are attributable	134752
to any amount by which the effective tax rate of either a renewal	134753
levy with an increase or a replacement levy exceeds the effective	134754
tax rate of the levy renewed or replaced, or that are attributable	134755
to an additional levy, for a levy authorized by the voters for any	134756
of the following purposes on or after January 1, 2006, and which	134757
are provided pursuant to a resolution creating an incentive	134758
district under division (B)(1) of this section that is adopted on	134759
or after January 1, 2006, shall be distributed to the appropriate	134760
taxing authority as required under division (D) of section 5709.79	134761
of the Revised Code in an amount equal to the amount of taxes from	134762
that additional levy or from the increase in the effective tax	134763
rate of such renewal or replacement levy that would have been	134764
payable to that taxing authority from the following levies were it	134765
not for the exemption authorized under division (B) of this	134766
section:	134767

(1) A tax levied under division (L) of section 5705.19 or	134768
section 5705.191 of the Revised Code for community mental	134769
retardation and developmental disabilities programs and services	134770
pursuant to Chapter 5126. of the Revised Code;	134771

(2) A tax levied under division (Y) of section 5705.19 of the	134772
Revised Code for providing or maintaining senior citizens services	134773
or facilities;	134774

(3) A tax levied under section 5705.22 of the Revised Code	134775
for county hospitals;	134776

(4) A tax levied by a joint-county district or by a county	134777
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	134778
for alcohol, drug addiction, and mental health services or	134779
facilities;	134780

(5) A tax levied under section 5705.23 of the Revised Code	134781
for library purposes;	134782

(6) A tax levied under section 5705.24 of the Revised Code	134783
for the support of children services and the placement and care of	134784
children;	134785

(7) A tax levied under division (Z) of section 5705.19 of the	134786
Revised Code for the provision and maintenance of zoological park	134787
services and facilities under section 307.76 of the Revised Code;	134788

(8) A tax levied under section 511.27 or division (H) of	134789
section 5705.19 of the Revised Code for the support of township	134790
park districts;	134791

(9) A tax levied under division (A), (F), or (H) of section	134792
5705.19 of the Revised Code for parks and recreational purposes of	134793
a joint recreation district organized pursuant to division (B) of	134794
section 755.14 of the Revised Code;	134795

(10) A tax levied under section 1545.20 or 1545.21 of the	134796
Revised Code for park district purposes;	134797

(11) A tax levied under section 5705.191 of the Revised Code	134798
for the purpose of making appropriations for public assistance;	134799
human or social services; public relief; public welfare; public	134800
health and hospitalization; and support of general hospitals;	134801

(12) A tax levied under section 3709.29 of the Revised Code	134802
for a general health district program.	134803

(F) An exemption from taxation granted under this section	134804
commences with the tax year specified in the resolution so long as	134805
the year specified in the resolution commences after the effective	134806
date of the resolution. If the resolution specifies a year	134807
commencing before the effective date of the resolution or	134808
specifies no year whatsoever, the exemption commences with the tax	134809
year in which an exempted improvement first appears on the tax	134810
list and duplicate of real and public utility property and that	134811
commences after the effective date of the resolution. ~~Except~~In	134812
lieu of stating a specific year, the resolution may provide that	134813
the exemption commences in the tax year in which the value of an	134814
improvement exceeds a specified amount or in which the	134815
construction of one or more improvements is completed, provided	134816
that such tax year commences after the effective date of the	134817
resolution. With respect to the exemption of improvements to	134818
parcels under division (A) of this section, the resolution may	134819
allow for the exemption to commence in different tax years on a	134820
parcel-by-parcel basis, with a separate exemption term specified	134821
for each parcel.	134822

Except as otherwise provided in this division, the exemption	134823
ends on the date specified in the resolution as the date the	134824
improvement ceases to be a public purpose or the incentive	134825
district expires, or ends on the date on which the county can no	134826
longer require annual service payments in lieu of taxes under	134827
section 5709.79 of the Revised Code, whichever occurs first. The	134828
exemption of an improvement with respect to a parcel or within an	134829
incentive district may end on a later date, as specified in the	134830
resolution, if the board of commissioners and the board of	134831
education of the city, local, or exempted village school district	134832
within which the parcel or district is located have entered into a	134833
compensation agreement under section 5709.82 of the Revised Code	134834
with respect to the improvement, and the board of education has	134835
approved the term of the exemption under division (C)(1) of this	134836
section, but in no case shall the improvement be exempted from	134837
taxation for more than thirty years. Exemptions shall be claimed	134838
and allowed in the same or a similar manner as in the case of	134839
other real property exemptions. If an exemption status changes	134840
during a tax year, the procedure for the apportionment of the	134841
taxes for that year is the same as in the case of other changes in	134842
tax exemption status during the year.	134843

(G) If the board of county commissioners is not required by	134844
this section to notify the board of education of the board of	134845
county commissioners' intent to declare improvements to be a	134846
public purpose, the board of county commissioners shall comply	134847
with the notice requirements imposed under section 5709.83 of the	134848
Revised Code before taking formal action to adopt the resolution	134849
making that declaration, unless the board of education has adopted	134850
a resolution under that section waiving its right to receive such	134851
a notice.	134852

(H) The county, not later than fifteen days after the	134853
adoption of a resolution under this section, shall submit to the	134854
director of development a copy of the resolution. On or before the	134855
thirty-first day of March of each year, the county shall submit a	134856
status report to the director of development. The report shall	134857
indicate, in the manner prescribed by the director, the progress	134858
of the project during each year that an exemption remains in	134859
effect, including a summary of the receipts from service payments	134860
in lieu of taxes; expenditures of money from the fund created	134861
under section 5709.80 of the Revised Code; a description of the	134862
public infrastructure improvements and housing renovations	134863
financed with such expenditures; and a quantitative summary of	134864
changes in employment and private investment resulting from each	134865
project.	134866

(I) Nothing in this section shall be construed to prohibit a	134867
board of county commissioners from declaring to be a public	134868
purpose improvements with respect to more than one parcel.	134869

(J) If a parcel is located in a new community district in	134870
which the new community authority imposes a community development	134871
charge on the basis of rentals received from leases of real	134872
property as described in division (L)(2) of section 349.01 of the	134873
Revised Code, the parcel may not be exempted from taxation under	134874
this section.	134875

Sec. 5725.18. (A) An annual franchise tax on the privilege	134876
of being an insurance company is hereby levied on each domestic	134877
insurance company. In the month of May, annually, the treasurer of	134878
state shall charge for collection from each domestic insurance	134879
company a franchise tax in the amount computed in accordance with	134880
the following, as applicable:	134881

(1) With respect to a domestic insurance company that is a	134882
health insuring corporation, one per cent of all premium rate	134883
payments received, exclusive of payments received under the	134884
medicare program ~~established under Title XVIII of the "Social~~	134885
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	134886
and exclusive of payments received pursuant to the ~~medical~~	134887
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	134888
~~Revised Code~~ for the period ending September 30, 2009, as	134889
reflected in its annual report for the preceding calendar year;	134890

(2) With respect to a domestic insurance company that is not	134891
a health insuring corporation, one and four-tenths per cent of the	134892
gross amount of premiums received from policies covering risks	134893
within this state, exclusive of premiums received under the	134894
medicare program ~~established under Title XVIII of the "Social~~	134895
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	134896
and exclusive of payments received pursuant to the ~~medical~~	134897
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	134898
~~Revised Code~~ for the period ending September 30, 2009, as	134899
reflected in its annual statement for the preceding calendar year,	134900
and, if the company operates a health insuring corporation as a	134901
line of business, one per cent of all premium rate payments	134902
received from that line of business, exclusive of payments	134903
received under the medicare program ~~established under Title XVIII~~	134904
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	134905
~~301, as amended,~~ and exclusive of payments received pursuant to	134906
the ~~medical assistance~~medicaid program ~~established under Chapter~~	134907
~~5111. of the Revised Code~~ for the period ending September 30,	134908
2009, as reflected in its annual statement for the preceding	134909
calendar year.	134910

Domestic insurance companies, including health insuring	134911
corporations, receiving payments pursuant to the ~~medical~~	134912
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	134913
~~Revised Code~~ during the period beginning October 1, 2009, and	134914
ending December 31, 2009, shall file with the 2009 annual	134915
statement to the superintendent a schedule that reflects those	134916
payments received pursuant to the ~~medical assistance~~medicaid	134917
program for that period. The payments reflected in the schedule,	134918
plus all other taxable premiums, are subject to the annual	134919
franchise tax due to be paid in 2010.	134920

(B) The gross amount of premium rate payments or premiums	134921
used to compute the applicable tax in accordance with division (A)	134922
of this section is subject to the deductions prescribed by section	134923
5729.03 of the Revised Code for foreign insurance companies. The	134924
objects of such tax are those declared in section 5725.24 of the	134925
Revised Code, to which only such tax shall be applied.	134926

(C) In no case shall such tax be less than two hundred fifty	134927
dollars.	134928

Sec. 5725.33. (A) Except as otherwise provided in this	134929
section, terms used in this section have the same meaning as	134930
section 45D of the Internal Revenue Code, any related proposed,	134931
temporary or final regulations promulgated under the Internal	134932
Revenue Code, any rules or guidance of the internal revenue	134933
service or the United States department of the treasury, and any	134934
related rules or guidance issued by the community development	134935
financial institutions fund of the United States department of the	134936
treasury, as such law, regulations, rules, and guidance exist on	134937
October 16, 2009.	134938

As used in this section:

134939

(1) "Adjusted purchase price" means the amount paid for	134940
qualified equity investments multiplied by the qualified	134941
low-income community investments made by the issuer in projects	134942
located in this state as a percentage of the total amount of	134943
qualified low-income community investments made by the issuer in	134944
projects located in all states on the credit allowance date during	134945
the applicable tax year, subject to divisions (B)(1) and (2) of	134946
this section.	134947

(2) "Applicable percentage" means zero per cent for each of	134948
the first two credit allowance dates, seven per cent for the third	134949
credit allowance date, and eight per cent for the four following	134950
credit allowance dates.	134951

(3) "Credit allowance date" means the date, on or after	134952
January 1, 2010, a qualified equity investment is made and each of	134953
the six anniversary dates thereafter. For qualified equity	134954
investments made after October 16, 2009, but before January 1,	134955
2010, the initial credit allowance date is January 1, 2010, and	134956
each of the six anniversary dates thereafter is on the first day	134957
of January of each year.	134958

(4) ~~"Qualified active low-income community business" excludes~~	134959
~~any business that derives or projects to derive fifteen per cent~~	134960
~~or more of annual revenue from the rental or sale of real~~	134961
~~property, except any business that is a special purpose entity~~	134962
~~principally owned by a principal user of that property formed~~	134963
~~solely for the purpose of renting, either directly or indirectly,~~	134964
~~or selling real property back to such principal user if such~~	134965
~~principal user does not derive fifteen per cent or more of its~~	134966
~~gross annual revenue from the rental or sale of real property.~~	134967

~~(5)~~ "Qualified community development entity" includes only	134968
entities:	134969

~~(a) That~~that have entered into an allocation agreement with	134970
the community development financial institutions fund of the	134971
United States department of the treasury with respect to credits	134972
authorized by section 45D of the Internal Revenue Code;	134973

~~(b) Whose~~and whose service area includes any portion of this	134974
state~~; and~~	134975

~~(c) That will designate an equity investment in such entities~~	134976
~~as a qualified equity investment for purposes of both section 45D~~	134977
~~of the Internal Revenue Code and this section~~.	134978

~~(6)~~(5) "Qualified equity investment" is limited to an equity	134979
investment in a qualified community development entity that:	134980

(a) Is acquired after October 16, 2009, at its original	134981
issuance solely in exchange for cash;	134982

(b) Has at least eighty-five per cent of its cash purchase	134983
price used by the qualified community development entity to make	134984
qualified low-income community investments, provided that in the	134985
seventh year after a qualified equity investment is made, only	134986
seventy-five per cent of such cash purchase price must be used by	134987
the qualified community development entity to make qualified	134988
low-income community investments; and	134989

(c) Is designated by the issuer as a qualified equity	134990
investment.	134991

"Qualified equity investment" includes any equity investment	134992
that would, but for division (A)~~(6)~~(5)(a) of this section, be a	134993
qualified equity investment in the hands of the taxpayer if such	134994
investment was a qualified equity investment in the hands of a	134995
prior holder.	134996

(B) There is hereby allowed a nonrefundable credit against	134997
the tax imposed by section 5725.18 of the Revised Code for an	134998
insurance company holding a qualified equity investment on the	134999
credit allowance date occurring in the calendar year for which the	135000
tax is due. The credit shall equal the applicable percentage of	135001
the adjusted purchase price of qualified low-income community	135002
investments, subject to divisions (B)(1) and (2) of this section:	135003

(1) For the purpose of calculating the amount of qualified	135004
low-income community investments held by a qualified community	135005
development entity, an investment shall be considered held by a	135006
qualified community development entity even if the investment has	135007
been sold or repaid, provided that, at any time before the seventh	135008
anniversary of the issuance of the qualified equity investment,	135009
the qualified community development entity reinvests an amount	135010
equal to the capital returned to or received or recovered by the	135011
qualified community development entity from the original	135012
investment, exclusive of any profits realized and costs incurred	135013
in the sale or repayment, in another qualified low-income	135014
community investment within twelve months of the receipt of such	135015
capital. If the qualified low-income community investment is sold	135016
or repaid after the sixth anniversary of the issuance of the	135017
qualified equity investment, the qualified low-income community	135018
investment shall be considered held by the qualified community	135019
development entity through the seventh anniversary of the	135020
qualified equity investment's issuance.	135021

(2) The qualified low-income community investment made in	135022
this state shall equal the sum of the qualified low-income	135023
community investments in each qualified active low-income	135024
community business in this state, not to exceed two million five	135025
hundred sixty-four thousand dollars, in which the qualified	135026
community development entity invests, including such investments	135027
in any such businesses in this state related to that qualified	135028
active low-income community business through majority ownership or	135029
control.	135030

The credit shall be claimed in the order prescribed by	135031
section 5725.98 of the Revised Code. If the amount of the credit	135032
exceeds the amount of tax otherwise due after deducting all other	135033
credits in that order, the excess may be carried forward and	135034
applied to the tax due for not more than four ensuing years.	135035

By claiming a tax credit under this section, an insurance	135036
company waives its rights under section 5725.222 of the Revised	135037
Code with respect to the time limitation for the assessment of	135038
taxes as it relates to credits claimed that later become subject	135039
to recapture under division (E) of this section.	135040

(C) The amount of qualified equity investments on the basis	135041
of which credits may be claimed under this section and sections	135042
5726.54, 5729.16, and 5733.58 of the Revised Code shall not exceed	135043
the amount, estimated by the director of development, that would	135044
cause the total amount of credits allowed each fiscal year to	135045
exceed ten million dollars, computed without regard to the	135046
potential for taxpayers to carry tax credits forward to later	135047
years.	135048

(D) If any amount of ~~the~~a federal tax credit allowed for a	135049
qualified equity investment for which a credit was received under	135050
this section is recaptured under section 45D of the Internal	135051
Revenue Code, or if the director of development services	135052
determines that an investment for which a tax credit is claimed	135053
under this section is not a qualified equity investment or that	135054
the proceeds of an investment for which a tax credit is claimed	135055
under this section are used to make qualified low-income community	135056
investments other than in a qualified active low-income community	135057
business, all or a portion of the credit received on account of	135058
that investment shall be paid by the insurance company that	135059
received the credit to the superintendent of insurance. The amount	135060
to be recovered shall be determined by the director of development	135061
services pursuant to rules adopted under division (E) of this	135062
section. The director shall certify any amount due under this	135063
division to the superintendent of insurance, and the	135064
superintendent shall notify the treasurer of state of the amount	135065
due. Upon notification, the treasurer shall invoice the insurance	135066
company for the amount due. The amount due is payable not later	135067
than thirty days after the date the treasurer invoices the	135068
insurance company. The amount due shall be considered to be tax	135069
due under section 5725.18 of the Revised Code, and may be	135070
collected by assessment without regard to the time limitations	135071
imposed under section 5725.222 of the Revised Code for the	135072
assessment of taxes by the superintendent. All amounts collected	135073
under this division shall be credited as revenue from the tax	135074
levied under section 5725.18 of the Revised Code.	135075

(E) The tax credits authorized under this section and	135076
sections 5726.54, 5729.16, and 5733.58 of the Revised Code shall	135077
be administered by the ~~department of~~ development services agency.	135078
The director of development services, in consultation with the tax	135079
commissioner and the superintendent of insurance, pursuant to	135080
Chapter 119. of the Revised Code, shall adopt rules for the	135081
administration of this section and sections 5726.54, 5729.16, and	135082
5733.58 of the Revised Code. The rules shall provide for	135083
determining the recovery of credits under division (D) of this	135084
section and under sections 5726.54, 5729.16, and 5733.58 of the	135085
Revised Code, including prorating the amount of the credit to be	135086
recovered on any reasonable basis, the manner in which credits may	135087
be allocated among claimants, and the amount of any application or	135088
other fees to be charged in connection with a recovery.	135089

(F) There is hereby created in the state treasury the new	135090
markets tax credit operating fund. The director of development	135091
services is authorized to charge reasonable application and other	135092
fees in connection with the administration of tax credits	135093
authorized by this section and sections 5726.54, 5729.16, and	135094
5733.58 of the Revised Code. Any such fees collected shall be	135095
credited to the fund. The director of development services shall	135096
use money in the fund to pay expenses related to the	135097
administration of tax credits authorized under sections 5725.33,	135098
5726.54, 5729.16, and 5733.58 of the Revised Code.	135099

Sec. 5725.34. (A) As used in this section, "certificate	135100
owner" has the same meaning as in section 149.311 of the Revised	135101
Code.	135102

(B) There is allowed a credit against the tax imposed by	135103
section 5725.18 of the Revised Code for an insurance company	135104
subject to that tax that is a certificate owner of a	135105
rehabilitation tax credit certificate issued under section 149.311	135106
of the Revised Code. The credit shall equal twenty-five per cent	135107
of the dollar amount indicated on the certificate, but the amount	135108
of the credit allowed for any company for any year shall not	135109
exceed ~~five~~ten million dollars. The credit shall be claimed in	135110
the calendar year specified in the certificate and in the order	135111
required under section 5725.98 of the Revised Code. If the credit	135112
exceeds the amount of tax otherwise due in that year, the excess	135113
shall be refunded to the company but, if any amount of the credit	135114
is refunded, the sum of the amount refunded and the amount applied	135115
to reduce the tax otherwise due in that year shall not exceed	135116
three million dollars. The company may carry forward any balance	135117
of the credit in excess of the amount claimed in that year for not	135118
more than five ensuing years, and shall deduct any amount claimed	135119
in any such year from the amount claimed in an ensuing year.	135120

(C) An insurance company claiming a credit under this section	135121
shall retain the rehabilitation tax credit certificate for four	135122
years following the end of the year in which the credit was	135123
claimed, and shall make the certificate available for inspection	135124
by the tax commissioner upon the request of the tax commissioner	135125
during that period.	135126

Sec. 5726.20. (A) The tax commissioner may make an	135127
assessment, based on any information in the commissioner's	135128
possession, against any person that fails to file a return or	135129
report or pay any tax as required by this chapter. The reporting	135130
person for a taxpayer shall file the annual report required under	135131
section 5726.02 of the Revised Code and remit the tax imposed by	135132
this chapter. Each person included in the annual report of the	135133
taxpayer is jointly and severally liable for the tax imposed by	135134
this chapter and any penalties and interest thereon. If the	135135
reporting person fails, for any reason, to file and remit any tax,	135136
the amount due may be collected by assessment against the	135137
reporting person and against any or all other persons required to	135138
be included in the annual report of the taxpayer ~~in the manner~~	135139
~~provided by this section~~as provided in section 5703.90 of the	135140
Revised Code. The commissioner shall make the assessment in the	135141
manner provided in this section. The commissioner shall give the	135142
person assessed written notice of the assessment as provided in	135143
section 5703.37 of the Revised Code. With the notice, the	135144
commissioner shall provide instructions on the manner in which to	135145
petition for reassessment and request a hearing with respect to	135146
the petition.	135147

(B) No assessment shall be made or issued against a person	135148
under this section more than four years after the later of the	135149
final date the report subject to assessment was required to be	135150
filed or the date such report was filed. Such time limit may be	135151
extended if both the person and the commissioner consent in	135152
writing to the extension or if an agreement waiving or extending	135153
the time limit has been entered into pursuant to section 122.171	135154
of the Revised Code. Any such extension shall extend the four-year	135155
time limit prescribed in division (A) of section 5726.30 of the	135156
Revised Code for the same period of time. There shall be no bar or	135157
limit to an assessment against a person that fails to file a	135158
report subject to assessment as required by this chapter, or that	135159
files a fraudulent report.	135160

(C) Unless the person assessed, within sixty days after	135161
service of the notice of assessment, files with the tax	135162
commissioner, either in person or by certified mail, a written	135163
petition for reassessment signed by the person or the person's	135164
authorized agent having knowledge of the facts, the assessment	135165
shall become final, and the amount of the assessment is due and	135166
payable from the person assessed to the treasurer of state. A	135167
petition shall indicate the objections of the person assessed, but	135168
additional objections may be raised in writing if received by the	135169
commissioner prior to the date shown on the final determination.	135170
If a petition for reassessment has been properly filed, the	135171
commissioner shall proceed under section 5703.60 of the Revised	135172
Code.	135173

(D)(1) After an assessment becomes final, if any portion of	135174
the assessment, including any accrued interest, remains unpaid, a	135175
certified copy of the tax commissioner's entry making the	135176
assessment final may be filed in the office of the clerk of the	135177
court of common pleas in the county in which the person resides or	135178
has its principal place of business in this state, or in the	135179
office of the clerk of court of common pleas of Franklin county.	135180

(2) Immediately upon the filing of the entry, the clerk shall	135181
enter judgment for the state against the person assessed in the	135182
amount shown on the entry. The judgment may be filed by the clerk	135183
in a loose-leaf book entitled, "special judgments for the	135184
financial institution tax" and shall have the same effect as other	135185
judgments. Execution shall issue upon the judgment at the request	135186
of the tax commissioner, and all laws applicable to sales on	135187
execution shall apply to sales made under the judgment.	135188

(3) ~~The portion of~~If the assessment is not paid in its	135189
entirety within sixty days after the day the assessment was	135190
issued, the portion of the assessment consisting of tax due shall	135191
bear interest at the rate per annum prescribed by section 5703.47	135192
of the Revised Code from the date the tax commissioner issues the	135193
assessment until the date the assessment is paid or until it is	135194
certified to the attorney general for collection under section	135195
131.02 of the Revised Code, whichever comes first. If the unpaid	135196
portion of the assessment is certified to the attorney general for	135197
collection, the entire unpaid portion of the assessment shall bear	135198
interest at the rate per annum prescribed by section 5703.47 of	135199
the Revised Code from the date of certification until the date it	135200
is paid in its entirety. Interest shall be paid in the same manner	135201
as the tax and may be collected by the issuance of an assessment	135202
under this section.	135203

(E) If the tax commissioner believes that collection of the	135204
tax imposed by this chapter will be jeopardized unless proceedings	135205
to collect or secure collection of the tax are instituted without	135206
delay, the commissioner may issue a jeopardy assessment against	135207
the person liable for the tax. Immediately upon the issuance of	135208
the jeopardy assessment, the commissioner shall file an entry with	135209
the clerk of the court of common pleas in the manner prescribed by	135210
division (D) of this section. Notice of the jeopardy assessment	135211
shall be served on the person assessed or the person's authorized	135212
agent in the manner provided in section 5703.37 of the Revised	135213
Code within five days of the filing of the entry with the clerk.	135214
The total amount assessed shall be immediately due and payable,	135215
unless the person assessed files a petition for reassessment in	135216
accordance with division (C) of this section and provides security	135217
in a form satisfactory to the commissioner and in an amount	135218
sufficient to satisfy the unpaid balance of the assessment. Full	135219
or partial payment of the assessment shall not prejudice the	135220
commissioner's consideration of the petition for reassessment.	135221

(F) The tax commissioner shall immediately forward to the	135222
treasurer of state all amounts the commissioner receives under	135223
this section. Such amounts shall be considered as revenue arising	135224
from the tax imposed by this chapter.	135225

(G) If the tax commissioner possesses information indicating	135226
that the amount of tax a taxpayer is required to pay under this	135227
chapter exceeds the amount the reporting person for the taxpayer	135228
paid, the tax commissioner may audit a sample of the taxpayer's	135229
gross receipts over a representative period of time to ascertain	135230
the amount of tax due, and may issue an assessment based on the	135231
audit. The tax commissioner shall make a good faith effort to	135232
reach agreement with the taxpayer in selecting a representative	135233
sample. The tax commissioner may apply a sampling method only if	135234
the commissioner has prescribed the method by rule.	135235

(H) If the whereabouts of a person subject to this chapter is	135236
not known to the tax commissioner, the secretary of state is	135237
hereby deemed to be that person's agent for purposes of service of	135238
process or notice of any assessment, action, or proceedings	135239
instituted in this state against the person under this chapter.	135240
Such process or notice shall be served on such person by the	135241
commissioner or by an agent of the commissioner by leaving a true	135242
and attested copy of the process or notice at the office of the	135243
secretary of state at least fifteen days before the return day of	135244
such process or notice, and by sending a copy of the process or	135245
notice to such person by ordinary mail, with an endorsement	135246
thereon of the service upon the secretary of state, addressed to	135247
such person at the person's last known address.	135248

Sec. 5726.52. (A) As used in this section, "certificate	135249
owner" has the same meaning as in section 149.311 of the Revised	135250
Code.	135251

(B) A taxpayer may claim a refundable credit against the tax	135252
imposed by this chapter for each person included in the annual	135253
report of a taxpayer that is a certificate owner of a	135254
rehabilitation tax credit certificate issued under section 149.311	135255
of the Revised Code. The credit shall equal twenty-five per cent	135256
of the dollar amount indicated on each certificate, but shall not	135257
exceed ~~five~~ten million dollars for each certificate.	135258

The credit shall be claimed for the calendar year specified	135259
in the certificate and in the order required under section 5726.98	135260
of the Revised Code. If the credit exceeds the amount of tax	135261
otherwise due in that year, the excess shall be refunded to the	135262
taxpayer, provided that, if any amount of the credit is refunded,	135263
the sum of the amount refunded and the amount applied to reduce	135264
the tax otherwise due in that year shall not exceed three million	135265
dollars. The taxpayer may carry forward any balance of the credit	135266
in excess of the amount claimed in that year for not more than	135267
five ensuing years, and shall deduct any amount claimed in any	135268
such year from the amount claimed in an ensuing year. A taxpayer	135269
may claim against the tax imposed by this chapter any unused	135270
portion of the credit authorized under section 5725.151 of the	135271
Revised Code, but only to the extent of the five-year carry	135272
forward period authorized by that section.	135273

(C) A taxpayer claiming a credit under this section shall	135274
retain the rehabilitation tax credit certificate for four years	135275
following the end of the year to which the credit was applied, and	135276
shall make the certificate available for inspection by the tax	135277
commissioner upon the request of the commissioner during that	135278
period.	135279

Sec. 5726.54. (A) Any term used in this section has the same	135280
meaning as in section 5725.33 of the Revised Code.	135281

(B) A taxpayer may claim a nonrefundable credit against the	135282
tax imposed by this chapter for each person included in the annual	135283
report of the taxpayer that holds a qualified equity investment on	135284
a credit allowance date occurring in the calendar year immediately	135285
preceding the tax year for which the tax is due. The credit shall	135286
be computed in the same manner prescribed for the computation of	135287
credits allowed under section 5725.33 of the Revised Code.	135288

By claiming a tax credit under this section, a taxpayer	135289
waives its rights under section 5726.20 of the Revised Code with	135290
respect to the time limitation for the assessment of taxes as it	135291
relates to credits claimed under this section that later become	135292
subject to recapture under division (D) of this section.	135293

A taxpayer may claim against the tax imposed by this chapter	135294
any unused portion of the credits authorized under sections	135295
5725.33 and 5733.58 of the Revised Code, but only to the extent of	135296
the remaining carry forward period authorized by those sections.	135297

The credit shall be claimed in the order prescribed by	135298
section 5726.98 of the Revised Code. If the amount of the credit	135299
exceeds the amount of tax otherwise due after deducting all other	135300
credits preceding the credit in the order prescribed in section	135301
5726.98 of the Revised Code, the excess may be carried forward for	135302
not more than four ensuing tax years.	135303

(C) The total amount of qualified equity investments on the	135304
basis of which credits may be claimed under this section and	135305
sections 5725.33, 5729.16, and 5733.58 of the Revised Code is	135306
subject to the limitation of division (C) of section 5725.33 of	135307
the Revised Code.	135308

(D) If any amount of ~~the~~a federal tax credit allowed for a	135309
qualified equity investment for which a credit was received under	135310
this section is recaptured under section 45D of the Internal	135311
Revenue Code, or if the director of development services	135312
determines that an investment for which a tax credit is claimed	135313
under this section is not a qualified equity investment or that	135314
the proceeds of an investment for which a tax credit is claimed	135315
under this section are used to make qualified low-income community	135316
investments other than in a qualified active low-income community	135317
business, all or a portion of the credit received on account of	135318
that investment shall be paid by the taxpayer that received the	135319
credit to the tax commissioner. The amount to be recovered shall	135320
be determined by the director pursuant to rules adopted under	135321
section 5725.33 of the Revised Code. The director shall certify	135322
any amount due under this division to the tax commissioner, and	135323
the commissioner shall notify the taxpayer of the amount due. The	135324
amount due is payable not later than thirty days after the day the	135325
commissioner issues the notice. The amount due shall be considered	135326
to be tax due under section 5726.02 of the Revised Code, and may	135327
be collected by assessment without regard to the limitations	135328
imposed under section 5726.20 of the Revised Code for the	135329
assessment of taxes by the commissioner. All amounts collected	135330
under this division shall be credited as revenue from the tax	135331
levied under section 5726.02 of the Revised Code.	135332

Sec. 5727.26. (A) The tax commissioner may make an	135333
assessment, based on any information in the commissioner's	135334
possession, against any natural gas company or combined company	135335
that fails to file a return or pay any tax, interest, or	135336
additional charge as required by sections 5727.24 to 5727.29 of	135337
the Revised Code. The commissioner shall give the company assessed	135338
written notice of the assessment as provided in section 5703.37 of	135339
the Revised Code. With the notice, the commissioner shall provide	135340
instructions on how to petition for reassessment and request a	135341
hearing on the petition. A penalty of up to fifteen per cent may	135342
be added to all amounts assessed under this section. The tax	135343
commissioner may adopt rules providing for the imposition and	135344
remission of the penalty.	135345

(B) Unless the company assessed, within sixty days after	135346
service of the notice of assessment, files with the tax	135347
commissioner, either personally or by certified mail, a written	135348
petition signed by the company's authorized agent having knowledge	135349
of the facts, the assessment becomes final, and the amount of the	135350
assessment is due and payable from the company assessed to the	135351
treasurer of state. The petition shall indicate the objections of	135352
the company assessed, but additional objections may be raised in	135353
writing if received by the commissioner prior to the date shown on	135354
the final determination.	135355

If a petition for reassessment has been properly filed, the	135356
commissioner shall proceed under section 5703.60 of the Revised	135357
Code.	135358

(C) After an assessment becomes final, if any portion of the	135359
assessment, including accrued interest, remains unpaid, a	135360
certified copy of the tax commissioner's entry making the	135361
assessment final may be filed in the office of the clerk of the	135362
court of common pleas in the county in which the natural gas	135363
company's or combined company's principal place of business is	135364
located, or in the office of the clerk of court of common pleas of	135365
Franklin county.	135366

Immediately on the filing of the entry, the clerk shall enter	135367
judgment for the state against the company assessed in the amount	135368
shown on the entry. The judgment may be filed by the clerk in a	135369
loose-leaf book entitled, "special judgments for the public	135370
utility excise tax on natural gas and combined companies," and	135371
shall have the same effect as other judgments. Execution shall	135372
issue upon the judgment at the request of the tax commissioner,	135373
and all laws applicable to sales on execution shall apply to sales	135374
made under the judgment.	135375

~~The portion of~~If the assessment is not paid in its entirety	135376
within sixty days after the day the assessment was issued, the	135377
portion of the assessment consisting of tax due shall bear	135378
interest at the rate per annum prescribed by section 5703.47 of	135379
the Revised Code from the day the tax commissioner issues the	135380
assessment until it is paid or until it is certified to the	135381
attorney general for collection under section 131.02 of the	135382
Revised Code, whichever comes first. If the unpaid portion of the	135383
assessment is certified to the attorney general for collection,	135384
the entire unpaid portion of the assessment shall bear interest at	135385
the rate per annum prescribed by section 5703.47 of the Revised	135386
Code from the date of certification until the date it is paid in	135387
its entirety. Interest shall be paid in the same manner as the tax	135388
and may be collected by the issuance of an assessment under this	135389
section.	135390

(D) If the tax commissioner believes that collection of the	135391
tax will be jeopardized unless proceedings to collect or secure	135392
collection of the tax are instituted without delay, the	135393
commissioner may issue a jeopardy assessment against the company	135394
liable for the tax. Immediately upon the issuance of the jeopardy	135395
assessment, the commissioner shall file an entry with the clerk of	135396
the court of common pleas in the manner prescribed by division (C)	135397
of this section. Notice of the jeopardy assessment shall be served	135398
on the company assessed or the company's authorized agent in the	135399
manner provided in section 5703.37 of the Revised Code within five	135400
days of the filing of the entry with the clerk. The total amount	135401
assessed is immediately due and payable, unless the company	135402
assessed files a petition for reassessment in accordance with	135403
division (B) of this section and provides security in a form	135404
satisfactory to the commissioner and in an amount sufficient to	135405
satisfy the unpaid balance of the assessment. Full or partial	135406
payment of the assessment does not prejudice the commissioner's	135407
consideration of the petition for reassessment.	135408

(E) The tax commissioner shall immediately forward to the	135409
treasurer of state all amounts that the tax commissioner receives	135410
under this section, and such amounts shall be considered revenue	135411
arising from the tax imposed by section 5727.24 of the Revised	135412
Code.	135413

(F) No assessment shall be made or issued against a natural	135414
gas company or combined company for the tax imposed by section	135415
5727.24 of the Revised Code more than four years after the return	135416
date for the period in which the tax was reported, or more than	135417
four years after the return for the period was filed, whichever is	135418
later.	135419

Sec. 5727.75. (A) For purposes of this section:

135420

(1) "Qualified energy project" means an energy project	135421
certified by the director of development services pursuant to this	135422
section.	135423

(2) "Energy project" means a project to provide electric	135424
power through the construction, installation, and use of an energy	135425
facility.	135426

(3) "Alternative energy zone" means a county declared as such	135427
by the board of county commissioners under division (E)(1)(b) or	135428
(c) of this section.	135429

(4) "Full-time equivalent employee" means the total number of	135430
employee-hours for which compensation was paid to individuals	135431
employed at a qualified energy project for services performed at	135432
the project during the calendar year divided by two thousand	135433
eighty hours.	135434

(5) "Solar energy project" means an energy project composed	135435
of an energy facility using solar panels to generate electricity.	135436

(B)(1) Tangible personal property of a qualified energy	135437
project using renewable energy resources is exempt from taxation	135438
for tax years 2011~~, 2012, 2013, and 2014~~through 2016 if all of	135439
the following conditions are satisfied:	135440

(a) On or before December 31, ~~2013~~2015, the owner or a	135441
lessee pursuant to a sale and leaseback transaction of the project	135442
submits an application to the power siting board for a certificate	135443
under section 4906.20 of the Revised Code, or if that section does	135444
not apply, submits an application for any approval, consent,	135445
permit, or certificate or satisfies any condition required by a	135446
public agency or political subdivision of this state for the	135447
construction or initial operation of an energy project.	135448

(b) Construction or installation of the energy facility	135449
begins on or after January 1, 2009, and before January 1, ~~2014~~	135450
2016. For the purposes of this division, construction begins on	135451
the earlier of the date of application for a certificate or other	135452
approval or permit described in division (B)(1)(a) of this	135453
section, or the date the contract for the construction or	135454
installation of the energy facility is entered into.	135455

(c) For a qualified energy project with a nameplate capacity	135456
of five megawatts or greater, a board of county commissioners of a	135457
county in which property of the project is located has adopted a	135458
resolution under division (E)(1)(b) or (c) of this section to	135459
approve the application submitted under division (E) of this	135460
section to exempt the property located in that county from	135461
taxation. A board's adoption of a resolution rejecting an	135462
application or its failure to adopt a resolution approving the	135463
application does not affect the tax-exempt status of the qualified	135464
energy project's property that is located in another county.	135465

(2) If tangible personal property of a qualified energy	135466
project using renewable energy resources was exempt from taxation	135467
under this section beginning in any of tax years 2011, 2012, 2013,	135468
or 2014, 2015, or 2016, and the certification under division	135469
(E)(2) of this section has not been revoked, the tangible personal	135470
property of the qualified energy project is exempt from taxation	135471
for tax year ~~2015~~2017 and all ensuing tax years if the property	135472
was placed into service before January 1, ~~2015~~2017, as certified	135473
in the construction progress report required under division (F)(2)	135474
of this section. Tangible personal property that has not been	135475
placed into service before that date is taxable property subject	135476
to taxation. An energy project for which certification has been	135477
revoked is ineligible for further exemption under this section.	135478
Revocation does not affect the tax-exempt status of the project's	135479
tangible personal property for the tax year in which revocation	135480
occurs or any prior tax year.	135481

(C) Tangible personal property of a qualified energy project	135482
using clean coal technology, advanced nuclear technology, or	135483
cogeneration technology is exempt from taxation for the first tax	135484
year that the property would be listed for taxation and all	135485
subsequent years if all of the following circumstances are met:	135486

(1) The property was placed into service before January 1,	135487
~~2019~~2021. Tangible personal property that has not been placed	135488
into service before that date is taxable property subject to	135489
taxation.	135490

(2) For such a qualified energy project with a nameplate	135491
capacity of five megawatts or greater, a board of county	135492
commissioners of a county in which property of the qualified	135493
energy project is located has adopted a resolution under division	135494
(E)(1)(b) or (c) of this section to approve the application	135495
submitted under division (E) of this section to exempt the	135496
property located in that county from taxation. A board's adoption	135497
of a resolution rejecting the application or its failure to adopt	135498
a resolution approving the application does not affect the	135499
tax-exempt status of the qualified energy project's property that	135500
is located in another county.	135501

(3) The certification for the qualified energy project issued	135502
under division (E)(2) of this section has not been revoked. An	135503
energy project for which certification has been revoked is	135504
ineligible for exemption under this section. Revocation does not	135505
affect the tax-exempt status of the project's tangible personal	135506
property for the tax year in which revocation occurs or any prior	135507
tax year.	135508

(D) Except as otherwise provided in this section, real	135509
property of a qualified energy project is exempt from taxation for	135510
any tax year for which the tangible personal property of the	135511
qualified energy project is exempted under this section.	135512

(E)(1)(a) A person may apply to the director of development	135513
services for certification of an energy project as a qualified	135514
energy project on or before the following dates:	135515

(i) December 31, ~~2013~~2015, for an energy project using	135516
renewable energy resources;	135517

(ii) December 31, ~~2015~~2017, for an energy project using	135518
clean coal technology, advanced nuclear technology, or	135519
cogeneration technology.	135520

(b) The director shall forward a copy of each application for	135521
certification of an energy project with a nameplate capacity of	135522
five megawatts or greater to the board of county commissioners of	135523
each county in which the project is located and to each taxing	135524
unit with territory located in each of the affected counties. Any	135525
board that receives from the director a copy of an application	135526
submitted under this division shall adopt a resolution approving	135527
or rejecting the application unless it has adopted a resolution	135528
under division (E)(1)(c) of this section. A resolution adopted	135529
under division (E)(1)(b) or (c) of this section may require an	135530
annual service payment to be made in addition to the service	135531
payment required under division (G) of this section. The sum of	135532
the service payment required in the resolution and the service	135533
payment required under division (G) of this section shall not	135534
exceed nine thousand dollars per megawatt of nameplate capacity	135535
located in the county. The resolution shall specify the time and	135536
manner in which the payments required by the resolution shall be	135537
paid to the county treasurer. The county treasurer shall deposit	135538
the payment to the credit of the county's general fund to be used	135539
for any purpose for which money credited to that fund may be used.	135540

The board shall send copies of the resolution by certified	135541
mail to the owner of the facility and the director within thirty	135542
days after receipt of the application, or a longer period of time	135543
if authorized by the director.	135544

(c) A board of county commissioners may adopt a resolution	135545
declaring the county to be an alternative energy zone and	135546
declaring all applications submitted to the director of	135547
development services under this division after the adoption of the	135548
resolution, and prior to its repeal, to be approved by the board.	135549

All tangible personal property and real property of an energy	135550
project with a nameplate capacity of five megawatts or greater is	135551
taxable if it is located in a county in which the board of county	135552
commissioners adopted a resolution rejecting the application	135553
submitted under this division or failed to adopt a resolution	135554
approving the application under division (E)(1)(b) or (c) of this	135555
section.	135556

(2) The director shall certify an energy project if all of	135557
the following circumstances exist:	135558

(a) The application was timely submitted.

135559

(b) For an energy project with a nameplate capacity of five	135560
megawatts or greater, a board of county commissioners of at least	135561
one county in which the project is located has adopted a	135562
resolution approving the application under division (E)(1)(b) or	135563
(c) of this section.	135564

(c) No portion of the project's facility was used to supply	135565
electricity before December 31, 2009.	135566

(3) The director shall deny a certification application if	135567
the director determines the person has failed to comply with any	135568
requirement under this section. The director may revoke a	135569
certification if the director determines the person, or subsequent	135570
owner or lessee pursuant to a sale and leaseback transaction of	135571
the qualified energy project, has failed to comply with any	135572
requirement under this section. Upon certification or revocation,	135573
the director shall notify the person, owner, or lessee, the tax	135574
commissioner, and the county auditor of a county in which the	135575
project is located of the certification or revocation. Notice	135576
shall be provided in a manner convenient to the director.	135577

(F) The owner or a lessee pursuant to a sale and leaseback	135578
transaction of a qualified energy project shall do each of the	135579
following:	135580

(1) Comply with all applicable regulations;

135581

(2) File with the director of development services a	135582
certified construction progress report before the first day of	135583
March of each year during the energy facility's construction or	135584
installation indicating the percentage of the project completed,	135585
and the project's nameplate capacity, as of the preceding	135586
thirty-first day of December. Unless otherwise instructed by the	135587
director of development services, the owner or lessee of an energy	135588
project shall file a report with the director on or before the	135589
first day of March each year after completion of the energy	135590
facility's construction or installation indicating the project's	135591
nameplate capacity as of the preceding thirty-first day of	135592
December. Not later than sixty days after June 17, 2010, the owner	135593
or lessee of an energy project, the construction of which was	135594
completed before June 17, 2010, shall file a certificate	135595
indicating the project's nameplate capacity.	135596

(3) File with the director of development services, in a	135597
manner prescribed by the director, a report of the total number of	135598
full-time equivalent employees, and the total number of full-time	135599
equivalent employees domiciled in Ohio, who are employed in the	135600
construction or installation of the energy facility;	135601

(4) For energy projects with a nameplate capacity of five	135602
megawatts or greater, repair all roads, bridges, and culverts	135603
affected by construction as reasonably required to restore them to	135604
their preconstruction condition, as determined by the county	135605
engineer in consultation with the local jurisdiction responsible	135606
for the roads, bridges, and culverts. In the event that the county	135607
engineer deems any road, bridge, or culvert to be inadequate to	135608
support the construction or decommissioning of the energy	135609
facility, the road, bridge, or culvert shall be rebuilt or	135610
reinforced to the specifications established by the county	135611
engineer prior to the construction or decommissioning of the	135612
facility. The owner or lessee of the facility shall post a bond in	135613
an amount established by the county engineer and to be held by the	135614
board of county commissioners to ensure funding for repairs of	135615
roads, bridges, and culverts affected during the construction. The	135616
bond shall be released by the board not later than one year after	135617
the date the repairs are completed. The energy facility owner or	135618
lessee pursuant to a sale and leaseback transaction shall post a	135619
bond, as may be required by the Ohio power siting board in the	135620
certificate authorizing commencement of construction issued	135621
pursuant to section 4906.10 of the Revised Code, to ensure funding	135622
for repairs to roads, bridges, and culverts resulting from	135623
decommissioning of the facility. The energy facility owner or	135624
lessee and the county engineer may enter into an agreement	135625
regarding specific transportation plans, reinforcements,	135626
modifications, use and repair of roads, financial security to be	135627
provided, and any other relevant issue.	135628

(5) Provide or facilitate training for fire and emergency	135629
responders for response to emergency situations related to the	135630
energy project and, for energy projects with a nameplate capacity	135631
of five megawatts or greater, at the person's expense, equip the	135632
fire and emergency responders with proper equipment as reasonably	135633
required to enable them to respond to such emergency situations;	135634

(6) Maintain a ratio of Ohio-domiciled full-time equivalent	135635
employees employed in the construction or installation of the	135636
energy project to total full-time equivalent employees employed in	135637
the construction or installation of the energy project of not less	135638
than eighty per cent in the case of a solar energy project, and	135639
not less than fifty per cent in the case of any other energy	135640
project. In the case of an energy project for which certification	135641
from the power siting board is required under section 4906.20 of	135642
the Revised Code, the number of full-time equivalent employees	135643
employed in the construction or installation of the energy project	135644
equals the number actually employed or the number projected to be	135645
employed in the certificate application, if such projection is	135646
required under regulations adopted pursuant to section 4906.03 of	135647
the Revised Code, whichever is greater. For all other energy	135648
projects, the number of full-time equivalent employees employed in	135649
the construction or installation of the energy project equals the	135650
number actually employed or the number projected to be employed by	135651
the director of development services, whichever is greater. To	135652
estimate the number of employees to be employed in the	135653
construction or installation of an energy project, the director	135654
shall use a generally accepted job-estimating model in use for	135655
renewable energy projects, including but not limited to the job	135656
and economic development impact model. The director may adjust an	135657
estimate produced by a model to account for variables not	135658
accounted for by the model.	135659

(7) For energy projects with a nameplate capacity in excess	135660
of two megawatts, establish a relationship with a member of the	135661
university system of Ohio as defined in section 3345.011 of the	135662
Revised Code or with a person offering an apprenticeship program	135663
registered with the employment and training administration within	135664
the United States department of labor or with the apprenticeship	135665
council created by section 4139.02 of the Revised Code, to educate	135666
and train individuals for careers in the wind or solar energy	135667
industry. The relationship may include endowments, cooperative	135668
programs, internships, apprenticeships, research and development	135669
projects, and curriculum development.	135670

(8) Offer to sell power or renewable energy credits from the	135671
energy project to electric distribution utilities or electric	135672
service companies subject to renewable energy resource	135673
requirements under section 4928.64 of the Revised Code that have	135674
issued requests for proposal for such power or renewable energy	135675
credits. If no electric distribution utility or electric service	135676
company issues a request for proposal on or before December 31,	135677
2010, or accepts an offer for power or renewable energy credits	135678
within forty-five days after the offer is submitted, power or	135679
renewable energy credits from the energy project may be sold to	135680
other persons. Division (F)(8) of this section does not apply if:	135681

(a) The owner or lessee is a rural electric company or a	135682
municipal power agency as defined in section 3734.058 of the	135683
Revised Code.	135684

(b) The owner or lessee is a person that, before completion	135685
of the energy project, contracted for the sale of power or	135686
renewable energy credits with a rural electric company or a	135687
municipal power agency.	135688

(c) The owner or lessee contracts for the sale of power or	135689
renewable energy credits from the energy project before June 17,	135690
2010.	135691

(9) Make annual service payments as required by division (G)	135692
of this section and as may be required in a resolution adopted by	135693
a board of county commissioners under division (E) of this	135694
section.	135695

(G) The owner or a lessee pursuant to a sale and leaseback	135696
transaction of a qualified energy project shall make annual	135697
service payments in lieu of taxes to the county treasurer on or	135698
before the final dates for payments of taxes on public utility	135699
personal property on the real and public utility personal property	135700
tax list for each tax year for which property of the energy	135701
project is exempt from taxation under this section. The county	135702
treasurer shall allocate the payment on the basis of the project's	135703
physical location. Upon receipt of a payment, or if timely payment	135704
has not been received, the county treasurer shall certify such	135705
receipt or non-receipt to the director of development services and	135706
tax commissioner in a form determined by the director and	135707
commissioner, respectively. Each payment shall be in the following	135708
amount:	135709

(1) In the case of a solar energy project, seven thousand	135710
dollars per megawatt of nameplate capacity located in the county	135711
as of December 31, 2010, for tax year 2011, as of December 31,	135712
2011, for tax year 2012, as of December 31, 2012, for tax year	135713
2013, as of December 31, 2013, for tax year 2014, ~~and~~ as of	135714
December 31, 2014, for tax year 2015, as of December 31, 2015, for	135715
tax year 2016, and as of December 31, 2016, for tax year 2017 and	135716
each tax year thereafter;	135717

(2) In the case of any other energy project using renewable	135718
energy resources, the following:	135719

(a) If the project maintains during the construction or	135720
installation of the energy facility a ratio of Ohio-domiciled	135721
full-time equivalent employees to total full-time equivalent	135722
employees of not less than seventy-five per cent, six thousand	135723
dollars per megawatt of nameplate capacity located in the county	135724
as of the thirty-first day of December of the preceding tax year;	135725

(b) If the project maintains during the construction or	135726
installation of the energy facility a ratio of Ohio-domiciled	135727
full-time equivalent employees to total full-time equivalent	135728
employees of less than seventy-five per cent but not less than	135729
sixty per cent, seven thousand dollars per megawatt of nameplate	135730
capacity located in the county as of the thirty-first day of	135731
December of the preceding tax year;	135732

(c) If the project maintains during the construction or	135733
installation of the energy facility a ratio of Ohio-domiciled	135734
full-time equivalent employees to total full-time equivalent	135735
employees of less than sixty per cent but not less than fifty per	135736
cent, eight thousand dollars per megawatt of nameplate capacity	135737
located in the county as of the thirty-first day of December of	135738
the preceding tax year.	135739

(3) In the case of an energy project using clean coal	135740
technology, advanced nuclear technology, or cogeneration	135741
technology, the following:	135742

(a) If the project maintains during the construction or	135743
installation of the energy facility a ratio of Ohio-domiciled	135744
full-time equivalent employees to total full-time equivalent	135745
employees of not less than seventy-five per cent, six thousand	135746
dollars per megawatt of nameplate capacity located in the county	135747
as of the thirty-first day of December of the preceding tax year;	135748

(b) If the project maintains during the construction or	135749
installation of the energy facility a ratio of Ohio-domiciled	135750
full-time equivalent employees to total full-time equivalent	135751
employees of less than seventy-five per cent but not less than	135752
sixty per cent, seven thousand dollars per megawatt of nameplate	135753
capacity located in the county as of the thirty-first day of	135754
December of the preceding tax year;	135755

(c) If the project maintains during the construction or	135756
installation of the energy facility a ratio of Ohio-domiciled	135757
full-time equivalent employees to total full-time equivalent	135758
employees of less than sixty per cent but not less than fifty per	135759
cent, eight thousand dollars per megawatt of nameplate capacity	135760
located in the county as of the thirty-first day of December of	135761
the preceding tax year.	135762

(H) The director of development services in consultation with	135763
the tax commissioner shall adopt rules pursuant to Chapter 119. of	135764
the Revised Code to implement and enforce this section.	135765

Sec. 5727.84. (A) As used in this section and sections	135766
5727.85, 5727.86, and 5727.87 of the Revised Code:	135767

(1) "School district" means a city, local, or exempted	135768
village school district.	135769

(2) "Joint vocational school district" means a joint	135770
vocational school district created under section 3311.16 of the	135771
Revised Code, and includes a cooperative education school district	135772
created under section 3311.52 or 3311.521 of the Revised Code and	135773
a county school financing district created under section 3311.50	135774
of the Revised Code.	135775

(3) "Local taxing unit" means a subdivision or taxing unit,	135776
as defined in section 5705.01 of the Revised Code, a park district	135777
created under Chapter 1545. of the Revised Code, or a township	135778
park district established under section 511.23 of the Revised	135779
Code, but excludes school districts and joint vocational school	135780
districts.	135781

(4) "State education aid," for a school district, means the	135782
following:	135783

(a) For fiscal years prior to fiscal year 2010, the sum of	135784
state aid amounts computed for the district under former sections	135785
3317.029, 3317.052, and 3317.053 of the Revised Code and the	135786
following provisions, as they existed for the applicable fiscal	135787
year: divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	135788
3317.022; divisions (B), (C), and (D) of section 3317.023;	135789
divisions (G), (L), and (N) of section 3317.024; and sections	135790
~~3317.029,~~ 3317.0216, 3317.0217, 3317.04, and 3317.05~~, 3317.052,~~	135791
~~and 3317.053~~ of the Revised Code; and the adjustments required by:	135792
division (C) of section 3310.08; division (C)(2) of section	135793
3310.41; division (C) of section 3314.08; division (D)(2) of	135794
section 3314.091; division (D) of former section 3314.13;	135795
divisions (E), (K), (L), (M), and (N) of section 3317.023;	135796
division (C) of section 3317.20; and sections 3313.979 and	135797
3313.981 of the Revised Code. However, when calculating state	135798
education aid for a school district for fiscal years 2008 and	135799
2009, include the amount computed for the district under Section	135800
269.20.80 of H.B. 119 of the 127th general assembly, as	135801
subsequently amended, instead of division (D) of section 3317.022	135802
of the Revised Code; and include amounts calculated under Section	135803
269.30.80 of H.B. 119 of the 127th general assembly, as	135804
subsequently amended.	135805

(b) For fiscal years 2010 and 2011, the sum of the amounts	135806
computed for the district under former sections 3306.052, 3306.12,	135807
3306.13, 3306.19, 3306.191, ~~and~~ 3306.192, 3317.052, and 3317.053	135808
of the Revised Code and the following provisions, as they existed	135809
for the applicable fiscal year: division (G) of section 3317.024;	135810
~~sections~~section 3317.05~~, 3317.052, and 3317.053~~ of the Revised	135811
Code; and the adjustments required by division (C) of section	135812
3310.08; division (C)(2) of section 3310.41; division (C) of	135813
section 3314.08; division (D)(2) of section 3314.091; division (D)	135814
of former section 3314.13; divisions (E), (K), (L), (M), and (N)	135815
of section 3317.023; division (C) of section 3317.20; and sections	135816
3313.979, 3313.981, and 3326.33 of the Revised Code.	135817

(c) For fiscal years 2012 and 2013, the amount paid in	135818
accordance with the section of H.B. 153 of the 129th general	135819
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	135820
SCHOOL DISTRICTS" and the adjustments required by division (C) of	135821
section 3310.08; division (C)(2) of section 3310.41; section	135822
3310.55; division (C) of section 3314.08; division (D)(2) of	135823
section 3314.091; division (D) of former section 3314.13;	135824
divisions (B), (H), (I), (J), and (K) of section 3317.023;	135825
division (C) of section 3317.20; and sections 3313.979 and	135826
3313.981 of the Revised Code;	135827

(d) For fiscal year 2014 and each fiscal year thereafter, the	135828
sum of amounts computed for and paid to the district under section	135829
3317.022 of the Revised Code; and the adjustments required by	135830
division (C) of section 3310.08, division (C)(2) of section	135831
3310.41, section 3310.55, division (C) of section 3314.08,	135832
division (D)(2) of section 3314.091, divisions (B), (H), (J), and	135833
(K) of section 3317.023, and sections 3313.978, 3313.981,	135834
3317.0212, 3317.0213, 3317.0214, and 3326.33 of the Revised Code.	135835
However, for fiscal years 2014 and 2015, the amount computed for	135836
the district under the section of this act entitled "TRANSITIONAL	135837
AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS" also	135838
shall be included.	135839

(5) "State education aid," for a joint vocational school	135840
district, means the following:	135841

(a) For fiscal years prior to fiscal year 2010, the sum of	135842
the state aid amounts computed for the district under division (N)	135843
of section 3317.024 and section 3317.16 of the Revised Code.	135844
However, when calculating state education aid for a joint	135845
vocational school district for fiscal years 2008 and 2009, include	135846
the amount computed for the district under Section 269.30.90 of	135847
H.B. 119 of the 127th general assembly, as subsequently amended.	135848

(b) For fiscal years 2010 and 2011, the amount computed for	135849
the district in accordance with the section of H.B. 1 of the 128th	135850
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	135851
DISTRICTS"."	135852

(c) For fiscal years 2012 and 2013, the amount paid in	135853
accordance with the section of H.B. 153 of the 129th general	135854
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	135855

(d) For fiscal year 2014 and each fiscal year thereafter, the	135856
amount computed for the district under section 3317.16 of the	135857
Revised Code; except that, for fiscal years 2014 and 2015, the	135858
amount computed for the district under the section of this act	135859
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS"	135860
shall be included.	135861

(6) "State education aid offset" means the amount determined	135862
for each school district or joint vocational school district under	135863
division (A)(1) of section 5727.85 of the Revised Code.	135864

(7) "Recognized valuation" ~~has the same meaning as in~~means	135865
the amount computed for a school district pursuant to section	135866
~~3317.02~~3317.015 of the Revised Code.	135867

(8) "Electric company tax value loss" means the amount	135868
determined under division (D) of this section.	135869

(9) "Natural gas company tax value loss" means the amount	135870
determined under division (E) of this section.	135871

(10) "Tax value loss" means the sum of the electric company	135872
tax value loss and the natural gas company tax value loss.	135873

(11) "Fixed-rate levy" means any tax levied on property other	135874
than a fixed-sum levy.	135875

(12) "Fixed-rate levy loss" means the amount determined under	135876
division (G) of this section.	135877

(13) "Fixed-sum levy" means a tax levied on property at	135878
whatever rate is required to produce a specified amount of tax	135879
money or levied in excess of the ten-mill limitation to pay debt	135880
charges, and includes school district emergency levies charged and	135881
payable pursuant to section 5705.194 of the Revised Code.	135882

(14) "Fixed-sum levy loss" means the amount determined under	135883
division (H) of this section.	135884

(15) "Consumer price index" means the consumer price index	135885
(all items, all urban consumers) prepared by the bureau of labor	135886
statistics of the United States department of labor.	135887

(16) "Total resources" and "total library resources" have the	135888
same meanings as in section 5751.20 of the Revised Code.	135889

(17) "2011 current expense S.B. 3 allocation" means the sum	135890
of payments received by a school district or joint vocational	135891
school district in fiscal year 2011 for current expense levy	135892
losses pursuant to division (C)(2) of section 5727.85 of the	135893
Revised Code. If a fixed-rate levy eligible for reimbursement is	135894
not charged and payable in any year after tax year 2010, "2011	135895
current expense S.B. 3 allocation" used to compute payments to be	135896
made under division (C)(3) of section 5727.85 of the Revised Code	135897
in the tax years following the last year the levy is charged and	135898
payable shall be reduced to the extent that those payments are	135899
attributable to the fixed-rate levy loss of that levy.	135900

(18) "2010 current expense S.B. 3 allocation" means the sum	135901
of payments received by a municipal corporation in calendar year	135902
2010 for current expense levy losses pursuant to division (A)(1)	135903
of section 5727.86 of the Revised Code, excluding any such	135904
payments received for current expense levy losses attributable to	135905
a tax levied under section 5705.23 of the Revised Code. If a	135906
fixed-rate levy eligible for reimbursement is not charged and	135907
payable in any year after tax year 2010, "2010 current expense	135908
S.B. 3 allocation" used to compute payments to be made under	135909
division (A)(1)(d) or (e) of section 5727.86 of the Revised Code	135910
in the tax years following the last year the levy is charged and	135911
payable shall be reduced to the extent that those payments are	135912
attributable to the fixed-rate levy loss of that levy.	135913

(19) "2010 S.B. 3 allocation" means the sum of payments	135914
received by a local taxing unit during calendar year 2010 pursuant	135915
to division (A)(1) of section 5727.86 of the Revised Code,	135916
excluding any such payments received for fixed-rate levy losses	135917
attributable to a tax levied under section 5705.23 of the Revised	135918
Code. If a fixed-rate levy eligible for reimbursement is not	135919
charged and payable in any year after tax year 2010, "2010 S.B. 3	135920
allocation" used to compute payments to be made under division	135921
(A)(1)(d) or (e) of section 5727.86 of the Revised Code in the tax	135922
years following the last year the levy is charged and payable	135923
shall be reduced to the extent that those payments are	135924
attributable to the fixed-rate levy loss of that levy.	135925

(20) "Total S.B. 3 allocation" means, in the case of a school	135926
district or joint vocational school district, the sum of the	135927
payments received in fiscal year 2011 pursuant to divisions (C)(2)	135928
and (D) of section 5727.85 of the Revised Code. In the case of a	135929
local taxing unit, "total S.B. 3 allocation" means the sum of	135930
payments received by the unit in calendar year 2010 pursuant to	135931
divisions (A)(1) and (4) of section 5727.86 of the Revised Code,	135932
excluding any such payments received for fixed-rate levy losses	135933
attributable to a tax levied under section 5705.23 of the Revised	135934
Code. If a fixed-rate levy eligible for reimbursement is not	135935
charged and payable in any year after tax year 2010, "total S.B. 3	135936
allocation" used to compute payments to be made under division	135937
(C)(3) of section 5727.85 or division (A)(1)(d) or (e) of section	135938
5727.86 of the Revised Code in the tax years following the last	135939
year the levy is charged and payable shall be reduced to the	135940
extent that those payments are attributable to the fixed-rate levy	135941
loss of that levy as would be computed under division (C)(2) of	135942
section 5727.85 or division (A)(1)(b) of section 5727.86 of the	135943
Revised Code.	135944

(21) "2011 non-current expense S.B. 3 allocation" means the	135945
difference of a school district's or joint vocational school	135946
district's total S.B. 3 allocation minus the sum of the school	135947
district's 2011 current expense S.B. 3 allocation and the portion	135948
of the school district's total S.B. 3 allocation constituting	135949
reimbursement for debt levies pursuant to division (D) of section	135950
5727.85 of the Revised Code.	135951

(22) "2010 non-current expense S.B. 3 allocation" means the	135952
difference of a municipal corporation's total S.B. 3 allocation	135953
minus the sum of its 2010 current expense S.B. 3 allocation and	135954
the portion of its total S.B. 3 allocation constituting	135955
reimbursement for debt levies pursuant to division (A)(4) of	135956
section 5727.86 of the Revised Code.	135957

(23) "S.B. 3 allocation for library purposes" means, in the	135958
case of a county, municipal corporation, school district, or	135959
township public library that receives the proceeds of a tax levied	135960
under section 5705.23 of the Revised Code, the sum of the payments	135961
received by the public library in calendar year 2010 pursuant to	135962
section 5727.86 of the Revised Code for fixed-rate levy losses	135963
attributable to a tax levied under section 5705.23 of the Revised	135964
Code. If a fixed-rate levy authorized under section 5705.23 of the	135965
Revised Code that is eligible for reimbursement is not charged and	135966
payable in any year after tax year 2010, "S.B. 3 allocation for	135967
library purposes" used to compute payments to be made under	135968
division (A)(1)(f) of section 5727.86 of the Revised Code in the	135969
tax years following the last year the levy is charged and payable	135970
shall be reduced to the extent that those payments are	135971
attributable to the fixed-rate levy loss of that levy as would be	135972
computed under division (A)(1)(b) of section 5727.86 of the	135973
Revised Code.	135974

(24) "Threshold per cent" means, in the case of a school	135975
district or joint vocational school district, two per cent for	135976
fiscal year 2012 and four per cent for fiscal years 2013 and	135977
thereafter. In the case of a local taxing unit or public library	135978
that receives the proceeds of a tax levied under section 5705.23	135979
of the Revised Code, "threshold per cent" means two per cent for	135980
calendar year 2011, four per cent for calendar year 2012, and six	135981
per cent for calendar years 2013 and thereafter.	135982

(B) The kilowatt-hour tax receipts fund is hereby created in	135983
the state treasury and shall consist of money arising from the tax	135984
imposed by section 5727.81 of the Revised Code. All money in the	135985
kilowatt-hour tax receipts fund shall be credited as follows:	135986

Fiscal Year	General Revenue Fund	School District Property Tax Replacement Fund	Local Government Property Tax Replacement Fund	135987
2001-2011	63.0%	25.4%	11.6%	135988
2012 and thereafter	88.0%	9.0%	3.0%	135989

(C) The natural gas tax receipts fund is hereby created in	135990
the state treasury and shall consist of money arising from the tax	135991
imposed by section 5727.811 of the Revised Code. All money in the	135992
fund shall be credited as follows:	135993

(1) For fiscal years before fiscal year 2012:

135994

(a) Sixty-eight and seven-tenths per cent shall be credited	135995
to the school district property tax replacement fund for the	135996
purpose of making the payments described in section 5727.85 of the	135997
Revised Code.	135998

(b) Thirty-one and three-tenths per cent shall be credited to	135999
the local government property tax replacement fund for the purpose	136000
of making the payments described in section 5727.86 of the Revised	136001
Code.	136002

(2) For fiscal years 2012 and thereafter, one hundred per	136003
cent to the general revenue fund.	136004

(D) Not later than January 1, 2002, the tax commissioner	136005
shall determine for each taxing district its electric company tax	136006
value loss, which is the sum of the applicable amounts described	136007
in divisions (D)(1) to (4) of this section:	136008

(1) The difference obtained by subtracting the amount	136009
described in division (D)(1)(b) from the amount described in	136010
division (D)(1)(a) of this section.	136011

(a) The value of electric company and rural electric company	136012
tangible personal property as assessed by the tax commissioner for	136013
tax year 1998 on a preliminary assessment, or an amended	136014
preliminary assessment if issued prior to March 1, 1999, and as	136015
apportioned to the taxing district for tax year 1998;	136016

(b) The value of electric company and rural electric company	136017
tangible personal property as assessed by the tax commissioner for	136018
tax year 1998 had the property been apportioned to the taxing	136019
district for tax year 2001, and assessed at the rates in effect	136020
for tax year 2001.	136021

(2) The difference obtained by subtracting the amount	136022
described in division (D)(2)(b) from the amount described in	136023
division (D)(2)(a) of this section.	136024

(a) The three-year average for tax years 1996, 1997, and 1998	136025
of the assessed value from nuclear fuel materials and assemblies	136026
assessed against a person under Chapter 5711. of the Revised Code	136027
from the leasing of them to an electric company for those	136028
respective tax years, as reflected in the preliminary assessments;	136029

(b) The three-year average assessed value from nuclear fuel	136030
materials and assemblies assessed under division (D)(2)(a) of this	136031
section for tax years 1996, 1997, and 1998, as reflected in the	136032
preliminary assessments, using an assessment rate of twenty-five	136033
per cent.	136034

(3) In the case of a taxing district having a nuclear power	136035
plant within its territory, any amount, resulting in an electric	136036
company tax value loss, obtained by subtracting the amount	136037
described in division (D)(1) of this section from the difference	136038
obtained by subtracting the amount described in division (D)(3)(b)	136039
of this section from the amount described in division (D)(3)(a) of	136040
this section.	136041

(a) The value of electric company tangible personal property	136042
as assessed by the tax commissioner for tax year 2000 on a	136043
preliminary assessment, or an amended preliminary assessment if	136044
issued prior to March 1, 2001, and as apportioned to the taxing	136045
district for tax year 2000;	136046

(b) The value of electric company tangible personal property	136047
as assessed by the tax commissioner for tax year 2001 on a	136048
preliminary assessment, or an amended preliminary assessment if	136049
issued prior to March 1, 2002, and as apportioned to the taxing	136050
district for tax year 2001.	136051

(4) In the case of a taxing district having a nuclear power	136052
plant within its territory, the difference obtained by subtracting	136053
the amount described in division (D)(4)(b) of this section from	136054
the amount described in division (D)(4)(a) of this section,	136055
provided that such difference is greater than ten per cent of the	136056
amount described in division (D)(4)(a) of this section.	136057

(a) The value of electric company tangible personal property	136058
as assessed by the tax commissioner for tax year 2005 on a	136059
preliminary assessment, or an amended preliminary assessment if	136060
issued prior to March 1, 2006, and as apportioned to the taxing	136061
district for tax year 2005;	136062

(b) The value of electric company tangible personal property	136063
as assessed by the tax commissioner for tax year 2006 on a	136064
preliminary assessment, or an amended preliminary assessment if	136065
issued prior to March 1, 2007, and as apportioned to the taxing	136066
district for tax year 2006.	136067

(E) Not later than January 1, 2002, the tax commissioner	136068
shall determine for each taxing district its natural gas company	136069
tax value loss, which is the sum of the amounts described in	136070
divisions (E)(1) and (2) of this section:	136071

(1) The difference obtained by subtracting the amount	136072
described in division (E)(1)(b) from the amount described in	136073
division (E)(1)(a) of this section.	136074

(a) The value of all natural gas company tangible personal	136075
property, other than property described in division (E)(2) of this	136076
section, as assessed by the tax commissioner for tax year 1999 on	136077
a preliminary assessment, or an amended preliminary assessment if	136078
issued prior to March 1, 2000, and apportioned to the taxing	136079
district for tax year 1999;	136080

(b) The value of all natural gas company tangible personal	136081
property, other than property described in division (E)(2) of this	136082
section, as assessed by the tax commissioner for tax year 1999 had	136083
the property been apportioned to the taxing district for tax year	136084
2001, and assessed at the rates in effect for tax year 2001.	136085

(2) The difference in the value of current gas obtained by	136086
subtracting the amount described in division (E)(2)(b) from the	136087
amount described in division (E)(2)(a) of this section.	136088

(a) The three-year average assessed value of current gas as	136089
assessed by the tax commissioner for tax years 1997, 1998, and	136090
1999 on a preliminary assessment, or an amended preliminary	136091
assessment if issued prior to March 1, 2001, and as apportioned in	136092
the taxing district for those respective years;	136093

(b) The three-year average assessed value from current gas	136094
under division (E)(2)(a) of this section for tax years 1997, 1998,	136095
and 1999, as reflected in the preliminary assessment, using an	136096
assessment rate of twenty-five per cent.	136097

(F) The tax commissioner may request that natural gas	136098
companies, electric companies, and rural electric companies file a	136099
report to help determine the tax value loss under divisions (D)	136100
and (E) of this section. The report shall be filed within thirty	136101
days of the commissioner's request. A company that fails to file	136102
the report or does not timely file the report is subject to the	136103
penalty in section 5727.60 of the Revised Code.	136104

(G) Not later than January 1, 2002, the tax commissioner	136105
shall determine for each school district, joint vocational school	136106
district, and local taxing unit its fixed-rate levy loss, which is	136107
the sum of its electric company tax value loss multiplied by the	136108
tax rate in effect in tax year 1998 for fixed-rate levies and its	136109
natural gas company tax value loss multiplied by the tax rate in	136110
effect in tax year 1999 for fixed-rate levies.	136111

(H) Not later than January 1, 2002, the tax commissioner	136112
shall determine for each school district, joint vocational school	136113
district, and local taxing unit its fixed-sum levy loss, which is	136114
the amount obtained by subtracting the amount described in	136115
division (H)(2) of this section from the amount described in	136116
division (H)(1) of this section:	136117

(1) The sum of the electric company tax value loss multiplied	136118
by the tax rate in effect in tax year 1998, and the natural gas	136119
company tax value loss multiplied by the tax rate in effect in tax	136120
year 1999, for fixed-sum levies for all taxing districts within	136121
each school district, joint vocational school district, and local	136122
taxing unit. For the years 2002 through 2006, this computation	136123
shall include school district emergency levies that existed in	136124
1998 in the case of the electric company tax value loss, and 1999	136125
in the case of the natural gas company tax value loss, and all	136126
other fixed-sum levies that existed in 1998 in the case of the	136127
electric company tax value loss and 1999 in the case of the	136128
natural gas company tax value loss and continue to be charged in	136129
the tax year preceding the distribution year. For the years 2007	136130
through 2016 in the case of school district emergency levies, and	136131
for all years after 2006 in the case of all other fixed-sum	136132
levies, this computation shall exclude all fixed-sum levies that	136133
existed in 1998 in the case of the electric company tax value loss	136134
and 1999 in the case of the natural gas company tax value loss,	136135
but are no longer in effect in the tax year preceding the	136136
distribution year. For the purposes of this section, an emergency	136137
levy that existed in 1998 in the case of the electric company tax	136138
value loss, and 1999 in the case of the natural gas company tax	136139
value loss, continues to exist in a year beginning on or after	136140
January 1, 2007, but before January 1, 2017, if, in that year, the	136141
board of education levies a school district emergency levy for an	136142
annual sum at least equal to the annual sum levied by the board in	136143
tax year 1998 or 1999, respectively, less the amount of the	136144
payment certified under this division for 2002.	136145

(2) The total taxable value in tax year 1999 less the tax	136146
value loss in each school district, joint vocational school	136147
district, and local taxing unit multiplied by one-fourth of one	136148
mill.	136149

If the amount computed under division (H) of this section for	136150
any school district, joint vocational school district, or local	136151
taxing unit is greater than zero, that amount shall equal the	136152
fixed-sum levy loss reimbursed pursuant to division (F) of section	136153
5727.85 of the Revised Code or division (A)(2) of section 5727.86	136154
of the Revised Code, and the one-fourth of one mill that is	136155
subtracted under division (H)(2) of this section shall be	136156
apportioned among all contributing fixed-sum levies in the	136157
proportion of each levy to the sum of all fixed-sum levies within	136158
each school district, joint vocational school district, or local	136159
taxing unit.	136160

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	136161
section, in computing the tax value loss, fixed-rate levy loss,	136162
and fixed-sum levy loss, the tax commissioner shall use the	136163
greater of the 1998 tax rate or the 1999 tax rate in the case of	136164
levy losses associated with the electric company tax value loss,	136165
but the 1999 tax rate shall not include for this purpose any tax	136166
levy approved by the voters after June 30, 1999, and the tax	136167
commissioner shall use the greater of the 1999 or the 2000 tax	136168
rate in the case of levy losses associated with the natural gas	136169
company tax value loss.	136170

(J) Not later than January 1, 2002, the tax commissioner	136171
shall certify to the department of education the tax value loss	136172
determined under divisions (D) and (E) of this section for each	136173
taxing district, the fixed-rate levy loss calculated under	136174
division (G) of this section, and the fixed-sum levy loss	136175
calculated under division (H) of this section. The calculations	136176
under divisions (G) and (H) of this section shall separately	136177
display the levy loss for each levy eligible for reimbursement.	136178

(K) Not later than September 1, 2001, the tax commissioner	136179
shall certify the amount of the fixed-sum levy loss to the county	136180
auditor of each county in which a school district with a fixed-sum	136181
levy loss has territory.	136182

Sec. 5727.89. (A) The tax commissioner may make an	136183
assessment, based on any information in the commissioner's	136184
possession, against any natural gas distribution company, electric	136185
distribution company, self-assessing purchaser, or qualified end	136186
user that fails to file a return or pay any tax, interest, or	136187
additional charge as required by sections 5727.80 to 5727.95 of	136188
the Revised Code.	136189

When information in the possession of the tax commissioner	136190
indicates that a person liable for the tax imposed by section	136191
5727.81 or 5727.811 of the Revised Code has not paid the full	136192
amount of tax due, the commissioner may audit a representative	136193
sample of the person's business and may issue an assessment based	136194
on the audit. The commissioner shall give the person assessed	136195
written notice of the assessment in the manner provided in section	136196
5703.37 of the Revised Code. With the notice, the commissioner	136197
shall provide instructions on how to petition for reassessment and	136198
request a hearing on the petition.	136199

The tax commissioner may issue an assessment for which the	136200
tax imposed by section 5727.81 or 5727.811 of the Revised Code was	136201
due and unpaid on the date the person was informed by an agent of	136202
the tax commissioner of an investigation or audit of the person.	136203
Any payment of the tax for the period covered by the assessment,	136204
after the person is so informed, shall be credited against the	136205
assessment.	136206

A penalty of up to fifteen per cent may be added to all	136207
amounts assessed under this section. The commissioner may adopt	136208
rules providing for the imposition and remission of penalties.	136209

(B) Unless the party assessed files with the tax commissioner	136210
within sixty days after service of the notice of assessment,	136211
either personally or by certified mail, a written petition for	136212
reassessment signed by the party assessed or that party's	136213
authorized agent having knowledge of the facts, the assessment	136214
becomes final and the amount of the assessment is due and payable	136215
from the party assessed to the treasurer of state. The petition	136216
shall indicate the objections of the party assessed, but	136217
additional objections may be raised in writing if received by the	136218
commissioner prior to the date shown on the final determination.	136219
If the petition has been properly filed, the commissioner shall	136220
proceed under section 5703.60 of the Revised Code.	136221

(C) After an assessment becomes final, if any portion of the	136222
assessment, including accrued interest, remains unpaid, a	136223
certified copy of the tax commissioner's entry making the	136224
assessment final may be filed in the office of the clerk of the	136225
court of common pleas in the county in which the party assessed	136226
resides or in which the party's business is conducted. If the	136227
party assessed maintains no place of business in this state and is	136228
not a resident of this state, the certified copy of the entry may	136229
be filed in the office of the clerk of the court of common pleas	136230
of Franklin county.	136231

Immediately upon the filing of the entry, the clerk shall	136232
enter a judgment for the state against the person assessed in the	136233
amount shown on the entry. The judgment may be filed by the clerk	136234
in a loose-leaf book entitled "special judgments for the	136235
distribution excise taxes," and shall have the same effect as	136236
other judgments. Execution shall issue upon the judgment at the	136237
request of the tax commissioner, and all laws applicable to sales	136238
on execution shall apply to sales made under the judgment.	136239

~~The portion of~~If the assessment is not paid in its entirety	136240
within sixty days after the day the assessment was issued, the	136241
portion of the assessment consisting of tax due shall bear	136242
interest at the rate per annum prescribed by section 5703.47 of	136243
the Revised Code from the day the tax commissioner issues the	136244
assessment until the day the assessment is paid or until it is	136245
certified to the attorney general for collection under section	136246
131.02 of the Revised Code, whichever comes first. If the unpaid	136247
portion of the assessment is certified to the attorney general for	136248
collection, the entire unpaid portion of the assessment shall bear	136249
interest at the rate per annum prescribed by section 5703.47 of	136250
the Revised Code from the date of certification until the date it	136251
is paid in its entirety. Interest shall be paid in the same manner	136252
as the tax and may be collected by the issuance of an assessment	136253
under this section.	136254

(D) If the tax commissioner believes that collection of the	136255
tax imposed by section 5727.81 or 5727.811 of the Revised Code	136256
will be jeopardized unless proceedings to collect or secure	136257
collection of the tax are instituted without delay, the	136258
commissioner may issue a jeopardy assessment against the person	136259
liable for the tax. Immediately upon the issuance of the jeopardy	136260
assessment, the commissioner shall file an entry with the clerk of	136261
the court of common pleas in the manner prescribed by division (C)	136262
of this section. Notice of the jeopardy assessment shall be served	136263
on the party assessed or the party's legal representative within	136264
five days of the filing of the entry with the clerk. The total	136265
amount assessed is immediately due and payable, unless the party	136266
assessed files a petition for reassessment in accordance with	136267
division (B) of this section and provides security in a form	136268
satisfactory to the commissioner and in an amount sufficient to	136269
satisfy the unpaid balance of the assessment. Full or partial	136270
payment of the assessment does not prejudice the commissioner's	136271
consideration of the petition for reassessment.	136272

(E) All money collected by the tax commissioner under this	136273
section shall be paid to the treasurer of state, and when paid	136274
shall be considered as revenue arising from the taxes imposed by	136275
sections 5727.81 and 5727.811 of the Revised Code.	136276

Sec. 5728.10. (A) If any person required to file a fuel use	136277
tax return by sections 5728.01 to 5728.14 of the Revised Code,	136278
fails to file the return within the time prescribed by those	136279
sections, files an incomplete return, files an incorrect return,	136280
or fails to remit the full amount of the tax due for the period	136281
covered by the return, the tax commissioner may make an assessment	136282
against the person, based upon any information in the	136283
commissioner's possession, for the period for which the tax was	136284
due.	136285

No assessment shall be made against any person for any tax	136286
imposed by this chapter more than four years after the return date	136287
for the period for which the tax was due or more than four years	136288
after the return for the period was filed, whichever is later.	136289
This section does not bar an assessment against any person who	136290
fails to file a fuel use tax return as required by this chapter,	136291
or who files a fraudulent fuel use tax return.	136292

A penalty of up to fifteen per cent may be added to the	136293
amount of every assessment made pursuant to this section. The	136294
commissioner may adopt rules providing for the imposition and	136295
remission of penalties added to assessments made under this	136296
section.	136297

The commissioner shall give the party assessed written notice	136298
of the assessment in the manner provided in section 5703.37 of the	136299
Revised Code. With the notice, the commissioner shall provide	136300
instructions on how to petition for reassessment and request a	136301
hearing on the petition.	136302

(B) Unless the party assessed files with the tax commissioner	136303
within sixty days after service of the notice of assessment,	136304
either personally or by certified mail, a written petition for	136305
reassessment, signed by the party assessed, or by the party's	136306
authorized agent having knowledge of the facts, the assessment	136307
becomes final and the amount of the assessment is due and payable	136308
from the party assessed to the treasurer of state. The petition	136309
shall indicate the objections of the party assessed, but	136310
additional objections may be raised in writing if received by the	136311
commissioner prior to the date shown on the final determination.	136312
If the petition has been properly filed, the commissioner shall	136313
proceed under section 5703.60 of the Revised Code.	136314

(C) After an assessment becomes final, if any portion of the	136315
assessment remains unpaid, including accrued interest, a certified	136316
copy of the tax commissioner's entry making the assessment final	136317
may be filed in the office of the clerk of the court of common	136318
pleas in the county in which the party's place of business is	136319
located or the county in which the party assessed resides. If the	136320
party maintains no office in this state and is not a resident of	136321
this state, the certified copy of the entry may be filed in the	136322
office of the clerk of the court of common pleas of Franklin	136323
county.	136324

Immediately upon the filing of the entry, the clerk shall	136325
enter a judgment for the state of Ohio against the party assessed	136326
in the amount shown on the entry. The judgment may be filed by the	136327
clerk in a loose-leaf book entitled "special judgments for state	136328
fuel use tax," and shall have the same effect as other judgments.	136329
Execution shall issue upon the judgment upon the request of the	136330
commissioner, and all laws applicable to sales on execution shall	136331
apply to sales made under the judgment.	136332

~~The portion of~~If the assessment is not paid within sixty	136333
days after the day the assessment was issued, the portion of the	136334
assessment consisting of tax due shall bear interest at the rate	136335
per annum prescribed by section 5703.47 of the Revised Code from	136336
the day the commissioner issues the assessment until it is paid or	136337
until it is certified to the attorney general for collection under	136338
section 131.02 of the Revised Code, whichever comes first. If the	136339
unpaid portion of the assessment is certified to the attorney	136340
general for collection, the entire unpaid portion of the	136341
assessment shall bear interest at the rate per annum prescribed by	136342
section 5703.47 of the Revised Code from the date of certification	136343
until the date it is paid in its entirety. Interest shall be paid	136344
in the same manner as the tax and may be collected by the issuance	136345
of an assessment under this section.	136346

(D) All money collected by the tax commissioner under this	136347
section shall be paid into the state treasury in the same manner	136348
as the revenues deriving from the taxes imposed by section 5728.06	136349
of the Revised Code.	136350

Sec. 5729.03. (A) If the superintendent of insurance finds	136351
the annual statement required by section 5729.02 of the Revised	136352
Code to be correct, the superintendent shall compute the following	136353
amount, as applicable, of the balance of such gross amount, after	136354
deducting such return premiums and considerations received for	136355
reinsurance, and charge such amount to such company as a tax upon	136356
the business done by it in this state for the period covered by	136357
such annual statement:	136358

(1) If the company is a health insuring corporation, one per	136359
cent of the balance of premium rate payments received, exclusive	136360
of payments received under the medicare program ~~established under~~	136361
~~Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42~~	136362
~~U.S.C.A. 301, as amended,~~ and exclusive of payments received	136363
pursuant to the ~~medical assistance~~medicaid program ~~established~~	136364
~~under Chapter 5111. of the Revised Code~~ for the period ending	136365
September 30, 2009, as reflected in its annual report;	136366

(2) If the company is not a health insuring corporation, one	136367
and four-tenths per cent of the balance of premiums received,	136368
exclusive of premiums received under the medicare program	136369
~~established under Title XVIII of the "Social Security Act," 49~~	136370
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ and exclusive of	136371
payments received pursuant to the ~~medical assistance~~medicaid	136372
program ~~established under Chapter 5111. of the Revised Code~~ for	136373
the period ending September 30, 2009, as reflected in its annual	136374
statement, and, if the company operates a health insuring	136375
corporation as a line of business, one per cent of the balance of	136376
premium rate payments received from that line of business,	136377
exclusive of payments received under the medicare program	136378
~~established under Title XVIII of the "Social Security Act," 49~~	136379
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ and exclusive of	136380
payments received pursuant to the ~~medical assistance~~medicaid	136381
program ~~established under Chapter 5111. of the Revised Code~~ for	136382
the period ending September 30, 2009, as reflected in its annual	136383
statement.	136384

Each foreign insurance company, including health insuring	136385
corporations, receiving payments pursuant to the ~~medical~~	136386
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	136387
~~Revised Code~~ during the period beginning October 1, 2009, and	136388
ending December 31, 2009, shall file with the 2009 annual	136389
statement to the superintendent a schedule that reflects those	136390
payments received pursuant to the ~~medical assistance~~medicaid	136391
program for that period. The payments reflected in the schedule,	136392
plus all other taxable premiums, are subject to the annual	136393
franchise tax due to be paid in 2010.	136394

(B) Any insurance policies that were not issued in violation	136395
of Title XXXIX of the Revised Code and that were issued prior to	136396
April 15, 1967, by a life insurance company organized and operated	136397
without profit to any private shareholder or individual,	136398
exclusively for the purpose of aiding educational or scientific	136399
institutions organized and operated without profit to any private	136400
shareholder or individual, are not subject to the tax imposed by	136401
this section. All taxes collected pursuant to this section shall	136402
be credited to the general revenue fund.	136403

(C) In no case shall the tax imposed under this section be	136404
less than two hundred fifty dollars.	136405

Sec. 5729.04. To compute franchise taxes on gross premiums	136406
to be paid under any law of this state by any mutual insurance	136407
company authorized to do business under the laws of this state, or	136408
by any stock insurance company so authorized, doing business on	136409
the plan of distributing back to its policyholders at the end of	136410
the policy year refunds of a portion of the premium collected, the	136411
amount of premium deposits received by the company upon any risk	136412
written pursuant to section 3925.34 or division (A)(1), (2), or	136413
(7), or (14) of section 3929.01 of the Revised Code, within this	136414
state in excess of the net cost of insurance to the insured shall	136415
not be included where the excess deposit is returned ratably by	136416
the company to its policyholders; but the amount of gross or	136417
aggregate premiums received by the company is deemed the balance	136418
remaining after deducting from the gross amount of premium	136419
deposits received or collected by it on risks in this state during	136420
the preceding calendar year that portion of gross premium deposits	136421
returned by it to policyholders during the preceding calendar	136422
year, upon the cancellation or expiration of risks upon property	136423
situated within this state. In addition to the matters of return	136424
required to be made by insurance companies for the purpose of	136425
computing taxes, any company shall also return for such purpose in	136426
its annual statement:	136427

(A) The gross amount of premium deposits received or	136428
collected by it on risks in this state during the preceding	136429
calendar year;	136430

(B) The total amount of gross premium deposits returned to	136431
policyholders during such preceding calendar year upon	136432
cancellation and upon expiration of risks upon property situated	136433
within this state.	136434

Where insurance against fire is included with insurance	136435
against other perils at an undivided premium, a reasonable	136436
allocation from the entire premium shall be made for the fire	136437
portion of the coverage in such manner as the superintendent of	136438
insurance may direct.	136439

Sec. 5729.16. (A) Terms used in this section have the same	136440
meaning as in section 5725.33 of the Revised Code.	136441

(B) There is hereby allowed a nonrefundable credit against	136442
the tax imposed by section 5729.03 of the Revised Code for a	136443
foreign insurance company holding a qualified equity investment on	136444
the credit allowance date occurring in the calendar year for which	136445
the tax is due. The credit shall be computed in the same manner	136446
prescribed for the computation of credits allowed under section	136447
5725.33 of the Revised Code.	136448

The credit shall be claimed in the order prescribed by	136449
section 5729.98 of the Revised Code. If the amount of the credit	136450
exceeds the amount of tax otherwise due after deducting all other	136451
credits in that order, the excess may be carried forward and	136452
applied to the tax due for not more than four ensuing years.	136453

By claiming a tax credit under this section, an insurance	136454
company waives its rights under section 5729.102 of the Revised	136455
Code with respect to the time limitation for the assessment of	136456
taxes as it relates to credits claimed that later become subject	136457
to recapture under division (D) of this section.	136458

(C) The total amount of qualified equity investments on the	136459
basis of which credits may be claimed under this section, section	136460
5725.33, and section 5733.58 of the Revised Code is subject to the	136461
limitation of division (C) of section 5725.33 of the Revised Code.	136462

(D) If any amount of ~~the~~a federal tax credit allowed for a	136463
qualified equity investment for which a credit was received under	136464
this section is recaptured under section 45D of the Internal	136465
Revenue Code, or if the director of development services	136466
determines that an investment for which a tax credit is claimed	136467
under this section is not a qualified equity investment or that	136468
the proceeds of an investment for which a tax credit is claimed	136469
under this section are used to make qualified low-income community	136470
investments other than in a qualified active low-income community	136471
business, all or a portion of the credit received on account of	136472
that investment shall be paid by the insurance company that	136473
received the credit to the superintendent of insurance. The amount	136474
to be recovered shall be determined by the director of development	136475
services pursuant to rules adopted under section 5725.33 of the	136476
Revised Code. The director shall certify any amount due under this	136477
division to the superintendent of insurance, and the	136478
superintendent shall notify the treasurer of state of the amount	136479
due. Upon notification, the treasurer shall invoice the insurance	136480
company for the amount due. The amount due is payable not later	136481
than thirty days after the date the treasurer invoices the	136482
insurance company. The amount due shall be considered to be tax	136483
due under section 5729.03 of the Revised Code, and may be	136484
collected by assessment without regard to the time limitations	136485
imposed under section 5729.102 of the Revised Code for the	136486
assessment of taxes by the superintendent. All amounts collected	136487
under this division shall be credited as revenue from the tax	136488
levied under section 5729.03 of the Revised Code.	136489

Sec. 5729.17. (A) As used in this section, "certificate	136490
owner" has the same meaning as in section 149.311 of the Revised	136491
Code.	136492

(B) There is allowed a credit against the tax imposed by	136493
section 5729.03 of the Revised Code for an insurance company	136494
subject to that tax that is a certificate owner of a	136495
rehabilitation tax credit certificate issued under section 149.311	136496
of the Revised Code. The credit shall equal twenty-five per cent	136497
of the dollar amount indicated on the certificate, but the amount	136498
of the credit allowed for any company for any year shall not	136499
exceed ~~five~~ten million dollars. The credit shall be claimed in	136500
the calendar year specified in the certificate and in the order	136501
required under section 5729.98 of the Revised Code. If the credit	136502
exceeds the amount of tax otherwise due in that year, the excess	136503
shall be refunded to the company but, if any amount of the credit	136504
is refunded, the sum of the amount refunded and the amount applied	136505
to reduce the tax otherwise due in that year shall not exceed	136506
three million dollars. The company may carry forward any balance	136507
of the credit in excess of the amount claimed in that year for not	136508
more than five ensuing years, and shall deduct any amount claimed	136509
in any such year from the amount claimed in an ensuing year.	136510

(C) An insurance company claiming a credit under this section	136511
shall retain the rehabilitation tax credit certificate for four	136512
years following the end of the year in which the credit was	136513
claimed, and shall make the certificate available for inspection	136514
by the tax commissioner upon the request of the tax commissioner	136515
during that period.	136516

Sec. 5731.39. This section does not apply to, and the	136517
written permission of the tax commissioner is not required for	136518
asset transfers with respect to, decedents dying on or after	136519
January 1, 2013.	136520

(A) No corporation organized or existing under the laws of	136521
this state shall transfer on its books or issue a new certificate	136522
for any share of its capital stock registered in the name of a	136523
decedent, or in trust for a decedent, or in the name of a decedent	136524
and another person or persons, without the written consent of the	136525
tax commissioner.	136526

(B) No safe deposit company, trust company, financial	136527
institution as defined in division (A) of section 5725.01 of the	136528
Revised Code, or other corporation or person, having in	136529
possession, control, or custody a deposit standing in the name of	136530
a decedent, or in trust for a decedent, or in the name of a	136531
decedent and another person or persons, shall deliver or transfer	136532
an amount in excess of three-fourths of the total value of such	136533
deposit, including accrued interest and dividends, as of the date	136534
of decedent's death, without the written consent of the tax	136535
commissioner. The written consent of the tax commissioner need not	136536
be obtained prior to the delivery or transfer of amounts having a	136537
value of three-fourths or less of said total value.	136538

(C) No life insurance company shall pay the proceeds of an	136539
annuity or matured endowment contract, or of a life insurance	136540
contract payable to the estate of a decedent, or of any other	136541
insurance contract taxable under Chapter 5731. of the Revised	136542
Code, without the written consent of the tax commissioner. Any	136543
life insurance company may pay the proceeds of any insurance	136544
contract not specified in this division (C) without the written	136545
consent of the tax commissioner.	136546

(D) No trust company or other corporation or person shall pay	136547
the proceeds of any death benefit, retirement, pension, or	136548
profit-sharing plan in excess of two thousand dollars, without the	136549
written consent of the tax commissioner. Such trust company or	136550
other corporation or person, however, may pay the proceeds of any	136551
death benefit, retirement, pension, or profit-sharing plan which	136552
consists of insurance on the life of the decedent payable to a	136553
beneficiary other than the estate of the insured without the	136554
written consent of the tax commissioner.	136555

(E) No safe deposit company, trust company, financial	136556
institution as defined in division (A) of section 5725.01 of the	136557
Revised Code, or other corporation or person, having in	136558
possession, control, or custody securities, assets, or other	136559
property (including the shares of the capital stock of, or other	136560
interest in, such safe deposit company, trust company, financial	136561
institution as defined in division (A) of section 5725.01 of the	136562
Revised Code, or other corporation), standing in the name of a	136563
decedent, or in trust for a decedent, or in the name of a decedent	136564
and another person or persons, and the transfer of which is	136565
taxable under Chapter 5731. of the Revised Code, shall deliver or	136566
transfer any such securities, assets, or other property which have	136567
a value as of the date of decedent's death in excess of	136568
three-fourths of the total value thereof, without the written	136569
consent of the tax commissioner. The written consent of the tax	136570
commissioner need not be obtained prior to the delivery or	136571
transfer of any such securities, assets, or other property having	136572
a value of three-fourths or less of said total value.	136573

(F) No safe deposit company, financial institution as defined	136574
in division (A) of section 5725.01 of the Revised Code, or other	136575
corporation or person having possession or control of a safe	136576
deposit box or similar receptacle standing in the name of a	136577
decedent or in the name of the decedent and another person or	136578
persons, or to which the decedent had a right of access, except	136579
when such safe deposit box or other receptacle stands in the name	136580
of a corporation or partnership, or in the name of the decedent as	136581
guardian or executor, shall deliver any of the contents thereof	136582
unless the safe deposit box or similar receptacle has been opened	136583
and inventoried in the presence of the tax commissioner or the	136584
commissioner's agent, and a written consent to transfer issued;	136585
provided, however, that a safe deposit company, financial	136586
institution, or other corporation or person having possession or	136587
control of a safe deposit box may deliver wills, deeds to burial	136588
lots, and insurance policies to a representative of the decedent,	136589
but that a representative of the safe deposit company, financial	136590
institution, or other corporation or person must supervise the	136591
opening of the box and make a written record of the wills, deeds,	136592
and policies removed. Such written record shall be included in the	136593
tax commissioner's inventory records.	136594

(G) Notwithstanding any provision of this section:

136595

(1) The tax commissioner may authorize any delivery or	136596
transfer or waive any of the foregoing requirements under such	136597
terms and conditions as the commissioner may prescribe;	136598

(2) A home, as defined in section 3721.10 of the Revised	136599
Code, or a residential facility licensed under section ~~5119.22~~	136600
5119.34 of the Revised Code that provides accommodations,	136601
supervision, and personal care services for three to sixteen	136602
unrelated adults, may transfer or use the money in a personal	136603
needs allowance account in accordance with section ~~5111.113~~	136604
5162.22 of the Revised Code without the written consent of the tax	136605
commissioner, and without the account having been opened and	136606
inventoried in the presence of the commissioner or the	136607
commissioner's agent.	136608

Failure to comply with this section shall render such safe	136609
deposit company, trust company, life insurance company, financial	136610
institution as defined in division (A) of section 5725.01 of the	136611
Revised Code, or other corporation or person liable for the amount	136612
of the taxes and interest due under the provisions of Chapter	136613
5731. of the Revised Code on the transfer of such stock, deposit,	136614
proceeds of an annuity or matured endowment contract or of a life	136615
insurance contract payable to the estate of a decedent, or other	136616
insurance contract taxable under Chapter 5731. of the Revised	136617
Code, proceeds of any death benefit, retirement, pension, or	136618
profit-sharing plan in excess of two thousand dollars, or	136619
securities, assets, or other property of any resident decedent,	136620
and in addition thereto, to a penalty of not less than five	136621
hundred or more than five thousand dollars.	136622

Sec. 5733.01. (A) The tax provided by this chapter for	136623
domestic corporations shall be the amount charged against each	136624
corporation organized for profit under the laws of this state and	136625
each nonprofit corporation organized pursuant to Chapter 1729. of	136626
the Revised Code, except as provided in sections 5733.09 and	136627
5733.10 of the Revised Code, for the privilege of exercising its	136628
franchise during the calendar year in which that amount is	136629
payable, and the tax provided by this chapter for foreign	136630
corporations shall be the amount charged against each corporation	136631
organized for profit and each nonprofit corporation organized or	136632
operating in the same or similar manner as nonprofit corporations	136633
organized under Chapter 1729. of the Revised Code, under the laws	136634
of any state or country other than this state, except as provided	136635
in sections 5733.09 and 5733.10 of the Revised Code, for the	136636
privilege of doing business in this state, owning or using a part	136637
or all of its capital or property in this state, holding a	136638
certificate of compliance with the laws of this state authorizing	136639
it to do business in this state, or otherwise having nexus in or	136640
with this state under the Constitution of the United States,	136641
during the calendar year in which that amount is payable.	136642

(B) A corporation is subject to the tax imposed by section	136643
5733.06 of the Revised Code for each calendar year prior to 2014	136644
that it is so organized, doing business, owning or using a part or	136645
all of its capital or property, holding a certificate of	136646
compliance, or otherwise having nexus in or with this state under	136647
the Constitution of the United States, on the first day of January	136648
of that calendar year. No credit authorized by this chapter may be	136649
claimed for tax year 2014 or any tax year thereafter.	136650

(C) Any corporation subject to this chapter that is not	136651
subject to the federal income tax shall file its returns and	136652
compute its tax liability as required by this chapter in the same	136653
manner as if that corporation were subject to the federal income	136654
tax.	136655

(D) For purposes of this chapter, a federally chartered	136656
financial institution shall be deemed to be organized under the	136657
laws of the state within which its principal office is located.	136658

(E) For purposes of this chapter, any person, as defined in	136659
section 5701.01 of the Revised Code, shall be treated as a	136660
corporation if the person is classified for federal income tax	136661
purposes as an association taxable as a corporation, and an equity	136662
interest in the person shall be treated as capital stock of the	136663
person.	136664

(F) For the purposes of this chapter, "disregarded entity"	136665
has the same meaning as in division (D) of section 5745.01 of the	136666
Revised Code.	136667

(1) A person's interest in a disregarded entity, whether held	136668
directly or indirectly, shall be treated as the person's ownership	136669
of the assets and liabilities of the disregarded entity, and the	136670
income, including gain or loss, shall be included in the person's	136671
net income under this chapter.	136672

(2) Any sale, exchange, or other disposition of the person's	136673
interest in the disregarded entity, whether held directly or	136674
indirectly, shall be treated as a sale, exchange, or other	136675
disposition of the person's share of the disregarded entity's	136676
underlying assets or liabilities, and the gain or loss from such	136677
sale, exchange, or disposition shall be included in the person's	136678
net income under this chapter.	136679

(3) The disregarded entity's payroll, property, and sales	136680
factors shall be included in the person's factors.	136681

(G) The tax a corporation is required to pay under this	136682
chapter shall be as follows:	136683

(1)(a) For financial institutions, the greater of the minimum	136684
payment required under division (E) of section 5733.06 of the	136685
Revised Code or the difference between all taxes charged the	136686
financial institution under this chapter, without regard to	136687
division (G)(2) of this section, less any credits allowable	136688
against such tax.	136689

(b) A corporation satisfying the description in division	136690
(E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised	136691
Code, as that section existed before its amendment by H.B. 510 of	136692
the 129th general assembly, that is not a financial institution,	136693
insurance company, or dealer in intangibles is subject to the	136694
taxes imposed under this chapter as a corporation and not subject	136695
to tax as a financial institution, and shall pay the greater of	136696
the minimum payment required under division (E) of section 5733.06	136697
of the Revised Code or the difference between all the taxes	136698
charged under this chapter, without regard to division (G)(2) of	136699
this section, less any credits allowable against such tax.	136700

(2) For all corporations other than those persons described	136701
in division (G)(1)(a) or (b) of this section, the amount under	136702
division (G)(2)(a) of this section applicable to the tax year	136703
specified less the amount under division (G)(2)(b) of this	136704
section:	136705

(a)(i) For tax year 2005, the greater of the minimum payment	136706
required under division (E) of section 5733.06 of the Revised Code	136707
or the difference between all taxes charged the corporation under	136708
this chapter and any credits allowable against such tax;	136709

(ii) For tax year 2006, the greater of the minimum payment	136710
required under division (E) of section 5733.06 of the Revised Code	136711
or four-fifths of the difference between all taxes charged the	136712
corporation under this chapter and any credits allowable against	136713
such tax, except the qualifying pass-through entity tax credit	136714
described in division (A)(30) and the refundable credits described	136715
in divisions (A)(31) to (35) of section 5733.98 of the Revised	136716
Code;	136717

(iii) For tax year 2007, the greater of the minimum payment	136718
required under division (E) of section 5733.06 of the Revised Code	136719
or three-fifths of the difference between all taxes charged the	136720
corporation under this chapter and any credits allowable against	136721
such tax, except the qualifying pass-through entity tax credit	136722
described in division (A)(30) and the refundable credits described	136723
in divisions (A)(31) to (35) of section 5733.98 of the Revised	136724
Code;	136725

(iv) For tax year 2008, the greater of the minimum payment	136726
required under division (E) of section 5733.06 of the Revised Code	136727
or two-fifths of the difference between all taxes charged the	136728
corporation under this chapter and any credits allowable against	136729
such tax, except the qualifying pass-through entity tax credit	136730
described in division (A)(30) and the refundable credits described	136731
in divisions (A)(31) to (35) of section 5733.98 of the Revised	136732
Code;	136733

(v) For tax year 2009, the greater of the minimum payment	136734
required under division (E) of section 5733.06 of the Revised Code	136735
or one-fifth of the difference between all taxes charged the	136736
corporation under this chapter and any credits allowable against	136737
such tax, except the qualifying pass-through entity tax credit	136738
described in division (A)(30) and the refundable credits described	136739
in divisions (A)(31), (32), (33), and (34) of section 5733.98 of	136740
the Revised Code;	136741

(vi) For tax year 2010 and each tax year thereafter, no tax.

136742

(b) A corporation shall subtract from the amount calculated	136743
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section	136744
any qualifying pass-through entity tax credit described in	136745
division (A)(30) and any refundable credits described in divisions	136746
(A)(31) to (35) of section 5733.98 of the Revised Code to which	136747
the corporation is entitled. Any unused qualifying pass-through	136748
entity tax credit is not refundable.	136749

(c) For the purposes of computing the amount of a credit that	136750
may be carried forward to a subsequent tax year under division	136751
(G)(2) of this section, a credit is utilized against the tax for a	136752
tax year to the extent the credit applies against the tax for that	136753
tax year, even if the difference is then multiplied by the	136754
applicable fraction under division (G)(2)(a) of this section.	136755

(d) References in division (G)(2) of this section to section	136756
5733.98 of the Revised Code is to that section before its	136757
amendment by H.B. 59 of the 130th general assembly.	136758

(3) Nothing in division (G) of this section eliminates or	136759
reduces the tax imposed by section 5733.41 of the Revised Code on	136760
a qualifying pass-through entity.	136761

Sec. 5733.06. For tax years prior to tax year 2014, the tax	136762
hereby charged each corporation subject to this chapter shall be	136763
the greater of the sum of divisions (A) and (B) of this section,	136764
after the reduction, if any, provided by division (J) of this	136765
section, or division (C) of this section, after the reduction, if	136766
any, provided by division (J) of this section, except that the tax	136767
hereby charged each financial institution subject to this chapter	136768
shall be the amount computed under division (D) of this section:	136769

(A) Except as set forth in division (F) of this section, five	136770
and one-tenth per cent upon the first fifty thousand dollars of	136771
the value of the taxpayer's issued and outstanding shares of stock	136772
as determined under division (B) of section 5733.05 of the Revised	136773
Code;	136774

(B) Except as set forth in division (F) of this section,	136775
eight and one-half per cent upon the value so determined in excess	136776
of fifty thousand dollars; or	136777

(C)(1) Except as otherwise provided under division (G) of	136778
this section, four mills times that portion of the value of the	136779
issued and outstanding shares of stock as determined under	136780
division (C) of section 5733.05 of the Revised Code. For the	136781
purposes of division (C) of this section, division (C)(2) of	136782
section 5733.065, and division (C) of section 5733.066 of the	136783
Revised Code, the value of the issued and outstanding shares of	136784
stock of an eligible corporation for tax year 2003 through tax	136785
year 2007, or of a qualifying holding company, is zero.	136786

(2) As used in division (C) of this section, "eligible	136787
corporation" means a person treated as a corporation for federal	136788
income tax purposes that meets all of the following criteria:	136789

(a) The corporation conducts business for an entire taxable	136790
year as a qualified trade or business as defined by division (C)	136791
of section 122.15 of the Revised Code, as that section existed	136792
before its repeal by H.B. 59 of the 130th general assembly.	136793

(b) The corporation uses more than fifty per cent of the	136794
corporation's assets, based on net book value, that are located in	136795
Ohio solely to conduct activities that constitute a qualified	136796
trade or business as defined by section 122.15 of the Revised	136797
Code, as that section existed before its repeal by H.B. 59 of the	136798
130th general assembly.	136799

(c) The corporation has been formed or organized not more	136800
than three years before the report required to be filed by section	136801
5733.02 of the Revised Code is due, without regard to any	136802
extensions.	136803

(d) The corporation is not a related member, as defined in	136804
section 5733.042 of the Revised Code, at any time during the	136805
taxable year with respect to another person treated as a	136806
corporation for federal income tax purposes. A corporation is not	136807
a related member if during the entire taxable year at least	136808
seventy-five per cent of the corporation's stock is owned directly	136809
or through a pass-through entity by individuals, estates, and	136810
grantor trusts, and the individuals, estates, and grantor trusts	136811
do not directly or indirectly own more than twenty per cent of the	136812
value of another person treated as a corporation for federal	136813
income tax purposes that is conducting a qualified trade or	136814
business.	136815

(D) The tax charged each financial institution subject to	136816
this chapter shall be that portion of the value of the issued and	136817
outstanding shares of stock as determined under division (A) of	136818
section 5733.05 of the Revised Code, multiplied by the following	136819
amounts:	136820

(1) For tax years prior to the 1999 tax year, fifteen mills;

136821

(2) For the 1999 tax year, fourteen mills;

136822

(3) For tax year 2000 and thereafter, thirteen mills.

136823

(E) No tax shall be charged from any corporation that has	136824
been adjudicated bankrupt, or for which a receiver has been	136825
appointed, or that has made a general assignment for the benefit	136826
of creditors, except for the portion of the then current tax year	136827
during which the tax commissioner finds such corporation had the	136828
power to exercise its corporate franchise unimpaired by such	136829
proceedings or act. The minimum payment for each corporation shall	136830
be as follows:	136831

(1) One thousand dollars in the case of a corporation having	136832
gross receipts for the taxable year equal to at least five million	136833
dollars from activities within or outside this state or in the	136834
case of a corporation employing at least three hundred employees	136835
at some time during the taxable year within or outside this state;	136836

(2) Fifty dollars in the case of any other corporation.

136837

The tax charged to corporations under this chapter for the	136838
privilege of engaging in business in this state, which is an	136839
excise tax levied on the value of the issued and outstanding	136840
shares of stock, shall in no manner be construed as prohibiting or	136841
otherwise limiting the powers of municipal corporations, joint	136842
economic development zones created under section 715.691 of the	136843
Revised Code, and joint economic development districts created	136844
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the	136845
Revised Code in this state to impose an income tax on the income	136846
of such corporations.	136847

(F) If two or more taxpayers satisfy the ownership or control	136848
requirements of division (A) of section 5733.052 of the Revised	136849
Code, each such taxpayer shall substitute "the taxpayer's pro-rata	136850
amount" for "fifty thousand dollars" in divisions (A) and (B) of	136851
this section. For purposes of this division, "the taxpayer's	136852
pro-rata amount" is an amount that, when added to the other such	136853
taxpayers' pro-rata amounts, does not exceed fifty thousand	136854
dollars. For the purpose of making that computation, the	136855
taxpayer's pro-rata amount shall not be less than zero. Nothing in	136856
this division derogates from or eliminates the requirement to make	136857
the alternative computation of tax under division (C) of this	136858
section.	136859

(G) The tax liability of any corporation under division (C)	136860
of this section shall not exceed one hundred fifty thousand	136861
dollars.	136862

(H)(1) For the purposes of division (H) of this section,	136863
"exiting corporation" means a corporation that satisfies all of	136864
the following conditions:	136865

(a) The corporation had nexus with or in this state under the	136866
Constitution of the United States during any portion of a calendar	136867
year;	136868

(b) The corporation was not a corporation described in	136869
division (A) of section 5733.01 of the Revised Code on the first	136870
day of January immediately following that calendar year;	136871

(c) The corporation was not a financial institution on the	136872
first day of January immediately following that calendar year;	136873

(d) If the corporation was a transferor as defined in section	136874
5733.053 of the Revised Code, the corporation's transferee was not	136875
required to add to the transferee's net income the income of the	136876
transferor pursuant to division (B) of that section;	136877

(e) During any portion of that calendar year, or any portion	136878
of the immediately preceding calendar year, the corporation had	136879
net income that was not included in a report filed by the	136880
corporation or its transferee pursuant to section 5733.02,	136881
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code;	136882

(f) The corporation would have been subject to the tax	136883
computed under divisions (A), (B), (C), (F), and (G) of this	136884
section if the corporation is assumed to be a corporation	136885
described in division (A) of section 5733.01 of the Revised Code	136886
on the first day of January immediately following the calendar	136887
year to which division (H)(1)(a) of this section refers.	136888

(2) For the purposes of division (H) of this section,	136889
"unreported net income" means net income that was not previously	136890
included in a report filed pursuant to section 5733.02, 5733.021,	136891
5733.03, 5733.031, or 5733.053 of the Revised Code and that was	136892
realized or recognized during the calendar year to which division	136893
(H)(1) of this section refers or the immediately preceding	136894
calendar year.	136895

(3) Each exiting corporation shall pay a tax computed by	136896
first allocating and apportioning the unreported net income	136897
pursuant to division (B) of section 5733.05 and section 5733.051	136898
and, if applicable, section 5733.052 of the Revised Code. The	136899
exiting corporation then shall compute the tax due on its	136900
unreported net income allocated and apportioned to this state by	136901
applying divisions (A), (B), and (F) of this section to that	136902
income.	136903

(4) Divisions (C) and (G) of this section, division (D)(2) of	136904
section 5733.065, and division (C) of section 5733.066 of the	136905
Revised Code do not apply to an exiting corporation, but exiting	136906
corporations are subject to every other provision of this chapter.	136907

(5) Notwithstanding division (B) of section 5733.01 or	136908
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the	136909
contrary, each exiting corporation shall report and pay the tax	136910
due under division (H) of this section on or before the	136911
thirty-first day of May immediately following the calendar year to	136912
which division (H)(1)(a) of this section refers. The exiting	136913
corporation shall file that report on the form most recently	136914
prescribed by the tax commissioner for the purposes of complying	136915
with sections 5733.02 and 5733.03 of the Revised Code. Upon	136916
request by the corporation, the tax commissioner may extend the	136917
date for filing the report.	136918

(6) If, on account of the application of section 5733.053 of	136919
the Revised Code, net income is subject to the tax imposed by	136920
divisions (A) and (B) of this section, such income shall not be	136921
subject to the tax imposed by division (H)(3) of this section.	136922

(7) The amendments made to division (H) of this section by	136923
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to	136924
any transfer, as defined in section 5733.053 of the Revised Code,	136925
for which negotiations began prior to January 1, 2001, and that	136926
was commenced in and completed during calendar year 2001, unless	136927
the taxpayer makes an election prior to December 31, 2001, to	136928
apply those amendments.	136929

(8) The tax commissioner may adopt rules governing division	136930
(H) of this section.	136931

(I) Any reference in the Revised Code to "the tax imposed by	136932
section 5733.06 of the Revised Code" or "the tax due under section	136933
5733.06 of the Revised Code" includes the taxes imposed under	136934
sections 5733.065 and 5733.066 of the Revised Code.	136935

(J)(1) Division (J) of this section applies solely to a	136936
combined company. Section 5733.057 of the Revised Code shall apply	136937
when calculating the adjustments required by division (J) of this	136938
section.	136939

(2) Subject to division (J)(4) of this section, the total tax	136940
calculated in divisions (A) and (B) of this section shall be	136941
reduced by an amount calculated by multiplying such tax by a	136942
fraction, the numerator of which is the total taxable gross	136943
receipts attributed to providing public utility activity other	136944
than as an electric company under section 5727.03 of the Revised	136945
Code for the year upon which the taxable gross receipts are	136946
measured immediately preceding the tax year, and the denominator	136947
of which is the total gross receipts from all sources for the year	136948
upon which the taxable gross receipts are measured immediately	136949
preceding the tax year. Nothing herein shall be construed to	136950
exclude from the denominator any item of income described in	136951
section 5733.051 of the Revised Code.	136952

(3) Subject to division (J)(4) of this section, the total tax	136953
calculated in division (C) of this section shall be reduced by an	136954
amount calculated by multiplying such tax by the fraction	136955
described in division (J)(2) of this section.	136956

(4) In no event shall the reduction provided by division	136957
(J)(2) or (J)(3) of this section exceed the amount of the excise	136958
tax paid in accordance with section 5727.38 of the Revised Code,	136959
for the year upon which the taxable gross receipts are measured	136960
immediately preceding the tax year.	136961

Sec. 5733.11. (A) If any corporation required to file a	136962
report under this chapter fails to file the report within the time	136963
prescribed, files an incorrect report, or fails to remit the full	136964
amount of the tax due for the period covered by the report, the	136965
tax commissioner may make an assessment against the corporation	136966
for any deficiency for the period for which the report or tax is	136967
due, based upon any information in the commissioner's possession.	136968

No assessment shall be made or issued against a corporation	136969
more than three years after the later of the final date the report	136970
subject to assessment was required to be filed or the date the	136971
report was filed. Such time limit may be extended if both the	136972
corporation and the commissioner consent in writing to the	136973
extension or if an agreement waiving or extending the time limit	136974
has been entered into pursuant to section 122.171 of the Revised	136975
Code. Any such extension shall extend the three-year time limit in	136976
division (B) of section 5733.12 of the Revised Code for the same	136977
period of time. There shall be no bar or limit to an assessment	136978
against a corporation that fails to file a report subject to	136979
assessment as required by this chapter, or that files a fraudulent	136980
report.	136981

The commissioner shall give the corporation assessed written	136982
notice of the assessment in the manner provided in section 5703.37	136983
of the Revised Code. With the notice, the commissioner shall	136984
provide instructions on how to petition for reassessment and	136985
request a hearing on the petition.	136986

(B) Unless the corporation assessed files with the tax	136987
commissioner within sixty days after service of the notice of	136988
assessment, either personally or by certified mail, a written	136989
petition for reassessment, signed by the ~~corporations~~	136990
corporation's authorized agent having knowledge of the facts,, the	136991
assessment becomes final, and the amount of the assessment is due	136992
and payable from the corporation assessed to the treasurer of	136993
state. The petition shall indicate the corporation's objections,	136994
but additional objections may be raised in writing if received by	136995
the commissioner prior to the date shown on the final	136996
determination. If the petition has been properly filed, the	136997
commissioner shall proceed under section 5703.60 of the Revised	136998
Code.	136999

(C) After an assessment becomes final, if any portion of the	137000
assessment remains unpaid, including accrued interest, a certified	137001
copy of the tax commissioner's entry making the assessment final	137002
may be filed in the office of the clerk of the court of common	137003
pleas in the county in which the corporation has an office or	137004
place of business in this state, the county in which the	137005
corporation's statutory agent is located, or Franklin county.	137006

Immediately upon the filing of the entry, the clerk shall	137007
enter a judgment against the corporation assessed in the amount	137008
shown on the entry. The judgment may be filed by the clerk in a	137009
loose-leaf book entitled "special judgments for state corporate	137010
franchise and litter taxes," and shall have the same effect as	137011
other judgments. Execution shall issue upon the judgment upon the	137012
request of the tax commissioner, and all laws applicable to sales	137013
on execution shall apply to sales made under the judgment.	137014

~~The portion of an~~If the assessment is not paid within sixty	137015
days after the day the assessment was issued, the portion of the	137016
assessment consisting of tax due shall bear interest at the rate	137017
per annum prescribed by section 5703.47 of the Revised Code from	137018
the day the tax commissioner issues the assessment until the	137019
assessment is paid or until it is certified to the attorney	137020
general for collection under section 131.02 of the Revised Code,	137021
whichever comes first. If the unpaid portion of the assessment is	137022
certified to the attorney general for collection, the entire	137023
unpaid portion of the assessment shall bear interest at the rate	137024
per annum prescribed by section 5703.47 of the Revised Code from	137025
the date of certification until the date it is paid in its	137026
entirety. Interest shall be paid in the same manner as the tax and	137027
may be collected by issuing an assessment under this section.	137028

(D) All money collected under this section shall be	137029
considered as revenue arising from the taxes imposed by this	137030
chapter.	137031

(E) The portion of an assessment that must be paid upon the	137032
filing of a petition for reassessment shall be as follows:	137033

(1) If the sole item objected to is the assessed penalty or	137034
interest, payment of the assessment, including interest but not	137035
penalty, is required;	137036

(2) If the corporation assessed failed to file, prior to the	137037
date of issuance of the assessment, the annual report required by	137038
section 5733.02 of the Revised Code, any amended report required	137039
by division (C) of section 5733.031 of the Revised Code for the	137040
tax year at issue, or any amended report required by division (D)	137041
of section 5733.067 of the Revised Code to indicate a reduction in	137042
the amount of the credit provided under that section, payment of	137043
the assessment, including interest but not penalty, is required;	137044

(3) If the corporation assessed filed, prior to the date of	137045
issuance of the assessment, the annual report required by section	137046
5733.02 of the Revised Code, all amended reports required by	137047
division (C) of section 5733.031 of the Revised Code for the tax	137048
year at issue, and all amended reports required by division (D) of	137049
section 5733.067 of the Revised Code to indicate a reduction in	137050
the amount of the credit provided under that section, and a	137051
balance of the taxes shown due on the reports as computed on the	137052
reports remains unpaid, payment of only that portion of the	137053
assessment representing the unpaid balance of tax and interest is	137054
required;	137055

(4) If the corporation assessed does not dispute that it is a	137056
taxpayer but claims the protections of section 101 of Public Law	137057
86-272, 73 Stat. 555, 15 U.S.C.A. 381, as amended, payment of only	137058
that portion of the assessment representing any balance of taxes	137059
shown due on the corporation's annual report required by section	137060
5733.02 of the Revised Code, as computed on the report, that	137061
remains unpaid, and that represents taxes imposed by division (C)	137062
of section 5733.06, division (C)(2) of section 5733.065, and	137063
division (C) of section 5733.066 of the Revised Code, together	137064
with all related interest, is required;	137065

(5) If none of the conditions specified in divisions (E)(1)	137066
to (4) of this section apply, or if the corporation assessed	137067
disputes that it is a taxpayer, no payment is required.	137068

(F) Notwithstanding the fact that a petition for reassessment	137069
is pending, the corporation may pay all or a portion of the	137070
assessment that is the subject of the petition. The acceptance of	137071
a payment by the treasurer of state does not prejudice any claim	137072
for refund upon final determination of the petition.	137073

If upon final determination of the petition an error in the	137074
assessment is corrected by the tax commissioner, upon petition so	137075
filed or pursuant to a decision of the board of tax appeals or any	137076
court to which the determination or decision has been appealed, so	137077
that the amount due from the corporation under the corrected	137078
assessment is less than the portion paid, there shall be issued to	137079
the corporation, its assigns, or legal representative a refund in	137080
the amount of the overpayment as provided by section 5733.12 of	137081
the Revised Code, with interest on that amount as provided by	137082
section 5733.26 of the Revised Code, subject to section 5733.121	137083
of the Revised Code.	137084

Sec. 5733.55. (A) As used in this section:

137085

(1) "9-1-1 system" has the same meaning as in section ~~5507.01~~	137086
128.01 of the Revised Code.	137087

(2) "Nonrecurring 9-1-1 charges" means nonrecurring charges	137088
approved by the public utilities commission for the telephone	137089
network portion of a 9-1-1 system pursuant to section ~~5507.18~~	137090
128.18 of the Revised Code.	137091

(3) "Eligible nonrecurring 9-1-1 charges" means all	137092
nonrecurring 9-1-1 charges for a 9-1-1 system except both of the	137093
following:	137094

(a) Charges for a system that was not established pursuant to	137095
a plan adopted under section ~~5507.08~~128.08 of the Revised Code or	137096
an agreement under section ~~5507.09~~128.09 of the Revised Code;	137097

(b) Charges for that part of a system established pursuant to	137098
such a plan or agreement that are excluded from the credit by	137099
division (C)(2) of section ~~5507.18~~128.18 of the Revised Code.	137100

(4) "Telephone company" has the same meaning as in section	137101
5727.01 of the Revised Code.	137102

(B) Beginning in tax year 2005, a telephone company shall be	137103
allowed a nonrefundable credit against the tax imposed by section	137104
5733.06 of the Revised Code equal to the amount of its eligible	137105
nonrecurring 9-1-1 charges. The credit shall be claimed for the	137106
company's taxable year that covers the period in which the 9-1-1	137107
service for which the credit is claimed becomes available for use.	137108
The credit shall be claimed in the order required by section	137109
5733.98 of the Revised Code. If the credit exceeds the total taxes	137110
due under section 5733.06 of the Revised Code for the tax year,	137111
the tax commissioner shall credit the excess against taxes due	137112
under that section for succeeding tax years until the full amount	137113
of the credit is granted.	137114

(C) After the last day a return, with any extensions, may be	137115
filed by any telephone company that is eligible to claim a credit	137116
under this section, the commissioner shall determine whether the	137117
sum of the credits allowed for prior tax years commencing with tax	137118
year 2005 plus the sum of the credits claimed for the current tax	137119
year exceeds fifteen million dollars. If it does, the credits	137120
allowed under this section for the current tax year shall be	137121
reduced by a uniform percentage such that the sum of the credits	137122
allowed for the current tax year do not exceed fifteen million	137123
dollars claimed by all telephone companies for all tax years.	137124
Thereafter, no credit shall be granted under this section, except	137125
for the remaining portions of any credits allowed under division	137126
(B) of this section.	137127

(D) A telephone company that is entitled to carry forward a	137128
credit against its public utility excise tax liability under	137129
section 5727.39 of the Revised Code is entitled to carry forward	137130
any amount of that credit remaining after its last public utility	137131
excise tax payment for the period of July 1, 2003, through June	137132
30, 2004, and claim that amount as a credit against its	137133
corporation franchise tax liability under this section. Nothing in	137134
this section authorizes a telephone company to claim a credit	137135
under this section for any eligible nonrecurring 9-1-1 charges for	137136
which it has already claimed a credit under this section or	137137
section 5727.39 of the Revised Code.	137138

Sec. 5733.58. (A) Terms used in this section have the same	137139
meaning as in section 5725.33 of the Revised Code.	137140

(B) There is hereby allowed a nonrefundable credit against	137141
the tax imposed by section 5733.06 of the Revised Code for a	137142
financial institution holding a qualified equity investment on the	137143
credit allowance date occurring in the calendar year immediately	137144
preceding the tax year for which the tax is due. The credit shall	137145
be computed in the same manner prescribed for the computation of	137146
credits allowed under section 5725.33 of the Revised Code.	137147

By claiming a tax credit under this section, a financial	137148
institution waives its rights under section 5733.11 of the Revised	137149
Code with respect to the time limitation for the assessment of	137150
taxes as it relates to credits claimed that later become subject	137151
to recapture under division (D) of this section.	137152

The credit shall be claimed in the order prescribed by	137153
section 5733.98 of the Revised Code. If the amount of the credit	137154
exceeds the amount of tax otherwise due after deducting all other	137155
credits in that order, the excess may be carried forward and	137156
applied to the tax due for not more than four ensuing tax years.	137157

(C) The total amount of qualified equity investments on the	137158
basis of which credits may be claimed under this section and	137159
sections 5725.33 and 5729.16 of the Revised Code is subject to the	137160
limitation of division (C) of section 5725.33 of the Revised Code.	137161

(D) If any amount of ~~the~~a federal tax credit allowed for a	137162
qualified equity investment for which a credit was received under	137163
this section is recaptured under section 45D of the Internal	137164
Revenue Code, or if the director of development services	137165
determines that an investment for which a tax credit is claimed	137166
under this section is not a qualified equity investment or that	137167
the proceeds of an investment for which a tax credit is claimed	137168
under this section are used to make qualified low-income community	137169
investments other than in a qualified active low-income community	137170
business, all or a portion of the credit received on account of	137171
that investment shall be paid by the financial institution that	137172
received the credit to the tax commissioner. The amount to be	137173
recovered shall be determined by the director of development	137174
services pursuant to rules adopted under section 5725.33 of the	137175
Revised Code. The director shall certify any amount due under this	137176
division to the tax commissioner, and the commissioner shall	137177
notify the financial institution of the amount due. The amount due	137178
is payable not later than thirty days after the day the	137179
commissioner issues the notice. The amount due shall be considered	137180
to be tax due under section 5733.06 of the Revised Code, and may	137181
be collected by assessment without regard to the limitations	137182
imposed under section 5733.11 of the Revised Code for the	137183
assessment of taxes by the commissioner. All amounts collected	137184
under this division shall be credited as revenue from the tax	137185
levied under section 5733.06 of the Revised Code.	137186

Sec. 5733.98. (A) To provide a uniform procedure for	137187
calculating the amount of tax imposed by section 5733.06 of the	137188
Revised Code that is due under this chapter, a taxpayer shall	137189
claim any credits to which it is entitled in the following order,	137190
except as otherwise provided in section 5733.058 of the Revised	137191
Code:	137192

(1) For tax year 2005, the credit for taxes paid by a	137193
qualifying pass-through entity allowed under section 5733.0611 of	137194
the Revised Code;	137195

(2) The credit allowed for financial institutions under	137196
section 5733.45 of the Revised Code;	137197

(3) The credit for qualifying affiliated groups under section	137198
5733.068 of the Revised Code;	137199

(4) The subsidiary corporation credit under section 5733.067	137200
of the Revised Code;	137201

(5) The savings and loan assessment credit under section	137202
5733.063 of the Revised Code;	137203

(6) The credit for recycling and litter prevention donations	137204
under section 5733.064 of the Revised Code;	137205

(7) The credit for employers that enter into agreements with	137206
child day-care centers under section 5733.36 of the Revised Code;	137207

(8) The credit for employers that reimburse employee child	137208
care expenses under section 5733.38 of the Revised Code;	137209

(9) The credit for maintaining railroad active grade crossing	137210
warning devices under section 5733.43 of the Revised Code;	137211

(10) The credit for purchases of lights and reflectors under	137212
section 5733.44 of the Revised Code;	137213

(11) The nonrefundable job retention credit under division	137214
(B) of section 5733.0610 of the Revised Code;	137215

(12) The credit for tax years 2008 and 2009 for selling	137216
alternative fuel under section 5733.48 of the Revised Code;	137217

(13) The second credit for purchases of new manufacturing	137218
machinery and equipment under section 5733.33 of the Revised Code;	137219

(14) The job training credit under section 5733.42 of the	137220
Revised Code;	137221

(15) The credit for qualified research expenses under section	137222
5733.351 of the Revised Code;	137223

(16) The enterprise zone credit under section 5709.66 of the	137224
Revised Code;	137225

(17) The credit for the eligible costs associated with a	137226
voluntary action under section 5733.34 of the Revised Code;	137227

(18) The credit for employers that establish on-site child	137228
day-care centers under section 5733.37 of the Revised Code;	137229

(19) The ethanol plant investment credit under section	137230
5733.46 of the Revised Code;	137231

(20) The credit for purchases of qualifying grape production	137232
property under section 5733.32 of the Revised Code;	137233

(21) The export sales credit under section 5733.069 of the	137234
Revised Code;	137235

(22) ~~The credit for research and development and technology~~	137236
~~transfer investors under section 5733.35 of the Revised Code;~~	137237

~~(23)~~ The enterprise zone credits under section 5709.65 of the	137238
Revised Code;	137239

~~(24)~~(23) The credit for using Ohio coal under section 5733.39	137240
of the Revised Code;	137241

~~(25)~~(24) The credit for purchases of qualified low-income	137242
community investments under section 5733.58 of the Revised Code;	137243

~~(26)~~(25) The credit for small telephone companies under	137244
section 5733.57 of the Revised Code;	137245

~~(27)~~(26) The credit for eligible nonrecurring 9-1-1 charges	137246
under section 5733.55 of the Revised Code;	137247

~~(28)~~(27) For tax year 2005, the credit for providing programs	137248
to aid the communicatively impaired under division (A) of section	137249
5733.56 of the Revised Code;	137250

~~(29)~~(28) The research and development credit under section	137251
5733.352 of the Revised Code;	137252

~~(30)~~(29) For tax years 2006 and subsequent tax years, the	137253
credit for taxes paid by a qualifying pass-through entity allowed	137254
under section 5733.0611 of the Revised Code;	137255

~~(31)~~(30) The refundable credit for rehabilitating a historic	137256
building under section 5733.47 of the Revised Code;	137257

~~(32)~~(31) The refundable jobs creation credit or job retention	137258
credit under division (A) of section 5733.0610 of the Revised	137259
Code;	137260

~~(33)~~(32) The refundable credit for tax withheld under	137261
division (B)(2) of section 5747.062 of the Revised Code;	137262

~~(34)~~(33) The refundable credit under section 5733.49 of the	137263
Revised Code for losses on loans made to the Ohio venture capital	137264
program under sections 150.01 to 150.10 of the Revised Code;	137265

~~(35)~~(34) For tax years 2006, 2007, and 2008, the refundable	137266
credit allowable under division (B) of section 5733.56 of the	137267
Revised Code;	137268

~~(36)~~(35) The refundable motion picture production credit	137269
under section 5733.59 of the Revised Code.	137270

(B) For any credit except the refundable credits enumerated	137271
in this section, the amount of the credit for a tax year shall not	137272
exceed the tax due after allowing for any other credit that	137273
precedes it in the order required under this section. Any excess	137274
amount of a particular credit may be carried forward if authorized	137275
under the section creating that credit.	137276

Sec. 5735.012. ~~Amounts~~With respect to liquid motor fuel	137277
other than liquid natural gas, amounts of motor fuel reported	137278
under this chapter shall be measured in gross gallons, except that	137279
amounts reported for terminal to terminal transactions shall be	137280
measured in net gallons and amounts reported for terminal to Ohio	137281
licensed dealer transactions shall be measured in both net gallons	137282
and gross gallons. Amounts of liquid natural gas shall be measured	137283
in gallon equivalents as described in section 5735.013 of the	137284
Revised Code.	137285

Sec. 5735.013. For the purposes of this chapter, if the	137286
national conference on weights and measures has adopted a diesel	137287
gallon equivalent standard for liquid natural gas, that standard	137288
shall be the equivalent of one gallon of motor fuel. If the	137289
national conference on weights and measures has not adopted such a	137290
standard, six and six one-hundredths pounds of liquid natural gas	137291
shall be the equivalent of one gallon of motor fuel.	137292

Sec. 5735.12. (A) Any motor fuel dealer required by this	137293
chapter to file reports and pay the tax levied by this chapter who	137294
fails to file the report within the time prescribed, may be liable	137295
for an additional charge not exceeding the greater of ten per cent	137296
of the motor fuel dealer's tax liability for that month or fifty	137297
dollars. The tax commissioner may remit all or a portion of the	137298
additional charge and may adopt rules relating to the remission of	137299
all or a portion of the charge.	137300

If any person required by this chapter to file reports and	137301
pay the taxes, interest, or additional charge levied by this	137302
chapter fails to file the report, files an incomplete or incorrect	137303
report, or fails to remit the full amount of the tax, interest, or	137304
additional charge due for the period covered by the report, the	137305
commissioner may make an assessment against the person based upon	137306
any information in the commissioner's possession.	137307

No assessment shall be made against any motor fuel dealer for	137308
taxes imposed by this chapter more than four years after the date	137309
on which the report on which the assessment was based was due or	137310
was filed, whichever is later. This section does not bar an	137311
assessment against any motor fuel dealer who fails to file a	137312
report required by section 5735.06 of the Revised Code, or who	137313
files a fraudulent motor fuel tax report.	137314

A penalty of up to fifteen per cent may be added to the	137315
amount of every assessment made under this section. The	137316
commissioner may adopt rules providing for the imposition and	137317
remission of penalties added to assessments made under this	137318
section.	137319

The commissioner shall give the party assessed written notice	137320
of the assessment in the manner provided in section 5703.37 of the	137321
Revised Code. With the notice, the commissioner shall provide	137322
instructions on how to petition for reassessment and request a	137323
hearing on the petition.	137324

(B) Unless the party assessed files with the tax commissioner	137325
within sixty days after service of the notice of assessment,	137326
either personally or by certified mail, a written petition for	137327
reassessment in writing, signed by the party assessed or that	137328
party's authorized agent having knowledge of the facts, the	137329
assessment becomes final and the amount of the assessment is due	137330
and payable from the party assessed to the treasurer of state. The	137331
petition shall indicate the objections of the party assessed, but	137332
additional objections may be raised in writing if received by the	137333
commissioner prior to the date shown on the final determination.	137334
If the petition has been properly filed, the commissioner shall	137335
proceed under section 5703.60 of the Revised Code.	137336

(C) After an assessment becomes final, if any portion of the	137337
assessment remains unpaid, including accrued interest, a certified	137338
copy of the tax commissioner's entry making the assessment final	137339
may be filed in the office of the clerk of the court of common	137340
pleas in the county in which the party assessed resides or in	137341
which the business of the party assessed is conducted. If the	137342
party assessed maintains no place of business in this state and is	137343
not a resident of this state, the certified copy of the entry may	137344
be filed in the office of the clerk of the court of common pleas	137345
of Franklin county.	137346

Immediately upon the filing of the entry, the clerk shall	137347
enter a judgment for the state against the party assessed in the	137348
amount shown on the entry. The judgment may be filed by the clerk	137349
in a loose-leaf book entitled "special judgments for state motor	137350
fuel tax," and shall have the same effect as other judgments.	137351
Execution shall issue upon the judgment upon the request of the	137352
tax commissioner, and all laws applicable to sales on execution	137353
shall apply to sales made under the judgment.	137354

~~The portion of~~If the assessment is not paid in its entirety	137355
within sixty days after the day the assessment was issued, the	137356
portion of the assessment consisting of tax due shall bear	137357
interest at the rate per annum prescribed by section 5703.47 of	137358
the Revised Code from the day the commissioner issues the	137359
assessment until it is paid or until it is certified to the	137360
attorney general for collection under section 131.02 of the	137361
Revised Code, whichever comes first. If the unpaid portion of the	137362
assessment is certified to the attorney general for collection,	137363
the entire unpaid portion of the assessment shall bear interest at	137364
the rate per annum prescribed by section 5703.47 of the Revised	137365
Code from the date of certification until the date it is paid in	137366
its entirety. Interest shall be paid in the same manner as the tax	137367
and may be collected by the issuance of an assessment under this	137368
section.	137369

(D) All money collected by the tax commissioner under this	137370
section shall be paid to the treasurer of state, and when paid	137371
shall be considered as revenue arising from the tax imposed by	137372
this chapter.	137373

(E) If the tax commissioner determines that the commissioner	137374
has erroneously refunded motor fuel tax to any person, the	137375
commissioner may make an assessment against the person for	137376
recovery of the erroneously refunded tax.	137377

Sec. 5735.27. (A) There is hereby created in the state	137378
treasury the gasoline excise tax fund, which shall be distributed	137379
in the following manner:	137380

(1) The amount credited pursuant to divisions (B)(2)(a) and	137381
(C)(2)(a) of section 5735.23 of the Revised Code shall be	137382
distributed among municipal corporations. The amount paid to each	137383
municipal corporation shall be that proportion of the amount to be	137384
so distributed that the number of motor vehicles registered within	137385
the municipal corporation bears to the total number of motor	137386
vehicles registered within all the municipal corporations of this	137387
state during the preceding motor vehicle registration year. When a	137388
new village is incorporated, the registrar of motor vehicles shall	137389
determine from the applications on file in the bureau of motor	137390
vehicles the number of motor vehicles located within the territory	137391
comprising the village during the entire registration year in	137392
which the municipal corporation was incorporated. The registrar	137393
shall forthwith certify the number of motor vehicles so determined	137394
to the tax commissioner for use in distributing motor vehicle fuel	137395
tax funds to the village until the village is qualified to	137396
participate in the distribution of the funds pursuant to this	137397
division. The number of motor vehicle registrations shall be	137398
determined by the official records of the bureau of motor	137399
vehicles. The amount received by each municipal corporation shall	137400
be used to plan, construct, reconstruct, repave, widen, maintain,	137401
repair, clear, and clean public highways, roads, and streets; to	137402
maintain and repair bridges and viaducts; to purchase, erect, and	137403
maintain street and traffic signs and markers; to pay the costs	137404
apportioned to the municipal corporation under section 4907.47 of	137405
the Revised Code; to purchase, erect, and maintain traffic lights	137406
and signals; to pay the principal, interest, and charges on bonds	137407
and other obligations issued pursuant to Chapter 133. of the	137408
Revised Code or incurred pursuant to section 5531.09 of the	137409
Revised Code for the purpose of acquiring or constructing roads,	137410
highways, bridges, or viaducts or acquiring or making other	137411
highway improvements for which the municipal corporation may issue	137412
bonds; and to supplement revenue already available for these	137413
purposes.	137414

(2) The amount credited pursuant to division (B) of section	137415
5735.26 of the Revised Code shall be distributed among the	137416
municipal corporations within the state, in the proportion which	137417
the number of motor vehicles registered within each municipal	137418
corporation bears to the total number of motor vehicles registered	137419
within all the municipal corporations of the state during the	137420
preceding calendar year, as shown by the official records of the	137421
bureau of motor vehicles, and shall be expended by each municipal	137422
corporation to plan, construct, reconstruct, repave, widen,	137423
maintain, repair, clear, and clean public highways, roads, and	137424
streets; to maintain and repair bridges and viaducts; to purchase,	137425
erect, and maintain street and traffic signs and markers; to	137426
purchase, erect, and maintain traffic lights and signals; to pay	137427
costs apportioned to the municipal corporation under section	137428
4907.47 of the Revised Code; to pay the principal, interest, and	137429
charges on bonds and other obligations issued pursuant to Chapter	137430
133. of the Revised Code or incurred pursuant to section 5531.09	137431
of the Revised Code for the purpose of acquiring or constructing	137432
roads, highways, bridges, or viaducts or acquiring or making other	137433
highway improvements for which the municipal corporation may issue	137434
bonds; and to supplement revenue already available for these	137435
purposes.	137436

(3) The amount credited pursuant to divisions (B)(2)(b) and	137437
(C)(2)(c) of section 5735.23 of the Revised Code shall be paid in	137438
equal proportions to the county treasurer of each county within	137439
the state and shall be used only for the purposes of planning,	137440
maintaining, and repairing the county system of public roads and	137441
highways within the county; the planning, construction, and repair	137442
of walks or paths along county roads in congested areas; the	137443
planning, construction, purchase, lease, and maintenance of	137444
suitable buildings for the housing and repair of county road	137445
machinery, housing of supplies, and housing of personnel	137446
associated with the machinery and supplies; the payment of costs	137447
apportioned to the county under section 4907.47 of the Revised	137448
Code; the payment of principal, interest, and charges on bonds and	137449
other obligations issued pursuant to Chapter 133. of the Revised	137450
Code or incurred pursuant to section 5531.09 of the Revised Code	137451
for the purpose of acquiring or constructing roads, highways,	137452
bridges, or viaducts or acquiring or making other highway	137453
improvements for which the board of county commissioners may issue	137454
bonds under that chapter; and the purchase, installation, and	137455
maintenance of traffic signal lights.	137456

(4) The amount credited pursuant to division (C) of section	137457
5735.26 of the Revised Code shall be paid in equal proportions to	137458
the county treasurer of each county for the purposes of planning,	137459
maintaining, constructing, widening, and reconstructing the county	137460
system of public roads and highways; paying principal, interest,	137461
and charges on bonds and other obligations issued pursuant to	137462
Chapter 133. of the Revised Code or incurred pursuant to section	137463
5531.09 of the Revised Code for the purpose of acquiring or	137464
constructing roads, highways, bridges, or viaducts or acquiring or	137465
making other highway improvements for which the board of county	137466
commissioners may issue bonds under that chapter; and paying costs	137467
apportioned to the county under section 4907.47 of the Revised	137468
Code.	137469

(5)(a) The amount credited pursuant to division (D) of	137470
section 5735.26 and division (C)(2)(b) of section 5735.23 of the	137471
Revised Code shall be divided in equal proportions among the	137472
townships within the state.	137473

(b) As used in division (A)(5)(b) of this section, the	137474
"formula amount" for any township is the amount that would be	137475
allocated to that township if fifty per cent of the amount	137476
credited to townships pursuant to section 5735.291 of the Revised	137477
Code were allocated among townships in the state proportionate to	137478
the number of centerline miles within the boundaries of the	137479
respective townships, as determined annually by the department of	137480
transportation, and the other fifty per cent of the amount	137481
credited pursuant to section 5735.291 of the Revised Code were	137482
allocated among townships in the state proportionate to the number	137483
of motor vehicles registered within the respective townships, as	137484
determined annually by the records of the bureau of motor	137485
vehicles. The number of centerline miles within the boundaries of	137486
a township shall not include any centerline miles of township	137487
roads that have been placed on nonmaintained status by a board of	137488
township trustees pursuant to section 5571.20 of the Revised Code.	137489

Beginning on August 15, 2003, the tax levied by section	137490
5735.29 of the Revised Code shall be partially allocated to	137491
provide funding for townships. Each township shall receive the	137492
greater of the following two calculations:	137493

(i) The total statewide amount credited to townships under	137494
division (A) of section 5735.291 of the Revised Code divided by	137495
the number of townships in the state at the time of the	137496
calculation;	137497

(ii) Seventy per cent of the formula amount for that	137498
township.	137499

(c) The total difference between the amount of money credited	137500
to townships under division (A) of section 5735.291 of the Revised	137501
Code and the total amount of money required to make all the	137502
payments specified in division (A)(5)(b) of this section shall be	137503
deducted, in accordance with division (B) of section 5735.291 of	137504
the Revised Code, from the revenues resulting from the tax levied	137505
pursuant to section 5735.29 of the Revised Code prior to crediting	137506
portions of such revenues to counties, municipal corporations, and	137507
the highway operating fund.	137508

(d) All amounts credited pursuant to divisions (A)(5)(a) and	137509
(b) of this section shall be paid to the county treasurer of each	137510
county for the total amount payable to the townships within each	137511
of the counties. The county treasurer shall pay to each township	137512
within the county its proportional share of the funds, which shall	137513
be expended by each township only for the purposes of planning,	137514
constructing, maintaining, widening, and reconstructing the public	137515
roads and highways within the township, paying principal,	137516
interest, and charges on bonds and other obligations issued	137517
pursuant to Chapter 133. or 505. of the Revised Code or incurred	137518
pursuant to section 5531.09 of the Revised Code for the purpose of	137519
acquiring or constructing roads, highways, bridges, or viaducts or	137520
acquiring or making other highway improvements for which the board	137521
of township trustees may issue bonds under those chapters, and	137522
paying costs apportioned to the township under section 4907.47 of	137523
the Revised Code.	137524

No part of the funds designated for road and highway purposes	137525
shall be used for any purpose except to pay in whole or part the	137526
contract price of any such work done by contract, or to pay the	137527
cost of labor in planning, constructing, widening, and	137528
reconstructing such roads and highways, and the cost of materials	137529
forming a part of the improvement; provided that the funds may be	137530
used for the purchase of road machinery and equipment ~~and for~~, the	137531
planning, construction, and maintenance of suitable buildings for	137532
housing road machinery and equipment, and the payment of	137533
principal, interest, and charges on bonds and other obligations	137534
issued pursuant to Chapter 133. or 505. of the Revised Code for	137535
the purpose of purchasing road machinery and equipment or	137536
planning, constructing, and maintaining suitable buildings for	137537
housing road machinery and equipment; and provided that all such	137538
improvement of roads shall be under supervision and direction of	137539
the county engineer as provided in section 5575.07 of the Revised	137540
Code. No obligation against the funds shall be incurred unless	137541
plans and specifications for the improvement, approved by the	137542
county engineer, are on file in the office of the township fiscal	137543
officer, and all contracts for material and for work done by	137544
contract shall be approved by the county engineer before being	137545
signed by the board of township trustees. The board of township	137546
trustees of any township may pass a resolution permitting the	137547
board of county commissioners to expend the township's share of	137548
the funds, or any portion of it, for the improvement of the roads	137549
within the township as may be designated in the resolution.	137550

All investment earnings of the fund shall be credited to the	137551
fund.	137552

(B) Amounts credited to the highway operating fund pursuant	137553
to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 and	137554
division (A) of section 5735.26 of the Revised Code shall be	137555
expended in the following manner:	137556

(1) The amount credited pursuant to divisions (B)(2)(c) and	137557
(C)(2)(d) of section 5735.23 of the Revised Code shall be	137558
apportioned to and expended by the department of transportation	137559
for the purposes of planning, maintaining, repairing, and keeping	137560
in passable condition for travel the roads and highways of the	137561
state required by law to be maintained by the department; paying	137562
the costs apportioned to the state under section 4907.47 of the	137563
Revised Code; paying that portion of the construction cost of a	137564
highway project which a county, township, or municipal corporation	137565
normally would be required to pay, but which the director of	137566
transportation, pursuant to division (B) of section 5531.08 of the	137567
Revised Code, determines instead will be paid from moneys in the	137568
highway operating fund; and paying the costs of the department of	137569
public safety in administering and enforcing the state law	137570
relating to the registration and operation of motor vehicles.	137571

(2) The amount credited pursuant to division (A) of section	137572
5735.26 of the Revised Code shall be used for paying the state's	137573
share of the cost of planning, constructing, widening,	137574
maintaining, and reconstructing the state highways; paying that	137575
portion of the construction cost of a highway project which a	137576
county, township, or municipal corporation normally would be	137577
required to pay, but which the director of transportation,	137578
pursuant to division (B) of section 5531.08 of the Revised Code,	137579
determines instead will be paid from moneys in the highway	137580
operating fund; and also for supplying the state's share of the	137581
cost of eliminating railway grade crossings upon such highways and	137582
costs apportioned to the state under section 4907.47 of the	137583
Revised Code. The director of transportation may expend portions	137584
of such amount upon extensions of state highways within municipal	137585
corporations or upon portions of state highways within municipal	137586
corporations, as is provided by law.	137587

Sec. 5735.34. (A) If any motor fuel dealer sells that motor	137588
fuel dealer's entire business or discontinues operating that	137589
business, the taxes and any interest and penalties imposed under	137590
this chapter that arose prior to the date of sale or	137591
discontinuation become due and payable immediately. ~~The~~Within	137592
fifteen days after the date of the sale or discontinuation of the	137593
business, the motor fuel dealer shall make a final return ~~within~~	137594
~~fifteen days after the date of the sale or discontinuation of the~~	137595
~~business~~and provide written notification to the tax commissioner	137596
of the sale or discontinuation and the name and contact	137597
information of the purchaser, if applicable. The purchaser of the	137598
business shall withhold a sufficient amount of the purchase money	137599
to cover the amount of such taxes, interest, and penalties due and	137600
unpaid until the seller produces a receipt from the tax	137601
commissioner showing that the taxes, interest, and penalties have	137602
been paid, or until the seller produces a certificate indicating	137603
that no taxes, interest, and penalties are due.	137604

(B) If the purchaser of the business fails to withhold the	137605
purchase money required to be withheld under this section, the	137606
purchaser of the business is personally liable for the payment of	137607
the taxes, interest, and penalties accrued and unpaid during the	137608
operation of the business by the seller, but only to the extent of	137609
the consideration offered for the entire business.	137610

(C) For purposes of this section, "entire business" means	137611
substantially all of the seller's assets determined without regard	137612
to any then existing mortgages, liens, security interests or other	137613
encumbrances attaching to those assets. A person is considered to	137614
have sold the entire business only if the person ceases to qualify	137615
as a motor fuel dealer and has relinquished or the tax	137616
commissioner has canceled the person's motor fuel dealer's	137617
license.	137618

Sec. 5736.01. As used in this division:

137619

(A) "Calendar quarter" and "person" have the same meanings as	137620
in section 5751.01 of the Revised Code.	137621

(B) "Distribution system" means a bulk transfer or terminal	137622
system for the distribution of motor fuel consisting of	137623
refineries, pipelines, marine vessels, and terminals. For the	137624
purposes of this section, motor fuel that is in a refinery,	137625
pipeline, terminal, or marine vessel that is transporting motor	137626
fuel to a refinery or terminal is in a "distribution system."	137627
Motor fuel is "outside of a distribution system" if the fuel is in	137628
a fuel storage facility, including, but not limited to, a bulk	137629
plant that is not part of a refinery or terminal, the fuel supply	137630
tank of an engine or motor vehicle, a marine vessel transporting	137631
motor fuel to a fuel storage facility that is not in a	137632
distribution system, or a tank car, rail car, trailer, truck, or	137633
other equipment suitable for ground transportation.	137634

(C) "Dyed diesel fuel," "import," "motor fuel," "public	137635
highways," and "terminal" have the same meanings as in section	137636
5735.01 of the Revised Code.	137637

(D) "First sale of motor fuel within this state" means the	137638
initial sale of motor fuel when sold for delivery to a location in	137639
this state.	137640

(E) "Gross receipts" means the total amount received by a	137641
person, without deduction for the cost of goods sold or other	137642
expenses incurred, from the first sale of motor fuel within this	137643
state. For the purposes of division (E) of this section, "amount	137644
received" includes amounts accrued under the accrual method of	137645
accounting. "Gross receipts" shall not include any of the	137646
following amounts:	137647

(1) Receipts derived from the sale of motor fuel when sold	137648
for export to another state;	137649

(2) An amount equal to the federal and state excise taxes	137650
paid by the supplier on the motor fuel;	137651

(3) Bad debts from receipts on the basis of which the tax	137652
imposed by this chapter was paid in a prior quarterly tax payment	137653
period. For the purpose of this division, "bad debts" has the same	137654
meaning as in section 5751.01 of the Revised Code.	137655

(4) Any amount realized from the sale of an account	137656
receivable to the extent the receipts from the underlying	137657
transaction giving rise to the account receivable were included in	137658
the gross receipts of the taxpayer.	137659

(F) "Motor fuel used to propel vehicles on public highways	137660
and waterways" includes motor fuel used for the operation of	137661
licensed motor vehicles employed in the maintenance, construction,	137662
or repair of public highways. "Motor fuel used to propel vehicles	137663
on public highways and waterways" does not include dyed diesel	137664
fuel.	137665

(G) "Rack" means a mechanism capable of delivering motor fuel	137666
from a refinery, terminal, or marine vessel into a railroad tank	137667
car, transport truck, tank wagon, fuel supply tank, marine vessel,	137668
or other means of transport outside of a distribution system.	137669

(H) "Refinery" means a facility used to produce motor fuel	137670
and from which motor fuel may be removed by pipeline, by vessel,	137671
or at a rack.	137672

(I) "Supplier" means either of the following:

137673

(1) A person that sells, exchanges, transfers, or otherwise	137674
distributes motor fuel from a terminal or refinery rack to a point	137675
outside of a distribution system, if the person distributes such	137676
motor fuel at a location in this state;	137677

(2) A person that imports or causes the importation of motor	137678
fuel for sale, exchange, transfer, or other distribution by the	137679
person to a point outside of a distribution system in this state.	137680

(J) "Tax period" means the calendar quarter on the basis of	137681
which a taxpayer is required to pay the tax imposed under this	137682
chapter.	137683

(K) "Taxpayer" means a person subject to the tax imposed by	137684
this chapter.	137685

(L) "Waterways" means all streams, lakes, ponds, marshes,	137686
water courses, and all other bodies of surface water, natural or	137687
artificial, which are situated wholly or partially within this	137688
state or within its jurisdiction, except private impounded bodies	137689
of water.	137690

Sec. 5736.02. (A) Beginning with the tax period that	137691
commences July 1, 2014, and continuing for every tax period	137692
thereafter, there is hereby levied an excise tax on each supplier	137693
measured by the supplier's gross receipts derived from the first	137694
sale of motor fuel within this state. The tax shall be levied at a	137695
rate of six and five-tenths mills for each dollar of the	137696
supplier's gross receipts.	137697

All revenue from the tax shall be distributed as follows:

137698

(1) All revenue from the tax as measured by gross receipts	137699
derived from the sale of motor fuel used for propelling vehicles	137700
on public highways and waterways shall be used for the purposes of	137701
maintaining the state highway system, funding the enforcement of	137702
traffic laws, and covering the costs of hospitalization of	137703
indigent persons injured in motor vehicle accidents on the public	137704
highways.	137705

(2) All revenue not distributed as required by division	137706
(A)(1) of this section shall be used for the purpose of funding	137707
the needs of this state and its local governments.	137708

(B) The tax imposed by this section is in addition to any	137709
other taxes or fees imposed under the Revised Code.	137710

Sec. 5736.03. (A) No person shall avoid the tax imposed by	137711
this chapter by receiving motor fuel outside of this state and	137712
transferring the motor fuel into this state within one year. Any	137713
such person shall be considered to have received the fuel in this	137714
state and shall include as gross receipts the value of motor fuel	137715
the person transfers into this state within one year after the	137716
person receives the property outside of this state.	137717

(B) The tax commissioner may adopt rules necessary to	137718
administer this section.	137719

Sec. 5736.04. (A) Not later than the tenth day of the second	137720
month after the end of each calendar quarter, every taxpayer shall	137721
file with the tax commissioner a tax return in such form as the	137722
commissioner prescribes. The return shall include, but is not	137723
limited to, the amount of the taxpayer's gross receipts for the	137724
calendar quarter and shall indicate the amount of tax due under	137725
section 5736.02 of the Revised Code for the calendar quarter. The	137726
taxpayer shall indicate on each return the portion of the	137727
taxpayer's gross receipts attributable to motor fuel used for	137728
propelling vehicles on public highways and waterways and the	137729
portion of such receipts attributable to motor fuel used for other	137730
purposes.	137731

(B)(1) The taxpayer shall remit the tax shown to be due on	137732
the return, and, if required by the tax commissioner, file the	137733
return, electronically. The commissioner may require taxpayers to	137734
use the Ohio business gateway as defined in section 718.051 of the	137735
Revised Code to file return returns and remit the tax, or may	137736
provide another means for taxpayers to file and remit the tax	137737
electronically.	137738

(2) A person required by this section to remit taxes or file	137739
returns electronically may apply to the commissioner, on the form	137740
prescribed by the commissioner, to be excused from that	137741
requirement. The commissioner may excuse a person from such	137742
requirement for good cause.	137743

(C) The tax rate with respect to gross receipts for a	137744
calendar quarter is not fixed until the end of the measurement	137745
period for each calendar quarter. The total amount of gross	137746
receipts reported for a given calendar quarter shall be subject to	137747
the tax rate in effect in that quarter.	137748

Sec. 5736.05. (A) Any taxpayer that fails to file a return	137749
or pay the full amount of the tax due within the period prescribed	137750
therefor under this chapter shall pay a penalty in an amount not	137751
exceeding the greater of fifty dollars or ten per cent of the tax	137752
required to be paid for the tax period.	137753

(B)(1) If any additional tax is found to be due, the tax	137754
commissioner may impose an additional penalty of up to fifteen per	137755
cent on the additional tax found to be due.	137756

(2) Any delinquent payments of the tax made after a taxpayer	137757
is notified of an audit or a tax discrepancy by the commissioner	137758
is subject to the penalty imposed by division (B) of this section.	137759
If an assessment is issued under section 5736.09 of the Revised	137760
Code in connection with such delinquent payments, the payments	137761
shall be credited to the assessment.	137762

(C) If a person required to remit taxes or file a return	137763
electronically under section 5736.04 of the Revised Code fails to	137764
do so, the commissioner may impose a penalty not to exceed the	137765
following:	137766

(1) For either of the first two calendar quarters the person	137767
so fails, five per cent of the amount of the payment that was	137768
required to be remitted;	137769

(2) For the third and any subsequent calendar quarters the	137770
person so fails, ten per cent of the amount of the payment that	137771
was required to be remitted.	137772

(D) The tax commissioner may collect any penalty or interest	137773
imposed by this section in the same manner as the tax imposed	137774
under this chapter. Penalties and interest so collected shall be	137775
considered as revenue arising from the tax imposed under this	137776
chapter.	137777

(E) The tax commissioner may abate all or a portion of any	137778
penalties imposed under this section and may adopt rules governing	137779
such abatements.	137780

(F) If any tax due is not timely paid in accordance with this	137781
chapter, the taxpayer shall pay interest, calculated at the rate	137782
per annum prescribed by section 5703.47 of the Revised Code, from	137783
the date the tax payment was due to the date of payment or to the	137784
date an assessment was issued, whichever occurs first.	137785

Sec. 5736.06. (A) No person subject to the tax imposed by	137786
section 5736.02 of the Revised Code shall distribute, import, or	137787
cause the importation of motor fuel for consumption in this state	137788
without holding a supplier's license issued by the tax	137789
commissioner to engage in such activities.	137790

(B)(1) A person subject to the tax imposed by section 5736.02	137791
of the Revised Code shall, on or before March 1, 2014, or within	137792
thirty days of first becoming subject to the tax imposed by this	137793
chapter, whichever is earlier, apply to the tax commissioner for a	137794
supplier's license on the form prescribed by the commissioner.	137795

(2) Each person issued a supplier's license under division	137796
(B)(1) of this section shall apply to renew the license on or	137797
before the first day of March of each year.	137798

(3) With each license application submitted under division	137799
(B)(1) or (2) of this section, the applicant shall pay an	137800
application fee equal to one of the following amounts:	137801

(a) If the applicant solely imports or causes the importation	137802
of motor fuel for sale, exchange, or transfer by the person in	137803
this state, three hundred dollars;	137804

(b) If the applicant engages in activities in addition to	137805
those described in division (B)(3)(a) of this section, one	137806
thousand dollars.	137807

If an applicant timely submits an application under division	137808
(B)(1) of this section on or after the first day of September of	137809
any year, the fee that would apply to the applicant under division	137810
(B)(3)(a) or (b) of this section shall be reduced by one-half.	137811

(4) The failure to apply to the commissioner for a supplier's	137812
license does not relieve a person from the requirement to file	137813
returns and pay the tax imposed by this chapter.	137814

(C) The tax commissioner may refuse to issue a license to any	137815
applicant under this section in the following circumstances:	137816

(1) The applicant has previously had any license canceled for	137817
cause by the commissioner.	137818

(2) The commissioner believes that the application is not	137819
filed in good faith or is filed as a subterfuge in an attempt to	137820
procure a license for another person.	137821

(3) The applicant has violated any provision of this chapter.

137822

(D) If the tax commissioner refuses to issue a license to an	137823
applicant under this section, the applicant is entitled to a	137824
refund of the application fee in accordance with section 5736.08	137825
of the Revised Code. All application fees collected under this	137826
section shall be deposited into the motor fuel receipts tax	137827
administration fund created in section 5736.13 of the Revised	137828
Code.	137829

(E) No person shall make a false or fraudulent statement on	137830
an application required by this section.	137831

Sec. 5736.07. (A) If a taxpayer files a false return, fails	137832
to file a return as required by section 5736.04 of the Revised	137833
Code, or fails to pay the full amount of tax due with a return,	137834
the tax commissioner may revoke the supplier's license issued to	137835
the taxpayer under section 5736.06 of the Revised Code by	137836
notifying the taxpayer in writing of such revocation by certified	137837
mail sent to the last known address of the taxpayer appearing on	137838
the files of the commissioner.	137839

(B) Upon the request of a person that is no longer subject to	137840
the tax imposed by this chapter, the tax commissioner may cancel	137841
the supplier's license issued to the person under section 5736.06	137842
of the Revised Code. The cancellation shall become effective at	137843
the time determined by the commissioner. No license shall be	137844
canceled upon the request of any person unless, prior to the date	137845
of cancellation, the person has paid to the state all taxes	137846
payable by such person under the laws of the state, together with	137847
any interest and penalties.	137848

Sec. 5736.08. (A) An application for refund to the taxpayer	137849
of the amount of taxes imposed under this chapter that are	137850
overpaid, paid illegally or erroneously, or paid on any illegal or	137851
erroneous assessment shall be filed by the taxpayer with the tax	137852
commissioner, on the form prescribed by the commissioner, within	137853
four years after the date of the illegal or erroneous payment of	137854
the tax, or within any additional period allowed under division	137855
(F) of section 5736.09 of the Revised Code. The applicant shall	137856
provide the amount of the requested refund along with the claimed	137857
reasons for, and documentation to support, the issuance of a	137858
refund.	137859

(B) On the filing of the refund application, the commissioner	137860
shall determine the amount of refund to which the applicant is	137861
entitled. If the amount is not less than that claimed, the	137862
commissioner shall certify the amount to the director of budget	137863
and management and treasurer of state for payment from the tax	137864
refund fund created under section 5703.052 of the Revised Code. If	137865
the amount is less than that claimed, the commissioner shall	137866
proceed in accordance with section 5703.70 of the Revised Code.	137867

(C) Interest on a refund applied for under this section,	137868
computed at the rate provided for in section 5703.47 of the	137869
Revised Code, shall be allowed from the later of the date the tax	137870
was paid or when the tax payment was due.	137871

(D) Except as provided in section 5736.081 of the Revised	137872
Code, the commissioner may provide for the crediting against tax	137873
due for a tax period the amount of any refund due the taxpayer	137874
under this chapter for a preceding tax period.	137875

Sec. 5736.081. As used in this section, "debt to this state"	137876
means unpaid taxes due the state, unpaid workers' compensation	137877
premiums due under section 4123.35 of the Revised Code, unpaid	137878
unemployment compensation contributions due under section 4141.25	137879
of the Revised Code, unpaid unemployment compensation payment in	137880
lieu of contribution under section 4141.241 of the Revised Code,	137881
unpaid fees payable to the state or to the clerk of courts	137882
pursuant to section 4505.06 of the Revised Code, incorrect	137883
payments for medicaid services under the medicaid program, or any	137884
unpaid charge, penalty, or interest arising from any of the	137885
foregoing.	137886

If a taxpayer entitled to a refund under section 5736.08 of	137887
the Revised Code owes any debt to this state, the amount	137888
refundable may be applied in satisfaction of the debt. If the	137889
amount refundable is less than the amount of the debt, it may be	137890
applied in partial satisfaction of the debt. If the amount	137891
refundable is greater than the amount of the debt, the amount	137892
remaining after satisfaction of the debt shall be refunded. This	137893
section applies only to debts that have become final. For the	137894
purposes of this section, a debt becomes final when, under the	137895
applicable law, any time provided for petition for reassessment,	137896
request for reconsideration, or other appeal of the legality or	137897
validity of the amount giving rise to the debt expires without an	137898
appeal having been filed in the manner provided by law.	137899

Sec. 5736.09. (A) The tax commissioner may make an	137900
assessment, based on any information in the commissioner's	137901
possession, against any person that fails to file a return or pay	137902
any tax as required by this chapter. The commissioner shall give	137903
the person assessed written notice of the assessment as provided	137904
in section 5703.37 of the Revised Code. With the notice, the	137905
commissioner shall provide instructions on the manner in which to	137906
petition for reassessment and request a hearing with respect to	137907
the petition.	137908

(B) Unless the person assessed, within sixty days after	137909
service of the notice of assessment, files with the commissioner,	137910
either personally or by certified mail, a written petition signed	137911
by the person or the person's authorized agent having knowledge of	137912
the facts, the assessment becomes final, and the amount of the	137913
assessment is due and payable from the person assessed to the	137914
treasurer of state. The petition shall indicate the objections of	137915
the person assessed, but additional objections may be raised in	137916
writing if received by the commissioner prior to the date shown on	137917
the final determination.	137918

If a petition for reassessment has been properly filed, the	137919
commissioner shall proceed under section 5703.60 of the Revised	137920
Code.	137921

(C)(1) After an assessment becomes final, if any portion of	137922
the assessment, including accrued interest, remains unpaid, a	137923
certified copy of the commissioner's entry making the assessment	137924
final may be filed in the office of the clerk of the court of	137925
common pleas in the county in which the person resides or has its	137926
principal place of business in this state, or in the office of the	137927
clerk of court of common pleas of Franklin county.	137928

(2) Immediately upon the filing of the entry, the clerk shall	137929
enter judgment for the state against the person assessed in the	137930
amount shown on the entry. The judgment may be filed by the clerk	137931
in a loose-leaf book entitled, "special judgments for the motor	137932
fuel receipts tax" and shall have the same effect as other	137933
judgments. Execution shall issue upon the judgment at the request	137934
of the commissioner, and all laws applicable to sales on execution	137935
shall apply to sales made under the judgment.	137936

(3) If the assessment is not paid in its entirety within	137937
sixty days after the day the assessment was issued, the portion of	137938
the assessment consisting of tax due shall bear interest at the	137939
rate per annum prescribed by section 5703.47 of the Revised Code	137940
from the day the commissioner issues the assessment until it is	137941
paid or until it is certified to the attorney general for	137942
collection under section 131.02 of the Revised Code, whichever	137943
comes first. If the unpaid portion of the assessment is certified	137944
to the attorney general for collection, the entire unpaid portion	137945
of the assessment shall bear interest at the rate per annum	137946
prescribed by section 5703.47 of the Revised Code from the date of	137947
certification until the date it is paid in its entirety. Interest	137948
shall be paid in the same manner as the tax and may be collected	137949
by the issuance of an assessment under this section.	137950

(D) If the commissioner believes that collection of the tax	137951
will be jeopardized unless proceedings to collect or secure	137952
collection of the tax are instituted without delay, the	137953
commissioner may issue a jeopardy assessment against the person	137954
liable for the tax. Immediately upon the issuance of the jeopardy	137955
assessment, the commissioner shall file an entry with the clerk of	137956
the court of common pleas in the manner prescribed by division (C)	137957
of this section. Notice of the jeopardy assessment shall be served	137958
on the person assessed or the person's authorized agent in the	137959
manner provided in section 5703.37 of the Revised Code within five	137960
days of the filing of the entry with the clerk. The total amount	137961
assessed is immediately due and payable, unless the person	137962
assessed files a petition for reassessment in accordance with	137963
division (B) of this section and provides security in a form	137964
satisfactory to the commissioner and in an amount sufficient to	137965
satisfy the unpaid balance of the assessment. Full or partial	137966
payment of the assessment does not prejudice the commissioner's	137967
consideration of the petition for reassessment.	137968

(E) The commissioner shall immediately forward to the	137969
treasurer of state all amounts the commissioner receives under	137970
this section, and such amounts shall be considered as revenue	137971
arising from the tax imposed under this chapter.	137972

(F) Except as otherwise provided in this division, no	137973
assessment shall be made or issued against a taxpayer for the tax	137974
imposed under this chapter more than four years after the due date	137975
for the filing of the return for the tax period for which the tax	137976
was reported, or more than four years after the return for the tax	137977
period was filed, whichever is later. The time limit may be	137978
extended if both the taxpayer and the commissioner consent in	137979
writing to the extension or enter into an agreement waiving or	137980
extending the time limit. Any such extension shall extend the	137981
four-year time limit in division (A) of section 5736.08 of the	137982
Revised Code for the same period of time. Nothing in this division	137983
bars an assessment against a taxpayer that fails to file a return	137984
required by this chapter or that files a fraudulent return.	137985

(G) If the commissioner possesses information that indicates	137986
that the amount of tax a taxpayer is required to pay under this	137987
chapter exceeds the amount the taxpayer paid, the commissioner may	137988
audit a sample of the taxpayer's gross receipts over a	137989
representative period of time to ascertain the amount of tax due,	137990
and may issue an assessment based on the audit. The commissioner	137991
shall make a good faith effort to reach agreement with the	137992
taxpayer in selecting a representative sample. The commissioner	137993
may apply a sampling method only if the commissioner has	137994
prescribed the method by rule.	137995

(H) If the whereabouts of a person subject to this chapter is	137996
not known to the commissioner, the commissioner shall follow the	137997
procedures under section 5703.37 of the Revised Code.	137998

Sec. 5736.10. If any person liable for the tax imposed under	137999
this chapter sells the trade or business, disposes in any manner	138000
other than in the regular course of business at least seventy-five	138001
per cent of assets of the trade or business, or quits the trade or	138002
business, any tax owed by such person shall become due and payable	138003
immediately, and the person shall pay the tax under this section,	138004
including any applicable penalties and interest, within forty-five	138005
days after the date of selling or quitting the trade or business.	138006
The person's successor shall withhold a sufficient amount of the	138007
purchase money to cover the amount due and unpaid until the former	138008
owner produces a receipt from the tax commissioner showing that	138009
the amounts are paid or a certificate indicating that no taxes are	138010
due. If a purchaser fails to withhold purchase money, that person	138011
is personally liable up to the purchase money amount, for such	138012
amounts that are unpaid during the operation of the business by	138013
the former owner.	138014

The commissioner may adopt rules regarding the issuance of	138015
certificates under this section, including the waiver of the need	138016
for a certificate if certain criteria are met.	138017

Sec. 5736.11. If any person subject to this chapter fails to	138018
report or pay the tax as required under this chapter, or fails to	138019
pay any penalty imposed under this chapter within ninety days	138020
after the time prescribed for payment of the penalty, the attorney	138021
general, on the request of the tax commissioner, shall commence an	138022
action in quo warranto in the court of appeals of the county in	138023
which the person has its principal place of business to forfeit	138024
and annul its privileges or franchise within this state. If the	138025
court finds that the person is in default for the amount claimed,	138026
it shall render judgment revoking the person's privileges or	138027
franchise within this state and shall otherwise proceed as	138028
provided in Chapter 2733. of the Revised Code.	138029

Sec. 5736.12. The tax commissioner may prescribe	138030
requirements for the keeping of records and other pertinent	138031
documents, the filing of copies of federal income tax returns and	138032
determinations, and computations reconciling federal income tax	138033
returns with the returns and reports required by section 5736.04	138034
of the Revised Code. The commissioner may require any person, by	138035
rule or notice served on that person, to keep those records that	138036
the commissioner considers necessary to show whether, and the	138037
extent to which, a person is subject to this chapter. Those	138038
records and other documents shall be open during business hours to	138039
the inspection of the commissioner, and shall be preserved for a	138040
period of four years unless the commissioner, in writing, consents	138041
to their destruction within that period, or by order requires that	138042
they be kept longer. If such records are normally kept by the	138043
person electronically, the person shall provide such records to	138044
the commissioner electronically at the commissioner's request.	138045

Sec. 5736.13. (A) For the purpose of receiving, accounting	138046
for, and distributing revenue received from the tax imposed by	138047
section 5736.02 of the Revised Code, the following funds are	138048
hereby created in the state treasury:	138049

(1) The motor fuel receipts tax fund;

138050

(2) The motor fuel receipts tax administration fund. All	138051
amounts credited to the motor fuel receipts tax administration	138052
fund shall be used solely for the purpose of paying the expenses	138053
of the department of taxation incident to the administration of	138054
the tax imposed by section 5736.02 of the Revised Code.	138055

(3) The motor fuel receipts tax public highways fund.

138056

(B) All money collected from the tax imposed by section	138057
5736.02 of the Revised Code shall be deposited into the motor fuel	138058
receipts tax fund.	138059

(C) From the motor fuel receipts tax fund, the director of	138060
budget and management shall place to the credit of the tax refund	138061
fund established by section 5703.052 of the Revised Code amounts	138062
equal to the refunds certified by the tax commissioner pursuant to	138063
section 5736.08 of the Revised Code.	138064

(D) Not later than the last day of March, June, September,	138065
and December of each year, the director of budget and management	138066
shall provide for the transfer of the balance of the motor fuel	138067
receipts tax fund as of the last day of the preceding month,	138068
excluding any amounts required to be transferred as provided in	138069
division (C) of this section, as follows:	138070

(1) To the motor fuel receipts tax administration fund, one	138071
per cent;	138072

(2) To the motor fuel receipts tax public highways fund, an	138073
amount that bears the same ratio to the balance in the motor fuel	138074
receipts tax fund, after subtracting the amount transferred under	138075
division (D)(1) of this section, that (a) the gross receipts	138076
attributed to motor fuel used for propelling vehicles on public	138077
highways and waterways as indicated by returns filed by the last	138078
day of the preceding month, bears to (b) all gross receipts as	138079
indicated by those returns;	138080

(3) To the general revenue fund, the amount remaining after	138081
the transfers required by divisions (D)(1) and (2) of this	138082
section.	138083

Sec. 5736.14. (A)(1) If any person, regardless of	138084
organizational form, required to file reports and to remit taxes	138085
imposed under this chapter fails for any reason to file such	138086
reports or pay such taxes, any employees of the person having	138087
control or supervision of, or charged with the responsibility of,	138088
filing reports and making payments, or any officers or trustees of	138089
the person responsible for the execution of the person's fiscal	138090
responsibilities, are personally liable for the failure.	138091

(2) The dissolution, termination, or bankruptcy of a person	138092
shall not discharge a responsible officer's, shareholder's,	138093
member's, manager's, employee's, or trustee's liability for	138094
failure of the person to file reports or remit taxes. The sum due	138095
for the liability may be collected by assessment in the manner	138096
provided in section 5736.09 of the Revised Code.	138097

(B) If more than one individual is personally liable under	138098
this section for the unpaid tax of a person, then the liability of	138099
all such individuals shall be joint and several.	138100

Sec. 5736.99. (A) Any person that files a fraudulent refund	138101
claim under section 5736.08 of the Revised Code shall be fined the	138102
greater of not more than one thousand dollars or the amount of the	138103
fraudulent refund requested or imprisoned not more than sixty	138104
days, or both.	138105

(B) Except as provided in this section, whoever violates any	138106
section of this chapter, or any rule adopted by the tax	138107
commissioner under this chapter, shall be fined not more than five	138108
hundred dollars or imprisoned not more than thirty days, or both.	138109

(C) Any person that is subject to the tax imposed by this	138110
chapter and that is found to be engaged in distributing,	138111
importing, or causing the importation of motor fuel for	138112
consumption in this state without a license as required by section	138113
5736.06 of the Revised Code shall be fined not more than one	138114
thousand dollars or imprisoned not more than one hundred eighty	138115
days, or both.	138116

(D) The penalties provided in this section are in addition to	138117
any penalties imposed by the tax commissioner under section	138118
5736.05 of the Revised Code.	138119

Sec. 5739.01. As used in this chapter:

138120

(A) "Person" includes individuals, receivers, assignees,	138121
trustees in bankruptcy, estates, firms, partnerships,	138122
associations, joint-stock companies, joint ventures, clubs,	138123
societies, corporations, the state and its political subdivisions,	138124
and combinations of individuals of any form.	138125

(B) "Sale" and "selling" include all of the following	138126
transactions for a consideration in any manner, whether absolutely	138127
or conditionally, whether for a price or rental, in money or by	138128
exchange, and by any means whatsoever:	138129

(1) All transactions by which title or possession, or both,	138130
of tangible personal property, is or is to be transferred, or a	138131
license to use or consume tangible personal property is or is to	138132
be granted;	138133

(2) All transactions by which lodging by a hotel is or is to	138134
be furnished to transient guests;	138135

(3) All transactions by which:

138136

(a) An item of tangible personal property is or is to be	138137
repaired, except property, the purchase of which would not be	138138
subject to the tax imposed by section 5739.02 of the Revised Code;	138139

(b) An item of tangible personal property is or is to be	138140
installed, except property, the purchase of which would not be	138141
subject to the tax imposed by section 5739.02 of the Revised Code	138142
or property that is or is to be incorporated into and will become	138143
a part of a production, transmission, transportation, or	138144
distribution system for the delivery of a public utility service;	138145

(c) The service of washing, cleaning, waxing, polishing, or	138146
painting a motor vehicle is or is to be furnished;	138147

(d) Until August 1, 2003, industrial laundry cleaning	138148
services are or are to be provided and, on and after August 1,	138149
2003, laundry and dry cleaning services are or are to be provided;	138150

(e) Automatic data processing, computer services, or	138151
electronic information services are or are to be provided for use	138152
in business when the true object of the transaction is the receipt	138153
by the consumer of automatic data processing, computer services,	138154
or electronic information services rather than the receipt of	138155
personal or professional services to which automatic data	138156
processing, computer services, or electronic information services	138157
are incidental or supplemental. Notwithstanding any other	138158
provision of this chapter, such transactions that occur between	138159
members of an affiliated group are not sales. An "affiliated	138160
group" means two or more persons related in such a way that one	138161
person owns or controls the business operation of another member	138162
of the group. In the case of corporations with stock, one	138163
corporation owns or controls another if it owns more than fifty	138164
per cent of the other corporation's common stock with voting	138165
rights.	138166

(f) Telecommunications service, including prepaid calling	138167
service, prepaid wireless calling service, or ancillary service,	138168
is or is to be provided, but not including coin-operated telephone	138169
service;	138170

(g) Landscaping and lawn care service is or is to be	138171
provided;	138172

(h) Private investigation and security service is or is to be	138173
provided;	138174

(i) Information services or tangible personal property is	138175
provided or ordered by means of a nine hundred telephone call;	138176

(j) Building maintenance and janitorial service is or is to	138177
be provided;	138178

(k) Employment service is or is to be provided;

138179

(l) Employment placement service is or is to be provided;

138180

(m) Exterminating service is or is to be provided;

138181

(n) Physical fitness facility service is or is to be	138182
provided;	138183

(o) Recreation and sports club service is or is to be	138184
provided;	138185

(p) On and after August 1, 2003, satellite broadcasting	138186
service is or is to be provided;	138187

(q) On and after August 1, 2003, personal care service is or	138188
is to be provided to an individual. As used in this division,	138189
"personal care service" includes skin care, the application of	138190
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	138191
piercing, tanning, massage, and other similar services. "Personal	138192
care service" does not include a service provided by or on the	138193
order of a licensed physician or licensed chiropractor, or the	138194
cutting, coloring, or styling of an individual's hair.	138195

(r) On and after August 1, 2003, the transportation of	138196
persons by motor vehicle or aircraft is or is to be provided, when	138197
the transportation is entirely within this state, except for	138198
transportation provided by an ambulance service, by a transit bus,	138199
as defined in section 5735.01 of the Revised Code, and	138200
transportation provided by a citizen of the United States holding	138201
a certificate of public convenience and necessity issued under 49	138202
U.S.C. 41102;	138203

(s) On and after August 1, 2003, motor vehicle towing service	138204
is or is to be provided. As used in this division, "motor vehicle	138205
towing service" means the towing or conveyance of a wrecked,	138206
disabled, or illegally parked motor vehicle.	138207

(t) On and after August 1, 2003, snow removal service is or	138208
is to be provided. As used in this division, "snow removal	138209
service" means the removal of snow by any mechanized means, but	138210
does not include the providing of such service by a person that	138211
has less than five thousand dollars in sales of such service	138212
during the calendar year.	138213

(u) Electronic publishing service is or is to be provided to	138214
a consumer for use in business, except that such transactions	138215
occurring between members of an affiliated group, as defined in	138216
division (B)(3)(e) of this section, are not sales.	138217

(4) All transactions by which printed, imprinted,	138218
overprinted, lithographic, multilithic, blueprinted, photostatic,	138219
or other productions or reproductions of written or graphic matter	138220
are or are to be furnished or transferred;	138221

(5) The production or fabrication of tangible personal	138222
property for a consideration for consumers who furnish either	138223
directly or indirectly the materials used in the production of	138224
fabrication work; and include the furnishing, preparing, or	138225
serving for a consideration of any tangible personal property	138226
consumed on the premises of the person furnishing, preparing, or	138227
serving such tangible personal property. Except as provided in	138228
section 5739.03 of the Revised Code, a construction contract	138229
pursuant to which tangible personal property is or is to be	138230
incorporated into a structure or improvement on and becoming a	138231
part of real property is not a sale of such tangible personal	138232
property. The construction contractor is the consumer of such	138233
tangible personal property, provided that the sale and	138234
installation of carpeting, the sale and installation of	138235
agricultural land tile, the sale and erection or installation of	138236
portable grain bins, or the provision of landscaping and lawn care	138237
service and the transfer of property as part of such service is	138238
never a construction contract.	138239

As used in division (B)(5) of this section:

138240

(a) "Agricultural land tile" means fired clay or concrete	138241
tile, or flexible or rigid perforated plastic pipe or tubing,	138242
incorporated or to be incorporated into a subsurface drainage	138243
system appurtenant to land used or to be used primarily in	138244
production by farming, agriculture, horticulture, or floriculture.	138245
The term does not include such materials when they are or are to	138246
be incorporated into a drainage system appurtenant to a building	138247
or structure even if the building or structure is used or to be	138248
used in such production.	138249

(b) "Portable grain bin" means a structure that is used or to	138250
be used by a person engaged in farming or agriculture to shelter	138251
the person's grain and that is designed to be disassembled without	138252
significant damage to its component parts.	138253

(6) All transactions in which all of the shares of stock of a	138254
closely held corporation are transferred, or an ownership interest	138255
in a pass-through entity, as defined in section 5733.04 of the	138256
Revised Code, is transferred, if the corporation or pass-through	138257
entity is not engaging in business and its entire assets consist	138258
of boats, planes, motor vehicles, or other tangible personal	138259
property operated primarily for the use and enjoyment of the	138260
shareholders or owners;	138261

(7) All transactions in which a warranty, maintenance or	138262
service contract, or similar agreement by which the vendor of the	138263
warranty, contract, or agreement agrees to repair or maintain the	138264
tangible personal property of the consumer is or is to be	138265
provided;	138266

(8) The transfer of copyrighted motion picture films used	138267
solely for advertising purposes, except that the transfer of such	138268
films for exhibition purposes is not a sale;	138269

(9) On and after August 1, 2003, all transactions by which	138270
tangible personal property is or is to be stored, except such	138271
property that the consumer of the storage holds for sale in the	138272
regular course of business;	138273

(10) All transactions in which "guaranteed auto protection"	138274
is provided whereby a person promises to pay to the consumer the	138275
difference between the amount the consumer receives from motor	138276
vehicle insurance and the amount the consumer owes to a person	138277
holding title to or a lien on the consumer's motor vehicle in the	138278
event the consumer's motor vehicle suffers a total loss under the	138279
terms of the motor vehicle insurance policy or is stolen and not	138280
recovered, if the protection and its price are included in the	138281
purchase or lease agreement;	138282

(11)(a) Except as provided in division (B)(11)(b) of this	138283
section, on and after October 1, 2009, all transactions by which	138284
health care services are paid for, reimbursed, provided,	138285
delivered, arranged for, or otherwise made available by a medicaid	138286
health insuring corporation pursuant to the corporation's contract	138287
with the state.	138288

(b) If the centers for medicare and medicaid services of the	138289
United States department of health and human services determines	138290
that the taxation of transactions described in division (B)(11)(a)	138291
of this section constitutes an impermissible health care-related	138292
tax under ~~section 1903(w) of~~ the "Social Security Act," ~~49 Stat.~~	138293
~~620 (1935)~~section 1903(w), 42 U.S.C. 1396b(w), ~~as amended,~~ and	138294
regulations adopted thereunder, the medicaid director ~~of job and~~	138295
~~family services~~ shall notify the tax commissioner of that	138296
determination. Beginning with the first day of the month following	138297
that notification, the transactions described in division	138298
(B)(11)(a) of this section are not sales for the purposes of this	138299
chapter or Chapter 5741. of the Revised Code. The tax commissioner	138300
shall order that the collection of taxes under sections 5739.02,	138301
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	138302
5741.023 of the Revised Code shall cease for transactions	138303
occurring on or after that date.	138304

(12) All transactions by which a specified digital product is	138305
provided for permanent use or less than permanent use, regardless	138306
of whether continued payment is required.	138307

Except as provided in this section, "sale" and "selling" do	138308
not include transfers of interest in leased property where the	138309
original lessee and the terms of the original lease agreement	138310
remain unchanged, or professional, insurance, or personal service	138311
transactions that involve the transfer of tangible personal	138312
property as an inconsequential element, for which no separate	138313
charges are made.	138314

(C) "Vendor" means the person providing the service or by	138315
whom the transfer effected or license given by a sale is or is to	138316
be made or given and, for sales described in division (B)(3)(i) of	138317
this section, the telecommunications service vendor that provides	138318
the nine hundred telephone service; if two or more persons are	138319
engaged in business at the same place of business under a single	138320
trade name in which all collections on account of sales by each	138321
are made, such persons shall constitute a single vendor.	138322

Physicians, dentists, hospitals, and veterinarians who are	138323
engaged in selling tangible personal property as received from	138324
others, such as eyeglasses, mouthwashes, dentifrices, or similar	138325
articles, are vendors. Veterinarians who are engaged in	138326
transferring to others for a consideration drugs, the dispensing	138327
of which does not require an order of a licensed veterinarian or	138328
physician under federal law, are vendors.	138329

(D)(1) "Consumer" means the person for whom the service is	138330
provided, to whom the transfer effected or license given by a sale	138331
is or is to be made or given, to whom the service described in	138332
division (B)(3)(f) or (i) of this section is charged, or to whom	138333
the admission is granted.	138334

(2) Physicians, dentists, hospitals, and blood banks operated	138335
by nonprofit institutions and persons licensed to practice	138336
veterinary medicine, surgery, and dentistry are consumers of all	138337
tangible personal property and services purchased by them in	138338
connection with the practice of medicine, dentistry, the rendition	138339
of hospital or blood bank service, or the practice of veterinary	138340
medicine, surgery, and dentistry. In addition to being consumers	138341
of drugs administered by them or by their assistants according to	138342
their direction, veterinarians also are consumers of drugs that	138343
under federal law may be dispensed only by or upon the order of a	138344
licensed veterinarian or physician, when transferred by them to	138345
others for a consideration to provide treatment to animals as	138346
directed by the veterinarian.	138347

(3) A person who performs a facility management, or similar	138348
service contract for a contractee is a consumer of all tangible	138349
personal property and services purchased for use in connection	138350
with the performance of such contract, regardless of whether title	138351
to any such property vests in the contractee. The purchase of such	138352
property and services is not subject to the exception for resale	138353
under division (E)(1) of this section.	138354

(4)(a) In the case of a person who purchases printed matter	138355
for the purpose of distributing it or having it distributed to the	138356
public or to a designated segment of the public, free of charge,	138357
that person is the consumer of that printed matter, and the	138358
purchase of that printed matter for that purpose is a sale.	138359

(b) In the case of a person who produces, rather than	138360
purchases, printed matter for the purpose of distributing it or	138361
having it distributed to the public or to a designated segment of	138362
the public, free of charge, that person is the consumer of all	138363
tangible personal property and services purchased for use or	138364
consumption in the production of that printed matter. That person	138365
is not entitled to claim exemption under division (B)(42)(f) of	138366
section 5739.02 of the Revised Code for any material incorporated	138367
into the printed matter or any equipment, supplies, or services	138368
primarily used to produce the printed matter.	138369

(c) The distribution of printed matter to the public or to a	138370
designated segment of the public, free of charge, is not a sale to	138371
the members of the public to whom the printed matter is	138372
distributed or to any persons who purchase space in the printed	138373
matter for advertising or other purposes.	138374

(5) A person who makes sales of any of the services listed in	138375
division (B)(3) of this section is the consumer of any tangible	138376
personal property used in performing the service. The purchase of	138377
that property is not subject to the resale exception under	138378
division (E)(1) of this section.	138379

(6) A person who engages in highway transportation for hire	138380
is the consumer of all packaging materials purchased by that	138381
person and used in performing the service, except for packaging	138382
materials sold by such person in a transaction separate from the	138383
service.	138384

(7) In the case of a transaction for health care services	138385
under division (B)(11) of this section, a medicaid health insuring	138386
corporation is the consumer of such services. The purchase of such	138387
services by a medicaid health insuring corporation is not subject	138388
to the exception for resale under division (E)(1) of this section	138389
or to the exemptions provided under divisions (B)(12), (18), (19),	138390
and (22) of section 5739.02 of the Revised Code.	138391

(E) "Retail sale" and "sales at retail" include all sales,	138392
except those in which the purpose of the consumer is to resell the	138393
thing transferred or benefit of the service provided, by a person	138394
engaging in business, in the form in which the same is, or is to	138395
be, received by the person.	138396

(F) "Business" includes any activity engaged in by any person	138397
with the object of gain, benefit, or advantage, either direct or	138398
indirect. "Business" does not include the activity of a person in	138399
managing and investing the person's own funds.	138400

(G) "Engaging in business" means commencing, conducting, or	138401
continuing in business, and liquidating a business when the	138402
liquidator thereof holds itself out to the public as conducting	138403
such business. Making a casual sale is not engaging in business.	138404

(H)(1)(a) "Price," except as provided in divisions (H)(2),	138405
(3), and (4) of this section, means the total amount of	138406
consideration, including cash, credit, property, and services, for	138407
which tangible personal property or services are sold, leased, or	138408
rented, valued in money, whether received in money or otherwise,	138409
without any deduction for any of the following:	138410

(i) The vendor's cost of the property sold;

138411

(ii) The cost of materials used, labor or service costs,	138412
interest, losses, all costs of transportation to the vendor, all	138413
taxes imposed on the vendor, including the tax imposed under	138414
Chapter 5751. of the Revised Code, and any other expense of the	138415
vendor;	138416

(iii) Charges by the vendor for any services necessary to	138417
complete the sale;	138418

(iv) On and after August 1, 2003, delivery charges. As used	138419
in this division, "delivery charges" means charges by the vendor	138420
for preparation and delivery to a location designated by the	138421
consumer of tangible personal property or a service, including	138422
transportation, shipping, postage, handling, crating, and packing.	138423

(v) Installation charges;

138424

(vi) Credit for any trade-in.

138425

(b) "Price" includes consideration received by the vendor	138426
from a third party, if the vendor actually receives the	138427
consideration from a party other than the consumer, and the	138428
consideration is directly related to a price reduction or discount	138429
on the sale; the vendor has an obligation to pass the price	138430
reduction or discount through to the consumer; the amount of the	138431
consideration attributable to the sale is fixed and determinable	138432
by the vendor at the time of the sale of the item to the consumer;	138433
and one of the following criteria is met:	138434

(i) The consumer presents a coupon, certificate, or other	138435
document to the vendor to claim a price reduction or discount	138436
where the coupon, certificate, or document is authorized,	138437
distributed, or granted by a third party with the understanding	138438
that the third party will reimburse any vendor to whom the coupon,	138439
certificate, or document is presented;	138440

(ii) The consumer identifies the consumer's self to the	138441
seller as a member of a group or organization entitled to a price	138442
reduction or discount. A preferred customer card that is available	138443
to any patron does not constitute membership in such a group or	138444
organization.	138445

(iii) The price reduction or discount is identified as a	138446
third party price reduction or discount on the invoice received by	138447
the consumer, or on a coupon, certificate, or other document	138448
presented by the consumer.	138449

138450

(i) Discounts, including cash, term, or coupons that are not	138451
reimbursed by a third party that are allowed by a vendor and taken	138452
by a consumer on a sale;	138453

(ii) Interest, financing, and carrying charges from credit	138454
extended on the sale of tangible personal property or services, if	138455
the amount is separately stated on the invoice, bill of sale, or	138456
similar document given to the purchaser;	138457

(iii) Any taxes legally imposed directly on the consumer that	138458
are separately stated on the invoice, bill of sale, or similar	138459
document given to the consumer. For the purpose of this division,	138460
the tax imposed under Chapter 5751. of the Revised Code is not a	138461
tax directly on the consumer, even if the tax or a portion thereof	138462
is separately stated.	138463

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	138464
section, any discount allowed by an automobile manufacturer to its	138465
employee, or to the employee of a supplier, on the purchase of a	138466
new motor vehicle from a new motor vehicle dealer in this state.	138467

(v) The dollar value of a gift card that is not sold by a	138468
vendor or purchased by a consumer and that is redeemed by the	138469
consumer in purchasing tangible personal property or services if	138470
the vendor is not reimbursed and does not receive compensation	138471
from a third party to cover all or part of the gift card value.	138472
For the purposes of this division, a gift card is not sold by a	138473
vendor or purchased by a consumer if it is distributed pursuant to	138474
an awards, loyalty, or promotional program. Past and present	138475
purchases of tangible personal property or services by the	138476
consumer shall not be treated as consideration exchanged for a	138477
gift card.	138478

(2) In the case of a sale of any new motor vehicle by a new	138479
motor vehicle dealer, as defined in section 4517.01 of the Revised	138480
Code, in which another motor vehicle is accepted by the dealer as	138481
part of the consideration received, "price" has the same meaning	138482
as in division (H)(1) of this section, reduced by the credit	138483
afforded the consumer by the dealer for the motor vehicle received	138484
in trade.	138485

(3) In the case of a sale of any watercraft or outboard motor	138486
by a watercraft dealer licensed in accordance with section	138487
1547.543 of the Revised Code, in which another watercraft,	138488
watercraft and trailer, or outboard motor is accepted by the	138489
dealer as part of the consideration received, "price" has the same	138490
meaning as in division (H)(1) of this section, reduced by the	138491
credit afforded the consumer by the dealer for the watercraft,	138492
watercraft and trailer, or outboard motor received in trade. As	138493
used in this division, "watercraft" includes an outdrive unit	138494
attached to the watercraft.	138495

(4) In the case of transactions for health care services	138496
under division (B)(11) of this section, "price" means the amount	138497
of managed care premiums received each month by a medicaid health	138498
insuring corporation.	138499

(I) "Receipts" means the total amount of the prices of the	138500
sales of vendors, provided that the dollar value of gift cards	138501
distributed pursuant to an awards, loyalty, or promotional	138502
program, and cash discounts allowed and taken on sales at the time	138503
they are consummated are not included, minus any amount deducted	138504
as a bad debt pursuant to section 5739.121 of the Revised Code.	138505
"Receipts" does not include the sale price of property returned or	138506
services rejected by consumers when the full sale price and tax	138507
are refunded either in cash or by credit.	138508

(J) "Place of business" means any location at which a person	138509
engages in business.	138510

(K) "Premises" includes any real property or portion thereof	138511
upon which any person engages in selling tangible personal	138512
property at retail or making retail sales and also includes any	138513
real property or portion thereof designated for, or devoted to,	138514
use in conjunction with the business engaged in by such person.	138515

(L) "Casual sale" means a sale of an item of tangible	138516
personal property that was obtained by the person making the sale,	138517
through purchase or otherwise, for the person's own use and was	138518
previously subject to any state's taxing jurisdiction on its sale	138519
or use, and includes such items acquired for the seller's use that	138520
are sold by an auctioneer employed directly by the person for such	138521
purpose, provided the location of such sales is not the	138522
auctioneer's permanent place of business. As used in this	138523
division, "permanent place of business" includes any location	138524
where such auctioneer has conducted more than two auctions during	138525
the year.	138526

(M) "Hotel" means every establishment kept, used, maintained,	138527
advertised, or held out to the public to be a place where sleeping	138528
accommodations are offered to guests, in which five or more rooms	138529
are used for the accommodation of such guests, whether the rooms	138530
are in one or several structures, except as otherwise provided in	138531
division (G) of section 5739.09 of the Revised Code.	138532

(N) "Transient guests" means persons occupying a room or	138533
rooms for sleeping accommodations for less than thirty consecutive	138534
days.	138535

(O) "Making retail sales" means the effecting of transactions	138536
wherein one party is obligated to pay the price and the other	138537
party is obligated to provide a service or to transfer title to or	138538
possession of the item sold. "Making retail sales" does not	138539
include the preliminary acts of promoting or soliciting the retail	138540
sales, other than the distribution of printed matter which	138541
displays or describes and prices the item offered for sale, nor	138542
does it include delivery of a predetermined quantity of tangible	138543
personal property or transportation of property or personnel to or	138544
from a place where a service is performed.	138545

(P) "Used directly in the rendition of a public utility	138546
service" means that property that is to be incorporated into and	138547
will become a part of the consumer's production, transmission,	138548
transportation, or distribution system and that retains its	138549
classification as tangible personal property after such	138550
incorporation; fuel or power used in the production, transmission,	138551
transportation, or distribution system; and tangible personal	138552
property used in the repair and maintenance of the production,	138553
transmission, transportation, or distribution system, including	138554
only such motor vehicles as are specially designed and equipped	138555
for such use. Tangible personal property and services used	138556
primarily in providing highway transportation for hire are not	138557
used directly in the rendition of a public utility service. In	138558
this definition, "public utility" includes a citizen of the United	138559
States holding, and required to hold, a certificate of public	138560
convenience and necessity issued under 49 U.S.C. 41102.	138561

(Q) "Refining" means removing or separating a desirable	138562
product from raw or contaminated materials by distillation or	138563
physical, mechanical, or chemical processes.	138564

(R) "Assembly" and "assembling" mean attaching or fitting	138565
together parts to form a product, but do not include packaging a	138566
product.	138567

(S) "Manufacturing operation" means a process in which	138568
materials are changed, converted, or transformed into a different	138569
state or form from which they previously existed and includes	138570
refining materials, assembling parts, and preparing raw materials	138571
and parts by mixing, measuring, blending, or otherwise committing	138572
such materials or parts to the manufacturing process.	138573
"Manufacturing operation" does not include packaging.	138574

(T) "Fiscal officer" means, with respect to a regional	138575
transit authority, the secretary-treasurer thereof, and with	138576
respect to a county that is a transit authority, the fiscal	138577
officer of the county transit board if one is appointed pursuant	138578
to section 306.03 of the Revised Code or the county auditor if the	138579
board of county commissioners operates the county transit system.	138580

(U) "Transit authority" means a regional transit authority	138581
created pursuant to section 306.31 of the Revised Code or a county	138582
in which a county transit system is created pursuant to section	138583
306.01 of the Revised Code. For the purposes of this chapter, a	138584
transit authority must extend to at least the entire area of a	138585
single county. A transit authority that includes territory in more	138586
than one county must include all the area of the most populous	138587
county that is a part of such transit authority. County population	138588
shall be measured by the most recent census taken by the United	138589
States census bureau.	138590

(V) "Legislative authority" means, with respect to a regional	138591
transit authority, the board of trustees thereof, and with respect	138592
to a county that is a transit authority, the board of county	138593
commissioners.	138594

(W) "Territory of the transit authority" means all of the	138595
area included within the territorial boundaries of a transit	138596
authority as they from time to time exist. Such territorial	138597
boundaries must at all times include all the area of a single	138598
county or all the area of the most populous county that is a part	138599
of such transit authority. County population shall be measured by	138600
the most recent census taken by the United States census bureau.	138601

(X) "Providing a service" means providing or furnishing	138602
anything described in division (B)(3) of this section for	138603
consideration.	138604

(Y)(1)(a) "Automatic data processing" means processing of	138605
others' data, including keypunching or similar data entry services	138606
together with verification thereof, or providing access to	138607
computer equipment for the purpose of processing data.	138608

(b) "Computer services" means providing services consisting	138609
of specifying computer hardware configurations and evaluating	138610
technical processing characteristics, computer programming, and	138611
training of computer programmers and operators, provided in	138612
conjunction with and to support the sale, lease, or operation of	138613
taxable computer equipment or systems.	138614

(c) "Electronic information services" means providing access	138615
to computer equipment by means of telecommunications equipment for	138616
the purpose of either of the following:	138617

(i) Examining or acquiring data stored in or accessible to	138618
the computer equipment;	138619

(ii) Placing data into the computer equipment to be retrieved	138620
by designated recipients with access to the computer equipment.	138621

For transactions occurring on or after the effective date of	138622
the amendment of this section by H.B. 157 of the 127th general	138623
assembly, December 21, 2007, "electronic information services"	138624
does not include electronic publishing as defined in division	138625
(LLL) of this section.	138626

(d) "Automatic data processing, computer services, or	138627
electronic information services" shall not include personal or	138628
professional services.	138629

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	138630
section, "personal and professional services" means all services	138631
other than automatic data processing, computer services, or	138632
electronic information services, including but not limited to:	138633

(a) Accounting and legal services such as advice on tax	138634
matters, asset management, budgetary matters, quality control,	138635
information security, and auditing and any other situation where	138636
the service provider receives data or information and studies,	138637
alters, analyzes, interprets, or adjusts such material;	138638

(b) Analyzing business policies and procedures;

138639

138640

(d) Feasibility studies, including economic and technical	138641
analysis of existing or potential computer hardware or software	138642
needs and alternatives;	138643

(e) Designing policies, procedures, and custom software for	138644
collecting business information, and determining how data should	138645
be summarized, sequenced, formatted, processed, controlled, and	138646
reported so that it will be meaningful to management;	138647

(f) Developing policies and procedures that document how	138648
business events and transactions are to be authorized, executed,	138649
and controlled;	138650

(g) Testing of business procedures;

138651

(h) Training personnel in business procedure applications;

138652

(i) Providing credit information to users of such information	138653
by a consumer reporting agency, as defined in the "Fair Credit	138654
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	138655
as hereafter amended, including but not limited to gathering,	138656
organizing, analyzing, recording, and furnishing such information	138657
by any oral, written, graphic, or electronic medium;	138658

(j) Providing debt collection services by any oral, written,	138659
graphic, or electronic means.	138660

The services listed in divisions (Y)(2)(a) to (j) of this	138661
section are not automatic data processing or computer services.	138662

(Z) "Highway transportation for hire" means the	138663
transportation of personal property belonging to others for	138664
consideration by any of the following:	138665

(1) The holder of a permit or certificate issued by this	138666
state or the United States authorizing the holder to engage in	138667
transportation of personal property belonging to others for	138668
consideration over or on highways, roadways, streets, or any	138669
similar public thoroughfare;	138670

(2) A person who engages in the transportation of personal	138671
property belonging to others for consideration over or on	138672
highways, roadways, streets, or any similar public thoroughfare	138673
but who could not have engaged in such transportation on December	138674
11, 1985, unless the person was the holder of a permit or	138675
certificate of the types described in division (Z)(1) of this	138676
section;	138677

(3) A person who leases a motor vehicle to and operates it	138678
for a person described by division (Z)(1) or (2) of this section.	138679

(AA)(1) "Telecommunications service" means the electronic	138680
transmission, conveyance, or routing of voice, data, audio, video,	138681
or any other information or signals to a point, or between or	138682
among points. "Telecommunications service" includes such	138683
transmission, conveyance, or routing in which computer processing	138684
applications are used to act on the form, code, or protocol of the	138685
content for purposes of transmission, conveyance, or routing	138686
without regard to whether the service is referred to as voice-over	138687
internet protocol service or is classified by the federal	138688
communications commission as enhanced or value-added.	138689
"Telecommunications service" does not include any of the	138690
following:	138691

(a) Data processing and information services that allow data	138692
to be generated, acquired, stored, processed, or retrieved and	138693
delivered by an electronic transmission to a consumer where the	138694
consumer's primary purpose for the underlying transaction is the	138695
processed data or information;	138696

(b) Installation or maintenance of wiring or equipment on a	138697
customer's premises;	138698

138699

(d) Advertising, including directory advertising;

138700

(e) Billing and collection services provided to third	138701
parties;	138702

(f) Internet access service;

138703

(g) Radio and television audio and video programming	138704
services, regardless of the medium, including the furnishing of	138705
transmission, conveyance, and routing of such services by the	138706
programming service provider. Radio and television audio and video	138707
programming services include, but are not limited to, cable	138708
service, as defined in 47 U.S.C. 522(6), and audio and video	138709
programming services delivered by commercial mobile radio service	138710
providers, as defined in 47 C.F.R. 20.3;	138711

(h) Ancillary service;

138712

(i) Digital products delivered electronically, including	138713
software, music, video, reading materials, or ring tones.	138714

(2) "Ancillary service" means a service that is associated	138715
with or incidental to the provision of telecommunications service,	138716
including conference bridging service, detailed telecommunications	138717
billing service, directory assistance, vertical service, and voice	138718
mail service. As used in this division:	138719

(a) "Conference bridging service" means an ancillary service	138720
that links two or more participants of an audio or video	138721
conference call, including providing a telephone number.	138722
"Conference bridging service" does not include telecommunications	138723
services used to reach the conference bridge.	138724

(b) "Detailed telecommunications billing service" means an	138725
ancillary service of separately stating information pertaining to	138726
individual calls on a customer's billing statement.	138727

(c) "Directory assistance" means an ancillary service of	138728
providing telephone number or address information.	138729

(d) "Vertical service" means an ancillary service that is	138730
offered in connection with one or more telecommunications	138731
services, which offers advanced calling features that allow	138732
customers to identify callers and manage multiple calls and call	138733
connections, including conference bridging service.	138734

(e) "Voice mail service" means an ancillary service that	138735
enables the customer to store, send, or receive recorded messages.	138736
"Voice mail service" does not include any vertical services that	138737
the customer may be required to have in order to utilize the voice	138738
mail service.	138739

(3) "900 service" means an inbound toll telecommunications	138740
service purchased by a subscriber that allows the subscriber's	138741
customers to call in to the subscriber's prerecorded announcement	138742
or live service, and which is typically marketed under the name	138743
"900" service" and any subsequent numbers designated by the	138744
federal communications commission. "900 service" does not include	138745
the charge for collection services provided by the seller of the	138746
telecommunications service to the subscriber, or services or	138747
products sold by the subscriber to the subscriber's customer.	138748

(4) "Prepaid calling service" means the right to access	138749
exclusively telecommunications services, which must be paid for in	138750
advance and which enables the origination of calls using an access	138751
number or authorization code, whether manually or electronically	138752
dialed, and that is sold in predetermined units or dollars of	138753
which the number declines with use in a known amount.	138754

(5) "Prepaid wireless calling service" means a	138755
telecommunications service that provides the right to utilize	138756
mobile telecommunications service as well as other	138757
non-telecommunications services, including the download of digital	138758
products delivered electronically, and content and ancillary	138759
services, that must be paid for in advance and that is sold in	138760
predetermined units or dollars of which the number declines with	138761
use in a known amount.	138762

(6) "Value-added non-voice data service" means a	138763
telecommunications service in which computer processing	138764
applications are used to act on the form, content, code, or	138765
protocol of the information or data primarily for a purpose other	138766
than transmission, conveyance, or routing.	138767

(7) "Coin-operated telephone service" means a	138768
telecommunications service paid for by inserting money into a	138769
telephone accepting direct deposits of money to operate.	138770

(8) "Customer" has the same meaning as in section 5739.034 of	138771
the Revised Code.	138772

(BB) "Laundry and dry cleaning services" means removing soil	138773
or dirt from towels, linens, articles of clothing, or other fabric	138774
items that belong to others and supplying towels, linens, articles	138775
of clothing, or other fabric items. "Laundry and dry cleaning	138776
services" does not include the provision of self-service	138777
facilities for use by consumers to remove soil or dirt from	138778
towels, linens, articles of clothing, or other fabric items.	138779

(CC) "Magazines distributed as controlled circulation	138780
publications" means magazines containing at least twenty-four	138781
pages, at least twenty-five per cent editorial content, issued at	138782
regular intervals four or more times a year, and circulated	138783
without charge to the recipient, provided that such magazines are	138784
not owned or controlled by individuals or business concerns which	138785
conduct such publications as an auxiliary to, and essentially for	138786
the advancement of the main business or calling of, those who own	138787
or control them.	138788

(DD) "Landscaping and lawn care service" means the services	138789
of planting, seeding, sodding, removing, cutting, trimming,	138790
pruning, mulching, aerating, applying chemicals, watering,	138791
fertilizing, and providing similar services to establish, promote,	138792
or control the growth of trees, shrubs, flowers, grass, ground	138793
cover, and other flora, or otherwise maintaining a lawn or	138794
landscape grown or maintained by the owner for ornamentation or	138795
other nonagricultural purpose. However, "landscaping and lawn care	138796
service" does not include the providing of such services by a	138797
person who has less than five thousand dollars in sales of such	138798
services during the calendar year.	138799

(EE) "Private investigation and security service" means the	138800
performance of any activity for which the provider of such service	138801
is required to be licensed pursuant to Chapter 4749. of the	138802
Revised Code, or would be required to be so licensed in performing	138803
such services in this state, and also includes the services of	138804
conducting polygraph examinations and of monitoring or overseeing	138805
the activities on or in, or the condition of, the consumer's home,	138806
business, or other facility by means of electronic or similar	138807
monitoring devices. "Private investigation and security service"	138808
does not include special duty services provided by off-duty police	138809
officers, deputy sheriffs, and other peace officers regularly	138810
employed by the state or a political subdivision.	138811

(FF) "Information services" means providing conversation,	138812
giving consultation or advice, playing or making a voice or other	138813
recording, making or keeping a record of the number of callers,	138814
and any other service provided to a consumer by means of a nine	138815
hundred telephone call, except when the nine hundred telephone	138816
call is the means by which the consumer makes a contribution to a	138817
recognized charity.	138818

(GG) "Research and development" means designing, creating, or	138819
formulating new or enhanced products, equipment, or manufacturing	138820
processes, and also means conducting scientific or technological	138821
inquiry and experimentation in the physical sciences with the goal	138822
of increasing scientific knowledge which may reveal the bases for	138823
new or enhanced products, equipment, or manufacturing processes.	138824

(HH) "Qualified research and development equipment" means	138825
capitalized tangible personal property, and leased personal	138826
property that would be capitalized if purchased, used by a person	138827
primarily to perform research and development. Tangible personal	138828
property primarily used in testing, as defined in division (A)(4)	138829
of section 5739.011 of the Revised Code, or used for recording or	138830
storing test results, is not qualified research and development	138831
equipment unless such property is primarily used by the consumer	138832
in testing the product, equipment, or manufacturing process being	138833
created, designed, or formulated by the consumer in the research	138834
and development activity or in recording or storing such test	138835
results.	138836

(II) "Building maintenance and janitorial service" means	138837
cleaning the interior or exterior of a building and any tangible	138838
personal property located therein or thereon, including any	138839
services incidental to such cleaning for which no separate charge	138840
is made. However, "building maintenance and janitorial service"	138841
does not include the providing of such service by a person who has	138842
less than five thousand dollars in sales of such service during	138843
the calendar year.	138844

(JJ) "Employment service" means providing or supplying	138845
personnel, on a temporary or long-term basis, to perform work or	138846
labor under the supervision or control of another, when the	138847
personnel so provided or supplied receive their wages, salary, or	138848
other compensation from the provider or supplier of the employment	138849
service or from a third party that provided or supplied the	138850
personnel to the provider or supplier. "Employment service" does	138851
not include:	138852

(1) Acting as a contractor or subcontractor, where the	138853
personnel performing the work are not under the direct control of	138854
the purchaser.	138855

(2) Medical and health care services.

138856

(3) Supplying personnel to a purchaser pursuant to a contract	138857
of at least one year between the service provider and the	138858
purchaser that specifies that each employee covered under the	138859
contract is assigned to the purchaser on a permanent basis.	138860

(4) Transactions between members of an affiliated group, as	138861
defined in division (B)(3)(e) of this section.	138862

(5) Transactions where the personnel so provided or supplied	138863
by a provider or supplier to a purchaser of an employment service	138864
are then provided or supplied by that purchaser to a third party	138865
as an employment service, except "employment service" does include	138866
the transaction between that purchaser and the third party.	138867

(KK) "Employment placement service" means locating or finding	138868
employment for a person or finding or locating an employee to fill	138869
an available position.	138870

(LL) "Exterminating service" means eradicating or attempting	138871
to eradicate vermin infestations from a building or structure, or	138872
the area surrounding a building or structure, and includes	138873
activities to inspect, detect, or prevent vermin infestation of a	138874
building or structure.	138875

(MM) "Physical fitness facility service" means all	138876
transactions by which a membership is granted, maintained, or	138877
renewed, including initiation fees, membership dues, renewal fees,	138878
monthly minimum fees, and other similar fees and dues, by a	138879
physical fitness facility such as an athletic club, health spa, or	138880
gymnasium, which entitles the member to use the facility for	138881
physical exercise.	138882

(NN) "Recreation and sports club service" means all	138883
transactions by which a membership is granted, maintained, or	138884
renewed, including initiation fees, membership dues, renewal fees,	138885
monthly minimum fees, and other similar fees and dues, by a	138886
recreation and sports club, which entitles the member to use the	138887
facilities of the organization. "Recreation and sports club" means	138888
an organization that has ownership of, or controls or leases on a	138889
continuing, long-term basis, the facilities used by its members	138890
and includes an aviation club, gun or shooting club, yacht club,	138891
card club, swimming club, tennis club, golf club, country club,	138892
riding club, amateur sports club, or similar organization.	138893

(OO) "Livestock" means farm animals commonly raised for food,	138894
food production, or other agricultural purposes, including, but	138895
not limited to, cattle, sheep, goats, swine, poultry, and captive	138896
deer. "Livestock" does not include invertebrates, amphibians,	138897
reptiles, domestic pets, animals for use in laboratories or for	138898
exhibition, or other animals not commonly raised for food or food	138899
production.	138900

(PP) "Livestock structure" means a building or structure used	138901
exclusively for the housing, raising, feeding, or sheltering of	138902
livestock, and includes feed storage or handling structures and	138903
structures for livestock waste handling.	138904

(QQ) "Horticulture" means the growing, cultivation, and	138905
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	138906
and nursery stock. As used in this division, "nursery stock" has	138907
the same meaning as in section 927.51 of the Revised Code.	138908

(RR) "Horticulture structure" means a building or structure	138909
used exclusively for the commercial growing, raising, or	138910
overwintering of horticultural products, and includes the area	138911
used for stocking, storing, and packing horticultural products	138912
when done in conjunction with the production of those products.	138913

(SS) "Newspaper" means an unbound publication bearing a title	138914
or name that is regularly published, at least as frequently as	138915
biweekly, and distributed from a fixed place of business to the	138916
public in a specific geographic area, and that contains a	138917
substantial amount of news matter of international, national, or	138918
local events of interest to the general public.	138919

(TT) "Professional racing team" means a person that employs	138920
at least twenty full-time employees for the purpose of conducting	138921
a motor vehicle racing business for profit. The person must	138922
conduct the business with the purpose of racing one or more motor	138923
racing vehicles in at least ten competitive professional racing	138924
events each year that comprise all or part of a motor racing	138925
series sanctioned by one or more motor racing sanctioning	138926
organizations. A "motor racing vehicle" means a vehicle for which	138927
the chassis, engine, and parts are designed exclusively for motor	138928
racing, and does not include a stock or production model vehicle	138929
that may be modified for use in racing. For the purposes of this	138930
division:	138931

(1) A "competitive professional racing event" is a motor	138932
vehicle racing event sanctioned by one or more motor racing	138933
sanctioning organizations, at which aggregate cash prizes in	138934
excess of eight hundred thousand dollars are awarded to the	138935
competitors.	138936

(2) "Full-time employee" means an individual who is employed	138937
for consideration for thirty-five or more hours a week, or who	138938
renders any other standard of service generally accepted by custom	138939
or specified by contract as full-time employment.	138940

(UU)(1) "Lease" or "rental" means any transfer of the	138941
possession or control of tangible personal property for a fixed or	138942
indefinite term, for consideration. "Lease" or "rental" includes	138943
future options to purchase or extend, and agreements described in	138944
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	138945
the amount of consideration may be increased or decreased by	138946
reference to the amount realized upon the sale or disposition of	138947
the property. "Lease" or "rental" does not include:	138948

(a) A transfer of possession or control of tangible personal	138949
property under a security agreement or a deferred payment plan	138950
that requires the transfer of title upon completion of the	138951
required payments;	138952

(b) A transfer of possession or control of tangible personal	138953
property under an agreement that requires the transfer of title	138954
upon completion of required payments and payment of an option	138955
price that does not exceed the greater of one hundred dollars or	138956
one per cent of the total required payments;	138957

(c) Providing tangible personal property along with an	138958
operator for a fixed or indefinite period of time, if the operator	138959
is necessary for the property to perform as designed. For purposes	138960
of this division, the operator must do more than maintain,	138961
inspect, or ~~set-up~~set up the tangible personal property.	138962

(2) "Lease" and "rental," as defined in division (UU) of this	138963
section, shall not apply to leases or rentals that exist before	138964
June 26, 2003.	138965

(3) "Lease" and "rental" have the same meaning as in division	138966
(UU)(1) of this section regardless of whether a transaction is	138967
characterized as a lease or rental under generally accepted	138968
accounting principles, the Internal Revenue Code, Title XIII of	138969
the Revised Code, or other federal, state, or local laws.	138970

(VV) "Mobile telecommunications service" has the same meaning	138971
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	138972
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	138973
on and after August 1, 2003, includes related fees and ancillary	138974
services, including universal service fees, detailed billing	138975
service, directory assistance, service initiation, voice mail	138976
service, and vertical services, such as caller ID and three-way	138977
calling.	138978

(WW) "Certified service provider" has the same meaning as in	138979
section 5740.01 of the Revised Code.	138980

(XX) "Satellite broadcasting service" means the distribution	138981
or broadcasting of programming or services by satellite directly	138982
to the subscriber's receiving equipment without the use of ground	138983
receiving or distribution equipment, except the subscriber's	138984
receiving equipment or equipment used in the uplink process to the	138985
satellite, and includes all service and rental charges, premium	138986
channels or other special services, installation and repair	138987
service charges, and any other charges having any connection with	138988
the provision of the satellite broadcasting service.	138989

(YY) "Tangible personal property" means personal property	138990
that can be seen, weighed, measured, felt, or touched, or that is	138991
in any other manner perceptible to the senses. For purposes of	138992
this chapter and Chapter 5741. of the Revised Code, "tangible	138993
personal property" includes motor vehicles, electricity, water,	138994
gas, steam, and prewritten computer software.	138995

(ZZ) "Direct mail" means printed material delivered or	138996
distributed by United States mail or other delivery service to a	138997
mass audience or to addressees on a mailing list provided by the	138998
consumer or at the direction of the consumer when the cost of the	138999
items are not billed directly to the recipients. "Direct mail"	139000
includes tangible personal property supplied directly or	139001
indirectly by the consumer to the direct mail vendor for inclusion	139002
in the package containing the printed material. "Direct mail" does	139003
not include multiple items of printed material delivered to a	139004
single address.	139005

(AAA) "Computer" means an electronic device that accepts	139006
information in digital or similar form and manipulates it for a	139007
result based on a sequence of instructions.	139008

(BBB) "Computer software" means a set of coded instructions	139009
designed to cause a computer or automatic data processing	139010
equipment to perform a task.	139011

(CCC) "Delivered electronically" means delivery of computer	139012
software from the seller to the purchaser by means other than	139013
tangible storage media.	139014

(DDD) "Prewritten computer software" means computer software,	139015
including prewritten upgrades, that is not designed and developed	139016
by the author or other creator to the specifications of a specific	139017
purchaser. The combining of two or more prewritten computer	139018
software programs or prewritten portions thereof does not cause	139019
the combination to be other than prewritten computer software.	139020
"Prewritten computer software" includes software designed and	139021
developed by the author or other creator to the specifications of	139022
a specific purchaser when it is sold to a person other than the	139023
purchaser. If a person modifies or enhances computer software of	139024
which the person is not the author or creator, the person shall be	139025
deemed to be the author or creator only of such person's	139026
modifications or enhancements. Prewritten computer software or a	139027
prewritten portion thereof that is modified or enhanced to any	139028
degree, where such modification or enhancement is designed and	139029
developed to the specifications of a specific purchaser, remains	139030
prewritten computer software; provided, however, that where there	139031
is a reasonable, separately stated charge or an invoice or other	139032
statement of the price given to the purchaser for the modification	139033
or enhancement, the modification or enhancement shall not	139034
constitute prewritten computer software.	139035

(EEE)(1) "Food" means substances, whether in liquid,	139036
concentrated, solid, frozen, dried, or dehydrated form, that are	139037
sold for ingestion or chewing by humans and are consumed for their	139038
taste or nutritional value. "Food" does not include alcoholic	139039
beverages, dietary supplements, soft drinks, or tobacco.	139040

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

139041

(a) "Alcoholic beverages" means beverages that are suitable	139042
for human consumption and contain one-half of one per cent or more	139043
of alcohol by volume.	139044

(b) "Dietary supplements" means any product, other than	139045
tobacco, that is intended to supplement the diet and that is	139046
intended for ingestion in tablet, capsule, powder, softgel,	139047
gelcap, or liquid form, or, if not intended for ingestion in such	139048
a form, is not represented as conventional food for use as a sole	139049
item of a meal or of the diet; that is required to be labeled as a	139050
dietary supplement, identifiable by the "supplement facts" box	139051
found on the label, as required by 21 C.F.R. 101.36; and that	139052
contains one or more of the following dietary ingredients:	139053

(i) A vitamin;

139054

(ii) A mineral;

139055

(iii) An herb or other botanical;

139056

(iv) An amino acid;

139057

(v) A dietary substance for use by humans to supplement the	139058
diet by increasing the total dietary intake;	139059

(vi) A concentrate, metabolite, constituent, extract, or	139060
combination of any ingredient described in divisions	139061
(EEE)(2)(b)(i) to (v) of this section.	139062

(c) "Soft drinks" means nonalcoholic beverages that contain	139063
natural or artificial sweeteners. "Soft drinks" does not include	139064
beverages that contain milk or milk products, soy, rice, or	139065
similar milk substitutes, or that contains greater than fifty per	139066
cent vegetable or fruit juice by volume.	139067

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	139068
tobacco, or any other item that contains tobacco.	139069

(FFF) "Drug" means a compound, substance, or preparation, and	139070
any component of a compound, substance, or preparation, other than	139071
food, dietary supplements, or alcoholic beverages that is	139072
recognized in the official United States pharmacopoeia, official	139073
homeopathic pharmacopoeia of the United States, or official	139074
national formulary, and supplements to them; is intended for use	139075
in the diagnosis, cure, mitigation, treatment, or prevention of	139076
disease; or is intended to affect the structure or any function of	139077
the body.	139078

(GGG) "Prescription" means an order, formula, or recipe	139079
issued in any form of oral, written, electronic, or other means of	139080
transmission by a duly licensed practitioner authorized by the	139081
laws of this state to issue a prescription.	139082

(HHH) "Durable medical equipment" means equipment, including	139083
repair and replacement parts for such equipment, that can	139084
withstand repeated use, is primarily and customarily used to serve	139085
a medical purpose, generally is not useful to a person in the	139086
absence of illness or injury, and is not worn in or on the body.	139087
"Durable medical equipment" does not include mobility enhancing	139088
equipment.	139089

(III) "Mobility enhancing equipment" means equipment,	139090
including repair and replacement parts for such equipment, that is	139091
primarily and customarily used to provide or increase the ability	139092
to move from one place to another and is appropriate for use	139093
either in a home or a motor vehicle, that is not generally used by	139094
persons with normal mobility, and that does not include any motor	139095
vehicle or equipment on a motor vehicle normally provided by a	139096
motor vehicle manufacturer. "Mobility enhancing equipment" does	139097
not include durable medical equipment.	139098

(JJJ) "Prosthetic device" means a replacement, corrective, or	139099
supportive device, including repair and replacement parts for the	139100
device, worn on or in the human body to artificially replace a	139101
missing portion of the body, prevent or correct physical deformity	139102
or malfunction, or support a weak or deformed portion of the body.	139103
As used in this division, "prosthetic device" does not include	139104
corrective eyeglasses, contact lenses, or dental prosthesis.	139105

(KKK)(1) "Fractional aircraft ownership program" means a	139106
program in which persons within an affiliated group sell and	139107
manage fractional ownership program aircraft, provided that at	139108
least one hundred airworthy aircraft are operated in the program	139109
and the program meets all of the following criteria:	139110

(a) Management services are provided by at least one program	139111
manager within an affiliated group on behalf of the fractional	139112
owners.	139113

(b) Each program aircraft is owned or possessed by at least	139114
one fractional owner.	139115

(c) Each fractional owner owns or possesses at least a	139116
one-sixteenth interest in at least one fixed-wing program	139117
aircraft.	139118

(d) A dry-lease aircraft interchange arrangement is in effect	139119
among all of the fractional owners.	139120

(e) Multi-year program agreements are in effect regarding the	139121
fractional ownership, management services, and dry-lease aircraft	139122
interchange arrangement aspects of the program.	139123

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

139124

(a) "Affiliated group" has the same meaning as in division	139125
(B)(3)(e) of this section.	139126

(b) "Fractional owner" means a person that owns or possesses	139127
at least a one-sixteenth interest in a program aircraft and has	139128
entered into the agreements described in division (KKK)(1)(e) of	139129
this section.	139130

(c) "Fractional ownership program aircraft" or "program	139131
aircraft" means a turbojet aircraft that is owned or possessed by	139132
a fractional owner and that has been included in a dry-lease	139133
aircraft interchange arrangement and agreement under divisions	139134
(KKK)(1)(d) and (e) of this section, or an aircraft a program	139135
manager owns or possesses primarily for use in a fractional	139136
aircraft ownership program.	139137

(d) "Management services" means administrative and aviation	139138
support services furnished under a fractional aircraft ownership	139139
program in accordance with a management services agreement under	139140
division (KKK)(1)(e) of this section, and offered by the program	139141
manager to the fractional owners, including, at a minimum, the	139142
establishment and implementation of safety guidelines; the	139143
coordination of the scheduling of the program aircraft and crews;	139144
program aircraft maintenance; program aircraft insurance; crew	139145
training for crews employed, furnished, or contracted by the	139146
program manager or the fractional owner; the satisfaction of	139147
record-keeping requirements; and the development and use of an	139148
operations manual and a maintenance manual for the fractional	139149
aircraft ownership program.	139150

(e) "Program manager" means the person that offers management	139151
services to fractional owners pursuant to a management services	139152
agreement under division (KKK)(1)(e) of this section.	139153

(LLL) "Electronic publishing" means providing access to one	139154
or more of the following primarily for business customers,	139155
including the federal government or a state government or a	139156
political subdivision thereof, to conduct research: news;	139157
business, financial, legal, consumer, or credit materials;	139158
editorials, columns, reader commentary, or features; photos or	139159
images; archival or research material; legal notices, identity	139160
verification, or public records; scientific, educational,	139161
instructional, technical, professional, trade, or other literary	139162
materials; or other similar information which has been gathered	139163
and made available by the provider to the consumer in an	139164
electronic format. Providing electronic publishing includes the	139165
functions necessary for the acquisition, formatting, editing,	139166
storage, and dissemination of data or information that is the	139167
subject of a sale.	139168

(MMM) "Medicaid health insuring corporation" means a health	139169
insuring corporation that holds a certificate of authority under	139170
Chapter 1751. of the Revised Code and is under contract with the	139171
department of job and family services pursuant to section 5111.17	139172
of the Revised Code.	139173

(NNN) "Managed care premium" means any premium, capitation,	139174
or other payment a medicaid health insuring corporation receives	139175
for providing or arranging for the provision of health care	139176
services to its members or enrollees residing in this state.	139177

(OOO) "Captive deer" means deer and other cervidae that have	139178
been legally acquired, or their offspring, that are privately	139179
owned for agricultural or farming purposes.	139180

(PPP) "Gift card" means a document, card, certificate, or	139181
other record, whether tangible or intangible, that may be redeemed	139182
by a consumer for a dollar value when making a purchase of	139183
tangible personal property or services.	139184

(QQQ) "Specified digital product" means an electronically	139185
transferred digital audiovisual work, digital audio work, or	139186
digital book.	139187

As used in division (QQQ) of this section:

139188

(1) "Digital audiovisual work" means a series of related	139189
images that, when shown in succession, impart an impression of	139190
motion, together with accompanying sounds, if any.	139191

(2) "Digital audio work" means a work that results from the	139192
fixation of a series of musical, spoken, or other sounds,	139193
including digitized sound files that are downloaded onto a device	139194
and that may be used to alert the customer with respect to a	139195
communication.	139196

(3) "Digital book" means a work that is generally recognized	139197
in the ordinary and usual sense as a book.	139198

(4) "Electronically transferred" means obtained by the	139199
purchaser by means other than tangible storage media.	139200

Sec. 5739.02. For the purpose of providing revenue with	139201
which to meet the needs of the state, for the use of the general	139202
revenue fund of the state, for the purpose of securing a thorough	139203
and efficient system of common schools throughout the state, for	139204
the purpose of affording revenues, in addition to those from	139205
general property taxes, permitted under constitutional	139206
limitations, and from other sources, for the support of local	139207
governmental functions, and for the purpose of reimbursing the	139208
state for the expense of administering this chapter, an excise tax	139209
is hereby levied on each retail sale made in this state.	139210

(A)(1) The tax shall be collected as provided in section	139211
5739.025 of the Revised Code. The rate of the tax shall be five	139212
and ~~one-half~~three-fourths per cent. The tax applies and is	139213
collectible when the sale is made, regardless of the time when the	139214
price is paid or delivered.	139215

(2) In the case of the lease or rental, with a fixed term of	139216
more than thirty days or an indefinite term with a minimum period	139217
of more than thirty days, of any motor vehicles designed by the	139218
manufacturer to carry a load of not more than one ton, watercraft,	139219
outboard motor, or aircraft, or of any tangible personal property,	139220
other than motor vehicles designed by the manufacturer to carry a	139221
load of more than one ton, to be used by the lessee or renter	139222
primarily for business purposes, the tax shall be collected by the	139223
vendor at the time the lease or rental is consummated and shall be	139224
calculated by the vendor on the basis of the total amount to be	139225
paid by the lessee or renter under the lease agreement. If the	139226
total amount of the consideration for the lease or rental includes	139227
amounts that are not calculated at the time the lease or rental is	139228
executed, the tax shall be calculated and collected by the vendor	139229
at the time such amounts are billed to the lessee or renter. In	139230
the case of an open-end lease or rental, the tax shall be	139231
calculated by the vendor on the basis of the total amount to be	139232
paid during the initial fixed term of the lease or rental, and for	139233
each subsequent renewal period as it comes due. As used in this	139234
division, "motor vehicle" has the same meaning as in section	139235
4501.01 of the Revised Code, and "watercraft" includes an outdrive	139236
unit attached to the watercraft.	139237

A lease with a renewal clause and a termination penalty or	139238
similar provision that applies if the renewal clause is not	139239
exercised is presumed to be a sham transaction. In such a case,	139240
the tax shall be calculated and paid on the basis of the entire	139241
length of the lease period, including any renewal periods, until	139242
the termination penalty or similar provision no longer applies.	139243
The taxpayer shall bear the burden, by a preponderance of the	139244
evidence, that the transaction or series of transactions is not a	139245
sham transaction.	139246

(3) Except as provided in division (A)(2) of this section, in	139247
the case of a sale, the price of which consists in whole or in	139248
part of the lease or rental of tangible personal property, the tax	139249
shall be measured by the installments of that lease or rental.	139250

(4) In the case of a sale of a physical fitness facility	139251
service or recreation and sports club service, the price of which	139252
consists in whole or in part of a membership for the receipt of	139253
the benefit of the service, the tax applicable to the sale shall	139254
be measured by the installments thereof.	139255

(B) The tax does not apply to the following:

139256

(1) Sales to the state or any of its political subdivisions,	139257
or to any other state or its political subdivisions if the laws of	139258
that state exempt from taxation sales made to this state and its	139259
political subdivisions;	139260

(2) Sales of food for human consumption off the premises	139261
where sold;	139262

(3) Sales of food sold to students only in a cafeteria,	139263
dormitory, fraternity, or sorority maintained in a private,	139264
public, or parochial school, college, or university;	139265

(4) Sales of newspapers ~~and of magazine subscriptions~~ and	139266
sales or transfers of magazines distributed as controlled	139267
circulation publications;	139268

(5) The furnishing, preparing, or serving of meals without	139269
charge by an employer to an employee provided the employer records	139270
the meals as part compensation for services performed or work	139271
done;	139272

(6) Sales of motor fuel upon receipt, use, distribution, or	139273
sale of which in this state a tax is imposed by the law of this	139274
state, but this exemption shall not apply to the sale of motor	139275
fuel on which a refund of the tax is allowable under division (A)	139276
of section 5735.14 of the Revised Code; and the tax commissioner	139277
may deduct the amount of tax levied by this section applicable to	139278
the price of motor fuel when granting a refund of motor fuel tax	139279
pursuant to division (A) of section 5735.14 of the Revised Code	139280
and shall cause the amount deducted to be paid into the general	139281
revenue fund of this state;	139282

(7) Sales of natural gas by a natural gas company, of water	139283
by a water-works company, or of steam by a heating company, if in	139284
each case the thing sold is delivered to consumers through pipes	139285
or conduits, and all sales of communications services by a	139286
telegraph company, all terms as defined in section 5727.01 of the	139287
Revised Code, and sales of electricity delivered through wires;	139288

(8) Casual sales by a person, or auctioneer employed directly	139289
by the person to conduct such sales, except as to such sales of	139290
motor vehicles, watercraft or outboard motors required to be	139291
titled under section 1548.06 of the Revised Code, watercraft	139292
documented with the United States coast guard, snowmobiles, and	139293
all-purpose vehicles as defined in section 4519.01 of the Revised	139294
Code;	139295

(9)(a) Sales of services or tangible personal property, other	139296
than motor vehicles, mobile homes, and manufactured homes, by	139297
churches, organizations exempt from taxation under section	139298
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	139299
organizations operated exclusively for charitable purposes as	139300
defined in division (B)(12) of this section, provided that the	139301
number of days on which such tangible personal property or	139302
services, other than items never subject to the tax, are sold does	139303
not exceed six in any calendar year, except as otherwise provided	139304
in division (B)(9)(b) of this section. If the number of days on	139305
which such sales are made exceeds six in any calendar year, the	139306
church or organization shall be considered to be engaged in	139307
business and all subsequent sales by it shall be subject to the	139308
tax. In counting the number of days, all sales by groups within a	139309
church or within an organization shall be considered to be sales	139310
of that church or organization.	139311

(b) The limitation on the number of days on which tax-exempt	139312
sales may be made by a church or organization under division	139313
(B)(9)(a) of this section does not apply to sales made by student	139314
clubs and other groups of students of a primary or secondary	139315
school, or a parent-teacher association, booster group, or similar	139316
organization that raises money to support or fund curricular or	139317
extracurricular activities of a primary or secondary school.	139318

(c) Divisions (B)(9)(a) and (b) of this section do not apply	139319
to sales by a noncommercial educational radio or television	139320
broadcasting station.	139321

(10) Sales not within the taxing power of this state under	139322
the Constitution or laws of the United States or the Constitution	139323
of this state;	139324

(11) Except for transactions that are sales under division	139325
(B)(3)(r) of section 5739.01 of the Revised Code, the	139326
transportation of persons or property, unless the transportation	139327
is by a private investigation and security service;	139328

(12) Sales of tangible personal property or services to	139329
churches, to organizations exempt from taxation under section	139330
501(c)(3) of the Internal Revenue Code of 1986, and to any other	139331
nonprofit organizations operated exclusively for charitable	139332
purposes in this state, no part of the net income of which inures	139333
to the benefit of any private shareholder or individual, and no	139334
substantial part of the activities of which consists of carrying	139335
on propaganda or otherwise attempting to influence legislation;	139336
sales to offices administering one or more homes for the aged or	139337
one or more hospital facilities exempt under section 140.08 of the	139338
Revised Code; and sales to organizations described in division (D)	139339
of section 5709.12 of the Revised Code.	139340

"Charitable purposes" means the relief of poverty; the	139341
improvement of health through the alleviation of illness, disease,	139342
or injury; the operation of an organization exclusively for the	139343
provision of professional, laundry, printing, and purchasing	139344
services to hospitals or charitable institutions; the operation of	139345
a home for the aged, as defined in section 5701.13 of the Revised	139346
Code; the operation of a radio or television broadcasting station	139347
that is licensed by the federal communications commission as a	139348
noncommercial educational radio or television station; the	139349
operation of a nonprofit animal adoption service or a county	139350
humane society; the promotion of education by an institution of	139351
learning that maintains a faculty of qualified instructors,	139352
teaches regular continuous courses of study, and confers a	139353
recognized diploma upon completion of a specific curriculum; the	139354
operation of a parent-teacher association, booster group, or	139355
similar organization primarily engaged in the promotion and	139356
support of the curricular or extracurricular activities of a	139357
primary or secondary school; the operation of a community or area	139358
center in which presentations in music, dramatics, the arts, and	139359
related fields are made in order to foster public interest and	139360
education therein; the production of performances in music,	139361
dramatics, and the arts; or the promotion of education by an	139362
organization engaged in carrying on research in, or the	139363
dissemination of, scientific and technological knowledge and	139364
information primarily for the public.	139365

Nothing in this division shall be deemed to exempt sales to	139366
any organization for use in the operation or carrying on of a	139367
trade or business, or sales to a home for the aged for use in the	139368
operation of independent living facilities as defined in division	139369
(A) of section 5709.12 of the Revised Code.	139370

(13) Building and construction materials and services sold to	139371
construction contractors for incorporation into a structure or	139372
improvement to real property under a construction contract with	139373
this state or a political subdivision of this state, or with the	139374
United States government or any of its agencies; building and	139375
construction materials and services sold to construction	139376
contractors for incorporation into a structure or improvement to	139377
real property that are accepted for ownership by this state or any	139378
of its political subdivisions, or by the United States government	139379
or any of its agencies at the time of completion of the structures	139380
or improvements; building and construction materials sold to	139381
construction contractors for incorporation into a horticulture	139382
structure or livestock structure for a person engaged in the	139383
business of horticulture or producing livestock; building	139384
materials and services sold to a construction contractor for	139385
incorporation into a house of public worship or religious	139386
education, or a building used exclusively for charitable purposes	139387
under a construction contract with an organization whose purpose	139388
is as described in division (B)(12) of this section; building	139389
materials and services sold to a construction contractor for	139390
incorporation into a building under a construction contract with	139391
an organization exempt from taxation under section 501(c)(3) of	139392
the Internal Revenue Code of 1986 when the building is to be used	139393
exclusively for the organization's exempt purposes; building and	139394
construction materials sold for incorporation into the original	139395
construction of a sports facility under section 307.696 of the	139396
Revised Code; building and construction materials and services	139397
sold to a construction contractor for incorporation into real	139398
property outside this state if such materials and services, when	139399
sold to a construction contractor in the state in which the real	139400
property is located for incorporation into real property in that	139401
state, would be exempt from a tax on sales levied by that state;	139402
and, until one calendar year after the construction of a	139403
convention center that qualifies for property tax exemption under	139404
section 5709.084 of the Revised Code is completed, building and	139405
construction materials and services sold to a construction	139406
contractor for incorporation into the real property comprising	139407
that convention center;	139408

(14) Sales of ships or vessels or rail rolling stock used or	139409
to be used principally in interstate or foreign commerce, and	139410
repairs, alterations, fuel, and lubricants for such ships or	139411
vessels or rail rolling stock;	139412

(15) Sales to persons primarily engaged in any of the	139413
activities mentioned in division (B)(42)(a), (g), or (h) of this	139414
section, to persons engaged in making retail sales, or to persons	139415
who purchase for sale from a manufacturer tangible personal	139416
property that was produced by the manufacturer in accordance with	139417
specific designs provided by the purchaser, of packages, including	139418
material, labels, and parts for packages, and of machinery,	139419
equipment, and material for use primarily in packaging tangible	139420
personal property produced for sale, including any machinery,	139421
equipment, and supplies used to make labels or packages, to	139422
prepare packages or products for labeling, or to label packages or	139423
products, by or on the order of the person doing the packaging, or	139424
sold at retail. "Packages" includes bags, baskets, cartons,	139425
crates, boxes, cans, bottles, bindings, wrappings, and other	139426
similar devices and containers, but does not include motor	139427
vehicles or bulk tanks, trailers, or similar devices attached to	139428
motor vehicles. "Packaging" means placing in a package. Division	139429
(B)(15) of this section does not apply to persons engaged in	139430
highway transportation for hire.	139431

(16) Sales of food to persons using supplemental nutrition	139432
assistance program benefits to purchase the food. As used in this	139433
division, "food" has the same meaning as in 7 U.S.C. 2012 and	139434
federal regulations adopted pursuant to the Food and Nutrition Act	139435
of 2008.	139436

(17) Sales to persons engaged in farming, agriculture,	139437
horticulture, or floriculture, of tangible personal property for	139438
use or consumption primarily in the production by farming,	139439
agriculture, horticulture, or floriculture of other tangible	139440
personal property for use or consumption primarily in the	139441
production of tangible personal property for sale by farming,	139442
agriculture, horticulture, or floriculture; or material and parts	139443
for incorporation into any such tangible personal property for use	139444
or consumption in production; and of tangible personal property	139445
for such use or consumption in the conditioning or holding of	139446
products produced by and for such use, consumption, or sale by	139447
persons engaged in farming, agriculture, horticulture, or	139448
floriculture, except where such property is incorporated into real	139449
property;	139450

(18) Sales of drugs for a human being that may be dispensed	139451
only pursuant to a prescription; insulin as recognized in the	139452
official United States pharmacopoeia; urine and blood testing	139453
materials when used by diabetics or persons with hypoglycemia to	139454
test for glucose or acetone; hypodermic syringes and needles when	139455
used by diabetics for insulin injections; epoetin alfa when	139456
purchased for use in the treatment of persons with medical	139457
disease; hospital beds when purchased by hospitals, nursing homes,	139458
or other medical facilities; and medical oxygen and medical	139459
oxygen-dispensing equipment when purchased by hospitals, nursing	139460
homes, or other medical facilities;	139461

(19) Sales of prosthetic devices, durable medical equipment	139462
for home use, or mobility enhancing equipment, when made pursuant	139463
to a prescription and when such devices or equipment are for use	139464
by a human being.	139465

(20) Sales of emergency and fire protection vehicles and	139466
equipment to nonprofit organizations for use solely in providing	139467
fire protection and emergency services, including trauma care and	139468
emergency medical services, for political subdivisions of the	139469
state;	139470

(21) Sales of tangible personal property manufactured in this	139471
state, if sold by the manufacturer in this state to a retailer for	139472
use in the retail business of the retailer outside of this state	139473
and if possession is taken from the manufacturer by the purchaser	139474
within this state for the sole purpose of immediately removing the	139475
same from this state in a vehicle owned by the purchaser;	139476

(22) Sales of services provided by the state or any of its	139477
political subdivisions, agencies, instrumentalities, institutions,	139478
or authorities, or by governmental entities of the state or any of	139479
its political subdivisions, agencies, instrumentalities,	139480
institutions, or authorities;	139481

(23) Sales of motor vehicles to nonresidents of this state	139482
under the circumstances described in division (B) of section	139483
5739.029 of the Revised Code;	139484

(24) Sales to persons engaged in the preparation of eggs for	139485
sale of tangible personal property used or consumed directly in	139486
such preparation, including such tangible personal property used	139487
for cleaning, sanitizing, preserving, grading, sorting, and	139488
classifying by size; packages, including material and parts for	139489
packages, and machinery, equipment, and material for use in	139490
packaging eggs for sale; and handling and transportation equipment	139491
and parts therefor, except motor vehicles licensed to operate on	139492
public highways, used in intraplant or interplant transfers or	139493
shipment of eggs in the process of preparation for sale, when the	139494
plant or plants within or between which such transfers or	139495
shipments occur are operated by the same person. "Packages"	139496
includes containers, cases, baskets, flats, fillers, filler flats,	139497
cartons, closure materials, labels, and labeling materials, and	139498
"packaging" means placing therein.	139499

(25)(a) Sales of water to a consumer for residential use;

139500

(b) Sales of water by a nonprofit corporation engaged	139501
exclusively in the treatment, distribution, and sale of water to	139502
consumers, if such water is delivered to consumers through pipes	139503
or tubing.	139504

(26) Fees charged for inspection or reinspection of motor	139505
vehicles under section 3704.14 of the Revised Code;	139506

(27) Sales to persons licensed to conduct a food service	139507
operation pursuant to section 3717.43 of the Revised Code, of	139508
tangible personal property primarily used directly for the	139509
following:	139510

(a) To prepare food for human consumption for sale;

139511

(b) To preserve food that has been or will be prepared for	139512
human consumption for sale by the food service operator, not	139513
including tangible personal property used to display food for	139514
selection by the consumer;	139515

(c) To clean tangible personal property used to prepare or	139516
serve food for human consumption for sale.	139517

(28) Sales of animals by nonprofit animal adoption services	139518
or county humane societies;	139519

(29) Sales of services to a corporation described in division	139520
(A) of section 5709.72 of the Revised Code, and sales of tangible	139521
personal property that qualifies for exemption from taxation under	139522
section 5709.72 of the Revised Code;	139523

(30) Sales and installation of agricultural land tile, as	139524
defined in division (B)(5)(a) of section 5739.01 of the Revised	139525
Code;	139526

(31) Sales and erection or installation of portable grain	139527
bins, as defined in division (B)(5)(b) of section 5739.01 of the	139528
Revised Code;	139529

(32) The sale, lease, repair, and maintenance of, parts for,	139530
or items attached to or incorporated in, motor vehicles that are	139531
primarily used for transporting tangible personal property	139532
belonging to others by a person engaged in highway transportation	139533
for hire, except for packages and packaging used for the	139534
transportation of tangible personal property;	139535

(33) Sales to the state headquarters of any veterans'	139536
organization in this state that is either incorporated and issued	139537
a charter by the congress of the United States or is recognized by	139538
the United States veterans administration, for use by the	139539
headquarters;	139540

(34) Sales to a telecommunications service vendor, mobile	139541
telecommunications service vendor, or satellite broadcasting	139542
service vendor of tangible personal property and services used	139543
directly and primarily in transmitting, receiving, switching, or	139544
recording any interactive, one- or two-way electromagnetic	139545
communications, including voice, image, data, and information,	139546
through the use of any medium, including, but not limited to,	139547
poles, wires, cables, switching equipment, computers, and record	139548
storage devices and media, and component parts for the tangible	139549
personal property. The exemption provided in this division shall	139550
be in lieu of all other exemptions under division (B)(42)(a) or	139551
(n) of this section to which the vendor may otherwise be entitled,	139552
based upon the use of the thing purchased in providing the	139553
telecommunications, mobile telecommunications, or satellite	139554
broadcasting service.	139555

(35)(a) Sales where the purpose of the consumer is to use or	139556
consume the things transferred in making retail sales and	139557
consisting of newspaper inserts, catalogues, coupons, flyers, gift	139558
certificates, or other advertising material that prices and	139559
describes tangible personal property offered for retail sale.	139560

(b) Sales to direct marketing vendors of preliminary	139561
materials such as photographs, artwork, and typesetting that will	139562
be used in printing advertising material; and of printed matter	139563
that offers free merchandise or chances to win sweepstake prizes	139564
and that is mailed to potential customers with advertising	139565
material described in division (B)(35)(a) of this section;	139566

(c) Sales of equipment such as telephones, computers,	139567
facsimile machines, and similar tangible personal property	139568
primarily used to accept orders for direct marketing retail sales.	139569

(d) Sales of automatic food vending machines that preserve	139570
food with a shelf life of forty-five days or less by refrigeration	139571
and dispense it to the consumer.	139572

For purposes of division (B)(35) of this section, "direct	139573
marketing" means the method of selling where consumers order	139574
tangible personal property by United States mail, delivery	139575
service, or telecommunication and the vendor delivers or ships the	139576
tangible personal property sold to the consumer from a warehouse,	139577
catalogue distribution center, or similar fulfillment facility by	139578
means of the United States mail, delivery service, or common	139579
carrier.	139580

(36) Sales to a person engaged in the business of	139581
horticulture or producing livestock of materials to be	139582
incorporated into a horticulture structure or livestock structure;	139583

(37) Sales of personal computers, computer monitors, computer	139584
keyboards, modems, and other peripheral computer equipment to an	139585
individual who is licensed or certified to teach in an elementary	139586
or a secondary school in this state for use by that individual in	139587
preparation for teaching elementary or secondary school students;	139588

(38) Sales to a professional racing team of any of the	139589
following:	139590

(a) Motor racing vehicles;

139591

(b) Repair services for motor racing vehicles;

139592

(c) Items of property that are attached to or incorporated in	139593
motor racing vehicles, including engines, chassis, and all other	139594
components of the vehicles, and all spare, replacement, and	139595
rebuilt parts or components of the vehicles; except not including	139596
tires, consumable fluids, paint, and accessories consisting of	139597
instrumentation sensors and related items added to the vehicle to	139598
collect and transmit data by means of telemetry and other forms of	139599
communication.	139600

(39) Sales of used manufactured homes and used mobile homes,	139601
as defined in section 5739.0210 of the Revised Code, made on or	139602
after January 1, 2000;	139603

(40) Sales of tangible personal property and services to a	139604
provider of electricity used or consumed directly and primarily in	139605
generating, transmitting, or distributing electricity for use by	139606
others, including property that is or is to be incorporated into	139607
and will become a part of the consumer's production, transmission,	139608
or distribution system and that retains its classification as	139609
tangible personal property after incorporation; fuel or power used	139610
in the production, transmission, or distribution of electricity;	139611
energy conversion equipment as defined in section 5727.01 of the	139612
Revised Code; and tangible personal property and services used in	139613
the repair and maintenance of the production, transmission, or	139614
distribution system, including only those motor vehicles as are	139615
specially designed and equipped for such use. The exemption	139616
provided in this division shall be in lieu of all other exemptions	139617
in division (B)(42)(a) or (n) of this section to which a provider	139618
of electricity may otherwise be entitled based on the use of the	139619
tangible personal property or service purchased in generating,	139620
transmitting, or distributing electricity.	139621

(41) Sales to a person providing services under division	139622
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	139623
personal property and services used directly and primarily in	139624
providing taxable services under that section.	139625

(42) Sales where the purpose of the purchaser is to do any of	139626
the following:	139627

(a) To incorporate the thing transferred as a material or a	139628
part into tangible personal property to be produced for sale by	139629
manufacturing, assembling, processing, or refining; or to use or	139630
consume the thing transferred directly in producing tangible	139631
personal property for sale by mining, including, without	139632
limitation, the extraction from the earth of all substances that	139633
are classed geologically as minerals, production of crude oil and	139634
natural gas, or directly in the rendition of a public utility	139635
service, except that the sales tax levied by this section shall be	139636
collected upon all meals, drinks, and food for human consumption	139637
sold when transporting persons. Persons engaged in rendering	139638
services in the exploration for, and production of, crude oil and	139639
natural gas for others are deemed engaged directly in the	139640
exploration for, and production of, crude oil and natural gas.	139641
This paragraph does not exempt from "retail sale" or "sales at	139642
retail" the sale of tangible personal property that is to be	139643
incorporated into a structure or improvement to real property.	139644

(b) To hold the thing transferred as security for the	139645
performance of an obligation of the vendor;	139646

(c) To resell, hold, use, or consume the thing transferred as	139647
evidence of a contract of insurance;	139648

(d) To use or consume the thing directly in commercial	139649
fishing;	139650

(e) To incorporate the thing transferred as a material or a	139651
part into, or to use or consume the thing transferred directly in	139652
the production of, magazines distributed as controlled circulation	139653
publications;	139654

(f) To use or consume the thing transferred in the production	139655
and preparation in suitable condition for market and sale of	139656
printed, imprinted, overprinted, lithographic, multilithic,	139657
blueprinted, photostatic, or other productions or reproductions of	139658
written or graphic matter;	139659

(g) To use the thing transferred, as described in section	139660
5739.011 of the Revised Code, primarily in a manufacturing	139661
operation to produce tangible personal property for sale;	139662

(h) To use the benefit of a warranty, maintenance or service	139663
contract, or similar agreement, as described in division (B)(7) of	139664
section 5739.01 of the Revised Code, to repair or maintain	139665
tangible personal property, if all of the property that is the	139666
subject of the warranty, contract, or agreement would not be	139667
subject to the tax imposed by this section;	139668

(i) To use the thing transferred as qualified research and	139669
development equipment;	139670

(j) To use or consume the thing transferred primarily in	139671
storing, transporting, mailing, or otherwise handling purchased	139672
sales inventory in a warehouse, distribution center, or similar	139673
facility when the inventory is primarily distributed outside this	139674
state to retail stores of the person who owns or controls the	139675
warehouse, distribution center, or similar facility, to retail	139676
stores of an affiliated group of which that person is a member, or	139677
by means of direct marketing. This division does not apply to	139678
motor vehicles registered for operation on the public highways. As	139679
used in this division, "affiliated group" has the same meaning as	139680
in division (B)(3)(e) of section 5739.01 of the Revised Code and	139681
"direct marketing" has the same meaning as in division (B)(35) of	139682
this section.	139683

(k) To use or consume the thing transferred to fulfill a	139684
contractual obligation incurred by a warrantor pursuant to a	139685
warranty provided as a part of the price of the tangible personal	139686
property sold or by a vendor of a warranty, maintenance or service	139687
contract, or similar agreement the provision of which is defined	139688
as a sale under division (B)(7) of section 5739.01 of the Revised	139689
Code;	139690

(l) To use or consume the thing transferred in the production	139691
of a newspaper for distribution to the public;	139692

(m) To use tangible personal property to perform a service	139693
listed in division (B)(3) of section 5739.01 of the Revised Code,	139694
if the property is or is to be permanently transferred to the	139695
consumer of the service as an integral part of the performance of	139696
the service;	139697

(n) To use or consume the thing transferred primarily in	139698
producing tangible personal property for sale by farming,	139699
agriculture, horticulture, or floriculture. Persons engaged in	139700
rendering farming, agriculture, horticulture, or floriculture	139701
services for others are deemed engaged primarily in farming,	139702
agriculture, horticulture, or floriculture. This paragraph does	139703
not exempt from "retail sale" or "sales at retail" the sale of	139704
tangible personal property that is to be incorporated into a	139705
structure or improvement to real property.	139706

(o) To use or consume the thing transferred in acquiring,	139707
formatting, editing, storing, and disseminating data or	139708
information by electronic publishing.	139709

As used in division (B)(42) of this section, "thing" includes	139710
all transactions included in divisions (B)(3)(a), (b), and (e) of	139711
section 5739.01 of the Revised Code.	139712

(43) Sales conducted through a coin operated device that	139713
activates vacuum equipment or equipment that dispenses water,	139714
whether or not in combination with soap or other cleaning agents	139715
or wax, to the consumer for the consumer's use on the premises in	139716
washing, cleaning, or waxing a motor vehicle, provided no other	139717
personal property or personal service is provided as part of the	139718
transaction.	139719

(44) Sales of replacement and modification parts for engines,	139720
airframes, instruments, and interiors in, and paint for, aircraft	139721
used primarily in a fractional aircraft ownership program, and	139722
sales of services for the repair, modification, and maintenance of	139723
such aircraft, and machinery, equipment, and supplies primarily	139724
used to provide those services.	139725

(45) Sales of telecommunications service that is used	139726
directly and primarily to perform the functions of a call center.	139727
As used in this division, "call center" means any physical	139728
location where telephone calls are placed or received in high	139729
volume for the purpose of making sales, marketing, customer	139730
service, technical support, or other specialized business	139731
activity, and that employs at least fifty individuals that engage	139732
in call center activities on a full-time basis, or sufficient	139733
individuals to fill fifty full-time equivalent positions.	139734

(46) Sales by a telecommunications service vendor of 900	139735
service to a subscriber. This division does not apply to	139736
information services, as defined in division (FF) of section	139737
5739.01 of the Revised Code.	139738

(47) Sales of value-added non-voice data service. This	139739
division does not apply to any similar service that is not	139740
otherwise a telecommunications service.	139741

(48)(a) Sales of machinery, equipment, and software to a	139742
qualified direct selling entity for use in a warehouse or	139743
distribution center primarily for storing, transporting, or	139744
otherwise handling inventory that is held for sale to independent	139745
salespersons who operate as direct sellers and that is held	139746
primarily for distribution outside this state;	139747

(b) As used in division (B)(48)(a) of this section:

139748

(i) "Direct seller" means a person selling consumer products	139749
to individuals for personal or household use and not from a fixed	139750
retail location, including selling such product at in-home product	139751
demonstrations, parties, and other one-on-one selling.	139752

(ii) "Qualified direct selling entity" means an entity	139753
selling to direct sellers at the time the entity enters into a tax	139754
credit agreement with the tax credit authority pursuant to section	139755
122.17 of the Revised Code, provided that the agreement was	139756
entered into on or after January 1, 2007. Neither contingencies	139757
relevant to the granting of, nor later developments with respect	139758
to, the tax credit shall impair the status of the qualified direct	139759
selling entity under division (B)(48) of this section after	139760
execution of the tax credit agreement by the tax credit authority.	139761

(c) Division (B)(48) of this section is limited to machinery,	139762
equipment, and software first stored, used, or consumed in this	139763
state within the period commencing June 24, 2008, and ending on	139764
the date that is five years after that date.	139765

(49)(a) Sales of materials, parts, equipment, or engines used	139766
in the repair or maintenance of aircraft or avionics systems of	139767
such aircraft, and sales of repair, remodeling, replacement, or	139768
maintenance services in this state performed on aircraft or on an	139769
aircraft's avionics, engine, or component materials or parts. As	139770
used in division (B)(49)(a) of this section, "aircraft" means	139771
aircraft of more than six thousand pounds maximum certified	139772
takeoff weight or used exclusively in general aviation.	139773

(b) Sales of tangible personal property, including materials,	139774
parts, equipment, software, supplies, tools, fuel, catalysts, oil,	139775
acids, and other consumables, or services used or consumed in	139776
performing research and development activities with respect to	139777
aerospace vehicles, the parts, avionics systems, control systems,	139778
engines, software, component materials, or component parts of such	139779
aerospace vehicles, and human performance equipment and technology	139780
associated with operating and testing aerospace vehicles. As used	139781
in division (B)(49)(b) of this section, "aerospace vehicles" means	139782
any manned or unmanned aviation device including, but not limited	139783
to, aircraft, airplanes, helicopters, missiles, rockets, and space	139784
vehicles.	139785

(50) Sales of full flight simulators that are used for pilot	139786
or flight-crew training, sales of repair or replacement parts or	139787
components, and sales of repair or maintenance services for such	139788
full flight simulators. "Full flight simulator" means a replica of	139789
a specific type, or make, model, and series of aircraft cockpit.	139790
It includes the assemblage of equipment and computer programs	139791
necessary to represent aircraft operations in ground and flight	139792
conditions, a visual system providing an out-of-the-cockpit view,	139793
and a system that provides cues at least equivalent to those of a	139794
three-degree-of-freedom motion system, and has the full range of	139795
capabilities of the systems installed in the device as described	139796
in appendices A and B of part 60 of chapter 1 of title 14 of the	139797
Code of Federal Regulations.	139798

(51) Any transfer or lease of tangible personal property	139799
between the state and a successful proposer in accordance with	139800
sections 126.60 to 126.605 of the Revised Code, provided the	139801
property is part of a project as defined in section 126.60 of the	139802
Revised Code and the state retains ownership of the project or	139803
part thereof that is being transferred or leased, between the	139804
state and JobsOhio in accordance with section 4313.02 of the	139805
Revised Code.	139806

(52)(a) Sales to a qualifying corporation.

139807

(b) As used in division (B)(52) of this section:

139808

(i) "Qualifying corporation" means a nonprofit corporation	139809
organized in this state that leases from an eligible county land,	139810
buildings, structures, fixtures, and improvements to the land that	139811
are part of or used in a public recreational facility used by a	139812
major league professional athletic team or a class A to class AAA	139813
minor league affiliate of a major league professional athletic	139814
team for a significant portion of the team's home schedule,	139815
provided the following apply:	139816

(I) The facility is leased from the eligible county pursuant	139817
to a lease that requires substantially all of the revenue from the	139818
operation of the business or activity conducted by the nonprofit	139819
corporation at the facility in excess of operating costs, capital	139820
expenditures, and reserves to be paid to the eligible county at	139821
least once per calendar year.	139822

(II) Upon dissolution and liquidation of the nonprofit	139823
corporation, all of its net assets are distributable to the board	139824
of commissioners of the eligible county from which the corporation	139825
leases the facility.	139826

(ii) "Eligible county" has the same meaning as in section	139827
307.695 of the Revised Code.	139828

(53) Sales to or by a cable service provider, video service	139829
provider, or radio or television broadcast station regulated by	139830
the federal government of cable service or programming, video	139831
service or programming, audio service or programming, or	139832
electronically transferred digital audiovisual or audio work. As	139833
used in division (B)(53) of this section, "cable service" and	139834
"cable service provider" have the same meanings as in section	139835
1332.01 of the Revised Code, and "video service," "video service	139836
provider," and "video programming" have the same meanings as in	139837
section 1332.21 of the Revised Code.	139838

(54) Sales of investment metal bullion and investment coins.	139839
"Investment metal bullion" means any elementary precious metal	139840
that has been put through a process of smelting or refining,	139841
including, but not limited to, gold, silver, platinum, and	139842
palladium, and which is in such state or condition that its value	139843
depends upon its content and not upon its form. "Investment metal	139844
bullion" does not include fabricated precious metal that has been	139845
processed or manufactured for one or more specific and customary	139846
industrial, professional, or artistic uses. "Investment coins"	139847
means numismatic coins or other forms of money and legal tender	139848
manufactured of gold, silver, platinum, palladium, or other metal	139849
under the laws of the United States or any foreign nation with a	139850
fair market value greater than any statutory or nominal value of	139851
such coins.	139852

(C) For the purpose of the proper administration of this	139853
chapter, and to prevent the evasion of the tax, it is presumed	139854
that all sales made in this state are subject to the tax until the	139855
contrary is established.	139856

(D) The levy of this tax on retail sales of recreation and	139857
sports club service shall not prevent a municipal corporation from	139858
levying any tax on recreation and sports club dues or on any	139859
income generated by recreation and sports club dues.	139860

(E) The tax collected by the vendor from the consumer under	139861
this chapter is not part of the price, but is a tax collection for	139862
the benefit of the state, and of counties levying an additional	139863
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	139864
Code and of transit authorities levying an additional sales tax	139865
pursuant to section 5739.023 of the Revised Code. Except for the	139866
discount authorized under section 5739.12 of the Revised Code and	139867
the effects of any rounding pursuant to section 5703.055 of the	139868
Revised Code, no person other than the state or such a county or	139869
transit authority shall derive any benefit from the collection or	139870
payment of the tax levied by this section or section 5739.021,	139871
5739.023, or 5739.026 of the Revised Code.	139872

Sec. 5739.026. (A) A board of county commissioners may levy	139873
a tax of one-fourth or one-half of one per cent on every retail	139874
sale in the county, except sales of watercraft and outboard motors	139875
required to be titled pursuant to Chapter 1548. of the Revised	139876
Code and sales of motor vehicles, and may increase an existing	139877
rate of one-fourth of one per cent to one-half of one per cent, to	139878
pay the expenses of administering the tax and, except as provided	139879
in division (A)(6) of this section, for any one or more of the	139880
following purposes provided that the aggregate levy for all such	139881
purposes does not exceed one-half of one per cent:	139882

(1) To provide additional revenues for the payment of bonds	139883
or notes issued in anticipation of bonds issued by a convention	139884
facilities authority established by the board of county	139885
commissioners under Chapter 351. of the Revised Code and to	139886
provide additional operating revenues for the convention	139887
facilities authority;	139888

(2) To provide additional revenues for a transit authority	139889
operating in the county;	139890

(3) To provide additional revenue for the county's general	139891
fund;	139892

(4) To provide additional revenue for permanent improvements	139893
within the county to be distributed by the community improvements	139894
board in accordance with section 307.283 and to pay principal,	139895
interest, and premium on bonds issued under section 307.284 of the	139896
Revised Code;	139897

(5) To provide additional revenue for the acquisition,	139898
construction, equipping, or repair of any specific permanent	139899
improvement or any class or group of permanent improvements, which	139900
improvement or class or group of improvements shall be enumerated	139901
in the resolution required by division (D) of this section, and to	139902
pay principal, interest, premium, and other costs associated with	139903
the issuance of bonds or notes in anticipation of bonds issued	139904
pursuant to Chapter 133. of the Revised Code for the acquisition,	139905
construction, equipping, or repair of the specific permanent	139906
improvement or class or group of permanent improvements;	139907

(6) To provide revenue for the implementation and operation	139908
of a 9-1-1 system in the county. If the tax is levied or the rate	139909
increased exclusively for such purpose, the tax shall not be	139910
levied or the rate increased for more than five years. At the end	139911
of the last year the tax is levied or the rate increased, any	139912
balance remaining in the special fund established for such purpose	139913
shall remain in that fund and be used exclusively for such purpose	139914
until the fund is completely expended, and, notwithstanding	139915
section 5705.16 of the Revised Code, the board of county	139916
commissioners shall not petition for the transfer of money from	139917
such special fund, and the tax commissioner shall not approve such	139918
a petition.	139919

If the tax is levied or the rate increased for such purpose	139920
for more than five years, the board of county commissioners also	139921
shall levy the tax or increase the rate of the tax for one or more	139922
of the purposes described in divisions (A)(1) to (5) of this	139923
section and shall prescribe the method for allocating the revenues	139924
from the tax each year in the manner required by division (C) of	139925
this section.	139926

(7) To provide additional revenue for the operation or	139927
maintenance of a detention facility, as that term is defined under	139928
division (F) of section 2921.01 of the Revised Code;	139929

(8) To provide revenue to finance the construction or	139930
renovation of a sports facility, but only if the tax is levied for	139931
that purpose in the manner prescribed by section 5739.028 of the	139932
Revised Code.	139933

As used in division (A)(8) of this section:

139934

(a) "Sports facility" means a facility intended to house	139935
major league professional athletic teams.	139936

(b) "Constructing" or "construction" includes providing	139937
fixtures, furnishings, and equipment.	139938

(9) To provide additional revenue for the acquisition of	139939
agricultural easements, as defined in section 5301.67 of the	139940
Revised Code; to pay principal, interest, and premium on bonds	139941
issued under section 133.60 of the Revised Code; and for the	139942
supervision and enforcement of agricultural easements held by the	139943
county;	139944

(10) To provide revenue for the provision of ambulance,	139945
paramedic, or other emergency medical services;	139946

(11) To provide revenue for the operation of a lake	139947
facilities authority and the remediation of an impacted watershed	139948
by a lake facilities authority, as provided in Chapter 353. of the	139949
Revised Code.	139950

Pursuant to section 755.171 of the Revised Code, a board of	139951
county commissioners may pledge and contribute revenue from a tax	139952
levied for the purpose of division (A)(5) of this section to the	139953
payment of debt charges on bonds issued under section 755.17 of	139954
the Revised Code.	139955

The rate of tax shall be a multiple of one-fourth of one per	139956
cent, unless a portion of the rate of an existing tax levied under	139957
section 5739.023 of the Revised Code has been reduced, and the	139958
rate of tax levied under this section has been increased, pursuant	139959
to section 5739.028 of the Revised Code, in which case the	139960
aggregate of the rates of tax levied under this section and	139961
section 5739.023 of the Revised Code shall be a multiple of	139962
one-fourth of one per cent. The tax shall be levied and the rate	139963
increased pursuant to a resolution adopted by a majority of the	139964
members of the board. The board shall deliver a certified copy of	139965
the resolution to the tax commissioner, not later than the	139966
sixty-fifth day prior to the date on which the tax is to become	139967
effective, which shall be the first day of a calendar quarter.	139968

Prior to the adoption of any resolution to levy the tax or to	139969
increase the rate of tax exclusively for the purpose set forth in	139970
division (A)(3) of this section, the board of county commissioners	139971
shall conduct two public hearings on the resolution, the second	139972
hearing to be no fewer than three nor more than ten days after the	139973
first. Notice of the date, time, and place of the hearings shall	139974
be given by publication in a newspaper of general circulation in	139975
the county, or as provided in section 7.16 of the Revised Code,	139976
once a week on the same day of the week for two consecutive weeks.	139977
The second publication shall be no fewer than ten nor more than	139978
thirty days prior to the first hearing. Except as provided in	139979
division (E) of this section, the resolution shall be subject to a	139980
referendum as provided in sections 305.31 to 305.41 of the Revised	139981
Code. If the resolution is adopted as an emergency measure	139982
necessary for the immediate preservation of the public peace,	139983
health, or safety, it must receive an affirmative vote of all of	139984
the members of the board of county commissioners and shall state	139985
the reasons for the necessity.	139986

If the tax is for more than one of the purposes set forth in	139987
divisions (A)(1) to (7), (9), and (10) of this section, or is	139988
exclusively for one of the purposes set forth in division (A)(1),	139989
(2), (4), (5), (6), (7), (9), or (10) of this section, the	139990
resolution shall not go into effect unless it is approved by a	139991
majority of the electors voting on the question of the tax.	139992

(B) The board of county commissioners shall adopt a	139993
resolution under section 351.02 of the Revised Code creating the	139994
convention facilities authority, or under section 307.283 of the	139995
Revised Code creating the community improvements board, before	139996
adopting a resolution levying a tax for the purpose of a	139997
convention facilities authority under division (A)(1) of this	139998
section or for the purpose of a community improvements board under	139999
division (A)(4) of this section.	140000

(C)(1) If the tax is to be used for more than one of the	140001
purposes set forth in divisions (A)(1) to (7), (9), and (10) of	140002
this section, the board of county commissioners shall establish	140003
the method that will be used to determine the amount or proportion	140004
of the tax revenue received by the county during each year that	140005
will be distributed for each of those purposes, including, if	140006
applicable, provisions governing the reallocation of a convention	140007
facilities authority's allocation if the authority is dissolved	140008
while the tax is in effect. The allocation method may provide that	140009
different proportions or amounts of the tax shall be distributed	140010
among the purposes in different years, but it shall clearly	140011
describe the method that will be used for each year. Except as	140012
otherwise provided in division (C)(2) of this section, the	140013
allocation method established by the board is not subject to	140014
amendment during the life of the tax.	140015

(2) Subsequent to holding a public hearing on the proposed	140016
amendment, the board of county commissioners may amend the	140017
allocation method established under division (C)(1) of this	140018
section for any year, if the amendment is approved by the	140019
governing board of each entity whose allocation for the year would	140020
be reduced by the proposed amendment. In the case of a tax that is	140021
levied for a continuing period of time, the board may not so amend	140022
the allocation method for any year before the sixth year that the	140023
tax is in effect.	140024

(a) If the additional revenues provided to the convention	140025
facilities authority are pledged by the authority for the payment	140026
of convention facilities authority revenue bonds for as long as	140027
such bonds are outstanding, no reduction of the authority's	140028
allocation of the tax shall be made for any year except to the	140029
extent that the reduced authority allocation, when combined with	140030
the authority's other revenues pledged for that purpose, is	140031
sufficient to meet the debt service requirements for that year on	140032
such bonds.	140033

(b) If the additional revenues provided to the county are	140034
pledged by the county for the payment of bonds or notes described	140035
in division (A)(4) or (5) of this section, for as long as such	140036
bonds or notes are outstanding, no reduction of the county's or	140037
the community improvements board's allocation of the tax shall be	140038
made for any year, except to the extent that the reduced county or	140039
community improvements board allocation is sufficient to meet the	140040
debt service requirements for that year on such bonds or notes.	140041

(c) If the additional revenues provided to the transit	140042
authority are pledged by the authority for the payment of revenue	140043
bonds issued under section 306.37 of the Revised Code, for as long	140044
as such bonds are outstanding, no reduction of the authority's	140045
allocation of tax shall be made for any year, except to the extent	140046
that the authority's reduced allocation, when combined with the	140047
authority's other revenues pledged for that purpose, is sufficient	140048
to meet the debt service requirements for that year on such bonds.	140049

(d) If the additional revenues provided to the county are	140050
pledged by the county for the payment of bonds or notes issued	140051
under section 133.60 of the Revised Code, for so long as the bonds	140052
or notes are outstanding, no reduction of the county's allocation	140053
of the tax shall be made for any year, except to the extent that	140054
the reduced county allocation is sufficient to meet the debt	140055
service requirements for that year on the bonds or notes.	140056

(D)(1) The resolution levying the tax or increasing the rate	140057
of tax shall state the rate of the tax or the rate of the	140058
increase; the purpose or purposes for which it is to be levied;	140059
the number of years for which it is to be levied or that it is for	140060
a continuing period of time; the allocation method required by	140061
division (C) of this section; and if required to be submitted to	140062
the electors of the county under division (A) of this section, the	140063
date of the election at which the proposal shall be submitted to	140064
the electors of the county, which shall be not less than ninety	140065
days after the certification of a copy of the resolution to the	140066
board of elections and, if the tax is to be levied exclusively for	140067
the purpose set forth in division (A)(3) of this section, shall	140068
not occur in February or August of any year. Upon certification of	140069
the resolution to the board of elections, the board of county	140070
commissioners shall notify the tax commissioner in writing of the	140071
levy question to be submitted to the electors. If approved by a	140072
majority of the electors, the tax shall become effective on the	140073
first day of a calendar quarter next following the sixty-fifth day	140074
following the date the board of county commissioners and tax	140075
commissioner receive from the board of elections the certification	140076
of the results of the election, except as provided in division (E)	140077
of this section.	140078

(2)(a) A resolution specifying that the tax is to be used	140079
exclusively for the purpose set forth in division (A)(3) of this	140080
section that is not adopted as an emergency measure may direct the	140081
board of elections to submit the question of levying the tax or	140082
increasing the rate of the tax to the electors of the county at a	140083
special election held on the date specified by the board of county	140084
commissioners in the resolution, provided that the election occurs	140085
not less than ninety days after the resolution is certified to the	140086
board of elections and the election is not held in February or	140087
August of any year. Upon certification of the resolution to the	140088
board of elections, the board of county commissioners shall notify	140089
the tax commissioner in writing of the levy question to be	140090
submitted to the electors. No resolution adopted under division	140091
(D)(2)(a) of this section shall go into effect unless approved by	140092
a majority of those voting upon it and, except as provided in	140093
division (E) of this section, not until the first day of a	140094
calendar quarter following the expiration of sixty-five days from	140095
the date the tax commissioner receives notice from the board of	140096
elections of the affirmative vote.	140097

(b) A resolution specifying that the tax is to be used	140098
exclusively for the purpose set forth in division (A)(3) of this	140099
section that is adopted as an emergency measure shall become	140100
effective as provided in division (A) of this section, but may	140101
direct the board of elections to submit the question of repealing	140102
the tax or increase in the rate of the tax to the electors of the	140103
county at the next general election in the county occurring not	140104
less than ninety days after the resolution is certified to the	140105
board of elections. Upon certification of the resolution to the	140106
board of elections, the board of county commissioners shall notify	140107
the tax commissioner in writing of the levy question to be	140108
submitted to the electors. The ballot question shall be the same	140109
as that prescribed in section 5739.022 of the Revised Code. The	140110
board of elections shall notify the board of county commissioners	140111
and the tax commissioner of the result of the election immediately	140112
after the result has been declared. If a majority of the qualified	140113
electors voting on the question of repealing the tax or increase	140114
in the rate of the tax vote for repeal of the tax or repeal of the	140115
increase, the board of county commissioners, on the first day of a	140116
calendar quarter following the expiration of sixty-five days after	140117
the date the board and tax commissioner received notice of the	140118
result of the election, shall, in the case of a repeal of the tax,	140119
cease to levy the tax, or, in the case of a repeal of an increase	140120
in the rate of the tax, cease to levy the increased rate and levy	140121
the tax at the rate at which it was imposed immediately prior to	140122
the increase in rate.	140123

(c) A board of county commissioners, by resolution, may	140124
reduce the rate of a tax levied exclusively for the purpose set	140125
forth in division (A)(3) of this section to a lower rate	140126
authorized by this section. Any such reduction shall be made	140127
effective on the first day of the calendar quarter next following	140128
the sixty-fifth day after the tax commissioner receives a	140129
certified copy of the resolution from the board.	140130

(E) If a vendor makes a sale in this state by printed catalog	140131
and the consumer computed the tax on the sale based on local rates	140132
published in the catalog, any tax levied or repealed or rate	140133
changed under this section shall not apply to such a sale until	140134
the first day of a calendar quarter following the expiration of	140135
one hundred twenty days from the date of notice by the tax	140136
commissioner pursuant to division (G) of this section.	140137

(F) The tax levied pursuant to this section shall be in	140138
addition to the tax levied by section 5739.02 of the Revised Code	140139
and any tax levied pursuant to section 5739.021 or 5739.023 of the	140140
Revised Code.	140141

A county that levies a tax pursuant to this section shall	140142
levy a tax at the same rate pursuant to section 5741.023 of the	140143
Revised Code.	140144

The additional tax levied by the county shall be collected	140145
pursuant to section 5739.025 of the Revised Code.	140146

Any tax levied pursuant to this section is subject to the	140147
exemptions provided in section 5739.02 of the Revised Code and in	140148
addition shall not be applicable to sales not within the taxing	140149
power of a county under the Constitution of the United States or	140150
the Ohio Constitution.	140151

(G) Upon receipt from a board of county commissioners of a	140152
certified copy of a resolution required by division (A) of this	140153
section, or from the board of elections a notice of the results of	140154
an election required by division (D)(1), (2)(a), (b), or (c) of	140155
this section, the tax commissioner shall provide notice of a tax	140156
rate change in a manner that is reasonably accessible to all	140157
affected vendors. The commissioner shall provide this notice at	140158
least sixty days prior to the effective date of the rate change.	140159
The commissioner, by rule, may establish the method by which	140160
notice will be provided.	140161

Sec. 5739.09. (A)(1) A board of county commissioners may, by	140162
resolution adopted by a majority of the members of the board, levy	140163
an excise tax not to exceed three per cent on transactions by	140164
which lodging by a hotel is or is to be furnished to transient	140165
guests. The board shall establish all regulations necessary to	140166
provide for the administration and allocation of the tax. The	140167
regulations may prescribe the time for payment of the tax, and may	140168
provide for the imposition of a penalty or interest, or both, for	140169
late payments, provided that the penalty does not exceed ten per	140170
cent of the amount of tax due, and the rate at which interest	140171
accrues does not exceed the rate per annum prescribed pursuant to	140172
section 5703.47 of the Revised Code. Except as provided in	140173
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the	140174
regulations shall provide, after deducting the real and actual	140175
costs of administering the tax, for the return to each municipal	140176
corporation or township that does not levy an excise tax on the	140177
transactions, a uniform percentage of the tax collected in the	140178
municipal corporation or in the unincorporated portion of the	140179
township from each transaction, not to exceed thirty-three and	140180
one-third per cent. The remainder of the revenue arising from the	140181
tax shall be deposited in a separate fund and shall be spent	140182
solely to make contributions to the convention and visitors'	140183
bureau operating within the county, including a pledge and	140184
contribution of any portion of the remainder pursuant to an	140185
agreement authorized by section 307.695 of the Revised Code,	140186
provided that if the board of county commissioners of an eligible	140187
county as defined in section 307.695 of the Revised Code adopts a	140188
resolution amending a resolution levying a tax under this division	140189
to provide that the revenue from the tax shall be used by the	140190
board as described in division (H) of section 307.695 of the	140191
Revised Code, the remainder of the revenue shall be used as	140192
described in the resolution making that amendment. Except as	140193
provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) of	140194
this section, on and after May 10, 1994, a board of county	140195
commissioners may not levy an excise tax pursuant to this division	140196
in any municipal corporation or township located wholly or partly	140197
within the county that has in effect an ordinance or resolution	140198
levying an excise tax pursuant to division (B) of this section.	140199
The board of a county that has levied a tax under division (C) of	140200
this section may, by resolution adopted within ninety days after	140201
July 15, 1985, by a majority of the members of the board, amend	140202
the resolution levying a tax under this division to provide for a	140203
portion of that tax to be pledged and contributed in accordance	140204
with an agreement entered into under section 307.695 of the	140205
Revised Code. A tax, any revenue from which is pledged pursuant to	140206
such an agreement, shall remain in effect at the rate at which it	140207
is imposed for the duration of the period for which the revenue	140208
from the tax has been so pledged.	140209

The board of county commissioners of an eligible county as	140210
defined in section 307.695 of the Revised Code may, by resolution	140211
adopted by a majority of the members of the board, amend a	140212
resolution levying a tax under this division to provide that the	140213
revenue from the tax shall be used by the board as described in	140214
division (H) of section 307.695 of the Revised Code, in which case	140215
the tax shall remain in effect at the rate at which it was imposed	140216
for the duration of any agreement entered into by the board under	140217
section 307.695 of the Revised Code, the duration during which any	140218
securities issued by the board under that section are outstanding,	140219
or the duration of the period during which the board owns a	140220
project as defined in section 307.695 of the Revised Code,	140221
whichever duration is longest.	140222

(2) A board of county commissioners that levies an excise tax	140223
under division (A)(1) of this section on June 30, 1997, at a rate	140224
of three per cent, and that has pledged revenue from the tax to an	140225
agreement entered into under section 307.695 of the Revised Code	140226
or, in the case of the board of county commissioners of an	140227
eligible county as defined in section 307.695 of the Revised Code,	140228
has amended a resolution levying a tax under division (C) of this	140229
section to provide that proceeds from the tax shall be used by the	140230
board as described in division (H) of section 307.695 of the	140231
Revised Code, may, at any time by a resolution adopted by a	140232
majority of the members of the board, amend the resolution levying	140233
a tax under division (A)(1) of this section to provide for an	140234
increase in the rate of that tax up to seven per cent on each	140235
transaction; to provide that revenue from the increase in the rate	140236
shall be used as described in division (H) of section 307.695 of	140237
the Revised Code or be spent solely to make contributions to the	140238
convention and visitors' bureau operating within the county to be	140239
used specifically for promotion, advertising, and marketing of the	140240
region in which the county is located; and to provide that the	140241
rate in excess of the three per cent levied under division (A)(1)	140242
of this section shall remain in effect at the rate at which it is	140243
imposed for the duration of the period during which any agreement	140244
is in effect that was entered into under section 307.695 of the	140245
Revised Code by the board of county commissioners levying a tax	140246
under division (A)(1) of this section, the duration of the period	140247
during which any securities issued by the board under division (I)	140248
of section 307.695 of the Revised Code are outstanding, or the	140249
duration of the period during which the board owns a project as	140250
defined in section 307.695 of the Revised Code, whichever duration	140251
is longest. The amendment also shall provide that no portion of	140252
that revenue need be returned to townships or municipal	140253
corporations as would otherwise be required under division (A)(1)	140254
of this section.	140255

(3) A board of county commissioners that levies a tax under	140256
division (A)(1) of this section on March 18, 1999, at a rate of	140257
three per cent may, by resolution adopted not later than	140258
forty-five days after March 18, 1999, amend the resolution levying	140259
the tax to provide for all of the following:	140260

(a) That the rate of the tax shall be increased by not more	140261
than an additional four per cent on each transaction;	140262

(b) That all of the revenue from the increase in the rate	140263
shall be pledged and contributed to a convention facilities	140264
authority established by the board of county commissioners under	140265
Chapter 351. of the Revised Code on or before November 15, 1998,	140266
and used to pay costs of constructing, maintaining, operating, and	140267
promoting a facility in the county, including paying bonds, or	140268
notes issued in anticipation of bonds, as provided by that	140269
chapter;	140270

(c) That no portion of the revenue arising from the increase	140271
in rate need be returned to municipal corporations or townships as	140272
otherwise required under division (A)(1) of this section;	140273

(d) That the increase in rate shall not be subject to	140274
diminution by initiative or referendum or by law while any bonds,	140275
or notes in anticipation of bonds, issued by the authority under	140276
Chapter 351. of the Revised Code to which the revenue is pledged,	140277
remain outstanding in accordance with their terms, unless	140278
provision is made by law or by the board of county commissioners	140279
for an adequate substitute therefor that is satisfactory to the	140280
trustee if a trust agreement secures the bonds.	140281

Division (A)(3) of this section does not apply to the board	140282
of county commissioners of any county in which a convention center	140283
or facility exists or is being constructed on November 15, 1998,	140284
or of any county in which a convention facilities authority levies	140285
a tax pursuant to section 351.021 of the Revised Code on that	140286
date.	140287

As used in division (A)(3) of this section, "cost" and	140288
"facility" have the same meanings as in section 351.01 of the	140289
Revised Code, and "convention center" has the same meaning as in	140290
section 307.695 of the Revised Code.	140291

(4)(a) A board of county commissioners that levies a tax	140292
under division (A)(1) of this section on June 30, 2002, at a rate	140293
of three per cent may, by resolution adopted not later than	140294
September 30, 2002, amend the resolution levying the tax to	140295
provide for all of the following:	140296

(i) That the rate of the tax shall be increased by not more	140297
than an additional three and one-half per cent on each	140298
transaction;	140299

(ii) That all of the revenue from the increase in rate shall	140300
be pledged and contributed to a convention facilities authority	140301
established by the board of county commissioners under Chapter	140302
351. of the Revised Code on or before May 15, 2002, and be used to	140303
pay costs of constructing, expanding, maintaining, operating, or	140304
promoting a convention center in the county, including paying	140305
bonds, or notes issued in anticipation of bonds, as provided by	140306
that chapter;	140307

(iii) That no portion of the revenue arising from the	140308
increase in rate need be returned to municipal corporations or	140309
townships as otherwise required under division (A)(1) of this	140310
section;	140311

(iv) That the increase in rate shall not be subject to	140312
diminution by initiative or referendum or by law while any bonds,	140313
or notes in anticipation of bonds, issued by the authority under	140314
Chapter 351. of the Revised Code to which the revenue is pledged,	140315
remain outstanding in accordance with their terms, unless	140316
provision is made by law or by the board of county commissioners	140317
for an adequate substitute therefor that is satisfactory to the	140318
trustee if a trust agreement secures the bonds.	140319

(b) Any board of county commissioners that, pursuant to	140320
division (A)(4)(a) of this section, has amended a resolution	140321
levying the tax authorized by division (A)(1) of this section may	140322
further amend the resolution to provide that the revenue referred	140323
to in division (A)(4)(a)(ii) of this section shall be pledged and	140324
contributed both to a convention facilities authority to pay the	140325
costs of constructing, expanding, maintaining, or operating one or	140326
more convention centers in the county, including paying bonds, or	140327
notes issued in anticipation of bonds, as provided in Chapter 351.	140328
of the Revised Code, and to a convention and visitors' bureau to	140329
pay the costs of promoting one or more convention centers in the	140330
county.	140331

As used in division (A)(4) of this section, "cost" has the	140332
same meaning as in section 351.01 of the Revised Code, and	140333
"convention center" has the same meaning as in section 307.695 of	140334
the Revised Code.	140335

(5)(a) As used in division (A)(5) of this section:

140336

(i) "Port authority" means a port authority created under	140337
Chapter 4582. of the Revised Code.	140338

(ii) "Port authority military-use facility" means port	140339
authority facilities on which or adjacent to which is located an	140340
installation of the armed forces of the United States, a reserve	140341
component thereof, or the national guard and at least part of	140342
which is made available for use, for consideration, by the armed	140343
forces of the United States, a reserve component thereof, or the	140344
national guard.	140345

(b) For the purpose of contributing revenue to pay operating	140346
expenses of a port authority that operates a port authority	140347
military-use facility, the board of county commissioners of a	140348
county that created, participated in the creation of, or has	140349
joined such a port authority may do one or both of the following:	140350

(i) Amend a resolution previously adopted under division	140351
(A)(1) of this section to designate some or all of the revenue	140352
from the tax levied under the resolution to be used for that	140353
purpose, notwithstanding that division;	140354

(ii) Amend a resolution previously adopted under division	140355
(A)(1) of this section to increase the rate of the tax by not more	140356
than an additional two per cent and use the revenue from the	140357
increase exclusively for that purpose.	140358

(c) If a board of county commissioners amends a resolution to	140359
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	140360
of this section, the board also may amend the resolution to	140361
specify that the increase in rate of the tax does not apply to	140362
"hotels," as otherwise defined in section 5739.01 of the Revised	140363
Code, having fewer rooms used for the accommodation of guests than	140364
a number of rooms specified by the board.	140365

(6) A board of county commissioners of a county organized	140366
under a county charter adopted pursuant to Article X, Section 3,	140367
Ohio Constitution, and that levies an excise tax under division	140368
(A)(1) of this section at a rate of three per cent and levies an	140369
additional excise tax under division (E) of this section at a rate	140370
of one and one-half per cent may, by resolution adopted not later	140371
than January 1, 2008, by a majority of the members of the board,	140372
amend the resolution levying a tax under division (A)(1) of this	140373
section to provide for an increase in the rate of that tax by not	140374
more than an additional one per cent on transactions by which	140375
lodging by a hotel is or is to be furnished to transient guests.	140376
Notwithstanding divisions (A)(1) and (E) of this section, the	140377
resolution shall provide that all of the revenue from the increase	140378
in rate, after deducting the real and actual costs of	140379
administering the tax, shall be used to pay the costs of	140380
improving, expanding, equipping, financing, or operating a	140381
convention center by a convention and visitors' bureau in the	140382
county. The increase in rate shall remain in effect for the period	140383
specified in the resolution, not to exceed ten years. The increase	140384
in rate shall be subject to the regulations adopted under division	140385
(A)(1) of this section, except that the resolution may provide	140386
that no portion of the revenue from the increase in the rate shall	140387
be returned to townships or municipal corporations as would	140388
otherwise be required under that division.	140389

(7) Division (A)(7) of this section applies only to a county	140390
with a population greater than sixty-five thousand and less than	140391
seventy thousand according to the most recent federal decennial	140392
census and in which, on December 31, 2006, an excise tax is levied	140393
under division (A)(1) of this section at a rate not less than and	140394
not greater than three per cent, and in which the most recent	140395
increase in the rate of that tax was enacted or took effect in	140396
November 1984.	140397

The board of county commissioners of a county to which this	140398
division applies, by resolution adopted by a majority of the	140399
members of the board, may increase the rate of the tax by not more	140400
than one per cent on transactions by which lodging by a hotel is	140401
or is to be furnished to transient guests. The increase in rate	140402
shall be for the purpose of paying expenses deemed necessary by	140403
the convention and visitors' bureau operating in the county to	140404
promote travel and tourism. The increase in rate shall remain in	140405
effect for the period specified in the resolution, not to exceed	140406
twenty years, provided that the increase in rate may not continue	140407
beyond the time when the purpose for which the increase is levied	140408
ceases to exist. If revenue from the increase in rate is pledged	140409
to the payment of debt charges on securities, the increase in rate	140410
is not subject to diminution by initiative or referendum or by law	140411
for so long as the securities are outstanding, unless provision is	140412
made by law or by the board of county commissioners for an	140413
adequate substitute for that revenue that is satisfactory to the	140414
trustee if a trust agreement secures payment of the debt charges.	140415
The increase in rate shall be subject to the regulations adopted	140416
under division (A)(1) of this section, except that the resolution	140417
may provide that no portion of the revenue from the increase in	140418
the rate shall be returned to townships or municipal corporations	140419
as would otherwise be required under division (A)(1) of this	140420
section. A resolution adopted under division (A)(7) of this	140421
section is subject to referendum under sections 305.31 to 305.99	140422
of the Revised Code.	140423

(B)(1) The legislative authority of a municipal corporation	140424
or the board of trustees of a township that is not wholly or	140425
partly located in a county that has in effect a resolution levying	140426
an excise tax pursuant to division (A)(1) of this section may, by	140427
ordinance or resolution, levy an excise tax not to exceed three	140428
per cent on transactions by which lodging by a hotel is or is to	140429
be furnished to transient guests. The legislative authority of the	140430
municipal corporation or the board of trustees of the township	140431
shall deposit at least fifty per cent of the revenue from the tax	140432
levied pursuant to this division into a separate fund, which shall	140433
be spent solely to make contributions to convention and visitors'	140434
bureaus operating within the county in which the municipal	140435
corporation or township is wholly or partly located, and the	140436
balance of that revenue shall be deposited in the general fund.	140437
The municipal corporation or township shall establish all	140438
regulations necessary to provide for the administration and	140439
allocation of the tax. The regulations may prescribe the time for	140440
payment of the tax, and may provide for the imposition of a	140441
penalty or interest, or both, for late payments, provided that the	140442
penalty does not exceed ten per cent of the amount of tax due, and	140443
the rate at which interest accrues does not exceed the rate per	140444
annum prescribed pursuant to section 5703.47 of the Revised Code.	140445
The levy of a tax under this division is in addition to any tax	140446
imposed on the same transaction by a municipal corporation or a	140447
township as authorized by division (A) of section 5739.08 of the	140448
Revised Code.	140449

(2)(a) The legislative authority of the most populous	140450
municipal corporation located wholly or partly in a county in	140451
which the board of county commissioners has levied a tax under	140452
division (A)(4) of this section may amend, on or before September	140453
30, 2002, that municipal corporation's ordinance or resolution	140454
that levies an excise tax on transactions by which lodging by a	140455
hotel is or is to be furnished to transient guests, to provide for	140456
all of the following:	140457

(i) That the rate of the tax shall be increased by not more	140458
than an additional one per cent on each transaction;	140459

(ii) That all of the revenue from the increase in rate shall	140460
be pledged and contributed to a convention facilities authority	140461
established by the board of county commissioners under Chapter	140462
351. of the Revised Code on or before May 15, 2002, and be used to	140463
pay costs of constructing, expanding, maintaining, operating, or	140464
promoting a convention center in the county, including paying	140465
bonds, or notes issued in anticipation of bonds, as provided by	140466
that chapter;	140467

(iii) That the increase in rate shall not be subject to	140468
diminution by initiative or referendum or by law while any bonds,	140469
or notes in anticipation of bonds, issued by the authority under	140470
Chapter 351. of the Revised Code to which the revenue is pledged,	140471
remain outstanding in accordance with their terms, unless	140472
provision is made by law, by the board of county commissioners, or	140473
by the legislative authority, for an adequate substitute therefor	140474
that is satisfactory to the trustee if a trust agreement secures	140475
the bonds.	140476

(b) The legislative authority of a municipal corporation	140477
that, pursuant to division (B)(2)(a) of this section, has amended	140478
its ordinance or resolution to increase the rate of the tax	140479
authorized by division (B)(1) of this section may further amend	140480
the ordinance or resolution to provide that the revenue referred	140481
to in division (B)(2)(a)(ii) of this section shall be pledged and	140482
contributed both to a convention facilities authority to pay the	140483
costs of constructing, expanding, maintaining, or operating one or	140484
more convention centers in the county, including paying bonds, or	140485
notes issued in anticipation of bonds, as provided in Chapter 351.	140486
of the Revised Code, and to a convention and visitors' bureau to	140487
pay the costs of promoting one or more convention centers in the	140488
county.	140489

As used in division (B)(2) of this section, "cost" has the	140490
same meaning as in section 351.01 of the Revised Code, and	140491
"convention center" has the same meaning as in section 307.695 of	140492
the Revised Code.	140493

(C) For the purposes described in section 307.695 of the	140494
Revised Code and to cover the costs of administering the tax, a	140495
board of county commissioners of a county where a tax imposed	140496
under division (A)(1) of this section is in effect may, by	140497
resolution adopted within ninety days after July 15, 1985, by a	140498
majority of the members of the board, levy an additional excise	140499
tax not to exceed three per cent on transactions by which lodging	140500
by a hotel is or is to be furnished to transient guests. The tax	140501
authorized by this division shall be in addition to any tax that	140502
is levied pursuant to division (A) of this section, but it shall	140503
not apply to transactions subject to a tax levied by a municipal	140504
corporation or township pursuant to the authorization granted by	140505
division (A) of section 5739.08 of the Revised Code. The board	140506
shall establish all regulations necessary to provide for the	140507
administration and allocation of the tax. The regulations may	140508
prescribe the time for payment of the tax, and may provide for the	140509
imposition of a penalty or interest, or both, for late payments,	140510
provided that the penalty does not exceed ten per cent of the	140511
amount of tax due, and the rate at which interest accrues does not	140512
exceed the rate per annum prescribed pursuant to section 5703.47	140513
of the Revised Code. All revenues arising from the tax shall be	140514
expended in accordance with section 307.695 of the Revised Code.	140515
The board of county commissioners of an eligible county as defined	140516
in section 307.695 of the Revised Code may, by resolution adopted	140517
by a majority of the members of the board, amend the resolution	140518
levying a tax under this division to provide that the revenue from	140519
the tax shall be used by the board as described in division (H) of	140520
section 307.695 of the Revised Code. A tax imposed under this	140521
division shall remain in effect at the rate at which it is imposed	140522
for the duration of the period during which any agreement entered	140523
into by the board under section 307.695 of the Revised Code is in	140524
effect, the duration of the period during which any securities	140525
issued by the board under division (I) of section 307.695 of the	140526
Revised Code are outstanding, or the duration of the period during	140527
which the board owns a project as defined in section 307.695 of	140528
the Revised Code, whichever duration is longest.	140529

(D) For the purpose of providing contributions under division	140530
(B)(1) of section 307.671 of the Revised Code to enable the	140531
acquisition, construction, and equipping of a port authority	140532
educational and cultural facility in the county and, to the extent	140533
provided for in the cooperative agreement authorized by that	140534
section, for the purpose of paying debt service charges on bonds,	140535
or notes in anticipation of bonds, described in division (B)(1)(b)	140536
of that section, a board of county commissioners, by resolution	140537
adopted within ninety days after December 22, 1992, by a majority	140538
of the members of the board, may levy an additional excise tax not	140539
to exceed one and one-half per cent on transactions by which	140540
lodging by a hotel is or is to be furnished to transient guests.	140541
The excise tax authorized by this division shall be in addition to	140542
any tax that is levied pursuant to divisions (A), (B), and (C) of	140543
this section, to any excise tax levied pursuant to section 5739.08	140544
of the Revised Code, and to any excise tax levied pursuant to	140545
section 351.021 of the Revised Code. The board of county	140546
commissioners shall establish all regulations necessary to provide	140547
for the administration and allocation of the tax that are not	140548
inconsistent with this section or section 307.671 of the Revised	140549
Code. The regulations may prescribe the time for payment of the	140550
tax, and may provide for the imposition of a penalty or interest,	140551
or both, for late payments, provided that the penalty does not	140552
exceed ten per cent of the amount of tax due, and the rate at	140553
which interest accrues does not exceed the rate per annum	140554
prescribed pursuant to section 5703.47 of the Revised Code. All	140555
revenues arising from the tax shall be expended in accordance with	140556
section 307.671 of the Revised Code and division (D) of this	140557
section. The levy of a tax imposed under this division may not	140558
commence prior to the first day of the month next following the	140559
execution of the cooperative agreement authorized by section	140560
307.671 of the Revised Code by all parties to that agreement. The	140561
tax shall remain in effect at the rate at which it is imposed for	140562
the period of time described in division (C) of section 307.671 of	140563
the Revised Code for which the revenue from the tax has been	140564
pledged by the county to the corporation pursuant to that section,	140565
but, to any extent provided for in the cooperative agreement, for	140566
no lesser period than the period of time required for payment of	140567
the debt service charges on bonds, or notes in anticipation of	140568
bonds, described in division (B)(1)(b) of that section.	140569

(E) For the purpose of paying the costs of acquiring,	140570
constructing, equipping, and improving a municipal educational and	140571
cultural facility, including debt service charges on bonds	140572
provided for in division (B) of section 307.672 of the Revised	140573
Code, and for any additional purposes determined by the county in	140574
the resolution levying the tax or amendments to the resolution,	140575
including subsequent amendments providing for paying costs of	140576
acquiring, constructing, renovating, rehabilitating, equipping,	140577
and improving a port authority educational and cultural performing	140578
arts facility, as defined in section 307.674 of the Revised Code,	140579
and including debt service charges on bonds provided for in	140580
division (B) of section 307.674 of the Revised Code, the	140581
legislative authority of a county, by resolution adopted within	140582
ninety days after June 30, 1993, by a majority of the members of	140583
the legislative authority, may levy an additional excise tax not	140584
to exceed one and one-half per cent on transactions by which	140585
lodging by a hotel is or is to be furnished to transient guests.	140586
The excise tax authorized by this division shall be in addition to	140587
any tax that is levied pursuant to divisions (A), (B), (C), and	140588
(D) of this section, to any excise tax levied pursuant to section	140589
5739.08 of the Revised Code, and to any excise tax levied pursuant	140590
to section 351.021 of the Revised Code. The legislative authority	140591
of the county shall establish all regulations necessary to provide	140592
for the administration and allocation of the tax. The regulations	140593
may prescribe the time for payment of the tax, and may provide for	140594
the imposition of a penalty or interest, or both, for late	140595
payments, provided that the penalty does not exceed ten per cent	140596
of the amount of tax due, and the rate at which interest accrues	140597
does not exceed the rate per annum prescribed pursuant to section	140598
5703.47 of the Revised Code. All revenues arising from the tax	140599
shall be expended in accordance with section 307.672 of the	140600
Revised Code and this division. The levy of a tax imposed under	140601
this division shall not commence prior to the first day of the	140602
month next following the execution of the cooperative agreement	140603
authorized by section 307.672 of the Revised Code by all parties	140604
to that agreement. The tax shall remain in effect at the rate at	140605
which it is imposed for the period of time determined by the	140606
legislative authority of the county. That period of time shall not	140607
exceed fifteen years, except that the legislative authority of a	140608
county with a population of less than two hundred fifty thousand	140609
according to the most recent federal decennial census, by	140610
resolution adopted by a majority of its members before the	140611
original tax expires, may extend the duration of the tax for an	140612
additional period of time. The additional period of time by which	140613
a legislative authority extends a tax levied under this division	140614
shall not exceed fifteen years.	140615

(F) The legislative authority of a county that has levied a	140616
tax under division (E) of this section may, by resolution adopted	140617
within one hundred eighty days after January 4, 2001, by a	140618
majority of the members of the legislative authority, amend the	140619
resolution levying a tax under that division to provide for the	140620
use of the proceeds of that tax, to the extent that it is no	140621
longer needed for its original purpose as determined by the	140622
parties to a cooperative agreement amendment pursuant to division	140623
(D) of section 307.672 of the Revised Code, to pay costs of	140624
acquiring, constructing, renovating, rehabilitating, equipping,	140625
and improving a port authority educational and cultural performing	140626
arts facility, including debt service charges on bonds provided	140627
for in division (B) of section 307.674 of the Revised Code, and to	140628
pay all obligations under any guaranty agreements, reimbursement	140629
agreements, or other credit enhancement agreements described in	140630
division (C) of section 307.674 of the Revised Code. The	140631
resolution may also provide for the extension of the tax at the	140632
same rate for the longer of the period of time determined by the	140633
legislative authority of the county, but not to exceed an	140634
additional twenty-five years, or the period of time required to	140635
pay all debt service charges on bonds provided for in division (B)	140636
of section 307.672 of the Revised Code and on port authority	140637
revenue bonds provided for in division (B) of section 307.674 of	140638
the Revised Code. All revenues arising from the amendment and	140639
extension of the tax shall be expended in accordance with section	140640
307.674 of the Revised Code, this division, and division (E) of	140641
this section.	140642

(G) For purposes of a tax levied by a county, township, or	140643
municipal corporation under this section or section 5739.08 of the	140644
Revised Code, a board of county commissioners, board of township	140645
trustees, or the legislative authority of a municipal corporation	140646
may adopt a resolution or ordinance at any time specifying that	140647
"hotel," as otherwise defined in section 5739.01 of the Revised	140648
Code, includes the following:	140649

(1) Establishments in which fewer than five rooms are used	140650
for the accommodation of guests.	140651

(2) Establishments at which rooms are used for the	140652
accommodation of guests regardless of whether each room is	140653
accessible through its own keyed entry or several rooms are	140654
accessible through the same keyed entry; and, in determining the	140655
number of rooms, all rooms are included regardless of the number	140656
of structures in which the rooms are situated or the number of	140657
parcels of land on which the structures are located if the	140658
structures are under the same ownership and the structures are not	140659
identified in advertisements of the accommodations as distinct	140660
establishments. For the purposes of division (G)(2) of this	140661
section, two or more structures are under the same ownership if	140662
they are owned by the same person, or if they are owned by two or	140663
more persons the majority of the ownership interests of which are	140664
owned by the same person.	140665

The resolution or ordinance may apply to a tax imposed	140666
pursuant to this section prior to the adoption of the resolution	140667
or ordinance if the resolution or ordinance so states, but the tax	140668
shall not apply to transactions by which lodging by such an	140669
establishment is provided to transient guests prior to the	140670
adoption of the resolution or ordinance.	140671

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

140672

(a) "Convention facilities authority" has the same meaning as	140673
in section 351.01 of the Revised Code.	140674

(b) "Convention center" has the same meaning as in section	140675
307.695 of the Revised Code.	140676

(2) Notwithstanding any contrary provision of division (D) of	140677
this section, the legislative authority of a county with a	140678
population of one million or more according to the most recent	140679
federal decennial census that has levied a tax under division (D)	140680
of this section may, by resolution adopted by a majority of the	140681
members of the legislative authority, provide for the extension of	140682
such levy and may provide that the proceeds of that tax, to the	140683
extent that they are no longer needed for their original purpose	140684
as defined by a cooperative agreement entered into under section	140685
307.671 of the Revised Code, shall be deposited into the county	140686
general revenue fund. The resolution shall provide for the	140687
extension of the tax at a rate not to exceed the rate specified in	140688
division (D) of this section for a period of time determined by	140689
the legislative authority of the county, but not to exceed an	140690
additional forty years.	140691

(3) The legislative authority of a county with a population	140692
of one million or more that has levied a tax under division (A)(1)	140693
of this section may, by resolution adopted by a majority of the	140694
members of the legislative authority, increase the rate of the tax	140695
levied by such county under division (A)(1) of this section to a	140696
rate not to exceed five per cent on transactions by which lodging	140697
by a hotel is or is to be furnished to transient guests.	140698
Notwithstanding any contrary provision of division (A)(1) of this	140699
section, the resolution may provide that all collections resulting	140700
from the rate levied in excess of three per cent, after deducting	140701
the real and actual costs of administering the tax, shall be	140702
deposited in the county general fund.	140703

(4) The legislative authority of a county with a population	140704
of one million or more that has levied a tax under division (A)(1)	140705
of this section may, by resolution adopted on or before August 30,	140706
2004, by a majority of the members of the legislative authority,	140707
provide that all or a portion of the proceeds of the tax levied	140708
under division (A)(1) of this section, after deducting the real	140709
and actual costs of administering the tax and the amounts required	140710
to be returned to townships and municipal corporations with	140711
respect to the first three per cent levied under division (A)(1)	140712
of this section, shall be deposited in the county general fund,	140713
provided that such proceeds shall be used to satisfy any pledges	140714
made in connection with an agreement entered into under section	140715
307.695 of the Revised Code.	140716

(5) No amount collected from a tax levied, extended, or	140717
required to be deposited in the county general fund under division	140718
(H) of this section shall be contributed to a convention	140719
facilities authority, corporation, or other entity created after	140720
July 1, 2003, for the principal purpose of constructing,	140721
improving, expanding, equipping, financing, or operating a	140722
convention center unless the mayor of the municipal corporation in	140723
which the convention center is to be operated by that convention	140724
facilities authority, corporation, or other entity has consented	140725
to the creation of that convention facilities authority,	140726
corporation, or entity. Notwithstanding any contrary provision of	140727
section 351.04 of the Revised Code, if a tax is levied by a county	140728
under division (H) of this section, the board of county	140729
commissioners of that county may determine the manner of	140730
selection, the qualifications, the number, and terms of office of	140731
the members of the board of directors of any convention facilities	140732
authority, corporation, or other entity described in division	140733
(H)(5) of this section.	140734

(6)(a) No amount collected from a tax levied, extended, or	140735
required to be deposited in the county general fund under division	140736
(H) of this section may be used for any purpose other than paying	140737
the direct and indirect costs of constructing, improving,	140738
expanding, equipping, financing, or operating a convention center	140739
and for the real and actual costs of administering the tax,	140740
unless, prior to the adoption of the resolution of the legislative	140741
authority of the county authorizing the levy, extension, increase,	140742
or deposit, the county and the mayor of the most populous	140743
municipal corporation in that county have entered into an	140744
agreement as to the use of such amounts, provided that such	140745
agreement has been approved by a majority of the mayors of the	140746
other municipal corporations in that county. The agreement shall	140747
provide that the amounts to be used for purposes other than paying	140748
the convention center or administrative costs described in	140749
division (H)(6)(a) of this section be used only for the direct and	140750
indirect costs of capital improvements, including the financing of	140751
capital improvements.	140752

(b) If the county in which the tax is levied has an	140753
association of mayors and city managers, the approval of that	140754
association of an agreement described in division (H)(6)(a) of	140755
this section shall be considered to be the approval of the	140756
majority of the mayors of the other municipal corporations for	140757
purposes of that division.	140758

(7) Each year, the auditor of state shall conduct an audit of	140759
the uses of any amounts collected from taxes levied, extended, or	140760
deposited under division (H) of this section and shall prepare a	140761
report of the auditor of state's findings. The auditor of state	140762
shall submit the report to the legislative authority of the county	140763
that has levied, extended, or deposited the tax, the speaker of	140764
the house of representatives, the president of the senate, and the	140765
leaders of the minority parties of the house of representatives	140766
and the senate.	140767

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

140768

(a) "Convention facilities authority" has the same meaning as	140769
in section 351.01 of the Revised Code.	140770

(b) "Convention center" has the same meaning as in section	140771
307.695 of the Revised Code.	140772

(2) Notwithstanding any contrary provision of division (D) of	140773
this section, the legislative authority of a county with a	140774
population of one million two hundred thousand or more according	140775
to the most recent federal decennial census or the most recent	140776
annual population estimate published or released by the United	140777
States census bureau at the time the resolution is adopted placing	140778
the levy on the ballot, that has levied a tax under division (D)	140779
of this section may, by resolution adopted by a majority of the	140780
members of the legislative authority, provide for the extension of	140781
such levy and may provide that the proceeds of that tax, to the	140782
extent that the proceeds are no longer needed for their original	140783
purpose as defined by a cooperative agreement entered into under	140784
section 307.671 of the Revised Code and after deducting the real	140785
and actual costs of administering the tax, shall be used for	140786
paying the direct and indirect costs of constructing, improving,	140787
expanding, equipping, financing, or operating a convention center.	140788
The resolution shall provide for the extension of the tax at a	140789
rate not to exceed the rate specified in division (D) of this	140790
section for a period of time determined by the legislative	140791
authority of the county, but not to exceed an additional forty	140792
years.	140793

(3) The legislative authority of a county with a population	140794
of one million two hundred thousand or more that has levied a tax	140795
under division (A)(1) of this section may, by resolution adopted	140796
by a majority of the members of the legislative authority,	140797
increase the rate of the tax levied by such county under division	140798
(A)(1) of this section to a rate not to exceed five per cent on	140799
transactions by which lodging by a hotel is or is to be furnished	140800
to transient guests. Notwithstanding any contrary provision of	140801
division (A)(1) of this section, the resolution shall provide that	140802
all collections resulting from the rate levied in excess of three	140803
per cent, after deducting the real and actual costs of	140804
administering the tax, shall be used for paying the direct and	140805
indirect costs of constructing, improving, expanding, equipping,	140806
financing, or operating a convention center.	140807

(4) The legislative authority of a county with a population	140808
of one million two hundred thousand or more that has levied a tax	140809
under division (A)(1) of this section may, by resolution adopted	140810
on or before July 1, 2008, by a majority of the members of the	140811
legislative authority, provide that all or a portion of the	140812
proceeds of the tax levied under division (A)(1) of this section,	140813
after deducting the real and actual costs of administering the tax	140814
and the amounts required to be returned to townships and municipal	140815
corporations with respect to the first three per cent levied under	140816
division (A)(1) of this section, shall be used to satisfy any	140817
pledges made in connection with an agreement entered into under	140818
section 307.695 of the Revised Code or shall otherwise be used for	140819
paying the direct and indirect costs of constructing, improving,	140820
expanding, equipping, financing, or operating a convention center.	140821

(5) Any amount collected from a tax levied or extended under	140822
division (I) of this section may be contributed to a convention	140823
facilities authority created before July 1, 2005, but no amount	140824
collected from a tax levied or extended under division (I) of this	140825
section may be contributed to a convention facilities authority,	140826
corporation, or other entity created after July 1, 2005, unless	140827
the mayor of the municipal corporation in which the convention	140828
center is to be operated by that convention facilities authority,	140829
corporation, or other entity has consented to the creation of that	140830
convention facilities authority, corporation, or entity.	140831

(J) All money collected by a county and distributed under	140832
this section to a convention and visitors' bureau in existence as	140833
of the effective date of H.B. 59 of the 130th general assembly,	140834
except for any such money pledged, as of that effective date, to	140835
the payment of debt service charges on bonds, notes, securities,	140836
or lease agreements, shall be used solely for tourism sales,	140837
marketing and promotion, and their associated costs, including,	140838
but not limited to, operational and administrative costs of the	140839
bureau, sales and marketing, and maintenance of the physical	140840
bureau structure.	140841

Sec. 5739.10. (A) In addition to the tax levied by section	140842
5739.02 of the Revised Code and any tax levied pursuant to section	140843
5739.021, 5739.023, or 5739.026 of the Revised Code, and to secure	140844
the same objectives specified in those sections, there is hereby	140845
levied upon the privilege of engaging in the business of making	140846
retail sales, an excise tax equal to the tax levied by section	140847
5739.02 of the Revised Code, or, in the case of retail sales	140848
subject to a tax levied pursuant to section 5739.021, 5739.023, or	140849
5739.026 of the Revised Code, a percentage equal to the aggregate	140850
rate of such taxes and the tax levied by section 5739.02 of the	140851
Revised Code of the receipts derived from all retail sales, except	140852
those to which the excise tax imposed by section 5739.02 of the	140853
Revised Code is made inapplicable by division (B) of that section.	140854

(B) For the purpose of this section, no vendor shall be	140855
required to maintain records of sales of food for human	140856
consumption off the premises where sold, and no assessment shall	140857
be made against any vendor for sales of food for human consumption	140858
off the premises where sold, solely because the vendor has no	140859
records of, or has inadequate records of, such sales; provided	140860
that where a vendor does not have adequate records of receipts	140861
from the vendor's sales of food for human consumption on the	140862
premises where sold, the tax commissioner may refuse to accept the	140863
vendor's return and, upon the basis of test checks of the vendor's	140864
business for a representative period, and other information	140865
relating to the sales made by such vendor, determine the	140866
proportion that taxable retail sales bear to all of the vendor's	140867
retail sales. The tax imposed by this section shall be determined	140868
by deducting from the sum representing five and ~~one-half or six~~	140869
three-fourths per cent, as applicable under division (A) of this	140870
section, or, in the case of retail sales subject to a tax levied	140871
pursuant to section 5739.021, 5739.023, or 5739.026 of the Revised	140872
Code, a percentage equal to the aggregate rate of such taxes and	140873
the tax levied by section 5739.02 of the Revised Code of the	140874
receipts from such retail sales, the amount of tax paid to the	140875
state or to a clerk of a court of common pleas. The section does	140876
not affect any duty of the vendor under sections 5739.01 to	140877
5739.19 and 5739.26 to 5739.31 of the Revised Code, nor the	140878
liability of any consumer to pay any tax imposed by or pursuant to	140879
section 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised	140880
Code.	140881

Sec. 5739.13. (A) If any vendor collects the tax imposed by	140882
or pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	140883
the Revised Code, and fails to remit the tax to the state as	140884
prescribed, or on the sale of a motor vehicle, watercraft, or	140885
outboard motor required to be titled, fails to remit payment to a	140886
clerk of a court of common pleas as provided in section 1548.06 or	140887
4505.06 of the Revised Code, the vendor shall be personally liable	140888
for any tax collected and not remitted. The tax commissioner may	140889
make an assessment against such vendor based upon any information	140890
in the commissioner's possession.	140891

If any vendor fails to collect the tax or any consumer fails	140892
to pay the tax imposed by or pursuant to section 5739.02,	140893
5739.021, 5739.023, or 5739.026 of the Revised Code, on any	140894
transaction subject to the tax, the vendor or consumer shall be	140895
personally liable for the amount of the tax applicable to the	140896
transaction. The commissioner may make an assessment against	140897
either the vendor or consumer, as the facts may require, based	140898
upon any information in the commissioner's possession.	140899

An assessment against a vendor when the tax imposed by or	140900
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	140901
the Revised Code has not been collected or paid, shall not	140902
discharge the purchaser's or consumer's liability to reimburse the	140903
vendor for the tax applicable to such transaction.	140904

An assessment issued against either, pursuant to this	140905
section, shall not be considered an election of remedies, nor a	140906
bar to an assessment against the other for the tax applicable to	140907
the same transaction, provided that no assessment shall be issued	140908
against any person for the tax due on a particular transaction if	140909
the tax on that transaction actually has been paid by another.	140910

The commissioner may make an assessment against any vendor	140911
who fails to file a return or remit the proper amount of tax	140912
required by this chapter, or against any consumer who fails to pay	140913
the proper amount of tax required by this chapter. When	140914
information in the possession of the commissioner indicates that	140915
the amount required to be collected or paid under this chapter is	140916
greater than the amount remitted by the vendor or paid by the	140917
consumer, the commissioner may audit a sample of the vendor's	140918
sales or the consumer's purchases for a representative period, to	140919
ascertain the per cent of exempt or taxable transactions or the	140920
effective tax rate and may issue an assessment based on the audit.	140921
The commissioner shall make a good faith effort to reach agreement	140922
with the vendor or consumer in selecting a representative sample.	140923

The commissioner may make an assessment, based on any	140924
information in ~~his~~the commissioner's possession, against any	140925
person who fails to file a return or remit the proper amount of	140926
tax required by section 5739.102 of the Revised Code.	140927

The commissioner may issue an assessment on any transaction	140928
for which any tax imposed under this chapter or Chapter 5741. of	140929
the Revised Code was due and unpaid on the date the vendor or	140930
consumer was informed by an agent of the tax commissioner of an	140931
investigation or audit. If the vendor or consumer remits any	140932
payment of the tax for the period covered by the assessment after	140933
the vendor or consumer was informed of the investigation or audit,	140934
the payment shall be credited against the amount of the	140935
assessment.	140936

The commissioner shall give the party assessed written notice	140937
of the assessment in the manner provided in section 5703.37 of the	140938
Revised Code. With the notice, the commissioner shall provide	140939
instructions on how to petition for reassessment and request a	140940
hearing on the petition.	140941

(B) Unless the party assessed files with the commissioner	140942
within sixty days after service of the notice of assessment,	140943
either personally or by certified mail, a written petition for	140944
reassessment, signed by the party assessed or that party's	140945
authorized agent having knowledge of the facts, the assessment	140946
becomes final and the amount of the assessment is due from the	140947
party assessed and payable to the treasurer of state and remitted	140948
to the tax commissioner. The petition shall indicate the	140949
objections of the party assessed, but additional objections may be	140950
raised in writing if received by the commissioner prior to the	140951
date shown on the final determination. If the petition has been	140952
properly filed, the commissioner shall proceed under section	140953
5703.60 of the Revised Code.	140954

(C) After an assessment becomes final, if any portion of the	140955
assessment remains unpaid, including accrued interest, a certified	140956
copy of the commissioner's entry making the assessment final may	140957
be filed in the office of the clerk of the court of common pleas	140958
in the county in which the place of business of the party assessed	140959
is located or the county in which the party assessed resides. If	140960
the party assessed maintains no place of business in this state	140961
and is not a resident of this state, the certified copy of the	140962
entry may be filed in the office of the clerk of the court of	140963
common pleas of Franklin county.	140964

Immediately upon the filing of the entry, the clerk shall	140965
enter a judgment for the state against the party assessed in the	140966
amount shown on the entry. The judgment may be filed by the clerk	140967
in a loose-leaf book entitled "special judgments for state,	140968
county, and transit authority retail sales tax" or, if	140969
appropriate, "special judgments for resort area excise tax," and	140970
shall have the same effect as other judgments. Execution shall	140971
issue upon the judgment upon the request of the tax commissioner,	140972
and all laws applicable to sales on execution shall apply to sales	140973
made under the judgment except as otherwise provided in this	140974
chapter.	140975

~~The portion of~~If the assessment is not paid in its entirety	140976
within sixty days after the date the assessment was issued, the	140977
portion of the assessment consisting of tax due shall bear	140978
interest at the rate per annum prescribed by section 5703.47 of	140979
the Revised Code from the day the tax commissioner issues the	140980
assessment until the assessment is paid or until it is certified	140981
to the attorney general for collection under section 131.02 of the	140982
Revised Code, whichever comes first. If the unpaid portion of the	140983
assessment is certified to the attorney general for collection,	140984
the entire unpaid portion of the assessment shall bear interest at	140985
the rate per annum prescribed by section 5703.47 of the Revised	140986
Code from the date of certification until the date it is paid in	140987
its entirety. Interest shall be paid in the same manner as the tax	140988
and may be collected by issuing an assessment under this section.	140989

(D) All money collected by the tax commissioner under this	140990
section shall be paid to the treasurer of state, and when paid	140991
shall be considered as revenue arising from the taxes imposed by	140992
or pursuant to sections 5739.01 to 5739.31 of the Revised Code.	140993

Sec. 5739.212. (A) As used in this section, "cash register"	140994
means a cash register used by the vendor or seller to compute the	140995
correct tax on the date the new tax or tax increase took effect	140996
and that could not have been used to compute the correct tax on	140997
that date had adjustments or modifications not been made to it.	140998

(B) Within six months of the date that a tax imposed under	140999
section 5739.021, 5739.023, 5739.026, 5741.021, ~~5747.022~~5741.022,	141000
or 5741.023 of the Revised Code takes effect for the first time or	141001
the effective date of an increase in the rate of such a tax, a	141002
vendor or seller required to collect the tax may apply to the	141003
county auditor for a refund of a portion of the amount of tax	141004
required to be remitted. The refund shall be in consideration of	141005
the costs incurred by or charges to the vendor or the seller for	141006
modifications or adjustments that were required to be made to	141007
enable the correct tax to be computed at the vendor or seller's	141008
cash registers. The total refund paid to a vendor or a seller	141009
under this section with respect to modifications or adjustments	141010
for a new tax or an increase in the rate of an existing tax shall	141011
be determined as follows:	141012

(1) If the vendor or seller has one place of business and one	141013
cash register at that place of business, the refund shall equal	141014
the lesser of one hundred dollars or the actual cost incurred by	141015
the vendor or seller in making the modifications or adjustments.	141016

(2) If the vendor or seller has one place of business and	141017
more than one cash register at that place of business, the refund	141018
shall equal the lesser of fifty dollars times the number of cash	141019
registers or the actual cost incurred by the vendor or seller in	141020
making the modifications or adjustments.	141021

If the vendor or seller has more than one place of business,	141022
each place of business shall be considered separately for purposes	141023
of determining the refund to which the vendor or seller is	141024
entitled under this section.	141025

(C) The refund application shall be in the form and include	141026
the information the tax commissioner prescribes by rule. Within	141027
nine months of the filing of the application, the auditor shall	141028
determine the cost incurred by the vendor or seller that will be	141029
allowed as a refund and shall certify the amount of the refund to	141030
the applicant. The refund shall be treated as an erroneous	141031
payment, and shall be refunded from the county general fund or the	141032
appropriate fund of the authority imposing the tax, except that in	141033
the case of a refund required to be remitted from a transit	141034
authority tax, the auditor shall certify the amount of the refund	141035
to the transit authority for payment of the refund by the transit	141036
authority to the applicant.	141037

Sec. 5741.01. As used in this chapter:

141038

(A) "Person" includes individuals, receivers, assignees,	141039
trustees in bankruptcy, estates, firms, partnerships,	141040
associations, joint-stock companies, joint ventures, clubs,	141041
societies, corporations, business trusts, governments, and	141042
combinations of individuals of any form.	141043

(B) "Storage" means and includes any keeping or retention in	141044
this state for use or other consumption in this state.	141045

(C) "Use" means and includes the exercise of any right or	141046
power incidental to the ownership of the thing used. A thing is	141047
also "used" in this state if its consumer gives or otherwise	141048
distributes it, without charge, to recipients in this state.	141049

(D) "Purchase" means acquired or received for a	141050
consideration, whether such acquisition or receipt was effected by	141051
a transfer of title, or of possession, or of both, or a license to	141052
use or consume; whether such transfer was absolute or conditional,	141053
and by whatever means the transfer was effected; and whether the	141054
consideration was money, credit, barter, or exchange. Purchase	141055
includes production, even though the article produced was used,	141056
stored, or consumed by the producer. The transfer of copyrighted	141057
motion picture films for exhibition purposes is not a purchase,	141058
except such films as are used solely for advertising purposes.	141059

(E) "Seller" means the person from whom a purchase is made,	141060
and includes every person engaged in this state or elsewhere in	141061
the business of selling tangible personal property or providing a	141062
service for storage, use, or other consumption or benefit in this	141063
state; and when, in the opinion of the tax commissioner, it is	141064
necessary for the efficient administration of this chapter, to	141065
regard any ~~salesman~~salesperson, representative, peddler, or	141066
canvasser as the agent of a dealer, distributor, supervisor, or	141067
employer under whom the person operates, or from whom the person	141068
obtains tangible personal property, sold by the person for	141069
storage, use, or other consumption in this state, irrespective of	141070
whether or not the person is making such sales on the person's own	141071
behalf, or on behalf of such dealer, distributor, supervisor, or	141072
employer, the commissioner may regard the person as such agent,	141073
and may regard such dealer, distributor, supervisor, or employer	141074
as the seller. "Seller" does not include any person to the extent	141075
the person provides a communications medium, such as, but not	141076
limited to, newspapers, magazines, radio, television, or cable	141077
television, by means of which sellers solicit purchases of their	141078
goods or services.	141079

(F) "Consumer" means any person who has purchased tangible	141080
personal property or has been provided a service for storage, use,	141081
or other consumption or benefit in this state. "Consumer" does not	141082
include a person who receives, without charge, tangible personal	141083
property or a service.	141084

A person who performs a facility management or similar	141085
service contract for a contractee is a consumer of all tangible	141086
personal property and services purchased for use in connection	141087
with the performance of such contract, regardless of whether title	141088
to any such property vests in the contractee. The purchase of such	141089
property and services is not subject to the exception for resale	141090
under division (E) of section 5739.01 of the Revised Code.	141091

(G)(1) "Price," except as provided in divisions (G)(2) to (6)	141092
of this section, has the same meaning as in division (H)(1) of	141093
section 5739.01 of the Revised Code.	141094

(2) In the case of watercraft, outboard motors, or new motor	141095
vehicles, "price" has the same meaning as in divisions (H)(2) and	141096
(3) of section 5739.01 of the Revised Code.	141097

(3) In the case of a nonresident business consumer that	141098
purchases and uses tangible personal property outside this state	141099
and subsequently temporarily stores, uses, or otherwise consumes	141100
such tangible personal property in the conduct of business in this	141101
state, the consumer or the tax commissioner may determine the	141102
price based on the value of the temporary storage, use, or other	141103
consumption, in lieu of determining the price pursuant to division	141104
(G)(1) of this section. A price determination made by the consumer	141105
is subject to review and redetermination by the commissioner.	141106

(4) In the case of tangible personal property held in this	141107
state as inventory for sale or lease, and that is temporarily	141108
stored, used, or otherwise consumed in a taxable manner, the price	141109
is the value of the temporary use. A price determination made by	141110
the consumer is subject to review and redetermination by the	141111
commissioner.	141112

(5) In the case of tangible personal property originally	141113
purchased and used by the consumer outside this state, and that	141114
becomes permanently stored, used, or otherwise consumed in this	141115
state more than six months after its acquisition by the consumer,	141116
the consumer or the commissioner may determine the price based on	141117
the current value of such tangible personal property, in lieu of	141118
determining the price pursuant to division (G)(1) of this section.	141119
A price determination made by the consumer is subject to review	141120
and redetermination by the commissioner.	141121

(6) If a consumer produces tangible personal property for	141122
sale and removes that property from inventory for the consumer's	141123
own use, the price is the produced cost of that tangible personal	141124
property.	141125

(H) "Nexus with this state" means that the seller engages in	141126
continuous and widespread solicitation of purchases from residents	141127
of this state or otherwise purposefully directs its business	141128
activities at residents of this state.	141129

(I)(1) "Substantial nexus with this state" means that the	141130
seller has sufficient contact with this state, in accordance with	141131
Section 8 of Article I of the Constitution of the United States,	141132
to allow the state to require the seller to collect and remit use	141133
tax on sales of tangible personal property or services made to	141134
consumers in this state. ~~"Substantial~~	141135

(2) "Substantial nexus with this state" ~~exists~~is presumed to	141136
exist when the seller does any of the following:	141137

~~(1) Maintains a~~(a) Uses an office, distribution facility,	141138
warehouse, storage facility, or similar place of business within	141139
this state, whether operated by ~~employees or agents of~~ the seller,	141140
~~by a member of an affiliated group, as defined in division~~	141141
~~(B)(3)(e) of section 5739.01 of the Revised Code, of which the~~	141142
~~seller is a member, or by a franchisee using a trade name of the~~	141143
~~seller;~~or any other person, other than a common carrier acting in	141144
its capacity as a common carrier.	141145

~~(2)~~(b) Regularly ~~has~~uses employees, agents, representatives,	141146
solicitors, installers, ~~repairmen~~repairers, ~~salesmen~~	141147
salespersons, or other ~~individuals~~persons in this state (i) for	141148
the purpose of conducting the business of the seller;, or that	141149
(ii) engage in a business with the same or a similar industry	141150
classification as the seller selling a similar product or line of	141151
products as the seller, or (iii) use trademarks, service marks, or	141152
trade names in this state that are the same or substantially	141153
similar to those used by the seller.	141154

~~(3)~~(c) Uses aany person, other than a common carrier acting	141155
in its capacity as a common carrier, in this state for any of the	141156
~~purpose of receiving~~following purposes:	141157

(i) Receiving or processing orders of the seller's goods or	141158
services;	141159

(ii) Using that person's employees or facilities in this	141160
state to advertise, promote, or facilitate sales by the seller to	141161
customers;	141162

(iii) Delivering, installing, assembling, or performing	141163
maintenance services for the seller's customers;	141164

(iv) Facilitating the seller's delivery of tangible personal	141165
property to customers in this state by allowing the seller's	141166
customers to pick up property sold by the seller at an office,	141167
distribution facility, warehouse, storage facility, or similar	141168
place of business.	141169

~~(4)~~(d) Makes regular deliveries of tangible personal property	141170
into this state by means other than common carrier;.	141171

~~(5)~~(e) Has ~~membership in~~ an affiliated ~~group, as described in~~	141172
~~division (B)(3)(e) of section 5739.01 of the Revised Code, at~~	141173
~~least one other member of which~~person that has substantial nexus	141174
with this state;	141175

~~(6)~~(f) Owns tangible personal property that is rented or	141176
leased to a consumer in this state, or offers tangible personal	141177
property, on approval, to consumers in this state;	141178

~~(7) Except as provided in section 5703.65 of the Revised~~	141179
~~Code, is registered with the secretary of state to do business in~~	141180
~~this state or is registered or licensed by any state agency,~~	141181
~~board, or commission to transact business in this state or to make~~	141182
~~sales to persons in this state;~~	141183

~~(8) Has any other contact with this state that would allow~~	141184
~~this state to require the seller to collect and remit use tax~~	141185
~~under Section 8 of Article I of the Constitution of the United~~	141186
~~States~~(g) Enters into an agreement with one or more residents of	141187
this state under which the resident, for a commission or other	141188
consideration, directly or indirectly refers potential customers	141189
to the seller, whether by a link on a web site, an in-person oral	141190
presentation, telemarketing, or otherwise, provided the cumulative	141191
gross receipts from sales to consumers referred to the seller by	141192
all such residents exceeded ten thousand dollars during the	141193
preceding twelve months.	141194

(3) A seller presumed to have substantial nexus with this	141195
state under divisions (I)(2)(a) to (f) of this section may rebut	141196
that presumption by demonstrating that activities described in any	141197
of those divisions that are conducted by a person in this state on	141198
the seller's behalf are not significantly associated with the	141199
seller's ability to establish or maintain a market in this state	141200
for the seller's sales.	141201

(4) A seller presumed to have substantial nexus with this	141202
state under division (I)(2)(g) of this section may rebut that	141203
presumption by submitting proof that each resident engaged by the	141204
seller as described in that division did not engage in any	141205
activity within this state during the preceding twelve months that	141206
was significantly associated with the seller's ability to	141207
establish or maintain the seller's market in this state during the	141208
preceding twelve months. Such proof may consist of sworn written	141209
statements from all the residents with whom the seller has an	141210
agreement stating that the resident did not engage in any	141211
solicitation in this state on behalf of the seller during the	141212
preceding twelve months if such statements are provided and	141213
obtained in good faith.	141214

(5) A seller that does not have substantial nexus with this	141215
state, and any affiliated person of the seller, before selling or	141216
leasing tangible personal property or services to a state agency,	141217
shall register with the tax commissioner in the same manner as a	141218
seller described in division (A)(1) of section 5741.17 of the	141219
Revised Code.	141220

(6) As used in division (I) of this section:

141221

(a) "Affiliated person" means any person that is a member of	141222
the same controlled group of corporations as the seller or any	141223
other person that, notwithstanding the form of organization, bears	141224
the same ownership relationship to the seller as a corporation	141225
that is a member of the same controlled group of corporations.	141226

(b) "Controlled group of corporations" has the same meaning	141227
as in section 1563(a) of the Internal Revenue Code.	141228

(c) "State agency" has the same meaning as in section 1.60 of	141229
the Revised Code.	141230

(J) "Fiscal officer" means, with respect to a regional	141231
transit authority, the secretary-treasurer thereof, and with	141232
respect to a county which is a transit authority, the fiscal	141233
officer of the county transit board appointed pursuant to section	141234
306.03 of the Revised Code or, if the board of county	141235
commissioners operates the county transit system, the county	141236
auditor.	141237

(K) "Territory of the transit authority" means all of the	141238
area included within the territorial boundaries of a transit	141239
authority as they from time to time exist. Such territorial	141240
boundaries must at all times include all the area of a single	141241
county or all the area of the most populous county which is a part	141242
of such transit authority. County population shall be measured by	141243
the most recent census taken by the United States census bureau.	141244

(L) "Transit authority" means a regional transit authority	141245
created pursuant to section 306.31 of the Revised Code or a county	141246
in which a county transit system is created pursuant to section	141247
306.01 of the Revised Code. For the purposes of this chapter, a	141248
transit authority must extend to at least the entire area of a	141249
single county. A transit authority which includes territory in	141250
more than one county must include all the area of the most	141251
populous county which is a part of such transit authority. County	141252
population shall be measured by the most recent census taken by	141253
the United States census bureau.	141254

(M) "Providing a service" has the same meaning as in ~~division~~	141255
~~(X) of~~ section 5739.01 of the Revised Code.	141256

(N) "Other consumption" includes receiving the benefits of a	141257
service.	141258

(O) "Lease" or "rental" has the same meaning as in ~~division~~	141259
~~(UU) of~~ section 5739.01 of the Revised Code.	141260

(P) "Certified service provider" has the same meaning as in	141261
section 5740.01 of the Revised Code.	141262

(Q) "Remote sale" means a sale for which the seller could not	141263
be legally required to pay, collect, or remit a tax imposed under	141264
this chapter or Chapter 5739. of the Revised Code, unless	141265
otherwise provided by the laws of the United States.	141266

(R) "Remote seller" means a seller that makes remote sales to	141267
one or more consumers.	141268

(S) "Remote small seller" means a remote seller that has	141269
gross annual receipts from remote sales in the United States not	141270
exceeding one million dollars for the preceding calendar year. For	141271
the purposes of determining whether a person is a small remote	141272
seller, the sales of all persons related within the meaning of	141273
subsection (b) or (c) of section 267 or section 707(b)(1) of the	141274
Internal Revenue Code shall be aggregated, and persons with one or	141275
more ownership relationships shall be aggregated if those	141276
relationships were designed with the principal purpose to qualify	141277
as a remote small seller.	141278

Sec. 5741.02. (A)(1) For the use of the general revenue fund	141279
of the state, an excise tax is hereby levied on the storage, use,	141280
or other consumption in this state of tangible personal property	141281
or the benefit realized in this state of any service provided. The	141282
tax shall be collected as provided in section 5739.025 of the	141283
Revised Code~~, provided that on and after July 1, 2003, and on or~~	141284
~~before June 30, 2005, the rate of the tax shall be six per cent.~~	141285
~~On and after July 1, 2005, the~~. The rate of the tax shall be five	141286
and ~~one-half~~three-fourths per cent.	141287

(2) In the case of the lease or rental, with a fixed term of	141288
more than thirty days or an indefinite term with a minimum period	141289
of more than thirty days, of any motor vehicles designed by the	141290
manufacturer to carry a load of not more than one ton, watercraft,	141291
outboard motor, or aircraft, or of any tangible personal property,	141292
other than motor vehicles designed by the manufacturer to carry a	141293
load of more than one ton, to be used by the lessee or renter	141294
primarily for business purposes, the tax shall be collected by the	141295
seller at the time the lease or rental is consummated and shall be	141296
calculated by the seller on the basis of the total amount to be	141297
paid by the lessee or renter under the lease or rental agreement.	141298
If the total amount of the consideration for the lease or rental	141299
includes amounts that are not calculated at the time the lease or	141300
rental is executed, the tax shall be calculated and collected by	141301
the seller at the time such amounts are billed to the lessee or	141302
renter. In the case of an open-end lease or rental, the tax shall	141303
be calculated by the seller on the basis of the total amount to be	141304
paid during the initial fixed term of the lease or rental, and for	141305
each subsequent renewal period as it comes due. As used in this	141306
division, "motor vehicle" has the same meaning as in section	141307
4501.01 of the Revised Code, and "watercraft" includes an outdrive	141308
unit attached to the watercraft.	141309

(3) Except as provided in division (A)(2) of this section, in	141310
the case of a transaction, the price of which consists in whole or	141311
part of the lease or rental of tangible personal property, the tax	141312
shall be measured by the installments of those leases or rentals.	141313

(B) Each consumer, storing, using, or otherwise consuming in	141314
this state tangible personal property or realizing in this state	141315
the benefit of any service provided, shall be liable for the tax,	141316
and such liability shall not be extinguished until the tax has	141317
been paid to this state; provided, that the consumer shall be	141318
relieved from further liability for the tax if the tax has been	141319
paid to a seller in accordance with section 5741.04 of the Revised	141320
Code or prepaid by the seller in accordance with section 5741.06	141321
of the Revised Code.	141322

(C) The tax does not apply to the storage, use, or	141323
consumption in this state of the following described tangible	141324
personal property or services, nor to the storage, use, or	141325
consumption or benefit in this state of tangible personal property	141326
or services purchased under the following described circumstances:	141327

(1) When the sale of property or service in this state is	141328
subject to the excise tax imposed by sections 5739.01 to 5739.31	141329
of the Revised Code, provided said tax has been paid;	141330

(2) Except as provided in division (D) of this section,	141331
tangible personal property or services, the acquisition of which,	141332
if made in Ohio, would be a sale not subject to the tax imposed by	141333
sections 5739.01 to 5739.31 of the Revised Code;	141334

(3) Property or services, the storage, use, or other	141335
consumption of or benefit from which this state is prohibited from	141336
taxing by the Constitution of the United States, laws of the	141337
United States, or the Constitution of this state. This exemption	141338
shall not exempt from the application of the tax imposed by this	141339
section the storage, use, or consumption of tangible personal	141340
property that was purchased in interstate commerce, but that has	141341
come to rest in this state, provided that fuel to be used or	141342
transported in carrying on interstate commerce that is stopped	141343
within this state pending transfer from one conveyance to another	141344
is exempt from the excise tax imposed by this section and section	141345
5739.02 of the Revised Code;	141346

(4) Transient use of tangible personal property in this state	141347
by a nonresident tourist or vacationer, or a nonbusiness use	141348
within this state by a nonresident of this state, if the property	141349
so used was purchased outside this state for use outside this	141350
state and is not required to be registered or licensed under the	141351
laws of this state;	141352

(5) Tangible personal property or services rendered, upon	141353
which taxes have been paid to another jurisdiction to the extent	141354
of the amount of the tax paid to such other jurisdiction. Where	141355
the amount of the tax imposed by this section and imposed pursuant	141356
to section 5741.021, 5741.022, or 5741.023 of the Revised Code	141357
exceeds the amount paid to another jurisdiction, the difference	141358
shall be allocated between the tax imposed by this section and any	141359
tax imposed by a county or a transit authority pursuant to section	141360
5741.021, 5741.022, or 5741.023 of the Revised Code, in proportion	141361
to the respective rates of such taxes.	141362

As used in this subdivision, "taxes paid to another	141363
jurisdiction" means the total amount of retail sales or use tax or	141364
similar tax based upon the sale, purchase, or use of tangible	141365
personal property or services rendered legally, levied by and paid	141366
to another state or political subdivision thereof, or to the	141367
District of Columbia, where the payment of such tax does not	141368
entitle the taxpayer to any refund or credit for such payment.	141369

(6) The transfer of a used manufactured home or used mobile	141370
home, as defined by section 5739.0210 of the Revised Code, made on	141371
or after January 1, 2000;	141372

(7) Drugs that are or are intended to be distributed free of	141373
charge to a practitioner licensed to prescribe, dispense, and	141374
administer drugs to a human being in the course of a professional	141375
practice and that by law may be dispensed only by or upon the	141376
order of such a practitioner.	141377

(8) Computer equipment and related software leased from a	141378
lessor located outside this state and initially received in this	141379
state on behalf of the consumer by a third party that will retain	141380
possession of such property for not more than ninety days and that	141381
will, within that ninety-day period, deliver such property to the	141382
consumer at a location outside this state. Division (C)(8) of this	141383
section does not provide exemption from taxation for any otherwise	141384
taxable charges associated with such property while it is in this	141385
state or for any subsequent storage, use, or consumption of such	141386
property in this state by or on behalf of the consumer.	141387

(9) Tangible personal property held for sale by a person but	141388
not for that person's own use and donated by that person, without	141389
charge or other compensation, to either of the following:	141390

(a) A nonprofit organization operated exclusively for	141391
charitable purposes in this state, no part of the net income of	141392
which inures to the benefit of any private shareholder or	141393
individual and no substantial part of the activities of which	141394
consists of carrying on propaganda or otherwise attempting to	141395
influence legislation; or	141396

(b) This state or any political subdivision of this state,	141397
but only if donated for exclusively public purposes.	141398

For the purposes of division (C)(10) of this section,	141399
"charitable purposes" has the same meaning as in division (B)(12)	141400
of section 5739.02 of the Revised Code.	141401

(D) The tax applies to the storage, use, or other consumption	141402
in this state of tangible personal property or services, the	141403
acquisition of which at the time of sale was excepted under	141404
division (E) of section 5739.01 of the Revised Code from the tax	141405
imposed by section 5739.02 of the Revised Code, but which has	141406
subsequently been temporarily or permanently stored, used, or	141407
otherwise consumed in a taxable manner.	141408

(E)(1)(a) If any transaction is claimed to be exempt under	141409
division (E) of section 5739.01 of the Revised Code or under	141410
section 5739.02 of the Revised Code, with the exception of	141411
divisions (B)(1) to (11) or (28) of section 5739.02 of the Revised	141412
Code, the consumer shall provide to the seller, and the seller	141413
shall obtain from the consumer, a certificate specifying the	141414
reason that the transaction is not subject to the tax. The	141415
certificate shall be in such form, and shall be provided either in	141416
a hard copy form or electronic form, as the tax commissioner	141417
prescribes.	141418

(b) A seller that obtains a fully completed exemption	141419
certificate from a consumer is relieved of liability for	141420
collecting and remitting tax on any sale covered by that	141421
certificate. If it is determined the exemption was improperly	141422
claimed, the consumer shall be liable for any tax due on that sale	141423
under this chapter. Relief under this division from liability does	141424
not apply to any of the following:	141425

(i) A seller that fraudulently fails to collect tax;

141426

(ii) A seller that solicits consumers to participate in the	141427
unlawful claim of an exemption;	141428

(iii) A seller that accepts an exemption certificate from a	141429
consumer that claims an exemption based on who purchases or who	141430
sells property or a service, when the subject of the transaction	141431
sought to be covered by the exemption certificate is actually	141432
received by the consumer at a location operated by the seller in	141433
this state, and this state has posted to its web site an exemption	141434
certificate form that clearly and affirmatively indicates that the	141435
claimed exemption is not available in this state;	141436

(iv) A seller that accepts an exemption certificate from a	141437
consumer who claims a multiple points of use exemption under	141438
division (D) of section 5739.033 of the Revised Code, if the item	141439
purchased is tangible personal property, other than prewritten	141440
computer software.	141441

(2) The seller shall maintain records, including exemption	141442
certificates, of all sales on which a consumer has claimed an	141443
exemption, and provide them to the tax commissioner on request.	141444

(3) If no certificate is provided or obtained within ninety	141445
days after the date on which the transaction is consummated, it	141446
shall be presumed that the tax applies. Failure to have so	141447
provided or obtained a certificate shall not preclude a seller,	141448
within one hundred twenty days after the tax commissioner gives	141449
written notice of intent to levy an assessment, from either	141450
establishing that the transaction is not subject to the tax, or	141451
obtaining, in good faith, a fully completed exemption certificate.	141452

(4) If a transaction is claimed to be exempt under division	141453
(B)(13) of section 5739.02 of the Revised Code, the contractor	141454
shall obtain certification of the claimed exemption from the	141455
contractee. This certification shall be in addition to an	141456
exemption certificate provided by the contractor to the seller. A	141457
contractee that provides a certification under this division shall	141458
be deemed to be the consumer of all items purchased by the	141459
contractor under the claim of exemption, if it is subsequently	141460
determined that the exemption is not properly claimed. The	141461
certification shall be in such form as the tax commissioner	141462
prescribes.	141463

(F) A seller who files a petition for reassessment contesting	141464
the assessment of tax on transactions for which the seller	141465
obtained no valid exemption certificates, and for which the seller	141466
failed to establish that the transactions were not subject to the	141467
tax during the one-hundred-twenty-day period allowed under	141468
division (E) of this section, may present to the tax commissioner	141469
additional evidence to prove that the transactions were exempt.	141470
The seller shall file such evidence within ninety days of the	141471
receipt by the seller of the notice of assessment, except that,	141472
upon application and for reasonable cause, the tax commissioner	141473
may extend the period for submitting such evidence thirty days.	141474

(G) For the purpose of the proper administration of sections	141475
5741.01 to 5741.22 of the Revised Code, and to prevent the evasion	141476
of the tax hereby levied, it shall be presumed that any use,	141477
storage, or other consumption of tangible personal property in	141478
this state is subject to the tax until the contrary is	141479
established.	141480

(H) The tax collected by the seller from the consumer under	141481
this chapter is not part of the price, but is a tax collection for	141482
the benefit of the state, and of counties levying an additional	141483
use tax pursuant to section 5741.021 or 5741.023 of the Revised	141484
Code and of transit authorities levying an additional use tax	141485
pursuant to section 5741.022 of the Revised Code. Except for the	141486
discount authorized under section 5741.12 of the Revised Code and	141487
the effects of any rounding pursuant to section 5703.055 of the	141488
Revised Code, no person other than the state or such a county or	141489
transit authority shall derive any benefit from the collection of	141490
such tax.	141491

Sec. 5741.03. (A) One hundred per cent of all money	141492
deposited into the state treasury under sections 5741.01 to	141493
5741.22 of the Revised Code that is not required to be distributed	141494
as provided in division (B) of this section shall be credited to	141495
the general revenue fund.	141496

(B) In any case where any county or transit authority has	141497
levied a tax or taxes pursuant to section 5741.021, 5741.022, or	141498
5741.023 of the Revised Code, the tax commissioner shall, within	141499
forty-five days after the end of each month, determine and certify	141500
to the director of budget and management the amount of the	141501
proceeds of such tax or taxes from billings and assessments	141502
received during that month, or shown on tax returns or reports	141503
filed during that month, to be returned to the county or transit	141504
authority levying the tax or taxes, which amounts shall be	141505
determined in the manner provided in section 5739.21 of the	141506
Revised Code. The director of budget and management shall	141507
transfer, from the general revenue fund, to the permissive tax	141508
distribution fund created by division (B)(1) of section 4301.423	141509
of the Revised Code and to the local sales tax administrative fund	141510
created by division (C) of section 5739.21 of the Revised Code,	141511
the amounts certified by the tax commissioner. The tax	141512
commissioner shall then, on or before the twentieth day of the	141513
month in which such certification is made, provide for payment of	141514
such respective amounts to the county treasurer or to the fiscal	141515
officer of the transit authority levying the tax or taxes. The	141516
amount transferred to the local sales tax administrative fund is	141517
for use by the tax commissioner in defraying costs the	141518
commissioner incurs in administering such taxes levied by a county	141519
or transit authority.	141520

(C) Not later than the first day of January and of July each	141521
calendar year, the tax commissioner and the director of budget and	141522
management shall jointly determine the amount of tax imposed by	141523
section 5741.02 of the Revised Code and remitted under this	141524
chapter by remote sellers during the six-month period ending on	141525
the preceding last day of November and of May, respectively,	141526
reduced by any such tax remitted by sellers pursuant to an	141527
agreement entered into under section 5740.03 of the Revised Code	141528
during the six-month period and by any refunds issued during the	141529
six-month period to remote sellers from the tax refund fund on	141530
account of that tax. Not later than that first day of January and	141531
of July of the calendar year, the director of budget and	141532
management shall transfer from the general revenue fund to the	141533
income tax reduction fund the amount so determined, less one-half	141534
of the amount of that tax remitted during fiscal year 2013 by	141535
remote sellers that voluntarily registered under section 5741.17	141536
of the Revised Code. Amounts transferred to the income tax	141537
reduction fund under this section shall be included in the	141538
determination of the percentage under division (B)(2) of section	141539
131.44 of the Revised Code required to be made by the thirty-first	141540
day of July of the calendar year in which the commissioner makes	141541
the certifications under this division.	141542

Sec. 5741.032. There is hereby created in the state treasury	141543
the remote seller administration fund for the purpose of paying	141544
the expenses incurred by the department of taxation in the	141545
administration of this chapter with respect to remote sellers.	141546
Annually, before the thirty-first day of July, the treasurer of	141547
state shall transfer to the remote seller administration fund	141548
one-half of one per cent of the taxes collected from remote	141549
sellers under this chapter during the preceding fiscal year.	141550

Sec. 5741.17. (A)(1) Except as otherwise provided in	141551
divisions (A)(2), (3), and (4) of this section, every seller of	141552
tangible personal property or services who has substantial nexus	141553
with this state shall register with the tax commissioner and	141554
supply any information concerning ~~his~~the seller's contacts with	141555
this state that may be required by the commissioner.	141556

(2) A seller who is licensed as a vendor pursuant to section	141557
5739.17 of the Revised Code shall not be required to register with	141558
the commissioner pursuant to this section if all sales to	141559
consumers in this state are made under the authority of ~~his~~the	141560
seller's vendor's license.	141561

(3) AUnless the seller has substantial nexus with this state	141562
pursuant to division (I)(2)(g) of section 5741.01 of the Revised	141563
Code, a seller is not required to register under this section if	141564
the seller has no contact with this state other than an agency	141565
relationship with a person engaged in the business of	141566
telemarketing in this state and engaged by the seller exclusively	141567
for the purpose of solicitation of customers in other states.	141568

(4) A seller is not required to register under this section	141569
if the seller has no contact with this state other than the	141570
ownership of property that is located at the facility of a printer	141571
with which the seller has contracted for printing and that	141572
consists of the final printed product, property that becomes a	141573
part of the final printed product, or copy from which the final	141574
printed product is produced.	141575

(B) A seller who does not have substantial nexus with this	141576
state may voluntarily register with the commissioner. A seller who	141577
voluntarily registers with the commissioner under this section is	141578
entitled to the same benefits and is subject to the same duties	141579
and requirements as a seller required to be registered with the	141580
commissioner under this chapter.	141581

The commissioner shall maintain an alphabetical index of all	141582
sellers registered under this chapter and records of the use tax	141583
reported and paid. Upon request, this information shall be made	141584
available to the treasurer of state.	141585

(C) A remote small seller is not required to register under	141586
this section.	141587

Sec. 5743.01. As used in this chapter:

141588

(A) "Person" includes individuals, firms, partnerships,	141589
associations, joint-stock companies, corporations, combinations of	141590
individuals of any form, and the state and any of its political	141591
subdivisions.	141592

(B) "Wholesale dealer" includes only those persons:

141593

(1) Who bring in or cause to be brought into this state	141594
unstamped cigarettes purchased directly from the manufacturer,	141595
producer, or importer of cigarettes for sale in this state but	141596
does not include persons who bring in or cause to be brought into	141597
this state cigarettes with respect to which no evidence of tax	141598
payment is required thereon as provided in section 5743.04 of the	141599
Revised Code; or	141600

(2) Who are engaged in the business of selling cigarettes or	141601
tobacco products to others for the purpose of resale.	141602

"Wholesale dealer" does not include any cigarette	141603
manufacturer, export warehouse proprietor, or importer with a	141604
valid permit under 26 U.S.C. 5713 if that person sells cigarettes	141605
in this state only to wholesale dealers holding valid and current	141606
licenses under section 5743.15 of the Revised Code or to an export	141607
warehouse proprietor or another manufacturer.	141608

141609

(1) In reference to dealers in cigarettes, every person other	141610
than a wholesale dealer engaged in the business of selling	141611
cigarettes in this state, regardless of whether the person is	141612
located in this state or elsewhere, and regardless of quantity,	141613
amount, or number of sales;	141614

(2) In reference to dealers in tobacco products, any person	141615
in this state engaged in the business of selling tobacco products	141616
to ultimate consumers in this state, regardless of quantity,	141617
amount, or number of sales.	141618

(D) "Sale" includes exchange, barter, gift, offer for sale,	141619
and distribution, and includes transactions in interstate or	141620
foreign commerce.	141621

(E) "Cigarettes" includes any roll for smoking made wholly or	141622
in part of tobacco, irrespective of size or shape, and whether or	141623
not such tobacco is flavored, adulterated, or mixed with any other	141624
ingredient, the wrapper or cover of which is made of paper,	141625
reconstituted cigarette tobacco, homogenized cigarette tobacco,	141626
cigarette tobacco sheet, or any similar materials other than cigar	141627
tobacco.	141628

(F) "Package" means the individual package, box, or other	141629
container in or from which retail sales of cigarettes are normally	141630
made or intended to be made.	141631

(G) "Stamp" includes an impression made by a metering device	141632
as provided for in section 5743.04 of the Revised Code.	141633

(H) "Storage" includes any keeping or retention of cigarettes	141634
or tobacco products for use or consumption in this state.	141635

(I) "Use" includes the exercise of any right or power	141636
incidental to the ownership of cigarettes or tobacco products.	141637

(J) "Tobacco product" or "other tobacco product" means any	141638
product made from tobacco, other than cigarettes, that is made for	141639
smoking or chewing, or both, and snuff.	141640

(K) "Wholesale price" means the invoice price, including all	141641
federal excise taxes, at which the manufacturer of the tobacco	141642
product sells the tobacco product to unaffiliated distributors,	141643
excluding any discounts based on the method of payment of the	141644
invoice or on time of payment of the invoice. If the taxpayer buys	141645
from other than a manufacturer, "wholesale price" means the	141646
invoice price, including all federal excise taxes and excluding	141647
any discounts based on the method of payment of the invoice or on	141648
time of payment of the invoice.	141649

(L) "Distributor" means:

141650

(1) Any manufacturer who sells, barters, exchanges, or	141651
distributes tobacco products to a retail dealer in the state,	141652
except when selling to a retail dealer that has filed with the	141653
manufacturer a signed statement agreeing to pay and be liable for	141654
the tax imposed by section 5743.51 of the Revised Code;	141655

(2) Any wholesale dealer located in the state who receives	141656
tobacco products from a manufacturer, or who receives tobacco	141657
products on which the tax imposed by this chapter has not been	141658
paid;	141659

(3) Any wholesale dealer located outside the state who sells,	141660
barters, exchanges, or distributes tobacco products to a wholesale	141661
or retail dealer in the state; or	141662

(4) Any retail dealer who receives tobacco products on which	141663
the tax has not or will not be paid by another distributor,	141664
including a retail dealer that has filed a signed statement with a	141665
manufacturer in which the retail dealer agrees to pay and be	141666
liable for the tax that would otherwise be imposed on the	141667
manufacturer by section 5743.51 of the Revised Code.	141668

(M) "Taxpayer" means any person liable for the tax imposed by	141669
section 5743.51, 5743.62, or 5743.63 of the Revised Code.	141670

(N) "Seller" means any person located outside this state	141671
engaged in the business of selling tobacco products to consumers	141672
for storage, use, or other consumption in this state.	141673

(O) "Manufacturer" means any person who manufactures and	141674
sells cigarettes or tobacco products.	141675

(P) "Importer" means any person that is authorized, under a	141676
valid permit issued under Section 5713 of the Internal Revenue	141677
Code, to import finished cigarettes into the United States, either	141678
directly or indirectly.	141679

(Q) "Little cigar" means any roll for smoking, other than	141680
cigarettes, made wholly or in part of tobacco that uses an	141681
integrated cellulose acetate filter or other filter and is wrapped	141682
in any substance containing tobacco, other than natural leaf	141683
tobacco.	141684

Sec. 5743.024. (A) For the purposes of section 307.696 of	141685
the Revised Code, to pay the expenses of administering the tax,	141686
and to pay any or all of the charge the board of elections makes	141687
against the county to hold the election on the question of levying	141688
the tax, or for such purposes and to provide revenues to the	141689
county for permanent improvements, the board of county	141690
commissioners may levy a tax on sales of cigarettes sold for	141691
resale at retail in the county. The tax shall not exceed two and	141692
twenty-five hundredths of a mill per cigarette, and shall be	141693
computed on each cigarette sold. The tax may be levied for any	141694
number of years not exceeding twenty. Only one sale of the same	141695
article shall be used in computing the amount of tax due.	141696

The tax shall be levied pursuant to a resolution of the	141697
county commissioners approved by a majority of the electors in the	141698
county voting on the question of levying the tax. The resolution	141699
shall specify the rate of the tax, the number of years the tax	141700
will be levied, and the purposes for which the tax is levied. Such	141701
election may be held on the date of a general or special election	141702
held not sooner than ninety days after the date the board	141703
certifies its resolution to the board of elections. If approved by	141704
the electors, the tax shall take effect on the first day of the	141705
month specified in the resolution but not sooner than the first	141706
day of the month that is at least sixty days after the	141707
certification of the election results by the board of elections. A	141708
copy of the resolution levying the tax shall be certified to the	141709
tax commissioner at least sixty days prior to the date on which	141710
the tax is to become effective.	141711

A resolution under this section may be joined on the ballot	141712
as a single question with a resolution adopted under section	141713
307.697 or 4301.421 of the Revised Code to levy a tax for the same	141714
purposes and for the purpose of paying the expenses of	141715
administering the tax. The form of the ballot in an election held	141716
pursuant to this section shall be as prescribed in section 307.697	141717
of the Revised Code.	141718

(B) The treasurer of state shall credit all moneys arising	141719
from each county's taxes levied under this section and section	141720
5743.323 of the Revised Code as follows:	141721

(1) To the tax refund fund created by section 5703.052 of the	141722
Revised Code, amounts equal to the refunds from each tax levied	141723
under this section certified by the tax commissioner pursuant to	141724
section 5743.05 of the Revised Code;	141725

(2) Following the crediting of amounts pursuant to division	141726
(B)(1) of this section:	141727

(a) To the permissive tax distribution fund created by	141728
division (B)(1) of section 4301.423 of the Revised Code, an amount	141729
equal to ninety-eight per cent of the remainder collected;	141730

(b) To the local excise tax administrative fund, which is	141731
hereby created in the state treasury, an amount equal to two per	141732
cent of such remainder, for use by the tax commissioner in	141733
defraying costs incurred in administering the tax.	141734

On or before the second working day of each month, the	141735
treasurer of state shall certify to the tax commissioner the	141736
amount of each county's taxes levied under sections 5743.024 and	141737
5743.323 of the Revised Code and paid to the treasurer of state	141738
during the preceding month.	141739

On or before the tenth day of each month, the tax	141740
commissioner shall distribute the amount credited to the	141741
permissive tax distribution fund during the preceding month by	141742
providing for payment of the appropriate amount to the county	141743
treasurer of each county levying the tax.	141744

(C) The board of county commissioners of a county in which a	141745
tax is imposed under this section on ~~July 19, 1995~~the effective	141746
date of the amendment of this section by H.B. 59 of the 130th	141747
general assembly, may levy a tax for the purpose of section	141748
307.673 of the Revised Code regardless of whether or not the	141749
cooperative agreement authorized under that section has been	141750
entered into prior to the day the resolution adopted under	141751
division (C)(1) or (2) of this section is adopted, ~~and~~ for the	141752
purpose of reimbursing a county for costs incurred in the	141753
construction of a sports facility pursuant to an agreement entered	141754
into by the county under section 307.696 of the Revised Code, or	141755
for the purpose of paying the costs of capital repairs of and	141756
improvements to a sports facility. The tax shall be levied and	141757
approved in one of the manners prescribed by division (C)(1) or	141758
(2) of this section.	141759

(1) The tax may be levied pursuant to a resolution adopted by	141760
a majority of the members of the board of county commissioners not	141761
later than forty-five days after July 19, 1995. A board of county	141762
commissioners approving a tax under division (C)(1) of this	141763
section may approve a tax under division (D)(1) of section 307.697	141764
or division (B)(1) of section 4301.421 of the Revised Code at the	141765
same time. Subject to the resolution being submitted to a	141766
referendum under sections 305.31 to 305.41 of the Revised Code,	141767
the resolution shall take effect immediately, but the tax levied	141768
pursuant to the resolution shall not be levied prior to the day	141769
following the last day ~~taxes~~that any tax previously levied	141770
pursuant to this division ~~(A) of this section~~ may be levied.	141771

(2) The tax may be levied pursuant to a resolution adopted by	141772
a majority of the members of the board of county commissioners not	141773
later than ~~forty-five days after July 19, 1995~~September 1, 2015,	141774
and approved by a majority of the electors of the county voting on	141775
the question of levying the tax ~~at the next succeeding general~~	141776
~~election following July 19, 1995~~. The board of county	141777
commissioners shall certify a copy of the resolution to the board	141778
of elections immediately upon adopting a resolution under division	141779
(C)(2) of this section~~, and the board of elections shall place the~~	141780
~~question of levying the tax on the ballot at that election~~. The	141781
election may be held on the date of a general or special election	141782
held not sooner than ninety days after the date the board	141783
certifies its resolution to the board of elections. The form of	141784
the ballot shall be as prescribed by division (C) of section	141785
307.697 of the Revised Code, except that the phrase "paying not	141786
more than one-half of the costs of providing a sports facility	141787
together with related redevelopment and economic development	141788
projects" shall be replaced by the phrase "paying the costs of	141789
constructing or, renovating, improving, or repairing a sports	141790
facility and reimbursing a county for costs incurred by the county	141791
in the construction of a sports facility," and the phrase ",	141792
beginning .......... (here insert the earliest date the tax would	141793
take effect)" shall be appended after "years." A board of county	141794
commissioners submitting the question of a tax under division	141795
(C)(2) of this section may submit the question of a tax under	141796
division (D)(2) of section 307.697 or division (B)(2) of section	141797
4301.421 of the Revised Code as a single question, and the form of	141798
the ballot shall include each of the proposed taxes.	141799

If approved by a majority of electors voting on the question,	141800
the tax shall take effect on the day specified on the ballot,	141801
which shall not be earlier than the day following the last day ~~the~~	141802
that any tax previously levied pursuant to this division ~~(A) of~~	141803
~~this section~~ may be levied.	141804

The rate of a tax levied pursuant to division (C)(1) or (2)	141805
of this section shall not exceed the rate specified in division	141806
(A) of this section. A tax levied pursuant to division (C)(1) or	141807
(2) of this section may be levied for any number of years not	141808
exceeding twenty.	141809

A board of county commissioners adopting a resolution under	141810
this division shall certify a copy of the resolution to the tax	141811
commissioner immediately upon adoption of the resolution.	141812

~~(E)~~(D) No tax shall be levied under division (A) of this	141813
section on or after September 23, 2008. This division does not	141814
apply to a tax levied under division (C) of this section, and does	141815
not prevent the collection of any tax levied under this section	141816
before ~~that date~~September 23, 2008, so long as that tax remains	141817
effective.	141818

Sec. 5743.081. (A) If any wholesale dealer or retail dealer	141819
fails to pay the tax levied under section 5743.02, 5743.021,	141820
5743.024, or 5743.026 of the Revised Code as required by sections	141821
5743.01 to 5743.20 of the Revised Code, and by the rules of the	141822
tax commissioner, or fails to collect the tax from the purchaser	141823
or consumer, the commissioner may make an assessment against the	141824
wholesale or retail dealer based upon any information in the	141825
commissioner's possession.	141826

The commissioner may make an assessment against any wholesale	141827
or retail dealer who fails to file a return required by section	141828
5743.03 or 5743.025 of the Revised Code.	141829

No assessment shall be made against any wholesale or retail	141830
dealer for any taxes imposed under section 5743.02, 5743.021,	141831
5743.024, or 5743.026 of the Revised Code more than three years	141832
after the last day of the calendar month that immediately follows	141833
the semiannual period prescribed in section 5743.03 of the Revised	141834
Code in which the sale was made, or more than three years after	141835
the semiannual return for such period is filed, whichever is	141836
later. This section does not bar an assessment against any	141837
wholesale or retail dealer who fails to file a return as required	141838
by section 5743.025 or 5743.03 of the Revised Code, or who files a	141839
fraudulent return.	141840

A penalty of up to thirty per cent may be added to the amount	141841
of every assessment made under this section. The commissioner may	141842
adopt rules providing for the imposition and remission of	141843
penalties added to assessments made under this section.	141844

The commissioner shall give the party assessed written notice	141845
of the assessment in the manner provided in section 5703.37 of the	141846
Revised Code. The notice shall specify separately any portion of	141847
the assessment that represents a county tax. With the notice, the	141848
commissioner shall provide instructions on how to petition for	141849
reassessment and request a hearing on the petition.	141850

(B) Unless the party assessed files with the tax commissioner	141851
within sixty days after service of the notice of assessment,	141852
either personally or by certified mail, a written petition for	141853
reassessment signed by the party assessed or that party's	141854
authorized agent having knowledge of the facts, the assessment	141855
becomes final and the amount of the assessment is due and payable	141856
from the party assessed to the treasurer of state. The petition	141857
shall indicate the objections of the party assessed, but	141858
additional objections may be raised in writing if received by the	141859
commissioner prior to the date shown on the final determination.	141860
If the petition has been properly filed, the commissioner shall	141861
proceed under section 5703.60 of the Revised Code.	141862

(C) After an assessment becomes final, if any portion of the	141863
assessment remains unpaid, including accrued interest, a certified	141864
copy of the tax commissioner's entry making the assessment final	141865
may be filed in the office of the clerk of the court of common	141866
pleas in the county in which the wholesale or retail dealer's	141867
place of business is located or the county in which the party	141868
assessed resides. If the party assessed maintains no place of	141869
business in this state and is not a resident of this state, the	141870
certified copy of the entry may be filed in the office of the	141871
clerk of the court of common pleas of Franklin county.	141872

Immediately upon the filing of the commissioner's entry, the	141873
clerk shall enter a judgment for the state against the party	141874
assessed in the amount shown on the entry. The judgment may be	141875
filed by the clerk in a loose-leaf book entitled "special	141876
judgments for state cigarette sales tax," and shall have the same	141877
effect as other judgments. Execution shall issue upon the judgment	141878
upon the request of the tax commissioner, and all laws applicable	141879
to sales on execution shall apply to sales made under the	141880
judgment, except as otherwise provided in sections 5743.01 to	141881
5743.20 of the Revised Code.	141882

~~The portion of~~If the assessment is not paid in its entirety	141883
within sixty days after the assessment was issued, the portion of	141884
the assessment consisting of tax due shall bear interest at the	141885
rate per annum prescribed by section 5703.47 of the Revised Code	141886
from the day the commissioner issues the assessment until it is	141887
paid or until it is certified to the attorney general for	141888
collection under section 131.02 of the Revised Code, whichever	141889
comes first. If the unpaid portion of the assessment is certified	141890
to the attorney general for collection, the entire unpaid portion	141891
of the assessment shall bear interest at the rate per annum	141892
prescribed by section 5703.47 of the Revised Code from the date of	141893
certification until the date it is paid in its entirety. Interest	141894
shall be paid in the same manner as the tax and may be collected	141895
by the issuance of an assessment under this section.	141896

(D) All money collected by the tax commissioner under this	141897
section shall be paid to the treasurer of state, and when paid	141898
shall be considered as revenue arising from the taxes imposed by	141899
sections 5743.01 to 5743.20 of the Revised Code.	141900

Sec. 5743.15. (A) Except as otherwise provided in this	141901
division, no person shall engage in this state in the wholesale or	141902
retail business of trafficking in cigarettes or in the business of	141903
a manufacturer or importer of cigarettes without having a license	141904
to conduct each such activity issued by a county auditor under	141905
division (B) of this section or the tax commissioner under	141906
divisions (C) and (F) of this section. On dissolution of a	141907
partnership by death, the surviving partner may operate under the	141908
license of the partnership until expiration of the license, and	141909
the heirs or legal representatives of deceased persons, and	141910
receivers and trustees in bankruptcy appointed by any competent	141911
authority, may operate under the license of the person succeeded	141912
in possession by such heir, representative, receiver, or trustee	141913
in bankruptcy if the partner or successor notifies the issuer of	141914
the license of the dissolution or succession within thirty days	141915
after the dissolution or succession.	141916

(B)(1) Each applicant for a license to engage in the retail	141917
business of trafficking in cigarettes under this section,	141918
annually, on or before the fourth Monday of May, shall make and	141919
deliver to the county auditor of the county in which the applicant	141920
desires to engage in the retail business of trafficking in	141921
cigarettes, upon a blank form furnished by such auditor for that	141922
purpose, a statement showing the name of the applicant, each	141923
physical place in the county where the applicant's business is	141924
conducted, the nature of the business, and any other information	141925
the tax commissioner requires in the form of statement prescribed	141926
by the commissioner. If the applicant is a firm, partnership, or	141927
association other than a corporation, the application shall state	141928
the name and address of each of its members. If the applicant is a	141929
corporation, the application shall state the name and address of	141930
each of its officers. At the time of making the application	141931
required by this section, every person desiring to engage in the	141932
retail business of trafficking in cigarettes shall pay an	141933
application fee in the sum of one hundred twenty-five dollars for	141934
each physical place where the person proposes to carry on such	141935
business. Each place of business shall be deemed such space, under	141936
lease or license to, or under the control of, or under the	141937
supervision of the applicant, as is contained in one or more	141938
contiguous, adjacent, or adjoining buildings constituting an	141939
industrial plant or a place of business operated by, or under the	141940
control of, one person, or under one roof and connected by doors,	141941
halls, stairways, or elevators, which space may contain any number	141942
of points at which cigarettes are offered for sale, provided that	141943
each additional point at which cigarettes are offered for sale	141944
shall be listed in the application.	141945

(2) Upon receipt of the application and exhibition of the	141946
county treasurer's receipt showing the payment of the application	141947
fee, the county auditor shall issue to the applicant a license for	141948
each place of business designated in the application, authorizing	141949
the applicant to engage in such business at such place for one	141950
year commencing on the fourth Monday of May. The form of the	141951
license shall be prescribed by the commissioner. A duplicate	141952
license may be obtained from the county auditor upon payment of a	141953
five-dollar fee if the original license is lost, destroyed, or	141954
defaced. When an application is filed after the fourth Monday of	141955
May, the application fee required to be paid shall be proportioned	141956
in amount to the remainder of the license year, except that it	141957
shall not be less than twenty-five dollars in any one year.	141958

(3) The holder of a retail dealer's cigarette license may	141959
transfer the license to a place of business within the same county	141960
other than that designated on the license on condition that the	141961
licensee's ownership interest and business structure remain	141962
unchanged, and that the licensee applies to the county auditor	141963
therefor, upon forms approved by the commissioner and the payment	141964
of a fee of five dollars into the county treasury.	141965

(C)(1) Each applicant for a license to engage in the	141966
wholesale business of trafficking in cigarettes under this	141967
section, annually, on or before the fourth Monday in May, shall	141968
make and deliver to the tax commissioner, upon a blank form	141969
furnished by the commissioner for that purpose, a statement	141970
showing the name of the applicant, physical street address where	141971
the applicant's business is conducted, the nature of the business,	141972
and any other information required by the commissioner. If the	141973
applicant is a firm, partnership, or association other than a	141974
corporation, the applicant shall state the name and address of	141975
each of its members. If the applicant is a corporation, the	141976
applicant shall state the name and address of each of its	141977
officers. At the time of making the application required by this	141978
section, every person desiring to engage in the wholesale business	141979
of trafficking in cigarettes shall pay an application fee of one	141980
thousand dollars for each physical place where the person proposes	141981
to carry on such business. Each place of business shall be deemed	141982
such space, under lease or license to, or under the control of, or	141983
under the supervision of the applicant, as is contained in one or	141984
more contiguous, adjacent, or adjoining buildings constituting an	141985
industrial plant or a place of business operated by, or under the	141986
control of, one person, or under one roof and connected by doors,	141987
halls, stairways, or elevators. A duplicate license may be	141988
obtained from the commissioner upon payment of a	141989
twenty-five-dollar fee if the original license is lost, destroyed,	141990
or defaced.	141991

(2) Upon receipt of the application and payment of any	141992
application fee required by this section, the commissioner shall	141993
verify that the applicant is ~~in good standing under~~not in	141994
violation of any provision of Chapter 1346. ~~and~~or Title LVII of	141995
the Revised Code. The commissioner shall also verify that the	141996
applicant has filed any returns, submitted any information, and	141997
paid any outstanding taxes or fees as required by the	141998
commissioner, to the extent that the commissioner is aware of the	141999
returns, information, taxes, or fees at the time of the	142000
application. Upon approval, the commissioner shall issue to the	142001
applicant a license for each physical place of business designated	142002
in the application authorizing the applicant to engage in business	142003
at that location for one year commencing on the fourth Monday in	142004
May. For licenses issued after the fourth Monday in May, the	142005
application fee shall be reduced proportionately by the remainder	142006
of the twelve-month period for which the license is issued, except	142007
that the application fee required to be paid under this section	142008
shall be not less than two hundred dollars in any one year.	142009

(3) The holder of a wholesale dealer cigarette license may	142010
transfer the license to a place of business other than that	142011
designated on the license on condition that the licensee's	142012
ownership or business structure remains unchanged, and that the	142013
licensee applies to the commissioner for such a transfer upon a	142014
form promulgated by the commissioner and pays a fee of twenty-five	142015
dollars, which shall be deposited into the cigarette tax	142016
enforcement fund created in division (E) of this section.	142017

(D)(1) The wholesale cigarette license application fees	142018
collected under this section shall be paid into the cigarette tax	142019
enforcement fund.	142020

(2) The retail cigarette license application fees collected	142021
under this section shall be distributed as follows:	142022

(a) Thirty per cent shall be paid upon the warrant of the	142023
county auditor into the treasury of the municipal corporation or	142024
township in which the places of business for which the tax revenue	142025
was received are located;	142026

(b) Ten per cent shall be credited to the general fund of the	142027
county;	142028

(c) Sixty per cent shall be paid into the cigarette tax	142029
enforcement fund.	142030

(3) The remainder of the revenues and fines collected under	142031
this section and the penal laws relating to cigarettes shall be	142032
distributed as follows:	142033

(a) Three-fourths shall be paid upon the warrant of the	142034
county auditor into the treasury of the municipal corporation or	142035
township in which the place of business, on account of which the	142036
revenues and fines were received, is located;	142037

(b) One-fourth shall be credited to the general fund of the	142038
county.	142039

(E) There is hereby created within the state treasury the	142040
cigarette tax enforcement fund for the purpose of providing funds	142041
to assist in paying the costs of enforcing sections 1333.11 to	142042
1333.21 and Chapter 5743. of the Revised Code.	142043

The portion of cigarette license application fees received by	142044
a county auditor during the annual application period that ends on	142045
the fourth Monday in May and that is required to be deposited in	142046
the cigarette tax enforcement fund shall be sent to the treasurer	142047
of state by the thirtieth day of June each year accompanied by the	142048
form prescribed by the tax commissioner. The portion of cigarette	142049
license application fees received by each county auditor after the	142050
fourth Monday in May and that is required to be deposited in the	142051
cigarette tax enforcement fund shall be sent to the treasurer of	142052
state by the last day of the month following the month in which	142053
such fees were collected.	142054

(F)(1) Every person who desires to engage in the business of	142055
a manufacturer or importer of cigarettes shall, annually, on or	142056
before the fourth Monday of May, make and deliver to the tax	142057
commissioner, upon a blank form furnished by the commissioner for	142058
that purpose, a statement showing the name of the applicant, the	142059
nature of the applicant's business, and any other information	142060
required by the commissioner. If the applicant is a firm,	142061
partnership, or association other than a corporation, the	142062
applicant shall state the name and address of each of its members.	142063
If the applicant is a corporation, the applicant shall state the	142064
name and address of each of its officers.	142065

(2) Upon receipt of the application required under this	142066
section, the commissioner shall verify that the applicant is in	142067
~~good standing under~~not in violation of any provision of Chapter	142068
1346. ~~and~~or Title LVII of the Revised Code. The commissioner	142069
shall also verify that the applicant has filed any returns,	142070
submitted any information, and paid any outstanding taxes or fees	142071
as required by the commissioner, to the extent that the	142072
commissioner is aware of the returns, information, taxes, or fees	142073
at the time of the application. Upon approval, the commissioner	142074
shall issue to the applicant a license authorizing the applicant	142075
to engage in the business of manufacturer or importer, whichever	142076
the case may be, for one year commencing on the fourth Monday of	142077
May.	142078

(3) The issuing of a license under division (F)(1) of this	142079
section to a manufacturer does not excuse a manufacturer from the	142080
certification process required under section 1346.05 of the	142081
Revised Code. A manufacturer who is issued a license under	142082
division (F)(1) of this section and who is not listed on the	142083
directory required under section 1346.05 of the Revised Code shall	142084
not be permitted to sell cigarettes in this state other than to a	142085
licensed cigarette wholesaler for sale outside this state. Such a	142086
manufacturer shall provide documentation to the commissioner	142087
evidencing that the cigarettes are legal for sale in another	142088
state.	142089

(G) The tax commissioner may adopt rules necessary to	142090
administer this section.	142091

Sec. 5743.323. (A) For the purposes of section 307.696 of the	142092
Revised Code and to pay the expenses of levying the tax or for	142093
such purposes and to provide revenues to the county for permanent	142094
improvements, the board of county commissioners of a county that	142095
levies a tax under division (A) ~~or (C)~~ of section 5743.024 of the	142096
Revised Code shall by resolution adopted by a majority of the	142097
board levy a tax at the same rate on the use, consumption, or	142098
storage for consumption of cigarettes by consumers in the county,	142099
provided that the tax shall not apply if the tax levied by	142100
division (A) ~~or (C)~~ of section 5743.024 of the Revised Code has	142101
been paid. The tax shall take effect on the date that a tax levied	142102
under division (A) ~~or (C)~~ of section 5743.024 of the Revised Code	142103
takes effect, and shall remain in effect as long as the tax levied	142104
under such division remains effective.	142105

No tax shall be levied under division (A) of this section on	142106
or after ~~the effective date of the amendment of this section by~~	142107
~~H.B. 562 of the 127th general assembly~~September 23, 2008. This	142108
paragraph does not prevent the collection of any tax levied under	142109
this section before that date so long as that tax remains	142110
effective.	142111

(B) For the purposes of section 307.696 of the Revised Code	142112
and to pay the expenses of levying the tax or for such purposes	142113
and to provide revenues to the county for permanent improvements,	142114
the board of county commissioners of a county that levies a tax	142115
under division (C) of section 5743.024 of the Revised Code shall	142116
by resolution adopted by a majority of the board levy a tax at the	142117
same rate on the use, consumption, or storage for consumption of	142118
cigarettes by consumers in the county, provided that the tax shall	142119
not apply if the tax levied by division (C) of section 5743.024 of	142120
the Revised Code has been paid. The tax shall take effect on the	142121
date that a tax levied under division (C) of section 5743.024 of	142122
the Revised Code takes effect, and shall remain in effect as long	142123
as the tax levied under such division remains effective.	142124

Sec. 5743.51. (A) To provide revenue for the general revenue	142125
fund of the state, an excise tax on tobacco products is hereby	142126
levied at one of the ~~rate of~~following rates:	142127

(1) For tobacco products other than little cigars, seventeen	142128
per cent of the wholesale price of the tobacco product received by	142129
a distributor or sold by a manufacturer to a retail dealer located	142130
in this state. ~~Each~~	142131

(2) For invoices dated October 1, 2013, or later,	142132
thirty-seven per cent of the wholesale price of little cigars	142133
received by a distributor or sold by a manufacturer to a retail	142134
dealer located in this state.	142135

Each distributor who brings tobacco products, or causes	142136
tobacco products to be brought, into this state for distribution	142137
within this state, or any out-of-state distributor who sells	142138
tobacco products to wholesale or retail dealers located in this	142139
state for resale by those wholesale or retail dealers is liable	142140
for the tax imposed by this section. Only one sale of the same	142141
article shall be used in computing the amount of the tax due.	142142

(B) The treasurer of state shall place to the credit of the	142143
tax refund fund created by section 5703.052 of the Revised Code,	142144
out of the receipts from the tax levied by this section, amounts	142145
equal to the refunds certified by the tax commissioner pursuant to	142146
section 5743.53 of the Revised Code. The balance of the taxes	142147
collected under this section shall be paid into the general	142148
revenue fund.	142149

(C) The commissioner may adopt rules as are necessary to	142150
assist in the enforcement and administration of sections 5743.51	142151
to 5743.66 of the Revised Code, including rules providing for the	142152
remission of penalties imposed.	142153

(D) A manufacturer is not liable for payment of the tax	142154
imposed by this section for sales of tobacco products to a retail	142155
dealer that has filed a signed statement with the manufacturer in	142156
which the retail dealer agrees to pay and be liable for the tax,	142157
as long as the manufacturer has provided a copy of the statement	142158
to the tax commissioner.	142159

Sec. 5743.56. (A) Any person required to pay the tax imposed	142160
by section 5743.51, 5743.62, or 5743.63 of the Revised Code is	142161
personally liable for the tax. The tax commissioner may make an	142162
assessment, based upon any information in the commissioner's	142163
possession, against any person who fails to file a return or pay	142164
any tax, interest, or additional charge as required by this	142165
chapter. The commissioner shall give the person assessed written	142166
notice of such assessment in the manner provided in section	142167
5703.37 of the Revised Code. With the notice, the commissioner	142168
shall provide instructions on how to petition for reassessment and	142169
request a hearing on the petition.	142170

(B) When the information in the possession of the tax	142171
commissioner indicates that a person liable for the tax imposed by	142172
section 5743.51, 5743.62, or 5743.63 of the Revised Code has not	142173
paid the full amount of tax due, the commissioner may audit a	142174
representative sample of the person's business and may issue an	142175
assessment based on such audit.	142176

(C) A penalty of up to fifteen per cent may be added to all	142177
amounts assessed under this section. The tax commissioner may	142178
adopt rules providing for the imposition and remission of such	142179
penalties.	142180

(D) Unless the person assessed files with the tax	142181
commissioner within sixty days after service of the notice of	142182
assessment, either personally or by certified mail, a written	142183
petition for reassessment signed by the person assessed or that	142184
person's authorized agent having knowledge of the facts, the	142185
assessment becomes final and the amount of the assessment is due	142186
and payable from the person assessed to the treasurer of state. A	142187
petition shall indicate the objections of the person assessed, but	142188
additional objections may be raised in writing if received by the	142189
commissioner prior to the date shown on the final determination.	142190
If the petition has been properly filed, the commissioner shall	142191
proceed under section 5703.60 of the Revised Code.	142192

(E) After an assessment becomes final, if any portion of the	142193
assessment, including accrued interest, remains unpaid, a	142194
certified copy of the tax commissioner's entry making the	142195
assessment final may be filed in the office of the clerk of the	142196
court of common pleas in the county in which the person assessed	142197
resides or in which the person assessed conducts business. If the	142198
person assessed maintains no place of business in this state and	142199
is not a resident of this state, the certified copy of the entry	142200
may be filed in the office of the clerk of the court of common	142201
pleas of Franklin county.	142202

Immediately upon the filing of the entry, the clerk shall	142203
enter a judgment for the state against the person assessed in the	142204
amount shown on the entry. The judgment may be filed by the clerk	142205
in a loose-leaf book entitled "special judgments for state tobacco	142206
products tax," and shall have the same effect as other judgments.	142207
Execution shall issue upon the judgment upon the request of the	142208
commissioner, and all laws applicable to sales on execution shall	142209
apply to sales made under the judgment.	142210

~~The portion of~~If the assessment is not paid in its entirety	142211
within sixty days after the day the assessment is issued, the	142212
portion of the assessment consisting of tax due shall bear	142213
interest at the rate per annum prescribed by section 5703.47 of	142214
the Revised Code from the day the commissioner issues the	142215
assessment until the assessment is paid or until it is certified	142216
to the attorney general for collection under section 131.02 of the	142217
Revised Code, whichever comes first. If the unpaid portion of the	142218
assessment is certified to the attorney general for collection,	142219
the entire unpaid portion of the assessment shall bear interest at	142220
the rate per annum prescribed by section 5703.47 of the Revised	142221
Code from the date of certification until the date it is paid in	142222
its entirety. Interest shall be paid in the same manner as the tax	142223
and may be collected by issuing an assessment under this section.	142224

(F) If the tax commissioner believes that collection of the	142225
tax will be jeopardized unless proceedings to collect or secure	142226
collection of the tax are instituted without delay, the	142227
commissioner may issue a jeopardy assessment against the person	142228
liable for the tax. Immediately upon the issuance of the jeopardy	142229
assessment, the commissioner shall file an entry with the clerk of	142230
the court of common pleas in the manner prescribed by division (E)	142231
of this section. Notice of the jeopardy assessment shall be served	142232
on the person assessed or the legal representative of the person	142233
assessed, as provided in section 5703.37 of the Revised Code,	142234
within five days of the filing of the entry with the clerk. The	142235
total amount assessed is immediately due and payable, unless the	142236
person assessed files a petition for reassessment in accordance	142237
with division (D) of this section and provides security in a form	142238
satisfactory to the commissioner and in an amount sufficient to	142239
satisfy the unpaid balance of the assessment. Full or partial	142240
payment of the assessment does not prejudice the commissioner's	142241
consideration of the petition for reassessment.	142242

(G) All money collected by the tax commissioner under this	142243
section shall be paid to the treasurer of state as revenue arising	142244
from the tax imposed by sections 5743.51, 5743.62, and 5743.63 of	142245
the Revised Code.	142246

Sec. 5743.62. (A) To provide revenue for the general revenue	142247
fund of the state, an excise tax is hereby levied on the seller of	142248
tobacco products in this state at one of the ~~rate of~~following	142249
rates:	142250

(1) For tobacco products other than little cigars, seventeen	142251
per cent of the wholesale price of the tobacco product whenever	142252
the tobacco product is delivered to a consumer in this state for	142253
the storage, use, or other consumption of such tobacco products.	142254
~~The~~	142255

(2) For little cigars, thirty-seven per cent of the wholesale	142256
price of the little cigars whenever the little cigars are	142257
delivered to a consumer in this state for the storage, use, or	142258
other consumption of the little cigars.	142259

The tax imposed by this section applies only to sellers	142260
having nexus in this state, as defined in section 5741.01 of the	142261
Revised Code.	142262

(B) A seller of tobacco products who has nexus in this state	142263
as defined in section 5741.01 of the Revised Code shall register	142264
with the tax commissioner and supply any information concerning	142265
the seller's contacts with this state as may be required by the	142266
tax commissioner. A seller who does not have nexus in this state	142267
may voluntarily register with the tax commissioner. A seller who	142268
voluntarily registers with the tax commissioner is entitled to the	142269
same benefits and is subject to the same duties and requirements	142270
as a seller required to be registered with the tax commissioner	142271
under this division.	142272

(C) Each seller of tobacco products subject to the tax levied	142273
by this section, on or before the last day of each month, shall	142274
file with the tax commissioner a return for the preceding month	142275
showing any information the tax commissioner finds necessary for	142276
the proper administration of sections 5743.51 to 5743.66 of the	142277
Revised Code, together with remittance of the tax due, payable to	142278
the treasurer of state. The return and payment of the tax required	142279
by this section shall be filed in such a manner that it is	142280
received by the tax commissioner on or before the last day of the	142281
month following the reporting period. If the return is filed and	142282
the amount of the tax shown on the return to be due is paid on or	142283
before the date the return is required to be filed, the seller is	142284
entitled to a discount equal to two and five-tenths per cent of	142285
the amount shown on the return to be due.	142286

(D) The tax commissioner shall immediately forward to the	142287
treasurer of state all money received from the tax levied by this	142288
section, and the treasurer shall credit the amount to the general	142289
revenue fund.	142290

(E) Each seller of tobacco products subject to the tax levied	142291
by this section shall mark on the invoices of tobacco products	142292
sold that the tax levied by that section has been paid and shall	142293
indicate the seller's account number as assigned by the tax	142294
commissioner.	142295

Sec. 5743.63. (A) To provide revenue for the general revenue	142296
fund of the state, an excise tax is hereby levied on the storage,	142297
use, or other consumption of tobacco products at one of the ~~rate~~	142298
offollowing rates:	142299

(1) For tobacco products other than little cigars, seventeen	142300
per cent of the wholesale price of the tobacco product~~, provided~~.	142301

(2) For little cigars, thirty-seven per cent of the wholesale	142302
price of the little cigars.	142303

The tax levied under division (A) of this section is imposed	142304
only if the tax has not been paid by the seller as provided in	142305
section 5743.62 of the Revised Code, or by the distributor as	142306
provided in section 5743.51 of the Revised Code.	142307

(B) Each person subject to the tax levied by this section, on	142308
or before the last day of each month, shall file with the tax	142309
commissioner a return for the preceding month showing any	142310
information the tax commissioner finds necessary for the proper	142311
administration of sections 5743.51 to 5743.66 of the Revised Code,	142312
together with remittance of the tax due, payable to the treasurer	142313
of state. The return and payment of the tax required by this	142314
section shall be filed in such a manner that it is received by the	142315
tax commissioner on or before the last day of the month following	142316
the reporting period.	142317

(C) The tax commissioner shall immediately forward to the	142318
treasurer of state all money received from the tax levied by this	142319
section, and the treasurer shall credit the amount to the general	142320
revenue fund.	142321

Sec. 5745.12. (A) If any taxpayer required to file a report	142322
under this chapter fails to file the report within the time	142323
prescribed, files an incorrect report, or fails to remit the full	142324
amount of the tax due for the period covered by the report, the	142325
tax commissioner may make an assessment against the taxpayer for	142326
any deficiency for the period for which the report or tax is due,	142327
based upon any information in the commissioner's possession.	142328

The tax commissioner shall not make or issue an assessment	142329
against a taxpayer more than three years after the later of the	142330
final date the report subject to assessment was required to be	142331
filed or the date the report was filed. Such time limit may be	142332
extended if both the taxpayer and the commissioner consent in	142333
writing to the extension. Any such extension shall extend the	142334
three-year time limit in section 5745.11 of the Revised Code for	142335
the same period of time. There shall be no bar or limit to an	142336
assessment against a taxpayer that fails to file a report subject	142337
to assessment as required by this chapter, or that files a	142338
fraudulent report. The commissioner shall give the taxpayer	142339
assessed written notice of the assessment as provided in section	142340
5703.37 of the Revised Code. With the notice, the commissioner	142341
shall provide instructions on how to petition for reassessment and	142342
request a hearing on the petition.	142343

(B) Unless the taxpayer assessed files with the tax	142344
commissioner within sixty days after service of the notice of	142345
assessment, either personally or by certified mail, a written	142346
petition for reassessment signed by the authorized agent of the	142347
taxpayer assessed having knowledge of the facts, the assessment	142348
becomes final, and the amount of the assessment is due and payable	142349
from the taxpayer to the treasurer of state. The petition shall	142350
indicate the taxpayer's objections, but additional objections may	142351
be raised in writing if received by the commissioner prior to the	142352
date shown on the final determination. If the petition has been	142353
properly filed, the commissioner shall proceed under section	142354
5703.60 of the Revised Code.	142355

(C) After an assessment becomes final, if any portion of the	142356
assessment remains unpaid, including accrued interest, a certified	142357
copy of the tax commissioner's entry making the assessment final	142358
may be filed in the office of the clerk of the court of common	142359
pleas in the county in which the taxpayer has an office or place	142360
of business in this state, the county in which the taxpayer's	142361
statutory agent is located, or Franklin county.	142362

Immediately upon the filing of the entry, the clerk shall	142363
enter a judgment against the taxpayer assessed in the amount shown	142364
on the entry. The judgment may be filed by the clerk in a	142365
loose-leaf book entitled "special judgments for municipal income	142366
taxes," and shall have the same effect as other judgments.	142367
Execution shall issue upon the judgment upon the request of the	142368
tax commissioner, and all laws applicable to sales on execution	142369
shall apply to sales made under the judgment.	142370

~~The portion of an~~If the assessment is not paid in its	142371
entirety within sixty days after the day the assessment was	142372
issued, the portion of the assessment consisting of tax due shall	142373
bear interest at the rate per annum prescribed by section 5703.47	142374
of the Revised Code from the day the commissioner issues the	142375
assessment until the assessment is paid or until it is certified	142376
to the attorney general for collection under section 131.02 of the	142377
Revised Code, whichever comes first. If the unpaid portion of the	142378
assessment is certified to the attorney general for collection,	142379
the entire unpaid portion of the assessment shall bear interest at	142380
the rate per annum prescribed by section 5703.47 of the Revised	142381
Code from the date of certification until the date it is paid in	142382
its entirety. Interest shall be paid in the same manner as the tax	142383
and may be collected by issuing an assessment under this section.	142384

(D) All money collected under this section shall be credited	142385
and distributed to the municipal corporation to which the money is	142386
owed based on the assessment issued under this section.	142387

(E) If the tax commissioner believes that collection of the	142388
tax imposed by this chapter will be jeopardized unless proceedings	142389
to collect or secure collection of the tax are instituted without	142390
delay, the commissioner may issue a jeopardy assessment against	142391
the taxpayer liable for the tax. Immediately upon the issuance of	142392
the jeopardy assessment, the commissioner shall file an entry with	142393
the clerk of the court of common pleas in the manner prescribed by	142394
division (C) of this section. Notice of the jeopardy assessment	142395
shall be served on the taxpayer assessed or the taxpayer's legal	142396
representative in the manner provided in section 5703.37 of the	142397
Revised Code within five days of the filing of the entry with the	142398
clerk. The total amount assessed is immediately due and payable,	142399
unless the taxpayer assessed files a petition for reassessment in	142400
accordance with division (B) of this section and provides security	142401
in a form satisfactory to the commissioner and in an amount	142402
sufficient to satisfy the unpaid balance of the assessment. Full	142403
or partial payment of the assessment does not prejudice the	142404
commissioner's consideration of the petition for reassessment.	142405

(F) Notwithstanding the fact that a petition for reassessment	142406
is pending, the taxpayer may pay all or a portion of the	142407
assessment that is the subject of the petition. The acceptance of	142408
a payment by the treasurer of state does not prejudice any claim	142409
for refund upon final determination of the petition.	142410

If upon final determination of the petition an error in the	142411
assessment is corrected by the tax commissioner, upon petition so	142412
filed or pursuant to a decision of the board of tax appeals or any	142413
court to which the determination or decision has been appealed, so	142414
that the amount due from the taxpayer under the corrected	142415
assessment is less than the portion paid, there shall be issued to	142416
the taxpayer, its assigns, or legal representative a refund in the	142417
amount of the overpayment as provided by section 5745.11 of the	142418
Revised Code, with interest on that amount as provided by section	142419
5745.11 of the Revised Code.	142420

Sec. 5747.01. Except as otherwise expressly provided or	142421
clearly appearing from the context, any term used in this chapter	142422
that is not otherwise defined in this section has the same meaning	142423
as when used in a comparable context in the laws of the United	142424
States relating to federal income taxes or if not used in a	142425
comparable context in those laws, has the same meaning as in	142426
section 5733.40 of the Revised Code. Any reference in this chapter	142427
to the Internal Revenue Code includes other laws of the United	142428
States relating to federal income taxes.	142429

As used in this chapter:

142430

(A) "Adjusted gross income" or "Ohio adjusted gross income"	142431
means federal adjusted gross income, as defined and used in the	142432
Internal Revenue Code, adjusted as provided in this section:	142433

(1) Add interest or dividends on obligations or securities of	142434
any state or of any political subdivision or authority of any	142435
state, other than this state and its subdivisions and authorities.	142436

(2) Add interest or dividends on obligations of any	142437
authority, commission, instrumentality, territory, or possession	142438
of the United States to the extent that the interest or dividends	142439
are exempt from federal income taxes but not from state income	142440
taxes.	142441

(3) Deduct interest or dividends on obligations of the United	142442
States and its territories and possessions or of any authority,	142443
commission, or instrumentality of the United States to the extent	142444
that the interest or dividends are included in federal adjusted	142445
gross income but exempt from state income taxes under the laws of	142446
the United States.	142447

(4) Deduct disability and survivor's benefits to the extent	142448
included in federal adjusted gross income.	142449

(5) Deduct benefits under Title II of the Social Security Act	142450
and tier 1 railroad retirement benefits to the extent included in	142451
federal adjusted gross income under section 86 of the Internal	142452
Revenue Code.	142453

(6) In the case of a taxpayer who is a beneficiary of a trust	142454
that makes an accumulation distribution as defined in section 665	142455
of the Internal Revenue Code, add, for the beneficiary's taxable	142456
years beginning before 2002, the portion, if any, of such	142457
distribution that does not exceed the undistributed net income of	142458
the trust for the three taxable years preceding the taxable year	142459
in which the distribution is made to the extent that the portion	142460
was not included in the trust's taxable income for any of the	142461
trust's taxable years beginning in 2002 or thereafter.	142462
"Undistributed net income of a trust" means the taxable income of	142463
the trust increased by (a)(i) the additions to adjusted gross	142464
income required under division (A) of this section and (ii) the	142465
personal exemptions allowed to the trust pursuant to section	142466
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	142467
deductions to adjusted gross income required under division (A) of	142468
this section, (ii) the amount of federal income taxes attributable	142469
to such income, and (iii) the amount of taxable income that has	142470
been included in the adjusted gross income of a beneficiary by	142471
reason of a prior accumulation distribution. Any undistributed net	142472
income included in the adjusted gross income of a beneficiary	142473
shall reduce the undistributed net income of the trust commencing	142474
with the earliest years of the accumulation period.	142475

(7) Deduct the amount of wages and salaries, if any, not	142476
otherwise allowable as a deduction but that would have been	142477
allowable as a deduction in computing federal adjusted gross	142478
income for the taxable year, had the targeted jobs credit allowed	142479
and determined under sections 38, 51, and 52 of the Internal	142480
Revenue Code not been in effect.	142481

(8) Deduct any interest or interest equivalent on public	142482
obligations and purchase obligations to the extent that the	142483
interest or interest equivalent is included in federal adjusted	142484
gross income.	142485

(9) Add any loss or deduct any gain resulting from the sale,	142486
exchange, or other disposition of public obligations to the extent	142487
that the loss has been deducted or the gain has been included in	142488
computing federal adjusted gross income.	142489

(10) Deduct or add amounts, as provided under section 5747.70	142490
of the Revised Code, related to contributions to variable college	142491
savings program accounts made or tuition units purchased pursuant	142492
to Chapter 3334. of the Revised Code.	142493

(11)(a) Deduct, to the extent not otherwise allowable as a	142494
deduction or exclusion in computing federal or Ohio adjusted gross	142495
income for the taxable year, the amount the taxpayer paid during	142496
the taxable year for medical care insurance and qualified	142497
long-term care insurance for the taxpayer, the taxpayer's spouse,	142498
and dependents. No deduction for medical care insurance under	142499
division (A)(11) of this section shall be allowed either to any	142500
taxpayer who is eligible to participate in any subsidized health	142501
plan maintained by any employer of the taxpayer or of the	142502
taxpayer's spouse, or to any taxpayer who is entitled to, or on	142503
application would be entitled to, benefits under part A of Title	142504
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	142505
301, as amended. For the purposes of division (A)(11)(a) of this	142506
section, "subsidized health plan" means a health plan for which	142507
the employer pays any portion of the plan's cost. The deduction	142508
allowed under division (A)(11)(a) of this section shall be the net	142509
of any related premium refunds, related premium reimbursements, or	142510
related insurance premium dividends received during the taxable	142511
year.	142512

(b) Deduct, to the extent not otherwise deducted or excluded	142513
in computing federal or Ohio adjusted gross income during the	142514
taxable year, the amount the taxpayer paid during the taxable	142515
year, not compensated for by any insurance or otherwise, for	142516
medical care of the taxpayer, the taxpayer's spouse, and	142517
dependents, to the extent the expenses exceed seven and one-half	142518
per cent of the taxpayer's federal adjusted gross income.	142519

(c) Deduct, to the extent not otherwise deducted or excluded	142520
in computing federal or Ohio adjusted gross income, any amount	142521
included in federal adjusted gross income under section 105 or not	142522
excluded under section 106 of the Internal Revenue Code solely	142523
because it relates to an accident and health plan for a person who	142524
otherwise would be a "qualifying relative" and thus a "dependent"	142525
under section 152 of the Internal Revenue Code but for the fact	142526
that the person fails to meet the income and support limitations	142527
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	142528

(d) For purposes of division (A)(11) of this section,	142529
"medical care" has the meaning given in section 213 of the	142530
Internal Revenue Code, subject to the special rules, limitations,	142531
and exclusions set forth therein, and "qualified long-term care"	142532
has the same meaning given in section 7702B(c) of the Internal	142533
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	142534
of this section, "dependent" includes a person who otherwise would	142535
be a "qualifying relative" and thus a "dependent" under section	142536
152 of the Internal Revenue Code but for the fact that the person	142537
fails to meet the income and support limitations under section	142538
152(d)(1)(B) and (C) of the Internal Revenue Code.	142539

(12)(a) Deduct any amount included in federal adjusted gross	142540
income solely because the amount represents a reimbursement or	142541
refund of expenses that in any year the taxpayer had deducted as	142542
an itemized deduction pursuant to section 63 of the Internal	142543
Revenue Code and applicable United States department of the	142544
treasury regulations. The deduction otherwise allowed under	142545
division (A)(12)(a) of this section shall be reduced to the extent	142546
the reimbursement is attributable to an amount the taxpayer	142547
deducted under this section in any taxable year.	142548

(b) Add any amount not otherwise included in Ohio adjusted	142549
gross income for any taxable year to the extent that the amount is	142550
attributable to the recovery during the taxable year of any amount	142551
deducted or excluded in computing federal or Ohio adjusted gross	142552
income in any taxable year.	142553

(13) Deduct any portion of the deduction described in section	142554
1341(a)(2) of the Internal Revenue Code, for repaying previously	142555
reported income received under a claim of right, that meets both	142556
of the following requirements:	142557

(a) It is allowable for repayment of an item that was	142558
included in the taxpayer's adjusted gross income for a prior	142559
taxable year and did not qualify for a credit under division (A)	142560
or (B) of section 5747.05 of the Revised Code for that year;	142561

(b) It does not otherwise reduce the taxpayer's adjusted	142562
gross income for the current or any other taxable year.	142563

(14) Deduct an amount equal to the deposits made to, and net	142564
investment earnings of, a medical savings account during the	142565
taxable year, in accordance with section 3924.66 of the Revised	142566
Code. The deduction allowed by division (A)(14) of this section	142567
does not apply to medical savings account deposits and earnings	142568
otherwise deducted or excluded for the current or any other	142569
taxable year from the taxpayer's federal adjusted gross income.	142570

(15)(a) Add an amount equal to the funds withdrawn from a	142571
medical savings account during the taxable year, and the net	142572
investment earnings on those funds, when the funds withdrawn were	142573
used for any purpose other than to reimburse an account holder	142574
for, or to pay, eligible medical expenses, in accordance with	142575
section 3924.66 of the Revised Code;	142576

(b) Add the amounts distributed from a medical savings	142577
account under division (A)(2) of section 3924.68 of the Revised	142578
Code during the taxable year.	142579

(16) Add any amount claimed as a credit under section	142580
5747.059 or 5747.65 of the Revised Code to the extent that such	142581
amount satisfies either of the following:	142582

(a) The amount was deducted or excluded from the computation	142583
of the taxpayer's federal adjusted gross income as required to be	142584
reported for the taxpayer's taxable year under the Internal	142585
Revenue Code;	142586

(b) The amount resulted in a reduction of the taxpayer's	142587
federal adjusted gross income as required to be reported for any	142588
of the taxpayer's taxable years under the Internal Revenue Code.	142589

(17) Deduct the amount contributed by the taxpayer to an	142590
individual development account program established by a county	142591
department of job and family services pursuant to sections 329.11	142592
to 329.14 of the Revised Code for the purpose of matching funds	142593
deposited by program participants. On request of the tax	142594
commissioner, the taxpayer shall provide any information that, in	142595
the tax commissioner's opinion, is necessary to establish the	142596
amount deducted under division (A)(17) of this section.	142597

(18) Beginning in taxable year 2001 but not for any taxable	142598
year beginning after December 31, 2005, if the taxpayer is married	142599
and files a joint return and the combined federal adjusted gross	142600
income of the taxpayer and the taxpayer's spouse for the taxable	142601
year does not exceed one hundred thousand dollars, or if the	142602
taxpayer is single and has a federal adjusted gross income for the	142603
taxable year not exceeding fifty thousand dollars, deduct amounts	142604
paid during the taxable year for qualified tuition and fees paid	142605
to an eligible institution for the taxpayer, the taxpayer's	142606
spouse, or any dependent of the taxpayer, who is a resident of	142607
this state and is enrolled in or attending a program that	142608
culminates in a degree or diploma at an eligible institution. The	142609
deduction may be claimed only to the extent that qualified tuition	142610
and fees are not otherwise deducted or excluded for any taxable	142611
year from federal or Ohio adjusted gross income. The deduction may	142612
not be claimed for educational expenses for which the taxpayer	142613
claims a credit under section 5747.27 of the Revised Code.	142614

(19) Add any reimbursement received during the taxable year	142615
of any amount the taxpayer deducted under division (A)(18) of this	142616
section in any previous taxable year to the extent the amount is	142617
not otherwise included in Ohio adjusted gross income.	142618

(20)(a)(i) Subject to divisions (A)(20)(a)(iii), (iv), and	142619
(v) of this section, add five-sixths of the amount of depreciation	142620
expense allowed by subsection (k) of section 168 of the Internal	142621
Revenue Code, including the taxpayer's proportionate or	142622
distributive share of the amount of depreciation expense allowed	142623
by that subsection to a pass-through entity in which the taxpayer	142624
has a direct or indirect ownership interest.	142625

(ii) Subject to divisions (A)(20)(a)(iii), (iv), and (v) of	142626
this section, add five-sixths of the amount of qualifying section	142627
179 depreciation expense, including the taxpayer's proportionate	142628
or distributive share of the amount of qualifying section 179	142629
depreciation expense allowed to any pass-through entity in which	142630
the taxpayer has a direct or indirect ownership interest.	142631

(iii) Subject to division (A)(20)(a)(v) of this section, for	142632
taxable years beginning in 2012 or thereafter, if the increase in	142633
income taxes withheld by the taxpayer is equal to or greater than	142634
ten per cent of income taxes withheld by the taxpayer during the	142635
taxpayer's immediately preceding taxable year, "two-thirds" shall	142636
be substituted for "five-sixths" for the purpose of divisions	142637
(A)(20)(a)(i) and (ii) of this section.	142638

(iv) Subject to division (A)(20)(a)(v) of this section, for	142639
taxable years beginning in 2012 or thereafter, a taxpayer is not	142640
required to add an amount under division (A)(20) of this section	142641
if the increase in income taxes withheld by the taxpayer and by	142642
any pass-through entity in which the taxpayer has a direct or	142643
indirect ownership interest is equal to or greater than the sum of	142644
(I) the amount of qualifying section 179 depreciation expense and	142645
(II) the amount of depreciation expense allowed to the taxpayer by	142646
subsection (k) of section 168 of the Internal Revenue Code, and	142647
including the taxpayer's proportionate or distributive shares of	142648
such amounts allowed to any such pass-through entities.	142649

(v) If a taxpayer directly or indirectly incurs a net	142650
operating loss for the taxable year for federal income tax	142651
purposes, to the extent such loss resulted from depreciation	142652
expense allowed by subsection (k) of section 168 of the Internal	142653
Revenue Code and by qualifying section 179 depreciation expense,	142654
"the entire" shall be substituted for "five-sixths of the" for the	142655
purpose of divisions (A)(20)(a)(i) and (ii) of this section.	142656

The tax commissioner, under procedures established by the	142657
commissioner, may waive the add-backs related to a pass-through	142658
entity if the taxpayer owns, directly or indirectly, less than	142659
five per cent of the pass-through entity.	142660

(b) Nothing in division (A)(20) of this section shall be	142661
construed to adjust or modify the adjusted basis of any asset.	142662

(c) To the extent the add-back required under division	142663
(A)(20)(a) of this section is attributable to property generating	142664
nonbusiness income or loss allocated under section 5747.20 of the	142665
Revised Code, the add-back shall be sitused to the same location	142666
as the nonbusiness income or loss generated by the property for	142667
the purpose of determining the credit under division (A) of	142668
section 5747.05 of the Revised Code. Otherwise, the add-back shall	142669
be apportioned, subject to one or more of the four alternative	142670
methods of apportionment enumerated in section 5747.21 of the	142671
Revised Code.	142672

(d) For the purposes of division (A)(20)(a)(v) of this	142673
section, net operating loss carryback and carryforward shall not	142674
include the allowance of any net operating loss deduction	142675
carryback or carryforward to the taxable year to the extent such	142676
loss resulted from depreciation allowed by section 168(k) of the	142677
Internal Revenue Code and by the qualifying section 179	142678
depreciation expense amount.	142679

(e) For the purposes of divisions (A)(20) and (21) of this	142680
section:	142681

(i) "Income taxes withheld" means the total amount withheld	142682
and remitted under sections 5747.06 and 5747.07 of the Revised	142683
Code by an employer during the employer's taxable year.	142684

(ii) "Increase in income taxes withheld" means the amount by	142685
which the amount of income taxes withheld by an employer during	142686
the employer's current taxable year exceeds the amount of income	142687
taxes withheld by that employer during the employer's immediately	142688
preceding taxable year.	142689

(iii) "Qualifying section 179 depreciation expense" means the	142690
difference between (I) the amount of depreciation expense directly	142691
or indirectly allowed to a taxpayer under section 179 of the	142692
Internal Revised Code, and (II) the amount of depreciation expense	142693
directly or indirectly allowed to the taxpayer under section 179	142694
of the Internal Revenue Code as that section existed on December	142695
31, 2002.	142696

(21)(a) If the taxpayer was required to add an amount under	142697
division (A)(20)(a) of this section for a taxable year, deduct one	142698
of the following:	142699

(i) One-fifth of the amount so added for each of the five	142700
succeeding taxable years if the amount so added was five-sixths of	142701
qualifying section 179 depreciation expense or depreciation	142702
expense allowed by subsection (k) of section 168 of the Internal	142703
Revenue Code;	142704

(ii) One-half of the amount so added for each of the two	142705
succeeding taxable years if the amount so added was two-thirds of	142706
such depreciation expense;	142707

(iii) One-sixth of the amount so added for each of the six	142708
succeeding taxable years if the entire amount of such depreciation	142709
expense was so added.	142710

(b) If the amount deducted under division (A)(21)(a) of this	142711
section is attributable to an add-back allocated under division	142712
(A)(20)(c) of this section, the amount deducted shall be sitused	142713
to the same location. Otherwise, the add-back shall be apportioned	142714
using the apportionment factors for the taxable year in which the	142715
deduction is taken, subject to one or more of the four alternative	142716
methods of apportionment enumerated in section 5747.21 of the	142717
Revised Code.	142718

(c) No deduction is available under division (A)(21)(a) of	142719
this section with regard to any depreciation allowed by section	142720
168(k) of the Internal Revenue Code and by the qualifying section	142721
179 depreciation expense amount to the extent that such	142722
depreciation results in or increases a federal net operating loss	142723
carryback or carryforward. If no such deduction is available for a	142724
taxable year, the taxpayer may carry forward the amount not	142725
deducted in such taxable year to the next taxable year and add	142726
that amount to any deduction otherwise available under division	142727
(A)(21)(a) of this section for that next taxable year. The	142728
carryforward of amounts not so deducted shall continue until the	142729
entire addition required by division (A)(20)(a) of this section	142730
has been deducted.	142731

(d) No refund shall be allowed as a result of adjustments	142732
made by division (A)(21) of this section.	142733

(22) Deduct, to the extent not otherwise deducted or excluded	142734
in computing federal or Ohio adjusted gross income for the taxable	142735
year, the amount the taxpayer received during the taxable year as	142736
reimbursement for life insurance premiums under section 5919.31 of	142737
the Revised Code.	142738

(23) Deduct, to the extent not otherwise deducted or excluded	142739
in computing federal or Ohio adjusted gross income for the taxable	142740
year, the amount the taxpayer received during the taxable year as	142741
a death benefit paid by the adjutant general under section 5919.33	142742
of the Revised Code.	142743

(24) Deduct, to the extent included in federal adjusted gross	142744
income and not otherwise allowable as a deduction or exclusion in	142745
computing federal or Ohio adjusted gross income for the taxable	142746
year, military pay and allowances received by the taxpayer during	142747
the taxable year for active duty service in the United States	142748
army, air force, navy, marine corps, or coast guard or reserve	142749
components thereof or the national guard. The deduction may not be	142750
claimed for military pay and allowances received by the taxpayer	142751
while the taxpayer is stationed in this state.	142752

(25) Deduct, to the extent not otherwise allowable as a	142753
deduction or exclusion in computing federal or Ohio adjusted gross	142754
income for the taxable year and not otherwise compensated for by	142755
any other source, the amount of qualified organ donation expenses	142756
incurred by the taxpayer during the taxable year, not to exceed	142757
ten thousand dollars. A taxpayer may deduct qualified organ	142758
donation expenses only once for all taxable years beginning with	142759
taxable years beginning in 2007.	142760

For the purposes of division (A)(25) of this section:

142761

(a) "Human organ" means all or any portion of a human liver,	142762
pancreas, kidney, intestine, or lung, and any portion of human	142763
bone marrow.	142764

(b) "Qualified organ donation expenses" means travel	142765
expenses, lodging expenses, and wages and salary forgone by a	142766
taxpayer in connection with the taxpayer's donation, while living,	142767
of one or more of the taxpayer's human organs to another human	142768
being.	142769

(26) Deduct, to the extent not otherwise deducted or excluded	142770
in computing federal or Ohio adjusted gross income for the taxable	142771
year, amounts received by the taxpayer as retired ~~military~~	142772
personnel pay for service in the ~~United States army, navy, air~~	142773
~~force, coast guard, or marine corps~~uniformed services or reserve	142774
components thereof, or the national guard, or received by the	142775
surviving spouse or former spouse of such a taxpayer under the	142776
survivor benefit plan on account of such a taxpayer's death. If	142777
the taxpayer receives income on account of retirement paid under	142778
the federal civil service retirement system or federal employees	142779
retirement system, or under any successor retirement program	142780
enacted by the congress of the United States that is established	142781
and maintained for retired employees of the United States	142782
government, and such retirement income is based, in whole or in	142783
part, on credit for the taxpayer's ~~military~~uniformed service, the	142784
deduction allowed under this division shall include only that	142785
portion of such retirement income that is attributable to the	142786
taxpayer's ~~military~~uniformed service, to the extent that portion	142787
of such retirement income is otherwise included in federal	142788
adjusted gross income and is not otherwise deducted under this	142789
section. Any amount deducted under division (A)(26) of this	142790
section is not included in a taxpayer's adjusted gross income for	142791
the purposes of section 5747.055 of the Revised Code. No amount	142792
may be deducted under division (A)(26) of this section on the	142793
basis of which a credit was claimed under section 5747.055 of the	142794
Revised Code.	142795

(27) Deduct, to the extent not otherwise deducted or excluded	142796
in computing federal or Ohio adjusted gross income for the taxable	142797
year, the amount the taxpayer received during the taxable year	142798
from the military injury relief fund created in section 5101.98 of	142799
the Revised Code.	142800

(28) Deduct, to the extent not otherwise deducted or excluded	142801
in computing federal or Ohio adjusted gross income for the taxable	142802
year, the amount the taxpayer received as a veterans bonus during	142803
the taxable year from the Ohio department of veterans services as	142804
authorized by Section 2r of Article VIII, Ohio Constitution.	142805

(29) ~~Deduct, to the extent not otherwise deducted or excluded~~	142806
~~in computing federal or Ohio adjusted gross income for the taxable~~	142807
~~year, any loss from wagering transactions that is allowed as an~~	142808
~~itemized deduction under section 165 of the Internal Revenue Code~~	142809
~~and that the taxpayer deducted in computing federal taxable~~	142810
~~income.~~	142811

~~(30)~~ Deduct, to the extent not otherwise deducted or excluded	142812
in computing federal or Ohio adjusted gross income for the taxable	142813
year, any income derived from a transfer agreement or from the	142814
enterprise transferred under that agreement under section 4313.02	142815
of the Revised Code.	142816

~~(31)~~(30) Deduct, to the extent not otherwise deducted or	142817
excluded in computing federal or Ohio adjusted gross income for	142818
the taxable year, Ohio college opportunity or federal Pell grant	142819
amounts received by the taxpayer or the taxpayer's spouse or	142820
dependent pursuant to section 3333.122 of the Revised Code or 20	142821
U.S.C. 1070a, et seq., and used to pay room or board furnished by	142822
the educational institution for which the grant was awarded at the	142823
institution's facilities, including meal plans administered by the	142824
institution. For the purposes of this division, receipt of a grant	142825
includes the distribution of a grant directly to an educational	142826
institution and the crediting of the grant to the enrollee's	142827
account with the institution.	142828

(31) Deduct one-half of the taxpayer's Ohio small business	142829
investor income, the deduction not to exceed sixty-two thousand	142830
five hundred dollars for each spouse if spouses file separate	142831
returns under section 5747.08 of the Revised Code or one hundred	142832
twenty-five thousand dollars for all other taxpayers. No	142833
pass-through entity may claim a deduction under this division.	142834

For the purposes of this division, "Ohio small business	142835
investor income" means the portion of a taxpayer's adjusted gross	142836
income that is business income reduced by deductions from business	142837
income and apportioned or allocated to this state under sections	142838
5747.21 and 5747.22 of the Revised Code, to the extent not	142839
otherwise deducted or excluded in computing federal or Ohio	142840
adjusted gross income for the taxable year.	142841

(32) To the extent included in federal adjusted gross income,	142842
deduct the fair market value of services provided free of charge	142843
by dentists and dental hygienists under the hope for a smile	142844
program established in section 3701.139 of the Revised Code.	142845

(B) "Business income" means income, including gain or loss,	142846
arising from transactions, activities, and sources in the regular	142847
course of a trade or business and includes income, gain, or loss	142848
from real property, tangible property, and intangible property if	142849
the acquisition, rental, management, and disposition of the	142850
property constitute integral parts of the regular course of a	142851
trade or business operation. "Business income" includes income,	142852
including gain or loss, from a partial or complete liquidation of	142853
a business, including, but not limited to, gain or loss from the	142854
sale or other disposition of goodwill.	142855

(C) "Nonbusiness income" means all income other than business	142856
income and may include, but is not limited to, compensation, rents	142857
and royalties from real or tangible personal property, capital	142858
gains, interest, dividends and distributions, patent or copyright	142859
royalties, or lottery winnings, prizes, and awards.	142860

(D) "Compensation" means any form of remuneration paid to an	142861
employee for personal services.	142862

(E) "Fiduciary" means a guardian, trustee, executor,	142863
administrator, receiver, conservator, or any other person acting	142864
in any fiduciary capacity for any individual, trust, or estate.	142865

(F) "Fiscal year" means an accounting period of twelve months	142866
ending on the last day of any month other than December.	142867

(G) "Individual" means any natural person.

142868

(H) "Internal Revenue Code" means the "Internal Revenue Code	142869
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	142870

(I) "Resident" means any of the following, provided that	142871
division (I)(3) of this section applies only to taxable years of a	142872
trust beginning in 2002 or thereafter:	142873

(1) An individual who is domiciled in this state, subject to	142874
section 5747.24 of the Revised Code;	142875

(2) The estate of a decedent who at the time of death was	142876
domiciled in this state. The domicile tests of section 5747.24 of	142877
the Revised Code are not controlling for purposes of division	142878
(I)(2) of this section.	142879

(3) A trust that, in whole or part, resides in this state. If	142880
only part of a trust resides in this state, the trust is a	142881
resident only with respect to that part.	142882

For the purposes of division (I)(3) of this section:

142883

(a) A trust resides in this state for the trust's current	142884
taxable year to the extent, as described in division (I)(3)(d) of	142885
this section, that the trust consists directly or indirectly, in	142886
whole or in part, of assets, net of any related liabilities, that	142887
were transferred, or caused to be transferred, directly or	142888
indirectly, to the trust by any of the following:	142889

(i) A person, a court, or a governmental entity or	142890
instrumentality on account of the death of a decedent, but only if	142891
the trust is described in division (I)(3)(e)(i) or (ii) of this	142892
section;	142893

(ii) A person who was domiciled in this state for the	142894
purposes of this chapter when the person directly or indirectly	142895
transferred assets to an irrevocable trust, but only if at least	142896
one of the trust's qualifying beneficiaries is domiciled in this	142897
state for the purposes of this chapter during all or some portion	142898
of the trust's current taxable year;	142899

(iii) A person who was domiciled in this state for the	142900
purposes of this chapter when the trust document or instrument or	142901
part of the trust document or instrument became irrevocable, but	142902
only if at least one of the trust's qualifying beneficiaries is a	142903
resident domiciled in this state for the purposes of this chapter	142904
during all or some portion of the trust's current taxable year. If	142905
a trust document or instrument became irrevocable upon the death	142906
of a person who at the time of death was domiciled in this state	142907
for purposes of this chapter, that person is a person described in	142908
division (I)(3)(a)(iii) of this section.	142909

(b) A trust is irrevocable to the extent that the transferor	142910
is not considered to be the owner of the net assets of the trust	142911
under sections 671 to 678 of the Internal Revenue Code.	142912

(c) With respect to a trust other than a charitable lead	142913
trust, "qualifying beneficiary" has the same meaning as "potential	142914
current beneficiary" as defined in section 1361(e)(2) of the	142915
Internal Revenue Code, and with respect to a charitable lead trust	142916
"qualifying beneficiary" is any current, future, or contingent	142917
beneficiary, but with respect to any trust "qualifying	142918
beneficiary" excludes a person or a governmental entity or	142919
instrumentality to any of which a contribution would qualify for	142920
the charitable deduction under section 170 of the Internal Revenue	142921
Code.	142922

(d) For the purposes of division (I)(3)(a) of this section,	142923
the extent to which a trust consists directly or indirectly, in	142924
whole or in part, of assets, net of any related liabilities, that	142925
were transferred directly or indirectly, in whole or part, to the	142926
trust by any of the sources enumerated in that division shall be	142927
ascertained by multiplying the fair market value of the trust's	142928
assets, net of related liabilities, by the qualifying ratio, which	142929
shall be computed as follows:	142930

(i) The first time the trust receives assets, the numerator	142931
of the qualifying ratio is the fair market value of those assets	142932
at that time, net of any related liabilities, from sources	142933
enumerated in division (I)(3)(a) of this section. The denominator	142934
of the qualifying ratio is the fair market value of all the	142935
trust's assets at that time, net of any related liabilities.	142936

(ii) Each subsequent time the trust receives assets, a	142937
revised qualifying ratio shall be computed. The numerator of the	142938
revised qualifying ratio is the sum of (1) the fair market value	142939
of the trust's assets immediately prior to the subsequent	142940
transfer, net of any related liabilities, multiplied by the	142941
qualifying ratio last computed without regard to the subsequent	142942
transfer, and (2) the fair market value of the subsequently	142943
transferred assets at the time transferred, net of any related	142944
liabilities, from sources enumerated in division (I)(3)(a) of this	142945
section. The denominator of the revised qualifying ratio is the	142946
fair market value of all the trust's assets immediately after the	142947
subsequent transfer, net of any related liabilities.	142948

(iii) Whether a transfer to the trust is by or from any of	142949
the sources enumerated in division (I)(3)(a) of this section shall	142950
be ascertained without regard to the domicile of the trust's	142951
beneficiaries.	142952

(e) For the purposes of division (I)(3)(a)(i) of this	142953
section:	142954

(i) A trust is described in division (I)(3)(e)(i) of this	142955
section if the trust is a testamentary trust and the testator of	142956
that testamentary trust was domiciled in this state at the time of	142957
the testator's death for purposes of the taxes levied under	142958
Chapter 5731. of the Revised Code.	142959

(ii) A trust is described in division (I)(3)(e)(ii) of this	142960
section if the transfer is a qualifying transfer described in any	142961
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	142962
irrevocable inter vivos trust, and at least one of the trust's	142963
qualifying beneficiaries is domiciled in this state for purposes	142964
of this chapter during all or some portion of the trust's current	142965
taxable year.	142966

(f) For the purposes of division (I)(3)(e)(ii) of this	142967
section, a "qualifying transfer" is a transfer of assets, net of	142968
any related liabilities, directly or indirectly to a trust, if the	142969
transfer is described in any of the following:	142970

(i) The transfer is made to a trust, created by the decedent	142971
before the decedent's death and while the decedent was domiciled	142972
in this state for the purposes of this chapter, and, prior to the	142973
death of the decedent, the trust became irrevocable while the	142974
decedent was domiciled in this state for the purposes of this	142975
chapter.	142976

(ii) The transfer is made to a trust to which the decedent,	142977
prior to the decedent's death, had directly or indirectly	142978
transferred assets, net of any related liabilities, while the	142979
decedent was domiciled in this state for the purposes of this	142980
chapter, and prior to the death of the decedent the trust became	142981
irrevocable while the decedent was domiciled in this state for the	142982
purposes of this chapter.	142983

(iii) The transfer is made on account of a contractual	142984
relationship existing directly or indirectly between the	142985
transferor and either the decedent or the estate of the decedent	142986
at any time prior to the date of the decedent's death, and the	142987
decedent was domiciled in this state at the time of death for	142988
purposes of the taxes levied under Chapter 5731. of the Revised	142989
Code.	142990

(iv) The transfer is made to a trust on account of a	142991
contractual relationship existing directly or indirectly between	142992
the transferor and another person who at the time of the	142993
decedent's death was domiciled in this state for purposes of this	142994
chapter.	142995

(v) The transfer is made to a trust on account of the will of	142996
a testator who was domiciled in this state at the time of the	142997
testator's death for purposes of the taxes levied under Chapter	142998
5731. of the Revised Code.	142999

(vi) The transfer is made to a trust created by or caused to	143000
be created by a court, and the trust was directly or indirectly	143001
created in connection with or as a result of the death of an	143002
individual who, for purposes of the taxes levied under Chapter	143003
5731. of the Revised Code, was domiciled in this state at the time	143004
of the individual's death.	143005

(g) The tax commissioner may adopt rules to ascertain the	143006
part of a trust residing in this state.	143007

(J) "Nonresident" means an individual or estate that is not a	143008
resident. An individual who is a resident for only part of a	143009
taxable year is a nonresident for the remainder of that taxable	143010
year.	143011

(K) "Pass-through entity" has the same meaning as in section	143012
5733.04 of the Revised Code.	143013

(L) "Return" means the notifications and reports required to	143014
be filed pursuant to this chapter for the purpose of reporting the	143015
tax due and includes declarations of estimated tax when so	143016
required.	143017

(M) "Taxable year" means the calendar year or the taxpayer's	143018
fiscal year ending during the calendar year, or fractional part	143019
thereof, upon which the adjusted gross income is calculated	143020
pursuant to this chapter.	143021

(N) "Taxpayer" means any person subject to the tax imposed by	143022
section 5747.02 of the Revised Code or any pass-through entity	143023
that makes the election under division (D) of section 5747.08 of	143024
the Revised Code.	143025

(O) "Dependents" means dependents as defined in the Internal	143026
Revenue Code and as claimed in the taxpayer's federal income tax	143027
return for the taxable year or which the taxpayer would have been	143028
permitted to claim had the taxpayer filed a federal income tax	143029
return.	143030

(P) "Principal county of employment" means, in the case of a	143031
nonresident, the county within the state in which a taxpayer	143032
performs services for an employer or, if those services are	143033
performed in more than one county, the county in which the major	143034
portion of the services are performed.	143035

(Q) As used in sections 5747.50 to 5747.55 of the Revised	143036
Code:	143037

(1) "Subdivision" means any county, municipal corporation,	143038
park district, or township.	143039

(2) "Essential local government purposes" includes all	143040
functions that any subdivision is required by general law to	143041
exercise, including like functions that are exercised under a	143042
charter adopted pursuant to the Ohio Constitution.	143043

(R) "Overpayment" means any amount already paid that exceeds	143044
the figure determined to be the correct amount of the tax.	143045

(S) "Taxable income" or "Ohio taxable income" applies only to	143046
estates and trusts, and means federal taxable income, as defined	143047
and used in the Internal Revenue Code, adjusted as follows:	143048

(1) Add interest or dividends, net of ordinary, necessary,	143049
and reasonable expenses not deducted in computing federal taxable	143050
income, on obligations or securities of any state or of any	143051
political subdivision or authority of any state, other than this	143052
state and its subdivisions and authorities, but only to the extent	143053
that such net amount is not otherwise includible in Ohio taxable	143054
income and is described in either division (S)(1)(a) or (b) of	143055
this section:	143056

(a) The net amount is not attributable to the S portion of an	143057
electing small business trust and has not been distributed to	143058
beneficiaries for the taxable year;	143059

(b) The net amount is attributable to the S portion of an	143060
electing small business trust for the taxable year.	143061

(2) Add interest or dividends, net of ordinary, necessary,	143062
and reasonable expenses not deducted in computing federal taxable	143063
income, on obligations of any authority, commission,	143064
instrumentality, territory, or possession of the United States to	143065
the extent that the interest or dividends are exempt from federal	143066
income taxes but not from state income taxes, but only to the	143067
extent that such net amount is not otherwise includible in Ohio	143068
taxable income and is described in either division (S)(1)(a) or	143069
(b) of this section;	143070

(3) Add the amount of personal exemption allowed to the	143071
estate pursuant to section 642(b) of the Internal Revenue Code;	143072

(4) Deduct interest or dividends, net of related expenses	143073
deducted in computing federal taxable income, on obligations of	143074
the United States and its territories and possessions or of any	143075
authority, commission, or instrumentality of the United States to	143076
the extent that the interest or dividends are exempt from state	143077
taxes under the laws of the United States, but only to the extent	143078
that such amount is included in federal taxable income and is	143079
described in either division (S)(1)(a) or (b) of this section;	143080

(5) Deduct the amount of wages and salaries, if any, not	143081
otherwise allowable as a deduction but that would have been	143082
allowable as a deduction in computing federal taxable income for	143083
the taxable year, had the targeted jobs credit allowed under	143084
sections 38, 51, and 52 of the Internal Revenue Code not been in	143085
effect, but only to the extent such amount relates either to	143086
income included in federal taxable income for the taxable year or	143087
to income of the S portion of an electing small business trust for	143088
the taxable year;	143089

(6) Deduct any interest or interest equivalent, net of	143090
related expenses deducted in computing federal taxable income, on	143091
public obligations and purchase obligations, but only to the	143092
extent that such net amount relates either to income included in	143093
federal taxable income for the taxable year or to income of the S	143094
portion of an electing small business trust for the taxable year;	143095

(7) Add any loss or deduct any gain resulting from sale,	143096
exchange, or other disposition of public obligations to the extent	143097
that such loss has been deducted or such gain has been included in	143098
computing either federal taxable income or income of the S portion	143099
of an electing small business trust for the taxable year;	143100

(8) Except in the case of the final return of an estate, add	143101
any amount deducted by the taxpayer on both its Ohio estate tax	143102
return pursuant to section 5731.14 of the Revised Code, and on its	143103
federal income tax return in determining federal taxable income;	143104

(9)(a) Deduct any amount included in federal taxable income	143105
solely because the amount represents a reimbursement or refund of	143106
expenses that in a previous year the decedent had deducted as an	143107
itemized deduction pursuant to section 63 of the Internal Revenue	143108
Code and applicable treasury regulations. The deduction otherwise	143109
allowed under division (S)(9)(a) of this section shall be reduced	143110
to the extent the reimbursement is attributable to an amount the	143111
taxpayer or decedent deducted under this section in any taxable	143112
year.	143113

(b) Add any amount not otherwise included in Ohio taxable	143114
income for any taxable year to the extent that the amount is	143115
attributable to the recovery during the taxable year of any amount	143116
deducted or excluded in computing federal or Ohio taxable income	143117
in any taxable year, but only to the extent such amount has not	143118
been distributed to beneficiaries for the taxable year.	143119

(10) Deduct any portion of the deduction described in section	143120
1341(a)(2) of the Internal Revenue Code, for repaying previously	143121
reported income received under a claim of right, that meets both	143122
of the following requirements:	143123

(a) It is allowable for repayment of an item that was	143124
included in the taxpayer's taxable income or the decedent's	143125
adjusted gross income for a prior taxable year and did not qualify	143126
for a credit under division (A) or (B) of section 5747.05 of the	143127
Revised Code for that year.	143128

(b) It does not otherwise reduce the taxpayer's taxable	143129
income or the decedent's adjusted gross income for the current or	143130
any other taxable year.	143131

(11) Add any amount claimed as a credit under section	143132
5747.059 or 5747.65 of the Revised Code to the extent that the	143133
amount satisfies either of the following:	143134

(a) The amount was deducted or excluded from the computation	143135
of the taxpayer's federal taxable income as required to be	143136
reported for the taxpayer's taxable year under the Internal	143137
Revenue Code;	143138

(b) The amount resulted in a reduction in the taxpayer's	143139
federal taxable income as required to be reported for any of the	143140
taxpayer's taxable years under the Internal Revenue Code.	143141

(12) Deduct any amount, net of related expenses deducted in	143142
computing federal taxable income, that a trust is required to	143143
report as farm income on its federal income tax return, but only	143144
if the assets of the trust include at least ten acres of land	143145
satisfying the definition of "land devoted exclusively to	143146
agricultural use" under section 5713.30 of the Revised Code,	143147
regardless of whether the land is valued for tax purposes as such	143148
land under sections 5713.30 to 5713.38 of the Revised Code. If the	143149
trust is a pass-through entity investor, section 5747.231 of the	143150
Revised Code applies in ascertaining if the trust is eligible to	143151
claim the deduction provided by division (S)(12) of this section	143152
in connection with the pass-through entity's farm income.	143153

Except for farm income attributable to the S portion of an	143154
electing small business trust, the deduction provided by division	143155
(S)(12) of this section is allowed only to the extent that the	143156
trust has not distributed such farm income. Division (S)(12) of	143157
this section applies only to taxable years of a trust beginning in	143158
2002 or thereafter.	143159

(13) Add the net amount of income described in section 641(c)	143160
of the Internal Revenue Code to the extent that amount is not	143161
included in federal taxable income.	143162

(14) Add or deduct the amount the taxpayer would be required	143163
to add or deduct under division (A)(20) or (21) of this section if	143164
the taxpayer's Ohio taxable income were computed in the same	143165
manner as an individual's Ohio adjusted gross income is computed	143166
under this section. In the case of a trust, division (S)(14) of	143167
this section applies only to any of the trust's taxable years	143168
beginning in 2002 or thereafter.	143169

(T) "School district income" and "school district income tax"	143170
have the same meanings as in section 5748.01 of the Revised Code.	143171

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	143172
of this section, "public obligations," "purchase obligations," and	143173
"interest or interest equivalent" have the same meanings as in	143174
section 5709.76 of the Revised Code.	143175

(V) "Limited liability company" means any limited liability	143176
company formed under Chapter 1705. of the Revised Code or under	143177
the laws of any other state.	143178

(W) "Pass-through entity investor" means any person who,	143179
during any portion of a taxable year of a pass-through entity, is	143180
a partner, member, shareholder, or equity investor in that	143181
pass-through entity.	143182

(X) "Banking day" has the same meaning as in section 1304.01	143183
of the Revised Code.	143184

(Y) "Month" means a calendar month.

143185

(Z) "Quarter" means the first three months, the second three	143186
months, the third three months, or the last three months of the	143187
taxpayer's taxable year.	143188

(AA)(1) "Eligible institution" means a state university or	143189
state institution of higher education as defined in section	143190
3345.011 of the Revised Code, or a private, nonprofit college,	143191
university, or other post-secondary institution located in this	143192
state that possesses a certificate of authorization issued by the	143193
Ohio board of regents pursuant to Chapter 1713. of the Revised	143194
Code or a certificate of registration issued by the state board of	143195
career colleges and schools under Chapter 3332. of the Revised	143196
Code.	143197

(2) "Qualified tuition and fees" means tuition and fees	143198
imposed by an eligible institution as a condition of enrollment or	143199
attendance, not exceeding two thousand five hundred dollars in	143200
each of the individual's first two years of post-secondary	143201
education. If the individual is a part-time student, "qualified	143202
tuition and fees" includes tuition and fees paid for the academic	143203
equivalent of the first two years of post-secondary education	143204
during a maximum of five taxable years, not exceeding a total of	143205
five thousand dollars. "Qualified tuition and fees" does not	143206
include:	143207

(a) Expenses for any course or activity involving sports,	143208
games, or hobbies unless the course or activity is part of the	143209
individual's degree or diploma program;	143210

(b) The cost of books, room and board, student activity fees,	143211
athletic fees, insurance expenses, or other expenses unrelated to	143212
the individual's academic course of instruction;	143213

(c) Tuition, fees, or other expenses paid or reimbursed	143214
through an employer, scholarship, grant in aid, or other	143215
educational benefit program.	143216

(BB)(1) "Modified business income" means the business income	143217
included in a trust's Ohio taxable income after such taxable	143218
income is first reduced by the qualifying trust amount, if any.	143219

(2) "Qualifying trust amount" of a trust means capital gains	143220
and losses from the sale, exchange, or other disposition of equity	143221
or ownership interests in, or debt obligations of, a qualifying	143222
investee to the extent included in the trust's Ohio taxable	143223
income, but only if the following requirements are satisfied:	143224

(a) The book value of the qualifying investee's physical	143225
assets in this state and everywhere, as of the last day of the	143226
qualifying investee's fiscal or calendar year ending immediately	143227
prior to the date on which the trust recognizes the gain or loss,	143228
is available to the trust.	143229

(b) The requirements of section 5747.011 of the Revised Code	143230
are satisfied for the trust's taxable year in which the trust	143231
recognizes the gain or loss.	143232

Any gain or loss that is not a qualifying trust amount is	143233
modified business income, qualifying investment income, or	143234
modified nonbusiness income, as the case may be.	143235

(3) "Modified nonbusiness income" means a trust's Ohio	143236
taxable income other than modified business income, other than the	143237
qualifying trust amount, and other than qualifying investment	143238
income, as defined in section 5747.012 of the Revised Code, to the	143239
extent such qualifying investment income is not otherwise part of	143240
modified business income.	143241

(4) "Modified Ohio taxable income" applies only to trusts,	143242
and means the sum of the amounts described in divisions (BB)(4)(a)	143243
to (c) of this section:	143244

(a) The fraction, calculated under section 5747.013, and	143245
applying section 5747.231 of the Revised Code, multiplied by the	143246
sum of the following amounts:	143247

(i) The trust's modified business income;

143248

(ii) The trust's qualifying investment income, as defined in	143249
section 5747.012 of the Revised Code, but only to the extent the	143250
qualifying investment income does not otherwise constitute	143251
modified business income and does not otherwise constitute a	143252
qualifying trust amount.	143253

(b) The qualifying trust amount multiplied by a fraction, the	143254
numerator of which is the sum of the book value of the qualifying	143255
investee's physical assets in this state on the last day of the	143256
qualifying investee's fiscal or calendar year ending immediately	143257
prior to the day on which the trust recognizes the qualifying	143258
trust amount, and the denominator of which is the sum of the book	143259
value of the qualifying investee's total physical assets	143260
everywhere on the last day of the qualifying investee's fiscal or	143261
calendar year ending immediately prior to the day on which the	143262
trust recognizes the qualifying trust amount. If, for a taxable	143263
year, the trust recognizes a qualifying trust amount with respect	143264
to more than one qualifying investee, the amount described in	143265
division (BB)(4)(b) of this section shall equal the sum of the	143266
products so computed for each such qualifying investee.	143267

(c)(i) With respect to a trust or portion of a trust that is	143268
a resident as ascertained in accordance with division (I)(3)(d) of	143269
this section, its modified nonbusiness income.	143270

(ii) With respect to a trust or portion of a trust that is	143271
not a resident as ascertained in accordance with division	143272
(I)(3)(d) of this section, the amount of its modified nonbusiness	143273
income satisfying the descriptions in divisions (B)(2) to (5) of	143274
section 5747.20 of the Revised Code, except as otherwise provided	143275
in division (BB)(4)(c)(ii) of this section. With respect to a	143276
trust or portion of a trust that is not a resident as ascertained	143277
in accordance with division (I)(3)(d) of this section, the trust's	143278
portion of modified nonbusiness income recognized from the sale,	143279
exchange, or other disposition of a debt interest in or equity	143280
interest in a section 5747.212 entity, as defined in section	143281
5747.212 of the Revised Code, without regard to division (A) of	143282
that section, shall not be allocated to this state in accordance	143283
with section 5747.20 of the Revised Code but shall be apportioned	143284
to this state in accordance with division (B) of section 5747.212	143285
of the Revised Code without regard to division (A) of that	143286
section.	143287

If the allocation and apportionment of a trust's income under	143288
divisions (BB)(4)(a) and (c) of this section do not fairly	143289
represent the modified Ohio taxable income of the trust in this	143290
state, the alternative methods described in division (C) of	143291
section 5747.21 of the Revised Code may be applied in the manner	143292
and to the same extent provided in that section.	143293

(5)(a) Except as set forth in division (BB)(5)(b) of this	143294
section, "qualifying investee" means a person in which a trust has	143295
an equity or ownership interest, or a person or unit of government	143296
the debt obligations of either of which are owned by a trust. For	143297
the purposes of division (BB)(2)(a) of this section and for the	143298
purpose of computing the fraction described in division (BB)(4)(b)	143299
of this section, all of the following apply:	143300

(i) If the qualifying investee is a member of a qualifying	143301
controlled group on the last day of the qualifying investee's	143302
fiscal or calendar year ending immediately prior to the date on	143303
which the trust recognizes the gain or loss, then "qualifying	143304
investee" includes all persons in the qualifying controlled group	143305
on such last day.	143306

(ii) If the qualifying investee, or if the qualifying	143307
investee and any members of the qualifying controlled group of	143308
which the qualifying investee is a member on the last day of the	143309
qualifying investee's fiscal or calendar year ending immediately	143310
prior to the date on which the trust recognizes the gain or loss,	143311
separately or cumulatively own, directly or indirectly, on the	143312
last day of the qualifying investee's fiscal or calendar year	143313
ending immediately prior to the date on which the trust recognizes	143314
the qualifying trust amount, more than fifty per cent of the	143315
equity of a pass-through entity, then the qualifying investee and	143316
the other members are deemed to own the proportionate share of the	143317
pass-through entity's physical assets which the pass-through	143318
entity directly or indirectly owns on the last day of the	143319
pass-through entity's calendar or fiscal year ending within or	143320
with the last day of the qualifying investee's fiscal or calendar	143321
year ending immediately prior to the date on which the trust	143322
recognizes the qualifying trust amount.	143323

(iii) For the purposes of division (BB)(5)(a)(iii) of this	143324
section, "upper level pass-through entity" means a pass-through	143325
entity directly or indirectly owning any equity of another	143326
pass-through entity, and "lower level pass-through entity" means	143327
that other pass-through entity.	143328

An upper level pass-through entity, whether or not it is also	143329
a qualifying investee, is deemed to own, on the last day of the	143330
upper level pass-through entity's calendar or fiscal year, the	143331
proportionate share of the lower level pass-through entity's	143332
physical assets that the lower level pass-through entity directly	143333
or indirectly owns on the last day of the lower level pass-through	143334
entity's calendar or fiscal year ending within or with the last	143335
day of the upper level pass-through entity's fiscal or calendar	143336
year. If the upper level pass-through entity directly and	143337
indirectly owns less than fifty per cent of the equity of the	143338
lower level pass-through entity on each day of the upper level	143339
pass-through entity's calendar or fiscal year in which or with	143340
which ends the calendar or fiscal year of the lower level	143341
pass-through entity and if, based upon clear and convincing	143342
evidence, complete information about the location and cost of the	143343
physical assets of the lower pass-through entity is not available	143344
to the upper level pass-through entity, then solely for purposes	143345
of ascertaining if a gain or loss constitutes a qualifying trust	143346
amount, the upper level pass-through entity shall be deemed as	143347
owning no equity of the lower level pass-through entity for each	143348
day during the upper level pass-through entity's calendar or	143349
fiscal year in which or with which ends the lower level	143350
pass-through entity's calendar or fiscal year. Nothing in division	143351
(BB)(5)(a)(iii) of this section shall be construed to provide for	143352
any deduction or exclusion in computing any trust's Ohio taxable	143353
income.	143354

(b) With respect to a trust that is not a resident for the	143355
taxable year and with respect to a part of a trust that is not a	143356
resident for the taxable year, "qualifying investee" for that	143357
taxable year does not include a C corporation if both of the	143358
following apply:	143359

(i) During the taxable year the trust or part of the trust	143360
recognizes a gain or loss from the sale, exchange, or other	143361
disposition of equity or ownership interests in, or debt	143362
obligations of, the C corporation.	143363

(ii) Such gain or loss constitutes nonbusiness income.

143364

(6) "Available" means information is such that a person is	143365
able to learn of the information by the due date plus extensions,	143366
if any, for filing the return for the taxable year in which the	143367
trust recognizes the gain or loss.	143368

(CC) "Qualifying controlled group" has the same meaning as in	143369
section 5733.04 of the Revised Code.	143370

(DD) "Related member" has the same meaning as in section	143371
5733.042 of the Revised Code.	143372

(EE)(1) For the purposes of division (EE) of this section:

143373

(a) "Qualifying person" means any person other than a	143374
qualifying corporation.	143375

(b) "Qualifying corporation" means any person classified for	143376
federal income tax purposes as an association taxable as a	143377
corporation, except either of the following:	143378

(i) A corporation that has made an election under subchapter	143379
S, chapter one, subtitle A, of the Internal Revenue Code for its	143380
taxable year ending within, or on the last day of, the investor's	143381
taxable year;	143382

(ii) A subsidiary that is wholly owned by any corporation	143383
that has made an election under subchapter S, chapter one,	143384
subtitle A of the Internal Revenue Code for its taxable year	143385
ending within, or on the last day of, the investor's taxable year.	143386

(2) For the purposes of this chapter, unless expressly stated	143387
otherwise, no qualifying person indirectly owns any asset directly	143388
or indirectly owned by any qualifying corporation.	143389

(FF) For purposes of this chapter and Chapter 5751. of the	143390
Revised Code:	143391

(1) "Trust" does not include a qualified pre-income tax	143392
trust.	143393

(2) A "qualified pre-income tax trust" is any pre-income tax	143394
trust that makes a qualifying pre-income tax trust election as	143395
described in division (FF)(3) of this section.	143396

(3) A "qualifying pre-income tax trust election" is an	143397
election by a pre-income tax trust to subject to the tax imposed	143398
by section 5751.02 of the Revised Code the pre-income tax trust	143399
and all pass-through entities of which the trust owns or controls,	143400
directly, indirectly, or constructively through related interests,	143401
five per cent or more of the ownership or equity interests. The	143402
trustee shall notify the tax commissioner in writing of the	143403
election on or before April 15, 2006. The election, if timely	143404
made, shall be effective on and after January 1, 2006, and shall	143405
apply for all tax periods and tax years until revoked by the	143406
trustee of the trust.	143407

(4) A "pre-income tax trust" is a trust that satisfies all of	143408
the following requirements:	143409

(a) The document or instrument creating the trust was	143410
executed by the grantor before January 1, 1972;	143411

(b) The trust became irrevocable upon the creation of the	143412
trust; and	143413

(c) The grantor was domiciled in this state at the time the	143414
trust was created.	143415

(GG) "Uniformed services" has the same meaning as in 10	143416
U.S.C. 101.	143417

Sec. 5747.02. (A) For the purpose of providing revenue for	143418
the support of schools and local government functions, to provide	143419
relief to property taxpayers, to provide revenue for the general	143420
revenue fund, and to meet the expenses of administering the tax	143421
levied by this chapter, there is hereby levied on every	143422
individual, trust, and estate residing in or earning or receiving	143423
income in this state, on every individual, trust, and estate	143424
earning or receiving lottery winnings, prizes, or awards pursuant	143425
to Chapter 3770. of the Revised Code, on every individual, trust,	143426
and estate earning or receiving winnings on casino gaming, and on	143427
every individual, trust, and estate otherwise having nexus with or	143428
in this state under the Constitution of the United States, an	143429
annual tax measured in the case of individuals by Ohio adjusted	143430
gross income less an exemption for the taxpayer, the taxpayer's	143431
spouse, and each dependent as provided in section 5747.025 of the	143432
Revised Code; measured in the case of trusts by modified Ohio	143433
taxable income under division (D) of this section; and measured in	143434
the case of estates by Ohio taxable income. The tax imposed by	143435
this section on the balance thus obtained is hereby levied as	143436
follows:	143437

(1) For taxable years beginning in 2004:

143438

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		143439
OR		143440
MODIFIED OHIO		143441
TAXABLE INCOME (TRUSTS)		143442
OR		143443
OHIO TAXABLE INCOME (ESTATES)	TAX	143444

$5,000 or less	.743%	143445
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	143446
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	143447
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	143448
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	143449
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	143450
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	143451
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	143452
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	143453

(2) For taxable years beginning in 2005:

143454

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		143455
OR		143456
MODIFIED OHIO		143457
TAXABLE INCOME (TRUSTS)		143458
OR		143459
OHIO TAXABLE INCOME (ESTATES)	TAX	143460

$5,000 or less	.712%	143461
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	143462
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	143463
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	143464
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	143465
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	143466
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	143467
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	143468
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	143469

(3) For taxable years beginning in 2006:

143470

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		143471
OR		143472
MODIFIED OHIO		143473
TAXABLE INCOME (TRUSTS)		143474
OR		143475
OHIO TAXABLE INCOME (ESTATES)	TAX	143476

$5,000 or less	.681%	143477
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	143478
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	143479
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	143480
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	143481
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	143482
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	143483
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	143484
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	143485

(4) For taxable years beginning in 2007:

143486

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		143487
OR		143488
MODIFIED OHIO		143489
TAXABLE INCOME (TRUSTS)		143490
OR		143491
OHIO TAXABLE INCOME (ESTATES)	TAX	143492

$5,000 or less	.649%	143493
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	143494
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	143495
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	143496
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	143497
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	143498
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	143499
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	143500
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	143501

(5) For taxable years beginning in 2008, 2009, or 2010:

143502

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		143503
OR		143504
MODIFIED OHIO		143505
TAXABLE INCOME (TRUSTS)		143506
OR		143507
OHIO TAXABLE INCOME (ESTATES)	TAX	143508

$5,000 or less	.618%	143509
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	143510
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	143511
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	143512
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	143513
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	143514
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	143515
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	143516
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	143517

(6) For taxable years beginning in 2011 or ~~thereafter~~2012:

143518

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		143519
OR		143520
MODIFIED OHIO		143521
TAXABLE INCOME (TRUSTS)		143522
OR		143523
OHIO TAXABLE INCOME (ESTATES)	TAX	143524

$5,000 or less	.587%	143525
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	143526
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	143527
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	143528
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	143529
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	143530
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	143531
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	143532
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	143533

(7) For taxable years beginning in 2013:

143534

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		143535
OR		143536
MODIFIED OHIO		143537
TAXABLE INCOME (TRUSTS)		143538
OR		143539
OHIO TAXABLE INCOME (ESTATES)	TAX	143540

$5,000 or less	.537%	143541
More than $5,000 but not more than $10,000	$26.86 plus 1.074% of the amount in excess of $5,000	143542
More than $10,000 but not more than $15,000	$80.57 plus 2.148% of the amount in excess of $10,000	143543
More than $15,000 but not more than $20,000	$187.99 plus 2.686% of the amount in excess of $15,000	143544
More than $20,000 but not more than $40,000	$322.26 plus 3.222% of the amount in excess of $20,000	143545
More than $40,000 but not more than $80,000	$966.61 plus 3.760% of the amount in excess of $40,000	143546
More than $80,000 but not more than $100,000	$2,470.50 plus 4.296% of the amount in excess of $80,000	143547
More than $100,000 but not more than $200,000	$3,329.68 plus 4.988% of the amount in excess of $100,000	143548
More than $200,000	$8,317.35 plus 5.421% of the amount in excess of $200,000	143549

(8) For taxable years beginning in 2014:

143550

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		143551
OR		143552
MODIFIED OHIO		143553
TAXABLE INCOME (TRUSTS)		143554
OR		143555
OHIO TAXABLE INCOME (ESTATES)	TAX	143556

$5,000 or less	.534%	143557
More than $5,000 but not more than $10,000	$26.71 plus 1.068% of the amount in excess of $5,000	143558
More than $10,000 but not more than $15,000	$80.13 plus 2.137% of the amount in excess of $10,000	143559
More than $15,000 but not more than $20,000	$186.96 plus 2.671% of the amount in excess of $15,000	143560
More than $20,000 but not more than $40,000	$320.50 plus 3.204% of the amount in excess of $20,000	143561
More than $40,000 but not more than $80,000	$961.32 plus 3.739% of the amount in excess of $40,000	143562
More than $80,000 but not more than $100,000	$2,457.00 plus 4.272% of the amount in excess of $80,000	143563
More than $100,000 but not more than $200,000	$3,311.49 plus 4.960% of the amount in excess of $100,000	143564
More than $200,000	$8,271.90 plus 5.392% of the amount in excess of $200,000	143565

(9) For taxable years beginning in 2015 or thereafter:

143566

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		143567
OR		143568
MODIFIED OHIO		143569
TAXABLE INCOME (TRUSTS)		143570
OR		143571
OHIO TAXABLE INCOME (ESTATES)	TAX	143572

$5,000 or less	.528%	143573
More than $5,000 but not more than $10,000	$26.41 plus 1.057% of the amount in excess of $5,000	143574
More than $10,000 but not more than $15,000	$79.24 plus 2.113% of the amount in excess of $10,000	143575
More than $15,000 but not more than $20,000	$184.90 plus 2.642% of the amount in excess of $15,000	143576
More than $20,000 but not more than $40,000	$316.98 plus 3.169% of the amount in excess of $20,000	143577
More than $40,000 but not more than $80,000	$950.76 plus 3.698% of the amount in excess of $40,000	143578
More than $80,000 but not more than $100,000	$2,430.00 plus 4.226% of the amount in excess of $80,000	143579
More than $100,000 but not more than $200,000	$3,275.10 plus 4.906% of the amount in excess of $100,000	143580
More than $200,000	$8,181.00 plus 5.333% of the amount in excess of $200,000	143581

In ~~July~~August of each year, ~~beginning in 2010,~~ the tax	143582
commissioner shall adjust the income amounts prescribed in this	143583
division by multiplying the percentage increase in the gross	143584
domestic product deflator computed that year under section	143585
5747.025 of the Revised Code by each of the income amounts	143586
resulting from the adjustment under this division in the preceding	143587
year, adding the resulting product to the corresponding income	143588
amount resulting from the adjustment in the preceding year, and	143589
rounding the resulting sum to the nearest multiple of fifty	143590
dollars. The tax commissioner also shall recompute each of the tax	143591
dollar amounts to the extent necessary to reflect the adjustment	143592
of the income amounts. The rates of taxation shall not be	143593
adjusted.	143594

The adjusted amounts apply to taxable years beginning in the	143595
calendar year in which the adjustments are made. The tax	143596
commissioner shall not make such adjustments in any year in which	143597
the amount resulting from the adjustment would be less than the	143598
amount resulting from the adjustment in the preceding year. The	143599
commissioner shall not make such adjustments for taxable years	143600
beginning in 2013, 2014, or 2015.	143601

(B) If the director of budget and management makes a	143602
certification to the tax commissioner under division (B) of	143603
section 131.44 of the Revised Code, the amount of tax as	143604
determined under division (A) of this section shall be reduced by	143605
the percentage prescribed in that certification for taxable years	143606
beginning in the calendar year in which that certification is	143607
made.	143608

(C) The levy of this tax on income does not prevent a	143609
municipal corporation, a joint economic development zone created	143610
under section 715.691, or a joint economic development district	143611
created under section 715.70 or 715.71 or sections 715.72 to	143612
715.81 of the Revised Code from levying a tax on income.	143613

(D) This division applies only to taxable years of a trust	143614
beginning in 2002 or thereafter.	143615

(1) The tax imposed by this section on a trust shall be	143616
computed by multiplying the Ohio modified taxable income of the	143617
trust by the rates prescribed by division (A) of this section.	143618

(2) A resident trust may claim a credit against the tax	143619
computed under division (D) of this section equal to the lesser of	143620
(1) the tax paid to another state or the District of Columbia on	143621
the resident trust's modified nonbusiness income, other than the	143622
portion of the resident trust's nonbusiness income that is	143623
qualifying investment income as defined in section 5747.012 of the	143624
Revised Code, or (2) the effective tax rate, based on modified	143625
Ohio taxable income, multiplied by the resident trust's modified	143626
nonbusiness income other than the portion of the resident trust's	143627
nonbusiness income that is qualifying investment income. The	143628
credit applies before any other applicable credits.	143629

(3) The credits enumerated in divisions (A)(1) to (13) of	143630
section 5747.98 of the Revised Code do not apply to a trust	143631
subject to division (D) of this section. Any credits enumerated in	143632
other divisions of section 5747.98 of the Revised Code apply to a	143633
trust subject to division (D) of this section. To the extent that	143634
the trust distributes income for the taxable year for which a	143635
credit is available to the trust, the credit shall be shared by	143636
the trust and its beneficiaries. The tax commissioner and the	143637
trust shall be guided by applicable regulations of the United	143638
States treasury regarding the sharing of credits.	143639

(E) For the purposes of this section, "trust" means any trust	143640
described in Subchapter J of Chapter 1 of the Internal Revenue	143641
Code, excluding trusts that are not irrevocable as defined in	143642
division (I)(3)(b) of section 5747.01 of the Revised Code and that	143643
have no modified Ohio taxable income for the taxable year,	143644
charitable remainder trusts, qualified funeral trusts and preneed	143645
funeral contract trusts established pursuant to sections 4717.31	143646
to 4717.38 of the Revised Code that are not qualified funeral	143647
trusts, endowment and perpetual care trusts, qualified settlement	143648
trusts and funds, designated settlement trusts and funds, and	143649
trusts exempted from taxation under section 501(a) of the Internal	143650
Revenue Code.	143651

Sec. 5747.022. An individual subject to the tax imposed by	143652
section 5747.02 of the Revised Code whose Ohio adjusted gross	143653
income, less applicable exemptions under section 5747.025 of the	143654
Revised Code, for the taxable year as shown on an individual or	143655
joint annual return is less than thirty thousand dollars may claim	143656
a credit equal to twenty dollars times the number of exemptions	143657
allowed for the taxpayer, ~~his~~the taxpayer's spouse, and each	143658
dependent under section 5747.02 of the Revised Code. The credit	143659
shall be claimed in the order required under section 5747.98 of	143660
the Revised Code. The credit shall not be considered in	143661
determining the taxes required to be withheld under section	143662
5747.06 of the Revised Code or the estimated taxes required to be	143663
paid under section 5747.09 of the Revised Code. In the case of an	143664
individual with respect to whom an exemption under section 5747.02	143665
of the Revised Code is allowable to another taxpayer for a taxable	143666
year beginning in the calendar year in which the individual's	143667
taxable year begins, the "number of exemptions allowed" for	143668
purposes of calculating the credit allowed under this section to	143669
such individual for the individual's taxable year shall not	143670
include an exemption for the individual.	143671

Sec. 5747.025. (A) ~~The~~Except as otherwise provided in this	143672
division, the personal exemption for the taxpayer and the	143673
taxpayer's spouse shall be seven hundred fifty dollars each for	143674
the taxable year beginning in 1996, eight hundred fifty dollars	143675
each for the taxable year beginning in 1997, nine hundred fifty	143676
dollars each for the taxable year beginning in 1998, and one	143677
thousand fifty dollars each for the taxable year beginning in 1999	143678
and taxable years beginning after 1999. The personal exemption	143679
amount prescribed in this division for taxable years beginning	143680
after 1999 shall be adjusted each year in the manner prescribed in	143681
division (C) of this section. In the case of an individual with	143682
respect to whom an exemption under section 5747.02 of the Revised	143683
Code is allowable to another taxpayer for a taxable year beginning	143684
in the calendar year in which the individual's taxable year	143685
begins, the exemption amount applicable to such individual for	143686
such individual's taxable year shall be zero.	143687

(B) The personal exemption for each dependent shall be eight	143688
hundred fifty dollars for the taxable year beginning in 1996, and	143689
one thousand fifty dollars for the taxable year beginning in 1997	143690
and taxable years beginning after 1997. The personal exemption	143691
amount prescribed in this division for taxable years beginning	143692
after 1999 shall be adjusted each year in the manner prescribed in	143693
division (C) of this section.	143694

(C) In ~~September~~August of each year~~, beginning in 2000~~, the	143695
tax commissioner shall determine the percentage increase in the	143696
gross domestic product deflator determined by the bureau of	143697
economic analysis of the United States department of commerce from	143698
the first day of January of the preceding calendar year to the	143699
last day of December of the preceding year, and adjust the	143700
personal exemption amount for taxable years beginning in the	143701
current calendar year by multiplying that amount by the percentage	143702
increase in the gross domestic product deflator for that period;	143703
adding the resulting product to the personal exemption amount for	143704
taxable years beginning in the preceding calendar year; and	143705
rounding the resulting sum upward to the nearest multiple of fifty	143706
dollars. The commissioner shall not make such an adjustment in any	143707
calendar year in which the amount resulting from the adjustment	143708
would be less than the amount resulting from the adjustment in the	143709
preceding calendar year. The commissioner shall not make such an	143710
adjustment for taxable years beginning in 2013, 2014, or 2015.	143711

Sec. 5747.05. As used in this section, "income tax" includes	143712
both a tax on net income and a tax measured by net income.	143713

The following credits shall be allowed against the income tax	143714
imposed by section 5747.02 of the Revised Code on individuals and	143715
estates:	143716

(A)(1) The amount of tax otherwise due under section 5747.02	143717
of the Revised Code on such portion of the adjusted gross income	143718
of any nonresident taxpayer that is not allocable or apportionable	143719
to this state pursuant to sections 5747.20 to 5747.23 of the	143720
Revised Code;	143721

(2) The credit provided under this division shall not exceed	143722
the portion of the total tax due under section 5747.02 of the	143723
Revised Code that the amount of the nonresident taxpayer's	143724
adjusted gross income not allocated to this state pursuant to	143725
sections 5747.20 to 5747.23 of the Revised Code bears to the total	143726
adjusted gross income of the nonresident taxpayer derived from all	143727
sources everywhere.	143728

(3) The tax commissioner may enter into an agreement with the	143729
taxing authorities of any state or of the District of Columbia	143730
that imposes an income tax to provide that compensation paid in	143731
this state to a nonresident taxpayer shall not be subject to the	143732
tax levied in section 5747.02 of the Revised Code so long as	143733
compensation paid in such other state or in the District of	143734
Columbia to a resident taxpayer shall likewise not be subject to	143735
the income tax of such other state or of the District of Columbia.	143736

(B) The lesser of division (B)(1) or (2) of this section:

143737

(1) The amount of tax otherwise due under section 5747.02 of	143738
the Revised Code on such portion of the adjusted gross income of a	143739
resident taxpayer that in another state or in the District of	143740
Columbia is subjected to an income tax. The credit provided under	143741
division (B)(1) of this section shall not exceed the portion of	143742
the total tax due under section 5747.02 of the Revised Code that	143743
the amount of the resident taxpayer's adjusted gross income	143744
subjected to an income tax in the other state or in the District	143745
of Columbia bears to the total adjusted gross income of the	143746
resident taxpayer derived from all sources everywhere.	143747

(2) The amount of income tax liability to another state or	143748
the District of Columbia on the portion of the adjusted gross	143749
income of a resident taxpayer that in another state or in the	143750
District of Columbia is subjected to an income tax. The credit	143751
provided under division (B)(2) of this section shall not exceed	143752
the amount of tax otherwise due under section 5747.02 of the	143753
Revised Code.	143754

(3) If the credit provided under division (B) of this section	143755
is affected by a change in either the portion of adjusted gross	143756
income of a resident taxpayer subjected to an income tax in	143757
another state or the District of Columbia or the amount of income	143758
tax liability that has been paid to another state or the District	143759
of Columbia, the taxpayer shall report the change to the tax	143760
commissioner within sixty days of the change in such form as the	143761
commissioner requires.	143762

(a) In the case of an underpayment, the report shall be	143763
accompanied by payment of any additional tax due as a result of	143764
the reduction in credit together with interest on the additional	143765
tax and is a return subject to assessment under section 5747.13 of	143766
the Revised Code solely for the purpose of assessing any	143767
additional tax due under this division, together with any	143768
applicable penalty and interest. It shall not reopen the	143769
computation of the taxpayer's tax liability under this chapter	143770
from a previously filed return no longer subject to assessment	143771
except to the extent that such liability is affected by an	143772
adjustment to the credit allowed by division (B) of this section.	143773

(b) In the case of an overpayment, an application for refund	143774
may be filed under this division within the sixty-day period	143775
prescribed for filing the report even if it is beyond the period	143776
prescribed in section 5747.11 of the Revised Code if it otherwise	143777
conforms to the requirements of such section. An application filed	143778
under this division shall only claim refund of overpayments	143779
resulting from an adjustment to the credit allowed by division (B)	143780
of this section unless it is also filed within the time prescribed	143781
in section 5747.11 of the Revised Code. It shall not reopen the	143782
computation of the taxpayer's tax liability except to the extent	143783
that such liability is affected by an adjustment to the credit	143784
allowed by division (B) of this section.	143785

(4) No credit shall be allowed under division (B) of this	143786
section for income tax paid or accrued to another state or to the	143787
District of Columbia if the taxpayer, when computing federal	143788
adjusted gross income, has directly or indirectly deducted, or was	143789
required to directly or indirectly deduct, the amount of that	143790
income tax.	143791

(C) For a taxpayer sixty-five years of age or older during	143792
the taxable year, a credit for such year equal to fifty dollars	143793
for each return required to be filed under section 5747.08 of the	143794
Revised Code.	143795

(D) A taxpayer sixty-five years of age or older during the	143796
taxable year who has received a lump-sum distribution from a	143797
pension, retirement, or profit-sharing plan in the taxable year	143798
may elect to receive a credit under this division in lieu of the	143799
credit to which the taxpayer is entitled under division (C) of	143800
this section. A taxpayer making such election shall receive a	143801
credit for the taxable year equal to fifty dollars times the	143802
taxpayer's expected remaining life as shown by annuity tables	143803
issued under the provisions of the Internal Revenue Code and in	143804
effect for the calendar year which includes the last day of the	143805
taxable year. A taxpayer making an election under this division is	143806
not entitled to the credit authorized under division (C) of this	143807
section in subsequent taxable years except that if such election	143808
was made prior to July 1, 1983, the taxpayer is entitled to	143809
one-half the credit authorized under such division in subsequent	143810
taxable years but may not make another election under this	143811
division.	143812

(E) A taxpayer who is not sixty-five years of age or older	143813
during the taxable year who has received a lump-sum distribution	143814
from a pension, retirement, or profit-sharing plan in a taxable	143815
year ending on or before July 31, 1991, may elect to take a credit	143816
against the tax otherwise due under this chapter for such year	143817
equal to fifty dollars times the expected remaining life of a	143818
taxpayer sixty-five years of age as shown by annuity tables issued	143819
under the provisions of the Internal Revenue Code and in effect	143820
for the calendar year which includes the last day of the taxable	143821
year. A taxpayer making an election under this division is not	143822
entitled to a credit under division (C) or (D) of this section in	143823
any subsequent year except that if such election was made prior to	143824
July 1, 1983, the taxpayer is entitled to one-half the credit	143825
authorized under division (C) of this section in subsequent years	143826
but may not make another election under this division. No taxpayer	143827
may make an election under this division for a taxable year ending	143828
on or after August 1, 1991.	143829

(F) A taxpayer making an election under either division (D)	143830
or (E) of this section may make only one such election in the	143831
taxpayer's lifetime.	143832

(G)(1) On a joint return filed by a husband and wife, each of	143833
whom had adjusted gross income of at least five hundred dollars,	143834
exclusive of interest, dividends and distributions, royalties,	143835
rent, and capital gains, a credit equal to the percentage shown in	143836
the table contained in this division of the amount of tax due	143837
after allowing for any other credit that precedes the credit under	143838
this division in the order required under section 5747.98 of the	143839
Revised Code.	143840

(2) The credit to which a taxpayer is entitled under this	143841
division in any taxable year is the percentage shown in column B	143842
that corresponds with the taxpayer's adjusted gross income, less	143843
exemptions for the taxable year:	143844

143845

IF THE ADJUSTED GROSS INCOME, LESS EXEMPTIONS, FOR THE TAX YEAR IS:

THE CREDIT FOR THE TAXABLE YEAR IS:

143846

$25,000 or less	20%	143847
More than $25,000 but not more than $50,000	15%	143848
More than $50,000 but not more than $75,000	10%	143849
More than $75,000	5%	143850

(3) The credit allowed under this division shall not exceed	143851
six hundred fifty dollars in any taxable year.	143852

(H) No claim for credit under this section shall be allowed	143853
unless the claimant furnishes such supporting information as the	143854
tax commissioner prescribes by rules. Each credit under this	143855
section shall be claimed in the order required under section	143856
5747.98 of the Revised Code.	143857

(I) An individual who is a resident for part of a taxable	143858
year and a nonresident for the remainder of the taxable year is	143859
allowed the credits under divisions (A) and (B) of this section in	143860
accordance with rules prescribed by the tax commissioner. In no	143861
event shall the same income be subject to both credits.	143862

(J) The credit allowed under division (A) of this section	143863
shall be calculated based upon the amount of tax due under section	143864
5747.02 of the Revised Code after subtracting any other credits	143865
that precede the credit under that division in the order required	143866
under section 5747.98 of the Revised Code. The credit allowed	143867
under division (B) of this section shall be calculated based upon	143868
the amount of tax due under section 5747.02 of the Revised Code	143869
after subtracting any other credits that precede the credit under	143870
that division in the order required under section 5747.98 of the	143871
Revised Code.	143872

(K) No credit shall be allowed under division (B) of this	143873
section unless the taxpayer furnishes such proof as the tax	143874
commissioner shall require that the income tax liability has been	143875
paid to another state or the District of Columbia.	143876

(L) No credit shall be allowed under division (B) of this	143877
section for compensation that is not subject to the income tax of	143878
another state or the District of Columbia as the result of an	143879
agreement entered into by the tax commissioner under division	143880
(A)(3) of this section.	143881

Sec. 5747.08. An annual return with respect to the tax	143882
imposed by section 5747.02 of the Revised Code and each tax	143883
imposed under Chapter 5748. of the Revised Code shall be made by	143884
every taxpayer for any taxable year for which the taxpayer is	143885
liable for the tax imposed by that section or under that chapter,	143886
unless the total credits allowed under divisions (E), (F), and (G)	143887
of section 5747.05 of the Revised Code for the year are equal to	143888
or exceed the tax imposed by section 5747.02 of the Revised Code,	143889
in which case no return shall be required unless the taxpayer is	143890
liable for a tax imposed pursuant to Chapter 5748. of the Revised	143891
Code.	143892

(A) If an individual is deceased, any return or notice	143893
required of that individual under this chapter shall be made and	143894
filed by that decedent's executor, administrator, or other person	143895
charged with the property of that decedent.	143896

(B) If an individual is unable to make a return or notice	143897
required by this chapter, the return or notice required of that	143898
individual shall be made and filed by the individual's duly	143899
authorized agent, guardian, conservator, fiduciary, or other	143900
person charged with the care of the person or property of that	143901
individual.	143902

(C) Returns or notices required of an estate or a trust shall	143903
be made and filed by the fiduciary of the estate or trust.	143904

(D)(1)(a) Except as otherwise provided in division (D)(1)(b)	143905
of this section, any pass-through entity may file a single return	143906
on behalf of one or more of the entity's investors other than an	143907
investor that is a person subject to the tax imposed under section	143908
5733.06 of the Revised Code. The single return shall set forth the	143909
name, address, and social security number or other identifying	143910
number of each of those pass-through entity investors and shall	143911
indicate the distributive share of each of those pass-through	143912
entity investor's income taxable in this state in accordance with	143913
sections 5747.20 to 5747.231 of the Revised Code. Such	143914
pass-through entity investors for whom the pass-through entity	143915
elects to file a single return are not entitled to the exemption	143916
or credit provided for by sections 5747.02 and 5747.022 of the	143917
Revised Code; shall calculate the tax before business credits at	143918
the highest rate of tax set forth in section 5747.02 of the	143919
Revised Code for the taxable year for which the return is filed;	143920
and are entitled to only their distributive share of the business	143921
credits as defined in division (D)(2) of this section. A single	143922
check drawn by the pass-through entity shall accompany the return	143923
in full payment of the tax due, as shown on the single return, for	143924
such investors, other than investors who are persons subject to	143925
the tax imposed under section 5733.06 of the Revised Code.	143926

(b)(i) A pass-through entity shall not include in such a	143927
single return any investor that is a trust to the extent that any	143928
direct or indirect current, future, or contingent beneficiary of	143929
the trust is a person subject to the tax imposed under section	143930
5733.06 of the Revised Code.	143931

(ii) A pass-through entity shall not include in such a single	143932
return any investor that is itself a pass-through entity to the	143933
extent that any direct or indirect investor in the second	143934
pass-through entity is a person subject to the tax imposed under	143935
section 5733.06 of the Revised Code.	143936

(c) Nothing in division (D) of this section precludes the tax	143937
commissioner from requiring such investors to file the return and	143938
make the payment of taxes and related interest, penalty, and	143939
interest penalty required by this section or section 5747.02,	143940
5747.09, or 5747.15 of the Revised Code. Nothing in division (D)	143941
of this section precludes such an investor from filing the annual	143942
return under this section, utilizing the refundable credit equal	143943
to the investor's proportionate share of the tax paid by the	143944
pass-through entity on behalf of the investor under division (J)	143945
of this section, and making the payment of taxes imposed under	143946
section 5747.02 of the Revised Code. Nothing in division (D) of	143947
this section shall be construed to provide to such an investor or	143948
pass-through entity any additional deduction or credit, other than	143949
the credit provided by division (J) of this section, solely on	143950
account of the entity's filing a return in accordance with this	143951
section. Such a pass-through entity also shall make the filing and	143952
payment of estimated taxes on behalf of the pass-through entity	143953
investors other than an investor that is a person subject to the	143954
tax imposed under section 5733.06 of the Revised Code.	143955

(2) For the purposes of this section, "business credits"	143956
means the credits listed in section 5747.98 of the Revised Code	143957
excluding the following credits:	143958

(a) The retirement credit under division (B) of section	143959
5747.055 of the Revised Code;	143960

(b) The senior citizen credit under division (C) of section	143961
5747.05 of the Revised Code;	143962

(c) The lump sum distribution credit under division (D) of	143963
section 5747.05 of the Revised Code;	143964

(d) The dependent care credit under section 5747.054 of the	143965
Revised Code;	143966

(e) The lump sum retirement income credit under division (C)	143967
of section 5747.055 of the Revised Code;	143968

(f) The lump sum retirement income credit under division (D)	143969
of section 5747.055 of the Revised Code;	143970

(g) The lump sum retirement income credit under division (E)	143971
of section 5747.055 of the Revised Code;	143972

(h) The credit for displaced workers who pay for job training	143973
under section 5747.27 of the Revised Code;	143974

(i) The twenty-dollar personal exemption credit under section	143975
5747.022 of the Revised Code;	143976

(j) The joint filing credit under division (G) of section	143977
5747.05 of the Revised Code;	143978

(k) The nonresident credit under division (A) of section	143979
5747.05 of the Revised Code;	143980

(l) The credit for a resident's out-of-state income under	143981
division (B) of section 5747.05 of the Revised Code;	143982

(m) The low-income credit under section 5747.056 of the	143983
Revised Code;	143984

(n) The earned income tax credit under section 5747.71 of the	143985
Revised Code.	143986

(3) The election provided for under division (D) of this	143987
section applies only to the taxable year for which the election is	143988
made by the pass-through entity. Unless the tax commissioner	143989
provides otherwise, this election, once made, is binding and	143990
irrevocable for the taxable year for which the election is made.	143991
Nothing in this division shall be construed to provide for any	143992
deduction or credit that would not be allowable if a nonresident	143993
pass-through entity investor were to file an annual return.	143994

(4) If a pass-through entity makes the election provided for	143995
under division (D) of this section, the pass-through entity shall	143996
be liable for any additional taxes, interest, interest penalty, or	143997
penalties imposed by this chapter if the tax commissioner finds	143998
that the single return does not reflect the correct tax due by the	143999
pass-through entity investors covered by that return. Nothing in	144000
this division shall be construed to limit or alter the liability,	144001
if any, imposed on pass-through entity investors for unpaid or	144002
underpaid taxes, interest, interest penalty, or penalties as a	144003
result of the pass-through entity's making the election provided	144004
for under division (D) of this section. For the purposes of	144005
division (D) of this section, "correct tax due" means the tax that	144006
would have been paid by the pass-through entity had the single	144007
return been filed in a manner reflecting the commissioner's	144008
findings. Nothing in division (D) of this section shall be	144009
construed to make or hold a pass-through entity liable for tax	144010
attributable to a pass-through entity investor's income from a	144011
source other than the pass-through entity electing to file the	144012
single return.	144013

(E) If a husband and wife file a joint federal income tax	144014
return for a taxable year, they shall file a joint return under	144015
this section for that taxable year, and their liabilities are	144016
joint and several, but, if the federal income tax liability of	144017
either spouse is determined on a separate federal income tax	144018
return, they shall file separate returns under this section.	144019

If either spouse is not required to file a federal income tax	144020
return and either or both are required to file a return pursuant	144021
to this chapter, they may elect to file separate or joint returns,	144022
and, pursuant to that election, their liabilities are separate or	144023
joint and several. If a husband and wife file separate returns	144024
pursuant to this chapter, each must claim the taxpayer's own	144025
exemption, but not both, as authorized under section 5747.02 of	144026
the Revised Code on the taxpayer's own return.	144027

(F) Each return or notice required to be filed under this	144028
section shall contain the signature of the taxpayer or the	144029
taxpayer's duly authorized agent and of the person who prepared	144030
the return for the taxpayer, and shall include the taxpayer's	144031
social security number. Each return shall be verified by a	144032
declaration under the penalties of perjury. The tax commissioner	144033
shall prescribe the form that the signature and declaration shall	144034
take.	144035

(G) Each return or notice required to be filed under this	144036
section shall be made and filed as required by section 5747.04 of	144037
the Revised Code, on or before the fifteenth day of April of each	144038
year, on forms that the tax commissioner shall prescribe, together	144039
with remittance made payable to the treasurer of state in the	144040
combined amount of the state and all school district income taxes	144041
shown to be due on the form~~, unless the combined amount shown to~~	144042
~~be due is one dollar or less, in which case that amount need not~~	144043
~~be remitted~~.	144044

Upon good cause shown, the commissioner may extend the period	144045
for filing any notice or return required to be filed under this	144046
section and may adopt rules relating to extensions. If the	144047
extension results in an extension of time for the payment of any	144048
state or school district income tax liability with respect to	144049
which the return is filed, the taxpayer shall pay at the time the	144050
tax liability is paid an amount of interest computed at the rate	144051
per annum prescribed by section 5703.47 of the Revised Code on	144052
that liability from the time that payment is due without extension	144053
to the time of actual payment. Except as provided in section	144054
5747.132 of the Revised Code, in addition to all other interest	144055
charges and penalties, all taxes imposed under this chapter or	144056
Chapter 5748. of the Revised Code and remaining unpaid after they	144057
become due, except combined amounts due of one dollar or less,	144058
bear interest at the rate per annum prescribed by section 5703.47	144059
of the Revised Code until paid or until the day an assessment is	144060
issued under section 5747.13 of the Revised Code, whichever occurs	144061
first.	144062

If the commissioner considers it necessary in order to ensure	144063
the payment of the tax imposed by section 5747.02 of the Revised	144064
Code or any tax imposed under Chapter 5748. of the Revised Code,	144065
the commissioner may require returns and payments to be made	144066
otherwise than as provided in this section.	144067

To the extent that any provision in this division conflicts	144068
with any provision in section 5747.026 of the Revised Code, the	144069
provision in that section prevails.	144070

(H) If any report, claim, statement, or other document	144071
required to be filed, or any payment required to be made, within a	144072
prescribed period or on or before a prescribed date under this	144073
chapter is delivered after that period or that date by United	144074
States mail to the agency, officer, or office with which the	144075
report, claim, statement, or other document is required to be	144076
filed, or to which the payment is required to be made, the date of	144077
the postmark stamped on the cover in which the report, claim,	144078
statement, or other document, or payment is mailed shall be deemed	144079
to be the date of delivery or the date of payment.	144080

If a payment is required to be made by electronic funds	144081
transfer pursuant to section 5747.072 of the Revised Code, the	144082
payment is considered to be made when the payment is received by	144083
the treasurer of state or credited to an account designated by the	144084
treasurer of state for the receipt of tax payments.	144085

"The date of the postmark" means, in the event there is more	144086
than one date on the cover, the earliest date imprinted on the	144087
cover by the United States postal service.	144088

(I) The amounts withheld by an employer pursuant to section	144089
5747.06 of the Revised Code, a casino operator pursuant to section	144090
5747.063 of the Revised Code, or a lottery sales agent pursuant to	144091
section 5747.064 of the Revised Code shall be allowed to the	144092
recipient of the compensation casino winnings, or lottery prize	144093
award as credits against payment of the appropriate taxes imposed	144094
on the recipient by section 5747.02 and under Chapter 5748. of the	144095
Revised Code.	144096

(J) If~~, in accordance with division (D) of this section,~~ a	144097
pass-through entity elects to file a single return under division	144098
(D) of this section and if any investor is required to file the	144099
annual return and make the payment of taxes required by this	144100
chapter on account of the investor's other income that is not	144101
included in a single return filed by a pass-through entity or any	144102
other investor elects to file the annual return, the investor is	144103
entitled to a refundable credit equal to the investor's	144104
proportionate share of the tax paid by the pass-through entity on	144105
behalf of the investor. The investor shall claim the credit for	144106
the investor's taxable year in which or with which ends the	144107
taxable year of the pass-through entity. Nothing in this chapter	144108
shall be construed to allow any credit provided in this chapter to	144109
be claimed more than once. For the ~~purposes~~purpose of computing	144110
any interest, penalty, or interest penalty, the investor shall be	144111
deemed to have paid the refundable credit provided by this	144112
division on the day that the pass-through entity paid the	144113
estimated tax or the tax giving rise to the credit.	144114

(K) The tax commissioner shall ensure that each return	144115
required to be filed under this section includes a box that the	144116
taxpayer may check to authorize a paid tax preparer who prepared	144117
the return to communicate with the department of taxation about	144118
matters pertaining to the return. The return or instructions	144119
accompanying the return shall indicate that by checking the box	144120
the taxpayer authorizes the department of taxation to contact the	144121
preparer concerning questions that arise during the processing of	144122
the return and authorizes the preparer only to provide the	144123
department with information that is missing from the return, to	144124
contact the department for information about the processing of the	144125
return or the status of the taxpayer's refund or payments, and to	144126
respond to notices about mathematical errors, offsets, or return	144127
preparation that the taxpayer has received from the department and	144128
has shown to the preparer.	144129

(L) The tax commissioner shall permit individual taxpayers to	144130
instruct the department of taxation to cause any refund of	144131
overpaid taxes to be deposited directly into a checking account,	144132
savings account, or an individual retirement account or individual	144133
retirement annuity, or preexisting college savings plan or program	144134
account offered by the Ohio tuition trust authority under Chapter	144135
3334. of the Revised Code, as designated by the taxpayer, when the	144136
taxpayer files the annual return required by this section	144137
electronically.	144138

(M) The tax commissioner may adopt rules to administer this	144139
section.	144140

Sec. 5747.10. If any of the facts, figures, computations, or	144141
attachments required in a taxpayer's annual return to determine	144142
the tax charged by this chapter or Chapter 5748. of the Revised	144143
Code must be altered as the result of an adjustment to the	144144
taxpayer's federal income tax return, whether initiated by the	144145
taxpayer or the internal revenue service, and such alteration	144146
affects the taxpayer's tax liability under this chapter or Chapter	144147
5748. of the Revised Code, the taxpayer shall file an amended	144148
return with the tax commissioner in such form as the commissioner	144149
requires. The amended return shall be filed not later than sixty	144150
days after the adjustment has been agreed to or finally determined	144151
for federal income tax purposes or any federal income tax	144152
deficiency or refund, or the abatement or credit resulting	144153
therefrom, has been assessed or paid, whichever occurs first.	144154

(A) In the case of an underpayment, the amended return shall	144155
be accompanied by payment of any combined additional tax due	144156
together with interest thereon. ~~If the combined tax shown to be~~	144157
~~due is one dollar or less, such amount need not accompany the~~	144158
~~amended return.~~ An amended return required by this section is a	144159
return subject to assessment under section 5747.13 of the Revised	144160
Code for the purpose of assessing any additional tax due under	144161
this section, together with any applicable penalty and interest.	144162
It shall not reopen those facts, figures, computations, or	144163
attachments from a previously filed return no longer subject to	144164
assessment that are not affected, either directly or indirectly,	144165
by the adjustment to the taxpayer's federal income tax return.	144166

(B) In the case of an overpayment, an application for refund	144167
may be filed under this division within the sixty-day period	144168
prescribed for filing the amended return even if it is filed	144169
beyond the period prescribed in section 5747.11 of the Revised	144170
Code if it otherwise conforms to the requirements of such section.	144171
An application filed under this division shall claim refund of	144172
overpayments resulting from alterations to only those facts,	144173
figures, computations, or attachments required in the taxpayer's	144174
annual return that are affected, either directly or indirectly, by	144175
the adjustment to the taxpayer's federal income tax return unless	144176
it is also filed within the time prescribed in section 5747.11 of	144177
the Revised Code. It shall not reopen those facts, figures,	144178
computations, or attachments that are not affected, either	144179
directly or indirectly, by the adjustment to the taxpayer's	144180
federal income tax return.	144181

Sec. 5747.11. (A) The tax commissioner shall refund to	144182
employers, qualifying entities, or taxpayers~~, with respect to any~~	144183
subject to a tax imposed under section 5733.41, 5747.02, or	144184
5747.41, or Chapter 5748. of the Revised Code:	144185

~~(1) Overpayments of more than one dollar;~~

144186

~~(2) Amounts in excess of one dollar paid illegally or~~	144187
~~erroneously;~~	144188

~~(3) Amounts in excess of one dollar paid on an illegal,~~	144189
~~erroneous, or excessive assessment~~the amount of any overpayment	144190
of such tax.	144191

(B) Except as otherwise provided under divisions (D) and (E)	144192
of this section, applications for refund shall be filed with the	144193
tax commissioner, on the form prescribed by the commissioner,	144194
within four years from the date of the illegal, erroneous, or	144195
excessive payment of the tax, or within any additional period	144196
allowed by division (B)(3)(b) of section 5747.05, division (B) of	144197
section 5747.10, division (A) of section 5747.13, or division (C)	144198
of section 5747.45 of the Revised Code.	144199

On filing of the refund application, the commissioner shall	144200
determine the amount of refund due and, if that amount exceeds one	144201
dollar, certify such amount to the director of budget and	144202
management and treasurer of state for payment from the tax refund	144203
fund created by section 5703.052 of the Revised Code. Payment	144204
shall be made as provided in division (C) of section 126.35 of the	144205
Revised Code.	144206

(C)(1) ~~Interest shall be allowed and paid upon any illegal or~~	144207
~~erroneous assessment in excess of one dollar in respect of the tax~~	144208
~~imposed under section 5747.02 or Chapter 5748. of the Revised Code~~	144209
~~at the rate per annum prescribed by section 5703.47 of the Revised~~	144210
~~Code from the date of the payment of the illegal or erroneous~~	144211
~~assessment until the date the refund of such amount is paid. If~~	144212
~~such refund results from the filing of a return or report, or the~~	144213
~~payment accompanying such return or report, by an employer or~~	144214
~~taxpayer, rather than from an assessment by the commissioner, such~~	144215
~~interest shall run from a period ninety days after the final~~	144216
~~filing date of the annual return until the date the refund is~~	144217
~~paid.~~	144218

~~(2)~~ Interest shall be allowed and paid at the rate per annum	144219
prescribed by section 5703.47 of the Revised Code ~~upon any~~	144220
~~overpayment in excess of one dollar in respect of~~on amounts	144221
refunded with respect to the tax imposed under section 5747.02 or	144222
Chapter 5748. of the Revised Code from the date of the overpayment	144223
until the date of the refund of the overpayment, except that if	144224
any overpayment is refunded within ninety days after the final	144225
filing date of the annual return or ninety days after the return	144226
is filed, whichever is later, no interest shall be allowed on such	144227
overpayment. If the overpayment results from the carryback of a	144228
net operating loss or net capital loss to a previous taxable year,	144229
the overpayment is deemed not to have been made prior to the	144230
filing date, including any extension thereof, for the taxable year	144231
in which the net operating loss or net capital loss arises. For	144232
purposes of the payment of interest on overpayments, no amount of	144233
tax, for any taxable year, shall be treated as having been paid	144234
before the date on which the tax return for that year was due	144235
without regard to any extension of time for filing such return.	144236

~~(3)~~(2) Interest shall be allowed at the rate per annum	144237
prescribed by section 5703.47 of the Revised Code on amounts	144238
refunded with respect to the taxes imposed under sections 5733.41	144239
and 5747.41 of the Revised Code. The interest shall run from	144240
whichever of the following days is the latest until the day the	144241
refund is paid: the day the illegal, erroneous, or excessive	144242
payment was made; the ninetieth day after the final day the annual	144243
report was required to be filed under section 5747.42 of the	144244
Revised Code; or the ninetieth day after the day that report was	144245
filed.	144246

(D) "Ninety days" shall be substituted for "four years" in	144247
division (B) of this section if the taxpayer satisfies both of the	144248
following conditions:	144249

(1) The taxpayer has applied for a refund based in whole or	144250
in part upon section 5747.059 of the Revised Code;	144251

(2) The taxpayer asserts that either the imposition or	144252
collection of the tax imposed or charged by this chapter or any	144253
portion of such tax violates the Constitution of the United States	144254
or the Constitution of Ohio.	144255

(E)(1) Division (E)(2) of this section applies only if all of	144256
the following conditions are satisfied:	144257

(a) A qualifying entity pays an amount of the tax imposed by	144258
section 5733.41 or 5747.41 of the Revised Code;	144259

(b) The taxpayer is a qualifying investor as to that	144260
qualifying entity;	144261

(c) The taxpayer did not claim the credit provided for in	144262
section 5747.059 of the Revised Code as to the tax described in	144263
division (E)(1)(a) of this section;	144264

(d) The four-year period described in division (B) of this	144265
section has ended as to the taxable year for which the taxpayer	144266
otherwise would have claimed that credit.	144267

(2) A taxpayer shall file an application for refund pursuant	144268
to division (E) of this section within one year after the date the	144269
payment described in division (E)(1)(a) of this section is made.	144270
An application filed under division (E)(2) of this section shall	144271
claim refund only of overpayments resulting from the taxpayer's	144272
failure to claim the credit described in division (E)(1)(c) of	144273
this section. Nothing in division (E) of this section shall be	144274
construed to relieve a taxpayer from complying with division	144275
(A)(16) of section 5747.01 of the Revised Code.	144276

Sec. 5747.113. (A) Any taxpayer claiming a refund under	144277
section 5747.11 of the Revised Code who wishes to contribute any	144278
part of the taxpayer's refund to the natural areas and preserves	144279
fund created in section 1517.11 of the Revised Code, the nongame	144280
and endangered wildlife fund created in section 1531.26 of the	144281
Revised Code, the military injury relief fund created in section	144282
5101.98 of the Revised Code, the Ohio historical society income	144283
tax contribution fund created in section 149.308 of the Revised	144284
Code, or all of those funds may designate on the taxpayer's income	144285
tax return the amount that the taxpayer wishes to contribute to	144286
the fund or funds. A designated contribution is irrevocable upon	144287
the filing of the return and shall be made in the full amount	144288
designated if the refund found due the taxpayer upon the initial	144289
processing of the taxpayer's return, after any deductions	144290
including those required by section 5747.12 of the Revised Code,	144291
is greater than or equal to the designated contribution. If the	144292
refund due as initially determined is less than the designated	144293
contribution, the contribution shall be made in the full amount of	144294
the refund. The tax commissioner shall subtract the amount of the	144295
contribution from the amount of the refund initially found due the	144296
taxpayer and shall certify the difference to the director of	144297
budget and management and treasurer of state for payment to the	144298
taxpayer in accordance with section 5747.11 of the Revised Code.	144299
For the purpose of any subsequent determination of the taxpayer's	144300
net tax payment, the contribution shall be considered a part of	144301
the refund paid to the taxpayer.	144302

(B) The tax commissioner shall provide a space on the income	144303
tax return form in which a taxpayer may indicate that the taxpayer	144304
wishes to make a donation in accordance with this section. The tax	144305
commissioner shall also print in the instructions accompanying the	144306
income tax return form a description of the purposes for which the	144307
natural areas and preserves fund, the nongame and endangered	144308
wildlife fund, the military injury relief fund, and the Ohio	144309
historical society income tax contribution fund were created and	144310
the use of moneys from the income tax refund contribution system	144311
established in this section. No person shall designate on the	144312
person's income tax return any part of a refund claimed under	144313
section 5747.11 of the Revised Code as a contribution to any fund	144314
other than the natural areas and preserves fund, the nongame and	144315
endangered wildlife fund, the military injury relief fund, or the	144316
Ohio historical society income tax contribution fund.	144317

(C) The money collected under the income tax refund	144318
contribution system established in this section shall be deposited	144319
by the tax commissioner into the natural areas and preserves fund,	144320
the nongame and endangered wildlife fund, the military injury	144321
relief fund, and the Ohio historical society income tax	144322
contribution fund in the amounts designated on the tax returns.	144323

(D) No later than the thirtieth day of September each year,	144324
the tax commissioner shall determine the total amount contributed	144325
to each fund under this section during the preceding eight months,	144326
any adjustments to prior months, and the cost to the department of	144327
taxation of administering the income tax refund contribution	144328
system during that eight-month period. The commissioner shall make	144329
an additional determination no later than the thirty-first day of	144330
January of each year of the total amount contributed to each fund	144331
under this section during the preceding four calendar months, any	144332
adjustments to prior years made during that four-month period, and	144333
the cost to the department of taxation of administering the income	144334
tax contribution system during that period. The cost of	144335
administering the income tax contribution system shall be	144336
certified by the tax commissioner to the director of budget and	144337
management, who shall transfer an amount equal to one-fourth of	144338
such administrative costs from the natural areas and preserves	144339
fund, one-fourth of such costs from the nongame and endangered	144340
wildlife fund, one-fourth of such costs from the military injury	144341
relief fund, and one-fourth of such costs from the Ohio historical	144342
society income tax contribution fund to the ~~litter control and~~	144343
~~natural resource~~income tax ~~administration~~contribution fund,	144344
which is hereby created, provided that the moneys that the	144345
department receives to pay the cost of administering the income	144346
tax refund contribution system in any year shall not exceed two	144347
and one-half per cent of the total amount contributed under that	144348
system during that year.	144349

(E)(1) The director of natural resources, in January of every	144350
odd-numbered year, shall report to the general assembly on the	144351
effectiveness of the income tax refund contribution system as it	144352
pertains to the natural areas and preserves fund and the nongame	144353
and endangered wildlife fund. The report shall include the amount	144354
of money contributed to each fund in each of the previous five	144355
years, the amount of money contributed directly to each fund in	144356
addition to or independently of the income tax refund contribution	144357
system in each of the previous five years, and the purposes for	144358
which the money was expended.	144359

(2) The director of job and family services and the director	144360
of the Ohio historical society, in January of every odd-numbered	144361
year, each shall report to the general assembly on the	144362
effectiveness of the income tax refund contribution system as it	144363
pertains to the military injury relief fund and the Ohio	144364
historical society income tax contribution fund, respectively. The	144365
report shall include the amount of money contributed to the fund	144366
in each of the previous five years, the amount of money	144367
contributed directly to the fund in addition to or independently	144368
of the income tax refund contribution system in each of the	144369
previous five years, and the purposes for which the money was	144370
expended.	144371

Sec. 5747.122. (A) The tax commissioner, in accordance with	144372
section 5101.184 of the Revised Code, shall cooperate with the	144373
director of job and family services to collect overpayments of	144374
assistance under Chapter 5107.~~, 5111.,~~ or 5115., former Chapter	144375
5113., or section 5101.54 of the Revised Code from refunds of	144376
state income taxes for taxable year 1992 and thereafter that are	144377
payable to the recipients of such overpayments.	144378

(B) At the request of the department of job and family	144379
services in connection with the collection of an overpayment of	144380
assistance from a refund of state income taxes pursuant to this	144381
section and section 5101.184 of the Revised Code, the tax	144382
commissioner shall release to the department the home address and	144383
social security number of any recipient of assistance whose	144384
overpayment may be collected from a refund of state income taxes	144385
under those sections.	144386

(C) In the case of a joint income tax return for two people	144387
who were not married to each other at the time one of them	144388
received an overpayment of assistance, only the portion of a	144389
refund that is due to the recipient of the overpayment shall be	144390
available for collection of the overpayment under this section and	144391
section 5101.184 of the Revised Code. The tax commissioner shall	144392
determine such portion. A recipient's spouse who objects to the	144393
portion as determined by the commissioner may file a complaint	144394
with the commissioner within twenty-one days after receiving	144395
notice of the collection, and the commissioner shall afford the	144396
spouse an opportunity to be heard on the complaint. The	144397
commissioner shall waive or extend the twenty-one-day period if	144398
the recipient's spouse establishes that such action is necessary	144399
to avoid unjust, unfair, or unreasonable results. After the	144400
hearing, the commissioner shall make a final determination of the	144401
portion of the refund available for collection of the overpayment.	144402

(D) The welfare overpayment intercept fund is hereby created	144403
in the state treasury. The tax commissioner shall deposit amounts	144404
collected from income tax refunds under this section to the credit	144405
of the welfare overpayment intercept fund. The director of job and	144406
family services shall distribute money in the fund in accordance	144407
with appropriate federal or state laws and procedures regarding	144408
collection of welfare overpayments.	144409

Sec. 5747.13. (A) If any employer collects the tax imposed	144410
by section 5747.02 or under Chapter 5748. of the Revised Code and	144411
fails to remit the tax as required by law, or fails to collect the	144412
tax, the employer is personally liable for any amount collected	144413
that the employer fails to remit, or any amount that the employer	144414
fails to collect. If any taxpayer fails to file a return or fails	144415
to pay the tax imposed by section 5747.02 or under Chapter 5748.	144416
of the Revised Code, the taxpayer is personally liable for the	144417
amount of the tax.	144418

If any employer, taxpayer, or qualifying entity required to	144419
file a return under this chapter fails to file the return within	144420
the time prescribed, files an incorrect return, fails to remit the	144421
full amount of the taxes due for the period covered by the return,	144422
or fails to remit any additional tax due as a result of a	144423
reduction in the amount of the credit allowed under division (B)	144424
of section 5747.05 of the Revised Code together with interest on	144425
the additional tax within the time prescribed by that division,	144426
the tax commissioner may make an assessment against any person	144427
liable for any deficiency for the period for which the return is	144428
or taxes are due, based upon any information in the commissioner's	144429
possession.	144430

An assessment issued against either the employer or the	144431
taxpayer pursuant to this section shall not be considered an	144432
election of remedies or a bar to an assessment against the other	144433
for failure to report or pay the same tax. No assessment shall be	144434
issued against any person if the tax actually has been paid by	144435
another.	144436

No assessment shall be made or issued against an employer,	144437
taxpayer, or qualifying entity more than four years after the	144438
final date the return subject to assessment was required to be	144439
filed or the date the return was filed, whichever is later.	144440
However, the commissioner may assess any balance due as the result	144441
of a reduction in the credit allowed under division (B) of section	144442
5747.05 of the Revised Code, including applicable penalty and	144443
interest, within four years of the date on which the taxpayer	144444
reports a change in either the portion of the taxpayer's adjusted	144445
gross income subjected to an income tax or tax measured by income	144446
in another state or the District of Columbia, or the amount of	144447
liability for an income tax or tax measured by income to another	144448
state or the District of Columbia, as required by division (B)(3)	144449
of section 5747.05 of the Revised Code. Such time limits may be	144450
extended if both the employer, taxpayer, or qualifying entity and	144451
the commissioner consent in writing to the extension or if an	144452
agreement waiving or extending the time limits has been entered	144453
into pursuant to section 122.171 of the Revised Code. Any such	144454
extension shall extend the four-year time limit in division (B) of	144455
section 5747.11 of the Revised Code for the same period of time.	144456
There shall be no bar or limit to an assessment against an	144457
employer for taxes withheld from employees and not remitted to the	144458
state, against an employer, taxpayer, or qualifying entity that	144459
fails to file a return subject to assessment as required by this	144460
chapter, or against an employer, taxpayer, or qualifying entity	144461
that files a fraudulent return.	144462

The commissioner shall give the party assessed written notice	144463
of the assessment in the manner provided in section 5703.37 of the	144464
Revised Code. With the notice, the commissioner shall provide	144465
instructions on how to petition for reassessment and request a	144466
hearing on the petition.	144467

(B) Unless the party assessed files with the tax commissioner	144468
within sixty days after service of the notice of assessment,	144469
either personally or by certified mail, a written petition for	144470
reassessment, signed by the party assessed or that party's	144471
authorized agent having knowledge of the facts, the assessment	144472
becomes final, and the amount of the assessment is due and payable	144473
from the party assessed to the commissioner with remittance made	144474
payable to the treasurer of state. The petition shall indicate the	144475
objections of the party assessed, but additional objections may be	144476
raised in writing if received by the commissioner prior to the	144477
date shown on the final determination. If the petition has been	144478
properly filed, the commissioner shall proceed under section	144479
5703.60 of the Revised Code.	144480

(C) After an assessment becomes final, if any portion of the	144481
assessment remains unpaid, including accrued interest, a certified	144482
copy of the tax commissioner's entry making the assessment final	144483
may be filed in the office of the clerk of the court of common	144484
pleas in the county in which the employer's, taxpayer's, or	144485
qualifying entity's place of business is located or the county in	144486
which the party assessed resides. If the party assessed is not a	144487
resident of this state, the certified copy of the entry may be	144488
filed in the office of the clerk of the court of common pleas of	144489
Franklin county.	144490

Immediately upon the filing of the entry, the clerk shall	144491
enter a judgment against the party assessed in the amount shown on	144492
the entry. The judgment shall be filed by the clerk in one of two	144493
loose-leaf books, one entitled "special judgments for state and	144494
school district income taxes," and the other entitled "special	144495
judgments for qualifying entity taxes." The judgment shall have	144496
the same effect as other judgments. Execution shall issue upon the	144497
judgment upon the request of the tax commissioner, and all laws	144498
applicable to sales on execution shall apply to sales made under	144499
the judgment.	144500

~~The portion of~~If the assessment is not paid in its entirety	144501
within sixty days after the assessment was issued, the portion of	144502
the assessment consisting of tax due shall bear interest at the	144503
rate per annum prescribed by section 5703.47 of the Revised Code	144504
from the day the tax commissioner issues the assessment until it	144505
is paid or until it is certified to the attorney general for	144506
collection under section 131.02 of the Revised Code, whichever	144507
comes first. If the unpaid portion of the assessment is certified	144508
to the attorney general for collection, the entire unpaid portion	144509
of the assessment shall bear interest at the rate per annum	144510
prescribed by section 5703.47 of the Revised Code from the date of	144511
certification until the date it is paid in its entirety. Interest	144512
shall be paid in the same manner as the tax and may be collected	144513
by the issuance of an assessment under this section.	144514

(D) All money collected under this section shall be	144515
considered as revenue arising from the taxes imposed by this	144516
chapter or Chapter 5733. or 5748. of the Revised Code, as	144517
appropriate.	144518

(E) If the party assessed files a petition for reassessment	144519
under division (B) of this section, the person, on or before the	144520
last day the petition may be filed, shall pay the assessed amount,	144521
including assessed interest and assessed penalties, if any of the	144522
following conditions exists:	144523

(1) The person files a tax return reporting Ohio adjusted	144524
gross income, less the exemptions allowed by section 5747.025 of	144525
the Revised Code, in an amount less than one cent, and the	144526
reported amount is not based on the computations required under	144527
division (A) of section 5747.01 or section 5747.025 of the Revised	144528
Code.	144529

(2) The person files a tax return that the tax commissioner	144530
determines to be incomplete, false, fraudulent, or frivolous.	144531

(3) The person fails to file a tax return, and the basis for	144532
this failure is not either of the following:	144533

(a) An assertion that the person has no nexus with this	144534
state;	144535

(b) The computations required under division (A) of section	144536
5747.01 of the Revised Code or the application of credits allowed	144537
under this chapter has the result that the person's tax liability	144538
is less than one dollar and one cent.	144539

(F) Notwithstanding the fact that a petition for reassessment	144540
is pending, the petitioner may pay all or a portion of the	144541
assessment that is the subject of the petition. The acceptance of	144542
a payment by the treasurer of state does not prejudice any claim	144543
for refund upon final determination of the petition.	144544

If upon final determination of the petition an error in the	144545
assessment is corrected by the tax commissioner, upon petition so	144546
filed or pursuant to a decision of the board of tax appeals or any	144547
court to which the determination or decision has been appealed, so	144548
that the amount due from the party assessed under the corrected	144549
assessment is less than the portion paid, there shall be issued to	144550
the petitioner or to the petitioner's assigns or legal	144551
representative a refund in the amount of the overpayment as	144552
provided by section 5747.11 of the Revised Code, with interest on	144553
that amount as provided by such section, subject to section	144554
5747.12 of the Revised Code.	144555

Sec. 5747.21. (A) This section applies solely for the	144556
purposes of computing the credit allowed under division (A) of	144557
section 5747.05 of the Revised Code, computing income taxable in	144558
this state under division (D) of section 5747.08 of the Revised	144559
Code, computing the deduction under division (A)(31) of section	144560
5747.01 of the Revised Code, and computing the credit allowed	144561
under section 5747.057 of the Revised Code.	144562

(B) Except as otherwise provided under ~~sections 5747.211 and~~	144563
section 5747.212 of the Revised Code, all items of business income	144564
and business deduction shall be apportioned to this state by	144565
multiplying the adjusted gross income by the fraction calculated	144566
under division (B)(2) of section 5733.05 and section 5733.057 of	144567
the Revised Code as if the taxpayer's business were a corporation	144568
subject to the tax imposed by section 5733.06 of the Revised Code.	144569

(C) If the allocation and apportionment provisions of	144570
sections 5747.20 to 5747.23 of the Revised Code or of any rule	144571
adopted by the tax commissioner, do not fairly represent the	144572
extent of business activity in this state of a taxpayer or	144573
pass-through entity, the taxpayer or pass-through entity may	144574
request, which request must be in writing accompanying ~~the~~a	144575
timely filed return or timely filed amended return, or the tax	144576
commissioner may require, in respect of all or any part of the	144577
business activity, if reasonable, any one or more of the	144578
following:	144579

(1) Separate accounting;

144580

(2) The exclusion of one or more factors;

144581

(3) The inclusion of one or more additional factors which	144582
will fairly represent the business activity in this state;	144583

(4) The employment of any other method to effectuate an	144584
equitable allocation and apportionment of such business in this	144585
state. An alternative method will be effective only with approval	144586
of the tax commissioner.	144587

The tax commissioner may adopt rules in the manner provided	144588
by sections 5703.14 and 5747.18 of the Revised Code providing for	144589
alternative methods of calculating business income and nonbusiness	144590
income applicable to all taxpayers and pass-through entities, to	144591
classes of taxpayers and pass-through entities, or only to	144592
taxpayers and pass-through entities within a certain industry.	144593

Sec. 5747.22. (A) This section applies solely for the	144594
purposes of computing the credit allowed under division (A) of	144595
section 5747.05 ~~of the Revised Code and~~, computing income taxable	144596
in this state under division (D) of section 5747.08, and computing	144597
the deduction under division (A)(31) of section 5747.01 of the	144598
Revised Code.	144599

(B) With respect to a pass-through entity, one or more of the	144600
pass-through entity investors of which are liable for the tax	144601
imposed by section 5747.02 of the Revised Code, the business	144602
income and deductions included in the adjusted gross income of the	144603
pass-through entity shall be apportioned to this state in the	144604
hands of the pass-through entity investors pursuant to section	144605
5747.21 of the Revised Code. The business income and deductions as	144606
thus apportioned to this state then shall be allocated to the	144607
pass-through entity investors in proportion to their right to	144608
share in that business income.	144609

(C) With respect to a pass-through entity described in	144610
division (B) of this section, the nonbusiness income and	144611
deductions included in the adjusted gross income of the	144612
pass-through entity shall be allocated to the pass-through entity	144613
investors in proportion to their right to share in the nonbusiness	144614
income, and then the pass-through entity shares shall be allocated	144615
to this state in the hands of each pass-through entity investor	144616
pursuant to section 5747.20 of the Revised Code.	144617

Sec. 5747.47. (A)(1) By the ~~twentieth~~twenty-fifth day of	144618
July of each year, the tax commissioner shall estimate and certify	144619
the following for each county to its county auditor:	144620

(a) Its guaranteed share of the ensuing year's fund balance;

144621

(b) Its share of the excess of the ensuing year's fund	144622
balance;	144623

144624

(2) In December and in June following such estimations and	144625
certifications, the commissioner shall revise such estimates and	144626
certify such revised estimates to the respective county auditors.	144627

(B) By the tenth day of each month the commissioner shall	144628
distribute the amount credited to the public library fund in the	144629
current month under section 131.51 of the Revised Code. The	144630
distributions shall be made as follows:	144631

(1) During the first six months of each year, each county	144632
shall be paid a percentage of the balance that is the same per	144633
cent that the revised estimate of the county's total entitlement	144634
certified in December under division (A)(2) of this section is of	144635
the sum of such revised estimates of the total entitlements for	144636
all counties.	144637

(2) During the last six months, each county shall be paid a	144638
percentage of the balance that is the same per cent that the	144639
revised estimate of the county's total entitlement certified in	144640
June under division (A)(2) of this section is of the sum of such	144641
revised estimates of the total entitlements for all counties.	144642

(3) During each of the first six months of each year, the	144643
payments made to each county shall be adjusted as follows:	144644

(a) If the county received an overpayment during the	144645
preceding distribution year, reduce the sum of the payments by the	144646
amount of such overpayment. The reduction shall be apportioned	144647
over the six months.	144648

(b) If the county received an underpayment during the	144649
preceding distribution year, increase the sum of the payments by	144650
the amount of such underpayment. The increase shall be apportioned	144651
over the six months.	144652

(C) By the twentieth day of December of each year, the tax	144653
commissioner shall determine and certify to the auditor of each	144654
county each of the following with respect to the current	144655
distribution year:	144656

(1) The year's fund balance;

144657

(2) Each county's guaranteed share;

144658

(3) Each county's share of the excess;

144659

(4) Each county's total entitlement;

144660

(5) Each county's net distribution;

144661

(6) The amount by which each county's net distribution	144662
exceeded or was less than its total entitlement, which amount	144663
shall constitute the county's overpayment or underpayment for	144664
purposes of division (B)(3) of this section in the ensuing	144665
distribution year.	144666

Sec. 5747.501. (A) On or before the twenty-fifth day of July	144667
of each year, the tax commissioner shall estimate and certify to	144668
each county auditor the amount to be distributed from the local	144669
government fund to each undivided local government fund during the	144670
following calendar year under section 5747.50 of the Revised Code.	144671
The estimate shall equal the sum of the separate amounts computed	144672
under divisions (B)(1) and (2) of this section.	144673

(B)(1) The product obtained by multiplying the percentage	144674
described in division (B)(1)(a) of this section by the amount	144675
described in division (B)(1)(b) of this section.	144676

(a) Each county's proportionate share of the total amount	144677
distributed to the counties from the local government fund and the	144678
local government revenue assistance fund during calendar year	144679
2007. In fiscal year 2014 and thereafter, the amount distributed	144680
to any county undivided local government fund shall be an amount	144681
not less than seven hundred fifty thousand dollars or the amount	144682
distributed to such fund in fiscal year 2013, whichever amount is	144683
smaller. To the extent necessary to implement this minimum	144684
distribution requirement, the proportionate shares computed under	144685
this division shall be adjusted accordingly.	144686

(b) The total amount distributed to counties from the local	144687
government fund and the local government revenue assistance fund	144688
during calendar year 2007 adjusted downward if, and to the extent	144689
that, total local government fund distributions to counties for	144690
the following year are projected to be less than what was	144691
distributed to counties from the local government fund and local	144692
government revenue assistance fund during calendar year 2007.	144693

(2) The product obtained by multiplying the percentage	144694
described in division (B)(2)(a) of this section by the amount	144695
described in division (B)(2)(b) of this section.	144696

(a) Each county's proportionate share of the state's	144697
population as reflected in the most recent federal decennial	144698
census or the federal government's most recent census estimates,	144699
whichever represents the most recent year.	144700

(b) The amount by which total estimated distributions from	144701
the local government fund during the immediately succeeding	144702
calendar year, less the total estimated amount to be distributed	144703
from the fund to municipal corporations under division (C) of	144704
section 5747.50 of the Revised Code during the immediately	144705
succeeding calendar year, exceed the total amount distributed to	144706
counties from the local government fund and local government	144707
revenue assistance fund during calendar year 2007.	144708

Sec. 5747.71. For taxable years beginning on or after	144709
January 1, 2013, there is hereby allowed a nonrefundable credit	144710
against the tax imposed by section 5747.02 of the Revised Code for	144711
a taxpayer who is an "eligible individual" as defined in section	144712
32 of the Internal Revenue Code. The credit shall equal five per	144713
cent of the credit allowed on the taxpayer's federal income tax	144714
return pursuant to section 32 of the Internal Revenue Code for the	144715
taxable year. If the Ohio adjusted gross income of the taxpayer,	144716
or the taxpayer and the taxpayer's spouse if the taxpayer and the	144717
taxpayer's spouse file a joint return under section 5747.08 of the	144718
Revised Code, less applicable exemptions under section 5747.025 of	144719
the Revised Code, exceeds twenty thousand dollars, the credit	144720
authorized by this section shall not exceed fifty per cent of the	144721
amount of tax otherwise due under section 5747.02 of the Revised	144722
Code after deducting any other nonrefundable credits that precede	144723
the credit allowed under this section in the order prescribed by	144724
section 5747.98 of the Revised Code except for the joint filing	144725
credit authorized under division (G) of section 5747.05 of the	144726
Revised Code. In all other cases, the credit authorized by this	144727
section shall not exceed the amount of tax otherwise due under	144728
section 5747.02 of the Revised Code after deducting any other	144729
nonrefundable credits that precede the credit allowed under this	144730
section in the order prescribed by section 5747.98 of the Revised	144731
Code.	144732

The credit shall be claimed in the order prescribed by	144733
section 5747.98 of the Revised Code.	144734

Sec. 5747.76. (A) As used in this section, "certificate	144735
owner" has the same meaning as in section 149.311 of the Revised	144736
Code.	144737

(B) There is allowed a credit against the tax imposed under	144738
section 5747.02 of the Revised Code for a taxpayer that is the	144739
certificate owner of a rehabilitation tax credit certificate	144740
issued under section 149.311 of the Revised Code. The credit shall	144741
equal twenty-five per cent of the dollar amount indicated on the	144742
certificate, but the amount of credit allowed for any taxpayer	144743
shall not exceed ~~five~~ten million dollars. The credit shall be	144744
claimed for the taxable year specified in the certificate and in	144745
the order required under section 5747.98 of the Revised Code.	144746

(C) Nothing in this section limits or disallows pass-through	144747
treatment of the credit if the certificate owner is a pass-through	144748
entity. If the certificate owner is a pass-through entity, the	144749
amount of the credit allowed for the pass-through entity shall not	144750
exceed five million dollars. If the certificate owner is a	144751
pass-through entity, the credit may be allocated among the	144752
entity's equity owners in proportion to their ownership interests	144753
or in such proportions or amounts as the equity owners mutually	144754
agree.	144755

(D) If the credit allowed for any taxable year exceeds the	144756
tax otherwise due under section 5747.02 of the Revised Code, after	144757
allowing for any other credits preceding the credit in the order	144758
prescribed by section 5747.98 of the Revised Code, the excess	144759
shall be refunded to the taxpayer but, if any amount of the credit	144760
is refunded, the sum of the amount refunded and the amount applied	144761
to reduce the tax otherwise due for that year shall not exceed	144762
three million dollars or, if the certificate owner is a	144763
pass-through entity, shall not exceed the taxpayer's distributive	144764
or proportionate share, as allocated under division (C) of this	144765
section, of three million dollars. The taxpayer may carry forward	144766
any balance of the credit in excess of the amount claimed for that	144767
year for not more than five ensuing taxable years, and shall	144768
deduct any amount claimed for any such year from the amount	144769
claimed in an ensuing year.	144770

(E) A taxpayer claiming a credit under this section shall	144771
retain the rehabilitation tax credit certificate for four years	144772
following the end of the taxable year to which the credit was	144773
applied, and shall make the certificate available for inspection	144774
by the tax commissioner upon the request of the tax commissioner	144775
during that period.	144776

Sec. 5747.98. (A) To provide a uniform procedure for	144777
calculating the amount of tax due under section 5747.02 of the	144778
Revised Code, a taxpayer shall claim any credits to which the	144779
taxpayer is entitled in the following order:	144780

(1) The retirement income credit under division (B) of	144781
section 5747.055 of the Revised Code;	144782

(2) The senior citizen credit under division (C) of section	144783
5747.05 of the Revised Code;	144784

(3) The lump sum distribution credit under division (D) of	144785
section 5747.05 of the Revised Code;	144786

(4) The dependent care credit under section 5747.054 of the	144787
Revised Code;	144788

(5) The lump sum retirement income credit under division (C)	144789
of section 5747.055 of the Revised Code;	144790

(6) The lump sum retirement income credit under division (D)	144791
of section 5747.055 of the Revised Code;	144792

(7) The lump sum retirement income credit under division (E)	144793
of section 5747.055 of the Revised Code;	144794

(8) The low-income credit under section 5747.056 of the	144795
Revised Code;	144796

(9) The credit for displaced workers who pay for job training	144797
under section 5747.27 of the Revised Code;	144798

(10) The campaign contribution credit under section 5747.29	144799
of the Revised Code;	144800

(11) The twenty-dollar personal exemption credit under	144801
section 5747.022 of the Revised Code;	144802

(12) The joint filing credit under division (G) of section	144803
5747.05 of the Revised Code;	144804

(13) The nonresident credit under division (A) of section	144805
5747.05 of the Revised Code;	144806

(14) The credit for a resident's out-of-state income under	144807
division (B) of section 5747.05 of the Revised Code;	144808

(15) The ~~credit for employers that enter into agreements with~~	144809
~~child day-care centers under section 5747.34~~earned income credit	144810
under section 5747.71 of the Revised Code;	144811

(16) The credit for employers that reimburse employee child	144812
care expenses under section 5747.36 of the Revised Code;	144813

(17) The credit for adoption of a minor child under section	144814
5747.37 of the Revised Code;	144815

(18) The credit for purchases of lights and reflectors under	144816
section 5747.38 of the Revised Code;	144817

(19) The nonrefundable job retention credit under division	144818
(B) of section 5747.058 of the Revised Code;	144819

(20) The credit for selling alternative fuel under section	144820
5747.77 of the Revised Code;	144821

(21) The second credit for purchases of new manufacturing	144822
machinery and equipment and the credit for using Ohio coal under	144823
section 5747.31 of the Revised Code;	144824

(22) The job training credit under section 5747.39 of the	144825
Revised Code;	144826

(23) The enterprise zone credit under section 5709.66 of the	144827
Revised Code;	144828

(24) The credit for the eligible costs associated with a	144829
voluntary action under section 5747.32 of the Revised Code;	144830

(25) The credit for employers that establish on-site child	144831
day-care centers under section 5747.35 of the Revised Code;	144832

(26) The ethanol plant investment credit under section	144833
5747.75 of the Revised Code;	144834

(27) The credit for purchases of qualifying grape production	144835
property under section 5747.28 of the Revised Code;	144836

(28) The small business investment credit under section	144837
5747.81 of the Revised Code;	144838

(29) ~~The credit for research and development and technology~~	144839
~~transfer investors under section 5747.33 of the Revised Code;~~	144840

~~(30)~~ The enterprise zone credits under section 5709.65 of the	144841
Revised Code;	144842

~~(31)~~(30) The research and development credit under section	144843
5747.331 of the Revised Code;	144844

~~(32)~~(31) The credit for rehabilitating a historic building	144845
under section 5747.76 of the Revised Code;	144846

~~(33)~~(32) The refundable credit for rehabilitating a historic	144847
building under section 5747.76 of the Revised Code;	144848

~~(34)~~(33) The refundable jobs creation credit or job retention	144849
credit under division (A) of section 5747.058 of the Revised Code;	144850

~~(35)~~(34) The refundable credit for taxes paid by a qualifying	144851
entity granted under section 5747.059 of the Revised Code;	144852

~~(36)~~(35) The refundable credits for taxes paid by a	144853
qualifying pass-through entity granted under division (J) of	144854
section 5747.08 of the Revised Code;	144855

~~(37)~~(36) The refundable credit under section 5747.80 of the	144856
Revised Code for losses on loans made to the Ohio venture capital	144857
program under sections 150.01 to 150.10 of the Revised Code;	144858

~~(38)~~(37) The refundable motion picture production credit	144859
under section 5747.66 of the Revised Code.	144860

~~(39)~~(38) The refundable credit for financial institution	144861
taxes paid by a pass-through entity granted under section 5747.65	144862
of the Revised Code.	144863

(B) For any credit, except the refundable credits enumerated	144864
in this section and the credit granted under division (I) of	144865
section 5747.08 of the Revised Code, the amount of the credit for	144866
a taxable year shall not exceed the tax due after allowing for any	144867
other credit that precedes it in the order required under this	144868
section. Any excess amount of a particular credit may be carried	144869
forward if authorized under the section creating that credit.	144870
Nothing in this chapter shall be construed to allow a taxpayer to	144871
claim, directly or indirectly, a credit more than once for a	144872
taxable year.	144873

Sec. 5748.01. As used in this chapter:

144874

(A) "School district income tax" means an income tax adopted	144875
under one of the following:	144876

(1) Former section 5748.03 of the Revised Code as it existed	144877
prior to its repeal by Amended Substitute House Bill No. 291 of	144878
the 115th general assembly;	144879

(2) Section 5748.03 of the Revised Code as enacted in	144880
Substitute Senate Bill No. 28 of the 118th general assembly;	144881

(3) Section 5748.08 of the Revised Code as enacted in Amended	144882
Substitute Senate Bill No. 17 of the 122nd general assembly;	144883

(4) Section 5748.021 of the Revised Code;

144884

(5) Section 5748.081 of the Revised Code;

144885

(6) Section 5748.09 of the Revised Code.

144886

(B) "Individual" means an individual subject to the tax	144887
levied by section 5747.02 of the Revised Code.	144888

(C) "Estate" means an estate subject to the tax levied by	144889
section 5747.02 of the Revised Code.	144890

(D) "Taxable year" means a taxable year as defined in	144891
division (M) of section 5747.01 of the Revised Code.	144892

(E) "Taxable income" means:

144893

(1) In the case of an individual, one of the following, as	144894
specified in the resolution imposing the tax:	144895

(a) Ohio adjusted gross income for the taxable year as	144896
defined in division (A) of section 5747.01 of the Revised Code,	144897
less the exemptions provided by section 5747.02 of the Revised	144898
Code, plus any amount deducted under division (A)(31) of section	144899
5747.01 of the Revised Code for the taxable year;	144900

(b) Wages, salaries, tips, and other employee compensation to	144901
the extent included in Ohio adjusted gross income as defined in	144902
section 5747.01 of the Revised Code, and net earnings from	144903
self-employment, as defined in section 1402(a) of the Internal	144904
Revenue Code, to the extent included in Ohio adjusted gross	144905
income.	144906

(2) In the case of an estate, taxable income for the taxable	144907
year as defined in division (S) of section 5747.01 of the Revised	144908
Code.	144909

(F) "Resident" of the school district means:

144910

(1) An individual who is a resident of this state as defined	144911
in division (I) of section 5747.01 of the Revised Code during all	144912
or a portion of the taxable year and who, during all or a portion	144913
of such period of state residency, is domiciled in the school	144914
district or lives in and maintains a permanent place of abode in	144915
the school district;	144916

(2) An estate of a decedent who, at the time of death, was	144917
domiciled in the school district.	144918

(G) "School district income" means:

144919

(1) With respect to an individual, the portion of the taxable	144920
income of an individual that is received by the individual during	144921
the portion of the taxable year that the individual is a resident	144922
of the school district and the school district income tax is in	144923
effect in that school district. An individual may have school	144924
district income with respect to more than one school district.	144925

(2) With respect to an estate, the taxable income of the	144926
estate for the portion of the taxable year that the school	144927
district income tax is in effect in that school district.	144928

(H) "Taxpayer" means an individual or estate having school	144929
district income upon which a school district income tax is	144930
imposed.	144931

(I) "School district purposes" means any of the purposes for	144932
which a tax may be levied pursuant to division (A) of section	144933
5705.21 of the Revised Code, including the combined purposes	144934
authorized by section 5705.217 of the Revised Code.	144935

Sec. 5749.02. (A) For the purpose of providing revenue to	144936
administer the state's coal mining and reclamation regulatory	144937
program, to meet the environmental and resource management needs	144938
of this state, and to reclaim land affected by mining, an excise	144939
tax is hereby levied on the privilege of engaging in the severance	144940
of natural resources from the soil or water of this state. The tax	144941
shall be imposed upon the severer ~~and shall be~~at the rates	144942
prescribed by divisions (A)(1) to (9) of this section:	144943

(1) Ten cents per ton of coal;

144944

(2) Four cents per ton of salt;

144945

(3) Two cents per ton of limestone or dolomite;

144946

(4) Two cents per ton of sand and gravel;

144947

(5) Ten cents per barrel of oil;

144948

(6) Two and one-half cents per thousand cubic feet of natural	144949
gas;	144950

(7) One cent per ton of clay, sandstone or conglomerate,	144951
shale, gypsum, or quartzite;	144952

(8) Except as otherwise provided in this division or in rules	144953
adopted by the reclamation forfeiture fund advisory board under	144954
section 1513.182 of the Revised Code, an additional fourteen cents	144955
per ton of coal produced from an area under a coal mining and	144956
reclamation permit issued under Chapter 1513. of the Revised Code	144957
for which the performance security is provided under division	144958
(C)(2) of section 1513.08 of the Revised Code. Beginning July 1,	144959
2007, if at the end of a fiscal biennium the balance of the	144960
reclamation forfeiture fund created in section 1513.18 of the	144961
Revised Code is equal to or greater than ten million dollars, the	144962
rate levied shall be twelve cents per ton. Beginning July 1, 2007,	144963
if at the end of a fiscal biennium the balance of the fund is at	144964
least five million dollars, but less than ten million dollars, the	144965
rate levied shall be fourteen cents per ton. Beginning July 1,	144966
2007, if at the end of a fiscal biennium the balance of the fund	144967
is less than five million dollars, the rate levied shall be	144968
sixteen cents per ton. Beginning July 1, 2009, not later than	144969
thirty days after the close of a fiscal biennium, the chief of the	144970
division of mineral resources management shall certify to the tax	144971
commissioner the amount of the balance of the reclamation	144972
forfeiture fund as of the close of the fiscal biennium. Any	144973
necessary adjustment of the rate levied shall take effect on the	144974
first day of the following January and shall remain in effect	144975
during the calendar biennium that begins on that date.	144976

(9) An additional one and two-tenths cents per ton of coal	144977
mined by surface mining methods.	144978

(B) OfAfter the director of budget and management transfers	144979
money from the severance tax receipts fund as required in division	144980
(H) of section 5749.06 of the Revised Code, money remaining in the	144981
severance tax receipts fund, except for money in the fund from the	144982
amounts due under section 1509.50 of the Revised Code, shall be	144983
credited as follows:	144984

(1) Of the moneys ~~received by the treasurer of state~~in the	144985
fund from the tax levied in division (A)(1) of this section, four	144986
and seventy-six-hundredths per cent shall be credited to the	144987
geological mapping fund created in section 1505.09 of the Revised	144988
Code, eighty and ninety-five-hundredths per cent shall be credited	144989
to the coal mining administration and reclamation reserve fund	144990
created in section 1513.181 of the Revised Code, and fourteen and	144991
twenty-nine-hundredths per cent shall be credited to the	144992
unreclaimed lands fund created in section 1513.30 of the Revised	144993
Code.	144994

(2) The money ~~received by the treasurer of state~~in the fund	144995
from the tax levied in division (A)(2) of this section shall be	144996
credited to the geological mapping fund.	144997

(3) Of the moneys ~~received by the treasurer of state~~in the	144998
fund from the tax levied in divisions (A)(3) and (4) of this	144999
section, seven and five-tenths per cent shall be credited to the	145000
geological mapping fund, forty-two and five-tenths per cent shall	145001
be credited to the unreclaimed lands fund, and the remainder shall	145002
be credited to the surface mining fund created in section 1514.06	145003
of the Revised Code.	145004

(4) Of the moneys ~~received by the treasurer of state~~in the	145005
fund from the tax levied in divisions (A)(5) and (6) of this	145006
section, ninety per cent shall be credited to the oil and gas well	145007
fund created in section 1509.02 of the Revised Code and ten per	145008
cent shall be credited to the geological mapping fund. All of the	145009
moneys ~~received by the treasurer of state~~in the fund from the	145010
tax levied in division (A)(7) of this section shall be credited to	145011
the surface mining fund.	145012

(5) All of the moneys ~~received by the treasurer of state~~in	145013
the fund from the tax levied in division (A)(8) of this section	145014
shall be credited to the reclamation forfeiture fund.	145015

(6) All of the moneys ~~received by the treasurer of state~~in	145016
the fund from the tax levied in division (A)(9) of this section	145017
shall be credited to the unreclaimed lands fund.	145018

(C) When, at the close of any fiscal year, the chief finds	145019
that the balance of the reclamation forfeiture fund, plus	145020
estimated transfers to it from the coal mining administration and	145021
reclamation reserve fund under section 1513.181 of the Revised	145022
Code, plus the estimated revenues from the tax levied by division	145023
(A)(8) of this section for the remainder of the calendar year that	145024
includes the close of the fiscal year, are sufficient to complete	145025
the reclamation of all lands for which the performance security	145026
has been provided under division (C)(2) of section 1513.08 of the	145027
Revised Code, the purposes for which the tax under division (A)(8)	145028
of this section is levied shall be deemed accomplished at the end	145029
of that calendar year. The chief, within thirty days after the	145030
close of the fiscal year, shall certify those findings to the tax	145031
commissioner, and the tax levied under division (A)(8) of this	145032
section shall cease to be imposed for the subsequent calendar year	145033
after the last day of that calendar year on coal produced under a	145034
coal mining and reclamation permit issued under Chapter 1513. of	145035
the Revised Code if the permittee has made tax payments under	145036
division (A)(8) of this section during each of the preceding five	145037
full calendar years. Not later than thirty days after the close of	145038
a fiscal year, the chief shall certify to the tax commissioner the	145039
identity of any permittees who accordingly no longer are required	145040
to pay the tax levied under division (A)(8) of this section for	145041
the subsequent calendar year.	145042

Sec. 5749.06. (A)(1) Each severer liable for the tax imposed	145043
by section 5749.02 of the Revised Code and each severer or owner	145044
liable for the amounts due under section 1509.50 of the Revised	145045
Code shall make and file returns with the tax commissioner in the	145046
prescribed form and as of the prescribed times, computing and	145047
reflecting therein the tax as required by this chapter and amounts	145048
due under section 1509.50 of the Revised Code.	145049

(2) The returns shall be filed for every quarterly period,	145050
which periods shall end on the thirty-first day of March, the	145051
thirtieth day of June, the thirtieth day of September, and the	145052
thirty-first day of December of each year, as required by this	145053
section, unless a different return period is prescribed for a	145054
taxpayer by the commissioner.	145055

(B)(1) A separate return shall be filed for each calendar	145056
quarterly period, or other period, or any part thereof, during	145057
which the severer holds a license as provided by section 5749.04	145058
of the Revised Code, or is required to hold the license, or during	145059
which an owner is required to file a return~~, and the~~. The return	145060
shall be filed within forty-five days after the last day of each	145061
such calendar month, or other period, or any part thereof, for	145062
which the return is required ~~and shall include remittance payable~~	145063
~~to the treasurer of state of the amount of~~. The tax due is payable	145064
along with the return. All such returns shall contain such	145065
information as the commissioner may require to fairly administer	145066
the tax.	145067

(2) All returns shall be signed by the severer or owner, as	145068
applicable, shall contain the full and complete information	145069
requested, and shall be made under penalty of perjury.	145070

(C) If the commissioner believes that quarterly payments of	145071
tax would result in a delay that might jeopardize the collection	145072
of such tax payments, the commissioner may order that such	145073
payments be made weekly, or more frequently if necessary, such	145074
payments to be made not later than seven days following the close	145075
of the period for which the jeopardy payment is required. Such an	145076
order shall be delivered to the taxpayer personally or by	145077
certified mail and shall remain in effect until the commissioner	145078
notifies the taxpayer to the contrary.	145079

(D) Upon good cause the commissioner may extend for thirty	145080
days the period for filing any notice or return required to be	145081
filed under this section, and may remit all or a part of penalties	145082
that may become due under this chapter.	145083

(E) Any tax and any amount due under section 1509.50 of the	145084
Revised Code not paid by the day the tax or amount is due shall	145085
bear interest computed at the rate per annum prescribed by section	145086
5703.47 of the Revised Code on that amount due from the day that	145087
the amount was originally required to be paid to the day of actual	145088
payment or to the day an assessment was issued under section	145089
5749.07 or 5749.10 of the Revised Code, whichever occurs first.	145090

(F) ~~The severer shall make all payments payable to the~~	145091
~~treasurer of state. Except for the amounts due under section~~	145092
~~1509.50 of the Revised Code, all~~A severer or owner, as	145093
applicable, that fails to file a complete return or pay the full	145094
amount due under this chapter within the time prescribed,	145095
including any extensions of time granted by the commissioner,	145096
shall be subject to a penalty not to exceed the greater of fifty	145097
dollars or ten per cent of the amount due for the period.	145098

(G)(1) A severer or owner, as applicable, shall remit	145099
payments electronically and, if required by the commissioner, file	145100
each return electronically. The commissioner may require that the	145101
severer or owner use the Ohio business gateway, as defined in	145102
section 718.051 of the Revised Code, or another electronic means	145103
to file returns and remit payments electronically.	145104

(2) A severer or owner that is required to remit payments	145105
electronically under this section may apply to the commissioner,	145106
in the manner prescribed by the commissioner, to be excused from	145107
that requirement. The commissioner may excuse a severer or owner	145108
from the requirements of division (G) of this section for good	145109
cause.	145110

(3) If a severer or owner that is required to remit payments	145111
or file returns electronically under this section fails to do so,	145112
the commissioner may impose a penalty on the severer or owner not	145113
to exceed the following:	145114

(a) For the first or second payment or return the severer or	145115
owner fails to remit or file electronically, the greater of five	145116
per cent of the amount of the payment that was required to be	145117
remitted or twenty-five dollars;	145118

(b) For every payment or return after the second that the	145119
severer or owner fails to remit or file electronically, the	145120
greater of ten per cent of the amount of the payment that was	145121
required to be remitted or fifty dollars.	145122

(H)(1) All amounts that the ~~tax~~ commissioner receives under	145123
this section shall be deemed to be revenue from taxes imposed	145124
under this chapter~~. The commissioner shall immediately forward to~~	145125
~~the treasurer of state all amounts received under this section~~or	145126
from the amount due under section 1509.50 of the Revised Code, as	145127
applicable, and shall be deposited in the severance tax receipts	145128
fund, which is hereby created in the state treasury.	145129

(2) The director of budget and management shall transfer from	145130
the severance tax receipts fund to the tax refund fund amounts	145131
equal to the refunds certified by the commissioner under section	145132
5749.08 of the Revised Code. Any amount transferred under division	145133
(H)(2) of this section shall be derived from receipts of the same	145134
tax or other amount from which the refund arose.	145135

(3) After the director of budget and management makes any	145136
transfer required by division (H)(2) of this section, but not	145137
later than the fifteenth day of the month following the end of	145138
each calendar quarter, the commissioner shall certify to the	145139
director the total amount remaining in the severance tax receipts	145140
fund organized according to the amount attributable to each	145141
natural resource and according to the amount attributable to a tax	145142
imposed by this chapter and the amounts due under section 1509.50	145143
of the Revised Code.	145144

(I) Penalties imposed under this section are in addition to	145145
any other penalty imposed under this chapter and shall be	145146
considered as revenue arising from the tax levied under this	145147
chapter or the amount due under section 1509.50 of the Revised	145148
Code, as applicable. The commissioner may collect any penalty or	145149
interest imposed under this section in the same manner as provided	145150
for the making of an assessment in section 5749.07 of the Revised	145151
Code. The commissioner may abate all or a portion of such interest	145152
or penalties and may adopt rules governing such abatements.	145153

Sec. 5749.07. (A) If any severer required by this chapter to	145154
make and file returns and pay the tax levied by section 5749.02 of	145155
the Revised Code, or any severer or owner liable for the amounts	145156
due under section 1509.50 of the Revised Code, fails to make such	145157
return or pay such tax or amounts, the tax commissioner may make	145158
an assessment against the severer or owner based upon any	145159
information in the commissioner's possession.	145160

No assessment shall be made or issued against any severer for	145161
any tax imposed by section 5749.02 of the Revised Code or against	145162
any severer or owner for any amount due under section 1509.50 of	145163
the Revised Code more than four years after the return was due or	145164
was filed, whichever is later. This section does not bar an	145165
assessment against a severer or owner who fails to file a return	145166
as required by this chapter, or who files a fraudulent return.	145167

The commissioner shall give the party assessed written notice	145168
of such assessment in the manner provided in section 5703.37 of	145169
the Revised Code. With the notice, the commissioner shall provide	145170
instructions on how to petition for reassessment and request a	145171
hearing on the petition.	145172

(B) Unless the party assessed files with the commissioner	145173
within sixty days after service of the notice of assessment,	145174
either personally or by certified mail, a written petition for	145175
reassessment signed by the party assessed or that party's	145176
authorized agent having knowledge of the facts, the assessment	145177
becomes final and the amount of the assessment is due and payable	145178
from the party assessed to the treasurer of state. The petition	145179
shall indicate the objections of the party assessed, but	145180
additional objections may be raised in writing if received by the	145181
commissioner prior to the date shown on the final determination.	145182
If the petition has been properly filed, the commissioner shall	145183
proceed under section 5703.60 of the Revised Code.	145184

(C) After an assessment becomes final, if any portion of the	145185
assessment remains unpaid, including accrued interest, a certified	145186
copy of the commissioner's entry making the assessment final may	145187
be filed in the office of the clerk of the court of common pleas	145188
in the county in which the party assessed resides or in which the	145189
party's business is conducted. If the party assessed maintains no	145190
place of business in this state and is not a resident of this	145191
state, the certified copy of the entry may be filed in the office	145192
of the clerk of the court of common pleas of Franklin county.	145193

Immediately upon the filing of such entry, the clerk shall	145194
enter a judgment for the state against the party assessed in the	145195
amount shown on the entry. The judgment may be filed by the clerk	145196
in a loose-leaf book entitled "special judgments for state	145197
severance tax," and shall have the same effect as other judgments.	145198
Execution shall issue upon the judgment upon the request of the	145199
commissioner, and all laws applicable to sales on execution shall	145200
apply to sales made under the judgment.	145201

~~The portion of~~If the assessment is not paid in its entirety	145202
within sixty days after the day the assessment is issued, the	145203
portion of the assessment consisting of tax due or amounts due	145204
under section 1509.50 of the Revised Code shall bear interest at	145205
the rate per annum prescribed by section 5703.47 of the Revised	145206
Code from the day the commissioner issues the assessment until it	145207
is paid or until it is certified to the attorney general for	145208
collection under section 131.02 of the Revised Code, whichever	145209
comes first. If the unpaid portion of the assessment is certified	145210
to the attorney general for collection, the entire unpaid portion	145211
of the assessment shall bear interest at the rate per annum	145212
prescribed by section 5703.47 of the Revised Code from the date of	145213
certification until the date it is paid in its entirety. Interest	145214
shall be paid in the same manner as the tax and may be collected	145215
by the issuance of an assessment under this section.	145216

(D) All money collected by the commissioner under this	145217
section shall be paid to the treasurer of state, and when paid	145218
shall be considered as revenue arising from the tax imposed by	145219
section 5749.02 of the Revised Code and the amount due under	145220
section 1509.50 of the Revised Code, as applicable.	145221

Sec. 5749.17. ~~Any~~Except for purposes of enforcing Chapter	145222
1509. of the Revised Code, any information provided to the	145223
department of natural resources by the department of taxation in	145224
accordance with division (C)(12) of section 5703.21 of the Revised	145225
Code shall not be disclosed publicly by the department of natural	145226
resources~~, but~~. However the department of natural resources may	145227
provide such information to the attorney general for purposes of	145228
enforcement of ~~the law~~Chapter 1509. of the Revised Code.	145229

Sec. 5751.01. As used in this chapter:

145230

(A) "Person" means, but is not limited to, individuals,	145231
combinations of individuals of any form, receivers, assignees,	145232
trustees in bankruptcy, firms, companies, joint-stock companies,	145233
business trusts, estates, partnerships, limited liability	145234
partnerships, limited liability companies, associations, joint	145235
ventures, clubs, societies, for-profit corporations, S	145236
corporations, qualified subchapter S subsidiaries, qualified	145237
subchapter S trusts, trusts, entities that are disregarded for	145238
federal income tax purposes, and any other entities.	145239

(B) "Consolidated elected taxpayer" means a group of two or	145240
more persons treated as a single taxpayer for purposes of this	145241
chapter as the result of an election made under section 5751.011	145242
of the Revised Code.	145243

(C) "Combined taxpayer" means a group of two or more persons	145244
treated as a single taxpayer for purposes of this chapter under	145245
section 5751.012 of the Revised Code.	145246

(D) "Taxpayer" means any person, or any group of persons in	145247
the case of a consolidated elected taxpayer or combined taxpayer	145248
treated as one taxpayer, required to register or pay tax under	145249
this chapter. "Taxpayer" does not include excluded persons.	145250

(E) "Excluded person" means any of the following:

145251

(1) Any person with not more than one hundred fifty thousand	145252
dollars of taxable gross receipts during the calendar year.	145253
Division (E)(1) of this section does not apply to a person that is	145254
a member of a consolidated elected taxpayer;	145255

(2) A public utility that paid the excise tax imposed by	145256
section 5727.24 or 5727.30 of the Revised Code based on one or	145257
more measurement periods that include the entire tax period under	145258
this chapter, except that a public utility that is a combined	145259
company is a taxpayer with regard to the following gross receipts:	145260

(a) Taxable gross receipts directly attributed to a public	145261
utility activity, but not directly attributed to an activity that	145262
is subject to the excise tax imposed by section 5727.24 or 5727.30	145263
of the Revised Code;	145264

(b) Taxable gross receipts that cannot be directly attributed	145265
to any activity, multiplied by a fraction whose numerator is the	145266
taxable gross receipts described in division (E)(2)(a) of this	145267
section and whose denominator is the total taxable gross receipts	145268
that can be directly attributed to any activity;	145269

(c) Except for any differences resulting from the use of an	145270
accrual basis method of accounting for purposes of determining	145271
gross receipts under this chapter and the use of the cash basis	145272
method of accounting for purposes of determining gross receipts	145273
under section 5727.24 of the Revised Code, the gross receipts	145274
directly attributed to the activity of a natural gas company shall	145275
be determined in a manner consistent with division (D) of section	145276
5727.03 of the Revised Code.	145277

As used in division (E)(2) of this section, "combined	145278
company" and "public utility" have the same meanings as in section	145279
5727.01 of the Revised Code.	145280

(3) A financial institution, as defined in section 5726.01 of	145281
the Revised Code, that paid the tax imposed by section 5726.02 of	145282
the Revised Code based on one or more taxable years that include	145283
the entire tax period under this chapter;	145284

(4) A person directly or indirectly owned by one or more	145285
financial institutions, as defined in section 5726.01 of the	145286
Revised Code, that paid the tax imposed by section 5726.02 of the	145287
Revised Code based on one or more taxable years that include the	145288
entire tax period under this chapter.	145289

For the purposes of division (E)(4) of this section, a person	145290
owns another person under the following circumstances:	145291

(a) In the case of corporations issuing capital stock, one	145292
corporation owns another corporation if it owns fifty per cent or	145293
more of the other corporation's capital stock with current voting	145294
rights;	145295

(b) In the case of a limited liability company, one person	145296
owns the company if that person's membership interest, as defined	145297
in section 1705.01 of the Revised Code, is fifty per cent or more	145298
of the combined membership interests of all persons owning such	145299
interests in the company;	145300

(c) In the case of a partnership, trust, or other	145301
unincorporated business organization other than a limited	145302
liability company, one person owns the organization if, under the	145303
articles of organization or other instrument governing the affairs	145304
of the organization, that person has a beneficial interest in the	145305
organization's profits, surpluses, losses, or distributions of	145306
fifty per cent or more of the combined beneficial interests of all	145307
persons having such an interest in the organization.	145308

(5) A domestic insurance company or foreign insurance	145309
company, as defined in section 5725.01 of the Revised Code, that	145310
paid the insurance company premiums tax imposed by section 5725.18	145311
or Chapter 5729. of the Revised Code, or an unauthorized insurance	145312
company whose gross premiums are subject to tax under section	145313
3905.36 of the Revised Code based on one or more measurement	145314
periods that include the entire tax period under this chapter;	145315

(6) A person that solely facilitates or services one or more	145316
securitizations of phase-in-recovery property pursuant to a final	145317
financing order as those terms are defined in section 4928.23 of	145318
the Revised Code. For purposes of this division, "securitization"	145319
means transferring one or more assets to one or more persons and	145320
then issuing securities backed by the right to receive payment	145321
from the asset or assets so transferred.	145322

(7) Except as otherwise provided in this division, a	145323
pre-income tax trust as defined in division (FF)(4) of section	145324
5747.01 of the Revised Code and any pass-through entity of which	145325
such pre-income tax trust owns or controls, directly, indirectly,	145326
or constructively through related interests, more than five per	145327
cent of the ownership or equity interests. If the pre-income tax	145328
trust has made a qualifying pre-income tax trust election under	145329
division (FF)(3) of section 5747.01 of the Revised Code, then the	145330
trust and the pass-through entities of which it owns or controls,	145331
directly, indirectly, or constructively through related interests,	145332
more than five per cent of the ownership or equity interests,	145333
shall not be excluded persons for purposes of the tax imposed	145334
under section 5751.02 of the Revised Code.	145335

(8) Nonprofit organizations or the state and its agencies,	145336
instrumentalities, or political subdivisions.	145337

(F) Except as otherwise provided in divisions (F)(2), (3),	145338
and (4) of this section, "gross receipts" means the total amount	145339
realized by a person, without deduction for the cost of goods sold	145340
or other expenses incurred, that contributes to the production of	145341
gross income of the person, including the fair market value of any	145342
property and any services received, and any debt transferred or	145343
forgiven as consideration.	145344

(1) The following are examples of gross receipts:

145345

(a) Amounts realized from the sale, exchange, or other	145346
disposition of the taxpayer's property to or with another;	145347

(b) Amounts realized from the taxpayer's performance of	145348
services for another;	145349

(c) Amounts realized from another's use or possession of the	145350
taxpayer's property or capital;	145351

(d) Any combination of the foregoing amounts.

145352

(2) "Gross receipts" excludes the following amounts:

145353

(a) Interest income except interest on credit sales;

145354

(b) Dividends and distributions from corporations, and	145355
distributive or proportionate shares of receipts and income from a	145356
pass-through entity as defined under section 5733.04 of the	145357
Revised Code;	145358

(c) Receipts from the sale, exchange, or other disposition of	145359
an asset described in section 1221 or 1231 of the Internal Revenue	145360
Code, without regard to the length of time the person held the	145361
asset. Notwithstanding section 1221 of the Internal Revenue Code,	145362
receipts from hedging transactions also are excluded to the extent	145363
the transactions are entered into primarily to protect a financial	145364
position, such as managing the risk of exposure to (i) foreign	145365
currency fluctuations that affect assets, liabilities, profits,	145366
losses, equity, or investments in foreign operations; (ii)	145367
interest rate fluctuations; or (iii) commodity price fluctuations.	145368
As used in division (F)(2)(c) of this section, "hedging	145369
transaction" has the same meaning as used in section 1221 of the	145370
Internal Revenue Code and also includes transactions accorded	145371
hedge accounting treatment under statement of financial accounting	145372
standards number 133 of the financial accounting standards board.	145373
For the purposes of division (F)(2)(c) of this section, the actual	145374
transfer of title of real or tangible personal property to another	145375
entity is not a hedging transaction.	145376

(d) Proceeds received attributable to the repayment,	145377
maturity, or redemption of the principal of a loan, bond, mutual	145378
fund, certificate of deposit, or marketable instrument;	145379

(e) The principal amount received under a repurchase	145380
agreement or on account of any transaction properly characterized	145381
as a loan to the person;	145382

(f) Contributions received by a trust, plan, or other	145383
arrangement, any of which is described in section 501(a) of the	145384
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	145385
1, Subchapter (D) of the Internal Revenue Code applies;	145386

(g) Compensation, whether current or deferred, and whether in	145387
cash or in kind, received or to be received by an employee, former	145388
employee, or the employee's legal successor for services rendered	145389
to or for an employer, including reimbursements received by or for	145390
an individual for medical or education expenses, health insurance	145391
premiums, or employee expenses, or on account of a dependent care	145392
spending account, legal services plan, any cafeteria plan	145393
described in section 125 of the Internal Revenue Code, or any	145394
similar employee reimbursement;	145395

(h) Proceeds received from the issuance of the taxpayer's own	145396
stock, options, warrants, puts, or calls, or from the sale of the	145397
taxpayer's treasury stock;	145398

(i) Proceeds received on the account of payments from	145399
insurance policies, except those proceeds received for the loss of	145400
business revenue;	145401

(j) Gifts or charitable contributions received; membership	145402
dues received by trade, professional, homeowners', or condominium	145403
associations; and payments received for educational courses,	145404
meetings, meals, or similar payments to a trade, professional, or	145405
other similar association; and fundraising receipts received by	145406
any person when any excess receipts are donated or used	145407
exclusively for charitable purposes;	145408

(k) Damages received as the result of litigation in excess of	145409
amounts that, if received without litigation, would be gross	145410
receipts;	145411

(l) Property, money, and other amounts received or acquired	145412
by an agent on behalf of another in excess of the agent's	145413
commission, fee, or other remuneration;	145414

(m) Tax refunds, other tax benefit recoveries, and	145415
reimbursements for the tax imposed under this chapter made by	145416
entities that are part of the same combined taxpayer or	145417
consolidated elected taxpayer group, and reimbursements made by	145418
entities that are not members of a combined taxpayer or	145419
consolidated elected taxpayer group that are required to be made	145420
for economic parity among multiple owners of an entity whose tax	145421
obligation under this chapter is required to be reported and paid	145422
entirely by one owner, pursuant to the requirements of sections	145423
5751.011 and 5751.012 of the Revised Code;	145424

(n) Pension reversions;

145425

(o) Contributions to capital;

145426

(p) Sales or use taxes collected as a vendor or an	145427
out-of-state seller on behalf of the taxing jurisdiction from a	145428
consumer or other taxes the taxpayer is required by law to collect	145429
directly from a purchaser and remit to a local, state, or federal	145430
tax authority;	145431

(q) In the case of receipts from the sale of cigarettes or	145432
tobacco products by a wholesale dealer, retail dealer,	145433
distributor, manufacturer, or seller, all as defined in section	145434
5743.01 of the Revised Code, an amount equal to the federal and	145435
state excise taxes paid by any person on or for such cigarettes or	145436
tobacco products under subtitle E of the Internal Revenue Code or	145437
Chapter 5743. of the Revised Code;	145438

(r) ~~In the case of receipts from the sale of motor fuel by a~~	145439
~~licensed motor fuel dealer, licensed retail dealer, or licensed~~	145440
~~permissive motor fuel dealer, all as defined in section 5735.01 of~~	145441
~~the Revised Code, an amount equal to federal and state excise~~	145442
~~taxes paid by any person on such motor fuel under section 4081 of~~	145443
~~the Internal Revenue Code or Chapter 5735.~~Receipts from the sale,	145444
transfer, exchange, or other disposition of motor fuel as "motor	145445
fuel" is defined in section 5736.01 of the Revised Code;	145446

(s) In the case of receipts from the sale of beer or	145447
intoxicating liquor, as defined in section 4301.01 of the Revised	145448
Code, by a person holding a permit issued under Chapter 4301. or	145449
4303. of the Revised Code, an amount equal to federal and state	145450
excise taxes paid by any person on or for such beer or	145451
intoxicating liquor under subtitle E of the Internal Revenue Code	145452
or Chapter 4301. or 4305. of the Revised Code;	145453

(t) Receipts realized by a new motor vehicle dealer or used	145454
motor vehicle dealer, as defined in section 4517.01 of the Revised	145455
Code, from the sale or other transfer of a motor vehicle, as	145456
defined in that section, to another motor vehicle dealer for the	145457
purpose of resale by the transferee motor vehicle dealer, but only	145458
if the sale or other transfer was based upon the transferee's need	145459
to meet a specific customer's preference for a motor vehicle;	145460

(u) Receipts from a financial institution described in	145461
division (E)(3) of this section for services provided to the	145462
financial institution in connection with the issuance, processing,	145463
servicing, and management of loans or credit accounts, if such	145464
financial institution and the recipient of such receipts have at	145465
least fifty per cent of their ownership interests owned or	145466
controlled, directly or constructively through related interests,	145467
by common owners;	145468

(v) Receipts realized from administering anti-neoplastic	145469
drugs and other cancer chemotherapy, biologicals, therapeutic	145470
agents, and supportive drugs in a physician's office to patients	145471
with cancer;	145472

(w) Funds received or used by a mortgage broker that is not a	145473
dealer in intangibles, other than fees or other consideration,	145474
pursuant to a table-funding mortgage loan or warehouse-lending	145475
mortgage loan. Terms used in division (F)(2)(w) of this section	145476
have the same meanings as in section 1322.01 of the Revised Code,	145477
except "mortgage broker" means a person assisting a buyer in	145478
obtaining a mortgage loan for a fee or other consideration paid by	145479
the buyer or a lender, or a person engaged in table-funding or	145480
warehouse-lending mortgage loans that are first lien mortgage	145481
loans.	145482

(x) Property, money, and other amounts received by a	145483
professional employer organization, as defined in section 4125.01	145484
of the Revised Code, from a client employer, as defined in that	145485
section, in excess of the administrative fee charged by the	145486
professional employer organization to the client employer;	145487

(y) In the case of amounts retained as commissions by a	145488
permit holder under Chapter 3769. of the Revised Code, an amount	145489
equal to the amounts specified under that chapter that must be	145490
paid to or collected by the tax commissioner as a tax and the	145491
amounts specified under that chapter to be used as purse money;	145492

(z) Qualifying distribution center receipts.

145493

(i) For purposes of division (F)(2)(z) of this section:

145494

(I) "Qualifying distribution center receipts" means receipts	145495
of a supplier from qualified property that is delivered to a	145496
qualified distribution center, multiplied by a quantity that	145497
equals one minus the Ohio delivery percentage. If the qualified	145498
distribution center is a refining facility, "supplier" includes	145499
all dealers, brokers, processors, sellers, vendors, cosigners, and	145500
distributors of qualified property.	145501

(II) "Qualified property" means tangible personal property	145502
delivered to a qualified distribution center that is shipped to	145503
that qualified distribution center solely for further shipping by	145504
the qualified distribution center to another location in this	145505
state or elsewhere or, in the case of gold, silver, platinum, or	145506
palladium delivered to a refining facility solely for refining to	145507
a grade and fineness acceptable for delivery to a registered	145508
commodities exchange. "Further shipping" includes storing and	145509
repackaging property into smaller or larger bundles, so long as	145510
the property is not subject to further manufacturing or	145511
processing. "Refining" is limited to extracting impurities from	145512
gold, silver, platinum, or palladium through smelting or some	145513
other process at a refining facility.	145514

(III) "Qualified distribution center" means a warehouse, a	145515
facility similar to a warehouse, or a refining facility in this	145516
state that, for the qualifying year, is operated by a person that	145517
is not part of a combined taxpayer group and that has a qualifying	145518
certificate. All warehouses or facilities similar to warehouses	145519
that are operated by persons in the same taxpayer group and that	145520
are located within one mile of each other shall be treated as one	145521
qualified distribution center. All refining facilities that are	145522
operated by persons in the same taxpayer group and that are	145523
located in the same or adjacent counties may be treated as one	145524
qualified distribution center.	145525

(IV) "Qualifying year" means the calendar year to which the	145526
qualifying certificate applies.	145527

(V) "Qualifying period" means the period of the first day of	145528
July of the second year preceding the qualifying year through the	145529
thirtieth day of June of the year preceding the qualifying year.	145530

(VI) "Qualifying certificate" means the certificate issued by	145531
the tax commissioner after the operator of a distribution center	145532
files an annual application with the commissioner. The application	145533
and annual fee shall be filed and paid for each qualified	145534
distribution center on or before the first day of September before	145535
the qualifying year or within forty-five days after the	145536
distribution center opens, whichever is later.	145537

The applicant must substantiate to the commissioner's	145538
satisfaction that, for the qualifying period, all persons	145539
operating the distribution center have more than fifty per cent of	145540
the cost of the qualified property shipped to a location such that	145541
it would be sitused outside this state under the provisions of	145542
division (E) of section 5751.033 of the Revised Code. The	145543
applicant must also substantiate that the distribution center	145544
cumulatively had costs from its suppliers equal to or exceeding	145545
five hundred million dollars during the qualifying period. (For	145546
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	145547
excludes any person that is part of the consolidated elected	145548
taxpayer group, if applicable, of the operator of the qualified	145549
distribution center.) The commissioner may require the applicant	145550
to have an independent certified public accountant certify that	145551
the calculation of the minimum thresholds required for a qualified	145552
distribution center by the operator of a distribution center has	145553
been made in accordance with generally accepted accounting	145554
principles. The commissioner shall issue or deny the issuance of a	145555
certificate within sixty days after the receipt of the	145556
application. A denial is subject to appeal under section 5717.02	145557
of the Revised Code. If the operator files a timely appeal under	145558
section 5717.02 of the Revised Code, the operator shall be granted	145559
a qualifying certificate~~, provided that~~effective for the	145560
remainder of the qualifying year or until the appeal is finalized,	145561
whichever is earlier. If the operator ~~is liable for any tax,~~	145562
~~interest, or penalty upon amounts claimed as qualifying~~	145563
~~distribution center receipts, other than those receipts exempt~~	145564
~~under division (C)(1) of section 5751.011 of the Revised Code,~~	145565
~~that would have otherwise not been owed by its suppliers if the~~	145566
~~qualifying certificate was valid~~does not prevail in the appeal,	145567
the operator shall pay the ineligible operator's supplier tax	145568
liability.	145569

(VII) "Ohio delivery percentage" means the proportion of the	145570
total property delivered to a destination inside Ohio from the	145571
qualified distribution center during the qualifying period	145572
compared with total deliveries from such distribution center	145573
everywhere during the qualifying period.	145574

(VIII) "Refining facility" means one or more buildings	145575
located in a county in the Appalachian region of this state as	145576
defined by section 107.21 of the Revised Code and utilized for	145577
refining or smelting gold, silver, platinum, or palladium to a	145578
grade and fineness acceptable for delivery to a registered	145579
commodities exchange.	145580

(IX) "Registered commodities exchange" means a board of	145581
trade, such as New York mercantile exchange, inc. or commodity	145582
exchange, inc., designated as a contract market by the commodity	145583
futures trading commission under the "Commodity Exchange Act," 7	145584
U.S.C. 1 et seq., as amended.	145585

(X) "Ineligible operator's supplier tax liability" means an	145586
amount equal to the tax liability of all suppliers of a	145587
distribution center had the distribution center not been issued a	145588
qualifying certificate for the qualifying year. Ineligible	145589
operator's supplier tax liability shall not include interest or	145590
penalties. The tax commissioner shall determine an ineligible	145591
operator's supplier tax liability based on information that the	145592
commissioner may request from the operator of the distribution	145593
center. An operator shall provide a list of all suppliers of the	145594
distribution center and the corresponding costs of qualified	145595
property for the qualifying year at issue within sixty days of a	145596
request by the commissioner under this division.	145597

(ii)(I) If the distribution center is new and was not open	145598
for the entire qualifying period, the operator of the distribution	145599
center may request that the commissioner grant a qualifying	145600
certificate. If the certificate is granted and it is later	145601
determined that more than fifty per cent of the qualified property	145602
during that year was not shipped to a location such that it would	145603
be sitused outside of this state under the provisions of division	145604
(E) of section 5751.033 of the Revised Code or if it is later	145605
determined that the person that operates the distribution center	145606
had average monthly costs from its suppliers of less than forty	145607
million dollars during that year, then the operator of the	145608
distribution center shall pay ~~a penalty for that year equal to~~	145609
~~five hundred thousand dollars~~the ineligible operator's supplier	145610
tax liability. (For purposes of division (F)(2)(z)(ii) of this	145611
section, "supplier" excludes any person that is part of the	145612
consolidated elected taxpayer group, if applicable, of the	145613
operator of the qualified distribution center.)	145614

(II) The commissioner may grant a qualifying certificate to a	145615
distribution center that does not qualify as a qualified	145616
distribution center for an entire qualifying period if the	145617
operator of the distribution center demonstrates that the business	145618
operations of the distribution center have changed or will change	145619
such that the distribution center will qualify as a qualified	145620
distribution center within thirty-six months after the date the	145621
operator first applies for a certificate. If, at the end of that	145622
thirty-six-month period, the business operations of the	145623
distribution center have not changed such that the distribution	145624
center qualifies as a qualified distribution center, the operator	145625
of the distribution center shall pay ~~a penalty equal to five~~	145626
~~hundred thousand dollars~~the ineligible operator's supplier tax	145627
liability for each year that the distribution center received a	145628
certificate but did not qualify as a qualified distribution	145629
center. For each year the distribution center receives a	145630
certificate under division (F)(2)(z)(ii)(II) of this section, the	145631
distribution center shall pay all applicable fees required under	145632
division (F)(2)(z) of this section and shall submit an updated	145633
business plan showing the progress the distribution center made	145634
toward qualifying as a qualified distribution center during the	145635
preceding year.	145636

(III) An operator may appeal ~~the imposition of~~ a ~~penalty~~	145637
~~imposed~~determination under division (F)(2)(z)(ii)(I) or (II) of	145638
this section that the ineligible operator is liable for the	145639
operator's supplier tax liability as a result of not qualifying as	145640
a qualified distribution center, as provided in section 5717.02 of	145641
the Revised Code.	145642

(iii) When filing an application for a qualifying certificate	145643
under division (F)(2)(z)(i)(VI) of this section, the operator of a	145644
qualified distribution center also shall provide documentation, as	145645
the commissioner requires, for the commissioner to ascertain the	145646
Ohio delivery percentage. The commissioner, upon issuing the	145647
qualifying certificate, also shall certify the Ohio delivery	145648
percentage. The operator of the qualified distribution center may	145649
appeal the commissioner's certification of the Ohio delivery	145650
percentage in the same manner as an appeal is taken from the	145651
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	145652
of this section.	145653

~~Within thirty days after all appeals have been exhausted, the~~	145654
~~operator of the qualified distribution center shall provide the~~	145655
~~commissioner with a list of all affected suppliers of qualified~~	145656
~~property. The commissioner shall notify all such suppliers that~~	145657
~~the suppliers are required to file, within sixty days after~~	145658
~~receiving the notice, amended reports for the affected calendar~~	145659
~~quarter or quarters or calendar year, whichever the case may be.~~	145660
~~Any additional tax liability or tax overpayment shall be subject~~	145661
~~to interest but shall not be subject to the imposition of any~~	145662
~~penalty so long as the amended returns are timely filed. The~~	145663
~~supplier of tangible personal property delivered to the qualified~~	145664
~~distribution center shall include in its report of taxable gross~~	145665
~~receipts the receipts from the total sales of property delivered~~	145666
~~to the qualified distribution center for the calendar quarter or~~	145667
~~calendar year, whichever the case may be, multiplied by the Ohio~~	145668
~~delivery percentage for the qualifying year. Nothing in division~~	145669
~~(F)(2)(z)(iii) of this section shall be construed as imposing~~	145670
~~liability on the operator of a qualified distribution center for~~	145671
~~the tax imposed by this chapter arising from any change to the~~	145672
~~Ohio delivery percentage.~~	145673

(iv)(I) In the case where the distribution center is new and	145674
not open for the entire qualifying period, the operator shall make	145675
a good faith estimate of an Ohio delivery percentage for use by	145676
suppliers in their reports of taxable gross receipts for the	145677
remainder of the qualifying period. The operator of the facility	145678
shall disclose to the suppliers that such Ohio delivery percentage	145679
is an estimate and is subject to recalculation. By the due date of	145680
the next application for a qualifying certificate, the operator	145681
shall determine the actual Ohio delivery percentage for the	145682
estimated qualifying period and proceed as provided in division	145683
(F)(2)(z)(iii) of this section with respect to the calculation and	145684
recalculation of the Ohio delivery percentage. The supplier is	145685
required to file, within sixty days after receiving notice from	145686
the operator of the qualified distribution center, amended reports	145687
for the impacted calendar quarter or quarters or calendar year,	145688
whichever the case may be. Any additional tax liability or tax	145689
overpayment shall be subject to interest but shall not be subject	145690
to the imposition of any penalty so long as the amended returns	145691
are timely filed.	145692

(II) The operator of a distribution center that receives a	145693
qualifying certificate under division (F)(2)(z)(ii)(II) of this	145694
section shall make a good faith estimate of the Ohio delivery	145695
percentage that the operator estimates will apply to the	145696
distribution center at the end of the thirty-six-month period	145697
after the operator first applied for a qualifying certificate	145698
under that division. The result of the estimate shall be	145699
multiplied by a factor of one and seventy-five one-hundredths. The	145700
product of that calculation shall be the Ohio delivery percentage	145701
used by suppliers in their reports of taxable gross receipts for	145702
each qualifying year that the distribution center receives a	145703
qualifying certificate under division (F)(2)(z)(ii)(II) of this	145704
section, except that, if the product is less than five per cent,	145705
the Ohio delivery percentage used shall be five per cent and that,	145706
if the product exceeds forty-nine per cent, the Ohio delivery	145707
percentage used shall be forty-nine per cent.	145708

(v) Qualifying certificates and Ohio delivery percentages	145709
issued by the commissioner shall be open to public inspection and	145710
shall be timely published by the commissioner. A supplier relying	145711
in good faith on a certificate issued under this division shall	145712
not be subject to tax on the qualifying distribution center	145713
receipts under division (F)(2)(z) of this section. ~~A person~~An	145714
operator receiving a qualifying certificate is liable for a	145715
~~penalty equal to five hundred thousand dollars~~the ineligible	145716
operator's supplier tax liability for each year the ~~person~~	145717
operator received a certificate ~~that should not have been issued~~	145718
~~because the statutory requirements were in fact not met~~but did	145719
not qualify as a qualified distribution center.	145720

(vi) The annual fee for a qualifying certificate shall be one	145721
hundred thousand dollars for each qualified distribution center.	145722
If a qualifying certificate is not issued, the annual fee is	145723
subject to refund after the exhaustion of all appeals provided for	145724
in division (F)(2)(z)(i)(VI) of this section. ~~The fee imposed~~	145725
~~under this division may be assessed in the same manner as the tax~~	145726
~~imposed under this chapter.~~ The first one hundred thousand dollars	145727
of the annual application fees collected each calendar year shall	145728
be credited to the revenue enhancement fund. The remainder of the	145729
annual application fees collected shall be distributed in the same	145730
manner required under section 5751.20 of the Revised Code.	145731

(vii) The tax commissioner may require that adequate security	145732
be posted by the operator of the distribution center on appeal	145733
when the commissioner disagrees that the applicant has met the	145734
minimum thresholds for a qualified distribution center as set	145735
forth in ~~divisions (F)(2)(z)(i)(VI) and~~division (F)(2)(z)~~(ii)~~ of	145736
this section.	145737

(aa) Receipts of an employer from payroll deductions relating	145738
to the reimbursement of the employer for advancing moneys to an	145739
unrelated third party on an employee's behalf;	145740

(bb) Cash discounts allowed and taken;

145741

(cc) Returns and allowances;

145742

(dd) Bad debts from receipts on the basis of which the tax	145743
imposed by this chapter was paid in a prior quarterly tax payment	145744
period. For the purpose of this division, "bad debts" means any	145745
debts that have become worthless or uncollectible between the	145746
preceding and current quarterly tax payment periods, have been	145747
uncollected for at least six months, and that may be claimed as a	145748
deduction under section 166 of the Internal Revenue Code and the	145749
regulations adopted under that section, or that could be claimed	145750
as such if the taxpayer kept its accounts on the accrual basis.	145751
"Bad debts" does not include repossessed property, uncollectible	145752
amounts on property that remains in the possession of the taxpayer	145753
until the full purchase price is paid, or expenses in attempting	145754
to collect any account receivable or for any portion of the debt	145755
recovered;	145756

(ee) Any amount realized from the sale of an account	145757
receivable to the extent the receipts from the underlying	145758
transaction giving rise to the account receivable were included in	145759
the gross receipts of the taxpayer;	145760

(ff) Any receipts directly attributed to a transfer agreement	145761
or to the enterprise transferred under that agreement under	145762
section 4313.02 of the Revised Code.	145763

(gg)(i) As used in this division:

145764

(I) "Qualified uranium receipts" means receipts from the	145765
sale, exchange, lease, loan, production, processing, or other	145766
disposition of uranium within a uranium enrichment zone certified	145767
by the tax commissioner under division (F)(2)(gg)(ii) of this	145768
section. "Qualified uranium receipts" does not include any	145769
receipts with a situs in this state outside a uranium enrichment	145770
zone certified by the tax commissioner under division	145771
(F)(2)(gg)(ii) of this section.	145772

(II) "Uranium enrichment zone" means all real property that	145773
is part of a uranium enrichment facility licensed by the United	145774
States nuclear regulatory commission and that was or is owned or	145775
controlled by the United States department of energy or its	145776
successor.	145777

(ii) Any person that owns, leases, or operates real or	145778
tangible personal property constituting or located within a	145779
uranium enrichment zone may apply to the tax commissioner to have	145780
the uranium enrichment zone certified for the purpose of excluding	145781
qualified uranium receipts under division (F)(2)(gg) of this	145782
section. The application shall include such information that the	145783
tax commissioner prescribes. Within sixty days after receiving the	145784
application, the tax commissioner shall certify the zone for that	145785
purpose if the commissioner determines that the property qualifies	145786
as a uranium enrichment zone as defined in division (F)(2)(gg) of	145787
this section, or, if the tax commissioner determines that the	145788
property does not qualify, the commissioner shall deny the	145789
application or request additional information from the applicant.	145790
If the tax commissioner denies an application, the commissioner	145791
shall state the reasons for the denial. The applicant may appeal	145792
the denial of an application to the board of tax appeals pursuant	145793
to section 5717.02 of the Revised Code. If the applicant files a	145794
timely appeal, the tax commissioner shall conditionally certify	145795
the applicant's property. The conditional certification shall	145796
expire when all of the applicant's appeals are exhausted. Until	145797
final resolution of the appeal, the applicant shall retain the	145798
applicant's records in accordance with section 5751.12 of the	145799
Revised Code, notwithstanding any time limit on the preservation	145800
of records under that section.	145801

(hh) ~~Amounts realized by licensed motor fuel dealers or~~	145802
~~licensed permissive motor fuel dealers from the exchange of~~	145803
~~petroleum products, including motor fuel, between such dealers,~~	145804
~~provided that delivery of the petroleum products occurs at a~~	145805
~~refinery, terminal, pipeline, or marine vessel and that the~~	145806
~~exchanging dealers agree neither dealer shall require monetary~~	145807
~~compensation from the other for the value of the exchanged~~	145808
~~petroleum products other than such compensation for differences in~~	145809
~~product location or grade. Division (F)(2)(hh) of this section~~	145810
~~does not apply to amounts realized as a result of differences in~~	145811
~~location or grade of exchanged petroleum products or from~~	145812
~~handling, lubricity, dye, or other additive injections fees,~~	145813
~~pipeline security fees, or similar fees. As used in this division,~~	145814
~~"motor fuel," "licensed motor fuel dealer," "licensed permissive~~	145815
~~motor fuel dealer," and "terminal"~~ ~~have~~ the same meanings as in	145816
section 5735.01 of the Revised Code.	145817

~~(ii)~~ In the case of amounts collected by a licensed casino	145818
operator from casino gaming, amounts in excess of the casino	145819
operator's gross casino revenue. In this division, "casino	145820
operator" and "casino gaming" have the meanings defined in section	145821
3772.01 of the Revised Code, and "gross casino revenue" has the	145822
meaning defined in section 5753.01 of the Revised Code.	145823

~~(jj)~~(ii) Receipts realized from the sale of agricultural	145824
commodities by an agricultural commodity handler, both as defined	145825
in section 926.01 of the Revised Code, that is licensed by the	145826
director of agriculture to handle agricultural commodities in this	145827
state.	145828

(jj) Any receipts for which the tax imposed by this chapter	145829
is prohibited by the constitution or laws of the United States or	145830
the constitution of this state.	145831

(3) In the case of a taxpayer when acting as a real estate	145832
broker, "gross receipts" includes only the portion of any fee for	145833
the service of a real estate broker, or service of a real estate	145834
salesperson associated with that broker, that is retained by the	145835
broker and not paid to an associated real estate salesperson or	145836
another real estate broker. For the purposes of this division,	145837
"real estate broker" and "real estate salesperson" have the same	145838
meanings as in section 4735.01 of the Revised Code.	145839

(4) A taxpayer's method of accounting for gross receipts for	145840
a tax period shall be the same as the taxpayer's method of	145841
accounting for federal income tax purposes for the taxpayer's	145842
federal taxable year that includes the tax period. If a taxpayer's	145843
method of accounting for federal income tax purposes changes, its	145844
method of accounting for gross receipts under this chapter shall	145845
be changed accordingly.	145846

(G) "Taxable gross receipts" means gross receipts sitused to	145847
this state under section 5751.033 of the Revised Code.	145848

(H) A person has "substantial nexus with this state" if any	145849
of the following applies. The person:	145850

(1) Owns or uses a part or all of its capital in this state;

145851

(2) Holds a certificate of compliance with the laws of this	145852
state authorizing the person to do business in this state;	145853

(3) Has bright-line presence in this state;

145854

(4) Otherwise has nexus with this state to an extent that the	145855
person can be required to remit the tax imposed under this chapter	145856
under the Constitution of the United States.	145857

(I) A person has "bright-line presence" in this state for a	145858
reporting period and for the remaining portion of the calendar	145859
year if any of the following applies. The person:	145860

(1) Has at any time during the calendar year property in this	145861
state with an aggregate value of at least fifty thousand dollars.	145862
For the purpose of division (I)(1) of this section, owned property	145863
is valued at original cost and rented property is valued at eight	145864
times the net annual rental charge.	145865

(2) Has during the calendar year payroll in this state of at	145866
least fifty thousand dollars. Payroll in this state includes all	145867
of the following:	145868

(a) Any amount subject to withholding by the person under	145869
section 5747.06 of the Revised Code;	145870

(b) Any other amount the person pays as compensation to an	145871
individual under the supervision or control of the person for work	145872
done in this state; and	145873

(c) Any amount the person pays for services performed in this	145874
state on its behalf by another.	145875

(3) Has during the calendar year taxable gross receipts of at	145876
least five hundred thousand dollars.	145877

(4) Has at any time during the calendar year within this	145878
state at least twenty-five per cent of the person's total	145879
property, total payroll, or total gross receipts.	145880

(5) Is domiciled in this state as an individual or for	145881
corporate, commercial, or other business purposes.	145882

(J) "Tangible personal property" has the same meaning as in	145883
section 5739.01 of the Revised Code.	145884

(K) "Internal Revenue Code" means the Internal Revenue Code	145885
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	145886
this chapter that is not otherwise defined has the same meaning as	145887
when used in a comparable context in the laws of the United States	145888
relating to federal income taxes unless a different meaning is	145889
clearly required. Any reference in this chapter to the Internal	145890
Revenue Code includes other laws of the United States relating to	145891
federal income taxes.	145892

(L) "Calendar quarter" means a three-month period ending on	145893
the thirty-first day of March, the thirtieth day of June, the	145894
thirtieth day of September, or the thirty-first day of December.	145895

(M) "Tax period" means the calendar quarter or calendar year	145896
on the basis of which a taxpayer is required to pay the tax	145897
imposed under this chapter.	145898

(N) "Calendar year taxpayer" means a taxpayer for which the	145899
tax period is a calendar year.	145900

(O) "Calendar quarter taxpayer" means a taxpayer for which	145901
the tax period is a calendar quarter.	145902

(P) "Agent" means a person authorized by another person to	145903
act on its behalf to undertake a transaction for the other,	145904
including any of the following:	145905

(1) A person receiving a fee to sell financial instruments;

145906

(2) A person retaining only a commission from a transaction	145907
with the other proceeds from the transaction being remitted to	145908
another person;	145909

(3) A person issuing licenses and permits under section	145910
1533.13 of the Revised Code;	145911

(4) A lottery sales agent holding a valid license issued	145912
under section 3770.05 of the Revised Code;	145913

(5) A person acting as an agent of the division of liquor	145914
control under section 4301.17 of the Revised Code.	145915

(Q) "Received" includes amounts accrued under the accrual	145916
method of accounting.	145917

(R) "Reporting person" means a person in a consolidated	145918
elected taxpayer or combined taxpayer group that is designated by	145919
that group to legally bind the group for all filings and tax	145920
liabilities and to receive all legal notices with respect to	145921
matters under this chapter, or, for the purposes of section	145922
5751.04 of the Revised Code, a separate taxpayer that is not a	145923
member of such a group.	145924

Sec. 5751.014. All members of a consolidated elected	145925
taxpayer or combined taxpayer group during the tax period or	145926
periods for which additional tax, penalty, or interest is owed are	145927
jointly and severally liable for such amounts. Although the	145928
reporting person will be assessed for the liability, such amounts	145929
due may be collected by assessment against any member of the group	145930
as provided in section 5703.90 of the Revised Code or pursued	145931
against any member of the group when a liability is certified to	145932
the attorney general under section 131.02 of the Revised Code.	145933

Sec. 5751.02. (A) For the purpose of funding the needs of	145934
this state and its local governments ~~and providing revenue to the~~	145935
~~commercial activity tax motor fuel receipts fund~~, there is hereby	145936
levied a commercial activity tax on each person with taxable gross	145937
receipts for the privilege of doing business in this state. For	145938
the purposes of this chapter, "doing business" means engaging in	145939
any activity, whether legal or illegal, that is conducted for, or	145940
results in, gain, profit, or income, at any time during a calendar	145941
year. Persons on which the commercial activity tax is levied	145942
include, but are not limited to, persons with substantial nexus	145943
with this state. The tax imposed under this section is not a	145944
transactional tax and is not subject to Public Law No. 86-272, 73	145945
Stat. 555. The tax imposed under this section is in addition to	145946
any other taxes or fees imposed under the Revised Code. The tax	145947
levied under this section is imposed on the person receiving the	145948
gross receipts and is not a tax imposed directly on a purchaser.	145949
The tax imposed by this section is an annual privilege tax for the	145950
calendar year that, in the case of calendar year taxpayers, is the	145951
annual tax period and, in the case of calendar quarter taxpayers,	145952
contains all quarterly tax periods in the calendar year. A	145953
taxpayer is subject to the annual privilege tax for doing business	145954
during any portion of such calendar year.	145955

(B) The tax imposed by this section is a tax on the taxpayer	145956
and shall not be billed or invoiced to another person. Even if the	145957
tax or any portion thereof is billed or invoiced and separately	145958
stated, such amounts remain part of the price for purposes of the	145959
sales and use taxes levied under Chapters 5739. and 5741. of the	145960
Revised Code. Nothing in division (B) of this section prohibits:	145961

(1) A person from including in the price charged for a good	145962
or service an amount sufficient to recover the tax imposed by this	145963
section; or	145964

(2) A lessor from including an amount sufficient to recover	145965
the tax imposed by this section in a lease payment charged, or	145966
from including such an amount on a billing or invoice pursuant to	145967
the terms of a written lease agreement providing for the recovery	145968
of the lessor's tax costs. The recovery of such costs shall be	145969
based on an estimate of the total tax cost of the lessor during	145970
the tax period, as the tax liability of the lessor cannot be	145971
calculated until the end of that period.	145972

Sec. 5751.03. (A) Except as provided in division (B) of this	145973
section ~~and in section 5751.031 of the Revised Code~~, the tax	145974
levied under this section for each tax period shall be the product	145975
of two and six-tenths mills per dollar times the remainder of the	145976
taxpayer's taxable gross receipts for the tax period after	145977
subtracting the exclusion amount provided for in division (C) of	145978
this section.	145979

(B) Notwithstanding division (C) of this section, the tax on	145980
the first one million dollars in taxable gross receipts each	145981
calendar year shall be calculated as follows:	145982

(1) For taxpayers with annual taxable gross receipts of one	145983
million dollars or less for the calendar year, one hundred fifty	145984
dollars;	145985

(2) For taxpayers with annual taxable gross receipts greater	145986
than one million dollars, but less than or equal to two million	145987
dollars for the calendar year, eight hundred dollars;	145988

(3) For taxpayers with annual taxable gross receipts greater	145989
than two million dollars, but less than or equal to four million	145990
dollars for the calendar year, two thousand one hundred dollars;	145991

(4) For taxpayers with annual taxable gross receipts greater	145992
than four million dollars for the calendar year, two thousand six	145993
hundred dollars. ~~The~~	145994

The tax imposed under ~~this~~ division (B)(1) of this section	145995
shall be paid not later than the tenth day of May of each year	145996
along with the ~~first quarter or~~ annual tax return~~, as applicable~~.	145997
The tax imposed under divisions (B)(2), (3), and (4) of this	145998
section shall be paid not later than the tenth day of May of each	145999
year along with the first quarter tax return.	146000

(C)(1) Each taxpayer may exclude the first one million	146001
dollars of taxable gross receipts for a calendar year. Calendar	146002
quarter taxpayers shall apply the full exclusion amount to the	146003
first calendar quarter return the taxpayer files that calendar	146004
year and may carry forward and apply any unused exclusion amount	146005
to subsequent calendar quarters within that same calendar year.	146006

(2) A taxpayer switching from a calendar year tax period to a	146007
calendar quarter tax period may, for the first quarter of the	146008
change, apply the full one-million-dollar exclusion amount to the	146009
first calendar quarter return the taxpayer files that calendar	146010
year. Such taxpayers may carry forward and apply any unused	146011
exclusion amount to subsequent calendar quarters within that same	146012
calendar year. The tax rate shall be based on the rate imposed	146013
that calendar quarter when the taxpayer switches from a calendar	146014
year to a calendar quarter tax period.	146015

(3) A taxpayer shall not exclude more than one million	146016
dollars pursuant to division (C) of this section in a calendar	146017
year.	146018

Sec. 5751.051. (A)(1) Not later than the tenth day of the	146019
second month after the end of each calendar quarter, every	146020
taxpayer other than a calendar year taxpayer shall file with the	146021
tax commissioner a tax return in such form as the commissioner	146022
prescribes. The return shall include, but is not limited to, the	146023
amount of the taxpayer's taxable gross receipts for the calendar	146024
quarter and shall indicate the amount of tax due under section	146025
5751.03 of the Revised Code for the calendar quarter. ~~The taxpayer~~	146026
~~shall indicate on the return the portion of the taxpayer's~~	146027
~~receipts attributable to motor fuel used for propelling vehicles~~	146028
~~on public highways.~~	146029

(2)(a) Subject to division (C) of section 5751.05 of the	146030
Revised Code, a calendar quarter taxpayer shall report the taxable	146031
gross receipts for that calendar quarter.	146032

(b) With respect to taxable gross receipts incorrectly	146033
reported in a calendar quarter that has a lower tax rate, the tax	146034
shall be computed at the tax rate in effect for the quarterly	146035
return in which such receipts should have been reported. Nothing	146036
in division (A)(2)(b) of this section prohibits a taxpayer from	146037
filing an application for refund under section 5751.08 of the	146038
Revised Code with regard to the incorrect reporting of taxable	146039
gross receipts discovered after filing the annual return described	146040
in division (A)(3) of this section.	146041

A tax return shall not be deemed to be an incorrect reporting	146042
of taxable gross receipts for the purposes of division (A)(2)(b)	146043
of this section if the return reflects between ninety-five and one	146044
hundred five per cent of the actual taxable gross receipts for the	146045
calendar quarter.	146046

(3) For the purposes of division (A)(2)(b) of this section,	146047
the tax return filed for the fourth calendar quarter of a calendar	146048
year is the annual return for the privilege tax imposed by this	146049
chapter. Such return shall report any additional taxable gross	146050
receipts not previously reported in the calendar year and shall	146051
adjust for any over-reported taxable gross receipts in the	146052
calendar year. If the taxpayer ceases to be a taxpayer before the	146053
end of the calendar year, the last return the taxpayer is required	146054
to file shall be the annual return for the taxpayer and the	146055
taxpayer shall report any additional taxable gross receipts not	146056
previously reported in the calendar year and shall adjust for any	146057
over-reported taxable gross receipts in the calendar year.	146058
~~Taxpayers reporting taxable gross receipts attributable to motor~~	146059
~~fuel used for propelling vehicles on public highways may not~~	146060
~~utilize the statutory estimation procedure provided in divisions~~	146061
~~(A)(2) and (3) of this section.~~	146062

(4) Because the tax imposed by this chapter is a privilege	146063
tax, the tax rate with respect to taxable gross receipts for a	146064
calendar quarter is not fixed until the end of the measurement	146065
period for each calendar quarter. Subject to division (A)(2)(b) of	146066
this section, the total amount of taxable gross receipts reported	146067
for a given calendar quarter shall be subject to the tax rate in	146068
effect in that quarter.	146069

(5) Not later than the tenth day of May following the end of	146070
each calendar year, every calendar year taxpayer shall file with	146071
the tax commissioner a tax return in such form as the commissioner	146072
prescribes. The return shall include, but is not limited to, the	146073
amount of the taxpayer's taxable gross receipts for the calendar	146074
year and shall indicate the amount of tax due under section	146075
5751.03 of the Revised Code for the calendar year. ~~The taxpayer~~	146076
~~shall indicate on the return the portion of the taxpayer's~~	146077
~~receipts attributable to motor fuel used for propelling vehicles~~	146078
~~on public highways.~~	146079

(B)(1) A person that first becomes subject to the tax imposed	146080
under this chapter shall pay the minimum tax imposed under	146081
division (B) of section 5751.03 of the Revised Code on or before	146082
the day the return is required to be filed for that quarter under	146083
division (A)(1) of this section, regardless of whether the person	146084
registers as a calendar year taxpayer under section 5751.05 of the	146085
Revised Code.	146086

(2) The amount of the minimum tax for a person subject to	146087
division (B)(1) of this section shall be reduced ~~to seventy-five~~	146088
~~dollars~~by one-half if the registration is timely filed after the	146089
first day of May and before the first day of January of the	146090
following calendar year.	146091

Sec. 5751.07. (A) Any person required to file returns ~~for a~~	146092
~~calendar quarter~~under this chapter shall remit each tax payment,	146093
and, if required by the tax commissioner, file the tax return or	146094
the annual report, electronically. The commissioner may require	146095
taxpayers to use the Ohio business gateway as defined in section	146096
718.051 of the Revised Code to file returns and remit the tax, or	146097
may provide another means for taxpayers to file and remit the tax	146098
electronically.	146099

(B) A person required by this section to remit taxes or file	146100
returns electronically may apply to the tax commissioner, on the	146101
form prescribed by the commissioner, to be excused from that	146102
requirement. The commissioner may excuse a person from the	146103
requirements of this division for good cause.	146104

(C)(1) If a person required to remit taxes or file a return	146105
electronically under this section fails to do so, the commissioner	146106
may impose a penalty not to exceed the following:	146107

(a) For either of the first two ~~calendar quarters~~tax periods	146108
the person so fails, the greater of twenty-five dollars or five	146109
per cent of the amount of the payment that was required to be	146110
remitted;	146111

(b) For the third and any subsequent ~~calendar quarters~~tax	146112
periods the person so fails, the greater of fifty dollars or ten	146113
per cent of the amount of the payment that was required to be	146114
remitted.	146115

(2) The penalty imposed under division (C)(1) of this section	146116
is in addition to any other penalty imposed under this chapter and	146117
shall be considered as revenue arising from the tax imposed under	146118
this chapter. A penalty may be collected by assessment in the	146119
manner prescribed by section 5751.09 of the Revised Code. The tax	146120
commissioner may abate all or a portion of such a penalty.	146121

(D) The tax commissioner may adopt rules necessary to	146122
administer this section.	146123

Sec. 5751.081. As used in this section, "debt to this state"	146124
means unpaid taxes due the state, unpaid workers' compensation	146125
premiums due under section 4123.35 of the Revised Code, unpaid	146126
unemployment compensation contributions due under section 4141.25	146127
of the Revised Code, unpaid unemployment compensation payment in	146128
lieu of contribution under section 4141.241 of the Revised Code,	146129
unpaid ~~fee~~fees payable to the state or to the clerk of courts	146130
pursuant to section 4505.06 of the Revised Code, incorrect ~~medical~~	146131
~~assistance~~ payments for medicaid services under ~~section 5111.02 of~~	146132
~~the Revised Code~~the medicaid program, or any unpaid charge,	146133
penalty, or interest arising from any of the foregoing.	146134

If a taxpayer entitled to a refund under section 5751.08 of	146135
the Revised Code owes any debt to this state, the amount	146136
refundable may be applied in satisfaction of the debt. If the	146137
amount refundable is less than the amount of the debt, it may be	146138
applied in partial satisfaction of the debt. If the amount	146139
refundable is greater than the amount of the debt, the amount	146140
remaining after satisfaction of the debt shall be refunded. This	146141
section applies only to debts that have become final. For the	146142
purposes of this section, a debt becomes final when, under the	146143
applicable law, any time provided for petition for reassessment,	146144
request for reconsideration, or other appeal of the legality or	146145
validity of the amount giving rise to the debt expires without an	146146
appeal having been filed in the manner provided by law.	146147

Sec. 5751.09. (A) The tax commissioner may make an	146148
assessment, based on any information in the commissioner's	146149
possession, against any person that fails to file a return or pay	146150
any tax as required by this chapter. The commissioner shall give	146151
the person assessed written notice of the assessment as provided	146152
in section 5703.37 of the Revised Code. With the notice, the	146153
commissioner shall provide instructions on the manner in which to	146154
petition for reassessment and request a hearing with respect to	146155
the petition. The commissioner shall send any assessments against	146156
consolidated elected taxpayer and combined taxpayer groups under	146157
section 5751.011 or 5751.012 of the Revised Code to the taxpayer's	146158
"reporting person" as defined under division (R) of section	146159
5751.01 of the Revised Code. The reporting person shall notify all	146160
members of the group of the assessment and all outstanding taxes,	146161
interest, and penalties for which the assessment is issued.	146162

(B) Unless the person assessed, within sixty days after	146163
service of the notice of assessment, files with the tax	146164
commissioner, either personally or by certified mail, a written	146165
petition signed by the person or the person's authorized agent	146166
having knowledge of the facts, the assessment becomes final, and	146167
the amount of the assessment is due and payable from the person	146168
assessed to the treasurer of state. The petition shall indicate	146169
the objections of the person assessed, but additional objections	146170
may be raised in writing if received by the commissioner prior to	146171
the date shown on the final determination.	146172

If a petition for reassessment has been properly filed, the	146173
commissioner shall proceed under section 5703.60 of the Revised	146174
Code.	146175

(C)(1) After an assessment becomes final, if any portion of	146176
the assessment, including accrued interest, remains unpaid, a	146177
certified copy of the tax commissioner's entry making the	146178
assessment final may be filed in the office of the clerk of the	146179
court of common pleas in the county in which the person resides or	146180
has its principal place of business in this state, or in the	146181
office of the clerk of court of common pleas of Franklin county.	146182

(2) Immediately upon the filing of the entry, the clerk shall	146183
enter judgment for the state against the person assessed in the	146184
amount shown on the entry. The judgment may be filed by the clerk	146185
in a loose-leaf book entitled, "special judgments for the	146186
commercial activity tax" and shall have the same effect as other	146187
judgments. Execution shall issue upon the judgment at the request	146188
of the tax commissioner, and all laws applicable to sales on	146189
execution shall apply to sales made under the judgment.	146190

(3) ~~The portion of~~If the assessment is not paid in its	146191
entirety within sixty days after the day the assessment was	146192
issued, the portion of the assessment consisting of tax due shall	146193
bear interest at the rate per annum prescribed by section 5703.47	146194
of the Revised Code from the day the tax commissioner issues the	146195
assessment until it is paid or until it is certified to the	146196
attorney general for collection under section 131.02 of the	146197
Revised Code, whichever comes first. If the unpaid portion of the	146198
assessment is certified to the attorney general for collection,	146199
the entire unpaid portion of the assessment shall bear interest at	146200
the rate per annum prescribed by section 5703.47 of the Revised	146201
Code from the date of certification until the date it is paid in	146202
its entirety. Interest shall be paid in the same manner as the tax	146203
and may be collected by the issuance of an assessment under this	146204
section.	146205

(D) If the tax commissioner believes that collection of the	146206
tax will be jeopardized unless proceedings to collect or secure	146207
collection of the tax are instituted without delay, the	146208
commissioner may issue a jeopardy assessment against the person	146209
liable for the tax. Immediately upon the issuance of the jeopardy	146210
assessment, the commissioner shall file an entry with the clerk of	146211
the court of common pleas in the manner prescribed by division (C)	146212
of this section. Notice of the jeopardy assessment shall be served	146213
on the person assessed or the person's authorized agent in the	146214
manner provided in section 5703.37 of the Revised Code within five	146215
days of the filing of the entry with the clerk. The total amount	146216
assessed is immediately due and payable, unless the person	146217
assessed files a petition for reassessment in accordance with	146218
division (B) of this section and provides security in a form	146219
satisfactory to the commissioner and in an amount sufficient to	146220
satisfy the unpaid balance of the assessment. Full or partial	146221
payment of the assessment does not prejudice the commissioner's	146222
consideration of the petition for reassessment.	146223

(E) The tax commissioner shall immediately forward to the	146224
treasurer of state all amounts the commissioner receives under	146225
this section, and such amounts shall be considered as revenue	146226
arising from the tax imposed under this chapter.	146227

(F) Except as otherwise provided in this division, no	146228
assessment shall be made or issued against a taxpayer for the tax	146229
imposed under this chapter more than four years after the due date	146230
for the filing of the return for the tax period for which the tax	146231
was reported, or more than four years after the return for the tax	146232
period was filed, whichever is later. The time limit may be	146233
extended if both the taxpayer and the commissioner consent in	146234
writing to the extension or enter into an agreement waiving or	146235
extending the time limit. Any such extension shall extend the	146236
four-year time limit in division (B) of section 5751.08 of the	146237
Revised Code for the same period of time. Nothing in this division	146238
bars an assessment against a taxpayer that fails to file a return	146239
required by this chapter or that files a fraudulent return.	146240

(G) If the tax commissioner possesses information that	146241
indicates that the amount of tax a taxpayer is required to pay	146242
under this chapter exceeds the amount the taxpayer paid, the tax	146243
commissioner may audit a sample of the taxpayer's gross receipts	146244
over a representative period of time to ascertain the amount of	146245
tax due, and may issue an assessment based on the audit. The tax	146246
commissioner shall make a good faith effort to reach agreement	146247
with the taxpayer in selecting a representative sample. The tax	146248
commissioner may apply a sampling method only if the commissioner	146249
has prescribed the method by rule.	146250

(H) If the whereabouts of a person subject to this chapter is	146251
not known to the tax commissioner, the commissioner shall follow	146252
the procedures under section 5703.37 of the Revised Code.	146253

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	146254
the Revised Code:	146255

(1) "School district," "joint vocational school district,"	146256
"local taxing unit," "recognized valuation," "fixed-rate levy,"	146257
and "fixed-sum levy" have the same meanings as used in section	146258
5727.84 of the Revised Code.	146259

(2) "State education aid" for a school district means the	146260
following:	146261

(a) For fiscal years prior to fiscal year 2010, the sum of	146262
state aid amounts computed for the district under the following	146263
provisions, as they existed for the applicable fiscal year:	146264
division (A) of section 3317.022 of the Revised Code, including	146265
the amounts calculated under ~~sections~~former section 3317.029 and	146266
section 3317.0217 of the Revised Code; divisions (C)(1), (C)(4),	146267
(D), (E), and (F) of section 3317.022; divisions (B), (C), and (D)	146268
of section 3317.023; divisions (L) and (N) of section 3317.024;	146269
section 3317.0216; and any unit payments for gifted student	146270
services paid under ~~sections~~section 3317.05,and former sections	146271
3317.052, and 3317.053 of the Revised Code; except that, for	146272
fiscal years 2008 and 2009, the amount computed for the district	146273
under Section 269.20.80 of H.B. 119 of the 127th general assembly	146274
and as that section subsequently may be amended shall be	146275
substituted for the amount computed under division (D) of section	146276
3317.022 of the Revised Code, and the amount computed under	146277
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	146278
that section subsequently may be amended shall be included.	146279

(b) For fiscal years 2010 and 2011, the sum of the amounts	146280
computed under former sections 3306.052, 3306.12, 3306.13,	146281
3306.19, 3306.191, and 3306.192 of the Revised Code;	146282

(c) For fiscal years 2012 and 2013, the sum of the amounts	146283
paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B.	146284
153 of the 129th general assembly;	146285

(d) For fiscal year 2014 and each fiscal year thereafter, the	146286
sum of state amounts computed for the district under section	146287
3317.022 of the Revised Code; except that, for fiscal years 2014	146288
and 2015, the amount computed for the district under the section	146289
of this act entitled "TRANSITIONAL AID FOR CITY, LOCAL, AND	146290
EXEMPTED VILLAGE SCHOOL DISTRICTS" shall be included.	146291

(3) "State education aid" for a joint vocational school	146292
district means the following:	146293

(a) For fiscal years prior to fiscal year 2010, the sum of	146294
the state aid computed for the district under division (N) of	146295
section 3317.024 and former section 3317.16 of the Revised Code,	146296
except that, for fiscal years 2008 and 2009, the amount computed	146297
under Section 269.30.80 of H.B. 119 of the 127th general assembly	146298
and as that section subsequently may be amended shall be included.	146299

(b) For fiscal years 2010 and 2011, the amount paid in	146300
accordance with Section 265.30.50 of H.B. 1 of the 128th general	146301
assembly.	146302

(c) For fiscal years 2012 and 2013, the amount paid in	146303
accordance with Section 267.30.60 of H.B. 153 of the 129th general	146304
assembly.	146305

(d) For fiscal year 2014 and each fiscal year thereafter, the	146306
amount computed for the district under section 3317.16 of the	146307
Revised Code; except that, for fiscal years 2014 and 2015, the	146308
amount computed for the district under the section of this act	146309
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS"	146310
shall be included.	146311

(4) "State education aid offset" means the amount determined	146312
for each school district or joint vocational school district under	146313
division (A)(1) of section 5751.21 of the Revised Code.	146314

(5) "Machinery and equipment property tax value loss" means	146315
the amount determined under division (C)(1) of this section.	146316

(6) "Inventory property tax value loss" means the amount	146317
determined under division (C)(2) of this section.	146318

(7) "Furniture and fixtures property tax value loss" means	146319
the amount determined under division (C)(3) of this section.	146320

(8) "Machinery and equipment fixed-rate levy loss" means the	146321
amount determined under division (D)(1) of this section.	146322

(9) "Inventory fixed-rate levy loss" means the amount	146323
determined under division (D)(2) of this section.	146324

(10) "Furniture and fixtures fixed-rate levy loss" means the	146325
amount determined under division (D)(3) of this section.	146326

(11) "Total fixed-rate levy loss" means the sum of the	146327
machinery and equipment fixed-rate levy loss, the inventory	146328
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	146329
loss, and the telephone company fixed-rate levy loss.	146330

(12) "Fixed-sum levy loss" means the amount determined under	146331
division (E) of this section.	146332

(13) "Machinery and equipment" means personal property	146333
subject to the assessment rate specified in division (F) of	146334
section 5711.22 of the Revised Code.	146335

(14) "Inventory" means personal property subject to the	146336
assessment rate specified in division (E) of section 5711.22 of	146337
the Revised Code.	146338

(15) "Furniture and fixtures" means personal property subject	146339
to the assessment rate specified in division (G) of section	146340
5711.22 of the Revised Code.	146341

(16) "Qualifying levies" are levies in effect for tax year	146342
2004 or applicable to tax year 2005 or approved at an election	146343
conducted before September 1, 2005. For the purpose of determining	146344
the rate of a qualifying levy authorized by section 5705.212 or	146345
5705.213 of the Revised Code, the rate shall be the rate that	146346
would be in effect for tax year 2010.	146347

(17) "Telephone property" means tangible personal property of	146348
a telephone, telegraph, or interexchange telecommunications	146349
company subject to an assessment rate specified in section	146350
5727.111 of the Revised Code in tax year 2004.	146351

(18) "Telephone property tax value loss" means the amount	146352
determined under division (C)(4) of this section.	146353

(19) "Telephone property fixed-rate levy loss" means the	146354
amount determined under division (D)(4) of this section.	146355

(20) "Taxes charged and payable" means taxes charged and	146356
payable after the reduction required by section 319.301 of the	146357
Revised Code but before the reductions required by sections	146358
319.302 and 323.152 of the Revised Code.	146359

(21) "Median estate tax collections" means, in the case of a	146360
municipal corporation to which revenue from the taxes levied in	146361
Chapter 5731. of the Revised Code was distributed in each of	146362
calendar years 2006, 2007, 2008, and 2009, the median of those	146363
distributions. In the case of a municipal corporation to which no	146364
distributions were made in one or more of those years, "median	146365
estate tax collections" means zero.	146366

(22) "Total resources," in the case of a school district,	146367
means the sum of the amounts in divisions (A)(22)(a) to (h) of	146368
this section less any reduction required under division (A)(32) or	146369
(33) of this section.	146370

(a) The state education aid for fiscal year 2010;

146371

(b) The sum of the payments received by the school district	146372
in fiscal year 2010 for current expense levy losses pursuant to	146373
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	146374
section 5751.21 of the Revised Code, excluding the portion of such	146375
payments attributable to levies for joint vocational school	146376
district purposes;	146377

(c) The sum of fixed-sum levy loss payments received by the	146378
school district in fiscal year 2010 pursuant to division (E)(1) of	146379
section 5727.85 and division (E)(1) of section 5751.21 of the	146380
Revised Code for fixed-sum levies charged and payable for a	146381
purpose other than paying debt charges;	146382

(d) Fifty per cent of the school district's taxes charged and	146383
payable against all property on the tax list of real and public	146384
utility property for current expense purposes for tax year 2008,	146385
including taxes charged and payable from emergency levies charged	146386
and payable under section 5709.194 of the Revised Code and	146387
excluding taxes levied for joint vocational school district	146388
purposes;	146389

(e) Fifty per cent of the school district's taxes charged and	146390
payable against all property on the tax list of real and public	146391
utility property for current expenses for tax year 2009, including	146392
taxes charged and payable from emergency levies and excluding	146393
taxes levied for joint vocational school district purposes;	146394

(f) The school district's taxes charged and payable against	146395
all property on the general tax list of personal property for	146396
current expenses for tax year 2009, including taxes charged and	146397
payable from emergency levies;	146398

(g) The amount certified for fiscal year 2010 under division	146399
(A)(2) of section 3317.08 of the Revised Code;	146400

(h) Distributions received during calendar year 2009 from	146401
taxes levied under section 718.09 of the Revised Code.	146402

(23) "Total resources," in the case of a joint vocational	146403
school district, means the sum of amounts in divisions (A)(23)(a)	146404
to (g) of this section less any reduction required under division	146405
(A)(32) of this section.	146406

(a) The state education aid for fiscal year 2010;

146407

(b) The sum of the payments received by the joint vocational	146408
school district in fiscal year 2010 for current expense levy	146409
losses pursuant to division (C)(2) of section 5727.85 and	146410
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	146411

(c) Fifty per cent of the joint vocational school district's	146412
taxes charged and payable against all property on the tax list of	146413
real and public utility property for current expense purposes for	146414
tax year 2008;	146415

(d) Fifty per cent of the joint vocational school district's	146416
taxes charged and payable against all property on the tax list of	146417
real and public utility property for current expenses for tax year	146418
2009;	146419

(e) Fifty per cent of a city, local, or exempted village	146420
school district's taxes charged and payable against all property	146421
on the tax list of real and public utility property for current	146422
expenses of the joint vocational school district for tax year	146423
2008;	146424

(f) Fifty per cent of a city, local, or exempted village	146425
school district's taxes charged and payable against all property	146426
on the tax list of real and public utility property for current	146427
expenses of the joint vocational school district for tax year	146428
2009;	146429

(g) The joint vocational school district's taxes charged and	146430
payable against all property on the general tax list of personal	146431
property for current expenses for tax year 2009.	146432

(24) "Total resources," in the case of county mental health	146433
and disability related functions, means the sum of the amounts in	146434
divisions (A)(24)(a) and (b) of this section less any reduction	146435
required under division (A)(32) of this section.	146436

(a) The sum of the payments received by the county for mental	146437
health and developmental disability related functions in calendar	146438
year 2010 under division (A)(1) of section 5727.86 and divisions	146439
(A)(1) and (2) of section 5751.22 of the Revised Code as they	146440
existed at that time;	146441

(b) With respect to taxes levied by the county for mental	146442
health and developmental disability related purposes, the taxes	146443
charged and payable for such purposes against all property on the	146444
tax list of real and public utility property for tax year 2009.	146445

(25) "Total resources," in the case of county senior services	146446
related functions, means the sum of the amounts in divisions	146447
(A)(25)(a) and (b) of this section less any reduction required	146448
under division (A)(32) of this section.	146449

(a) The sum of the payments received by the county for senior	146450
services related functions in calendar year 2010 under division	146451
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	146452
5751.22 of the Revised Code as they existed at that time;	146453

(b) With respect to taxes levied by the county for senior	146454
services related purposes, the taxes charged and payable for such	146455
purposes against all property on the tax list of real and public	146456
utility property for tax year 2009.	146457

(26) "Total resources," in the case of county children's	146458
services related functions, means the sum of the amounts in	146459
divisions (A)(26)(a) and (b) of this section less any reduction	146460
required under division (A)(32) of this section.	146461

(a) The sum of the payments received by the county for	146462
children's services related functions in calendar year 2010 under	146463
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	146464
section 5751.22 of the Revised Code as they existed at that time;	146465

(b) With respect to taxes levied by the county for children's	146466
services related purposes, the taxes charged and payable for such	146467
purposes against all property on the tax list of real and public	146468
utility property for tax year 2009.	146469

(27) "Total resources," in the case of county public health	146470
related functions, means the sum of the amounts in divisions	146471
(A)(27)(a) and (b) of this section less any reduction required	146472
under division (A)(32) of this section.	146473

(a) The sum of the payments received by the county for public	146474
health related functions in calendar year 2010 under division	146475
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	146476
5751.22 of the Revised Code as they existed at that time;	146477

(b) With respect to taxes levied by the county for public	146478
health related purposes, the taxes charged and payable for such	146479
purposes against all property on the tax list of real and public	146480
utility property for tax year 2009.	146481

(28) "Total resources," in the case of all county functions	146482
not included in divisions (A)(24) to (27) of this section, means	146483
the sum of the amounts in divisions (A)(28)(a) to (d) of this	146484
section less any reduction required under division (A)(32) or (33)	146485
of this section.	146486

(a) The sum of the payments received by the county for all	146487
other purposes in calendar year 2010 under division (A)(1) of	146488
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	146489
the Revised Code as they existed at that time;	146490

(b) The county's percentage share of county undivided local	146491
government fund allocations as certified to the tax commissioner	146492
for calendar year 2010 by the county auditor under division (J) of	146493
section 5747.51 of the Revised Code or division (F) of section	146494
5747.53 of the Revised Code multiplied by the total amount	146495
actually distributed in calendar year 2010 from the county	146496
undivided local government fund;	146497

(c) With respect to taxes levied by the county for all other	146498
purposes, the taxes charged and payable for such purposes against	146499
all property on the tax list of real and public utility property	146500
for tax year 2009, excluding taxes charged and payable for the	146501
purpose of paying debt charges;	146502

(d) The sum of the amounts distributed to the county in	146503
calendar year 2010 for the taxes levied pursuant to sections	146504
5739.021 and 5741.021 of the Revised Code.	146505

(29) "Total resources," in the case of a municipal	146506
corporation, means the sum of the amounts in divisions (A)(29)(a)	146507
to (g) of this section less any reduction required under division	146508
(A)(32) or (33) of this section.	146509

(a) The sum of the payments received by the municipal	146510
corporation in calendar year 2010 for current expense levy losses	146511
under division (A)(1) of section 5727.86 and divisions (A)(1) and	146512
(2) of section 5751.22 of the Revised Code as they existed at that	146513
time;	146514

(b) The municipal corporation's percentage share of county	146515
undivided local government fund allocations as certified to the	146516
tax commissioner for calendar year 2010 by the county auditor	146517
under division (J) of section 5747.51 of the Revised Code or	146518
division (F) of section 5747.53 of the Revised Code multiplied by	146519
the total amount actually distributed in calendar year 2010 from	146520
the county undivided local government fund;	146521

(c) The sum of the amounts distributed to the municipal	146522
corporation in calendar year 2010 pursuant to section 5747.50 of	146523
the Revised Code;	146524

(d) With respect to taxes levied by the municipal	146525
corporation, the taxes charged and payable against all property on	146526
the tax list of real and public utility property for current	146527
expenses, defined in division (A)(35) of this section, for tax	146528
year 2009;	146529

(e) The amount of admissions tax collected by the municipal	146530
corporation in calendar year 2008, or if such information has not	146531
yet been reported to the tax commissioner, in the most recent year	146532
before 2008 for which the municipal corporation has reported data	146533
to the commissioner;	146534

(f) The amount of income taxes collected by the municipal	146535
corporation in calendar year 2008, or if such information has not	146536
yet been reported to the tax commissioner, in the most recent year	146537
before 2008 for which the municipal corporation has reported data	146538
to the commissioner;	146539

(g) The municipal corporation's median estate tax	146540
collections.	146541

(30) "Total resources," in the case of a township, means the	146542
sum of the amounts in divisions (A)(30)(a) to (c) of this section	146543
less any reduction required under division (A)(32) or (33) of this	146544
section.	146545

(a) The sum of the payments received by the township in	146546
calendar year 2010 pursuant to division (A)(1) of section 5727.86	146547
of the Revised Code and divisions (A)(1) and (2) of section	146548
5751.22 of the Revised Code as they existed at that time,	146549
excluding payments received for debt purposes;	146550

(b) The township's percentage share of county undivided local	146551
government fund allocations as certified to the tax commissioner	146552
for calendar year 2010 by the county auditor under division (J) of	146553
section 5747.51 of the Revised Code or division (F) of section	146554
5747.53 of the Revised Code multiplied by the total amount	146555
actually distributed in calendar year 2010 from the county	146556
undivided local government fund;	146557

(c) With respect to taxes levied by the township, the taxes	146558
charged and payable against all property on the tax list of real	146559
and public utility property for tax year 2009 excluding taxes	146560
charged and payable for the purpose of paying debt charges.	146561

(31) "Total resources," in the case of a local taxing unit	146562
that is not a county, municipal corporation, or township, means	146563
the sum of the amounts in divisions (A)(31)(a) to (e) of this	146564
section less any reduction required under division (A)(32) of this	146565
section.	146566

(a) The sum of the payments received by the local taxing unit	146567
in calendar year 2010 pursuant to division (A)(1) of section	146568
5727.86 of the Revised Code and divisions (A)(1) and (2) of	146569
section 5751.22 of the Revised Code as they existed at that time;	146570

(b) The local taxing unit's percentage share of county	146571
undivided local government fund allocations as certified to the	146572
tax commissioner for calendar year 2010 by the county auditor	146573
under division (J) of section 5747.51 of the Revised Code or	146574
division (F) of section 5747.53 of the Revised Code multiplied by	146575
the total amount actually distributed in calendar year 2010 from	146576
the county undivided local government fund;	146577

(c) With respect to taxes levied by the local taxing unit,	146578
the taxes charged and payable against all property on the tax list	146579
of real and public utility property for tax year 2009 excluding	146580
taxes charged and payable for the purpose of paying debt charges;	146581

(d) The amount received from the tax commissioner during	146582
calendar year 2010 for sales or use taxes authorized under	146583
sections 5739.023 and 5741.022 of the Revised Code;	146584

(e) For institutions of higher education receiving tax	146585
revenue from a local levy, as identified in section 3358.02 of the	146586
Revised Code, the final state share of instruction allocation for	146587
fiscal year 2010 as calculated by the board of regents and	146588
reported to the state controlling board.	146589

(32) If a fixed-rate levy that is a qualifying levy is not	146590
charged and payable in any year after tax year 2010, "total	146591
resources" used to compute payments to be made under division	146592
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	146593
5751.22 of the Revised Code in the tax years following the last	146594
year the levy is charged and payable shall be reduced to the	146595
extent that the payments are attributable to the fixed-rate levy	146596
loss of that levy as would be computed under division (C)(2) of	146597
section 5727.85, division (A)(1) of section 5727.85, divisions	146598
(C)(8) and (9) of section 5751.21, or division (A)(1) of section	146599
5751.22 of the Revised Code.	146600

(33) In the case of a county, municipal corporation, school	146601
district, or township with fixed-rate levy losses attributable to	146602
a tax levied under section 5705.23 of the Revised Code, "total	146603
resources" used to compute payments to be made under division	146604
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86,	146605
division (C)(12) of section 5751.21, or division (A)(1)(c) of	146606
section 5751.22 of the Revised Code shall be reduced by the	146607
amounts described in divisions (A)(34)(a) to (c) of this section	146608
to the extent that those amounts were included in calculating the	146609
"total resources" of the school district or local taxing unit	146610
under division (A)(22), (28), (29), or (30) of this section.	146611

(34) "Total library resources," in the case of a county,	146612
municipal corporation, school district, or township public library	146613
that receives the proceeds of a tax levied under section 5705.23	146614
of the Revised Code, means the sum of the amounts in divisions	146615
(A)(34)(a) to (c) of this section less any reduction required	146616
under division (A)(32) of this section.	146617

(a) The sum of the payments received by the county, municipal	146618
corporation, school district, or township public library in	146619
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the	146620
Revised Code, as they existed at that time, for fixed-rate levy	146621
losses attributable to a tax levied under section 5705.23 of the	146622
Revised Code for the benefit of the public library;	146623

(b) The public library's percentage share of county undivided	146624
local government fund allocations as certified to the tax	146625
commissioner for calendar year 2010 by the county auditor under	146626
division (J) of section 5747.51 of the Revised Code or division	146627
(F) of section 5747.53 of the Revised Code multiplied by the total	146628
amount actually distributed in calendar year 2010 from the county	146629
undivided local government fund;	146630

(c) With respect to a tax levied pursuant to section 5705.23	146631
of the Revised Code for the benefit of the public library, the	146632
amount of such tax that is charged and payable against all	146633
property on the tax list of real and public utility property for	146634
tax year 2009 excluding any tax that is charged and payable for	146635
the purpose of paying debt charges.	146636

(35) "Municipal current expense property tax levies" means	146637
all property tax levies of a municipality, except those with the	146638
following levy names: airport resurfacing; bond or any levy name	146639
including the word "bond"; capital improvement or any levy name	146640
including the word "capital"; debt or any levy name including the	146641
word "debt"; equipment or any levy name including the word	146642
"equipment," unless the levy is for combined operating and	146643
equipment; employee termination fund; fire pension or any levy	146644
containing the word "pension," including police pensions;	146645
fireman's fund or any practically similar name; sinking fund; road	146646
improvements or any levy containing the word "road"; fire truck or	146647
apparatus; flood or any levy containing the word "flood";	146648
conservancy district; county health; note retirement; sewage, or	146649
any levy containing the words "sewage" or "sewer"; park	146650
improvement; parkland acquisition; storm drain; street or any levy	146651
name containing the word "street"; lighting, or any levy name	146652
containing the word "lighting"; and water.	146653

(36) "Current expense TPP allocation" means, in the case of a	146654
school district or joint vocational school district, the sum of	146655
the payments received by the school district in fiscal year 2011	146656
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	146657
Revised Code to the extent paid for current expense levies. In the	146658
case of a municipal corporation, "current expense TPP allocation"	146659
means the sum of the payments received by the municipal	146660
corporation in calendar year 2010 pursuant to divisions (A)(1) and	146661
(2) of section 5751.22 of the Revised Code to the extent paid for	146662
municipal current expense property tax levies as defined in	146663
division (A)(35) of this section, excluding any such payments	146664
received for current expense levy losses attributable to a tax	146665
levied under section 5705.23 of the Revised Code. If a fixed-rate	146666
levy that is a qualifying levy is not charged and payable in any	146667
year after tax year 2010, "current expense TPP allocation" used to	146668
compute payments to be made under division (C)(12) of section	146669
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	146670
Revised Code in the tax years following the last year the levy is	146671
charged and payable shall be reduced to the extent that the	146672
payments are attributable to the fixed-rate levy loss of that levy	146673
as would be computed under divisions (C)(10) and (11) of section	146674
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.	146675

(37) "TPP allocation" means the sum of payments received by a	146676
local taxing unit in calendar year 2010 pursuant to divisions	146677
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding	146678
any such payments received for fixed-rate levy losses attributable	146679
to a tax levied under section 5705.23 of the Revised Code. If a	146680
fixed-rate levy that is a qualifying levy is not charged and	146681
payable in any year after tax year 2010, "TPP allocation" used to	146682
compute payments to be made under division (A)(1)(b) or (c) of	146683
section 5751.22 of the Revised Code in the tax years following the	146684
last year the levy is charged and payable shall be reduced to the	146685
extent that the payments are attributable to the fixed-rate levy	146686
loss of that levy as would be computed under division (A)(1) of	146687
that section.	146688

(38) "Total TPP allocation" means, in the case of a school	146689
district or joint vocational school district, the sum of the	146690
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	146691
and (11) and (D) of section 5751.21 of the Revised Code. In the	146692
case of a local taxing unit, "total TPP allocation" means the sum	146693
of payments received by the unit in calendar year 2010 pursuant to	146694
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	146695
Code. If a fixed-rate levy that is a qualifying levy is not	146696
charged and payable in any year after tax year 2010, "total TPP	146697
allocation" used to compute payments to be made under division	146698
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	146699
5751.22 of the Revised Code in the tax years following the last	146700
year the levy is charged and payable shall be reduced to the	146701
extent that the payments are attributable to the fixed-rate levy	146702
loss of that levy as would be computed under divisions (C)(10) and	146703
(11) of section 5751.21 or division (A)(1) of section 5751.22 of	146704
the Revised Code.	146705

(39) "Non-current expense TPP allocation" means the	146706
difference of total TPP allocation minus the sum of current	146707
expense TPP allocation and the portion of total TPP allocation	146708
constituting reimbursement for debt levies, pursuant to division	146709
(D) of section 5751.21 of the Revised Code in the case of a school	146710
district or joint vocational school district and pursuant to	146711
division (A)(3) of section 5751.22 of the Revised Code in the case	146712
of a municipal corporation.	146713

(40) "TPP allocation for library purposes" means the sum of	146714
payments received by a county, municipal corporation, school	146715
district, or township public library in calendar year 2010	146716
pursuant to section 5751.22 of the Revised Code for fixed-rate	146717
levy losses attributable to a tax levied under section 5705.23 of	146718
the Revised Code. If a fixed-rate levy authorized under section	146719
5705.23 of the Revised Code that is a qualifying levy is not	146720
charged and payable in any year after tax year 2010, "TPP	146721
allocation for library purposes" used to compute payments to be	146722
made under division (A)(1)(d) of section 5751.22 of the Revised	146723
Code in the tax years following the last year the levy is charged	146724
and payable shall be reduced to the extent that the payments are	146725
attributable to the fixed-rate levy loss of that levy as would be	146726
computed under division (A)(1) of section 5751.22 of the Revised	146727
Code.	146728

(41) "Threshold per cent" means, in the case of a school	146729
district or joint vocational school district, two per cent for	146730
fiscal year 2012 and four per cent for fiscal years 2013 and	146731
thereafter. In the case of a local taxing unit or public library	146732
that receives the proceeds of a tax levied under section 5705.23	146733
of the Revised Code, "threshold per cent" means two per cent for	146734
tax year 2011, four per cent for tax year 2012, and six per cent	146735
for tax years 2013 and thereafter.	146736

(B)(1) The commercial activities tax receipts fund is hereby	146737
created in the state treasury and shall consist of money arising	146738
from the tax imposed under this chapter. Eighty-five	146739
one-hundredths of one per cent of the money credited to that fund	146740
shall be credited to the revenue enhancement fund and shall be	146741
used to defray the costs incurred by the department of taxation in	146742
administering the tax imposed by this chapter and in implementing	146743
tax reform measures. The remainder of the money in the commercial	146744
activities tax receipts fund shall first be credited to the	146745
commercial activity tax motor fuel receipts fund, pursuant to	146746
division (B)(2) of this section, and the remainder shall be	146747
credited in the following percentages each fiscal year to the	146748
general revenue fund, to the school district tangible property tax	146749
replacement fund, which is hereby created in the state treasury	146750
for the purpose of making the payments described in section	146751
5751.21 of the Revised Code, and to the local government tangible	146752
property tax replacement fund, which is hereby created in the	146753
state treasury for the purpose of making the payments described in	146754
section 5751.22 of the Revised Code, in the following percentages:	146755

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	146756
2006	67.7%	22.6%	9.7%	146757
2007	0%	70.0%	30.0%	146758
2008	0%	70.0%	30.0%	146759
2009	0%	70.0%	30.0%	146760
2010	0%	70.0%	30.0%	146761
2011	0%	70.0%	30.0%	146762
2012	25.0%	52.5%	22.5%	146763
2013 and thereafter	50.0%	35.0%	15.0%	146764

(2) Not later than the twentieth day of February, May,	146765
August, and November of each year, the commissioner shall provide	146766
for payment from the commercial activities tax receipts fund to	146767
the commercial activity tax motor fuel receipts fund an amount	146768
that bears the same ratio to the balance in the commercial	146769
activities tax receipts fund that (a) the taxable gross receipts	146770
attributed to motor fuel used for propelling vehicles on public	146771
highways as indicated by returns filed by the tenth day of that	146772
month for a liability that is due and payable on or after July 1,	146773
2013, for a tax period ending before July 1, 2014, bears to (b)	146774
all taxable gross receipts as indicated by those returns for such	146775
liabilities.	146776

(C) Not later than September 15, 2005, the tax commissioner	146777
shall determine for each school district, joint vocational school	146778
district, and local taxing unit its machinery and equipment,	146779
inventory property, furniture and fixtures property, and telephone	146780
property tax value losses, which are the applicable amounts	146781
described in divisions (C)(1), (2), (3), and (4) of this section,	146782
except as provided in division (C)(5) of this section:	146783

(1) Machinery and equipment property tax value loss is the	146784
taxable value of machinery and equipment property as reported by	146785
taxpayers for tax year 2004 multiplied by:	146786

(a) For tax year 2006, thirty-three and eight-tenths per	146787
cent;	146788

(b) For tax year 2007, sixty-one and three-tenths per cent;

146789

146790

(d) For tax year 2009 and thereafter, one hundred per cent.

146791

(2) Inventory property tax value loss is the taxable value of	146792
inventory property as reported by taxpayers for tax year 2004	146793
multiplied by:	146794

(a) For tax year 2006, a fraction, the numerator of which is	146795
five and three-fourths and the denominator of which is	146796
twenty-three;	146797

(b) For tax year 2007, a fraction, the numerator of which is	146798
nine and one-half and the denominator of which is twenty-three;	146799

(c) For tax year 2008, a fraction, the numerator of which is	146800
thirteen and one-fourth and the denominator of which is	146801
twenty-three;	146802

(d) For tax year 2009 and thereafter a fraction, the	146803
numerator of which is seventeen and the denominator of which is	146804
twenty-three.	146805

(3) Furniture and fixtures property tax value loss is the	146806
taxable value of furniture and fixture property as reported by	146807
taxpayers for tax year 2004 multiplied by:	146808

(a) For tax year 2006, twenty-five per cent;

146809

(b) For tax year 2007, fifty per cent;

146810

146811

(d) For tax year 2009 and thereafter, one hundred per cent.

146812

The taxable value of property reported by taxpayers used in	146813
divisions (C)(1), (2), and (3) of this section shall be such	146814
values as determined to be final by the tax commissioner as of	146815
August 31, 2005. Such determinations shall be final except for any	146816
correction of a clerical error that was made prior to August 31,	146817
2005, by the tax commissioner.	146818

(4) Telephone property tax value loss is the taxable value of	146819
telephone property as taxpayers would have reported that property	146820
for tax year 2004 if the assessment rate for all telephone	146821
property for that year were twenty-five per cent, multiplied by:	146822

(a) For tax year 2006, zero per cent;

146823

(b) For tax year 2007, zero per cent;

146824

146825

(d) For tax year 2009, sixty per cent;

146826

(e) For tax year 2010, eighty per cent;

146827

(f) For tax year 2011 and thereafter, one hundred per cent.

146828

(5) Division (C)(5) of this section applies to any school	146829
district, joint vocational school district, or local taxing unit	146830
in a county in which is located a facility currently or formerly	146831
devoted to the enrichment or commercialization of uranium or	146832
uranium products, and for which the total taxable value of	146833
property listed on the general tax list of personal property for	146834
any tax year from tax year 2001 to tax year 2004 was fifty per	146835
cent or less of the taxable value of such property listed on the	146836
general tax list of personal property for the next preceding tax	146837
year.	146838

In computing the fixed-rate levy losses under divisions	146839
(D)(1), (2), and (3) of this section for any school district,	146840
joint vocational school district, or local taxing unit to which	146841
division (C)(5) of this section applies, the taxable value of such	146842
property as listed on the general tax list of personal property	146843
for tax year 2000 shall be substituted for the taxable value of	146844
such property as reported by taxpayers for tax year 2004, in the	146845
taxing district containing the uranium facility, if the taxable	146846
value listed for tax year 2000 is greater than the taxable value	146847
reported by taxpayers for tax year 2004. For the purpose of making	146848
the computations under divisions (D)(1), (2), and (3) of this	146849
section, the tax year 2000 valuation is to be allocated to	146850
machinery and equipment, inventory, and furniture and fixtures	146851
property in the same proportions as the tax year 2004 values. For	146852
the purpose of the calculations in division (A) of section 5751.21	146853
of the Revised Code, the tax year 2004 taxable values shall be	146854
used.	146855

To facilitate the calculations required under division (C) of	146856
this section, the county auditor, upon request from the tax	146857
commissioner, shall provide by August 1, 2005, the values of	146858
machinery and equipment, inventory, and furniture and fixtures for	146859
all single-county personal property taxpayers for tax year 2004.	146860

(D) Not later than September 15, 2005, the tax commissioner	146861
shall determine for each tax year from 2006 through 2009 for each	146862
school district, joint vocational school district, and local	146863
taxing unit its machinery and equipment, inventory, and furniture	146864
and fixtures fixed-rate levy losses, and for each tax year from	146865
2006 through 2011 its telephone property fixed-rate levy loss.	146866
Except as provided in division (F) of this section, such losses	146867
are the applicable amounts described in divisions (D)(1), (2),	146868
(3), and (4) of this section:	146869

(1) The machinery and equipment fixed-rate levy loss is the	146870
machinery and equipment property tax value loss multiplied by the	146871
sum of the tax rates of fixed-rate qualifying levies.	146872

(2) The inventory fixed-rate loss is the inventory property	146873
tax value loss multiplied by the sum of the tax rates of	146874
fixed-rate qualifying levies.	146875

(3) The furniture and fixtures fixed-rate levy loss is the	146876
furniture and fixture property tax value loss multiplied by the	146877
sum of the tax rates of fixed-rate qualifying levies.	146878

(4) The telephone property fixed-rate levy loss is the	146879
telephone property tax value loss multiplied by the sum of the tax	146880
rates of fixed-rate qualifying levies.	146881

(E) Not later than September 15, 2005, the tax commissioner	146882
shall determine for each school district, joint vocational school	146883
district, and local taxing unit its fixed-sum levy loss. The	146884
fixed-sum levy loss is the amount obtained by subtracting the	146885
amount described in division (E)(2) of this section from the	146886
amount described in division (E)(1) of this section:	146887

(1) The sum of the machinery and equipment property tax value	146888
loss, the inventory property tax value loss, and the furniture and	146889
fixtures property tax value loss, and, for 2008 through 2010, the	146890
telephone property tax value loss of the district or unit	146891
multiplied by the sum of the fixed-sum tax rates of qualifying	146892
levies. For 2006 through 2010, this computation shall include all	146893
qualifying levies remaining in effect for the current tax year and	146894
any school district levies charged and payable under section	146895
5705.194 or 5705.213 of the Revised Code that are qualifying	146896
levies not remaining in effect for the current year. For 2011	146897
through 2017 in the case of school district levies charged and	146898
payable under section 5705.194 or 5705.213 of the Revised Code and	146899
for all years after 2010 in the case of other fixed-sum levies,	146900
this computation shall include only qualifying levies remaining in	146901
effect for the current year. For purposes of this computation, a	146902
qualifying school district levy charged and payable under section	146903
5705.194 or 5705.213 of the Revised Code remains in effect in a	146904
year after 2010 only if, for that year, the board of education	146905
levies a school district levy charged and payable under section	146906
5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for	146907
an annual sum at least equal to the annual sum levied by the board	146908
in tax year 2004 less the amount of the payment certified under	146909
this division for 2006.	146910

(2) The total taxable value in tax year 2004 less the sum of	146911
the machinery and equipment, inventory, furniture and fixtures,	146912
and telephone property tax value losses in each school district,	146913
joint vocational school district, and local taxing unit multiplied	146914
by one-half of one mill per dollar.	146915

(3) For the calculations in divisions (E)(1) and (2) of this	146916
section, the tax value losses are those that would be calculated	146917
for tax year 2009 under divisions (C)(1), (2), and (3) of this	146918
section and for tax year 2011 under division (C)(4) of this	146919
section.	146920

(4) To facilitate the calculation under divisions (D) and (E)	146921
of this section, not later than September 1, 2005, any school	146922
district, joint vocational school district, or local taxing unit	146923
that has a qualifying levy that was approved at an election	146924
conducted during 2005 before September 1, 2005, shall certify to	146925
the tax commissioner a copy of the county auditor's certificate of	146926
estimated property tax millage for such levy as required under	146927
division (B) of section 5705.03 of the Revised Code, which is the	146928
rate that shall be used in the calculations under such divisions.	146929

If the amount determined under division (E) of this section	146930
for any school district, joint vocational school district, or	146931
local taxing unit is greater than zero, that amount shall equal	146932
the reimbursement to be paid pursuant to division (E) of section	146933
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	146934
and the one-half of one mill that is subtracted under division	146935
(E)(2) of this section shall be apportioned among all contributing	146936
fixed-sum levies in the proportion that each levy bears to the sum	146937
of all fixed-sum levies within each school district, joint	146938
vocational school district, or local taxing unit.	146939

(F) If a school district levies a tax under section 5705.219	146940
of the Revised Code, the fixed-rate levy loss for qualifying	146941
levies, to the extent repealed under that section, shall equal the	146942
sum of the following amounts in lieu of the amounts computed for	146943
such levies under division (D) of this section:	146944

(1) The sum of the rates of qualifying levies to the extent	146945
so repealed multiplied by the sum of the machinery and equipment,	146946
inventory, and furniture and fixtures tax value losses for 2009 as	146947
determined under that division;	146948

(2) The sum of the rates of qualifying levies to the extent	146949
so repealed multiplied by the telephone property tax value loss	146950
for 2011 as determined under that division.	146951

The fixed-rate levy losses for qualifying levies to the	146952
extent not repealed under section 5705.219 of the Revised Code	146953
shall be as determined under division (D) of this section. The	146954
revised fixed-rate levy losses determined under this division and	146955
division (D) of this section first apply in the year following the	146956
first year the district levies the tax under section 5705.219 of	146957
the Revised Code.	146958

(G) Not later than October 1, 2005, the tax commissioner	146959
shall certify to the department of education for every school	146960
district and joint vocational school district the machinery and	146961
equipment, inventory, furniture and fixtures, and telephone	146962
property tax value losses determined under division (C) of this	146963
section, the machinery and equipment, inventory, furniture and	146964
fixtures, and telephone fixed-rate levy losses determined under	146965
division (D) of this section, and the fixed-sum levy losses	146966
calculated under division (E) of this section. The calculations	146967
under divisions (D) and (E) of this section shall separately	146968
display the levy loss for each levy eligible for reimbursement.	146969

(H) Not later than October 1, 2005, the tax commissioner	146970
shall certify the amount of the fixed-sum levy losses to the	146971
county auditor of each county in which a school district, joint	146972
vocational school district, or local taxing unit with a fixed-sum	146973
levy loss reimbursement has territory.	146974

(I) Not later than the twenty-eighth day of February each	146975
year beginning in 2011 and ending in 2014, the tax commissioner	146976
shall certify to the department of education for each school	146977
district first levying a tax under section 5705.219 of the Revised	146978
Code in the preceding year the revised fixed-rate levy losses	146979
determined under divisions (D) and (F) of this section.	146980

(J)(1) There is hereby created in the state treasury the	146981
commercial activity tax motor fuel receipts fund.	146982

(2)(a) On or before June 15, 2014, the director of the Ohio	146983
public works commission shall certify to the director of budget	146984
and management the amount of debt service paid from the general	146985
revenue fund in fiscal years 2013 and 2014 on bonds issued to	146986
finance or assist in the financing of the cost of local	146987
subdivision public infrastructure capital improvement projects, as	146988
provided for in Sections 2k, 2m, and 2p of Article VIII, Ohio	146989
Constitution, that are attributable to costs for construction,	146990
reconstruction, maintenance, or repair of public highways and	146991
bridges and other statutory highway purposes. That certification	146992
shall allocate the total amount of debt service paid from the	146993
general revenue fund and attributable to those costs in each of	146994
fiscal years 2013 and 2014 according to the applicable section of	146995
the Ohio Constitution under which the bonds were originally	146996
issued.	146997

(b) On or before June 30, 2014, the director of budget and	146998
management shall determine an amount up to but not exceeding the	146999
amount certified under division (J)(2)(a) of this section and	147000
shall reserve that amount from the cash balance in the commercial	147001
activity tax motor fuel receipts fund for transfer to the general	147002
revenue fund at times and in amounts to be determined by the	147003
director. The director shall transfer the cash balance in the	147004
commercial activity tax motor fuel receipts fund in excess of the	147005
amount so reserved to the highway operating fund on or before June	147006
30, 2014.	147007

(3)(a) On or before the fifteenth day of June of each fiscal	147008
year beginning with fiscal year 2015, the director of the Ohio	147009
public works commission shall certify to the director of budget	147010
and management the amount of debt service paid from the general	147011
revenue fund in the current fiscal year on bonds issued to finance	147012
or assist in the financing of the cost of local subdivision public	147013
infrastructure capital improvement projects, as provided for in	147014
Sections 2k, 2m, and 2p of Article VIII, Ohio Constitution, that	147015
are attributable to costs for construction, reconstruction,	147016
maintenance, or repair of public highways and bridges and other	147017
statutory highway purposes. That certification shall allocate the	147018
total amount of debt service paid from the general revenue fund	147019
and attributable to those costs in the current fiscal year	147020
according to the applicable section of the Ohio Constitution under	147021
which the bonds were originally issued.	147022

(b) On or before the thirtieth day of June of each fiscal	147023
year beginning with fiscal year 2015, the director of budget and	147024
management shall determine an amount up to but not exceeding the	147025
amount certified under division (J)(3)(a) of this section and	147026
shall reserve that amount from the cash balance in the motor fuel	147027
receipts tax public highways fund or the commercial activity tax	147028
motor fuel receipts fund for transfer to the general revenue fund	147029
at times and in amounts to be determined by the director. The	147030
director shall transfer the cash balance in the motor fuel	147031
receipts tax public highways fund or the commercial activity tax	147032
motor fuel receipts fund in excess of the amount so reserved to	147033
the highway operating fund on or before the thirtieth day of June	147034
of the current fiscal year.	147035

Sec. 5751.21. (A) Not later than the thirtieth day of July	147036
of 2007 through 2010, the department of education shall consult	147037
with the director of budget and management and determine the	147038
following for each school district and each joint vocational	147039
school district eligible for payment under division (B) of this	147040
section:	147041

(1) The state education aid offset, which, except as provided	147042
in division (A)(1)(c) of this section, is the difference obtained	147043
by subtracting the amount described in division (A)(1)(b) of this	147044
section from the amount described in division (A)(1)(a) of this	147045
section:	147046

(a) The state education aid computed for the school district	147047
or joint vocational school district for the current fiscal year as	147048
of the thirtieth day of July;	147049

(b) The state education aid that would be computed for the	147050
school district or joint vocational school district for the	147051
current fiscal year as of the thirtieth day of July if the	147052
valuation used in the calculation in division (B)(1) of section	147053
3306.13 of the Revised Code as that division existed for fiscal	147054
years 2010 and 2011 included the machinery and equipment,	147055
inventory, furniture and fixtures, and telephone property tax	147056
value losses for the school district or joint vocational school	147057
district for the second preceding tax year, and if taxes charged	147058
and payable associated with the tax value losses are accounted for	147059
in any state education aid computation dependent on taxes charged	147060
and payable.	147061

(c) The state education aid offset for fiscal year 2010 and	147062
fiscal year 2011 equals the greater of the state education aid	147063
offset calculated for that fiscal year under divisions (A)(1)(a)	147064
and (b) of this section and the state education aid offset	147065
calculated for fiscal year 2009. For fiscal year 2012 and 2013,	147066
the state education aid offset equals the state education aid	147067
offset for fiscal year 2011.	147068

(2) For fiscal years 2008 through 2011, the greater of zero	147069
or the difference obtained by subtracting the state education aid	147070
offset determined under division (A)(1) of this section from the	147071
sum of the machinery and equipment fixed-rate levy loss, the	147072
inventory fixed-rate levy loss, furniture and fixtures fixed-rate	147073
levy loss, and telephone property fixed-rate levy loss certified	147074
under divisions (G) and (I) of section 5751.20 of the Revised Code	147075
for all taxing districts in each school district and joint	147076
vocational school district for the second preceding tax year.	147077

By the thirtieth day of July of each such year, the	147078
department of education and the director of budget and management	147079
shall agree upon the amount to be determined under division (A)(1)	147080
of this section.	147081

(B) On or before the thirty-first day of August of 2008,	147082
2009, and 2010, the department of education shall recalculate the	147083
offset described under division (A) of this section for the	147084
previous fiscal year and recalculate the payments made under	147085
division (C) of this section in the preceding fiscal year using	147086
the offset calculated under this division. If the payments	147087
calculated under this division differ from the payments made under	147088
division (C) of this section in the preceding fiscal year, the	147089
difference shall either be paid to a school district or recaptured	147090
from a school district through an adjustment at the same times	147091
during the current fiscal year that the payments under division	147092
(C) of this section are made. In August and October of the current	147093
fiscal year, the amount of each adjustment shall be three-sevenths	147094
of the amount calculated under this division. In May of the	147095
current fiscal year, the adjustment shall be one-seventh of the	147096
amount calculated under this division.	147097

(C) The department of education shall pay from the school	147098
district tangible property tax replacement fund to each school	147099
district and joint vocational school district all of the following	147100
for fixed-rate levy losses certified under divisions (G) and (I)	147101
of section 5751.20 of the Revised Code:	147102

(1) On or before May 31, 2006, one-seventh of the total	147103
fixed-rate levy loss for tax year 2006;	147104

(2) On or before August 31, 2006, and October 31, 2006,	147105
one-half of six-sevenths of the total fixed-rate levy loss for tax	147106
year 2006;	147107

(3) On or before May 31, 2007, one-seventh of the total	147108
fixed-rate levy loss for tax year 2007;	147109

(4) On or before August 31, 2007, and October 31, 2007,	147110
forty-three per cent of the amount determined under division	147111
(A)(2) of this section for fiscal year 2008, but not less than	147112
zero, plus one-half of six-sevenths of the difference between the	147113
total fixed-rate levy loss for tax year 2007 and the total	147114
fixed-rate levy loss for tax year 2006.	147115

(5) On or before May 31, 2008, fourteen per cent of the	147116
amount determined under division (A)(2) of this section for fiscal	147117
year 2008, but not less than zero, plus one-seventh of the	147118
difference between the total fixed-rate levy loss for tax year	147119
2008 and the total fixed-rate levy loss for tax year 2006.	147120

(6) On or before August 31, 2008, and October 31, 2008,	147121
forty-three per cent of the amount determined under division	147122
(A)(2) of this section for fiscal year 2009, but not less than	147123
zero, plus one-half of six-sevenths of the difference between the	147124
total fixed-rate levy loss in tax year 2008 and the total	147125
fixed-rate levy loss in tax year 2007.	147126

(7) On or before May 31, 2009, fourteen per cent of the	147127
amount determined under division (A)(2) of this section for fiscal	147128
year 2009, but not less than zero, plus one-seventh of the	147129
difference between the total fixed-rate levy loss for tax year	147130
2009 and the total fixed-rate levy loss for tax year 2007.	147131

(8) On or before August 31, 2009, and October 31, 2009,	147132
forty-three per cent of the amount determined under division	147133
(A)(2) of this section for fiscal year 2010, but not less than	147134
zero, plus one-half of six-sevenths of the difference between the	147135
total fixed-rate levy loss in tax year 2009 and the total	147136
fixed-rate levy loss in tax year 2008.	147137

(9) On or before May 31, 2010, fourteen per cent of the	147138
amount determined under division (A)(2) of this section for fiscal	147139
year 2010, but not less than zero, plus one-seventh of the	147140
difference between the total fixed-rate levy loss in tax year 2010	147141
and the total fixed-rate levy loss in tax year 2008.	147142

(10) On or before August 31, 2010, and October 31, 2010,	147143
forty-three per cent of the amount determined under division	147144
(A)(2) of this section for fiscal year 2011, but not less than	147145
zero, plus one-half of six-sevenths of the difference between the	147146
telephone property fixed-rate levy loss for tax year 2010 and the	147147
telephone property fixed-rate levy loss for tax year 2009.	147148

(11) On or before May 31, 2011, fourteen per cent of the	147149
amount determined under division (A)(2) of this section for fiscal	147150
year 2011, but not less than zero, plus one-seventh of the	147151
difference between the telephone property fixed-rate levy loss for	147152
tax year 2011 and the telephone property fixed-rate levy loss for	147153
tax year 2009.	147154

(12) For fiscal years 2012 and thereafter, the sum of the	147155
amounts in divisions (C)(12)(a) or (b) and (c) of this section	147156
shall be paid on or before the ~~twentieth~~last day of November and	147157
the last day of May:	147158

(a) If the ratio of current expense TPP allocation to total	147159
resources is equal to or less than the threshold per cent, zero;	147160

(b) If the ratio of current expense TPP allocation to total	147161
resources is greater than the threshold per cent, fifty per cent	147162
of the difference of current expense TPP allocation minus the	147163
product of total resources multiplied by the threshold per cent;	147164

(c) Fifty per cent of the product of non-current expense TPP	147165
allocation multiplied by seventy-five per cent for fiscal year	147166
2012 and fifty per cent for fiscal years 2013 and thereafter.	147167

The department of education shall report to each school	147168
district and joint vocational school district the apportionment of	147169
the payments among the school district's or joint vocational	147170
school district's funds based on the certifications under	147171
divisions (G) and (I) of section 5751.20 of the Revised Code.	147172

(D) For taxes levied within the ten-mill limitation for debt	147173
purposes in tax year 2005, payments shall be made equal to one	147174
hundred per cent of the loss computed as if the tax were a	147175
fixed-rate levy, but those payments shall extend from fiscal year	147176
2006 through fiscal year 2018, as long as the qualifying levy	147177
continues to be used for debt purposes. If the purpose of such a	147178
qualifying levy is changed, that levy becomes subject to the	147179
payments determined in division (C) of this section.	147180

(E)(1) Not later than January 1, 2006, for each fixed-sum	147181
levy of each school district or joint vocational school district	147182
and for each year for which a determination is made under division	147183
(E) of section 5751.20 of the Revised Code that a fixed-sum levy	147184
loss is to be reimbursed, the tax commissioner shall certify to	147185
the department of education the fixed-sum levy loss determined	147186
under that division. The certification shall cover a time period	147187
sufficient to include all fixed-sum levies for which the	147188
commissioner made such a determination. On or before the last day	147189
of May of the current year, the department shall pay from the	147190
school district property tax replacement fund to the school	147191
district or joint vocational school district one-third of the	147192
fixed-sum levy loss so certified, plus one-third of the amount	147193
certified under division (I) of section 5751.20 of the Revised	147194
Code, and on or before the ~~twentieth~~last day of November,	147195
two-thirds of the fixed-sum levy loss so certified, plus	147196
two-thirds of the amount certified under division (I) of section	147197
5751.20 of the Revised Code. Payments under this division of the	147198
amounts certified under division (I) of section 5751.20 of the	147199
Revised Code shall continue until the levy adopted under section	147200
5705.219 of the Revised Code expires.	147201

(2) Beginning in 2006, by the first day of January of each	147202
year, the tax commissioner shall review the certification	147203
originally made under division (E)(1) of this section. If the	147204
commissioner determines that a debt levy that had been scheduled	147205
to be reimbursed in the current year has expired, a revised	147206
certification for that and all subsequent years shall be made to	147207
the department of education.	147208

(F) Beginning in September 2007 and through June 2013, the	147209
director of budget and management shall transfer from the school	147210
district tangible property tax replacement fund to the general	147211
revenue fund each of the following:	147212

(1) On the first day of September, one-fourth of the amount	147213
determined for that fiscal year under division (A)(1) of this	147214
section;	147215

(2) On the first day of December, one-fourth of the amount	147216
determined for that fiscal year under division (A)(1) of this	147217
section;	147218

(3) On the first day of March, one-fourth of the amount	147219
determined for that fiscal year under division (A)(1) of this	147220
section;	147221

(4) On the first day of June, one-fourth of the amount	147222
determined for that fiscal year under division (A)(1) of this	147223
section.	147224

If, when a transfer is required under division (F)(1), (2),	147225
(3), or (4) of this section, there is not sufficient money in the	147226
school district tangible property tax replacement fund to make the	147227
transfer in the required amount, the director shall transfer the	147228
balance in the fund to the general revenue fund and may make	147229
additional transfers on later dates as determined by the director	147230
in a total amount that does not exceed one-fourth of the amount	147231
determined for the fiscal year.	147232

(G) If the total amount in the school district tangible	147233
property tax replacement fund is insufficient to make all payments	147234
under divisions (C), (D), and (E) of this section at the times the	147235
payments are to be made, the director of budget and management	147236
shall transfer from the general revenue fund to the school	147237
district tangible property tax replacement fund the difference	147238
between the total amount to be paid and the amount in the school	147239
district tangible property tax replacement fund.	147240

(H) On the fifteenth day of June of each year, the director	147241
of budget and management may transfer any balance in the school	147242
district tangible property tax replacement fund to the general	147243
revenue fund.	147244

(I) If all of the territory of a school district or joint	147245
vocational school district is merged with another district, or if	147246
a part of the territory of a school district or joint vocational	147247
school district is transferred to an existing or newly created	147248
district, the department of education, in consultation with the	147249
tax commissioner, shall adjust the payments made under this	147250
section as follows:	147251

(1) For a merger of two or more districts, the fixed-sum levy	147252
losses, total resources, current expense TPP allocation, total TPP	147253
allocation, and non-current expense TPP allocation of the	147254
successor district shall be the sum of such items for each of the	147255
districts involved in the merger.	147256

(2) If property is transferred from one district to a	147257
previously existing district, the amount of total resources,	147258
current expense TPP allocation, total TPP allocation, and	147259
non-current expense TPP allocation that shall be transferred to	147260
the recipient district shall be an amount equal to total	147261
resources, current expense TPP allocation, total TPP allocation,	147262
and non-current expense TPP allocation of the transferor district	147263
times a fraction, the numerator of which is the number of pupils	147264
being transferred to the recipient district, measured, in the case	147265
of a school district, by average daily membership as reported	147266
under division (A) of section 3317.03 of the Revised Code or, in	147267
the case of a joint vocational school district, by formula ADM as	147268
reported in division (D) of that section, and the denominator of	147269
which is the average daily membership or formula ADM of the	147270
transferor district.	147271

(3) After December 31, 2010, if property is transferred from	147272
one or more districts to a district that is newly created out of	147273
the transferred property, the newly created district shall be	147274
deemed not to have any total resources, current expense TPP	147275
allocation, total TPP allocation, or non-current expense TPP	147276
allocation.	147277

(4) If the recipient district under division (I)(2) of this	147278
section or the newly created district under division (I)(3) of	147279
this section is assuming debt from one or more of the districts	147280
from which the property was transferred and any of the districts	147281
losing the property had fixed-sum levy losses, the department of	147282
education, in consultation with the tax commissioner, shall make	147283
an equitable division of the fixed-sum levy loss reimbursements.	147284

Sec. 5753.03. (A) For the purpose of receiving and	147285
distributing, and accounting for, revenue received from the tax	147286
levied by section 5753.02 of the Revised Code, the following funds	147287
are created in the state treasury:	147288

(1) The casino tax revenue fund;

147289

(2) The gross casino revenue county fund;

147290

(3) The gross casino revenue county student fund;

147291

(4) The gross casino revenue host city fund;

147292

(5) The Ohio state racing commission fund;

147293

(6) The Ohio law enforcement training fund;

147294

(7) The problem casino gambling and addictions fund;

147295

(8) The casino control commission fund;

147296

(9) The casino tax administration fund;

147297

(10) The peace officer training academy fund;

147298

(11) The criminal justice services casino tax revenue fund.

147299

(B) All moneys collected from the tax levied under this	147300
chapter shall be deposited into the casino tax revenue fund.	147301

(C) From the casino tax revenue fund the director of budget	147302
and management shall transfer as needed to the tax refund fund	147303
amounts equal to the refunds certified by the tax commissioner	147304
under section 5753.06 of the Revised Code.	147305

(D) After making any transfers required by division (C) of	147306
this section, but not later than the fifteenth day of the month	147307
following the end of each calendar quarter, the director of budget	147308
and management shall transfer amounts to each fund as follows:	147309

(1) Fifty-one per cent to the gross casino revenue county	147310
fund to make payments as required by Section 6(C)(3)(a) of Article	147311
XV, Ohio Constitution;	147312

(2) Thirty-four per cent to the gross casino revenue county	147313
student fund to make payments as required by Section 6(C)(3)(b) of	147314
Article XV, Ohio Constitution and as provided in section 5753.11	147315
of the Revised Code;	147316

(3) Five per cent to the gross casino revenue host city fund	147317
for the benefit of the cities in which casino facilities are	147318
located;	147319

(4) Three per cent to the Ohio state racing commission fund	147320
to support the efforts and activities of the Ohio state racing	147321
commission to promote horse racing in this state at which the	147322
pari-mutuel system of wagering is conducted;	147323

(5) Two per cent to the Ohio law enforcement training fund to	147324
support law enforcement functions in the state;	147325

(6) Two per cent to the problem casino gambling and	147326
addictions fund to support efforts of the department of ~~alcohol~~	147327
~~and drug addiction services~~mental health and addiction services	147328
to alleviate problem gambling and substance abuse and related	147329
research in the state under section ~~3793.032~~5119.47 of the	147330
Revised Code;	147331

(7) Three per cent to the casino control commission fund to	147332
support the operations of the Ohio casino control commission and	147333
to defray the cost of administering the tax levied under section	147334
5753.02 of the Revised Code.	147335

Payments under divisions (D)(1) and (3) of this section shall	147336
be made by the end of the month following the end of the quarterly	147337
period. The tax commissioner shall make the data available to the	147338
director of budget and management for this purpose.	147339

Money in the Ohio state racing commission fund shall be	147340
distributed at the discretion of the Ohio state racing commission	147341
for the purpose stated in division (D)(4) of this section by the	147342
end of the month following the end of the quarterly period. The	147343
commission may retain up to five per cent of the amount	147344
transferred to the fund under division (D)(4) of this section for	147345
operating expenses necessary for the administration of the fund.	147346

Payments from the gross casino revenue county student fund as	147347
required under section 5753.11 of the Revised Code shall be made	147348
by the last day of January and by the last day of August of each	147349
year, beginning in 2013. The tax commissioner shall make the data	147350
available to the director of budget and management for this	147351
purpose.	147352

Of the money credited to the Ohio law enforcement training	147353
fund, the director of budget and management shall distribute	147354
eighty-five per cent of the money to the police officer training	147355
academy fund for the purpose of supporting the law enforcement	147356
training efforts of the Ohio peace officer training academy and	147357
fifteen per cent of the money to the criminal justice services	147358
casino tax revenue fund for the purpose of supporting the law	147359
enforcement training efforts of the division of criminal justice	147360
services.	147361

(E)(1) The tax commissioner shall serve as an agent of the	147362
counties of this state only for the purposes of this division and	147363
solely to make payments directly to municipal corporations and	147364
school districts, as applicable, on the counties' behalf.	147365

(2) On or before the last day of the month following the end	147366
of each calendar quarter, the tax commissioner shall provide for	147367
payment from the funds referenced in divisions (D)(1) and (3) of	147368
this section to each county and municipal corporation as	147369
prescribed in those divisions.	147370

(3) On or before the last day of January and the last day of	147371
August each year, the commissioner shall provide for payments from	147372
the fund referenced in division (D)(2) of this section to each	147373
school district as prescribed in that division.	147374

(F) The director of budget and management shall transfer one	147375
per cent of the money credited to the casino control commission	147376
fund to the casino tax administration fund. The tax commissioner	147377
shall use the casino tax administration fund to defray the costs	147378
incurred in administering the tax levied by this chapter.	147379

(G) All investment earnings of the gross casino revenue	147380
county student fund shall be credited to the fund.	147381

Sec. 5753.07. (A)(1) The tax commissioner may issue an	147382
assessment, based on any information in the tax commissioner's	147383
possession, against a casino operator who fails to pay the tax	147384
levied under section 5753.02 of the Revised Code or to file a	147385
return under section 5753.04 of the Revised Code. The tax	147386
commissioner shall give the casino operator written notice of the	147387
assessment under section 5703.37 of the Revised Code. With the	147388
notice, the tax commissioner shall include instructions on how to	147389
petition for reassessment and on how to request a hearing with	147390
respect to the petition.	147391

(2) Unless the casino operator, within sixty days after	147392
service of the notice of assessment, files with the tax	147393
commissioner, either personally or by certified mail, a written	147394
petition signed by the casino operator, or by the casino	147395
operator's authorized agent who has knowledge of the facts, the	147396
assessment becomes final, and the amount of the assessment is due	147397
and payable from the casino operator to the treasurer of state.	147398
The petition shall indicate the casino operator's objections to	147399
the assessment. Additional objections may be raised in writing if	147400
they are received by the tax commissioner before the date shown on	147401
the final determination.	147402

(3) If a petition for reassessment has been properly filed,	147403
the tax commissioner shall proceed under section 5703.60 of the	147404
Revised Code.	147405

(4) After an assessment becomes final, if any portion of the	147406
assessment, including penalties and accrued interest, remains	147407
unpaid, the tax commissioner may file a certified copy of the	147408
entry making the assessment final in the office of the clerk of	147409
the court of common pleas of Franklin county or in the office of	147410
the clerk of the court of common pleas of the county in which the	147411
casino operator resides, the casino operator's casino facility is	147412
located, or the casino operator's principal place of business in	147413
this state is located. Immediately upon the filing of the entry,	147414
the clerk shall enter a judgment for the state against the	147415
taxpayer assessed in the amount shown on the entry. The judgment	147416
may be filed by the clerk in a loose-leaf book entitled, "special	147417
judgments for the gross casino revenue tax." The judgment has the	147418
same effect as other judgments. Execution shall issue upon the	147419
judgment at the request of the tax commissioner, and all laws	147420
applicable to sales on execution apply to sales made under the	147421
judgment.	147422

(5) ~~The portion of an~~If the assessment is not paid in its	147423
entirety within sixty days after the day the assessment was issued	147424
~~bears~~, the portion of the assessment consisting of tax due shall	147425
bear interest at the rate per annum prescribed by section 5703.47	147426
of the Revised Code from the day the tax commissioner issued the	147427
assessment until the assessment is paid or until it is certified	147428
to the attorney general for collection under section 131.02 of the	147429
Revised Code, whichever comes first. If the unpaid portion of the	147430
assessment is certified to the attorney general for collection,	147431
the entire unpaid portion of the assessment shall bear interest at	147432
the rate per annum prescribed by section 5703.47 of the Revised	147433
Code from the date of certification until the date it is paid in	147434
its entirety. Interest shall be paid in the same manner as the tax	147435
levied under section 5753.02 of the Revised Code and may be	147436
collected by the issuance of an assessment under this section.	147437

(B) If the tax commissioner believes that collection of the	147438
tax levied under section 5753.02 of the Revised Code will be	147439
jeopardized unless proceedings to collect or secure collection of	147440
the tax are instituted without delay, the commissioner may issue a	147441
jeopardy assessment against the casino operator who is liable for	147442
the tax. Immediately upon the issuance of a jeopardy assessment,	147443
the tax commissioner shall file an entry with the clerk of the	147444
court of common pleas in the manner prescribed by division (A)(4)	147445
of this section, and the clerk shall proceed as directed in that	147446
division. Notice of the jeopardy assessment shall be served on the	147447
casino operator or the casino operator's authorized agent under	147448
section 5703.37 of the Revised Code within five days after the	147449
filing of the entry with the clerk. The total amount assessed is	147450
immediately due and payable, unless the casino operator assessed	147451
files a petition for reassessment under division (A)(2) of this	147452
section and provides security in a form satisfactory to the tax	147453
commissioner that is in an amount sufficient to satisfy the unpaid	147454
balance of the assessment. If a petition for reassessment has been	147455
filed, and if satisfactory security has been provided, the tax	147456
commissioner shall proceed under division (A)(3) of this section.	147457
Full or partial payment of the assessment does not prejudice the	147458
tax commissioner's consideration of the petition for reassessment.	147459

(C) The tax commissioner shall immediately forward to the	147460
treasurer of state all amounts the tax commissioner receives under	147461
this section, and the amounts forwarded shall be treated as if	147462
they were revenue arising from the tax levied under section	147463
5753.02 of the Revised Code.	147464

(D) Except as otherwise provided in this division, no	147465
assessment shall be issued against a casino operator for the tax	147466
levied under section 5753.02 of the Revised Code more than four	147467
years after the due date for filing the return for the tax period	147468
for which the tax was reported, or more than four years after the	147469
return for the tax period was filed, whichever is later. This	147470
division does not bar an assessment against a casino operator who	147471
fails to file a return as required by section 5753.04 of the	147472
Revised Code or who files a fraudulent return, or when the casino	147473
operator and the tax commissioner waive in writing the time	147474
limitation.	147475

(E) If the tax commissioner possesses information that	147476
indicates that the amount of tax a casino operator is liable to	147477
pay under section 5753.02 of the Revised Code exceeds the amount	147478
the casino operator paid, the tax commissioner may audit a sample	147479
of the casino operator's gross casino revenue over a	147480
representative period of time to ascertain the amount of tax due,	147481
and may issue an assessment based on the audit. The tax	147482
commissioner shall make a good faith effort to reach agreement	147483
with the casino operator in selecting a representative sample. The	147484
tax commissioner may apply a sampling method only if the tax	147485
commissioner has prescribed the method by rule.	147486

(F) If the whereabouts of a casino operator who is liable for	147487
the tax levied under section 5753.02 of the Revised Code are	147488
unknown to the tax commissioner, the tax commissioner shall	147489
proceed under section 5703.37 of the Revised Code.	147490

(G) If a casino operator fails to pay the tax levied under	147491
section 5753.02 of the Revised Code within a period of one year	147492
after the due date for remitting the tax, the Ohio casino control	147493
commission may suspend the casino operator's license.	147494

Sec. 5815.28. (A) As used in this section:

147495

(1) "Ascertainable standard" includes a standard in a trust	147496
instrument requiring the trustee to provide for the care, comfort,	147497
maintenance, welfare, education, or general well-being of the	147498
beneficiary.	147499

(2) "Disability" means any substantial, medically	147500
determinable impairment that can be expected to result in death or	147501
that has lasted or can be expected to last for a continuous period	147502
of at least twelve months, except that "disability" does not	147503
include an impairment that is the result of abuse of alcohol or	147504
drugs.	147505

(3) "Political subdivision" and "state" have the same	147506
meanings as in section 2744.01 of the Revised Code.	147507

(4) "Supplemental services" means services specified by rule	147508
of the department of ~~mental health~~mental health and addiction	147509
services under section ~~5119.01~~5119.10 of the Revised Code or the	147510
department of developmental disabilities under section 5123.04 of	147511
the Revised Code that are provided to an individual with a	147512
disability in addition to services the individual is eligible to	147513
receive under programs authorized by federal or state law.	147514

(B) Any person may create a trust under this section to	147515
provide funding for supplemental services for the benefit of	147516
another individual who meets either of the following conditions:	147517

(1) The individual has a physical or mental disability and is	147518
eligible to receive services through the department of	147519
developmental disabilities or a county board of developmental	147520
disabilities;	147521

(2) The individual has a mental disability and is eligible to	147522
receive services through the department of ~~mental health~~mental	147523
health and addiction services or a board of alcohol, drug	147524
addiction, and mental health services.	147525

The trust may confer discretion upon the trustee and may	147526
contain specific instructions or conditions governing the exercise	147527
of the discretion.	147528

(C) The general division of the court of common pleas and the	147529
probate court of the county in which the beneficiary of a trust	147530
authorized by division (B) of this section resides or is confined	147531
have concurrent original jurisdiction to hear and determine	147532
actions pertaining to the trust. In any action pertaining to the	147533
trust in a court of common pleas or probate court and in any	147534
appeal of the action, all of the following apply to the trial or	147535
appellate court:	147536

(1) The court shall render determinations consistent with the	147537
testator's or other settlor's intent in creating the trust, as	147538
evidenced by the terms of the trust instrument.	147539

(2) The court may order the trustee to exercise discretion	147540
that the trust instrument confers upon the trustee only if the	147541
instrument contains specific instructions or conditions governing	147542
the exercise of that discretion and the trustee has failed to	147543
comply with the instructions or conditions. In issuing an order	147544
pursuant to this division, the court shall require the trustee to	147545
exercise the trustee's discretion only in accordance with the	147546
instructions or conditions.	147547

(3) The court may order the trustee to maintain the trust and	147548
distribute assets in accordance with rules adopted by the director	147549
of ~~mental health~~mental health and addiction services under	147550
section ~~5119.01~~5119.10 of the Revised Code or the director of	147551
developmental disabilities under section 5123.04 of the Revised	147552
Code if the trustee has failed to comply with such rules.	147553

(D) To the extent permitted by federal law and subject to the	147554
provisions of division (C)(2) of this section pertaining to the	147555
enforcement of specific instructions or conditions governing a	147556
trustee's discretion, a trust authorized by division (B) of this	147557
section that confers discretion upon the trustee shall not be	147558
considered an asset or resource of the beneficiary, the	147559
beneficiary's estate, the settlor, or the settlor's estate and	147560
shall be exempt from the claims of creditors, political	147561
subdivisions, the state, other governmental entities, and other	147562
claimants against the beneficiary, the beneficiary's estate, the	147563
settlor, or the settlor's estate, including claims regarding the	147564
medicaid program or based on provisions of Chapters ~~5111.,~~ 5121.,	147565
or 5123. of the Revised Code and claims sought to be satisfied by	147566
way of a civil action, subrogation, execution, garnishment,	147567
attachment, judicial sale, or other legal process, if all of the	147568
following apply:	147569

(1) At the time the trust is created, the trust principal	147570
does not exceed the maximum amount determined under division (E)	147571
of this section;	147572

(2) The trust instrument contains a statement of the	147573
settlor's intent, or otherwise clearly evidences the settlor's	147574
intent, that the beneficiary does not have authority to compel the	147575
trustee under any circumstances to furnish the beneficiary with	147576
minimal or other maintenance or support, to make payments from the	147577
principal of the trust or from the income derived from the	147578
principal, or to convert any portion of the principal into cash,	147579
whether pursuant to an ascertainable standard specified in the	147580
instrument or otherwise;	147581

(3) The trust instrument provides that trust assets can be	147582
used only to provide supplemental services, as defined by rule of	147583
the director of ~~mental health~~mental health and addiction services	147584
under section ~~5119.01~~5119.10 of the Revised Code or the director	147585
of developmental disabilities under section 5123.04 of the Revised	147586
Code, to the beneficiary;	147587

(4) The trust is maintained and assets are distributed in	147588
accordance with rules adopted by the director of ~~mental health~~	147589
mental health and addiction services under section ~~5119.01~~5119.10	147590
of the Revised Code or the director of developmental disabilities	147591
under section 5123.04 of the Revised Code;	147592

(5) The trust instrument provides that on the death of the	147593
beneficiary, a portion of the remaining assets of the trust, which	147594
shall be not less than fifty per cent of such assets, will be	147595
deposited to the credit of the services fund for individuals with	147596
mental illness created by section ~~5119.17~~5119.51 of the Revised	147597
Code or the services fund for individuals with mental retardation	147598
and developmental disabilities created by section 5123.40 of the	147599
Revised Code.	147600

(E) In 1994, the trust principal maximum amount for a trust	147601
created under this section shall be two hundred thousand dollars.	147602
The maximum amount for a trust created under this section prior to	147603
November 11, 1994, may be increased to two hundred thousand	147604
dollars.	147605

In 1995, the maximum amount for a trust created under this	147606
section shall be two hundred two thousand dollars. Each year	147607
thereafter, the maximum amount shall be the prior year's amount	147608
plus two thousand dollars.	147609

(F) This section does not limit or otherwise affect the	147610
creation, validity, interpretation, or effect of any trust that is	147611
not created under this section.	147612

(G) Once a trustee takes action on a trust created by a	147613
settlor under this section and disburses trust funds on behalf of	147614
the beneficiary of the trust, then the trust may not be terminated	147615
or otherwise revoked by a particular event or otherwise without	147616
payment into the services fund created pursuant to section ~~5119.17~~	147617
5119.51 or 5123.40 of the Revised Code of an amount that is equal	147618
to the disbursements made on behalf of the beneficiary for medical	147619
care by the state from the date the trust vests but that is not	147620
more than fifty per cent of the trust corpus.	147621

Sec. 5902.02. The duties of the director of veterans	147622
services shall include the following:	147623

(A) Furnishing the veterans service commissions of all	147624
counties of the state copies of the state laws, rules, and	147625
legislation relating to the operation of the commissions and their	147626
offices;	147627

(B) Upon application, assisting the general public in	147628
obtaining records of vital statistics pertaining to veterans or	147629
their dependents;	147630

(C) Adopting rules pursuant to Chapter 119. of the Revised	147631
Code pertaining to minimum qualifications for hiring, certifying,	147632
and accrediting county veterans service officers, pertaining to	147633
their required duties, and pertaining to revocation of the	147634
certification of county veterans service officers;	147635

(D) Adopting rules pursuant to Chapter 119. of the Revised	147636
Code for the education, training, certification, and duties of	147637
veterans service commissioners and for the revocation of the	147638
certification of a veterans service commissioner;	147639

(E) Developing and monitoring programs and agreements	147640
enhancing employment and training for veterans in single or	147641
multiple county areas;	147642

(F) Developing and monitoring programs and agreements to	147643
enable county veterans service commissions to address	147644
homelessness, indigency, and other veteran-related issues	147645
individually or jointly;	147646

(G) Developing and monitoring programs and agreements to	147647
enable state agencies, individually or jointly, that provide	147648
services to veterans, including the veterans' homes operated under	147649
Chapter 5907. of the Revised Code and the director of job and	147650
family services, to address homelessness, indigency, employment,	147651
and other veteran-related issues;	147652

(H) Establishing and providing statistical reporting formats	147653
and procedures for county veterans service commissions;	147654

(I) Publishing electronically a listing of county veterans	147655
service offices and county veterans service commissioners. The	147656
listing shall include the expiration dates of commission members'	147657
terms of office and the organizations they represent; the names,	147658
addresses, and telephone numbers of county veterans service	147659
offices; and the addresses and telephone numbers of the Ohio	147660
offices and headquarters of state and national veterans service	147661
organizations.	147662

(J) Establishing a veterans advisory committee to advise and	147663
assist the department of veterans services in its duties. Members	147664
shall include a member of the national guard association of the	147665
United States who is a resident of this state, a member of the	147666
military officers association of America who is a resident of this	147667
state, a state representative of congressionally chartered	147668
veterans organizations referred to in section 5901.02 of the	147669
Revised Code, a representative of any other congressionally	147670
chartered state veterans organization that has at least one	147671
veterans service commissioner in the state, three representatives	147672
of the Ohio state association of county veterans service	147673
commissioners, who shall have a combined vote of one, three	147674
representatives of the state association of county veterans	147675
service officers, who shall have a combined vote of one, one	147676
representative of the county commissioners association of Ohio,	147677
who shall be a county commissioner not from the same county as any	147678
of the other county representatives, a representative of the	147679
advisory committee on women veterans, a representative of a labor	147680
organization, and a representative of the office of the attorney	147681
general. The department of veterans services shall submit to the	147682
advisory committee proposed rules for the committee's operation.	147683
The committee may review and revise these proposed rules prior to	147684
submitting them to the joint committee on agency rule review.	147685

(K) Adopting, with the advice and assistance of the veterans	147686
advisory committee, policy and procedural guidelines that the	147687
veterans service commissions shall adhere to in the development	147688
and implementation of rules, policies, procedures, and guidelines	147689
for the administration of Chapter 5901. of the Revised Code. The	147690
department of veterans services shall adopt no guidelines or rules	147691
regulating the purposes, scope, duration, or amounts of financial	147692
assistance provided to applicants pursuant to sections 5901.01 to	147693
5901.15 of the Revised Code. The director of veterans services may	147694
obtain opinions from the office of the attorney general regarding	147695
rules, policies, procedures, and guidelines of the veterans	147696
service commissions and may enforce compliance with Chapter 5901.	147697
of the Revised Code.	147698

(L) Receiving copies of form DD214 filed in accordance with	147699
the director's guidelines adopted under division (L) of this	147700
section from members of veterans service commissions appointed	147701
under section 5901.02 and from county veterans service officers	147702
employed under section 5901.07 of the Revised Code;	147703

(M) Developing and maintaining and improving a resource, such	147704
as a telephone answering point or a web site, by means of which	147705
veterans and their dependents, through a single portal, can access	147706
multiple sources of information and interaction with regard to the	147707
rights of, and the benefits available to, veterans and their	147708
dependents. The director of veterans services may enter into	147709
agreements with state and federal agencies, with agencies of	147710
political subdivisions, with state and local instrumentalities,	147711
and with private entities as necessary to make the resource as	147712
complete as is possible.	147713

(N) Planning, organizing, advertising, and conducting	147714
outreach efforts, such as conferences and fairs, at which veterans	147715
and their dependents may meet, learn about the organization and	147716
operation of the department of veterans services and of veterans	147717
service commissions, and obtain information about the rights of,	147718
and the benefits and services available to, veterans and their	147719
dependents;	147720

(O) Advertising, in print, on radio and television, and	147721
otherwise, the rights of, and the benefits and services available	147722
to, veterans and their dependents;	147723

(P) Developing and advocating improved benefits and services	147724
for, and improved delivery of benefits and services to, veterans	147725
and their dependents;	147726

(Q) Searching for, identifying, and reviewing statutory and	147727
administrative policies that relate to veterans and their	147728
dependents and reporting to the general assembly statutory and	147729
administrative policies that should be consolidated in whole or in	147730
part within the organization of the department of veterans	147731
services to unify funding, delivery, and accounting of statutory	147732
and administrative policy expressions that relate particularly to	147733
veterans and their dependents;	147734

(R) Encouraging veterans service commissions to innovate and	147735
otherwise to improve efficiency in delivering benefits and	147736
services to veterans and their dependents and to report successful	147737
innovations and efficiencies to the director of veterans services;	147738

(S) Publishing and encouraging adoption of successful	147739
innovations and efficiencies veterans service commissions have	147740
achieved in delivering benefits and services to veterans and their	147741
dependents;	147742

(T) Establishing advisory committees, in addition to the	147743
veterans advisory committee established under division (K) of this	147744
section, on veterans issues;	147745

(U) Developing and maintaining a relationship with the United	147746
States department of veterans affairs, seeking optimal federal	147747
benefits and services for Ohio veterans and their dependents, and	147748
encouraging veterans service commissions to maximize the federal	147749
benefits and services to which veterans and their dependents are	147750
entitled;	147751

(V) Developing and maintaining relationships with the several	147752
veterans organizations, encouraging the organizations in their	147753
efforts at assisting veterans and their dependents, and advocating	147754
for adequate state subsidization of the organizations;	147755

(W) Requiring the several veterans organizations that receive	147756
funding from the state annually, not later than the thirtieth day	147757
of July, to report to the director of veterans services and	147758
prescribing the form and content of the report;	147759

(X) Reviewing the reports submitted to the director under	147760
division (W) of this section within thirty days of receipt and	147761
informing the veterans organization of any deficiencies that exist	147762
in the organization's report and that funding will not be released	147763
until the deficiencies have been corrected and a satisfactory	147764
report submitted;	147765

(Y) Advising the director of budget and management when a	147766
report submitted to the director under division (W) of this	147767
section has been reviewed and determined to be satisfactory;	147768

(Z) Furnishing copies of all reports that the director of	147769
veterans services has determined have been submitted	147770
satisfactorily under division (W) of this section to the	147771
chairperson of the finance committees of the general assembly;	147772

(AA) Investigating complaints against county veterans	147773
services commissioners and county veterans service officers if the	147774
director reasonably believes the investigation to be appropriate	147775
and necessary;	147776

~~(Y)~~(BB) Taking any other actions required by this chapter.

147777

Sec. 5905.02. Whenever it appears that a person is eligible	147778
for care or treatment by the veterans' administration or other	147779
agency of the United States, and hospitalization is necessary for	147780
the proper care or treatment of such person, the probate court,	147781
upon receipt of a certificate from the veterans' administration or	147782
such other agency showing that facilities are available and such	147783
person is eligible for care or treatment therein, may order such	147784
person to said veterans' administration or other agency for care	147785
and treatment.	147786

Upon admission, such person shall be subject to the	147787
applicable regulations of the veterans' administration or other	147788
agency of the United States. The chief officer of any hospital to	147789
which any person is admitted pursuant to hospitalization as	147790
provided in sections 5905.01 to 5905.19 of the Revised Code, or	147791
under the law in effect at the time of such admission, shall have	147792
the same powers as are exercised by heads of hospitals for mental	147793
diseases and the department of ~~mental health~~mental health and	147794
addiction services with respect to the retention, transfer,	147795
parole, or discharge of the person hospitalized; provided no	147796
person shall be transferred to a hospital operated by the state or	147797
any political subdivision thereof without the consent of such	147798
department.	147799

The right of such person to appear and defend shall not be	147800
denied.	147801

The judgment or order of hospitalization by a court of	147802
competent jurisdiction of another state ordering a person to the	147803
veterans' administration or other agency of the United States, or	147804
any hospital operated by any such agency, for care or treatment	147805
shall have the same effect as to such person while in this state	147806
as in the state in which the court entering such judgment or	147807
making such order is situated, provided that no nonresident	147808
ordered to a veterans' administration facility located in Ohio	147809
shall thereby acquire a legal settlement in Ohio.	147810

Upon receipt of a certificate that facilities are available	147811
in any such hospital operated by the United States for the care or	147812
treatment of any person ordered to any hospital for the mentally	147813
ill or other hospital in this state for the care of persons	147814
similarly afflicted, and that such person is eligible for such	147815
care or treatment, such department may transfer any such person to	147816
the veterans' administration or other agency of the United States	147817
in the state. Upon effecting any such transfer, the ordering court	147818
shall be notified thereof by the transferring agency; provided	147819
that no such person shall be transferred if hethe person is	147820
confined pursuant to conviction of any crime or misdemeanor, or if	147821
hethe person has been acquitted of any such charge solely on the	147822
ground of insanity, unless prior to such transfer the court	147823
originally ordering such person enters an order for such transfer	147824
after appropriate motion and hearing.	147825

Any person transferred as provided in this section is ordered	147826
to the veterans' administration or other agency of the United	147827
States pursuant to the original order as though hethe person had	147828
been originally so ordered.	147829

Sec. 5910.02. There is hereby created an Ohio war orphans	147830
scholarship board as part of the department of veterans services.	147831
The board consists of eight members as follows: the chancellor of	147832
the Ohio board of regents or the chancellor's designee; the	147833
director of veterans services or the director's designee; one	147834
member of the house of representatives, appointed by the speaker;	147835
one member of the senate, appointed by the president of the	147836
senate; and four members appointed by the governor, one of whom	147837
shall be a representative of the American Legion, one of whom	147838
shall be a representative of the Veterans of Foreign Wars, one of	147839
whom shall be a representative of the Disabled American Veterans,	147840
and one of whom shall be a representative of the AMVETS. At least	147841
ninety days prior to the expiration of the term of office of the	147842
representative of a veterans organization appointed by the	147843
governor, the governor shall notify the state headquarters of the	147844
affected organization of the need for an appointment and request	147845
the organization to make at least three nominations. Within sixty	147846
days after making the request for nominations, the governor may	147847
make the appointment from the nominations received, or may reject	147848
all the nominations and request at least three new nominations,	147849
from which the governor shall make an appointment within thirty	147850
days after making the request for the new nominations. If the	147851
governor receives no nominations during this thirty-day period,	147852
the governor may appoint any veteran.	147853

Terms of office for the four members appointed by the	147854
governor shall be for four years, commencing on the first day of	147855
January and ending on the thirty-first day of December, except	147856
that the term of the AMVETS representative shall expire December	147857
31, 1998, and the new term that succeeds it shall commence on	147858
January 1, 1999, and end on December 31, 2002. Each member shall	147859
hold office from the date of the member's appointment until the	147860
end of the term for which the member was appointed. The other	147861
members shall serve during their terms of office. Any vacancy	147862
shall be filled by appointment in the same manner as by original	147863
appointment. Any member appointed to fill a vacancy occurring	147864
prior to the expiration of the term for which the member's	147865
predecessor was appointed shall hold office for the remainder of	147866
such term. Any appointed member shall continue in office	147867
subsequent to the expiration date of the member's term until the	147868
member's successor takes office, or until a period of sixty days	147869
has elapsed, whichever occurs first. The members of the board	147870
shall serve without pay but shall be reimbursed for travel	147871
expenses and for other actual and necessary expenses incurred in	147872
the performance of their duties, not to exceed ten dollars per day	147873
for ten days in any one year to be appropriated out of any moneys	147874
in the state treasury to the credit of the general revenue fund.	147875

The chancellor of the board of regents shall act as secretary	147876
to the board and shall furnish such clerical and other assistance	147877
as may be necessary to the performance of the duties of the board.	147878

The board shall determine the number of scholarships to be	147879
made available, receive applications for scholarships, pass upon	147880
the eligibility of applicants, decide which applicants are to	147881
receive scholarships, and do all other things necessary for the	147882
proper administration of this chapter.	147883

The board may apply for, and may receive and accept, grants,	147884
and may receive and accept gifts, bequests, and contributions,	147885
from public and private sources, including agencies and	147886
instrumentalities of the United States and this state, and shall	147887
deposit the grants, gifts, bequests, or contributions into the	147888
Ohio war orphans scholarship donation fund.	147889

Sec. 5910.07. The Ohio war orphans scholarship donation fund	147890
is created in the state treasury. The fund shall consist of gifts,	147891
bequests, grants, and contributions made to the fund under section	147892
5910.02 of the Revised Code. Investment earnings of the fund shall	147893
be deposited into the fund. The fund shall be used to operate the	147894
war orphans scholarship program and to provide grants under	147895
sections 5910.01 to 5910.06 of the Revised Code.	147896

Sec. 5910.08. There is hereby created in the state treasury	147897
the war orphans scholarship reserve fund. Not later than the first	147898
day of July of each fiscal year, the chancellor of the Ohio board	147899
of regents shall certify to the director of budget and management	147900
the unencumbered balance of the general revenue fund	147901
appropriations made in the immediately preceding fiscal year for	147902
purposes of the war orphans scholarship program created in Chapter	147903
5910. of the Revised Code. Upon receipt of the certification, the	147904
director may transfer an amount not exceeding the certified amount	147905
from the general revenue fund to the war orphans scholarship	147906
reserve fund. Moneys in the war orphans scholarship reserve fund	147907
shall be used to pay scholarship obligations in excess of the	147908
general revenue fund appropriations made for that purpose.	147909

The director may transfer any unencumbered balance from the	147910
war orphans scholarship reserve fund to the general revenue fund.	147911

Sec. 5919.34. (A) As used in this section:

147912

(1) "Academic term" means any one of the following:

147913

(a) Fall term, which consists of fall semester or fall	147914
quarter, as appropriate;	147915

(b) Winter term, which consists of winter semester, winter	147916
quarter, or spring semester, as appropriate;	147917

147918

(d) Summer term, which consists of summer semester or summer	147919
quarter, as appropriate.	147920

(2) "Eligible applicant" means any individual to whom all of	147921
the following apply:	147922

(a) The individual does not possess a baccalaureate degree.

147923

(b) The individual has enlisted, re-enlisted, or extended	147924
current enlistment in the Ohio national guard or is an individual	147925
to which division (F) of this section applies.	147926

(c) The individual is actively enrolled as a full-time or	147927
part-time student for at least three credit hours of course work	147928
in a semester or quarter in a two-year or four-year	147929
degree-granting program at a state institution of higher education	147930
or a private institution of higher education, or in a	147931
diploma-granting program at a state or private institution of	147932
higher education that is a school of nursing.	147933

(d) The individual has not accumulated ninety-six eligibility	147934
units under division (E) of this section.	147935

(3) "State institution of higher education" means any state	147936
university or college as defined in division (A)(1) of section	147937
3345.12 of the Revised Code, community college established under	147938
Chapter 3354. of the Revised Code, state community college	147939
established under Chapter 3358. of the Revised Code, university	147940
branch established under Chapter 3355. of the Revised Code, or	147941
technical college established under Chapter 3357. of the Revised	147942
Code.	147943

(4) "Private institution of higher education" means an Ohio	147944
institution of higher education that is nonprofit and has received	147945
a certificate of authorization pursuant to Chapter 1713. of the	147946
Revised Code, that is a private institution exempt from regulation	147947
under Chapter 3332. of the Revised Code as prescribed in section	147948
3333.046 of the Revised Code, or that holds a certificate of	147949
registration and program authorization issued by the state board	147950
of career colleges and schools pursuant to section 3332.05 of the	147951
Revised Code.	147952

(5) "Tuition" means the charges imposed to attend an	147953
institution of higher education and includes general and	147954
instructional fees. "Tuition" does not include laboratory fees,	147955
room and board, or other similar fees and charges.	147956

(B) There is hereby created a scholarship program to be known	147957
as the Ohio national guard scholarship program.	147958

(C) The adjutant general shall approve scholarships for all	147959
eligible applicants. The adjutant general shall process all	147960
applications for scholarships for each academic term in the order	147961
in which they are received. The scholarships shall be made without	147962
regard to financial need. At no time shall one person be placed in	147963
priority over another because of sex, race, or religion.	147964

(D)(1) Except as provided in divisions (I) and (J) of this	147965
section, for each academic term that an eligible applicant is	147966
approved for a scholarship under this section and either remains a	147967
current member in good standing of the Ohio national guard or is	147968
eligible for a scholarship under division (F)(1) of this section,	147969
the institution of higher education in which the applicant is	147970
enrolled shall, if the applicant's enlistment obligation extends	147971
beyond the end of that academic term or if division (F)(1) of this	147972
section applies, be paid on the applicant's behalf the applicable	147973
one of the following amounts:	147974

(a) If the institution is a state institution of higher	147975
education, an amount equal to one hundred per cent of the	147976
institution's tuition charges;	147977

(b) If the institution is a nonprofit private institution or	147978
a private institution exempt from regulation under Chapter 3332.	147979
of the Revised Code as prescribed in section 3333.046 of the	147980
Revised Code, an amount equal to one hundred per cent of the	147981
average tuition charges of all state universities;	147982

(c) If the institution is an institution that holds a	147983
certificate of registration from the state board of career	147984
colleges and schools, the lesser of the following:	147985

(i) An amount equal to one hundred per cent of the	147986
institution's tuition;	147987

(ii) An amount equal to one hundred per cent of the average	147988
tuition charges of all state universities, as that term is defined	147989
in section 3345.011 of the Revised Code.	147990

(2) An eligible applicant's scholarship shall not be reduced	147991
by the amount of that applicant's benefits under "the Montgomery	147992
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	147993

(E) A scholarship recipient under this section shall be	147994
entitled to receive scholarships under this section for the number	147995
of quarters or semesters it takes the recipient to accumulate	147996
ninety-six eligibility units as determined under divisions (E)(1)	147997
to (3) of this section.	147998

(1) To determine the maximum number of semesters or quarters	147999
for which a recipient is entitled to a scholarship under this	148000
section, the adjutant general shall convert a recipient's credit	148001
hours of enrollment for each academic term into eligibility units	148002
in accordance with the following table:	148003

		The			148004
Number of		following		The following	148005
credit hours		number of		number of	148006
of enrollment		eligibility		eligibility	148007
in an academic		units if a		units if a	148008
term	equals	semester	or	quarter	148009
					148010
12 or more hours		12 units		8 units	148011
9 but less than 12		9 units		6 units	148012
6 but less than 9		6 units		4 units	148013
3 but less than 6		3 units		2 units	148014

(2) A scholarship recipient under this section may continue	148015
to apply for scholarships under this section until the recipient	148016
has accumulated ninety-six eligibility units.	148017

(3) If a scholarship recipient withdraws from courses prior	148018
to the end of an academic term so that the recipient's enrollment	148019
for that academic term is less than three credit hours, no	148020
scholarship shall be paid on behalf of that person for that	148021
academic term. Except as provided in division (F)(3) of this	148022
section, if a scholarship has already been paid on behalf of the	148023
person for that academic term, the adjutant general shall add to	148024
that person's accumulated eligibility units the number of	148025
eligibility units for which the scholarship was paid.	148026

(F) This division applies to any eligible applicant called	148027
into active duty on or after September 11, 2001. As used in this	148028
division, "active duty" means active duty pursuant to an executive	148029
order of the president of the United States, an act of the	148030
congress of the United States, or section 5919.29 or 5923.21 of	148031
the Revised Code.	148032

(1) For a period of up to five years from when an	148033
individual's enlistment obligation in the Ohio national guard	148034
ends, an individual to whom this division applies is eligible for	148035
scholarships under this section for those academic terms that were	148036
missed or could have been missed as a result of the individual's	148037
call into active duty. Scholarships shall not be paid for the	148038
academic term in which an eligible applicant's enlistment	148039
obligation ends unless an applicant is eligible under this	148040
division for a scholarship for such academic term due to previous	148041
active duty.	148042

(2) When an individual to whom this division applies	148043
withdraws or otherwise fails to complete courses, for which	148044
scholarships have been awarded under this section, because the	148045
individual was called into active duty, the institution of higher	148046
education shall grant the individual a leave of absence from the	148047
individual's education program and shall not impose any academic	148048
penalty for such withdrawal or failure to complete courses.	148049
Division (F)(2) of this section applies regardless of whether or	148050
not the scholarship amount was paid to the institution of higher	148051
education.	148052

(3) If an individual to whom this division applies withdraws	148053
or otherwise fails to complete courses because the individual was	148054
called into active duty, and if scholarships for those courses	148055
have already been paid, either:	148056

(a) The adjutant general shall not add to that person's	148057
accumulated eligibility units calculated under division (E) of	148058
this section the number of eligibility units for the academic	148059
courses or term for which the scholarship was paid and the	148060
institution of higher education shall repay the scholarship amount	148061
to the state.	148062

(b) The adjutant general shall add to that individual's	148063
accumulated eligibility units calculated under division (E) of	148064
this section the number of eligibility units for the academic	148065
courses or term for which the scholarship was paid if the	148066
institution of higher education agrees to permit the individual to	148067
complete the remainder of the academic courses in which the	148068
individual was enrolled at the time the individual was called into	148069
active duty.	148070

(4) No individual who is discharged from the Ohio national	148071
guard under other than honorable conditions shall be eligible for	148072
scholarships under this division.	148073

(G) A scholarship recipient under this section who fails to	148074
complete the term of enlistment, re-enlistment, or extension of	148075
current enlistment the recipient was serving at the time a	148076
scholarship was paid on behalf of the recipient under this section	148077
is liable to the state for repayment of a percentage of all Ohio	148078
national guard scholarships paid on behalf of the recipient under	148079
this section, plus interest at the rate of ten per cent per annum	148080
calculated from the dates the scholarships were paid. This	148081
percentage shall equal the percentage of the current term of	148082
enlistment, re-enlistment, or extension of enlistment a recipient	148083
has not completed as of the date the recipient is discharged from	148084
the Ohio national guard.	148085

The attorney general may commence a civil action on behalf of	148086
the chancellor of the Ohio board of regents to recover the amount	148087
of the scholarships and the interest provided for in this division	148088
and the expenses incurred in prosecuting the action, including	148089
court costs and reasonable attorney's fees. A scholarship	148090
recipient is not liable under this division if the recipient's	148091
failure to complete the term of enlistment being served at the	148092
time a scholarship was paid on behalf of the recipient under this	148093
section is due to the recipient's death or discharge from the	148094
national guard due to disability.	148095

(H) On or before the first day of each academic term, the	148096
adjutant general shall provide an eligibility roster to the	148097
chancellor and to each institution of higher education at which	148098
one or more scholarship recipients have applied for enrollment.	148099
The institution shall use the roster to certify the actual	148100
full-time or part-time enrollment of each scholarship recipient	148101
listed as enrolled at the institution and return the roster to the	148102
adjutant general and the chancellor. Except as provided in	148103
division (J) of this section, the chancellor shall provide for	148104
payment of the appropriate number and amount of scholarships to	148105
each institution of higher education pursuant to division (D) of	148106
this section. If an institution of higher education fails to	148107
certify the actual enrollment of a scholarship recipient listed as	148108
enrolled at the institution within thirty days of the end of an	148109
academic term, the institution shall not be eligible to receive	148110
payment from the Ohio national guard scholarship program or from	148111
the individual enrollee. The adjutant general shall report on a	148112
semiannual basis to the director of budget and management, the	148113
speaker of the house of representatives, the president of the	148114
senate, and the chancellor the number of Ohio national guard	148115
scholarship recipients, the size of the scholarship-eligible	148116
population, and a projection of the cost of the program for the	148117
remainder of the biennium.	148118

(I) The chancellor and the adjutant general may adopt rules	148119
pursuant to Chapter 119. of the Revised Code governing the	148120
administration and fiscal management of the Ohio national guard	148121
scholarship program and the procedure by which the chancellor and	148122
the department of the adjutant general may modify the amount of	148123
scholarships a member receives based on the amount of other state	148124
financial aid a member receives.	148125

(J) The adjutant general, the chancellor, and the director,	148126
or their designees, shall jointly estimate the costs of the Ohio	148127
national guard scholarship program for each upcoming fiscal	148128
biennium, and shall report that estimate prior to the beginning of	148129
the fiscal biennium to the chairpersons of the finance committees	148130
in the general assembly. During each fiscal year of the biennium,	148131
the adjutant general, the chancellor, and the director, or their	148132
designees, shall meet regularly to monitor the actual costs of the	148133
Ohio national guard scholarship program and update cost	148134
projections for the remainder of the biennium as necessary. If the	148135
amounts appropriated for the Ohio national guard scholarship	148136
program and any funds in the Ohio national guard scholarship	148137
reserve fund and the Ohio national guard scholarship donation fund	148138
are not adequate to provide scholarships in the amounts specified	148139
in division (D)(1) of this section for all eligible applicants,	148140
the chancellor shall do all of the following:	148141

(1) Notify each private institution of higher education,	148142
where a scholarship recipient is enrolled, that, by accepting the	148143
Ohio national guard scholarship program as payment for all or part	148144
of the institution's tuition, the institution agrees that if the	148145
chancellor reduces the amount of each scholarship, the institution	148146
shall provide each scholarship recipient a grant or tuition waiver	148147
in an amount equal to the amount the recipient's scholarship was	148148
reduced by the chancellor.	148149

(2) Reduce the amount of each scholarship under division	148150
(D)(1)(a) of this section proportionally based on the amount of	148151
remaining available funds. Each state institution of higher	148152
education shall provide each scholarship recipient under division	148153
(D)(1)(a) of this section a grant or tuition waiver in an amount	148154
equal to the amount the recipient's scholarship was reduced by the	148155
chancellor.	148156

(K) Notwithstanding division (A) of section 127.14 of the	148157
Revised Code, the controlling board shall not transfer all or part	148158
of any appropriation for the Ohio national guard scholarship	148159
program.	148160

(L) The chancellor and the adjutant general may apply for,	148161
and may receive and accept grants, and may receive and accept	148162
gifts, bequests, and contributions, from public and private	148163
sources, including agencies and instrumentalities of the United	148164
States and this state, and shall deposit the grants, gifts,	148165
bequests, or contributions into the national guard scholarship	148166
~~reserve~~donation fund.	148167

Sec. 5919.342. The national guard scholarship donation fund	148168
is created in the state treasury. The fund shall consist of gifts,	148169
bequests, grants, and contributions made to the fund under	148170
division (L) of section 5919.34 of the Revised Code. Investment	148171
earnings of the fund shall be deposited into the fund. The fund	148172
shall be used to operate the Ohio national guard scholarship	148173
program created under section 5919.34 of the Revised Code.	148174

Sec. 5924.502. (A) If the issue of an accused's competence	148175
to stand trial is raised or if an accused enters a plea of not	148176
guilty by reason of insanity, the court may order one or more	148177
evaluations of the accused's present mental condition or, in the	148178
case of a plea of not guilty by reason of insanity, of the	148179
accused's mental condition at the time of the offense charged. An	148180
examiner shall conduct the evaluation.	148181

(B) If the court orders more than one evaluation under	148182
division (A) of this section, the trial counsel and the defense	148183
counsel may recommend to the court an examiner whom each prefers	148184
to perform one of the evaluations. If an accused enters a plea of	148185
not guilty by reason of insanity and if the court does not	148186
designate an examiner recommended by the defense counsel, the	148187
court shall inform the accused that the accused may have	148188
independent expert evaluation and that it will be obtained for the	148189
accused at public expense.	148190

(C) If the court orders an evaluation under division (A) of	148191
this section, the accused shall be available at the times and	148192
places established by the examiners who are to conduct the	148193
evaluation. The court may order an accused who is not being held	148194
in pretrial confinement to submit to an evaluation under this	148195
section. If an accused who is not being held in pretrial	148196
confinement refuses to submit to a complete evaluation, the court	148197
may order the sheriff to take the accused into custody and deliver	148198
the accused to a center, program, or facility operated or	148199
certified by the department of ~~mental health~~mental health and	148200
addiction services where the accused may be held for evaluation	148201
for a reasonable period of time not to exceed twenty days.	148202

(D) An accused who is being held in pretrial confinement may	148203
be evaluated at the accused's place of detention. Upon the request	148204
of the examiner, the court may order the sheriff to transport the	148205
accused to a program or facility operated or certified by the	148206
department of ~~mental health~~mental health and addiction services,	148207
where the accused may be held for evaluation for a reasonable	148208
period of time not to exceed twenty days, and to return the	148209
accused to the place of detention after the evaluation.	148210

(E) If a court orders the evaluation to determine an	148211
accused's mental condition at the time of the offense charged, the	148212
court shall inform the examiner of the offense with which the	148213
accused is charged.	148214

(F) In conducting an evaluation of an accused's mental	148215
condition at the time of the offense charged, the examiner shall	148216
consider all relevant evidence. If the offense charged involves	148217
the use of force against another person, the relevant evidence to	148218
be considered includes, but is not limited to, any evidence that	148219
the accused suffered at the time of the commission of the offense	148220
from the "battered woman syndrome."	148221

(G) The examiner shall file a written report with the court	148222
within thirty days after entry of a court order for evaluation,	148223
and the court shall provide copies of the report to the trial	148224
counsel and defense counsel. The report shall include all of the	148225
following:	148226

(1) The examiner's findings;

148227

(2) The facts in reasonable detail on which the findings are	148228
based;	148229

(3) If the evaluation was ordered to determine the accused's	148230
competence to stand trial, all of the following findings or	148231
recommendations that are applicable:	148232

(a) Whether the accused is capable of understanding the	148233
nature and objective of the proceedings against the accused or of	148234
assisting in the accused's defense;	148235

(b) If the examiner's opinion is that the accused is	148236
incapable of understanding the nature and objective of the	148237
proceedings against the accused or of assisting in the accused's	148238
defense, whether the accused presently is mentally ill;	148239

(c) If the examiner's opinion is that the accused is	148240
incapable of understanding the nature and objective of the	148241
proceedings against the accused or of assisting in the accused's	148242
defense, the examiner's opinion as to the likelihood of the	148243
accused becoming capable of understanding the nature and objective	148244
of the proceedings against the accused and of assisting in the	148245
accused's defense within one year if the accused is provided with	148246
a course of treatment;	148247

(d) If the examiner's opinion is that the accused is	148248
incapable of understanding the nature and objective of the	148249
proceedings against the accused or of assisting in the accused's	148250
defense and that the accused presently is mentally ill, the	148251
examiner's recommendation as to the least restrictive placement or	148252
commitment alternative, consistent with the accused's treatment	148253
needs for restoration to competency and with the safety of the	148254
community;	148255

(e) If the accused is charged before a special or summary	148256
court-martial with an offense that is not a violation of section	148257
5924.120, 5924.127, or 5924.128 of the Revised Code and the	148258
examiner's opinion is that the accused is incapable of	148259
understanding the nature and objective of the proceedings against	148260
the accused or of assisting in the accused's defense and that the	148261
accused is presently mentally ill, the examiner's recommendation	148262
as to whether the accused is amenable to engagement in mental	148263
health treatment.	148264

(4) If the evaluation was ordered to determine the accused's	148265
mental condition at the time of the offense charged, the	148266
examiner's findings as to whether the accused at the time of the	148267
offense charged did not know, as a result of a severe mental	148268
disease or defect, the wrongfulness of the accused's acts charged.	148269

(H) An examiner appointed under divisions (A) and (B) of this	148270
section to evaluate an accused to determine the accused's	148271
competence to stand trial also may be appointed to evaluate an	148272
accused who has entered a plea of not guilty by reason of	148273
insanity, but an examiner of that nature shall prepare separate	148274
reports on the issue of competence to stand trial and the defense	148275
of not guilty by reason of insanity.	148276

(I) No statement that an accused makes in an evaluation or	148277
hearing under divisions (A) to (H) of this section relating to the	148278
accused's competence to stand trial or to the accused's mental	148279
condition at the time of the offense charged may be used against	148280
the accused on the issue of guilt in any criminal action or	148281
proceeding, but, in a criminal action or proceeding, the trial	148282
counsel or defense counsel may call as a witness any person who	148283
evaluated the accused or prepared a report pursuant to a referral	148284
under this section. Neither the appointment nor the testimony of	148285
an examiner appointed under this section precludes the trial	148286
counsel or defense counsel from calling other witnesses or	148287
presenting other evidence on competency or insanity issues.	148288

(J) Persons appointed as examiners under divisions (A) and	148289
(B) of this section or under division (H) of this section shall be	148290
paid a reasonable amount for their services and expenses, as	148291
certified by the court.	148292

Sec. 5924.503. (A) If the issue of an accused's competence	148293
to stand trial is raised and if the court, upon conducting the	148294
hearing provided for in section 5924.502 of the Revised Code,	148295
finds that the accused is competent to stand trial, the accused	148296
shall be proceeded against as provided by law. If the court finds	148297
the accused competent to stand trial and the accused is receiving	148298
psychotropic drugs or other medication, the court may authorize	148299
the continued administration of the drugs or medication or other	148300
appropriate treatment in order to maintain the accused's	148301
competence to stand trial unless the accused's attending physician	148302
advises the court against continuation of the drugs, other	148303
medication, or treatment.	148304

(B)(1)(a) If, after taking into consideration all relevant	148305
reports, information, and other evidence, the court finds that the	148306
accused is incompetent to stand trial and that there is a	148307
substantial probability that the accused will become competent to	148308
stand trial within one year if the accused is provided with a	148309
course of treatment, the court shall order the accused to undergo	148310
treatment. If the accused is being tried by a general	148311
court-martial and if, after taking into consideration all relevant	148312
reports, information, and other evidence, the court finds that the	148313
accused is incompetent to stand trial, but the court is unable at	148314
that time to determine whether there is a substantial probability	148315
that the accused will become competent to stand trial within one	148316
year if the accused is provided with a course of treatment, the	148317
court shall order continuing evaluation and treatment of the	148318
accused for a period not to exceed four months to determine	148319
whether there is a substantial probability that the accused will	148320
become competent to stand trial within one year if the accused is	148321
provided with a course of treatment.	148322

(b) The court order for the accused to undergo treatment or	148323
continuing evaluation and treatment under division (B)(1)(a) of	148324
this section shall specify that the accused, if determined to	148325
require mental health treatment or continuing evaluation and	148326
treatment, shall be committed to the department of ~~mental health~~	148327
mental health and addiction services for treatment or continuing	148328
evaluation and treatment at a hospital, facility, or agency	148329
determined to be clinically appropriate by the department of	148330
~~mental health~~mental health and addiction services. The order may	148331
restrict the accused's freedom of movement as the court considers	148332
necessary. The trial counsel in the accused's case shall send to	148333
the chief clinical officer of the hospital, facility, or ~~agency~~	148334
services provider where the accused is placed by the department of	148335
~~mental health~~mental health and addiction services or to the	148336
managing officer of the institution, the director of the facility,	148337
or the person to which the accused is committed copies of relevant	148338
investigative reports and other background information that	148339
pertains to the accused and is available to the trial counsel	148340
unless the trial counsel determines that the release of any of the	148341
information in the investigative reports or any of the other	148342
background information to unauthorized persons would interfere	148343
with the effective prosecution of any person or would create a	148344
substantial risk of harm to any person.	148345

In committing the accused to the department of ~~mental health~~	148346
mental health and addiction services, the court shall consider the	148347
extent to which the person is a danger to the person and to	148348
others, the need for security, and the type of crime involved and,	148349
if the court finds that restrictions on the accused's freedom of	148350
movement are necessary, shall specify the least restrictive	148351
limitations on the person's freedom of movement determined to be	148352
necessary to protect public safety. In weighing these factors, the	148353
court shall give preference to protecting public safety.	148354

(c) If the accused is found incompetent to stand trial, if	148355
the chief clinical officer of the hospital, facility, or ~~agency~~	148356
services provider where the accused is placed, or the managing	148357
officer of the institution, the director of the facility, or the	148358
person to which the accused is committed for treatment or	148359
continuing evaluation and treatment under division (B)(1)(b) of	148360
this section determines that medication is necessary to restore	148361
the accused's competency to stand trial, and if the accused lacks	148362
the capacity to give informed consent or refuses medication, the	148363
chief clinical officer of the hospital, facility, or ~~agency~~	148364
services provider where the accused is placed or the managing	148365
officer of the institution, the director of the facility, or the	148366
person to which the accused is committed for treatment or	148367
continuing evaluation and treatment may petition the court for	148368
authorization for the involuntary administration of medication.	148369
The court shall hold a hearing on the petition within five days of	148370
the filing of the petition. Following the hearing, the court may	148371
authorize the involuntary administration of medication or may	148372
dismiss the petition.	148373

(d) If the accused is charged before a special or summary	148374
court-martial with an offense that is not a violation of section	148375
5924.120, 5924.127, or 5924.128 of the Revised Code, the trial	148376
counsel may hold the charges in abeyance while the accused engages	148377
in mental health treatment.	148378

(2) If the court finds that the accused is incompetent to	148379
stand trial and that, even if the accused is provided with a	148380
course of treatment, there is not a substantial probability that	148381
the accused will become competent to stand trial within one year,	148382
the court shall order the discharge of the accused, unless upon	148383
motion of the trial counsel or on its own motion, the court either	148384
seeks to retain jurisdiction over the accused pursuant to division	148385
(A)(2) of section 5924.504 of the Revised Code or files an	148386
affidavit in the probate court for the civil commitment of the	148387
accused pursuant to Chapter 5122. of the Revised Code alleging	148388
that the accused is a mentally ill person subject to	148389
hospitalization by court order. If an affidavit is filed in the	148390
probate court, the trial court shall send to the probate court	148391
copies of all written reports of the accused's mental condition	148392
that were prepared pursuant to section 5924.502 of the Revised	148393
Code.	148394

The trial court may issue the temporary order of detention	148395
that a probate court may issue under section 5122.11 of the	148396
Revised Code, to remain in effect until the probable cause or	148397
initial hearing in the probate court. Further proceedings in the	148398
probate court are civil proceedings governed by Chapter 5122. of	148399
the Revised Code.	148400

(C) No accused shall be required to undergo treatment,	148401
including any continuing evaluation and treatment, under division	148402
(B)(1) of this section for longer than whichever of the following	148403
periods is applicable:	148404

(1) One year, if the accused is being tried by a general	148405
court-martial;	148406

(2) Six months, if the accused is being tried before a	148407
special court-martial;	148408

(3) Sixty days, if the accused is being tried before a	148409
summary court-martial.	148410

(D) Any accused who is committed pursuant to this section	148411
shall not voluntarily admit the accused or be voluntarily admitted	148412
to a hospital or institution pursuant to section 5122.02 or	148413
5122.15 of the Revised Code.	148414

(E) Except as otherwise provided in this division, an accused	148415
who is charged with an offense and is committed by the court under	148416
this section to the department of ~~mental health~~mental health and	148417
addiction services with restrictions on the accused's freedom of	148418
movement shall not be granted unsupervised on-grounds movement,	148419
supervised off-grounds movement, or nonsecured status except in	148420
accordance with the court order. The court may grant an accused	148421
supervised off-grounds movement to obtain medical treatment or	148422
specialized habilitation treatment services if the person who	148423
supervises the treatment or the continuing evaluation and	148424
treatment of the accused ordered under division (B)(1)(a) of this	148425
section informs the court that the treatment or continuing	148426
evaluation and treatment cannot be provided at the hospital or	148427
facility where the accused is placed by the department of ~~mental~~	148428
~~health~~mental health and addiction services. The chief clinical	148429
officer of the hospital or facility where the accused is placed by	148430
the department of ~~mental health~~mental health and addiction	148431
services or the managing officer of the institution or director of	148432
the facility to which the accused is committed or a designee of	148433
any of those persons may grant an accused movement to a medical	148434
facility for an emergency medical situation with appropriate	148435
supervision to ensure the safety of the accused, staff, and	148436
community during that emergency medical situation. The chief	148437
clinical officer of the hospital or facility where the accused is	148438
placed by the department of ~~mental health~~mental health and	148439
addiction services or the managing officer of the institution or	148440
director of the facility to which the accused is committed shall	148441
notify the court within twenty-four hours of the accused's	148442
movement to the medical facility for an emergency medical	148443
situation under this division.	148444

(F) The person who supervises the treatment or continuing	148445
evaluation and treatment of an accused ordered to undergo	148446
treatment or continuing evaluation and treatment under division	148447
(B)(1)(a) of this section shall file a written report with the	148448
court at the following times:	148449

(1) Whenever the person believes the accused is capable of	148450
understanding the nature and objective of the proceedings against	148451
the accused and of assisting in the accused's defense;	148452

(2) Fourteen days before expiration of the maximum time for	148453
treatment as specified in division (C) of this section and	148454
fourteen days before the expiration of the maximum time for	148455
continuing evaluation and treatment as specified in division	148456
(B)(1)(a) of this section;	148457

(3) At a minimum, after each six months of treatment;

148458

(4) Whenever the person who supervises the treatment or	148459
continuing evaluation and treatment of an accused ordered under	148460
division (B)(1)(a) of this section believes that there is not a	148461
substantial probability that the accused will become capable of	148462
understanding the nature and objective of the proceedings against	148463
the accused or of assisting in the accused's defense even if the	148464
accused is provided with a course of treatment.	148465

(G) A report under division (F) of this section shall contain	148466
the examiner's findings, the facts in reasonable detail on which	148467
the findings are based, and the examiner's opinion as to the	148468
accused's capability of understanding the nature and objective of	148469
the proceedings against the accused and of assisting in the	148470
accused's defense. If, in the examiner's opinion, the accused	148471
remains incapable of understanding the nature and objective of the	148472
proceedings against the accused and of assisting in the accused's	148473
defense and there is a substantial probability that the accused	148474
will become capable of understanding the nature and objective of	148475
the proceedings against the accused and of assisting in the	148476
accused's defense if the accused is provided with a course of	148477
treatment, if in the examiner's opinion the accused remains	148478
mentally ill, and if the maximum time for treatment as specified	148479
in division (C) of this section has not expired, the report also	148480
shall contain the examiner's recommendation as to the least	148481
restrictive placement or commitment alternative that is consistent	148482
with the accused's treatment needs for restoration to competency	148483
and with the safety of the community. The court shall provide	148484
copies of the report to the trial counsel and defense counsel.	148485

(H) If an accused is committed pursuant to division (B)(1) of	148486
this section, within ten days after the treating physician of the	148487
accused or the examiner of the accused who is employed or retained	148488
by the treating facility advises that there is not a substantial	148489
probability that the accused will become capable of understanding	148490
the nature and objective of the proceedings against the accused or	148491
of assisting in the accused's defense even if the accused is	148492
provided with a course of treatment, within ten days after the	148493
expiration of the maximum time for treatment as specified in	148494
division (C) of this section, within ten days after the expiration	148495
of the maximum time for continuing evaluation and treatment as	148496
specified in division (B)(1)(a) of this section, within thirty	148497
days after an accused's request for a hearing that is made after	148498
six months of treatment, or within thirty days after being advised	148499
by the treating physician or examiner that the accused is	148500
competent to stand trial, whichever is the earliest, the court	148501
shall conduct another hearing to determine if the accused is	148502
competent to stand trial and shall do whichever of the following	148503
is applicable:	148504

(1) If the court finds that the accused is competent to stand	148505
trial, the accused shall be proceeded against as provided by law.	148506

(2) If the court finds that the accused is incompetent to	148507
stand trial, but that there is a substantial probability that the	148508
accused will become competent to stand trial if the accused is	148509
provided with a course of treatment, and the maximum time for	148510
treatment as specified in division (C) of this section has not	148511
expired, the court, after consideration of the examiner's	148512
recommendation, shall order that treatment be continued, may	148513
change least restrictive limitations on the accused's freedom of	148514
movement.	148515

(3) If the court finds that the accused is incompetent to	148516
stand trial, if the accused is being tried by a general	148517
court-martial, and if the court finds that there is not a	148518
substantial probability that the accused will become competent to	148519
stand trial even if the accused is provided with a course of	148520
treatment, or if the maximum time for treatment as specified in	148521
division (C) of this section has expired, further proceedings	148522
shall be as provided in sections 5924.504 to 5924.506 of the	148523
Revised Code.	148524

(4) If the court finds that the accused is incompetent to	148525
stand trial, if the accused is being tried before a special	148526
court-martial, and if the court finds that there is not a	148527
substantial probability that the accused will become competent to	148528
stand trial even if the accused is provided with a course of	148529
treatment, or if the maximum time for treatment as specified in	148530
division (C) of this section has expired, the court shall dismiss	148531
the charge against the accused. A dismissal under this division is	148532
not a bar to further prosecution based on the same conduct. The	148533
court shall discharge the accused unless the court or trial	148534
counsel files an affidavit in probate court for civil commitment	148535
pursuant to Chapter 5122. of the Revised Code. If an affidavit for	148536
civil commitment is filed, the court may detain the accused for	148537
ten days pending civil commitment. All of the following provisions	148538
apply to persons being tried by a special court-martial who are	148539
committed by the probate court subsequent to the court's or trial	148540
counsel's filing of an affidavit for civil commitment under	148541
authority of this division:	148542

(a) The chief clinical officer of the entity, hospital, or	148543
facility, the managing officer of the institution, or the person	148544
to which the accused is committed or admitted shall do all of the	148545
following:	148546

(i) Notify the trial counsel in writing of the discharge of	148547
the accused, send the notice at least ten days prior to the	148548
discharge unless the discharge is by the probate court, and state	148549
in the notice the date on which the accused will be discharged;	148550

(ii) Notify the trial counsel in writing when the accused is	148551
absent without leave or is granted unsupervised, off-grounds	148552
movement and send this notice promptly after the discovery of the	148553
absence without leave or prior to the granting of the	148554
unsupervised, off-grounds movement, whichever is applicable;	148555

(iii) Notify the trial counsel in writing of the change of	148556
the accused's commitment or admission to voluntary status, send	148557
the notice promptly upon learning of the change to voluntary	148558
status, and state in the notice the date on which the accused was	148559
committed or admitted on a voluntary status.	148560

(b) The trial counsel shall promptly inform the convening	148561
authority of any notification received under division (H)(4)(a) of	148562
this section. Upon receiving notice that the accused will be	148563
granted unsupervised, off-grounds movement, the convening	148564
authority either shall refer the charges against the accused to an	148565
investigating officer again or promptly notify the court that the	148566
convening authority does not intend to refer the charges against	148567
the accused again.	148568

(I) If an accused is convicted of a crime and sentenced to	148569
confinement, the accused's sentence shall be reduced by the total	148570
number of days the accused is confined for evaluation to determine	148571
the accused's competence to stand trial or treatment under this	148572
section and sections 5924.502 and 5924.504 of the Revised Code or	148573
by the total number of days the accused is confined for evaluation	148574
to determine the accused's mental condition at the time of the	148575
offense charged.	148576

Sec. 5924.504. (A) If an accused being tried by a general	148577
court-martial is found incompetent to stand trial, after the	148578
expiration of the maximum time for treatment as specified in	148579
division (C) of section 5924.503 of the Revised Code or after the	148580
court finds that there is not a substantial probability that the	148581
accused will become competent to stand trial even if the accused	148582
is provided with a course of treatment, one of the following	148583
applies:	148584

(1) The court or the trial counsel may file an affidavit in	148585
probate court for civil commitment of the accused in the manner	148586
provided in Chapter 5122. of the Revised Code. If the court or	148587
trial counsel files an affidavit for civil commitment, the court	148588
may detain the accused for ten days pending civil commitment. If	148589
the probate court commits the accused subsequent to the court's or	148590
trial counsel's filing of an affidavit for civil commitment, the	148591
chief clinical officer of the entity, hospital, or facility, the	148592
managing officer of the institution, or the person to which the	148593
accused is committed or admitted shall send to the trial counsel	148594
the notices described in divisions (H)(4)(a)(i) to (iii) of	148595
section 5924.503 of the Revised Code within the periods of time	148596
and under the circumstances specified in those divisions.	148597

(2) On the motion of the trial counsel or on its own motion,	148598
the court may retain jurisdiction over the accused if at a hearing	148599
the court finds both of the following by clear and convincing	148600
evidence:	148601

(a) The accused committed the offense with which the accused	148602
is charged.	148603

(b) The accused is a mentally ill person subject to	148604
hospitalization by court order.	148605

(B) In making its determination under division (A)(2) of this	148606
section as to whether to retain jurisdiction over the accused, the	148607
court may consider all relevant evidence, including, but not	148608
limited to, any relevant psychiatric, psychological, or medical	148609
testimony or reports, the acts constituting the offense charged,	148610
and any history of the accused that is relevant to the accused's	148611
ability to conform to the law.	148612

(C) If the court conducts a hearing as described in division	148613
(A)(2) of this section and if the court does not make both	148614
findings described in divisions (A)(2)(a) and (b) of this section	148615
by clear and convincing evidence, the court shall dismiss the	148616
charges against the accused. Upon the dismissal, the court shall	148617
discharge the accused unless the court or trial counsel files an	148618
affidavit in probate court for civil commitment of the accused	148619
pursuant to Chapter 5122. of the Revised Code. If the court or	148620
trial counsel files an affidavit for civil commitment, the court	148621
may order that the accused be detained for up to ten days pending	148622
the civil commitment. If the probate court commits the accused	148623
subsequent to the court's or trial counsel's filing of an	148624
affidavit for civil commitment, the chief clinical officer of the	148625
entity, hospital, or facility, the managing officer of the	148626
institution, or the person to which the accused is committed or	148627
admitted shall send to the trial counsel the notices described in	148628
divisions (H)(4)(a)(i) to (iii) of section 5924.503 of the Revised	148629
Code within the periods of time and under the circumstances	148630
specified in those divisions. A dismissal of charges under this	148631
division is not a bar to further criminal proceedings based on the	148632
same conduct.	148633

(D)(1) If the court conducts a hearing as described in	148634
division (A)(2) of this section and if the court makes the	148635
findings described in divisions (A)(2)(a) and (b) of this section	148636
by clear and convincing evidence, the court shall commit the	148637
accused, if determined to require mental health treatment, to the	148638
department of ~~mental health~~mental health and addiction services	148639
for treatment at a hospital, facility, or ~~agency~~services provider	148640
as determined clinically appropriate by the department of ~~mental~~	148641
~~health~~mental health and addiction services. In committing the	148642
accused to the department of ~~mental health~~mental health and	148643
addiction services, the court shall specify the least restrictive	148644
limitations on the accused's freedom of movement determined to be	148645
necessary to protect public safety.	148646

(2) If a court makes a commitment of an accused under	148647
division (D)(1) of this section, the trial counsel shall send to	148648
the hospital, facility, or ~~agency~~services provider where the	148649
accused is placed by the department of ~~mental health~~mental health	148650
and addiction services or to the accused's place of commitment all	148651
reports of the accused's current mental condition and, except as	148652
otherwise provided in this division, any other relevant	148653
information, including, but not limited to, a transcript of the	148654
hearing held pursuant to division (A)(2) of this section, copies	148655
of relevant investigative reports, and copies of any prior arrest	148656
and conviction records that pertain to the accused and that the	148657
trial counsel possesses. The trial counsel shall send the reports	148658
of the accused's current mental condition in every case of	148659
commitment, and, unless the trial counsel determines that the	148660
release of any of the other relevant information to unauthorized	148661
persons would interfere with the effective prosecution of any	148662
person or would create a substantial risk of harm to any person,	148663
the trial counsel also shall send the other relevant information.	148664

(3) If a court makes a commitment under division (D)(1) of	148665
this section, all further proceedings shall be in accordance with	148666
Chapter 5122. of the Revised Code.	148667

Sec. 5924.506. (A) If an accused person is found not guilty	148668
by reason of insanity, the verdict shall state that finding, and	148669
the trial court shall conduct a full hearing to determine whether	148670
the person is a mentally ill person subject to hospitalization by	148671
court order. Prior to the hearing, if the military judge believes	148672
that there is probable cause that the person found not guilty by	148673
reason of insanity is a mentally ill person subject to	148674
hospitalization by court order, the military judge may issue a	148675
temporary order of detention for that person to remain in effect	148676
for ten court days or until the hearing, whichever occurs first.	148677

Any person detained pursuant to a temporary order of	148678
detention issued under this division shall be held in a suitable	148679
facility, taking into consideration the place and type of	148680
confinement prior to and during trial.	148681

(B) The court shall hold the hearing under division (A) of	148682
this section to determine whether the person found not guilty by	148683
reason of insanity is a mentally ill person subject to	148684
hospitalization by court order within ten court days after the	148685
finding of not guilty by reason of insanity. Failure to conduct	148686
the hearing within the ten-day period shall cause the immediate	148687
discharge of the respondent, unless the judge grants a continuance	148688
for not longer than ten court days for good cause shown or for any	148689
period of time upon motion of the respondent.	148690

(C) If a person is found not guilty by reason of insanity,	148691
the person has the right to attend a hearing conducted pursuant to	148692
this section. At the hearing, the court shall inform the person	148693
that the person has all of the following rights:	148694

(1) The right to be represented by defense counsel or to	148695
retain civilian counsel, if the person so chooses;	148696

(2) The right to have independent expert evaluation;

148697

(3) The right to subpoena witnesses and documents, to present	148698
evidence on the person's behalf, and to cross-examine witnesses	148699
against the person;	148700

(4) The right to testify in the person's own behalf and to	148701
not be compelled to testify;	148702

(5) The right to have copies of any relevant medical or	148703
mental health document in the custody of the state or of any place	148704
of commitment other than a document for which the court finds that	148705
the release to the person of information contained in the document	148706
would create a substantial risk of harm to any person.	148707

(D) The hearing under division (A) of this section shall be	148708
open to the public, and the court shall conduct the hearing in	148709
accordance with regulations prescribed by the adjutant general.	148710
The court shall make and maintain a full transcript and record of	148711
the hearing proceedings. The court may consider all relevant	148712
evidence, including, but not limited to, any relevant psychiatric,	148713
psychological, or medical testimony or reports, the acts	148714
constituting the offense in relation to which the person was found	148715
not guilty by reason of insanity, and any history of the person	148716
that is relevant to the person's ability to conform to the law.	148717

(E) Upon completion of the hearing under division (A) of this	148718
section, if the court finds there is not clear and convincing	148719
evidence that the person is a mentally ill person subject to	148720
hospitalization by court order, the court shall discharge the	148721
person, unless a detainer has been placed upon the person by the	148722
department of rehabilitation and correction, in which case the	148723
person shall be returned to that department.	148724

(F) If, at the hearing under division (A) of this section,	148725
the court finds by clear and convincing evidence that the person	148726
is a mentally ill person subject to hospitalization by court	148727
order, it shall commit the person to the department of ~~mental~~	148728
~~health~~mental health and addiction services for placement in a	148729
hospital, facility, or ~~agency~~services provider as determined	148730
clinically appropriate by the department of ~~mental health~~mental	148731
health and addiction services. Further proceedings shall be in	148732
accordance with Chapter 5122. or 5123. of the Revised Code. In	148733
committing the accused to the department of ~~mental health~~mental	148734
health and addiction services, the court shall specify the least	148735
restrictive limitations on the accused's freedom of movement	148736
determined to be necessary to protect public safety.	148737

(G) If a court makes a commitment of a person under division	148738
(F) of this section, the trial counsel shall send to the hospital,	148739
facility, or ~~agency~~services provider where the defendant is	148740
placed by the department of ~~mental health~~mental health and	148741
addiction services or to the accused's place of commitment all	148742
reports of the person's current mental condition, and, except as	148743
otherwise provided in this division, any other relevant	148744
information, including, but not limited to, a transcript of the	148745
hearing held pursuant to division (A) of this section, copies of	148746
relevant investigative reports, and copies of any prior arrest and	148747
conviction records that pertain to the person and that the trial	148748
counsel possesses. The trial counsel shall send the reports of the	148749
person's current mental condition in every case of commitment,	148750
and, unless the trial counsel determines that the release of any	148751
of the other relevant information to unauthorized persons would	148752
interfere with the effective prosecution of any person or would	148753
create a substantial risk of harm to any person, the trial counsel	148754
also shall send the other relevant information.	148755

(H) A person who is committed pursuant to this section shall	148756
not voluntarily admit the person or be voluntarily admitted to a	148757
hospital or institution pursuant to sections 5122.02 and 5122.15	148758
of the Revised Code.	148759

Sec. 6109.21. (A) Except as provided in divisions (I) and	148760
(J) of this section, no person shall operate a public water system	148761
in this state without a license issued by the director of	148762
environmental protection.	148763

(B)~~(1)~~ A person who proposes to operate a new public water	148764
system, in addition to complying with section 6109.07 of the	148765
Revised Code and rules adopted under it, shall obtain an initial	148766
license from the director. The person shall submit an application	148767
for the initial license at least forty-five days prior to	148768
commencing the operation of the system.	148769

(C) A license shall expire on the thirtieth day of January in	148770
the year following its issuance.	148771

(D) A license shall be renewed annually. A person proposing	148772
to continue operating a public water system shall apply for a	148773
license renewal at least thirty days prior to the expiration date	148774
of the license.	148775

(E) ~~Through June 30, 2014, each~~Each application for a	148776
license or license renewal shall be accompanied by the appropriate	148777
fee established under division (M) of section 3745.11 of the	148778
Revised Code. However, an applicant for an initial license who is	148779
proposing to operate a new public water system shall submit a fee	148780
that equals a prorated amount of the appropriate fee established	148781
under that division for the remainder of the licensing year.	148782

(F) Not later than thirty days after receiving a completed	148783
application and the appropriate license fee for a license or	148784
license renewal for a public water system, the director shall do	148785
one of the following:	148786

(1) Issue the license or license renewal for the public water	148787
system;	148788

(2) Issue the license or license renewal subject to terms and	148789
conditions that the director determines are necessary to ensure	148790
compliance with this chapter and rules adopted under it;	148791

(3) Deny the license or license renewal if the director finds	148792
that the public water system cannot be operated in substantial	148793
compliance with this chapter and rules adopted under it.	148794

(G) The director may condition, suspend, or revoke a license	148795
or license renewal issued under this section at any time if the	148796
director finds that the public water system was not or will not be	148797
operated in substantial compliance with this chapter and rules	148798
adopted under it.	148799

(H) The director shall adopt rules in accordance with Chapter	148800
119. of the Revised Code establishing procedures and requirements	148801
governing both of the following:	148802

(1) Information to be included on applications for licenses	148803
and license renewals issued under this section;	148804

(2) The issuance, conditioning, suspension, revocation, and	148805
denial of licenses and license renewals under this section.	148806

(I)(1) As used in division (I) of this section, "church"	148807
means a fellowship of believers, congregation, society,	148808
corporation, convention, or association that is formed primarily	148809
or exclusively for religious purposes and that is not formed or	148810
operated for the private profit of any person.	148811

(2) This section does not apply to a church that operates or	148812
maintains a public water system solely to provide water for that	148813
church or for a campground that is owned by the church and	148814
operated primarily or exclusively for members of the church and	148815
their families.	148816

(J) This section does not apply to any public or nonpublic	148817
school that meets minimum standards of the state board of	148818
education that operates or maintains a public water system solely	148819
to provide water for that school.	148820

(K) The environmental protection agency shall collect well	148821
log filing fees on behalf of the division of soil and water	148822
resources in the department of natural resources in accordance	148823
with section 1521.05 of the Revised Code and rules adopted under	148824
it. The fees shall be submitted to the division quarterly as	148825
provided in those rules.	148826

Sec. 6111.037. (A) ~~There is hereby created in the state~~	148827
~~treasury the nonpoint source pollution management fund. The fund~~	148828
~~shall consist of grant moneys received under~~For purposes of state	148829
nonpoint source pollution management and pursuant to section 319	148830
of the "Federal Water Pollution Control Act," ~~for purposes of~~	148831
~~assisting with the development and implementation of a~~	148832
~~comprehensive nonpoint source pollution management program~~	148833
~~pursuant to that section of the act. Moneys credited to the fund~~	148834
~~may be used for purposes of research, planning, water quality~~	148835
~~assessments, demonstration projects, enforcement, technical~~	148836
~~assistance, education, and training regarding management of~~	148837
~~nonpoint sources of water pollution. The~~the director of	148838
environmental protection may enter into agreements to receive	148839
grant moneys for ~~the~~ nonpoint source pollution management ~~fund and~~	148840
for deposit into the state treasury to the credit of the water	148841
quality protection fund created in section 6111.0381 of the	148842
Revised Code. The director may enter into agreements to make	148843
grants of moneys credited to the fund under this section,	148844
including, without limitation, passthrough grants to other state	148845
departments or agencies.	148846

(B) The director shall periodically prepare and, by rules	148847
adopted under division (O) of section 6111.036 of the Revised	148848
Code, establish a priority system for identifying activities	148849
eligible for assistance under this section. The priority system	148850
shall ensure that financial assistance available under this	148851
section is first provided to:	148852

(1) Control particularly difficult or serious nonpoint source	148853
pollution problems, including, without limitation, problems	148854
resulting from mining activities;	148855

(2) Implement innovative methods or practices for controlling	148856
nonpoint sources of pollution, including, without limitation,	148857
regulatory programs that the director determines are appropriate;	148858

(3) Control interstate nonpoint source pollution problems;

148859

(4) Implement ground and surface water quality protection	148860
activities that the director determines are part of a	148861
comprehensive nonpoint source pollution control program, which	148862
activities include research, planning, ~~ground~~ water quality	148863
assessments, demonstration programs, enforcement, technical	148864
assistance, education, and training to protect ~~ground~~ water	148865
quality from nonpoint sources of pollution.	148866

Section 101.02. That existing sections 9.03, 9.15, 9.231,	148867
9.239, 9.24, 9.833, 9.90, 9.901, 101.39, 101.391, 102.02, 103.144,	148868
103.63, 107.033, 107.12, 109.06, 109.36, 109.57, 109.572, 109.71,	148869
109.746, 109.77, 109.85, 109.86, 109.90, 109.91, 111.02, 111.15,	148870
111.28, 113.02, 113.061, 117.03, 117.10, 117.20, 119.01, 120.06,	148871
121.02, 121.03, 121.22, 121.35, 121.37, 121.372, 122.075, 122.083,	148872
122.17, 122.171, 122.175, 122.28, 122.30, 122.31, 122.32, 122.33,	148873
122.34, 122.35, 122.36, 122.58, 122.657, 122.658, 122.66, 122.67,	148874
122.68, 122.69, 122.70, 122.701, 122.76, 122.861, 123.01, 123.10,	148875
123.11, 123.201, 123.21, 123.27, 124.11, 124.14, 124.18, 124.30,	148876
124.341, 124.381, 124.57, 124.84, 125.05, 125.21, 125.212, 125.28,	148877
125.602, 125.603, 125.832, 125.836, 126.07, 126.14, 126.32,	148878
126.35, 126.45, 126.46, 126.47, 126.48, 127.14, 127.16, 131.51,	148879
133.01, 133.06, 135.22, 135.61, 135.71, 135.80, 135.81, 135.85,	148880
140.01, 140.03, 140.05, 145.01, 145.012, 145.037, 145.038, 145.22,	148881
149.01, 149.12, 149.311, 149.43, 149.431, 149.54, 151.11, 152.09,	148882
153.692, 154.01, 154.17, 154.20, 154.22, 154.23, 154.25, 156.02,	148883
156.03, 156.04, 156.05, 166.02, 166.03, 166.04, 166.08, 166.25,	148884
167.03, 169.02, 169.05, 169.07, 169.08, 171.05, 173.03, 173.14,	148885
173.17, 173.19, 173.20, 173.21, 173.23, 173.25, 173.26, 173.27,	148886
173.28, 173.39, 173.391, 173.392, 173.394, 173.40, 173.401,	148887
173.402, 173.403, 173.404, 173.42, 173.43, 173.431, 173.432,	148888
173.434, 173.45, 173.47, 173.48, 173.50, 173.501, 173.99, 183.16,	148889
183.33, 187.10, 191.01, 191.02, 191.04, 191.06, 301.28, 305.23,	148890
307.07, 307.515, 307.673, 307.674, 307.696, 307.697, 307.86,	148891
309.09, 317.06, 317.08, 317.32, 317.321, 317.36, 319.302, 321.35,	148892
321.44, 323.151, 323.152, 323.153, 329.04, 329.051, 329.06,	148893
329.14, 333.01, 333.02, 333.03, 333.04, 333.05, 339.02, 339.05,	148894
339.06, 339.07, 340.01, 340.011, 340.02, 340.021, 340.03, 340.031,	148895
340.032, 340.04, 340.05, 340.07, 340.09, 340.091, 340.10, 340.11,	148896
340.12, 340.13, 340.15, 340.16, 341.192, 349.01, 349.04, 351.021,	148897
715.013, 715.691, 721.01, 721.03, 731.091, 737.41, 742.14, 755.06,	148898
901.21, 901.22, 901.23, 903.11, 903.99, 905.06, 909.15, 924.02,	148899
924.06, 927.54, 935.01, 935.03, 935.041, 935.07, 935.12, 955.01,	148900
955.05, 955.06, 955.07, 955.08, 955.09, 955.12, 955.14, 955.201,	148901
956.07, 956.18, 959.131, 959.132, 959.99, 991.03, 991.04, 991.06,	148902
1309.521, 1332.26, 1337.11, 1347.08, 1501.011, 1501.45, 1506.21,	148903
1506.30, 1509.01, 1509.02, 1509.062, 1509.10, 1509.11, 1509.22,	148904
1509.226, 1509.50, 1511.02, 1511.022, 1531.06, 1531.17, 1545.071,	148905
1547.542, 1547.99, 1548.02, 1551.33, 1551.35, 1555.15, 1701.86,	148906
1701.922, 1703.29, 1711.07, 1721.10, 1724.02, 1724.03, 1739.061,	148907
1751.01, 1751.11, 1751.12, 1751.14, 1751.271, 1751.31, 1751.60,	148908
1923.14, 2101.24, 2108.05, 2113.041, 2113.06, 2117.061, 2117.25,	148909
2133.01, 2133.25, 2151.011, 2151.3514, 2151.362, 2151.83, 2151.86,	148910
2152.54, 2152.59, 2303.201, 2305.234, 2307.65, 2317.02, 2317.422,	148911
2317.56, 2505.02, 2743.48, 2744.05, 2901.13, 2901.30, 2903.13,	148912
2903.33, 2907.22, 2913.01, 2913.40, 2913.401, 2919.271, 2921.01,	148913
2921.22, 2921.36, 2921.38, 2923.125, 2923.126, 2925.03, 2929.13,	148914
2929.15, 2929.18, 2930.01, 2935.03, 2935.33, 2945.37, 2945.371,	148915
2945.38, 2945.39, 2945.40, 2945.401, 2951.041, 2967.22, 2981.01,	148916
2981.12, 2981.13, 3101.051, 3107.083, 3109.15, 3111.04, 3111.72,	148917
3119.29, 3119.54, 3121.441, 3121.89, 3121.891, 3121.892, 3121.893,	148918
3121.898, 3123.958, 3125.18, 3125.36, 3301.07, 3301.0711,	148919
3301.0712, 3301.0714, 3301.0715, 3301.0723, 3301.0725, 3301.15,	148920
3301.16, 3302.01, 3302.03, 3302.20, 3302.21, 3302.22, 3303.41,	148921
3304.11, 3304.12, 3304.13, 3304.14, 3304.15, 3304.16, 3304.17,	148922
3304.18, 3304.181, 3304.182, 3304.19, 3304.20, 3304.21, 3304.22,	148923
3304.23, 3304.231, 3304.25, 3304.27, 3304.28, 3304.41, 3305.03,	148924
3307.51, 3309.21, 3310.01, 3310.02, 3310.03, 3310.05, 3310.06,	148925
3310.08, 3310.14, 3310.52, 3310.522, 3310.56, 3311.0510, 3311.19,	148926
3311.22, 3311.231, 3311.38, 3311.78, 3311.83, 3311.86, 3312.08,	148927
3313.372, 3313.376, 3313.48, 3313.483, 3313.484, 3313.488,	148928
3313.4810, 3313.533, 3313.537, 3313.539, 3313.60, 3313.603,	148929
3313.6013, 3313.6016, 3313.612, 3313.615, 3313.62, 3313.64,	148930
3313.646, 3313.65, 3313.714, 3313.715, 3313.82, 3313.83, 3313.841,	148931
3313.843, 3313.844, 3313.845, 3313.847, 3313.88, 3313.911,	148932
3313.976, 3313.978, 3313.98, 3313.981, 3314.015, 3314.017,	148933
3314.027, 3314.029, 3314.03, 3314.05, 3314.06, 3314.072, 3314.074,	148934
3314.08, 3314.083, 3314.084, 3314.087, 3314.091, 3314.11, 3314.26,	148935
3314.35, 3315.07, 3315.33, 3315.40, 3315.42, 3316.041, 3316.06,	148936
3317.01, 3317.013, 3317.021, 3317.023, 3317.0212, 3317.03,	148937
3317.032, 3317.05, 3317.06, 3317.063, 3317.08, 3317.10, 3317.14,	148938
3317.141, 3317.18, 3317.19, 3317.20, 3317.201, 3317.50, 3317.51,	148939
3318.011, 3318.031, 3318.08, 3318.31, 3318.36, 3318.363, 3319.07,	148940
3319.073, 3319.112, 3319.17, 3319.22, 3319.235, 3319.57, 3319.58,	148941
3321.01, 3321.04, 3321.05, 3321.13, 3321.14, 3321.15, 3323.021,	148942
3323.03, 3323.04, 3323.07, 3323.08, 3323.09, 3323.091, 3323.13,	148943
3323.14, 3323.141, 3323.142, 3326.07, 3326.08, 3326.11, 3326.31,	148944
3326.32, 3326.33, 3326.34, 3326.38, 3326.45, 3327.01, 3327.02,	148945
3327.10, 3333.041, 3333.73, 3333.81, 3333.82, 3333.84, 3333.90,	148946
3335.35, 3335.36, 3335.37, 3335.38, 3345.05, 3345.06, 3345.12,	148947
3353.01, 3353.02, 3353.03, 3353.04, 3353.06, 3353.07, 3365.01,	148948
3365.02, 3365.021, 3365.07, 3365.12, 3383.01, 3383.07, 3501.01,	148949
3517.01, 3517.10, 3517.101, 3517.102, 3517.103, 3517.104,	148950
3517.153, 3517.154, 3517.155, 3517.20, 3517.992, 3599.03, 3599.45,	148951
3701.023, 3701.024, 3701.027, 3701.041, 3701.13, 3701.243,	148952
3701.261, 3701.262, 3701.264, 3701.342, 3701.344, 3701.507,	148953
3701.74, 3701.741, 3701.742, 3701.78, 3701.83, 3701.881, 3701.921,	148954
3701.922, 3701.99, 3702.30, 3702.51, 3702.521, 3702.55, 3702.62,	148955
3702.74, 3702.91, 3704.144, 3706.01, 3707.511, 3709.01, 3709.051,	148956
3709.10, 3712.051, 3712.07, 3712.09, 3713.06, 3714.03, 3714.07,	148957
3717.08, 3718.06, 3719.61, 3721.01, 3721.011, 3721.02, 3721.022,	148958
3721.024, 3721.027, 3721.042, 3721.071, 3721.08, 3721.10, 3721.12,	148959
3721.121, 3721.13, 3721.14, 3721.15, 3721.16, 3721.17, 3721.19,	148960
3721.50, 3721.51, 3721.511, 3721.512, 3721.513, 3721.52, 3721.53,	148961
3721.531, 3721.532, 3721.533, 3721.54, 3721.541, 3721.55, 3721.56,	148962
3721.57, 3721.58, 3727.01, 3734.01, 3734.02, 3734.28, 3734.57,	148963
3734.901, 3734.907, 3735.58, 3737.02, 3737.83, 3737.841, 3737.88,	148964
3737.882, 3737.883, 3742.30, 3742.31, 3742.32, 3742.51, 3745.11,	148965
3745.113, 3745.72, 3748.01, 3748.04, 3769.08, 3769.087, 3769.088,	148966
3769.089, 3769.10, 3769.26, 3769.28, 3770.02, 3770.06, 3772.062,	148967
3772.24, 3781.112, 3793.01, 3793.031, 3793.032, 3793.051, 3793.10,	148968
3793.11, 3793.12, 3793.13, 3793.14, 3793.15, 3793.16, 3793.18,	148969
3793.22, 3793.31, 3793.32, 3793.33, 3793.34, 3793.35, 3793.36,	148970
3793.37, 3793.38, 3793.39, 3795.01, 3798.01, 3798.10, 3798.13,	148971
3798.14, 3798.15, 3798.16, 3901.3814, 3903.14, 3905.40, 3905.483,	148972
3905.862, 3916.06, 3923.24, 3923.241, 3923.281, 3923.443, 3923.49,	148973
3923.50, 3923.601, 3923.83, 3924.41, 3924.42, 3963.01, 3963.04,	148974
4104.33, 4112.02, 4112.12, 4112.31, 4115.034, 4115.32, 4117.06,	148975
4117.14, 4117.15, 4121.44, 4121.441, 4121.50, 4121.69, 4123.32,	148976
4123.35, 4123.41, 4123.57, 4123.93, 4131.03, 4141.162, 4301.01,	148977
4301.10, 4301.30, 4301.421, 4301.43, 4301.62, 4303.181, 4303.29,	148978
4305.131, 4501.01, 4501.21, 4503.03, 4503.064, 4503.065, 4503.066,	148979
4503.44, 4503.62, 4505.02, 4505.09, 4506.07, 4507.06, 4507.51,	148980
4510.038, 4510.45, 4511.19, 4511.191, 4511.21, 4511.69, 4511.85,	148981
4513.34, 4701.03, 4707.02, 4707.073, 4707.10, 4709.11, 4713.08,	148982
4713.44, 4715.22, 4715.36, 4715.372, 4717.03, 4717.06, 4717.07,	148983
4717.10, 4717.14, 4717.15, 4719.01, 4723.18, 4723.35, 4723.481,	148984
4725.03, 4725.16, 4729.69, 4729.80, 4729.81, 4730.411, 4731.05,	148985
4731.151, 4731.22, 4731.23, 4731.65, 4731.71, 4732.06, 4732.07,	148986
4732.08, 4734.41, 4735.07, 4735.09, 4735.10, 4735.142, 4735.56,	148987
4742.01, 4751.01, 4751.02, 4751.03, 4751.04, 4751.041, 4751.05,	148988
4751.06, 4751.07, 4751.08, 4751.10, 4751.11, 4751.12, 4751.13,	148989
4753.071, 4755.11, 4755.47, 4755.481, 4755.64, 4758.10, 4758.11,	148990
4761.01, 4776.01, 4778.02, 4778.03, 4781.28, 4906.20, 4955.32,	148991
4955.321, 4955.34, 4955.44, 4955.47, 4999.04, 5101.01, 5101.11,	148992
5101.141, 5101.16, 5101.162, 5101.18, 5101.181, 5101.183,	148993
5101.184, 5101.26, 5101.271, 5101.272, 5101.273, 5101.30, 5101.31,	148994
5101.34, 5101.35, 5101.36, 5101.46, 5101.461, 5101.47, 5101.49,	148995
5101.50, 5101.501, 5101.502, 5101.51, 5101.511, 5101.512,	148996
5101.513, 5101.516, 5101.517, 5101.519, 5101.5110, 5101.52,	148997
5101.521, 5101.522, 5101.524, 5101.527, 5101.571, 5101.572,	148998
5101.573, 5101.574, 5101.575, 5101.58, 5101.59, 5101.591, 5101.60,	148999
5101.61, 5101.80, 5101.801, 5101.803, 5103.02, 5103.0323, 5103.13,	149000
5103.42, 5104.012, 5104.013, 5104.02, 5104.021, 5104.03, 5104.08,	149001
5104.11, 5104.12, 5104.32, 5107.10, 5107.14, 5107.16, 5107.20,	149002
5107.24, 5107.26, 5107.42, 5107.64, 5111.01, 5111.011, 5111.013,	149003
5111.016, 5111.018, 5111.0112, 5111.0114, 5111.0116, 5111.0117,	149004
5111.0118, 5111.0119, 5111.0124, 5111.0125, 5111.02, 5111.021,	149005
5111.022, 5111.023, 5111.024, 5111.025, 5111.027, 5111.028,	149006
5111.029, 5111.0210, 5111.0211, 5111.0212, 5111.0213, 5111.0214,	149007
5111.0215, 5111.03, 5111.031, 5111.032, 5111.033, 5111.034,	149008
5111.035, 5111.04, 5111.042, 5111.05, 5111.051, 5111.052,	149009
5111.053, 5111.054, 5111.06, 5111.061, 5111.062, 5111.063,	149010
5111.07, 5111.071, 5111.08, 5111.081, 5111.082, 5111.083,	149011
5111.084, 5111.085, 5111.086, 5111.09, 5111.091, 5111.092,	149012
5111.10, 5111.101, 5111.102, 5111.11, 5111.111, 5111.112,	149013
5111.113, 5111.114, 5111.12, 5111.121, 5111.13, 5111.14, 5111.141,	149014
5111.15, 5111.151, 5111.16, 5111.161, 5111.162, 5111.163, 5111.17,	149015
5111.171, 5111.172, 5111.173, 5111.174, 5111.175, 5111.177,	149016
5111.178, 5111.179, 5111.1710, 5111.1711, 5111.18, 5111.181,	149017
5111.19, 5111.191, 5111.20, 5111.201, 5111.202, 5111.203,	149018
5111.204, 5111.21, 5111.212, 5111.22, 5111.221, 5111.222,	149019
5111.223, 5111.224, 5111.225, 5111.226, 5111.23, 5111.231,	149020
5111.232, 5111.233, 5111.235, 5111.24, 5111.241, 5111.242,	149021
5111.244, 5111.245, 5111.246, 5111.25, 5111.251, 5111.254,	149022
5111.255, 5111.257, 5111.258, 5111.259, 5111.26, 5111.261,	149023
5111.262, 5111.263, 5111.264, 5111.265, 5111.266, 5111.27,	149024
5111.271, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31, 5111.32,	149025
5111.33, 5111.331, 5111.35, 5111.36, 5111.37, 5111.38, 5111.39,	149026
5111.40, 5111.41, 5111.411, 5111.42, 5111.43, 5111.44, 5111.45,	149027
5111.46, 5111.47, 5111.48, 5111.49, 5111.50, 5111.51, 5111.511,	149028
5111.52, 5111.53, 5111.54, 5111.55, 5111.56, 5111.57, 5111.58,	149029
5111.59, 5111.60, 5111.61, 5111.62, 5111.63, 5111.66, 5111.661,	149030
5111.67, 5111.671, 5111.672, 5111.673, 5111.674, 5111.675,	149031
5111.676, 5111.677, 5111.68, 5111.681, 5111.682, 5111.683,	149032
5111.684, 5111.685, 5111.686, 5111.687, 5111.688, 5111.689,	149033
5111.70, 5111.701, 5111.702, 5111.703, 5111.704, 5111.705,	149034
5111.706, 5111.707, 5111.708, 5111.709, 5111.7011, 5111.71,	149035
5111.711, 5111.712, 5111.713, 5111.714, 5111.715, 5111.83,	149036
5111.84, 5111.85, 5111.851, 5111.852, 5111.853, 5111.854,	149037
5111.855, 5111.856, 5111.86, 5111.861, 5111.862, 5111.863,	149038
5111.864, 5111.865, 5111.87, 5111.871, 5111.872, 5111.873,	149039
5111.874, 5111.875, 5111.876, 5111.877, 5111.878, 5111.879,	149040
5111.88, 5111.881, 5111.882, 5111.883, 5111.884, 5111.885,	149041
5111.886, 5111.887, 5111.888, 5111.889, 5111.8810, 5111.89,	149042
5111.891, 5111.892, 5111.893, 5111.894, 5111.90, 5111.91,	149043
5111.911, 5111.912, 5111.914, 5111.915, 5111.92, 5111.93, 5111.94,	149044
5111.941, 5111.943, 5111.944, 5111.945, 5111.96, 5111.97, 5111.98,	149045
5111.981, 5111.982, 5111.99, 5112.01, 5112.03, 5112.04, 5112.05,	149046
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.17,	149047
5112.18, 5112.19, 5112.21, 5112.30, 5112.31, 5112.32, 5112.33,	149048
5112.331, 5112.34, 5112.341, 5112.35, 5112.37, 5112.371, 5112.38,	149049
5112.39, 5112.40, 5112.41, 5112.42, 5112.43, 5112.44, 5112.45,	149050
5112.46, 5112.47, 5112.48, 5112.99, 5112.991, 5115.20, 5117.10,	149051
5119.01, 5119.012, 5119.02, 5119.04, 5119.06, 5119.061, 5119.07,	149052
5119.071, 5119.072, 5119.08, 5119.10, 5119.101, 5119.11, 5119.12,	149053
5119.14, 5119.16, 5119.161, 5119.17, 5119.18, 5119.20, 5119.201,	149054
5119.202, 5119.21, 5119.22, 5119.221, 5119.23, 5119.24, 5119.27,	149055
5119.30, 5119.33, 5119.34, 5119.35, 5119.351, 5119.36, 5119.42,	149056
5119.43, 5119.44, 5119.46, 5119.50, 5119.51, 5119.52, 5119.53,	149057
5119.57, 5119.60, 5119.61, 5119.611, 5119.612, 5119.613, 5119.62,	149058
5119.621, 5119.622, 5119.63, 5119.631, 5119.69, 5119.691, 5119.99,	149059
5120.07, 5120.09, 5120.135, 5120.17, 5120.171, 5120.652, 5120.654,	149060
5121.051, 5121.30, 5121.32, 5121.33, 5121.34, 5121.35, 5121.36,	149061
5121.37, 5121.38, 5121.40, 5121.42, 5121.43, 5121.44, 5121.45,	149062
5121.46, 5121.47, 5121.49, 5121.50, 5121.51, 5121.52, 5121.55,	149063
5122.01, 5122.03, 5122.10, 5122.11, 5122.12, 5122.13, 5122.15,	149064
5122.17, 5122.18, 5122.19, 5122.20, 5122.21, 5122.23, 5122.25,	149065
5122.26, 5122.27, 5122.271, 5122.31, 5122.311, 5122.32, 5122.33,	149066
5122.34, 5122.341, 5122.39, 5122.43, 5122.44, 5122.45, 5122.46,	149067
5122.47, 5123.01, 5123.021, 5123.022, 5123.03, 5123.0412,	149068
5123.0417, 5123.09, 5123.171, 5123.19, 5123.192, 5123.197,	149069
5123.198, 5123.38, 5123.61, 5123.86, 5126.01, 5126.026, 5126.043,	149070
5126.05, 5126.051, 5126.054, 5126.055, 5139.03, 5139.04, 5139.08,	149071
5139.34, 5145.162, 5145.18, 5149.22, 5153.16, 5302.221, 5309.082,	149072
5309.68, 5309.86, 5501.311, 5501.312, 5501.73, 5502.011, 5505.12,	149073
5507.01, 5507.02, 5507.021, 5507.022, 5507.03, 5507.06, 5507.07,	149074
5507.08, 5507.09, 5507.12, 5507.15, 5507.18, 5507.22, 5507.25,	149075
5507.26, 5507.27, 5507.32, 5507.34, 5507.40, 5507.42, 5507.44,	149076
5507.46, 5507.52, 5507.53, 5507.54, 5507.55, 5507.57, 5507.571,	149077
5507.60, 5507.63, 5507.99, 5511.03, 5515.08, 5540.03, 5701.13,	149078
5703.052, 5703.053, 5703.059, 5703.19, 5703.21, 5703.37, 5703.50,	149079
5703.70, 5703.82, 5705.01, 5705.10, 5705.19, 5705.192, 5705.21,	149080
5705.217, 5705.218, 5705.221, 5705.25, 5709.17, 5709.40, 5709.73,	149081
5709.75, 5709.78, 5725.18, 5725.33, 5725.34, 5726.20, 5726.52,	149082
5726.54, 5727.26, 5727.75, 5727.84, 5727.89, 5728.10, 5729.03,	149083
5729.04, 5729.16, 5729.17, 5731.39, 5733.01, 5733.06, 5733.11,	149084
5733.55, 5733.58, 5733.98, 5735.012, 5735.12, 5735.27, 5735.34,	149085
5739.01, 5739.02, 5739.026, 5739.09, 5739.10, 5739.13, 5739.212,	149086
5741.01, 5741.02, 5741.03, 5741.17, 5743.01, 5743.024, 5743.081,	149087
5743.15, 5743.323, 5743.51, 5743.56, 5743.62, 5743.63, 5745.12,	149088
5747.01, 5747.02, 5747.022, 5747.025, 5747.05, 5747.08, 5747.10,	149089
5747.11, 5747.113, 5747.122, 5747.13, 5747.21, 5747.22, 5747.47,	149090
5747.501, 5747.76, 5747.98, 5748.01, 5749.02, 5749.06, 5749.07,	149091
5749.17, 5751.01, 5751.014, 5751.02, 5751.03, 5751.051, 5751.07,	149092
5751.081, 5751.09, 5751.20, 5751.21, 5753.03, 5753.07, 5815.28,	149093
5902.02, 5905.02, 5910.02, 5910.07, 5919.34, 5924.502, 5924.503,	149094
5924.504, 5924.506, 6109.21, and 6111.037 of the Revised Code are	149095
hereby repealed.	149096

Section 105.01. That sections 122.076, 122.15, 122.151,	149097
122.152, 122.153, 122.154, 122.29, 122.97, 123.23, 125.837,	149098
125.838, 149.51, 149.55, 166.22, 166.28, 173.425, 173.433,	149099
183.11, 183.28, 184.04, 340.022, 340.033, 340.06, 340.14,	149100
1513.371, 1531.34, 1547.721, 1547.722, 1547.723, 1547.724,	149101
1547.725, 1547.726, 3302.043, 3304.24, 3304.26, 3304.38,	149102
3313.481, 3313.482, 3313.4811, 3314.088, 3314.13, 3317.012,	149103
3317.014, 3317.018, 3317.02, 3317.022, 3317.029, 3317.0217,	149104
3317.051, 3317.052, 3317.053, 3317.11, 3317.16, 3317.62,	149105
3317.63, 3317.64, 3318.023, 3323.16, 3326.39, 3345.81, 3353.09,	149106
3353.15, 3353.20, 3383.02, 3383.03, 3383.04, 3383.05, 3383.06,	149107
3383.08, 3383.09, 3517.1010, 3701.072, 3701.263, 3701.343,	149108
3701.90, 3701.901, 3701.902, 3701.903, 3701.904, 3701.905,	149109
3701.906, 3701.907, 3721.026, 3793.02, 3793.03, 3793.04,	149110
3793.041, 3793.05, 3793.06, 3793.061, 3793.08, 3793.09,	149111
3793.19, 3793.20, 3793.21, 3793.99, 5101.503, 5101.514,	149112
5101.515, 5101.518, 5101.523, 5101.525, 5101.526, 5101.528,	149113
5101.529, 5111.012, 5111.014, 5111.015, 5111.0110, 5111.0111,	149114
5111.0113, 5111.0115, 5111.0120, 5111.0121, 5111.0122,	149115
5111.0123, 5111.176, 5111.211, 5111.236, 5111.65, 5111.8710,	149116
5111.8811, 5111.913, 5111.942, 5111.946, 5119.011, 5119.013,	149117
5119.03, 5119.05, 5119.47, 5119.623, 5119.64, 5119.65, 5119.66,	149118
5119.67, 5119.68, 5507.65, 5507.66, 5707.05, 5727.41, 5733.35,	149119
5747.211, 5747.33, 5751.031, 6101.451, and 6111.029 of the Revised	149120
Code are hereby repealed.	149121

Section 110.10. That section 3313.88 of the Revised Code as	149122
it results from Section 101.01 of this act be amended and	149123
recodified as section 3313.482 of the Revised Code to read as	149124
follows:	149125

~~Sec. 3313.88.~~ Sec. 3313.482. (A)(1) Prior to the first day of	149126
August of each school year, the board of education of any school	149127
district or the governing authority of any chartered nonpublic	149128
school may submit to the department of education a plan to require	149129
students to access and complete classroom lessons posted on the	149130
district's or nonpublic school's web portal or web site in order	149131
to make up ~~days~~hours in that school year on which it is	149132
necessary to close schools for ~~any of the reasons specified in~~	149133
~~division (B) of section 3317.01 of the Revised Code in excess of~~	149134
~~the number of days permitted under sections 3313.48, 3313.481, and~~	149135
~~3317.01 of the Revised Code~~disease epidemic, hazardous weather	149136
conditions, law enforcement emergencies, inoperability of school	149137
buses or other equipment necessary to the school's operation,	149138
damage to a school building, or other temporary circumstances due	149139
to utility failure rendering the school building unfit for school	149140
use.	149141

Prior to the first day of August of each school year, the	149142
governing authority of any community school established under	149143
Chapter 3314. that is not an internet- or computer-based community	149144
school, as defined in section 3314.02 of the Revised Code, may	149145
submit to the department a plan to require students to access and	149146
complete classroom lessons posted on the school's web portal or	149147
web site in order to make up ~~days or~~ hours in that school year on	149148
which it is necessary to close the school for any of the reasons	149149
specified in division (H)(4) of section 3314.08 of the Revised	149150
Code so that the school is in compliance with the minimum number	149151
of hours required under Chapter 3314. of the Revised Code.	149152

A plan submitted by a school district board or, chartered	149153
nonpublic school governing authority ~~shall provide for making up~~	149154
~~any number of days, up to a maximum of three days. A plan~~	149155
~~submitted by a~~, or community school governing authority shall	149156
provide for making up any number of hours, up to a maximum of the	149157
number of hours that are the equivalent of three school days.	149158
Provided the plan meets all requirements of this section, the	149159
department shall permit the board or governing authority to	149160
implement the plan for the applicable school year.	149161

(2) Each plan submitted under this section by a school	149162
district board of education shall include the written consent of	149163
the teachers' employee representative designated under division	149164
(B) of section 4117.04 of the Revised Code.	149165

(3) Each plan submitted under this section shall provide for	149166
the following:	149167

(a) Not later than the first day of November of the school	149168
year, each classroom teacher shall develop a sufficient number of	149169
lessons for each course taught by the teacher that school year to	149170
cover the number of make-up ~~days or~~ hours specified in the plan.	149171
The teacher shall designate the order in which the lessons are to	149172
be posted on the district's, community school's, or nonpublic	149173
school's web portal or web site in the event of a school closure.	149174
Teachers may be granted up to one professional development day to	149175
create lesson plans for those lessons.	149176

(b) To the extent possible and necessary, a classroom teacher	149177
shall update or replace, based on current instructional progress,	149178
one or more of the lesson plans developed under division (A)(3)(a)	149179
of this section before they are posted on the web portal or web	149180
site under division (A)(3)(c) of this section or distributed under	149181
division (B) of this section.	149182

(c) As soon as practicable after a school closure, a district	149183
or school employee responsible for web portal or web site	149184
operations shall make the designated lessons available to students	149185
on the district's, community school's, or nonpublic school's	149186
portal or site. A lesson shall be posted for each course that was	149187
scheduled to meet on the day or hours of the closure.	149188

(d) Each student enrolled in a course for which a lesson is	149189
posted on the portal or site shall be granted a two-week period	149190
from the date of posting to complete the lesson. The student's	149191
classroom teacher shall grade the lesson in the same manner as	149192
other lessons. The student may receive an incomplete or failing	149193
grade if the lesson is not completed on time.	149194

(e) If a student does not have access to a computer at the	149195
student's residence and the plan does not include blizzard bags	149196
under division (B) of this section, the student shall be permitted	149197
to work on the posted lessons at school after the student's school	149198
reopens. If the lessons were posted prior to the reopening, the	149199
student shall be granted a two-week period from the date of the	149200
reopening, rather than from the date of posting as otherwise	149201
required under division (A)(3)(d) of this section, to complete the	149202
lessons. The district board or community school or nonpublic	149203
school governing authority may provide the student access to a	149204
computer before, during, or after the regularly scheduled school	149205
day or may provide a substantially similar paper lesson in order	149206
to complete the lessons.	149207

(B)(1) In addition to posting classroom lessons online under	149208
division (A) of this section, the board of education of any school	149209
district or governing authority of any community or chartered	149210
nonpublic school may include in the plan distribution of "blizzard	149211
bags," which are paper copies of the lessons posted online.	149212

(2) If a school opts to use blizzard bags, teachers shall	149213
prepare paper copies in conjunction with the lessons to be posted	149214
online and update the paper copies whenever the teacher updates	149215
the online lesson plans.	149216

(3) The board of education of any school district or	149217
governing authority of any community or chartered nonpublic school	149218
that opts to use blizzard bags shall specify in the plan the	149219
method of distribution of blizzard bag lessons, which may include,	149220
but not be limited to, requiring distribution by a specific	149221
deadline or requiring distribution prior to anticipated school	149222
closure as directed by the superintendent of a school district or	149223
the principal, director, chief administrative officer, or the	149224
equivalent, of a school.	149225

(4) Students shall turn in completed lessons in accordance	149226
with division (A)(3)(d) of this section.	149227

(C)(1) No school district that implements a plan in	149228
accordance with this section shall be considered to have failed to	149229
comply with division (B) of section 3317.01 of the Revised Code	149230
with respect to the number of make-up ~~days~~hours specified in the	149231
plan.	149232

(2) No community school that implements a plan in accordance	149233
with this section shall be considered to have failed to comply	149234
with the minimum number of hours required under Chapter 3314. of	149235
the Revised Code with respect to the number of make-up hours	149236
specified in the plan.	149237

Section 110.11. That existing section 3313.88 of the Revised	149238
Code is hereby repealed.	149239

Section 110.12. Sections 110.10 and 110.11 of this act shall	149240
take effect July 1, 2014.	149241

Section 110.20. That the versions of sections 109.57,	149242
2151.011, 2923.126, 5104.012, 5104.013, 5104.03, 5104.08, and	149243
5104.32 of the Revised Code that are scheduled to take effect	149244
January 1, 2014, be amended to read as follows:	149245

Sec. 109.57. (A)(1) The superintendent of the bureau of	149246
criminal identification and investigation shall procure from	149247
wherever procurable and file for record photographs, pictures,	149248
descriptions, fingerprints, measurements, and other information	149249
that may be pertinent of all persons who have been convicted of	149250
committing within this state a felony, any crime constituting a	149251
misdemeanor on the first offense and a felony on subsequent	149252
offenses, or any misdemeanor described in division (A)(1)(a),	149253
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	149254
all children under eighteen years of age who have been adjudicated	149255
delinquent children for committing within this state an act that	149256
would be a felony or an offense of violence if committed by an	149257
adult or who have been convicted of or pleaded guilty to	149258
committing within this state a felony or an offense of violence,	149259
and of all well-known and habitual criminals. The person in charge	149260
of any county, multicounty, municipal, municipal-county, or	149261
multicounty-municipal jail or workhouse, community-based	149262
correctional facility, halfway house, alternative residential	149263
facility, or state correctional institution and the person in	149264
charge of any state institution having custody of a person	149265
suspected of having committed a felony, any crime constituting a	149266
misdemeanor on the first offense and a felony on subsequent	149267
offenses, or any misdemeanor described in division (A)(1)(a),	149268
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	149269
having custody of a child under eighteen years of age with respect	149270
to whom there is probable cause to believe that the child may have	149271
committed an act that would be a felony or an offense of violence	149272
if committed by an adult shall furnish such material to the	149273
superintendent of the bureau. Fingerprints, photographs, or other	149274
descriptive information of a child who is under eighteen years of	149275
age, has not been arrested or otherwise taken into custody for	149276
committing an act that would be a felony or an offense of violence	149277
who is not in any other category of child specified in this	149278
division, if committed by an adult, has not been adjudicated a	149279
delinquent child for committing an act that would be a felony or	149280
an offense of violence if committed by an adult, has not been	149281
convicted of or pleaded guilty to committing a felony or an	149282
offense of violence, and is not a child with respect to whom there	149283
is probable cause to believe that the child may have committed an	149284
act that would be a felony or an offense of violence if committed	149285
by an adult shall not be procured by the superintendent or	149286
furnished by any person in charge of any county, multicounty,	149287
municipal, municipal-county, or multicounty-municipal jail or	149288
workhouse, community-based correctional facility, halfway house,	149289
alternative residential facility, or state correctional	149290
institution, except as authorized in section 2151.313 of the	149291
Revised Code.	149292

(2) Every clerk of a court of record in this state, other	149293
than the supreme court or a court of appeals, shall send to the	149294
superintendent of the bureau a weekly report containing a summary	149295
of each case involving a felony, involving any crime constituting	149296
a misdemeanor on the first offense and a felony on subsequent	149297
offenses, involving a misdemeanor described in division (A)(1)(a),	149298
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	149299
involving an adjudication in a case in which a child under	149300
eighteen years of age was alleged to be a delinquent child for	149301
committing an act that would be a felony or an offense of violence	149302
if committed by an adult. The clerk of the court of common pleas	149303
shall include in the report and summary the clerk sends under this	149304
division all information described in divisions (A)(2)(a) to (f)	149305
of this section regarding a case before the court of appeals that	149306
is served by that clerk. The summary shall be written on the	149307
standard forms furnished by the superintendent pursuant to	149308
division (B) of this section and shall include the following	149309
information:	149310

(a) The incident tracking number contained on the standard	149311
forms furnished by the superintendent pursuant to division (B) of	149312
this section;	149313

(b) The style and number of the case;

149314

149315

(d) The date that the person was convicted of or pleaded	149316
guilty to the offense, adjudicated a delinquent child for	149317
committing the act that would be a felony or an offense of	149318
violence if committed by an adult, found not guilty of the	149319
offense, or found not to be a delinquent child for committing an	149320
act that would be a felony or an offense of violence if committed	149321
by an adult, the date of an entry dismissing the charge, an entry	149322
declaring a mistrial of the offense in which the person is	149323
discharged, an entry finding that the person or child is not	149324
competent to stand trial, or an entry of a nolle prosequi, or the	149325
date of any other determination that constitutes final resolution	149326
of the case;	149327

(e) A statement of the original charge with the section of	149328
the Revised Code that was alleged to be violated;	149329

(f) If the person or child was convicted, pleaded guilty, or	149330
was adjudicated a delinquent child, the sentence or terms of	149331
probation imposed or any other disposition of the offender or the	149332
delinquent child.	149333

If the offense involved the disarming of a law enforcement	149334
officer or an attempt to disarm a law enforcement officer, the	149335
clerk shall clearly state that fact in the summary, and the	149336
superintendent shall ensure that a clear statement of that fact is	149337
placed in the bureau's records.	149338

(3) The superintendent shall cooperate with and assist	149339
sheriffs, chiefs of police, and other law enforcement officers in	149340
the establishment of a complete system of criminal identification	149341
and in obtaining fingerprints and other means of identification of	149342
all persons arrested on a charge of a felony, any crime	149343
constituting a misdemeanor on the first offense and a felony on	149344
subsequent offenses, or a misdemeanor described in division	149345
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	149346
Revised Code and of all children under eighteen years of age	149347
arrested or otherwise taken into custody for committing an act	149348
that would be a felony or an offense of violence if committed by	149349
an adult. The superintendent also shall file for record the	149350
fingerprint impressions of all persons confined in a county,	149351
multicounty, municipal, municipal-county, or multicounty-municipal	149352
jail or workhouse, community-based correctional facility, halfway	149353
house, alternative residential facility, or state correctional	149354
institution for the violation of state laws and of all children	149355
under eighteen years of age who are confined in a county,	149356
multicounty, municipal, municipal-county, or multicounty-municipal	149357
jail or workhouse, community-based correctional facility, halfway	149358
house, alternative residential facility, or state correctional	149359
institution or in any facility for delinquent children for	149360
committing an act that would be a felony or an offense of violence	149361
if committed by an adult, and any other information that the	149362
superintendent may receive from law enforcement officials of the	149363
state and its political subdivisions.	149364

(4) The superintendent shall carry out Chapter 2950. of the	149365
Revised Code with respect to the registration of persons who are	149366
convicted of or plead guilty to a sexually oriented offense or a	149367
child-victim oriented offense and with respect to all other duties	149368
imposed on the bureau under that chapter.	149369

(5) The bureau shall perform centralized recordkeeping	149370
functions for criminal history records and services in this state	149371
for purposes of the national crime prevention and privacy compact	149372
set forth in section 109.571 of the Revised Code and is the	149373
criminal history record repository as defined in that section for	149374
purposes of that compact. The superintendent or the	149375
superintendent's designee is the compact officer for purposes of	149376
that compact and shall carry out the responsibilities of the	149377
compact officer specified in that compact.	149378

(B) The superintendent shall prepare and furnish to every	149379
county, multicounty, municipal, municipal-county, or	149380
multicounty-municipal jail or workhouse, community-based	149381
correctional facility, halfway house, alternative residential	149382
facility, or state correctional institution and to every clerk of	149383
a court in this state specified in division (A)(2) of this section	149384
standard forms for reporting the information required under	149385
division (A) of this section. The standard forms that the	149386
superintendent prepares pursuant to this division may be in a	149387
tangible format, in an electronic format, or in both tangible	149388
formats and electronic formats.	149389

(C)(1) The superintendent may operate a center for	149390
electronic, automated, or other data processing for the storage	149391
and retrieval of information, data, and statistics pertaining to	149392
criminals and to children under eighteen years of age who are	149393
adjudicated delinquent children for committing an act that would	149394
be a felony or an offense of violence if committed by an adult,	149395
criminal activity, crime prevention, law enforcement, and criminal	149396
justice, and may establish and operate a statewide communications	149397
network to be known as the Ohio law enforcement gateway to gather	149398
and disseminate information, data, and statistics for the use of	149399
law enforcement agencies and for other uses specified in this	149400
division. The superintendent may gather, store, retrieve, and	149401
disseminate information, data, and statistics that pertain to	149402
children who are under eighteen years of age and that are gathered	149403
pursuant to sections 109.57 to 109.61 of the Revised Code together	149404
with information, data, and statistics that pertain to adults and	149405
that are gathered pursuant to those sections.	149406

(2) The superintendent or the superintendent's designee shall	149407
gather information of the nature described in division (C)(1) of	149408
this section that pertains to the offense and delinquency history	149409
of a person who has been convicted of, pleaded guilty to, or been	149410
adjudicated a delinquent child for committing a sexually oriented	149411
offense or a child-victim oriented offense for inclusion in the	149412
state registry of sex offenders and child-victim offenders	149413
maintained pursuant to division (A)(1) of section 2950.13 of the	149414
Revised Code and in the internet database operated pursuant to	149415
division (A)(13) of that section and for possible inclusion in the	149416
internet database operated pursuant to division (A)(11) of that	149417
section.	149418

(3) In addition to any other authorized use of information,	149419
data, and statistics of the nature described in division (C)(1) of	149420
this section, the superintendent or the superintendent's designee	149421
may provide and exchange the information, data, and statistics	149422
pursuant to the national crime prevention and privacy compact as	149423
described in division (A)(5) of this section.	149424

(4) The attorney general may adopt rules under Chapter 119.	149425
of the Revised Code establishing guidelines for the operation of	149426
and participation in the Ohio law enforcement gateway. The rules	149427
may include criteria for granting and restricting access to	149428
information gathered and disseminated through the Ohio law	149429
enforcement gateway. The attorney general shall permit the state	149430
medical board and board of nursing to access and view, but not	149431
alter, information gathered and disseminated through the Ohio law	149432
enforcement gateway.	149433

The attorney general may appoint a steering committee to	149434
advise the attorney general in the operation of the Ohio law	149435
enforcement gateway that is comprised of persons who are	149436
representatives of the criminal justice agencies in this state	149437
that use the Ohio law enforcement gateway and is chaired by the	149438
superintendent or the superintendent's designee.	149439

(D)(1) The following are not public records under section	149440
149.43 of the Revised Code:	149441

(a) Information and materials furnished to the superintendent	149442
pursuant to division (A) of this section;	149443

(b) Information, data, and statistics gathered or	149444
disseminated through the Ohio law enforcement gateway pursuant to	149445
division (C)(1) of this section;	149446

(c) Information and materials furnished to any board or	149447
person under division (F) or (G) of this section.	149448

(2) The superintendent or the superintendent's designee shall	149449
gather and retain information so furnished under division (A) of	149450
this section that pertains to the offense and delinquency history	149451
of a person who has been convicted of, pleaded guilty to, or been	149452
adjudicated a delinquent child for committing a sexually oriented	149453
offense or a child-victim oriented offense for the purposes	149454
described in division (C)(2) of this section.	149455

(E)(1) The attorney general shall adopt rules, in accordance	149456
with Chapter 119. of the Revised Code and subject to division	149457
(E)(2) of this section, setting forth the procedure by which a	149458
person may receive or release information gathered by the	149459
superintendent pursuant to division (A) of this section. A	149460
reasonable fee may be charged for this service. If a temporary	149461
employment service submits a request for a determination of	149462
whether a person the service plans to refer to an employment	149463
position has been convicted of or pleaded guilty to an offense	149464
listed or described in division (A)(1), (2), or (3) of section	149465
109.572 of the Revised Code, the request shall be treated as a	149466
single request and only one fee shall be charged.	149467

(2) Except as otherwise provided in this division, a rule	149468
adopted under division (E)(1) of this section may provide only for	149469
the release of information gathered pursuant to division (A) of	149470
this section that relates to the conviction of a person, or a	149471
person's plea of guilty to, a criminal offense. The superintendent	149472
shall not release, and the attorney general shall not adopt any	149473
rule under division (E)(1) of this section that permits the	149474
release of, any information gathered pursuant to division (A) of	149475
this section that relates to an adjudication of a child as a	149476
delinquent child, or that relates to a criminal conviction of a	149477
person under eighteen years of age if the person's case was	149478
transferred back to a juvenile court under division (B)(2) or (3)	149479
of section 2152.121 of the Revised Code and the juvenile court	149480
imposed a disposition or serious youthful offender disposition	149481
upon the person under either division, unless either of the	149482
following applies with respect to the adjudication or conviction:	149483

(a) The adjudication or conviction was for a violation of	149484
section 2903.01 or 2903.02 of the Revised Code.	149485

(b) The adjudication or conviction was for a sexually	149486
oriented offense, the juvenile court was required to classify the	149487
child a juvenile offender registrant for that offense under	149488
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	149489
classification has not been removed.	149490

(F)(1) As used in division (F)(2) of this section, "head	149491
start agency" means an entity in this state that has been approved	149492
to be an agency for purposes of subchapter II of the "Community	149493
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	149494
as amended.	149495

(2)(a) In addition to or in conjunction with any request that	149496
is required to be made under section 109.572, 2151.86, 3301.32,	149497
3301.541, division (C) of section 3310.58, or section 3319.39,	149498
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	149499
5153.111 of the Revised Code or that is made under section	149500
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	149501
board of education of any school district; the director of	149502
developmental disabilities; any county board of developmental	149503
disabilities; any provider or subcontractor as defined in section	149504
5123.081 of the Revised Code; the chief administrator of any	149505
chartered nonpublic school; the chief administrator of a	149506
registered private provider that is not also a chartered nonpublic	149507
school; the chief administrator of any home health agency; the	149508
chief administrator of or person operating any child day-care	149509
center, type A family day-care home, or type B family day-care	149510
home licensed under Chapter 5104. of the Revised Code; the chief	149511
administrator of any head start agency; the executive director of	149512
a public children services agency; a private company described in	149513
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised	149514
Code; or an employer described in division (J)(2) of section	149515
3327.10 of the Revised Code may request that the superintendent of	149516
the bureau investigate and determine, with respect to any	149517
individual who has applied for employment in any position after	149518
October 2, 1989, or any individual wishing to apply for employment	149519
with a board of education may request, with regard to the	149520
individual, whether the bureau has any information gathered under	149521
division (A) of this section that pertains to that individual. On	149522
receipt of the request, subject to division (E)(2) of this	149523
section, the superintendent shall determine whether that	149524
information exists and, upon request of the person, board, or	149525
entity requesting information, also shall request from the federal	149526
bureau of investigation any criminal records it has pertaining to	149527
that individual. The superintendent or the superintendent's	149528
designee also may request criminal history records from other	149529
states or the federal government pursuant to the national crime	149530
prevention and privacy compact set forth in section 109.571 of the	149531
Revised Code. Within thirty days of the date that the	149532
superintendent receives a request, subject to division (E)(2) of	149533
this section, the superintendent shall send to the board, entity,	149534
or person a report of any information that the superintendent	149535
determines exists, including information contained in records that	149536
have been sealed under section 2953.32 of the Revised Code, and,	149537
within thirty days of its receipt, subject to division (E)(2) of	149538
this section, shall send the board, entity, or person a report of	149539
any information received from the federal bureau of investigation,	149540
other than information the dissemination of which is prohibited by	149541
federal law.	149542

(b) When a board of education or a registered private	149543
provider is required to receive information under this section as	149544
a prerequisite to employment of an individual pursuant to division	149545
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	149546
may accept a certified copy of records that were issued by the	149547
bureau of criminal identification and investigation and that are	149548
presented by an individual applying for employment with the	149549
district in lieu of requesting that information itself. In such a	149550
case, the board shall accept the certified copy issued by the	149551
bureau in order to make a photocopy of it for that individual's	149552
employment application documents and shall return the certified	149553
copy to the individual. In a case of that nature, a district or	149554
provider only shall accept a certified copy of records of that	149555
nature within one year after the date of their issuance by the	149556
bureau.	149557

(c) Notwithstanding division (F)(2)(a) of this section, in	149558
the case of a request under section 3319.39, 3319.391, or 3327.10	149559
of the Revised Code only for criminal records maintained by the	149560
federal bureau of investigation, the superintendent shall not	149561
determine whether any information gathered under division (A) of	149562
this section exists on the person for whom the request is made.	149563

(3) The state board of education may request, with respect to	149564
any individual who has applied for employment after October 2,	149565
1989, in any position with the state board or the department of	149566
education, any information that a school district board of	149567
education is authorized to request under division (F)(2) of this	149568
section, and the superintendent of the bureau shall proceed as if	149569
the request has been received from a school district board of	149570
education under division (F)(2) of this section.	149571

(4) When the superintendent of the bureau receives a request	149572
for information under section 3319.291 of the Revised Code, the	149573
superintendent shall proceed as if the request has been received	149574
from a school district board of education and shall comply with	149575
divisions (F)(2)(a) and (c) of this section.	149576

(5) When a recipient of a classroom reading improvement grant	149577
paid under section 3301.86 of the Revised Code requests, with	149578
respect to any individual who applies to participate in providing	149579
any program or service funded in whole or in part by the grant,	149580
the information that a school district board of education is	149581
authorized to request under division (F)(2)(a) of this section,	149582
the superintendent of the bureau shall proceed as if the request	149583
has been received from a school district board of education under	149584
division (F)(2)(a) of this section.	149585

(G) In addition to or in conjunction with any request that is	149586
required to be made under section 3701.881, 3712.09, or 3721.121	149587
of the Revised Code with respect to an individual who has applied	149588
for employment in a position that involves providing direct care	149589
to an older adult or adult resident, the chief administrator of a	149590
home health agency, hospice care program, home licensed under	149591
Chapter 3721. of the Revised Code, or adult day-care program	149592
operated pursuant to rules adopted under section 3721.04 of the	149593
Revised Code may request that the superintendent of the bureau	149594
investigate and determine, with respect to any individual who has	149595
applied after January 27, 1997, for employment in a position that	149596
does not involve providing direct care to an older adult or adult	149597
resident, whether the bureau has any information gathered under	149598
division (A) of this section that pertains to that individual.	149599

In addition to or in conjunction with any request that is	149600
required to be made under section 173.27 of the Revised Code with	149601
respect to an individual who has applied for employment in a	149602
position that involves providing ~~ombudsperson~~ombudsman services	149603
to residents of long-term care facilities or recipients of	149604
community-based long-term care services, the state long-term care	149605
~~ombudsperson~~ombudsman, ~~ombudsperson's designee, or~~the director	149606
of ~~health~~aging, a regional long-term care ombudsman program, or	149607
the designee of the ombudsman, director, or program may request	149608
that the superintendent investigate and determine, with respect to	149609
any individual who has applied for employment in a position that	149610
does not involve providing such ~~ombudsperson~~ombudsman services,	149611
whether the bureau has any information gathered under division (A)	149612
of this section that pertains to that applicant.	149613

In addition to or in conjunction with any request that is	149614
required to be made under section ~~173.394~~173.38 of the Revised	149615
Code with respect to an individual who has applied for employment	149616
in a direct-care position ~~that involves providing direct care to~~	149617
~~an individual~~, the chief administrator of a ~~community-based~~	149618
~~long-term care agency~~provider, as defined in section 173.39 of	149619
the Revised Code, may request that the superintendent investigate	149620
and determine, with respect to any individual who has applied for	149621
employment in a position that ~~does~~is not ~~involve providing direct~~	149622
~~care~~a direct-care position, whether the bureau has any	149623
information gathered under division (A) of this section that	149624
pertains to that applicant.	149625

In addition to or in conjunction with any request that is	149626
required to be made under section 3712.09 of the Revised Code with	149627
respect to an individual who has applied for employment in a	149628
position that involves providing direct care to a pediatric	149629
respite care patient, the chief administrator of a pediatric	149630
respite care program may request that the superintendent of the	149631
bureau investigate and determine, with respect to any individual	149632
who has applied for employment in a position that does not involve	149633
providing direct care to a pediatric respite care patient, whether	149634
the bureau has any information gathered under division (A) of this	149635
section that pertains to that individual.	149636

On receipt of a request under this division, the	149637
superintendent shall determine whether that information exists	149638
and, on request of the individual requesting information, shall	149639
also request from the federal bureau of investigation any criminal	149640
records it has pertaining to the applicant. The superintendent or	149641
the superintendent's designee also may request criminal history	149642
records from other states or the federal government pursuant to	149643
the national crime prevention and privacy compact set forth in	149644
section 109.571 of the Revised Code. Within thirty days of the	149645
date a request is received, subject to division (E)(2) of this	149646
section, the superintendent shall send to the requester a report	149647
of any information determined to exist, including information	149648
contained in records that have been sealed under section 2953.32	149649
of the Revised Code, and, within thirty days of its receipt, shall	149650
send the requester a report of any information received from the	149651
federal bureau of investigation, other than information the	149652
dissemination of which is prohibited by federal law.	149653

(H) Information obtained by a government entity or person	149654
under this section is confidential and shall not be released or	149655
disseminated.	149656

(I) The superintendent may charge a reasonable fee for	149657
providing information or criminal records under division (F)(2) or	149658
(G) of this section.	149659

(J) As used in this section:

149660

(1) "Pediatric respite care program" and "pediatric care	149661
patient" have the same meanings as in section 3712.01 of the	149662
Revised Code.	149663

(2) "Sexually oriented offense" and "child-victim oriented	149664
offense" have the same meanings as in section 2950.01 of the	149665
Revised Code.	149666

(3) "Registered private provider" means a nonpublic school or	149667
entity registered with the superintendent of public instruction	149668
under section 3310.41 of the Revised Code to participate in the	149669
autism scholarship program or section 3310.58 of the Revised Code	149670
to participate in the Jon Peterson special needs scholarship	149671
program.	149672

Sec. 2151.011. (A) As used in the Revised Code:

149673

(1) "Juvenile court" means whichever of the following is	149674
applicable that has jurisdiction under this chapter and Chapter	149675
2152. of the Revised Code:	149676

(a) The division of the court of common pleas specified in	149677
section 2101.022 or 2301.03 of the Revised Code as having	149678
jurisdiction under this chapter and Chapter 2152. of the Revised	149679
Code or as being the juvenile division or the juvenile division	149680
combined with one or more other divisions;	149681

(b) The juvenile court of Cuyahoga county or Hamilton county	149682
that is separately and independently created by section 2151.08 or	149683
Chapter 2153. of the Revised Code and that has jurisdiction under	149684
this chapter and Chapter 2152. of the Revised Code;	149685

(c) If division (A)(1)(a) or (b) of this section does not	149686
apply, the probate division of the court of common pleas.	149687

(2) "Juvenile judge" means a judge of a court having	149688
jurisdiction under this chapter.	149689

(3) "Private child placing agency" means any association, as	149690
defined in section 5103.02 of the Revised Code, that is certified	149691
under section 5103.03 of the Revised Code to accept temporary,	149692
permanent, or legal custody of children and place the children for	149693
either foster care or adoption.	149694

(4) "Private noncustodial agency" means any person,	149695
organization, association, or society certified by the department	149696
of job and family services that does not accept temporary or	149697
permanent legal custody of children, that is privately operated in	149698
this state, and that does one or more of the following:	149699

(a) Receives and cares for children for two or more	149700
consecutive weeks;	149701

(b) Participates in the placement of children in certified	149702
foster homes;	149703

(c) Provides adoption services in conjunction with a public	149704
children services agency or private child placing agency.	149705

(B) As used in this chapter:

149706

(1) "Adequate parental care" means the provision by a child's	149707
parent or parents, guardian, or custodian of adequate food,	149708
clothing, and shelter to ensure the child's health and physical	149709
safety and the provision by a child's parent or parents of	149710
specialized services warranted by the child's physical or mental	149711
needs.	149712

(2) "Adult" means an individual who is eighteen years of age	149713
or older.	149714

(3) "Agreement for temporary custody" means a voluntary	149715
agreement authorized by section 5103.15 of the Revised Code that	149716
transfers the temporary custody of a child to a public children	149717
services agency or a private child placing agency.	149718

(4) "Alternative response" means the public children services	149719
agency's response to a report of child abuse or neglect that	149720
engages the family in a comprehensive evaluation of child safety,	149721
risk of subsequent harm, and family strengths and needs and that	149722
does not include a determination as to whether child abuse or	149723
neglect occurred.	149724

(5) "Certified foster home" means a foster home, as defined	149725
in section 5103.02 of the Revised Code, certified under section	149726
5103.03 of the Revised Code.	149727

(6) "Child" means a person who is under eighteen years of	149728
age, except that the juvenile court has jurisdiction over any	149729
person who is adjudicated an unruly child prior to attaining	149730
eighteen years of age until the person attains twenty-one years of	149731
age, and, for purposes of that jurisdiction related to that	149732
adjudication, a person who is so adjudicated an unruly child shall	149733
be deemed a "child" until the person attains twenty-one years of	149734
age.	149735

(7) "Child day camp," "child care," "child day-care center,"	149736
"part-time child day-care center," "type A family day-care home,"	149737
"licensed type B family day-care home," "type B family day-care	149738
home," "administrator of a child day-care center," "administrator	149739
of a type A family day-care home," and "in-home aide" have the	149740
same meanings as in section 5104.01 of the Revised Code.	149741

(8) "Child care provider" means an individual who is a	149742
child-care staff member or administrator of a child day-care	149743
center, a type A family day-care home, or a type B family day-care	149744
home, or an in-home aide or an individual who is licensed, is	149745
regulated, is approved, operates under the direction of, or	149746
otherwise is certified by the department of job and family	149747
services, department of developmental disabilities, or the early	149748
childhood programs of the department of education.	149749

(9) "Chronic truant" has the same meaning as in section	149750
2152.02 of the Revised Code.	149751

(10) "Commit" means to vest custody as ordered by the court.

149752

(11) "Counseling" includes both of the following:

149753

(a) General counseling services performed by a public	149754
children services agency or shelter for victims of domestic	149755
violence to assist a child, a child's parents, and a child's	149756
siblings in alleviating identified problems that may cause or have	149757
caused the child to be an abused, neglected, or dependent child.	149758

(b) Psychiatric or psychological therapeutic counseling	149759
services provided to correct or alleviate any mental or emotional	149760
illness or disorder and performed by a licensed psychiatrist,	149761
licensed psychologist, or a person licensed under Chapter 4757. of	149762
the Revised Code to engage in social work or professional	149763
counseling.	149764

(12) "Custodian" means a person who has legal custody of a	149765
child or a public children services agency or private child	149766
placing agency that has permanent, temporary, or legal custody of	149767
a child.	149768

(13) "Delinquent child" has the same meaning as in section	149769
2152.02 of the Revised Code.	149770

(14) "Detention" means the temporary care of children pending	149771
court adjudication or disposition, or execution of a court order,	149772
in a public or private facility designed to physically restrict	149773
the movement and activities of children.	149774

(15) "Developmental disability" has the same meaning as in	149775
section 5123.01 of the Revised Code.	149776

(16) "Differential response approach" means an approach that	149777
a public children services agency may use to respond to accepted	149778
reports of child abuse or neglect with either an alternative	149779
response or a traditional response.	149780

(17) "Foster caregiver" has the same meaning as in section	149781
5103.02 of the Revised Code.	149782

(18) "Guardian" means a person, association, or corporation	149783
that is granted authority by a probate court pursuant to Chapter	149784
2111. of the Revised Code to exercise parental rights over a child	149785
to the extent provided in the court's order and subject to the	149786
residual parental rights of the child's parents.	149787

(19) "Habitual truant" means any child of compulsory school	149788
age who is absent without legitimate excuse for absence from the	149789
public school the child is supposed to attend for five or more	149790
consecutive school days, seven or more school days in one school	149791
month, or twelve or more school days in a school year.	149792

(20) "Juvenile traffic offender" has the same meaning as in	149793
section 2152.02 of the Revised Code.	149794

(21) "Legal custody" means a legal status that vests in the	149795
custodian the right to have physical care and control of the child	149796
and to determine where and with whom the child shall live, and the	149797
right and duty to protect, train, and discipline the child and to	149798
provide the child with food, shelter, education, and medical care,	149799
all subject to any residual parental rights, privileges, and	149800
responsibilities. An individual granted legal custody shall	149801
exercise the rights and responsibilities personally unless	149802
otherwise authorized by any section of the Revised Code or by the	149803
court.	149804

(22) A "legitimate excuse for absence from the public school	149805
the child is supposed to attend" includes, but is not limited to,	149806
any of the following:	149807

(a) The fact that the child in question has enrolled in and	149808
is attending another public or nonpublic school in this or another	149809
state;	149810

(b) The fact that the child in question is excused from	149811
attendance at school for any of the reasons specified in section	149812
3321.04 of the Revised Code;	149813

(c) The fact that the child in question has received an age	149814
and schooling certificate in accordance with section 3331.01 of	149815
the Revised Code.	149816

(23) "Mental illness" and "mentally ill person subject to	149817
hospitalization by court order" have the same meanings as in	149818
section 5122.01 of the Revised Code.	149819

(24) "Mental injury" means any behavioral, cognitive,	149820
emotional, or mental disorder in a child caused by an act or	149821
omission that is described in section 2919.22 of the Revised Code	149822
and is committed by the parent or other person responsible for the	149823
child's care.	149824

(25) "Mentally retarded person" has the same meaning as in	149825
section 5123.01 of the Revised Code.	149826

(26) "Nonsecure care, supervision, or training" means care,	149827
supervision, or training of a child in a facility that does not	149828
confine or prevent movement of the child within the facility or	149829
from the facility.	149830

(27) "Of compulsory school age" has the same meaning as in	149831
section 3321.01 of the Revised Code.	149832

(28) "Organization" means any institution, public,	149833
semipublic, or private, and any private association, society, or	149834
agency located or operating in the state, incorporated or	149835
unincorporated, having among its functions the furnishing of	149836
protective services or care for children, or the placement of	149837
children in certified foster homes or elsewhere.	149838

(29) "Out-of-home care" means detention facilities, shelter	149839
facilities, certified children's crisis care facilities, certified	149840
foster homes, placement in a prospective adoptive home prior to	149841
the issuance of a final decree of adoption, organizations,	149842
certified organizations, child day-care centers, type A family	149843
day-care homes, type B family day-care homes, child care provided	149844
by in-home aides, group home providers, group homes, institutions,	149845
state institutions, residential facilities, residential care	149846
facilities, residential camps, day camps, public schools,	149847
chartered nonpublic schools, educational service centers,	149848
hospitals, and medical clinics that are responsible for the care,	149849
physical custody, or control of children.	149850

(30) "Out-of-home care child abuse" means any of the	149851
following when committed by a person responsible for the care of a	149852
child in out-of-home care:	149853

(a) Engaging in sexual activity with a child in the person's	149854
care;	149855

(b) Denial to a child, as a means of punishment, of proper or	149856
necessary subsistence, education, medical care, or other care	149857
necessary for a child's health;	149858

(c) Use of restraint procedures on a child that cause injury	149859
or pain;	149860

(d) Administration of prescription drugs or psychotropic	149861
medication to the child without the written approval and ongoing	149862
supervision of a licensed physician;	149863

(e) Commission of any act, other than by accidental means,	149864
that results in any injury to or death of the child in out-of-home	149865
care or commission of any act by accidental means that results in	149866
an injury to or death of a child in out-of-home care and that is	149867
at variance with the history given of the injury or death.	149868

(31) "Out-of-home care child neglect" means any of the	149869
following when committed by a person responsible for the care of a	149870
child in out-of-home care:	149871

(a) Failure to provide reasonable supervision according to	149872
the standards of care appropriate to the age, mental and physical	149873
condition, or other special needs of the child;	149874

(b) Failure to provide reasonable supervision according to	149875
the standards of care appropriate to the age, mental and physical	149876
condition, or other special needs of the child, that results in	149877
sexual or physical abuse of the child by any person;	149878

149879

(i) Administration of prescription drugs or psychotropic	149880
drugs for the child;	149881

(ii) Assuring that the instructions of the licensed physician	149882
who prescribed a drug for the child are followed;	149883

(iii) Reporting to the licensed physician who prescribed the	149884
drug all unfavorable or dangerous side effects from the use of the	149885
drug.	149886

(d) Failure to provide proper or necessary subsistence,	149887
education, medical care, or other individualized care necessary	149888
for the health or well-being of the child;	149889

(e) Confinement of the child to a locked room without	149890
monitoring by staff;	149891

(f) Failure to provide ongoing security for all prescription	149892
and nonprescription medication;	149893

(g) Isolation of a child for a period of time when there is	149894
substantial risk that the isolation, if continued, will impair or	149895
retard the mental health or physical well-being of the child.	149896

(32) "Permanent custody" means a legal status that vests in a	149897
public children services agency or a private child placing agency,	149898
all parental rights, duties, and obligations, including the right	149899
to consent to adoption, and divests the natural parents or	149900
adoptive parents of all parental rights, privileges, and	149901
obligations, including all residual rights and obligations.	149902

(33) "Permanent surrender" means the act of the parents or,	149903
if a child has only one parent, of the parent of a child, by a	149904
voluntary agreement authorized by section 5103.15 of the Revised	149905
Code, to transfer the permanent custody of the child to a public	149906
children services agency or a private child placing agency.	149907

(34) "Person" means an individual, association, corporation,	149908
or partnership and the state or any of its political subdivisions,	149909
departments, or agencies.	149910

(35) "Person responsible for a child's care in out-of-home	149911
care" means any of the following:	149912

(a) Any foster caregiver, in-home aide, or provider;

149913

(b) Any administrator, employee, or agent of any of the	149914
following: a public or private detention facility; shelter	149915
facility; certified children's crisis care facility; organization;	149916
certified organization; child day-care center; type A family	149917
day-care home; licensed type B family day-care home; group home;	149918
institution; state institution; residential facility; residential	149919
care facility; residential camp; day camp; school district;	149920
community school; chartered nonpublic school; educational service	149921
center; hospital; or medical clinic;	149922

(c) Any person who supervises or coaches children as part of	149923
an extracurricular activity sponsored by a school district, public	149924
school, or chartered nonpublic school;	149925

(d) Any other person who performs a similar function with	149926
respect to, or has a similar relationship to, children.	149927

(36) "Physically impaired" means having one or more of the	149928
following conditions that substantially limit one or more of an	149929
individual's major life activities, including self-care, receptive	149930
and expressive language, learning, mobility, and self-direction:	149931

(a) A substantial impairment of vision, speech, or hearing;

149932

(b) A congenital orthopedic impairment;

149933

(c) An orthopedic impairment caused by disease, rheumatic	149934
fever or any other similar chronic or acute health problem, or	149935
amputation or another similar cause.	149936

(37) "Placement for adoption" means the arrangement by a	149937
public children services agency or a private child placing agency	149938
with a person for the care and adoption by that person of a child	149939
of whom the agency has permanent custody.	149940

(38) "Placement in foster care" means the arrangement by a	149941
public children services agency or a private child placing agency	149942
for the out-of-home care of a child of whom the agency has	149943
temporary custody or permanent custody.	149944

(39) "Planned permanent living arrangement" means an order of	149945
a juvenile court pursuant to which both of the following apply:	149946

(a) The court gives legal custody of a child to a public	149947
children services agency or a private child placing agency without	149948
the termination of parental rights.	149949

(b) The order permits the agency to make an appropriate	149950
placement of the child and to enter into a written agreement with	149951
a foster care provider or with another person or agency with whom	149952
the child is placed.	149953

(40) "Practice of social work" and "practice of professional	149954
counseling" have the same meanings as in section 4757.01 of the	149955
Revised Code.	149956

(41) "Sanction, service, or condition" means a sanction,	149957
service, or condition created by court order following an	149958
adjudication that a child is an unruly child that is described in	149959
division (A)(4) of section 2152.19 of the Revised Code.	149960

(42) "Protective supervision" means an order of disposition	149961
pursuant to which the court permits an abused, neglected,	149962
dependent, or unruly child to remain in the custody of the child's	149963
parents, guardian, or custodian and stay in the child's home,	149964
subject to any conditions and limitations upon the child, the	149965
child's parents, guardian, or custodian, or any other person that	149966
the court prescribes, including supervision as directed by the	149967
court for the protection of the child.	149968

(43) "Psychiatrist" has the same meaning as in section	149969
5122.01 of the Revised Code.	149970

(44) "Psychologist" has the same meaning as in section	149971
4732.01 of the Revised Code.	149972

(45) "Residential camp" means a program in which the care,	149973
physical custody, or control of children is accepted overnight for	149974
recreational or recreational and educational purposes.	149975

(46) "Residential care facility" means an institution,	149976
residence, or facility that is licensed by the department of	149977
~~mental health~~mental health and addiction services under section	149978
~~5119.22~~5119.34 of the Revised Code and that provides care for a	149979
child.	149980

(47) "Residential facility" means a home or facility that is	149981
licensed by the department of developmental disabilities under	149982
section 5123.19 of the Revised Code and in which a child with a	149983
developmental disability resides.	149984

(48) "Residual parental rights, privileges, and	149985
responsibilities" means those rights, privileges, and	149986
responsibilities remaining with the natural parent after the	149987
transfer of legal custody of the child, including, but not	149988
necessarily limited to, the privilege of reasonable visitation,	149989
consent to adoption, the privilege to determine the child's	149990
religious affiliation, and the responsibility for support.	149991

(49) "School day" means the school day established by the	149992
~~state~~ board of education of the applicable school district	149993
pursuant to section ~~3313.48~~3313.481 of the Revised Code.	149994

(50) "School ~~month" and "school~~ year" ~~have~~has the same	149995
~~meanings~~meaning as in section 3313.62 of the Revised Code.	149996

(51) "Secure correctional facility" means a facility under	149997
the direction of the department of youth services that is designed	149998
to physically restrict the movement and activities of children and	149999
used for the placement of children after adjudication and	150000
disposition.	150001

(52) "Sexual activity" has the same meaning as in section	150002
2907.01 of the Revised Code.	150003

(53) "Shelter" means the temporary care of children in	150004
physically unrestricted facilities pending court adjudication or	150005
disposition.	150006

(54) "Shelter for victims of domestic violence" has the same	150007
meaning as in section 3113.33 of the Revised Code.	150008

(55) "Temporary custody" means legal custody of a child who	150009
is removed from the child's home, which custody may be terminated	150010
at any time at the discretion of the court or, if the legal	150011
custody is granted in an agreement for temporary custody, by the	150012
person who executed the agreement.	150013

(56) "Traditional response" means a public children services	150014
agency's response to a report of child abuse or neglect that	150015
encourages engagement of the family in a comprehensive evaluation	150016
of the child's current and future safety needs and a fact-finding	150017
process to determine whether child abuse or neglect occurred and	150018
the circumstances surrounding the alleged harm or risk of harm.	150019

(C) For the purposes of this chapter, a child shall be	150020
presumed abandoned when the parents of the child have failed to	150021
visit or maintain contact with the child for more than ninety	150022
days, regardless of whether the parents resume contact with the	150023
child after that period of ninety days.	150024

Sec. 2923.126. (A) A concealed handgun license that is	150025
issued under section 2923.125 of the Revised Code shall expire	150026
five years after the date of issuance. A licensee who has been	150027
issued a license under that section shall be granted a grace	150028
period of thirty days after the licensee's license expires during	150029
which the licensee's license remains valid. Except as provided in	150030
divisions (B) and (C) of this section, a licensee who has been	150031
issued a concealed handgun license under section 2923.125 or	150032
2923.1213 of the Revised Code may carry a concealed handgun	150033
anywhere in this state if the licensee also carries a valid	150034
license and valid identification when the licensee is in actual	150035
possession of a concealed handgun. The licensee shall give notice	150036
of any change in the licensee's residence address to the sheriff	150037
who issued the license within forty-five days after that change.	150038

If a licensee is the driver or an occupant of a motor vehicle	150039
that is stopped as the result of a traffic stop or a stop for	150040
another law enforcement purpose and if the licensee is	150041
transporting or has a loaded handgun in the motor vehicle at that	150042
time, the licensee shall promptly inform any law enforcement	150043
officer who approaches the vehicle while stopped that the licensee	150044
has been issued a concealed handgun license and that the licensee	150045
currently possesses or has a loaded handgun; the licensee shall	150046
not knowingly disregard or fail to comply with lawful orders of a	150047
law enforcement officer given while the motor vehicle is stopped,	150048
knowingly fail to remain in the motor vehicle while stopped, or	150049
knowingly fail to keep the licensee's hands in plain sight after	150050
any law enforcement officer begins approaching the licensee while	150051
stopped and before the officer leaves, unless directed otherwise	150052
by a law enforcement officer; and the licensee shall not knowingly	150053
have contact with the loaded handgun by touching it with the	150054
licensee's hands or fingers, in any manner in violation of	150055
division (E) of section 2923.16 of the Revised Code, after any law	150056
enforcement officer begins approaching the licensee while stopped	150057
and before the officer leaves. Additionally, if a licensee is the	150058
driver or an occupant of a commercial motor vehicle that is	150059
stopped by an employee of the motor carrier enforcement unit for	150060
the purposes defined in section 5503.04 of the Revised Code and if	150061
the licensee is transporting or has a loaded handgun in the	150062
commercial motor vehicle at that time, the licensee shall promptly	150063
inform the employee of the unit who approaches the vehicle while	150064
stopped that the licensee has been issued a concealed handgun	150065
license and that the licensee currently possesses or has a loaded	150066
handgun.	150067

If a licensee is stopped for a law enforcement purpose and if	150068
the licensee is carrying a concealed handgun at the time the	150069
officer approaches, the licensee shall promptly inform any law	150070
enforcement officer who approaches the licensee while stopped that	150071
the licensee has been issued a concealed handgun license and that	150072
the licensee currently is carrying a concealed handgun; the	150073
licensee shall not knowingly disregard or fail to comply with	150074
lawful orders of a law enforcement officer given while the	150075
licensee is stopped or knowingly fail to keep the licensee's hands	150076
in plain sight after any law enforcement officer begins	150077
approaching the licensee while stopped and before the officer	150078
leaves, unless directed otherwise by a law enforcement officer;	150079
and the licensee shall not knowingly remove, attempt to remove,	150080
grasp, or hold the loaded handgun or knowingly have contact with	150081
the loaded handgun by touching it with the licensee's hands or	150082
fingers, in any manner in violation of division (B) of section	150083
2923.12 of the Revised Code, after any law enforcement officer	150084
begins approaching the licensee while stopped and before the	150085
officer leaves.	150086

(B) A valid concealed handgun license does not authorize the	150087
licensee to carry a concealed handgun in any manner prohibited	150088
under division (B) of section 2923.12 of the Revised Code or in	150089
any manner prohibited under section 2923.16 of the Revised Code. A	150090
valid license does not authorize the licensee to carry a concealed	150091
handgun into any of the following places:	150092

(1) A police station, sheriff's office, or state highway	150093
patrol station, premises controlled by the bureau of criminal	150094
identification and investigation, a state correctional	150095
institution, jail, workhouse, or other detention facility, an	150096
airport passenger terminal, or an institution that is maintained,	150097
operated, managed, and governed pursuant to division (A) of	150098
section ~~5119.02~~5119.14 of the Revised Code or division (A)(1) of	150099
section 5123.03 of the Revised Code;	150100

(2) A school safety zone if the licensee's carrying the	150101
concealed handgun is in violation of section 2923.122 of the	150102
Revised Code;	150103

(3) A courthouse or another building or structure in which a	150104
courtroom is located, in violation of section 2923.123 of the	150105
Revised Code;	150106

(4) Any premises or open air arena for which a D permit has	150107
been issued under Chapter 4303. of the Revised Code if the	150108
licensee's carrying the concealed handgun is in violation of	150109
section 2923.121 of the Revised Code;	150110

(5) Any premises owned or leased by any public or private	150111
college, university, or other institution of higher education,	150112
unless the handgun is in a locked motor vehicle or the licensee is	150113
in the immediate process of placing the handgun in a locked motor	150114
vehicle;	150115

(6) Any church, synagogue, mosque, or other place of worship,	150116
unless the church, synagogue, mosque, or other place of worship	150117
posts or permits otherwise;	150118

(7) A child day-care center, a type A family day-care home,	150119
or a type B family day-care home, except that this division does	150120
not prohibit a licensee who resides in a type A family day-care	150121
home or a type B family day-care home from carrying a concealed	150122
handgun at any time in any part of the home that is not dedicated	150123
or used for day-care purposes, or from carrying a concealed	150124
handgun in a part of the home that is dedicated or used for	150125
day-care purposes at any time during which no children, other than	150126
children of that licensee, are in the home;	150127

(8) An aircraft that is in, or intended for operation in,	150128
foreign air transportation, interstate air transportation,	150129
intrastate air transportation, or the transportation of mail by	150130
aircraft;	150131

(9) Any building that is a government facility of this state	150132
or a political subdivision of this state and that is not a	150133
building that is used primarily as a shelter, restroom, parking	150134
facility for motor vehicles, or rest facility and is not a	150135
courthouse or other building or structure in which a courtroom is	150136
located that is subject to division (B)(3) of this section;	150137

(10) A place in which federal law prohibits the carrying of	150138
handguns.	150139

(C)(1) Nothing in this section shall negate or restrict a	150140
rule, policy, or practice of a private employer that is not a	150141
private college, university, or other institution of higher	150142
education concerning or prohibiting the presence of firearms on	150143
the private employer's premises or property, including motor	150144
vehicles owned by the private employer. Nothing in this section	150145
shall require a private employer of that nature to adopt a rule,	150146
policy, or practice concerning or prohibiting the presence of	150147
firearms on the private employer's premises or property, including	150148
motor vehicles owned by the private employer.	150149

(2)(a) A private employer shall be immune from liability in a	150150
civil action for any injury, death, or loss to person or property	150151
that allegedly was caused by or related to a licensee bringing a	150152
handgun onto the premises or property of the private employer,	150153
including motor vehicles owned by the private employer, unless the	150154
private employer acted with malicious purpose. A private employer	150155
is immune from liability in a civil action for any injury, death,	150156
or loss to person or property that allegedly was caused by or	150157
related to the private employer's decision to permit a licensee to	150158
bring, or prohibit a licensee from bringing, a handgun onto the	150159
premises or property of the private employer. As used in this	150160
division, "private employer" includes a private college,	150161
university, or other institution of higher education.	150162

(b) A political subdivision shall be immune from liability in	150163
a civil action, to the extent and in the manner provided in	150164
Chapter 2744. of the Revised Code, for any injury, death, or loss	150165
to person or property that allegedly was caused by or related to a	150166
licensee bringing a handgun onto any premises or property owned,	150167
leased, or otherwise under the control of the political	150168
subdivision. As used in this division, "political subdivision" has	150169
the same meaning as in section 2744.01 of the Revised Code.	150170

(3)(a) Except as provided in division (C)(3)(b) of this	150171
section, the owner or person in control of private land or	150172
premises, and a private person or entity leasing land or premises	150173
owned by the state, the United States, or a political subdivision	150174
of the state or the United States, may post a sign in a	150175
conspicuous location on that land or on those premises prohibiting	150176
persons from carrying firearms or concealed firearms on or onto	150177
that land or those premises. Except as otherwise provided in this	150178
division, a person who knowingly violates a posted prohibition of	150179
that nature is guilty of criminal trespass in violation of	150180
division (A)(4) of section 2911.21 of the Revised Code and is	150181
guilty of a misdemeanor of the fourth degree. If a person	150182
knowingly violates a posted prohibition of that nature and the	150183
posted land or premises primarily was a parking lot or other	150184
parking facility, the person is not guilty of criminal trespass in	150185
violation of division (A)(4) of section 2911.21 of the Revised	150186
Code and instead is subject only to a civil cause of action for	150187
trespass based on the violation.	150188

(b) A landlord may not prohibit or restrict a tenant who is a	150189
licensee and who on or after September 9, 2008, enters into a	150190
rental agreement with the landlord for the use of residential	150191
premises, and the tenant's guest while the tenant is present, from	150192
lawfully carrying or possessing a handgun on those residential	150193
premises.	150194

150195

(i) "Residential premises" has the same meaning as in section	150196
5321.01 of the Revised Code, except "residential premises" does	150197
not include a dwelling unit that is owned or operated by a college	150198
or university.	150199

(ii) "Landlord," "tenant," and "rental agreement" have the	150200
same meanings as in section 5321.01 of the Revised Code.	150201

(D) A person who holds a concealed handgun license issued by	150202
another state that is recognized by the attorney general pursuant	150203
to a reciprocity agreement entered into pursuant to section 109.69	150204
of the Revised Code has the same right to carry a concealed	150205
handgun in this state as a person who was issued a concealed	150206
handgun license under section 2923.125 of the Revised Code and is	150207
subject to the same restrictions that apply to a person who	150208
carries a license issued under that section.	150209

(E) A peace officer has the same right to carry a concealed	150210
handgun in this state as a person who was issued a concealed	150211
handgun license under section 2923.125 of the Revised Code. For	150212
purposes of reciprocity with other states, a peace officer shall	150213
be considered to be a licensee in this state.	150214

(F)(1) A qualified retired peace officer who possesses a	150215
retired peace officer identification card issued pursuant to	150216
division (F)(2) of this section and a valid firearms	150217
requalification certification issued pursuant to division (F)(3)	150218
of this section has the same right to carry a concealed handgun in	150219
this state as a person who was issued a concealed handgun license	150220
under section 2923.125 of the Revised Code and is subject to the	150221
same restrictions that apply to a person who carries a license	150222
issued under that section. For purposes of reciprocity with other	150223
states, a qualified retired peace officer who possesses a retired	150224
peace officer identification card issued pursuant to division	150225
(F)(2) of this section and a valid firearms requalification	150226
certification issued pursuant to division (F)(3) of this section	150227
shall be considered to be a licensee in this state.	150228

(2)(a) Each public agency of this state or of a political	150229
subdivision of this state that is served by one or more peace	150230
officers shall issue a retired peace officer identification card	150231
to any person who retired from service as a peace officer with	150232
that agency, if the issuance is in accordance with the agency's	150233
policies and procedures and if the person, with respect to the	150234
person's service with that agency, satisfies all of the following:	150235

(i) The person retired in good standing from service as a	150236
peace officer with the public agency, and the retirement was not	150237
for reasons of mental instability.	150238

(ii) Before retiring from service as a peace officer with	150239
that agency, the person was authorized to engage in or supervise	150240
the prevention, detection, investigation, or prosecution of, or	150241
the incarceration of any person for, any violation of law and the	150242
person had statutory powers of arrest.	150243

(iii) At the time of the person's retirement as a peace	150244
officer with that agency, the person was trained and qualified to	150245
carry firearms in the performance of the peace officer's duties.	150246

(iv) Before retiring from service as a peace officer with	150247
that agency, the person was regularly employed as a peace officer	150248
for an aggregate of fifteen years or more, or, in the alternative,	150249
the person retired from service as a peace officer with that	150250
agency, after completing any applicable probationary period of	150251
that service, due to a service-connected disability, as determined	150252
by the agency.	150253

(b) A retired peace officer identification card issued to a	150254
person under division (F)(2)(a) of this section shall identify the	150255
person by name, contain a photograph of the person, identify the	150256
public agency of this state or of the political subdivision of	150257
this state from which the person retired as a peace officer and	150258
that is issuing the identification card, and specify that the	150259
person retired in good standing from service as a peace officer	150260
with the issuing public agency and satisfies the criteria set	150261
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	150262
addition to the required content specified in this division, a	150263
retired peace officer identification card issued to a person under	150264
division (F)(2)(a) of this section may include the firearms	150265
requalification certification described in division (F)(3) of this	150266
section, and if the identification card includes that	150267
certification, the identification card shall serve as the firearms	150268
requalification certification for the retired peace officer. If	150269
the issuing public agency issues credentials to active law	150270
enforcement officers who serve the agency, the agency may comply	150271
with division (F)(2)(a) of this section by issuing the same	150272
credentials to persons who retired from service as a peace officer	150273
with the agency and who satisfy the criteria set forth in	150274
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	150275
credentials so issued to retired peace officers are stamped with	150276
the word "RETIRED."	150277

(c) A public agency of this state or of a political	150278
subdivision of this state may charge persons who retired from	150279
service as a peace officer with the agency a reasonable fee for	150280
issuing to the person a retired peace officer identification card	150281
pursuant to division (F)(2)(a) of this section.	150282

(3) If a person retired from service as a peace officer with	150283
a public agency of this state or of a political subdivision of	150284
this state and the person satisfies the criteria set forth in	150285
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	150286
may provide the retired peace officer with the opportunity to	150287
attend a firearms requalification program that is approved for	150288
purposes of firearms requalification required under section	150289
109.801 of the Revised Code. The retired peace officer may be	150290
required to pay the cost of the course.	150291

If a retired peace officer who satisfies the criteria set	150292
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	150293
firearms requalification program that is approved for purposes of	150294
firearms requalification required under section 109.801 of the	150295
Revised Code, the retired peace officer's successful completion of	150296
the firearms requalification program requalifies the retired peace	150297
officer for purposes of division (F) of this section for five	150298
years from the date on which the program was successfully	150299
completed, and the requalification is valid during that five-year	150300
period. If a retired peace officer who satisfies the criteria set	150301
forth in divisions (F)(2)(a)(i) to (iv) of this section	150302
satisfactorily completes such a firearms requalification program,	150303
the retired peace officer shall be issued a firearms	150304
requalification certification that identifies the retired peace	150305
officer by name, identifies the entity that taught the program,	150306
specifies that the retired peace officer successfully completed	150307
the program, specifies the date on which the course was	150308
successfully completed, and specifies that the requalification is	150309
valid for five years from that date of successful completion. The	150310
firearms requalification certification for a retired peace officer	150311
may be included in the retired peace officer identification card	150312
issued to the retired peace officer under division (F)(2) of this	150313
section.	150314

A retired peace officer who attends a firearms	150315
requalification program that is approved for purposes of firearms	150316
requalification required under section 109.801 of the Revised Code	150317
may be required to pay the cost of the program.	150318

(G) As used in this section:

150319

(1) "Qualified retired peace officer" means a person who	150320
satisfies all of the following:	150321

(a) The person satisfies the criteria set forth in divisions	150322
(F)(2)(a)(i) to (v) of this section.	150323

(b) The person is not under the influence of alcohol or	150324
another intoxicating or hallucinatory drug or substance.	150325

(c) The person is not prohibited by federal law from	150326
receiving firearms.	150327

(2) "Retired peace officer identification card" means an	150328
identification card that is issued pursuant to division (F)(2) of	150329
this section to a person who is a retired peace officer.	150330

(3) "Government facility of this state or a political	150331
subdivision of this state" means any of the following:	150332

(a) A building or part of a building that is owned or leased	150333
by the government of this state or a political subdivision of this	150334
state and where employees of the government of this state or the	150335
political subdivision regularly are present for the purpose of	150336
performing their official duties as employees of the state or	150337
political subdivision;	150338

(b) The office of a deputy registrar serving pursuant to	150339
Chapter 4503. of the Revised Code that is used to perform deputy	150340
registrar functions.	150341

Sec. 5104.012. (A)(1) At the times specified in this	150342
division, the administrator of a child day-care center or a type A	150343
family day-care home shall request the superintendent of the	150344
bureau of criminal identification and investigation to conduct a	150345
criminal records check with respect to any applicant who has	150346
applied to the center or type A home for employment as a person	150347
responsible for the care, custody, or control of a child.	150348

The administrator shall request a criminal records check	150349
pursuant to this division at the time of the applicant's initial	150350
application for employment and every ~~four~~five years thereafter.	150351
When the administrator requests pursuant to this division a	150352
criminal records check for an applicant at the time of the	150353
applicant's initial application for employment, the administrator	150354
shall request that the superintendent obtain information from the	150355
federal bureau of investigation as a part of the criminal records	150356
check for the applicant, including fingerprint-based checks of	150357
national crime information databases as described in 42 U.S.C.	150358
671, for the person subject to the criminal records check. In all	150359
other cases in which the administrator requests a criminal records	150360
check for an applicant pursuant to this division, the	150361
administrator may request that the superintendent include	150362
information from the federal bureau of investigation in the	150363
criminal records check, including fingerprint-based checks of	150364
national crime information databases as described in 42 U.S.C.	150365
671.	150366

(2) A person required by division (A)(1) of this section to	150367
request a criminal records check shall provide to each applicant a	150368
copy of the form prescribed pursuant to division (C)(1) of section	150369
109.572 of the Revised Code, provide to each applicant a standard	150370
impression sheet to obtain fingerprint impressions prescribed	150371
pursuant to division (C)(2) of section 109.572 of the Revised	150372
Code, obtain the completed form and impression sheet from each	150373
applicant, and forward the completed form and impression sheet to	150374
the superintendent of the bureau of criminal identification and	150375
investigation at the time the person requests a criminal records	150376
check pursuant to division (A)(1) of this section. On and after	150377
August 14, 2008, the administrator of a child day-care center or a	150378
type A family day-care home shall review the results of the	150379
criminal records check before the applicant has sole	150380
responsibility for the care, custody, or control of any child.	150381

(3) An applicant who receives pursuant to division (A)(2) of	150382
this section a copy of the form prescribed pursuant to division	150383
(C)(1) of section 109.572 of the Revised Code and a copy of an	150384
impression sheet prescribed pursuant to division (C)(2) of that	150385
section and who is requested to complete the form and provide a	150386
set of fingerprint impressions shall complete the form or provide	150387
all the information necessary to complete the form and shall	150388
provide the impression sheet with the impressions of the	150389
applicant's fingerprints. If an applicant, upon request, fails to	150390
provide the information necessary to complete the form or fails to	150391
provide impressions of the applicant's fingerprints, the center or	150392
type A home shall not employ that applicant for any position for	150393
which a criminal records check is required by division (A)(1) of	150394
this section.	150395

(B)(1) Except as provided in rules adopted under division (E)	150396
of this section, no child day-care center or type A family	150397
day-care home shall employ or contract with another entity for the	150398
services of a person as a person responsible for the care,	150399
custody, or control of a child if the person previously has been	150400
convicted of or pleaded guilty to any of the violations described	150401
in division (A)(5) of section 109.572 of the Revised Code.	150402

(2) A child day-care center or type A family day-care home	150403
may employ an applicant conditionally until the criminal records	150404
check required by this section is completed and the center or home	150405
receives the results of the criminal records check. If the results	150406
of the criminal records check indicate that, pursuant to division	150407
(B)(1) of this section, the applicant does not qualify for	150408
employment, the center or home shall release the applicant from	150409
employment.	150410

(C)(1) Each child day-care center and type A family day-care	150411
home shall pay to the bureau of criminal identification and	150412
investigation the fee prescribed pursuant to division (C)(3) of	150413
section 109.572 of the Revised Code for each criminal records	150414
check conducted in accordance with that section upon the request	150415
pursuant to division (A)(1) of this section of the administrator	150416
or provider of the center or home.	150417

(2) A child day-care center and type A family day-care home	150418
may charge an applicant a fee for the costs it incurs in obtaining	150419
a criminal records check under this section. A fee charged under	150420
this division shall not exceed the amount of fees the center or	150421
home pays under division (C)(1) of this section. If a fee is	150422
charged under this division, the center or home shall notify the	150423
applicant at the time of the applicant's initial application for	150424
employment of the amount of the fee and that, unless the fee is	150425
paid, the center or type A home will not consider the applicant	150426
for employment.	150427

(D) The report of any criminal records check conducted by the	150428
bureau of criminal identification and investigation in accordance	150429
with section 109.572 of the Revised Code and pursuant to a request	150430
under division (A)(1) of this section is not a public record for	150431
the purposes of section 149.43 of the Revised Code and shall not	150432
be made available to any person other than the applicant who is	150433
the subject of the criminal records check or the applicant's	150434
representative; the center or type A home requesting the criminal	150435
records check or its representative; the department of job and	150436
family services or a county department of job and family services;	150437
and any court, hearing officer, or other necessary individual	150438
involved in a case dealing with the denial of employment to the	150439
applicant.	150440

(E) The director of job and family services shall adopt rules	150441
pursuant to Chapter 119. of the Revised Code to implement this	150442
section, including rules specifying circumstances under which a	150443
center or home may hire a person who has been convicted of an	150444
offense listed in division (B)(1) of this section but who meets	150445
standards in regard to rehabilitation set by the department.	150446

(F) Any person required by division (A)(1) of this section to	150447
request a criminal records check shall inform each person, at the	150448
time of the person's initial application for employment, that the	150449
person is required to provide a set of impressions of the person's	150450
fingerprints and that a criminal records check is required to be	150451
conducted and satisfactorily completed in accordance with section	150452
109.572 of the Revised Code if the person comes under final	150453
consideration for appointment or employment as a precondition to	150454
employment for that position.	150455

(G) As used in this section:

150456

(1) "Applicant" means a person who is under final	150457
consideration for appointment to or employment in a position with	150458
a child day-care center or a type A family day-care home as a	150459
person responsible for the care, custody, or control of a child or	150460
any person who would serve in any position with a child day-care	150461
center or a type A family day-care home as a person responsible	150462
for the care, custody, or control of a child pursuant to a	150463
contract with another entity.	150464

(2) "Criminal records check" has the same meaning as in	150465
section 109.572 of the Revised Code.	150466

Sec. 5104.013. (A)(1) At the times specified in division	150467
(A)(3) of this section, the director of job and family services,	150468
as part of the process of licensure of child day-care centers,	150469
type A family day-care homes, and licensed type B family day-care	150470
homes shall request the superintendent of the bureau of criminal	150471
identification and investigation to conduct a criminal records	150472
check with respect to the following persons:	150473

(a) Any owner, licensee, or administrator of a child day-care	150474
center;	150475

(b) Any owner, licensee, or administrator of a type A family	150476
day-care home and any person eighteen years of age or older who	150477
resides in a type A family day-care home;	150478

(c) Any administrator of a licensed type B family day-care	150479
home and any person eighteen years of age or older who resides in	150480
a licensed type B family day-care home.	150481

(2) At the time specified in division (A)(3) of this section,	150482
the director of a county department of job and family services, as	150483
part of the process of certification of in-home aides, shall	150484
request the superintendent of the bureau of criminal	150485
identification and investigation to conduct a criminal records	150486
check with respect to any in-home aide.	150487

(3) The director of job and family services shall request a	150488
criminal records check pursuant to division (A)(1) of this section	150489
at the time of the initial application for licensure and every	150490
~~four~~five years thereafter. The director of a county department of	150491
job and family services shall request a criminal records check	150492
pursuant to division (A)(2) of this section at the time of the	150493
initial application for certification and every ~~four~~five years	150494
thereafter. When the director of job and family services or the	150495
director of a county department of job and family services	150496
requests pursuant to division (A)(1) or (2) of this section a	150497
criminal records check for a person at the time of the person's	150498
initial application for licensure or certification, the director	150499
shall request that the superintendent of the bureau of criminal	150500
identification and investigation obtain information from the	150501
federal bureau of investigation as a part of the criminal records	150502
check for the person, including fingerprint-based checks of	150503
national crime information databases as described in 42 U.S.C. 671	150504
for the person subject to the criminal records check. In all other	150505
cases in which the director of job and family services or the	150506
director of a county department of job and family services	150507
requests a criminal records check for an applicant pursuant to	150508
division (A)(1) or (2) of this section, the director may request	150509
that the superintendent include information from the federal	150510
bureau of investigation in the criminal records check, including	150511
fingerprint-based checks of national crime information databases	150512
as described in 42 U.S.C. 671.	150513

(4) The director of job and family services shall review the	150514
results of a criminal records check subsequent to a request made	150515
pursuant to divisions (A)(1) and (3) of this section prior to	150516
approval of a license. The director of a county department of job	150517
and family services shall review the results of a criminal records	150518
check subsequent to a request made pursuant to divisions (A)(2)	150519
and (3) of this section prior to approval of certification.	150520

(B) The director of job and family services or the director	150521
of a county department of job and family services shall provide to	150522
each person for whom a criminal records check is required under	150523
this section a copy of the form prescribed pursuant to division	150524
(C)(1) of section 109.572 of the Revised Code and a standard	150525
impression sheet to obtain fingerprint impressions prescribed	150526
pursuant to division (C)(2) of that section, obtain the completed	150527
form and impression sheet from that person, and forward the	150528
completed form and impression sheet to the superintendent of the	150529
bureau of criminal identification and investigation.	150530

(C) A person who receives pursuant to division (B) of this	150531
section a copy of the form and standard impression sheet described	150532
in that division and who is requested to complete the form and	150533
provide a set of fingerprint impressions shall complete the form	150534
or provide all the information necessary to complete the form and	150535
shall provide the impression sheet with the impressions of the	150536
person's fingerprints. If the person, upon request, fails to	150537
provide the information necessary to complete the form or fails to	150538
provide impressions of the person's fingerprints, the director may	150539
consider the failure as a reason to deny licensure or	150540
certification.	150541

(D) Except as provided in rules adopted under division (G) of	150542
this section, the director of job and family services shall not	150543
grant a license to a child day-care center, type A family day-care	150544
home, or type B family day-care home and a county director of job	150545
and family services shall not certify an in-home aide if a person	150546
for whom a criminal records check was required in connection with	150547
the center or home previously has been convicted of or pleaded	150548
guilty to any of the violations described in division (A)(5) of	150549
section 109.572 of the Revised Code.	150550

(E) Each child day-care center, type A family day-care home,	150551
and type B family day-care home shall pay to the bureau of	150552
criminal identification and investigation the fee prescribed	150553
pursuant to division (C)(3) of section 109.572 of the Revised Code	150554
for each criminal records check conducted in accordance with that	150555
section upon a request made pursuant to division (A) of this	150556
section.	150557

(F) The report of any criminal records check conducted by the	150558
bureau of criminal identification and investigation in accordance	150559
with section 109.572 of the Revised Code and pursuant to a request	150560
made under division (A) of this section is not a public record for	150561
the purposes of section 149.43 of the Revised Code and shall not	150562
be made available to any person other than the person who is the	150563
subject of the criminal records check or the person's	150564
representative, the director of job and family services, the	150565
director of a county department of job and family services, the	150566
center, type A home, or type B home involved, and any court,	150567
hearing officer, or other necessary individual involved in a case	150568
dealing with a denial of licensure or certification related to the	150569
criminal records check.	150570

(G) The director of job and family services shall adopt rules	150571
in accordance with Chapter 119. of the Revised Code to implement	150572
this section, including rules specifying exceptions to the	150573
prohibition in division (D) of this section for persons who have	150574
been convicted of an offense listed in that division but who meet	150575
standards in regard to rehabilitation set by the director.	150576

(H) As used in this section, "criminal records check" has the	150577
same meaning as in section 109.572 of the Revised Code.	150578

Sec. 5104.03. (A) Any person, firm, organization,	150579
institution, or agency seeking to establish a child day-care	150580
center, type A family day-care home, or licensed type B family	150581
day-care home shall apply for a license to the director of job and	150582
family services on such form as the director prescribes. The	150583
director shall provide at no charge to each applicant for	150584
licensure a copy of the child care license requirements in this	150585
chapter and a copy of the rules adopted pursuant to this chapter.	150586
The copies may be provided in paper or electronic form.	150587

Fees shall be set by the director pursuant to sections	150588
5104.015, 5104.017, and 5104.018 of the Revised Code and shall be	150589
paid at the time of application for a license to operate a center,	150590
type A home, or type B home. Fees collected under this section	150591
shall be paid into the state treasury to the credit of the general	150592
revenue fund.	150593

(B)(1) Upon filing of the application for a license, the	150594
director shall investigate and inspect the center, type A home, or	150595
type B home to determine the license capacity for each age	150596
category of children of the center, type A home, or type B home	150597
and to determine whether the center, type A home, or type B home	150598
complies with this chapter and rules adopted pursuant to this	150599
chapter. When, after investigation and inspection, the director is	150600
satisfied that this chapter and rules adopted pursuant to it are	150601
complied with, subject to division (H) of this section, a license	150602
shall be issued as soon as practicable in such form and manner as	150603
prescribed by the director. The license shall be designated as	150604
provisional and shall be valid for twelve months from the date of	150605
issuance unless revoked.	150606

(2) The director may contract with a government entity or a	150607
private nonprofit entity for the entity to inspect and license	150608
type B family day-care homes pursuant to this section. The	150609
department, government entity, or nonprofit entity shall conduct	150610
the inspection prior to the issuance of a license for the type B	150611
home and, as part of that inspection, ensure that the type B home	150612
is safe and sanitary.	150613

(C)(1) On receipt of an application for licensure as a type B	150614
family day-care home to provide publicly funded child care, the	150615
department shall search the uniform statewide automated child	150616
welfare information system for information concerning any abuse or	150617
neglect report made pursuant to section 2151.421 of the Revised	150618
Code of which the applicant, any other adult residing in the	150619
applicant's home, or a person designated by the applicant to be an	150620
emergency or substitute caregiver for the applicant is the	150621
subject.	150622

(2) The department shall consider any information it	150623
discovers pursuant to division (C)(1) of this section or that is	150624
provided by a public children services agency pursuant to section	150625
5153.175 of the Revised Code. If the department determines that	150626
the information, when viewed within the totality of the	150627
circumstances, reasonably leads to the conclusion that the	150628
applicant may directly or indirectly endanger the health, safety,	150629
or welfare of children, the department shall deny the application	150630
for licensure or revoke the license of a type B family day-care	150631
home.	150632

(D) The director shall investigate and inspect the center,	150633
type A home, or type B home at least once during operation under a	150634
license designated as provisional. If after the investigation and	150635
inspection the director determines that the requirements of this	150636
chapter and rules adopted pursuant to this chapter are met,	150637
subject to division (H) of this section, the director shall issue	150638
a new license to the center or home.	150639

(E) Each license shall state the name of the licensee, the	150640
name of the administrator, the address of the center, type A home,	150641
or licensed type B home, and the license capacity for each age	150642
category of children. The license shall include thereon, in	150643
accordance with sections 5104.015, 5104.017, and 5104.018 of the	150644
Revised Code, the toll-free telephone number to be used by persons	150645
suspecting that the center, type A home, or licensed type B home	150646
has violated a provision of this chapter or rules adopted pursuant	150647
to this chapter. A license is valid only for the licensee,	150648
administrator, address, and license capacity for each age category	150649
of children designated on the license. The license capacity	150650
specified on the license is the maximum number of children in each	150651
age category that may be cared for in the center, type A home, or	150652
licensed type B home at one time.	150653

The center or type A home licensee shall notify the director	150654
when the administrator of the center or home changes. The director	150655
shall amend the current license to reflect a change in an	150656
administrator, if the administrator meets the requirements of this	150657
chapter and rules adopted pursuant to this chapter, or a change in	150658
license capacity for any age category of children as determined by	150659
the director of job and family services.	150660

(F) If the director revokes the license of a center, a type A	150661
home, or a type B home, the director shall not issue another	150662
license to the owner of the center, type A home, or type B home	150663
until five years have elapsed from the date the license is	150664
revoked.	150665

If the director denies an application for a license, the	150666
director shall not accept another application from the applicant	150667
until five years have elapsed from the date the application is	150668
denied.	150669

(G) If during the application for licensure process the	150670
director determines that the license of the owner has been	150671
revoked, the investigation of the center, type A home, or type B	150672
home shall cease. This action does not constitute denial of the	150673
application and may not be appealed under division (H) of this	150674
section.	150675

(H) All actions of the director with respect to licensing	150676
centers, type A homes, or type B homes, refusal to license, and	150677
revocation of a license shall be in accordance with Chapter 119.	150678
of the Revised Code. Any applicant who is denied a license or any	150679
owner whose license is revoked may appeal in accordance with	150680
section 119.12 of the Revised Code.	150681

(I) In no case shall the director issue a license under this	150682
section for a center, type A home, or type B home if the director,	150683
based on documentation provided by the appropriate county	150684
department of job and family services, determines that the	150685
applicant had been certified as a type B family day-care home when	150686
such certifications were issued by county departments prior to ~~the~~	150687
~~effective date of this amendment~~January 1, 2014, that the county	150688
department revoked that certification within the immediately	150689
preceding five years, that the revocation was based on the	150690
applicant's refusal or inability to comply with the criteria for	150691
certification, and that the refusal or inability resulted in a	150692
risk to the health or safety of children.	150693

(J)(1) Except as provided in division (J)(2) of this section,	150694
an administrator of a type B family day-care home that receives a	150695
license pursuant to this section to provide publicly funded child	150696
care is an independent contractor and is not an employee of the	150697
department of job and family services.	150698

(2) For purposes of Chapter 4141. of the Revised Code,	150699
determinations concerning the employment of an administrator of a	150700
type B family day-care home that receives a license pursuant to	150701
this section shall be determined under Chapter 4141. of the	150702
Revised Code.	150703

Sec. 5104.08. (A) There is hereby created in the department	150704
of job and family services a child care advisory council to advise	150705
and assist the department in the administration of this chapter	150706
and in the development of child care. The council shall consist of	150707
twenty-two voting members appointed by the director of job and	150708
family services with the approval of the governor. The director of	150709
job and family services, the director of developmental	150710
disabilities, the director of ~~mental health~~mental health and	150711
addiction services, the superintendent of public instruction, the	150712
director of health, the director of commerce, and the state fire	150713
marshal shall serve as nonvoting members of the council.	150714

Six members shall be representatives of child care centers	150715
subject to licensing, the members to represent a variety of	150716
centers, including nonprofit and proprietary, from different	150717
geographical areas of the state. At least three members shall be	150718
parents, guardians, or custodians of children receiving child care	150719
or publicly funded child care in the child's own home, a center, a	150720
type A home, a head start program, a licensed type B home, or a	150721
type B home at the time of appointment. Three members shall be	150722
representatives of in-home aides, type A homes, licensed type B	150723
homes, or type B homes or head start programs. At least six	150724
members shall represent county departments of job and family	150725
services. The remaining members shall be representatives of the	150726
teaching, child development, and health professions, and other	150727
individuals interested in the welfare of children. At least six	150728
members of the council shall not be employees or licensees of a	150729
child day-care center, head start program, or type A home, or	150730
providers operating a licensed type B home or type B home, or	150731
in-home aides.	150732

Appointments shall be for three-year terms. Vacancies shall	150733
be filled for the unexpired terms. A member of the council is	150734
subject to removal by the director of job and family services for	150735
a willful and flagrant exercise of authority or power that is not	150736
authorized by law, for a refusal or willful neglect to perform any	150737
official duty as a member of the council imposed by law, or for	150738
being guilty of misfeasance, malfeasance, nonfeasance, or gross	150739
neglect of duty as a member of the council.	150740

There shall be two co-chairpersons of the council. One	150741
co-chairperson shall be the director of job and family services or	150742
the director's designee, and one co-chairperson shall be elected	150743
by the members of the council. The council shall meet as often as	150744
is necessary to perform its duties, provided that it shall meet at	150745
least once in each quarter of each calendar year and at the call	150746
of the co-chairpersons. The co-chairpersons or their designee	150747
shall send to each member a written notice of the date, time, and	150748
place of each meeting.	150749

Members of the council shall serve without compensation, but	150750
shall be reimbursed for necessary expenses.	150751

(B) The child care advisory council shall advise the director	150752
on matters affecting the licensing of centers, type A homes, and	150753
type B homes and the certification of in-home aides. The council	150754
shall make an annual report to the director of job and family	150755
services that addresses the availability, affordability,	150756
accessibility, and quality of child care and that summarizes the	150757
recommendations and plans of action that the council has proposed	150758
to the director during the preceding fiscal year. The director of	150759
job and family services shall provide copies of the report to the	150760
governor, speaker and minority leader of the house of	150761
representatives, and the president and minority leader of the	150762
senate and, on request, shall make copies available to the public.	150763

(C) The director of job and family services shall adopt rules	150764
in accordance with Chapter 119. of the Revised Code to implement	150765
this section.	150766

Sec. 5104.32. (A) Except as provided in division (C) of this	150767
section, all purchases of publicly funded child care shall be made	150768
under a contract entered into by a licensed child day-care center,	150769
licensed type A family day-care home, licensed type B family	150770
day-care home, certified in-home aide, approved child day camp,	150771
licensed preschool program, licensed school child program, or	150772
border state child care provider and the department of job and	150773
family services. All contracts for publicly funded child care	150774
shall be contingent upon the availability of state and federal	150775
funds. The department shall prescribe a standard form to be used	150776
for all contracts for the purchase of publicly funded child care,	150777
regardless of the source of public funds used to purchase the	150778
child care. To the extent permitted by federal law and	150779
notwithstanding any other provision of the Revised Code that	150780
regulates state contracts or contracts involving the expenditure	150781
of state or federal funds, all contracts for publicly funded child	150782
care shall be entered into in accordance with the provisions of	150783
this chapter and are exempt from any other provision of the	150784
Revised Code that regulates state contracts or contracts involving	150785
the expenditure of state or federal funds.	150786

(B) Each contract for publicly funded child care shall	150787
specify at least the following:	150788

(1) That the provider of publicly funded child care agrees to	150789
be paid for rendering services at the lower of the rate	150790
customarily charged by the provider for children enrolled for	150791
child care or the reimbursement ceiling or rate of payment	150792
established pursuant to section 5104.30 of the Revised Code;	150793

(2) That, if a provider provides child care to an individual	150794
potentially eligible for publicly funded child care who is	150795
subsequently determined to be eligible, the department agrees to	150796
pay for all child care provided between the date the county	150797
department of job and family services receives the individual's	150798
completed application and the date the individual's eligibility is	150799
determined;	150800

(3) Whether the county department of job and family services,	150801
the provider, or a child care resource and referral service	150802
organization will make eligibility determinations, whether the	150803
provider or a child care resource and referral service	150804
organization will be required to collect information to be used by	150805
the county department to make eligibility determinations, and the	150806
time period within which the provider or child care resource and	150807
referral service organization is required to complete required	150808
eligibility determinations or to transmit to the county department	150809
any information collected for the purpose of making eligibility	150810
determinations;	150811

(4) That the provider, other than a border state child care	150812
provider, shall continue to be licensed, approved, or certified	150813
pursuant to this chapter and shall comply with all standards and	150814
other requirements in this chapter and in rules adopted pursuant	150815
to this chapter for maintaining the provider's license, approval,	150816
or certification;	150817

(5) That, in the case of a border state child care provider,	150818
the provider shall continue to be licensed, certified, or	150819
otherwise approved by the state in which the provider is located	150820
and shall comply with all standards and other requirements	150821
established by that state for maintaining the provider's license,	150822
certificate, or other approval;	150823

(6) Whether the provider will be paid by the state department	150824
of job and family services or in some other manner as prescribed	150825
by rules adopted under section 5104.42 of the Revised Code;	150826

(7) That the contract is subject to the availability of state	150827
and federal funds.	150828

(C) Unless specifically prohibited by federal law or by rules	150829
adopted under section 5104.42 of the Revised Code, the county	150830
department of job and family services shall give individuals	150831
eligible for publicly funded child care the option of obtaining	150832
certificates that the individual may use to purchase services from	150833
any provider qualified to provide publicly funded child care under	150834
section 5104.31 of the Revised Code. Providers of publicly funded	150835
child care may present these certificates for payment in	150836
accordance with rules that the director of job and family services	150837
shall adopt. Only providers may receive payment for certificates.	150838
The value of the certificate shall be based on the lower of the	150839
rate customarily charged by the provider or the rate of payment	150840
established pursuant to section 5104.30 of the Revised Code. The	150841
county department may provide the certificates to the individuals	150842
or may contract with child care providers or child care resource	150843
and referral service organizations that make determinations of	150844
eligibility for publicly funded child care pursuant to contracts	150845
entered into under section 5104.34 of the Revised Code for the	150846
providers or resource and referral service organizations to	150847
provide the certificates to individuals whom they determine are	150848
eligible for publicly funded child care.	150849

For each six-month period a provider of publicly funded child	150850
care provides publicly funded child care to the child of an	150851
individual given certificates, the individual shall provide the	150852
provider certificates for days the provider would have provided	150853
publicly funded child care to the child had the child been	150854
present. The maximum number of days providers shall be provided	150855
certificates shall not exceed ten days in a six-month period	150856
during which publicly funded child care is provided to the child	150857
regardless of the number of providers that provide publicly funded	150858
child care to the child during that period.	150859

(D)(1) The department shall establish the Ohio electronic	150860
child care system to track attendance and calculate payments for	150861
publicly funded child care. The system shall include issuing an	150862
electronic child care card to each caretaker parent to swipe	150863
through a point of service device issued to an eligible provider,	150864
as described in section 5104.31 of the Revised Code.	150865

(2) Each eligible provider that provides publicly funded	150866
child care shall participate in the Ohio electronic child care	150867
system. A provider participating in the system shall not do any of	150868
the following:	150869

(a) Use or have possession of an electronic child care card	150870
issued to a caretaker parent;	150871

(b) Falsify attendance records;

150872

(c) Knowingly seek payment for publicly funded child care	150873
that was not provided;	150874

(d) Knowingly accept reimbursement for publicly funded child	150875
care that was not provided.	150876

Section 110.21. That the existing versions of sections	150877
109.57, 2151.011, 2923.126, 5104.012, 5104.013, 5104.03, 5104.08,	150878
and 5104.32 of the Revised Code that are scheduled to take effect	150879
January 1, 2014, are hereby repealed.	150880

Section 110.22. Sections 110.20 and 110.21 of this act shall	150881
take effect January 1, 2014, except that the amendments by	150882
Sections 110.20 and 110.21 of this act to divisions (B)(49) and	150883
(50) of section 2151.011 of the Revised Code shall take effect	150884
July 1, 2014.	150885

Section 110.25. That sections 5165.08, 5165.513, 5165.515,	150886
and 5165.99 of the Revised Code as they result from Section 101.01	150887
of this act be amended to read as follows:	150888

Sec. 5165.08. (A) ~~As used in this section:~~

150889

~~"Bed need" means the number of long-term care beds a county~~	150890
~~needs as determined by the director of health pursuant to division~~	150891
~~(B)(3) of section 3702.593 of the Revised Code.~~	150892

~~"Bed need excess" means that a county's bed need is such that~~	150893
~~one or more long-term care beds may be relocated from the county~~	150894
~~according to the director's determination of the county's bed~~	150895
~~need.~~	150896

~~(B)~~ Every provider agreement with a nursing facility provider	150897
shall ~~do both of the following:~~	150898

~~(1) Permit the provider to exclude one or more parts of the~~	150899
~~nursing facility from the provider agreement, even though those~~	150900
~~parts meet federal and state standards for medicaid certification,~~	150901
~~if all of the following apply:~~	150902

~~(a) The nursing facility initially obtained both its nursing~~	150903
~~home license under Chapter 3721. of the Revised Code and medicaid~~	150904
~~certification on or after January 1, 2008.~~	150905

~~(b) The nursing facility is located in a county that has a~~	150906
~~bed need excess at the time the provider excludes the parts from~~	150907
~~the provider agreement.~~	150908

~~(c) Federal law permits the provider to exclude the parts~~	150909
~~from the provider agreement.~~	150910

~~(d) The provider gives the department of medicaid written~~	150911
~~notice of the exclusion not less than forty-five days before the~~	150912
~~first day of the calendar quarter in which the exclusion is to~~	150913
~~occur.~~	150914

~~(2) Prohibit~~prohibit the provider from doing either of the	150915
following:	150916

~~(a)~~(1) Discriminating against a resident on the basis of	150917
race, color, sex, creed, or national origin;	150918

~~(b)~~(2) Subject to division ~~(D)~~(C) of this section, failing or	150919
refusing to do either of the following:	150920

~~(i)~~(a) Except as otherwise prohibited under section 5165.82	150921
of the Revised Code, admit as a resident of the nursing facility	150922
an individual because the individual is, or may (as a resident of	150923
the nursing facility) become, a medicaid recipient unless at least	150924
~~twenty-five~~eighty per cent of the nursing facility's	150925
medicaid-certified beds are occupied by medicaid recipients at the	150926
time the person would otherwise be admitted;	150927

~~(ii)~~(b) Retain as a resident of the nursing facility an	150928
individual because the individual is, or may (as a resident of the	150929
nursing facility) become, a medicaid recipient.	150930

~~(C)~~(B) For the purpose of division ~~(B)~~(A)(2)(b)~~(ii)~~ of this	150931
section, a medicaid recipient who is a resident of a nursing	150932
facility shall be considered a resident of the nursing facility	150933
during any hospital stays totaling less than twenty-five days	150934
during any twelve-month period.	150935

~~(D)~~(C) Nothing in this section shall bar a provider from	150936
doing any of the following:	150937

(1) If the provider is a religious organization operating a	150938
religious or denominational nursing facility from giving	150939
preference to persons of the same religion or denomination;	150940

(2) Giving preference to persons with whom the provider has	150941
contracted to provide continuing care;	150942

(3) If the nursing facility is a county home organized under	150943
Chapter 5155. of the Revised Code, admitting residents exclusively	150944
from the county in which the county home is located;	150945

(4) Retaining residents who have resided in the provider's	150946
nursing facility for not less than one year as private pay	150947
patients and who subsequently become medicaid recipients, but	150948
refusing to accept as a resident any person who is, or may (as a	150949
resident of the nursing facility) become a medicaid recipient, if	150950
all of the following apply:	150951

(a) The provider does not refuse to retain any resident who	150952
has resided in the provider's nursing facility for not less than	150953
one year as a private pay resident because the resident becomes a	150954
medicaid recipient, except as necessary to comply with division	150955
~~(D)~~(C)(4)(b) of this section;	150956

(b) The number of medicaid recipients retained under division	150957
~~(D)~~(C)(4) of this section does not at any time exceed ten per cent	150958
of all the residents in the nursing facility;	150959

(c) On July 1, 1980, all the residents in the nursing	150960
facility were private pay residents.	150961

~~(E)~~(D) No provider shall violate the provider agreement	150962
obligations imposed by this section.	150963

~~(F) A nursing facility provider who excludes one or more~~	150964
~~parts of the nursing facility from a provider agreement pursuant~~	150965
~~to division (B)(1) of this section does not violate division (C)~~	150966
~~of section 3702.53 of the Revised Code.~~	150967

Sec. 5165.513. ~~(A)~~ A provider that enters into a provider	150968
agreement with the department of medicaid under section 5165.511	150969
or 5165.512 of the Revised Code shall do all of the following:	150970

~~(1)~~(A) Comply with all applicable federal statutes and	150971
regulations;	150972

~~(2)~~(B) Comply with section 5165.07 of the Revised Code and	150973
all other applicable state statutes and rules;	150974

~~(3)~~(C) Subject to division (B) of this section, comply with	150975
all the terms and conditions of the exiting operator's provider	150976
agreement, including, but not limited to, all of the following:	150977

~~(a)~~(1) Any plan of correction;

150978

~~(b)~~(2) Compliance with health and safety standards;

150979

~~(c)~~(3) Compliance with the ownership and financial interest	150980
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	150981

~~(d)~~(4) Compliance with the civil rights requirements of 45	150982
C.F.R. parts 80, 84, and 90;	150983

~~(e)~~(5) Compliance with additional requirements imposed by the	150984
department;	150985

~~(f)~~(6) Any sanctions relating to remedies for violation of	150986
the provider agreement, including deficiencies, compliance	150987
periods, accountability periods, monetary penalties, notification	150988
for correction of contract violations, and history of	150989
deficiencies.	150990

~~(B) Division (A)(3) of this section does not prohibit a~~	150991
~~nursing facility provider from excluding one or more parts of the~~	150992
~~nursing facility from the provider agreement pursuant to division~~	150993
~~(B)(1) of section 5165.08 of the Revised Code.~~	150994

Sec. 5165.515. The department of medicaid may enter into a	150995
provider agreement as provided in section 5165.07 of the Revised	150996
Code, rather than section 5165.511 or 5165.512 of the Revised	150997
Code, with an entering operator if the entering operator does not	150998
agree to a provider agreement that satisfies the requirements of	150999
division ~~(A)(3)~~(C) of section 5165.513 of the Revised Code. The	151000
department may not enter into the provider agreement unless the	151001
department of health certifies the nursing facility for	151002
participation in medicaid. The effective date of the provider	151003
agreement shall not precede any of the following:	151004

(A) The date that the department of health certifies the	151005
nursing facility;	151006

(B) The effective date of the change of operator;

151007

(C) The date the requirement of section 5165.51 of the	151008
Revised Code is satisfied.	151009

Sec. 5165.99. (A) Whoever violates section 5165.102 or	151010
division ~~(E)~~(D) of section 5165.08 of the Revised Code shall be	151011
fined not less than five hundred dollars nor more than one	151012
thousand dollars for the first offense and not less than one	151013
thousand dollars nor more than five thousand dollars for each	151014
subsequent offense. Fines paid under this section shall be	151015
deposited in the state treasury to the credit of the general	151016
revenue fund.	151017

(B) Whoever violates division (D) of section 5165.88 of the	151018
Revised Code is guilty of registering a false complaint, a	151019
misdemeanor of the first degree.	151020

Section 110.26. That existing sections 5165.08, 5165.513,	151021
5165.515, and 5165.99 of the Revised Code are hereby repealed.	151022

Section 110.27. Sections 110.25 and 110.26 of this act shall	151023
take effect January 1, 2015.	151024

Section 110.30. That the versions of sections 4501.01 and	151025
4507.06 of the Revised Code that are scheduled to take effect	151026
January 1, 2017, be amended to read as follows:	151027

Sec. 4501.01. As used in this chapter and Chapters 4503.,	151028
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	151029
Revised Code, and in the penal laws, except as otherwise provided:	151030

(A) "Vehicles" means everything on wheels or runners,	151031
including motorized bicycles, but does not mean electric personal	151032
assistive mobility devices, vehicles that are operated exclusively	151033
on rails or tracks or from overhead electric trolley wires, and	151034
vehicles that belong to any police department, municipal fire	151035
department, or volunteer fire department, or that are used by such	151036
a department in the discharge of its functions.	151037

(B) "Motor vehicle" means any vehicle, including mobile homes	151038
and recreational vehicles, that is propelled or drawn by power	151039
other than muscular power or power collected from overhead	151040
electric trolley wires. "Motor vehicle" does not include utility	151041
vehicles as defined in division (VV) of this section, under-speed	151042
vehicles as defined in division (XX) of this section, mini-trucks	151043
as defined in division (BBB) of this section, motorized bicycles,	151044
road rollers, traction engines, power shovels, power cranes, and	151045
other equipment used in construction work and not designed for or	151046
employed in general highway transportation, well-drilling	151047
machinery, ditch-digging machinery, farm machinery, and trailers	151048
that are designed and used exclusively to transport a boat between	151049
a place of storage and a marina, or in and around a marina, when	151050
drawn or towed on a public road or highway for a distance of no	151051
more than ten miles and at a speed of twenty-five miles per hour	151052
or less.	151053

(C) "Agricultural tractor" and "traction engine" mean any	151054
self-propelling vehicle that is designed or used for drawing other	151055
vehicles or wheeled machinery, but has no provisions for carrying	151056
loads independently of such other vehicles, and that is used	151057
principally for agricultural purposes.	151058

(D) "Commercial tractor," except as defined in division (C)	151059
of this section, means any motor vehicle that has motive power and	151060
either is designed or used for drawing other motor vehicles, or is	151061
designed or used for drawing another motor vehicle while carrying	151062
a portion of the other motor vehicle or its load, or both.	151063

(E) "Passenger car" means any motor vehicle that is designed	151064
and used for carrying not more than nine persons and includes any	151065
motor vehicle that is designed and used for carrying not more than	151066
fifteen persons in a ridesharing arrangement.	151067

(F) "Collector's vehicle" means any motor vehicle or	151068
agricultural tractor or traction engine that is of special	151069
interest, that has a fair market value of one hundred dollars or	151070
more, whether operable or not, and that is owned, operated,	151071
collected, preserved, restored, maintained, or used essentially as	151072
a collector's item, leisure pursuit, or investment, but not as the	151073
owner's principal means of transportation. "Licensed collector's	151074
vehicle" means a collector's vehicle, other than an agricultural	151075
tractor or traction engine, that displays current, valid license	151076
tags issued under section 4503.45 of the Revised Code, or a	151077
similar type of motor vehicle that displays current, valid license	151078
tags issued under substantially equivalent provisions in the laws	151079
of other states.	151080

(G) "Historical motor vehicle" means any motor vehicle that	151081
is over twenty-five years old and is owned solely as a collector's	151082
item and for participation in club activities, exhibitions, tours,	151083
parades, and similar uses, but that in no event is used for	151084
general transportation.	151085

(H) "Noncommercial motor vehicle" means any motor vehicle,	151086
including a farm truck as defined in section 4503.04 of the	151087
Revised Code, that is designed by the manufacturer to carry a load	151088
of no more than one ton and is used exclusively for purposes other	151089
than engaging in business for profit.	151090

(I) "Bus" means any motor vehicle that has motor power and is	151091
designed and used for carrying more than nine passengers, except	151092
any motor vehicle that is designed and used for carrying not more	151093
than fifteen passengers in a ridesharing arrangement.	151094

(J) "Commercial car" or "truck" means any motor vehicle that	151095
has motor power and is designed and used for carrying merchandise	151096
or freight, or that is used as a commercial tractor.	151097

(K) "Bicycle" means every device, other than a device that is	151098
designed solely for use as a play vehicle by a child, that is	151099
propelled solely by human power upon which a person may ride, and	151100
that has two or more wheels, any of which is more than fourteen	151101
inches in diameter.	151102

(L) "Motorized bicycle" or "moped" means any vehicle that	151103
either has two tandem wheels or one wheel in the front and two	151104
wheels in the rear, that may be pedaled, and that is equipped with	151105
a helper motor of not more than fifty cubic centimeters piston	151106
displacement that produces no more than one brake horsepower and	151107
is capable of propelling the vehicle at a speed of no greater than	151108
twenty miles per hour on a level surface.	151109

(M) "Trailer" means any vehicle without motive power that is	151110
designed or used for carrying property or persons wholly on its	151111
own structure and for being drawn by a motor vehicle, and includes	151112
any such vehicle that is formed by or operated as a combination of	151113
a semitrailer and a vehicle of the dolly type such as that	151114
commonly known as a trailer dolly, a vehicle used to transport	151115
agricultural produce or agricultural production materials between	151116
a local place of storage or supply and the farm when drawn or	151117
towed on a public road or highway at a speed greater than	151118
twenty-five miles per hour, and a vehicle that is designed and	151119
used exclusively to transport a boat between a place of storage	151120
and a marina, or in and around a marina, when drawn or towed on a	151121
public road or highway for a distance of more than ten miles or at	151122
a speed of more than twenty-five miles per hour. "Trailer" does	151123
not include a manufactured home or travel trailer.	151124

(N) "Noncommercial trailer" means any trailer, except a	151125
travel trailer or trailer that is used to transport a boat as	151126
described in division (B) of this section, but, where applicable,	151127
includes a vehicle that is used to transport a boat as described	151128
in division (M) of this section, that has a gross weight of no	151129
more than ten thousand pounds, and that is used exclusively for	151130
purposes other than engaging in business for a profit, such as the	151131
transportation of personal items for personal or recreational	151132
purposes.	151133

(O) "Mobile home" means a building unit or assembly of closed	151134
construction that is fabricated in an off-site facility, is more	151135
than thirty-five body feet in length or, when erected on site, is	151136
three hundred twenty or more square feet, is built on a permanent	151137
chassis, is transportable in one or more sections, and does not	151138
qualify as a manufactured home as defined in division (C)(4) of	151139
section 3781.06 of the Revised Code or as an industrialized unit	151140
as defined in division (C)(3) of section 3781.06 of the Revised	151141
Code.	151142

(P) "Semitrailer" means any vehicle of the trailer type that	151143
does not have motive power and is so designed or used with another	151144
and separate motor vehicle that in operation a part of its own	151145
weight or that of its load, or both, rests upon and is carried by	151146
the other vehicle furnishing the motive power for propelling	151147
itself and the vehicle referred to in this division, and includes,	151148
for the purpose only of registration and taxation under those	151149
chapters, any vehicle of the dolly type, such as a trailer dolly,	151150
that is designed or used for the conversion of a semitrailer into	151151
a trailer.	151152

(Q) "Recreational vehicle" means a vehicular portable	151153
structure that meets all of the following conditions:	151154

(1) It is designed for the sole purpose of recreational	151155
travel.	151156

(2) It is not used for the purpose of engaging in business	151157
for profit.	151158

(3) It is not used for the purpose of engaging in intrastate	151159
commerce.	151160

(4) It is not used for the purpose of commerce as defined in	151161
49 C.F.R. 383.5, as amended.	151162

(5) It is not regulated by the public utilities commission	151163
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	151164

(6) It is classed as one of the following:

151165

(a) "Travel trailer" or "house vehicle" means a	151166
nonself-propelled recreational vehicle that does not exceed an	151167
overall length of forty feet, exclusive of bumper and tongue or	151168
coupling. "Travel trailer" includes a tent-type fold-out camping	151169
trailer as defined in section 4517.01 of the Revised Code.	151170

(b) "Motor home" means a self-propelled recreational vehicle	151171
that has no fifth wheel and is constructed with permanently	151172
installed facilities for cold storage, cooking and consuming of	151173
food, and for sleeping.	151174

(c) "Truck camper" means a nonself-propelled recreational	151175
vehicle that does not have wheels for road use and is designed to	151176
be placed upon and attached to a motor vehicle. "Truck camper"	151177
does not include truck covers that consist of walls and a roof,	151178
but do not have floors and facilities enabling them to be used as	151179
a dwelling.	151180

(d) "Fifth wheel trailer" means a vehicle that is of such	151181
size and weight as to be movable without a special highway permit,	151182
that is constructed with a raised forward section that allows a	151183
bi-level floor plan, and that is designed to be towed by a vehicle	151184
equipped with a fifth-wheel hitch ordinarily installed in the bed	151185
of a truck.	151186

(e) "Park trailer" means a vehicle that is commonly known as	151187
a park model recreational vehicle, meets the American national	151188
standard institute standard A119.5 (1988) for park trailers, is	151189
built on a single chassis, has a gross trailer area of four	151190
hundred square feet or less when set up, is designed for seasonal	151191
or temporary living quarters, and may be connected to utilities	151192
necessary for the operation of installed features and appliances.	151193

(R) "Pneumatic tires" means tires of rubber and fabric or	151194
tires of similar material, that are inflated with air.	151195

(S) "Solid tires" means tires of rubber or similar elastic	151196
material that are not dependent upon confined air for support of	151197
the load.	151198

(T) "Solid tire vehicle" means any vehicle that is equipped	151199
with two or more solid tires.	151200

(U) "Farm machinery" means all machines and tools that are	151201
used in the production, harvesting, and care of farm products, and	151202
includes trailers that are used to transport agricultural produce	151203
or agricultural production materials between a local place of	151204
storage or supply and the farm, agricultural tractors, threshing	151205
machinery, hay-baling machinery, corn shellers, hammermills, and	151206
machinery used in the production of horticultural, agricultural,	151207
and vegetable products.	151208

(V) "Owner" includes any person or firm, other than a	151209
manufacturer or dealer, that has title to a motor vehicle, except	151210
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	151211
includes in addition manufacturers and dealers.	151212

(W) "Manufacturer" and "dealer" include all persons and firms	151213
that are regularly engaged in the business of manufacturing,	151214
selling, displaying, offering for sale, or dealing in motor	151215
vehicles, at an established place of business that is used	151216
exclusively for the purpose of manufacturing, selling, displaying,	151217
offering for sale, or dealing in motor vehicles. A place of	151218
business that is used for manufacturing, selling, displaying,	151219
offering for sale, or dealing in motor vehicles shall be deemed to	151220
be used exclusively for those purposes even though snowmobiles or	151221
all-purpose vehicles are sold or displayed for sale thereat, even	151222
though farm machinery is sold or displayed for sale thereat, or	151223
even though repair, accessory, gasoline and oil, storage, parts,	151224
service, or paint departments are maintained thereat, or, in any	151225
county having a population of less than seventy-five thousand at	151226
the last federal census, even though a department in a place of	151227
business is used to dismantle, salvage, or rebuild motor vehicles	151228
by means of used parts, if such departments are operated for the	151229
purpose of furthering and assisting in the business of	151230
manufacturing, selling, displaying, offering for sale, or dealing	151231
in motor vehicles. Places of business or departments in a place of	151232
business used to dismantle, salvage, or rebuild motor vehicles by	151233
means of using used parts are not considered as being maintained	151234
for the purpose of assisting or furthering the manufacturing,	151235
selling, displaying, and offering for sale or dealing in motor	151236
vehicles.	151237

(X) "Operator" includes any person who drives or operates a	151238
motor vehicle upon the public highways.	151239

(Y) "Chauffeur" means any operator who operates a motor	151240
vehicle, other than a taxicab, as an employee for hire; or any	151241
operator whether or not the owner of a motor vehicle, other than a	151242
taxicab, who operates such vehicle for transporting, for gain,	151243
compensation, or profit, either persons or property owned by	151244
another. Any operator of a motor vehicle who is voluntarily	151245
involved in a ridesharing arrangement is not considered an	151246
employee for hire or operating such vehicle for gain,	151247
compensation, or profit.	151248

(Z) "State" includes the territories and federal districts of	151249
the United States, and the provinces of Canada.	151250

(AA) "Public roads and highways" for vehicles includes all	151251
public thoroughfares, bridges, and culverts.	151252

(BB) "Manufacturer's number" means the manufacturer's	151253
original serial number that is affixed to or imprinted upon the	151254
chassis or other part of the motor vehicle.	151255

(CC) "Motor number" means the manufacturer's original number	151256
that is affixed to or imprinted upon the engine or motor of the	151257
vehicle.	151258

(DD) "Distributor" means any person who is authorized by a	151259
motor vehicle manufacturer to distribute new motor vehicles to	151260
licensed motor vehicle dealers at an established place of business	151261
that is used exclusively for the purpose of distributing new motor	151262
vehicles to licensed motor vehicle dealers, except when the	151263
distributor also is a new motor vehicle dealer, in which case the	151264
distributor may distribute at the location of the distributor's	151265
licensed dealership.	151266

(EE) "Ridesharing arrangement" means the transportation of	151267
persons in a motor vehicle where the transportation is incidental	151268
to another purpose of a volunteer driver and includes ridesharing	151269
arrangements known as carpools, vanpools, and buspools.	151270

(FF) "Apportionable vehicle" means any vehicle that is used	151271
or intended for use in two or more international registration plan	151272
member jurisdictions that allocate or proportionally register	151273
vehicles, that is used for the transportation of persons for hire	151274
or designed, used, or maintained primarily for the transportation	151275
of property, and that meets any of the following qualifications:	151276

(1) Is a power unit having a gross vehicle weight in excess	151277
of twenty-six thousand pounds;	151278

(2) Is a power unit having three or more axles, regardless of	151279
the gross vehicle weight;	151280

(3) Is a combination vehicle with a gross vehicle weight in	151281
excess of twenty-six thousand pounds.	151282

"Apportionable vehicle" does not include recreational	151283
vehicles, vehicles displaying restricted plates, city pick-up and	151284
delivery vehicles, buses used for the transportation of chartered	151285
parties, or vehicles owned and operated by the United States, this	151286
state, or any political subdivisions thereof.	151287

(GG) "Chartered party" means a group of persons who contract	151288
as a group to acquire the exclusive use of a passenger-carrying	151289
motor vehicle at a fixed charge for the vehicle in accordance with	151290
the carrier's tariff, lawfully on file with the United States	151291
department of transportation, for the purpose of group travel to a	151292
specified destination or for a particular itinerary, either agreed	151293
upon in advance or modified by the chartered group after having	151294
left the place of origin.	151295

(HH) "International registration plan" means a reciprocal	151296
agreement of member jurisdictions that is endorsed by the American	151297
association of motor vehicle administrators, and that promotes and	151298
encourages the fullest possible use of the highway system by	151299
authorizing apportioned registration of fleets of vehicles and	151300
recognizing registration of vehicles apportioned in member	151301
jurisdictions.	151302

(II) "Restricted plate" means a license plate that has a	151303
restriction of time, geographic area, mileage, or commodity, and	151304
includes license plates issued to farm trucks under division (J)	151305
of section 4503.04 of the Revised Code.	151306

(JJ) "Gross vehicle weight," with regard to any commercial	151307
car, trailer, semitrailer, or bus that is taxed at the rates	151308
established under section 4503.042 or 4503.65 of the Revised Code,	151309
means the unladen weight of the vehicle fully equipped plus the	151310
maximum weight of the load to be carried on the vehicle.	151311

(KK) "Combined gross vehicle weight" with regard to any	151312
combination of a commercial car, trailer, and semitrailer, that is	151313
taxed at the rates established under section 4503.042 or 4503.65	151314
of the Revised Code, means the total unladen weight of the	151315
combination of vehicles fully equipped plus the maximum weight of	151316
the load to be carried on that combination of vehicles.	151317

(LL) "Chauffeured limousine" means a motor vehicle that is	151318
designed to carry nine or fewer passengers and is operated for	151319
hire ~~on an hourly basis~~ pursuant to a prearranged contract for the	151320
transportation of passengers on public roads and highways along a	151321
route under the control of the person hiring the vehicle and not	151322
over a defined and regular route. "Prearranged contract" means an	151323
agreement, made in advance of boarding, to provide transportation	151324
from a specific location in a chauffeured limousine ~~at a fixed~~	151325
~~rate per hour or trip~~. "Chauffeured limousine" does not include	151326
any vehicle that is used exclusively in the business of funeral	151327
directing.	151328

(MM) "Manufactured home" has the same meaning as in division	151329
(C)(4) of section 3781.06 of the Revised Code.	151330

(NN) "Acquired situs," with respect to a manufactured home or	151331
a mobile home, means to become located in this state by the	151332
placement of the home on real property, but does not include the	151333
placement of a manufactured home or a mobile home in the inventory	151334
of a new motor vehicle dealer or the inventory of a manufacturer,	151335
remanufacturer, or distributor of manufactured or mobile homes.	151336

(OO) "Electronic" includes electrical, digital, magnetic,	151337
optical, electromagnetic, or any other form of technology that	151338
entails capabilities similar to these technologies.	151339

(PP) "Electronic record" means a record generated,	151340
communicated, received, or stored by electronic means for use in	151341
an information system or for transmission from one information	151342
system to another.	151343

(QQ) "Electronic signature" means a signature in electronic	151344
form attached to or logically associated with an electronic	151345
record.	151346

(RR) "Financial transaction device" has the same meaning as	151347
in division (A) of section 113.40 of the Revised Code.	151348

(SS) "Electronic motor vehicle dealer" means a motor vehicle	151349
dealer licensed under Chapter 4517. of the Revised Code whom the	151350
registrar of motor vehicles determines meets the criteria	151351
designated in section 4503.035 of the Revised Code for electronic	151352
motor vehicle dealers and designates as an electronic motor	151353
vehicle dealer under that section.	151354

(TT) "Electric personal assistive mobility device" means a	151355
self-balancing two non-tandem wheeled device that is designed to	151356
transport only one person, has an electric propulsion system of an	151357
average of seven hundred fifty watts, and when ridden on a paved	151358
level surface by an operator who weighs one hundred seventy pounds	151359
has a maximum speed of less than twenty miles per hour.	151360

(UU) "Limited driving privileges" means the privilege to	151361
operate a motor vehicle that a court grants under section 4510.021	151362
of the Revised Code to a person whose driver's or commercial	151363
driver's license or permit or nonresident operating privilege has	151364
been suspended.	151365

(VV) "Utility vehicle" means a self-propelled vehicle	151366
designed with a bed, principally for the purpose of transporting	151367
material or cargo in connection with construction, agricultural,	151368
forestry, grounds maintenance, lawn and garden, materials	151369
handling, or similar activities.	151370

(WW) "Low-speed vehicle" means a three- or four-wheeled motor	151371
vehicle with an attainable speed in one mile on a paved level	151372
surface of more than twenty miles per hour but not more than	151373
twenty-five miles per hour and with a gross vehicle weight rating	151374
less than three thousand pounds.	151375

(XX) "Under-speed vehicle" means a three- or four-wheeled	151376
vehicle, including a vehicle commonly known as a golf cart, with	151377
an attainable speed on a paved level surface of not more than	151378
twenty miles per hour and with a gross vehicle weight rating less	151379
than three thousand pounds.	151380

(YY) "Motor-driven cycle or motor scooter" means any vehicle	151381
designed to travel on not more than three wheels in contact with	151382
the ground, with a seat for the driver and floor pad for the	151383
driver's feet, and is equipped with a motor with a piston	151384
displacement between fifty and one hundred fifty cubic centimeters	151385
piston displacement that produces not more than five brake	151386
horsepower and is capable of propelling the vehicle at a speed	151387
greater than twenty miles per hour on a level surface.	151388

(ZZ) "Motorcycle" means a motor vehicle with motive power	151389
having a seat or saddle for the use of the operator, designed to	151390
travel on not more than three wheels in contact with the ground,	151391
and having no occupant compartment top or occupant compartment top	151392
that can be installed or removed by the user.	151393

(AAA) "Cab-enclosed motorcycle" means a motor vehicle with	151394
motive power having a seat or saddle for the use of the operator,	151395
designed to travel on not more than three wheels in contact with	151396
the ground, and having an occupant compartment top or an occupant	151397
compartment top that can be installed or removed by the user.	151398

(BBB) "Mini-truck" means a vehicle that has four wheels, is	151399
propelled by an electric motor with a rated power of seven	151400
thousand five hundred watts or less or an internal combustion	151401
engine with a piston displacement capacity of six hundred sixty	151402
cubic centimeters or less, has a total dry weight of nine hundred	151403
to two thousand two hundred pounds, contains an enclosed cabin and	151404
a seat for the vehicle operator, resembles a pickup truck or van	151405
with a cargo area or bed located at the rear of the vehicle, and	151406
was not originally manufactured to meet federal motor vehicle	151407
safety standards.	151408

Sec. 4507.06. (A)(1) Every application for a driver's	151409
license, motorcycle operator's license or endorsement, or	151410
motor-driven cycle or motor scooter license or endorsement, or	151411
duplicate of any such license or endorsement, shall be made upon	151412
the approved form furnished by the registrar of motor vehicles and	151413
shall be signed by the applicant.	151414

Every application shall state the following:

151415

(a) The applicant's name, date of birth, social security	151416
number if such has been assigned, sex, general description,	151417
including height, weight, color of hair, and eyes, residence	151418
address, including county of residence, duration of residence in	151419
this state, and country of citizenship;	151420

(b) Whether the applicant previously has been licensed as an	151421
operator, chauffeur, driver, commercial driver, or motorcycle	151422
operator and, if so, when, by what state, and whether such license	151423
is suspended or canceled at the present time and, if so, the date	151424
of and reason for the suspension or cancellation;	151425

(c) Whether the applicant is now or ever has been afflicted	151426
with epilepsy, or whether the applicant now is suffering from any	151427
physical or mental disability or disease and, if so, the nature	151428
and extent of the disability or disease, giving the names and	151429
addresses of physicians then or previously in attendance upon the	151430
applicant;	151431

(d) Whether an applicant for a duplicate driver's license,	151432
duplicate license containing a motorcycle operator endorsement, or	151433
duplicate license containing a motor-driven cycle or motor scooter	151434
endorsement has pending a citation for violation of any motor	151435
vehicle law or ordinance, a description of any such citation	151436
pending, and the date of the citation;	151437

(e) ~~Whether~~If an applicant has not certified the applicant's	151438
willingness to make an anatomical gift under section 2108.05 of	151439
the Revised Code, whether the applicant wishes to certify	151440
willingness to make such an anatomical gift ~~under section 2108.05~~	151441
~~of the Revised Code~~, which shall be given no consideration in the	151442
issuance of a license or endorsement;	151443

(f) Whether the applicant has executed a valid durable power	151444
of attorney for health care pursuant to sections 1337.11 to	151445
1337.17 of the Revised Code or has executed a declaration	151446
governing the use or continuation, or the withholding or	151447
withdrawal, of life-sustaining treatment pursuant to sections	151448
2133.01 to 2133.15 of the Revised Code and, if the applicant has	151449
executed either type of instrument, whether the applicant wishes	151450
the applicant's license to indicate that the applicant has	151451
executed the instrument;	151452

(g) On and after October 7, 2009, whether the applicant is a	151453
veteran, active duty, or reservist of the armed forces of the	151454
United States and, if the applicant is such, whether the applicant	151455
wishes the applicant's license to indicate that the applicant is a	151456
veteran, active duty, or reservist of the armed forces of the	151457
United States by a military designation on the license.	151458

(2) Every applicant for a driver's license shall be	151459
photographed in color at the time the application for the license	151460
is made. The application shall state any additional information	151461
that the registrar requires.	151462

(B) The registrar or a deputy registrar, in accordance with	151463
section 3503.11 of the Revised Code, shall register as an elector	151464
any person who applies for a license or endorsement under division	151465
(A) of this section, or for a renewal or duplicate of the license	151466
or endorsement, if the applicant is eligible and wishes to be	151467
registered as an elector. The decision of an applicant whether to	151468
register as an elector shall be given no consideration in the	151469
decision of whether to issue the applicant a license or	151470
endorsement, or a renewal or duplicate.	151471

(C) The registrar or a deputy registrar, in accordance with	151472
section 3503.11 of the Revised Code, shall offer the opportunity	151473
of completing a notice of change of residence or change of name to	151474
any applicant for a driver's license or endorsement under division	151475
(A) of this section, or for a renewal or duplicate of the license	151476
or endorsement, if the applicant is a registered elector who has	151477
changed the applicant's residence or name and has not filed such a	151478
notice.	151479

(D) In addition to any other information it contains, on and	151480
after October 7, 2009, the approved form furnished by the	151481
registrar of motor vehicles for an application for a license or	151482
endorsement or an application for a duplicate of any such license	151483
or endorsement shall inform applicants that the applicant must	151484
present a copy of the applicant's DD-214 or an equivalent document	151485
in order to qualify to have the license or duplicate indicate that	151486
the applicant is a veteran, active duty, or reservist of the armed	151487
forces of the United States based on a request made pursuant to	151488
division (A)(1)(g) of this section.	151489

Section 110.31. That the existing versions of sections	151490
4501.01 and 4507.06 of the Revised Code that are scheduled to take	151491
effect January 1, 2017, are hereby repealed.	151492

Section 110.32. Sections 110.30 and 110.31 of this act shall	151493
take effect January 1, 2017.	151494

Section 120.10. That the versions of sections 3302.20,	151495
3310.08, 3313.981, 3314.091, 3317.01, 3317.02, 3317.022,	151496
3317.0217, 3317.03, 3317.16, 3317.30, and 5751.21 that result from	151497
Section 101.01 of this act and sections 3310.41, 3311.52,	151498
3317.024, 3317.033, 3317.081, 3317.201, 3318.18, 3318.42, 3327.05,	151499
3328.32, 3328.33, and 5727.85 be amended and section 3317.034 of	151500
the Revised Code be enacted to read as follows:	151501

Sec. 3302.20. (A) The department of education shall develop	151502
standards for determining, from the existing data reported in	151503
accordance with sections 3301.0714 and 3314.17 of the Revised	151504
Code, the amount of annual operating expenditures for classroom	151505
instructional purposes and for nonclassroom purposes for each	151506
city, exempted village, local, and joint vocational school	151507
district, each community school established under Chapter 3314.	151508
that is not an internet- or computer-based community school, each	151509
internet- or computer-based community school, and each STEM school	151510
established under Chapter 3326. of the Revised Code. The	151511
department shall present those standards to the state board of	151512
education for consideration. In developing the standards, the	151513
department shall adapt existing standards used by professional	151514
organizations, research organizations, and other state	151515
governments. The department also shall align the expenditure	151516
categories required for reporting under the standards with the	151517
categories that are required for reporting to the United States	151518
department of education under federal law.	151519

The state board shall consider the proposed standards and	151520
adopt a final set of standards not later than December 31, 2012.	151521
School districts, community schools, and STEM schools shall begin	151522
reporting data in accordance with the standards on June 30, 2013.	151523

(B)(1) The department shall categorize all city, exempted	151524
village, and local school districts into not less than three nor	151525
more than five groups based primarily on average daily student	151526
enrollment as reported on the most recent report card issued for	151527
each district under section 3302.03 of the Revised Code.	151528

(2) The department shall categorize all joint vocational	151529
school districts into not less than three nor more than five	151530
groups based primarily on ~~average daily membership~~formula ADM as	151531
~~reported under division (D) of~~that term is defined in section	151532
~~3317.03~~3317.02 of the Revised Code rounded to the nearest whole	151533
number.	151534

(3) The department shall categorize all community schools	151535
that are not internet- or computer-based community schools into	151536
not less than three nor more than five groups based primarily on	151537
average daily student enrollment as reported on the most recent	151538
report card issued for each community school under sections	151539
3302.03 and 3314.012 of the Revised Code or, in the case of a	151540
school to which section 3314.017 of the Revised Code applies, on	151541
the total number of students reported under divisions (B)(2)(a)	151542
and (b) of section 3314.08 of the Revised Code.	151543

(4) The department shall categorize all internet- or	151544
computer-based community schools into a single category.	151545

(5) The department shall categorize all STEM schools into a	151546
single category.	151547

(C) Using the standards adopted under division (A) of this	151548
section and the data reported under sections 3301.0714 and 3314.17	151549
of the Revised Code, the department shall compute annually for	151550
each fiscal year, the following:	151551

(1) The percentage of each district's, community school's, or	151552
STEM school's total operating budget spent for classroom	151553
instructional purposes;	151554

(2) The statewide average percentage for all districts,	151555
community schools, and STEM schools combined spent for classroom	151556
instructional purposes;	151557

(3) The average percentage for each of the categories of	151558
districts and schools established under division (B) of this	151559
section spent for classroom instructional purposes;	151560

(4) The ranking of each district, community school, or STEM	151561
school within its respective category established under division	151562
(B) of this section according to the following:	151563

(a) From highest to lowest percentage spent for classroom	151564
instructional purposes;	151565

(b) From lowest to highest percentage spent for	151566
noninstructional purposes.	151567

(D) In its display of rankings within each category under	151568
division (C)(4) of this section, the department shall make the	151569
following notations:	151570

(1) Within each category of city, exempted village, and local	151571
school districts, the department shall denote each district that	151572
is:	151573

(a) Among the twenty per cent of all city, exempted village,	151574
and local school districts statewide with the lowest total	151575
operating expenditures per pupil;	151576

(b) Among the twenty per cent of all city, exempted village,	151577
and local school districts statewide with the highest performance	151578
index scores.	151579

(2) Within each category of joint vocational school	151580
districts, the department shall denote each district that is:	151581

(a) Among the twenty per cent of all joint vocational school	151582
districts statewide with the lowest total operating expenditures	151583
per pupil;	151584

(b) Among the twenty per cent of all joint vocational school	151585
districts statewide with the highest report card scores under	151586
section 3302.033 of the Revised Code.	151587

(3) Within each category of community schools that are not	151588
internet- or computer-based community schools, the department	151589
shall denote each school that is:	151590

(a) Among the twenty per cent of all such community schools	151591
statewide with the lowest total operating expenditures per pupil;	151592

(b) Among the twenty per cent of all such community schools	151593
statewide with the highest performance index scores, excluding	151594
such community schools to which section 3314.017 of the Revised	151595
Code applies.	151596

(4) Within the category of internet- or computer-based	151597
community schools, the department shall denote each school that	151598
is:	151599

(a) Among the twenty per cent of all such community schools	151600
statewide with the lowest total operating expenditures per pupil;	151601

(b) Among the twenty per cent of all such community schools	151602
statewide with the highest performance index scores, excluding	151603
such community schools to which section 3314.017 of the Revised	151604
Code applies.	151605

(5) Within the category of STEM schools, the department shall	151606
denote each school that is:	151607

(a) Among the twenty per cent of all STEM schools statewide	151608
with the lowest total operating expenditures per pupil;	151609

(b) Among the twenty per cent of all STEM schools statewide	151610
with the highest performance index scores.	151611

For purposes of divisions (D)(3)(b) and (4)(b) of this	151612
section, the display shall note that, in accordance with section	151613
3314.017 of the Revised Code, a performance index score is not	151614
reported for some community schools that serve primarily students	151615
enrolled in dropout prevention and recovery programs.	151616

(E) The department shall post in a prominent location on its	151617
web site the information prescribed by divisions (C) and (D) of	151618
this section. The department also shall include on each	151619
district's, community school's, and STEM school's annual report	151620
card issued under section 3302.03 or 3314.017 of the Revised Code	151621
the respective information computed for the district or school	151622
under divisions (C)(1) and (4) of this section, the statewide	151623
information computed under division (C)(2) of this section, and	151624
the information computed for the district's or school's category	151625
under division (C)(3) of this section.	151626

(F) As used in this section:

151627

(1) "Internet- or computer-based community school" has the	151628
same meaning as in section 3314.02 of the Revised Code.	151629

(2) A school district's, community school's, or STEM school's	151630
performance index score rank is its performance index score rank	151631
as computed under section 3302.21 of the Revised Code.	151632

(3) "Operating expenditures per pupil" has the same meaning	151633
as "expenditure per equivalent pupils" as defined in section	151634
3302.26 of the Revised Code.	151635

Sec. 3310.08. (A) The amount paid for an eligible student	151636
under the educational choice scholarship pilot program shall be	151637
the lesser of the tuition of the chartered nonpublic school in	151638
which the student is enrolled or the maximum amount prescribed in	151639
section 3310.09 of the Revised Code.	151640

(B)(1) The department of education shall pay to the parent of	151641
each eligible student for whom a scholarship is awarded under the	151642
program, or to the student if at least eighteen years of age,	151643
periodic partial payments of the scholarship.	151644

(2) The department shall proportionately reduce or terminate	151645
the payments for any student who withdraws from a chartered	151646
nonpublic school prior to the end of the school year.	151647

(C)(1) The department shall deduct from the payments made to	151648
each school district under Chapter 3317., and if necessary,	151649
sections 321.24 and 323.156 of the Revised Code, the amount paid	151650
under division (B) of this section for each eligible student who	151651
qualifies for a scholarship under section 3310.03 of the Revised	151652
Code and who is entitled under section 3313.64 or 3313.65 of the	151653
Revised Code to attend school in the district. In the case of a	151654
student entitled to attend school in a school district under	151655
division (B)(2)(a) of section 3313.64 or division (C) of section	151656
3313.65 of the Revised Code, the department shall deduct the	151657
payments from the school district ~~that includes the student~~ in ~~its~~	151658
~~average daily membership~~whose formula ADM the student is	151659
included, as ~~reported to the department under~~that term is defined	151660
in section ~~3317.03~~3317.02 of the Revised Code~~, as determined by~~	151661
~~the department~~.	151662

(2) If the department reduces or terminates payments to a	151663
parent or a student, as prescribed in division (B)(2) of this	151664
section, and the student enrolls in the schools of the student's	151665
resident district or in a community school, established under	151666
Chapter 3314. of the Revised Code, before the end of the school	151667
year, the department shall proportionally restore to the resident	151668
district the amount deducted for that student under division	151669
(C)(1) of this section.	151670

Sec. 3310.41. (A) As used in this section:

151671

(1) "Alternative public provider" means either of the	151672
following providers that agrees to enroll a child in the	151673
provider's special education program to implement the child's	151674
individualized education program and to which the child's parent	151675
owes fees for the services provided to the child:	151676

(a) A school district that is not the school district in	151677
which the child is entitled to attend school;	151678

(b) A public entity other than a school district.

151679

(2) "Entitled to attend school" means entitled to attend	151680
school in a school district under section 3313.64 or 3313.65 of	151681
the Revised Code.	151682

(3) "Formula ADM" and "category six special education ADM"	151683
have the same meanings as in section 3317.02 of the Revised Code.	151684

(4) "Preschool child with a disability" and "individualized	151685
education program" have the same meanings as in section 3323.01 of	151686
the Revised Code.	151687

(5) "Parent" has the same meaning as in section 3313.64 of	151688
the Revised Code, except that "parent" does not mean a parent	151689
whose custodial rights have been terminated.	151690

(6) "Preschool scholarship ADM" means the number of preschool	151691
children with disabilities ~~reported~~certified under division	151692
(B)(3)(h) of section 3317.03 of the Revised Code.	151693

(7) "Qualified special education child" is a child for whom	151694
all of the following conditions apply:	151695

(a) The school district in which the child is entitled to	151696
attend school has identified the child as autistic. A child who	151697
has been identified as having a "pervasive developmental disorder	151698
- not otherwise specified (PPD-NOS)" shall be considered to be an	151699
autistic child for purposes of this section.	151700

(b) The school district in which the child is entitled to	151701
attend school has developed an individualized education program	151702
under Chapter 3323. of the Revised Code for the child.	151703

151704

(i) Was enrolled in the school district in which the child is	151705
entitled to attend school in any grade from preschool through	151706
twelve in the school year prior to the year in which a scholarship	151707
under this section is first sought for the child; or	151708

(ii) Is eligible to enter school in any grade preschool	151709
through twelve in the school district in which the child is	151710
entitled to attend school in the school year in which a	151711
scholarship under this section is first sought for the child.	151712

(8) "Registered private provider" means a nonpublic school or	151713
other nonpublic entity that has been approved by the department of	151714
education to participate in the program established under this	151715
section.	151716

(9) "Special education program" means a school or facility	151717
that provides special education and related services to children	151718
with disabilities.	151719

(B) There is hereby established the autism scholarship	151720
program. Under the program, the department of education shall pay	151721
a scholarship to the parent of each qualified special education	151722
child upon application of that parent pursuant to procedures and	151723
deadlines established by rule of the state board of education.	151724
Each scholarship shall be used only to pay tuition for the child	151725
on whose behalf the scholarship is awarded to attend a special	151726
education program that implements the child's individualized	151727
education program and that is operated by an alternative public	151728
provider or by a registered private provider, and to pay for other	151729
services agreed to by the provider and the parent of a qualified	151730
special education child that are not included in the	151731
individualized education program but are associated with educating	151732
the child. Upon agreement with the parent of a qualified special	151733
education child, the alternative public provider or the registered	151734
private provider may modify the services provided to the child.	151735
Each scholarship shall be in an amount not to exceed the lesser of	151736
the tuition charged for the child by the special education program	151737
or twenty thousand dollars. The purpose of the scholarship is to	151738
permit the parent of a qualified special education child the	151739
choice to send the child to a special education program, instead	151740
of the one operated by or for the school district in which the	151741
child is entitled to attend school, to receive the services	151742
prescribed in the child's individualized education program once	151743
the individualized education program is finalized and any other	151744
services agreed to by the provider and the parent of a qualified	151745
special education child. The services provided under the	151746
scholarship shall include an educational component or services	151747
designed to assist the child to benefit from the child's	151748
education.	151749

A scholarship under this section shall not be awarded to the	151750
parent of a child while the child's individualized education	151751
program is being developed by the school district in which the	151752
child is entitled to attend school, or while any administrative or	151753
judicial mediation or proceedings with respect to the content of	151754
the child's individualized education program are pending. A	151755
scholarship under this section shall not be used for a child to	151756
attend a public special education program that operates under a	151757
contract, compact, or other bilateral agreement between the school	151758
district in which the child is entitled to attend school and	151759
another school district or other public provider, or for a child	151760
to attend a community school established under Chapter 3314. of	151761
the Revised Code. However, nothing in this section or in any rule	151762
adopted by the state board shall prohibit a parent whose child	151763
attends a public special education program under a contract,	151764
compact, or other bilateral agreement, or a parent whose child	151765
attends a community school, from applying for and accepting a	151766
scholarship under this section so that the parent may withdraw the	151767
child from that program or community school and use the	151768
scholarship for the child to attend a special education program	151769
for which the parent is required to pay for services for the	151770
child.	151771

Except for development of the child's individualized	151772
education program, the school district in which a qualified	151773
special education child is entitled to attend school and the	151774
child's school district of residence, as defined in section	151775
3323.01 of the Revised Code, if different, are not obligated to	151776
provide the child with a free appropriate public education under	151777
Chapter 3323. of the Revised Code for as long as the child	151778
continues to attend the special education program operated by	151779
either an alternative public provider or a registered private	151780
provider for which a scholarship is awarded under the autism	151781
scholarship program. If at any time, the eligible applicant for	151782
the child decides no longer to accept scholarship payments and	151783
enrolls the child in the special education program of the school	151784
district in which the child is entitled to attend school, that	151785
district shall provide the child with a free appropriate public	151786
education under Chapter 3323. of the Revised Code.	151787

A child attending a special education program with a	151788
scholarship under this section shall continue to be entitled to	151789
transportation to and from that program in the manner prescribed	151790
by law.	151791

(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and	151792
(B)(10) of section 3317.03 of the Revised Code, a child who is not	151793
a preschool child with a disability for whom a scholarship is	151794
awarded under this section shall be counted in the formula ADM and	151795
the category six special education ADM of the district in which	151796
the child is entitled to attend school and not in the formula ADM	151797
and the category six special education ADM of any other school	151798
district. As prescribed in divisions (B)(3)(h) and (B)(10) of	151799
section 3317.03 of the Revised Code, a child who is a preschool	151800
child with a disability for whom a scholarship is awarded under	151801
this section shall be counted in the preschool scholarship ADM and	151802
category six special education ADM of the school district in which	151803
the child is entitled to attend school and not in the preschool	151804
scholarship ADM or category six special education ADM of any other	151805
school district.	151806

(2) In each fiscal year, the department shall deduct from the	151807
amounts paid to each school district under Chapter 3317. of the	151808
Revised Code, and, if necessary, sections 321.24 and 323.156 of	151809
the Revised Code, the aggregate amount of scholarships awarded	151810
under this section for qualified special education children	151811
included in the formula ADM, or preschool scholarship ADM, and in	151812
the category six special education ADM of that school district as	151813
provided in division (C)(1) of this section.	151814

The scholarships deducted shall be considered as an approved	151815
special education and related services expense of the school	151816
district.	151817

(3) From time to time, the department shall make a payment to	151818
the parent of each qualified special education child for whom a	151819
scholarship has been awarded under this section. The scholarship	151820
amount shall be proportionately reduced in the case of any such	151821
child who is not enrolled in the special education program for	151822
which a scholarship was awarded under this section for the entire	151823
school year. The department shall make no payments to the parent	151824
of a child while any administrative or judicial mediation or	151825
proceedings with respect to the content of the child's	151826
individualized education program are pending.	151827

(D) A scholarship shall not be paid to a parent for payment	151828
of tuition owed to a nonpublic entity unless that entity is a	151829
registered private provider. The department shall approve entities	151830
that meet the standards established by rule of the state board for	151831
the program established under this section.	151832

(E) The state board shall adopt rules under Chapter 119. of	151833
the Revised Code prescribing procedures necessary to implement	151834
this section, including, but not limited to, procedures and	151835
deadlines for parents to apply for scholarships, standards for	151836
registered private providers, and procedures for approval of	151837
entities as registered private providers.	151838

The rules also shall specify that intervention services under	151839
the autism scholarship program may be provided by a qualified,	151840
credentialed provider, including, but not limited to, all of the	151841
following:	151842

(1) A behavior analyst certified by a nationally recognized	151843
organization that certifies behavior analysts;	151844

(2) A psychologist licensed to practice in this state under	151845
Chapter 4732. of the Revised Code;	151846

(3) A school psychologist licensed by the state board under	151847
section 3319.22 of the Revised Code;	151848

(4) Any person employed by a licensed psychologist or	151849
licensed school psychologist, while carrying out specific tasks,	151850
under the licensee's supervision, as an extension of the	151851
licensee's legal and ethical authority as specified under Chapter	151852
4732. of the Revised Code who is ascribed as "psychology trainee,"	151853
"psychology assistant," "psychology intern," or other appropriate	151854
term that clearly implies their supervised or training status;	151855

(5) Unlicensed persons holding a doctoral degree in	151856
psychology or special education from a program approved by the	151857
state board;	151858

(6) Any other qualified individual as determined by the state	151859
board.	151860

(F) The department shall provide reasonable notice to all	151861
parents of children receiving a scholarship under the autism	151862
scholarship program, alternative public providers, and registered	151863
private providers of any amendment to a rule governing, or change	151864
in the administration of, the autism scholarship program.	151865

Sec. 3311.52. A cooperative education school district may be	151866
established pursuant to divisions (A) to (C) of this section or	151867
pursuant to section 3311.521 of the Revised Code.	151868

(A) A cooperative education school district may be	151869
established upon the adoption of identical resolutions within a	151870
sixty-day period by a majority of the members of the board of	151871
education of each city, local, and exempted village school	151872
district that is within the territory of a county school financing	151873
district.	151874

A copy of each resolution shall be filed with the governing	151875
board of the educational service center which created the county	151876
school financing district. Upon the filing of the last such	151877
resolution, the educational service center governing board shall	151878
immediately notify each board of education filing such a	151879
resolution of the date on which the last resolution was filed.	151880

Ten days after the date on which the last resolution is filed	151881
with the educational service center governing board or ten days	151882
after the last of any notices required under division (C) of this	151883
section is received by the educational service center governing	151884
board, whichever is later, the county school financing district	151885
shall be dissolved and the new cooperative education school	151886
district and the board of education of the cooperative education	151887
school district shall be established.	151888

On the date that any county school financing district is	151889
dissolved and a cooperative education school district is	151890
established under this section, each of the following shall apply:	151891

(1) The territory of the dissolved district becomes the	151892
territory of the new district.	151893

(2) Any outstanding tax levy in force in the dissolved	151894
district shall be spread over the territory of the new district	151895
and shall remain in force in the new district until the levy	151896
expires or is renewed.	151897

(3) Any funds of the dissolved district shall be paid over in	151898
full to the new district.	151899

(4) Any net indebtedness of the dissolved district shall be	151900
assumed in full by the new district. As used in division (A)(4) of	151901
this section, "net indebtedness" means the difference between the	151902
par value of the outstanding and unpaid bonds and notes of the	151903
dissolved district and the amount held in the sinking fund and	151904
other indebtedness retirement funds for their redemption.	151905

When a county school financing district is dissolved and a	151906
cooperative education school district is established under this	151907
section, the governing board of the educational service center	151908
that created the dissolved district shall give written notice of	151909
this fact to the county auditor and the board of elections of each	151910
county having any territory in the new district.	151911

(B) The resolutions adopted under division (A) of this	151912
section shall include all of the following provisions:	151913

(1) Provision that the governing board of the educational	151914
service center which created the county school financing district	151915
shall be the board of education of the cooperative education	151916
school district, except that provision may be made for the	151917
composition, selection, and terms of office of an alternative	151918
board of education of the cooperative district, which board shall	151919
include at least one member selected from or by the members of the	151920
board of education of each city, local, and exempted village	151921
school district and at least one member selected from or by the	151922
members of the educational service center governing board within	151923
the territory of the cooperative district;	151924

(2) Provision that the treasurer and superintendent of the	151925
educational service center which created the county school	151926
financing district shall be the treasurer and superintendent of	151927
the cooperative education school district, except that provision	151928
may be made for the selection of a treasurer or superintendent of	151929
the cooperative district other than the treasurer or	151930
superintendent of the educational service center, which provision	151931
shall require one of the following:	151932

(a) The selection of one person as both the treasurer and	151933
superintendent of the cooperative district, which provision may	151934
require such person to be the treasurer or superintendent of any	151935
city, local, or exempted village school district or educational	151936
service center within the territory of the cooperative district;	151937

(b) The selection of one person as the treasurer and another	151938
person as the superintendent of the cooperative district, which	151939
provision may require either one or both such persons to be	151940
treasurers or superintendents of any city, local, or exempted	151941
village school districts or educational service center within the	151942
territory of the cooperative district.	151943

(3) A statement of the educational program the board of	151944
education of the cooperative education school district will	151945
conduct, including but not necessarily limited to the type of	151946
educational program, the grade levels proposed for inclusion in	151947
the program, the timetable for commencing operation of the	151948
program, and the facilities proposed to be used or constructed to	151949
be used by the program;	151950

(4) A statement of the annual amount, or the method for	151951
determining that amount, of funds or services or facilities that	151952
each city, local, and exempted village school district within the	151953
territory of the cooperative district is required to pay to or	151954
provide for the use of the board of education of the cooperative	151955
education school district;	151956

(5) Provision for adopting amendments to the provisions of	151957
divisions (B)(2) to (4) of this section.	151958

(C) If the resolutions adopted under division (A) of this	151959
section provide for a board of education of the cooperative	151960
education school district that is not the governing board of the	151961
educational service center that created the county school	151962
financing district, each board of education of each city, local,	151963
or exempted village school district and the governing board of the	151964
educational service center within the territory of the cooperative	151965
district shall, within thirty days after the date on which the	151966
last resolution is filed with the educational service center	151967
governing board under division (A) of this section, select one or	151968
more members of the board of education of the cooperative district	151969
as provided in the resolutions filed with the educational service	151970
center governing board. Each such board shall immediately notify	151971
the educational service center governing board of each such	151972
selection.	151973

(D) Except for the powers and duties in this chapter and	151974
Chapters 124., 3317., 3318., 3323., and 3331. of the Revised Code,	151975
a cooperative education school district established pursuant to	151976
divisions (A) to (C) of this section or pursuant to section	151977
3311.521 of the Revised Code has all the powers of a city school	151978
district and its board of education has all the powers and duties	151979
of a board of education of a city school district with respect to	151980
the educational program specified in the resolutions adopted under	151981
division (A) of this section. All laws applicable to a city school	151982
district or the board of education or the members of the board of	151983
education of a city school district, except such laws in this	151984
chapter and Chapters 124., 3317., 3318., 3323., and 3331. of the	151985
Revised Code, are applicable to a cooperative education school	151986
district and its board.	151987

The treasurer and superintendent of a cooperative education	151988
school district shall have the same respective duties and powers	151989
as a treasurer and superintendent of a city school district,	151990
except for any powers and duties in this chapter and Chapters	151991
124., 3317., 3318., 3323., and 3331. of the Revised Code.	151992

(E) For purposes of this title, any student included in the	151993
formula ADM ~~certified~~calculated for any city, exempted village,	151994
or local school district under section 3317.03 of the Revised Code	151995
by virtue of being counted, in whole or in part, in the ~~average~~	151996
~~daily membership~~enrollment of a cooperative education school	151997
district under division (A)(2)(f) of that section shall be	151998
construed to be enrolled both in that city, exempted village, or	151999
local school district and in that cooperative education school	152000
district. This division shall not be construed to mean that any	152001
such individual student may be counted more than once for purposes	152002
of determining the ~~average daily membership~~formula ADM of any one	152003
school district.	152004

Sec. 3313.981. (A) The state board of education shall adopt	152005
rules requiring all of the following:	152006

(1) The board of education of each city, exempted village,	152007
and local school district to annually report to the department of	152008
education all of the following:	152009

(a) The number of adjacent district or other district	152010
students, as applicable, and adjacent district or other district	152011
joint vocational students, as applicable, enrolled in the district	152012
and the number of native students enrolled in adjacent or other	152013
districts, in accordance with a policy adopted under division (B)	152014
of section 3313.98 of the Revised Code;	152015

(b) Each adjacent district or other district student's or	152016
adjacent district or other district joint vocational student's	152017
date of enrollment in the district;	152018

(c) The full-time equivalent number of adjacent district or	152019
other district students enrolled in each of the categories of	152020
career-technical education programs or classes described in	152021
section 3317.014 of the Revised Code ;	152022

(d) Each native student's date of enrollment in an adjacent	152023
or other district.	152024

(2) The board of education of each joint vocational school	152025
district to annually report to the department all of the	152026
following:	152027

(a) The number of adjacent district or other district joint	152028
vocational students, as applicable, enrolled in the district;	152029

(b) The full-time equivalent number of adjacent district or	152030
other district joint vocational students enrolled in each category	152031
of career-technical education programs or classes described in	152032
section 3317.014 of the Revised Code ;	152033

(c) For each adjacent district or other district joint	152034
vocational student, the city, exempted village, or local school	152035
district in which the student is also enrolled.	152036

(3) Prior to the ~~first full school week in October each year~~	152037
end of each reporting period specified in section 3317.03 of the	152038
Revised Code, the superintendent of each city, local, or exempted	152039
village school district that admits adjacent district or other	152040
district students or adjacent district or other district joint	152041
vocational students in accordance with a policy adopted under	152042
division (B) of section 3313.98 of the Revised Code to ~~notify~~	152043
report to the department of education each adjacent or other	152044
~~district~~district's students and where those students who are	152045
enrolled in the superintendent's district under the policy are	152046
entitled to attend school under section 3313.64 or 3313.65 of the	152047
Revised Code ~~of the number of the adjacent or other district's~~	152048
~~native students who are enrolled in the superintendent's district~~	152049
~~under the policy~~.	152050

The rules shall provide for the method of counting students	152051
who are enrolled for part of a school year in an adjacent or other	152052
district or as an adjacent district or other district joint	152053
vocational student.	152054

(B) From the payments made to a city, exempted village, or	152055
local school district under Chapter 3317. of the Revised Code and,	152056
if necessary, from the payments made to the district under	152057
sections 321.24 and 323.156 of the Revised Code, the department of	152058
education shall annually subtract both of the following:	152059

(1) An amount equal to the number of the district's native	152060
students reported under division (A)(1) of this section who are	152061
enrolled in adjacent or other school districts pursuant to	152062
policies adopted by such districts under division (B) of section	152063
3313.98 of the Revised Code multiplied by the formula amount;	152064

(2) The excess costs computed in accordance with division (E)	152065
of this section for any such native students receiving special	152066
education and related services in adjacent or other school	152067
districts or as an adjacent district or other district joint	152068
vocational student;	152069

(3) For the each of the district's native students reported	152070
under division (A)(1)(c) or (2)(b) of this section as enrolled in	152071
career-technical education programs or classes described in	152072
section 3317.014 of the Revised Code, the per pupil amount	152073
prescribed by that section for the student's respective	152074
career-technical category, on a full-time equivalency basis.	152075

(C) To the payments made to a city, exempted village, or	152076
local school district under Chapter 3317. of the Revised Code, the	152077
department of education shall annually add all of the following:	152078

(1) An amount equal to the formula amount multiplied by the	152079
remainder obtained by subtracting the number of adjacent district	152080
or other district joint vocational students from the number of	152081
adjacent district or other district students enrolled in the	152082
district, as reported under division (A)(1) of this section;	152083

(2) The excess costs computed in accordance with division (E)	152084
of this section for any adjacent district or other district	152085
students, except for any adjacent or other district joint	152086
vocational students, receiving special education and related	152087
services in the district;	152088

(3) For the each of the adjacent or other district students	152089
who are not adjacent district or other district joint vocational	152090
students and are reported under division (A)(1)(c) of this section	152091
as enrolled in career-technical education programs or classes	152092
described in section 3317.014 of the Revised Code, the per pupil	152093
amount prescribed by that section for the student's respective	152094
career-technical category, on a full-time equivalency basis;	152095

(4) An amount equal to the number of adjacent district or	152096
other district joint vocational students reported under division	152097
(A)(1) of this section multiplied by an amount equal to twenty per	152098
cent of the formula amount.	152099

(D) To the payments made to a joint vocational school	152100
district under Chapter 3317. of the Revised Code, the department	152101
of education shall add, for each adjacent district or other	152102
district joint vocational student reported under division (A)(2)	152103
of this section, both of the following:	152104

(1) The formula amount;

152105

(2) The per pupil amount for each of the students reported	152106
pursuant to division (A)(2)(b) of this section prescribed by	152107
section 3317.014 of the Revised Code for the student's respective	152108
career-technical category, on a full-time equivalency basis.	152109

(E)(1) A city, exempted village, or local school board	152110
providing special education and related services to an adjacent or	152111
other district student in accordance with an IEP shall, pursuant	152112
to rules of the state board, compute the excess costs to educate	152113
such student as follows:	152114

(a) Subtract the formula amount from the actual costs to	152115
educate the student;	152116

(b) From the amount computed under division (E)(1)(a) of this	152117
section subtract the amount of any funds received by the district	152118
under Chapter 3317. of the Revised Code to provide special	152119
education and related services to the student.	152120

(2) The board shall report the excess costs computed under	152121
this division to the department of education.	152122

(3) If any student for whom excess costs are computed under	152123
division (E)(1) of this section is an adjacent or other district	152124
joint vocational student, the department of education shall add	152125
the amount of such excess costs to the payments made under Chapter	152126
3317. of the Revised Code to the joint vocational school district	152127
enrolling the student.	152128

(F) As provided in division (D)(1)(b) of section 3317.03 of	152129
the Revised Code, no joint vocational school district shall count	152130
any adjacent or other district joint vocational student enrolled	152131
in the district in its ~~formula ADM~~enrollment certified under	152132
section 3317.03 of the Revised Code.	152133

(G) No city, exempted village, or local school district shall	152134
receive a payment under division (C) of this section for a	152135
student, and no joint vocational school district shall receive a	152136
payment under division (D) of this section for a student, if for	152137
the same school year that student is counted in the district's	152138
~~formula ADM~~enrollment certified under section 3317.03 of the	152139
Revised Code.	152140

(H) Upon request of a parent, and provided the board offers	152141
transportation to native students of the same grade level and	152142
distance from school under section 3327.01 of the Revised Code, a	152143
city, exempted village, or local school board enrolling an	152144
adjacent or other district student shall provide transportation	152145
for the student within the boundaries of the board's district,	152146
except that the board shall be required to pick up and drop off a	152147
nonhandicapped student only at a regular school bus stop	152148
designated in accordance with the board's transportation policy.	152149
Pursuant to rules of the state board of education, such board may	152150
reimburse the parent from funds received for pupil transportation	152151
under section 3317.0212 of the Revised Code, or other provisions	152152
of law, for the reasonable cost of transportation from the	152153
student's home to the designated school bus stop if the student's	152154
family has an income below the federal poverty line.	152155

Sec. 3314.091. (A) A school district is not required to	152156
provide transportation for any native student enrolled in a	152157
community school if the district board of education has entered	152158
into an agreement with the community school's governing authority	152159
that designates the community school as responsible for providing	152160
or arranging for the transportation of the district's native	152161
students to and from the community school. For any such agreement	152162
to be effective, it must be certified by the superintendent of	152163
public instruction as having met all of the following	152164
requirements:	152165

(1) It is submitted to the department of education by a	152166
deadline which shall be established by the department.	152167

(2) In accordance with divisions (C)(1) and (2) of this	152168
section, it specifies qualifications, such as residing a minimum	152169
distance from the school, for students to have their	152170
transportation provided or arranged.	152171

(3) The transportation provided by the community school is	152172
subject to all provisions of the Revised Code and all rules	152173
adopted under the Revised Code pertaining to pupil transportation.	152174

(4) The sponsor of the community school also has signed the	152175
agreement.	152176

(B)(1) For the school year that begins on July 1, 2007, a	152177
school district is not required to provide transportation for any	152178
native student enrolled in a community school, if the community	152179
school during the previous school year transported the students	152180
enrolled in the school or arranged for the students'	152181
transportation, even if that arrangement consisted of having	152182
parents transport their children to and from the school, but did	152183
not enter into an agreement to transport or arrange for	152184
transportation for those students under division (A) of this	152185
section, and if the governing authority of the community school by	152186
July 15, 2007, submits written notification to the district board	152187
of education stating that the governing authority is accepting	152188
responsibility for providing or arranging for the transportation	152189
of the district's native students to and from the community	152190
school.	152191

(2) Except as provided in division (B)(4) of this section,	152192
for any school year subsequent to the school year that begins on	152193
July 1, 2007, a school district is not required to provide	152194
transportation for any native student enrolled in a community	152195
school if the governing authority of the community school, by the	152196
thirty-first day of January of the previous school year, submits	152197
written notification to the district board of education stating	152198
that the governing authority is accepting responsibility for	152199
providing or arranging for the transportation of the district's	152200
native students to and from the community school. If the governing	152201
authority of the community school has previously accepted	152202
responsibility for providing or arranging for the transportation	152203
of a district's native students to and from the community school,	152204
under division (B)(1) or (2) of this section, and has since	152205
relinquished that responsibility under division (B)(3) of this	152206
section, the governing authority shall not accept that	152207
responsibility again unless the district board consents to the	152208
governing authority's acceptance of that responsibility.	152209

(3) A governing authority's acceptance of responsibility	152210
under division (B)(1) or (2) of this section shall cover an entire	152211
school year, and shall remain in effect for subsequent school	152212
years unless the governing authority submits written notification	152213
to the district board that the governing authority is	152214
relinquishing the responsibility. However, a governing authority	152215
shall not relinquish responsibility for transportation before the	152216
end of a school year, and shall submit the notice relinquishing	152217
responsibility by the thirty-first day of January, in order to	152218
allow the school district reasonable time to prepare	152219
transportation for its native students enrolled in the school.	152220

(4)(a) For any school year that begins on or after July 1,	152221
2014, a school district is not required to provide transportation	152222
for any native student enrolled in a community school scheduled to	152223
open for operation in the current school year, if the governing	152224
authority of the community school, by the fifteenth day of April	152225
of the previous school year, submits written notification to the	152226
district board of education stating that the governing authority	152227
is accepting responsibility for providing or arranging for the	152228
transportation of the district's native students to and from the	152229
community school.	152230

(b) The governing authority of a community school that	152231
accepts responsibility for transporting its students under	152232
division (4)(a) of this section shall comply with divisions (B)(2)	152233
and (3) of this section to renew or relinquish that authority for	152234
subsequent school years.	152235

(C)(1) A community school governing authority that enters	152236
into an agreement under division (A) of this section, or that	152237
accepts responsibility under division (B) of this section, shall	152238
provide or arrange transportation free of any charge for each of	152239
its enrolled students who is required to be transported under	152240
section 3327.01 of the Revised Code or who would otherwise be	152241
transported by the school district under the district's	152242
transportation policy. The governing authority shall report to the	152243
department of education the number of students transported or for	152244
whom transportation is arranged under this section in accordance	152245
with rules adopted by the state board of education.	152246

(2) The governing authority may provide or arrange	152247
transportation for any other enrolled student who is not eligible	152248
for transportation in accordance with division (C)(1) of this	152249
section and may charge a fee for such service up to the actual	152250
cost of the service.	152251

(3) Notwithstanding anything to the contrary in division	152252
(C)(1) or (2) of this section, a community school governing	152253
authority shall provide or arrange transportation free of any	152254
charge for any disabled student enrolled in the school for whom	152255
the student's individualized education program developed under	152256
Chapter 3323. of the Revised Code specifies transportation.	152257

(D)(1) If a school district board and a community school	152258
governing authority elect to enter into an agreement under	152259
division (A) of this section, the department of education shall	152260
make payments to the community school according to the terms of	152261
the agreement for each student actually transported under division	152262
(C)(1) of this section.	152263

If a community school governing authority accepts	152264
transportation responsibility under division (B) of this section,	152265
the department shall make payments to the community school for	152266
each student actually transported or for whom transportation is	152267
arranged by the community school under division (C)(1) of this	152268
section, calculated as follows:	152269

(a) For any fiscal year which the general assembly has	152270
specified that transportation payments to school districts be	152271
based on an across-the-board percentage of the district's payment	152272
for the previous school year, the per pupil payment to the	152273
community school shall be the following quotient:	152274

(i) The total amount calculated for the school district in	152275
which the child is entitled to attend school for student	152276
transportation other than transportation of children with	152277
disabilities; divided by	152278

(ii) The number of students included in the district's	152279
transportation ADM for the current fiscal year, as ~~reported~~	152280
calculated under ~~division (B)(19) of~~ section 3317.03 of the	152281
Revised Code, plus the number of students enrolled in the	152282
community school not counted in the district's transportation ADM	152283
who are transported under division (B)(1) or (2) of this section.	152284

(b) For any fiscal year which the general assembly has	152285
specified that the transportation payments to school districts be	152286
calculated in accordance with section 3317.0212 of the Revised	152287
Code and any rules of the state board of education implementing	152288
that section, the payment to the community school shall be the	152289
amount so calculated that otherwise would be paid to the school	152290
district in which the student is entitled to attend school by the	152291
method of transportation the district would have used. The	152292
community school, however, is not required to use the same method	152293
to transport that student.	152294

(c) Divisions (D)(1)(a) and (b) of this section do not apply	152295
to fiscal years 2012 and 2013. Rather, for each of those fiscal	152296
years, the per pupil payment to a community school for	152297
transporting a student shall be the total amount paid under former	152298
section 3306.12 of the Revised Code for fiscal year 2011 to the	152299
school district in which the child is entitled to attend school	152300
divided by that district's "qualifying ridership," as defined in	152301
that section for fiscal year 2011.	152302

As used in this division "entitled to attend school" means	152303
entitled to attend school under section 3313.64 or 3313.65 of the	152304
Revised Code.	152305

(2) The department shall deduct the payment under division	152306
(D)(1) of this section from the state education aid, as defined in	152307
section 3314.08 of the Revised Code, and, if necessary, the	152308
payment under sections 321.14 and 323.156 of the Revised Code,	152309
that is otherwise paid to the school district in which the student	152310
enrolled in the community school is entitled to attend school. The	152311
department shall include the number of the district's native	152312
students for whom payment is made to a community school under	152313
division (D)(1) of this section in the calculation of the	152314
district's transportation payment under section 3317.0212 of the	152315
Revised Code and the operating appropriations act.	152316

(3) A community school shall be paid under division (D)(1) of	152317
this section only for students who are eligible as specified in	152318
section 3327.01 of the Revised Code and division (C)(1) of this	152319
section, and whose transportation to and from school is actually	152320
provided, who actually utilized transportation arranged, or for	152321
whom a payment in lieu of transportation is made by the community	152322
school's governing authority. To qualify for the payments, the	152323
community school shall report to the department, in the form and	152324
manner required by the department, data on the number of students	152325
transported or whose transportation is arranged, the number of	152326
miles traveled, cost to transport, and any other information	152327
requested by the department.	152328

(4) A community school shall use payments received under this	152329
section solely to pay the costs of providing or arranging for the	152330
transportation of students who are eligible as specified in	152331
section 3327.01 of the Revised Code and division (C)(1) of this	152332
section, which may include payments to a parent, guardian, or	152333
other person in charge of a child in lieu of transportation.	152334

(E) Except when arranged through payment to a parent,	152335
guardian, or person in charge of a child, transportation provided	152336
or arranged for by a community school pursuant to an agreement	152337
under this section is subject to all provisions of the Revised	152338
Code, and all rules adopted under the Revised Code, pertaining to	152339
the construction, design, equipment, and operation of school buses	152340
and other vehicles transporting students to and from school. The	152341
drivers and mechanics of the vehicles are subject to all	152342
provisions of the Revised Code, and all rules adopted under the	152343
Revised Code, pertaining to drivers and mechanics of such	152344
vehicles. The community school also shall comply with sections	152345
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	152346
of section 3327.16 of the Revised Code and, subject to division	152347
(C)(1) of this section, sections 3327.01 and 3327.02 of the	152348
Revised Code, as if it were a school district.	152349

Sec. 3317.01. As used in this section, "school district,"	152350
unless otherwise specified, means any city, local, exempted	152351
village, joint vocational, or cooperative education school	152352
district and any educational service center.	152353

This chapter shall be administered by the state board of	152354
education. The superintendent of public instruction shall	152355
calculate the amounts payable to each school district and shall	152356
certify the amounts payable to each eligible district to the	152357
treasurer of the district as provided by this chapter. As soon as	152358
possible after such amounts are calculated, the superintendent	152359
shall certify to the treasurer of each school district the	152360
district's adjusted charge-off increase, as defined in section	152361
5705.211 of the Revised Code. Certification of moneys pursuant to	152362
this section shall include the amounts payable to each school	152363
building, at a frequency determined by the superintendent, for	152364
each subgroup of students, as defined in section 3317.40 of the	152365
Revised Code, receiving services, provided for by state funding,	152366
from the district or school. No moneys shall be distributed	152367
pursuant to this chapter without the approval of the controlling	152368
board.	152369

The state board of education shall, in accordance with	152370
appropriations made by the general assembly, meet the financial	152371
obligations of this chapter.	152372

Moneys distributed to school districts pursuant to this	152373
chapter shall be calculated based on the annual enrollment	152374
calculated from the three reports required under section 3317.03	152375
of the Revised Code and paid on a fiscal year basis, beginning	152376
with the first day of July and extending through the thirtieth day	152377
of June. The moneys appropriated for each fiscal year shall be	152378
distributed periodically to each school district unless otherwise	152379
provided for. The state board, in June of each year, shall submit	152380
to the controlling board the state board's year-end distributions	152381
pursuant to this chapter.	152382

Except as otherwise provided, payments under this chapter	152383
shall be made only to those school districts in which:	152384

(A) The school district, except for any educational service	152385
center and any joint vocational or cooperative education school	152386
district, levies for current operating expenses at least twenty	152387
mills. Levies for joint vocational or cooperative education school	152388
districts or county school financing districts, limited to or to	152389
the extent apportioned to current expenses, shall be included in	152390
this qualification requirement. School district income tax levies	152391
under Chapter 5748. of the Revised Code, limited to or to the	152392
extent apportioned to current operating expenses, shall be	152393
included in this qualification requirement to the extent	152394
determined by the tax commissioner under division (D) of section	152395
3317.021 of the Revised Code.	152396

(B) The school year next preceding the fiscal year for which	152397
such payments are authorized meets the requirement of section	152398
3313.48 ~~or 3313.481~~ of the Revised Code, with regard to the	152399
minimum number of ~~days or~~ hours school must be open for	152400
instruction with pupils in attendance, for individualized	152401
parent-teacher conference and reporting periods, and for	152402
professional meetings of teachers. ~~This requirement shall be~~	152403
~~waived by the superintendent of public instruction if it had been~~	152404
~~necessary for a school to be closed because of disease epidemic,~~	152405
~~hazardous weather conditions, law enforcement emergencies,~~	152406
~~inoperability of school buses or other equipment necessary to the~~	152407
~~school's operation, damage to a school building, or other~~	152408
~~temporary circumstances due to utility failure rendering the~~	152409
~~school building unfit for school use, provided that for those~~	152410
~~school districts operating pursuant to section 3313.48 of the~~	152411
~~Revised Code the number of days the school was actually open for~~	152412
~~instruction with pupils in attendance and for individualized~~	152413
~~parent-teacher conference and reporting periods is not less than~~	152414
~~one hundred seventy-five, or for those school districts operating~~	152415
~~on a trimester plan the number of days the school was actually~~	152416
~~open for instruction with pupils in attendance not less than~~	152417
~~seventy-nine days in any trimester, for those school districts~~	152418
~~operating on a quarterly plan the number of days the school was~~	152419
~~actually open for instruction with pupils in attendance not less~~	152420
~~than fifty-nine days in any quarter, or for those school districts~~	152421
~~operating on a pentamester plan the number of days the school was~~	152422
~~actually open for instruction with pupils in attendance not less~~	152423
~~than forty-four days in any pentamester.~~	152424

A school district shall not be considered to have failed to	152425
comply with this division ~~or section 3313.481 of the Revised Code~~	152426
because schools were open for instruction but either twelfth grade	152427
students were excused from attendance for up to the equivalent of	152428
three school days or only a portion of the kindergarten students	152429
were in attendance for up to the equivalent of three school days	152430
in order to allow for the gradual orientation to school of such	152431
students.	152432

~~The superintendent of public instruction shall waive the~~	152433
~~requirements of this section with reference to the minimum number~~	152434
~~of days or hours school must be in session with pupils in~~	152435
~~attendance for the school year succeeding the school year in which~~	152436
~~a board of education initiates a plan of operation pursuant to~~	152437
~~section 3313.481 of the Revised Code. The minimum requirements of~~	152438
~~this section shall again be applicable to such a district~~	152439
~~beginning with the school year commencing the second July~~	152440
~~succeeding the initiation of one such plan, and for each school~~	152441
~~year thereafter.~~	152442

~~A school district shall not be considered to have failed to~~	152443
~~comply with this division or section 3313.48 or 3313.481 of the~~	152444
~~Revised Code because schools were open for instruction but the~~	152445
~~length of the regularly scheduled school day, for any number of~~	152446
~~days during the school year, was reduced by not more than two~~	152447
~~hours due to hazardous weather conditions.~~	152448

A board of education or governing board of an educational	152449
service center which has not conformed with other law and the	152450
rules pursuant thereto, shall not participate in the distribution	152451
of funds authorized by this chapter, except for good and	152452
sufficient reason established to the satisfaction of the state	152453
board of education and the state controlling board.	152454

All funds allocated to school districts under this chapter,	152455
except those specifically allocated for other purposes, shall be	152456
used to pay current operating expenses only.	152457

Sec. 3317.02. As used in this chapter:

152458

(A)(1) "Category one career-technical education ADM" means	152459
the ~~average daily membership~~enrollment of students ~~receiving~~	152460
during the school year on a full-time equivalency basis in	152461
career-technical education ~~services~~programs described in division	152462
(A) of section 3317.014 of the Revised Code and ~~reported~~certified	152463
under division (B)(11) or (D)(2)(h) of section 3317.03 of the	152464
Revised Code.	152465

(2) "Category two career-technical education ADM" means the	152466
~~average daily membership~~enrollment of students ~~receiving~~during	152467
the school year on a full-time equivalency basis in	152468
career-technical education ~~services~~programs described in division	152469
(B) of section 3317.014 of the Revised Code and ~~reported~~certified	152470
under division (B)(12) or (D)(2)(i) of section 3317.03 of the	152471
Revised Code.	152472

(3) "Category three career-technical education ADM" means the	152473
~~average daily membership~~enrollment of students ~~receiving~~during	152474
the school year on a full-time equivalency basis in	152475
career-technical education ~~services~~programs described in division	152476
(C) of section 3317.014 of the Revised Code and ~~reported~~certified	152477
under division (B)(13) or (D)(2)(j) of section 3317.03 of the	152478
Revised Code.	152479

(4) "Category four career-technical education ADM" means the	152480
~~average daily membership~~enrollment of students ~~receiving~~during	152481
the school year on a full-time equivalency basis in	152482
career-technical education ~~services~~programs described in division	152483
(D) of section 3317.014 of the Revised Code and ~~reported~~certified	152484
under division (B)(14) or (D)(2)(k) of section 3317.03 of the	152485
Revised Code.	152486

(5) "Category five career-technical education ADM" means the	152487
~~average daily membership~~enrollment of students ~~receiving~~during	152488
the school year on a full-time equivalency basis in	152489
career-technical education ~~services~~programs described in division	152490
(E) of section 3317.014 of the Revised Code and ~~reported~~certified	152491
under division (B)(15) or (D)(2)(l) of section 3317.03 of the	152492
Revised Code.	152493

(B)(1) "Category one limited English proficient ADM" means	152494
the ~~average daily membership~~full-time equivalent number of	152495
limited English proficient students described in division (A) of	152496
section 3317.016 of the Revised Code and ~~reported~~certified under	152497
division (B)(16) or (D)(2)(m) of section 3317.03 of the Revised	152498
Code.	152499

(2) "Category two limited English proficient ADM" means the	152500
~~average daily membership~~full-time equivalent number of limited	152501
English proficient students described in division (B) of section	152502
3317.016 of the Revised Code and ~~reported~~certified under division	152503
(B)(17) or (D)(2)(n) of section 3317.03 of the Revised Code.	152504

(3) "Category three limited English proficient ADM" means the	152505
~~average daily membership~~full-time equivalent number of limited	152506
English proficient students described in division (C) of section	152507
3317.016 of the Revised Code and ~~reported~~certified under division	152508
(B)(18) or (D)(2)(o) of section 3317.03 of the Revised Code.	152509

(C)(1) "Category one special education ADM" means the ~~average~~	152510
~~daily membership~~full-time equivalent number of children with	152511
disabilities receiving special education services for the	152512
disability specified in division (A) of section 3317.013 of the	152513
Revised Code and ~~reported~~certified under division (B)(5) or	152514
(D)(2)(b) of section 3317.03 of the Revised Code.	152515

(2) "Category two special education ADM" means the ~~average~~	152516
~~daily membership~~full-time equivalent number of children with	152517
disabilities receiving special education services for those	152518
disabilities specified in division (B) of section 3317.013 of the	152519
Revised Code and ~~reported~~certified under division (B)(6) or	152520
(D)(2)(c) of section 3317.03 of the Revised Code.	152521

(3) "Category three special education ADM" means the ~~average~~	152522
~~daily membership~~full-time equivalent number of students receiving	152523
special education services for those disabilities specified in	152524
division (C) of section 3317.013 of the Revised Code, and ~~reported~~	152525
certified under division (B)(7) or (D)(2)(d) of section 3317.03 of	152526
the Revised Code.	152527

(4) "Category four special education ADM" means the ~~average~~	152528
~~daily membership~~full-time equivalent number of students receiving	152529
special education services for those disabilities specified in	152530
division (D) of section 3317.013 of the Revised Code and ~~reported~~	152531
certified under division (B)(8) or (D)(2)(e) of section 3317.03 of	152532
the Revised Code.	152533

(5) "Category five special education ADM" means the ~~average~~	152534
~~daily membership~~full-time equivalent number of students receiving	152535
special education services for the disabilities specified in	152536
division (E) of section 3317.013 of the Revised Code and ~~reported~~	152537
certified under division (B)(9) or (D)(2)(f) of section 3317.03 of	152538
the Revised Code.	152539

(6) "Category six special education ADM" means the ~~average~~	152540
~~daily membership~~full-time equivalent number of students receiving	152541
special education services for the disabilities specified in	152542
division (F) of section 3317.013 of the Revised Code and ~~reported~~	152543
certified under division (B)(10) or (D)(2)(g) of section 3317.03	152544
of the Revised Code.	152545

(D) "County DD board" means a county board of developmental	152546
disabilities.	152547

(E) "Economically disadvantaged index for a school district"	152548
means the square of the quotient of that district's percentage of	152549
students in its total ADM who are identified as economically	152550
disadvantaged as defined by the department of education, divided	152551
by the statewide percentage of students identified as economically	152552
disadvantaged.	152553

(F)(1) "Formula ADM" means, for a city, local, or exempted	152554
village school district, the ~~average daily membership described in~~	152555
enrollment reported under division (A) of section 3317.03 of the	152556
Revised Code, as verified by the superintendent of public	152557
instruction and adjusted if so ordered under division (K) of that	152558
section, and as further adjusted by counting only twenty per cent	152559
of the number of joint vocational school district students counted	152560
under division (A)(3) of section 3317.03 of the Revised Code.	152561

(2) "Formula ADM" means, for a joint vocational school	152562
district, the final number verified by the superintendent of	152563
public instruction, based on the ~~number reported pursuant to~~	152564
enrollment reported and certified under division (D) of section	152565
3317.03 of the Revised Code, as adjusted, if so ordered, under	152566
division (K) of that section.	152567

(G) "Formula amount" means $5,745, for fiscal year 2014, and	152568
$5,800, for fiscal year 2015.	152569

(H) "FTE basis" means a count of students based on full-time	152570
equivalency, in accordance with rules adopted by the department of	152571
education pursuant to section 3317.03 of the Revised Code. In	152572
adopting its rules under this division, the department shall	152573
provide for counting any student in category one, two, three,	152574
four, five, or six special education ADM or in category one, two,	152575
three, four, or five career technical education ADM in the same	152576
proportion the student is counted in formula ADM.	152577

(I) "Internet- or computer-based community school" has the	152578
same meaning as in section 3314.02 of the Revised Code.	152579

(J) "Medically fragile child" means a child to whom all of	152580
the following apply:	152581

(1) The child requires the services of a doctor of medicine	152582
or osteopathic medicine at least once a week due to the	152583
instability of the child's medical condition.	152584

(2) The child requires the services of a registered nurse on	152585
a daily basis.	152586

(3) The child is at risk of institutionalization in a	152587
hospital, skilled nursing facility, or intermediate care facility	152588
for individuals with intellectual disabilities.	152589

(K)(1) A child may be identified as having an "other health	152590
impairment-major" if the child's condition meets the definition of	152591
"other health impaired" established in rules previously adopted by	152592
the state board of education and if either of the following apply:	152593

(a) The child is identified as having a medical condition	152594
that is among those listed by the superintendent of public	152595
instruction as conditions where a substantial majority of cases	152596
fall within the definition of "medically fragile child."	152597

(b) The child is determined by the superintendent of public	152598
instruction to be a medically fragile child. A school district	152599
superintendent may petition the superintendent of public	152600
instruction for a determination that a child is a medically	152601
fragile child.	152602

(2) A child may be identified as having an "other health	152603
impairment-minor" if the child's condition meets the definition of	152604
"other health impaired" established in rules previously adopted by	152605
the state board of education but the child's condition does not	152606
meet either of the conditions specified in division (K)(1)(a) or	152607
(b) of this section.	152608

(L) "Preschool child with a disability" means a child with a	152609
disability, as defined in section 3323.01 of the Revised Code, who	152610
is at least age three but is not of compulsory school age, as	152611
defined in section 3321.01 of the Revised Code, and who is not	152612
currently enrolled in kindergarten.	152613

(M) "Preschool scholarship ADM" means the number of preschool	152614
children with disabilities ~~reported~~certified under division	152615
(B)(3)(h) of section 3317.03 of the Revised Code.	152616

(N) "Related services" includes:

152617

(1) Child study, special education supervisors and	152618
coordinators, speech and hearing services, adaptive physical	152619
development services, occupational or physical therapy, teacher	152620
assistants for children with disabilities whose disabilities are	152621
described in division (B) of section 3317.013 or division (B)(3)	152622
of this section, behavioral intervention, interpreter services,	152623
work study, nursing services, and specialized integrative services	152624
as those terms are defined by the department;	152625

(2) Speech and language services provided to any student with	152626
a disability, including any student whose primary or only	152627
disability is a speech and language disability;	152628

(3) Any related service not specifically covered by other	152629
state funds but specified in federal law, including but not	152630
limited to, audiology and school psychological services;	152631

(4) Any service included in units funded under former	152632
division (O)(1) of section 3317.024 of the Revised Code;	152633

(5) Any other related service needed by children with	152634
disabilities in accordance with their individualized education	152635
programs.	152636

(O) "School district," unless otherwise specified, means	152637
city, local, and exempted village school districts.	152638

(P) "State education aid" has the same meaning as in section	152639
5751.20 of the Revised Code.	152640

(Q) "State share index" means the state share index	152641
calculated for a district under section 3317.017 of the Revised	152642
Code.	152643

(R) "Taxes charged and payable" means the taxes charged and	152644
payable against real and public utility property after making the	152645
reduction required by section 319.301 of the Revised Code, plus	152646
the taxes levied against tangible personal property.	152647

(S) "Total ADM" means, for a city, local, or exempted village	152648
school district, the ~~average daily membership described in~~	152649
enrollment reported under division (A) of section 3317.03 of the	152650
Revised Code, as verified by the superintendent of public	152651
instruction and adjusted if so ordered under division (K) of that	152652
section.	152653

(T) "Total special education ADM" means the sum of categories	152654
one through six special education ADM.	152655

(U) "Total taxable value" means the sum of the amounts	152656
certified for a city, local, exempted village, or joint vocational	152657
school district under divisions (A)(1) and (2) of section 3317.021	152658
of the Revised Code.	152659

Sec. 3317.022. (A) The department of education shall compute	152660
and distribute state core foundation funding to each eligible	152661
school district for the fiscal year, using the information	152662
obtained under section 3317.021 of the Revised Code in the	152663
calendar year in which the fiscal year begins, as prescribed in	152664
the following divisions:	152665

(1) An opportunity grant calculated according to the	152666
following formula:	152667

The formula amount X (formula ADM + preschool scholarship	152668
ADM) X the district's state share index	152669

(2) Targeted assistance funds calculated under divisions (A)	152670
and (B) of section 3317.0217 of the Revised Code;	152671

(3) Additional state aid for special education and related	152672
services provided under Chapter 3323. of the Revised Code	152673
calculated as the sum of the following:	152674

(a) The district's category one special education ADM X the	152675
amount specified in division (A) of section 3317.013 of the	152676
Revised Code X the district's state share index;	152677

(b) The district's category two special education ADM X the	152678
amount specified in division (B) of section 3317.013 of the	152679
Revised Code X the district's state share index;	152680

(c) The district's category three special education ADM X the	152681
amount specified in division (C) of section 3317.013 of the	152682
Revised Code X the district's state share index;	152683

(d) The district's category four special education ADM X the	152684
amount specified in division (D) of section 3317.013 of the	152685
Revised Code X the district's state share index;	152686

(e) The district's category five special education ADM X the	152687
amount specified in division (E) of section 3317.013 of the	152688
Revised Code X the district's state share index;	152689

(f) The district's category six special education ADM X the	152690
amount specified in division (F) of section 3317.013 of the	152691
Revised Code X the district's state share index.	152692

(4) Kindergarten through third grade literacy funds	152693
calculated according to the following formula:	152694

[($125, in fiscal year 2014, or $175, in fiscal year 2015) X	152695
formula ADM for grades kindergarten through three X the district's	152696
state share index] + [($100, in fiscal year 2014, or $160, in	152697
fiscal year 2015) X formula ADM for grades kindergarten through	152698
three]	152699

For purposes of this calculation, the department shall	152700
subtract from a district's formula ADM for grades kindergarten	152701
through three the number of students reported under division	152702
(B)(3)(e) of section 3317.03 of the Revised Code as enrolled in an	152703
internet- or computer-based community school who are in grades	152704
kindergarten through three.	152705

(5) Economically disadvantaged funds calculated according to	152706
the following formula:	152707

($250, in fiscal year 2014, or $253, in fiscal year 2015) X	152708
(the district's economically disadvantaged index) X the number of	152709
students who are economically disadvantaged as ~~reported~~certified	152710
under division (B)(21) of section 3317.03 of the Revised Code	152711

(6) Limited English proficiency funds calculated as the sum	152712
of the following:	152713

(a) The district's category one limited English proficient	152714
ADM X the amount specified in division (A) of section 3317.016 of	152715
the Revised Code X the district's state share index;	152716

(b) The district's category two limited English proficient	152717
ADM X the amount specified in division (B) of section 3317.016 of	152718
the Revised Code X the district's state share index;	152719

(c) The district's category three limited English proficient	152720
ADM X the amount specified in division (C) of section 3317.016 of	152721
the Revised Code X the district's state share index.	152722

(7)(a) Gifted identification funds calculated according to	152723
the following formula:	152724

($5, in fiscal year 2014, or $5.05, in fiscal year 2015) X the	152725

district's formula ADM	152726

(b) Gifted unit funding calculated under section 3317.051 of	152727
the Revised Code.	152728

(8) Career-technical education funds calculated as the sum of	152729
the following:	152730

(a) The district's category one career-technical education	152731
ADM X the amount specified in division (A) of section 3317.014 of	152732
the Revised Code X the district's state share index;	152733

(b) The district's category two career-technical education	152734
ADM X the amount specified in division (B) of section 3317.014 of	152735
the Revised Code X the district's state share index;	152736

(c) The district's category three career-technical education	152737
ADM X the amount specified in division (C) of section 3317.014 of	152738
the Revised Code X the district's state share index;	152739

(d) The district's category four career-technical education	152740
ADM X the amount specified in division (D) of section 3317.014 of	152741
the Revised Code X the district's state share index;	152742

(e) The district's category five career-technical education	152743
ADM X the amount specified in division (E) of section 3317.014 of	152744
the Revised Code X the district's state share index.	152745

Payment of funds under division (A)(8) of this section is	152746
subject to approval under section 3317.161 of the Revised Code.	152747

(9) Career-technical education associated services funds	152748
calculated according to the following formula:	152749

The district's state share index X the amount for career-technical	152750
education associated services specified in section 3317.014 of the	152751
Revised Code X the sum of categories one through five	152752
career-technical education ADM	152753

(B) In any fiscal year, a school district shall spend for	152754
purposes that the department designates as approved for special	152755
education and related services expenses at least the amount	152756
calculated as follows:	152757

(The formula amount X the total special education ADM) + (the	152758
district's category one special education ADM X the amount	152759
specified in division (A) of section 3317.013 of the Revised Code)	152760
+ (the district's category two special education ADM X the amount	152761
specified in division (B) of section 3317.013 of the Revised Code)	152762
+ (the district's category three special education ADM X the	152763
amount specified in division (C) of section 3317.013 of the	152764
Revised Code) + (the district's category four special education	152765
ADM X the amount specified in division (D) of section 3317.013 of	152766
the Revised Code) + (the district's category five special	152767
education ADM X the amount specified in division (E) of section	152768
3317.013 of the Revised Code) + (the district's category six	152769
special education ADM X the amount specified in division (F) of	152770
section 3317.013 of the Revised Code)	152771

The purposes approved by the department for special education	152772
expenses shall include, but shall not be limited to,	152773
identification of children with disabilities, compliance with	152774
state rules governing the education of children with disabilities	152775
and prescribing the continuum of program options for children with	152776
disabilities, provision of speech language pathology services, and	152777
the portion of the school district's overall administrative and	152778
overhead costs that are attributable to the district's special	152779
education student population.	152780

The scholarships deducted from the school district's account	152781
under sections 3310.41 and 3310.55 of the Revised Code shall be	152782
considered to be an approved special education and related	152783
services expense for the purpose of the school district's	152784
compliance with this division.	152785

(C) In any fiscal year, a school district receiving funds	152786
under division (A)(8) of this section shall spend those funds only	152787
for the purposes that the department designates as approved for	152788
career-technical education expenses. Career-technical educational	152789
expenses approved by the department shall include only expenses	152790
connected to the delivery of career-technical programming to	152791
career-technical students. The department shall require the school	152792
district to report data annually so that the department may	152793
monitor the district's compliance with the requirements regarding	152794
the manner in which funding received under division (A)(8) of this	152795
section may be spent.	152796

(D) In any fiscal year, a school district receiving funds	152797
under division (A)(9) of this section, or through a transfer of	152798
funds pursuant to division (I) of section 3317.023 of the Revised	152799
Code, shall spend those funds only for the purposes that the	152800
department designates as approved for career-technical education	152801
associated services expenses, which may include such purposes as	152802
apprenticeship coordinators, coordinators for other	152803
career-technical education services, career-technical evaluation,	152804
and other purposes designated by the department. The department	152805
may deny payment under division (A)(9) of this section to any	152806
district that the department determines is not operating those	152807
services or is using funds paid under division (A)(9) of this	152808
section, or through a transfer of funds pursuant to division (I)	152809
of section 3317.023 of the Revised Code, for other purposes.	152810

(E) All funds received under division (A)(8) of this section	152811
shall be spent in the following manner:	152812

(1) At least seventy-five per cent of the funds shall be	152813
spent on curriculum development, purchase, and implementation;	152814
instructional resources and supplies; industry-based program	152815
certification; student assessment, credentialing, and placement;	152816
curriculum specific equipment purchases and leases;	152817
career-technical student organization fees and expenses; home and	152818
agency linkages; work-based learning experiences; professional	152819
development; and other costs directly associated with	152820
career-technical education programs including development of new	152821
programs.	152822

(2) Not more than twenty-five per cent of the funds shall be	152823
used for personnel expenditures.	152824

(F) A school district shall spend the funds it receives under	152825
division (A)(5) of this section in accordance with section 3317.25	152826
of the Revised Code.	152827

Sec. 3317.024. The following shall be distributed monthly,	152828
quarterly, or annually as may be determined by the state board of	152829
education:	152830

(A) An amount for each island school district and each joint	152831
state school district for the operation of each high school and	152832
each elementary school maintained within such district and for	152833
capital improvements for such schools. Such amounts shall be	152834
determined on the basis of standards adopted by the state board of	152835
education. However, for fiscal years 2012 and 2013, an island	152836
district shall receive the lesser of its actual cost of operation,	152837
as certified to the department of education, or ninety-three per	152838
cent of the amount the district received in state operating	152839
funding for fiscal year 2011. If an island district received no	152840
funding for fiscal year 2011, it shall receive no funding for	152841
either of fiscal year 2012 or 2013.	152842

(B) An amount for each school district required to pay	152843
tuition for a child in an institution maintained by the department	152844
of youth services pursuant to section 3317.082 of the Revised	152845
Code, provided the child was not included in the calculation of	152846
the district's ~~average daily membership~~formula ADM, as that term	152847
is defined in section 3317.02 of the Revised Code, for the	152848
preceding school year.	152849

(C) An amount for the approved cost of transporting eligible	152850
pupils with disabilities attending a special education program	152851
approved by the department of education whom it is impossible or	152852
impractical to transport by regular school bus in the course of	152853
regular route transportation provided by the school district or	152854
educational service center. No district or service center is	152855
eligible to receive a payment under this division for the cost of	152856
transporting any pupil whom it transports by regular school bus	152857
and who is included in the district's transportation ADM. The	152858
state board of education shall establish standards and guidelines	152859
for use by the department of education in determining the approved	152860
cost of such transportation for each district or service center.	152861

(D) An amount to each school district, including each	152862
cooperative education school district, pursuant to section 3313.81	152863
of the Revised Code to assist in providing free lunches to needy	152864
children. The amounts shall be determined on the basis of rules	152865
adopted by the state board of education.	152866

(E) An amount to each school district, for each pupil	152867
attending a chartered nonpublic elementary or high school within	152868
the district. The amount shall equal the amount appropriated for	152869
the implementation of section 3317.06 of the Revised Code divided	152870
by the average daily membership in grades kindergarten through	152871
twelve in nonpublic elementary and high schools within the state	152872
as determined ~~during the first full week in~~as of the last day of	152873
October of each school year.	152874

(F) An amount for each county DD board, distributed on the	152875
basis of standards adopted by the state board of education, for	152876
the approved cost of transportation required for children	152877
attending special education programs operated by the county DD	152878
board under section 3323.09 of the Revised Code;	152879

(G) An amount to each institution defined under section	152880
3317.082 of the Revised Code providing elementary or secondary	152881
education to children other than children receiving special	152882
education under section 3323.091 of the Revised Code. This amount	152883
for any institution in any fiscal year shall equal the total of	152884
all tuition amounts required to be paid to the institution under	152885
division (A)(1) of section 3317.082 of the Revised Code.	152886

The state board of education or any other board of education	152887
or governing board may provide for any resident of a district or	152888
educational service center territory any educational service for	152889
which funds are made available to the board by the United States	152890
under the authority of public law, whether such funds come	152891
directly or indirectly from the United States or any agency or	152892
department thereof or through the state or any agency, department,	152893
or political subdivision thereof.	152894

Sec. 3317.0217. Payment of the amount calculated for a school	152895
district under this section shall be made under division (A) of	152896
section 3317.022 of the Revised Code.	152897

(A) The department of education shall annually compute	152898
targeted assistance funds to school districts, as follows:	152899

(1) Calculate the local wealth per pupil of each school	152900
district, which equals the following sum:	152901

(a) One-half times the quotient of (i) the district's	152902
three-year average valuation divided by (ii) its formula ADM; plus	152903

(b) One-half times the quotient of (i) the average of the	152904
total federal adjusted gross income of the school district's	152905
residents for the three years most recently reported under section	152906
3317.021 of the Revised Code divided by (ii) its formula ADM.	152907

(2) Rank all school districts in order of local wealth per	152908
pupil, from the district with the lowest local wealth per pupil to	152909
the district with the highest local wealth per pupil.	152910

(3) Compute the statewide wealth per pupil, which equals the	152911
following sum:	152912

(a) One-half times the quotient of (i) the sum of the	152913
three-year average valuations for all school districts divided by	152914
(ii) the sum of formula ADM counts for all schools districts; plus	152915

(b) One-half times the quotient of (i) the sum of the	152916
three-year average total federal adjusted gross incomes for all	152917
school districts divided by (ii) the sum of formula ADM counts for	152918
all school districts.	152919

(4) Compute each district's wealth index by dividing the	152920
statewide wealth per pupil by the district's local wealth per	152921
pupil.	152922

(5) Compute the per pupil targeted assistance for each	152923
eligible school district in accordance with the following formula:	152924

(Threshold local wealth per pupil - the district's local wealth	152925
per pupil)	152926

X target millage X the district's wealth index	152927

Where:

152928

(a) An "eligible school district" means a school district	152929
with a local wealth per pupil less than that of the school	152930
district with the 490th lowest local wealth per pupil.	152931

(b) "Threshold local wealth per pupil" means the local wealth	152932
per pupil of the school district with the 490th lowest local	152933
wealth per pupil.	152934

152935

If the result of the calculation for a school district under	152936
division (A)(5) of this section is less than zero, the district's	152937
targeted assistance shall be zero.	152938

(6) Calculate the aggregate amount to be paid as targeted	152939
assistance funds to each school district under division (A) of	152940
section 3317.022 of the Revised Code by multiplying the per pupil	152941
targeted assistance computed under division (A)(5) of this section	152942
by the district's net formula ADM.	152943

As used in this division, a district's "net formula ADM"	152944
means its formula ADM minus the number of community school	152945
students ~~reported~~certified under division (B)(3)(d) of section	152946
3317.03 of the Revised Code X 0.75, the number of internet- and	152947
computer-based community school students ~~reported~~certified under	152948
division (B)(3)(e) of that section, and the number of scholarship	152949
students ~~reported~~certified under divisions (B)(3)(f), (g), and	152950
(l) of that section.	152951

(B) The department shall annually compute supplemental	152952
targeted assistance funds to school districts, as follows:	152953

(1) Compute each district's agricultural percentage as the	152954
quotient of (a) the three-year average tax valuation of real	152955
property in the district that is classified as agricultural	152956
property divided by (b) the three-year average tax valuation of	152957
all of the real property in the district. For purposes of this	152958
computation, a district's "three-year average tax valuation" means	152959
the average of a district's tax valuation for fiscal years 2012,	152960
2013, and 2014.	152961

(2) Determine each district's agricultural targeted	152962
percentage as follows:	152963

(a) If a district's agricultural percentage is greater than	152964
or equal to 0.10, then the district's agricultural targeted	152965
percentage shall be equal to 0.40.	152966

(b) If a district's agricultural percentage is less than	152967
0.10, then the district's agricultural targeted percentage shall	152968
be equal to 4 X the district's agricultural percentage.	152969

(3) Calculate the aggregate amount to be paid as supplemental	152970
targeted assistance funds to each school district under division	152971
(A) of section 3317.022 of the Revised Code by multiplying the	152972
district's agricultural targeted percentage by the amount	152973
calculated for the district under division (A)(6) of this section.	152974

Sec. 3317.03. (A) The superintendent of each city, local,	152975
and exempted village school district shall ~~certify~~report to the	152976
state board of education ~~on or before~~as of the ~~fifteenth~~last day	152977
of October ~~in each year for the first full school week in October~~	152978
~~the average daily membership~~, March, and June of each year the	152979
enrollment of students receiving services from schools under the	152980
superintendent's supervision, and the numbers of other students	152981
entitled to attend school in the district under section 3313.64 or	152982
3313.65 of the Revised Code the superintendent is required to	152983
report under this section, so that the department of education can	152984
calculate the district's formula ADM, total ADM, category one	152985
through five career-technical education ADM, category one through	152986
three limited English proficient ADM, category one through six	152987
special education ADM, preschool scholarship ADM, transportation	152988
ADM, and, for purposes of provisions of law outside of Chapter	152989
3317. of the Revised Code, average daily membership. ~~If a school~~	152990
~~under the superintendent's supervision is closed for one or more~~	152991
~~days during that week due to hazardous weather conditions or other~~	152992
~~circumstances described in the first paragraph of division (B) of~~	152993
~~section 3317.01 of the Revised Code, the superintendent may apply~~	152994
~~to the superintendent of public instruction for a waiver, under~~	152995
~~which the superintendent of public instruction may exempt the~~	152996
~~district superintendent from certifying the average daily~~	152997
~~membership for that school for that week and specify an alternate~~	152998
~~week for certifying the average daily membership of that school.~~	152999

~~The average daily membership during such week shall consist~~	153000
~~of the sum of the following:~~	153001

(1) ~~On an FTE basis,~~The enrollment reported by the	153002
superintendent during the reporting period shall consist of the	153003
number of students in grades kindergarten through twelve receiving	153004
any educational services from the district, except that the	153005
following categories of students shall not be included in the	153006
determination:	153007

(a) Students enrolled in adult education classes;

153008

(b) Adjacent or other district students enrolled in the	153009
district under an open enrollment policy pursuant to section	153010
3313.98 of the Revised Code;	153011

(c) Students receiving services in the district pursuant to a	153012
compact, cooperative education agreement, or a contract, but who	153013
are entitled to attend school in another district pursuant to	153014
section 3313.64 or 3313.65 of the Revised Code;	153015

(d) Students for whom tuition is payable pursuant to sections	153016
3317.081 and 3323.141 of the Revised Code;	153017

(e) Students receiving services in the district through a	153018
scholarship awarded under either section 3310.41 or sections	153019
3310.51 to 3310.64 of the Revised Code.	153020

When reporting students under division (A)(1) of this	153021
section, the superintendent also shall report the district where	153022
each student is entitled to attend school pursuant to sections	153023
3313.64 and 3313.65 of the Revised Code.	153024

(2) ~~On an FTE basis,~~The department of education shall	153025
compile a list of all students reported to be enrolled in a	153026
district under division (A)(1) of this section and of the ~~number~~	153027
of students entitled to attend school in the district pursuant to	153028
section 3313.64 or 3313.65 of the Revised Code,on an FTE basis	153029
but receiving educational services in grades kindergarten through	153030
twelve from one or more of the following entities:	153031

(a) A community school pursuant to Chapter 3314. of the	153032
Revised Code, including any participation in a college pursuant to	153033
Chapter 3365. of the Revised Code while enrolled in such community	153034
school;	153035

(b) An alternative school pursuant to sections 3313.974 to	153036
3313.979 of the Revised Code as described in division (I)(2)(a) or	153037
(b) of this section;	153038

(c) A college pursuant to Chapter 3365. of the Revised Code,	153039
except when the student is enrolled in the college while also	153040
enrolled in a community school pursuant to Chapter 3314. or a	153041
science, technology, engineering, and mathematics school	153042
established under Chapter 3326. of the Revised Code;	153043

(d) An adjacent or other school district under an open	153044
enrollment policy adopted pursuant to section 3313.98 of the	153045
Revised Code;	153046

(e) An educational service center or cooperative education	153047
district;	153048

(f) Another school district under a cooperative education	153049
agreement, compact, or contract;	153050

(g) A chartered nonpublic school with a scholarship paid	153051
under section 3310.08 of the Revised Code, if the students	153052
qualified for the scholarship under section 3310.03 of the Revised	153053
Code;	153054

(h) An alternative public provider or a registered private	153055
provider with a scholarship awarded under either section 3310.41	153056
or sections 3310.51 to 3310.64 of the Revised Code.	153057

As used in this section, "alternative public provider" and	153058
"registered private provider" have the same meanings as in section	153059
3310.41 or 3310.51 of the Revised Code, as applicable.	153060

(i) A science, technology, engineering, and mathematics	153061
school established under Chapter 3326. of the Revised Code,	153062
including any participation in a college pursuant to Chapter 3365.	153063
of the Revised Code while enrolled in the school;	153064

(j) A college-preparatory boarding school established under	153065
Chapter 3328. of the Revised Code.	153066

(3) The ~~number of~~department also shall compile a list of the	153067
students entitled to attend school in the district under section	153068
3313.64 or 3313.65 of the Revised Code who are enrolled in a joint	153069
vocational school district or under a career-technical education	153070
compact, excluding any students so entitled to attend school in	153071
the district ~~under section 3313.64 or 3313.65 of the Revised Code~~	153072
who are enrolled in another school district through an open	153073
enrollment policy as reported under division (A)(2)(d) of this	153074
section and then enroll in a joint vocational school district or	153075
under a career-technical education compact.	153076

The department shall provide each city, local, and exempted	153077
village school district with an opportunity to review the list of	153078
students compiled under divisions (A)(2) and (3) of this section	153079
to ensure that the students reported accurately reflect the	153080
enrollment of students in the district.	153081

(B) To enable the department of education to obtain the data	153082
needed to complete the calculation of payments pursuant to this	153083
chapter, ~~in addition to the average daily membership,~~ each	153084
superintendent shall ~~report separately~~certify from the reports	153085
provided by the department under division (A) of this section all	153086
of the following ~~student counts for the same week for which~~	153087
~~average daily membership is certified~~:	153088

(1) The total ~~average daily membership~~student enrollment in	153089
regular learning day classes included in the report under division	153090
(A)(1) or (2) of this section for each of the individual grades	153091
kindergarten through twelve in schools under the superintendent's	153092
supervision;	153093

(2) The unduplicated count of the number of ~~all~~ preschool	153094
children with disabilities enrolled ~~as of the first day of~~	153095
~~December in classes~~ in the district for whom the district is	153096
eligible to receive funding under section 3317.0213 of the Revised	153097
Code ~~and the number of those classes, which shall be reported not~~	153098
~~later than the fifteenth day of December~~adjusted for the portion	153099
of the year each child is so enrolled, in accordance with the	153100
disability categories prescribed in section 3317.013 of the	153101
Revised Code;	153102

(3) The number of children entitled to attend school in the	153103
district pursuant to section 3313.64 or 3313.65 of the Revised	153104
Code who are:	153105

(a) Participating in a pilot project scholarship program	153106
established under sections 3313.974 to 3313.979 of the Revised	153107
Code as described in division (I)(2)(a) or (b) of this section;	153108

(b) Enrolled in a college under Chapter 3365. of the Revised	153109
Code, except when the student is enrolled in the college while	153110
also enrolled in a community school pursuant to Chapter 3314. of	153111
the Revised Code or a science, technology, engineering, and	153112
mathematics school established under Chapter 3326. of the Revised	153113
Code;	153114

(c) Enrolled in an adjacent or other school district under	153115
section 3313.98 of the Revised Code;	153116

(d) Enrolled in a community school established under Chapter	153117
3314. of the Revised Code that is not an internet- or	153118
computer-based community school as defined in section 3314.02 of	153119
the Revised Code, including any participation in a college	153120
pursuant to Chapter 3365. of the Revised Code while enrolled in	153121
such community school;	153122

(e) Enrolled in an internet- or computer-based community	153123
school, as defined in section 3314.02 of the Revised Code,	153124
including any participation in a college pursuant to Chapter 3365.	153125
of the Revised Code while enrolled in the school;	153126

(f) Enrolled in a chartered nonpublic school with a	153127
scholarship paid under section 3310.08 of the Revised Code and who	153128
qualified for the scholarship under section 3310.03 of the Revised	153129
Code;	153130

(g) Enrolled in kindergarten through grade twelve in an	153131
alternative public provider or a registered private provider with	153132
a scholarship awarded under section 3310.41 of the Revised Code;	153133

(h) Enrolled as a preschool child with a disability in an	153134
alternative public provider or a registered private provider with	153135
a scholarship awarded under section 3310.41 of the Revised Code;	153136

(i) Participating in a program operated by a county DD board	153137
or a state institution;	153138

(j) Enrolled in a science, technology, engineering, and	153139
mathematics school established under Chapter 3326. of the Revised	153140
Code, including any participation in a college pursuant to Chapter	153141
3365. of the Revised Code while enrolled in the school;	153142

(k) Enrolled in a college-preparatory boarding school	153143
established under Chapter 3328. of the Revised Code;	153144

(l) Enrolled in an alternative public provider or a	153145
registered private provider with a scholarship awarded under	153146
sections 3310.51 to 3310.64 of the Revised Code.	153147

(4) The ~~number~~total enrollment of pupils ~~enrolled~~ in joint	153148
vocational schools;	153149

(5) The combined ~~average daily membership~~enrollment of	153150
children with disabilities reported under division (A)(1) or (2)	153151
of this section receiving special education services for the	153152
category one disability described in division (A) of section	153153
3317.013 of the Revised Code, including children attending a	153154
special education program operated by an alternative public	153155
provider or a registered private provider with a scholarship	153156
awarded under sections 3310.51 to 3310.64 of the Revised Code;	153157

(6) The combined ~~average daily membership~~enrollment of	153158
children with disabilities reported under division (A)(1) or (2)	153159
of this section receiving special education services for category	153160
two disabilities described in division (B) of section 3317.013 of	153161
the Revised Code, including children attending a special education	153162
program operated by an alternative public provider or a registered	153163
private provider with a scholarship awarded under sections 3310.51	153164
to 3310.64 of the Revised Code;	153165

(7) The combined ~~average daily membership~~enrollment of	153166
children with disabilities reported under division (A)(1) or (2)	153167
of this section receiving special education services for category	153168
three disabilities described in division (C) of section 3317.013	153169
of the Revised Code, including children attending a special	153170
education program operated by an alternative public provider or a	153171
registered private provider with a scholarship awarded under	153172
sections 3310.51 to 3310.64 of the Revised Code;	153173

(8) The combined ~~average daily membership~~enrollment of	153174
children with disabilities reported under division (A)(1) or (2)	153175
of this section receiving special education services for category	153176
four disabilities described in division (D) of section 3317.013 of	153177
the Revised Code, including children attending a special education	153178
program operated by an alternative public provider or a registered	153179
private provider with a scholarship awarded under sections 3310.51	153180
to 3310.64 of the Revised Code;	153181

(9) The combined ~~average daily membership~~enrollment of	153182
children with disabilities reported under division (A)(1) or (2)	153183
of this section receiving special education services for the	153184
category five disabilities described in division (E) of section	153185
3317.013 of the Revised Code, including children attending a	153186
special education program operated by an alternative public	153187
provider or a registered private provider with a scholarship	153188
awarded under sections 3310.51 to 3310.64 of the Revised Code;	153189

(10) The combined ~~average daily membership~~enrollment of	153190
children with disabilities reported under division (A)(1) or (2)	153191
and under division (B)(3)(h) of this section receiving special	153192
education services for category six disabilities described in	153193
division (F) of section 3317.013 of the Revised Code, including	153194
children attending a special education program operated by an	153195
alternative public provider or a registered private provider with	153196
a scholarship awarded under either section 3310.41 or sections	153197
3310.51 to 3310.64 of the Revised Code;	153198

(11) The ~~average daily membership~~enrollment of pupils	153199
reported under division (A)(1) or (2) of this section ~~enrolled~~on	153200
a full-time equivalency basis in category one career-technical	153201
education programs or classes, described in division (A) of	153202
section 3317.014 of the Revised Code, operated by the school	153203
district or by another district that is a member of the district's	153204
career-technical planning district, other than a joint vocational	153205
school district, or by an educational service center,	153206
notwithstanding division (H) of section 3317.02 of the Revised	153207
Code and division (C)(3) of this section;	153208

(12) The ~~average daily membership~~enrollment of pupils	153209
reported under division (A)(1) or (2) of this section ~~enrolled~~on	153210
a full-time equivalency basis in category two career-technical	153211
education programs or services, described in division (B) of	153212
section 3317.014 of the Revised Code, operated by the school	153213
district or another school district that is a member of the	153214
district's career-technical planning district, other than a joint	153215
vocational school district, or by an educational service center,	153216
notwithstanding division (H) of section 3317.02 of the Revised	153217
Code and division (C)(3) of this section;	153218

(13) The ~~average daily membership~~enrollment of pupils	153219
reported under division (A)(1) or (2) of this section ~~enrolled~~on	153220
a full-time equivalency basis in category three career-technical	153221
education programs or services, described in division (C) of	153222
section 3317.014 of the Revised Code, operated by the school	153223
district or another school district that is a member of the	153224
district's career-technical planning district, other than a joint	153225
vocational school district, or by an educational service center,	153226
notwithstanding division (H) of section 3317.02 of the Revised	153227
Code and division (C)(3) of this section;	153228

(14) The ~~average daily membership~~enrollment of pupils	153229
reported under division (A)(1) or (2) of this section ~~enrolled~~on	153230
a full-time equivalency basis in category four career-technical	153231
education programs or services, described in division (D) of	153232
section 3317.014 of the Revised Code, operated by the school	153233
district or another school district that is a member of the	153234
district's career-technical planning district, other than a joint	153235
vocational school district, or by an educational service center,	153236
notwithstanding division (H) of section 3317.02 of the Revised	153237
Code and division (C)(3) of this section;	153238

(15) The ~~average daily membership~~enrollment of pupils	153239
reported under division (A)(1) or (2) of this section ~~enrolled~~on	153240
a full-time equivalency basis in category five career-technical	153241
education programs or services, described in division (E) of	153242
section 3317.014 of the Revised Code, operated by the school	153243
district or another school district that is a member of the	153244
district's career-technical planning district, other than a joint	153245
vocational school district, or by an educational service center,	153246
notwithstanding division (H) of section 3317.02 of the Revised	153247
Code and division (C)(3) of this section;	153248

(16) The ~~average daily membership~~enrollment of pupils	153249
reported under division (A)(1) or (2) of this section who are	153250
limited English proficient students described in division (A) of	153251
section 3317.016 of the Revised Code, excluding any student	153252
reported under division (B)(3)(e) of this section as enrolled in	153253
an internet- or computer-based community school;	153254

(17) The ~~average daily membership~~enrollment of pupils	153255
reported under division (A)(1) or (2) of this section who are	153256
limited English proficient students described in division (B) of	153257
section 3317.016 of the Revised Code, excluding any student	153258
reported under division (B)(3)(e) of this section as enrolled in	153259
an internet- or computer-based community school;	153260

(18) The ~~average daily membership~~enrollment of pupils	153261
reported under division (A)(1) or (2) of this section who are	153262
limited English proficient students described in division (C) of	153263
section 3317.016 of the Revised Code, excluding any student	153264
reported under division (B)(3)(e) of this section as enrolled in	153265
an internet- or computer-based community school;	153266

(19) The average number of children transported during the	153267
reporting period by the school district on board-owned or	153268
contractor-owned and -operated buses, reported in accordance with	153269
rules adopted by the department of education;	153270

(20)(a) The number of children, other than preschool children	153271
with disabilities, the district placed with a county DD board in	153272
fiscal year 1998. Division (B)(20)(a) of this section does not	153273
apply after fiscal year 2013.	153274

(b) The number of children with disabilities, other than	153275
preschool children with disabilities, placed with a county DD	153276
board in the current fiscal year to receive special education	153277
services for the category one disability described in division (A)	153278
of section 3317.013 of the Revised Code;	153279

(c) The number of children with disabilities, other than	153280
preschool children with disabilities, placed with a county DD	153281
board in the current fiscal year to receive special education	153282
services for category two disabilities described in division (B)	153283
of section 3317.013 of the Revised Code;	153284

(d) The number of children with disabilities, other than	153285
preschool children with disabilities, placed with a county DD	153286
board in the current fiscal year to receive special education	153287
services for category three disabilities described in division (C)	153288
of section 3317.013 of the Revised Code;	153289

(e) The number of children with disabilities, other than	153290
preschool children with disabilities, placed with a county DD	153291
board in the current fiscal year to receive special education	153292
services for category four disabilities described in division (D)	153293
of section 3317.013 of the Revised Code;	153294

(f) The number of children with disabilities, other than	153295
preschool children with disabilities, placed with a county DD	153296
board in the current fiscal year to receive special education	153297
services for the category five disabilities described in division	153298
(E) of section 3317.013 of the Revised Code;	153299

(g) The number of children with disabilities, other than	153300
preschool children with disabilities, placed with a county DD	153301
board in the current fiscal year to receive special education	153302
services for category six disabilities described in division (F)	153303
of section 3317.013 of the Revised Code.	153304

(21) The ~~number~~enrollment of students who are economically	153305
disadvantaged, as defined by the department, excluding any student	153306
reported under division (B)(3)(e) of this section as enrolled in	153307
an internet- or computer-based community school. A student shall	153308
not be categorically excluded from the number reported under	153309
division (B)(21) of this section based on anything other than	153310
family income.	153311

(C)(1) ~~The average daily membership in divisions (B)(1) to~~	153312
~~(12) of this section shall be based upon the number of full-time~~	153313
~~equivalent students.~~ The state board of education shall adopt	153314
rules ~~defining full-time equivalent students and for determining~~	153315
~~the average daily membership therefrom~~necessary for ~~the purposes~~	153316
ofimplementing divisions (A), (B), and (D) of this section.	153317

(2) A student enrolled in a community school established	153318
under Chapter 3314., a science, technology, engineering, and	153319
mathematics school established under Chapter 3326., or a	153320
college-preparatory boarding school established under Chapter	153321
3328. of the Revised Code shall be counted in the formula ADM and,	153322
if applicable, the category one, two, three, four, five, or six	153323
special education ADM of the school district in which the student	153324
is entitled to attend school under section 3313.64 or 3313.65 of	153325
the Revised Code for the same proportion of the school year that	153326
the student is counted in the enrollment of the community school,	153327
the science, technology, engineering, and mathematics school, or	153328
the college-preparatory boarding school for purposes of section	153329
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	153330
the ~~number~~enrollment of students ~~reported~~certified pursuant to	153331
division (B)(3)(d), (e), (j), or (k) of this section, the	153332
department may adjust the formula ADM of a school district to	153333
account for students entitled to attend school in the district	153334
under section 3313.64 or 3313.65 of the Revised Code who are	153335
enrolled in a community school, a science, technology,	153336
engineering, and mathematics school, or a college-preparatory	153337
boarding school for only a portion of the school year.	153338

(3) No child shall be counted as more than a total of one	153339
child in the sum of the ~~average daily memberships~~enrollment of	153340
students of a school district under division (A), divisions (B)(1)	153341
to (22), or division (D) of this section, except as follows:	153342

(a) A child with a disability described in section 3317.013	153343
of the Revised Code may be counted both in formula ADM and in	153344
category one, two, three, four, five, or six special education ADM	153345
and, if applicable, in category one , two , three, four, or five	153346
career-technical education ADM. As provided in division (H) of	153347
section 3317.02 of the Revised Code, such a child shall be counted	153348
in category one, two, three, four, five, or six special education	153349
ADM in the same proportion that the child is counted in formula	153350
ADM.	153351

(b) A child enrolled in career-technical education programs	153352
or classes described in section 3317.014 of the Revised Code may	153353
be counted both in formula ADM and category one , two , three,	153354
four, or five career-technical education ADM and, if applicable,	153355
in category one, two, three, four, five, or six special education	153356
ADM. Such a child shall be counted in category one , two , three,	153357
four, or five career-technical education ADM in the same	153358
proportion as the percentage of time that the child spends in the	153359
career-technical education programs or classes.	153360

(4) Based on the information reported under this section, the	153361
department of education shall determine the total student count,	153362
as defined in section 3301.011 of the Revised Code, for each	153363
school district.	153364

(D)(1) The superintendent of each joint vocational school	153365
district shall report and certify to the superintendent of public	153366
instruction ~~on or before~~as of the ~~fifteenth~~last day of October	153367
~~in each year for the first full school week in October the average~~	153368
~~daily membership. If a school operated by the joint vocational~~	153369
~~school district is closed for one or more days during that week~~	153370
~~due to hazardous weather conditions or other circumstances~~	153371
~~described in the first paragraph of division (B) of section~~	153372
~~3317.01 of the Revised Code, the superintendent may apply to the~~	153373
~~superintendent of public instruction for a waiver, under which the~~	153374
~~superintendent of public instruction may exempt the district~~	153375
~~superintendent from certifying the average daily membership for~~	153376
~~that school for that week and specify an alternate week for~~	153377
~~certifying the average daily membership of that school~~, March, and	153378
June of each year the enrollment of students receiving services	153379
from schools under the superintendent's supervision so that the	153380
department can calculate the district's formula ADM, total ADM,	153381
category one through five career-technical education ADM, category	153382
one through three limited English proficient ADM, category one	153383
through six special education ADM, and for purposes of provisions	153384
of law outside of Chapter 3317. of the Revised Code, average daily	153385
membership.	153386

The ~~average daily membership~~enrollment reported and	153387
certified by the superintendent, except as otherwise provided in	153388
this division, shall consist of the ~~average daily membership~~	153389
~~during such week, on an FTE basis, of~~ the number of students in	153390
grades six through twelve receiving any educational services from	153391
the district, ~~including students enrolled in a community school~~	153392
~~established under Chapter 3314. or a science, technology,~~	153393
~~engineering, and mathematics school established under Chapter~~	153394
~~3326. of the Revised Code who are attending the joint vocational~~	153395
~~district and are entitled to attend school in a city, local, or~~	153396
~~exempted village school district whose territory is part of the~~	153397
~~territory of the joint vocational district.~~	153398

~~The~~except that the following categories of students shall	153399
not be included in the determination ~~made under division (D)(1) of~~	153400
~~this section~~:	153401

(a) Students enrolled in adult education classes;

153402

(b) Adjacent or other district joint vocational students	153403
enrolled in the district under an open enrollment policy pursuant	153404
to section 3313.98 of the Revised Code;	153405

(c) Students receiving services in the district pursuant to a	153406
compact, cooperative education agreement, or a contract, but who	153407
are entitled to attend school in a city, local, or exempted	153408
village school district whose territory is not part of the	153409
territory of the joint vocational district;	153410

(d) Students for whom tuition is payable pursuant to sections	153411
3317.081 and 3323.141 of the Revised Code.	153412

(2) To enable the department of education to obtain the data	153413
needed to complete the calculation of payments pursuant to this	153414
chapter, ~~in addition to the ADM,~~ each superintendent shall ~~report~~	153415
~~separately the average daily membership included in the report~~	153416
~~under division (D)(1) of this section~~certify from the report	153417
provided under division (D)(1) of this section the enrollment for	153418
each of the following categories of students ~~for the same week for~~	153419
~~which ADM is certified~~:	153420

(a) Students enrolled in each individual grade included in	153421
the joint vocational district schools;	153422

(b) Children with disabilities receiving special education	153423
services for the category one disability described in division (A)	153424
of section 3317.013 of the Revised Code;	153425

(c) Children with disabilities receiving special education	153426
services for the category two disabilities described in division	153427
(B) of section 3317.013 of the Revised Code;	153428

(d) Children with disabilities receiving special education	153429
services for category three disabilities described in division (C)	153430
of section 3317.013 of the Revised Code;	153431

(e) Children with disabilities receiving special education	153432
services for category four disabilities described in division (D)	153433
of section 3317.013 of the Revised Code;	153434

(f) Children with disabilities receiving special education	153435
services for the category five disabilities described in division	153436
(E) of section 3317.013 of the Revised Code;	153437

(g) Children with disabilities receiving special education	153438
services for category six disabilities described in division (F)	153439
of section 3317.013 of the Revised Code;	153440

(h) Students receiving category one career-technical	153441
education services, described in division (A) of section 3317.014	153442
of the Revised Code;	153443

(i) Students receiving category two career-technical	153444
education services, described in division (B) of section 3317.014	153445
of the Revised Code;	153446

(j) Students receiving category three career-technical	153447
education services, described in division (C) of section 3317.014	153448
of the Revised Code;	153449

(k) Students receiving category four career-technical	153450
education services, described in division (D) of section 3317.014	153451
of the Revised Code;	153452

(l) Students receiving category five career-technical	153453
education services, described in division (E) of section 3317.014	153454
of the Revised Code;	153455

(m) Limited English proficient students described in division	153456
(A) of section 3317.016 of the Revised Code;	153457

(n) Limited English proficient students described in division	153458
(B) of section 3317.016 of the Revised Code;	153459

(o) Limited English proficient students described in division	153460
(C) of section 3317.016 of the Revised Code;	153461

(p) Students who are economically disadvantaged, as defined	153462
by the department. A student shall not be categorically excluded	153463
from the number reported under division (D)(2)(p) of this section	153464
based on anything other than family income.	153465

The superintendent of each joint vocational school district	153466
shall also indicate the city, local, or exempted village school	153467
district in which each joint vocational district pupil is entitled	153468
to attend school pursuant to section 3313.64 or 3313.65 of the	153469
Revised Code.	153470

(E) In each school of each city, local, exempted village,	153471
joint vocational, and cooperative education school district there	153472
shall be maintained a record of school ~~membership~~enrollment,	153473
which record shall accurately show, for each day the school is in	153474
session, the actual ~~membership enrolled~~enrollment in regular day	153475
classes. For the purpose of determining ~~average daily membership~~	153476
the enrollment of students, the ~~membership~~enrollment figure of	153477
any school shall not include any pupils except those pupils	153478
described by division (A) of this section. The record of	153479
~~membership~~enrollment for each school shall be maintained in such	153480
manner that no pupil shall be counted as ~~in membership~~enrolled	153481
prior to the actual date of entry in the school and also in such	153482
manner that where for any cause a pupil permanently withdraws from	153483
the school that pupil shall not be counted as ~~in membership~~	153484
enrolled from and after the date of such withdrawal. There shall	153485
not be included in the ~~membership~~enrollment of any school any of	153486
the following:	153487

(1) Any pupil who has graduated from the twelfth grade of a	153488
public or nonpublic high school;	153489

(2) Any pupil who is not a resident of the state;

153490

(3) Any pupil who was enrolled in the schools of the district	153491
during the previous school year when assessments were administered	153492
under section 3301.0711 of the Revised Code but did not take one	153493
or more of the assessments required by that section and was not	153494
excused pursuant to division (C)(1) or (3) of that section;	153495

(4) Any pupil who has attained the age of twenty-two years,	153496
except for veterans of the armed services whose attendance was	153497
interrupted before completing the recognized twelve-year course of	153498
the public schools by reason of induction or enlistment in the	153499
armed forces and who apply for reenrollment in the public school	153500
system of their residence not later than four years after	153501
termination of war or their honorable discharge;	153502

(5) Any pupil who has a high school equivalence diploma as	153503
defined in section 5107.40 of the Revised Code.	153504

If, however, any veteran described by division (E)(4) of this	153505
section elects to enroll in special courses organized for veterans	153506
for whom tuition is paid under the provisions of federal laws, or	153507
otherwise, that veteran shall not be included in ~~average daily~~	153508
~~membership~~the enrollment of students determined under this	153509
section.	153510

Notwithstanding division (E)(3) of this section, the	153511
~~membership~~enrollment of any school may include a pupil who did	153512
not take an assessment required by section 3301.0711 of the	153513
Revised Code if the superintendent of public instruction grants a	153514
waiver from the requirement to take the assessment to the specific	153515
pupil and a parent is not paying tuition for the pupil pursuant to	153516
section 3313.6410 of the Revised Code. The superintendent may	153517
grant such a waiver only for good cause in accordance with rules	153518
adopted by the state board of education.	153519

~~Except as provided in divisions (B)(2) and (F) of this~~	153520
~~section, the average daily membership figure of any local, city,~~	153521
~~exempted village, or joint vocational school district shall be~~	153522
~~determined by dividing the figure representing the sum of the~~	153523
~~number of pupils enrolled during each day the school of attendance~~	153524
~~is actually open for instruction during the week for which the~~	153525
~~average daily membership is being certified by the total number of~~	153526
~~days the school was actually open for instruction during that~~	153527
~~week. For purposes of state funding, "enrolled" persons are only~~	153528
~~those pupils who are attending school, those who have attended~~	153529
~~school during the current school year and are absent for~~	153530
~~authorized reasons, and those children with disabilities currently~~	153531
~~receiving home instruction.~~	153532

The ~~average daily membership figure~~formula ADM, total ADM,	153533
category one through five career-technical education ADM, category	153534
one through three limited English proficient ADM, category one	153535
through six special education ADM, preschool scholarship ADM,	153536
transportation ADM, and, for purposes of provisions of law outside	153537
of Chapter 3317. of the Revised Code, average daily membership of	153538
any ~~cooperative education~~ school district shall be determined in	153539
accordance with rules adopted by the state board of education.	153540

(F)(1) If a student attending a community school under	153541
Chapter 3314., a science, technology, engineering, and mathematics	153542
school established under Chapter 3326., or a college-preparatory	153543
boarding school established under Chapter 3328. of the Revised	153544
Code is not included in the formula ADM ~~certified~~calculated for	153545
the school district in which the student is entitled to attend	153546
school under section 3313.64 or 3313.65 of the Revised Code, the	153547
department of education shall adjust the formula ADM of that	153548
school district to include the student in accordance with division	153549
(C)(2) of this section, and shall recalculate the school	153550
district's payments under this chapter for the entire fiscal year	153551
on the basis of that adjusted formula ADM. ~~This requirement~~	153552
~~applies regardless of whether the student was enrolled, as defined~~	153553
~~in division (E) of this section, in the community school, the~~	153554
~~science, technology, engineering, and mathematics school, or the~~	153555
~~college-preparatory boarding school during the week for which the~~	153556
~~formula ADM is being certified.~~	153557

(2) If a student awarded an educational choice scholarship is	153558
not included in the formula ADM of the school district from which	153559
the department deducts funds for the scholarship under section	153560
3310.08 of the Revised Code, the department shall adjust the	153561
formula ADM of that school district to include the student to the	153562
extent necessary to account for the deduction, and shall	153563
recalculate the school district's payments under this chapter for	153564
the entire fiscal year on the basis of that adjusted formula ADM.	153565
~~This requirement applies regardless of whether the student was~~	153566
~~enrolled, as defined in division (E) of this section, in the~~	153567
~~chartered nonpublic school, the school district, or a community~~	153568
~~school during the week for which the formula ADM is being~~	153569
~~certified.~~	153570

(3) If a student awarded a scholarship under the Jon Peterson	153571
special needs scholarship program is not included in the formula	153572
ADM of the school district from which the department deducts funds	153573
for the scholarship under section 3310.55 of the Revised Code, the	153574
department shall adjust the formula ADM of that school district to	153575
include the student to the extent necessary to account for the	153576
deduction, and shall recalculate the school district's payments	153577
under this chapter for the entire fiscal year on the basis of that	153578
adjusted formula ADM. ~~This requirement applies regardless of~~	153579
~~whether the student was enrolled, as defined in division (E) of~~	153580
~~this section, in an alternative public provider, a registered~~	153581
~~private provider, or the school district during the week for which~~	153582
~~the formula ADM is being certified.~~	153583

(G)(1)(a) The superintendent of an institution operating a	153584
special education program pursuant to section 3323.091 of the	153585
Revised Code shall, for the programs under such superintendent's	153586
supervision, certify to the state board of education, in the	153587
manner prescribed by the superintendent of public instruction,	153588
both of the following:	153589

(i) The ~~average daily membership~~unduplicated count of the	153590
number of all children with disabilities other than preschool	153591
children with disabilities receiving services at the institution	153592
for each category of disability described in divisions (A) to (F)	153593
of section 3317.013 of the Revised Code adjusted for the portion	153594
of the year each child is so enrolled;	153595

(ii) The ~~average daily membership~~unduplicated count of the	153596
number of all preschool children with disabilities in classes or	153597
programs for whom the district is eligible to receive funding	153598
under section 3317.0213 of the Revised Code adjusted for the	153599
portion of the year each child is so enrolled, reported according	153600
to the categories prescribed in section 3317.013 of the Revised	153601
Code.	153602

(b) The superintendent of an institution with	153603
career-technical education units approved under section 3317.05 of	153604
the Revised Code shall, for the units under the superintendent's	153605
supervision, certify to the state board of education the ~~average~~	153606
~~daily membership~~enrollment in those units, in the manner	153607
prescribed by the superintendent of public instruction.	153608

(2) The superintendent of each county DD board that maintains	153609
special education classes under section 3317.20 of the Revised	153610
Code or provides services to preschool children with disabilities	153611
pursuant to an agreement between the DD board and the appropriate	153612
school district shall do both of the following:	153613

(a) Certify to the state board, in the manner prescribed by	153614
the board, the ~~average daily membership~~enrollment in classes	153615
under section 3317.20 of the Revised Code for each school district	153616
that has placed children in the classes;	153617

(b) Certify to the state board, in the manner prescribed by	153618
the board, the unduplicated count of the number of all preschool	153619
children with disabilities enrolled ~~as of the first day of~~	153620
~~December~~ in classes for which the DD board is eligible to receive	153621
funding under section 3317.0213 of the Revised Code adjusted for	153622
the portion of the year each child is so enrolled, reported	153623
according to the categories prescribed in section 3317.013 of the	153624
Revised Code, and the number of those classes.	153625

(H) Except as provided in division (I) of this section, when	153626
any city, local, or exempted village school district provides	153627
instruction for a nonresident pupil whose attendance is	153628
unauthorized attendance as defined in section 3327.06 of the	153629
Revised Code, that pupil's ~~membership~~enrollment shall not be	153630
included in that district's ~~membership~~enrollment figure used in	153631
calculating the ~~calculation of that~~ district's ~~formula ADM or~~	153632
~~included in the determination of any funding approved for the~~	153633
~~district under section 3317.0213 of the Revised Code~~payments	153634
under this chapter. The reporting official shall report separately	153635
the ~~average daily membership~~enrollment of all pupils whose	153636
attendance in the district is unauthorized attendance, and the	153637
~~membership~~enrollment of each such pupil shall be credited to the	153638
school district in which the pupil is entitled to attend school	153639
under division (B) of section 3313.64 or section 3313.65 of the	153640
Revised Code as determined by the department of education.	153641

(I)(1) A city, local, exempted village, or joint vocational	153642
school district admitting a scholarship student of a pilot project	153643
district pursuant to division (C) of section 3313.976 of the	153644
Revised Code may count such student in its ~~average daily~~	153645
~~membership~~enrollment.	153646

(2) In any year for which funds are appropriated for pilot	153647
project scholarship programs, a school district implementing a	153648
state-sponsored pilot project scholarship program that year	153649
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	153650
count in ~~average daily membership~~its enrollment:	153651

(a) All children residing in the district and utilizing a	153652
scholarship to attend kindergarten in any alternative school, as	153653
defined in section 3313.974 of the Revised Code;	153654

(b) All children who were enrolled in the district in the	153655
preceding year who are utilizing a scholarship to attend an	153656
alternative school.	153657

(J) The superintendent of each cooperative education school	153658
district shall certify to the superintendent of public	153659
instruction, in a manner prescribed by the state board of	153660
education, the applicable ~~average daily memberships~~enrollments	153661
for all students in the cooperative education district, also	153662
indicating the city, local, or exempted village district where	153663
each pupil is entitled to attend school under section 3313.64 or	153664
3313.65 of the Revised Code.	153665

(K) If the superintendent of public instruction determines	153666
that a component of the ~~average daily membership~~enrollment	153667
certified or reported by a district superintendent, or other	153668
reporting entity, is not correct, the superintendent of public	153669
instruction may order that the formula ADM used for the purposes	153670
of payments under any section of Title XXXIII of the Revised Code	153671
be adjusted in the amount of the error.	153672

Sec. 3317.033. In accordance with rules which the state	153673
board of education shall adopt, each joint vocational school	153674
district shall do both of the following:	153675

(A) Maintain a record of district ~~membership~~enrollment of	153676
any persons who are not eligible to be included in the ~~average~~	153677
~~daily membership determined under division (D) of~~district's	153678
formula ADM as that term is defined in section ~~3317.03~~3317.02 of	153679
the Revised Code;	153680

(B) Annually certify to the state board of education the	153681
number of persons for whom a record is maintained under division	153682
(A) of this section. These numbers shall be reported on a	153683
full-time equivalent basis.	153684

Sec. 3317.034. For purposes of section 3317.03 of the	153685
Revised Code:	153686

(A) A student shall be considered to be enrolled in the	153687
district for any portion of the school year the student is	153688
participating at a college under Chapter 3365. of the Revised	153689
Code.	153690

(B) A student shall be considered to be enrolled in the	153691
district for the period of time beginning on the date on which the	153692
school has both received the documentation of the student's	153693
enrollment from a parent and the student has commenced	153694
participation in learning opportunities offered by the district.	153695
For purposes of applying divisions (B) and (C) of this section,	153696
"learning opportunities" means both classroom-based and	153697
nonclassroom-based learning opportunities overseen by licensed	153698
educational employees of the district that is in compliance with	153699
criteria and documentation requirements for student participation,	153700
which shall be established by the department. Any student's	153701
instruction time in nonclassroom-based learning opportunities	153702
shall be certified by an employee of the district.	153703

(C) A student's enrollment shall be considered to cease on	153704
the date on which any of the following occur:	153705

(1) The district receives documentation from a parent	153706
terminating enrollment of the student.	153707

(2) The district is provided documentation of a student's	153708
enrollment in another public or nonpublic school.	153709

(3) The student fails to participate in learning	153710
opportunities and has not received an excused absence for one	153711
hundred and five continuous hours. If a student is withdrawn from	153712
the district for failure to participate in learning opportunities	153713
under division (C)(1)(a)(v) of this section and the district board	153714
determines that the student is truant, the district shall take the	153715
appropriate action required under sections 3321.19 and 3321.191 of	153716
the Revised Code.	153717

(4) The student ceases to participate in learning	153718
opportunities provided by the school.	153719

(D) No public school may enroll or withdraw a student from	153720
the education management information system established under	153721
section 3310.0714 of the Revised Code later than thirty days after	153722
the student's actual enrollment or withdrawal from the school.	153723

Sec. 3317.081. (A) Tuition shall be computed in accordance	153724
with this section if:	153725

(1) The tuition is required by division (C)(3)(b) of section	153726
3313.64 of the Revised Code; or	153727

(2) Neither the child nor the child's parent resides in this	153728
state and tuition is required by section 3327.06 of the Revised	153729
Code.	153730

(B) Tuition computed in accordance with this section shall	153731
equal the attendance district's tuition rate computed under	153732
section 3317.08 of the Revised Code plus the amount in state	153733
education aid, as defined in section 3317.02 of the Revised Code,	153734
that district would have received for the child during the school	153735
year had the ~~attendance district been authorized to count~~	153736
department of education counted the child in ~~its~~the attendance	153737
district's formula ADM for that school year under section 3317.03	153738
of the Revised Code.	153739

Sec. 3317.16. (A) The department of education shall compute	153740
and distribute state core foundation funding to each joint	153741
vocational school district for the fiscal year as prescribed in	153742
the following divisions:	153743

(1) An opportunity grant calculated according to the	153744
following formula:	153745

(The formula amount X formula ADM) - (0.0005 X the	153746

district's three-year average valuation)	153747

If the result of the calculation for a joint vocational	153748
school district under division (A)(1) of this section is less than	153749
zero, the joint vocational school district's opportunity grant	153750
shall be zero.	153751

(2) Additional state aid for special education and related	153752
services provided under Chapter 3323. of the Revised Code	153753
calculated as the sum of the following:	153754

(a) The district's category one special education ADM X the	153755
amount specified in division (A) of section 3317.013 of the	153756
Revised Code X the district's state share percentage;	153757

(b) The district's category two special education ADM X the	153758
amount specified in division (B) of section 3317.013 of the	153759
Revised Code X the district's state share percentage;	153760

(c) The district's category three special education ADM X the	153761
amount specified in division (C) of section 3317.013 of the	153762
Revised Code X the district's state share percentage;	153763

(d) The district's category four special education ADM X the	153764
amount specified in division (D) of section 3317.013 of the	153765
Revised Code X the district's state share percentage;	153766

(e) The district's category five special education ADM X the	153767
amount specified in division (E) of section 3317.013 of the	153768
Revised Code X the district's state share percentage;	153769

(f) The district's category six special education ADM X the	153770
amount specified in division (F) of section 3317.013 of the	153771
Revised Code X the district's state share percentage.	153772

(3) Economically disadvantaged funds calculated according to	153773
the following formula:	153774

($250, in fiscal year 2014, or $253, in fiscal year 2015) X	153775

(the district's economically disadvantaged index) X the number of	153776

students who are economically disadvantaged as ~~reported~~ certified	153777

under division (D)(2)(p) of section 3317.03 of the Revised Code	153778

(4) Limited English proficiency funds calculated as the sum	153779
of the following:	153780

(a) The district's category one limited English proficient	153781
ADM X the amount specified in division (A) of section 3317.016 of	153782
the Revised Code X the district's state share percentage;	153783

(b) The district's category two limited English proficient	153784
ADM X the amount specified in division (B) of section 3317.016 of	153785
the Revised Code X the district's state share percentage;	153786

(c) The district's category three limited English proficient	153787
ADM X the amount specified in division (C) of section 3317.016 of	153788
the Revised Code X the district's state share percentage;	153789

(5) Career-technical education funds calculated as the sum of	153790
the following:	153791

(a) The district's category one career-technical education	153792
ADM X the amount specified in division (A) of section 3317.014 of	153793
the Revised Code X the district's state share percentage;	153794

(b) The district's category two career-technical education	153795
ADM X the amount specified in division (B) of section 3317.014 of	153796
the Revised Code X the district's state share percentage;	153797

(c) The district's category three career-technical education	153798
ADM X the amount specified in division (C) of section 3317.014 of	153799
the Revised Code X the district's state share percentage;	153800

(d) The district's category four career-technical education	153801
ADM X the amount specified in division (D) of section 3317.014 of	153802
the Revised Code X the district's state share percentage;	153803

(e) The district's category five career-technical education	153804
ADM X the amount specified in division (E) of section 3317.014 of	153805
the Revised Code X the district's state share percentage.	153806

Payment of funds under division (A)(5) of this section is	153807
subject to approval under section 3317.161 of the Revised Code.	153808

(6) Career-technical education associated services funds	153809
calculated under the following formula:	153810

The district's state share percentage X the	153811

amount for career-technical education associated services	153812
specified in section 3317.014 of the Revised Code X the sum of	153813
categories one through five career-technical	153814

education ADM	153815

(B)(1) If a joint vocational school district's costs for a	153816
fiscal year for a student in its categories two through six	153817
special education ADM exceed the threshold catastrophic cost for	153818
serving the student, as specified in division (B) of section	153819
3317.0214 of the Revised Code, the district may submit to the	153820
superintendent of public instruction documentation, as prescribed	153821
by the superintendent, of all of its costs for that student. Upon	153822
submission of documentation for a student of the type and in the	153823
manner prescribed, the department shall pay to the district an	153824
amount equal to the sum of the following:	153825

(a) One-half of the district's costs for the student in	153826
excess of the threshold catastrophic cost;	153827

(b) The product of one-half of the district's costs for the	153828
student in excess of the threshold catastrophic cost multiplied by	153829
the district's state share percentage.	153830

(2) The district shall report under division (B)(1) of this	153831
section, and the department shall pay for, only the costs of	153832
educational expenses and the related services provided to the	153833
student in accordance with the student's individualized education	153834
program. Any legal fees, court costs, or other costs associated	153835
with any cause of action relating to the student may not be	153836
included in the amount.	153837

(C)(1) For each student with a disability receiving special	153838
education and related services under an individualized education	153839
program, as defined in section 3323.01 of the Revised Code, at a	153840
joint vocational district, the resident district or, if the	153841
student is enrolled in a community school, the community school	153842
shall be responsible for the amount of any costs of providing	153843
those special education and related services to that student that	153844
exceed the sum of the amount calculated for those services	153845
attributable to that student under division (A) of this section.	153846

Those excess costs shall be calculated by subtracting the sum	153847
of the following from the actual cost to provide special education	153848
and related services to the student:	153849

(a) The formula amount;

153850

(b) The amount specified in section 3317.013 of the Revised	153851
Code that is applicable to the student;	153852

153853

(2) The board of education of the joint vocational school	153854
district may report the excess costs calculated under division	153855
(C)(1) of this section to the department of education.	153856

(3) If the board of education of the joint vocational school	153857
district reports excess costs under division (C)(2) of this	153858
section, the department shall pay the amount of excess cost	153859
calculated under division (C)(2) of this section to the joint	153860
vocational school district and shall deduct that amount as	153861
provided in division (C)(3)(a) or (b) of this section, as	153862
applicable:	153863

(a) If the student is not enrolled in a community school, the	153864
department shall deduct the amount from the account of the	153865
student's resident district pursuant to division (J) of section	153866
3317.023 of the Revised Code.	153867

(b) If the student is enrolled in a community school, the	153868
department shall deduct the amount from the account of the	153869
community school pursuant to section 3314.083 of the Revised Code.	153870

(D)(1) In any fiscal year, a school district receiving funds	153871
under division (A)(5) of this section shall spend those funds only	153872
for the purposes that the department designates as approved for	153873
career-technical education expenses. Career-technical educational	153874
expenses approved by the department shall include only expenses	153875
connected to the delivery of career-technical programming to	153876
career-technical students. The department shall require the school	153877
district to report data annually so that the department may	153878
monitor the district's compliance with the requirements regarding	153879
the manner in which funding received under division (A)(5) of this	153880
section may be spent.	153881

(2) All funds received under division (A)(5) of this section	153882
shall be spent in the following manner:	153883

(a) At least seventy-five per cent of the funds shall be	153884
spent on curriculum development, purchase, and implementation;	153885
instructional resources and supplies; industry-based program	153886
certification; student assessment, credentialing, and placement;	153887
curriculum specific equipment purchases and leases;	153888
career-technical student organization fees and expenses; home and	153889
agency linkages; work-based learning experiences; professional	153890
development; and other costs directly associated with	153891
career-technical education programs including development of new	153892
programs.	153893

(b) Not more than twenty-five per cent of the funds shall be	153894
used for personnel expenditures.	153895

(E) In any fiscal year, a school district receiving funds	153896
under division (A)(6) of this section, or through a transfer of	153897
funds pursuant to division (I) of section 3317.023 of the Revised	153898
Code, shall spend those funds only for the purposes that the	153899
department designates as approved for career-technical education	153900
associated services expenses, which may include such purposes as	153901
apprenticeship coordinators, coordinators for other	153902
career-technical education services, career-technical evaluation,	153903
and other purposes designated by the department. The department	153904
may deny payment under division (A)(6) of this section to any	153905
district that the department determines is not operating those	153906
services or is using funds paid under division (A)(6) of this	153907
section, or through a transfer of funds pursuant to division (I)	153908
of section 3317.023 of the Revised Code, for other purposes.	153909

(F) A joint vocational school district shall spend the funds	153910
it receives under division (A)(3) of this section in accordance	153911
with section 3317.25 of the Revised Code.	153912

(G) As used in this section:

153913

(1) "Community school" means a community school established	153914
under Chapter 3314. of the Revised Code.	153915

(2) "Resident district" means the city, local, or exempted	153916
village school district in which a student is entitled to attend	153917
school under section 3313.64 or 3313.65 of the Revised Code.	153918

(3) "State share percentage" is equal to the following:

153919

The amount computed under division (A)(1) of this section /	153920

(the formula amount X formula ADM)	153921

Sec. 3317.201. This section does not apply to preschool	153922
children with disabilities.	153923

(A) As used in this section, the "total special education	153924
amount" for an institution means the sum of the following amounts:	153925

(1) The number of children ~~reported~~certified by the	153926
institution under division (G)(1)(a)(i) of section 3317.03 of the	153927
Revised Code as receiving services for a disability described in	153928
division (A) of section 3317.013 of the Revised Code multiplied by	153929
the amount specified in that division;	153930

(2) The number of children ~~reported~~certified by the	153931
institution under division (G)(1)(a)(i) of section 3317.03 of the	153932
Revised Code as receiving services for a disability described in	153933
division (B) of section 3317.013 of the Revised Code multiplied by	153934
the amount specified in that division;	153935

(3) The number of children ~~reported~~certified by the	153936
institution under division (G)(1)(a)(i) of section 3317.03 of the	153937
Revised Code as receiving services for a disability described in	153938
division (C) of section 3317.013 of the Revised Code multiplied by	153939
the amount specified in that division;	153940

(4) The number of children ~~reported~~certified by the	153941
institution under division (G)(1)(a)(i) of section 3317.03 of the	153942
Revised Code as receiving services for a disability described in	153943
division (D) of section 3317.013 of the Revised Code multiplied by	153944
the amount specified in that division;	153945

(5) The number of children ~~reported~~certified by the	153946
institution under division (G)(1)(a)(i) of section 3317.03 of the	153947
Revised Code as receiving services for a disability described in	153948
division (E) of section 3317.013 of the Revised Code multiplied by	153949
the amount specified in that division;	153950

(6) The number of children ~~reported~~certified by the	153951
institution under division (G)(1)(a)(i) of section 3317.03 of the	153952
Revised Code as receiving services for a disability described in	153953
division (F) of section 3317.013 of the Revised Code multiplied by	153954
the amount specified in that division.	153955

(B) For each fiscal year, the department of education shall	153956
pay each state institution required to provide special education	153957
services under division (A) of section 3323.091 of the Revised	153958
Code an amount equal to the institution's total special education	153959
amount.	153960

Sec. 3317.30. (A) In the case of a child placed in the	153961
custody of a juvenile facility established under section 2151.65	153962
or a detention facility established under section 2152.41 of the	153963
Revised Code, payment for the child's education services shall be	153964
administered by one of the following methods:	153965

(1) If the facility educates the child, the facility, or the	153966
chartered nonpublic school it operates, may submit its request for	153967
payment directly to the school district that is to bear the cost	153968
of educating the child, as determined under section 2151.362 of	153969
the Revised Code. That district shall pay the facility or the	153970
chartered nonpublic school directly for those services.	153971

(2) If the facility contracts directly with a school district	153972
in which the facility is located for services for that child, the	153973
school district may submit its request for payment directly to the	153974
school district that is to bear the cost of educating the child,	153975
as determined under section 2151.362 of the Revised Code. That	153976
district shall pay the school district where the facility is	153977
located directly for those services.	153978

(3) If that facility contracts directly with an educational	153979
service center for services for that child, the service center may	153980
submit its request for payment for services for the child directly	153981
to the school district that is responsible to bear the cost of	153982
educating the child, as determined under section 2151.362 of the	153983
Revised Code. That district shall pay the service center directly	153984
for those services.	153985

(B) Notwithstanding anything to the contrary in section	153986
3317.03 of the Revised Code, the district that pays a service	153987
center, facility or chartered nonpublic school the facility	153988
operates, or other school district for services for a particular	153989
child under this section shall include that child in the	153990
district's ~~average daily membership~~enrollment as reported under	153991
division (A) of section 3317.03 of the Revised Code. No other	153992
district shall include the child in its ~~average daily membership~~	153993
enrollment.	153994

Payments made for a child under this section shall be	153995
determined in accordance with division (C)(4) of section 3313.64	153996
of the Revised Code.	153997

Sec. 3318.18. (A) As used in this section:

153998

(1) "Valuation" of a school district means the sum of the	153999
amounts described in divisions (A)(1) and (2) of section 3317.021	154000
of the Revised Code as most recently certified for the district	154001
before the annual computation is made under division (B) of this	154002
section.	154003

(2) "Valuation per pupil" of a school district means the	154004
district's valuation divided by the district's formula ADM as most	154005
recently ~~reported for October~~calculated under section 3317.03 of	154006
the Revised Code before the annual computation is made under	154007
division (B) of this section.	154008

(3) "Statewide average valuation per pupil" means the total	154009
of the valuations of all school districts divided by the total of	154010
the formula ADMs of all school districts as most recently ~~reported~~	154011
~~for October~~calculated under section 3317.03 of the Revised Code	154012
before the annual computation is made under division (C) of this	154013
section.	154014

(4) "Maintenance levy requirement" means the tax required to	154015
be levied pursuant to division (C)(2)(a) of section 3318.08 and	154016
division (B) of section 3318.05 of the Revised Code or the	154017
application of proceeds of another levy to paying the costs of	154018
maintaining classroom facilities pursuant to division (A)(2) of	154019
section 3318.052, division (C)(1) or (C)(2)(b) of section 3318.08,	154020
or division (D)(2) of section 3318.36 of the Revised Code, or a	154021
combination thereof.	154022

(5) "Project agreement" means an agreement between a school	154023
district and the Ohio school facilities commission under section	154024
3318.08 or division (B)(1) of section 3318.36 of the Revised Code.	154025

(B) On or before July 1, 2006, the department of education	154026
shall compute the statewide average valuation per pupil and the	154027
valuation per pupil of each school district, and provide them to	154028
the Ohio school facilities commission. On or before the first day	154029
of July each year beginning in 2007, the department of education	154030
shall compute the statewide average valuation per pupil and the	154031
valuation per pupil of each school district that has not already	154032
entered into a project agreement, and provide the results of those	154033
computations to the commission.	154034

(C)(1) At the time the Ohio school facilities commission	154035
enters into a project agreement with a school district, the	154036
commission shall compute the difference between the district's	154037
valuation per pupil and the statewide average valuation per pupil	154038
as most recently provided to the commission under division (B) of	154039
this section. If the school district's valuation per pupil is less	154040
than the average statewide valuation per pupil, the commission	154041
shall multiply the difference between those amounts by one-half	154042
mill times the formula ADM of the district as most recently	154043
reported to the department of education for October under division	154044
(A) of section 3317.03 of the Revised Code. The commission shall	154045
certify the resulting product to the department of education,	154046
along with the date on which the maintenance levy requirement	154047
terminates as provided in the project agreement between the school	154048
district board and the commission.	154049

(2) In the case of a school district that entered into a	154050
project agreement after July 1, 1997, but before July 1, 2006, the	154051
commission shall make the computation described in division (C)(1)	154052
of this section on the basis of the district's valuation per pupil	154053
and the statewide average valuation per pupil computed as of	154054
September 1, 2006, and the district's formula ADM reported for	154055
October 2005.	154056

(3) The amount computed for a school district under division	154057
(C)(1) or (2) of this section shall not change for the period	154058
during which payments are made to the district under division (D)	154059
of this section.	154060

(4) A computation need not be made under division (C)(1) or	154061
(2) of this section for a school district that certified a	154062
resolution to the commission under division (D)(3) of section	154063
3318.36 of the Revised Code until the district becomes eligible	154064
for state assistance as provided in that division.	154065

(D) In the fourth quarter of each fiscal year, for each	154066
school district for which a computation has been made under	154067
division (C) of this section, the department of education shall	154068
pay the amount computed to each such school district. Payments	154069
shall be made to a school district each year until and including	154070
the tax year in which the district's maintenance levy requirement	154071
terminates. Payments shall be paid from the half-mill equalization	154072
fund, subject to appropriation by the general assembly. However,	154073
the department shall make no payments under this section to any	154074
district that elects the procedure authorized by section 3318.051	154075
of the Revised Code.	154076

(E) Payments made to a school district under this section	154077
shall be credited to the district's classroom facilities	154078
maintenance fund and shall be used only for the purpose of	154079
maintaining facilities constructed or renovated under the project	154080
agreement.	154081

(F) There is hereby created in the state treasury the	154082
half-mill equalization fund. The fund shall receive transfers	154083
pursuant to section 5727.85 of the Revised Code. The fund shall be	154084
used first to make annual payments under division (D) of this	154085
section. If a balance remains in the fund after such payments are	154086
made in full for a year, the Ohio school facilities commission may	154087
request the controlling board to transfer a reasonable amount from	154088
such remaining balance to the public school building fund created	154089
under section 3318.15 of the Revised Code for the purposes of this	154090
chapter.	154091

All investment earnings arising from investment of money in	154092
the half-mill equalization fund shall be credited to the fund.	154093

Sec. 3318.42. (A) Not later than the sixty-first day after	154094
~~the effective date of this section~~March 14, 2003, and	154095
subsequently not later than the sixty-first day after the first	154096
day of each ensuing fiscal year, the department of education shall	154097
do all of the following:	154098

(1) Calculate the valuation per pupil of each joint	154099
vocational school district according to the following formula:	154100

The school district's average taxable value divided by the	154101

school district's formula ADM ~~reported~~ calculated under section	154102

3317.03 of the Revised Code for the previous fiscal year.	154103

For purposes of this calculation:

154104

(a) "Average taxable value" means the average of the amounts	154105
certified for a school district in the second, third, and fourth	154106
preceding tax years under divisions (A)(1) and (2) of section	154107
3317.021 of the Revised Code.	154108

(b) "Formula ADM" has the same meaning as defined in section	154109
3317.02 of the Revised Code.	154110

(2) Calculate for each school district the three-year average	154111
of the valuations per pupil calculated for the school district for	154112
the current and two preceding fiscal years;	154113

(3) Rank all joint vocational school districts in order from	154114
the school district with the lowest three-year average valuation	154115
per pupil to the school district with the highest three-year	154116
average valuation per pupil;	154117

(4) Divide the ranking under division (A)(3) of this section	154118
into percentiles with the first percentile containing the one per	154119
cent of school districts having the lowest three-year average	154120
valuations per pupil and the one-hundredth percentile containing	154121
the one per cent of school districts having the highest three-year	154122
average valuations per pupil;	154123

(5) Certify the information described in divisions (A)(1) to	154124
(4) of this section to the Ohio school facilities commission.	154125

(B) The commission annually shall select school districts for	154126
assistance under sections 3318.40 to 3318.45 of the Revised Code	154127
in the order of the school districts' three-year average	154128
valuations per pupil such that the school district with the lowest	154129
three-year average valuation per pupil shall be given the highest	154130
priority for assistance.	154131

(C) Each joint vocational school district's portion of the	154132
basic project cost of the school district's project under sections	154133
3318.40 to 3318.45 of the Revised Code shall be one per cent times	154134
the percentile in which the district ranks, except that no school	154135
district's portion shall be less than twenty-five per cent or	154136
greater than ninety-five per cent of the basic project cost.	154137

Sec. 3327.05. (A) Except as provided in division (B) of this	154138
section, no board of education of any school district shall	154139
provide transportation for any pupil who is a school resident of	154140
another school district unless the pupil is enrolled pursuant to	154141
section 3313.98 of the Revised Code or the board of the other	154142
district has given its written consent thereto. If the board of	154143
any school district files with the state board of education a	154144
written complaint that transportation for resident pupils is being	154145
provided by the board of another school district contrary to this	154146
division, the state board of education shall make an investigation	154147
of such complaint. If the state board of education finds that	154148
transportation is being provided contrary to this section, it may	154149
withdraw from state funds due the offending district any part of	154150
the amount that has been approved for transportation pursuant to	154151
section 3317.0212 of the Revised Code or other provisions of law.	154152

(B) Notwithstanding division (D) of section 3311.19 and	154153
division (D) of section 3311.52 of the Revised Code, this division	154154
does not apply to any joint vocational or cooperative education	154155
school district.	154156

A board of education may provide transportation to and from	154157
the nonpublic school of attendance if both of the following apply:	154158

(1) The parent, guardian, or other person in charge of the	154159
pupil agrees to pay the board for all costs incurred in providing	154160
the transportation that are not reimbursed pursuant to Chapter	154161
3317. of the Revised Code;	154162

(2) The pupil's school district of residence does not provide	154163
transportation for public school pupils of the same grade as the	154164
pupil being transported under this division, or that district is	154165
not required under section 3327.01 of the Revised Code to	154166
transport the pupil to and from the nonpublic school because the	154167
direct travel time to the nonpublic school is more than thirty	154168
minutes.	154169

Upon receipt of the request to provide transportation, the	154170
board shall review the request and determine whether the board	154171
will accommodate the request. If the board agrees to transport the	154172
pupil, the board may transport the pupil to and from the nonpublic	154173
school and a collection point in the district, as determined by	154174
the board. If the board transports the pupil, the board may	154175
include the pupil in the district's ~~transportation ADM~~enrollment	154176
reported to the department of education for purposes of	154177
calculating the district's transportation ADM under section	154178
3317.03 of the Revised Code and, accordingly, may receive a state	154179
payment under section 3317.0212 of the Revised Code or other	154180
provisions of law for transporting the pupil.	154181

If the board declines to transport the pupil, the board, in a	154182
written communication to the parent, guardian, or other person in	154183
charge of the pupil, shall state the reasons for declining the	154184
request.	154185

Sec. 3328.32. ~~The city, exempted village, or local school~~	154186
~~district in which each~~Each child enrolled in a	154187
college-preparatory boarding school established under this chapter	154188
~~is entitled to attend school~~ shall ~~count that child~~be included in	154189
the ~~district's average daily membership~~enrollment of the district	154190
in which the child is entitled to attend school and in the	154191
district's category one through six special education ~~ADM~~	154192
enrollment, as appropriate, as reported under ~~divisions (A) and~~	154193
~~(B)(5) to (10) of~~ section 3317.03 of the Revised Code.	154194

The department of education shall count that child in the	154195
district's formula ADM, total ADM, and, as appropriate, category	154196
one through six special education ADM.	154197

Sec. 3328.33. (A) For each child enrolled in a	154198
college-preparatory boarding school, as reported under section	154199
3328.31 of the Revised Code, the department of education shall	154200
deduct from the state education aid and, if necessary, from the	154201
payment under sections 321.24 and 323.156 of the Revised Code, for	154202
the city, exempted village, or local school district in which the	154203
child is entitled to attend school the amount calculated under	154204
division (B) of this section, as set forth in the agreement filed	154205
with the department under division (C) of this section.	154206

(B) Each participating school district, in consultation with	154207
the college-preparatory boarding school's board of trustees, shall	154208
calculate the amount of funds per student to be deducted from the	154209
district's account under division (A) of this section, which shall	154210
be set forth in the agreement required by division (C) of this	154211
section. The amount to be deducted for each student shall equal	154212
eighty-five per cent of the operating expenditure per pupil of	154213
that district.	154214

As used in this division, a district's "operating expenditure	154215
per pupil" is the total amount of state payments and other	154216
nonfederal revenue spent by the district for operating expenses	154217
during the previous fiscal year, divided by the district's ~~average~~	154218
~~daily membership~~formula ADM, as ~~reported under division (A) of~~	154219
that term is defined in section ~~3317.03~~3317.02 of the Revised	154220
Code, for the previous fiscal year.	154221

(C) Each participating school district and the	154222
college-preparatory boarding school's board of trustees shall	154223
execute an agreement setting forth the amount per student to be	154224
deducted from the district's account, as calculated under division	154225
(B) of this section, and shall file a copy of that agreement with	154226
the department.	154227

Sec. 5727.85. (A) By the thirty-first day of July of each	154228
year, beginning in 2002 and ending in 2010, the department of	154229
education shall determine the following for each school district	154230
and each joint vocational school district:	154231

(1) The state education aid offset, which, except as provided	154232
in division (A)(1)(c) of this section, is the difference obtained	154233
by subtracting the amount described in division (A)(1)(b) of this	154234
section from the amount described in division (A)(1)(a) of this	154235
section:	154236

(a) The state education aid computed for the school district	154237
or joint vocational school district for the current fiscal year as	154238
of the thirty-first day of July;	154239

(b) The state education aid that would be computed for the	154240
school district or joint vocational school district for the	154241
current fiscal year as of the thirty-first day of July if the	154242
recognized valuation included the tax value loss for the school	154243
district or joint vocational school district;	154244

(c) The state education aid offset for fiscal year 2010 and	154245
fiscal year 2011 equals the greater of the state education aid	154246
offset calculated for that fiscal year under divisions (A)(1)(a)	154247
and (b) of this section or the state education aid offset	154248
calculated for fiscal year 2009.	154249

(2) For fiscal years 2008 through 2011, the greater of zero	154250
or the difference obtained by subtracting the state education aid	154251
offset determined under division (A)(1) of this section from the	154252
fixed-rate levy loss certified under division (J) of section	154253
5727.84 of the Revised Code for all taxing districts in each	154254
school district and joint vocational school district.	154255

By the fifth day of August of each such year, the department	154256
of education shall certify the amount so determined under division	154257
(A)(1) of this section to the director of budget and management.	154258

(B) Not later than the thirty-first day of October of the	154259
years 2006 through 2010, the department of education shall	154260
determine all of the following for each school district:	154261

(1) The amount obtained by subtracting the district's state	154262
education aid computed for fiscal year 2002 from the district's	154263
state education aid computed for the current fiscal year as of the	154264
fifteenth day of July, by including in the definition of	154265
recognized valuation the machinery and equipment, inventory,	154266
furniture and fixtures, and telephone property tax value losses,	154267
as defined in section 5751.20 of the Revised Code, for the school	154268
district or joint vocational school district for the preceding tax	154269
year;	154270

(2) The inflation-adjusted property tax loss. The	154271
inflation-adjusted property tax loss equals the fixed-rate levy	154272
loss, excluding the tax loss from levies within the ten-mill	154273
limitation to pay debt charges, determined under division (G) of	154274
section 5727.84 of the Revised Code for all taxing districts in	154275
each school district, plus the product obtained by multiplying	154276
that loss by the cumulative percentage increase in the consumer	154277
price index from January 1, 2002, to the thirtieth day of June of	154278
the current year.	154279

(3) The difference obtained by subtracting the amount	154280
computed under division (B)(1) from the amount of the	154281
inflation-adjusted property tax loss. If this difference is zero	154282
or a negative number, no further payments shall be made under	154283
division (C) of this section to the school district from the	154284
school district property tax replacement fund.	154285

(C) Beginning in 2002 for school districts and beginning in	154286
August 2011 for joint vocational school districts, the department	154287
of education shall pay from the school district property tax	154288
replacement fund to each school district all of the following:	154289

(1) In February 2002, one-half of the fixed-rate levy loss	154290
certified under division (J) of section 5727.84 of the Revised	154291
Code between the twenty-first and twenty-eighth days of February.	154292

(2) From August 2002 through February 2011, one-half of the	154293
amount calculated for that fiscal year under division (A)(2) of	154294
this section between the twenty-first and twenty-eighth days of	154295
August and of February, provided the difference computed under	154296
division (B)(3) of this section is not less than or equal to zero.	154297

(3) For fiscal years 2012 and thereafter, the sum of the	154298
amounts in divisions (C)(3)(a) or (b) and (c) of this section	154299
shall be paid on or before the thirty-first day of August and the	154300
twenty-eighth day of February:	154301

(a) If the ratio of 2011 current expense S.B. 3 allocation to	154302
total resources is equal to or less than the threshold per cent,	154303
zero;	154304

(b) If the ratio of 2011 current expense S.B. 3 allocation to	154305
total resources is greater than the threshold per cent, fifty per	154306
cent of the difference of 2011 current expense S.B. 3 allocation	154307
minus the product of total resources multiplied by the threshold	154308
per cent;	154309

(c) Fifty per cent of the product of 2011 non-current expense	154310
S.B. 3 allocation multiplied by seventy-five per cent for fiscal	154311
year 2012 and fifty per cent for fiscal years 2013 and thereafter.	154312

The department of education shall report to each school	154313
district the apportionment of the payments among the school	154314
district's funds based on the certifications under division (J) of	154315
section 5727.84 of the Revised Code.	154316

(D) For taxes levied within the ten-mill limitation for debt	154317
purposes in tax year 1998 in the case of electric company tax	154318
value losses, and in tax year 1999 in the case of natural gas	154319
company tax value losses, payments shall be made equal to one	154320
hundred per cent of the loss computed as if the tax were a	154321
fixed-rate levy, but those payments shall extend from fiscal year	154322
2006 through fiscal year 2016.	154323

(E) Not later than January 1, 2002, for all taxing districts	154324
in each joint vocational school district, the tax commissioner	154325
shall certify to the department of education the fixed-rate levy	154326
loss determined under division (G) of section 5727.84 of the	154327
Revised Code. From February 2002 through February 2011, the	154328
department shall pay from the school district property tax	154329
replacement fund to the joint vocational school district one-half	154330
of the amount calculated for that fiscal year under division	154331
(A)(2) of this section between the twenty-first and twenty-eighth	154332
days of August and of February.	154333

(F)(1) Not later than January 1, 2002, for each fixed-sum	154334
levy levied by each school district or joint vocational school	154335
district and for each year for which a determination is made under	154336
division (H) of section 5727.84 of the Revised Code that a	154337
fixed-sum levy loss is to be reimbursed, the tax commissioner	154338
shall certify to the department of education the fixed-sum levy	154339
loss determined under that division. The certification shall cover	154340
a time period sufficient to include all fixed-sum levies for which	154341
the tax commissioner made such a determination. The department	154342
shall pay from the school district property tax replacement fund	154343
to the school district or joint vocational school district	154344
one-half of the fixed-sum levy loss so certified for each year	154345
between the twenty-first and twenty-eighth days of August and of	154346
February.	154347

(2) Beginning in 2003, by the thirty-first day of January of	154348
each year, the tax commissioner shall review the certification	154349
originally made under division (F)(1) of this section. If the	154350
commissioner determines that a debt levy that had been scheduled	154351
to be reimbursed in the current year has expired, a revised	154352
certification for that and all subsequent years shall be made to	154353
the department of education.	154354

(G) If the balance of the half-mill equalization fund created	154355
under section 3318.18 of the Revised Code is insufficient to make	154356
the full amount of payments required under division (D) of that	154357
section, the department of education, at the end of the third	154358
quarter of the fiscal year, shall certify to the director of	154359
budget and management the amount of the deficiency, and the	154360
director shall transfer an amount equal to the deficiency from the	154361
school district property tax replacement fund to the half-mill	154362
equalization fund.	154363

(H) Beginning in August 2002, and ending in May 2011, the	154364
director of budget and management shall transfer from the school	154365
district property tax replacement fund to the general revenue fund	154366
each of the following:	154367

(1) Between the twenty-eighth day of August and the fifth day	154368
of September, the lesser of one-half of the amount certified for	154369
that fiscal year under division (A)(2) of this section or the	154370
balance in the school district property tax replacement fund;	154371

(2) Between the first and fifth days of May, the lesser of	154372
one-half of the amount certified for that fiscal year under	154373
division (A)(2) of this section or the balance in the school	154374
district property tax replacement fund.	154375

(I) On the first day of June each year, the director of	154376
budget and management shall transfer any balance remaining in the	154377
school district property tax replacement fund after the payments	154378
have been made under divisions (C), (D), (E), (F), (G), and (H) of	154379
this section to the half-mill equalization fund created under	154380
section 3318.18 of the Revised Code to the extent required to make	154381
any payments in the current fiscal year under that section, and	154382
shall transfer the remaining balance to the general revenue fund.	154383

(J) After fiscal year 2002, if the total amount in the school	154384
district property tax replacement fund is insufficient to make all	154385
payments under divisions (C), (D), (E), (F), and (G) of this	154386
section at the time the payments are to be made, the director of	154387
budget and management shall transfer from the general revenue fund	154388
to the school district property tax replacement fund the	154389
difference between the total amount to be paid and the total	154390
amount in the school district property tax replacement fund,	154391
except that no transfer shall be made by reason of a deficiency to	154392
the extent that it results from the amendment of section 5727.84	154393
of the Revised Code by Amended Substitute House Bill No. 95 of the	154394
125th general assembly.	154395

(K) If all of the territory of a school district or joint	154396
vocational school district is merged with an existing district, or	154397
if a part of the territory of a school district or joint	154398
vocational school district is transferred to an existing or new	154399
district, the department of education, in consultation with the	154400
tax commissioner, shall adjust the payments made under this	154401
section as follows:	154402

(1) For the merger of all of the territory of two or more	154403
districts, the total resources, 2011 current expense S.B. 3	154404
allocation, total 2011 S.B. 3 allocation, 2011 non-current expense	154405
S.B. 3 allocation, and fixed-sum levy loss of the successor	154406
district shall be equal to the sum of the total resources, 2011	154407
current expense S.B. 3 allocation, total 2011 S.B. 3 allocation,	154408
2011 non-current expense S.B. 3 allocation, and fixed-sum levy	154409
loss for each of the districts involved in the merger.	154410

(2) For the transfer of a part of one district's territory to	154411
an existing district, the amount of the total resources, 2011	154412
current expense S.B. 3 allocation, total 2011 S.B. 3 allocation,	154413
and 2011 non-current expense S.B. 3 allocation that is transferred	154414
to the recipient district shall be an amount equal to the	154415
transferring district's total resources, 2011 current expense S.B.	154416
3 allocation, total 2011 S.B. 3 allocation, and 2011 non-current	154417
expense S.B. 3 allocation times a fraction, the numerator of which	154418
is the number of pupils being transferred to the recipient	154419
district, measured, in the case of a school district, by ~~average~~	154420
~~daily membership~~formula ADM as ~~reported under division (A) of~~	154421
that term is defined in section ~~3317.03~~3317.02 of the Revised	154422
Code or, in the case of a joint vocational school district, by	154423
formula ADM as ~~reported in division (D) of~~defined for a joint	154424
vocational school district in that section, and the denominator of	154425
which is the average daily membership or formula ADM of the	154426
transferor district. Fixed-sum levy losses for both districts	154427
shall be determined under division (K)(4) of this section.	154428

(3) For the transfer of a part of the territory of one or	154429
more districts to create a new district:	154430

(a) If the new district is created on or after January 1,	154431
2000, but before January 1, 2005, the new district shall be paid	154432
its current fixed-rate levy loss through August 2009. In February	154433
2010, August 2010, and February 2011, the new district shall be	154434
paid fifty per cent of the lesser of: (i) the amount calculated	154435
under division (C)(2) of this section or (ii) an amount equal to	154436
seventy per cent of the new district's fixed-rate levy loss.	154437

Beginning in fiscal year 2012, the new district shall be paid	154438
as provided in division (C) of this section.	154439

Fixed-sum levy losses for the districts shall be determined	154440
under division (K)(4) of this section.	154441

(b) If the new district is created on or after January 1,	154442
2005, the new district shall be deemed not to have any fixed-rate	154443
levy loss or, except as provided in division (K)(4) of this	154444
section, fixed-sum levy loss. The district or districts from which	154445
the territory was transferred shall have no reduction in their	154446
fixed-rate levy loss, or, except as provided in division (K)(4) of	154447
this section, their fixed-sum levy loss.	154448

(4) If a recipient district under division (K)(2) of this	154449
section or a new district under division (K)(3)(a) or (b) of this	154450
section takes on debt from one or more of the districts from which	154451
territory was transferred, and any of the districts transferring	154452
the territory had fixed-sum levy losses, the department of	154453
education, in consultation with the tax commissioner, shall make	154454
an equitable division of the fixed-sum levy losses.	154455

Sec. 5751.21. (A) Not later than the thirtieth day of July	154456
of 2007 through 2010, the department of education shall consult	154457
with the director of budget and management and determine the	154458
following for each school district and each joint vocational	154459
school district eligible for payment under division (B) of this	154460
section:	154461

(1) The state education aid offset, which, except as provided	154462
in division (A)(1)(c) of this section, is the difference obtained	154463
by subtracting the amount described in division (A)(1)(b) of this	154464
section from the amount described in division (A)(1)(a) of this	154465
section:	154466

(a) The state education aid computed for the school district	154467
or joint vocational school district for the current fiscal year as	154468
of the thirtieth day of July;	154469

(b) The state education aid that would be computed for the	154470
school district or joint vocational school district for the	154471
current fiscal year as of the thirtieth day of July if the	154472
valuation used in the calculation in division (B)(1) of section	154473
3306.13 of the Revised Code as that division existed for fiscal	154474
years 2010 and 2011 included the machinery and equipment,	154475
inventory, furniture and fixtures, and telephone property tax	154476
value losses for the school district or joint vocational school	154477
district for the second preceding tax year, and if taxes charged	154478
and payable associated with the tax value losses are accounted for	154479
in any state education aid computation dependent on taxes charged	154480
and payable.	154481

(c) The state education aid offset for fiscal year 2010 and	154482
fiscal year 2011 equals the greater of the state education aid	154483
offset calculated for that fiscal year under divisions (A)(1)(a)	154484
and (b) of this section and the state education aid offset	154485
calculated for fiscal year 2009. For fiscal year 2012 and 2013,	154486
the state education aid offset equals the state education aid	154487
offset for fiscal year 2011.	154488

(2) For fiscal years 2008 through 2011, the greater of zero	154489
or the difference obtained by subtracting the state education aid	154490
offset determined under division (A)(1) of this section from the	154491
sum of the machinery and equipment fixed-rate levy loss, the	154492
inventory fixed-rate levy loss, furniture and fixtures fixed-rate	154493
levy loss, and telephone property fixed-rate levy loss certified	154494
under divisions (G) and (I) of section 5751.20 of the Revised Code	154495
for all taxing districts in each school district and joint	154496
vocational school district for the second preceding tax year.	154497

By the thirtieth day of July of each such year, the	154498
department of education and the director of budget and management	154499
shall agree upon the amount to be determined under division (A)(1)	154500
of this section.	154501

(B) On or before the thirty-first day of August of 2008,	154502
2009, and 2010, the department of education shall recalculate the	154503
offset described under division (A) of this section for the	154504
previous fiscal year and recalculate the payments made under	154505
division (C) of this section in the preceding fiscal year using	154506
the offset calculated under this division. If the payments	154507
calculated under this division differ from the payments made under	154508
division (C) of this section in the preceding fiscal year, the	154509
difference shall either be paid to a school district or recaptured	154510
from a school district through an adjustment at the same times	154511
during the current fiscal year that the payments under division	154512
(C) of this section are made. In August and October of the current	154513
fiscal year, the amount of each adjustment shall be three-sevenths	154514
of the amount calculated under this division. In May of the	154515
current fiscal year, the adjustment shall be one-seventh of the	154516
amount calculated under this division.	154517

(C) The department of education shall pay from the school	154518
district tangible property tax replacement fund to each school	154519
district and joint vocational school district all of the following	154520
for fixed-rate levy losses certified under divisions (G) and (I)	154521
of section 5751.20 of the Revised Code:	154522

(1) On or before May 31, 2006, one-seventh of the total	154523
fixed-rate levy loss for tax year 2006;	154524

(2) On or before August 31, 2006, and October 31, 2006,	154525
one-half of six-sevenths of the total fixed-rate levy loss for tax	154526
year 2006;	154527

(3) On or before May 31, 2007, one-seventh of the total	154528
fixed-rate levy loss for tax year 2007;	154529

(4) On or before August 31, 2007, and October 31, 2007,	154530
forty-three per cent of the amount determined under division	154531
(A)(2) of this section for fiscal year 2008, but not less than	154532
zero, plus one-half of six-sevenths of the difference between the	154533
total fixed-rate levy loss for tax year 2007 and the total	154534
fixed-rate levy loss for tax year 2006.	154535

(5) On or before May 31, 2008, fourteen per cent of the	154536
amount determined under division (A)(2) of this section for fiscal	154537
year 2008, but not less than zero, plus one-seventh of the	154538
difference between the total fixed-rate levy loss for tax year	154539
2008 and the total fixed-rate levy loss for tax year 2006.	154540

(6) On or before August 31, 2008, and October 31, 2008,	154541
forty-three per cent of the amount determined under division	154542
(A)(2) of this section for fiscal year 2009, but not less than	154543
zero, plus one-half of six-sevenths of the difference between the	154544
total fixed-rate levy loss in tax year 2008 and the total	154545
fixed-rate levy loss in tax year 2007.	154546

(7) On or before May 31, 2009, fourteen per cent of the	154547
amount determined under division (A)(2) of this section for fiscal	154548
year 2009, but not less than zero, plus one-seventh of the	154549
difference between the total fixed-rate levy loss for tax year	154550
2009 and the total fixed-rate levy loss for tax year 2007.	154551

(8) On or before August 31, 2009, and October 31, 2009,	154552
forty-three per cent of the amount determined under division	154553
(A)(2) of this section for fiscal year 2010, but not less than	154554
zero, plus one-half of six-sevenths of the difference between the	154555
total fixed-rate levy loss in tax year 2009 and the total	154556
fixed-rate levy loss in tax year 2008.	154557

(9) On or before May 31, 2010, fourteen per cent of the	154558
amount determined under division (A)(2) of this section for fiscal	154559
year 2010, but not less than zero, plus one-seventh of the	154560
difference between the total fixed-rate levy loss in tax year 2010	154561
and the total fixed-rate levy loss in tax year 2008.	154562

(10) On or before August 31, 2010, and October 31, 2010,	154563
forty-three per cent of the amount determined under division	154564
(A)(2) of this section for fiscal year 2011, but not less than	154565
zero, plus one-half of six-sevenths of the difference between the	154566
telephone property fixed-rate levy loss for tax year 2010 and the	154567
telephone property fixed-rate levy loss for tax year 2009.	154568

(11) On or before May 31, 2011, fourteen per cent of the	154569
amount determined under division (A)(2) of this section for fiscal	154570
year 2011, but not less than zero, plus one-seventh of the	154571
difference between the telephone property fixed-rate levy loss for	154572
tax year 2011 and the telephone property fixed-rate levy loss for	154573
tax year 2009.	154574

(12) For fiscal years 2012 and thereafter, the sum of the	154575
amounts in divisions (C)(12)(a) or (b) and (c) of this section	154576
shall be paid on or before the last day of November and the last	154577
day of May:	154578

(a) If the ratio of current expense TPP allocation to total	154579
resources is equal to or less than the threshold per cent, zero;	154580

(b) If the ratio of current expense TPP allocation to total	154581
resources is greater than the threshold per cent, fifty per cent	154582
of the difference of current expense TPP allocation minus the	154583
product of total resources multiplied by the threshold per cent;	154584

(c) Fifty per cent of the product of non-current expense TPP	154585
allocation multiplied by seventy-five per cent for fiscal year	154586
2012 and fifty per cent for fiscal years 2013 and thereafter.	154587

The department of education shall report to each school	154588
district and joint vocational school district the apportionment of	154589
the payments among the school district's or joint vocational	154590
school district's funds based on the certifications under	154591
divisions (G) and (I) of section 5751.20 of the Revised Code.	154592

(D) For taxes levied within the ten-mill limitation for debt	154593
purposes in tax year 2005, payments shall be made equal to one	154594
hundred per cent of the loss computed as if the tax were a	154595
fixed-rate levy, but those payments shall extend from fiscal year	154596
2006 through fiscal year 2018, as long as the qualifying levy	154597
continues to be used for debt purposes. If the purpose of such a	154598
qualifying levy is changed, that levy becomes subject to the	154599
payments determined in division (C) of this section.	154600

(E)(1) Not later than January 1, 2006, for each fixed-sum	154601
levy of each school district or joint vocational school district	154602
and for each year for which a determination is made under division	154603
(E) of section 5751.20 of the Revised Code that a fixed-sum levy	154604
loss is to be reimbursed, the tax commissioner shall certify to	154605
the department of education the fixed-sum levy loss determined	154606
under that division. The certification shall cover a time period	154607
sufficient to include all fixed-sum levies for which the	154608
commissioner made such a determination. On or before the last day	154609
of May of the current year, the department shall pay from the	154610
school district property tax replacement fund to the school	154611
district or joint vocational school district one-third of the	154612
fixed-sum levy loss so certified, plus one-third of the amount	154613
certified under division (I) of section 5751.20 of the Revised	154614
Code, and on or before the last day of November, two-thirds of the	154615
fixed-sum levy loss so certified, plus two-thirds of the amount	154616
certified under division (I) of section 5751.20 of the Revised	154617
Code. Payments under this division of the amounts certified under	154618
division (I) of section 5751.20 of the Revised Code shall continue	154619
until the levy adopted under section 5705.219 of the Revised Code	154620
expires.	154621

(2) Beginning in 2006, by the first day of January of each	154622
year, the tax commissioner shall review the certification	154623
originally made under division (E)(1) of this section. If the	154624
commissioner determines that a debt levy that had been scheduled	154625
to be reimbursed in the current year has expired, a revised	154626
certification for that and all subsequent years shall be made to	154627
the department of education.	154628

(F) Beginning in September 2007 and through June 2013, the	154629
director of budget and management shall transfer from the school	154630
district tangible property tax replacement fund to the general	154631
revenue fund each of the following:	154632

(1) On the first day of September, one-fourth of the amount	154633
determined for that fiscal year under division (A)(1) of this	154634
section;	154635

(2) On the first day of December, one-fourth of the amount	154636
determined for that fiscal year under division (A)(1) of this	154637
section;	154638

(3) On the first day of March, one-fourth of the amount	154639
determined for that fiscal year under division (A)(1) of this	154640
section;	154641

(4) On the first day of June, one-fourth of the amount	154642
determined for that fiscal year under division (A)(1) of this	154643
section.	154644

If, when a transfer is required under division (F)(1), (2),	154645
(3), or (4) of this section, there is not sufficient money in the	154646
school district tangible property tax replacement fund to make the	154647
transfer in the required amount, the director shall transfer the	154648
balance in the fund to the general revenue fund and may make	154649
additional transfers on later dates as determined by the director	154650
in a total amount that does not exceed one-fourth of the amount	154651
determined for the fiscal year.	154652

(G) If the total amount in the school district tangible	154653
property tax replacement fund is insufficient to make all payments	154654
under divisions (C), (D), and (E) of this section at the times the	154655
payments are to be made, the director of budget and management	154656
shall transfer from the general revenue fund to the school	154657
district tangible property tax replacement fund the difference	154658
between the total amount to be paid and the amount in the school	154659
district tangible property tax replacement fund.	154660

(H) On the fifteenth day of June of each year, the director	154661
of budget and management may transfer any balance in the school	154662
district tangible property tax replacement fund to the general	154663
revenue fund.	154664

(I) If all of the territory of a school district or joint	154665
vocational school district is merged with another district, or if	154666
a part of the territory of a school district or joint vocational	154667
school district is transferred to an existing or newly created	154668
district, the department of education, in consultation with the	154669
tax commissioner, shall adjust the payments made under this	154670
section as follows:	154671

(1) For a merger of two or more districts, the fixed-sum levy	154672
losses, total resources, current expense TPP allocation, total TPP	154673
allocation, and non-current expense TPP allocation of the	154674
successor district shall be the sum of such items for each of the	154675
districts involved in the merger.	154676

(2) If property is transferred from one district to a	154677
previously existing district, the amount of total resources,	154678
current expense TPP allocation, total TPP allocation, and	154679
non-current expense TPP allocation that shall be transferred to	154680
the recipient district shall be an amount equal to total	154681
resources, current expense TPP allocation, total TPP allocation,	154682
and non-current expense TPP allocation of the transferor district	154683
times a fraction, the numerator of which is the number of pupils	154684
being transferred to the recipient district, measured, in the case	154685
of a school district, by ~~average daily membership~~formula ADM as	154686
~~reported under division (A) of~~that term is defined in section	154687
~~3317.03~~3317.02 of the Revised Code or, in the case of a joint	154688
vocational school district, by formula ADM as ~~reported in~~	154689
~~division (D) of~~defined for a joint vocational school district in	154690
that section, and the denominator of which is the ~~average daily~~	154691
~~membership or~~ formula ADM of the transferor district.	154692

(3) After December 31, 2010, if property is transferred from	154693
one or more districts to a district that is newly created out of	154694
the transferred property, the newly created district shall be	154695
deemed not to have any total resources, current expense TPP	154696
allocation, total TPP allocation, or non-current expense TPP	154697
allocation.	154698

(4) If the recipient district under division (I)(2) of this	154699
section or the newly created district under division (I)(3) of	154700
this section is assuming debt from one or more of the districts	154701
from which the property was transferred and any of the districts	154702
losing the property had fixed-sum levy losses, the department of	154703
education, in consultation with the tax commissioner, shall make	154704
an equitable division of the fixed-sum levy loss reimbursements.	154705

Section 120.11. That the existing versions of sections	154706
3302.20, 3310.08, 3313.981, 3314.091, 3317.01, 3317.02, 3317.022,	154707
3317.0217, 3317.03, 3317.16, 3317.30, and 5751.21 that result from	154708
Section 101.01 of this act and existing sections 3310.41, 3311.52,	154709
3317.024, 3317.033, 3317.081, 3317.201, 3318.18, 3318.42, 3327.05,	154710
3328.32, 3328.33, and 5727.85 of the Revised Code are hereby	154711
repealed.	154712

Section 120.12. Sections 120.10 and 120.11 of this act take	154713
effect July 1, 2014.	154714

Section 125.10. (A) Sections 5168.01, 5168.02, 5168.03,	154715
5168.04, 5168.05, 5168.06, 5168.07, 5168.08, 5168.09, 5168.10,	154716
5168.11, 5168.12, 5168.13, 5168.99, and 5168.991 of the Revised	154717
Code are hereby repealed, effective October 16, 2015.	154718

(B) Any money remaining in the Legislative Budget Services	154719
Fund on October 16, 2015, the date that section 5168.12 of the	154720
Revised Code is repealed by division (A) of this section, shall be	154721
used solely for the purposes stated in then former section 5168.12	154722
of the Revised Code. When all money in the Legislative Budget	154723
Services Fund has been spent after then former section 5168.12 of	154724
the Revised Code is repealed under division (A) of this section,	154725
the fund shall cease to exist.	154726

Section 125.11. Sections 5168.20, 5168.21, 5168.22, 5168.23,	154727
5168.24, 5168.25, 5168.26, 5168.27, and 5168.28 of the Revised	154728
Code are hereby repealed, effective October 1, 2015.	154729

Section 125.11.03. Section 5124.67 of the Revised Code is	154730
hereby repealed, effective July 1, 2018.	154731

Section 125.11.10. That Section 267.60.31 of Am. Sub. H.B.	154732
153 of the 129th General Assembly is hereby repealed.	154733

Section 125.12. That Section 153 of Am. Sub. H.B. 117 of the	154734
121st General Assembly, as most recently amended by Am. Sub. H.B.	154735
153 of the 129th General Assembly, is hereby repealed.	154736

Section 125.13. That Section 125.10 of Am. Sub. H.B. 1 of the	154737
128th General Assembly, as most recently amended by Am. Sub. H.B.	154738
153 of the 129th General Assembly, is hereby repealed.	154739

Section 201.10. Except as otherwise provided in this act,	154740
all appropriation items in this act are appropriated out of any	154741
moneys in the state treasury to the credit of the designated fund	154742
that are not otherwise appropriated. For all appropriations made	154743
in this act, the amounts in the first column are for fiscal year	154744
2014 and the amounts in the second column are for fiscal year	154745
2015.	154746

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

154747

General Services Fund Group	154748

4J80	889601	CPA Education Assistance	$	325,000	$	325,000	154749
4K90	889609	Operating Expenses	$	977,500	$	977,500	154750
TOTAL GSF General Services Fund							154751
Group			$	1,302,500	$	1,302,500	154752
TOTAL ALL BUDGET FUND GROUPS			$	1,302,500	$	1,302,500	154753

Section 205.10. ADJ ADJUTANT GENERAL

154755

General Revenue Fund	154756

GRF	745401	Ohio Military Reserve	$	12,308	$	12,308	154757
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	154758
GRF	745407	National Guard Benefits	$	400,000	$	400,000	154759
GRF	745409	Central Administration	$	2,682,098	$	2,682,098	154760
GRF	745499	Army National Guard	$	3,689,871	$	3,689,871	154761
TOTAL GRF General Revenue Fund			$	8,594,883	$	8,594,883	154762

General Services Fund Group	154763

5340	745612	Property Operations Management	$	534,304	$	534,304	154764
5360	745605	Marksmanship Activities	$	128,600	$	128,600	154765
5360	745620	Camp Perry and Buckeye Inn Operations	$	978,846	$	978,846	154766
5370	745604	Ohio National Guard Facilities Maintenance	$	62,000	$	62,000	154767
TOTAL GSF General Services Fund Group			$	1,703,750	$	1,703,750	154768

Federal Special Revenue Fund Group	154769

3410	745615	Air National Guard Base Security	$	2,919,000	$	2,919,000	154770
3420	745616	Army National Guard Service Agreement	$	15,063,000	$	15,063,000	154771
3E80	745628	Air National Guard Operations and Maintenance	$	16,850,000	$	16,850,000	154772
3R80	745603	Counter Drug Operations	$	15,000	$	15,000	154773
TOTAL FED Federal Special Revenue Fund Group			$	34,847,000	$	34,847,000	154774

State Special Revenue Fund Group	154775

5LY0	745626	Military Medal of Distinction	$	5,000	$	5,000	154776
5U80	745613	Community Match Armories	$	350,000	$	350,000	154777
TOTAL SSR State Special Revenue Fund Group			$	355,000	$	355,000	154778

TOTAL ALL BUDGET FUND GROUPS

45,500,633

154779

NATIONAL GUARD BENEFITS

154780

The foregoing appropriation item 745407, National Guard	154781
Benefits, shall be used for purposes of sections 5919.31 and	154782
5919.33 of the Revised Code, and for administrative costs of the	154783
associated programs.	154784

If necessary, in order to pay benefits in a timely manner	154785
pursuant to sections 5919.31 and 5919.33 of the Revised Code, the	154786
Adjutant General may request the Director of Budget and Management	154787
transfer appropriation from any appropriation item used by the	154788
Adjutant General to appropriation item 745407, National Guard	154789
Benefits. The Adjutant General may subsequently seek Controlling	154790
Board approval to restore the appropriation in the appropriation	154791
item from which such a transfer was made.	154792

For active duty members of the Ohio National Guard who died	154793
after October 7, 2001, while performing active duty, the death	154794
benefit, pursuant to section 5919.33 of the Revised Code, shall be	154795
paid to the beneficiary or beneficiaries designated on the	154796
member's Servicemembers' Group Life Insurance Policy.	154797

STATE ACTIVE DUTY COSTS

154798

Of the foregoing appropriation item 745409, Central	154799
Administration, $50,000 in each fiscal year shall be used for the	154800
purpose of paying expenses related to state active duty of members	154801
of the Ohio organized militia, in accordance with a proclamation	154802
of the Governor. Expenses include, but are not limited to, the	154803
cost of equipment, supplies, and services, as determined by the	154804
Adjutant General's Department.	154805

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

154806

General Revenue Fund	154807

GRF	100403	Public Employees Health Care Program	$	309,600	$	309,600	154808
GRF	100414	MARCS Lease Rental Payments	$	5,133,700	$	5,135,800	154809
GRF	100415	OAKS Lease Rental Payments	$	22,998,500	$	22,982,500	154810
GRF	100416	STARS Lease Rental Payments	$	4,976,500	$	4,973,200	154811
GRF	100447	Administrative Building Lease Rental Payments	$	85,847,800	$	91,059,600	154812
GRF	100448	Office Building Operating Payments	$	20,000,000	$	20,000,000	154813
GRF	100449	DAS - Building Operating Payments	$	7,551,571	$	7,551,571	154814
GRF	100452	Lean Ohio	$	1,059,624	$	1,059,624	154815
GRF	100456	State IT Services	$	1,739,038	$	1,739,038	154816
GRF	100457	Equal Opportunity Services	$	1,910,516	$	1,910,516	154817
GRF	100459	Ohio Business Gateway	$	4,049,094	$	4,049,094	154818
GRF	130321	State Agency Support Services	$	2,477,008	$	2,477,008	154819
TOTAL GRF General Revenue Fund			$	158,052,951	$	163,247,551	154820

General Services Fund Group	154821

1120	100616	DAS Administration	$	6,127,659	$	6,147,659	154822
1150	100632	Central Service Agency	$	911,580	$	927,699	154823
1170	100644	General Services Division - Operating	$	12,993,870	$	12,993,870	154824
1220	100637	Fleet Management	$	4,200,000	$	4,200,000	154825
1250	100622	Human Resources Division - Operating	$	17,749,839	$	17,749,839	154826
1250	100657	Benefits Communication	$	712,316	$	712,316	154827
1280	100620	Office of Collective Bargaining	$	3,329,507	$	3,329,507	154828
1300	100606	Risk Management Reserve	$	6,635,784	$	6,635,784	154829
1320	100631	DAS Building Management	$	19,343,170	$	19,343,170	154830
1330	100607	IT Services Delivery	$	57,521,975	$	57,521,975	154831
1880	100649	Equal Opportunity Division - Operating	$	863,013	$	863,013	154832
2100	100612	State Printing	$	20,459,526	$	20,459,526	154833
2290	100630	IT Governance	$	16,446,474	$	16,446,474	154834
2290	100640	Leveraged Enterprise Purchases	$	7,065,639	$	7,065,639	154835
4270	100602	Investment Recovery	$	1,618,062	$	1,638,515	154836
4N60	100617	Major IT Purchases	$	56,888,635	$	56,888,635	154837
4P30	100603	DAS Information Services	$	6,400,070	$	6,400,070	154838
5C20	100605	MARCS Administration	$	14,292,596	$	14,512,028	154839
5C30	100608	Minor Construction Project Management	$	1,004,375	$	1,004,375	154840
5EB0	100635	OAKS Support Organization	$	25,813,077	$	19,813,077	154841
5EB0	100656	OAKS Updates and Developments	$	9,886,923	$	2,636,923	154842
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	154843
5KZ0	100659	Building Improvement	$	500,000	$	500,000	154844
5L70	100610	Professional Development	$	2,100,000	$	2,100,000	154845
5LA0	100660	Building Operation	$	26,600,767	$	26,814,648	154846
5LJ0	100661	IT Development	$	13,200,000	$	13,200,000	154847
5V60	100619	Employee Educational Development	$	800,000	$	800,000	154848
TOTAL GSF General Services Fund							154849
Group			$	333,614,857	$	320,854,742	154850

Federal Special Revenue Fund Group	154851

3AJ0	100654	ARRA Broadband Mapping Grant	$	1,723,009	$	1,723,009	154852
TOTAL FED Federal Special Revenue							154853
Fund Group			$	1,723,009	$	1,723,009	154854

State Special Revenue Fund Group	154855

5JQ0	100658	Professionals Licensing System	$	3,028,366	$	990,000	154856
5MV0	100662	Theater Equipment Maintenance	$	80,891	$	80,891	154857
5NM0	100663	911 Program	$	290,000	$	290,000	154858
TOTAL SSR State Special Revenue							154859
Fund Group			$	3,399,257	$	1,360,891	154860
TOTAL ALL BUDGET FUND GROUPS			$	496,790,074	$	487,186,193	154861

Section 207.20. OAKS LEASE RENTAL PAYMENTS

154863

The foregoing appropriation item 100415, OAKS Lease Rental	154864
Payments, shall be used for payments at the times they are	154865
required to be made for the period from July 1, 2013, through June	154866
30, 2015, pursuant to leases and agreements entered into under	154867
Chapter 125. of the Revised Code, as supplemented by Section	154868
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly and	154869
other prior acts of the General Assembly, with respect to	154870
financing the costs associated with the acquisition, development,	154871
installation, and implementation of the Ohio Administrative	154872
Knowledge System. If it is determined that additional	154873
appropriations are necessary for this purpose, the amounts are	154874
hereby appropriated.	154875

Section 207.30. STARS LEASE RENTAL PAYMENTS

154876

The foregoing appropriation item 100416, STARS Lease Rental	154877
Payments, shall be used for payments at the times they are	154878
required to be made for the period from July 1, 2013, through June	154879
30, 2015, pursuant to leases and agreements entered into under	154880
Chapter 125. of the Revised Code, as supplemented by Section	154881
207.10.30 of Am. Sub. H.B. 1 of the 128th General Assembly and	154882
other prior acts of the General Assembly, with respect to	154883
financing the cost for the acquisition, development, installation,	154884
and implementation of the State Taxation Accounting and Revenue	154885
System (STARS). If it is determined that additional appropriations	154886
are necessary for this purpose, the amounts are appropriated.	154887

The State Taxation Accounting and Revenue System (STARS) is	154888
an integrated tax collection and audit system that will replace	154889
all of the state's existing separate tax software and	154890
administration systems for the various taxes collected by the	154891
state. The Department of Administrative Services, in conjunction	154892
with the Department of Taxation, may acquire STARS, including, but	154893
not limited to, the application hardware and software and	154894
installation and implementation thereof, for the use of the	154895
Department of Taxation. Any lease-purchase agreement used under	154896
Chapter 125. of the Revised Code to acquire STARS, including any	154897
fractionalized interests as defined in division (N) of section	154898
133.01 of the Revised Code in the lease payments under that	154899
agreement, shall provide at the end of the lease period that the	154900
financed asset becomes the property of the state. The principal	154901
amount of any new such financing is limited, excluding the	154902
principal amounts of any lease-purchase financing heretofore	154903
completed for STARS, to the amount of $20,000,000.	154904

Section 207.40. MARCS LEASE RENTAL PAYMENTS

154905

The foregoing appropriation item 100414, MARCS Lease Rental	154906
Payments, shall be used for payments at the times they are	154907
required to be made for the period from July 1, 2013, through June	154908
30, 2015, pursuant to leases and agreements entered into under	154909
Chapter 125. of the Revised Code, as supplemented by Section	154910
701.20 of Sub. H.B. 482 of the 129th General Assembly, with	154911
respect to financing the cost for the acquisition, development,	154912
installation, and implementation of the Multi-Agency Radio	154913
Communication System (MARCS) upgrade. If it is determined that	154914
additional appropriations are necessary for this purpose, the	154915
amounts are hereby appropriated.	154916

Section 207.50. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	154917
UPGRADE	154918

The Multi-Agency Radio Communications System (MARCS) is a	154919
statewide computer and communications network designed to provide	154920
instant voice and data communication and supply a communications	154921
backbone to public safety and emergency management. The Department	154922
of Administrative Services may update or add functionality to	154923
MARCS to upgrade the existing system to a 700/800 megahertz voice	154924
and data system specifically designed to support interoperable	154925
communications for public safety law enforcement and first	154926
responders. The improvements may include, but are not limited to,	154927
hardware and software and the installation and implementation	154928
thereof. Any lease-purchase agreement utilized under Chapter 125.	154929
of the Revised Code to acquire MARCS and the enhancements	154930
described above, including any fractionalized interest as defined	154931
in division (N) of section 133.01 of the Revised Code in the lease	154932
payments under that agreement, shall provide at the end of the	154933
lease period that the financed asset becomes the property of the	154934
state. The principal amount of any new such financing is limited,	154935
in addition to the principal amounts of lease-purchase financing	154936
heretofore completed for MARCS, to the amount of $27,000,000.	154937

Section 207.60. ADMINISTRATIVE BUILDING LEASE RENTAL PAYMENTS

154938

The foregoing appropriation item 100447, Administrative	154939
Building Lease Rental Payments, shall be used to meet all payments	154940
at the times they are required to be made during the period from	154941
July 1, 2013, through June 30, 2015, by the Department of	154942
Administrative Services pursuant to leases and agreements under	154943
Chapters 152. and 154. of the Revised Code. These appropriations	154944
are the source of funds pledged for bond service charges on	154945
related obligations issued under Chapters 152. and 154. of the	154946
Revised Code.	154947

The foregoing appropriation item 100448, Office Building	154948
Operating Payments, shall be used to pay the expenses of vacant	154949
space, space undergoing renovation, agencies funded by the General	154950
Revenue Fund, and the rent expenses of tenants that have been	154951
relocated because of building renovations that occupy space in the	154952
James A. Rhodes State Office Tower, the Vern Riffe Center for	154953
Government and the Arts, the Frank J. Lausche State Office	154954
Building, the Michael V. DiSalle Government Center, and the Oliver	154955
R. Ocasek Government Office Building.	154956

At least once per year, the portion of appropriation item	154957
100448, Office Building Operating Payments, that is not used for	154958
expenses of agencies funded by the General Revenue Fund, vacant	154959
space, space undergoing renovation, and the rent expenses of	154960
tenants that are relocated because of building renovations shall	154961
be processed by the Department of Administrative Services through	154962
intrastate voucher and placed in the Building Improvements Fund	154963
(Fund 5KZ0).	154964

Section 207.70. DAS - BUILDING OPERATING PAYMENTS AND	154965
BUILDING MANAGEMENT FUND	154966

The foregoing appropriation item 100449, DAS - Building	154967
Operating Payments, shall be used to pay the rent expenses of	154968
veterans organizations pursuant to section 123.024 of the Revised	154969
Code in fiscal years 2014 and 2015.	154970

The foregoing appropriation item, 100449, DAS - Building	154971
Operating Payments, also may be used to provide funding for the	154972
cost of property appraisals or building studies that the	154973
Department of Administrative Services may be required to obtain	154974
for property that is being sold by the state or property under	154975
consideration to be renovated or purchased by the state.	154976

Notwithstanding section 125.28 of the Revised Code, the	154977
remaining portion of the appropriation may be used to pay the	154978
operating expenses of state facilities maintained by the	154979
Department of Administrative Services that are not billed to	154980
building tenants, or other costs associated with the Voinovich	154981
Center in Youngstown, Ohio. These expenses may include, but are	154982
not limited to, the costs for vacant space and space undergoing	154983
renovation, and the rent expenses of tenants that are relocated	154984
because of building renovations. These payments may be processed	154985
by the Department of Administrative Services through intrastate	154986
transfer vouchers and placed in the Building Management Fund (Fund	154987
1320) or the Information Technology Services Fund (Fund 1330).	154988

Notwithstanding section 125.28 of the Revised Code, the	154989
Department of Administrative Services may forego some or all of	154990
the amounts attributable to debt service included in	154991
reimbursements made by tenants who are supported in whole or in	154992
part by non-GRF money for the costs of occupying space at the	154993
North High Street Complex in Columbus.	154994

The Director of Budget and Management shall transfer the	154995
portion of payments attributed to depreciation from Fund 1320 to	154996
the General Revenue Fund, as applicable.	154997

CASH TRANSFER FROM THE WORKFORCE DEVELOPMENT FUND TO THE	154998
HUMAN RESOURCES SERVICES FUND	154999

Upon request of the Director of Administrative Services,	155000
during the FY 2014 - FY 2015 biennium, the Director of Budget and	155001
Management shall transfer up to $975,000 from the Workforce	155002
Development Fund (Fund 5D70) to the Human Resources Services Fund	155003
(Fund 1250) to support one-time human resources administration	155004
activities for state agencies.	155005

Section 207.80. CENTRAL SERVICE AGENCY FUND

155006

Appropriation item 100632, Central Service Agency, shall be	155007
used to purchase the equipment, products, and services that are	155008
needed to maintain existing automated applications for the	155009
professional licensing boards and the Casino Control Commission to	155010
support board licensing functions in fiscal years 2014 and 2015	155011
until these functions are replaced by the Ohio Professionals	155012
Licensing System. The Department of Administrative Services shall	155013
establish charges for recovering the costs of carrying out these	155014
functions. The charges shall be billed to the professional	155015
licensing boards and the Casino Control Commission, and deposited	155016
via intrastate transfer vouchers to the credit of the Central	155017
Service Agency Fund (Fund 1150).	155018

Upon implementation of the replacement Ohio Professionals	155019
Licensing System and the decommissioning of the existing automated	155020
applications, the Director of Budget and Management may transfer	155021
any cash balances that remain in the Central Service Agency Fund	155022
(Fund 1150) and that are attributable to the operation of the	155023
existing automated applications to the Professions Licensing	155024
System Fund (Fund 5JQ0).	155025

Section 207.90. GENERAL SERVICE CHARGES

155026

The Department of Administrative Services, with the approval	155027
of the Director of Budget and Management, shall establish charges	155028
for recovering the costs of administering the programs funded by	155029
the General Services Fund (Fund 1170) and the State Printing Fund	155030
(Fund 2100). Such charges within Fund 1170 may be used to recover	155031
the cost of paying a vendor to establish reduced pricing for	155032
contracted supplies or services.	155033

If the Director of Administrative Services determines that	155034
additional amounts are necessary to pay for consulting and	155035
administrative costs related to securing lower pricing, the	155036
Director of Administrative Services may request that the Director	155037
of Budget and Management approve additional expenditures. Such	155038
approved additional amounts are appropriated to appropriation item	155039
100644, General Services Division-Operating.	155040

Section 207.93. CASH TRANSFER TO THE INVESTMENT RECOVERY FUND

155041

Notwithstanding division (B) of section 125.14 of the Revised	155042
Code, the Director of Budget and Management, at the request of the	155043
Director of Administrative Services, shall transfer up to $200,000	155044
of cash in excess of needs from the General Services Fund (Fund	155045
1170) to the Investment Recovery Fund (Fund 4270) during the	155046
biennium beginning July 1, 2013, and ending June 30, 2015, to pay	155047
the operating expenses of the State Surplus, Federal Surplus, and	155048
Asset Management Programs, including expenses to develop database	155049
systems for use in these programs.	155050

Section 207.95. TRANSFER OF THE EMPLOYEE ASSISTANCE PROGRAM	155051
TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES	155052

Effective July 1, 2013, the Employee Assistance Program under	155053
section 3701.041 of the Revised Code shall be transferred to the	155054
Ohio Department of Administrative Services. The Department of	155055
Administrative Services is thereupon and thereafter successor to,	155056
assumes the operations, functions, powers, and obligations of, and	155057
otherwise constitutes the continuation of the Employee Assistance	155058
Program as provided in section 3701.041 (124.88) of the Revised	155059
Code. All related functions, equipment, assets, and liabilities,	155060
regardless of form or medium, agreements, and contracts of the	155061
program are transferred to the Department of Administrative	155062
Services.	155063

Employees of the Employee Assistance Program shall be	155064
transferred to the Department of Administrative Services in their	155065
same classification, and shall retain the rights specified in	155066
sections 124.321 to 124.328 of the Revised Code.	155067

On and after the effective date of this section,	155068
notwithstanding any provision of the law to the contrary, if	155069
requested by the Director of Administrative Services, the Director	155070
of Budget and Management shall make the budget changes made	155071
necessary by the transfer, if any, including administrative	155072
reorganization or program transfers.	155073

Effective July 1, 2013, the Director of Budget and Management	155074
shall cancel any existing encumbrances against appropriation item	155075
440633, Employee Assistance Program, and reestablish them against	155076
appropriation item 100622, Human Resources Division - Operating.	155077
The reestablished encumbrance amounts are hereby appropriated. Any	155078
business commenced but not completed under appropriation item	155079
440633, Employee Assistance Program, by July 1, 2013, shall be	155080
completed under appropriation item 100622, Human Resources	155081
Division - Operating, in the same manner, and with the same	155082
effect, as if completed with regard to appropriation item 440633,	155083
Employee Assistance Program. All of the rules, policies, orders,	155084
and determinations associated with the program continue in effect	155085
as rules, orders, and determinations associated with the	155086
Department of Administrative Services until modified or rescinded	155087
by the Director of Administrative Services. If necessary to ensure	155088
the integrity of the Administrative Code rule numbering system,	155089
the Director of the Legislative Service Commission shall renumber	155090
the rules relating to the Employee Assistance Program to reflect	155091
their transfer to the Department of Administrative Services. No	155092
validation, cure, right, privilege, remedy, obligation, or	155093
liability is lost or impaired by reason of the transfer and shall	155094
be administered with regard to appropriation item 100622, Human	155095
Resources Division - Operating. On and after July 1, 2013, if the	155096
Employee Assistance Program is referred to in any statute, rule,	155097
contract, grant, or other document, the reference is deemed to	155098
refer to the Department of Administrative Services.	155099

Funds collected by the Department of Health for the Employee	155100
Assistance Program, which previously were deposited in the	155101
Employee Assistance Fund (Fund 6830), shall be credited to the	155102
Human Resources Services Fund (Fund 1250) created in section	155103
124.07 of the Revised Code. The Director of Budget and Management	155104
shall transfer from the Employee Assistance Fund to the Human	155105
Resources Services Fund any remaining cash balances in the	155106
Employee Assistance Fund. In order to facilitate this transfer,	155107
the Director of Health, on July 1, 2013, or as soon as possible	155108
thereafter, shall certify to the Director of Budget and Management	155109
an estimate of the amount to be transferred. Upon the completion	155110
of this transfer, the Employee Assistance Fund is abolished.	155111

Section 207.100. COLLECTIVE BARGAINING ARBITRATION EXPENSES

155112

With approval of the Director of Budget and Management, the	155113
Department of Administrative Services may seek reimbursement from	155114
state agencies for the actual costs and expenses the Department	155115
incurs in the collective bargaining arbitration process. The	155116
reimbursements shall be processed through intrastate transfer	155117
vouchers and credited to the Collective Bargaining Fund (Fund	155118
1280).	155119

Section 207.110. EQUAL OPPORTUNITY PROGRAM

155120

The Department of Administrative Services, with the approval	155121
of the Director of Budget and Management, shall establish charges	155122
for recovering the costs of administering the activities supported	155123
by the State EEO Fund (Fund 1880). These charges shall be	155124
deposited to the credit of the State EEO Fund (Fund 1880) upon	155125
payment made by state agencies, state-supported or state-assisted	155126
institutions of higher education, and tax-supported agencies,	155127
municipal corporations, and other political subdivisions of the	155128
state, for services rendered.	155129

Section 207.111. STATE PRINTING FUND

155130

On July 1, 2013, or as soon as possible thereafter, the	155131
Director of Budget and Management shall transfer $30,109.39 in	155132
cash from the General Revenue Fund to the State Printing Fund	155133
(Fund 2100) to correct fiscal year 2012 disbursements that were	155134
made from Fund 2100 but that should have been made from the	155135
General Revenue Fund.	155136

Section 207.113. LEVERAGED ENTERPRISE PURCHASES

155137

The foregoing appropriation item 100640, Leveraged Enterprise	155138
Purchases, shall be used by the Department of Administrative	155139
Services to make information technology purchases for the benefit	155140
of one or more government entities as authorized under division	155141
(G) of section 125.18 of the Revised Code. If the Director of	155142
Administrative Services determines that additional amounts are	155143
necessary to pay for pass-through information technology purchases	155144
that will be billed to one or more state agencies, the Director of	155145
Administrative Services shall seek Controlling Board approval for	155146
an increase in appropriation to make the requested purchases.	155147

Section 207.120. INVESTMENT RECOVERY FUND

155148

Notwithstanding division (B) of section 125.14 of the Revised	155149
Code, cash balances in the Investment Recovery Fund (Fund 4270)	155150
may be used to support the operating expenses of the Federal	155151
Surplus Operating Program created in sections 125.84 to 125.90 of	155152
the Revised Code.	155153

The Director of Administrative Services shall use the	155154
foregoing appropriation item 100602, Investment Recovery, to pay	155155
the operating expenses of the State Surplus Property Program and	155156
the Surplus Federal Property Program, under Chapter 125. of the	155157
Revised Code and this section. If additional appropriations are	155158
necessary for the operations of these programs, the Director of	155159
Administrative Services shall seek increased appropriations from	155160
the Controlling Board under section 131.35 of the Revised Code.	155161

The Director of Administrative Services shall transfer	155162
proceeds from the sale of surplus property from the Investment	155163
Recovery Fund to non-General Revenue Funds under division (A)(2)	155164
of section 125.14 of the Revised Code.	155165

Section 207.130. MAJOR IT PURCHASES CHARGES

155166

The Department of Administrative Services may bill agencies	155167
for actual expenditures made for major IT purchases if those	155168
expenditures are not recovered as part of the information	155169
technology services rates the Department charges and deposits into	155170
the Information Technology Fund (Fund 1330) created in section	155171
125.15 of the Revised Code. These charges shall be deposited to	155172
the credit of the Major IT Purchases Fund (Fund 4N60).	155173

Section 207.140. DAS INFORMATION SERVICES

155174

There is hereby established in the State Treasury the DAS	155175
Information Services Fund. The foregoing appropriation item	155176
100603, DAS Information Services, shall be used to pay the costs	155177
of providing information systems and services in the Department of	155178
Administrative Services. Any state agency, board, or commission	155179
may use DAS Information Services by paying for the services	155180
rendered.	155181

The Department of Administrative Services shall establish	155182
user charges for all information systems and services that are	155183
allowable in the statewide indirect cost allocation plan submitted	155184
annually to the United States Department of Health and Human	155185
Services. These charges shall comply with federal regulations and	155186
shall be deposited to the credit of the DAS Information Services	155187
Fund (Fund 4P30).	155188

Section 207.150. CASH TRANSFER FROM THE MARCS ADMINISTRATION	155189
FUND TO GRF	155190

Upon the request of the Director of Administrative Services,	155191
the Director of Budget and Management may transfer unobligated	155192
cash in the MARCS Administration Fund (Fund 5C20) to the General	155193
Revenue Fund to reimburse the General Revenue Fund for lease	155194
rental payments made on behalf of the MARCS upgrade.	155195

Section 207.160. PROFESSIONS LICENSING SYSTEM

155196

There is hereby created in the state treasury the Professions	155197
Licensing System Fund (Fund 5JQ0). Appropriation item 100658, Ohio	155198
Professionals Licensing System, shall be used to make payments	155199
from the fund. The fund shall be used to purchase the equipment,	155200
products, and services necessary to develop and maintain a	155201
replacement automated licensing system for the professional	155202
licensing boards. The Director of Budget and Management may	155203
transfer up to a total of $990,000 in cash from the Occupational	155204
Licensing and Regulatory Fund (4K90), the State Medical Board	155205
Operating Fund (Fund 5C60), and the Casino Control Commission –	155206
Operating Fund (Fund 5HS0) to the Professions Licensing System	155207
Fund during the FY 2014 - FY 2015 biennium. These transfers shall	155208
be in proportion to the number of current licensees issued by the	155209
professional licensing boards and current and anticipated licenses	155210
in the case of the Casino Control Commission. The purpose of these	155211
cash transfers is to fund the initial acquisition and development	155212
of the system. Any cash balances not expended in fiscal year 2014	155213
are hereby reappropriated in fiscal year 2015.	155214

Effective with the implementation of the replacement	155215
licensing system, the Department of Administrative Services shall	155216
establish charges for recovering the costs of ongoing maintenance	155217
of the system. The charges shall be billed to the professional	155218
licensing boards and the Casino Control Commission, and deposited	155219
via intrastate transfer vouchers to the credit of the Professions	155220
Licensing System Fund.	155221

Section 207.170. BUILDING IMPROVEMENT FUND

155222

The foregoing appropriation item 100659, Building	155223
Improvement, shall be used to make payments from the Building	155224
Improvement Fund (Fund 5KZ0) for major maintenance or improvements	155225
required in the James A. Rhodes State Office Tower, the Vern Riffe	155226
Center for Government and the Arts, the Frank J. Lausche State	155227
Office Building, the Michael V. DiSalle Government Center, and the	155228
Oliver R. Ocasek Government Office. The Department of	155229
Administrative Services shall conduct or contract for regular	155230
assessments of these buildings and shall maintain a cash balance	155231
in the Building Improvement Fund equal to the cost of the repairs	155232
and improvements that are recommended to occur within the next	155233
five years, with the following exception described below.	155234

Upon request of the Director of Administrative Services, the	155235
Director of Budget and Management may permit a cash transfer from	155236
the Building Improvement Fund (Fund 5KZ0) to the Building	155237
Operating Fund (Fund 5LA0) to pay costs of operating and	155238
maintaining the James A. Rhodes State Office Tower, the Vern Riffe	155239
Center for Government and the Arts, the Frank J. Lausche State	155240
Office Building, the Michael V. DiSalle Government Center, and the	155241
Oliver R. Ocasek Government Office that are not charged to tenants	155242
during the same fiscal year.	155243

Should the cash balance in the Building Operating Fund (Fund	155244
5LA0) be determined to be sufficient, the Director of	155245
Administrative Services may request that the Director of Budget	155246
and Management transfer cash from the Building Operating Fund	155247
(Fund 5LA0) to the Building Improvement Fund (Fund 5KZ0) in an	155248
amount equal to the initial cash transfer made under this section	155249
plus applicable interest.	155250

Section 207.180. PROFESSIONAL DEVELOPMENT FUND

155251

The foregoing appropriation item 100610, Professional	155252
Development, shall be used to make payments from the Professional	155253
Development Fund (Fund 5L70) under section 124.182 of the Revised	155254
Code. If it is determined by the Director of Administrative	155255
Services that additional amounts are necessary, the Director of	155256
Administrative Services may request that the Director of Budget	155257
and Management approve additional amounts. Such approved	155258
additional amounts are hereby appropriated.	155259

Section 207.190. BUILDING OPERATING FUND

155260

The foregoing appropriation item 100660, Building Operation,	155261
shall be used to make payments from the Building Operating Fund	155262
(Fund 5LA0) to pay costs of operating and maintaining the James A.	155263
Rhodes State Office Tower, the Vern Riffe Center for Government	155264
and the Arts, the Frank J. Lausche State Office Building, the	155265
Michael V. DiSalle Government Center, and the Oliver R. Ocasek	155266
Government Office.	155267

The Department of Administrative Services, with the approval	155268
of the Director of Budget and Management, shall establish charges	155269
to be reimbursed for the cost of operating these buildings. These	155270
charges shall include the cost of applicable depreciation on the	155271
buildings and the resulting revenue shall be deposited in the	155272
Building Operating Fund (Fund 5LA0). The Director of Budget and	155273
Management shall transfer the portion of these charges attributed	155274
to depreciation from the Building Operating Fund (Fund 5LA0) to	155275
the Building Improvement Fund (Fund 5KZ0) or to the General	155276
Revenue Fund, as applicable.	155277

Section 207.200. INFORMATION TECHNOLOGY DEVELOPMENT

155278

The foregoing appropriation item 100661, IT Development,	155279
shall be used by the Department of Administrative Services to pay	155280
the costs of modernizing the state's information technology	155281
management and investment practices away from a limited,	155282
agency-specific focus in favor of a statewide methodology	155283
supporting development of enterprise solutions.	155284

The Department of Administrative Services, with the approval	155285
of the Director of Budget and Management, may charge state	155286
agencies an information technology development assessment based on	155287
state agencies' information technology expenditures or other	155288
methodology. The revenue from this assessment shall be deposited	155289
in the Information Technology Development Fund (Fund 5LJ0), which	155290
is hereby created.	155291

Section 207.210. EMPLOYEE EDUCATIONAL DEVELOPMENT

155292

The foregoing appropriation item 100619, Employee Educational	155293
Development, shall be used to make payments from the Employee	155294
Educational Development Fund (Fund 5V60) under section 124.86 of	155295
the Revised Code. The fund shall be used to pay the costs of	155296
administering educational programs under existing collective	155297
bargaining agreements with District 1199, the Health Care and	155298
Social Service Union; State Council of Professional Educators;	155299
Ohio Education Association and National Education Association; the	155300
Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio	155301
State Troopers Association, Units 1 and 15.	155302

If it is determined by the Director of Administrative	155303
Services that additional amounts are necessary, the Director of	155304
Administrative Services may request that the Director of Budget	155305
and Management approve additional amounts. Such approved	155306
additional amounts are hereby appropriated.	155307

Section 207.220. CASH TRANSFERS TO THE MAJOR IT PURCHASES	155308
FUND	155309

Upon request of the Director of Administrative Services, the	155310
Director of Budget and Management may transfer up to $4,000,000	155311
from the OAKS Support Organization Fund (Fund 5EB0) to the Major	155312
IT Purchases Fund (Fund 4N60). This amount represents cash	155313
transferred from Fund 4N60 during fiscal year 2010 pursuant to	155314
Section 207.30.80 of Am. Sub. H.B. 1 of the 128th General	155315
Assembly. Any portion of appropriation item 100617, Major IT	155316
Purchases, that is unencumbered and unexpended at the end of	155317
fiscal year 2014 is hereby reappropriated for fiscal year 2015.	155318

Section 207.230. MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	155319
SERVICE PAYMENTS	155320

The Director of Administrative Services, in consultation with	155321
the Multi-Agency Radio Communication System (MARCS) Steering	155322
Committee and the Director of Budget and Management, shall	155323
determine the share of debt service payments attributable to	155324
spending for MARCS components that are not specific to any one	155325
agency and that shall be charged to agencies supported by the	155326
motor fuel tax. Such share of debt service payments shall be	155327
calculated for MARCS capital disbursements made beginning July 1,	155328
1997. Within thirty days of any payment made from appropriation	155329
item 100447, Administrative Building Lease Payments, the Director	155330
of Administrative Services shall certify to the Director of Budget	155331
and Management the amount of this share. The Director of Budget	155332
and Management shall transfer such amounts to the General Revenue	155333
Fund from the State Highway Safety Fund (Fund 7036) established in	155334
section 4501.06 of the Revised Code.	155335

The Director of Administrative Services shall consider	155336
renting or leasing existing tower sites at reasonable or current	155337
market rates, so long as these existing sites are equipped with	155338
the technical capabilities to support the MARCS project.	155339

Section 207.240. ENTERPRISE IT STRATEGY IMPLEMENTATION

155340

The Director of Administrative Services shall determine and	155341
implement strategies that benefit the enterprise by improving	155342
efficiency, reducing costs or enhancing capacity of information	155343
technology (IT) services. Such improvements and efficiencies may	155344
result in the consolidation and transfer of such services. As	155345
determined to be necessary for successful implementation of this	155346
section and notwithstanding any provision of law to the contrary,	155347
the Director of Administrative Services may request the Director	155348
of Budget and Management to consolidate or transfer IT-specific	155349
budget authority between agencies as necessary to implement	155350
enterprise IT cost containment strategies and related	155351
efficiencies. Once the Director of Budget and Management is	155352
satisfied that the proposed initiative is cost advantageous to the	155353
enterprise, the Director of Budget and Management may transfer	155354
appropriations, funds and cash as needed to implement the proposed	155355
initiative. The establishment of any new fund or total increased	155356
appropriation as a result of this section will be subject to	155357
approval by the Controlling Board.	155358

The Director of Budget and Management and the Director of	155359
Administrative Services may transfer any employees, assets, and	155360
liabilities, including, but not limited to, records, contracts,	155361
and agreements in order to facilitate the improvements determined	155362
in accordance with this section.	155363

Section 207.250. 911 PROGRAM

155364

The foregoing appropriation item 100663, 911 Program, shall	155365
be used by the Department of Administrative Services to pay the	155366
administrative costs of the Statewide Emergency Services Internet	155367
Protocol Network Steering Committee.	155368

Section 209.10. AGE DEPARTMENT OF AGING

155369

General Revenue Fund	155370

GRF	490321	Operating Expenses	$	1,487,418	$	1,487,418	155371
GRF	490410	Long-Term Care Ombudsman	$	477,448	$	477,448	155372
GRF	490411	Senior Community Services	$	7,060,844	$	7,060,844	155373
GRF	490414	Alzheimer's Respite	$	1,995,245	$	1,995,245	155374
GRF	490506	National Senior Service Corps	$	241,413	$	241,413	155375
GRF	656423	Long-Term Care Program Support - State	$	3,385,057	$	3,385,057	155376
TOTAL GRF General Revenue Fund			$	14,647,425	$	14,647,425	155377

General Services Fund Group	155378

4800	490606	Senior Community Outreach and Education	$	372,523	$	372,523	155379
TOTAL GSF General Services Fund							155380
Group			$	372,523	$	372,523	155381

Federal Special Revenue Fund Group	155382

3220	490618	Federal Aging Grants	$	12,000,000	$	12,000,000	155383
3C40	656623	Long-Term Care Program Support - Federal	$	3,385,057	$	3,385,057	155384
3M40	490612	Federal Independence Services	$	58,655,080	$	58,655,080	155385
TOTAL FED Federal Special Revenue							155386
Fund Group			$	74,040,137	$	74,040,137	155387

State Special Revenue Fund Group	155388

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	155389
5BA0	490620	Ombudsman Support	$	1,250,000	$	1,250,000	155390
5K90	490613	Long-Term Care Consumers Guide	$	1,059,400	$	1,059,400	155391
5MT0	490627	Board of Executives of LTSS	$	600,000	$	600,000	155392
5W10	490616	Resident Services Coordinator Program	$	344,700	$	344,700	155393
TOTAL SSR State Special Revenue							155394
Fund Group			$	4,189,100	$	4,189,100	155395
TOTAL ALL BUDGET FUND GROUPS			$	93,249,185	$	93,249,185	155396

Section 209.20. LONG-TERM CARE

155398

Pursuant to an interagency agreement, the Department of	155399
Medicaid may designate the Department of Aging to perform	155400
assessments under section 5165.04 of the Revised Code. The	155401
Department of Aging shall provide long-term care consultations	155402
under section 173.42 of the Revised Code to assist individuals in	155403
planning for their long-term health care needs.	155404

The Department of Aging shall administer the Medicaid	155405
waiver-funded PASSPORT Home Care Program, the Choices Program, the	155406
Assisted Living Program, and PACE as delegated by the Department	155407
of Medicaid in an interagency agreement. The foregoing	155408
appropriation items 656423, Long-Term Care Program Support -	155409
State, and 656623, Long-Term Care Program Support - Federal, may	155410
be used to support the Department of Aging's administrative costs	155411
associated with operating the PASSPORT, Choices, Assisted Living,	155412
and PACE programs.	155413

PERFORMANCE-BASED REIMBURSEMENT

155414

The Department of Aging may design and utilize a payment	155415
method for PASSPORT administrative agency operations that includes	155416
a pay-for-performance incentive component that is earned by a	155417
PASSPORT administrative agency when defined consumer and policy	155418
outcomes are achieved.	155419

Section 209.30. LONG-TERM CARE OMBUDSMAN

155420

The foregoing appropriation item 490410, Long-Term Care	155421
Ombudsman, shall be used to fund ombudsman program activities as	155422
authorized in sections 173.14 to 173.27 and section 173.99 of the	155423
Revised Code.	155424

The State Ombudsman may explore the design of a payment	155425
method for the Ombudsman Program that includes a	155426
pay-for-performance incentive component that is earned by	155427
designated regional long-term care ombudsman programs.	155428

SENIOR COMMUNITY SERVICES

155429

The foregoing appropriation item 490411, Senior Community	155430
Services, shall be used for services designated by the Department	155431
of Aging, including, but not limited to, home-delivered and	155432
congregate meals, transportation services, personal care services,	155433
respite services, adult day services, home repair, care	155434
coordination, prevention and disease self-management, and decision	155435
support systems. Service priority shall be given to low income,	155436
frail, and cognitively impaired persons 60 years of age and over.	155437
The department shall promote cost sharing by service recipients	155438
for those services funded with senior community services funds,	155439
including, when possible, sliding-fee scale payment systems based	155440
on the income of service recipients.	155441

ALZHEIMER'S RESPITE

155442

The foregoing appropriation item 490414, Alzheimer's Respite,	155443
shall be used to fund only Alzheimer's disease services under	155444
section 173.04 of the Revised Code.	155445

NATIONAL SENIOR SERVICE CORPS

155446

The foregoing appropriation item 490506, National Senior	155447
Service Corps, shall be used by the Department of Aging to fund	155448
grants for three Corporation for National and Community	155449
Service/Senior Corps programs: the Foster Grandparents Program,	155450
the Senior Companion Program, and the Retired Senior Volunteer	155451
Program. A recipient of these grant funds shall use the funds to	155452
support priorities established by the Department and the Ohio	155453
State Office of the Corporation for National and Community	155454
Service. The expenditure of these funds by any grant recipient	155455
shall be in accordance with Senior Corps policies and procedures,	155456
as stated in the Domestic Volunteer Service Act of 1973, as	155457
amended. Neither the Department nor any area agencies on aging	155458
that are involved in the distribution of these funds to	155459
lower-tiered grant recipients may use any portion of these funds	155460
to cover administrative costs.	155461

SENIOR COMMUNITY OUTREACH AND EDUCATION

155462

The foregoing appropriation item 490606, Senior Community	155463
Outreach and Education, may be used to provide training to workers	155464
in the field of aging pursuant to division (G) of section 173.02	155465
of the Revised Code.	155466

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	155467
AND FEDERAL AGING GRANTS	155468

At the request of the Director of Aging, the Director of	155469
Budget and Management may transfer appropriation between	155470
appropriation items 490612, Federal Independence Services, and	155471
490618, Federal Aging Grants. The amounts transferred shall not	155472
exceed 30 per cent of the appropriation from which the transfer is	155473
made. Any transfers shall be reported by the Department of Aging	155474
to the Controlling Board at the next scheduled meeting of the	155475
board.	155476

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

155477

The foregoing appropriation item 490609, Regional Long-Term	155478
Care Ombudsman Program, shall be used to pay the costs of	155479
operating the regional long-term care ombudsman programs	155480
designated by the State Long-Term Care Ombudsman.	155481

TRANSFER OF RESIDENT PROTECTION FUNDS

155482

In each fiscal year, the Director of Budget and Management	155483
may transfer up to $1,250,000 cash from the Resident Protection	155484
Fund (Fund 4E30), which is used by the Department of Medicaid, to	155485
the Ombudsman Support Fund (Fund 5BA0), which is used by the	155486
Department of Aging.	155487

The Director of Aging and the Office of the State Long-Term	155488
Care Ombudsman may use moneys in the Ombudsman Support Fund (Fund	155489
5BA0) to implement a nursing home quality initiative as specified	155490
in section 173.60 of the Revised Code.	155491

LONG-TERM CARE CONSUMERS GUIDE

155492

The foregoing appropriation item 490613, Long-Term Care	155493
Consumers Guide, shall be used to conduct annual consumer	155494
satisfaction surveys and to pay for other administrative expenses	155495
related to the publication of the Ohio Long-Term Care Consumer	155496
Guide.	155497

CASH TRANSFER FROM THE GENERAL OPERATIONS FUND TO THE BOARD	155498
OF EXECUTIVES OF LONG-TERM SERVICES AND SUPPORTS FUND	155499

On July 1, 2013, or as soon as possible thereafter, the	155500
Director of Health shall certify to the Director of Budget and	155501
Management the cash balance relating to the Board of Examiners of	155502
Nursing Home Administrators in the General Operations Fund (Fund	155503
4700), used by the Department of Health. Upon receiving this	155504
certification, the Director of Budget and Management may transfer	155505
this cash from the General Operations Fund (Fund 4700) to the	155506
Board of Executives of Long-Term Services and Supports Fund (Fund	155507
5MT0), used by the Department of Aging. If this transfer occurs,	155508
the Director of Budget and Management shall cancel any existing	155509
encumbrances pertaining to the Board of Examiners of Nursing Home	155510
Administrators against appropriation item 440647, Fee Supported	155511
Programs, and re-establish them against appropriation item 490627,	155512
Board of Executives of LTSS. The re-established encumbrance	155513
amounts are hereby appropriated.	155514

Section 209.40. DEPARTMENT OF AGING'S APPROPRIATION ITEM	155515
STRUCTURE	155516

Upon request from the Director of Aging, the Director of	155517
Budget and Management may establish new funds, new appropriation	155518
items, and appropriations in order to support the transition to a	155519
new appropriation item structure in the Department of Aging's	155520
budget. Also, upon request of the Director of Aging, the Director	155521
of Budget and Management may transfer appropriations between GRF	155522
appropriation items, transfer cash between any funds used by the	155523
Department of Aging, abolish existing funds used by the Department	155524
of Aging, and cancel and reestablish encumbrances. Any	155525
establishment of new funds or appropriation items, any transfers	155526
of appropriations or cash, and any increases in appropriation	155527
under this section are subject to Controlling Board approval.	155528

Section 209.50. UPDATING AUTHORIZING STATUTE CITATIONS

155529

As used in this section, "authorizing statute" means a	155530
Revised Code section or provision of a Revised Code section that	155531
is cited in the Ohio Administrative Code as the statute that	155532
authorizes the adoption of a rule.	155533

The Director of Aging is not required to amend any rule for	155534
the sole purpose of updating the citation in the Ohio	155535
Administrative Code to the rule's authorizing statute to reflect	155536
that this act renumbers the authorizing statute or relocates it to	155537
another Revised Code section. Such citations shall be updated as	155538
the Director amends the rules for other purposes.	155539

Section 211.10. AGR DEPARTMENT OF AGRICULTURE

155540

General Revenue Fund	155541

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	155542
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	155543
GRF	700404	Ohio Proud	$	50,000	$	50,000	155544
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	155545
GRF	700407	Food Safety	$	848,792	$	848,792	155546
GRF	700409	Farmland Preservation	$	72,750	$	72,750	155547
GRF	700412	Weights and Measures	$	600,000	$	600,000	155548
GRF	700415	Poultry Inspection	$	592,978	$	592,978	155549
GRF	700418	Livestock Regulation Program	$	1,108,071	$	1,108,071	155550
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	155551
GRF	700426	Dangerous and Restricted Animals	$	800,000	$	800,000	155552
GRF	700427	High Volume Breeder Kennel Control	$	400,000	$	200,000	155553
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	155554
GRF	700501	County Agricultural Societies	$	391,415	$	391,415	155555
TOTAL GRF General Revenue Fund			$	15,454,231	$	15,254,231	155556

General Services Fund Group	155557

5DA0	700644	Laboratory Administration Support	$	1,115,000	$	1,115,000	155558
5GH0	700655	Central Support Indirect Cost	$	4,368,013	$	4,404,073	155559
TOTAL GSF General Services Fund Group			$	5,483,013	$	5,519,073	155560

Federal Special Revenue Fund Group	155561

3260	700618	Meat Inspection Program - Federal Share	$	4,450,000	$	4,450,000	155562
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	155563
3820	700601	Cooperative Contracts	$	4,500,000	$	4,500,000	155564
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	155565
3J40	700607	Indirect Cost	$	1,100,000	$	1,100,000	155566
3R20	700614	Federal Plant Industry	$	1,606,000	$	1,606,000	155567
TOTAL FED Federal Special Revenue							155568
Fund Group			$	12,806,000	$	12,806,000	155569

State Special Revenue Fund Group	155570

4900	700651	License Plates - Sustainable Agriculture	$	10,000	$	10,000	155571
4940	700612	Agricultural Commodity Marketing Program	$	218,000	$	213,000	155572
4960	700626	Ohio Grape Industries	$	970,000	$	970,000	155573
4970	700627	Commodity Handlers Regulatory Program	$	482,672	$	482,672	155574
4C90	700605	Commercial Feed and Seed	$	1,760,000	$	1,760,000	155575
4D20	700609	Auction Education	$	35,000	$	35,000	155576
4E40	700606	Utility Radiological Safety	$	130,000	$	130,000	155577
4P70	700610	Food Safety Inspection	$	1,017,328	$	1,017,328	155578
4R00	700636	Ohio Proud Marketing	$	45,500	$	45,500	155579
4R20	700637	Dairy Industry Inspection	$	1,738,247	$	1,738,247	155580
4T60	700611	Poultry and Meat Inspection	$	120,000	$	120,000	155581
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	155582
5880	700633	Brand Registration	$	5,000	$	5,000	155583
5B80	700629	Auctioneers	$	340,000	$	340,000	155584
5CP0	700652	License Plate Scholarships	$	10,000	$	10,000	155585
5FC0	700648	Plant Pest Program	$	1,190,000	$	1,190,000	155586
5H20	700608	Metrology Lab and Scale Certification	$	552,000	$	552,000	155587
5L80	700604	Livestock Management Program	$	145,000	$	145,000	155588
5MA0	700657	Dangerous and Restricted Animals	$	195,000	$	195,000	155589
6520	700634	Animal and Consumer Analytical Laboratory	$	4,966,383	$	4,966,383	155590
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	155591
TOTAL SSR State Special Revenue							155592
Fund Group			$	18,523,313	$	18,518,313	155593

Clean Ohio Conservation Fund Group	155594

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		155595
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		155596

TOTAL ALL BUDGET FUND GROUPS

52,576,557

52,407,617

155597

DANGEROUS AND RESTRICTED WILD ANIMALS

155598

The foregoing GRF appropriation item 700426, Dangerous and	155599
Restricted Animals, shall be used to administer the Dangerous and	155600
Restricted Wild Animal Permitting Program.	155601

COUNTY AGRICULTURAL SOCIETIES

155602

The foregoing appropriation item 700501, County Agricultural	155603
Societies, shall be used to reimburse county and independent	155604
agricultural societies for expenses related to Junior Fair	155605
activities.	155606

CLEAN OHIO AGRICULTURAL EASEMENT

155607

The foregoing appropriation item 700632, Clean Ohio	155608
Agricultural Easement, shall be used by the Department of	155609
Agriculture in administering Ohio Agricultural Easement Fund (Fund	155610
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	155611
5301.70 of the Revised Code.	155612

Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

155613

General Services Fund Group	155614

5EG0	898608		Energy Strategy Development		$	240,681		$	240,681		155615
TOTAL GSF General Services Fund					$	240,681		$	240,681		155616

State Special Revenue Fund Group	155617

4Z90	898602	Small Business Ombudsman	$	288,232	$	288,232	155618
5700	898601	Operating Expenses	$	323,980	$	323,980	155619
5A00	898603	Small Business Assistance	$	900,000	$	1,125,000	155620
TOTAL SSR State Special Revenue Fund Group			$	1,512,212	$	1,737,212	155621
TOTAL ALL BUDGET FUND GROUPS			$	1,752,893	$	1,977,893	155622

Section 213.20. ENERGY STRATEGY DEVELOPMENT

155624

The Energy Strategy Development Program shall develop energy	155625
initiatives, projects, and policy that align with the energy	155626
policy for the state. Issues addressed by such initiatives,	155627
projects, and policy shall not be limited to those governed by	155628
Chapter 3706. of the Revised Code. The Ohio Air Quality	155629
Development Authority shall be responsible for the monitoring of	155630
the program.	155631

There is hereby created in the state treasury the Energy	155632
Strategy Development Fund (Fund 5EG0). The fund shall consist of	155633
money credited to it and money obtained for advanced energy	155634
projects from federal or private grants, loans, or other sources.	155635
Money in the fund shall be used to carry out the purposes of the	155636
program. Interest earned on the money in the fund shall be	155637
credited to the General Revenue Fund.	155638

On July 1 of each fiscal year, or as soon as possible	155639
thereafter, the Director of Budget and Management may transfer	155640
cash from the funds specified below, up to the amounts specified	155641
below, to the Energy Strategy Development Fund. Fund 5EG0 may	155642
accept contributions and transfers made to the fund. On July 1,	155643
2015, or as soon as possible thereafter, the Director shall	155644
transfer to the General Revenue Fund all cash credited to Fund	155645
5EG0. Upon completion of the transfer, Fund 5EG0 is abolished.	155646

Fund	Fund Name	User	FY 2014	FY 2015	155647
1310	State Agency Construction Project Service	Ohio Facilities Construction Commission	$27,405	$27,439	155648
5GH0	Central Support Indirect Cost	Department of Agriculture	$27,405	$27,439	155649
1350	Supportive Services	Development Services Agency	$27,405	$27,439	155650
2190	Central Support Indirect Cost	Environmental Protection Agency	$27,405	$27,439	155651
1570	Central Support Indirect Chargeback	Department of Natural Resources	$27,405	$27,439	155652
7002	Highway Operating	Department of Transportation	$39,150	$39,199	155653

Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT	155654
AUTHORITY TRUST ACCOUNT	155655

Notwithstanding any other provision of law to the contrary,	155656
the Air Quality Development Authority may reimburse the Air	155657
Quality Development Authority trust account established under	155658
section 3706.10 of the Revised Code from all operating funds of	155659
the agency for expenses pertaining to the administration and	155660
shared costs incurred by the Air Quality Development Authority in	155661
the execution of responsibilities as prescribed in Chapter 3706.	155662
of the Revised Code. Reimbursement shall be made by voucher and	155663
completed in accordance with the administrative indirect costs	155664
allocation plan approved by the Office of Budget and Management.	155665

Section 215.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

155666

General Services Fund Group	155667

4K90	891609	Operating	$	481,379	$	485,954	155668
TOTAL GSF General Services Fund							155669
Group			$	481,379	$	485,954	155670
TOTAL ALL BUDGET FUND GROUPS			$	481,379	$	485,954	155671

Section 217.10. ART OHIO ARTS COUNCIL

155673

General Revenue Fund	155674

GRF	370321	Operating Expenses	$	1,649,204	$	1,649,204	155675
GRF	370502	State Program Subsidies	$	9,700,000	$	9,700,000	155676
TOTAL GRF General Revenue Fund			$	11,349,204	$	11,349,204	155677

General Services Fund Group	155678

4600	370602	Management Expenses and Donations	$	247,000	$	247,000	155679
4B70	370603	Percent for Art Acquisitions	$	247,000	$	247,000	155680
TOTAL GSF General Services Fund Group			$	494,000	$	494,000	155681

Federal Special Revenue Fund Group	155682

3140	370601	Federal Support	$	1,000,000	$	1,000,000	155683
TOTAL FED Federal Special Revenue Fund Group			$	1,000,000	$	1,000,000	155684
TOTAL ALL BUDGET FUND GROUPS			$	12,843,204	$	12,843,204	155685

OPERATING EXPENSES

155686

Of the foregoing appropriation item 370321, Operating	155687
Expenses, up to $50,000 shall be used in each fiscal year for	155688
technology upgrades and improvements.	155689

FEDERAL SUPPORT

155690

Notwithstanding any provision of law to the contrary, the	155691
foregoing appropriation item 370601, Federal Support, shall be	155692
used by the Ohio Arts Council for subsidies only, and not for its	155693
administrative costs, unless the Council is required to use a	155694
portion of the funds for administrative costs under conditions of	155695
the federal grant.	155696

Section 219.10. ATH ATHLETIC COMMISSION

155697

General Services Fund Group	155698

4K90	175609	Operating Expenses	$	312,000	$	320,000	155699
TOTAL GSF General Services Fund Group			$	312,000	$	320,000	155700
TOTAL ALL BUDGET FUND GROUPS			$	312,000	$	320,000	155701

Section 221.10. AGO ATTORNEY GENERAL

155703

General Revenue Fund	155704

GRF	055321	Operating Expenses	$	42,514,169	$	43,114,169	155705
GRF	055405	Law-Related Education	$	100,000	$	100,000	155706
GRF	055407	Tobacco Settlement Enforcement	$	1,500,000	$	1,500,000	155707
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	155708
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	155709
GRF	055501	Rape Crisis Centers	$	1,000,000	$	1,000,000	155710
TOTAL GRF General Revenue Fund			$	46,703,589	$	47,303,589	155711

General Services Fund Group	155712

1060	055612	General Reimbursement	$	54,806,192	$	55,820,716	155713
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	155714
4180	055615	Charitable Foundations	$	8,286,000	$	8,286,000	155715
4200	055603	Attorney General Antitrust	$	1,839,074	$	1,839,074	155716
4210	055617	Police Officers' Training Academy Fee	$	500,000	$	500,000	155717
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	155718
5900	055633	Peace Officer Private Security Fund	$	79,438	$	95,325	155719
5A90	055618	Telemarketing Fraud Enforcement	$	45,000	$	10,000	155720
5L50	055619	Law Enforcement Assistance Program	$	375,255	$	187,627	155721
5LR0	055655	Peace Officer Training - Casino	$	4,629,409	$	4,629,409	155722
5MP0	055657	Peace Officer Training Commission	$	25,000	$	25,000	155723
6310	055637	Consumer Protection Enforcement	$	6,700,000	$	6,834,000	155724
TOTAL GSF General Services Fund							155725
Group			$	86,700,872	$	87,642,655	155726

Federal Special Revenue Fund Group	155727

3060	055620	Medicaid Fraud Control	$	4,537,408	$	4,628,156	155728
3810	055611	Civil Rights Legal Service	$	75,000	$	35,574	155729
3830	055634	Crime Victims Assistance	$	15,000,000	$	15,000,000	155730
3E50	055638	Attorney General Pass-Through Funds	$	599,999	$	599,999	155731
3FV0	055656	Crime Victim Compensation	$	7,000,000	$	7,000,000	155732
3R60	055613	Attorney General Federal Funds	$	999,999	$	999,999	155733
TOTAL FED Federal Special Revenue							155734
Fund Group			$	28,212,406	$	28,263,728	155735

State Special Revenue Fund Group	155736

4020	055616	Victims of Crime	$	16,456,769	$	16,456,769	155737
4190	055623	Claims Section	$	55,920,716	$	56,937,131	155738
4L60	055606	DARE Programs	$	3,578,901	$	3,486,209	155739
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	155740
6590	055641	Solid and Hazardous Waste Background Investigations	$	310,730	$	310,730	155741
TOTAL SSR State Special Revenue							155742
Fund Group			$	76,867,116	$	77,790,839	155743

Holding Account Redistribution Fund Group	155744

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	155745
R005	055632	Antitrust Settlements	$	1,000	$	1,000	155746
R018	055630	Consumer Frauds	$	750,000	$	750,000	155747
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	155748
R054	055650	Collection Payment Redistribution	$	4,500,000	$	4,500,000	155749
TOTAL 090 Holding Account							155750
Redistribution Fund Group			$	6,276,025	$	6,276,025	155751

Tobacco Master Settlement Agreement Fund Group	155752

U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	500,000	$	500,000	155753
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	500,000	$	500,000	155754
TOTAL ALL BUDGET FUND GROUPS			$	245,260,008	$	247,776,836	155755

OHIO BCI FORENSIC RESEARCH AND PROFESSIONAL TRAINING CENTER

155756

Of the foregoing appropriation item 055321, Operating	155757
Expenses, $600,000 in fiscal year 2015 shall be used to create the	155758
Ohio BCI Forensic Research and Professional Training Center at	155759
Bowling Green State University. The purpose of the Center shall be	155760
to foster forensic science research techniques (BCI Eminent	155761
Scholar) and to create professional training opportunities to	155762
students (BCI Scholars) in the forensic science fields.	155763

COUNTY SHERIFFS' PAY SUPPLEMENT

155764

The foregoing appropriation item 055411, County Sheriffs' Pay	155765
Supplement, shall be used for the purpose of supplementing the	155766
annual compensation of county sheriffs as required by section	155767
325.06 of the Revised Code.	155768

At the request of the Attorney General, the Director of	155769
Budget and Management may transfer appropriation from	155770
appropriation item 055321, Operating Expenses, to appropriation	155771
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	155772
transferred shall be used to supplement the annual compensation of	155773
county sheriffs as required by section 325.06 of the Revised Code.	155774

COUNTY PROSECUTORS' PAY SUPPLEMENT

155775

The foregoing appropriation item 055415, County Prosecutors'	155776
Pay Supplement, shall be used for the purpose of supplementing the	155777
annual compensation of certain county prosecutors as required by	155778
section 325.111 of the Revised Code.	155779

At the request of the Attorney General, the Director of	155780
Budget and Management may transfer appropriation from	155781
appropriation item 055321, Operating Expenses, to appropriation	155782
item 055415, County Prosecutors' Pay Supplement. Any appropriation	155783
so transferred shall be used to supplement the annual compensation	155784
of county prosecutors as required by section 325.111 of the	155785
Revised Code.	155786

CASH TRANSFER FROM THE GENERAL REVENUE FUND TO THE GENERAL	155787
REIMBURSEMENT FUND	155788

Notwithstanding any other provision of law to the contrary,	155789
on July 1, 2013, or as soon as possible thereafter, the Director	155790
of Budget and Management shall transfer $80,000 cash from the	155791
General Revenue Fund to the General Reimbursement Fund (Fund	155792
1060).	155793

WORKERS' COMPENSATION SECTION

155794

The Workers' Compensation Fund (Fund 1950) is entitled to	155795
receive payments from the Bureau of Workers' Compensation and the	155796
Ohio Industrial Commission at the beginning of each quarter of	155797
each fiscal year to fund legal services to be provided to the	155798
Bureau of Workers' Compensation and the Ohio Industrial Commission	155799
during the ensuing quarter. The advance payment shall be subject	155800
to adjustment.	155801

In addition, the Bureau of Workers' Compensation shall	155802
transfer payments at the beginning of each quarter for the support	155803
of the Workers' Compensation Fraud Unit.	155804

All amounts shall be mutually agreed upon by the Attorney	155805
General, the Bureau of Workers' Compensation, and the Ohio	155806
Industrial Commission.	155807

ATTORNEY GENERAL PASS-THROUGH FUNDS

155808

The foregoing appropriation item 055638, Attorney General	155809
Pass-Through Funds, shall be used to receive federal grant funds	155810
provided to the Attorney General by other state agencies,	155811
including, but not limited to, the Department of Youth Services	155812
and the Department of Public Safety.	155813

GENERAL HOLDING ACCOUNT

155814

The foregoing appropriation item 055631, General Holding	155815
Account, shall be used to distribute moneys under the terms of	155816
relevant court orders or other settlements received in a variety	155817
of cases involving the Office of the Attorney General. If it is	155818
determined that additional amounts are necessary for this purpose,	155819
the amounts are hereby appropriated.	155820

ANTITRUST SETTLEMENTS

155821

The foregoing appropriation item 055632, Antitrust	155822
Settlements, shall be used to distribute moneys under the terms of	155823
relevant court orders or other out of court settlements in	155824
antitrust cases or antitrust matters involving the Office of the	155825
Attorney General. If it is determined that additional amounts are	155826
necessary for this purpose, the amounts are hereby appropriated.	155827

CONSUMER FRAUDS

155828

The foregoing appropriation item 055630, Consumer Frauds,	155829
shall be used for distribution of moneys from court-ordered	155830
judgments against sellers in actions brought by the Office of	155831
Attorney General under sections 1334.08 and 4549.48 and division	155832
(B) of section 1345.07 of the Revised Code. These moneys shall be	155833
used to provide restitution to consumers victimized by the fraud	155834
that generated the court-ordered judgments. If it is determined	155835
that additional amounts are necessary for this purpose, the	155836
amounts are hereby appropriated.	155837

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

155838

The foregoing appropriation item 055601, Organized Crime	155839
Commission Distributions, shall be used by the Organized Crime	155840
Investigations Commission, as provided by section 177.011 of the	155841
Revised Code, to reimburse political subdivisions for the expenses	155842
the political subdivisions incur when their law enforcement	155843
officers participate in an organized crime task force. If it is	155844
determined that additional amounts are necessary for this purpose,	155845
the amounts are hereby appropriated.	155846

COLLECTION PAYMENT REDISTRIBUTION

155847

The foregoing appropriation item 055650, Collection Payment	155848
Redistribution, shall be used for the purpose of allocating the	155849
revenue where debtors mistakenly paid the client agencies instead	155850
of the Attorney General's Collections Enforcement Section. If it	155851
is determined that additional amounts are necessary for this	155852
purpose, the amounts are hereby appropriated.	155853

OHIO LAW ENFORCEMENT TRAINING FUND RECOMMENDATIONS

155854

By September 1, 2013, the Attorney General, in consultation	155855
with state and local law enforcement agencies, shall submit to the	155856
President and Minority Leader of the Senate and the Speaker and	155857
Minority Leader of the House of Representatives a report	155858
recommending how to best use moneys collected from the gross	155859
casino revenue tax, pursuant to Section 6(C)(3)(f) of Article XV,	155860
Ohio Constitution, and how to best distribute such money for the	155861
purposes of enhancing public safety and providing additional	155862
training opportunities to the law enforcement community. The	155863
report shall expressly include a recommendation for sharing a	155864
portion of such moneys with local law enforcement agencies	155865
beginning in fiscal year 2015.	155866

Section 223.10. AUD AUDITOR OF STATE

155867

General Revenue Fund	155868

GRF	070321	Operating Expenses	$	27,434,452	$	27,434,452	155869
GRF	070403	Fiscal Watch/Emergency Technical Assistance	$	800,000	$	800,000	155870
TOTAL GRF General Revenue Fund			$	28,234,452	$	28,234,452	155871

Auditor of State Fund Group	155872

1090	070601	Public Audit Expense - Intra-State	$	9,069,804	$	9,196,081	155873
4220	070602	Public Audit Expense - Local Government	$	31,052,999	$	31,031,044	155874
5840	070603	Training Program	$	181,730	$	181,250	155875
5JZ0	070606	LEAP Revolving Loans	$	650,000	$	650,000	155876
6750	070605	Uniform Accounting Network	$	3,241,533	$	3,160,637	155877
TOTAL AUD Auditor of State Fund							155878
Group			$	44,196,066	$	44,219,012	155879
TOTAL ALL BUDGET FUND GROUPS			$	72,430,518	$	72,453,464	155880

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

155881

The foregoing appropriation item 070403, Fiscal	155882
Watch/Emergency Technical Assistance, shall be used for expenses	155883
incurred by the Office of the Auditor of State in its role	155884
relating to fiscal watch or fiscal emergency activities under	155885
Chapters 118. and 3316. of the Revised Code. Expenses include, but	155886
are not limited to, the following: duties related to the	155887
determination or termination of fiscal watch or fiscal emergency	155888
of municipal corporations, counties, townships, or school	155889
districts; development of preliminary accounting reports;	155890
performance of annual forecasts; provision of performance audits;	155891
and supervisory, accounting, or auditing services for the	155892
municipal corporations, counties, townships, or school districts.	155893

Section 225.10. BRB BOARD OF BARBER EXAMINERS

155894

General Services Fund Group	155895

4K90	877609	Operating Expenses	$	670,882	$	674,272	155896
TOTAL GSF General Services Fund							155897
Group			$	670,882	$	674,272	155898
TOTAL ALL BUDGET FUND GROUPS			$	670,882	$	674,272	155899

Section 227.10. OBM OFFICE OF BUDGET AND MANAGEMENT

155901

General Revenue Fund	155902

GRF	042321	Budget Development and Implementation	$	2,703,189	$	2,697,483	155903
GRF	042409	Commission Closures	$	304,000	$	155,000	155904
GRF	042416	Office of Health Transformation	$	484,486	$	498,571	155905
GRF	042425	Shared Services Development	$	1,250,000	$	1,250,000	155906
TOTAL GRF General Revenue Fund			$	4,741,675	$	4,601,054	155907

General Services Fund Group	155908

1050	042603	Financial Management	$	14,060,275	$	14,451,086	155909
1050	042620	Shared Services Operating	$	8,837,518	$	8,924,830	155910
TOTAL GSF General Services Fund Group			$	22,897,793	$	23,375,916	155911

Federal Special Revenue Fund Group	155912

3CM0	042606		Office of Health Transformation - Federal		$	438,723		$	438,723		155913
TOTAL FED Federal Special Revenue Fund Group					$	438,723		$	438,723		155914

Agency Fund Group	155915

5EH0	042604	Forgery Recovery	$	40,000	$	40,000	155916
TOTAL AGY Agency Fund Group			$	40,000	$	40,000	155917
TOTAL ALL BUDGET FUND GROUPS			$	28,118,191	$	28,455,693	155918

COMMISSION CLOSURES

155919

The foregoing appropriation item 042409, Commission Closures,	155920
may be used to pay obligations associated with the closure of any	155921
state agency, whether in the executive, legislative, or judicial	155922
branch of government. Notwithstanding any provision of law to the	155923
contrary, this appropriation item may also be used to pay final	155924
payroll expenses occurring after the closure of any state agency,	155925
whether in the executive, legislative, or judicial branch of	155926
government in the event that appropriations or cash in the closing	155927
agency are insufficient to do so.	155928

The Director of Budget and Management may request Controlling	155929
Board approval for funds to be transferred to appropriation item	155930
042409, Commission Closures, from appropriation item 911614, CB	155931
Emergency Purposes, for anticipated expenses associated with	155932
agency closures.	155933

AUDIT COSTS AND DUES

155934

All centralized audit costs associated with either Single	155935
Audit Schedules or financial statements prepared in conformance	155936
with generally accepted accounting principles for the state shall	155937
be paid from the foregoing appropriation item 042603, Financial	155938
Management.	155939

Costs associated with the audit of the Auditor of State and	155940
national association dues shall be paid from the foregoing	155941
appropriation item 042321, Budget Development and Implementation.	155942

SHARED SERVICES CENTER

155943

The foregoing appropriation items 042425, Shared Services	155944
Development, and 042620, Shared Services Operating, shall be used	155945
by the Director of Budget and Management to support a Shared	155946
Services Center within the Office of Budget and Management for the	155947
purpose of consolidating statewide business functions and common	155948
transactional processes.	155949

The Director of Budget and Management shall include the	155950
recovery of costs to operate the Shared Services Center in the	155951
accounting and budgeting services payroll rate and through a	155952
direct charges using intrastate transfer vouchers to agencies for	155953
services rendered. The Director of Budget and Management shall	155954
determine the cost recovery methodology. Such cost recovery	155955
revenues shall be deposited to the credit of Fund 1050.	155956

INTERNAL AUDIT

155957

The Director of Budget and Management shall include the	155958
recovery of costs to operate the Internal Audit Program in the	155959
accounting and budgeting services payroll rate and through a	155960
direct charge using intrastate transfer vouchers to agencies	155961
reviewed by the program. The Director of Budget and Management,	155962
with advice from the Internal Audit Advisory Council, shall	155963
determine the cost recovery methodology. Such cost recovery	155964
revenues shall be deposited to the credit of the Accounting and	155965
Budgeting Fund (Fund 1050).	155966

FORGERY RECOVERY

155967

The foregoing appropriation item 042604, Forgery Recovery,	155968
shall be used to reissue warrants that have been certified as	155969
forgeries by the rightful recipient as determined by the Bureau of	155970
Criminal Identification and Investigation and the Treasurer of	155971
State. Upon receipt of funds to cover the reissuance of the	155972
warrant, the Director of Budget and Management shall reissue a	155973
state warrant of the same amount. Any additional amounts needed to	155974
reissue warrants backed by the receipt of funds are hereby	155975
appropriated.	155976

ABOLISHMENT OF FUND 5N40 AND FUND 5Z80

155977

On or before December 31, 2013, the Director of Budget and	155978
Management shall transfer the cash balances of the OAKS Project	155979
Implementation Fund (Fund 5N40) and the Office of Health	155980
Transformation Administration Fund (Fund 5Z80) to the General	155981
Revenue Fund. Upon completion of the transfers, Fund 5N40 and Fund	155982
5Z80 are abolished.	155983

CORRECTION OF ACCOUNTING ENTRIES RELATED TO MEDICAID LINE	155984
ITEM RESTRUCTURE IMPLEMENTATION	155985

Upon the request of any of the Directors of Medicaid, Health,	155986
Mental Health and Addiction Services, Aging, Developmental	155987
Disabilities, or Job and Family Services, the Director of Budget	155988
and Management may recode certain transactions for	155989
Medicaid-related expenditures between appropriation line items	155990
made in error during implementation of the statewide Medicaid line	155991
item restructuring and transactions made to appropriation line	155992
items that received no new appropriation in fiscal year 2014 and	155993
fiscal year 2015.	155994

Section 229.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

155995

General Revenue Fund	155996

GRF	874100	Personal Services	$	2,417,467	$	2,417,467	155997
GRF	874320	Maintenance and Equipment	$	1,161,098	$	1,161,098	155998
TOTAL GRF General Revenue Fund			$	3,578,565	$	3,578,565	155999

General Services Fund Group	156000

4G50	874603	Capitol Square Education Center and Arts	$	5,882	$	5,882	156001
4S70	874602	Statehouse Gift Shop/Events	$	629,409	$	629,409	156002
TOTAL GSF General Services							156003
Fund Group			$	635,291	$	635,291	156004

Underground Parking Garage	156005

2080	874601	Underground Parking Garage Operations	$	3,549,740	$	3,496,740	156006
TOTAL UPG Underground Parking							156007
Garage			$	3,549,740	$	3,496,740	156008
TOTAL ALL BUDGET FUND GROUPS			$	7,763,596	$	7,710,596	156009

WAREHOUSE PAYMENTS

156010

Of the foregoing appropriation item 874601, Underground	156011
Parking Garage Operations, $48,000 in each fiscal year shall be	156012
used to meet all payments at the times they are required to be	156013
made during the period from July 1, 2013, through June 30, 2015,	156014
to the Department of Administrative Services for bond service	156015
charges relating to the purchase and improvement of a warehouse	156016
acquired pursuant to section 105.41 of the Revised Code, in which	156017
to store items of the Capitol Collection Trust and, whenever	156018
necessary, equipment or other property of the Board.	156019

UNDERGROUND PARKING GARAGE FUND

156020

Notwithstanding division (G) of section 105.41 of the Revised	156021
Code and any other provision to the contrary, moneys in the	156022
Underground Parking Garage Fund (Fund 2080) may be used for	156023
personnel and operating costs related to the operations of the	156024
Statehouse and the Statehouse Underground Parking Garage.	156025

Of the foregoing appropriation item 874601, Underground	156026
Parking Garage Operations, up to $10,000 in fiscal year 2014 shall	156027
be used to support the 1st Ohio Light Artillery Battery A for the	156028
150th Anniversary Reenactment of the Battle of Gettysburg, and up	156029
to $15,000 in fiscal year 2015 shall be used for preparations in	156030
anticipation of the Lincoln Funeral Procession Train.	156031

Of the foregoing appropriation item 874601, Underground	156032
Parking Garage Operations, up to $300,000 in fiscal year 2014	156033
shall be used for site preparation, utility placement, and other	156034
preliminary construction activities needed for the erection of the	156035
permanent Holocaust memorial on the grounds of Capitol Square. The	156036
amount used for this purpose is subject to approval by the	156037
Controlling Board.	156038

HOUSE AND SENATE PARKING REIMBURSEMENT

156039

On July 1 of each fiscal year, or as soon as possible	156040
thereafter, the Director of Budget and Management shall transfer	156041
$500,000 cash from the General Revenue Fund to the Underground	156042
Parking Garage Fund (Fund 2080). The amounts transferred under	156043
this section shall be used to reimburse the Capitol Square Review	156044
and Advisory Board for legislative parking costs.	156045

Section 231.10. SCR STATE BOARD OF CAREER COLLEGES AND	156046
SCHOOLS	156047

General Services Fund Group	156048

4K90	233601	Operating Expenses	$	579,328	$	579,328	156049
TOTAL GSF General Services Fund Group			$	579,328	$	579,328	156050
TOTAL ALL BUDGET FUND GROUPS			$	579,328	$	579,328	156051

Section 233.10. CAC CASINO CONTROL COMMISSION

156053

State Special Revenue Fund Group	156054

5HS0	955321	Casino Control - Operating	$	13,121,283	$	13,542,674	156055
TOTAL SSR State Special Revenue Fund Group			$	13,121,283	$	13,542,674	156056
TOTAL ALL BUDGET FUND GROUPS			$	13,121,283	$	13,542,674	156057

Section 235.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

156059

General Services Fund Group	156060

4K90	930609	Operating Expenses	$	476,642	$	469,349	156061
TOTAL GSF General Services Fund Group			$	476,642	$	469,349	156062
TOTAL ALL BUDGET FUND GROUPS			$	476,642	$	469,349	156063

Section 237.10. CHR STATE CHIROPRACTIC BOARD

156065

General Services Fund Group	156066

4K90	878609	Operating Expenses	$	617,829	$	630,775	156067
TOTAL GSF General Services Fund Group			$	617,829	$	630,775	156068
TOTAL ALL BUDGET FUND GROUPS			$	617,829	$	630,775	156069

Section 239.10. CIV OHIO CIVIL RIGHTS COMMISSION

156071

General Revenue Fund	156072

GRF	876321		Operating Expenses		$	4,725,784		$	4,725,784		156073
TOTAL GRF General Revenue Fund					$	4,725,784		$	4,725,784		156074

General Services Fund Group	156075

2170	876604	Operations Support	$	4,000	$	4,000	156076
TOTAL GSF General Services							156077
Fund Group			$	4,000	$	4,000	156078

Federal Special Revenue Fund Group	156079

3340	876601	Federal Programs	$	2,820,670	$	2,947,983	156080
TOTAL FED Federal Special Revenue							156081
Fund Group			$	2,820,670	$	2,947,983	156082

TOTAL ALL BUDGET FUND GROUPS

7,550,454

7,677,767

156083

Section 241.10. COM DEPARTMENT OF COMMERCE

156085

General Services Fund Group	156086

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	156087
1630	800637	Information Technology	$	6,011,977	$	6,011,977	156088
5430	800602	Unclaimed Funds-Operating	$	7,737,546	$	7,737,546	156089
5430	800625	Unclaimed Funds-Claims	$	64,000,000	$	64,000,000	156090
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	156091
TOTAL GSF General Services Fund							156092
Group			$	84,249,523	$	84,249,523	156093

Federal Special Revenue Fund Group	156094

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	156095
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	156096
TOTAL FED Federal Special Revenue							156097
Fund Group			$	2,685,729	$	2,685,729	156098

State Special Revenue Fund Group	156099

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	156100
4H90	800608	Cemeteries	$	266,688	$	266,688	156101
4X20	800619	Financial Institutions	$	1,854,298	$	1,854,298	156102
5440	800612	Banks	$	6,836,589	$	6,836,589	156103
5450	800613	Savings Institutions	$	2,259,536	$	2,259,536	156104
5460	800610	Fire Marshal	$	17,336,990	$	15,976,408	156105
5460	800639	Fire Department Grants	$	2,198,802	$	2,198,802	156106
5470	800603	Real Estate Education/Research	$	69,655	$	69,655	156107
5480	800611	Real Estate Recovery	$	50,000	$	50,000	156108
5490	800614	Real Estate	$	3,310,412	$	3,310,412	156109
5500	800617	Securities	$	4,238,814	$	4,238,814	156110
5520	800604	Credit Union	$	3,297,888	$	3,297,888	156111
5530	800607	Consumer Finance	$	3,481,692	$	3,481,692	156112
5560	800615	Industrial Compliance	$	26,612,520	$	27,104,205	156113
5FW0	800616	Financial Literacy Education	$	200,000	$	200,000	156114
5GK0	800609	Securities Investor Education/Enforcement	$	432,150	$	432,150	156115
5HV0	800641	Cigarette Enforcement	$	118,800	$	118,800	156116
5LP0	800646	Liquor Regulatory Operating Expenses	$	7,988,921	$	7,844,537	156117
5X60	800623	Video Service	$	337,224	$	337,224	156118
6530	800629	UST Registration/Permit Fee	$	3,831,888	$	3,612,588	156119
6A40	800630	Real Estate Appraiser-Operating	$	672,973	$	672,973	156120
TOTAL SSR State Special Revenue							156121
Fund Group			$	85,430,840	$	84,198,259	156122

Liquor Control Fund Group	156123

5LC0	800644	Liquor JobsOhio Extraordinary Allowance	$	557,974	$	372,661	156124
5LN0	800645	Liquor Operating Services	$	13,949,342	$	9,316,535	156125
TOTAL LCF Liquor Control							156126
Fund Group			$	14,507,316	$	9,689,196	156127
TOTAL ALL BUDGET FUND GROUPS			$	186,873,408	$	180,822,707	156128

ADMINISTRATIVE ASSESSMENTS

156129

Notwithstanding any other provision of law to the contrary,	156130
the Division of Administration Fund (Fund 1630) is entitled to	156131
receive assessments from all operating funds of the Department in	156132
accordance with procedures prescribed by the Director of Commerce	156133
and approved by the Director of Budget and Management.	156134

UNCLAIMED FUNDS PAYMENTS

156135

The foregoing appropriation item 800625, Unclaimed	156136
Funds-Claims, shall be used to pay claims under section 169.08 of	156137
the Revised Code. If it is determined that additional amounts are	156138
necessary, the amounts are appropriated.	156139

FIRE DEPARTMENT GRANTS

156140

Of the foregoing appropriation item 800639, Fire Department	156141
Grants, up to $2,198,802 in each fiscal year shall be used to make	156142
annual grants to the following eligible recipients: volunteer fire	156143
departments, fire departments that serve one or more small	156144
municipalities or small townships, joint fire districts comprised	156145
of fire departments that primarily serve small municipalities or	156146
small townships, local units of government responsible for such	156147
fire departments, and local units of government responsible for	156148
the provision of fire protection services for small municipalities	156149
or small townships. For the purposes of these grants, a private	156150
fire company, as that phrase is defined in section 9.60 of the	156151
Revised Code, that is providing fire protection services under a	156152
contract to a political subdivision of the state, is an additional	156153
eligible recipient for a training grant.	156154

Eligible recipients that consist of small municipalities or	156155
small townships that all intend to contract with the same fire	156156
department or private fire company for fire protection services	156157
may jointly apply and be considered for a grant. If a joint	156158
applicant is awarded a grant, the State Fire Marshal shall, if	156159
feasible, proportionately award the grant and any equipment	156160
purchased with grant funds to each of the joint applicants based	156161
upon each applicant's contribution to and demonstrated need for	156162
fire protection services.	156163

If the grant awarded to joint applicants is an equipment	156164
grant and the equipment to be purchased cannot be readily	156165
distributed or possessed by multiple recipients, each of the joint	156166
applicants shall be awarded by the State Fire Marshal an ownership	156167
interest in the equipment so purchased in proportion to each	156168
applicant's contribution to and demonstrated need for fire	156169
protection services. The joint applicants shall then mutually	156170
agree on how the equipment is to be maintained, operated, stored,	156171
or disposed of. If, for any reason, the joint applicants cannot	156172
agree as to how jointly owned equipment is to be maintained,	156173
operated, stored, or disposed of or any of the joint applicants no	156174
longer maintain a contract with the same fire protection service	156175
provider as the other applicants, then the joint applicants shall,	156176
with the assistance of the State Fire Marshal, mutually agree as	156177
to how the jointly owned equipment is to be maintained, operated,	156178
stored, disposed of, or owned. If the joint applicants cannot	156179
agree how the grant equipment is to be maintained, operated,	156180
stored, disposed of, or owned, the State Fire Marshal may, in its	156181
discretion, require all of the equipment acquired by the joint	156182
applicants with grant funds to be returned to the State Fire	156183
Marshal. The State Fire Marshal may then award the returned	156184
equipment to any eligible recipients.	156185

Except as otherwise provided in this section, the grants	156186
shall be used by recipients to purchase firefighting or rescue	156187
equipment or gear or similar items, to provide full or partial	156188
reimbursement for the documented costs of firefighter training,	156189
or, at the discretion of the State Fire Marshal, to cover fire	156190
department costs for providing fire protection services in that	156191
grant recipient's jurisdiction.	156192

Of the foregoing appropriation item 800639, up to $500,000	156193
per fiscal year may be used to pay for the State Fire Marshal's	156194
costs of providing firefighter I certification classes or other	156195
firefighter classes approved by the Department of Public Safety in	156196
accordance with section 4765.55 of the Revised Code at no cost to	156197
selected students attending the Ohio Fire Academy or other class	156198
providers approved by the State Fire Marshal. The State Fire	156199
Marshal may establish the qualifications and selection processes	156200
for students to attend such classes by written policy, and such	156201
students shall be considered eligible recipients of fire	156202
department grants for the purposes of this portion of the grant	156203
program.	156204

Grant awards for firefighting or rescue equipment or gear or	156205
for fire department costs of providing fire protection services	156206
shall be up to $15,000 per fiscal year, or up to $25,000 per	156207
fiscal year if an eligible entity serves a jurisdiction in which	156208
the Governor declared a natural disaster during the preceding or	156209
current fiscal year in which the grant was awarded. In addition to	156210
any grant funds awarded for rescue equipment or gear, or for fire	156211
department costs associated with the provision of fire protection	156212
services, an eligible entity may receive a grant for up to $15,000	156213
per fiscal year for full or partial reimbursement of the	156214
documented costs of firefighter training. For each fiscal year,	156215
the State Fire Marshal shall determine the total amounts to be	156216
allocated for each eligible purpose.	156217

The grant program shall be administered by the State Fire	156218
Marshal in accordance with rules the State Fire Marshal adopts as	156219
part of the state fire code adopted pursuant to section 3737.82 of	156220
the Revised Code that are necessary for the administration and	156221
operation of the grant program. The rules may further define the	156222
entities eligible to receive grants and establish criteria for the	156223
awarding and expenditure of grant funds, including methods the	156224
State Fire Marshal may use to verify the proper use of grant funds	156225
or to obtain reimbursement for or the return of equipment for	156226
improperly used grant funds. Any amounts in appropriation item	156227
800639, Fire Department Grants, in excess of the amount allocated	156228
for these grants may be used for the administration of the grant	156229
program.	156230

CASH TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND

156231

The Director of Budget and Management, upon the request of	156232
the Director of Commerce, may transfer up to $500,000 in cash from	156233
the Real Estate Recovery Fund (Fund 5480) and up to $250,000 in	156234
cash from the Real Estate Appraiser Recovery Fund (Fund 4B20) to	156235
the Division of Real Estate Operating Fund (Fund 5490) during the	156236
biennium ending June 30, 2015.	156237

Section 243.10. OCC OFFICE OF CONSUMERS' COUNSEL

156238

General Services Fund Group	156239

5F50	053601	Operating Expenses	$	5,641,093	$	5,641,093	156240
TOTAL GSF General Services Fund Group			$	5,641,093	$	5,641,093	156241
TOTAL ALL BUDGET FUND GROUPS			$	5,641,093	$	5,641,093	156242

Section 245.10. CEB CONTROLLING BOARD

156244

General Revenue Fund	156245

GRF	911441		Ballot Advertising Costs		$	475,000		$	475,000		156246
TOTAL GRF General Revenue Fund					$	475,000		$	475,000		156247

General Services Fund Group	156248

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	156249
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	156250
TOTAL ALL BUDGET FUND GROUPS			$	10,475,000	$	10,475,000	156251

FEDERAL SHARE

156252

In transferring appropriations to or from appropriation items	156253
that have federal shares identified in this act, the Controlling	156254
Board shall add or subtract corresponding amounts of federal	156255
matching funds at the percentages indicated by the state and	156256
federal division of the appropriations in this act. Such changes	156257
are hereby appropriated.	156258

DISASTER SERVICES

156259

Pursuant to requests submitted by the Department of Public	156260
Safety, the Controlling Board may approve transfers from the	156261
Disaster Services Fund (5E20) to a fund and appropriation item	156262
used by the Department of Public Safety to provide for assistance	156263
to political subdivisions made necessary by natural disasters or	156264
emergencies. These transfers may be requested and approved prior	156265
to the occurrence of any specific natural disasters or emergencies	156266
in order to facilitate the provision of timely assistance. The	156267
Emergency Management Agency of the Department of Public Safety	156268
shall use the funding to fund the State Disaster Relief Program	156269
for disasters that have a written Governor's authorization, and	156270
the State Individual Assistance Program for disasters that have a	156271
written Governor's authorization and is declared by the federal	156272
Small Business Administration. The Ohio Emergency Management	156273
Agency shall publish and make available application packets	156274
outlining procedures for the State Disaster Relief Program and the	156275
State Individual Assistance Program.	156276

Fund 5E20 shall be used by the Controlling Board, pursuant to	156277
requests submitted by state agencies, to transfer cash and	156278
appropriations to any fund and appropriation item for the payment	156279
of state agency disaster relief program expenses for disasters	156280
that have a written Governor's authorization, if the Director of	156281
Budget and Management determines that sufficient funds exist.	156282

Upon the request of the Department of Public Safety, the	156283
Controlling Board may release up to $2,615,000 for Blanchard River	156284
flood mitigation projects.	156285

BALLOT ADVERTISING COSTS

156286

Pursuant to section 3501.17 of the Revised Code, and upon	156287
requests submitted by the Secretary of State, the Controlling	156288
Board shall approve transfers from the foregoing appropriation	156289
item 911441, Ballot Advertising Costs, to appropriation item	156290
050621, Statewide Ballot Advertising, in order to pay for the cost	156291
of public notices associated with statewide ballot initiatives.	156292

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	156293
ELIGIBILITY	156294

A state agency director shall request that the Controlling	156295
Board increase the amount of the agency's capital appropriations	156296
if the director determines such an increase is necessary for the	156297
agency to receive and use funds under the federal American	156298
Recovery and Reinvestment Act of 2009. The Controlling Board may	156299
increase the capital appropriations pursuant to the request up to	156300
the exact amount necessary under the federal act if the Board	156301
determines it is necessary for the agency to receive and use those	156302
federal funds.	156303

Section 247.10. COS STATE BOARD OF COSMETOLOGY

156304

General Services Fund Group	156305

4K90	879609	Operating Expenses	$	3,474,030	$	3,474,030	156306
TOTAL GSF General Services Fund							156307
Group			$	3,474,030	$	3,474,030	156308
TOTAL ALL BUDGET FUND GROUPS			$	3,474,030	$	3,474,030	156309

Section 249.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	156311
AND FAMILY THERAPIST BOARD	156312

General Services Fund Group	156313

4K90	899609	Operating Expenses	$	1,265,856	$	1,281,478	156314
TOTAL GSF General Services Fund							156315
Group			$	1,265,856	$	1,281,478	156316
TOTAL ALL BUDGET FUND GROUPS			$	1,265,856	$	1,281,478	156317

Section 251.10. CLA COURT OF CLAIMS

156319

General Revenue Fund	156320

GRF	015321		Operating Expenses		$	2,501,052		$	2,501,052		156321
TOTAL GRF General Revenue Fund					$	2,501,052		$	2,501,052		156322

State Special Revenue Fund Group	156323

5K20	015603	CLA Victims of Crime	$	415,556	$	415,953	156324
TOTAL SSR State Special Revenue							156325
Fund Group			$	415,556	$	415,953	156326
TOTAL ALL BUDGET FUND GROUPS			$	2,916,608	$	2,917,005	156327

Section 253.10. DEN STATE DENTAL BOARD

156329

General Services Fund Group	156330

4K90	880609	Operating Expenses	$	1,566,484	$	1,566,484	156331
TOTAL GSF General Services Fund							156332
Group			$	1,566,484	$	1,566,484	156333
TOTAL ALL BUDGET FUND GROUPS			$	1,566,484	$	1,566,484	156334

Section 255.10. BDP BOARD OF DEPOSIT

156336

General Services Fund Group	156337

4M20	974601	Board of Deposit	$	1,876,000	$	1,876,000	156338
TOTAL GSF General Services Fund							156339
Group			$	1,876,000	$	1,876,000	156340
TOTAL ALL BUDGET FUND GROUPS			$	1,876,000	$	1,876,000	156341

BOARD OF DEPOSIT EXPENSE FUND

156342

Upon receiving certification of expenses from the Treasurer	156343
of State, the Director of Budget and Management shall transfer	156344
cash from the Investment Earnings Redistribution Fund (Fund 6080)	156345
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund	156346
shall be used pursuant to section 135.02 of the Revised Code to	156347
pay for any and all necessary expenses of the Board of Deposit or	156348
for banking charges and fees required for the operation of the	156349
State of Ohio Regular Account.	156350

Section 257.10. DEV DEVELOPMENT SERVICES AGENCY

156351

General Revenue Fund	156352

GRF	195402	Coal Research Operating	$	261,205	$	261,405	156353
GRF	195405	Minority Business Development	$	1,693,691	$	1,693,691	156354
GRF	195407	Travel and Tourism	$	1,300,000	$	0	156355
GRF	195415	Business Development Services	$	2,413,387	$	2,413,387	156356
GRF	195426	Redevelopment Assistance	$	1,968,365	$	468,365	156357
GRF	195497	CDBG Operating Match	$	1,015,000	$	1,015,000	156358
GRF	195501	Appalachian Local Development Districts	$	440,000	$	440,000	156359
GRF	195532	Technology Programs and Grants	$	13,547,341	$	13,547,341	156360
GRF	195533	Business Assistance	$	4,205,774	$	4,205,774	156361
GRF	195535	Appalachia Assistance	$	3,846,482	$	3,846,482	156362
GRF	195537	Ohio-Israel Agricultural Initiative	$	150,000	$	150,000	156363
GRF	195901	Coal Research & Development General Obligation Debt Service	$	2,858,900	$	4,327,200	156364
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	66,511,600	$	83,783,000	156365
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	15,498,400	$	19,124,500	156366
TOTAL GRF General Revenue Fund			$	115,710,145	$	135,276,145	156367

General Services Fund Group	156368

1350	195684	Development Services Operations	$	10,800,000	$	10,800,000	156369
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	156370
5KN0	195640	Local Government Innovation	$	20,730,986	$	21,900,000	156371
5MB0	195623	Business Incentive Grants	$	15,000,000	$	0	156372
5MK0	195600	Vacant Facilities Grant	$	1,000,000	$	1,000,000	156373
5W50	195690	Travel and Tourism Cooperative Projects	$	150,000	$	150,000	156374
6850	195636	Development Services Reimbursable Expenditures	$	700,000	$	700,000	156375
TOTAL GSF General Services Fund							156376
Group			$	50,880,986	$	37,050,000	156377

Federal Special Revenue Fund Group	156378

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	156379
3080	195603	Housing Assistance Programs	$	10,000,000	$	10,000,000	156380
3080	195609	Small Business Administration Grants	$	5,271,381	$	5,271,381	156381
3080	195618	Energy Grants	$	9,307,779	$	4,109,193	156382
3080	195670	Home Weatherization Program	$	17,000,000	$	17,000,000	156383
3080	195671	Brownfield Redevelopment	$	5,000,000	$	5,000,000	156384
3080	195672	Manufacturing Extension Partnership	$	5,359,305	$	5,359,305	156385
3080	195675	Procurement Technical Assistance	$	600,000	$	600,000	156386
3080	195681	SBDC Disability Consulting	$	1,300,000	$	1,300,000	156387
3350	195610	Energy Programs	$	200,000	$	200,000	156388
3AE0	195643	Workforce Development Initiatives	$	1,800,000	$	1,800,000	156389
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	38,152	$	0	156390
3FJ0	195626	Small Business Capital Access and Collateral Enhancement Program	$	32,046,846	$	5,655,326	156391
3FJ0	195661	Technology Targeted Investment Program	$	12,750,410	$	2,250,072	156392
3K80	195613	Community Development Block Grant	$	65,000,000	$	65,000,000	156393
3K90	195611	Home Energy Assistance Block Grant	$	172,000,000	$	172,000,000	156394
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	156395
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	156396
3V10	195601	HOME Program	$	30,000,000	$	30,000,000	156397
TOTAL FED Federal Special Revenue							156398
Fund Group			$	417,389,090	$	375,260,494	156399

State Special Revenue Fund Group	156400

4500	195624	Minority Business Bonding Program Administration	$	74,868	$	74,905	156401
4510	195649	Business Assistance Programs	$	6,300,800	$	6,700,800	156402
4F20	195639	State Special Projects	$	102,145	$	102,104	156403
4F20	195699	Utility Community Assistance	$	500,000	$	500,000	156404
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	156405
5HR0	195526	Incumbent Workforce Training Vouchers	$	30,000,000	$	30,000,000	156406
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	156407
5JR0	195635	Redevelopment Program Support	$	100,000	$	100,000	156408
5KP0	195645	Historic Rehab Operating	$	650,000	$	650,000	156409
5LU0	195673	Racetrack Facility Community Economic Redevelopment Fund	$	12,000,000	$	0	156410
5M40	195659	Low Income Energy Assistance (USF)	$	350,000,000	$	350,000,000	156411
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	8,000,000	156412
5MH0	195644	SiteOhio Administration	$	100,000	$	100,000	156413
5MJ0	195683	TourismOhio Administration	$	8,000,000	$	8,000,000	156414
5W60	195691	International Trade Cooperative Projects	$	18,000	$	18,000	156415
6170	195654	Volume Cap Administration	$	32,562	$	32,562	156416
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	156417
TOTAL SSR State Special Revenue							156418
Fund Group			$	474,628,375	$	463,028,371	156419

Facilities Establishment Fund Group	156420

5S90	195628	Capital Access Loan Program	$	3,000,000	$	3,000,000	156421
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	156422
7010	195665	Research and Development	$	22,000,000	$	22,000,000	156423
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	156424
TOTAL 037 Facilities							156425
Establishment Fund Group			$	90,000,000	$	90,000,000	156426

Clean Ohio Revitalization Fund	156427

7003	195663		Clean Ohio Program		$	950,000		$	950,000		156428
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		156429

Third Frontier Research & Development Fund Group	156430

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	156431
7011	195687	Third Frontier Research & Development Projects	$	90,850,250	$	90,850,250	156432
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	156433
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	156434
TOTAL 011 Third Frontier Research & Development Fund Group			$	132,000,000	$	132,000,000	156435

Job Ready Site Development Fund Group	156436

7012	195688		Job Ready Site Development		$	800,000		$	800,000		156437
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		156438

Tobacco Master Settlement Agreement Fund Group	156439

M087	195435	Biomedical Research and Technology Transfer	$	1,896,595	$	1,906,025	156440
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,896,595	$	1,906,025	156441
TOTAL ALL BUDGET FUND GROUPS			$	1,284,255,191	$	1,236,271,035	156442

Section 257.20. COAL RESEARCH OPERATING

156444

The foregoing appropriation item 195402, Coal Research	156445
Operating, shall be used for the operating expenses of the	156446
Community Services Division in support of the Ohio Coal	156447
Development Office.	156448

TRAVEL AND TOURISM

156449

The foregoing appropriation item 195407, Travel and Tourism,	156450
shall be used for marketing the state of Ohio as a tourism	156451
destination and to support administrative expenses and contracts	156452
necessary to market Ohio.	156453

BUSINESS DEVELOPMENT SERVICES

156454

The foregoing appropriation item 195415, Business Development	156455
Services, shall be used for the operating expenses of the Business	156456
Services Division and the regional economic development offices	156457
and for grants for cooperative economic development ventures.	156458

REDEVELOPMENT ASSISTANCE

156459

The foregoing appropriation item 195426, Redevelopment	156460
Assistance, shall be used to fund the costs of administering the	156461
Clean Ohio Revitalization program and other urban revitalization	156462
programs that may be implemented by the Development Services	156463
Agency. Of the foregoing appropriation item 195426, Redevelopment	156464
Assistance, $1,500,000 in fiscal year 2014 shall be used for the	156465
Famicos Foundation.	156466

CDBG OPERATING MATCH

156467

The foregoing appropriation item 195497, CDBG Operating	156468
Match, shall be used as matching funds for grants from the United	156469
States Department of Housing and Urban Development pursuant to the	156470
Housing and Community Development Act of 1974 and regulations and	156471
policy guidelines for the programs pursuant thereto.	156472

APPALACHIAN LOCAL DEVELOPMENT DISTRICTS

156473

The foregoing appropriation item 195501, Appalachian Local	156474
Development Districts, shall be used to support four local	156475
development districts. Of the foregoing appropriation amount in	156476
each fiscal year, up to $135,000 shall be allocated to the Ohio	156477
Valley Regional Development Commission, up to $135,000 shall be	156478
allocated to the Ohio Mid-Eastern Government Association, up to	156479
$135,000 shall be allocated to the Buckeye Hills-Hocking Valley	156480
Regional Development District, and up to $35,000 shall be	156481
allocated to the Eastgate Regional Council of Governments. Local	156482
development districts receiving funding under this section shall	156483
use the funds for the implementation and administration of	156484
programs and duties under section 107.21 of the Revised Code.	156485

TECHNOLOGY PROGRAMS AND GRANTS

156486

Of the foregoing appropriation item 195532, Technology	156487
Programs and Grants, up to $547,341 in each fiscal year shall be	156488
used for operating expenses incurred in administering the Ohio	156489
Third Frontier pursuant to sections 184.10 to 184.20 of the	156490
Revised Code; and up to $13,000,000 in each fiscal year shall be	156491
used for the Thomas Edison Program pursuant to sections 122.28 to	156492
122.38 of the Revised Code, of which not less than $8,700,000	156493
shall be allocated for the Edison Center Network entities defined	156494
in division (C) of section 122.33 of the Revised Code, and not	156495
more than ten per cent shall be used for operating expenses	156496
incurred in administering the program.	156497

BUSINESS ASSISTANCE

156498

The foregoing appropriation item 195533, Business Assistance,	156499
may be used to provide a range of business assistance, including	156500
grants to local organizations to support economic development	156501
activities that promote minority business development, small	156502
business development, entrepreneurship, and exports of Ohio's	156503
goods and services. This appropriation item shall also be used as	156504
matching funds for grants from the United States Small Business	156505
Administration and other federal agencies, pursuant to Public Law	156506
No. 96-302 as amended by Public Law No. 98-395, and regulations	156507
and policy guidelines for the programs pursuant thereto.	156508

APPALACHIA ASSISTANCE

156509

The foregoing appropriation item 195535, Appalachia	156510
Assistance, may be used for the administrative costs of planning	156511
and liaison activities for the Governor's Office of Appalachia, to	156512
provide financial assistance to projects in Ohio's Appalachian	156513
counties, and to pay dues for the Appalachian Regional Commission.	156514
These funds may be used to match federal funds from the	156515
Appalachian Regional Commission.	156516

OHIO-ISRAEL AGRICULTURE INITIATIVE

156517

The foregoing appropriation item 195537, Ohio-Israel	156518
Agricultural Initiative, shall be used for the Ohio-Israel	156519
Agricultural Initiative.	156520

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

156521

The foregoing appropriation line item 195901, Coal Research	156522
and Development General Obligation Debt Service, shall be used to	156523
pay all debt service and related financing costs during the period	156524
July 1, 2013, through June 30, 2015 for obligations issued under	156525
sections 151.01 and 151.07 of the Revised Code.	156526

THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT	156527
SERVICE	156528

The foregoing appropriation item 195905, Third Frontier	156529
Research & Development General Obligation Debt Service, shall be	156530
used to pay all debt service and related financing costs during	156531
the period from July 1, 2013, through June 30, 2015, on	156532
obligations issued for research and development purposes under	156533
sections 151.01 and 151.10 of the Revised Code.	156534

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

156535

The foregoing appropriation item 195912, Job Ready Site	156536
Development General Obligation Debt Service, shall be used to pay	156537
all debt service and related financing costs during the period	156538
from July 1, 2013, through June 30, 2015, on obligations issued	156539
for job ready site development purposes under sections 151.01 and	156540
151.11 of the Revised Code.	156541

Section 257.30. DEVELOPMENT SERVICES OPERATIONS

156542

The Director of Development Services may assess offices of	156543
the agency for the cost of central service operations. An	156544
assessment shall contain the characteristics of administrative	156545
ease and uniform application. A division's payments shall be	156546
credited to the Supportive Services Fund (Fund 1350) using an	156547
intrastate transfer voucher.	156548

LOCAL GOVERNMENT INNOVATION FUND

156549

On July 1, 2013, or as soon as possible thereafter, the	156550
Director of Budget and Management shall transfer $4,600,000 in	156551
cash from the General Revenue Fund to the Local Government	156552
Innovation Fund (Fund 5KN0). On July 1, 2014, or as soon as	156553
possible thereafter, the Director of Budget and Management shall	156554
transfer $5,900,000 in cash from the General Revenue Fund to the	156555
Local Government Innovation Fund (5KN0).	156556

The foregoing appropriation item 195640, Local Government	156557
Innovation, shall be used for the purposes of making loans and	156558
grants to political subdivisions under the Local Government	156559
Innovation Program in accordance with sections 189.01 to 189.10 of	156560
the Revised Code, and for the purposes of making loans and grants	156561
to political subdivisions and grants to the Department of	156562
Administrative Services under the Local Government Efficiency	156563
Program in accordance with Section 701.40 of this act. Of the	156564
foregoing appropriation item 195640, Local Government Innovation,	156565
up to $4,600,000 in fiscal year 2014 and up to $5,900,000 in	156566
fiscal year 2015 may be used for the Local Government Efficiency	156567
Program established in section 701.40 of this act, and the amounts	156568
used are not subject to division (B) of Section 189.04 of the	156569
Revised Code. Of the foregoing appropriation item 195640, Local	156570
Government Innovation, up to $200,000 in each fiscal year shall be	156571
used for administrative costs incurred by the Development Services	156572
Agency, of which up to $25,000 in each fiscal year may be used for	156573
the costs of preparing the report required under division (B) of	156574
Section 701.30 of this act. Of the foregoing appropriation item	156575
195640, Local Government Innovation, up to $75,000 in each fiscal	156576
year may be used to administer and provide technical assistance in	156577
providing the grants or loans under division (B)(2) of Section	156578
701.40 of this act. In administering and providing this technical	156579
assistance, the Director of Development Services may enter into	156580
agreements with the Director of Administrative Services or other	156581
entities.	156582

TRAVEL AND TOURISM COOPERATIVE PROJECTS

156583

The foregoing appropriation item 195690, Travel and Tourism	156584
Cooperative Projects, shall consist solely of leveraged private	156585
sector paid advertising dollars received in tourism marketing	156586
assistance and co-op programs. These funds are to be used for the	156587
marketing and promotion of travel and tourism in Ohio.	156588

DEVELOPMENT SERVICES REIMBURSABLE EXPENDITURES

156589

The foregoing appropriation item 195636, Development Services	156590
Reimbursable Expenditures, shall be used for reimbursable costs	156591
incurred by the agency. Revenues to the General Reimbursement Fund	156592
(Fund 6850) shall consist of moneys charged for administrative	156593
costs that are not central service costs.	156594

Section 257.40. WORKFORCE DEVELOPMENT INITIATIVES

156595

Of the foregoing appropriation item 195643, Workforce	156596
Development Initiatives, $500,000 in fiscal year 2014 shall be	156597
used to fund the Heavy Machinery Pilot Program at Central Ohio	156598
Technical College for tuition support and reimbursement to train	156599
approximately 30 students for careers in construction and the oil	156600
and gas industries in Eastern Ohio and statewide.	156601

Of the foregoing appropriation item 195643, Workforce	156602
Development Initiative, $500,000 in each fiscal year shall be used	156603
for grants to BioOhio to support the Bioscience Workforce	156604
Development Initiative for training incumbent and prospective	156605
workers in the bioscience manufacturing industry in partnership	156606
with community colleges. BioOhio shall provide an annual report to	156607
the Office of the Governor and the General Assembly assessing the	156608
progress of the BioScience Workforce Development Initiative, and	156609
the report shall include enrollment and placement statistics.	156610

HEAP WEATHERIZATION

156611

Up to twenty-five per cent of the federal funds deposited to	156612
the credit of the Home Energy Assistance Block Grant Fund (Fund	156613
3K90) may be expended from appropriation item 195614, HEAP	156614
Weatherization, to provide home weatherization services in the	156615
state as determined by the Director of Development Services. Any	156616
transfers or increases in appropriation for the foregoing	156617
appropriation items 195614, HEAP Weatherization, or 195611, Home	156618
Energy Assistance Block Grant, shall be subject to approval by the	156619
Controlling Board.	156620

Section 257.50. BUSINESS ASSISTANCE PROGRAMS

156621

The foregoing appropriation item 195649, Business Assistance	156622
Programs, shall be used for administrative expenses associated	156623
with the operation of tax credit programs, loan servicing, the	156624
Ohio Film Office, workforce initiatives, and the Office of	156625
Strategic Business Investments.	156626

STATE SPECIAL PROJECTS

156627

The State Special Projects Fund (Fund 4F20), may be used for	156628
the deposit of private-sector funds from utility companies and for	156629
the deposit of other miscellaneous state funds. State moneys so	156630
deposited may also be used to match federal housing grants for the	156631
homeless.	156632

MINORITY BUSINESS ENTERPRISE LOAN

156633

All repayments from the Minority Development Financing	156634
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	156635
Program shall be deposited in the State Treasury to the credit of	156636
the Minority Business Enterprise Loan Fund (Fund 4W10).	156637

MINORITY BUSINESS BONDING FUND

156638

Notwithstanding Chapters 122., 169., and 175. of the Revised	156639
Code, the Director of Development Services may, upon the	156640
recommendation of the Minority Development Financing Advisory	156641
Board, pledge up to $10,000,000 in the fiscal year 2014-fiscal	156642
year 2015 biennium of unclaimed funds administered by the Director	156643
of Commerce and allocated to the Minority Business Bonding Program	156644
under section 169.05 of the Revised Code.	156645

If needed for the payment of losses arising from the Minority	156646
Business Bonding Program, the Director of Budget and Management	156647
may, at the request of the Director of Development Services,	156648
request that the Director of Commerce transfer unclaimed funds	156649
that have been reported by holders of unclaimed funds under	156650
section 169.05 of the Revised Code to the Minority Bonding Fund	156651
(Fund 4490). The transfer of unclaimed funds shall only occur	156652
after proceeds of the initial transfer of $2,700,000 by the	156653
Controlling Board to the Minority Business Bonding Program have	156654
been used for that purpose. If expenditures are required for	156655
payment of losses arising from the Minority Business Bonding	156656
Program, such expenditures shall be made from appropriation item	156657
195658, Minority Business Bonding Contingency in the Minority	156658
Business Bonding Fund, and such amounts are hereby appropriated.	156659

INCUMBENT WORKFORCE TRAINING VOUCHERS

156660

(A) The Director of Budget and Management may transfer up to	156661
$30,000,000 cash in each fiscal year from the Economic Development	156662
Programs Fund (Fund 5JC0) used by the Board of Regents to the Ohio	156663
Incumbent Workforce Job Training Fund (Fund 5HR0) used by the	156664
Development Services Agency.	156665

(B) Of the foregoing appropriation item 195526, Incumbent	156666
Workforce Training Vouchers, up to $30,000,000 in each fiscal year	156667
shall be used to support the Ohio Incumbent Workforce Training	156668
Voucher Program.	156669

(C) The Ohio Incumbent Workforce Training Voucher Program	156670
shall conform to guidelines for the operation of the program,	156671
including, but not limited to, the following:	156672

(1) A requirement that a training voucher under the program	156673
shall not exceed $6,000 per worker per year;	156674

(2) A provision for an employer of an eligible employee to	156675
apply for a voucher on behalf of the eligible employee;	156676

(3) A provision for an eligible employee to apply directly	156677
for a training voucher with the pre-approval of the employee's	156678
employer; and	156679

(4) A requirement that an employee participating in the	156680
program, or the employee's employer, shall pay for not less than	156681
thirty-three per cent of the training costs under the program.	156682

On July 1, 2014, or as soon as possible thereafter, the	156683
Director of Development Services may request that the Director of	156684
Budget and Management reappropriate any unexpended, unencumbered	156685
balance of the prior fiscal year's appropriation to the foregoing	156686
appropriation item 195526, Incumbent Workforce Training Vouchers,	156687
for fiscal year 2015. The Director of Budget and Management may	156688
request additional information necessary for evaluating the	156689
request, and the Director of Development Services shall provide	156690
the requested information to the Director of Budget and	156691
Management. Based on the information provided by the Director of	156692
Development Services, the Director of Budget and Management shall	156693
determine the amount to be reappropriated, and those amounts are	156694
hereby reappropriated for fiscal year 2015.	156695

DEFENSE DEVELOPMENT ASSISTANCE

156696

The Director of Budget and Management shall transfer up to	156697
$5,000,000 in cash in each fiscal year from the Economic	156698
Development Programs Fund (Fund 5JC0) used by the Board of Regents	156699
to the Ohio Incumbent Workforce Job Training Fund (Fund 5HR0) used	156700
by the Development Services Agency. The transferred funds shall be	156701
used for appropriation item 195622, Defense Development	156702
Assistance, for economic development programs and the creation of	156703
new jobs to leverage and support mission gains at Department of	156704
Defense facilities in Ohio by working with future base realignment	156705
and closure activities and ongoing Department of Defense	156706
efficiency initiatives, assisting efforts to secure Department of	156707
Defense support contracts for Ohio companies, assessing and	156708
supporting regional job training and workforce development needs	156709
generated by the Department of Defense and the Ohio aerospace	156710
industry, and for expanding job training and economic development	156711
programs in human performance related initiatives. A portion of	156712
these funds shall be matched in the aggregate amount of $5,000,000	156713
by either public or private industry partners, educational	156714
entities, or federal agencies.	156715

Of the foregoing appropriation item 195622, Defense	156716
Development Assistance, $3,000,000 shall be used by Applied	156717
Research Corporation to support education or research projects	156718
conducted by public-private partnerships in Ohio that seek to	156719
develop and train the workforce of Ohio in all industries.	156720

On July 1, 2014, or as soon as possible thereafter, the	156721
Director of Development Services may request that the Director of	156722
Budget and Management reappropriate any unexpended, unencumbered	156723
balance of the prior fiscal year's appropriation to the foregoing	156724
appropriation item 195622, Defense Development Assistance, for	156725
fiscal year 2015. The Director of Budget and Management may	156726
request additional information necessary for evaluating the	156727
request, and the Director of Development Services shall provide	156728
the requested information to the Director of Budget and	156729
Management. Based on the information provided by the Director of	156730
Development Services, the Director of Budget and Management shall	156731
determine the amount to be reappropriated, and those amounts are	156732
hereby reappropriated for fiscal year 2015.	156733

ADVANCED ENERGY LOAN PROGRAMS

156734

The foregoing appropriation item 195660, Advanced Energy Loan	156735
Programs, shall be used to provide financial assistance to	156736
customers for eligible advanced energy projects for residential,	156737
commercial, and industrial business, local government, educational	156738
institution, nonprofit, and agriculture customers, and to pay for	156739
the program's administrative costs as provided in sections 4928.61	156740
to 4928.63 of the Revised Code and rules adopted by the Director	156741
of Development Services.	156742

TOURISMOHIO ADMINISTRATION

156743

Of the foregoing appropriation item 195683, TourismOhio	156744
Administration, $1,000,000 in fiscal year 2014 shall be used to	156745
administer a program established by the Development Services	156746
Agency pursuant to section 122.121 of the Revised Code.	156747

Of the foregoing appropriation item 195683, TourismOhio	156748
Administration, $250,000 in fiscal year 2014 shall be used by Lake	156749
Erie Heritage Foundation for the promotion of events relating to	156750
bicentennial celebrations of the War of 1812 and the Battle of	156751
Lake Erie.	156752

VOLUME CAP ADMINISTRATION

156753

The foregoing appropriation item 195654, Volume Cap	156754
Administration, shall be used for expenses related to the	156755
administration of the Volume Cap Program. Revenues received by the	156756
Volume Cap Administration Fund (Fund 6170) shall consist of	156757
application fees, forfeited deposits, and interest earned from the	156758
custodial account held by the Treasurer of State.	156759

Section 257.60. CAPITAL ACCESS LOAN PROGRAM

156760

The foregoing appropriation item 195628, Capital Access Loan	156761
Program, shall be used for operating, program, and administrative	156762
expenses of the program. Funds of the Capital Access Loan Program	156763
shall be used to assist participating financial institutions in	156764
making program loans to eligible businesses that face barriers in	156765
accessing working capital and obtaining fixed-asset financing.	156766

INNOVATION OHIO LOAN FUND

156767

The foregoing appropriation item 195664, Innovation Ohio,	156768
shall be used to provide for Innovation Ohio purposes, including	156769
loan guarantees and loans under Chapter 166. and particularly	156770
sections 166.12 to 166.16 of the Revised Code.	156771

RESEARCH AND DEVELOPMENT

156772

The foregoing appropriation item 195665, Research and	156773
Development, shall be used to provide for research and development	156774
purposes, including loans, under Chapter 166. and particularly	156775
sections 166.17 to 166.21 of the Revised Code.	156776

FACILITIES ESTABLISHMENT

156777

The foregoing appropriation item 195615, Facilities	156778
Establishment, shall be used for the purposes of the Facilities	156779
Establishment Fund (Fund 7037) under Chapter 166. of the Revised	156780
Code.	156781

Notwithstanding Chapter 166. of the Revised Code, an amount	156782
not to exceed $3,000,000 in cash in each fiscal year may be	156783
transferred from the Facilities Establishment Fund (Fund 7037) to	156784
the Business Assistance Fund (Fund 4510). The transfer is subject	156785
to Controlling Board approval under division (B) of section 166.03	156786
of the Revised Code.	156787

Notwithstanding Chapter 166. of the Revised Code, the	156788
Director of Budget and Management may transfer an amount not to	156789
exceed $1,000,000 in cash in each fiscal year from the Facilities	156790
Establishment Fund (Fund 7037) to the Minority Business Enterprise	156791
Loan Fund (Fund 4W10).	156792

Notwithstanding Chapter 166. of the Revised Code, the	156793
Director of Budget and Management may transfer an amount not to	156794
exceed $2,000,000 in cash in each fiscal year from the Facilities	156795
Establishment Fund (Fund 7037) to the Capital Access Loan Fund	156796
(Fund 5S90).	156797

Section 257.70. CLEAN OHIO OPERATING EXPENSES

156798

The foregoing appropriation item 195663, Clean Ohio Program,	156799
shall be used by the Development Services Agency in administering	156800
Clean Ohio Revitalization Fund (Fund 7003) projects pursuant to	156801
sections 122.65 to 122.658 of the Revised Code.	156802

Section 257.80. THIRD FRONTIER OPERATING

156803

The foregoing appropriation items 195686, Third Frontier	156804
Operating, and 195620, Third Frontier Operating - Tax, shall be	156805
used for operating expenses incurred by the Development Services	156806
Agency in administering projects pursuant to sections 184.10 to	156807
184.20 of the Revised Code. Operating expenses paid from item	156808
195686 shall be limited to the administration of projects funded	156809
from the Third Frontier Research & Development Fund (Fund 7011)	156810
and operating expenses paid from item 195620 shall be limited to	156811
the administration of projects funded from the Third Frontier	156812
Research & Development Taxable Bond Project Fund (Fund 7014).	156813

THIRD FRONTIER RESEARCH AND DEVELOPMENT PROJECTS AND RESEARCH	156814
AND DEVELOPMENT TAXABLE BOND PROJECTS	156815

The foregoing appropriation items 195687, Third Frontier	156816
Research & Development Projects, 195692, Research & Development	156817
Taxable Bond Projects, and 195620, Third Frontier Operating - Tax,	156818
shall be used by the Development Services Agency to fund selected	156819
projects. Eligible costs are those costs of research and	156820
development projects to which the proceeds of the Third Frontier	156821
Research & Development Fund (Fund 7011) and the Research &	156822
Development Taxable Bond Project Fund (Fund 7014) are to be	156823
applied.	156824

TRANSFERS OF THIRD FRONTIER APPROPRIATIONS

156825

The Director of Budget and Management may approve written	156826
requests from the Director of Development Services for the	156827
transfer of appropriations between appropriation items 195687,	156828
Third Frontier Research & Development Projects, and 195692,	156829
Research & Development Taxable Bond Projects, based upon awards	156830
recommended by the Third Frontier Commission. The transfers are	156831
subject to approval by the Controlling Board.	156832

In fiscal year 2015, the Director of Development Services may	156833
request that the Director of Budget and Management reappropriate	156834
any unexpended, unencumbered balances of the prior fiscal year's	156835
appropriation to the foregoing appropriation items 195687, Third	156836
Frontier Research & Development Projects, and 195692, Research &	156837
Development Taxable Bond Projects, for fiscal year 2015. The	156838
Director of Budget and Management may request additional	156839
information necessary for evaluating these requests, and the	156840
Director of Development Services shall provide the requested	156841
information to the Director of Budget and Management. Based on the	156842
information provided by the Director of Development Services, the	156843
Director of Budget and Management shall determine the amounts to	156844
be reappropriated, and those amounts are hereby reappropriated for	156845
fiscal year 2015.	156846

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

156847

The Ohio Public Facilities Commission is hereby authorized to	156848
issue and sell, in accordance with Section 2p of Article VIII,	156849
Ohio Constitution, and particularly sections 151.01 and 151.10 of	156850
the Revised Code, original obligations of the State of Ohio in an	156851
aggregate amount not to exceed $350,000,000 in addition to the	156852
original issuance of obligations authorized by prior acts of the	156853
General Assembly. The authorized obligations shall be issued and	156854
sold from time to time and in amounts necessary to ensure	156855
sufficient moneys to the credit of the Third Frontier Research and	156856
Development Fund (Fund 7011) and the Third Frontier Research and	156857
Development Taxable Bond Fund (Fund 7014) to pay costs of research	156858
and development projects.	156859

Section 257.90. JOB READY SITE PROGRAM

156860

The foregoing appropriation item 195688, Job Ready Site	156861
Development, shall be used for operating expenses incurred by the	156862
Development Services Agency in administering Job Ready Site	156863
Development Fund (Fund 7012) projects pursuant to sections 122.085	156864
to 122.0820 of the Revised Code. Operating expenses include, but	156865
are not limited to, certain qualified expenses of the District	156866
Public Works Integrating Committees, as applicable, engineering	156867
review of submitted applications by the State Architect or a	156868
third-party engineering firm, audit and accountability activities,	156869
and costs associated with formal certifications verifying that	156870
site infrastructure is in place and is functional.	156871

Section 257.110. (A) ASSORTED TRANSFERS FOR RESTRUCTURING

156872

On July 1, 2013, or as soon as possible thereafter, the	156873
Director of Budget and Management may transfer up to the cash	156874
balances in the Tax Incentive Program Operating Fund (Fund 4S00)	156875
and the Tax Credit Operating Fund (Fund 4S10) to the Business	156876
Assistance Fund (Fund 4510).	156877

On July 1, 2013, or as soon as possible thereafter, the	156878
Director of Budget and Management may transfer up to the cash	156879
balances in the Family Farm Loan Fund (Fund 5H10) and the First	156880
Frontier Fund (Fund 4H40) to the Facility Establishment Fund (Fund	156881
7037).	156882

On July 1, 2013, or as soon as possible thereafter, the	156883
Director of Budget and Management may transfer up to the cash	156884
balance in the Brownfield Stormwater Loan Fund (Fund 5KD0) to the	156885
New Markets Tax Credit Program Fund (Fund 5JR0).	156886

On July 1, 2013, or as soon as possible thereafter, the	156887
Director of Budget and Management may transfer up to the cash	156888
balances in the Water and Sewer Fund (Fund 4440) and the Water and	156889
Sewer Administrative Fund (Fund 6110) to the General	156890
Reimbursements Fund (Fund 6850).	156891

On July 1, 2013, or as soon as possible thereafter, the	156892
Director of Budget and Management may transfer up to the cash	156893
balance in the Local Government Services Collaboration Grant Fund	156894
(Fund 7088) to the Local Government Innovation Fund (Fund 5KN0).	156895

(B) ABOLISHMENT OF FUNDS

156896

On July 1, 2013, or as soon as possible thereafter, upon	156897
completion of a transfer of the cash balance in a fund as	156898
described in division (A) of this section by the Director of	156899
Budget and Management, notwithstanding the establishment authority	156900
of the fund, the fund is hereby abolished.	156901

On July 1, 2013, or as soon as possible thereafter, the	156902
Director of Budget and Management shall transfer the cash balance	156903
in the Rapid Outreach Loan Fund (Fund 7022) to the Facilities	156904
Establishment Fund (Fund 7037). After completion of the transfer	156905
and on the effective date of its repeal by this act, Fund 7022	156906
shall be abolished.	156907

The following funds are determined to be dormant and shall be	156908
abolished on the effective date of their repeal by this act:	156909
Diesel Emissions Grant Fund (Fund 3BD0), Shovel Ready Sites Fund	156910
(Fund 5CA0), Energy Projects Fund (Fund 5DU0), Business	156911
Development and Assistance Fund (Fund 5LK0), Clean Ohio	156912
Revitalization Revolving Loan Fund (Fund 7007), and Logistics &	156913
Distribution Infrastructure Taxable Bond Fund (Fund 7048).	156914

156915

On July 1, 2013, or as soon as possible thereafter, the	156916
Director of Budget and Management may determine whether the	156917
following funds are dormant. If the Director of Budget and	156918
Management determines a fund to be dormant, notwithstanding the	156919
establishment authority of the fund, the fund is hereby abolished.	156920
The funds are:	156921

Fund Number	Fund Name	156922
1360	International Trade	156923
3800	Ohio Housing Agency	156924
3BJ0	TANF Heating Assistance	156925
3X30	TANF Housing	156926
4450	OHFA Administration	156927
4480	Ohio Coal Development	156928
4D00	Public & Private Assistance	156929
5CV0	Defense Conversion Assistance	156930
5D10	Port Authority Bond Reserves	156931
5D20	Urban Redevelopment Loan	156932
5F70	Local Government Y2K Loan Program	156933
5X50	Family Homelessness Prevention Pilot	156934
5Y60	Economic Development Contingency	156935
5Z30	Jobs	156936
QA70	Electric Revenue Development	156937

Section 259.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

156938

General Revenue Fund	156939

GRF	320412	Protective Services	$	1,918,196	$	1,918,196	156940
GRF	320415	Lease-Rental Payments	$	15,843,300	$	16,076,700	156941
GRF	322420	Screening and Early Intervention	$	300,000	$	300,000	156942
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	156943
GRF	322501	County Boards Subsidies	$	44,449,280	$	44,449,280	156944
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	156945
GRF	322507	County Board Case Management	$	2,500,000	$	2,500,000	156946
GRF	322508	Employment First Pilot Program	$	3,000,000	$	3,000,000	156947
GRF	653321	Medicaid Program Support - State	$	6,186,694	$	6,186,694	156948
GRF	653407	Medicaid Services	$	430,056,111	$	437,574,237	156949
TOTAL GRF General Revenue Fund			$	524,186,339	$	531,937,865	156950

General Services Fund Group	156951

1520	653609		DC and Residential Operating Services		$	3,414,317		$	3,414,317		156952
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		156953

Federal Special Revenue Fund Group	156954

3A50	320613	DD Council	$	3,297,656	$	3,324,187	156955
3250	322612	Community Social Service Programs	$	10,604,896	$	10,604,896	156956
3A40	653604	DC & ICF/IID Program Support	$	8,013,611	$	8,013,611	156957
3A40	653605	DC and Residential Services and Support	$	159,548,565		159,548,565	156958
3A40	653653	ICF/IID	$	354,712,840	$	353,895,717	156959
3G60	653639	Medicaid Waiver Services	$	932,073,249	$	1,025,921,683	156960
3G60	653640	Medicaid Waiver Program Support	$	36,934,303	$	36,170,872	156961
3M70	653650	CAFS Medicaid	$	3,000,000	$	3,000,000	156962
TOTAL FED Federal Special Revenue Fund Group			$	1,508,185,120	$	1,600,479,531	156963

State Special Revenue Fund Group	156964

5GE0	320606	Operating and Services	$	7,407,297	$	7,407,297	156965
2210	322620	Supplement Service Trust	$	150,000	$	150,000	156966
5DJ0	322625	Targeted Case Management Match	$	33,750,000	$	37,260,000	156967
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	156968
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	156969
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	156970
4890	653632	DC Direct Care Services	$	16,497,169	$	16,497,169	156971
5CT0	653607	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	156972
5DJ0	653626	Targeted Case Management Services	$	91,740,000	$	100,910,000	156973
5EV0	653627	Medicaid Program Support	$	685,000	$	685,000	156974
5GE0	653606	ICF/IID and Waiver Match	$	40,353,139	$	39,106,638	156975
5S20	653622	Medicaid Admin and Oversight	$	17,341,201	$	19,032,154	156976
5Z10	653624	County Board Waiver Match	$	284,740,000	$	336,480,000	156977
TOTAL SSR State Special Revenue Fund Group			$	494,618,806	$	559,483,258	156978
TOTAL ALL BUDGET FUND GROUPS			$	2,530,404,582	$	2,695,314,971	156979

Section 259.20. LEASE-RENTAL PAYMENTS

156981

The foregoing appropriation item 320415, Lease-Rental	156982
Payments, shall be used to meet all payments at the times they are	156983
required to be made during the period from July 1, 2013, through	156984
June 30, 2015, by the Department of Developmental Disabilities	156985
under leases and agreements made under section 154.20 of the	156986
Revised Code. These appropriations are the source of funds pledged	156987
for bond service charges on related obligations issued under	156988
Chapter 154. of the Revised Code.	156989

Section 259.30. SCREENING AND EARLY INTERVENTION

156990

The foregoing appropriation item 322420, Screening and Early	156991
Intervention, shall be used for screening and early intervention	156992
programs for children with autism selected by the Director of	156993
Developmental Disabilities.	156994

Section 259.40. FAMILY SUPPORT SERVICES SUBSIDY

156995

The foregoing appropriation item 322451, Family Support	156996
Services, may be used as follows in fiscal year 2014 and fiscal	156997
year 2015:	156998

(A) The appropriation item may be used to provide a subsidy	156999
to county boards of developmental disabilities for family support	157000
services provided under section 5126.11 of the Revised Code. The	157001
subsidy shall be paid in quarterly installments and allocated to	157002
county boards according to a formula the Director of Developmental	157003
Disabilities shall develop in consultation with representatives of	157004
county boards. A county board shall use not more than seven per	157005
cent of its subsidy for administrative costs.	157006

(B) The appropriation item may be used to distribute funds to	157007
county boards for the purpose of addressing economic hardships and	157008
to promote efficiency of operations. In consultation with	157009
representatives of county boards, the Director shall determine the	157010
amount of funds to distribute for these purposes and the criteria	157011
for distributing the funds.	157012

Section 259.50. STATE SUBSIDY TO COUNTY DD BOARDS

157013

(A) Except as provided in the section of this act titled	157014
"NONFEDERAL SHARE OF ICF/IID SERVICES," the foregoing	157015
appropriation item 322501, County Boards Subsidies, shall be used	157016
for the following purposes:	157017

(1) To provide a subsidy to county boards of developmental	157018
disabilities in quarterly installments and allocated according to	157019
a formula developed by the Director of Developmental Disabilities	157020
in consultation with representatives of county boards. Except as	157021
provided in section 5126.0511 of the Revised Code or in division	157022
(B) of this section, county boards shall use the subsidy for early	157023
childhood services and adult services provided under section	157024
5126.05 of the Revised Code, service and support administration	157025
provided under section 5126.15 of the Revised Code, or supported	157026
living as defined in section 5126.01 of the Revised Code.	157027

(2) To provide funding, as determined necessary by the	157028
Director, for residential services, including room and board, and	157029
support service programs that enable individuals with	157030
developmental disabilities to live in the community.	157031

(3) To distribute funds to county boards of developmental	157032
disabilities to address economic hardships and promote efficiency	157033
of operations. The Director shall determine, in consultation with	157034
representatives of county boards, the amount of funds to	157035
distribute for these purposes and the criteria for distributing	157036
the funds.	157037

(B) In collaboration with the county's family and children	157038
first council, a county board of developmental disabilities may	157039
transfer portions of funds received under this section, to a	157040
flexible funding pool in accordance with the section of this act	157041
titled "FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	157042

Section 259.60. COUNTY BOARD SHARE OF WAIVER SERVICES

157043

As used in this section, "home and community-based services"	157044
has the same meaning as in section 5123.01 of the Revised Code.	157045

The Director of Developmental Disabilities shall establish a	157046
methodology to be used in fiscal year 2014 and fiscal year 2015 to	157047
estimate the quarterly amount each county board of developmental	157048
disabilities is to pay of the nonfederal share of home and	157049
community-based services that section 5126.0510 of the Revised	157050
Code requires county boards to pay. Each quarter, the Director	157051
shall submit to a county board written notice of the amount the	157052
county board is to pay for that quarter. The notice shall specify	157053
when the payment is due.	157054

Section 259.70. TAX EQUITY

157055

Notwithstanding section 5126.18 of the Revised Code, the	157056
foregoing appropriation item 322503, Tax Equity, may be used to	157057
distribute funds to county boards of developmental disabilities to	157058
address economic hardships and promote efficiency of operations.	157059
The Director of Developmental Disabilities shall determine, in	157060
consultation with representatives of county boards, the amount of	157061
funds to distribute for these purposes and the criteria for	157062
distributing the funds.	157063

Section 259.80. MEDICAID SERVICES

157064

Except as provided in section 5123.0416 of the Revised Code,	157065
the purposes for which the foregoing appropriation item 653407,	157066
Medicaid Services, shall be used include the following:	157067

(A) Home and community-based services, as defined in section	157068
5123.01 of the Revised Code;	157069

(B) Implementation of the requirements of the agreement	157070
settling the consent decree in Sermak v. Manuel, Case No.	157071
C-2-80-220, United States District Court for the Southern District	157072
of Ohio, Eastern Division;	157073

(C) Implementation of the requirements of the agreement	157074
settling the consent decree in the Martin v. Strickland, Case No.	157075
89-CV-00362, United States District Court for the Southern	157076
District of Ohio, Eastern Division;	157077

(D) ICF/IID services, as defined in section 5124.01 of the	157078
Revised Code;	157079

(E) Other programs as identified by the Director of	157080
Developmental Disabilities.	157081

Section 259.90. EMPLOYMENT FIRST PILOT PROGRAM

157082

The foregoing appropriation item 322508, Employment First	157083
Pilot Program, shall be used to increase employment opportunities	157084
for individuals with developmental disabilities through the	157085
Employment First Initiative in accordance with section 5123.022 of	157086
the Revised Code.	157087

Of the foregoing appropriation item, 322508, Employment First	157088
Pilot Program, the Director of Developmental Disabilities shall	157089
transfer, in each fiscal year, to the Opportunities for Ohioans	157090
with Disabilities Agency an amount agreed upon by the Director of	157091
Developmental Disabilities and the Executive Director of the	157092
Opportunities for Ohioans with Disabilities Agency. The transfer	157093
shall be made via an intrastate transfer voucher. The transferred	157094
funds shall be used to support the Employment First Pilot Program.	157095
The Opportunities for Ohioans with Disabilities Agency shall use	157096
the funds transferred as state matching funds to obtain available	157097
federal grant dollars for vocational rehabilitation services. Any	157098
federal match dollars received by the Opportunities for Ohioans	157099
with Disabilities Agency shall be used for the pilot program. The	157100
Director of Developmental Disabilities and the Executive Director	157101
of the Opportunities for Ohioans with Disabilities Agency shall	157102
enter into an interagency agreement in accordance with section	157103
3304.181 of the Revised Code that will specify the	157104
responsibilities of each agency under the pilot program. Under the	157105
interagency agreement, the Opportunities for Ohioans with	157106
Disabilities Agency shall retain responsibility for eligibility	157107
determination, order of selection, plan approval, plan amendment,	157108
and release of vendor payments.	157109

The remainder of appropriation item 322508, Employment First	157110
Pilot Program, shall be used to develop a long term, sustainable	157111
system that places individuals with developmental disabilities in	157112
community employment, as defined in section 5123.022 of the	157113
Revised Code.	157114

Section 259.100. EMPLOYMENT FIRST TASKFORCE FUND

157115

If an employment first task force is established by the	157116
Director of Developmental Disabilities in accordance with section	157117
5123.023 of the Revised Code, the Director of Budget and	157118
Management shall establish an appropriation item from the	157119
Employment First Taskforce Fund for use by the Department of	157120
Developmental Disabilities to support the work of the task force.	157121
In fiscal year 2014 and fiscal year 2015, if an employment first	157122
task force is established, the Director of Developmental	157123
Disabilities shall certify to the Director of Budget and	157124
Management the appropriation amounts necessary for the Department	157125
of Developmental Disabilities to fulfill its obligation to support	157126
the work of the task force. Once the certification required under	157127
this section has been submitted and approved by the Director of	157128
Budget and Management, the appropriations established under this	157129
section are hereby appropriated in the amounts approved by the	157130
Director of Budget and Management.	157131

Section 259.110. TRANSFER TO OPERATING AND SERVICES FUND

157132

On July 1, 2013, or as soon as possible thereafter, the	157133
Director of Developmental Disabilities shall request the Director	157134
of Budget and Management to transfer the cash balance in the Home	157135
and Community-Based Services Fund (Fund 4K80) to the Operating and	157136
Services Fund (Fund 5GE0). Upon completion of the transfer, Fund	157137
4K80 is hereby abolished. The Director of Budget and Management	157138
shall cancel any existing encumbrances against appropriation item	157139
322604, Medicaid Waiver – State Match, and reestablish them	157140
against appropriation item 653606, ICF/IID and Waiver Match. The	157141
reestablished encumbrance amounts are hereby appropriated.	157142

Section 259.120. OPERATING AND SERVICES

157143

Of the foregoing appropriation item 320606, Operating and	157144
Services, $100,000 in each fiscal year shall be provided to the	157145
Ohio Center for Autism and Low Incidence to establish a lifespan	157146
autism hub to support families and professionals.	157147

Section 259.130. TARGETED CASE MANAGEMENT SERVICES

157148

County boards of developmental disabilities shall pay the	157149
nonfederal portion of targeted case management costs to the	157150
Department of Developmental Disabilities.	157151

The Director of Developmental Disabilities and the Medicaid	157152
Director may enter into an interagency agreement under which the	157153
Department of Developmental Disabilities shall transfer cash from	157154
the Targeted Case Management Fund (Fund 5DJ0) to the Health	157155
Care/Medicaid Support and Recoveries Fund (Fund 5DL0) used by the	157156
Department of Medicaid in an amount equal to the nonfederal	157157
portion of the cost of targeted case management services paid by	157158
county boards. Under the agreement, the Department of Medicaid	157159
shall pay the total cost of targeted case management claims. The	157160
transfer shall be made using an intrastate transfer voucher.	157161

Section 259.140. WITHHOLDING OF FUNDS OWED THE DEPARTMENT

157162

If a county board of developmental disabilities does not	157163
fully pay any amount owed to the Department of Developmental	157164
Disabilities by the due date established by the Department, the	157165
Director of Developmental Disabilities may withhold the amount the	157166
county board did not pay from any amounts due to the county board.	157167
The Director may use any appropriation item or fund used by the	157168
Department to transfer cash to any other fund used by the	157169
Department in an amount equal to the amount owed the Department	157170
that the county board did not pay. Transfers under this section	157171
shall be made using an intrastate transfer voucher.	157172

Section 259.150. DEVELOPMENTAL CENTER BILLING FOR SERVICES

157173

Developmental centers of the Department of Developmental	157174
Disabilities may provide services to persons with mental	157175
retardation or developmental disabilities living in the community	157176
or to providers of services to these persons. The Department may	157177
develop a method for recovery of all costs associated with the	157178
provision of these services.	157179

Section 259.160. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	157180
PHARMACY PROGRAMS	157181

The Director of Developmental Disabilities shall quarterly	157182
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the	157183
Health Care/Medicaid Support and Recoveries Fund (Fund 5DL0) used	157184
by the Department of Medicaid, in an amount equal to the	157185
nonfederal share of Medicaid prescription drug claim costs for all	157186
developmental centers paid by the Department of Medicaid. The	157187
quarterly transfer shall be made using an intrastate transfer	157188
voucher.	157189

Section 259.170. NONFEDERAL MATCH FOR ACTIVE TREATMENT	157190
SERVICES	157191

Any county funds received by the Department of Developmental	157192
Disabilities from county boards of developmental disabilities for	157193
active treatment shall be deposited in the Developmental	157194
Disabilities Operating Fund (Fund 4890).	157195

Section 259.180. ODODD INNOVATIVE PILOT PROJECTS

157196

(A) In fiscal year 2014 and fiscal year 2015, the Director of	157197
Developmental Disabilities may authorize the continuation or	157198
implementation of one or more innovative pilot projects that, in	157199
the judgment of the Director, are likely to assist in promoting	157200
the objectives of Chapter 5123. or 5126. of the Revised Code.	157201
Subject to division (B) of this section and notwithstanding any	157202
provision of Chapters 5123. and 5126. of the Revised Code and any	157203
rule adopted under either chapter, a pilot project authorized by	157204
the Director may be continued or implemented in a manner	157205
inconsistent with one or more provisions of either chapter or one	157206
or more rules adopted under either chapter. Before authorizing a	157207
pilot program, the Director shall consult with entities interested	157208
in the issue of developmental disabilities, including the Ohio	157209
Provider Resource Association, Ohio Association of County Boards	157210
of Developmental Disabilities, Ohio Health Care Association/Ohio	157211
Centers for Intellectual Disabilities, the Values and Faith	157212
Alliance, and ARC of Ohio.	157213

(B) The Director may not authorize a pilot project to be	157214
implemented in a manner that would cause the state to be out of	157215
compliance with any requirements for a program funded in whole or	157216
in part with federal funds.	157217

Section 259.190. DEPARTMENT OF DEVELOPMENTAL DISABILITIES'	157218
APPROPRIATION ITEM STRUCTURE	157219

Upon request from the Director of Developmental Disabilities,	157220
the Director of Budget and Management may establish new funds, new	157221
appropriation items, and appropriations in order to support the	157222
transition to a new appropriation item structure in the Department	157223
of Developmental Disabilities' budget. Also, upon request of the	157224
Director of Developmental Disabilities, the Director of Budget and	157225
Management may transfer appropriations between GRF appropriation	157226
items, transfer cash between any funds used by the Department of	157227
Developmental Disabilities, abolish existing funds used by the	157228
Department of Developmental Disabilities, and cancel and	157229
reestablish encumbrances. Any establishment of new funds or	157230
appropriation items, any transfers of appropriations or cash, and	157231
any increases in appropriation under this section are subject to	157232
Controlling Board approval.	157233

Section 259.200. FISCAL YEAR 2014 MEDICAID PAYMENT RATES FOR	157234
ICFs/IID	157235

(A) As used in this section:

157236

"Change of operator," "entering operator," "exiting	157237
operator," "ICF/IID," "ICF/IID services," "Medicaid days," "new	157238
ICF/IID," "provider," and "provider agreement" have the same	157239
meanings as in section 5124.01 of the Revised Code.	157240

"Franchise permit fee" means the fee imposed by sections	157241
5168.60 to 5168.71 of the Revised Code.	157242

"Modified per diem rate" means the total per Medicaid day	157243
payment rate calculated for an ICF/IID under division (C) of this	157244
section.	157245

"Unmodified per diem rate" means the total per Medicaid day	157246
payment rate calculated for an ICF/IID under Chapter 5124. of the	157247
Revised Code. In the case of a new ICF/IID, "unmodified per diem	157248
rate" means the initial total per Medicaid day payment rate	157249
calculated for the new ICF/IID under section 5124.151 of the	157250
Revised Code.	157251

(B) This section applies to each ICF/IID provider to which	157252
any of the following applies:	157253

(1) The provider has a valid Medicaid provider agreement for	157254
the ICF/IID on June 30, 2013, and a valid Medicaid provider	157255
agreement for the ICF/IID during fiscal year 2014.	157256

(2) The ICF/IID undergoes a change of operator that takes	157257
effect during fiscal year 2014, the exiting operator has a valid	157258
Medicaid provider agreement for the ICF/IID on the day immediately	157259
preceding the effective date of the change of operator, and the	157260
entering operator has a valid Medicaid provider agreement for the	157261
ICF/IID during fiscal year 2014.	157262

(3) The ICF/IID is a new ICF/IID for which the provider	157263
obtains an initial provider agreement during fiscal year 2014.	157264

(C)(1) Except as otherwise provided in this section, an	157265
ICF/IID provider to which this section applies shall be paid, for	157266
ICF/IID services the ICF/IID provides during fiscal year 2014, the	157267
total modified per diem rate determined for the ICF/IID under this	157268
division.	157269

(2) Except in the case of a new ICF/IID, an ICF/IID's total	157270
modified per diem rate for fiscal year 2014 shall be the ICF/IID's	157271
total unmodified per diem rate for that fiscal year with the	157272
following modifications:	157273

(a) In place of the inflation adjustment otherwise made under	157274
section 5124.23 of the Revised Code, the ICF/IID's desk-reviewed,	157275
actual, allowable, per diem other protected costs, excluding the	157276
franchise permit fee, from calendar year 2012 shall be multiplied	157277
by 1.014.	157278

(b) In place of the maximum cost per case-mix unit	157279
established for the ICF/IID's peer group under division (C) of	157280
section 5124.19 of the Revised Code, the ICF/IID's maximum costs	157281
per case-mix unit shall be the following:	157282

(i) In the case of an ICF/IID with more than eight beds,	157283
$123.05;	157284

(ii) In the case of an ICF/IID with eight or fewer beds,	157285
$117.22.	157286

(c) In place of the inflation adjustment otherwise calculated	157287
under division (D) of section 5124.19 of the Revised Code for the	157288
purpose of division (A)(1)(b) of that section, an inflation	157289
adjustment of 1.014 shall be used.	157290

(d) In place of the maximum rate for indirect care costs	157291
established for the ICF/IID's peer group under division (C) of	157292
section 5124.21 of the Revised Code, the maximum rate for indirect	157293
care costs for the ICF/IID's peer group shall be the following:	157294

(i) In the case of an ICF/IID with more than eight beds,	157295
$68.98;	157296

(ii) In the case of an ICF/IID with eight or fewer beds,	157297
$59.60.	157298

(e) In place of the inflation adjustment otherwise calculated	157299
under division (D)(1) of section 5124.21 of the Revised Code for	157300
the purpose of division (B)(1) of that section only, an inflation	157301
adjustment of 1.014 shall be used.	157302

(f) In place of the efficiency incentive otherwise calculated	157303
under division (B)(2) or (3) of section 5124.21 of the Revised	157304
Code, the ICF/IID's efficiency incentive for indirect care costs	157305
shall be the following:	157306

(i) In the case of an ICF/IID with more than eight beds,	157307
$3.69;	157308

(ii) In the case of an ICF/IID with eight or fewer beds,	157309
$3.19.	157310

(g) The ICF/IID's efficiency incentive for capital costs, as	157311
determined under division (E) of section 5124.17 of the Revised	157312
Code, shall be reduced by 50%.	157313

(3) In the case of a new ICF/IID, the ICF/IID's initial total	157314
modified per diem rate for fiscal year 2014 shall be the ICF/IID's	157315
total unmodified per diem rate for that fiscal year with the	157316
following modifications:	157317

(a) In place of the amount determined under division	157318
(A)(2)(a) of section 5124.151 of the Revised Code, if there are no	157319
cost or resident assessment data for the new ICF/IID, the new	157320
ICF/IID's initial per Medicaid day rate for direct care costs	157321
shall be determined as follows:	157322

(i) Using the costs per case-mix units determined for	157323
ICFs/IID under division (C)(3)(b) of Section 11 of Sub. H.B. 303	157324
of the 129th General Assembly, as amended by this act, determine	157325
the median of the costs per case-mix units of each peer group;	157326

(ii) Multiply the median determined under division	157327
(C)(3)(a)(i) of this section by the median of the averages	157328
determined under division (C)(3)(a) of Section 11 of Sub. H.B. 303	157329
of the 129th General Assembly, as amended by this act, for the	157330
ICFs/IID in the new ICF/IID's peer group;	157331

(iii) Multiply the product determined under division	157332
(C)(3)(a)(ii) of this section by 1.014.	157333

(b) In place of the amount determined under division (A)(3)	157334
of section 5124.151 of the Revised Code, the new ICF/IID's initial	157335
per Medicaid day rate for indirect care costs shall be the	157336
following:	157337

(i) If the new ICF/IID has more then eight beds, $68.98;

157338

(ii) If the new ICF/IID has eight or fewer beds, $59.60.

157339

(c) In place of the amount determined under division (A)(4)	157340
of section 5124.151 of the Revised Code, the new ICF/IID's initial	157341
per Medicaid day rate for other protected costs shall be one	157342
hundred fifteen per cent of the median rate for ICFs/IID	157343
determined under section 5124.23 of the Revised Code with the	157344
modification made under division (C)(2)(a) of this section.	157345

(4) A new ICF/IID's initial total modified per diem rate for	157346
fiscal year 2014 as determined under division (C)(3) of this	157347
section shall be adjusted at the applicable time specified in	157348
division (B) of section 5124.151 of the Revised Code. If the	157349
adjustment affects the ICF/IID's rate for ICF/IID services	157350
provided during fiscal year 2014, the modifications specified in	157351
division (C)(2) of this section apply to the adjustment.	157352

(D) If the mean total per diem rate for all ICFs/IID to which	157353
this section applies, weighted by May 2013 Medicaid days and	157354
determined under division (C) of this section as of July 1, 2013,	157355
is other than $282.84, the Department of Developmental	157356
Disabilities shall adjust, for fiscal year 2014, the total per	157357
diem rate for each ICF/IID to which this section applies by a	157358
percentage that is equal to the percentage by which the mean total	157359
per diem rate is greater or less than $282.84.	157360

(E) If the United States Centers for Medicare and Medicaid	157361
Services requires that the franchise permit fee be reduced or	157362
eliminated, the Department of Developmental Disabilities shall	157363
reduce the amount it pays ICF/IID providers under this section as	157364
necessary to reflect the loss to the state of the revenue and	157365
federal financial participation generated from the franchise	157366
permit fee.	157367

(F) The Department of Developmental Disabilities shall follow	157368
this section in determining the rate to be paid ICF/IID providers	157369
subject to this section notwithstanding anything to the contrary	157370
in Chapter 5124. of the Revised Code.	157371

(G) Of the foregoing appropriation items 653407, Medicaid	157372
Services, 653606, ICF/IID and Waiver Match, and 653653, ICF/IID,	157373
portions shall be used to pay the Medicaid payment rates	157374
determined in accordance with this section for ICF/IID services	157375
provided during fiscal year 2014.	157376

Section 259.210. FISCAL YEAR 2015 MEDICAID PAYMENT RATES FOR	157377
ICFs/IID	157378

(A) As used in this section:

157379

"Change of operator," "entering operator," "exiting	157380
operator," "ICF/IID," "ICF/IID services," "Medicaid days,"	157381
"provider," and "provider agreement" have the same meanings as in	157382
section 5124.01 of the Revised Code.	157383

"Franchise permit fee" means the fee imposed by sections	157384
5168.60 to 5168.71 of the Revised Code.	157385

"Modified per diem rate" means the total per Medicaid day	157386
payment rate calculated for an ICF/IID under division (C) of this	157387
section.	157388

"Unmodified per diem rate" means the total per Medicaid day	157389
payment rate calculated for an ICF/IID under Chapter 5124. of the	157390
Revised Code. In the case of a new ICF/IID, "unmodified per diem	157391
rate" means the initial total per Medicaid day payment rate	157392
calculated for the new ICF/IID under section 5124.151 of the	157393
Revised Code.	157394

(B) This section applies to each ICF/IID provider to which	157395
any of the following applies:	157396

(1) The provider has a valid Medicaid provider agreement for	157397
the ICF/IID on June 30, 2014, and a valid Medicaid provider	157398
agreement for the ICF/IID during fiscal year 2015.	157399

(2) The ICF/IID undergoes a change of operator that takes	157400
effect during fiscal year 2015, the exiting operator has a valid	157401
Medicaid provider agreement for the ICF/IID on the day immediately	157402
preceding the effective date of the change of operator, and the	157403
entering operator has a valid Medicaid provider agreement for the	157404
ICF/IID during fiscal year 2015.	157405

(3) The ICF/IID is a new ICF/IID for which the provider	157406
obtains an initial provider agreement during fiscal year 2015.	157407

(C)(1) Except as otherwise provided in this section, an	157408
ICF/IID provider to which this section applies shall be paid, for	157409
ICF/IID services the ICF/IID provides during fiscal year 2015, the	157410
total modified per diem rate determined for the ICF/IID under this	157411
division.	157412

(2) Except in the case of a new ICF/IID, an ICF/IID's total	157413
modified per diem rate for fiscal year 2015 shall be the ICF/IID's	157414
total unmodified per diem rate for that fiscal year with the	157415
following modifications:	157416

(a) In place of the inflation adjustment otherwise made under	157417
section 5124.23 of the Revised Code, the ICF/IID's desk-reviewed,	157418
actual, allowable, per diem other protected costs, excluding the	157419
franchise permit fee, from calendar year 2013 shall be multiplied	157420
by 1.014.	157421

(b) In place of the maximum cost per case-mix unit	157422
established for the ICF/IID's peer group under division (C) of	157423
section 5124.19 of the Revised Code, the ICF/IID's maximum costs	157424
per case-mix unit shall be the following:	157425

(i) In the case of an ICF/IID with more than eight beds,	157426
$114.37 or the different amount, if any, specified in a future	157427
amendment to this section made under division (D)(3) of this	157428
section;	157429

(ii) In the case of an ICF/IID with eight or fewer beds,	157430
$109.09 or the different amount, if any, specified in a future	157431
amendment to this section made under division (D)(3) of this	157432
section.	157433

(c) In place of the inflation adjustment otherwise calculated	157434
under division (D) of section 5124.19 of the Revised Code for the	157435
purpose of division (A)(1)(b) of that section, an inflation	157436
adjustment of 1.014 shall be used.	157437

(d) In the place of the grouper methodology prescribed, as of	157438
the day immediately before the effective date of this section, in	157439
rules authorized by section 5124.192 of the Revised Code, the new	157440
grouper methodology prescribed in rules authorized by division	157441
(D)(2)(a) of this section shall be used.	157442

(e) In place of the maximum rate for indirect care costs	157443
established for the ICF/IID's peer group under division (C) of	157444
section 5124.21 of the Revised Code, the maximum rate for indirect	157445
care costs for the ICF/IID's peer group shall be the following:	157446

(i) In the case of an ICF/IID with more than eight beds,	157447
$68.98;	157448

(ii) In the case of an ICF/IID with eight or fewer beds,	157449
$59.60.	157450

(f) In place of the inflation adjustment otherwise calculated	157451
under divisions (D)(1) and (2) of section 5124.21 of the Revised	157452
Code for the purpose of division (B)(1) of that section only, an	157453
inflation adjustment of 1.014 shall be used.	157454

(g) In place of the efficiency incentive otherwise calculated	157455
under division (B)(2) or (3) of section 5124.21 of the Revised	157456
Code, the ICF/IID's efficiency incentive for indirect care costs	157457
shall be the following:	157458

(i) In the case of an ICF/IID with more than eight beds,	157459
$3.69;	157460

(ii) In the case of an ICF/IID with eight or fewer beds,	157461
$3.19.	157462

(h) The ICF/IID's efficiency incentive for capital costs, as	157463
determined under division (E) of section 5124.17 of the Revised	157464
Code, shall be reduced by 50%.	157465

(3) In the case of a new ICF/IID, the ICF/IID's initial total	157466
modified per diem rate for fiscal year 2015 shall be the ICF/IID's	157467
total unmodified per diem rate for that fiscal year with the	157468
following modifications:	157469

(a) In place of the amount determined under division	157470
(A)(2)(a) of section 5124.151 of the Revised Code, if there are no	157471
cost or resident assessment data for the new ICF/IID, the new	157472
ICF/IID's initial per Medicaid day rate for direct care costs	157473
shall be determined as follows:	157474

(i) Using the costs per case-mix units determined for	157475
ICFs/IID under division (C)(3)(b) of Section 11 of Sub. H.B. 303	157476
of the 129th General Assembly, as amended by this act, determine	157477
the median of the costs per case-mix units of each peer group;	157478

(ii) Multiply the median determined under division	157479
(C)(3)(a)(i) of this section by the median annual average case-mix	157480
score for the new ICF/IID's peer group for calendar year 2013;	157481

(iii) Multiply the product determined under division	157482
(C)(3)(a)(ii) of this section by 1.014.	157483

(b) In place of the amount determined under division (A)(3)	157484
of section 5124.151 of the Revised Code, the new ICF/IID's initial	157485
per Medicaid day rate for indirect care costs shall be the	157486
following:	157487

(i) If the new ICF/IID has more then eight beds, $68.98;

157488

(ii) If the new ICF/IID has eight or fewer beds, $59.60.

157489

(c) In place of the amount determined under division (A)(4)	157490
of section 5124.151 of the Revised Code, the new ICF/IID's initial	157491
per Medicaid day rate for other protected costs shall be one	157492
hundred fifteen per cent of the median rate for ICFs/IID	157493
determined under section 5124.23 of the Revised Code with the	157494
modification made under division (C)(2)(a) of this section.	157495

(4) A new ICF/IID's initial total modified per diem rate for	157496
fiscal year 2015 as determined under division (C)(3) of this	157497
section shall be adjusted at the applicable time specified in	157498
division (B) of section 5124.151 of the Revised Code. If the	157499
adjustment affects the ICF/IID's rate for ICF/IID services	157500
provided during fiscal year 2015, the modifications specified in	157501
division (C)(2) of this section apply to the adjustment.	157502

(D)(1) In consultation with the Ohio Provider Resource	157503
Association, Values and Faith Alliance, Ohio Association of County	157504
Boards of Developmental Disabilities, and Ohio Health Care	157505
Association/Ohio Centers for Intellectual Disabilities, the	157506
Director of Developmental Disabilities shall study all of the	157507
following:	157508

(a) Establishing a new grouper methodology to be used when	157509
determining ICFs/IID's case-mix scores for fiscal year 2015;	157510

(b) Whether the amounts specified in division (C)(2)(b)(i)	157511
and (ii) of this section are set at levels that will avoid or	157512
minimize rate reductions under division (E) of this section;	157513

(c) For the purposes of sections 5124.153 and 5124.154 of the	157514
Revised Code, specifying additional diagnoses and special care	157515
needs that individuals must have to meet the criteria for	157516
admission to designated outlier ICFs/IID or units;	157517

(d) Sources of funding for, or mechanisms to ensure the	157518
budget neutrality of, the additional diagnoses and special care	157519
needs studied under division (D)(1)(c) of this section.	157520

(2) Not later than March 31, 2014, the Director shall adopt	157521
rules under section 5124.03 of the Revised Code to do both of the	157522
following:	157523

(a) Prescribe the following:

157524

(i) If the Director and the organizations with which the	157525
Director consults under division (D)(1) of this section agree, not	157526
later than December 31, 2013, to the terms of a new grouper	157527
methodology to be used when determining ICFs/IID's case-mix scores	157528
for fiscal year 2015, a new methodology that is consistent with	157529
those terms;	157530

(ii) If division (D)(2)(a)(i) of this section does not apply,	157531
a new grouper methodology that provides for six classes based on	157532
data available to the Director on the day immediately before the	157533
effective date of this section.	157534

(b) Specify additional diagnoses and special care needs that	157535
individuals must have to meet the criteria for admission to	157536
designated outlier ICFs/IID or units for the purposes of Medicaid	157537
payment rates under sections 5124.153 and 5124.154 of the Revised	157538
Code.	157539

(3) If the Director and the organizations with which the	157540
Director consults under divisions (D)(1) of this section agree	157541
that the amounts specified in divisions (C)(2)(b)(i) and (ii) of	157542
this section are not set at levels that will avoid or minimize	157543
rate reductions under division (E) of this section, the Director	157544
and organizations shall recommend, not later than March 31, 2014,	157545
that the General Assembly amend this section to revise the	157546
amounts. It is the General Assembly's intent to amend this section	157547
to revise the amounts specified in divisions (C)(2)(b)(i) and (ii)	157548
of this section if the Director and organizations recommend that	157549
the amounts be revised.	157550

(E) If the mean total per diem rate for all ICFs/IID to which	157551
this section applies, weighted by May 2014 Medicaid days and	157552
determined under division (C) of this section as of July 1, 2014,	157553
is other than $282.77, the Department of Developmental	157554
Disabilities shall adjust, for fiscal year 2015, the total per	157555
diem rate for each ICF/IID to which this section applies by a	157556
percentage that is equal to the percentage by which the mean total	157557
per diem rate is greater or less than $282.77.	157558

(F) If the United States Centers for Medicare and Medicaid	157559
Services requires that the franchise permit fee be reduced or	157560
eliminated, the Department of Developmental Disabilities shall	157561
reduce the amount it pays ICF/IID providers under this section as	157562
necessary to reflect the loss to the state of the revenue and	157563
federal financial participation generated from the franchise	157564
permit fee.	157565

(G) The Department of Developmental Disabilities shall follow	157566
this section in determining the rate to be paid ICF/IID providers	157567
subject to this section notwithstanding anything to the contrary	157568
in Chapter 5124. of the Revised Code.	157569

(H) Of the foregoing appropriation items 653407, Medicaid	157570
Services, 653606, ICF/IID and Waiver Match, and 653653, ICF/IID,	157571
portions shall be used to pay the Medicaid payment rates	157572
determined in accordance with this section for ICF/IID services	157573
provided during fiscal year 2015.	157574

Section 259.220. TRANSFER OF FUNDS FOR OUTLIER SERVICES	157575
PROVIDED TO PEDIATRIC VENTILATOR-DEPENDENT ICF/IID RESIDENTS	157576

As used in this section, "ICF/IID" and "ICF/IID services"	157577
have the same meanings as in section 5124.01 of the Revised Code.	157578

Each quarter during fiscal year 2014 and fiscal year 2015,	157579
the Director of Developmental Disabilities shall certify to the	157580
Director of Budget and Management the amount needed to pay the	157581
nonfederal share of the costs of the Medicaid rate add-on paid to	157582
ICFs/IID pursuant to section 5124.25 of the Revised Code for	157583
providing outlier ICF/IID services to residents who qualify for	157584
the services and are transferred to ICFs/IID from hospitals at	157585
which they receive ventilator services at the time of their	157586
transfer to the ICFs/IID.	157587

On receipt of a certification, the Director of Budget and	157588
Management shall transfer appropriations equaling the certified	157589
amount from appropriation item 651525, Medicaid/Health Care	157590
Services, to appropriation item 653407, Medicaid Services, and, in	157591
addition, shall reduce the appropriation in 651525,	157592
Medicaid/Health Care Services, by the corresponding federal share.	157593

If receipts credited to the Developmental Center and	157594
Residential Facility Services and Support Fund (Fund 3A40), used	157595
by the Department of Developmental Disabilities, exceed the	157596
amounts appropriated in appropriation item 653653, ICF/IID, the	157597
Director of Developmental Disabilities may request the Director of	157598
Budget and Management to authorize expenditures from the fund in	157599
excess of the amounts appropriated. Upon approval of the Director	157600
of Budget and Management, the additional amounts are hereby	157601
appropriated.	157602

Section 259.230. ICF/IID MEDICAID RATE WORKGROUP

157603

As used in this section, "ICF/IID," "ICF/IID services," and	157604
"Medicaid-certified capacity" have the same meanings as in section	157605
5124.01 of the Revised Code.	157606

For the purpose of assisting the Department of Developmental	157607
Disabilities during fiscal year 2014 and fiscal year 2015 with an	157608
evaluation of revisions to the formula used to determine Medicaid	157609
payment rates for ICF/IID services, the Department shall retain	157610
the workgroup that was created to assist with the study required	157611
by Section 309.30.80 of Am. Sub. H.B. 153 of the 129th General	157612
Assembly. In conducting the evaluation, the Department and	157613
workgroup shall do all of the following:	157614

(A) Focus primarily on the service needs of individuals with	157615
complex challenges that ICFs/IID are able to meet;	157616

(B) Pursue the goal of reducing the Medicaid-certified	157617
capacity of individual ICFs/IID and the total number of ICF/IID	157618
beds in the state for the purpose of increasing the service	157619
choices and community integration of individuals eligible for	157620
ICF/IID services;	157621

(C) Consider the impact that exception reviews conducted	157622
under section 5124.193 of the Revised Code have on ICFs/IID's	157623
case-mix scores.	157624

Section 259.240. NONFEDERAL SHARE OF ICF/IID SERVICES

157625

(A) As used in this section, "ICF/IID," "ICF/IID services,"	157626
and "Medicaid-certified capacity" have the same meanings as in	157627
section 5124.01 of the Revised Code.	157628

(B) The Director of Developmental Disabilities shall pay the	157629
nonfederal share of a claim for ICF/IID services using funds	157630
specified in division (C) of this section if all of the following	157631
apply:	157632

(1) Medicaid covers the ICF/IID services.

157633

(2) The ICF/IID services are provided to a Medicaid recipient	157634
to whom both of the following apply:	157635

(a) The Medicaid recipient is eligible for the ICF/IID	157636
services;	157637

(b) The Medicaid recipient does not occupy a bed in the	157638
ICF/IID that used to be included in the Medicaid-certified	157639
capacity of another ICF/IID certified by the Director of Health	157640
before June 1, 2003.	157641

(3) The ICF/IID services are provided by an ICF/IID whose	157642
Medicaid certification by the Director of Health was initiated or	157643
supported by a county board of developmental disabilities.	157644

(4) The provider of the ICF/IID services has a valid Medicaid	157645
provider agreement for the services for the time that the services	157646
are provided.	157647

(C) When required by division (B) of this section to pay the	157648
nonfederal share of a claim, the Director of Developmental	157649
Disabilities shall use the following funds to pay the claim:	157650

(1) Funds available from appropriation item 322501, County	157651
Boards Subsidies, that the Director allocates to the county board	157652
that initiated or supported the Medicaid certification of the	157653
ICF/IID that provided the ICF/IID services for which the claim is	157654
made;	157655

(2) If the amount of funds used pursuant to division (C)(1)	157656
of this section is insufficient to pay the claim in full, an	157657
amount of funds that are needed to make up the difference and	157658
available from amounts the Director allocates to other county	157659
boards from appropriation item 322501, County Boards Subsidies.	157660

Section 259.250. FY 2014 AND FY 2015 RATES FOR CERTAIN	157661
HOMEMAKER/PERSONAL CARE SERVICES UNDER IO WAIVER	157662

(A) As used in this section:

157663

"Converted facility" means an ICF/IID, or former ICF/IID,	157664
that converted some or all of its beds to providing home and	157665
community-based services under the IO Waiver pursuant to section	157666
5124.60 of the Revised Code.	157667

"Developmental center" and "ICF/IID" have the same meanings	157668
as in section 5124.01 of the Revised Code.	157669

"H.B. 153 increased Medicaid payment rate" means the total	157670
Medicaid payment rate for each fifteen minutes of routine	157671
homemaker/personal care services that was set by Section 263.20.70	157672
of Am. Sub. H.B. 153 of the 129th General Assembly, as amended by	157673
Am. Sub. H.B. 487 of the 129th General Assembly.	157674

"IO Waiver" means the Medicaid waiver component, as defined	157675
in section 5166.01 of the Revised Code, known as Individual	157676
Options.	157677

"Public hospital" has the same meaning as in section 5122.01	157678
of the Revised Code.	157679

"Regular Medicaid payment rate" means the total Medicaid	157680
payment rate for each fifteen minutes of routine	157681
homemaker/personal care services that are available under the IO	157682
Waiver and to which this section does not apply.	157683

(B) This section applies to routine homemaker/personal care	157684
services to which both of the following apply:	157685

(1) The services are provided to an IO Waiver enrollee to	157686
whom all of the following apply:	157687

(a) The enrollee began to receive the services from the	157688
provider on or after July 1, 2011.	157689

(b) The enrollee resided in a developmental center, converted	157690
facility, or public hospital immediately before enrolling in the	157691
IO Wavier.	157692

(c) The Director of Developmental Disabilities has determined	157693
that the enrollee's special circumstances (including the	157694
enrollee's diagnosis, service needs, or length of stay at the	157695
developmental center, converted facility, or public hospital)	157696
warrants paying the Medicaid payment rate authorized by this	157697
section.	157698

(2) The provider of the services has a valid Medicaid	157699
provider agreement for the services for the period during which	157700
the enrollee receives the services from the provider.	157701

(C) The total Medicaid payment rate for each fifteen minutes	157702
of routine homemaker/personal care services to which this section	157703
applies and that are provided during the period beginning July 1,	157704
2013, and ending June 30, 2015, shall be the greater of the	157705
following:	157706

(1) The H.B. 153 increased Medicaid payment rate;

157707

(2) The regular Medicaid payment rate in effect at the time	157708
the services are provided.	157709

(D) Of the foregoing appropriation items 653407, Medicaid	157710
Services, and 653639, Medicaid Waiver Services, portions shall be	157711
used to pay the Medicaid payment rates determined in accordance	157712
with this section for certain homemaker/personal care services	157713
under the IO Waiver.	157714

Section 259.260. UPDATING AUTHORIZING STATUTE CITATIONS

157715

As used in this section, "authorizing statute" means a	157716
Revised Code section or provision of a Revised Code section that	157717
is cited in the Ohio Administrative Code as the statute that	157718
authorizes the adoption of a rule.	157719

The Director of Developmental Disabilities is not required to	157720
amend any rule for the sole purpose of updating the citation in	157721
the Ohio Administrative Code to the rule's authorizing statute to	157722
reflect that this act renumbers the authorizing statute or	157723
relocates it to another Revised Code section. Such citations shall	157724
be updated as the Director amends the rules for other purposes.	157725

Section 259.270. REASON FOR THE REPEAL OF R.C. 5111.236

157726

This act repeals section 5111.236 of the Revised Code to	157727
carry out the intent of the Governor as indicated in the veto	157728
message regarding Am. Sub. H.B. 1 of the 128th General Assembly	157729
transmitted to the Clerk of the House of Representatives on July	157730
17, 2009. The actual veto removed the section from the title and	157731
enacting clause of H.B. 1 and an earmark related to the section.	157732
However, the actual veto inadvertently showed only division (C) of	157733
the section, rather than the entire section, as being vetoed.	157734

Section 261.10. OBD OHIO BOARD OF DIETETICS

157735

General Services Fund Group	157736

4K90	860609	Operating Expenses	$	330,592	$	342,592	157737
TOTAL GSF General Services Fund							157738
Group			$	330,592	$	342,592	157739
TOTAL ALL BUDGET FUND GROUPS			$	330,592	$	342,592	157740

Section 263.10. EDU DEPARTMENT OF EDUCATION

157742

General Revenue Fund	157743

GRF	200321	Operating Expenses	$	13,142,780	$	13,142,780	157744
GRF	200408	Early Childhood Education	$	33,318,341	$	45,318,341	157745
GRF	200420	Information Technology Development and Support	$	4,241,296	$	4,241,296	157746
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	157747
GRF	200422	School Management Assistance	$	3,000,000	$	3,000,000	157748
GRF	200424	Policy Analysis	$	328,558	$	328,558	157749
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	157750
GRF	200426	Ohio Educational Computer Network	$	29,625,569	$	19,625,569	157751
GRF	200427	Academic Standards	$	3,800,000	$	3,800,000	157752
GRF	200437	Student Assessment	$	55,895,000	$	75,895,000	157753
GRF	200439	Accountability/Report Cards	$	3,500,000	$	3,750,000	157754
GRF	200442	Child Care Licensing	$	827,140	$	827,140	157755
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	157756
GRF	200447	GED Testing	$	879,551	$	879,551	157757
GRF	200448	Educator Preparation	$	1,136,737	$	1,564,237	157758
GRF	200455	Community Schools and Choice Programs	$	2,438,685	$	2,491,395	157759
GRF	200464	General Technology Operations	$	192,097	$	192,097	157760
GRF	200465	Technology Integration and Professional Development	$	1,778,879	$	1,778,879	157761
GRF	200502	Pupil Transportation	$	505,013,527	$	521,013,527	157762
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	157763
GRF	200511	Auxiliary Services	$	130,499,457	$	138,214,374	157764
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	58,951,750	$	62,436,882	157765
GRF	200540	Special Education Enhancements	$	156,871,292	$	157,871,292	157766
GRF	200545	Career-Technical Education Enhancements	$	9,372,999	$	9,372,999	157767
GRF	200550	Foundation Funding	$	5,808,098,389	$	6,151,463,768	157768
GRF	200566	Literacy Improvement	$	150,000	$	150,000	157769
GRF	200901	Property Tax Allocation - Education	$	1,138,800,000	$	1,156,402,000	157770
TOTAL GRF General Revenue Fund			$	7,985,459,657	$	8,397,357,295	157771

General Services Fund Group	157772

1380	200606	Information Technology Development and Support	$	6,850,090	$	6,850,090	157773
4520	200638	Fees and Refunds	$	500,000	$	500,000	157774
4L20	200681	Teacher Certification and Licensure	$	8,313,762	$	13,658,274	157775
5960	200656	Ohio Career Information System	$	529,761	$	529,761	157776
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	157777
5KX0	200691	Ohio School Sponsorship Program	$	487,419	$	487,419	157778
5KY0	200693	Community Schools Temporary Sponsorship	$	83,000	$	83,000	157779
TOTAL GSF General Services							157780
Fund Group			$	41,764,032	$	47,108,544	157781

Federal Special Revenue Fund Group	157782

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	157783
3670	200607	School Food Services	$	8,200,664	$	8,700,149	157784
3700	200624	Education of Exceptional Children	$	1,530,000	$	1,530,000	157785
3AF0	200603	Schools Medicaid Administrative Claims	$	750,000	$	750,000	157786
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	157787
3BK0	200628	Longitudinal Data Systems	$	1,250,000	$	0	157788
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	157789
3CG0	200646	Teacher Incentive	$	15,125,588	$	15,183,285	157790
3D20	200667	Math Science Partnerships	$	6,000,000	$	6,000,000	157791
3EC0	200653	Teacher Incentive - Federal Stimulus	$	1,300,000	$	0	157792
3EH0	200620	Migrant Education	$	2,900,000	$	2,900,000	157793
3EJ0	200622	Homeless Children Education	$	2,600,000	$	2,600,000	157794
3EK0	200637	Advanced Placement	$	450,000	$	450,000	157795
3EN0	200655	State Data Systems - Federal Stimulus	$	1,250,000	$	0	157796
3FD0	200665	Race to the Top	$	136,000,000	$	58,074,046	157797
3FN0	200672	Early Learning Challenge - Race to the Top	$	7,040,000	$	7,040,000	157798
3GE0	200674	Summer Food Service Program	$	13,596,000	$	14,003,800	157799
3GF0	200675	Miscellaneous Nutrition Grants	$	700,000	$	700,000	157800
3GG0	200676	Fresh Fruit and Vegetable Program	$	4,738,000	$	4,880,140	157801
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	157802
3L60	200617	Federal School Lunch	$	350,608,075	$	361,126,273	157803
3L70	200618	Federal School Breakfast	$	108,480,590	$	112,819,813	157804
3L80	200619	Child/Adult Food Programs	$	106,992,650	$	110,202,428	157805
3L90	200621	Career-Technical Education Basic Grant	$	44,663,900	$	44,663,900	157806
3M00	200623	ESEA Title 1A	$	560,000,000	$	560,000,000	157807
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	157808
3T40	200613	Public Charter Schools	$	500,000	$	0	157809
3Y20	200688	21st Century Community Learning Centers	$	48,201,810	$	50,611,900	157810
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	157811
3Y70	200689	English Language Acquisition	$	9,700,000	$	9,700,000	157812
3Y80	200639	Rural and Low Income Technical Assistance	$	3,300,000	$	3,300,000	157813
3Z20	200690	State Assessments	$	11,800,000	$	11,800,000	157814
3Z30	200645	Consolidated Federal Grant Administration	$	7,949,280	$	7,949,280	157815
TOTAL FED Federal Special							157816
Revenue Fund Group			$	2,038,044,998	$	1,977,403,455	157817

State Special Revenue Fund Group	157818

4540	200610	GED Testing	$	1,050,000	$	250,000	157819
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	157820
4R70	200695	Indirect Operational Support	$	6,600,000	$	6,600,000	157821
4V70	200633	Interagency Program Support	$	717,725	$	717,725	157822
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	157823
5BJ0	200626	Half-Mill Maintenance Equalization	$	19,000,000	$	20,000,000	157824
5MM0	200677	Child Nutrition Refunds	$	500,000	$	500,000	157825
5T30	200668	Gates Foundation Grants	$	200,000	$	153,000	157826
5U20	200685	National Education Statistics	$	300,000	$	300,000	157827
6200	200615	Educational Improvement Grants	$	300,000	$	300,000	157828
TOTAL SSR State Special Revenue							157829
Fund Group			$	53,996,635	$	54,149,635	157830

Lottery Profits Education Fund Group	157831

7017	200612	Foundation Funding	$	775,500,000	$	853,000,000	157832
7017	200648	Straight A Fund	$	100,000,000	$	150,000,000	157833
7017	200666	EdChoice Expansion	$	8,500,000	$	17,000,000	157834
7017	200684	Community School Facilities	$	7,500,000	$	7,500,000	157835
TOTAL LPE Lottery Profits							157836
Education Fund Group			$	891,500,000	$	1,027,500,000	157837

Revenue Distribution Fund Group	157838

7047	200909	School District Property Tax Replacement-Business	$	482,000,000	$	482,000,000	157839
7053	200900	School District Property Tax Replacement-Utility	$	28,000,000	$	28,000,000	157840
TOTAL RDF Revenue Distribution							157841
Fund Group			$	510,000,000	$	510,000,000	157842
TOTAL ALL BUDGET FUND GROUPS			$	11,520,765,322	$	12,013,518,929	157843

Section 263.20. OPERATING EXPENSES

157845

A portion of the foregoing appropriation item 200321,	157846
Operating Expenses, shall be used by the Department of Education	157847
to provide matching funds under 20 U.S.C. 2321.	157848

EARLY CHILDHOOD EDUCATION

157849

Of the foregoing appropriation item 200408, Early Childhood	157850
Education, up to $50,000 in each fiscal year shall be used to	157851
support the operations of the "Ready, Set, Go...to Kindergarten"	157852
Program at the Horizon Education Center in Lorain County. The	157853
effectiveness of the program shall be evaluated and reported to	157854
the Department of Education in a study that includes statistics on	157855
program participants' scores for the "Get It, Got It, Go!"	157856
assessment and the kindergarten readiness assessment.	157857

The Department of Education shall distribute the remainder of	157858
the foregoing appropriation item 200408, Early Childhood	157859
Education, to pay the costs of early childhood education programs.	157860
The Department shall distribute such funds directly to qualifying	157861
providers.	157862

(A) As used in this section:

157863

(1) "Provider" means a city, local, exempted village, or	157864
joint vocational school district; an educational service center; a	157865
community school; a chartered nonpublic school; an early childhood	157866
education child care provider licensed under Chapter 5104. of the	157867
Revised Code that participates in and meets at least the third	157868
highest tier of the tiered quality rating and improvement system	157869
described in section 5104.30 of the Revised Code; or a combination	157870
of entities described in this paragraph.	157871

(2) In the case of a city, local, or exempted village school	157872
district or early childhood education child care provider licensed	157873
under Chapter 5104. of the Revised Code, "new eligible provider"	157874
means a provider that did not receive state funding for Early	157875
Childhood Education in the previous fiscal year or demonstrates a	157876
need for early childhood programs as defined in division (D) of	157877
this section.	157878

(3) "Eligible child" means a child who is at least three	157879
years of age as of the district entry date for kindergarten, is	157880
not of the age to be eligible for kindergarten, and whose family	157881
earns not more than two hundred per cent of the federal poverty	157882
guidelines as defined in division (A)(3) of section 5101.46 of the	157883
Revised Code. Children with an Individualized Education Program	157884
and where the Early Childhood Education program is the least	157885
restrictive environment may be enrolled on their third birthday.	157886

(4) "Early learning program standards" means early learning	157887
program standards for school readiness developed by the Department	157888
to assess the operation of early learning programs.	157889

(B) In each fiscal year, up to two per cent of the total	157890
appropriation may be used by the Department for program support	157891
and technical assistance. The Department shall distribute the	157892
remainder of the appropriation in each fiscal year to serve	157893
eligible children.	157894

(C) The Department shall provide an annual report to the	157895
Governor, the Speaker of the House of Representatives, and the	157896
President of the Senate and post the report to the Department's	157897
web site, regarding early childhood education programs operated	157898
under this section and the early learning program standards.	157899

(D) After setting aside the amounts to make payments due from	157900
the previous fiscal year, in fiscal year 2014, the Department	157901
shall distribute funds first to recipients of funds for early	157902
childhood education programs under Section 267.10.10 of Am. Sub.	157903
H.B. 153 of the 129th General Assembly, as amended by Am. Sub.	157904
H.B. 487 of the 129th General Assembly, in the previous fiscal	157905
year and the balance to new eligible providers of early childhood	157906
education programs under this section or to existing providers to	157907
serve more eligible children or for purposes of program expansion,	157908
improvement, or special projects to promote quality and	157909
innovation.	157910

After setting aside the amounts to make payments due from the	157911
previous fiscal year, in fiscal year 2015, the Department shall	157912
distribute funds first to providers of early childhood education	157913
programs under this section in the previous fiscal year and the	157914
balance to new eligible providers or to existing providers to	157915
serve more eligible children as outlined under division (E) of	157916
this section or for purposes of program expansion, improvement, or	157917
special projects to promote quality and innovation.	157918

(E) The Department shall distribute any new or remaining	157919
funding to existing providers of early childhood education	157920
programs or any new eligible providers in an effort to invest in	157921
high quality early childhood programs where there is a need as	157922
determined by the Department. The Department shall distribute the	157923
new or remaining funds to existing providers of early childhood	157924
education programs or any new eligible providers to serve	157925
additional eligible children based on community economic	157926
disadvantage, limited access to high quality preschool or	157927
childcare services, and demonstration of high quality preschool	157928
services as determined by the Department using new metrics	157929
developed pursuant to Ohio's Race to the Top—Early Learning	157930
Challenge Grant, awarded to the Department in December 2011.	157931

Awards under divisions (D) and (E) of this section shall be	157932
distributed on a per-pupil basis, and in accordance with division	157933
(I) of this section. The Department may adjust the per-pupil	157934
amount so that the per-pupil amount multiplied by the number of	157935
eligible children enrolled and receiving services on the first day	157936
of December or the business day closest to that date equals the	157937
amount allocated under this section.	157938

(F) Costs for developing and administering an early childhood	157939
education program may not exceed fifteen per cent of the total	157940
approved costs of the program.	157941

All providers shall maintain such fiscal control and	157942
accounting procedures as may be necessary to ensure the	157943
disbursement of, and accounting for, these funds. The control of	157944
funds provided in this program, and title to property obtained,	157945
shall be under the authority of the approved provider for purposes	157946
provided in the program unless, as described in division (K) of	157947
this section, the program waives its right for funding or a	157948
program's funding is eliminated or reduced due to its inability to	157949
meet financial or early learning program standards. The approved	157950
provider shall administer and use such property and funds for the	157951
purposes specified.	157952

(G) The Department may examine a provider's financial and	157953
program records. If the financial practices of the program are not	157954
in accordance with standard accounting principles or do not meet	157955
financial standards outlined under division (F) of this section,	157956
or if the program fails to substantially meet the early learning	157957
program standards, meet a quality rating level in the tiered	157958
quality rating and improvement system developed under section	157959
5104.30 of the Revised Code as prescribed by the Department, or	157960
exhibits below average performance as measured against the	157961
standards, the early childhood education program shall propose and	157962
implement a corrective action plan that has been approved by the	157963
Department. The approved corrective action plan shall be signed by	157964
the chief executive officer and the executive of the official	157965
governing body of the provider. The corrective action plan shall	157966
include a schedule for monitoring by the Department. Such	157967
monitoring may include monthly reports, inspections, a timeline	157968
for correction of deficiencies, and technical assistance to be	157969
provided by the Department or obtained by the early childhood	157970
education program. The Department may withhold funding pending	157971
corrective action. If an early childhood education program fails	157972
to satisfactorily complete a corrective action plan, the	157973
Department may deny expansion funding to the program or withdraw	157974
all or part of the funding to the program and establish a new	157975
eligible provider through a selection process established by the	157976
Department.	157977

(H)(1) If the early childhood education program is licensed	157978
by the Department of Education and is not highly rated, as	157979
determined by the Director of Job and Family Services, under the	157980
tiered quality rating and improvement system described in section	157981
5104.30 of the Revised Code, the program shall do all of the	157982
following:	157983

(a) Meet teacher qualification requirements prescribed by	157984
section 3301.311 of the Revised Code;	157985

(b) Align curriculum to the early learning content standards	157986
developed by the Department;	157987

(c) Meet any child or program assessment requirements	157988
prescribed by the Department;	157989

(d) Require teachers, except teachers enrolled and working to	157990
obtain a degree pursuant to section 3301.311 of the Revised Code,	157991
to attend a minimum of twenty hours every two years of	157992
professional development as prescribed by the Department;	157993

(e) Document and report child progress as prescribed by the	157994
Department;	157995

(f) Meet and report compliance with the early learning	157996
program standards as prescribed by the Department;	157997

(g) Participate in the tiered quality rating and improvement	157998
system developed under section 5104.30 of the Revised Code.	157999
Effective July 1, 2016, all programs shall be rated through the	158000
system.	158001

(2) If the program is highly rated, as determined by the	158002
Director of Job and Family Services, under the tiered quality	158003
rating and improvement system developed under section 5104.30 of	158004
the Revised Code, the program shall comply with the requirements	158005
of that system.	158006

(I) Per-pupil funding for programs subject to this section	158007
shall be sufficient to provide eligible children with services for	158008
a standard early childhood schedule which shall be defined in this	158009
section as a minimum of twelve and one-half hours per school week	158010
as defined in section 3313.62 of the Revised Code for the minimum	158011
school year as defined in sections 3313.48, 3313.481, and 3313.482	158012
of the Revised Code. Nothing in this section shall be construed to	158013
prohibit program providers from utilizing other funds to serve	158014
eligible children in programs that exceed the twelve and one-half	158015
hours per week or that exceed the minimum school year. For any	158016
provider for which a standard early childhood education schedule	158017
creates a hardship or for which the provider shows evidence that	158018
the provider is working in collaboration with a preschool special	158019
education program, the provider may submit a waiver to the	158020
Department requesting an alternate schedule. If the Department	158021
approves a waiver for an alternate schedule that provides services	158022
for less time than the standard early childhood education	158023
schedule, the Department may reduce the provider's annual	158024
allocation proportionately. Under no circumstances shall an annual	158025
allocation be increased because of the approval of an alternate	158026
schedule.	158027

(J) Each provider shall develop a sliding fee scale based on	158028
family incomes and shall charge families who earn more than two	158029
hundred per cent of the federal poverty guidelines, as defined in	158030
division (A)(3) of section 5101.46 of the Revised Code, for the	158031
early childhood education program.	158032

The Department shall conduct an annual survey of each	158033
provider to determine whether the provider charges families	158034
tuition or fees, the amount families are charged relative to	158035
family income levels, and the number of families and students	158036
charged tuition and fees for the early childhood program.	158037

(K) If an early childhood education program voluntarily	158038
waives its right for funding, or has its funding eliminated for	158039
not meeting financial standards or the early learning program	158040
standards, the provider shall transfer control of title to	158041
property, equipment, and remaining supplies obtained through the	158042
program to providers designated by the Department and return any	158043
unexpended funds to the Department along with any reports	158044
prescribed by the Department. The funding made available from a	158045
program that waives its right for funding or has its funding	158046
eliminated or reduced may be used by the Department for new grant	158047
awards or expansion grants. The Department may award new grants or	158048
expansion grants to eligible providers who apply. The eligible	158049
providers who apply must do so in accordance with the selection	158050
process established by the Department.	158051

(L) Eligible expenditures for the Early Childhood Education	158052
Program shall be claimed each fiscal year to help meet the state's	158053
TANF maintenance of effort requirement. The Superintendent of	158054
Public Instruction and the Director of Job and Family Services	158055
shall enter into an interagency agreement to carry out the	158056
requirements under this division, which shall include developing	158057
reporting guidelines for these expenditures.	158058

(M) The Early Childhood Advisory Council established under	158059
section 3301.90 of the Revised Code shall provide, by October 1,	158060
2013, recommendations including, but not limited to, the	158061
administration, implementation, and distribution of funding for an	158062
early childhood voucher program, to the Superintendent of Public	158063
Instruction, the Governor's Office of 21st Century Education, the	158064
Speaker of the House of Representatives, the President of the	158065
Senate, and the chairpersons of the standing committees of the	158066
House of Representatives and the Senate that deal primarily with	158067
issues of education. Decisions on the implementation of the	158068
voucher program shall be made by the Governor's Office of 21st	158069
Century Education with recommendations from the State	158070
Superintendent of Public Instruction and the Early Childhood	158071
Advisory Council.	158072

Section 263.30. INFORMATION TECHNOLOGY DEVELOPMENT AND	158073
SUPPORT	158074

The foregoing appropriation item 200420, Information	158075
Technology Development and Support, shall be used to support the	158076
development and implementation of information technology solutions	158077
designed to improve the performance and services of the Department	158078
of Education. Funds may be used for personnel, maintenance, and	158079
equipment costs related to the development and implementation of	158080
these technical system projects. Implementation of these systems	158081
shall allow the Department to provide greater levels of assistance	158082
to school districts and to provide more timely information to the	158083
public, including school districts, administrators, and	158084
legislators. Funds may also be used to support data-driven	158085
decision-making and differentiated instruction, as well as to	158086
communicate academic content standards and curriculum models to	158087
schools through web-based applications.	158088

Section 263.40. ALTERNATIVE EDUCATION PROGRAMS

158089

The foregoing appropriation item 200421, Alternative	158090
Education Programs, shall be used for the renewal of successful	158091
implementation grants and for competitive matching grants to	158092
school districts for alternative educational programs for existing	158093
and new at-risk and delinquent youth. Programs shall be focused on	158094
youth in one or more of the following categories: those who have	158095
been expelled or suspended, those who have dropped out of school	158096
or who are at risk of dropping out of school, those who are	158097
habitually truant or disruptive, or those on probation or on	158098
parole from a Department of Youth Services facility. Grants shall	158099
be awarded only to programs in which the grant will not serve as	158100
the program's primary source of funding. These grants shall be	158101
administered by the Department of Education.	158102

The Department of Education may waive compliance with any	158103
minimum education standard established under section 3301.07 of	158104
the Revised Code for any alternative school that receives a grant	158105
under this section on the grounds that the waiver will enable the	158106
program to more effectively educate students enrolled in the	158107
alternative school.	158108

Of the foregoing appropriation item 200421, Alternative	158109
Education Programs, a portion may be used for program	158110
administration, monitoring, technical assistance, support,	158111
research, and evaluation.	158112

Section 263.50. SCHOOL MANAGEMENT ASSISTANCE

158113

Of the foregoing appropriation item 200422, School Management	158114
Assistance, $1,000,000 in each fiscal year shall be used by the	158115
Auditor of State in consultation with the Department of Education	158116
for expenses incurred in the Auditor of State's role relating to	158117
fiscal caution, fiscal watch, and fiscal emergency activities as	158118
defined in Chapter 3316. of the Revised Code, unless an amount	158119
less than $1,000,000 is needed and mutually agreed to by the	158120
Department and the Auditor of State. This set-aside may also be	158121
used by the Auditor of State to conduct performance audits of	158122
other school districts with priority given to districts in fiscal	158123
distress. Districts in fiscal distress shall be determined by the	158124
Auditor of State and shall include districts that the Auditor of	158125
State, in consultation with the Department of Education,	158126
determines are employing fiscal practices or experiencing	158127
budgetary conditions that could produce a state of fiscal watch or	158128
fiscal emergency.	158129

The remainder of appropriation item 200422, School Management	158130
Assistance, shall be used by the Department of Education to	158131
provide fiscal technical assistance and inservice education for	158132
school district management personnel and to administer, monitor,	158133
and implement the fiscal caution, fiscal watch, and fiscal	158134
emergency provisions under Chapter 3316. of the Revised Code.	158135

Section 263.60. POLICY ANALYSIS

158136

The foregoing appropriation item 200424, Policy Analysis,	158137
shall be used by the Department of Education to support a system	158138
of administrative, statistical, and legislative education	158139
information to be used for policy analysis. Staff supported by	158140
this appropriation shall administer the development of reports,	158141
analyses, and briefings to inform education policymakers of	158142
current trends in education practice, efficient and effective use	158143
of resources, and evaluation of programs to improve education	158144
results. The database shall be kept current at all times. These	158145
research efforts shall be used to supply information and analysis	158146
of data to the General Assembly and other state policymakers,	158147
including the Office of Budget and Management, the Governor's	158148
Office of 21st Century Education, and the Legislative Service	158149
Commission.	158150

The Department of Education may use funding from this	158151
appropriation item to purchase or contract for the development of	158152
software systems or contract for policy studies that will assist	158153
in the provision and analysis of policy-related information.	158154
Funding from this appropriation item also may be used to monitor	158155
and enhance quality assurance for research-based policy analysis	158156
and program evaluation to enhance the effective use of education	158157
information to inform education policymakers.	158158

TECH PREP CONSORTIA SUPPORT

158159

The foregoing appropriation item 200425, Tech Prep Consortia	158160
Support, shall be used by the Department of Education to support	158161
state-level activities designed to support, promote, and expand	158162
tech prep programs. Use of these funds shall include, but not be	158163
limited to, administration of grants, program evaluation,	158164
professional development, curriculum development, assessment	158165
development, program promotion, communications, and statewide	158166
coordination of tech prep consortia.	158167

Section 263.70. OHIO EDUCATIONAL COMPUTER NETWORK

158168

The foregoing appropriation item 200426, Ohio Educational	158169
Computer Network, shall be used by the Department of Education to	158170
maintain a system of information technology throughout Ohio and to	158171
provide technical assistance for such a system in support of the	158172
P-16 State Education Technology Plan developed under section	158173
3353.09 of the Revised Code.	158174

Of the foregoing appropriation item 200426, Ohio Educational	158175
Computer Network, up to $10,705,569 in each fiscal year shall be	158176
used by the Department of Education to support connection of all	158177
public school buildings and participating chartered nonpublic	158178
schools to the state's education network, to each other, and to	158179
the Internet. In each fiscal year the Department of Education	158180
shall use these funds to assist information technology centers or	158181
school districts with the operational costs associated with this	158182
connectivity. The Department of Education shall develop a formula	158183
and guidelines for the distribution of these funds to information	158184
technology centers or individual school districts. As used in this	158185
section, "public school building" means a school building of any	158186
city, local, exempted village, or joint vocational school	158187
district, any community school established under Chapter 3314. of	158188
the Revised Code, any college preparatory boarding school	158189
established under Chapter 3328. of the Revised Code, any STEM	158190
school established under Chapter 3326. of the Revised Code, any	158191
educational service center building used for instructional	158192
purposes, the Ohio School for the Deaf and the Ohio School for the	158193
Blind, high schools chartered by the Ohio Department of Youth	158194
Services, or high schools operated by Ohio Department of	158195
Rehabilitation and Corrections' Ohio Central School System.	158196

Of the foregoing appropriation item 200426, Ohio Educational	158197
Computer Network, up to $2,500,000 in each fiscal year shall be	158198
used for the Union Catalog and InfOhio Network and to support the	158199
provision of electronic resources with priority given to resources	158200
that support the teaching of state academic content standards in	158201
all public schools. Consideration shall be given by the Department	158202
of Education to coordinating the allocation of these moneys with	158203
the efforts of Libraries Connect Ohio, whose members include	158204
OhioLINK, the Ohio Public Information Network, and the State	158205
Library of Ohio.	158206

Of the foregoing appropriation item 200426, Ohio Educational	158207
Computer Network, up to $5,220,000 in each fiscal year shall be	158208
used, through a formula and guidelines devised by the Department,	158209
to subsidize the activities of designated information technology	158210
centers, as defined by State Board of Education rules, to provide	158211
school districts and chartered nonpublic schools with	158212
computer-based student and teacher instructional and	158213
administrative information services, including approved	158214
computerized financial accounting, and to ensure the effective	158215
operation of local automated administrative and instructional	158216
systems.	158217

Of the foregoing appropriation item 200426, Ohio Educational	158218
Computer Network, up to $10,000,000 in fiscal year 2014 shall be	158219
used for middle mile connections for the information technology	158220
centers established under section 3301.075 of the Revised Code and	158221
select large urban districts to connect to the state broadband	158222
backbone managed by the Ohio Technology Consortium and for other	158223
connectivity upgrades necessary for K-12 school buildings with	158224
severely restricted broadband connections. The Department of	158225
Education shall develop an expenditure plan to facilitate	158226
instructional technology/blended learning initiatives. The State	158227
Chief Information Officer and the Education Technology Division of	158228
the Ohio Board of Regents shall review the plan to ensure it	158229
coincides with State of Ohio and higher education network	158230
strategies and shall either approve or reject the plan. If the	158231
plan is rejected, the State Chief Information Officer and the	158232
Education Technology Division of the Ohio Board of Regents shall	158233
identify deficiencies in the plan and work with the Department to	158234
complete an acceptable plan. "Select large urban districts" are	158235
those districts that connect to the state broadband backbone	158236
directly rather than through an information technology center. At	158237
the request of the Superintendent of Public Instruction, the	158238
Director of Budget and Management may authorize the expenditure in	158239
fiscal year 2015 of any unexpended and unencumbered portion of	158240
this set-aside at the end of fiscal year 2014. The authorized	158241
expenditure is hereby reappropriated to the Department for the	158242
same purpose for fiscal year 2015.	158243

The remainder of appropriation item 200426, Ohio Educational	158244
Computer Network, shall be used to support the work of the	158245
development, maintenance, and operation of a network of uniform	158246
and compatible computer-based information and instructional	158247
systems as well as the teacher student linkage/roster verification	158248
process and the eTranscript/student records exchange initiative.	158249
This technical assistance shall include, but not be restricted to,	158250
development and maintenance of adequate computer software systems	158251
to support network activities. In order to improve the efficiency	158252
of network activities, the Department and information technology	158253
centers may jointly purchase equipment, materials, and services	158254
from funds provided under this appropriation for use by the	158255
network and, when considered practical by the Department, may	158256
utilize the services of appropriate state purchasing agencies.	158257

Section 263.80. ACADEMIC STANDARDS

158258

The foregoing appropriation item 200427, Academic Standards,	158259
shall be used by the Department of Education to develop, revise,	158260
and communicate to school districts academic content standards and	158261
curriculum models and to develop professional development programs	158262
and other tools on the new content standards and model curriculum.	158263

Section 263.90. STUDENT ASSESSMENT

158264

Of the foregoing appropriation item 200437, Student	158265
Assessment, up to $95,000 in each fiscal year may be used to	158266
support the assessments required under section 3301.0715 of the	158267
Revised Code.	158268

The remainder of appropriation item 200437, Student	158269
Assessment, shall be used to develop, field test, print,	158270
distribute, score, report results, and support other associated	158271
costs for the tests required under sections 3301.0710, 3301.0711,	158272
and 3301.0712 of the Revised Code and for similar purposes as	158273
required by section 3301.27 of the Revised Code. The funds may	158274
also be used to update and develop diagnostic assessments required	158275
under sections 3301.079, 3301.0715, and 3313.608 of the Revised	158276
Code.	158277

DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS FOR STUDENT	158278
ASSESSMENT	158279

In fiscal year 2014 and fiscal year 2015, if the	158280
Superintendent of Public Instruction determines that additional	158281
funds are needed to fully fund the requirements of sections	158282
3301.0710, 3301.0711, 3301.0712, and 3301.27 of the Revised Code	158283
and this act for assessments of student performance, the	158284
Superintendent of Public Instruction may recommend the	158285
reallocation of unexpended and unencumbered General Revenue Fund	158286
appropriations within the Department of Education to appropriation	158287
item 200437, Student Assessment, to the Director of Budget and	158288
Management. If the Director of Budget and Management determines	158289
that such a reallocation is required, the Director of Budget and	158290
Management may transfer unexpended and unencumbered appropriations	158291
within the Department of Education as necessary to appropriation	158292
item 200437, Student Assessment. If these transferred	158293
appropriations are not sufficient to fully fund the assessment	158294
requirements in fiscal year 2014 or fiscal year 2015, the	158295
Superintendent of Public Instruction may request that the	158296
Controlling Board transfer up to $9,000,000 cash from the Lottery	158297
Profits Education Reserve Fund (Fund 7018) to the General Revenue	158298
Fund. Upon approval of the Controlling Board, the Director of	158299
Budget and Management shall transfer the cash. These transferred	158300
funds are hereby appropriated for the same purpose as	158301
appropriation item 200437, Student Assessment.	158302

Section 263.100. Notwithstanding anything to the contrary in	158303
sections 3301.0710 and 3301.0711 of the Revised Code, in the	158304
2013-2014 school year, the Department of Education shall not	158305
furnish, and school districts and schools shall not administer,	158306
the elementary writing and social studies achievement assessments	158307
prescribed by section 3301.0710 of the Revised Code, unless the	158308
Superintendent of Public Instruction determines the Department has	158309
sufficient funds to pay the costs of furnishing and scoring those	158310
assessments.	158311

Section 263.110. ACCOUNTABILITY/REPORT CARDS

158312

Of the foregoing appropriation item 200439,	158313
Accountability/Report Cards, a portion in each fiscal year may be	158314
used to train district and regional specialists and district	158315
educators in the use of the value-added progress dimension and in	158316
the use of data as it relates to improving student achievement.	158317
This training may include teacher and administrator professional	158318
development in the use of data to improve instruction and student	158319
learning, and teacher and administrator training in understanding	158320
teacher value-added reports and how they can be used as a	158321
component in measuring teacher and administrator effectiveness. A	158322
portion of this funding may be provided to a credible nonprofit	158323
organization with expertise in value-added progress dimensions.	158324

The remainder of appropriation item 200439,	158325
Accountability/Report Cards, shall be used by the Department to	158326
incorporate a statewide value-added progress dimension into	158327
performance ratings for school districts and for the development	158328
of an accountability system that includes the preparation and	158329
distribution of school report cards, funding and expenditure	158330
accountability reports under sections 3302.03 and 3302.031 of the	158331
Revised Code, and the development and maintenance of teacher	158332
value-added reports.	158333

CHILD CARE LICENSING

158334

The foregoing appropriation item 200442, Child Care	158335
Licensing, shall be used by the Department of Education to license	158336
and to inspect preschool and school-age child care programs under	158337
sections 3301.52 to 3301.59 of the Revised Code.	158338

Section 263.120. EDUCATION MANAGEMENT INFORMATION SYSTEM

158339

The foregoing appropriation item 200446, Education Management	158340
Information System, shall be used by the Department of Education	158341
to improve the Education Management Information System (EMIS).	158342

Of the foregoing appropriation item 200446, Education	158343
Management Information System, up to $729,000 in each fiscal year	158344
shall be distributed to designated information technology centers	158345
for costs relating to processing, storing, and transferring data	158346
for the effective operation of the EMIS. These costs may include,	158347
but are not limited to, personnel, hardware, software development,	158348
communications connectivity, professional development, and support	158349
services, and to provide services to participate in the State	158350
Education Technology Plan developed under section 3353.09 of the	158351
Revised Code.	158352

The remainder of appropriation item 200446, Education	158353
Management Information System, shall be used to develop and	158354
support a common core of data definitions and standards as adopted	158355
by the Education Management Information System Advisory Board,	158356
including the ongoing development and maintenance of the data	158357
dictionary and data warehouse. In addition, such funds shall be	158358
used to support the development and implementation of data	158359
standards; the design, development, and implementation of a new	158360
data exchange system; and responsibilities related to the school	158361
report cards prescribed by section 3302.03 of the Revised Code and	158362
value-added progress dimension calculations.	158363

Any provider of software meeting the standards approved by	158364
the Education Management Information System Advisory Board shall	158365
be designated as an approved vendor and may enter into contracts	158366
with local school districts, community schools, STEMS schools,	158367
information technology centers, or other educational entities for	158368
the purpose of collecting and managing data required under Ohio's	158369
education management information system (EMIS) laws. On an annual	158370
basis, the Department of Education shall convene an advisory group	158371
of school districts, community schools, and other	158372
education-related entities to review the Education Management	158373
Information System data definitions and data format standards. The	158374
advisory group shall recommend changes and enhancements based upon	158375
surveys of its members, education agencies in other states, and	158376
current industry practices, to reflect best practices, align with	158377
federal initiatives, and meet the needs of school districts.	158378

School districts, STEM schools, and community schools not	158379
implementing a common and uniform set of data definitions and data	158380
format standards for Education Management Information System	158381
purposes shall have all EMIS funding withheld until they are in	158382
compliance.	158383

Section 263.130. GED TESTING

158384

The foregoing appropriation item 200447, GED Testing, shall	158385
be used to provide General Educational Development (GED) testing	158386
under rules adopted by the State Board of Education.	158387

Section 263.140. EDUCATOR PREPARATION

158388

Of the foregoing appropriation item 200448, Educator	158389
Preparation, up to $500,000 in each fiscal year may be used by the	158390
Department of Education to monitor and support Ohio's State System	158391
of Support in accordance with the "No Child Left Behind Act of	158392
2011," 20 U.S.C. 6317, as administered pursuant to the Elementary	158393
and Secondary Education Act flexibility waivers approved for Ohio	158394
by the United States Department of Education.	158395

Of the foregoing appropriation item 200448, Educator	158396
Preparation, up to $100,000 in each fiscal year may be used by the	158397
Department to support the Educator Standards Board under section	158398
3319.61 of the Revised Code and reforms under sections 3302.042,	158399
3302.06 through 3302.068, 3302.12, 3302.20 through 3302.22, and	158400
3319.58 of the Revised Code.	158401

The remainder of the foregoing appropriation item 200448,	158402
Educator Preparation, in fiscal year 2015 may be used for	158403
implementation of teacher and principal evaluation systems,	158404
including incorporation of student growth as a metric in those	158405
systems, and teacher value-added reports.	158406

Section 263.150. COMMUNITY SCHOOLS AND CHOICE PROGRAMS

158407

The foregoing appropriation item 200455, Community Schools	158408
and Choice Programs, may be used by the Department of Education	158409
for additional services and responsibilities under section 3314.11	158410
of the Revised Code and for operation of the school choice	158411
programs.	158412

Of the foregoing appropriation item 200455, Community Schools	158413
and Choice Programs, a portion in each fiscal year may be used by	158414
the Department of Education for developing and conducting training	158415
sessions for community schools and sponsors and prospective	158416
sponsors of community schools as prescribed in division (A)(1) of	158417
section 3314.015 of the Revised Code, and other schools	158418
participating in school choice programs.	158419

Section 263.160. TECHNOLOGY INTEGRATION AND PROFESSIONAL	158420
DEVELOPMENT	158421

The foregoing appropriation item 200465, Technology	158422
Integration and Professional Development, shall be used by the	158423
Department of Education to provide grants to educational	158424
television stations working with partner education technology	158425
centers to provide Ohio public schools with instructional	158426
resources and services, with priority given to resources and	158427
services aligned with state academic content standards. Such	158428
resources and services shall be based upon the advice and approval	158429
of the Department, based on a formula used by the former eTech	158430
Ohio Commission unless and until a substitute formula is developed	158431
in consultation with Ohio's educational television stations and	158432
educational technology centers.	158433

Section 263.170. PUPIL TRANSPORTATION

158434

Of the foregoing appropriation item 200502, Pupil	158435
Transportation, up to $838,930 in each fiscal year may be used by	158436
the Department of Education for training prospective and	158437
experienced school bus drivers in accordance with training	158438
programs prescribed by the Department. Up to $60,469,220 in each	158439
fiscal year may be used by the Department of Education for special	158440
education transportation reimbursements to school districts and	158441
county DD boards for transportation operating costs as provided in	158442
divisions (C) and (F) of section 3317.024 of the Revised Code. Up	158443
to $5,000,000 in fiscal year 2014 and up to $2,500,000 in fiscal	158444
year 2015 may be used by the Department of Education to reimburse	158445
school districts that make payments to parents in lieu of	158446
transportation under section 3327.02 of the Revised Code and whose	158447
transportation is not funded under division (C) of section	158448
3317.024 of the Revised Code. In each of fiscal years 2014 and	158449
2015, if the parent, guardian, or other person in charge of a	158450
pupil accepts the offer of payment in lieu of providing	158451
transportation, the school district shall pay that parent,	158452
guardian, or other person an amount that shall be not less than	158453
$250 and not more than the amount determined by the Department as	158454
the average cost of pupil transportation for the previous school	158455
year. Payment may be prorated if the time period involved is only	158456
a part of the school year.	158457

Of the foregoing appropriation item 200502, Pupil	158458
Transportation, up to $25,300,000 in fiscal year 2014 and up to	158459
$23,100,000 in fiscal year 2015 shall be used for additional	158460
transportation aid for school districts as provided by division	158461
(G)(2) of section 3317.0212 of the Revised Code, as amended by	158462
this act. The Department shall pay each school district a pro rata	158463
portion of the amounts calculated so that the amount appropriated	158464
is not exceeded.	158465

Of the foregoing appropriation item 200502, Pupil	158466
Transportation, $413,385,915 in fiscal year 2014 and $434,055,210	158467
in fiscal year 2015 shall be used to distribute the amounts	158468
calculated for transportation aid under division (G)(1) of section	158469
3317.0212 of the Revised Code, as amended by this act.	158470

Section 263.180. SCHOOL LUNCH MATCH

158471

The foregoing appropriation item 200505, School Lunch Match,	158472
shall be used to provide matching funds to obtain federal funds	158473
for the school lunch program.	158474

Any remaining appropriation after providing matching funds	158475
for the school lunch program may be used to partially reimburse	158476
school buildings within school districts that are required to have	158477
a school breakfast program under section 3313.813 of the Revised	158478
Code, at a rate decided by the Department.	158479

Section 263.190. AUXILIARY SERVICES

158480

The foregoing appropriation item 200511, Auxiliary Services,	158481
shall be used by the Department of Education for the purpose of	158482
implementing section 3317.06 of the Revised Code. Of the	158483
appropriation, up to $1,888,106 in fiscal year 2014 and up to	158484
$1,944,949 in fiscal year 2015 may be used for payment of the	158485
Post-Secondary Enrollment Program for nonpublic students, except	158486
that in fiscal year 2014 the Department may spend above the	158487
set-aside to pay for outstanding obligations for the	158488
Post-Secondary Enrollment Options Program in fiscal year 2013.	158489
Notwithstanding section 3365.10 of the Revised Code, the	158490
Department shall distribute funding according to rules adopted by	158491
the Department in accordance with Chapter 119. of the Revised	158492
Code.	158493

Section 263.200. NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

158494

The foregoing appropriation item 200532, Nonpublic	158495
Administrative Cost Reimbursement, shall be used by the Department	158496
of Education for the purpose of implementing section 3317.063 of	158497
the Revised Code.	158498

Section 263.210. SPECIAL EDUCATION ENHANCEMENTS

158499

Of the foregoing appropriation item 200540, Special Education	158500
Enhancements, up to $50,000,000 in each fiscal year shall be used	158501
to fund special education and related services at county boards of	158502
developmental disabilities for eligible students under section	158503
3317.20 of the Revised Code and at institutions for eligible	158504
students under section 3317.201 of the Revised Code. If necessary,	158505
the Department shall proportionately reduce the amount calculated	158506
for each county board of developmental disabilities and	158507
institution so as not to exceed the amount appropriated in each	158508
fiscal year.	158509

Of the foregoing appropriation item 200540, Special Education	158510
Enhancements, up to $1,333,468 in each fiscal year shall be used	158511
for parent mentoring programs.	158512

Of the foregoing appropriation item 200540, Special Education	158513
Enhancements, up to $2,537,824 in each fiscal year may be used for	158514
school psychology interns.	158515

The remainder of appropriation item 200540, Special Education	158516
Enhancements, shall be distributed by the Department of Education	158517
to school districts and institutions, as defined in section	158518
3323.091 of the Revised Code, for preschool special education	158519
funding under section 3317.0213 of the Revised Code.	158520

The Department may reimburse school districts and	158521
institutions for services provided by instructional assistants,	158522
related services as defined in rule 3301-51-11 of the	158523
Administrative Code, physical therapy services provided by a	158524
licensed physical therapist or physical therapist assistant under	158525
the supervision of a licensed physical therapist as required under	158526
Chapter 4755. of the Revised Code and Chapter 4755-27 of the	158527
Administrative Code and occupational therapy services provided by	158528
a licensed occupational therapist or occupational therapy	158529
assistant under the supervision of a licensed occupational	158530
therapist as required under Chapter 4755. of the Revised Code and	158531
Chapter 4755-7 of the Administrative Code. Nothing in this section	158532
authorizes occupational therapy assistants or physical therapist	158533
assistants to generate or manage their own caseloads.	158534

The Department of Education shall require school districts,	158535
educational service centers, county DD boards, and institutions	158536
serving preschool children with disabilities to adhere to Ohio's	158537
early learning program standards, participate in the tiered	158538
quality rating and improvement system developed under section	158539
5104.30 of the Revised Code, and document child progress using	158540
research-based indicators prescribed by the Department and report	158541
results annually. The reporting dates and method shall be	158542
determined by the Department. Effective July 1, 2018, all programs	158543
shall be rated through the tiered quality rating and improvement	158544
system.	158545

Section 263.220. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

158546

Of the foregoing appropriation item 200545, Career-Technical	158547
Education Enhancements, up to $2,563,568 in each fiscal year shall	158548
be used to fund secondary career-technical education at	158549
institutions using a grant-based methodology, notwithstanding	158550
section 3317.05 of the Revised Code.	158551

Of the foregoing appropriation item 200545, Career-Technical	158552
Education Enhancements, up to $2,838,281 in each fiscal year shall	158553
be used by the Department of Education to fund competitive grants	158554
to tech prep consortia that expand the number of students enrolled	158555
in tech prep programs. These grant funds shall be used to directly	158556
support expanded tech prep programs provided to students enrolled	158557
in school districts, including joint vocational school districts,	158558
and affiliated higher education institutions. This support may	158559
include the purchase of equipment.	158560

Of the foregoing appropriation item 200545, Career-Technical	158561
Education Enhancements, up to $3,100,850 in each fiscal year shall	158562
be used by the Department of Education to support existing High	158563
Schools That Work (HSTW) sites, develop and support new sites,	158564
fund technical assistance, and support regional centers and middle	158565
school programs. The purpose of HSTW is to combine challenging	158566
academic courses and modern career-technical studies to raise the	158567
academic achievement of students. HSTW provides intensive	158568
technical assistance, focused staff development, targeted	158569
assessment services, and ongoing communications and networking	158570
opportunities.	158571

Of the foregoing appropriation item 200545, Career-Technical	158572
Education Enhancements, up to $600,000 in each fiscal year shall	158573
be used by the Department of Education to enable students in	158574
agricultural programs to enroll in a fifth quarter of instruction	158575
based on the agricultural education model of delivering work-based	158576
learning through supervised agricultural experience. The	158577
Department of Education shall determine eligibility criteria and	158578
the reporting process for the Agriculture 5th Quarter Project and	158579
shall fund as many programs as possible given the set aside. The	158580
eligibility criteria developed by the Department shall allow these	158581
funds to support supervised agricultural experience that occurs	158582
anytime outside of the regular school day.	158583

Of the foregoing appropriation item, 200545, Career-Technical	158584
Education Enhancements, up to $162,200 in each fiscal year shall	158585
be distributed to the Cleveland Municipal School District and the	158586
Cincinnati City School District to be used for a VoAg Program in	158587
one at-risk nonvocational school in each district. The amount	158588
distributed to the Cleveland Municipal School District shall be	158589
equal to $78,600 minus the funding allocated to the district under	158590
division (A)(8) of section 3317.022 of the Revised Code for the	158591
students participating in the program. The amount distributed to	158592
the Cincinnati City School District shall be equal to $83,600	158593
minus the funding allocated to the district under section 3317.162	158594
of the Revised Code for the students participating in the program.	158595

Of the foregoing appropriation item 200545, Career-Technical	158596
Education Enhancements, $108,100 in each fiscal year shall be used	158597
to prepare students for careers in culinary arts and restaurant	158598
management under the Ohio ProStart school restaurant program.	158599

Section 263.230. FOUNDATION FUNDING

158600

Of the foregoing appropriation item 200550, Foundation	158601
Funding, up to $675,000 in fiscal year 2014 shall be used to	158602
support the work of the College of Education and Human Ecology at	158603
the Ohio State University in reviewing and assessing the alignment	158604
of courses offered through the distance learning clearinghouse	158605
established in sections 3333.81 to 3333.88 of the Revised Code	158606
with the academic content standards adopted under division (A) of	158607
section 3301.079 of the Revised Code.	158608

Of the foregoing appropriation item 200550, Foundation	158609
Funding, up to $40,000,000 in each fiscal year shall be used to	158610
provide additional state aid to school districts, joint vocational	158611
school districts, community schools, and STEM schools for special	158612
education students under division (C)(3) of section 3314.08,	158613
section 3317.0214, division (B) of section 3317.16, and section	158614
3326.34 of the Revised Code, except that the Controlling Board may	158615
increase these amounts if presented with such a request from the	158616
Department of Education at the final meeting of the fiscal year.	158617

Of the foregoing appropriation item 200550, Foundation	158618
Funding, up to $2,000,000 in each fiscal year shall be reserved	158619
for Youth Services tuition payments under section 3317.024 of the	158620
Revised Code.	158621

Of the foregoing appropriation item 200550, Foundation	158622
Funding, up to $3,800,000 in each fiscal year shall be used to	158623
fund gifted education at educational service centers. The	158624
Department shall distribute the funding through the unit-based	158625
funding methodology in place under division (L) of section	158626
3317.024, division (E) of section 3317.05, and divisions (A), (B),	158627
and (C) of section 3317.053 of the Revised Code as they existed	158628
prior to fiscal year 2010.	158629

Of the foregoing appropriation item 200550, Foundation	158630
Funding, up to $43,500,000 in fiscal year 2014 and up to	158631
$40,000,000 in fiscal year 2015 shall be reserved to fund the	158632
state reimbursement of educational service centers under the	158633
section of this act entitled "EDUCATIONAL SERVICE CENTERS	158634
FUNDING"; and up to $3,500,000 in each fiscal year shall be	158635
distributed to educational service centers for School Improvement	158636
Initiatives and, in consultation with the Governor's Director of	158637
21st Century Education, for the provision of technical assistance	158638
as required by the Elementary and Secondary Education Act	158639
Flexibility waivers approved for Ohio by the United States	158640
Department of Education. Educational service centers shall be	158641
required to support districts in the development and	158642
implementation of their continuous improvement plans as required	158643
in section 3302.04 of the Revised Code and to provide technical	158644
assistance and support in accordance with Title I of the "No Child	158645
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317, as	158646
administered pursuant to the Elementary and Secondary Education	158647
Act Flexibility waivers approved for Ohio by the United States	158648
Department of Education.	158649

Of the foregoing appropriation item 200550, Foundation	158650
Funding, up to $20,000,000 in each fiscal year shall be reserved	158651
for payments under sections 3317.026, 3317.027, and 3317.028 of	158652
the Revised Code. If this amount is not sufficient, the Department	158653
of Education shall prorate the payment amounts so that the	158654
aggregate amount allocated in this paragraph is not exceeded.	158655

Of the foregoing appropriation item 200550, Foundation	158656
Funding, up to $2,000,000 in each fiscal year shall be used to pay	158657
career-technical planning districts for the amounts reimbursed to	158658
students, as prescribed in this paragraph. Each career-technical	158659
planning district shall reimburse individuals taking the online	158660
General Educational Development (GED) test for the first time for	158661
application/test fees in excess of $40. Each career-technical	158662
planning district shall designate a site or sites where	158663
individuals may register and take the exam. For each individual	158664
that registers for the exam, the career-technical planning	158665
district shall make available and offer career counseling	158666
services, including information on adult education programs that	158667
are available.	158668

Of the foregoing appropriation item 200550, Foundation	158669
Funding, up to $410,000 in each fiscal year shall be used to pay	158670
career-technical planning districts $500 for each student that	158671
receives a journeyman certification, as recognized by the United	158672
States Department of Labor.	158673

Of the foregoing appropriation item 200550, Foundation	158674
Funding, up to $18,713,327 in each fiscal year shall be used to	158675
support school choice programs.	158676

Of the portion of the funds distributed to the Cleveland	158677
Municipal School District under this section, up to $11,901,887 in	158678
each fiscal year shall be used to operate the school choice	158679
program in the Cleveland Municipal School District under sections	158680
3313.974 to 3313.979 of the Revised Code. Notwithstanding	158681
divisions (B) and (C) of section 3313.978 and division (C) of	158682
section 3313.979 of the Revised Code, up to $1,000,000 in each	158683
fiscal year of this amount shall be used by the Cleveland	158684
Municipal School District to provide tutorial assistance as	158685
provided in division (H) of section 3313.974 of the Revised Code.	158686
The Cleveland Municipal School District shall report the use of	158687
these funds in the district's three-year continuous improvement	158688
plan as described in section 3302.04 of the Revised Code in a	158689
manner approved by the Department of Education.	158690

Of the foregoing appropriation item 200550, Foundation	158691
Funding, up to $2,000,000 in fiscal year 2015 shall be used to pay	158692
college-preparatory boarding schools the per pupil boarding amount	158693
pursuant to section 3328.34 of the Revised Code.	158694

Of the foregoing appropriation item 200550, Foundation	158695
Funding, up to $500,000 in each fiscal year shall be used to	158696
support Jobs for Ohio's Graduates.	158697

Of the foregoing appropriation item 200550, Foundation	158698
Funding, up to $250,000 in fiscal year 2015 may be used for	158699
payment of the Post-Secondary Enrollment Options Program for	158700
students instructed at home pursuant to section 3321.04 of the	158701
Revised Code.	158702

Of the foregoing appropriation item 200550, Foundation	158703
Funding, up to $5,000,000 in fiscal year 2014 shall be used to	158704
reimburse school districts for the full amount deducted in that	158705
year under section 3310.55 of the Revised Code for Jon Peterson	158706
Scholarships awarded under sections 3310.51 to 3310.64 of the	158707
Revised Code to students who did not attend a public school in	158708
their resident district in the previous school year. If this	158709
amount is not sufficient, the Department of Education shall	158710
prorate the payment amounts so that the aggregate amount	158711
appropriated in this paragraph is not exceeded.	158712

Of the foregoing appropriation item 200550, Foundation	158713
Funding, an amount shall be available in each fiscal year to be	158714
paid to joint vocational school districts in accordance with	158715
division (A) of section 3317.16 of the Revised Code and the	158716
section of this act entitled "TEMPORARY TRANSITIONAL AID FOR JOINT	158717
VOCATIONAL SCHOOL DISTRICTS."	158718

Of the foregoing appropriation item 200550, Foundation	158719
Funding, up to $700,000 in each fiscal year shall be used by the	158720
Department of Education for a program to pay for educational	158721
services for youth who have been assigned by a juvenile court or	158722
other authorized agency to any of the facilities described in	158723
division (A) of the section of this act entitled "PRIVATE	158724
TREATMENT FACILITY PROJECT."	158725

Of the foregoing appropriation item 200550, Foundation	158726
Funding, up to $675,000 in fiscal year 2015 shall be used to	158727
provide grants on a competitive basis to public and chartered	158728
nonpublic schools for their participation in the electronic	158729
textbook pilot project. These funds shall be administered as	158730
provided under the section of this act entitled ELECTRONIC	158731
TEXTBOOK PILOT PROJECT.	158732

Of the foregoing appropriation item 200550, Foundation	158733
Funding, up to $500,000 in fiscal year 2014 and up to $3,000,000	158734
in fiscal year 2015 shall be used for the New Leaders for Ohio	158735
Schools Pilot Project in accordance with Section 733.40 of this	158736
act.	158737

The remainder of appropriation item 200550, Foundation	158738
Funding, shall be used to distribute the amounts calculated for	158739
formula aid under section 3317.022 of the Revised Code and the	158740
section of this act entitled "TEMPORARY TRANSITIONAL AID FOR CITY,	158741
LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS."	158742

Appropriation items 200502, Pupil Transportation, 200540,	158743
Special Education Enhancements, and 200550, Foundation Funding,	158744
other than specific set-asides, are collectively used in each	158745
fiscal year to pay state formula aid obligations for school	158746
districts, community schools, STEM schools, college preparatory	158747
boarding schools, and joint vocational school districts under this	158748
act. The first priority of these appropriation items, with the	158749
exception of specific set-asides, is to fund state formula aid	158750
obligations. It may be necessary to reallocate funds among these	158751
appropriation items or use excess funds from other general revenue	158752
fund appropriation items in the Department of Education's budget	158753
in each fiscal year, in order to meet state formula aid	158754
obligations. If it is determined that it is necessary to transfer	158755
funds among these appropriation items or to transfer funds from	158756
other General Revenue Fund appropriations in the Department of	158757
Education's budget to meet state formula aid obligations, the	158758
Department of Education shall seek approval from the Controlling	158759
Board to transfer funds as needed.	158760

The Superintendent of Public Instruction shall make payments,	158761
transfers, and deductions, as authorized by Title XXXIII of the	158762
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and	158763
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in	158764
amounts substantially equal to those made in the prior year, or	158765
otherwise, at the discretion of the Superintendent, until at least	158766
the effective date of the amendments and enactments made to Title	158767
XXXIII by this act. If a new school district, community school, or	158768
STEM school opens prior to the effective date of this act, the	158769
Department of Education shall pay to the district or school an	158770
amount of $5,000 per pupil, based upon the estimated number of	158771
students that the district or school is expected to serve. Any	158772
funds paid to districts or schools under this section shall be	158773
credited toward the annual funds calculated for the district or	158774
school after the changes made to Title XXXIII in this act are	158775
effective. Upon the effective date of changes made to Title XXXIII	158776
in this act, funds shall be calculated as an annual amount.	158777

Section 263.240. TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL,	158778
AND EXEMPTED VILLAGE SCHOOL DISTRICTS	158779

The Department of Education shall distribute funds within	158780
appropriation item 200550, Foundation Funding, for temporary	158781
transitional aid in each fiscal year to each qualifying city,	158782
local, and exempted village school district.	158783

(A) For fiscal years 2014 and 2015, the Department shall pay	158784
temporary transitional aid to each city, local, or exempted	158785
village school district that experiences any decrease in its state	158786
foundation funding for the current fiscal year from its	158787
transitional aid guarantee base. The amount of the temporary	158788
transitional aid payment shall equal the difference between its	158789
foundation funding for the current fiscal year and its	158790
transitional aid guarantee base. If the computation made under	158791
this division results in a negative number, the district's funding	158792
under this division shall be zero.	158793

(1) As used in this section, foundation funding for each	158794
city, local, and exempted village school district for a given	158795
fiscal year equals the sum of the amount calculated for the	158796
district under section 3317.022 of the Revised Code, as re-enacted	158797
by this act, and the amounts calculated for the district under	158798
divisions (G)(1) and (2) of section 3317.0212 of the Revised Code,	158799
as amended by this act, for that fiscal year.	158800

(2) The transitional aid guarantee base for each city, local,	158801
and exempted village school district equals the sum of the amounts	158802
computed for the district for fiscal year 2013, under Sections	158803
267.30.50, 267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the	158804
129th General Assembly. The Department of Education shall adjust,	158805
as necessary, the transitional aid guarantee base of any local	158806
school district that participates in the establishment of a joint	158807
vocational school district that begins receiving payments under	158808
section 3317.16 of the Revised Code, as re-enacted by this act,	158809
for fiscal year 2014, but does not receive payments under Section	158810
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, for	158811
fiscal year 2013. The Department shall adjust any such local	158812
school district's guarantee base according to the amounts received	158813
by the district in fiscal year 2013 for career-technical education	158814
students who attend the newly established joint vocational school	158815
district in fiscal year 2014.	158816

(B)(1) Notwithstanding section 3317.022 of the Revised Code,	158817
as re-enacted by this act, in fiscal year 2014, no city, local, or	158818
exempted village school district shall be allocated foundation	158819
funding that is greater than 1.0625 times the district's	158820
transitional aid guarantee base.	158821

(2) Notwithstanding section 3317.022 of the Revised Code, as	158822
re-enacted by this act, in fiscal year 2015, no city, local, or	158823
exempted village school district shall be allocated foundation	158824
funding that is greater than 1.105 times the amount computed for	158825
foundation funding for the district for fiscal year 2014 plus any	158826
amount calculated for temporary transitional aid for fiscal year	158827
2014 under division (A) of this section and after any reductions	158828
made for fiscal year 2014 under division (B)(1) of this section.	158829

(3) The Department shall reduce a district's payments under	158830
divisions (A)(1), (2), (4), (5), (6), and (7) of section 3317.022	158831
of the Revised Code, as re-enacted by this act, and divisions	158832
(G)(1) and (2) of section 3317.0212 of the Revised Code, as	158833
amended by this act, proportionately as necessary in order to	158834
comply with this division. If those amounts are insufficient, the	158835
Department shall proportionately reduce a district's payments	158836
under divisions (A)(3), (8), and (9) of section 3317.022 of the	158837
Revised Code, as re-enacted by this act.	158838

Section 263.250. TEMPORARY TRANSITIONAL AID FOR JOINT	158839
VOCATIONAL SCHOOL DISTRICTS	158840

The Department of Education shall distribute funds within	158841
appropriation item 200550, Foundation Funding, for temporary	158842
transitional aid in each fiscal year to each qualifying joint	158843
vocational school district.	158844

(A) For fiscal years 2014 and 2015, the Department shall pay	158845
temporary transitional aid to each joint vocational school	158846
district that experiences any decrease in its state core	158847
foundation funding under division (A) of section 3317.16 of the	158848
Revised Code, as re-enacted by this act, for the current fiscal	158849
year from its transitional aid guarantee base. The amount of the	158850
temporary transitional aid payment shall equal the difference	158851
between the district's funding under division (A) of section	158852
3317.16 of the Revised Code for the current fiscal year and its	158853
transitional aid guarantee base. If the computation made under	158854
this division results in a negative number, the district's funding	158855
under this division shall be zero.	158856

The transitional aid guarantee base for each joint vocational	158857
school district equals the amount computed for the district for	158858
fiscal year 2013, under Section 267.30.60 of Am. Sub. H.B. 153 of	158859
the 129th General Assembly. The Department of Education shall	158860
establish, as necessary, the transitional aid guarantee base of	158861
any joint vocational school district that begins receiving	158862
payments under section 3317.16 of the Revised Code, as re-enacted	158863
by this act, for fiscal year 2014, but does not receive payments	158864
under Section 267.30.60 of Am. Sub. H.B. 153 of the 129th General	158865
Assembly, for fiscal year 2013. The Department shall establish any	158866
such joint vocational school district's guarantee base as an	158867
amount equal to the absolute value of the sum of the associated	158868
adjustments of any local school districts' guarantee bases under	158869
Section 263.240 of this act.	158870

(B)(1) Notwithstanding division (A) of section 3317.16 of the	158871
Revised Code, as re-enacted by this act, in fiscal year 2014, no	158872
joint vocational school district shall be allocated state core	158873
foundation funding, as computed under division (A) of section	158874
3317.16 of the Revised Code, as re-enacted by this act, that is	158875
greater than 1.0625 times the district's transitional aid	158876
guarantee base.	158877

(2) Notwithstanding division (A) of section 3317.16 of the	158878
Revised Code, as re-enacted by this act, in fiscal year 2015, no	158879
joint vocational school district shall be allocated state core	158880
foundation funding, under division (A) of section 3317.16 of the	158881
Revised Code, as re-enacted by this act, that is greater than	158882
1.105 times the amount computed for state core foundation funding	158883
for the district for fiscal year 2014 under division (A) of	158884
section 3317.16 of the Revised Code, as re-enacted by this act,	158885
plus any amount calculated for temporary transitional aid for	158886
fiscal year 2014 under division (A) of this section and after any	158887
reductions made for fiscal year 2014 under division (B)(1) of this	158888
section.	158889

(3) The Department shall reduce a district's payments under	158890
divisions (A)(1), (3), and (4) of section 3317.16 of the Revised	158891
Code, as re-enacted by this act, proportionately as necessary in	158892
order to comply with this division. If those amounts are	158893
insufficient, the Department shall proportionately reduce a	158894
district's payments under divisions (A)(2), (5), and (6) of	158895
section 3317.16 of the Revised Code, as re-enacted by this act.	158896

Section 263.251. (A) For the 2013-2014 school year, each	158897
city, local, exempted village, and joint vocational school	158898
district shall continue to report the average daily membership of	158899
students receiving service from the district during the first full	158900
week of October according to the schedule for those reports	158901
prescribed by section 3317.03 of the Revised Code as amended by	158902
this act.	158903

(B) During the 2013-2014 school year, the Department of	158904
Education shall convene a group of representatives of school	158905
districts from throughout the state to assist and advise in the	158906
development of the guidelines, policies, and reports that will be	158907
necessary to implement a reporting of an annualized full-time	158908
equivalent student enrollment. The Department shall develop the	158909
guidelines and policies required to implement changes to section	158910
3317.03 of the Revised Code in a manner that will ensure students	158911
are accurately accounted for in the enrollment data of each	158912
district.	158913

Section 263.255. LITERACY IMPROVEMENT

158914

The foregoing appropriation item 200566, Literacy	158915
Improvement, shall be used for Read Baby Read.	158916

Section 263.260. PROPERTY TAX ALLOCATION - EDUCATION

158917

The Superintendent of Public Instruction shall not request,	158918
and the Controlling Board shall not approve, the transfer of	158919
appropriation from appropriation item 200901, Property Tax	158920
Allocation - Education, to any other appropriation item.	158921

The appropriation item 200901, Property Tax Allocation -	158922
Education, is appropriated to pay for the state's costs incurred	158923
because of the homestead exemption, the property tax rollback, and	158924
payments required under division (C) of section 5705.2110 of the	158925
Revised Code. In cooperation with the Department of Taxation, the	158926
Department of Education shall distribute these funds directly to	158927
the appropriate school districts of the state, notwithstanding	158928
sections 321.24 and 323.156 of the Revised Code, which provide for	158929
payment of the homestead exemption and property tax rollback by	158930
the Tax Commissioner to the appropriate county treasurer and the	158931
subsequent redistribution of these funds to the appropriate local	158932
taxing districts by the county auditor.	158933

Upon receipt of these amounts, each school district shall	158934
distribute the amount among the proper funds as if it had been	158935
paid as real or tangible personal property taxes. Payments for the	158936
costs of administration shall continue to be paid to the county	158937
treasurer and county auditor as provided for in sections 319.54,	158938
321.26, and 323.156 of the Revised Code.	158939

Any sums, in addition to the amount specifically appropriated	158940
in appropriation items 200901, Property Tax Allocation -	158941
Education, for the homestead exemption and the property tax	158942
rollback payments, and payments required under division (C) of	158943
section 5705.2110 of the Revised Code, which are determined to be	158944
necessary for these purposes, are hereby appropriated.	158945

Section 263.270. TEACHER CERTIFICATION AND LICENSURE

158946

The foregoing appropriation item 200681, Teacher	158947
Certification and Licensure, shall be used by the Department of	158948
Education in each year of the biennium to administer and support	158949
teacher certification and licensure activities.	158950

SCHOOL DISTRICT SOLVENCY ASSISTANCE

158951

(A) Of the foregoing appropriation item 200687, School	158952
District Solvency Assistance, $20,000,000 in each fiscal year	158953
shall be allocated to the School District Shared Resource Account	158954
and $5,000,000 in each fiscal year shall be allocated to the	158955
Catastrophic Expenditures Account. These funds shall be used to	158956
provide assistance and grants to school districts to enable them	158957
to remain solvent under section 3316.20 of the Revised Code.	158958
Assistance and grants shall be subject to approval by the	158959
Controlling Board. Except as provided under division (C) of this	158960
section, any required reimbursements from school districts for	158961
solvency assistance shall be made to the appropriate account in	158962
the School District Solvency Assistance Fund (Fund 5H30).	158963

(B) Notwithstanding any provision of law to the contrary,	158964
upon the request of the Superintendent of Public Instruction, the	158965
Director of Budget and Management may make transfers to the School	158966
District Solvency Assistance Fund (Fund 5H30) from any fund used	158967
by the Department of Education or the General Revenue Fund to	158968
maintain sufficient cash balances in Fund 5H30 in fiscal years	158969
2014 and 2015. Any cash transferred is hereby appropriated. The	158970
transferred cash may be used by the Department of Education to	158971
provide assistance and grants to school districts to enable them	158972
to remain solvent and to pay unforeseeable expenses of a temporary	158973
or emergency nature that the school district is unable to pay from	158974
existing resources. The Director of Budget and Management shall	158975
notify the members of the Controlling Board of any such transfers.	158976

(C) If the cash balance of the School District Solvency	158977
Assistance Fund (Fund 5H30) is insufficient to pay solvency	158978
assistance in fiscal years 2014 and 2015, at the request of the	158979
Superintendent of Public Instruction, and with the approval of the	158980
Controlling Board, the Director of Budget and Management may	158981
transfer cash from the Lottery Profits Education Reserve Fund	158982
(Fund 7018) to Fund 5H30 to provide assistance and grants to	158983
school districts to enable them to remain solvent and to pay	158984
unforeseeable expenses of a temporary nature that they are unable	158985
to pay from existing resources under section 3316.20 of the	158986
Revised Code. Such transfers are hereby appropriated to	158987
appropriation item 200670, School District Solvency Assistance –	158988
Lottery. Any required reimbursements from school districts for	158989
solvency assistance granted from appropriation item 200670, School	158990
District Solvency Assistance – Lottery, shall be made to Fund	158991
7018.	158992

Section 263.280. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS

158993

Upon the request of the Superintendent of Public Instruction,	158994
the Director of Budget and Management may transfer up to $750,000	158995
cash in each fiscal year from the General Revenue Fund to the	158996
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The	158997
transferred cash is to be used by the Department of Education to	158998
pay the expenses the Department incurs in administering the	158999
Medicaid School Component of the Medicaid program established	159000
under sections 5162.36 to 5162.364 of the Revised Code. On June 1	159001
of each fiscal year, or as soon as possible thereafter, the	159002
Director of Budget and Management shall transfer cash from Fund	159003
3AF0 back to the General Revenue Fund in an amount equal to the	159004
total amount transferred to Fund 3AF0 in that fiscal year.	159005

The money deposited into Fund 3AF0 under division (B) of	159006
section 5162.64 of the Revised Code is hereby appropriated for	159007
fiscal years 2014 and 2015 and shall be used in accordance with	159008
division (C) of section 5162.64 of the Revised Code.	159009

Section 263.290. HALF-MILL MAINTENANCE EQUALIZATION

159010

The foregoing appropriation item 200626, Half-Mill	159011
Maintenance Equalization, shall be used to make payments pursuant	159012
to section 3318.18 of the Revised Code.	159013

Section 263.300. GATES FOUNDATION GRANTS

159014

The foregoing appropriation item 200668, Gates Foundation	159015
Grants, shall be used by the Department of Education to provide	159016
professional development to school district principals,	159017
superintendents, and other administrative staff on the use of	159018
education technology.	159019

Section 263.310. AUXILIARY SERVICES REIMBURSEMENT

159020

Notwithstanding section 3317.064 of the Revised Code, if the	159021
unexpended, unencumbered cash balance is sufficient, the Treasurer	159022
of State shall transfer $1,500,000 in fiscal year 2014 within	159023
thirty days after the effective date of this section, and	159024
$1,500,000 in fiscal year 2015 by August 1, 2014, from the	159025
Auxiliary Services Personnel Unemployment Compensation Fund to the	159026
Auxiliary Services Reimbursement Fund (Fund 5980) used by the	159027
Department of Education.	159028

Section 263.320. LOTTERY PROFITS EDUCATION FUND

159029

Appropriation item 200612, Foundation Funding (Fund 7017),	159030
shall be used in conjunction with appropriation item 200550,	159031
Foundation Funding (GRF), to provide state foundation payments to	159032
school districts.	159033

The Department of Education, with the approval of the	159034
Director of Budget and Management, shall determine the monthly	159035
distribution schedules of appropriation item 200550, Foundation	159036
Funding (GRF), and appropriation item 200612, Foundation Funding	159037
(Fund 7017). If adjustments to the monthly distribution schedule	159038
are necessary, the Department of Education shall make such	159039
adjustments with the approval of the Director of Budget and	159040
Management.	159041

STRAIGHT A FUND

159042

Of the foregoing appropriation item 200648, Straight A Fund,	159043
up to $70,000 in each fiscal year shall be used by Kids Unlimited	159044
of Toledo for quality after-school tutoring and mentoring programs	159045
in two elementary school buildings in Lucas County. The school	159046
buildings may include any community school, chartered nonpublic	159047
school, or building that is part of a city, local, or exempted	159048
village school district. Kids Unlimited of Toledo shall provide	159049
local matching funds equal to the set-aside.	159050

Of the foregoing appropriation item 200648, Straight A Fund,	159051
up to $250,000 in each fiscal year may be used to make competitive	159052
grants in accordance with Section 263.324 of this act.	159053

Of the foregoing appropriation item 200648, Straight A Fund,	159054
up to $6,000,000 in fiscal year 2014 shall be distributed to the	159055
Cleveland Municipal School District to be used, as determined by	159056
the Department of Education, to implement provisions of Am. Sub.	159057
H.B. 525 of the 129th General Assembly.	159058

Of the foregoing appropriation item 200648, Straight A Fund,	159059
up to $5,000,000 in each fiscal year shall be provided to school	159060
districts that meet the conditions prescribed in division (G)(3)	159061
of section 3317.0212 of the Revised Code to support innovations	159062
that improve the efficiency of pupil transportation. This may	159063
include, but is not limited to, the purchase of buses and other	159064
equipment. The Department of Education shall distribute these	159065
funds to districts based on each district's qualifying ridership	159066
as reported under division (B) of section 3317.0212 of the Revised	159067
Code.	159068

The remainder of appropriation item 200648, Straight A Fund,	159069
shall be used to make competitive grants in accordance with	159070
Section 263.325 of this act.	159071

EDCHOICE EXPANSION

159072

The foregoing appropriation item 200666, EdChoice Expansion,	159073
shall be used as follows:	159074

(A) In fiscal year 2014, notwithstanding section 3310.032 of	159075
the Revised Code, the Department of Education shall administer an	159076
expansion of the Educational Choice Scholarship program as	159077
follows:	159078

(1) A student is an "eligible student" for purposes of the	159079
expansion of the Educational Choice Scholarship Pilot Program	159080
under division (A) of this section if the student's resident	159081
district is not a school district in which the pilot project	159082
scholarship program is operating under sections 3313.974 to	159083
3313.979 of the Revised Code and the student's family income is at	159084
or below two hundred per cent of the federal poverty guidelines,	159085
as defined in section 5101.46 of the Revised Code.	159086

(2) The Department shall pay scholarships to attend chartered	159087
nonpublic schools in accordance with section 3310.08 of the	159088
Revised Code. The number of scholarships awarded under division	159089
(A) of this section shall not exceed the number that can be funded	159090
with appropriations made by the general assembly for this purpose.	159091

(3) Scholarships under division (A) of this section shall be	159092
awarded for the 2013-2014 school year, to eligible students who	159093
are entering kindergarten in that school year for the first time.	159094

(4) If the number of eligible students who apply for a	159095
scholarship exceeds the scholarships available based on the	159096
appropriation for division (A) of this section, the department	159097
shall award scholarships in the following order of priority:	159098

(a) First, to eligible students with family incomes at or	159099
below one hundred per cent of the federal poverty guidelines.	159100

(b) Second, to other eligible students who qualify under	159101
division (A) of this section. If the number of students described	159102
in division (A)(4)(b) of this section exceeds the number of	159103
available scholarships after awards are made under division	159104
(A)(4)(a) of this section, the department shall select students	159105
described in division (A)(4)(b) of this section by lot to receive	159106
any remaining scholarships.	159107

(5) A student who receives a scholarship under division (A)	159108
of this section remains an eligible student and may continue to	159109
receive scholarships under section 3310.032 of the Revised Code in	159110
subsequent school years until the student completes grade twelve,	159111
so long as the student satisfies the conditions specified in	159112
divisions (E)(2) and (3) of section 3310.03 of the Revised Code.	159113

Once a scholarship is awarded under this section, the student	159114
shall remain eligible for that scholarship for the current and	159115
subsequent school years, even if the student's family income rises	159116
above the amount specified in division (A) of section 3310.032 of	159117
the Revised Code, provided the student remains enrolled in a	159118
chartered nonpublic school.	159119

(B) In fiscal year 2015, to provide for the scholarships	159120
awarded under the expansion of the educational choice program	159121
established under section 3310.032 of the Revised Code. The number	159122
of scholarships awarded under the expansion of the educational	159123
choice program shall not exceed the number that can be funded with	159124
the appropriations made by the General Assembly for this purpose.	159125

COMMUNITY SCHOOL FACILITIES

159126

The foregoing appropriation item 200684, Community School	159127
Facilities, shall be used to pay each community school established	159128
under Chapter 3314. of the Revised Code that is not an internet-	159129
or computer-based community school and each STEM school	159130
established under Chapter 3326. of the Revised Code an amount	159131
equal to $100 for each full-time equivalent pupil for assistance	159132
with the cost associated with facilities. If the amount	159133
appropriated is not sufficient, the Department of Education shall	159134
prorate the amounts so that the aggregate amount appropriated is	159135
not exceeded.	159136

Section 263.324. (A) A program that has applied for or	159137
received a Promise Neighborhood Implementation Grant from the	159138
United States Department of Education that is located in a city	159139
school district may apply to the Ohio Department of Education for	159140
a grant under this section.	159141

(B) To be eligible to receive a grant, a program shall meet	159142
either of the following criteria:	159143

(1) The program was awarded a Promise Neighborhood	159144
Implementation Grant in the year for which a grant is sought from	159145
the Ohio Department of Education.	159146

(2) The program applied to the United States Department of	159147
Education for a Promise Neighborhood Implementation Grant in	159148
either the year for which the state grant is sought or in the year	159149
prior to which the state grant is sought.	159150

(C) A program that receives a grant from the Ohio Department	159151
of Education under this section shall use the funds for	159152
administrative costs associated with the Promise Neighborhood	159153
Program.	159154

(D) Any program that receives a grant from the Ohio	159155
Department of Education under this section shall contribute local	159156
matching funds that are equal to the amount of the grant received	159157
by the Department.	159158

Section 263.325. (A) The Straight A Program is hereby created	159159
for fiscal years 2014 and 2015 to provide grants to city, local,	159160
exempted village, and joint vocational school districts,	159161
educational service centers, community schools established under	159162
Chapter 3314., STEM schools established under Chapter 3326.,	159163
college-preparatory boarding schools established under Chapter	159164
3328. of the Revised Code, individual school buildings, education	159165
consortia (which may represent a partnership among school	159166
districts, school buildings, community schools, or STEM schools),	159167
institutions of higher education, and private entities partnering	159168
with one or more of the educational entities identified in this	159169
division for projects that aim to achieve significant advancement	159170
in one or more of the following goals:	159171

(1) Student achievement;

159172

(2) Spending reduction in the five-year fiscal forecast	159173
required under section 5705.391 of the Revised Code;	159174

(3) Utilization of a greater share of resources in the	159175
classroom.	159176

(B)(1) Grants shall be awarded by a nine-member governing	159177
board consisting of the Superintendent of Public Instruction, or	159178
the Superintendent's designee, four members appointed by the	159179
Governor, two members appointed by the Speaker of the House of	159180
Representatives, and two members appointed by the President of the	159181
Senate. The Department of Education shall provide administrative	159182
support to the board. No member shall be compensated for the	159183
member's service on the board.	159184

(2) The board shall select grant advisors with fiscal	159185
expertise and education expertise. These advisors shall evaluate	159186
proposals from grant applicants and advise the staff administering	159187
the program. No advisor shall be compensated for this service.	159188

(3) The board shall issue an annual report to the Governor,	159189
the Speaker of the House of Representatives, the President of the	159190
Senate, and the chairpersons of the House and Senate committees	159191
that primarily deal with education regarding the types of grants	159192
awarded, the grant recipients, and the effectiveness of the grant	159193
program.	159194

(4) The board shall create a grant application and publish on	159195
the Department's web site the application and timeline for the	159196
submission, review, notification, and awarding of grant proposals.	159197

(5) With the approval of the board, the Department shall	159198
establish a system for evaluating and scoring the grant	159199
applications received under this section.	159200

(C) Each grant applicant shall submit a proposal that	159201
includes all of the following:	159202

(1) A description of the project for which the applicant is	159203
seeking a grant, including a description of how the project will	159204
have substantial value and lasting impact;	159205

(2) An explanation of how the project will be	159206
self-sustaining. If the project will result in increased ongoing	159207
spending, the applicant shall show how the spending will be offset	159208
by verifiable, credible, permanent spending reductions.	159209

(3) A description of quantifiable results of the project that	159210
can be benchmarked.	159211

If an education consortia described in division (A) of this	159212
section applies for a grant, the lead applicant shall be the	159213
school district, school building, community school, or STEM school	159214
that is a member of the consortia and shall so indicate on the	159215
grant application.	159216

(D)(1) Within seventy-five days after receiving a grant	159217
application, the board shall issue a decision on the application	159218
of "yes," "no," "hold," or "edit." In making its decision, the	159219
board shall consider whether the project has the capability of	159220
being replicated in other school districts and schools or creates	159221
something that can be used in other districts and schools. A grant	159222
awarded under this section to a school district, educational	159223
service center, community school, STEM school, college-preparatory	159224
boarding school, individual school building, institution of higher	159225
education, or private entity partnering with one or more of the	159226
educational entities identified in division (A) of this section	159227
shall not exceed $5,000,000 in each fiscal year. A grant awarded	159228
to an education consortia shall not exceed $15,000,000 in each	159229
fiscal year. The Superintendent of Public Instruction may make	159230
recommendations to the Controlling Board that these maximum	159231
amounts be exceeded. Upon Controlling Board approval, grants may	159232
be awarded in excess of these amounts.	159233

(2) If the board issues a "hold" or "edit" decision for an	159234
application, it shall, upon returning the application to the	159235
applicant, specify the process for reconsideration of the	159236
application. An applicant may work with the grant advisors and	159237
staff to modify or improve a grant application.	159238

(E) Upon deciding to award a grant to an applicant, the board	159239
shall enter into a grant agreement with the applicant that	159240
includes all of the following:	159241

(1) The content of the applicant's proposal as outlined under	159242
division (C) of this section;	159243

(2) The project's deliverables and a timetable for their	159244
completion;	159245

(3) Conditions for receiving grant funding;

159246

(4) Conditions for receiving funding in future years if the	159247
contract is a multi-year contract;	159248

(5) A provision specifying that funding will be returned to	159249
the board if the applicant fails to implement the agreement, as	159250
determined by the Auditor of State.	159251

(6) A provision specifying that the agreement may be amended	159252
by mutual agreement between the board and the applicant.	159253

(F) An advisory committee for the Straight A Program is	159254
hereby established. The committee shall consist of not more than	159255
eleven members appointed by the Governor that represent all areas	159256
of the state and different interests. The committee shall annually	159257
review the Straight A Program and provide strategic advice to the	159258
governing board and the Director of the Governor's Office of 21st	159259
Century Education.	159260

(G) Each grant awarded under this section shall be subject to	159261
approval by the Controlling Board prior to execution of the grant	159262
agreement.	159263

Section 263.330. LOTTERY PROFITS EDUCATION RESERVE FUND

159264

(A) There is hereby created the Lottery Profits Education	159265
Reserve Fund (Fund 7018) in the State Treasury. Investment	159266
earnings of the Lottery Profits Education Reserve Fund shall be	159267
credited to the fund.	159268

(B) Notwithstanding any other provision of law to the	159269
contrary, the Director of Budget and Management may transfer cash	159270
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017)	159271
in fiscal year 2014 and fiscal year 2015.	159272

(C) On July 15, 2013, or as soon as possible thereafter, the	159273
Director of the Ohio Lottery Commission shall certify to the	159274
Director of Budget and Management the amount by which lottery	159275
profit transfers received by Fund 7017 exceeded $680,500,000 in	159276
fiscal year 2013.	159277

(D) On July 15, 2014, or as soon as possible thereafter, the	159278
Director of the Ohio Lottery Commission shall certify to the	159279
Director of Budget and Management the amount by which lottery	159280
profit transfers received by Fund 7017 exceeded $841,000,000 in	159281
fiscal year 2014.	159282

(E) Notwithstanding any provision of law to the contrary, in	159283
fiscal year 2014 and fiscal year 2015, the Director of Budget and	159284
Management may transfer cash in excess of the amounts necessary to	159285
support appropriations in Fund 7017 from that fund to Fund 7018.	159286

Section 263.340. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	159287
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)	159288

Notwithstanding any provision of law to the contrary, in	159289
fiscal year 2014 and fiscal year 2015 the Director of Budget and	159290
Management may make temporary transfers between the General	159291
Revenue Fund and the School District Property Tax Replacement –	159292
Business Fund (Fund 7047), used by the Department of Education, to	159293
ensure sufficient balances in Fund 7047 and to replenish the	159294
General Revenue Fund for such transfers.	159295

Section 263.350. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	159296
BUSINESS	159297

The foregoing appropriation item 200909, School District	159298
Property Tax Replacement – Business, shall be used by the	159299
Department of Education, in consultation with the Department of	159300
Taxation, to make payments to school districts and joint	159301
vocational school districts under section 5751.21 of the Revised	159302
Code. If it is determined by the Director of Budget and Management	159303
that additional appropriations are necessary for this purpose,	159304
such amounts are hereby appropriated.	159305

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

159306

The foregoing appropriation item 200900, School District	159307
Property Tax Replacement-Utility, shall be used by the Department	159308
of Education, in consultation with the Department of Taxation, to	159309
make payments to school districts and joint vocational school	159310
districts under section 5727.85 of the Revised Code. If it is	159311
determined by the Director of Budget and Management that	159312
additional appropriations are necessary for this purpose, such	159313
amounts are hereby appropriated.	159314

DISTRIBUTION FORMULAS

159315

The Department of Education shall report the following to the	159316
Director of Budget and Management and the Legislative Service	159317
Commission:	159318

(A) Changes in formulas for distributing state	159319
appropriations, including administratively defined formula	159320
factors;	159321

(B) Discretionary changes in formulas for distributing	159322
federal appropriations;	159323

(C) Federally mandated changes in formulas for distributing	159324
federal appropriations.	159325

Any such changes shall be reported two weeks prior to the	159326
effective date of the change.	159327

Section 263.360. EDUCATIONAL SERVICE CENTERS FUNDING

159328

In fiscal year 2014, the Department of Education shall pay	159329
the governing board of each primary educational service center	159330
state funds equal to thirty-seven dollars times its student count,	159331
as calculated under division (G)(1) of section 3313.843 of the	159332
Revised Code.	159333

In fiscal year 2015, the Department of Education shall pay	159334
the governing board of each primary educational service center	159335
state funds equal to thirty-five dollars times its student count,	159336
as calculated under division (G)(1) of section 3313.843 of the	159337
Revised Code.	159338

If the amount earmarked for the state reimbursement of	159339
educational service centers in appropriation item 200550,	159340
Foundation Funding, is not sufficient, the Department of Education	159341
shall prorate the payment amounts so that the appropriation is not	159342
exceeded.	159343

Notwithstanding any provision of law to the contrary, the	159344
Department of Education shall modify the payments under this	159345
section as follows:	159346

(A) If an educational service center ceases operation, the	159347
Department shall redistribute that center's funding, as calculated	159348
under this section, to the remaining centers in proportion to each	159349
center's service center ADM as defined in former section 3317.11	159350
of the Revised Code, as that section existed prior to the date of	159351
its repeal.	159352

(B) If two or more educational service centers merge	159353
operations to create a single service center, the Department shall	159354
distribute the sum of the original service centers' funding, as	159355
calculated under this section, to the new service center.	159356

Section 263.370. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	159357
ASSESSMENT OF EDUCATION PROGRESS	159358

The General Assembly intends for the Superintendent of Public	159359
Instruction to provide for school district participation in the	159360
administration of the National Assessment of Education Progress in	159361
accordance with section 3301.27 of the Revised Code. Each school	159362
and school district selected for participation by the	159363
Superintendent of Public Instruction shall participate.	159364

Section 263.373. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH	159365
STUDENTS	159366

(A) As used in this section:

159367

(1) "IEP" has the same meaning as in section 3323.01 of the	159368
Revised Code.	159369

(2) "SBH student" means a student receiving special education	159370
and related services for severe behavior disabilities pursuant to	159371
an IEP.	159372

(B) This section applies only to a community school	159373
established under Chapter 3314. of the Revised Code that in each	159374
of fiscal years 2014 and 2015 enrolls a number of SBH students	159375
equal to at least fifty per cent of the total number of students	159376
enrolled in the school in the applicable fiscal year.	159377

(C) In addition to any state foundation payments made, in	159378
each of fiscal years 2014 and 2015, the Department of Education	159379
shall pay to a community school to which this section applies a	159380
subsidy equal to the difference between the aggregate amount	159381
calculated and paid in that fiscal year to the community school	159382
for special education and related services additional weighted	159383
costs for the SBH students enrolled in the school and the	159384
aggregate amount that would have been calculated for the school	159385
for special education and related services additional weighted	159386
costs for those same students in fiscal year 2001. If the	159387
difference is a negative number, the amount of the subsidy shall	159388
be zero.	159389

(D) The amount of any subsidy paid to a community school	159390
under this section shall not be deducted from the school district	159391
in which any of the students enrolled in the community school are	159392
entitled to attend school under section 3313.64 or 3313.65 of the	159393
Revised Code. The amount of any subsidy paid to a community school	159394
under this section shall be paid from funds appropriated to the	159395
Department of Education in appropriation item 200550, Foundation	159396
Funding.	159397

Section 263.380. EARMARK ACCOUNTABILITY

159398

At the request of the Superintendent of Public Instruction,	159399
any entity that receives a budget earmark under the Department of	159400
Education shall submit annually to the chairpersons of the	159401
committees of the House of Representatives and the Senate	159402
primarily concerned with education and to the Department of	159403
Education a report that includes a description of the services	159404
supported by the funds, a description of the results achieved by	159405
those services, an analysis of the effectiveness of the program,	159406
and an opinion as to the program's applicability to other school	159407
districts. For an earmarked entity that received state funds from	159408
an earmark in the prior fiscal year, no funds shall be provided by	159409
the Department of Education to an earmarked entity for a fiscal	159410
year until its report for the prior fiscal year has been	159411
submitted.	159412

Section 263.390. COMMUNITY SCHOOL OPERATING FROM HOME

159413

A community school established under Chapter 3314. of the	159414
Revised Code that was open for operation as a community school as	159415
of May 1, 2005, may operate from or in any home, as defined in	159416
section 3313.64 of the Revised Code, located in the state,	159417
regardless of when the community school's operations from or in a	159418
particular home began.	159419

Section 263.400. USE OF VOLUNTEERS

159420

The Department of Education may utilize the services of	159421
volunteers to accomplish any of the purposes of the Department.	159422
The Superintendent of Public Instruction shall approve for what	159423
purposes volunteers may be used and for these purposes may	159424
recruit, train, and oversee the services of volunteers. The	159425
Superintendent may reimburse volunteers for necessary and	159426
appropriate expenses in accordance with state guidelines and may	159427
designate volunteers as state employees for the purpose of motor	159428
vehicle accident liability insurance under section 9.83 of the	159429
Revised Code, for immunity under section 9.86 of the Revised Code,	159430
and for indemnification from liability incurred in the performance	159431
of their duties under section 9.87 of the Revised Code.	159432

Section 263.410. RESTRICTION OF LIABILITY FOR CERTAIN	159433
REIMBURSEMENTS	159434

(A) Except as expressly required under a court judgment not	159435
subject to further appeals, or a settlement agreement with a	159436
school district executed on or before June 1, 2009, in the case of	159437
a school district for which the formula ADM for fiscal year 2005,	159438
as reported for that fiscal year under division (A) of section	159439
3317.03 of the Revised Code, was reduced based on enrollment	159440
reports for community schools, made under section 3314.08 of the	159441
Revised Code, regarding students entitled to attend school in the	159442
district, which reduction of formula ADM resulted in a reduction	159443
of foundation funding or transitional aid funding for fiscal year	159444
2005, 2006, or 2007, no school district, except a district named	159445
in the court's judgment or the settlement agreement, shall have a	159446
legal claim for reimbursement of the amount of such reduction in	159447
foundation funding or transitional aid funding, and the state	159448
shall not have liability for reimbursement of the amount of such	159449
reduction in foundation funding or transitional aid funding.	159450

(B) As used in this section:

159451

(1) "Community school" means a community school established	159452
under Chapter 3314. of the Revised Code.	159453

(2) "Entitled to attend school" means entitled to attend	159454
school in a school district under section 3313.64 or 3313.65 of	159455
the Revised Code.	159456

(3) "Foundation funding" means payments calculated for the	159457
respective fiscal year under Chapter 3317. of the Revised Code.	159458

(4) "Transitional aid funding" means payments calculated for	159459
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95	159460
of the 125th General Assembly, as subsequently amended; Section	159461
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as	159462
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119	159463
of the 127th General Assembly.	159464

Section 263.420. UNAUDITABLE COMMUNITY SCHOOL

159465

(A) If the Auditor of State or a public accountant, pursuant	159466
to section 117.41 of the Revised Code, declares a community school	159467
established under Chapter 3314. of the Revised Code to be	159468
unauditable, the Auditor of State shall provide written	159469
notification of that declaration to the school, the school's	159470
sponsor, and the Department of Education. The Auditor of State	159471
also shall post the notification on the Auditor of State's web	159472
site.	159473

(B) Notwithstanding any provision to the contrary in Chapter	159474
3314. of the Revised Code or any other provision of law, a sponsor	159475
of a community school that is notified by the Auditor of State	159476
under division (A) of this section that a community school it	159477
sponsors is unauditable shall not enter into contracts with any	159478
additional community schools under section 3314.03 of the Revised	159479
Code until the Auditor of State or a public accountant has	159480
completed a financial audit of that school.	159481

(C) Not later than forty-five days after receiving	159482
notification by the Auditor of State under division (A) of this	159483
section that a community school is unauditable, the sponsor of the	159484
school shall provide a written response to the Auditor of State.	159485
The response shall include the following:	159486

(1) An overview of the process the sponsor will use to review	159487
and understand the circumstances that led to the community school	159488
becoming unauditable;	159489

(2) A plan for providing the Auditor of State with the	159490
documentation necessary to complete an audit of the community	159491
school and for ensuring that all financial documents are available	159492
in the future;	159493

(3) The actions the sponsor will take to ensure that the plan	159494
described in division (C)(2) of this section is implemented.	159495

(D) If a community school fails to make reasonable efforts	159496
and continuing progress to bring its accounts, records, files, or	159497
reports into an auditable condition within ninety days after being	159498
declared unauditable, the Auditor of State, in addition to	159499
requesting legal action under sections 117.41 and 117.42 of the	159500
Revised Code, shall notify the Department of the school's failure.	159501
If the Auditor of State or a public accountant subsequently is	159502
able to complete a financial audit of the school, the Auditor of	159503
State shall notify the Department that the audit has been	159504
completed.	159505

(E) Notwithstanding any provision to the contrary in Chapter	159506
3314. of the Revised Code or any other provision of law, upon	159507
notification by the Auditor of State under division (D) of this	159508
section that a community school has failed to make reasonable	159509
efforts and continuing progress to bring its accounts, records,	159510
files, or reports into an auditable condition following a	159511
declaration that the school is unauditable, the Department shall	159512
immediately cease all payments to the school under Chapter 3314.	159513
of the Revised Code and any other provision of law. Upon	159514
subsequent notification from the Auditor of State under that	159515
division that the Auditor of State or a public accountant was able	159516
to complete a financial audit of the community school, the	159517
Department shall release all funds withheld from the school under	159518
this section.	159519

Section 263.430. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

159520

In collaboration with the County Family and Children First	159521
Council, a city, local, or exempted village school district,	159522
community school, STEM school, joint vocational school district,	159523
educational service center, or county board of developmental	159524
disabilities that receives allocations from the Department of	159525
Education from appropriation item 200550, Foundation Funding, or	159526
appropriation item 200540, Special Education Enhancements, may	159527
transfer portions of those allocations to a flexible funding pool	159528
authorized by the Section of this act entitled "FAMILY AND	159529
CHILDREN FIRST FLEXIBLE FUNDING POOL." Allocations used for	159530
maintenance of effort or for federal or state funding matching	159531
requirements shall not be transferred unless the allocation may	159532
still be used to meet such requirements.	159533

Section 263.440. The Department of Education shall conduct	159534
for the 2014-2015 school year a formative evaluation of the Jon	159535
Peterson Special Needs Scholarship Program established under	159536
sections 3310.51 to 3310.64 of the Revised Code and shall report,	159537
not later than December 31, 2015, its findings to the General	159538
Assembly in accordance with section 101.68 of the Revised Code.	159539

In conducting the evaluation, the Department shall to the	159540
extent possible gather comments from parents who have been awarded	159541
scholarships under the program, school district officials,	159542
representatives of registered private providers, educators, and	159543
representatives of educational organizations for inclusion in the	159544
report required under this section.	159545

The Department may contract with one or more qualified	159546
researchers who have previous experience evaluating school choice	159547
programs to conduct this study. The Department may accept grants	159548
to assist in funding this study.	159549

Section 263.450. (A) The Ohio Open Enrollment Task Force is	159550
hereby established to review and make recommendations on open	159551
enrollment. The Superintendent of Public Instruction shall consult	159552
with the Governor's Office of 21st Century Education to convene a	159553
taskforce that consists of representatives from school districts	159554
that represent all sectors of Ohio's educational community.	159555

(B) The Superintendent shall designate the chairperson of the	159556
Task Force. All meetings of the Task Force shall be held at the	159557
call of the chairperson.	159558

(C) The Task Force shall review and make recommendations	159559
regarding the process by which students may enroll in other school	159560
districts under open enrollment and the funding mechanisms	159561
associated with open enrollment deductions and credits.	159562

(D) Not later than December 31, 2013, the Task Force shall	159563
issue a report of its findings and recommendations to the	159564
Governor, the President of the Senate, and the Speaker of the	159565
House of Representatives. Upon issuance of the report, the Task	159566
Force shall cease to exist.	159567

Section 263.470. (A)(1) On July 1, 2013, all	159568
responsibilities of the former eTech Ohio Commission related to	159569
the purchase of software services and supplies, the redistribution	159570
of hardware and software from closed community schools, and	159571
technology-related teacher professional development programs are	159572
transferred from the former eTech Ohio Commission to the	159573
Department of Education as described in sections 125.05, 3314.074,	159574
and 3319.235 of the Revised Code, as amended by this act. The	159575
Department is thereupon and thereafter successor to. assumes the	159576
obligations of, and otherwise constitutes the continuation of the	159577
eTech Ohio Commission relating to these responsibilities.	159578

(2) Any business related to these responsibilities commenced	159579
but not completed by the former eTech Ohio Commission shall be	159580
completed by the Department in the same manner, and with the same	159581
effect, as if completed by the eTech Ohio Commission. No	159582
validation, cure, right, privilege, remedy, obligation, or	159583
liability is lost or impaired by reason of the transfer, and shall	159584
be recognized, administered, performed, or enforced by the	159585
Department.	159586

(3) All of the rules of the eTech Ohio Commission related to	159587
these responsibilities continue in effect as rules of the	159588
Department, until amended or rescinded by the Department.	159589

(4) Any judicial or administrative action or proceeding	159590
related to these responsibilities, in which the eTech Ohio	159591
Commission is a party, that is pending on the effective date of	159592
this section is affected by the transfer. Such action or	159593
proceeding shall be prosecuted or defended in the name of the	159594
Department. On application to the court or other tribunal, the	159595
Department of Education shall be substituted for the eTech Ohio	159596
Commission as a party to such action or proceeding.	159597

(5) Subject to the layoff provisions of sections 124.321 to	159598
124.328 and division (D) of section 3353.03 of the Revised Code,	159599
as amended by this act, all employees of the former eTech Ohio	159600
Commission assigned to these responsibilities continue with the	159601
Department and retain their positions and all benefits accruing	159602
thereto.	159603

(6) All books, records, documents, files, transcripts,	159604
equipment, furniture, supplies, and other materials related to	159605
these responsibilities assigned to or in the possession of the	159606
former eTech Ohio Commission shall be transferred to the	159607
Department.	159608

(7) All employees of the former eTech Ohio Commission who	159609
transferred to the Department of Education upon the reconstitution	159610
of the Commission as prescribed by Section 278.20 of H.B. 59 of	159611
the 130th General Assembly and who when employed by that	159612
Commission or a predecessor agency were included in a bargaining	159613
unit established under Chapter 4117. of the Revised Code, shall	159614
continue to be included in that bargaining unit, are public	159615
employees as defined in section 4117.01 of the Revised Code, and	159616
may collectively bargain with the state Board of Education in	159617
accordance with that chapter. Otherwise, any employee hired by the	159618
Department after the reconstitution of the Commission, either to	159619
fill vacancies or to fill new positions related to the transferred	159620
employees' duties, shall be exempt from Chapter 4117. of the	159621
Revised Code and shall not be public employees as defined in	159622
section 4117.01 of the Revised Code.	159623

(B) On July 1, 2013, or as soon as possible thereafter,	159624
notwithstanding any provision of law to the contrary, and if	159625
requested by the Department of Education, the Director of Budget	159626
and Management shall make budget changes made necessary by the	159627
transfer of the operations and related management functions of the	159628
eTech Ohio Commission to the Department of Education, if any,	159629
including administrative organization, program transfers, the	159630
creation of new funds, the transfer of state funds, and the	159631
consolidation of funds, as authorized by this section. The	159632
Director of Budget and Management may, if necessary, establish	159633
encumbrances or parts of encumbrances in the fiscal year 2014-2015	159634
biennium in the appropriate fund and appropriation item for the	159635
same purpose and for payment to the same vendor. The established	159636
encumbrances plus any additional amounts determined to be	159637
necessary for the Ohio Department of Education to perform the	159638
operations and related management functions of the eTech Ohio	159639
Commission are hereby appropriated.	159640

(C) Effective July 1, 2013, the Director of Budget and	159641
Management shall cancel any existing encumbrances against	159642
appropriation item 935607, Gates Foundation Grants, and	159643
re-establish them against appropriation item 200668, Gates	159644
Foundation Grants. The re-established encumbrance amounts are	159645
hereby appropriated. Any business commenced but not completed	159646
under appropriation item 935607 by July 1, 2013, shall be	159647
completed under appropriation item 200668 in the same manner and	159648
with the same effect as if it were completed with regard to	159649
appropriation item 935607.	159650

(D) Effective July 1, 2013, the Director of Budget and	159651
Management shall cancel existing encumbrances against	159652
appropriation item 935408, General Operations, and re-establish	159653
them, as determined to be appropriate by the Director of Budget	159654
and Management, against appropriation item 200464, General	159655
Technology Operations. The re-established encumbrance amounts are	159656
hereby appropriated. Any business commenced but not completed	159657
under appropriation item 935408 by July 1, 2013, shall be	159658
completed, as determined to be appropriate by the Director of	159659
Budget and Management, under appropriation item 200464 in the same	159660
manner and with the same effect as if it were completed with	159661
regard to appropriation item 935408.	159662

(E) Effective July 1, 2013, the Director of Budget and	159663
Management shall cancel existing encumbrances against	159664
appropriation item 935411, Technology Integration and Professional	159665
Development, and re-establish them, as determined to be	159666
appropriate by the Director of Budget and Management, against	159667
appropriation item 200465, Technology Integration and Professional	159668
Development. The re-established encumbrance amounts are hereby	159669
appropriated. Any business commenced but not completed under	159670
appropriation item 935411 by July 1, 2013, shall be completed, as	159671
determined to be appropriate by the Director of Budget and	159672
Management, under appropriation item 200465 in the same manner and	159673
with the same effect as if it were completed with regard to	159674
appropriation item 935411.	159675

(F) There is hereby created the Educational Technology	159676
Practice Office as a cross-functional office comprised of	159677
employees of the Ohio Board of Regents and the Department of	159678
Education, including former employees of the eTech Ohio Commission	159679
transferred to the Ohio Board of Regents and the Department of	159680
Education. The Office shall work with educational service centers	159681
and information technology centers to develop digital learning,	159682
blended learning, and professional development materials using	159683
shared infrastructure. The Office shall also evaluate new	159684
educational technology and methodologies of teaching and learning	159685
and work with educators to increase awareness of such new	159686
technology and methodologies shown to be helpful to Ohio students.	159687

Section 263.473. Notwithstanding sections 3321.01 and 3324.10	159688
of the Revised Code, no student who was admitted to and	159689
successfully completed kindergarten in the 2012-2013 school year	159690
shall be required to repeat kindergarten based solely on the age	159691
of the student. As used in this section, "successfully completed	159692
kindergarten" means that the student attended kindergarten for not	159693
less than three-fourths of the school year.	159694

Section 263.480. PRIVATE TREATMENT FACILITY PROJECT

159695

(A) As used in this section:

159696

(1) The following are "participating residential treatment	159697
centers":	159698

(a) Private residential treatment facilities that have	159699
entered into a contract with the Department of Youth Services to	159700
provide services to children placed at the facility by the	159701
Department and which, in fiscal year 2014 or fiscal year 2015 or	159702
both, the Department pays through appropriation item 470401,	159703
RECLAIM Ohio;	159704

(b) Abraxas, in Shelby;

159705

159706

(d) F.I.R.S.T., in Mansfield.

159707

(2) "Education program" means an elementary or secondary	159708
education program or a special education program and related	159709
services.	159710

(3) "Served child" means any child receiving an education	159711
program pursuant to division (B) of this section.	159712

(4) "School district responsible for tuition" means a city,	159713
exempted village, or local school district that, if tuition	159714
payment for a child by a school district is required under law	159715
that existed in fiscal year 1998, is the school district required	159716
to pay that tuition.	159717

(5) "Residential child" means a child who resides in a	159718
participating residential treatment center and who is receiving an	159719
educational program under division (B) of this section.	159720

(B) A youth who is a resident of the state and has been	159721
assigned by a juvenile court or other authorized agency to a	159722
residential treatment facility specified in division (A) of this	159723
section shall be enrolled in an approved educational program	159724
located in or near the facility. Approval of the educational	159725
program shall be contingent upon compliance with the criteria	159726
established for such programs by the Department of Education. The	159727
educational program shall be provided by a school district or	159728
educational service center, or by the residential facility itself.	159729
Maximum flexibility shall be given to the residential treatment	159730
facility to determine the provider. In the event that a voluntary	159731
agreement cannot be reached and the residential facility does not	159732
choose to provide the educational program, the educational service	159733
center in the county in which the facility is located shall	159734
provide the educational program at the treatment center to	159735
children under twenty-two years of age residing in the treatment	159736
center.	159737

(C) Any school district responsible for tuition for a	159738
residential child shall, notwithstanding any conflicting provision	159739
of the Revised Code regarding tuition payment, pay tuition for the	159740
child for fiscal year 2014 and fiscal year 2015 to the education	159741
program provider and in the amount specified in this division. If	159742
there is no school district responsible for tuition for a	159743
residential child and if the participating residential treatment	159744
center to which the child is assigned is located in the city,	159745
exempted village, or local school district that, if the child were	159746
not a resident of that treatment center, would be the school	159747
district where the child is entitled to attend school under	159748
sections 3313.64 and 3313.65 of the Revised Code, that school	159749
district, notwithstanding any conflicting provision of the Revised	159750
Code, shall pay tuition for the child for fiscal year 2014 and	159751
fiscal year 2015 under this division unless that school district	159752
is providing the educational program to the child under division	159753
(B) of this section.	159754

A tuition payment under this division shall be made to the	159755
school district, educational service center, or residential	159756
treatment facility providing the educational program to the child.	159757

The amount of tuition paid shall be:

159758

(1) The amount of tuition determined for the district under	159759
division (A) of section 3317.08 of the Revised Code;	159760

(2) In addition, for any student receiving special education	159761
pursuant to an individualized education program as defined in	159762
section 3323.01 of the Revised Code, a payment for excess costs.	159763
This payment shall equal the actual cost to the school district,	159764
educational service center, or residential treatment facility of	159765
providing special education and related services to the student	159766
pursuant to the student's individualized education program, minus	159767
the tuition paid for the child under division (C)(1) of this	159768
section.	159769

A school district paying tuition under this division shall	159770
not include the child for whom tuition is paid in the district's	159771
average daily membership certified under division (A) of section	159772
3317.03 of the Revised Code.	159773

(D) In each of fiscal years 2014 and 2015, the Department of	159774
Education shall reimburse, from appropriations made for the	159775
purpose, a school district, educational service center, or	159776
residential treatment facility, whichever is providing the	159777
service, that has demonstrated that it is in compliance with the	159778
funding criteria for each served child for whom a school district	159779
must pay tuition under division (C) of this section. The amount of	159780
the reimbursement shall be the amount appropriated for this	159781
purpose divided by the full-time equivalent number of children for	159782
whom reimbursement is to be made.	159783

(E) Funds provided to a school district, educational service	159784
center, or residential treatment facility under this section shall	159785
be used to supplement, not supplant, funds from other public	159786
sources for which the school district, service center, or	159787
residential treatment facility is entitled or eligible.	159788

(F) The Department of Education shall track the utilization	159789
of funds provided to school districts, educational service	159790
centers, and residential treatment facilities under this section	159791
and monitor the effect of the funding on the educational programs	159792
they provide in participating residential treatment facilities.	159793
The Department shall monitor the programs for educational	159794
accountability.	159795

Section 263.500. (A) Not later than December 31, 2013, the	159796
Department of Education shall adopt new quality program standards	159797
for the career-technical education programs described in division	159798
(C) of section 3317.014 of the Revised Code, as amended by this	159799
act.	159800

(B) Not later than June 30, 2015, the Department shall adopt	159801
new quality program standards for the career-technical education	159802
programs described in divisions (A), (B), (D), and (E) of section	159803
3317.014 of the Revised Code, as amended by this act.	159804

(C) Notwithstanding anything to the contrary in section	159805
3317.161 of the Revised Code, as enacted by this act, during	159806
fiscal year 2015, the Department shall conduct a review of all	159807
career-technical education programs described in division (C) of	159808
section 3317.014 of the Revised Code, as amended by this act,	159809
using the quality program standards adopted under division (A) of	159810
this section. The Department shall decide based on this review	159811
whether to approve or disapprove the program for funding for the	159812
following five fiscal years and shall notify each city, local,	159813
exempted village, and joint vocational school district, community	159814
school, or STEM school that provides a career-technical education	159815
program or programs that is reviewed under this division of its	159816
decision not later than May 15, 2015.	159817

Any program subject to review under this division that was	159818
approved by the Department for an approval period that includes	159819
fiscal year 2015 shall retain its approved status during that	159820
fiscal year.	159821

Section 263.510. The amendment of sections 3311.19 and	159822
3313.911 of the Revised Code by this act shall not be construed to	159823
require a joint vocational school district to amend the plan for	159824
that joint vocational school district that is on file with the	159825
Department of Education.	159826

Section 265.10. ELC OHIO ELECTIONS COMMISSION

159827

General Revenue Fund	159828

GRF	051321		Operating Expenses		$	333,117		$	333,117		159829
TOTAL GRF General Revenue Fund					$	333,117		$	333,117		159830

General Services Fund Group	159831

4P20	051601	Ohio Elections Commission Fund	$	225,000	$	225,000	159832
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	159833
TOTAL ALL BUDGET FUND GROUPS			$	558,117	$	558,117	159834

Section 267.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	159836
DIRECTORS	159837

General Services Fund Group	159838

4K90	881609	Operating Expenses	$	737,000	$	741,000	159839
TOTAL GSF General Services							159840
Fund Group			$	737,000	$	741,000	159841
TOTAL ALL BUDGET FUND GROUPS			$	737,000	$	741,000	159842

Section 269.10. PAY EMPLOYEE BENEFITS FUNDS

159844

Accrued Leave Liability Fund Group	159845

8060	995666	Accrued Leave Fund	$	73,494,242	$	74,964,127	159846
8070	995667	Disability Fund	$	26,593,747	$	27,345,147	159847
TOTAL ALF Accrued Leave Liability							159848
Fund Group			$	100,087,989	$	102,309,274	159849

Agency Fund Group	159850

1240	995673	Payroll Deductions	$	775,712,468		$	814,498,091	159851
8080	995668	State Employee Health Benefit Fund	$	689,654,314		$	758,608,963	159852
8090	995669	Dependent Care Spending Account	$	2,967,711		$	3,116,097	159853
8100	995670	Life Insurance Investment Fund	$	2,143,053		$	2,143,053	159854
8110	995671	Parental Leave Benefit Fund	$	3,668,471		$	3,741,840	159855
8130	995672	Health Care Spending Account	$	8,033,020		$	8,434,671	159856
TOTAL AGY Agency Fund Group			$	1,482,179,037		$	1,590,542,715	159857
					159858

TOTAL ALL BUDGET FUND GROUPS

1,582,267,026

1,692,851,989

159859

ACCRUED LEAVE LIABILITY FUND

159860

The foregoing appropriation item 995666, Accrued Leave Fund,	159861
shall be used to make payments from the Accrued Leave Liability	159862
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.	159863
If it is determined by the Director of Budget and Management that	159864
additional amounts are necessary, the amounts are hereby	159865
appropriated.	159866

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

159867

The foregoing appropriation item 995667, Disability Fund,	159868
shall be used to make payments from the State Employee Disability	159869
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the	159870
Revised Code. If it is determined by the Director of Budget and	159871
Management that additional amounts are necessary, the amounts are	159872
hereby appropriated.	159873

PAYROLL DEDUCTION FUND

159874

The foregoing appropriation item 995673, Payroll Deductions,	159875
shall be used to make payments from the Payroll Deduction Fund	159876
(Fund 1240) pursuant to section 125.21 of the Revised Code. If it	159877
is determined by the Director of Budget and Management that	159878
additional appropriation amounts are necessary, the amounts are	159879
hereby appropriated.	159880

STATE EMPLOYEE HEALTH BENEFIT FUND

159881

The foregoing appropriation item 995668, State Employee	159882
Health Benefit Fund, shall be used to make payments from the State	159883
Employee Health Benefit Fund (Fund 8080) pursuant to section	159884
124.87 of the Revised Code. If it is determined by the Director of	159885
Budget and Management that additional amounts are necessary, the	159886
amounts are hereby appropriated.	159887

DEPENDENT CARE SPENDING FUND

159888

The foregoing appropriation item 995669, Dependent Care	159889
Spending Account, shall be used to make payments from the	159890
Dependent Care Spending Fund (Fund 8090) to employees eligible for	159891
dependent care expenses pursuant to section 124.822 of the Revised	159892
Code. If it is determined by the Director of Budget and Management	159893
that additional amounts are necessary, the amounts are hereby	159894
appropriated.	159895

LIFE INSURANCE INVESTMENT FUND

159896

The foregoing appropriation item 995670, Life Insurance	159897
Investment Fund, shall be used to make payments from the Life	159898
Insurance Investment Fund (Fund 8100) for the costs and expenses	159899
of the state's life insurance benefit program pursuant to section	159900
125.212 of the Revised Code. If it is determined by the Director	159901
of Budget and Management that additional amounts are necessary,	159902
the amounts are hereby appropriated.	159903

PARENTAL LEAVE BENEFIT FUND

159904

The foregoing appropriation item 995671, Parental Leave	159905
Benefit Fund, shall be used to make payments from the Parental	159906
Leave Benefit Fund (Fund 8110) to employees eligible for parental	159907
leave benefits pursuant to section 124.137 of the Revised Code. If	159908
it is determined by the Director of Budget and Management that	159909
additional amounts are necessary, the amounts are hereby	159910
appropriated.	159911

HEALTH CARE SPENDING ACCOUNT FUND

159912

The foregoing appropriation item 995672, Health Care Spending	159913
Account, shall be used to make payments from the Health Care	159914
Spending Account Fund (Fund 8130) for payments pursuant to state	159915
employees' participation in a flexible spending account for	159916
non-reimbursed health care expenses and section 124.821 of the	159917
Revised Code. If it is determined by the Director of	159918
Administrative Services that additional appropriation amounts are	159919
necessary, the Director of Administrative Services may request	159920
that the Director of Budget and Management increase such amounts.	159921
Such amounts are hereby appropriated.	159922

Section 269.20. CASH TRANSFERS FROM THE COST SAVINGS FUND

159923

On July 1, 2013, or as soon as possible thereafter, the	159924
Director of Budget and Management shall transfer $735,000 cash	159925
from the Cost Savings Fund (Fund 8140) to the Investment Recovery	159926
Fund (Fund 4270) used by the Department of Administrative	159927
Services, and up to $5,200,000 cash from the Cost Savings Fund	159928
(Fund 8140) to the Accrued Leave Fund (Fund 8060) in order to	159929
support accrued leave payouts to state employees who are	159930
participating in an annual leave conversion or who are separating	159931
from state service.	159932

Section 271.10. ERB STATE EMPLOYMENT RELATIONS BOARD

159933

General Revenue Fund	159934

GRF	125321		Operating Expenses		$	3,761,457		$	3,761,457		159935
TOTAL GRF General Revenue Fund					$	3,761,457		$	3,761,457		159936

General Services Fund Group	159937

5720	125603	Training and Publications	$	85,000	$	85,000	159938
TOTAL GSF General Services							159939
Fund Group			$	85,000	$	85,000	159940
TOTAL ALL BUDGET FUND GROUPS			$	3,846,457	$	3,846,457	159941

Section 273.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

159943

General Services Fund Group	159944

4K90	892609	Operating Expenses	$	996,938	$	993,889	159945
TOTAL GSF General Services							159946
Fund Group			$	996,938	$	993,889	159947
TOTAL ALL BUDGET FUND GROUPS			$	996,938	$	993,889	159948

Section 275.10. EPA ENVIRONMENTAL PROTECTION AGENCY

159950

General Revenue Fund	159951

GRF	715502		Auto Emissions e-Check Program		$	10,923,093		$	10,923,093		159952
TOTAL GRF General Revenue Fund					$	10,923,093		$	10,923,093		159953

General Services Fund Group	159954

1990	715602	Laboratory Services	$	252,153	$	326,029	159955
2190	715604	Central Support Indirect	$	10,255,680	$	10,255,680	159956
4A10	715640	Operating Expenses	$	2,600,000	$	2,602,000	159957
4D50	715618	Recycled State Materials	$	50,000	$	50,000	159958
TOTAL GSF General Services							159959
Fund Group			$	13,157,833	$	13,233,709	159960

Federal Special Revenue Fund Group	159961

3530	715612	Public Water Supply	$	2,562,578	$	2,474,605	159962
3540	715614	Hazardous Waste Management - Federal	$	4,088,383	$	4,088,383	159963
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	159964
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	159965
3BU0	715684	Water Quality Protection	$	16,205,000	$	15,280,000	159966
3CS0	715688	Federal NRD Settlements	$	200,000	$	200,000	159967
3F20	715630	Revolving Loan Fund - Operating	$	832,543	$	1,114,543	159968
3F30	715632	Federally Supported Cleanup and Response	$	3,012,021	$	3,012,991	159969
3FH0	715693	Diesel Emission Reduction Grants	$	10,000,000	$	10,000,000	159970
3T30	715669	Drinking Water State Revolving Fund	$	2,609,198	$	2,824,076	159971
3V70	715606	Agencywide Grants	$	600,000	$	600,000	159972
TOTAL FED Federal Special Revenue							159973
Fund Group			$	46,531,800	$	46,016,675	159974

State Special Revenue Fund Group	159975

4J00	715638	Underground Injection Control	$	389,126	$	402,697	159976
4K20	715648	Clean Air - Non Title V	$	3,165,400	$	3,237,450	159977
4K30	715649	Solid Waste	$	15,685,342	$	16,330,873	159978
4K40	715650	Surface Water Protection	$	6,993,800	$	7,688,800	159979
4K40	715686	Environmental Laboratory Services	$	2,096,007	$	2,096,007	159980
4K50	715651	Drinking Water Protection	$	6,316,772	$	6,476,011	159981
4P50	715654	Cozart Landfill	$	100,000	$	100,000	159982
4R50	715656	Scrap Tire Management	$	1,059,378	$	1,070,532	159983
4R90	715658	Voluntary Action Program	$	916,690	$	945,195	159984
4T30	715659	Clean Air - Title V Permit Program	$	14,528,885	$	15,080,366	159985
4U70	715660	Construction and Demolition Debris	$	335,000	$	335,000	159986
5000	715608	Immediate Removal Special Account	$	660,033	$	660,293	159987
5030	715621	Hazardous Waste Facility Management	$	7,615,403	$	8,224,041	159988
5050	715623	Hazardous Waste Cleanup	$	14,528,609	$	14,933,345	159989
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	159990
5320	715646	Recycling and Litter Control	$	4,514,500	$	4,535,500	159991
5410	715670	Site Specific Cleanup	$	1,548,101	$	1,548,101	159992
5420	715671	Risk Management Reporting	$	208,936	$	214,826	159993
5860	715637	Scrap Tire Market Development	$	1,497,645	$	1,497,645	159994
5BC0	715617	Clean Ohio	$	611,455	$	611,455	159995
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	159996
5BC0	715624	Surface Water	$	9,614,974	$	9,614,974	159997
5BC0	715672	Air Pollution Control	$	5,684,758	$	5,684,758	159998
5BC0	715673	Drinking and Ground Water	$	4,863,521	$	4,863,521	159999
5BC0	715676	Assistance and Prevention	$	695,069	$	695,069	160000
5BC0	715677	Laboratory	$	1,358,586	$	1,558,586	160001
5BC0	715678	Corrective Actions	$	705,423	$	705,423	160002
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	160003
5BC0	715692	Administration	$	10,582,627	$	10,582,627	160004
5BC0	715694	Environmental Resource Coordination	$	170,000	$	170,000	160005
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	160006
5CD0	715682	Clean Diesel School Buses	$	475,000	$	475,000	160007
5H40	715664	Groundwater Support	$	128,212	$	223,212	160008
5Y30	715685	Surface Water Improvement	$	1,800,000	$	1,800,000	160009
6440	715631	Emergency Response Radiological Safety	$	284,266	$	290,674	160010
6600	715629	Infectious Waste Management	$	88,764	$	88,764	160011
6760	715642	Water Pollution Control Loan Administration	$	3,921,605	$	3,921,605	160012
6780	715635	Air Toxic Release	$	133,636	$	133,636	160013
6790	715636	Emergency Planning	$	2,623,252	$	2,623,252	160014
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,125,000	160015
6990	715644	Water Pollution Control Administration	$	345,000	$	345,000	160016
6A10	715645	Environmental Education	$	1,350,000	$	1,350,000	160017
TOTAL SSR State Special Revenue Fund Group			$	131,755,659	$	135,299,122	160018

Clean Ohio Conservation Fund Group	160019

5S10	715607	Clean Ohio - Operating	$	284,124	$	284,124	160020
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,124	$	284,124	160021
TOTAL ALL BUDGET FUND GROUPS			$	202,652,509	$	205,756,723	160022

AREAWIDE PLANNING AGENCIES

160023

The Director of Environmental Protection Agency may award	160024
grants from appropriation item 715687, Areawide Planning Agencies,	160025
to areawide planning agencies engaged in areawide water quality	160026
management and planning activities in accordance with Section 208	160027
of the "Federal Clean Water Act," 33 U.S.C. 1288.	160028

CASH TRANSFERS

160029

On July 1, 2013, or as soon as possible thereafter, the	160030
Director of Budget and Management may transfer up to $11,400,000	160031
cash from the Hazardous Waste Management Fund (Fund 5030) to the	160032
Hazardous Waste Cleanup Fund (Fund 5050) to support closure and	160033
corrective action programs that were transferred to the Division	160034
of Environmental Response and Revitalization.	160035

On July 1, 2013, or as soon as possible thereafter, the	160036
Director of Environmental Protection shall certify to the Director	160037
of Budget and Management the cash balance in the Dredge and Fill	160038
Fund (Fund 5N20). The Director of Budget and Management shall	160039
transfer the certified amount from Fund 5N20 to the Surface Water	160040
Protection Fund (Fund 4K40). Any existing encumbrances against	160041
appropriation item 715613, Dredge and Fill, shall be canceled and	160042
reestablished against appropriation item 715650, Surface Water	160043
Protection. The reestablished encumbrance amounts are hereby	160044
appropriated and Fund 5N20 is abolished.	160045

Section 277.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

160046

General Revenue Fund	160047

GRF	172321	Operating Expenses	$	545,530	$	545,530	160048
TOTAL GRF General Revenue Fund			$	545,530	$	545,530	160049
TOTAL ALL BUDGET FUND GROUPS			$	545,530	$	545,530	160050

Section 278.10. ETC BROADCAST EDUCATIONAL MEDIA COMMISSION

160052

General Revenue Fund	160053

GRF	935401	Statehouse News Bureau	$	215,561	$	215,561	160054
GRF	935402	Ohio Government Telecommunications Services	$	1,252,089	$	1,252,089	160055
GRF	935408	General Operations	$	495,000	$	495,000	160056
GRF	935409	Technology Operations	$	2,743,962	$	2,743,962	160057
GRF	935410	Content Development, Acquisition, and Distribution	$	2,607,094	$	2,607,094	160058
GRF	935412	Information Technology	$	500,000	$	500,000	160059
TOTAL GRF General Revenue Fund			$	7,813,706	$	7,813,706	160060

General Services Fund Group	160061

4F30	935603	Affiliate Services	$	50,000	$	50,000	160062
4T20	935605	Government Television/Telecommunications Operating	$	25,000	$	25,000	160063
TOTAL GSF General Services Fund Group			$	75,000	$	75,000	160064

State Special Revenue Fund Group	160065

5FK0	935608		Media Services		$	491,373		$	491,373		160066
TOTAL SSR State Special Revenue Fund Group					$	491,373		$	491,373		160067

TOTAL ALL BUDGET FUND GROUPS

8,380,079

160068

Section 278.20. STATEHOUSE NEWS BUREAU

160070

The foregoing appropriation item 935401, Statehouse News	160071
Bureau, shall be used solely to support the operations of the Ohio	160072
Statehouse News Bureau.	160073

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

160074

The foregoing appropriation item 935402, Ohio Government	160075
Telecommunications Services, shall be used solely to support the	160076
operations of Ohio Government Telecommunications Services which	160077
include providing multimedia support to the state government and	160078
its affiliated organizations and broadcasting the activities of	160079
the legislative, judicial, and executive branches of state	160080
government, among its other functions.	160081

TECHNOLOGY OPERATIONS

160082

The foregoing appropriation item 935409, Technology	160083
Operations, shall be used by the Broadcast Educational Media	160084
Commission to pay expenses of the network infrastructure, which	160085
includes the television and radio transmission infrastructure and	160086
infrastructure that shall link all public K-12 classrooms to each	160087
other and to the Internet, and provide access to voice, video,	160088
other communication services, and data educational resources for	160089
students and teachers.	160090

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

160091

The foregoing appropriation item 935410, Content Development,	160092
Acquisition, and Distribution, shall be used for the development,	160093
acquisition, and distribution of information resources by public	160094
media and radio reading services and for educational use in the	160095
classroom and online.	160096

Of the foregoing appropriation item 935410, Content	160097
Development, Acquisition, and Distribution, up to $658,099 in each	160098
fiscal year shall be allocated equally among the Ohio educational	160099
television stations. Funds shall be used for the production of	160100
interactive instructional programming series with priority given	160101
to resources aligned with state academic content standards. The	160102
programming shall be targeted to the needs of the poorest two	160103
hundred school districts as determined by the district's adjusted	160104
valuation per pupil as defined in former section 3317.0213 of the	160105
Revised Code as that section existed prior to June 30, 2005.	160106

Of the foregoing appropriation item 935410, Content	160107
Development, Acquisition, and Distribution, up to $1,749,283 in	160108
each fiscal year shall be distributed by the Broadcast Educational	160109
Media Commission to Ohio's qualified public educational television	160110
stations and educational radio stations to support their	160111
operations. The funds shall be distributed pursuant to an	160112
allocation formula used by the Ohio Educational Telecommunications	160113
Network Commission unless a substitute formula is developed by the	160114
Broadcast Educational Media Commission in consultation with Ohio's	160115
qualified public educational television stations and educational	160116
radio stations.	160117

Of the foregoing appropriation item 935410, Content	160118
Development, Acquisition, and Distribution, up to $199,712 in each	160119
fiscal year shall be distributed by the Broadcast Educational	160120
Media Commission to Ohio's qualified radio reading services to	160121
support their operations. The funds shall be distributed pursuant	160122
to an allocation formula used by the Ohio Educational	160123
Telecommunications Network Commission unless a substitute formula	160124
is developed by the Broadcast Educational Media Commission in	160125
consultation with Ohio's qualified radio reading services.	160126

ADMINISTRATION AND OPERATIONS OF THE BROADCAST EDUCATIONAL	160127
MEDIA COMMISSION	160128

Notwithstanding any provision of law to the contrary, a	160129
portion of the foregoing appropriation items 935408. General	160130
Operations, 935412, Information Technology, 935603, Affiliate	160131
Services, 935605. Government Television/Telecommunications	160132
Operating, and 935608, Media Services, may be used as determined	160133
to be appropriate by the Broadcast Educational Media Commission	160134
for the administration and operations of the Broadcast Educational	160135
Media Commission.	160136

Effective July 1, 2013, notwithstanding any provision of the	160137
law to the contrary, the Director of Budget and Management may	160138
make budget changes made necessary by the renaming and	160139
reconstitution of the eTech Ohio Commission as the Broadcast	160140
Educational Media Commission, among the Broadcast Educational	160141
Media Commission, Board of Regents, and Department of Education,	160142
including administrative organization, program transfers, the	160143
creation of new funds, the transfer of state funds, the	160144
consolidation of funds, and the transfer of capital	160145
appropriations, as authorized by this section.	160146

(A) BROADCAST EDUCATIONAL MEDIA COMMISSION

160147

On July 1, 2013, the eTech Ohio Commission is renamed and	160148
reconstituted as the Broadcast Educational Media Commission, as	160149
described in section 3353.02 of the Revised Code as amended by	160150
this act. The Broadcast Educational Media Commission is thereupon	160151
and thereafter successor to, assumes the obligations of, and	160152
otherwise constitutes the continuation of the eTech Ohio	160153
Commission, for all obligations related to the state's educational	160154
broadcasting services, including educational television, radio,	160155
and radio reading services.	160156

Any business related to the state's educational television,	160157
radio, or radio reading services commenced but not completed by	160158
the eTech Ohio Commission shall be completed by the Broadcast	160159
Educational Media Commission in the same manner, and with the same	160160
effect, as if completed by the eTech Ohio Commission. No	160161
validation, cure, right, privilege, remedy, obligation, or	160162
liability is lost or impaired by reason of the renaming, and shall	160163
be recognized, administered, performed, or enforced by the	160164
Broadcast Educational Media Commission.	160165

All of the rules of the eTech Ohio Commission related to the	160166
state's educational broadcasting services, including educational	160167
television, radio, or radio reading services, continue in effect	160168
as rules of the Broadcast Educational Media Commission, until	160169
amended or rescinded by the Broadcast Educational Media	160170
Commission.	160171

No judicial or administrative action or proceeding related to	160172
the state's educational broadcasting services, including	160173
educational television, radio, or radio reading services, in which	160174
the eTech Ohio Commission is a party, that is pending on the	160175
effective date of this section is affected by the renaming. Such	160176
action or proceeding shall be prosecuted or defended in the name	160177
of the Broadcast Educational Media Commission. On application to	160178
the court or other tribunal, the Broadcast Educational Media	160179
Commission shall be substituted for the eTech Ohio Commission as a	160180
party to such action or proceeding.	160181

Subject to the lay-off provisions of sections 124.321 to	160182
124.328 and division (D) of section 3353.03 of the Revised Code,	160183
as amended by this act, the Broadcast Educational Media Commission	160184
may retain, at its discretion, employees of the former eTech Ohio	160185
Commission that are currently assigned to activities related to	160186
the state's educational broadcasting services, including	160187
educational television, radio, or radio reading services. If	160188
retained, employees shall continue with the Broadcast Educational	160189
Media Commission and retain their positions and all benefits	160190
accruing thereto.	160191

All books, records, documents, files, transcripts, equipment,	160192
furniture, supplies, and other materials related to the state's	160193
educational broadcasting services, including educational	160194
television, radio, or radio reading services, assigned to or in	160195
the possession of the former eTech Ohio Commission shall be	160196
transferred to the Broadcast Educational Media Commission.	160197

Each current member of the eTech Ohio Commission shall serve	160198
until June 30, 2013. On July 1, 2013, or as soon after July 1,	160199
2013, as possible, each member shall either be reappointed or	160200
replaced by another member to serve on the Broadcast Educational	160201
Media Commission pursuant to section 3353.02 of the Revised Code,	160202
as amended by this act.	160203

(B) MEMBERSHIP OF THE BROADCAST EDUCATIONAL MEDIA COMMISSION

160204

The Broadcast Educational Media Commission, as described in	160205
section 3353.02 of the Revised Code as amended by this act, shall	160206
consist of fifteen members, eleven of whom shall be voting	160207
members. Nine of the voting members shall be representatives of	160208
the public selected from among leading citizens in the state who	160209
have demonstrated interest in educational broadcast media through	160210
service on boards or advisory councils of educational television	160211
stations, educational radio stations, educational technology	160212
agencies, or radio reading services. Of the representatives of the	160213
public, three shall be appointed by the Governor with the advice	160214
and consent of the Senate, three shall be appointed by the Speaker	160215
of the House of Representatives, and three shall be appointed by	160216
the President of the Senate. Not more than two members appointed	160217
by the Speaker of the House of Representatives and not more than	160218
two members appointed by the President of the Senate shall be of	160219
the same political party. The Superintendent of Public Instruction	160220
or a designee of the Superintendent, and the Chancellor of the	160221
Ohio Board of Regents or a designee of the Chancellor shall be ex	160222
officio voting members. Of the nonvoting members, two shall be	160223
members of the House of Representatives appointed by the Speaker	160224
of the House of Representatives and two shall be members of the	160225
Senate appointed by the President of the Senate. The members	160226
appointed from each chamber shall not be members of the same	160227
political party.	160228

Initial terms of office for appointed voting members shall be	160229
as follows:	160230

(1) For one member appointed by each of the Governor, Speaker	160231
of the House of Representatives, and President of the Senate, one	160232
year;	160233

(2) For one member appointed by each of the Governor, Speaker	160234
of the House of Representatives, and President of the Senate, two	160235
years;	160236

(3) For one member appointed by each of the Governor, Speaker	160237
of the House of Representatives, and President of the Senate,	160238
three years.	160239

At the first meeting of the Commission, such members shall	160240
draw lots to determine the length of the term each member will	160241
serve. Thereafter, terms of office for such members shall be for	160242
four years. Any member who is a representative of the public may	160243
be reappointed by the member's respective appointing authority,	160244
but no such member may serve more than two consecutive four-year	160245
terms. Such a member may be removed by the member's respective	160246
appointing authority for cause.	160247

Any legislative member appointed by the Speaker of the House	160248
of Representatives or the President of the Senate who ceases to be	160249
a member of the legislative chamber from which the member was	160250
appointed shall cease to be a member of the Commission. The	160251
Speaker of the House of Representatives and the President of the	160252
Senate may remove their respective appointments to the Commission	160253
at any time.	160254

Vacancies among appointed members shall be filled in the	160255
manner provided for original appointments. Any member appointed to	160256
fill a vacancy occurring prior to the expiration of the term for	160257
which the member's predecessor was appointed shall hold office for	160258
the remainder of that term. Any appointed member shall continue in	160259
office subsequent to the expiration of that member's term until	160260
the member's successor takes office or until a period of sixty	160261
days has elapsed, whichever occurs first.	160262

Members of the Commission shall serve without compensation.	160263
The members who are representatives of the public shall be	160264
reimbursed, pursuant to Office of Budget and Management	160265
guidelines, for actual and necessary expenses incurred in the	160266
performance of official duties.	160267

The Governor shall appoint the chairperson of the Commission	160268
from among the Commission's public voting members. The chairperson	160269
shall serve a term of two years and may be reappointed. The	160270
Commission shall elect other officers as necessary from among its	160271
voting members and shall prescribe its rules of procedure.	160272

(C) EXECUTIVE DIRECTOR OF THE BROADCAST EDUCATIONAL MEDIA	160273
COMMISSION	160274

The Broadcast Educational Media Commission shall appoint an	160275
Executive Director, who shall serve at the pleasure of the	160276
commission. The Executive Director shall have no authority other	160277
than that provided by law or delegated to the Executive Director	160278
by the Commission. The Executive Director shall do all of the	160279
following:	160280

(1) Direct the administration of all programs of the	160281
Commission;	160282

(2) Provide leadership and support in extending the knowledge	160283
of the citizens of this state by promoting equal access to and use	160284
of educational broadcast media, as directed by the Commission;	160285

(3) Provide financial and other assistance to educational	160286
television and radio stations, radio reading services, and related	160287
organizations and activities;	160288

(4) Implement policies and directives issued by the	160289
Commission;	160290

(5) Perform other duties authorized by the Commission.

160291

The Commission shall fix the compensation of the Executive	160292
Director. The Executive Director shall employ and fix the	160293
compensation for such employees as necessary to facilitate the	160294
activities and purposes of the Commission. The employees shall	160295
serve at the pleasure of the Executive Director.	160296

The employees of the Commission shall be placed in the	160297
unclassified service.	160298

Except as provided in the immediately succeeding paragraph of	160299
this section, the employees of the Commission shall be exempt from	160300
Chapter 4117. of the Revised Code and shall not be public	160301
employees as defined in section 4117.01 of the Revised Code.	160302

All employees of the Commission who transferred to the	160303
Commission from one of the Commission's predecessor agencies upon	160304
the Commission's creation and, when employed by the predecessor	160305
agency were included in a bargaining unit established under	160306
Chapter 4117. of the Revised Code, shall continue to be included	160307
in that bargaining unit, are public employees as defined in	160308
section 4117.01 of the Revised Code, and may collectively bargain	160309
with the Commission in accordance with that chapter. Otherwise,	160310
any employee hired by the Commission after July 1, 2005, either to	160311
fill vacancies or to fill new positions, shall be exempt from	160312
Chapter 4117. of the Revised Code and shall not be public	160313
employees as defined in section 4117.10 of the Revised Code.	160314

(D) DUTIES OF THE BROADCAST EDUCATIONAL MEDIA COMMISSION

160315

The Broadcast Educational Media Commission may perform any	160316
act necessary to carry out the functions of Chapter 3353. of the	160317
Revised Code, as amended by this act, including any of the	160318
following:	160319

(1) Promote accessibility through broadcasting services of	160320
educational products aligned with the statewide academic	160321
standards, adopted by the state board pursuant to section 3301.079	160322
of the Revised Code, for school districts, community schools, and	160323
other entities serving grades kindergarten through twelve;	160324

(2) Own or operate transmission facilities and	160325
interconnection facilities, or contract for transmission	160326
facilities and interconnection facilities, for an educational	160327
television, radio, or radio reading service network;	160328

(3) Establish standards for interconnection facilities used	160329
by the Commission in the transmission of educational television,	160330
radio, or radio reading service programming;	160331

(4) Enter into agreements with noncommercial educational	160332
television or radio broadcasting stations or radio reading	160333
services for the operation of the interconnection;	160334

(5) Enter into agreements with noncommercial educational	160335
television or radio broadcasting stations or radio reading	160336
services for the production and use of educational television,	160337
radio, or radio reading service programs to be transmitted by the	160338
educational telecommunications network;	160339

(6) Execute contracts and other agreements necessary and	160340
desirable to carry out the purposes of this chapter and other	160341
duties prescribed to the Commission by law or authorize the	160342
Executive Director of the Commission to execute such contracts and	160343
agreements on the Commission's behalf;	160344

(7) Act as consultant with educational television and	160345
educational radio stations and radio reading services toward	160346
coordination within the state of the distribution of federal funds	160347
that may become available for equipment for educational	160348
broadcasting or radio reading services;	160349

(8) Make payments to noncommercial Ohio educational	160350
television or radio broadcasting stations or radio reading	160351
services to sustain the operation of such stations or services;	160352

(9) In consultation with participants in programs	160353
administered by the Commission, establish guidelines governing	160354
purchasing and procurement that facilitate the timely and	160355
effective implementation of such programs;	160356

(10) In consultation with participants in programs	160357
administered by the Commission, consider the efficiency and cost	160358
savings of statewide procurement prior to allocating and releasing	160359
funds for such programs;	160360

(11) In consultation with participants in programs	160361
administered by the Commission, establish a systems support	160362
network to facilitate the timely implementation of the programs	160363
and other projects and activities for which the Commission	160364
provides assistance.	160365

Chapters 123., 124., 125., and 153. of the Revised Code and	160366
sections 9.331 to 9.335 of the Revised Code do not apply to	160367
contracts, programs, projects, or activities of the Commission.	160368

Any duties and responsibilities of the former eTech Ohio	160369
Commission not transferred in accordance with this section or	160370
Sections 263.470 or 363.570 of this act are eliminated on July 1,	160371
2013.	160372

Section 279.10. ETH OHIO ETHICS COMMISSION

160373

General Revenue Fund	160374

GRF	146321		Operating Expenses		$	1,409,751		$	1,381,556		160375
TOTAL GRF General Revenue Fund					$	1,409,751		$	1,381,556		160376

General Services Fund Group	160377

4M60	146601	Operating Expenses	$	636,388	$	641,000	160378
TOTAL GSF General Services							160379
Fund Group			$	636,388	$	641,000	160380
TOTAL ALL BUDGET FUND GROUPS			$	2,046,139	$	2,022,556	160381

Section 281.10. EXP OHIO EXPOSITIONS COMMISSION

160383

General Revenue Fund	160384

GRF	723403	Junior Fair Subsidy	$	250,000	$	250,000	160385
GRF	723501	Construction Planning	$	670,000	$	0	160386
TOTAL GRF General Revenue Fund			$	920,000	$	250,000	160387

State Special Revenue Fund Group	160388

4N20	723602	Ohio State Fair Harness Racing	$	235,000	$	235,000	160389
5060	723601	Operating Expenses	$	12,894,000	$	12,894,000	160390
TOTAL SSR State Special Revenue							160391
Fund Group			$	13,129,000	$	13,129,000	160392
TOTAL ALL BUDGET FUND GROUPS			$	14,049,000	$	13,379,000	160393

CONSTRUCTION PLANNING

160394

The foregoing appropriation item 723501, Construction	160395
Planning, shall be used for acquiring purchased services for new	160396
and renovated facility planning, including, but not limited to,	160397
necessary architectural engineering, land or facility use	160398
consulting services, and facility construction. An amount equal to	160399
the unexpended, unencumbered portion of the foregoing	160400
appropriation item 723501, Construction Planning, is hereby	160401
reappropriated for the same purpose in FY 2015.	160402

STATE FAIR RESERVE

160403

The General Manager of the Expositions Commission, in	160404
consultation with the Director of Budget and Management, may	160405
submit a request to the Controlling Board to use available amounts	160406
in the State Fair Reserve Fund (Fund 6400) if revenues for the	160407
Ohio State Fair for the 2013 or 2014 Ohio State Fair are	160408
unexpectedly low.	160409

Section 282.10. FCC OHIO FACILITIES CONSTRUCTION COMMISSION

160410

General Revenue Fund	160411

GRF	230401	Lease Rental Payments - Cultural Facilities	$	33,106,400	$	29,854,500	160412
GRF	230458	State Construction Management Services	$	2,495,751	$	2,245,751	160413
GRF	230908	Common Schools General Obligation Debt Service	$	351,806,100	$	377,364,700	160414
TOTAL GRF General Revenue Fund			$	387,408,251	$	409,464,951	160415

General Services Fund Group	160416

1310	230639		State Construction Management Operations		$	9,463,342		$	9,463,342		160417
TOTAL GSF General Services Fund Group					$	9,463,342		$	9,463,342		160418

State Special Revenue Fund Group	160419

4T80	230603	Community Project Administration	$	200,000	$	200,000	160420
5E30	230644	Operating Expenses	$	8,550,000	$	8,550,000	160421
TOTAL SSR State Special Revenue							160422
Fund Group			$	8,750,000	$	8,750,000	160423
TOTAL ALL BUDGET FUND GROUPS			$	405,621,593	$	427,678,293	160424

Section 282.20. LEASE RENTAL PAYMENTS

160426

The foregoing appropriation item 230401, Lease Rental	160427
Payments - Cultural Facilities, shall be used to meet all payments	160428
at the times they are required to be made during the period from	160429
July 1, 2013, through June 30, 2015, from the Ohio Facilities	160430
Construction Commission under the primary leases and agreements	160431
for those arts and sports facilities made under Chapters 152. and	160432
154. of the Revised Code. These appropriations are the source of	160433
funds pledged for bond service charges on related obligations	160434
issued under Chapters 152. and 154. of the Revised Code.	160435

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

160436

The foregoing appropriation item 230908, Common Schools	160437
General Obligation Debt Service, shall be used to pay all debt	160438
service and related financing costs at the times they are required	160439
to be made during the period from July 1, 2013, through June 30,	160440
2015, for obligations issued under sections 151.01 and 151.03 of	160441
the Revised Code.	160442

Section 282.30. COMMUNITY PROJECT ADMINISTRATION

160443

The foregoing appropriation item 230603, Community Project	160444
Administration, shall be used by the Ohio Facilities Construction	160445
Commission in administering Cultural and Sports Facilities	160446
Building Fund (Fund 7030) projects pursuant to section 123.201 of	160447
the Revised Code.	160448

Section 282.40. OPERATING EXPENSES

160449

The foregoing appropriation item 230644, Operating Expenses,	160450
shall be used by the Ohio School Facilities Commission to carry	160451
out its responsibilities under this section and Chapter 3318. of	160452
the Revised Code.	160453

In both fiscal years 2014 and 2015, the Executive Director of	160454
the Ohio School Facilities Commission shall certify on a quarterly	160455
basis to the Director of Budget and Management the amount of cash	160456
from interest earnings to be transferred from the School Building	160457
Assistance Fund (Fund 7032), the Public School Building Fund (Fund	160458
7021), and the Educational Facilities Trust Fund (Fund N087) to	160459
the Ohio School Facilities Commission Fund (Fund 5E30). The amount	160460
transferred from the School Building Assistance Fund (Fund 7032)	160461
may not exceed investment earnings credited to the fund, less any	160462
amount required to be paid for federal arbitrage rebate purposes.	160463

If the Executive Director of the Ohio Facilities Construction	160464
Commission determines that transferring cash from interest	160465
earnings is insufficient to support operations and carry out its	160466
responsibilities under this section and Chapter 3318. of the	160467
Revised Code, the Commission may, with the approval of the	160468
Controlling Board, transfer cash not generated from interest from	160469
the Public School Building Fund (Fund 7021) and the Educational	160470
Trust Fund (Fund N087) to the Ohio School Facilities Commission	160471
Fund (Fund 5E30).	160472

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

160473

At the request of the Executive Director of the Ohio School	160474
Facilities Commission, the Director of Budget and Management may	160475
cancel encumbrances for school district projects from a previous	160476
biennium if the district has not raised its local share of project	160477
costs within thirteen months of receiving Controlling Board	160478
approval under section 3318.05 or 3318.41 of the Revised Code. The	160479
Executive Director of the Ohio School Facilities Commission shall	160480
certify the amounts of the canceled encumbrances to the Director	160481
of Budget and Management on a quarterly basis. The amounts of the	160482
canceled encumbrances are hereby appropriated.	160483

Section 282.50. CAPITAL DONATIONS FUND CERTIFICATIONS AND	160484
APPROPRIATIONS	160485

On July 1, 2013, or as soon as possible thereafter, the	160486
Executive Director of the Facilities Construction Commission shall	160487
certify to the Director of Budget and Management the amount of	160488
cash receipts and related investment income, irrevocable letters	160489
of credit from a bank, or certification of the availability of	160490
funds that have been received from a county or a municipal	160491
corporation for deposit into the Capital Donations Fund (Fund	160492
5A10) and that are related to an anticipated project. These	160493
amounts are hereby appropriated to appropriation item C37146,	160494
Capital Donations. Prior to certifying these amounts to the	160495
Director, the Executive Director shall make a written agreement	160496
with the participating entity on the necessary cash flows required	160497
for the anticipated construction or equipment acquisition project.	160498

Section 282.60. AMENDMENT TO PROJECT AGREEMENT FOR	160499
MAINTENANCE LEVY	160500

The Ohio School Facilities Commission shall amend the project	160501
agreement between the Commission and a school district that is	160502
participating in the Accelerated Urban School Building Assistance	160503
Program on the effective date of this section, if the Commission	160504
determines that it is necessary to do so in order to comply with	160505
division (B)(3)(c) of section 3318.38 of the Revised Code.	160506

Section 282.70. Notwithstanding any other provision of law to	160507
the contrary, the Ohio School Facilities Commission may determine	160508
the amount of funding available for disbursement in a given fiscal	160509
year for any project approved under sections 3318.01 to 3318.20 of	160510
the Revised Code in order to keep aggregate state capital spending	160511
within approved limits and may take actions including, but not	160512
limited to, determining the schedule for design or bidding of	160513
approved projects, to ensure appropriate and supportable cash	160514
flow.	160515

Section 282.80. Notwithstanding division (B) of section	160516
3318.40 of the Revised Code, the Ohio School Facilities Commission	160517
may provide assistance to at least one joint vocational school	160518
district each fiscal year for the acquisition of classroom	160519
facilities in accordance with sections 3318.40 to 3318.45 of the	160520
Revised Code.	160521

Section 282.90. The Ohio Cultural Facilities Commission is	160522
abolished. Except as otherwise provided in this section, all	160523
obligations of the Ohio Cultural Facilities Commission under	160524
agreements to which the Ohio Cultural Facilities Commission is a	160525
party, and all records and assets of the Ohio Cultural Facilities	160526
Commission, including, without limitation, equipment, inventory,	160527
contract rights, accounts, and general intangibles, are	160528
transferred to the Ohio Facilities Construction Commission.	160529

The Ohio Facilities Construction Commission shall designate	160530
the positions, if any, to be transferred to the Ohio Facilities	160531
Construction Commission, along with any equipment assigned to	160532
those positions. Any employee transferred to the Ohio Facilities	160533
Construction Commission retains the employee's respective	160534
classification, but the Ohio Facilities Construction Commission	160535
may reassign and reclassify the employee's position and	160536
compensation as the Ohio Facilities Construction Commission	160537
determines to be in the best interest of office administration.	160538

The Ohio Facilities Construction Commission shall complete	160539
any activities related to the design, planning, construction, and	160540
related management functions commenced but not completed by the	160541
Ohio Cultural Facilities Commission in the same manner and with	160542
the same effect as if the Ohio Cultural Facilities Commission had	160543
completed them. The consolidation of the commissions shall not	160544
cause the loss or impairment of any validation, cure, right,	160545
privilege, remedy, obligation, or liability, which the Ohio	160546
Facilities Construction Commission shall administer.	160547

All rules, orders, and determinations related to the design,	160548
planning, and construction and related management functions of the	160549
Ohio Cultural Facilities Commission continue in effect as rules,	160550
orders, and determinations of the Ohio Facilities Construction	160551
Commission until the Ohio Facilities Construction Commission	160552
modifies or rescinds them. The Director of the Legislative Service	160553
Commission shall renumber the rules of the Ohio Cultural	160554
Facilities Commission related to that commission's design,	160555
planning, and construction and related management functions to	160556
reflect their transfer to the Ohio Facilities Construction	160557
Commission.	160558

The transfer of functions from the Ohio Cultural Facilities	160559
Commission to the Ohio Facilities Construction Commission does not	160560
affect any pending judicial or administrative action or proceeding	160561
to which the Ohio Cultural Facilities Commission is a party and	160562
that is related to that commission's design, planning,	160563
construction, capital funding, or related management functions.	160564
Any such action or proceeding shall be prosecuted or defended in	160565
the name of the Ohio Facilities Construction Commission. On	160566
application to the court or agency, the Ohio Facilities	160567
Construction Commission shall be substituted for the Ohio Cultural	160568
Facilities Commission as a party to the action or proceeding.	160569

Effective July 1, 2013, the Director of Budget and Management	160570
shall cancel any existing encumbrances against appropriation item	160571
371603, Project Administration, and re-establish them against	160572
appropriation item 230603, Community Project Administration. The	160573
re-established encumbrance amounts are hereby appropriated. Any	160574
business commenced but not completed under appropriation item	160575
371603 by July 1, 2013, shall be completed under appropriation	160576
item 230603 in the same manner and with the same effect as if it	160577
were completed with regard to appropriation item 371603.	160578

Funds collected as part of a management contract for the	160579
Riffe Theatres, which previously were deposited in the Ohio	160580
Cultural Facilities Commission Administration Fund (Fund 4T80),	160581
shall be credited to the Theater Equipment Maintenance Fund (Fund	160582
5MV0), which is hereby created in the State Treasury. The Director	160583
of Budget and Management shall transfer from the Ohio Cultural	160584
Facilities Commission Administration Fund to the Theater Equipment	160585
Maintenance Fund any remaining cash balances from funds collected	160586
as part of a management contract for the Riffe Theatres. In order	160587
to facilitate this transfer, the Executive Director of the Ohio	160588
Facilities Construction Commission, by July 1, 2013, or as soon as	160589
possible thereafter, shall certify to the Director of Budget and	160590
Management an estimate of the amount to be transferred. The	160591
Department of Administrative Services shall use appropriation item	160592
100662, Theater Equipment Maintenance, to spend cash in the	160593
Theater Equipment Maintenance Fund (Fund 5MV0).	160594

The Ohio Facilities Construction Commission may enter into an	160595
interagency agreement with the Department of Administrative	160596
Services for the Department to perform any of the functions	160597
transferred to the Ohio Facilities Construction Commission under	160598
this section.	160599

Any reference to the Ohio Cultural Facilities Commission in	160600
any statute, rule, contract, grant, or other document is deemed to	160601
refer to the Ohio Facilities Construction Commission.	160602

The Ohio Facilities Construction Commission, the Ohio Public	160603
Facilities Commission, and the issuing authority of any	160604
obligations issued for the financing of capital facilities for	160605
Ohio cultural facilities and Ohio sports facilities may execute	160606
instruments, documents, and agreements and may take necessary or	160607
appropriate actions to effect the orderly transfer of those	160608
obligations from the Ohio Cultural Facilities Commission to the	160609
Ohio Facilities Construction Commission.	160610

This section takes effect July 1, 2013.

160611

Section 283.10. GOV OFFICE OF THE GOVERNOR

160612

General Revenue Fund	160613

GRF	040321		Operating Expenses		$	2,851,552		$	2,851,552		160614
TOTAL GRF General Revenue Fund					$	2,851,552		$	2,851,552		160615

General Services Fund Group	160616

5AK0	040607		Government Relations		$	365,149		$	365,149		160617
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		160618

TOTAL ALL BUDGET FUND GROUPS

3,216,701

160619

GOVERNMENT RELATIONS

160620

A portion of the foregoing appropriation item 040607,	160621
Government Relations, may be used to support Ohio's membership in	160622
national or regional associations.	160623

The Office of the Governor may charge any state agency of the	160624
executive branch using an intrastate transfer voucher such amounts	160625
necessary to defray the costs incurred for the conduct of	160626
governmental relations associated with issues that can be	160627
attributed to the agency. Amounts collected shall be deposited in	160628
the Government Relations Fund (Fund 5AK0).	160629

Section 285.10. DOH DEPARTMENT OF HEALTH

160630

General Revenue Fund	160631

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	160632
GRF	440413	Local Health Departments	$	823,061	$	823,061	160633
GRF	440416	Mothers and Children Safety Net Services	$	4,428,015	$	4,428,015	160634
GRF	440418	Immunizations	$	8,825,829	$	8,825,829	160635
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	160636
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	160637
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	160638
GRF	440451	Public Health Laboratory	$	3,655,449	$	3,655,449	160639
GRF	440452	Child and Family Health Services Match	$	630,444	$	630,444	160640
GRF	440453	Health Care Quality Assurance	$	4,874,361	$	4,874,361	160641
GRF	440454	Environmental Health	$	1,194,634	$	1,194,634	160642
GRF	440459	Help Me Grow	$	33,673,987	$	33,673,987	160643
GRF	440465	Federally Qualified Health Centers	$	2,686,688	$	2,686,688	160644
GRF	440467	Access to Dental Care	$	540,484	$	540,484	160645
GRF	440468	Chronic Disease and Injury Prevention	$	2,447,251	$	2,447,251	160646
GRF	440472	Alcohol Testing	$	1,100,000	$	1,100,000	160647
GRF	440473	Tobacco Prevention and Cessation	$	1,050,000	$	1,050,000	160648
GRF	440474	Infant Vitality	$	3,116,688	$	3,116,688	160649
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	160650
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	160651
GRF	654453	Medicaid - Health Care Quality Assurance	$	3,300,000	$	3,300,000	160652
TOTAL GRF General Revenue Fund			$	88,607,614	$	88,607,614	160653

State Highway Safety Fund Group	160654

4T40	440603	Child Highway Safety	$	233,894	$	233,894	160655
TOTAL HSF State Highway Safety							160656
Fund Group			$	233,894	$	233,894	160657

General Services Fund Group	160658

1420	440646	Agency Health Services	$	820,998	$	820,998	160659
2110	440613	Central Support Indirect Costs	$	30,615,591	$	31,052,469	160660
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	160661
6980	440634	Nurse Aide Training	$	99,265	$	99,265	160662
TOTAL GSF General Services							160663
Fund Group			$	36,535,854	$	36,972,732	160664

Federal Special Revenue Fund Group	160665

3200	440601	Maternal Child Health Block Grant	$	23,889,057	$	23,889,057	160666
3870	440602	Preventive Health Block Grant	$	6,000,000	$	6,000,000	160667
3890	440604	Women, Infants, and Children	$	250,000,000	$	250,000,000	160668
3910	440606	Medicare Survey and Certification	$	19,449,282	$	19,961,405	160669
3920	440618	Federal Public Health Programs	$	134,546,304	$	135,140,586	160670
3GD0	654601	Medicaid Program Support	$	21,126,014	$	22,392,094	160671
TOTAL FED Federal Special Revenue							160672
Fund Group			$	455,010,657	$	457,383,142	160673

State Special Revenue Fund Group	160674

4700	440647	Fee Supported Programs	$	25,305,250	$	25,613,586	160675
4710	440619	Certificate of Need	$	878,433	$	878,433	160676
4770	440627	Medically Handicapped Children Audit	$	3,692,703	$	3,692,703	160677
4D60	440608	Genetics Services	$	3,311,039	$	3,311,039	160678
4F90	440610	Sickle Cell Disease Control	$	1,032,824	$	1,032,824	160679
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	160680
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	160681
4L30	440609	HIV Care and Miscellaneous Expenses	$	8,333,164	$	8,333,164	160682
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	160683
4V60	440641	Save Our Sight	$	2,255,789	$	2,255,789	160684
5B50	440616	Quality, Monitoring, and Inspection	$	878,997	$	878,997	160685
5CN0	440645	Choose Life	$	75,000	$	75,000	160686
5D60	440620	Second Chance Trust	$	1,151,902	$	1,151,902	160687
5ED0	440651	Smoke Free Indoor Air	$	250,000	$	250,000	160688
5G40	440639	Adoption Services	$	20,000	$	20,000	160689
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	160690
6100	440626	Radiation Emergency Response	$	1,049,954	$	1,086,098	160691
6660	440607	Medically Handicapped Children - County Assessments	$	19,739,617	$	19,739,617	160692
TOTAL SSR State Special Revenue							160693
Fund Group			$	68,601,542	$	68,946,022	160694

Holding Account Redistribution Fund Group	160695

R014	440631	Vital Statistics	$	44,986	$	44,986	160696
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	160697
TOTAL 090 Holding Account							160698
Redistribution Fund Group			$	64,986	$	64,986	160699

Tobacco Master Settlement Agreement Fund Group	160700

5BX0	440656	Tobacco Use Prevention	$	1,450,000	$	1,450,000	160701
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,450,000	$	1,450,000	160702
TOTAL ALL BUDGET FUND GROUPS			$	650,504,547	$	653,658,390	160703

Section 285.20. MOTHERS AND CHILDREN SAFETY NET SERVICES

160705

Of the foregoing appropriation item 440416, Mothers and	160706
Children Safety Net Services, $200,000 in each fiscal year shall	160707
be used to assist families with hearing impaired children under	160708
twenty-one years of age in purchasing hearing aids. The Director	160709
of Health shall adopt rules governing the distribution of these	160710
funds, including rules that do both of the following: (1)	160711
establish eligibility criteria to include families with incomes at	160712
or below four hundred per cent of the federal poverty guidelines	160713
as defined in section 5101.46 of the Revised Code, and (2) develop	160714
a sliding scale of disbursements under this section based on	160715
family income. The Director may adopt other rules as necessary to	160716
implement this section. Rules adopted under this section shall be	160717
adopted in accordance with Chapter 119. of the Revised Code.	160718

The Department shall disburse all of the funds appropriated	160719
under this section.	160720

HIV/AIDS PREVENTION/TREATMENT

160721

The foregoing appropriation item 440444, AIDS Prevention and	160722
Treatment, shall be used to assist persons with HIV/AIDS in	160723
acquiring HIV-related medications and to administer educational	160724
prevention initiatives.	160725

PUBLIC HEALTH LABORATORY

160726

A portion of the foregoing appropriation item 440451, Public	160727
Health Laboratory, shall be used for coordination and management	160728
of prevention program operations and the purchase of drugs for	160729
sexually transmitted diseases.	160730

HELP ME GROW

160731

The foregoing appropriation item 440459, Help Me Grow, shall	160732
be used by the Department of Health to implement the Help Me Grow	160733
Program. Funds shall be distributed to counties through	160734
agreements, contracts, grants, or subsidies in accordance with	160735
section 3701.61 of the Revised Code. Appropriation item 440459,	160736
Help Me Grow, may be used in conjunction with other early	160737
childhood funds and services to promote the optimal development of	160738
young children and family-centered programs and services that	160739
acknowledge and support the social, emotional, cognitive,	160740
intellectual, and physical development of children and the vital	160741
role of families in ensuring the well-being and success of	160742
children. The Department of Health shall enter into interagency	160743
agreements with the Department of Education, Department of	160744
Developmental Disabilities, Department of Job and Family Services,	160745
and Department of Mental Health and Addiction Services to ensure	160746
that all early childhood programs and initiatives are coordinated	160747
and school linked.	160748

The foregoing appropriation item 440459, Help Me Grow, may	160749
also be used for the Developmental Autism and Screening Program.	160750

INFANT VITALITY

160751

The foregoing appropriation item 440474, Infant Vitality,	160752
shall be used to fund the following projects, which are hereby	160753
created:	160754

(A) The Infant Safe Sleep Campaign to educate parents and	160755
caregivers with a uniform message regarding safe sleep	160756
environments;	160757

(B) The Progesterone Prematurity Prevention Project to enable	160758
prenatal care providers to identify, screen, treat, and track	160759
outcomes for women eligible for progesterone supplementation; and	160760

(C) The Prenatal Smoking Cessation Project to enable prenatal	160761
care providers who work with women of reproductive age, including	160762
pregnant women, to have the tools, training, and technical	160763
assistance needed to treat smokers effectively.	160764

TARGETED HEALTH CARE SERVICES OVER 21

160765

The foregoing appropriation item 440507, Targeted Health Care	160766
Services Over 21, shall be used to administer the Cystic Fibrosis	160767
Program and to implement the Hemophilia Insurance Premium Payment	160768
Program.	160769

The foregoing appropriation item 440507, Targeted Health Care	160770
Services Over 21, shall also be used to provide essential	160771
medications and to pay the copayments for drugs approved by the	160772
Department of Health and covered by Medicare Part D that are	160773
dispensed to Bureau for Children with Medical Handicaps (BCMH)	160774
participants for the Cystic Fibrosis Program.	160775

The Department shall expend all of these funds.

160776

CASH TRANSFERS TO THE MEDICAID FUND

160777

On July 1, 2013, or as soon as possible thereafter, the	160778
Director of Health shall certify to the Director of Budget and	160779
Management the cash balance relating to Medicaid restructuring in	160780
the following funds, all used by the Department of Health: the	160781
General Operations Fund (Fund 4700); the General Operations Fund	160782
(Fund 1420); the General Operations Fund (Fund 3920); and the	160783
Medicaid/Medicare Fund (Fund 3910). Upon receiving this	160784
certification, the Director of Budget and Management may transfer	160785
the amount certified to the Medicaid Fund (Fund 3GD0), used by the	160786
Department of Health. If this transfer occurs, the Director of	160787
Budget and Management shall cancel any existing encumbrances	160788
pertaining to Medicaid in appropriation items 440647, Fee	160789
Supported Programs, 440646, Agency Health Services, 440618,	160790
Federal Public Health Programs, and 440606, Medicare Survey and	160791
Certification, and reestablish them against appropriation item	160792
654601, Medicaid Program Support. The reestablished encumbrance	160793
amounts are hereby appropriated.	160794

GENETICS SERVICES

160795

The foregoing appropriation item 440608, Genetics Services	160796
(Fund 4D60), shall be used by the Department of Health to	160797
administer programs authorized by sections 3701.501 and 3701.502	160798
of the Revised Code. None of these funds shall be used to counsel	160799
or refer for abortion, except in the case of a medical emergency.	160800

MEDICALLY HANDICAPPED CHILDREN AUDIT

160801

The Medically Handicapped Children Audit Fund (Fund 4770)	160802
shall receive revenue from audits of hospitals and recoveries from	160803
third-party payers. Moneys may be expended for payment of audit	160804
settlements and for costs directly related to obtaining recoveries	160805
from third-party payers and for encouraging Medically Handicapped	160806
Children's Program recipients to apply for third-party benefits.	160807
Moneys also may be expended for payments for diagnostic and	160808
treatment services on behalf of medically handicapped children, as	160809
defined in division (A) of section 3701.022 of the Revised Code,	160810
and Ohio residents who are twenty-one or more years of age and who	160811
are suffering from cystic fibrosis or hemophilia. Moneys may also	160812
be expended for administrative expenses incurred in operating the	160813
Medically Handicapped Children's Program.	160814

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

160815

The foregoing appropriation item 440607, Medically	160816
Handicapped Children - County Assessments (Fund 6660), shall be	160817
used to make payments under division (E) of section 3701.023 of	160818
the Revised Code.	160819

CASH TRANSFER FROM THE PUBLIC HEALTH PRIORITIES TRUST FUND TO	160820
THE TOBACCO USE PREVENTION FUND	160821

On July 1, 2013, or as soon as possible thereafter, the	160822
Director of Budget and Management shall transfer $2,439,230 cash	160823
from the Public Health Priorities Trust Fund (Fund L087) to the	160824
Tobacco Use Prevention Fund (Fund 5BX0) to meet the operating	160825
needs of the Department of Health's tobacco enforcement and	160826
cessation efforts.	160827

Section 285.30. DEPARTMENT OF HEALTH'S APPROPRIATION ITEM	160828
STRUCTURE	160829

Upon request from the Director of Health, the Director of	160830
Budget and Management may establish new funds, new appropriation	160831
items, and appropriations in order to support the transition to a	160832
new appropriation item structure in the Department of Health's	160833
budget. Also, upon request of the Director of Health, the Director	160834
of Budget and Management may transfer appropriations between GRF	160835
appropriation items, transfer cash between any funds used by the	160836
Department of Health, abolish existing funds used by the	160837
Department of Health, and cancel and reestablish encumbrances. Any	160838
establishment of new funds or appropriation items, any transfers	160839
of appropriations or cash, and any increases in appropriation	160840
under this section are subject to Controlling Board approval.	160841

Section 285.40. WIC VENDOR CONTRACTS

160842

(A) As used in this section, "WIC" means the Special	160843
Supplemental Nutrition Program for Women, Infants, and Children	160844
established under the "Child Nutrition Act of 1966," 80 Stat. 885,	160845
42 U.S.C. 1786, as amended.	160846

(B) During fiscal year 2014 and fiscal year 2015, the	160847
Department of Health shall process and review a WIC vendor	160848
contract application pursuant to Chapter 3701-42 of the	160849
Administrative Code not later than forty-five days after receipt	160850
of the application if the applicant is a WIC-contracted vendor at	160851
the time of application and meets all of the following	160852
requirements:	160853

(1) Submits a complete WIC vendor application with all	160854
required documents and information;	160855

(2) Passes the required unannounced preauthorization visit	160856
within forty-five days of submitting a complete application;	160857

(3) Completes the required in-person training within	160858
forty-five days of submitting the complete application.	160859

(C) If an applicant fails to meet any of the requirements	160860
described in division (B) of this section, the Department shall	160861
deny the application for the contract. After an application has	160862
been denied, the applicant may reapply for a contract to act as a	160863
WIC vendor during the contracting cycle that is applicable to the	160864
applicant's WIC region.	160865

Section 287.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

160866

Agency Fund Group	160867

4610	372601	Operating Expenses	$	12,500	$	12,500	160868
TOTAL AGY Agency Fund Group			$	12,500	$	12,500	160869
TOTAL ALL BUDGET FUND GROUPS			$	12,500	$	12,500	160870

Section 289.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

160872

General Revenue Fund	160873

GRF	148100	Personal Services	$	333,037	$	347,852	160874
GRF	148402	Community Programs	$	44,924	$	44,924	160875
TOTAL GRF General Revenue Fund			$	377,961	$	392,776	160876

General Services Fund Group	160877

6010	148602	Special Initiatives	$	24,558	$	24,558	160878
TOTAL GSF General Services							160879
Fund Group			$	24,558	$	24,558	160880
TOTAL ALL BUDGET FUND GROUPS			$	402,519	$	417,334	160881

Section 291.10. OHS OHIO HISTORICAL SOCIETY

160883

General Revenue Fund	160884

GRF	360501	Education and Collections	$	3,618,997	$	3,618,997	160885
GRF	360502	Site and Museum Operations	$	4,926,288	$	5,426,288	160886
GRF	360504	Ohio Preservation Office	$	290,000	$	290,000	160887
GRF	360505	National Afro-American Museum	$	414,798	$	414,798	160888
GRF	360506	Hayes Presidential Center	$	309,147	$	309,147	160889
GRF	360508	State Historical Grants	$	500,000	$	400,000	160890
GRF	360509	Outreach and Partnership	$	90,395	$	90,395	160891
TOTAL GRF General Revenue Fund			$	10,149,625	$	10,549,625	160892

Agency Fund Group	160893

5KL0	360602	Ohio History Tax Check-off	$	250,000	$	250,000	160894
TOTAL AGY Agency Fund Group			$	250,000	$	250,000	160895
TOTAL ALL BUDGET FUND GROUPS			$	10,399,625	$	10,799,625	160896

SUBSIDY APPROPRIATION

160897

Upon approval by the Director of Budget and Management, the	160898
foregoing appropriation items shall be released to the Ohio	160899
Historical Society in quarterly amounts that in total do not	160900
exceed the annual appropriations. The funds and fiscal records of	160901
the society for fiscal year 2014 and fiscal year 2015 shall be	160902
examined by independent certified public accountants approved by	160903
the Auditor of State, and a copy of the audited financial	160904
statements shall be filed with the Office of Budget and	160905
Management. The society shall prepare and submit to the Office of	160906
Budget and Management the following:	160907

(A) An estimated operating budget for each fiscal year of the	160908
biennium. The operating budget shall be submitted at or near the	160909
beginning of each calendar year.	160910

(B) Financial reports, indicating actual receipts and	160911
expenditures for the fiscal year to date. These reports shall be	160912
filed at least semiannually during the fiscal biennium.	160913

The foregoing appropriations shall be considered to be the	160914
contractual consideration provided by the state to support the	160915
state's offer to contract with the Ohio Historical Society under	160916
section 149.30 of the Revised Code.	160917

STATE HISTORICAL GRANTS

160918

Of the foregoing appropriation item 360508, State Historical	160919
Grants, $200,000 in each fiscal year shall be used for the	160920
Cincinnati Museum Center, $200,000 in each fiscal year shall be	160921
used for the Western Reserve Historical Society, and $100,000 in	160922
fiscal year 2014 shall be used to complete renovations and	160923
additional construction work on the Chardon Heritage House.	160924

Section 293.10. REP OHIO HOUSE OF REPRESENTATIVES

160925

General Revenue Fund	160926

GRF	025321		Operating Expenses		$	20,891,091		$	20,891,091		160927
TOTAL GRF General Revenue Fund					$	20,891,091		$	20,891,091		160928

General Services Fund Group	160929

1030	025601	House Reimbursement	$	1,433,664	$	1,433,664	160930
4A40	025602	Miscellaneous Sales	$	37,849	$	37,849	160931
TOTAL GSF General Services							160932
Fund Group			$	1,471,513	$	1,471,513	160933
TOTAL ALL BUDGET FUND GROUPS			$	22,362,604	$	22,362,604	160934

OPERATING EXPENSES

160935

On July 1, 2013, or as soon as possible thereafter, the Chief	160936
Administrative Officer of the House of Representatives may certify	160937
to the Director of Budget and Management the amount of the	160938
unexpended, unencumbered balance of the foregoing appropriation	160939
item 025321, Operating Expenses, at the end of fiscal year 2013 to	160940
be reappropriated to fiscal year 2014. The amount certified is	160941
hereby reappropriated to the same appropriation item for fiscal	160942
year 2014.	160943

On July 1, 2014, or as soon as possible thereafter, the Chief	160944
Administrative Officer of the House of Representatives may certify	160945
to the Director of Budget and Management the amount of the	160946
unexpended, unencumbered balance of the foregoing appropriation	160947
item 025321, Operating Expenses, at the end of fiscal year 2014 to	160948
be reappropriated to fiscal year 2015. The amount certified is	160949
hereby reappropriated to the same appropriation item for fiscal	160950
year 2015.	160951

HOUSE REIMBURSEMENT

160952

If it is determined by the Chief Administrative Officer of	160953
the House of Representatives that additional appropriations are	160954
necessary for the foregoing appropriation item 025601, House	160955
Reimbursement, the amounts are hereby appropriated.	160956

Section 295.10. HFA OHIO HOUSING FINANCE AGENCY

160957

State Special Revenue Fund Group	160958

5AZ0	997601	Housing Finance Agency Personal Services	$	12,526,713	$	12,850,014	160959
TOTAL SSR State Special Revenue Fund Group			$	12,526,713	$	12,850,014	160960
TOTAL ALL BUDGET FUND GROUPS			$	12,526,713	$	12,850,014	160961

Section 297.10. IGO OFFICE OF THE INSPECTOR GENERAL

160963

General Revenue Fund	160964

GRF	965321	Operating Expenses	$	1,175,598	$	1,175,598	160965
GRF	965404	Deputy Inspector General for ARRA	$	475,000	$	350,000	160966
TOTAL GRF General Revenue Fund			$	1,650,598	$	1,525,598	160967

General Services Fund Group	160968

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	160969
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	160970
5GI0	965605	Deputy Inspector General for ARRA	$	25,000	$	0	160971
TOTAL GSF General Services Fund Group			$	850,000	$	825,000	160972
TOTAL ALL BUDGET FUND GROUPS			$	2,500,598	$	2,350,598	160973

Section 299.10. INS DEPARTMENT OF INSURANCE

160975

Federal Special Revenue Fund Group	160976

3EV0	820610	Health Insurance Premium Review	$	1,300,000	$	1,300,000	160977
3U50	820602	OSHIIP Operating Grant	$	1,970,725	$	1,970,725	160978
TOTAL FED Federal Special							160979
Revenue Fund Group			$	3,270,725	$	3,270,725	160980

State Special Revenue Fund Group	160981

5540	820601	Operating Expenses - OSHIIP	$	180,000	$	180,000	160982
5540	820606	Operating Expenses	$	27,570,433	$	24,910,367	160983
5550	820605	Examination	$	8,184,065	$	8,184,065	160984
TOTAL SSR State Special Revenue							160985
Fund Group			$	35,934,498	$	33,274,432	160986
TOTAL ALL BUDGET FUND GROUPS			$	39,205,223	$	36,545,157	160987

MARKET CONDUCT EXAMINATION

160988

When conducting a market conduct examination of any insurer	160989
doing business in this state, the Superintendent of Insurance may	160990
assess the costs of the examination against the insurer. The	160991
superintendent may enter into consent agreements to impose	160992
administrative assessments or fines for conduct discovered that	160993
may be violations of statutes or rules administered by the	160994
Superintendent. All costs, assessments, or fines collected shall	160995
be deposited to the credit of the Department of Insurance	160996
Operating Fund (Fund 5540).	160997

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

160998

The Director of Budget and Management, at the request of the	160999
Superintendent of Insurance, may transfer funds from the	161000
Department of Insurance Operating Fund (Fund 5540), established by	161001
section 3901.021 of the Revised Code, to the Superintendent's	161002
Examination Fund (Fund 5550), established by section 3901.071 of	161003
the Revised Code, only for expenses incurred in examining domestic	161004
fraternal benefit societies as required by section 3921.28 of the	161005
Revised Code.	161006

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

161007

Not later than the thirty-first day of July each fiscal year,	161008
the Director of Budget and Management shall transfer $5,000,000	161009
from the Department of Insurance Operating Fund (Fund 5540) to the	161010
General Revenue Fund.	161011

Section 301.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

161012

General Revenue Fund	161013

GRF	600321	Program Support	$	31,320,964	$	31,109,751	161014
GRF	600410	TANF State/Maintenance of Effort	$	152,386,934	$	152,386,934	161015
GRF	600413	Child Care State/Maintenance of Effort	$	84,732,730	$	84,732,730	161016
GRF	600416	Information Technology Projects	$	54,223,871	$	54,184,700	161017
GRF	600420	Child Support Programs	$	6,498,667	$	6,591,048	161018
GRF	600421	Family Assistance Programs	$	3,161,930	$	3,161,930	161019
GRF	600423	Families and Children Programs	$	6,384,514	$	6,542,517	161020
GRF	600502	Child Support - Local	$	23,814,103	$	23,814,103	161021
GRF	600511	Disability Financial Assistance	$	22,000,000	$	22,000,000	161022
GRF	600521	Family Assistance - Local	$	41,132,751	$	41,132,751	161023
GRF	600523	Family and Children Services	$	54,255,323	$	54,255,323	161024
GRF	600528	Adoption Services					161025
		State	$	28,623,389	$	28,623,389	161026
		Federal	$	38,202,557	$	38,202,557	161027
		Adoption Services Total	$	66,825,946	$	66,825,946	161028
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	161029
GRF	600534	Adult Protective Services	$	500,000	$	500,000	161030
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	161031
GRF	600540	Food Banks	$	6,000,000	$	6,000,000	161032
GRF	600541	Kinship Permanency Incentive Program	$	3,500,000	$	3,500,000	161033
GRF	655522	Medicaid Program Support - Local	$	38,267,970	$	38,267,970	161034
GRF	655523	Medicaid Program Support - Local Transportation	$	30,680,495	$	30,680,495	161035
TOTAL GRF General Revenue Fund							161036
		State	$	724,580,115	$	724,580,115	161037
		Federal	$	38,202,557	$	38,202,557	161038
		GRF Total	$	762,782,672	$	762,782,672	161039

General Services Fund Group	161040

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	161041
5DM0	600633	Administration & Operating	$	19,660,339	$	19,660,339	161042
5HC0	600695	Unemployment Compensation Interest	$	60,000,000	$	60,000,000	161043
5HL0	600602	State and County Shared Services	$	3,020,000	$	3,020,000	161044
6130	600645	Training Activities	$	8,100,000	$	92,989	161045
TOTAL GSF General Services							161046
Fund Group			$	124,780,339	$	116,773,328	161047

Federal Special Revenue Fund Group	161048

3270	600606	Child Welfare	$	29,769,866	$	29,769,866	161049
3310	600615	Veterans Programs	$	8,000,000	$	8,000,000	161050
3310	600624	Employment Services Programs	$	26,000,000	$	26,000,000	161051
3310	600686	Workforce Programs	$	6,260,000	$	6,260,000	161052
3840	600610	Food Assistance Programs	$	209,333,246	$	180,381,394	161053
3850	600614	Refugee Services	$	12,564,952	$	12,564,952	161054
3950	600616	Federal Discretionary Grants	$	2,259,264	$	2,259,264	161055
3960	600620	Social Services Block Grant	$	47,000,000	$	47,000,000	161056
3970	600626	Child Support - Federal	$	235,000,000	$	235,000,000	161057
3980	600627	Adoption Program - Federal	$	174,178,779	$	174,178,779	161058
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	161059
3D30	600648	Children's Trust Fund Federal	$	3,477,699	$	3,477,699	161060
3F01	655624	Medicaid Program Support	$	110,680,495	$	110,680,495	161061
3H70	600617	Child Care Federal	$	241,987,805	$	222,212,089	161062
3N00	600628	Foster Care Program - Federal	$	311,968,616	$	311,968,616	161063
3S50	600622	Child Support Projects	$	534,050	$	534,050	161064
3V00	600688	Workforce Investment Act Programs	$	136,000,000	$	136,000,000	161065
3V40	600678	Federal Unemployment Programs	$	182,814,212	$	182,814,212	161066
3V40	600679	UC Review Commission - Federal	$	6,185,788	$	6,185,788	161067
3V60	600689	TANF Block Grant	$	777,957,809	$	790,304,845	161068
TOTAL FED Federal Special Revenue							161069
Fund Group			$	2,526,972,581	$	2,490,592,049	161070

State Special Revenue Fund Group	161071

1980	600647	Children's Trust Fund	$	5,873,848	$	5,873,848	161072
4A90	600607	Unemployment Compensation Administration Fund	$	9,006,000	$	9,006,000	161073
4E70	600604	Family and Children Services Collections	$	400,000	$	400,000	161074
4F10	600609	Family and Children Activities	$	683,549	$	683,549	161075
5DB0	600637	Military Injury Relief Subsidies	$	2,000,000	$	2,000,000	161076
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	161077
5ES0	600630	Food Bank Assistance	$	500,000	$	500,000	161078
5KU0	600611	Unemployment Compensation Support - Other Sources	$	2,000,000	$	2,000,000	161079
5NG0	600660	Victims of Human Trafficking	$	100,000	$	100,000	161080
5U60	600663	Family and Children Support	$	4,000,000	$	4,000,000	161081
TOTAL SSR State Special Revenue							161082
Fund Group			$	25,063,397	$	25,063,397	161083

Agency Fund Group	161084

1920	600646	Child Support Intercept - Federal	$	129,250,000	$	129,250,000	161085
5830	600642	Child Support Intercept - State	$	14,000,000	$	14,000,000	161086
5B60	600601	Food Assistance Intercept	$	1,000,000	$	1,000,000	161087
TOTAL AGY Agency Fund Group			$	144,250,000	$	144,250,000	161088

Holding Account Redistribution Fund Group	161089

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	161090
R013	600644	Forgery Collections	$	10,000	$	10,000	161091
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	161092
TOTAL ALL BUDGET FUND GROUPS			$	3,586,058,989	$	3,541,671,446	161093

Section 301.15. TRANSFER OF ENCUMBRANCES

161095

On July 1, 2013, or as soon as possible thereafter, the	161096
Director of Job and Family Services shall certify to the Director	161097
of Budget and Management all medical assistance-related	161098
encumbrances held by the Department of Job and Family Services.	161099
The Director of Budget and Management may cancel any existing	161100
encumbrances, as certified by the Director of Job and Family	161101
Services, and reestablish them in the Departments of Job and	161102
Family Services and Medicaid. The reestablished encumbrance	161103
amounts are hereby appropriated.	161104

Section 301.20. TRANSFER TO STATE AND COUNTY SHARED SERVICES	161105
FUND	161106

Within thirty days of the effective date of this act, or as	161107
soon as possible thereafter, the Director of Budget and Management	161108
shall transfer the cash balance in the County Technologies Fund	161109
(Fund 5N10) to the State and County Shared Services Fund (Fund	161110
5HL0).	161111

Section 301.30. AGENCY AND HOLDING ACCOUNT REDISTRIBUTION	161112
FUND GROUPS	161113

The Agency Fund Group and Holding Account Redistribution Fund	161114
Group shall be used to hold revenues until the appropriate fund is	161115
determined or until the revenues are directed to the appropriate	161116
governmental agency other than the Department of Job and Family	161117
Services. If receipts credited to the Support Intercept – Federal	161118
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),	161119
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit	161120
Settlements Fund (Fund R012), or the Forgery Collections Fund	161121
(Fund R013) exceed the amounts appropriated from the fund, the	161122
Director of Job and Family Services may request the Director of	161123
Budget and Management to authorize expenditures from the fund in	161124
excess of the amounts appropriated. Upon the approval of the	161125
Director of Budget and Management, the additional amounts are	161126
hereby appropriated.	161127

Section 301.33. BIG BROTHERS BIG SISTERS

161128

Of the foregoing appropriation item 600410, TANF	161129
State/Maintenance of Effort, $1,000,000 in each fiscal year shall	161130
be provided, in accordance with sections 5101.80 and 5101.801 of	161131
the Revised Code, to Big Brothers Big Sisters of Central Ohio to	161132
provide mentoring services to children of incarcerated parents	161133
throughout the state.	161134

Section 301.40. COUNTY ADMINISTRATIVE FUNDS

161135

(A) The foregoing appropriation item 600521, Family	161136
Assistance - Local, may be provided to county departments of job	161137
and family services to administer food assistance and disability	161138
assistance programs.	161139

(B) The foregoing appropriation item 655522, Medicaid Program	161140
Support - Local, may be provided to county departments of job and	161141
family services to administer the Medicaid program and the State	161142
Children's Health Insurance program.	161143

(C) At the request of the Director of Job and Family	161144
Services, the Director of Budget and Management may transfer	161145
appropriations between appropriation item 600521, Family	161146
Assistance - Local, and appropriation item 655522, Medicaid	161147
Program Support - Local, in order to ensure county administrative	161148
funds are expended from the proper appropriation item.	161149

(D) If receipts credited to the Medicaid Program Support Fund	161150
(Fund 3F01) and the Supplemental Nutrition Assistance Program Fund	161151
(Fund 3840) exceed the amounts appropriated, the Director of Job	161152
and Family Services shall request the Director of Budget and	161153
Management to authorize expenditures from those funds in excess of	161154
the amounts appropriated. Upon approval of the Director of Budget	161155
and Management, the additional amounts are hereby appropriated.	161156

Section 301.43. LOCAL TRANSITION TO NEW ELIGIBILITY	161157
DETERMINATION SYSTEM	161158

Of the foregoing appropriation item 655522, Medicaid Program	161159
Support – Local, $7,200,000 in each fiscal year shall be provided	161160
to county departments of job and family services, along with the	161161
corresponding federal reimbursement from line items 600610, Food	161162
Assistance Programs, and 655624, Medicaid Program Support, for	161163
costs related to transitioning to a new public assistance	161164
eligibility determination system. County departments of job and	161165
family services shall comply with new roles, processes, and	161166
responsibilities related to the new system. Funds earmarked in	161167
this section shall not be used for existing and ongoing operating	161168
expenses. The Director of Medicaid shall establish criteria for	161169
distributing funds and for county departments of job and family	161170
services to submit allowable expenses. County departments of job	161171
and family services shall report to the Department of Job and	161172
Family Services and the Department of Medicaid allowable expenses	161173
for transitioning to the new system separately from existing and	161174
ongoing operating expenses.	161175

Section 301.50. FOOD STAMPS TRANSFER

161176

On July 1, 2013, or as soon as possible thereafter, the	161177
Director of Budget and Management may transfer up to $1,000,000	161178
cash from the Supplemental Nutrition Assistance Program Fund (Fund	161179
3840), to the Food Assistance Fund (Fund 5ES0).	161180

Section 301.60. NAME OF FOOD STAMP PROGRAM

161181

The Director of Job and Family Services is not required to	161182
amend rules regarding the Food Stamp Program to change the name of	161183
the program to the Supplemental Nutrition Assistance Program. The	161184
Director may refer to the program as the Food Stamp Program or the	161185
Food Assistance Program in rules and documents of the Department	161186
of Job and Family Services.	161187

Section 301.70. OHIO ASSOCIATION OF FOOD BANKS

161188

The foregoing appropriation item 600540, Food Banks, shall be	161189
used to provide funds to the Ohio Association of Food Banks to	161190
purchase and distribute food products.	161191

Notwithstanding section 5101.46 of the Revised Code and any	161192
other provision in this bill, in addition to funds designated for	161193
the Ohio Association of Food Banks in this section, in fiscal year	161194
2014 and fiscal year 2015, the Director of Job and Family Services	161195
shall provide assistance from eligible funds to the Ohio	161196
Association of Food Banks in an amount up to or equal to the	161197
assistance provided in state fiscal year 2013 from all funds used	161198
by the Department, except the General Revenue Fund.	161199

Eligible nonfederal expenditures made by member food banks of	161200
the Association shall be counted by the Department of Job and	161201
Family Services toward the TANF maintenance of effort requirements	161202
of 42 U.S.C. 609(a)(7). The Director of Job and Family Services	161203
shall enter into an agreement with the Ohio Association of Food	161204
Banks, in accordance with sections 5101.80 and 5101.801 of the	161205
Revised Code, to carry out the requirements under this section.	161206

Section 301.80. PUBLIC ASSISTANCE ACTIVITIES/TANF MOE

161207

The foregoing appropriation item 600658, Public Assistance	161208
Activities, shall be used by the Department of Job and Family	161209
Services to meet the TANF maintenance of effort requirements of 42	161210
U.S.C. 609(a)(7). When the state is assured that it will meet the	161211
maintenance of effort requirement, the Department of Job and	161212
Family Services may use funds from appropriation item 600658,	161213
Public Assistance Activities, to support public assistance	161214
activities.	161215

Section 301.90. GOVERNOR'S OFFICE OF FAITH-BASED AND	161216
COMMUNITY INITIATIVES	161217

Of the foregoing appropriation item 600689, TANF Block Grant,	161218
up to $6,540,000 in each fiscal year shall be used, in accordance	161219
with sections 5101.80 and 5101.801 of the Revised Code, to provide	161220
support to programs or organizations that provide services that	161221
align with the mission and goals of the Governor's Office of	161222
Faith-Based and Community Initiatives, as outlined in section	161223
107.12 of the Revised Code, and that further at least one of the	161224
four purposes of the TANF program, as specified in 42 U.S.C. 601.	161225

Section 301.100. INDEPENDENT LIVING INITIATIVE

161226

Of the foregoing appropriation item 600689, TANF Block Grant,	161227
up to $2,000,000 in each fiscal year shall be used, in accordance	161228
with sections 5101.80 and 5101.801 of the Revised Code, to support	161229
the Independent Living Initiative, including life skills training	161230
and work supports for older children in foster care and those who	161231
have recently aged out of foster care.	161232

Section 301.110. KINSHIP PERMANENCY INCENTIVE PROGRAM

161233

Of the foregoing appropriation item 600689, TANF Block Grant,	161234
$1,750,000 in each fiscal year shall be used to support the	161235
activities of the Kinship Permanency Incentive Program established	161236
in section 5101.802 of the Revised Code.	161237

Section 301.120. OHIO COMMISSION ON FATHERHOOD

161238

Of the foregoing appropriation item 600689, TANF Block Grant,	161239
$1,000,000 in each fiscal year shall be provided to the Ohio	161240
Commission on Fatherhood.	161241

Section 301.123. OHIO ALLIANCE OF BOYS AND GIRLS CLUBS

161242

Of the foregoing appropriation item 600689, TANF Block Grant,	161243
$500,000 in each fiscal year shall be provided, in accordance with	161244
sections 5101.80 and 5101.801 of the Revised Code, to the Ohio	161245
Alliance of Boys and Girls Clubs to provide after-school programs	161246
that protect at-risk children and enable youth to become	161247
responsible adults.	161248

Section 301.125. HARVARD COMMUNITY SERVICES CENTER

161249

Of the foregoing appropriation item 600689, TANF Block Grant,	161250
$1,000,000 in fiscal year 2014 shall be provided, in accordance	161251
with sections 5101.80 and 5101.801 of the Revised Code, to the	161252
Harvard Community Services Center in Cleveland to provide	161253
workforce development and other supportive services to individuals	161254
under the Harvard Hands-On Initiative. Any amount of this earmark	161255
that remains unspent at the end of fiscal year 2014 may be	161256
transferred to fiscal year 2015.	161257

Section 301.130. DIFFERENTIAL RESPONSE

161258

In accordance with an independent evaluation of the Ohio	161259
Alternative Response Pilot Program that recommended statewide	161260
implementation, the Department of Job and Family Services shall	161261
plan the statewide expansion of the Ohio Alternative Response	161262
Pilot Program on a county by county basis, through a schedule	161263
determined by the Department. The program shall be known as the	161264
"differential response" approach as defined in section 2151.011 of	161265
the Revised Code. Notwithstanding provisions of Chapter 2151. of	161266
the Revised Code that refer to "differential response,"	161267
"traditional response," and "alternative response," those	161268
provisions shall become effective on the scheduled date of	161269
expansion of the differential response approach to that county.	161270
Prior to statewide implementation, the Department may adopt rules	161271
in accordance with Chapter 119. of the Revised Code as necessary	161272
to carry out the purposes of this section.	161273

Section 301.140. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

161274

In collaboration with the county family and children first	161275
council, a county department of job and family services or public	161276
children services agency that receives an allocation from the	161277
Department of Job and Family Services from the foregoing	161278
appropriation item 600523, Family and Children Services, or	161279
600533, Child, Family, and Adult Community & Protective Services,	161280
may transfer a portion of either or both allocations to a flexible	161281
funding pool as authorized by the section of this act titled	161282
"FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	161283

Section 301.143. CHILDREN'S CRISIS CARE FACILITIES

161284

Of the foregoing appropriation item 600523, Family and	161285
Children Services, $150,000 in each fiscal year shall be provided	161286
to children's crisis care facilities, as defined in section	161287
5103.13 of the Revised Code. The Director of Job and Family	161288
Services shall allocate funds based on the number of children at	161289
each facility. A children's crisis care facility may decline to	161290
receive funds provided for under this section. A children's crisis	161291
care facility that accepts funds provided under this section shall	161292
use the funds in accordance with section 5103.13 of the Revised	161293
Code and rules in section 5101:2-9-36 of the Administrative Code.	161294

Section 301.150. CHILD, FAMILY, AND ADULT COMMUNITY AND	161295
PROTECTIVE SERVICES	161296

(A) The foregoing appropriation item 600533, Child, Family,	161297
and Adult Community & Protective Services, shall be distributed to	161298
each county department of job and family services using the	161299
formula the Department of Job and Family Services uses when	161300
distributing Title XX funds to county departments of job and	161301
family services under section 5101.46 of the Revised Code. County	161302
departments shall use the funds distributed to them under this	161303
section as follows, in accordance with the written plan of	161304
cooperation entered into under section 307.983 of the Revised	161305
Code:	161306

(1) To assist individuals achieve or maintain	161307
self-sufficiency, including by reducing or preventing dependency	161308
among individuals with family income not exceeding two hundred per	161309
cent of the federal poverty guidelines;	161310

(2) Subject to division (B) of this section, to respond to	161311
reports of abuse, neglect, or exploitation of children and adults,	161312
including through the differential response approach program	161313
developed under Section 309.50.10 of this act;	161314

(3) To provide outreach and referral services regarding home	161315
and community-based services to individuals at risk of placement	161316
in a group home or institution, regardless of the individuals'	161317
family income and without need for a written application;	161318

(4) To provide outreach, referral, application assistance,	161319
and other services to assist individuals receive assistance,	161320
benefits, or services under Medicaid; Title IV-A programs, as	161321
defined in section 5101.80 of the Revised Code; the Supplemental	161322
Nutrition Assistance Program; and other public assistance	161323
programs.	161324

(B) Protective services may be provided to a child or adult	161325
as part of a response, under division (A)(2) of this section, to a	161326
report of abuse, neglect, or exploitation without regard to a	161327
child or adult's family income and without need for a written	161328
application. The protective services may be provided if the case	161329
record documents circumstances of actual or potential abuse,	161330
neglect, or exploitation.	161331

Section 301.160. CHILDREN AND FAMILY SERVICES ACTIVITIES

161332

The foregoing appropriation item 600609, Children and Family	161333
Services Activities, shall be used to expend miscellaneous	161334
foundation funds and grants to support children and family	161335
services activities.	161336

Section 301.170. ADOPTION ASSISTANCE LOAN

161337

Of the foregoing appropriation item 600634, Adoption	161338
Assistance Loan, the Department of Job and Family Services may use	161339
up to ten per cent for administration of adoption assistance loans	161340
pursuant to section 3107.018 of the Revised Code.	161341

Section 301.171. TRAINING ACTIVITIES

161342

Of the foregoing appropriation item 600645, Training	161343
Activities, $8,000,000 shall be used in fiscal year 2014 for the	161344
Workforce Training Pilot Program for the Economically	161345
Disadvantaged established in Section 751.41 of this act. An amount	161346
equal to the unexpended, unencumbered portion of the foregoing	161347
appropriation item 600645, Training Activities, at the end of	161348
fiscal year 2014 is hereby reappropriated for the same purpose for	161349
fiscal year 2015.	161350

Section 301.173. VICTIMS OF HUMAN TRAFFICKING

161351

The foregoing appropriation item 600660, Victims of Human	161352
Trafficking, shall be used to provide treatment, care,	161353
rehabilitation, education, housing, and assistance for victims of	161354
trafficking in persons as specified in section 5101.87 of the	161355
Revised Code. If receipts credited to the Victims of Human	161356
Trafficking Fund (Fund 5NG0) exceed the amounts appropriated to	161357
the fund, the Director of Job and Family Services may request the	161358
Director of Budget and Management to authorize expenditures from	161359
the fund in excess of the amounts appropriated. Upon the approval	161360
of the Director of Budget and Management, the additional amounts	161361
are hereby appropriated.	161362

Section 301.180. FEDERAL UNEMPLOYMENT PROGRAMS

161363

All unexpended funds remaining at the end of fiscal year 2013	161364
that were appropriated and made available to the state under	161365
section 903(d) of the Social Security Act, as amended, in the	161366
foregoing appropriation item 600678, Federal Unemployment Programs	161367
(Fund 3V40), are hereby appropriated to the Department of Job and	161368
Family Services. Upon the request of the Director of Job and	161369
Family Services, the Director of Budget and Management may	161370
increase the appropriation for fiscal year 2014 by the amount	161371
remaining unspent from the fiscal year 2013 appropriation and may	161372
increase the appropriation for fiscal year 2015 by the amount	161373
remaining unspent from the fiscal year 2014 appropriation. The	161374
appropriation shall be used under the direction of the Department	161375
of Job and Family Services to pay for administrative activities	161376
for the Unemployment Insurance Program, employment services, and	161377
other allowable expenditures under section 903(d) of the Social	161378
Security Act, as amended.	161379

The amounts obligated pursuant to this section shall not	161380
exceed at any time the amount by which the aggregate of the	161381
amounts transferred to the account of the state under section	161382
903(d) of the Social Security Act, as amended, exceeds the	161383
aggregate of the amounts obligated for administration and paid out	161384
for benefits and required by law to be charged against the amounts	161385
transferred to the account of the state.	161386

Section 301.190. UNEMPLOYMENT COMPENSATION INTEREST

161387

The foregoing appropriation item 600695, Unemployment	161388
Compensation Interest, shall be used for payment of interest costs	161389
paid to the United States Secretary of the Treasury for the	161390
repayment of accrued interest related to federal unemployment	161391
account borrowing.	161392

Section 303.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

161393

General Revenue Fund	161394

GRF	029321	Operating Expenses	$	455,858	$	456,376	161395
TOTAL GRF General Revenue Fund			$	455,858	$	456,376	161396
TOTAL ALL BUDGET FUND GROUPS			$	455,858	$	456,376	161397

OPERATING GUIDANCE

161398

The Chief Administrative Officer of the House of	161399
Representatives and the Clerk of the Senate shall determine, by	161400
mutual agreement, which of them shall act as fiscal agent for the	161401
Joint Committee on Agency Rule Review. Members of the Committee	161402
shall be paid in accordance with section 101.35 of the Revised	161403
Code.	161404

OPERATING EXPENSES

161405

On July 1, 2013, or as soon as possible thereafter, the	161406
Executive Director of the Joint Committee on Agency Rule Review	161407
may certify to the Director of Budget and Management the amount of	161408
the unexpended, unencumbered balance of the foregoing	161409
appropriation item 029321, Operating Expenses, at the end of	161410
fiscal year 2013 to be reappropriated to fiscal year 2014. The	161411
amount certified is hereby reappropriated to the same	161412
appropriation item for fiscal year 2014.	161413

On July 1, 2014, or as soon as possible thereafter, the	161414
Executive Director of the Joint Committee on Agency Rule Review	161415
may certify to the Director of Budget and Management the amount of	161416
the unexpended, unencumbered balance of the foregoing	161417
appropriation item 029321, Operating Expenses, at the end of	161418
fiscal year 2014 to be reappropriated to fiscal year 2015. The	161419
amount certified is hereby reappropriated to the same	161420
appropriation item for fiscal year 2015.	161421

Section 305.10. JCO JUDICIAL CONFERENCE OF OHIO

161422

General Revenue Fund	161423

GRF	018321		Operating Expenses		$	824,900		$	847,200		161424
TOTAL GRF General Revenue Fund					$	824,900		$	847,200		161425

General Services Fund Group	161426

4030	018601	Ohio Jury Instructions	$	385,000	$	385,000	161427
TOTAL GSF General Services Fund Group			$	385,000	$	385,000	161428
TOTAL ALL BUDGET FUND GROUPS			$	1,209,900	$	1,232,200	161429

STATE COUNCIL OF UNIFORM STATE LAWS

161430

Notwithstanding section 105.26 of the Revised Code, of the	161431
foregoing appropriation item 018321, Operating Expenses, up to	161432
$84,900 in fiscal year 2014 and up to $88,300 in fiscal year 2015	161433
shall be used to pay the expenses of the State Council of Uniform	161434
State Laws, including membership dues to the National Conference	161435
of Commissioners on Uniform State Laws.	161436

OHIO JURY INSTRUCTIONS FUND

161437

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	161438
grants, royalties, dues, conference fees, bequests, devises, and	161439
other gifts received for the purpose of supporting costs incurred	161440
by the Judicial Conference of Ohio in its activities as a part of	161441
the judicial system of the state as determined by the Judicial	161442
Conference Executive Committee. Fund 4030 shall be used by the	161443
Judicial Conference of Ohio to pay expenses incurred in its	161444
activities as a part of the judicial system of the state as	161445
determined by the Judicial Conference Executive Committee. All	161446
moneys accruing to Fund 4030 in excess of $385,000 in fiscal year	161447
2014 and in excess of $385,000 in fiscal year 2015 are hereby	161448
appropriated for the purposes authorized.	161449

No money in Fund 4030 shall be transferred to any other fund	161450
by the Director of Budget and Management or the Controlling Board.	161451

Section 307.10. JSC THE JUDICIARY/SUPREME COURT

161452

General Revenue Fund	161453

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	138,016,534	$	140,232,737	161454
GRF	005406	Law-Related Education	$	236,172	$	236,172	161455
GRF	005409	Ohio Courts Technology Initiative	$	3,350,000	$	3,350,000	161456
TOTAL GRF General Revenue Fund			$	141,602,706	$	143,818,909	161457

General Services Fund Group	161458

6720	005601		Continuing Judicial Education		$	101,392		$	93,563		161459
TOTAL GSF General Services Fund Group					$	101,392		$	93,563		161460

Federal Special Revenue Fund Group	161461

3J00	005603		Federal Grants		$	1,235,900		$	1,252,600		161462
TOTAL FED Federal Special Revenue Fund Group					$	1,235,900		$	1,252,600		161463

State Special Revenue Fund Group	161464

4C80	005605	Attorney Services	$	3,923,101	$	3,915,721	161465
5HT0	005617	Court Interpreter Certification	$	23,000	$	23,000	161466
5JY0	005620	County Law Library Resources Boards	$	258,000	$	258,000	161467
5T80	005609	Grants and Awards	$	25,000	$	25,000	161468
6A80	005606	Supreme Court Admissions	$	1,283,751	$	1,308,025	161469
TOTAL SSR State Special Revenue Fund Group			$	5,512,852	$	5,529,746	161470
TOTAL ALL BUDGET FUND GROUPS			$	148,452,850	$	150,694,818	161471

OPERATING EXPENSES - JUDICIARY/SUPREME COURT

161472

Of the foregoing appropriation item 005321, Operating	161473
Expenses - Judiciary/Supreme Court, up to $206,770 in each fiscal	161474
year may be used to support the functions of the State Criminal	161475
Sentencing Council.	161476

LAW-RELATED EDUCATION

161477

The foregoing appropriation item 005406, Law-Related	161478
Education, shall be distributed directly to the Ohio Center for	161479
Law-Related Education for the purposes of providing continuing	161480
citizenship education activities to primary and secondary	161481
students, expanding delinquency prevention programs, increasing	161482
activities for at-risk youth, and accessing additional public and	161483
private money for new programs.	161484

OHIO COURTS TECHNOLOGY INITIATIVE

161485

The foregoing appropriation item 005409, Ohio Courts	161486
Technology Initiative, shall be used to fund an initiative by the	161487
Supreme Court to facilitate the exchange of information and	161488
warehousing of data by and between Ohio courts and other justice	161489
system partners through the creation of an Ohio Courts Network,	161490
the delivery of technology services to courts throughout the	161491
state, including the provision of hardware, software, and the	161492
development and implementation of educational and training	161493
programs for judges and court personnel, and operation of the	161494
Commission on Technology and the Courts by the Supreme Court for	161495
the promulgation of statewide rules, policies, and uniform	161496
standards, and to aid in the orderly adoption and comprehensive	161497
use of technology in Ohio courts.	161498

CONTINUING JUDICIAL EDUCATION

161499

The Continuing Judicial Education Fund (Fund 6720) shall	161500
consist of fees paid by judges and court personnel for attending	161501
continuing education courses and other gifts and grants received	161502
for the purpose of continuing judicial education. The foregoing	161503
appropriation item 005601, Continuing Judicial Education, shall be	161504
used to pay expenses for continuing education courses for judges	161505
and court personnel. If it is determined by the Administrative	161506
Director of the Supreme Court that additional appropriations are	161507
necessary, the amounts are hereby appropriated.	161508

No money in Fund 6720 shall be transferred to any other fund	161509
by the Director of Budget and Management or the Controlling Board.	161510
Interest earned on money in Fund 6720 shall be credited to the	161511
fund.	161512

FEDERAL GRANTS

161513

The Federal Grants Fund (Fund 3J00) shall consist of grants	161514
and other moneys awarded to the Supreme Court (The Judiciary) by	161515
the United States Government or other entities that receive the	161516
moneys directly from the United States Government and distribute	161517
those moneys to the Supreme Court (The Judiciary). The foregoing	161518
appropriation item 005603, Federal Grants, shall be used in a	161519
manner consistent with the purpose of the grant or award. If it is	161520
determined by the Administrative Director of the Supreme Court	161521
that additional appropriations are necessary, the amounts are	161522
hereby appropriated.	161523

No money in Fund 3J00 shall be transferred to any other fund	161524
by the Director of Budget and Management or the Controlling Board.	161525
However, interest earned on money in Fund 3J00 shall be credited	161526
or transferred to the General Revenue Fund.	161527

ATTORNEY SERVICES

161528

The Attorney Services Fund (Fund 4C80), formerly known as the	161529
Attorney Registration Fund, shall consist of money received by the	161530
Supreme Court (The Judiciary) pursuant to the Rules for the	161531
Government of the Bar of Ohio. In addition to funding other	161532
activities considered appropriate by the Supreme Court, the	161533
foregoing appropriation item 005605, Attorney Services, may be	161534
used to compensate employees and to fund appropriate activities of	161535
the following offices established by the Supreme Court: the Office	161536
of Disciplinary Counsel, the Board of Commissioners on Grievances	161537
and Discipline, the Clients' Security Fund, and the Attorney	161538
Services Division. If it is determined by the Administrative	161539
Director of the Supreme Court that additional appropriations are	161540
necessary, the amounts are hereby appropriated.	161541

No money in Fund 4C80 shall be transferred to any other fund	161542
by the Director of Budget and Management or the Controlling Board.	161543
Interest earned on money in Fund 4C80 shall be credited to the	161544
fund.	161545

COURT INTERPRETER CERTIFICATION

161546

The Court Interpreter Certification Fund (Fund 5HT0) shall	161547
consist of money received by the Supreme Court (The Judiciary)	161548
pursuant to Rules 80 through 87 of the Rules of Superintendence	161549
for the Courts of Ohio. The foregoing appropriation item 005617,	161550
Court Interpreter Certification, shall be used to provide	161551
training, to provide the written examination, and to pay language	161552
experts to rate, or grade, the oral examinations of those applying	161553
to become certified court interpreters. If it is determined by the	161554
Administrative Director that additional appropriations are	161555
necessary, the amounts are hereby appropriated.	161556

No money in Fund 5HT0 shall be transferred to any other fund	161557
by the Director of Budget and Management or the Controlling Board.	161558
Interest earned on money in Fund 5HT0 shall be credited to the	161559
fund.	161560

COUNTY LAW LIBRARY RESOURCES BOARD

161561

The Statewide Consortium of County Law Library Resources	161562
Boards Fund (Fund 5JY0) shall consist of moneys deposited pursuant	161563
to section 307.515 of the Revised Code into a county's law library	161564
resources fund and forwarded by that county's treasurer for	161565
deposit in the state treasury pursuant to division (E)(1) of	161566
section 3375.481 of the Revised Code. The foregoing appropriation	161567
item 005620, County Law Library Resources Board, shall be used for	161568
the operation of the Statewide Consortium of County Law Library	161569
Resources Boards. If it is determined by the Administrative	161570
Director of the Supreme Court that additional appropriations are	161571
necessary, the amounts are hereby appropriated.	161572

No money in Fund 5JY0 shall be transferred to any other fund	161573
by the Director of Budget and Management or the Controlling Board.	161574
Interest earned on money in Fund 5JY0 shall be credited to the	161575
fund.	161576

GRANTS AND AWARDS

161577

The Grants and Awards Fund (Fund 5T80) shall consist of	161578
grants and other money awarded to the Supreme Court (The	161579
Judiciary) by the State Justice Institute, the Division of	161580
Criminal Justice Services, or other entities. The foregoing	161581
appropriation item 005609, Grants and Awards, shall be used in a	161582
manner consistent with the purpose of the grant or award. If it is	161583
determined by the Administrative Director of the Supreme Court	161584
that additional appropriations are necessary, the amounts are	161585
hereby appropriated.	161586

No money in Fund 5T80 shall be transferred to any other fund	161587
by the Director of Budget and Management or the Controlling Board.	161588
However, interest earned on money in Fund 5T80 shall be credited	161589
or transferred to the General Revenue Fund.	161590

SUPREME COURT ADMISSIONS

161591

The foregoing appropriation item 005606, Supreme Court	161592
Admissions, shall be used to compensate Supreme Court employees	161593
who are primarily responsible for administering the attorney	161594
admissions program under the Rules for the Government of the Bar	161595
of Ohio, and to fund any other activities considered appropriate	161596
by the court. Moneys shall be deposited into the Supreme Court	161597
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	161598
Government of the Bar of Ohio. If it is determined by the	161599
Administrative Director of the Supreme Court that additional	161600
appropriations are necessary, the amounts are hereby appropriated.	161601

No money in Fund 6A80 shall be transferred to any other fund	161602
by the Director of Budget and Management or the Controlling Board.	161603
Interest earned on money in Fund 6A80 shall be credited to the	161604
fund.	161605

Section 309.10. LEC LAKE ERIE COMMISSION

161606

Federal Special Revenue Fund Group	161607

3EP0	780603		Lake Erie Federal Grants		$	25,000		$	0		161608
TOTAL FED Federal Special Revenue Fund Group					$	25,000		$	0		161609

State Special Revenue Fund Group	161610

4C00	780601	Lake Erie Protection Fund	$	200,000	$	200,000	161611
5D80	780602	Lake Erie Resources Fund	$	298,942	$	339,637	161612
TOTAL SSR State Special Revenue							161613
Fund Group			$	498,942	$	539,637	161614
TOTAL ALL BUDGET FUND GROUPS			$	523,942	$	539,637	161615

CASH TRANSFERS TO THE LAKE ERIE RESOURCES FUND

161616

On July 1 of each fiscal year, or as soon as possible	161617
thereafter, the Director of Budget and Management may transfer	161618
cash from the funds specified below, up to the amounts specified	161619
below, to the Lake Erie Resources Fund (Fund 5D80). Fund 5D80 may	161620
accept contributions and transfers made to the fund.	161621

Fund	Fund Name	User	FY 2014	FY 2015	161622
5BC0	Environmental Protection	Environmental Protection Agency	$23,500	$53,500	161623
6690	Pesticide, Fertilizer and Lime	Department of Agriculture	$23,500	$53,500	161624
4700	General Operations	Department of Health	$23,500	$53,500	161625
1570	Central Support Indirect	Department of Natural Resources	$23,500	$53,500	161626

On July 1, 2013, or as soon as possible thereafter, the	161627
Director of Budget and Management may transfer $23,500 cash from a	161628
fund used by the Development Services Agency, as specified by the	161629
Director of Development Services, to Fund 5D80.	161630

On July 1, 2014, or as soon as possible thereafter, the	161631
Director of Budget and Management may transfer $53,500 cash from a	161632
fund used by the Development Services Agency, as specified by the	161633
Director of Development Services, to Fund 5D80.	161634

Section 311.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

161635

General Revenue Fund	161636

GRF	028321		Legislative Ethics Committee		$	550,000		$	550,000		161637
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		161638

General Services Fund Group	161639

4G70	028601	Joint Legislative Ethics Committee	$	150,000	$	150,000	161640
TOTAL GSF General Services Fund Group			$	150,000	$	150,000	161641
TOTAL ALL BUDGET FUND GROUPS			$	700,000	$	700,000	161642

LEGISLATIVE ETHICS COMMITTEE

161643

On July 1, 2013, or as soon as possible thereafter, the	161644
Legislative Inspector General of the Joint Legislative Ethics	161645
Committee may certify to the Director of Budget and Management the	161646
amount of the unexpended, unencumbered balance of the foregoing	161647
appropriation item 028321, Legislative Ethics Committee, at the	161648
end of fiscal year 2013 to be reappropriated to fiscal year 2014.	161649
The amount certified is hereby reappropriated to the same	161650
appropriation item for fiscal year 2014.	161651

On July 1, 2014, or as soon as possible thereafter, the	161652
Legislative Inspector General of the Joint Legislative Ethics	161653
Committee may certify to the Director of Budget and Management the	161654
amount of the unexpended, unencumbered balance of the foregoing	161655
appropriation item 028321, Legislative Ethics Committee, at the	161656
end of fiscal year 2014 to be reappropriated to fiscal year 2015.	161657
The amount certified is hereby reappropriated to the same	161658
appropriation item for fiscal year 2015.	161659

Section 313.10. LSC LEGISLATIVE SERVICE COMMISSION

161660

General Revenue Fund	161661

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	161662
GRF	035402	Legislative Fellows	$	1,022,120	$	1,022,120	161663
GRF	035405	Correctional Institution Inspection Committee	$	460,845	$	460,845	161664
GRF	035407	Legislative Task Force on Redistricting	$	320,000	$	400,000	161665
GRF	035409	National Associations	$	460,560	$	460,560	161666
GRF	035410	Legislative Information Systems	$	3,861,250	$	3,861,250	161667
GRF	035411	Ohio Constitutional Modernization Commission	$	600,000	$	600,000	161668
TOTAL GRF General Revenue Fund			$	21,842,475	$	21,922,475	161669

General Services Fund Group	161670

4100	035601	Sale of Publications	$	10,000	$	10,000	161671
4F60	035603	Legislative Budget Services	$	200,000	$	200,000	161672
5EF0	035607	Legislative Agency Telephone Usage	$	30,000	$	30,000	161673
TOTAL GSF General Services							161674
Fund Group			$	240,000	$	240,000	161675
TOTAL ALL BUDGET FUND GROUPS			$	22,082,475	$	22,162,475	161676

OPERATING EXPENSES

161677

On July 1, 2013, or as soon as possible thereafter, the	161678
Director of the Legislative Service Commission may certify to the	161679
Director of Budget and Management the amount of the unexpended,	161680
unencumbered balance of the foregoing appropriation item 035321,	161681
Operating Expenses, at the end of fiscal year 2013 to be	161682
reappropriated to fiscal year 2014. The amount certified is hereby	161683
reappropriated to the same appropriation item for fiscal year	161684
2014.	161685

On July 1, 2014, or as soon as possible thereafter, the	161686
Director of the Legislative Service Commission may certify to the	161687
Director of Budget and Management the amount of the unexpended,	161688
unencumbered balance of the foregoing appropriation item 035321,	161689
Operating Expenses, at the end of fiscal year 2014 to be	161690
reappropriated to fiscal year 2015. The amount certified is hereby	161691
reappropriated to the same appropriation item for fiscal year	161692
2015.	161693

LEGISLATIVE TASK FORCE ON REDISTRICTING

161694

An amount equal to the unexpended, unencumbered portion of	161695
the foregoing appropriation item 035407, Legislative Task Force on	161696
Redistricting, at the end of fiscal year 2013 is hereby	161697
reappropriated to the Legislative Service Commission for the same	161698
purpose for fiscal year 2014.	161699

An amount equal to the unexpended, unencumbered portion of	161700
the foregoing appropriation item 035407, Legislative Task Force on	161701
Redistricting, at the end of fiscal year 2014 is hereby	161702
reappropriated to the Legislative Service Commission for the same	161703
purpose for fiscal year 2015.	161704

LEGISLATIVE INFORMATION SYSTEMS

161705

On July 1, 2013, or as soon as possible thereafter, the	161706
Director of the Legislative Service Commission may certify to the	161707
Director of Budget and Management the amount of the unexpended,	161708
unencumbered balance of the foregoing appropriation item 035410,	161709
Legislative Information Systems, at the end of fiscal year 2013 to	161710
be reappropriated to fiscal year 2014. The amount certified is	161711
hereby reappropriated to the same appropriation item for fiscal	161712
year 2014.	161713

On July 1, 2014, or as soon as possible thereafter, the	161714
Director of the Legislative Service Commission may certify to the	161715
Director of Budget and Management the amount of the unexpended,	161716
unencumbered balance of the foregoing appropriation item 035410,	161717
Legislative Information Systems, at the end of fiscal year 2014 to	161718
be reappropriated to fiscal year 2015. The amount certified is	161719
hereby reappropriated to the same appropriation item for fiscal	161720
year 2015.	161721

OHIO CONSTITUTIONAL MODERNIZATION COMMISSION

161722

The foregoing appropriation item 035411, Ohio Constitutional	161723
Modernization Commission, shall be used to support the operation	161724
and expenses of the Ohio Constitutional Modernization Commission	161725
under sections 103.61 to 103.67 of the Revised Code. All	161726
expenditures paid from the appropriation item must be approved by	161727
the director and chairperson of the Legislative Service Commission	161728
under division (A) of section 103.21 of the Revised Code.	161729

An amount equal to the unexpended, unencumbered portion of	161730
the foregoing appropriation item 035411, Ohio Constitutional	161731
Modernization Commission, at the end of fiscal year 2013 is hereby	161732
reappropriated to the Legislative Service Commission for the same	161733
purpose for fiscal year 2014.	161734

An amount equal to the unexpended, unencumbered portion of	161735
the foregoing appropriation item 035411, Ohio Constitutional	161736
Modernization Commission, at the end of fiscal year 2014 is hereby	161737
reappropriated to the Legislative Service Commission for the same	161738
purpose for fiscal year 2015.	161739

Section 315.10. LIB STATE LIBRARY BOARD

161740

General Revenue Fund	161741

GRF	350321	Operating Expenses	$	5,057,364	$	5,057,364	161742
GRF	350401	Ohioana Rental Payments	$	120,114	$	120,114	161743
GRF	350502	Regional Library Systems	$	582,469	$	582,469	161744
TOTAL GRF General Revenue Fund			$	5,759,947	$	5,759,947	161745

General Services Fund Group	161746

1390	350602	Intra-Agency Service Charges	$	8,000	$	8,000	161747
4590	350603	Library Service Charges	$	3,237,430	$	3,526,368	161748
4S40	350604	Ohio Public Library Information Network	$	5,689,788	$	5,689,788	161749
5GB0	350605	Library for the Blind	$	1,274,194	$	1,274,194	161750
TOTAL GSF General Services							161751
Fund Group			$	10,209,412	$	10,498,350	161752

Federal Special Revenue Fund Group	161753

3130	350601	LSTA Federal	$	5,303,693	$	5,120,439	161754
TOTAL FED Federal Special Revenue							161755
Fund Group			$	5,303,693	$	5,120,439	161756
TOTAL ALL BUDGET FUND GROUPS			$	21,273,052	$	21,378,736	161757

OHIOANA RENTAL PAYMENTS

161758

The foregoing appropriation item 350401, Ohioana Rental	161759
Payments, shall be used to pay the rental expenses of the Martha	161760
Kinney Cooper Ohioana Library Association under section 3375.61 of	161761
the Revised Code.	161762

REGIONAL LIBRARY SYSTEMS

161763

The foregoing appropriation item 350502, Regional Library	161764
Systems, shall be used to support regional library systems	161765
eligible for funding under sections 3375.83 and 3375.90 of the	161766
Revised Code.	161767

OHIO PUBLIC LIBRARY INFORMATION NETWORK

161768

(A) The foregoing appropriation item 350604, Ohio Public	161769
Library Information Network, shall be used for an information	161770
telecommunications network linking public libraries in the state	161771
and such others as may participate in the Ohio Public Library	161772
Information Network (OPLIN).	161773

The Ohio Public Library Information Network Board of Trustees	161774
created under section 3375.65 of the Revised Code may make	161775
decisions regarding use of the foregoing appropriation item	161776
350604, Ohio Public Library Information Network.	161777

(B) The OPLIN Board shall research and assist or advise local	161778
libraries with regard to emerging technologies and methods that	161779
may be effective means to control access to obscene and illegal	161780
materials. The OPLIN Director shall provide written reports upon	161781
request within ten days to the Governor, the Speaker and Minority	161782
Leader of the House of Representatives, and the President and	161783
Minority Leader of the Senate on any steps being taken by OPLIN	161784
and public libraries in the state to limit and control such	161785
improper usage as well as information on technological, legal, and	161786
law enforcement trends nationally and internationally affecting	161787
this area of public access and service.	161788

(C) The Ohio Public Library Information Network, INFOhio, and	161789
OhioLINK shall, to the extent feasible, coordinate and cooperate	161790
in their purchase or other acquisition of the use of electronic	161791
databases for their respective users and shall contribute funds in	161792
an equitable manner to such effort.	161793

LIBRARY FOR THE BLIND

161794

The foregoing appropriation item 350605, Library for the	161795
Blind, shall be used for the statewide Talking Book Program to	161796
assist the blind and disabled.	161797

TRANSFER TO OPLIN TECHNOLOGY FUND

161798

Notwithstanding sections 5747.03 and 5747.47 of the Revised	161799
Code and any other provision of law to the contrary, in accordance	161800
with a schedule established by the Director of Budget and	161801
Management, the Director of Budget and Management shall transfer	161802
$3,689,788 cash in each fiscal year from the Public Library Fund	161803
(Fund 7065) to the OPLIN Technology Fund (Fund 4S40).	161804

TRANSFER TO LIBRARY FOR THE BLIND FUND

161805

Notwithstanding sections 5747.03 and 5747.47 of the Revised	161806
Code and any other provision of law to the contrary, in accordance	161807
with a schedule established by the Director of Budget and	161808
Management, the Director of Budget and Management shall transfer	161809
$1,274,194 cash in each fiscal year from the Public Library Fund	161810
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).	161811

Section 317.10. LCO LIQUOR CONTROL COMMISSION

161812

State Special Revenue Fund Group	161813

5LP0	970601	Commission Operating Expenses	$	784,376	$	796,368	161814
TOTAL SSR State Special Revenue Fund Group			$	784,376	$	796,368	161815
TOTAL ALL BUDGET FUND GROUPS			$	784,376	$	796,368	161816

Section 319.10. LOT STATE LOTTERY COMMISSION

161818

State Lottery Fund Group	161819

2310	950604	Charitable Gaming Oversight	$	1,946,000	$	1,946,000	161820
7044	950321	Operating Expenses	$	49,778,677	$	51,173,293	161821
7044	950402	Advertising Contracts	$	23,024,080	$	23,024,080	161822
7044	950403	Gaming Contracts	$	63,405,851	$	59,356,988	161823
7044	950601	Direct Prize Payments	$	116,281,000	$	114,779,000	161824
7044	950605	Problem Gambling	$	2,000,000	$	3,000,000	161825
8710	950602	Annuity Prizes	$	79,039,985	$	80,299,167	161826
TOTAL SLF State Lottery Fund							161827
Group			$	335,475,593	$	333,578,528	161828
TOTAL ALL BUDGET FUND GROUPS			$	335,475,593	$	333,578,528	161829

OPERATING EXPENSES

161830

Notwithstanding sections 127.14 and 131.35 of the Revised	161831
Code, the Controlling Board may, at the request of the State	161832
Lottery Commission, authorize expenditures from the State Lottery	161833
Fund in excess of the amounts appropriated, up to a maximum of 10	161834
per cent of anticipated total revenue accruing from the sale of	161835
lottery products. Upon the approval of the Controlling Board, the	161836
additional amounts are hereby appropriated.	161837

DIRECT PRIZE PAYMENTS

161838

Any amounts, in addition to the amounts appropriated in	161839
appropriation item 950601, Direct Prize Payments, that the	161840
Director of the State Lottery Commission determines to be	161841
necessary to fund prizes are hereby appropriated.	161842

ANNUITY PRIZES

161843

Upon request of the State Lottery Commission, the Director of	161844
Budget and Management may transfer cash from the State Lottery	161845
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in	161846
an amount sufficient to fund deferred prizes. The Treasurer of	161847
State, from time to time, shall credit the Deferred Prizes Trust	161848
Fund (Fund 8710) the pro rata share of interest earned by the	161849
Treasurer of State on invested balances.	161850

Any amounts, in addition to the amounts appropriated in	161851
appropriation item 950602, Annuity Prizes, that the Director of	161852
the State Lottery Commission determines to be necessary to fund	161853
deferred prizes and interest earnings are hereby appropriated.	161854

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

161855

Estimated transfers from the State Lottery Fund (Fund 7044)	161856
to the Lottery Profits Education Fund (Fund 7017) are to be	161857
$841,000,000 in fiscal year 2014 and $974,500,000 in fiscal year	161858
2015. The Director of Budget and Management shall transfer such	161859
amounts contingent upon the availability of resources. Transfers	161860
from the State Lottery Fund to the Lottery Profits Education Fund	161861
shall represent the estimated net income from operations for the	161862
Commission in fiscal year 2014 and fiscal year 2015. Transfers by	161863
the Director of Budget and Management to the Lottery Profits	161864
Education Fund shall be administered as the statutes direct.	161865

Section 321.10. MHC MANUFACTURED HOMES COMMISSION

161866

General Services Fund Group	161867

4K90	996609	Operating Expenses	$	459,134	$	459,134	161868
TOTAL GSF General Services							161869
Fund Group			$	459,134	$	459,134	161870

State Special Revenue Fund Group	161871

5MC0	996610	Manufactured Homes Regulation	$	747,825	$	747,825	161872
TOTAL SSR State Special Revenue Fund Group			$	747,825	$	747,825	161873
TOTAL ALL BUDGET FUND GROUPS			$	1,206,959	$	1,206,959	161874

Section 323.10. MCD DEPARTMENT OF MEDICAID

161876

General Revenue Fund	161877

GRF	651425	Medicaid Program Support - State	$	177,071,199	$	180,446,636	161878
GRF	651525	Medicaid/Health Care Services					161879
		State	$	4,739,421,777	$	5,097,244,293	161880
		Federal	$	8,961,692,337	$	9,502,550,748	161881
		Medicaid/Health Care Services Total	$	13,701,114,114	$	14,599,795,041	161882
GRF	651526	Medicare Part D	$	309,349,142	$	313,020,518	161883
TOTAL GRF General Revenue Fund							161884
		State	$	5,225,842,118	$	5,590,711,447	161885
		Federal	$	8,961,692,337	$	9,502,550,748	161886
		GRF Total	$	14,187,534,455	$	15,093,262,195	161887

General Services Fund Group	161888

5DL0	651639	Medicaid Services - Recoveries	$	462,900,000	$	514,700,000	161889
5FX0	651638	Medicaid Services - Payment Withholding	$	6,000,000	$	6,000,000	161890
TOTAL GSF General Services Fund Group			$	468,900,000	$	520,700,000	161891

Federal Special Revenue Fund Group	161892

3ER0	651603	Medicaid Health Information Technology	$	123,074,778	$	123,089,606	161893
3F00	651623	Medicaid Services - Federal	$	2,965,609,943	$	3,196,808,545	161894
3F00	651624	Medicaid Program Support - Federal	$	565,046,401	$	454,423,399	161895
3FA0	651680	Health Care Grants - Federal	$	45,400,000	$	44,500,000	161896
3G50	651655	Medicaid Interagency Pass-Through	$	1,712,881,658	$	1,895,403,348	161897
TOTAL FED Federal Special Revenue Fund Group			$	5,412,012,780	$	5,714,224,898	161898

State Special Revenue Fund Group	161899

4E30	651605	Resident Protection Fund	$	2,878,319	$	2,878,319	161900
5AJ0	651631	Money Follows the Person	$	5,555,000	$	4,517,500	161901
5GF0	651656	Medicaid Services - Hospitals/UPL	$	531,273,601	$	531,273,601	161902
5KC0	651682	Health Care Grants - State	$	10,000,000	$	10,000,000	161903
5R20	651608	Medicaid Services - Long Term Care	$	398,000,000	$	398,000,000	161904
5U30	651654	Medicaid Program Support	$	54,305,843	$	37,903,126	161905
6510	651649	Medicaid Services - HCAP	$	215,527,947	$	215,314,482	161906
TOTAL SSR State Special Revenue Fund Group			$	1,217,540,710	$	1,199,887,028	161907

Holding Account Redistribution Fund Group	161908

R055	651644	Refunds and Reconciliations	$	1,000,000	$	1,000,000	161909
TOTAL 090 Holding Account Redistribution Fund Group			$	1,000,000	$	1,000,000	161910
TOTAL ALL BUDGET FUND GROUPS			$	21,286,987,945	$	22,529,074,121	161911

Section 323.10.10. CREATION OF THE DEPARTMENT OF MEDICAID

161913

(A) As used in this section, "medical assistance program"	161914
means all of the following:	161915

(1) The Medicaid program established by Title XIX of the	161916
"Social Security Act," 42 U.S.C. 1396 et seq.	161917

(2) The Children's Health Insurance Program authorized by	161918
Title XXI of the "Social Security Act," 42 U.S.C. 1397aa et seq.	161919

(3) The Refugee Medical Assistance program authorized by the	161920
"Immigration and Nationality Act," section 412(e), 42 U.S.C.	161921
1522(e).	161922

(B) On July 1, 2013, all of the following apply:

161923

(1) The Department of Medicaid is created.

161924

(2) The Department of Medicaid is to be administered by the	161925
Medicaid Director who is to be appointed by the Governor with the	161926
advice and consent of the Senate.	161927

(3) The Medicaid Director is to hold the Director's office	161928
during the term of the appointing Governor and is subject to	161929
removal at the pleasure of the Governor.	161930

(4) The Medicaid Director is the executive head of the	161931
Department of Medicaid and all duties conferred on the Department	161932
by law or order of the Director are under the Director's control	161933
and shall be performed in accordance with rules the Director	161934
adopts.	161935

(5) The Medicaid Director may appoint such employees as are	161936
necessary for the efficient operation of the Department of	161937
Medicaid and may prescribe the title and duties of the employees.	161938

(6) The Office of Medical Assistance shall cease to exist.

161939

(7) Each reference to the Department or Director of Public	161940
Welfare, Department or Director of Human Services, Department or	161941
Director of Job and Family Services, Office of Medical Assistance,	161942
or Medical Assistance Director in any statute, rule, contract,	161943
grant, or other document is deemed to refer to the Department of	161944
Medicaid or Medicaid Director, as the case may be, to the extent	161945
the reference is about a duty or authority of the Department of	161946
Medicaid or Medicaid Director regarding a medical assistance	161947
program.	161948

(8) Employees of the Office of Medical Assistance are hereby	161949
transferred to the Department of Medicaid. The vehicles and	161950
equipment assigned to the Office's employees are transferred to	161951
the Department.	161952

(9) The assets, liabilities, other equipment not provided	161953
for, and records, irrespective of form or medium, of the Office of	161954
Medical Assistance are transferred to the Department of Medicaid.	161955
The Department is the successor to, assumes the obligations of,	161956
and otherwise constitutes the continuation of, the Office.	161957

(10) Business commenced but not completed on July 1, 2013, by	161958
the Medical Assistance Director, the Office of Medical Assistance,	161959
Director of Job and Family Services, or Department of Job and	161960
Family Services regarding a medical assistance program shall be	161961
completed by the Medicaid Director or Department of Medicaid in	161962
the same manner, and with the same effect, as if completed by the	161963
Medical Assistance Director, Office of Medical Assistance,	161964
Director of Job and Family Services, or Department of Job and	161965
Family Services. No validation, cure, right, privilege, remedy,	161966
obligation, or liability is lost or impaired by reason of the	161967
transfer required by this section but shall be administered by the	161968
Medicaid Director or Department of Medicaid.	161969

(11) For the purpose of the "Social Security Act," section	161970
1902(a)(5), 42 U.S.C. 1396a(a)(5), the Department of Medicaid	161971
shall act as the single state agency to supervise the	161972
administration of the Medicaid program. As the single state	161973
agency, the Department shall comply with 42 C.F.R. 431.10(e) and	161974
all other federal requirements applicable to the single state	161975
agency.	161976

(D) The rules, orders, and determinations pertaining to the	161977
Office of Medical Assistance and Department of Job and Family	161978
Services regarding medical assistance programs continue in effect	161979
as rules, orders, and determinations of the Department of Medicaid	161980
until modified or rescinded by the Department of Medicaid.	161981

(E) No judicial or administrative action or proceeding	161982
pending on July 1, 2013, is affected by the transfer of functions	161983
from the Medical Assistance Director, Office of Medical	161984
Assistance, Director of Job and Family Services, or Department of	161985
Job and Family Services to the Medicaid Director or Department of	161986
Medicaid and shall be prosecuted or defended in the name of the	161987
Medicaid Director or Department of Medicaid. On application to the	161988
court or other tribunal, the Medicaid Director or Department of	161989
Medicaid shall be substituted as a party in such actions and	161990
proceedings.	161991

(F) When the Department of Medicaid created in section 121.02	161992
of the Revised Code comes into effect, it is a continuation of the	161993
Department of Medicaid created in this section.	161994

(G) A portion of the foregoing appropriation items 651425,	161995
Medicaid Program Support – State, 651525, Medicaid/Health Care	161996
Services, 651526, Medicare Part D, 651639, Medicaid Services –	161997
Recoveries, 651638, Medicaid Services - Payment Withholding,	161998
651603, Medicaid Health Information Technology, 651623, Medicaid	161999
Services – Federal, 651624, Medicaid Program Support – Federal,	162000
651680 Health Care Grants – Federal, 651655, Medicaid Interagency	162001
Pass-Through, 651605, Resident Protection Fund, 651631, Money	162002
Follows the Person, 651656, Medicaid Services – Hospitals/UPL,	162003
651682, Health Care Grants – State, 651608, Medicaid Services –	162004
Long Term Care, 651654, Medicaid Program Support, 651649, Medicaid	162005
Services – HCAP, 651644, Refunds and Reconciliations, and 651612,	162006
Managed Care Performance Payments, may be used to pay for Medicaid	162007
services and costs associated with the administration of the	162008
Medicaid program.	162009

Section 323.10.20. TRANSFER OF ENCUMBRANCES AND RECEIVABLES

162010

On July 1, 2013, or as soon as possible thereafter, the	162011
Medicaid Director shall certify to the Director of Budget and	162012
Management all medical assistance-related encumbrances held by the	162013
Department of Job and Family Services, and specify which of those	162014
encumbrances are requested to be transferred to the Department of	162015
Medicaid. The Director of Budget and Management may cancel any	162016
existing encumbrances, as certified by the Medicaid Director, and	162017
reestablish them in the Department of Medicaid. The reestablished	162018
encumbrance amounts are hereby appropriated. Any business	162019
commenced, but not completed, with regard to the encumbrances	162020
certified shall be completed by the Department of Medicaid in the	162021
same manner and with the same effect as if it were completed by	162022
the Department of Job and Family Services.	162023

On July 1, 2013, or as soon as possible thereafter, the	162024
Medicaid Director shall certify to the Director of Budget and	162025
Management all medical assistance-related receivables held by the	162026
Department of Job and Family Services, and specify which of those	162027
receivables are requested to be transferred to the Department of	162028
Medicaid. The Director of Budget and Management may cancel any	162029
existing receivables as certified by the Medicaid Director and	162030
reestablish them in the Department of Medicaid.	162031

A portion of the foregoing appropriation items 651425,	162032
Medicaid Program Support – State, 651525, Medicaid/Health Care	162033
Services, 651639, Medicaid Services – Recoveries, 651638, Medicaid	162034
Services-Payment Withholding, 651624, Medicaid Program Support –	162035
Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	162036
Interagency Pass-Through, 651605, Resident Protection Fund,	162037
651631, Money Follows the Person, 651656, Medicaid Services –	162038
Hospitals/UPL, 651682, Health Care Grants – State, 651608,	162039
Medicaid Services – Long Term Care, 651654, Medicaid Program	162040
Support, and 651649, Medicaid Services – HCAP, may be used to pay	162041
for medical assistance services and costs associated with the	162042
administration of the Medicaid program.	162043

Section 323.10.30. TEMPORARY AUTHORITY REGARDING EMPLOYEES

162044

(A) As used in this section, "medical assistance program" has	162045
the same meaning as in the section of this act titled "CREATION OF	162046
THE DEPARTMENT OF MEDICAID."	162047

(B) During the period beginning July 1, 2013, and ending June	162048
30, 2015, all of the following apply:	162049

(1) The Medicaid Director has the authority to establish,	162050
change, and abolish positions for the Department of Medicaid, and	162051
to assign, reassign, classify, reclassify, transfer, reduce,	162052
promote, or demote all employees of the Department of Medicaid who	162053
are not subject to Chapter 4117. of the Revised Code.	162054

(2) As part of the transfer of medical assistance programs to	162055
the Department of Medicaid, the Director of Job and Family	162056
Services has the authority to establish, change, and abolish	162057
positions for the Department of Job and Family Services, and to	162058
assign, reassign, classify, reclassify, transfer, reduce, promote,	162059
or demote all employees of the Department of Job and Family	162060
Services who are not subject to Chapter 4117. of the Revised Code.	162061

(C) The authority granted under division (B) of this section	162062
includes assigning or reassigning an exempt employee, as defined	162063
in section 124.152 of the Revised Code, to a bargaining unit	162064
classification if the Medicaid Director or Director of Job and	162065
Family Services determines that the bargaining unit classification	162066
is the proper classification for that employee. The actions of the	162067
Medicaid Director or Director of Job and Family Services shall be	162068
consistent with the requirements of 5 C.F.R. 900.603 for those	162069
employees subject to such requirements. If an employee in the E-1	162070
pay range is to be assigned, reassigned, classified, reclassified,	162071
transferred, reduced, or demoted to a position in a lower	162072
classification during the period specified in this section, the	162073
Medicaid Director or Director of Job and Family Services, or in	162074
the case of a transfer outside the Department of Medicaid or	162075
Department of Job and Family Services, the Director of	162076
Administrative Services, shall assign the employee to the	162077
appropriate classification and place the employee in Step X. The	162078
employee shall not receive any increase in compensation until the	162079
maximum rate of pay for that classification exceeds the employee's	162080
compensation.	162081

(D) Actions taken by the Medicaid Director, Director of Job	162082
and Family Services, and Director of Administrative Services	162083
pursuant to this section are not subject to appeal to the State	162084
Personnel Board of Review.	162085

(E) A portion of the foregoing appropriation items 651425,	162086
Medicaid Program Support – State, 651603, Medicaid Health	162087
Information Technology, 651624, Medicaid Program Support –	162088
Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	162089
Interagency Pass-Through, 651605, Resident Protection Fund,	162090
651631, Money Follows the Person, 651682, Health Care Grants –	162091
State, and 651654, Medicaid Program Support, may be used to pay	162092
for costs associated with the administration of the Medicaid	162093
program, including the assignment, reassignment, classification,	162094
reclassification, transfer, reduction, promotion, or demotion of	162095
employees authorized by this section.	162096

Section 323.10.40. STAFF TRAINING REGARDING TRANSFERS

162097

As used in this section, "medical assistance program" has the	162098
same meaning as in the section of this act titled "CREATION OF THE	162099
DEPARTMENT OF MEDICAID."	162100

The Medicaid Director and Director of Job and Family Services	162101
may jointly or separately enter into one or more contracts with	162102
public or private entities for staff training and development to	162103
facilitate the transfer of the staff and duties regarding medical	162104
assistance programs to the Department of Medicaid. Division (B) of	162105
section 127.16 of the Revised Code does not apply to contracts	162106
entered into under this section.	162107

A portion of the foregoing appropriation items 651425,	162108
Medicaid Program Support – State, 651624, Medicaid Program Support	162109
– Federal, 651680, Health Care Grants – Federal, 651605, Resident	162110
Protection Fund, 651631, Money Follows the Person, and 651654,	162111
Medicaid Program Support, may be used to pay for costs associated	162112
with the administration of the Medicaid program, including staff	162113
training authorized under this section.	162114

Section 323.10.50. CREATION OF THE DEPARTMENT OF MEDICAID NOT	162115
A COLLECTIVE BARGAINING SUBJECT	162116

As used in this section, "medical assistance program" has the	162117
same meaning as in the section of this act titled "CREATION OF THE	162118
DEPARTMENT OF MEDICAID."	162119

Notwithstanding sections 4117.08 and 4117.10 of the Revised	162120
Code, this act's creation of the Department of Medicaid and	162121
reassignment of the functions and duties of the Office of Medical	162122
Assistance regarding medical assistance programs are not	162123
appropriate subjects for collective bargaining under Chapter 4117.	162124
of the Revised Code.	162125

A portion of the foregoing appropriation items 651425,	162126
Medicaid Program Support – State, 651624, Medicaid Program Support	162127
– Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	162128
Interagency Pass-Through, 651605, Resident Protection Fund,	162129
651631, Money Follows the Person, 651682, Health Care Grants –	162130
State, and 651654, Medicaid Program Support, may be used to pay	162131
for costs associated with the administration of the Medicaid	162132
program, including the reassignment of functions and duties	162133
related to the transition of the Office of Medical Assistance into	162134
the Department of Medicaid.	162135

Section 323.10.60. NEW AND AMENDED GRANT AGREEMENTS

162136

(A) As used in this section:

162137

(1) "Grant agreement" has the same meaning as in section	162138
5101.21 of the Revised Code.	162139

(2) "Medical assistance program" has the same meaning as in	162140
the section of this act titled "CREATION OF THE DEPARTMENT OF	162141
MEDICAID."	162142

(B) The Director of Job and Family Services and boards of	162143
county commissioners may enter into negotiations to amend an	162144
existing grant agreement or to enter into a new grant agreement	162145
regarding the transfer of medical assistance programs to the	162146
Department of Medicaid. Any such amended or new grant agreement	162147
shall be drafted in the name of the Department of Job and Family	162148
Services. The amended or new grant agreement may be executed	162149
before July 1, 2013, if the amendment or agreement does not become	162150
effective sooner than that date.	162151

(C) A portion of the foregoing appropriation items 651525,	162152
Health Care/Medicaid Services, 651603, Medicaid Health Information	162153
Technology, 651623, Medicaid Services – Federal, 651624, Medicaid	162154
Program Support – Federal, 651680, Health Care Grants – Federal,	162155
and 651682, Health Care Grants - State, may be used to pay for	162156
Medicaid services and costs associated with the administration of	162157
the Medicaid program.	162158

Section 323.10.63. EXCHANGE OF CERTAIN INFORMATION BETWEEN	162159
SPECIFIED STATE AGENCIES; HEALTH TRANSFORMATION INITIATIVES	162160

Until the amendments to sections 191.01, 191.02, 191.04, and	162161
191.06 of the Revised Code made by this act take effect in	162162
accordance with section 101.01 of this act, all of the following	162163
shall be the case:	162164

(A) The definition of "state agency" in section 191.01 of the	162165
Revised Code includes the Department of Administrative Services	162166
and the Department of Medicaid in addition to the other agencies	162167
specified in divisions (I)(1) to (13) of that section.	162168

(B) For the purpose of fulfilling the requirement in section	162169
191.02 of the Revised Code, the Executive Director of the Office	162170
of Health Transformation may consult with the Director of	162171
Administrative Services and the Medicaid Director in addition to	162172
the other individuals specified in divisions (A) to (O) of that	162173
section.	162174

(C) Notwithstanding any provision of the Revised Code to the	162175
contrary, the provisions in sections 191.04 and 191.06 of the	162176
Revised Code apply only for fiscal years 2013, 2014, and 2015.	162177

(D) A portion of the foregoing appropriation items 651425,	162178
Medicaid Program Support-State, 651525, Medicaid/Health Care	162179
Services, 651639, Medicaid Services-Recoveries, 651638, Medicaid	162180
Services-Payment Withholding, 651624, Medicaid Program	162181
Support-Federal, 651680, Health Care Grants-Federal, 651655,	162182
Medicaid Interagency Pass-Through, 651605, Resident Protection	162183
Fund, 651631, Money Follows the Person, 651656, Medicaid	162184
Services-Hospitals/UPL, 651682, Health Care Grants-State, 651608,	162185
Medicaid Services-Long Term Care, 651654, Medicaid Program	162186
Support, and 651649, Medicaid Services-HCAP, may be used to pay	162187
for services and costs associated with operating protocols adopted	162188
under section 191.06 of the Revised Code and this section.	162189

Section 323.10.70. LSC TO RENUMBER ADMINISTRATIVE RULES

162190

On and after October 1, 2013, if necessary to ensure the	162191
integrity of the numbering of the Administrative Code, the	162192
Director of the Legislative Service Commission shall renumber the	162193
rules of the Office of Medical Assistance within the Department of	162194
Job and Family Services to reflect its transfer to the Department	162195
of Medicaid.	162196

Section 323.20. MEDICAID/HEALTH CARE SERVICES

162197

The foregoing appropriation item 651525, Medicaid/Health Care	162198
Services, shall not be limited by section 131.33 of the Revised	162199
Code.	162200

Section 323.30. QUALITY INCENTIVE PROGRAM TO REDUCE	162201
AVOIDABLE ADMISSIONS	162202

(A) The Department of Medicaid may implement, for fiscal year	162203
2014 and fiscal year 2015, a quality incentive program to reduce	162204
the number of times that the following persons are admitted to	162205
hospitals and nursing facilities or utilize emergency department	162206
services when the admissions or utilizations are avoidable:	162207

(1) Medicaid recipients enrolled in a home and	162208
community-based services Medicaid waiver component administered by	162209
the Office;	162210

(2) Medicaid recipients receiving nursing services available	162211
under the home health services benefit pursuant to 42 C.F.R.	162212
440.70(b)(1);	162213

(3) Medicaid recipients receiving home health aide services	162214
available under the home health services benefit pursuant to 42	162215
C.F.R. 440.70(b)(2);	162216

(4) Medicaid recipients receiving private duty nursing	162217
services as defined in 42 C.F.R. 440.80.	162218

(B) If the quality incentive program is implemented, the	162219
Department shall include in the program methods by which the	162220
Department will determine the program's actual savings to the	162221
Medicaid program and shall distribute not more than fifty per cent	162222
of the savings to participating Medicaid providers.	162223

Section 323.40. CHILDREN'S HOSPITALS QUALITY OUTCOMES	162224
PROGRAM	162225

(A) As used in this section, "children's hospital" means a	162226
hospital, as defined in section 3727.01 of the Revised Code, that	162227
is located in this state, primarily serves patients eighteen years	162228
of age and younger, is subject to the Medicaid prospective payment	162229
system for hospitals established in rules adopted under section	162230
5164.02 of the Revised Code, and is excluded from Medicare	162231
prospective payments in accordance with 42 C.F.R. 412.23(d).	162232

(B) The Medicaid Director may implement, during fiscal year	162233
2014 and fiscal year 2015, a children's hospitals quality outcomes	162234
program that encourages children's hospitals to develop the	162235
following:	162236

(1) Infrastructures that are needed to care for patients in	162237
the least restrictive setting and promote the care of patients and	162238
their families;	162239

(2) Programs designed to improve birth outcomes and	162240
measurably reduce neonatal intensive care admissions;	162241

(3) Patient-centered methods to measurably reduce utilization	162242
of emergency department services for primary care needs and	162243
nonemergency health conditions;	162244

(4) Other quality-focused reforms the Director identifies.

162245

(C) Up to $6,000,000 state share plus the corresponding	162246
federal share in each fiscal year shall be used to support	162247
payments made to children's hospitals for developing programs that	162248
achieve the outcomes specified under division (B) of this section	162249
and any other measures the Medicaid Director deems appropriate.	162250

Section 323.50. UNIFIED LONG TERM CARE

162251

The foregoing appropriation item 651425, Medicaid Program	162252
Support - State, may be used to provide the preadmission screening	162253
and resident review (PASRR), which includes screening,	162254
assessments, and determinations made under sections 5119.061	162255
(renumbered section 5119.40 of the Revised Code in this act),	162256
5123.021, and 5165.04 of the Revised Code.	162257

The foregoing appropriation item 651425, Medicaid Program	162258
Support - State, may be used to assess and provide long-term care	162259
consultations under section 173.42 of the Revised Code to clients	162260
regardless of Medicaid eligibility.	162261

The foregoing appropriation item 651525, Medicaid/Health Care	162262
Services, may be used to provide nonwaiver funded PASSPORT and	162263
assisted living services to persons who the state department has	162264
determined to be eligible to participate in the nonwaiver funded	162265
PASSPORT and assisted living programs, who applied for but have	162266
not yet been determined to be financially eligible to participate	162267
in the Medicaid waiver component of the PASSPORT Home Care Program	162268
or the Assisted Living Program by a county department of job and	162269
family services, and to persons who are not eligible for Medicaid	162270
but were enrolled in the PASSPORT Program prior to July 1, 1990.	162271

The foregoing appropriation item 651425, Medicaid Program	162272
Support - State, shall be used to provide the required state match	162273
for federal Medicaid funds supporting the Medicaid waiver-funded	162274
PASSPORT Home Care Program, the Choices Program, the Assisted	162275
Living Program, and the PACE Program.	162276

The foregoing appropriation item 651525, Medicaid/Health Care	162277
Services, shall be used to provide the federal matching share of	162278
program costs determined by the Department of Medicaid to be	162279
eligible for Medicaid reimbursement for the Medicaid waiver-funded	162280
PASSPORT Home Care Program, the Choices Program, the Assisted	162281
Living Program, and the PACE Program.	162282

Section 323.53. PASSPORT ADMINISTRATIVE AGENCY SITE	162283
OPERATIONS	162284

For fiscal year 2014 and fiscal year 2015, spending for	162285
PASSPORT administrative agencies' site operating functions	162286
relating to screening, assessments, general administrative	162287
functions, and provider relations for the Medicaid waiver-funded	162288
PASSPORT Home Care Program, Choices Program, Assisted Living	162289
Program, and PACE Program shall be at one hundred five per cent of	162290
the level provided in fiscal year 2013.	162291

Section 323.60. MANAGED CARE PERFORMANCE PAYMENT PROGRAM

162292

At the beginning of each quarter, or as soon as possible	162293
thereafter, the Medicaid Director shall certify to the Director of	162294
Budget and Management the amount withheld in accordance with	162295
section 5167.30 of the Revised Code for purposes of the Managed	162296
Care Performance Payment Program. Upon receiving certification,	162297
the Director of Budget and Management shall transfer cash in the	162298
amount certified from the General Revenue Fund to the Managed Care	162299
Performance Payment Fund. Appropriation item 651525,	162300
Medicaid/Health Care Services, is hereby reduced by the amount of	162301
the transfer. Upon request of the Medicaid Director and approval	162302
of the Director of Budget and Management, appropriation up to the	162303
cash balance in the Managed Care Performance Payment Fund is	162304
hereby appropriated.	162305

In addition to any other purpose authorized by law, the	162306
Department of Medicaid may use money in the Managed Care	162307
Performance Payment Fund for the following purposes for fiscal	162308
year 2014 and fiscal year 2015:	162309

(A) To meet obligations specified in provider agreements with	162310
Medicaid managed care organizations;	162311

(B) To pay for Medicaid services provided by a Medicaid	162312
managed care organization;	162313

(C) To reimburse a Medicaid managed care organization that	162314
has paid a fine for failure to meet performance standards or other	162315
requirements specified in provider agreements or rules adopted	162316
under section 5167.02 of the Revised Code if the organization	162317
comes into compliance with the standards or requirements.	162318

Section 323.70. MEDICAID MANAGED CARE EXEMPTIONS

162319

(A) Except as provided in division (B) of this section, the	162320
Department of Medicaid shall not include in the care management	162321
system established under section 5167.03 of the Revised Code any	162322
individual receiving services through the program for medically	162323
handicapped children established under section 3701.023 of the	162324
Revised Code who has one or more of the following conditions:	162325

(1) Cystic fibrosis;

162326

(2) Hemophilia;

162327

(3) Cancer.

162328

(B) An individual described in division (A) of this section	162329
may be designated for participation in the care management system	162330
if the individual was receiving services through the system	162331
immediately before July 1, 2013.	162332

(C) This section applies until July 1, 2014, notwithstanding	162333
any provision of section 5167.03 of the Revised Code that	162334
otherwise authorizes or requires the designation of individuals	162335
for participation in the care management system.	162336

Section 323.80. PRIOR AUTHORIZATION FOR COMMUNITY MENTAL	162337
HEALTH SERVICES	162338

(A) As used in this section, "community mental health	162339
services" means mental health services included in the state	162340
Medicaid plan pursuant to section 5164.15 of the Revised Code.	162341

(B) For fiscal year 2014 and fiscal year 2015, a Medicaid	162342
recipient who is under twenty-one years of age automatically	162343
satisfies all requirements for any prior authorization process for	162344
community mental health services provided under a component of the	162345
Medicaid program administered by the Department of Mental Health	162346
and Addiction Services pursuant to an interagency agreement	162347
authorized by section 5162.35 of the Revised Code if any of the	162348
following apply to the recipient:	162349

(1) The recipient is in the temporary custody or permanent	162350
custody of a public children services agency or private child	162351
placing agency or is in a planned permanent living arrangement.	162352

(2) The recipient has been placed in protective supervision	162353
by a juvenile court.	162354

(3) The recipient has been committed to the Department of	162355
Youth Services.	162356

(4) The recipient is an alleged or adjudicated delinquent or	162357
unruly child receiving services under the Felony Delinquent Care	162358
and Custody Program operated under section 5139.43 of the Revised	162359
Code.	162360

Section 323.90. JOINT LEGISLATIVE COMMITTEE FOR UNIFIED	162361
LONG-TERM SERVICES AND SUPPORTS	162362

(A) The Joint Legislative Committee for Unified Long-Term	162363
Services and Supports created under section 309.30.73 of Am. Sub.	162364
H.B. 153 of the 129th General Assembly, as subsequently amended,	162365
shall continue to exist during fiscal year 2014 and fiscal year	162366
2015. The Committee shall consist of the following members:	162367

(1) Two members of the House of Representatives from the	162368
majority party, appointed by the Speaker of the House of	162369
Representatives;	162370

(2) One member of the House of Representatives from the	162371
minority party, appointed by the Speaker of the House of	162372
Representatives;	162373

(3) Two members of the Senate from the majority party,	162374
appointed by the President of the Senate;	162375

(4) One member of the Senate from the minority party,	162376
appointed by the President of the Senate.	162377

(B) The Speaker of the House of Representatives shall	162378
designate one of the members of the Committee appointed under	162379
division (A)(1) of this section to serve as co-chairperson of the	162380
Committee. The President of the Senate shall designate one of the	162381
members of the Committee appointed under division (A)(3) of this	162382
section to serve as the other co-chairperson of the Committee. The	162383
Committee shall meet at the call of the co-chairpersons. The	162384
co-chairpersons may request assistance for the Committee from the	162385
Legislative Service Commission.	162386

162387

(1) The implementation of the dual eligible integrated care	162388
demonstration project authorized by section 5164.91 of the Revised	162389
Code;	162390

(2) The implementation of a unified long-term services and	162391
support Medicaid waiver component under section 5166.14 of the	162392
Revised Code;	162393

(3) Providing consumers choices regarding a continuum of	162394
services that meet their health-care needs, promote autonomy and	162395
independence, and improve quality of life;	162396

(4) Ensuring that long-term care services and supports are	162397
delivered in a cost-effective and quality manner;	162398

(5) Subjecting county homes, county nursing homes, and	162399
district homes operated pursuant to Chapter 5155. of the Revised	162400
Code to the franchise permit fee under sections 5168.40 to 5168.56	162401
of the Revised Code;	162402

(6) Other issues of interest to the committee.

162403

(D) The co-chairpersons of the Committee shall provide for	162404
the Medicaid Director to testify before the Committee at least	162405
quarterly regarding the issues that the Committee examines.	162406

Section 323.100. HOSPITAL INPATIENT AND OUTPATIENT	162407
SUPPLEMENTAL UPPER PAYMENT LIMIT PROGRAM; MEDICAID MANAGED CARE	162408
HOSPITAL INCENTIVE PAYMENT PROGRAM	162409

(A) As used in this section:

162410

(1) "Hospital" has the same meaning as in section 5168.20 of	162411
the Revised Code.	162412

(2) "Hospital Assessment Fund" means the fund created under	162413
section 5168.25 of the Revised Code.	162414

(3) "Medicaid managed care organization" has the same meaning	162415
as in section 5167.01 of the Revised Code.	162416

(B) The Department of Medicaid shall do both of the	162417
following:	162418

(1) Continue the Hospital Inpatient and Outpatient	162419
Supplemental Upper Payment Limit Program that was established	162420
pursuant to Section 309.30.17 of Am. Sub. H.B. 1 of the 128th	162421
General Assembly, with any modifications necessary to implement	162422
the program as described under division (D) of this section;	162423

(2) Continue the Medicaid Managed Care Hospital Incentive	162424
Payment Program, as described under division (E) of this section.	162425

(C) The Department shall use amounts deposited into the	162426
Hospital Assessment Fund in fiscal year 2014 and fiscal year 2015	162427
for the following purposes in each fiscal year:	162428

(1) To pay for costs associated with all of the following:

162429

(a) The Hospital Inpatient and Outpatient Supplemental Upper	162430
Payment Limit Program;	162431

(b) The Medicaid Managed Care Hospital Incentive Payment	162432
Program;	162433

(c) The Medicaid payment rates for hospital inpatient and	162434
outpatient services required by the section of this act entitled	162435
"CONTINUATION OF MEDICAID RATES FOR HOSPITAL INPATIENT SERVICES."	162436

(2) To reduce spending in appropriation item 651525,	162437
Medicaid/Health Care Services.	162438

(D)(1) Under the Hospital Inpatient and Outpatient	162439
Supplemental Upper Payment Limit Program, subject to division	162440
(D)(2) of this section, supplemental Medicaid payments shall be	162441
made to hospitals for Medicaid-covered inpatient and outpatient	162442
services. The Department shall make the payments through amounts	162443
available for the Program pursuant to division (C) of this section	162444
and any federal financial participation available for the Program.	162445

(2) The Department shall take all actions necessary to cease	162446
implementation of the Program if the United States Secretary	162447
determines that the assessment imposed under section 5168.21 of	162448
the Revised Code is an impermissible health care-related tax under	162449
the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).	162450

(E)(1) The purpose of the Medicaid Managed Care Hospital	162451
Incentive Payment Program is to increase access to hospital	162452
services for Medicaid recipients who are enrolled in Medicaid	162453
managed care organizations.	162454

Under the Program, subject to division (E)(2) of this	162455
section, funds shall be provided to Medicaid managed care	162456
organizations, which shall use the funds to increase payments to	162457
hospitals for providing services to Medicaid recipients who are	162458
enrolled in the organizations. The Department shall provide the	162459
funds through amounts available for the Program pursuant to	162460
division (C) of this section and any federal financial	162461
participation available for the Program.	162462

(2)(a) The Department shall not provide funds to Medicaid	162463
managed care organizations under the Program unless an actuary	162464
selected by the Department certifies that the Program would not	162465
violate the actuarial soundness of the capitation rates paid to	162466
Medicaid managed care organizations.	162467

(b) The Department shall not implement the Program in a	162468
manner that causes a hospital to receive less money from the	162469
Hospital Assessment Fund than the hospital would have received if	162470
the Program were not implemented.	162471

(c) The Department shall not implement the Program in a	162472
manner that causes a Medicaid managed care organization to receive	162473
a lower capitation payment rate solely because funds are made	162474
available to the organization under the Program.	162475

(d) The Department shall take all necessary actions to cease	162476
implementation of the Program if the United States Secretary	162477
determines that the assessment imposed under section 5168.21 of	162478
the Revised Code is an impermissible health care-related tax under	162479
the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).	162480

(F) The Director of Budget and Management may authorize	162481
additional expenditures from appropriation item 651623, Medicaid	162482
Services - Federal, appropriation item 651525, Medicaid/Health	162483
Care Services, and appropriation item 651656, Medicaid Services -	162484
Hospital/UPL, in order to implement the programs authorized by	162485
this section. Any amounts authorized are hereby appropriated.	162486

(G) The Medicaid Director shall adopt rules as necessary to	162487
implement this section. The rules shall provide for the applicable	162488
assessment percentage that is used for the purpose of section	162489
5168.21 of the Revised Code to be an amount that raises, from the	162490
assessments imposed on hospitals under that section, an amount the	162491
Director determines is appropriate to fund the purposes specified	162492
in division (C) of this section.	162493

Section 323.103. CONTINUATION OF MEDICAID RATES FOR HOSPITAL	162494
INPATIENT AND OUTPATIENT SERVICES	162495

(A) The Medicaid payment rates for Medicaid-covered hospital	162496
inpatient services shall be the same as the Medicaid payment rates	162497
for the services in effect on June 30, 2013, until the effective	162498
date of the first of any rules adopted under section 5164.02 of	162499
the Revised Code establishing new diagnosis-related groups for the	162500
services.	162501

(B) The Medicaid payment rates for Medicaid-covered hospital	162502
outpatient services shall be, until June 30, 2015, the same as the	162503
Medicaid payment rates for the services in effect on June 30,	162504
2013.	162505

(C) The Director of Budget and Management may authorize	162506
additional expenditures from appropriation item 651623, Medicaid	162507
Services – Federal, appropriation item 651525, Medicaid/Health	162508
Care Services, and appropriation item 651656, Medicaid Services –	162509
Hospital/UPL, in order to implement this section. Any amounts	162510
authorized are hereby appropriated.	162511

Section 323.110. ADMINISTRATIVE ISSUES RELATED TO TERMINATION	162512
OF MEDICAID WAIVER PROGRAMS	162513

(A) As used in this section, "MCD or ODA Medicaid waiver	162514
component" means the following:	162515

(1) The Medicaid waiver component of the PASSPORT program	162516
created under section 173.52 of the Revised Code;	162517

(2) The Choices program created under section 173.53 of the	162518
Revised Code;	162519

(3) The Medicaid waiver component of the Assisted Living	162520
program created under section 173.54 of the Revised Code.	162521

(4) The Ohio Home Care Waiver program as defined in section	162522
5166.01 of the Revised Code;	162523

(5) The Ohio Transitions II Aging Carve-Out program as	162524
defined in section 5166.01 of the Revised Code;	162525

(B) If an MCD or ODA Medicaid waiver component is terminated	162526
under section 173.52, 173.53, 173.54, 5166.12, or 5166.13 of the	162527
Revised Code, all of the following apply:	162528

(1) All applicable statutes, and all applicable rules,	162529
standards, guidelines, or orders issued by the Medicaid Director	162530
or Department of Medicaid or Director or Department of Aging	162531
before the component is terminated, shall remain in full force and	162532
effect on and after that date, but solely for purposes of	162533
concluding the component's operations, including fulfilling the	162534
Departments' legal obligations for claims arising from the	162535
component relating to eligibility determinations, covered medical	162536
assistance provided to eligible persons, and recovering erroneous	162537
overpayments.	162538

(2) Notwithstanding the termination of the component, the	162539
right of subrogation for the cost of medical assistance given	162540
under section 5160.37 of the Revised Code to the Department of	162541
Medicaid and an assignment of the right to medical assistance	162542
given under section 5160.38 of the Revised Code to the Department	162543
continue to apply with respect to the component and remain in	162544
force to the full extent provided under those sections.	162545

(3) The Department of Medicaid and Department of Aging may	162546
use appropriated funds to satisfy any claims or contingent claims	162547
for medical assistance provided under the component before the	162548
component's termination.	162549

(4) Neither the Department of Medicaid nor the Department of	162550
Aging has liability under the component to reimburse any provider	162551
or other person for claims for medical assistance rendered under	162552
the component after it is terminated.	162553

(C) The Medicaid Director and Director of Aging may adopt	162554
rules in accordance with Chapter 119. of the Revised Code to	162555
implement this section.	162556

Section 323.130. DISPENSING FEE FOR NONCOMPOUNDED DRUGS

162557

The Medicaid dispensing fee for each noncompounded drug	162558
covered by the Medicaid program shall be $1.80 for the period	162559
beginning July 1, 2013, and ending on the effective date of a rule	162560
changing the amount of the fee that the Medicaid Director adopts	162561
under section 5164.02 of the Revised Code.	162562

Section 323.140. MONEY FOLLOWS THE PERSON ENHANCED	162563
REIMBURSEMENT FUND	162564

The federal payments made to the state under subsection (e)	162565
of section 6071 of the "Deficit Reduction Act of 2005," Pub. L.	162566
No. 109-171, as amended, shall be deposited into the Money Follows	162567
the Person Enhanced Reimbursement Fund. The Department of Medicaid	162568
shall continue to use money deposited into the fund for system	162569
reform activities related to the Money Follows the Person	162570
demonstration project.	162571

Section 323.150. MEDICARE PART D

162572

The foregoing appropriation item 651526, Medicare Part D, may	162573
be used by the Department of Medicaid for the implementation and	162574
operation of the Medicare Part D requirements contained in the	162575
"Medicare Prescription Drug, Improvement, and Modernization Act of	162576
2003," Pub. L. No. 108-173, as amended. Upon the request of the	162577
Department of Medicaid, the Director of Budget and Management may	162578
transfer the state share of appropriations between appropriation	162579
item 651525, Medicaid/Health Care Services, or appropriation item	162580
651526, Medicare Part D. If the state share of appropriation item	162581
651525, Medicaid/Health Care Services, is adjusted, the Director	162582
of Budget and Management shall adjust the federal share	162583
accordingly. The Department of Medicaid shall provide notification	162584
to the Controlling Board of any transfers at the next scheduled	162585
Controlling Board meeting.	162586

Section 323.160. REBALANCING LONG-TERM CARE

162587

(A) As used in this section:

162588

"Balancing Incentive Payments Program" means the program	162589
established under section 10202 of the Patient Protection and	162590
Affordable Care Act.	162591

"Long-term services and supports" has the same meaning as in	162592
section 10202(f)(1) of the Patient Protection and Affordable Care	162593
Act.	162594

"Non-institutionally-based long-term services and supports"	162595
has the same meaning as in section 10202(f)(1)(B) of the Patient	162596
Protection and Affordable Care Act.	162597

"Patient Protection and Affordable Care Act" means Public Law	162598
111-148.	162599

(B) The Departments of Aging, Developmental Disabilities, and	162600
Medicaid shall continue efforts to achieve a sustainable and	162601
balanced delivery system for long-term services and supports. In	162602
so doing, the Departments shall strive to realize the following	162603
goals by June 30, 2015:	162604

(1) Having at least fifty per cent of Medicaid recipients who	162605
are sixty years of age or older and need long-term services and	162606
supports utilize non-institutionally-based long-term services and	162607
supports;	162608

(2) Having at least sixty per cent of Medicaid recipients who	162609
are less than sixty years of age and have cognitive or physical	162610
disabilities for which long-term services and supports are needed	162611
utilize non-institutionally-based long-term services and supports.	162612

(C) If the Department of Medicaid determines that	162613
participating in the Balancing Incentive Payments Program will	162614
assist in achieving the goals specified in division (B) of this	162615
section, the Department may apply to the United States Secretary	162616
of Health and Human Services to participate in the program.	162617

Section 323.170. OHIO ACCESS SUCCESS PROJECT

162618

Of the foregoing appropriation item, 651525, Medicaid/Health	162619
Care Services, up to $450,000 in each fiscal year may be used to	162620
provide one-time transitional benefits under the Ohio Access	162621
Success Project that the Medicaid Director may establish under	162622
section 5166.35 of the Revised Code.	162623

Section 323.180. PROVIDER FRANCHISE FEE OFFSETS

162624

(A) At least quarterly, the Medicaid Director shall certify	162625
to the Director of Budget and Management the amount of offsets	162626
withheld under section 5168.52 of the Revised Code from payments	162627
made from the General Revenue Fund.	162628

(B) The Director of Budget and Management may transfer cash	162629
from the General Revenue Fund to the Nursing Home Franchise Permit	162630
Fee Fund (Fund 5R20), in accordance with section 5168.54 of the	162631
Revised Code.	162632

(C) Amounts transferred pursuant to this section are hereby	162633
appropriated.	162634

Section 323.190. USES FOR FEDERAL MEDICAID FUNDS

162635

The foregoing appropriation item 651623, Medicaid Services -	162636
Federal, shall be used by the Department of Medicaid for	162637
distributing the federal share of Medicaid services required under	162638
the section of this act entitled "CREATION OF THE DEPARTMENT OF	162639
MEDICAID," including the federal share of all hospital care	162640
assurance program funds to hospitals under section 5168.09 of the	162641
Revised Code.	162642

Section 323.193. HOSPITAL CARE ASSURANCE MATCH

162643

If receipts credited to the Health Care Federal Fund (Fund	162644
3F00) exceed the amounts appropriated from the fund for making the	162645
hospital care assurance program distribution, the Medicaid	162646
Director may request the Director of Budget and Management to	162647
authorize expenditures from the fund in excess of the amounts	162648
appropriated. Upon the approval of the Director of Budget and	162649
Management, the additional amounts are hereby appropriated.	162650

The foregoing appropriation item 651649, Medicaid Services –	162651
HCAP, shall be used by the Department of Medicaid for distributing	162652
the state share of all hospital care assurance program funds to	162653
hospitals under section 5168.09 of the Revised Code. If receipts	162654
credited to the Hospital Care Assurance Program Fund (Fund 6510)	162655
exceed the amounts appropriated from the fund for making the	162656
hospital care assurance program distribution, the Medicaid	162657
Director may request the Director of Budget and Management to	162658
authorize expenditures from the fund in excess of the amounts	162659
appropriated. Upon the approval of the Director of Budget and	162660
Management, the additional amounts are hereby appropriated.	162661

Section 323.200. HEALTH CARE SERVICES ADMINISTRATION FUND

162662

Of the amount received by the Department of Medicaid during	162663
fiscal year 2014 and fiscal year 2015 from the first installment	162664
of assessments paid under section 5168.06 of the Revised Code and	162665
intergovernmental transfers made under section 5168.07 of the	162666
Revised Code, the Medicaid Director shall deposit $350,000 in each	162667
fiscal year into the state treasury to the credit of the Health	162668
Care Services Administration Fund (Fund 5U30).	162669

Section 323.210. TRANSFERS OF OFFSETS TO THE HEALTH CARE	162670
SERVICES ADMINISTRATION FUND	162671

(A) As used in this section:

162672

"Hospital offset" means an offset from a hospital's Medicaid	162673
payment authorized by section 5168.991 of the Revised Code.	162674

"Vendor offset" means a reduction of a Medicaid payment to a	162675
Medicaid provider to correct a previous, incorrect Medicaid	162676
payment.	162677

(B) During fiscal year 2014 and fiscal year 2015, at	162678
intervals selected by the Medicaid Director, the Director shall	162679
certify to the Director of Budget and Management the amount of	162680
hospital offsets and vendor offsets for the period covered by the	162681
certification and the particular funds that would have been used	162682
to make Medicaid payments to providers if not for the offsets.	162683
Each certification shall specify the amount that would have been	162684
taken from each of the funds if not for the hospital offsets and	162685
vendor offsets.	162686

(C) On receipt of a certification under division (B) of this	162687
section, the Director of Budget and Management shall transfer cash	162688
from the funds identified in the certification to the Health Care	162689
Services Administration Fund (Fund 5U30). The amount transferred	162690
from a fund shall equal the amount that would have been taken from	162691
the fund if not for the hospital offsets and vendor offsets as	162692
specified in the certification. The transferred cash is hereby	162693
appropriated.	162694

Section 323.220. MEDICAID INTERAGENCY PASS-THROUGH

162695

The Medicaid Director may request the Director of Budget and	162696
Management to increase appropriation item 651655, Medicaid	162697
Interagency Pass-Through. Upon the approval of the Director of	162698
Budget and Management, the additional amounts are hereby	162699
appropriated.	162700

Section 323.230. MEDICAID PAYMENTS FOR NONINSTITUTIONAL	162701
SERVICES PROVIDED TO DUAL ELIGIBLE INDIVIDUALS	162702

(A) As used in this section:

162703

"Dual eligible individual" has the same meaning as in the	162704
"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.	162705
1396n(h)(2)(B).	162706

"Medicare Part B" means the Supplementary Medical Insurance	162707
Program for the Aged and Disabled component of the Medicare	162708
program established by Part B of Title XVIII of the "Social	162709
Security Act," 42 U.S.C. 1395j et seq.	162710

"Noninstitutional services" means any services other than	162711
hospital services, nursing facility services, and intermediate	162712
care facilities for individuals with intellectual disabilities.	162713

(B) Notwithstanding any conflicting state statute, a Medicaid	162714
payment for noninstitutional services, excluding physician	162715
services and including freestanding dialysis center services,	162716
provided during the period beginning January 1, 2014, and ending	162717
July 1, 2015, to a Medicaid recipient who is a dual eligible	162718
individual enrolled for benefits under Medicare Part B shall equal	162719
the lesser of the following:	162720

(1) The sum of the Medicare Part B deductible, coinsurance,	162721
and copayment for the services that are applicable to the	162722
individual;	162723

(2) The greater of the following:

162724

(a) The maximum allowable Medicaid payment for the services	162725
when the services are provided to other Medicaid recipients, less	162726
the total Medicaid payment (if any) most recently paid on the	162727
Medicaid recipient's behalf for such services;	162728

(b) Zero.

162729

Section 323.233. MEDICAID PAYMENTS FOR HOME HEALTH SERVICES	162730
AND PRIVATE DUTY NURSING	162731

(A) As used in this section, "responsible adult" means the	162732
spouse of a Medicaid recipient or, in the case of a Medicaid	162733
recipient who is a minor, the minor's parent, foster caregiver,	162734
stepparent, guardian, legal custodian, or any other person who	162735
stands in loco parentis for the minor.	162736

(B) Except as provided in division (C) of this section, for	162737
fiscal year 2014 and fiscal year 2015, Medicaid payments shall not	162738
be made for any of the following services that are provided to a	162739
Medicaid recipient by an individual who is a responsible adult for	162740
that recipient:	162741

(1) Nursing services available under the home health services	162742
benefit pursuant to 42 C.F.R. 440.70(b)(1);	162743

(2) Home health aide services available under the home health	162744
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	162745

(3) Private duty nursing services, as defined in 42 C.F.R.	162746
440.80.	162747

(C) For fiscal year 2014 and fiscal year 2015, the Medicaid	162748
Director shall establish the conditions under which Medicaid	162749
payments may be made for any of the services described in division	162750
(B) of this section that are provided to a Medicaid recipient by	162751
an individual who is a responsible adult for that recipient.	162752

(D) The Director shall adopt rules in accordance with Chapter	162753
119. of the Revised Code necessary to implement this section. The	162754
Director shall consult provider representatives, consumer	162755
representatives, and other stakeholders in developing the rules,	162756
which may include the following:	162757

(1) Qualification and training requirements necessary for	162758
responsible adults to receive Medicaid payments under division (C)	162759
of this section;	162760

(2) Oversight requirements necessary for responsible adults	162761
to receive Medicaid payments under division (C) of this section;	162762

(3) Procedures designed to protect against fraud, waste, and	162763
abuse that may occur as a result of payments made under division	162764
(C) of this section;	162765

(4) Any other procedures, standards, or requirements the	162766
Director considers appropriate.	162767

Section 323.234. DIRECT CARE WORKER ADVISORY WORKGROUP

162768

(A) As used in this section:

162769

(1) "Core competencies" means the minimum standards a direct	162770
care worker must meet when providing direct care services and	162771
engaging in any one or more of the following activities associated	162772
with care for a medicaid recipient: maintaining a clean and safe	162773
environment, ensuring recipient-centered care, promoting the	162774
recipient's development, assisting the recipient with activities	162775
of daily living, communicating with the recipient, completing	162776
administrative tasks, and participating in professional	162777
development activities.	162778

(2) "Direct care services" means health care services,	162779
ancillary services, or services related to or in support of the	162780
provision of health care or ancillary services.	162781

(3) "Direct care worker" means an individual who, for direct	162782
or indirect payment, provides direct care services to a medicaid	162783
recipient in the recipient's home or other place of residence.	162784

(4) "Direct payment" means a Medicaid payment made directly	162785
to a direct care worker for the worker's provision of direct care	162786
services to a Medicaid recipient.	162787

(5) "Indirect payment" means a Medicaid payment made to a	162788
third party who pays a direct care worker for the worker's	162789
provision of direct care services to a Medicaid recipient.	162790

(B) There is hereby created the Direct Care Worker Advisory	162791
Workgroup. The Workgroup shall consist of the following members:	162792

(1) The Director of Aging or the Director's designee;

162793

(2) The Director of Developmental Disabilities or the	162794
Director's designee;	162795

(3) The Director of Health or the Director's designee;

162796

(4) The Medicaid Director or the Director's designee;

162797

(5) The Executive Director of the Office of Health	162798
Transformation or the Executive Director's designee;	162799

(6) Two representatives from each of the following	162800
organizations, appointed by the organization's chief executive	162801
officer or the individual serving in an equivalent capacity for	162802
the organization:	162803

(a) The Ohio Council for Home Care and Hospice;

162804

(b) The Ohio Health Care Association;

162805

162806

(d) The Ohio Nurses Association;

162807

(e) The Midwest Care Alliance;

162808

(f) The Ohio Assisted Living Association;

162809

(g) LeadingAge Ohio.

162810

(7) Two members of the House of Representatives, one from the	162811
majority party and the other from the minority party, appointed by	162812
the Speaker of the House of Representatives;	162813

(8) Two members of the Senate, one from the majority party	162814
and the other from the minority party, appointed by the President	162815
of the Senate.	162816

(C) Members of the Workgroup shall be appointed not later	162817
than fifteen days after the effective date of this section.	162818
Vacancies shall be filled in the same manner as the original	162819
appointments. Each member shall serve without compensation or	162820
reimbursement for expenses incurred while serving on the	162821
Workgroup, except to the extent that serving on the Workgroup is	162822
considered to be among the member's employment duties.	162823

(D) The Executive Director of the Office of Health	162824
Transformation or the Executive Director's designee shall serve as	162825
chairperson of the Workgroup. The Departments of Health and	162826
Medicaid shall provide staff and other support services for the	162827
Workgroup.	162828

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

162829

(1) Determine core competencies;

162830

(2) Designate which direct care workers should meet core	162831
competencies;	162832

(3) Determine whether existing regulatory requirements are	162833
equivalent or similar to core competencies;	162834

(4) Identify funding sources that could be used to assist	162835
direct care workers in meeting core competencies;	162836

(5) Recommend policies that may be incorporated in	162837
legislation the General Assembly intends to consider, as described	162838
in division (G) of this section.	162839

(F) Not later than December 31, 2013, the Workgroup shall	162840
submit a report to the General Assembly describing its findings	162841
and recommendations. The report shall be submitted in accordance	162842
with section 101.68 of the Revised Code. On submission of the	162843
report, the Workgroup shall cease to exist.	162844

(G) It is the intent of the General Assembly to enact	162845
legislation in the future, taking into account the recommendations	162846
of the Workgroup, regarding certification of direct care workers	162847
and Medicaid payments for direct care services provided by those	162848
workers. The legislation is intended to do both of the following:	162849

(1) Require the Director of Health to establish, not later	162850
than October 1, 2014, a direct care worker certification program	162851
that applies to the workers designated by the Workgroup;	162852

(2) Prohibit the Department of Medicaid, beginning October 1,	162853
2015, from allowing a direct or indirect payment to be made for	162854
direct care services provided by a direct care worker to whom the	162855
certification program applies unless the worker is appropriately	162856
certified under that program.	162857

Section 323.235. NURSING FACILITY DISTINCT PART ADVISORY	162858
WORKGROUP	162859

(A) There is created the Nursing Facility Distinct Part	162860
Advisory Workgroup. The Workgroup shall consist of all of the	162861
following members:	162862

(1) The Executive Director of the Governor's Office of Health	162863
Transformation or the Executive Director's designee;	162864

(2) The Director of Aging or the Director's designee;

162865

(3) The Director of Health or the Director's designee;

162866

(4) The Medicaid Director or the Director's designee;

162867

(5) The State Long-Term Care Ombudsman or the Ombudsman's	162868
designee;	162869

(6) Two representatives from each of the following, appointed	162870
by the organization's chief executive officer or the individual	162871
serving in an equivalent capacity for the organization:	162872

(a) The Ohio Health Care Association;

162873

(b) LeadingAge Ohio;

162874

162875

(d) The Academy of Senior Health Sciences.

162876

(7) Two members of the House of Representatives, one from the	162877
majority party and the other from the minority party, appointed by	162878
the Speaker of the House of Representatives;	162879

(8) Two members of the Senate, one from the majority party	162880
and the other from the minority party, appointed by the Senate	162881
President.	162882

(B) Members of the Workgroup shall be appointed not later	162883
than fifteen days after the effective date of this section.	162884
Vacancies shall be appointed in the same manner as the original	162885
appointments. Each member shall serve without compensation or	162886
reimbursement for expenses incurred while serving on the	162887
Workgroup, except to the extent that serving on the Workgroup is	162888
considered to be among the member's employment duties.	162889

(C) The Executive Director of the Governor's Office of Health	162890
Transformation or the Executive Director's designee shall serve as	162891
chairperson of the Workgroup. The Department of Medicaid shall	162892
provide staff and other support services for the Workgroup.	162893

(D) The Workgroup shall do both of the following:

162894

(1) Develop findings regarding the impact that allowing	162895
nursing facilities to exclude distinct parts of their facilities	162896
from their Medicaid provider agreements would have on access to	162897
nursing facility services, quality of care, and purchasing	162898
strategies for nursing facility services provided to Medicaid	162899
recipients with specialized health care needs;	162900

(2) Not later than December 31, 2013, submit a report to the	162901
General Assembly in accordance with section 101.68 of the Revised	162902
Code that includes the Workgroup's findings and recommendations	162903
for policies on nursing facilities excluding distinct parts of	162904
their facilities from their Medicaid provider agreements.	162905

(E) The Workgroup shall cease to exist on submission of its	162906
report.	162907

Section 323.236. PURCHASING STRATEGIES FOR CERTAIN SERVICES

162908

As used in this section, "custom wheelchair" has the same	162909
meaning as in section 5165.01 of the Revised Code.	162910

For the period beginning January 1, 2014, and ending June 30,	162911
2015, the Medicaid Director shall implement strategies for	162912
purchasing oxygen (other than emergency oxygen), resident	162913
transportation services, and custom wheelchairs for Medicaid	162914
recipients residing in nursing facilities. In implementing the	162915
purchasing strategies, the Director shall seek to achieve a more	162916
efficient allocation of resources and price and quality	162917
competition among providers of the goods and services. The	162918
Director shall consider one or more of the following when	162919
determining the purchasing strategies to implement:	162920

(A) Establishing competitive bidding;

162921

(B) Establishing manufacturers rebate programs;

162922

(C) Another purchasing strategy that saves the Medicaid	162923
program an amount equivalent to the savings that would be realized	162924
from the purchasing strategies specified in division (A) or (B),	162925
or both, of this section.	162926

Section 323.250. REDUCED RATE FOR REPEAT RADIOLOGICAL	162927
SERVICES	162928

(A) The Medicaid Director shall reduce the Medicaid payment	162929
rate for radiological services to which both of the following	162930
apply:	162931

(1) They are provided in a physician's office or an	162932
independent diagnostic testing facility;	162933

(2) They are provided more than once by the same provider for	162934
the same Medicaid recipient during the same session.	162935

(B) The Director shall adopt rules under section 5164.02 of	162936
the Revised Code to implement the rate reduction required by this	162937
section. The rules shall not take effect before January 1, 2014.	162938

Section 323.260. VARYING MEDICAID PAYMENT RATES FOR PHYSICIAN	162939
SERVICES DEPENDING ON LOCATION OF SERVICE	162940

(A) The Medicaid Director shall do both of the following:

162941

(1) Identify physician services for which Medicaid payment	162942
rates should vary depending on where the services are provided;	162943

(2) Adopt rules under section 5164.02 of the Revised Code to	162944
establish the varying Medicaid payment rates.	162945

(B) The rules required by division (A)(2) of this section	162946
shall not take effect before January 1, 2014.	162947

Section 323.263. PAYMENT RATES FOR PASSPORT SERVICES

162948

The Medicaid payment rates for services provided under the	162949
PASSPORT program, other than adult day-care services, during the	162950
period beginning July 1, 2013, and ending June 30, 2015, shall be	162951
not less than ninety-eight and five-tenths per cent of the	162952
Medicaid payment rates for the services in effect on June 30,	162953
2011. The Medicaid payment rates for adult day-care services	162954
provided under the PASSPORT program during the period beginning	162955
July 1, 2013, and ending June 30, 2015, shall be twenty per cent	162956
higher than the amount of the Medicaid payment rates for the	162957
services in effect on June 30, 2013.	162958

Section 323.270. MEDICAID PAYMENT METHODOLOGIES ALIGNED WITH	162959
MEDICARE PAYMENT METHODOLOGIES	162960

(A) The Medicaid Director shall do both of the following:

162961

(1) Identify Medicaid services for which the Medicaid payment	162962
methodologies should be aligned, to the extent the Director	162963
considers appropriate, with Medicare payment methodologies for the	162964
services;	162965

(2) Adopt rules under section 5164.02 of the Revised Code to	162966
so align the payment methodologies for the services.	162967

(B) The rules required by division (A)(2) of this section	162968
shall not take effect before January 1, 2014.	162969

Section 323.280. ALTERNATIVE PURCHASING MODEL FOR NURSING	162970
FACILITY SERVICES	162971

As used in this section, "Medicaid waiver component" has the	162972
same meaning as in section 5166.01 of the Revised Code.	162973

The Medicaid Director may establish, as a Medicaid waiver	162974
component, an alternative purchasing model for nursing facility	162975
services provided, during the period beginning July 1, 2013, and	162976
ending July 1, 2015, to Medicaid recipients with specialized	162977
health care needs, including recipients dependent on ventilators,	162978
recipients who have severe traumatic brain injury, and recipients	162979
who would be admitted to long-term acute care hospitals or	162980
rehabilitation hospitals if they did not receive nursing facility	162981
services. If established, the alternative purchasing model shall	162982
do all of the following:	162983

(A) Recognize a connection between enhanced Medicaid payment	162984
rates and improved health outcomes capable of being measured;	162985

(B) Include criteria for identifying Medicaid recipients with	162986
specialized health care needs;	162987

(C) Include procedures for ensuring that Medicaid recipients	162988
identified pursuant to division (B) of this section receive	162989
nursing facility services under the alternative purchasing model.	162990

The total per Medicaid day payment rate for nursing facility	162991
services provided under the alternative purchasing model may	162992
differ from the rate that would otherwise be paid pursuant to	162993
Chapter 5165. of the Revised Code.	162994

Section 323.290. REVIEW OF LONG-TERM SERVICES TO IMPROVE	162995
EFFICIENCY AND INDIVIDUAL CARE	162996

(A) The Department of Medicaid may review the following	162997
services covered by the Medicaid program to identify opportunities	162998
to improve the efficiency of, and individual care provided by,	162999
long-term care services and supports:	163000

(1) Nursing services available under the home health services	163001
benefit pursuant to 42 C.F.R. 440.70(b)(1);	163002

(2) Home health aide services available under the home health	163003
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	163004

(3) Private duty nursing services as defined in 42 C.F.R.	163005
440.80.	163006

(B) The Department, in its review authorized by division (A)	163007
of this section, may consider establishing the following:	163008

(1) New methods for authorizing and coordinating long-term	163009
care services and supports, including such services and supports	163010
covered by the Medicaid state plan, using case managers or care	163011
coordinators;	163012

(2) Competency and training requirements for the case	163013
managers or care coordinators;	163014

(3) Other mechanisms for improving efficiency and individual	163015
care in the delivery of long-term care services and supports.	163016

Section 323.300. PERFORMANCE PAYMENTS FOR MEDICAID MANAGED	163017
CARE	163018

(A) As used in this section:

163019

(1) "Dual eligible individual" has the same meaning as in	163020
section 1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315,	163021
42 U.S.C. 1396n(h)(2)(B).	163022

(2) "Dual eligible integrated care demonstration project"	163023
means the demonstration project authorized by section 5164.91 of	163024
the Revised Code.	163025

(3) "Medicaid managed care organization" has the same meaning	163026
as in section 5167.01 of the Revised Code.	163027

(4) "Participant" means an individual participating in the	163028
dual eligible integrated care demonstration project.	163029

(B) For fiscal year 2014 and fiscal year 2015, the Department	163030
of Medicaid shall provide performance payments as provided under	163031
this section to Medicaid managed care organizations providing care	163032
under the Dual Eligible Integrated Care Demonstration Project.	163033

(C) If the Department implements the Dual Eligible Integrated	163034
Care Demonstration Project, and if participants receive care	163035
through Medicaid managed care organizations under the project, the	163036
Department shall, in consultation with the United States Centers	163037
for Medicare and Medicaid Services, do both of the following:	163038

(1) Develop quality measures designed specifically to	163039
determine the effectiveness of the health care and other services	163040
provided to participants by Medicaid managed care organizations;	163041

(2) Determine an amount to be withheld from the Medicaid	163042
premium payments paid to Medicaid managed care organizations for	163043
participants.	163044

(D)(1) For the purposes of division (C)(2) of this section,	163045
the Department shall establish an amount that is to be withheld	163046
each time a premium payment is made to a Medicaid managed care	163047
organization for a participant. The amount shall be established as	163048
a percentage of each premium payment. The percentage shall be the	163049
same for all Medicaid managed care organizations providing care to	163050
participants.	163051

(2) Each Medicaid managed care organization shall agree to	163052
the withholding as a condition of receiving or maintaining its	163053
Medicaid provider agreement with the Department.	163054

(3) When the amount is established and each time the amount	163055
is modified thereafter, the Department shall certify the amount to	163056
the Director of Budget and Management and begin withholding the	163057
amount from each premium the Department pays to a Medicaid managed	163058
care organization for a participant.	163059

(E) The Director of Budget and Management shall transfer the	163060
amounts certified in accordance with division (D) of this section	163061
into the Managed Care Performance Payment Fund created under	163062
section 5162.60 of the Revised Code. The amounts transferred may	163063
be used to make performance payments to Medicaid managed care	163064
organizations providing care to participants in accordance with	163065
rules that may be adopted by the Medicaid Director under Chapter	163066
119. of the Revised Code.	163067

(F) A Medicaid managed care organization subject to this	163068
section is not subject to section 5167.30 of the Revised Code for	163069
premium payments attributed to participants during fiscal year	163070
2014 and fiscal year 2015.	163071

Section 323.310. INTEGRATED CARE DELIVERY SYSTEM PERFORMANCE	163072
PAYMENT PROGRAM	163073

At the beginning of each quarter, or as soon as possible	163074
thereafter, the Medicaid Director may certify to the Director of	163075
Budget and Management the amount withheld in accordance with the	163076
section in this act titled "PERFORMANCE PAYMENTS FOR MEDICAID	163077
MANAGED CARE." On receipt of certification, the Director of Budget	163078
and Management shall transfer cash in the amount certified from	163079
the General Revenue Fund to the Managed Care Performance Payment	163080
Fund (Fund 5KW0). The transferred cash is hereby appropriated.	163081
Appropriation item 651525, Medicaid/Health Care Services, is	163082
hereby reduced by the amount of the transfer.	163083

Section 323.320. VENDOR COLLECTION OF PATIENT LIABILITY

163084

(A) As used in this section:

163085

"Medicaid waiver component" has the same meaning as in	163086
section 5166.01 of the Revised Code.	163087

"Patient liability" means the amount that 42 C.F.R. 435.735	163088
requires be reduced from a Medicaid payment for home and	163089
community-based services available under a Medicaid waiver	163090
component.	163091

(B) The Medicaid Director may contract with a person or	163092
government entity to collect patient liabilities for fiscal year	163093
2014 and fiscal year 2015. The Director may adopt rules under	163094
section 5166.02 of the Revised Code as necessary to implement this	163095
section.	163096

Section 323.330. STATE PLAN HOME AND COMMUNITY-BASED SERVICES

163097

(A) As used in this section:

163098

"Federal poverty line" means the official poverty line	163099
defined by the United States Office of Management and Budget based	163100
on the most recent data available from the United States Bureau of	163101
the Census and revised by the United States Secretary of Health	163102
and Human Services pursuant to the "Omnibus Budget Reconciliation	163103
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	163104

"State plan home and community-based services" means home and	163105
community-based services that may be included in the Medicaid	163106
state plan pursuant to the "Social Security Act," section 1915(i),	163107
42 U.S.C. 1396n(i).	163108

(B) During fiscal year 2014 and fiscal year 2015, the	163109
Medicaid program may cover state plan home and community-based	163110
services for Medicaid recipients of any age who have behavioral	163111
health issues and countable incomes not exceeding one hundred	163112
fifty per cent of the federal poverty line. A Medicaid recipient	163113
is not required to undergo a level of care determination to be	163114
eligible for the state plan home and community-based services.	163115

The Medicaid Director may adopt rules under section 5164.02	163116
of the Revised Code as necessary to implement this section.	163117

Section 323.340. INPATIENT PSYCHIATRIC HOSPITAL SERVICES FOR	163118
INDIVIDUALS UNDER AGE 21	163119

(A) As used in this section:

163120

"Inpatient psychiatric hospital services for individuals	163121
under age 21" has the same meaning as in the "Social Security	163122
Act," section 1905(h), 42 U.S.C. 1396d(h).	163123

"Psychiatric residential treatment facility" has the same	163124
meaning as in 42 C.F.R. 483.352.	163125

(B) During fiscal year 2014 and fiscal year 2015, the	163126
Medicaid program may cover inpatient psychiatric hospital services	163127
for individuals under age 21 that are provided by psychiatric	163128
residential treatment facilities to Medicaid recipients to whom	163129
both of the following apply:	163130

(1) They are in the custody of the Department of Youth	163131
Services.	163132

(2) They have been identified as meeting a clinical criterion	163133
of serious emotional disturbance specified pursuant to division	163134
(C) of this section.	163135

(C) The Department of Youth Services, in collaboration with	163136
the Department of Medicaid and Department of Mental Health and	163137
Addiction Services, shall specify the clinical criterion of	163138
serious emotional disturbance to be used for the purpose of	163139
division (B)(2) of this section.	163140

Section 323.350. MCD COLLABORATION WITH DVS

163141

The Department of Medicaid may collaborate with the	163142
Department of Veterans Services to determine ways to improve the	163143
coordination of the services that the Departments make available	163144
to veterans in a manner that enhances veterans' receipt of the	163145
services. The Departments may implement, during fiscal year 2014	163146
and fiscal year 2015, initiatives that they determine during the	163147
collaboration will maximize the efficiency of the services and	163148
ensure that veterans' needs are met.	163149

Section 323.360. IMPROVED BIRTH OUTCOMES INITIATIVES

163150

(A) The Medicaid Director may develop and implement, during	163151
fiscal year 2014 and fiscal year 2015, initiatives designed to	163152
improve birth outcomes for Medicaid recipients, including	163153
improvements designed to do the following:	163154

(1) Reduce the number of preterm births;

163155

(2) Reduce Medicaid costs;

163156

(3) Improve the quality of Medicaid services.

163157

(B) In developing the initiatives, the Director may consult	163158
with experts in practice improvement, Medicaid managed care	163159
organizations, hospitals, and other types of Medicaid providers.	163160
The Director, Medicaid managed care organizations, and other types	163161
of Medicaid providers involved in the initiatives shall make	163162
information about the initiatives available on their web sites.	163163

Section 323.370. ABOLISHMENT OF THE PRESCRIPTION DRUG REBATES	163164
FUND	163165

On July 1, 2013, or as soon as possible thereafter, the	163166
Director of Budget and Management shall transfer the cash balance	163167
in the Prescription Drug Rebates Fund (Fund 5P50) to the Health	163168
Care/Medicaid Support and Recoveries Fund (Fund 5DL0). Upon	163169
completion of the transfer, Fund 5P50 is abolished. The Director	163170
shall cancel any existing encumbrances against appropriation item	163171
600692, Health Care/Medicaid Support – Drug Rebates, and	163172
reestablish them against appropriation item 651639, Medicaid	163173
Services - Recoveries. The re-established encumbrance amounts are	163174
hereby appropriated.	163175

All money that would have been deposited into the	163176
Prescription Drug Rebates Fund shall be deposited into the Health	163177
Care/Medicaid Support and Recoveries Fund during fiscal year 2014	163178
and fiscal year 2015.	163179

Section 323.380. ABOLISHMENT OF THE HEALTHCARE COMPLIANCE	163180
FUND	163181

On July 1, 2013, or as soon as possible thereafter, the	163182
Medicaid Director shall certify to the Director of Budget and	163183
Management, the cash balance related to managed care obligations	163184
in the Healthcare Compliance Fund (Fund 4Z10). The Director of	163185
Budget and Management shall transfer the amount certified from	163186
Fund 4Z10 to the Managed Care Performance Payment Fund (Fund	163187
5KW0). The Director shall cancel any existing encumbrances related	163188
to managed care obligations against appropriation item 600625,	163189
Healthcare Compliance, and re-establish them against appropriation	163190
item 651612, Managed Care Performance Payment. The re-established	163191
encumbrance amounts are hereby appropriated.	163192

After the cash relating to managed care obligations has been	163193
transferred, the Director of Budget and Management shall transfer	163194
the remaining cash balance in the Healthcare Compliance Fund (Fund	163195
4Z10) to the Health Care Services Administration Fund (Fund 5U30).	163196
Upon completion of the transfer, Fund 4Z10 is abolished. The	163197
Director shall cancel any remaining encumbrances against	163198
appropriation item 600625, Healthcare Compliance, and re-establish	163199
them against appropriation item 651654, Medicaid Program Support.	163200
The re-established encumbrance amounts are hereby appropriated.	163201

All money that would have been deposited into the Health Care	163202
Compliance Fund pursuant to division (B)(2) of former section	163203
5111.946 of the Revised Code shall be deposited into the Health	163204
Care Services Administration Fund during fiscal year 2014 and	163205
fiscal year 2015.	163206

Section 323.390. ABOLISHMENT OF THE ODJFS ADMINISTRATION AND	163207
OVERSIGHT FUND	163208

On July 1, 2013, or as soon as possible thereafter, the	163209
Director of Budget and Management shall transfer the cash balance	163210
in the ODJFS Administration and Oversight Fund (Fund 5S30) to the	163211
Health Care Services Administration Fund (Fund 5U30). Upon	163212
completion of the transfer, Fund 5S30 is abolished. The Director	163213
shall cancel any existing encumbrances against appropriation item	163214
600629, Healthcare Program and DDD Support, and re-establish them	163215
against appropriation item 651654, Medicaid Program Support. The	163216
re-established encumbrance amounts are hereby appropriated.	163217

Section 323.400. REFUNDS AND RECONCILIATION FUND

163218

The Refunds and Reconciliation Fund (Fund R055) shall be used	163219
to hold refund and reconciliation revenues until the appropriate	163220
fund is determined or until the revenues are directed to the	163221
appropriate governmental agency other than the Department of	163222
Medicaid. Any Medicaid refunds or reconciliations received or held	163223
by the Department of Job and Family Services shall be transferred	163224
or credited to this fund. If receipts credited to the Refunds and	163225
Reconciliation Fund exceed the amounts appropriated from the fund,	163226
the Medicaid Director may request the Director of Budget and	163227
Management to authorize expenditures from the fund in excess of	163228
the amounts appropriated. Upon approval of the Director of Budget	163229
and Management, the additional amounts are hereby appropriated.	163230

Section 323.480. UPDATING AUTHORIZING STATUTE CITATIONS

163231

As used in this section, "authorizing statute" means a	163232
Revised Code section or provision of a Revised Code section that	163233
is cited in the Ohio Administrative Code as the statute that	163234
authorizes the adoption of a rule.	163235

The Medicaid Director is not required to amend any rule for	163236
the sole purpose of updating the citation in the Ohio	163237
Administrative Code to the rule's authorizing statute to reflect	163238
that this act renumbers the authorizing statute or relocates it to	163239
another Revised Code section. Such citations shall be updated as	163240
the Director amends the rules for other purposes.	163241

Section 325.10. MED STATE MEDICAL BOARD

163242

General Services Fund Group	163243

5C60	883609	Operating Expenses	$	9,172,062	$	9,172,062	163244
TOTAL GSF General Services							163245
Fund Group			$	9,172,062	$	9,172,062	163246
TOTAL ALL BUDGET FUND GROUPS			$	9,172,062	$	9,172,062	163247

Section 327.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	163249
SERVICES	163250

General Revenue Fund	163251

GRF	333321	Central Administration	$	13,495,337	$	13,486,290	163252
GRF	333402	Resident Trainees	$	450,000	$	450,000	163253
GRF	333415	Lease-Rental Payments	$	15,843,300	$	16,076,700	163254
GRF	333416	Research Program Evaluation	$	321,998	$	321,998	163255
GRF	334412	Hospital Services	$	190,514,437	$	190,514,437	163256
GRF	334506	Court Costs	$	784,210	$	784,210	163257
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	163258
GRF	335406	Prevention and Wellness	$	868,659	$	868,659	163259
GRF	335421	Continuum of Care Services	$	77,733,742	$	77,633,742	163260
GRF	335422	Criminal Justice Services	$	4,917,898	$	4,917,898	163261
GRF	335504	Community Innovations	$	6,500,000	$	1,500,000	163262
GRF	335506	Residential State Supplement	$	7,502,875	$	7,502,875	163263
GRF	335507	Community Behavioral Health	$	47,500,000	$	47,500,000	163264
GRF	652507	Medicaid Support	$	1,727,553	$	1,736,600	163265
TOTAL GRF General Revenue Fund			$	369,546,009	$	364,679,409	163266

General Services Fund Group	163267

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	163268
5T90	333641	Problem Gambling Services - Administration	$	60,000	$	60,000	163269
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	28,190,000	163270
1500	334620	Special Education	$	150,000	$	150,000	163271
4P90	335604	Community Mental Health Projects	$	250,000	$	250,000	163272
5T90	335641	Problem Gambling Services	$	275,000	$	275,000	163273
1510	336601	Office of Support Services	$	115,000,000	$	115,000,000	163274
TOTAL GSF General Services Fund Group			$	145,268,190	$	145,268,190	163275

Federal Special Revenue Fund Group	163276

3240	333605	Medicaid/Medicare - Refunds	$	154,500	$	154,500	163277
3A60	333608	Federal Miscellaneous - Administration	$	140,000	$	140,000	163278
3A70	333612	Social Services Block Grant - Administration	$	50,000	$	50,000	163279
3A80	333613	Federal Grants - Administration	$	4,717,000	$	4,717,000	163280
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	163281
3G40	333618	Substance Abuse Block Grant- Administration	$	3,307,789	$	3,307,789	163282
3H80	333606	Demonstration Grants - Administration	$	3,237,574	$	3,237,574	163283
3N80	333639	Administrative Reimbursement	$	300,000	$	300,000	163284
3240	334605	Medicaid/Medicare - Hospitals	$	28,200,000	$	28,200,000	163285
3A60	334608	Federal Miscellaneous - Hospitals	$	200,000	$	200,000	163286
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	163287
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	163288
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	163289
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	2,500,000	163290
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	163291
3FR0	335638	Race to the Top - Early Learning Challenge Grant	$	1,164,000	$	1,164,000	163292
3G40	335618	Substance Abuse Block Grant	$	62,542,003	$	62,557,967	163293
3H80	335606	Demonstration Grants	$	5,428,006	$	5,428,006	163294
3B10	652635	Community Medicaid Legacy Costs	$	5,000,000	$	0	163295
3B10	652636	Community Medicaid Legacy Support	$	7,000,000	$	7,000,000	163296
3J80	652609	Medicaid Legacy Costs Support	$	3,000,000	$	0	163297
TOTAL FED Federal Special Revenue Fund Group			$	152,659,342	$	144,675,306	163298

State Special Revenue Fund Group	163299

2320	333621	Family and Children First Administration	$	400,000	$	400,000	163300
4750	333623	Statewide Treatment and Prevention - Administration	$	5,490,667	$	5,490,667	163301
4850	333632	Mental Health Operating - Refunds	$	134,233	$	134,233	163302
5JL0	333629	Problem Gambling and Casino Addictions - Administration	$	1,361,592	$	1,361,592	163303
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	163304
6890	333640	Education and Conferences	$	150,000	$	150,000	163305
4850	334632	Mental Health Operating - Hospitals	$	2,477,500	$	2,477,500	163306
4750	335623	Statewide Treatment and Prevention	$	10,059,333	$	10,059,333	163307
5AU0	335615	Behavioral Health Care	$	6,690,000	$	6,690,000	163308
5JL0	335629	Problem Gambling and Casino Addictions	$	4,084,772		4,084,772	163309
6320	335616	Community Capital Replacement	$	350,000	$	350,000	163310
TOTAL SSR State Special Revenue Fund Group			$	31,298,097	$	31,298,097	163311
TOTAL ALL BUDGET FUND GROUPS			$	698,771,638	$	685,921,002	163312

Section 327.20. TRANSITION RELATING TO CONSOLIDATION OF	163314
DEPARTMENTS	163315

Notwithstanding Chapters 340., 3793., 5119., and 5122. of the	163316
Revised Code, and any other provision of law to the contrary, on	163317
July 1, 2013, there is hereby created the Department of Mental	163318
Health and Addiction Services, which shall be administered by the	163319
Director of Mental Health and Addiction Services. The Director of	163320
Mental Health and Addiction Services shall be appointed by the	163321
Governor, with the advice and consent of the Senate, and shall	163322
hold office during the term of the appointing Governor, and is	163323
subject to removal at the pleasure of the Governor. The Director	163324
of Mental Health and Addiction Services is the executive head of	163325
the Department of Mental Health and Addiction Services. The	163326
Department of Alcohol and Drug Addiction Services and the	163327
Department of Mental Health shall be consolidated into the single	163328
Department of Mental Health and Addiction Services. All of the	163329
authority, functions, and assets and liabilities of the Department	163330
of Mental Health and the Department of Alcohol and Drug Addiction	163331
Services are transferred to the Department of Mental Health and	163332
Addiction Services. The Department of Mental Health and Addiction	163333
Services is thereupon and thereafter successor to, assumes the	163334
obligations of, and otherwise constitutes the continuation of the	163335
Department of Alcohol and Drug Addiction Services and the	163336
Department of Mental Health. The Director of Mental Health and	163337
Addiction Services assumes all of the duties, authorities, and	163338
responsibilities of the Director of Alcohol and Drug Addiction	163339
Services and the Director of Mental Health. Any action, license,	163340
or certification that was undertaken or issued by the Director of	163341
Alcohol and Drug Addiction Services or the Director of Mental	163342
Health that is current and valid on the effective date of the	163343
consolidation is deemed to be an action, license, or certification	163344
undertaken or issued by the Department of Mental Health and	163345
Addiction Services under the statute creating that Department.	163346

Any business commenced but not completed by July 1, 2013, by	163347
the Department of Mental Health or the Department of Alcohol and	163348
Drug Addiction Services shall be completed by the Department of	163349
Mental Health and Addiction Services. The business shall be	163350
completed in the same manner, and with the same effect, as if	163351
completed by the Department of Mental Health or by the Department	163352
of Alcohol and Drug Addiction Services prior to July 1, 2013.	163353

No validation, cure, right, privilege, remedy, obligation, or	163354
liability is lost or impaired by reason of this act's transfer of	163355
responsibility from the Department of Mental Health and the	163356
Department of Alcohol and Drug Addiction Services to the	163357
Department of Mental Health and Addiction Services. Each such	163358
validation, cure, right, remedy, obligation, or liability shall be	163359
administered by the Department of Mental Health and Addiction	163360
Services pursuant to the statute creating that department.	163361

All rules, orders, and determinations made or undertaken	163362
pursuant to the authority and responsibilities of the Department	163363
of Mental Health and the Department of Alcohol and Drug Addiction	163364
Services prior to July 1, 2013, shall continue in effect as rules,	163365
orders, and determinations of the Department of Mental Health and	163366
Addiction Services until modified or rescinded by the Department	163367
of Mental Health and Addiction Services. If necessary to ensure	163368
the integrity of the numbering system of the Administrative Code,	163369
the Director of the Legislative Service Commission shall renumber	163370
the rules to reflect the transfer of authority and responsibility	163371
to the Department of Mental Health and Addiction Services.	163372

Any action or proceeding that is related to the functions or	163373
duties of the Department of Mental Health or the Department of	163374
Alcohol and Drug Addiction Services pending on July 1, 2013, is	163375
not affected by the transfer of responsibility to the Department	163376
of Mental Health and Addiction Services and shall be prosecuted or	163377
defended in the name of the Department of Mental Health and	163378
Addiction Services. In all such actions and proceedings, the	163379
Department of Mental Health and Addiction Services, on application	163380
to the court, shall be substituted as a party.	163381

It is the intention of the Department of Mental Health and	163382
Addiction Services that community subsidies allocated or	163383
distributed by the department will be used to fund mental health	163384
and addiction services in largely the same proportion that such	163385
services were funded when allocated or distributed as separate	163386
funding streams through the separate Department of Mental Health	163387
or Department of Alcohol and Drug Addiction Services.	163388

All employees of the Department of Mental Health and the	163389
Department of Alcohol and Drug Addiction Services shall be	163390
employees of the Department of Mental Health and Addiction	163391
Services and shall serve in the positions previously held within	163392
their respective agencies unless the Department of Mental Health	163393
and Addiction Services determines otherwise. The merger of	163394
Department of Mental Health and Department of Alcohol and Drug	163395
Addiction Services shall not be deemed a transfer of employees	163396
pursuant to division (D)(3)(b) of section 124.11 of the Revised	163397
Code. Any unclassified employee of the Department of Mental Health	163398
and Addiction Services who held a right to resume a position	163399
within the classified service of his or her previous respective	163400
agency of the Department of Mental Health or the Department of	163401
Alcohol and Drug Addiction Services shall retain such a right	163402
subject to section 5119.18 of the Revised Code as may be amended.	163403

On July 1, 2013, or as soon as possible thereafter,	163404
notwithstanding any provision of law to the contrary, and if	163405
requested by the Department of Mental Health and Addiction	163406
Services, the Director of Budget and Management shall make budget	163407
changes made necessary by the consolidation, if any, including	163408
administrative organization, program transfers, the creation of	163409
new funds, the transfer of state funds, and the consolidation of	163410
funds, as authorized by this section. The Director of Budget and	163411
Management may make any transfer of cash balances between funds.	163412

On July 1, 2013, or as soon as possible thereafter, the	163413
Director of Mental Health and Addiction Services shall certify to	163414
the Director of Budget and Management all encumbrances held by the	163415
Department of Mental Health and the Department of Alcohol and Drug	163416
Addiction Services, and specify which of those encumbrances are	163417
requested to be transferred to the Department of Mental Health and	163418
Addiction Services. The Director of Budget and Management may	163419
cancel any existing encumbrances as certified by the Director of	163420
Mental Health and Addiction Services and re-establish them in the	163421
new agency. The re-established encumbrance amounts are hereby	163422
appropriated. Any business commenced but not completed with regard	163423
to the encumbrances certified shall be completed by the Department	163424
of Mental Health and Addiction Services in the same manner and	163425
with the same effect as if it were completed by the Department of	163426
Mental Health or the Department of Alcohol and Drug Addiction	163427
Services.	163428

Not later than 30 days after the transfer and consolidation	163429
of the operations and related management functions of the	163430
Department of Mental Health and the Department of Alcohol and Drug	163431
Addiction Services to the Department of Mental Health and	163432
Addiction Services, an authorized officer of the former Department	163433
of Mental Health and the former Department of Alcohol and Drug	163434
Addiction Services shall certify to the Director of Mental Health	163435
and Addiction Services the unexpended balance and location of any	163436
funds and accounts designated for building and facility operation	163437
and management functions, and the custody of such funds and	163438
accounts shall be transferred to the Department of Mental Health	163439
and Addiction Services.	163440

Effective July 1, 2013, the Director of Budget and Management	163441
shall cancel any existing encumbrances against appropriation item	163442
038616, Problem Gambling Services, and re-establish them against	163443
appropriation items 333641, Problem Gambling Services -	163444
Administration, and 335641, Problem Gambling Services. The	163445
re-established encumbrance amounts are hereby appropriated. Any	163446
business commenced but not completed under appropriation item	163447
038616 by July 1, 2013, shall be completed under appropriation	163448
items 333641 and 335641 in the same manner and with the same	163449
effect as if it were completed with regard to appropriation item	163450
038616.	163451

Effective July 1, 2013, the Director of Budget and Management	163452
shall cancel any existing encumbrances against appropriation item	163453
038614, Substance Abuse Block Grant, and re-establish them against	163454
appropriation items 333618, Substance Abuse Block Grant -	163455
Administration, and 335618, Substance Abuse Block Grant. The	163456
re-established encumbrance amounts are hereby appropriated. Any	163457
business commenced but not completed under appropriation item	163458
038614 by July 1, 2013, shall be completed under appropriation	163459
items 333618 and 335618 in the same manner and with the same	163460
effect as if it were completed with regard to appropriation item	163461
038614.	163462

Effective July 1, 2013, the Director of Budget and Management	163463
shall cancel any existing encumbrances against appropriation item	163464
038609, Demonstration Grants, and re-establish them against	163465
appropriation items 333606, Demonstration Grants - Administration,	163466
and 335606, Demonstration Grants. The re-established encumbrance	163467
amounts are hereby appropriated. Any business commenced but not	163468
completed under appropriation item 038609 by July 1, 2013, shall	163469
be completed under appropriation items 333606 and 335606 in the	163470
same manner and with the same effect as if it were completed with	163471
regard to appropriation item 038609.	163472

Effective July 1, 2013, the Director of Budget and Management	163473
shall cancel any existing encumbrances against appropriation item	163474
038621, Statewide Treatment and Prevention, and re-establish them	163475
against appropriation items 333623, Statewide Treatment and	163476
Prevention - Administration, and 335623, Statewide Treatment and	163477
Prevention. The re-established encumbrance amounts are hereby	163478
appropriated. Any business commenced but not completed under	163479
appropriation item 038621 by July 1, 2013, shall be completed	163480
under appropriation items 333623 and 335623 in the same manner and	163481
with the same effect as if it were completed with regard to	163482
appropriation item 038621.	163483

Effective July 1, 2013, the Director of Budget and Management	163484
shall cancel any existing encumbrances against appropriation item	163485
038629, Problem Gambling and Casino Addictions, and re-establish	163486
them against appropriation items 333629, Problem Gambling and	163487
Casino Addictions - Administration, and 335629, Problem Gambling	163488
and Casino Addictions. The re-established encumbrance amounts are	163489
hereby appropriated. Any business commenced but not completed	163490
under appropriation item 038629 by July 1, 2013, shall be	163491
completed under appropriation items 333629 and 335629 in the same	163492
manner and with the same effect as if it were completed with	163493
regard to appropriation item 038629.	163494

Effective July 1, 2013, the Director of Budget and Management	163495
shall cancel any existing encumbrances against appropriation item	163496
038611, Administrative Reimbursement, and re-establish them	163497
against appropriation item 333639, Administrative Reimbursement.	163498
The re-established encumbrance amounts are hereby appropriated.	163499
Any business commenced but not completed under appropriation item	163500
038611 by July 1, 2013, shall be completed under appropriation	163501
item 333639 in the same manner and with the same effect as if it	163502
were completed with regard to appropriation item 038611.	163503

Effective July 1, 2013, the Director of Budget and Management	163504
shall cancel any existing encumbrances against appropriation item	163505
335635, Community Medicaid Expansion, and re-establish them	163506
against appropriation item 652635, Community Medicaid Legacy	163507
Costs. The re-established encumbrance amounts are hereby	163508
appropriated. Any business commenced but not completed under	163509
appropriation item 335635 by July 1, 2013, shall be completed	163510
under appropriation item 652635 in the same manner and with the	163511
same effect as if it were completed with regard to appropriation	163512
item 335635.	163513

Effective July 1, 2013, the Director of Budget and Management	163514
shall cancel any existing encumbrances against appropriation item	163515
333635, Community Medicaid Expansion, and re-establish them	163516
against appropriation item 652636, Community Medicaid Legacy	163517
Support. The re-established encumbrance amounts are hereby	163518
appropriated. Any business commenced but not completed under	163519
appropriation item 333635 by July 1, 2013, shall be completed	163520
under appropriation item 652636 in the same manner and with the	163521
same effect as if it were completed with regard to appropriation	163522
item 333635.	163523

Effective July 1, 2013, the Director of Budget and Management	163524
shall cancel any existing encumbrances against appropriation item	163525
038610, Medicaid, and re-establish them against appropriation item	163526
652609, Medicaid Legacy Costs Support. The re-established	163527
encumbrance amounts are hereby appropriated. Any business	163528
commenced but not completed under appropriation item 038610 by	163529
July 1, 2013, shall be completed under appropriation item 652609	163530
in the same manner and with the same effect as if it were	163531
completed with regard to appropriation item 038610.	163532

Effective July 1, 2013, the Director of Budget and Management	163533
shall cancel any existing encumbrances against appropriation item	163534
038604, Education and Conferences, and re-establish them against	163535
appropriation item 333640, Education and Conferences. The	163536
re-established encumbrance amounts are hereby appropriated. Any	163537
business commenced but not completed under appropriation item	163538
038604 by July 1, 2013, shall be completed under appropriation	163539
item 333640 in the same manner and with the same effect as if it	163540
were completed with regard to appropriation item 038604.	163541

Effective July 1, 2013, the Director of Budget and Management	163542
shall cancel any existing encumbrances against appropriation item	163543
038401, Treatment Services, and re-establish them against	163544
appropriation items 335421, Continuum of Care Services, 335422,	163545
Criminal Justice Services, and 335406, Prevention and Wellness.	163546
The re-established encumbrance amounts are hereby appropriated.	163547
Any business commenced but not completed under appropriation item	163548
038401 by July 1, 2013, shall be completed under appropriation	163549
items 335421, 335422, and 335406 in the same manner and with the	163550
same effect as if it were completed with regard to appropriation	163551
item 038401.	163552

Effective July 1, 2013, the Director of Budget and Management	163553
shall cancel any existing encumbrances against appropriation item	163554
335419, Community Medication Subsidy, and re-establish them	163555
against appropriation item 335421, Continuum of Care Services. The	163556
re-established encumbrance amounts are hereby appropriated. Any	163557
business commenced but not completed under appropriation item	163558
335419 by July 1, 2013, shall be completed under appropriation	163559
item 335421 in the same manner and with the same effect as if it	163560
were completed with regard to appropriation item 335419.	163561

Effective July 1, 2013, the Director of Budget and Management	163562
shall cancel any existing encumbrances against appropriation item	163563
335505, Local Mental Health Systems of Care, and re-establish them	163564
against appropriation item 335421, Continuum of Care Services. The	163565
re-established encumbrance amounts are hereby appropriated. Any	163566
business commenced but not completed under appropriation item	163567
335505 by July 1, 2013, shall be completed under appropriation	163568
item 335421 in the same manner and with the same effect as if it	163569
were completed with regard to appropriation item 335505.	163570

Effective July 1, 2013, the Director of Budget and Management	163571
shall cancel any existing encumbrances against appropriation item	163572
332401, Forensic Services, and re-establish them against	163573
appropriation item 335422, Criminal Justice Services. The	163574
re-established encumbrance amounts are hereby appropriated. Any	163575
business commenced but not completed under appropriation item	163576
332401 by July 1, 2013, shall be completed under appropriation	163577
item 335422 in the same manner and with the same effect as if it	163578
were completed with regard to appropriation item 332401.	163579

Effective July 1, 2013, the Director of Budget and Management	163580
shall cancel any existing encumbrances against appropriation item	163581
333403, Pre-Admission Screening Expenses, and re-establish them	163582
against appropriation item 652507, Medicaid Support. The	163583
re-established encumbrance amounts are hereby appropriated. Any	163584
business commenced but not completed under appropriation item	163585
333403 by July 1, 2013, shall be completed under appropriation	163586
item 652507 in the same manner and with the same effect as if it	163587
were completed with regard to appropriation item 333403.	163588

Effective July 1, 2013, the Director of Budget and Management	163589
shall cancel any existing encumbrances against appropriation item	163590
038900, Indigent Drivers Alcohol Treatment, and re-establish them	163591
against appropriation item 335900, Indigent Drivers Alcohol	163592
Treatment. The re-established encumbrance amounts are hereby	163593
appropriated. Any business commenced but not completed under	163594
appropriation item 038900 by July 1, 2013, shall be completed	163595
under appropriation item 335900 in the same manner and with the	163596
same effect as if it were completed with regard to appropriation	163597
item 038900.	163598

Effective July 1, 2013, the Director of Budget and Management	163599
shall cancel any existing encumbrances against appropriation item	163600
038404, Prevention Services, and re-establish them against	163601
appropriation item 335406, Prevention and Wellness. The	163602
re-established encumbrance amounts are hereby appropriated. Any	163603
business commenced but not completed under appropriation item	163604
038404 by July 1, 2013, shall be completed under appropriation	163605
item 335406 in the same manner and with the same effect as if it	163606
were completed with regard to appropriation item 038404.	163607

Section 327.20.10. Effective July 1, 2013, the Director of	163608
Mental Health and Addiction Services, with respect to all mental	163609
health and addiction facilities and services established and	163610
operated or provided under Chapter 340. of the Revised Code shall	163611
do all of the following:	163612

(A) To the extent the Director determines necessary, and	163613
after consultation with the boards of alcohol, drug addiction, and	163614
mental health services and community addiction and mental health	163615
services providers, develop and operate, or contract for the	163616
operation of, a community behavioral health information system or	163617
systems. The Department shall specify the information that must be	163618
provided by boards of alcohol, drug addiction, and mental health	163619
services and by community addiction and mental health services	163620
providers for inclusion in the system or systems. Boards of	163621
alcohol, drug addiction, and mental health services and community	163622
addiction and mental health services providers shall submit	163623
information requested by the Department in the form and manner and	163624
in accordance with time frames prescribed by the Department.	163625
Information collected by the Department may include all of the	163626
following:	163627

(1) Information on services provided;

163628

(2) Financial information regarding expenditures of federal,	163629
state, or local funds;	163630

(3) Information about persons served.

163631

(B)(1) Receive and review each board's community mental	163632
health and addiction services plan, budget, and statement of	163633
services to be made available, and approve or disapprove the plan,	163634
budget, and statement of services in whole or in part.	163635

(2) The Department may withhold all or part of the funds	163636
allocated to a board if it disapproves all or part of a plan,	163637
budget, or statement of service.	163638

(3) Prior to a final decision to disapprove a plan, budget,	163639
or statement of services, or to withhold funds from a board, a	163640
representative of the Director shall meet with the board to	163641
discuss the reasons for the action and any corrective action that	163642
should be taken to make the plan, budget, or statement of services	163643
acceptable, and give the board a reasonable time in which to	163644
revise the plan, budget, or statement of services.	163645

(C) Establish procedures for the review of plans, budgets,	163646
and statements of services, and a timetable for submission and	163647
review. Boards of alcohol, drug addiction, and mental health	163648
services shall submit to the Department of Mental Health and	163649
Addiction Services the information, plans, budgets, and statements	163650
of services described above in accordance with the guidance or	163651
directives of the Department or Director. After notifying and	163652
consulting with relevant constituents, the Department of Mental	163653
Health and Addiction Services shall establish a methodology for	163654
allocating to boards of alcohol, drug addiction, and mental health	163655
services the funds appropriated by the General Assembly to the	163656
Department for the purpose of local mental health and addiction	163657
services continuums of care. Subject to existing provisions of law	163658
that permit the Director to withhold funds from boards of alcohol,	163659
drug addiction, and mental health services for failure to comply	163660
with applicable sections of law, or for discriminating in making	163661
services available, and subject to a board's submission and	163662
approval of the required plan, budget, and statement of services	163663
described above, the Department shall allocate the funds to the	163664
boards in a manner consistent with the methodology and state and	163665
federal laws, rules, and regulations.	163666

Portions of appropriation items 333609, Central Office	163667
Operating, 333606, Demonstration Grants - Administration, 333612,	163668
Social Services Block Grant - Administration, 333613, Federal	163669
Grants - Administration, 333614, Mental Health Block Grant -	163670
Administration, 333618, Substance Abuse Block Grant -	163671
Administration, 333623, Statewide Treatment and Prevention -	163672
Administration, 333629, Problem Gambling and Casino Addictions -	163673
Administration, 333608, Federal Miscellaneous - Administration,	163674
333641, Problem Gambling Services - Administration, 335406,	163675
Prevention and Wellness, 335421, Continuum of Care Services,	163676
335422, Criminal Justice Services, 335604, Community Mental Health	163677
Projects, 335606, Demonstration Grants, 335612, Social Services	163678
Block Grant, 335613, Federal Grant - Community Mental Health	163679
Subsidy, 335614, Mental Health Block Grant, 335615, Behavioral	163680
Health Care, 335618, Substance Abuse Block Grant, 335623,	163681
Statewide Treatment and Prevention, 335629, Problem Gambling and	163682
Casino Addictions, 335638, Race to the Top - Early Learning	163683
Challenge Grant, and 335900, Indigent Drivers Alcohol Treatment,	163684
may be used to pay for the Department and board functions	163685
enumerated above.	163686

Section 327.20.20. (A) Effective July 1, 2013, all records	163687
and reports, other than court journal entries or court docket	163688
entries, identifying a person and pertaining to the person's	163689
mental health condition, assessment, provision of care or	163690
treatment, or payment for assessment, care, or treatment that are	163691
maintained in connection with any services certified by the	163692
Department of Mental Health and Addiction Services, or any	163693
hospitals or facilities licensed or operated by the Department,	163694
shall be kept confidential and shall not be disclosed by any	163695
person, with the following exceptions:	163696

(1) If the person identified, or the person's legal guardian,	163697
if any, or if the person is a minor, the person's parent or legal	163698
guardian, consents.	163699

(2) When disclosure is provided for in Chapters 340., 5119.,	163700
or 5122. of the Revised Code or in accordance with other	163701
provisions of state or federal law authorizing such disclosure.	163702

(3) Hospitals, boards of alcohol, drug addiction, and mental	163703
health services, licensed facilities, and community mental health	163704
services providers may release necessary information to insurers	163705
and other third-party payers, including government entities	163706
responsible for processing and authorizing payment, to obtain	163707
payment for goods and services furnished to the person.	163708

(4) Pursuant to a court order signed by a judge;

163709

(5) A person shall be granted access to the person's own	163710
psychiatric and medical records unless access specifically is	163711
restricted in a person's treatment plan for clear treatment	163712
reasons.	163713

(6) The Department of Mental Health and Addiction Services	163714
may exchange psychiatric records and other pertinent information	163715
with community mental health services providers and boards of	163716
alcohol, drug addiction, and mental health services relating to	163717
the person's care or services. Records and information that may be	163718
exchanged pursuant to this division shall be limited to medication	163719
history, physical health status and history, financial status,	163720
summary of course of treatment, summary of treatment needs, and a	163721
discharge summary, if any.	163722

(7) The Department of Mental Health and Addiction Services,	163723
hospitals, and community providers operated by the Department,	163724
hospitals licensed by the Department under section 5119.20	163725
(5119.33) of the Revised Code and community mental health services	163726
providers may exchange psychiatric records and other pertinent	163727
information with payers and other providers of treatment and	163728
health services if the purpose of the exchange is to facilitate	163729
continuity of care for the person or for the emergency treatment	163730
of the person.	163731

(8) The Department of Mental Health and Addiction Services	163732
and community mental health services providers may exchange	163733
psychiatric records and other pertinent information with boards of	163734
alcohol, drug addiction, and mental health services for purposes	163735
of any board function set forth in Chapter 340. of the Revised	163736
Code. Boards of alcohol, drug addiction, and mental health	163737
services shall not access or use any personal information from the	163738
Department or providers except as required or permitted by this	163739
section, or Chapters 340. and 5122. of the Revised Code for	163740
purposes related to payment, care coordination, health care	163741
operations, program and service evaluation, reporting activities,	163742
research, system administration, oversight, or other authorized	163743
purposes.	163744

(9) A person's family member who is involved in the	163745
provision, planning, and monitoring of services to the person may	163746
receive medication information, a summary of the person's	163747
diagnosis and prognosis, and a list of the services and personnel	163748
available to assist the person and the person's family, if the	163749
person's treatment provider determines that the disclosure would	163750
be in the best interests of the person. No such disclosure shall	163751
be made unless the person is notified first and receives the	163752
information and does not object to the disclosure.	163753

(10) Community mental health services providers may exchange	163754
psychiatric records and certain other information with the board	163755
of alcohol, drug addiction, and mental health services and other	163756
providers in order to provide services to a person involuntarily	163757
committed to a board. Release of records under this division shall	163758
be limited to medication history, physical health status and	163759
history, financial status, summary of course of treatment, summary	163760
of treatment needs, and discharge summary, if any.	163761

(11) Information may be disclosed to the executor or the	163762
administrator of an estate of a deceased person when the	163763
information is necessary to administer the estate.	163764

(12) Information may be disclosed to staff members of the	163765
appropriate board or to staff members designated by the Director	163766
of Mental Health and Addiction Services for the purpose of	163767
evaluating the quality, effectiveness, and efficiency of services	163768
and determining if the services meet minimum standards.	163769
Information obtained during such evaluations shall not be retained	163770
with the name of any person.	163771

(13) Records pertaining to the person's diagnosis, course of	163772
treatment, treatment needs, and prognosis shall be disclosed and	163773
released to the appropriate prosecuting attorney if the person was	163774
committed pursuant to section 2945.38, 2945.39, 2945.40, 2945.401,	163775
or 2945.402 of the Revised Code, or to the attorney designated by	163776
the board for proceedings pursuant to involuntary commitment under	163777
Chapter 5122. of the Revised Code.	163778

(14) The Department of Mental Health and Addiction Services	163779
may exchange psychiatric hospitalization records, other mental	163780
health treatment records, and other pertinent information with the	163781
Department of Rehabilitation and Correction and with the	163782
Department of Youth Services to ensure continuity of care for	163783
inmates and offenders who are receiving mental health services in	163784
an institution of the Department of Rehabilitation and Correction	163785
or the Department of Youth Services and may exchange psychiatric	163786
hospitalization records, other mental health treatment records,	163787
and other pertinent information with boards of alcohol, drug	163788
addiction, and mental health services and community mental health	163789
services providers to ensure continuity of care for inmates or	163790
offenders who are receiving mental health services in an	163791
institution and are scheduled for release within six months. The	163792
release of records under this division is limited to records	163793
regarding an inmate's or offender's medication history, physical	163794
health status and history, summary of course of treatment, summary	163795
of treatment needs, and a discharge summary, if any.	163796

(15) A community mental health services provider that ceases	163797
to operate may transfer to either a community mental health	163798
services provider that assumes its caseload or to the board of	163799
alcohol, drug addiction, and mental health services of the service	163800
district in which the person resided at the time services were	163801
most recently provided any treatment records that have not been	163802
transferred elsewhere at the person's request.	163803

(B) Before records are disclosed pursuant to divisions	163804
(A)(3), (6), or (10) of this section, the custodian of the records	163805
shall attempt to obtain the consent of the person in question for	163806
the disclosure.	163807

(C) No person shall reveal the content of a medical record of	163808
a person except as authorized by the law.	163809

(D) Portions of appropriation items 333321, Central	163810
Administration, 333416, Research Program Evaluation, 333605,	163811
Medicaid/Medicare - Refunds, 333606, Demonstration Grants -	163812
Administration, 333608, Federal Miscellaneous - Administration,	163813
333609, Central Office Opening, 333611, Non-Federal Miscellaneous,	163814
333612, Social Services Block Grant - Administration, 333613,	163815
Federal Grants - Administration, 333614, Mental Health Block Grant	163816
- Administration, 333618, Substance Abuse Block Grant -	163817
Administration, 333621, Family and Children First Administration,	163818
333623, Statewide Treatment and Prevention - Administration,	163819
333629, Problem Gambling and Casino Addictions - Administration,	163820
333632, Mental Health Operating - Refunds, 333608, Federal	163821
Miscellaneous - Administration, 333640, Education and Conferences,	163822
333641, Problem Gambling Services - Administration, 333639,	163823
Administrative Reimbursement, 334605, Medicaid/Medicare -	163824
Hospitals, 334608, Federal Miscellaneous - Hospitals, 334609,	163825
Hospital - Operating Expenses, 334613, Federal Letter of Credit,	163826
334620, Special Education, 334632, Mental Health Operating -	163827
Hospitals, 335405, Family and Children First, 335406, Prevention	163828
and Wellness, 335421, Continuum of Care Services, 335422, Criminal	163829
Justice Services, 335604, Community Mental Health Projects,	163830
335506, Residential State Supplement, 335608, Federal	163831
Miscellaneous, 335606, Demonstration Grants, 335612, Social	163832
Services Block Grant, 335613, Federal Grant - Community Mental	163833
Health Subsidy, 335614, Mental Health Block Grant, 335615,	163834
Behavioral Health Care, 335618, Substance Abuse Block Grant,	163835
335623, Statewide Treatment and Prevention, 335629, Problem	163836
Gambling and Casino Addictions, 335638, Race to the Top - Early	163837
Learning Challenge Grant, 335900, Indigent Drivers Alcohol	163838
Treatment, 336601, Office of Support Services, 652609, Medicaid	163839
Legacy Costs Support, 652635, Community Medicaid Legacy Costs, and	163840
652636, Community Medicaid Legacy Support, may be used to pay for	163841
the Department and community mental health system functions that	163842
operate under the confidentiality provisions enumerated above.	163843

Section 327.20.30. Effective July 1, 2013, the Director of	163844
Mental Health and Addiction Services may adopt rules pursuant to	163845
Chapter 119. of the Revised Code governing licensure and operation	163846
of residential facilities, that include procedures for conducting	163847
criminal records checks for operators, employees, and volunteers	163848
who have direct access to facility residents.	163849

Portions of appropriation items 334506, Court Costs, 335406,	163850
Prevention and Wellness, 335421, Continuum of Care Services,	163851
335614, Mental Health Block Grant, 335506, Residential State	163852
Supplement, 335615, Behavioral Health Care, 335618, Substance	163853
Abuse Block Grant, 335623, Statewide Treatment and Prevention, and	163854
335900, Indigent Drivers Alcohol Treatment, may be used to pay for	163855
these regulated activities.	163856

Section 327.20.40. Effective July 1, 2013, to the extent	163857
funds are available and on application of boards of alcohol, drug	163858
addiction, and mental health services, the Director of Mental	163859
Health and Addiction Services may approve state reimbursement of,	163860
or state grants for, community construction programs, including	163861
residential housing for severely mentally disabled persons and	163862
persons with substance use disorders. The Director may also	163863
approve an application for reimbursement or a grant for such	163864
programs submitted by other governmental entities or by private,	163865
nonprofit organizations after the board of alcohol, drug	163866
addiction, and mental health services has reviewed and approved	163867
the application and the application is consistent with the plan,	163868
budget, and statement of services submitted to and approved by the	163869
Department. The Director shall adopt rules in accordance with	163870
Chapter 119. of the Revised Code that specify procedures for	163871
applying for state reimbursement and for state grants for	163872
community construction programs, including residential housing for	163873
severely mentally disabled persons and persons with substance use	163874
disorders.	163875

Portions of appropriation item 335616, Community Capital	163876
Replacement, may be used to pay for the Department functions	163877
enumerated above.	163878

Section 327.20.50. Effective July 1, 2013, the Department of	163879
Mental Health and Addiction Services shall collect information	163880
about services delivered and persons served as required for	163881
reporting and evaluation relating to state and federal funds	163882
expended for such purposes. No alcohol, drug addiction, or mental	163883
health program, agency, or services provider shall fail to supply	163884
statistics or other information within its knowledge and with	163885
respect to its programs or services upon the request of the	163886
department.	163887

Portions of appropriation items 333321, Central	163888
Administration, 333609 Central Office Operating, 333606,	163889
Demonstration Grants - Administration, 333612, Social Services	163890
Block Grant - Administration, 333613, Federal Grants -	163891
Administration, 333614, Mental Health Block Grant -	163892
Administration, 333618, Substance Abuse Block Grant -	163893
Administration, 333623, Statewide Treatment and Prevention -	163894
Administration, 333629, Problem Gambling and Casino Addictions -	163895
Administration, 333608, Federal Miscellaneous - Administration,	163896
333641, Problem Gambling Services - Administration, 335406,	163897
Prevention and Wellness, 335421, Continuum of Care Services,	163898
335422, Criminal Justice Services, 335604, Community Mental Health	163899
Projects, 335606, Demonstration Grants, 335612, Social Services	163900
Block Grant, 335613, Federal Grant - Community Mental Health	163901
Subsidy, 335614, Mental Health Block Grant, 335615, Behavioral	163902
Health Care, 335618, Substance Abuse Block Grant, 335623,	163903
Statewide Treatment and Prevention, 335629, Problem Gambling and	163904
Casino Addictions, 335638, Race to the Top - Early Learning	163905
Challenge Grant, and 335900, Indigent Drivers Alcohol Treatment,	163906
652609, Medicaid Legacy Costs Support, and 652636, Community	163907
Medicaid Legacy Support, may be used to pay for the Department	163908
information collection and reporting functions enumerated above.	163909

Section 327.20.60. The Department of Mental Health and	163910
Addiction Services shall administer specified Medicaid services as	163911
delegated by the State's single agency responsible for the	163912
Medicaid program. Effective July 1, 2013, the Department shall use	163913
appropriation item 652507, Medicaid Support, to fund the	163914
Medicaid-related services and supports performed by the	163915
Department.	163916

Section 327.30. RESIDENT TRAINEES

163917

The foregoing appropriation item 333402, Resident Trainees,	163918
shall be used to fund training agreements entered into by the	163919
Director of Mental Health and Addiction Services for the	163920
development of curricula and the provision of training programs to	163921
support public mental health services.	163922

Section 327.40. LEASE-RENTAL PAYMENTS

163923

The foregoing appropriation item 333415, Lease-Rental	163924
Payments, shall be used to meet all payments at the times they are	163925
required to be made during the period from July 1, 2013, through	163926
June 30, 2015, by the Department of Mental Health and Addiction	163927
Services under leases and agreements made under section 154.20 of	163928
the Revised Code. These appropriations are the source of funds	163929
pledged for bond service charges on obligations issued pursuant to	163930
Chapter 154. of the Revised Code.	163931

Section 327.50. HOSPITAL SERVICES

163932

The foregoing appropriation item 334412, Hospital Services,	163933
shall be used for the operation of the State Regional Psychiatric	163934
Hospitals, including, but not limited to, all aspects involving	163935
civil and forensic commitment, treatment, and discharge as	163936
determined by the Director of Mental Health and Addiction	163937
Services. A portion of this appropriation may be used by the	163938
Department of Mental Health and Addiction Services to create,	163939
purchase, or contract for the custody, supervision, control, and	163940
treatment of persons committed to the Department of Mental Health	163941
and Addiction Services in other clinically appropriate	163942
environments, consistent with public safety.	163943

Section 327.60. CONTINUUM OF CARE SERVICES

163944

The foregoing appropriation item 335421, Continuum of Care	163945
Services, shall be used as follows:	163946

(A) A portion of this appropriation shall be allocated to	163947
community alcohol, drug addiction, and mental health services	163948
boards in accordance with a distribution methodology determined by	163949
the Director of Mental Health and Addiction Services:	163950

(1) For the boards to purchase mental health and addiction	163951
services permitted under Chapter 340. of the Revised Code;	163952

(2) To provide subsidized support for psychotropic medication	163953
needs of indigent citizens in the community to reduce unnecessary	163954
hospitalization due to lack of medication; and	163955

(3) To provide subsidized support for medication assisted	163956
treatment costs.	163957

(B) A portion of this appropriation may be distributed to	163958
community alcohol, drug addiction, and mental health services	163959
boards, community addiction and/or mental health services	163960
providers, courts, or other governmental entities to provide	163961
specific grants in support of mental health and addiction services	163962
initiatives.	163963

(C) $665,196 shall be allocated to The Ohio State University	163964
STAR House in each fiscal year.	163965

Section 327.70. CRIMINAL JUSTICE SERVICES

163966

The foregoing appropriation item 335422, Criminal Justice	163967
Services, shall be used to provide forensic psychiatric	163968
evaluations to courts of common pleas and to conduct evaluations	163969
of patients of forensic status in facilities operated or	163970
designated by the Department of Mental Health and Addiction	163971
Services prior to conditional release to the community. A portion	163972
of this appropriation may be allocated through community alcohol,	163973
drug addiction, and mental health services boards to community	163974
addiction and/or mental health services providers in accordance	163975
with a distribution methodology as determined by the Director of	163976
Mental Health and Addiction Services.	163977

Appropriation item 335422, Criminal Justice Services, may	163978
also be used to:	163979

(A) Provide forensic monitoring and tracking of individuals	163980
on conditional release;	163981

(B) Provide forensic training;

163982

(C) Support projects that assist courts and law enforcement	163983
to identify and develop appropriate alternative services to	163984
incarceration for nonviolent mentally ill offenders;	163985

(D) Provide specialized re-entry services to offenders	163986
leaving prisons and jails;	163987

(E) Provide specific grants in support of addiction services	163988
alternatives to incarceration;	163989

(F) Support specialty dockets; and

163990

(G) Support therapeutic communities.

163991

Section 327.80. COMMUNITY INNOVATIONS

163992

Of the foregoing appropriation item 335504, Community	163993
Innovations, $5,000,000 in fiscal year 2014 shall be used to	163994
support the pilot program established under the section of this	163995
act entitled "ADDICTION TREATMENT PILOT PROGRAM." Of the	163996
$5,000,000 allocated for the pilot program, the Department of	163997
Mental Health and Addiction Services shall receive an amount of	163998
not more than five per cent for an administrative fee.	163999

The foregoing appropriation item 335504, Community	164000
Innovations, may be used by the Department of Mental Health and	164001
Addiction Services to make targeted investments in programs,	164002
projects, or systems operated by or under the authority of other	164003
state agencies, governmental entities, or private not-for-profit	164004
agencies that impact, or are impacted by, the operations and	164005
functions of the Department, with the goal of achieving a net	164006
reduction in expenditure of state general revenue funds and/or	164007
improved outcomes for Ohio citizens without a net increase in	164008
state general revenue fund spending.	164009

The Director shall identify and evaluate programs, projects,	164010
or systems proposed or operated, in whole or in part, outside of	164011
the authority of the Department, where targeted investment of	164012
these funds in the program, project, or system is expected to	164013
decrease demand for the Department or other resources funded with	164014
state general revenue funds, and/or to measurably improve outcomes	164015
for Ohio citizens with mental illness or with alcohol, drug, or	164016
gambling addictions. The Director shall have discretion to	164017
transfer money from the appropriation item to other state	164018
agencies, governmental entities, or private not-for-profit	164019
agencies in amounts, and subject to conditions, that the Director	164020
determines most likely to achieve state savings and/or improved	164021
outcomes. Distribution of moneys from this appropriation item	164022
shall not be subject to sections 9.23 to 9.239 or Chapter 125. of	164023
the Revised Code.	164024

The Department shall enter into an agreement with each	164025
recipient of community innovation funds, identifying: allowable	164026
expenditure of the funds; other commitment of funds or other	164027
resources to the program, project, or system; expected state	164028
savings and/or improved outcomes and proposed mechanisms for	164029
measurement of such savings or outcomes; and required reporting	164030
regarding expenditure of funds and savings or outcomes achieved.	164031

The foregoing appropriation item 335504, Community	164032
Innovations, may also be used by the Department to make payments	164033
to the Opportunities for Ohioans with Disabilities Agency for	164034
vocational rehabilitation services to individuals receiving mental	164035
health or addiction services paid for with public dollars.	164036

Section 327.83. COMMUNITY BEHAVIORAL HEALTH

164037

Of the foregoing appropriation item 335507, Community	164038
Behavioral Health, $30,000,000 in each fiscal year shall be	164039
allocated to community alcohol, drug addiction, and mental health	164040
services boards to provide mental health services.	164041

Of the foregoing appropriation item 335507, Community	164042
Behavioral Health, $17,500,000 in each fiscal year shall be	164043
allocated to community alcohol, drug addiction, and mental health	164044
services boards to be used for addiction services including	164045
medication, treatment programs, and counseling.	164046

Section 327.90. COMMUNITY OPERATING/PLANNING

164047

Appropriation item 335609, Community Operating/Planning, may	164048
be used by the Department of Mental Health and Addiction Services	164049
to make payments to the Opportunities for Ohioans with	164050
Disabilities Agency for vocational rehabilitation services to	164051
individuals receiving mental health or addiction services paid for	164052
with public dollars.	164053

In addition, appropriation item 335609, Community	164054
Operating/Planning, may be used by the Department to make	164055
incentive payments to operators of residential facilities that are	164056
licensed by the Department of Mental Health and Addiction Services	164057
and provide accommodations and personal care services for one or	164058
two unrelated adults or accommodations, supervision, and personal	164059
care services for three to sixteen unrelated adults. The incentive	164060
payments shall be granted based upon operators demonstrating	164061
linkage between their facilities' residents and community	164062
resources, based on the residents' needs including, but not	164063
limited to, aged, mental health, and physical health issues. The	164064
financial incentive shall be used to support community living for	164065
individuals with a disability or who are aged, and to assist with	164066
costs arising from facility operations.	164067

Appropriation item 335609, Community Operating/Planning, may	164068
also be used by the Department to support non-Medicaid program	164069
costs for individuals moving into community settings.	164070

Section 327.93. PROBLEM GAMBLING AND CASINO ADDICTIONS

164071

A portion of appropriation item 335629, Problem Gambling and	164072
Casino Addictions, shall be allocated to boards of alcohol, drug	164073
addiction, and mental health services in accordance with a	164074
distribution methodology determined by the Director of Mental	164075
Health and Addiction Services.	164076

Section 327.100. RESIDENTIAL STATE SUPPLEMENT

164077

(A) As used in this section:

164078

(1) "Residential facility" means a facility licensed by the	164079
Department of Mental Health and Addiction Services under section	164080
5119.34 of the Revised Code.	164081

(2) "Residential care facility" means a facility licensed by	164082
the Director of Health under Chapter 3721. of the Revised Code or	164083
by a political subdivision certified under section 3721.09 of the	164084
Revised Code.	164085

(B) The foregoing appropriation item 335506, Residential	164086
State Supplement, may be used by the Department of Mental Health	164087
and Addiction Services to provide training for residential	164088
facilities providing accommodations, supervision, and personal	164089
care services to three to sixteen unrelated adults with mental	164090
illness, to transfer cash to the Nursing Home Franchise Permit Fee	164091
Fund (Fund 5R20) used by the Department of Job and Family	164092
Services, and to make benefit payments to residential state	164093
supplement recipients.	164094

(C) Under the Residential State Supplement Program, the	164095
amount used to determine whether a resident is eligible for	164096
payment, and for determining the amount per month the eligible	164097
resident will receive, shall be as follows:	164098

(1) $927 for a residential care facility;

164099

(2) $927 for a residential facility that provides	164100
accommodations, supervision, and personal care services for six to	164101
sixteen unrelated adults as described in section 5119.34 of the	164102
Revised Code;	164103

(3) $824 for a residential facility that provides	164104
accommodations, supervision, and personal care services for one or	164105
two unrelated adults as described in division (A)(9)(b)(ii) of	164106
section 5119.34 of the Revised Code;	164107

(4) $824 for a residential facility providing accommodations,	164108
supervision, and personal care services to three to five unrelated	164109
adults, as described in section 5119.34 of the Revised Code;	164110

(5) $824 for a residential facility that provides	164111
accommodations, supervision, and personal care services for one or	164112
two unrelated persons with mental illness or persons with severe	164113
mental disabilities who are referred by or are receiving mental	164114
health services from a community mental health services provider	164115
or a hospital, as described in division (A)(9)(b)(i) of section	164116
5119.34 of the Revised Code;	164117

(6) $618 for community mental health housing services, as	164118
described in division (D)(1)(c) of section 5119.41 of the Revised	164119
Code.	164120

The Department of Mental Health and Addiction Services shall	164121
reflect these amounts in any applicable rules the Department	164122
adopts under section 5119.41 of the Revised Code.	164123

(D) The Department of Mental Health and Addiction Services	164124
shall, with the input of stakeholders and impacted state agencies,	164125
conduct a review of the state and federal rules and statutes	164126
governing the Residential State Supplement Program and report on	164127
potential improvements to be made in governing the program not	164128
later than January 1, 2014.	164129

Section 327.110. FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING	164130
POOL	164131

A county family and children first council may establish and	164132
operate a flexible funding pool in order to assure access to	164133
needed services by families, children, and older adults in need of	164134
protective services. The operation of the flexible funding pools	164135
shall be subject to the following restrictions:	164136

(A) The county council shall establish and operate the	164137
flexible funding pool in accordance with formal guidance issued by	164138
the Family and Children First Cabinet Council;	164139

(B) The county council shall produce an annual report on its	164140
use of the pooled funds. The annual report shall conform to a	164141
format prescribed in the formal guidance issued by the Family and	164142
Children First Cabinet Council;	164143

(C) Unless otherwise restricted, funds transferred to the	164144
flexible funding pool may include state general revenues allocated	164145
to local entities to support the provision of services to families	164146
and children;	164147

(D) The amounts transferred to the flexible funding pool	164148
shall be limited to amounts that can be redirected without	164149
impairing the achievement of the objectives for which the initial	164150
allocation is designated; and	164151

(E) Each amount transferred to the flexible funding pool from	164152
a specific allocation shall be approved for transfer by the	164153
director of the local agency that was the original recipient of	164154
the allocation.	164155

Section 327.120. ADDICTION TREATMENT PILOT PROGRAM

164156

(A) As used in this section:

164157

(1) "Certified drug court program" means a session of any of	164158
the following that holds initial or final certification from the	164159
Supreme Court of Ohio as a specialized docket program for drugs: a	164160
common pleas court, municipal court, or county court or a division	164161
of any of those courts.	164162

(2) "Prescriber" has the same meaning as in section 4729.01	164163
of the Revised Code.	164164

(B)(1) The Department of Mental Health and Addiction Services	164165
shall conduct a pilot program to provide addiction treatment,	164166
including medication-assisted treatment, to persons who are	164167
offenders within the criminal justice system, eligible to	164168
participate in a certified drug court program, and selected under	164169
this section to be participants in the pilot program because of	164170
their dependence on opioids, alcohol, or both.	164171

(2) The Department shall conduct the pilot program in the	164172
courts of Crawford, Franklin, Hardin, Mercer, and Scioto counties	164173
that are conducting certified drug court programs. If in any these	164174
counties there is no court conducting a certified drug court	164175
program, the Department shall conduct the pilot program in a court	164176
that is conducting a certified drug court program in another	164177
county.	164178

(3) In addition to courts of the counties listed in division	164179
(B)(2) of this section, the Department may conduct the pilot	164180
program in any court that is conducting a certified drug court	164181
program.	164182

(C) In conducting the pilot program, the Department shall	164183
collaborate with the Supreme Court, Department of Rehabilitation	164184
and Correction, and any other state agency that it determines may	164185
be of assistance in accomplishing the objectives of the pilot	164186
program. In addition, the Department may collaborate with the	164187
boards of alcohol, drug addiction, and mental health services that	164188
serve the counties in which the courts participating in the pilot	164189
program are located.	164190

(D) Not later than sixty days after the effective date of	164191
this section, the Department shall select a nationally recognized	164192
criminal justice research institute with extensive experience in	164193
the evaluation of criminal justice and substance abuse projects to	164194
develop an evaluation plan for the pilot program. The evaluation	164195
plan shall include performance measures that reflect the purpose	164196
of the pilot program, which is to assist participants in	164197
addressing their dependence on opioids, alcohol, or both, by	164198
maintaining abstinence from the use of those substances and	164199
reducing recidivism.	164200

(E) Before any person may be enrolled as a participant in the	164201
pilot program, the evaluation plan developed by the research	164202
institute shall be put into place with each of the certified drug	164203
court programs included in the pilot program and the addiction	164204
services providers that will provide treatment to the	164205
participants.	164206

Once the evaluation plan has been put into place, the	164207
certified drug court programs shall select persons who are	164208
offenders within the criminal justice system to be participants in	164209
the pilot program. To be selected, a person must meet the legal	164210
and clinical eligibility criteria for the certified drug court	164211
program and be an active participant in the program. The total	164212
number of persons participating in the pilot program at any one	164213
time shall not exceed five hundred, except that the Department may	164214
authorize the maximum number to be exceeded in circumstances that	164215
the Department considers appropriate.	164216

After being enrolled in the pilot program, a participant	164217
shall comply with all requirements of the certified drug court	164218
program.	164219

(F) Treatment may be provided under the pilot program only by	164220
a community addiction services provider that is certified under	164221
section 5119.36 of the Revised Code. In serving as a treatment	164222
provider, a community addiction services provider shall do all of	164223
the following:	164224

(1) Provide treatment based on an integrated service delivery	164225
model that consists of the coordination of care between a	164226
prescriber and the addiction services provider;	164227

(2) Conduct professional, comprehensive substance abuse and	164228
mental health diagnostic assessments of persons under	164229
consideration for selection as pilot program participants to	164230
determine whether they would benefit from substance abuse	164231
treatment and monitoring;	164232

(3) Determine, based on the assessments described in division	164233
(F)(2) of this section, the treatment needs of the participants	164234
served by the treatment provider;	164235

(4) Develop, for the participants served by the treatment	164236
provider, individualized goals and objectives;	164237

(5) Provide access to the long-acting antagonist therapies,	164238
partial agonist therapies, or both that are included in the pilot	164239
program's medication-assisted treatment;	164240

(6) Provide other types of therapies, including psychosocial	164241
therapies, for both substance abuse and any disorders that are	164242
considered by the treatment provider to be co-occurring disorders;	164243

(7) Monitor pilot program compliance through the use of	164244
regular drug testing, including urinalysis, of the participants	164245
being served by the treatment provider.	164246

(G) In the case of the medication-assisted treatment provided	164247
under the pilot program, all of the following conditions apply:	164248

(1) A drug may be used only if it has been approved by the	164249
United States Food and Drug Administration for use in treating	164250
dependence on opioids, alcohol, or both or for preventing relapse	164251
into the use of opioids, alcohol, or both.	164252

(2) One or more drugs may be used, but each drug that is used	164253
must constitute long-acting antagonist therapy or partial agonist	164254
therapy.	164255

(3) If a drug constituting partial agonist therapy is used,	164256
the pilot program shall provide safeguards to minimize abuse and	164257
diversion of the drug, including such safeguards as routine drug	164258
testing of the pilot program participants.	164259

(H) The research institute selected by the Department under	164260
division (D) of this section shall prepare a report of the	164261
findings obtained from the pilot program. The report shall include	164262
data derived from the drug testing and performance measures used	164263
in the pilot program. In preparing the report, the research	164264
institute shall obtain assistance from the Department.	164265

Not later than six months after the conclusion of the pilot	164266
program, the research institute shall complete its report. On	164267
completion, the research institute shall submit the report to the	164268
Governor; Chief Justice of the Supreme Court; President of the	164269
Senate; Speaker of the House of Representatives; Department of	164270
Mental Health and Addiction Services and Department of	164271
Rehabilitation and Correction; and any other state agency the	164272
Department of Mental Health and Addiction Services collaborates	164273
with in conducting the pilot program.	164274

Section 329.10. MIH COMMISSION ON MINORITY HEALTH

164275

General Revenue Fund	164276

GRF	149321	Operating Expenses	$	581,490	$	591,615	164277
GRF	149501	Minority Health Grants	$	889,100	$	878,975	164278
GRF	149502	Lupus Program	$	110,047	$	110,047	164279
TOTAL GRF General Revenue Fund			$	1,580,637	$	1,580,637	164280

Federal Special Revenue Fund Group	164281

3J90	149602	Federal Grants	$	140,000	$	140,000	164282
TOTAL FED Federal Special Revenue							164283
Fund Group			$	140,000	$	140,000	164284

State Special Revenue Fund Group	164285

4C20	149601	Minority Health Conference	$	25,000	$	25,000	164286
TOTAL SSR State Special Revenue							164287
Fund Group			$	25,000	$	25,000	164288
TOTAL ALL BUDGET FUND GROUPS			$	1,745,637	$	1,745,637	164289

Section 331.10. CRB MOTOR VEHICLE REPAIR BOARD

164291

General Services Fund Group	164292

4K90	865601	Operating Expenses	$	487,592	$	484,292	164293
TOTAL GSF General Services							164294
Fund Group			$	487,592	$	484,292	164295
TOTAL ALL BUDGET FUND GROUPS			$	487,592	$	484,292	164296

Section 333.10. DNR DEPARTMENT OF NATURAL RESOURCES

164298

General Revenue Fund	164299

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	164300
GRF	725413	Lease Rental Payments	$	21,622,900	$	23,943,400	164301
GRF	725456	Canal Lands	$	135,000	$	135,000	164302
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	164303
GRF	725505	Healthy Lake Erie Fund	$	650,000	$	500,000	164304
GRF	725507	Coal and Mine Safety Program	$	2,500,000	$	2,500,000	164305
GRF	725903	Natural Resources General Obligation Debt Service	$	24,325,400	$	25,443,000	164306
GRF	727321	Division of Forestry	$	4,392,002	$	4,392,001	164307
GRF	729321	Office of Information Technology	$	177,405	$	177,405	164308
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	164309
GRF	736321	Division of Engineering	$	2,279,115	$	2,324,736	164310
GRF	737321	Division of Soil and Water Resources	$	4,782,704	$	4,782,652	164311
GRF	738321	Division of Real Estate and Land Management	$	715,963	$	670,342	164312
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	164313
TOTAL GRF General Revenue Fund			$	97,480,489	$	100,768,536	164314

General Services Fund Group	164315

1550	725601	Departmental Projects	$	2,109,968	$	1,839,204	164316
1570	725651	Central Support Indirect	$	4,609,154	$	4,671,566	164317
2040	725687	Information Services	$	5,179,097	$	5,288,168	164318
2050	725696	Human Resource Direct Service	$	2,474,345	$	2,526,662	164319
2070	725690	Real Estate Services	$	50,000	$	50,000	164320
2230	725665	Law Enforcement Administration	$	2,126,432	$	2,126,432	164321
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	164322
4300	725671	Canal Lands	$	883,879	$	883,879	164323
4S90	725622	NatureWorks Personnel	$	404,657	$	412,570	164324
4X80	725662	Water Resources Council	$	138,005	$	138,005	164325
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	164326
5160	725620	Water Management	$	2,559,292	$	2,559,292	164327
6350	725664	Fountain Square Facilities Management	$	3,329,935	$	3,346,259	164328
6970	725670	Submerged Lands	$	852,982	$	869,145	164329
TOTAL GSF General Services							164330
Fund Group			$	25,457,857	$	25,451,293	164331

Federal Special Revenue Fund Group	164332

3320	725669	Federal Mine Safety Grant	$	265,000	$	265,000	164333
3B30	725640	Federal Forest Pass-Thru	$	500,000	$	500,000	164334
3B40	725641	Federal Flood Pass-Thru	$	500,000	$	500,000	164335
3B50	725645	Federal Abandoned Mine Lands	$	11,851,759	$	11,851,759	164336
3B60	725653	Federal Land and Water Conservation Grants	$	950,000	$	950,000	164337
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	164338
3P10	725632	Geological Survey - Federal	$	933,448	$	557,146	164339
3P20	725642	Oil and Gas - Federal	$	234,509	$	234,509	164340
3P30	725650	Coastal Management - Federal	$	2,790,633	$	2,790,633	164341
3P40	725660	Federal - Soil and Water Resources	$	969,190	$	1,006,874	164342
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	4,342,280	$	4,342,280	164343
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	164344
TOTAL FED Federal Special Revenue							164345
Fund Group			$	28,386,819	$	28,048,201	164346

State Special Revenue Fund Group	164347

4J20	725628	Injection Well Review	$	128,466	$	128,466	164348
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	164349
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	164350
5090	725602	State Forest	$	6,873,330	$	6,880,158	164351
5110	725646	Ohio Geological Mapping	$	1,220,690	$	1,993,519	164352
5120	725605	State Parks Operations	$	29,654,880	$	29,671,044	164353
5140	725606	Lake Erie Shoreline	$	1,559,583	$	1,559,583	164354
5180	725643	Oil and Gas Permit Fees	$	12,812,311	$	13,140,201	164355
5180	725677	Oil and Gas Well Plugging	$	1,500,000	$	1,500,000	164356
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	164357
5220	725656	Natural Areas and Preserves	$	546,639	$	546,639	164358
5260	725610	Strip Mining Administration Fee	$	1,800,000	$	1,800,000	164359
5270	725637	Surface Mining Administration	$	1,941,532	$	1,941,532	164360
5290	725639	Unreclaimed Land Fund	$	1,804,180	$	1,804,180	164361
5310	725648	Reclamation Forfeiture	$	500,000	$	500,000	164362
5B30	725674	Mining Regulation	$	28,135	$	28,135	164363
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	164364
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	164365
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	164366
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	164367
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	164368
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	164369
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	164370
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	164371
5MF0	725635	Ohio Geology License Plate	$	7,500	$	7,500	164372
5MW0	725604	Natural Resources Special Purposes	$	10,163,812	$	6,165,162	164373
6150	725661	Dam Safety	$	943,517	$	943,517	164374
TOTAL SSR State Special Revenue							164375
Fund Group			$	80,129,565	$	77,254,626	164376

Clean Ohio Conservation Fund Group	164377

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		164378
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		164379

Wildlife Fund Group	164380

5P20	725634	Wildlife Boater Angler Administration	$	3,000,000	$	3,000,000	164381
7015	740401	Division of Wildlife Conservation	$	56,466,564	$	57,075,976	164382
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	164383
8160	725649	Wetlands Habitat	$	966,885	$	966,885	164384
8170	725655	Wildlife Conservation Checkoff Fund	$	2,000,000	$	2,000,000	164385
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	164386
8190	725685	Ohio River Management	$	203,584	$	203,584	164387
81B0	725688	Wildlife Habitat Fund	$	1,200,000	$	1,200,000	164388
TOTAL WLF Wildlife Fund Group			$	65,457,482	$	66,066,894	164389

Waterways Safety Fund Group	164390

7086	725414	Waterways Improvement	$	5,693,671	$	5,693,671	164391
7086	725418	Buoy Placement	$	52,182	$	52,182	164392
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	164393
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	164394
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	164395
7086	739401	Division of Watercraft	$	19,467,370	$	19,297,370	164396
TOTAL WSF Waterways Safety Fund							164397
Group			$	26,276,019	$	26,106,019	164398

Accrued Leave Liability Fund Group	164399

4M80	725675	FOP Contract	$	20,219	$	20,219	164400
TOTAL ALF Accrued Leave							164401
Liability Fund Group			$	20,219	$	20,219	164402

Holding Account Redistribution Fund Group	164403

R017	725659	Performance Cash Bond Refunds	$	496,263	$	496,263	164404
R043	725624	Forestry	$	2,100,000	$	2,100,000	164405
TOTAL 090 Holding Account							164406
Redistribution Fund Group			$	2,596,263	$	2,596,263	164407
TOTAL ALL BUDGET FUND GROUPS			$	326,105,488	$	326,612,826	164408

Section 333.20. CENTRAL SUPPORT INDIRECT

164410

With the exception of the Division of Wildlife, whose direct	164411
and indirect central support charges shall be paid out of the	164412
General Revenue Fund from the foregoing appropriation item 725401,	164413
Wildlife-GRF Central Support, the Department of Natural Resources,	164414
with approval of the Director of Budget and Management, shall	164415
utilize a methodology for determining each division's payments	164416
into the Central Support Indirect Fund (Fund 1570). The	164417
methodology used shall contain the characteristics of	164418
administrative ease and uniform application in compliance with	164419
federal grant requirements. It may include direct cost charges for	164420
specific services provided. Payments to Fund 1570 shall be made	164421
using an intrastate transfer voucher.	164422

Section 333.30. LEASE RENTAL PAYMENTS

164423

The foregoing appropriation item 725413, Lease Rental	164424
Payments, shall be used to meet all payments at the times they are	164425
required to be made during the period from July 1, 2013, through	164426
June 30, 2015, by the Department of Natural Resources pursuant to	164427
leases and agreements made under section 154.22 of the Revised	164428
Code. These appropriations are the source of funds pledged for	164429
bond service charges on related obligations issued under Chapter	164430
154. of the Revised Code.	164431

CANAL LANDS

164432

The foregoing appropriation item 725456, Canal Lands, shall	164433
be used to provide operating expenses for the State Canal Lands	164434
Program.	164435

HEALTHY LAKE ERIE FUND

164436

The foregoing appropriation item 725505, Healthy Lake Erie	164437
Fund, shall be used by the Director of Natural Resources, in	164438
consultation with the Director of Agriculture and the Director of	164439
Environmental Protection, to implement nonstatutory	164440
recommendations of the Agriculture Nutrients and Water Quality	164441
Working Group. The Director shall give priority to recommendations	164442
that encourage farmers to adopt agricultural production guidelines	164443
commonly known as 4R nutrient stewardship practices. Funds may	164444
also be used for enhanced soil testing in the Western Lake Erie	164445
Basin, monitoring the quality of Lake Erie and its tributaries,	164446
and conducting research and establishing pilot projects that have	164447
the goal of reducing algae blooms in Lake Erie.	164448

COAL AND MINE SAFETY PROGRAM

164449

The foregoing appropriation item 725507, Coal and Mine Safety	164450
Program, shall be used for the administration of the Mine Safety	164451
Program and the Coal Regulation Program.	164452

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

164453

The foregoing appropriation item 725903, Natural Resources	164454
General Obligation Debt Service, shall be used to pay all debt	164455
service and related financing costs during the period July 1,	164456
2013, through June 30, 2015, on obligations issued under sections	164457
151.01 and 151.05 of the Revised Code.	164458

Section 333.40. WELL LOG FILING FEES

164459

The Chief of the Division of Soil and Water Resources shall	164460
deposit fees forwarded to the Division pursuant to section 1521.05	164461
of the Revised Code into the Departmental Services – Intrastate	164462
Fund (Fund 1550) for the purposes described in that section.	164463

CRANBERRY BOG PRESERVATION

164464

Of the foregoing appropriation item 725601, Departmental	164465
Projects, $12,450 in fiscal year 2014 shall be used for the	164466
Greater Buckeye Lake Historical Society to preserve the Cranberry	164467
Bog.	164468

Section 333.50. HUMAN RESOURCES DIRECT SERVICE

164469

The foregoing appropriation item 725696, Human Resources	164470
Direct Service, shall be used to cover the cost of support,	164471
coordination, and oversight of the Department of Natural	164472
Resources' human resources functions. The Human Resources	164473
Chargeback Fund (Fund 2050) shall consist of cash transferred to	164474
it via intrastate transfer voucher from other funds as determined	164475
by the Director of Natural Resources and the Director of Budget	164476
and Management.	164477

Section 333.60. LAW ENFORCEMENT ADMINISTRATION

164478

The foregoing appropriation item 725665, Law Enforcement	164479
Administration, shall be used to cover the cost of support,	164480
coordination, and oversight of the Department of Natural	164481
Resources' law enforcement functions. The Law Enforcement	164482
Administration Fund (Fund 2230) shall consist of cash transferred	164483
to it via intrastate transfer voucher from other funds as	164484
determined by the Director of Natural Resources and the Director	164485
of Budget and Management.	164486

Section 333.70. FOUNTAIN SQUARE AND ODNR GROUNDS AT THE OHIO	164487
EXPO CENTER	164488

The foregoing appropriation item 725664, Fountain Square	164489
Facilities Management, shall be used for payment of repairs,	164490
renovation, utilities, property management, and building	164491
maintenance expenses for the Fountain Square complex and the	164492
Department of Natural Resources grounds at the Ohio Expo Center.	164493
Cash transferred by intrastate transfer vouchers from various	164494
department funds and rental income received by the Department of	164495
Natural Resources shall be deposited into the Fountain Square	164496
Facilities Management Fund (Fund 6350).	164497

Section 333.80. SOIL AND WATER DISTRICTS

164498

In addition to state payments to soil and water conservation	164499
districts authorized by section 1515.10 of the Revised Code, the	164500
Department of Natural Resources may use appropriation item 725683,	164501
Soil and Water Districts, to pay any soil and water conservation	164502
district an annual amount not to exceed $40,000, upon receipt of a	164503
request and justification from the district and approval by the	164504
Ohio Soil and Water Conservation Commission. The county auditor	164505
shall credit the payments to the special fund established under	164506
section 1515.10 of the Revised Code for the local soil and water	164507
conservation district. Moneys received by each district shall be	164508
expended for the purposes of the district.	164509

OIL AND GAS WELL PLUGGING

164510

The foregoing appropriation item 725677, Oil and Gas Well	164511
Plugging, shall be used exclusively for the purposes of plugging	164512
wells and to properly restore the land surface of idle and orphan	164513
oil and gas wells pursuant to section 1509.071 of the Revised	164514
Code. No funds from the appropriation item shall be used for	164515
salaries, maintenance, equipment, or other administrative	164516
purposes, except for those costs directly attributed to the	164517
plugging of an idle or orphan well. This appropriation item shall	164518
not be used to transfer cash to any other fund or appropriation	164519
item.	164520

TRANSFER OF FUNDS FOR OIL AND GAS DIVISION OPERATIONS

164521

During fiscal years 2014 and 2015, the Director of Budget and	164522
Management may, in consultation with the Director of Natural	164523
Resources, transfer such cash as necessary from the General	164524
Revenue Fund to the Oil and Gas Well Fund (Fund 5180) for handling	164525
the increased regulatory work related to the expansion of the oil	164526
and gas program that will occur before receipts from this activity	164527
are deposited into Fund 5180. Once funds from severance taxes,	164528
application and permitting fees, and other sources have accrued to	164529
Fund 5180 in such amounts as are considered sufficient to sustain	164530
expanded operations, the Director of Budget and Management, in	164531
consultation with the Director of Natural Resources, shall	164532
establish a schedule for repaying the transferred funds from Fund	164533
5180 to the General Revenue Fund.	164534

NATURAL RESOURCES SPECIAL PURPOSES

164535

Of the foregoing appropriation item 725604, Natural Resources	164536
Special Purposes, up to $2,100,000 in fiscal year 2014 shall be	164537
used for the construction or acquisition of a treatment train	164538
process at an Ohio inland lake, and up to $1,800,000 in fiscal	164539
year 2014 shall be used for the purchase of two sweeper dredges	164540
for use at Ohio inland lakes, and $263,812 in fiscal year 2014 and	164541
$165,162 in fiscal year 2015 shall be used for the operation of	164542
the dredges purchased under this section.	164543

Section 333.90. CLEAN OHIO OPERATING EXPENSES

164544

The foregoing appropriation item 725405, Clean Ohio	164545
Operating, shall be used by the Department of Natural Resources in	164546
administering Clean Ohio Trail Fund (Fund 7061) projects pursuant	164547
to section 1519.05 of the Revised Code.	164548

Section 333.100. WATERCRAFT MARINE PATROL

164549

Of the foregoing appropriation item 739401, Division of	164550
Watercraft, up to $200,000 in each fiscal year shall be expended	164551
for the purchase of equipment for marine patrols qualifying for	164552
funding from the Department of Natural Resources pursuant to	164553
section 1547.67 of the Revised Code. Proposals for equipment shall	164554
accompany the submission of documentation for receipt of a marine	164555
patrol subsidy pursuant to section 1547.67 of the Revised Code and	164556
shall be loaned to eligible marine patrols pursuant to a	164557
cooperative agreement between the Department of Natural Resources	164558
and the eligible marine patrol.	164559

Section 333.110. PARKS CAPITAL EXPENSES FUND

164560

The Director of Natural Resources shall submit to the	164561
Director of Budget and Management the estimated design,	164562
engineering, and planning costs of capital-related work to be done	164563
by Department of Natural Resources staff for parks projects within	164564
the Ohio Parks and Recreation Improvement Fund (Fund 7035). If the	164565
Director of Budget and Management approves the estimated costs,	164566
the Director may release appropriations from appropriation item	164567
C725E6, Project Planning, Fund 7035, for those purposes. Upon	164568
release of the appropriations, the Department of Natural Resources	164569
shall pay for these expenses from the Parks Capital Expenses Fund	164570
(Fund 2270). Expenses paid from Fund 2270 shall be reimbursed by	164571
Fund 7035 using an intrastate transfer voucher.	164572

NATUREWORKS CAPITAL EXPENSES FUND

164573

The Department of Natural Resources shall periodically	164574
prepare and submit to the Director of Budget and Management the	164575
estimated design, planning, and engineering costs of	164576
capital-related work to be done by Department of Natural Resources	164577
staff for each capital improvement project within the Ohio Parks	164578
and Natural Resources Fund (Fund 7031). If the Director of Budget	164579
and Management approves the estimated costs, the Director may	164580
release appropriations from appropriation item C725E5, Project	164581
Planning, in Fund 7031, for those purposes. Upon release of the	164582
appropriations, the Department of Natural Resources shall pay for	164583
these expenses from the Capital Expenses Fund (Fund 4S90).	164584
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by	164585
using an intrastate transfer voucher.	164586

Section 333.120. ELIMINATION OF DORMANT FUNDS

164587

The following funds are hereby abolished and the fund names	164588
and fund numbers shall be stricken from the list of funds falling	164589
within the jurisdiction of the Department of Natural Resources:	164590

Fund Number	Fund Name	164591
1580	Reprint and Replacement - Intrastate	164592
1610	Parks and Recreation Depreciation Reserve	164593
1620	Civilian Conservation Corps Earned Revenues	164594
2060	General Services	164595
5080	Natural Resources Publications and Promotions	164596
5190	Burr Oak Water Plant	164597
5250	Reclamation Forfeiture	164598
5300	Surface Mining Reclamation	164599
8800	Cooperative Boat Harbor Project	164600
4B80	Forestry Development	164601
5F90	Flood Reimbursement	164602
81A0	Wildlife Education	164603
R029	Reclamation Fee	164604
R030	Surface Mining Reclamation Fee	164605
R040	Wildlife Refunds	164606
3280	Federal Special Revenue	164607
3P00	Natural Areas and Preserves - Federal	164608
5K10	Urban Forestry Grant	164609
5150	Conservancy District Organization	164610
6300	Wild Animal	164611
3CH0	Mined Land Set Aside	164612

TRANSFER OF ELIMINATED DORMANT FUNDS

164613

The Watercraft Revolving Loan Fund (Fund 5AW0) is hereby	164614
abolished. Any balance remaining in the fund as of July 1, 2013,	164615
shall be transferred into the Waterways Safety Fund (Fund 7086)	164616
and appropriated to appropriation item 739401, Division of	164617
Watercraft.	164618

The Division of Forestry Law Enforcement Fund (Fund 5EJ0) and	164619
the Division of Natural Areas and Preserves Law Enforcement Fund	164620
(Fund 5EK0) are hereby abolished. Any balance remaining in these	164621
funds as of July 1, 2013, shall be transferred into the Park Law	164622
Enforcement Fund (Fund 5EM0) and appropriated to appropriation	164623
item 725613, Park Law Enforcement.	164624

Section 335.10. NUR STATE BOARD OF NURSING

164625

General Services Fund Group	164626

4K90	884609	Operating Expenses	$	7,181,743	$	7,273,978	164627
5AC0	884602	Nurse Education Grant Program	$	1,373,506	$	1,373,506	164628
5P80	884601	Nursing Special Issues	$	2,000	$	2,000	164629
TOTAL GSF General Services							164630
Fund Group			$	8,557,249	$	8,649,484	164631
TOTAL ALL BUDGET FUND GROUPS			$	8,557,249	$	8,649,484	164632

Section 337.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	164634
AND ATHLETIC TRAINERS BOARD	164635

General Services Fund Group	164636

4K90	890609	Operating Expenses	$	866,169	$	925,897	164637
TOTAL GSF General Services Fund Group			$	866,169	$	925,897	164638
TOTAL ALL BUDGET FUND GROUPS			$	866,169	$	925,897	164639

Section 339.10. OLA OHIOANA LIBRARY ASSOCIATION

164641

General Revenue Fund	164642

GRF	355501	Library Subsidy	$	135,000	$	140,000	164643
TOTAL GRF General Revenue Fund			$	135,000	$	140,000	164644
TOTAL ALL BUDGET FUND GROUPS			$	135,000	$	140,000	164645

Section 340.10. OOD OPPORTUNITIES FOR OHIOANS WITH	164647
DISABILITIES AGENCY	164648

General Revenue Fund	164649

GRF	415402	Independent Living Council	$	252,000	$	252,000	164650
GRF	415406	Assistive Technology	$	26,618	$	26,618	164651
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	164652
GRF	415506	Services for People with Disabilities	$	15,277,885	$	15,277,885	164653
GRF	415508	Services for the Deaf	$	28,000	$	28,000	164654
TOTAL GRF General Revenue Fund			$	15,711,070	$	15,711,070	164655

General Services Fund Group	164656

4670	415609	Business Enterprise Operating Expenses	$	962,538	$	965,481	164657
TOTAL GSF General Services							164658
Fund Group			$	962,538	$	965,481	164659

Federal Special Revenue Fund Group	164660

3170	415620	Disability Determination	$	83,332,186	$	84,641,911	164661
3790	415616	Federal - Vocational Rehabilitation	$	117,431,895	$	113,610,728	164662
3L10	415601	Social Security Personal Care Assistance	$	2,748,451	$	2,752,396	164663
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	164664
3L10	415608	Social Security Special Programs/Assistance	$	445,258	$	498,269	164665
3L40	415612	Federal Independent Living Centers or Services	$	638,431	$	638,431	164666
3L40	415615	Federal - Supported Employment	$	916,727	$	916,727	164667
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	1,548,658	$	1,348,658	164668
TOTAL FED Federal Special							164669
Revenue Fund Group			$	207,833,606	$	205,179,120	164670

State Special Revenue Fund Group	164671

4680	415618	Third Party Funding	$	11,000,000	$	11,000,000	164672
4L10	415619	Services for Rehabilitation	$	3,502,168	$	3,502,168	164673
4W50	415606	Program Management Expenses	$	12,369,751	$	12,594,758	164674
TOTAL SSR State Special							164675
Revenue Fund Group			$	26,871,919	$	27,096,926	164676
TOTAL ALL BUDGET FUND GROUPS			$	251,379,133	$	248,952,597	164677

INDEPENDENT LIVING COUNCIL

164678

The foregoing appropriation item 415402, Independent Living	164679
Council, shall be used to fund the operations of the State	164680
Independent Living Council and to support state independent living	164681
centers and independent living services under Title VII of the	164682
Independent Living Services and Centers for Independent Living of	164683
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	164684
U.S.C. 796d.	164685

Of the foregoing appropriation item 415402, Independent	164686
Living Council, $67,662 in each fiscal year shall be used as state	164687
matching funds for vocational rehabilitation innovation and	164688
expansion activities.	164689

ASSISTIVE TECHNOLOGY

164690

The total amount of the foregoing appropriation item 415406,	164691
Assistive Technology, shall be provided to Assistive Technology of	164692
Ohio to provide grants and assistive technology services for	164693
people with disabilities in the State of Ohio.	164694

OFFICE FOR PEOPLE WITH BRAIN INJURY

164695

The foregoing appropriation item 415431, Office for People	164696
with Brain Injury, shall be provided to The Ohio State University	164697
College of Medicine to support the Brain Injury Program	164698
established under section 3304.23 of the Revised Code.	164699

VOCATIONAL REHABILITATION SERVICES

164700

The foregoing appropriation item 415506, Services for People	164701
with Disabilities, shall be used as state matching funds to	164702
provide vocational rehabilitation services to eligible consumers.	164703

SERVICES FOR THE DEAF

164704

The foregoing appropriation item 415508, Services for the	164705
Deaf, shall be used to provide grants to community centers for the	164706
deaf.	164707

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

164708

The foregoing appropriation item 415617, Independent	164709
Living/Vocational Rehabilitation Programs, shall be used to	164710
support vocational rehabilitation programs.	164711

SOCIAL SECURITY REIMBURSEMENT FUNDS

164712

Reimbursement funds received from the Social Security	164713
Administration, United States Department of Health and Human	164714
Services, for the costs of providing services and training to	164715
return disability recipients to gainful employment shall be	164716
expended from the Social Security Reimbursement Fund (Fund 3L10),	164717
to the extent funds are available, as follows:	164718

(A) Appropriation item 415601, Social Security Personal Care	164719
Assistance, to provide personal care services in accordance with	164720
section 3304.41 of the Revised Code;	164721

(B) Appropriation item 415605, Social Security Community	164722
Centers for the Deaf, to provide grants to community centers for	164723
the deaf in Ohio for services to individuals with hearing	164724
impairments; and	164725

(C) Appropriation item 415608, Social Security Special	164726
Programs/Assistance, to provide vocational rehabilitation services	164727
to individuals with severe disabilities who are Social Security	164728
beneficiaries, to enable them to achieve competitive employment.	164729
This appropriation item shall also be used to pay a portion of	164730
indirect costs of the Personal Care Assistance Program and the	164731
Independent Living Programs as mandated by federal OMB Circular	164732
A-87.	164733

PROGRAM MANAGEMENT EXPENSES

164734

The foregoing appropriation item 415606, Program Management	164735
Expenses, shall be used to support the administrative functions of	164736
the commission related to the provision of vocational	164737
rehabilitation, disability determination services, and ancillary	164738
programs.	164739

Section 341.10. ODB OHIO OPTICAL DISPENSERS BOARD

164740

General Services Fund Group	164741

4K90	894609	Operating Expenses	$	366,000	$	365,000	164742
TOTAL GSF General Services							164743
Fund Group			$	366,000	$	365,000	164744
TOTAL ALL BUDGET FUND GROUPS			$	366,000	$	365,000	164745

Section 343.10. OPT STATE BOARD OF OPTOMETRY

164747

General Services Fund Group	164748

4K90	885609	Operating Expenses	$	347,278	$	347,278	164749
TOTAL GSF General Services							164750
Fund Group			$	347,278	$	347,278	164751
TOTAL ALL BUDGET FUND GROUPS			$	347,278	$	347,278	164752

Section 345.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	164754
AND PEDORTHICS	164755

General Services Fund Group	164756

4K90	973609	Operating Expenses	$	151,417	$	159,982	164757
TOTAL GSF General Services							164758
Fund Group			$	151,417	$	159,982	164759
TOTAL ALL BUDGET FUND GROUPS			$	151,417	$	159,982	164760

Section 347.10. UST PETROLEUM UNDERGROUND STORAGE TANK	164761
RELEASE COMPENSATION BOARD	164762

State Special Revenue Fund Group	164763

6910	810632	PUSTRCB Staff	$	1,233,249	$	1,252,202	164764
TOTAL SSR State Special Revenue							164765
Fund Group			$	1,233,249	$	1,252,202	164766
TOTAL ALL BUDGET FUND GROUPS			$	1,233,249	$	1,252,202	164767

Section 349.10. PRX STATE BOARD OF PHARMACY

164769

General Services Fund Group	164770

4A50	887605	Drug Law Enforcement	$	150,000	$	150,000	164771
4K90	887609	Operating Expenses	$	6,701,285	$	6,701,285	164772
TOTAL GSF General Services Fund Group			$	6,851,285	$	6,851,285	164773

Federal Special Revenue Fund Group	164774

3BC0	887604	Dangerous Drugs Database	$	390,869	$	0	164775
3CT0	887606	2008 Developing/Enhancing PMP	$	224,691	$	112,346	164776
3DV0	887607	Enhancing Ohio's PMP	$	2,000	$	2,000	164777
3EY0	887603	Administration of PMIX Hub	$	66,335	$	0	164778
TOTAL FED Federal Special Revenue Fund Group			$	683,895	$	114,346	164779
TOTAL ALL BUDGET FUND GROUPS			$	7,535,180	$	6,965,631	164780

Section 351.10. PSY STATE BOARD OF PSYCHOLOGY

164782

General Services Fund Group	164783

4K90	882609	Operating Expenses	$	548,000	$	571,000	164784
TOTAL GSF General Services							164785
Fund Group			$	548,000	$	571,000	164786
TOTAL ALL BUDGET FUND GROUPS			$	548,000	$	571,000	164787

Section 353.10. PUB OHIO PUBLIC DEFENDER COMMISSION

164789

General Revenue Fund	164790

GRF	019401	State Legal Defense Services	$	3,020,855	$	3,020,855	164791
GRF	019403	Multi-County: State Share	$	1,237,318	$	1,250,824	164792
GRF	019404	Trumbull County - State Share	$	354,743	$	359,631	164793
GRF	019405	Training Account	$	50,000	$	50,000	164794
GRF	019501	County Reimbursement	$	9,768,050	$	9,885,175	164795
TOTAL GRF General Revenue Fund			$	14,430,966	$	14,566,485	164796

General Services Fund Group	164797

1010	019607	Juvenile Legal Assistance	$	200,000	$	200,000	164798
4070	019604	County Representation	$	351,149	$	354,248	164799
4080	019605	Client Payments	$	725,144	$	722,931	164800
5CX0	019617	Civil Case Filing Fee	$	532,136	$	528,476	164801
TOTAL GSF General Services							164802
Fund Group			$	1,808,429	$	1,805,655	164803

Federal Special Revenue Fund Group	164804

3FX0	019621	Wrongful Conviction Program	$	103,950	$	103,950	164805
3S80	019608	Federal Representation	$	204,706	$	202,942	164806
TOTAL FED Federal Special Revenue							164807
Fund Group			$	308,656	$	306,892	164808

State Special Revenue Fund Group	164809

4C70	019601	Multi-County: County Share	$	2,297,876	$	2,322,959	164810
4X70	019610	Trumbull County - County Share	$	658,809	$	667,887	164811
5740	019606	Civil Legal Aid	$	20,000,000	$	20,000,000	164812
5DY0	019618	Indigent Defense Support - County Share	$	40,320,991	$	41,191,285	164813
5DY0	019619	Indigent Defense Support - State Office	$	5,186,329	$	5,612,719	164814
TOTAL SSR State Special Revenue							164815
Fund Group			$	68,464,005	$	69,794,850	164816
TOTAL ALL BUDGET FUND GROUPS			$	85,012,056	$	86,473,882	164817

INDIGENT DEFENSE OFFICE

164818

The foregoing appropriation items 019404, Trumbull County -	164819
State Share, and 019610, Trumbull County - County Share, shall be	164820
used to support an indigent defense office for Trumbull County.	164821

MULTI-COUNTY OFFICE

164822

The foregoing appropriation items 019403, Multi-County: State	164823
Share, and 019601, Multi-County: County Share, shall be used to	164824
support the Office of the Ohio Public Defender's Multi-County	164825
Branch Office Program.	164826

TRAINING ACCOUNT

164827

The foregoing appropriation item 019405, Training Account,	164828
shall be used by the Ohio Public Defender to provide legal	164829
training programs at no cost for private appointed counsel who	164830
represent at least one indigent defendant at no cost and for state	164831
and county public defenders and attorneys who contract with the	164832
Ohio Public Defender to provide indigent defense services.	164833

FEDERAL REPRESENTATION

164834

The foregoing appropriation item 019608, Federal	164835
Representation, shall be used to receive reimbursements from the	164836
federal courts when the Ohio Public Defender provides	164837
representation in federal court cases and to support	164838
representation in such cases.	164839

Section 355.10. DPS DEPARTMENT OF PUBLIC SAFETY

164840

General Revenue Fund	164841

GRF	767420	Investigative Unit - Operating	$	10,500,000	$	10,500,000	164842
TOTAL GRF General Revenue Fund			$	10,500,000	$	10,500,000	164843
TOTAL ALL BUDGET FUND GROUPS			$	10,500,000	$	10,500,000	164844

Section 357.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

164846

General Services Fund Group	164847

5BP0	870623	Wireless 9-1-1 Administration	$	18,035,000	$	0	164848
5F60	870622	Utility and Railroad Regulation	$	30,619,708	$	30,619,708	164849
5F60	870624	NARUC/NRRI Subsidy	$	85,000	$	85,000	164850
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	164851
TOTAL GSF General Services							164852
Fund Group			$	53,739,708	$	35,704,708	164853

Federal Special Revenue Fund Group	164854

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	164855
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	164856
3EA0	870630	Energy Assurance Planning	$	192,001	$	0	164857
3ED0	870631	State Regulators Assistance	$	115,912	$	0	164858
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	164859
TOTAL FED Federal Special Revenue							164860
Fund Group			$	8,357,532	$	8,049,619	164861

State Special Revenue Fund Group	164862

4A30	870614	Grade Crossing Protection Devices-State	$	1,347,357	$	1,347,357	164863
4L80	870617	Pipeline Safety-State	$	331,992	$	331,992	164864
5610	870606	Power Siting Board	$	581,618	$	581,618	164865
5LT0	870640	Intrastate Registration	$	180,000	$	180,000	164866
5LT0	870641	Unified Carrier Registration	$	420,000	$	420,000	164867
5LT0	870642	Hazardous Materials Registration	$	743,346	$	753,346	164868
5LT0	870643	Nonhazardous Materials Civil Forfeiture	$	277,496	$	277,496	164869
5LT0	870644	Hazardous Materials Civil Forfeiture	$	898,800	$	898,800	164870
5LT0	870645	Motor Carrier Enforcement	$	4,768,453	$	4,709,592	164871
TOTAL SSR State Special Revenue							164872
Fund Group			$	9,549,062	$	9,500,201	164873
TOTAL ALL BUDGET FUND GROUPS			$	71,646,302	$	53,254,528	164874

Section 359.10. PWC PUBLIC WORKS COMMISSION

164876

General Revenue Fund	164877

GRF	150904	Conservation General Obligation Debt Service	$	33,376,600	$	34,447,700	164878
GRF	150907	State Capital Improvements General Obligation Debt Service	$	227,810,300	$	228,948,900	164879
TOTAL GRF General Revenue Fund			$	261,186,900	$	263,396,600	164880

Clean Ohio Conservation Fund Group	164881

7056	150403		Clean Ohio Operating Expenses		$	288,980		$	288,980		164882
TOTAL 056 Clean Ohio Conservation Fund Group					$	288,980		$	288,980		164883

TOTAL ALL BUDGET FUND GROUPS

261,475,880

263,685,580

164884

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

164885

The foregoing appropriation item 150904, Conservation General	164886
Obligation Debt Service, shall be used to pay all debt service and	164887
related financing costs during the period from July 1, 2013,	164888
through June 30, 2015, at the times they are required to be made	164889
for obligations issued under sections 151.01 and 151.09 of the	164890
Revised Code.	164891

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

164892

The foregoing appropriation item 150907, State Capital	164893
Improvements General Obligation Debt Service, shall be used to pay	164894
all debt service and related financing costs during the period	164895
from July 1, 2013, through June 30, 2015, at the times they are	164896
required to be made for obligations issued under sections 151.01	164897
and 151.08 of the Revised Code.	164898

CLEAN OHIO OPERATING EXPENSES

164899

The foregoing appropriation item 150403, Clean Ohio Operating	164900
Expenses, shall be used by the Ohio Public Works Commission in	164901
administering Clean Ohio Conservation Fund (Fund 7056) projects	164902
pursuant to sections 164.20 to 164.27 of the Revised Code.	164903

Section 361.10. RAC STATE RACING COMMISSION

164904

State Special Revenue Fund Group	164905

5620	875601	Thoroughbred Race Fund	$	1,696,456	$	1,696,456	164906
5630	875602	Standardbred Development Fund	$	1,697,452	$	1,697,452	164907
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	164908
5650	875604	Racing Commission Operating	$	2,934,178	$	2,934,178	164909
5C40	875607	Simulcast Horse Racing Purse	$	12,000,000	$	12,000,000	164910
5JK0	875610	Racing Commission Fund	$	10,000,000	$	10,000,000	164911
TOTAL SSR State Special Revenue							164912
Fund Group			$	28,329,086	$	28,329,086	164913

Holding Account Redistribution Fund Group	164914

R021	875605	Bond Reimbursements	$	100,000	$	100,000	164915
TOTAL 090 Holding Account Redistribution							164916
Fund Group			$	100,000	$	100,000	164917
TOTAL ALL BUDGET FUND GROUPS			$	28,429,086	$	28,429,086	164918

Section 363.10. BOR BOARD OF REGENTS

164920

General Revenue Fund	164921

GRF	235321	Operating Expenses	$	2,850,357	$	2,850,357	164922
GRF	235401	Lease Rental Payments	$	5,805,300	$	0	164923
GRF	235402	Sea Grants	$	285,000	$	285,000	164924
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	164925
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	164926
GRF	235409	HEI Information System	$	1,505,683	$	1,505,683	164927
GRF	235414	State Grants and Scholarship Administration	$	830,180	$	830,180	164928
GRF	235417	eStudent Services	$	2,532,688	$	2,532,688	164929
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	164930
GRF	235433	Economic Growth Challenge	$	521,153	$	521,153	164931
GRF	235434	College Readiness and Access	$	1,200,000	$	1,200,000	164932
GRF	235438	Choose Ohio First Scholarship	$	16,665,114	$	16,665,114	164933
GRF	235443	Adult Basic and Literacy Education - State	$	7,427,416	$	7,427,416	164934
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,817,547	$	15,817,547	164935
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	164936
GRF	235480	General Technology Operations	$	500,000	$	500,000	164937
GRF	235483	Technology Integration and Professional Development	$	3,378,598	$	2,703,598	164938
GRF	235501	State Share of Instruction	$	1,789,699,580	$	1,818,225,497	164939
GRF	235502	Student Support Services	$	632,974	$	632,974	164940
GRF	235504	War Orphans Scholarships	$	5,500,000	$	5,500,000	164941
GRF	235507	OhioLINK	$	6,211,012	$	6,211,012	164942
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	164943
GRF	235510	Ohio Supercomputer Center	$	3,747,418	$	3,747,418	164944
GRF	235511	Cooperative Extension Service	$	23,086,658	$	23,056,658	164945
GRF	235514	Central State Supplement	$	11,063,468	$	11,063,468	164946
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	164947
GRF	235516	Wright State Lake Campus Agricultural Program	$	200,000	$	0	164948
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	164949
GRF	235520	Shawnee State Supplement	$	2,326,097	$	2,326,097	164950
GRF	235523	Youth STEM Commercialization and Entrepreneurship Program	$	2,000,000	$	3,000,000	164951
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	164952
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	164953
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	164954
GRF	235535	Ohio Agricultural Research and Development Center	$	34,126,100	$	34,629,970	164955
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	164956
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	164957
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	164958
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	164959
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	164960
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	164961
GRF	235552	Capital Component	$	13,628,639	$	10,280,387	164962
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	164963
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	164964
GRF	235558	Long-term Care Research	$	325,300	$	325,300	164965
GRF	235563	Ohio College Opportunity Grant	$	90,284,264	$	90,284,264	164966
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	164967
GRF	235599	National Guard Scholarship Program	$	16,711,514	$	17,384,511	164968
GRF	235909	Higher Education General Obligation Debt Service	$	221,168,700	$	248,822,000	164969
TOTAL GRF General Revenue Fund			$	2,331,062,630	$	2,379,360,162	164970

General Services Fund Group	164971

2200	235614	Program Approval and Reauthorization	$	903,595	$	903,595	164972
4560	235603	Sales and Services	$	199,250	$	199,250	164973
5JC0	235649	Co-op Internship Program	$	8,000,000	$	8,000,000	164974
5JC0	235668	Defense/Aerospace Workforce Development Initiative	$	4,000,000	$	4,000,000	164975
5JC0	235685	Manufacturing Workforce Development Initiative	$	2,000,000	$	0	164976
TOTAL GSF General Services							164977
Fund Group			$	15,102,845	$	13,102,845	164978

Federal Special Revenue Fund Group	164979

3120	235612	Carl D. Perkins Grant/Plan Administration	$	1,350,000	$	1,350,000	164980
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	164981
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	164982
3120	235672	H-1B Tech Skills Training	$	1,100,000	$	1,100,000	164983
3BW0	235630	Indirect Cost Recovery - Federal	$	50,000	$	50,000	164984
3H20	235608	Human Services Project	$	1,000,000	$	1,000,000	164985
TOTAL FED Federal Special Revenue							164986
Fund Group			$	21,535,671	$	21,535,671	164987

State Special Revenue Fund Group	164988

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	164989
4X10	235674	Telecommunity and Distance Learning	$	49,150	$	49,150	164990
5D40	235675	Conferences/Special Purposes	$	1,884,095	$	1,884,095	164991
5FR0	235643	Making Opportunity Affordable	$	230,000	$	230,000	164992
5P30	235663	Variable Savings Plan	$	8,066,920	$	8,104,370	164993
6450	235664	Guaranteed Savings Plan	$	1,290,718	$	1,303,129	164994
6820	235606	Nursing Loan Program	$	891,320	$	891,320	164995
TOTAL SSR State Special Revenue							164996
Fund Group			$	12,441,303	$	12,491,164	164997

Third Frontier Research & Development Fund Group	164998

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	164999
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	165000
TOTAL ALL BUDGET FUND GROUPS			$	2,388,142,449	$	2,434,489,842	165001

Section 363.20. LEASE RENTAL PAYMENTS

165003

The foregoing appropriation item 235401, Lease Rental	165004
Payments, shall be used to meet all payments at the times they are	165005
required to be made during the period from July 1, 2013, through	165006
June 30, 2015, by the Chancellor of the Board of Regents under	165007
leases and agreements made under section 154.21 of the Revised	165008
Code. These appropriations are the source of funds pledged for	165009
bond service charges on related obligations issued under Chapter	165010
154. of the Revised Code.	165011

Section 363.23. SEA GRANTS

165012

The foregoing appropriation item 235402, Sea Grants, shall be	165013
used to match federal dollars and leverage additional support by	165014
The Ohio State University's Sea Grant program, including Stone	165015
Laboratory, for research, education, and outreach to enhance the	165016
economic value, public utilization, and responsible management of	165017
Lake Erie and Ohio's coastal resources.	165018

Section 363.30. ARTICULATION AND TRANSFER

165019

The foregoing appropriation item 235406, Articulation and	165020
Transfer, shall be used by the Chancellor of the Board of Regents	165021
to maintain and expand the work of the Articulation and Transfer	165022
Council to develop a system of transfer policies to ensure that	165023
students at state institutions of higher education can transfer	165024
and have coursework apply to their majors and degrees at any other	165025
state institution of higher education without unnecessary	165026
duplication or institutional barriers under sections 3333.16,	165027
3333.161, and 3333.162 of the Revised Code.	165028

Section 363.40. MIDWEST HIGHER EDUCATION COMPACT

165029

The foregoing appropriation item 235408, Midwest Higher	165030
Education Compact, shall be distributed by the Chancellor of the	165031
Board of Regents under section 3333.40 of the Revised Code.	165032

Section 363.50. HEI INFORMATION SYSTEM

165033

The foregoing appropriation item 235409, HEI Information	165034
System, shall be used by the Chancellor of the Board of Regents to	165035
support the development and implementation of information	165036
technology solutions designed to improve the performance and	165037
services of the Chancellor of the Board of Regents and the	165038
University System of Ohio. Information technology solutions may be	165039
provided by the Ohio Academic Research Network (OARnet).	165040

Section 363.60. STATE GRANTS AND SCHOLARSHIP ADMINISTRATION

165041

The foregoing appropriation item 235414, State Grants and	165042
Scholarship Administration, shall be used by the Chancellor of the	165043
Board of Regents to administer the following student financial aid	165044
programs: Ohio College Opportunity Grant, Ohio War Orphans'	165045
Scholarship, Nurse Education Assistance Loan Program, Ohio Safety	165046
Officers College Memorial Fund, and any other student financial	165047
aid programs created by the General Assembly. The appropriation	165048
item also shall be used to support all state financial aid audits	165049
and student financial aid programs created by Congress, and to	165050
provide fiscal services for the Ohio National Guard Scholarship	165051
Program.	165052

Section 363.70. ESTUDENT SERVICES

165053

The foregoing appropriation item 235417, eStudent Services,	165054
shall be used by the Chancellor of the Board of Regents to support	165055
the continued implementation of eStudent Services, a consortium	165056
organized under division (T) of section 3333.04 of the Revised	165057
Code to expand access to dual enrollment opportunities for high	165058
school students, as well as adult and higher education	165059
opportunities through technology. The funds shall be used by	165060
eStudent Services to develop and promote learning and assessment	165061
through the use of technology, to test and provide advice on	165062
emerging learning-directed technologies, to support the distance	165063
learning clearinghouse and platform created under section 3333.82	165064
of the Revised Code, and to facilitate cost-effectiveness through	165065
shared educational technology investments.	165066

Section 363.80. APPALACHIAN NEW ECONOMY PARTNERSHIP

165067

The foregoing appropriation item 235428, Appalachian New	165068
Economy Partnership, shall be distributed to Ohio University to	165069
continue a multi-campus and multi-agency coordinated effort to	165070
link Appalachia to the new economy. Ohio University shall use	165071
these funds to provide leadership in the development and	165072
implementation of initiatives in the areas of entrepreneurship,	165073
management, education, and technology.	165074

Section 363.90. ECONOMIC GROWTH CHALLENGE

165075

The foregoing appropriation item 235433, Economic Growth	165076
Challenge, shall be used for administrative expenses of the	165077
Research Incentive Program and other economic advancement	165078
initiatives undertaken by the Chancellor of the Board of Regents.	165079

The Chancellor of the Board of Regents shall use any	165080
appropriation transfer to the foregoing appropriation item 235433,	165081
Economic Growth Challenge, to enhance the basic research and	165082
commercialization capabilities of public colleges and universities	165083
and accredited Ohio institutions of higher education holding	165084
certificates of authorization issued under section 1713.02 of the	165085
Revised Code, in order to strengthen academic research and	165086
commercialization for pursuing Ohio's economic development goals.	165087

Section 363.93. COLLEGE READINESS AND ACCESS

165088

The foregoing appropriation item 235434, College Readiness	165089
and Access, shall be used by the Chancellor of the Board of	165090
Regents to support early college high school initiatives. The	165091
Chancellor shall distribute grants equal to $2,000 per enrolled	165092
early college high school student to institutions of higher	165093
education supporting an early college high school. If the	165094
Chancellor determines that the amounts appropriated are inadequate	165095
to provide full grant awards to all eligible institutions, the	165096
Chancellor may decrease the per student grant amount.	165097

Section 363.100. CHOOSE OHIO FIRST SCHOLARSHIP

165098

The foregoing appropriation item 235438, Choose Ohio First	165099
Scholarship, shall be used to operate the program prescribed in	165100
sections 3333.60 to 3333.70 of the Revised Code.	165101

Section 363.110. ADULT BASIC AND LITERACY EDUCATION

165102

Of the foregoing appropriation item 235443, Adult Basic and	165103
Literacy Education – State, $125,000 in each fiscal year shall be	165104
used to provide a grant for an Ohio public library that provides	165105
remedial coursework instruction for postsecondary students.	165106

The remainder of the foregoing appropriation item 235443,	165107
Adult Basic and Literacy Education - State, shall be used to	165108
support the adult basic and literacy education instructional grant	165109
program and state leadership program. The supported programs shall	165110
satisfy the state match and maintenance of effort requirements for	165111
the state-administered grant program.	165112

Section 363.120. POST-SECONDARY ADULT CAREER-TECHNICAL	165113
EDUCATION	165114

The foregoing appropriation item 235444, Post-Secondary Adult	165115
Career-Technical Education, shall be used by the Chancellor of the	165116
Board of Regents, in consultation with the Superintendent of	165117
Public Instruction and the Governor's Office of Workforce	165118
Transformation, to support post-secondary adult career-technical	165119
education. The Chancellor of the Board of Regents, the	165120
Superintendent of Public Instruction, and the Governor's Office of	165121
Workforce Transformation, or their designees, shall hold a series	165122
of consultations with the Ohio Technical Centers during fiscal	165123
year 2014 to develop an appropriate funding formula to distribute	165124
these funds based on student outcomes, beginning in fiscal year	165125
2015.	165126

Not later than June 30, 2014, the Chancellor of the Board of	165127
Regents shall establish a One-Year Option credit articulation	165128
system in which graduates of Ohio Technical Centers who complete a	165129
900-hour program of study and obtain an industry-recognized	165130
credential approved by the Chancellor shall receive 30 college	165131
technical credit hours toward a technical degree upon enrollment	165132
in an institution of higher education.	165133

By June 30, 2014, the Chancellor also shall submit a report	165134
to the General Assembly, in accordance with section 101.68 of the	165135
Revised Code, that recommends a process to award proportional	165136
credit toward a technical degree for students who complete a	165137
program of study between 600 and 899 hours and obtain an	165138
industry-recognized credential approved by the Chancellor.	165139

As used in this section, "institution of higher education"	165140
has the same meaning as in section 3345.12 of the Revised Code.	165141

Section 363.130. AREA HEALTH EDUCATION CENTERS

165142

The foregoing appropriation item 235474, Area Health	165143
Education Centers Program Support, shall be used by the Chancellor	165144
of the Board of Regents to support the medical school regional	165145
area health education centers' educational programs for the	165146
continued support of medical and other health professions	165147
education and for support of the Area Health Education Center	165148
Program.	165149

Section 363.180. TECHNOLOGY INTEGRATION AND PROFESSIONAL	165150
DEVELOPMENT	165151

Of the foregoing appropriation item 235483, Technology	165152
Integration and Professional Development, up to $3,000,000 in	165153
fiscal year 2014 and $2,325,000 in fiscal year 2015 shall be used	165154
to provide grants on a competitive basis to public and chartered	165155
nonpublic schools for their participation in the electronic	165156
textbook pilot project. These funds shall be administered as	165157
provided under the section of this act entitled ELECTRONIC	165158
TEXTBOOK PILOT PROJECT. On July 1, 2014, or as soon as possible	165159
thereafter, the Chancellor of the Board of Regents may certify to	165160
the Director of Budget and Management the amount of the	165161
unexpended, unencumbered balance of this set aside at the end of	165162
fiscal year 2014 to be appropriated to fiscal year 2015. The	165163
amount certified is hereby reappropriated for the same purpose for	165164
fiscal year 2015.	165165

The remainder of the foregoing appropriation item 235483,	165166
Technology Integration and Professional Development, shall be used	165167
by the Ohio Department of Education and the Chancellor of the	165168
Board of Regents for the provision of staff development, hardware,	165169
software, telecommunications services, and information resources	165170
to support educational uses of technology in the classroom and at	165171
a distance and for professional development for teachers,	165172
administrators, and technology staff on the use of educational	165173
technology in qualifying public schools, including the State	165174
School for the Blind, the School for the Deaf, and the Department	165175
of Youth Services.	165176

Section 363.190. STATE SHARE OF INSTRUCTION FORMULAS

165177

The Chancellor of the Board of Regents shall establish	165178
procedures to allocate the foregoing appropriation item 235501,	165179
State Share of Instruction, based on the formulas detailed in this	165180
section that utilize the enrollment, course completion, degree	165181
attainment, and student achievement factors reported annually by	165182
each state institution of higher education participating in the	165183
Higher Education Information (HEI) system.	165184

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COURSE	165185
COMPLETIONS	165186

(1) As soon as possible during each fiscal year of the	165187
biennium ending June 30, 2015, in accordance with instructions of	165188
the Board of Regents, each state institution of higher education	165189
shall report its actual data, consistent with the definitions in	165190
the Higher Education Information (HEI) system's enrollment files,	165191
to the Chancellor of the Board of Regents.	165192

(2) In defining the number of full-time equivalent students	165193
for state subsidy instructional cost purposes, the Chancellor of	165194
the Board of Regents shall exclude all undergraduate students who	165195
are not residents of Ohio, except those charged in-state fees in	165196
accordance with reciprocity agreements made under section 3333.17	165197
of the Revised Code or employer contracts entered into under	165198
section 3333.32 of the Revised Code.	165199

(3) In calculating the core subsidy entitlements for	165200
university branch and main campuses, the Chancellor of the Board	165201
of Regents shall use the following count of FTE students:	165202

(a) The subsidy eligible enrollments by model shall equal	165203
only those FTE students who successfully complete the course as	165204
defined and reported through the Higher Education Information	165205
(HEI) system course enrollment file;	165206

(b) Those undergraduate FTE students with successful course	165207
completions, identified in division (A)(3)(a) of this section,	165208
that had an expected family contribution less than 2190 or were	165209
determined to have been in need of remedial education shall be	165210
defined as at-risk students and shall have their eligible	165211
completions weighted by the following:	165212

(i) Campus-specific course completion indexes, where the	165213
indexes are calculated based upon the number of at-risk students	165214
enrolled during the 2010-2012 academic years; and	165215

(ii) A statewide average at-risk course completion weight	165216
determined for each subsidy model. The statewide average at-risk	165217
course completion weight shall be determined by calculating the	165218
difference between the percentage of traditional students who	165219
complete a course and the percentage of at-risk students who	165220
complete the same course.	165221

(4) In calculating the core subsidy entitlements for Medical	165222
II models only, students repeating terms may be no more than five	165223
per cent of current year enrollment.	165224

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

165225

For purposes of calculating state share of instruction	165226
allocations, the total instructional costs per full-time	165227
equivalent student shall be:	165228

Model	Fiscal Year 2014	Fiscal Year 2015	165229
ARTS AND HUMANITIES 1	$7,803	$7,940	165230
ARTS AND HUMANITIES 2	$10,828	$11,018	165231
ARTS AND HUMANITIES 3	$13,988	$14,234	165232
ARTS AND HUMANITIES 4	$20,242	$20,598	165233
ARTS AND HUMANITIES 5	$33,969	$34,567	165234
ARTS AND HUMANITIES 6	$38,280	$38,954	165235
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	$7,109	$7,235	165236
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	$8,106	$8,249	165237
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	$10,640	$10,827	165238
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	$12,647	$12,869	165239
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	$19,657	$20,003	165240
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	$22,006	$22,393	165241
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	$30,558	$31,096	165242
MEDICAL 1	$53,424	$54,365	165243
MEDICAL 2	$45,873	$46,681	165244
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	$7,190	$7,317	165245
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	$10,091	$10,268	165246
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	$11,928	$12,138	165247
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	$15,186	$15,454	165248
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	$20,043	$20,396	165249
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	$21,633	$22,013	165250
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	$26,471	$26,937	165251
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	$36,766	$37,413	165252
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	$52,170	$53,088	165253

Doctoral I and Doctoral II models shall be allocated in	165254
accordance with division (D)(3) of this section.	165255

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	165256
AND GRADUATE WEIGHTS	165257

For the purpose of implementing the recommendations of the	165258
2006 State Share of Instruction Consultation and the Higher	165259
Education Funding Study Council that priority be given to	165260
maintaining state support for science, technology, engineering,	165261
mathematics, medicine, and graduate programs, the costs in	165262
division (B) of this section shall be weighted by the amounts	165263
provided below:	165264

Model	Fiscal Year 2014	Fiscal Year 2015	165265
ARTS AND HUMANITIES 1	1.0000	1.0000	165266
ARTS AND HUMANITIES 2	1.0000	1.0000	165267
ARTS AND HUMANITIES 3	1.0000	1.0000	165268
ARTS AND HUMANITIES 4	1.0000	1.0000	165269
ARTS AND HUMANITIES 5	1.0425	1.0425	165270
ARTS AND HUMANITIES 6	1.0425	1.0425	165271
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.0000	1.0000	165272
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.0000	1.0000	165273
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.0000	1.0000	165274
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.0000	1.0000	165275
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.0425	1.0425	165276
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.0425	1.0425	165277
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.0425	1.0425	165278
MEDICAL 1	1.6456	1.6456	165279
MEDICAL 2	1.7462	1.7462	165280
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.0000	1.0000	165281
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.0017	1.0017	165282
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.6150	1.6150	165283
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.6920	1.6920	165284
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.4222	1.4222	165285
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	1.8798	1.8798	165286
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.4380	1.4380	165287
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.5675	1.5675	165288
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.1361	1.1361	165289

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	165290
ENTITLEMENTS AND ADJUSTMENTS	165291

(1) Of the foregoing appropriation item 235501, State Share	165292
of Instruction, 25 per cent of the fiscal year 2014 appropriation	165293
for state-supported community colleges, state community colleges,	165294
and technical colleges shall be allocated to colleges in	165295
proportion to their share of college student success factors as	165296
adopted by the Chancellor of the Board of Regents in formal	165297
communication to the Controlling Board on August 30, 2010.	165298

(2) Of the foregoing appropriation item 235501, State Share	165299
of Instruction, 25 per cent of the fiscal year 2014 appropriation	165300
for state-supported community colleges, state community colleges,	165301
and technical colleges shall be reserved for course completion	165302
FTEs as aggregated by the subsidy models defined in division (B)	165303
of this section.	165304

The course completion funding shall be allocated to colleges	165305
in proportion to each campuses' share of the total sector's course	165306
completions, weighted by the instructional cost of the subsidy	165307
models.	165308

To calculate the subsidy entitlements for course completions	165309
at community colleges, state community colleges, and technical	165310
colleges, the Chancellor of the Board of Regents shall use the	165311
following calculations:	165312

(a) In calculating each campus's count of FTE course	165313
completions, the Chancellor of the Board of Regents shall use the	165314
three-year average course completions for the three-year period	165315
ending in the prior year.	165316

(b) The model costs as used in the calculation shall be	165317
augmented by the model weights for science, technology,	165318
engineering, mathematics, and medicine models as established in	165319
division (C) of this section.	165320

(3) Of the foregoing appropriation item 235501, State Share	165321
of Instruction, up to 11.78 per cent of the appropriation for	165322
universities, as established in division (A)(2) of the section of	165323
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	165324
2014 and 2015," in each fiscal year shall be reserved for support	165325
of doctoral programs to implement the funding recommendations made	165326
by representatives of the universities. The amount so reserved	165327
shall be referred to as the doctoral set-aside.	165328

The doctoral set-aside shall be allocated to universities as	165329
follows:	165330

(a) 62.50 per cent of the doctoral set-aside in fiscal year	165331
2014 and 55 per cent of the doctoral set-aside in fiscal year 2015	165332
shall be allocated to universities in proportion to their share of	165333
the statewide total of each state institution's three-year average	165334
Doctoral I equivalent FTEs as calculated on an institutional basis	165335
using historical FTEs for the period fiscal year 1994 through	165336
fiscal year 1998 with annualized FTEs for fiscal years 1994	165337
through 1997 and all-term FTEs for fiscal year 1998 as adjusted to	165338
reflect the effects of doctoral review and subsequent changes in	165339
Doctoral I equivalent enrollments. For the purposes of this	165340
calculation, Doctoral I equivalent FTEs shall equal the sum of	165341
Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	165342

(b) 25 per cent of the doctoral set-aside in fiscal year 2014	165343
and 30 per cent of the doctoral set-aside in fiscal year 2015	165344
shall be allocated to universities in proportion to each campus's	165345
share of the total statewide doctoral degrees, weighted by the	165346
cost of the doctoral discipline. In calculating each campus's	165347
doctoral degrees the Chancellor of the Board of Regents shall use	165348
the three-year average doctoral degrees awarded for the three-year	165349
period ending in the prior year.	165350

(c) 12.5 per cent of the doctoral set-aside in fiscal year	165351
2014 and 15 per cent of the doctoral set-aside in fiscal year 2015	165352
shall be allocated to universities in proportion to their share of	165353
research grant activity, using a data collection method that is	165354
reviewed and approved by the presidents of Ohio's doctoral degree	165355
granting universities. In the event that the data collection	165356
method is not available, funding for this component shall be	165357
allocated to universities in proportion to their share of research	165358
grant activity published by the National Science Foundation. Grant	165359
awards from the Department of Health and Human Services shall be	165360
weighted at 50 per cent.	165361

(4) Of the foregoing appropriation item 235501, State Share	165362
of Instruction, 6.41 per cent of the appropriation for	165363
universities, as established in division (A)(2) of the section of	165364
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	165365
2014 AND 2015," in each fiscal year shall be reserved for support	165366
of Medical II FTEs. The amount so reserved shall be referred to as	165367
the medical II set-aside.	165368

The medical II set-aside shall be allocated to universities	165369
in proportion to their share of the statewide total of each state	165370
institution's three-year average Medical II FTEs as calculated in	165371
division (A) of this section, weighted by model cost.	165372

(5) Of the foregoing appropriation item 235501, State Share	165373
of Instruction, 1.48 per cent of the appropriation for	165374
universities, as established in division (A)(2) of the section of	165375
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	165376
2014 AND 2015," in each fiscal year shall be reserved for support	165377
of Medical I FTEs. The amount so reserved shall be referred to as	165378
the medical I set-aside.	165379

The medical I set-aside shall be allocated to universities in	165380
proportion to their share of the statewide total of each state	165381
institution's three-year average Medical I FTEs as calculated in	165382
division (A) of this section.	165383

(6) Of the foregoing appropriation item 235501, State Share	165384
of Instruction, 50 per cent of the appropriation in each fiscal	165385
year for universities, net any earmarked funding for university	165386
regional campuses as detailed in division (B)(1) of the section of	165387
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	165388
2014 AND 2015," shall be reserved for support of associate,	165389
baccalaureate, master's, and professional level degree attainment.	165390

The degree attainment funding shall be allocated to	165391
universities in proportion to each campus's share of the total	165392
statewide degrees granted, weighted by the cost of the degree	165393
programs. The degree cost calculations shall include the model	165394
cost weights for the science, technology, engineering,	165395
mathematics, and medicine models as established in division (C) of	165396
this section.	165397

For degrees including credits earned at multiple	165398
institutions, in fiscal year 2015, degree attainment funding shall	165399
be allocated to universities and branch campuses in proportion to	165400
each campus's share of the cost of earned credits for the degree.	165401
Each institution shall receive its prorated share of degree	165402
funding for credits earned at that institution. Cost of credits	165403
not earned at a university main or regional campus shall be	165404
credited to the degree-granting institution.	165405

In calculating the subsidy entitlements for degree attainment	165406
at university main and regional campuses, the Chancellor of the	165407
Board of Regents shall use the following count of degrees and	165408
degree costs:	165409

(a) The subsidy eligible undergraduate degrees shall be	165410
defined as follows:	165411

(i) The subsidy eligible degrees conferred to students	165412
identified as residents of the state of Ohio in any term of their	165413
studies, as reported through the Higher Education Information	165414
(HEI) system student enrollment file, shall be weighted by a	165415
factor of 1.	165416

(ii) The subsidy eligible degrees conferred to students	165417
identified as out-of-state residents during all terms of their	165418
studies, as reported through the Higher Education Information	165419
(HEI) system student enrollment file, who remain in the state of	165420
Ohio at least one year after graduation, as calculated based on	165421
the three-year average in-state residency rate for out-of-state	165422
students at each institution, shall be weighted by a factor of 50	165423
per cent. For fiscal year 2014, subsidy eligible degrees conferred	165424
to all out-of-state students shall be weighted by a factor of 25	165425
per cent.	165426

(b) In fiscal year 2014, for those associate degrees awarded	165427
by a state-supported university, the subsidy eligible degrees	165428
granted are defined as only those earned by students attending a	165429
university that received funding under GRF appropriation item	165430
235418, Access Challenge, in fiscal year 2009. In fiscal year	165431
2015, subsidy eligible associate degrees are defined as those	165432
earned by students attending any state-supported university main	165433
or regional campus.	165434

(c) In calculating each campus's count of degrees, the	165435
Chancellor of the Board of Regents shall use the three-year	165436
average associate, baccalaureate, master's, and professional	165437
degrees awarded for the three-year period ending in the prior	165438
year. In fiscal year 2014, university regional campuses are not	165439
eligible for degree completion funding. In fiscal year 2015, all	165440
university campuses are eligible for degree completion funding.	165441

(d) For fiscal year 2014, eligible associate degrees defined	165442
in division (D)(6)(b) of this section and all bachelor's degrees	165443
earned by a student that either had an expected family	165444
contribution less than 2190, was determined to have been in need	165445
of remedial education, is Native American, African American, or	165446
Hispanic, or is at least age 26 at the time of graduation, shall	165447
be defined as degrees earned by an at-risk student and shall be	165448
weighted by the following:	165449

(i) A campus-specific at-risk index, where the index is	165450
calculated based on the proportion of at-risk students enrolled	165451
during a four-year cohort beginning in fiscal year 2001, 2002,	165452
2003, or 2004; and	165453

(ii) A statewide average at-risk degree completion weight	165454
determined by calculating the difference between the percentage of	165455
non-at-risk students who earned a degree and the percentage of	165456
at-risk students who earned a degree in eight years or less.	165457

(e) For fiscal year 2015, eligible associate degrees defined	165458
in division (D)(6)(b) of this section and all bachelor's degrees	165459
earned by a student that either had an expected family	165460
contribution less than 2190, was determined to be in need of	165461
remedial education, is Native American, African American, or	165462
Hispanic, or is at least 26 years of age at the time of	165463
graduation, shall be defined as degrees earned by an at-risk	165464
student and shall be weighted by the following:	165465

A student-specific degree completion weight, where the weight	165466
is calculated based on the at risk factors of the individual	165467
student, determined by calculating the difference between the	165468
percentage of students with each risk factor who earned a degree	165469
and the percentage of non-at-risk students who earned a degree.	165470

(7) State share of instruction base formula earnings shall be	165471
determined as follows:	165472

(a) The instructional costs shall be determined by	165473
multiplying the amounts listed above in divisions (B) and (C) of	165474
this section by the average subsidy-eligible FTEs for the	165475
three-year period ending in the prior year for all models except	165476
Doctoral I and Doctoral II.	165477

(b) The Chancellor of the Board of Regents shall compute a	165478
uniform state share of instructional costs for each sector.	165479

(i) For the state-supported community colleges, state	165480
community colleges, and technical colleges, in fiscal year 2014	165481
the Chancellor of the Board of Regents shall compute the uniform	165482
state share of instructional costs for enrollment by dividing the	165483
sector level appropriation total as determined by the Chancellor	165484
in division (A)(1) of the section of this act entitled "STATE	165485
SHARE OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	165486
pursuant to divisions (B) and (C) of that section, less the	165487
student college success allocation as described in division (D)(1)	165488
of this section and less the course completion allocation as	165489
detailed in division (D)(2) of this section, by the sum of all	165490
eligible campuses' instructional costs as calculated in division	165491
(D)(7)(b) of this section.	165492

(ii) For the state-supported university regional campuses, in	165493
fiscal year 2014 the Chancellor of the Board of Regents shall	165494
compute the uniform state share of instructional costs by dividing	165495
the sector level appropriation, as determined by the Chancellor in	165496
division (A)(2) of the section of this act entitled "STATE SHARE	165497
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	165498
pursuant to division (B) of that section by the sum of all	165499
campuses' instructional costs as calculated in division (D)(7)(b)	165500
of this section.	165501

(iii) For the state-supported university main campuses, in	165502
fiscal year 2014 the Chancellor of the Board of Regents shall	165503
compute the uniform state share of instructional costs by dividing	165504
the sector level appropriation, as determined by the Chancellor in	165505
division (A)(3) of the section of this act entitled "STATE SHARE	165506
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	165507
pursuant to division (B) of that section, less the degree	165508
attainment funding as calculated in divisions (D)(3) to (6) of	165509
this section, less the doctoral set-aside, less the medical I	165510
set-aside, and less the medical II set-aside, by the sum of all	165511
campuses' instructional costs as calculated in division (D)(7)(b)	165512
of this section.	165513

(iv) For the state university regional and main campuses, in	165514
fiscal year 2015 the Chancellor of the Board of Regents shall	165515
compute the uniform state share of instructional costs by dividing	165516
the university appropriation, as determined by the Chancellor in	165517
division (A)(3) of the section of this act entitled "STATE SHARE	165518
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	165519
pursuant to division (B) of that section, less the degree	165520
attainment funding as calculated in divisions (D)(3) to (6) of	165521
this section, less the doctoral set-aside, less the medical I	165522
set-aside, and less the medical II set-aside, by the sum of all	165523
campuses' instructional costs as calculated in division (D)(7)(b)	165524
of this section.	165525

(c) The formula entitlement shall be determined by	165526
multiplying the uniform state share of instructional costs	165527
calculated in division (D)(7)(c) of this section by the	165528
instructional cost determined in division (D)(7)(b) of this	165529
section.	165530

(8) In addition to the student success allocation, doctoral	165531
set-aside, medical I set-aside, medical II set-aside, and the	165532
degree attainment allocation determined in divisions (D)(1) to (6)	165533
of this section and the formula entitlement determined in division	165534
(D)(7) of this section, an allocation based on facility-based	165535
plant operations and maintenance (POM) subsidy shall be made. For	165536
each eligible university main campus, the amount of the POM	165537
allocation in each fiscal year shall be distributed based on what	165538
each campus received in the fiscal year 2009 POM allocation.	165539

Any POM allocations required by this division shall be funded	165540
by proportionately reducing formula entitlement earnings,	165541
including the POM allocations, for all campuses in that sector.	165542

(9) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING FOR	165543
COMMUNITY, STATE COMMUNITY, AND TECHNICAL COLLEGES	165544

In addition to and after the adjustments noted above, in	165545
fiscal year 2014, no community college, state community college,	165546
or technical college shall receive a state share of instruction	165547
allocation that is less than 97 per cent of the prior year's state	165548
share of instruction earnings. Funds shall be made available to	165549
support this allocation by proportionately reducing formula	165550
entitlement earnings from those campuses, within the community,	165551
state community, and technical college sector, that are not	165552
receiving stability funding.	165553

(10) CAPITAL COMPONENT DEDUCTION

165554

After all other adjustments have been made, state share of	165555
instruction earnings shall be reduced for each campus by the	165556
amount, if any, by which debt service charged in Am. H.B. 748 of	165557
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	165558
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	165559
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	165560
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly,	165561
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B.	165562
562 of the 127th General Assembly for that campus exceeds that	165563
campus's capital component earnings. The sum of the amounts	165564
deducted shall be transferred to appropriation item 235552,	165565
Capital Component, in each fiscal year.	165566

(E) EXCEPTIONAL CIRCUMSTANCES

165567

Adjustments may be made to the state share of instruction	165568
payments and other subsidies distributed by the Chancellor of the	165569
Board of Regents to state colleges and universities for	165570
exceptional circumstances. No adjustments for exceptional	165571
circumstances may be made without the recommendation of the	165572
Chancellor and the approval of the Controlling Board.	165573

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	165574
INSTRUCTION	165575

The standard provisions of the state share of instruction	165576
calculation as described in the preceding sections of temporary	165577
law shall apply to any reductions made to appropriation item	165578
235501, State Share of Instruction, before the Chancellor of the	165579
Board of Regents has formally approved the final allocation of the	165580
state share of instruction funds for any fiscal year.	165581

Any reductions made to appropriation item 235501, State Share	165582
of Instruction, after the Chancellor of the Board of Regents has	165583
formally approved the final allocation of the state share of	165584
instruction funds for any fiscal year, shall be uniformly applied	165585
to each campus in proportion to its share of the final allocation.	165586

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

165587

The state share of instruction payments to the institutions	165588
shall be in substantially equal monthly amounts during the fiscal	165589
year, unless otherwise determined by the Director of Budget and	165590
Management pursuant to section 126.09 of the Revised Code.	165591
Payments during the first six months of the fiscal year shall be	165592
based upon the state share of instruction appropriation estimates	165593
made for the various institutions of higher education according to	165594
the Chancellor of the Board of Regents enrollment, completion, and	165595
performance estimates. Payments during the last six months of the	165596
fiscal year shall be distributed after approval of the Controlling	165597
Board upon the request of the Chancellor.	165598

(H) STUDIES TO DETERMINE IMPROVEMENTS TO THE FISCAL YEAR 2015	165599
STATE SHARE OF INSTRUCTION FORMULAS	165600

(1) STUDY ON IDENTIFYING "AT-RISK" STUDENTS FOR COMMUNITY	165601
COLLEGES	165602

Community college presidents, or their designees, in	165603
consultation with the Chancellor of the Board of Regents, shall	165604
study the most appropriate formula weights for students who come	165605
from "at-risk" populations and recommend how they may be used to	165606
determine allocations of appropriations to community colleges from	165607
appropriation item 235501, State Share of Instruction, in fiscal	165608
year 2015. The study shall identify the socio-economic,	165609
demographic, academic, personal, and other factors that identify a	165610
student as being "at-risk" of academic failure, and recommend how	165611
these factors may be used to determine allocations of the State	165612
Share of Instruction for community colleges in fiscal year 2015.	165613
The study shall be completed by December 31, 2013. Notwithstanding	165614
any provision of law to the contrary, community college	165615
presidents, or their designees, in consultation with the	165616
Chancellor of the Board of Regents, shall use the results of the	165617
study to recommend changes in the determination of the	165618
distribution of the community college allocations beginning in	165619
fiscal year 2015 and shall report any such formula change	165620
recommendations to the Governor, the General Assembly, and the	165621
Office of Budget and Management not later than February 15, 2014.	165622

(2) STUDY ON THE USE OF SUCCESS POINTS AND COMPLETION	165623
MEASURES FOR COMMUNITY COLLEGES	165624

Community college presidents, or their designees, in	165625
consultation with the Chancellor of the Board of Regents, shall	165626
study the most appropriate formula weights for the "success	165627
points" and completion performance measures used in the allocation	165628
of appropriations to community colleges from appropriation item	165629
235501, State Share of Instruction, in fiscal year 2015. The study	165630
shall research the most appropriate success points and completion	165631
measures that occur during the academic career of community	165632
college students and recommend revisions to the current State	165633
Share of Instruction model to fund achievement of the success	165634
points beginning in fiscal year 2015. In addition, community	165635
college presidents, or their designees, in consultation with the	165636
Chancellor of the Board of Regents, shall determine how the	165637
community college's fiscal year 2015 share of State Share of	165638
Instruction funding shall be distributed among its success points,	165639
completion measures and course completion funding, or other	165640
performance and access measures. The study shall be completed by	165641
December 31, 2013. Notwithstanding any provision of law to the	165642
contrary, community college presidents, or their designees, in	165643
consultation with the Chancellor of the Board of Regents, shall	165644
use the results of the study to recommend changes in the	165645
determination of the distribution of the community college	165646
allocations beginning in fiscal year 2015 and shall report any	165647
such formula change recommendations to the Governor, the General	165648
Assembly, and the Office of Budget and Management not later than	165649
February 15, 2014.	165650

Section 363.200. STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	165651
2014 AND 2015	165652

(A) The foregoing appropriation item 235501, State Share of	165653
Instruction, shall be distributed according to the section of this	165654
act entitled "STATE SHARE OF INSTRUCTION FORMULAS."	165655

(1) Of the foregoing appropriation item 235501, State Share	165656
of Instruction, $411,257,477 in fiscal year 2014 and $419,101,428	165657
in fiscal year 2015 shall be distributed to state-supported	165658
community colleges, state community colleges, and technical	165659
colleges.	165660

(2) Of the foregoing appropriation item 235501, State Share	165661
of Instruction, $1,372,968,020 in fiscal year 2014 and	165662
$1,399,124,069 in fiscal year 2015 shall be distributed to	165663
state-supported university main and regional campuses.	165664

(B) Of the amounts earmarked in division (A)(2) of this	165665
section:	165666

(1) $116,181,104 in fiscal year 2014 shall be distributed to	165667
state university regional campuses.	165668

(2) $3,923,764 in each fiscal year shall be distributed to	165669
university main campuses based on each campus's share of the	165670
appropriation item 235418, Access Challenge, in fiscal year 2009.	165671

(C) Of the foregoing appropriation item 235501, State Share	165672
of Instruction, up to $5,474,083 in fiscal year 2014 shall be used	165673
by the Chancellor to provide supplemental subsidy payments to each	165674
university main and regional campus receiving a State Share of	165675
Instruction allocation, as determined according to the section of	165676
this act entitled "STATE SHARE OF INSTRUCTION FORMULAS" and	165677
divisions (A) and (B) of this section, in fiscal year 2014 that is	165678
less than 96 per cent of that campus's State Share of Instruction	165679
allocation in fiscal year 2013. Supplemental subsidy payment	165680
amounts shall not exceed the amount needed to ensure that no	165681
university main or regional campus receives a State Share of	165682
Instruction allocation in fiscal year 2014 that is less than 96	165683
per cent of that campus's fiscal year 2013 allocation. If the	165684
Chancellor determines that the amounts earmarked for these	165685
supplemental subsidies are inadequate to provide payments to	165686
ensure that each eligible campus receives a State Share of	165687
Instruction allocation in fiscal year 2014 that is equal to 96 per	165688
cent of that campus's fiscal year 2013 allocation, the Chancellor	165689
shall proportionally reduce payment amounts. If the Chancellor	165690
determines that the amount earmarked for these supplemental	165691
subsidies is greater than what is needed to ensure that no main or	165692
regional campus receives a State Share of Instruction allocation	165693
in fiscal year 2014 that is less than 96 per cent of the fiscal	165694
year 2013 allocation, the Chancellor shall proportionally allocate	165695
the remainder of the earmark between the amounts earmarked for	165696
fiscal year 2014 divisions (A)(1) and (A)(2) of this section.	165697

(D) The POM adjustment in division (D)(7) of the section of	165698
this act entitled "STATE SHARE OF INSTRUCTION FORMULAS" and the	165699
Access Challenge earmark in division (B) of this section shall	165700
expire on June 30, 2015.	165701

(E) The state share of instruction payments to the	165702
institutions shall be in substantially equal monthly amounts	165703
during the fiscal year, unless otherwise determined by the	165704
Director of Budget and Management pursuant to section 126.09 of	165705
the Revised Code. Payments during the last six months of the	165706
fiscal year shall be distributed after approval of the Controlling	165707
Board upon the request of the Chancellor of the Board of Regents.	165708

Section 363.210. TRANSFER OF INSTRUCTIONAL SUBSIDIES BETWEEN	165709
UNIVERSITIES	165710

Notwithstanding any provision of law to the contrary, in	165711
consultation with the Chancellor of the Board of Regents, a	165712
state-supported university may request to transfer its fiscal year	165713
2014 state share of instruction subsidy allocations of the	165714
foregoing appropriation item 235501, State Share of Instruction,	165715
between a university main campus and any university branch campus	165716
for which the university main campus is affiliated to best	165717
accomplish institutional goals and objectives. At the request of	165718
the Chancellor of the Board of Regents, the Director of Budget and	165719
Management may transfer the requested amounts of state share of	165720
instruction appropriation allocations between affiliated	165721
university branch campuses and university main campuses.	165722

Section 363.220. RESTRICTION ON FEE INCREASES

165723

The boards of trustees of state institutions of higher	165724
education shall restrain increases in in-state undergraduate	165725
instructional and general fees. Each state university and the	165726
Northeast Ohio Medical University shall not increase its in-state	165727
undergraduate instructional and general fees by more than 2.0 per	165728
cent or $188, whichever is higher, over what the institution	165729
charged for the preceding academic year.	165730

Each university regional campus shall not increase its	165731
in-state undergraduate instructional and general fees by more than	165732
2.0 per cent or $114, whichever is higher, over what the	165733
institution charged for the preceding academic year.	165734

Each community college, state community college, and	165735
technical college shall not increase its in-state undergraduate	165736
instructional and general fees by more than $100 over what the	165737
institution charged for the preceding academic year.	165738

These limitations shall not apply to increases required to	165739
comply with institutional covenants related to their obligations	165740
or to meet unfunded legal mandates or legally binding obligations	165741
incurred or commitments made prior to the effective date of this	165742
section with respect to which the institution had identified such	165743
fee increases as the source of funds. Any increase required by	165744
such covenants and any such mandates, obligations, or commitments	165745
shall be reported by the Chancellor of the Board of Regents to the	165746
Controlling Board. These limitations may also be modified by the	165747
Chancellor of the Board of Regents, with the approval of the	165748
Controlling Board, to respond to exceptional circumstances as	165749
identified by the Chancellor of the Board of Regents.	165750

These limitations shall not apply to institutions	165751
participating in an undergraduate tuition guarantee program	165752
pursuant to section 3345.48 of the Revised Code.	165753

Section 363.230. HIGHER EDUCATION - BOARD OF TRUSTEES

165754

(A) Funds appropriated for instructional subsidies at	165755
colleges and universities may be used to provide such branch or	165756
other off-campus undergraduate courses of study and such master's	165757
degree courses of study as may be approved by the Chancellor of	165758
the Board of Regents.	165759

(B) In providing instructional and other services to	165760
students, boards of trustees of state institutions of higher	165761
education shall supplement state subsidies with income from	165762
charges to students. Except as otherwise provided in this act,	165763
each board shall establish the fees to be charged to all students,	165764
including an instructional fee for educational and associated	165765
operational support of the institution and a general fee for	165766
noninstructional services, including locally financed student	165767
services facilities used for the benefit of enrolled students. The	165768
instructional fee and the general fee shall encompass all charges	165769
for services assessed uniformly to all enrolled students. Each	165770
board may also establish special purpose fees, service charges,	165771
and fines as required; such special purpose fees and service	165772
charges shall be for services or benefits furnished individual	165773
students or specific categories of students and shall not be	165774
applied uniformly to all enrolled students. A tuition surcharge	165775
shall be paid by all students who are not residents of Ohio.	165776

The board of trustees of a state institution of higher	165777
education shall not authorize a waiver or nonpayment of	165778
instructional fees or general fees for any particular student or	165779
any class of students other than waivers specifically authorized	165780
by law or approved by the Chancellor. This prohibition is not	165781
intended to limit the authority of boards of trustees to provide	165782
for payments to students for services rendered the institution,	165783
nor to prohibit the budgeting of income for staff benefits or for	165784
student assistance in the form of payment of such instructional	165785
and general fees.	165786

Each state institution of higher education in its statement	165787
of charges to students shall separately identify the instructional	165788
fee, the general fee, the tuition charge, and the tuition	165789
surcharge. Fee charges to students for instruction shall not be	165790
considered to be a price of service but shall be considered to be	165791
an integral part of the state government financing program in	165792
support of higher educational opportunity for students.	165793

(C) The boards of trustees of state institutions of higher	165794
education shall ensure that faculty members devote a proper and	165795
judicious part of their work week to the actual instruction of	165796
students. Total class credit hours of production per academic term	165797
per full-time faculty member is expected to meet the standards set	165798
forth in the budget data submitted by the Chancellor of the Board	165799
of Regents.	165800

(D) The authority of government vested by law in the boards	165801
of trustees of state institutions of higher education shall in	165802
fact be exercised by those boards. Boards of trustees may consult	165803
extensively with appropriate student and faculty groups.	165804
Administrative decisions about the utilization of available	165805
resources, about organizational structure, about disciplinary	165806
procedure, about the operation and staffing of all auxiliary	165807
facilities, and about administrative personnel shall be the	165808
exclusive prerogative of boards of trustees. Any delegation of	165809
authority by a board of trustees in other areas of responsibility	165810
shall be accompanied by appropriate standards of guidance	165811
concerning expected objectives in the exercise of such delegated	165812
authority and shall be accompanied by periodic review of the	165813
exercise of this delegated authority to the end that the public	165814
interest, in contrast to any institutional or special interest,	165815
shall be served.	165816

Section 363.240. STUDENT SUPPORT SERVICES

165817

The foregoing appropriation item 235502, Student Support	165818
Services, shall be distributed by the Chancellor of the Board of	165819
Regents to Ohio's state colleges and universities that incur	165820
disproportionate costs in the provision of support services to	165821
disabled students.	165822

Section 363.250. WAR ORPHANS SCHOLARSHIPS

165823

The foregoing appropriation item 235504, War Orphans	165824
Scholarships, shall be used to reimburse state institutions of	165825
higher education for waivers of instructional fees and general	165826
fees provided by them, to provide grants to institutions that have	165827
received a certificate of authorization from the Chancellor of the	165828
Board of Regents under Chapter 1713. of the Revised Code, in	165829
accordance with the provisions of section 5910.04 of the Revised	165830
Code, and to fund additional scholarship benefits provided by	165831
section 5910.032 of the Revised Code.	165832

Section 363.260. OHIOLINK

165833

The foregoing appropriation item 235507, OhioLINK, shall be	165834
used by the Chancellor of the Board of Regents to support	165835
OhioLINK, a consortium organized under division (T) of section	165836
3333.04 of the Revised Code to serve as the state's electronic	165837
library information and retrieval system, which provides access	165838
statewide to an extensive set of electronic databases and	165839
resources, the library holdings of Ohio's public and participating	165840
private nonprofit colleges and universities, and the State Library	165841
of Ohio.	165842

Section 363.270. AIR FORCE INSTITUTE OF TECHNOLOGY

165843

The foregoing appropriation item 235508, Air Force Institute	165844
of Technology, shall be used to: (A) strengthen the research and	165845
educational linkages between the Wright Patterson Air Force Base	165846
and institutions of higher education in Ohio; and (B) support the	165847
Dayton Area Graduate Studies Institute, an engineering graduate	165848
consortium of Wright State University, the University of Dayton,	165849
and the Air Force Institute of Technology, with the participation	165850
of the University of Cincinnati and The Ohio State University.	165851

Section 363.280. OHIO SUPERCOMPUTER CENTER

165852

The foregoing appropriation item 235510, Ohio Supercomputer	165853
Center, shall be used by the Chancellor of the Board of Regents to	165854
support the operation of the Ohio Supercomputer Center, a	165855
consortium organized under division (T) of section 3333.04 of the	165856
Revised Code, located at The Ohio State University. The Ohio	165857
Supercomputer Center is a statewide resource available to Ohio	165858
research universities both public and private. It is also intended	165859
that the center be made accessible to private industry as	165860
appropriate.	165861

Funds shall be used, in part, to support the Ohio	165862
Supercomputer Center's Computational Science Initiative, which	165863
includes its industrial outreach program, Blue Collar Computing,	165864
and its School of Computational Science. These collaborations	165865
between the Ohio Supercomputer Center and Ohio's colleges and	165866
universities shall be aimed at making Ohio a leader in using	165867
computer modeling to promote economic development.	165868

Section 363.290. COOPERATIVE EXTENSION SERVICE

165869

The foregoing appropriation item 235511, Cooperative	165870
Extension Service, shall be disbursed through the Chancellor of	165871
the Board of Regents to The Ohio State University in monthly	165872
payments, unless otherwise determined by the Director of Budget	165873
and Management under section 126.09 of the Revised Code.	165874

Of the foregoing appropriation item 235511, Cooperative	165875
Extension Service, up to $30,000 in fiscal year 2014 shall be used	165876
to develop an in-school agriculturally based curriculum for	165877
inclusion within the regular classroom curriculum of an elementary	165878
school in the Cleveland Municipal School District and the	165879
Cincinnati City School District.	165880

Of the foregoing appropriation item 235511, Cooperative	165881
Extension Service, up to $73,450 in each fiscal year shall be used	165882
to support a City of Cleveland Program Manager tasked with	165883
preparing regular classroom teachers in one elementary school to	165884
recruit and train volunteers for an after-school 4-H Club.	165885

Of the foregoing appropriation item 235511, Cooperative	165886
Extension Service, $73,450 in each fiscal year shall be used to	165887
support a City of Cincinnati Program Manager tasked with preparing	165888
regular classroom teachers in one elementary school to recruit and	165889
train volunteers for an after-school 4-H Club.	165890

Section 363.300. CENTRAL STATE SUPPLEMENT

165891

The foregoing appropriation item 235514, Central State	165892
Supplement, shall be disbursed by the Chancellor of the Board of	165893
Regents to Central State University in accordance with the plan	165894
developed by the Chancellor and submitted to the Governor and the	165895
General Assembly as directed by Am. Sub. H.B. 153 of the 129th	165896
General Assembly. Funds shall be used in a manner consistent with	165897
the goals of increasing enrollment, improving course completion,	165898
and increasing the number of degrees conferred.	165899

The Chancellor shall monitor the implementation of the plan	165900
and the use of funds. Central State University shall provide any	165901
information requested by the Chancellor related to the	165902
implementation of the plan. If the Chancellor determines that	165903
Central State University's use of supplemental funds is not in	165904
accordance with the plan or if the plan is not having the desired	165905
effect, the Chancellor may notify Central State University that	165906
the plan is suspended. Upon receiving such notice, Central State	165907
University shall avoid all unnecessary expenditures under the	165908
plan. The Chancellor shall notify the Controlling Board of the	165909
suspension of the plan and within sixty days prepare a new plan	165910
for the use of any remaining funds.	165911

Section 363.310. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	165912
MEDICINE	165913

The foregoing appropriation item 235515, Case Western Reserve	165914
University School of Medicine, shall be disbursed to Case Western	165915
Reserve University through the Chancellor of the Board of Regents	165916
in accordance with agreements entered into under section 3333.10	165917
of the Revised Code, provided that the state support per full-time	165918
medical student shall not exceed that provided to full-time	165919
medical students at state universities.	165920

Section 363.313. WRIGHT STATE LAKE CAMPUS AGRICULTURAL	165921
PROGRAM	165922

The foregoing appropriation item 235516, Wright State Lake	165923
Campus Agricultural Program, shall be used to support the	165924
agricultural program at Wright State University's Lake Campus.	165925

Section 363.320. FAMILY PRACTICE

165926

The Chancellor of the Ohio Board of Regents shall develop	165927
plans consistent with existing criteria and guidelines as may be	165928
required for the distribution of appropriation item 235519, Family	165929
Practice.	165930

Section 363.330. SHAWNEE STATE SUPPLEMENT

165931

The foregoing appropriation item 235520, Shawnee State	165932
Supplement, shall be disbursed by the Chancellor of the Board of	165933
Regents to Shawnee State University in accordance with the plan	165934
developed by the Chancellor and submitted to the Governor and the	165935
General Assembly as directed by Am. Sub. H.B. 153 of the 129th	165936
General Assembly. Funds shall be used in a manner consistent with	165937
the goals of improving course completion, increasing the number of	165938
degrees conferred, and furthering the university's mission of	165939
service to the Appalachian region.	165940

The Chancellor shall monitor the implementation of the plan	165941
and the use of funds. Shawnee State University shall provide any	165942
information requested by the Chancellor related to the	165943
implementation of the plan. If the Chancellor determines that	165944
Shawnee State University's use of supplemental funds is not in	165945
accordance with the plan or if the plan is not having the desired	165946
effect, the Chancellor may notify Shawnee State University that	165947
the plan is suspended. Upon receiving such notice, Shawnee State	165948
University shall avoid all unnecessary expenditures under the	165949
plan. The Chancellor shall notify the Controlling Board of the	165950
suspension of the plan and within sixty days prepare a new plan	165951
for the use of any remaining funds.	165952

Section 363.333. YOUTH STEM COMMERCIALIZATION AND	165953
ENTREPRENEURSHIP PROGRAM	165954

The foregoing appropriation item 235523, Youth STEM	165955
Commercialization and Entrepreneurship Program, shall be used by	165956
the Chancellor of the Ohio Board of Regents to support the Youth	165957
STEM Commercialization and Entrepreneurship Program. The purpose	165958
of this program is to grow Ohio's next generation of	165959
entrepreneurs, to create jobs in Ohio by focusing on the practical	165960
application of science, technology, engineering, and mathematics	165961
(STEM), including medicine and health fields, and to innovate new	165962
products and services. The Youth STEM Commercialization and	165963
Entrepreneurship Program shall (1) conduct regional STEM forums	165964
for students and educators; (2) develop regional online high	165965
school and collegiate STEM commercialization and entrepreneurship	165966
content and courses; (3) create a statewide STEM commercialization	165967
and entrepreneurship mentoring network available to high school	165968
students anywhere in Ohio; and (4) conduct a statewide STEM	165969
Commercialization and Entrepreneurship Plan competition that	165970
includes incentive awards and scholarships for students and	165971
professional development and incentives for teacher participation.	165972
The competition and all aspects of the program shall be open to	165973
any Ohio high school student and shall include initiatives to	165974
engage minority, rural, and economically disadvantaged students	165975
anywhere in Ohio. The Youth STEM Commercialization and	165976
Entrepreneurship Program shall collaborate with Ohio's colleges	165977
and universities, existing STEM and entrepreneurship programs, and	165978
Ohio's STEM professional and trade associations to implement these	165979
provisions and to create the new products or services of the	165980
future, advance job creation in Ohio, and encourage enrollment at	165981
Ohio institutions of higher education.	165982

Section 363.340. POLICE AND FIRE PROTECTION

165983

The foregoing appropriation item 235524, Police and Fire	165984
Protection, shall be used for police and fire services in the	165985
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	165986
Portsmouth, Xenia Township (Greene County), Rootstown Township,	165987
and the City of Nelsonville that may be used to assist these local	165988
governments in providing police and fire protection for the	165989
central campus of the state-affiliated university located therein.	165990

Section 363.350. GERIATRIC MEDICINE

165991

The Chancellor of the Board of Regents shall develop plans	165992
consistent with existing criteria and guidelines as may be	165993
required for the distribution of appropriation item 235525,	165994
Geriatric Medicine.	165995

Section 363.360. PRIMARY CARE RESIDENCIES

165996

The Chancellor of the Board of Regents shall develop plans	165997
consistent with existing criteria and guidelines as may be	165998
required for the distribution of appropriation item 235526,	165999
Primary Care Residencies.	166000

The foregoing appropriation item 235526, Primary Care	166001
Residencies, shall be distributed in each fiscal year of the	166002
biennium, based on whether or not the institution has submitted	166003
and gained approval for a plan. If the institution does not have	166004
an approved plan, it shall receive five per cent less funding per	166005
student than it would have received from its annual allocation.	166006
The remaining funding shall be distributed among those	166007
institutions that meet or exceed their targets.	166008

Section 363.370. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	166009
CENTER	166010

The foregoing appropriation item 235535, Ohio Agricultural	166011
Research and Development Center, shall be disbursed through the	166012
Chancellor of the Board of Regents to The Ohio State University in	166013
monthly payments, unless otherwise determined by the Director of	166014
Budget and Management under section 126.09 of the Revised Code.	166015
The Ohio Agricultural Research and Development Center shall not be	166016
required to remit payment to The Ohio State University during the	166017
biennium ending June 30, 2015, for cost reallocation assessments.	166018
The cost reallocation assessments include, but are not limited to,	166019
any assessment on state appropriations to the Center.	166020

The Ohio Agricultural Research and Development Center, an	166021
entity of the College of Food, Agricultural, and Environmental	166022
Sciences of The Ohio State University, shall further its mission	166023
of enhancing Ohio's economic development and job creation by	166024
continuing to internally allocate on a competitive basis	166025
appropriated funding of programs based on demonstrated	166026
performance. Academic units, faculty, and faculty-driven programs	166027
shall be evaluated and rewarded consistent with agreed-upon	166028
performance expectations as called for in the College's	166029
Expectations and Criteria for Performance Assessment.	166030

Section 363.380. STATE UNIVERSITY CLINICAL TEACHING

166031

The foregoing appropriation items 235536, The Ohio State	166032
University Clinical Teaching; 235537, University of Cincinnati	166033
Clinical Teaching; 235538, University of Toledo Clinical Teaching;	166034
235539, Wright State University Clinical Teaching; 235540, Ohio	166035
University Clinical Teaching; and 235541, Northeast Ohio Medical	166036
University Clinical Teaching, shall be distributed through the	166037
Chancellor of the Board of Regents.	166038

Section 363.390. CAPITAL COMPONENT

166039

The foregoing appropriation item 235552, Capital Component,	166040
shall be used by the Chancellor of the Board of Regents to provide	166041
funding for prior commitments made pursuant to the state's former	166042
capital funding policy for state colleges and universities that	166043
was originally established in Am. H.B. 748 of the 121st General	166044
Assembly. Appropriations from this item shall be distributed to	166045
all campuses for which the estimated campus debt service	166046
attributable to qualifying capital projects was less than the	166047
campus's formula-determined capital component allocation. Campus	166048
allocations shall be determined by subtracting the estimated	166049
campus debt service attributable to qualifying capital projects	166050
from the campus's formula-determined capital component allocation.	166051
Moneys distributed from this appropriation item shall be	166052
restricted to capital-related purposes.	166053

Any campus for which the estimated campus debt service	166054
attributable to qualifying capital projects is greater than the	166055
campus's formula-determined capital component allocation shall	166056
have the difference subtracted from its State Share of Instruction	166057
allocation in each fiscal year. Appropriation equal to the sum of	166058
all such amounts except that of the Ohio Agricultural Research and	166059
Development Center shall be transferred from appropriation item	166060
235501, State Share of Instruction, to appropriation item 235552,	166061
Capital Component. Appropriation equal to any estimated Ohio	166062
Agricultural Research and Development Center debt service	166063
attributable to qualifying capital projects that is greater than	166064
the Center's formula-determined capital component allocation shall	166065
be transferred from appropriation item 235535, Ohio Agricultural	166066
Research and Development Center, to appropriation item 235552,	166067
Capital Component.	166068

Section 363.400. LIBRARY DEPOSITORIES

166069

The foregoing appropriation item, 235555, Library	166070
Depositories, shall be distributed to the state's five regional	166071
depository libraries for the cost-effective storage of and access	166072
to lesser-used materials in university library collections. The	166073
depositories shall be administrated by the Chancellor of the Board	166074
of Regents, or by OhioLINK at the discretion of the Chancellor.	166075

Section 363.410. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

166076

The foregoing appropriation item 235556, Ohio Academic	166077
Resources Network, shall be used by the Chancellor of the Board of	166078
Regents to support the operations of the Ohio Academic Resources	166079
Network, a consortium organized under division (T) of section	166080
3333.04 of the Revised Code, which shall include support for	166081
Ohio's colleges and universities in maintaining and enhancing	166082
network connections, using new network technologies to improve	166083
research, education, and economic development programs, and	166084
sharing information technology services. To the extent network	166085
capacity is available, OARnet shall support allocating bandwidth	166086
to eligible programs directly supporting Ohio's economic	166087
development.	166088

Section 363.420. LONG-TERM CARE RESEARCH

166089

The foregoing appropriation item 235558, Long-term Care	166090
Research, shall be disbursed to Miami University for long-term	166091
care research.	166092

Section 363.430. OHIO COLLEGE OPPORTUNITY GRANT

166093

(A) Except as provided in division (C) of this section:

166094

Of the foregoing appropriation item 235563, Ohio College	166095
Opportunity Grant, $41,000,000 in each fiscal year shall be used	166096
by the Chancellor of the Board of Regents to award need-based	166097
financial aid to students enrolled in eligible four-year public	166098
institutions of higher education, excluding early college high	166099
school and post-secondary enrollment option participants.	166100

Of the foregoing appropriation item 235563, Ohio College	166101
Opportunity Grant, $41,000,000 in each fiscal year shall be used	166102
by the Chancellor of the Board of Regents to award need-based	166103
financial aid to students enrolled in eligible private nonprofit	166104
institutions of higher education, excluding early college high	166105
school and post-secondary enrollment option participants.	166106

The remainder of the foregoing appropriation item 235563,	166107
Ohio College Opportunity Grant, shall be used by the Chancellor of	166108
the Board of Regents to award needs-based financial aid to	166109
students enrolled in eligible private for-profit career colleges	166110
and schools.	166111

(B)(1) As used in this section:

166112

(a) "Eligible institution" means any institution described in	166113
divisions (B)(2)(a) to (c) of section 3333.122 of the Revised	166114
Code.	166115

(b) The three "sectors" of institutions of higher education	166116
consist of the following:	166117

(i) State colleges and universities, community colleges,	166118
state community colleges, university branches, and technical	166119
colleges;	166120

(ii) Eligible private nonprofit institutions of higher	166121
education;	166122

(iii) Eligible private for-profit career colleges and	166123
schools.	166124

(2) If the Chancellor determines that the amounts	166125
appropriated for support of the Ohio College Opportunity Grant	166126
program are inadequate to provide grants to all eligible students	166127
as calculated under division (D) of section 3333.122 of the	166128
Revised Code, the Chancellor may create a distribution formula for	166129
fiscal year 2014 and fiscal year 2015 based on the formula used in	166130
fiscal year 2013, or may follow methods established in division	166131
(C)(1)(a) or (b) of section 3333.122 of the Revised Code. The	166132
Chancellor shall notify the Controlling Board of the distribution	166133
method. Any formula calculated under this division shall be	166134
complete and established to coincide with the start of the	166135
2013-2014 academic year.	166136

(C) Prior to determining the amount of funds available to	166137
award under this section and section 3333.122 of the Revised Code,	166138
the Chancellor shall use the foregoing appropriation item 235563,	166139
Ohio College Opportunity Grant, to pay for renewals or partial	166140
renewals of scholarships students receive under the Ohio Academic	166141
Scholarship Program under sections 3333.21 and 3333.22 of the	166142
Revised Code. In paying for scholarships under this division, the	166143
Chancellor shall deduct funds from the allocations made under	166144
division (A) of this section. Deductions shall be proportionate to	166145
the amounts allocated to each sector from the total amounts	166146
appropriated for each sector under the foregoing appropriation	166147
item 235563, Ohio College Opportunity Grant.	166148

In each fiscal year, with the exception of sections 3333.121	166149
and 3333.124 of the Revised Code and Section 363.530 of this act,	166150
the Chancellor shall not distribute or obligate or commit to be	166151
distributed an amount greater than what is appropriated under the	166152
foregoing appropriation item 235563, Ohio College Opportunity	166153
Grant.	166154

(D) The Chancellor shall establish, and post on the Ohio	166155
Board of Regents' web site, award tables based on any formulas	166156
created under division (B) of this section. The Chancellor shall	166157
notify students and institutions of any reductions in awards under	166158
this section.	166159

On or before August 31, 2013, the Chancellor of the Board of	166160
Regents shall submit award tables to the Controlling Board for the	166161
2013-2014 academic year and allocations of Ohio College	166162
Opportunity Grant awards not already specified in section 3333.122	166163
of the Revised Code.	166164

(E) Notwithstanding section 3333.122 of the Revised Code, no	166165
student shall be eligible to receive an Ohio College Opportunity	166166
Grant for more than ten semesters, fifteen quarters, or the	166167
equivalent of five academic years, less the number of semesters or	166168
quarters in which the student received an Ohio Instructional	166169
Grant.	166170

Section 363.440. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

166171

The foregoing appropriation item 235572, The Ohio State	166172
University Clinic Support, shall be distributed through the	166173
Chancellor of the Board of Regents to The Ohio State University	166174
for support of dental and veterinary medicine clinics.	166175

Section 363.450. NATIONAL GUARD SCHOLARSHIP PROGRAM

166176

The Chancellor of the Board of Regents shall disburse funds	166177
from appropriation item 235599, National Guard Scholarship	166178
Program. During each fiscal year, the Chancellor of the Board of	166179
Regents, within ten days of cancellation, may certify to the	166180
Director of Budget and Management the amount of canceled	166181
prior-year encumbrances in appropriation item 235599, National	166182
Guard Scholarship Program. Upon receipt of the certification, the	166183
Director of Budget and Management may transfer cash in an amount	166184
up to the amount certified from the General Revenue Fund to the	166185
National Guard Scholarship Reserve Fund (Fund 5BM0). The	166186
Chancellor of the Board of Regents shall seek Controlling Board	166187
approval to authorize additional expenditures for appropriation	166188
item 235623, National Guard Scholarship Reserve Fund. Upon	166189
approval of the Controlling Board, the additional amounts are	166190
hereby appropriated. The Chancellor of the Board of Regents shall	166191
disburse funds from appropriation item 235623, National Guard	166192
Scholarship Reserve Fund.	166193

Section 363.460. PLEDGE OF FEES

166194

Any new pledge of fees, or new agreement for adjustment of	166195
fees, made in the biennium ending June 30, 2015, to secure bonds	166196
or notes of a state institution of higher education for a project	166197
for which bonds or notes were not outstanding on the effective	166198
date of this section shall be effective only after approval by the	166199
Chancellor of the Board of Regents, unless approved in a previous	166200
biennium.	166201

Section 363.470. HIGHER EDUCATION GENERAL OBLIGATION DEBT	166202
SERVICE	166203

The foregoing appropriation item 235909, Higher Education	166204
General Obligation Debt Service, shall be used to pay all debt	166205
service and related financing costs at the times they are required	166206
to be made during the period from July 1, 2013, through June 30,	166207
2015, for obligations issued under sections 151.01 and 151.04 of	166208
the Revised Code.	166209

Section 363.480. SALES AND SERVICES

166210

The Chancellor of the Board of Regents is authorized to	166211
charge and accept payment for the provision of goods and services.	166212
Such charges shall be reasonably related to the cost of producing	166213
the goods and services. Except as otherwise provided by law, no	166214
charges may be levied for goods or services that are produced as	166215
part of the routine responsibilities or duties of the Chancellor.	166216
All revenues received by the Chancellor of the Board of Regents	166217
shall be deposited into Fund 4560, and may be used by the	166218
Chancellor of the Board of Regents to pay for the costs of	166219
producing the goods and services.	166220

Section 363.483. CO-OP INTERNSHIP PROGRAM

166221

Of the foregoing appropriation item 235649, Co-op Internship	166222
Program, $200,000 in each fiscal year shall be used to support the	166223
Museum of Contemporary Art Cleveland fellowship program in	166224
collaboration with Cleveland State University.	166225

Of the foregoing appropriation item 235649, Co-op Internship	166226
Program, $75,000 in each fiscal year shall be used by the	166227
Chancellor of the Board of Regents to support the operations of	166228
Ohio University's Voinovich School.	166229

Of the foregoing appropriation item 235649, Co-op Internship	166230
Program, $75,000 in each fiscal year, shall be used by the	166231
Chancellor of the Board of Regents to support the operations of	166232
The Ohio State University's John Glenn School of Public Affairs.	166233

Of the foregoing appropriation item 235649, Co-op Internship	166234
Program, $75,000 in each fiscal year shall be used to support the	166235
Bliss Institute of Applied Politics at the University of Akron.	166236

Of the foregoing appropriation item 235649, Co-op Internship	166237
Program, $75,000 in each fiscal year shall be used to support the	166238
Center for Public Management and Regional Affairs at Miami	166239
University.	166240

Of the foregoing appropriation item 235649, Co-op Internship	166241
Program, $150,000 in each fiscal year shall be used to support the	166242
Washington Center Internship Program.	166243

Of the foregoing appropriation item 235649, Co-op Internship	166244
Program, $150,000 in each fiscal year shall be used to support the	166245
Ohio Center for the Advancement of Women in Public Service at the	166246
Maxine Goodman Levin College of Urban Affairs at Cleveland State	166247
University.	166248

Of the foregoing appropriation item 235649, Co-op Internship	166249
Program, $75,000 in each fiscal year shall be used to support the	166250
University of Cincinnati Internship Program.	166251

Of the foregoing appropriation item 235649, Co-op Internship	166252
Program, $75,000 in each fiscal year shall be used by the	166253
Chancellor of the Board of Regents to support the operations of	166254
the Center for Regional Development at Bowling Green State	166255
University.	166256

Of the foregoing appropriation item 235649, Co-op Internship	166257
Program, $75,000 in each fiscal year shall be used by the	166258
Chancellor of the Board of Regents to support the operations of	166259
the Institute for Defense Studies at Wright State University.	166260

Of the foregoing appropriation item 235649, Co-op Internship	166261
Program, $75,000 in each fiscal year shall be used to support the	166262
Kent State University Columbus Program.	166263

Of the foregoing appropriation item 235649, Co-op Internship	166264
Program, $75,000 in each fiscal year shall be used to support the	166265
University of Toledo Urban Affairs Center.	166266

Of the foregoing appropriation item 235649, Co-op Internship	166267
Program, $10,000 in each fiscal year shall be provided to the Ohio	166268
College Access Network to support the Ohio Student Education	166269
Policy Institute.	166270

Of the foregoing appropriation item 235649, Co-op Internship	166271
Program, $75,000 in each fiscal year shall be used to support the	166272
Center for Urban and Regional Studies at Youngstown State	166273
University.	166274

Section 363.485. DEFENSE/AEROSPACE WORKFORCE DEVELOPMENT	166275
INITIATIVE	166276

The foregoing appropriation item 235668, Defense/Aerospace	166277
Workforce Development Initiative, shall be used by the	166278
Defense/Aerospace Graduate Studies Institute, to collaborate with	166279
the aviation, aerospace, and defense industries, to strengthen job	166280
training programs, equip Ohio's workforce with needed skills, and	166281
strengthen and grow research and educational linkages among Ohio's	166282
defense and aerospace aviation industry, federal agencies,	166283
state-assisted Ohio universities, and the University System of	166284
Ohio. A portion of the foregoing appropriation item 235668,	166285
Defense/Aerospace Workforce Development Initiative, shall be	166286
allocated to develop a strategic plan to align the University	166287
System of Ohio's research and workforce development assets with	166288
the workforce needs of public and private sector employers. A	166289
portion of these funds shall be used to support the Aerospace	166290
Professional Development Center to establish processes necessary	166291
to link underemployed or unemployed persons to job openings in	166292
these industries. The funds appropriated in this appropriation	166293
item shall be matched by private industry or educational partners	166294
or federal agencies in the aggregate amount of $4,000,000 over the	166295
FY 2014–FY 2015 biennium.	166296

Section 363.487. MANUFACTURING WORKFORCE DEVELOPMENT	166297
INITIATIVE	166298

Of the foregoing appropriation item 235685, Manufacturing	166299
Workforce Development Initiative, $1,000,000 in fiscal year 2014	166300
shall be used for a demonstration project to purchase portable	166301
welding stations made from large shipping containers and high	166302
level advanced training equipment for use by Lorain County	166303
Community College.	166304

Of the foregoing appropriation item 235685, Manufacturing	166305
Workforce Development Initiative, $1,000,000 in fiscal year 2014	166306
shall be used for a demonstration project to purchase portable	166307
welding stations made from large shipping containers and high	166308
level advanced training equipment for use at the Point Industrial	166309
Park in South Point.	166310

Section 363.490. HIGHER EDUCATIONAL FACILITY COMMISSION	166311
ADMINISTRATION	166312

The foregoing appropriation item 235602, Higher Educational	166313
Facility Commission Administration, shall be used by the	166314
Chancellor of the Board of Regents for operating expenses related	166315
to the Chancellor of the Board of Regents' support of the	166316
activities of the Ohio Higher Educational Facility Commission.	166317
Upon the request of the Chancellor, the Director of Budget and	166318
Management may transfer up to $29,100 cash in each fiscal year	166319
from the HEFC Operating Expenses Fund (Fund 4610) to the HEFC	166320
Administration Fund (Fund 4E80).	166321

Section 363.500. NURSING LOAN PROGRAM

166322

The foregoing appropriation item 235606, Nursing Loan	166323
Program, shall be used to administer the nurse education	166324
assistance program. Up to $50,000 in each fiscal year may be used	166325
for operating expenses associated with the program. Any additional	166326
funds needed for the administration of the program are subject to	166327
Controlling Board approval.	166328

Section 363.510. TELECOMMUNITY AND DISTANCE LEARNING

166329

Of the foregoing appropriation item 235674, Telecommunity and	166330
Distance Learning, up to $25,000 in each fiscal year shall be	166331
distributed by the Chancellor of the Board of Regents on a grant	166332
basis to eligible school districts to establish "distance	166333
learning" through interactive video technologies in the school	166334
district. Per agreements with eight Ohio local telephone	166335
companies, ALLTEL Ohio, CENTURY Telephone of Ohio, Chillicothe	166336
Telephone Company, Cincinnati Bell Telephone Company, Orwell	166337
Telephone Company, Sprint North Central Telephone, VERIZON, and	166338
Western Reserve Telephone Company, school districts are eligible	166339
for funds if they are within one of the listed telephone company	166340
service areas. Funds to administer the program shall be expended	166341
by the Chancellor of the Board of Regents up to the amount	166342
specified in the agreements with the listed telephone companies.	166343

Within thirty days after the effective date of this section,	166344
the Director of Budget and Management shall transfer to Fund 4X10	166345
in the State Special Revenue Fund Group any investment earnings	166346
from moneys paid by any telephone company as part of any	166347
settlement agreement between the listed companies and the Public	166348
Utilities Commission in fiscal years 1996 and beyond.	166349

Of the foregoing appropriation item 235674, Telecommunity and	166350
Distance Learning, up to $24,150 in each fiscal year shall be	166351
distributed by the Chancellor of the Board of Regents on a grant	166352
basis to eligible school districts to establish "distance	166353
learning" in the school district. Per an agreement with Ameritech,	166354
school districts are eligible for funds if they are within an	166355
Ameritech service area. Funds to administer the program shall be	166356
expended by the Chancellor of the Board of Regents up to the	166357
amount specified in the agreement with Ameritech.	166358

Within thirty days after the effective date of this section,	166359
the Director of Budget and Management shall transfer to Fund 4X10	166360
in the State Special Revenue Fund Group any investment earnings	166361
from moneys paid by any telephone company as part of a settlement	166362
agreement between the company and the Public Utilities Commission	166363
in fiscal year 1995.	166364

Section 363.520. VETERANS PREFERENCES

166365

The Chancellor of the Board of Regents shall work with the	166366
Department of Veterans Services to develop specific veterans	166367
preference guidelines for higher education institutions. These	166368
guidelines shall ensure that the institutions' hiring practices	166369
are in accordance with the intent of Ohio's veterans preference	166370
laws.	166371

Section 363.530. STATE NEED-BASED FINANCIAL AID	166372
RECONCILIATION	166373

By the first day of August in each fiscal year, or as soon as	166374
possible thereafter, the Chancellor of the Board of Regents shall	166375
certify to the Director of Budget and Management the amount	166376
necessary to pay any outstanding prior year obligations to higher	166377
education institutions for the state's need-based financial aid	166378
programs. The amounts certified are hereby appropriated to	166379
appropriation item 235618, State Need-based Financial Aid	166380
Reconciliation, from revenues received in the State Need-based	166381
Financial Aid Reconciliation Fund (Fund 5Y50).	166382

Section 363.540. (A) As used in this section:

166383

(1) "Board of trustees" includes the managing authority of a	166384
university branch district.	166385

(2) "State institution of higher education" has the same	166386
meaning as in section 3345.011 of the Revised Code.	166387

(B) The board of trustees of any state institution of higher	166388
education, notwithstanding any rule of the institution to the	166389
contrary, may adopt a policy providing for mandatory furloughs of	166390
employees, including faculty, to achieve spending reductions	166391
necessitated by institutional budget deficits.	166392

Section 363.550. EFFICIENCY ADVISORY COMMITTEE

166393

The Chancellor of the Board of Regents shall establish an	166394
efficiency advisory committee for the purpose of generating	166395
optimal efficiency plans for campuses, identifying shared services	166396
opportunities, and sharing best practices. The efficiency advisory	166397
committee shall also explore methods for reducing the costs for	166398
students for textbooks and other education resource materials. The	166399
committee shall meet at the call of the Chancellor or the	166400
Chancellor's designee, but at least quarterly. Each state	166401
institution of higher education shall designate an employee to	166402
serve as its efficiency officer responsible for the evaluation and	166403
improvement of operational efficiencies on campus. Each efficiency	166404
officer shall serve on the efficiency advisory committee.	166405

By December 31 of each year, the Efficiency Advisory	166406
Committee shall provide a report to the Office of Budget and	166407
Management, the Governor, and the General Assembly compiling the	166408
operational efficiency plans for all institutions of higher	166409
education and benchmarking efficiency gains realized over the	166410
preceding year and progress in implementing the prior year's	166411
efficiency plan. The report shall also be made available to the	166412
public on the Ohio Board of Regents web site.	166413

Section 363.570. (A) TRANSFER OF DUTIES AND EMPLOYEES

166414

(1) On July 1, 2013, all responsibilities related to the	166415
administration of the Telecommunity Fund and the Distance Learning	166416
Fund, as well as for technology-related teacher professional	166417
development programs, are transferred from the former eTech Ohio	166418
Commission to the Chancellor of the Board of Regents as described	166419
in sections 3317.50, 3317.51, and 3319.235 of the Revised Code, as	166420
amended by this act. The Chancellor is thereupon and thereafter	166421
successor to, assumes the obligations of, and otherwise	166422
constitutes the continuation of the eTech Ohio Commission relating	166423
to the functions, assets, records, and obligations relating to	166424
these responsibilities.	166425

(2) Any business related to these responsibilities commenced	166426
but not completed by the former eTech Ohio Commission shall be	166427
completed by the Chancellor in the same manner, and with the same	166428
effect, as if completed by the eTech Ohio Commission. No	166429
validation, cure, right, privilege, remedy, obligation, or	166430
liability is lost or impaired by reason of the transfer, and shall	166431
be recognized, administered, performed, or enforced by the	166432
Chancellor.	166433

(3) All of the rules of the former eTech Ohio Commission	166434
related to these responsibilities continue in effect as rules of	166435
the Chancellor, until amended or rescinded by the Chancellor.	166436

(4) Any judicial or administrative action or proceeding	166437
related to these responsibilities, in which the eTech Ohio	166438
Commission is a party, that is pending on the effective date of	166439
this section is affected by the transfer. Such action or	166440
proceeding shall be prosecuted or defended in the name of the	166441
Chancellor. On application to the court or other tribunal, the	166442
Chancellor of the Board of Regents shall be substituted for the	166443
eTech Ohio Commission as a party to such action or proceeding.	166444

(5) Subject to the lay-off provisions of sections 124.321 to	166445
124.328 and division (D) of section 3353.03 of the Revised Code,	166446
as amended by this act, all employees of the former eTech Ohio	166447
Commission assigned to these responsibilities continue with the	166448
Chancellor and retain their positions and all benefits accruing	166449
thereto.	166450

(6) All books, records, documents, files, transcripts,	166451
equipment, furniture, supplies, and other materials related to	166452
these responsibilities assigned to or in the possession of the	166453
former eTech Ohio Commission shall be transferred to the	166454
Chancellor.	166455

(7) All employees of the former eTech Ohio Commission who	166456
transferred to the Chancellor of the Board of Regents upon the	166457
reconstitution of the Commission as prescribed by Section 278.20	166458
of H.B. 59 of the 130th General Assembly and who when employed by	166459
that Commission or a predecessor agency were included in a	166460
bargaining unit established under Chapter 4117. of the Revised	166461
Code, shall continue to be included in that bargaining unit, are	166462
public employees as defined in section 4117.01 of the Revised	166463
Code, and may collectively bargain with the Chancellor in	166464
accordance with that chapter. Otherwise, any employee hired by the	166465
Chancellor after the reconstitution of the Commission, either to	166466
fill vacancies or to fill new positions related to the transferred	166467
employees' duties, shall be exempt from Chapter 4117. of the	166468
Revised Code and shall not be public employees as defined in	166469
section 4117.01 of the Revised Code.	166470

(B) FUND ABOLITION

166471

On July 1, 2013, or as soon as possible thereafter, the	166472
Director of Budget and Management shall transfer the cash balance	166473
in the eTech Ohio Telecommunity Education Fund (Fund 4W90) to the	166474
Distance Learning Fund (Fund 4X10). Upon completion of the	166475
transfer, the eTech Ohio Telecommunity Education Fund (Fund	166476
4W90)is hereby abolished.	166477

166478

Effective July 1, 2013, the Director of Budget and Management	166479
shall cancel any existing encumbrances against appropriation item	166480
935408, General Operations, and re-establish them, as determined	166481
to be appropriate by the Director of Budget and Management,	166482
against appropriation item 235480, General Technology Operations.	166483
The re-established encumbrance amounts are hereby appropriated.	166484
Any business commenced but not completed under appropriation item	166485
935408, General Operations, by July 1, 2013, shall be completed,	166486
as determined to be appropriate by the Director of Budget and	166487
Management, under appropriation item 235480, General Technology	166488
Operations, in the same manner and with the same effect as if it	166489
were completed with regard to appropriation item 935408, General	166490
Operations.	166491

Effective July 1, 2013, the Director of Budget and Management	166492
shall cancel any existing encumbrances against appropriation item	166493
935411, Technology Integration and Professional Development, and	166494
re-establish them, as determined to be appropriate by the Director	166495
of Budget and Management, against appropriation item 235483,	166496
Technology Integration and Professional Development. The	166497
re-established encumbrance amounts are hereby appropriated. Any	166498
business commenced but not completed under appropriation item	166499
935411, Technology Integration and Professional Development, by	166500
July 1, 2013, shall be completed, as determined to be appropriate	166501
by the Director of Budget and Management, under appropriation item	166502
235483, Technology Integration and Professional Development, in	166503
the same manner and with the same effect as if it were completed	166504
with regard to appropriation item 935411, Technology Integration	166505
and Professional Development.	166506

Effective July 1, 2013, the Director of Budget and Management	166507
shall cancel any existing encumbrances against appropriation item	166508
935640, Conference/Special Purposes, and re-establish them against	166509
appropriation item 235675, Conference/Special Purposes. The	166510
re-established encumbrance amounts are hereby appropriated. Any	166511
business commenced but not completed under appropriation item	166512
935640, Conference/Special Purposes, by July 1, 2013, shall be	166513
completed under appropriation item 235675, Conference/Special	166514
Purposes, in the same manner and with the same effect as if it	166515
were completed with regard to appropriation item 935640,	166516
Conference/Special Purposes.	166517

Effective July 1, 2013, the Director of Budget and Management	166518
shall cancel any existing encumbrances against appropriation item	166519
935630, Telecommunity, and cancel any existing encumbrances	166520
against appropriation item 935634, Distance Learning, and	166521
re-establish them against appropriation item 235674, Telecommunity	166522
and Distance Learning. The re-established encumbrance amounts are	166523
hereby appropriated. Any business commenced but not completed	166524
under appropriation items 935630, Telecommunity, and 935634,	166525
Distance Learning, by July 1, 2013, shall be completed under	166526
appropriation item 235674, Telecommunity and Distance Learning, in	166527
the same manner and with the same effect as if it were completed	166528
with regard to appropriation items 935630, Telecommunity, and	166529
935634, Distance Learning.	166530

Effective July 1, 2013, notwithstanding any provision of the	166531
law to the contrary, and if requested by the Chancellor of the	166532
Board of Regents, the Director of Budget and Management may make	166533
budget changes made necessary by the transfer of the operations	166534
and related management functions of the former eTech Ohio	166535
Commission to the Chancellor of the Board of Regents, if any,	166536
including administrative organization, program transfers, the	166537
creation of new funds, the transfer of state funds, the	166538
consolidation of funds, and the transfer of capital	166539
appropriations, as authorized by this section. The Director of	166540
Budget and Management may, if necessary, establish prior year	166541
encumbrances or parts of prior year encumbrances of the former	166542
eTech Ohio Commission with the Chancellor of the Board of Regents	166543
in the appropriate fund and appropriation item for the same	166544
purpose and for payment to the same vendor in fiscal year 2014 or	166545
fiscal year 2015. The established encumbrances plus any additional	166546
amounts determined to be necessary for the Chancellor of the Board	166547
of Regents to perform the operations and related management	166548
functions of the former eTech Ohio Commission are hereby	166549
appropriated.	166550

(D) CONFERENCE OPERATION OFFICE

166551

Beginning in fiscal year 2014, the annual eTech Ohio	166552
Conference will be overseen by a Conference Operation Office	166553
comprised of employees of the Chancellor of the Board of Regents	166554
and Department of Education, including former employees of the	166555
eTech Ohio Commission transferred to the Chancellor of the Board	166556
of Regents and the Department of Education. The Office shall be	166557
responsible for conferences that focus on professional development	166558
in the education field, educational technology, distance learning,	166559
and other education topics pertinent to the State of Ohio.	166560

Section 363.580. ELECTRONIC TEXTBOOK PILOT PROJECT

166561

(A) The Electronic Textbook Pilot Project is hereby	166562
established to provide grants on a competitive basis to public and	166563
chartered nonpublic schools to purchase digital texts, as defined	166564
in section 3317.06 of the Revised Code and electronic educational	166565
content through the state's electronic distance learning	166566
clearinghouse established in section 3333.81 to 3333.88 of the	166567
Revised Code, and professional development and training resources.	166568
The Electronic Textbook Pilot Project shall be administered by the	166569
Chancellor of the Board of Regents.	166570

(B) The Chancellor shall have the authority to set the grant	166571
criteria, to select grant recipients, and to review and assess the	166572
alignment of courses offered through the distance learning	166573
clearinghouse established in section 3333.81 to 3333.88 of the	166574
Revised Code with the academic content standards adopted under	166575
division (A) of section 3301.079 of the Revised Code. In awarding	166576
grants under this section, the Chancellor shall establish the	166577
criteria for determining which applicants will be considered a	166578
priority for receiving grant funds.	166579

(C) Not later than January 31, 2014, the Chancellor shall	166580
issue a request for proposals from eligible schools.	166581

(D) Not later than May 31, 2014, the Chancellor shall award	166582
to public and chartered nonpublic schools grants for use during	166583
the 2014-2015 school year.	166584

(E) The Chancellor and Superintendent of Public Instruction	166585
jointly shall notify schools of and promote participation in the	166586
pilot project.	166587

(F) Not later than December 31, 2015, the Chancellor shall	166588
submit to the Governor and the General Assembly, in accordance	166589
with section 101.68 of the Revised Code, a formative evaluation of	166590
the implementation and results of the pilot project and	166591
legislative recommendations for any changes in the pilot project.	166592

(G) The number of grants awarded under this section shall not	166593
exceed the number that can be funded with appropriations made by	166594
the General Assembly for this purpose.	166595

Section 363.590. COLLEGE CREDIT PLUS PROGRAM

166596

The Chancellor shall make recommendations to the General	166597
Assembly to establish the College Credit Plus program, whereby	166598
high school students may earn credits through Ohio institutions of	166599
higher education. The Chancellor shall consult with the	166600
Inter-University Council of Ohio, the Association of Independent	166601
Colleges and Universities of Ohio, the Ohio Association of	166602
Community Colleges, and the Superintendent of Public Instruction	166603
in developing the recommendations. The Chancellor shall provide a	166604
report of the recommendation to the Governor, the President of the	166605
Senate, and the Speaker of the House of Representatives by	166606
December 31, 2013, for implementation in the 2014-2015 academic	166607
year.	166608

Section 365.10. DRC DEPARTMENT OF REHABILITATION AND	166609
CORRECTION	166610

General Revenue Fund	166611

GRF	501321	Institutional Operations	$	883,768,015	$	873,724,802	166612
GRF	501403	Prisoner Compensation	$	6,000,000	$	6,000,000	166613
GRF	501405	Halfway House	$	45,049,356	$	46,024,108	166614
GRF	501406	Lease Rental Payments	$	104,099,500	$	99,534,800	166615
GRF	501407	Community Nonresidential Programs	$	34,187,858	$	34,314,390	166616
GRF	501408	Community Misdemeanor Programs	$	12,856,800	$	12,856,800	166617
GRF	501501	Community Residential Programs - CBCF	$	63,345,972	$	66,150,781	166618
GRF	503321	Parole and Community Operations	$	64,480,938	$	65,029,680	166619
GRF	504321	Administrative Operations	$	20,659,664	$	20,907,476	166620
GRF	505321	Institution Medical Services	$	243,289,774	$	254,139,452	166621
GRF	506321	Institution Education Services	$	19,102,051	$	19,112,418	166622
TOTAL GRF General Revenue Fund			$	1,496,839,928	$	1,497,794,707	166623

General Services Fund Group	166624

1480	501602	Institutional Services	$	3,139,577	$	3,139,577	166625
2000	501607	Ohio Penal Industries	$	41,393,226	$	40,609,872	166626
4830	501605	Property Receipts	$	582,086	$	582,086	166627
4B00	501601	Sewer Treatment Services	$	2,023,671	$	2,067,214	166628
4D40	501603	Prisoner Programs	$	17,499,255	$	17,499,255	166629
4L40	501604	Transitional Control	$	1,113,120	$	1,113,120	166630
4S50	501608	Education Services	$	4,114,782	$	4,114,782	166631
5710	501606	Training Academy Receipts	$	125,000	$	125,000	166632
5930	501618	Laboratory Services	$	3,750,000	$	0	166633
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	166634
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	166635
5L60	501611	Information Technology Services	$	250,000	$	250,000	166636
TOTAL GSF General Services Fund Group			$	77,430,717	$	72,940,906	166637

Federal Special Revenue Fund Group	166638

3230	501619	Federal Grants	$	7,132,943	$	7,132,943	166639
TOTAL FED Federal Special Revenue							166640
Fund Group			$	7,132,943	$	7,132,943	166641

TOTAL ALL BUDGET FUND GROUPS

1,581,403,588

1,577,868,556

166642

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	166643
SENTENCING REFORMS	166644

For the purposes of implementing criminal sentencing reforms,	166645
and notwithstanding any other provision of law to the contrary,	166646
the Director of Budget and Management, at the request of the	166647
Director of Rehabilitation and Correction, may transfer up to	166648
$14,000,000 in appropriations, in each of fiscal years 2014 and	166649
2015, from appropriation item 501321, Institutional Operations, to	166650
any combination of appropriation items 501405, Halfway House;	166651
501407, Community Residential Programs; 501408, Community	166652
Misdemeanor Programs; and 501501, Community Residential Programs -	166653
CBCF.	166654

LEASE RENTAL PAYMENTS

166655

The foregoing appropriation item 501406, Lease Rental	166656
Payments, shall be used to meet all payments at the times they are	166657
required to be made during the period from July 1, 2013, through	166658
June 30, 2015, by the Department of Rehabilitation and Correction	166659
under the primary leases and agreements for those buildings made	166660
under Chapters 152. and 154. of the Revised Code. These	166661
appropriations are the source of funds pledged for bond service	166662
charges on related obligations issued under Chapters 152. and 154.	166663
of the Revised Code.	166664

OSU MEDICAL CHARGES

166665

Notwithstanding section 341.192 of the Revised Code, at the	166666
request of the Department of Rehabilitation and Correction, The	166667
Ohio State University Medical Center, including the Arthur G.	166668
James Cancer Hospital and Richard J. Solove Research Institute and	166669
the Richard M. Ross Heart Hospital, shall provide necessary care	166670
to persons who are confined in state adult correctional	166671
facilities. The provision of necessary care shall be billed to the	166672
Department at a rate not to exceed the authorized reimbursement	166673
rate for the same service established by the Department of	166674
Medicaid under the Medicaid Program.	166675

CORRECTIVE CASH TRANSFER

166676

At the request of the Director of Rehabilitation and	166677
Correction, the Director of Budget and Management may transfer an	166678
amount not to exceed $2,391 in cash that was mistakenly deposited	166679
in the Federal Grants Fund (Fund 3230) to the General Revenue	166680
Fund.	166681

Section 369.10. RCB RESPIRATORY CARE BOARD

166682

General Services Fund Group	166683

4K90	872609	Operating Expenses	$	552,876	$	545,246	166684
TOTAL GSF General Services							166685
Fund Group			$	552,876	$	545,246	166686
TOTAL ALL BUDGET FUND GROUPS			$	552,876	$	545,246	166687

Section 371.10. RDF REVENUE DISTRIBUTION FUNDS

166689

Special State Revenue Fund Group	166690

5JG0	110633		Gross Casino Revenue County Fund		$	158,005,325		$	168,977,942		166691
TOTAL SSR State Special Revenue Fund Group					$	158,005,325		$	168,977,942		166692

Volunteer Firefighters' Dependents Fund	166693

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	166694
TOTAL 085 Volunteer Firefighters'							166695
Dependents Fund			$	300,000	$	300,000	166696

Agency Fund Group	166697

4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	166698
5JH0	110634	Gross Casino Revenue County Student Fund	$	105,336,883	$	112,651,961	166699
5JJ0	110636	Gross Casino Revenue Host City Fund	$	15,490,718	$	16,566,465	166700
6080	001699	Investment Earnings	$	30,000,000	$	30,000,000	166701
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	166702
7063	110963	Permissive Tax Distribution	$	2,066,331,400	$	2,151,135,100	166703
7067	110967	School District Income Tax	$	346,669,300	$	365,277,800	166704
7093	110640	Next Generation 9-1-1 Fund	$	1,890,000	$	2,690,000	166705
7094	110641	Wireless 9-1-1 Government Assistance Fund	$	11,110,000	$	23,310,000	166706
7099	762902	Permissive Tax Distribution - Auto Registration	$	184,000,000	$	184,000,000	166707
7001	110996	Horse-Racing Tax Municipality Fund	$	400,000	$	400,000	166708
TOTAL AGY Agency Fund Group			$	2,765,328,301	$	2,890,131,326	166709

Holding Account Redistribution	166710

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	166711
TOTAL 090 Holding Account Redistribution Fund			$	40,000,000	$	40,000,000	166712
Revenue Distribution Fund Group							166713
7049	335900	Indigent Drivers Alcohol Treatment	$	2,250,000	$	2,250,000	166714
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	166715
7051	762901	Auto Registration Distribution	$	360,000,000	$	360,000,000	166716
7054	110954	Local Government Property Tax Replacement - Utility	$	5,649,000	$	5,649,000	166717
7060	110960	Gasoline Excise Tax Fund	$	395,000,000	$	395,000,000	166718
7065	110965	Public Library Fund	$	359,300,000	$	369,000,000	166719
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	166720
7068	110968	State and Local Government Highway Distribution	$	196,000,000	$	196,000,000	166721
7069	110969	Local Government Fund	$	363,600,000	$	376,400,000	166722
7081	110981	Local Government Property Tax Replacement-Business	$	146,500,000	$	107,900,000	166723
7082	110982	Horse Racing Tax	$	100,000	$	100,000	166724
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	166725
TOTAL RDF Revenue Distribution							166726
Fund Group			$	1,873,899,000	$	1,857,799,000	166727
TOTAL ALL BUDGET FUND GROUPS			$	4,837,532,626	$	4,957,208,268	166728

ADDITIONAL APPROPRIATIONS

166729

Appropriation items in this section shall be used for the	166730
purpose of administering and distributing the designated revenue	166731
distribution funds according to the Revised Code. If it is	166732
determined that additional appropriations are necessary for this	166733
purpose, such amounts are hereby appropriated.	166734

GENERAL REVENUE FUND TRANSFERS

166735

Notwithstanding any provision of law to the contrary, in	166736
fiscal year 2014 and fiscal year 2015, the Director of Budget and	166737
Management may transfer from the General Revenue Fund to the Local	166738
Government Tangible Property Tax Replacement Fund (Fund 7081) in	166739
the Revenue Distribution Fund Group, those amounts necessary to	166740
reimburse local taxing units under section 5751.22 of the Revised	166741
Code. Also, in fiscal year 2014 and fiscal year 2015, the Director	166742
of Budget and Management may make temporary transfers from the	166743
General Revenue Fund to ensure sufficient balances in the Local	166744
Government Tangible Property Tax Replacement Fund (Fund 7081) and	166745
to replenish the General Revenue Fund for such transfers.	166746

Section 373.10. SAN BOARD OF SANITARIAN REGISTRATION

166747

General Services Fund Group	166748

4K90	893609	Operating Expenses	$	137,850	$	129,850	166749
TOTAL GSF General Services							166750
Fund Group			$	137,850	$	129,850	166751
TOTAL ALL BUDGET FUND GROUPS			$	137,850	$	129,850	166752

Section 375.10. OSB OHIO STATE SCHOOL FOR THE BLIND

166754

General Revenue Fund	166755

GRF	226321		Operations		$	7,278,579		$	7,278,579		166756
TOTAL GRF General Revenue Fund					$	7,278,579		$	7,278,579		166757

General Services Fund Group	166758

4H80	226602	Education Reform Grants	$	27,000	$	27,000	166759
5NJ0	226622	Food Service Program	$	9,000	$	9,000	166760
TOTAL GSF General Services							166761
Fund Group			$	36,000	$	36,000	166762

Federal Special Revenue Fund Group	166763

3100	226626	Coordinating Unit	$	2,527,104	$	2,527,104	166764
3DT0	226621	Ohio Transition Collaborative	$	650,000	$	650,000	166765
3P50	226643	Medicaid Professional Services Reimbursement	$	50,000	$	50,000	166766
TOTAL FED Federal Special							166767
Revenue Fund Group			$	3,227,104	$	3,227,104	166768

State Special Revenue Fund Group	166769

4M50	226601	Work Study and Technology Investment	$	461,521	$	461,521	166770
TOTAL SSR State Special Revenue							166771
Fund Group			$	461,521	$	461,521	166772
TOTAL ALL BUDGET FUND GROUPS			$	11,003,204	$	11,003,204	166773

Section 377.10. OSD OHIO SCHOOL FOR THE DEAF

166775

General Revenue Fund	166776

GRF	221321		Operations		$	8,727,657		$	8,727,657		166777
TOTAL GRF General Revenue Fund					$	8,727,657		$	8,727,657		166778

General Services Fund Group	166779

4M10	221602	Education Reform Grants	$	35,000	$	35,000	166780
5NK0	221610	Food Service Program	$	9,000	$	9,000	166781
TOTAL GSF General Services							166782
Fund Group			$	44,000	$	44,000	166783

Federal Special Revenue Fund Group	166784

3110	221625	Coordinating Unit	$	2,153,245	$	2,153,245	166785
3R00	221684	Medicaid Professional Services Reimbursement	$	35,000	$	35,000	166786
TOTAL FED Federal Special							166787
Revenue Fund Group			$	2,188,245	$	2,188,245	166788

State Special Revenue Fund Group	166789

4M00	221601	Educational Program Expenses	$	95,000	$	95,000	166790
5H60	221609	Even Start Fees and Gifts	$	35,000	$	35,000	166791
TOTAL SSR State Special Revenue							166792
Fund Group			$	130,000	$	130,000	166793
TOTAL ALL BUDGET FUND GROUPS			$	11,089,902	$	11,089,902	166794

Section 381.10. SOS SECRETARY OF STATE

166796

General Revenue Fund	166797

GRF	050321	Operating Expenses	$	2,144,030	$	2,144,030	166798
GRF	050407	Pollworkers Training	$	234,196	$	234,196	166799
TOTAL GRF General Revenue Fund			$	2,378,226	$	2,378,226	166800

General Services Fund Group	166801

4120	050609	Notary Commission	$	475,000	$	475,000	166802
4130	050601	Information Systems	$	49,000	$	49,000	166803
4S80	050610	Board of Voting Machine Examiners	$	7,200	$	7,200	166804
5FG0	050620	BOE Reimbursement and Education	$	80,000	$	80,000	166805
TOTAL General Services Fund Group			$	611,200	$	611,200	166806

Federal Special Revenue Fund Group	166807

3AH0	050614	Election Reform/Health and Human Services	$	300,000	$	300,000	166808
3AS0	050616	Help America Vote Act (HAVA)	$	1,710,000	$	1,710,000	166809
3FM0	050624	Miscellaneous Federal Grants	$	100,000	$	100,000	166810
TOTAL FED Federal Special Revenue							166811
Fund Group			$	2,110,000	$	2,110,000	166812

State Special Revenue Fund Group	166813

5990	050603	Business Services Operating Expenses	$	14,385,400	$	14,385,400	166814
TOTAL SSR State Special Revenue							166815
Fund Group			$	14,385,400	$	14,385,400	166816

Holding Account Redistribution Fund Group	166817

R001	050605	Uniform Commercial Code Refunds	$	30,000	$	30,000	166818
R002	050606	Corporate/Business Filing Refunds	$	85,000	$	85,000	166819
TOTAL 090 Holding Account							166820
Redistribution Fund Group			$	115,000	$	115,000	166821
TOTAL ALL BUDGET FUND GROUPS			$	19,599,826	$	19,599,826	166822

POLLWORKER TRAINING

166823

The foregoing appropriation item 050407, Pollworkers	166824
Training, shall be used to reimburse county boards of elections	166825
for pollworker training pursuant to section 3501.27 of the Revised	166826
Code. At the end of fiscal year 2014, an amount equal to the	166827
unexpended, unencumbered portion of appropriation item 050407,	166828
Pollworkers Training, is hereby reappropriated in fiscal year 2015	166829
for the same purpose.	166830

BOARD OF VOTING MACHINE EXAMINERS

166831

The foregoing appropriation item 050610, Board of Voting	166832
Machine Examiners, shall be used to pay for the services and	166833
expenses of the members of the Board of Voting Machine Examiners,	166834
and for other expenses that are authorized to be paid from the	166835
Board of Voting Machine Examiners Fund, which is created in	166836
section 3506.05 of the Revised Code. Moneys not used shall be	166837
returned to the person or entity submitting equipment for	166838
examination. If it is determined that additional appropriations	166839
are necessary, such amounts are hereby appropriated.	166840

HAVA FUNDS

166841

An amount equal to the unexpended, unencumbered portion of	166842
appropriation item 050614, Election Reform/Health and Human	166843
Services, at the end of fiscal year 2014 is reappropriated for the	166844
same purpose in fiscal year 2015.	166845

An amount equal to the unexpended, unencumbered portion of	166846
appropriation item 050616, Help America Vote Act (HAVA), at the	166847
end of fiscal year 2014 is reappropriated for the same purpose in	166848
fiscal year 2015.	166849

The Director of Budget and Management shall credit the	166850
ongoing interest earnings from the Election Reform/Health and	166851
Human Services Fund (Fund 3AH0) and the Help America Vote Act	166852
(HAVA) (Fund 3AS0) to the respective funds and distribute these	166853
earnings in accordance with the terms of the grant under which the	166854
money is received.	166855

MISCELLANEOUS FEDERAL GRANTS

166856

On July 1, 2013, or as soon as possible thereafter, the	166857
Director of Budget and Management shall transfer from the General	166858
Revenue Fund (GRF) all investment earnings and amounts equal to	166859
the interest earnings that were attributable to the Miscellaneous	166860
Federal Grants Fund (Fund 3FM0) in each quarter of fiscal year	166861
2013. The Director of Budget and Management shall credit the	166862
ongoing interest earnings from Fund 3FM0 to that fund and	166863
distribute these earnings in accordance with the terms of the	166864
grant under which the money was received.	166865

An amount equal to the unexpended, unencumbered portion of	166866
the foregoing appropriation item 050624, Miscellaneous Federal	166867
Grants, at the end of fiscal year 2013 is hereby reappropriated to	166868
the Secretary of State for the same purpose for fiscal year 2014.	166869

An amount equal to the unexpended, unencumbered portion of	166870
the foregoing appropriation item 050624, Miscellaneous Federal	166871
Grants, at the end of fiscal year 2014 is hereby reappropriated to	166872
the Secretary of State for the same purpose for fiscal year 2015.	166873

HOLDING ACCOUNT REDISTRIBUTION GROUP

166874

The foregoing appropriation items 050605, Uniform Commercial	166875
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall	166876
be used to hold revenues until they are directed to the	166877
appropriate accounts or until they are refunded. If it is	166878
determined that additional appropriations are necessary, such	166879
amounts are hereby appropriated.	166880

Section 383.10. SEN THE OHIO SENATE

166881

General Revenue Fund	166882

GRF	020321		Operating Expenses		$	11,657,822		$	11,657,822		166883
TOTAL GRF General Revenue Fund					$	11,657,822		$	11,657,822		166884

General Services Fund Group	166885

1020	020602	Senate Reimbursement	$	852,001	$	852,001	166886
4090	020601	Miscellaneous Sales	$	34,497	$	34,497	166887
TOTAL GSF General Services							166888
Fund Group			$	886,498	$	886,498	166889
TOTAL ALL BUDGET FUND GROUPS			$	12,544,320	$	12,544,320	166890

OPERATING EXPENSES

166891

On July 1, 2013, or as soon as possible thereafter, the Clerk	166892
of the Senate may certify to the Director of Budget and Management	166893
the amount of the unexpended, unencumbered balance of the	166894
foregoing appropriation item 020321, Operating Expenses, at the	166895
end of fiscal year 2013 to be reappropriated to fiscal year 2014.	166896
The amount certified is hereby reappropriated to the same	166897
appropriation item for fiscal year 2014.	166898

On July 1, 2014, or as soon as possible thereafter, the Clerk	166899
of the Senate may certify to the Director of Budget and Management	166900
the amount of the unexpended, unencumbered balance of the	166901
foregoing appropriation item 020321, Operating Expenses, at the	166902
end of fiscal year 2014 to be reappropriated to fiscal year 2015.	166903
The amount certified is hereby reappropriated to the same	166904
appropriation item for fiscal year 2015.	166905

Section 385.10. CSV COMMISSION ON SERVICE AND VOLUNTEERISM

166906

General Revenue Fund	166907

GRF	866321		CSV Operations		$	286,661		$	294,072		166908
TOTAL GRF General Revenue Fund					$	286,661		$	294,072		166909

General Services Fund	166910

5GN0	866605		Serve Ohio Support		$	30,000		$	30,000		166911
TOTAL GSF General Services Fund					$	30,000		$	30,000		166912

Federal Special Revenue Fund Group	166913

3R70	866617	AmeriCorps Programs	$	7,447,000	$	7,447,000	166914
TOTAL FED Federal Special Revenue							166915
Fund Group			$	7,447,000	$	7,447,000	166916
TOTAL ALL BUDGET FUND GROUPS			$	7,763,661	$	7,771,072	166917

Section 387.10. CSF COMMISSIONERS OF THE SINKING FUND

166919

Debt Service Fund Group	166920

7070	155905	Third Frontier Research and Development Bond Retirement Fund	$	66,511,600	$	83,783,000	166921
7072	155902	Highway Capital Improvement Bond Retirement Fund	$	132,647,900	$	127,171,800	166922
7073	155903	Natural Resources Bond Retirement Fund	$	24,325,400	$	25,443,000	166923
7074	155904	Conservation Projects Bond Retirement Fund	$	33,376,600	$	34,447,700	166924
7076	155906	Coal Research and Development Bond Retirement Fund	$	2,858,900	$	4,327,200	166925
7077	155907	State Capital Improvement Bond Retirement Fund	$	227,810,300	$	228,948,900	166926
7078	155908	Common Schools Bond Retirement Fund	$	351,806,100	$	377,364,700	166927
7079	155909	Higher Education Bond Retirement Fund	$	221,168,700	$	248,822,000	166928
7080	155901	Persian Gulf, Afghanistan, and Iraq Conflicts Bond Retirement Fund	$	7,542,600	$	9,914,800	166929
7090	155912	Job Ready Site Development Bond Retirement Fund	$	15,498,400	$	19,124,500	166930
TOTAL DSF Debt Service Fund Group			$	1,083,546,500	$	1,159,347,600	166931
TOTAL ALL BUDGET FUND GROUPS			$	1,083,546,500	$	1,159,347,600	166932

ADDITIONAL APPROPRIATIONS

166933

Appropriation items in this section are for the purpose of	166934
paying debt service and financing costs on bonds or notes of the	166935
state issued under the Ohio Constitution and acts of the General	166936
Assembly. If it is determined that additional amounts are	166937
necessary for this purpose, such amounts are hereby appropriated.	166938

Section 389.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	166939
DEVELOPMENT FOUNDATION	166940

Tobacco Master Settlement Agreement Fund Group	166941

5M90	945601	Operating Expenses	$	426,800	$	426,800	166942
K087	945602	Southern Ohio Agricultural Development Foundation	$	129,578	$	0	166943
TOTAL TMF Tobacco Master Settlement Agreement Fund Group			$	556,378	$	426,800	166944
TOTAL ALL BUDGET FUND GROUPS			$	556,378	$	426,800	166945

TRANSFER TO OPERATING EXPENSES FUND

166946

On July 1, 2014, or as soon as possible thereafter, the	166947
Director of Budget and Management shall transfer the cash balance	166948
in the Southern Ohio Agricultural Community Development Trust Fund	166949
(Fund K087) to the Operating Expenses Fund (Fund 5M90). Upon	166950
completion of this transfer and on the effective date of its	166951
repeal by this act, Fund K087 is abolished.	166952

Section 391.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	166953
AUDIOLOGY	166954

General Services Fund Group	166955

4K90	886609	Operating Expenses	$	472,260	$	508,660	166956
TOTAL GSF General Services							166957
Fund Group			$	472,260	$	508,660	166958
TOTAL ALL BUDGET FUND GROUPS			$	472,260	$	508,660	166959

Section 393.10. BTA BOARD OF TAX APPEALS

166961

General Revenue Fund	166962

GRF	116321	Operating Expenses	$	1,900,000	$	1,700,000	166963
TOTAL GRF General Revenue Fund			$	1,900,000	$	1,700,000	166964
TOTAL ALL BUDGET FUND GROUPS			$	1,900,000	$	1,700,000	166965

Section 395.10. TAX DEPARTMENT OF TAXATION

166967

General Revenue Fund	166968

GRF	110321	Operating Expenses	$	72,568,330	$	67,968,332	166969
GRF	110404	Tobacco Settlement Enforcement	$	178,200	$	178,200	166970
GRF	110901	Property Tax Allocation - Taxation	$	666,640,000	$	678,255,600	166971
TOTAL GRF General Revenue Fund			$	739,386,530	$	746,402,132	166972

General Services Fund Group	166973

2280	110628	Revenue Enhancement	$	15,500,000	$	17,500,000	166974
4330	110602	Tape File Account	$	175,000	$	175,000	166975
5BP0	110639	Wireless 9-1-1 Administration	$	290,000	$	290,000	166976
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	166977
5MN0	110638	STARS Development and Implementation	$	5,000,000	$	3,000,000	166978
5N50	110605	Municipal Income Tax Administration	$	150,000	$	150,000	166979
5N60	110618	Kilowatt Hour Tax Administration	$	100,000	$	100,000	166980
5V80	110623	Property Tax Administration	$	11,978,310	$	11,978,310	166981
5W70	110627	Exempt Facility Administration	$	49,500	$	49,500	166982
TOTAL GSF General Services							166983
Fund Group			$	33,492,810	$	33,492,810	166984

State Special Revenue Fund Group	166985

4350	110607	Local Tax Administration	$	20,000,000	$	20,700,000	166986
4360	110608	Motor Vehicle Audit	$	1,459,609	$	1,459,609	166987
4370	110606	Income Tax Contribution	$	38,800	$	38,800	166988
4380	110609	School District Income Tax	$	5,802,044	$	5,802,044	166989
4C60	110616	International Registration Plan	$	682,415	$	682,415	166990
4R60	110610	Tire Tax Administration	$	244,193	$	244,193	166991
5V70	110622	Motor Fuel Tax Administration	$	5,035,374	$	5,035,374	166992
6390	110614	Cigarette Tax Enforcement	$	1,750,000	$	1,750,000	166993
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	166994
6880	110615	Local Excise Tax Administration	$	775,015	$	775,015	166995
TOTAL SSR State Special Revenue							166996
Fund Group			$	36,287,450	$	36,987,450	166997

Agency Fund Group	166998

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	166999
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	167000
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	167001

Holding Account Redistribution Fund Group	167002

R010	110611	Tax Distributions	$	50,000	$	50,000	167003
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	167004
TOTAL 090 Holding Account							167005
Redistribution Fund Group			$	100,000	$	100,000	167006
TOTAL ALL BUDGET FUND GROUPS			$	2,377,066,790	$	2,384,782,392	167007

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

167008

The foregoing appropriation item 110901, Property Tax	167009
Allocation - Taxation, is hereby appropriated to pay for the	167010
state's costs incurred due to the Homestead Exemption, the	167011
Manufactured Home Property Tax Rollback, and the Property Tax	167012
Rollback. The Tax Commissioner shall distribute these funds	167013
directly to the appropriate local taxing districts, except for	167014
school districts, notwithstanding the provisions in sections	167015
321.24 and 323.156 of the Revised Code, which provide for payment	167016
of the Homestead Exemption, the Manufactured Home Property Tax	167017
Rollback, and Property Tax Rollback by the Tax Commissioner to the	167018
appropriate county treasurer and the subsequent redistribution of	167019
these funds to the appropriate local taxing districts by the	167020
county auditor.	167021

Upon receipt of these amounts, each local taxing district	167022
shall distribute the amount among the proper funds as if it had	167023
been paid as real property taxes. Payments for the costs of	167024
administration shall continue to be paid to the county treasurer	167025
and county auditor as provided for in sections 319.54, 321.26, and	167026
323.156 of the Revised Code.	167027

Any sums, in addition to the amounts specifically	167028
appropriated in appropriation item 110901, Property Tax Allocation	167029
- Taxation, for the Homestead Exemption, the Manufactured Home	167030
Property Tax Rollback, and the Property Tax Rollback payments,	167031
which are determined to be necessary for these purposes, are	167032
hereby appropriated.	167033

MUNICIPAL INCOME TAX

167034

The foregoing appropriation item 110995, Municipal Income	167035
Tax, shall be used to make payments to municipal corporations	167036
under section 5745.05 of the Revised Code. If it is determined	167037
that additional appropriations are necessary to make such	167038
payments, such amounts are hereby appropriated.	167039

TAX REFUNDS

167040

The foregoing appropriation item 110635, Tax Refunds, shall	167041
be used to pay refunds under section 5703.052 of the Revised Code.	167042
If it is determined that additional appropriations are necessary	167043
for this purpose, such amounts are hereby appropriated.	167044

INTERNATIONAL REGISTRATION PLAN AUDIT

167045

The foregoing appropriation item 110616, International	167046
Registration Plan, shall be used under section 5703.12 of the	167047
Revised Code for audits of persons with vehicles registered under	167048
the International Registration Plan.	167049

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

167050

Of the foregoing appropriation item 110607, Local Tax	167051
Administration, the Tax Commissioner may disburse funds, if	167052
available, for the purposes of paying travel expenses incurred by	167053
members of Ohio's delegation to the Streamlined Sales Tax Project,	167054
as appointed under section 5740.02 of the Revised Code. Any travel	167055
expense reimbursement paid for by the Department of Taxation shall	167056
be done in accordance with applicable state laws and guidelines.	167057

TOBACCO SETTLEMENT ENFORCEMENT

167058

The foregoing appropriation item 110404, Tobacco Settlement	167059
Enforcement, shall be used by the Tax Commissioner to pay costs	167060
incurred in the enforcement of divisions (F) and (G) of section	167061
5743.03 of the Revised Code.	167062

STARS DEVELOPMENT AND IMPLEMENTATION FUND

167063

The foregoing appropriation item 110638, STARS Development	167064
and Implementation Fund, shall be used to pay costs incurred in	167065
the development and implementation of the department's State Tax	167066
Accounting and Revenue System. The Director of Budget and	167067
Management, under a plan submitted by the Tax Commissioner, or as	167068
otherwise determined by the Director of Budget and Management,	167069
shall set a schedule to transfer cash from the Tax Reform System	167070
Implementation Fund, Local Tax Administration Fund, School	167071
District Income Tax Fund, Discovery Project Fund, and the Motor	167072
Fuel Tax Administration Fund to the credit of the STARS	167073
Development and Implementation Fund (Fund 5MN0). The transfers of	167074
cash shall not exceed $8,000,000 in the biennium.	167075

Section 397.10. DOT DEPARTMENT OF TRANSPORTATION

167076

General Revenue Fund	167077

GRF	775451	Public Transportation - State	$	7,300,000	$	7,300,000	167078
GRF	776465	Ohio Rail Development Commission	$	2,000,000	$	2,000,000	167079
GRF	777471	Airport Improvements - State	$	750,000	$	750,000	167080
TOTAL GRF General Revenue Fund			$	10,050,000	$	10,050,000	167081
TOTAL ALL BUDGET FUND GROUPS			$	10,050,000	$	10,050,000	167082

Section 399.10. TOS TREASURER OF STATE

167084

General Revenue Fund	167085

GRF	090321	Operating Expenses	$	7,743,553	$	7,743,553	167086
GRF	090401	Office of the Sinking Fund	$	502,304	$	502,304	167087
GRF	090402	Continuing Education	$	377,702	$	377,702	167088
GRF	090524	Police and Fire Disability Pension Fund	$	6,000	$	6,000	167089
GRF	090534	Police and Fire Ad Hoc Cost of Living	$	70,000	$	70,000	167090
GRF	090554	Police and Fire Survivor Benefits	$	507,000	$	507,000	167091
GRF	090575	Police and Fire Death Benefits	$	20,000,000	$	20,000,000	167092
TOTAL GRF General Revenue Fund			$	29,206,559	$	29,206,559	167093

General Services Fund Group	167094

4E90	090603	Securities Lending Income	$	3,765,000	$	3,765,000	167095
5770	090605	Investment Pool Reimbursement	$	850,000	$	850,000	167096
5C50	090602	County Treasurer Education	$	170,057	$	170,057	167097
6050	090609	Treasurer of State Administrative Fund	$	835,000	$	835,000	167098
TOTAL GSF General Services							167099
Fund Group			$	5,620,057	$	5,620,057	167100

Agency Fund Group	167101

4250	090635	Tax Refunds	$	6,000,000	$	6,000,000	167102
TOTAL Agency Fund Group			$	6,000,000	$	6,000,000	167103
TOTAL ALL BUDGET FUND GROUPS			$	40,826,616	$	40,826,616	167104

Section 399.20. OFFICE OF THE SINKING FUND

167106

The foregoing appropriation item 090401, Office of the	167107
Sinking Fund, shall be used for costs incurred by or on behalf of	167108
the Commissioners of the Sinking Fund and the Ohio Public	167109
Facilities Commission with respect to State of Ohio general	167110
obligation bonds or notes, and the Treasurer of State with respect	167111
to State of Ohio general obligation and special obligation bonds	167112
or notes, including, but not limited to, printing, advertising,	167113
delivery, rating fees and the procurement of ratings, professional	167114
publications, membership in professional organizations, and other	167115
services referred to in division (D) of section 151.01 of the	167116
Revised Code. The General Revenue Fund shall be reimbursed for	167117
such costs relating to the issuance and administration of Highway	167118
Capital Improvement bonds or notes authorized under Ohio	167119
Constitution, Article VIII, Section 2m and Chapter 151. of the	167120
Revised Code. That reimbursement shall be made from appropriation	167121
item 155902, Highway Capital Improvement Bond Retirement Fund, by	167122
intrastate transfer voucher pursuant to a certification by the	167123
Office of the Sinking Fund of the actual amounts used. The amounts	167124
necessary to make such a reimbursement are hereby appropriated	167125
from the Highway Capital Improvement Bond Retirement Fund created	167126
in section 151.06 of the Revised Code.	167127

POLICE AND FIRE DEATH BENEFIT FUND

167128

The foregoing appropriation item 090575, Police and Fire	167129
Death Benefits, shall be disbursed quarterly by the Treasurer of	167130
State at the beginning of each quarter of each fiscal year to the	167131
Board of Trustees of the Ohio Police and Fire Pension Fund. The	167132
Treasurer of State shall certify such amounts quarterly to the	167133
Director of Budget and Management. By the twentieth day of June of	167134
each fiscal year, the Board of Trustees of the Ohio Police and	167135
Fire Pension Fund shall certify to the Treasurer of State the	167136
amount disbursed in the current fiscal year to make the payments	167137
required by section 742.63 of the Revised Code and shall return to	167138
the Treasurer of State moneys received from this appropriation	167139
item but not disbursed.	167140

TAX REFUNDS

167141

The foregoing appropriation item 090635, Tax Refunds, shall	167142
be used to pay refunds under section 5703.052 of the Revised Code.	167143
If the Director of Budget and Management determines that	167144
additional amounts are necessary for this purpose, such amounts	167145
are hereby appropriated.	167146

Section 401.10. VTO VETERANS' ORGANIZATIONS

167147

General Revenue Fund	167148

VAP AMERICAN EX-PRISONERS OF WAR	167149

GRF

743501

State Support

28,910

167150

VAN ARMY AND NAVY UNION, USA, INC.	167151

GRF

746501

State Support

63,539

167152

VKW KOREAN WAR VETERANS	167153

GRF

747501

State Support

57,118

167154

VJW JEWISH WAR VETERANS	167155

GRF

748501

State Support

34,321

167156

VCW CATHOLIC WAR VETERANS	167157

GRF

749501

State Support

66,978

167158

VPH MILITARY ORDER OF THE PURPLE HEART	167159

GRF

750501

State Support

65,116

167160

VVV VIETNAM VETERANS OF AMERICA	167161

GRF

751501

State Support

214,776

167162

VAL AMERICAN LEGION OF OHIO	167163

GRF

752501

State Support

349,189

167164

VII AMVETS	167165

GRF

753501

State Support

332,547

167166

VAV DISABLED AMERICAN VETERANS	167167

GRF

754501

State Support

249,836

167168

VMC MARINE CORPS LEAGUE	167169

GRF

756501

State Support

133,947

167170

V37 37TH DIVISION VETERANS' ASSOCIATION	167171

GRF

757501

State Support

6,868

167172

VFW VETERANS OF FOREIGN WARS	167173

GRF

758501

State Support

284,841

167174

TOTAL GRF General Revenue Fund					$	1,887,986		$	1,887,986		167175
TOTAL ALL BUDGET FUND GROUPS					$	1,887,986		$	1,887,986		167176

RELEASE OF FUNDS

167177

The Director of Budget and Management may release the	167178
foregoing appropriation items 743501, 746501, 747501, 748501,	167179
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,	167180
and 758501, State Support.	167181

Section 403.10. DVS DEPARTMENT OF VETERANS SERVICES

167182

General Revenue Fund	167183

GRF	900321	Veterans' Homes	$	27,369,946	$	27,369,946	167184
GRF	900402	Hall of Fame	$	107,075	$	107,075	167185
GRF	900408	Department of Veterans Services	$	2,001,823	$	2,001,823	167186
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	7,542,600	$	9,914,800	167187
TOTAL GRF General Revenue Fund			$	37,021,444	$	39,393,644	167188

General Services Fund Group	167189

4840	900603		Veterans' Homes Services		$	1,596,894		$	1,596,894		167190
TOTAL GSF General Services Fund Group					$	1,596,894		$	1,596,894		167191

Federal Special Revenue Fund Group	167192

3680	900614	Veterans Training	$	684,017	$	697,682	167193
3740	900606	Troops to Teachers	$	111,822	$	111,879	167194
3BX0	900609	Medicare Services	$	2,250,000	$	2,250,000	167195
3L20	900601	Veterans' Homes Operations - Federal	$	24,887,790	$	25,634,423	167196
TOTAL FED Federal Special Revenue							167197
Fund Group			$	27,933,629	$	28,693,984	167198

State Special Revenue Fund Group	167199

4E20	900602	Veterans' Homes Operating	$	10,614,652	$	10,837,435	167200
6040	900604	Veterans' Homes Improvement	$	403,663	$	459,359	167201
TOTAL SSR State Special Revenue							167202
Fund Group			$	11,018,315	$	11,296,794	167203

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	167204

7041	900615	Veteran Bonus Program - Administration	$	738,703	$	629,709	167205
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	14,500,000	$	9,400,000	167206
TOTAL 041 Persian Gulf,							167207
Afghanistan, and Iraq							167208
Compensation Fund Group			$	15,238,703	$	10,029,709	167209
TOTAL ALL BUDGET FUND GROUPS			$	92,808,985	$	91,011,025	167210

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	167211
OBLIGATION DEBT SERVICE	167212

The foregoing appropriation item 900901, Persian Gulf,	167213
Afghanistan and Iraq Compensation Debt Service, shall be used to	167214
pay all debt service and related financing costs during the period	167215
from July 1, 2013, through June 30, 2015, on obligations issued	167216
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	167217
purposes under sections 151.01 and 151.12 of the Revised Code.	167218

Section 405.10. DVM STATE VETERINARY MEDICAL LICENSING BOARD

167219

General Services Fund Group	167220

4K90	888609	Operating Expenses	$	337,432	$	331,695	167221
5BU0	888602	Veterinary Student Loan Program	$	30,000	$	30,000	167222
TOTAL GSF General Services							167223
Fund Group			$	367,432	$	361,695	167224
TOTAL ALL BUDGET FUND GROUPS			$	367,432	$	361,695	167225

Section 407.10. DYS DEPARTMENT OF YOUTH SERVICES

167227

General Revenue Fund	167228

GRF	470401	RECLAIM Ohio	$	166,862,228	$	166,862,228	167229
GRF	470412	Lease Rental Payments	$	26,044,800	$	27,819,700	167230
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	167231
GRF	472321	Parole Operations	$	10,583,118	$	10,583,118	167232
GRF	477321	Administrative Operations	$	11,355,389	$	11,355,389	167233
TOTAL GRF General Revenue Fund			$	231,548,263	$	233,323,163	167234

General Services Fund Group	167235

1750	470613	Education Reimbursement	$	3,950,000	$	3,600,000	167236
4790	470609	Employee Food Service	$	125,000	$	125,000	167237
4A20	470602	Child Support	$	250,000	$	250,000	167238
4G60	470605	General Operational Funds	$	115,000	$	115,000	167239
5BN0	470629	E-Rate Program	$	525,000	$	525,000	167240
TOTAL GSF General Services							167241
Fund Group			$	4,965,000	$	4,615,000	167242

Federal Special Revenue Fund Group	167243

3210	470601	Education	$	1,480,740	$	1,203,272	167244
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	167245
3210	470606	Nutrition	$	1,033,947	$	1,033,947	167246
3210	470614	Title IV-E Reimbursements	$	5,755,620	$	3,714,548	167247
3CP0	470638	Federal Juvenile Programs FFY 09	$	20,000	$	5,000	167248
3CR0	470639	Federal Juvenile Programs FFY 10	$	479,900	$	126,000	167249
3FB0	470641	Federal Juvenile Programs FFY 11	$	500,000	$	105,000	167250
3FC0	470642	Federal Juvenile Programs FFY 12	$	600,000	$	50,000	167251
3GB0	470643	Federal Juvenile Programs FFY 13	$	135,000	$	600,000	167252
3GC0	470644	Federal Juvenile Programs FFY 14	$	0	$	135,000	167253
3V50	470604	Juvenile Justice/Delinquency Prevention	$	1,300,000	$	1,000,000	167254
TOTAL FED Federal Special Revenue							167255
Fund Group			$	11,605,207	$	8,272,767	167256

State Special Revenue Fund Group	167257

1470	470612	Vocational Education	$	1,795,000	$	1,795,000	167258
TOTAL SSR State Special Revenue							167259
Fund Group			$	1,795,000	$	1,795,000	167260
TOTAL ALL BUDGET FUND GROUPS			$	249,913,470	$	248,005,930	167261

COMMUNITY PROGRAMS

167262

For purposes of improving community programs, and	167263
notwithstanding any provision of law to the contrary, of the	167264
foregoing appropriation item 470401, RECLAIM Ohio, the Department	167265
of Youth Services shall use $8,813,811 in each fiscal year to	167266
expand Targeted RECLAIM, the Behavioral Health Juvenile Justice	167267
Initiative, and other evidence-based community programs.	167268

For purposes of implementing juvenile sentencing reforms, and	167269
notwithstanding any provision of law to the contrary, the	167270
Department of Youth Services may use up to forty-five per cent of	167271
the unexpended, unencumbered balance of the portion of	167272
appropriation item 470401, RECLAIM Ohio, that is allocated to	167273
juvenile correctional facilities in each fiscal year to expand	167274
Targeted RECLAIM, the Behavioral Health Juvenile Justice	167275
Initiative, and other evidence-based community programs.	167276

LEASE RENTAL PAYMENTS

167277

The foregoing appropriation item 470412, Lease Rental	167278
Payments, shall be used to meet all payments at the times they are	167279
required to be made for the period from July 1, 2013, through June	167280
30, 2015, by the Department of Youth Services under the leases and	167281
agreements for facilities made under Chapters 152. and 154. of the	167282
Revised Code. This appropriation is the source of funds pledged	167283
for bond service charges on related obligations issued under	167284
Chapters 152. and 154. of the Revised Code.	167285

EDUCATION REIMBURSEMENT

167286

The foregoing appropriation item 470613, Education	167287
Reimbursement, shall be used to fund the operating expenses of	167288
providing educational services to youth supervised by the	167289
Department of Youth Services. Operating expenses include, but are	167290
not limited to, teachers' salaries, maintenance costs, and	167291
educational equipment. This appropriation item may be used for	167292
capital expenses related to the education program.	167293

EMPLOYEE FOOD SERVICE AND EQUIPMENT

167294

Notwithstanding section 125.14 of the Revised Code, the	167295
foregoing appropriation item 470609, Employee Food Service, may be	167296
used to purchase any food operational items with funds received	167297
into the fund from reimbursements for state surplus property.	167298

FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES

167299

In collaboration with the county family and children first	167300
council, the juvenile court of that county that receives	167301
allocations from one or both of the foregoing appropriation items	167302
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer	167303
portions of those allocations to a flexible funding pool as	167304
authorized by the section of Am. Sub. H.B. 153 of the 129th	167305
General Assembly titled "FAMILY AND CHILDREN FIRST FLEXIBLE	167306
FUNDING POOL."	167307

Section 501.10. SCREENING TOOL FOR HIGH-RISK YOUTH TEAM	167308
EVALUATION	167309

The Office of Health Transformation shall convene a team	167310
comprised of the Department of Youth Services, the Department of	167311
Medicaid, the Department of Job and Family Services, the	167312
Department of Health, and the Department of Mental Health and	167313
Addiction Services. The team shall evaluate the feasibility of	167314
implementing a trauma screening tool for high-risk youth and	167315
create a report with the following information: (A) the	167316
recommended trauma screening tool to be used to evaluate high-risk	167317
youth; (B) training in the administration of the recommended tool;	167318
(C) screening protocols; (D) the persons to whom the recommended	167319
tool should apply; and (E) the implications for treatment. The	167320
report shall be completed by December 1, 2013, and shall be	167321
distributed to the Governor. The Department of Youth Services may	167322
receive funds for piloting the recommended tool in detention	167323
centers.	167324

Section 501.20. All items set forth in sections 501.20 and	167325
501.30 of this act are hereby appropriated for the biennium ending	167326
on June 30, 2015, out of any moneys in the state treasury to the	167327
credit of the Administrative Building Fund (Fund 7026) that are	167328
not otherwise appropriated.	167329

Appropriations

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD	167330

C87412	Capitol Square Security				$	1,200,000			167331
TOTAL Capitol Square Review and Advisory Board					$	1,200,000			167332

Appropriations

Section 501.30. TOS TREASURER OF STATE

167334

C09001	Treasury Management System	$	10,000,000	167335
TOTAL Treasurer of State		$	10,000,000	167336
TOTAL Administrative Building Fund		$	11,200,000	167337

The foregoing appropriation item C09001, Treasury Management	167338
System, shall be used to pay costs incurred in the acquisition and	167339
implementation of the Treasury Management System.	167340

The Treasurer of State may acquire and implement a Treasury	167341
Management System, including, but not limited to, the application	167342
hardware and software and the installation and implementation	167343
thereof, for the use of the Treasurer of State. The Treasury	167344
Management System is an integrated treasury technology	167345
infrastructure system that will replace the Treasurer of State's	167346
existing separate cash, custody, investment, and accounting	167347
software and administration systems for the various treasury	167348
functions performed by the state.	167349

The Treasurer of State is hereby authorized to issue and	167350
sell, in accordance with Section 2i of Article VIII, Ohio	167351
Constitution, and Chapter 154. of the Revised Code, particularly	167352
section 154.24 of the Revised Code, original obligations in an	167353
aggregate principal amount not to exceed $11,200,000, in addition	167354
to the original issuance of obligations heretofore authorized by	167355
prior acts of the General Assembly. These authorized obligations	167356
shall be issued, subject to applicable constitutional and	167357
statutory limitations, to pay costs associated with previously	167358
authorized capital facilities and the capital facilities referred	167359
to in this section of the act.	167360

Section 503.10. PERSONAL SERVICE EXPENSES

167361

Unless otherwise prohibited by law, any appropriation from	167362
which personal service expenses are paid shall bear the employer's	167363
share of public employees' retirement, workers' compensation,	167364
disabled workers' relief, and insurance programs; and the costs of	167365
centralized financial services, centralized payroll processing,	167366
and related reports and services; centralized human resources	167367
services, including affirmative action and equal employment	167368
opportunity programs; the Office of Collective Bargaining; the	167369
Employee Assistance Program; centralized information technology	167370
management services; administering the enterprise resource	167371
planning system; and administering the state employee merit system	167372
as required by section 124.07 of the Revised Code. These costs	167373
shall be determined in conformity with the appropriate sections of	167374
law and paid in accordance with procedures specified by the Office	167375
of Budget and Management. Expenditures from appropriation item	167376
070601, Public Audit Expense - Intra-State, may be exempted from	167377
the requirements of this section.	167378

Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	167379
AGAINST THE STATE	167380

Except as otherwise provided in this section, an	167381
appropriation in this act or any other act may be used for the	167382
purpose of satisfying judgments, settlements, or administrative	167383
awards ordered or approved by the Court of Claims or by any other	167384
court of competent jurisdiction in connection with civil actions	167385
against the state. This authorization does not apply to	167386
appropriations to be applied to or used for payment of guarantees	167387
by or on behalf of the state, or for payments under lease	167388
agreements relating to, or debt service on, bonds, notes, or other	167389
obligations of the state. Notwithstanding any other statute to the	167390
contrary, this authorization includes appropriations from funds	167391
into which proceeds of direct obligations of the state are	167392
deposited only to the extent that the judgment, settlement, or	167393
administrative award is for, or represents, capital costs for	167394
which the appropriation may otherwise be used and is consistent	167395
with the purpose for which any related obligations were issued or	167396
entered into. Nothing contained in this section is intended to	167397
subject the state to suit in any forum in which it is not	167398
otherwise subject to suit, and is not intended to waive or	167399
compromise any defense or right available to the state in any suit	167400
against it.	167401

Section 503.30. CAPITAL PROJECT SETTLEMENTS

167402

This section specifies an additional and supplemental	167403
procedure to provide for payments of judgments and settlements if	167404
the Director of Budget and Management determines, pursuant to	167405
division (C)(4) of section 2743.19 of the Revised Code, that	167406
sufficient unencumbered moneys do not exist in the fund to support	167407
a particular appropriation to pay the amount of a final judgment	167408
rendered against the state or a state agency, including the	167409
settlement of a claim approved by a court, in an action upon and	167410
arising out of a contractual obligation for the construction or	167411
improvement of a capital facility if the costs under the contract	167412
were payable in whole or in part from a state capital projects	167413
appropriation. In such a case, the Director may either proceed	167414
pursuant to division (C)(4) of section 2743.19 of the Revised Code	167415
or apply to the Controlling Board to increase an appropriation or	167416
create an appropriation out of any unencumbered moneys in the	167417
state treasury to the credit of the capital projects fund from	167418
which the initial state appropriation was made. The amount of an	167419
increase in appropriation or new appropriation approved by the	167420
Controlling Board is hereby appropriated from the applicable	167421
capital projects fund and made available for the payment of the	167422
judgment or settlement.	167423

If the Director does not make the application authorized by	167424
this section or the Controlling Board disapproves the application,	167425
and the Director does not make application under division (C)(4)	167426
of section 2743.19 of the Revised Code, the Director shall for the	167427
purpose of making that payment make a request to the General	167428
Assembly as provided for in division (C)(5) of that section.	167429

Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS

167430

In order to provide funds for the reissuance of voided	167431
warrants under section 126.37 of the Revised Code, there is hereby	167432
appropriated, out of moneys in the state treasury from the fund	167433
credited as provided in section 126.37 of the Revised Code, that	167434
amount sufficient to pay such warrants when approved by the Office	167435
of Budget and Management.	167436

Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	167437
BALANCES OF OPERATING APPROPRIATIONS	167438

(A) An unexpended balance of an operating appropriation or	167439
reappropriation that a state agency lawfully encumbered prior to	167440
the close of a fiscal year is hereby reappropriated on the first	167441
day of July of the following fiscal year from the fund from which	167442
it was originally appropriated or reappropriated for the following	167443
period and shall remain available only for the purpose of	167444
discharging the encumbrance:	167445

(1) For an encumbrance for personal services, maintenance,	167446
equipment, or items for resale, other than an encumbrance for an	167447
item of special order manufacture not available on term contract	167448
or in the open market or for reclamation of land or oil and gas	167449
wells, for a period of not more than five months from the end of	167450
the fiscal year;	167451

(2) For an encumbrance for an item of special order	167452
manufacture not available on term contract or in the open market,	167453
for a period of not more than five months from the end of the	167454
fiscal year or, with the written approval of the Director of	167455
Budget and Management, for a period of not more than twelve months	167456
from the end of the fiscal year;	167457

(3) For an encumbrance for reclamation of land or oil and gas	167458
wells, for a period ending when the encumbered appropriation is	167459
expended or for a period of two years, whichever is less;	167460

(4) For an encumbrance for any other expense, for such period	167461
as the Director approves, provided such period does not exceed two	167462
years.	167463

(B) Any operating appropriations for which unexpended	167464
balances are reappropriated beyond a five-month period from the	167465
end of the fiscal year by division (A)(2) of this section shall be	167466
reported to the Controlling Board by the Director of Budget and	167467
Management by the thirty-first day of December of each year. The	167468
report on each such item shall include the item, the cost of the	167469
item, and the name of the vendor. The report shall be updated on a	167470
quarterly basis for encumbrances remaining open.	167471

(C) Upon the expiration of the reappropriation period set out	167472
in division (A) of this section, a reappropriation made by this	167473
section lapses, and the Director of Budget and Management shall	167474
cancel the encumbrance of the unexpended reappropriation not later	167475
than the end of the weekend following the expiration of the	167476
reappropriation period.	167477

(D) Notwithstanding division (C) of this section, with the	167478
approval of the Director of Budget and Management, an unexpended	167479
balance of an encumbrance that was reappropriated on the first day	167480
of July by this section for a period specified in division (A)(3)	167481
or (4) of this section and that remains encumbered at the close of	167482
the fiscal biennium is hereby reappropriated on the first day of	167483
July of the following fiscal biennium from the fund from which it	167484
was originally appropriated or reappropriated for the applicable	167485
period specified in division (A)(3) or (4) of this section and	167486
shall remain available only for the purpose of discharging the	167487
encumbrance.	167488

(E) The Director of Budget and Management may correct	167489
accounting errors committed by the staff of the Office of Budget	167490
and Management, such as reestablishing encumbrances or	167491
appropriations cancelled in error, during the cancellation of	167492
operating encumbrances in November and of nonoperating	167493
encumbrances in December.	167494

(F) The Director of Budget and Management may at any time	167495
correct accounting errors committed by the staff of a state agency	167496
or state institution of higher education, as defined in section	167497
3345.011 of the Revised Code, such as reestablishing prior year	167498
nonoperating encumbrances canceled or modified in error. The	167499
reestablished encumbrance amounts are hereby appropriated.	167500

(G) If the Controlling Board approved a purchase, that	167501
approval remains in effect so long as the appropriation used to	167502
make that purchase remains encumbered.	167503

Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	167504
RE-ESTABLISHMENT OF ENCUMBRANCES	167505

Any cash transferred by the Director of Budget and Management	167506
under section 126.15 of the Revised Code is hereby appropriated.	167507
Any amounts necessary to re-establish appropriations or	167508
encumbrances under section 126.15 of the Revised Code are hereby	167509
appropriated.	167510

Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES

167511

There are hereby appropriated out of any moneys in the state	167512
treasury to the credit of the General Revenue Fund, which are not	167513
otherwise appropriated, funds sufficient to make any payment	167514
required by division (B)(2) of section 5747.03 of the Revised	167515
Code.	167516

Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES	167517
APPROVED BY THE CONTROLLING BOARD	167518

Any money that the Controlling Board approves for expenditure	167519
or any increase in appropriation that the Controlling Board	167520
approves under sections 127.14, 131.35, and 131.39 of the Revised	167521
Code or any other provision of law is hereby appropriated for the	167522
period ending June 30, 2015.	167523

Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S	167524
RESIDENCE	167525

If the Governor's Residence Fund (Fund 4H20) receives payment	167526
for use of the residence pursuant to section 107.40 of the Revised	167527
Code, the amounts so received are hereby appropriated to	167528
appropriation item 100604, Governor's Residence Gift.	167529

Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

167530

Unless the agency and nuclear electric utility mutually agree	167531
to a higher amount by contract, the maximum amounts that may be	167532
assessed against nuclear electric utilities under division (B)(2)	167533
of section 4937.05 of the Revised Code and deposited into the	167534
specified funds are as follows:	167535

Fund	User		FY 2014		FY 2015	167536
Utility Radiological Safety Fund (Fund 4E40)	Department of Agriculture	$	130,000	$	130,000	167537
Radiation Emergency Response Fund (Fund 6100)	Department of Health	$	1,049,954	$	1,086,098	167538
ER Radiological Safety Fund (Fund 6440)	Environmental Protection Agency	$	284,266	$	290,674	167539
Emergency Response Plan Fund (Fund 6570)	Department of Public Safety	$	1,415,945	$	1,415,945	167540

Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF	167541
INTEREST EARNED	167542

Notwithstanding any provision of law to the contrary, the	167543
Director of Budget and Management, through June 30, 2015, may	167544
transfer interest earned by any state fund to the General Revenue	167545
Fund. This section does not apply to funds whose source of revenue	167546
is restricted or protected by the Ohio Constitution, federal tax	167547
law, or the "Cash Management Improvement Act of 1990," 104 Stat.	167548
1058 (1990), 31 U.S.C. 6501 et seq., as amended.	167549

Section 512.20. CASH TRANSFERS TO THE GENERAL REVENUE FUND	167550
FROM NON-GRF FUNDS	167551

Notwithstanding any provision of law to the contrary, the	167552
Director of Budget and Management may transfer up to $60,000,000	167553
in each fiscal year in cash from non-General Revenue Funds that	167554
are not constitutionally restricted to the General Revenue Fund in	167555
order to ensure that available General Revenue Fund receipts and	167556
balances are sufficient to support General Revenue Fund	167557
appropriations in each fiscal year.	167558

Section 512.30. FISCAL YEAR 2013 GENERAL REVENUE FUND ENDING	167559
BALANCE	167560

Notwithstanding divisions (B) and (C) of section 131.44 of	167561
the Revised Code, the Director of Budget and Management shall	167562
determine the surplus General Revenue Fund revenue that existed on	167563
June 30, 2013, in excess of the amount required under division	167564
(A)(3) of section 131.44 of the Revised Code, and transfer from	167565
the General Revenue Fund, to the extent of the amount so	167566
determined, the following:	167567

(A) To the Disaster Services Fund (Fund 5E20), a cash amount	167568
of up to $15,000,000;	167569

(B) To the Controlling Board Emergency Purposes Fund (Fund	167570
5KM0), a cash amount of up to $20,000,000;	167571

(C) To the Natural Resources Special Purposes Fund (Fund	167572
5MW0), which is hereby created in the state treasury, a cash	167573
amount of up to $16,328,974;	167574

(D) To the Unemployment Compensation Interest Contingency	167575
Fund (Fund 5HC0), a cash amount of up to $120,000,000 for payment	167576
to the United States Secretary of the Treasury of accrued interest	167577
costs related to federal unemployment account borrowing.	167578

Section 512.40. ACCESS SUCCESS II PROGRAM

167579

To the extent cash is available, the Director of Budget and	167580
Management may transfer cash from the Money Follows the Person	167581
Enhanced Reimbursement Fund (Fund 5AJ0), used by the Department of	167582
Medicaid, to the Sale of Goods and Services Fund (Fund 1490), used	167583
by the Department of Mental Health and Addiction Services. The	167584
transferred cash is hereby appropriated.	167585

The Department of Mental Health and Addiction Services shall	167586
use the transferred funds to administer the Access Success II	167587
Program to help non-Medicaid patients in any hospital established,	167588
controlled, or supervised by the Department under Chapter 5119. of	167589
the Revised Code to transition from inpatient status to a	167590
community setting.	167591

Section 512.50. Not later than the first day of September	167592
2013, the Director of Mental Health and the Director of Alcohol	167593
and Drug Addiction Services shall certify to the Director of	167594
Budget and Management the amount of all of the unexpended,	167595
unencumbered balances of general revenue fund appropriations made	167596
to the Department of Mental Health and to the Department of	167597
Alcohol and Drug Addiction Services for FY 2012, excluding funds	167598
appropriated for rental payments to the Ohio Public Facilities	167599
Commission. On receipt of the certification, the Director of	167600
Budget and Management shall transfer cash to the Department of	167601
Mental Health and Addiction Services Trust Fund created in section	167602
5119.46 of the Revised Code (renumbered section 5119.60 of the	167603
Revised Code in this act) in an amount up to, but not exceeding,	167604
the total amounts certified by the Director of Mental Health and	167605
the Director of Alcohol and Drug Addiction Services.	167606

Section 512.70. PROHIBITION ON TRANSFERS

167607

Notwithstanding section 131.44 of the Revised Code, cash	167608
shall not be transferred to the Income Tax Reduction Fund prior to	167609
July 1, 2015.	167610

Section 512.80. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

167611

There is hereby established in the Highway Operating Fund	167612
(Fund 7002), used by the Department of Transportation, a Diesel	167613
Emissions Reduction Grant Program. The Director of Environmental	167614
Protection shall administer the program and shall solicit,	167615
evaluate, score, and select projects submitted by public and	167616
private entities that are eligible for the federal Congestion	167617
Mitigation and Air Quality (CMAQ) Program. The Director of	167618
Transportation shall process Federal Highway	167619
Administration-approved projects as recommended by the Director of	167620
Environmental Protection.	167621

In addition to the allowable expenditures set forth in	167622
section 122.861 of the Revised Code, Diesel Emissions Reduction	167623
Grant Program funds also may be used to fund projects involving	167624
the purchase or use of hybrid and alternative fuel vehicles that	167625
are allowed under guidance developed by the Federal Highway	167626
Administration for the CMAQ Program.	167627

Public entities eligible to receive funds under section	167628
122.861 of the Revised Code and CMAQ shall be reimbursed from	167629
moneys in the Highway Operating Fund (Fund 7002) designated for	167630
the Department of Transportation's Diesel Emissions Reduction	167631
Grant Program.	167632

Private entities eligible to receive funds under section	167633
122.861 of the Revised Code and CMAQ shall be reimbursed through	167634
transfers of cash from moneys in the Highway Operating Fund (Fund	167635
7002) designated for the Department of Transportation's Diesel	167636
Emissions Reduction Grant Program to the Diesel Emissions	167637
Reduction Fund (Fund 3FH0), used by the Environmental Protection	167638
Agency. Total expenditures between both the Environmental	167639
Protection Agency and the Department of Transportation shall not	167640
exceed the amounts appropriated in this act for appropriation item	167641
715693, Diesel Emissions Reduction Grants.	167642

On or before June 30, 2014, the Director of Environmental	167643
Protection may certify to the Director of Budget and Management	167644
the amount of any unencumbered balance of the foregoing	167645
appropriation item 715693, Diesel Emissions Reduction Grants, for	167646
fiscal year 2014 to be used for the same purpose in fiscal year	167647
2015. Once the certification permitted under this section has been	167648
submitted and approved by the Director of Budget and Management,	167649
the amount approved is hereby appropriated for fiscal year 2015.	167650

Any cash transfers or allocations under this section	167651
represent CMAQ program moneys within the Department of	167652
Transportation for use by the Diesel Emissions Reduction Grant	167653
Program by the Environmental Protection Agency. These allocations	167654
shall not reduce the amount of such moneys designated for	167655
metropolitan planning organizations.	167656

The Director of Environmental Protection, in consultation	167657
with the directors of Development Services and Transportation,	167658
shall develop guidance for the distribution of funds and for the	167659
administration of the Diesel Emissions Reduction Grant Program.	167660
The guidance shall include a method of prioritization for	167661
projects, acceptable technologies, and procedures for awarding	167662
grants.	167663

Section 515.30. On the effective date of this section, the	167664
Rehabilitation Services Commission is renamed the Opportunities	167665
for Ohioans with Disabilities Agency. The Rehabilitation Services	167666
Commission's functions, and its assets and liabilities, are	167667
transferred to the Opportunities for Ohioans with Disabilities	167668
Agency. The Opportunities for Ohioans with Disabilities Agency is	167669
successor to, assumes the obligations and authority of, and	167670
otherwise continues the Rehabilitation Services Commission. No	167671
right, privilege, or remedy, and no duty, liability, or	167672
obligation, accrued under the Rehabilitation Services Commission	167673
is impaired or lost by reason of the renaming and shall be	167674
recognized, administered, performed, or enforced by the	167675
Opportunities for Ohioans with Disabilities Agency.	167676

Business commenced but not completed by the Rehabilitation	167677
Services Commission or by the Administrator of the Rehabilitation	167678
Services Commission shall be completed by the Opportunities for	167679
Ohioans with Disabilities Agency or the Executive Director of the	167680
Opportunities for Ohioans with Disabilities Agency in the same	167681
manner, and with the same effect, as if completed by the	167682
Rehabilitation Services Commission or the Administrator of the	167683
Rehabilitation Services Commission.	167684

All of the Rehabilitation Services Commission's rules,	167685
orders, and determinations continue in effect as rules, orders,	167686
and determinations of the Opportunities for Ohioans with	167687
Disabilities Agency until modified or rescinded by the	167688
Opportunities for Ohioans with Disabilities Agency.	167689

Subject to the layoff provisions of sections 124.321 to	167690
124.382 of the Revised Code, all employees of the Rehabilitation	167691
Services Commission continue with the Opportunities for Ohioans	167692
with Disabilities Agency and retain their positions and all	167693
benefits accruing thereto.	167694

The Director of Budget and Management shall determine the	167695
amount of unexpended balances in the appropriation accounts that	167696
pertain to the Rehabilitation Services Commission and shall	167697
recommend to the Controlling Board their transfer to the	167698
appropriation accounts that pertain to the Opportunities for	167699
Ohioans with Disabilities Agency. The Administrator of the	167700
Rehabilitation Services Commission shall provide full and timely	167701
information to the Controlling Board to facilitate the transfer.	167702

Whenever the Rehabilitation Services Commission or the	167703
Administrator of the Rehabilitation Services Commission is	167704
referred to in a statute, contract, or other instrument, the	167705
reference is deemed to refer to the Opportunities for Ohioans with	167706
Disabilities Agency or to the Executive Director of the	167707
Opportunities for Ohioans with Disabilities Agency, whichever is	167708
appropriate in context.	167709

No pending action or proceeding being prosecuted or defended	167710
in court or before an agency by the Rehabilitation Services	167711
Commission or the Administrator of the Rehabilitation Services	167712
Commission is affected by the renaming and shall be prosecuted or	167713
defended in the name of the Opportunities for Ohioans with	167714
Disabilities Agency or the Executive Director of the Opportunities	167715
for Ohioans with Disabilities Agency, whichever is appropriate.	167716
Upon application to the court or agency, the Opportunities for	167717
Ohioans with Disabilities Agency or the Executive Director of the	167718
Opportunities for Ohioans with Disabilities Agency shall be	167719
substituted.	167720

Section 515.40. The Department of Aging shall use	167721
appropriation item 490627, Board of Executives of LTSS, to spend	167722
cash in the Board of Executives of Long-Term Services and Supports	167723
Fund (Fund 5MT0), which is hereby established in the State	167724
Treasury. On the effective date of this section, the Board of	167725
Examiners of Nursing Home Administrators is renamed the Board of	167726
Executives of Long-Term Services and Supports. The Board of	167727
Examiners of Nursing Home Administrators' functions and its assets	167728
and liabilities, are transferred to the Board of Executives of	167729
Long-Term Services and Supports. The Board of Executives of	167730
Long-Term Services and Supports is successor to, assumes the	167731
obligations and authority of, and otherwise continues the Board of	167732
Examiners of Nursing Home Administrators. No right, privilege, or	167733
remedy, and no duty, liability, or obligation, accrued under the	167734
Board of Examiners of Nursing Home Administrators is impaired or	167735
lost by reason of the renaming and shall be recognized,	167736
administered, performed, or enforced by the Board of Executives of	167737
Long-Term Services and Supports.	167738

Business commenced but not completed by the Board of	167739
Examiners of Nursing Home Administrators or by the Secretary of	167740
the Board of Examiners of Nursing Home Administrators shall be	167741
completed by the Board of Executives of Long-Term Services and	167742
Supports or the Secretary of the Board of Executives of Long-Term	167743
Services and Supports in the same manner, and with the same	167744
effect, as if completed by the Board of Examiners of Nursing Home	167745
Administrators or by the Secretary of the Board of Examiners of	167746
Nursing Home Administrators.	167747

All of the Board of Examiners of Nursing Home Administrators'	167748
rules, orders, and determinations continue in effect as rules,	167749
orders, and determinations of the Board of Executives of Long-Term	167750
Services and Supports.	167751

Subject to the layoff provisions of sections 124.321 to	167752
124.328 of the Revised Code, all employees of the Board of	167753
Examiners of Nursing Home Administrators who provide	167754
administrative, technical, or other services to the Board of	167755
Examiners of Nursing Home Administrators on a full-time, permanent	167756
basis shall continue with the Board of Executives of Long-Term	167757
Services and Supports and retain their positions and benefits	167758
accruing thereto, except that those employees in the classified	167759
service shall be reclassified into the unclassified service and	167760
shall serve at the pleasure of the Board.	167761

Notwithstanding section 4751.03 of the Revised Code, as	167762
amended by this act, those board members currently serving as	167763
members of the Board of Examiners of Nursing Home Administrators	167764
on the effective date of this act shall continue to serve as	167765
members of the Board of Executives of Long-Term Services and	167766
Supports for the remainder of their appointment period, at which	167767
time new members shall be appointed in a manner consistent with	167768
section 4751.03 of the Revised Code, as amended by this act.	167769

Within ninety days after the effective date of this act, the	167770
Governor shall appoint to the Board of Executives of Long-Term	167771
Services and Supports those new members who are required to be	167772
appointed under divisions (A)(3) and (6) of section 4751.03 of the	167773
Revised Code, as amended by this act, for terms ending on May 27,	167774
2014. Thereafter, appointment for those members shall be as	167775
provided in section 4751.03 of the Revised Code, as amended by	167776
this act.	167777

Whenever the Board of Examiners of Nursing Home	167778
Administrators is referred to in statute, contract, or other	167779
instrument, the reference is deemed to refer to the Board of	167780
Executives of Long-Term Services and Supports.	167781

No pending action or proceeding being prosecuted or defended	167782
in court or before an agency by the Board of Examiners of Nursing	167783
Home Administrators or the Secretary of the Board of Examiners of	167784
Nursing Home Administrators is affected by the renaming and shall	167785
be prosecuted or defended in the name of the Board of Executives	167786
of Long-Term Services and Supports or the Secretary of the Board	167787
of Executives of Long-Term Services and Supports. Upon application	167788
to the court or agency, the Board of Executives of Long-Term	167789
Services and Supports or the Secretary of the Board of Executives	167790
of Long-Term Services and Supports shall be substituted.	167791

Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

167792

Certain appropriations are in this act for the purpose of	167793
paying debt service and financing costs on general obligation	167794
bonds or notes of the state issued pursuant to the Ohio	167795
Constitution and acts of the General Assembly. If it is determined	167796
that additional appropriations are necessary for this purpose,	167797
such amounts are hereby appropriated.	167798

Section 518.20. LEASE RENTAL PAYMENTS FOR DEBT SERVICE

167799

Certain appropriations are in this act for the purpose of	167800
making lease rental payments pursuant to leases and agreements	167801
relating to bonds or notes issued by the Treasurer of State, or	167802
previously by the Ohio Public Facilities Commission or the Ohio	167803
Building Authority, pursuant to the Ohio Constitution and acts of	167804
the General Assembly. If it is determined that additional	167805
appropriations are necessary for this purpose, such amounts are	167806
hereby appropriated.	167807

Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM	167808
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	167809

The Office of Budget and Management shall process payments	167810
from general obligation and lease rental payment appropriation	167811
items during the period from July 1, 2013, through June 30, 2015,	167812
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,	167813
2n, 2o, 2p, 2q, 2r, and 15 of Article VIII, Ohio Constitution, and	167814
Chapters 151., 152., and 154. of the Revised Code. Payments shall	167815
be made upon certification by the Treasurer of State of the dates	167816
and the amounts due on those dates.	167817

Section 521.11. STATE AND LOCAL REBATE AUTHORIZATION

167818

There is hereby appropriated, from those funds designated by	167819
or pursuant to the applicable proceedings authorizing the issuance	167820
of state obligations, amounts computed at the time to represent	167821
the portion of investment income to be rebated or amounts in lieu	167822
of or in addition to any rebate amount to be paid to the federal	167823
government in order to maintain the exclusion from gross income	167824
for federal income tax purposes of interest on those state	167825
obligations under section 148(f) of the Internal Revenue Code.	167826

Rebate payments shall be approved and vouchered by the Office	167827
of Budget and Management.	167828

Section 521.20. STATEWIDE INDIRECT COST RECOVERY

167829

Whenever the Director of Budget and Management determines	167830
that an appropriation made to a state agency from a fund of the	167831
state is insufficient to provide for the recovery of statewide	167832
indirect costs under section 126.12 of the Revised Code, the	167833
amount required for such purpose is hereby appropriated from the	167834
available receipts of such fund.	167835

Section 521.30. TRANSFERS ON BEHALF OF THE STATEWIDE	167836
INDIRECT COST ALLOCATION PLAN	167837

The total transfers made from the General Revenue Fund by the	167838
Director of Budget and Management under this section shall not	167839
exceed the amounts transferred into the General Revenue Fund under	167840
section 126.12 of the Revised Code.	167841

The director of an agency may certify to the Director of	167842
Budget and Management the amount of expenses not allowed to be	167843
included in the Statewide Indirect Cost Allocation Plan under	167844
federal regulations, from any fund included in the Statewide	167845
Indirect Cost Allocation Plan, prepared as required by section	167846
126.12 of the Revised Code.	167847

Upon determining that no alternative source of funding is	167848
available to pay for such expenses, the Director of Budget and	167849
Management may transfer cash from the General Revenue Fund into	167850
the fund for which the certification is made, up to the amount of	167851
the certification. The director of the agency receiving such funds	167852
shall include, as part of the next budget submission prepared	167853
under section 126.02 of the Revised Code, a request for funding	167854
for such activities from an alternative source such that further	167855
federal disallowances would not be required.	167856

The director of an agency may certify to the Director of	167857
Budget and Management the amount of expenses paid in error from a	167858
fund included in the Statewide Indirect Cost Allocation Plan. The	167859
Director of Budget and Management may transfer cash from the fund	167860
from which the expenditure should have been made into the fund	167861
from which the expenses were erroneously paid, up to the amount of	167862
the certification.	167863

The director of an agency may certify to the Director of	167864
Budget and Management the amount of expenses or revenues not	167865
allowed to be included in the Statewide Indirect Cost Allocation	167866
Plan under federal regulations, for any fund included in the	167867
Statewide Indirect Cost Allocation Plan, for which the federal	167868
government requires payment. If the Director of Budget and	167869
Management determines that an appropriation made to a state agency	167870
from a fund of the state is insufficient to pay the amount	167871
required by the federal government, the amount required for such	167872
purpose is hereby appropriated from the available receipts of such	167873
fund, up to the amount of the certification.	167874

Section 521.35. CASH TRANSFERS TO TOBACCO OVERSIGHT	167875
ADMINISTRATION AND ENFORCEMENT FUND	167876

On July 1, 2013, or as soon as possible thereafter, the	167877
Director of Budget and Management shall transfer the cash balance	167878
in the Tobacco Settlement Enforcement Fund (Fund T087) and the	167879
Education Technology Trust Fund (Fund S087) to the Tobacco	167880
Oversight Administration and Enforcement Fund (Fund U087). Upon	167881
completion of the transfer, Fund T087 and Fund S087 are abolished.	167882
The Director shall cancel any existing encumbrances against	167883
appropriation items 110402, Tobacco Settlement Enforcement, and	167884
935602, Education Technology Trust.	167885

On July 1, 2014, or as soon as possible thereafter, the	167886
Director of Budget and Management shall transfer the cash balance	167887
in the Law Enforcement Improvement Trust Fund (Fund J087) to the	167888
Tobacco Oversight Administration and Enforcement Fund (Fund U087).	167889
Upon completion of the transfer, Fund J087 is abolished. The	167890
Director shall cancel any existing encumbrances against	167891
appropriation item 055635, Law Enforcement Technology, Training,	167892
and Facility Enhancements.	167893

Section 521.40. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

167894

Notwithstanding any provision of law to the contrary, on or	167895
before the first day of September of each fiscal year, the	167896
Director of Budget and Management, in order to reduce the payment	167897
of adjustments to the federal government, as determined by the	167898
plan prepared under division (A) of section 126.12 of the Revised	167899
Code, may designate such funds as the Director considers necessary	167900
to retain their own interest earnings.	167901

Section 521.50. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

167902

Pursuant to the plan for compliance with the Federal Cash	167903
Management Improvement Act required by section 131.36 of the	167904
Revised Code, the Director of Budget and Management may cancel and	167905
re-establish all or part of encumbrances in like amounts within	167906
the funds identified by the plan. The amounts necessary to	167907
re-establish all or part of encumbrances are hereby appropriated.	167908

Section 521.60. FISCAL STABILIZATION AND RECOVERY

167909

To ensure the level of accountability and transparency	167910
required by federal law, the Director of Budget and Management may	167911
issue guidelines to any agency applying for federal money made	167912
available to this state for fiscal stabilization and recovery	167913
purposes, and may prescribe the process by which agencies are to	167914
comply with any reporting requirements established by the federal	167915
government.	167916

Section 601.10. LIMITATION ON USE OF CAPITAL APPROPRIATIONS

167917

The capital appropriations made in this act, excluding those	167918
made to the State Capital Improvement Fund (Fund 7038) and the	167919
State Capital Improvements Revolving Loan Fund (Fund 7040) for	167920
buildings or structures, including remodeling and renovations, are	167921
limited to:	167922

(A) Acquisition of real property or interests in real	167923
property;	167924

(B) Buildings and structures, which include construction,	167925
demolition, complete heating, lighting and lighting fixtures, all	167926
necessary utilities, and ventilating, plumbing, sprinkling, and	167927
sewer systems, when such systems are authorized or necessary;	167928

(C) Architectural, engineering, and professional services	167929
expenses directly related to the projects;	167930

(D) Machinery that is a part of structures at the time of	167931
initial acquisition or construction;	167932

(E) Acquisition, development, and deployment of new computer	167933
systems, including the redevelopment or integration of existing	167934
and new computer systems, but excluding regular or ongoing	167935
maintenance or support agreements;	167936

(F) Equipment that meets all the following criteria:

167937

(1) The equipment is essential in bringing the facility up to	167938
its intended use;	167939

(2) The unit cost of the equipment, and not the individual	167940
parts of a unit, is about $100 or more;	167941

(3) The equipment has a useful life of five years or more;	167942
and	167943

(4) The equipment is necessary for the functioning of the	167944
particular facility or project.	167945

Equipment shall not be paid for from these appropriations	167946
that is not an integral part of or directly related to the basic	167947
purpose or function of a project for which moneys are	167948
appropriated. This paragraph does not apply to appropriation items	167949
specifically for equipment.	167950

Section 601.20. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE	167951
REVISED CODE	167952

The capital improvements for which appropriations are made in	167953
this act from the Clean Ohio Conservation Fund (Fund 7056), the	167954
Ohio Agricultural Easement Fund (Fund 7057), and the Clean Ohio	167955
Trail Fund (Fund 7061) are determined to be capital improvements	167956
and capital facilities for projects for conservation purposes and	167957
are designated as capital facilities to which proceeds of	167958
obligations issued under Chapter 151. of the Revised Code are to	167959
be applied.	167960

Section 601.30. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE	167961
REVISED CODE	167962

The capital improvements for which appropriations are made in	167963
this act from the Administrative Building Fund (Fund 7026) are	167964
determined to be capital improvements and capital facilities for	167965
housing state agencies and branches of government and are	167966
designated as capital facilities to which proceeds of obligations	167967
issued under Chapter 154. of the Revised Code are to be applied.	167968

Section 605.03. That Section 1 of Sub. H.B. 34 of the 130th	167969
General Assembly be amended to read as follows:	167970

Sec. 1. All items in this section are hereby appropriated out	167971
of any moneys in the state treasury to the credit of the	167972
designated fund. For all appropriations made in this act, those in	167973
the first column are for fiscal year 2014, and those in the second	167974
column are for fiscal year 2015.	167975

FND

AI TITLE

Appropriations

167976

BWC BUREAU OF WORKERS' COMPENSATION	167977

Workers' Compensation Fund Group	167978

7023	855401	William Green Lease Payments to OBA	$	16,026,100	$	0	167979
7023	855407	Claims, Risk and Medical Management	$	118,338,586	$	118,338,586	167980
7023	855408	Fraud Prevention	$	12,114,226	$	12,114,226	167981
7023	855409	Administrative Services	$	105,857,276	$	105,357,276	167982
7023	855410	Attorney General Payments	$	4,621,850	$	4,621,850	167983
8220	855606	Coal Workers' Fund	$	147,666	$	147,666	167984
8230	855608	Marine Industry	$	75,527	$	75,527	167985
8250	855605	Disabled Workers Relief Fund	$	319,718	$	319,718	167986
8260	855609	Safety and Hygiene Operating	$	~~19,161,132~~ 21,661,132	$	~~19,161,132~~ 21,661,132	167987
8260	855610	~~Gear Program~~ Safety Grants	$	~~5,000,000~~ 15,000,000	$	~~5,000,000~~ 15,000,000	167988
8290	855604	Long Term Care Loan Program	$	100,000	$	100,000	167989
TOTAL WCF Workers' Compensation							167990
Fund Group			$	~~281,762,081~~ 294,262,081	$	~~265,235,981~~ 277,735,981	167991

Federal Special Revenue Fund Group	167992

3490	855601	OSHA Enforcement	$	1,731,000	$	1,731,000	167993
3FW0	855614	BLS SOII Grant	$	116,919	$	116,919	167994
TOTAL FED Federal Special Revenue Fund Group			$	1,847,919	$	1,847,919	167995
TOTAL ALL BUDGET FUND GROUPS			$	~~283,610,000~~ 296,110,000	$	~~267,083,900~~ 279,583,900	167996

WILLIAM GREEN LEASE PAYMENTS

167997

Of the foregoing appropriation item 855401, William Green	167998
Lease Payments, up to $16,026,100 shall be used to make lease	167999
payments to the Treasurer of State at the times they are required	168000
to be made during the period from July 1, 2013 to June 30, 2015,	168001
pursuant to leases and agreements made under section 154.24 of the	168002
Revised Code. If it is determined that additional appropriations	168003
are necessary for such purpose, such amounts are hereby	168004
appropriated.	168005

WORKERS' COMPENSATION FRAUD UNIT

168006

Of the foregoing appropriation item 855410, Attorney General	168007
Payments, $828,200 in each fiscal year shall be used to fund the	168008
expenses of the Workers' Compensation Fraud Unit within the	168009
Attorney General's Office. These payments shall be processed at	168010
the beginning of each quarter of each fiscal year and deposited	168011
into the Workers' Compensation Section Fund (Fund 1950) used by	168012
the Attorney General.	168013

SAFETY AND HYGIENE

168014

Notwithstanding section 4121.37 of the Revised Code, the	168015
Treasurer of State shall transfer ~~$19,161,132~~$21,661,132 cash in	168016
fiscal year 2014 and ~~$19,161,132~~$21,661,132 cash in fiscal year	168017
2015 from the State Insurance Fund to the Safety and Hygiene Fund	168018
(Fund 8260).	168019

OSHA ON-SITE CONSULTATION PROGRAM

168020

The Bureau of Workers' Compensation may designate a portion	168021
of appropriation item 855609, Safety and Hygiene Operating, to be	168022
used to match federal funding for the federal Occupational Safety	168023
and Health Administration's (OSHA) on-site consultation program.	168024

VOCATIONAL REHABILITATION

168025

The Bureau of Workers' Compensation and the ~~Rehabilitation~~	168026
~~Services Commission~~Opportunities for Ohioans with Disabilities	168027
Agency shall enter into an interagency agreement for the provision	168028
of vocational rehabilitation services and staff to mutually	168029
eligible clients. The bureau may provide not more than $605,407 in	168030
fiscal year 2014 and not more than $605,407 in fiscal year 2015	168031
from the State Insurance Fund to fund vocational rehabilitation	168032
services and staff in accordance with the interagency agreement.	168033

FUND BALANCE

168034

Any unencumbered cash balance in excess of $45,000,000 in the	168035
Workers' Compensation Fund (Fund 7023) on the thirtieth day of	168036
June of each fiscal year shall be used to reduce the	168037
administrative cost rate charged to employers to cover	168038
appropriations for Bureau of Workers' Compensation operations.	168039

Section 605.04. That existing Section 1 of Sub. H.B. 34 of	168040
the 130th General Assembly is hereby repealed.	168041

Section 605.10. That Sections 205.10, 506.10, and 755.30 of	168042
Am. Sub. H.B. 51 of the 130th General Assembly be amended to read	168043
as follows:	168044

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

168045

State Highway Safety Fund Group	168046

4W40	762321	Operating Expense - BMV	$	130,559,268	$	130,418,957	168047
5V10	762682	License Plate Contribution	$	2,100,000	$	2,100,000	168048
7036	761321	Operating Expense - Information and Education	$	7,055,066	$	6,999,331	168049
7036	761401	Lease Rental Payments	$	2,472,300	$	2,473,100	168050
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	168051
7036	764321	Operating Expense - Highway Patrol	$	~~268,232,602~~ 268,743,502	$	270,232,602	168052
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	168053
8300	761603	Salvage and Exchange - Administration	$	20,053	$	20,053	168054
8310	761610	Information and Education - Federal	$	300,000	$	300,000	168055
8310	764608	FARS Grant Federal	$	175,000	$	175,000	168056
8310	764610	Patrol - Federal	$	2,250,000	$	2,250,000	168057
8310	764659	Transportation Enforcement - Federal	$	5,200,000	$	5,200,000	168058
8310	765610	EMS - Federal	$	225,000	$	225,000	168059
8310	769610	Investigative Unit Federal Reimbursement	$	1,400,000	$	1,400,000	168060
8310	769631	Homeland Security - Federal	$	750,000	$	400,000	168061
8320	761612	Traffic Safety - Federal	$	22,000,000	$	22,000,000	168062
8350	762616	Financial Responsibility Compliance	$	5,274,068	$	5,274,068	168063
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	168064
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	168065
83F0	764657	Law Enforcement Automated Data System	$	8,500,000	$	8,500,000	168066
83G0	764633	OMVI Enforcement/Education	$	641,927	$	641,927	168067
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	168068
83M0	765624	Operating - EMS	$	3,056,069	$	3,056,069	168069
83M0	765640	EMS - Grants	$	3,300,000	$	3,300,000	168070
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	168071
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	168072
8400	764607	State Fair Security	$	1,294,354	$	1,294,354	168073
8400	764617	Security and Investigations	$	8,793,865	$	9,514,236	168074
8400	764626	State Fairgrounds Police Force	$	1,047,560	$	1,084,559	168075
8400	769632	Homeland Security - Operating	$	650,000	$	630,000	168076
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	168077
8460	761625	Motorcycle Safety Education	$	3,280,563	$	3,280,563	168078
8490	762627	Automated Title Processing Board	$	16,675,513	$	16,467,293	168079
TOTAL HSF State Highway Safety Fund Group			$	~~515,450,460~~ 515,961,360	$	517,434,364	168080

General Services Fund Group	168081

4P60	768601	Justice Program Services	$	900,000	$	875,000	168082
5ET0	768625	Drug Law Enforcement	$	4,250,000	$	4,250,000	168083
5LM0	768698	Criminal Justice Services Law Enforcement Support	$	850,946	$	850,946	168084
TOTAL GSF General Services Fund Group			$	~~6,290,946~~ 6,000,946	$	~~6,265,946~~ 5,975,946	168085

Federal Special Revenue Fund Group	168086

3290	763645	Federal Mitigation Program	$	10,413,642	$	10,413,642	168087
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	168088
3390	763647	Emergency Management Assistance and Training	$	70,934,765	$	70,934,765	168089
3CE0	768611	Justice Assistance Grants – FFY09	$	400,000	$	100,000	168090
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,000,000	$	300,000	168091
3DU0	762628	BMV Grants	$	1,350,000	$	1,325,000	168092
3EU0	768614	Justice Assistance Grants – FFY10	$	830,000	$	500,000	168093
3FK0	768615	Justice Assistance Grants – FFY11	$	900,000	$	900,000	168094
3FP0	767620	Ohio Investigative Unit Justice Contraband	$	55,000	$	55,000	168095
3FY0	768616	Justice Assistance Grants – FFY12	$	2,200,000	$	1,500,000	168096
3FZ0	768617	Justice Assistance Grants – FFY13	$	7,000,000	$	2,000,000	168097
3GA0	768618	Justice Assistance Grants – FFY14	$	0	$	7,500,000	168098
3L50	768604	Justice Program	$	10,500,000	$	10,500,000	168099
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	168100
TOTAL FED Federal Special Revenue Fund Group			$	133,322,715	$	133,767,715	168101

State Special Revenue Fund Group	168102

4V30	763662	Storms/NOAA Maintenance	$	4,950,000	$	4,950,000	168103
5390	762614	Motor Vehicle Dealers Board	$	150,000	$	140,000	168104
5B90	766632	Private Investigator and Security Guard Provider	$	1,400,000	$	1,400,000	168105
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	168106
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	168107
5CM0	767691	Equitable Share Account	$	300,000	$	300,000	168108
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	168109
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	168110
5FL0	769634	Investigations	$	899,300	$	899,300	168111
5ML0	769635	Infrastructure Protection	$	400,000	$	400,000	168112
~~5BP0~~	~~764609~~	~~DPS Wireless 911 Administration~~	$	~~290,000~~	$	~~290,000~~	168113
6220	767615	Investigative Contraband and Forfeiture	$	325,000	$	325,000	168114
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	168115
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	168116
8500	767628	Investigative Unit Salvage	$	92,700	$	92,700	168117
TOTAL SSR State Special Revenue Fund Group			$	~~15,049,767~~ 14,759,767	$	~~15,039,767~~ 14,749,767	168118

Agency Fund Group	168119

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		168120
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		168121

Holding Account Redistribution Fund Group	168122

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	168123
R052	762623	Security Deposits	$	350,000	$	350,000	168124
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	168125
TOTAL ALL BUDGET FUND GROUPS			$	~~673,558,888~~ 673,779,788	$	~~675,952,792~~ 675,662,792	168126

MOTOR VEHICLE REGISTRATION

168127

The Registrar of Motor Vehicles may deposit revenues to meet	168128
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	168129
4W40) established in section 4501.25 of the Revised Code, obtained	168130
under sections 4503.02 and 4504.02 of the Revised Code, less all	168131
other available cash. Revenue deposited pursuant to this paragraph	168132
shall support, in part, appropriations for operating expenses and	168133
defray the cost of manufacturing and distributing license plates	168134
and license plate stickers and enforcing the law relative to the	168135
operation and registration of motor vehicles. Notwithstanding	168136
section 4501.03 of the Revised Code, the revenues shall be paid	168137
into Fund 4W40 before any revenues obtained pursuant to sections	168138
4503.02 and 4504.02 of the Revised Code are paid into any other	168139
fund. The deposit of revenues to meet the aforementioned cash	168140
needs shall be in approximately equal amounts on a monthly basis	168141
or as otherwise determined by the Director of Budget and	168142
Management pursuant to a plan submitted by the Registrar of Motor	168143
Vehicles.	168144

OPERATING EXPENSE – BMV

168145

Of the foregoing appropriation item 762321, Operating Expense	168146
– BMV, up to $50,000 in fiscal year 2014 shall be used to pay for	168147
costs associated with improvements to the program to accept	168148
applications for registration transactions of apportionable	168149
vehicles electronically over the internet.	168150

OPERATING EXPENSE - INFORMATION AND EDUCATION

168151

Of the foregoing appropriation item 761321, Operating Expense	168152
– Information and Education, up to $250,000 in each fiscal year	168153
may be used to fund state employees to staff travel information	168154
centers on the border of the state.	168155

The Department of Public Safety shall conduct a study for	168156
partnering with local travel and tourism centers, as well as a	168157
study for the creation of the Ohio Ambassadors Volunteer Program	168158
at rest stops.	168159

LEASE RENTAL PAYMENTS

168160

The foregoing appropriation item 761401, Lease Rental	168161
Payments, shall be used for payments to the Treasurer of State for	168162
the period July 1, 2013, through June 30, 2015, under the primary	168163
leases and agreements for public safety related buildings. The	168164
appropriations are the source of funds pledged for bond service	168165
charges on obligations pursuant to Chapters 152. and 154. of the	168166
Revised Code.	168167

OPERATING EXPENSE - HIGHWAY PATROL

168168

On July 1, 2013, or as soon as possible thereafter, the	168169
Director of Budget and Management shall transfer $510,900 cash	168170
from the GRF to the State Highway Safety Fund (Fund 7036). The	168171
transferred cash shall be used by the State Highway Patrol for the	168172
purchase of specialized equipment for examining commercial truck	168173
cargo.	168174

CASH TRANSFERS BETWEEN FUNDS

168175

Notwithstanding any provision of law to the contrary, the	168176
Director of Budget and Management, upon the written request of the	168177
Director of Public Safety, may transfer cash between the following	168178
six funds: the Trauma and Emergency Medical Services Fund (Fund	168179
83M0), the Homeland Security Fund (Fund 5DS0), the Investigations	168180
Fund (Fund 5FL0), the Emergency Management Agency Service and	168181
Reimbursement Fund (Fund 4V30), the Justice Program Services Fund	168182
(Fund 4P60), and the State Bureau of Motor Vehicles Fund (Fund	168183
4W40).	168184

CASH TRANSFER FROM TEEN DRIVER EDUCATION FUND TO LICENSE	168185
PLATE CONTRIBUTION FUND	168186

On July 1, 2013, or as soon as possible thereafter, the	168187
Director of Budget and Management may transfer the cash balance in	168188
the Teen Driver Education Fund (Fund 5JS0) to the License Plate	168189
Contribution Fund (Fund 5V10). Upon completion of the transfer,	168190
Fund 5JS0 is hereby abolished.	168191

CASH TRANSFER FROM HILLTOP UTILITY REIMBURSEMENT FUND TO	168192
STATE HIGHWAY SAFETY FUND	168193

Not later than January 1, 2014, the Director of Budget and	168194
Management may transfer the cash balance in the Hilltop Utility	168195
Reimbursement Fund (Fund 4S30) to the State Highway Safety Fund	168196
(Fund 7036). Upon completion of the transfer, Fund 4S30 is hereby	168197
abolished. The Director shall cancel any existing encumbrances	168198
against appropriation item 766661, Hilltop Utility Reimbursement,	168199
and reestablish them against appropriation item 761321, Operating	168200
Expense – Information and Education. The reestablished encumbrance	168201
amounts are hereby appropriated.	168202

CASH TRANSFER FROM REGISTRAR RENTAL FUND TO STATE HIGHWAY	168203
SAFETY FUND	168204

On July 1, 2013, or as soon as possible thereafter, the	168205
Director of Budget and Management shall transfer the cash balance	168206
in the Registrar Rental Fund (Fund 8380) to the State Bureau of	168207
Motor Vehicles Fund (Fund 4W40). Upon completion of the transfer,	168208
Fund 8380 is abolished.	168209

STATE DISASTER RELIEF

168210

The State Disaster Relief Fund (Fund 5330) may accept	168211
transfers of cash and appropriations from Controlling Board	168212
appropriation items for Ohio Emergency Management Agency disaster	168213
response costs and disaster program management costs, and may also	168214
be used for the following purposes:	168215

(A) To accept transfers of cash and appropriations from	168216
Controlling Board appropriation items for Ohio Emergency	168217
Management Agency public assistance and mitigation program match	168218
costs to reimburse eligible local governments and private	168219
nonprofit organizations for costs related to disasters;	168220

(B) To accept and transfer cash to reimburse the costs	168221
associated with Emergency Management Assistance Compact (EMAC)	168222
deployments;	168223

(C) To accept disaster related reimbursement from federal,	168224
state, and local governments. The Director of Budget and	168225
Management may transfer cash from reimbursements received by this	168226
fund to other funds of the state from which transfers were	168227
originally approved by the Controlling Board.	168228

(D) To accept transfers of cash and appropriations from	168229
Controlling Board appropriation items to fund the State Disaster	168230
Relief Program, for disasters that qualify for the program by	168231
written authorization of the Governor, and the State Individual	168232
Assistance Program for disasters that have been declared by the	168233
federal Small Business Administration and that qualify for the	168234
program by written authorization of the Governor. The Ohio	168235
Emergency Management Agency shall publish and make available	168236
application packets outlining procedures for the State Disaster	168237
Relief Program and the State Individual Assistance Program.	168238

JUSTICE ASSISTANCE GRANT FUND

168239

The federal payments made to the state for the Byrne Justice	168240
Assistance Grants Program under Title II of Division A of the	168241
American Recovery and Reinvestment Act of 2009 shall be deposited	168242
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	168243
which is hereby created in the state treasury. All investment	168244
earnings of the fund shall be credited to the fund.	168245

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	168246
AGENCY SERVICE AND REIMBURSEMENT FUND	168247

On July 1 of each fiscal year, or as soon as possible	168248
thereafter, the Director of Budget and Management shall transfer	168249
$200,000 cash from the State Fire Marshal Fund (Fund 5460) to the	168250
Emergency Management Agency Service and Reimbursement Fund (Fund	168251
4V30) to be distributed to the Ohio Task Force One – Urban Search	168252
and Rescue Unit, other similar urban search and rescue units	168253
around the state, and for the maintenance of the statewide fire	168254
emergency response plan by an entity recognized by the Ohio	168255
Emergency Management Agency.	168256

FAMILY VIOLENCE PREVENTION FUND

168257

Notwithstanding any provision of law to the contrary, in each	168258
of fiscal years 2014 and 2015, the first $750,000 received to the	168259
credit of the Family Violence Prevention Fund (Fund 5BK0) is	168260
appropriated to appropriation item 768689, Family Violence Shelter	168261
Programs, and the next $400,000 received to the credit of Fund	168262
5BK0 in each of those fiscal years is appropriated to	168263
appropriation item 768687, Criminal Justice Services - Operating.	168264
Any moneys received to the credit of Fund 5BK0 in excess of the	168265
aforementioned appropriated amounts in each fiscal year shall,	168266
upon the approval of the Controlling Board, be used to provide	168267
grants to family violence shelters in Ohio.	168268

SARA TITLE III HAZMAT PLANNING

168269

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	168270
entitled to receive grant funds from the Emergency Response	168271
Commission to implement the Emergency Management Agency's	168272
responsibilities under Chapter 3750. of the Revised Code.	168273

COLLECTIVE BARGAINING INCREASES

168274

Notwithstanding division (D) of section 127.14 and division	168275
(B) of section 131.35 of the Revised Code, except for the General	168276
Revenue Fund, the Controlling Board may, upon the request of	168277
either the Director of Budget and Management, or the Department of	168278
Public Safety with the approval of the Director of Budget and	168279
Management, authorize expenditures in excess of appropriations and	168280
transfer appropriations, as necessary, for any fund used by the	168281
Department of Public Safety, to assist in paying the costs of	168282
increases in employee compensation that have occurred pursuant to	168283
collective bargaining agreements under Chapter 4117. of the	168284
Revised Code and, for exempt employees, under section 124.152 of	168285
the Revised Code. Any money approved for expenditure under this	168286
paragraph is hereby appropriated.	168287

CASH BALANCE FUND REVIEW

168288

Not later than the first day of April in each fiscal year of	168289
the biennium, the Director of Budget and Management shall review	168290
the cash balances for each fund, except the State Highway Safety	168291
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	168292
4W40), in the State Highway Safety Fund Group, and shall recommend	168293
to the Controlling Board an amount to be transferred to the credit	168294
of Fund 7036 or Fund 4W40, as appropriate.	168295

AUTO REGISTRATION DISTRIBUTION FUND

168296

Notwithstanding the amendment by this act to section 4501.03	168297
of the Revised Code and the enactment by this act of section	168298
4501.031 of the Revised Code, any license tax assessed under	168299
Chapters 4503. or 4504. of the Revised Code, and derived from	168300
registrations processed on business days prior to July 1, 2013,	168301
shall be deposited to the state treasury to the credit of the Auto	168302
Registration Distribution Fund (Fund 7051) created by section	168303
4501.03 of the Revised Code, even if such deposit does not occur	168304
until on or after July 1, 2013. All license tax assessed on	168305
registrations under Chapters 4503. or 4504. of the Revised Code	168306
prior to July 1, 2013, shall be deposited, and distributed, in	168307
accordance with sections 4501.03, 4501.04, 4501.041, 4501.042, and	168308
4501.043 of the Revised Code as they existed prior to the	168309
amendments to those sections by this act.	168310

Sec. 506.10. Notwithstanding division (A)(3) of section	168311
4501.044 and division (A)(1) of section 4501.045 of the Revised	168312
Code, commencing July 1, 2013, and extending through June 30,	168313
2014, the Director of Public Safety shall deposit the money	168314
otherwise deposited and distributed in accordance with those	168315
divisions into the State Highway Safety Fund (Fund 7036) created	168316
by section 4501.06 of the Revised Code until such time as the	168317
deposits equal a cumulative total of ~~$35,000,000~~$29,000,000. At	168318
that point, the Director shall cease depositing any such money	168319
into Fund 7036 and shall deposit and distribute that money as	168320
prescribed in division (A)(3) of section 4501.044 and division	168321
(A)(1) of section 4501.045 of the Revised Code.	168322

Notwithstanding division (A)(3) of section 4501.044 and	168323
division (A)(1) of section 4501.045 of the Revised Code,	168324
commencing July 1, 2014, and extending through June 30, 2015, the	168325
Director of Public Safety shall deposit the money otherwise	168326
deposited and distributed in accordance with those divisions into	168327
the State Highway Safety Fund (Fund 7036) created by section	168328
4501.06 of the Revised Code until such time as the deposits equal	168329
a cumulative total of $35,000,000. At that point, the Director	168330
shall cease depositing any such money into Fund 7036 and shall	168331
deposit and distribute that money as prescribed in division (A)(3)	168332
of section 4501.044 and division (A)(1) of section 4501.045 of the	168333
Revised Code.	168334

Sec. 755.30. ~~On July 1~~Beginning on July 31, 2013, and on	168335
the ~~first~~last day of the month for each month thereafter, ~~the~~	168336
~~Treasurer of State,~~ before making any of the distributions	168337
specified in sections 5735.23, 5735.26, 5735.291, and 5735.30 of	168338
the Revised Code but after any transfers to the tax refund fund as	168339
required by those sections and section 5703.052 of the Revised	168340
Code, the Treasurer of State shall deposit the first two per cent	168341
of the amount of motor fuel tax received for the preceding	168342
calendar month to the credit of the Highway Operating Fund (Fund	168343
7002).	168344

Section 605.11. That existing Sections 205.10, 506.10, and	168345
755.30 of Am. Sub. H.B. 51 of the 130th General Assembly are	168346
hereby repealed.	168347

Section 605.20. That Section 753.30 of Am. Sub. H.B. 153 of	168348
the 129th General Assembly be amended to read as follows:	168349

Sec. 753.30. (A) The Governor is authorized to execute a deed	168350
in the name of the state conveying to a buyer or buyers to be	168351
determined in the manner provided in division (B) of this section	168352
all of the state's right, title, and interest in the real property	168353
of any facility under the management and control of the Department	168354
of Youth Services following the closure of that facility that the	168355
Director of Administrative Services determines is no longer	168356
required for state purposes. This section applies only to	168357
facilities that are closed before January 1, 2012.	168358

(B)(1) The Director of Administrative Services shall offer	168359
the real estate, improvements and chattels of a facility sold	168360
pursuant to division (A) of this section for sale "as is" in its	168361
present condition according to the following process:	168362

The real estate of the facility shall be sold as an entire	168363
parcel and not subdivided.	168364

The Director of Administrative Services shall conduct a	168365
sealed bid sale and the real property of the facility shall be	168366
sold to the highest bidder at a price acceptable to both the	168367
Director of Administrative Services and the Director of Youth	168368
Services.	168369

(2) The contract for sale of a facility pursuant to this	168370
section shall include a condition that requires the purchaser to	168371
provide preferential hiring treatment to employees or former	168372
employees of the Department of Youth Services in order to retain	168373
or rehire staff displaced as a result of the closure of the	168374
facility located on the property, to the extent the purchaser's	168375
use of the facility requires employees in the same or similar	168376
positions as those displaced as a result of the closure.	168377

The contract for sale also shall include a binding commitment	168378
that irrevocably grants to the state a right, upon the occurrence	168379
of any triggering event described in division (B)(2)(a) or (b) of	168380
this section and in accordance with the particular division, to	168381
repurchase the facility and the real property on which it is	168382
situated, any surrounding land that is to be transferred under the	168383
contract, or both the facility and real property on which it is	168384
situated plus the surrounding land that is to be transferred under	168385
the contract. The triggering events and the procedures for a	168386
repurchase under the irrevocable grant described in this division	168387
are as follows:	168388

(a) Before the purchaser, or the purchaser's successor in	168389
title, may resell or otherwise transfer the facility and the real	168390
property on which it is situated, any surrounding land that is to	168391
be transferred under the contract, or both the facility and real	168392
property on which it is situated plus the surrounding land that is	168393
to be transferred under the contract, the purchaser or successor	168394
first must offer the state the opportunity to repurchase the	168395
facility, real property, and surrounding land that is to be resold	168396
or transferred for a price not greater than the purchase price	168397
paid to the state for that facility, real property, or surrounding	168398
land, less depreciation from the time of the conveyance of that	168399
facility, real property, or surrounding land to the purchaser,	168400
plus the depreciated value of any capital improvements to that	168401
facility, real property, or surrounding land that were made to it	168402
and funded by anyone other than the state subsequent to the	168403
conveyance to the purchaser. The repurchase opportunity described	168404
in this division must be offered to the state at least one hundred	168405
twenty days before the purchaser intends to resell or otherwise	168406
transfer the facility, real property, or surrounding land that is	168407
to be resold or transferred. After being offered the repurchase	168408
opportunity, the state has the right to repurchase the facility,	168409
real property, and surrounding land that is to be resold or	168410
otherwise transferred for the price described in this division.	168411

(b) Upon the purchaser's default of any financial agreement	168412
for the purchase of the facility and the real property on which it	168413
is situated, any surrounding land that is to be transferred under	168414
the contract, or both the facility and real property on which it	168415
is situated plus the surrounding land that is to be transferred	168416
under the contract, upon the purchaser's default of any other term	168417
in the contract, or upon the purchaser's financial insolvency or	168418
inability to meet its contractual obligations, the state has the	168419
right to repurchase the facility and real property, the	168420
surrounding land, or both the facility and real property and the	168421
surrounding land, for a price not greater than the purchase price	168422
paid to the state for that facility, real property, or surrounding	168423
land, less depreciation from the time of the conveyance of that	168424
facility, real property, or surrounding land to the purchaser,	168425
plus the depreciated value of any capital improvements to that	168426
facility, real property, or surrounding land that were made to it	168427
and funded by anyone other than the state subsequent to the	168428
conveyance to the purchaser.	168429

(3) The Director of Administrative Services shall advertise	168430
the sealed bid sale in a newspaper of general circulation within	168431
Scioto County once a week for three consecutive weeks prior to the	168432
date of the sealed bid sale. The Director of Administrative	168433
Services may reject any and all bids from the sealed bid sale. The	168434
terms of sale shall be ten per cent of the purchase price in cash,	168435
bank draft, or certified check payable within five business days	168436
following written notification of the acceptance of the bid by the	168437
Director of Administrative Services, with the balance payable	168438
within sixty days after the date of the written notification of	168439
the acceptance of the bid by the Director of Administrative	168440
Services. A purchaser who does not complete the conditions of the	168441
sale as prescribed in this division shall forfeit the ten per cent	168442
of the purchase price paid to the state as liquidated damages.	168443
Should a purchaser not complete the conditions of sale as	168444
described in this division, the Director of Administrative	168445
Services is authorized to accept the next highest bid by	168446
collecting ten per cent of the revised purchase price from that	168447
bidder and to proceed to close the sale, provided that the	168448
secondary bid meets all other criteria provided for in this	168449
section. If the Director of Administrative Services rejects all	168450
bids from the sealed bid sale, the Director may repeat the sealed	168451
bid process described in this section or may use an alternate sale	168452
process acceptable to the Director of Youth Services.	168453

Advertising costs and any other costs incident to the sale of	168454
a facility pursuant to this section shall be paid by the	168455
Department of Youth Services.	168456

Upon notice from the Director of Administrative Services, the	168457
Auditor of State, with the assistance of the Attorney General,	168458
shall prepare a deed to the facility to the purchaser identified	168459
by the Director of Administrative Services. The deed shall be	168460
executed by the Governor, countersigned by the Secretary of State,	168461
presented in the Office of the Auditor of State for recording, and	168462
delivered to the grantee at closing and upon the grantee's payment	168463
of the balance of the purchase price. The grantee shall present	168464
the deed for recording in the office of the recorder of the county	168465
in which the facility is located.	168466

The grantee shall pay all costs associated with the purchase	168467
and conveyance of the facility, including the costs of recording	168468
the deed.	168469

The net proceeds of the conveyance of the facility shall be	168470
deposited into the State Treasury to the credit of the Adult and	168471
Juvenile Correctional Facilities Bond Retirement Fund and shall be	168472
used to offset bond indebtedness on state bonds issued for the	168473
facility that has been sold. The Director of Budget and Management	168474
may direct that any moneys remaining in the fund after the	168475
redemption or defeasance of the bonds issued for that facility be	168476
transferred to the General Revenue Fund.	168477

(C) This section expires two years after its effective date	168478
or on November 1, 2015, whichever is later.	168479

Section 605.21. That existing Section 753.30 of Am. Sub. H.B.	168480
153 of the 129th General Assembly is hereby repealed.	168481

Section 605.23. That Section 4 of Am. Sub. H.B. 279 of the	168482
129th General Assembly be amended to read as follows:	168483

Sec. 4. Notwithstanding any provision of the Revised Code to	168484
the contrary, individuals that provide services to a child under	168485
the autism scholarship program shall not be required to comply	168486
with the requirements of section 3310.43 of the Revised Code as	168487
enacted by this act until ~~twelve months after the effective date~~	168488
~~of this section~~December 20, 2014.	168489

Section 605.24. That existing Section 4 of Am. Sub. H.B. 279	168490
of the 129th General Assembly is hereby repealed.	168491

Section 605.30. That Section 11 of Sub. H.B. 303 of the 129th	168492
General Assembly be amended to read as follows:	168493

Sec. 11. (A) As used in this section, "intermediate care	168494
facility for individuals with intellectual disabilities" and	168495
"ICF/IID" mean an intermediate care facility for the mentally	168496
retarded as defined in the "Social Security Act," section 1905(d),	168497
42 U.S.C. 1396d(d).	168498

(B) The Department of Developmental Disabilities may conduct	168499
or contract with another entity to conduct, for the first quarter	168500
of calendar year 2013, assessments of all residents of each	168501
ICF/IID, regardless of payment source, who are in the ICF/IID, or	168502
on hospital or therapeutic leave from the ICF/IID, on the day or	168503
days that the assessments are conducted at the ICF/IID.	168504

(C) If assessments are conducted under division (B) of this	168505
section, the Department shall do all of the following:	168506

(1) In conducting the assessments, provide for both of the	168507
following:	168508

(a) The resident assessment instrument prescribed in rules	168509
authorized by ~~division (B) of~~ section ~~5111.232~~5124.191 of the	168510
Revised Code to be used in accordance with an inter-rater reliable	168511
process;	168512

(b) The assessments to be performed by individuals who meet	168513
the requirements to be qualified intellectual disability	168514
professionals, as specified in 42 C.F.R. 483.430(a).	168515

(2) Use the data obtained from the assessments to determine	168516
each ICF/IID's case-mix score for the first quarter of calendar	168517
year 2013;	168518

(3) ~~For the purpose of determining each ICF/IID's fiscal year~~	168519
~~2014 Medicaid rates for direct care costs and subject~~Subject to	168520
divisions (C)~~(8)~~(7), (D), and ~~(E)~~(F) of this section, ~~do both of~~	168521
~~the following~~determine the fiscal year 2014 Medicaid payment rate	168522
for the direct care costs of each ICF/IID as follows:	168523

(a) Determine the average of the following:

168524

(i) The ICF/IID's case-mix score determined or assigned under	168525
section 5124.192 of the Revised Code for the last quarter of	168526
calendar year 2012;	168527

(ii) The ICF/IID's case-mix score determined under section	168528
5124.192 of the Revised Code for the first quarter of calendar	168529
year 2013;	168530

(iii) The ICF/IID's case-mix score determined under division	168531
(C)(2) of this section for the first quarter of calendar year	168532
2013.	168533

(b) In determining costs per case-mix units and maximum costs	168534
per case-mix units for the purpose of ~~division~~divisions (B) and	168535
(C) of section ~~5111.23~~5124.19 of the Revised Code, use ~~each~~	168536
~~ICF/IID's case-mix score~~the average determined under division	168537
(C)~~(2)~~(3)(a) of this section in place of the ICF/IID's average	168538
case-mix score for calendar year 2012;	168539

~~(b) Instead of determining quarterly Medicaid rates for the~~	168540
~~direct care costs of each ICF/IID pursuant to division (D) of~~	168541
~~section 5111.23 of the Revised Code, determine, as follows, one~~	168542
~~Medicaid rate for the direct care costs of each ICF/IID to be paid~~	168543
~~for all of fiscal year 2014:~~	168544

~~(i)~~(c) Multiply the ~~ICF/IID's case-mix score~~average	168545
determined under division (C)~~(2)~~(3)(a) of this section by the	168546
lesser of the cost per case-mix unit determined for the ICF/IID	168547
pursuant to division (C)(3)~~(a)~~(b) of this section or the maximum	168548
cost per case-mix unit determined for the ICF/IID's peer group	168549
pursuant to division (C)(3)~~(a)~~(b) of this section;	168550

~~(ii)~~(d) Adjust the product determined under division	168551
(C)(3)~~(b)(i)~~(c) of this section by the inflation rate estimated in	168552
accordance with division ~~(B)(3)~~(D) of section ~~5111.23~~5124.19 of	168553
the Revised Code.	168554

(4) For the purpose of determining each ICF/IID's fiscal year	168555
2015 Medicaid rates for direct care costs and subject to division	168556
(C)~~(8)~~(7) of this section, use the ~~following when determining,~~	168557
~~pursuant to the second paragraph of division (C) of section~~	168558
~~5111.232 of the Revised Code, each~~ ICF/IID's ~~annual average~~	168559
case-mix score determined under division (C)(2) of this section	168560
for the first quarter of calendar year 2013:	168561

~~(a) For the first quarter of calendar year 2013, the~~	168562
~~ICF/IID's case-mix score determined under division (C)(2) of this~~	168563
~~section;~~	168564

~~(b) For the last three quarters of calendar year 2013 and~~	168565
~~except as provided in division (D) of section 5111.232 of the~~	168566
~~Revised Code, the ICF/IID's case-mix scores determined by using~~	168567
~~the data the ICF/IID provider compiles in accordance with the~~	168568
~~first paragraph of division (C) of section 5111.232 of the Revised~~	168569
~~Code.~~if the ICF/IID provider does not submit resident assessment	168570
data for that quarter pursuant to section 5124.191 of the Revised	168571
Code;	168572

(5) ~~Notify each ICF/IID provider that the provider is~~	168573
~~permitted but not required to compile assessment data for the~~	168574
~~first quarter of calendar year 2013 pursuant to the first~~	168575
~~paragraph of division (C) of section 5111.232 of the Revised Code;~~	168576

~~(6)~~ After the assessments of all of an ICF/IID's residents	168577
are completed but not later than April 30, 2013, provide, or have	168578
the entity (if any) with which the Department contracts pursuant	168579
to division (B) of this section provide, the results of the	168580
assessments to the ICF/IID provider;	168581

~~(7)~~(6) Conduct, in accordance with division (C)~~(8)~~(7) of this	168582
section, a reconsideration for any ICF/IID provider who does both	168583
of the following:	168584

(a) Submits a written request for the reconsideration to the	168585
Department not later than fifteen days after the provider receives	168586
the assessments' results pursuant to division (C)~~(6)~~(5) of this	168587
section;	168588

(b) Includes in the request all of the following:

168589

(i) A detailed explanation of the items in the assessments'	168590
results that the provider disputes;	168591

(ii) Copies of relevant supporting documentation from	168592
specific resident records;	168593

(iii) The provider's proposed resolution of the disputes.

168594

~~(8)~~(7) When conducting a reconsideration required by division	168595
(C)~~(7)~~(6) of this section, do both of the following:	168596

(a) Consider all of the following:

168597

(i) The historic results of the resident assessments	168598
performed pursuant to section 5124.191 of the Revised Code	168599
(formerly the first paragraph of division (C) of section ~~5111.232~~	168600
5124.19 of the Revised Code as that section existed on the day	168601
immediately before the effective date of the amendments to that	168602
section by Sub. H.B. 59 of the 130th general assembly) by the	168603
ICF/IID provider who requested the reconsideration;	168604

(ii) All of the materials the provider includes in the	168605
reconsideration request;	168606

(iii) All other matters the Department determines necessary	168607
for consideration.	168608

(b) Issue a written decision regarding the reconsideration	168609
not later than the sooner of the following:	168610

(i) Thirty days after the Department receives the	168611
reconsideration request;	168612

(ii) June 1, 2013.

168613

(D) If an ICF/IID provider does not submit resident	168614
assessment data to the department pursuant to section 5124.191 of	168615
the Revised Code for the first quarter of calendar year 2013, the	168616
Department shall use the case-mix scores specified in divisions	168617
(C)(3)(a)(i) and (iii) of this section when determining the	168618
average under division (C)(3)(a) of this section.	168619

(E) The Department's decision regarding a reconsideration	168620
required by division (C)~~(7)~~(6) of this section is final and not	168621
subject to further appeal.	168622

~~(E)~~(F) Regardless of what an ICF/IID's case-mix score is	168623
determined to be under division (C)(2) of this section or pursuant	168624
to a reconsideration required by division (C)~~(7)~~(6) of this	168625
section, no such case-mix score shall cause an ICF/IID's fiscal	168626
year 2014 Medicaid payment rate for direct care costs to be less	168627
than ninety per cent of its June 30, 2013, Medicaid rate for	168628
direct care costs.	168629

~~(F)~~(G) No ICF/IID provider shall be treated as having failed,	168630
for the first quarter of calendar year 2013, to timely submit data	168631
necessary to determine the ICF/IID's case-mix score for that	168632
quarter if the assessment is to be conducted under division (B) of	168633
this section.	168634

~~(G)~~(H) The Department may provide for assessments to be	168635
conducted under division (B) of this section and, if it so	168636
provides, shall comply with the other divisions of this section	168637
notwithstanding anything to the contrary in sections ~~5111.20~~	168638
5124.01, ~~5111.23~~5124.19, 5124.191, and ~~5111.232~~5124.192 of the	168639
Revised Code.	168640

Section 605.31. That existing Section 11 of Sub. H.B. 303 of	168641
the 129th General Assembly is hereby repealed.	168642

Section 605.33. That Section 9 of Am. Sub. H.B. 386 of the	168643
129th General Assembly be amended to read as follows:	168644

Sec. 9. A)(A) As used in this section, "permit holder" and	168645
"track" have the same meanings as in Section 7 of this act.	168646

(B) ~~Within six months of the effective date of this section,~~	168647
~~the~~The Governor, in consultation with the State Racing	168648
Commission, shall discuss, negotiate in good faith, and reach an	168649
agreement with necessary parties regarding providing five hundred	168650
thousand dollars per year, with the first payment by December 31,	168651
2014, and annually thereafter, to the municipal corporations or	168652
townships receiving moneys from the ~~Racetrack Relocation~~Casino	168653
Operator Settlement Fund under ~~division (E)(3) of~~ Section 710 of	168654
~~this act~~Am. Sub. H.B. 386 of the 129th General Assembly, as	168655
subsequently amended.	168656

Section 605.34. That existing Section 9 of Am. Sub. H.B. 386	168657
of the 129th General Assembly is hereby repealed.	168658

Section 605.40. That Section 4 of Am. Sub. H.B. 472 of the	168659
129th General Assembly be amended to read as follows:	168660

Sec. 4. That ~~sections 5507.40 and~~section 5507.53 of the	168661
Revised Code ~~are~~is hereby repealed.	168662

Section 605.41. That existing Section 4 of Am. Sub. H.B. 472	168663
of the 129th General Assembly is hereby repealed.	168664

Section 610.10. That Sections 201.80, 205.83, and 509.40 of	168665
Sub. H.B. 482 of the 129th General Assembly be amended to read as	168666
follows:	168667

Sec. 201.80. All items set forth in this section are hereby	168668
appropriated out of any moneys in the state treasury to the credit	168669
of the School Building Program Assistance Fund (Fund 7032), that	168670
are not otherwise appropriated.	168671

Appropriations

SFC SCHOOL FACILITIES COMMISSION	168672

C23002	School Building Program Assistance	$	~~425,000,000~~ 413,000,000	168673
C23020	School Security Grant Program	$	12,000,000	168674
Total School Facilities Commission		$	425,000,000	168675
TOTAL School Building Program Assistance Fund		$	425,000,000	168676

SCHOOL BUILDING PROGRAM ASSISTANCE

168677

The foregoing appropriation item C23002, School Building	168678
Program Assistance, shall be used by the School Facilities	168679
Commission to provide funding to school districts that receive	168680
conditional approval from the Commission pursuant to Chapter 3318.	168681
of the Revised Code.	168682

SCHOOL SECURITY GRANT PROGRAM

168683

The foregoing appropriation item C23020, School Security	168684
Grant Program, shall be used by the School Facilities Commission	168685
to provide funding to all public schools for school security	168686
expenditures including the purchase and installation of one	168687
Multi-Agency Radio Communications System (MARCS) unit per school	168688
building and a security door system, consisting of a security	168689
camera, an intercom, and remote access, at one entrance per school	168690
building. If law enforcement agencies with jurisdiction over all	168691
or a portion of the geographical area of a public school do not	168692
use MARCS, a public school may purchase one emergency	168693
communications system compatible with the system or systems in use	168694
by law enforcement agencies with jurisdiction over the school	168695
territory. A school may apply to the School Facilities Commission	168696
for reimbursement up to $2,000 for one MARCS unit or other	168697
emergency communications system per school building and up to	168698
$5,000 for costs incurred with the purchase of a security door	168699
system installed on or after January 1, 2013. A school may receive	168700
reimbursement for either a MARCS unit or another emergency	168701
communications system, but not both.	168702

Sec. 205.83. The Ohio Public Facilities Commission is hereby	168703
authorized to issue and sell, in accordance with Section 2o and 2q	168704
of Article VIII, Ohio Constitution, and pursuant to sections	168705
151.01 and 151.09 of the Revised Code, original obligations of the	168706
state in an aggregate principal amount not to exceed $~~6,000,000~~	168707
12,500,000 in addition to the original issuance of obligations	168708
heretofore authorized by prior acts of the General Assembly. These	168709
authorized obligations shall be issued and sold from time to time,	168710
subject to applicable constitutional and statutory limitations, as	168711
needed to ensure sufficient moneys to the credit of the Clean Ohio	168712
Trail Fund (Fund 7061) to pay costs of conservation projects.	168713

Sec. 509.40. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	168714
PROJECTS	168715

Notwithstanding ~~sections 123.01 and 123.15~~section 123.21 of	168716
the Revised Code, the Executive Director of ~~Administrative~~	168717
~~Services~~the Ohio Facilities Construction Commission may authorize	168718
the Departments of Mental Health, Developmental Disabilities,	168719
Agriculture, Job and Family Services, Rehabilitation and	168720
Correction, Youth Services, Public Safety, Transportation, ~~and~~	168721
Veterans Services, and the Bureau of Workers' Compensation to	168722
administer any capital facilities projects, the estimated cost of	168723
which, including design fees, construction, equipment, and	168724
contingency amounts, is less than $1,500,000. Requests for	168725
authorization to administer capital facilities projects shall be	168726
made ~~in writing to the Director of Administrative Services~~through	168727
the OAKS-CI application by the applicable state agency ~~within~~	168728
~~sixty days after the effective date of the section of law in which~~	168729
~~the General Assembly initially makes an appropriation for the~~	168730
~~project~~. Upon the release of funds for the projects by the	168731
Controlling Board or the Director of Budget and Management, the	168732
agency may administer the capital project or projects for which	168733
agency administration has been authorized without the supervision,	168734
control, or approval of the Executive Director of ~~Administrative~~	168735
~~Services~~the Ohio Facilities Construction Commission.	168736

A state agency authorized by the Executive Director of	168737
~~Administrative Services~~the Ohio Facilities Construction	168738
Commission to administer capital facilities projects pursuant to	168739
this section shall comply with the applicable procedures and	168740
guidelines established in Chapter 153. of the Revised Code and	168741
shall track all project information in OAKS-CI pursuant to Ohio	168742
Facilities Construction Commission guidelines.	168743

Section 610.11. That existing Sections 201.80, 205.83, and	168744
509.40 of Sub. H.B. 482 of the 129th General Assembly are hereby	168745
repealed.	168746

Section 610.14. That Sections 301.11, 301.12, and 301.13 of	168747
Am. Sub. H.B. 487 of the 129th General Assembly be amended to read	168748
as follows:	168749

Sec. 301.11. The items set forth in this section are hereby	168750
appropriated out of any moneys in the state treasury to the credit	168751
of the Clean Ohio Conservation Fund (Fund 7056) that are not	168752
otherwise appropriated.	168753

Appropriations

PWC PUBLIC WORKS COMMISSION	168754

C15060	Clean Ohio Conservation	$	~~36,000,000~~ 75,000,000	168755
Total Public Works Commission		$	~~36,000,000~~ 75,000,000	168756
TOTAL Clean Ohio Conservation Fund		$	~~36,000,000~~ 75,000,000	168757

The foregoing appropriation item C15060, Clean Ohio	168758
Conservation, shall be used in accordance with sections 164.20 to	168759
164.27 of the Revised Code. If the Public Works Commission	168760
receives refunds due to project overpayments that are discovered	168761
during the post-project audit, the Director of the Public Works	168762
Commission may certify to the Director of Budget and Management	168763
that refunds have been received. If the Director of Budget and	168764
Management determines that the project refunds are available to	168765
support additional appropriations, such amounts are hereby	168766
appropriated.	168767

Sec. 301.12. The items set forth in this section are hereby	168768
appropriated out of any moneys in the state treasury to the credit	168769
of the Clean Ohio Agricultural Easement Fund (Fund 7057) that are	168770
not otherwise appropriated.	168771

Appropriations

AGR DEPARTMENT OF AGRICULTURE	168772

C70009	Clean Ohio Agricultural Easements	$	~~6,000,000~~ 12,500,000	168773
Total Department of Agriculture		$	~~6,000,000~~ 12,500,000	168774
TOTAL Clean Ohio Agricultural Easement Fund		$	~~6,000,000~~ 12,500,000	168775

Sec. 301.13. (A) The Ohio Public Facilities Commission is	168777
hereby authorized to issue and sell, in accordance with Section 2o	168778
and 2q of Article VIII, Ohio Constitution, and pursuant to	168779
sections 151.01 and 151.09 of the Revised Code, original	168780
obligations of the state in an aggregate principal amount not to	168781
exceed $~~36,000,000~~75,000,000 in addition to the original issuance	168782
of obligations heretofore authorized by prior acts of the General	168783
Assembly. These authorized obligations shall be issued and sold	168784
from time to time, subject to applicable constitutional and	168785
statutory limitations, as needed to ensure sufficient moneys to	168786
the credit of the Clean Ohio Conservation Fund (Fund 7056) to pay	168787
costs of conservation projects.	168788

(B) The Ohio Public Facilities Commission is hereby	168789
authorized to issue and sell, in accordance with Section 2o and 2q	168790
of Article VIII, Ohio Constitution, and pursuant to sections	168791
151.01 and 151.09 of the Revised Code, original obligations of the	168792
state in an aggregate principal amount not to exceed $~~6,000,000~~	168793
12,500,000 in addition to the original issuance of obligations	168794
heretofore authorized by prior acts of the General Assembly. These	168795
authorized obligations shall be issued and sold from time to time,	168796
subject to applicable constitutional and statutory limitations, as	168797
needed to ensure sufficient moneys to the credit of the Clean Ohio	168798
Agricultural Easement Fund (Fund 7057) to pay costs of	168799
conservation projects.	168800

Section 610.15. That existing Sections 301.11, 301.12, and	168801
301.13 of Am. Sub. H.B. 487 of the 129th General Assembly are	168802
hereby repealed.	168803

Section 610.15.10. That Section 10 of Am. Sub. H.B. 386 of	168804
the 129th General Assembly, as amended by Am. Sub. H.B. 51 of the	168805
130th General Assembly, be amended to read as follows:	168806

Sec. 10. As used in this section, "commercial racetrack" has	168807
the same meaning as "track" as found in Sections 3 and 7 of Am.	168808
Sub. H.B. 386 of the 129th General Assembly.	168809

To the extent that sufficient cash is available, within three	168810
months after the receipt of moneys into the Casino Operator	168811
Settlement Fund created in section 3772.34 of the Revised Code,	168812
the Director of Budget and Management shall pay one million	168813
dollars to the municipal corporation or township in which ~~each~~	168814
greater than fifty per cent of the real property of a commercial	168815
racetrack iswas located~~, including~~on June 11, 2012, or a	168816
municipal corporation or township to which greater than fifty per	168817
cent of the real property of a commercial racetrack is to relocate	168818
~~as specified in the memorandum of understanding of February 17,~~	168819
~~2012, between the Office of the Governor, State of Ohio, and Penn~~	168820
~~National Gaming, Inc., pertaining to racing permit transfers~~, but	168821
excluding the previous municipal corporation or township of each	168822
moved ~~track~~or moving commercial racetrack, and excluding a	168823
municipal corporation or township in a county with a population	168824
between 1,100,000 and 1,200,000 in the most recent federal	168825
decennial census. Additionally, within six months after the first	168826
payments made under this section, the Director of Budget and	168827
Management shall pay an additional one million dollars to each of	168828
these municipal corporations and townships. Not more than six	168829
municipal corporations or townships shall be eligible for the	168830
payments under this section. The determination of which six	168831
municipal corporations or townships are eligible to receive	168832
payments under this section shall be made solely by the Director	168833
of Budget and Management. Each municipal corporation or township	168834
receiving such a payment shall use at least fifty per cent of the	168835
funds received for infrastructure or capital improvements. If	168836
after either of the payments referenced in this section, a	168837
municipal corporation or township loses a commercial racetrack as	168838
a result of the commercial racetrack permit holder's decision to	168839
relocate to another municipal corporation or township, the	168840
municipal corporation or township losing the commercial racetrack	168841
becomes eligible for a payment from the Racetrack Facility	168842
Community Economic Redevelopment Fund provided for in Sections 7	168843
and 8 of H.B. 386 of the 129th General Assembly after all of the	168844
communities that have already lost a racetrack permit holder's	168845
commercial racetrack at the time the first payments referenced in	168846
this section are made have each been awarded up to $3 million for	168847
the initial loss of such commercial racetracks. Such a municipal	168848
corporation or township shall not receive more than the sum of $3	168849
million minus any payments made by the Director of Budget and	168850
Management in accordance with this section. The Director of Budget	168851
and Management is also authorized to establish any necessary	168852
appropriation items in the appropriate funds and agencies in order	168853
to make any payments required under this section. Any funds in	168854
such items are hereby appropriated.	168855

Section 610.15.11. That existing Section 10 of Am. Sub. H.B.	168856
386 of the 129th General Assembly, as amended by Am. Sub. H.B. 51	168857
of the 130th General Assembly, is hereby repealed.	168858

Section 610.16. That Section 205.80 of Sub. H.B. 482 of the	168859
129th General Assembly, as amended by Am. Sub. H.B. 487 of the	168860
129th General Assembly, be amended to read as follows:	168861

Sec. 205.80. The items set forth in this section are hereby	168862
appropriated out of any moneys in the state treasury to the credit	168863
of the Clean Ohio Trail Fund (Fund 7061) that are not otherwise	168864
appropriated.	168865

DNR DEPARTMENT OF NATURAL RESOURCES	168866

Appropriations

C72514	Clean Ohio Local Grants	$	~~6,000,000~~ 12,500,000	168867
Total Department of Natural Resources		$	~~6,000,000~~ 12,500,000	168868
TOTAL Clean Ohio Trail Fund		$	~~6,000,000~~ 12,500,000	168869

Section 610.17. That existing Section 205.80 of Sub. H.B. 482	168871
of the 129th General Assembly, as amended by Am. Sub. H.B. 487 of	168872
the 129th General Assembly, is hereby repealed.	168873

Section 610.20. That Section 4 of Sub. S.B. 171 of the 129th	168874
General Assembly, as amended by Am. Sub. H.B. 487 of the 129th	168875
General Assembly, be amended to read as follows:	168876

Sec. 4. The following agencies are retained under division	168877
(D) of section 101.83 of the Revised Code and expire on December	168878
31, 2016:	168879

AGENCY NAME	REVISED CODE OR UNCODIFIED SECTION	168880
Academic Distress Commission	3302.10	168881
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	168882
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence	3323.33, 3323.34	168883
Advisory Council on Amusement Ride Safety	1711.51, 1711.52	168884
~~Advisory Council of Directors for Prison Labor~~ Office of Enterprise Development Advisory Board	5145.162	168885
Advisory Council for Wild, Scenic, or Recreational River Area(s)	1547.84	168886
Advisory Committee on Livestock Exhibitions	901.71	168887
Agricultural Commodity Marketing Programs Operating Committees	924.07	168888
Agricultural Commodity Marketing Programs Coordinating Committee	924.14	168889
Alternative Energy Advisory Committee	4928.64(D)	168890
AMBER Alert Advisory Committee	5502.521	168891
Apprenticeship Council	Chapter 4139.	168892
Armory Board of Control	5911.09, 5911.12	168893
Automated Title Processing Board	4505.09(C)(1)	168894
Backflow Advisory Board	3703.21	168895
Banking Commission	1123.01	168896
Board of Directors of the Great Lakes Protection Fund	1506.22 (6161.04)	168897
Board of Directors of the Medical Liability Underwriting Association Stabilization Fund	3929.631	168898
Board of Directors of the Ohio Appalachian Center for Higher Education	3333.58	168899
Board of Directors of the Ohio Health Reinsurance Program	3924.08 - 3924.11	168900
Board of Governors of the Commercial Insurance Joint Underwriting Association	3930.03	168901
Board of Governors of the Medical Liability Underwriting Association	3929.64	168902
Board of Voting Machines Examiners	3506.05	168903
Budget Planning and Management Commission	Section 509.10, H.B. 1, 128th G.A.	168904
Brain Injury Advisory Committee	3304.231	168905
Bureau of Workers' Compensation Board of Directors	4121.12	168906
Capitol Square Review and Advisory Board	105.41	168907
Child Care Advisory Council	5104.08	168908
Child Support Guideline Advisory Council	3119.024	168909
Children's Trust Fund Board	3109.15 - 3109.17	168910
Citizen's Advisory Council	5123.092, 5123.093	168911
Clean Ohio Trail Advisory Board	1519.06	168912
Coastal Resources Advisory Council	1506.12	168913
Commission on African-American Males	4112.12, 4112.13	168914
Commission on Hispanic-Latino Affairs	121.31	168915
Commission on Minority Health	3701.78	168916
Committee on Prescriptive Governance	4723.49 - 4723.492	168917
Commodity Advisory Commission	926.32	168918
Consumer Advisory Committee to the Opportunities for Ohioans with Disabilities Commission	3304.16 (3304.14), Section 803.40	168919
Continuing Education Committee	109.80(B)	168920
Council on Alcohol and Drug Addiction Services	3793.09	168921
Council on Unreclaimed Strip Mined Lands	1513.29	168922
County Sheriff's Standard Car Marking and Uniform Commission	311.25 - 311.27	168923
Credential Review Board	3319.65	168924
Credit Union Council	1733.329	168925
Criminal Sentencing Advisory Committee	181.22	168926
Data Collection and Analysis Group	3727.32	168927
Dentist Loan Repayment Advisory Board	3702.92	168928
Department Advisory Council(s)	107.18, 121.13	168929
Development Financing Advisory Council	122.40, 122.41	168930
Early Childhood Advisory Council	3301.90	168931
Education Commission of the States (Interstate Compact for Education)	3301.48, 3301.49	168932
Education Management Information System Advisory Board	3301.0713	168933
Educator Standards Board	3319.60	168934
Electrical Safety Inspector Advisory Committee	3783.08	168935
Emergency Response Commission	3750.02	168936
Engineering Experiment Station Advisory Committee	3335.27	168937
Environmental Education Council	3745.21	168938
Environmental Protection Agency Advisory Board(s)	121.13, 3704.03, 3745.01	168939
~~eTech Ohio~~ Broadcast Educational Media Commission	3353.02 - 3353.04	168940
Ex-Offender Reentry Coalition	5120.07	168941
Farmland Preservation Advisory Board	901.23	168942
Financial Planning and Supervision Commission(s) for Municipal Corporation, County, or Township	118.05	168943
Financial Planning and Supervision Commission for a school district	3316.05	168944
Forestry Advisory Council	1503.40	168945
Governance Authority for a State University or College	3345.75	168946
Governor's Council on People with Disabilities	3303.41	168947
Governor's Policy Information Working Group	Section 313, H.B. 420, 127th G.A.	168948
Governor's Residence Advisory Commission	107.40	168949
Grain Marketing Program Operating Committee	924.20 - 924.30	168950
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	168951
Gubernatorial Transition Committee	107.29, 126.26	168952
Help Me Grow Advisory Council	3701.611	168953
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council	3701.0210	168954
Homeland Security Advisory Council	5502.011(E)	168955
Hospital Measures Advisory Council	3727.31	168956
Housing Trust Fund Advisory Committee	174.06	168957
Industrial Commission Nominating Council	4121.04	168958
Industrial Technology and Enterprise Advisory Council	122.29, 122.30	168959
Infant Hearing Screening Subcommittee	3701.507	168960
Infection Control Group	3727.312(D)	168961
Insurance Agent Education Advisory Council	3905.483	168962
Interstate Rail Passenger Advisory Council	4981.35	168963
Joint Select Committee on Volume Cap	133.021	168964
Labor-Management Government Advisory Council	4121.70	168965
Legislative Programming Committee of the Ohio Government Telecommunications Service	3353.07	168966
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	168967
Maternity and Newborn Advisory Council	3711.20, 3711.21	168968
Medically Handicapped Children's Medical Advisory Council	3701.025	168969
Midwest Interstate Passenger Rail Compact Commission	4981.361	168970
Milk Sanitation Board	917.03 - 917.032	168971
Mine Subsidence Insurance Governing Board	3929.51	168972
Minority Development Financing Advisory Board	122.72, 122.73	168973
Multi-Agency Radio Communications System (MARCS) Steering Committee	Section 15.02, H.B. 640, 123rd G.A.	168974
National Museum of Afro-American History and Culture Planning Committee	149.303	168975
New African Immigrants Commission	4112.31, 4112.32	168976
Ohio Accountability Task Force	3302.021(E)	168977
Ohio Advisory Council for the Aging	173.03	168978
Ohio Agriculture License Plate Scholarship Fund Board	901.90	168979
Ohio Arts Council	Chapter 3379.	168980
Ohio Business Gateway Steering Committee	5703.57	168981
Ohio Cemetery Dispute Resolution Commission	4767.05, 4767.06	168982
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)(4)	168983
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	168984
Ohio Commission on Dispute Resolution and Conflict Management	179.02 - 179.04	168985
Ohio Commission on Fatherhood	5101.34	168986
Ohio Community Service Council	121.40 - 121.404	168987
Ohio Council for Interstate Adult Offender Supervision	5149.22	168988
Ohio Cultural Facilities Commission	Chapter 3383.	168989
Ohio Cystic Fibrosis Legislative Task Force	101.38	168990
Ohio Developmental Disabilities Council	5123.35	168991
Ohio Expositions Commission	991.02	168992
Ohio Family and Children First Cabinet Council	121.37	168993
Ohio Geographically Referenced Information Program Council	125.901, 125.902	168994
Ohio Geology Advisory Council	1501.11	168995
Ohio Grape Industries Committee	924.51 - 924.55	168996
Ohio Historic Site Preservation Advisory Board	149.301	168997
Ohio Historical Society Board of Trustees	149.30	168998
Ohio Judicial Conference	105.91 - 105.97	168999
Ohio Lake Erie Commission	1506.21	169000
Ohio Legislative Commission on the Education and Preservation of State History	Section 701.05, H.B. 1, 128th G.A.	169001
Ohio Medical Quality Foundation	3701.89	169002
Ohio Parks and Recreation Council	1541.40	169003
Ohio Peace Officer Training Commission	109.71, 109.72	169004
Ohio Private Investigation and Security Services Commission	4749.021, 4743.01	169005
Ohio Public Defender Commission	120.01 - 120.03	169006
Ohio Public Library Information Network Board of Trustees	3375.65, 3375.66	169007
Ohio Quarter Horse Development Commission	3769.086	169008
Ohio Small Government Capital Improvements Commission	164.02(C)(D)	169009
Ohio Soil and Water Conservation Commission	1515.02	169010
Ohio Standardbred Development Commission	3769.085	169011
Ohio Subrogation Rights Commission	2323.44	169012
Ohio Thoroughbred Racing Advisory Committee	3769.084	169013
Ohio Transportation Finance Commission	5531.12(B) to (D)	169014
Ohio Tuition Trust Authority	3334.03, 3334.08	169015
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10, 3337.11	169016
Ohio Vendors Representative Committee	3304.34, 20 USC 107	169017
Ohio War Orphans Scholarship Board	5910.02 - 5910.06	169018
Ohio Water Advisory Council	1521.031	169019
Ohio Water Resources Council Advisory Group	1521.19	169020
Ohio Water Resources Council	1521.19	169021
Oil and Gas Commission	1509.35	169022
Operating Committee of the Oil and Gas Marketing Program	1510.06, 1510.11	169023
Organized Crime Investigations Commission	177.01	169024
Pharmacy and Therapeutics Committee of the Department of ~~Job and Family Services~~ Medicaid	~~5111.084~~ 5164.7510	169025
Physician Assistant Policy Committee of the State Medical Board	4730.05, 4730.06	169026
Physician Loan Repayment Advisory Board	3702.81	169027
Power Siting Board	4906.02	169028
Prequalification Review Board	5525.07	169029
Private Water Systems Advisory Council	3701.346	169030
Public Utilities Commission Nominating Council	4901.021	169031
Public Utility Property Tax Study Committee	5727.85(K)	169032
Radiation Advisory Council	3748.20	169033
Reclamation Commission	1513.05	169034
Reclamation Forfeiture Fund Advisory Board	1513.182	169035
Recreation and Resources Commission	1501.04	169036
Recycling and Litter Prevention Advisory Council	1502.04	169037
School and Ministerial Lands Divestiture Committee	501.041	169038
Savings and Loan Associations and Savings Banks Board	1181.16	169039
Second Chance Trust Fund Advisory Committee	2108.35	169040
Service Coordination Workgroup	Section 751.20, H.B. 1, 128th G.A.	169041
Ski Tramway Board	4169.02	169042
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	169043
Solid Waste Management Advisory Council	3734.51	169044
Special Commission to Consider the Suspension of Local Government Officials	3.16	169045
Speed to Scale Task Force	Section 375.60.80, H.B. 119, 128th G.A.	169046
State Agency Coordinating Group	1521.19	169047
State Audit Committee	126.46	169048
State Council of Uniform State Laws	105.21 - 105.27	169049
State Criminal Sentencing Commission	181.22 - 181.26	169050
State Fire Council	3737.81	169051
State Library Board	3375.01	169052
State Victims Assistance Advisory Council	109.91(B) and (C)	169053
Statewide Consortium of County Law Library Resource Boards	3375.481	169054
STEM Committee	3326.02	169055
Student Tuition Recovery Authority	3332.081	169056
Sunset Review Committee	101.84 - 101.87	169057
Tax Credit Authority	122.17(M)	169058
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office	1551.35	169059
Technical Advisory Council on Oil and Gas	1509.38	169060
Transportation Review Advisory Council	5512.07 - 5512.09	169061
Unemployment Compensation Advisory Council	4141.08	169062
Unemployment Compensation Review Commission	4141.06	169063
Veterans Advisory Committee	5902.02(K)	169064
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer)	146.02 - 146.06	169065
Volunteer Fire Fighters' Dependents Fund Boards (public)	146.02 - 146.06	169066
Water and Sewer Commission	1525.11(C)	169067
Waterways Safety Council	1547.73	169068
Wildlife Council	1531.03 - 1531.05	169069
Workers' Compensation Board of Directors Nominating Committee	4121.123	169070

Section 610.21. That existing Section 4 of Sub. S.B. 171 of	169071
the 129th General Assembly, as amended by Am. Sub. H.B. 487 of the	169072
129th General Assembly, is hereby repealed.	169073

Section 620.10. That Section 105.05 of Am. Sub. H.B. 2 of the	169074
128th General Assembly be amended to read as follows:	169075

Sec. 105.05. Section 121.53 of the Revised Code is hereby	169076
repealed, effective ~~September~~June 30, ~~2013~~2014.	169077

Section 620.11. That existing Section 105.05 of Am. Sub. H.B.	169078
2 of the 128th General Assembly is hereby repealed.	169079

Section 630.10.10. All items set forth in this section are	169080
hereby appropriated out of any moneys in the state treasury to the	169081
credit of the Parks and Recreation Improvement Fund (Fund 7035)	169082
that are not otherwise appropriated for the biennium ending June	169083
30, 2014:	169084

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	169085

C725S6			Cleveland Zoological Society	$	150,000		169086
TOTAL Department of Natural Resources				$	150,000		169087

CLEVELAND ZOOLOGICAL SOCIETY

169088

Of the foregoing appropriation item C725S6, Cleveland	169089
Zoological Society, shall be used for the Cleveland Zoological	169090
Society.	169091

Section 630.11. That Sections 203.30.40, 203.30.70,	169092
203.30.80, 203.90.20, 205.10.20, 205.30.90, 205.50.70, and	169093
207.10.10 of Sub. S.B. 312 of the 129th General Assembly be	169094
amended to read as follows:	169095

Reappropriations

Sec. 203.30.40. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

169096

C87405	Capitol Rotunda Renovations	$	37,363	169097
C87406	Statehouse Grounds Repair/Improvements	$	34,663	169098
C87407	Sound System Upgrades	$	30,654	169099
C87409	Cupola Gutters and Ancillary Roof	$	5,577	169100
C87411	ADA Specific Sidewalk Ramp Replacement	$	7,564	169101
C87412	Capitol Square Security	$	121,316	169102
C87413	CSRAB Visitors' Center	$	48,576	169103
Total Capitol Square Review and Advisory Board		$	285,713	169104

On July 1, 2013, or as soon as possible thereafter, the	169105
Director of Budget and Management shall transfer any unexpended	169106
appropriations in appropriation item C87405, Capitol Rotunda	169107
Renovations, and appropriation item C87413, CSRAB Visitors'	169108
Center, to appropriation item C87412, Capitol Square Security. The	169109
appropriations transferred under this section are hereby	169110
appropriated.	169111

Reappropriations

Sec. 203.30.70. OSB SCHOOL FOR THE BLIND

169112

C22607	Renovation of Science Laboratory Greenhouse	$	26,473	169113
C22614	New School Lighting	$	32,775	169114
C22616	Renovation and Repairs	$	779,478	169115
C22617	Elevator Replacement	$	104,500	169116
C22619	Public Address System Replacement	$	73,150	169117
C22622	Track Shelter	$	42,750	169118
C22624	Natatorium Renovations	$	2,483	169119
C22700	Infrastructure Improvements	$	~~1,640,652~~ 1,657,435	169120
Total Ohio School for the Blind		$	~~2,702,261~~ 2,719,044	169121

PUBLIC ADDRESS SYSTEM REPLACEMENT

169122

The amount reappropriated for the foregoing appropriation	169123
item C22619, Public Address System Replacement, is the	169124
unencumbered and unallotted balance as of June 30, 2012, in	169125
appropriation item C22619, Public Address System Replacement,	169126
minus $77,000.	169127

TRACK SHELTER

169128

The amount reappropriated for the foregoing appropriation	169129
item C22622, Track Shelter, is the unencumbered and unallotted	169130
balance as of June 30, 2012, in appropriation item C22622, Track	169131
Shelter, plus $77,000.	169132

INFRASTRUCTURE IMPROVEMENTS

169133

The amount reappropriated for the foregoing appropriation	169134
item C22700, Infrastructure Improvements, is the unencumbered and	169135
unallotted balance as of June 30, 2013, in appropriation item	169136
C22700, Infrastructure Improvements, plus $16,783.	169137

Reappropriations

Sec. 203.30.80. OSD SCHOOL FOR THE DEAF

169138

C22104	Boilers, Blowers, and Controls for the School Complex	$	44,992	169139
C22107	Renovation and Repairs	$	950,000	169140
C22108	High School Window Replacement	$	20,041	169141
C22109	High School HVAC	$	19,182	169142
C22111	Staff Building Windows and Repair	$	15,983	169143
C22112	Alumni Park Preservation	$	59,375	169144
C22800	Infrastructure Improvements	$	~~905,833~~ 922,616	169145
Total Ohio School for the Deaf		$	~~2,015,406~~ 2,032,189	169146
TOTAL Administrative Building Fund		$	~~29,689,586~~ 29,723,152	169147

Reappropriations

Sec. 203.90.20. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

169149

C59004	Community Assistance Projects	$	13,913,599	169150
C59029	Emergency Generator Replacement	$	460,362	169151
C59034	Statewide Developmental Centers	$	1,407,067	169152
C59050	Emergency Improvements	$	484,984	169153
C59051	Energy Conservation	$	430,500	169154
C59055	Camp McKinley Improvements	$	30,000	169155
C59056	The Hope Learning Center	$	250,000	169156
TOTAL Department of Developmental Disabilities		$	16,976,512	169157
TOTAL Mental Health Facilities Improvement Fund		$	~~42,684,512~~ 42,584,512	169158

COMMUNITY ASSISTANCE PROJECTS

169159

The foregoing appropriation item C59004, Community Assistance	169160
Projects, may be used to provide community assistance funds for	169161
the construction or renovation of facilities for day programs or	169162
residential programs that provide services to persons eligible for	169163
services from the Department of Developmental Disabilities or	169164
county boards of developmental disabilities.	169165

The amount reappropriated for the foregoing appropriation	169166
item C59004, Community Assistance Projects, is the unencumbered,	169167
unallotted balance as of June 30, 2012, in appropriation item	169168
C59004, Community Assistance Projects, plus $8,326,255. Prior to	169169
the expenditure of this reappropriation, the Director of	169170
Developmental Disabilities shall certify to the Director of Budget	169171
and Management canceled encumbrances in the Mental Health	169172
Facilities Improvement Fund (Fund 7033) in the amount of at least	169173
$8,326,255.	169174

STATEWIDE DEVELOPMENTAL CENTERS

169175

The amount reappropriated for the foregoing appropriation	169176
item C59034, Statewide Developmental Centers, is the unencumbered,	169177
unallotted balance as of June 30, 2012, in appropriation item	169178
C59034, Statewide Developmental Centers, plus $167,912. Prior to	169179
the expenditure of this reappropriation, the Director of	169180
Developmental Disabilities shall certify to the Director of Budget	169181
and Management canceled encumbrances in the Mental Health	169182
Facilities Improvement Fund (Fund 7033) in the amount of at least	169183
$167,912.	169184

Reappropriations

Sec. 205.10.20. BOR BOARD OF REGENTS

169185

C23506	Third Frontier Project	$	15,689,958	169186
C23519	315 Research and Technology Corridor	$	2,090,000	169187
C23525	CWRU Mt. Sinai Skills and Simulation Center	$	500,000	169188
C23528	Clintonville Fiber Project	$	100,000	169189
C23529	Non-credit Job Training Facilities	$	2,011,227	169190
C23535	CWRU ~~Energy Center~~ Cleveland Center for Membrane and Structural Biology	$	333,333	169191
Total Board of Regents		$	20,724,518	169192

SUPPLEMENTAL RENOVATIONS LIBRARY DEPOSITORIES

169193

The amount reappropriated for appropriation item C23524,	169194
Supplemental Renovations Library Depositories, is the unencumbered	169195
and unallotted balance in appropriation item C23524, Supplemental	169196
Renovations Library Depositories, minus $95,695.	169197

NON-CREDIT JOB TRAINING FACILITIES

169198

The amount reappropriated for the foregoing appropriation	169199
item C23529, Non-credit Job Training Facilities, is the	169200
unencumbered and unallotted balance in appropriation item C23529,	169201
Non-credit Job Training Facilities, as of June 30, 2012, plus	169202
$866,811.	169203

Reappropriations

Sec. 205.30.90. CCC CUYAHOGA COMMUNITY COLLEGE

169204

C37800	Basic Renovations	$	617,662	169205
C37803	Technology Learning Center - Western	$	40,941	169206
C37812	Building A Expansion Module - Western	$	118,115	169207
C37816	College-Wide Wayfinding Signage System	$	118,825	169208
C37817	College-Wide Asset Protection & Building	$	599,645	169209
C37818	Healthcare Technology Building - Eastern	$	1,343,897	169210
C37821	Hospitality Management Program	$	37,203	169211
C37822	Theater Renovations	$	948,231	169212
C37824	Rock and Roll Hall of Fame Archive	$	3,000	169213
C37826	CW Roof Replacement	$	181,197	169214
C37831	Visiting Nurse Association	$	142,500	169215
~~C37833~~	~~Cleveland Zoological Society~~	$	~~142,500~~	169216
C37834	Museum of Contemporary Art Cleveland	$	427,500	169217
C37835	Western Reserve Historical Society	$	2,660,000	169218
Total Cuyahoga Community College		$	~~7,381,216~~ 7,238,716	169219

BASIC RENOVATIONS

169220

The amount reappropriated for the foregoing appropriation	169221
item C37800, Basic Renovations, is the unencumbered and unallotted	169222
balance as of June 30, 2012, in appropriation item C37800, Basic	169223
Renovations, plus $1,033,551.	169224

NON-CREDIT JOB TRAINING

169225

The amount reappropriated for appropriation item C37805,	169226
Non-credit Job Training, is the unencumbered and unallotted	169227
balance in appropriation item C37805, Non-credit Job Training, as	169228
of June 30, 2012, minus $38,676.	169229

BUILDING A EXPANSION MODULE - WESTERN

169230

The amount reappropriated for the foregoing appropriation	169231
item C37812, Building A Expansion Module - Western, is the	169232
unencumbered and unallotted balance as of June 30, 2012, in	169233
appropriation item C37812, Building A Expansion Module - Western,	169234
minus $82,761.	169235

THEATER RENOVATIONS

169236

The amount reappropriated for the foregoing appropriation	169237
item C37822, Theater Renovations, is the unencumbered and	169238
unallotted balance as of June 30, 2012, in appropriation item	169239
C37822, Theater Renovations, minus $950,790.	169240

CCC AUTO LAB IMPROVEMENTS

169241

The amount reappropriated for appropriation item C37830, CCC	169242
Auto Lab Improvements, is the unencumbered and unallotted balance	169243
in appropriation item C37830, CCC Auto Lab Improvements, as of	169244
June 30, 2012, minus $239.	169245

Reappropriations

Sec. 205.50.70. STC STARK TECHNICAL COLLEGE

169246

C38900	Basic Renovations	$	4,775	169247
C38917	Wind Energy Research and Development Center	$	1,166,996	169248
Total Stark Technical College		$	1,171,771	169249
TOTAL Higher Education Improvement Fund		$	~~226,722,333~~ 226,579,833	169250

Sec. 207.10.10. LOCAL PARKS PROJECTS

169252

Of the foregoing appropriation item C725E2, Local Parks	169253
Projects, $50,000 plus an amount equal to two per cent of the	169254
projects listed may be used by the Ohio Department of Natural	169255
Resources for the administration of local projects; $1,586,570	169256
shall be used for Grand Lake St. Mary's Improvements; $400,000	169257
shall be used for the Austin Pike Project - Land Acquisition;	169258
$191,000 shall be used for Deerfield Township Simpson Creek	169259
Erosion Mitigation and Bank Control; $121,700 shall be used for	169260
the Salt Fork State Park Concession Stand; $100,000 shall be used	169261
for the Crown Point Conservation Easement; $100,000 shall be used	169262
for the Euclid Beach Pier; $100,000 shall be used for the Liberty	169263
Park Expansion – Twinsburg; $100,000 shall be used for the Lucas	169264
County Marina; $100,000 shall be used for the Midtown Cleveland	169265
Mountain Bike Park; $100,000 shall be used for the Mudbrook Trail	169266
and Greenway Project; $69,000 shall be used for Miami and Erie	169267
Canal Repairs in Spencerville; $60,000 shall be used for the	169268
Marseilles Reservoir Bulkhead Project; $50,000 shall be used for	169269
Dillon State Park Upgrades; $25,000 shall be used for the	169270
Marblehead Lighthouse State Park Life Boat Station; $24,165 shall	169271
be used for Tar Hollow State Park Improvements; $20,200 shall be	169272
used for Van Buren State Park Campground Electric and Restroom	169273
Facility Improvements; and $10,000 shall be used for Village of	169274
Albany Bike Paths.	169275

FINDLEY STATE PARK

169276

The amount reappropriated for the foregoing appropriation	169277
item C72511, Findley State Park, is the unencumbered and	169278
unallotted balance as of June 30, 2012, in appropriation item	169279
C72511, Findley State Park, minus $22,856.	169280

LAKE HOPE STATE PARK

169281

The amount reappropriated for the foregoing appropriation	169282
item C72522, Lake Hope State Park, is the unencumbered and	169283
unallotted balance as of June 30, 2012, in appropriation item	169284
C72522, Lake Hope State Park, minus $7,276.	169285

HOCKING HILLS STATE PARK

169286

The amount reappropriated for the foregoing appropriation	169287
item C72559, Hocking Hills State Park, is the unencumbered and	169288
unallotted balance as of June 30, 2012, in appropriation item	169289
C72559, Hocking Hills State Park, minus $3,025.	169290

PORTAGE LAKES STATE PARK

169291

The amount reappropriated for the foregoing appropriation	169292
item C72576, Portage Lakes State Park, is the unencumbered and	169293
unallotted balance as of June 30, 2012, in appropriation item	169294
C72576, Portage Lakes State Park, minus $2,040.	169295

DEER CREEK STATE PARK

169296

The amount reappropriated for the foregoing appropriation	169297
item C72594, Deer Creek State Park, is the unencumbered and	169298
unallotted balance as of June 30, 2012, in appropriation item	169299
C72594, Deer Creek State Park, minus $19,392.	169300

RIVERFRONT IMPROVEMENTS

169301

The amount reappropriated for the foregoing appropriation	169302
item C725D0, Riverfront Improvements, is the unencumbered and	169303
unallotted balance as of June 30, 2012, in appropriation item	169304
C725D0, Riverfront Improvements, minus $5,000.	169305

MOHICAN STATE PARK

169306

The amount reappropriated for the foregoing appropriation	169307
item C725M9, Mohican State Park, is the unencumbered and	169308
unallotted balance as of June 30, 2012, in appropriation item	169309
C725M9, Mohican State Park, minus $72,469.	169310

WASTEWATER AND WATER SYSTEMS UPGRADE

169311

The amount reappropriated for the foregoing appropriation	169312
item C725N6, Wastewater and Water Systems Upgrade, is the	169313
unencumbered and unallotted balance as of June 30, 2012, in	169314
appropriation item C725N6, Wastewater and Water Systems Upgrade,	169315
plus $162,050.	169316

SOUTH BASS ISLAND STATE PARK

169317

The amount reappropriated for the foregoing appropriation	169318
item C725R0, South Bass Island State Park, is the unencumbered and	169319
unallotted balance as of June 30, 2012, in appropriation item	169320
C725R0, South Bass Island State Park, minus $29,992.	169321

KAMP DOVETAIL PROJECT

169322

The amount reappropriated for the foregoing appropriation	169323
item C725S5, Kamp Dovetail Project, used by the Department of	169324
Natural Resources, is the unencumbered and unallotted balance	169325
remaining as of June 30, 2013, in appropriation item C59020, Kamp	169326
Dovetail Project, used by the Department of Developmental	169327
Disabilities.	169328

FEDERAL REIMBURSEMENT

169329

All reimbursements received from the federal government for	169330
any expenditures made pursuant to sections of this act numbered	169331
with the prefix "207.10" shall be deposited in the state treasury	169332
to the credit of the Parks and Recreation Improvement Fund.	169333

Section 630.12. That existing Sections 203.30.40, 203.30.70,	169334
203.30.80, 203.90.20, 205.10.20, 205.30.90, 205.50.70, and	169335
207.10.10 of Sub. S.B. 312 of the 129th General Assembly are	169336
hereby repealed.	169337

Section 701.10. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES

169338

As used in this section, "appointing authority" has the same	169339
meaning as in section 124.01 of the Revised Code, and "exempt	169340
employee" has the same meaning as in section 124.01 of the Revised	169341
Code.	169342

Notwithstanding section 124.181 of the Revised Code, in cases	169343
where no vacancy exists, an appointing authority may, with the	169344
written consent of an exempt employee, assign duties of a higher	169345
classification to that exempt employee for a period of time not to	169346
exceed two years, and that exempt employee shall receive	169347
compensation at a rate commensurate with the duties of the higher	169348
classification.	169349

Section 701.30. (A) As used in this section, "public record"	169350
has the meaning defined in section 149.43 of the Revised Code, and	169351
"public office" has the meaning defined in section 149.011 of the	169352
Revised Code.	169353

Not later than May 31, 2014, the Director of Administrative	169354
Services shall deliver a report to the Governor, the Speaker and	169355
Minority Leader of the House of Representatives, and the President	169356
and Minority Leader of the Senate that proposes uniform standards	169357
that should apply to a public office that chooses to post public	169358
records on an internet web site maintained by the public office.	169359
In developing the standards, the Director shall consider, at a	169360
minimum, the following factors: any recommended technology and/or	169361
software to use; the projected costs of implementing and	169362
maintaining such technology and software; and how a public office	169363
is to post a public record on its web site, or on a public web	169364
site maintained by the state, so that the public record, or the	169365
data contained in the public record, is capable of being searched	169366
and downloaded by the public in a uniform manner. The proposed	169367
uniform standards, as articulated in the report, shall seek to	169368
incorporate, insofar as practical, related practices of the	169369
Auditor of State and of other state agencies.	169370

The Director may form, and seek advice from and consult with,	169371
an advisory committee. Members of the advisory committee shall	169372
include, but are not limited to, representatives of state and	169373
local governments and individuals having relevant expertise to	169374
assist in developing the report.	169375

(B) Not later than May 31, 2014, the Director of Development	169376
Services, in cooperation with the Local Government Innovation	169377
Council, shall prepare and issue to the members of the General	169378
Assembly a report that recommends various means by which the	169379
information exchange may provide local governments with insights	169380
regarding efficiency and productivity, and various means by which	169381
the information exchange may help local governments improve	169382
services to vulnerable populations by providing insights regarding	169383
programs that benefit the poor, including general welfare support	169384
programs. The report also shall include recommendations, developed	169385
by the Director and the Council in consultation with the Third	169386
Frontier Commission, expressing various means by which data in the	169387
information exchange may create opportunities for private sector	169388
research institutions to develop value-added products or services	169389
that may be commercialized or create jobs, and thereby contribute	169390
to the betterment of the state economy.	169391

Section 701.40. (A) As used in this section, "political	169392
subdivision" has the meaning defined in section 2744.01 of the	169393
Revised Code.	169394

(B) There is the Local Government Efficiency Program to be	169395
administered by the Local Government Innovation Council. The	169396
Council shall adopt rules under Chapter 119. of the Revised Code	169397
as are necessary to administer the program, including application	169398
procedures and identification of approved training programs. Under	169399
the program, the Council may:	169400

(1) Award scholarships to political subdivision employees,	169401
and make grants and loans to political subdivisions, and to	169402
regional councils of government or other similar cooperative	169403
governmental arrangements consisting of political subdivisions,	169404
for training in process efficiency programs including, but not	169405
limited to, Six Sigma, Kaizen, and Lean;	169406

(2) Award grants or loans to political subdivisions to assist	169407
the political subdivisions in implementing the recommendations in	169408
the report published by the Director of Administrative Services	169409
under Section 701.30 of this act; and	169410

(3) Award a grant, not to exceed $200,000, to the Department	169411
of Administrative Services for the provision of training in	169412
process efficiency programs as described in division (B)(1) of	169413
this section.	169414

Section 701.61. Notwithstanding sections 124.14, 124.141,	169415
and 124.15 of the Revised Code, until July 1, 2015, the Director	169416
of Administrative Services may implement the provisions of	169417
sections 124.14, 124.141, and 124.15 of the Revised Code that	169418
otherwise would require the adoption of rules without adopting	169419
rules.	169420

Section 715.10. Two years after the amendments to section	169421
1501.011 of the Revised Code by this act take effect, the Ohio	169422
Facilities Construction Commission and the Department of Natural	169423
Resources shall review division (C) of that section.	169424

Section 733.10. Notwithstanding section 3317.01 of the	169425
Revised Code, as amended by this act, to determine whether a	169426
school district satisfied the minimum school year in the 2013-2014	169427
school year in order to qualify for state funding under Chapter	169428
3317. of the Revised Code for fiscal year 2015, the Department of	169429
Education shall apply the criteria prescribed in the version of	169430
division (B) of section 3317.01 of the Revised Code in effect	169431
prior to July 1, 2014.	169432

Section 733.20. The General Assembly hereby declares its	169433
intent, in enacting section 3319.031 of the Revised Code, to	169434
supersede any effect of the decision of the Court of Appeals of	169435
the Eighth Appellate District in OAPSE/AFSCME Local 4 v. Berdine,	169436
174 Ohio App.3d 46 (Cuyahoga County, 2007) to the extent the	169437
decision conflicts with the principle that boards of education may	169438
appoint a licensed business manager, but also may determine	169439
instead to assign the roles and functions of a business manager to	169440
one or more employees or officers of the board, including the	169441
treasurer, in the board's sole discretion.	169442

Section 733.40. (A) The Superintendent of Public Instruction	169443
shall appoint three incorporators who are knowledgeable about the	169444
administration of public schools and about the operation of	169445
nonprofit corporations in Ohio.	169446

(B) The incorporators shall do whatever is necessary and	169447
proper to set up a nonprofit corporation under Chapter 1702. of	169448
the Revised Code. The articles of incorporation, in addition to	169449
meeting the requirements of section 1702.04 of the Revised Code,	169450
shall set forth the following provisions:	169451

(1) That the nonprofit corporation is to create and implement	169452
a pilot program that provides an alternative path for individuals	169453
to receive training and development in the administration of	169454
primary and secondary education and leadership, that will enable	169455
these individuals to earn a degree in public school	169456
administration, that will enable these individuals to obtain	169457
licenses in public school administration, and that promotes the	169458
placement of these individuals in public schools that have a	169459
poverty percentage greater than fifty per cent.	169460

(2) That the Board of Directors are to establish criteria for	169461
program costs, participant selection, and continued participation,	169462
and metrics to document and measure pilot program activities.	169463

(3) That the name of the nonprofit corporation is "New	169464
Leaders for Ohio Schools."	169465

(4) That the Board of Directors is to consist of the	169466
following nine directors:	169467

(a) The Governor or the Governor's designee;

169468

(b) The Superintendent of Public Instruction, or the	169469
Superintendent's designee;	169470

(c) The Chancellor of the Ohio Board of Regents, or the	169471
Chancellor's designee;	169472

(d) Two individuals to represent major business enterprises	169473
in Ohio;	169474

(e) Two individuals appointed by the Speaker of the House of	169475
Representatives, one of whom shall be an active duty or retired	169476
military officer;	169477

(f) Two individuals appointed by the President of the Senate,	169478
one of whom shall be a current or retired teacher or principal.	169479

The Dean of The Ohio State University Fisher College of	169480
Business and the Dean of The Ohio State University College of	169481
Education and Human Ecology are to serve as ex-officio nonvoting	169482
members of the Board.	169483

The individuals on the Board who represent major business	169484
enterprises in Ohio are to be appointed by a statewide	169485
organization selected by the Governor. The organization is to be	169486
nonpartisan and consist of chief executive officers of major	169487
corporations organized in Ohio.	169488

(5) That the Board is to elect a chairperson from among its	169489
members, and is to appoint a President of the corporation.	169490

(6) That the President of the Corporation, subject to the	169491
approval of the Board, is to enter into a contract with The Ohio	169492
State University Fisher College of Business. Under the contract,	169493
the College is to provide oversight to the corporation, is to	169494
serve as fiscal agent for the corporation, and is to provide the	169495
corporation with office space, and with office furniture and	169496
equipment, as is necessary for the corporation successfully to	169497
fulfill its duties.	169498

(7) That the overhead expenses of the corporation are not to	169499
exceed fifteen per cent of the annual budget of the corporation.	169500

(8) That the President is to apply for, and is to receive and	169501
accept, grants, gifts, bequests, and contributions from private	169502
sources.	169503

(9) That the corporation is to submit an annual report to the	169504
General Assembly and Governor beginning December 31, 2013.	169505

(10) That state financial support for the corporation shall	169506
cease on the date that is five years after the effective date of	169507
this section.	169508

Section 733.50. (A) The State Board of Education shall issue	169509
an alternative principal or administrator license in accordance	169510
with rules adopted under this section to an individual who	169511
successfully completes the New Leaders for Ohio Schools pilot	169512
program under Section 733.40 of this act.	169513

(B) The State Board, in consultation with the Board of	169514
Directors of New Leaders for Ohio Schools, shall adopt rules that	169515
prescribe the requirements for an alternative principal or	169516
administrator license specifically for an individual who	169517
successfully completes the New Leaders for Ohio Schools pilot	169518
program. The State Board shall use the rules for alternative	169519
principal and administrator licenses previously adopted under	169520
section 3319.27 of the Revised Code as a guideline for development	169521
of the rules adopted under this section.	169522

Section 737.20. TELEMEDICINE POLICY WORKGROUP

169523

The Executive Director of the Governor's Office of Health	169524
Transformation may convene a workgroup of state agency directors	169525
to study policy matters regarding the potential benefits of using	169526
telemedicine as a means of increasing the quality and availability	169527
of health care services within this state. If established, the	169528
workgroup shall include the Medicaid Director, Superintendent of	169529
Insurance, and any other state agency director the Executive	169530
Director considers appropriate. Additional individuals may be	169531
included at the discretion of the Executive Director.	169532

A study conducted by a workgroup established under this	169533
section shall focus on developing a comprehensive statewide policy	169534
that encourages the use of telemedicine as an integral component	169535
of the state's health care system. In doing so, the workgroup	169536
shall consider not only the practice of telemedicine and the	169537
technology used to provide telemedicine services, but also matters	169538
pertaining to the implementation of telemedicine systems and the	169539
reimbursement of health care professionals, health care	169540
facilities, and other providers of telemedicine services,	169541
including coverage provided by health care insurers and the	169542
Medicaid program.	169543

Section 737.30. Before December 31, 2013, the Joint Committee	169544
on Gaming and Wagering, established in section 3772.032 of the	169545
Revised Code, shall prepare a report that includes findings on	169546
criminal problems posed by gaming and wagering at casino	169547
facilities and video lottery terminal facilities, as well as	169548
recommendations on policies and procedures that may be used to	169549
protect personal liberty while also reducing criminal activity.	169550
The committee shall submit the report to the President and	169551
Minority Leader of the Senate, the Speaker and Minority Leader of	169552
the House of Representatives, the Governor, the Attorney General,	169553
the State Lottery Commission, and the Ohio Casino Control	169554
Commission.	169555

Section 745.10. There is hereby created the License Plate	169556
Safety Task Force. The Task Force shall consist of eight members:	169557
three members appointed by the President of the Senate, one member	169558
appointed by the Minority Leader of the Senate, three members	169559
appointed by the Speaker of the House of Representatives, and one	169560
member appointed by the Minority Leader of the House of	169561
Representatives. At least five members shall represent law	169562
enforcement.	169563

The Task Force shall examine the extent of license plate	169564
degradation over time and the impediments to law enforcement	169565
efforts caused by illegible license plates resulting from	169566
degradation. The Task Force also shall examine whether having dual	169567
license plates is beneficial to law enforcement officers and	169568
determine whether the state should continue its dual plate	169569
requirement. Not later than December 31, 2013, the Task Force	169570
shall issue a report of its findings and recommendations to the	169571
Governor, the President of the Senate, the Minority Leader of the	169572
Senate, the Speaker of the House of Representatives, and the	169573
Minority Leader of the House of Representatives. At that time, the	169574
Task Force shall cease to exist.	169575

Section 747.10. (A) The Ohio Cemetery Law Task Force shall	169576
develop recommendations on modifications of the laws of this state	169577
relating to cemeteries.	169578

(B) The Ohio Cemetery Law Task Force is established. The Task	169579
Force shall consist of the following eleven members: a	169580
representative of local government, other than townships,	169581
appointed by the President of the Senate; a representative of the	169582
Ohio Township Association appointed by the President of the	169583
Senate; a representative of Native Americans appointed by the	169584
President of the Senate; a representative of private cemeteries	169585
appointed by the Speaker of the House of Representatives; a	169586
representative of the Ohio Historical Society appointed by the	169587
Speaker of the House of Representatives; a representative of	169588
archeologists appointed by the Speaker of the House of	169589
Representatives; a representative of the Ohio Genealogical Society	169590
appointed by the Governor; a representative of the Ohio Cemetery	169591
Dispute Resolution Commission appointed by the Governor; a	169592
representative of the Division of Real Estate and Professional	169593
Licensing in the Department of Commerce appointed by the Governor;	169594
a representative of the Department of Transportation appointed by	169595
the Governor; and a representative of the Department of Natural	169596
Resources appointed by the Governor.	169597

The initial appointments shall be made not later than thirty	169598
days after the effective date of this section. Vacancies shall be	169599
filled in the manner provided for original appointments.	169600

The Task Force shall elect two of its members to serve as	169601
co-chairpersons of the Task Force.	169602

The Task Force shall meet as often as necessary to carry out	169603
its duties and responsibilities. Members of the Task Force shall	169604
serve without compensation.	169605

(C) The Task Force shall issue a report of its	169606
recommendations to the President of the Senate, the Speaker of the	169607
House of Representatives, and the Governor not later than one year	169608
after the effective date of this section. The Task Force ceases to	169609
exist upon submitting its report.	169610

Section 747.20. The county recorder shall continue to keep	169611
six separate sets of records of all agreements for the	169612
registration of lands as archaeological or historic landmarks	169613
recorded before the effective date of this section.	169614

Section 747.30. Notwithstanding section 4783.04 of the	169615
Revised Code, as enacted by this act, if an individual certified	169616
as a board certified behavior analyst by the Behavior Analyst	169617
Certification Board or its successor organization can demonstrate	169618
active practice in a manner prescribed in rules adopted by the	169619
State Board of Psychology within one year after the effective date	169620
of those rules, the individual may apply for immediate	169621
certification as a certified Ohio behavior analyst without paying	169622
a fee or satisfying other requirements specified in section	169623
4783.04 of the Revised Code or requirements prescribed by the	169624
State Board of Psychology.	169625

The State Board of Psychology shall provide internet access	169626
to the study guide produced by the State Board of Psychology that	169627
summarizes the applicable laws and rules. An individual issued a	169628
certificate pursuant to this section is responsible for knowledge	169629
of Ohio law based on self-study of these documents.	169630

Following initial certification under this section, a	169631
certified Ohio behavior analyst shall comply with section 4783.05	169632
of the Revised Code with respect to biennial registration, payment	169633
of fees, and continuing education requirements.	169634

Section 747.40. The Departments of Developmental	169635
Disabilities, Mental Health and Addiction Services, Health, and	169636
Education; the Ohio Board of Regents; and any other appropriate	169637
state agency shall work with the Ohio Center for Autism and Low	169638
Incidence or another qualified entity to create a certification or	169639
endorsement process for individuals providing evidence-based	169640
interventions to serve or support an individual with an autism	169641
spectrum disorder. The process created shall not conflict with or	169642
duplicate any current state licensure processes and shall include	169643
clinical therapeutic interventionists. The goal of the process	169644
created shall be to build the capacity of individuals qualified to	169645
serve or support individuals with autism spectrum disorders.	169646
Legislative recommendations shall be submitted to the Governor,	169647
the President and Minority Leader of the Senate, and the Speaker	169648
and Minority Leader of the House of Representatives not later than	169649
October 31, 2013.	169650

Section 751.10. RECOVERY REQUIRES A COMMUNITY PROGRAM

169651

The Department of Mental Health and Addiction Services, in	169652
consultation with the Department of Medicaid, shall administer the	169653
Recovery Requires a Community Program to identify individuals	169654
residing in nursing facilities who can be successfully moved into	169655
a community setting with the aid of community non-Medicaid	169656
services.	169657

The Director of Mental Health and Addiction Services and the	169658
Medicaid Director shall agree upon an amount representing the	169659
savings realized from decreased nursing facility utilization to be	169660
transferred within the biennium from the Department of Medicaid to	169661
the Department of Mental Health and Addiction Services to support	169662
non-Medicaid program costs for individuals moving into community	169663
settings.	169664

Of the foregoing appropriation item 651525, Medicaid/Health	169665
Care Services, the Medicaid Director shall transfer the amount	169666
agreed upon representing the savings from the General Revenue Fund	169667
to the Sale of Goods and Services Fund (Fund 1490). The transfer	169668
shall be made using an intrastate transfer voucher. The	169669
transferred cash is hereby appropriated to appropriation item	169670
335609, Community Operating/Planning.	169671

Section 751.41. (A) The Workforce Training Pilot Program for	169672
the Economically Disadvantaged is hereby established to provide	169673
grants to provide training in life and technical skills. The	169674
Director of Job and Family Services shall administer the Pilot	169675
Program for a period of two years, beginning July 1, 2013.	169676

(B) The Director of Job and Family Services, in consultation	169677
with the Director of Development Services and JobsOhio, shall	169678
issue a request for proposals to allow an entity to receive a	169679
grant under this section to create and administer a demonstration	169680
project in the field of workforce development. The demonstration	169681
project shall provide training to those individuals located in the	169682
region described in division (C) of this section where the project	169683
is located who the applicant determines are economically	169684
disadvantaged. The request for proposals shall include all of the	169685
following requirements:	169686

(1) That the applicant shall include in the proposal a	169687
description of the manner in which the applicant will determine	169688
whether an individual is economically disadvantaged;	169689

(2) That the demonstration project shall provide life skills	169690
training, to assist an individual to develop character traits	169691
necessary to obtain employment, and technical, field-related	169692
training;	169693

(3) That the applicant is collaborating with an organization	169694
in the region described in division (C) of this section where the	169695
project is located and at least one community-based nonprofit	169696
organization that has experience in life-skill support services	169697
and workforce development;	169698

(4) That the applicant satisfies any other requirements	169699
established in the request for proposals.	169700

(C)(1) The Director of Job and Family Services, in	169701
consultation with the Director of Development Services and	169702
JobsOhio, shall award a grant in fiscal year 2014 for a	169703
demonstration project described in division (B) of this section in	169704
each of the following regions of the state:	169705

(a) The counties of Allen, Crawford, Defiance, Fulton,	169706
Hancock, Hardin, Henry, Lucas, Ottawa, Paulding, Putnam, Sandusky,	169707
Seneca, Van Wert, Williams, Wood, and Wyandot;	169708

(b) The counties of Ashland, Ashtabula, Columbiana, Cuyahoga,	169709
Erie, Geauga, Huron, Lake, Lorain, Mahoning, Medina, Portage,	169710
Richland, Stark, Summit, Trumbull, Tuscarawas, and Wayne;	169711

(c) The counties of Auglaize, Champaign, Clark, Clinton,	169712
Darke, Fayette, Greene, Mercer, Miami, Montgomery, Preble, and	169713
Shelby;	169714

(d) The counties of Delaware, Fairfield, Franklin, Knox,	169715
Licking, Logan, Madison, Marion, Morrow, Pickaway, and Union;	169716

(e) The counties of Adams, Athens, Belmont, Carroll,	169717
Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes,	169718
Jackson, Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum,	169719
Noble, Perry, Pike, Ross, Scioto, Vinton, and Washington;	169720

(f) The counties of Brown, Butler, Clermont, Hamilton, and	169721
Warren.	169722

(2) The Director of Job and Family Services may award a grant	169723
to one or two demonstration projects located in a region described	169724
in division (C)(1) of this section, however, no region shall	169725
receive more than one million dollars in grant funding under this	169726
section.	169727

(D) The Director of Job and Family Services shall adopt rules	169728
in accordance with Chapter 119. of the Revised Code to establish	169729
reporting requirements for grant recipients under this section.	169730
Those rules shall require a grant recipient to report on the	169731
successful completion rate of project participants, rate of job	169732
placement of participants, tracking of participant's employment	169733
after completion of the project, and any other information	169734
requested by the Director. The Director shall require grant	169735
recipients to report this information during the two-year Pilot	169736
Program and to submit a final report upon the expiration of the	169737
Pilot Program. A grant recipient shall comply with rules adopted	169738
by the Director.	169739

(E) On July 1, 2013, or as soon as possible thereafter, the	169740
Director of Budget and Management shall transfer $8,000,000 cash	169741
from the Economic Development Projects Fund (Fund 5JC0) used by	169742
the Board of Regents to the Training Activities Fund (Fund 6130)	169743
used by the Department of Job and Family Services. The transferred	169744
funds shall be used for the Pilot Program established in this	169745
section.	169746

Section 753.30. (A) There is the State Facility Utilization	169747
and Consolidation Task Force. The Task Force shall create an	169748
inventory of state-owned real property and of assets related to	169749
the real property, study the current utilization of the real	169750
property and related assets, determine which real properties and	169751
related assets are not being productively used, determine which	169752
real properties and related assets that are not being productively	169753
used could be productively used, and determine which real	169754
properties and related assets that are not being productively used	169755
could be productively used if consolidated. The Task Force, based	169756
on its study, shall provide the Governor, the President of the	169757
Senate, and the Speaker of the House of Representatives, not later	169758
than one year after the effective date of this section, a report	169759
expressing Task Force's recommendations for the sale, productive	169760
use, or consolidation of state-owned real property and assets.	169761
Upon completing delivery of its report, the Task Force ceases to	169762
exist.	169763

(B) The Task Force consists of the following members: Two	169764
members of the House of Representatives, appointed by the Speaker	169765
of the House of Representatives; two members of the Senate	169766
appointed by the President of the Senate; one individual appointed	169767
by the Governor; the Director of Administrative Services or the	169768
Director's designee; and the Director of Budget and Management or	169769
the Director's designee. Vacancies on the Task Force shall be	169770
filled by the appointing authority.	169771

The Task Force shall select a chairperson and	169772
vice-chairperson from among its members.	169773

Members of the Task Force are not entitled to compensation	169774
for serving on the Task Force. Members of the Task Force may	169775
continue to receive the compensation and benefits accruing from	169776
their regular offices or employments. A member of the Task Force	169777
is entitled to reimbursement of actual and necessary expenses	169778
incurred because of service on the Task Force.	169779

The Task Force first shall meet within one month after the	169780
effective date of this section at the call of the Governor.	169781
Thereafter, the Task Force shall meet at the call of its	169782
chairperson as necessary to carry out its duties.	169783

The Director of Administrative Services shall provide the	169784
Task Force with meeting space and with professional, technical,	169785
and clerical staff as is necessary for the Task Force successfully	169786
and efficiently to fulfill its duties.	169787

Section 755.10. Not later than ninety days after the	169788
effective date of this section, the Director of Transportation	169789
shall establish a county bridge program to assist counties with	169790
the maintenance of bridges. The program may provide monetary and	169791
other resources, and shall address infrastructure needs related to	169792
county-maintained bridges, including bridge embankments, drainage	169793
bridge repair, and other related conditions.	169794

The Director may consult with affected political subdivisions	169795
in assessing needs and in developing the program. Upon	169796
establishing the program, the Director shall notify affected	169797
political subdivisions in an appropriate manner of the	169798
availability of the program.	169799

Section 757.10. MINIMUM DISTRIBUTION OF LOCAL GOVERNMENT	169800
FUND	169801

Notwithstanding any provision of section 131.51 of the	169802
Revised Code to the contrary, from revenue arising from the	169803
personal income tax levied under Chapter 5747. of the Revised	169804
Code, an amount equal to one hundred per cent of the amount	169805
credited to the Local Government Fund in July 2012 shall be	169806
credited to such fund in July 2013. In July 2013 each county	169807
undivided local government fund shall receive the same amount it	169808
received in July 2012. In July 2013 each municipal corporation	169809
shall receive the same amount it directly received from the Local	169810
Government Fund in July 2012.	169811

Section 757.50. The amendment by this act of divisions (Q),	169812
(R), and (S) of section 5741.01 and section 5741.03 of the Revised	169813
Code and the enactment of section 5741.032 of the Revised Code are	169814
hereby effectuated with the intent that if the United States	169815
Congress enacts the Marketplace Fairness Act of 2013, or other	169816
similar legislation authorizing states to require sellers that	169817
lack a substantial nexus with the state to pay, collect, or remit	169818
sales or use tax, the General Assembly shall adopt, before the	169819
effective date of such federal legislation, any conforming	169820
amendments required by such federal legislation and requiring the	169821
Tax Commissioner to adopt rules necessary to effectively	169822
administer such taxes with respect to remote sellers, as defined	169823
in division (R) of section 5741.01 of the Revised Code.	169824

This section is not intended to create a nexus between this	169825
state and remote sellers for any tax other than those imposed	169826
under Chapters 5739. and 5741. of the Revised Code.	169827

Section 757.60. The purpose of section 3735.661 of the	169828
Revised Code is to clarify the intent of the General Assembly that	169829
"first two amendments," as used in division (B) of Section 3 of	169830
Am. Sub. S.B. 19 of the 120th General Assembly, has, on and after	169831
July 22, 1994, referred and continues to refer to only a	169832
substantive amendment to a community reinvestment area ordinance	169833
or resolution that extends, expands, increases, or otherwise	169834
broadens the availability of tax exemptions provided under the	169835
ordinance or resolution and does not refer to an amendment that	169836
decreases or otherwise limits the availability of tax exemptions	169837
under the ordinance or resolution or that are procedural or	169838
administrative. Therefore, section 3735.661 of the Revised Code	169839
applies retroactively to ordinances and resolutions adopted under	169840
section 3735.66 of the Revised Code before and after the effective	169841
date of section 3735.661 of the Revised Code.	169842

Section 803.10. An investor who is issued a tax credit	169843
certificate under section 122.152 of the Revised Code prior to	169844
that section's repeal by this act may continue to claim that	169845
credit in the manner provided for in that section.	169846

Section 803.20. The member of the Farmland Preservation	169847
Advisory Board appointed under division (A)(4) of section 901.23	169848
of the Revised Code, as that section existed prior to its	169849
amendment by this act, who is serving on the effective date of	169850
this act shall continue to serve until the expiration of the term	169851
for which the member was appointed. At the end of that term, a	169852
member shall be appointed in accordance with division (A)(4) of	169853
that section as amended by this act.	169854

Section 803.30. A member of the technical advisory committee	169855
created in section 1551.35 of the Revised Code, as amended by this	169856
act, who was appointed by the Director of the Ohio Coal	169857
Development Office and who is serving on the committee immediately	169858
prior to the effective date of the amendments to that section	169859
shall continue in office until the expiration of the member's	169860
term. Thereafter, the appointment of a member for that position on	169861
the committee shall be made in accordance with the amendments to	169862
that section by this act.	169863

Section 803.41. (A) A member serving on the Rehabilitation	169864
Services Commission immediately prior to the effective date of	169865
this section who was appointed under section 3304.12 of the	169866
Revised Code as that section existed prior to its amendment by	169867
this act shall continue serving on the Opportunities for Ohioans	169868
with Disabilities Commission established by the amendments to that	169869
section by this act until the end of the term for which the member	169870
was appointed.	169871

(B) The consumer advisory committee that is required to be	169872
appointed by the Opportunities for Ohioans with Disabilities	169873
Commission by section 3304.16 (3304.14) of the Revised Code, as	169874
amended and renumbered by this act, is a continuation of the	169875
consumer advisory committee that was required to be appointed by	169876
the Rehabilitation Services Commission by section 3304.24 of the	169877
Revised Code prior to the repeal of that section by this act.	169878

Section 803.50. The amendments to sections 3313.48, 3313.533,	169879
3313.62, 3317.01, and 3321.05; the repeal and reenactment of	169880
section 3313.481; and the repeal of section 3313.482 of the	169881
Revised Code made by this act do not apply to any collective	169882
bargaining agreement executed under Chapter 4117. of the Revised	169883
Code prior to July 1, 2014. Any collective bargaining agreement or	169884
renewal executed after that date shall comply with the changes	169885
provided for in this act.	169886

Section 803.60. (A) As used in this section:

169887

(1) "State institution of higher education" has the same	169888
meaning as in section 3345.011 of the Revised Code.	169889

(2) "Career-technical planning district" has the same meaning	169890
as in section 3302.033 of the Revised Code.	169891

(B) Nothing in Chapter 3365. of the Revised Code or the	169892
amendment of sections in that chapter by this act shall be	169893
construed to infringe upon or require the alteration of any	169894
existing or future articulation agreement for technical coursework	169895
offered through state-approved career-technical programs of study	169896
or any corresponding payment structure between any state	169897
institution of higher education and a career-technical planning	169898
district.	169899

The Department of Education and the Board of Regents shall	169900
study the implications of applying the changes in Chapter 3365. of	169901
the Revised Code to articulation agreements for technical	169902
coursework offered through state-approved career-technical	169903
programs of study. The Department and the Board also shall make	169904
recommendations on how such career-technical programs of study	169905
might be included under Chapter 3365. of the Revised Code and the	169906
implications of including them. These recommendations shall be	169907
submitted to the Governor's Office of 21st Century Education and	169908
the General Assembly in accordance with section 101.68 of the	169909
Revised Code, not later than July 1, 2014.	169910

Section 803.80. (A) The amendment by this act of divisions	169911
(A)(26) and (GG) of section 5747.01, section 5747.022 by adding	169912
the last sentence thereto, and of division (A) of section 5747.025	169913
of the Revised Code applies to taxable years beginning on or after	169914
January 1, 2014.	169915

(B) The amendment by this act of divisions (A)(26), (29),	169916
(31), and (33) of section 5747.01, the first sentence of section	169917
5747.022, division (C) of section 5747.025, and of sections	169918
5747.02, 5747.05, 5747.08, 5747.21, 5747.22, and 5748.01 and the	169919
repeal of section 5747.211 of the Revised Code apply to taxable	169920
years beginning on or after January 1, 2013.	169921

Section 803.90. (A) Except as provided in division (B) of	169922
this section, the amendment by this act of section 5751.01 of the	169923
Revised Code applies to tax periods ending on or after the	169924
effective date of that amendment.	169925

(B) The amendment by this act of section 5751.02, division	169926
(A) of section 5751.051, divisions (B)(1), (B)(2), and (J) of	169927
section 5751.20, and all divisions of section 5751.01 of the	169928
Revised Code except divisions (F)(2)(z) and (jj) of that section	169929
shall take effect July 1, 2014.	169930

(C) The amendment by this act of divisions (F)(2)(z) and (jj)	169931
of section 5751.01 of the Revised Code applies to original returns	169932
filed on or after January 1, 2014.	169933

(D) The amendment by this act of section 5751.03 and division	169934
(B)(2) of section 5751.051 of the Revised Code applies to tax	169935
periods beginning on or after January 1, 2014.	169936

Section 803.120. (A) The amendment by this act of section	169937
1509.50, division (C)(12) of section 5703.21, section 5749.02,	169938
divisions (D), (F), (H), and (I) of section 5749.06, and section	169939
5749.17 of the Revised Code applies to calendar quarters beginning	169940
on or after October 1, 2013.	169941

(B) The amendment by this act of division (G) of section	169942
5749.06 of the Revised Code applies to the severance of natural	169943
resources occurring in calendar quarters beginning on or after	169944
January 1, 2014.	169945

Section 803.160. (A) References to the Ohio Cooperative	169946
Extension Service, or use of a similar term, in any contracts,	169947
agreements, or other instruments that were entered into or	169948
executed prior to the effective date of this section pursuant to	169949
state statutes are deemed to be references to OSU Extension as	169950
defined in section 1.611 of the Revised Code as enacted by this	169951
act.	169952

(B) References to the Ohio Cooperative Extension Service, or	169953
use of a similar term, in rules adopted prior to the effective	169954
date of this section pursuant to state statutes are deemed to be	169955
references to OSU Extension.	169956

Section 803.170. The amendment by this act of section	169957
5709.17 of the Revised Code applies to tax year 2013 and every tax	169958
year thereafter.	169959

Section 803.180. The amendment or enactment by this act of	169960
sections 5735.012 and 5735.013 applies on and after January 1,	169961
2014.	169962

Section 803.190. (A) The amendment or enactment by this act	169963
of division (I), except for divisions (I)(2)(g) and (I)(4), of	169964
section 5741.01 of the Revised Code applies to the storage, use,	169965
or other consumption of tangible personal property or services	169966
occurring on and after the first month beginning after the	169967
effective date of that division and section.	169968

(B) The amendment by this act of divisions (I)(2)(g) and	169969
(I)(4) of section 5741.01 and section 5741.17 of the Revised Code	169970
applies to the storage, use, or other consumption of tangible	169971
personal property or services occurring on and after October 1,	169972
2013, regardless of the date a seller and a resident entered into	169973
an agreement described in division (I)(2)(g) of section 5741.01 of	169974
the Revised Code. On that date, as used in divisions (I)(2)(g) and	169975
(I)(4) of section 5741.01 of the Revised Code, "preceding twelve	169976
months" means the twelve months beginning October 1, 2012, and	169977
ending September 30, 2013.	169978

(C) The amendment by this act of section 5739.02 of the	169979
Revised Code, adding divisions (B)(49)(b) and (54), applies to	169980
retail sales occurring on or after the first day of the first	169981
month beginning after the effective date of that section.	169982

(D) The amendment by this act of section 5739.01, adding	169983
divisions (B)(12) and (QQQ), and of division (B)(4) of section	169984
5739.02 of the Revised Code applies to the storage, use, or other	169985
consumption of tangible personal property or services and retail	169986
sales made on or after January 1, 2014.	169987

(E) The amendment by this act of division (A) of section	169988
5739.02 and sections 5739.10 and 5741.02 of the Revised Code	169989
applies to the storage, use, or other consumption of tangible	169990
personal property and services and retail sales made on or after	169991
September 1, 2013.	169992

Section 803.193. The amendment by this act of sections	169993
5743.01, 5743.51, 5743.62, and 5743.63 of the Revised Code applies	169994
on and after October 1, 2013.	169995

Section 803.210. Section 4503.192 of the Revised Code, which	169996
under Am. Sub. H.B. 51 of the 130th General Assembly is scheduled	169997
to take effect on July 1, 2013, rather takes effect on January 1,	169998
2014.	169999

Section 803.230. The amendment by this act of section	170000
5739.02 of the Revised Code, adding division (B)(52), applies to	170001
the sale or storage, use, or other consumption of tangible	170002
personal property or services occurring before, on, or after the	170003
effective date of this section.	170004

Section 803.240. The amendments by this act to section	170005
5735.27 of the Revised Code apply to any proceedings commenced	170006
after their effective date, and, so far as their provisions	170007
support the actions taken, also apply to any proceedings that on	170008
their effective date are pending, in progress, or completed and	170009
that are supplemented to provide or confirm compliance with or	170010
support by the provisions of those amendments as if they had been	170011
in effect at the time of those proceedings, and also apply to any	170012
public obligations authorized, issued, or incurred pursuant to	170013
those proceedings, notwithstanding any law, resolution, ordinance,	170014
order, advertisement, notice, or other proceeding in effect before	170015
their effective date. Any proceedings pending or in progress on	170016
the effective date of the amendments, or any public obligations	170017
authorized, sold, issued, incurred, delivered, or validated	170018
pursuant to those proceedings, shall be deemed to have been taken,	170019
authorized, sold, issued, incurred, delivered, or validated in	170020
conformity with the amendments so far as their provisions support	170021
the actions taken.	170022

The amendments by this act to section 5735.27 of the Revised	170023
Code provide additional and supplemental provisions for subject	170024
matter that may also be the subject of other laws, and are	170025
intended to be supplemental to, and not in derogation of, any	170026
similar authority provided by, derived from, or implied by, the	170027
Constitution of Ohio, or any other law, including laws amended by	170028
this act, or any charter, order, resolution, or ordinance; and	170029
those amendments to section 5735.27 of the Revised Code shall not	170030
be interpreted to negate the authority provided by, derived from,	170031
or implied by the Constitution of Ohio, laws, charters, orders,	170032
resolutions, or ordinances.	170033

Section 803.260. The amendment by this act of section	170034
5729.04 of the Revised Code applies to calendar years ending on or	170035
after December 31, 2013.	170036

Section 803.280. The amendment by this act of sections	170037
307.673, 307.696, 307.697, 4301.421, 5743.024, and 5743.323 of the	170038
Revised Code apply to any proceedings commenced after their	170039
effective date, and, so far as their provisions support the	170040
actions taken, also apply to any proceedings that on their	170041
effective date are pending, in progress, or completed, to any	170042
elections authorized, conducted, or certified, and to securities	170043
authorized or issued pursuant to those proceedings,	170044
notwithstanding any law, resolution, ordinance, order,	170045
advertisement, notice, or other proceeding in effect before their	170046
effective date. Any proceedings pending or in progress on, or	170047
completed by or before, the effective date of those amendments,	170048
elections authorized, conducted, or certified, and securities	170049
sold, issued, and delivered, or validated, pursuant to those	170050
proceedings, shall be deemed to have been taken, authorized,	170051
conducted, certified, sold, issued, delivered, or validated in	170052
conformity with those amendments so far as their provisions	170053
support the actions taken, and are hereby ratified and confirmed.	170054

The amendment by this act of sections 307.673, 307.696,	170055
307.697, 4301.421, 5743.024, and 5743.323 of the Revised Code	170056
provide additional or supplemental provisions for subject matter	170057
that may also be the subject of other laws, and is intended to be	170058
supplemental to, and not in derogation of, any similar authority	170059
provided by, derived from, or implied by, the Constitution of	170060
Ohio, or any other law, including laws amended by this act, or any	170061
charter, order, resolution, or ordinance; and those amendments to	170062
sections 307.673, 307.696, 307.697, 4301.421, 5743.024, and	170063
5743.323 of the Revised Code shall not be interpreted to negate	170064
the authority provided by, derived from, or implied by such	170065
Constitution of Ohio, laws, charters, orders, resolutions, or	170066
ordinances.	170067

Sections 307.673, 307.696, 307.697, 4301.421, 5743.024, and	170068
5743.323 of the Revised Code, as they existed prior to their	170069
amendment by this act, shall be deemed to remain applicable to any	170070
actions taken, including any election held or any securities	170071
issued pursuant to or in reliance on them.	170072

Section 803.290. The amendment or enactment by this act of	170073
sections 3769.089, 3769.10, 3769.101, 3769.102, 3769.103, 3769.26,	170074
and 3769.28, of section 3769.08 amending divisions (C) and (M) and	170075
the first paragraph of division (B) of that section, of section	170076
3769.087 amending divisions (A) and (B) of that section, and of	170077
section 3769.088 of the Revised Code amending division (A) of that	170078
section, takes effect on October 1, 2013.	170079

Section 803.300. The amendment by this act of division (A) of	170080
section 5705.21 of the Revised Code applies to any proceedings	170081
commenced after its effective date, and, so far as its provisions	170082
support the actions taken, also applies to any proceedings that on	170083
its effective date are pending, in progress, or completed, to any	170084
elections authorized, conducted, or certified, and to securities	170085
authorized or issued pursuant to those proceedings,	170086
notwithstanding any law, resolution, ordinance, order,	170087
advertisement, notice, or other proceeding in effect before its	170088
effective date. Any proceedings pending or in progress on, or	170089
completed by or before, the effective date of the amendment,	170090
elections authorized, conducted, or certified, and securities	170091
sold, issued, and delivered, or validated, pursuant to those	170092
proceedings, shall be deemed to have been authorized, conducted,	170093
certified, sold, issued, delivered, or validated in conformity	170094
with the amendment so far as its provision support the actions	170095
taken, and are hereby ratified and confirmed.	170096

The amendment by this act of division (A) of section 5705.21	170097
of the Revised Code provides additional or supplemental provisions	170098
for subject matter that may also be the subject of other laws, and	170099
is intended to be supplemental to, and not in derogation of, any	170100
similar authority provided by, derived from, or implied by, the	170101
Constitution of Ohio, or any other law, including laws amended by	170102
this act, or any resolution; and that amendment shall not be	170103
interpreted to negate the authority provided by, derived from, or	170104
implied by the Constitution of Ohio or such laws or resolutions.	170105

The provisions of law enacted, amended, or repealed by this	170106
act, as the provisions existed prior to the effective date of this	170107
section, shall be deemed to remain applicable to any actions	170108
taken, including any election held or any securities issued	170109
pursuant to or in reliance on them.	170110

Section 803.310. The amendment by this act of sections	170111
5709.40, 5709.73, and 5709.78 of the Revised Code applies to	170112
applications for exemption that are pending on, or are filed on or	170113
after, the effective date of this section.	170114

Section 806.10. The items of law contained in this act, and	170115
their applications, are severable. If any item of law contained in	170116
this act, or if any application of any item of law contained in	170117
this act, is held invalid, the invalidity does not affect other	170118
items of law contained in this act and their applications that can	170119
be given effect without the invalid item of law or application.	170120

Section 809.10. An item of law, other than an amending,	170121
enacting, or repealing clause, that composes the whole or part of	170122
an uncodified section contained in this act has no effect after	170123
June 30, 2015, unless its context clearly indicates otherwise.	170124

Section 812.10. Except as otherwise provided in this act, the	170125
amendment, enactment, or repeal by this act of a section is	170126
subject to the referendum under Ohio Constitution, Article II,	170127
Section 1c and therefore takes effect on the ninety-first day	170128
after this act is filed with the Secretary of State or, if a later	170129
effective date is specified below, on that date.	170130

The amendment of sections 955.01, 955.05, 955.06, 955.07,	170131
955.08, 955.09, and 955.14 of the Revised Code takes effect	170132
December 1, 2013.	170133

The enactment of section 5162.12 of the Revised Code takes	170134
effect January 1, 2014.	170135

The amendment or repeal of sections 183.11, 183.16, and	170136
183.33 of the Revised Code takes effect July 1, 2014.	170137

The amendment, enactment, or repeal of sections 3313.48,	170138
3313.533, 3313.62, 3314.092, 3321.05, 3326.11, and 3327.02 of the	170139
Revised Code takes effect July 1, 2014.	170140

The repeal and reenactment of section 3313.481 of the Revised	170141
Code takes effect July 1, 2014.	170142

The enactment of section 3327.07 of the Revised Code takes	170143
effect on July 1, 2014.	170144

Division (A) of section 4783.02 of the Revised Code takes	170145
effect one year after the effective date of that section.	170146

Sections 323.70, 323.110, 323.120, and 323.480 of this act	170147
take effect at the earliest time permitted by law but not earlier	170148
than September 30, 2013.	170149

Section 812.20. The amendment, enactment, or repeal by this	170150
act of the sections listed below is exempt from the referendum	170151
under Ohio Constitution, Article II, Section 1d and section 1.471	170152
of the Revised Code and therefore takes effect immediately when	170153
this act becomes law or, if a later effective date is specified	170154
below, on that date.	170155

Sections 131.51, 731.091, 3314.05, 3734.57, 3734.901,	170156
4301.43, 5727.84, 5739.10, 5741.02, 5747.501, and 5753.03 of the	170157
Revised Code.	170158

Sections of this act prefixed with section numbers in the	170159
200's, 300's, 400's, and 500's except for sections 323.10.70,	170160
323.70, 323.110, 323.120, 323.480, 363.230, 363.520, 363.540, and	170161
363.550 of this act.	170162

Sections 605.30 and 605.31 of this act.

170163

Section 751.41 of this act.

170164

Section 803.210 of this act.

170165

Sections 812.10, 812.20, and 812.30 of this act.

170166

The enactment of section 5168.41 of the Revised Code takes	170167
effect July 1, 2013.	170168

The amendment of sections 120.06 and 5139.04 of the Revised	170169
Code takes effect July 1, 2013.	170170

Section 812.30. The sections that are listed in the	170171
left-hand column of the following table combine amendments by this	170172
act that are and that are not exempt from the referendum under	170173
Ohio Constitution, Article II, sections 1c and 1d and section	170174
1.471 of the Revised Code.	170175

The middle column identifies the amendments to the listed	170176
sections that are subject to the referendum under Ohio	170177
Constitution, Article II, Section 1c and therefore take effect on	170178
the ninety-first day after this act is filed with the Secretary of	170179
State or, if a later effective date is specified, on that date.	170180

The right-hand column identifies the amendments to the listed	170181
sections that are exempt from the referendum under Ohio	170182
Constitution, Article II, Section 1d and section 1.471 of the	170183
Revised Code and therefore take effect immediately when this act	170184
becomes law or, if a later effective date is specified, on that	170185
date.	170186

Section of law	Amendments subject to referendum	Amendments exempt from referendum	170187
3745.11	Amendments to division (M)(5)	All amendments except as described in the middle column	170188
3721.50 (5168.40)	All amendments except as described in the right-hand column	Amendments to division (F)	170189
5112.30 (5168.60)	All amendments except as described in the right-hand column	Amendments to division (A) take effect July 1, 2013	170190
5739.02	All amendments except as described in the right-hand column	Amendments to division (A)	170191
6109.21	The stricken sentence in division (E)	All amendments except as described in the middle column	170192

Section 812.40. The amendments to sections 5101.573	170193
(5160.40), 5101.58 (5160.37), 5111.07 (5164.752), 5111.071	170194
(5164.753), 5111.083 (5164.757), 5111.17 (5167.10), and 5111.19	170195
(5164.74) of the Revised Code are subject to the referendum under	170196
Ohio Constitution, Article II, Section 1c and section 1.471 of the	170197
Revised Code, and therefore take effect on the ninety-first day	170198
after this act is filed with the Secretary of State. However:	170199

(A) In section 5101.573 (5160.40) of the Revised Code, the	170200
new matter inserted into division (C) takes effect January 1,	170201
2014.	170202

(B) In section 5101.58 (5160.37) of the Revised Code, the	170203
insertion of division (K) takes effect January 1, 2014.	170204

(C)(1) In section 5111.07 (5164.752) of the Revised Code, all	170205
of the amendments take effect July 1, 2014, except for the	170206
following amendments:	170207

(a) The renumbering of the section;

170208

(b) The strike through of "job and family services" and	170209
insertion of "medicaid" in the first sentence as the section	170210
appears on the day immediately preceding the effective date of	170211
this section.	170212

(2) The reference to "director of job and family services" in	170213
the last sentence shall be read as if it reads the "director of	170214
medicaid" while the last sentence remains in effect.	170215

(D) In section 5111.071 (5164.753) of the Revised Code, the	170216
insertion in the last sentence of "and the extent to which each	170217
terminal distributor participates in the medicaid program as a	170218
provider of drugs" takes effect July 1, 2014.	170219

(E) In section 5111.083 (5164.757) of the Revised Code, all	170220
of the amendments take effect January 1, 2014, except for the	170221
following amendments:	170222

(1) The renumbering of the section;

170223

(2) The insertion of "medicaid" before "director" in the	170224
first sentence of division (B);	170225

(3) The strike through of "of job and family services".

170226

(F) In section 5111.17 (5167.10) of the Revised Code, the	170227
amendments to division (B)(2) take effect January 1, 2014.	170228

(G) In section 5111.19 (5164.74) of the Revised Code, the	170229
following amendments take effect January 1, 2014:	170230

(1) The insertion of ", and the allocation of payments for,"	170231
in the first paragraph;	170232

(2) The strike through of the second paragraph and divisions	170233
(A), (B), and (C).	170234

Section 815.10. The General Assembly, applying the principle	170235
stated in division (B) of section 1.52 of the Revised Code that	170236
amendments are to be harmonized if reasonably capable of	170237
simultaneous operation, finds that the following sections,	170238
presented in this act as composites of the sections as amended by	170239
the acts indicated, are the resulting versions of the sections in	170240
effect prior to the effective date of the sections as presented in	170241
this act:	170242

Section 9.90 of the Revised Code as amended by both Am. Sub.	170243
H.B. 153 and Sub. S.B. 171 of the 129th General Assembly.	170244

Section 109.572 of the Revised Code as amended by both Am.	170245
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	170246

Section 122.17 of the Revised Code as amended by Sub. H.B.	170247
327, Am. Sub. H.B. 510, and Am. Sub. S.B. 314, all of the 129th	170248
General Assembly.	170249

Section 122.171 of the Revised Code as amended by both Am.	170250
Sub. S.B. 314 and Am. Sub. H.B. 510 of the 129th General Assembly.	170251

Section 122.33 of the Revised Code as amended by both Am.	170252
Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st General Assembly.	170253

Section 124.381 of the Revised Code as amended by both Am.	170254
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	170255

Section 149.311 of the Revised Code as amended by both Am.	170256
Sub. H.B. 510 and Am. Sub. S.B. 314 of the 129th General Assembly.	170257

Section 149.43 of the Revised Code as amended by both Am.	170258
Sub. H.B. 487 and Am. Sub. S.B. 314 of the 129th General Assembly.	170259

Section 329.06 of the Revised Code as amended by both Am.	170260
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	170261

Section 955.201 of the Revised Code as amended by both Am.	170262
Sub. H.B. 1 and Am. Sub. H.B. 2 of the 128th General Assembly.	170263

Section 2901.30 of the Revised Code as amended by both Am.	170264
H.B. 181 and Sub. S.B. 87 of the 127th General Assembly.	170265

Section 2903.13 of the Revised Code as amended by both Sub.	170266
H.B. 525 and Am. Sub. H.B. 62 of the 129th General Assembly.	170267

Section 2923.126 of the Revised Code as amended by both Am.	170268
Sub. H.B. 495 and Am. Sub. S.B. 316 of the 129th General Assembly,	170269
that is scheduled to take effect January 1, 2014.	170270

Section 2929.13 of the Revised Code as amended by Am. Sub.	170271
H.B. 62, Am. Sub. H.B. 262, and Am. Sub. S.B. 160 of the 129th	170272
General Assembly.	170273

Section 3304.231 of the Revised Code as amended by both Am.	170274
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	170275

Section 3313.978 of the Revised Code as amended by both Am.	170276
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly.	170277

Section 3701.78 of the Revised Code as amended by both Am.	170278
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	170279

Section 3734.01 of the Revised Code as amended by both Am.	170280
Sub. H.B. 487 and Sub. S.B. 294 of the 129th General Assembly.	170281

Section 3745.11 of the Revised Code as amended by both Am.	170282
Sub. H.B. 487 and Sub. S.B. 294 of the 129th General Assembly.	170283

Section 4731.22 of the Revised Code as amended by both Sub.	170284
H.B. 251 and Sub. S.B. 301 of the 129th General Assembly.	170285

Section 5104.012 of the Revised Code as amended by both Am.	170286
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly,	170287
that is scheduled to take effect January 1, 2014.	170288

Section 5104.013 of the Revised Code as amended by both Am.	170289
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly,	170290
that is scheduled to take effect January 1, 2014.	170291

Section 5111.032 of the Revised Code as amended by both Am.	170292
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	170293

Section 5111.033 of the Revised Code as amended by both Am.	170294
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	170295

Section 5111.034 of the Revised Code as amended by both Am.	170296
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	170297

Section 5111.172 of the Revised Code as amended by both Am.	170298
Sub. H.B. 93 and Am. Sub. H.B. 153 of the 129th General Assembly.	170299

Section 5119.16 of the Revised Code as amended by both Am.	170300
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	170301

Section 5701.13 of the Revised Code as amended by both Sub.	170302
H.B. 267 and Am. Sub. H.B. 487 of the 129th General Assembly.	170303

Section 5705.21 of the Revised Code as amended by both Sub.	170304
H.B. 525 and Am. S.B. 321 of the 129th General Assembly.	170305

Section 5705.25 of the Revised Code as amended by both Am.	170306
Sub. H.B. 487 and Am. S.B. 321 of the 129th General Assembly.	170307

Section 5709.40 of the Revised Code as amended by both Am.	170308
Sub. H.B. 508 and Am. Sub. H.B. 509 of the 129th General Assembly.	170309

Section 5709.73 of the Revised Code as amended by both Am.	170310
Sub. H.B. 508 and Am. Sub. H.B. 509 of the 129th General Assembly.	170311

Section 5731.39 of the Revised Code as amended by both Am.	170312
Sub. H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	170313

Section 5739.01 of the Revised Code as amended by Am. Sub.	170314
H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	170315

Section 5739.02 of the Revised Code as amended by Am. Sub.	170316
H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	170317

Section 5747.01 of the Revised Code as amended by Am. H.B.	170318
167, Sub. H.B. 365, and Am. Sub. H.B. 510, all of the 129th	170319
General Assembly.	170320

Section 5747.98 of the Revised Code as amended by both Am.	170321
Sub. H.B. 386 and Am. Sub. H.B. 510 of the 129th General Assembly.	170322

Section 5749.02 of the Revised Code as amended by both Am.	170323
Sub. H.B. 1 and S.B. 73 of the 128th General Assembly.	170324

Section 5751.01 of the Revised Code as amended by both Am.	170325
Sub. H.B. 51 and Am. S.B. 28 of the 130th General Assembly.	170326

Section 5753.03 of the Revised Code as amended by both Am.	170327
Sub. H.B. 487 and Am. Sub. H.B. 386 of the 129th General Assembly.	170328

Section 815.20. The amendment of sections 5104.11 and 5120.07	170329
of the Revised Code by this act is not intended to supersede the	170330
earlier repeal, with delayed effective date, of those sections.	170331

The amendment of section 5507.53 (128.53) of the Revised Code	170332
by this act is not intended to supersede the earlier repeal, with	170333
delayed effective date, of that section. The amendment of section	170334
5507.40 (128.40) of the Revised Code of this act is intended to	170335
supersede the earlier repeal, with delayed effective date, of that	170336
section.	170337